Sunday’s rain continued into Monday, leaving the city and the State

House streaked with fog. Fuller returned from New Hampshire early in

the morning and again told the waiting reporters his decision would

be ready on Wednesday. During the morning he talked with Jackson,

Moro, and other members of the Defense Committee. In the afternoon he

spent several hours with the Brockton policemen, Connolly and Vaughn,

and after they left he conferred with John McAnarney. During the day

he sent for Judge Thayer, who was spending his vacation at Ogunquit,

Maine. Thayer arrived at the State House a little after six. The

reporters noted that the governor’s mood seemed genial. They thought

it a good omen for the prisoners.

Tuesday morning the governor was closeted with Assistant District

Attorney Ranney. At lunch time he informed reporters that he had

seen 102 witnesses besides those from the Plymouth trial. That day,

however, the fate of Sacco and Vanzetti was overshadowed by the

noontime news from the Summer White House in the Black Hills of South

Dakota where Calvin Coolidge had just announced: “I do not choose to

run for President in nineteen twenty-eight.” Boston political gossips

at once recalled how the vacillating governor had made himself

nationally known as Law and Order Coolidge by what seemed, at least

outside Massachusetts, to have been his firmness in handling the 1919

police strike. Perhaps there would be a Law and Order Fuller now,

another President from the Bay State.[29]

The week between the submission of the Lowell Committee’s report

and the governor’s decision was one of vexing suspense that added

to the growth of Sacco-Vanzetti militancy all over the world. Even

the apolitical sports-minded newspaper readers in America, who had

remained so far indifferent, could no longer restrain their curiosity

as to the outcome of this mortal contest. Life and death, the

seven-year issue with all its implications, now lay in the stubby

hands of the ex-bicycle mechanic.

Correspondents from the various newspaper services had come to Boston

and set up their headquarters in the State House press gallery next

to the balcony entrance of the House of Representatives. For the

first time in Massachusetts history permission was given to run in

telegraph wires from outside. The news for the first three days,

however, was scant: the names of a few last witnesses, the rare

glimpse of the governor, a brush-off remark from Hard-boiled Herman.

Time seemed out of focus. The newsmen waited in the corridor outside

the executive chambers, wandered through the Hall of Flags, made

notes in the House balcony under the suspended Sacred Cod totem.

Wednesday, August 3, broke fair in Boston, with the fog bank receding

along the line of harbor islands. Fuller put in a brief appearance at

the State House, told the reporters he would give them the news at

8:30 that night, then announced he was leaving town to put the last

touches on his decision. Actually he went no farther than a suite at

the Ritz-Carlton at the other end of the Public Gardens, where he

shut himself up with a Boston newspaperman, Edward Whiting, who did

the actual writing, since the self-made governor was not capable of

such sustained literary effort.

Just after dusk a crowd of several hundred gathered across the street

from the State House, looking up at the five lighted windows in the

left wing of the otherwise darkened building until dispersed by the

police. At the Hanover Street defense headquarters the two littered

rooms were filled with tense silent figures. Mary Donovan sat by the

telephone to answer calls in English, Moro took over when the caller

was Italian. Frankfurter, in his shirtsleeves, squatted on a bale of

papers. Gardner Jackson kept dashing to and from the State House.

Most of the others were Italians from the North End. The thin light

from an unshaded fixture drew out the lettering on the wall posters

in bas-relief: JUSTICE IS DEAD in German; CALVARY OF SACCO AND

VANZETTI in Italian; a Mexican poster demanding LIBERTY AND JUSTICE.

At the State House a score of reporters were waiting at the

double-doored entrance to the executive chambers when Fuller finally

reappeared at 8:26, his plump face set and unsmiling above his

starched collar. He brushed past, impervious to questions. At 8:50 he

reappeared, and read out a statement he had scribbled on the back of

an envelope:

“I am very sorry not to oblige you with an interview. I can

truthfully say that I am very tired and I trust the report will

speak for itself. I would prefer not to indulge in any supplementary

statement at this time.” He promised that copies of the decision

would be distributed at 9:30.

