Motions, appeals, and clemency investigation
Appeals, protests, and denials continued for the next six years. While the prosecution staunchly defended the verdict, the defense, led by radical attorney
Fred Moore, dug up many reasons for doubt. Three key prosecution witnesses admitted they had been coerced into identifying Sacco at the scene of the crime. But when confronted by DA Katzmann, each changed their stories again, denying any coercion. In
1924, controversy continued when it was discovered that someone had switched the barrel of Sacco's gun. Three weeks of private hearings followed but the mystery was never solved. Other appeals focused on the jury foreman and a prosecution ballistics expert. In
1923, the defense filed an affidavit from a friend of the jury foreman who swore that prior to the trial, the man had said of Sacco and Vanzetti, "Damn them, they ought to hang them anyway!" That same year, a state police captain retracted his trial testimony linking Sacco's gun to the fatal bullet. Captain William Proctor claimed that he never meant to imply the connection and that he had repeatedly told DA Katzmann there was no such connection but that the prosecution had crafted its trial questioning to hide this opinion.
Adding to the growing conviction that Sacco and Vanzetti deserved a new trial was the conduct of trial judge Webster Thayer. During the trial, many had noted how Thayer seemed to loathe defense attorney Fred Moore. Thayer frequently denied Moore's motions, lecturing the California-based lawyer on how law was conducted in Massachusetts. On at least two occasions out of court, Thayer burst into tirade. Once he told astonished reporters that "No long-haired anarchist from California can run this court!" According to onlookers who later swore affidavits, Thayer also lectured members of his exclusive clubs, calling Sacco and Vanzetti "Bolsheviki!" and saying he would "get them good and proper". Following the verdict, Boston Globe reporter Frank Sibley, who had covered the trial, wrote a scathing protest to the Massachusetts attorney general condemning Thayer's blatant bias. Then in
1924, after denying all five motions for a new trial, Thayer confronted a Massachusetts lawyer at his alma mater, Dartmouth. “Did you see what I did with those anarchistic bastards the other day?" the judge said. "I guess that will hold them for a while! Let them go to the Supreme Court now and see what they can get out of them!” The outburst remained a secret until
1927 when its release heightened the suspicion that Sacco and Vanzetti had not received a fair trial.
For their part, Sacco and Vanzetti seemed alternately defiant, despondent, and despairing. The
June 1926 issue of
Protesta Umana published by their Defense Committee, carried an article signed by Sacco and Vanzetti that appealed for retaliation by their colleagues. In an ominous reference to
Luigi Galleani's bomb-making manual (covertly titled
La Salute è in voi!), the article concluded
Remember, La Salute è in voi!. Yet both Sacco and Vanzetti wrote dozens of letters sincerely expressing their innocence. Sacco, in his awkward prose, and Vanzetti in his eloquent but flawed English, insisted they had been framed because they were anarchists. Supporters, historians, and others who remain convinced of their innocence, point to these letters as proof. When the letters were published after the executions, journalist Walter Lippmann wrote, “If Sacco and Vanzetti were professional bandits, then historians and biographers who attempt to deduce character from personal documents might as well shut up shop. By every test that I know of for judging character, these are the letters of innocent men.”
Neither Sacco nor Vanzetti had any previous
criminal record, but they were known to the authorities as radical
militants and adherents of
Luigi Galleani who had been widely involved in the
anarchist movement,
labor strikes, political agitation, and anti-
war propaganda. Sacco and Vanzetti both claimed to be victims of social and political prejudice and both claimed to be unjustly convicted of the crime for which they were accused. However, they did not attempt to distance themselves from their fellow anarchists nor their belief in violence as a legitimate weapon against the government. As Vanzetti said in his last speech to Judge Webster Thayer:
:"
I would not wish to a dog or a snake, to the most low and misfortunate creature of the earth — I would not wish to any of them what I have had to suffer for things that I am not guilty of. But my conviction is that I have suffered for things that I am guilty of. I am suffering because I am a radical, and indeed I am a radical; I have suffered because I am an Italian, and indeed I am an Italian… If you could execute me two times, and if I could be reborn two other times, I would live again to do what I have done already". (Vanzetti spoke on
19 April, 1927, in
Dedham, Massachusetts, where their case was heard in the
Norfolk County courthouse.
1)
Many famous
socialist intellectuals, including
Dorothy Parker, Edna St. Vincent Millay, Bertrand Russell, John Dos Passos, Upton Sinclair, George Bernard Shaw and
H. G. Wells, campaigned for a retrial, but were unsuccessful. Famed lawyer and future
Supreme Court Justice
Felix Frankfurter also argued for a retrial for the two men, writing a scathing criticism of Thayer's ruling which, when published in the
Atlantic Monthly in 1927, was widely read.
While in
Dedham prison, Sacco met a
Portuguese convict named
Celestino Madeiros. Madeiros claimed to have committed the crime of which Sacco was accused. However, Sacco's motion for a new trial was again denied. However, Medeiros, whose vague confession contained many anomalies, steered defense lawyers to a gang many still think committed the Braintree murders. Prior to April 1920, gang leader Joe Morelli and his men had been robbing shoe factories in Massachusetts, including the two in Braintree where the murders occurred. Morelli, investigators discovered, bore a striking resemblance to Sacco, so striking that several witnesses for both prosecution and defense mistook his mug shot for Sacco's. When questioned in 1925, while in prison, Morelli denied any involvement but six years later he allegedly confessed to a New York lawyer. And in 1973, further evidence against the Morelli gang emerged when a mobster's memoirs quoted Joe's brother Frank as confessing to the Braintree murders.
On 8 April, 1927, their appeals exhausted, Sacco and Vanzetti were finally sentenced to death in the electric chair. A worldwide outcry arose and Governor
Alvin T. Fuller finally agreed to postpone the executions and set up a committee to reconsider the case. By this time, firearms examination had improved considerably, and it was now known that an automatic pistol could be traced by several different methods if both bullet and casing were recovered from the scene (as in Sacco’s case). Automatic pistols could now be traced by unique markings of the rifling on the bullet, by firing pin indentations on the fired primer, or by unique ejector and extractor marks on the casing. The committee appointed to review the case used the services of
Calvin Goddard in 1927, who had worked with Charles Waite at the Bureau of Forensic Ballistics in New York. Goddard was a genuine firearms expert trained in ballistics and forensic science. He had originally offered his services to the defense, who had rejected his assistance, continuing to rely on Hamilton's testimony which they felt best fitted their view of the case.
Goddard used Philip Gravelle's newly-invented comparison microscope and helixometer, a hollow, lighted magnifier probe used to inspect gun barrels, to make an examination of Sacco’s 0.32 Colt, the bullet that killed Berardelli, and the spent casings recovered from the scene of the crime. In the presence of one of the defense experts, he fired a bullet from Sacco's gun into a wad of cotton and then put the ejected casing on the comparison microscope next to casings found at the scene. Then he looked at them carefully. The first two casings from the robbery did not match Sacco’s gun, but the third one did. Even the defense expert agreed that the two cartridges had been fired from the same gun. The second original defense expert also concurred. Though many of its own actions were later called into question, the committee upheld the convictions.