Tuesday, October 29, 2024

Nicola Sacco & Bartolomeo Vanzetti Part III

 Defendants in prison

For their part, Sacco and Vanzetti seemed to alternate between moods of defiance, vengeance, resignation, and despair. The June 1926 issue of Protesta Umana, published by their Defense Committee, carried an article signed by Sacco and Vanzetti that appealed for retaliation by their colleagues. In the article, Vanzetti wrote, "I will try to see Thayer death [sic] before his pronunciation of our sentence", and asked fellow anarchists for "revenge, revenge in our names and the names of our living and dead." The article made a reference to La Salute è in voi!, the title of Galleani's bomb-making manual.

Both wrote dozens of letters asserting their innocence, insisting they had been framed because they were anarchists. Their conduct in prison consistently impressed guards and wardens. In 1927, the Dedham jail chaplain wrote to the head of an investigatory commission that he had seen no evidence of guilt or remorse on Sacco's part. Vanzetti impressed fellow prisoners at Charlestown State Prison as a bookish intellectual, incapable of committing any violent crime. Novelist John Dos Passos, who visited both men in jail, observed of Vanzetti, "nobody in his right mind who was planning such a crime would take a man like that along." Vanzetti developed his command of English to such a degree that journalist Murray Kempton later described him as "the greatest writer of English in our century to learn his craft, do his work, and die all in the space of seven years."

During the trial, Supreme Court Justice Louis Brandeis, who was then in Washington, invited Sacco's wife to stay at his home near the courthouse. Sacco's seven-year-old son, Dante, would sometimes stand on the sidewalk outside the jail and play catch with his father by throwing a ball over the wall.

Sentencing

On April 9, 1927, Judge Thayer heard final statements from Sacco and Vanzetti. In a lengthy speech Vanzetti said:

I would not wish to a dog or to a snake, to the most low and misfortunate creature of the earth, I would not wish to any of them what I have had to suffer for things that I am not guilty of. But my conviction is that I have suffered for things that I am guilty of. I am suffering because I am a radical and indeed I am a radical; I have suffered because I am an Italian and indeed I am an Italian ... if you could execute me two times, and if I could be reborn two other times, I would live again to do what I have done already.

Thayer declared that the responsibility for the conviction rested solely with the jury's determination of guilt. "The Court has absolutely nothing to do with that question." He sentenced each of them to "suffer the punishment of death by the passage of a current of electricity through your body" during the week beginning July 10. He twice postponed the execution date while the governor considered requests for clemency.

On May 10, a package bomb addressed to Governor Fuller was intercepted in the Boston post office.

Clemency appeal and the Governor's Advisory Committee

In response to public protests that greeted the sentencing, Massachusetts Governor Alvan T. Fuller faced last-minute appeals to grant clemency to Sacco and Vanzetti. On June 1, 1927, he appointed an Advisory Committee of three: President Abbott Lawrence Lowell of Harvard, President Samuel Wesley Stratton of MIT, and Probate Judge Robert Grant. They were presented with the task of reviewing the trial to determine whether it had been fair. Lowell's appointment was generally well received, for though he had controversy in his past, he had also at times demonstrated an independent streak. The defense attorneys considered resigning when they determined that the Committee was biased against the defendants, but some of the defendants' most prominent supporters, including Harvard Law Professor Felix Frankfurter and Judge Julian W. Mack of the U.S. Circuit Court of Appeals, persuaded them to stay because Lowell "was not entirely hopeless".

One of the defense attorneys, though ultimately very critical of the Committee's work, thought the Committee members were not really capable of the task the Governor set for them:

No member of the Committee had the essential sophistication that comes with experience in the trial of criminal cases. ... The high positions in the community held by the members of the Committee obscured the fact that they were not really qualified to perform the difficult task assigned to them.

He also thought that the Committee, particularly Lowell, imagined it could use its fresh and more powerful analytical abilities to outperform the efforts of those who had worked on the case for years, even finding evidence of guilt that professional prosecutors had discarded.

Grant was another establishment figure, a probate court judge from 1893 to 1923 and an Overseer of Harvard University from 1896 to 1921, and the author of a dozen popular novels. Some criticized Grant's appointment to the Committee, with one defense lawyer saying he "had a black-tie class concept of life around him", but Harold Laski in a conversation at the time found him "moderate". Others cited evidence of xenophobia in some of his novels, references to "riff-raff" and a variety of racial slurs. His biographer allows that he was "not a good choice", not a legal scholar, and handicapped by age. Stratton, the one member who was not a "Boston Brahmin", maintained the lowest public profile of the three and hardly spoke during its hearings.

