Stratton, chosen by Fuller at Lowell’s suggestion so that the

committee would not seem too much of a Back Bay family affair, was

an Illinois farm boy who had made himself into a mathematician,

physicist, and engineer. As president of one of the country’s great

scientific schools he inhabited a Cambridge divorced from the old

literary associations. It was predicted that he would be of great

help in evaluating the ballistics evidence and other technical

points. So far as can be determined he never opened his mouth during

the sixteen days that the committee met.

* * * * *

When it turned to the ballistics evidence, the Lowell Committee

was undoubtedly greatly influenced by the findings of Major Calvin

Goddard, a New York expert who came to Boston at the end of May on

his own initiative, bringing with him a comparison microscope and

offering to make what he maintained would be conclusive tests on the

shells and bullets offered in evidence at Dedham. He was accompanied

by William Crawford, a reporter from the New York _World_, who called

on Thompson to ask if he would cooperate in the holding of the tests.

Resentful of Crawford’s contemptuous remarks about Dr. Hamilton,

Thompson declined but said he would put no obstacles in Goddard’s

way. Ranney, for the district attorney’s office, had no objections.

When, in preparation, Goddard demonstrated his double-image

microscope to Hamilton’s supporting expert, Professor Gill, the

latter was so taken with “the simplicity and accuracy of its

findings” that he not only recommended its use to the governor but

announced that he himself would abide by the results.

With Gill, Ranney, and Ehrmann present, as well as a stenographer and

Frank Buxton and Thomas Carens of the _Herald_, Goddard examined the

evidence in the clerk of courts’ office at Dedham on the afternoon of

June 3. Comparing Bullet III with a test bullet fired from Sacco’s

pistol, he suggested that Gill make the same comparison. “Well, what

do you know about that?” Gill muttered to himself as he looked into

the microscope. Goddard’s conclusion was that the mortal bullet

taken from Berardelli’s body had been fired through Sacco’s pistol

and could have been fired through no other. Gill, too, now became

convinced of this, despite his earlier findings to the contrary.

Ehrmann, examining the identifying scratches on the base of Bullet

III, remarked that they were irregular and almost indecipherable

compared with the scratches on Bullets I, II, and IV.

Looking at the shells through his microscope, Goddard concluded that

Shell W had been fired in Sacco’s pistol and could have been fired in

no other. Ehrmann, Buxton, and Carens did not find the comparison of

the shells conclusive.

Soon after these tests, Gill told Thompson that he now doubted his

original findings and wished to sever all connection with the case.

His disavowal was followed by one from James Burns, another of the

defense experts, who had recently become convinced, after studying

certain microphotographs made earlier for Captain Van Amburgh, that

the Fraher shell had been fired in Sacco’s gun.

Goddard’s report was forwarded without comment to Governor Fuller and

to the Lowell Committee. Goddard claimed afterward that his tests

would have been even more satisfactory if a sticky substance coating

the bullets could have been removed. Ranney had been willing to have

the bullets cleaned but Thompson refused to approve of this under any

circumstances, adding that he believed there had been trickery and

that the prosecution had made a substitution of bullets and shells

among the exhibits. Goddard in turn said he had no opinion as to the

genuineness of the exhibits, although he agreed that the scratches on

Bullet III were less clear than on the others.

Before leaving Boston, in a deflating interview with Thompson,

Goddard admitted that he had come to town with an adverse opinion

about Sacco already formed, the result of studying Van Amburgh’s

microphotographs. When he went on to express doubts about Hamilton,

Thompson produced a letter that the aspiring Goddard had written the

druggist-expert in 1924, asking his advice about starting a career

in ballistics identification. Goddard’s reply was that he knew more

about Hamilton now than he had known in 1924, and the interview ended

with Thompson angrily defending Hamilton as a man of honor.

