Although American consulates and embassies overseas had begun

to receive letters of protest in September, the real force

of the agitation did not strike until October, when large

Communist-organized demonstrations took place in many cities. For all

their tenacity, the anarchists were no longer a mass organization

and, so far as European developments were concerned, the East German

historian Johannes Zelt is undoubtedly right in claiming that “from

the beginning the Communists stood at the head of the Sacco-Vanzetti

campaign.” In a tactic foreshadowing the Popular Front of the

thirties, the Communist International called on all Communists,

socialists, anarchists, and trade unionists to unite for the rescue

of Sacco and Vanzetti—while, at the same time, the anarchists in the

Soviet Union were being liquidated en masse. The organized protest,

as it spread across Europe, would include men of good will of all

beliefs and persuasions, but control of the movement stayed in the

hands of the Communist International and, later, the subsidiary

International Red Aid, founded by the Cheka chief, Dzerzhinsky.

For the Communists, Sacco and Vanzetti were pawns in the class

struggle, convenient symbols to be exploited in a drive for power

where the blood of even anarchist martyrs might become the seed of

the Party. However the anarchists were to feel about the Communists

taking over—and in time they would feel bitter indeed—the Party

had the tight organization, the mass control, and the finances

that made quick action easy. On September 20 the Central Committee

for Action of the French Communist Party began making plans for a

monster demonstration before the American Embassy. According to the

resolution then drawn up, “Only direct and clearly revolutionary

action can save the Italian liberators Sacco and Vanzetti from the

death penalty to which they have been condemned.” The Communist

daily _L’Humanité_ opened a subscription fund for the two men and

proclaimed: “There is an American Embassy in Paris. We owe it a

visit!”

Rank-and-file demonstrators had scarcely heard the names of the two

Italians when they received orders to take to the streets, but in

their militancy they responded, just as they had for other issues

and would again when some central committee pressed a different

propaganda button.

The October demonstrations were centered in France and Italy, with

echoes in Switzerland, Belgium, Spain, Portugal, and Scandinavia.

Concerned for the moment with other matters, the German Communist

Party did not participate. In Paris, even before the end of September

various committees for action had met. Eight thousand militants

filled the Salle Wagram and, on leaving, sang the “Internationale”

while from a doorway someone lobbed a grenade at the drawn-up police,

wounding several of them. The American Embassy was deluged with

letters and telegrams. On October 19 a grenade, wrapped with sinister

humor in a copy of the Royalist _Action Française_, was sent through

the mail to the new American ambassador, Myron T. Herrick. The valet

who opened the package set off the fuse but managed to throw it into

a bathroom, where it went off, wounding him slightly and demolishing

the room. On the twenty-fourth, ten thousand police and eighteen

thousand troops had to be called out to hold back the vast crowd

demonstrating before the American Embassy.

The wave spread across Europe. In Switzerland the Communists

organized demonstrations in Zurich, Basle, and Geneva. In St. Gall

a letter to the American Consulate protesting the judicial murder

of “Sachi” and Vanzetti was signed by Communists, syndicalists,

socialists, and trade unionists. Amsterdam workers held a protest

meeting, as did the Dutch Free Thinkers. Communists marched in the

streets of The Hague, Brussels, Liége, Stockholm, and Copenhagen. The

American ambassador in Madrid was threatened with assassination. In

Lisbon a bomb was exploded in the vestibule of the consulate-general

shortly after a letter had been placed under the door demanding the

release of the “Brockton anarchists.” Medical students of Portugal’s

National College struck for a day to show their sympathy. Although

a demonstration by English Communists before the American Embassy

fizzled out in a London rain, the Party’s Tooting branch forwarded

its objections in a letter to the ambassador. A polite communication

was sent to Washington by the Communist Party of Ireland.

