The Passion of Sacco and Vanzetti: A New England Legend by Howard Fast Read Free Book Online Page A

murder gang. During the course of the trial, fifty-nine witnesses testified for the prosecution, for the Commonwealth of Massachusetts. Their testimony included statements that they had seen the defendants in South Braintree on the morning of the murder, that they had recognized Sacco as one of the murderers, and Vanzetti as one of the people in the car. On the other hand, witnesses for the defense provided both Sacco and Vanzetti with alibis. Sworn witnesses for the defense testified that on April 15, Sacco was in Boston, making inquiries concerning a passport to Italy. These witnesses are supported in their testimony by an official of the Italian consulate, who deposed that Sacco had visited the consulate in Boston at 2:15 p.m., the day that the murder took place. Witnesses for Vanzetti testified that on April 15, the day the murder took place, he was pursuing his trade as a fish peddler, a goodly distance from South Braintree, at the very time the murders were committed. In other words, witness after witness gave sworn testimony to the fact that it would have been utterly impossible for either Sacco or Vanzetti to have been involved in the crime which was committed at South Brain-tree.”
    â€œOne would think, in the light of this, that questions of the guilt or innocence of Sacco and Vanzetti could not readily arise or find any support among thoughtful people. However, it is not quite so simple, nor are all people thoughtful in that sense. There were also numerous witnesses for the Commonwealth of Massachusetts, who swore under oath that Sacco and Vanzetti took part in the crime. Thus we are faced with the question of totally contradictory evidence.”
    â€œI will not and cannot, in the time I have here, go into a witness by witness examination of the evidence or of the character of those who gave evidence. I desire instead to establish some general conditions as to the trustworthiness of evidence funneled through the eyes of angry or prejudiced people. One witness, for example, gave a most extraordinary performance in powers of observation, memory and recollection. It is worth repeating here, because it is so typical of the manner in which these identifications of Sacco and Vanzetti as the criminals were obtained. This witness’ name is Mary E. Splaine. Shortly after the crime was committed, the Pinkerton Detective Agency showed Miss Splaine some rogues’ gallery pictures of criminals, and Miss Splaine selected a picture of one Tony Palmisano as a bandit she saw in the automobile. However, fourteen months later, she identified Nicola Sacco as the person seen in the automobile.”
    â€œThe circumstances of her original observation of the crime are equally interesting. She was working on the second floor of a building across the street from where the murder occurred. When the explosion of shots sounded, she dropped her work and rushed to the window. You can imagine with what excitement such an action was accompanied. When she reached the window, the murder car was already pulling away, and thus, she had just a momentary glimpse of the car before it vanished. But fourteen months after she had that momentary glimpse, here is how she exercised her powers of recollection as a witness. I now quote from the trial record.”
    â€œâ€˜ Question: Can you describe him to these gentlemen here?’”
    â€œWhereupon, Miss Splaine answered: ‘Yes, sir. He was a man that I should say was slightly taller than I am. He weighed possibly from 140 to 155 pounds. He was a muscular—he was an active looking man. I noticed particularly the left hand was a good-sized hand, a hand that denoted strength or a shoulder that—’
    â€œâ€˜ Question: So that the hand you said you saw where?’”
    â€œâ€˜ Answer: The left hand, that was already on the back of the front seat, on the back of the front seat. He had a gray, what I thought was a shirt, had a grayish, like navy color, and the