Captain Proctor’s affidavit was more of a problem, for there were
no two ways about it. Proctor had signed his name to his own
impeachment, and Katzmann and Williams had never denied the substance
of it. Nevertheless, it was Thayer’s opinion that Proctor had
meant what he said in court, and that the jury had so understood
it. “If Captain Proctor found no facts to believe that the mortal
bullet passed through the Sacco pistol, why, when he had a perfect
opportunity so to do, did he not say that his opinion was then, as
it is now, that it was not _consistent_ with it?” Thayer did not
feel there had been any conniving by Katzmann and Williams to shape
the question in advance. He did not try to explain why Proctor had
afterward made the refuting statement.
“If I have erred in my judgment (and I fully realize I am human),”
Thayer concluded with a sense of relief at freeing himself from the
burden, “let me express the assurance that the supreme judicial court
of this Commonwealth in due time will correct such error.”
Neither Moore nor Thompson had expected any other outcome, but the
motions had served their purpose. They had postponed the defendants’
execution, and they had provided questions of law to be ruled on
by a higher court. With the Goodridge, Pelser, Andrews, and Daley
affidavits Thompson felt there was nothing more to be gained, that
these were to a degree liabilities, but he appealed the denials of
the Ripley, Gould, and Hamilton-Proctor motions.
After he had filed his findings with the clerk of court, Thayer felt
he deserved a holiday, and for him a holiday in the autumn meant
Hanover, New Hampshire. The Dartmouth-McGill football game that
Saturday was only an excuse for the trip, since the Big Green was the
odds-on favorite. But to get back to Dartmouth gave Thayer a sense of
renewing himself, as if when he walked across the campus he was again
for one miraculous moment Bobby Thayer, the baseball captain who
could not quite make up his mind whether he wanted to be a big-league
player or a lawyer. He felt that he belonged in Hanover. There was
his familiar table by the window in the dining room of the Hanover
Inn, the waiter who knew him, the faces of old friends as they came
through the doorway. Much had changed, much had been added, but there
were still the white buildings of Dartmouth Row, the Senior Fence
where he had carved his initials over forty years ago, the arching
elms, still looking just as they had when he arrived as a freshman.
Each autumn brought him back, almost as if he had never left.
Public-domain text, read in full here on John Shaqi.
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