Massachusetts, A-B, 1834-1988, Undated

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EAST CAMBRIDUE JAIL.

a:
; Bedding af Lett, with Ping stett, aeniaied Jel Entreace sad Office. The Wing ‘at the Right, with the — Windows is That in

— J t

Wich tee Eason ‘Teak Mare.

ot mnmet

' religh. the. food ‘being served from. the |
| Jailer's, lable. .

| peeite the scaffold andwas-then vistied Owing to the fact that the daughters, rested. When taken to the police sta-

“tS Chaplain ‘Walker, who administered /
: Feligious  consolation.- .

. Sherif Cushing arrived. _at £15 and:
was soot in consultation with Capt |

Patrbairol.and kis deputies. ‘AN

| baring a millinery. shop in ‘the village, murder, and {hat he had been spending

a

the. other being a. bookkeeper: for a “The police “(6a Bec (Fthur
Sulloway’s place-in Stow. “He was ar-

TT

were thus engaged during the day,. the i i bee: at Maynard and searched, one of'

; the officers pulled off his rubber boots. !,
; father spent: eget Me his time around., 5 Two recetpted coal bills belonging to:
the farm atone e house sets back @ the murdered man fell on the floor, and ;

few f6e€ from the’road. “At that time | about $7 in money was also found. al

| ae was snow on the ground, one the | Barnes told the o
4 . prec B ey” ft £ & the-roat near ~

wenting the official paliorm. doxtbie T Dean's house.
brea nek—fromk with” £59 the-hause and-the bari stort stance | - Evidence’ against Barnes pia citi
2s, Pin karey—ht ckRat, away. ’ —rraptdly, and on Dec 18 he was arraigned | -

“WIth” biacte resetis *nd_gie bortos ont
the Teft side.

The. careicss demzanor that Barnes
bas mainiaired eurisg the last few days ©
is now ar apeaban te oy his confession.
With bie mics: rhus free, he has-indesi
been “opreparar io die.” as “stated by
Dh2pizin Walker. “

The confession is in writing, and. will |
be given oat -aiter Barnes’ death “by :
Capi FPrirwire

“I kKilietd Jahn Trare’ is the mest im-*

“portant thirg tn ie. Details of the crime. |

are jacking Secaner of Mernde: elective 3]
memory.

"STORY OF BARRES’ CRIME.
Murdered Joha Deze of Maynard ia a’

Brutal Manner, and Was Caught With -

t rg he -for Barnes appéaled to Gov Woleatt for:
ae mae rennin EE had | nd when ge r tante they Dp WwW

the: -marecred - mam: WD, “Ont Fe $

harman pov Bap Meg ‘Three.
of tts danghiers iyed with hima, . One:

" through 10 the kitchett she found lying Barnes was not: insane: that he was

{and bw demghrers said hé imust heck Barnes’ lawyers then applied to ‘the
:{had-ar least 370 in hie Pockets. ‘when. he iS supreme court for.a writ of.error in. the}.

During -the afternoan he ‘was seen by ‘in the Concord district court, and held i

passing rwithout ball for examination. Dec 29, “-
people: aieap «tbe reed sawing _ A continuance, was granted until Jan |}
wood near. the.buvise, and'some'time be- im, 18$7, and._on that date Barnes was ex--;
tween f and 5 o'clock Simon Goldberg>' gmjned and held for the grand jury. :
&@ junk: dealer, who at that time Was. This aor sound an: ee the ward mur- |
; hauling ratiroad sleepers from Maynard ; Wer against arnes at the-February .
40 South Acton, saw hin going from the | aariy Ras hig trial came up ip Lowell :
i barm tc the house with a milk can ‘tn |; |. The trial lasted five days and resulted.
his hand. He bad been out milking, and; ! ne! a Yardlot of ae a ne first garres :
kno thac after two hours’ deliberation. arnee }:
! he‘ oe Geka teen pee ~~ is the-jast time .| t took the verdict very coolly. ‘
big Barnes’ defense .by his counsel was
Just before § o'clock’ that night, | j-that of mental irresponsibility. The ef-+7-
Hcens _Eltzabeus Dean, returning from ' fort to ne, how-
Village, entered the. 4k was re tathe ck Pag a tryed
: . of Drs Utle elly, Gorton, Cowles an
"honse by the front door, ‘and passing | Benner, all’ of Whom: declared that:

between the stove and the door the capable of distinguishing between what
body. of ber father, the face and head was right and what was wrong. —

cotered with blood. His head was terrt- 3 Counsel for Barnes at once filed. ex-
‘bly mutitated, and standing Ayu nee she | iceptions. These exceptions were argued
wall was an.2" covered wi : before the euprneie. court ifHosion-and.
\ Take and a tchfork stood ebruary counsel

Mj to t a.cammutation of the senfence on t

age sha ge eee

and {| spoastble,

‘ ome of ‘her sister, Mrs Geo. | The governor appointed a poenmitichicn

ae a a py od, cimtance away, Mr: to-éxamine Barnes, and at a hearin rf
j White man say house and ‘before the governor and council,-¥eb 1

‘Word was ' the commission. presented: a- report. that,

Phen Bes:s _ Barnes was-s304 and reaponsible-and 2}

week” later the executive council: voted +

er nedt: not tQ:.grant.the-petition, and«the goy>t

Hes ~ found } iernor. therefore declined to.- ‘commute |

be], the sentence.”

bic;

iS

' cas¢, upon the ground that. an error tn
Officers of the state Police . arrived in ; Jaw is apparent upon the Judicial record ‘1
to work on. the: of “the ‘case, warranting a reversal of tha :
he blood in! | conviction and judgment,

renzs seen penne | { promptly appésied: to the ful Benes a a “A
en the , direction, wd the Dean house! the supreme court on le thy “but the 4

"about 3 o'clock au the n of. the. court denied the appeal the same day, [
. : ae |

June


we at
MARLBORO, March 2—Mrs Couke, the +
sister of Lorenzo W: Barnes, convicted
{of murdering John Deane.of Maynard,
tonight admitted that. Barnes had con-
fessed the crime. wos :
It was reported several days ago that
’Burnes had confessed to ‘the juil ‘of-
ficlals,"but they guarded the -secret-well.
“Pen “Barnes . became © restless,. and:
asked them to.send for hig sister,.Mrs
, Cooke of Marlboro. Shé visited him at
the jail in Cambridge Wednesday morn-
ing, and there, In-her presence, he re-_
‘peated ‘the confession he.‘had made’ to |
the captain and the chaplain. © ° ‘
“He did not say much about it,” said |
‘Mrs Cooke. . ‘He merely repeated what
he had told Capt Fairbairn and the
chaplain several days before, and ‘did
not go into-detajls.",  **

_ Unless: something unforeseen happens,
Lorenzo W. Barnes will have paid the:
death penalty’ on the. scaffold jn ‘East:
Cambridge jail before 10 o'clock this
forenoon. ;
Other than human agency must inter-
vene to prevent his execution, Execu-
tive clemency has been asked and has
been .refused:*-The”aupreme court: has
Misallowed the last petition of Barnes’
counsel on :polrits af law. Sheriff’ Cush-
ing and hig deputies have completed the
arrangements for the. duties assigned

but to conduct the’ prisoner. to the scaf-
fold at the appol

ree,

hrough:a:similar or-

—

} Cushing, and. there will the chaplain, ad- {

“easterly wall look out upon the Jail

. on the opposite side help to cheer a yis-

88 surely as the mechanisin’ ofthe exe-
“human -agency:.to set: it: in .motion be :

‘them. by: Jaw;.and-nothing-now-remains} "TO alt i
Eth. Fda We And-Hothing-n ema Re-calinest man of the many who will

‘the. bhought, that..they+are to take-a

‘| welghed™ upon them: and, produced an
‘{ Unwonted gravity: of: demeanor, “Bames
Pitay Hit on eatin And: siteping: talking
Le ann Raid hee | and: B. as if’ ng ‘suca thing ag a-
fMicers concerned” have day pt execution were at hand. peace
n. to look for any} g
URL eA yet fs prepared to Wer...

de

~

the cell nearly opposite the gallows
Barnes will be led at an early hour thig
mor.iing, and.then the warrant for his
execution will be read to h{m by. Sheriff

minister to him his last spiritual. con-
Solation, : : :

“The condemned man will not see the
scaffold as he is led to the cell, for it has
been screened from sight, and unless he
cares to look upon the fatal framework
from the well door he need not gee rt
untll he is led forth to step upon the
trap.: Es : oye

His present cell being in the west cor-
ridor he has been spared even the sound
of the-erection of the scaffold,-and this}
and all other proceedings have been in
the line of mercy to the prisoner, and
of humanity {n making the execution as
void of horror us is possible. i: *
. The scaffold” stands in _precisely’ the
Same position «#s when Nowlin was
banged on it JU years ago, The-corrigor
is not at any time a eheerful place,-gnd | .
it Is Jess so than ever now. that the
seaffold stands grim. and deathly look-’
ing atits end. The high windows In the.

awe ee

yard and the rid abe of the house of
correction, but the light: they shed is
not.a-cheerful one, nor do the iron-
barred doors of tiers of cells which rise

itor, .

Sheriff Cushing has no love ‘for tha
work of execution which devolves upan
him, but he -hus.the nerve to ‘carry It,
out Bteadily and ‘unfiinchingly, and just’

¢

cution is perfect, just ‘so surely will the
not found wanting. ; i |
Ang the man to whom. all-these prepa-

retlons mean death? : : Scare ie
front ee ppesrances he is much.}-

ve to do with his execution, ..
Wile the-detalls of their work and

heman ‘life; even thoiigh legally, havo

“Is ‘At: because he: does. not realize his
oom Tralizes it and

_Rev Robert Walker; chaplain at the |’
Jall,-who--has-been:his gpir'tual adviser.
says the, Jatter.. ie: 8ays: Barnes. is
réadyto. die, and that he will- meet. his

ath Uke'a man,”

- s

>

4s

7 BOO rt ett ». Me Re PEA fe De ny TREE FY
IWAE by PPeege DNL RT ata ede Py et: Hoty ere Mima Forth | Wh Le Ry PTO PSN MN ELS
OLS cites aie ae ARE sel Mees ue TARYN ore Liar pas "ho ae Benet : : Ri
. ‘ r
: * °

fi 7 vas ep cit Poe x oo ee HUSEES 3 od
* OE Txt A a ttm ey to Abas shed Si te ny) Mrmntie ts 5 V0" OX LONE BBS HAN Ry 7 £500 Se if etwas ve ‘pied: x a2:
ETT eS EN Fer Te ED EL GMCS SME TNE te gate en Omen

+ tee

* ne . .
rome ce a
oe

ne

-qH1in--ROSTON-UTOBE= ERIDAY. MARCH 4, ‘1808

CONFESSES: His CRIME,

Lorena W. Barnes aii
- Murder of John Deane,

will Pay Penalty This Morning in|
East Cambridge Jail—Message
to His Mother That . He is at
Peace. With. God: he

| With
i

' a tom ——s
a s = —
|. = =e |

CAMEL PEL ge
NG

a.
+
\ .
Landes
py SSG
SPER axe
SSIES SSS
=——_
———— 2

G yy Vile CORRIDOR.
dG ff, YY IN WHICH THE . (|
EXECUTION WILL TAKE. PLA ‘Ce i


Pete = tee 4
! Capt Palrb:trn, Concurs wiih the chap- |
‘Jain tn his~belje's that Barnes will not |
break down, and Says further that he has !
been a mode] Prisoner y Alle Comined tn |

AO rte, an
Barneg’ Charactersig Summed up by
the chaplain when he SQ¥8 that he Ig «
sImple-minded man, Shnple jn his modeg |
or thought and jn his "ay of ¢Xpressing
himselr; not -du)} hy hy means, and
vet not Over bright; harmless and not ;

Nes wil] NOt Seo 41Y Of his fami]y

: * ds and hag net}

heen Hse te; Visit: pi for some time |
&": HIS sist, mh lat }

We Mesday, “The leave-taking ‘between !

them was a patntul” one, and yer the |

ASlsterty Brief Was Ughtaneg by the calm |

“OSU NCE Of the brother that he was
TEALY to Ue, phe family WHI be repre.
BON eg at th cuden, OUrh not by.
an IMMudla tyes relative xe

Toda he Testamen Whieh
Barnes has heen inthe habit of eading
Will he dcliverey At his reguest. to 1g

a

Mother, 74 Will be a “me
ine L 3 -Of encou @Bement in her great.
al, :

“Among Other. penned on’ the. leat }
Aare: 's. ". Owing. to the. rumors
of CON fession that haye
6

|
aim a Placa With Gog and Know he |
hag forgiven 1, and | die believing you |
have, too," : :

: : . ~
Vestertiy Allorney O'Nej i
Barnes fora few.

? . a
“3 Was's)j, "I bY tha Isoney
has been in rh habie®, Be pals “hi
Z .

eC .* ich re
uted was fhe murdep of.
Maynard. ‘Dec 14 1896. Cohn

com fortanh ho
Late oy t


74

“The last time I saw him was in Hud-
son on Wednesday, August 6,” she de-
clared, and that, apparently, was the last
time he had been seen by anyone in the
vicinity of Stow. The chief was unable
to find anyone who could shed any light
on his past history.

Then George W. Edson, who lives near
the Stefanovicz farm, came forward with
a tip.

“Joe used my telephone several times
to call up some woman in New Hamp-
shire,” Edson told Chief Larsen. “T think
it was Portsmouth he called.”

State Detectives Edward J. Sherlock
and Edward P, O’Neill learned that in
the Granite State city Stefanosky had
been kAown as Groboski and had been
employed on the farm of Charles Badger.
He had been convicted of the larceny of
fowl on July 10, 1923, and had served a
jail sentence for the offense. In 1924, he
had served a further sentence of two
months for the illegal possession of liq-
uor. This was all the criminal record he
had in New Hampshire, so far as these
sleuths were able to learn.

ITH no clue, Larsen sought to es-
tablish the identity of the Ports-
mouth woman with whom Joe had been
in communication. The farm hand was a
man of mystery. He couldn’t get a line
on any friends or relatives in whom he
might confide. He was presumably sup-
plied with funds from the sale of cattle
and illegal collections and had possibly
left the country.

“I still believe that sooner or later his
pockmarked features will betray him,”
declared the chief. ‘““That is now seem-
ingly our only hope; that and the fact
that he is a hard drinker.”

Then it broke.

Shortly before noon on Tuesday, Au-
gust 12, a man entered the hardware
store of Harry L. Levy on Stuart street,
Boston, As Mr. Levy came forward to
wait on him, he realized that there was
something vaguely familiar about his po-
tential customer. Sub-consciously, too,
he sensed that it was something unpleas-
ant — disturbing. “Where and under
what circumstances had he seen that man
before?”

“J came in to see you about selling a
mowing machine,” announced the mys-
tery man, as he shuffled along the counter.

“4 mowing machine.” That associated
the man with a farm. Levy’s brows knit-
ted. He was struggling to get the con-
nection. Suddenly he knew.

The man had ceased his ambling walk

and had paused directly in front of Mr.
Levy. The merchant was looking into a
pockmarked face. -
This then was the man whose picture
he had seen in a morning paper. The man
wanted in connection with the mysteri-
ous murder of the couple on the Stow
farm. \

American Detective

Mr. Levy was shrewd and diplomatic.
He concealed his agitation and detained
the man with an ingenious story, while
he got to a telephone and communicated
with Sergeant Leo Hoban at the Lagrange
street police station.

“That man, Stefanosky, that you're
looking for—the suspect in the Stow
murder—he’s in my store right now, this
minute,” he said. “Levy, Stuart street.”

Sergeant Hoban rushed Patrolmen
Thomas E. Lanagan and Joseph H. Brad-
ley to the Levy store. Stefanofsky was
still standing at the counter.

“Your name is Joe Stefanosky, isn’t

it?” asked Lanagan.

“Sure,” replied the suspect, indiffer-
ently.

‘And you've been working on a farm
at Stow,” suggested Bradley.

“Certainly, I have. What of it?”

The man’s nonchalance surprised the
officers. They were prepared for denials
and possible resistance. “Well, you know
your employer has disappeared and
they’ve been searching for him, don’t
you?” said Lanagan, casually.

“No. I don’t know that. He’s in Chi-

ago.” ,

“Well, we'll have to ask you to take a
little walk. The captain wants to talk to
you.” They tapped him suggestively but
found no weapon. They brought him to
the police station.

A search there revealed an automo-

* bile registration paper issued to Wincenty

Stefanovicz and also an operator’s license
inscribed with the name of the murdered
farmer.

“Where did you get these?”

VTRHE prisoner was wholly at ease.
‘1 “Why,” he explained, glibly, “the old
man go to Chicago and he give me the
papers so I run his car, while he is gone.”

News of the arrest of the suspect was
at once broadcast to police officials. Cap-
tain Thomas E. Bligh, head of the State
Detective force, and famous for his abil-
ity to get confessions, was among those
notified that Stefanosky had been taken
to the East Cambridge Court House and

he hurried over there. In a few minutes -

Chief of Police Larsen arrived with Pa-
trolman George Wetherbee of Stow.
State Detectives Sherlock and O’Neill
returned from Porthsmouth, N. H., on
learning of the arrest.

Assistant District Attorney Frank G.

Volpe assisted the officers in the grilling

that ensued. Stefanosky was not told that
the bodies of the victims had been recov-
ered. He was plied with questions, which
so far as any outward manifestation

went, did not affect his composure. He ©

answered unhesitatingly and was in no
way embarrassed.

The Stefanoviczs were in Chicago and
he had a letter at the farm which would

prove it.

The inquisitors led him on and he was
soon entrapped in what they knew to be
a hopeless entanglement of falsehood.

Finally, one of the interrogators said,
mildly: “Now, Joe, how can your em-
ployers be in Chicago, when we have just
found their bodies buried on the farm?”

“J can’t tell. All 1 know is, they’re in
Chicago.”

6 Ieee grilling persisted. Joe admitted
that he had cashed a check for
$160, due to his employer from a dairy
firm. His endorsement was a cross—his
mark.

“You sold some cows, too, didn’t you,
Joe?”

“Sure J did.” He went on to explain
that six of them were replevied by the
original owners for non-payment. From
the proceeds of those he had sold, he had
paid a grain bill of $40. Then he had gone
away “for a good time.”

In a further inquiry into his finances,
Joe said that a year ago he had realized
$1,000 on an endowment policy at the
office of the Metropolitan Life Insurance

Company at Framingham. He had sent.

$200 to relatives in Poland. “I’m saving
$800,” he concluded, naively.

“That isn’t by any possibility the $800

you received from the sale of cattle is it,

Joe?”
“No, it isn’t,” retorted the suspect,
sharply. “The old man owes me $200 for

. wages and he gave my job to Charlie

George, the Greek.”

“And that made you sore, didn’t it,
Joe?”

“Yes; it did.”

For more than eight hours, the farm
hand was subjected to the rapid fire cross-
examination known as “the third de-
gree.” The story of the crime was told
to him dramatically in a graphic picture.
The old farmer lured into the woods and
treacherously struck down from behind;
the brutal attack on his wife; the burial
in the desolate spot in the dead of
night with the murderer staying on at
the farm to divert suspicion. The faith-
ful collie, mourning the loss of his mas-
ter, and trying the best he could in his
poor dumb way to point the way to his
grave, ruthlessly slain by a fiend because
of that fidelity.

To all of this recital Joe remained ada-
mant. He sat at a table in the district
attorney’s office calmly smoking a cigar-
ette. The relentless questioning con-
tinued. Joe tossed his cigarette on the
floor and stamped it out.

“ll tell you what happened if you
want to know,” he said, carelessly. “John
Staves killed them people and I saw him
do it, but he threatened to kill me if I
told.”

It will be recalled that Staves and
George had been hired by Joe after the
disappearance of the murdered couple,

but little inconsistencies like that didn’t ©

-


oe

72

the experienced eye of the undertaker.
The mystery of the couple’s disappear-
ance had been solved.

“Go back to the house and tell Chief
Larsen quietly that there’s no doubt
they’re here,” he directed the boy.

Larsen and several officers hurried to
the spot, the crowd close on their heels,
women with cameras pressing for van-
tage points. While the police held back
the van, Twombly proceeded to dig up
the bodies.

Both corpses, buried in one shallow
grave, were in a terrible state of putre-
faction. Standing several feet away, the
effluvia to me was nauseating. Only a
few ir hes of soil covered the bodies and
they had lain there, partially exposed,
under the hot summer sun since June Ist.

The faces of neither were recognizable,
but on the left side of the man was the
scar described by Vincent Skirton. It
was a positive means of identification.

Mrs. Stacia Stefanovicz, who was 63
years old, weighed about 175 pounds.
She wore no jewelry, not even a wedding
ring. She was dressed in a black gown, a
grey knitted garment and a union suit
of underclothing. Her hair was still
neatly arranged and she was resting on
her right side. When later, Mr. Twombly
attempted to remove her clothing, the
skin came with it.

Mr. Stefanovicz was a powerfully
built man. weighing approximately 250
pounds. He was 57 years old. He, too,
wore a union suit, and his usual working

clothes; rough shoes and a brown felt
hat.

EDICAL EXAMINER CLYDE H.

MERRILL of Marlboro viewed

the bodies and ordered them removed to

Twombly’s undertaking parlors at May-

nard, where he at once conducted an au-
topsy.

“The man and the woman were bru-
tally murdered,” he announced in his
official finding. ‘Both heads were crushed
by some heavy instrument, probably an
axe. The woman was killed by blows on
the left side of her head and across the
face. The man was murdered by blows
on the back of the head and across the
eyes and nose. Compound fractures are
apparent on both bodies.”

It was apparent that the murdered
couple had been interred hurriedly. The
ground in the woods was hard and the
digging difficult. The murderer was ap-
parently satisfied to merely screen his
victims from view. In fact he had not
completely effected this result. I dis-
tinctly saw the protruding elbow and
shoe described by the boy to Twombly.

It was a gruesome spectacle when the
remains covered with a piece of old
canvas were loaded into an old farm
wagon and the motley procession of
morbid sightseers trailed the cart path
back to the farmhouse.

American Detective
s

Larsen began an attempt to visualize
the murder and in the attempt to recon-
struct the crime various theories were
advanced. ‘““The fact that the bodies were
found fully half a mile from the house
indicates to me that the pair were in-
veigled into the woods and slain there,”
he said. «

This statement appeared reasonable as
all conveyances in the barn were found
to be without blood-stains. There was

-nothing to show that any of them had

been used to draw the bodies into the
woods. Twombly, though had a different
idea and he advanced an ingenious theory
to Chief Larsen.

Y~™“HE undertaker was insistent that the

1 woman had been murdered in the
house; first, of course, because of the
bloodstains in the room where she had
slept and second, because, owing to. the
construction of the house, it was the
room to which she would naturally re-
treat if pursued. Having reached this
room, she could go no farther.

“It is apparent to me,” said Twombly,
“from the position in which I found the
bodies lying, that the man was mur-
dered practically on the spot and the wo-
man slain elsewhere and carried there.
Everything points to the fact that the
bodies were planted at different times.
The man was lying face down; his head
resting down hill. The woman’s position
was reversed; her head resting up hill.
Her body was dragged in from the other
end of the grave—the lower side. Had
the couple been killed at the same place,
the murderer would not have taken the
pains to carry the body of the woman all

the way around the grave to bury her.” .

As we stood at the double grave and
heard Twombly’s theory, it seemed ten-
able, but as Larsen pointed out, it seemed
improbable that the murderer could have
dragged the woman’s body half a mile
or more and we felt certain that none of
the farm wagons had been utilized for
that purpose.

That the woman had been slain’ to
cover the murder of the husband was
probable, but where she was murdered
was still debatable,

The identity of the slayer, also, was
yet to be determined. Joe Stefanosky was
missing and with him the money which
he had collected in various ways, appar-
ently without authority; but no murder
warrant had been issued against him and
there was hardly sufficient evidence to
justify a charge of that kind. Larsen was
quite anxious to question him, however,
and a warrant was sworn out Charging
him with <a lesser offense, the gist of
which was irregularities in connection
with the handling of money at the farm.
He was also apparently guilty of forgery.

The men Joe had hired — Charlie
George and John Staves — had been
grilled many times by Chief Larsen, but

they had never figured as suspects. They
had come to the farm some time after
the disappearance of the owners. Noth-
ing had occurred to make them suspicious
of Joe’s story that they had gone to Chi-
cago, they told Larsen.

7TRHE first shred of circumstantial evi-

dence, placing Joe anywhere in the
vicinity of the spot where the double
murders might have been perpetrated,
was furnished by a man named Axel Ber-
ger, a West Concord milkman. His story
to Larsen was as follows:

“T guess I] was the last person with the
exception of the murderer to see Mr.
Stefanovicz alive,” he said. “He was a
friend of mine and I talked with him in
West Acton the’ last day of May. If he
had contemplated going away so soon I’m
certain he would have told me. I think

Joe killed him.

“A few days after talking with Win,
I went over to Stow to see him on a mat-
ter of business. There didn’t seem to be
anyone at home. I knocked on the doors,
shouted in ‘the barn and fooled around
awhile and was just about to leave, when
I saw Joe coming up the road at the side
of the house. That’s the road, you know,
that leads to the place where the bodies
were found. He told me that Win and his
wife had gone to Chicago and he didn’t
know when they would be back. By the
way, I don’t know what Joe’s right name
is, but I don’t think it is Stefanosky. I
think he took that name because it
sounded like Win’s.”

Larsen redoubled his efforts to locate
Joe. His description was broadcast
throughout New England. He was de-
scribed as 37 years old; five feet, eight
inches tall; slightly bald and with a sal-
low complexion. He had one distinctive
feature. He was pockmarked.

Among the crowd that infested the
Stow farm during the search for the
bodies, was a girl from Hudson. She was
alert for news and asked numerous ques-
tions. Twombly, noticing her persistent
interest, interrogated her. It developed
that she and Joe were friends. They had
their pictures taken together—a snap
shot. She flashed it to support her state-
ment and Twombly lost no time in se-
curing the negative. He turned it over
to Larsen and the chief gave it out to
reporters and it was published in the Bos-
ton papers.

After notifying police circles in prac-
tically every city and town in New Eng-
land, Larsen started to check Joe’s ante-
cedents in the hope of uncovering a lead.
He went around to the girl’s home to see
-what he could pick up there. The girl,
however, could supply little information.
From what she did know, however, it
appeared that the missing farm hand was
a “drifter”; here today and gone tomor-
row.

Ba,

EX I
sin
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and car
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and lif:

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- |

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* — kT tact, al
ite Oe Lear

i

District Attorney War-
ren L. Bishop (left) is
co-author of this chill-
ing tale of double mur-
der in the Bay State.

By DISTRICT ATTORNEY

WARREN L. BISHOP
Middlesex County, Mass.

AS TOLD TO BUD MARTIN

of the locusts and from a lonely cow that bawled from

some distant, parched pasture. Even the great elms were
stilled in the noonday heat, as if some grim secret, too horrible
to be repeated, had silenced the leaves which had whispered
to the old farmhouse for generations.

A car drove into the yard and stopped in a cloud of dust.
Two men alighted and stood staring at the vacant, dead-eyed
windows. The taller of the two wiped perspiration from his
brow. “Well, we might as well go in and have a look around,”
he said. He was Warren Twombley, undertaker, of Maynard,
Massachusetts.

His companion shrugged and followed. His name was Vin-

Tor ONLY SOUNDS were from the metallic castanets

cent Skirton and he was employed in a rubber factory in
nearby Hudson. He was the nephew of the owner of the farm,

William Stefanovicz, cultured, well-to-do Polish-American of :

sixty-five.

The front door opened easily and the two men found then- fe

selves in a narrow hallway with stairs leading to the floor
above. Twombley opened a door to his left and entered a large
combination living and dining room.

Dust was everywhere. It was evident that no woman's!

hand had been at work here for months.

Twombley spied a blue suit-coat hanging over a chair back
He noted that it was well pressed in spite of the dust tha

had settled across the shoulders and neck.
“Whose coat is that?’ he asked Skirton.
“Belongs to Uncle Bill’s best suit,” was the reply.

In a closet in the south wall Twombley found more articles &

of men’s wearing apparel. There were a vest and trousers
matching the suit-coat and two pairs of black shoes, one of
them almost new. :
Twombley’s brow puckered. “Looks like your uncle must
have gone to Chicago in his work clothes,” he observed with
some sarcasm.
Skirton said nothing.

The kitchen was a mess. Dirty dishes stood on. the table §
Evidently a man had just completed a solitary meal. Ina?

corner near the shed door leaned a rusty double-barreled

shotgun, 12-gauge. Twombley broke it and peered through F

the barrels. Both contained grains of burned powder.

“Show me the bedroom,” Twombley suggested.

The large corner bedroom at the head of the stairs looked
as if a cyclone had struck it—or as if thieves had been at
work, ,

“Where is the bed?” Twombley asked, amazed.

Skirton’s eyes were wide. “They had two beds,” he whis-
pered. ;

But there was no bed in the room now!

A HOUSE OF MYSTERY...TWO VANISHED PERSONS...

‘
Y

i

debe

y— ALY
/ Ne ( CAaAXKKAKA

William and
the spacious
been gone {i
inquiries. Sox

The dresser <i
closed by some:
noted that the «

The closet dc
coats, hats and «
In strange conti
rags, such as co
patch-work qui!
contents strewn
Twombley star:
of the rags asi:

He stifled an «
the floor.

Mop marks !
up a puddle fro:
bley was very :
of blood!

“Come!” He
the police!”

“Police?” Ski
followed him cd

ERGEANT
at the Conc
lice and grinned
taker of Mayn:
with me,” he s;
Instantly the
out the door.
“This is Vin
Stefanoviez wh

AND /


76

trouble Joe. He merely waved them away
and stuck stolidly to his story.

Captain Bligh became disgusted. “Now
Joe, stop shooting that stuff and come
across. We know you killed them. You
did, didn’t you?”

Joe grinned. “Sure I killed them.”

“All right. Now go ahead and give us
the low down; why you did it and how
you did it.”

Miss Dorothy F. Brissett, a stenog-
rapher, was called in and took down the
following story:

“About 11 o’clock Sunday morning,
June 1, I told the old man there was a
sick cow down in the woods and he had
better come down with me and look her
over. We walked along the road through
the pasture for about half a mile till we
got to the woods; then I led him off the
road a few feet. I had a birch club about
four feet long and as he was looking
around for the cow, I stepped in close
behind him and let him have it.

“ E was a big fellow, you know, and
it took a good deal to knock him

out. The club I hit him with was about as
thick as my wrist though and I struck
as hard as I could. He screamed and stag-
gered about. I pounded him and he final-
ly fell, face down. It was easy after that.
I just walked up and beat him to death.
“The old man’s wife heard him yelling
for help and while I was finishing him,

American Detective

I heard her coming along the road. When
she saw the blood pouring out of his
head, she threw herself on him and be-
gan to cry. I hit her a clip that crushed
her skull and then I beat her till she laid
still.

“T killed the big dog, too. I was afraid
he would lead someone to the bodies. He
knew where they were.

“ A FTER I was sure the old man and
CX his wife were dead, I lit a cigarette
and strolled back to the house to get a

shovel to dig a grave for them. I dumped *

them in and covered them with what dirt
I had and threw some brush on top of
them.”

The cold-blooded recital amazed the
detectives and officers. The prisoner was
lodged in a cell and within an hour was
fast asleep. He did not awaken until
aroused the next morning. He ate a good
breakfast and was arraigned before Judge
Edward B. Caiger in the District court
at Concord.

Clerk of Court Edward F. Loughlin
read the charge of double murder.

’ “Guilty,” said Joe calmly.

On September 4, the Grand Jury in-
dicted him for murder in the first de-
gree, the punishment for which is man-
datory in Massachusetts—death by elec-
trocution.

What was the motive for this atrocious

crime?

Joe was illiterate. He came to America
from Poland about 18 years ago. Having
no knowledge of the laws regarding the
sale of realty, he thought that by killing
his employers he could merely assume
possession of the farm and no one would
question his title. He was infatuated
with a widow in New Hampshire and
wanted to provide a home for her.

On August 17, there was a line-up of
prisoners at the East Cambridge jail. A
young woman was admitted. She was at-
tractively gowned in a suit that set off
her well-rounded figure. For an instant
she gazed about the room, then she moved
slowly along the line awaiting her inspec-
tion.

HEN she came to the man known

as Joe Stefanosky, she stopped sud-
denly and peered into his face. A grim,
contemptuous glance swept him from
head to foot.

“You devil!” she exclaimed.

“J don’t know you. I never saw you
before,” retorted Joe.

But Mrs. Alice Belaski knew by the
look in the snaky eyes that he had recog-
nized her. ‘‘I’m sorry to say that the fiend
is my husband, Joe Belaski,” she told the
officers. “He deserted me in Lynn, ten
years ago.”

A jury in the Superior court of Middle-
sex County found Belaski guilty of first
degree murder on November 16, 1930.

The Clue of the Artificial Hand

Had we been gifted with some occult
power of interprétation, our car then
would have been hurtling toward Van-
acres.

The following Sunday afternoon, W.
R. Murray, who lived near the Van
Hoose estate, returned a light trailer he
had borrowed from his wealthy neigh-
bor. desiring to thank Van Hoose, Mur-
ray pushed on the bell button at the
front door. There was no answer, even
to repeated ringing of the bell.

Murray considered that strange, be-
cause Van Hoose’s coupe was parked in
the drive. at the side entrance to the
house.

The next morning Murray returned to
the estate. The car still was in the drive-
way. There was no answer then to Mur-
ray’s pressure on the bell button. After
some time he located R. L. Dean, an em-
ployee on the estate. Dean saw something
that caused him to dash for a telephone.

There was a bullet hole in the left door
of the Van Hoose coupe!

Dean called George Beimdiek, Van
Hoose’s partner in the B-V Realty Com.
pany at Carthage. Beimdiek, accompa-
nied by his nephew, Gerald Beimdiek, R.
T. Chunn and Roe Montgomery, hurried

(Continued from page 25)

to Vanacres. The younger Beimdiek
forced a window and climbed into the
house.

Forty minutes later I was standing
over the body of Jasper County’s wealthi-
est citizen. B. L. Van Hoose had been
murdered.

The capitalist’s body lay stretched out
on the hardwood floor in the large recep-
tion room, just inside the driveway en-
trance. As if drawn by a magnet, my
eyés rested upon the upturned palm of
Van Hoose’s right hand. There was a
dull gleam of gold.

With some difficulty, I raised the stiff-
ened arm.

Glittering like some evil eye, that dia-
mond seemed to be casting jeering asper-
sions on my ability to solve this crime.
That the murderer had not taken the
$4,000 ring was almost as startling to
me as the murder.

Aided by Frank R. Birkhead, Assistant
County Prosecutor, who had accompa-
nied me on the 4-mile dash from Car-
thage, my investigation got under way.

Van Hoose had been shot twice. I
determined that the weapon was of .32
caliber, presumably a revolver. The bul-
lets were steel-jacketed. One had struck

the millionaire in the left shoulder, shat-
tering the bone. The other had hit him
in his right chest, passing through the
spine. i

Embedded in the wood paneling on the
wall opposite the entrance was a bullet
of that type. Another was found in the
wood standard of a clothing rack.

Outside of the body, there were no
signs of violence in the room. The door
was closed and locked as were the doors
and windows all over the house. The
window glasses were intact. Van Hoose’s
.38 caliber revolver lay by his right side.
One cartridge had been fired.

The electric lights in the reception
room and in two other first-floor rooms
were on when the men had burst into the
house.

Desperately I tried to fit these facts
into some semblance of a theory. Motive
and method seemed equally vague. It was
not until I learned of the bullet hole in
the coupe that I was able to determine
how Van Hoose had been slain.

A lead bullet was found on the floor of
the car. Although battered, it was evi-
dent that it was of .38 caliber. I imme-
diately assumed that it had been fired
from the dead man’s revolver.

AD
THE

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New

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fessor

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110 W


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f

BELLINO and GERSTEN, white

s, elec. Mass. (Essex Co.) 5/9/1947...

a eA AES. abe abt Enel tl i i at acaunllt

Medical science and police persistency cracked this gangster “hush”

STEADY’ stream of traffic
hummed over the Lynnway
Boulevard in Lynn, Massachu-
setts, early on the Saturday
afternoon of August 11th, 1945. It
was a hot, humid day with the tem-
perature soaring past the nineties.
Around 1:45, a youthful figure

dashed madly across the sand flats

near E. M. Loew’s open-air theatre,
and dodged in and out of the way
of drivers on the boulevard to reach

POPC i eres core oes

Pooed
a

Cine of the

the gear works of the General Elec-
tric plant on the other side.

The youth ran to the main gate,
where he gestured wildly to Ser-
geant Ralph Girad of the plant po-
lice. Girad, having observed the
youngster’s hazardous run across
the boulevard and sensing that
something was wrong, hurried out
of his office. a4

“What’s  wrong,: son?” he de-
manded.

“A body!” the youth gasped.

“Over there in the sand flats. I saw

it! I was cutting across the flats to
go swimming in the Saugus River.
It’s a man. His face is buried in the
sand.”

“Don’t go away, son,” Girad cau-
tioned. “I’m going to notify the
police.”

It wasn’t more than five minutes
later when a police cruiser pulled
up at the main gate where Sergeant

iiss pits OP)
i, age Fs m Le *


dips ite
“hush”

ith ” gasped," «
flats. I saw’.
the flats to:

ugus River, *'
uried in the”
Girad ‘cau- 2
notity the ©
ve minutes »

iser’ pulled’!
e Sergeant,

Was: Stanlé
* led the two

LR Si

R SCENE—
All the detectives h
was an unrecognizab]
X) and a vague desi

“DUTCHY” GERTSON—
d story told b
with the Law.

ad to start the case with
e body (found at spot marked
Victim’s arm,

The detaile
gn tattooed on


While Dugan's inspectors moved
off to search the surrounding area
for clues, Doctor Cusick turned the
body over on its back. The victim’s
face didn’t resemble much of any-
thing. Ut had been hammered into
a sickening mask of discolored and
swollen flesh beyond identification.

“Whoever killed this guy cer
tainly had it in for him,” Duggan
said. “I’ve never seen such a vicious
job of murder.”

Doctor Cusick concluded his ex~-
amination of the body. “Although
this man took quite a beating,” he
stated, “it was the bullet in the
back that killed him. He died in-
stantly. A close-range shot, too.
The position of the body proves
without question that he was killed
at this spot. He’s been dead at least
twelve hours.”

The shirt rolled up in a ball was
examined’ There was no bullet hole
in it, but the shirt showed slight
specks of blood. Callahan and Dun-
gan glanced at each other with puz-
zled expressions. Why had the
victim’s shirt been removed before
he was shot? They couldn’t see the
point let. alone what the killer or
killers hoped to accomplish. For all
they knew at the moment, it might
have been a derisive touch with no
meaning at all.

They turned to the body. The
victim was about five feet nine
inches tall with a weight of around
180 pounds. His age appeared to
be that of a man in his late thirties.
What little hair he had possessed
was dark brown. He wore a pair
of brown gabardine trousers, brown
shoes and white socks. In the front
pockets of the trousers, Duggan
found a black comb and a package
of cigarettes. There’ was no money.
And, most important of all, there
_ were no papers or other matter by
-which identification co ld be estab-

ainst“a tough

‘tells me we're up again

“one,” he: said . grimly. “This job
smelis:1i

me.” fies

Look at this,” Duggan exclaimed.

8

s all.” :

~ flung hands. The ‘slain man had two

five-pointed star with sun-like rays
‘each star point.

like a professional killing to —
Tei oer oC te Neo - which paved

‘Maybe it won’t be 50 tough after |

Callahan studied the victim’s out-

DR. WILLIAM J. BRICKLEY—

The report of this Medical Examiner gave the knotty case an entirely
new turn, helped the detectives get started in identifying the victim.

Callahan and Duggan reasoned
that a broadcast of both tattooes
along with a comprehensive de-
scription of the victim might result
in an identification from relatives or
friends. They realized that the en-
tire progress of their investigation
hinged on such a development.

‘Duggan studied the victim’s
hands. They were’ smooth. The
fingernails were clean and clipped
closely. One thing was certain. The
victim was quite a stranger to
manual labor. This was an impor-
tant point which steered Duggan’s
mind to assume that the victim,
considering the nature and circum~
stances of his brutal murder, might

4

have been the -target of gangland’

vengeance. _

less. It was the lack of tire marks

marched across the flats and shot
‘to death after he was beaten bru-
tally about: the face.

“ ‘There’ were no houses in the vi- >
-cinity. The nearest spot was the

open-air theatre and, inasmuch as
“the murder had been committed
around 10 o’clock the night before
while a show was jn progress, it
seemed unlikely that the sound of

_ gunfire could have been heard.

° A car could have parked on the
boulevard without attracting any

_, undue . attention.. “ Further, little

‘ i eke

the- way for the con- _
clusion that, if a car had been used, .
it apparently had been parked on -
the boulevard while the victim was -

significance would be attached to
any one walking across the flats.
The flats weren’t traveled much.
The body could have lain there for
a good many days without being
discovered.

“Well,” Callahan commented, ‘“‘it
all adds up to one thing. This man
was taken for a ride. It has all the
aspects of a gangland murder. I'd
say it was a revenge killing at the
hands of a ruthless mob. And they
made sure we'd be stumped on
identification.” .

“Something is bound to come up,”
Duggan said, beckoning to young

Stanley Davis who was standing at
‘a distance with Sergeant Girad. .

22h The youngster told his story, said
further that the body hadn’t been

scr MMB oe Naan ~ “there on Friday because he p
id heer search for clues proved fruit- ~ i

by the same spot to go swimming in
the Saugus River. :
| Following the removal: of the
body to the W. C. ‘Goodrich Funeral
Home, Essex. County District At-
torney. Hugh A. Cregg arrived with
State Police Detective-Lieutenant
Ray Foley. Cregg, a veteran and
‘prilliant prosecutor, listened with a
thoughtful frown: while Dugg’n
sketched the set-up.

| “In a gangland - slaying,” Cregg
said crisply, “we can look for two
possible motives. Either this man
talked. too much for the safety of
others, or there was a difference of
opinion regarding the possible split
‘of money gained from whatever il-

‘legal enterprise they wey engaged -

‘in, Therefore, it must have been

*
abs
fs
Pa ead

~~ AMD eA

a tee ncn neato

508 Mass. 176 NORTH EASTERN REPORTER
2 ©
’s attitude throughout the trial was one
dant guilty of the crimes judge’s a
i ] SF teietuwats: His conduct aft- of argee ge ot To ih ape ea! ..
tected a e rig :
isappearance of the deceased persons,
nis siedca tees statements, his flight and no error in the conduct nt the trial
his confession of the crime, all pointed to his Judgment on the verdicts,

guilt.

26. In his closing argument to the jury oy
defendant’s counsel stated that the congo"
ant’s history showed that he had fallen ~
received a head laceration. The district os
torney, thereupon, directed the attention “ on as.
the judge to the fact that the ee CHASE V. UNION NAT. BANK OF LOW
history was not in moe nie ae Dateaponr a oe

is 0 tr.
oh “he judge then said to the jury, in ef- gupreme Judicial Court of Massachusetts, Mid-
fect, that the purpose of admitting the state- Missox.
ments in the defendant’s history was to ena- June 2, 1931.
ble the jury to determine whether the ~~ l. Wills 62439.
tor having these facts before him wag - aks sesgnes to.Gier one ot baie
he ee ficiaries may be considered in interpreting
error. oar

[28, 29] 27. Assignment of ee niet ae: ee
exception eighty-eight relates to e i a ea ode
of the judge to add to the instruction, tha Manifest purpose a or one of benefit

he burden of proof was upon the common- gyries does not justify assumptio ix had
woah “to satisfy the jury, beyond a reason- jntontion to benefit beneficiary not exp
able doubt, that the ning Hg ae lee tase in will.

is acts ;

nT ce words, he was sane.” 3. Wills €=686(1). os,
The judge could have given the instruction Testamentary proviaion that; at death of

with the addition requested. pers life tenant, trust should cease and “said

y. Johnson, 188 Mass. 382, 388, 74 N. E. 939. einoast” revert to amtate, held intende 0 des

But there was no error in the instruction as ignate trust fund as existing at term ; ion

given. The refusal to give an instruction in whether greater or leas than when trust c

the form presented is not error. eroageal smencad.

wealth v. Mitchell, 248 Mass. 536, 538, 539,

N. EB. 543. The judge in the course of his 4. Trusts €=272(1). 7

charge read from the opinion in peared Ce cnititie Seiten rondo by Shnnaee Of trast

wealth v. Heath, 11 Gray, 803, 304, gre og investments are accretions belonging to co
from the opinion of Chief Justice agree ro pri

Commonwealth v. Rogers, 7 Mete. 500-502, :

Am. Dec. 458. In our opinion the instruc- 5. Corporations €>74,

tions given were full and accurate. Right to subscribe is in nature ~ yout

[30] 28. The defendant also filed motions — ee as property

for a new trial on the ground that ap taliz y corp:

dicts were against the law and agra -. fo een |

These motions were addressed to the ; pee oi oe

: ti of the presiding judge. Common- Under bequest o r t, net

one Bannon, 254 Mass. 320, $25, 150 N. come, proceeds and spats fa be ee vest
B i Id have been nt, accretions from sales 0 ;
raised at the sea: Clomumod wealth v. Das- to subscribe held part of corpus belonging to
malaKia | 246 Mass. 12, 24, 32, 33, 140 N. E. 470. yemaindermen. ;
Most of the grounds relied on to support fra Tee-at words “net income, cenanida and
motions have already been considered. : ° peolti’ “Gd not indicaté thet. trus ee
abuse of discretion was shown in their . ASE cay haubilety cons than Ago in-
nial. The motion for an allowance of funds peste gh ye dey vase & Words income,”
to enable the defendant to be examined Ae proceeds,” and “profits” may have it
alienist was a repetition of a similar mot on Bie anmilican, setaiitis upon cons :
made during the trial. No error appears In h., te wun coed und teen tale

its denial. Many of the assignments of aided Se niasaiatioled:

are on the ground of the improper conduc

i j . An examination of the elske see
ne an Polroreaycyial any conduct of which the Appeals and htt pers recnal
defendant can rightfully complain. The Middlesex County; J.O.

efends g

Indexes
b 3 see same topic and KEY-NUMBER in all Key-Numbered Digests and
€=—For other case

|

CHASE v. UNION NAT. BANK Mass. 509
176 N.B,

Petition for instructions, brought by Roscoe life tenant all sums in excess of $10,000 of the
L, Chase, trustee under the will of Josephine principal of the trust, and to distribute the
M. Chase, deceased, against the Union Nation- balance of the trust fund, one sixth to the
al Bank of Lowell, executor of the will of estate of the said Laura J. Chase, one sixth
Laura J. Chase, deceased, Edwin FE, Chase, to the estate of Fred G. Chase, and one sixth
and others. From the decree, all parties, ex- to each of the following respondents, Edwin
cept the bank, appeal, and the case is re- E. Chase, Roscoe L, Chase, Harold M. Chase
ported to the Supreme Judicial Court. and Ernest W. Turner. All the respondents

Reversed and rendered. except the Union National Bank appealed

from this decree.
G. N. Moushegian and FP, P. Marble, both

of Lowell, for respondent Union Nat. Bank.

©. Robinson, of Lowell, for respondents
Roscoe L. Chase and others,

Under the petition for instructions the only
question now to be decided is whether the
gains arising from the Sales of securities or
the proceeds of rights to subscribe for new
stock constitute capital and belong to the
SANDERSON, J. remaindermen or constitute “net income, pro-

This is a petition for instructions brought ceeds and profits” and belong to the estate of
by the trustee under the will of Josephine the life fenant.
M. Chase. The first clause of the will is in .
{ phate . [1-3] There was a purpose manifest in the
the following terms: “First, I give, devise, wilt and codicil to do ake for Laura J. Chase
and bequeath to Roscoe L. Chase, the sum than for any of the other beneficiaries, and
of ten thousand dollars in trust, neverthe- this circumstance may be considered in inter-
less, to be invested and to pay over to my preting the words used in the will, but it
daughter, Laura J. Chase, all the net income, does not justify the court in assuming that
proceeds and profits to her sole use, during the testatrix had an intention to benefit her
the term of her natural life. At her death not expressed in the will. The trustee was
said trust shall cease and be determined and given a definite sum of money to be invested.
said amount to revert to my mente and dis- nere was no express authority to sell the
tributed as hereinafter mentioned.” ‘The re- securities in which it might first be invested
siduary clause is in _the following terms: ang nothing to indicate that the testatrix had
Third: The rest, residue and remainder of in mind the possibility that rights to subscribe
my said estate, I give, devise, and bequeath to new shares of stock in any corporation
to my five children, Fred G. Chase, of Los would come to the trustee. She apparently
Angeles, California, Edwin E. Chase, of Den- contemplated merely a trust fund of $10,000
ver, Colorado, Laura J. Chase, of Lowell, when established, and a trust fund of the
Mass., Roscoe L. Chase, of North Adams, same when the trust came to an end. The
Mass., and Harold M. Chase, of Wilmington, testatrix having the $10,000 on her mind as
North Carolina, and to my Srand-son Ernest tno trust fund and not contemplating that it
W. Turner of Portland, Maine, to be divided might be increased or decreased in amount
equally among them, share and share alike. during the period of the trust, might natural-
On October 4, 1909, the date of the death of ly refer to the property to revert to her es-
the testatrix, her five children and the grand- tate as “said amount.” In McElwain v. At-
son named in the will were living. At the torney General, 241 Mass. 112, 134 N. E. 620
date of the death of the daughter, Laura J. 621; {Be tentater bequeathed $112 500 to trus.
Chase, on April 27, 1930, three of the children toad to pay “the net annual saconie’’ thereat
a8 well as the grandchild named were living. to certain beneficiaries for life and after
Fred G. Chase died December 20, 1924, leay- their deaths “the aforesaid sum of One Hun-
ing no widow and as his issue then living four dred and Twelve Thousand Five Hundred
gs ae ayaa cautine tte (112,500,) Dollars” with any undistributed in-
Th a pes Nati. 1B i ae terest accrued thereon was to be paid over to

€ respondent on National Bank is ex- certain remaindermen. The principal of the
ecutor of the will of Laura J. Chase. original trust fund had greatly increased in

The original trust fund of $10,000 was in- value from investments at the time of dis-
vested in various securities during the life. tribution. The court stated the question to
time of the life tenant. Certain of these se- be: “Who are entitled to receive the incre-
curities and rights to subscribe for new shareg ment or increase in the capital of the trust
of stock were sold by the trustee during that fund?” and in reaching its conclusion said:
time. These sales resulted in an aggregate “While he [the testator] may not have con-
gain of $11,507.47; this amount was rein- templated the rise in value of the securities
vested by the trustee in other securities which or other property of which the fund consisted
now are held by him. The total investment in at his death, or in which it might be subse-
or Cost of the securities now held by the trus- quently invested, he intended that portion of
tee is $21,372.25. The judge of the Probate his estate to be devoted to the purpose desig-
Court entered a decree ordering the trustee nated. It is a single fund, the whole of
to pay over to the executor of the will of the which constitutes the principal named in the

a ih SD dh shh ST cick baa

5 ‘

EAGER SR PR

BP Rikaisicecs

ee ak "

7

hibeoknnts, tatetens ss

or

mabas

san a ia


HERE was a new moon on Au-

gust 7, 1945, and under its hazy

sliver of light, the desolate tide-

lands between East Boston and
Lynn, Massachusetts, were as still
and as vacant as a southwestern des-
ert. A brightly painted taxi-cab sped
northward along the super-highway
which links Boston, Revere and
Lynn. The glare of its headlights re-
flected back from the sandy marsh-
lands dotted with brush and clumps
of sedgy grass.

The cab stopped. The motor was
switched off, and for a moment, the
only sound was the subdued murmur
of the surf rolling up'on the beaches
half a mile to the east. Then the head-
lights went out, The car merged with
the darkness. It was about three
o’clock in the morning; the highway
at that hour was untraveled.

There were four passengers in the
cab. One of them sat next to the
driver. The other three, all of them
big men, were jammed into the back
seat.

A harsh, authoritative voice said:
“Wait, here, Jimmy.” Then: “Let’s

~ go find that hot license plate. I hid it

in the brush over there.”

The man who had spoken, appar-
ently the leader of the group, pushed
the rear door open and: stepped out.
The other two men followed. They

' stood on the road a moment, inde-

cisively, then moved away. Their
footsteps crunched through the sand.
Finally, there was silence.

The driver and the fourth passen-
ger, who had made no move to ac-
company the three men, remained in
the car and lit cigarettes. One, two,
then ‘five minutes passed. The cab
‘driver was getting nervous. “Don’t

«ike -to be parked here without

lights,” he mumbled. “Any traffic go-
ing by here moves fast.”

“You'd see a car in time to switch
on your lights,” the other man said.
“Quit worrying about it.”

Another minute passed. From the
marshes came the flat, echoing crash
of an explosion. Both men in the cab
leaped forward. They listened in-

DETECTIVE ANNUAL

ULLETS

& GERSTEN, Edwardg,whites, elec. Mass,
ae 1907

Ma Vv Ta |
BY PETER BECKETT

tently. But there was no further
sound, and they settled back into
their seats. Neither spoke.

A few minutes later there was the
rhythmic crunch of footsteps. Two
men appeared and got into the rear
of the cab. One of them said: “Let’s
go. Jimmy. Take us back to Revere.”

The cab driver reached out to
switch on the ignition. He paused
with his hand on the key and swung
around. ‘Where’s that other guy?”
he asked, peering at the two men in
the back seat. “Ain’t he comin’ with
us?”

“Never mind about him,” the
spokesman said harshly. “He’s got
a girl friend who lives near th’ Gen-
eral Electric plant, an’ he went over
to see her.” He leaned toward the
driver. “Let’s go, I told you. Take us
back to Revere.”

The driver pressed the starter,
snapped on the headlights and swung
the car around on the broad highway.
As he shifted into second and sent the
car leaping ahead in a southerly di-
rection, he heard the big man in the
back seat say cryptically: “Well,
boys, I ain’t married any more.”

* * *

OUR days later, on the afternoon

of Saturday, August 11th, the
marshland had an entirely different
appearance. A hot, midsummer sun
blazed down on the sandy wastes.
The flat marshland, marked with
scrub trees and bushes, was visible
for miles. Trucks and automobiles

- moved swiftly along the highway.

Stanley Davis, an eleven-year-old
Lynn resident, came along the foot-
path which paralleled the road and
cut across the marsh near the high
wire fence which surrounds the Gen-
eral Electric gear plant. The only
other structure visible was the Lynn-
way open air theater, a quarter of a
mile to the south.

The youth’s attention fixed on an
object lying in the weeds several
hundred feet from the edge of the
highway. He moved closer, then
halted abruptly as-he realized that
he was staring at the body of a man.

MAGAZINE, 1952,

- other evidences of violence. On the

p aS

(Essex) on

The figure lay face down, clad only
in trousers, shoes and socks.

The boy moved close enough to
observe the rigid set of the limbs, the
lifeless, sun- scorched skin, the
deathly stillness. He did not tarry
long enough to note any other details.
Wheeling about quickly, he raced to
the General Electric plant on Broad
Street and told a company guard of
his gruesome discovery. The guard
called police headquarters in Lynn.

Within fifteen minutes, two Lynn
patrol cars were at the scene. Chief
Edward D. Callahan, Chief Inspector
Charles T. Duggan and Inspector
William J. Murphy began an exami-
nation of the body. They were joined
a few minutes later by State Inspec-
tor Raymond B. Foley, from the dis-
trict attorney’s office, Inspector John
F. Welch, and Essex County Medical
£xaminer Lawrence J. Cusick.

The investigators did not need Dr.
Cusick to tell them that the man was
dead. That fact was obvious. Nor
did they have to ask the cause of
death. There was a neat bullet hole
drilled in the small of the man’s back.

The dead man had dark brown
hair, a snub nose, a broad chest and
powerful shoulders. His fingernails,
the medical examiner noted, were
closely bitten. His trousers were of
brown gabardine; the shoes also were
brown. He wore white ankle socks.

A roll of white cloth was jammed
under the victim’s right arm. Dug-
gan removed it and spread it out on
the ground. It was a white shirt
which bore a laundry mark “D 5” on
the neckband. The manufacturer’s
stencil was “‘Darlie Tone by Hano-
ver.”

The pockets of the trousers con-
tained-only a small black comb and
a package of cigarettes. The victim’s
hands were smooth and soft, indicat-
ing that he was not a manual laborer.

Dr. Cusick dusted the sand from
the arms and legs, searching for

right arm was tattooed:the name “Is-
obel,” and on the left arm was the
name “Bob.” Five-pointed stars were


breath away with his quick answer.

“Sure, I drove Bellino and Gertson
out there on the night of August 8,”
Salah said. “They picked up a fellow
in Haverhill and I was told to drive
out on the salt flats. Bellino and
Gertson and this other man took a
walk. Only Bellino and Gertson came
back to the taxi. I didn’t ask any ques-
tions. Bellino isn’t a chap you
question.”

It took Duggan a moment to catch
his breath. After six weeks of plod-
ding work, the case had broken wide
open. He didn’t bother to ask Salah
many more questions. It wasn’t ne-
cessary. Bellino and Gertson were
brought into the office. They were
questioned together. They refused to
do much talking, confining their an-
swers to surly denials that they had

HEADQUARTERS

DETECTIVE

fourteen, when Tony came along.

We had been rooming together
three years and I had never offered
her a reefer. I had prayed that she
would never get caught up in the
vicious dope net I was spreading over
Metropolitan U. But now it had hap-
pened.

Shame burned deep within me as
I watched her light up one of the
poisonous little cigarets. Her danc-
ing became more abandoned. She was
getting a quick start on the path that
could only lead to disgrace and ruin
for her.

I decided to try and stop her.

I walked over to her and broke up
her wrestling match with the football
player.

“Come on, kid,” I said, “I’m going
home. Let’s go and get some sleep.”

“Oh no.” She giggled vacantly.
“Pete’s taking me home. It’s more
fun that way.”

I snatched the reefer from her hand
and stamped it out on the floor.
“These filthy things’ll wreck your
life,” I said. “Come on. I’m taking you
back to the dorm.”

“Give me that.” She started to go
after it, but I grabbed her shoulder
and tried to push her toward the
door.

“You let go of me!” she screamed.
“You’re not my keeper. Make her let
go of me!” she begged her football
player escort.

I slapped her, hard. I had to beat
some sense in her if that was the only
way.

“What’s the trouble, Dolly?”

The quiet words were hissed behind
me in a tone I knew only too well.
Tony! I hadn’t seen him come in. A
stab of fear shot through me. I
wheeled.

“She took away my smoke,” Mary-
ellen whined, ‘‘and I was having such

murdered the young Bob Williams.

Duggan said to them, “Young Wil-
liams knew you two men and he was
at the dice game when it was held up.
You were afraid he recognized you
and would talk, so you did what all
cheap killers like you do. You got
the kid into a taxi, using some excuse,
and when you got to the salt flats,
you bumped him off.”

Bellino and Gertson looked at Dug-
gan and said nothing. They were
questioned for hours, but they refused
to break. They were locked up,
charged with murder and held in jail
without bond while Duggan and his
detectives picked up the loose ends of
the case against them. Then, on Jan-
uary 17, 1946, Bellino and Gertson
were indicted for the murder of Rob-
ert Williams by the grand jury.

to trial. District Attorney Hugh A.

Cregg handled the case for the State.
Salah was the chief witness against
the two men, who denied their guilt
and fought back against the evidence.
It didn’t do them any good. The jury
believed Salah, and the two men were
found guilty of murder in the first de-
gree and sentenced to die in the elec-
tric chair.

On the night of August 17, 1947,
they paid with,their lives for the mur-
der of the young ex-Marine, who they
feared had fecognized them when
they held up fhe dice game.

Tio months later they were brought

Eprror’s Nore: The name Isabel
Jones, as used in this story, is ficti-
tious, to protect the identity of an in-
nocent person.

| WAS CAMPUS QUEEN OF THE REEFER RACKET

CONTINUED FROM PAGE 29

a good time.” Her eyes puddled up
with drunken tears.

“You becoming a reformer, Dolly?”
His eyes bulged with anger and his
mouth became a hard line of fury.
He smoothed his patent leather hair,
always a sign that he was mad enough
to kill.

My knees went weak. Tony was
capable of cutting off my own supply
of weed for a couple of weeks. I had
gone through that once—the pound-
ing headache and the way light stab-
bed your eyes like a hot knife and
you couldn’t sleep and every nerve
in your body screamed with agony.

“Tony, she’s only one kid,” I begged.
“I do a good job for you, Tony. You
know that I do.”

“So why keep this one kid from
enjoying life?” he grated. I was
licked. I didn’t dare fight against

“him.

“Whatever you say, Tony.”

“I like this kid,” he said. “I’m go-
ing to see that she has plenty of fun
tonight.” He put his arm around
Maryellen’s waist and she turned her
face toward him with hopped-up
eagerness.

I felt sick. If Tony once got her in
his power, there would be no saving
the one friend I had in the world.
And what could I do about it? Across
the room, Chico in his uniform was
threading his way among the guests,
bearing drinks and smokes. Chico
was a member of the gang. Like me,
he hated Tony. He kept a gun hidden
somewhere in his waiter’s costume at
all times. I knew Chico would give
it to me if I asked. I toyed with the
idea for a moment, but I knew it was
only a gesture. My moral fibre was
too weakened by the years I had been
smoking the weed. I had no fight
against Tony left in me.

HERE’S not much to tell about how

I got into the marihuana racket.

You might say I was born into it.
Little Dolores Ramirez, a pretty kid
with black curls and bright eyes,
whose father was a border runner for
a pretty big syndicate that smuggled
in dope from Mexico. The place I call
home is a tiny, out of the way village
of adobe huts near the Rio Grande
in Texas. The whole village belongs
to the syndicate, which is the only
source of cash money the illiterate
paisanos have.

My mother I don’t even remember.
She ran off with a cowboy before I
was old enough to talk. Not that I
blame her. She had nothing to look
forward to, with us, except one kid
after another and probably having
to support the whole family by her-
self when the Rangers finally caught
up with papa, which was sure to hap-
pen sooner or later. Even papa knew
that. The Rangers are a smart and
courageous outfit, and while they pa-

trol a border too big for perfect effi- -

ciency, there isn’t a border runner in
the world that can elude them for-
ever.

Papa knew he’d get his sooner or
later. Maybe that’s why he was away
from home so much—trying to pile
up some money for us kids before he
took the big trip.

Anyway, there wasn’t anybody to
look after me when papa was away,
and I guess I grew up pretty wild. I
went to our little mud hut school be-
cause I liked it, but I wouldn’t do
anything else I was supposed to.
wouldn’t cook for my two bigger
brothers, or clean the one room house
we lived in. And I figured there
wasn’t anyone in the world who could
make me do a thing against my Wl

Then one day a stranger appeared

in the village. We all knew he was

wars
ie


The figure lay face down, clad only
in trousers, shoes and socks.

The boy moved close enough to
observe the rigid set of the limbs, the
life sun - scorched skin, the
dei itillness. He did not tarry
lon igh to note any other details.
Wheeling about quickly, he raced to
the General Electric plant on Broad
Street and told a company guard of
his gruesome discovery. The guard
called police headquarters in Lynn.

Wthin fifteen minutes, two Lynn
patrol cars were at the scene. Chief
Edward D. Callahan, Chief Inspector
Charles T. Duggan and Inspector
William J. Murphy began an exami-
natfon of the body. They were joined
a few minutes later by State Inspec-
tor Raymond B. Foley, from the dis-
trict attorney’s office, Inspector John
F. Welch, and Essex County Medical
£xaminer Lawrence J. Cusick.

The investigators did not need Dr.
Cusick to tell them that the man was
dead. That fact was obvious. Nor
did they have to ask the cause of
death. There was a neat bullet hole
drilled in the small of the man’s back.

“The dead man had dark brown
hair, a snub nose, a broad chest and
powerful shoulders. His fingernails,
the medical examiner noted, were
closely bitten. His trousers were of
biown gabardine; the shoes also were
brown. He wore white ankle socks.

A roll of white cloth was jammed
under the victim’s right arm. Dug-
gan removed it and spread it out on
the ground. It was a white shirt
which bore a laundry mark “D 5” on
the neckband. The manufacturer's
stencil was “Darlie Tone by Hano-
ver.”

The pockets of the trousers con-
tained-only a small black comb and
a package of cigarettes. The victim’s
hands were smooth and soft, indicat-

in; 1e was not a manual laborer.
isick dusted the sand from
th s and legs, searching for

- other evidences of violence. On the
right arm was tattooed.the name “Is-
obel,” and on the left arm was the
name “Bob.” Five-pointed stars were

DETECTIVE APUNUAL

LOVELY LADIES!
ONE-WAY RIDE!
DOUBLE-CROSS!

GAMBLING DENS!

DETECTIVE ANNUAL

“IJ DON’T AIM to
be pushing a hack
around all my life,

sugar,”

Williams


imprinted over the names with small
lines extending upward from each
point.

After a hasty, preliminary exami-
nation, Dr. Cusick estimated that the
man had been dead about thirty-six
hours. He added that the bullet,
which was apparently the cause of
death, had been fired into the spine
from a gun held within a few inches
of the body.

There was no immediate means of
identifying the dead man. Inspector
Duggan pointed out that the laundry
mark in the shirt as well as the place
of manufacture and distribution of
the trousers and shoes could be
traced.

Foley spread out the shirt and
scrutinized the small, blood-rimmed
hole in the fabric. “The man was
wearing this when he was shot,” he
commented. “How come it was
stripped off him and shoved under
his arm?” He glanced at Dr. Cusick.
“Could he have lived long enough
after being hit to remove his shirt?”

