When Sacco and Vanzetti stepped from the bus they were handcuffed

together, and Vanzetti was handcuffed to Deputy Sheriff Caldwell.

Both prisoners wore shabby overcoats with velvet collars. Sacco had

on a dark suit, a dark necktie, and a felt hat. Vanzetti was wearing

a bow tie and a full light-brown cap that seemed to exaggerate the

droop of his mustache. They stood for a few minutes by the granite

steps, smiling and self-possessed in spite of the guards. At the

request of the photographers and newsreel men they took off their

hats and faced in various directions. The two men had aged much in

six years.

After several minutes they were marched through the iron gate and

upstairs. At the door to the courtroom the jail chaplain, William

Beal, chatted with them briefly. Just as their handcuffs were being

removed before they entered the cage, Mrs. Evans caught their eye

and tried to get to her feet. A deputy ordered her to sit down. The

quiet in the waiting courtroom was broken only by the ticking of

the marble-faced clock. One of the reporters had the feeling that

everyone present was holding his breath.

Judge Thayer got out of his car just as the clock of the First

Church across Court Street was striking ten. He was wearing a

derby, as was the ham-faced state detective who accompanied him,

and though he skipped up the steps briskly enough he looked frail.

The years, culminating in this moment, had brought about a curious

transposition that was sensed by everybody in the waiting room.

For it was as if somehow the defendants had become the prosecutors

and the judge the defendant. Thayer himself seemed to sense it

as he strode into the courtroom, preceded by a deputy and Clerk

Worthington’s warning cry. He sat down, smoothed his gown, but did

not look at the men in the cage thirty feet in front of him. The

preliminaries were so brief that they were over before they could

make an impression. District Attorney Wilbar in an almost inaudible

voice asked that sentence now be imposed on the two defendants

convicted of murder in the first degree, the sentence to be executed

during the week of July 10. Clerk Worthington then asked: “Nicola

Sacco, have you anything to say why sentence of death should not be

passed on you?”

Sacco stood up, stared at Judge Thayer, then began slowly to speak:

“Yes, sir. I am not an orator. It is not very familiar with me the

English language, and as I know, as my friend has told me, my comrade

Vanzetti will speak more long, so I thought to give him the chance.”

After the halting beginning his words began to flow more freely as he

felt himself stirred by the impassioned moment. He held a small piece

of paper in one hand, and every now and then he slapped the railing

of the cage with the other.

“I never know, never heard, even read in history anything so cruel

as this Court. After seven years prosecuting they still consider us

guilty. And these gentle people are arrayed with us in this court

today.

“I know the sentence will be between two class, the oppressed class

and the rich class, and there will be always collision between one

and the other. We fraternize the people with the books, with the

literature. You persecute the people, tyrannize over them and kill

them. We try the education of people always. You try to put a path

between us and some other nationality that hates each other. That

is why I am here today on this bench, for having been the oppressed

class. Well, you are the oppressor.

“You know it, Judge Thayer—you know all my life, you know why I have

been here, and after seven years that you have been persecuting me

and my poor wife, you still today sentence us to death. I would like

to tell all my life, but what is the use? You know all about what

I say before, and my friend—that is, my comrade—will be talking,

because he is more familiar with the language, and I will give him

a chance. My comrade, the man kind, the kind man to all children,

you sentence him two times, in the Bridgewater case and the Dedham

case, connected with me, and you know he is innocent. You forget all

the population that has been with us for seven years, to sympathize

and give us all their energy and all their kindness. You do not

care for them. Among that peoples and the comrades and the working

class there is a big legion of intellectual people which have been

with us for seven years, but to not commit the iniquitous sentence,

but still the Court goes ahead. And I think I thank you all, you

peoples, my comrades who have been with me for seven years, with the

Sacco-Vanzetti case, and I will give my friend a chance.

“I forgot one thing which my comrade remember me. As I said before,

Judge Thayer know all my life, and he know I am never been guilty,

never—not yesterday nor today nor forever.”

In five minutes it was over, and for an instant the atmosphere of

the courtroom loosened with a rustling and shuffle of feet and a few

coughs, then tightened as Clerk Worthington called on Vanzetti.

