Massachusetts, C-D, 1739-1984, Undated

s

For all his worldly charm and influence, and in
spite of the support of the local people and his
powerful connections, James Costley — the

»

smooth-talking, dapper innkeeper—. was trapped
by a scarlet slipper, a metal token and a

: strangely shaped piece of iron. i

possibility we can eliminate. These lub- confirmed their earlier diagnosis of the have enough here to break the case.""

berly knots weren’t made by any sailor. cause of death. They said the victim was The chief glanced at him, and motioned :

Another thing — that was a carriage robe probably in her early twenties and had _to his men. Together with White, Fur- a

the girl was wrapped in.”’ been killed by a gunshot wound 10 or 12 nald, and other Officials, he returned to !
Furnald then carefully slit open the hours earlier, the old wooden toll bridge, where a curi-

sack which had been attached to the body There was no evidence of acriminal ous few still lingered on. Boynton or- |
to weigh it down. Inside was a long, slen- attack, but the doctors were of the opin- dered his men to inquire about the neigh- |
der and heavy object which he studiedfor ion the woman had been married. Later, borhood and to search, carefully the salt |
some time before silently puttingittoone the doctors gave Boynton the death bul- marshes and mud flats. be
side with the rest of the evidence. let, a misshapen lead ball. The chief rec- The chief constable talked to the two be
_ The body was removed to the Sam Cur- ognized it as either .30 or .45 caliber,com- men who discovered the body and then
tis Undertaking Rooms for an immediate ing from a Smith and Wesson metal car- interviewed the bridgekeeper. The latter }
autopsy by Doctors Tinkham and For- tridge. told him that his days were usually spent {
syth. Furnald drove to the Braintree rail- White gave the coarse gunny sack toon the bridge. The remainder of the time, i
road station, where he telegraphed a re- the chief constable. The sack contained he was at his nearby home so that little
port to the State Constabulary Headquar- the oddly shaped weight, the carriage occurred on the waterfront without his

ters on Beacon Street in Boston. robe hood, knotted bindings, the red knowledge. He spent nights at home un-
More state constables were sent tothe buckled slipper, and the jade earring. less he received orders to the contrary.
scene, headed by Chief ConstableGeorge Boynton was disappointed. Boynton was particularly interested in
: Boynton. Boynton was quickly ap- ‘‘Not much to go on,’’ he muttered. the bridgekeeper’s observations of the
prised of the situation. The two doctors Furnald was persistent. ‘‘ think we day before. The keeper explained he had

kept an all-day vigil and then returned

: home at dusk. Little travel was possible

A view of the Hanover railroad station as it appeared at the time of due to the ferocity of the storm. He had
the Hawkes murder. Detectives discovered vital clues there. noticed no undue activity on the bridge
during the night or early morning hours,

such as a stopping carriage. This was
hardly unusual, he added, due to the
blackness of the night and the noise of the
storm.

The chief constable ordered Furnald
and another detective to make a further
check to see if anyone living in the vicin-
ity of the bridge had noted anything sus-
picious in the early morning hours. Act-
ing on Furnald’s suggestion that the car-
riage transporting the body could have
been stolen, the chief sent more men over
the bridge into Weymouth to investigate
this possibility.

Boynton, having dispatched his men,
returned with the coroner to the Curtis
undertaking establishment, where the
chief constable reexamined the clues.
He was particularly interested in the odd
object used to weight the body.

oom

T.P.C, T.P. T.P.C,

Cr shnmcnn ny &

James

COSTLEY, KQWXHX, white, hanged Dedham, Mass,, June 25, 1875,
b

A 19th Century New England crime Classic...
aca; coe aa.

Only known Photo of ill-fated, attractive Julia
Hawkes. Note earrings mentioned in Story.

with a struggle and a splash. The
receding passage of a horse and Carriage was muffled by the storm’s fury.

By early morning, the sun again spark- ambling over the tollbridge spanning the Swirling depths. As they watched the
led on the Swift-flowing river as it tum- stream, and curious about the storm’s whirling debris, the sun gleamed briefly
bled to the nearby ocean. Two men, flotsam, peered over the rail into the ona shapely woman’s leg which broke
36

T.P.c. |

TRUE POLICE CASES, June, 1975

T.P.C,

the surface. The somber sight was high-
lighted by a blood-red slipper encasing
the foot. As the leg disappeared, the men
yelled and scrambled through the rail and
onto the banks of the stream.