Duggan answered that question.
“It wouldn’t be a sensible thing for
him to do, would it?” He picked up
the shirt. The sun reflected from the
white fabric. “The killer probably
realized that the shirt would Be no-
ticeable from the highway,” he said.
“So he removed it. That’s logical
enough.” He pointed to the victim’s
wide, tan belt which had a shiny
brass buckle. “Looks like govern-
ment issue,” he commented. “And
Ili bet those tattoos aren’t over a

“WELL, BOYS — THE HONEY-
MOON is over. I ain’t married any
more!” killer Philip Russo, alias Bel-
lino, said. “It was short and sweet.”

year old. I'd guess that the fellow
is a war vet, possibly a Navy man.
We can check his fingerprints against
government records.”
* * *
HILE Dr. Cusick arranged for re-
moval of the body to the W. C.
Goodrich Funeral Home in Lynn for
an autopsy, police began efforts to
identify the victim. Because most
haberdasheries and laundries were

28

closed for the week-end, they were
unable to make much headway in
tracing the shirt. A brand name on
the shoes, however, indicated they
had been manufactured in Manches-
ter, New Hampshire. A call to the
northern city revealed that they
were retailed in many stores in the
greater Boston area.

Duggan, who had been assigned to
take charge of the investigation with
the assistance of Foley, Welch and
Murphy, had a set of prints taken
from the dead man’s fingers. Study
of impressions in Boston and state
files failed to locate a matching set.
The classification was wired to Army
and Navy headquarters in Washing-
ton with a request for comparison
with prints of servicemen and to the
Federal Bureau of Investigation for
check with their master files.

The victim’s description was
broadcast to police departments
throughout the eastern section of the
country. :

The other lead on which Duggan
relied for a speedy identification was
the tattoo marks. Newspapers in the
Boston areas which carried head-
lined accounts of the case gave prom-
inent display to a description of the
tattoos on both arms.

Meantime, under direction of
Murphy, police canvassed the high-
way areas in an attempt to discover
whether anyone had observed any
suspicious activity on the sandy flats.
The personnel manager of the Gen-
eral Electric plant, near which the

THE VICTIM’S SHIRT collar did
the trick. It led the police right up

the killer’s alley! Detectives found it.

rolled up under the corpse’s arm.

é

dead man had been found, viewed
the body. He was able to certify,
however, that the man was not an
employe of the company.

An autopsy performed by Dr. Cu-
sick that evening proved that death
had been caused by the bullet wound.
The slug penetrated the aorta which
supplies the body with blood pumped
from the heart. The post-mortem
study showed that death had resulted

within five minutes after the shot had
been fired and that, when found, the |

man had been dead at least three
days. In his report to Duggan, the
medical examiner pointed out that
exposure to the suin had hastened dis-
integration and made it difficult to
estimate time of death with greater
accuracy.

The vital organs were turned over
to State Police Chemist Frank Wal-
ker for analysis. He found that the
victim had eaten a few hours before
he died. There was some traces of
alcohol in the system, indicating that
he had been drinking. The chemist
concluded, however, that the man
had not been intoxicated.

Ballistics men, examining the
slug taken from the body by Dr. Cu-
sick, reported that the bullet was of
.32 calibre and had probably been
fired from a common type of Smith
and Wesson revolver. The police
knew that there were several hun-
dred such weapons in the state.

Laboratory experts were dis-
patched to the spot where the body
had been found, and they began an
intensive search for clues. Because
of the loose, sandy quality of the
ground, it was impossible to get im-
pressions of any footprints. The best
conclusion of the experts was that
the man had stumbled forward a few
steps before falling to the ground.
Duggan concluded from this that the
man had probably been killed on the
spot where the body had been found.

In order to preserve the few marks

EDWARD F. GERTSEN went along
for the ride from which “Tex” Wil-
liams never came back. Gertsen paid
dearly for that — with his life!

which were present and keep the -
ground clear of the footprints of curi- ‘;

ous spectators, a wooden platform,

extending a foot above the ground,”

was built over the area.
Attempts at identification con-

tinued over the weak-end without’

result. The task of checking the dead
man’s fingerprints against those of
Army and Navy veterans was a slow.

gas Fa.r<

~~
poor

ecorTe“4onmastzravnce

<ansrson

fret IA te

>

A et


ng investigators

mystery house

oO uncover any
ught lead to a
secret that had
the fear, and the
tire community

Strange,

i go away

d bought him-
P. A. button

official letter
addressed to
ed. The post-
nonths before.

the bedroom
| slept. On the
s. The label

the Acton

tion given

rised that
from the

Stow Farm’s Uncanny Secret 23

Skirton said they had been moved to a bedroom at the
other end of the house. He supposed Joe, the hired man,
had moved them; but he didn’t know why. The nephew
then volunteered the information that he, himself, had
lived with his uncle and aunt for several months the pre-
vious year, so he had an excellent knowledge of all the
domestic arrangements.

The room was in a state of great confusion. Clothing,
evidently taken from a closet in the corner, was strewn
about the floor. On a trunk against the. wall was a pair
of woman’s shoes, almost new, that Skirton said belonged
to his aunt. Several dresses were still hanging in the closet;
one of them a new black silk gown.

Twombly picked up some of the clothes from the floor,
and noticed they had covered dark stains which appeared
to have been recently and vigorously scrubbed. He moved
the trunk and discovered several small round stains, the

size of a half dollar, on the floor where it had stood.
There was something sinister and mephitic in the at-
mosphere of the disordered bedchamber, from

(Right) Vincent Skirton, who was related
to the Stefanovicz couple, and first re-
ported their absence. He could
offer no solution to the mystery,
but was stirred into activity

Warren Twombly

(Above) Digging one of
the suspicious spots on Stow
Farm, in an effort to discover
whether one or more murders had
taken place, and thus find an explana-
tion for some of the queer elements of
the case. Warren Twombly (left) is working
in the hole with State Trooper Roy Bergstrom

by the energies of

which the beds had been removed. The Maynard under-
taker was glad that he had slipped a heavy automatic pistol
into his pocket before leaving his office.

“Your uncle’s best clothes are downstairs,” he remarked
to Skirton, “and your aunt’s best dress and shoes are up
here. What did your aunt and uncle go to Chicago in—
their pajamas?”

In the other large bedroom, to which the Stefanovicz
family beds had been removed, Twombly saw a twelve-
gauge, single-barrel shotgun. It had been recently fired
‘and was not cleaned.

“Joe told me he shot my uncle’s dog with it,” explained
Skirton. “He-said the dog was so old and sick, he thought
he better kill it.”

There was a small bedroom on the second floor at the
head of the stairs, and Skirton said this was where the hired
man—as farm laborers are known in rural New England—


BELENSKI, Joseph, wh, elec. MAS? (Middlesex) Oct. 20, 1930.

STOW FARM'S

UNCA

MO

SULTRY day in midsum-
mer. Gray dust shim-
mering in the heat that
scorched the streets of
Maynard, Massachusetts.

Warren A. Twombly, looking
out from the office of his un-
dertaking establishment, thought
longingly of the old swimming
hole up the river. A brief hour be-
hind the wheel of his car, he mused,
and he might at least feel the
caress of ocean breezes,
and hear the mutter of
the surf breaking on the
beach.

But he knew the chains
of duty held him fast.
Besides the demands of
his exacting business—
coming at all hours of
the night as well as by
day, and requiring in-
stant attention—Under-
taker Twombly was the men-
tor, confidant, and adviser of the
many races attracted to the town by
the chance for employment in the mills.

The position of an undertaker. in a
small town, especially one who is a reg-
ular fellow as well as a business man, is
a peculiar one. He enters the homes of
his clients like a sympathetic friend; at-
tends to all the onerous details of the
funeral and burial; is asked by the
mourning relatives for advice about all
sorts of problems precipitated by the
death in the family circle; and then,
while waiting interminably for the pay-
ment of his bill, continues to be looked
upon in the “big brother” rdle by those
who have learned to trust him.

A a ee ee

O he turned back to his desk just as ‘ct

the telephone tinkled. The call was ; dasininins
from Assabet Market; a Polish pro- a
vision and grocery store in Maynard.

“Hello,” came the voice over the
telephone; “that you Warren? Can you
come over to the store? This is Joe
Bombis. I got something to tell you.”

Wondering who was in trouble this
time, and what he was expected to do
about it; or if it were just some bit of
news too confidential to be repeated
over the telephone, Twombly went to
the Assabet Market. Here he was
eagerly greeted by the proprietor and
his wife, Mrs. Anna Bombis, who did
most of the talking.

“A fellow just come in here—he’s

|

(Above) The glowering face of the fiend whose baleful shadow, cast
¥ : ‘ s over the household at Stow Farm, near Maynard, Massachusetts, brought
Vincent Skirton. He lives at Fifty-one such terror and ghoulish mystery to its members and their neighbors

20

Weites 1 tate

~

By District Attorney

WARREN L. BISHOP

of Middlesex County, Massachusetts
As told to FRED H. THOMPSON

Were there one—two—or three murders
to solve? Or were we on the wrong
trail? I had‘a hunch things would
break soon. ‘;Something certainly did, one
sweltering Sunday afternoon— AND How!

: - a
Phage ye Sai eae
Set ¢
: Lik Wei ng -
- ~~ res Pe “ a
aie TP ea
See
~
"7,
“4
: “n.
A ind
3 |
: Mins
em 3 Shae
canneries : = at
eee ae ‘ ~
EBM: oo
a me =e
Mes eee bp 5 Pes a sig cA tan —— oe,
- OE se n> me ll i
os .,
hae —— sae
*
ls
3 i
¥ I
yy .
+
a6,
y
,
ie ae #1} & 4
wp + =
oi Rares J 4
*

Bua |
The Stow farm home of William Stefanovicz and his wife Stacia; center of the

baffling enigma. The two windows on the second floor (indicated by arrow),
are those of the chamber where investigators found evidence of strange happenings

ECRET

Butler Avenue, and he
works in the rubber factory
in Hudson. He says his
uncle and aunt, who live
on a farm in Stow, are miss-

ing.

“Although he didn’t keep
in very close contact with
them, he’s been over there
two or three times in the
last two months, and a
fellow that worked on the
farm says the old man has
gone to Chicago for an
operation. The nephew is
very much of the opinion
that something has hap-
pened to them. He’s taking
the day off from work to
go over there again today
with his wife. Won't you go
over there and see if there
is any trouble and tell him
what to do?”

Such odd requests had be-
come an old story to Under-
taker Twombly. After ask-
ing a few questions and
ascertaining the exact loca-
tion of the farm in Stow,
he genially agreed to drive
over that afternoon and
look into things.

This was on Wednesday,
August 6th, 1930. That
afternoon he invited two
friends to accompany him,
and drove to the near-by
town of Stow. His destina-
tion was the old Hale farm
near the Hudson line—a
hundred - sixty - three - acre
piece of property that had
been purchased three years
before by William Stefano-
vicz and his wife Stacia;
who had moved from :Con-
cord, where they still owned
real estate.

AS Twombly drove into
the yard, one of several
men sitting with three
women on the porch, came
to meet him. Twombly in-
troduced himself, and
learned that the man he
was addressing was Vincent
Skirton, nephew of Mr.
and Mrs. Stefanovicz.

“How long have your
uncle and aunt been miss-
ing?” asked Twombly.

Skirton told him: “They
are supposed to have gone
the last of May. That's
what Joe told me. He's the
fellow that worked here.”

“When did he tell you
that story?” Twombly de-
manded.

“I come up here two or
three times,” was the
nephew’s answer.

“Just what did this Joe
tell your”

2]


22 The Master Detective

“He said my uncle had gone to Chicago for an operation,
and my aunt was in Danvers with her relatives, These
people,” Skirton went on, pointing toward two of the
women, watching from the porch, “are my aunt’s relatives
from Danvers. They came today and say she hasn’t been
in Danvers and they haven't seen her.” zi

Twombly suggested that he be permitted to look around
the house, and Skirton escorted him into the front hall.
Through the open door of the dining room, he saw the
coat and vest of a man’s suit, practically new, hanging over
the back of a chair.

“That’s my uncle’s best suit,” explained Skirton. “He
had it on the last time | saw him.”

In the lapel was the insignia of the National Polish
\lliance. Twombly recalled that all the Polish people he
knew treasured their N. P. A. emblems, and invariably

(Below) Aconference being held among investigators
and neighbors, on the porch of the mystery house

at Stow Farm. Its purpose was to uncover any
possible information that might lead to a
solution of the uncanny secret that had
aroused the interest, the fear, and the
wrath of the entire community

(Left) Warren A. Twombly,
undertaker and trusted con-
fidant of the people of the

Maynard neighborhood. It was a
telephone call that brought him in
contact with this case—one of the strangest

and most exciting experiences of his life

wore them when they were “dressed up.” Strange,
he thought, that William Stefanovicz should go away
and leave his best clothes at home. If he had bought him-
self a new suit, why had he not changed the N. P. A. button
to the lapel of his new outfit?

Going into the kitchen, Twombly saw an official letter
from the State Registry of Motor Vehicles addressed to
William Stefanovicz, lying on a table unopened. The post-
mark showed it had been mailed in June; two months before.

ON the second floor, Skirton pointed out the bedroom
where he said his aunt and uncle had slept. On the
disordered dresser Twombly saw a box of pills. The label
indicated that the pills had been prepared by the Acton
Drug Company on May 2 Ist, 1930, on a prescription given
by Doctor W. J. Middleton.
“Where are the beds?” Twombly asked, surprised that
this rather essential item of furniture was missing from the
chamber.

the:

IP YE:

Sey ee ae

Ye

Hy


ee

BELENSKI, Joseph, white, elec. MA® (Middlesex) on October 20, 1930.

“Dead dogs don’t howl
over their master’s
graves.” Thus reasoned
a cold-blooded New Eng-
land murderer. But still
Fie another dog led a deter-
: mined searching party
to the double grave in
the woods

(Above) Wincenty Stefanovicz, one of the
victims of this cold-blooded double murder.
(Right) Outside view of the murdered
couple’s farmhouse, Arrow indicates win-
dow of room where blood was found.

E WOULD have attracted no at-
H tention at a bench show even had
his mixed ancestry not rendered him
ineligible for registration in the A. K. C. He was
just a plain, nondescript dog, but the part that he
played in furnishing a clue to a crime never surpassed
for brutality, made him an outstanding figure. In fact
to the fatalist and the believer in the supernatural, the
canine element in repeated evidence in the case is sig-
nificant. The relevancy of this will appear as the story On a bright morning in June, 1930, a cheery-faced
unfolds. “young man was driving a small car over this road. He
And now let me take you alofg a country road in was introducing a line of brushes to housewives and
Middlesex County, Massachusetts. It is an old-fashioned coming to a substantial farm-house, he stopped.

dirt road and before the advent of the automobile was A pock-marked man emerged from the old red barn,
the only route of travel between the villages of Hudson a milk pail in each hand.
and Stow. It is now known as the back road and is little The young man smiled, pleasantly. “Mrs. Stefanovicz

used except by farmers living along the line. at home?”

TI
figuren

forbidd

“Just
alighted

Th

]

milk pails

“Is Mr. S
“No. TI

car. “Sorry t
muttered,
man’s thr

For sever


By Herbert Hall Taylor

The man scowled. Even apart from the facial dis-
figurement, he was not prepossessing. In fact, his
forbidding mien was repellent.

“Naw,” he replied, without pausing in his
walk toward the house.

The young man’s good humor persisted.
“Just a moment,” he urged, politely, as he
alighted.

The man’s scowl deepened, but he set the |

*

Tie

¥ ; £ sa
‘ “ma
4

.
* .

(Above) Mrs. Stefanovicz, second victim of
the murderer’s hand. (Left) Chief of Police
Peter A. Larsen, who questioned the hired
hand about the disappearance of his employers
at the outset of this mystery.

were curtly dismissed by the man-of-
all-work with the same story. As time went
on, people began to wonder at the prolonged
absence of the farmer and his wife. It was un-
precedented. They had never, so far as was
known, been away over night before. When
tradesmen met the neighbors the first inquiry was:
“Have the Stefanoviczs returned?’
Neighbors shook their heads. In the isolated farming
community, where there is little diversion, the affair as-
sumed the aspect of a mystery. The gossipers began to

milk pails down. “Well?” he asked, belligerently. wag their tongues. They told anew the story of the bot-
“Is Mr. Stefanovicz here?” tomless pool.
“No. They’ve both gone away. Won’t be back for a The farm from which the Stefanoviczs had disap-
month.”’ peared was known locally as “the Gedrge Hale farm.”

“Oh, all right.” The salesman climbed back into his It bears a sinister reputation. There are about 163 acres,
car. ‘Sorry to have troubled you.” As he drove away he partly wooded, and as I have indicated, it lies in an iso-
muttered, ‘“A surly guy; looks as though he’d cut a __ lated section. About half a mile from the house is a bot-

man’s throat for a dollar.” tomless pool; at least no one has ever been able to strike

For several days persons who had business at the farm _ the bottom.


44 American Detective

One day the owner of the farm, Mr. Hale, vanished.
He was in excellent health; in good financial circum-
stances and no reason could be ascribed for his volun-
tary departure. He was never heard from again. The
generally accepted theory is that he was murdered and
his body thrown into the bottomless pool. Had a similar
fate overtaken the missing couple?

This theory was given little credence and those who
were disposed to take it seriously were ridiculed by their
more prosaic neighbors. ‘““Who started that absurd
story?” they asked. ““Can’t a man and his wife go away
for a few days without creating a sensation?”

The “few days” had grown into a month. The last
time that anyone recalled having seen either of the cou-
ple was along the last of May. Several times during the
month of June a man named Charles Yapp had called
at the farm. Mr. Stefanovicz owed him a bill for hay
and he wanted to collect it.

On the first of July Mr. Yapp again stopped at the
farm.

“Folks back yet, Joe?” he asked, somewhat impa-
tiently.

The farm-hand shuffled out to the car and gazed at
the inquirer appraisingly for a moment before replying.
He apparently decided that Yapp’s patience was about

.exhausted. Resting his elbows on the door of the car, he

assumed a confidential tone.

“No; they haven’t come back, Mr. Yapp and between
you and me, I suspect the old man has died.”

Yapp stared at him in astonishment. ‘““What the devil
makes you think that?”

The man lowered his voice “Well, PI tell you. Mr.
Stefanovicz didn’t want anything said about it, but he
went to Chicago to have an operation performed by a
Polish doctor. I haven’t heard from him and I’m afraid
he died in the hospital.”

“Well, where’s his wife?” Yapp wanted to know.

“Joe” appeared to be thinking. “Seems to me she said
something about going to visit some friends in Everett;
if the old man died, she probably went there.”

In the town of Maynard, a few miles away, lived Vin-
cent Skirton, a nephew of the missing couple. Early in
July he decided to take a run over to the Stow farm for
a chat with his uncle “Win” and his aunt Stacia. He was
surprised to learn that his relatives had been away for
more than a month.

“Funny they’d go away like that for so long without
saying a word. Where have they gone?”

“To Chicago. Your uncle had to have an Operation and

a

Searching party shown in woods on
Stow. farm during the intensive search.

he wi
Joe

YT}
uncle
a stoma
he also }
the old t
should |}

“Her
he grum!
pointed
drive
whistled

Anott
had alu
respond

ton fro.
“Wher
“He g
Skirtor
existed ar
had owne
come vici
read the
bite peop

The double ¢
dog that |:


car, he
etween
re devil

vu. Mr.
but he
ed by a
afraid

Ww.
she said
verett;

ed Vin-
Early in
arm for
He was
way for

without
tion and

~
«

s

‘ oods on
ve search,

ili ee

Double Murder 45

he wouldn’t have anyone but a Polish doctor,” explained
Joe.
This sounded all right to Skirton. He knew that his
uncle had been operated upon some years previously for
a stomach trouble, the scar of which was still visible, and
he also knew that he had recently had a recurrence of
the old trouble. Still, he was puzzled to know why he
should have left so abruptly without telling him.

“He might have dropped me a postal-card, anyway,”
he grumbled, as he clambered back into his car, disap-
pointed at the outcome of his visit. He was just about to
drive away when a thought occurred to him. He
whistled.

Another disappointment. The handsome collie that
had always come leaping and friskirig at his call did not
respond. Again he whistled. Utter silence reigned. Skir-
ton frowned.

““Where’s the dog, Joe?”

“He got vicious. I shot him.”

Skirton was horrified. A more kindly animal never
existed and he was fairly worshipped by the family, who
had owned him for many years. The idea that he had be-
come vicious was absolutely unbelievable. Joe, evidently
read the distrust in his ¢yes for he added “‘He tried to
bite people who came here. I had to kill him.”

The double grave in the woods; and the
dog that led searchers to the gruesome
discovery.

Endeavoring to conceal his rage, Skirton got the car
away at a jump. “Uncle Win will just about break his
neck when he finds out he’s killed that collie,” he re-
flected.

The next day after Vincent’s call, Mrs. Annie Bombis
went over to see her friend, Mrs. Stefanovicz and she,
too, was astounded at the absence of the couple. She
questioned the farm-hand exhaustively as her curiosity
had been aroused. Joe repeated the story of Mr. Stefano-
vicz having gone to Chicago for an operation, but there
was a slight discrepancy from the way he had theorized
to Yapp. To him he had advanced the opinion that in the
event of the old man’s death, Mrs. Stefanovicz had prob-
ably gone to visit friends in Everett. To.Mrs. Bombis he
said that Mrs. Stefanovicz had gone directly to Everett.

Another month elapsed-and in the meantime the ar-
rogance of Joe and his usurpation of the duties and
privileges of his employer excited some comment. At the
time he was hired by Mr. Stefanovicz, Joe told the
farmer that his name was Stefanoski and that he was 38
years old. He was a heavy drinker and ugly under the
influence of liquor. Neighbors recalled that Mrs. Stef-
anovicz had been afraid of him and continually impor-
tuned her husband to get rid of him. “He'll kill us both
some day,” she is reported to have said.


aN

Soap

heft

LEX OF AL
fayis of fF

Fy desis s

FH

Yhel:

176 NORTH EASTERN REPORTER

504 Mass.

d discre-

id his name was Stefanowicz, that he This refusal was ney pecs ten bi
aaecienga ort: oney for his brother’s tion of the trial judge. : ray
pulled: 3 reg! are $1,000 from the in- a defendant’s right to accompany a pid at
alee! ~ : May The defendant also view was fully ee te oe =
paneer a 5 wad Stefanosky, that Win- v. Dascalakis, 246 Mass. = ns ‘ ben :
ae Rida Shetntowics went to Chica- 470. There was no error in -
centy

i i he knew who put 4] 8. This assignment of error is based on
oS al = ones “He said at this inter- Faery five, six and seven. A witness tes-
ts oat the Stefanowiezs were killed by @ tifed that Stefanowicz was indebted to him
peg John. Later, he said that on Sun- 4) the sum of $150. Counsel for the defend-
ri pated about eleven o'clock he killed ant was permitted to ask the witness on eter:
Wincouty Stefanowicz with a stick because he gyamination whether aps to oe fe

fused to pay $200 that he owed the defend- Gate when the bodies were disc a
7 t: that Mrs. Stefanowicz heard the quarrel caysed a keeper to be placed on the premis 4
pr ame to the cow pasture where the de- for the purpose of collecting the debt Ney
feattant and her husband were, and he struck yim py Stefanowicz. The judge gprs ce
the woman with the stick; that after he killed allow the defendant’s a Fag a 4
them he dug the grave and buried them. At whether after August 10 _ —. =:
the trial the defendant testified that on the keeper to be placed on the ™ ae td
second Monday in June he heard Mrs. Stefan- yas no error in this refusal, fy toad
ork “hollering ‘Joe’; that he went to the vancy to any issue in the case, an
kitchen aid saw her “lying down ina pool of within the discretion of = judge ts mauiose

ms : husband had “the iron piece j4 Gommonwealth v. Corcoran, 2
ea ts oo he said to the husband “What 465, 486, 148 N. E. 123; Oneamonvrestth y.
Pr you doing? What are you fighting for”; jcnight, 257 Mass. 421, 425, 154 N. EB. 91.
that the husband fired a shot at him — 4, The assignment of error based on api
struck him with the gun; that he “pulled ions eight and nine refers to —— —
away that gun from him”; that puget to be asked by the counsel for the de : el
then attacked him with a knife and he ki The questions were allowed. The ay ea nia
Stefanowicz in self defence. On ee at at the bench beyond the hearing of ¥* uy
ination the defendant testified he did not | jo+.q merely to the proper phrasing : -
remember the answers made by bim wher questions and was intended to prevent ¢
questioned in the district attorney’s office. fusion in the minds of the jury.

The theory of the commonwealth was that

d to obtain the farm; : —_
naka we ~ ihe with which to buy it; offered the alleged confession of the de
that he ha

; ission
at he deliberately planned to kill the Ste- ant. The defendant geen acd 4
eae ‘ s do away with the bodies, and on the ground that t wa ert igor Saat
prepa the owner of the property. A preliminary hearing was ne ct es
rasa, os! taken of the farmhouse, the outly- of the jury. Apparently - mg P naiong ol
—s niiabe s, and the grave. ‘The assign- copy in the possession ts) a a. tik
ments of error will be considered tn the order ney. The tl Ju0e Pope gel objected
m ; ate
i efendant’s report firs 1e ( t
in which they are argued on the da i. tls ean piers or ihe priviiage of reading
[1, 2).2. She lee: eee fale to permit handed the copy pa peipeat ond a eae
ae g 7"
the date of the illng of the bill of particulars 0 fend ow Tae Foage might have a:
on the ground that the : coal to-tan a teat
ne my ot g laptnatg immaterial. This rul- lowed ee pron stektast Wako
rate ne correct. The reason for allowing a it is pe ae a cabetaptiet cigube by tis
defendants to obtain a bill of particulars is . pcre 0 Tt was an incident in the conduct of
i ature of the of- g. ci be eer
inform him fully of poe nda y. the trial properly subject to ier sig et oss
fense. G. L. © A 75 N. E, 75,3 L. R.A. of regulation. see eon aes ay
nae Meta: Cammonweilis y. Jordan, 207 Mass. 269, onde A oe ae we ak
(N. 8.) 5¢ 265 93 N. B. 809; Commonwealth See Commo Se eins taint ae
sass. ee a55 ‘Mass. 369, 412, 151 N. B, 839. 319, 103 N. Srapeiiconaeyyy em =
Tne reading _ the pafe diated ier wre Senate et judge could in his discre
net iculars would not dure, ae cite.
fling of ee pian tge of pation tion insist that —— by the li
eelana ereraggel was the date material to tions of his own requ uae
lef °. ed, [6-8] 6. The assignment of error 4 > bs
Se a 5 i thirteen and fourteen, an y as-
r i t of error re- exceptions an jee
oie: cma of the Sarice to permit the signment two of eo ae ee
pee eleepmnente the jury on the view. ord, relates to the contes
defend:

[5] 5. During the trial the commonwealth

lars is inte

COMMONWEALTH v. BELENSKI Mass. 505

ant. At the preliminary hearing the judge bation officer thereof, the district attorney
found that the defendant in making the con- and to the attorney for the accused.” G. L. c.
fession was not induced to do so by threats 123, § 100A, as amended by St. 1929, e. 105.
or promises or inducements. It appeared that The defendant has not shown that he was in
the defendant was warned that anything he any way harmed by the filing of the report
might say would be used against him in court. after the trial had begun.. No objection had
Subsequently the confession was submitted to been made by him at the opening of the trial,
the jury. The proper procedure was follow- although an examination of the records would
ed by the judge. Commonwealth y. Russ, have disclosed that no report had then been
232 Mass. 58, 69, 122 N. E. 176, 15 A. L. R. filed. Non-compliance with section 100A of
584, and cases cited. Commonwealth v. Hay- G. L. ¢. 123, as amended, does not invalidate
wood, 247 Mass. 16, 18, 141 N. E. 571. There the trial as matter of law. “The terms of
was abundant evidence that the confession that section convey no such intimation. It is
was free and voluntary. It was admitted in an important statutory provision, but its de-
evidence properly. Commonwealth yv. Ma- Sign is to forward the administration of public
deiros, 255 Mass. 304, 314, 151 N. EB. 297, 47 justice, not to put into the hands of those
A. L. R. 962; Commonwealth v. Congdon, 265 charged with crime a new weapon of de-
Mass. 166, 174, 165 N. BE. 467. It is contended fense.”’ Commonwealth v. Vallarelli (Mass.)
that the confession in itself shows that it is 178 N. E. 582, 585. See Commonwealth y.
irrational. In the confession the defendant Soaris (Mass.) 175 N. E. 491. The defendant
said he killed Stefanowicz with a stick, that contends that prior to the filing of the re
Stefanowicz called out and his wife hearing Port of the department of mental diseases
him came to the pasture and was also killed. be filed a motion asking to be allowed a rea-
It is argued that she was too far distant to Sonable amount to defray the expenses of an
hear the voice of her husband; that the ¢€XPert on mental diseases to examine him.
wounds could not have been inflicted with a AS We construe the record this motion was
stick. These statements did not make the 20t denied until after the report had been
confession inadmissible. The judge was not filed. The denial of the motion was proper.
required to find that all the statements were The defendant had been examined by compe-
based on actual facts. The confession tended tent Persons appointed by the department of
to show the defendant's guilt, and it was mental diseases. There was nothing indicat-
properly submitted to the jury. ing that he was not sane. The report had

been filed; presumably the judge was aware
[8-11] 7, The assignments of error based on of its contents, “It is a matter of general

exceptions fifteen, nineteen, twenty, twenty- knowledge that there are in the service of
one, twenty-two, twenty-four and twenty-five, the commonwealth under this department
relate to the report of the department of persons eminent for special scientific knowl-
mental diseases. The trial began on Novem- edge as to mental diseases. The examination
ber 17, 1930. On November 21, 1930, it was under the statute, therefore, may fairly be as-
discovered by counsel for the defendant that sumed to have been made by competent per-
the report of the department of mental dis- sons, free from any predisposition or bias and
eases had not been filed with the clerk as pro- under every inducement to be impartial and
vided in G. L. c. 123, § 100A, as amended by to seek for and to ascertain the truth.” Com-
St. 1929, ec. 105, although notice to the depart- monwealth v, Devereaux, 257 Mass. 391, 396,
ment had been given by the clerk. When 153 N. B. 881, 882. Having been examined
this was brought to the attention of the trial by impartial experts the defendant was not
judge he declared a recess to await the filing entitled as of right to a further examination
of the report. The report was filed the same at the public expense.
day. The defendant objected to the filing of
the report after the trial had begun, and pre- [12] 8. The assignments of error raised by
sented two motions (1) to strike out the tes- exceptions twenty-seven, twenty-eight and
timony of one Brissett who read the steno- twenty-nine relate to the cross-examination
graphic report of the defendant’s statements of Dr. Magrath who had performed autop-
to officials on the day of his arrest, and (2) sies on the bodies of the victims. Counsel
to strike out all the testimony of conversa- for the defendant asked Dr. Magrath wheth-
tions had with the defendant. These motions er a stick two inches thick caused the com-
were denied. Apparently, according to the minuted fracture. The trial judge informed
defendant’s brief, his objection to the filing counsel he could ask if, in the doctor's opinion,
of the report of the department of mental the injuries could have been caused by a stick
diseases is on the ground that “names and two inches thick. The defendant contended
addresses of witnesses against him are there- he should be permitted to put the question as
by supplied to the Commonwealth and testi- framed by his counsel. There was no error.
Mony provided against him.” This conten- It did not appear that the witness had any
tion has no merit. Under the statute the re- knowledge that a stick two inches thick had
Port is to be filed with the clerk of the court, caused the fracture. At most the witness
and is made accessible “to the court, the pro- could give his opinion as to whether the in-
176 N.E.—3214

re,

ns

fe

dail

ti A dh a lk 8 8 EA AOE BAG. inc aR phe BRC 5 0. SAE Fella

2.

Sep hy teed a COR as bboy a

eis Gis id ae!

peg i TN RNS ator ae rr eae

aces

PU es

Pe ha

500 Mass.

injuriously affected by this error in the ad-
mission of evidence and the exception td its
admission must be sustained.

[11] In the action of Mary Karpowicz
against Edward J. Manasas the defendant
was described in the writ as “Edward J.
Manasas, otherwise known as Egnas J. Man-
asas.” When Edward J. Manasas was on the
stand he admitted that he was the defendant
in that case, but the contention is made in
his behalf that he is not the defendant in the
action by George Karpowicz in which the
name of the defendant in the writ is stated to
be Egnas J. Manasas. The only testimony to
prove Egnas J. Manasas to be a persdn other
than Edward J. Manasas was that of Ed-
ward J. Manasas who testified that Egnas J.
Manasas was his father. Each writ was
shown by the return to have been served by
leaving a summons at the defendant’s last
and usual place of abode, 155 Vernon Street,
Worcester. Jones v. Walker, 15 Gray, 353 5
Jovee v. Thompson, 230 Mass. 254, 119 N. E.
777. Edward J. Manasas testified that his
home was at that number. No evidence was
offered to prove that a man by the name of
Egnas J. Manasas made his home at the same
place. On September 9, 1930, a motion to
amend the writ was filed in the case of
George Karpowicz against Egnas J. Manasas
by adding after that name the words “other-
wise known as Edward J. Manasas,” and this
motion was allowed without objection on No-
vember 18, 1930. In the same case, on No-
vember 20, 1930, at the close of the defend-
ant’s argument a motion was allowed, sub-
ject to the defendant’s exception, amending
the writ and declaration by striking out the
name Egnas J. Manasas and leaving only the
name of Edward J. Manasas as the defend-
ant in the case. In this action the plaintiff
was seeking consequential damages because
of the injury to his daughter caused by the
automobile driven by Edward J. Manasas.
No one else by the name of Manasas so far
as the evidence disclosed had anything to do
with the accident. Edward J. Manasas ap-
peared in the case by counsel and the same
counsel appeared in the case in which Egnas
J. Manasas was named as defendant. It is
apparent from the whole course of the trial
that the real defendant in this action for
consequential damages, aS in one of the ac-
tions for personal injuries, was Edward J.
Manasas. The evidence would justify a find-
ing that both writs were served by being left
at the last and usual place of abode of Ed-
ward J. Manasas; that he knew, notwith-
standing the error in the name, that the sum-
mons was meant for him. Edward J. Manas-
as admittedly was represented by counsel in
the action for personal injuries. His liability

176 NORTH EASTERN REPORTER

for the accident was contested. He has been
given every opportunity to defend his rights
as fully as if he had been correctly named in
the writ. He made no objection to being de
scribed in the first writ as “otherwise known
as Egnas J. Manasas,” nor to the amendment
apparently made before or during the trial
adding his name in a similar way as an alias
in the case in which Egnas J. Manasas had
been named in the writ. In all of the cir-
cumstances we think that the last amendment
was justified to correct an error in the defend-
ant’s name and that he has been brought into
court by process and not deprived of any of
his legal rights by the amendment. Dindio
v. Meshaka (Mass.) 175 N. E. 170; Liddell v.
Middlesex Motor Co. (Mass.) 175 N. E. 737;
Grannis v. Ordean, 234 U. S. 385, 394, 395, 34
S. Ct. 779, 58 L. Ed. 1363. The case is dis-
tinguishable from Cohen v. Levy, 221 Mass.
836, 108 N. B. 1074. The exception to the al-
lowance of the motion to amend must be over-
ruled.

[12,13] In the case of George Karpowicz
against Seder, the plaintiff was not entitled
to the benefit of St. 1928, ec. 317, and apart
from that statute the evidence would not jus-
tify a finding that Manasas at the time of the
accident was acting within the scope of his
employment by the defendant. “The law of
Massachusetts is well settled that proof that
the driver of a motor vehicle was in the gen-
eral employ of the defendant at the moment
of an accident, and that the defendant was
owner of the vehicle, is not enough to prove
that the driver was then acting within the
scope of his employment.” Washburn v. R. F.
Ownes Co., 252 Mass. 47, 53, 147 N. EB. 564, 569.
The additional fact that he was going to meet
the husband of his employer would not be
enough to prove that he was so acting.
Fleischner v. Durgin, 207 Mass. 435, 93 N. E-
801, 83 L. R. A. (N. 8.) 79, 20 Ann. Cas. 1291;
Hartnett v. Gryzmish, 218 Mass. 258, 261, 262,
105 N. EB. 988; Vallavanti v. Armour & Co.,
260 Mass. 417, 157 N. E. 527; Kwedares VY.
Knoel, 261 Mass. 91, 158 N. E. 335.

In the case of George Karpowicz against
Seder the exception to the part of the charge
in which the judge said, in substance, that
there was evidence that Manasas was actinz
within the scope of his employment for the
defendant at the time of the accident must be
sustained. Because of the sustaining of this
exception and of the exception to the admis-
sion of the hospital records, other exceptions
need not be considered. The questions raised
by them are not likely to be presented in the
same way at another trial. In each case the
entry must be

Exceptions sustained.

COMMONWEALTH v. BELENSKI Mass. 501

(276 Mass. 35)
COMMONWEALTH v. BELENSKI
(two cases).

Supreme Judicial Court of Massachusetts.
Middlesex,

June 5, 1931,

{. Criminal law €=338(1).

Permission to read date of filing of bill of
particulars to jury in murder case held prop-
erly denied as immaterial (G. L. ¢. 277, § 40).

2. tndictment and information @=121(1).

Bill of particulars is to inform defend-
ant fully of nature of offense (G. L. ¢. 277,
§ 40).

3. Criminal law €=651(2).

Refusal in murder case to permit defend-

ant to accompany jury on view held within
judge’s discretion.

4. Homicide €>174(1).

Excluding cross-examination in murder
case on whether deceased’s creditor, after
body was discovered, placed keeper on de
ceased’s farm, held within judge’s discretion,
being irrelevant.

It appeared that counsel for defendant
was previously permitted to ask creditor
on cross-examination whether, prior to
date when deceased’s body was discovered,
he caused a keeper to be placed on de-

ceased’s farm for purpose of collecting
debt.

5. Criminal law €>663.

Judge granting defendant’s counsel’s re-
quest for privilege of reading murder confes-
sion before judge read it might properly have
extended privilege to associate counsel, but
refusal to do so held not error.

Having fully complied with counsel’s re-
quest regarding order of procedure in
reading confession, judge could in his dis-
cretion insist that counsel abide by limita-
tions of his own request, and judge’s re-
fusal to permit associate counsel to read
confession was merely incident in conduct
of trial and subject to judge’s power of
regulation,

6. Criminal law =671.

Where defendant claimed murder confes-
sion was involuntary, judge’s holding prelimi-
nary hearing in jury’s absence, and, on finding
confession was voluntary, submitting it to
jury, followed proper procedure.

7. Criminal law €=531 (3).

Murder confession held admissible under
evidence it was voluntary.

It appeared that defendant had been
warned that anything he might say would
be used against him in court, and that
judge found that defendant was not in-
duced to make confession by threats,
promises, or inducements.

8. Criminal law @=516.

Confession that defendant killed deceased
with stick, and that wife heard deceased call,
held admissible, though wounds were not made
with stick and wife was beyond hearing dis-
tance.

Before submitting confession in question
to jury, the judge was not required to find
that all statements therein were based on
actual facts,

9. Criminal law €=662(4).

Report of department of mental diseases,
although filed after murder trial had begun.
held not objectionable as supplying common-
wealth with witnesses and testimony (G. L.
¢c. 123, § 100A, as amended by St. 1929, e. 105).

Under G. L. e. 123, § 100A, as amended
by St. 1929, ¢. 105, report of department
of mental diseases is to be filed with clerk
of court, and is made accessible to court,
probation officer, district attorney, and at-
torney for defendant, and there was no
showing that defendant was harmed by
filing of report about four days after trial
had begun, and no objection was made by
him at opening of trial, notwithstanding
examination of records would have dis-
closed that no report had been filed.

10. Criminal law €=623.

Noncompliance with statute requiring re-
port of department of mental diseases does
not invalidate trial as matter of law (G. L. ¢.
123, § 100A, as amended by St. 1929, ¢. 105).

G. L. ¢. 123, § 100A, as amended by St.
1929, c. 105, is designed to forward the ad-
ministration of public justice, not to put
into the hands of those charged with crime
a new weapon of defense.

{{. Criminal law €=623,

Where department of mental diseases had
filed report, and nothing indicated defendant’s
asserted insanity, defendant held not entitled
to further examination at public expense (G.
L. ce. 123, § 100A, as amended by St. 1929, ¢.
105).

It is a matter of general knowledge that
there are in the service of the common-
wealth under department of mental dis-
eases persons eminent for special scientific
knowledge, and examination under statute,
therefore, may fairly be assumed to have
been made by competent persons, free
from any predisposition or bias, and under

€=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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SUB Mass 176 NORTH EASTERN REPORTER
4) e
is the directing and control-
such animple- ters. The judge
a nas oa rag 8 were fully ling mind at the trial; he is “not a mere ~
peeves Op h judge’s statements were not tionary to preserve order, and lend mia :
pecan ama os dignity to the proceedings.” Whitney v.
apiece Wellesley & Boston Street Railway, 197 Mass.
[13] 9. The next assignment of error is 495, 502, 84 N. B. 95, 96; Posell v. Herscovitz,
raised by exception thirty. = ce 237 Mass. 513, 615, 130 N. 0). Mo aluse 6
; rath wae Beoees. *) icial discretion is shown.
was asked it in bls a tgs. 3 eines is no merit in the assignment of
hetped the eyart and Jure at package rror founded on exception thirty-six. Jivery

' ay toa © ;
—— gee A prt gpa taggers suitable opportunity was given to ask of the
proper an perso

h was proper to
or not there was any blood or hair or any oth- witness any question whic pte

be asked.

| = stion was eX-
on pe ger pot pues shown upon [17] 18. The next assignment of error is
i witness could have based an opin- pased on exception thirty-seven. On =
roms nd if the witness answered in the af- redirect examination by the defendant of Dr.
firmative the answer would have been found- yalloran, attached to the department of —
an oa & seulation See Commonwealth v. tal diseases, who had examined the ee s2e8e Fs
ed on 9 Berty C6. 256 Mass. 491, 492, pursuant to G. L. e. 123, § 100A, as amend ~
poet E 737; Commonwealth y. Mara, 257 py St. 1927, ¢. 59, § 1, the witnans, <tfer fet

“195 i nt two hours

seein meg oe ibd penance aa asked whether it was his
Sal Boaciicdaione Se ee — intention at that time to make another ex-
based on exceptions thirty-one and thirty- anination of the defendant. ‘The arient

two. At the close of the commonwealth’s

‘i saying, ‘The
luded, the trial judge saying, T
or divectet Oe com 1 y he actually did.”
case the defendant filed motions question is as to what he ¢

ie ©
— er haps eo Coes Sake be, Whatever the purpose of the defendant in
on the failure to file

n, no offer of proof was
partment of mental diseases before the ler — yet paige eas thal Ral in:
begant Sheer en =. ir eS an tended to show the nature of the Large es
et oe dcteient, "Tae ceeenien re- the proven Pesca ee ee canen of
posture of as : terial for $s pur 5 ¢
garding the, Scat ae bare = ay en the trial, the witness was allowed to — .
disposed of. The motion base Ith to prove detail as to the difficulties ng: - lta
leged failure of the nay cc Rae a right- him in making the examination e ee
the aS Se he apart Gray, 583; ing at the conclusion he reached. ere
ly. Commonwea v. A ° pe poaslony

y vy. Heath, 11 Gray, 303. No on
eel te aces to rebut the pre- 14. Assignment of error based

‘ i - s thirty-eight to fifty relates to the ex-
pigs pe STAAL rn mas pod poent of ‘the medical history given by the
pocpag «Fee agen is "7 teats defendant to a physician. At one time state-
age ee ee ee ich ?. ments made by the defendant to the doctor
500, 8 Ciaran a Sea oa 212 attached to the department of mental dis-
ee nae greys Cas. 1913D, eases were excluded; later, these statements
1 ee NF : : were admitted as showing the reasons for the
na doctor’s opinion. There was no error mere

[15, 16] 11, Assignment of error based on 18] 15, We have difficulty in Sei ies

e stion thirty-five concerns the conduct of to what evidence exception fifty-five is re-
the an in excluding a question asked of the iaied. It would seem that the sucstion. pat
ard Sherlock, a state detective who had . the ccitness was allowed. If the exception
interrogated ars suleantos ge Deo referred to the hare of see ee ot
arrest. The. wities F% of the defendant, this was n
questioned the padaeeo ea Sig PF insanity, “Criminal ‘esponsibility does not

as then ask - foragereenei jo

teed “the Pi priest by the stenographers in ee oe yh cere Oe iace Tk Be
reading the testimony here in pegvig a of the prisoner is above or below that of the
question was excluded by the hag Tikeiok at- ideal or of the average or of t _ pr ioe
jection having been made by the on tbat but upon the question whether the < pt
torney. The defendant’s counsel state rs knows the difference between rig =
the question was asked to refresh the wit- wrong.” Commonwealth v. Stewart, 5

ness’ recollection. There was nothing "9 yyacs 9, 13, 151 N. H. 74, 44 A. Le R. 579.
emory of the witness : ROS
ite rye ely the question would {19] 16. This assignment of error

i y lear!

ave served no useful purpose. The judge in on exception fifty pean se ae read

reed Guselios and upon his own motion could appear that any _— Se eat Roane
vesttats an examination on irrelevant mat- The witness who m

es

COMMONWEALTH vy. BELENSKI Mass. 507
176 N.E,

tion was asked a question by the judge as to other ground, is not sufficient. Even if we
whether the defendant’s criminal responsi- assume that this exception is before us the
bility was affected. The witness testified defendant was not harmed by this testimony.
that the defendant’s criminal responsibility The answer of the witness tended to show
was not affected. Counsel for the defendant that the defendant’s intelligence was inferior
asked to have the answer stricken out. The to that of prison groups as a whole.

Judge refused to strike out the answer, and : ?

it does not appear that any exception was pide: ~ Phe ss a £ nbd bg
taken to this ruling. There was no error. Wer cone On. SEXLY- One: he defend-

ant’s counsel had been cautioned by the judge
[20] 17. Before permitting counsel for the concerning leading questions put to the de-

defendant to question the witness Dr. Hallor- fendant while testifying. When counsel asked
an as to the defendant’s statements of his the defendant, “After you hit him with this
past life, the judge required that it first be end [referring to the gun] you turned it
ascertained whether in the opinion of the wit- around this way [indicating]? the judge said:
ness the defendant was sane. There was no “No, Let him state what he did without you
error in this ruling. There was no error of putting the words into his mouth.” There was
law as to the form of questions and the or- no error here. The judge in his discretion
der of introductory evidence; much must be could refuse to permit such leading questions.
left to the discretion of the trial judge. Com- Commonwealth y. Sacco, 255 Mass. 369, 434,
monwealth v, Russ, 232 Mass. 58, 73, 74, 122 151 N. EF. 839.

N. E. 176.

[21] 18. Exceptions fifty-seven and _ fifty-
cight are the basis of the next assignment of
error. Prior to admitting the history of the «No» or that “he doesn’t remember” to certain
defendant as he related it to the witness Dr. questions; they were of such a nature as to
Halloran, the judge instructed the jury that require explicit answers.
these statements were to be received not as 23. Exception seventy, which raises thi
proof of the facts asserted, but as showing si eine a erece’ te A ‘ - : rd
the information which was before the doctor, Pinan but if it is ster ree We ‘i
and which served as the basis of the opinion h wane ene BY Piror 1s
he then formed. This instruction was prop- ao
er. Commonwealth vy. Colangelo, 256 Mass. [25] 24. Respecting assignments of error
165-167, 152 N. E. 241. We do not understand based on exceptions seventy-one, seventy-two,
that Dr. Halloran’s opinion was based on Seventy-three, seventy-four, seventy-six and
the opinion of Dr. Myerson, one of the ex- Seventy-seven, the defendant testified that he
amining experts, or that Dr. Myerson’s state- did not remember statements alleged to have
ment was before the jury. Dr. Halloran tes- been made by him on the day of his arrest;
tified that he personally examined the defend- that he was drunk and sick on that day and

ant; that his testimony was the result of on the day following.
his own personal examination.

(24] 22. This assignment of error refers to
exception sixty-five. There was no crror in
directing the witness to answer “Yes” or

The Commonwealth
was allowed to question the police officers who
19. This assignment of error is based on had the defendant in their custody with ref-
exception 58A. The defendant contends that erence to his sobriety and illness. The judge
the judge in suggesting to counsel for the admitted this testimony solely as bearing on
defendant how the defence should be conduct- the credibility of the defendant. This was
ed was in error. We find nothing in the rec- proper. Commonwealth v. Lavery, 255 Mass.
ord to support this contention. 327, 332, 151 N. E. 466.

- [22] 20. As to assignment of error based [26,27] 25. This assignment of error is
on exception sixty, the witness Halloran tes- raised by exceptions eighty-two, eighty-three
tified that the defendant was of inferior in- and eighty-six. At the close of the evidence
telligence but was not insane; that his mental the defendant filed motions for directed ver-
age was between ten and twelve years. On dicts. The motions were denied properly.
crossexamination the witness testified he The mental expert testified that the defend-
was familiar with statistics dealing with the ant showed no evidence of mental disease ;
mental age of prison groups. He was allowed that he was of inferior intelligence but not
to state that the mental age of such groups definitely feeble-minded, “his criminal re-
Was about twelve years, “it is somewhat above sponsibility is not affected”; that he is sane;
the mental age that I have given as being the that fecble-mindedness differs from insanity;
border line, somewhat above.” The assign- that statements made by the defendant to the
ment of error states that this testimony was mental expert showed that the defendant had
“inadmissible and highly prejudicial to the “sudden falls and unconsciousness” suggesting
defendant.” St. 1925, ¢. 279, § 1, adding sec- epilepsy; that epilepsy is not necessarily a
tion 38D to G. L. ¢. 278, provides that the form of insanity but could be. On the whole
specifie grounds of error shall be set forth evidence the question of the defendant's san-
and the statement that the evidence is inad- ity was for the jury. There was abundant
missible or immaterial or irrelevant, without evidence upon which the jury could have


502 Mass.

ORI Rae RMN MR ONG oe rate Oe

AA a

every inducement to seek for and ascer-
tain the truth.

12. Criminal faw €=485(1).

Where defendant’s counsel in murder case
sought to ask doctor whether two-inch stick

caused fracture, judge properly informed
counsel he could ask if, in doctor’s opinion,
two-inch stick could have caused injuries.

It did not appear that the doctor had any 18. Criminal law €>48.

had caused the fracture, and at most the Criminal responsibility does not depend

doctor could give only his opinion on ques- on mental age or on superiority or inferiority

tion whether injury could have been caused to average or normal mind, but on whether

by stick of that description. defendant knows difference between right and
wrong.

knowledge that a stick two inches thick

13. Criminal law 469.

Cross-examiner’s question whether, in
doctor’s opinion, it would help jury if gun
were sent to expert to determine whether
there was blood, hair, or injuries thereon, held
properly excluded.

doctor could have based an opinion; and,
if he answered in the affirmative, the an-
swer would have been founded on specu-

lation,

14. Criminal law €=570(1).

in absence of evidence rebutting presumption
of defendant’s sanity.

15. Witnesses €270(2).
Where detective testified he questioned de-

irrelevant.

Defendant’s counsel stated that question
was asked to refresh the detective’s recol-
lection, but there was nothing to show that
his memory was faulty, and, if it had been,
question would have served no useful pur-

pose.

16. Criminal law €>698(2).

Judge is directing mind at trial, and in his
discretion may, on his own motion, forbid ex-
amination on irrelevant matters.

17. Criminal law €>483.

Question whether doctor intended to re-
examine defendant, if asked to show nature
of examination, held properly excluded as im-
material (G. L. c. 123, § 100A, as amended by
St. 1927, ¢. 59, § 1).

It appeared that the doctor, who was
attached to department of mental diseases
and had examined defendant pursuant to
G. L. c. 123, § 100A, as amended by St.
1927, c. 59, § 1, after testifying that he
spent two hours or more in the examina-

176 NORTH EASTERN REPORTER

tion, was asked whether it was his inten-
tion at that time to make another exami-
nation, and that, when question was ex-
cluded, no offer of proof was made. It ap-
peared further that later in the trial the
doctor was allowed to testify in detail re-
garding difficulties encountered by him in
making the examination and in reaching
his conclusions.

19. Criminal law €>1054(1).

Where witness, having made mental ex-
amination of defendant in murder case, testi-
fied in response to judge’s question that de-
fendant’s criminal responsibility was not af-
. fected, refusal to strike out testimony held
There were no facts shown on which the not error, in absence of exception.

20. Criminal law €>483.

Judge’s requiring that, before questioning
doctor regarding defendant’s statements of
past life, defendant’s counsel ascertain wheth-
er, in doctor’s opinion, defendant was sane,
Commonwealth’s burden held sustained, peld not error.

21. Criminal law €=673(2).

Before admitting defendant’s medical his-
tory related to doctor, judge properly instruct-
; ed jury that history was to be received, not as
o— po . ti ages ee ; : oe proof of facts asserted, but as showing doc-
2 “ sneer yaoi noticed time: used. sn.PS & tor’s information constituting basis for opin-
testimony in court held properly excluded as Soni

22. Criminal law €>117042(5).

Where doctor testified that defendant in
murder case was of inferior intelligence, but
not insane, error, if any, in cross-examination
showing mental age of prison groups was
somewhat higher than defendant’s, held harm-

23. Witnesses €=240(2).

Judge’s admonishing counsel to let wit-
ness testify without counsel’s telling him held
not error; excluding leading questions being
within judge’s discretion.

24. Witnesses €~247.

Where questions required explicit an-
swers, directing witness to answer either
“Yes” or “No” or that he did not remember

held not error.

25. Witnesses 389.

Where defendant testified he was drunk
when arrested, and did not remember state-
ments, officers’ testimony regarding his sobrie-

€=For othe

r cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

COMMONWEAL SLEN
rt iy v. BELENSKI Mass 503

ty and
p Sam a: ee admitted as to farm hand and lived with them. Wi
: and Stanislawa Stefan : i
owicz were alive
hb haeee gcas. bsg gt ae In June inquiries were auae
; ; e whereabo i
Pdi = defendant's sanity held for wife, and when the dete ae ceo sleet
Jury, she a pests tottifed that, although about them he said the femant her ete
fends - inferior intelligence, his Chicago to s Sa Bis be
criminal responsibility was not affected. said the Monband bad cone to. Chic ie boa
nicago a
27, Wiad eons, eae ae was in Everett; at ctoar
bie: e said she was in L : :
cabitietiog, warranted first degree murder ness he said they had Sis to the ald der
Ee he said he was going to buy the Sark
Seti inn Gninigay, rgd and also the real estate owned by the
, etanowiczs, in Concord,
coman dnseructing Jury in murder case that hag from his brother. ae Teng <
urden of proof, judge New Hampshir : :
; he ; e, and $2, i
ould properly have added that commonwealth ance. In July, 1930, the defendant sold some
é some

had b i

urden of proving defendant's sanity, of the cattle on the farm in Stow and lect
s collect-
oi Onin WG exc vee ae! the Concord place. In June he
. ed to collect a check i
Suir eee av e instruction in form pre- liam Stefanowicz and at tis thrice A
; name was Stefanowicz, stating: “]’ .

é ; Zy g: “I'm the o!
se iets man’s brother.” The check, payable to Wil
C934, ). liam and purporting to be indorsed by him

Moti
ane le ae trial on ground verdict ig 25 later presented to another merchant, the
againa jaw and evidence is addressed to cream receiving in cash the difference
; ; etween the amount of the a
the face value of the peeled
a check. In Ju I
fendant said he had i rea
f ] ad received a letter fr
-_ Stefanowiczs; that they were sick eee
Seb dpisess e was going to send them some money. O
ig a Sarge ie convicted of murder hit occasions while Wincenty was alive he
i Wo separate indict- bad said in th P ; lant
ment g' dant be
J S tried together, and he appeals, that the defendant was i rs ee
Judgment on the verdicts, farm. There was also evidence fs a va
€ ence that in July
J. F. Daly, of Boston, for appellant. oe ey yee aie ae = a
pe i aid he had been to Mal ‘
fts, Ass’t. Dist. Atty., of Boston, Cia, that she was going to pe Pig wh
1e

Appeal from Superior CG
ourt, Mid
County; T. J. Hammond, jn ieeer

for the Commonwealth. farm on the following Wednéeday.. The a
CARROLL, J. vetina ie we te in August before the
i 10, of oe convicted on November discovered. B. Btetancwits. were
, , er in the first degree on The bodies of Wincenty and Stacia Stefan-

two sepée indi i i
tetetbent sistent oo soe One OWilcz were found on August 10, 1930, i
F e defendant with the Shallow gra ‘were badly
ingicenent, ok grave on the farm; they w 4
ae Wier eee otherwise decomposed and the cotidltHotia tactien tee tees
pon bevretaler amg of -_ other in- Several weeks had elapsed between the de Gas
& 2 defendant with the and the discover the
—: covery of the bodies .
poss ci Aches otherwise body of Wincenty there eal erabis at
, , the wife of Win- onthe neck and h ve
a ! ead, and the sk rac
filed by ie senso bier nag of particulars tured causing death. The boty of Kinedé als
4 n each case speci- closed m 4 brui Re coe
fied that the crime w ; — hea
2 as committed betw was crushed in; ay: yore
May 20, 1930, and Au the ross the fnce from :

; ; gust 10, 1930; that the ly runni one cheek—
Naga : ; e ng across the face f .
sah af the boner used in the commis- from the left cheek bone to the Tighe"; the
monwealth Se was unknown to the com- Skull was fractured; “the right exe forced

h. out of its socket * * * th 1 : ne
The evidence was as follows: Wincenty was broken into pieces.” pipet

Stefanowicz was about fifty-seven

Bouin oe st years old; The defendant was si i S

natin Haass nt "Toes porn years older August 12, 1930. He pigrteeag see

See cokes ina ia: Bek pant kien in trict attorney's office and there qudkden ri

oh We. eo tee sk wd usband Evidence was introduced of the questions a

jee Souniat ce eo : as thirty- to the defendant and his answers th hte
, or them as a In the course of this questioning the pelea.

@=For other ca
Se8 see same topic and KEY-NUMBER in all Key-Numbered Digests and Ind
exes


bs tio L CEASTEA/ 2< MASP

°

ATU AI

Ir WAS SOME MINUTES past 1 o’clock on
the early afternoon of August 1lth, 1945, that
11-year-old Stanley Davis of 54 Orchard Street,
Lynn, Massachusetts, headed across the Lynn
marshes for a swim. Cutting across the bulk-
head not far from the Point of Pines, he saw a
man lying face down a short distance from the
fence of the Open Air Drive-In Theatre.

Young Davis stepped lightly, thinking the
man was asleep, but other details became
shockingly clear as he walked closer. Fright-
ened, he turned and ran to the near-by gate-
house of the General Electric Company where
he told Special Officers Ralph A. Girard and
Stanley Donovan what he had seen. They ac-
companied him back to the marsh. Girard
gave a quick glance at the man lying on the
bulkhead. \

“This is a case for the police,” said Girard.
Donovan, rushing back to the gate-house, called
Lynn police headquarters.

Officers Andrew Tufts and Edgar Williams,
the first to respond, were speedily followed by
Chief of Police Edward D. Callahan, Chief In-

spector Charles T. Duggan and Inspector Wil-
liam J. Murphy. Medical Examiner Lawrence
F Cusick was also informed’ of the .case.

The police noted that the man, bare to the
waist, was clad in brown gabardine trousers,
white sox and tan oxfords. Of medium height,
he was heavily built with a well developed
physique and he had long light brown hair
which curled about the ears. The nails on the
fingers of one exposed hand were down to the
quick. Callahan pointed to what obviously
appeared to be the cause of death—a bullet
wound in the center of the back.

“Shot down from behind,” he commented.

Duggan nodded, and added that to him the
murder bore all the earmarks of an old time
gangland slaying.

Dr. Cusick was inclined to agree when he
appeared a few minutes later. Death, he stated,
had come three or four days before. Work-
ing with professional skill, his rubber-gloved
hands raised the body from its resting
place. From beneath the man’s folded right
arm, a white garment fluttered to the ground.
Callahan picked it up. It was a man’s white
shirt. He smoothed it out and glanced at the
neckband. There was no laundry mark.
Scrutiny of shoes and trousers disclosed no
visible means of identification. A search of the
pockets revealed nothing but a small black comb.


“Everything which would help us
learn his identity has been removed,”
he stated, ordering the body taken to a
Lynn mortuary for further examination.

Back at Lynn police headquarters,
perusal of the missing persons records
disclosed no one answering the descrip-
tion of the murdered man and similar
reports were flashed back from Boston
and near-by Revere. Callahan con-
tacted Commissioner of Public Safety
John F. Stokes of the Massachusetts
state police. Acting on Stokes’ instruc-

tions after a fruitless check of state
| police files, Chief of State Detectives
| Joseph C. Crescio broadcast a descrip-

tion of the body to all law enforcement
| agencies in the United States. State De-
tective Inspector Raymond L. Foley, at-
tached to the office of District Attorney
Hugh A. Cregg in Salem, was ordered to
Lynn to assist the local authorities.

During the autopsy performed by Dr.
Cusick and Dr. Alan R. Moritz, state
police pathologist, the death bullet was
removed from the body. Cusick gave
this to Chief Inspector Duggan who
turned it over to Sergeant Charles Van
Amburgh, state police ballistics expert,
for further study. Trousers, shoes, sox
and shirt were dispatched to the state

ee

Disposin
boasted 4

of gloves from Chelsea, Mass., bridge (above), killer
e could not be connected with murder of ex-Marine (right)

police crime laboratory. After much
painstaking labor, Inspector John Welsh
succeeded in securing the victim’s fin-
gerprint impressions. These were checked
against the thousands in Lynn, Boston
and state police files ‘without results.
Copies of the prints were then air-
mailed to the Federal Bureau of Inves-
tigation in Washington. by Chief of De-
tectives Crescio.

The body was transferred to the
Northern Mortuary in Boston as more
state police experts moved in to assist
the Lynn authorities. From Van Am-
burgh came word that the victim had
been slain by a bullet from a .32-cali-
ber revalver, probably of foreign manu-
facture. There was no further word on
the fingerprints and investigators re-
alized there was a good possibility this
lead might fail.

Earlier, the attention of Cusick and
Moritz had been directed to curious
discolorations visible on the man’s right
and: left forearms. a few inches above
the wrist. These had previously been
dismissed as bruises. The doctors inves-
tigated further and a removal of the
outer skin revealed them to be tattoo
marks. The name “Isabel” with star

and radiating dots had been pricked on

;

the right forearm; on the left forearmyyyn sped to H
was the name “Bob” with a second stajers where the:
and dots. The physicians stated that thype presence
tattoos were of comparatively recetpjjjon She
origin. on friendly te
Photographs of the tattoo designs wettgop Williams
promptly distributed by ‘special me%whom most fol
senger to the Boston and state police deg, «mex Tes
partments as well as to police in towtpjg tattooed or
and cities in and about Massachusetts-same design a:
particularly those in the northern polthe photograp!
tions of the state. With these photopey had the nx
graphs went the request that they byails and that
given the widest possible publicity. Frottg the quick.
Washington came word that although th «when was t}
air-mailed fingerprints had been checkephim?” Foley in
against the millions in the criminal an’ “geyera] we
civilian FBI file, no corresponding printplied. Questio
had been located. A search was beiNasserted she w:
continued among the prints of membelgeen Williams
of the armed forces. of August when
Some hours after the distribution ¢rom sight. Sh:
the tattoo photo prints, word reacheJarly worried,
Foley from Lieutenant LaGasse of thtaken him out <
Haverhill, Massachusetts, police depart, Mindful that
ment. A young woman, Miss Isabéfrst had assoc
Loud, had informed the police that shgangland back
recognized the tattoos as similar tnumerous ques
those which had been done on the ‘forénections of thi
arms of 18-year-old Robert Williams. to Haverhill a ;
Foley and Chief Inspector Duggan ud could tel!
thorities stated
fin trouble wit!
good reputation
/ Miss Loud w
ern Mortuary ir
fully identified
oung Haverh
Washington car
_fthe service fil
{prints ,as those
hose last know
Yndiana. With
Jelosed a photog
while he was in
orps.
Taking into
meeyoung ex-Marir

Chief |


(Continued from page 37) It was, he saw,
a medium priced Sarnoff-Irving hat, sized
7%. Inside were cleaning numbers 946-
509-9781. Foley left soon after with the
hat and a list of persons who had wit-
nessed the robbery, many of whom lived
in Haverhill, Lawrence and other north-
ern Massachusetts communities.

Back in Haverhill, he showed the hat to
persons who had known Williams. While
some of them thought it looked like one
which the taxi driver had worn, none

Soon after crime,
he shipped out to
sea as a steward

could make a positive identification. Nor
were any sales records available in any of
the stores selling the Sarnoff-Irving brand
of hat. Foley eventually sent the hat to
state police headquarters in Boston with
the request that the cleaning numbers be
checked against the master list on file of
all cleaning marks used throughout New
England.

Up to this point all information seemed
to indicate that Williams had not been
seen about town after the early evening of
Friday, August 3rd. Foley, in company
with LaGasse, Dillon and Duggan, sought
to learn more regarding the last known
movements of this youthful taxi driver.
At this time it came to their attention that
he spent many hours at a Haverhill hotel
known as the Brown Derby and made a
number of telephone calls from there. A
check on the hotel telephone record dis-
closed that late in July and early in
August he had made several long distance
Boston calls. Several of these were to
Charles L. Mantia at the Myles Standish
Hotel and others to the same person at
the Hotel Essex.

Foley ran down to Boston for a con-
ference with Police Commissioner Thomas
F. Sullivan at Boston police headquarters
on Berkeley Street. The commissioner was
interested in what the detective inspector
had to say, particularly regarding the
Newton bandits. He thought there might
be a tie-in with a recent Hanover Street
jewelry store robbery. He referred Foley
to Special Officer Hazen Chalmers of Di-
vision 1 who was in charge of the case.