As he stood up, Vanzetti appeared calm, almost cheerful, and his

voice at the beginning was deceptively gentle. He held a few penciled

notes.

“Yes. What I say is that I am innocent, not only of the Braintree

crime, but also of the Bridgewater crime. That I am not only innocent

of these two crimes, but in all my life I have never stole and I have

never killed and I have never spilled blood. That is what I want to

say. And it is not all. Not only am I innocent of these two crimes,

not only in all my life I have never stole, never killed, never

spilled blood, but I have struggled all my life, since I began to

reason, to eliminate crime from the earth.

“Everybody that knows these two arms knows very well that I did not

need to go in between the street and kill a man to take money. I can

live with my two arms and live well....

“Now, I should say that I am not only innocent of all these things,

not only have I never committed a real crime in all my life—though

some sins but not crimes—not only have I struggled all my life to

eliminate crimes, the crimes that the official law and the official

moral condemns, but also the crime that the official moral and the

official law sanctions and sanctifies—the exploitation and the

oppression of the man by the man, and if there is a reason why I am

here as a guilty man, if there is a reason why you in a few minutes

can doom me, it is this reason and none else.”

Judge Thayer stared at his bench as if he were unaware of the man

addressing him. The judge’s impassivity nettled Vanzetti and as he

continued his voice showed it. His eyes seemed to flash at the bent

figure whom he had once called a black-gowned cobra.

“Is it possible that only a few on the jury, only two or three men,

who would condemn their mother for worldly honor and for earthly

fortune; is it possible that they are right against what the world,

the whole world has say it is wrong and that I know that it is wrong?

If there is one that I should know it, if it is right or if it is

wrong, it is I and this man. You see it is seven years that we are in

jail. What we have suffered during these seven years no human tongue

can say, and yet you see me before you, not trembling, you see me

looking you in your eyes straight, not blushing, not changing color,

not ashamed or in fear.

“Eugene Debs say that not even a dog—something like that—not even a

dog that kill chickens would have been found guilty by American jury

with the evidence that the Commonwealth have produced against us. I

say that not even a leprous dog would have his appeal refused two

times by the Supreme Court of Massachusetts—not even a leprous dog....

“We know that you have spoke yourself and have spoke your hostility

against us, and your despisement against us with friends of yours

on the train, at the University Club of Boston, on the Golf Club of

Worcester, Massachusetts. I am sure that if the people who know all

what you say against us would have the civil courage to take the

stand, maybe your Honor—I am sorry to say this because you are an old

man, and I have an old father—but maybe you would be beside us in

good justice at this time.”

The record of Vanzetti’s first trial is incomplete, and though

the phrase does not appear in the transcript or in the newspaper

accounts, Thayer was said by members of the Defense Committee

who were in the courtroom to have instructed the jury that the

defendant’s beliefs were “cognate with the crime.” Vanzetti now threw

that in Thayer’s face, as well as the fact that his sentence for

attempted robbery was double that of other prisoners in Charlestown

convicted of actual robbery. At the recollection he struck angrily

against the rail of the cage with his notes.

“You know if we would have Mr. Thompson, or even the brother

McAnarney in the first trial in Plymouth, you know that no jury

would have found me guilty. My first lawyer has been a partner of

Mr. Katzmann, as he is still now. My first lawyer of the defense,

Mr. Vahey, has not defended me, has sold me for thirty golden money

like Judas sold Jesus Christ. If that man has not told to you or to

Mr. Katzmann that he know I was guilty, it is because he know that I

was not guilty. That man has done everything indirectly to hurt us.

He has made long speech with the jury about things that do matter

nothing, and on the point of essence to the trial he has passed over

with few words or with complete silence. This was a premeditation

in order to give the jury the impression that my own defender has

nothing good to say, has nothing good to urge in defense of myself,

and therefore go around the bush on little things that amount to

nothing and let pass the essential points either in silence or with a

very weakly resistance.