A crowd of curious church-goers soon
lined the rail. They were joined by the
bridgekeeper as the two men, splashing
through the water, started to draw the
sodden form to shore.

‘“‘What is it?’’ the bridgekeeper
shouted.

‘‘A young woman,’’ came the reply.

‘*Pull the body ashore, but leave every-
thing as it.is,’’ the bridgekeeper
cautioned. ‘‘I’ll send for the police.’’

The police arrived in the form of a
short, bewhiskered and bearded man
with the unlikely name of State Constable
Napoleon Bonaparte Furnald. He was
accompanied by Coroner George W.
White, Jr. Slipping through the mud, they
struggled to pull the body onto the bank,
but it resisted their efforts.

‘Something is weighing it down,”’
Furnald grunted to the coroner. The legs
of the woman swung free from the cord
draped about the body. One end of the

‘cord bound the arms and held a hood-like
covering over the head. More lengths of
cord trailed off into deeper water.

Furnald waded out and pulled in this
rope, drawing in a heavy sack, which he
deposited on the bank. Then, as he
helped the coroner haul the body onto the
bank, he noted that the other red slipper
was missing. No one in the vicinity could
recall seeing the missing slipper and al-
though Furnald searched the area
thoroughly, he could not locate it.

Summoning help, the pair carried the
body to the bridge, where the constable
cut the ropes holding the coverings over
the victim.

‘Don’t anyone touch these knots,’’ he
warned. ‘They may offer me aclue to the
killer.”

Coroner White removed the head cov-
ering, revealing the face of a beautiful
young woman, framed with black ring-
lets. Large brown eyes with long curling
eyelashes peered unseeing past the men.
Furnald gazed sadly at the features and
then knelt to examine several mutilations
on the face. He looked up at the people
crowding about. f

‘Does anyone know this woman?”’ he
queried. ‘

There was no response from the curi-

The unflagging determination of
State Constable Napolean
Bonaparte Furnald finally re-
sulted in the apprehension of
the infamous Costley.

ous throng, and the detective sighed as he
gathered the hemp rope, hood, and heavy
sack. He ordered the body taken to Union
Fire headquarters No. 1 in East Brain-
tree. The two men then followed the body
to its destination, discussing aspects of
the case.

“‘One of the bystanders said she wasn’t
from around these parts,’’ White offered.

“I know,’’ Furnald replied, ‘‘but we
can’t afford to leave any stones unturned.
Where do you suppose that other slipper
is?”’

At the fire station the two men met
Doctors Tinkham and Forsyth. After a
brief examination of the body, the physi-
cians stated death was due to a bullet fired
at close range into the victim’s left tem-
ple.

‘“‘Any idea what kind of weapon was
used, gentlemen?’ Furnald asked. The
doctors were unsure and the detective did
not press further.

Although the victim was fully dressed,
a portion of one of the woman’s petticoats
was missing, and a label ona black alpaca
underskirt beneath the black and brown
striped dress had been removed. Furnald

ieee re SS
Set

asked the doctors about a thin, red swel-
ling encircling the third finger of the girl’s
right hand.

“I'd say a ring had been forced off that
finger after death,’ Dr. Tinkham com-
mented. Dr. Forsyth nodded his head in
agreement.

The detective peered at the doctors.
‘That could mean robbery,”’ he said.
‘‘Then again, the ring might have been
removed to delay identification.”’

A ray of light eased through the win-
dow and was captured by the jade earring
attached to the victim’s right ear. The
glitter attracted Dr. Tinkham, who re-
moved the object and handed it to the
detective. The other earring was missing.

Furnald took the hooded head covering
out into the yard, where he scraped off
the mud. A closely woven material was
revealed, along with a small metal disc.
He studied the disc for a moment before
slipping it into his pocket.

The detective then turned his attention
to the knots on the cord bindings and
motioned to Coroner White. ‘‘Here’s one

(continued on next page)

H
t
z
;
‘
i


at

Handsome and popular James
Costley went tothe gallows witha
quip on his lips.

