Victrola salesman Carlos E. Goodridge was certain that Sacco was the

man who had waved a gun at him when the black Buick raced by Magazu’s

pool parlor on lower Pearl Street. He remembered the defendant as

“a dark complexioned fellow with dark hair and he had ... a kind of

peculiar face, that came down pointed.” When McAnarney tried to find

out whether Goodridge wasn’t having his own problems with the law,

Judge Thayer intervened. “You can’t attack any witness’ credibility,”

he observed, “except by showing a record of conviction.” The jury was

never to learn that the salesman had recently pleaded guilty to larceny

and had been placed on probation.

Goodridge’s testimony conflicted sharply with that of Harry Arrogani,

a South Braintree barber. Five or six days after the murders,

Goodridge had told the barber that he had seen “a man in the car but

if I have got to say who the man was, I can’t say.” Peter Magazu,

the owner of the pool room, said that Goodridge had described the

man who had pointed the gun at him as a “young man with light hair,

light complexion.” Andrew Manganio, Goodridge’s sales manager, later

testified that his pool-playing employee had refused to identify the

defendants in jail because he had been so frightened by the gun that

“he could not possibly remember the faces.”

Drs. George B. Magrath and Nathaniel S. Hunting had conducted the

autopsies on the two murdered men. Four bullets were found in

Berardelli’s body and two in Parmenter’s. As each bullet was removed,

the physicians had scratched a Roman numeral in its base. The one which

had caused Berardelli’s death, a .32-caliber Winchester, was marked No.

III. At the trial, Captain William H. Proctor, the ballistics expert

for the Massachusetts State Police, testified that all but the No. III

shell had been fired through a Savage automatic pistol.

When Sacco was searched at the Brockton police station, a “.32 Colt

automatic,” which was to become Katzmann’s Exhibit 28, was found in his

belt. Proctor said that he had conducted tests on the fatal bullet and

the defendant’s gun. As a result of his investigation, he was prepared

to say that No. III was “consistent with being fired by that pistol.”

As for the other five bullets, his opinion was that they had not been

fired from Sacco’s Colt.

Captain Proctor’s opinion was shared by Charles Van Amburgh, an

assistant in the ballistics department of the Remington Arms Company.

He also had examined the fatal bullet and Sacco’s pistol.

Q. Have you formed an opinion ... as to whether or not No. III bullet

was fired from that particular Colt automatic?

A. I have an opinion.

Q. And what is your opinion?

A. I am inclined to believe that it was fired, No. III bullet was

fired, from this Colt automatic pistol.

He had reached this conclusion after comparing the No. III bullet

with six test shots which he and Captain Proctor had fired into oiled

sawdust at Lowell, Massachusetts. “My measurement of rifling marks on

No. III bullet as compared with the width of the impressions which I

have taken of No. III or of this particular barrel,” he explained,

“together with the measurements of the width or dimension of rifling

marks in bullets recovered ... in Lowell, inclines me to the belief.”

In addition, he had observed marks on No. III which he thought were

caused by pitting in the groove of Sacco’s Colt.

James E. Burns, an expert marksman who had been employed by the United

States Cartridge Company for more than thirty years, contradicted the

prosecution’s experts. He, too, had examined the fatal bullet, and he

was convinced that it had not been fired from Sacco’s gun.

Q. ... on what do you base that opinion?

A. On the 11 bullets that I examined that were fired from the Sacco

gun. It doesn’t compare with them at all.

The Colt’s barrel had shown “a clean-cut lead all the way through.”

There wasn’t a particle of doubt in his mind that No. III had not been

fired “from a gun that had a clean lead.”

J. Henry Fitzgerald, the director of the testing room at the Colt

Firearms Company, agreed with Burns that No. III “was not fired from

the pistol given to me as Exhibit 28.” He had examined three bullets

which had been fired by Mr. Van Amburgh at Lowell and, “the land marks

of the No. III bullet do not correspond, in my best judgment, to

bullets I have seen fired from this pistol.” Like Burns, he had been

unable to find any distinctive pittings in the groove of Sacco’s gun.

The cap which Fred L. Loring had found lying near Berardelli’s

body had been turned over to Thomas F. Fraher, Slater & Morrill’s

superintendent. Katzmann called George T. Kelley, Sacco’s foreman at

the 3-K Shoe Factory, who testified that the defendant often wore a cap

to work. “There were times that he wore a cap,” Kelley said, “There was

other times he wore a hat.” As to the former, he could remember only

that it had been “a dark cap ... of a salt and pepper design.” He was

unable to recall whether the cap he had seen hanging on a nail near

Sacco’s workbench had earlaps or not.