When November found the Massachusetts prisoners still alive and no

date set for their execution, the Communist International turned

off the spigot and the European agitation dried up, but a new wave

of agitation now began in Central and South America. The Latin

American movement was less well organized, less literate, and, as

might be expected, more violent. Anarchists of Guadalajara, Mexico,

paraded behind red and black banners reading: “Yankee bourgeoisie,

if you assassinate our comrades, Sacco and Vanzetti, your lives and

your interests will pay the penalty.” La Junta Federal of Santiago,

Chile, announced that “the day the Communists of the world learn that

Sacco and Vanzetti have been shot, the residences of all American

ambassadors which exist in various countries will be destroyed by

a tremendous charge of dynamite.” In Havana, anarchist circulars

warned that “in Cuba, Yankee tyrants are not lacking in whom to let

fall the vengeful dagger.” A bomb was found in the embassy garden

in Rio de Janeiro. The American consul in Mexico City received

anonymous threats from “the comrades of Saco and Banzet.” There were

demonstrations in front of the United States embassies and consulates

in Argentina, Brazil, Chile, Mexico, and Panama.

In Massachusetts the overseas disturbances, recorded with increasing

frequency in the local papers, stirred up feelings of apprehension.

Moore was dismayed, and said so. “I cannot conceive,” he wrote, “how

any intelligent and sane person sincerely interested in obtaining

ultimate justice for these two men could hope that this sort of thing

could benefit them.” The bombings, he tried to make out, were the

work either of enemies or insane people. Prompted by Moore, and aware

of the hardening of community opinion, the Defense Committee issued a

disclaimer, maintaining that

_the lurid plots and threats attributed to mythical individuals

referred to as Sacco-Vanzetti sympathizers are so thoroughly harmful

to the effort being made to save the two men from the electric chair

that they could not have originated in the minds of friends. Either

they were planned by persons desirous of putting the case of the two

prisoners in disrepute or they are lies pure and simple._

Two days after the trial’s end the defense lawyers filed the

customary motion for a new trial on the grounds that the verdict was

against the weight of the evidence. This motion was scheduled to be

argued before Judge Thayer in Dedham on Saturday, October 29. On

the twenty-eighth the Boston papers spread a sensational story that

groups of Italians were coming to the hearing from New York dressed

in army uniforms and carrying automatics. Extra police were at once

stationed throughout the city, and the Post Office and the Federal

Building placed under guard. At the South Station plain-clothes

men watched each incoming train. That night the Dedham jail was

surrounded with searchlights.

Saturday morning the courthouse was more heavily guarded than at any

time during the trial. State troopers, mounted and on motorcycles,

patrolled the streets, and portly Colonel Foote, the Commissioner

of Public Safety, came over from the State House in person.

Plain-clothes men in all their obviousness tramped up and down the

High Street. The Boston riot squad appeared, loaned for the day

by the Boston police commissioner. The public was banned from the

courthouse. Reporters who were admitted were patted for weapons.

When Sacco and Vanzetti were brought in and their handcuffs taken

off, there were fewer than fifty persons in the courtroom. Three

months had done much to alter the two men. In July, overwhelmed by

the verdict, they had felt isolated. Now the news from overseas

had given them the satisfaction of knowing that there were workers

the world over who were not going to stand by while the courts of

Massachusetts sent their comrades to the electric chair. Newly

confident, Sacco and Vanzetti were also full of resentment,

particularly against the debonair district attorney whom they once

more faced.

Both Moore and Jerry McAnarney well knew there was no chance that

Judge Thayer would overrule the jury’s verdict, but the motion

was a legal step always taken in murder cases. The arguments and

counterarguments lasted all that Saturday and the following Saturday,

Moore appealing particularly to the fact that the jury had given no

consideration to the alibi witnesses. While Katzmann was delivering

his arguments defending the verdict, the men in the cage kept

interrupting and contradicting him. When he told of taking a witness

to the Dedham jail who picked out Sacco from a group of prisoners,

Sacco jumped up in the cage and accused the district attorney of

having prompted the witness. “Yes,” he shouted to Judge Thayer, who

motioned to a deputy, “that man he said, ‘There’s Sacco.’ That’s the

way he know!” The deputy grabbed Sacco by the arm. “Go easy!” Sacco

cried out, trying to brush him off. Vanzetti now broke in savagely:

“You bring every crook in Massachusetts to testify against us! You

and every man of sense know it.” Judge Thayer observed acidly that

the defendants ought not to interrupt. When they continued to shout

and gesticulate, he again signaled to the deputies to quiet them. He

too had been hearing of the turmoil in Europe, and had been receiving

letters and telegrams daily—some of them threatening—demanding a

new trial. His house in Worcester was now under guard, and he was

simmeringly aware that last summer’s court session and verdict had by

no means ended the case. “These cases,” he announced with controlled

but still obvious anger as he looked sourly at the cage, “seem to

have assumed a state, national and international interest. Overseas

a statement was published that the presiding justice said to the

jury that these men must be convicted because they were Italians and

radicals. That statement was absolutely false.”