Nine-thirty passed into ten, with still no sign from behind the

closed doors. There was the same impersonal sense of tension as

when a jury is out, the same unreality of the immediate moment. The

reporters walked up and down the darkened echoing corridors, talking

and smoking. Most of the crowd driven away from the State House had

drifted downtown to Newspaper Row. Hundreds gathered in front of the

_Globe_ and _Post_ buildings to watch the blackboard bulletins. It

was a strangely quiet crowd. A _Globe_ reporter looking down from

the second floor at the upturned heads wondered how anyone could

tell what they were thinking. The director of Station WEEI had held

an announcer ready all evening to go on the air with a special

bulletin; now that the closing hour of eleven was approaching, he

debated whether he should shut down. Mary Donovan and Moro at defense

headquarters kept repeating over the telephone, “No news, Nothing

yet.” Louis Stark, pacing the State House corridor, began to doubt

whether he would be able to meet the _Times’_ 11:30 deadline.

Finally at 11:25 the double doors opened and Hard-boiled Herman

appeared with several clerks who carried copies of the decision

in sealed envelopes, each addressed with the name of a newspaper.

Stark sprinted for the marble stairs, ripping open his envelope and

flipping through the pages:

_I believe ... Sacco and Vanzetti ... had a fair trial._

The telegraph operator was still holding the wire open to the Times

city room. “_Bulletin_,” Stark shouted as he reached the door of the

press gallery. “They die!”

The words flashed across the world from the ten telegraph wires.

Within minutes they were chalked up on the _Globe_ bulletin board,

broadcast to New England by the waiting WEEI announcer, headlined on

the morning editions that would shortly whip off the presses.

The morning papers carried the full text of the decision. Fuller

announced that he had set himself three tasks: to see whether the

jury trial was fair, whether the accused were entitled to a new

trial, and whether they were guilty or not guilty. Of Thayer he wrote:

_I see no evidence of prejudice in his conduct of the trial. That

he had an opinion as to the guilt or innocence of the accused after

hearing the evidence is natural and inevitable._

The governor did not consider that any of the supplementary motions

presented valid reasons for granting a new trial. He gave no weight

to Madeiros’ confession, nor was he impressed with the latter’s

knowledge of the South Braintree crime. His conclusion and, he added,

the unanimous conclusion of his advisory committee was that Sacco and

Vanzetti were guilty.

Warden Hendry kept the news from the prisoners until the next morning

when Thompson arrived with Rosina and Felicani. While the other two

stood behind him with bent heads, Thompson quietly told the prisoners

that they must die. Sacco appeared unruffled. “I told you so,” he

called to Vanzetti in the next cell. Vanzetti seemed stunned. “I just

can’t believe it,” was all he said. Madeiros said nothing at all.

After Rosina had left, Sacco sat down and wrote an open letter to his

“Friends and Comrades.” Over the years his neat script had become

increasingly stylized, and in this moment the copperplate regularity

of his lines could have served for a formal invitation:

_From the death cell we are just inform from the defense committee

that the governor Fuller he has desede to kill us Ag. the 10th we our

not suprised for this news because we know the capitalist class hard

without any mercy the good soldiers of the rivolutions. We are proud

for death and fall as all the good anarchist can fall. It is up to

you know o, brothers comrades! as I have tell you yesterday that your

only that can save us because we have never had faith at the governor

for we have always know that the gov. Fuller—Thayer and Katzmann are

the murders._

Vanzetti’s blasting reaction found its outlet in a scarcely legible

scrawl, the direct opposite of Sacco’s passive acceptance:

_Governor Alvan T. Fuller is a murderor as Thayer, Katzmann, the

State perjurors and all the other. He sake hand with me like a

brother, make me believe he was honestly intentioned and that he had

not sent the three carbarn-boy to have no escuse to save us._

_Now, igoring and denia all the proofs of or innocence and insult us

and murder us we are innocent._

_This is the way of plutocracy against liberty, against the people.

Revenge our blood. We die for Anarcy. Long life Anarcy._

Yet by afternoon Vanzetti had so recovered himself that he was able

to give Mrs. Evans a remarkably detached view of Fuller.