“Do you know what this thing is?’’ he
asked his companion. White frowned.

“It’s unusual, all right,” Boynton ag-
reed, ‘‘and it can help us find the mur-
derer. It’s a tailor’s goose, a smoothing
iron used by tailors.”’

Furnald and the other detective, Bag-

ley by name, reported back. They had
located a blacksmith who lived near the
bridge tender. The blacksmith had been
awakened by the fury of the storm around
one a.m. As he tried to get back to sleep,
he heard a horse and carriage drive onto
the bridge and stop. Some moments later,
he heard the horse start up and the car-
riage drive off.

“In what direction?”’ Boynton pres-
sed.

‘‘He couldn't be sure because of the
storm, but he told us he had the impres-

‘ sion the horse and carriage was headed

toward Quincy.”

Boynton immediately ordered his men
to conduct a house-to-house survey on
the Quincy road to learn more about the
mysterious horse and carriage. They re-
turned, unsuccessful, at dusk and the
chief constable sent them on fresh as-
signments. Furnald lingered behind,
looking intently at his chief.

“Give me some time,’’ Furnald asked
Boynton, ‘‘and I think I can track down
that horse and carriage. I’m not so sure
that rig was stolen, now. | think it was
hired.”’

**Why?”’ }

‘‘ Because of the numbered disc I found
stapled onto the carriage robe covering
the victim's face.’’ Furnald then pro-
duced the disc he had pocketed earlier,
outside the fire station.

The Four Corners Inn in Ha nover, Mass., previously Howard House,
where killer was an innkeeper.

‘*That robe came froma livery stable,”’
he continued, ‘‘and I think the rig did
too.”’

Boynton was thoughtful. ‘“You havea
point. Let’s see what you can turn up.”’

Furnald climbed into his carriage and
spoke to his horses — he never used a
whip — and the animal pricked up its
ears, and then shuffled its feet, and the
detective disappeared into the night.

Despite the allegiance of the state de-
tectives, a full day passed with the case
no nearer solution. Furnald had visited
every livery stable in Weymouth, Brain-
tree, and Quincy without success. He fi-
nally secured permission to extend the

Search into Boston. Napoleon Bonaparte

Furnald was as persistent as his
namesake — he was well aware that there
were 48 livery stables in Boston.

By midnight, when Boynton was about
to call.it a day, two women were escorted
inside his temporary field headquarters in
Braintree. The older, well-dressed mat-
ron introduced her married daughter and
gave her own name as Mrs. Lucie Smith
of Wollaston Heights, an exclusive sec-
tion of Quincy. She said they were calling
in connection with the body found Sun-
day morning.

“It could be one of my good friends,”’
she explained, ‘‘although I don’t know

(continued on page 50)
39

4 tenn ng


e. * NWOT

eH $403 curetiq oN pes

ut f°ss

ntributing Reporter
NORTHAMPTON — Jn early June 1806, the
r celebrated in this city

st Catholic Mass evé
ig said in a jail cell. The occasio

nent hanging of two Irish imm
irder it appears they di

ed from Baston at the
iad to sleep at the jail be-

pms” DO jocal innkeeper would give shelter to a /-
“~~ apist.” The morning of June 6, the day of the

ecution, sed an overflow

church where Jon
ad his hell-an

isoners: request, |

mons the cen

me to Northampton,

Some 15,000 rsons ca
2500, to witness the execution 0

Pees Be Regen meas en a town of
mes Halligan and Dominic Daley. More than
= ears later a man who had attended the 28
= nging as a boy recalled: “The pines - -: were tae
Reg ied with spectators.” 3 . § |
ees An event that captivated this Connecticut - Qe
Se ; ley city 176 years ago still stirs it today. nd
7 3 ‘en, the interest was In seeing, two Catholic ae
for the murder of a young a.
: Sees : Fg ida ¢ Be a ey
: as rdon for two men he says ohn Carlon stands beside memorial in Northampton dedicated to
Irish immigrants hanged for a murder they ma not have committed.
GLOBE PHOTO BY RICHARD CARPENTER