He and Moore continued their verbal dueling, carrying it over to

the concluding arguments on Saturday, November 5. When Moore tried

to explain how the issue of radicalism had injured his clients,

Judge Thayer pointed out his trial ruling that “No evidence of the

defendants’ radical activities or opinions would be allowed until the

defense released such matter themselves.” Moore characterized the

ruling as a Greek gift, the Virgilian reference escaping Judge Thayer.

Following this formal and predetermined motion the defense filed

five supplementary motions for a new trial: the Ripley motion, the

Gould-Pelser motion, the Goodridge motion, the Andrews motion, and

the Hamilton-Proctor motion.

A month or so after the trial Jerry McAnarney had met the jury

foreman, Walter Ripley—whom he had known for years—on the street in

Quincy. They stopped on the corner to talk, and Jerry learned for

the first time about the three cartridges that Ripley had casually

brought to court in his vest pocket and during the trial compared

with the five cartridges found in Vanzetti’s revolver. Ripley thought

nothing of the matter, but for Jerry it was the first crack in the

verdict. He now interviewed nine of the other jurors and obtained

affidavits from several of them. Wallace Hersey and Frank McNamara

admitted they had seen the Ripley bullets, Frank Marden and Seward

Parker that they had heard about them. Ripley himself had died of a

heart attack on October 10, before McAnarney could get an affidavit

from him. His widow signed an affidavit that her husband had had the

bullets with him during the trial. This admitted fact was the basis

of the first supplementary motion, a lengthy document that claimed in

substance that “if during the trial Ripley made a comparison between

these three cartridges and the five cartridges taken from Vanzetti’s

revolver, then the defendants are entitled to a new trial as a matter

of right.” The Ripley motion with its accompanying affidavits was

filed on November 8. Judge Thayer announced that he would set a

hearing date satisfactory to both sides.

On the afternoon before Christmas, 1921, exactly two years after

the Bridgewater crime, in a gray, nearly empty courtroom, the

wintry-faced Thayer denied the October motion for a new trial. “I

cannot,” he intoned, “as I must if I disturb these verdicts—announce

to the world that these twelve jurors violated the sanctity of their

oaths, threw to the four winds of bias and prejudice their honor,

judgment, reason and conscience, and thereby abused the solemn trust

reposed in them by the law as well as by the Court. And all for what

purpose? To take away the lives of two human beings created by their

own God. The human frailties of man, his tender regard and love for

human life and his profound sympathy for his fellow-men, when charged

with the gravest offence known to the law, repudiates the suggestion.”

Three days after this denial Fred Moore wrote to a friend:

_The one hope for these boys now rests in the hope that we may be

able to unearth new facts. This means endless investigations. It

means that every clue as to the real bandits must be followed up

expertly and carefully. As you know this means money._

Thus, briefly, Moore stated his problems for the next three years,

and the last problem would always be the most harassing, the one

that would seem to be squatting like a dollar sign on the doorstep

of Rollins Place each time he returned. For him money was a wretched

commodity, something that arrived in the morning and went out in

the afternoon, a means merely through which he might obtain more

publicity, wider investigations. His restless and inventive mind

never stopped thinking of new angles to explore. One week would

find him at the federal penitentiary in Atlanta on a tip that two

inmates there were connected with the gang that, it was rumored, had

really pulled off the Bridgewater job. The next week might find him

uncovering the bigamous career of a prosecution witness. Pressed

constantly for funds, he wrote countless dunning letters, cajoled his

old radical friends and associates from coast to coast, unabashedly

appealed to prominent strangers, cultivated sympathetic old women.

Given enough money, he was sure he could win.

The trial had been over for half a year, the sentencing of the two

men lay somewhere in the months ahead. General interest dwindled.

Only the most faithful sympathizers still sent in contributions.

