About this book

Boston a novel

Upton Sinclair

the State House.” By stages of graft you could mount, higher and higher, until you found yourself dealing in millions, and associating with the great bankers, who had loaned money to state legislators without security; these legislators had bought Elevated Railway stock, and had then voted a bill guaranteeing dividends, thus causing twenty-five million dollars worth of stock to jump from twenty-five to ninety. Rupert Alvin and his Pilgrim National crowd had not even had the inconvenience of being indicted for that crime; one rebel legislator, Thomas A. Niland, one opponent of graft among politicians, had hired a sandwich-man and set him to picket the Court House with a sign, reading: “Mr. District Attorney, indict the bribe givers and bribe takers of the Boston Elevated.” IV The Jerry Walker case came to trial. More than five years after his properties had been taken from him, the manufacturer of felt got a chance to tell his troubles to a jury, and the public to see what happened to big bandits in the august Commonwealth of Massachusetts. The case was tried in Dedham Court House with the round white dome and portholes like an ocean liner; and it was destined to be appealed to the Supreme Judicial Court, and finally decided within four weeks of the Sacco-Vanzetti case. The Jerry Walker trial lasted from the beginning of November, 1923, to the end of November, 1924; the longest law-battle ever known in the history of the Commonwealth. During that period of time Cornelia Thornwell heard about little else when she was in touch with her family. Two of her sons-in-law, two nephews-in-law, and two cousins-in-law were involved, and the families ate, slept, walked, rode and prayed with the case for the whole thirteen months. It was not merely that fifteen millions of dollars were at stake, but the family honor, and the safety of the country’s banking system; for if Jerry Walker won his case, all the business men who had lost their properties to bankers would set up similar claims. What would be the fun in banking, if you were confined to the interest on your funds, and could not use your control of credit to get possession of industry? Cornelia was making it a rule to visit Sacco once or twice a month in Dedham jail, and she would stop at the court-house and watch the great duel of law. No guards with rifles on the steps, no gruff policemen to search your hand-bag, no steel cage for the defendants! No; for these were not the little bandits who break the law, these were the big bandits who make the law. Everything quiet and dignified, in the Harvard manner. With the exception of poor Jerry Walker himself, everybody was Harvard--the real reason poor Jerry had lost out. Polished gentlemen, with soft voices and slow drawls, dressed with elegance, and always immaculate, regardless of weather and possible weaknesses of the flesh, arguing fine points of law, and presenting mountains of documents and miles of figures to a bewildered jury. You would not have guessed that there was anything very special or thrilling in process--unless you knew the sacred names, and realized that here were the bluest of blue-bloods, the center of the center and hub of the hub. These men who sat on hard benches listening, who took the witness-stand to testify for days and sometimes weeks, were the inner ring of those who held the financial and industrial power of New England for their own. There were times when, if you had sat with an adding machine, and tabulated the wealth owned by men in the court-room, it would have amounted to several hundred million dollars; if you had counted the wealth of other persons which they controlled, and used to sway markets and support credit for their own advantage, it would have totaled billions. The trial would occupy a hundred and eighty-seven days of actual hearings; more than two thousand exceptions would be taken to the judge’s rulings, to be submitted to the higher court; the testimony would be close to six million words, and the cost of the procedure to the County of Norfolk would be more than two hundred thousand dollars. Out of its great generosity of heart, the legislature went so far as to pass a special measure, providing for the payment of nine dollars a day to the jurymen in this case--and the bill was made retroactive! It was in the public interest that these wholesale bandits should fight out their fights in a court-room, instead of hiring private armies and settling it on the streets. When the issue had been decided, these two facts would stand out: first, that Harvard blue-bloods had the money; and second, that their fellow-members of the Union Club had permitted them to keep it. V To Cornelia Thornwell the really significant thing was this: that so many concerned with the defense of the case were lying. The great bankers were hiding what they had done to Jerry Walker, and their great lawyers were sitting down with them, day after day and night after night, framing what they were going to say. For five years Cornelia had known that they would do this; it was so well understood in the family that nobody was equal to the task of attempting to fool her. There were fifteen millions of dollars at stake; and the driving power of this sum was so colossal that it swept every barrier before it, and truth, honor, dignity, justice, law, country, God and religion went out like the contents of a chicken-ranch when a dam bursts at the head of a valley. Privately these bankers were quarreling bitterly among themselves as Cornelia knew; the wives were cutting one another at bridge-parties, and families were riven pro tem. But on the witness-stand every man stood by the ship, and obeyed the orders of the captain, Rupert Alvin. Cornelia got a new understanding of her oldest son-in-law. He had always seemed to her a