When the report that Sacco was not insane was read to the court,
Sacco smiled ironically. Thompson, his self-assurance unruffled,
urbanely at home where Moore had appeared the bumptious stranger,
nevertheless seemed to feel it necessary to explain his presence
in the radical galley. “It is supposed that these defendants have
radical opinions,” he announced, in opening the argument for the
Ripley motion. “Mr. Hill and I do not hold such opinions,” he
went on, refraining from glancing at Moore, “and we are not here
supporting such opinions. I think I shall be believed also when I say
that we are not here for pecuniary reasons. We think we are rendering
humble service to the institutions of law and order by coming here to
argue that an error has been committed.
“I have no reason to believe that either one of these two defendants
has ever endeavored by threats or in any other improper way to obtain
undue influence in the court. Some of their enthusiastic friends may
have done so, but this fact ought not to weigh against the defendants.
“That’s why Mr. Hill and I are here,” he concluded. “It’s because
some of our friends have talked in the way Daley says Ripley talked.”
Thompson then spent the morning arguing the Ripley motion. In
the afternoon Hill took over. “From the time I had been in the
courtroom fifteen minutes,” he later told the Lowell Committee,
“and had my first talk with the judge I did not have any doubt as
to what the result of the case would be, independent of its actual
merit, and that was not because I felt that there was anybody
who was consciously trying to do wrong, but I thought everybody
connected with the case had got themselves into a state of mind, a
mental condition where reason had practically ceased to operate and
prejudice and emotion had taken its place.”
The session saw a prolonged altercation between Judge Thayer and the
usually quiet-spoken Thomas McAnarney.
“I understand Your Honor to say that after a night of discussion we
decided not to open up the issue of radicalism,” Judge McAnarney
challenged Judge Thayer, his voice hard. “That is not so.”
“It is so,” Thayer announced bluntly, a tawnier shade creeping into
his parchment cheeks.
McAnarney struck back. “All I ever said to my client was to tell the
truth and tell all the truth at all times. It didn’t take me five
minutes to decide that.” He turned away from the bench and walked
toward his chair, wiping his forehead with his handkerchief.
Thayer’s voice pursued him. “Mr. McAnarney! Three times you opened up
this subject, and three times it was stricken out.”
McAnarney’s voice trembled a little. “Three times it had to be opened
up. There was no safe course for the defendants to pursue excepting
to tell the truth and all the truth.”
“I know what took place here,” Thayer insisted.
Public-domain text, read in full here on John Shaqi.
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