AFTERNOON SESSION (Jury sent to deliberate):
THE COURT. You may poll the jury, please, Mr. Clerk.
(The jury are polled and both defendants answer "Present.")
THE COURT. Now, as I understand, gentlemen, you have agreed on the exhibits that are to go to the jury room. I want that you should be very careful to see that nothing goes excepting that which has been introduced in evidence and nothing should go excepting after there has been a thorough and careful examination by counsel for both defendants.
MR. KATZMANN. The suggestion counsel make in regard to that is the jury retire and counsel will confer and check up everything.
THE COURT. Is that agreeable to all the counsel on both sides?
MR. JEREMIAH McANARNEY. Yes, to save time.
THE COURT. That may be done, You may, therefore, gentlemen, now retire to your room with a view of reaching a verdict in these cases.
(The jury retire from the court room.)
THE COURT. If the jury should call for a magnifying glass, the one that was used during the trial by counsel and by the jury, the Court in its discretion allows the same to be sent to the jury, over the objection of the defendants. To this order of the Court, if it should be made, the defendant duly except.
(The jury later sent for the magnifying glass, and the Court ordered it sent out, to which counsel for the defendants objected and exception duly noted.)
EVENING SESSION (Announcement of verdict):
THE COURT. Poll the jury, Mr. Clerk.
(The jury are polled and both defendants answer "Present".)
THE COURT: If the jury is agreed, you may please take the verdict.
CLERK WORTHINGTON. Gentlemen of the jury, have you agreed upon your verdict?
THE FOREMAN. We have.
CLERK WORTHINGTON. Nicola Sacco.
DEFENDANT SACCO. Present.
(Defendant Sacco stands up.)
CLERK WORTHINGTON. Hold up your right hand. Mr. Foreman, look upon the prisoner. Prisoner, look upon the Foreman. What say you, Mr. Foreman, is the prisoner at the bar guilty or not guilty?
THE FOREMAN. Guilty.
CLERK WORTHINGTON. Guilty of murder?
THE FOREMAN. Murder.
CLERK WORTHINGTON. In the first degree.
THE FOREMAN. In the first degree.
CLERK WORTHINGTON. Upon each indictment?
THE FOREMAN. Yes, sir.
CLERK WORTHINGTON. Bartolomeo Vanzetti. Hold up your right hand. Look upon the Foreman. Mr. Foreman, look upon the prisoner. What say you, Mr. Foreman, is Bartolomeo guilty or not guilty of murder?
THE FOREMAN. Guilty.
CLERK WORTHINGTON. In the first degree, upon each indictment?
THE FOREMAN. In the first degree.
CLERK WOIZTIIINGTON. Hearken to your verdicts as the Court has recorded them. You, gentlemen, upon your oath, say that Nicola Sacco and Bartolomeo Vanzetti is each guilty of murder in the first degree upon each indictment. So say you, Mr. Foreman. So, gentlemen, you all say.
THE JURY. We do, we do, we do.
THE COURT: (To the jury) I can add nothing to what I said this morning, gentlemen, except again to express to you the gratitude of the Commonwealth for the service that you have rendered. You may now go to your homes, from which you have been absent for nearly seven weeks. The Court will now adjourn.
DEFENDANT SACCO. They kill an innocent men. They kill two innocent men.
THE COURT: (After conferring with counsel). The time is extended until whatever time he wants, to which extension the District Attorney gives his consent,---November lst.
(The Court is adjourned.)