SS a ae wt justice.
Soe “SH, Page 33 _


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"This is a xerox copy of the orisional death warrant, (Front and back),
oF Benjamin Cummings. He was executed at Taunton, Massachusetts on
August Th 1839. Aceording to other papers pertuining to his case, (whieh
are on file inthe Mass. State Archives), he wes a nective of Freetown Mass.
and a “labourer” by occupation On October 23rd 1838 he stabbed to death

one Asa Clark Jv. at Freetown.

fs tia

CUSHING, Matthew, hang -- ne
» hanged at Boston, Mas 1)
& S «= Mass,, OGt. LT, 1734
? *

hh ae ES KS

Items from NEWSLETTER, Bosten;—““ess Soe :
_B-22- (734, Boston. On Friday lest eS Outi hel ce joke the Court 4 7
Suffolk, Cameo the triel oF Sohn Ormsby fae the. mureler of one Thomas Bell, vo
Companion in. prison, by giving hin.a blow on Hee head witha quact=pet, Qs We
metly mentioned 0 C hied Lack he was fore GUILTY.

And last Tuesday morning Came on et te sd. court Ha tniel of Matthew

- Cushing, indicted for burylaey, of bresking into the hause. of Joseph Cook of 4.0

ee nivel ee LOO OA eceecsinmenuiieniinssinicbanc AALS ciara

ca. Priva e tou  Cordwainer, in the night-t me last Octeb ee and stealing sundry es

| | , z thi Whi ale he Carried «FF and were Frundl upon hima aFteewaeds. Ard a

a

on | a ote pert. of the King beng ae 5 ple ard full ogunst hie, :

s the jury bengha him in GUILTY. —— Bue age a ele
ale The above - mentimed John Ormsby and Mettha Cishing were —

sey i Ses oe tes yesterday 73 before the court ond hol Sentence of DEATH pranauce
______vpn rem. crash seid litle or nota butt Cuchinn behaved hime sh

a Very unbecomiba manner.

0-24-11 34, Boston. Last Thursday. were. eyecuted here. John Ormshy ¢ 7)

; Mathes Cushing the Prmer for muntec, He latter for a. burl yas
oe we Formerly mest med. ‘Grea pans werecteken to prepace thon er the

p taal change hich it's hoped. were. net: in_vain. (B.G. ses that the rope

| broke in Cuchres '5 case.


Pesce pre iv

OR ote

4

ae

470

of the minor son of the defendant as to a
sale of intoxicating quor within the pprhee
of the home rightly was admitted in view 0
circumstances.
ag pe was evidence sufficient to war-
rant a finding that the minor son of the re
fendant living in his home was authorized | y
the defendant to make the sale which was
the subject of the second complaint. On this
point the case at bar is within the authority
of numerous decisions. Commonwealth v.
Hyland, 155 Mass. 7, 28 N. E. 1055; ~~
monwealth vy. Downey, 148 Mass. 14, 18 N. ~
584; Commonwealth v. Gillon, 148 Mass. 15,
18 N. B. 584; Commonwealth v. Coughlin, 14
Gray, 889; Commonwealth v. Kozlowsky,
°43 Mass. 538, 138 N. E. 14. See Tornroos v.
Autocar Co., 220 Mass. 336, 341, 107 N. E.
1015, and Sousa v. Irome, 219 Mass. 273, 106
v. BH, 998. |
7 ieee (d) The instruction that the de-
fendant would not be responsible for baa
unlawful act of his minor son unless it was
done by his consent was given in connection
with the refusal to grant a request that =
such responsibility would arise unless t .
“act was done by the direction of the a
ant.’ The request rightly was denied. While
simple consent of the defendant to the un-
lawful act of his minor son, dissociated ad
all other facts, would not be enough to ma “i
the father criminally responsible for _
act, it would be sufficient provided there were
attendant conditions warranting an inference
that the act thus consented to was babies
the scope of general authority conferred =
on by the son by the father. oo
y. Reynolds, 114 Mass. 306. Such aut pabd
may arise by implication from oda erage
as well as by express direction. Smith v.
Jordan, 211 Mass. 269, 97 N. E. ‘61. ne
{13] (e) It must be presumed, in rte d
sence of anything in the exceptions bid macht
the contrary, that full instructions Ww ere ae
en on the general subject of criminal is gee
sibility of a principal for the conduct re) he
agent acting within the scope of his ee :
Silver v. Graves, 210 Mass. 26, 30, 95 N.
948; Nesson v. Adams, 212 Muss. ae, oo
99 N. E. 93; Curlianis v. Reid, 226 Make, mo
115 N. EB. 239. It follows that the sale ™ "
minor son to O’Gara might have been ree
to have been authorized by the pe wise
(14] (f) It is assumed without —
that even under the Highteenth Amen ,
to the Constitution of the baa Prt they
jury must have been satisfied ek : —
sonable doubt that the defendant kep on
icating liquor with intent to sell ~~
within this commonwealth. Commonwes eatin
Blood, 11 Gray, 74. But there was no