_We are his opposite all at all and all in all, while our enemies are

affines to him in all-most everything. Consciousely, subconsciousely

and unconsciousely he cannot escape to be tremendously influenced and

predisposed against us. But he gave me the impression he is sincere;

had made great efforts to learn the truth and was not settled, at

least deliberately, against us, before to begin his inquiry._

_If he is sending us to death, it does not matter how honestly the

Governor can be convinced of our guiltiness, his conviction will not

make us guilty—we are and will remain innocent._

Fuller’s adverse decision was for Thompson the end of the road. There

might be hasty appeals to the state and federal supreme courts, all

the delaying paraphernalia of certiorari and habeas corpus, with at

best the addition of a few extra weeks to lives he was convinced

were forfeit. Thompson felt a profounder sense of failure than

Moore’s, for his world had failed—that pleasantly circumscribed

world of Boston into which he had fitted so easily. He had believed

that the venerable institutions of Massachusetts to which he gave

his allegiance would render justice even to two obscure foreigners,

would rectify the aberrations of a prejudiced trial and the blind

partisanship of a bigoted judge. Instead, the institutions had

savaged these men, and now were preparing to annihilate them. In

these institutions and in the comfortable society they guarded he

could no longer believe. A Harvard class day would never seem the

same to him again, a Sunday sermon at the sedately familiar Church of

the Redeemer would never sound the same. The brick fronts of Beacon

Hill would have lost their mellowness. A traditionalist still, in

the years that followed he faced Boston and complained of the lack

of a responsible aristocracy that could restrain what he called “the

shopkeeper’s mentality.” He tried to compensate for his disbelief in

his class by participating in liberal causes, taking the stump at

elections, speaking at legislative hearings and in the Massachusetts

Judicial Council. But the gesture had lost its meaning, the spark had

gone from his life.

He had already told Frankfurter that he would not continue. On

receiving the news of the governor’s decision, he and Ehrmann sent

the Defense Committee their formal resignation, explaining:

_We feel that the defendants are now entitled to have the benefit of

the judgment of counsel who can take up the case untrammelled by the

commitments of the past and less disturbed than we are by a sense of

injustice._

Frankfurter at once telephoned Arthur Hill to say that he had a most

serious matter to discuss with him. They lunched at the Somerset

Club, then crossed Beacon Street and sat on a bench on the Common

overlooking the Frog Pond. Frankfurter asked Hill if he would

undertake the final appeal of the Sacco-Vanzetti case to the Supreme

Court. Hill did not share Thompson’s belief in the men’s innocence,

but he did believe they had not had a fair trial. He felt he could

not refuse to make the effort on their behalf.

First of all he persuaded Elias Field and Richard Evarts to join

him as junior counsel. Then on the morning of August 5 he called

a conference in his office of Frankfurter, Ehrmann, and Musmanno.

It was a conference of desperation, as Hill, beneath his assured,

impervious exterior, was well aware. So it was felt by everyone

present except for the buoyant Musmanno. There were only a few legal

maneuvers left, and time was running out like quicksilver from a

broken thermometer. Hastily they evolved a program. They would file

a motion in Dedham for a new trial and revocation of sentence on the

grounds of Judge Thayer’s prejudice. They would request Chief Justice

Hall of the Superior Court to assign a judge other than Thayer to

hear the motion. They would petition Governor Fuller for a stay of

execution. They would file a motion in the Supreme Court for a writ

of error, a writ of habeas corpus, and a stay of execution.

Musmanno arrived next morning at the clerk of court’s office with a

sheaf of affidavits from Mrs. Bernkopf, Mrs. Rantoul, Frank Sibley,

George Crocker, Robert Benchley, Professor Richardson, and Chief

Gallivan. He had also dug up a new witness of the South Braintree

crime, Candido Di Bona, whose peculiar version of the event was

that the driver of the Buick had been a gray-haired man, the two

men leaning against the Rice & Hutchins fence had been about

eighteen years old, and that there had been a fourth man wearing a

soldier’s uniform and carrying a rifle. Hill and Field, arguing on

Thayer’s unsuitability, got nowhere at all with Chief Justice Hall,

who retired into legal phraseology to observe that “precedent and

established practice require that the said motions in the said cause

should be heard by the judge who had presided at the original trial

thereof.” He then directed that the motions should be heard before

Judge Thayer on Monday, August 8.

