CHAPTER X

THE LEGAL SYSTEM

I

On the 11th of September, 1920, the grand jury of Norfolk County

brought indictments against Nicola Sacco and Bartolomeo Vanzetti,

charging them with the murder of the paymaster and guard at South

Braintree in the previous April. This county shared with Plymouth the

same district attorney; and Nick and Bart were brought before the

same Judge Thayer. They pleaded not guilty, and the trial was set for

February. Meantime Bart went back to the tailor-shop at Charlestown,

serving his sentence for the Bridgewater crime; while Nick returned to

the county jail at Dedham--a very unhappy man, because they gave him

nothing whatever to do in this prison, and he nearly went out of his

mind.

Meantime a little group in Boston set about organizing what they

called the Sacco-Vanzetti Defense Committee. In the beginning it

consisted entirely of Italians, the foremost among them being Aldino

Felicani, anarchist printer, a tall, ascetic-looking young man,

soft-voiced and reserved. He would set up type for the circulars, and

translate them into Italian. Others would address envelopes, and visit

the meeting-places of radicals in neighboring towns, and circulate

subscription lists. So would come a few dollars here and a few dollars

there. At the outset there was no office, no secretary, only the

volunteer labors of a few comrades.

Joe Randall had finished his book on the “White Terror”; he had lost

hope of bringing it up to date, since events happened faster than pen

could move. Now he became a volunteer press agent for the committee;

he wrote news stories, and made carbon copies, and went about trying

to cajole this editor and that into giving a little publicity. With

him came another young journalist, Art Shields, a tireless worker;

you would see lights burning and hear typewriters clicking in the

office until two or three o’clock in the morning. Betty learned to

make speeches, and put her youth and beauty and social prestige to

work; she would visit labor headquarters and “vamp” the officials,

seeking to overcome the bitter prejudice of Irish-Catholic and Yankee

labor leaders against a pair of wops who were admitted to be infidels,

anarchists and draft-dodgers. Cornelia and Betty would go together to

places where they encountered ladies with blue blood ever so slightly

tinged with pink. The services the pair had rendered to the suffrage

cause--now victorious--gave them prestige, and they could get small

checks.

The Sacco-Vanzetti Defense Committee was from the outset a peculiar

organization. It consisted largely of a name, and nobody could say just

who were its members, or what was their authority. Those Americans who

later joined and helped to build it up did so from sympathy with an

oppressed group, and they served as a “front”; they were featured in

the newspapers, they made speeches, and conferred respectability. But

they did not know so much about the case, and naturally they had to

defer to the Italians in a crisis.

Among these latter, also, appeared a division; there was an Italian

“front”: such men as Felicani, the printer, and Felice Guadagni, the

journalist whom Cornelia had met when he came down to help in the

Plymouth cordage strike; also Rosina Sacco, wife of the prisoner, an

alert and intelligent woman, devoted to her husband’s cause. These

were known; but there were others who stayed in the background, and

in a time of crisis would reach out a hand, as it were from behind a

curtain, and influence a decision. These were anarchists, intimates

of Sacco and Vanzetti, and it was easy enough to understand why they

kept hidden; they stood in danger of deportation, and perhaps of being

accused of crimes, along with the two in jail. But it made committee

functioning difficult, when you never knew what decision would be

changed, or by whom, or for what reason. Public statements would be

prepared and issued in English, and then translated into Italian,

and the discovery would be made that the Italian version was quite

different, and even contradictory; yet it would not be known just how

this had happened.

There was the element of fear, and of course, the element of

suspicion. It was inevitable that the enemy should send spies among

the committee--and that these would be persons sufficiently cunning

to pose as “good radicals.” From first to last the prosecution was

fully informed as to everything that went on among the committee, the

decisions that were taken as well as the arguments and the quarrels.

These spies came and went; and after they were gone, they would joke

about how they had collected money for the cause and spent it having a

good time in their own fashion. Then you would hear the great ones of

Massachusetts, who had employed these spies, solemnly charging that the

funds of the committee had been stolen!

II

Among both English and Italian groups there were sharp divisions

according to political beliefs. Some insisted that this was a criminal

case, and should be handled as such; others thought it was a case of

labor persecution, to be featured as an episode in the class struggle.

Strange as it might seem, the anarchists for the most part took the

former view; they saw clearly that efforts to make anarchist propaganda

might not merely bring about a conviction of the two men, but might

get their defenders into trouble. But a socialist like Joe Randall

was free from such fear, and to him the case was an effort of big

business to put two of its dangerous enemies out of the way; he could

never write anything about the case that was not disguised propaganda

for socialism, and of course he did not like to have his propaganda

cut out by non-socialist members of the committee. Young persons like

Betty Alvin, who at this stage of her life insisted that she was a

communist--such young persons wanted to put in a different kind of

propaganda, and their persistence increased as the case grew more

conspicuous.

It was a controversy that would never cease, up to the very last hour,

and even beyond it--when men and women fought with deadly bitterness

over the question of what should be done with the ashes of the victims.

You saw the germs of it at the first meeting, when eight or ten

ill-assorted enthusiasts fell to discussing what kind of lawyer should

be employed for the trial. Should they get a labor man, who would make

an appeal to the movement throughout the country? Or should they get a

respectable lawyer, who would confer dignity upon the case, and impress

the public and the jury in the good old Boston way? Still another

possibility, should they look for a criminal expert, with knowledge of

the trickeries of a highly technical game? Joe and Betty united for

the first plan, Cornelia urged the second, while the Italians divided

between the first and third.

A powerful factor in the decision was, of course, the two prisoners,

who never wavered for a moment; to them it was a class-war case,

they were being persecuted because of their threat to the rich of

Massachusetts. To Vanzetti the very idea of respectability was an

insult, the idea of legal trickery nearly as bad. All such hopes would

prove delusive, and only the labor movement could save them. “Unless a

million men can be mobilized for our defense, we are lost!”--so he said

in the first days, and so he said in the last.

As for Sacco, he was even more extreme; shut up in his half-dark cell

in Dedham jail, he was like a rat in a trap, a creature all of steel

springs and fury. He brooded incessantly, and ate his heart out, and

never let himself be fooled by a hope. “They have got us, they will

kill us,” he would say; and whenever his enemies came near him, he

would throw his revolutionary convictions into their faces. “Viva

l’anarchia!” were his last words, and this summed up his attitude at

every stage of the seven years’ struggle.

III

Cornelia went downtown to have lunch with Henry Cabot Winters, who

knew all the lawyers in town. First he would make the protest which

family proprieties required; and then he would betray his secret

amusement--being in truth rather proud of his runaway mother-in-law,

who was telling the world to go to the devil in the very best “old

Boston” manner.

But this time Cornelia missed the usual twinkle in Henry’s fine dark

eyes. In the first place, the great lawyer was worried by some of the

things he had learned that Jerry Walker had learned about him. And

in the second place, Henry had been shocked by the Wall Street “bomb

explosion.” Five days after the indictment of Sacco and Vanzetti a

wagonload of explosives had gone off in front of the building of J.

P. Morgan and Company in New York, and thirty-three persons had been

blown to fragments. The newspapers were certain that this was the work

of anarchists, and the Boston _Traveler_ had come out with a full-page

article, to the effect that the crime had been traced to the Galleani

group, a vengeance for the arrest of the bandits, Sacco and Vanzetti.