semi-comic figure, with his face and neck of pink and purple bulges; humorless, naïve in spite of his heavy pomposity, and pathetic while being hen-pecked by a Thornwell lady whose family was older and greater than his. But now Cornelia observed him as a man among men, and realized what are the qualities of a successful bandit-leader. They might be summed up in a single word, dependability; the gang must know that the leader will always be there, and will never change; that he will be the incarnation of solid, heavy, earnest greed, an irresistible and incessant push for large sums of other people’s money. Also, the gang must know that the leader will give them individually a greater share than any other leader of equal greed-power. A quality of Rupert’s that came out in the trial--he was a veritable mountain of righteous respectability. He had only wanted a small share of the loot for himself, and it had been necessary for his associates to insist that he should have a large share. Said Quincy Thornwell, gossiping with his Aunt Cornelia during the course of the revelations, “You always have to insist that Rupert take a large share. And you always do it. If you don’t, you are not in on the next big deal.” Now here he was on the witness-stand, telling the story of his relationships with Jerry Walker; the president of the Pilgrim National Bank, who had promised poor Jerry a three-million-dollar loan at twenty-seven per cent interest, and had “strung him along” for months, having the plans all made, the syndicate of bankers formed, and Henry Cabot Winters supposed to be getting the agreements ready--when as a matter of fact Rupert had ordered that no agreements be got ready, having no purpose but to have poor Jerry in a “jam” when his “paper” came to maturity. For more than a week Rupert was cross-questioned by Jerry’s little bull-dog of a lawyer, and he was most gentlemanly and aristocratic about his lying. He had reduced it to a formula, suitable to his simple mind; he could remember ten thousand details which were to his advantage, and he did remember them, promptly and exactly; but whenever there was any detail which would have been to his disadvantage, then he had forgotten about it. And that was all; it was charmingly easy--he had only to say, “I do not remember.” The cross-examiner might phrase the question in a score of different ways, he might make any number of approaches to it, but he could never get anything from the imperturbable Rupert except, “I do not remember.” It amused the lawyers of Jerry Walker to go over the record, and count up the number of matters about which Rupert’s memory had thus been adjusted to his interests; he had managed to forget one hundred and seventy-three different things. Only once a bad slip! Early during the negotiations with Jerry Walker he had put the blame on Henry Cabot Winters, and had said to Jerry, “Henry has had his teeth in this thing once”--meaning in Jerry’s felt-business. That was a terrible admission, and Rupert made it elaborately, and in great detail, before his lawyers managed to interrupt, and convey to him that it wouldn’t do. The great banker then took the liberty of consulting his counsel; after the consultation, he retracted his admission, and denied that he had ever said any such thing to the plaintiff. A distressing moment; for there sat the reporters of half a dozen newspapers, their pencils plying busily, and the whole of State Street and the Union and Somerset Clubs waiting to read the story that afternoon. Then, the ordeal being over for Rupert, he went back to Boston, and attended an assemblage of some men’s organization connected with his Episcopal Church. Some evil person proposed that the organization should take a stand upon the question of social justice, and Rupert got up and moved that the resolution be tabled, and made a powerful and impressive speech, in which he declared that the purpose of the Episcopal Church was “spirituality,” and that it should not be lured into controversies over mundane affairs. The Boston newspapers all reported the discourse, and were strong for “spirituality.” VI Mr. Justice Thayer was rendering his decisions upon the various motions for a new trial. The “Ripley motion,” the “Daley motion,” the “Pelzer motion,” the “Andrews motion,” the “Goodridge motion”--he denied them all; and he was judge, and the sole judge. He decided that his own conduct had been proper, he decided that the new evidence was not such as to warrant a new trial. The one thing his victims got out of these decisions was a holiday every time. The law required that the defendants should be present at all stages of the proceedings; and so a miniature army would be called out to move Nicola Sacco from Dedham Jail to Dedham Court-house, and Bartolomeo Vanzetti would leave his cell for a whole day, and become the delighted center of an automobile parade. He wrote Cornelia about it, beginning with his breakfast, “a cup of coffee, three slices of bread, two frankforts and mashed potatoes, all as cold as ice cream could be.” Later when it was proposed to publish this narrative, Bart was distressed, and insisted upon its being made plain that he had made this remark playfully, because of course the prison authorities could not prepare hot food out of hours. “After such a breakfast, an official took me in the ‘Guard Room.’ The little chauffeur, an old officer, and the bravest one were waiting for me. I was chained with the last one, and all four left the room and went down to the street where the automobile was ready. Six or seven officers stood at the door, with their right hand near the back pocket, ready to protect me from any attack. One must be most ungrateful man of the world for not feeling quite reconoscent.” And then his love of nature, the joy of escaping from darkness into sunshine and open air: