About this book

Boston a novel

Upton Sinclair

and testified that Lola had spoken to no man in or near an automobile. A policeman and a reporter testified that she had told them she had not seen the bandits. Harry Kurlansky, a small shopkeeper of Quincy, had talked with her on his doorstep and heard her tell how the police were hounding her to testify against Sacco and Vanzetti. “‘The government took me down and they want me to recognize those men,’ she says, ‘and I don’t know a thing about them. I have never seen them and I can’t recognize them.’” That testimony looked so bad for Lola, it was one of the times when Judge Thayer felt it necessary to jump to the rescue. He began to cross-question the witness: why hadn’t he set to work as a good citizen to find out who it was that was trying to make Lola give false testimony? Such an obvious thing for a small shopkeeper, a foreigner in a New England town, to tackle the police and the district attorney’s office, and make them stop framing a witness! Said the judge, “Did you attempt to find out who this person was who represented the government who was trying to get her to take and to state that which was false?” Naturally Kurlansky was taken aback by such a question, and could only say, “Well, it didn’t come into my mind. I wasn’t sure, you know. It didn’t--” The judge pinned him down, as to why he didn’t think of it, why he didn’t do it--thus leaving him completely discredited before patriotic jurors, who gave all their spare time to supervising the work of police chiefs and district attorneys. VI Presiding over a murder trial is a complicated and exacting business. Common sense and humanity have nothing to do with the procedure; it is a matter of rules and decisions, millions of intricate and subtle details, the interwoven and organized history of the trials which have been held in New England for three hundred years, and in Old England for twice as long. All this you have to have at your finger-tips, for each decision must be rendered immediately, you cannot take it under advisement and look up the precedents overnight. Your reputation depends upon your decisions being such that the highest court, reviewing your work, will sustain you. The strain is incessant, and may last for many weeks; the rules allow ten days’ rest to a judge after each ordeal. “Web” Thayer had been playing this game for many years, and knew all the tricks; including the one of favoring his own side while seeming to be impartial. His spoken words would go into the record, to be studied by the higher judges; but his manner would not go in--so the art was to keep his words fair, and do the damage otherwise. Every time Swenson or Moore would make an objection, “Web” would turn and look at him over his spectacles with a kind of ironical curiosity. “What is this that has come out of the wild west to teach us how to conduct a court in Massachusetts?” Then his eyes would turn to the jury, and give half a wink; with a bored drawl, he would say, “Objection overruled,” and jury and court officials would be all one grin. Within its narrow limits the judge’s mind was quick and cunning. He was instantly on the alert to spoil any advantage his enemies were gaining, and ingenious to find reasons to interrupt, to block questions, to bar out evidence and confuse witnesses. Frequently he sat with some of the prosecutors in public places, and he always knew what the prosecutor was aiming at, and if he missed a point, would prompt him. Once, realizing that he had gone too far, he apologized blandly: “I am always telling the district attorney what to say.” The naïve court reporter put that into the record! And later came the incident of the cap which had been picked up at the scene of the crime, and which the prosecution sought to identify as Sacco’s. It was too small for him, but the jury would overlook that. When the son of Sacco’s employer was on the stand, Judge Thayer tried to get him to say that this cap resembled Sacco’s. Naturally, when a man runs a factory with many workers, he can’t remember the details of all the caps they wear; young Kelley was embarrassed, not liking to displease a great judge, but he had to say, “I can’t answer it when I don’t know right down in my heart that that is the cap.” “Web” was determined to get something more damaging than that; and at the same time he tried to fix it so that his questions would seem to be coming from Assistant District Attorney Williams. Said the judge, “I would like to ask the witness one question: whether--” then he turned to Mr. Williams: “I wish you would ask him, rather.” The defense lawyers tried to break up this game, but “Web” stuck to it: “I would rather it came from Mr. Williams. Will you put that question?” The somewhat slow Mr. Williams--“Web” came to hate him bitterly for this and other faults--asked the witness whether the cap was “alike in appearance to the cap worn by Sacco.” The witness replied, “In color only,” which would seem clear enough; but “Web” refused to be defeated. Said he, “That is not responsive to the question”--meaning, of course, that it wasn’t what he wanted. He went on, telling the witness what to say: “In its general appearance it is the same.” Those words came from the just and upright judge, and the witness would have had to be very rude indeed to contradict them. “Yes, sir,” he said. When the defense objected to this singular method of “framing” evidence in open court, the judge made it all right by directing the court reporter to falsify the record. “You may put the question so it comes from counsel rather than from the Court.” Mr. Williams then obediently put the question, and the witness obediently answered again. But the court reporter, whether from stupidity or malice, failed to take the judge’s instructions, and copied out the whole dialogue, and there it stands in cold print, to be