Stewart at once sought to apply his theory of the commission of the two “jobs” by one gang. The theory, however, broke down. Orciani had been at work on the days of both crimes so he was let go. Sacco, in continuous employment at a shoe factory in Stoughton, had taken one day off, on April 15th. Hence, while he could not be charged with the Bridgewater crime, he was charged with the Braintree murders. Vanzetti, a fish peddler at Plymouth, and his own employer, could not give the same kind of alibi for either day, and so he was held for both crimes. The testimony concerning “consciousness of guilt:” (1) Sacco and Vanzetti, as we have seen, were two of the four Italians who called for Boda’s car at Johnson’s garage, on the evening of May 5th. Following a prearranged plan, Mrs. Johnson went to a neighbor’s (Bartlett’s) house to telephone the police. She testified that the two defendants followed her back to the garage. Thereafter, the men, having been advised by Mr. Johnson not to run the car without the current year’s number plate, left without it. Q. “Now, Boda came there to get his car, didn’t he?” A. “Yes, sir.” Q. “There were no 1920 number plates on it.” A. “No.” Q. “You advised him not to take the car and run it without 1920 plates, didn’t you?” A. “Yes.” Q. “And he accepted your view?” A. “He seemed to.” Q. “He seemed to. And after some conversation, went away?” A. “Yes.” This was the whole of the testimony on the strength of which Judge Thayer put the following question to the jury: “Did the defendants, in company with Orciani and Boda, leave the Johnson house because the automobile had no 1920 number plate on it, or because they were conscious of or becoming suspicious of what Mrs. Johnson did in the Bartlett house? If they left because they had no 1920 number plates on the automobile, then you may say there was no consciousness of guilt in consequence of the sudden departure; but if they left because they were consciously guilty[2] of what was being done by Mrs. Johnson in the Bartlett house, then you may say that it is evidence tending to prove consciousness of guilt on their part.” (2) Following their departure from the Johnson House, Sacco and Vanzetti were arrested by policemen who boarded their street-car as it was coming into Brockton. Three policemen testified as to their behavior after being taken into custody. The testimony of the police that Sacco and Vanzetti were about to draw pistols was emphatically denied by them. (3) In statements made to the District Attorney and the chief of police, at the police station after their arrest, both Sacco and Vanzetti lied. By mis-statements they tried to conceal their movements on the day of their arrest, the friends they had been to see, the places they had visited. For instance, Vanzetti denied that he knew Boda.