Nicola Sacco & Bartolomeo Vanzetti Part I

 Nicola Sacco (pronounced [niˈkɔːla ˈsakko]; April 22, 1891 – August 23, 1927) and Bartolomeo Vanzetti (pronounced [bartoloˈmɛːo vanˈtsetti, -ˈdzet-]; June 11, 1888 – August 23, 1927) were Italian immigrants and anarchists who were controversially convicted of murdering Alessandro Berardelli and Frederick Parmenter, a guard and a paymaster, during the April 15, 1920, armed robbery of the Slater and Morrill Shoe Company in Braintree, Massachusetts, United States. Seven years later, they were executed in the electric chair at Charlestown State Prison.

After a few hours' deliberation on July 14, 1921, the jury convicted Sacco and Vanzetti of first-degree murder and they were sentenced to death by the trial judge. Anti-Italianism, anti-immigrant, and anti-anarchist bias was suspected as having heavily influenced the verdict. A series of appeals followed, funded largely by the private Sacco and Vanzetti Defense Committee. The appeals were based on recanted testimony, conflicting ballistics evidence, a prejudicial pretrial statement by the jury foreman, and a confession by an alleged participant in the robbery. All appeals were denied by trial judge Webster Thayer and also later denied by the Massachusetts Supreme Judicial Court. By 1926, the case had drawn worldwide attention. As details of the trial and the men's suspected innocence became known, Sacco and Vanzetti became the center of one of the largest causes célèbres in modern history. In 1927, protests on their behalf were held in every major city in North America and Europe, as well as in Tokyo, Sydney, Melbourne, São Paulo, Rio de Janeiro, Buenos Aires, Dubai, Montevideo, Johannesburg, and Auckland.

Celebrated writers, artists, and academics pleaded for their pardon or for a new trial. Harvard law professor and future Supreme Court justice Felix Frankfurter argued for their innocence in a widely read Atlantic Monthly article that was later published in book form. Even the Italian fascist dictator Benito Mussolini was convinced of their innocence and attempted to pressure American authorities to have them released. The two were scheduled to be executed in April 1927, accelerating the outcry. Responding to a massive influx of telegrams urging their pardon, Massachusetts governor Alvan T. Fuller appointed a three-man commission to investigate the case. After weeks of secret deliberation that included interviews with the judge, lawyers, and several witnesses, the commission upheld the verdict. Sacco and Vanzetti were executed in the electric chair just after midnight on August 23, 1927.

Investigations in the aftermath of the executions continued throughout the 1930s and '40s. The publication of the men's letters, containing eloquent professions of innocence, intensified the public's belief in their wrongful execution. However, a ballistic test performed in 1961 proved that the pistol found on Sacco was indeed used to commit the murders. On August 23, 1977—the 50th anniversary of the executions—Massachusetts Governor Michael Dukakis issued a proclamation that Sacco and Vanzetti had been unfairly tried and convicted and that "any disgrace should be forever removed from their names".

Background

Sacco and Vanzetti

Sacco was a shoemaker and a night watchman, born April 22, 1891, in Torremaggiore, Province of Foggia, Apulia region (in Italian: Puglia), Italy, who migrated to the United States at the age of seventeen. Before immigrating, according to a letter he sent while imprisoned, Sacco worked on his father's vineyard, often sleeping out in the field at night to prevent animals from destroying the crops. Vanzetti was a fishmonger born June 11, 1888, in Villafalletto, Province of Cuneo, Piedmont region. Both left Italy for the US in 1908, although they did not meet until a 1917 strike.

The men were believed to be followers of Luigi Galleani, an Italian anarchist who advocated revolutionary violence, including bombing and assassination. Galleani published Cronaca Sovversiva (Subversive Chronicle), a periodical that advocated violent revolution, and a bomb-making manual called La Salute è in voi! (Salvation Is within You!). At the time, Italian anarchists—in particular the Galleanist group—ranked at the top of the United States government's list of dangerous enemies. Since 1914, the Galleanists had been identified as suspects in several violent bombings and assassination attempts, including an attempted mass poisoning. Publication of Cronaca Sovversiva was suppressed in July 1918, and the government deported Galleani and eight of his closest associates on June 24, 1919.

