About this book

Boston a novel

Upton Sinclair

regardless of whether some of their Italian friends may have taken the stand and made false alibis for them.” “Why should innocent people have to be defended by perjury, Mrs. Thornwell?” “For only one reason that I know, Governor--that they know positively the other side is preparing a perjured case against them. We have established that, but we have never had any judgment upon it, except that of Judge Thayer.” One of the lawyers here considered it advisable to justify the high fees which the Governor was paying him out of his private purse to sit day by day and listen to these wrangles. “Mrs. Thornwell,” he interposed, “you overlook the fact that the Supreme Judicial Court has passed upon Judge Thayer’s rulings. As good citizens, we must have some belief in the competence and disinterestedness of our highest court.” Cornelia turned her brown eyes upon him. These eyes had somehow lost their softness, and had a sparkle that might be malice. “Are you going to advance that doctrine in your new brief on the Jerry Walker case?” “My God!” thought the legal gentleman, and it took all his blue-blood inheritance and Harvard training to keep his annoyance from showing on his face. He relapsed into dignified silence, and pretended not to see the look of mischief which his enemy Henry Cabot Winters shot at him. Truly a comical situation: This gentleman, who was counsel for the Governor in the Sacco-Vanzetti case, also was one of the counsel for Jerry Walker, and was on the point of filing before the Supreme Court of the United States an application for a writ of certiorari, to take that case away from the highest court of Massachusetts and reverse its decision. In that application the lawyer and his associates were going to make the most outrageous charges--implying that the Supreme Judicial Court of Massachusetts had become a “house of refuge for the rich and powerful,” and declaring flatly that the judgment of the Full Court was “made in bad faith,” and that “there is nothing more odious than judicial favoritism,” which in this case had been “exercised in favor of bankers.” A marvelous thing, that flexibility of the legal mind, which can hold two diametrically opposite opinions at the same time; sorting out truth and error into two baskets, as it were, and carrying both to market, one in the right hand and one in the left! XV But it didn’t do Cornelia a bit of good to score points like that; it only made these gentlemen hate her. She must swallow her indignation, and come back to beg for mercy. “Remember, Governor, you must be _sure_. You are doing something that can never be undone. There is an old saying--I don’t know who is the author--that ‘only an infallible judge should pass an immutable sentence.’” “Do you know that those men are innocent, Mrs. Thornwell?” “Of course I don’t know that; how could I know it--unless I had been with them at the time? But I have been studying the case for seven years, and I believe that they are innocent, and certainly I know this--that they have not been proved guilty. I know all that I need to know--that they did not have a fair trial.” “Well,” said the Governor, “I know that they are guilty, so I don’t care whether they had a fair trial or not.” Cornelia stared at him; she was so taken aback by the remark that she could hardly believe she had heard it. “You know they are guilty, Governor Fuller?” “I know it.” “But how can you know it, unless there was a fair trial--somewhere, somehow--to establish it?” “I have sources of information, Mrs. Thornwell, which I am not at liberty to reveal. You should find out what the Italian colony thinks about this case.” “Governor, what are you saying? Some one has come and whispered into your ear, and you have been willing to believe it!” “You cannot expect witnesses to tell all they know in the face of such peril as has been created in this community, Mrs. Thornwell.” “So then, it is exactly as Vanzetti said to me--for weeks he has been saying it: ‘We are being murdered by the whispers of unknown men!’ Boston has gone back to the days of Russia under the tsars, of Turkey under the sultans, of China under the mandarins! Spies come and whisper secrets, and our rulers execute men upon words which they cannot or dare not produce in open court!” One of the lawyers thought he had better justify his fees again. “Surely it is not quite so bad as that, Mrs. Thornwell--” “It is so bad that it cannot be worse! And I implore you, Governor Fuller--consider, before you take this fatal step, which will blast the rest of your life! You are executing men upon secret testimony--but I tell you, the world will insist upon knowing what that testimony is! History will never let you alone until you tell what it is! And when mankind has learned that it was the whispers of spies--the gossip of what you are pleased to call ‘the Italian colony’--then you will face such a blast of indignation as no man can face and live!” After that they did not want to listen to her any more. After that she was a distracted old woman who had fallen under the influence of sinister “Reds,” and lost entirely her mental balance. All they desired was to keep her from wasting the time of a busy and important public man. They would be polite, of course--even in Russia and Turkey and China the high officials were doubtless polite to old ladies of the ruling caste. “Glad to have seen you again, Mrs. Thornwell. I will give my best consideration to what you have said.” So Cornelia made her way out through the crowds, with tears in her eyes for all the newspapermen to see and report. “Henry,” she asked, when they had got by themselves, “what can those whispers be?” Said the lawyer, “There’s a man in that State House crowd who will talk with me, and I’ll see if I can find out.” XVI Michael Angelo Musmanno was in