in denying the ninth request because in its

140 NuRTHBASTERN REPORTER

(Mass.

to indicate the contrary, that full and ac-

curate instructions were given as to the bur-

den of proof, There was no error in the de-

nial of the several requests for instructions.
Exceptions overruled.

(246 Mass, 12)
COMMONWEALTH v. DASCALAKIS.

ici shusetts.
Supreme Judicial Court of Massac
spe Suffolk. June 22, 1923.)

inal law €==993—Proceedings on pro-
geese nt revoke sentence and nolle prosequl
held still in fieri when judge declined to per-
mit suggested procedure. ;
Where, on district attorney’s suggestion
that sentence be revoked and nolle age hae
entered to the charge of murder in the <a
degree, and sentence imposed for murder =
the second degree, the judge expressed _ :
tive purpose to follow procedure in — os
case, but, when nolle prosequi signed by dis ~
attorney and written consent of ——
presented, he declined to revoke the “yo —_
the proceedings were still in fieri, and he wa
not bound to revoke the sentence.

imi — ting offi-

. Criminal law @==302(2) Prosecut
or acts on his own responsibility in enter-
ing nolle prosequi, ; ;

In entering a nolle prosequi, a prosecuting
officer acts on his official responsibility, meg
alone ig answerable for exercise of sound dis-
cretion.

3. Criminal law ae cannot be
changed by nolle prosequl.

The offense charged cannot be changed by
an attempted nolle prosequl.

law 302(2)—Power to enter

* Dogg Bae seointe until trial commenced.

Power to enter a nolle prosequi 18 abso-

lute in prosecuting officer fromm return of pa

dictment until the beginning of trial, except

possibly in cases of scandalous abuse of au
thority.

5. Criminal law €==302(2)—Nolle ere
cannot be entered after jury impaneled, with-
out operating as acquittal.

After jury is impaneled, defendant poral
right to have it pass on his guilt by verdict,
and thus secure a bar to another prosecution,
and nolle prosequi cannot be entered b iypeeir
defendant’s express or implied consent, and,
if entered, operates as acquittal.

6. Criminal law @=—302(2)—Power to —
nolle prosequi revives when verdict returned,
but ccases when sentence imposed.

After verdict, prosecuting officer’s egegy
power to enter a nolle prosequi revives; prt
ceases when sentence is imposed, and eat
prosequi thereafter entered does not requ ad
revocation of the sentence, as the iggy ~
final judgment, and ends the case until ©
versed.

tots se
text that request accentuated a distinc-| 7, Criminal law 6=2302(1)—“Nolle proseq
con

tion between the personal conduct yees3 ee
fendant and that of his agent. Again,

defined. :
A “nolle prosequi” is the formal expre*

must be presumed, in the absence of anything

sion of determination of Attorney General oF

€—For other cases see sar

ne topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Mass.) COMMONWEALTH y. DASCALAKIS
)

(140 N.B.
district attorney that he will not further pros-
ecute the whole or a separable part of a crim-
inal proceeding.

471

could not have been introduced against his ob-
jection, or that he omitted to object to im-

[Ed. Note—¥For other definitions, see Words

and Phrases, First and Second Series, Nolle
Prosequi.]

8. Constitutional law ¢==>67—Execution of sen-
tence Is executive or ministerial, and not ju-
dicial, function.

While the court has power to enforce exe-
cution of sentence by appropriate process, exe-
cution of the sentence is in its essence an

executive or ministerial, and not a judicial,
function.

9. Criminal law €—913(1)—Statute as to
granting new trial if justice has not been

done does not create new ground, or require
court to examine the entire record.