Other Galleanists remained active for three years, 60 of whom waged an intermittent campaign of violence against US politicians, judges, and other federal and local officials, especially those who had supported deportation of alien radicals. Among the dozen or more violent acts was the bombing of Attorney General A. Mitchell Palmer's home on June 2, 1919. In that incident, Carlo Valdinocci, a former editor of Cronaca Sovversiva, was killed when the bomb intended for Palmer exploded in the editor's hands. Radical pamphlets entitled "Plain Words" signed "The Anarchist Fighters" were found at the scene of this and several other midnight bombings that night.

Several Galleanist associates were suspected or interrogated about their roles in the bombing incidents. Two days before Sacco and Vanzetti were arrested, a Galleanist named Andrea Salsedo fell to his death from the US Justice Department's Bureau of Investigation (BOI) offices on the 14th floor of 15 Park Row in New York City. Salsedo had worked in the Canzani Printshop in Brooklyn, to where federal agents traced the "Plain Words" leaflet.

Roberto Elia, a fellow New York printer and admitted anarchist, was later deposed in the inquiry, and testified that Salsedo had committed suicide for fear of betraying the others. He portrayed himself as the 'strong' one who had resisted the police. According to anarchist writer Carlo Tresca, Elia changed his story later, stating that Federal agents had thrown Salsedo out the window.

Robbery

The Slater-Morrill Shoe Company factory was located on Pearl Street in Braintree, Massachusetts. On April 15, 1920, two men were robbed and killed while transporting the company's payroll in two large steel boxes to the main factory. One of them, Alessandro Berardelli—a security guard—was shot four times as he reached for his hip-holstered .38-caliber, Harrington & Richardson revolver; his gun was not recovered from the scene. The other man, Frederick Parmenter—a paymaster who was unarmed—was shot twice: once in the chest and a second time, fatally, in the back as he attempted to flee. The robbers seized the payroll boxes and escaped in a stolen dark blue Buick that was carrying several other men.

As the car was being driven away by Michael Codispoti, the robbers fired wildly at company workers nearby. A coroner's report and subsequent ballistic investigation revealed that six bullets removed from the murdered men's bodies were of .32 automatic (ACP) caliber. Five of these .32-caliber bullets were all fired from a single semi-automatic pistol, a .32-caliber Savage Model 1907, which used particularly narrow-grooved barrel rifling with a right-hand twist. Two of the bullets were recovered from Berardelli's body. Four .32 automatic brass shell casings were found at the murder scene, manufactured by one of three firms: Peters, Winchester, or Remington. The Winchester cartridge case was of a relatively obsolete cartridge loading, which had been discontinued from production some years earlier. Two days after the robbery, police located the robbers' Buick; several 12-gauge shotgun shells were found on the ground nearby.

Arrests and indictment

Mario Buda

An earlier attempted (unsuccessful) robbery of another shoe factory payroll occurred on December 24, 1919, in Bridgewater, Massachusetts, by four persons identified as Italian who used a car that was seen escaping to Cochesett in West Bridgewater. A delivery truck for the L.Q. White Shoe Factory was taking a $33,113.31 payroll with a driver, paymaster and a police constable. The assailants in a car tried to hijack the truck with one robber using a pistol and the other a double-barreled shotgun. Police speculated that Italian anarchists perpetrated the robberies to finance their activities. Bridgewater Police Chief Michael E. Stewart suspected that known Italian anarchist Ferruccio Coacci was involved. Stewart discovered that Mario Buda (aka 'Mike' Boda) lived with Coacci.

When Chief Stewart later arrived at the Coacci home, only Buda was living there, and when questioned, he said that Coacci owned a .32 Savage automatic pistol, which he kept in the kitchen. A search of the kitchen did not locate the gun, but Stewart found (in a kitchen drawer) a manufacturer's technical diagram for a Model 1907 of the exact type of .32 caliber pistol used to shoot Parmenter and Berardelli. Stewart asked Buda if he owned a gun, and the man produced a .32-caliber Spanish-made automatic pistol. Buda told police that he owned a 1914 Overland automobile, which was being repaired. The car was delivered for repairs four days after the Braintree crimes, but it was old and apparently had not been run for five months. Tire tracks were seen near the abandoned Buick getaway car, and Chief Stewart surmised that two cars had been used in the getaway, and that Buda's car might have been the second car.

