Facing the chair

by John Dos Passos

Feri Felix Weiss

“Have Attorney General Sargent and his subordinates ... stooped so low, and are they so degraded that they are willing by the concealment of evidence to enter into a fraudulent conspiracy with the government of Massachusetts to send two men to the electric chair, not because they were murderers but because they were radicals?”

(All attempts on the part of the defense to secure information from the Department of Justice files on the case have so far proved fruitless. Chief Counsel Thompson has written the Attorney General of the United States on the subject and in spite of the intercession of Senator Butler of Massachusetts, received no satisfactory reply. The Department of Justice refuses to give up its secrets.)

Where are Sacco and Vanzetti in all this? A broken man in Charlestown, a broken man in a grey birdcage in Dedham, struggling to keep some shreds of human dignity in face of the Chair? Not at all.

Circumstances sometimes force men into situations so dramatic, thrust their puny frames so far into the burning bright searchlights of history that they or their shadows on men’s minds become enormous symbols. Sacco and Vanzetti are all the immigrants who have built this nation’s industries with their sweat and their blood and have gotten for it nothing but the smallest wage it was possible to give them and a helot’s position under the bootheels of the Arrow Collar social order. They are all the wops, hunkies, bohunks, factory fodder that hunger drives into the American mills through the painful sieve of Ellis Island. They are the dreams of a saner social order of those who can’t stand the law of dawg eat dawg. This tiny courtroom is a focus of the turmoil of an age of tradition, the center of eyes all over the world. Sacco and Vanzetti throw enormous shadows on the courthouse walls.

William G. Thompson feels all this dimly when, the last affidavit read, he pauses to begin his argument. But mostly he feels that as a citizen it is his duty to protect the laws and liberties of his state and as a man to try to save two innocent men from being murdered by a machine set going in a moment of hatred and panic. He is a broadshouldered man with steely white hair and a broad forehead and broad cheek-bones. He doesn’t mince words. He feels things intensely. The case is no legal game of chess for him.

“I rest my case on these affidavits, on the other five propositions that I have argued, but if they all fail, and I cannot see how they can, I rest my case on that rock alone, on the sixth proposition in my brief—innocent or guilty, right or wrong, foolish or wise men—these men ought not now to be sentenced to death for this crime so long as they have the right to say, “The government of this great country put spies in my cell, planned to put spies in my wife’s house, they put spies on my friends, took money that they were collecting to defend me, put it in their own pocket and joked about it and said they don’t believe I am guilty but will help convict me, because they could not get enough evidence to deport me under the laws of Congress, and were willing as one of them continually said to adopt the method of killing me for murder as one way to get rid of me.””

Ranney’s handling of the case has been pretty perfunctory throughout, he has contented himself with trying to destroy the Court’s opinion of Madeiros’ veracity. A criminal is only to be believed when he speaks to his own detriment. He presents affidavits of the Morelli’s and their friends denying that they had ever heard of Madeiros, tries to imply that Letherman and Weyand were fired from the government employ and had no right to betray the secrets of their department. He knows that he does not need to make much effort. He is strong in the inertia of the courts. The defence will have to exert six times the energy of the prosecution to overturn the dead weighty block of six other motions denied.

Thompson comes back at him with a phrase worthy of Patrick Henry.

... “And I will say to your honor that a government that has come to honor its own secrets more than the lives of its citizens has become a tyranny whether you call it a republic or monarchy or anything else.”