“Mother, that is a horrible thing!” said Henry; and Cornelia said, yes,

it was indeed horrible for a newspaper to prejudge the case of two

accused men, and make it impossible for them to get a fair jury in the

community. Henry, as a lawyer, must know that such an article would

have that effect, and under the very strict laws of Massachusetts was

contempt of court.

But Henry did not discuss that aspect of the matter. “I am told,” said

he, “that the Boston anarchists made no attempt to conceal their glee

when they learned of that explosion.”

“Why should they?” said Cornelia. “If they had learned that an

earthquake had destroyed every building in Wall Street, they would

have been still more pleased; but that would not mean they control

earthquakes. Their glee expressed their conviction that the practices

of Wall Street cause boundless suffering to the workers of America; and

in that they are right.”

“Now, Mother,” said Henry, “let’s look at the menu. We don’t want to

get off on politics.”

Cornelia laughed. “I am always entertained to discover the identity of

attitude of my Back Bay and my anarchist friends. The anarchists don’t

want to get off on politics either, they share your faith in direct

action.”

Henry ordered the lunch; and Cornelia repeated what she had learned

from the radical papers, that the explosion had been caused by a

load of blasting gelatine, being illegally taken through the city in

the daytime; while Henry repeated what he had read in the capitalist

papers, that it was an anarchist bomb. He wanted to know, with some

irritation, “Do you think that anarchists never use bombs?”

“I have been told they sometimes do.”

“Yet you can be certain these two friends of yours never did any such

thing?”

“They aren’t accused of having done that, Henry.”

“I know. But people say--”

“What people, Henry?”

“Well, friends of mine who are in position to know the inside.”

“Will you tell me their names?”

“I can’t do that.”

“Did you ask who gave them the information?”

“No, but--”

“I am interested to watch the process of rumor. People say this and

people say that, and always when you try to get something definite,

there is nothing. Can you bring me a single fact, Henry--one that you

as a first-class lawyer would respect? I am ready to deal with it

honestly; and surely it’s worth the family’s while to keep me from

being led into a trap.” Cornelia looked her son-in-law in his dark fine

eyes, gravely and steadily; and he said all right, he would try to help

her.

IV

The waiter brought oysters, since there was an “r” in the month. And

after he had set down the crackers and the lemons and the paprika, and

made all the necessary flourishes, he went his way, and Henry returned

to the dangerous subject of bombs, which haunted the thoughts of all

leisure-class Boston in those desperate days. Despite his pretenses

of omniscience, Cornelia represented his only direct contact with the

anarchist movement.

“You know, Mother, somebody did make bombs--the ones that went through

the mail. You can’t dispute that.”

“No, of course not.”

“What do your friends say about those?”

“Vanzetti is quite certain it was a frame-up.”

“By whom?”

“Some one of the big detective agencies, which are making millions out

of this anti-red agitation.”

Henry smiled pityingly. “You accept that?”

“I don’t accept it as a fact, because I don’t know. I certainly accept

it as a possibility.”

“Believe me, Mother, you’ll have to look for a better alibi. Frame-ups

don’t happen.”

Henry saw the pair of brown eyes fixed upon his dark ones. They

were soft, and always kind, but they were persistent, and he had

learned that they saw deep. “Be careful, and don’t commit yourself

too completely. You may need an alibi yourself, my son.” And that was

hardly fair at the beginning of a luncheon; a poor appetizer for a

great lawyer who was going to be a defendant, and get large daily doses

of his own medicine. His look clouded, and for a while he was less

quick to interrupt.

“Five or six years ago, Henry, I’d have agreed with you about the

frame-up; I’d have said it was a device of criminals in trouble, and

a sign they were hard-pressed. But now I know that the frame-up is a

regular weapon in the class-struggle, just as well understood as, for

example, jury-fixing, or the buying of labor leaders. Did you ever have

William M. Wood for a client?”

“No, Mother, I have never been that fortunate.”

“How rich is he?”

“I don’t know; pretty rich--ten or fifteen million, maybe.”

“Enough to be one of our leading industrialists, the president of our

great woolen corporation. You’d think he was big enough not to frame

up conspiracies against his workers, wouldn’t you? Do you happen to

remember what he did in the Lawrence strike, seven or eight years ago?

He couldn’t see any other way to break the union, so he had dynamite

planted, to be blamed upon the union leaders. He was indicted and tried

for it--”

“And acquitted, if I remember correctly.”

“Yes, you know what it means for a great mill-owner to be acquitted in

his own bailiwick. It is a fact that the men he hired to do the job

were convicted; and I leave it for you to suggest that he didn’t know

what they were doing for him. This much is certain, the story was given

out to the newspapers that dynamite had been found by the police in a

shoe-box in the union headquarters. The box had been brought there by

a detective, and somebody slipped up on the time, and the story was in

the Boston _American_ before the raid took place and the dynamite was

found! That was bad management, at least.”

The great lawyer could not help smiling. “I will say that if I had had

the matter in charge, it wouldn’t have happened that way.”

“Well, don’t forget that it is a part of American labor history, and

graven into the consciousness of all those people you call ‘Reds.’ So

when the great gossip machine starts to grinding, and we hear that

‘people say’ our friends are guilty, that ‘everybody knows it,’ and

that ‘frame-ups don’t happen,’--well, Henry, we fall back on the good

old tradition of English and American law, that every man is innocent

until he is proved guilty. And in the effort to get him a fair trial we

go to a lot of trouble--such as inviting ourselves to lunch with our

rich and famous sons-in-law, and asking for the names of lawyers who

might possibly care about justice!”

V

Henry supplied the names of respectable lawyers, and Cornelia went to

interview them, but in vain. Later on, after years of struggle had

made a world issue of the case, it would be possible to interest great

lawyers in it; but at present there was no man who would burden himself

with the defense of two anarchist infidel draft-dodgers accused of

murder.

Also Henry named some of the legal tricksters, and Cornelia had curious

experiences interviewing these. There was one uniform objection to

all these powerful ones, the amount of money necessary to start their

powers into action. Some said fifty thousand, some said seventy-five;

and this was a stage in the life of the Sacco-Vanzetti Defense

Committee when there were discussions as to whether they could afford

to rent a post-office box, and whether it would be the part of wisdom

to buy a second-hand typewriter.

Later on there would be ladies of wealth and fashion interested in the

case, and money would be pouring in from labor groups all over the

world; but at this stage, when money would really have counted, the

only large sum in sight was what Cornelia could raise on her income

and lend to the committee. She had discovered by talking to bankers

that she could not raise very much, because her life expectancy at

sixty-five was limited. If she had wanted fifty thousand dollars for

an orphan asylum, or for a house to live in, or even for a string of

pearls to hang about her withered neck, she had three daughters and

three sons-in-law, any one of whom would have written her a check, and

been glad to get such a hold upon her. But when it was a question of

imperiling the Commonwealth by aiding and abetting anarchism, Cornelia

did not have to ask for the money, she could hear in advance the polite

but firm rebuke.