When Stewart discovered that Coacci had worked for both shoe factories that had been robbed, he returned with the Bridgewater police. Mario Buda was not home, but on May 5, 1920, he arrived at the garage with three other men, later identified as Sacco, Vanzetti, and Riccardo Orciani. The four men knew each other well; Buda would later refer to Sacco and Vanzetti as "the best friends I had in America".

Sacco and Vanzetti boarded a streetcar but were tracked down and soon arrested. When searched by police, both denied owning any guns, but were found to be holding loaded pistols. Sacco was found to have an Italian passport, anarchist literature, a loaded .32 Colt Model 1903 automatic pistol, and twenty-three .32 automatic cartridges in his possession; several of those bullet cases were of the same obsolescent type as the empty Winchester .32 casing found at the crime scene, and others were manufactured by the firms of Peters and Remington, much like other casings found at the scene. Vanzetti had four 12-gauge shotgun shells and a five-shot nickel-plated .38-caliber Harrington & Richardson revolver similar to the .38 carried by Berardelli, the slain Braintree guard, whose weapon was not found at the scene of the crime. When they were questioned, the pair denied any connection to anarchists.

Orciani was arrested May 6, but gave the alibi that he had been at work on the day of both crimes. Sacco had been at work on the day of the Bridgewater crimes but said that he had the day off on April 15—the day of the Braintree crimes—and was charged with those murders. The self-employed Vanzetti had no such alibis and was charged for the attempted robbery and attempted murder in Bridgewater and the robbery and murder in the Braintree crimes. Sacco and Vanzetti were charged with the crime of murder on May 5, 1920, and indicted four months later on September 14.

Following Sacco and Vanzetti's indictment for murder for the Braintree robbery, Galleanists and anarchists in the United States and abroad began a campaign of violent retaliation. Two days later on September 16, 1920, Mario Buda allegedly orchestrated the Wall Street bombing, where a time-delay dynamite bomb packed with heavy iron sash-weights in a horse-drawn cart exploded, killing 38 people and wounding 134. In 1921, a booby trap bomb mailed to the American ambassador in Paris exploded, wounding his valet. For the next six years, bombs exploded at other American embassies all over the world.

Trials

Bridgewater crimes trial

Rather than accept court-appointed counsel, Vanzetti chose to be represented by John P. Vahey, a former foundry superintendent and future state court judge who had been practicing law since 1905, most notably with his brother James H. Vahey and his law partner Charles Hiller Innes. James Graham, who was recommended by supporters, also served as defense counsel. Frederick G. Katzmann, the Norfolk and Plymouth County District Attorney, prosecuted the case. The presiding judge was Webster Thayer, who was already assigned to the court before this case was scheduled. A few weeks earlier he had given a speech to new American citizens decrying Bolshevism and anarchism's threat to American institutions. He supported the suppression of functionally violent radical speech, and incitement to commit violent acts. He was known to dislike foreigners but was considered to be a fair judge.

The trial began on June 22, 1920. The prosecution presented several witnesses who put Vanzetti at the scene of the crime. Their descriptions varied, especially with respect to the shape and length of Vanzetti's mustache. Physical evidence included a shotgun shell retrieved at the scene of the crime and several shells found on Vanzetti when he was arrested.

The defense produced 16 witnesses, all Italians from Plymouth, who testified that at the time of the attempted robbery they had bought eels from Vanzetti for Eastertide, in accordance with their traditions. Such details reinforced the difference between the Italians and the jurors. Some testified in imperfect English, others through an interpreter, whose inability to speak the same dialect of Italian as the witnesses hampered his effectiveness. On cross examination, the prosecution found it easy to make the witnesses appear confused about dates. A boy who testified admitted to rehearsing his testimony. "You learned it just like a piece at school?" the prosecutor asked. "Sure", he replied. The defense tried to rebut the eyewitnesses with testimony that Vanzetti always wore his mustache in a distinctive long style, but the prosecution rebutted this.

