When Judge Thayer went down to breakfast early Thursday morning and
looked hopefully around the club’s almost empty dining room, his eye
fell on the frosty George Crocker at a table by the window and he
walked over and sat down opposite him. Crocker, an elderly codfish
Bostonian, greeted Thayer with a noticeable lack of cordiality.
Several times during the month the judge had waylaid him in the
lounge and filled his unwilling ears with news about the Dedham
trial, insisting that Americans must now stand together to protect
themselves against anarchists and Reds. Conservative lawyer that
he was, Crocker felt offended at Thayer’s violation of the legal
proprieties in even mentioning a current case. Oblivious of the
other’s disapproval, Thayer would say that it was nonsense that the
defendants were being prosecuted as radicals. Just the same, in his
opinion, they were anarchists and draft-dodgers, and they had failed
to establish alibis.
This morning, before Crocker had finished his grapefruit, Thayer
pulled some sheets of paper out of his pocket saying proudly: “I
want to read you part of the charge I am going to deliver today.” He
talked on, quoting part of Moore’s argument, and then reading more of
his charge, smacking his lips at the end with “That will hold them!”
Crocker replied sniffily or not at all. On leaving the dining room
he warned the steward, “For Heaven’s sake, don’t put me with that
man again!”
* * * * *
Court opened late. Judge Thayer had again timed it that way for
dramatic effect. Every seat was taken and the bar enclosure was
filled with lawyers as Sacco and Vanzetti took their place in the
cage, for it had been noised about in State Street that the judge’s
charge would make legal history. The opening, however, had more the
air of a graduation ceremony than a murder trial. The judge’s desk
was buried in flowers—a huge vase of gladioli sent by the sheriff,
and large bouquets of pinks from Mrs. Katzmann and the wife of
Assistant District Attorney Kane. Among the spectators were the
Marquis Ferrante, Rosina Sacco with the boy Dante, and of course Mrs.
Evans and her inevitable notebook. In spite of the heat Sheriff Capen
had resumed his blue cutaway.
With the clerk’s cry, Judge Thayer rustled in and sat down behind
the bank of flowers. For the last time the ritual was intoned, the
jury was polled, the defendants answered “Present.” Jerry McAnarney
approached the bench with a motion for a directed verdict on the
grounds that the district attorney in his argument had disclaimed
that Vanzetti was driving the getaway car as it crossed the railroad
track. Moore made the conventional request that the court order the
jury upon all the evidence to return a not-guilty verdict for Sacco.
Neither motion, they knew, would be granted. There were a few more
words added to the record about the Berardelli revolver, then the
judge’s brittle voice began:
Public-domain text, read in full here on John Shaqi.
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