Judge Thayer asked if proper instructions to the jury would not take
care of the situation. The defense lawyer must have realized that
there was no chance of the motion being granted, but he also realized
what a damaging effect Sacco’s outburst had had on the jury. He felt
he must at least make the gesture of dissociating Vanzetti, with the
possibility that this might be allowed later by a higher court.
As Sacco resumed the stand on Saturday morning, the books and
pamphlets found in his house were admitted as evidence. Then Jerry
McAnarney, taking over the re-examination, asked more details about
letters Sacco had received from Italy announcing his mother’s death.
The week had been long, and the morning seemed anticlimactic, as if
the trial were now coasting downhill to its conclusion. Suddenly,
dramatically, McAnarney revealed that Sacco had recently seen a man
sitting in the front row of the court who, he was certain, had ridden
back on the train from Boston with him on April 15.
To Judge Thayer’s question as to why this was not merely hearsay,
McAnarney replied that he proposed to follow the statement by
producing the man in question. Sacco said that Moore had often asked
if he remembered anyone who had ridden up on the train with him that
day. He had never been able to, then all at once he had noticed
this man in court and he somehow remembered his face. He did not
know his name. He had not spoken to him. The mysterious witness had
been subpoenaed by the defense, but with the conclusion of Sacco’s
testimony he could not at once be found.
His place was taken by a routine witness, a Stoughton photographer,
Edward Maertens, who stated that some time in April he had made a
passport photograph of the Sacco family, as well as a much larger
one several weeks earlier. Next Walter Nelles, a New York lawyer,
testified that he talked with Luigi Quintiliano the last week in
April 1920 about disposing of socialistic and radical literature.
Two Brockton shoe-workers, Rocco Dalesandro and Michael Columbo,
then testified that on Monday, May 3, they had talked with Sacco in
Brockton about getting rid of their literature. Later, Columbo had
bundled up all such papers and pamphlets that he owned.
Public-domain text, read in full here on John Shaqi.
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