The trial may well have been more unfair than seems apparent

Transcriber’s Note

Italic text displayed as: _italic_

TRAGEDY IN DEDHAM

_In his Ingersoll Lecture at Harvard,

Lowes Dickinson inquired,

“Is immortality desirable?”

I almost think it is,

if only to get at the truth

of the Sacco-Vanzetti case._

—FERRIS GREENSLET

TRAGEDY

IN DEDHAM

THE STORY OF THE

SACCO-VANZETTI CASE

_Francis Russell_

NEW YORK / TORONTO / LONDON McGRAW-HILL BOOK COMPANY, INC.

TRAGEDY IN DEDHAM

COPYRIGHT © 1962 BY FRANCIS RUSSELL.

PRINTED IN THE UNITED STATES OF AMERICA.

ALL RIGHTS RESERVED. THIS BOOK OR PARTS THEREOF

MAY NOT BE REPRODUCED IN ANY FORM WITHOUT

WRITTEN PERMISSION OF THE PUBLISHER.

_Library of Congress Catalog Card Number_: 62-13822

54340

CONTENTS

CHRONOLOGY vii

MAPS xii

ONE THE TRAGEDY IN DEDHAM 1

TWO HISTORY,

WRITTEN AND OTHERWISE 10

THREE APRIL 15, 1920 28

FOUR BRIDGEWATER

AND WEST BRIDGEWATER 49

FIVE THE NIGHT OF MAY 5 60

SIX THE MEN AND THE TIMES 71

SEVEN THE PLYMOUTH TRIAL 93

EIGHT THE YEAR BETWEEN 107

NINE THE TRIAL—I 129

TEN THE TRIAL—II 158

ELEVEN THE TRIAL—III 176

TWELVE POST-TRIAL—I 216

THIRTEEN POST-TRIAL—II 237

FOURTEEN THE CONFESSIONS 270

FIFTEEN MORE HISTORY,

WRITTEN AND OTHERWISE 302

SIXTEEN 1926 326

SEVENTEEN 1927 349

EIGHTEEN THE PUBLIC

AND THE LOWELL COMMITTEE 380

NINETEEN AUGUST 1927 404

TWENTY AFTERMATH 451

SOURCES

AND ACKNOWLEDGMENTS 467

INDEX 471

CHRONOLOGY

1919

June 2. Attorney General Palmer’s house bombed,

Washington, D.C.

November 7. First of the Palmer Red raids.

November 23. Buick belonging to F. J. Murphy stolen

in Needham.

December 22. License plates stolen from Hassam’s garage,

Needham.

December 24. Bridgewater holdup.

1920

January 2. Red raids in thirty-three cities.

January 6-7. License plates stolen from car, Needham.

February 25. Elia and Salsedo detained in New York

by Department of Justice.

April 15. Holdup and murders in South Braintree.

April 17. Discovery of abandoned Murphy Buick.

April 20. Stewart interviews Boda.

April 25. Vanzetti goes to New York.

May 5. Sacco and Vanzetti arrested.

May 6. Orciani arrested. Katzmann questions

Sacco and Vanzetti. Sacco’s preliminary

hearing on South Braintree charge.

May 11. Orciani released.

May 18. Vanzetti’s preliminary hearing on South

Braintree charge.

June 11. Vanzetti indicted for Bridgewater

holdup.

June 22-July 1. Vanzetti tried for Bridgewater holdup.

August 16. Vanzetti sentenced.

August 19. Fred Moore takes up defense of Sacco

and Vanzetti.

September 16. Wall Street bomb explosion.

1921

January. Negotiations between Angelina DeFalco

and Defense Committee.

May 31-July 14. Trial of Sacco and Vanzetti.

October. Mass demonstrations in Europe against

verdict.

October 29, November 5. Motion for new trial argued.

November 8. First supplementary (Ripley) motion

filed.

December 24. Thayer denies motion for new trial.

1922

May 4. Second supplementary (Gould-Pelser)

motion filed.

July 22. Third supplementary (Goodridge) motion

filed.

September 11. Fourth supplementary (Andrews) motion

filed.

1923

March 8. William Thompson agrees to argue supplementary

motions.

April 23. Sacco committed to Bridgewater State

Hospital for the Criminally Insane.

April 30. Fifth supplementary (Hamilton-Proctor)

motion filed.

September 29. Sacco discharged from Bridgewater

Hospital.

October 1-November 8. Hearings on the supplementary motions.

1924

August. Moore withdraws from case.

October 1. Thayer denies all five supplementary

motions.

1925

January 2-May 28. Vanzetti committed to Bridgewater

Hospital.

June. International Labor Defense takes up

case.

November 18. Madeiros confesses.

1926

February. Renewed demonstrations overseas.

May 12. Massachusetts Supreme Judicial Court

rejects Thompson’s appeal from Thayer’s

denial of the supplementary motions;

convictions of Sacco and Vanzetti confirmed.

May 15-20. Madeiros’ second trial.

May 22. Herbert Ehrmann finds trail of Morelli

gang.

May 26. Motion based on Madeiros confession

filed.

June 2. Samuel Johnson’s house bombed.

September 13-17. Thompson argues Madeiros motion before

Thayer.

October 23. Thayer denies Madeiros motion.

1927

January 27,28. Thompson appeals Thayer’s denial of

October 23 to Massachusetts Supreme

Judicial Court.

March. Frankfurter’s _Atlantic Monthly_ article.

April 5. Supreme Court affirms Thayer’s denial of

October 23.

