With June fading, Moore found the defense again in the familiar
position of running short of money. The fifty thousand dollars
collected over the past year was gone, used up in investigations and
fees and a hundred other unavoidable expenses. Judge Thayer offered
to allow the defense to proceed _in forma pauperis_ with some of
their costs home by the Commonwealth, but this humiliation Moore
refused to accept. On June 29 with the defense lacking funds even
to pay witnesses, Mrs. Evans produced $1500 to tide them over for
the week. At the end of the week she added to this all her available
income, $2950, plus $600 contributed by her friends. Mrs. Cerise Jack
handed over $100.
The sixteen-man crew that had been digging the excavation across
the street from Rice & Hutchins and that Mrs. Nichols saw cut and
run when the shooting started could scarcely be considered the most
reliable of witnesses, but Moore with his weight-of-numbers tactics
how brought in five of them, of whom only one could speak English.
William Foley, the driver of a dump truck, had just left the
excavation with a load when the shots rang out and the Buick swayed
up Pearl Street. Foley, headed in the other direction, saw only the
driver clearly and his description of him was unique: “eyeglasses,
short mustache, soft hat, high cheekbones, sallow complexion.” He
also had a glimpse of another man in a cap sitting in the rear seat.
At this point he could not recall the men’s faces, but they were not
the men in the cage. Katzmann, weaving back to Boda, asked Foley
several times if the driver was not wearing a velour hat. Foley
remembered it as a soft hat, but was positive it was not velour. He
admitted that he could not tell whether or not the man in the back
seat was one of the defendants.
Emilio Falcone, who had been shoveling dirt into Foley’s truck just
before the shooting, testified through the court interpreter, Joseph
Ross, who also acted as Judge Thayer’s chauffeur. Falcone thought
that he had been forty or fifty feet away from the shooting, near
enough at least so that he heard Parmenter groan as he dropped. The
man who shot him was “kind of pale, light, pale.” Another man had
picked up the money-box. Under Callahan’s rather fussy questioning
as to whether the two men in the cage resembled the men in the car,
Falcone said they did not. Callahan’s reiterations, doubly tedious
through translation, made Falcone lose his temper. “Well, for God’s
sake,” he replied, “why do you ask me again?”
Public-domain text, read in full here on John Shaqi.
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