On appeal, the Massachusetts Supreme Judicial Court, May 2, 1926, found “no error” in any of the rulings of Judge Thayer. The guilt or innocence of the defendants was not, however, in question before the Supreme Judicial Court of Massachusetts. That court could not inquire as a matter of independent judgment, whether the facts as set forth in the printed record of the trial justified the verdict. What was reviewed was, in effect, the conduct of the trial judge, Thayer, which was found to have shown “no abuse of judicial discretion.” But what is judicial discretion? The present Chief Justice of Massachusetts has given an authoritative definition: “Discretion in this connection means a sound judicial discretion, enlightened by intelligence and learning, controlled by sound principles of law, of firm courage combined with the calmness of a cool mind, free from partiality, not swayed by sympathy nor warped by prejudice nor moved by any kind of influence save alone the overwhelming passion to do that which is just.” * * * * * Since the chief purpose of the writer is to expose to the scrutiny of the public the principal evidence upon which the defendants were convicted of murder, events since the conviction have not had their proper share of attention. With the confession of a young Portuguese, Celestino F. Madeiros, himself convicted of murder, who swore that he had been one of the hold-up men, and that Sacco and Vanzetti had not participated in the hold-up, as a starting point, the defense has built up a strong case for the identification of a gang of professional bandits in Rhode Island as the murderers of Parmenter and Berardelli. In October, 1926, Judge Thayer, in an opinion of 25,000 words, a mass of misquotations, misrepresentations, suppressions and mutilations, denied a motion for a new trial, based on the confession of Madeiros and subsequent evidence. A few weeks ago the Supreme Judicial Court of Massachusetts barred further appeal in the Massachusetts courts. It did not, however, itself pass on the worth of the new evidence. On April 9th, Judge Thayer sentenced Nicola Sacco and Bartolomeo Vanzetti to die in the electric chair in the week of July 10, 1927. * * * * * Power now rests in the hands of the Hon. Alvin T. Fuller, Governor of Massachusetts, to commute their sentence to life imprisonment, or grant a pardon. SHALL SACCO AND VANZETTI BE KILLED IN THE ELECTRIC CHAIR OR, THEIR SENTENCE COMMUTED TO IMPRISONMENT FOR LIFE, PERISH IN PRISON, ON A CONVICTION SECURED AT A MANIFESTLY UNJUST TRIAL? NO! GOVERNOR FULLER MUST SET THEM FREE! * * * * * Write or telegraph Governor Alvin T. Fuller, State House, Boston, Mass., petitioning for their release. * * * * *