Chalmers scanned the descriptions and
thought one of the men involved in the
Baboot stickup could be a Charles L.
Mantia. Foley’s interest quickened.

“That’s the name of the man Williams
called from Haverhill,” he exclaimed.

Chalmers stated that Mantia was a bar-
tender who had maintained rooms at both
the Essex and the Myles Standish, reput-
able Boston hotels. He had come to the
attention of the Boston police when it be-
came known he was a close friend of two
suspects in the Hanover Street robbery.
“We have kept him under constant surveil-
lance hoping he would lead us to them,”
he stated, “and then on August 27th, he
suddenly left town.” Asked for further
details, Chalmers said that on the early
evening of that day, Mantia had left a
taxicab in which he was riding with two
other men, not the Hanover Streef{ sus-
pects, while they were being trailed by
detectives, and had hastily boarded an
elevated train at Sullivan Square in
Charlestown, got off at the North Station

DEATH RIDE.

and purchased a ticket for Lewiston,
Maine.

“Do you think he felt that the police
were getting too close for comfort?” the
state detective asked.

“I couldn’t say,” the Boston officer re-
plied, “but something unusual must have
started him off for he had no baggage. He
was in a very nervous state when he
entered the railroad terminal and bought
his ticket. The train was not scheduled to
leave for three-quarters of an hour, but as
soon as it was made up, he asked the ccn-
ductor if he could get on board and he
didn’t step foot off it again. We had no
reason to hold him and so we let him leave
the state.”

The “something unusual” which the Bos-
ton officer had commented upon, was in-
deed just that, as will later be seen in
this story.

“And is that the last you know about
Mantia?” Foley questioned.

“Not at all,” was the smiling reply. “He’s
tending bar at a hotel on Middle Street in
Lewiston.”

Foley checked with Commissioner
Stokes, then with Callahan and Duggan
in Lynn before contacting Captain Gray in
New Hampshire. On Saturday, Septem-
ber 29th, Foley, Chief Inspector Duggan,
Gray and others arrived in Lewiston
where they went directly to local police
headquarters, From there they sped to
the hotel where the suspect was reported
to work. Mantia, polishing glasses benind
the bar, looked up as they approached.

“Ll was fleeing
for my life," he
told detectives

“We want you, Mantia,” Duggan told
him. He made no attempt to resist arrest
and readily agreed to return to Massachu-
setts.

There his cooperation ceased. Brought
to Lynn police headquarters, he refused to
answer any questions about Williams and
denied that he ‘had anything to do with
the $1700 Baboot stickup.

_ “You can’t deny that you knew Wil-
liams,” Foley informed him. “He called
you at your hotel rooms in Boston.”

“That doesn’t mean I knew him,” Mantia
countered.

“Maybe not,” the detective inspector
conceded, “but you knew him well enough
to call him back.”

“What do you mean by that?” Mantia
asked, visibly taken back.

“Every hotel keeps a record of all calls
made by their guests,” Foley patiently ex-
plained. “They show that you made sev-
eral calls in July and early in August to
Haverhill 6394—the Brown Derby on
Washington Street where Tex Williams
hung out.”

Mantia would make no admissions. Put-
ting him in a police car, they started for
the Lawrence office of District Attorney
Cregg. Mantia did not speak until he
was some miles out of Lynn.

“How do you expect me to talk on an
empty stomach?” he said.

Detectives slipped into a diner to get him
an egg sandwich while he remained in the
car. They continued on their way. Mantia
remained silent, the paper bag. containing
the sandwich clutched in one hand.

At Lawrence, witnesses fingered him as
one of the four bandits who had taken part
in the Baboot holdup at Newton during the
early morning hours of August 4th. Mantia
remained unimpressed. Acting upon im-
pulse, Foley suddenly produced the brown
felt hat left behind in the stolen Buick.
Mantia eyed it uneasily.

“Why try to lie?” Foley said in a dis-
gusted tone. “We know much more than
you give us credit for knowing. This hat
has been positively identified as the prop-
erty of Tex Williams.”

“That’s what they were afraid of,” Man-
tia exclaimed impulsively—and stopped.

Foley smiled inwardly. His subterfuge
had worked. “Was that the reason you
jumped town for Lewiston?” he queried
shrewdly. “You felt that the police were
too close on your trail?”

For the first time, a half-smile creased
Mantia’s lips. “Brother, you don’t know
the half of it,” he retorted. “That was the
night when I would have greeted any cop
with wide open arms. I was fleeing for
my life.”

“What do you mean by that?” District
Attorney Cregg cut in sharply.

“I was in the same spot as Tex,” the
prisoner admitted soberly. “Only I had a
chance and he didn’t.”

He unwrapped his sandwich and began
to eat. Between mouthfuls, he began to

’ talk. If he was to be believed, he had veen

approached by Williams during the early
summer. The taxi driver asked him if he
knew of anyone around Boston who would
be interested in sticking up a dice game
at Newton, New Hampshire, with a prob-
able take of between $5,000 and $10,000.
Mantia contacted two gangster gunmen—
34-year-old Edward F. Gertsen, known as
“Dutchy,” and 30-year-old Phil Bellino.
After several meetings with Williams, they
planned the robbery for the early morning
of Saturday, August 4th. Williams said he
was so well known he would take them
there but remain out of sight. A fifth man,
Joseph Cavagnaro, alias “JoJo,” joined
the gang. The five men, including
Mantia, drove the stolen Buick to the
Newton camp where the game was being
held.

A man came out with a flashlight to ask
what was wanted. Williams, who was sup-
posed to turn the getaway car around
while the stickup was taking place, ducked
down so that he wouldn’t be seen. Dutchy
Gertsen and Phil Bellino jumped out of
the car, guns in hand; they told the lookout
that it was a holdup and marched him in-
side; Mantia and Cavagnaro followed. Lat-

He was worried
about hat left
behind by one of

his accomplices

er Mantia returned to find the getaway
car smashed and Williams gone. He re-
ported this to Bellino and the gang went
back inside. During the excitement of the
return visit, Iconia, one of the players,
was shot through the head. Bellino got the
keys of a Chevrolet. from another victim
and the gang made their escape. They had
gone but a half mile when they caught
up with Williams who flagged them down,
He said he had left his hat in the Buick
but Gertsen told him not to give it a sec-
ond thought, that it could never be traced
for there were a lot just like it. Gertsen

was plenty upset
away from a ki”
had to leave hi

crafty enough :

was worried.

“I am never 8
sight,” Mantia
telling Williams
you.”

And the unfor!
pect the siniste!
hind those words
night club wher:
en car; later the
where they divic

“T understand
one of the dete

“IT didn’t see a
denied. ‘We eac
Tex who only go!
concerning this,
sen and Bellino
that he couldn't
mind, they not
the liquor const
hideaway but a
Neither Gertsen
serted, intended
turn to Haverhi!
the police work:
would trace ow
“would open up

As Mantia tal}
folded, the office
Tex Williams’ f:
picture of this e
eran held priso:
unscrupulous gu
one. For four da

him as a cat
Tuesday evenin:
turned to the ay
the excitement
were taking hi
had a cab dow:
going to a part)
“Tex was tol
between Phil
front with the
when we got t
the driver to g
got to the Gen
he told the driv
wanted to go a
man made a U'
the Open Air 1
and Tex to he!
mobile plate th:
and the three
Mantia pause
his sandwich \
But each of t!
doomed youth
machine and c
help that woul:
forward into |
late marsh, Th
the room as M
“I stayed w
minutes later |!
two shots. Dt
alone. The dr
pened to Tex
spending the r
and to drive b
back I heard I
Tex to take of »
wouldn’t attra:
Later, Mant


-m; on the left forearm] ynn sped to Haverhill police headquar-
Bob” with a second staffers where they talked to Miss Loud in
hysicians stated that th€the presence of LaGasse and Sergeant
f comparatively recentpilion. She stated that she had been
; fon friendly terms for some time with

f the tattoo designs Wer@ Bob Williams, a local taxicab driver,
ibuted by ‘special Me€Sfwhom most folks around Haverhill knew
oston and state police dejgs “Tex.” Tex had had her name and
vell as to police in town$his tattooed on his forearms, using the
1d about Massachusetts—fgame design. and lettering as shown in
»se in the northern pOrfthe photograph. She also added that
tate. With these photofpex had the nervous habit of biting his
he request that they b@hails and that they were usually down
st possible publicity. Fromito the quick.
me word that although th@> «when was the last time that you saw
erprints had been checkeGhim?” Foley inquired.
ilions in the criminal ang “Several weeks ago,” Miss Loud re-
e, no corresponding printiplied. Questioned further, she finally
red, A search was beinffasserted she was sure that she had not
ng the prints of memberfgeen Williams since the third or fourth
orces. ‘of August when he had suddenly dropped

after the distribution Offrom sight. She had not been particu-

‘to prints, word reache§Jarly worried, thinking business had
ieutenant LaGasse of thétaken him out of town.
ssachusetts, police departf} Mindful that his department from the
ang woman, Miss Isab@first had associated the crime with a
ormed the police that shfgangland background, Duggan asked
.e tattoos as similar t{numerous questions regarding the con-
ad been done on the‘foreffections of this youth who had come
ar-old Robert Williams. _}to Haverhill a short time previous. Miss
‘hief Inspector Duggan OfLoud could tell him little but local au-
dthorities stated Williams had never been
fin trouble with the police and bore a
}good reputation about the city.

} Miss Loud was brought to the North-
Fern Mortuary in Boston where she tear-
fully identified the body as that of the
Yyoung Haverhill taxi driver. From
| Washington came word that a check of
ithe service files had established the
prints as those of Robert Williams, Jr.,
whose last known address was St. Croix,
Indiana. With this information was en-
Wclosed a photograph of the youth taken
“while he was in the United States Marine
Corps.

. Taking into consideration that the
@ young ex-Marine had been a taxi driver,

Chief Inspector Charles Duggan (right) of Lynn and State Detective
Raymond Foley (below) cooperated in solving the cold-blooded murder

ee

3 |

it began to appear more logical that Wil-
liams, wittingly or unwittingly, could
have been involved in some way in an
underworld crime. If such was the
case, it probably had taken place during
the first week in August.- A check in
and about Massachusetts by Foley failed
to reveal any such crime. He slipped
over the border for a chat with Captain
Herbert F. Gray of the New Hampshire
state police.

The captain. was acquainted with
Williams, who, he said, frequently drove
fares to Newton, New Hampshire, for the
undercover Baboot games in which thou-
sands of dollars were said to change
hands.

“What is Baboot?” Foley asked.

“It’s a popular gambling game in this
region,” the New Hampshire officer re-
plied. “It’s played with a pair of dice
in which the shooter bets on lucky
shakes with the gambling house taking a
percentage of the winnings.”

Foley further learned that on the
morning of Saturday, August 4th, a
stickup by four bandits had taken place.
During the robbery which was said to
have netted some $1,700, a man by the
name of Péter Iconia of Haverhill, had
been shot in the head and badly in-
jured.

According to the description given to
the police, the leader of the gang was
an Italian between the ages of twenty-
five and thirty. He weighed about 140
pounds, was slimly built and about five
feet, eleven inches in height. He was
armed with a revolver, wore a soft hat
and a dirty light gray coat. The second
gunman was described as being from
twenty-five to thirty years old and
about five feet, two or three inches. tall,
weighing about 130 pounds. An Italian,
he had a medium complexion, heavy
black eyebrows and a large nose. A big
white felt hat with a wide brim was
jammed over. his forehead and he was

o%

wearing a brown coat. He carried a
small black gun. The third man, also
an Italian, carried a small gun in his
hand; appeared to be about twenty-eight
years old, had a medium complexion and
was about five feet, eight inches tall. The
police had no description of the fourth
man.

“How about Tex?” Foley asked. “Could
he have been involved?”

“If he was, he kept out of sight,’’ Cap-
tain Gray replied. “The fourth man
positively was not Tex.” After the gun-
men made their haul, Gray continued,
something went wrong with the getaway
car. Returning to the game, they forced
one of the victims to surrender his auto-
mobile keys and drove away in his
Chevrolet.

“Was it ever recovered?”

“We picked it up later in the day in a
parking lot at Revere.”

The original getaway car, the Massa-
chusetts detective inspector was told,
had been a Buick, the property of a
Wisconsin physician. The automobile
had been reported stolen in Boston on
July 29th. In this car a soft, brown felt
hat had been found which the owner of
the car insisted was not his property.
Gray produced the hat and Foley studied
it with interest. (Continued on page 66)

24 The Master Detective

had slept when he, the nephew, was living with his aunt
and uncle. This room, too, was badly disordered, and the
bed disheveled.

Twombly found an old felt hat and a pair of overalls
rolled up and tucked into a fold of the sheet, as if an at-
tempt had been made to hide them. On the pillow was
what the undertaker instantly recognized to be a long,
narrow clot of blood.

Skirton had been watching him stolidly.

“Have you notified the police?” Twombly demanded.

“No, | have no money,” was the surprising reply.

“You don’t need any money to report a case like this to
the police,” Twombly retorted. “I think a crime has “been
committed here, and officials should be informed.”

E told Skirton to come with him, and left the house;
locking the door and putting the key in his pocket.

Two of the men who had been sitting on the porch when
Twombly arrived, identified themselves as Charlie George—
a Greek living on a small adjoining farm; and John
Stavicz. They said they had been hired by “Joe” to work
on the farm after William Stefanovicz went to Chicago.

“Where's Joe?” Twombly asked Charlie George.

“T don't know,” the Greek answered. “He went away a
week ago last Monday. I saw him afterward in Hudson,
and last Saturday night | saw him down around my house.
| said to him: ‘You damn fool! What you come down
around here for? Don’t you know the cops are looking
for you?’ Joe said to me: ‘Why? I haven’t killed anybody!’ ”

“Why did you tell him that?” Twombly demanded, and
the Greek replied:

“Joe sold some cows off this place to a man, and the
man gave him a check and Joe cashed it. The man didn’t
like the cows because they weren’t milch like Joe told him,
so he told his bank not to pay the check. But Joe had al-
ready cashed the check somewhere else, and the bank im-
mediately went to the police and is trying to get the money
back so they won't be stuck and have to make it good.”

Ps
:
?

is

>

<

Mrs. Christiana ;Lubin, cousin of the Stefanoviczes,
examines clothing of Mrs. Stacia Stefanovicz on the
bed that had been strangely moved from one room to
another. The presence of the clothing was inexplicable

Charlie George told Twombly that he had been working
on the Stefanovicz farm since the Ist of June, and for
several weeks before then, he had passed the place nearly
every day, but hadn’t seen Mr. and Mrs. Stefanovicz during
this entire time. He said he was promised twenty-four
dollars a week, and after Joe had gone away without pay-
ing him, he had consulted a lawyer and got himself ap-
pointed keeper in charge of the farm truck; on which an
attachment had been filed.

STAVICZ said he had been hired about a month after
Charlie George. A friend in Hudson had told him
that the manager of the Stefanovicz farm in Stow was
looking for another man, so he had come over and got
the job. He hadn’t been paid, either, Stavicz explained.

Undertaker Twombly was sure that something was wrong
—terribly wrong. Having responded to the plea for
assistance in his usual debonair manner, half expecting to
encounter some simple misunderstanding that he could
easily untangle, Twombly was now convinced that he had
bumped into a puzzling mystery—a sinister mystery, he
felt, on which the police ought to be set to work without
a moment’s delay.

The case was too involved for the local authorities to
handle alone, with the limited resources afforded by the
modest police department maintained by the sleepy little
town of Stow. He wanted the Middlesex District At-
torney’s office to send its cleverest detective up there to the

peacel

among

overlo
valiey
north
cover
Willia:
ous
elder!
the
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prise
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vorking
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to the

Stow Farm’s

(Above) Left to right: Charlie
George, State Trooper Roy Berg-
strom, Warren Twombly and John
Stavicz, at work excavating for
some clue to the mysterious fate
of the occupants of the farm

peaceful village nestling
among the. low hills that
overlook the Assabet River
valley — thirty miles west-
northwest of Boston—to dis-
cover what had become of
William Stefanovicz, prosper-
ous Stow farmer, and_ his
elderly wife, Stacia. There was
the strange disappearance of
“Joe” to be investigated, too.
“[’m going for the police,”
Twombly announced. “You people stay
right here until I get back.” He invited
Skirton to accompany him, but much to his sur-
prise, the nephew seemed quite reluctant to do so.
“[ have no money for the police,” Skirton again declared.
When Twombly got into his car and stepped on the
starter, Skirton suddenly changed his mind, however, and
stepping into the automobile, seated himself beside the
undertaker from Maynard.
l'wombly stepped on the gas and headed for Concord,
the nearest barracks of the State Police Patrol. There he

Uncanny Secret 25

b Ad

(Left) John Eshtook, the seventeen -
year-old youth of 192 Central
Street, Hudson, who with three com-
panions and a curious dog, un-
earthed the solution to the weird
enigma of the Stow Farin

quickly outlined the situa-
tion. Corporal Raymond
Foley and Trooper John P.
Regan accompanied Twomb-
ly and Skirton back to the
Stefanovicz farm. There the
undertaker showed them the
things he had noticed, which
he believed to be important
clues. The officers agreed with
him. They decided to guard the
house, hold the witnesses there, and
get word immediately to the Middle-
sex District Attorney.
The brief details that came over the telephone
impressed me with the fact that we had an ex-
traordinary mystery to solve. Detective Lieutenants
Edward P. O’Neill and Edward J. Sherlock—assigned to
my office by the State Police—were ordered out on the
case at once. Peculiar facts were soon uncovered by these
veteran investigators, and I hastened to Stow to take per-
sonal charge of the inquiry.
Following up the clue of the (Continued on page 63)

April, 1932

The Master Detective

Stow Farm’s Uncanny Secret
(Continued from page 25)

box of pills, we found that William
Stefanovicz had visited the Acton Drug
Company, in the near-by town of
Acton, on May 2lst, to fill the pre-
scription given him by Doctor Middle-
ton. The day before that, he and his
wife had visited a bank in Concord
and paid in some money. We were
unable to find anyone who had seen
them after they left the drug store in
Acton.

But since then, we soon learned, the
rents had been collected regularly from
the tenants of the Stefanovicz property
in Concord. The man who made the
collections was not William Stefano-
vicz, however. He was described as
being about five feet, eight inches in
height; weight about one hundred and
fifty pounds; medium complexion; light
hair; not over forty years old; and
rather roughly dressed. This stranger
was understood to have purchased the
Concord property, and also the farm
in Stow,

Charles Chares, of 38 Houghton
Street, Hudson, a nephew of Charlie
George, told us that he too had worked
on the farm for a short time, and
“drunken parties” had been held_-there.
He had been hired by the mysterious
“Toe,” and never saw Stefanovicz or
the latter’s wife.

About two weeks before, he re-
lated in response to questioning, a
man from Hudson known to him
as “Tony,” and reputed to be a
bootlegger, had come to the house
accompanied by a young woman, and
asked for Joe, who was supposed to
have gone to Brockton to engage a
housekeeper. The supposed bootlegger
and his feminine companion had re-
mained at the Stefanovicz place for
several hours visiting with the farm-
hands, and a large quantity of liquor
had been consumed.

SKIRTON was questioned at length,
and he told us he first discovered
that his aunt and uncle were miss-
ing when he went over in June to visit
them. His aunt was sixty-five, and
his uncle seven years younger. He
was sure there could have been no
trouble between them because they
were devoted to each other.

He told of his surprise and anxiety
when Joe informed him that Stef-
anovicz had gone to Chicago to submit
to a serious operation by a famous
Polish surgeon. Skirton said he visited
the farm again on the Fourth of July,
and again later in the month. At that
time, Joe told him he had purchased
the property of Mr. and Mrs. Stefano-
vicz in Stow and Concord—using
money that had come to him from the
life insurance of a brother who had
been killed in Vermont.

Our investigation indicated that Wil-
liam and Stacia Stefanovicz had ap-
parently disappeared together in the
latter part of May. We could find no
one who had seen either of them after
May 2Ist, when they left the drug store
in Acton. But we were sure they had

returned to the farm that evening, be-
cause the clothing they had been wear-
ing in Acton was in the house. The
stories of several persons indicated that
the mysterious Joe had disappeared
within the last few days.

Had Joe murdered his employers
as part of a ghastly plot to obtain
possession of their property? Or had
the missing man himself been the victim
of a still deeper and more mysterious
plot? Were there three murders to be
solved?

AFTER hours of exhaustive investi-

gation, we had little more than
mere suspicion on which to base a
murder theory. Until the bodies were
located, or some tangible evidence of
foul play in connection with the dis-
appearances unearthed, continuance of
the investigation, we fully realized, was
based only on suspicion.

And yet our conjectures were based
on facts that impressed me as most
convincing in their significance. The
“best clothes’ that Mr. and Mrs.
Stefanovicz always wore when they
went away from home, were still in the
house, but their working clothes were
missing. Their automobile was. still
there, too.

Detectives O'Neill and Sherlock
agreed with me that the solution of
the mystery was probably right there
on the big farm, despite the failure of
the State Police Patrol and a fast-
growing posse of citizen volunteers, to
unearth anything.

“Look for a place where the surface
of the ground has been disturbed
by digging, probably ten or eleven
weeks ago,” were the instructions given
to the searchers. At this season of the
year, however, during the time which
had elapsed, I realized that consider-
able weeds and grass were likely to
have sprung up. Yet there should be
some signs remaining even now, if the
bodies had been buried somewhere on
the farm.

There were four days of intensive
searching and digging. Undertaker
Twombly was indefatigable in his
efforts. He sweltered in the hot sun
and acquired painful blisters on his
hands, but refused to quit. There were
several places around the potato field
and elsewhere on the open ground
about the farmhouse, where it was
quite apparent that large holes had
been dug several weeks before, and then
filled in again. All of these places
weré patiently excavated.

In one was found the remains of a
horse. In another a dead cow. Several
places where holes the size and shape
of a grave had been dug and then re-
filled with the earth, contained noth-
ing. What did this mean? Were these
false clues intentionally left by the
murderer to hinder and discourage the
search with his sardonic humor? Or
had he been surprised or frightened
away before the consummation of all
his plans?

O’Neill and Sherlock were concen-

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64

trating on the effort to find some trace
of the mysterious Joe and to dig out
his past history. His name, we had
learned, was Stefanoski, and he had
appeared in the neighborhood about
two years before. No one seemed to
know anything about his past before
he went to work in Maynard for the
sewer department; where he was known
as “Whitey.”

The State detectives patiently and
thoroughly covered every lead they
could dig out, and I felt confident
that in time, their efforts would be
rewarded by the discovery of some
definite information about this myster-
ious character, who had become the
central figure in the mystery.

Bits of information about the affairs
of the farm and its missing owners
were coming in from various sources,
and slowly we were piecing these frag-
ments together.

Chief Peter Larson, of the Stow
police, reported that a grain merchant
had recently seized six cows as security
for an unpaid grain bill, and Joe Stef-
anoski had, just before he disappeared,
sold at least six more cows off the place.
We learned, too, that the missing farm-
hand had been collecting the money
due for milk and produce. And his de-
scription also tallied with that of the
man who had continued to collect the
rents in Concord—telling the tenants
there that he had bought the Stefano-
vicz property, and was now in charge.

THE story Charlie George told about

a check cashed by Stefanoski was
true. The missing man had endorsed it
by marking a cross on the back—sug-
gesting that either he could not write,
or had been clever enough to avoid
forging the name of William Stefano-
vicz, to whom the check was made out
by the cattle buyer who had stopped
payment on it. Charlie George also
claimed that two hundred and forty
dollars were due him for ten weeks’

The Master Detective

wages—twenty dollars of which he had
received on account.

Both the Greek, and Stavicz, the
other farm-hand, admitted that they
had been persistent, to express it mild-
ly, in their efforts to collect overdue
wages from Stefanoski shortly before
he disappeared. But he had put them
off each time with all sorts of excuses.

Mrs. George W. Edson, wife of a
former member of the State Legislature,
told us that she had become quite
friendly with Mrs. Stefanovicz ase a
neighbor, and described her as a cul-
tured Russian-Polish woman who in-
tensely disliked the farm and its isola-
tion. Mrs. Edson stated that Mrs.
Stefanovicz had confided in her that
she had a premonition of danger if
she continued to live in the farmhouse,
and that she would have given every-
thing she possessed to be able to get
away at once,

Stefanoski had sometimes come to
her home to use the telephone after his
employers dropped out of sight, Mrs.
Edson continued. The man_ usually
talked Polish to the persons he called.
When she asked him about Mr. and
Mrs. Stefanovicz, he replied that “the
old man” was sick in Chicago and
would probably die, and that his wife
was staying with relatives while he
was being treated.

An immediate effort was made to
trace the telephone calls reported by
Mrs. Edson.

Our intensive inquiry led us to an-
other witness, Alexander Dymsza, of
123 Old Harbor Street, South Boston.
He was an old family friend of the
Stefanoviczes, who said he visited the
farm late in July, after several letters
he had written remained unanswered.
Dymsza’s statement in substance was
this:

“T found Joe Stefanoski there with
two strangers. He told me that my
friends had gone to Chicago to be
treated by a Polish doctor, and that

Chief Peter Larson, of the Stow Police Department, questioning relatives and
friends of the missing couple. Their nephew Vincent Skirton is the man on the left

Stefanovicz would ‘probably die.’ Stef-
anoski said Mrs. Stefanovicz had re-
turned from Chicago alone, and then
gone away again to visit a relative in
Billerica, Massachusetts.

“He said he gave them five hundred
dollars cash for their trip to Chicago
as the first payment on the farm in
Stow and the house in Concord, for
which he was to pay twelve thousand
dollars. This seemed peculiar to me,
because I knew my friend Stefan-
ovicz wanted at feast twenty-four
thousand dollars for the two pieces of

property.

a | ASKED Stefanoski how long my
friend had been gone, and he said
three weeks. Later he changed it and
said Mr. and Mrs. Stefanovicz had
been gone more than a month. I asked
him where he got the five hundred
dollars, and he replied that his. brother
who was in the Army had died, and
that he was to receive his Army in-
surance of seven thousand dollars.

“Then Stefanoski said he would go
out to get us some wine, and my
family and I waited an hour and a half,
but he didn’t come back, so we went
home to South Boston. I haven’t seen
him since. | think he is a bad man
and a liar.”

By Saturday, August 9th, the great
poacity given the case by an eager
orde of newspapermen was bringing
me a veritable avalanche of “tips” and
“information,” of which only a very
small fraction promised to be of the
slightest value. Hundreds of curiosity-
seekers thronged to Stow, and _ police
guards had to be augmented to pre-
vent souvenir-hunters from lugging the
movable portions of the Stefanovicz
farm away.

One of, these visitors was Mrs. Delcia
Bowser, of Oak Street, Hudson; em-
ployed as a waitress in a roadside
stand in Woburn. She eagerly ques-
tioned several of the officers, and soon
attracted the attention of Warren A.
Twombly, the enterprising and ener-
getic Maynard undertaker who was still
searching for buried bodies with un-
abated zeal. He engaged her in a con-
versation, with startling results.

“I know this fellow ‘Joe’ you are
looking for,” she presently remarked
to Twombly. “I met him about three
weeks ago. I was over here with the
boy friend, and I had a lot of fun help-
ing Joe with the haying. I had my
little camera with me and I made Joe
let me snap his picture. He didn’t
want me to get it, but I did.”

Twombly managed to restrain the
eagerness he felt, from betraying itself
in his voice. “What became of the pic-
ture?” he inquired.

“Oh, it’s over there in my car. I'll
get it for you if you'd like to have it,”
offered the young woman.

In a few minutes after that, the

B dry ie photograph of the man who

ad become an elusive will-o’-the-wisp
in our investigation was in official
custody, and Detective Lieutenant
Sherlock was making arrangements for
the little snapshot to go to Captain
of Detectives Thomas E. Bligh to illus-
trate police circulars I proposed to
have broadcast throughout the country.

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Special Investigator Joseph Glancey, below,
co-author of this story, aided in solving the
mysterious disappearance of Mr. and Mrs.
William Stefanowitz, right, after a field hand
had taken possession of their farm.

Solving a crimson mystery, Massachusetts
police bring a brutal murderer to justice.

Bt. ina remote section of Stow, Mass. It was the beginning of summer. The fields
and trees as far as the eye could see, were the lively, healthy green of orderliness and
expert care.

The woman remembered a previous visit. The place looked run-down, neglected. Since
then she had heard that her uncle and aunt, the elderly William and Stacia Stefanowitz,
had engaged a farmhand to help them with their 153 acres.

The woman, Mrs. Annie Bobmis of nearby Maynard, knew the hand’s name was Joe,
but she had never met him. Now, as she knocked a secorid time thinking this Joe must
indeed be a good farmer to keep the place looking so well, the door suddenly
opened.

The figure standing in front of her was neither her uncle, who was 58, nor
her aunt, a woman of 63. It was a small, partly bald man who appeared to be
about 40. She knew he must be the new farmhand.

“You're Joe?” she said.

The man in the doorway nodded, saving nothing. But he eyed his visitor
suspiciously.

“I’m Annie Bobmis from over Maynard way,” she explained, accepting
his brusque identification. “I've come to see my uncle and aunt.”’

Joe Stefanosky, whose name was similar to his employer's, failed to move
from the doorway. He dropped his abrupt tone for one more conciliatory.

“Old couple not here. Uncle go to Chicago last week to see doctor. Aunt,
she go too. Uncle’s stomach very bad so he go to hospital. Poor man, I think
he die there.”

Mrs. Bobmis was taken back. “It's strange they'd go away without tell-
ing us!”

The man hastened to explain. ‘Uncle go see doctor at Acton and he say
uncle need operation. Old couple decided sudden-like they go to Chicago.
Maybe no time to let anyone know.”

ows, ) A MIDDLE-AGED woman knocked timidly on the door of a two-story farmhouse

The woman seemed partly satisfied. “Did they take their things?” she
inquired,

The farmhand thought a moment. “They take big trunk so I guess they
take all their clothes.” ' ,

Mrs. Bobmis thought it strange that Joe didn’t invite her into th

She asked the farmhand to let her know when he heard from the coupl
with Joe’s promise to do this she went away,

®


If Mrs. Bobmis was surprised by her
relatives’ sudden departure from the
farm they had purchased only three years
before, neighbors of the pair who were
known throughout the countryside as
‘Mr. and Mrs. Stevens,” were doubly
mystified. For although certain friends
had seen the couple several times a week
they had known nothing about the old
farmer's illness or about the pair’s plans
for a trip to Chicago.

Among these was Mrs. George W.
Edson, wife of a former state represen-
tative whose farm just over the Stow
line in Hudson, was nearest to the
Stevens’.

Mrs. Edson wasted no time in convey-
ing the news to her husband along with
her fears.

She knew Mrs. Stevens, as she al-
ways called her, was not an ordinary
farmer's wife but a cultured, educated
Russian-Polish noblewoman whose two
brothers were instructors in the Uni-
versity of, Warsaw. She knew, too, that
the woman had been compelled to give up
the comforts of a modern home in Con-
cord to satisfy the whim of her husband.

“T don’t like the whole thing, George,”
Mrs. Edson told her husband. “You
know that Mrs. Stevens hated the farm-
house and everything in it so bitterly that
she would have told everybody on earth
if she were planning to go away for any
length of time.”

The husband admitted the logic of her
deductions but urged extreme caution,

“You might be all wrong,” he sug-
gested. ‘Maybe this fellow, Joe, is tell-
ing the truth. The old man might have
needed an operation and decided upon it
suddenly. Let’s wait and see what hap-
pens.”

Mrs. Edson consented to wait. But
she feared something had happened to her
friend. She choked back those fears
while keeping her eyes and ears open.

Others friendly to the Stevens couple
occasionally stopped at the farm. Joe,
who now was running the place alone
told them he now was the owner of the
farm. But to the town tradesmen Joe
merely said he was running the place
until the Stevens returned.

But whether he owned or merely
managed the place it did begin to resume
the aspects of a prosperous undertaking.
About the second week in June two
Hudson men were put to work for what
seemed to the neighborhood farmers to
be an exorbitant wage.

The men, Charlie George and John
Staves, let it be known they were to get
$24 a week each for working at Joe’s.
In hiring them Joe, who frequently went
to Hudson to ease off the cares of farm
management, displayed a roll of bills,

‘saying :

“T own the farm now. The Old Man
has gone for good. I can afford to pay
the best wages.”

In the same week Joe took a $200 milk
check to Jacob Seider, Maynard grain
dealer with whom Stevens had been
doing business. The check was made
out to William Stefanowitz, Stevens’
real name. Joe tendered it for a feed
and grain bill.

“The Old Man is in Chicago having
an operation,” he told Seider. “He tell
me to settle account. I manage place
while he is away.”

The next day he went to a house in
West Concord owned by Stevens, and
collected the rent saying to the tenant:
“Old couple go to old country. I get
married soon and buy the farm.”

There were 22 cows on the Stevens
farm when the Stevens couple left. Most

DARING

eee SON TS d

nA

Hi

ee


Tp Re oS oe ‘ est

of the revenue from the place was ob-

tained through the sale of milk. Joe
continued this business. Agents for the
milk company who gave the farmhand
checks made out to Stefanowitz noticed
the farm was in a high state of efficiency
and that regardles of his eccentricities
Joe was an expert farmer.

But the strange situation at the Stow
farm began to cause gossip in the neigh-
borhood because of the varying stories
of ownership told by the hired man. As
June ‘slipped by and the farm owners
failed to reappear tongues began to wag
and heads shook significantly.

Most restless of all was Mrs. Bobmis
whose frequent inquiries at the place
elicited only enigmatic answers from
Joe. In the beginning she had difficulty
convincing anyone, particularly other
relatives of the Stevens couple, that any-
thing was amiss.

A nephew of Stevens, Vincent Skirton,
discoveted his uncle had consulted Dr.
John Littleton at Acton a few days before
he was last seen on May
21, 1930. He said his
stomach bothered him.
This bore out Joe's
story.

The doctor, however,
said Stevens’ ailment
was nothing requiring
surgery. But Skirton
believed the missing
farmer might have re-
ceived a different diag-
nosis from another
doctor.

Thus the relatives

DETECTIVE

Cee | ‘ Lt
accep ed Joe’s story. But there was to
be no word of William or his wife.
As the days sped ‘by the relatives of
the couple grew more and more uneasy.
Never on any of the visits to the farm
were they allowed inside the house. This
did nothing to allay their suspicions.

O* THESE visits, spaced not more -

than two weeks apart, Mrs. Bobmis
noticed that the Stevens herd of cattle
was thinning out. She asked Joe about
this.

“Old Man tell me to sell two cows for
$40,” he replied. ‘Got to have money
to run. farm,”

The woman was excited. “So you've
heard from them. How are they get-
ting along?”

Joe mumbled his answer. “Old-Man
pretty sick. Maybe never come back.”

The ,wothan wanrited to see the letter.

“I tear up!” announced Joe, promptly.

By August first, the last of the Stevens
cows had disappeared. The milk com-
pany was getting no more milk from Joe.
But the farmhand himself seemed to have
ample cash, At his hangouts in Hudson
the former Stevens hired man continued
to display large sums of money.

He was drinking hard, treating his
friends and he had grown into quite a
ladies’ man according to the stories.
There were reports, too, that the former
historic George Hale homestead, a Revo-
lutionary landmark had been the scene of
several drinking orgies since the Stevens

ys

couple left and Joe had been host to
several Hudson belles at these affairs.
, Coincidentally with Joe’s splurge the
affairs at the farm began to suffer.
Crops that should have been weeded. out
or harvested were neglected. The hay
had not been barned and a horse, dog and
the last cow disappeared.

Apparently his earlier interest in

‘farming had been supplanted by a newer, -

more attractive occupation.

While the former hired man continued
to play kingpin in the Hudson beer
parlors or was acting the part of the
perfect host to his newly won friends in
the living room of his erstwhile em-
ployer, the two farmhands, George and
Staves, went unpaid. From the middle
of June to the last week of July, five
weeks, they toiled in the Stevens’ fields
without drawing a single cent of the
$24 weekly wage promised by farm
manager Joe.

Toward the end of July they went to a
lawyer in Hudson.

.“Joe told you he owns the Stevens
place, did he,” remarked the attorney.
“Well, we'll find out in a jiffy if this is
true. If it is, you'll have no trouble
collecting your wages.”

About the beginning of August the
farmhands got the bad news. The

[Continued on page 58]

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4

While Duggan’s inspectors moved
off to search the surrounding area

for clues, Doctor Cusick turned the’

body over on its back. The victim’s
face didn’t resemble much of any-

thing. It had been hammered into-

a sickening mask of discolored and
swollen flesh beyond identification.

“Whoever killed this guy cer-
tainly had it in for him,” Duggan
said. “I’ve never seen such a vicious
job of murder.”

Doctor Cusick concluded his ex-
amination of the body. “Although
this man took quite a beating,” he
stated, “it was the bullet in the
back that killed him. He died in-
stantly. A close-range shot, ‘too.

“The position of’ the body: proves
without question that he was killed
at this spot. He’s been dead at least
twelve hours.”

The shirt rolled up in a ball was
examined. There was no ‘bullet hole
in it, but the shirt showed slight

‘specks of blood. Callahan and Dun-

gan glanced at each other with puz-

zled expressions. Why had the

victim’s shirt been removed before

he was shot? They couldn’t see the
point let alone what the killer or

+ killers hoped to accomplish. For all
they knew at the moment, it might
have been a derisive touch with no
meaning at all.

They turned to the body. The
‘victim was about five feet nine
inches tall with a weight of around
180 pounds. His age appeared to
be that of a man in his late thirties.
What little hair he had possessed
was dark brown. He wore a pair
of brown gabardine trousers, brown
shoes and white socks. In the front
pockets of the trousers, Duggan
found a black comb and a package
of cigarettes. There’ was no money.
And, most important of all, there

’ Were no papers or other matter by
which identification could be estab-
lished.

Callahan scowled. “Something
tells me we're up against a tough
one,” he said grimly. “This job
smells like a professional killing to
me.” j

“Look at this,” Duggan exclaimed.
“Maybe it won’t be so tough after
all.”

Callahan studied the victim’s out-
flung hands. The slain man had two
tattoo marks, one on each arm sev-
eral inches above the -wrist. They
were both of the same design—a
five-pointed star with sun-like rays
radiating out from each star point.
The star on the left arm had the
word “Bob.” The one on the left
arm was inscribed with the name
“Ruth.”

Was the victim’s first name “Rob-
ert?” Was the “Ruth” the name of
a girl-friend?

DR. WILLIAM J. BRICKLEY—

The report of this Medical Examiner gave the knotty case an entirely

‘mew turn, helped the detectives ge

Callahan and Duggan reasoned
that a broadcast of both tattooes
along with: a comprehensive de-
scription of the victim might result
in an identification from relatives. or
friends. They realized that the en-
tire progress of their investigation
hinged on such a development.

Duggan studied the  victim’s
hands. They were smooth. The
fingernails were clean and clipped
closely. One thing was certain. The
victim was quite a stranger to
manual labor. This was an impor-
tant point which steered Duggan’s
mind to assume that the victim,
considering the nature and circum-
stances of his brutal murder, might
have been the target of gangland
vengeance.

[THE search for clues proved. fruit-

less. It was the lack of tire marks
which paved the way for the con-
clusion that, if a car had been used,
it apparently had been parked on
the boulevard while the victim was
marched across the flats and shot
to death. after he was beaten bru-
tally about the face.

There were no houses'in the vi-
cinity. The nearest spot was the
open-air theatre and, inasmuch as
the murder had been committed
around 10 o’clock the night before
while a show was .in progress, it
seemed unlikely that the sound of
gunfire could have been heard.

A car could have parked on the
boulevard without attracting any
undue attention. Further, little

.
.

f started in identifying the victim.

significance would be attached to
any one walking across the flats.
The. flats weren’t traveled much.
The body could have lain there for
a good many days without being
discovered. i

- “Well,” Callahan commented, “it
all adds up to one thing. This man
was taken for a ride. It has all the
aspects of a gangland murder. I’d
say it was a revenge killing at the
hands of a ruthless mob. And they
made sure we'd be stumped on
identification.”

“Something is bound to come up,”
Duggan said, beckoning to young
Stanley Davis who was standing at
a distance with Sergeant Girad.

The youngster told his story, said

further that the body hadn’t been
there on Friday because he passed
by the same spot to go swimming in
the Saugus River.

Following the removal of the
body to the W. C. Goodrich Funeral
Home, Essex County District At-
torney Hugh A. Cregg arrived with
State Police Detective-Lieutenant
Ray Foley. Cregg, a veteran and
brilliant prosecutor, listened with a
thoughtful frown while Duggan
sketched the set-up.

“In a gangland slaying,” Cregg
said crisply, “we can look for two
possible motives. Either this man
talked too much for the safety of
others, or there was a difference of
opinion regarding the possible split
of money gained from whatever il-
legal enterprise they were engaged
in. Therefore, it must have been

Chief In:
-Chief Ed

somethin;
of this n:
Duggar
through
question |
open-air «
shift wor}
who migh
thing sigr
Inspect
across the
him back.
you, Joe,’
rich’s. Fi
got a reco
If he hasr
And wh
through v

velopmen
the case \
signed to
victim’s c
brought t:
On the
was the b
By Hano
Wilenized
of the co:
laundry 1
Foley fin:
“PDo§,°?
“Somet}
said. “We
to all laur
Attache:
pants was
with a br
to a possi-

A IRE CONTRI Br 8

ngster “hush”

the youth gasped.
. the sand flats. I saw
ng across the flats to
in the Saugus River.
3 face is buried in the

vay, son,” Girad cau-
going to notify the

ore than five minutes
police cruiser pulled
gate where Sergeant

bump-off in New England and brought the killers fo the bar of justice!

Girad and the youth were waiting.
Headquarters had relayed Girad’s
call to Officer Edgar G. Williams. for
investigation. Williams talked with
the youngster, who said his name
was Stanléy Davis. Stanley then
led the two officers across the boule-
vard to a spot about 300 feet from
the open-air theatre. The body was
in plain sight.

It was shortly after. 2 o’clock
when Police Chief Edward D. Calla-

MURDER SCENE—

Bll the detectives had to start the case with
was an unrecognizable body (found at spot marked
X) and a vague design tatt

han and Chief Inspector Charles T.

. Duggan arrived at the scene. They

were followed by Inspectors Wil-
liam J. Murphy, John P. Hines,
Charles J. Kerrivan and Joseph P.
Gannon. Medical Examiner Lau-
rence F. Cusick came walking

across the flats several minutes

later.

The body was that of a shirtless,

partly-bald man sprawled face
down with the-tips of his shoes al-

coed on victim’s arm.

a

Nfs -P,

most buried in the sand. Under his
right shoulder was a white shirt
rolled up in a ball. His arms were
outflung, palms down. And dead
in the center of his bare back was
a neatly drilled bullet hole.
“That’s just the way I found him,”

Williams. told ‘Chief Callahan. .

‘When I saw the bullet hole, I knew

it was murder.” - -
Chief Callahan nodded without

shifting his eyes from the body.

ue
UR. nye

CHARLES MANTIA—

Held as accessory after the fact,
but has not been tried, to date.

"“DUTCHY” GERTSON—
The detailed story told by Mantia
put him “in Dutch” with the Law.

ase an entirely
ing the victim.

be attached to
eross the flats.
traveled much.
2 lain there for
without being

commented, “‘it
iing. This man
. It has all the
id murder. I’d
2 killing at the
mob. And they
e stumped on

ad to comé up,”
ning to young
vas standing at
seant Girad.

| his story, said

ly hadn’t been
ause he passed
‘o swimming in

moval of the
odrich Funeral
y District At-
‘g arrived with
ive-Lieutenant
a veteran and
listened with a
while Duggan

laying,” Cregg
1 look for two
ither this man
the safety of
a difference of
2 possible split
n whatever il-
were engaged
ist have been

INVESTIGATORS—

Chief Inspector Charles T. Duggan (at left of photo) and Police
Chief Edward D. Callahan tabbed murder as a gangland killing.

something big to warrant a murder
of this nature.”

Duggan assigned his men to check
through the Lynnway section—to
question the management of Loew’s
open-air theatre, and to locate late-
shift workers at the G. E. gear plant
who might have seen or heard some-
thing significant.

Inspector Gannon was on his way
across the flats when Duggan called
him back. “I’ve got another job for
you, Joe,” he said. “Go to Good-
rich’s. Fingerprint the guy. If he’s
got a record, it means we’ll tab him.
If he hasn’t, then it’s too bad for us.
And ‘when Doctor Cusick gets
through with his clothes, bring ’em
to my office. Don’t forget the shirt,
too.”

Nightfall came with no new de-
velopments. Duggan, in charge of
the case with Lieutenant Foley as-
signed to assist him, tackled the
victim’s clothing which Gannon had
brought to his office.

On the inside of the shirt collar
was the brand name “Darlie Tone—
By Hanover” and “Wrinkle Free
Wilenized Collar.” A closer scrutiny
of the collar revealed a very faint

laundry mark which Duggan and

Foley finally deciphered as being
“D.5,”

“Something to work on,” Foley
said. “We can circulate this mark
to all laundries.”

Attached to the brown gabardine
pants was a ‘black web army belt
with a brass buckle. It gave rise
to a possi- (Continued on page 82)

LIEUT. RAY FOLEY—
This officer of the Massachusetts State
Police was called into the weird case.

\\

HUGH A. CREGG—
The brilliant Essex County district attorney saw the crime from the
first as the “hush” murder of a man who knew a dangerous secret.

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ent and fired a coupie of shots at tin
cans from a Smith & Wesson pistol.
The youth broke then and poured
forth the story of his clandestine meet-
ings with Mary Stevens. When the
girl insisted that they marry, he re-
fused on the grounds that his father

them. “My father thought they
weren’t in our class,” he said.

Brown and Cutler contemplated the
face of the young killer with an aston-
ishment with which was mixed a gen-
erous measure of disbelief.

“And you killed hér because of
that?”

“Yes,” Heaton insisted. “When Ma
Stevens put her arms around my nec
and begged me to marry her, I got mad
and I... I shot her and then—well,
that’s all.” egy

Mary Stevens was killed on April 20,
1908. On January 12th, 1909, Alvin
Heaton went on trial for his life in
Judge John F. Chidester’s District
Court at Richfield. The jury found

cto yatta

him guilty and the Acting Judge,

considered. the, Stevens clan beneath

James E. Booth, sentenced him to life
imprisonment, at hard labor.

For eight years, Alvin Heaton was
known as a number in the Utah State

Prison. Then, on April 1, 1917, he was -

| opabanar ep and walked out a free man.
e avoided Orderville until 1924, when
he received word to come home to set-
tle his mother’s estate.

Here, Fate played her hand. Heaton -

left for the little village on July 2.
And as he drove down the narrow rib-
‘bon of highway that followed the Vir-
gin River, something happened to him.
As the car rounded a curve within

sight of Garden: Hollow, it: plunged ©

over a 20-foot embankment, landing
upside down in the river.

Pinned beneath the mangled wreck-
age; strangling, and with a broken
neck, Alvin Heaton died. ©

Eprror’s Note: The actual name of
the schoolboy at first regarded as a
possible suspect in the case has been
changed to Calvin Brent.

DETECTIVE

bility that the victim may have been
an ex-serviceman,. Turning to the
shoes, Duggan and Foley saw they
were a blucher-type carrying the
brand name of “Sundial.” The shoes
had recently been tapped with leather
half-soles. The inside of the right
shoe carried the serial number of 485
and a stock number of 61-283.
“Another tough angle to check

| through the manufacturer,” Duggan

said slowly. “We'll have to wait till
Monday before we check on these
shoes. The serial and stock numbers
should: tell where shipments were
originally made.” :

The post mortem was conducted by
Doctor Cusick and State Police Pa-
thologist Alan R.. Moritz. The lethal
slug, fired from a .32-calibre gun, had
entered the victim’s back, severed an
artery and lodged near the spine. The
victim had also eaten a heavy: meal
several hours before he was _ shot.
There were undigested particles of
food in his stomach. His vital organs
were removed and sent to State Police
Chemist Frank Walker for analysis.

Copies of the victim’s fingerprints
were sent to the Boston Police De-
partment and to the State Police. Two
of Duggan’s men tackled the task of
comparing the fingerprints with those
on file in the bureau.

Late Sunday found the case at a
baffling standstill. The widespread
investigation through the Lynnway
section had fizzled. No one showed up
at Goodrich’s to identify the victim.
Detectives on the prowl throughout
the city reported back to Duggan that
known members of Lynn’s shady ele-
ment were alive and kicking at their
usual haunts. This led Duggan to con-
clude that the victim was from some
other nearby city with Lynn used as
the murder site.

“T’ve got a hunch that a Boston mob
is behind this killing,’ he said to
Foley, “Look at it this way. Boston’s

North End has plenty of racketeers.

>

‘TATTOOED ARM

Continued from page 19

~

So a mob has a guy to knock off. They

ut him in a car, go through the East
Baton tunnel which is right in their
backyard and hit ‘the ‘express highway
to Lynn.. They drive over the General
Edwards bridge to the Lynnway and
there’s the sand flats past the open-
air theatre. A ten-minute ride at the
most. And what could be more per-
fect?”

“Nothing,” Foley said with a wry
grin. “I'll string along with you on
that hunch.” ;

fe hm angel contacted the Boston
police. He talked with Deputy
y oO

Superintendent James F. Dale the

Bureau of Criminal Investigation. |

Daley promised to start an investi-
gation in the North End at once. De-
tective Lieutenant James V. Crowley,
Sergeant William Creedon and Spe-
cial Officer Philip Maguire were as-
signed to determine if the Lynn
slaying could have been the work of
a Boston mob.

Reports on the slain man’s finger-

rints from the Boston and State

olice turned ,out to be negative.
Duggan swore under his breath when
his men also turned in ‘negative re®
ports on their search. f course,
thought Duggan, the fact that the
victim had no record was by no nfeans
an indication that he wasn’t involved
in any gangland Activities. It could
be that he was a smart cookie who
Saw to it that he wasn’t tripped up
by the cops. -

With no results forthcoming from
an eight-state teletype broadcast,
Duggan forwarded the slain man’s
prints to the FBI in Washington for
comparison with their records.

Late Sunday night, Boston detec-
tives drove to. Lynn with two well-
known North End racketeers. At
Goodrich’s, the racketeers viewed the
murder victim with unblinking stares.
They shook their heads and turned
away. “We don’t know the guy,” one

of them grow
with his map }
“How about
slated to go for
softly: ,
“Now Mister.
reply, ‘you kn:
a question like
business.” He j
companion, add
are deaf and kt
We find it’s he:
“All right,”
“But I-want to
thing. It’ll be ji
my path here i
Monday mor
entire departm
case. Although
mark were dist
detectives went
canvass Greater
cleaning establi
At the Bostor
Shoe Company,
ping records re
worn by the vi
large shipment
chusetts over a
larger cities in
Haverhill, Law:
Meanwhile, a

.a conference w:

Callahan’s office
Attorney Cregg
Their ‘discussio
of whether or
assistance would
a lead to shatte
victim’s identity
The upshot «
aminer William
ton’s Northern L
the case. Doct:
quent report alr
investigators.
The murder >
Brickley, wasn’t
old! Because oi!
features and tt
partly bald, it
cult matter to «

-much older ma:

at such a youthf

' ley said-it wasn

One paragrap!
report interestec

_the victim was

physical health,
fat. Doctor Brick
victim had con
service in some
forces.

“That's a break

He contacted t
and requested th
prints be check
discharged serv
the War and Na

The investigat
sweep in the Suf.
at East Boston,
racing park at |
race track at
spots were some
underworld deni
and Foley, they
sources for infor
have a bearing «
tity.

Four days af:
August 15th, t)
authorities notifi
had a woman wi
the identity of tl

“Get her dow
can,” Duggan to!

Two hours lat
closeted in Chief
District Attorney
Foley. She said
Ruth Crandall, an

AARNE COTE SI ITI Pe

412 Mass. 71 NORTH EASTERN REPORTER, 2d SERIES

particular matter can be disturbed on ap-
peal only where there is no evidence wat-
ranting such conclusion.

10. Constitutional law G>197

Jury 143

The statute authorizing impaneling of
and trial with jury of fourteen members
4, Jury C10 _ and discharge of two of them before final

The substance of right to jury trial submission of case 15 not ex post facto law
ending to protect forbidden by federal constitution. G.L.
y power and en- (Ter.Ed.) c. 234, § 268, as added by St.
sure determination of fact issues by com- 1945, c. 428, § 1; U.S.C.A.Const. art. 1,
posite judgment of fairly numerous and § 10.
representative body of impartial residents
of county, selected at large, rather than by 1
judgment of one person oF small number of
individuals. Const. pt. 1, arts. 42,15;

consists of elements t
citizen against arbitrar

|. Criminal law 1048

In murder case, tried under procedure
provided by statute requiring transcript of
evidence, written claim of appeal, assign-
5. Jury 10 ‘ ment of errors, etc., defendant must sea-

The constitutional declaration of right sonably save his exceptions, and his rights
to jury trial enunciates broad, living PM 4, appeal are limited to consideration of
ciple capable of reasonable adaptation to. .rrors assigned. G.L.(Ter.Ed.) ¢. 278, §&
constantly changing society, not barren 334 _33G 33B.

: isting forms which may
congealment of existing
become clogs upon exercise of such right 12, Criminal law €=867

with alteration of time and circumstance. In murder prosecution, defendant's
Const. pt. 1, arts. 12, 15. motion for mistrial because of his cross-
examination.as to whether he was person
previously charged with and i grt $
; ; bery while armed was properly enied,
lect he ial cn aE “og eee a i of whether defendant saved ex-
thers ous thinks ception to such cross-examination.

S12) 19,

6. Jury €=58
The Constitution leaves method of se-

tive enactments,
from time to time as
proper: Const. Bt ea 13. Criminal law €=867

In murder prosecution, defendant’s
because of his cross-

. Jury 6958, 84, 146 ; or
: : ‘ge ions, changing jurors’ motion for mistrial is
vious conviction of

Statutory provisi ; n fe
qualifications and methods of selecting and examination as to pre é age
summoning them and forming panel, do robbery while armed was addressed to tr
not violate constitutional provisions for judge’s sound discretion.

preservation of right to jury trial. Const.

14. Criminal law €=867
pt. 1, arts. 12, 15.

The trial judge was not required to
8. Jury $320) F rant defendant a mistrial of murder case
The statute, authorizing superior court merely because some evidence of question
to order impaneling of, and try case with, able competency may iave crept in a
jury of fourteen members, discharge two <ottier stage of trial.
of them before final submission of case,
and receive verdict of remaining twelve 15. Criminal law €=867
jurors, does not impair constitutional right In murder prosecution, where trial
to jury trial. G.L.(Ter.Ed.) c. 234, § 26B, judge told jury to disregard district a
as added by St.1945, ¢. 428, § 1; § 29 as torney’s question on cross-examination o
amended by St-1945, . 428, § 2; Const. Pt. defendant as to his previous indictment I
1, arts. 12, 15. and conviction of robbery while armed an
to consider that all such testimony was
ituti in case, defendant’s motion for mis-
eS ae cae gre iii boone id such question was proper
ly denied, in absence of suggestion that
jury did not follow such instructions.

9. Jury C10

i ight to jury t
guaranteeing right |
control states’ actions. U.S.C.A.Const.

Amends. 6, 7.

cary som

COMMONWEALTH vy. BELLINO Mass. 413
Cite as 71 N.E.2d 411

16. Criminal law €=1048, 1129(1)

The statute requiring supreme judicial
court to consider all law questions fairly
raised on appeal from conviction of mur-
der does not require review of all questions
of evidence and procedure, to which excep-
tions have not been duly saved, preserved
and prosecuted, in order to ascertain
whether some successful objection might
have been taken and prosecuted, but de-
fendant, wishing to preserve points of law,
must take seasonable exceptions and file
adequate assignments of error. G.L.(Ter.
Ed.) ¢. 278, §§ 33A-33G; § 33E, as amend-
ed by St.1939, c. 341.

od

Appeals from Superior Court, Essex
County; Hurley, Judge.

Philip R. Bellino and Edward F. Gersten
were convicted of murder in the first de-
gree and they appeal.

Affirmed.

Before FIELD, C. J., and LUMMUS,
QUA, DOLAN, and RONAN, JJ.

J. W. Eastman, A. N. Illman, M. E.
Viola and A. R. Shrigley, all of Boston,
for defendants. .

H. A. CREGG, Dist. Atty., of Methuen,
and J. J. Ryan, Jr., Asst. Dist. Atty., of
Haverhill, for Commonwealth.

QUA, Justice.

Philip R. Bellino and Edward F. Gert-
sen were jointly indicted for the murder
of Robert Williams at Lynn on August 7,
1945. Upon trial, both were found guilty
in the first degree, and both have been sen-
tenced to death.

The killing occurred in the nighttime on
what is known as the Lynn marshes. The
Victim, the two defendants, and one Man-
tia, who pleaded guilty to an indictment as
an accessory after the fact, went to the
locality in a taxicab. While Mantia re-
mained in the taxicab with the driver, Wil-
liams and the two defendants proceeded
on foot some distance away from the road
and out on the marsh, where the defendant
Bellino shot Williams in the back. The
shirt worn by the deceased was found
beside the body. There was no bullet hole

in it. All the evidence, including the tes-
timony of the two defendants, was to the
effect that the.shirt had been taken off be-
fore the shooting, although there was a
dispute as to the circumstances in which it
had been taken off.

It was the contention of the Common-
wealth that the two defendants had enticed
Williams out upon the marsh for the pur-
pose of killing him for the reason that
they feared that Williams would give in-
formation to the police about a “hold-up”
in New Hampshire a few days before in
which the defendants had taken part and
in which a man had been shot. It was the
contention of the defendants that they had
reluctantly gone with Williams on the
marsh to look for a “hot” number plate
that he had left there; that while they
were there an altercation arose; that Wil-
liams attacked the defendants and _ shot
at them; and that thereupon Bellino shot
Williams in self-defence.

[1-3] 1. The medical examiner, called
by the Commonwealth, testified that there
was in the middle of the back of the de-
ceased a small bullet wound; that “there
was very little powder marks outside but
there was a ring which could have been
made by the muzzle * * * or the jack-
et of a gun”; that “Beneath the skin was
this fairly wide cavity which was blackened
and filled pretty much with burnt powder
* * *”: that “there was quite a cavity
below the skin which was blackened and
covered with burnt powder fragments”;
that the powder marks on the outside were
“just speckles’; that the ring was “inter-
rupted” and about a half inch in diameter;
and that there was very little powder on
the skin. Thereafter, subject to exception,
the witness was allowed to testify that
there was at» least some powder on the
skin about the wound; that the black of
the powder was underneath the skin; and
that in his opinion the muzzle of “the gun
was directly on ‘the skin.”

The defendants assign error in that
the medical examiner was not sufficiently
qualified as an expert to testify that the
marks in or about the wound were caused
by powder or that the muzzle of the gun
was directly on the skin of the deceased.

LR i SIE ANT GEN TEE ETE

414 Mass, 71 NORTH EASTERN REPORTER, 2d SERIES

Bearing on: qualification, there was evi- 448, 99 N.E. 266, Ann.Cas. 1913D, 552;
dence that the witness had been a practis- Guinan v. Boston Elevated Railway, 267
ing physician, specializing in surgery; that Mass. 526, 167 N.E. 247; Corrao v. Sears,
he had been a medical examiner for fifteen Roebuck & Co., 298 Mass. 23, 26, 9 N.E.
years; that he had operated perhaps three 2d 378; Commonwealth v. Dawn, 302
times on persons with gun shot wound, in- Mass. 255, 258, 19 N.E.2d 315; Common-
cluding the type inflicted at close range and wealth v. Capalbo, 308 Mass. 376, 380, 32
the type inflicted at long range; that as N.E2d 225. There was no error in allow-
medical examiner he had looked at quite a ing the medical examiner to testify as he
number—about fifteen—bodies where death did.
had been caused by bullet or shot gun 2, The defendants assign error in that
wounds, of which about fourteen were at the beginning of the trial the judge or-
bullet wounds; that he believed about eight dered a jury of fourteen members to be
of these were from bullets fired at close jmpaneled, and at the time of the final sub-
range, all of which, however, were. fired mission of the case to the jury he dis-
through clothing; that he had examined, charged two of those originally impaneled
he should say, six bullet wounds in a nude and submitted the case to the remaining
part of the body, some of these being in twelve, all in accordance with G.L.(Ter.
the head; but that he had never exam- Ed.) c. 234, § 26B, inserted by St.1945, ¢.
ined a body where the bullet entered the 428, § 1. The defendants contend that the
back of an individual without any clothing. procedure under this statute has deprived
The defendants argue that the witness them of the right of trial by jury as =
was not qualified because it did not appear cured to them by art. 12 of the Declaration
that he had ever seen a wound from a Of Rights. See also art. 15. They fur-
bullet fired at close range that had not ther contend that this statute, effective
passed through clothing. Assuming that after the alleged commission of the crime
the presence or absence of clothing might for which they were indicted, is as to ~
affect the appearance of a wound from a an €x post facto law which art. 1, § 10, o
bullet fired at close range, we think it clear, the Constitution of the United States for-
neverthcless, that the professional expe- bids any State to pass.
rience of the witness, particularly with Section 26B reads as follows: “In a civil
respect to wounds from bullets, both those case, or in a criminal case, including a
fired at long range and those fired at short capital case, to be tried with a jury in the
range, would place him in a better posi- superior court which in the opinion of the
tion than the average juryman to form court is likely to be protracted, the court
conclusions whether the “speckles” ob- may so certify and may order impaneled a
served by him outside the wound and the jury of not exceeding fourteen members
black appearance under the skin were due and the court shall have jurisdiction to
to powder and as to the position of the try the case with such jury subject to the
gun when the bullet was fired. Common- following provisions of this section. If
wealth v. Rogers, 7 Metc. 500, 504, 505, at the time of the final submission of the
41 Am.Dec. 458; Commonwealth v. Sturti- case by the court to the jury more than
vant, 117 Mass. 122, 19 Am.Rep. 401. twelve members of the jury who have

d experience may heard the whole case are alive and not In-

A witness’ training an
shall

well qualify him to give an opinion in capacitated or disqualified, the court
reference to a problem which he has never direct the clerk to place the names of all
before encountered in precisely the same of the remaining jurors, except the fore-
form. Hardiman v. Brown, 162 Mass. 585, man, in a box and draw the names of a
39 N.E. 192. The conclusion of the trial sufficient number to reduce the jury t?

judge that a witness is competent to ex- twelve members, and the court shall there-
press an opinion upon a particular mat- upon discharge the jurors whose names
ter can be disturbed only where there is are so drawn, and the court shall have ju
no evidence to warrant that conclusion. risdiction to receive the verdict of the
Commonwealth v. Spencer, 212 Mass. 438, twelve remaining members of the july

COMMONWEALTH vy, BELLIN
Cite as 71 N.E.2d 411 octine

Mass. 415

yicees names have not been so drawn and soning has been recognized in other in
" cae jurisdiction to render judgment stances where enactments affecting in vari
case. ;
~ ous ways the operation of the jury system
: (4-71. We-see nothing in this statute have been held valid as not interfering with
hat contravenes the provisions of the the fundamental right. Commonwealth yv
Declaration of Rights for the preserva- Worcester, 3 Pick. 462, 471, 472; Jones v.
tion of trial by jury. Undoubtedly it was Robbins, 8 Gray 329; Holmes y. Hunt,
See that the substance of “This meth- 122 Mass. 505, 516, 23 Am.Rep. 381; Fis
: of procedure as practised when the ter v. Morse, 132 Mass. 354, 42 Am.Rep.
onstitution was adopted should “Be held 438; Peirson v. Boston Elevated Railway
sacred 4 Art, 15. The substance of the 191 Mass. 223, 230, 77 N.E, 769; Common-
right fS be tried by jury consists of those wealth v. Wong Chung, 186 Mass. 231, 234
eiements in that method of trial which tend 7! N.E. 292, 1 Ann.Cas. 193; Mead v.
to protect the citizen against arbitrary Cutler, 194 Mass. 277, 279, 80 N.E. 496;
Bpwrenatd ta ensure to him that issues of Bothwell v. Boston Elevated Railway, 215
63 shall be determined by the composite Mass. 467, 472, 102 N.E, 665, L.R.A.1917F,
judgment of 5 fairly numerous and rep- 167, Ann.Cas.1914D, 275: Farnham _y.
resentative body of impartial residents of Lenox Motor Car Co., 229 Mass. 478, 481
a county selected at large rather than 118 N.E. 874; H. K. Webster Co. v. Mann,
by the judgment of one or of a small num- 269 Mass. 381, 385, 169 N.E. Lt Cr
ber ot single individuals who may be sub- Monwealth v. Snow, 269 Mass, 598 605-
Jeet to peculiar prejudices or whose sta- 607, 169 N.E. 542, 68 A.L.R. 920; Karlow-
hn acs personal experiences in life may ski v. Kissock, 275 Mass. 180, 175 N.E,
ave fai ed to provide them with sufficient 500; Fratantonio y. Atlantic Refining Co
understanding of the conditions and cir- 297 Mass. 21, 8 N.E.2d 168. See Common-
fanichances in which the parties acted, Wealth v. Dailey, 12 Cush. 8°; Opinion of
} hatever tends-in any appreciable degree the Justices, 237 Mass. 591, 130 N.E. 685:
% impair the essentials of the right must Commonwealth vy. Rowe, 257 Mass, 172, 153
e struck down. But it has always been N.E. 537, 48 A.L.R, 762.
oe that the constitutional declara- [8] There is nothing in sectio 26B
io . . . . . s ,
Be Ae a by bar other that impairs the fundamental constitutional
ations of right, was the right. There has been Se
tuti S it, \ ‘ no chang th
oe an ofa at living principle ca- making up of the jury lists AW acaba
E or reasonable adaptation to a con- of th rti o ;
stantly changing society and not a barren ot 8 Stocs ie e di is ewe
: : ' eek gee é F ¢ jurors who ga t
oi ec a: rigidity of existing forms, discharged are selected by lot Wie Oe
Logs the spereuce of time and section was enacted, the defendants’ right
pros “7h Ea might even become clogs of peremptory challenge was extended to
ep Be sacle of the right itself. In all fourteen men drawn. G.L.(Ter.Ed.)
c Sc aia a v. pets 103 Mass. 412, c. 234, § 29, as appearing in St.1945 * 428
, this court said, “But the meth- § 2.  Impartiali i ? Be
“Ta Aan tae a - partiality is not affected. The
t by the Consti- verdict i i
rae by th s still rendered by twelve m
ee re by legislative enact- acting unanimously. All fourteen brie!
: 3; an ese may be modified from nally d ve
ar y drawn have been duly sworn, h
he eps E the legislature shall think heard the entire trial, and oi listened rt
5: ae aes ni ree bis this der the sense of responsibility that results
said, nges have been made from the k 1
by 1e knowledge by ez Z y the
¥ legislative acts in respect to the qualifi- great weight of sb if he see
A De edad : 1 ght of probability he would not be
sp pied 3: Ps ‘ ne methods of selecting discharged but would ultimately have to pass
Pe ia eee _ va pies a upon the guilt or innocence of the defend-
, r_ mater
fetes bee ie lally trom the ants. There was no appreciable dilution
rat. 4 ee 1 it has not been sup- of responsibility, We see nothing of con-
tick prin é onstitution was violated by sequence in the fact that during the trial
ons.” The validity of this rea- fourteen men instead of twelve may have

PENIV

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AS
at rw ee Se

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a
hurry, after Bellino had shot one of
the players, Williams had disaps
peared.” 4

“Bellino was mad,” Dale contin.
ued. “We picked up another car,’
and as we were about to drives
away, Williams showed up and got,
in. He said he was sorry about j
wrecking the getaway car, and Bel-}
lino told him: ‘Kid, from now on 4
I’m marrying you. You’ re never ect- a
ting out of my sight.’ ine

Dale revealed that for about a‘
week after the holdup the four men’?
had remained together, hiding in a
various apartments in Boston. “] ©
guess Bellino began to be afraid th’ 3
kid would crack,” Dale said. “Any- ¥ 4
way, on Tuesday night, the four of ©
us picked up a cab in Boston, and -
Bellino told the driver to take us to ‘
Revere where we figured on a night 4
of night-clubbing. Williams was es-"§!
pecially anxious to go because he:{#}
knew a blonde who worked in one}
of the places out there. He told me 4
he promised the gal he’d pile up.4
some fancy dough, and that they'd; t
take a trip together. :

“When we got to Revere, though,
Bellino told the driver to keep g0-,
ing, as he wanted to stop over near@
Lynn first and try to locate a ho 4
license plate he had hidden there a
couple of weeks ago. We got out on#
the super-highway, and finally Bel~3
lino told the driver to stop. Bellino,
Gertsen and Williams got out of
cab, and I heard a noise that sound
ed like a shot about five minutes#
later. Then Bellino and Gertsen;
came back, without Williams, and
we went to Revere. ‘da

“I never asked Bellino what hap g
pened to Williams, but I knew all%
about it when I saw the newspapers”
a few days later. I was afraid Bel-;
lino would figure on getting me out”
of the way, too, so I went to New.
Hampshire, and I got a job in one
of the small town saloons. I figured:
they’d never look for me there.” -

Duggan now had all the facts he
needed. Bellino and Gertsen were:
quickly taken into custody. Bellino
was arraigned before Judge Ralph)
W. Reeve in Lynn District Court "ot
October 3, 1945, and he pleaded na
guilty to the murder charge. He wa
held without bail in Salem Jail a ‘
await arraignment. es

Bellino had a long police record,
having served time for carrying:#
gun, armed robbery, receiving stole
goods, breaking and entering.