In their earlier appeals, the defense was limited to the trial record. The Governor's Committee, however, was not a judicial proceeding, so Judge Thayer's comments outside the courtroom could be used to demonstrate his bias. Once Thayer told reporters that "No long-haired anarchist from California can run this court!" According to the affidavits of eyewitnesses, Thayer also lectured members of his clubs, calling Sacco and Vanzetti "Bolsheviki!" and saying he would "get them good and proper". During the Dedham trial's first week, Thayer said to reporters: "Did you ever see a case in which so many leaflets and circulars have been spread ... saying people couldn't get a fair trial in Massachusetts? You wait till I give my charge to the jury, I'll show them!" In 1924, Thayer confronted a Massachusetts lawyer at Dartmouth, his alma mater, and said: "Did you see what I did with those anarchistic bastards the other day. I guess that will hold them for a while. ... Let them go to the Supreme Court now and see what they can get out of them." The Committee knew that, following the verdict, Boston Globe reporter Frank Sibley, who had covered the trial, wrote a protest to the Massachusetts attorney general condemning Thayer's blatant bias. Thayer's behavior both inside the courtroom and outside of it had become a public issue, with the New York World attacking Thayer as "an agitated little man looking for publicity and utterly impervious to the ethical standards one has the right to expect of a man presiding in a capital case."

On July 12–13, 1927, following testimony by the defense firearms expert Albert H. Hamilton before the Committee, the Assistant District Attorney for Massachusetts, Dudley P. Ranney, took the opportunity to cross-examine Hamilton. He submitted affidavits questioning Hamilton's credentials as well as his performance during the New York trial of Charles Stielow, in which Hamilton's testimony linking rifling marks to a bullet used to kill the victim nearly sent an innocent man to the electric chair. The Committee also heard from Braintree's police chief who told them he had found the cap on Pearl Street, allegedly dropped by Sacco during the crime, a full 24-hours after the getaway car had fled the scene. The chief doubted the cap belonged to Sacco and called the whole trial a contest "to see who could tell the biggest lies."

After two weeks of hearing witnesses and reviewing evidence, the Committee determined that the trial had been fair and a new trial was not warranted. They assessed the charges against Thayer as well. Their criticism, using words provided by Judge Grant, was direct: "He ought not to have talked about the case off the bench, and doing so was a grave breach of judicial decorum." But they also found some of the charges about his statements unbelievable or exaggerated, and they determined that anything he might have said had no impact on the trial. The panel's reading of the trial transcript convinced them that Thayer "tried to be scrupulously fair". The Committee also reported that the trial jurors were almost unanimous in praising Thayer's conduct of the trial.

A defense attorney later noted ruefully that the release of the Committee's report "abruptly stilled the burgeoning doubts among the leaders of opinion in New England." Supporters of the convicted men denounced the Committee. Harold Laski told Holmes that the Committee's work showed that Lowell's "loyalty to his class ... transcended his ideas of logic and justice."

Defense attorneys William G. Thompson and Herbert B. Ehrmann stepped down from the case in August 1927 and were replaced by Arthur D. Hill.

Execution and funeral

Thousands of people follow the hearses containing the remains of Sacco and Vanzetti on their way to the crematorium in Boston.

The executions were scheduled for midnight between August 22 and 23, 1927. On August 15, a bomb exploded at the home of one of the Dedham jurors. On Sunday, August 21, more than 20,000 protesters assembled on Boston Common.

Sacco and Vanzetti awaited execution in their cells at Charlestown State Prison, and both men refused a priest several times on their last day, as they were atheists. Their attorney William Thompson asked Vanzetti to make a statement opposing violent retaliation for his death and they discussed forgiving one's enemies. Thompson also asked Vanzetti to swear to his and Sacco's innocence one last time, and Vanzetti did. Celestino Medeiros, whose execution had been delayed in case his testimony was required at another trial of Sacco and Vanzetti, was executed first. Sacco was next and walked quietly to the electric chair, then shouted "Farewell, mother." Vanzetti, in his final moments, shook hands with guards and thanked them for their kind treatment, read a statement proclaiming his innocence, and finally said, "I wish to forgive some people for what they are now doing to me." Following the executions, death masks were made of the men.

Violent demonstrations swept through many cities the next day, including Geneva, London, Paris, Amsterdam, and Tokyo. In South America wildcat strikes closed factories. Three died in Germany, and protesters in Johannesburg burned an American flag outside the American embassy. It has been alleged that some of these activities were organized by the Communist Party.

