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April 29, 1927 - Image 6

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Publication:
The Michigan Daily, 1927-04-29

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I

THE MICHIGAN

DAILY

-

FRlIDAY, AP11,11 2inI

WV[H'S | LLD | PROFESSOR SUNDERLAND POINTS TO
LUHLL JUSTICE IN SUMMARY OF SACCO-V
rNiu n I- [f I INfl[[In diseussing the notorious Sacco- Itesiified that sh; had had no oppor-

.......... ._. _. _ _ ._.. _ r .

_.

M1IUI1 1 A UI U R UUL 1 1 U W".1Vanzetti case, which has attracted so
much public interest of late, Prof.
Sas Supreme urtoni Justice Will Edson It. Sunderland, of th Law
lye Pri"1ipadl Talk At Ranquel chl, eclared that it is quite ap-
11 Legal Researchj Parent that the seven-year-old case is
a monstrous miscarriage of justice.
Cn a summary of the case which he
0ASE CLUB WILL MEET d_-,r up after considerable study, he
E g at .14t :
accordance with the precedent "Sacco an l Vanzelti we re convicted
ast year, the Lawye';s club will of the miurder of Pa1,rentex, a pay-
h..r 4. ion nr.nnr..l , ., i T"rntrrln+'

tunity to observe who was in the car
and could not identify anyone. A year,
afte:-wards, at the trial, she testified
that she saw Sacco, perfectly, while
he was in the car and noted his
height, his weight, the size of his
hand, color of his shirt, the character
of his facial features, the length of
his hair and the manner in wl.ch it
was brushed back. the color of his
eyelri',ws anl the shade of his con-

C
In
et I

elebrate its second annual r oun-ers
)ay today with a banquet in the eve-
ing, the final argument in the junior
ase club competition in the after-I
oon, and a general .inspection of the
ub dluring the day.
Justice Rousseau A. Burch, '85L, of
he supreme court of Kansas, will de-
iver as the principal adldress at the
inner tonight a talk entitled "The
'pirit and Method of Legal Research."
'his subject is in direct accordance5
rith the spirit of the occasion as the
Iub was founded by William W.
ook, '82L, for the purpose of pro-

master, and Berardelli, his
the main street of South
Mass., at 3 o'clock in the
while the victims were
money for the payroll of a
tory. There was no doubt
l murder, but the difficulty

guard, on plexion. Dr. Morton Prince, professor
Braintree, of psychology at H arvard university,
afternoon, says that such observation was psy-
carrying chologically imposs ble.
shoe fac- "Other witncsses who gave evidence
as to the were no better. On the other hand,
arose in a'number of Vanzetti's customers tes-

identifying the murderers . tified that' he was in Plymouth sellingI
As the case now stand:s before the fish' on the day of the murder, and'
puIic two questions are involved. other witnesses, among them an offi-
First, in view of the character of the cial of the Italian Consulate, testified
evidence and the conduct of the trial, that Sacco was in Boston at the time
was the verdict so unsatisfactory as of the murder, looking after a pass-
to require a new trial? Second, were jport to Italy.
the defendants justly entitled to have l "The trial took place in 1921, at a
a jury pass upon the newly discov- time when there was a very high feel-
ered evidence tending to show that ing against socialists and communists
others had committed the crime? in this country, and an immense