* * * * *

Musmanno had more to think of than his affidavits as he drove to

Dedham on that August Saturday, for the morning papers were splashed

with accounts of a series of bombings that had wrecked four New York

subway and elevated stations the night before. Between 11:17 and

11:37 tremendous explosions had occurred at Times Square, and on

Fourth Avenue at Thirty-third, at Twenty-eighth and at Twenty-third

streets, destroying surface kiosks, blowing sidewalks into the

air, and shattering windows a hundred yards away. Only one person

was killed, but numbers were injured. The same night the Emmanuel

Presbyterian Church in Philadelphia was bombed, as was the house of

the mayor of Baltimore. None of the bombers was ever discovered—in

that respect the police kept their record unblemished.

Two days later bombs did heavy damage in Utica, New York. News

came—undoubtedly exaggerated—of a wave of bombing overseas. Whether

or not the bombings were the result of Governor Fuller’s decision,

a renewal of the anarchist propaganda of the deed, most Americans

thought that they were. That week Massachusetts businessmen took

out two hundred million dollars’ worth of bomb and riot insurance.

Boston police were placed on a bomb alert, all leaves and vacations

were canceled, and the police commissioner ordered three hundred

rapid-fire guns for the riot squad. Filene’s sent John Dever away on

an indefinite paid vacation.

* * * * *

The full text of the Lowell Committee report was published in the

Sunday papers of August 7. Those concerned with the case spent the

better part of the day analyzing it. It was a curiously ambiguous

document. In regard to Sacco it concluded:

_The Committee are of the opinion that Sacco was guilty beyond a

reasonable doubt. In reaching this conclusion they are aware that it

involves a disbelief in the evidence of his alibi at Boston, but in

view of all the evidence they do not believe he was there that day._

As for Vanzetti:

_The alibi ... is decidedly weak. One of the witnesses, Rosen, seems

to the Committee to have been shown by the cross-examination to be

lying at the trial; another, Mrs. Brini, had sworn to an alibi for

him in the Bridgewater case, and two more witnesses did not seem

certain of the date until they had talked it over.... Four persons

testified that they had seen him.... His face is much more unusual

and more easily remembered, than that of Sacco. On the whole, we are

of the opinion that Vanzetti also was guilty beyond a reasonable

doubt._

What had the Committee meant by the phrase “on the whole” which

seemed in itself to imply reservations about “reasonable doubt”? Did

the Committee still feel some residual doubt in regard to Vanzetti?

That was just one of the enigmas of the report. As for Madeiros:

_His ignorance of what happened is extraordinary, and much of it

cannot be attributed to a desire to shield his associates, for it had

no connection therewith.... Indeed, in his whole testimony there is

only one fact that can be checked ... his statement that after the

murder the car stopped to ask the way at the house of Mrs. Hewins. As

this house was not far from ... where Madeiros subsequently lived, he

might very well have heard the fact mentioned._

With Grant a judge and Lowell a historian, the committee’s ignorance

of the law was at times astonishing:

_The impression has gone abroad that Madeiros confessed committing

the murder at South Braintree. Strangely enough, this is not really

the case. He confesses to being present, but not to being guilty of

murder.... If he were tried, his own confession, if wholly believed,

would not be sufficient for a verdict of murder in the first degree._

According to the law, of course, an accessory to a murder is equally

guilty.

As for the trial:

_The Committee have seen no evidence sufficient to make them believe

that the trial was unfair. On the contrary, they are of the opinion

that the Judge endeavored, and endeavored successfully, to secure

for the defendants a fair trial; that the District Attorney was not

in any way guilty of unprofessional behavior, that he conducted

the prosecution vigorously but not improperly; and that the jury,

a capable, impartial and unprejudiced body, did, as they were

instructed, “well and truly try and true deliverance make.”_

However, in a measured way, the committee censured Judge Thayer:

_From all that has come to us we are forced to conclude that the

Judge was indiscreet in conversation with outsiders during the trial.