April 9. Sacco and Vanzetti sentenced.

May 4. Governor Fuller receives Vanzetti’s clemency

petition.

June 1. Fuller appoints Advisory (“Lowell”)

Committee.

June 3. Calvin Goddard tests shells and bullets.

July 27. Lowell Committee reports findings to

Governor Fuller.

August 3. Fuller refuses clemency.

August 5. Bombings in New York, Philadelphia,

Baltimore.

August 7. Lowell Committee report made public.

August 15. Juror McHardy’s house dynamited.

August 23. Madeiros, Sacco, and Vanzetti executed.

1932

September 27. Thayer’s house bombed.

1959

April 2. Massachusetts Legislature Committee

hearing on posthumous pardon for Sacco

and Vanzetti.

1961

October 11. Re-examination of ballistics evidence by

Jac Weller and Frank Jury.

[Illustration:

BEFORE THE SHOOTING:

1 Neal

2 Tracey

3 Heron

4 Novelli

5 Behrsin

DURING THE SHOOTING:

6 Where Buick waited

7 Where Berardelli fell

8 Where Parmenter fell

9 Bostock

10 Wade

11 Nichols

12 McGlone

13 Langlois

14 Pelser

15 Liscomb

16 Laborers at excavation

AFTER THE SHOOTING:

17 Kennedy, Hayes

18 Splaine, Devlin

19 Carrigan

20 Pierce, Ferguson

21 Levangie

22 Workers on railroad

23 Gould

24 Burke

25 DeBeradinis

26 Goodridge

27 Damato

]

[Illustration: Brockton map]

CHAPTER ONE

THE TRAGEDY IN DEDHAM

The case of Sacco and Vanzetti, which began as the prosecution for

a commonplace if brutal murder, developed gradually into one of the

world’s great trials. In the end it was much more than a trial. It

became one of those events that divide a society. Although the issues

that it raised have been overlaid by war and political events, they

never wholly die. Even today middle-aged men and women, hearing by

some chance the names Sacco and Vanzetti, still find themselves

stirred by the passion and violence of their younger days. Sacco and

Vanzetti have become a symbol, and, like all symbols, the meaning

varies with those who adopt it.

I myself do not have any memory of the trial, being then in the

sixth grade of the Boston public schools, but I do remember from my

eighteenth year the agitation and excitement of those summer weeks

in 1927 preceding the two men’s execution. The day they were to die

I spent the better part of the afternoon walking over Beacon Hill

and across the Common in the muted August sunshine. Police were

everywhere, hard-faced and angry, some of them carrying rifles—a

thing I had never seen before. Pickets with placards marched up and

down before the Bulfinch façade of the State House. Periodically the

police carted groups of them away in a patrol wagon to the Joy Street

Station. Almost at once their places were filled by others. Buses

kept arriving from New York hung with signs proclaiming SACCO AND

VANZETTI MUST NOT DIE! and trailing red paper streamers. As the buses

pulled into Park Square those inside began to sing “The Red Flag.”

They looked like foreigners, most of them. I did not like their

looks. I sensed in myself the hostility of the bourgeois world toward

those two men. In spite of any pickets and red-streamered buses from

New York, I knew that they were going to die that night. As I walked

under the lindens on the Tremont Street side of the Frog Pond I felt

a sense of oneness with the community that was asserting itself. I

was glad Sacco and Vanzetti were going to die.

It never occurred to me that they might be innocent. In the

shabby-genteel private school I went to in Roxbury none of the

masters would have dreamt of such a thing. We took our opinions

from them and from our parents. The father of one of my classmates

was Reporter of Decisions of the Massachusetts Supreme Court. He

published in 1927 a much-approved pamphlet on the trial in which

he demonstrated the quasi-divine status of Massachusetts justice,

a status that made even the appointment of the Lowell Committee to

investigate the case a reflection on the Commonwealth’s judicial

system. According to the reporter, that system, sanctified by the

past, could not err. Such a conservative position was common enough

in Massachusetts then. Nor did it change. Thirty years later the

reporter still listed his pamphlet in _Who’s Who_ as his single

literary accomplishment.

By and large one’s view of the case depended on one’s status in

the community. If one was middle-class and Republican and read the

_Herald_ mornings and the _Transcript_ nights, one thought Sacco and

Vanzetti guilty. Any latent doubts subsided after President Lowell

of Harvard issued his report. But if one was a university liberal,

one tended to think the trial unfair, and if one read the _Nation_ or

_New Republic_ one was sure they were innocent.

My father was a lawyer and a Republican. He believed the two men

guilty not from any particular study of the trial itself but because

of his acquaintance with Captain Van Amburgh, a ballistics expert who

testified at the trial. Van Amburgh, through laboratory examinations,

was certain that one of the recovered murder bullets had been fired

from Sacco’s gun. This convinced my father, although—as it came out

later—it never convinced Captain Proctor of the State Police.

My Aunt Amy, who was a social worker and lived in the Elizabeth

Peabody House, was equally convinced of the two men’s innocence. This

again was not from studying the evidence—it was simply the way one

had to feel if one was a social worker. Nobody could have continued

to stay at the Elizabeth Peabody House who felt otherwise—not that

such a person would ever have been there in the first place. One of

the proud moments of Aunt Amy’s life was when she was arrested for

picketing the State House and taken away in a patrol wagon. I think

she was almost disappointed that the policeman who arrested her was

so courteous about it.

