When Katzmann questioned her, she told him that even before the death

of Sacco’s mother they had been planning to return to Italy. “That’s

why we were saving our money, because we wanted to go across in the

old country, but since the mother died, we hurried more because he

was sorry about his mother died without seeing him.” Sabino’s letter

telling of the mother’s death had arrived March 23 or 24. Thirteen

or fourteen days later Sacco had gone in to the consulate with his

photograph. Katzmann wanted to know how thirteen or fourteen days

after March 24 could make the date April 15. “Well, you count up from

the twenty-third or twenty-fourth of March,” she told him, “and going

to the fifteenth, I says thirteen or fourteen days, and I don’t think

it is much different, because it is over a year he is in prison,

and I don’t remember everything.” Katzmann asked her nothing more.

Sacco’s savings-bank book, introduced as evidence, showed that from

December 9, 1918, he had deposited amounts from $30 to $270 for a

total of about $1500.

The Milford shoe-worker Henry Iacovelli was the last defense witness.

In April 1920 he received a letter from Michael Kelley telling him

there was a job open in the Three-K factory. He had gone to Stoughton

on April 15, first seen George Kelley, then gone to Sacco’s bungalow.

Rosina told him that Sacco had gone to Boston, but this hearsay

evidence Jerry McAnarney could not bring out in court. On this fading

note the defense rested.

Among the residual rebuttal witnesses were Angelo Ricci, the foreman

of the railroad gang near the crossing; a Mary Gaines, who knew Lola

Andrews and Julia Campbell; Henry Hellyer, the Pinkerton agent; Chief

Stewart; Lieutenant Guerin; and a belated identification witness by

the name of Frank Hawley.

Ricci maintained that when the getaway car went over the tracks he

did not see any of his gang at the crossing, but he admitted under

cross-examination: “When you got to control twenty-four men, what to

hell, one fly away. I could not tie them up with string and hold them

all as one. If they went around, sneaked around the pile of dirt or

something like that, I could not hold them.”

Mary Gaines of Quincy was brought in to show that “the statement

Mrs. Andrews made about making inquiry of the man under the car is

not of recent contrivance.” She had visited Julia Campbell and her

sister and Lola Andrews in the Alhambra Block the week following the

shooting. Lola had then told them “she seen this man underneath the

automobile, and she taps this man on the shoulder, she asks him to

please direct her to the Rice and Hutchins shoe shop, and he got up

and directed her to it.”

Hellyer gave his altered account of what Jenny Novelli had told

him. As the existence of his written report was not then known, his

statements passed unchallenged. Lieutenant Guerin told of going to

Sacco’s house and picking up the gray cap with a rip in the lining

from the kitchen table. Moore objected to the cap being admitted

as an exhibit on the grounds of unlawful search and seizure. He

also objected to the jury’s seeing the Buick and demanded that

all references to it be struck out. As usual his objections were

overruled.

Hawley, a salesman and a former Brockton special police officer, said

that on April 15 he was driving his Ford in Brockton. In starting

to turn around on School Street to go to Whitman, he had forced a

Buick touring car to come to a stop. It was a dirty car with flapping

side-curtains and as it stopped the driver stuck his head out and

asked the way to Whitman. The man Hawley had seen sitting next to the

unidentified driver was Vanzetti.

Chief Stewart resumed the stand briefly to add a few more passages

of the Brockton interrogatory that he had previously omitted. There

followed a discussion about the admission as evidence of the books

found in Sacco’s house and whether they should be translated. Finally

both sides agreed to let them in as they were, Moore remarking that

the titles spoke for themselves. Shortly after lunch both sides

rested.

There was a pause, a rustle in the courtroom, as the lawyers gathered

up their documents and the spectators eyed Judge Thayer. He cleared

his throat, looked dryly at Moore, then turned to the jury.

“Well, gentlemen,” he said in his toneless voice, “the book of

fate in these cases has been closed. You will undoubtedly get

these cases for final determination Thursday forenoon, or Thursday

morning. During your absence quite a number of things have been

settled between counsel, one of which is that arguments will be

made tomorrow, beginning at nine o’clock. It has been agreed that

four hours shall be given to each side—that is four hours for the

defendants and four hours for the Commonwealth. They may run a little

over that time.

