It was after six before Katzman, facing a weary jury and a long-since
emptying courtroom, made his last points. He asked who knew better
about the Harrington & Richardson revolver, the man who had put in a
new hammer or an expert who had never seen it before. He questioned
the disorder and general lack of dates in Affe’s grocery account
books. He wondered why the defense had produced no witnesses from
Rice & Hutchins, where Sacco had worked, to say he was not the
man. He concluded with a flourish: “You are the consultants here,
gentlemen, the twelve of you, and the parties come to you and ask
you to find out what the truth is on the two issues of guilt or
innocence. Men of the jury, do your duty. Do it like men. Stand
together, men of Norfolk!”
Nothing was left but the judge’s charge and the jury’s verdict.
* * * * *
Judge Thayer spent that evening at the University Club in Boston
working on his charge. Like most intermediate judges, he tended to
make his charges set pieces formed out of the accumulated mosaics
of the law, varying in detail according to the particular case,
but in general outline the same. The basic function of a charge
is to enable the jury to sift the relevant from the irrelevant.
In his Sacco-Vanzetti charge of twenty-four pages, only ten were
given to the specific aspects of the case. The formula was based
on a standard set of legal truisms: that a man is innocent until
proved guilty, that reasonable doubt is the doubt of a reasonable
man, that no inference of guilt shall be drawn from an indictment,
that circumstantial evidence can at times be as weighty as direct
evidence, that English common law as adopted by American practice is
one of the glories of the world, and so on. Thayer’s first childhood
memories were of the boys in blue of the Civil War; he had been
appointed to the bench the year that the United States entered the
World War, and his attitude toward soldiers was that of a sentimental
civilian. Ever since his appointment he had peppered his charges and
his less formal addresses with references to “our soldier boys.” It
was a habit that still continued three years after the Armistice, and
that could have somewhat sinister connotations in the trial of two
draft-dodging anarchists.
With the fervor of a poet Thayer worked at his manuscript late into
the night. He was proud of his literary efforts. Like most Americans
whose school course included the elocution lessons of the post-Civil
War period, his taste ran to the flamboyant. Vague metaphorical
phrases blossomed under his hand. “Let the star of a sound judgment
and profound wisdom guide your footsteps into that beautiful realm
where conscience, obedience to law and to God, reigneth supreme.”
Such phrases he found reassuring. And his indwelling sense of
insecurity made him need assurance, turned him at times garrulous,
biased him against foreigners, and drove him to indiscretions that
were later to become notorious.
Public-domain text, read in full here on John Shaqi.
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