About this book

Boston a novel

Upton Sinclair

America a vassal of what the orators called the “Bolshevikis,” or sometimes, like Judge Webster Thayer, the “arnychists.” BOSTON _A Novel by_ UPTON SINCLAIR VOLUME II
Illustration note [Illustration]
UPTON SINCLAIR STATION A PASADENA, CALIFORNIA COPYRIGHT · 1928 · BY UPTON SINCLAIR MANUFACTURED IN THE UNITED STATES OF AMERICA First and Second Printings before publication CHAPTER XIII TRIAL BY JURY I “Court!” shouted the bailiff, and pounded on the floor with his “wand.” It was the court-room at Dedham, in Norfolk County, instead of Plymouth, so it was a different bailiff, but he looked exactly like the other, and so did his wand and uniform. There entered the same thin, shrunken old gentleman with white mustache and face like parchment, wearing the same voluminous black silk robe. The lawyers and spectators rose with the same show of reverence, and the bailiff pounded the floor again and repeated the ancient formula: “Hear ye! Hear ye! All persons having anything to do before the Honorable, the Justices of the Superior Court, now sitting within and for the County of Norfolk, draw near, give your attention, and you shall be heard! God save the Commonwealth of Massachusetts!” Also there was the same district attorney, Fred Katzmann, blond hair and bursting red face, round, pulpy and smooth-shaven, his plump figure and manner of elaborate cordiality to his equals and Prussian sternness to his inferiors. There were three assistants; one of them was a “ticquer,” like Judge Thayer, and presently they were to put on a witness who was a “ticquer,” and there would be three of them in solemn confrontation, all blinking away, but not keeping time. There was Lee Swenson, his lanky western figure outtowering the rest, his face haggard from long nights of work, his black clothes hanging loose about his frame--but he had made the concession to Massachusetts sentiment of getting his hair cut. There was Fred Moore, from California, alert and aggressive; and the McAnarneys, associate counsel, two Irish Catholic brothers, retained in a vain hope of contributing respectability to anarchist wops accused of murder. The court-room was crowded: a great number of “veniremen,” to be questioned as possible jurors, and many spectators, more than could find seats. The newspapers had been full of the case, the desperate character of the criminals, the radical agitation concerning them, the precautions taken by the government to protect the court. The judge and the district attorney had a bodyguard day and night. Picked men from several police departments of Norfolk County were on duty; fifteen armed men scattered about the court-room, and three more at each door. Male spectators were searched thoroughly as they entered the court-room, and women had their handbags opened. An atmosphere of tension, almost of war. Vanzetti was brought by armed guards in an automobile from Charlestown Prison, “where he is serving a sentence of from twelve to fifteen years for the Bridgewater hold-up”--so said the papers, and the veniremen read it and talked about it; when they became jurors, they were assumed to be ignorant of Vanzetti’s previous conviction, and all persons who respected the legal system of the Commonwealth would solemnly pretend to accept this fiction. Almost in the center of the court-room was the steel “cage,” shaped like a piano box with fancy grillwork, open in front, a psychological device for overcoming the legal presumption that a wop is innocent until he is proved guilty. The jurors gaze at him locked in throughout the trial, and by the time they are ready to vote they know him as a creature who belongs in a cage. Near the jury box was a tall standard, with an American flag. A stir in the audience; the bandits were coming! A side door of the court-room opened, and there entered several policemen and then a guard with a handcuff on his wrist, and then a wop made safe with the other handcuff on his wrist, and another handcuff on his other wrist, and another wop chained to that; this second wop with a handcuff on his other wrist, and another guard chained to that: in short, four men chained together, the two on the outside being guards and the two on the inside being alleged bandits; all four symbolizing the fundamental human fact, that slavery enslaves masters as well as servants. It was glorious spring sunshine outside, and here were some hundreds of people who might have been walking in the woods, picking mayflowers, or sitting on the beach engaged in high philosophic discourse; but they were crowded in between four white-washed walls, breathing foul air and shortening their lives, fastened to their seats by manacles of hate, fear and greed. A few others, held by love and a sense of justice! “Society matrons and college girls,” as the newspapers described them, they sat in silence, watching the procedure, sometimes pretending to be busy with their “fancy work”; doing their refined best to be unaware of being the cynosure of all eyes. These were the “Red sympathizers,” or “pinks,” as patriotic orators derisively called them: women who left homes of luxury to come and meddle with the course of justice, lending encouragement to bomb throwers and assassins, and making things harder for brave officials. Their presence was a continual irritant to the police, who would have liked to lock such troublemakers up, along with their anarchist pets. And yet, mixed with this anger was awe; for some of these were “blue-bloods,” the wonderful, almost supernatural beings whose names appeared in the society columns of the papers. To Judge Thayer they represented everything in the world to which he aspired, and every now and then he would steal a glance at Mrs. Lois Rantoul--who was a Lowell--or at Mrs. Cornelia Thornwell or Mrs. Elizabeth Glendower Evans, as if to see what