3. Pelzer, a young shoe-cutter, swore that when he heard the shooting he pulled up his window, took a glance at the scene, and saw the man who murdered Berardelli:—
Q. How long did you stay in the window? A. Oh, about,—I would say about a minute. * * *
Q. Then what did you do? A. I seen everything happen about that time, about in a minute. (R. 157.)
This was the foundation for the following identification:—
Q. Do you see in the court room the man you saw shooting Berardelli that day? A. Well, I wouldn't say it was him but he is a dead image of him.
Witness points out Mr. Sacco.
Q. Have you seen him since that time until you saw him in the court room? A. No, sir.
Witness was shown picture of him by Mr. Williams today.
Q. You say you wouldn't say it is him, but he is the dead image of him? What do you mean by that? A. Well, he has got the same appearance. (R. 155.)
On cross-examination Pelzer admitted that immediately after Sacco's arrest, on May 6 or 7, he was unable to make any identification:—
I did not see enough to be able to identify anybody. (R. 175.)
Pelzer's inability in May 1920 to make the identification which he did make in June 1921 was confirmed by three fellow workmen, at work in the same room on the day of the murder. Two of them testified that instead of pulling up the window he took shelter under a bench, and the third added:—