I do not know when my views about Sacco and Vanzetti changed. It must

have been sometime in the thirties, when I happened to read a book

of their letters. Those letters were just not congruous with the

sordid and mercenary Braintree murders. As to the question, Who were

the murderers if Sacco and Vanzetti were not? I thought I found that

answered later by one of their counsel, Herbert Ehrmann, whose book

_The Untried Case_ seemed to prove that the men who did the killing

were from the Morelli Gang of Providence. If one accepted that

explanation, reinforced by other evidence as time went on, everything

apparently fitted together. One of the Morellis looked enough like

Sacco to have been his brother.

Dedham, where the trial took place, is a colonial backwater. For

the most part it is a mill town stretched along the loops of the

Charles River, but the older section near the High—not Main—Street

is a well-preserved relic, with spacious frame houses of the

mid-eighteenth century and later and more grandiloquent mansions

of the century’s end. The courthouse, built in 1827, is a stone

building with massive Greek-revival columns. Its Roman dome, soberly

proportioned to the columns, is the most conspicuous object in

Dedham. From the flat country beyond the river it looms above the

elms, flanked by white meeting-house spires, a symbol of authority.

Almost always when I see the great dome so secure above the peaceful

community I find myself thinking back to the Sacco-Vanzetti trial.

Whatever one’s feelings about the trial, its presence still seems

tangible in the courthouse and the High Street.

I felt the presence in 1953, thirty-two years after the trial, when

I was called on to serve for a month as a juror in the same paneled

room where Sacco and Vanzetti were tried and found guilty and,

after all the exceptions and delays, were sentenced to death six

years later. Scarcely a day of that month passed but there was some

reference to the case.

Sometimes during the lunch hour one of us would ask the old sheriff

about the trial. In his blue serge cutaway he had served the

Dedham court for forty years. For him the law revealed there was

majestically certain. I do not think he ever entertained the idea

that it might err or that the Sacco-Vanzetti decision might have been

unjust. To think this would have been to challenge the things that

had become part of him—his engraved brass buttons, his white mace

with the blue state seal on it. His office did not, however, keep

him from having his personal feelings. He had come to like Sacco and

Vanzetti. “They were good boys,” he told us. “I knew Nick best, but

they were both good boys. Never any trouble.”

At the end of the afternoon session he occasionally took a few of

us through the jail, two streets away, and—after showing us the

reception hall and the dining room and the laundry—he would point out

the cells Sacco and Vanzetti had occupied. “I was in the court,” he

told us one afternoon, “that day when Judge Thayer sentenced them.

Vanzetti made his speech first, that long speech—maybe you heard

about it. And all the time he was talking Judge Thayer just sat there

with his chin in his hand looking down at his desk. Never moved. But

when Vanzetti finished, then he let him have it.”

On our way into the courtroom we would pass the prisoners’ cage, used

in all Dedham murder trials. In this cage Sacco and Vanzetti had sat.

The cage is often mentioned in the literature of the case, as if the

men had been exhibited in court like monkeys in a zoo. But in spite

of its name the cage is no cage at all. It is a topless enclosure of

metal lattice about three feet high in front, rising to five feet in

the back. Except for its symbolism there is nothing very formidable

about it.

I was on a civil jury. Most of our cases concerned personal injuries.

One of our last, involving a woman who had cut her leg in the door

of a car, made the courtroom buzz as the lawyer for the plaintiff

appeared. The clerk came over to the rail and muttered something to

our foreman.

The lawyer was a portly man in his seventies, with a manner so

assured that it was almost contemptuous. He was nearly bald, his

face florid, with the flesh sagging under the cheeks. Behind his

rimless spectacles his pale blue eyes watered. He was dressed with

the conservatism of a Boston banker, wearing a hard-woven worsted

suit cut in characteristic pear-shaped style. Two points of a linen

handkerchief projected sharply from his breast pocket. His shoes

were of Scotch grain. His voice was upper-class Bostonian—with that

elastic prolongation of the vowel sounds that has come to be known as

the Harvard accent. As soon as he opened his argument he lapsed into

Victorian rhetoric.

The clerk’s remark was passed along the jury box. The man next to me

nudged my elbow. “That’s Katzmann,” he said, “the fellow that got

Sacco and Vanzetti.”

He seemed a culmination of the ghosts of the month. There he was

again, in Judge Webster Thayer’s old courtroom, at the scene of his

triumph of a generation before. As he faced us, spinning polysyllabic

phrases out of nothing, I tried to form an impression of him divorced

altogether from the Sacco-Vanzetti case. If I had seen him only at

that moment, I should have thought him empty and pompous, but I

should also have admitted his basic honesty.

He died the following autumn. Some months later I talked with a judge

who had known Katzmann. When I told about seeing him at Dedham he

asked me my opinion of the man. I said he was verbose, third-rate,

not wholly grammatical. He laughed. “That describes most of us

lawyers,” he said. “As for Katzmann, he was average—an average

district attorney, a little tricky like most of them, but no worse

than most out to get a conviction. He thought Sacco and Vanzetti were

guilty. I’m sure he never changed his mind.”

Four decades have passed since the trial. Judge Thayer, Katzmann,

President Lowell, Governor Fuller, and most of the jurors and

witnesses are dead. What remains out of this shadowed past? Beyond

all else, doubt. Refusing to face this doubt, the two sides became

irreconcilable. One side felt, as did the court reporter in his

pamphlet, that anything less than the execution of Sacco and Vanzetti

would undermine the Massachusetts judiciary. The other side demanded

that the whole proceedings of Judge Thayer’s court be repudiated.

