Thayer had been talking for several hours. He shifted a vase of pinks
slightly to his right so that he could eye the jury more emphatically
before beginning his peroration, his particular pride:
“My duties, gentlemen, have now closed and yours begun. From this
mass of testimony introduced you must determine the facts. The law,
as I have told you, places the entire responsibility in your hands.
I therefore call upon you to constantly bear in mind these parting
words of the Court that here, in this temple of justice, before
God and man, you made oath that you would ‘well and truly try the
issue between the Commonwealth and the defendants according to your
evidence. So help you God.’
“I have now finished my charge. My duties are now at an end. I
have tried to preside over the trial of these cases in a spirit of
absolute fairness and impartiality to both sides. If I have failed
in any respect you must not, gentlemen, in any manner fail yours. I
therefore now commit into your sacred keeping the decision of these
cases. You will therefore take them with you into yonder jury room,
the silent sanctuary where may the Great Dispenser of justice, wisdom
and sound judgment preside over all your deliberations. Reflect long
and well so that when you return, your verdict shall stand forth
before the world as your judgment of truth and justice. Gentlemen, be
just and fear not. Let all the end thou aimest at be thy country’s,
thy God’s and truth’s.”
There was a moment’s silence, then a murmur went through the
courtroom like a collective sigh, followed by a shuffle of feet as
spectators and jury began to file from the room, while the lawyers
worked their way to the back for another consultation. Vanzetti bent
over and whispered to Sacco as a deputy with handcuffs opened the
cage door.
Moore, observing legal etiquette, remarked formally to the Court that
whatever the jury’s verdict no one could say that the defendants had
not had a fair trial.
* * * * *
Judge Thayer was in a good mood as he walked briskly to the Dedham
Inn for lunch. The trial that had cut so deep into his summer was
over. He would no longer have to endure the daily sight of that
long-haired California radical. His charge had gone off well.
Inside the dining room he stopped at the reporters’ table where
Frank Sibley, with his Windsor tie, sat at the head. “Did you see
that jury when I finished my charge?” Thayer asked of no one in
particular. “Three of them in tears!” Sibley and the others said
nothing. The silence nettled the judge. He looked them up and down
and then said pettishly, “I think I am entitled to have a statement
printed in the newspapers that this trial was fairly and impartially
conducted.” Again there was silence. Sibley looked down at the
tablecloth in embarrassment.
Finally Thayer spoke to him directly. “Sibley, you are the oldest.
Don’t you think this trial was fairly and impartially conducted?”
Public-domain text, read in full here on John Shaqi.
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