At Langone Funeral Home in Boston's North End, more than 10,000 mourners viewed Sacco and Vanzetti in open caskets over two days. At the funeral parlor, a wreath over the caskets announced in attesa l'ora della vendetta (Awaiting the hour of vengeance). On Sunday, August 28, a two-hour funeral procession bearing huge floral tributes moved through the city. Thousands of marchers took part in the procession, and over 200,000 came out to watch. Police blocked the route, which passed the State House, and at one point mourners and the police clashed. The hearses reached Forest Hills Cemetery where, after a brief eulogy, the bodies were cremated. The Boston Globe called it "one of the most tremendous funerals of modern times". Will H. Hays, head of the motion picture industry's umbrella organization, ordered all film of the funeral procession destroyed.

After their cremation, Sacco and Vanzetti's ashes were taken onto the SS Conte Grande and repatriated to Italy. Sacco's ashes were sent to Torremaggiore, the town of his birth, where they are interred at the base of a monument erected in 1998. Vanzetti's ashes were buried with his mother in Villafalletto.

Continuing protests and analyses

Italian anarchist Severino Di Giovanni, one of the most vocal supporters of Sacco and Vanzetti in Argentina, bombed the American embassy in Buenos Aires a few hours after the two men were sentenced to death. A few days after the executions, Sacco's widow thanked Di Giovanni by letter for his support and added that the director of the tobacco firm Combinados had offered to produce a cigarette brand named "Sacco & Vanzetti". On November 26, 1927, Di Giovanni and others bombed a Combinados tobacco shop. On December 24, 1927, Di Giovanni blew up the headquarters of The National City Bank of New York and of the Bank of Boston in Buenos Aires in apparent protest of the execution. In December 1928, Di Giovanni and others failed in an attempt to bomb the train in which President-elect Herbert Hoover was traveling during his visit to Argentina.

Three months later, bombs exploded in the New York City Subway, in a Philadelphia church, and at the home of the mayor of Baltimore. The house of one of the jurors in the Dedham trial was bombed, throwing him and his family from their beds. On May 18, 1928, a bomb destroyed the front porch of the home of executioner Robert Elliott. As late as 1932, Judge Thayer's home was wrecked and his wife and housekeeper were injured in a bomb blast. Afterward, Thayer lived permanently at his club in Boston, guarded 24 hours a day until his death on April 18, 1933.

In October 1927, H. G. Wells wrote an essay that discussed the case at length. He called it "a case like the Dreyfus case, by which the soul of a people is tested and displayed." He felt that Americans failed to understand what about the case roused European opinion: However, many major cities in the United States held protests throughout the trial, proving otherwise.

The guilt or innocence of these two Italians is not the issue that has excited the opinion of the world. Possibly they were actual murderers, and still more possibly they knew more than they would admit about the crime. ... Europe is not "retrying" Sacco and Vanzetti or anything of the sort. It is saying what it thinks of Judge Thayer. Executing political opponents as political opponents after the fashion of Mussolini and Moscow we can understand, or bandits as bandits; but this business of trying and executing murderers as Reds, or Reds as murderers, seems to be a new and very frightening line for the courts of a State in the most powerful and civilized Union on earth to pursue.

In 1928, Upton Sinclair published his novel Boston, in which he inserted fictional characters into the trial and execution. He explored Vanzetti's life and writings, as its focus, and mixed fictional characters with historical participants in the trials. Though his portrait of Vanzetti was entirely sympathetic, Sinclair disappointed advocates for the defense by failing to absolve Sacco and Vanzetti of the crimes, however much he argued that their trial had been unjust. Years later, he explained: "Some of the things I told displeased the fanatical believers; but having portrayed the aristocrats as they were, I had to do the same thing for the anarchists." While doing research for the book, Sinclair was told confidentially by Sacco and Vanzetti's former lawyer Fred H. Moore that the two were guilty and that he (Moore) had supplied them with fake alibis; Sinclair was inclined to believe that that was, indeed, the case, and later referred to this as an "ethical problem", but he did not include the information about the conversation with Moore in his book.

When the letters Sacco and Vanzetti wrote appeared in print in 1928, journalist Walter Lippmann commented: "If Sacco and Vanzetti were professional bandits, then historians and biographers who attempt to deduce character from personal documents might as well shut up shop. By every test that I know of for judging character, these are the letters of innocent men." On January 3, 1929, as Gov. Fuller left the inauguration of his successor, he found a copy of the Letters thrust at him by someone in the crowd. He knocked it to the ground "with an exclamation of contempt."

Intellectual and literary supporters of Sacco and Vanzetti continued to speak out. In 1936, on the day when Harvard celebrated its 300th anniversary, 28 Harvard alumni issued a statement attacking the University's retired President Lowell for his role on the Governor's Advisory Committee in 1927. They included Heywood Broun, Malcolm Cowley, Granville Hicks, and John Dos Passos.

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