The uncertainty that eventually clouded the reputations of all the

ballistics experts in the case enveloped Goddard three months after

he left Boston. In Cleveland, several weeks after a bootlegger,

Ernest Yorkell, was shot to death, the police arrested a Frank

Milazzo with a revolver in his possession similar to the murder

weapon. Two bullets from Yorkell’s body and several test bullets

from Milazzo’s gun were submitted to Major Goddard in New York. When

Goddard reported that one of the murder bullets and one of the test

bullets had been fired from the same gun, Milazzo was charged with

the murder. Unfortunately for Major Goddard, though not for his

comparison microscope, Milazzo was able to prove that he had bought

the revolver new a month after the shooting. Goddard attributed

his mistake to a bullet mixup by the Cleveland police. Although it

was never determined whether the fault was his, he had apparently

compared the two murder bullets.

* * * * *

In the unconfessed course of events, Madeiros, following his second

trial, would have been electrocuted during the week of September

5, 1926, but the motion and appeal based on his confession brought

him a series of reprieves. Not until late in Governor Fuller’s

Sacco-Vanzetti investigation did he see Madeiros personally and then

for only fifteen minutes.

_In his testimony to me_ [_the governor reported_] _he could not

recall the details or describe the neighborhood. He furthermore

stated that the Government had double crossed him and he proposed to

double cross the Government. He feels that the District Attorney’s

office has treated him unfairly because his two confederates who were

associated with him in the commission of the murder for which he was

convicted were given life sentences, whereas he was sentenced to

death. He confessed the crime for which he was convicted. I am not

impressed with his knowledge of the South Braintree murders._

Madeiros gave a different interpretation of the interview to Thompson

when the lawyer next visited him. Over a year later in connection

with another case Thompson related on the witness stand what Madeiros

had told him:

“Madeiros said that Governor Fuller began the interview by saying

that he understood that Madeiros said that he thought he had been

given—I think the expression was, ‘a raw deal,’ or something

indicating double-dealing or improper dealing by the Government, and

that Madeiros said that Officer Ferrari of the State Police had given

him a promise of second-degree murder if he confessed the murder....

The Governor said if he was satisfied that any such promise had been

made he would do something for Madeiros. The Governor then said,

before waiting for any reply from Madeiros, according to Madeiros’

statement to me, ‘You do not know anything about the Sacco-Vanzetti

case, do you?’ And Madeiros said he did, and the Governor asked him

if he was in the car with the other men who committed the murder in

South Braintree, the South Braintree murder, and Madeiros said that

he was, and the Governor then said, ‘So you are a double murderer; I

will do nothing for you.’”

Fuller unquestionably said something of the kind to Madeiros,

although the meaning remains double-edged. Defenders of Sacco

and Vanzetti have interpreted it as an offer to trade Madeiros a

commutation for a recantation of his South Braintree confession.

Others have maintained that the governor would not have been foolish

enough to risk his reputation by making any such offer to an admitted

liar like Madeiros.

But there is still another possible explanation. From the governor’s

attitude to the later witnesses appearing at his investigation, it

seems fairly certain that at this stage he had come to believe Sacco

and Vanzetti were guilty. And if he felt they were guilty, Madeiros’

confession could only have seemed a fraud. When Fuller talked with

Madeiros and the latter still stuck to his story, the governor might

well have snapped back that he would do nothing for him. If so, it

was a remark spoken in anger rather than a premeditated offer.

CHAPTER EIGHTEEN

THE PUBLIC AND THE LOWELL COMMITTEE

Not only in Europe but around the world—in Shanghai, Tokyo,

Melbourne, Calcutta, Buenos Aires—the names Sacco and Vanzetti were

by now familiar syllables and the image had become fixed of two

dissenters from the American way of life being done to death for

their dissent. Where scores and then hundreds had demonstrated in

isolated groups, now in the approaching climax thousands thronged to

vast and passionate assemblies that somehow, the participants felt,

by their very vastness and passion might force the Massachusetts

executioners to stay their hands. There was a fierce joy, too, in

such protests, a tensing of muscles, a sense of unity and a feeling

among the urban masses that in their increasingly turbulent protests

against the fate of Sacco and Vanzetti they were protesting against

their own isolation and their own fate.

To Continental intellectuals disillusioned by the collapse of

Wilsonian idealism, the Sacco-Vanzetti case was one more devastating

example from postwar America, to be set beside Prohibition, Chicago

gangsters, the white-sheeted Ku Klux Klan, and the Tennessee monkey

trial. The fate of the two men was what one might expect from the

heartless materialism of the transatlantic republic that had won a

war with its money and the blood of others and now wanted the money

back.