they were thinking about him; presently his curiosity would get the better of him, and he would invite one of them to his chambers, and try to convince her that she was mistaken in believing these desperate anarchists to be innocent. He, the judge on the bench, would do that; and little by little the news of it would spread among lawyers and judges up in Boston, who were under the necessity of pretending to hold the dogma of judicial infallibility. II Between “Web” Thayer and Lee Swenson there existed an antagonism of temperament, which showed itself the very first hour. In order to practice in Massachusetts the lawyer should have complied with some formality. He had not known this, and now Judge Thayer proposed to bar him from the case. There were hasty conferences among the “blue-blood” ladies, and they kept the telephone wires to Boston busy; with the result that next morning when Lee Swenson renewed his application for judicial courtesy, there were several leading lawyers of the city lined up in a row behind him. Too bad these great ones could not have stayed all through the trial, and restrained “Web” Thayer from making their community a byword throughout the world! The veniremen, fresh from two days of patriotic celebrations, sat under the shadow of the flag and heard the black-robed old gentleman explain to them what patriotic celebrations are for. “You must remember the American soldier had other duties that he would rather have performed than those that resulted in his giving up his life on the battlefields of France, but he, with undaunted courage and patriotic devotion that brought honor and glory to humanity and the world rendered the service and made the supreme sacrifice. So I call upon you to render this service here with the same spirit of patriotism, courage and devotion to duty as was exhibited by our soldier boys across the seas.” Such was the mood in which the men of Norfolk County approached this trial. These were the wops who had sent bombs through the mail two years ago--so it was whispered--and the Wall Street explosion had been revenge for their arrest. Now, whoever voted them guilty would never sleep safe in bed. Wives had hysterics at home, and husbands promised to “lie out of it” at any cost; so, one after another, they took the stand and swore to a disbelief in capital punishment, or to an invincible conviction regarding the case. After three days a panel of five hundred veniremen had been exhausted, and still five jurors were lacking. Such a thing had never been known in the history of the county, and newspapers made “streamer heads” out of the desperate dangerousness of the situation. It happened that on the night of June 3rd, Representative Samuel Wragg was being made the worshipful grand master of the Masonic Lodge of the town of Needham. Fred Katzmann, the district attorney, was a Mason, and the slain paymaster of the shoe company had also been a Mason. His worshipful brothers would not shrink from their duty to his memory. The father of Representative Wragg, a deputy sheriff, appeared without warning at the ceremony, and notified the members of the lodge to appear in court next morning. That surely seemed to violate the law, which specifies that in such an emergency special veniremen shall be summoned “from among the bystanders.” But Judge Thayer overruled the objections of the defense--just as he overruled Lee Swenson’s efforts to question the veniremen. One of the jurors selected over the protest of the defense was Walter Ripley, an old man who had been chief of police of the city of Quincy. For many years Ripley had watched juries file in and out of court-rooms, but never had he seen one stand and salute the flag. But now, when he was made foreman of the jury, he set a new precedent for the Commonwealth; every time he entered the jury box, he faced the flag and solemnly saluted it. That was his way of “telling the world.” These anarchists--the male population of New England made an obscene word out of it--were trying to “tear down the flag,” and he was going to show them. On his way to court he had met an old friend in the railroad station, and said that he was going to act as a juror in the trial of two “guinneys.” “Damn them, they ought to hang anyway!” said Ripley, according to the affidavit made by his friend several months later. III Joe Randall was attending the trial as a newspaperman, representing some labor papers. Also there was John Nicholas Beffel, representing the Federated Press. These two mixed with the other reporters, and sat at lunch with them in the Dedham Inn, and so got all the “inside dope.” This was irritating to Judge Thayer, who naturally assumed that all the newspapermen were on his side, and was accustomed to join them at lunch in their private dining room, and tell them what he wanted to have published. It happened that the Italian Government had sent a representative to attend the trial, to make sure that two Italian citizens received fair play; this gentleman, the Marquis Ferrante, naturally did not understand that there could be such a thing as a “radical” newspaperman, so he talked freely to Beffel, and gave him a carefully worded statement, intended as a broad hint to Judge Thayer. “The Italian authorities are deeply interested in the case of Sacco and Vanzetti, and this trial will be closely followed by them. They have complete confidence that the trial will be conducted solely as a criminal proceeding, without reference to the political or social beliefs of any one involved.” Beffel made carbon copies of this statement, and gave it to the other men. The judge came in, and after he had finished his lunch and was ready to leave, one of the reporters handed him a copy of the statement. He read it, and did not fail to get its hidden meaning. His face flushed, and with a gesture of anger he said, “Why, that fellow