He and Moore continued their verbal dueling, carrying it over to
the concluding arguments on Saturday, November 5. When Moore tried
to explain how the issue of radicalism had injured his clients,
Judge Thayer pointed out his trial ruling that “No evidence of the
defendants’ radical activities or opinions would be allowed until the
defense released such matter themselves.” Moore characterized the
ruling as a Greek gift, the Virgilian reference escaping Judge Thayer.
Following this formal and predetermined motion the defense filed
five supplementary motions for a new trial: the Ripley motion, the
Gould-Pelser motion, the Goodridge motion, the Andrews motion, and
the Hamilton-Proctor motion.
A month or so after the trial Jerry McAnarney had met the jury
foreman, Walter Ripley—whom he had known for years—on the street in
Quincy. They stopped on the corner to talk, and Jerry learned for
the first time about the three cartridges that Ripley had casually
brought to court in his vest pocket and during the trial compared
with the five cartridges found in Vanzetti’s revolver. Ripley thought
nothing of the matter, but for Jerry it was the first crack in the
verdict. He now interviewed nine of the other jurors and obtained
affidavits from several of them. Wallace Hersey and Frank McNamara
admitted they had seen the Ripley bullets, Frank Marden and Seward
Parker that they had heard about them. Ripley himself had died of a
heart attack on October 10, before McAnarney could get an affidavit
from him. His widow signed an affidavit that her husband had had the
bullets with him during the trial. This admitted fact was the basis
of the first supplementary motion, a lengthy document that claimed in
substance that “if during the trial Ripley made a comparison between
these three cartridges and the five cartridges taken from Vanzetti’s
revolver, then the defendants are entitled to a new trial as a matter
of right.” The Ripley motion with its accompanying affidavits was
filed on November 8. Judge Thayer announced that he would set a
hearing date satisfactory to both sides.
On the afternoon before Christmas, 1921, exactly two years after
the Bridgewater crime, in a gray, nearly empty courtroom, the
wintry-faced Thayer denied the October motion for a new trial. “I
cannot,” he intoned, “as I must if I disturb these verdicts—announce
to the world that these twelve jurors violated the sanctity of their
oaths, threw to the four winds of bias and prejudice their honor,
judgment, reason and conscience, and thereby abused the solemn trust
reposed in them by the law as well as by the Court. And all for what
purpose? To take away the lives of two human beings created by their
own God. The human frailties of man, his tender regard and love for
human life and his profound sympathy for his fellow-men, when charged
with the gravest offence known to the law, repudiates the suggestion.”
Three days after this denial Fred Moore wrote to a friend:
Public-domain text, read in full here on John Shaqi.
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