Sacco Guilty, Vanzetti Innocent?


In 1915 Hamilton had come a cropper when he appeared as an expert for the prosecution in the New York trial of Charles Stielow, accused of murdering his housekeeper. According to Hamilton’s testimony, a bullet taken from the housekeeper’s body could only have come from Stielow’s revolver. Principally because of this testimony Stielow was found guilty and sentenced to death. Yet later he was pardoned after it was shown by more competent experts that the death bullet could not have come from this revolver.

Hamilton’s career survived even this devastating reverse. When he appeared in Boston to testify in the Proctor-Hamilton motion, he had the respectable assistance of Augustus Gill, a professor of chemical analysis at the Massachusetts Institute of Technology. Hamilton now claimed that by the measurements he had made under the microscope he was able to determine that the test bullets offered in evidence at the trial had been fired from Sacco’s pistol but that Bullet III had not. Professor Gill corroborated this opinion. Hamilton also maintained that the hammer in Vanzetti’s revolver was not new, since an essential screw did not show marks of having been removed.

In answering for the prosecution Captain Van Amburgh had become much more positive than he had been at the trial. He displayed his strip photographs, declaring that he was now “absolutely certain” that Bullet III and Shell W had been fired in Sacco’s pistol.

Toward the close of the hearing, Hamilton appeared in court with two new .32 caliber Colt automatics that he said he wanted to compare with Sacco’s pistol. Before Judge Webster Thayer and the lawyers for both sides, he disassembled all three pistols and placed their parts in three piles on a table in front of the judge’s bench. Then, picking up various parts one by one, he explained their function and pointed out their interchangeability. Finally he reassembled the pistols, putting his own two back in his pocket and handing Sacco’s to the clerk of court.

Just as Hamilton was leaving the courtroom Judge Thayer called him back and ordered him to hand over the two pistols in his pocket to be impounded. He did so. Two months later when Van Amburgh was again examining Sacco’s pistol, he noticed that the barrel, previously fouled with rust, appeared bright and sparkling as if it were brand-new. At once he realized that there had been a substitution of barrels and that if the gun were now fired it would produce very different markings on the bullets. He notified Assistant District Attorney Williams, who went at once to Judge Thayer. After a private hearing Thayer ordered an investigation. This was held in the following three weeks with only Van Amburgh, Hamilton, the district attorney, and a defense lawyer present.

At the opening of the investigation the three pistols were brought in. The briefest examination made it clear that Sacco’s Colt had acquired a new barrel. Its original fouled barrel was now found to be in one of Hamilton’s pistols. Everyone in the room was aware that Hamilton must have made the substitution when he disassembled the three guns in court, and the district attorney now accused him of trying to work up grounds for a new trial. Unabashed, Hamilton maintained that someone connected with the prosecution had made the switch. At the conclusion of the investigation Thayer passed no judgment as to who had switched the barrels but merely noted that the rusty barrel in the new pistol had come from Sacco’s Colt. In concluding he ordered this barrel replaced and the three pistols delivered into the clerk’s custody “without prejudice to either side.” The prejudice, however, was not so easily erased. To the end Hamilton was a detriment, expensive, untrustworthy, and untrusted.

In the six years that had elapsed between the conviction of Sacco and Vanzetti and the passing of the death sentence on them in 1927, the case had expanded from its obscure beginnings to become an international issue of increasing turbulence. Finally in June, 1927, the governor of Massachusetts appointed a three-man committee headed by President A. Lawrence Lowell of Harvard to review the case.

The ballistics issue had remained dormant since Judge Thayer’s rejection of the Proctor-Hamilton motion. Just before the Lowell Committee hearings, still another expert, Major Calvin Goddard, arrived in Boston with a comparison microscope, with which he offered to make without charge what he maintained would be conclusive tests on the Sacco-Vanzetti shells and bullets. The prosecution had no objections. William Thompson, the conservative Boston lawyer who had taken charge of the defense, would not approve of the tests but agreed not to try to prevent them.

Goddard made his tests June 3 before Professor Gill, a junior defense lawyer, an assistant district attorney, and several newsmen. His findings were:

  1. That Shell W was fired in the Sacco pistol and could have been fired in no other.
  2. That the so-called “mortal” bullet, Bullet III, was fired through the Sacco pistol and could have been fired through no other.

Professor Gill, after spending some time looking through the comparison microscope, became convinced of the parallel patterns of Bullet III and a test bullet, but felt that these would have shown more clearly if Bullet III could have been cleaned of its encrusted grime. Thompson, for the defense, refused to give permission to have this done. Shortly afterward Gill wrote to Thompson that he now doubted his testimony at the Hamilton-Proctor motion and wished to sever all connection with the case. His disavowal was followed by another from the trial defense expert James Burns.