The problem of a lawyer was settled by the Italians. It happened that

Lee Swenson was in New York, recuperating from the labor of saving a

bunch of I.W.W. from jail in Kansas, and swearing to himself by all the

gods he disbelieved in that never again. But Carlo Tresca came to see

him, and Swenson knew Carlo from the Ettor-Giovannitti case. Carlo told

the pitiful story of two anarchists in jail in Massachusetts, who had

the skids under them, all ready to be slid into the electric chair; he

told what a fine fellow Bart was, and how he had all but had tears in

his eyes because he missed seeing the Statue of Liberty, and now maybe

he would never see it; and about Nick’s wife and little boy, and the

new baby expected in a month or two. Carlo came again and again, and

appealed to Lee Swenson’s friendship, until finally he said he would go

up to Boston and look things over.

Lee Swenson was of Swedish descent, and came originally from Minnesota.

He had been in practically every big criminal case which involved

labor during the past fifteen or twenty years. As a cub lawyer he had

helped to get evidence for Moyer and Haywood in Idaho; he had helped to

defend the McNamaras in Los Angeles and Tom Mooney in San Francisco,

and several groups of the I.W.W. in Chicago and the middle west. He

stood six feet and a couple of unnecessary inches, and was badly put

together; he did not know what to do with his big hands and feet, nor

in fact with any part of himself; he liked to sit on his neck, and his

feet liked to get up off the floor. He had a thick shock of yellow

hair, and when it was not arranged it looked as if one of those western

windstorms had hit it, and when it was arranged it appeared to be done

with vaseline.

Lee Swenson was too intelligent a man not to know the disturbing

effect he produced upon the respectable citizens of New England. Was

he really rattled by them, as he pretended, or did he enjoy the effect

he produced, somewhere back in the deeps where he kept his laughter

until it came rumbling forth like thunder from the mountains? After

he had been nosing into the case for a couple of weeks, he asked

for a conference with Cornelia, and she invited him to her little

apartment to dinner, on an evening when Joe and Betty were scheduled

for a hearing before the carpenters’ union. Before they went into the

dining-room, Lee Swenson sank into Cornelia’s one Morris-chair, and

then slid most of the way out of it, and said, “Will you be shocked if

I cross my legs?”--and did it without waiting for an answer.

“Not at all,” said Cornelia, hastily.

“Not even when you discover that I wear woolen socks?”

“I know you are making fun of Boston, Mr. Swenson.”

“My God,” said he--“I beg your pardon, Mrs. Thornwell, but this is a

terrible place for a man that grew up in a sod hut. I realized when we

were defending Ettor and Giovannitti in Salem that I didn’t fit, but I

never had time to go into details, and never happened to meet the right

person. But I believe you are it.”

“Is that why you wanted to talk with me?”

“No, but you can do it on the side. Tell me how to avoid shocking

judges and juries who talk through their noses.”

“Do you really want me to tell?”

“I said it.”

“Well, why do you wear a broad-brimmed black felt hat such as nobody

ever saw in Boston?”

“But it’s what I had when I came to town, and I can’t afford another.”

“Are you really that hard up?”

“Maybe you don’t know how it is with a radical lawyer. Imagine a score

or two of cases, each like this one. There is two dollars and fourteen

cents in the treasury to-night. They offer to pay me a hundred and

fifty a week while the case lasts, but you know how it will be, they’ll

be seventeen weeks behind in their payments at the end of eighteen

weeks, and when I get a check, there’ll be some emergency next day that

I’ll pay out of my own pocket. You see, I’m not really going to be a

lawyer--that will be merely incidental; I’m going to be organizer,

propagandist, press agent and promoter; any money I get, I’ve first got

to raise, and understanding that the committee will begrudge me every

cent I take.”

“Surely it won’t be as bad as that, Mr. Swenson!”

“You are a newcomer, Mrs. Thornwell; but this is my twentieth

committee, and believe me, I know them. It won’t be their fault, they

will be sincere and devoted, most of them; but they will be poor, and

narrow-minded--not used to spending money with the magnificent abandon

of us privileged persons. They won’t see what I need with so much, and

when the newspapers and the outside public begin to tell how I have got

away with one or two hundred thousand on the sly, they will think maybe

it’s the truth. I tell you this in advance, because, when it’s over, my

one chance of getting arrears of salary will be by vamping some of the

rich ladies, your friends who will be interested in the case. And then

I’ll get my new hat.”

“Meantime,” said Cornelia, hastily, “you can at least get a haircut.”

But the other replied, “If I did, the hat would be bigger than ever,

with nothing to hold it but my ears.”

VI

After they had dined, and were back in the little living-room, in

front of the coal grate-fire, the lawyer asked if he might close the

door. He drew his chair close to Cornelia, and slid down into it and

began: “Mrs. Thornwell, I have been digging into this case, and I am

completely baffled, and don’t know what to do. The last time I talked

with Vanzetti, he told me that you were the one American he would

trust. He admires your granddaughter, but he’s afraid she would be

shocked if I talked straight to her.”

“He is mistaken,” said Cornelia, smiling in spite of herself. “I am far

more easily shocked than Betty. The younger generation is taking life

into its own hands.”

“Well, if you don’t mind, I prefer the old ones. You and I have

suffered, and we have a deeper foundation under us. Do you mind if I

ask for your confidence?”

“Not at all, Mr. Swenson. I will tell you anything I can. But I fear it

won’t be much.”

“First, all you know about these two boys--everything that will help me

to judge them.”

“Sacco I hardly know at all. I only met him two or three times prior

to the arrest. I have been to see him three times in Dedham, partly

because I wanted to make up my mind about him.”

“And what are your conclusions?”

“He is a difficult man to know, under the circumstances. He has a

primitive mind, I judge. He does very little thinking; he is satisfied

with a formula, that the rich exploit the poor, and are the enemies

of the poor, and always have a self-seeking motive in relation to

them. And of course I don’t fit into that formula. Why should a rich

woman, who might have everything she wants, burn up gasoline and

tires traveling down to Dedham to visit an anarchist in prison? He is

instinctively polite, and affectionate to his friends, I am told. He

hasn’t given me any hint of a suspicion, but he probably fears that I

may be another trap the enemy has set for him. You know, of course,

they put a spy in the cell next to him soon after his arrest?”

“Yes, he told me that.”

“Also they wanted to get one into his home, to try to board with his

wife. I’m told the district attorney had that bright idea. I suppose

it is too much to expect those gentry to have delicate sensibilities,

but you’d think they might have guessed that a woman who was deprived

of her husband, and was expecting another baby in two or three months,

would rather have a woman-boarder than a man. Anyhow, somebody found

out about it, and naturally the Saccos are very suspicious. So I

haven’t tried to talk about the case with either of them. When I have

seen Nick, I have talked about his garden, and the wonderful tomatoes

he used to have--those tomatoes were like so many babies to him. I take

him a bunch of chrysanthemums--they let him have flowers, though they

won’t let Bart have any.”

“Oh, surely not!”

“It’s a regulation at Charlestown, I suppose that a saw or a knife

might be hidden in them; or maybe drugs. I get round it by wearing

one flower, and when I ask the guard if I may leave it with Bart,

he is ashamed to say no. I am trying to win the hearts of all of

them, because it seems to me the jailers are in jail as much as the

prisoners.”

“We are all in jail, Mrs. Thornwell. Take it from one who has been

playing the game twenty years--we are prisoners of the system. I walk

about with a chain on my wrist, and at the other end are fastened so

many lies that it seems like the population of all seven of Dante’s

hells. That is a part of what I want to talk to you about.”

