At the end of the session he reluctantly postponed the hearing until
October 25 to allow both sides to file additional affidavits. On that
day the Andrews and Pelser affidavits and counteraffidavits were
read. The next day Moore took over with his old vitality and argued
all day on the Goodridge motion, insisting again and again that the
district attorney had intimidated the man and shaped his evidence by
the threat of revoking his Massachusetts probation.
* * * * *
Judge Thayer was once more living at the University Club. Each
morning he and a group of reporters took the same train from the Back
Bay Station. Among them was a pretty young woman, Mrs. Elizabeth
Bernkopf, from the International News Service, to whom the senescent
but still gallant judge took a particular fancy. At first he merely
waited until she had taken her place in the car and then asked if
he might sit with her. Later he took to joining her on the platform
before the train arrived.
Sitting beside her in the train, he would unburden himself of his
incubus case while she kept inviolably silent. As the city slums
receded, replaced beyond Forest Hills by the trim rectangles of the
suburbs and the autumn outline of Great Blue Hill, he talked on
and on, boasting that he “could not be intimidated by anybody or
anything.” The defense “would find that they could not hoodwink him.”
He represented the integrity of the courts of Massachusetts, he told
her, and he was going to maintain that integrity.
One morning Judge Thayer gave Mrs. Bernkopf his autographed picture.
Occasionally she would get a knowing look from the other reporters
as they passed down the aisle. The judge said he had long been put
out by the kind of people who were supporting the defense, but what
really stirred him so that even the recollection stepped up his pulse
was “that long-haired anarchist lawyer from California.” The old man
would lean forward confidentially, assuring the young woman that if
Moore thought he could outwit the courts of Massachusetts he had
another think coming. Maybe Moore could play that game successfully
in California, but those tricks and threats just would not work in
Dedham. He, Judge Thayer, was not going to be imposed on!
As the train pulled into the Dedham Station, Thayer with avuncular
gallantry would guide Mrs. Bernkopf’s elbow down the aisle, tip his
hat to her on the platform, and say that he hoped he would have the
pleasure of her company again. Three years later she recorded the
substance of his conversations in an affidavit.
* * * * *
Public-domain text, read in full here on John Shaqi.
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