Gertsen was picked up the
day and also ordered held on a m ts
der charge when he was brough
before Judge Reeve. a

Meantime, Duggan careful
checked over Dale’s confession .@f
applied to Massachusetts’ Gove: be
Maurice Tobin for his extradi
On October 19th, after a hearing
Plaistow Town Hall, at which «
tradition papers signed by E
Hampshire Governor Charles
Dale were presented, the man*

OETECTIVE

turned over to Lynn authorities. The
Rockingham County authorities had
requested that Dale remain in their
custody until grand jury action on
the auto larceny charge could be
taken. Duggan, however, protested
any delay in the solution of the Wil-
liams murder case.

The following day, under heavy
guard, Dale led Lynn police to an
open field at Mulberry and Williams
Street in Chelsea, and after several
hours of searching they found a
rusted .32 calibre Smith and Wesson
revolver which, he declared, had
been used in the Williams murder.
He said that Bellino had discarded
it as the taxi sped toward Revere
after the Williams murder had been
committed.

The final link in Duggan’s case
was forged with the arrest of James
Salah, twenty-three, of 197 Long-
wood Avenue, Brookline. The Bos-
ton cab driver admitted knowing
Bellino, and he corroborated Dale’s
account of the trip to Lynn on the
night Williams was murdered. He
declared he had no knowledge of
Bellino’s intention to kill the youth,
and that he had no connection with
the gang.

HE December Grand Jury re-

turned indictments of murder in
the first degree against Gertsen and
Bellino. Dale was charged with be-
ing an accessory after the fact of
murder. Salah was held as a ma-
terial witness.

On June 11th, 1946, the trial of
Bellino and Gertsen began in Salem
courthouse before Judge Joseph L.
Hurley and a jury. District Attorney
Hugh A. Cregg prosecuted the case.
Bellino, on the witness stand, ad-
mitted firing the fatal shot at Wil-
liams. He claimed he acted in self-
defense after the ex-marine threat-
ened to attack him and Gertsen, fol-
lowing an arugment. Bellino also
admitted that the .32 calibre gun
found in the Chelsea lot was the
weapon used in the murder and later
discarded. He ripped the shirt from
Williams’ back—a garment which
he agreed had been borrowed from
Dale—in order to prevent the body
from being seen from the highway.

After hearing all the evidence the
jury, on June 18, returned a verdict
of guilty. Judge Hurley immediate-
ly sentenced Bellino and Gertsen to
die in the electric chair. And die
they did.

LAST PICK-UP OF
THE TAVERN QUEEN!

(Continued from page 13)

ing for the telephone, he was soon
connected with the Board’s office
in Lansing. However, since there
was only a watchman on duty at
the offices on Sunday morning, the
inspector put in a moody ten min-
utes of waiting while the man con-
tacted a clerk who lived nearby.

When the clerk finally called back
the Warren number, Branton rapid-
ly explained what was wanted.
Only a minute more passed before
the clerk was again on the wire
with the information. “There’s a
Frank’s Tavern in Detroit,” he said.
“It’s at 5512 Montclair.”

A word of appreciation for the
clerk’s help and Inspector Branton
hung up. “Next stop, Montclair
Avenue,” he announced quietly.
“Let’s go.”

* * *

HALF hour drive brought the

powerful police limousine to the
Montclair Avenue address. A quick
glance established that the tavern,
too, was closed on Sunday. How-
ever, a typewritten card in the door
gave the name and address of the
proprietor for notification in case of
fire or other emergency.

“Frank Chmiel — 5290
Road,” Gibbings read off.

Making a sharp U-turn across the
street the party of investigators
roared off again. Ten minutes more
found Branton and Giddings on the
doorstep of the Chmiel home on
French Road. A handsome, middle-
DETECTIVE ANNUAL

French

aged man answered their ring.

At the sight of the strange faces,
the man’s face wrinkled in a vague,
questioning smile.

Nonchalantly, Giddings owed
his badge to slip out trond
the lining of his jacket. At same
time, the inspector reached into his
inside pocket to produce the silver
swizzle stick which he had brought
along from Warren.

“Frank Chmiel?” Branton led off.

The man nodded, puzzled.

“Ever see this before?” Branton

displayed the engraved  swizzle
stick.
Chmiel’s expression did not

change, but the blood slowly drain-
ed from his face leaving the skin
pasty-white. Without making any
reply, he reached into a pocket of
his trousers and came up with an-
other little silver mixing rod—the
exact twin of the one in Branton’s
hand.

“That’s my wife's,” the tavern-
keeper finally said. “I had two made
up just like this when we opened
the place. Margaret always car-
ried hers with her as a good luck
charm. Where did you get it? What’s
happened?”

“Let’s go inside first,” Branton
suggested kindly.

Seated in the living room, the
inspector quietly broke the news.

Chmiel’s head dropped into his
hands. He sat bowed over in a hard,
wooden chair. For several minutes
he was silent, staring at the floor
with glazed, unseeing eyes. Fin-
ally, he shook his head and straight-
ened up. “Any chance of a mis-

take?” he asked, almost pleadingly.

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x
|

410 Mass. 71 NORTH EASTERN REPORTER, 2d SERIES

utes, Friedman v. County of Hampden,
204 Mass. 494, 90 N.E..851; and as there
can be no lien upon public buildings or

Wheeler. These materials were charged

by Wheeler to the plaintiff, who in $b

d and billed them to Quinn after iE

ey ae Quinn abandoned its con- other public works, GAN ss ES rte

fast with Rugo on March 4, 1940. The Mass. 294, 50 rg pik e : vie ge

st shipment of these materials occurred rialman, instead o ae a whe OF

s December 17, 1939. The balance of this property, has the prs 0 ge ligag

, t was harda tes sold by Wheeler directly taken by bond or ot ho one

eu The plaintiff filed a sworn state- contracting party. Hub e pe

ates It Works, Inc. v. Dyer, 283 Mass. 463, 466,

i 2, 645. The object of these statutes

4 and included $870.- 186 N.E. 6 objec

age Gli pouiecied with the is to give those furnishing labor and ee

: rae r figlk echioal job, and $17,540.30 on rials “security equivalent to the ee

ak gers November 5 1938, on all jobs the law creates upon re rete

ae oa in like cases.” urr v. Mas -
411.05 less credits of $13,- owners in :

507  B on caaeet after applying the setts School for sme sie ~ wee

dits 357, 360, 83 N.E. 883, 884. Peerless

sts to the oldest accounts, found that » 300, a oe

aati was owed a balance of $11.53 er ace ee ike or vias
924.26 for sales of tion Co., Mass. , ; aR

a epee oe erat 28, 1939, Under the statute creating ein a

8% rere used on the school job, and upon private buildings and lan 5 = A

¢ 342 80 for sales of the specially fabri- nishing labor or supplying materials x

= pele: if they were sold by the separate and independent contracts a =

slaintiff and not Wheeler. He also found under such nce end

i iti i yas 1 ted to the stitute a continuous em

~ age Lege oe eo sup- a sworn statement within a ees sear
ade WAL jolie: otf h { days after completion of his wor

TT coats I ee a chee the last materials have been furnished

one in question. : Ter.Ed.) c. 254, § 8, and he
incipal question is whether by him, G.L.( te ) jer the earlier
[1-4] The principal q cannot establish a lien under

the plaintiff has a Fight to, reach Stace churbract si ess/ENe em . sae go
: on the i _sgeg eee,
ude a satisfied that the seller was ee we vy. Dudley, 168 Mass. 538,
a plaintiff and not Wheeler. This lot of ps oe 'N E. 424, O'Driscoll v. Bradford,
goods was the subject of a particular com” 1_)’47 931, 50 N.E. 628; 97 A.LR. 780,
tract iets and ie a pica wae compare Miller v. cas ae ee
which goods out of its ; 179: and the same rule has been
the plaintiff to Quinn. “7” : iti i the Common-
sega be hos the lot for a Plicable gs ieee i a 8
i § . 7 vl " F. :
naam and Quinn agreed to accept ae bigot Mario Pandolf Co., Inc.
a hi oii for the lot. The plaintiff was 28 P2 alth 303 Mass. 251, 255, 256,
sappigine material under two different con- Seagasee Pg

£ § 39, in
i _ 21 N.E.2d 221. The language of § .

: i tity of a lot spe : .
tracts: (1) 2 ee ee job, and so far as material, is eaueneeted rae -
: anufa b, vg :
Ss eeergee stock pattern supplies as that of a eG Jor aoe
x : ieht desire to purchase for this amended. The bond 1 ais 4
oe <i eats G.L.(Ter.Ed.) ¢. 30, was found by the master to ee 52
eet ‘iin hi St.1935, c. 472, § 1, nished under SPICE = a
* L (Te Fd.) c. 149, § 29, as appear- as amended, and was inten ed as Saene

r.Ed.) c. : ,
a 1938 c. 361, requiring security ne Pe aR I pgs
é eee sehi - t is tha ;
i those furnishing labor and ma- sult 1 gens
oom sche ee or repair of pub- pate a pe ee oF after SS 7
i m

i nd other public works, are fabricate faiewges
= sie sans of the mechanics’ lien stat- Quinn, the last of which deliverie
an ou

to Rugo.
ment of its claim on March 13, 1940.

Nn

COMMONWEALTH v. BELLINO
Cite as 71 N.K.2d 411

red more than sixty days prior to the filing
of the sworn statement.

[5] The plaintiff points out that the
master has found that the plaintiff on

March 13, 1940, filed a sworn statement of
its claim within sixty days after it ceased
to furnish materials, but this finding does
not refer to the lot of goods manufactured
by Wheeler because the master found “that
the last of the materials furnished on the
job by this claimant was on February 19,
1940. The last delivery of Wheeler mer-
chandise was on December 17, 1939, and
the later deliveries were so called
sundry articles out of Massachusetts Gas

* * x

Mass. 411

is to be substituted therefor a sum com-
posed of $935.79 and interest. from the
date of the filing of the bill of complaint
to the date of the filing of the master’s
report, and this sum together with inter-

date of the new final decree together with
costs. The decree is to contain a provi-
sion ordering Quinn to pay the two
amounts mentioned in the original decree
with interest and with costs and that the
payment of said sum of $935.79 shall be a
discharge to this extent of Quinn’s indebt-
edness.

So ordered.

& Electric Light Supply Co. stock.” This

specific finding as to the lot manufactured
by Wheeler is decisive that the sworn state-

ment was filed more than sixty days after

the last delivery of these goods.

N.E. 315. Watkins v. Simplex Time Re-

corder Co., 316 Mass. 217, 223, 224, 55
N.E.2d 203.

[6] The final contention of the defend-
ants is that the plaintiff should be barred
from any relief because it wilfully and
knowingly filed a claim substantially in ex-
cess of what was owed to it by Quinn both
on the running account and on the lot of
goods specially manufactured by Wheeler.
This would be an absolute defense to a
bill brought to enforce a mechanic’s lien
if proved, and we do not intimate that the
same rule would not be applicable upon a
bill to reach the security by those who fur-
nished labor or supplied materials for pub-
lic buildings or other public works. See
G.L.(Ter.Ed.) c. 254, § 11; Barry v. Duf-
fin, 290 Mass. 398, 195 N.E. 511; Lampa-
sona v, Capriotti, 296 Mass. 34, 4 N.E.2d
621, 108 A.L.R. 430. The master has
found, however, upon unreported evidence,
that the burden of proving this conten-
tion has not been sustained. We sce noth-
ing with respect to this finding, either in
the report or in the exhibits, that demon-

Strates any error upon the part of the
master,

The final decree is affirmed except as to
the fourth paragraph and all the amounts

Mentioned in said paragraph, except the
amount of costs, are struck out and there

Mac-
Leod v. Davis, 290 Mass. 335, 337, 338, 195

COMMONWEALTH v. BELLINO et al.

Supreme Judicial Court of Massachusetts,
Essex.

Jan. 8, 1947.

Writ of Certiorari Denied March 3, 1947.
See 67 S.Ct. 872.
1. Criminal law €=478(1)

A practicing surgeon, who had been a
medical examiner for fifteen years, operat-
ed on persons with gun shot wounds, looked
at bodies of persons dying from bullet or
shot gun wounds, and examined bullet
wounds in nude parts of victims’ bodies,
was qualified as expert to testify for Com-
monwealth in murder trial that speckles,
observed by him outside wound made by
bullet fired into deceased’s nude back, and
black appearance under skin were due to
powder and that muzzle of gun was direct-
ly on deceased’s skin when bullet was fired,
though he never previously examined
wound made by bullet entering unclothed
back of any individual.

2. Criminal law €=478(1)

‘ A witness’ training and experience
may qualify him to give opinion concern-
ing problem which he never before encoun-
tered in precisely same form.

3. Criminal law €=1158(4)
A trial judge’s conclusion that wit-
ness is competent to express opinion on

est thereon is to be brought down to the

NY:

ef fot
Sune

i AE TE RIS I ae: SOME

goANHORSSEY PoyMoorj0sTe fsoqTyM “pxeME ‘NILSURD pUe “ETT TUd ‘ON

ie

eS ee ae ee

Lr semegomee st


in

April, 1932

Mrs. Bowser also proved herself to
be quite an observant young woman.
She furnished us with an excellent
description of Joe Stefanoski; far more
detailed and accurate than we had been
able to obtain from any of the other
people who had known him longer and
more intimately.

Another interesting bit of informa-
tion we picked up was that the miss-
ing farm-hand had been seen in Hud-
son Wednesday afternoon, July 30th.
He had been under the influence of
liquor, at the time, and was seen flash-
ing a large roll of bills. He was re-
ported to have announced that he was
going to Nashua, New Hampshire, to
get a woman friend out of jail, where
she had been locked up on a charge
of bootlegging.

I hadn't overiooked the possibility
that there might be some truth in the
contradictory stories that a score of
witnesses insisted Stefanoski had been
telling around during the past ten or
eleven weeks. Inquiries were tele-
graphed to Chicago, but just as I ex-
pected, no trace of the Stefanovicz
couple was found. None of the Polish
surgeons and physicians in and around
Chicago seemed to have had anything
to do with them.

2

HE records at the Middlesex

County Registry of Deeds were also,

thoroughly examined, and showed
that no deeds for the transfer of
any of the Stefanovicz real estate to
the farm-hand, Stefanoski, had been
recorded.

Mrs. Christiana Lubin, of Danvers,
a cousin of Mrs. Stefanovicz; and Mrs.
Dorothea Melivcz, another relative

The Master Detective

living in Everett; Ramon C. Majew-
ski of Cambridge, president of the So-
ciety of Hadwige—a Polish organiza-
tion; John Oley, another Cambridge
friend of Mr. Stefanovicz; were among
the many relatives and friends we pa-
tiently interviewed in a desperate at-
tempt to uncover some sort of clue to
the mysterious disappearances. But
all our efforts were in vain.

SUNDAY morning brought a crowd

of fully three thousand people, who
overran the Stefanovicz farm and were
restrained with difficulty by the weary
guards. The corps of detectives and
police working under my orders had
run down every lead that looked
promising, and about the only thing
left was the toughest job of all—dig-
ging up 163 acres of land to discover
the hidden graves.

Somehow, I realized, I didn’t feel at
all discouraged. I had a “hunch” that
the case was about to “break wide
open.” And something certainly broke
ene, rearing Sunday afternoon—and
ow!

A boy, wearing a baseball shirt and
cap, suddenly dashed out of the woods
and ran toward the house, dodging
through the scattered spectators. He
was obviously wildly excited. The
youth was John Eshtook, seventeen, of
192 Central Street, Hudson. Breath-
less after his hard run of nearly half a
mile, Eshtook gasped out his news. It
sent a chill of horror through the
crowd, but spelled hope and success for
the investigators.

“We found a bone sticking up in the

woods! [| guess it’s the murdered
folks! The dog barked and called us

AFTER THE CONFESSION

A photograph of the murderer
District Attorney Warren L. Bishop.

taken after his ten hours of grilling by
(Left to right) State Detectives Edward P.

O’Neill; Edward J. Sherlock; the killer; Corporal Raymond Foley of the State
Police; and Chief of Police Peter Larson of Stow, Massachusetts

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Curious throngs gathered at the Stefanovicz farm during the four days’ intensive

search for the missing couple.

The young man is pointing out a suspicious-looking

mound, which he thinks may hold the secret

over!” he told the officers when re-
lating the circumstances of his grue-
some find.

I went to the spot at once with the
eager lad; taking Chief Larson, Cor-
poral Foley, Trooper Regan, and the
indefatigable Twombly with me. On
the way, we learned the details.

Hobart King, fifteen, of Willow
Street, West Acton; with Emerson
Chickering, seventeen, of Central
Street, in the same town; were taking
a short cut through the woods, when
the furious barking of a dog attracted
their attention. Something under a
pile of brush appeared to be the cause
of the dog’s excitement.

Expecting that some small animal
might be hiding there, Hobart and
Emerson began pulling away the brush.
They were joined by Eshtook and
Charles Learned, nineteen, of 45 Pope
Street, Hudson. The dog’s excitement
became a wild frenzy, and his barking
increased to a crescendo of canine hys-
teria.

In another few moments, after they
had investigated, the boys’ excitement
almost equalled that of the dog.

THE brush had concealed a low,

grave-shaped mound. Sticking a
few inches out of the ground was a
whitened bone. One of the more ven-
turesome lads tried to move the bone
with his foot, but found it was firmly
fixed.

Realization then came to the quar-
tet in a sudden flash. It sent clammy
shivers up and down their spines.
Eshtook raced out of the woods to
spread the news, while the other three
remained there on guard.

We came hurrying up. Twombly
took one quick, keen look at the pro-
truding bone. “That’s a human el-
bow joint,” he announced, positively.
“We've got it—one of the bodies,
anyway.”

Eagerly, he began scooping away the
loosely packed earth with his bare
hands, while one of the State Police
Patrol gingerly wielded a shovel.

In that one shallow grave, covered
by only a few inches of soil, we ex-

-humed the bodies of both William Stef-

anovicz and his wife. The posture and
condition of the two, and the appear-
ance of the grave, itself, mutely told
the story of the grim tragedy.

ACROSS the faces of the victims were

the marks of heavy blows, appar-
ently made with a thick cudgel. The
top of the woman’s head showed a
wound made by. a different sort of
weapon, however. The bodies were
fully clad in the working clothes we
had discovered to be missing. Mrs.
Stefanovicz had been drawn into the
rave head first from the direction of
er home. Her husband’s -body ap-
peared to have been pulled in the same
way from the opposite direction. The
solution suggested was this:

Stefanovicz had been decoyed or fol-
lowed to a spot just beyond the grave,
or, perhaps, had been ambushed there,
and clubbed to death; probably in the
early evening. The murderer had then
stolen into the house, and struck down
Mrs. Stefanovicz in her bedroom on
the second floor. This would account
for the stains found by Twombly on
his first visit, and the heretofore inex-
plicable mystery of the changing
about of the beds from one room to
another.

In the dark of night, the woman’s
body had then been carried by the mur-
derer to the grave he had_ hurriedly
prepared near the edge of the woods;
and the man’s body pulled in from the
opposite direction.

The killer’s haste to get the bodies
buried, and obliterate the traces of his
ghastly crime, explained the shallow
grave. In the darkness, he had not

noticed that an elbow of the man he
had slain remained visible above the
top of the grave; and if he had passed
that way again in daylight, he had seen
only the concealing twigs and leaves.
and believed his secret to be safe. But
always that still elbow was thrust up
to mock the guilty man.

One could picture the qualms of the
murderer as the days passed, and he
considered the steps he had taken for
concealment, and the chances of dis-
covery. The ground in the woods is
bound thickly with tough roots, hence
digging is difficult. Yet, after he had
prepared deep graves in the open fields,
he must have feared to move the
bodies, so he had filled the holes in
again. One of these places we had
found was nearly a mile away; down
the lonely road toward Hudson.

This also seemed to explain the
shooting of the Stefanovicz dog. Prob-
ably the unfortunate pet had discov-
ered the shallow grave in the woods—
attracted Hf the scent of his dead mas-
ter’s telltale elbow—so the murderer
had fetched the shotgun and killed the
dog. Then, by a strange quirk of fate,
another dog had betrayed him.

WHEN Doctor Clyde Merrill, the
Medical Examiner, viewed the
remains, he found a strange depression
in the woman’s skull. He thought it re-
sembled the mark of an axe. The
bodies had been taken to Twombly’s
undertaking rooms in Maynard.

“Yes,” said Twombly, “and | think
I know the axe that did it. When |
went out there the first time, I saw a
birch wood-pile, and an axe with a
home-made handle. I was suspicious
of that axe. | didn’t like the looks of
it, because there were marks on it that
I thought were blood stains. So |
watched for a chance, and hid it behind
the partition in the shed.”

Two officers hurried to Stow and
discovered the axe in the hiding place
Twombly described. They brought it
back to6° Maynard, where it was found
that the weapon exactly fitted the
wound.

I had no doubt that the farm-hand
who called himself Joe Stefanoski was
the killer. And the evidence the able
work of Detectives O'Neill and Sher-
lock had helped me gather, revealed a
fiendish plot.

Through the telephone calls he had
made in his Polish tongue, the State
detectives followed a back trail to
Portsmouth, New Hampshire, and
found he was known there as Joe Gro-
boski, also as Geofsosky, and that he
had served two terms in Rockingham
County Jail—a year for larceny, and
three months for a liquor law violation.
He had changed his name to Stenosky,
and then after meeting the elderly
couple he later killed, had assumed the
new one of Stefanoski; closely resem-
bling that of his ay ap

The killer’s plot, I believed, was to
continue using this latest name, take
over his victims’ bank accounts and
property, sell out, and get away while
the relatives were hoodwinked by his
story of the mythical operation in Chi-
cago.

Every resource that could be bent

eartn.
Tuesd:
Harry |
ware* shi
was reac
tained a
when _ he
leged. m
him fn 1
Grobos
grindstor
Levy m:
have to
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Levy
spoke 1
overhear
to comm
“Send

voice 1
blue o1
Levy’s

Then
have to
stones 1
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FF
Jos
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ind

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Was
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it

April, 1932

to the task, I enlisted in the effort
to run Groboski, alias Stenosky,
alias Stefanoski, alias Stefanovicz to
earth.

Tuesday morning, August 12th,
Harry L. Levy, proprietor of a hard-
ware shop at 47 Stuart Street, Boston,
was reading a newspaper which con-
tained a picture of the wanted man,
when he eahed up and saw the al-
leged murderer standing right before
him in the store.

Groboski described a special kind of
—— he said he wished to buy.

evy made the excuse that he would
have to telephone about it. Then the
agitated shopkeeper gave the number
of the nearest police station.

Levy realized that every word he
spoke into the telephone would be
overheard. A killer wouldn’t hesitate
to commit another crime to escape.

“Send up two,” said Levy to the

The Master Detective

the other farm-hands, but upon being
told that this man would be sent for
to confront him, the prisoner admitted
that all the guilt was his alone. He
even had Stefanovicz’s automobile reg-
istration and operator’s license in his
possession.

GROBOSKI confessed that he had

decoyed the elderly farmer to the
murder scene with a false story of a
sick cow, and_used a four-foot length of
birch firewood for a weapon.  Stef-
anovicz made one loud outcry at the
first blow, the murderer related. Mrs.
Stefanovicz, he claimed, heard this in
the house, a quarter of a mile away,
and came hurrying down to the woods,
screaming all the way. He said that
he stepped out of sight into some
bushes, and when Mrs. Stefanovicz
bent over her husband, he beat her to
death with the same club.

Cleverly trapped in a Stuart Street hardware store, the suspect is taken in charge
by Officers Joseph H. Bradley and Francis E. Lanagan, both of the Boston,
Massachusetts Police Department

voice that answered; “plain ones, not
blue ones. This is 47 Stuart Street,
Levy’s hardware shop.”

Then Levy explained there would
have to be a brief wait for the grind-
stones to come. It was a fearful. test
of his nerve. He hoped plain-clothes
men would show up—if a blue-coat
appeared at the door, Groboski would
probably start shooting in a flash, he
suspected.

FFICERS Francis E. Lanagan and
Joseph H. Bradley presently ar-
rived, and Groboski admitted his iden-
tity. He went to the station-house
without any resistance. Later, he was
turned over to my officers and brought
to my office; where I questioned him
for hours before he finally quit lying,
squirming, and denying.
Cornered at last, he accused one of

The accused denied killing Mrs. Stef-
anovicz in the house, or using the axe
which fitted the wound in her head.
He claimed the crimes were committed
about eleven o’clock Sunday morning,
June Ist, and he insisted that Stefano-
vicz had owed him about two hundred
dollars for unpaid wages.

Groboski, recanting his confession,
went to. trial November 17th, 1930.
The State wove a splendid case, and

the outcome of the trial seemed
inevitable. Then something hap-
pened.

The defense played its trump card.

Mrs. Mary Stacia Stefanovicz, the
defense asserted, had been murdered by
her own husband. Groboski, while
rushing to her aid, had been attacked
by the furious William Stefanovicz. In
self-defense, after Stefanovicz had fired
a shot at him, Groboski had taken the

67

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68

gun from the wounded woman’s hus-
band and struck him over the head
with first the barrel and then the stock.

Groboski, demonstrating the strug-
gle with his defense attorney in court,
reached the heights of inspiration and
plausibility. He held the stock of the
shotgun before the jury, and pointed
out where a little piece of hard rub-
ber shoulder pad was missing from the
butt—knocked off, he said, by the blow
he struck Stefanovicz.

From a “sure conviction,” the trial
now veered to a “dubious outcome.”

The Master Detective

Unless the State could smash this de-
fense story, Groboski might go scot-
free. The State had to find a weak
link. And the State did.

THEY dug up the former owner of

Stefanovicz’s shotgun, one George
Earos, of Hudson, and learned that the
shoulder pad had been broken when
he gave the gun to Stefanovicz. Gro-
boski’s story was knocked to the
ground.

The jury brought in a verdict of
“guilty of murder in the first degree,”

mae on the morning of November 25th,

After a long period of desperate
fighting in an attempt to save the life
of the condemned man, the final date
of execution was set.

In the early morning of October
20th, 1931, Groboski, the fortieth per-
son to be electrocuted in Charleston
State Prison, went. to his death smiling
—curious and seemingly quite uncon-
scious of the violent, ghastly penalty
the law was imposing. Four heavy
shocks were necessary to kill him.

When Murder Rode The Mountain Highway

As though dissatisfied with his fiend-
ish work, Fate came to Mrs. Hennessey
in the guise of a friend to play a last
cruel prank.

A small insurance policy which her
husband had carried, had been paid to
Mrs. Hennessey by the insurance com-
pany almost immediately after his
death. It was all! that she had in the
world—a mere $465,

Thomas Murphy, a_longshoreman
and old friend of Spike, came to visit
her one day as she lay in her little
white bed at the Pierce County Hos-
pital. Mrs. Hennessey knew that he
had been a close friend of her husband,
and his sympathetic nature led her to
believe he could be trusted to take care
of her finances. An agreement was
made between them, and the money
deposited with a savings and -loan in-
stitution in Tacoma as a joint account.
This gave Murphy the privilege of
withdrawing funds from time to time
without Mrs. Hennessey’s consent.

Then one day Mrs. Hennessey unex-
pectedly needed some money to settle
an account. She asked Murphy for
the cash and was told that it was gone.
It seemed incredible, for she had drawn
but fifteen dollars of the money for her
own personal use.

She called in the authorities and it
was soon discovered that during the
two months of January and February,
1931, Murphy had withdrawn a total
of $425. A warrant charging grand
larceny was immediately sworn out,
and Murphy was arrested.

THE longshoreman readily admitted

that he had misappropriated Mrs.
Hennessey’s money to pay for liquor,
and some gambling debts, while she
lay in the hospital, helplessly crip-
pled and unable to prevent the spend-
ing of her money. Of the small sum
that Mrs. Hennessey had received upon
her husband’s death, but twenty-five
dollars now remained.

Murphy was arraigned April 8th in
the Superior Court, and pleaded guilty;
promising to pay back every cent he
had stolen, when and if he could.
Smiling grimly, Judge W. O. Chapman
sentenced him to from three to seven
years in the State Penitentiary at
Walla Walla.

Then, a month after Murphy had
been sent to the penitentiary, the same
fate which had caused death to ride
the mountain highway and claim the

tt

(Continued from page 29)

life of Spike Hennessey that June night,
while it sent his wife paralyzed to a
public institution; overtook one of the
two murderers.

A large sedan, bearing a Texas li-
cense and containing two men, aroused
the suspicions of Ben Torres, California
State Patrolman, at San Jose. He
stopped the car and questioned the oc-
cupants, who gave the names of J.
McCool and William Slinger but were
unable to give a good account of them-
selves. They were arrested. As they
were being finger-printed, McCool re-
marked to a trusty in the jail, “If they
can get prints from a counter, it means
the rope for me.”

While questioning the men, San Jose
officers noted a keen resemblance in
McCool to Weyrauch—who was wanted
by Tacoma for murder. His picture
had been broadcast throughout the
country by means of circulars, and he
had last been heard of in the South;
when Fort Lewis authorities inter-
cepted a letter from a remote part of
Texas, purported to have. been written
by Weyrauch.

It declared that he and Avrea were
guarding mining trains, and were doing
a little bootlegging and hijacking on
the side. It also stated that both
would return to Fort Lewis some day
to settle some old scores.

At first, the San Jose officers be-
lieved Slinger was Avrea, but the ar-
rival of finger-prints and Bertillon rec-
ords from Tacoma cleared him as far
as the Hennessey murder was con-
cerned. But McCool was identified as
the missing Weyrauch.

With the arrival of word in Ta-
coma that the man in San Jose was
actually Weyrauch, the wheels of
justice began to grind. Sheriff Fre-
mont Campbell revealed that the two
had been playing hide-and-seek with
the local authorities for several weeks
before their apprehension.

Weyrauch was reported as having
been in Pierce County only a week or
so before, and with the officers hot on
his trail, had fled Southward to Cali-
fornia and ultimate arrest.

When the two suspects had been
ties hy by Torres, the officer found
Washington and Florida license plates
in the car. After questioning, Wey-
rauch admitted he had stolen the ma-
chine.

It was from Slinger that deputy

-sheriffs'in San Jose got their first in-

timation that McCool might be wanted
for murder.

“We stopped at a place in Span-
away, Washington,” Slinger told the
deputies, “and McCool told me to go
in and tell a couple of women the ‘Sky-
rocket’ was outside and wanted to see
them. The women warned me to get
away from him, as he was wanted for
murder.”

Because they had taken the car from
one state into another, Weyrauch and
Slinger were turned over to Federal
authorities at San Francisco. Realiz-
ing that the shadow of the noose hov-
ered over him, Weyrauch readily ad-
mitted the theft of the car, in the hope
that a Federal sentence would save
him from State conviction.

He and Slinger were given a year and
a day at McNeil Island Penitentiary,
within a few miles of Tacoma. Wey-
rauch smiled as the Federal judge sen-
tenced him. He figured he had beaten
the “rap’ But when he was confronted
by Deputy Prosecuting Attorney Hil-
ton B. “Gardner and Deputy Sheriff
Harotd Bird at San Francisco, and in-
formed that he would be tried for mur-
der in the State court of Pierce
County; the smile turned into a look
of fear, and beads of perspiration stood
out on his forehead.

HE hadn’t beaten the “rap” after all,
for Pierce County could bring
Weyrauch from the Federal peniten-
tiary and try him for murder. If found
guilty, he would serve his sentence upon
the conclusion of his Federal term.

Terrified, Weyrauch babbled too
much to the two officers who were there
to obtain evidence that would send him
to the gallows.

While gathering data for the State’s
case against Weyrauch, the authorities
heard damning accusations hurled at
the former soldier by Slinger, his
nineteen-year-old companion and part-
ner in the car theft.

Slinger told Deputy Prosecutor
Gardner and Deputy Sheriff Bird that
he had heard Weyrauch admit to a
girl friend that he was a murderer.

He revealed that he, Weyrauch, a
girl named Mabel Tinsley, and another
girl, had traveled across the United
States from Tampa; Florida, to Baker,
Oregon, in two autos which Weyrauch
had stolen. Slinger stated that Miss
Tinsley had wanted Weyrauch to
marry her.

April, 19:

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*

tives was

stricken mate, the murdering hired hand
bludgeoned her to death too.

In Stafanosky’s pockets we found a wal-
let belonging to the murdered man. Among
other things it contained the automobile
driving license of William Stefanovicz.
The signature on this license ‘bore unmis-
takable signs that it had been used to trace
from. Thus was another mystery solved
—the mystery of how a man who could not
write had forged a signature on a check.

THE TRIAL of Joseph Stafanosky oc-
curred before Judge Thomas J. Ham-
mond during the November term of Mid-
dlesex Superior Court. The accused’s first
move was to repudiate his confession. He
followed with a story even more startling
than his crime.

He now claimed that he had come upon
Stefanovicz in the kitchen, beating his wife.

Joe remonstrated and the farmer attacked -

him. To save his own life, Joe grabbed
the shotgun in the corner and struck the
farmer with it and Stefanovicz fell to the
floor, dead.

When Joe examined Mrs. Stefanovicz he
found that she, too, was dead—killed by
her husband. Fearing that he_ might be
blamed in the double tragedy, Joe waited
until night, then buried both bodies in
the woodlot.

To support this weird tale, the shotgun

which had stood in a corner of the kitchen
was produced and the jury shown a nick
in the hard rubber butt plate, alleged by
the defense to have been made when Joe
struck his employer in self defense.
_ This all seemed very interesting to the
jury, but it was nullified when we produced
the man who had owned the shotgun be-
fore Stefanovicz and he swore that the
nick had been there before Stefanovicz re-
received the weapon.

The jury, in almost record time, brought
back a verdict of first degree murder and
Judge Hammond pronounced the death sen-
tence. . :

October 30, 1931, Joseph Belanski, alias
Stafanosky, alias Grobosky, began his last
walk. He was as emotionless as if he were
just going out to the barn. He had no
more fear of the electric chair than he had
of a milking stool. And he showed no
remorse for his brutal crime.

But I .still think that if someone had
mentioned the name of Big John Stavicz,
the man he cheated out of a month’s wages,
the callous murderer would have shivered
with fear! ,

ay ea

\

mad
~
=
‘
~~
|
aN
’

CUCU

aca

HOOSEGOW HARRY

INSIDE. DETECTIVE

The Crucified
Beauty

(Continued from page 11)

Perhaps Virginia Patty did not want a
full-time lover. Perhaps she felt remorse
over her betrayal of the kindly husband
who sent her away only because he feared
for her health. At any rate, her embraces
became a little cooler, and she began mak-
ing excuses to Tallman when he asked for
hours alone in her rooms.

Still later, when Frank Patty asked her
to come home to Portland, Virginia reached
a decision to terminate the affair. She
told Vivian Brennan, she told Tallman’s
roommates in San Francisco—she told
everyone except her lover himself. It can
only be assumed what happened subse-
quently, but Lieutenant Condaffer and
Patty both had a theory that Virginia
purposely went to Tallman’s apartment
and naively told him that it was all over.
And Bill Tallman wouldn’t—or couldn't

take it gracefully, and killed her after

a bitter quarrel.

There was ample evidence to support
this  reasoning—Virginia’s half-packed
bags at the Asbury, indicating that she was
planning the trip to Portland; her conver-
sations with Vivian Brennan and others;
the ghastly violence of the crime itself,
and the deserted apartment. Handsome
Bill, Condaffer thought, would have a lot
to explain when he stepped off the Ad-
miral Benson the next morning.

It was about 9 p. Mm. on the night of June
4 that Captain Martin Sohst of the Ad-
miral Benson received a radiogram from
the Los Angeles police, instructing him
to place Tallman under arrest aboard ship.
The veteran skipper, who knew by this
time that the youth had come aboard as a
regular paying passenger, found Tallman
in his cabin adjoining the radio room and
showed him the message.

“Did you do this, Bill?” Captain Sohst
asked gravely.

“Oh, my God, Skipper,” Tallman cried,
reading the radiogram. “This is awful. I
thought the world of that girl! But I
swear I don’t know a thing about it. I
only hope my folks don’t hear about this.”

“Well, Bill,” the captain sighed, “T'll
have to do as they say. You'll have to
come back here after your dinner, and Vil
station a man outside. I don’t like it—”
he shrugged, “but you can sce my Ppo-
sition.”

Tallman stared out the porthole, the
muscles of his face twitching. “Sure,
Skipper, I understand,” he said, smiling
faintly.

Captain Sohst thanked him and wrote
out the following radio message to the
Los Angeles authorities :

TALLMAN IN CUSTODY. HE IS
BEING HELD PRISONER _IN A
STATEROOM. BEEN ON BOARD
SINCE NOON AS A PASSENGER.
WHEN TOLD OF BEING SUSPECT-
ED OF THE CRIME HE SEEMED
STUNNED. CLAIMS BEING INNO-
CENT AND DOES _ NOT KNOW
WHEN IT HAPPENED.

SOHST.

Lieutenant Condaffer read the message
with his lips curling.

“Claims he’s innocent, does he? It’s
funny he didn’t seem stunned when the
newspaper reporter told him about the
murder before the ship left. Well, maybe
he'll have a different attitude tomorrow
morning.”

At 9:30 that night Tallman sent a radio-

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INSIDE DETECTIVE

: stric
things lave been happening too fast. I got “T can't,” whispered the man on the wire. who first discov , i ie
his picture last night.” . “He’s at the front counter now, looking at committed. acoeeret Oe Salient’ ht rare V3 1 .
He handed me a snap-shot of a group sit- _ knives. Send some policemen, and for  nished the police inestimable aid right up to “ “
ting on the running board of a car. He God’s sake be quick!” the time when another amateur Harry ix are
| pointed to one of the men. “That’s him,” The man hung up, and Hoban sprang Levy, put the finger on the man for us t Ts
| he said. | I got the picture from a friend to the door of the squad room. “Lanagan— But after the capture, the rest of the r
| of mine in Stow last night.” Bradley!” he called. “Go to the Stuart case revolved around. the purely profes- :
I accepted the little piece of paper as Street Hardware Store. Don’t know what’s sional problem of getting the suspect to f
carefully as I would have taken a priceless UP, but that fellow sounded mighty excited confess. For the brutish-appearing Staf- Y
Ming vase. Then I turned to a group of over the phone. Hurry!” anosky showed no emotion whatever when _
newspaper men, “So far I’ve given you Stuart Street is but a block from the we took him into the district attorney’s ;
all. the, breaks I could on this case,” I LaGrange Street station, and it didn’t take office, When we asked him where the qT
said. “Now I want you to give me one. Officers Francis E. Lanagan and Joseph H. Stefanoviczes were, he calmly told us they ‘
| I want you to print this picture of Joe Bradley long to reach the hardware store. had gone to Chicago. We told him of the a
Stafanosky as the man sought for the mur- _The squat, powerful man who stood with finding of the bodies. He merely shrugged. ale
der of the farmer and his wife.” his back to them did not turn around at It was hours later, after we had fired -
\ Will wel” they chorused. their entrance, but the little man behind the . ceaseless questions to no avail, that a cun- | fo}
i| Leaving Sherlock and O’Neill at the counter almost danced up and down in his © ning light came into his eyes "«“T talk,” he th
i farm with instructions to search carefully excitement as he motioned toward the cus- said. “Big John Stavicz killed them, an’ :
for a_ possible murder weapon or other tomer. f said he would kill me too if I told!” : ' St
clue, I set out for the state police head- The two policemen ranged themselves “Big John!” I exclaimed. ‘“He’s right ; Jo
quarters at Commonwealth Pier, Boston, to one on either side of the man. “What's outside the office. I'll bring him in and '
| get enlarged copies of the Stafanosky ‘pic- going on here?” Lanagan demanded. you can say that to his face.” , u
ture. : But the customer did not have to speak. Stafanosky leaped from his chair, For
| It was not a very good picture. The face One look at his face when he turned an- the first time, his brutal face registered emo- { ‘ (- me
| looking out at me was blurred and indis- swered all questions. It was the bestial  tion—and that emotion was stark, utter fear : oe
tinct, but it was so markedly bestial that face which had stared out of the pictures “Don’t bring him in!” he howled “Not x le
I felt it would be readily recognized when the patrolmen had seen at headquarters— him—he’ll kill me!” : atten he
\ an enlargement had been made. the face of Joseph Stafanosky, alias Gro- — I kept on going toward the door. Staf- bi
Copies were rushed to all the newspapers bosky! anosky’s face was a mask of bestial terror: . "
and | placed orders for thousands of cir- , Levy had recognized the man from sec- “Stop!” he yelled. “Stop—l'll_ tell I ih
culars to be distributed all over the coun- ing his picture in the paper, and with com- did it—but don’t bring him Mal” : |
try. Hundreds of pictures were sent. to mendable courage and intelligence had kept Ten hours after we entered the room, we } .
police of M assachusetts towns and cities. him occupied at the counter while he phoned emerged with a confession, signed with: an f »
The search for the killer was on! from the rear of the store. “X” by Joseph Stafanosky, alias Grobosky ' in
; 7 es alias Belanski, the name 1 : ‘ . t|
THE NEXT DAY, Monday, O’Neill and NEW? of the capture was flashed to me __ entered this country nda pall hin: pond t 7
Sherlock again prospected Lynn, Lowell, vin Framingham, and I lost no time get- fore at Boston. We owed that confession .
| Lawrence, Nashua, Manchester, and_other ting back to East Cambridge, where Staf- to one thing—Stafanosky’s strange, unrea am
| northern towns with copies of the picture. anosky was taken for questioning. soning terror of the man caper Big y
ar this time they anges : a_i P 4 i ee noon, Tuesday, August 12, John. a _e fc
| _Our man, two years before, ha _serve when I had first sight of the man I had Accordin i re + n
| P time in Portsmouth, New Hampshire, for been trailing day and night. He was less killed the te ania aint 5 id pa } "
bootlegging. and again for chicken stealing. than medium height, but his shoulders were over their farm. First he lured William -
Only at that time he had gone under the broad and the powerful arms were too Stefanovicz into the woodlot with a false °
name of Joseph Grobosky. long for the cheap blue shirt he wore. It story about a sick cow. ‘There he beat J
No wonder we couldn't find anyone who = was impossible not to recognize the low, him to. death with a birch club 7
knew a Joseph Stafanosky! heavy brows and the half-open, gorilla-like He returned to the farmhouse and told a
Thanks to Twombley’s finding that faded mouth of the snap-shot. Here, I knew, was Mrs. Stefanovicz that her husband had
hag bie in afta on ig in ball, a va who would be ~~ to crack. fallen down sick on the woodlot When '
’ ut it turned out to a most difficult an t was an amateur, arren Twomble ' ;
confusing trail. Grobosky, or Stafanosky, : ye ee the “Spot «and: pent « over her 4 '
had obviously taken pains to make it so. |
Our best bet, of course, was to keep a
close watch on the Polish settlements ©
the New England towns, And it was here
that we got our first tip. It came from
the Lynn police, who had word that Staf-
| anosky might be found in Malden with
| friends by the name of Malciewicz.
We rushed to Malden only to find that .
the Malciewicz family had moved to
Framingham. In Framingham we found -
they had again moved, leaving no forward- ' ‘
ing address. Detectives were assigned to q
trace the Malciewicz family and we turned
our attention to running down other tips.
The picture published in the newspapers
was beginning to show results. People 4
were calling up by the score, saying they F
had seen the wanted man. e knew he ; f .

could not have been simultaneously in all
the places mentioned, but we carefully in-
vestigated each tip, hoping for one goo
one.

Again the hunt moved to Framingham
when Thomas J. Flannigan of Wellesley

Framingham. This was the second tip we
had received that our man was in Fram-
ingham, and in cooperation with the local
police I made plans to comb the city.
thoroughly.

3ut even as I was organizing the search-
ing party, the phone rang in the LaGrange

Street police station in Boston. Sergeant
Leo Hoban picked up the receiver.

“This is Harry Levy at the Stuart Street

”

Hardware Company, 4 barely audible

\ voice said. In a shallow grave such. as this one being probed by Massa husetts’ dete
| “Speak louder,” Hoban ordered. found the grim answer to the riddle of an Scniebed pace a mam s

| 62


ig around ona

CAGO HOS-

erlock,” I said
race the Polish
of Stafanosky.
an find Stafan-

ng.”

- him a list of
and asked him
Stefanoviczes.

»w—for one of

» was no record

famed state
usetts crime,
2 weirdest.

hands. I assigned
stations to see if
ago or elsewhere.
1, .
int to do a little

u bet!”

ry was right,” I
Chicago and other
‘| I can about the
\ selling milk right
cd. I want to find

mpany, which pays
the milk company,

‘cks made out to
‘resting to see how

re

saci st gs RS

——m ie

ne eee =

INSIDE DETECTIVE

the endorsement signatures for the past two months would
compare with those for previous months.

Recalling that Charley George said that Joe had bought
some grain, we next checked the Hudson Grain Company
where most Stow farmers got their supplies. The manager,
Charles Carvill, readily told us that Joe had been there, but
his story of the farm hand’s financial dealings gave us a bit
of a shock.

“Joe was here twice,” Carvill said. “He said his boss had
gone to Chicago and that Mrs. Stefanovicz was in Lynn with
relatives. On his second call he said he had bought the farm
and that Mrs. Stefanovicz was coming here to make out the
transfer papers.”

“Did he pay for the grain?” I asked.

“He tried to,” was the answer. “But the first time he had

a milk check made out to Mr. Stefanovicz. It wasn’t endorsed,

FEARED ONLY ONE MAN

Shown being quizzed by District Attorney Bishop (right), Joe Stafanosky,
alias Grobosky, alias Belanski, refused to crack until Bishop threatened
Then the suspect changed his mind.

to bring in “Big John” Stavicz.

so I wouldn’t cash it. Charley George was with him and he
asked Charley to sign Stefanovicz’ name to the check and he
would add his ‘X’. But I wouldn’t take it that way.”

“What date was that?”

Carvill consulted his records. “June ai”

“Did Joe ever come back?”

“Yes—on July 16, and then he paid cash for the grain he
had ordered in June and got more on account.”

“Did he appear to have much money ?”

“Yes, he had quite a roll of bills.”

A lot of money and a missing man’s check .. . they added
fuel to our suspicions. Where could a poor hired hand sud-
denly get a pocketful of cash? Was it his own life savings,
or was it blood money? I had my opinion, and it was borne
out by our subsequent investigation.

We learned that William and Stasia Stefanovicz owned
two houses in Concord which they rented. We also discovered
that the missing hired man had collected the rent from the

tenants for the months of June and July, telling them his usual
story that his employers had gone to Chicago and that he
had bought the farm and other property.

We also discovered he had sold six cows for cash. All of

‘this had been done illegally, so I immediately issued a warrant

for Stafanosky’s arrest on a charge of grand larceny. Se-
cretly, I believed him guilty of a far more serious crime than
theft and forgery. There now was no doubt in my mind about
the fate of Mr. and Mrs. William Stefanovicz—they had been
murdered, and money was the motive.

But to prove murder, one must. produce the corpse, and a
killer’s ingenuity often finds strange ways to dispose of
bodies. They might be buried somewhere on the 163-acre
farm, or they might have been carried away in the night with
the Stefanovicz horse and wagon to be secreted elsewhere.

Again I went over the house carefully, inch by inch, seeking
for some clue, but without success. I
searched long through the cellar, but the
dirt floor had not been disturbed.

The barn, too, revealed nothing out of the
ordinary. There remained the pile of dress-
ing by the cow tie-up. With willing neigh-
bors and men from the Concord state police
barracks to help we set to work exploring it.

And there the first body was discovered
—the corpse of the missing collie, Beauty !

“Well,” I said when the dressing pile had
been completely explored, “there’s nothing
left to do but spread out over the farm and
look for a place where the earth has been
disturbed.”

About a half hour later the searchers
heard a cry from Twombley and ran toward
a corner of the field behind the barn where
he was probing. Certainly, something had
been buried here within the past few months.

Feverishly the men fell to with their
pick-axes and spades, and in half an hour a
second body was exhumed. But it proved to
be the body of a horse which had died some
weeks before the Stefanoviczes disappeared !

By the time the horse was again buried it
was too dark to search further and I wearily
set out for East Cambridge.

Upon my desk was a report from the state
police chemist. The mop marks on the bed-
room floor of the Stefanovicz house, it said,
were not outlined in blood, Someone had
merely ‘spilled red wine there. Another sur-
prise in this baffling case!

My desk also contained two cancelled
checks. They were the Whiting Milk Com-
pany checks made out to William Stefano-
vicz for June and July. His name appeared
on the back of each as endorser. Strangely
enough, the signature seemed genuine when compared with
another copy of his signature I had obtained.

What could this mean? I racked my tired brain for an
answer. Could it be that William Stefanovicz and his wife
were in hiding, and that Joe was bringing them the proceeds
from the farm?

I dismissed this theory almost as soon as it came to me.
It was too fantastic, and it didn’t fit in with the splendid repu-
tations of the missing couple. But Joe could neither read nor
write. How then could he forge a signature cleverly enough
to fool a bank?

“He must have an accomplice!” I cried aloud.

But who? Charlie George, Big John Staviez, or someone
whose name had not yet entered: the case? There was no
telling—yet.

I turned my attention to another report—that of the assis-
tant who had telephoned relatives of the missing couple in
nearby towns. It was a complete (Continued on page 61)

43


r idyllic

se from
pointing
wing a
a road-
“mpt to
it guilt.

inas-
already

train,
self by

lefense,
ith the
.d made
h her—
jaw or
quently
he had
ved and
onstant-
-enchy,”
id defi-
t he,

he pris-
ntil the
brought
vas un-

nig sur-
ing the
-mitting
is of a
ee man-
victory
d Chal-

, Simon
most,
om of
client

«a been

after a
-esiding
ur, the
nid de-

he jury
iid send
an, that
rbitrary
life, the
ic, His
out.
~he will
his fall,
» which
would

a cop,”
Id have
uniform
in never

vife who
*: “That
se men
ier grave
mers has
for some
vandsome
er again.

ow oat

some,

NSIDE

+
on

™

\

e
Z
$ 3

The Deserted Farm

(Continued from page 43)

blank. None of those contacted had any-
thing to offer to aid us.

Discouraged, I was about to go home
and get some sleep when Sherlock and
O’Neill entered. They were tired and dis-
couraged too, for neither had found out a
thing to help us. No one in Lynn, Na-
shua, or other towns seemed to have ever
heard of a Joseph Stafanosky. There was
no woman doing time in Nashua for boot-
legging, and apparently there was no Polish
widow named Alice, with two children, in
Lynn. All we could do now was to dig
at the deserted .farm.

}{UNDREDS OF MEN, women and
children were at the old Hale farm
when I arrived there the following morn-
ing with Sherlock and O’Neill. It was
Sunday, and news that police were inves-
tigating the disappearance of the Stefano-
vicz couple had brought the curious in
droves.

Sergeant Foley and Twombley ‘hapeied
up the lane from the back pasture as soon
as they heard of our arrival. Their faces
were red with exertion and their shirts
were soaked with sweat. “What’s up?” I
asked.

“Plenty,” exclaimed Twombley. “The
whole back pasture is honeycombed with
graves!”

Seeing my look of bewilderment, Foley
explained, “He means places where graves
were started. We. found half a dozen
spots where someone had dug down a foot
or two, as if preparing a grave, only to
stop at the ledge beneath the topsoil.”

“Might have been done just to throw us
ongne track,” observed the skeptical Sher-
oc

But I had caught something of the ex-
citement of Twombley and Foley, and my
pulses raced as we followed the two toward
the back pasture. We had gone but a few
paces when a youth jumped the fence
and ran toward,us. His face was white
and he trembled.

“Oh, Mr. Twombley,” he blurted, “we’ve
found something !”

“Where?” we cried in unison.

“Over in the woodlot, sticking out of
a pile of brush. It—it looks like a—a
man’s hand, pointing!”

“You'll have to leave that dress here,
too. It’s stolen property.”

INSIDE DETECTIVE

We climbed the fence and as we hurried
back over the lad’s trail he told us his
name was Emerson Chickering, seventeen,
of West Acton. With his chum, Hobart
King, fifteen, he had been strolling through
the woodlot when their dog, a large collie,
ran toward a pile of brush, barking ex-
citedly.

Thinking that the brush might contain
a woodchuck the boys kicked aside the
dead limbs. What they saw caused Emer-
son to run for help while Hobart remained
to guard the spot.

And their gruesome find was enough to
give one cold chills in spite of the August
heat. It was the hand of a man sticking
up out of the earth, as if beckoning us
toward his hidden grave. Part of the
hand had been gnawed by animals.

Others had seen us run across the fields
and had followed. It was only a moment
before men with shovels laid bare the hor-
rible secret of this secluded spot.

Scarcely two feet beneath the surface
was the body of William Stefanovicz. The
head and face had been beaten most bru-
tally. At his feet lay the body of Stasia
Stefanovicz, likewise murdered by re-
peated blows upon her head and face.

Skirton and neighbors identified the two
mutilated bodies by the clothing and by a
brooch which Mrs. Stefanovicz wore. The
features were too broken and decomposed
to be recognizable. The man was dressed
in his working clothes and his wife wore
her house dress.

It was impossible to tell whether the
double murder had occurred in this little
clump of gray birch and scrub oak or
whether the bodies had been brought here
for burial from some other place. Months
had gone by since the dreadful crimes and
whatever footprints or marks of struggle
might have been on the ground were long
since obliterated.

Only one thing seemed certain after a
careful inspection of the scene. And that
was that the body of William Stefanovicz
had remained above ground for a matter
of hours after death.

The hand that had beckoned to us from
the grave indicated that rigor mortis must
have set in before burial. Otherwise the
arm would have rested naturally at the
side, or- across the body, as did the arms
of Mrs, Stefanovicz.

If the murderer had buried his first vic-
tim promptly, or had taken the trouble to

straighten that crooked arm, then his crime

might not have been discovered for weeks
or years—perhaps never.

Here, I thought, was a perfect example
of the fate which seems to work against
murderers.

The slayer of the Stefanoviez couple
had killed their faithful collie and thrown
him contemptuously upon the manure pile,
probably ‘to prevent his seeking out the
grave of his master.

And yet that grave, through the killer’s
own carelessness, had been discovered in
the very manner the slayer had feared—
by a dog!

I gave orders for removal of the bodies
to Twombley’s undertaking rooms in May-
nard, and summoned Medical -xaminer Dr.
Clyde H. Merrill and Dr. George Burgess
Magrath, eminent Boston pathologist, for
an autopsy.

There remained, now, the task of trap-
ping the guilty man. Only it wasn’t’ a
forger or a thief we were aiter now. We
were looking for a scheming, diabolical
killer.

For the hundredth time T wished that we
could lay hands on Joe Stafanosky. “We'll
have a hard job finding him,” I said. “No
one knows much about him. No two de-
scriptions tally. Tf only we had a picture
of him.

“That
claimed.

reminds me,” ‘Twombley — ex-
“T meant to tell you earlier but

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.

Police Chief Edward Callahan was

first at the scene of the crime.

agreed with Duggan’s premise that the
victim had been transported to the
marshes in a car and slain where-he
lay

The victim’s body was removed to
the W. C. Goodrich funeral home in
Lynn, where an immediate autopsy was
performed by Dr. Cusick. He found
nothing to change his original opinion
about the cause of death but concluded
that the vital organs should be sent
ta Frank Walker, state police chemist,
for analysis

At the same time. Duggan sent a
fingerprint man around to the morgue.
After recording the victim's impressions
and checking them against the Lynn
records, the expert laid a negative re-
port on the chief inspector's desk, along
with some photographs.

Duggan immediately dispatched In-

spectors John J. Hines and John ay

Welch to Boston with the pictures.
“Look into both the state and city po-
lice records.” he told them. “This vic-
tim could have a past in some other
section.” ‘

In the meantime the shoes. were dis-
covered to have been manufactured tn
Manchester, N. H. “Fine!” Duggan en-
thused to Murray. “Get up there and
make a list of all their local dealers.
Some retailer might remember the dead
man as a customer.”

The all-important item of the laundry
mark was then taken up. Duggan and
Foley toured the large washing estab-
lishments in Lynn but none acknowl-
edged the mark. Foley then volunteered
to check this lead against the state
police files of laundry marks.

Meanwhile the bullet had been re-
moved from the victim's back and turn-
ed over to the chief inspector with a
notation that it probably had been fired
from a .32 calibre Colt revolver. Dug-
gan made a list of its markings and
broadcast their description to police
throughout the state. This, he knew,
would prove important only if the au-
thorities ever had the murder gun in
their possession.

That night the fingerprint and laun-
dry mark clues also failed. Duggan then
sent the prints to the Federal Bureau
of Investigation in Washington, asking
an immediate check. By marning the
reply came—no_ listing

The newspapers had printed columns
about the murder, including a descrip-
tion of the victim's tattoo marks, but
no encouraging reports came in, al-
though there were some tips which sent

18

the othcers scurrying to various sections

of the North Shore.

Then, late in the afternoon of August
13. two days after the discovery of the
crime, Duggan received a_ telephone
message from Lawrence, 60 miles north-
west of Lynn. He notified Foley and the
pair started out on what seemed just
another wild goose chase.

At Lawrence headquarters they were
ushered into the office of the police chief.
who summoned two of his patrolmen,
Walter J. Travers and Gilbert H. Hul-
me. They had a story to tell.

According to the officers they had
been eating lunch in a local restaurant
that same day,: discussing the murder
far from their own bailiwick. Suddenly
the waitress spoke up.

“I came over from Haverhill in the
bus the other day with a fellow who
had Bob and Tsabel tattooed on his

Above photo shows Inspector Cha
which was found rolled up and crum

arms.” she said. “I noticed the marks
because he had his sleeves rolled up.

“Where's this waitress now?” Dug-
gan asked.

The two patrolmen said they could
take the investigators to her.

The girl, when questioned. could add
but little to what she had told the
officers. “I know he came from Haver-
hill,” she said to Duggan and Foley,
“because he told me. But I didn't get
his name. He said, ‘Just call me Tex’.”

HIS wasn’t much of a lead but the

Lynn inspector decided it was some-
thing he couldn't overlook, since the
identification of the tattoo marks seem-
ed fairly conclusive. He and Foley drove
to Haverhill. ;

It didn’t take long to get a line on
the tattooed man, especially after giving
the murder victim's description.

rles J. Kerivan exhibiting the blood-stained shirt
bled under the semi-nude body of "Tex" Williams.

cy 5 aioe mrererary

“That sounds like Tex Williams.” said
one of the local officers. “He's been
driving a cab around town, ever since
he. landed back from the war. He was
in the Marines.”

The officer produced a file on Wil-
liams, compiled when he applied for a
hackman’s license. This included a pho-
tograph which resembled the murder
victim, but there was discrepancy with
regard to the age. Williams was only
26: the medical examiner had said the
victim was between 35 and 40

Duggan and Foley had to make sure
At Williams’ address they found a rela-
tive who agreed to accompany them
back to the Northern Mortuary in Bos-
ton.

One look convinced him. “That's Tex.
all right,” he said. .

Duggan wanted to know what the
relative could tell him about Williams.

—con-
; with
about
2” he
i?”
ik. “I
ind in
min-
ver in
1e re-
“Read

street’s
“ddie’s
vue in
-game
Won-
ar re-
f the
police.

John
iate as
ylen in
wed to
State
finger-
id was

rack to

aed to

3 eyes
ne in-
e gray
5 on a
ined it

ds. But

curried
‘y and

; were
station
m one
e gray
lost no
operty

with a
where
ground
assume
Boston
{ three
ze, the

he de-
Neither
illiams.
of the
side as
layers’
ere he
ctives

by the
i Dug-
ijentify

3oston.
‘IL told
of big
being
- State
ts that
s had
snown
» held
s near
week,
in the

told
st the
. But
them
boys
der of
extra

ind in
th no
from

rer eS | VEER SRT eon ome eEERNETET er eronmeR e

end to end without hitting the trail.
They questioned dozens of suspects
without picking up any information.
No matter where they turned, it was
the same story.

Days turned into weeks with no

progress. The lack of results cut deep-

ly into Duggan. If the four badly
wanted bandit-killers were in Bos-
ton, then where were they. hiding?
Detectives were on the look-out for
them every minute of the day. Duggan
swore softly. For all he knew, they
may have left the city. They could be
safe and secure in a hundred and one
different cities throughout the coun-
try.

On second thought, Duggan didn’t
think so. He had a growing conviction
that they were holed up somewhere
in Boston. But how to determine their
whereabouts was the big problem.

Duggan and Foley backtracked in
their investigation, went over the
ground previously covered with ut-
most care in hopes of coming up with
some lead that may have been unin-
tentionally overlooked. Their efforts
were wasted.

Bb hg investigation remained inactive
until the first week in October.
Then came an unexpected break which
tore the case wide open. Frank Condon
of Boston came forth voluntarily and
told the police that he knew Wil-
liams’ killers. Condon, a taxi-driver,
was questioned by Duggan, Foley and
Lieutenant Crowley.

“I’ve got to tell all I”know,” Con-
don said, “because the heat is on. I
don’t want to get caught in the middle
of something I know nothing about.
All I’m asking for is a break.”

“That’s not for us to decide, Con-
don,” Crowley told him. “You’ll have
to take your chances. If you tell the
truth, it will go a long way toward
helping you,”

Condon, a short, fat young man,

sucked in his breath. “Okay,” he said.
“The car used was my taxi. There
were four of them. Charlie Mantia sat
in the front with me. In the back was
Dutchy Gertson and Phil Bellino with
a man they called ‘Tex.’ They told me
to drive out to the Frolics at Revere
Beach. They wanted to pick up girls.
They were feeling Sied-tin thew,
singing and telling off-color stories.
When we reached Revere, I was told
to keep-driving along the boulevard
to Lynn. Reaching the sand flats near
the open-air theatre, I was told to
stop. :
“Gertson, Bellino and ‘Tex’ got out.
Bellino said they wouldn’t be long.
I didn’t pay any attention. It didn’t
enter my mind that they might be up
to something. Mantia didn’t go with
them. We sat listening to the radio.
About ten minutes later we heard
what sounded like the backfire of a
car. Then Gertson and Bellino came
back. “Tex’ wasn’t with them. Mantia
asked them about it. Gertson said that
‘Tex’ had stayed behind to meet his
girl who lived nearby. I drove them
back to Boston and left them in the
North End. I never saw them after
that. It’s the truth. I swear it is,”

Lieutenant Crowley knew of the
three men mentioned by Valcenti—Ed-
ward “Dutchy” Gertson of Everett,
and Phillip Bellino and Charles LL.
Mantia of Boston. The three of them
had long prison records. Gertson was
particularly wanted. by the Boston
police for his part in a stick-up.  *

we was the fifth man?" Duggan
ASK CC

“What fifth man?” exclainied Con-

don in surprise. “There were only
four of them.”