The defense case went badly and Vanzetti did not testify in his own defense. During the trial, he said that his lawyers had opposed putting him on the stand. That same year, defense attorney Vahey told the governor that Vanzetti had refused his advice to testify. Decades later, a lawyer who assisted Vahey in the defense said that the defense attorneys left the choice to Vanzetti, but warned him that it would be difficult to prevent the prosecution from using cross examination to challenge the credibility of his character based on his political beliefs. He said that Vanzetti chose not to testify after consulting with Sacco. Herbert B. Ehrmann, who later joined the defense team, wrote many years later that the dangers of putting Vanzetti on the stand were very real. Another legal analysis of the case faulted the defense for not offering more to the jury by letting Vanzetti testify, concluding that by his remaining silent it "left the jury to decide between the eyewitnesses and the alibi witness without his aid. In these circumstances a verdict of not guilty would have been very unusual". That analysis claimed that "no one could say that the case was closely tried or vigorously fought for the defendant".

Vanzetti complained during his sentencing on April 9, 1927, for the Braintree crimes, that Vahey "sold me for thirty golden money like Judas sold Jesus Christ." He accused Vahey of having conspired with the prosecutor "to agitate still more the passion of the juror, the prejudice of the juror" towards "people of our principles, against the foreigner, against slackers."

On July 1, 1920, the jury deliberated for five hours and returned guilty verdicts on both counts, armed robbery and first-degree murder. Before sentencing, Judge Thayer learned that during deliberations, the jury had tampered with the shotgun shells found on Vanzetti at the time of his arrest to determine if the shot they contained was of sufficient size to kill a man. Since that prejudiced the jury's verdict on the murder charge, Thayer declared that part a mistrial. On August 16, 1920, he sentenced Vanzetti on the charge of armed robbery to a term of 12 to 15 years in prison, the maximum sentence allowed.

Sacco and Vanzetti both denounced Thayer. Vanzetti wrote, "I will try to see Thayer death before his pronunciation of our sentence" and asked fellow anarchists for "revenge, revenge in our names and the names of our living and dead."

In 1927, advocates for Sacco and Vanzetti charged that this case was brought first because a conviction for the Bridgewater crimes would help convict him for the Braintree crimes, where evidence against him was weak. The prosecution countered that the timing was driven by the schedules of different courts that handled the cases. The defense raised only minor objections in an appeal that was not accepted. A few years later, Vahey joined Katzmann's law firm.

Braintree crimes trial

 

Sacco and Vanzetti went on trial for their lives on May 31, 1921, at Dedham, Norfolk County, Massachusetts, for the Braintree robbery and murders. Webster Thayer again presided; he had asked to be assigned to the trial. Katzmann again prosecuted for the State. Vanzetti was represented by brothers Jeremiah and Thomas McAnraney. Sacco was represented by Fred H. Moore and William J. Callahan. The choice of Moore, a former attorney for the Industrial Workers of the World, proved a key mistake for the defense. A notorious radical from California, Moore quickly enraged Judge Thayer with his courtroom demeanor, often doffing his jacket and once, his shoes. Reporters covering the case were amazed to hear Judge Thayer, during a lunch recess, proclaim, "I'll show them that no long-haired anarchist from California can run this court!" and later, "You wait till I give my charge to the jury. I'll show them."

Authorities anticipated a possible bomb attack and had the Dedham courtroom outfitted with heavy, sliding steel doors and cast-iron shutters that were painted to appear wooden. Each day during the trial, the courthouse was placed under heavy police security, and Sacco and Vanzetti were escorted to and from the courtroom by armed guards.

The Commonwealth relied on evidence that Sacco was absent from his work in a shoe factory on the day of the murders; that the defendants were in the neighborhood of the Braintree robbery-murder scene on the morning when it occurred, being identified as having been there seen separately and also together; that the Buick getaway car was also in the neighborhood and that Vanzetti was near and in it; that Sacco was seen near the scene of the murders before they occurred and also was seen to shoot Berardelli after Berardelli fell and that that shot caused his death; that used shell casings were left at the scene of the murders, some of which could have been found to have been discharged from a .32 pistol afterwards found on Sacco; that a cap was found at the scene of the murders, which witnesses identified as resembling one formerly worn by Sacco; and that both men were members of anarchist cells that espoused violence, including assassination. Among the more important witnesses called by the prosecution was salesman Carlos E. Goodridge, who stated that as the getaway car raced within twenty-five feet of him, one of the car's occupants, whom he identified as being Sacco, pointed a gun in his direction.