“I must again suggest to you to still keep your minds open. The

evidence has simply closed now. You have not heard the arguments of

both counsel. You have not heard the charge of the Court. You must

hear what the law is of the Commonwealth in order that you may apply

the law to established facts found by you to be true, and therefore

with this request, which is kindly made by the Court, I trust you

will do what you can to see to it that it is fully carried into

effect.”

Edmund Morgan, in his study of the trial published in 1948,

considered it an act of incomprehensible folly for the defense to

agree to any such four-hour limitation. But in agreeing to the

limitation, Moore and the McAnarneys were from long practical

experience aware of the dangers of taxing a jury’s patience. Jurymen

who had already sat through thirty uncomfortable days of testimony

might react against an argument running several days. Besides, it was

common bar knowledge that by the time the summations were reached, a

jury, despite any judge’s hortatory injunctions, had pretty well made

up its collective mind.

Moore and Jerry McAnarney agreed to divide their allotted morning,

with Moore appearing first. But the ingenious and aggressive general

counsel of the I.W.W., the victor of so many underdog courtroom

battles, was that Wednesday morning like a speaker who has lost

rapport with his audience. He rambled. The telling points escaped

him. Jerry McAnarney, tripping over his grammar, made a far better

follow-up.

Moore opened by remarking wryly that in the six weeks of the trial,

he, as a Californian, had felt almost an alien in the Dedham

court. He then went on to develop his argument, claiming that the

primary—in fact the only—issue was one of identification. Taking

the Commonwealth’s witnesses in order, he asked why it was that

the expressman Neal, when he felt his life was in danger, had not

bothered to look at the number of the threatening car directly in

front of his door? How was it that Faulkner, on the train, could

remember the man he said was Vanzetti leaning over from the rear seat

and yet could not remember the man in the seat beside him? Moore

recalled to the jury the Italian railroad worker, Nicola Gatti, the

one witness who had known Sacco before the crime, and begged them not

to be prejudiced by the fact that the man was an Italian. He pointed

out that Mary Splaine’s elaborate identification must have derived

from the times she saw Sacco at the police station and not from the

fleeting glimpse she had had from the upper window of the Hampton

House, and he brought up again her indecisive statements in Quincy,

so opposed to her Dedham positiveness. As for Lola Andrews, “even

though we had not offered a single witness against her, she killed

herself on the witness stand by her own personality, but Campbell,

Fay, La Brecque finished her up.” Pelser was unemployed when he told

defense investigator Robert Reid that he had seen nothing of the

shooting, but a few months after he got a job with Rice & Hutchins he

was willing to testify for the Commonwealth. Goodridge, the poolroom

man, was in the courtroom for some other purpose when he identified

Sacco. Why?

“Gentlemen,” Moore summed up, “there isn’t a single witness called by

the government who had an unqualified opportunity of observation who

gives an identification. Bostock had the opportunity and wouldn’t.

McGlone had the opportunity and wouldn’t. So on down the line. But

it is the Lola Andrews, the Goodridges, the Pelsers that made the

identification. Miss Splaine and Miss Devlin I reject, because their

testimony is utterly unreasonable. They did not have the opportunity.

They could not. You know it and I know it.”

Moore asked the jury to consider again whether or not the defendants

believed on the night of May 5 they were in fear of deportation or

that they believed their lives or liberties were in danger, and

whether Stewart’s questions about anarchism had not inflamed Sacco’s

suspicions. There were, too, Sacco’s alibi witnesses for April

15—Bosco, Dentamore, Williams, Affe, Kelley, Hayes. Had all these men

committed perjury?

Only in passing did Moore mention the guns and bullets. “If,” he

said, “the time has come when a microscope must be used to determine

whether a human life is going to function or not and when the users

of the microscope themselves can’t agree, when experts called by the

Commonwealth and experts called by the defense are sharply defined in

their disagreements, then I take it that ordinary men such as you and

I should well hesitate to take a human life. You are the responsible

men,” he concluded. “You are the judges of the facts.” And he stood

there a moment staring somberly at the jurors.

“Take a recess of five minutes,” Judge Thayer told the courtroom,

then nodding curtly to the Californian, added, “You ran over your

time twenty minutes, Mr. Moore.”

Jerry McAnarney, in his two hours, did not confine himself to his

ostensible client, Vanzetti, but proceeded to go over the same

ground that Moore had just covered. He criticized the Splaine-Devlin

contradictions, he asked why Sacco and Vanzetti had not been shown

to witnesses in Brockton in a lineup, he speculated as to what

Goodridge had been doing in Dedham when he first identified Sacco.