VII

It took Cornelia a good hour to tell the story of how she had come into

the Brini home and what she had seen there. She told about Bart’s ideas

and dreams, his work and his play and his personal habits. She told

about the sick kitten he had refused to have killed, and the rabbits he

had brought home in a sack, and kept in pens for several months--until

the sorrowful realization was forced upon him that there was no earthly

way to keep those creatures from getting out and gnawing the vegetables

of his Catholic neighbor, Mrs. O’Dowd. She told about the lost purse

he had refused to take from the policeman, and the boots he had let

the poor laborer keep, and the lessons in hygiene he had given to the

“riformista,” Compagno Culla--all those incidents which were destined

to become Vanzetti legends, and be repeated whenever his Italian

friends mentioned his name.

Also, because a lawyer had a right to the whole truth, she told him

about the fights; and how the anarchist youths had come armed to the

Galleani meeting, vowing to defend their hero to the death; and how

Bart had got a gun and declared that he would never let himself be

taken and put through the third degree.

“Now you are getting to what I want,” said Swenson. “Do you know

whether that gun is the same one that he had on when he was arrested?”

“I believe he gave it away,” said Cornelia. “From what I know of him,

he wouldn’t keep any piece of property as long as four years.”

“Well, I can’t get them to tell me where they got those guns; at least,

I can’t get them to tell me the truth. That’s why I’m so up against it.

They are afraid of me, afraid of everybody.”

“They have reason to be cautious. But won’t they take Tresca’s word for

your reliability?”

“I suppose if I could get them both together with Carlo, we could come

to an understanding; but as it is, they go on repeating the stories

they told to the police; and their friends outside do the same.

Orciani has been driving me about, looking for evidence, and I’ve been

appealing to him. Do you know him?”

“Only slightly.”

“He has the courage of a man with the mind of a child: a simple Italian

peasant, picked up off the countryside and dumped into the maelstrom of

America. I have managed to win his affection, and he will talk to me

frankly about everything in the world but this case. I point out his

contradictions, but it doesn’t make any difference. It is a peculiarity

of Italian anarchists that I have observed, they can go on insisting

that black is white longer than any other human beings I have ever

seen. But somehow it has got to be put across to them that they can’t

go before a Yankee jury with those stories--it will be throwing away

their lives.”

“What stories, Mr. Swenson?”

“Well, the one about what they did on the night they were arrested. I

can’t get a single one of those fellows to admit to me that they were

in front of the Johnson place that night; yet it’s a physical fact that

any jury will see--there’s a swampy meadow on both sides of the road,

and no other way for Sacco and Vanzetti to have got from the place

where they admit they got off the street-car to the place where they

got on again. If we’re going to save them, we’ve simply got to make a

story that a jury will believe.”

There was a pause; Lee Swenson got up and went to the door that led

into the dining-room, and opened it, to make sure the Negro maid was

not listening. Then he came back, and when he spoke again, it was in a

lower voice. “Mrs. Thornwell, I know enough about Boston to understand

that you will be startled to hear me discuss the ‘making’ of stories to

be presented to a jury.”

“You use what I might call an optimistic phrase, Mr. Swenson.”

“Every professional man does that when he deals with the shady parts of

his job. You may know that when the fashionable ladies go to a surgeon

for an abortion, he refers to it as a ‘curettage’.”

“I have three daughters,” said Cornelia, placidly. “But I thought that

in this case, if we are dealing with men who are innocent--”

“You thought we might trust to the truth?”

“I admit I was that naïve.”

“Well, Mrs. Thornwell, I can only tell you--in my experience with labor

frame-ups in a dozen states, I have always found it necessary to fight

the devil with his own fire.”

VIII

Cornelia’s little round face wore an anxious look, and her soft brown

eyes were wide open, staring at the man in front of her. She saw a big,

rough-hewn face, marked by small-pox; with a lower jaw which had a way

of thrusting itself up, making a deep crease on each side of the mouth.

The eyes were set under shaggy yellow brows--in short it was the face

of a fighting man, no product of a Back Bay drawing-room.

But somehow Lee Swenson had learned how people felt in

drawing-rooms--possibly from Henry James, whom he read incessantly.

“You are saying to yourself that I grew up in the wild and woolly west,

Mrs. Thornwell, and things are different in Massachusetts. But I assure

you it is one system, from Maine to California, when some radical is

accused of violence in the class struggle. The authorities are sure the

man is guilty, if not of this crime, then of others just as bad, and so

to ‘make’ a case against him is a worthy work. When a class-war trial

begins, you will see on the stand police officers who know that it is

part of their job to swear to whatever the chief tells them; and maybe

an ex-convict, who knows that the prosecution has something on him, and

testifies as a condition of getting off; and a prostitute, who carries

on her ancient profession at the discretion of the police. In this case

there will be workers from that shoe factory, semi-morons, incapable

of knowing the difference between right and wrong, but knowing what

a reward is, and having rehearsed a lesson until they can say it in

their sleep. It will be simple and easy--‘Yes, I saw the bandits, I saw

them shoot, I am positive these are the men.’ These witnesses will sit

with Sacco and Vanzetti in front of them, and when they are asked to

describe the bandits, they will describe the men in front of them, and

what could be more convincing?”

“I attended the Plymouth trial,” said Cornelia. “I was shocked by its

unfairness, but I hated to believe it was a deliberate frame-up.”

Said Lee Swenson: “My knowledge of your Massachusetts procedure was got

at the Ettor-Giovannitti trial, seven years ago, as perfect a frame-up

as ever came under my eyes. The men were no more guilty of murder than

I was; every particle of the testimony was ‘made,’ and the whole case

prepared and the indictments drawn up by lawyers of great corporations.

The victims were Italians, I.W.W. leaders, efficient and dangerous--the

more so because one of them was a fine poet. And how did we save their

lives, Mrs. Thornwell? Was it by trusting to the truth? As a matter of

fact, we had seventeen eye-witnesses to the shooting of Anna Lo Pizzo,

and they absolutely insisted that it was done by a police officer, and

they identified the officer; but because they were all Italians, and

there were so many of them, we didn’t dare use their story, for fear

the jury would think it was a frame-up! That’s how far the truth gets

you in Massachusetts!”

Lee Swenson waited for Cornelia’s comment; but what could she say?

“Some day,” continued the lawyer, “I’ll tell you the inside of that

story--as weird a tangle of plot and counterplot as you could want for

a crime-romance. The district attorney was carrying on a political

fight against William M. Wood, the head of the woolen trust, and so

we were able to get hold of the checks which Wood had paid to have

dynamite planted, in a frame-up against the union leaders. With that

evidence in hand we practically blackmailed the executives of the

woolen mills, and made them take the stand, one after another, and

testify that the speeches of the strike leaders had been opposed to

violence. I could name several laws of your great Commonwealth we broke

in putting that job across--and if we hadn’t done it, the world would

never have read ‘Arrows in the Gale,’ by Arturo Giovannitti.”

Cornelia sat staring before her, pondering this strange moral dilemma.

At last she said, “I have always been taught, Mr. Swenson, that one

gets a certain moral backing from telling the truth.”