“So you said,” remarked Duggan.
“But there were five men involved in

’ the dice-game stick-up in New Hamp-

shire that led to Williams’ murder.”

“IT know nothing about that,” Con-
don said. .

Duggan wondered what disposal
had been made of the murder gun.
“Condon,” he said, “did you make any
stops during the drive back to
Boston?”

“Yeah,” Condon answered. “I did.
I drove back to Boston through Chel-
sea. Near the Naval Hospital, Bellino
told me to stop. We were on the wood-
en draw-bridge. Bellino and Gertson
got out. I don’t know what they did.
Whatever it was, it didn’t take long.”

“T’ve got an idea what they did,”
Duggan said grimly. “Come on, Con-

‘don. Show us this spot.”

While a widespread manhunt was
launched for Mantia, Bellino and
Gertson, Condon directed the detec-
tives to the spot where he had parked
in Chelsea the night of the murder.
Condon pointed in the direction which
Bellino and Gertson had walked away
trom his cab. It was near a broken-
down fence bordering an empty lot.

“Let’s look around,” Duggan sug-
gested. “I’ve got a hunch we'll find
a gun somewhere around here.”

uggan never spoke truer words.

‘ Hidden under a thick pile of rubbish

was a .32-calibre revolver. And Wil-
liams had been shot with a .32! The
gun was rushed to Sergeant Charles
Van Amburgh, ballistics expert of
the State Police. Within twenty min-
utes Van Amburgh had completed
his tests.

“This is the murder gun,” he said.

Within the next 24 hours, Dutchy
Gertson was picked up in an Everett
pool-room. Phillip Bellino was nabbed

’ while walking along Chambers street

in the West End by Boston detectives.

Rushed to District Attorney Cregg’s
office in Salem, Gertson and Bellino
warded off all questions by main-
taining a stony silence. At one point,
both men, in their late twenties, said
they hadn’t the faintest idea what
the cops were talking about.

In the interim, the search for
Charles L. Mantia had been extended
throughout New England. Finally, he
was located, of all places, in the Hills-
borough County jail at Manchester,
N. H., where he was serving time for
the theft of an automobile. After a
legal delay, Governor Charles M.
Dale signed extradition papers which
paved the way for Mantia’s return to
Massachusetts in connection with Tex
Williams’ murder.

Mantia, a slick, weli-dressed man,
required no persuasion to talk. In the
parlance of gangland, Mantia. “spilled
his guts” for what he considered
good reasons.

“Bellino, Gertson, Williams, Jo-Jo
Cavagnaro and I pulled the dice-game
stick-up at New Hampshire,” Mantia
said to Duggan, Foley and Cregg.
“Here’s how it happened: Williams
was kind of sore at the dice gang be-
cause he had lost quite a bit of dough
at the games. He came to Boston and
asked me if I could get a gang to-
gether for a dice stick-up that would
net us at least eight thousand dollars.
I told him sure.

“T got Gertson, Bellino and Cavag-
naro. We stole a car to make the trip.
During the hold-up, it was Bellino
who shot Lane. Then we had trouble.

, Williams was the look-out. He was

supposcd to turn our car around for

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' co-operation,

the getaway. But he locked bumpers
with a car belonging to one of the
players... Williams beat it down the
road without waiting for us. We had
to steal another car and stopped to
pick up Williams as .he was walking
along.

“Bellino was pretty sore at Wil-
liams. He didn’t like the idea of Wil-
liams taking a powder. I sat in the
back of the car with Bellino and Gert-
son. In low voices, they figured they’d
better do something about Williams
before the cops nabbed him. In Boston
where we holed .up at an apartment,
things grew worse when we split a
hundred and eighty bucks between us
instead of the eight G’s Williams said
we'd get. Bellino and ‘Gertson said
Williams would have to be bumped
off. I told them we were in enough
trouble as matters stood. Bellino told
me to keep my mouth shut or I’d wind
up on a slab.

“That’s why I’m talking. I didn’t
know they were going to kill Williams
that night when we sto ped at the
Lynn sand flats. I stayed in the cab
with Condon. I thought they were
going to get a hot number plate
Bellino had buried in the sand in ease
we ever needed it for another stick-up.
Tex was wearing a white shirt. Bel-
lino told him to take it off-——that it
stood out in the dark and they might
be seen walking across the flats. Tex
removed the shirt and tucked it under
his arm. Then Condon and I heard
what sounded like the backfire of a
car.. When Bellino and Gertson came
back alone, I knew they had killed
Tex. I knew my life wasn’t worth a
plugged nickel unless I got away from
them. And that’s what I did. I had
nothing to do with Tex’s murder.”

“Then Cavagnaro wasn’t in on the
murder?” asked. Cregg.

“No,” Mantia said.

Cregg looked thoughtful. “Look

here, Mantia,” he said. “Bellino_and
Gertson won't talk. Are you willing
to go on the stand and tell the story
you told us?”

“Will it save my neck?” asked Man-
tia, beads of sweat breaking out on
his swarthy face. :

“I think so,” Cregg replied.

“AM right. I'll do it. I don’t owe
those guys anything.” :

Gertson, Mantia and Bellino were
held without bail for the Essex County
grand jury. On October 20th, Gertson
and Bellino were indicted for first
degree murder. Condon was held in
$5,000 bond as a material witness. A
“No Bil’ was returned against Man-
tia. On January 17, 1946, a grand jury
verdict was brought in against Mantia
as an accessory after the fact of mur-
der in the first degree.

When Bellino and Gertson went on
trial before Judge Joseph L. Hurley
and a jury at the Essex County Su-
perior Court on June 10, 1946, it was
Mantia who turned State’s evidence
to put the skids under his former
crime associates. On the 18th, after a
six-hour deliberation, the jury brought
in a verdict of Ist degree: murder as
charged in the indictments. Judge
Hurley promptly sentenced Bellino
and Gertson to death in the electric
chair. : ae

Mantia as yet hasn’t come up for
sentence.

Joseph “Jo-Jo” Cavagnaro was ap-
prehended and turned over to the New
Hampshire authorities to pay for his
part in the near-fatal dice game stick-
up. He was sentenced to serve from
three to five years in the State prison
at Concord for armed robbery.

THE ENnp

Epiror’s Nove: The names of Frank
Condon, John Lane, Ruth Crandall
and Ben Street are fictitious, for ob-
vious reasons.

DETECTIVE

Home, Drane thanked Kirk for his
and after taking his
address told him Mrs. Kirk would be

notified if she should be needed to

identify her slain friend.

When Kirk had left, Drane de-
tailed a patrolman to remain on the
scene to search for the missing
weapon. Then he and Brown left for
California Avenue to break the news
of the murder to the victim’s mother
and son. :

Bott the youthful Sonny and his

grandmother seemed completely |

overwhelmed at the detectives’ rev-
elations. Driven by the officers to the
mortuary, Mrs. Perry immediately
identified the body as that of her
daughter, but could give no reason
for the brutal stabbing.

“Essie was a grown woman,” she
explained, shaking her head incred-
ulously, “so I didn’t feel I had the
right to question her about her pri-
vate life. Second marriage? I’m afraid
you'll have to ask someone else about
that. Essie wasn’t given to -confiding

in me. Perhaps”’—she smiled, bravely
—“she felt I was too old to under-

CORPSE IN BUSHES

Continued from page 23

stand the Piaene women face to-

day. No, can’t tell -you anything
about this Fred that you say wrote
Essie a threatening note. Perhaps
Nancy can, though,” she offered.

“Who’s Nancy?” Brown asked.

Mrs. Perry blinked, as if she were
surprised at the question. “Why,
Nancy Harmon, of course, Essie’s best
friend. She lives only a few doors
from us.”

As soon as the officers had driven

‘Mrs. Perry home, they went imme-

diately to the address she had given
them.

The house was small but smart-
looking, and its owner matched it.
“Essie—murdered?” Nancy Harmon
gasped, clapping a _ well-manicured
hand to her heart. Then her artfully
rouged lips thinned. “Well, I can’t say
it’s as great a shock to me as you’d
naturally expect,” she went on in a
matter-of-fact tone. “I told the poor
thing she’d get into trouble, running
around with one man when she was
married to another.”

The detectives pricked up their ears.
“So the rumors of a second Marriage
are true?” Brown'asked.

Miss Harn
platinum-blo:
married Bob
I think it w:
‘she never ex;
the marriage
was afraid h:
prove, or Son
something. \
the best,” shi
way, Bob and
of things, an
the ceremony
February, I
me they’d ca’

“Do you
Drane asked.

Nancy Har:
signify she di}
duced him
wasn’t it?”

“Surely sh
new husband
Brown dema:

Miss Harn
“But she did:
give you a
Buchanan or
could find hi
on it. Anyhow
up in this
declared emp
only a day o1
or heard from
up.”

Drane clear:
forward inter
man—”

“Oh, yes. His
He’s an old adr
her for ages, |
for Bob Bucha
Bob broke up,
out again.”

“And you
she'd get into
her association
right?” Brown

“Well, natur:
Essie was a vy
and with two
there was boun
there?”

“If Mrs. - Bu:
her marriage \
know her hust
her?” Drane qu

“Well, but Fr:
Miss Harmon 1
that explained
Essie gave him
got hold of son
the most terrif
get revenge,
imagine how
she shuddered,
at three o’clock
ening to kill hi
him why Essie }
any more.”

Brown made
but he was alr:
hat. “Where doe
he asked at the

Miss Harmor
haven't the va:
with a shrug. “
he works in a ta:
in town.”

“In a city set
middle of cow c
be more than ;
tanneries,” Dra
castically.

There was ar
Brown’s _ partin

“You can’t kn
helped us,” he s

N ROUTE }
Brown rem:
Fred Creighton’:


! eS) vf.
e

gore f diy

-.

. Fe ~ ¢ ‘ Mis
e Medical Examiner Lawrence F. Cusick straddles the lifeless body of "Tex" Williams

Mey ag 6 .

pHie

while police officials of Lynn, Massachusetts, waiting for his report. look on.

BODY wiz MAR

BY BOB

SIMPSON

“TEX” WILLIAMS HAD TO HIDE BECAUSE HE

LOST’HIS HAT. NOW,

DUE TO KEEN DETEC-

TIVE WORK ON THE PART OF LYNN, MASS.,

POLICE, THREE MEN

CAMPERIN across the stretch
S of marshland adjoining an
open air movie theater near
Lynn, Mass., 11-year-old Stanley
Davis anticipated a cool swim in
the nearby Saugus River. It was
Saturday, August 11, 1945.
The lad was humming a popu-
lar tune, but the melody sudden-
ly froze in his throat. Just ahead
he saw a large object lying among
the sea grass. Momentarily check-
ing his pace young Davis peered
curiously. Then his uncertainty
became conviction: it was the
body of a man.
Greatly excited, the boy ran to
the highway and flagged down a
motorist. A few minutes later the

FACE COURT ACTION

alarm given by this man brought
three cars loaded with Lynn offi-
cials to the scene, about three
miles west of the city.

Included among the first ar-
rivals were Police Chief Edward
D. Callahan, Chief Detective In-
spector Charles T. Duggan, In-
spectors William J. Murray and
John F. Welch, and Dr. Lawrence
F. Cusick, medical examiner for
Essex County.

HEY found a man between 35 and

40 years old, about five feet nine
inches tall. weighing around 180 pounds.
Lying on his face, it was immediately
apparent that he had been dead ap-
proximately 36 hours.

The cause of death was no secret.

VITAL

Peering down at the corpse, naked from
the waist up, officers saw a solitary
bullet wound in the small of the back.
Cusick, making a brief examination,
said an artery had been severed, caus-
ing a hemorrhage from which the
man died within half an hour after
being shot.

Closer examination disclosed that the
victim had dark brown hair, a snub
nose, broad chest and shoulders, finger-
nails clipped closely, and tattoo marks
on both wrists. On the right arm was
the word “Isabel”; on the left “Bob.”
There were five-point stars with sun-
light rays radiating out from them on
each arm.

Underneath the body the investiga-
tors discovered a rolled-up white shirt.
There was no blood on this, nor any
bullet hole. The police conjectured that
the man had been made to strip partly
before the shot was fired, his killer or
killers probably reasoning that there
would be less chance of him being sight-
ed if he wasn’t wearing .the white shirt.

Inspection of the shirt revealed a
laundry matk and a manufacturer's la-
bel on the inside. of the collar. The vic-
tim’s shoes bore a trade mark and a
case number. Besides the shoes and
shirt the dead man was dressed in tan
colored gabardine trousers and a black
belt with brass buckle, believed by the
police to have been of army issue.

a

DE FECTIVE

Police claim “Tex” Williams was
murdered because he lost his hat.

His hands were smooth. indicating
be had done little or no manual labor.
and a partly smoked package of ciga-
rettes was found in his pants pockets.

A number of persons, sighting the
police cars, had come down from the
General Electric plant, only 200 yards
distant. Chief Inspector Duggan. in
charge of the case. had them look at
the murder victim, but no one recog-
nized him.

Duggan surveyed the proximity of
the American Legion four-lane highway.
which links Boston and Lynn, and
thought of Dr. Cusick’s estimate of the
time of death.

“This -probably happened Thursday
night,”” he told Callahan and the others.
“I believe this man was a ride victim.
brought here in a car, marched into
the ‘marshes with a gun at his back,
ordered to strip off his shirt and then
callously sbot.”

Notification of the murder was sent
to’ District Attorney Hugh A. Cregg at
Lawrence. the Essex County seat. He
immediately dispatched his chief in-
vestigator, Raymond A. Foley. a former
state detective whose record in solving
difficult homicides was impressive. Foley

17


to work. Duggan, Welch and Murphy
spent much of their time in Boston.
The two detectives checked the rec-
ords of the taxi companies, only to
find that the records of fares were in-
complete and not definite.

Three weeks passed. Duggan stuck
stubbornly to this lead. He knew it
was only a plunge in the dark and
that when it was over he and his men
might have to start on another trail.
At the end of the four weeks, Duggan
had a list of known characters in the
underworld that generally fitted the
description of the man in the slouch
hat. One by one the men were picked
up and questioned. The ease with
which each gave an alibi was amaz-
ing, and one by one they were re-
leased.

At nine o’clock on the morning of.-

October 4, Duggan, Detective Murphy
and Captain Frank of the Boston po-
lice waited at an elevated station in
Boston. The rush hour crowd came
out quickly when the train doors
opened. A man with a slouch hat was
in the crowd and he seemed to be in
a hurry.

Frank stepped forward, grabbed
him by the arm, whirled him around,

and said, “We want to talk to you,

Bellino.”

Philip R. Bellino, known to the Bos-
ton police as a small-time hold-up
man who had served time on several
occasions, looked at Frank, shrugged,
and answered, “Okay, but you haven’t
got anything on me.”

Frank knew that much. Bellino
was taken to headquarters. He was
nervous and his answers were surly
and angry. He was told to try on the
hat. It fitted him perfectly. Duggan,
a past master at the art of questioning
suspects, handled the grilling.

Duggan quizzed Bellino for five
hours. There was something about
the man—his nervousness, his evasive
answers—that interested him. An-
gonio Gardella, the man who had been
badly wounded when the dice game
was held up, was brought to Boston
to look at Bellino. He positively iden-
tified him as one of the hold-up men.
Other persons at the scene of the hold-
up looked at Bellino. They all were
sure that he was one of the robbers.

Finally, at the end of six hours, Bel-
lino growled, ‘“‘All right, I was there.
You can put the rap on me with these
identifications. But I didn’t shoot Gar-

della. Gertson did that.”
“Who is Gertson?” Duggan de-
manded.

“Dutchy’ Gertson,” Belino an-
swered. “Edward’s his first name. He
lives in Everett. I’m not taking the
rap alone.”

Gertson was picked up. He proved
a surly character, who ranted and
raved. He was under suspicion at
this time for robbery in Boston. When
Gardella identified him and Bellino
openly accused him of being in the
hold-up, Gertson admitted his part in
the crime, claiming he didn’t fire the
shot that hit Gardella.

“Now we've solved the hold-up,”
Duggan said, “But we don’t know yet
whether this is going to lead us to the
murderer of Williams. It won’t do

CLERGYMAN’S WIFE MURDERED—

Rochester, N. Y.—Mrs, Jean Hetenyi, 26, whose bullet-riddied body was found
in the Genessee River. Rev. George Hetenyi was held by police for the murder.

any good accusing these two of that
murder. They’re too hard and too
smart to break down on a murder rap
unless we have real evidence against
them.”

“And where,” Murphy asked, “are
we going to get that evidence?”

“We're going to find the taxi driver
who drove the killers and Williams
to the salt flats,’ Duggan replied. “Our
chance to do that is based on the prob-
ability that Bellino and Gertson, if
they killed Williams, would have used
a taxi driver they know, and possibly
worked with. They wouldn’t have
picked up just anyone on the street.”

Two more weeks passed. Duggan
and his detectives kept on the job. At
first, it looked as if they would have
no success. They couldn’t find any

taxi driver connected with the two
men.

“If he doesn’t come from the under-
world,” Duggan said, “he might be
some driver they knew and who isn’t
connected with crime.”

Three days later Duggan and the
two detectives suddenly hit pay dirt.
As a last resort, Duggan was checking
on the personal friends of Bellino. He
learned that one of these was James
Salah, who lived at 197 Longwood
Avenue, Brookline. And Salah was a
taxi.driver.

Salah was brought to police head-
quarters in Boston. He was a pleasant,
talkative chap. He readily admitted
knowing Bellino, and when Duggan
asked him about Lynn and a trip to
the salt flats, Salah took Duggan’s

67


The identification of the murdered
youth as Robert Williams, ex-Marine
recently discharged from the service,
made the murder one of those baffling
enigmas that doesn’t seem to make
sense. Williams had been wounded and
for that reason discharged. He had an
excellent war record. While he had
a number of acquaintances in Haver-
hill, none could give any possible ex-
planation why the youth had been
killed.

He had been home only three weeks,
and spent it, seemingly, trying to
make up for the good times he had
missed. He had passed his evenings in
night clubs, dancing and presumably
having a good time. He was well liked
by everybody, although many people
in Haverhill had almost forgotten him
after his four years in the service.
There were some hints that he had
out-of-town friends, but nobody
seemed to know much about them.
It was generally believed they had
been in the service with him.

He had spent considerable time at
the Crescent Night Club, a roadside
tavern, where he met Gracie Bird, a
pretty blonde, whom he saw often on
his frequent visits to the club. When:
Duggan went to talk to her, he found
her gone. She had left her job
abruptly and hadn’t told anyone
where she was going.

Back in Lynn, Inspector Duggan’s
orders for his men to plug away at
the case began (Continued on page 66)

4

IN THE HANDS OF THE LAW— , fo 8 @ ly CAUGHT— . |
Bellino is led out of police station - eS After his capture, Philip R. Bellino
after grilling by Inspector Duggan. . ke as <¢:e:  mamed Gertson as his partner in crime.


66

HEADQUARTERS

DETECTIVES

to bring results. Detectives Murphy
and Welch had spent four days talk-
ing to people in their district. They
had made no progress thus far, but,
working under Inspector Duggan, they
knew they were expected to keep at
it. On the evening of the fourth day,
Fred Yates, who lived at Mulberry
and Williams Streets, approached the
two detectives in his neighborhood.

“I don’t know whether this is im-
portant,” Yates said, handing the two
detectives a .32 caliber revolver, “but
I found it near the road where Mul-
berry and Williams cross. It looked
as if somebody wanted to get rid of
it and tossed it out of a car.”

The gun proved to be very im-
portant. It was turned over to Lieu-
tenant Arnold Chessy, a_ ballistics
expert, who reported an hour later
that the .32 caliber revolver was the
gun that had fired the bullet found
embedded near the spine of Robert
Williams.

Technicians working out on the salt
flats had been able to pick up a faint
tire tread some distance from the
place where the body had been found.
By following the tread down into a
draw they were able to find a more
distinct track deep enough to have a
plaster cast made of it.

These reports were ready for Dug-
gan when he got back to Lynn. He
looked them over, instructed Detec-
tive Murphy to take the revolver to
Boston for a check with the ballistics
department there. Then Duggan
studied the tracks. They had such a
peculiar tread that Duggan called in
Charles McKay, who owned and op-
arated the McKay Tire Service. Mc-
Kay was a close friend of Inspector
Duggan, and was often called in to
help in cases involving tire tracks or
treads.

He looked at the plaster cast and
said, “The car that made that tread
was a taxi. It came from a special
type of tire made for taxis. Most of
the big taxi companies use them.”

Slowly, by dint of hard and gruel-
ling work, Inspector Duggan eked out
the facts in a murder case that was to
prove the news sensation of the year
in crime for the state of Massachu-
setts. But Duggan knew that he still
had a long way to go. He had the
gun and the tire tread, both important
clues. But more information was
needed.

Duggan went back to Haverhill. For
four days he talked to all who knew
Williams, but he couldn’t discover any
reason for the ex-Marine’s death. The
blonde seen with him at the Crescent
Night Club had been located in Bos-
ton. She admitted knowing Williams
but denied any knowledge of why he
was murdered.

CRIMSON RIDDLE OF THE TATTOOED CADAVER

CONTINUED FROM PAGE 5!

“He was a nice kid,” she said, “and
I liked him, but there was nothing
serious between us. My leaving Hav-
erhill had nothing to do with his mur-
der. I simply got an offer of a better
job in Boston and I took it.”

Detectives Hines and Walsh checked
her story about a new job and found
that she really had been offered a
much better position in Boston. They
tried to question her about Williams,
but she brushed them off with the re-
mark, “I only met the kid three or
four times. I don’t know anything
about him.”

In Haverhill Duggan called on Isa-
bel Jones again. “Certainly, there
must be something you can tell me
about Williams,” he said. “You knew
him better than anyone else.”

“I knew him very well,” Isabel an-
swered. “There was a time when we
were sweethearts. That was why he
had his name and mine tattooed on
his forearms. Robert was sentimental,
but the war seemed to change him and
when he came back I didn’t see him
often. He was restless, and seemed to
want new company.”

‘Did he have any vices?” Inspector
Duggan asked. “No matter how small,
he must have had some and they may
be important.”

“Well,” Isabel replied, “he liked to
gamble before he went into the
Marines, and he liked dice and poker
even more when he came back. He'd
play any time he had a chance.”

“Gambling?” Inspector Duggan said
slowly. “Wasn’t there a dice game
about two weeks ago at a summer
camp near here? I recall something
about a holdup and a shooting.”

“I read something about it,” Isabel
answered. “But I don’t know if Rob-
ert was at the game. I didn’t see much
of him and didn’t know what he was
doing.” |

When Duggan left Isabel’s home, he
went directly to police headquarters.
Chief George Daly was in his office
when Duggan entered.

“How’s the Williams case coming?”
Daly asked.

Duggan sat down wearily. “I wish,”
he answered, “that mortals could
solve murder mysteries with the ease
and brilliance of mystery fiction de-
tectives. They never have to work
very hard. In this new case we have
only a few clues after weeks of plod-
ding.

“Daly, you had a hold-up of a
gambling game out at a summer camp
a week or so ago, didn’t you? Got any
dope on who did the job?”

“Think there’s a connection between
that and Williams’ murder?”

“There might be. It’s a long shot,
but it has possibilities.”

“Well, as a matter of fact, someoné

answering Williams’ description was
in the game and lost some money. The
bandits came in masked. We figure it
was Boston talent. They abandoned
their car near the camp when it broke
down. We found they had stolen it
in Boston. There was an old felt hat
in the back seat, but we haven’t been
able to do much with it.”

“Could I have a shot at tracing that
hat?”

“Sure, and I hope you get some-
where.”

Chief Daly gave Duggan the old
felt hat. It was an inexpensive type,
badly crushed and dirty. It was size
7, and in the inner band was the initial
si?

- “We've tried it for fingerprints and
got a few, but they weren’t distinct,”
Daly explained. “We know the hat is
a type that is sold in stores all over
the country. Have you got any leads
on the Williams case?”

“We know he was brought to the
salt flats in a taxi,” Duggan answered.
“We also figure that Williams was
picked up here in Haverhill by his
killer or killers and killed outside of
the car. He didn’t die right away,
which means his killers were in a
hurry and didn’t wait to make sure he
was dead. If we find out who held up
the dice game, we might have the men
we want. I don’t know. It’s shooting
in the dark and that gets tiresome.
But it’s possible Williams recognized
them and they had to kill him. It’s a
chance and I’m taking it.”

UGGAN took the hat back to Lynn.
He studied it. One thing was ap-
parent. The brim was soft and

out of shape, more so than the rest of
the hat. This could mean that who-
ever wore it had a habit of pulling his
hat down over his eyes. The letter
“B” was possibly the initial of his
last name. There was a lot of sweat
and dirt on the inside of the hat.

Detectives Welch and Murphy went
to Boston with Duggan. They worked
with the Boston police. Duggan had
a theory. The wearer of this hat
didn’t have much money. He kept his
hat pulled down over his eyes. He
was a medium-sized man. He was a
sloppy dresser.

- “We might find this man in the Bos-

ton underworld,” Duggan said to his
two detectives. “We can assume that
the taxi came from Boston. Check on
the records of the taxi companies.
Most drivers have to report on their
different fares.”

It was slow, tedious work. Plain-
clothesmen of the Boston Police De-
partment were sent into the under-
world to look for a man who wore a
slouch hat over his eyes and who had
the initial “B”. Informers were put

ie aN a shee

LTE


a

“a?

WAS hoping that his own danger

had made Tony forget the part I

had played in getting him into
trouble. I was never so wrong in my
life.

He headed the car out to the desert,
hitting eighty all the way. I didn’t
dare ask him where we were going.
A couple of times he threw a side-
long glance at me and then his face
broke into a smile. I knew what it
was that could make Tony crack his
face—only the suffering of someone
else. Nothing else seemed funny to
him. I shrank against the door on
my side of the car, but he gave me
no indication of his plans.

We must have gone.150 miles into
the desert, neither of us saying any-
thing in the cat-and-mouse game
that Tony was enjoying so much,
when he suddenly turned the car
sharply off the highway and began
plowing through the trackless sand.
I couldn’t tell what signs he was
traveling by, but he sure knew where
he was going. Half an hour later we
were at an empty cabin that could
never be found in a thousand years
by anyone who didn’t know just
where it was. It was one of the
hideouts the syndicate used when
necessary.

“Okay, get out,” Tony snarled.

I thought I knew what I was in
for. I expected him to beat me with-
in an inch of my life. And there was
nothing I could do about it. I got
out of the car and walked into the
cabin. —

It was a two room affair, roughly
furnished. There was plenty of water
in glass 5-gallon jugs and there were
crates full of canned food on the
floor. I quickly ran to one of the
crates, took a can in each hand. They
would be some kind of weapon against
Tony.

To my amazement I heard the car
start up. I ran out again and saw
Tony starting to drive off. He waved
a hand at me. “See you in a few days,”
he called. Then he laughed, and he
was still laughing as the car dwindled
into the desert perspective.

It was the only time I ever heard
Tony laugh. What a sense of humor
he had!

Relief at escaping a beating flooded
up through me in waves of hysteria. I
sat weakly on the ground and giggled
to myself. I had put it over on him—
I thought.

I wanted a reefer, bad. I took one
out of my coat pocket and lit it, and
sighed with satisfaction as the fa-
miliar sense stole over me of being
boss of the situation. It wasn’t such
a bad old world. And Tony was really
pretty dumb. I had fooled him this
time and I’d get him another time. I
took another drag. This was going to
be a swell vacation and I was the
smartest girl in the world. I felt like
turning handsprings. Idly, I noticed
that there was still about half a pack
of reefers in my pocket.

By noon the next day, I had smoked
my last loco weed cigaret and I was
beginning to get jumpy. There was a
queer dryness in my mouth. I poured

some water into a cup and drank it.
It didn’t do any good. The dryness
only got worse. I took the cup and
hurled it at the wall, smashing it into
a thousand pieces.

An hour later I-had a headache. It
started as a throbbing in my temples,
and soon was pounding away like
giant sledge hammers. Or was it rip-
saws it resembled, cutting through my
head, tearing it apart?

The light was beginning to bother
me. It beat at my eyes in knife-
edged waves. I tried closing them and
it didn’t do much good. I threw my-
self on one of the cots in the cabin and
buried my face against the rough
blanket. That felt better. But it was
torture trying’ to stay still. I could
feel little twitches all over me at the
ends of my nerves. I jumped up im-
patiently, screamed as the light cut
into my eyes. I screamed and
screamed. There was nobody to hear
me. Echoes of the sound rolled around
in my head like bowling balls.

“I'll scream softly,” I told myself.
Then I realized that was crazy. Was I
going insane?

By that. night I was crawling
around on the floor of the cabin and in
the dirt outside, scrounging around
for my butts. I found enough to roll
myself one more. My hands were
shaking so much it took almost an
hour to do. Finally I smoked it and I
felt better—a little while. ...

O SLEEP that night. I couldn’t stay
N still. And every step I took was a
shock through my body. I was
sensitive to everything. I thought of
walking out in the desert, trying to

.find the highway and getting help.

But then I wouldn’t be there if Tony
got back with more weed for me. I
was helpless.

Tony didn’t get back till three days
later. I was a complete physical and
moral wreck. I couldn’t stand the
thought of food and hadn’t eaten for
two days. I was burning with fever.
I ran out when I heard the sound of
the car and tried to run toward it. I
fell flat on my face in the dirt.

“What's the trouble, Dolly?” Tony
asked in a purr of mock solicitousness,
getting out of the car.

“Weed!” I gasped through parched
lips. “Gimme weed!”

He wouldn’t give it to me right
away. First he took me back to the
cabin, and looked pleased when he
saw how I had smashed everything
smashable in the place. He made me
cry and beg for it. Then he put one
of the brown paper cigarets in my
mouth and lit it for me.

“Remember, Dolly,” he said softly,
while I greedily sucked in the poison-
ous smoke. “If I ever get put away,
you won’t get any more weed. You
oughta be protecting me instead of
trying to foul me up. I mean more
to you than your own life.”

It was true, too. I’d rather have
died than go through that torture
again. I knew I could never afford
to cross Tony again. I knew he could
do anything he pleased with me, as
long as he supplied me with reefers.

From that time on I cooperated. We
went to another city and I was put
into school again, inducing more kids
to become marihuana addicts like me.

Tony warned me that he wanted me
to be a model student, the kind that
would never come under suspicion,
so that’s what I was. I studied hard
and got good marks in all my classes.
I kept my face washed and free of
cosmetics except for a little lipstick,
and I wore my skirts long and spoke
softly.

After a while, when I got old
enough and developed enough so that
no amount of acting demure and in-
nocent could keep the boys from
noticing me, Tony made me cash in
on that too. In school I still played
the lambie-pie, even going so far as
to wear a pair of fake eyeglasses to
keep anyone from suspecting I might
be an agent for the reefer syndicate.
But when evening came, it was off
with the glasses and on with the war
paint and a different date every night
of the week.

We kept jumping from one city
to another. That was the way the
syndicate worked. There was no wait-
ing until a place’ got too hot. I was
too valuable to them for that. They
can’t always get their hands on a
pretty young girl and own her body
and soul, as they did me. So they used
me as a ground breaker.

Being a kid myself, I had no
trouble getting the confidence of my
fellow students and getting them
started at the weed. As soon as I had
enough smoking regularly in one
place, I’d give the key names to Tony
who turned them over to somebody
else. Then we’d move out and start
in another place, while the schoo] I
left was still supplied with the dope
from the outside. That gave the ring
the .greatest benefit from my talents
and at the same time kept me from
being suspected.

And with Tony always threatening
to hold out on my personal supply
unless I kept delivering more and
more victims, I worked at it day and
night.

It’s hard to explain what happens
to a person living a life like that. You
might think I’d have gotten to hate
Tony worse and worse. I didn’t. Be-
cause I was growing to be more like >
him all the time. It was the world I
hated—the fellows I had to let kiss
me and the girls I had to be nice to—
the whole smug, hypocritical bunch
that lived their safe, sheltered lives
in their comfortable homes and, if
they ever thought for a minute of
people like me, would just turn on the
radio and think about something else.

I got so that I enjoyed wrecking
the lives.of the people around me.
There was a kick in watching good
girls go bad as the weed got in its
work on them. Why not, I figured.
Were they any better than me? Every
time another young fellow ship-
wrecked a promising career, it gave
me the satisfaction of revenge 0?

society. Looking back now, I won-. *

der what it is that makes misery ye
love company. What good did it do «

ATWOOD, Elizabeth, white, hanged Ipswich, Mass, 1720

"seeeMassachusetts woman is Elizabeth Atwood who suffered at Ipswich

in the year 1720. (Exact date yet to be ascertained). Her crime was

ee einfanticide, We learn of her case from a book entitled 'History of
Ipswich, Essex and Homilton! written by Joseph Felt and published in

1B 4h. The book contains a short chapter entitled 'Trials and Executions
for Murder.' The entry concerning Elizabeth Atwood reads as follows:
'Aboyt 1725 (actual year 1720), Elizabeth Atwood, single woman, of
Ipswich, was hung for murdering her child. She gave no signs of being
properly affected by her crime or by the realities of eternity. She

put on, as many others in a similar condition have done, a mock courage,
which set at defiance the retributions of both God and man. As an evi-
dence of her callousness, tradition tells us thet as it was customary
for the executioner to have the clothes of those whom he executed, she

fitted herself out in the very worst of her apparel, and on her way to
the gallows she laughed, so that a woman who attended her saw it and

exclaimed: "How can you beso thoughtless on such an occasion?” and

that she immediately replied: "I am laughing to think what e sorry suit
the hangman will get from me!"!

"A later history entitled "Ipswich in the Massachusetts Bay Colony"

also mentions this case, though Briefly. There is a considerable re-
counting of Esther Rodgers followed by a one line mention of Elizabeth
Atwood, However is specifically stated '1720' instead of 'About 1725,!"
Letter dated September 19, 1987, from Daniel Allen Hearn, 11 Fresh
Meadow Road, Monroe, CT 0668


H pe last sum shing crervete fv Eliz. Atwood. J ee § iz
Assizes held et town of lpswich. We may conclude )

254 — DIARY OF SAMUEL SEWALL. £1720.

May, 15. My wife goes not out in the morning, and I
read part of Mr. Willard’s Sermon out of the Fountain
open’d, and prayed with her, which she took very kindly.
Went out in the afternoon, and visited little Sam. Sewall,
very sick. Mr. Cooper and his Bride went to our Meet-
ing, and sat in my Pue. .

May, 16. Set out for Ipswich with Scipio, dined at Sa-
lem with my Brot, Call’d at Madam Gerrish’s, Got in sea-
son to Mr. Rogers’s.

Elizabeth Atwood condemned this Court.

May, 20. Adjourn sine die.

21. Came home in Ipswich Road with Mr. Tyly and
Hiller; I came by Charlestown; Hiller from Lewis’s with
the L' Gov and Lady to Wiiisimet. |

May, 22. Went with my Wife to Mr. Colman’s: dined
at Mr. Stoddard’s. Mr. Cooper preach’d p.m. His wife
sat in her Mother Stoddard’s Pue; my wife in Mr. Hirst’s.
By reason of the Rain, came all four home in the Coach.
Mr. Cooper repeated his Sermon of the Vicissitudes of
God’s Providence.

May, 23. Gave more of the Fountains in Council.

May, 24. Went over to Charlestown, Gave to Mr.
Bradstreet and ‘Stevens each of them a Fountain with an
Angel tied up init. Sent a Fountain to Col. Phillips by
Mr. Graves. Gave one to Capt. Phips.

May, 25. Election-day. Mr. Stone preaches. See
about the Speaker. Finish’d the Election a little before
Nine.
May, 26. Upon the Governour’s coming into the
Council a little before eleven, he sat down in the Chair,
and imediately adjourn’d to 4. p. m. and went away.

Din’d with the Churches at the Dragon. Between 4
and 5. the Gov" adjourn’d to Ten ‘a-clock Satterday
morning, and presently rose up and went away. NB.
Went to Bed after Ten: about 11 or before, my dear
Wife was opress’d with a rising of Flegm that obstructed

?
i

| MW riding the circuit. This dine Essex us | -
the hanging tok place om May 30th |720.

1720.] DIARY OF SAMUEL SEWALL. 255

.
her Breathing. I arose and lighted a Candle, made J
Scipio give me a Bason of Water (he was asleep by the
fire) Call’d Philadelphia, Mr. Cooper, Mayhew. About Si
midnight my dear wife expired to our great astonish- = <>
ment, especially mine.’ May the Sovereign Lord pardon S
my Sin, and Sanctify to me this very Extraordinary, Ss
awfull Dispensation. Major Epes, Dr. Cotton Mather,
Mr,"'Williamé of Hatfield, of Derafield, Mr. Prince, Mr. -
Whiting of Concord, visit me in a very friendly and ;
Christian manner. Before Super I sung the 130" Psalm, SS
and a staff out of the 46. Mr. Williams of Hatfield, sympa- f
thising with me, said twas what befell the Prophet Ezekiel.

Satterday, May, 28. K. George’s Birthday. The Gov’
Consented to the choice of the Councillours, having Nega- A
tiv’'d Col. Byfield and Dr. Clarke. Col. Byfield said, There

are two things which men desire, Honour and ease, upon =

which account I thought your Excellency &. Aftera —
short speech, the Gov" dissolves the Assembly. I hear he
said he did it by reason of the Speaker ;° Intended to call .
anew Assembly speedily, 13. July ; and then he had hop’d
they would chuse one that should fear God, and honour the
King.

‘ We have already noted (vol. i. p. xix.) that Sewall’s second wife was
Abigail, daughter of Ja¢éob Melyen, and that she had married James Wood-
mansey and William Tilley. Her first marriage was May 17, 1686, and she
had Elizabeth, baptized April 10, 1687, and a son, who died in February,
1694. She married Tilley in 1706, whose will is dated Nov. 14, 1717, and
proved December 9th following. In it he mentions brother, John Tilley, of
Edford, County Devon, and sister, Elinor Tilley, of the same place; cousin,
William Tilley, Jun., of Boston, ropemaker; kinsman, James Tilley, who
lived with him; daughters, Isabella Armitage and Grace Clarke; son-in-law,
Jonas Clark, of Boston, brazier. We learn that William Tilley, Jun.,
James, and a third brother, John, came here to work at ropemaking for
their cousin, William Tilley, Sen.; that William, Jun., went to Newport,
RK. I., and left issue. It is evident that these two daughters were by a pre-
vious wife. — Eps.

* The House chose Elisha Cooke speaker, and the governor negatived him.
As the House would not elect another, it was dissolved; and Timothy Lin-
dall was chosen July 13th, when a new House met. — Eps.

”

A

- ATWOOD, Elizabeth, white, hanged Ipswich, Massachusetts. August 25, 1720.
“Essex Ipswich: August 25th, 1720.-In obedience to the within warrant and two reprieves
from His Excellency the Governor which I return herewith, the within named Elizabeth Atwood
on Thursday between the hours of two and five of the clock in the afternoon, was hanged up by

the neck until she was dead.-John Dennison, Sheriff.”-Sheriff’s return on death warrant. Mass.

State Archives.
2 HE Ae 2 I ee he ee hee 2 ke He ee ie he He 2 2 Ae ae 2 ie ie ke ie ee oie ae ee ie ee 2 ie ae a ee oie ke i ke ae fe a ok ke ak ak OE?

“About1725, Elizabeth Atwood, a single woman, of Ipswich, was hung for murdering her
child. She gave no signs of being properly affected by her crime or by the realities of eternity.
She put on, as many others in a similar condition have done, a mock courage, which set at
defiance the retributions of both God and man. As an evidence of her callousness, tradition tells
us that as it was customary for the executioner to have the clothes of those whom he executed,
she fitted herself out in the very worst of her apparel, and on her way to the gallows, she laughed,
so that a woman who attended her saw it and exclaimed: ‘How can your be so thoughtless on
such an occasion?’, and that she immediately replied: ‘I am laughing to think wa\hat a sorry suit
the hangman will get from me!’”-History of Ipswich, Essex and Hamilton, by Joseph Felt; 1834

FICK OOOO OO IG ORICA IO IGOR RIG IG OI GOK kkk kk

8 / Prison Memoirs

2. Andrews, Frank Earl and Dickens, Albert, eds.
from the Big House. Detroit:
190 p.
New Jersey State Prison, Trenton NJ

This volume contains fifteen short stories and a novel-
ette. Only one of these fictional pieces deals with prison
life--this a description of an execution. All are of poor
quality and little interest.

Voices
Marlo Press, 1972.

3. Ardelyan, John W. and Rohrer, Norman B. Convict's
Cry: A True Story about One of the Few Who Made It
Back. Chicago: Moody Press, 1970. 250 p. DLC

Sacramento Jail, Sacramento CA
Fred C. Nelles School for Boys, Whittier CA
Preston School of Industry, Ione CA
Alameda County Jail, Oakland CA
San Francisco County Jail, San Francisco CA
*California State Prison, San Quentin CA
' Stockton Jail, Stockton CA
*California State Prison at Folsom, Represa CA
Formula story: boy from large fatherless family spent
his youth with neighborhood toughs and was thrown into the
reformatory. Following an escape, he got deeper into a life

of crime, but was converted at Folsom and won an early
parole,

4, Arnold, Carl. The Kansas Inferno; A Study of the
Criminal Problem. Wichita, Kansas: Wonderland,
1906. 164 p. KHi
*Kansas State Penitentiary, Lansing KS

Presents excellent photographs of the prison, cell house,
library, mine, "Main Street, '' and dining hall. Detailed de-
scription of the rules, privileges, and routines of the prison,
with an essay on the laughably inadequate school (one hour of
Class per week), the precarious position of the Chaplain, the
shortsightedness and retributive attitudes of most prisoners,
the convict labor spoils system, and the impossibility of
Classifying a criminal "type. '' Includes reasoned and mature
recommendations for reform. (DLC attributes authorship to
Russell C. Arnold, KHI to Carl Arnold. )

5. Arnold, Robert (Convict 12627). The False Face of
Crime. Louisville? Kentucky, 1941. 25 p.
Bit
6. Arthur, A Negro. The Life, and Dying Speech of Ar-
thur, a Negro Man; Who Was Executed at Worcester,
October 20th, 1768, for a Rape Committed on the Body

to "avoid desertion from their masters, drunkenness and
lewdness, "'

Sen see
7.  Audett, James Henry. Rap Sheet; My Life Story. New

with

7a,

8.

break

of One Deborah Metcalfe,
Milk Street, 1768.

Broadside. OAU
Nantucket Gaol, Nantucket MA

Barnstable Gaol, Barnstable MA
Worcester Gaol, Worcester MA
Arthur describes his evolution in a life of crime, be-

ting in brief stays in several gaols, |

Civil Prisoners /9

Boston: Printed and sold in

York: William Sloane Associates, 1954
*United States Penitentiary, McNeil Island WA
*United States Penitentiary, Leavenworth KS
*United States Penitentiary, Alcatraz CA

Oregon State Penitentiary, Salem OR
"Blackie" Audett's Career in cri

the most notorious criminals

Bagdikian, Ben.
Keepers.

Bailey, J. Harvey. Robbing

284 p.

Banks Was My Business;

the Story of J. Harvey Bailey, America's Most Suc-

cessful Bank Robber, by J. Evetts Haley.
Palo Duro Press, 1973,
*Kansas State Penitentiary, Lansing KS

Texas:

Dallas Jail, Dallas Tx

Oklahoma City Jail, Oklahoma City OK

United States Penitentiary, Leavenworth KS

United States Penitentiary, Alcatraz CA

Federal Correctional Institution, Seagoville, TX |
Describes the May 30, 1933 Kansas State Penitentiary i

in which Bailey and four othe

Canyon,
210 p. KHi

rs took warden Kirk


_ lo-G- TA, ans es Oh. tbe Hap & G+ ee a Speci uae i;
: i 3c, Lam perenne es here. aa Retrial of te +uo Frenchmen ~
— and thee Indians be +h hove Wa the eastward by Capt.
db Doty, tor ety The — (Fithee dsm), had ther
trick _m wer diy 4 yr lece “Rawr Lil _and receNed Sextence of
DEATH, hel Wednesda the tril of He three Indians Came
on, who also were Daud quilt aly Pe [Thewite received sentence of

‘uyor ‘om, va ‘uuor foaqrtva

*ssem ‘uogog ye peSusey ‘dtttug ‘menw pues

DE ATH, _
(-3-1126.  Bostow, Yesteadey uns exeaded here. the tio Frenchmen, ;
(Sobher & sm),@ nd thyee Indians condemned for. fe Fhe. aan Z
of October ask : :
a pelea dat Oiek IT cide lees Dying 5 ale os
b DecLerachims of ohn Battes b hes sm, (Frenchmen), James Mase med g
Philip Muse & Sohn Michcels, (Indians), Sold by D. Henehman. ]

( Resume with stide HS. )

&
TC’ ATT
‘SBUME ‘FN

Lome Womdetc ey ee len Y Abe’ Lites


watted upon bv the Sheriff, and the inquiry was made whether : any further _delay

BARRETT, Thomas, hanged, Worcester, Mass., January 3, 185.
Mass Spy 8 Jan 1845 p.

The execution of Thomas Barrett, for the murder of Ruth Houghton, took place

within the walls of the Jail, in this town, last Friday morning.

«We are informed that Barrett's conduct, during the latter part of his confinement,
was perfectly proper. For several days previous to his death he was very much dep-
ressed, and took food with unwillingness. On Friday morning the Rev. Mr. Williamson,
the Catholic priest resident in this place, wtio had frequently visited Barrett
since his conviction, was with him ftom nine o clock till ten, when the prisoner was
was desired. The Priest replied in the negative, and ‘Barrett. walked, with the.

Sheriff, from the apartment in which his last interview with the Priest had taken
place, to the gallows, which was on the opposite side of the building. The platform
of the gallows was on a level the floor of the second story. It was supported
on one side by hinges and on the other by a small iron bolt, so contfived that it
could be slipped, in the twinkling of an eye, by means of a short wooden lever.
Barrett stood erect upon the platform while the warant was read to hin, after which
he asked the pardon of the Sheriff, and of Mr, Matthews, the Jailor, for some very
passionate conduct of which he had been guilty about there weeks before. The cap
was then drawn over his eyes, and the Sheriff put the rope around his neck. No
signal was given for the execution At twenty minutes past ten the boit underneath the
scaffold was removed and the prisoner dropped about three feet, and expired immediately.
He was a large man and weighed about two hundred pounds.

Fourteen persons witnessed the execution, among whom were three physicians, and

the Catholic priest, of this town, Sheriff Rice, of Hampton County and four Deputy
Sheriffs.
The proceedings were conducted with entire regularity, and this painful official

duty, it is said by those who were present, was performed by Sheriff Lincoln in the

most unexceptional manner.

The rope used was the same with which Carter was hung nineteen years ago.

The body of Barrett was delivered, about nine o' clock Friday evening, to the
Catholic priest, for interment.

We are informed that the Catholics do not permit, under: any circumstances,

the remains of a person convicted of a capital offense, to be buried in their

consecrated ground.


BARRETT = ‘Worcester, Mass, - 18)5 - Continued, :
Barrett made no public confession, but it is understood that he had previously

confessed his guilt to the Catholic priest, by whom he was attended at the awful
close of his earthly career. This will undoubtedly afford some relief to the minds
of many who doubt the propriety of the execution of any person, convicted on circum-
stantial evidence. Three or four hundred persons assembled in the vicinity of

the prison, a considerable portion of them Irishmen, but they were unable to

gratify their curiosity, and guietky dispersed.

Previous to the warrent for execution, a petition was presented to the Govenor
and Council for a commutation of the punishment to imprisonment for life, on the
ground, that as the evidence on which he was convicted was circumstantial, there
was a chance that he might be innocent. We understand that the council made a
careful investigation of the case, and became satisfied that there was no reason
to doubt the guilt of the prisoner, and as the case was a very aggravated one, it
was thought it would be «improper to interfer with the operation of the law, as
it would be equivalent to a decision that the law itself was improper, and ought, in
no instance, be carried into exectuion - a power which the council did not consider
the Executive to be invested with. An attempt was afterwards made to produce a
respite of the sentence for a short time, to afford opportunity for further investi-
gation. The grounds of the application were declarations made by one or more of
the jury before whom Barrett was convicted, that they desired a commutation of the
punishment, and believed the other jurors would join with them. The fact that
Barrett was intoxicated at the time of the crime was also urged as affording some
reason for not inflicting the extreme penalty of the law, so long as the, perhaps
equally guilty persons, in a moral point of view, who furnished him with the means
of intoxication was suffered to go without any punishment at all. But the committee
of the council, after a patient hearing of applicants, decided that there was no suf-

ficient reason for granting their request.


BARRETT, Thomas, hanged W orcester, Massachusetts 1/3/1845,

cowyepiee

of , :
\) lexxburion «7 wikaeeda
z "The exrer ¢ sentence of th the lave was executed ‘yout |
er 4 es Thomas Barrett, convicted: ‘of the murder |
W Min Hfeaghice, an ‘elderly waman, who lived {

knot
ott he pheriff's aaa omeent
vice Sor Garter, who was.

con oe twenty seard bgu
omen bathutts qin ;

it}] ie puma he
jgaving hie tell. He.

nee DE without a viraggle. He wae rent
inging about’ hwenty'} minutes, Daring th


‘

confided their fears to the ot

\ »

to prevent him testifying. Just about a

that time I lost out and wound up in’
Atlanta.

“While I was in the can Stuart and
Eisiminger cooked up this affidavit
scheme. They needed a good man to give
them advicé on how to go about it, so they
sprung me on parole. We went to work

_ and got copies of the signatures of several

people who had died since the Wyckoff
affair. The notary was one, and this
lawyer Swope was another. We faked
the affidavits, and since everybody whose
name was signed was dead, they naturally
couldn’t tell tales.”

Esca Milne was the first one picked up
in connection with the Lowery state-
ments. Milne readily admitted receiving
money from Eisiminger and Stuart just
before the doctor was to go on trial for

_ murder, and also verified Lowery’s story

that he had been shipped to New York to
be kept out of the way.
Federal authorities and county officials

both were so convinced that an iron-clad

case had been made against the notorious
Dr. Eisiminger and his accomplice,
Charles V. Stuart. This precious pair were °

arrested March 25, 1937 and brought to -

the federal building.

eg: er,
‘possible taint of dis-
rst to break this time.
He admitted everything that federal and
county men threw at him.

Stuart was a tougher nut to crack. He
was held incommunicado for two days.
But when ‘confronted with Lowery’s
story, he, too, broke.

“Tt wasn’t Lowery who committed the

- forgeries,” he said, “I did it.”

Stuart’s willingness to take the blame

“for the fake affidavits was very strange.

Somewhere in his past the promoter had
slipped up and the forger probably knew
enough about it to cause this seeming
altruism on Stuart’s part.

Oklahoma county re-opened its charge
of murder against Dr. Eisiminger. Just
before his trial the great man changed
his tune,

Whining his innocence, he complained
he would get a life sentence. :

He was a good prophet. °

‘On March 30, 1937, John William
Eisiminger, on the recommendation of
County Attorney Lewis R. Morris, was

iven a-life sentence by District Judge

en Arnold for the murder of Virginia
Wyckoff.

and Milne were shipped down to Houston
to stand trial for perjury, subordination of
perjury and conspiracy to commit per-

jury.

Federal Judge T. M. Kennerly sen-
tenced Stuart to four years and fined
him $1,000; Mae Gibbs was given an
eighteen months ‘suspended sentence;
Esca Milne was given eighteen months
in the federal reformatory, and the great
Dr. Eisiminger himself received four sen-
tences totalling seventeen years.

Eisiminger, who thought that abortion
murder, blackmail, extortion,. perjury,
counterfeiting, forgery, aiding and abet-

_ ting criminals, illegal medical- practices

and acting as a fence for stolen goods
could pay him a million dollars, undoubt-
edly will be able to reflect on this anti-
social career for the rest of his natural
life. If by any chance he ever gets out
of the Okla. prison, he still faces his
seventeen years in a federal peni-
tentiary. \

(Note: To avoid causing embarrassment to an

- innocent person, the name Grover Brown, used in

this story, is fictitious.) .

Crimson Secrets of the Deserted Farm

s

lawyer’s assistants had searched the rec-
ords but could find no trace of any deed
or property transfer to Joe.

Word of this got around quickly espe-
cially in Hudson where most of the aged
couple’s relatives lived. Now there was
no holding Mrs. Bobmis nor Skirton who
quickly confided their fears to Warren
A. Twombley, a Maynard undertaker and
‘a distant relative. xe)

“You.and I will go down and demand _
an explanation,” he told Skirton. — eR
On August 4, the two men went to the

Stevens farm.’ Charlie George, still hop-'
ing to get his money, had returned and.
was even then working in the fields. But
the farm had gotten beyond the stage

where two men could ever hope to do ~

anything about, it. Choking weeds,. evi-
dence of gross neglect, were every-
where. :

Twombley and Skirton sought Joe at
the house. Their knock brought him to

the door but he tried to close it in their

faces. \Skirton, however, thrust his foot ©
into the opening and forced his way into

the hall.

[Continued from page 7)
“T knew it!” Mrs. Bobmis moaned. °
But even now none was willing to take
the matter to the police. But it was

‘agreed that they would seek more evi-

dence against the farmhand, about whom,
they all suddenly discovered, they knew

nothing at all.

Who was this Joe, this man who called .

‘himself Stefanosky? —

Although suspicions increased, there

was not the slightest evidence that ,the

On August 6, while” they were still

.

ain man wit

; studying a course of action, J. J nGushing
a d .

udson, a feed and t
whom oe. was. doing: pugings in the old ©
man’s name, decidedto protect his in-
terest. Joe had promised early payment

- when Stevens came back, but Stevens had

not returned and the merchant wanted
his money, TA weit ; ve Aga

ae

9s !
be te.

\ NS

7 He dsnige 7 ere bs " ce
USHING grew tired of, the’ ‘hired

man’s promises, so he put the matter |

“We've come to talk to you about the. in the hands of Deputy Sheriff ‘William

old couple,” he said sharply. ‘
Joe continued to bar their WAS
house proper but Skirton pus

like'I said,” Joe retorted belligerently. :
He refused to talk further and grew

pugnacious when they persisted. Twom- ©
bley and Skirton withdrew rather than |

risk physical combat with the man. But
when they were outside Skirton drew

- Twombley excitedly toward him. +

“Joe told Annie Bobmis that ‘Uncle .
Will and Aunt Stacia took heir big trurk ‘°
with them. When I peeked through that ~

inside door I saw that trunk in the room.

I’m sure now that something has hap--
» -pened to the old couple!” Atos,

Twombley agreed with "him. ‘They
her. rélativ

into the:

} ed open .

a door to a downstairs room and peered »
ROSA aD

in. a ¢ ; t i
“All I know, Old Man go to Chicago —
about the abandoned barns but the

. the past few days.

4 ‘borrowed He ,
boot :

‘He Stiles at Marlboro,

N

an attachment, He foynd the. place

serted! Gi oI AN
Farm machinery lay in idleness, rusted
and unoiled, A’few stray cats roamed

‘no stock:

evidence nor signs th
had been around for some time

- . Stiles found the doors locked. Eon

peering through the windows he saw that.
‘someone had been in the house within
od on the kitchen

PE

table had not spoile
1

“T Jeft the place yes
farm laborer, © me We
dollars from me to go to.

said h 1 was in jail for

ed to, bail. he

Nashua. ]

» Stiles went to the Stow farm to serve é

se coh

4
be

re was ~.
at any .

esterday, Sa
e was there then. He 5% ¥ 2
_ tives to Stow immediately.

out and bring her back here to keep
house for us. That’s all I know.”

Stiles brought the man back to the
farm and installed him as a depttty sher-
iff’s keeper, instructing him to prevent
anyone from removing the attached farm .
machinery from:the premises.

But Stiles didn’t like the looks of things
about the Stevens place. Although he
planned to return to Marlboro, his job
done, he swung through Stow center and
visited Chief of Police Peter Larsen.

“Better go up there and break in,” he
told the officer. “I don’t know what
you'll find, but it looks phony to me.” |
Tn view of several talks he had had
with Mrs. Edson and gossip he had heard
Larsen decided to follow, Stiles’ -sugges-
tion. But he sought state police aid and
called the Lake Walden barracks of that
organization. Corporal Raymond Foley
was sent to Stow. :

“In May, Eisiminger, Stuart, Mae Gibbs"?

He and Larsen found Charlie George *

at the farm.

‘Foley and Larsen stalked through the
house where dirt and dust had been”
allowed to accumulate. They found noth-
ing suspicious until they reached the bed-

room formerly occupied by Stevens and

his wife.

With an exclamation of surprise the
state officer opened a closet and drew out
a man’s brand new suit. The former
owner of the farm was a large man.

“This looks like it might be Stevensitan 4

he told Larsen. “Why would he go away
and leave his best clothing behind?”

A hurried search revealed more of the .

farmer’s. clothes and what. seemed like
a complete woman's wardrobe. <
. Foley was too smart an officer to dis-
turb what might be evidence. He called

the Middlesex county district attorney's .
- office and reported his Sains aad sus-

picions. District Attorney Warren L.
Bishop agreed to send the State detec-

ated his office at the time were

tenants Edward J. Sh

r ft

lock and
veteran
farm.
Sherlo
the bedr
laborator
The s!
spots in
ceptiona
The of
son for
Mrs. Bc
the close
As sp:
attorne)
aifternoc
Sherloc}
suspicio
his wiie
“Tl k
spots ar
event,
farm tc
farmha:
Undo
deserte:
could fi
Joe hin
Leav
clues. t
ters of
mation
no one
or whe
Ther
that tl
Hudso
an uni
gone t
Mea
author
He we
patien
Pro:
left in
bank.

H}
th
$200
day
the f:
Th:
of Jc
had |
cided
On
from
diggi
recti
shov
loose
a ho
Nc
sligh
the
T
Bis!
The
nan
ata
O
to !
Blig
und
Bis
the
inv
int
thr
un¢
71
pil
col
sta
Be

brunette, who even now was trying to
tell reporters of her acquaintance with
the missing Joe. The detectives elbowed
her into the house even before she could
divulge her name.

She told police:

“I was picking berries in the field back
of the house about three weeks ago when
I saw this man cutting oats. He called
to me, something about picking berries
in his field, so I went over to talk to him.

“T found out that he was not interested
in the berries but in me. We got into a
long conversation and he wanted me to
take a position as housekeeper. at the
farm. Naturally I got curious about the
old couple who used to live here. The man
told me they had gone away for good and
he was the new owner.

“J kidded him along, letting him believe
I was interested in him. Finally I asked
him to pose for a photograph. I had my
camera along, and he did.”

Sherlock and O’Neil almost fell out of
their chairs.

“Where,” gasped Sherlock, “is that
photograph now?”

The woman smiled.

“Why, right here in my purse,” she
calmly replied, opening a rather large bag.

The detectives had given the news-
papers a description of the missing Joe.
Now the woman’s picture verified the
description.

She admitted visiting the farmhouse
several times to attend hard cider parties.

Boston newspapers, on the morning of
August 11, featured the Stevens . case.
They printed Joe’s photograph and scenes
of digging at the Stow farm. The result
was appalling.

From early morning until late at night
thousands of curious visited the farm.

They ran loose over the terrain and
poked and pried into every nook and
cranny. All this, they believed, came
under the head of helping the authorities.
Bishop saw no harm in it and refused to
have them ordered off. If they didn’t ‘help
the investigation, they did nothing to
harm it, And the publicity attending the
case, now regarded as a bizarre murder
mystery, actually might crack the crime
wide open, he thought.

HAT afternoon just before 4 o’clock
John Eshtook, 15, of Hudson, and
some friends, Charles Leonard, 19, and
Emerson Chickering. and Hobart King,
the latter two from Acton, were beating
their way through a wooded terrain in an
obscure corner of the Stow farm. With
them was a hound dog belonging to an-
other friend, George Murray of Hudson.
Suddenly they saw the dog running
around excitedly. They pushed their way
through the pines, birches and maples,
calling out: “What’s the matter, boy?”
In answer the dog barked.

“Gee, do you suppose he’s found some-
thing?” the boys asked each other.

Even before entering the little clearing,
they could see a rectangle of brown
earth, in contrast to the covering of grass
and pine needles. From the slope they
saw, even at a distance of 200 feet, that
something was protruding. They hast-
ened forward filled with great fear.

Horrified, they gazed down at a human
arm anda pair of upturned shoes sticking
out of the loose dirt.

“It’s them!” they cried.

A few minutes later young Eshtook
ran breathlessly up to Foley and Twom-
bley, standing talking in front of the
house, and gasped out the startling facts.

Bishop and I were talking to Detectiye
O’Neil, several yards away. Foley hailed
me.

Breathless and excited, the six of us
started for the scene.

Threading our way along a footpath
we began climbing uphill along a drouth-
stricken brook. One of the boys was wait-
ing for us and led the way to the clear-
ing. Twombley was first there. He saw
the elbow, knelt down and touched it,
then jumped up excitedly.

“This is the place, Foley!” he exclaimed.

Police shovels quickly uncovered two
hastily made graves andi revealed what
was left of William Stefanowitz and his
wife. Bishop supervised the removal of
the earth and ordered that Medical Ex-
aminer Clyde H. Merrill of Marlboro be
notified.

Stevens had died from a blow on the
head, for his skull was crushed and his
brown felt hat, buried beside him, had a
clean cut on the right side. He wore
overalls and heavy work shoes.

The farmer’s wife had been wearing a
long skirt and a woolen garment similar
to a shawl or sweater when she died. On
her head she wore a Cap.

Twombley and Skirton made the iden-
tifications. After Dr. Merrill made his ex-
aminations the bodies were taken to a
barn in the couple’s farm wagon and then
removed to an undertaking establishment
in Maynard.

Bishop continued Sherlock and O'Neil
in charge of the investigation and di-
rected them to give the search for the
missing farmhand the widest publicity.

The public was so shocked by the crime
that the clamor for Joe Stefanosky grew
hourly. State and county began planning
rewards for the capture of the man and
news of this spurred thousands of ama-
teur detectives to join the search.

Shortly before noon on the day follow-
ing discovery of the bodies, a man walked
into the store of H. L. Levy in Stuart
street in the heart of downtown Boston.
He looked familiar to the proprietor, who
had just finished reading his morning
paper.

“Tl came back for sharpening stone I
ask for other day,” he said brokenly.

Levy’s memory was instantly jogged.
He opened(his order book. He had en-
tered the man’s name two days before.
In amazement he read:

Beli Begay, 45-year-old Navajo Indian,
1937, was arrested after months of surve :
left. Begay is said to have confessed at the Indian agency at Tuba City, Ariz.

INDIAN ACCUS

ED OF MURDER

qi

accused of the murder of a white man in
illance by John Daw, native policeman, at

“William >
This was t
He just had
Levy took
newspaper. '
Staring at
the exact |
in front of !
Levy gulj
“T’m waiti
irom the fac
pardon me a
to send it r
The only
a yard awa
quickly Ley
the phone
number ot
station.
“Hello,”
the police s
Levy.” He
around tw:
member, 1
The serg:
A few m
Joseph Br
plainclothe
Levy meré
The detect
“What's
hand who a
self in the
Superinten

OTIF
Bostc
“T no kil
“IT leave
Charlie G:
Staves the
Bishop |
Boston p
turned th
county. (
Sherlock «
took the |
office.
Then be
stolid, su:
who soon
Belanski,
truth.
Facing
rounded |
Frank V«
sen, Blig
Dorothy
I, Joe beg
story of '
When !
inconsist¢
a fantas'
named
Stevens
looked o
“You re
and O'N
long list
the coup
mering
truth, Jo
Sitting
arette i!
by his
uation.
His fa
of emot
vestigat:
He sa
rooming
in a par
But he
the Ste
about hi


were

Jock: id Edward P.

y
der“

“Tip” O'Neil, two
veteran investigators who left for the
farm. A

Sherlock and O’Neil took one look at
the bedroom and sent a hurried call for
laboratory and fingerprint men.

The sleuths had’ discovered 15 dark
spots in the center of the floor, one ex-
ceptionally large and ominously black.

The officers sent to Maynard and Hud-

son for relatives of the missing couple. ©

Mrs. Bobmis identified the clothing in
the closet as that of her uncle and aunt.
As special investigator for the district
attorney’s office, I went to the farm that
afternoon with Mr. Bishop and found
Sherlock and O’Neil rapidly confirming
suspicions that both the old farmer and
his wife had come to some terrible end.
“T’]] know in a few hours whether the
spots are blood,” said Sherlock. “In any
event, we'll begin digging around this
farm tomorrow. I'd like to talk to the
farmhand, Joe, too.”

Undoubtedly Joe held the key to the
deserted farm mystery, but the detectives
could find no one who held the key to
Joe himself. - . ;

Leaving Foley to search the farm for
clues, they began touring the Polish cen-
ters of Hudson and Maynard for infor-
mation about the man. But they found
no one who ‘knew whether he had a past
or whether Stefanosky was his real/name.

Then the detectives suddenly learned
that the much-wanted Joe had been in
Hudson the day before, August 6, with
an unidentified woman! He hadn’t, then,
gone to Nashua!

Meanwhile, Bishop had wired Chicago
authorities to check up on their hospitals.
He wanted to learn if Stefanowitz was a
patient there.

Proof that the Stevens couple hadn’t
op ccm was found at a Concord

ank, :

HERO and O’Neil discovered
that the farmer and his wife had paid
$200 mortgage interest on May 20, the
day before they were last seen around
the farm.