Much of the trial focused on material evidence, notably bullets, guns, and the cap. Prosecution witnesses testified that Bullet III, the .32-caliber bullet that had fatally wounded Berardelli, was from a discontinued Winchester .32 Auto cartridge loading so obsolete that the only bullets similar to it that anyone could locate to make comparisons were those found in the cartridges in Sacco's pockets.

In court, District Attorney Katzmann called two forensic gun expert witnesses, Capt. Charles Van Amburgh of Springfield Armory and Capt. William Proctor of the Massachusetts State Police, who testified that they believed that of the four bullets recovered from Berardelli's body, Bullet III—the fatal bullet—exhibited rifling marks consistent with those found on bullets fired from Sacco's .32 Colt Automatic pistol. In rebuttal, two defense forensic gun experts testified that Bullet III did not match any of the test bullets from Sacco's Colt. After the trial, Capt. Proctor signed an affidavit stating that he could not positively identify Sacco's .32 Colt as the only pistol that could have fired Bullet III. This meant that Bullet III could have been fired from any of the 300,000 .32 Colt Automatic pistols then in circulation. All witnesses to the shooting testified that they saw one gunman shoot Berardelli four times, yet the defense never questioned how only one of four bullets found in the deceased guard was identified as being fired from Sacco's Colt.

Vanzetti was being tried under Massachusetts' felony-murder rule, and the prosecution sought to implicate him in the Braintree robbery by the testimony of several witnesses: one testified that he was in the getaway car, and others who stated they saw Vanzetti in the vicinity of the Braintree factory around the time of the robbery. No direct evidence tied Vanzetti's .38 nickel-plated Harrington & Richardson five-shot revolver to the crime scene, except for the fact that it was identical in type and appearance to one owned by the slain guard Berardelli, which was missing from the crime scene. All six bullets recovered from the victims were .32 calibers, fired from at least two different automatic pistols.

The prosecution claimed Vanzetti's .38 revolvers had originally belonged to the slain Berardelli, and that it had been taken from his body during the robbery. No one testified to seeing anyone take the gun, but Berardelli had an empty holster and no gun on him when he was found. Additionally, witnesses to the payroll shooting had described Berardelli as reaching for his gun on his hip when he was cut down by pistol fire from the robbers.

District Attorney Katzmann pointed out that Vanzetti had lied at the time of his arrest, when making statements about the .38 revolver found in his possession. He claimed that the revolver was his own, and that he carried it for self-protection, yet he incorrectly described it to police as a six-shot revolver instead of a five-shot. Vanzetti also told police that he had purchased only one box of cartridges for the gun, all of the same make, yet his revolver was loaded with five .38 cartridges of varying brands. At the time of his arrest, Vanzetti also claimed that he had bought the gun at a store (but could not remember which one), and that it cost $18 or $19 (three times its actual market value). He lied about where he had obtained the .38 cartridges found in the revolver.

The prosecution traced the history of Berardelli's .38 Harrington & Richardson (H&R) revolver. Berardelli's wife testified that she and her husband dropped off the gun for repair at the Iver Johnson Co. of Boston a few weeks before the murder. According to the foreman of the Iver Johnson repair shop, Berardelli's revolver was given a repair tag with the number of 94765, and this number was recorded in the repair logbook with the statement "H. & R. revolver, .38-calibre, new hammer, repairing, half an hour". However, the shop books did not record the gun's serial number, and the caliber was apparently incorrectly labeled as .32 instead of .38-caliber. The shop foreman testified that a new spring and hammer were put into Berardelli's Harrington & Richardson revolver. The gun was claimed and the half-hour repair paid for, though the date and identity of the claimant were not recorded.  After examining Vanzetti's .38 revolvers, the foreman testified that Vanzetti's gun had a new replacement hammer in keeping with the repair performed on Berardelli's revolver. The foreman explained that the shop was always kept busy repairing 20 to 30 revolvers per day, which made it very hard to remember individual guns or keep reliable records of when they were picked up by their owners. But, he said that unclaimed guns were sold by Iver Johnson at the end of each year, and the shop had no record of an unclaimed gun sale of Berardelli's revolver. To reinforce the conclusion that Berardelli had reclaimed his revolver from the repair shop, the prosecution called a witness who testified that he had seen Berardelli in possession of a .38 nickel-plated revolver the Saturday night before the Braintree robbery.