The Defense Committee had moved from Battery Street to the more

central Hanover Street, where most of the North End Italian shops

were located. Eugene Lyons, returned from Italy, now replaced Art

Shields. The new headquarters at number 256 was on the third floor,

a large garret anteroom leading into a small inner office. Every

Thursday night the committee members would climb the warped, narrow

stairs to listen to a repetition of what had been said the week

before. Three or four times a year there would be a meeting of

several hundred sympathizers at Paine Memorial Hall in the South

End, most of them Italian comrades, with a sprinkling of Back Bay

dissidents, members of the Civil Liberties Committee, and the more

radical trade-union officials.

_It was [Lyons wrote] a motley and colorful and rather high-pitched

company that gathered around the defense at this stage. Some were

moved by an undiluted urge to save the two innocent men, others were

interested primarily in the propagandist value of the case, still

others got an emotional kick out of the battle. At one extreme were

hot-headed and desperate Italians distrustful of all law, bitterly

sarcastic about the hocus-pocus of motions and affidavits, and often

refusing in principle to cooperate with their own lawyers. At the

other extreme were men and women of old New England stock chiefly

concerned with saving the Commonwealth of Massachusetts from the

stigma of an ugly miscarriage of justice. I can recall vital meetings

in which a snarling, red-headed Italian exponent of direct action

argued some question of policy with a benign pacifist like Mrs.

Evans. It was Moore’s delicate job to reconcile these people and

placate their idiosyncrasies._

The money that Moore needed in floods came in dribbles—$18.30 from

an Italian picnic in Connecticut, an anonymous dollar bill posted in

Seattle, $38.65 from the Pietro Gori Group of Nokomis, Illinois, the

occasional windfall of five hundred dollars collected by the Workers’

Defense Union at a New York meeting in Beethoven Hall, a small but

steady flow from Moore’s friends in the United Mine Workers. Moore

knew that what was required was a full-time treasurer to coordinate

finances and fund-raising. He wanted Felicani to quit _La Notizia_

and devote all his time to the job at a regular salary. Felicani

would not hear of it. He was willing to work until midnight each

night on the committee accounts, or on propaganda, or whatever else

needed doing, but those pathetically small sums that kept dribbling

in for the defense of his friends—he could not bear to pay himself

from that money. He insisted on keeping a record of every amount

received, no matter how small, and of every cent paid out.

Moore did not see the point of such finical accounting. To him it

was foolish to waste time on columns of figures when two men’s lives

were at stake. He and Felicani were always at odds about money. To

Felicani it seemed that no matter how much he provided, Moore always

needed more. It was as if the lawyer had a hole in his hand. For

Moore it was both ridiculous and humiliating that he, the general

counsel of the I.W.W., whose name struck sparks from coast to coast,

who had taken this case out of the gutter and made it a world issue,

should have to appear hat in hand before a printer-nobody to beg

for money—and often not get it! Time and again Moore saw what he

considered promising investigations shut off by the anarchists. Later

he was to ask himself if some deeper motive than a financial one lay

behind their refusals. On October 20, 1922, the doctrinaire Frank

Lopez, who had become secretary of the Defense Committee, wrote Moore:

_I warn you to keep your hands off of many things that in order to

obey or please other persons you had been trying to do for many

months past._

To supplement such part-time detectives as Robert Reid, Moore hired

two permanent investigators, Tommy Doyle and Albert Carpenter. Doyle,

a pious Catholic, was still young enough to think of himself as a

sleuth, so intrigued at playing Sherlock Holmes that he did not care

whether he was investigating thieves, anarchists, or Republicans.

Carpenter was an older man, more self-contained, oriented to

radical reform. He and Moore had first meet in San Diego, during

the free-speech fight of 1911. Together they had tracked down and

exposed the perjurer, Frank Oxman, in the Mooney-Billings case. In

Everett, Washington, in 1915, after a dockside clash in which five

I.W.W.’s and two sheriffs were killed and seventy-four Wobblies later

indicted for first-degree murder—a national record—Carpenter acted as

Moore’s chief investigator. In Chicago during the 1917 I.W.W. trials,

after Moore had been framed by the police and was on the run, it was

Carpenter who kept track of him through Lola Darroch, then Moore’s

secretary. Once Moore had settled down in Rollins Place, it seemed

only natural for him to send for his old reliable friend.