Washington, haunting the empty chambers of the United States Supreme Court. The justices were on vacation, but he lodged in the office of the clerk the two appeals from the Massachusetts courts. He entered the formal appearance of Hill and himself, paid the docketing fees, and the only thing remaining to perfect the appeals was the record of the case, which the clerk of the Dedham court had promised to send but which had not yet arrived. This was later secured, and duly filed. But this procedure did not of itself postpone the execution, and Monday midnight was the hour set. Would any judge order a stay of execution? The lawyers were rushing to this one and that; it was a free-lance matter now, every man for himself--but still they found time to form opinions of one another. The Boston lawyers thought they knew Boston; they were conservative, and did things in a dignified manner, and held newspaper reporters off at the end of a ten-foot pole. The New Yorkers, on the other hand, were radicals, fighting in the open, and welcoming the reporters as allies. They accused the Boston crowd of being jealous about the case--“acting like a bunch of prima donnas!” said one. Also among the committee, the frantic last-hour antagonisms between those who wanted to save Sacco and Vanzetti as human beings, and those who wanted to make them into symbols of the class war. Hardly a telegram could be sent, or a statement given to the press, that did not involve the controversy. The differences of ideas had become embodied in personal antagonisms. The communists were collecting sums of money for the defense, and the committee charged that this money was not coming to them, but was being used for communist propaganda. The communists replied with charges that the committee was wasting its funds upon high fees to capitalist lawyers. Charges and counter-charges--to the great glee of the enemy. The whispering gallery which was the State House buzzed and hummed with gossip. The spies came running, and the Governor’s advisers were on tip-toe. “What are they doing now? What do they say about this? About that?” The “New York nuts” organized another “death march.” This time it was led by Captain Paxton Hibben, diplomat, war correspondent, and army officer; dapper, erect, and with sharp little military mustaches. He knew all about marches and parades, of course, and Boston knew him because the _Transcript_ had slandered him and then had to retract and apologize. Hibben was a Harvard master of arts, and with him came Dos Passos and Hapgood, bachelors of arts, and therefore subordinates; also James Rorty, the poet; and Clarina Michelson, from Greenwich Village, a tireless soul who did the hard work; and several humble wage-earners with names never heard before on Beacon Street. They marched their allotted time--one-two-three-four-five-six-seven--with a captain of police holding a watch on them; then they were led off under escort, with the crowd hooting, and a few cheering. At the corner of Joy Street, Captain Hibben, being in advance, commanded, sharply, “Files right!” The huge police sergeant who had him in charge looked at him, and said, “Were you in the service?” The answer was, “I was a captain in the 332nd Field Artillery in France.” “Well, Captain,” said the sergeant, “this is a strange place for you to be!” “If you knew as much about Boston as I do, you would be with me,” said Hibben; and in the old Joy Street police station, so oddly named, they had a chat. Hibben had more than one man’s share of adventures to tell; he had been second secretary in the American legation in old St. Petersburg, he had been a war correspondent in the Near East in the early days of the war, and secretary of the Russian Red Cross for the Bolsheviks; a Chevalier of the Order of St. Stanislaus (Russian), an Officer of the Order of the Redeemer (Greek), and of the Order of the Sacred Treasure (Japan). “Holy smoke!” said the police sergeant; and on Monday morning in court he was wholly unable to remember that he had seen this starred and beribboned diplomat on the picket-line, and so Hibben was discharged. The sergeant meant it for a favor, but it was a cause of vexation to the prisoner, who had prepared a ringing statement to read in court--and now it was a dud! XVII The three condemned men--Madeiros always with them!--had been moved back into the death-house; into the three little cells with clean, smooth white-tiled floors, and doors that were never opened--no guard ever entered and no prisoner ever came out, except to die. Six feet in front of the cells ran a painted line, beyond which no visitor was permitted to step; at least, it had never yet happened in the history of Massachusetts, which lives by precedent. But now Luigia Vanzetti arrived in Boston, followed by a stream of reporters, eager to make the most of this human interest story--“sob stuff” is the technical name. A frail, pathetic woman, weighing not more than a hundred pounds, and looking for all the world like a New England school teacher--she was coming to the prison to meet her brother, whom she had not seen since he was a youth. She had come all the way from Villafalletto to help him die, and naturally she would wish to step over the painted line and clasp him in her arms. To obtain this favor all the eloquence of the ladies of the Sacco-Vanzetti defense was concentrated upon Warden Hendry. They came to his office and wept, and prayed, and stormed and scolded, until at last the Commonwealth of Massachusetts broke a precedent, for the first time in its three hundred years of history. Bart was led out from his cell, and allowed to sit in a chair on the other side of the painted line. The warden himself brought Luigia, and two guards stood by to see that she did not give the condemned man any poison, or a revolver, or an Italian stiletto. They tottered into each