“I know--I also have read Emerson; but how would it work in our courts

of law? Consider Vanzetti’s trial in Plymouth. There was an alibi,

as good as any one could want. The crime occurred on the day before

Christmas, and everybody had something to remember--the eels. Did you

accept that alibi?”

“I was absolutely convinced by it. I have been all over North Plymouth

with Trando, and he showed me the places; every spot is alive to him

with the memory of Bart, whom he adored. The things jump out of the

child, in a way that couldn’t happen if he had had to learn them. He

will interrupt a talk, ‘There is one of the houses where I took the

eels, and Bart was across the street, and I had to go for change.’ He

will say, ‘Under that tree he dismissed me, and gave me fifty cents for

the work.’ If you knew those simple, kindly people, Mr. Swenson, you

couldn’t doubt their story.”

“All right--but where does that leave your argument? You trusted to

the truth with that Plymouth jury--and it got you nowhere! No, Mrs.

Thornwell, we must fight the prosecution with its own weapons. We have

to do the reverse of what they have done--convince ourselves that the

boys are innocent, and that whatever we do to get them off is a worthy

work. And then take a joy in the performance--learn to build a good

alibi with the same pleasure that a novelist gets from constructing a

detective story, with every detail fitting precisely, and contributing

to the final result--an acquittal, and a booming reputation as a lawyer

who has never lost a client.”

“Is that really what you want me to believe about your profession, Mr.

Swenson?”

“In strict confidence, you understand, Mrs. Thornwell!”

“Oh, of course.”

“I want you to believe there is no other way to be a successful

criminal lawyer in America; I have never heard of any man who has done

it, and I do not believe it can be done. That is the game, and you

either play it, or you play some other game.”

“It sounds as if it would be hard on the nerves.”

“This is America, and you know our motto, ‘It’s a great life if you

don’t weaken.’ You play for high stakes, and every time it is ‘doubles

or quits,’ if you understand the slang of the gambler. Win the big case

and you’re on top of the heap; lose it, and you’re a dead one! That’s

why it’s so foolish of me to take a case like this. There is no way

to win except to make a big public splurge; and then, if I don’t make

good, it is back to the sticks for me. That is the real moral problem

that confronts a radical lawyer, Mrs. Thornwell--can he afford to have

a heart? Can he feel sorry for some hero-soul like your Bart, who has

apparently got into a jam not of his own making? It’s a decision I have

to make, and naturally it depends very largely upon Bart’s friends.”

There was a pause. “Just what is it you want me to say, Mr. Swenson?”

“For the present, nothing in particular. That may come later. What I

want is for you to know the situation--what a murder trial is, and how

it has to be fought--so that later on, when you find out about this

detail and that, you won’t be horrified and disgusted with me, and draw

out and leave me alone with the Italians.”

IX

Lee Swenson had said his say, and it was up to Cornelia. She sat with

her two hands locked together, and her eyes closed, and only the

trembling of the lids to tell what was going on within. When at last

she spoke, her voice was weak, and so were her words. “I never had

anything like that put up to me in my life, Mr. Swenson.”

“I can believe that. Your life has been lived among people who are not

accused of crimes. And you have your strict moral code--which doesn’t

allow for perjury!” Then, seeing a trace of tears in the old lady’s

eyes, he added quickly, “I fear that I misunderstood you in one way,

Mrs. Thornwell--I thought you knew more about your great moral city

than apparently you do. You went to consult Larry Shay about this case,

didn’t you?”

“How did you know that?”

“Well, I have sources of information. How did you come to go to him?”

“My son-in-law, Henry Cabot Winters, named him.”

“Why did he name him?”

“He said he would be the best man to get the boys off.”

“And what happened when you went to see him?”

“He wanted fifty thousand dollars, and I told him we didn’t have it.”

“What did he say?”

“Well, he pointed out that it was a capital case, and would mean a lot

of hard work.”

“What did you understand by that?”

“Wasn’t it obvious? It will take a lot of time to prepare the case, and

it may be a long trial.”

Lee Swenson laughed, one of those polite laughs which he kept inside

him, out of consideration for Boston. “You are much too good, my dear

Nonna! I think I will call you by Bart’s name, if you don’t mind,

because it is friendly, and at the same time respectful.”

“I don’t mind,” said Cornelia.

“Out west,” said the other, “they call me Lee, and they don’t wait a

whole lifetime, as they do in Boston. But now let me explain about

Larry Shay: if he had taken the case, there wasn’t going to be any

trial.”

“How do you mean?”

“I mean that Larry is the official ‘fixer’ for the political ring which

governs Boston and its environs. If you have committed a crime, and got

caught, your friends go to him to find out what it will cost to have

the case dropped.”

“Oh, Mr.--Lee!”

“You, lovely and naïve blue-blood lady, carried to this legal shark a

proposition to bribe some of the prosecuting officials of your state,

and he made you an offer, and you didn’t even know what it was about!”

“Do you really know all that?”

“Everybody knows it that knows about the insides of this town. Worse

than that--they ‘make’ the cases, for the purpose of collecting

blackmail. I could tell you quite a number of stories, only they are

not fit for a lady’s ears--having to do with women and road-houses.”

There was a pause, while Cornelia thought hard. “You mean, Lee Swenson,

that if I raise fifty thousand dollars and pay it to these politicians,

I can have the case against our two boys dropped?”

“I mean exactly that. And there’s another moral problem for a

blue-blood lady who has lived a sheltered life, and listened to

her husband, the governor, make fine speeches about their noble

Commonwealth!”

X

The telephone rang; Betty calling. She and Joe had had a successful

time at the carpenters’ union, had got a twenty-five dollar

contribution. Now Betty was going somewhere else. She could not explain

over the phone, but she would be late, and Grannie was not to wait up

for her. Go to sleep. She hung up, and Lee Swenson took his departure,

saying that he had put enough burdens upon her mind for one evening. He

would not ask anything definite, she would need time to think matters

over. Cornelia thanked him.

She did not go to sleep, but sat in the Morris chair which the lawyer

had vacated, and moral whirlwinds seized her thoughts and flung them

this way and that. She, Cornelia Thornwell, widow of the sternest

governor that Massachusetts had had for a century, the most ruthless

punisher of lawbreakers and corruptionists--she had sat in this room

and listened to a proposition that she should conspire to commit

perjury! Yes, that was it, no use mincing words. She had heard, and

from now on would be accessory before the fact to whatever might be

done! She had not risen and denounced the proposer and ordered him from

her home; no, she had hesitated--which in itself was guilt--and when he

had told her it was confidential, she had assented, which was double

guilt!

Punishment for Cornelia Thornwell, feminist and suffragist! Now she

knew what the wise men had meant when they told her that woman’s place

was the home! Woman’s place was the Sewing Circle, where they made

long flannel petticoats which the poor would not wear! Woman’s place

was the Parish House of Trinity Church in the City of Boston, where

perfect ladies gathered to arrange for visitation of the sick and care

of widows and orphans! If a lady insisted on going out into the harsh

and wicked world, this was what she ran into--perjury, subornation of

perjury, conspiracy to commit perjury! Cornelia saw these awful phrases

in the headlines of all the newspapers of Boston.

The soul of Bartolomeo Vanzetti came to keep watch with her, and share

her worries. Bart did not sleep soundly in his prison cell; he lay

awake and brooded over the case, and thought of letters to write, and

suggestions to make to friends and lawyers. So now he came in spirit,

and Cornelia asked him all those questions she would never ask in the

flesh. What did he want her to do? What would best serve his cause, the

“joostice” for which he lived?