handed down to the scorn and fury of all future times. And this partisanship and cunning combined with the cheapest vanity and craving for display! The photographers were constantly making pictures of Judge Thayer, and he was never too busy to pose for them. On the front page of the papers you saw Judge Thayer sitting on the bench with a legal tome open before him; Judge Thayer with a palm leaf fan standing in front of the court-house; the twelve gentlemen of the jury being entertained by a victrola, with Judge Thayer in the center of the picture. And then, sitting in his chambers, spitting on the floor, and talking about the case with Tom, Dick and Harry; with court officials, interpreters, policemen, newspaper reporters, photographers--incredible as it might seem, even with ladies of social prominence who were there as friends of Sacco and Vanzetti. So furious was his hatred against these “anarchistic bastards,” he was not content to send them to the electric chair, but must throw mud at them on their journey. To Cornelia Thornwell it seemed that the poor old man had literally gone out of his mind; so also it seemed to dignified “blue-bloods” when she told them what was happening. But what could be done about it? The Commonwealth makes the proud boast that no judge has ever been impeached. Were they going to break that record, tarnish that scutcheon, for the sake of two Italians who were anarchists, infidels and draft-dodgers, even if they were not bandits and murderers? VII Carlos E. Goodridge to the stand: the man who had managed to exchange a jail sentence of several years for aid in sending Sacco to the electric chair. Judge Thayer knew all about that situation; and just as Swenson had predicted, he refused to permit any questions to be asked of Goodridge, to reveal the fact that he had pleaded guilty to larceny in Massachusetts. Moreover, the judge called the lawyers to the bench while he was discussing the matter, so that the jury might have no hint that they were listening to the testimony of a crook. Thayer would not even permit the discussion to get into the record, and when he saw the court reporter starting to take down his words he exclaimed, “Get the hell out of here!” So the proprieties were preserved, and the glib and plausible Goodridge took the stand, and told the trusting jury how he had run out of the pool-room, and seen the bandit car go by, close to the curb, and how a bandit “poked a gun over towards” him, and this man was Sacco and nobody else. The defense was hog-tied and helpless. Concerning the rest of Goodridge’s record, the fact that his very name was an act of perjury, they had no evidence. The court-room rang with the cries of the several fine women whom Erastus Corning Whitney had married and betrayed, of the owners of horses he had stolen, of others whom his glib tongue had swindled; but the fates which held Sacco and Vanzetti at their choice allowed no sound to be heard. When later these sounds had been duly transcribed upon legal paper, and sworn to before notaries, and laid before Judge Thayer in the form of a motion for a new trial, that Daniel come to judgment would repeat his deadly formula: “Motion denied!” When the matter was carried before the Supreme Judicial Court, that august body would apply its vast learning to the problem, and decide, first, that the failure to let the jury know of Goodridge’s record was not ground for reversal, and second, that the discovery of new facts about Goodridge was not basis for a new trial. “Decision sustained.” Blocked and thwarted at every turn! Police officers took the stand to tell how witnesses had identified Sacco and Vanzetti in the Brockton police station immediately after their arrest; but when the defense tried to ask them about witnesses who had refused to identify, “Web” Thayer held up his mighty hand and cut him short. No witness could be asked about what any other witness might have said! By this device the defense would be kept from using the trial proceedings to fish for evidence. The bare idea that they should try to do it was so preposterous that both the judge and the jury burst out laughing. Again the voices shrieked. Roy Gould, the salesman of shaving paste, the man with the bullet hole in his overcoat, who had been within ten feet of the bandits, and would swear that Sacco was not the man! Mrs. Kelly and Mrs. Kennedy, the only persons who had had an extended view of the driver of the car, and whose written statements that he was not Vanzetti were in the hands of the district attorney! All those witnesses who had been taken to the police station by Henry Hellyer and Captain Proctor, and had identified photographs of other bandits, but had refused to identify Sacco and Vanzetti--in spite of the posing, and pulling down of caps over the eyes, and pretending to aim pistols! So many voices crying warnings, filling the court-room with their clamor--in vain! VIII In the papers Cornelia read news of great concern to her family; the demurrer to the suit of Jerry Walker had been overruled; the last bar was down, the tremendous case was to be tried out before a jury. “Fifteen Million Dollar Conspiracy Charge!” said the newspapers. To Cornelia it meant a family agony; all three of her sons-in-law, two of her nephews-in-law, two or three cousins, were going to have to take the witness stand, and be questioned for weeks and months as to the details of their business procedures. Jerry Walker’s lawyers had not minced words in setting forth what they expected to prove: the great bankers, headed by Rupert Alvin and Henry Cabot Winters, had “entered into a secret combination and conspiracy to carry into effect by their combined power and influence, by duress of the plaintiff, by fraudulent concealments, false representations and by wrongful, illegal and fraudulent means which are hereinafter stated with certainty