Then he asked why Sacco, already recognizable in South Braintree as

Mosmacotelli, would have spent a morning standing in front of the

drugstore or hanging around the depot or finally leaning on the fence

under the window of the very factory where he had once worked.

The testy little lawyer warned the jurors about Katzmann: “He can

stand up to this rail and say to you gentlemen ‘What have we

been here for six weeks for, for two slackers, for two men who

did not think enough of their country but what they would go to

Mexico—murderers, slackers, anarchists?’ Ring the changes, gentlemen,

and you can play any tune you want to on that. And you have got to be

very careful that you don’t vibrate in unison with those words. They

are fearful, they are potent, they are laden to the limit.”

McAnarney poked fun at the bravado of the Brockton officer, Connolly,

“listening to the sweetest music of his young life, the sound of

Connolly’s voice when he was telling you what he did.” But when

McAnarney mentioned Levangie, the man he had interviewed and who

two weeks later had denied under oath talking with him, his face

reddened. Captain Van Amburgh he referred to as the “circles” man,

but he had obviously not grasped the implications of his testimony,

for he reminded the jury: “Van Amburgh said that that number three

shell, the fatal bullet that killed Berardelli, came from ...

the Colt revolver that was found on Sacco.” In the question of

Berardelli’s revolver McAnarney pointed out that if the defense had

planned to falsify evidence, it would not have been too difficult

to have the various witnesses memorize the number of Vanzetti’s

Harrington & Richardson and afterward recite it on the witness stand.

McAnarney asserted, as had Moore, that the primary fact was in the

end identification, and that there was not sufficient evidence to

prove beyond a reasonable doubt that the two men had been in South

Braintree that day. “I want every man on this panel to treat these

two defendants as if they were your own individual brother,” he

concluded with sincere irrelevance. “Take that as the text, not the

other that we feel and what this evidence would make them out, treat

them as though, as your brother. He came to this world by the same

power that created you, and may he go from this world by the same

power that takes you. I thank you, gentlemen.”

* * * * *

After the lunch hour Katzmann approached the jury box for his final

argument. As usual his debonair appearance was unaffected by the

heat. Confident of the game he was playing, sure of his arguments,

he faced the jury in the floridity of his top form. But though his

verbiage was lush, his mind was sharp.

He began with provincial urbanity by complimenting the jury, the

defending lawyers, and the judge. Then he covered the case point by

point, missing none of the discrepancies of the defense witnesses and

not neglecting by innuendo to tie in Orciani. There was Burke who

had said that Sacco and Vanzetti were not in the car as it passed

him, Burke who had ridden to court in Callahan’s Hudson and called

it a Buick, who had described the driver of the getaway Buick as a

thickset dark man—when both sides now admitted that the driver was

pale and fair. There was Chase, on the truck at the Co-operative

Society, a man with permanently impaired eyesight. There were Sacco’s

alibi witnesses in Boston and Vanzetti’s in Plymouth. Katzmann

agreed that Corl had painted his boat, that Williams had taken his

advertising orders, that Dentamore had gone to a banquet for the

_Transcript_ editor. “But what in logic is the connection between any

of these things that they say helps mark the time?”

The district attorney did not miss the fact that Vanzetti claimed

that on the night of May 5 they were just going to get the car,

whereas Sacco first said they were going to pick up radical

literature. In the matter of picking up literature, if it was so

urgent to get rid of it, why did Vanzetti do nothing for a week

after coming back from New York? Why did he not warn his friends

in Plymouth? Why did Sacco, after he heard from Vanzetti, take no

steps to get rid of what he himself owned and so protect his home?

Why would Sacco be so afraid of deportation when he was leaving the

country in two days? What were they afraid of, anyhow, the night of

May 5 when they had no incriminating papers with them?

As for the weapons, Katzmann argued: “They had arsenals upon them.

Vanzetti had a loaded 38-caliber revolver, this man who ran to Mexico

because he did not want to shoot a fellow human being in warfare,

a loaded 38-caliber revolver, any one of the cartridges instantly

death-dealing. This tender-hearted man who loved this country and who

went down to Mexico because he did not believe in shooting a fellow

human being, going down to get a decrepit old automobile, had a

38-caliber loaded gun on him.

