Nineteen twenty-four was the year of indecision when, after
Hamilton’s discomfiture over the pistol barrels, the legal clockwork
seemed to have run down, when Judge Thayer—who alone might have
rewound it—was again ailing, when no one could even guess the date
of his decisions on the supplementary motions. Vanzetti, at the time
Sacco was turning his back on visitors, became so frustrated by the
suspense that for a while he considered going on a hunger strike. “I
am tired—tired—tired!” he wrote early in the autumn. “I asked if to
live like now for love of life is not, rather than wisdom or heroism,
mere cowardness.”
From July until September the courts closed for the long recess. In
the yard of the Dedham jail during the exercise period the prisoners
hung about languidly under the shadow of the wall. At Charlestown the
sun beating down on the slate roofs set the air smoldering. In such
weather the excremental smell of drains seemed to ooze from the very
stones of the old building. Vanzetti noted that it must be equally
fetid in the narrow streets of the North End.
Those who could get away fled the heat. Judge Thayer had gone to
his cottage at Falmouth, on Cape Cod where, with the breeze cutting
in from across Buzzards Bay, he spent the mornings working on his
decisions on the five supplementary motions. The close of summer did
not see his task at an end. Not until the first of October did he at
last file his findings in the clerk’s office at Dedham.
The news flashed across the Boston papers in blacker headlines than
any that had appeared since the conviction. Thayer had denied all
five motions!
With regard to the Ripley motion Thayer found “that said Ripley
brought with him innocently and thoughtlessly the said three
cartridges ... that whatever Ripley said or did in relation to said
three cartridges, he never intended to prejudice in any manner the
rights of the defendants.” Hamilton had made an affidavit claiming
that the Ripley shells showed signs of having been pushed into
Vanzetti’s revolver. Thayer pointed out that the other jurors had
sworn that Ripley had not exhibited the bullets in the jury room, and
there would have been no other opportunity. He considered that any
comparison Ripley made between his own cartridges and the exhibits
must have been a mental one, since, although jurors had seen the
Ripley bullets in the dormitory downstairs, no one had seen them
elsewhere.
The basic claim of the defense was that there had been an improper
exhibit in the jury room. Certainly Ripley’s three bullets were
improperly, if accidentally, there. But Thayer’s finding seems
reasonable: “The mere production of the Ripley cartridges and the
talk or discussion about them did not create such disturbing or
prejudicial influence that might in any way affect the verdict.
Public-domain text, read in full here on John Shaqi.
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