AS TO VANZETTI:

Two witnesses claim to have identified Vanzetti as an occupant of the

murder car.

(1) Harry E. Dolbeare testified that somewhere between 10 and 12 a.

m. he saw a car going past him in South Braintree, with five people

in it, one of whom he identified as Vanzetti. Q. “There was nothing

that attracted your attention in this case except one man leaning

forward as though he was talking to another man?” A. “Yes, there

was.” But Mr. Dolbeare found it impossible to explain definitely what

attracted his attention to this particular man, and finally explained

that it was the appearance of the whole five that attracted his

attention.

(2) Le Vangie, gate-tender of the New Haven Railroad, was on duty

at the South Braintree grade crossing the day of the murder. He

testified that the murder car drove up to the crossing just as he

was lowering the gate. A man inside forced him, at the point of

a revolver, to let them through before the advancing train. He

identified Vanzetti as the man driving the car. His testimony was

discredited by the testimony of McCarthy, locomotive fireman of the

New Haven, who testified that three quarters of an hour after the

murder, “Le Vangie said, ‘There was a shooting affair going on.’ I

says, ‘Some one shot?’ I says, ‘Who?’ He says, ‘Some one—a fellow got

murdered.’ I said, ‘Who did it?’ He said he didn’t know... I asked

him if he knew them. He said no, he did not. I asked him if he would

know them again if he saw them. He said no. He said all he could see

was the gun, and he ducked.”

Moreover, Le Vangie was discredited by all the other identification

witnesses on both sides, who insisted that the driver of the car was

a young, small light-haired man, whereas, Vanzetti is middle-aged,

dark, with a black moustache.

On the whole, the alibi for Vanzetti was overwhelming. Thirty-one

eyewitnesses testified positively that none of the men that they

saw in the murder was Vanzetti. Thirteen witnesses either testified

directly that Vanzetti was in Plymouth selling fish on the day of the

murder or furnished corroboration of such testimony.

* * * * *

Judge Thayer abandoned identification of Sacco and Vanzetti as the

grounds on which the jury’s verdict rested, in denying a motion

for a new trial. This motion was based on the discovery of a new

eyewitness with better opportunity for observation than any of the

other witnesses on either side, who swore that Sacco was not the man

in the car. Judge Thayer ruled that this evidence “would simply mean

one more piece of evidence of the same account and directed to the

same end, and in my judgment, would have no effect whatever on the

verdicts, for these verdicts _did not rest, in my judgment, upon the

testimony of eyewitnesses, for the defendants, as it was, called more

witnesses than the Commonwealth who testified that neither of the

defendants were in the bandit car_.[1]

“The evidence that affected the defendants, was circumstantial, and

was evidence that is known in law as ‘consciousness of guilt.’”

[Sidenote: II.

The trial of Sacco and Vanzetti · 第 7 / 11 题