When the defense objected to the introduction of the cap on the ground

that it had not been sufficiently identified as belonging to Sacco,

Judge Thayer ordered Mr. Williams to ask Kelley whether “that cap ...

is like the one that was worn by the defendant Sacco?” “In color only.”

the witness replied.

THAYER: That is not responsive to the question. I wish you would

answer it, if you can.

KELLEY: I can’t answer it when I don’t know right down in my heart

that that is the cap.

THAYER: In its general appearance, is it the same?

KELLEY: Yes, sir.

Thayer promptly admitted the cap into evidence as the Commonwealth’s

Exhibit 29.

After Sacco’s arrest, Lieutenant Daniel T. Guerin had visited his home

and found another cap in the kitchen. Later in the trial, when Kelley

was recalled as a witness for the defense, he was shown this second

cap. He said that he thought that the cap the policeman had found

looked more like the one he had seen the defendant wearing than did

Exhibit 29. On cross-examination, Katzmann asked him if he hadn’t told

the police when they interviewed him about the cap that “I have an

opinion ... but I don’t want to get a bomb up my ass.” Kelley admitted

that he “might have said it when they drove off, but not at the time

when they showed me the cap.”

Q. Was that in reference to the cap?

A. Yes.

Later in the trial, when Katzmann cross-examined Sacco, he asked him to

put Exhibit 29 on his head. According to the _Boston Herald_, “It stuck

on the top of his head and he turned with a satisfied air to let the

jury see.” He then explained to the District Attorney that the cap was

“too tight” to fit properly.

Q. You are sure of that?

A. I am pretty sure. I can feel it.

He denied that the cap was his and his wife subsequently testified that

her husband “never wore caps with anything around for his ears, never,

because he never liked it and because, besides that, never, he never

wore them because he don’t look good in them, positively.”

Mrs. Simon Johnson said that, after her husband had gone to bed on

May 5th, Boda had knocked on her front door and asked her whether he

could pick up his Overland car. When she awakened her husband, he had

told her to go next door to Mrs. Bartlett’s and telephone the police.

She had walked over to her neighbor’s house and called Chief Stewart.

Although there was no street light near her home, the area had been

illuminated by the headlight of a motorcycle which she noticed was

parked in the street. Two strange men who were standing in the vicinity

of the vehicle, seemed to follow her when she left to make her call.

Ten minutes later, when she was walking back from Mrs. Bartlett’s, she

saw the same men who appeared to be “walking along” with her. She was

sure that Sacco was one of the men who had tailed her that night.

When she had testified in the earlier trial of Vanzetti at Plymouth,

Mrs. Johnson had not been so confident of her identification of the men

who had followed her. Then she had been certain that she “did not know

who they were or whether they were the same men or not.” Now, she was

prepared to say that “one of them” was the same man.

Q. ... do you want to say that you recognized Sacco before you went

into the Bartlett house?

A. I would know him if I saw him again.

Q. I submit it is not an answer to the question.

THE COURT. Can you answer it, Mrs. Johnson, by Yes or No?

A. Yes.

Q. Then by that I assume that you mean you did recognize him before

you went into the Bartlett house?

A. Before I did, yes.

The witness’ husband told a somewhat different story. At no time,

had either of the strange men been illuminated by the beams of the

motorcycle’s light. While he had not watched his wife walk over to the

Bartlett’s, he had seen her on the return trip. At that time, he was

sure that, with the exception of Boda, all the strangers were standing

near the cycle. He had told Boda that he couldn’t have the car that

night because “there were no 1920 number plates on it.” The latter had

replied that “I will send somebody for it tomorrow,” but no one had

ever called for the car.

Michael J. Connolly and Earl J. Vaughan, two Brockton policemen, had

arrested the defendants on the North Elm Street trolley later that

evening. Connolly was the first officer to board the car. “... I went

down through the car,” he said, “and when I got opposite the seat I

stopped and I asked them where they came from. They said, ‘We went down

to see a friend of mine.’ I said, ‘Who is your friend?’ He said ‘A man

by the ---- they call him ‘Poppy.’ ‘Well,’ I said, ‘I want you, you are

under arrest.’”