MISCARRIAGES OF The surmnie court of Massachusetts
TANZETTI DECISION y d i in the matter."
- --- - - -- 'rofcs sor Sunderland recently dis-
it came from a st wh1w>pabted a message to the governor of
owned. The gun expert had told the 31as achusets petitioning that the
men b~e pardoned. Many of the other,
prosecutor before the trial that he . hessor . of the ohe
could not so testify, so it was arrang- protessors of the Law school have
ed that he would answer the question
by saying that "it was CONSISTENT Dean Henry M. Bates, of the Law
with being fired from that pistol." school, recently stated in his opinion,
'Phis was done and the answer was that the men should be pardoned
treated by the prosecutor in his argu- whether guilty or innocent in the in-
ment and by the judge in his instruc_ terests of public justice. Inasmuch as
tions to the jury as meaning that the all 'nnishmentls, he declared, are sup-
bullet did, in the opinion of the gun- posed to be for the public welfare, it
expert witness, come from. Sacco's is dificlult to see anyth'ing lut harm
pistol. In view of the extremely slight resulting from the execution of Sacco
evidence of identification which the and Vanzetti.
state was able to present, this un-
doubtedly had great influence with' FSI1ER DELIVERS TALK
the jury.
"The murderers robbed the paymas- Prof. I. M. Fisher of the School of
ter of about 516,000. Not a dollar of Business Administration spoke on
this money was ever traced to Sacco real estate as a career before a meet-
or Vanzetti or any of their families or ing Wednesday held by the Ann Arbor
associates. Trust company. B. F. Mortenson and I.
"After the conviction. one Madeiros, C.Huston, prominent real estate men
who was confined in the prison with of Detroit, also spoke on Detroit's in-
Sacco, confessed that he was a mem- dustrial growth in connection with
ber of the gang which committed the real estate investments.
crime, and said that Sacco and Van-I
zetti had had no part in it. He was f
carefully interrogated by William C.
Thompson, a prominent Boston attor- Featuring
ney, who by this time had taken hold Light and Dark Spring Suits
of the case, and a mass of evidence
tendingto show that the crime was TAYLOR
carried out by the Morelli gang, of CUSTOM MADE
Providence, and that Sacco and Van- T, Pants Suit
zetti had nothing to do with it was
presented. This accords with thel$3 and$4
theory always held by the police that CHAS. DOUKAS
the crime was committed by a gang 1319 S. University
of experts. A new trial was asked on
the well-recognized ground of newly
discovered evidence, but it was re-_
fused in an opinion disclosing a
strong bias against the defendants.I READ THE WANT ADS

". ", s"...r',i+'.r"".I'. 'v',~~. t"../ '"./1.. ".I" .I ; +'"J , r '.r!"" ". "°. "',r. " . ' /"" ..rte , 4

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i'
1 i
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viding a center for legal study and
research. Since his graduation in
1885, Justice Burch has been a mem-
ber of the Kansas bar, gaining his
present position in 1892. In his long
period as judge he has gained a na-
tional reputation as a scholarly and
progressive administrator of the law.
Justice Burch will also sit as one
of the judges at the junior case club
argument which will be held at 3:30
o'clock in the lounge room of the
Lawyer's club. The other judges will
be Judge William L. Day, 'OOL, of
Cleveland, and Prof. Edson R. Sun-
derland of the Law school. The con-
testants in the argument will be. Carl
J. Riddeing, and Lowell M. Birch
who, as theHolmes club team, will
be opposed by William C. Dixon and
Leon R. Jones representing the Mar-
shall club. The winning team will be
given $100 as provided by the Henry
M. Campbell fund, while the losers
will be awarded. $25 each.
Among those wo have indicated their
intention of attending the dinner are
President-emeritus Hutchins; Justice
Guy A. Miller, 'OOL, of the Detroit
circuit court; and Hon. Charles B.
Collingwood, of East Lansing, circuit
court judge.
WHITNEY
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.
1
t
.
j

There is a wide-spread feeling that
both questions should be answered in
the affirmative.
"In regard to the verdict rendered,
it is clear that it rested on very un-
satisfactory evidence of identification.
The star witness for the state was
working on the second floor of a shoe
factory. She heard a shot in the
street, ran to the window and saw a
car at a distance of 60 or 80 feet,
driving rapidly away. She observed it
from ore and one-half to three see-,
onds. At the preliminary hearing,
Iwithin a month after the crime, she

amount of evidence was introduced
showing that the defendants held so-
cialistic or communistic views, were
"draft dodgers," and were under gov-
ernment surveillance. This evidence
was stressed by the prosecuting attor-
nies, and the judge, instead of warn-
ing the jury not to be influenced by
political prejudice against the de-
fendants, reviewed this evidence at
great length.
"The government called an expert
to testify whether the marks on the
bullet which was found in the body
of Berardelli, the guard, showed that

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Read The Daily ''Classifieda Columns

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11

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Last Time Here
Orchestra, a Staff
Effects.

With Touring Company Carrying Large
of Expert Mechanicians and Carload of

A

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KING VIDOR'S PICTURIZATION OF
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