She questioned her own soul. What was right, what was wrong? To stand

by the stern moral code of Puritan Boston--which all of them preached,

and some of them practiced? Say that the law was sacred, and an oath

was binding before God, and it was better for men to die than to break

God’s law? Easy to say that, when it concerned yourself; something in

you would take pleasure in dying for a code. But when it was some other

man’s life, did you have the right to force your code upon him?

Vanzetti had proved that he did not subscribe to that code, because he

had told lies to the police. But then, he faced the same problem as

Cornelia; it wasn’t for himself that he lied, but for others. Sometime

previously Cornelia had put to him a very grave question. There

appeared to be much more evidence against Sacco than against him, so it

might be wise to demand separate trials, and save at least one of them.

But Bart had turned the idea down without a moment’s hesitation. “Save

Nick, he got the wife and kids!” That was his attitude, from first to

last.

Something easy to understand--to lie for a wife and kids! In contrast

with that, Cornelia’s ideal seemed far-off, cold and aloof. In this

world truth was a luxury, denied to all but the fastidious, the

ivory-tower personalities, who had no hearts and no sympathies! Who

were good at shutting their eyes and refusing to know uncomfortable

facts!

Cornelia thought over Lee Swenson’s statement, that her life had been

lived among people who were not accused of crimes. A careful and

lawyer-like phrase! Not those who did not commit crimes, but those who

were not accused! Cornelia searched her memory, and forced herself to

face reality. Did her sort of people really refuse to lie? The case of

Jerry Walker leaped to her mind, because she had just been talking to

her son-in-law about it. Had Rupert and Henry lied to Jerry Walker, in

order to get his property away from him? Of course they had! Henry had

even lied to Cornelia, and treated it as a matter of course. They had

lied to their associates, and their associates were now accusing them

of it--so Cornelia had learned from family gossip.

Sooner or later Rupert and Henry were going upon the witness-stand, to

be cross-questioned as to what they had done. Were they going to admit

their conspiracy to take ten million dollars’ worth of property from

Jerry Walker? Were they going to say that the law was sacred, and that

an oath was binding before God? Of course they were not! What they were

going to do was to follow the Lee Swenson formula--sit down with their

lawyers and frame up an elaborate story, learn every detail of it by

heart, and go upon the witness-stand and lie like troopers--or, in the

modern equivalent, like policemen who know that it is part of their job

to swear to whatever the chief tells them! Rupert and Henry would do

that, and all State Street would know they were doing it, and take it

as a good joke, nothing worse.

XI

A world of lies, a world run on the basis of lies, so that when you

talked about truth-telling you were a Utopian and a dreamer; worse yet,

a traitor to your friends, to your business associates, your family,

your class! A fastidious person, an ivory-tower esthete, preferring

your own peace of mind to the rights of those who had taken you into

their confidence, assuming that you would play the game as everybody

else played it, for your profit and comfort as well as their own!

Lies! Lies! It was the autumn of the year 1920, and a great political

campaign was at its climax; America had ceased to be a republic, it

was an absolute monarchy, its ruler the Prince of Lies! That little

man, “Silent Cal,” whom Cornelia knew so well as governor of the

Commonwealth, was being elected vice-president of the United States by

a lie! He who had run away from the police-strike was being rewarded

for breaking the police-strike! His backers had managed to suppress

the report of the citizens’ committee, which had worked so hard to

avoid a strike, and had told the whole truth; instead, they had made

a nursery-legend, such as the pious Parson Weems had invented about

George Washington and the cherry-tree!

And worse yet, look at the man they were making president! Cornelia’s

mind was a witch’s caldron, with the tales Joe Randall brought home;

for Joe knew the newspaper men, and picked up the gossip which could

not be printed, and used it to spice the meals he ate in the little

apartment. Joe’s mind had turned rancid, after four months’ contact

with American morals and American justice; he found his pleasure

in believing the most shocking things about the great and noble

persons of the land. This Senator Harding, who was to be the next

president, had been picked out by the oil-men, who were planning to

loot the oil-reserves of the nation; he was handsome and dignified,

a magnificent statesman, when you read about him in the capitalist

newspapers--but Joe called him an old booze-fighter, a small-town rake,

whose idea of entertainment was to sit in his shirt-sleeves and chew

tobacco and play poker all night with his cronies, “the Ohio gang.” His

managers had had to get a newspaper man to write his speeches for him,

because, when he was turned loose for himself, he used polysyllables

like a Negro preacher, with no idea what they meant.

And worse yet, he traveled round the country with a young girl who was

his mistress! He stayed in rooms in various cheap hotels with her, and

when the house-detectives ventured to object, he would present them

with his card! It was something entirely new in American history, and

Joe Randall turned his fancy loose to play with the theme; some day, he

said, the American people would build a memorial to this oil-statesman,

and when the radicals came into power they would carve an inscription

across the front of it, and set it with flaming red rubies: “Nan

Britton’s Boy!”

XII

A cruel, cruel world! Impossible to live in a place where such

wickedness was done! A sudden weariness seized Cornelia, a failing of

the heart; it was time for her to quit, to move on and leave the world

to a new generation, which had stronger nerves and could face such

issues. The runaway grandmother would run back to shelter.

The fire in the grate had burned nearly out, and the room was growing

cold, the chill creeping into the bones of the old woman sitting in

the chair. She looked at the clock; it was after two in the morning,

and suddenly she realized that Betty had not come home. What could the

child be doing at that hour?

Lee Swenson had asked her not to tell Betty about these problems. But

that was hardly fair. Betty had come to be her mainstay--she realized

it all of a sudden. Betty was young, Betty was not afraid, Betty could

face any facts there were! To try to hide anything from her would be

one more deception, in a world which seemed to be made of nothing else.

There was a sound in the hall, and Cornelia turned her head. A key in

the latch, and the door opened. There was Betty, rosy, shining from a

walk in the chill night air. “Why, Grannie! You waited up for me! You

shouldn’t have done that!” She closed the door, and came to Cornelia,

brimming over with affection and concern. “You poor dear, you let the

fire die down, you are cold!”

Betty herself was warm; the blood flooded her cheeks and throat, it

came and went, like northern lights in the winter sky, a lovely thing

to watch. Her eyes shone--something must have happened to-night, they

were so much alive. Such an eager face, a smile with two rows of white

teeth, even and smooth, almost translucent. She wore a soft brown

coat, with a neckpiece of fur, matching her hair, her eyes--a picture

that people turned to look at on the street. So delicate, so quick and

sensitive--and she knew about this wickedness, she could face it and

not quail from it, not feel old and chilly, ready to die!

“Grannie dear, what is it? You’re worried about something!” She could

read Cornelia’s mind as if she entered it. “What is bothering you? Has

Lee Swenson been telling you something discouraging?” Then quickly,

“Don’t let him frighten you, my dear! We’re going to get those boys

off! Is he afraid about them?”

“No, dear--”

“Then what did he say? Tell me, what?”

“We talked about many things, this case and others. It is a terrible

world, Betty dear.”

“Yes, they frame people; and then sometimes, people have done

something, too! It’s hard to tell which is which, and your poor dear

head is addled with trying to know it all! Is that it?”