This the detectives believed disposed
of Joe’s repeated stories that Stevens
had been planning the operation and de-
cided to deed’the farm to the hired man.

On August 8 a score of state troopers

from the West Concord barricks began’

digging at the Stow farm under the di-
rection of Corp. Foley. With picks and
shovels they toiled the entire day. Under
loose dirt they uncovered the carcass of
ahorse. A little later a cow was dug up.

Nothing was found that threw the
slightest light on what had happened to
the Stevens’.

The mystery deepened that night when
Bishop received a report from Chicago..
The police there learned that no patient
named Stefanowitz had been registered
at any of the hospitals since May 21.

On August 9, more troops were ordered
to the farm by the late Capt William
Bligh, chief of the state detectives. Still
under the direction of Foley, although

Bishop was supervising the entire case, ~

they prodded into every reasonable site,
investigated freshly dug ground, poked
into the pine grove behind the orchard,
thrashed and cut their way through dense
undergrowth. ; y
They soon discovered half buried in a
pile of refuse a stained pillow and a dis-
colored mattress. These were sent to
state police headquarters, then in the
Boston state house, where experts stilt

4 , ti? J (yh) ee Pky
ih Wn! eR ae th

\

- were. trying

Sg

e€
of the bedroom floor scrapings. eR

During the afternoon a squad of
troopers went several miles up a winding
old road exploring abandoned wells and
excavations after a neighbor of the Stevens
couple told police they had seen Joe on
several mysterious missions to that sec-
tion of the farm. Nothing was found:

The following day, August 10, the state
troopers turned their attention to danger-
ous quicksands surrounding nearby Cedar
swamp pond. ;

Old timers told dire tales of disappear-
ances in the quicksand; of. persons that
went down, never to come up.

The troopers, respecting these admoni-
tions, nevertheless began dragging the
mire, using foot bridges of planking to
reach the centers and wearing life-lines
about their waists as they worked.

When evening arrived they had futilely
labored 12 hours. If the vast bog con-
tained the bodies of William and Stacia
Stefanowitz it also held the secret. The
police still lacked even the slightest clue
to the, missing couple. '

Further mystery was added when lab-
oratory experts reported the stains on
the bedroom floor were not blood! Nor
was ee blood: on the pillow or mat-
tress! |

‘Tf murder had been committed, it was
not done in the house, the police felt
sure!

If only Joe, the farmhand, could be
found, he could,“police believed, explain
everything. Shertock and O'Neil pushed
their search for the man.

Pressing their hunch that a woman
would eventually lead them to Joe, the
detectives began to map out a different
jine of approach to this problem.

In and about the Stevens farmhouse
they found hundreds of liquor bottles,
most of them having contained hard
cider.

The state detectives appealed to Twom-
bley and Skirton to aid them.

Both Twombley and Skirton went
quickly to work. They were
mistic about producing results. But, sud-
denly, Twombley struck it rich! He was
able to obtain the name of a witness who

.. supplied information beyond the fondest
hopes-of the detectives.

On the morning of August 10, while
the troopers were combing the. bog,
Sherlock and
Stevens house, noticed a young woman
surrounded by a group of newspapermen.
Twombley was trying to get her away.

They quickly learned that the under-
taker was bringing to see them ‘a comely

59

not opti;

O'Neil, busy within the.

i

~ee are
SSS

SS

emp

SB cn a te ce neg
ot :

—)— aaa


“William Stefanowitz, Stow, Mass.”

This was the name of a murdered man.
He just had read about the case.

Levy took a surreptitious look at his
newspaper, then raised his eyes.

Staring at him from the newspaper was
the exact likeness of the man. standing
in front of him.

Levy gulped nervously.

“Tm waiting for that stone to come in
from the factory,” he explained. “If you'll
pardon me a moment, I'll telephone them
to send it right around.”

The only telephone in the store was
a yard away on the counter. Thinking
quickly Levy began thumbing through
the phone book. Finally he found the
number of the La Grange street police
station. .

“Hello,” began the hardware man. to
the police sergeant on desk duty, “this is
Levy.” He gave the address. “Send me
around two plains. Yes, two plains. Re-
member, not blues!”

The sergeant got the order correctly.
A few minutes later Special Officer
Joseph Bradley and Frank Lannigan,
plainclothesmen, walked into the store.
Levy merely said, “There’s your man.”
The detectives closed in on Stefanosky.

“What's the idea?” protested the farm-
hand who a few minutes later found him-
self in the headquarters office of Deputy
Superintendent James McDeavitt.

N OTIFIED of the arrest, I hurried to
Boston.

“T no kill the old couple,” Joe pleaded.
“I leave farm because old lady make,
Charlie George boss. Charlie and John
Staves there when I leave.”

Bishop knew this was untrue and the
Boston police after futile questioning
turned the prisoner over to Middlesex
county. Capt. Bligh, Lieut. Frank Hale,
Sherlock and O’Neil, all of the state police,
took the prisoner back to my Cambridge
office.

Then began a battle of wits with the
stolid, surly Pole, for Joe Stefanosky,
who soon revealed that his real name was
Belanski, resisted all efforts to get at the
truth.

Facing Bishop, the suspect was sur-
rounded by Assistant District Attorneys
Frank Volpe and Frederick Crafts, Lar-
sen, Bligh, Sherlock, O’Neil and Mrs.
Dorothy Brissett, Bishop's secretary, and
I, Joe began insisting that we believe his
story of the Chicago operation.

When Bishop showed him that this was
inconsistent with the facts, Joe then told
a fantastic story about a big Russian
named “John” who clubbed the old
Stevens couple to death while he, Joe,
looked on helplessly.

“You're lying, Joe,” shouted Sherlock
and O'Neil, confronting the man with a
long list of contradicting stories about
the couple’s whereabouts. They kept ham-
mering at him, “You'd better tell the
truth, Joe.”

Sitting coolly back in his chair, a cig-
arette in his fingers, Joe amazed us all
by his. complete indifference to his sit-
uation.

His face bore not the slightest trace
of emotion as, hour after hour, the in-
vestigators kept at him.

He said he had spent one night in a
rooming house in Malden and had slept
in a park the second.

But he would not tell us anything about
the Stevens couple, although he talked
about his conquests of women, not know-

ing that his vanity in posing for the pic-
ture had been his undoing.

Finally Joe, who had apparently taken
a liking to O’Neil, calmly blurted out:

“All right, I killed them!”

Within a few minutes District Attorney
Bishop had a complete confession marked
by Joe’s cross. He could not write. Be-
cause his statement was rambling, almost
unintelligible, Bishop gave out the fol-
lowing account of the murder:

“On Sunday, June 1, he accompanied
his employer, William Stefanowitz, to the
cow pasture in the rear of the farm to
attend a sick cow and with a birch club
struck him several blows over the head
while his back was turned, killing him.

“He stated that the wife, Mrs. Stefan-
owitz, heard her husband's cries and
rushed from the house to where her hus-
band was lying on the ground.

“She threw herself on the dead body
of her husband. Whereupon, in order to
conceal his crime, he struck the woman
over the head with the same club a num-

ber of blows until he was satisfied she
was dead.

“He returned to the house, obtained a
shovel and dug a grave a short distance
from the spot at‘ which he had killed
them, burying the bodies and covering the
graves with bushes.”

Booked as Belanski, the farmhand was
arraigned in Concord court the following
morning. He startled the crowd by plead-
ing guilty. Later a not guilty plea was
entered for him.

Bishop prosecuted this callous killer
when he went to trial before Judge
Thomas F. Hammond and a jury in Mid-
dlesex county superior court on Novem-
ber 17, 1930. He now claimed Stefanowitz
had killed his wife with a club and he,
Joe Belanski, slew his employer in self-
defense.

The jury convicted him on November
2 after being out only three hours.

The electric chair at Charlestown
prison claimed Joe Belanski, once Joe
Stefanosky, on October 19, 1931.

61

paws

enemas tee A EIT

art PSOE.

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“What's the story?” Duggan asked.
‘On August 5th, 1945, Legasse said,
a big dice game was held up by five
armed men at a summer camp. in
Newton, N. H., across the Massa-
chusetts state line. It took place at
1:30 in the morning. While two of
the bandits remained outside-and dis-
abled the players’ cars and cut tele-
phone wires, the other three walked
into the: camp and surprised over 20
ae Nog rolling the dice. .
he players were lined up against
the wall with their hands upraised.
The leader of the bandit trio kept
them covered while his companions
began to clean out their pockets. They
reached John Lane, ' of verhill. He
made a motion as if to draw some-
thing from inside his shirt. The gang
leader fired. Lane dropped with a
bullet in his head.

“Most of the guys taken over the
thurdles didn’t care to talk,” con-
tinued Legasse, “but Jimmy _Shahin-
ian, one of the players from Plaistow,
New Hampshire, gave me the inside
story. He.said the bandits. didn’t show

‘the slightest concern over the shoot-

ing. They got the dough together and
walked’ out after warning the gam-
blers to. stay put. Two of the boys
looked out in time to see the five
bandits pile into the car owned by
Ben Street. Street lives in this city.

‘|| Matter of fact, most of the boys stuck

were from this city. apd beg the
bandits got away. Yeah. They leit their
car behind. I worked the case with
Sheriff Simes Frank of Rockingham
County, New Hampshire: The car
was clean. No clues. We found it had
been stolen in Boston.”

“Boston, eh?” Duggan said thought-
fully. “This is getting very interest-
~~ What happened to Lane?”

ane, said Legasse, had, been rushed
to the Hale Hospital in Haverhill in
a critical condition. A delicate oper-
ation was immediately performed and
the removal of the slug which had
enetrated an inch and a half into
is brain saved his life. He was well
on the road to recovery.

“How about identifications?” Foley
asked. “Were the players able to
describe the three gunmen?” ;

Legasse nodded. “We have complete
descriptions,” he said, “but we haven’t
been able to do anything yet. We feel
that a Boston moo is involved. The
Boston police are working on it.”

Duggan, Foley and Legasse drove
to New Hampshire where ‘they con-
tacted Sheriff Frank. The sheriff was
more than willing to play ball.

“Here’s the way I figure it,” he said.
“The stick-up was carefully planned
and, judging from the actions of the
three gunmen in the camp, I’d say
they were fully aware in advance that
a game would be in full swing and that
they could expect to find a large
amount of money either in play on the
dice table or in the pockets of: the
players.” :

Something clicked in Duggan’s
mind. If the gunmen were fully aware
of the dice game set-up, then it stood
to reason that a fingerman was in-
volved. Legasse had said that most of
the players were from Haverhill.
Williams was from Haverhill, too. He
was mixed up in gambling activities.
He made numerous trips to Boston. A
Boston mob was unquestionably in-
volved.

So Williams could well have been

' the fingerman. Williams could have

been slain because of friction grow-
ing out of the dice game stick-up
shooting.

Duggan wanted more _ proof—con-
clusive evidence to link Williams with
the dice game bandits. “How about
the. car stolen by the’ gunmen?” he
asked the sheriff. “Was it found?”

“Sure,” replied Sheriff. Frank. “I
have a report on it. It was found in
Revere, ssachusetts. Wait a min-
ute.” He poked through a drawer in
his desk and came out with the re-
port. “Here,” he said to Duggan. “Read
it yourself.”

The report said that Ben Street’s
stolen car had been found in Eddie’s
Parking Lot on Ocean Avenue in
Revere the night after the, dice-game

holdup. When:the dog races at Won--

derland: Park ended and the car re-
mained uncalled, for, one of the
attendants had notified the police.
Officers Edward McCool and John
Contlon recognized the ‘rear. plate as
that of the car broadcast as stolen in
Newton, N. H. The car was towed to
the Luna Park garage where State
police experts went over it for finger-
prints and clues. All they found was
a soiled gray felt hat. °.

Duggan tossed the report back to
Sheriff Frank. “What happened - to
the hat?” he asked softly, his eyes
gleaming with interest and the in-
spiration of a sudden thought.

Sheriff Frank pointed to the gray
felt hat atop a pile of papers on a
steel filing case. Duggan examined it
carefully. There were no initials.-But
Duggan wasn’t worried. He hurried
back to Haverhill with Foley and.
oy

mce more Williams’ friends were
ee up and brought to the station
ouse. Duggan confronted them one
by one. He showed them the gray
felt hat. Every. one of them lost no

time in tabbing it as the* property.

of the slain man! ;

“That’s that,” Duggan said with a
pleased sigh. “Now we know where
we stand. We know the background
of Williams’ murder. We can assume
that he was the fingerman for a Boston
mob. And with descriptions of three
out of the four bandits at large, the
job shouldn’t be too tough.” .

Duggan and Foley studied the de-
scriptions of the three gunmen. Neither
of the three fitted that of Williams.
Williams apparently was one of the
two bandits who remained outside as
guards and to disable the players’
cars. At the Hale Hospital where he
was still bedded, the two detectives
questioned Lane.

Lane, his speech still affected ~ the
bullet wound in his head, told Dug-
gan and Foley that he could identify
the bandit who shot him.

Duggan and Foley drove to Boston.
Detectives attached to the BCI told
them they had heard rumors of big
stake dice and card games being

layed in camps just across the State
ine. They had also heard reports that
many big-time Boston gamblers had
been frequenting these games, known
as “floaters” because they were held
in so many different small towns near
the State line from week to week,
and never in‘a successive week in the
same place.

“Sure,” Lieutenant Crowley told
Duggan and Foley, “we’ve got the

descriptions of the three bandits. But ~

we haven’t been able to spot them
around Boston. Now that you boys
have linked them with the murder of
Williams, they’re bound to be extra
cautious.” .

Duggan and Foley worked -hand in
hand with Boston detectives—with no
results. They combed the city from

end to end wit
They questione
without picking
No matter whe
the same stor

_ Days turne

progress. The: la
ly into Dugga:
wanted bandit-
ton, then whe:
Detectives wer
them every mir
swore softly. F
may have left t
safe’ and secure
different cities
try.

On second tl
think so. He ha
that they were
in Boston. But !
whereabouts w

Duggan and
their investige
ground previo
most care in hc
some lead that
tentionally ove
were wasted.

HE investig
until the {
Then came anv
tore the case w:
of Boston cam
told the polic
liamsg’ . killers.
was questioned
Lieutenant Crc
“T’ve got to
don said, “bec
don’t want to g
of something -
All I’m asking
“That’s’ not
.don,” Crowley
to take your c
truth, it will ;
helping you.”
Condon, a ;:
sucked in his }
“The car usec
were four of t!
in the front wi
Dutchy Gertso
a man they ca’
to drive out ti
Beach. They v
They were fe
singing and t:
When we reac
to keep ¢drivir
to Lynn. Reac
the open-air
stop.
“Gertson, B:
Bellino said °
I didn’t pay
enter my min
to something.
them. We sat
About ten m
what sounded
car. Then Ge
back. ‘Tex’ w
asked them at
‘Tex’ had sta:
girl who livec
back to Bosto
North End. I
that. It’s the
Lieutenant

. three men me:

ward “Dutch:
and Phillip ]}
Mantia of Bo:
had long pris:
particularly
police for his

“Who was |
asked.

“What fifth

;
H


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the getaway. But he locked bumpers
with a car belonging to one of the
players.. Williams beat it down .the
road without waiting for us. We had
to steal another car and stopped to
pick up Williams as he was walking
along. :
“Bellino was pretty sore at Wil-
liams. He didn’t like the idea of Wil-
liams taking a powder. I sat in the

| back of the car with Bellino and Gert-

son. In low voices, they figured they’d
better do something about Williams
before the cops nabbed him. In Boston
where we holed .up at. an apartment,
things grew worse when we split a
hundred and eighty bucks between us
instead of the eight G’s Williams said
we'd get. Bellino and ‘Gertson said
Williams would have to be bumped
off. I told ghem. we were in enough
trouble as. matters stood. Bellino told
me to keep my mouth shut or I’d wind
up on a slab.

“That’s why I’m talking. I didn’t
know they were going to kill Williams
that night when we stopped at the
Lynn sand flats. I stayed in the cab
with Condon. .I thought they were
going. to get a hot number plate

Bellino had buried in the sand in case .

we ever needed it for another stick-up.
Tex was wearing a white shirt. Bel-
lino told him to take it off—that it
stood out in the dark’and they might
be seen walking across the flats. Tex
removed the shirt and tucked it under
his arm. Then Condon and I heard
what sounded like the backfire of a
car. When. Bellino and Gertson came
back alone, I knew they had killed
Tex. I knew my life wasn’t worth a
plugged nickel unless I got away from
them. And that’s what I did. I had
nothing to do with Tex’s murder.”

“Then Cavagnaro wasn’t in on the
murder?” asked Cregg.

“No,” Mantia said.

Cregg looked thoughtful. “Look

here, Mantia,” he said. “Bellino and
Gertson won’t talk. Are you willing
to go onthe stand and tell the story
you told us?”

“Will it save my neck?” asked Man-
tia, beads of sweat breaking out. on
his swarthy face. went

“I think ‘so,” Cregg replied.

“All right. I’ll do it. I don’t owe
those guys anything.” Peay

Gertson, Mantia and Bellino were
held without bail for the Essex County
grand jury. On October 20th, Gertson
and Bellino were indicted for first

’ degree murder. Condon was held in

$5,000 bond as a material witness. A
“No Bill” was returned against. Man-
tia. On January 17, 1946, a grand jury
verdict was brought in against Mantia
as an accessory after the fact of mur-
der in the first degree. —

When Bellino and Gertson went on
trial before Judge Joseph L. Hurley
and a jury at the Essex County Su-

perior Court on June 10, 1946, it was-

Mantia who turned State’s evidence
to put the skids under his former
crime associates. On the 18th, after a
six-hour deliberation, the jury brought
in a verdict of Ist degree murder as
charged in the indictments. Judge
Hurley promptly .sentenced Bellino
ang Gertson to death in the electric
chair.

Mantia as yet hasn’t come up for |

sentence. -
Joseph “Jo-Jo” Cavagnaro was ap-
prehended and turned over to the New

Hampshire authorities to pay for. his.

part in the near-fatal dice game stick-
up. He was sentenced to serve from
three to five years in the State prison
at Concord for armed robbery.

THE END 3

Eprtor’s Note: The names of Frank
Condon, John Lane, Ruth Crandall
and Ben Street are fictitious, for ob-
vious reasons.

DETECTIVE

Home, Drane thanked Kirk for his

| co-operation, and after taking his

address told him Mrs. Kirk would be

| notified if: she should be needed to

identify her slain friend.

When. Kirk had left, Drane de-
tailed a patrolman to remain on the
scene to search for the missing
weapon. Then he and Brown left for
California Avenue to break the news
of the murder: to the victim’s mother

‘| and son.

Bom the youthful Sonny and his

grandmother seemed completely |

overwhelmed at the detectives’ rev-
elations. Driven by the officers to the
mortuary, Mrs. erry immediately
identified the body as that of her
daughter, but could give no reason
for the brutal stabbing.

“Essie was a grown woman,” she
explained, shaking her head incred-
ulously, “so I didn’t feel I had the
right to question her about her pri-
vate life. Second marriage? I’m afraid
you'll have to ask someone else about
that. Essie wasn’t given to confiding

in me. Perhaps’—she smiled bravely
—“she felt I was too old to under-

CORPSE IN BUSHES

Continued from page 23

stand the problems women face ‘to-
day. No, can’t tell you anything
about this Fred that you say wrote
Essie a threatening note. Perhaps
Nancy can, though,” she offered.
_“Who’s Nancy?” Brown asked.
Mrs. Perry blinked, as if she were
surprised at the question. “Why,
Nancy Harmon, of course, Essie’s best
friend. She lives only a few doors
from us.” . :
As soon as the officers had driven

‘Mrs. Perry home, they went imme-

diately to the address she had given
them.

The house was small but smart-
looking, and its owner matched it.
“Essie—murdered?” Nancy IYJarmon
gasped, clapping a_ well-manicured
hand to her heart. Then her artfully
rouged lips thinned. “Well, I can’t say
it’s as great a shock to me as you’d
naturally expect,” she went on in a
matter-of-fact tone. “I told the poor
thing she’d get into trouble, running
around with one man when she was
married to another.”

The detectives pricked up their ears.
“So the rumors of a second marriage
are true?” Brown asked.

Miss Harmon nod
platinum-blonde coiff
married Bob Buchana
I think it was, but fi

-she never explained t

the marriage a secre
was afraid her mothe
prove, or Sonny migh
something. Well, maj
the best,” she said wit
way, Bob and Essie di
of things, and about
the ceremony—aroun<
February, I think it
me they’d called it q

“Do you know tt

- Drane asked.

Nancy Harmon spre
signify she didn’t. “Es
duced him to me.

: wasn’t it?”

“Surely she told
new husband looked 1
Brown demanded.

Miss Harmon loo
“But she didn’t. I wor
ive you a descrip‘
uchanan or an add
could find him if m:
on it. Anyhow, I’m su:
up in this dreadful
declared emphatically
only a day or two agc
or heard from Bob si:
up.” .

Drane cleared his tr
forward intently. “A
man—”

“Oh, yes. His name’s
He’s an old admirer of
her for ages, before :
for Bob Buchanan, an
Bob broke up, he sta
out again.” ~.

“And you warhied
she’d get into trouble
her association with C
right?” Brown prom]

‘Well, naturally, I
Essie was a very at’
and with two men c
there was bound to b:
there?”

“If Mrs. Buchanar
her marriage with yc
know her husband’s

-her?” Drane queried

“Well, but Fred sir
Miss Harmon return<

that explained eve
Essie ere him the g
got hold of some liq
the most terrific ber
get revenge, and-
imagine how awful
she shuddered, “he ac
at three o’clock one
ening to kill himsel
him why Essie had r
any more.”

Brown made a sy
but he was already
hat. “Where does thi:
he asked at the door

Miss Harmon sta
haven’t the vaguest

with a shrug. “All
he works in a tanner:
in town.”

“In a city set sm
middle of cow count
be more than a co
tanneries,” Drane s
castically.

There was an en
Brown’s parting

“You can’t know !
helped us,” he said.

N ROUTE back
Brown remarke
Fred Creighton’s a


i him to life
or.
Heaton was
2 Utah State
1917, he was
a free man.
11 1924, when
home to set-

and. Heaton

on July 2.
narrow rib-
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ened to him.
urve within

it plunged -

ent, landing
Fy e
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jarded as a
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tht in their
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more per-

‘ith a wry’
th you on

ie Boston
+h Deputy
aley of the
‘estigation. |
n investi-
once. De-
. Crowley,
and Spe-
were as-
the Lynn
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and =State
negative.
2ath when
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that the
no meeans
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Ewe”

.

of them growled. “How could we,
with his map like that?”

“How about knowing of: somebody
slated to go for a ride?” Duggan asked
softly. ; :

“Now Mister,” was the reproachful
reply, “you know better than to ask
a question like that. Murder is bad
business.” He jerked a thumb at his
companion, added: “Me and my friend
are deaf and blind on such matters.
We find it’s healthier in the end.”

“All right,” Duggan said angrily.
“But I want to tell you two guys one
thing. It’ll be just too bad if you cross
my path here in Lynn.”

Monday morning found Duggan’s
entire department at work on the
case. Although copies of the laundry
mark were distributed wide and far,
detectives went. ahead and began to
canvass Greater ‘Boston laundries and
cleaning establishments.

At the Boston office of the Sundial
Shoe Company, a check of the ship-
ping records revealed that the shoes
worn by the victim were a part of a
large shipment sent to upper Massa-
chusetts over a year ago. Among the
larger cities included were Lowell,
Haverhill, Lawrence and Andover.

Meanwhile, at police headquarters,
a conference was in session in Chief
Callahan’s office. Present was District
Attorney Cregg, Duggan and Foley.
Their ‘discussion involved the issue
of whether or not outside medical
assistance would produce some sort of
a lead to shatter the mystery of the
victim’s identity.

The upshot. was that Medical Ex-
aminer William J. Brickley of Bos-
ton’s Northern District was called into

the case. Doctor Brickley’s subse-
quent report almost floored the Lynn
investigators.

The murder victim, stated Doctor
Brickley, wasn’t more than 20 years
old! Because of his badly battered
features and the fact that he was
partly bald, it hadn’t been a diffi-
cult matter to class the victim as a

“much older man. As for a bald

at such a, youthful age, Doctor Brick-

' ley said it wasn’t unusual.

One paragraph in Doctor Brickley’s
report interested Duggan. It said that

_the victim was a person of excellent

physical health, with not an ounce of
fat. Doctor Brickley believed that the
victim had conditioned himself by
service in some branch of the armed
forces.

“That’s a break!” Duggan exclaimed.

He contacted the FBI in Washington
and requested that the victim’s finger-
prints be checked with those of all
discharged servicemen on file with
the War and Navy departments.

The investigation was extended to
sweep in the Suffolk Downs race track
at East Boston, the Wonderland dog-
racing park at Revere and the horse

race track at Rockingham. These —

spots were sometimes frequented by
underworld denizens and, to Duggan
and Foley, they stacked up as likely
sources for information which might
have a bearing on the victim’s iden-

tity.

Four days after the murder, on
August 15th, the Haverhill police
authorities notified Duggan that they
had a woman who claimed she knew
the identity of the murder victim!

“Get her down here fast as you
can,” Duggan told them.

Two hours later this woman was
closeted in Chief Callahan's office with
District Attorney Cregg, Duggan and
Foley. She said her name was Mrs.
Ruth Crandall, and that she worked as

‘with Williams,

a .waitress. Duggan’s eyes narrowed
at the sound of her first name. Ruth!
The very name that was tattooed on
one of the victim’s arms. He didn’t
press what was on his mind right
away; instead he told Mrs. Cran all
to go ahead with her story.

Mrs. Crandall, a comely young wom-
an of 23, said from the description of
the victim and the tattooes on his
arms which she noticed in the papers
she was positive that the body was

that of Robert “Tex” Williams, a very

good friend of hers. ,

Stopping her right there, Duggan
and Foley drove Mrs. Crandall to
Goodrich’s where, after a little hesi-
tation, she identified the murder vic-
tim as Williams. The final clincher
was the —— Mrs. Crandall de-
clared Williams had worn those very
a clothes the last time. she saw
him.

Back at Chief Callahan’s office, Mrs.
Crandall picked up the threads of
her story. She said that Williams was
only 18 years old and a native of
Evansville, Indiana. He had enlisted
in the Marine Corps when he was
ra 14 years old, his partly-bald head
fooling the enlistment officers, who
took him to be much older. .

After serving two years with the
leathernecks, Williams’ deception was
uncovered and he was discharged
from the service as under age.

Questioned as to her relationship
Mrs. Crandall said
they were good friends and _ nothing
else. Her name tattooed on Williams’
arm, she said, could be construed as
a gesture of affection.

Mrs. Crandall, quizzed over a two-
hour period, said that Williams lived
in Haverhill and that work was some-
thing he never bothered with. He al-
ways had plenty of money and made
frequent trips to Boston. Duggan’s
eyes narrowed at this statement. He
asked Mrs. Crandall if she knew any-
one Williams chummed around with
in Haverhill. Mrs. Crandall men-
tioned several names which Duggan
jotted down.

“Mrs. Crandall,” Duggan said. “I
want to know if you have any idea as
to Williams’ source of income.”

“I think I know,” she replied. “I’m
sure Tex made his money gambling.”

“Gambling, eh?” Duggan mused.
“That’s very interesting, Mrs. Cran-
dall. Is there anything else you can
tell us?”

“No,” she said.

Mrs. Crandall’s identification of the
murder victim was verified by the
FBI in a wire to Ag ei Williams’
record in the Marine Corps files car-
ried his fingerprints.

The investigation shifted to: Haver-
hill, one of the largest shoe-manufac-
turing cities in the country. With
Lieutenant Ovila J. Legasse of the
local police, Duggan and Foley went
to Williams’ home at 24 Ford Street.
A search of Williams’ room failed to
divulge anything of importance.

Next Williams’ friends were located
and questioned. They ‘denied ll
knowledge of Williams’ murder, said
they hadn’t seen him for over a week.
They had no idea who was responsible
for his murder. One of them did say
that Williams ran around with a fast
crowd of gamblers where sky-high
stakes were common in dice and card
games.

“You know,” Lagasse said to Duggan
and Foley, “there might) be a con-
nection between a shooting we had
here not so long ago and Williams’
murder.”

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end to end without hitting the trail.

They questioned * dozens of suspects
without picking up any information.
No matter where they turned, it was
the same — :

- Days turned into weeks with no
progress. The lack of results cut deep-
ly into Duggan. If. the four badly
wanted bandit-killers were in Bos-
ton, then where were they hiding?
Detectives were on the look-out for
them every minute of the day. Duggan
swore softly. For all he knew, they .
may have left the city. They could be
safe and secure in a hundred and one
different cities throughout the coun-

On second thought, Duggan didn’t
think so. He had a growing conviction
that they were holed up somewhere
{n Boston. But how to determine their
whereabouts was the : big problem.

Duggan and Foley backtracked in
their investigation, went over the
ground previously covered with ut-
most care in hopes of coming up with
some lead that may have been unin-
tentionally overlooked. Their. efforts
were wasted.

HE investigation remained inactive

until the first week in October.
Then came an unexpected break which
tore the case wide open. Frank Condon
of Boston came forth voluntarily and.
told the police that he knew Wil-
liams’ . killers. Condon, a taxi-driver,
was questioned by Duggan, Foley and
Lieutenant Crowley.

“lve Lae to tell all I know,” Con-
don said, “because the heat is on. 1
don’t want to get caught in the middle
of something I know nothing about.
All I'm asking for is a break.”

“That's not for us to decide, Con-
don,” Crowley told him. “You'll have
to take your chances. If you tell the
truth, it will go a long way toward
helping you.” -

Condon, a short, fat young man,
sucked in his breath. “Okay,” he said.
“The car used was my taxi. There
were four of them. Charlie Mantia sat
in the front with me. In the back was
Dutchy Gertson and Phil Bellino with
a man they called ‘Tex.’ They told me
to drive out to the Frolics at Revere
Beach. They wanted to ick up girls.
They were feeling good—you know,
singing and telling off-color stories.
When we reached Revere, I was told
to keepedriving along the boulevard
to Lynn. Reaching the sand flats near
the open-air theatre, I was told to
stop.

“Gertson, Bellino and ‘Tex’ got out.
Bellino said they wouldn’t be long.
I didn’t pay any attention. It didn’t

v

enter my mind that they might be up
to something. Mantia didn’t go witn
them. We sat listening to the radio.
About ten minutes later we heard
what sounded like the backfire of a
car. Then Gertson and Bellino came
back. ‘Tex’ wasn’t with them. Mantia
asked them about it. Gertson said that
‘Tex’ had stayed behind to meet his
girl who lived nearby. I drove them
back to Boston and left them in the
North End. I never saw them after
that. It’s the truth. I swear it is.”
Lieutenant Crowley knew of the
three men mentioned by Valenti—Ed-
ward “Dutchy” Gertson of Everett,
and Phillip Bellino and Charles L.
Mantia of Boston. The three of them
had long prison records. Gertson was
particularly | wanted- by the Boston
police for his an in a stick-up. °
“Who was the fifth man?” Duggan
asked, j
“What fifth man?” exclaimed Con-

don in surprise. “There were only
four of them.”

“So you said,” remarked Duggan.
“But there were five men involved in
the dice-game stick-up in New Hamp-
shire that led to Williams’ murder.”

“I know nothing about that,” Con-
don said. :

Duggan wondered what disposal
had been made of the murder gun.
“Condon,” he said, “did you make any
during the drive back to

“Yeah,” Condon answered. “I did.
I drove back to Boston through Chel-
sea. Near the Naval Hospital, Bellino
told me to stop. We were on the wood-
en draw-bridge. .Bellino and Gertson
got out. I don’t know what they did.
Whatever it was, it didn’t take long.”

“Pye got an idea what they did,”
Duggan said grimly. “Come on, Con-
don. Show us this spot.”

While a widespread manhunt was
launched for Mantia, Bellino and
Gertson, Condon directed the detec-
tives to the spot where he had parked
in Chelsea the night of the murder.
Condon pointed in the direction which
Bellino and Gertson had walked away
“rom his cab. It was near a broken-
down fence bordering an empty lot.

“Let’s look around,” Duggan sug-
gested. “I’ve got a hunch we'll fin
a gun somewhere around here.”

uggan never spoke truer words.
Hidden under a thick pile of rubbish
was a .32-calibre revolver. And Wil-
liams had been shot with a .32! The
gun was rushed to Sergeant Charles
Van Amburgh, ballistics ‘expert of
the State Police. Within twenty min-
utes Van Amburgh had completed
his tests. :

“This is the murder gun,” he said.

Within the next 24 hours, Dutchy
Gertson was picked up in an Everett
pool-room. Phillip Bellino was nabbed
while walking along Chambers street
in. the West End by Boston detectives.

Rushed to District Attorney Cregg’s
office in Salem, Gertson and Bellino
warded off all questions by main-
taining a stony silence. At one point,
both men, in their late twenties, said
they hadn’t the faintest idea what
the cops were talking about.

In the interim, the search for
Charles L. Mantia had been extended
throughout New England. Finally, he
was located, of.all places, in the Hills-
borough County jail at Manchester,
N. H., where he was serving time for
the theft of an automobile. After a
legal delay, Governor Charles M.
Dale signed extradition papers which
paved the way for Mantia’s return to
Massachusetts in connection with Tex
Williams’ murder.

Mantia, a slick, well-dressed man,
required no persuasion to talk. In the

arlance of gangland, Mantia. “spilled

is guts” for what he considered
good reasons.

“Bellino, Gertson, Williams, Jo-Jo
Cavagnaro and I pulled the dice-game
stick-up at New Hampshire,” Mantia
said to Duggan, Foley and Cregg.
“Here’s how it happened: Williams
was kind of sore at the dice gang be-
cause he had lost quite a bit of dough
at the games. He came to Boston and
asked me if I could get a gang to-
gether for a dice stick-up that would
net us at least eight thousand dollars.
I told him sure.

“T- got Gertson, Bellino and Cavag-
naro. We stole a car to make the trip.
During the hold-up, it was Bellino
who shot Lane. Then we had trouble.
Williams was the look-out. He was
. supposed to turn our car around for

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85


418 Mass.
fendant seasonably save his exceptions,
but also his rights on appeal are limited
to a consideration of the errors assigned.
Section 33B. Commonwealth v. Gray,
314 Mass. 96, 102, 49 N.E.2d 603; Section
33D. Commonwealth v. McDonald, 264
Mass. 324, 336, 162 N.E. 401; Common-
wealth v. Polian, 288 Mass. 494, 496, 497,
193 N.E. 68, 96 A.L.R. 615; Common-
wealth v. Gale, 317 Mass. 274, 277, 57
N.E.2d 918; Commonwealth v. Noxon,
319 Mass. 495, 542, 66 N.E.2d 814. This
statement, it is true, is subject to some
qualification in capital cases because of
the second paragraph of G.L. (Ter.Ed.) c.
278, § 33E, as inserted by St.1939, c. 341.
Commonwealth v. Gricus, 317 Mass. 403,
404, 58 N.E.2d 241.
this statute later in this opinion. There
was no error in denying the motion for
a mistrial. That motion was addressed to
the sound discretion of the judge. Com-
monwealth v. Cronin, 257 Mass. 535, 154
N.E. 176; Curley v. Boston Herald-Tray-
eler Corp. 314 Mass. 31, 49 N.E.2d 445;
Shea v. D. & N. Motor Transportation
Co., 316 Mass, 593, 555,55 N.E.2d 950.
The judge was ‘not required to grant a

istrial merely because at an earlier stage
of the trial some evidence of questionable
competency may have crept in. If he were
so required, it would be almost impossible
to conduct any difficult and hard fought
case to a final verdict. The defendant
Gertsen could have saved any rights he
might have had as to such evidence by as-
signment of error following an exception
seasonably taken as provided by the stat-
ute.

[15] Moreover, the judge not only ex-
cluded the record of conviction but he al-
so told the jury unequivocally to disregard
the question to Gertsen in cross-examina-
tion involving the indictment for the rob-
bery of Oxman and others and Gertsen’s
answer that he was the man referred to in
that indictment—“all that testimony,” and
to consider that it was never in the case,
just as the record itself was being exclud-
ed on the ground that a bill of exceptions
had been filed in that case and that the
case was still alive “and consequently
should not be considered by” the jury.

71 NORTH EASTERN REPORTER, 2d SERIES

We shall deal with

Commonwealth v. Ham, 150 Mass. 122,
124, 22 N.E. 704; Commonwealth v. Cline
213 Mass. 225, 227, 100 N.E. 358; Com
monwealth v. Morrison, 252 Mass. dl ‘
125, 147 N.E. 588; Commaonenidhhh Vv. Ca-
palbo, 308 Mass. 376, 381, 382, 32 N.E.24
225; Berlandi v. Commonwealth, 314,
Mass. 424, 452, 50 N.E.2d 210; Shea vy. De
& N. Motor Transportation ca" 316 Mass,
553, 555, 55 N.E.2d 950, and cases cite
There is nothing in the case to suggest :
that the jury did not follow this instruce.

tion. We find no error in the denial of
the motion to declare a mistrial.

[16] We have dealt specifically with
all assignments of error that have been
argued. We have also considered more
broadly the whole case upon the law an
the evidence, as we are enjoined to do.b
G.L. (Ter.Ed.) c. 278, §.33E, as amended
by St.1939, c. 341, and as interpreted ix
Commonwealth v. Gricus, 317 Mass. 403,-
406, 407, 58 N.E.2d 241. That statute,
however, does not require us to review
all questions of evidence and of procedure :
at the trial to which exceptions have no
been duly saved, preserved, and prosecut-
ed in order that we may ascertain whether
somewhere some successful objection might .
have been taken and prosecuted but was
not. To construe the statute otherwise
would be equivalent to taking capital case
altogether out of the operation of c. 278
§§ 33A-33G, although it was plainly in-
tended that those sections should apply to
capital cases. It would impose an almos'
impossible task upon the trial judge. It
is still the duty of defendants who wish to
preserve points of law to take seasonable
exceptions and to file adequate assignments
of error according to the procedure pro-
vided for in those sections. This court cam
order a new trial under Section 33E, as
amended, only “if satisfied” that becaus¢
of error of law or of fact the verdict is
a miscarriage of justice, or where because
of newly discovered evidence or for some
other reason justice requires a new trial. ~
In this case the defendants have been fully,
and fairly tried, the verdict is not a mis-
carriage of justice, and justice does not
require a new trial for any reason.

Judgment affirmed as to each defendant.

0} CN Meg
McCRIRK

G

|, Munic
The
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ipplicab.
viduals «
visions +
are ans
and priv
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‘ompetel
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Appeal —
ivision,

71 NORTH EASTERN REPORTER, 2d SERIES

416 Mass.

discussed among themselves Various “AS. 322-326, 58 §.GE 149,82 L.Ed. 288; Betts
pects of the case, and that remarks of those v. Brady, 316 U.S. 455, 461, 462, 62 S.Ct.
who subsequently were discharged may 1252, 86 L.Ed. 1595. The wording of
have made some impression upon the these amendments seems inappropriate to

twelve that remained. Neither do we such an extension.

think it important that the foreman_was : ;
not subject to discharge. When projected [10] Section 26B is not an ex post fac-
against the background of the fundamental ‘© law forbidden by art. 1, § 10, of the
right intended to be preserved by the Con- Constitution of the United States. It cre-
stitution, the statutory changes are seen to ates no new Crime. It does not alter the
be comparatively trifling and in no way nature of an existing crime. It takes away
an impairment of the fundamental right. 7° Ageag = sgt? pear Ss
P crease the penalty. eazell v. 10,

[9] It is true that the Supreme Court of ys. 167, 46 S.Ct. 68, 70 L.Ed. 216; Kring
the United States seems to have taken, y. Missouri, 107 U.S. 221, 2 S.Ct. 443, 27
at one time at least, a more rigid view of L.Ed 506: ‘Thoiiosen . : Utah 170 U S
the nature of the constitutional right to 343 18 S.Ct 620, 42 LEd 1061 Pomp:
trial by jury under the wording of the — e Missouti, 171 US. 380. 18 S.Ct
Seventh Amendment to the Constitution 959 43 L.Ed 204 It jiteents am of
EA Le A gets ve ps the aspects which characterize an ex post

f i 60g h d
rights secured by our own Declaration of arf my : ; igen ap at —
Richts Get Shani. ¥? Sew eit fife the mechanics of trial in a manner in no
ae Co 228 US 364, 33 S.Ct. 523, 57 way harmful to the accused. Common-
LEd 879 Xos Cas 1914D, 1029: Srinkests wealth v. Phillips, 11 Pick. 28, 31, 32;

oor , = : i: : Ith v. McD h, 1 ll
olis & St. Louis Railroad v. Bombolis, 241 s papenitles ef : Rae Ms a fs or
US. 211, 36 S.Ct. 595, 60 L.Ed. 961, Ann. {6 + RR is EPID ES. ~
Cas.1916E 505 LRA 1917 86 - Se 69, 78, 79; Murphy v. Commonwealth, 172

: Z Ee Dea $ oe Mass. 264, 269, 52 N.E. 505, 43 L.R.A. 154,

y United Stasca. 281 US. 276, 30S.C253)  AmseR peer a. ‘ea
oh Lite BSA: 1 AL 268; Aton le gee ish se sai askemase
es Fenbedy 301 U.S 330 304. 57 S Kelley, 184 Mass. 320, 324, 325, 68 N.E.
Ct. 809 81 L.Ed. 1177: Bothwell 3 Houten 346; Commonwealth v. Phelps, 210 Mass.

; : ae : : 8, 96 N.E. 349 ‘R.A.,N-S., 56. .
Elevated Railway, 215 Mass. 467, 477, 102 ~. ae oe 37 L.RA.N.S., 567, Ann
NES 665; LRA; 167, Ann.Cas. : : :

1914D, 275. But see also Baltimore & Car-

olina Line, Inc., v. Redman, 295 U.S. 654,

55 S.Ct. 890, 79 L.Ed. 1636; Berry v. Unit-
ed States, 312 U.S. 450, 61 S-Ct 637, 85 Lx and expensive trial a juror dies or becomes

Ed. 945; and Galloway v. United States, incapacitated and an entire new trial be-
319 U.S. 372, 392, 394, 63 S.Ct. 1077, 87 comes necessary. It is a reasonable pro-
L.Ed. 1458. Whatever view that court vision in the public interest. It deprives
may now take, the Sixth and Seventh no one of any right. Similar statutes have
amendments have never been held to ex- been held valid in other jurisdictions.
tend so far as to control the action of the People v. Peete, 54 Cal.App. 333, 367, 202
States. There are many authorities that P. 51; State v. Breedlove, 199 La. 965, 7
they do not. Twining v. New Jersey, 211 So.2d 221; State v. Dolbow, 117 N.J.L
U.S. 78, 98, 29 S.Ct. 14, 53 L.Ed. 97; 560, 563-568, 189 A. 915, 109 A.L.R. 1488;
Minneapolis & St. Louis Railroad Co. v. People v. Mitchell, 266 N.Y. 15, 193 N.E.
Bombolis, 241 U.S. 211, 36 S.Ct. 595, 60 445, 96 A.L.R. 791; State v. Dalton, 20
L.Ed. 961, Ann.Cas.1916E, 505, LR.A. N.C. 507, 510-513, 174 S.E. 422; Robin-
1917A, 86; Snyder v. Massachusetts, 291 son v. United States, 6 Cir., 144 F.2d 392,
U.S. 97, 105, 54 S.Ct. 330, 78 L.Ed. 674, 397; American Tobacco Co. v. United
90 A.L.R. 575; Brown v. Mississippi, States, 6 Cir., 147 F.2d 93, certiorari grant
297 U.S. 278, 285, 56 S.Ct. 461, 80 L.Ed. ed, limited to another point, 324 U.S. 836,
682; Palko v. Connecticut, 302 U.S. 319, 65 S.Ct. 864, 89 L.Ed. 1400, rehearing de-

Section 26B was obviously enacted to
avoid the difficulty which has occasionally
arisen when during the course of a long

COMMONWEALTH y. BELLINO Ma
ass,

Cite as 71 N.E.2d 411 417 °

nied R.J. R i

mii i — eS ag eee United sentence unless the justice imposing it

ae se Saba e near a a justice of the supreme judicial eee

gs les a certificate that in hi ini :

the trial in accordance with the statute. is reasonable peas the’ fied ae
judgment

pie ve ap evap: Gertsen as- Should stand * * ¥*.” It is provided by
meaigie . vise by the judge of G.L. (Ter.Ed.) c. 3233;-8- 21 -<that “The
ee y ay shortly before Conviction of a witness of a crime may be
Beh Sl signs that the judge order shown to affect his credibility * * *”
oe ane ibesag that this defend- With exceptions that need not be here stat-
BI i bese ies by a part of hia, Chyeane defendant Gertsen contends that
a ews. spe y : e district attorney tea imposed in accordance with c.
prea ee geo the trial wherein the 79, § 4, and not stayed, but where excep-
rite regina ane eg Rapes Maden Ob ca
eduction in evi- which may be shown u
dene to afc he eeilty of Gensen 0 aft the tdi of the defen
wie saa} ee ore of his conviction ®t as a witness in another case. See Bos-
others on Scateuke a 194 enone ae Aaenns spect iawn 5 Oe
him whether he fia h vy i ie 7 raf keg
Cesc nec oh as : e same Edward . The puesens case does not require a de-
made tliat on that hes c e charge had been “18100 of this question. The record of the
hie ee ay he did rob and-steal Sentence for robbery was not admitted
and pecker Beha ca komen resis saan sree perio teh directed
same Gertsen who had been hand desis the distgict ps caysiuahe sated ee
thereon of robbery while armed sag TY goed me orney sought to identify Gert-
tenced to prison therefor. Gertsen rie a ah at ages agin ms eed pars
swered in the affirmative. Later in the record later See Cie ee
athe 2 Aton angtos offered the erat 150 Mass. 315, 317, Saar pa
; robbery in eyi- the cross-examination may w ‘3
oe through his attor- incompetent if the record of tie welacnes
‘ ! on the ground that, al- W@S incompetent. Com ; ey
though this defendant was then, at the time Walsh, 196 Mass. 369 areas Mi
hee: Po of this present case, actually 4™-St.Rep. 559, 13 Ann Civ te bie
i ne ere we ae Come eee
i o in the ad ; ommony y
oe oe yet the record of his “con- 313 Mass. 590, 608, pe Bape a on
acbiee, ~ Seetas since a bill ‘Pare Commog wealth v. Fortier, 258 Mass
"Seca mstethe ss pending in the rob- 98; 155 N.E. 8. The record in the present
+e te 5 Don cere Pee been passed upon case leaves it exceedingly doubtful wheth-
ai, ria Pai ere at the trial © Gertsen saved any exception to this
Aiaat We . 0 dyer record was ex- Cross-examination. It would seem that
Preys ates é Thereupon Gert- he deferred taking exception until the
Se eee ounsel made the motion Tecord of the conviction should be of-
n, fered, _ Language of the judge at a later
povided by Ge (Ter) 2 20, fed aha ae
that aS appearing in St.1935, c, 437, § 3, had been tak 2 ee neon
a Sentence shall be imposed upon con- But if we ss 5 ee ape Ses
Stlon “ef 5 euler : ! ssume in Gertsen’s favo
en material ees paicindee not he did save an exception to the iia Sis
been lice x (ha Spe nese pie amination, nevertheless his assignment of
IE cap the crime is not punishable by sate page ya bits eaypagpesy Oa
; ty reservation filing or allow- Wh ai ™ ge order a mistrial.
ance of Sccapbions co ns & ow ere a case is tried, as this was, u
Pal Ba a ay eect an ap the procedure povided by Gi. (Ter.ea)
Todor : » §§ 33A-33G, not only must the de-

a RATT A URE onan

~~ s

a s
Sec riven ae


Renner eee eee
ANDREW 5, Esther,. John andSusanna h, whites
Vv “M9

Mie a ~~ 1 pi : } ral 2 “ “,
Massachusetts, on March 31, 1696 hanged at Plymouth,
a

smtameahiennLtaemeideindunimeasinaanell

of her twin bastards. M |
. March 12th 1696: H
eis : : Her parents, Joh
“a ae. ee for being accessories to the fact. ait Seeetee
Poe a ot 3lst 1696. (Note: This discovery astonish eae
about Susannah but knew nothing of her parents the’ ¢ J
nts. The crime

nnn

(Note: nother new One. I might add that ertraordinanunadno— pAaAm—- poe

was satd to have been committed in September of 1694. Susannah was seized
with Labour patns one night and snuck out of her house and into a field
where she gave birth to a boy and a girl. Upon her return home she was
confronted by her parents who soon knew the truth. Susannah's parents
decided to hush up the affair by secretly burying the dead infants and
nursing the daughter. How the truth eventually came out ts unknown.
Susannah was convicted of the actual murders while her parents were
convicted of "aiding & abetting" the murders and concealments of the
births. ALL three -- father, mother and daughter -- were sentenced to

death. All three were. hanged together. )

A aap * P e cae a c “= To 5 te mn ent Itawantlnw~ Neen 4 AAA AHA Ral Finrh

Letter da fe yar * be | c
paar ha Fe ees from Daniel A. Hearn who went to
ipl S S Sta archives and locat
Judge Sar Sewall! y . ated information in "F
ge Samuel Sewall'S personal clerk for the year 1696. Records Book" of
*


: =>

= : =
158 THE NEGRO IN COLONIAL NEW ENGLAND 7 CRIMES AND PUNISHMENT = 159 =
slave’s sentence, claiming he had already beaten Bristol more happy ” in jis bondage that he ran away. Then followed a life
severely than the Court had ordered. He further stated that he of theft, drunkenness and licentiousness. He snipped on 2
intended to sell the Negro out of the province and feared that : whaler from Nantucket, but returned to rob a s.vre, and e
the sentence, if executed, would not only render Bristol 4 escape from prison after having been arrested oid connned.
more incorrigible, but would make him less salable, and this ey After spending three years at sea, Arthur came bax and com-
would be to the master’s great disadvantage.** At Hartford, a Ee mitted so many offenses that his master deterrnined to get rid
Negro belonging to a New York master, criminally assaulted _— of him. Sold to different ffiasters in Massachusetts, he continued

to lead a life of debauchery and crime among white, Indian,
tioned the Legislature for damages to the sum of £415 but that and Negro women. On one occasion he assaulted a white woman
body, on October 1, 1743, awarded the wife only £30 in colonial 4 whom he met at a corn-husking at Little Cambridge, Massachu-
currency.*4 Cuff, a New Haven Negro sentenced to death for B setts. Pursued to Boston by the enraged husband, Arthur en-

the wife of Ephraim Andrews of New Hartford. Andrews peti-

raping a white woman, petitioned the Assembly on May 14, ie gaged in a fight with him and coming off the victor, set out tor
1749, to change his sentence to anything but death.** A Negro ~ Cambridge, committing a series of burglaries en route. F is
convicted of rape was sentenced to death at Worcester, Massa- 4 master, hearing of his plight, arranged to place him aboard a
chzsetts, in 1768, while a white man for attempting the saBée 3 vessel bound for Maryland. But when the vessel did not arrive
crime was sentenced to sit on the gallows.** / a = at the stated time, Arthur set forth upgn mew depredations,

‘The most unusual case, however, was that of the Negro rd which finally ended with his raping Debéeah MefElt, a white
Arthur, who was executed at Worcester, on October 20, 1768, bz “ widow. Mrs. Metcalf informed Arthur’s master 0! the crime,
for criminally assaulting Deborah Metcalf, a white woman.* e but offered to settle the matter for a cash consideration, pro-
Arthur (if his confession taken down in prison two days before 4 vided he would sell Arthur out of the country. To this arrange-

his execution can be believed) was a notorious criminal whose
malefactions would make good material for a novelist. Like the
aforementioned Johnson Green, his crime career began early.
At the age of fourteen, although kindly treated by his master,
Richard Godfrey, of Taunton, Massachusetts, he was “ so un-

83 Mass. Archives: Domestic Relations, 1643-1774, UX, 178-179.
84 Connecticut Archives: Crimes and Misdemeanors, 1737-1755, IV, 71, 73.
85 The outcome is unknown. [bid., pp. 118, 119.

86 Boston Chronicle, Ow 3, 10, 24, 1768. Sitting on the gallows, some-
times with a rope around the neck, was a frequent punishment for at-
tempted crimes or other offenses. For other cases of rape, vide Daniel
Wadsworth, Diary of the Rev. Daniel Wadsworth, edited by George Leon
Walker (Hartford, 1899), pp. 196, 120, 121.

87 The Life and Dying Speech of Arthur, a Negro Man Who Was Exe-
cuted at Worcester, Oct. 20, 1768, For a Rape Committed on the body of one
Deborah Metcalf. (Broadside in Library of American Antiquarian Society,
Worcester, Massachusetts).

TE a ise

ee

ment the master agreed but, on the way to Albany, they met the
sheriff with a warrant for the Negro. Arthur escaped by steal-
ing the sheriff’s horse.** On the following day he was arrested
and jailed in Worcester, but again escaped and continued his
robberies until his capture on September 17, 1763. At Worces-
ter he was tried and found guilty of rape, but prayed for “ bene-
fit of clergy ” which, after a year’s consideration, was denied
him. On October 20, 1764, Arthur, at the age of twenty-one
was hanged, thus bringing to an end a crime career that stopped
short only of murder. He apparenily expressed the hope that his
fate would prove a warning to all persons, and died, admonish-

ing the slaves “ to avoid desertion from their masters, drunk-
2989

enness and lewdness.

88 Ibid.
89 Ibid.

*99/T=O2-0T S*sseW Steqseou0;, 48 pesuey *yoeTg “UNH LUV

igh ne sy

THE NEGRO IN COLONIAL NEW ENGLAND 1620-1676, by Lorenzo Johnston Greene, Phe D3; New York: Columbia University
Press, 192, ‘

be


ARTHUR, Black, hanged Worcester, MA Pct. 20, 1768

MEMOIRS OF
AMERICAN PRISONS:

An Annotated Bibliography

by
@
DANIEL SUVAK

The Scarecrow Press, dnc.

Metuchen, N.J. & London
1979


————SS=====[*===

46 American Detective

Profile of the man who committed this atrocious crime. Stud

What was his strange motive?

About the last of July, grain for the cattle became
exhausted and Joe went to J. J. Cushing in Hudson to
replenish the supply. He signed receipts for the mer-
chandise “Stefanovicz.” This led to an inquiry by the
grain dealer. Joe explained that the farmer and his wife
had deeded the farm to him. He had also bought the live
stock, he said, which consisted of twenty cows, one
heifer, one horse and two pigs

From that date the hired hand assumed absolute con-
trol of the farm. He sold some of the cows, collected bills
due for milk from the Whiting company of Boston and
also the rent from the tenant of a house the couple
owned in West Concord. ‘Then he hired two men,
Charles George and John Staves to do the farm work
and proceeded to live the life of Riley. He told the new
employees that the farm belonged to him. “I’m the boss,
now,” he declared.

The husband of Mrs.
Stefanovicz’s friend, Mrs,
Bombis, was proprietor of
the Assabet market in
Maynard. There the Polish
residents of the town were
accustomed to discuss af-
fairs of local interest and
the long absence of the
Stow farmer and his wife
became the paramount
topic of conversation.
Many of the men who
gathered at the market
were members of the same
lodge as the missing farmer
—the Polish National Al-
liance, Group 1027, of
Cambridge. They thought
it was time that something
definite was learned con-
cerning the whereabouts of
their fraternal associate,
but no one seemed to know
just what to do.

When pay-day came
around at the Stow farm,
Staves and George demand-
ed their wages. Joe stalled
and for a time they accept-
ed grudgingly his seeming -
ly reasonable excuses, but
finally, their patience be-
came exhausted. They con-
sulted an attorney.

The lawyer searched the
title to the farm. The rec-
ord showed that the title
was still held by Mr. and
Mrs. Stefanovicz. Joe had
lied to his employees, to the
Hudson grain dealer, Cush-
ing, and to others. Had he
lied about that trip to Chicago? He was unable to pro-
duce any power of attorney, authorizing him to sell the

y his features carefully,

‘stock or to collect money due the missing couple.

Other creditors now began pressing their claims and
insisting on payment. Joe ducked again. He'said he was
merely an employee and was not empowered to pay any
bills,

Owing to an irregularity in a check transaction at
the Hudson bank, the Stow Chief of Police, Peter A. A.
Larsen, came out to the farm one day seeking an ex-
planation from Joe, but Joe had vanished. Larsen is a
small town official, but he is sharper than chain light-
ning. After a long talk with the farm hands, he became
suspicious. He started a little quiet investigation of
his own.

Mr. and Mrs. Stefanovicz, Chief Larsen learned, had
been residents of West Concord for about fifteen years

before co:
in the da
garded. B
home wit
Pay $2,00'
had purcha

On Thur
farmhouse
Chief Lars¢
of the hous

“Looking
flippantly.

The chie:
to me that 4
mor,” he re

“You th
then?’

“Yes, and
if you want ¢
dug up if nm
vite a denial

“Te’s cera!

As We stro!
less tacicurn
collie so it w,
clared. “Jr y
would have u


systematic search for the bodies began
in earnest. In addition to Chief Larsen,
Chief Magorty of Hudson and State
troopers, hundreds of volunteers partici-
pated in the hunt.

The skeptical scoffed. They scouted
the murder theory and declared that the
missing couple would be seen driving up
there some day soon. Larsen, however,
despite the chaffing, clung tenaciously to
his opinion.

“Of course, we’re anxious to interview
Joe,” he said in reply to a questioner,
“but we first have to establish that a

murder has been committed. We must
find those bodies.”

Twombly, who had had some experi-
ence in locating minerals and water, pro-
cured a divining rod and equipped with
this he directed perspiring State troop-
ers to spots where digging had appar-
ently recently taken place. Suspicious
mounds were excavated and the swamp
back of the house was literally covered
foot-by-foot.

The sinister pool, believed to hold the
secret of the missing Hale, the former
owner, was not overlooked, but its ex-
ploration to any extent was practically
impossible. It is surrounded by treacher-
ous shores of ooze and quicksand.

A search for the grave of the collie,
which Joe said he had shot, proved fruit-
less. At the end of the apple orchard,
however, a horse had been buried in a
grave eight feet deep and it was evident
that the interment had taken place re-
cently. The animal was exhumed on the
theory that the couple might be buried
beneath it, but the day closed on the
tired workers with no further develop-
ments.

ISTRICT ATTORNEY ROBERT

T. BUSHNELL announced that a
check-up of all Chicago hospitals had
failed to reveal a patient named Win-
centy Stefanovicz. This report incited
the police to renewed efforts and on Sat-
urday the search was resumed with in-
creased vigor. An order for a new con-

signment of sounding-rods was sent to ~

county officials and soon after daybreak
the crowds of volunteers began to ar-
rive.

Chief Larsen in the intervals between
digging pursued his inquiries. He learned
that after the disappearance of his mas-
ter, the collie had barked almost inces-
santly and apparently had tried to lead
people to where his body was buried. In
every instance, the dog had started down
a rough wood road in the rear of the
farm. To the left of this road is a big
pasture where the farmer turned in his

cattle. John Staves told Larsen that-

shortly before his disappearance, Joe said
to him: “Don’t turn the cows into that
pasture any more.”

Larsen directed searchers to concen-
trate their efforts on that part of the

American Detective

farm. In the meantime, in order to cover
every possible point, he instructed Staves

and George to dig out the cellar under
the barn. All day the farm laborers carted

refuse from there and dumped it in a ~

field in front of the house after going
over the muck thoroughly.

Twombly with his sounding rod di-
rected the digging by the police and
civilian volunteers. “‘Let’s see what this
is,” he would suggest, driving the rod
into the soft earth. “We can’t tell where
we're going to find them, but they’re
here somewhere.” a

Spades were plied industriously but
after a few minutes the undertaker would
direct his helpers to “move on.” The men
were working in ‘the broiling August
sun, but despite the heat, Chief Larsen
and State police had difficulty in keeping
back the huge crowds whose proximity
impeded the work. It was estimated that
there were 3000 spectators at the Stow
farm on this day.

A LUMBER pile was removed board
by board; a dry foundation wall un-
der the south side of the house, forming a
small cellar, was partially removed to per-
mit an inspection of the interior. Twom-
bly peered through the aperture. ““Noth-
ing doing,” he announced and the work-
ers moved on. Soundings were made in
every spot that seemed likely to hide the
awful secret, but again nightfall com-
pelled a cessation of the laborious toil and
nota single clue had been discovered.

I talked with Chief Larsen as he sat
exhausted on the running-board of his
car. For more than forty-eight hours he
had worked early and late, snatching only
a few hours’ sleep. ‘

Together we went over the evidence.
Joe had misappropriated money belong-
ing to his employer and illegally disposed
of the live stock on the farm. This much
we knew. It was apparent also that he
had lied about the destination of his em-
ployer. The tale of the contemplated op-
eration was false. Still, even considered
together, the facts were not prima facie
evidence of murder. Then we had .the
additional fact that Joe had disappeared
but flight is not conclusive evidence of
guilt. “The absent are always wrong” is
a popular presumption.

No. one could say positively that a
murder had been committed until the
bodies of the victims were found and
the farm had been pretty thoroughly
combed. I wondered if there could be
any other tenable theory except that Joe
had murdered the couple.

“Suppose,” 1 suggested to Larsen, “that
something called the farmer and his wife
away on a long trip; some incident which
arose suddenly. Joe seized the opportu-
nity to rob them arid invented the story
of the Chicago trip so that the farmer’s
friends could not communicate with him

71

if they discovered that the farm-hand
was exceeding his rights.”

Larsen refused to be diverted. ‘“Those
people never léft here voluntarily,” he
said, decidedly. ‘“Stefanovicz would have
worn his Sunday suit. Then, too, the best
wearing apparel of the woman is here.
Her friends and relatives have identified
it. When she vanished, she was garbed in
her every-day clothing.

- “Then there’s something else,” added
the chief, impressively. “Not a trunk—
not even a suit-case—is missing.”

UST then a newspaper man came along

with a startling if fantastic sugges-
tion. “Possibly Joe had been murdered as
well as the farmer and his wife.”

All the circumstantial evidence, how-
ever, justified a contrary conclusion. Joe
had got what money he could out of the
farm produce and cattle and had skipped.
The couple had disappeared and had been
gone for more than two months and so
far as known, no word had been re-
ceived from them.

Sunday, August 10, opened fair and
warm and the crowd of the previous day,
great as it was, was not comparable to
the throngs which began to arrive in
Stow soon after daylight. Chief Larsen
and the State police were on the scene
early but there was a noticeable apathy
in their movements. They sat around dis-
cussing the situation and were appar-
ently relaxing from their arduous work
of Saturday. They were kept busy, how-
ever, answering the questions and listen-
ing to the theories of the visitors.

In the afternoon four boys arrived and
mingled with the crowd. Eventually,
they started off alone down the road
leading to the wood lot in the rear of
the house. They had with them a dog
owned by George Murray of Hudson.
Curiously enough, Joe had killed a dog
to hide his secret. . . . -_

The boys, John Eshtook, Charlie
Learned, Emerson Chickering and Ho-
bart King, were about half a mile from
the house when Murray’s dog raised his
nose in the air and sniffed. Then suddenly
he bounded off the path into the woods

a short distance and barked furiously.

Twombly in his shirt sleeves was lean-
ing againust the fence in front of the
house when a boy came running up to
him, out of breath and panting with ex-
citement. He was John Eshtook, 17, of
192 Central street, Hudson.

“We've found them,” he gasped.
“They’re buried down in the woods. We
saw a woman’s shoe and a man’s elbow
sticking out of the dirt.”

There was no question of the boy’s
sincerity, but Twombly was frankly
skeptical. Finally, he said to Larsen: “I'll
go down and see what it is they’ve got.”

A superficial glance told the story to


Double Murder 47 .

of Mrs.
d, Mrs.
ietor of
ket in
e Polish
vn were
cuss af-
est and
of the
us wife
mount
sation.
n who
market
he same
farmer
nal Al-
127, of
hought

burial place of its master and mistress,” he added.
We spent a long time searching for evidences of .
newly turned earth but nothing was revealed and
at the approach of dusk, we abandoned our search.
About this time Vincent Skirton, learning that
Joe had sold some of the cattle, went over to the
“farm to inquire further about it and also to learn
if anything had been heard from his uncle and
aunt. The farm hands reported that Joe had been
missing for several days.
Skirton went back to Maynard to discuss the
situation with his Polish friends. He was consid-
erably perturbed. A conference was held at the
(Continued on page 70)

vething

d con- 5 % x ; ' © 4 E ’
& er
outs of . 3 f RAAT! Peay > iW “ ha

sociate,
» know

came
farm,
»mand-

stalled

iccept- (Above) Warren A. Twombley who was told by
Vincent Skirton, (shown on right in overcoat) that
he believed the Stefanovicz couple had been mur-

es, but dered. Twombley notified authorities.
ce be-
y con- q

eming-

before coming to Stow early in 1928. They were
in. the dairy business there and were well re-
garded. Both were provident and had bought a
home with their savings. They were also able to

pay $2,000 in cash on the Stow farm which they
r. and @ shad purchased for $6,300.

ied the

ne rece
e title

e had 4 On Thursday, August 7, I got a tip on the Stow
to the @ = farmhouse mystery and drove over there. I found
Cush- @ = Chief Larsen looking over the ground in the rear
fad he of the house.
2 pe “Looking for the bodies, chief?” I inquired,
ell the flippantly.
The chief resented my tone. “It never seemed
sand to me that a murder was a fitting subject for hu-
=~. mor,” he replied tersely.
7 oy “You think this couple has been murdered
then?”
= ae “Yes, and I think they’re buried on this farm, .
A. if you want to know and I'll have every foot of it
= dug up if necessary.” His manner seemed to in-
43 vite a denial of his assertion. .
ght-

“It’s certainly a mystery,” I conceded,

As we strolled along together, the chief became
less taciturn “I feel sure Joe shot that beautiful
collie so it would not betray the graves,” he de-
clared. “It was a very intelligent animal and
would have undoubtedly pointed the way to the


70

These two pairs showed no dirt.or blood
from the Cessero cellar and that elimi-
nated them. The fourth pair were Ces-
sero’s shoes. They had the cellar dirt,
but no ashes or blood, showing that you
carried him out of the house dead.”