After hearing testimony from the repair shop employee that "the repair shop had no record of Berardelli picking up the gun, the gun was not in the shop nor had it been sold", the defense put Vanzetti on the stand where he testified that "he had actually bought the gun several months earlier from fellow anarchist Luigi Falzini for five dollars"—in contradiction to what he had told police upon his arrest. This was corroborated by Luigi Falzini (Falsini), a friend of Vanzetti's and a fellow Galleanist, who stated that, after buying the .38 revolver from one Riccardo Orciani, he sold it to Vanzetti. The defense also called two expert witnesses, a Mr. Burns and a Mr. Fitzgerald, who each testified that no new spring and hammer had ever been installed in the revolver found in Vanzetti's possession.

The District Attorney's final piece of material evidence was a flop-eared cap claimed to have been Sacco's. Sacco tried the cap on in court and, according to two newspaper sketch artists who ran cartoons the next day; it was too small, sitting high on his head. But Katzmann insisted the cap fitted Sacco and, noting a hole in the back where Sacco had hung the cap on a nail each day, continued to refer to it as his, and in denying later appeals, Judge Thayer often cited the cap as material evidence. During the 1927 Lowell Commission investigation, however, Braintree's Police Chief admitted that he had torn the cap open upon finding it at the crime scene a full day after the murders. Doubting the cap was Sacco's, the chief told the commission it could not have lain in the street "for thirty hours with the State Police, the local police, and two or three thousand people there."

Controversy clouded the prosecution witnesses who identified Sacco as having been at the scene of the crime. One, a bookkeeper named Mary Splaine, precisely described Sacco as the man she saw firing from the getaway car. From Felix Frankfurter's account from The Atlantic Monthly article:

Viewing the scene from a distance of from sixty to eighty feet, she saw a man previously unknown to her in a car traveling at the rate of from fifteen to eighteen miles per hour, and she saw him only for a distance of about thirty feet—that is to say, for from one and a half to three seconds.

Yet cross examination revealed that Splaine was unable to identify Sacco at the inquest but had recall of great details of Sacco's appearance over a year later. While a few others singled out Sacco or Vanzetti as the men they had seen at the scene of the crime, far more witnesses, both prosecution and defense, could not identify them.

The defendants' radical politics may have played a role in the verdict. Judge Thayer, though a sworn enemy of anarchists, warned the defense against bringing anarchism into the trial. Yet defense attorney Fred Moore felt he had to call both Sacco and Vanzetti as witnesses to let them explain why they were fully armed when arrested. Both men testified that they had been rounding up radical literature when apprehended, and that they had feared another government deportation raid. Yet both hurt their case with rambling discourses on radical politics that the prosecution mocked. The prosecution also brought out that both men had fled the draft by going to Mexico in 1917.

The jury ultimately reached a guilty verdict. The verdicts and the likelihood of death sentences immediately roused international opinion. Demonstrations were held in 60 Italian cities and a flood of mail was sent to the American embassy in Paris. Demonstrations followed in a number of Latin American cities. Anatole France, veteran of the campaign for Alfred Dreyfus and recipient of the 1921 Nobel Prize for Literature, wrote an "Appeal to the American People": "The death of Sacco and Vanzetti will make martyrs of them and cover you with shame. You are a great people. You ought to be a just people."

Jury

The 12 jurors were sequestered at the courthouse for the entirety of the six-week trial. They slept on cots in the courthouse's grand jury room and bathed in the basement of the jail. To celebrate the 4th of July, they were brought to Scituate, Massachusetts and given a lobster dinner.

To get a full jury, courthouse officials had to go to extraordinary lengths. Over 600 men were interviewed, with the most common reason for dismissal being their opposition to the death penalty. One man, a sugar dealer, tried to pretend that he was deaf in an attempt to get out of serving on the jury. When he was discovered, by answering a question posed by the judge, Sacco and Vanzetti were sent into fits of laughter.

After 500 potential jurors were interviewed, but only seven selected, deputies from the Norfolk County Sheriff's office went out to workplaces, club meetings, concerts, and elsewhere to bring in additional potential jurors. One man, ultimately selected, was brought from his wedding dinner. The Quincy man had to postpone his honeymoon until after the trial.