There should have been some middle way out, some face-saving formula

that would at least have pacified if not contented the reporter and

his kind and yet given the men their lives. Whatever the defense’s

private opinion of Judge Thayer, it would have been better to

have said less about him and to have concentrated on the evidence

discovered after the trial. That this evidence changed nothing was

preeminently the responsibility of President Lowell. Working as he

did in private with his committee, unhampered by the strict rules of

legal evidence, he had the opportunity to examine all the facts. A

word from him, an indirect indication, and Governor Fuller would have

stayed the death sentences and ordered a new trial.

Governor Fuller, of course, took his cue from the Lowell Report. If

he, the parvenu, had not been so in awe of Lowell and the Back Bay

ascendancy he represented, perhaps he would have acted otherwise. His

jail meetings with Sacco and Vanzetti are said to have been friendly.

Once or twice a year in the decade after World War II, going into the

State Street Trust Building, I used to see Fuller. The doorman would

see him first and swing the door open with a ringing “Good morning,

Governor.” I could slip through in the eddy. The old financial

clipper would billow ahead of me under full sail. Self-esteem carried

him along like a favoring wind. His was the pride of manner that had

reached its goal. An Alger story of the new century. From a Malden

bicycle shop to the head of the Packard agency for New England when

Packard was the Rolls-Royce of America. A mansion on the water side

of Beacon Street hung with Gainsboroughs and Romneys and Raeburns.

That was the first stage. Then the governorship. And when Packard

slipped in the Depression, the ex-governor sensed the moment of ebb

and shifted to Cadillac.

There was a cragginess to his features in age. More and more he came

to resemble the Back Bay Brahmins he so much admired. I suppose

Sacco and Vanzetti, those men whose hands he had shaken so long ago

in the death cells, had become blurred impressions, overlaid by

eighteenth-century paintings and the tailfins of Cadillacs. “Our

reputation is your protection,” said the governor’s used-car ads. Yet

I never saw him sweeping into the State Street Trust but I thought of

his role in the case.

Public opinion in Massachusetts was against Sacco and Vanzetti. To

the community they were two murderers who had been given a fair trial

and every opportunity for appeal afterward. The whole thing had gone

on for much too long. Radicals and anarchists and Communists were

trying to use the case as a lever to pry apart the foundations of law

and order. But Massachusetts was not going to be dictated to by such

people. There might be demonstrations in front of American embassies

throughout the world, there might be more bombs planted in the houses

of those concerned—as had already happened to a witness and one of

the jurors. Nothing like that was going to change the course of

justice! Conservative opinion more and more adopted the point of view

that Sacco and Vanzetti had become a challenge to society that could

be answered only by their deaths.

Literary talent was the forte of the other side. That side consisted

of the literary left, radicals, liberals, Communists, woolly

well-meaning progressives like my Aunt Amy, plus a large scattering

of people who could not be labeled politically but whose sense

of justice had been outraged. Some of these latter were starched

conservatives. The crystallized view of the opposition was that

Sacco and Vanzetti were the victims of a malignant conspiracy.

Neither judge nor district attorney had really believed them guilty

of murder. The trial was a put-up job to get rid of two troublesome

agitators.

For the Communists—to whom this case in its later stages gave their

first opportunity for an international mass appeal—Sacco and Vanzetti

were martyrs of the proletariat, murdered by reactionaries trying to

preserve an unjust social order. Seen from this point of view, two

alien Reds could expect no justice from a Massachusetts court or a

Dedham jury.

During my month in Dedham I used to wonder about that earlier jury.

Drawn in much the same way that we were, the jurors could not have

been so very different from ourselves. And what were we? Some middle

class, some working class, a few of us stupid, a few opinionated,

but most of us reasonable enough to weigh an issue. At least we

tried to overcome our prejudices. The jury I sat on would have been

prejudiced against Reds, but it would not have convicted a Communist

on a capital charge because of his political beliefs. It did not seem

to me the Sacco-Vanzetti jury could have been otherwise. Granted even

that the foreman was prejudiced, some of the others would have stood

out against injustice. I felt sure that when the jurors decided that

Sacco and Vanzetti were guilty, it was because they were convinced

that they were guilty of murder.

Thinking of the great trial, I found myself wondering how I should

have voted, had I been on that jury. As soon as I had the time I read

the transcript of the record. Much it could not offer—the atmosphere

of the court, with its tensions, the appearance of the witnesses

and the defendants, the subtleties that could be gathered from a

tone of voice but could not be preserved in black and white. Yet the

substance, the prime matter of the trial, endured, each word spoken

during that six weeks pressed and dried between the now-yellowing

pages. As the inchoate mass gradually took shape for me, I tried to

disavow any preconceptions, to imagine myself in the jury box at

Dedham occupied solely with the question of whether two men murdered

two other men, and knowing no more about it in advance than the

evidence offered. How should I have judged?

I knew one thing—that I should have disregarded the testimony of the

experts. My month had taught me that. Experts canceled each other out

as the paid bias of either side, and a jury then decided on other

grounds. The real grounds in this case were the half-dozen or so

witnesses who identified Sacco—and to a lesser extent Vanzetti—as

being at or near the scene of the murder on that April day. In

opposition to them were an equal number of witnesses who testified

that these two were not the men. It was a question finally of which

group to believe. The weakest part of the Commonwealth’s case was

that it never established an adequate motive for the crime.