In July, Mussolini wrote to the American ambassador in Rome “not as

the head of the Italian Government but as a man who is sincerely your

friend,” asking for a commutation of sentence as an “act of humanity

so much more noble as it is less delayed.” Shrewdly the Duce pointed

out that

_The agitation of the elements of the left throughout the world is

increasing in intensity, in these last days, as is shown by the bombs

thrown in Buenos Aires against the Ford establishment and the statue

of Washington._

_Now if the act of clemency is held back still longer it may give

the impression that the American authority may have yielded to the

pressure of this world-wide subversive activity and this impression

can injure the prestige of the United States._

_I hope that His Excellency Governor Fuller may give an example of

humanity. The example will brilliantly demonstrate the difference

between the methods of Bolshevism and those of the great American

republic as well as strike from the hands of the subversive elements

an instrument of agitation._

In the last pitched months conservatives determined to show that

they, no less than the radicals, were concerned with human rights as

exemplified by the fate of the two Italians. The royalist _Action

Française_ now protested the course of Massachusetts justice in

as shrill a tone as the Communist _L’Humanité_. The conservative

_Frankfurter Zeitung_ spoke out with the vehemence of the liberal

_Berliner Tageblatt_. Even the shadowy Alfred Dreyfus emerged from

his seclusion to announce that he was willing to go to America to

plead for Sacco and Vanzetti.

Communist propaganda continued, bizarre and embracing. The day after

Judge Thayer pronounced sentence, _Pravda_—remembering Edgar Allan

Poe but apparently confusing Charlestown with Charleston—reported

that Sacco and Vanzetti had been held for several years in a torture

prison in South Carolina where they had been confined “in a specially

constructed padded room having a mirrored ceiling on which appeared

at intervals a spot which gradually took the form of a terrifying

open-jawed creature. Meanwhile, a human voice shouted: ‘Tell the

names of your accomplices!’”

H. G. Wells, after reading Frankfurter’s _Atlantic_ article, became

so indignant that he proposed the word _Thayerism_ to describe “the

self-righteous unrighteousness of established people.” Millions read

his angry statement in the London _Sunday Express_ for June 5, 1927:

_I do not see how any clear-headed man, after reading the professor’s

summary, can have any other conviction than that Sacco and

Vanzetti are as innocent of the Braintree murder, for which they

are now awaiting death, as Julius Caesar, or—a better name in this

connection—Karl Marx._

Within the United States Italians generally were behind the two

prisoners because they were _paisani_. Their anarchism did not

matter. The same North Enders who first came to support the

Defense Committee would a few years later support Mussolini’s

African campaign and fill the windows of Hanover Street shops with

photographs of Ethiopian atrocities. Other foreign groups, like the

Jewish enclaves in New York and Boston, would find themselves drawn

sympathetically to the defense of Sacco and Vanzetti out of their

socialist tradition and their own bitter experiences of race hate.

American union members never came to identify themselves with the

cause of Sacco and Vanzetti as did their counterparts in Europe.

Moore had had enough contacts to engineer resolutions asking for a

new trial through the American Federation of Labor conventions of

1922 and 1924, but such resolutions would not be presented again

until the winter of 1926-1927. In the last months of the case

President William Green of the American Federation of Labor added

his protest against the impending executions, but in the Indian

summer of the Coolidge prosperity the rank and file union members

were at best lethargically sympathetic. When, the week before

the execution of Sacco and Vanzetti, the Defense Committee sent

out an appeal for a hundred thousand trade-union members to come

to Boston in protest, less than two hundred showed up. Elsewhere

than in the big cities with their heavy foreign populations the

American worker was not class-conscious enough to see Sacco and

Vanzetti as his representatives. He found the erotic enticements

of the New York trial of Ruth Snyder, a suburban housewife, and

her corset-salesman lover Henry Judd Gray for the murder of Ruth’s

husband more enticing than the brief final scene in the Dedham

courtroom. He took Lindbergh’s solo flight across the Atlantic on May

20, 1927, much more to heart than the erosive progress of Sacco and

Vanzetti toward the electric chair. He was more concerned with the

second Dempsey-Tunney fight, scheduled for September, than with the

Massachusetts executions scheduled for July.

