There was the expected truism—none the less true—that “guilt or
innocence of crime do not depend upon the place of one’s birth;
neither should the place of one’s birth, the proportion of his
wealth, his station in life, social or political, or his views
on public questions prevent an honest judgment and impartial
administration and enforcement of the law, for when the time comes
that these conditions exist to an extent that men, because of these
conditions, cannot be indicted, tried, acquitted or convicted
according to the laws of the Commonwealth in a court of justice, the
doors to our courthouses should then be closed and we should announce
to the world the impotency of our courts and the utter failure of
constitutional or organized government.”
Not until he had passed the halfway mark did Judge Thayer abandon
generalities for facts. Then he summed up the case adequately enough:
“The Commonwealth claims that these defendants were two of a party
of five who killed the deceased. The defendants deny it. What is the
fact? As I have told you, the Commonwealth must satisfy you of that
fact beyond reasonable doubt. The defendants are under no obligation
to satisfy you who did commit the murders, but the Commonwealth must
satisfy you beyond reasonable doubt that the defendants did. If
the Commonwealth has failed to so satisfy you, that is the end of
these cases and you will return verdicts of not guilty. This is so
because the identity of the defendants is one of the essential facts
to be established by the Commonwealth. On the other hand, if the
Commonwealth has so satisfied, you will return a verdict of guilty
against both defendants or either of them that you so find to be
guilty.”
[Illustration: _Dedham, April 9, 1927, just before sentence was
passed._]
[Illustration: (Top) _The shells Bostock gave to Fraher; Shell W
third from left._
(Center) _The bullets removed from Berardelli’s body. The mortal
Bullet III, deformed by impact, is third from left._
(Bottom) _The bullets as marked by Dr. Magrath. Note deformation of
Bullet III, third from left._]
[Illustration: _Sacco’s Colt automatic._]
[Illustration:
_Vanzetti’s Harrington & Richardson revolver._ ]
[Illustration:
_Composite photograph of Shell W_ (left) _and test shell_ (right),
_showing continuous breechblock markings above and below firing pin
indentation_.
AMERICAN HERITAGE MAGAZINE ]
[Illustration: (Above) _District Attorney Frederick Katzmann._]
[Illustration: (Below) _Judge Webster Thayer._]
[Illustration: (Right) _William Thompson_, _Herbert Ehrmann_, _Tom
O’Connor_.]
[Illustration: (Far right) _Fred Moore and Eugene Debs_ (front)
_after visiting Vanzetti in Charlestown Prison_.]
[Illustration:
_The jury’s Fourth holiday at North Scituate._
_Ripley_ _King_ _Marden_
_Gerard_ _McNamara_ _Parker_ _Dever_ _McHardy_
_Fales_ (Sheriff) _Capen_ (Sheriff) _Hooper_ (Sheriff)
_Ganley_ _Hersey_ _Waugh_ _Atwood_
]
Public-domain text, read in full here on John Shaqi.
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