On the other hand Sacco and Vanzetti were armed the night the police

picked them up, Sacco with an automatic of the type that fired the

murder bullet, Vanzetti with a revolver that might have been taken

from the murdered guard. This was the most damaging evidence against

them. Sacco maintained that he had tucked his gun inside his belt

that afternoon and forgotten about it. Vanzetti said that he carried

his for protection. Both statements may have been true. Often the

lame excuse is the truthful one. Yet here were two philosophical

anarchists who maintained that the use of force was never justified,

not even for the advancement of their beliefs, who boasted that they

had never shed blood, but when they were picked up, they had on them

weapons of force. If they had not been armed the chances are they

would never have been tried.

The trial may well have been more unfair than seems apparent in the

record. There the most glaring fault is the district attorney’s

harrying interrogation of the two men as to their beliefs, their

lack of patriotism, and their reasons for running away to avoid the

draft. The impropriety stares out of the printed page. Here certainly

was error, yet I cannot believe that this was primary in the

jury’s verdict. On the other hand, the judge’s charge, which Felix

Frankfurter so condemned, seems reasonable enough in cold print. I

was finally left with the feeling that if I had been on the original

jury, I should have voted with the others. Yet I was not really

certain.

Looked back at over the lapse of years, the case of Sacco and

Vanzetti becomes a tragedy in the classical sense. It was no

melodrama, as many have seen it, with good neatly divided from

evil. Katzmann was as sharp as most district attorneys out for a

conviction, a limited man but not a bad one. Judge Thayer could

not hide the bias of his obsessions. He was indiscreet and he was

weak, but he made an effort to conduct the trial fairly. Both he and

Katzmann believed to their dying day that Sacco and Vanzetti were

guilty.

It was not a conspiracy of evil men against noble men, as Maxwell

Anderson saw it in his play _Gods of the Lightning_. There was

something more, something deeper and more embracing in the case. It

was in fact fate that was the mover behind the events at the Dedham

courthouse in the spring of 1921. And it was fate in the ironic Greek

sense, dwarfing all the participants, ending in inexorable disaster.

Sacco and Vanzetti were figures of Greek tragedy: the doomed king’s

son becomes in modern dress two Italian workmen. Fate lurks behind

them at each step. Sacco scarcely misses a day at his factory except

the day of the murders. If he had missed any other day, the factory

records would have been his alibi. Without him it is agreed that

Vanzetti could not have been convicted. Fate engineered the almost

accidental arrest of the two men as they were riding on the Brockton

streetcar. But for fate, Sacco would have been off to his native

country in three days.

And as in Greek tragedy the hero condemns himself unknowingly in his

own words, is doomed by his own inner weakness, so in the end are

Sacco and Vanzetti doomed by theirs. The men of peace go armed. Fate

plus human weakness—that is the basis of high tragedy, a tragedy such

as theirs that they played out to the end with bravery and dignity.

It was a tragedy for everyone concerned with the case, and in the end

it is best accepted so, as it was by the Greeks.

CHAPTER TWO

HISTORY, WRITTEN AND OTHERWISE

Walking up State Street a third of a century after the executions,

on another August afternoon, I wondered again about the enigma of

the case. The whole drama had been played out within twenty miles of

here: in South Braintree, in Bridgewater, in sedate Dedham, in the

gilt-domed State House beyond the Common, and finally just across

Prison Point Bridge in the granite fortress of the now-demolished

state prison. Would it ever become as clear-cut as the Dreyfus

affair, where everyone was at last satisfied of the grossness of

the injustice done? That still seemed unlikely. In 1950 the seven

surviving jury members were interviewed as to their later opinions.

The decades had only confirmed their belief in the rightness of

their verdict. In 1959 a judiciary committee of the Massachusetts

legislature had refused to consider granting Sacco and Vanzetti a

posthumous pardon.

Where the past is reduced to shelves of documents in a library it

becomes manageable enough for the scholar or historian to make

his evaluation. But where it is still an actual present in the

contradictory minds of living men, what yardstick can one use except

that of preconceptions? Was the chief of police who arrested Sacco

and Vanzetti a forger of evidence? Did their first lawyers betray

them? Was the district attorney a barrator with his hand out under

the table? Was the judge mad? Was President Lowell of Harvard a

Yankee bigot? Many upright men had maintained these things. Were

Sacco and Vanzetti quietistic anarchists, or did they believe in the

politics of the deed?

Boston seemed downcast, heatstruck. The Old State House at the head

of State Street had, I noticed, been steam-cleaned, and the clock

over the balcony had been replaced by a more authentic sundial. As I

reached the subway entrance under the ancient foundations, an eddy

of heat snapped in my face like a dirty towel. At that moment a herd

of tourists following the Freedom Trail had paused at Point 9 to get

Freedom Stamps from the slot machine for their souvenir albums. A

shiny-faced man in a Hawaiian sport shirt was maneuvering against

the sun to get a photograph of the lion-and-unicorn supports on the

Old State House facade, no doubt thinking they went back to 1776

instead of merely to a twentieth-century Armenian tinsmith’s shop.

Watching the tourists, I felt I ought to have some sort of souvenir

book myself to paste with self-congratulatory stamps for interviewing

people on an afternoon like this.

My first call was on a corporation lawyer who had spent years

writing a book to prove that Sacco and Vanzetti were guilty. His

firm, occupying the sixth floor of a large old-fashioned building

on Federal Street, was ostentatiously shabby with a well-preserved

Edwardian décor. A horseshoe-shaped receptionist’s desk dominated an

outer office.

The man in his seventies who showed me into his private office

without shaking hands was less the calcined Boston type than I had

expected. There was a metallic quality about his eroding features.