In the six years since John Codman, Mrs. Evans, Mrs. Jack, and other

members of the New England Civil Liberties Committee had appealed

for defense funds, the New England Committee and the parent American

Civil Liberties Union in New York had remained steadfast in their

support. Frankfurter’s article was in a sense a culmination of their

efforts. They had by their prolonged and reiterative publicity made

the cause of Sacco and Vanzetti intellectually fashionable. Those

whose names rang the changes in the last months of the case, now made

their rather flamboyant appearance. Officially the civil-liberties

groups kept their distance.

When Moore was in charge of the defense, publicity was oriented

toward the radicals, but with the coming of Thompson and Gardner

Jackson the appeal was directed much more to what the class-conscious

Lyons would have considered “handwringing” liberals. Thompson

disapproved of pamphlet wars, of the case being tried in the streets.

Both he and Frankfurter wanted to avoid further antagonizing the

Massachusetts community. Sometime in July 1927, when the Defense

Committee had arranged to hold a protest meeting at Faneuil Hall,

Frankfurter discreetly vetoed the idea.

Those who (in that jagged term that had emerged with the Russian

Revolution) considered themselves the intelligentsia accepted the

innocence of Sacco and Vanzetti and the guilt of Massachusetts as

a matter of faith. It became a shibboleth of the liberal academic

mind, just as within Boston their guilt had become a conservative

shibboleth—in both cases a hotly held nonrational belief. Academic

conformity, which—though usually opposed to—is even more rigid

than middle-class conformity, belatedly took up the Sacco-Vanzetti

cause, in part with sincere deliberateness but more often as a

fervent avant-garde gesture. The 381 protesting petitioners from

Mount Holyoke, the 326 from Bryn Mawr, the 203 from Wellesley, the

faculty and 650 students from the University of California, the 36

Amherst faculty members, the hundreds of bloc names from so many

other American colleges and universities, knowing only a smattering

of the case, were making a reflex response to an appeal to themselves

as an elite. In May, 61, members of assorted law faculties that

included Yale, Columbia, Cornell, and the Universities of Kansas,

Indiana, Ohio, Illinois, Minnesota, Missouri, Alabama, and Texas,

petitioned Governor Fuller for a commutation on grounds of reasonable

doubt. Dean Robert Hutchins of the Yale Law School, one of the

minority who had read the record, wrote an open appeal in which he

castigated Katzmann’s cross-examination of Sacco. Three-quarters of

the graduating class of the Harvard Law School, in defiant contrast

to the State Street alumni majority just across the river, signed

a request for a new trial. Professor Glenn Frank of Wisconsin, Dr.

Alexander Meiklejohn, former president of Amherst, Mount Holyoke’s

Professor of English Jeannette Marks, and President Ellen Fitz

Pendleton of Wellesley added their academic pleas.

As the New England spring slipped into summer, the roster of those

opposing the impending execution and demanding a new trial added

names as diverse as Norman Thomas, Jane Addams, Alfred Landon,

Senator Robert La Follette, the Right Reverend Chauncey Brewster

of Washington Cathedral, Sherwood Eddy, John Dewey, the Reverend

Harry Emerson Fosdick, Dean Christian Gauss of Princeton, H. L.

Mencken and Dean Edward Devine of the American Catholic University.

Congressman Emanuel Celler of Brooklyn announced that he would

introduce a measure in the next session of Congress to compel the

attorney general to open the Department of Justice files concerned

with Sacco and Vanzetti. On June 22 Joseph Moro, Gardner Jackson, and

Mary Donovan appeared at the State House on behalf of the Defense

Committee with a giant rolled petition for a public investigation,

containing 474,842 names from all countries. Two weeks later the

committee forwarded 153,000 additional names collected by the Swiss

Union of Workers.

Within Massachusetts the reaction of the general public to such

high-placed outside criticism was one of embittered, unreasoning

hostility. A former district attorney said that it would be better

even for two innocent men to be electrocuted than for public

confidence in the established order of judicial procedure to be

broken down. John C. Hull, the Speaker of the Massachusetts House of

Representatives, received prolonged applause when he announced at a

banquet that the Commonwealth’s demand of outsiders was this: “We

would respectfully ask you to mind your own business.”