“We were tried during a time that has now passed into history. I mean

by that, a time when there was a hysteria of resentment and hate

against the people of our principles, against the foreigner, against

slackers, and it seems to me—rather, I am positive of it, that both

you and Mr. Katzmann has done all what it were in your power in order

to work out, in order to agitate still more the passion of the juror,

the prejudice of the juror, against us.... But the jury were hating

us because we were against the war, and the jury don’t know that it

makes any difference between a man that is against the war because he

believes that the war is unjust, because he hate no country, because

he is a cosmopolitan, and a man that is against the war because he

is in favor of the other country that fights against the country in

which he is, and therefore a spy, and he commits any crime in the

country in which he is in behalf of the other country in order to

serve the other country. We are not men of that kind. Katzmann know

very well that. Katzmann know that we were against the war because we

did not believe in the purpose for which they say that the war was

done. We believe it that the war is wrong, and we believe this more

now after ten years that we understood it day by day—the consequences

and the result of the after war. We believe more now than ever that

the war was wrong, and we are against war more now than ever, and I

am glad to be on the doomed scaffold if I can say to mankind: ‘Look

out; you are in a catacomb of the flower of mankind. For what? All

that they say to you, all that they have promised to you—it was a

lie, it was an illusion, it was a cheat, it was a fraud, it was a

crime. They promised you liberty. Where is liberty? They promised you

prosperity. Where is prosperity? They have promised you elevation.

Where is elevation?’”

He accused Katzmann of breaking the agreement not to mention the

Plymouth trial, he accused the Commonwealth of being more responsible

than the defense for the delays, he accused Thayer of deliberately

handing down his Plymouth decision on Christmas Eve “to poison the

heart of our family and of our beloved,” for even though they did not

believe in “the fable of the evening of Christmas,” nevertheless “we

are human, and Christmas is sweet to the heart of every man.”

The marble-faced clock had ticked off forty minutes. Vanzetti

disregarded his notes now. In his long-deliberated conclusion he had

no need of them. His deep-set eyes took on the searing quality that

Chief Stewart had remarked on seven years before.

“Well, I have already say that I not only am not guilty of these two

crimes, but I never commit a crime in my life—I have never steal and

I have never kill and I have never spilt blood, and I have fought

against the crime, and I have fought and I have sacrificed myself

even to eliminate the crimes that the law and the church legitimate

and sanctify.

“This is what I say: I would not wish to a dog or to a snake, to the

most low and misfortunate creature of the earth—I would not wish to

any of them what I have had to suffer for things that I am not guilty

of. But my conviction is that I have suffered for things I am guilty

of. I am suffering because I am a radical and indeed I am a radical;

I have suffered because I was an Italian, and indeed I am an Italian;

I have suffered more for my family and for my beloved than for

myself; but I am so convinced to be right that if you could execute

me two times, and if I could be reborn again two other times, I would

live again to do what I have done already.

“I have finished. Thank you.”

He stood there, a spare, slightly stooped figure, his face pale

behind the screen of the swooping mustache, eyes still glittering

with suppressed emotion. Judge Thayer’s precise arctic voice broke

the silence, moving on in a few phrases to the sentencing. There was

a hushed tenseness as everyone leaned forward to catch the ritual

words:

“First the Court pronounces sentence of Nicola Sacco. It is

considered and ordered by the Court that you, Nicola Sacco, suffer

the punishment of death by the passage of a current of electricity

through your body within the week beginning on Sunday, the tenth

day of July, in the year of our Lord, one thousand nine hundred and

twenty-seven.”

Except for Thayer’s voice there was only the muffled sound of a few

women sobbing.

“It is considered and ordered by the Court that you, Bartolomeo

Vanzetti—”

Vanzetti’s interrupting voice was like a stone shattering thin ice.

“Wait a minute, please, your Honor,” he called out. “May I speak with

my lawyer, Mr. Thompson?”

Thompson, within the bar enclosure, was so taken aback that all he

could do was to mutter to the court, “I do not know what he wants to

say.”

Judge Thayer brushed aside the interruption. “I think I should

pronounce the sentence. Bartolomeo Vanzetti, suffer the punishment of

death—”

Sacco broke in, shrill and furious, and as he stood he stretched

his arm and pointed at Judge Thayer. “You know I am innocent!” he

shouted, his facial muscles bunched in fury. “That is the same words

I pronounced seven years ago! You condemn two innocent men!”