“And his friend and associate, Nicola Sacco, another lover of

peace, another lover of his adopted country who abhorred bloodshed

and abhorred it so that he went down to Mexico under the name of

Mosmacotelli ... had with him, this lover of peace, thirty-two

death-dealing automatic cartridges, nine of them in the gun ready for

action and twenty-two more of them in his pocket—carried it where the

ordinary citizen carries it there? No, gentlemen, carried where those

who have occasion to use it quickly and want to slip it out and use

it quickly would be prone to carry it, that death-dealing instrument.

“But more than that, gentlemen, and ammunition enough to kill

thirty-seven men if each shot took effect, they had or Vanzetti

had four shells—no weapon in which to fire them at the moment that

we found, but you will remember, gentlemen, that sticking out of

the back of the bandit’s car on April 15 was either a rifle or a

shotgun, and in Vanzetti’s pocket were four 12-gauge shells loaded

with buckshot that they were going out to shoot little birds with....

Maybe, gentlemen, you think that is the way men would be armed who

were going on an innocent trip, innocent so far as death-dealing

matters are concerned at night time after closing hours of the garage

and when the man who ran it was in bed, going to make a social trip

down to see Pappi, the friend of Vanzetti, and he did not know where

he lived, save that it was in East Bridgewater, gentlemen.”

The district attorney admitted that Pelser had lied at first both to

the defense and the Commonwealth, because he did not want to be a

witness, but afterward he was “manly enough to tell you of his prior

falsehoods and his reasons for them.” On the subject of Splaine and

Devlin, Katzmann became almost lyrical: “Gentlemen, do you think that

two young women, presumably endowed with Christian instincts, young

ladies who could have no enmity against the defendant Sacco, who

could have no reason for committing the most damnable of perjuries,

would bespeak evidence against a human being that would take his

life away? Gentlemen, that passes the bounds of human credulity. You

can’t believe that. You cannot have looked on Mary Splaine, a smart

businesswoman, you cannot have looked on the gentle Frances Devlin

and have seen the truth shining like stars out of her young womanly

eyes and believe for a moment that either or both of them would dare,

before a court of justice or before God their Maker, condemn Sacco

to his death with a willful lie. You cannot believe that, gentlemen,

having seen those women.”

He agreed that Levangie, the gate-tender, was wrong in saying that

Vanzetti had driven the car. The probability was that Vanzetti was

directly behind the driver, was leaning forward, and Levangie had

given just a quick transposing glance. Lola Andrews conjured up a

briefer burst of lyricism: “I have been in this office, gentlemen,

for now more than eleven years. I cannot recall in that too long

service for the Commonwealth that ever before I have laid eye or

given ear to so convincing a witness as Lola Andrews.” As for Julia

Campbell, she was “Aunt Julia, the elderly lady with the cataracts.”

The district attorney underlined the fact that the Buick getaway

car was found only a mile or so from Elm Square. “You don’t find the

car in Worcester. You don’t find it in Pittsfield. You don’t find

it in South Boston, nor do you find it in Fall River. You find it

in West Bridgewater, and the night these men were arrested, they

were arrested within hailing distance of it. Can you put two and two

together?”

In contrast to Moore’s objection to the microscope’s evidence,

Katzmann declaimed: “Heaven speed the day when proof in any important

case is dependent upon the magnifying glass and the scientist.” He

marshaled the evidence of the guns and the bullets carefully in the

Commonwealth’s favor. “What is the reason Captain Van Amburgh gives

for saying that bullet number three was fired by the Colt of Sacco?”

he asked, thus compounding Jerry McAnarney’s error.

It was after six before Katzman, facing a weary jury and a long-since

emptying courtroom, made his last points. He asked who knew better

about the Harrington & Richardson revolver, the man who had put in a

new hammer or an expert who had never seen it before. He questioned

the disorder and general lack of dates in Affe’s grocery account

books. He wondered why the defense had produced no witnesses from

Rice & Hutchins, where Sacco had worked, to say he was not the

man. He concluded with a flourish: “You are the consultants here,

gentlemen, the twelve of you, and the parties come to you and ask

you to find out what the truth is on the two issues of guilt or

innocence. Men of the jury, do your duty. Do it like men. Stand

together, men of Norfolk!”

Nothing was left but the judge’s charge and the jury’s verdict.