His wiry gray hair fluffed over the collar of a rumpled white

shirt. He had taken off his coat, exposing waist-high trousers held

up by police galluses. His eyebrows were tufted and he wore round

gold-rimmed spectacles.

“I did not,” he announced, “like the tone of your Sacco-Vanzetti

article in _American Heritage_ at all. Nevertheless I am willing to

see you. What is it you want to know?”

I told him I was trying to write an impartial study of all the events

in the Sacco-Vanzetti case, that I knew he thought they were guilty,

and that I wanted to include his point of view.

His knees creaked a little as he sat down opposite me. A smile broke

through his clouded face. “If you want to write a book like your

article you could probably finish it in four or five months; but

if you really want to be honest, it will take you two years just

to do the preliminary reading. The fundamental thing is to make

the proper comparisons between the trial record and that of the

governor’s committee. Of course if you tell the truth you’ll never

find a publisher. Because if you really go into the case you can only

conclude that those two Italians were guilty. And you’ll never get a

hearing on that. Why? Because their innocence has become a liberal

trademark. There has never been any real doubt about this case among

those who know about it. It was just used by people—by the anarchists

and that radical lawyer of theirs and then the Communists.

“The case was open and shut. Everyone at the Dedham trial was

convinced they were guilty, except a few old women social workers

and Frank Sibley of the _Globe_. Sacco and Vanzetti said the night

they were arrested they were out to pick up anarchist literature

from their friends because they were afraid of the Department of

Justice raids. That was May fifth, though. All those anarchists knew

beforehand that the raids were going to take place on May first. No,

they weren’t out to pick up their anarchist papers that night. They

were going to Bridgewater with guns on them to get a car because they

knew that next day was payday at the factories. They needed money for

the defense of their comrade Elia in New York, and they were going to

get it in the only way they knew.”

I said that I could not imagine why, if a man had shot someone, he

would be foolish enough to have the murder weapon in his belt three

weeks later. Any sensible murderer would have thrown the gun away.

“Ordinarily, yes,” he went on, “but they had those guns on them

very simply because they needed them, because they were planning a

robbery next day. That radical business was an excuse they concocted

afterward—and don’t forget it was the defense that introduced

anarchism into the case. During the trial they had some Italian

professor from the North End testify that he had seen Sacco in town

the day of the South Braintree murders and that Sacco had left him to

go to the Italian Consulate. But it took him over a year to tell that

tale. If, as soon as he’d heard Sacco was arrested, this man had gone

to Katzmann and told him he’d been with Sacco that day, then they

could have gone directly to the Italian consul. And if the consul had

confirmed the story, that would have been the end of the case. But

they didn’t because they couldn’t fake that fast, because the whole

alibi was something they concocted months afterward.”

“Moore, their counsel, knew they were guilty. He was just in it

for the money. Why, all in all they collected a third of a million

dollars for their defense fund. They say that Italian anarchist

printer fellow who organized it made himself a small fortune. Moore

finally had to quit the case or they’d have arrested him for perjury.

He chased one witness, that poor fellow Goodridge, to Maine after the

trial and pretended he was going to have him arrested if he didn’t

change his testimony. The Andrews woman from Quincy who identified

Sacco—he had her beaten up. Orciani—the third one they arrested—he

probably was the one who did it. Orciani had a time-clock alibi for

the day of the robbery so they couldn’t touch him, but you know it’s

easy enough to get some other man to punch your time card. He was in

the court for the early part of the trial. He was the one the defense

said sold the gun to Vanzetti, but Moore could never get him to

testify. That was the way it was all through with the defense—lies,

cheating, evasion.”

I mentioned that some of the prosecution witnesses had changed their

stories several times between the preliminary hearing and the Dedham

trial.

“Sacco and Vanzetti weren’t convicted on the testimony of the

witnesses,” he said. “It was the evidence of the bullets that

convicted them. Some of the bullets they found on Sacco were so

obsolete that the State Police experts couldn’t find any duplicates

when they wanted to make firing tests. Yet the same kind of obsolete

bullet was found in the guard’s body. As far as witnesses go, you

may not be able to describe a man properly but if you see him again

you’ll recognize him. Could you describe our receptionist now?”

I had to admit that I could not.

“Yet you just talked with her. But if you went out there you would

know if another girl had taken her place. You see!”

He paused and I could hear the squeak of his swivel chair. “Maxwell

Anderson wrote a play about the case just after the executions. He

had dinner with me afterward and I told him he was barking up the

wrong tree. I explained why, and I think I convinced him. Then he

wrote _Winterset_, and in that he saw the case quite differently.

To my mind the greatest wrong, the greatest injustice in the whole

trial, was done to Webster Thayer. He was an upstanding man, and they

took years off his life. The trial grew to be an obsession with him

later, but it’s small wonder the way he was threatened. He once told

me that every day at noon he telephoned home to see if his house was

all right, and every day he felt sick inside thinking it might be

blown up. You remember they finally did dynamite it.

“One of the jurors, Dever, became a lawyer afterward and he wrote an

account of his experiences during the trial. Simon and Schuster would

have published it. They found it all very interesting, if he’d only

put in a happy ending: tell how he changed his original opinion and

decided they were innocent. But Dever wouldn’t do it, so he never did

find a publisher. That’s the situation I’ve been up against. That’s

what you’ll face if you’re honest. It’ll take you five years, and

you’ll come up against a stone wall.”