According to Connolly, Vanzetti, who had been sitting on the seat

nearest the window, put his hand in his hip pocket. The policeman had

shouted, “Keep your hands out on your lap, or you will be sorry!” When

the two defendants asked him why they were being arrested, he had told

them that they were “suspicious characters.” Vaughan then boarded the

car and Connolly ordered Vanzetti to stand up so that the latter could

“fish” him. He himself gave Sacco “a slight going over ... did not go

into his pockets.”

Q. Was anything found on either man at that time?

A. There was a revolver found on Vanzetti.

The two suspects were then transferred to a police car which was

waiting alongside the tracks. Connolly “put Sacco and Vanzetti in the

back seat ... and Officer Snow got in the back seat with them. I took

the front seat with the driver, facing Sacco and Vanzetti.” During

the trip to the Brockton station house, Connolly noticed that Sacco

“reached his hand to put under his overcoat and I told him to keep

his hands outside of his clothes and on his lap.” When he asked the

defendant, “Have you got a gun there?,” the latter had replied, “No, I

ain’t got no gun.” Merle A. Spear, the driver of the car, swore that he

had heard this conversation and that Sacco had answered, “You need not

be afraid of me.” Later that evening, a Colt revolver had been found in

Sacco’s pocket.

Chief Stewart had arrived at the police station shortly after eleven

o’clock that night. The two prisoners told him much the same story

that they had related to Connolly. They insisted that they had gone to

West Bridgewater to see a friend named Poppy but denied any knowledge

of Boda or Orciani’s motorcycle. Sacco thought that they had left his

house at 6:30 that day while Vanzetti was sure that they had started

out three hours earlier. Sacco claimed that he had purchased his Colt

in Hanover Street in Boston many months before his arrest.

On June 22nd, after fifty-nine witnesses had testified for the

prosecution, Katzmann informed Judge Thayer that “We believe we have

nothing further to offer ... the Commonwealth rests, if your Honor

please.” Following Callahan’s opening statement, the defense promptly

called Frank J. Burke, the glassblower who had watched the Buick race

over the Pearl Street crossing after the murders. He had gotten a

good look at its passengers and he was certain that neither defendant

had been in the car. “I would say they were not,” he said. But on

cross-examination, Katzmann succeeded in showing that the witness had

such poor eyes that he had thought that Mr. Callahan’s Hudson in which

he had been driven to the courthouse that very morning was a Buick.

Mrs. Barbara Liscomb, the Rice & Hutchins employee who had fainted when

one of the gunmen pointed his pistol at her, “would always remember his

face.” When she had been taken to the Brockton police station, she had

been unable to identify either defendant.

Q. And you have looked at these men in the dock?

A. I have.

Q. Are either of the men in the dock the man you saw pointing the

revolver at your window?

A. No, sir.

She was “positively sure” that she had never seen either Sacco or

Vanzetti before.

Jennie Novelli, a nurse, who, some ten minutes before the shooting, had

seen the Buick proceeding slowly up Pearl Street in the direction of

the Rice & Hutchins plant, said the man who had been sitting next to

the driver was not Sacco although she had previously told a detective

that a photograph of the defendant “resembled” the man she had seen in

the car. Albert Frantello insisted that the defendants were not the

men he had noticed leaning against the Rice & Hutchins fence before

the murders. None of the laborers at the restaurant excavation or the

railroad employees who had been repairing tracks at the Pearl Street

crossing could say that they had seen Sacco or Vanzetti in the vicinity

of the crime. In all, some two dozen eyewitnesses testified that they

had not seen either defendant in South Braintree on April 15, 1920.

Vanzetti was the first of the two defendants to take the stand. As far

as the day of the murder was concerned, he insisted, in broken English,

that he had not left Plymouth. In the morning, he had been “selling

fish from a cart” on Castle and Cherry Streets. Some time during the

morning, he had asked Joseph Rosen, a peddler, to accompany him to the

home of Mrs. Alphonsine Brini so that she could look at a piece of

cloth which Rosen wanted to sell to him. Vanzetti thought that this had

taken place “near one o’clock, about half past eleven, something like

that, half past twelve, about one o’clock.”

After he had sold all his fish, the defendant had visited Melvin

Corl, a friend of his, who was painting his boat. He had had a long

conversation with Corl--about an hour and a half--during which time he

had also talked to a boat builder by the name of Frank Jesse. Then he

had gone home, changed his clothes, and eaten his supper. He could not

remember what he had done after finishing his dinner.