* * * * *

Judge Thayer spent that evening at the University Club in Boston

working on his charge. Like most intermediate judges, he tended to

make his charges set pieces formed out of the accumulated mosaics

of the law, varying in detail according to the particular case,

but in general outline the same. The basic function of a charge

is to enable the jury to sift the relevant from the irrelevant.

In his Sacco-Vanzetti charge of twenty-four pages, only ten were

given to the specific aspects of the case. The formula was based

on a standard set of legal truisms: that a man is innocent until

proved guilty, that reasonable doubt is the doubt of a reasonable

man, that no inference of guilt shall be drawn from an indictment,

that circumstantial evidence can at times be as weighty as direct

evidence, that English common law as adopted by American practice is

one of the glories of the world, and so on. Thayer’s first childhood

memories were of the boys in blue of the Civil War; he had been

appointed to the bench the year that the United States entered the

World War, and his attitude toward soldiers was that of a sentimental

civilian. Ever since his appointment he had peppered his charges and

his less formal addresses with references to “our soldier boys.” It

was a habit that still continued three years after the Armistice, and

that could have somewhat sinister connotations in the trial of two

draft-dodging anarchists.

With the fervor of a poet Thayer worked at his manuscript late into

the night. He was proud of his literary efforts. Like most Americans

whose school course included the elocution lessons of the post-Civil

War period, his taste ran to the flamboyant. Vague metaphorical

phrases blossomed under his hand. “Let the star of a sound judgment

and profound wisdom guide your footsteps into that beautiful realm

where conscience, obedience to law and to God, reigneth supreme.”

Such phrases he found reassuring. And his indwelling sense of

insecurity made him need assurance, turned him at times garrulous,

biased him against foreigners, and drove him to indiscretions that

were later to become notorious.

When Judge Thayer went down to breakfast early Thursday morning and

looked hopefully around the club’s almost empty dining room, his eye

fell on the frosty George Crocker at a table by the window and he

walked over and sat down opposite him. Crocker, an elderly codfish

Bostonian, greeted Thayer with a noticeable lack of cordiality.

Several times during the month the judge had waylaid him in the

lounge and filled his unwilling ears with news about the Dedham

trial, insisting that Americans must now stand together to protect

themselves against anarchists and Reds. Conservative lawyer that

he was, Crocker felt offended at Thayer’s violation of the legal

proprieties in even mentioning a current case. Oblivious of the

other’s disapproval, Thayer would say that it was nonsense that the

defendants were being prosecuted as radicals. Just the same, in his

opinion, they were anarchists and draft-dodgers, and they had failed

to establish alibis.

This morning, before Crocker had finished his grapefruit, Thayer

pulled some sheets of paper out of his pocket saying proudly: “I

want to read you part of the charge I am going to deliver today.” He

talked on, quoting part of Moore’s argument, and then reading more of

his charge, smacking his lips at the end with “That will hold them!”

Crocker replied sniffily or not at all. On leaving the dining room

he warned the steward, “For Heaven’s sake, don’t put me with that

man again!”

* * * * *

Court opened late. Judge Thayer had again timed it that way for

dramatic effect. Every seat was taken and the bar enclosure was

filled with lawyers as Sacco and Vanzetti took their place in the

cage, for it had been noised about in State Street that the judge’s

charge would make legal history. The opening, however, had more the

air of a graduation ceremony than a murder trial. The judge’s desk

was buried in flowers—a huge vase of gladioli sent by the sheriff,

and large bouquets of pinks from Mrs. Katzmann and the wife of

Assistant District Attorney Kane. Among the spectators were the

Marquis Ferrante, Rosina Sacco with the boy Dante, and of course Mrs.

Evans and her inevitable notebook. In spite of the heat Sheriff Capen

had resumed his blue cutaway.

With the clerk’s cry, Judge Thayer rustled in and sat down behind

the bank of flowers. For the last time the ritual was intoned, the

jury was polled, the defendants answered “Present.” Jerry McAnarney

approached the bench with a motion for a directed verdict on the

grounds that the district attorney in his argument had disclaimed

that Vanzetti was driving the getaway car as it crossed the railroad

track. Moore made the conventional request that the court order the

jury upon all the evidence to return a not-guilty verdict for Sacco.

Neither motion, they knew, would be granted. There were a few more

words added to the record about the Berardelli revolver, then the

judge’s brittle voice began:

Tragedy in Dedham · 第 20 / 48 段