“Mr. Swenson didn’t want me to talk--”

Betty laughed gayly. “The old rascal! He thinks he’s going to keep

secrets from Joe and me! I know, it’s very dangerous, and we mustn’t

whisper. But you tell him, I know what’s in your head before you do,

and he can’t run this case without Joe and me. This is a young folk’s

job, believe me!”

Betty shed her coat, and the little brown bowl of a hat trimmed with

fur, and knelt down and put her warm cheek against her grandmother’s

cold one. “The idea of worrying a nice old Victorian lady with secrets

and mysteries! I suppose he told you that government witnesses don’t

always tell the truth, and defense lawyers sometimes fight the devil

with fire. Is that what you’re worried over?”

“Where were you so late, dear?” countered Cornelia--the only evasion

she could think of in a hurry.

“Never you mind--that’s more secrets and mysteries, I’ll tell you in

the morning. Now you go to bed, before your old bones turn to ice.”

She led Cornelia into her bedroom, and turned down the covers, and

brought her a glass of hot milk, describing her as “seecka kitten,”

from the days when Cornelia had been worn out with the work in the

cordage-plant, and Bart had nursed her so tenderly. When she had drunk

the milk, Betty tucked her in like a baby, and kissed her good-night

and put out the light, and raised the window, and said, “Now be a good

child, and in the morning you shall hear some nice gossip!”

XIII

Bright sunlight, and the Negro maid building the fire, and Cornelia

in her dressing-gown in the big chair before the grate, drinking her

coffee and nibbling her toast. Betty sat by her in a blue silk kimono,

and when she was through eating, took the tray and set it one side,

remarking, “So you won’t upset it or anything in your excitement.”

Then she closed the door, and took a seat close to her grandmother,

and pushed her bobbed hair back from her forehead, and said, “Now,

bless your old dear heart, get yourself together and don’t faint dead

away--Joe and I are married.”

Cornelia’s hands went limp in her lap. “Married!”

“Yes, dear.”

“But Joe has a wife!”

“Yes, that’s an old story.”

“But then--but--you can’t marry a man who is already married.”

“We can, Grannie dear, we arranged it; you see, we married ourselves.”

Something inside Cornelia quit working for a moment--heart, or lungs,

or solar plexus which controlled them both--and her voice failed her

altogether. Betty’s voice was steady, but one of those waves of color

flooded her neck and face, right up to the bobbed brown hair. “You see,

Grannie, since the law won’t be sensible, we took matters into our own

hands. Joe’s wife is in Reno, but it takes a lot of time, one can’t be

sure how long; and it was too silly that we who love each other should

sit around waiting for some politician to give us permission to live

our lives.”

There was a pause. Cornelia’s voice had not yet come back.

“Let me say right away, Grannie, this isn’t any free love foolishness.

You’ll be thinking about Mary Wollstonecraft and all that, but I was

only a child then, I was using a lot of romantic words. But now I’m

twenty-two, and I’m in love, and I want my man, and I want him for

life, and he knows that--I’ve told him that if any other woman tries

to take him away, I’ll scratch her eyes out. So you see it’s perfectly

respectable and conventional.”

“Y-yes,” said Cornelia, feebly.

“I have waited--I’ve been a good six months and more making up my

mind I wasn’t making any mistake. Now that I’m sure, I’d be perfectly

willing for any judge or clergyman to say the magic words that would

change it from immorality to the holy bonds of matrimony; but you

see how it is, the judge won’t do it for an indefinite time, and the

clergyman never will, because Joe’s wife has not committed adultery--at

least, she has, her man is out there with her, but it isn’t going to be

legally proved, so the curiosity of the Episcopalian clergymen will not

be satisfied according to canon law. I have looked all this up in the

library, and I’ll explain it if you don’t know what I mean.”

“No, I understand,” said Cornelia--still feebly.

“Well, Grannie dear, in your marrying time no one did his own thinking,

but now the world is changing, so my dear blessed old chaperon has got

to sit down and ask herself this plain question: Do you think that my

love for Joe, or his for me, would be in any way more sanctified or

purified by any formula that any judge or clergyman could pronounce

over us? Do you really believe that?”

Cornelia had to think.

“Be sure, now.”

“No, I guess I don’t.”

“All right, then. And do you think we’d be apt to be more true to each

other if we had dressed up in party clothes, and spent several thousand

dollars for flowers in Trinity Church, and had four organs play the

Lohengrin wedding march going in and the Mendelssohn wedding march

going out, and had the rector say a formula which seems absolutely

superfluous to both of us? Do you believe that?”

“No, dear, I suppose I really don’t. Only--we always have done it in

our family.”

“Most of the time,” said Betty. “But this is a special case, and Joe

and I talked it out and decided that it is just too silly that our

love-life should be maimed for we can’t tell how long. We decided that

the law is an imposition, and we have taken the liberty of being our

own clergy, that is all.”

“Yes, dear. But--suppose you get into trouble?”

“Well, we’ll do our best to keep it from happening. We have taken

the best advice. But if there should be an accident, we’ll face

the consequences. I promise you I won’t have what they call a

‘curettage’--as you remember Aunt Alice did not so long ago. You

didn’t know I knew about that, I suppose! And neither will I have an

appendicitis operation, like Cousin Julia. I wouldn’t mind a bit having

a baby by the man I love, and telling the world exactly what I had done

and why; only, of course, the family would die, so if the worst comes

to the worst, you and I and Joe will take another trip to Europe, and

stay there till we can marry. And meantime you must be a good sensible

soul, and tell yourself that Joe and I are married before God and you,

and when he comes in you are to kiss him on both cheeks and welcome

him as your grandson-in-law. Because, you see, he’s quite embarrassed

about it, knowing how eminently respectable you are. Indeed, he’s that

way himself, coming from Virginia--he’s almost as bad as Roger Lowell,

and I had to take matters into my own hands, and do all the marrying,

so to speak. But now it’s done, and I want you to feel comfortable

and happy about it, so that we can be comfortable and happy too. The

sensible thing is for you to chaperon us, and let us meet here, because

it’s very disagreeable having to go to third-rate hotels, and besides,

it’s dangerous, because the politicians in this pious Puritan city are

preying on the free lovers--those who happen to be rich and prominent.

Joe says they have a regular blackmail ring, they catch some man in a

hotel room with a woman, and it costs him anywhere from twenty to two

hundred thousand dollars--that is, of course, unless he can show the

card of a United States senator and presidential candidate!”

There was a pause. “That’s all, Grannie.” Then another pause.

“You are putting a heavy responsibility on me, dear.”

“One more secret to keep!” Betty stood up, looking like a new-risen sun

with laughter and joy and health. “Bless her dear old frightened soul!”

She stooped and put a kiss on each of Cornelia’s cheeks, and one on her

forehead; then, laughing again, “You don’t have to carry the burden if

it’s too heavy. I’ll take it all off your blessed shoulders.”

“How, dear?”

“Say the word, and I’ll move into an apartment with Joe, and write a

note to Mother, telling her all about it. What do you say?”

This time there was no pause. Cornelia said instantly, “No! No!”