Moore had early become convinced that the South Braintree holdup was

the work of a gang of professionals. Also, his legal sixth sense

warned him there were unexplored depths to such equivocal witnesses

as Louis Pelser, Lola Andrews, and Carlos Goodridge. It seemed a pity

to him to have the money problem overshadowing all the others.

* * * * *

On May 4, 1922, Moore filed the second supplementary motion, the

Gould-Pelser motion. Roy Gould was the razor-paste salesman who on

the day of the South Braintree murders had stood near the crossing

and been fired at from the getaway car, the bullet passing through

his overcoat lapel. No one, not even Jimmy Bostock or Frank Burke,

had been so close to the moving car or had such a clear view of its

occupants. Immediately after the shooting Gould gave his name and

address to a Braintree policemen, John Heaney. Soon afterward he left

town to follow the summer carnivals and country fairs across New

England with his razor paste.

Moore first learned about Gould and his experience from Frank Burke,

who had known him for some time. No one, however, seemed to know

what had become of Gould. Moore sent Reid all over New England

inquiring at every carnival he could trace, without success. Finally

on November 3, while Burke was in Portland, Maine, on business, he

noticed Gould’s name on the register of his hotel. Burke was almost

too astonished to believe his eyes. When the two met, Gould said he

had gone to Nova Scotia and Prince Edward Island shortly after the

murder, and had not read much about the trial.

Moore came to Portland on the next train and found Gould perfectly

willing to tell his story about South Braintree. The man who had

fired at him that day, Gould said, was someone he could never forget.

Moore paid Gould’s way to Boston and there showed him photographs of

Sacco and Vanzetti. Gould was positive that neither was the man who

had fired at him. Later Moore took him to the Dedham jail where they

talked with Sacco. After watching Sacco for about ten minutes Gould

said he was certain that this was not the gunman and he was willing

to sign an affidavit to that effect.

It was Moore’s claim that Gould’s affidavit was “new and independent

testimony,” that the Commonwealth had known about him and yet made no

effort to call him as a witness, and that his identification would

have been sufficient to warrant a different verdict.

Louis Pelser was the next witness on Moore’s retribution list. All

Moore could learn of him at first was that after the trial he had

lost his job and left his parents’ flat in Jamaica Plain. Tommy Doyle

finally tracked him to a derelict South End rooming house. Pelser was

in an abject alcoholic state, red-eyed and maudlin. When he said he

had not eaten anything all day, Doyle bought him a meal, then gave

him seventy cents and paid his carfare to Moore’s Pemberton Square

office.

Doyle had telephoned ahead and Moore was waiting there with Lyons,

Reid, and a stenographer. Pelser sobered up when he saw them. As

always, when faced with authority, he began to doubt himself, what

he had seen, what he had previously said. Moore tried to reassure

him, patting him on the back and telling him “You look like a regular

fellow.” Pelser said that the day he arrived at Dedham District

Attorney Williams had taken him to a little upstairs room in the

courthouse and shown him several pictures of Sacco, asking if he was

the man he had seen below the factory window. “No,” Pelser had told

him, “I don’t think that’s the man I seen. I just got a glance of

everything. I could not identify if you brought me a hundred pictures

here.” Williams insisted that he, Pelser, knew “right well” Sacco was

the man.

Now, in the Pemberton Square office, Pelser said he “did not get a

good enough view to see any man.” How the “dead image stuff” had come

up in court he could not tell.

“Now why in God’s world did you testify as you did?” Moore bellowed

at the cowering sour-breathed Pelser.

“I must have been forced,” the other replied lamely. He still

maintained that he had seen a man with a gun, but he could in no way

describe him. The “dead image,” he admitted, had been a mistake.

Moore asked if he would go on the stand again and take back what he

had said. Pelser hesitated. Moore bore down on him: “You can tell

anything that is the truth. If it’s not true that he is the dead

image, then you owe it to yourself and your conscience to tell it. If

it is the truth, for God’s sake stick to your story. It might come

to the point when in order to save a couple of men’s lives it is

going to be necessary—you have got the stuff to come through if it is

necessary, that right?”

Pelser gulped out an abject “Yes.”

Tragedy in Dedham · 第 22 / 48 段