On May 5th, he had accompanied Boda to the Johnson home in order to

pick up the latter’s car which was to be used in collecting radical

literature from the homes of some of his friends “in five or six

places, five or six towns.” The mysterious death in New York, on May

3rd, of Andrea Salsedo, a radical with whom he had been associated

for many years, had convinced him that he should “get the books and

literature to put at some place and hide not to find by the police or

the state.” He had not told the police about his plans for that night

“because in that time there, there was the deportation and the reaction

was more vivid than now and more mad than now.”

He readily admitted that he had lied to Stewart when the police chief

had questioned him after his arrest. “I was afraid,” he said, “he went

into the house of the people that they named and found some literature

or paper and arrested the men ... I was scared to give the names and

addresses of my friends as I knew that almost all of them have some

books and some newspapers in their house by which the authorities

take a reason for arresting them and deport them.” His fears had been

aggravated by the fact that Officers Connolly and Vaughan had refused

to tell him why he was being taken into custody.

Q. What did they say what you were arrested for?

A. They say, ‘Oh, you know, you know why.’ And when I try to sleep in

the cell, there is no blanket, only the wood. Then we called for the

blanket, because it was rather cool. They say, ‘Never mind, you catch

warm by and by, and tomorrow morning we put you in a line in the hall

between the chairs and we shoot you.’

In fact, during the night, one of his jailers had spit in his face and

threatened him with a revolver.

Vanzetti also conceded that he had lied to Katzmann when the District

Attorney had questioned him about the price he had paid for his

revolver, the number of times he had visited Boston overnight, and his

acquaintance with Boda. Again he based his reluctance to tell the truth

on his desire to shield his friends. “I intend to not mention the name

and house of my friends” he explained.

Joseph Rosen testified that he had sold Vanzetti several pieces of

cloth at noon on April 15th. Mrs. Brini remembered that she had seen

the defendant selling fish that morning and that he and Rosen had come

to her house to get her opinion as to the worth of some swatches of

material. Her daughter, LeFavre, had also seen the fish peddler on both

occasions. At noon, Angel T. Guidobone, a rug worker, had purchased

some codfish from Vanzetti. Melvin Corl recalled that the defendant had

visited him when he was painting his boat, and Frank Jesse stated that

he had talked to Vanzetti about an automobile while they were watching

Corl at work.

Sacco confirmed Vanzetti’s testimony that both men had told falsehoods

because they were afraid that they had been arrested for their radical

activities. Since the police had not informed them of the nature of

the charges against them, he had been convinced that he and Vanzetti

had been picked up because they had been working “for the movement for

the working class, for the laboring class.” In fact, one of the first

things Stewart had asked him was whether he was a Socialist.

Q. When he asked you what you were in Bridgewater for, did you give

him a true reason for being there?

A. No, sir, because I was afraid to arrest us, they arrest somebody

else of the people....

Like Vanzetti, he freely admitted that he was a Socialist who did not

believe in war. After the United States entered the war in 1917, both

he and his co-defendant had run away to Mexico to avoid the draft.

Sacco had returned to Massachusetts several months later under an alias

and had not resumed his real name until after the war ended. As he put

it, “What right do we have to kill each other? I don’t believe in no

war. I want to destroy those guns.” He loved his adopted country, but

his hatred of war was greater than his devotion to an abstraction.

As far as April 15th was concerned, he maintained that he had spent the

entire day in Boston. In the middle of March, he had received a letter

informing him that his mother had died in Italy. He had decided to take

his family back to the old country and had gone to Boston on the day of

the murders to have his passport validated at the Italian Consulate. He

had taken the 8:56 train from Stoughton and, after arriving at South

Station, had walked to Hanover Street where he had met Angelo Monello,

a Roxbury contractor. Then he had gone to Boni’s Restaurant for lunch

with Felice Guadagni, the editor of an Italian journal. The two men

were later joined by John D. Williams, a space salesman for several

foreign-language newspapers, and Albert Bosco, a _La Notizia_ editor.

Sacco had left Boni’s at 1:30 and gone to the consulate. He was told

by some man there that the photograph he had brought was much too

big to fit on a passport. Then he had dropped in at a nearby coffee

house where he had again met Guadagni and Antonio Dentamore, a former

newspaperman. At 3:20, after buying some groceries at a nearby store,

he had paid a debt of fifteen dollars to a man named Affe. Then, he had

caught the 4:12 train back to Stoughton, arriving home shortly after

six o’clock.