XIV

“Bring me good choosing book,” wrote Bart. “I will get the fundament

which I have so long needing.” So whenever Cornelia went for a visit,

she would take two or three volumes from her little library: Benjamin

Franklin’s autobiography and Paine’s “Rights of Man,” the letters and

speeches of Jefferson, Thoreau’s “Walden” and Emerson’s essays, a life

of Garrison and one of John Brown. She thought he ought to know that

New England in which he was to fight for his life, and he agreed with

her in this. He had the most intense interest in history, and the lives

of men who had played a part in it, especially in the cause of liberty

and “joostice.” He identified himself with these great characters, he

lived their lives, finding comments on his case in their words, and

vindication in history’s verdict upon them. He read every minute that

the prison regulations permitted, and at Cornelia’s request he would

write comments on the margins of the books, and many pages of pencil

notes. It was a regular college course in New England culture, and each

time they met there was progress to report.

The old Charlestown prison is built in the form of a cross, and in the

center is a large airy room, in which the prisoners are permitted to

see visitors. Cornelia would come, with her books and her one flower.

She would have to wait while he washed his hands and face--because he

was shoveling coal now, and wheeling it in a barrow for the prison

furnaces; he would apologize for the condition of his clothes, which

he could not help. Cornelia had interceded with the warden and got him

this job, instead of the work in the tailor shop, which fitted him ill.

Outdoor labor was what he had been used to during his ten years in

America, and it kept him in physical condition.

He was a model prisoner, except that he would not stand indignities

from his keepers. Once when Cornelia came she was told that she could

not see him, he was in “solitary” upon bread and water, because he had

refused to do his work. There followed sessions with the warden, and it

transpired that Bart considered that the guard had addressed him in a

way injurious to his dignity. It took tact on Cornelia’s part to patch

up this situation; for the American prison system does not allow for

dignity, and it is not easy to persuade authorities that an anarchist

has a soul. But they could understand that it was unwise to exasperate

a man who received visits from ladies of high social station, and who

might cause a fuss in the newspapers.

Also Cornelia visited Mrs. Sacco, in the village of South Stoughton.

The new baby had arrived, a lovely little girl, and Cornelia and

Betty took this news to the prisoner in the county jail at Dedham, and

received a warm welcome. Poor Nick required a great deal of cheering,

because he was a man who had lived by physical activity, and could not

read and study and think like Bart. He had to learn to spend about

twenty-two hours a day in a cell, with nothing whatever to do, and he

did not want to wait for a trial, he did not want lawyers to fool with

his case and waste the money of the anarchist movement--he wanted to be

killed and have it over with. Cornelia and Betty would argue with him,

in patient half-English and half-Italian, finding ways to appeal to his

pride, reminding him of revolutionary heroes who had managed to endure

prison. Why not work out a régime for himself--do gymnastics, of both

body and soul? Why not study English, so as to do better work for the

cause if he got out, and to write his message to the world if he failed?

The next time they came, they would find that he had shaved himself

meticulously, and wore one of the flowers they had brought him. He

was practicing walking about the cell on his hands, and counting the

number of times he could “chin” himself on his cell-door--he had got

up to forty-something, which was remarkable for any man. He was proud

of that, and when they told him about the lovely eyes of the baby,

his spirit bounded as high as previously it had sunk low. Two races

comprise the Italian nation: those of the north who are descended from

Teutons and Gauls, and are capable of reflection, like Vanzetti; and

those of the south, descendants of Greeks and Carthaginians and Moors,

brown and excitable people, who live their lives outside, and utter

extremes of emotion with many words and gestures. An odd turn of fate

that so many of these should have come to Massachusetts, to annoy the

stern and forbidding ghosts of Puritans!

XV

Lee Swenson had decided that he would take the case. He said no more

to Cornelia, but evidently there had been some understanding with

Betty and Joe, for the young couple sat in at long conferences, and

covered half the state in Betty’s runabout, interviewing witnesses and

tracing clews. Cornelia succeeded in raising five thousand dollars

by pledging one-half her income--which meant that a money-lender was

willing to gamble that she would live more than two years, in spite

of all her worries and labors. She brought in this money, after which

the Sacco-Vanzetti Defense Committee had an office, and a post-office

box, and no less than two second-hand typewriters clicking away on

envelopes. There was a pamphlet telling about the case, mailed out to

lists of radicals all over the country. Articles appeared in socialist

and labor papers, both in America and Europe; for Joe and Betty

wrote long letters to Pierre Leon, and he would translate them into

French and publish them in his paper. So the readers of anarchist and

communist and socialist papers all over Europe began to hear about two

Italians who had fallen victims to the White Terror, in what had once

been the sweet land of liberty, but was now the banking-headquarters of

reaction for the whole world.

Also Cornelia’s labors among the blue-bloods were not without fruit.

Many of these people knew the corruption of their political parties,

and the alliance between the politicians and the exploiting interests.

They had heard of the Ettor-Giovannitti frame-up, and had watched

another strike in Lawrence, a little more than a year ago, with several

near-murders committed by thugs in the mill-owners’ employ. They had

seen the “Reds” paraded down State Street in chains, and had seen

the government forced to turn most of them loose, having not even a

pretense of evidence against them. So a few well-to-do persons began

to take an interest in the Sacco-Vanzetti case. This gave an air of

prosperity--and brought a new development, highly characteristic of the

great Puritan city. One afternoon Lee Swenson called Cornelia on the

phone. “How are you to-day? Nerves fairly strong?”

“What has happened?”--for Cornelia knew his way of teasing her.

“Do you remember the talk we had in your apartment, when I told you

there might be a way to put our boys on the street?”

“I remember.”

“Well, can I drop in for tea and tell you about it? Send the maid out

if you can--it’s a time for being alone!”

The lawyer came, and this is what he had to report. Felice Guadagni,

journalist, who was one of the mainstays of the committee, had had

several visits from an Italian woman named De Falco, an interpreter

for the district court at Dedham, in Norfolk County. She claimed to

come from the district attorney’s office, and offered to have the

men released at the price of sixty thousand dollars. There had been

several conferences, and Felicani, the printer, had met the woman,

and when he pleaded poverty, she had offered to get the price reduced

to fifty thousand. The sum was to be disguised as a retaining fee for

the brother of an official, who was to be hired by the defense. The

Commonwealth would then decide that there was not enough evidence

against the pair, and they would be turned loose. “So there’s your

righteous and law-abiding Boston!” said Lee Swenson--and looked at

Cornelia with a twinkle in his wild western blue eyes.

“You think it’s really genuine, Lee?”

“Lawyers tell me it’s a common procedure in other counties. The woman

undertakes to give us satisfactory assurances.”

“What would they be?”

“She has already given Felicani the names of other cases she claims to

have settled in the same way, and we can investigate them. But first we

have to decide the question--do we want to buy the boys off, or do we

want to trap the rascal politicians and get something on them?”

Said Cornelia: “It seems to me it all depends on whether we are sure

our boys are innocent. I believe they are. Do you, Lee?”

He answered:

“Yes, I do. But that is not the only point. Even though innocent, they

may be convicted; and the problem is, do they want to risk their lives

for some propaganda?”

The lawyer would be allowed to see his clients in the evening, so he

said that he would run out to Charlestown and ask Bart about it. “I’ll

make my guess,” he added, “if no ladies are present, he’ll say, tell

them to go to hell.”

Boston · 第 10 / 24 章