While Ripley was downstairs examining his bullets, Thomas McAnarney
in the upstairs corridor happened to run into Captain Proctor and the
Commissioner of Public Safety, Colonel Alfred Foote, and they chatted
together before court resumed. McAnarney never forgot Proctor’s
parting remark to the commissioner: “These are not the right men. Oh,
no, you haven’t got the right men.”
On Wednesday, June 22, the short opening statement for the defense
was made by William Callahan, who, although he had been dropped as
Vanzetti’s counsel in the Plymouth trial, still remained associated
with Sacco’s defense. Whatever his capacities, he kept the confidence
of both defendants to the end. Moore wanted him, as a local lawyer,
to present the case, and this was one of the few times he emerged
from his background role. Callahan first reminded the jurors that the
defendants were presumed innocent. Then he promised that the defense
would show what Vanzetti was doing on April 15 and would prove that
Sacco was in Boston getting a passport. In addition, the defense
would offer witnesses to show that the men in the South Braintree
bandit car were not Sacco and Vanzetti.
Moore intended to swamp the prosecution with witnesses. After a
protracted exposition by Charles Breed, a civil engineer who had
made maps and photographs of the Pearl Street area for the defense,
Moore produced Edward Carter, a cutter at the lower Slater & Morrill
factory. As the first shots were fired Carter had looked out a window
and up the street to what, until he saw a man drop, he thought was
a bunch of boys fooling. From his distance of eighty yards and with
the sun in his eyes the men had been indistinct. He was unable to say
whether or not the defendants were the men he had seen.
Frank Burke remembered the man in the front seat who had thrust a
pistol in his face as the Buick passed the cobbler’s shop. That man
was “very dark complected and needed a shave very badly.” Burke also
noticed a man with a “short cropped mustache” in the back seat. But
when Callahan asked him if the defendants were the men he had seen
ten feet away in the car, the most he could get Burke to say was: “I
would say they were not.” John Dever was not favorably impressed.
Burke seemed to him to be “altogether too anxious at times to
volunteer information and at other times evasive and vacillating.”
Katzmann wanted to know how Burke knew the car was a Buick. Because,
Burke said, it was like the car belonging to lawyer Callahan in which
he had ridden to court this morning. His powers of observation were
at a discount when it turned out that Callahan’s car was a Hudson.
Public-domain text, read in full here on John Shaqi.
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