Such was the reaction of the well-born and the well-to-do. The

reaction of what William Butler Yeats called “the little streets”

was even more savage. In the massed streets of South Boston and

Charlestown and Brighton and Ashmont there was a virulent hatred

of Sacco and Vanzetti, coupled with a social jealousy of the

better-known colleges and universities, a smoldering distrust of the

professorial stance, a suspicion of academic attainments as being

tainted with subversion. If the wiser-than-thou professors from

Harvard and Yale were now taking it on themselves to proclaim that

Sacco and Vanzetti should be freed—then so much the worse for Sacco

and Vanzetti!

Sans-culotte anti-intellectualism echoed in a speech of Registrar of

Motor Vehicles Frank Goodwin to the Lawrence Kiwanis Club:

_It is impressive fact that the nearer we get to the scene of

this murder the more convinced are the people that these men are

guilty.... The citizens of Norfolk County know these men are guilty.

On the other hand, in those domains where foreign and un-American

principles are in vogue, such as Russia, Harvard, Argentine,

Wellesley, China and Smith, they are sure these men are innocent....

The leader of the movement to set these two murderers free is Felix

Frankfurter._

Professor Hocking might announce with urbane indignation from the

platform of Boston’s Community Church that he believed Sacco and

Vanzetti “as innocent of that murder as you or I.” Bishop Lawrence

and the Dean of Washington Cathedral might entertain refined

Episcopal doubts. But for the Reverend Billy Sunday—the preacher of

the little streets—hoarsely saving the city from the fate of Sodom at

Tremont Temple, no doubts existed. “Give ’em the juice,” he rapped

out from the pulpit. “Burn them, if they’re guilty. That’s the way

to handle it. I’m tired of hearing these foreigners, these radicals,

coming over here and telling us what we should do.”

* * * * *

For five weeks after their sentencing Sacco and Vanzetti occupied

adjoining cells in the Dedham jail. It was the first time since

their arrest that they had been together for any length of time.

Those shadowed weeks turned out to be the most serene of their

imprisonment. Everyone who met Vanzetti remarked on his composure.

Sacco, having decided not to struggle further against the fate

he considered inevitable, attained a tranquillity that gave the

surface appearance of cheerfulness. “As you know,” he wrote with wry

unaccustomed humor to Mrs. Henderson, “I am still living at the same

hotel, the same room, and also at the same old number 14—but on the

first of July probably, they will bring us to the death house, and

from there to the—eternity.”

A friend had brought Sacco a _boccie_ set, and the two prisoners were

allowed to bowl in the yard each afternoon for an hour and a half.

Vanzetti began to take morning exercises and wrote Mrs. Winslow that

he felt a new man. His cell was always filled with flowers from Mrs.

Evans and other friends. As he described it:

_My window here is peopled of recipients, it is a riot of blissing

colors and beauties forms: a giranium plants a tulipan plant from

Mrs. Evans. White flowers, pink carnations, roseate peaches, buds,

and flowers, bush-yellow flowers from Mrs. Jack, and a boquet of May

flowers from Mrs. Winslow._

Flowers he asked for instead of sweets, though as for tobacco—as

he himself admitted—he smoked like a Turk. Being under sentence of

death, and so exempt from prison work, he now had much more time to

read and write. For Mrs. Jack he translated the last stanza of Gori’s

revolutionary hymn, “May First”:

_Give flowers to the rebels failed

With glances revealed to the aurora

To the gayard that struggles and works,

To the vagrant poet that dies._

Even the free jail days were too short for him. After nine when the

lights went out he would prop himself up with a pillow against the

wall, a blanket over his shoulders, using the corridor light coming

through the bars to read some book that Mrs. Evans had just given him.

During the visiting periods Rosa came daily with the children for

the allowed half-hour, and Sacco noticed lovingly how big Ines was

growing and that Dante’s face was burned from the spring sun. Mrs.

Evans came almost as regularly to see Vanzetti.

Tragedy in Dedham · 第 38 / 48 段