He stood up abruptly and stalked to a table on which were two piles

of manuscript, each over a foot high. “Here’s my answer,” he said,

patting them. “This is my book on the case, the definitive answer.

But do you think any publisher will touch it? Of course not. Can’t

you imagine what the _Times_ and the _Herald Trib_ and the _Saturday

Review_ would say to anything like this?”

The chapters of the book were bound separately. He let me leaf

through the one on the ballistics testimony while he moved over to a

row of filing cabinets labeled S-V. “Look,” he said, rolling open the

drawers one after another. “That’s the raw material. It would take

you years to get all that together, years. Much of it’s not even in

the record. There’s the report from the Attorney General’s office,

for example—never been released. I can’t even tell you how I got it.

“You aren’t a lawyer, your mind isn’t trained to evaluate,” he said,

leading me out to the elevator. “If you’ll take my advice, kindly

meant, just give up the whole business.”

When I stepped from the air-conditioned building onto sun-baked

Federal Street the city growled. The sky beyond Post Office Square

looked rancid. I remembered the World War II British Army expression

for accumulated paperwork: _bumf_. Those tight-packed filing cabinets

with their formidable accumulation of details were bumf. The

transcript of the record itself ran to over six thousand pages, and

on top of this was enough additional bumf to bury me.

My next call was to be on Aldino Felicani, the man the lawyer

had dismissed as “that Italian anarchist printer fellow.” An

extraordinary old man, Felicani. The organizer of the Sacco-Vanzetti

Defense Committee, he seemed so much a part of the past that I could

never quite get used to the idea of his still being around. He was

an anachronism. Whenever I saw him in public he wore the red shirt,

the black Latin Quarter tie, and the wide-brimmed hat that had been

the anarchist uniform in Bakunin’s time. So I had seen him last at

the legislature’s Judiciary Committee hearing for a posthumous pardon

for Sacco and Vanzetti. As I watched him listening to the proceedings

I thought of the charge Vanzetti had given him: “Avenge our blood!

Clear our names!” I had heard Felicani repeat it many times in his

heavy accent.

Sacco and Vanzetti had about as much chance of getting a pardon from

that legislative committee as Benedict Arnold. The gum-chewing

faces behind the oak desks in the State House’s Gardner Auditorium

were implacable. When my father had been in the legislature during

World War I, the characteristic member had been a lawyer, Republican,

middle- to upper-class, interested more in maintaining the _status

quo_ than in himself. In 1959 the social revolution of forty years

was apparent enough in these lower-middle-class legislators whose

interest was mainly in keeping their feet in the trough.

Yet from these men representing a new emergent class I should somehow

have expected more charity for the two dead Italians. Instead

there was entrenched hatred, concentrating in the chairman as he

interrogated Judge Musmanno.

Justice Michael Musmanno of the Supreme Court of Pennsylvania, one

of Sacco and Vanzetti’s final counsel, was the main speaker in favor

of the committee’s bill. Silver-maned and silver-tongued, he unwound

reels of words until he was stopped by the chairman’s hard voice. The

latter had the features of the ur-Celt: savage blue eyes, gray shaggy

hair looped over the back of his collar like an old-time United

States senator.

“Look, Judge, why did Vanzetti have the loaded revolver on him, and

a pocketful of slugs that fit it and why did he go for it when the

police grabbed him?”

Musmanno tried to explain that carrying revolvers was then a common

custom in America, especially among Italians, and that it was a right

guaranteed by the Constitution. The chairman’s voice, burred as a

cat’s tongue, broke in.

“You mean to tell me that the district attorney, the judge, the

jury, the governor, the president of Harvard, the Supreme Court of

Massachusetts, the Supreme Court of the United States—they’re all

wrong and you’re right?”

Musmanno maintained that this was just what he was trying to tell

him. Applause from the audience, in which I saw old Felicani join,

brought the familiar threat to have the hall cleared. That audience

was a curious conglomeration of the elderly, a scattering of

students, and a cluster of beatniks at the side in beards and blue

denims tied up with rope.

The elderly were survivors of an old storm, their eccentricities

accentuated by age, the crackpot label attached to their clothes,

their hats, their gestures. Emotionally they were drawn to lost

causes, and here they gathered again like old soldiers at a reunion.

The Sacco-Vanzetti case with its drawn-out tragic climax had been

for them a generation ago a self-fulfillment in indignation that

they were now reliving. At one point a woman near the exit caused a

stir, almost a suspension of the hearing, by holding up Sacco’s and

Vanzetti’s death masks.

* * * * *

Felicani’s Excelsior Press was on the ground floor of a decrepit

building near the foot of Milk Street under the shadow of the new

John F. “Honey” Fitzgerald Expressway where the business district

fringes into the Italian North End. Every time I saw the large red

and green linoleum squares on the floor of that familiar little

office I thought back to the hopscotch games of my childhood. The

walls were of pebbled tin sheeting painted with mauve Chemtone.

Next to Felicani’s desk was a pay telephone and just above it an

oak-framed clock, invariably six minutes fast. On top of a filing

cabinet next to a spindly philodendron plant was a plaster bust of

the dead anarchist leader, Carlo Tresca.

I was glad to find the old man there on this hot August afternoon.

A man who towered in any crowd and looked more like a viking than a

Latin, he was wearing a brightly patterned sport shirt. His gray eyes

peered with astigmatic blankness until he recognized me and smiled. I

told him of the mass of bumf I had just encountered.

“Yes,” he said, offering me a chair, “but what were they, those

papers? I have almost as many papers myself. If your lawyer’s wrong

at the start, it doesn’t matter how many files he has. There are not

many of us left from those days, the ones who really knew.”