“T visited the house the morning after
the murder,” Cassiso sneered. “You'll
have to have more than that to convict
me.”

“T have plenty,” Patterson retorted. “I
have the gloves you wore and the piece
of linoleum with your heel print. There
is your coat covered with blood. Not a
living witness to testify against you, but
no human being can tell as perfect a
story as those shoes and that coat and
those gloves and this tire.

" OU planned your murder well. You

even had that story ready for me
about two men holding you up and steal-
ing your car. The yarn about blood be-
ing on it when it was returned was to fool
us if we found any blood on it. But the
greatest mistake you made was one you
likely would never remember.

“It was the first lie, a perfectly simple
one and not important, that you told me.
You said when we walked out to the
morgue that your car had frozen the
night before. It so happened that that
night was extremely warm and no car
would freeze. That got me suspicious of
you from the first and I decided you
needed watching.”

When the arrest of Cassiso for the
murder of his father-in-law was told his
wife and her sisters, the fear left their

American Detective

eyes and they talked» A sordid tale of
terror and living hell, they told; it was
a story of repeated attempted attacks by
Cassiso on the sixteen year old sister-in-
law and her threats to tell her father.

The father had provided an insurance
policy for the benefit of Cassiso and his
wife in return for their care of his two
motherless children. Greed for this money
and the fear that Sarah would tell her
father of Cassiso’s attacks and cause him
to change the will was the motive behind
the murder. The sisters had suspected
Cassiso of the murder but were too fear-
stricken of him to say anything, even
though he demanded that they should in
front of Patterson.

HE latter part of May Ernesto Cas-

siso was brought to trial for the
murder of Joe Cessero. The case was
heard in the county courthouse at Wilkes-
barre. Assistant District Attorney Thom-
as Burkiewicz conducted the prosecu-
tion, and ‘in all the history of criminal
jurisprudence, it is doubtful if any pros-
ecutor was faced with exactly the same
set of witnesses to prove his case.

Not a living person was there to testi-
fy directly against Cassiso. The witnesses
consisted of a pair of shoes, a piece of
linoleum, receptacles of dirt and dust
from the murder cellar and from Cas-
siso’s shoe, the pair of blood stained gloves
he wore, and a picture and plaster paris
cast of the tread of his tire.

Mute and grotesque was this array of
witnesses, but the story they told was
more convincing than fifty living wit-

nesses, trying to establish a case of cir-
cumstantial evidence.

Cassiso fought back, contending that
the blood on his coat had gotten there
two weeks before; but here he ran up
against the cold findings of science. Un-
der tests blood reacts according to its
age. The first hour it is a dark red; five
or six hours later, or even a day, it is
reddish brown; when it is more than five
days old, it is a dark gray.

The blood on his coat had been tested
when it was first found and it was less
than twenty-four hours old, and his
story of the blood having been there two
weeks before the murder failed to im-
press the jury.

He tried to explain away the shoes
and the tire tread and his heel print on
the linoleum, but the mute, lifeless wit-

nesses that faced him made his attempts
look foolish.

HE jury believed this strange array
of witnesses, and found him guilty
of murder in the second degree.

On April Sth, 1928, he was sentenced
to ten to fifteen years in the Eastern
State Penitentiary, where he is now serv-
ing his sentence.

And there, serving at hard labor, he
has plenty of time to consider the ironical
fact that he is among the very few mur-
derers in the world that was convicted
without one living witness who placed
him at the scene of the crime, or in com-
pany with the murdered man, or in any
way offered one bit of circumstantial
evidence against him.

Assabet market. Suspicion of foul play
was voiced openly. “I believe that Uncle

* Win and Aunt Stacia have been mur-

dered,” insisted Skirton, ‘‘and that fel-
low, Joe, knows something about it. Let’s
send for Mr. Twombly and see what he
advises.”

Warren A. Twombly was the Maynard
undertaker and in him the Polish citizens
reposed great confidence. He had fre-
quently advised them about their affairs
and befriended them. He obligingly came
over to the market; heard the stoty of
the mystery house at Stow and decided
that the facts justified an investigation.

“Obviously,” he announced, “‘the first
thing to do is to check Joe’s story. We'll
see if any of the Chicago hospitals has a
patient named Stefanovicz.”

“Well, won’t you please come over to
the farm, Mr. Twombly, and see what
you can find out there?” urged Skirton.

Accompanied by the nephew, the un-
dertaker went to Stow and talked with
Staves and George. What they told him

Double Murder

(Continued from page 47)

confirmed his suspicions. While this in-
terrogation was going on, Chief Larsen
and I arrived and we all went into the
house. .

Thrown over a chair in the dining-
room was what was evidently the best
suit of the missing man. In the lapel of
the coat was a Polish lodge emblem.

“If Stefanovicz left here voluntarily,
he -would have worn that suit and that
button,” declared Twombly, positively.
“Even had he purchased another suit, he
would certainly have transferred that
emblem, for he never left home without
it.” And Skirton concurred.

Headed by Chief. Larsen, we ascended
the stairs to the sleeping room formerly
occupied by the missing farmer and his
wife. Twombly indicated stains on the
floor. “Those are blood-stains, chief,” he
exclaimed.

Larsen examined them carefully. ‘I’m
not so sure,” he said, cautiously; “they
may be wax stains.”

Twombly seemed indignant. “I’m an

undertaker and I think I know blood
when I see it; and look here”—he held
up a pillow slip—* here’s a clot of dried
blood. Gentlemen,” he announced, dra-
matically, “either the woman or her hus-
band, and possibly both, were murdered
in this room.”

Larsen was interested but not wholly
convinced. He had been satisfied pre-
viously that a murder had been commit-
ted, but he was not ready to admit that
the deed had been committed in that
room. “There will have to be an analysis,”
he said, quietly.

The next day the story “broke” and
the papers played up the mystery. As a

result thousands of curiosity-seekers’

flocked to the scene. Even at night, autos
filled with factory-workers lined all roads
leading to the mystery farm. At one
time traffic was so heavy that it was im-
possible to get within half a mile of the
spot. Press autos occupied all available
parking space.

This was on Friday, August 8, and a

impos
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As
which
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theory
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the po!
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the cr
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digging
that at
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santly
people
every ir
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pasture
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shortly
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pastur
Larse

trate tr

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ton was
ih State
he was
ee Man,
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e to set-

Heaton
July 2.
‘ow rib-
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within
plunged
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wreck-
broken

name of
ed as a
as been

iif. They
the East
in their
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General
vay and
e open-
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ia wry
you on

Boston
Deputy
»y of the
stigation.
investi-
nee. De-
crowley,
nd Spe-
were as-
.e Lynn
work of

s finger-
id State
negative.
ith when
ative re-
Fr course,
that the
no means
involved
It could
»kie who
ipped up

ing from
vroadeast,
’

‘ds.
n detec-

ers. At
‘wed the
ayy stares.

turned

uy,” one

of them growled. “How could we,
with his map like that?”

“How about knowing of somebody
slated to zo for a ride?” Duggan asked
ee
_ “Now Mister,” was the reproachful
reply, “you know better than to ‘ask
a question like that. Murder is bad
business.” He jerked a thumb at his
companion, added: “Me and my friend
are deaf and blind on such matters.
We find it’s healthier in the end.”

“All right,” Duggan said angrily.
“But I want to tell you two guys one
thing. It’ll be just too bad if you cross
my path here in Lynn.”

Monday morning found Duggan’s
entire department at work on the
case. Although copies of the laundry
mark were distributed wide and far,
detectives went ahead and began to
canvass Greater Boston laundries and
cleaning establishments.

At the Boston office of the Sundial
Shoe Company, a check of the ship-
ping records revealed that the shoes
worn by the victim were a part of a
large shipment sent to upper Massa-
chusetts over a year ago. Among the
larger cities included were Lowell,
Haverhill, Lawrence and Andover.

Meanwhile, at police headquarters,
a conference was in session in Chief
Callahan’s office. Present was District
Attorney Cregg, Duggan and Foley.
Their discussion involved the issue
of whether or not outside medical
assistance would produce some sort of
a lead to shatter the mystery of the
victim’s identity. ‘

The upshot was that Medical Ex-
aminer William J. Brickley of Bos-
ton’s Northern District was called into
the case. Doctor Brickley’s subse-
quent report almost floored the Lynn
investigators.

The murder victim, stated Doctor
Brickley, wasn’t more than 20 years
old! Because of his badly battered
features and the fact that he was
partly bald, it hadn’t been a diffi-
cult matter to class the. victim as a
much older man. As for being bald
at such a youthful age, Doctor Brick-
ley said it wasn’t unusual.

One paragraph in Doctor Brickley’s

report interested Duggan. It said that -

the victim was a person’ of excellent
physical health, with not an ounce of
fat. Doctor Brickley believed that the
victim had conditioned himself by
service in some branch of the armed
forces.

“That’s a break!” Duggan exclaimed.

He contacted the FBI in Washington
and requested that the victim’s finger-
prints be checked with those of all
discharged servicemen on file with
the War and Navy departments.

The investigation was extended to
sweep in the Suffolk Downs race track
at East Boston, the Wonderland dog-
racing park at Revere and the horse
race track at Rockingham. These
spots were sometimes frequented by
underworld denizens and, to Duggan
and Foley, they stacked up as likely
sources for information which might
have a bearing on the victim’s iden-
tity.

Four days after the murder, on
August 15th, the Haverhill police
authorities notified Duggan that they
had a woman who claimed she knew
the identity of the murder victim!

“Get her down here fast as you
can,” Duggan told them.

Two hours later this woman was
closeted in Chief Callahan’s office with
District Attorney Cregg, Duggan and
Foley. She said her name was Mrs.
Ruth Crandall, and that she worked as

a waitress. Duggan’s eyes narrowed
at the sound of her first name. Ruth!
The very name that was tattooed on
one of the victim’s arms. He didn’t
press what was on his mind right
away; instead he told Mrs, Crandall
to go ahead with her story.

Mrs. Crandall, a comely young wom-
an of 23, said from the description of
the victim and the tattooes on his
arms which she noticed in the papers
she was positive that the body was
that of Robert “Tex” Williams, a very
good friend of hers.

Stopping her right there, Duggan
and Foley drove Mrs. Crandall to
Goodrich’s where, after a little hesi-
tation, she identified the murder vic-
tim as Williams. The final clincher
was the clothing. Mrs. Crandall de-
clared Williams had worn those very
same clothes the last time she saw

him.

Back at Chief Callahan’s office, Mrs.
Crandall picked up the threads of
her story. She said that Williams was
only 18 years old and a native of
Evansville, Indiana. He had enlisted
in the Marine Corps when he was

only 14 years old, his partly-bald head |

fooling the enlistment officers, who
took him to be much older.

After serving two years with the
leathernecks, Williams’ deception was
uncovered and he was discharged
from the service as under age.

Questioned as to her relationship
with Williams, Mrs. Crandall said
they were good friends and nothing
else. Her name tattooed on Williams’
arm, she said, could be construed as
a gesture of affection.

Mrs. Crandall, quizzed over a two-
hour period, said that Williams lived
in Haverhill and that work was some-
thing he never bothered with. He al-
ways had plenty of money and made
frequent trips to Boston. Duggan’s
eyes narrowed at this statement. He
asked Mrs. Crandall if she knew any-
one Williams chummed around with
in Haverhill. Mrs. Crandall men-
tioned several names which Duggan
jotted down. :

“Mrs. Crandall,” Duggan said. “I
want to know if you have any idea as
to Williams’ source of income.”

“] think I know,” she replied. “I’m
sure Tex made his money gambling.”

“Gambling, eh?” Duggan mused.
“That’s very interesting, Mrs. Cran-
dall. Is there anything else you can
tell us?” ‘

“Wo,” she said.

Mrs. Crandall’s identification of the
murder victim was verified by the
FBI in a wire to Duggan. Williams’
record in the Marine Corps files car-
ried his fingerprints.

The investigation shifted to: Haver-
hill, one of the largest shoe-manufac-
turing cities in the country. With
Lieutenant Ovila J. Legasse of the
local police, Duggan and Foley went
to Williams’ home at 24 Ford Street.
A search of Williams’ room failed to
divulge anything of importance.

Next Williams’ friends were located
and questioned. They denied all
knowledge of Williams’ murder, said
they hadn’t seen him for overa week.
They had no idea who was responsible
for his murder. One of them did say
that Williams ran around with a fast
crowd of gamblers where sky-high
stakes were common in dice and card
games.

“You know,” Lagasse said to Duggan
and Foley, “there might be a con-
nection between a shooting we had
hers so long ago and Williams’
murder.”

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83


ent and fired a coupie of shots at tin James E. Booth, sentenced him to life

‘ . cans from a Smith & Wesson pistol. imprisonment, at hard labor. “sy

The youth broke then and poured For eight years, Alvin Heaton was lat
forth pipe ee of en clandestine meet- known as a number in the Utah State soft!

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& JARPROOF girl Ansisted that they oarty he: Fe erenned, and walked out a free man. rep!

a used on the grounds that his father He avoided Orderville until 1924, when 4

| the only watch whose WEART considered, the Stevens clan beneath he received word to come home to set- ie

‘ hem. “My father oug ey _ tle his mother’s estate. nO
GUARANTEED A LIFETIME | weer incur cess oe ited the sof io the hile wage om July 2 a

: ‘ e ‘ 2 £97.

| || Protected by a patented face of the young killer with an aston- aie ee rn Se fe ety We
ve haiem couuieuaRekoor | ishment with which was mixed a gen- on of highway that followed the Vi “Bu
| watches ‘‘can take a lick- | erous measure of disbelief Det Sees? ee he oenad te him, red

: ing yet keep on ticking’. Sand you killed: bh by f gin River, something happened to him. thin
| 4-4 Precision-built, exquisitely that?” you killed her because of As the car rounded a curve within my
aah styled. Priced from $33.75 “Yes » Heaton insisted. “When Mar sight of Garden Hollow, it plunged M
to $1,200, At authorized Stevatia put b Pita ‘A over a 20-foot embankment, landing enti:
ranchised jewelers. Write 1de do 1 iver. | case.

franchised jewel anit a Pa wat ee he Yc eaen upside down in the river
for free booklet '‘H’’. ana 44 ! oe ser athena fic Pinned beneath ms mangled wreck- mar!
so tak ai Pm ’ trangling, and with a broken dete:
that’s all.” age, siren ’ :
Mary Stevens was killed on April 20, neck, Alvin Heaton died. a.

1908. On January 12th, 1909, Alvin ay
| Heaton went on trial for his life in ~ Eprtor’s Nore: The actual name of Sho
| Judge John F. Chidester’s District the schoolboy at first regarded as a noc
Court at Richfield. The jury found possible suspect in the case has been ping
him guilty and the Acting Judge, changed to Calvin Brent. lore

' chu
| " a
, ave
Gothic “Gem” a oe

caine TATTOOED ARM bi

oe r tto

| Continued from page 19 Thei
GOTHIC JARPROOF WATCH CORP.. NEW YORK 19, 8. ¥ HH] E T e tT } U be of \

assis
a le:

Fy : victi
: REDUCE 7: Th
| : bility that the victim may have been Soa mob has a guy to knock off. They amin
i SAFELY! : an ex-serviceman. Turning to the put him in a car, go through the East ton’s

| Method recommended by doctors for years. shoes, Duggan and Foley saw they oston tunnel which is right in their the
|» No drugs, no exercises. were. a blucher-type carrying the backyard and hit the express highway quen
' Send $1.00 for ‘‘Nature’s Way.” brand name of “Sundial.” 'The shoes to Lynn. The drive over the General inve:
S. & W. ENTERPRISES had recently been tapped with leather Edwards bridge to the Lynnway and Th
} BOX 3021 EUCLID, OHIO | half-soles. The inside of the right there’s the sand flats past the open- Bric!
shoe carried the serial number of 485 air theatre. A ten-minute ride at the old!
i and a stock number of 61-283. most. And what could be more per- featu
“Another tough angle to_ check fect?” part

cult

; : : Monday before we
h Asth t :
If ‘you suffer wit attacks of Asthma so errible shoes. The serial and stock numbers

;

i ’ . . .

through the manufacturer,” Duggan “Nothing,” Foley said with a wry

: ree r said slowly. “We'll have to wait till grin. “[P]] string along with you on muc
check on these that hunch.” at si

' ou choke and gasp for breath, if restful sleep is 4

|  datalcee because of the struggle to breathe, if pion should tell where shipments were UGGAN contacted the Boston O:
i feel the disease is slowly wearing your life away, originally made.” police. He talked with Deputy repo
don’t fail to. send at once to the Frontier Asthma he post mortem was coriducted by. Superintendent James F. Daley of the the

{ Co. for a free trial of a remarkable method. No Doctor Cusick and State Police Pa- Bureau of Criminal Investigation. phys

romised to start an investi- fat.

_ matter where’ you live or whether you have any | thologist Alan R. Moritz, The lethal Daley
saiePhoa ny rag ee slr ie send for this | slug fired from a .32-calibre gun, had gation a the North End at once. De- victi
i . If you have suffered a lifetime and tried ’ ry aa . A
{ everything you could learn of without relief; even entered the: victim's back, severed an tective Lieutenant James V. Crowley, serv
{ if you are utterly discouraged, do not abandon hope artery and lodged near the spine. The Sergeant William Creedon and Spe- fore
| but send today for this free trial. It will cost you | victim had also eaten a heavy meal cial Officer Philip Maguire were as- “aT
ie nothing. Addrese * several hours before he was shot. signed to determine if the Lynn B
iy Frontier Asthma Co. —:123-W Frontier Bldg. There were undigested particles of slaying could have been the work of and
462 Niagara St., nuffalo 1, N. ¥. | food in his stomach. His vital organs a Boston mob. prir
| were removed and sent to State Police Reports on the slain man’s finger- disc
Chemist Frank Walker for analysis. rints from the Boston and State the
i ‘Copies = ~~ ween sige a vee turned 7 " fA enact 1
| were sent to the ston Police De- uggan swore unaer is breath when Swe
i Beautiful Hand Painted Wallets | partment and to the State Police. Two his men also turned in negative re- ; at)
tg 1) Mexican sata | of Duggan’s men tackled the task of ports on their search. Of course, rac
4 comparing the fingerprints with those thought Duggan, the fact that the rac
| 2) Hawaiian on file in the bureau. victim had no record was by no means spo
| 3) Discharge Late Sunday found the case at a an indication that he wasn’t involved un
Md Emblem Designs baffling standstill. The widespread in any angland activities. It could anc
— investigation through the Lynnway be that he was a smart cookie who sou
Designed with, Svallan section had fizzled, No one showed up saw to it that he wasn’t tripped up hat
fair, BN ogy A at Goodrich’s to identify the victim. by the cops. ~ tits
cation card pocket, Detectives on the prowl throughout With no results forthcoming from }
Me roomy epanee fan a a the city reported,back to Duggan that an eight-state teletype broadcast, Au
He zipper. The discharge emblem known members of Lynn’s shady ele- Duggan forwarded the slain man’s aut
i; ig printed IP Cotirable wallet. Agi iwc ment were alive and kicking at their prints to the FBI in Washington for: hac
| | All pictures Sears not to [drety Peetanblids usual haunts. This led Duggan to con- comparison with their records. the
Ny waite. <: eh xd clude that the victim was from some _Late Sunday night, Boston detec- ‘
on oe by Dest — other nearby city with Lynn used as. tives drove to Lynn with two well- cai
j Send 3798 plus 20% Federal taz, total 4 the murder site. known North End racketeers. At :
HH} $2.38, we B postage. OF order C.0.D., pay “Pye got a hunch that a Boston mob. Goodrich’s, the racketeers viewed the cl
ib . y is behind this killing,” he said to murder victim with unblinking stares. Di:
i ACME LEATHER MFG. CO. Dept. HD-12 Me : r : : aan
k 4 1123, Broadway, New York 10, N. Y. Foley. “Look at it this way. Boston’s They shook their heads and turned Fo
qe 82 North End has plenty of racketeers. away. We don’t know the guy,” one Ru
bi , .


mf

so
aay

Pie NM es

° e*

ie INVESTIGATORS— LIEUT. RAY FOLEY—
. Chief Inspector Charles T. Duggan (at left of photo) and Police This officer of the Massachusetts State
Chief Edward D. Callahan tabbed murder as a gangland killing, Police was called into the weird case.
. something big to warrant a murder
+h. of this nature.”
or Duggan assigned his men to check
1g through the Lynnway  section—to
~ question the management of Loew’s
St open-air theatre, and to locate late-
: shift workers at the G. E. gear plant
he who might have seen or heard some-
'd thing significant.
he Inspector Gannon was on his way
ae across the flats when Duggan called

, him back. “I’ve got another job for
you, Joe,” he said. “Go to Good-
" rich’s. Fingerprint the guy. If he’s
- got a record, it means we’ll tab him.
nal If he hasn't, then it’s too bad for us.

And when Doctor Cusick gets

ia through with his clothes, bring ’em
= to my office. Don’t forget the shirt,
d too.” ’
Si Nightfall came with no new de-

velopments. Duggan, in charge ‘of
the case with Lieutenant Foley as-

af signed to assist him, tackled the
victim’s clothing which Gannon had
a brought to his office.
. t On the inside of the shirt collar
d was the brand name “Darlie Tone—
~ By Hanover” and “Wrinkle Free
Wilenized Collar.” A closer scrutiny
: of the collar revealed a very faint
laundry mark which Duggan and

Foley finally deciphered as being
wr) ad

“Something to work on,” Foley
said. “We can circulate this mark
to all laundries,”

Attached to the brown gabardine

pants was a black web army belt HUGH A. CREGG—
d with a brass buckle. It fave rise The brilliant Essex County district attorney saw the crime from the
loa posst (Continued on paye 82) first as the “hush” murder of a man who knew a dangerous secret.

; DEAT Fm ne
aes my Be ce OR ae PUMPS. AF
a Tete ate sl OS TERE NEAT , SE


- ' 3 QL Yl oy | “What's the story?” Duggan asked, Duggan wanted more proof.-con-
Y, 4, . . . . . . .

fee | On August Sth, 1945, Legasse said, clusive evidence to link Williams with

, a big dice game was held up by five the dice game bandits. “How about

GSTRIPTEASE NE cy VE | armed men at a Summer camp in the ear stolen by the gunmen?” he

a ; Newton, N. H., across the Massa- asked the sheriff. “Was jt found?”
| THAT CLOYYS chusetts state line. It took place at “Sure,” replied _Sheriff Frank. “T
‘N THE DARK 1:30 in the morning. While two of have a report on it. It was found in
the bandits remained outside and dis- Revere, assachusetts. Wait a min-
e abled the players’ cars and cut tele- ute.” He poked through a drawer in
Spectacular New Tie Creation phone wires, the other three walked his desk and came out with the re-
Tie nding new STRIP-TEASE NECK. into the camp and surprised over 20 port. “Here,” he said to Duggan. “Read

the latest ! ms : : f
opening sew nel teat players rolling the dice. it yourself”
men w. m, - ; j } ,

Usual! "Brings agen, Sheer woud, The Players were lined up against The report said that Ben Street’s

thrilling admiration the first. time eon the wall with their hands upraised. Stolen car had been found in Eddie’s
Compara mith tie meat tailored te The leader of the bandit trio kept Parking Lot on Ocean Avenue in |
‘eel ae pa isn | began to clean out their pockets, They holdup. When the dog races at Won-
re oy ee car! A glorious, gleam: reached John’ Lane, of Haverhill. He derland Park ended and the car re-
pose in the briefest of costumes, mys® made a motion as if to draw some- mained uncalled for, one of the
fond feng magnificent! Write today thing from inside his shirt. The gang attendants had notified the police.
Banding most eeaKHe ,sensation | leader fired. Lane dropped with a Officers Edward McCool and John
ever seen eet exciting tle you've bullet in his head. Contlon recognized the rear plate as
pophing | “Most of the guys taken over the ‘that of the car broadcast as stolen in

SEND NO MONEY — hurdles didn’t care to talk.” con. Newton, N. H. The car was towed to
Pe int to a Dangle tinued Legasse, “but Jimmy Shahin. the Luna Park garage where State

Wecktie by refine seat’ | ian, one of the players from Plaistow, police experts went over it for finger-
man just $1.61 plus. postace ty New Hampshire, gave me the inside prints and clues, All they found was

Keep 10 days. If in that timo you story. He said the bandits didn’t show a soiled gray felt hat.

fo money back iii ented retin the slightest concern over the shoot- Duggan tossed the report back to
peers ing. They got the dough together and Sheriff Frank, “What happened to
Glow in The ot Tie Co, walked out after warning the gam- the hat?” he asked softly, his eyes
215 N. Uathidead hence, ~ ae m, | blers to Stay put. Two of the boys gleaming with interest and the in- |
y : looked out in time to see the five spiration of a sudden thought.
bandits pile into the car owned by Sheriff Frank pointed to the gray t
AG AZIN ES Pte | Ben Street. Street lives in this city. fe} hat atop a pile of Papers on a ;
M BACK-DATED 5: Jit | Matter of fact, most of the boys stuck Steel filing case. Duggan examined it {
; ' were from this city. Anyway, the carefully. There were no initials. But hs
Dries ety all Publishers, Tan 3 bandits got away. Yeah. They left their Duggan wasn’t worried. He hurried \
Setar torsion geogrhy —Ereeal Cat car behind. I worked the case with back to Haverhill with Foley and L
fed ie for coats” St Dh ee Hefner County, vanes Frank of socrmeham — Legasse, Williams’ friena
catala ¥ charges. Dime re- ounty, New Hampshire. e ca nce more Williams’ friends were a
stead veloasaetie MAGAZINE CENTER vas clean. No clues. We found it had icked up and brought to the station ac
863 First Avenue, Dept. 00. New York 17, N. Y, been stolen in Boston.” Sooor Duggan confronted them one of
“Boston, eh?” Duggan said thought- by one. e showed them the gray A
fully. “This js getting very interest- felt hat. Every one of them lost no
es 2 What happened to Lane?” time in tabbing it as ‘the property do
ane, said Legasse, had been rushed of the slain man! : to
to the Hale Hospital in Haverhill in “That’s that,” Duggan said with a tru
sss: | a critical condition. A delicate oper- Pleased sigh. “Now we know where he’
Mah sotor SAW taba? EtG. wS, hope’ gee wares =| ation was immediately performed and we stand. We know the background (
Rush order now, ‘ised. It Glssatisted money relandel the removal of the slug which had of Williams’ murder. We can assume suc
hing VEMY CLOTHES — work cLotHEs : penetrated an inch and a half into that he was the fingerman for @ Boston ory
oe - weed — [alo Wetstee Greene cata is brain eave his life. He was well mob. Ana rhe nese tare of three we
Brooklyn 12, N. Yo 3°? ‘* | on the road to recovery, out of the four bandits at large, the in |
- ie is sa ‘the satationa?” Foley job shouldn’t be too tough.” . Du:
spon DOS ETAL eaERICING TickETS | ache 1. “Were the p ayers able to Duggan and Fole Studied the de- am
13:25) [5ScOOE™ METAL sneLr iin) | describe the three gunmen?” scriptions of the three gunnicn. Neither ve
KIZNAG : Legasse nodded. “ e have complete of the three fitted that of Williams. Bea
VERY toe descriptions,” he said, “but we haven't Williams apparently was one of the The
OSPE en able to do anything yet. We feel two bandits who remained outside as sing
cae, "a ot . here that a Boston mob is Involved. The guards and to disable the layers’ Whi
Brielugl’ tnd cardboard insssunes | Boston police are working on it,” cars. At the Hale Hospital where he to k
Big coinmnnafea lg sien, Lame —— to Neen, pind and Peg drove was viet pedded, the two detectives to L
distributors, You ‘collect detiy: : ew Jtampshire where the con- uestion ane,
™ PRICING PRESS, 126'White Street, New Vark', Wy, tacted Sheriff Frank. The sheriff was % Lane, his speech still affected by the side
eee than willing re play ane bullet bg nre inn, head, told te at
eres the way I figure j »” he said. an an Oley that he could identi ]
he cee et MUSIC to your We | gage stick-up was carefully planned §¢% bandit who shot hin’ a ra
Ss @] G P o E M Ss and, judging from the actions of the Duggan and Fole drove to Boston. : ente
Highest standard work—15 yrs. ex erience, FULL three gunmen in the camp, I'd Say Detectives attach to the BCI told to si
isfaction WeRANGEMENT-—RECORDINGS, Sat- | they were fully aware in advance that them they had heard rumors of big them
AMINATION eee fail lyric Ne ret EX | a game would be in full swing and that Stake dice and card games being Abo
HOLLYWooo. MODERN MELopIe” ree: | they could expect to find a large playe in camps just across the State wha!
P. ©. Box 9602 Dept. 1 heltpanid Wes amount of money either in play on the ine. They had also heard reports that car
° mw » Co dice table or in the pockets of the many big-time Boston gamblers had back
Players,” : . E en frequ nting these games, known askex
For Itching, Burning, Irritation of mind fi cal ere tien S as “floaters” because they were held ‘Tex’
. aware j i ;
ECZEMA . PSORIASIS of the dice game set-up, then of stood the ‘State ling rer malt te wane, Beck
ATHLETE'S FOOT to reason that a ngerman was in- and never in‘a Successive week in the Nort}
Amezing Wonder Cream {4 Days Free Tria} | VOl¥ed. Legasse had Said that most of same place, “i that
Boos MY Water blisters form? Do dry soc) Ratehos form? the _ Players were from Haverhill. “Sure,” Lieutenant Crowley told Lie:
Damnit rack, Hea fei he MWENT Doon edema? Williams was from Haverhill, too. He Duggan and Foley, “we've got the three
Send No Money—Uniess 100% Satisfied! was mixed up in gambling activities, descriptions of the three bandits. But ward
[rool edad mall Coupon soy ==s=ammmn, | He made numerous trips to Boston. A we haven’t been able to spot them and
Hey Dostatn ful; eneeawe FB Ct Ss Wonderful ont soe sis ~— unquestionably iti around Boston. Now that you boys Mant;
beta git a ae the "So Williams could Well have been WilhacnKed them with the murder of had 1
receiving jar, Otherwise will keep Jar and p; for it, 11 Ss. : ic)
A et Rg si the Angerman. Wilkens could have cautious.” ste Nea =< bolice
been slain ecause of friction grow- Duggan and Foley worke i Ww)
ing out of the dice game stick-up hand with Boston Gtactiven nate oe Sikes

shooting, results, They combed the city from “Wh


BODY DUMPED— Lon
Chief Edward Callahan examines feet of
victim found murdered in salt flats.

, TELLTALE HAT— ,
fiz The worn brim of this hat was a clue
Age that pointed out one of the murderers.

> hy

zn ee |

on How to get killed in one easy

rk lesson: spot two stickup men

and go with them for a ride

charge automatically without much
conversation, and while he did, Dug-
gan began looking around to see if
anything had been dropped by the
killer or killers.

He didn’t find any clues, but he did
learn quickly that his surmise that the
body had been tossed out of a car was
hardly correct. There were footprints
leading to the body ‘and bloodstains
° in and around them, showing that the
victim had taken several steps after
he was shot and before he pitched
forward on his face.

; “He’s been dead at least two or three
days,” Doctor Cusick announced when
he had completed his preliminary ex-
amination. “He was shot once, in the
chest. The bullet probably severed an
4 artery; it looks like he died of an
internal hemorrhage. I’ll rush the
autopsy and have the report by early '
evening.” ag tans
a It was two o’clock when the am- ia
bulance drove away with the body. >
Duggan went through the usual rou- ~
ine of investigation. Detectives Paul
Perillo and Dan Leary were assigned
to question the workmen at the Gen-
eral Motors Plant to see if they had
Seen the victim or noticed any sus-
Picious characters. Detectives Frank


ie. to ee ea

Burallo and Pat Calkins went to the
summer theater, which wasn’t far
from where the body had been found,
to question workers there.

Duggan knew that the detectives
wouldn’t learn much because the man
had in all probability been killed at
night and the darkness would have
prevented anybody from seeing any
of the killers. However, Duggan knew
that a person couldn’t get to the salt
flat without the use of a car; so he
sent Lieutenant Frank Berry, in
charge of the technicians, to study the
chalk-white ground for tire treads
and to make plaster casts of any that
were distinct enough to be useful.

Then Duggan and Chief Callahan
went back to headquarters to check
the list of missing persons in the hope
that the victim might be among them.
This, too, Duggan knew, was shooting
in the dark. But he also knew that
you had to do a lot of shooting in the
dark when you were on a murder
case. Sometimes you hit something
in the dark. Mostly you didn’t.

OCTOR CUSICK had his report on
the autopsy ready at seven o’clock.
He said that the youth, who was
about 19, had been shot with a .32
caliber revolver. The bullet had en-
tered the chest, severed an artery, and
lodged against the spine. The bullet,
the medical examiner added, had
been turned over to the ballistics ex-
perts. The time of death was set at
between 72 and 80 hours prior to the
autopsy, which placed the murder at
some time during the hours of dark-
ness three days before.

Examination of the stomach showed
that the dead youth had eaten two
hours before his death. Doctor Cusick
believed that death did not immedi-
ately follow the shooting; the youth
had probably lain there on his face
some time, unconscious and dying.
The victim was five-feet-eight inches
tall, weighed 180 pounds. Hair was
dark brown, even features, shoulders
broad and powerful. His finger nails
had been cut very close.

On both arms near the wrists were
tattoo marks. “BOB” appeared on the
left arm and “ISABEL” on the right.
On each wrist was a five-pointed star.

There had been a shirt lying under

‘the body. Strangely enough, it had

neither a bullet hole nor bloodstains.
The laundry mark was “D-5” and the
brand name, “Darkie Tone by Han-
over.” The collar was marked,
“Wrinkle Free Wilenized Collar.” The
brown oxfords worn by the dead man
were size eight and a half, D width.
They were “Sun Dial Shoes,” case
number “61,283.”

The trousers were tan gabardine.
The army belt was black with a brass
buckle. In one of the trousers pockets
was a partly filled package of ciga-
rettes. There was no wallet, no money,
no papers or letters.

Nothing to

identify the victim.

When the autopsy was completed
the body was taken to the G. W.
Goodrich Funeral Home, 128 Wash-
ington Street. The vital organs had
been removed and sent to State Police
Chemist Frank Walker for examina-
tion. The fingerprints were forwarded
to the FBI. The crowd that filed past
the body at the funeral home failed
to produce anyone who recognized it.

In handling the first hase of the
case—the identification vu. the victim—
Inspector Duggan assigned Detectives
William Murphy and John F. Welch,
in whose district the body had been
found, to check with people in that
area and see if any knew the youth.
Detectives John Hines and Fred
Walsh were sent to Boston with finger-
prints of the dead man to compare
with those on file at the Boston Head-
quarters. Out on the salt flats a plat-
form had been built over the spot
where the body lay to prevent rain
and spectators from obliterating pos-
sible clues while the _ technicians
worked there.

Every detective and every patrol-
man on the force was instructed to
keep his ears and eyes open for any
hint of the identity of the youth. It
was slow, uncertain work and four
days passed without any results. Police
in all the surrounding towns and
cities were also asked to help.

UESDAY brought the first hint

about the murdered youth’s identity.

Patrolmen Walter J. Tracers and
Gilbert Hulme of the Lawrence police
reported to Inspector Duggan that
Thelma Barton, a waitress in a
Lawrence cafe, told them that she and
a friend had met a youth on the bus
going to Haverhill a week before.
She and her friend fell into conversa-
tion with the young man, who said he
had just been discharged from the
Marines and was only 19, having lied
about his age to get in the service.

He told them he lived in Haverhill,
where they also lived. The thing the
girls recalled most distinctly about
him was the two tattoos on his fore-
arms, one “BOB” and the other
“ISABEL.” The next day they saw him
in Haverhill, but he didn’t see them.
They realized when they heard about
the finding of the body of the youth
with the tattoo marks that he was the
one they had met on the bus.

Inspector Duggan went to Haver-
hill, although the lead supplied noth-
ing more than the possibility that the
victim lived or was known there. And
that possibility was weakened by the
fact the murder had been given con-
siderable publicity in the Haverhill
papers and also in the large metro-
politan dailies reaching that city. Yet
nobody had come forth with any in-
formation about the identity of the
youth.

Duggan knew the thing to concen-

“The three men got out and took a walk. Ten minutes later

KILLER—
Edward Gertson admitted taking part in
holdup but denied killing Bob Williams.

trate on was the tattooing. And in
particular the girl’s name, Isabel.
There was no way of knowing that
Isabel lived in Haverhill. A man in
the Marines might have an Isabel in
any port. But Duggan nevertheless
started on the search for a girl named
Isabel.

It was a slow, tedious job, checking
on all the girls of that name in Haver-
hill. Two days later he was sitting in
the living room of a modest home and
was talking to Isabel Jones, a young
and very pretty girl.

“Yes,” she said, “I read about the
murdered youth and about the names
on the forearms. I—I’ve been afraid to
think that it might be Robert.”

“His last name?” Duggan asked.

“Robert Williams,” Isabel said hesi-
tantly. “I’ve known him all my life.
We grew up together. I just read last
night about the ... murder and I’ve
been trying to get up my courage to
go and look at the body.”

“It will have to be done sometime,” 4
Duggan said kindly. “I’ll take you 4

over there now and we'll make it as %

easy as possible.” =
Isabel Jones accompanied Inspector ,%

Duggan to Lynn. She took one look 4

at the body on the slab in the Good- =

rich Funeral Home and gasped: “It’s ‘@

Robert .
Williams. ...

only two of them came back” @

”

. yes, it’s Robert—Robert *4


uding
» the
being

to ask
s sup-
round
icked
utchy
ut of
yoKout
im in-

Lat-

etaway
‘ He re-
went

yf the
layers,
got the
ctim
had
ught
own.

» Buick
t a sec-
» traced
Gertsen

was plenty upset. They had made a get-
away from a killing and then the fool kid
had to leave his hat behind. But he was
crafty enough not to let on how much he
was worried.

“T am never going to let you out of my
sight,” Mantia quoted Dutchy Gertsen as
telling Williams. “I’m going to marry
you.”

And the unfortunate youth did not sus-
pect the sinister meaning which lay be-
hind those words. They drove to a Revere
night club where they abandoned the stol-
en car; later they taxied back to Boston
where they divided the money.

“T understand there was a $1700 take,”
one of the detectives interrupted.

“I didn’t see any such money,” Mantia
denied. “We each got a $35 split except
Tex who only got ten dollars.” Questioned
concerning this, he stated that both Gert-
sen and Bellino wanted Williams broke so
that he couldn’t get away. With this in
mind, they not only made him pay for
the liquor consumed in their apartment
hideaway but also for all of the food.
Neither Gertsen nor Bellino, Mantia as-
serted, intended to allow Williams to re-
turn to Haverhill. They felt certain that
the police working on the clue of the hat
would trace ownership to Williams who
“would open up like a steamed clam.”

As Mantia talked and other details un-
folded, the officers decided that—whatever
Tex Williams’ faults may have been—the
picture of this eighteen-year-old war vet-
eran held prisoner by two desperate and
unscrupulous gunmen was not a pleasant
one. For four days they held him—playing

He chased man to
elevated = station
but lost him as
train pulled out

him as a cat does a mouse and then on
Tuesday evening, August 7th, Bellino re-
turned to the apartment and told Williams
the excitement had died down and they
were taking him back to Haverhill. He
had a cab downstairs and they were first
going to a party at the Frolics Night Club.

“Tex was told to sit in the back seat
between Phil and Dutchy and I sat in
front with the driver,’ Mantia said. “But
when we got to the night club, Phil told
the driver to go ahead to Lynn. When we
got to the General Electric River Works,
he told the driver he had passed where he
wanted to go and to turn back. The taxi
man made a U turn and stopped just below
the Open Air Theatre. Phil asked Dutchy
and Tex to help him locate a “hot” auto-
mobile plate they had thrown into the field
and the three got out.”

Mantia paused to wash down the last of
his sandwich with a gulp of hot coffee.
But each of the listeners could see the
doomed youth as he stepped out of the
machine and cast one backward look for
help that would not come—and then went
forward into the darkness of the deso-
late marsh. There was a heavy silence in
the room as Mantia resumed his story.

“I stayed with the driver and a few
minutes later I heard, or thought I heard,
two shots. Dutchy and Phil came back
alone. The driver asked what had hap-
pened to Tex and they told him he was
spending the night at the home of a girl
and to drive back to Boston. On the way
back I heard Phil tell Dutchy he had told
Tex to take off his shirt so that the white
wouldn’t attract attention.”

Later, Mantia continued, they turned

onto a side street to hide the gun and dis-
pose of other evidence over the Chelsea
bridge. Bellino and Gertsen told Mantia

_ that if he ever said a word about what had

happened, he would get a bullet in his
head and now he found himself also a
prisoner of these two men. On the night
of August 27th, Gertsen told him they
were going on another party and this time
Mantia found himself on the back seat be-
tween the two killers. He got to thinking
of what might happen to him. Unaware
that his movements were being watched
by the Boston police in connection with
the Hanover Street jewel robbery, as pre-
viously referred to in this story, he jumped
out of the car at Sullivan Square when it
stopped for a red light. He ran up the
stairs to the elevated level with Bellino
after him and just got in a train as the
doors closed: He got off at the North
Station and purchased a ticket for Lewis-
ton, Maine, congratulating himself that he
had narrowly escaped being taken for a
one-way ride.

Mantia could not be shaken in this story
which he repeated again and again. In-
vestigation disclosed that Gertsen, listed
in police files as a painter, lived on Chest-
nut Street, Everett. Philip L. Bellino’s
record showed he resided at Anderson
Street, Boston. JoJo Cavagnaro was a
sailor with address unknown.

Duggan and Foley, backtracking the
movements of the Williams murder cab,
went to Mulberry and Williams Street in
Chelsea on a tip from Mantia. Hidden be-
hind a board fence, they picked up a .32-
caliber Spanish imitation of a Smith &
Wesson revolver, numbered M287733. The
gun contained three cartridges and two
discharged shells. Ballistics expert Van
Amburgh stated that the bullet removed
from the body of the ex-Marine had been
fired from this revolver. There were no
fingerprints as the killers had worn gloves
but the weapon was the property of Gert-
sen, Mantia asserted. He stated that
Gertsen had boasted, after throwing his
gloves over the Chelsea bridge, that the
police would never find powder burns on
his hands.

He also told the detectives that the taxi-
cab in which the death ride had been taken
was a privately owned one.

Cooperative Boston police located the
driver, 23-year-old James Salah of 197
Longwood Avenue, Brookline, who ad-
mitted having made the trip. He stated
that both Williams, the man marked for
execution, and Mantia showed signs of
having been well liquored up and that all
four were “singing and jolly” and that
there was much talk of picking up girls
at a Revere night club. He told of having
been ordered to stop near the Open Air
Theatre. Here three men got out, includ-
ing Williams, and only two returned.
Mantia did not leave the cab, he asserted,
but remained beside him. Asked if he
heard any shots, he said five or ten min-
utes after the three men stepped out of

er ae

the cab and vanished into the field, he
heard a sound in the distance which could
have been a backfire. Although held as
a material witness, he was later released,
cleared of all connection with the crime.

On October 2nd, police caught up with
Bellino and arrested him at the North
Station, Boston, as he stepped off a south-
bound elevated train. Gertsen was nabbed
soon after. Both Bellino and Gertsen ap-
peared in Lynn district court on October
17th, 1945, and were charged with mur-
der. Three days later, Mantia was ar-
raigned on the same charges.

Police stepped up the manhunt for 27-
year-old Joseph “JoJo” Cavagnaro. In-
vestigation disclosed that he was at sea,
serving as a steward on the S.S. Comer-
ford, a Merchant & Miner steamship. They
traced the ship to Leghorn, Italy, only to
find that it had sailed. Nor were the police
able to learn for what ports it had been
cleared. Radio messages were flashed to
every part of the world giving the de-
scription of the brown-eyed, medium built,
dark-haired fugitive, asking that he be
held for extradition to the United States.

On June 10th, 1946, Bellino, Gertsen and
Mantia went on trial in Superior Criminal
Court at Salem before Judge Joseph L.
Hurley. Mantia turned state’s evidence
and pleaded Guilty of Being an Accessory
After the Fact to Murder. The trial lasted
eight days. After deliberating for six
hours, the jury brought in a first degree
murder verdict against Bellino and Gert-
sen. Judge Hurley sentenced them to death
in the electric chair; the charges against
Mantia were filed. But he was not a free
man, New Hampshire authorities imme-
diately placed him under arrest charging
him with Armed Robbery.

Bellino and Gertsen fought hard to es-
cape the chair, but on August 14th, 1946,
they were denied a new trial. An appeal
to Governor Bradford of Massachusetts for
mercy was made on May 7th, 1947. The
appeal was denied and on May 9th the
condemned pair went to their deserved
fate in the electric chair.

During the passing months, the law had
finally caught up with JoJo Cavagnaro,
who was returned to New Hampshire
charged with Armed Robbery. Brought
into Rockingham County Superior Court
in Portsmouth, New Hampshire, on May
15th, 1947, Mantia and Cavagnaro were
found guilty and sentenced to serve not
less than two nor more than four years.

Eprtor’s Note

The names Isabel Loud and Peter Ic-
onia are fictitious to protect the identi-
ty of persons in no way involved with
the murder of Robert Williams. Picture
of Edward Gertsen appears on page 66,
lower right; that of Philip Bellino, on
page 67; that of Charles Mantia, on page
66, center; and that of Joseph Cava-
gnaro, on same page, upper left.

+ WORK FOR UNCLE SAM *
AS HIGH AS $3,351 FIRST YEAR

Veterans Get Special Preference

Clerks—Patrol Inspectors—Storekeeper
Gaugers—Positions at Washington, D.C. .
—Ete. Mail Coupon immediately— /*
40-Page Book..on Civil Service—FREE .” adaress............0 csssseeereerrees eioatan one 2 eee

Railway Postal Clerks—Mail Carriers—Mail ,’ FRANKLIN INST., Dept. S-90, Rochester 4, N.Y.

7 (Not Government Controlled)

& Gentlemen: Rush to me, without charge, 40-page book
& with list of U. 8S. Government big paid positions. Ad-
2 vise me also regarding salaries, hours, work, vacations,

etc. Tell me how to qualify for a position.


48

TANLEY DAVIS was eleven and
he had never seen death, and
standing there on the salt flats
near the Saugus River, on that
afternoon of August 11, he
wasn’t sure that the man lying face
down on the ground was dead. He
had stumbled over the body as he
was running across the salt flat to-
ward the river, at the edge of Lynn,
Massachusetts, where he often went
swimming on summer afternoons.

For some time Stanley stared at
the man, a feeling of terror creeping
over his small body. He had thought
at first that the man might be asleep
or drunk, but as Stanley watched
him, and he didn’t move, Stanley sud-
denly realized he wasn’t breathing.

And that was all that was neces-
sary to send Stanley’s little body
running full tilt toward the General
Electric Gear Plant on the highway,
not more than two or three hundred
yards from where the body lay.

At the plant Stanley blurted out his
story to Fred Dallas, a plant police-
man. Dallas, wondering whether the
eleven-year-old boy was making up
the story, started on the double for
the spot on the salt flats where the
body lay, with Stanley, excited now

a Hredguartin

SEASONED WITH BLOOD—

i cte Raul Ne a age
Es v“BURKHOLDER ee

The body of Robert Williams, the murdered ex-Marine, was found on the salt flats
bordering the Saugus River. The victim’s blood was soaked up by the porous land.

and feeling suddenly important, lead-
ing the way.

One look told Dallas that the man
was dead and had been for several
days. He returned to the plant,
called the Lynn police.

YNN’S chief inspector, Dave Dug-

gan, is as Irish as Paddy’s pig. For

a great many years, more than he
cares to admit, he has chased crimi-
nals of every type and hue and
caliber. He moves slowly now, as if
those years have tired him. But there
is another reason for his deliberate
pace. Long ago he learned that you
only crack a case by methodical,
plodding work. Brilliant and swift-
moving crime solutions are found
mainly in the pages of detective
fiction.

Pounding the sidewalks day after
day, asking this person one question
and that one another, putting the
small pieces together—this was the
way Duggan knew cases were solved.
Nothing glamorous or exciting about

Mhilective — Lhiignhf/G4F

it. Just hard work that made your
bones weary and your brain tired.

So when he and Chief of Police
Callahan arrived at the salt flats,
Duggan kneeled beside the body,
turned it over slowly. Then he got
up, still looking at the face of the
dead man. It was the face of a youth
not out of his teens, and it had been
handsome in a strong, forthright way.
Now it was black and a little bloated.

Duggan said: “He’s been dead a
couple of days.”

“Who is he?” Chief Callahan asked.

Duggan shrugged. “Stranger to me
and probably to everybody around
here. He was shot. There’s a bullet
hole in his chest. Shot in a car, most
likely, and dumped out here.”

Police cars were arriving with

additional detectives. An ambulance
came and with it was Doctor Laur-
ence F. Cusick, Medical Examiner.
Doctor Cusick was a quick, nervous,
very professional man, who had been

looking at bodies so long that they
He took |

were an old story to him.

> pi
Oe tnt
ee gre


eT, -

ow nA
ATWOOD, Elizabeth | ed (4 hwood |
White, hanged Ipswich, Mass. ¢ Ee Ee

for infanticide,

See worksheet ~ Mass, ~ Nw - Bound

Ltr. dtdi 3 -6-1988 from Dan Hearn, Monroe, cT
Bives date as 6~23-1720, Obtained from Minute
Books, Massaehusetts Superior Court of Judica-
ture, Massachusetts State A rchives,

Correct date: August 25, 1720. Ltr. dtd. May
een, 1988, from Hearn Citing Sheriff's return,
Mass.,, Book und Magazine Excerpts,

No. 2 Elizabeth Atwood, executed at Ipswich MA in 1720.

on Thursday between the hours of two and five of the clock
in the afternoon, was hanged up by the neck unttl she was dead.

aS oe So we must change the date from June 23rd to August 25th.
ees @ pum Marr dated SJe2ope

sy

: Contimecd trom: the view Pase.
1 upon the onan. Sis hart wo ‘take pur.
naif a Guam stege from bis cell ani”
i walked firihity grt wirhsat the need of .
support. He whe treed in a blavk
'culaway coat? etrt eee, black trousers
,and a while stort, without collar or
‘ necktle. ” i
| As he Flegped gam the trap he qwoked |
feelmly down upes tue Excla assemblage _
below dim, zot mt Cie” sEghiest ner-
vousness was gecte, chie eit tkér in bis
face or in the tacroer af bis body.
Quieuy be ¥lvwl wire Chaplain Wai-
ker prayed. Te: deputies stood or.
either side, ready 3 Support him if
need be, tut d+ _stient_ne 3

slightly bowee lnmi. 36 what che chap-
lain had 1¢e-s:3—'
“Puorm,.2ut vet, one which -
trembled sigtity frum che feelings of: <
the heur, - iragilnie Wager praye?: ra)
—<“o; Git amie amd finisher of:
all things, famgixe thes our brother -
the crime be kus eommiretl Cors-
sider his cep@itaem Accept his cun- |
fessian. Sena: him thy hely spirit ©
Thou hast seduet o thesah thr ‘son.
that thou loves 2% scinery. hating only
the sin that is 2p ur amf as this, thy
prodgwal, is choerongi ys vip ta and peni-
‘tent for his em. tiem 7

did thy Bebsred sor as the chinf on the
cross, and sar ister np aa shalt be
with me in paraiie” *

“And agyin, 0 Siessek Lord, now that |
his last momems «cm ¢arth have come,
grant him his das mqiest, “Jesus, take |
jme to eternal ttf" 7 : 4
: As the * Amen” wih which chaptain |
| Walker closed ‘his prayer was pre
; nounced, the deputies, steppes. forward
jand adjusted ttre Sree andumd Barnes”
fag etter and anki ~.

Barnes. leaue5 sight taeward aie
wateling: thai: presen, Me was as. calm.

he aoe not Dreak ‘ews on the svaf-
; fold to be cannera -amee. :
le As the deputies xsme_foyam-tieetr work
band s100d on either wife of Barnes, rot |
‘ partially suppariag im, Sheri Cush-
ing said:
| *Barnes,. if you. kuce amything gow
wish to say you cer sex it ‘new.
’ ‘Looking icahmir Aeer'a ‘ince wh eae
ators, Barnes yoxenvituiet, tn a clear
; voice, £ the he wuris abeils qsccet st the
ag of this etery>—

Capi ‘Fsirbairo tin sepped forward.
| site he Minch: Sao ach? peupneed $6
| Just it over Barnes” Bead... .

7 For the first time Aire 2:5 appearance.
on the scaffold th: pesucer ciesad nibs
1 eyes, end if shire ae ed as theugh there’
J-were trBces al ears ot his’ eheeles.

> at was. the emly #2 <f emotion he
j had shown, 204 i was auch ‘meen in
Tithe loose falas af -the «2g which waa’

pulled down wrer Rus Size tied
| closely around. the tet wichTa a black |

'

 Bberiff Pas et a aren
the spring of the trag, sant “a a voice

thempelves frem fhe strap.
* For bail a cotewic tcme meGinis oom

{Bdward Reicy, ee, astomn_pirnicien.
i of Sewers aad De


~.

murderer of farmer John Deane of May-
nard, was hanged at the Middlesex
county jaji at East Cambridge this
morning. The drop fell at 9.46, and ut
10 o'clock Barnes- was pronounced dead
_ | by the physiclans in attendance,

_| The-noose slipped to the front instead

‘of the back of the ear, and Barnes’ neck
was not broken by the fall.

‘He was, however, undoubtedly ren-
dered unconscious by the shock and his
‘death was as’ painless and sudden us Is
! possible ‘under such a ‘meang. of execu-

tion, , asia aha 7 ;

Barnes met-his fate Hike a man. As
he, stepped upon the scaffold he faced
the ttle crowd of witnosses in the cor-
ridor below him unflinchingly, and when

1

Lorenzo W. Barnes, self-confessed |:

This transfer of Barnes from the cell
which he had occupied to the cell Rext
the scaffold In the east corridor of the

jail was not made until nearly 9 o'clock.

The’ scaffold « was. screened from
Barnes’ gaze as he passed along the
gallery to his cell, so that he need not
have seen it unless. he had chosen to
lvok after the ccll dgor had been closed

upon him and the screen taken away, _

Inside the jail in the early morning,
although everything had been mede
ready for the .execution, there was,
ney rttieless, a nervous tension-among

all. those concerned: which wee very AD: :

parent. gf

Even, Capt Fairbairn, sidetat sic
and keeper of .the jall, was distinctly
nervovs, and something of the: same
feeling communicated“ttself to all the
others. Nevertheless, everything was
done that should have been done, and
not the smallest detall was neglected.

Soon after 8 o'clock Sheriff Cushing.

arrived at the jail, and with him came

several-of-the deputies.” The arrivals of
deputies, legal Witnesses and spectators
invited to be present by Sheriff Cushing.

was then rapid until 9 o'clock.

At that hour the jail office was cleared
of all save the officors direotly interested
In the execution and those holding cards
of admission issued by Sheriff Cushing.

Soon after 9 o'clock Sheriff Cushing
preceeded to Barnes’ cell and there read
to him the warrant for his execution.
He was accompanied by chaplain Walk-
er, Barnes took the reading of the war-
rant very calmly and made no comment.

The sheriff then returned to the Jail
oMloe and looked after forming the pro-

| cession to the place of execution. At9,30

the doors of the jail were locked, and
ny one was allowed to come in or go out
ti] after the execution had been car

‘Tied out,

The procession from the jall office to
‘the eane Corridor, where the execttlon
tcok place, started soon. after 9,80, and

Serer)


Pome

a“ 2 so Zoe TR 98
q t+ Cambridse. Mass ad
ap le & vy « wy oY “| if ‘ { EA i “ye Uke LL ADS e $ a
WOLLE, le nEea Las VaIDt ao 9

BARN, Lorenzo

<<
—_—y-

4
wid

‘NOLSOd

+

GAVIA

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TENS

‘D

“SaOVd CATAML—S68T “F HOUVIV.

1 SLAOIALIOD *F".

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BWAGVdISAAN -

‘ENPIATED. AIS CRIME

| Lorenzo Barnes Hanged forthe Murde
s —s Of Aged John Deane, |

Mee,

. LORENZO BARNES,
Executed This Morning at East Cambridge—Jall “for the Murder of John —Déane

Meno

Confessed His Deed Several Days
_ Ago and Declared His Willing-
ness to Die—Slept Well, Ate a}
Hearty Breakfast and Walked to
_the Gallows with a Firm -Step==/'
~ Last Words Were “I-Die Re-
pentant.” |

rece] bg

Peg past of Pog eo

g


INSIDE DETECTIVE

“Seems tunny that Mr. and Mrs. Stefanovicz, would stay
away so long without asking to have their mail forwarded,”
he said.

“How do you mean?” I asked.

“I noticed mail addressed to them piled up on the desk in
the dining room,” he replied. “I should think Joe would have
sent it to them if they were in Chicago. Might be something
important.

“Come to think of it,” he added, “they used to have a dog.
A collie named Beauty. She was a good cattle dog and Mr.
Stefanovicz thought a lot of her. I haven’t seen her since
they went away.” : .

“You think they’ve been murdered, don’t you?” I suddenly
shot at him.

“Yes,” he replied simply, “I do.”

“Who do you think did it?”

“Joe Stafanosky.”

“And the motive ?”

Twombley shrugged his shoulders. “He is a surly brute,
from all I know of him. A quarrel; maybe?”

“Maybe,” I said noncommittally. “But don’t breathe it to a
soul. I don’t want any murder talk until I know whether Mr.
and Mrs. Stefanovicz are alive or not.”

“You can trust me,” he said. And somehow I had the
feeling | could.

The interview with Dr. Middleton was brief and to the
point. Ile remembered the office call paid him by Mr. Stefano-
viez and he recalled that the farmer’s wife was with him. A
glance at the doctor’s records established the date as May 21,
the same as on the pill box.

The pills were for a minor case of indigestion, Dr. Middle-
ton said, and the rugged farmer was in no need of an opera-
tion. He explained that two years before, Stefanovicz had
gone to Boston to have his gall bladder removed. And he was
positive that the couple had said nothing about a trip to a
Polish surgeon in Chicago. In fact, Stefanovicz had appeared
cheerful and quite healthy.

On the way back to Stow I sent a telegram to Chicago
police asking them to check hospitals and Polish doctors for a
trace of the missing farmer. I also asked my office to have
police of Greater Boston check hospitals, and instructed an
assistant to urge surrounding authorities to detain Joe Staf-
anosky for questioning. However, I had little hope that he
would be picked up because of the meager description I
could furnish.

ETURNING to the farm, I, found that detectives had
questioned almost a score of friends and neighbors of the
missing couple. For the most part their stories were alike,
but certain seemingly slight differences made me think a lot.
For instance, not all had heard the same story from the
elusive Joe. He had told some about the supposed operation in
Chicago, but to others he said that Mrs. Stefanovicz was in
Danvers, Massachusetts, with relatives. Still others were told
that she was in Everett, and a fourth story was that she had
gone to visit friends in Melrose.,

Why did the farm hand tell these divergent stories? Was
he a forgetful liar or did his simple mind become confused by
the questions of many neighbors? The answer, I thought,
would have great bearing on our case.

Many of the neighbors also had heard that Joe was buying
or had bought the farm. Some of them had been told by Mr.
Stefanovicz himself that Joe intended to do this.

Did this indicate a well-built plot to do away with the
elderly couple and take over the property? Or had the farm
hand, after all, bought the place?

I could find this out only through the official records an
these would not be available until the morrow. How I wished
that I could have Joe Stafanosky for just about five minutes
of questioning !

The next morning there was a wire on my desk from the
Chicago police department. I tore the envelope open eagerly.
Here, I felt, was the message which was to tell me whether

42

we were investigating a murder or just running around on a
wild goose chase. The telegram read:

STEFANOVICZ UNKNOWN TO CHICAGO HOS-
PITALS AND POLISH DOCTORS.

That settled it! \

I called in my two crack investigators. “Sherlock,” I said
to the first, “you go over to Lynn and try to trace the Polish
widow, Alice. She’s supposed to be a friend of Stafanosky.
O’Neil, you ride up to Nashua and see if you can find Stafan-
osky’s girl who was jailed there for bootlegging.”

Then I called in another assistant and gave him a list of
names of friends and relatives of the couple and asked him
to check with them on the whereabouts of the Stefanoviczes.

After that I took my car and headed for Stow—for one of
the busiest days I ever have put in.

First I visited the registry of deeds. There was no record

HIS STRANGEST CASE
Detective Lieutenant Edward Sherlock,. famed state
sleuth who has solved many a Massachusetts crime,
said the “deserted farm” mystery was the weirdest.

there that the Stefanovicz farm had changed hands. I assigned
Sergeant Foley to check nearby railway stations to see if
tickets had been sold to the couple for Chicago or elsewhere.
Then I called on the undertaker of Maynard,

“Well, Twombley,” I greeted him, “want to do a little
detective work today?”

He arose from his desk with a grin. “You bet!”

“It begins to look as if the murder theory was right,” I
said, acquainting, him with the wire from Chicago and other
developments. “Now I want to find out all I can about the
financial end of the farm. Stafanosky’s been selling milk right
along ever since the old couple disappeared. I want to find
out what he’s done with the money.”

“Stefanovicz sells to the Whiting Milk Company, which pays
monthly by check,” Twombley said.

I immediately called the Boston office of the milk company,
asking that they search for cancelled checks made out to
William Stefanovicz. It would be very interesting to see how

the endorsement s
compare with thos

Recalling that (
some grain, we 1
where most Stow
Charles Carvill, r
his story of the f
of a shock.

“Joe was here t
gone to Chicago a
relatives. On his
and that Mrs. Ste
transfer papers.”

“Did he pay for

“He tried to,” \
a milk check mack

Shown being
alias Grobosk
to bring in ”

so I wouldn’t ca
asked Charley to
would add his ‘>
“What date w
Carvill consult:
“Did Joe ever
“Yes—on July
had ordered in J
“Did he appea
“Yes, he had «
A lot of mone
fuel to our susp’
denly get a poc!
or was it blood »
out by our subs
We learned 1
two houses in C:
that the missin;


rubber factory .in
owner of the farm,
-olish-American of

o men found them-
-ading to the floor
and entered a large

that no woman’s

over a chair back.
te of the-dust that

n.
ie reply.

‘ound more articles
vest and trousers
lack shoes, one of

e your uncle must
” he observed with

stood on. the table.
olitary meal. In a
ty double-barrelled |
nd peered through
ied powder.

egested.

f the stairs looked
hieves had been at
amazed.

wo beds,” he whis-

SONS...

%
a

vaaltetis
Wy

WHERE WERE ITS OWNERS?

William and Stasia Stefanovicz, elderly couple who owned
the spacious farmhouse (shown above) near Stow, had
been gone for months before a relative began to make
inquiries. Soon it became a matter for the police ....

The dresser drawers had been jammed in at an angle, as if
closed by someone in great haste. Twombley opened one and
noted that the contents had been pawed over.

The closet door stood agape, revealing a woman’s dresses,
coats, hats and other apparel hanging neatly from their hooks.
In strange contrast to this neatness was a burlap bag of clean
rags, such as country women save for the making of rugs and.
patch-work quilts, which had been opened and most of its
contents strewn over the floor in a layer six inches deep.
Twombley stared at the mess thoughtfully, then poked some
of the rags aside with his foot.

He stifled an exclamation of horror and bent low to examine
the floor.

Mop marks! Someone had made a careless attempt to mop
up a puddle from the grey painted floor. And unless Twom-
bley was very much mistaken, that puddle had been a pool
of blood!

“Come!” He got to his feet quickly. “This is a case for
the police!”

“Police?” Skirton looked at his companion, frightened, then
followed him down the stairs.

ERGEANT RAYMOND FOLEY looked up from his desk
at the Concord barracks of the Massachusetts State Po-
lice and grinned at Twombley. But for once the genial under-
taker of Maynard was without a smile. “You better come
with me,” he said, “and you better come quick.”
Instantly the trooper got to his feet and followed his visitor
out the door.
“This is Vincent Skirton, nephew of William and Stasia
Stefanovicz who bought the old Hale farm in Stow,” Twom-

iy
©, *

;:
4s aa

TOLD STRANGE STORY

Joe Stafanosky, who had worked as hired hand on the
farm, explained that he had bought the property from
Stefanovicz, who had suddenly gone to Chicago to consult
a Polish surgeon. But Stefanovicz was in good health!

bley said to the state officer by way of introduction.

“Yeah,” Foley drawled wonderingly, “I know who they are.
What about them?”

Twombley didn’t reply until Skirton transferred to the rear
seat of the small sedan and Foley crawled in beside the driver.
When the car was on the road Twombley spoke.

“Last June,” he began, “Skirton, here, went over to the
farm to visit his aunt and uncle.

“They weren’t at home, and Joe Stafanosky, the hired man,
said they’d gone to a famous Polish surgeon in Chicago, where
Mr. Stefanovicz was to undergo.a serious operation. Twice
in July Skirton came back to the farm to see if there was any
word of his relatives, but each time he was told a different
story.

“The first time Joe told him that Mrs. Stefanovicz had
gone to stay with relatives in Danvers while her husband was
in Chicago. Skirton wrote to the relatives but they hadn’t
seen anything of Mrs. Stefanovicz, nor heard from her.

“When Skirton returned to the farm a week later Joe was
gone but another hired man, Charley George, said that Joe
had bought the farm and that Mr. and Mrs. Stefanovicz were
still in Chicago.”

“Where is this Joe now?” Foley interrupted.

“T don’t know,” replied Twombley. “And Skirton doesn’t
know.”

