Holy Flying Christ, I said to myself when I understood Charlie's laughter and saw the arc of beer, for I understood much more than what we were all seeing. I was remembering what Jack's stylized terror could do to a man, remembering Joe Vignola, my client in the Hotsy Totsy case, a man visited not by Jack's vengeance but merely by the specter of it. I was remembering Joe on his cot in the Tombs, tracing with his eye a maze a prisoner before him had drawn on the wall, losing the way, tracing with his finger, but the finger too big, then finding a broom straw and tracing with that. And scratching his message above the maze with a spoon: Joe Vignola never hurt nobody, but they put him in jail anyway. Joe was dreaming of smuggling a gun in via his wife's brassiere, but he couldn't conceive of how to ask her to do such an embarrassing thing. And the district attorney was explaining almost daily to him, it's just routine, Joe, we hold 'em all the time in cases like this, an outrage, as you know, what happened, and we must have witnesses, must have them. Also a precautionary measure, as l'm sure you're aware, Joe, you're safer here. But I want to go home, Joe said, and the DA said, well, if you insist, but that's twenty thousand. Twenty thou? Twenty thou. I'm not guilty, you've got the wrong man. Oh no, said the DA, you're the right man. You're the one who saw Legs Diamond and his friends being naughty at the Hotsy Totsy. I'm not the only one, Joe said. Right, Joe, you are not the only one. We have other witnesses. We have the bartender. We have Billy Reagan, too, who is coming along nicely. An open-and-shut case, as they say.
Joe Vignola was in jail eight days when his wife got a phone call. Somebody, no name, told her: Look on such and such a page of the Daily News about what happened to Walter Rudolph. Walter Rudolph was the DA's corroborating witness, and two kids had found him lying off the Bordentown Turnpike near South Amboy, wearing his blue serge suit, his straw hat alongside him, eleven machine-gun slugs in him.
I was called into the case at this point. Vignola's lawyer was suddenly inaccessible to Vignola's wife, and an old show business friend of mine, Lew Miller, who produced Broadway shows and had patronized the Hotsy and gotten to know Joe Vignola well enough to go to bat for him, called me up and asked me to see what I could do for the poor bird.
Memory of my first interrogation of Joe: Why did you tell the cops what you saw? Why did you identify photos of Jack Diamond and Charlie Filetti for the grand jury?
Because I wanted people to know I had nothing to do with it. Because I didn't want them to put me in jail for withholding evidence. And a cop slapped me twice. But why, really, Joe? Did you want your name in the l papers, too?
No, because Billy Reagan had talked and would be the main witness and because the cops had at least twenty-five other witnesses who were in the club, and they told the same story I did, the DA said.
But, Joe, knowing what we know about Jack Diamond and people like him, how could you do it? Was it time to die?
Not at all. Basically, I don't approve of murder, or Jack Diamond or Charlie Filetti either. I was brought up a Catholic and I know the value of honesty. I know what a citizen has to do in cases like this. Don't I hear it in church and on the radio and in the papers about being a good citizen? We can't let these bums take over America. If I don't stand up and fight, how can I expect the next guy to stand up? How could I look myself in the mirror?
But why, Joe? Lay off the bullshit and tell me for chrissake, why?
Why? Because it takes big balls. Because Jack Diamond was always cracking wise about the guineas and nobody is going to say that Joe Vignola is a yellow-bellied guinea. Joe Vignola is an Italian-descent American with big balls.
Big balls, Joe? Was that really it'?
Right.
You dumb bastard.
I got in touch with the lawyer for Charlie Filetti, who they caught in Chicago and hit with murder one. They hadn't picked up Jack. I told the lawyer poor Joe was of no use to the prosecution because he would not be able to remember anything at the time, and that I wanted to be in touch with somebody in the Diamond gang who I could relay this message to at first hand so that Jack would also know what Joe was up to, which was not much. The lawyer put me on to Jimmy Biondo, who met me at the Silver Slipper on Forty-eighth Street one night. We talked briefly, as follows:
'You guarantee he's no pigeon?"
"I guarantee," I said.
"How?"
"Every way but in writing."
"The bum. The fuckin' bum."
"He's all right. He won't talk. Lay off the telephone threats. He's got three kids and a nice wife. He's a nice Italian boy like yourself. He doesn't want to hurt anybody. He's an altar boy."
"Funeral for altar boys." said eloquent Jimmy.
"I guarantee you. What do you want from me? I'm his lawyer. He can't fire me. He hasn't even paid me yet."
"Fuckin' "…said Jimmy.
"Easy does it. He won't talk."
"Fuck..
"I guarantee."
"You guarantee'?"
"I guarantee."
"You better fuckin' guarantee."
"I said I guarantee, and when I say I guarantee. I guarantee."
"Fuckin' well better..
"Right. Jimmy. You got my word. Joe won't talk."
"Fuck."
Joe told me Jack Diamond, disguised as a Boy Scout, came through the bars of his cell one night and stood alongside Joe's bunk as he slept. "It's time to have your ears pierced," Jack said to Joe, and he shoved the blade of his Scout knife into Joe's left ear. Joe's brain leaked out through the hole.
"Help me," Joe yelled. "My ear is leaking." From the next cell somebody yelled, "Shut up, you looney son of a bitch."
But Joe didn't feel he was looney. He told the Bellevue alienist how it was when they wanted to know why he hid food under the bedclothes.
"That was for Legs Diamond. If he wants a bite to eat and I got nothing, that's trouble."
"Did it occur to you that the food would rot and give off a stench?"
"Rotten. it doesn't really matter. It's the offer that counts."
"Why did you cover your head with the blanket?"
"I wanted to be alone."
"But you were alone."
"I didn't want visitors."
"The blanket kept them away?"
"No, I could see them through the blanket. But it was better than nothing."
"Why did you hide the spoon?"
"So my visitors would have something to eat with."
"Then why did you scratch at the concrete floor with it?"
"I wanted to dig a place to hide so the visitors couldn't find me."
"How did you tear up your fingers?"
"When they took my spoon away."
"You dug at the concrete with your fingers?"
"I knew it'd take a long time; the nails'd have to grow back before I could dig again."
"Who visited you?"
"Diamond came every night. Herman Zuckman came, cut up the middle and half a dozen iron bars inside him, and wire wrapped around his stomach to keep the bars from falling out. He dripped muck and seaweed all over. 'What did you do wrong, Herman?' I said to him.
" 'Jew people have a tough life,' " he said.
"And I told him, 'You think it's easy being Italian?' "
"Any other visitors?"
"Walter Rudolph came in to cheer me up and I saw daylight through his bullet holes."
The night the dead fish leaped out of Herman's tuxedo Joe finally won his straitjacket.
The judge ordered the acquittal of Filetti after four days of trial, saying that the state had utterly failed to prove its case. Jack, still a fugitive, was never mentioned during the trial. Of the fifteen witnesses who testified, not one claimed to have seen Filetti actually shoot anybody. Joe Vignola, who was described as the state's most important witness, said he was dozing in another room when the shooting broke out and he saw nothing. His speech was incoherent most of the time.