I asked Felicani what he had done immediately after the two men’s

arrest. He thought for a moment.

“It’s strange,” he said. “When you begin to think, then all the

memories come back, just as clearly as if it all happened yesterday.

I knew Vanzetti best. He was one of my closest friends. As soon as he

was arrested he got word to me and I got the others together. We went

to see them at the Brockton police station. We raised money—two or

three dollars here, another dollar there. It’s all down in writing,

every penny. Then, at the first trial for the Bridgewater holdup,

Thayer gave Vanzetti twelve to fourteen years. When Tresca heard

that he came on from New York. ‘What is going on here?’ he asked us.

‘Fourteen years? Is that what you do?’ So then he got Moore, the

lawyer from the Lawrence strike, to come in and take charge of the

case.”

“I know this may be painful to you,” I told him, “but I have

a letter from Upton Sinclair, who talked with Moore after the

executions. Moore told him then—his exact words were: ‘Sacco was

probably, Vanzetti possibly guilty’.”

Felicani’s sport shirt rippled as he shrugged his vast shoulders.

“I’ve heard things of that kind, so many rumors. You know, Sinclair

wrote most of _Boston_ right here in this office. I don’t see why he

didn’t mention it to me. Moore was angry after he left the case. His

anger just got too big.”

I knew that Sacco had come to distrust Moore, but I did not know the

details of Moore’s leaving. Felicani was roundabout in answering me.

“I never say Moore kept money for himself. He was an honest man. But

for all the money you gave him, he wanted more always—for witnesses,

for travels, for new investigations. He had no idea of money. If you

gave him a thousand dollars every other day Moore was all right, but

we didn’t have that much, the committee. Finally I tightened the

purse strings. Then Moore started his own committee to raise money.

That was why he got into a fight with Sacco, how the bitterness

started. That was why we let Moore go and got Thompson.”

His voice was heavy with regret. “Ah, if we had had Thompson from

the beginning, then we would have got them off. When we first went

to him he was cold. He listened to us and he said he’d take the case

for twenty-five thousand dollars. When he started he didn’t know the

difference between an anarchist and a Communist. You could tell that

by an appeal he drew up that Vanzetti corrected. After he talked for

some time with Vanzetti, he understood. It made all the difference.

He took part then as if we were friends. A wonderful man, Thompson.

An aristocrat, the way the word should mean. He would have made

mincemeat of a man like Katzmann, if only we’d had him instead of

Moore.”

One thing I had been wanting to ask was about the various bombings

connected with the case. Would he agree that anarchists had been

responsible for them? Sacco and Vanzetti themselves were said to have

been philosophical anarchists, as opposed to violence as Tolstoy was.

But where did the dividing line come?

Felicani stared at me with his guileless eyes. “You know,” he said,

“there are times when a man is so desperate that he will do such a

thing as set off a bomb. When that happens and to what man, I don’t

know. Vanzetti never could have done anything like that—but, yes,

in certain circumstances Sacco might have. That is the type of man

he was. But a holdup murder, to kill innocent men like that? It was

quite impossible.

“Think of the times,” he said, lifting his hands palms upward. “I

carried a pistol in my pocket then. I never fired it, I didn’t

even know how to load it, but it gave me strength to feel it in my

pocket.” He stopped as if he were thinking again of those far-off

days. I watched him, the peaceable elderly printer who had outlived

his party and his time. Where the word _anarchism_ had once aroused

fear, it now brought a kind of nostalgia. Violent some of the

anarchists may have been, but there had been an integrity about them,

a trust in human nature that I could never have. Now here he was,

gnarled and sturdy as an old oak, speaking to me of the lost comrades

of his young manhood.

Afterward, as I walked out into the reverberant street, I felt I had

put the bumf into perspective. I knew it was intuition rather than

reason, that the historical method had fallen by the wayside, yet I

did not see how anyone could spend an afternoon talking with Aldino

Felicani and still feel that Sacco and Vanzetti were guilty. But

that was the difficulty in trying to form any picture of an event by

talking with the survivors. The three principals in the case whom

I had seen in the flesh and who were now dead—District Attorney

Katzmann, Governor Fuller, President Lowell of Harvard—I had judged

harshly. But others I met, whom I had expected to find fools or

knaves, I had found neither.

Among these was Michael Stewart, the Bridgewater police chief whose

suspicions started the events that led to the arrest of Sacco and

Vanzetti. Some time after the trial Stewart had left Bridgewater

to become police chief of Scituate, a seaside town southeast of

Braintree. He had a speech about the case that he liked to deliver

at men’s-club meetings. Now retired, he lived with his son in a

white bungalow near Scituate Harbor. I knew the inside of it well:

the gumwood trim, the nicknacks on the tapestry-brick mantel, the

Child Jesus of Prague under cellophane, the sofa and the overstuffed

chairs. Whenever I rang the bell I could see Stewart through the

glass as he came limping to the door, lame from some old police

injury. There was an unmistakable Celtic look about him from the cut

of his mouth to the blueness of his eyes and the wave to his white

hair.

Never since the night in 1920 that he had driven down to the Brockton

police station to interview Sacco and Vanzetti had he ever had any

doubt about their guilt. To him, it was all very simple. Godless men,

atheists like Sacco and Vanzetti, were capable of any crime. Yet his

relations with them after their arrest were for a period amiable, and

he had liked Vanzetti.

Tragedy in Dedham · 第 1 / 48 段