He ought not to have talked about the case off the bench, and doing

so was a grave break of official decorum. But we do not believe that

he used some of the expressions attributed to him, and we think that

there is exaggeration in what the persons to whom he spoke remember.

Furthermore, we believe that such indiscretions in conversation did

not affect his conduct at the trial or the opinions of the jury, who

indeed, so stated to the Committee._

Judge Grant felt more troubled than his colleagues, as he indicated

later in his autobiography:

_It had fallen to me, at the request of my two associates, to examine

Judge Webster Thayer when he appeared before us at the State House.

The evidence that he had been grossly indiscreet in his remarks

off the bench was cumulative. I was amazed and incensed that any

Massachusetts Judge could have been so garrulous. That he had talked

he did not deny, but he declared under oath with convincing emotion

that several of the accusations against him—notably that of having

rehearsed a part of his charge to the jury—were untrue. When we came

to consider the language of our Report, I was asked, as the one who

ought to know how a judge should conduct himself, to suggest the

words of censure. They were used, and if my associates felt a shade

less outraged than I by his unseemly conduct, it was from a due sense

of perspective._

Most of the new evidence that the defense had unearthed appeared

to the committee inconsequential. The cap with the lining Gallivan

had torn was dismissed as a trivial matter. Gould’s evidence added

nothing new. Whatever affidavits Proctor may have signed later, “It

must be assumed that the jury understood the meaning of plain English

words, that if Captain Proctor was of the opinion that the bullet had

been fired through Sacco’s pistol he would have said so, instead of

using the language which meant that it might have been fired through

that pistol.” This, of course, was an assumption Judge Thayer himself

failed to make in his charge to the jury.

The committee did not mention Major Goddard’s report, but from

an inspection of the Van Amburgh parallel photographs they were

“inclined to believe” that Bullet III had come from Sacco’s pistol.

They were impressed by its similarity to the obsolete cartridges

found on Sacco. Thompson’s contention that this bullet was a

substitute they considered preposterous:

_Such an accusation, devoid of proof, may be dismissed without

further comment, save that the case of the defendants must be rather

desperate on its merits when counsel feel it necessary to resort to a

charge of this kind._

They found it a telling fact that the two men were armed when they

were arrested. “Carrying fully loaded firearms, where they can be

most quickly drawn,” they observed, “can hardly be common among

people whose views are pacifist and opposed to all violence.” That

Sacco could have put his pistol in his belt and forgotten about it

they found incredible.[30] Nor did they feel that the defendants’

radicalism explained all their lies. Lottie Packard’s whirlwind

remarks, for all their flights, impressed them. “The woman is

eccentric, not unimpeachable in conduct,” they concluded, “but the

Committee believe that in this case her testimony is well worth

consideration.”

* * * * *

To the militants in Europe the reports of Governor Fuller and of the

Lowell Committee set the official seal on what even the _Frankfurter

Zeitung_ now referred to as a “political judicial murder.” Letters

and cables to Fuller, to the Secretary of State, to the White

House, poured in from overseas, a certain lack of information and

spontaneity apparent in the fact that some of them were addressed to

President Harding, four years dead. The Vatican expressed its hope

that an appeal to the United States Supreme Court “may open the way

to justice or clemency.” Former French Premier Edouard Herriot asked

for a “measure of clemency.” _Le Soir_ reacted to the decisions “with

a sentiment of profound horror.” A past era echoed dimly when the

Veterans of the Commune forwarded their protest. In Paris the police

had forbidden all meetings, but in the Bois de Vincennes just outside

the city a group of five thousand bannered militants paraded with

linked arms behind Luigia Vanzetti. Luigia, passing through on her

way to America, carried a banner reading: PARISIAN PEOPLE, SAVE MY

BROTHER AND SACCO. THANKS.

Tragedy in Dedham · 第 41 / 48 段