Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-08-05

press and education. Politics
was represented notably by
Fiorello La Guardia, for rec
iprocity, perhaps, kept most
politicians horS de combat.
1t was primarily foreign rad
ical agitation that signed the
death warrants; the Massa-
chusetts Irish Catholic vote
dipped the quilts.
Filthy, there is the pic
ture of the devoted lawyer
for whom justice for the
men became almost the OBJ
ject of his life. william
Thompson. a highly respect
ed Boston lawyer, entered
the case in its second half
when he replaced Moore. 1t
is said he never recovered
from the disilluSionment of
his innate belief in the
American legal process.
Then there is the major
issue of the case-the preju-
dice of Judge Webster Thay-
er against anarchists and
draft evaders. He justified
his position by the fact that
his prejudice was not con-
veyed to the jury; yet it is
remarkable to a layman that
it was he and only he who
ruled on exceptions filed aft
er the verdict - exceptions
impeaching testimony, pre-
senting a confession that
even today is not universally
discredited, presenting new
evidence favorable to the ac-
cused, and even pie a ding
that Thayer quit the case
because of his prejudice. Un-
der Massachusetts, law as it
then existed, Thayer was the
only judge in any phase of
the case, except that appel
late courts affirm e d the
form, though not the result,
of the trial. Thayer. who at
the end was more on trial
than the Italians, said that
the verdict had been ap-
proved by the Supreme Court
of Massachusetts,, an error
that was at once pointed
out editorially in highly
reputable newspapers such
as the Boston Herald and
the New York Times. All eff
forts for a new trial were
unavailing. Otherwise rea-
sonable men said publicly
that even If they were inno-
cent Sacco and Vanzetti
should be executed to MAIN
tain the prestige of Massa-
chusettS.
In the seventh place, there
is the fantastic aftermath.
The extraordinary funeral
parade choked the streets of
Boston. with tens of thou
sands of people on the
march. Governor Fuller, in
anticipation of demonstra-
tons and rioting, the day
before took the precaution
of tearing up Boston side
walks with pneumatic drills.
At the last moment, a men,
Der of the committee discov-
cred to his horror that the
undertaken had dressed the
proletarian corpses in tuxe-
dos. Frankfurter and his wife
marched with the mourners.
And then later through the
years, there is the great
amount of literature, much
of it of high quality. that
the Italian laborer and the
Italian artisan inspired.
Edna Millay, Dos Pa sos,
Sinclair. Edmond Wilson and
Max Eastman are among the
scores of writer's who were
moved by the men. Maxwell
Anderson wrote two plays on
the subject - "Winterset"
and Gods of the Lightning"
and James Thurber one
THE Male Animal"
New ballistic tests that Mr..
Russell had made last fall
prove to him that the gun
found on Sacco was one used
in the murder. He is not,
therefore, convinced of Sac
cos innocence, as he is Of
Vanzetti's. I myself, on the
basis of Mr.. RuSsell's book.
can more readily believe that
the gun was planted than
disbelieve Sacco's entirely
convincing alibis.
When, in 1947, the Cover
nor of Massachusetts, turned
down a gift of bas-relief
plaques of Sacco and Van
zetti done by Gutzon Bor-
glum, Arthur Schlesinger
commented: Meanwhile, the
statue of Anne Hutchinson
in the State house grounds
seems an assurance that
some later Governor will de-
eide differently"