For a moment it seemed as if the long sustained decorum of the

neoclassic room was dissolving, but Thayer’s impervious voice

continued with the regularity of the ticking clock—“by the passage

of a current of electricity through your body within the week

beginning on Sunday, the tenth day of July, in the year of our Lord,

one thousand nine hundred and twenty-seven. This is the sentence of

the law.” He paused, gathering his gown about him in a preliminary

gesture before he announced: “We will now take a recess.” Without a

glance at the men he had sentenced he stood up and walked slowly down

from the bench and out into the corridor that led to his chambers.

As Sacco and Vanzetti were again being handcuffed, their friends,

Italian and American, crowded round them trying to touch them, to

clasp their hands. Mrs. Evans hobbled up close enough to call out

cheerfully, “There’s lots to hope for yet.” There were tears in

Vanzetti’s eyes. Mary Donovan pushed forward, her cheeks wet. “Do not

cry, Mary,” he told her. “Keep a brave front.” Then the guards and

deputies intervened.

* * * * *

Vanzetti, brooding in his cell, thought less of the sentence than

of the words he had not been allowed to speak. Next day, with the

eloquence of death on him, he wrote out his eulogy of Sacco, telling

Thompson that it was “the most important thing” he had to say, and

that “I would have given half my blood to be allowed to speak again.”

_I have talk a great deal of myself but I even forgot to name Sacco.

Sacco too is a worker from his boyhood, a skilled worker, lover of

work, with a good job and pay, a bank account, a good and lovely

wife, two beautiful children and a neat little home at the verge of a

wood, near a brook. Sacco is a heart, a faith, a character, a man; a

man lover of nature and of mankind. A man who gave all, who sacrifice

all to the cause of Liberty, and to his love for mankind; money,

rest, mundain ambitions, his own wife, his children, himself and his

own life. Sacco has never dreamt to steal, never to assassinate.

He and I have never brought a morsel of bread to our mouths, from

our childhood to today—which has not been gained by the sweat of

our brows. Never. His people also are in good position and of good

reputation._

_Oh yes, I may be more witfull as some have put it. I am a better

babbler than he is, but many, many times in hearing his heartful

voice ringing a faith sublime, in considering his supreme sacrifice,

remembering his heroism I felt small, small at the presence of his

greatness and found myself compelled to fight back from my eyes the

tears, and quanch my heart trobling to my throat to not weep before

him—this man called thief and assasin and doomed. But Sacco’s name

will live in the hearts of the people and in their gratitude when

Katzmann’s and yours bones will be dispersed by time, when your name,

his name, your laws, institutions, and your false god are but a deem

rememoring of a cursed past in which man was wolf to the man._

Over the week end Thompson told reporters that he felt Sacco and

Vanzetti could derive no benefit from further proceedings in the

Massachusetts courts, and that he was not prepared to take steps

designed merely to delay their execution. Moore would have acted

very differently, would in fact have taken any steps, scrupulous or

otherwise, and two at a time, that he thought might prolong the men’s

lives. But to Moore justice was a class shell game that he was ready

to operate as trickily as his opponents. “At least I have kept them

alive,” he was able to say as he left Boston. Thompson still kept his

faith in the traditional impartiality of the law. He would not play

tricks with it.

Anticipating the adverse decision of April 5, Thompson, a few days

earlier, accompanied by John Moors, Dr. Morton Prince, and Professor

Frank Taussig, had called on the Episcopal Bishop of Massachusetts,

William Lawrence, to ask his help in persuading Governor Fuller to

appoint a commission to review the whole proceedings. It struck none

of these Boston-bred men as strange to turn to a bishop in a matter

of law. On the contrary, it seemed to them the most obvious step to

take, for during a third of a century the voice of Bishop Lawrence

had become the ethical voice of Massachusetts.

Bishop Lawrence combined uniquely in his person the dominant strands

of the community. Descended from the founders of the Bay Colony, he

could walk through Boston along streets named for his ancestors.

As successor to Phillips Brooks, who had preached before Queen

Victoria, he concluded the reconciliation of upper-class Boston

to Episcopalianism after the disestablishment of the Revolution.

His income came from the textile industry that his relatives the

Lawrences, the Lowells, and the Abbotts had established. Though

he was a second-generation Episcopalian, the blood of ancestral

Calvinism still coursed in his veins. By and large, he observed to

his acquaintances, it had been his experience that the more godly

members of the community were the more financially successful. As a

young curate in industrial Lawrence he would cheerfully give up an

afternoon to visit a crippled spinner of his congregation, yet not

think it strange that the man was earning eighty cents a day. As a

bishop and member of the Corporation of Harvard University he would

undertake to raise five million dollars for the new Harvard Business

School and also not think it strange.

A stocky man with a glowing face, Bishop Lawrence looked a cherubic

Puritan. He eschewed rings, miter and crozier, pectoral crosses,

black suits, and clerical collars, preferring English tweeds and gray

felt hats. He received Thompson’s delegation, representative of the

law, medicine, State Street, and the academy, as a matter of course.

He knew at once what his duty was.

_Sent to Governor_ [_he noted in his diary_] _a letter saying that in

Sacco-Vanzetti sentence thousands of citizens felt that they had not

had a fair trial and asking the Governor to call leading and trusted

men to his advice._

As both the sender and the recipient were aware, the letter, dated

April 11, was more nearly a command:

_Your Excellency_,—

_Two men, having been tried by the Courts of Massachusetts for

murder, have now been sentenced to death. Upon you falls the

heavy and responsible duty of carrying out the sentence unless

you are moved to take other action. Confidence in the Courts of

Massachusetts, which has justified itself for generations, leads its

citizens to assume the sentence given is just and should be carried

out._

_There are, however, we believe, thousands of citizens of the

Commonwealth who, having read or studied such parts of the

proceedings in the Superior Court as have appeared in the public

press, have serious doubts as to whether these two men have had a

fair trial._

_They were, as the law requires, tried by a judge and jury and found

guilty. Motions for a new trial on grounds of newly discovered

evidence were heard by the same judge and denied. Exceptions on

points of law were taken to the Supreme Court and unanimously

overruled. But the Supreme Court could not under our law reconsider

and revise the findings of fact of the trial court or the exercise

of the trial judge’s discretion. Hence have arisen the doubts of the

citizens for whom we venture to speak._

_Knowing well your sense of justice, your integrity of purpose, and

your courage when assured of the rightness of your position, we ask

with great earnestness that you call to your aid several citizens of

well known character, experience, ability, and sense of justice to

make a study of the trial and advise you. We believe that it is due

to the exceptional conditions of the case, to yourself, and to the

State that these doubts be allayed and that it be made evident to

all citizens that the Commonwealth has done full justice to herself

as well as to these men, and also that you may have strong and

intelligent support in whatever decision you may make._

_Rt. Rev. William A. Lawrence_

Additional signatures were superfluous. Nevertheless, as if to

underline his position, the Bishop took care to have his letter

signed by three most proper Bostonians—fellow Harvard Corporation

member Charles Curtis, Jr.; Hernan Burr, as well known in the city as

a lawyer and financier as he was unknown elsewhere; and Roland Boyden

of Ropes, Gray, Boyden and Perkins, a law firm whose name was said to

have such magic force that it was seldom mentioned; one only thought

it.

The letter was not immediately made public. Meanwhile, on April 12,

Representative Roland Sawyer, a Congregational minister who for

fourteen years had represented Ware and several other small western

Massachusetts towns in the state legislature, drew up a resolution

which he presented in the House of Representatives to provide for a

special commission “to examine and review the proceedings of the

Commonwealth against Nicola Sacco and Bartolomeo Vanzetti.” Sawyer

realized that the measure had no chance of passing but he felt that

a public hearing on it would be the informal equivalent of a trial,

and that additional evidence there presented would undermine the

prosecution’s case to such an extent that it would make the carrying

out of the death sentences impossible. Thompson favored Sawyer’s

plan, but Frankfurter, after meeting with the Defense Committee in

a downtown law office, decided against it. He told Sawyer that he

had confidence in Fuller. Sawyer’s resolution was rejected in the

legislature by a rising vote of 146-6.

Tragedy in Dedham · 第 36 / 48 段