Katzmann was remorseless in his cross-examination. Why hadn’t the

defendant gone to the consulate in the morning and taken the noon

train back to Stoughton? “Well, I think to pass all day when I been in

Boston,” was the reply. Hadn’t he lied to George Kelley, his foreman,

when he had told him “that there was such a crowd in there you could

not get your passport and the place closed and you missed the noon

train for that reason?” Yes, he had lied to Mr. Kelley. He also hadn’t

told the truth at Brockton when he claimed that he had worked on the

fifteenth. “I was not sure,” he explained, “There was not interest to

me very close to find out the date I have been out.”

A bevy of witnesses paraded to the stand to buttress Sacco’s alibi.

Dominick Ricci said that he had seen the shoemaker early on the morning

of the fifteenth at the Stoughton railroad station. At eleven a.m.,

Angelo Monello had passed the time of day with him in East Boston.

Guadagni, Williams and Bosco verified the lunch at Boni’s. According

to an affidavit submitted by Guiseppe Andrower, the former passport

officer at the Italian consulate, Sacco had come to his window at

two p.m. and shown him a photograph which the official had said was

too large for a passport. “April 15th, 1920, was a very quiet day,”

he swore, “and since such a large photograph had never been before

presented for use on a passport, I took it in and showed it to the

Secretary of the Consulate. We laughed and talked over the incident.”

At 2:45, at Giordani’s coffee house, the defendant had complained to

Dentamore that he would have to go to the expense of having another

picture taken for his passport. Carlos M. Affe remembered that Sacco

had dropped in at his grocery store between three and four o’clock to

pay an outstanding bill of $15.50. Mrs. Sacco, who testified through

an interpreter, knew that her husband had gone to Boston on the 15th

because that was the day she had been visited by Henry Iacovelli, a

friend from Milford. Mr. Iacovelli confirmed that he had indeed called

at the Sacco home that day.

As for their guns, each defendant had an explanation. Vanzetti claimed

that he had bought his for five dollars from a friend named Luigi

Falzini in early 1920 because “it was a very bad time and I like to

have a revolver for self defense.”

Q. What do you mean ‘It was a bad time?’

A. Bad time, I mean it was many crimes, many holdups, many robberies.

Sacco maintained that he had gotten into the habit of carrying a gun

when he had worked as a night watchman at the 3-K Shoe Factory. On the

day he was arrested, he and Vanzetti had planned “to go to shoot in

the woods” but had not done so because “we started an argument and I

forgot....”

On July 14th, after Judge Thayer had delivered his charge from a

flower-bedecked bench, the jury retired. Some seven hours later, it

filed back into the courtroom. When Clerk Worthington asked if it had

reached a verdict, Foreman Walter R. Ripley announced that it had. He

and his colleagues had found each defendant guilty of murder in the

first degree. Thayer was happy to express the Commonwealth’s gratitude

for “the service that you have rendered. You may now go to your homes,

from which you have been absent for nearly seven weeks.” As the twelve

men hurried to take his Honor’s welcome advice, Sacco shouted, “They

kill an innocent man! They kill two innocent men!”

His prophecy was somewhat premature. On November 5th, a motion for a

new trial on the ground that the verdict was against the weight of

evidence was argued before Thayer. It was denied on the day before

Christmas. As far as the judge was concerned, he would not “announce

to the world that these twelve jurors violated the sanctity of their

oaths, threw to the four winds of bias and prejudice their honor,

judgment, reason and conscience, and thereby abused the solemn trust

reposed in them by the law as well as the Court.” If any errors had

been committed during the trial, no one would be happier than he if the

Supreme Judicial Court corrected them. “But until that time comes,” he

said, “so far as these motions are concerned, the verdicts of the jury

must stand.”

Before Thayer’s decision, Jeremiah McAnarney had learned that, during

the trial, Foreman Ripley had exhibited some .38-caliber cartridges to

other members of the jury. Unfortunately, Ripley died before the lawyer

could obtain a statement from him. However, two of his fellow jurors

admitted that they had seen the bullets and, on the strength of this,

the defense attorneys filed the first of six supplementary motions for

a new trial. In their briefs, they argued that it was improper for the

jurors to have considered any but legitimate exhibits.

... and justice for all · 第 8 / 21 段