quote:
JUDGE THAYER: Under the law of Massachusetts the jury says whether a defendant is guilty or innocent. The Court has absolutely nothing to do with that question. The law of Massachusetts provides that a judge cannot deal in any way with the facts. As far as he can go under our law is to state the evidence.
During the trial many exceptions were taken. Those exceptions were taken to the Supreme Judicial Court. That Court, after examining the entire record, after examining all the exceptions,--that Court in its final words said, "The verdicts of the jury should stand; exceptions overruled." That being true, there is only one thing that this--Court can do. It is not a matter of discretion. It is a matter of statutory requirement, and that being true there is only one duty that now devolves upon this Court, and that is to pronounce the sentence.
First the Court pronounces sentence upon Nicola Sacco:
It is considered and ordered by the Court that you, Nicola Sacco, suffer the punishment of death by the passage of a current of electricity through your body within the week beginning on Sunday, the tenth day of July, in the Year of our Lord One Thousand Nine Hundred and Twenty-seven. This is the sentence of the law.
Then upon Vanzetti:
It is considered and ordered by the Court that you, Bartolomeo Vanzetti . . .
VANZETTI: Wait a minute, please, your Honor. May I speak for a minute with my lawyer, Mr. Thompson?
THOMPSON: I do not know what he has to say.
JUDGE THAYER: I think I should pronounce the sentence....... Bartolomeo Vanzetti, suffer the punishment of death.....
SACCO: You know I am innocent. Those are the same words I pronounced seven years ago. You condemn two innocent men.
JUDGE THAYER: … by the passage of a current of electricity through your body within the week beginning on Sunday, the tenth day of July, in the year of our Lord, One Thousand Nine Hundred and Twenty-seven. This is the sentence of the law.