The car turned into the farm driveway and they caught
sight of a man in overalls lounging in the barn doorway.

“What’s your name, and what are you doing here?” Ser-
geant Foley asked when the man strolled over to them.

“Charley George is my name,” he said in broken English.
“Joe hired me to work the farm.”

AND A MONEY-MAD DUAL SLAYER ON THE LOOSE!

Sig

“Where's Joe now?” Foley demanded.

‘The hired man shrugged eloquently, “Sometimes he’s here.
Sometimes he’s gone.”

“Well, you stick around while we have a look at the house,”
Foley ordered. .

It took but a few minutes for Twombley to show the state
policeman through the house. The trooper’s face was grave
when they came downstairs. ‘“This is a matter for the district
attorney,” he said.

It was about three o’clock on the afternoon of August 7,
1930, when Middlesex County District Attorney Harold Hale
pressed the buzzer which called me from the office I occupied
as first assistant.

“Something mysterious has happened in Stow,” he told
me. “I want you to take Sherlock and O’Neill and make a
thorough investigation. Go to the Stefanovicz farm. You'll
find State Police Sergeant Foley there and he'll tell you the
details.”

I had been assisting the district attorney in the preparation
of a case for trial, and when he took’me from it and ordered

AMATEUR SLEUTH

Smelling a rat, Undertaker Warren Twomb-
ley made an inspection of the deserted farm-
house, and found it a chaos of disorder.

me to Stow I knew it must be something of considerable im-
portance—especially when he ordered Sherlock and O'Neill to
accompany me.

Edward P. O’Neill and Edward J. Sherlock were state de-
tective lieutenants attached to our office as investigators. These
men, working together like twin brothers, have cracked some
of the toughest cases in the Bay State.

After a drive of about thirty miles we found the Stefanovicz
farm in Stow. Sergeant Foley was there and with him were
Twombley, Skirton, and Charley George. Foley acquainted us
with the case in a few words.

After we had gone through the house the thing which
struck me as most singular was that the elderly couple should
start for Chicago leaving their best clothes behind. But per-
haps they had other good clothes which they wore.

40

INSIDE DETECTIVE

RESPECTED FARMER
If William Stefanovicz had really gone to
Chicago to undergo an operation, why had
he not even left a forwarding address?

I made a mental note to have the stains on the bedroom
floor tested by a police chemist. Perhaps they were blood and
perhaps they weren't

Another thing which seemed to bear out the story of their
departure for an operation in Chicago was a box of pills
Twombley had found on, the sideboard in the dining room.
They were stomach pills, put up by an Acton druggist on a
prescription by Dr. A. J. Middleton. They were dated
May. 21.

I determined at the first opportunity to have a talk with
Dr. Middleton. In the meantime I turned to a questioning of
Charley George.

“How long have you known Mr. and Mrs. Stefanovicz?”
T asked him.

“Qh, since three year ago when they buy the farm. Some-
times I work for Mr. Stefanovicz in the haying. He's nice
man.”

“Did you ever know of any trouble between Mr. Stefano-
vicz and his wife?”

“Oh, no. They nice people. Real nice.”

VANISHED WIFE

As for the equally mysterious disappear-
ance of the farmer’s wife, Stasia, the hired
hand told neighbors four conflicting tales.

“Did Mr. Stefanovicz tell you he was going away for an
operation ?”

“No. He tell Joe and Joe tell me.”

“Do you know of anyone else Mr. Stefanovicz told?”

“No. Only Joe, and he tell everybody else.”

“Didn’t it seem strange to you that he left so suddenly
without saying anything to anyone but Joe?” |

“No. Once before, two year ago, he do the same. He go
to Boston for stomach operation.”

“When was the last time you saw Mr. or Mrs. Stefanovicz ?”

“Last week in May, I think. I meet Mr. Stefanovicz and
Joe on the road. ‘You are going to have new neighbor,’ Mr.
Stefanovicz say to me. ‘Joe, he going to buy the farm.’ ”

My interest quickened at this. “You’re sure Mr. Stefano- .

vicz said that?”

“Sure. He said Jov
died in New Hampsh:
“Did Mr. Stefanov:
“No, Joe hire me.
dam’ good pay, too.
“You mean Joe ha
“No. All the time.
wage. He pay a litt!
“And what did you
“I think whole bus:
“You're right, Cha
and we're here to see »
The laborer scratch
tion appeared upon hi
big liar. One day h:
widow woman with t
here keep house, ma’
time he say he’s got
girl out of jail. She
“Do you know the

Farm hands C
one of the nur
ghastly expla:

“No. Joe didn’t sa

“Do you know the

“No. Joe never t

“Well, do you kn
friends are‘around |
has any relatives ?”’

Again Charley ©
reluctantly. “Joe, he
don’t talk much ai
big lie.

“Nother thing,’ (
think he dare come
punch his head off.”

“Big John?” [ as’

“That's Big John


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“Sure. He said Joe gets some insurance from a brother who
died in New Hampshire. So he going to buy the farm.”

“Did Mr. Stefanovicz hire you to help Joe here ”

“No, Joe hire me. Twenty-five dollar a week, and that’s
dam’ good pay, too. Only I don’t get it!”

“You mean Joe hasn't paid you?”

“No, All the time, ‘wait, wait,’ he say when I ask for my
wage. He pay @ little something, but not much.”

“And what did you think of that?”

“J. think whole business is very funny.”

“You're right, Charley. The whole business is very funny,
and we’re here to see what it’s all about. Where is Joe now wt

The laborer scratched his head and lines of deep concentra-
tion appeared upon his tanned face. “Well, I think Joe is one
big liar. One day he tell me he’s going marry Alice, nice
widow woman with two kids from Lynn. She’s going come
here keep house, make good grub and everything. Another
time he say he’s going Nashua, New Hampshire, to get his
girl out of jail. She do thirty days for bootlegging.”

“Do you know the name of the girl in Nashua?” I asked.

SEARCHING FOR

eat

INSIDE DETECTIVE

HIDDEN GRAVE
Farm hands Charley George (left) and “Big John” Stavicz are seen digging at

me, and he don’t pay him, too. So Big John says, ‘No money
here. 1 won’t work. But | punch his head off some day.’ |
think Joe knows this and he’s ‘fraid to come back.”

At this point Sherlock put in a question. “Did Joe ever
receive or send any letters ?”

“No,” replied Charley. “Joe, he can’t read or write.”

“What about the income from the farm?” queried O'Neill.
“Did Joe send the milk checks to Mr. Stefanoviez or did he
cash them himself a

“fT dunno,” Charley said with a shrug. “He sell some cows.
too. But he also buy grain. Maybe he send some money te
Mr. Stefanovicz. | dunno.”

“How did they go to Chicago—by train 2” Foley asked.

“LT think so. Car still in barn.”

I thought a minute. “Then if the car is still in the barn,
someone must have driven them to the station and then
brought the car back. I wonder if it could have been Joe ?”

“No. Joe don't drive a car,” Charley George replied.

I drew Sherlock, O'Neill and Foley into another room for
a conference. Charley’s dead-end replies were trying our
nerves and | was anxious to
make some sense of the baft-
fling case. “Well, what do you
_ think, boys?” I asked.

“Strangest case I ever
worked on,” Sherlock, a vet-
eran detective, said. ‘“‘Every-
thing seems to point to some
mighty strange goings-on here.
And yet it may be all right.”

“We haven't found an
definite evidence. of a crime
yet,” added O'Neill.

“No,” I agreed. “All we've
found is a mystery which needs
clearing up. And we've got to
be mighty careful doing it, too.
We'd look pretty foolish if it
got out that we're investigating
the murder of William and
Stasia Stefanovicz, and thes
should turn up in Chicago.

“I’m going over to Acton to
have a talk with Dr. Middle-
ton, if Foley will drive me
over. Sherlock and O'Neill
can use my car to circulate
around questioning friends.”

“Why not let Twombley
drive you over to Acton and
then L can work with O'Neill
and Sherlock?” Foley sug-
gested.

“Who is this Twombley.” |

one of the numerous false graves with which the farm was honeycombed. The asked, “and how does he hap-
ghastly explanation of the double disappearance was not far away. - + - pen to be mixed up in. the

“No. Joe didn’t say.”

“Do you know the last name of this Alice in Lynn as

“No. Joe never tell me.”

“Well, do you know anything at all about Joe? Who his
friends arearound here? Where he came from? Whether he
has any relatives ’

Again Charley George racked his brain. “No-o,” he said
reluctantly. “Joe, he always by himself. No friends here. He
don’t talk much and when he do I think it’s all one great
big lie.

“Nother thing,” Charley added as an afterthought, “l don’t
think he dare come back anyway, ‘cause Big John is yroings
punch his head off.” -

“Big John?” | asked. “Who's Big John?”

“That’s Big John Stavicz of Stow. Joe hire him same as

case?”

“Twombley is very popular
with the Polish people around here,” the sergeant said. “They
go to him whenever they’re in trouble. That’s how Skirton
happened ta seek him out. He knows about everyone in the
three towns and he’s mighty sharp. I think he’d be able to
help us a lot if you would let him work with us.”

Ordinarily there’s nothing more annoying to an investigator
than to have an amateur detective bothering him. But a local
man with a good acquaintance among the Poles of Stow
could undoubtedly help us @ lot. Suddenly | had a hunch
which, as later events proved, was one of the luckiest of
my life.

“Sure,” Lagreed, “we can use him.”

En route to Acton | was struck by the keen percepuion of
‘Twombley and by his natural ability to interpret little things
which the average person would never think of,

41,

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Medical science and police persistency cracked this. gangster “hush”

STEADY stream of traffic
hummed over the Lynnway
Boulevard in Lynn, Massachu-
setts, early on the Saturday
afternoon of August 11th, 1945. It
was a hot, humid day with the tem-
perature soaring past the nineties.
Around 1:45, a youthful figure
dashed madly across the sand flats
near E. M. Loew’s open-air theatre,
and dodged in and out of the way
of drivers on the boulevard to reach

»

y
7
a

the gear works of the General Elec- |

tric plant on the other side.

The youth ran to the main gate,
where he gestured wildly to Ser-
geant Ralph Girad of the plant po-
lice. Girad, having observed the
youngster’s hazardous run across
the boulevard and sensing that
something was wrong, hurried out
of his office.

“What’s wrong,: son?” he de-
manded.

4S 747

“A body!” the youth gasped.
“Over there in the sand flats. I saw
it! I was cutting across the flats to
go swimming in the Saugus River.
It’s a man. His face is buried in the
sand.”

“Don’t go away, son,” Girad cau-
tioned. “I’m going to notify the
police.” -

It wasn’t more than five minutes
later when a police cruiser pulled
up at the main gate where Sergeant

bump-

Girad an
Headqua:

call to Of

investigat
the youn
was Stan
led the tu
vard to a
the open-
in plain s

It was
when Poli


ss |

especially with regard to his habits. en-
emies and last movements on the sus-
pected day of the murder. The rela-
tive claimed he knew nothing. “Tex
has only been out cf the service a few
weeks,” the man explained.

With Murray and Welch, Duggan
and Foley hustled back to the Haver-
hill police. It was only a matter of
minutes before they learned one signifi-
cant fact about Robert “Tex” Williams
Jr.. now identified as their victim. Dr.
Cusick had explained his first estimate
on the age as being due to decompo-
sition.

“We've long suspected Williams of
driving players to various dice games
that were operating around the city,”
one officer told them. “But we cleaned
out those games a few weeks ago,
chased them across the state line into
New Hampshire.

Unable to obtain more information
abcut the man from the police. the
four Essex County investigators called
on more relatives and even visited Wil-
liams’ employer. The relatives could tell
them little about what “Tex” had done
on Thursday, but the taxi cab opera-
tor said it was his employee's day off.

“He usually went to Boston on
Thursday.” he said.

Duggan, Foley, Murray and Welch.
extracting every possible amount of in-
formation out of Haverhill, admittedly
net much, learned from other cab driv;
ers that some bars around Scollay and
Bowdoin squares in Boston were Wil-
liams’ hangouts when he visited that
city.

They returned to the Bay State capi-
tal and made the rounds of the joints.
Quite a few bartenders knew the man
with the tattoos on his arms, but none
could remember having seen him on
the previous Thursday.

Back in Lynn that same night. Dug-
Ran and Foley discussed the various
angles. The motive occupied their at-
tention.

“Cculd be one of three or four.” Dug-
gan finally said. “Williams might have
been carrying a chunk of dough and
was robbed. Or he might have been
mixed up with some dame and was kill-
ed for that reason. Remember, he start-
ed a conversation with that waitress on
a bus. He might have been a jadies’
man.”

“How about vengeance?” Foley in-
quired. “It strikes me that’s an angle
worth looking into.”

“You bet.” the chief inspector re-

—

bie
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oi Ary shwhile

, “a. sone oer d to be the
on the bik
clues foun

Se eg

plied. “What say you and I run up

to New Hampshire tomorrow and see.

if we can locate any of. those gam-
blers?” :

The Haverhill police, who were con-
sulted first, could give them no idea
where the crap games might be located,
but they suggested Rockingham County,
site of New Hampshire's only racetrack.

“I know the sheriff over there,” Dug-
gan said to Foley, “Sims Frank. Let's
visit him first.” ;

Frank was at his home in Plaistow.
He confirmed the Haverhill hunch that
dice and card game players had_ mi-

grated to his county. The officer: and’

his staff had been having a hard time
rooting this clement’ out, along with
other such undesirables as gunmen, who
were camp followers of the gambling
games.

“In fact.” Frank added, “just a couple
of weeks ago some gunmen stuck up
a crip game over in Newton. One of
the players was shot, a fellow who
came from Haverhill.”

This seemed important information
to Duggan. who immediately sensed
that Tex Williams, the cab driver, might
have been ferrying players to the New
Hampshire games.

“What happened to the bandits?” he

* asked.

“Got away.” the sheriff replied.

When Duggan asked him who would
know about the Newton robbery, Frank
replied: “I do, of course. But Sam
Hawley—he's the constable over in
Newton—can_ give you all the dope
you may need.”

Thanking the sheriff. “the Lynn chief
inspector and Foley wasted no time in
getting to Newton and contacting con-
stable Hawley.

The dice game, he told them, had
been run by professionals. from Haver-
hill and Lawrence. On July 16 about
20 players were assembled in a loft
just outside town when three gunmen
entered and demanded their money.

Charles Harriman of Haverhill, one
of the players, was slow to raise his
hand. A thug fired a shot which struck
Harriman in the head. The other two
mobsters gathered up an amount esti-
mated as being between $7,000 and
$10,000 and apparently got away in a
car driven by a fourth man.

Harriman wasn’t killed but at the
Haverhill Hospital, where he was taken,
the man lay in critical condition for

pas oiyt, T

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tim's shirt pro
oa at the scene ©

{ the crime.

SOMETIMES DEAD MEN TALK T

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several days. He was still there.

Duggan wanted to know if there were
any clues to the bandits.

-“Only one.” Hawley replied. “Some-
one dropped a hat outside the building.
Most of the players were still around
when I got there. The hat didn’t belong
to any of them so we figured it must
have been dropped by one of the band-
its.”

Hawley went into another room and

‘came back with a light tan sombrero-

type hat. When Duggan tried it on,
it slipped over his ears. “A big man,
apparently,” he commented.

At his request, Hawley permitted
Duggan to take the hat along. The
Lynn chief inspector didn’t know what
he would do with it. but he had a
hunch, “Tex” Williams had been a big
man.

Deciding that Harriman might be
able to furnish descriptions of the ban-
dit trio, Duggan and Foley returned
to Haverhill. Their stop was at police
headquarters, where the hat was im-
mediately recognized.

“That's Tex Williams’! one of the
officers said. “He always wore broad-
brimmed hats—that's how he got his
nickname.”

Duggan and Foley wanted to make
sure. They took the hat around to the
home of Williams’ relatives and receiv-
ed immediate confirmation.

But according to the wounded Har-

riman, Williams wasn’t one of the three:

bandits who had invaded the card game.
All three, he said, had been medium-
sized men.

“Then he was the fellow who drove

4%

Chief Inspector Charles

the car.” Duggan told Foley. “That
makes sense.”

ILE at-the hospital Duggan ob-

tained from the medical examiner

the slug which had been removed from
Harriman’s head.”

The slug seemed to be about a 32
“We'll check it against the bullet: found
in Williams’ body.” Duggan told Foley
“Who knows, we might have some-
thing.”

Returning to Lynn for the lethal slug.
Duggan took them that same night to
Captain Charles A. Van Amburgh. chief
ballistician of the state police. “Check
these and give me a quick report.” he
said. “They may be tied up in a mur-
der.”

That afternoon, in Boston. Captain
Van Amburgh confirmed Duggan’s sus-
picions regarding the bullets. “Both
fired from the same gun—a 32 calibre
Smith & Wesson revolver.” he said

That could mean only one thing: the
bandit who shot Harriman, the card
player. was the same man who had kill-
ed Williams. At least. the same gun
had been used, and Duggan reasoned
that it probably never had Jeft its own-
er’s hands.

“Maybe Williams had to die because
he lost his hat at Newton,” Duggan
said. “It could easily be identified and
his pals might have have figured he'd
be caught on the strength of it and
might blab their identities. What we
ought to do,” he added. “is to lie in wait
around Haverhill and wait until at least
One or more of those Newton dice play-
ers appear. If we can find someone else
who saw those three bandits. we might

(Continued on page’ 46)

T. Duggan, in charge of the inves-

tigation, was not content to sit at a deck and issue orders.

eT

Rene Be ranige sot Trg teen

LOUDEST -


A talk with the manager disclosed
he knew the murder victim quite well.
“I visited him every day,” he said, “but
he never said anything about having
a quarrel. Everybody seemed to like
him. He was building up a good busi-
ness.

“There’s somebody who might be
able to tell you more,’ he continued.
“A fellow who worked a day now and
then for Ray, here at the station.” The
helper’s brother, he added,. owned the
cafe across the street.

In the cafe the officers had a slight
piece of luck, to make up in part for the
bad fortune that had dogged them. The
helper was eating supper at the coun-
ter. His name proved to be Fred Weeks.
He had heard of the murder, but had
no slightest idea of any motive.

“Now that you mention a quarrel,”
he told the detectives, “I do remember
that Ray had one about ten days ago.
I heard a fellow asking Ray’s permis-
sion to take his daughter to a dance.
Ray told him he couldn’t; he'd taken
her twice and that was enough.”

“What did the man say to that?”

“He didn’t like it, and started to
argue. Ray told him to shut up, that
the girl was only sixteen and too young.
The other fellow said he’d see about
it. Then he drove away.”

“All we need now, is that murder
gun,” Caffey said. “If he’d keep the
cartridges there, you can bet the gun
is around the premises, too. Let's fine-
comb that place on Archer Street.”

This time there was nothing left to
chance. The officers searched every nook
and cranny of the bedrooms, living room
and kitchen. They looked under the
bathtub.* Each box and shelf in the
garage received a thorough going over.
The cream-colored coupe’s upholstery
was probed. The chicken house rafters
and eaves were searched. They directed
their flashlight beams under the chick-
en house foundation. There they found
the revolver.

TH gun held five cartridges. One of
them had been fired. Turner wrap-
ped the weapon carefully in his hand-
kerchief and they hurried back with it
to Stege. He found one clear finger-
print on the cartridge cylinder, A quick

~ check proved the print was Mitts’. The

gun model, make, and serial number
were the same as sold to a man with
Jesse Mitts’ fingerprints. Stege ‘made
test firings with the gun, then com-
pared the bullets with that taken from

the murdered man’s skull. The ballistics -

tests proved it was the same gun.

Confronted now with a motive to
which there was a witness, plus over-
whelming and
Jesse Mitts broke down and admitted
that Caffey and Turner were justified
in their suspicion of him.

In‘ his soft, easy drawl, the 25-year-
old youth confessed to shooting Ray
Martin and blamed it solely on the lat-
ter because he refused to let Mitts
court the daughter.

The two officers turned their hard-
won evidence and confession over to
District Attorney Dixie Gilmer 4nd his
first assistant, M. S. Simms. They work-
ed speedily. On the. day after Christ-
mas, the self-confessed killer was turn-
ed over to Tulsa County, charged with
first degree murder.

On March 6, 1945, he appeared in
court before District Judge Halley and
was adjudged guilty. On May 1, 1945,
he was sentenced to die in the electric
chair. As this is written, he still is in
the death cell at McAlester Penitentiary.

There were two strange facts to the
case, neither of which were ever ex-
plained. First, due to the purchase dates
of the coupe and the revolver, it could

not have been Jesse Mitts who had °

approached the tire shop owner and at-
tempted to trade the revolver for re-
capping. It was one of those inexplica-
ble events, a key devised by Fate to
unlock the murder puzzle.

Second, the handwriting on the card
which was found lying between the mur-
derer’s footprints, was never identified.
The detectives concluded it must have
been blown there by the wind. It, too,
was a bizarre touch, as if Death had
presented the officers with a weird Yule
gift and had signed it, mockingly, “Mer-
ry Xmas”

give him a look at some photographs
of stickup men in the state police files.”

They decided on this and began stak-
ing out the homes of several known
players, again assisted by the Haverhill
police.

That same night a man whose iden-
tity was never announced but who shall
be called George Tinker in this story,
made the mistake of showing up at his
house. Murray and Welch took him
to headquarters.

Tinker admitted having been a player
in the Newton game and said he had

obtained a good look at the trio of °

thugs, who were not masked. “I even
think I'd recognize those. fellows if I
saw them again,” he said.

“Good!” snapped Duggan.
going to give you that chance.”

On the following morning the dice
player was taken to state pclice head-
quarters on Commonwealth Pier, Bos-
ton, and ushered into the identification
room. During the course of the next
four hours hundreds of pictures of ban-
dits were spread out before him. Tinker
recognized none.

The spirits of the officers were droop-
ing. If this effort failed they would
not know where to turn. The parade of
the pictures continued.

46

“We're

Suddenly Tinker started. His face lit
up with a sign of recognition. He shoved
a photograph toward Duggan.

“I'm certain this was one of the
men,” he said.

Duggan looked down at a square-
jawed youth. He turned the picture over
and read the name “Charles L. Mantia.
The rest of the description dealt with
Mantia’s address at North Russell St.,
Boston, and his record. He had two
convictions in connection with holdups
and had served a brace of terms.

“We won't waste any- time taking
this baby into custody,” he told the
others, at the same time thanking Tin-
ker for his cooperation. “Let’s see if
he’s home.”

The four officers went up to North
Russell. Charlie Mantia, his relatives
said, hadn’t been around since the mid-
dle of July.

“That’s about the time of the New-
ton holdup,” Duggan snapped. “He’s in
hiding somewhere.”

The others, crestfallen, agreed. “But
where?” Foley demanded.

“That’s what we have to find out,”
Duggan said. “It means checking his
neighbors and his pals—see who he
teamed up with. Maybe we'll find ‘the
others that way.”

indisputable evidence, .

But they didn’t. Two full days of
checking by the quartet got them no-
where. However the investigators learn-
ed that the suspect occasionally worked
as a bartender.

“Looks as if there’s only one thing
to do,” Duggan told Foley. “You and
I had better run back to New Hamp-
shire and start checking the bars and
taverns in the smaller places. It’s going
to be a lot of tough work, but I be-
lieve we'll find Mantia working in one
of them.”

It was not until the middle of Sep-
tember that the indefatigable officers
returned to Plaistow to consult the sher-
iff. Frank told them about a new bar-
tender at a local hotel.

“Say!” Duggan exclaimed. “You
don’t think this fellow’s been working
right here under our noses all this
time!”

So it turned out. The new bartender
was Charles L. Mantia, recognized im-
mediately from his photograph.

Taken to the Rockingham County
jail, the man was confronted with Tin-
ker and two others now identified as
players in the Newton dice game. All
three singled him out of a lineup.

Duggan communicated with District
Attorney Cregg, who dispatched his as-
sistant James Roy to Dover for the
purpose of assisting in the man’s ex-
amination.

Mantia sang readily. Showing intense
relief at landing in police custody. the
suspect whimpered, “I feel safe now.
The mob were going to get me next.”

Roy wanted to know who “they”
were, but Duggan insisted that Mantia
tell the story from the beginning. The
prisoner agreed.

About a week before the Newton
holdup, he said, “Tex” Williams, who
had been steering players to various
dice games, told him about the one in
Newton. Describing it as a “soft touch,”
Williams, according to Mantia, told him
two or three armed men could get
$10,000 or $11,000 out of the game.

“We got only $1,700,” the man com-
plained, ‘“‘although the papers: said it
was a great deal more.” ;

Getting back to his. story, Mantia
stated that he told Williams the deal
could be rigged up. A few days later
he says he brought Phillip R. Bellino,
30, alias Phillip Russo, and Edward
“Dutchy” Gertson, 29, to Haverhill to
talk it over. Both of these men were
well known in Massachusetts.

When the plans were set, it was
agreed that Williams should drive to
Newton in his cab and that Mantia
and certain others should: “take” the
game.

Everything went well until Harriman
refused to obey orders. Someone, not he
according to Mantia, fired the shot that
struck the player in the head. After
that any number of things happened.

Seizing the money, he and two of
his accorplices ran down the stairs.
They discovered Williams had. stalled
the car and couldn’t get it started. He
did, eventually, but by that time the
angry card players were. swooping after
them like hornets,

The car started with a jerk and Wil-
liams lost his hat. A half mile down
the road he ran the machine into a
wall. Fearing he had wrecked it, they
leaped out, ran across a field and board-
ed a Boston train.

Williams, however, merely backed his
cab away from the wall and made his
way to Haverhill.

The quartet met on the following
morning. One of the robbers was angry
because the cab driver had bungled the
getaway. “When they find that hat,”
he said, “you're going to be hot. Baby,
I’m sticking close to you from now on.”

WO days later, when Harriman’s

death was reported near, Mantia
says he was told. “This is going to be
a murder rap, we're all in it together.
If that cab driver talks it's the hot
seat for us.”

The others agreed something should
be done about Williams. Discovering
his night off was Thursday, they plan-
ned to lure him to Boston, ostensibly
to celebrate their haul.

The trip down to the Lynn marshes
was made in a cab driven by a fellow
named “Jimmy,” Mantia didn't know
his last name.

At the marshes the accomplices and
Williams got out of the cab, Mantia
alleged the latter being inveigled on
some pretext Mantia couldn't remem-
ber. About 50 feet from the American
Legion Highway, at about 10:30 on
August 9, a single shot rang out.

On their way back to Boston the
murder pistol was thrown into a lot
at Chelsea.

. After that, Mantia said, he feared for

is own life, since he knew about the
Newton holdup and the murder of Wil-
liams. Once he says he was chased but
he ran into in elevated station at Ever-
ett and boarded a train before his neme-
sis could catch up with him.

Then, the suspect concluded, he de-
cided to hide out. Selecting Plaistow.
only a few miles from Newton, seemed
like a good idea to him, since he sus-
pected the others would stear clear of
that vicinity.

Robbery charges were filed against
Mantia in New Hampshire and a move
got under way to extradite the man to
Massachusetts on a murder charge. As
this proceeded, Duggan, Foley, Murray
and Welch laid plans to capture Bel-
lino and Gertson. At that same time
they sought the identity of “Jimmy,”
the murder car driver.

Since Bellino lived at Andrew Street.
Boston, it was decided to visit his house
first. The four officers played in luck.
They saw their quarry coming down
the street and gave chase.

Bellino, the police allege, had previ-
ously been convicted in four Massachu-
setts holdups, darted up an elevated
stairs and onto the platform, the quar-
tet in pursuit. A train was at the sta-
tion but Bellino failed to make it. A
door slammed in his face:

Thus the device of a closed door
worked in reverse for the suspected
man. He fell into the hands of his pur-
suers on October 3, almost two months
after the card game holdup.

_ The next day, “Jimmy”, the alleged
murder car driver was found in his
cab at Haymarket Square. The man
admitted being hired for a trip to Re-
vere Beach but denied knowing any-
thing about. the murder. However, the
man allegedly verified Charlie Mantia’s
story.

On October 5 “Dutchy” Gertson was
arrested near his home in Everett by
the police of that city, who had been
seeking him in connection with another
holdup. As in the case of Bellino, he
claimed he was innocent of any con-
nection with Williams.

The Lynn pclice. however, succeeded
in finding a rusty gun in the Chelsea
lot, after they were taken to the place
by Mantia. Tests conducted by Van
Amburgh -readily disclosed this to be
the weapon used in the wounding of
Harriman and the murder of “Tex”
Williams.

The police believed their case was
complete by October 17. On that day
Bellino, Gertson and “Jimmy” were ar-
raigned before Judge Ralph W. Reeve
in Lynn for complicity. Only Detective
Murray and Dr. Cusick, the medical
examiner, gave testimony. Bellino and

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,

Gertson were held without bail for the
action of the Essex County grand jury
for alleged complicity in the Williams
matter. The cab driver was freed in
$5,000 bail as a material witness.

On October 19, after a hearing at
Concord, N. H., Governor Charles M.
Dale granted the extradition of Charles
Mantia. The man was brought to Lynn
and arraigned the following day on a
charge of alleged murder. He was held
without bail.

‘Meanwhile things were going bad
with “Dutchy” Gertson. Produced from
the Essex County jail on a writ of
habeas corpus, the gunman was put on
trial for the Everett holdup. Pleading

guilty, he received a term of from 15
to 20 years.

to considering the cases of Bellino,
Gertson and Mantia until the middle
of January, 1946. On the 16th three
indictments were handed up, charging
the former pair with murder ‘in the
first degree and the latter with being
an accessory before and after the fact.

This, under the Massachusetts law,
could conceivably bring Mantia a
penalty equal to the others, or. death

rea rae eta

The grand jury did not get around |

in the electric chair if convicted.
Trial has been set for the spring
term of the Essex County Superior
Court. Cregg was to prosecute in per-
son, and Duggan, who was instrumental

in cracking the difficult case, will assist .

in marshalling the evidence. ;

Incidentally the members of the Lynn
department, plus Foley, were congratu-
lated and rewarded’ with time off and
increased rank for uncovering from
scratch the identities of these elusive
killers.

Since they have not yet been tried,
until said trial and the verdict of the
jury, the State and this magazine give
Bellino and Gertson .the presumption
of innocence of the charges in the in-
dictment and those made’ by Mantia,
to which they are legally entitled.
Therefore, at this time, we presume
them to be innocent and nothing herein
is intended to give a contrary impres-
sion,

Editor's Note: The name, Charles Har-
riman, as used in this story, is fictitious
in order to protect the identity of an
innocent person and to save him from
all’ possible embarrassment.

spare tire. .

Beerup laid a small envelope on the
desk, “The scrapings of the stains for
analysis,” he stated.

Peterson immediately sent them to
the sheriff's chemist, R. J. Abernathy,
in Los Angeles.

In a very short time they had their
answer. “Human blood!”

Officers ,were sent to the bungalow
on Avenue B, in the residential section,
where Tedesco, a married man, lived
with his two children. Taken to. head-
quarters for questioning, he protested
and claimed he was innocent.

When he was asked about the shoe-
maker’s hammer, he said he only owned
two. He had no alibi for the time of
the murder. He was alone at the time,
he stated. .

Questioning him about the $1,000 in-
surance policy, he showed no surprise
at all.

“I loaned Charlie a lot of money. It
didn’t look as though I had much chance
of getting it back, so I insured him to
protect myself and my family,” he an-
swered quickly.

“Is that why you killed him?” Peter-
son asked. “You wanted the money?”

“I didn’t kill. him. I wouldn't kill
anybody,” Tedesco stated flatly.

In spite, of his protests, Tedesco was
arrested on a charge of murder. He was
placed in the county jail in. Los An-
geles.

After pleading not guilty at a pre-
liminary hearing he was held without
bail for a hearing at the Superior Court.

Judge William S. Baird of the Su-
perior Court occupied the chair on Oc-
tober 4, when the trial got under way.

ITNESS after witness was called
to the stand.
Carlton said that he had never let

out, one by one.

Captains. Fedder and McKee, Ser-
geant Moldenhauer and Detectives Ste-
phenson and Emberlin took up stra-
tegic places, well in advance, near the
proposed robbery scene. Silently they
waited, in the pouring rain.

Whitehead into the shop and that he

had not seen the note. He then iden-
tified the shoemaker’s hammer as: one
owned by Tedesco.

Tedesco’s bloodstained car was
brought in as evidence.

Abernathy, the chemist, testified that
there were human bloodstains on it.

Sellers questioned the genuineness of
the note. ;

Baldwin, who had been kept in hid-
ing up to this time, was placed on the
witness stand. He said he had left town
to go to work in the middle west and
that he had told Tedesco of his inten-
tions several days before.

After a desperate legal battle, and
much whispering in the courtroom to
the effect that Tedesco had been in the
theatre audience the night that the mys-
tic had made the startling announce-
ment, the jury left the court room to
make their decision.

Half an hour later, Charles Tedesco
was pronounced guilty.

Still claiming innocence, he .was sen-
tenced to be hanged gn October 19,
1934, at the San Quentin Prison.

However, many persons who had in-
terested themselves in the case, claimed
that there were too many loose ends.
The evidence did- not prove beyond a
shadow of a doubt that he was guilty
of premeditated murder. Appeals were
made to the Governor and the Cali-
fornia Supreme Court.

At the new trial, a recommendation
for mercy and a chain of circumstantial
evidence changed the death sentence to
life imprisonment.

Editor's Note: The names, .Baldwin, -

Carlton, Stoeger and Main Street Grill,
as used in this story, are fictitious in
order to protect the identity of inno-
cent persons and a respectable business
establishment and to save them from all
possible embarrassment.

7 aR ees

Just after 11 o’clock, two men loom-

ed in the distance. It was Greco and‘

Parke, wearing raincoats.

As the newcomers approached the
car, they looked quickly. around, then
Greco spoke.

“Tl keep watch,” he said. “You get

going. Make it snappy.”

Young Parke took a jimmy from his
pocket and began working on the door.
Socn it slid open. Both men: went in-
side. Fedder, creeping near, heard
Greco say: “We can make several trips.
Stuff your pockets with-as many as you
can.

Minutes later, the robbers emerged.

“Stick ‘em up!” Emberlin shouted,
levelling his pistol at them.

Arms in air, Greco and Parke, whirled
around to find themselves surrounded
by officers, who immediately frisked
them.

“Two guns and a bunch of radio
tubes!" McKee announced. “So you
2 ° .
thought you could get away with it,
did you? Well; Chief Wolf wants to
see ycu birds down at headquarters.”

Taken to the police station, the pris-
oners stood glumly by while McKee
handed the chief two revolvers.

“The .38 belongs to Greco,” the cap-
tain explained. “Parke had the 32.”

Wolf locked sharply at the two thugs,
then asked suddenly: “Where's the
452?”

The suspects glanced at each other,
but both remained silent.

Grilled separately for hours, each de-
nied having any such weapon, and when
asked pointedly about the McCarthy
murder, both hotly protested their in-
nocence.

“You can't pin that on us.” Greco
declared. “I was home sick when that
happened and I know Will didn’t do
it. He’s no killer.”

Chief Wolf wasn't so sure. He was de-
termined to find out. Later, in confer-
ence with his men, he mapped a plan.

“Greco and Parke will be in the jug
for a long time for this offense.” he
predicted. “While they’re under lock and
key, we'll turn their possessions up and
down, inside out. We've got to find the
gun that got McCarthy. It’s our only
hepe.”

Greco. a widower, lived in a four-
room shack near the Lake Michigan
shore. Parke made his home with a
sister at the outskirts of the city.

It was an easy matter to search the
older man’s place, under the circum-
stances, but young Parke’s, sister pro-
tested tearfully when the officers ap-
peared with picks and shovels and said
if necessary, they were prepared to dig
up the yard.

“If your brother has nothing to hide,
this won't do him a bit of harm,” Ste-
phenson told her. “The more you pro-
test, the worse it looks for him. Can't
ycu see that?”

The woman finally acquiesced and the
investigators proceeded, but no hidden
gun was found.

Nor was. any such weapon discovered
on Greco’s property, though every floor
and wallboard was tapped for a possible
cache. °

The prisoners, ccnvicted of the car
robbery, began to serve their terms and
Charlie Evans, who had banked con-
siderably on Greco's arrest to solve the
murder, now turned his attenticn more
and more to Raymond Hufford,

Four years went by. Evans, remem-
bering his vow to-avenge Harry Mc-
Carthy’s death, never gave up. He still
kept plugging. talking to this fellow
and that, trying to pick up some clue.

By the end of 1945, Hufford appeared
to be gravely ill. His face was drawn
and haggard. For months he had been
a recluse refusing to see anyone, drink-
ing steadily and alone.

“Never before have I seen a man go
down like that,” Evans said to Wolf.
one day late in November of that year.
“He has something on his mind, or I'll
miss my guess. For quite some time
now, I’ve been looking into his past.


within five minutes after the shot had |
been fired and that, when found, the
man had been dead at least three .

days. In his report to Duggan, the
medical examiner pointed out that
posure to the sun had hastened dis-
tegration and made it difficult to
timate time of death with greater
accuracy.

The vital organs were turned over
to State Police Chemist Frank Wal-
ker for analysis. He found that the
victim had eaten a few hours before
he died. There was some traces of
alcohol in the system, indicating that
he had been drinking. The chemist
concluded, however, that the man
had not been intoxicated.

Ballistics men, examining the
slug taken from the body by Dr. Cu-
sick, reported that the bullet was of
.32 calibre and had probably been
fired from a common type of Smith
and Wesson revolver. The police
knew that there were several hun-
dred such weapons in the state.

Laboratory experts were dis-

patched to the spot where the body

had been found, and they began an
intensive search for clues. Because
of the loose, sandy quality of the
ground, it was impossible to get im-
pressions of any footprints. The best
conclusion of the experts was that
the man had stumbled forward a few
steps before falling to the ground.
Duggan concluded from this that the
man had probably been killed on the
spot where the body had been found.

In order to preserve the few marks

EDWARD F. GERTSEN went along

for the ride from which “Tex” Wil- . |
liams never came back. Gertsen paid -

dearlv for that — with his life!

which were present and keep the
ground clear of the footprints of curi-

ous spectators, a wooden platform, -
extending a foot above the ground, |

was built over the area.

Attempts at identification con- ,
tinued over the weak-end without 7
result. The task of checking the dead °
man’s fingerprints against those of |
Army and Navy veterans was a slow ‘
process. The Federal Bureau of In-

DETECTIVE ANNUAI

vestigation, whose files were geared
for speedy, machine-operated analy-
sis, was able to report within twelve
hours that the dead man’s prints were
not in their master files. This indi-
cated that he was not a known crimi-
nal.

Again on Monday, newspapers
throughout greater Boston carried
accounts of the case. Description of
the tattoo marks on the victim’s
arms was featured. On the following
day, Tuesday, August 14th, a wait-
ress whom the police did not iden-

tify, communicated with Patrolmen

Walter J. Tracers and Gilbert H.
Hulme of the Lawrence police force.
The girl said that the tattoo marks
on the victim were similar to those
she had noticed on the arms of a
youth whom she had known casually
as “Tex” Williams. She added that
he was a Haverhill resident and, she
believed, he had pan employed as
a taxi driver.

This information was relayed to
Duggan. Accompanied by Foley, the
chief inspector went to Haverhill, a
milling town of about 50,000 popu-
lation, approximately thirty - five
miles north of Boston. The investi-
gators visited relatives of “Tex”
Williams at 24 Ford Street.”

They reported that the nineteen-
year-old youth had not been home
since the previous Monday evening.
They had not been unduly worried
by his absence, they explained, since
“Tex” often had remained away from
home for several days at a time. They

AMATEUR DETECTIVE, Stanley
Davis, is pictured with guard at the
General Electric Company to. whom
ee ns meee

were unable to account for his ab-
sences,

The relatives parees to accompany
the investigators to Lynn. At the
Northern Mortuary, they viewed the
body of the victim and positively
identified° him as Robert Williams,
Jr., nineteen, of Haverhill. The
young man had been honorably dis-
charged from the Marine Corps two
Months previously. Shocked by the

DETECTIVE ANNUAL

It was a weird wedding, the day that greed and corrup-
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tragedy, the relatives explained that
he had been restless during his short
stay at home, and that during the
past month had taken a job driving
a taxi.

Duggan worked on the theory that
a thorough inquiry into the man’s re-
cent activities might provide a clue
to his murder...

Close questioning of the relatives
disclosed no hint of a motive. They
provided Duggan with the names of
several of the boy’s friends who were
questioned without result. The only
fact of importance which the inspec-
tor was able to pick up was that
Williams was having difficulty read-
justing to civilian life. He often
spoke of Texas, where he had re-
ceived part of his military training
and told friends he hoped to save
enough money to enable him to re-
turn to the southwest.

Another indication of Williams’
plan was furnished by the proprietor
of the small taxi business for which
the ex-marine worked as a driver.
The man revealed that Williams had
not been a steady worker. “He was
more interested in getting a lot of
money fast,”’ he said, shaking his
head. “I been in this business long
enough to know that it just doesn’t
work that way driving a cab around.
A man is lucky to make a living.”

“Maybe Williams found another
method for picking up some?’ fast
money?” Duggan prompted.

The taxi operator nodded. “That’s
right. I’m afraid he did.”

“You sound like it wasn’t a good
idea,” the inspector said.

“It wasn’t. The kid took to operat-
ing a floating dice game. It paid off
for a while—until the cops found out
about it.”

* * *
HE inspector consulted his files
and produced a folder containing
a single page. “Not much on Wil-
liams,” he said, glancing at the type-
written sheet. “He never got into
any trouble driving cabs. But when

_we heard he was operating a dice

game, we warned him that gambling
could result i in revocation of his hack-
ing license.”

“And Williams quit?” Duggan
asked.

The chief shook his head. “Nope.
Apparently he figured there was
more money in gambling than in
wheeling a cab. We finally located
his game, and we broke it up.”

Duggan produced a notebook and
scribbled several names of petty po-
lice characters whom the chief men-
tioned as having been present at the

‘dice game.

With Foley and a Haverhill detec-
tive who was well acquainted with
the men whom the inspector wanted
to interview, Duggan spent the rest
of the day talking to the local gam-
blers. He picked up several important
bits of information. Williams had op-
erated the game without partners.
The inspector was convinced the
small-time touts and gamblers were
telling the truth when they insisted
Williams had no trouble with rival
gangs or with any of the men who
played in his game.

“Williams doesn’t seem to have had
any enemies,” Foley remarked.

Duggan agreed. “No reason why
he would have any trouble as long
as everything was going all right
with the dice game. But when police
broke it up, he might have tried to
muscle in on another gang’s racket.”

Following this hunch, Duggan and
Foley scrutinized Williams’ move-
ments after the dice game had been
closed. Warned by police against any
further connection with gambling, he
was allowed to retain his hacking li-
cense in consideration of his war rec-
ord. But cabbies with whom he
worked noticed a curious fact. He
spent most of his time parked in the
neighborhood where he had previ-
ously conducted his dice game.

Duggan was well enough ac-
quainted with the habits of gamblers
to have shrewd suspicion. “Prob-
ably shilling his old customers to
another game,” he said.

But continued inquiry disclosed
the contradictory fact that apparent-
ly Williams was not involved in any
other gambling venture in the vi-
cinity.

“There’s only one way to get the
truth,” Duggan decided. “We'll have
to interview one of his customers.”

Further probing finally produced
a gambler able to answer Duggan’s
question. “Sure, I knew Williams,”
he said frankly. “He was shilling
some of his old cutomers over to a
dice game in Newton.”

The investigators drove the fifteen’
miles to the New Hampshire bound-
ary. Sheriff Sims Frank of Rocking-
ham County, site of a well-known
New England race track, was located
at his home in Plaistow. The sheriff
shook his head when Duggan asked
for information on Williams. ‘Never
heard of him around this township,”
he said.

’ The inspector explained that Wil-
liams was known to have been work-
ing for a dice game believed to be
held somewhere in Newton.

“There have been several games

(Continued on page 52) 9

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big, burly individual with a rough-
hewn face, set off by iron-gray hair,
to the door.

“You Danny Hayes?” Kern said,
flashing his badge and pushing into

ne room.

“Yeah. What is it this time? Is my

ar parked in front of a hydrant
again?”

“This time it’s about a bracelet—
a bracelet you were supposed to
deliver to a jeweler chum who was
going to make a watch bracelet out
of it.”

Hayes looked astonished. “But...
but I did deliver it to him. Why,
you can call him up and ask him.
He’s in the telephone book.”

“How long have you known Ran-
kin?” Kern demanded, eyes riveted
on the man.

Hayes registered surprise. For a
moment, he seemed to be wracking
his memory. Then he shook his head
sadly. “I’m afraid I don’t know any
Rankins .. . no, sirree, not a blessed
one.”

“You do know, of course, the
name of this jeweler chum of
yours?” Kern said, sarcastically.

“Why, sure. His name is Weather-
ford, Cliff Weatherford. He lives
over on Harrisburg...”

“You wouldn’t know’ whether
your friend Weatherford has any
hobbies—something he does on the

side for his own amusement, would |

you?”

Hayes looked blank as he pon-
dered the question for a moment.
Then he shook his head slowly. “No,
I’m afraid he doesn’t have any hob-
by—at least not a real hobby. Every
now and then, he makes spare keys
for his friends, but that’s about all.”

The “all” was more than enough.
Ten minutes later, Kern and Wil-
liams were racing full speed ahead
for the house on Harrisburg Street.

Vhen they arrived at the board-
ng house, the officers split up, Kern
aking the front and Williams tak-
ing the back, after seeing to their
guns. A moment later, Kern was
ringing the bell.

The door was opened by an irate
landlady. At mention of the name
Weatherford, she seemed to turn
purple.

“The good-for-nothing ingrate
has just skipped town!” she said.
“A week ago he promised me I’d
get my money today for sure, but
when I rapped on his door this
morning, he was gone—glad rags and

all. And after all I’ve done for
Why...”
Kern and Williams did not linge

to town. ,
At headquarters, Kern lost
time

out the Southwest to be on the ale
for a murder suspect fleeing in
stolen Plymouth.

Results came quicker than Ke
anticipated. On November 25th,
pair of state troopers at Little Roc
spotted the car tooling along th
highway at sixty-five miles an hour

They waved the driver to the side
of the road and hauled him to the@

FY

local

and an ebony car key. Two day:

later, having waived extradition, he}:

was back in Houston.
* * * ‘

ERN, Seber and Police Chief *
Percy Heard questioned Weath-'}
erford. In less than an hour, he
broke down, made a somewhat ima!
aginative confession. White-faced,'
avoiding the detectives’ eyes, eB:
tried a little pathos. “He went back’

on his word,” he said plaintively;

“When he told me he wasn’t back
ing me in my new jewelry busines

I decided to rob him. When he reqae

sisted, I shot him, after robbing ;
of $300. Then I took his car, and ¥

drove over to Charley’s Pool Room)

for my alibi.”

Since there had not been the

slightest evidence that Rankin ha
tried to defend himself, the office

were as much unmoved by the sug

gestion of self-defense as_ they;
would have been by the quaint ideas
that if a householder resists burg
lary, the poor robber has no recours
but to shoot.

They were still less impressed i

Weatherford’s favor when they dis- *>

covered that on October 14, 1935,:
Weatherford had been convicted o:
another robbery charge and had
served a term of five years in the:
Texas penitentiary.

Duly indicted on December 9th,
four months later Weatherford went
on trial for first-degree murder. The:
following day, April 26, 1947, he:
was found guilty and was sentenced;
to life imprisonment.

(To protect innocent people, t
names Joe and Angela Lane @
Danny Hayes are fictitious.)

BULLETS GRANT
A QUICK DIVORCE!

(Continued from page 29)
broken up in that town during the
last few weeks,” Frank said. “Most
of the players were Massachusetts
men. We shut every one of the
games. Besides the gambling, they
were attracting gunmen who...”

voice sharp with interest.
“Yes. Less than ten days @

and got away with about $1,700. 3
of the players was shot in the hea@
when he didn’t get his hands Up
quickly enough.” The sheriff referty
red the investigators to Marsha}
Sam Hawley at Newton for furth€
particulars in the case. ;
DETECTIVE AN

in broadcasting a _ six-statea)
alarm asking peace officers throughs)

lock-up. Searched, he was *%
found to have in his possession $190 %

The two men went to Newton,
which was five miles from Plaistow.
They learned that on Saturday, Au-
gust 4th, a dice game operated in an
untenanted loft had been held up by
three unidentified men. Hawley re-
ported that about twenty players
from the vicinity of Haverhill and
Lawrence were present. Richard L.
Arno of Haverhill had been slow to
comply with the trio’s order, One of
the thugs fired a shot which struck
the player in the head. The bandits
scooped up about $1,700 and escaped
in a car stolen from in front of the
establishment. The automobile was
later found abandoned in Boston.

“We got only vague descriptions
of the three men,” Hawley conclud-
ed. “Apparently, they came across
the state line in another stolen car.
We found that one outside the place
with its bumper locked with the car
ahead.”

The marshal produced a tan som-
brero. “This was our only clue,” he
said. “Looks like a cowboy hat. We
found it in the stolen car that was
left outside the game.”

Duggan had been listening intent-
ly in the effort to discover a connec-
tion between events in Newton and
the Williams case. The sombrero was
of particular interest. It occurred to
him that a man nicknamed “Tex”
might affect this type of hat. He re-
called, also, the fact that Williams
had spent some time in Texas.

Taking the sombrero, Duggan and
Foley returner to Haverhill where
two members of Williams’ family
identified the hat as having belonged
to the murdered man. .

Duggan knew he had an important
lead. The hat apparently linked the
ex-marine to the robbery at New-
ton. “Williams could have engi-
neered the stick-up,” he told Foley.
“Then the gang might have had a
disagreement, and Williams was
murdered because he knew too
much.”

The man who had been wounded
in the holdup was recovering in a
hospital in Haverhill. Duggan and
Foley persuaded surgeons to allow
them to question Arno briefly. Arno
was able to talk, but he could not
offer any clue to the identity of the
bandits. Of one thing, however, he
was certain. None of the men was
under thirty years old. He listened
to a description of Williams and then
declared that the youth had not been
one of the armed trio.

The inspector learned from the
surgeon that the slug removed from
the man’s scalp had been turned
over to New Hampshire police. Dug-
gan returned again to Newton and
was told by Hawley that a ballistics
report had been made on the bullet.
“It was a .32 calibre,” he said. “But
we were unable to trace it any fur-
ther.”

Duggan secured the twisted pel-
let and drove to Lynn, where Cap-
tain Charles J. Van Amsburgh, bal-
DETECTIVE ANNUAL

listics expert of the State Police,
agreed to compare the slug with
that taken from Williams’ body.
“T’ll go to work on it right away,”
he said. “There'll be a report the
first thing in the morning.”

Van Amsburgh’s statement failed
to provide the evidence Duggan had
hoped to obtain. The ballistics man
found that the pellet fired into Ar-
no’s head was so badly twisted that
it was impossible to tell whether it
had been fired from the same gun
with which Williams had been mur-
dered. The only certainty was that
both bullets were of .32 calibre.

Adding this fact to Arno’s insist-

ence that Williams had not been one
of the three holdup men, Duggan
began to wonder whether he was on
the right track. The presence of Wil-
liams’ hat in the stolen car might be
an extraordinary coincidence. The
inspector went to Newton and, ac-
companied by Hawley, interviewed
the man known to have operated the
dice game in which Arno had been
shot. .
After considerable prodding, the
gambler admitted that he had given
Williams a commission on each Ha-
verhill resident he was able to steer
to the game. He scoffed at Duggan’s
suggestion that Williams might
have been involved in the robbery.
“None of them wore masks,” he
said. “I’m positive Williams wasn’t
with them.”

“But his hat was found in one of
the stolen cars,” said Duggan.

“Might have been a plant,” the
gambler said. “Why should Williams
want to break up a game he was
‘getting paid to keep going?”

The gambler agreed to. accompa-
ny Duggan to Boston. He was taken

‘to the State Police headquarters at

Commonwealth Pier, where the
photograph of every known Massa-
chusetts criminal is on file.

The man settled himself into a
chair and began the long task of
studying hundreds of rogues gallery
prints in an effort to identify the
thugs who had looted his dice game.

* * *

EANTIME, Murphy and Welch
had been working on other an-
gles of the case. Government sources
in Washington had corroborated
Williams’ identification as an ex-
marine shortly after the dead man’s
identity had been established by his
relatives. There was no further val-
ue in that information. Examination
of the clothes which Williams had
been wearing when his body was
found, however, continued. It had
been proved impossible to trace the
trousers and the shoes since both
were on sale in scores of retail
stores throughout New England.
The shirt offered a more promis-
ing lead. The garment, manufac-
tured in Manchester, New Hamp-
shire, was widely distributed, but
the laundry mark “D 5” on the col-
lar gave it more value as a clue.


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ts
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is
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a

a

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oN TR 8 wt el UD le

one of the executives of the compas
ny told the men, “is in one of @:
hundred or so_ haberdashe
throughout the eastern states.”
Murphy realized his hunch wag*
valueless, but he still clung to they
‘-n that there was a connection
sen Manchester and the pur."
r of that shirt. “Maybe Wil-
uiams got it in one of the shops in.
this town,” he said. “In that case, he
might have had it laundered here, -
too.”
The two men spent the rest of the
—— in careful inquiry, and »
ally they got results. The propri-
etor of one of Manchester’s largé -
laundries glanced at the “D 5” and
nodded. “Sure, that’s our mark.” ~j
s “Who was the person who had <=
this mark ‘D 5’?” asked Murphy. RS
The proprietor leafed through an ~
account book. “It’s listed for Peter
C. Dale,” he said. Murphy noted .
down the name and the Manchester :
address. ‘“‘You’re positive this is his
mark?” he asked.
“Couldn't mistake it,” the propri-
etor said. r,
“Know this
Dale?” 4s
The man shook his head. “He’s 4

one of hundreds of customers.”
a * *

anything about

UBPHY and Welch went direct-"
ly to Dale’s address. The place
was a boarding house. ‘The land- :
lady listened to Murphy’s question, 3%
then shrugged her shoulders. “I re- 3
member Mr. Dale all right,” she said
grimly. “I’d like to find him myself.
He left about three months ago, ow-
ing me two weeks’ rent.”

The woman added that Dale had
been employed as a bartender at a
downtown grill. Inquiry at the sa-
loon disclosed that the man had
worked there for a month. He had
left without notice, and the grill
owner had no idea where he was.

> two detectives returned to
and scheduled a conference:
Duggan. The chief inspector
had run into a stalemate in his ef-.*
forts to identify members of the
holdup gang. The Newton gambler
had been unable to find their pic-
tures among the State Police files.

Duggan was vitally interested in:
Murphy’s report. “Dale,” he sai
slowly, “how does he figure in this

“It may be another false lead,””
Murphy admitted. “The laundry%
owner was positive that the ‘D 5
mark was Dale’s. But he could be
mistaken. Even if Williams
wearing Dale’s shirt, there’s no cong
nection there to the man’s murder,

“It’s a lead worth following;
Duggan decided. He assigned M
phy, Welch and Foley to ch
through the records of all ba
ers in New Hampshire and iS
chusetts. Search for his name in pf
lice records was also begun. At t
same time, a squad of detective
questioned all Williams’ relati ve
and friends in an effort to discove

DETECTIVE ANI

whether Dale was known to be an
acquaintance or “‘business associate”
of the victim.

While his assistants worked on
this angle, Duggan pondered the
meaning of the laundry mark. He
assumed that the shirt had belonged
to a man named Dale. It was a fact
that Williams had been wearing it.
He constructed a theory that would
include both these details. Possibly,
he reasoned, the two men were
members of the holdup gang and
had hidden together after the rob-
bery. In that case, Williams might
have needed a clean shirt, and Dale
could have lent him one. In that
case, Duggan knew, there would be
bound to be considerable variation
between Williams’ own shirts and
the one borrowed from Dale.

Taking the shirt, the inspector
went to Haverhill and again in-
spected the clothing in Williams’
home. He compared the bullet-torn
garment with the three shirts in the
ex-marine’s bureau. The one mark-
ed “D 5” was a size larger in the
collar than Williams’ own shirts.
This finding appeared to bear out
the inspector’s deductions.

The search.for Dale was intensi-
fied, and it was the inspector's orig-
inal instructions which finally
brought results. Study of the rolls
of the Bartender’s Union in Boston
disclosed that a Peter L. Dale, thirty
years old, was a dues-paying mem-
ber. His record indicated that he
had been employed for short periods
in various saloons, all of them in the
vicinity of New England race tracks.
His home address was given as
North Russell Street, Boston. A
small photograph of the man was
taken from a duplicate of his union
card.

The North Russell Street address
proved to be another rooming house,
and the landlady revealed that Dale
stayed there whenever he was in
Boston. “He hasn’t been here since
early in August, though,” she added.

The woman said that on Sunday
morning, August 4th, she had no-
ticed that three men in addition to
Dale had occupied his room the
previous night. She was unable to
say when the men had arrived there,
but Duggan noted quickly that the
holdup of the Newton gambling loft
had occurred earlier that morning.

A picture of Williams‘was pro-
duced, and the woman was fairly
certain that he was one of the men
in Dale’s room that Sunday morn-
ing. She said the other two, in addi-
tion to Dale, were older men.

On the most important question,
the woman could offer no help. She
maintained that she had no idea
where Dale might be found. He had
not returned to his room since leav-
ing it with the three other men on
August 4th. A quick check of the
clothing which the man had left be-
hind showed that it was all marked
with the “D 5” mark. But there
DETECTIVE ANNUAL

were no indications in his

the small personal effects he had
abandoned to give any hint as to his
whereabouts.

Enlargements of the small photo
on Dale’s union card were made,
and the prints were sent to all po-
lice departments in New England.
At the same time, Duggan directed
an extensive search of every saloon
and barroom in northern Massachu-
setts and New Hampshire. The man-
hunt continued until the middle of
September, when a laconic telephone
report from Sheriff Frank was re-
ceived. He had located the elusive
Mr. Dale in his own township. The
fugitive was tending bar in a hotel
at Plaistow. “I think we’ve got
enough evidence to convict him for
theft of the automobiles on the
night of the dice game holdup,” the
Rockingham County official added.
“He's been charged with larceny of
one of the cars, and we're holding
him for the Grand Jury.”

Duggan, accompanied by Mur-
phy, Welch and Foley, drove to the
New Hampshire town immediately
and confronted Dale with accusa-
tions of complicity in the Williams
murder. The short, stocky man
stubbornly maintained that he did
not know Williams.

The chief inspector produced
Dale’s shirt and calmly announced
that the dead man had been wear-
ing it when the body was found.
After another hour of intense grill-
ing, Dale’s defense broke down. “I
didn’t have nothin’ to do with the
shooting,” he cried. “I’ll tell you
what I know about it. But, remem-
ber, I didn’t have nothin’ to do
with it.”

Duggan grimly informed the man
that he could promise him no im-
munity. A court stenographer was
summoned, and Dale dictated a sor-
did story of crime and dishonor
among thieves.

* * *

ALE confessed that Williams,

whom he had met at several dice
games in the Boston area, came to
him one day in July and told him
that he knew the location of a gam-
bling house in New Hampshire
which would be an easy mark for a
holdup. “He asked me to arrange
for a gang to do the job,” he added.
Dale said that he contacted Phillip
R. Bellino, thirty, alias Philip Russo,
of 13 Andrew Street, Boston, and
Edward F. “Dutchy” Gertsen, thirty-
four, of Everett. The two men, with
Bellino as leader, agreed to hold up
the dice game in Newton.

Recounting the events which oc-
curred during the theft, Dale said
that “because Williams was known
to most of the players, he stayed out-
side in a stolen car, ready to drive
us away from the place. While he
was waiting,” Dale recalled, “he ran
the car into the machine parked
ahead of his and locked the bumper.
When we came out of the place in a

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When the two investigators
brought the shirt to Haverhill for
examination by the murdered man’s
relatives, they were told that Wil-
liams owned several white shirts.
They could not be positive that the
one which contained the bullet hole
was one of them. The laundry mark
on it was unfamiliar.

Scrutiny of the clothes in Wil-
liams’ room showed that every shirt
and each set of underwear was la-
beled “R W”. No article of clothing
bore the “D 5” mark.

The officers called at the laundry
which served the Williams family.
The proprietor glanced at the “D 5”
and shook his head. “It’s not ours,”
he said. “Furthermore, we've never
laundered that shirt. If we had, we’d
have put Williams’ own mark on it.”

“Any idea what firm might use
marks like ‘D 5’?” Murphy asked
the proprietor.

The man shook his head. “My
guess would be that it’s a large es-
tablishment. Possibly it’s one of the
chain laundries in Boston.”

Murphy and Welch reported this
information to Duggan. “The laun-
dry man thinks the shirt may have
been laundered in Boston, eh?” the
inspector said. He recalled that the
car in which the Newton bandits
made their getaway was abandoned
in the capitol city. “Perhaps there’s
some connection,” he suggested. “In
any case, check with all the large
laundries in Boston. I’m very curious
to know just whose mark that is—
and why Williams happened to be
wearing the shirt.”

“He wasn’t wearing it,” Murphy
pointed out. “It was jammed under
his arm.”

“But it had a bullet hole through
it corresponding to the place where
the slug entered the body,” Duggan
said. “He must have been wearing it
before he was shot.”

While Duggan supervised the
slow and laborious search through
the rogues gallery for holdup sus-'
pects, Murphy and Welch ran down
the clue of the laundry mark.

It took the men three days to
cover every firm in the Boston area.
At the end of that time, they were
convinced that the laundry mark
had not originated there.

Murphy had an idea. “Perhaps
Williams bought that shirt at a fac-
tory outlet in Manchester. It’s been
pretty tough to get any white shirts
at all lately, and an ex-serviceman
might have had some preference at
the mills.”

Murphy got Duggan’s permission
to visit the New Hampshire city and,
accompanied by Welch, left the fol-
lowing day. Manchester, located
about thirty miles north of the state
border, has several garment mills.
The one at which the shirt had been
manufactured was quickly located.
But no direct sales outlets were

men, 616B Madison Avenue, New York 22,
ri York. Latest catalogue on request.

maintained at the factory. “The only
olace that shirts could be bought,”

one of the executives of the co;
ny told the men, “is in one
hundred or so_ haberdasher
throughout the eastern states.” 4
Murphy realized his hunch we
valueless, but he still clung to 4
notion that there was a connectigs
between Manchester and the purs
chaser of that shirt. “Maybe Wits
liams got it in one of the shops ig
this town,” he said. “In that case, he
might have had it laundered he
too.” :
The two men spent the rest of the
afternoon in careful inquiry, and 4
finally they got results. The propri«#
etor of one of Manchester’s largé
laundries glanced at the “D 5” ani
nodded. “Sure, that’s our mark,
“Who was the person who had. .

this mark ‘D 5’?” asked Murphy.
The proprietor leafed through an
account book. “It’s listed for Peter
C. Dale,” he said. Murphy noted
down the name and the Manchester
address. “‘You’re positive this is his ©
mark?” he asked. a
“Couldn't mistake it,” the propri=- 4
etor said. BY
this “2

“Know

Dale?” i
The man shook his head. “He's #

one of hundreds of customers.”

* * *

anything about

UBPHY and Welch went direct-

ly to Dale’s address. The place <=
was a boarding house. The land-
lady listened to Murphy’s question, 4
then shrugged her shoulders. “I re-
member Mr. Dale all right,” she said S
grimly. “I’d like to find him myself. #e
He left about three months ago, ow-
ing me two weeks’ rent.” Sa
The woman added that Dale had “py
been employed as a bartender at a Es

downtown grill. Inquiry at the sa- hee
loon disclosed that the man had
worked there for a month. He had
left without notice, and the grill
owner had no idea where he was.
The two detectives returned to
Lynn and scheduled a conference
with Duggan. The chief inspector
had run into a stalemate in his ef-
forts to identify members of the
holdup gang. The Newton gambler
had been unable to find their pic-
tures among the State Police files.
Duggan was vitally interested in
Murphy’s report. “Dale,” he said
slowly, “how does he figure in this?” aa
“It may be another false lead,” +
Murphy admitted. “The laundry
owner was positive that the ‘D 5’ «4
mark was Dale’s. But he could be a
mistaken. Even if Williams was °@
wearing Dale’s shirt, there’s no con- “4
nection there to the man’s murder.”
“It’s a lead worth following,” Bs
Duggan decided. He assigned Mur- @
phy, Welch and Foley to check 4%
through the records of all bartend-
ers in New Hampshire and Massa-
chusetts. Search for his name in po- 3
lice records was also begun. At the ¥
same time, a squad of detectives %
questioned all Williams’ relatives® g
and friends in an effort to discover. =
DETECTIVE ANNUAL «7

whether Dale w:
acquaintance or ‘
of the victim.
While his ass
this angle, Dug
meaning of the

include both the
he reasoned, tl
members of thi
had hidden tog:
bery. In that c
have needed a ¢
could have len
case, Duggan ki
pound to be co
between Willia
the one borrow
Taking the
went to Have:
spected the cl
home. He com}
garment with t
ex-marine’s bu
ed “LD 5” was

brought result
of the Bartenc
disclosed that :
years old, was
ber. His reco:
had been emp]
in various salo
vicinity of Nev
His home ac
North Russel
small photog1
taken from a
card.

The North
proved to be @
and the landl:
stayed there
Boston. “He
early in Augu

The womal
morning, Au
ticed that th:
Dale had
previous nig)
say when the
but Duggan

holdup of th:
had occurrec
A picture
duced, and
certain that
in Dale’s ro
ing. She said
tion to Dale
On the m
the woman :
maintained
where Dale
not returnec
ing it with

August 4th

clothing wh

hind showe:
with the “

DETECTIVE AN!

Metadata

Containers:
Box 19 (2-Documentation of Executions), Folder 14
Resource Type:
Document
Description:
Lorenz Barnes executed on 1898-03-04 in Massachusetts (MA)
Rights:
Date Uploaded:
June 30, 2019

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