G. L. c. 278, § 29, as amended by St. 1922,

ce. 508, authorizing the superior court to grant |

/

| new trial for any cause for which by law new

| trial may be granted, “or if it appears to the
court that justice has not been done,” does
not create an additional cause for new trial,

proper argument of opposing counsel was not
| Such negligence or incompetence as entitled de-
| Zendant to new trial, assuming that new trial
.; might be granted on that ground.

16. Criminal law €=722(3)—Comment unfa-
vorable to defendant’s conduct or character
not error, when warranted by evidence.

Comment by counsel unfavorable to con-
duct or character of defendant, so far as found-
ed on the evidence, constituted no error,

17. Criminal law C=>720(3)—Incompetent evi-
dence, admitted without objection, may be
made subject of argument,

Incompetent or immaterial] evidence, when

! admitted without objection, is entitled to its

| probative force, and may be made the subject
of proper argument.

18. Criminal law €=713—Only unfair, preju-

dicial, and unwarranted argument Is ground
for exception.

It is only when argument is unfair, preju-

or require the court to examine the entire | dicial, and unwarranted that it is ground for
record to ascertain whether justice has been | ¢X¢ePtion.

done, but merely requires that requirements

of justice shall not be forgotten.

19. Criminal law ©>1037(1), 1055—Objection
and exception to Improper argument neces-~

10. Criminal law @=911—Motion for new| Sary-

trial addressed to trial judge’s discretion.

Seasonable objection and exception to im-

Motions for new trials are addressed to | Proper argument of counsel should be taken.

discretion of the trial judge.

li. Criminal law @==912!'/2—Errors at the

trial, which might have been raised by excep-
tions, not considered on motion for new trial.
Alleged errors of law occurring at the
trial, even in capital cases, can be reviewed
only on exceptions, and matters which might
have been raised by exceptions at the trial
will not be considered on motion for new trial.

12. Criminal law ¢==96!—Trial judge not re-
quired to make findings on motion for new
trial.

The trial judge was not required to make
findings of fact on a motion for new trial, but
only to pass on relevant requests for rulings
of law, and to decide the motion.

13. Criminal law @==1160—Determination of
motion tor new trial final as to facts.
So far as facts are concerned, the trial

judge’s determination on motion for a new trial
was final.

14. Criminal law @=2641(1)—Competent coun-
sel should be appointed for defendant in cap-
ital case.

Under G. L. ¢. 277, § 47, providing that in
capital cases the court shall assign counsel
for the prisoner and order reasonable com-
pensation paid him, if the prisoner is other-
wise unable to procure counsel, it is the court’s
duty to appoint competent counsel, able to
conduct faithful and proper defense.

15. Criminal law @=>920—Eliciting of inadmis-
sible evidenco or failure to object to improp-
er argument held not such neglect of counsel

20. Witnesses @—222—Conversation between

husband and wife not necessarily inadmis-
sible,

There is no presumption that conversation
between husband and wife was private, so as
to be inadmissible, when the fact that it was

private, and not in the presence of others.
not shown,

21. Criminal law €=912'/.—Admission of evi-
dence, argument of counsel, or failure to give
charge, not ground for a new trial.

Admission of evidence on murder trial con-
cerning financial relations between defendant
and his wife, whom he married after the mur-
der, or argument of prosecuting officer based
thereon, or failure of judge to give specific
| charge regarding it, could have been made the

subject of exceptions and was not ground for
new trial.

ee

22. Criminal law =—698(1)—Evidence admit-
ted without exception entitled to probative
force.
Evidence to which no exception was taken
by defendant was entitled to its probative
force in any legitimate direction.

23. Homicide €=>260—View held within discre..
tion of court.

On murder trial, it was within court's dis-
cretion to permit jury to take view of the

place, where it was alleged the crime was com-
mitted.

24. Criminal law €=—651(2)—Purpose and
Scope of “view” stated.

as entitled defendant to new trial.

That evidence was admitted on examination
of witnesses by defendant’s counsel, which

When the jury takes a “view,” it goes to
place where main event involved occurred in
order that jurors may inspect land, building,
machine, or other crucial thing to enable them

€—>For other cases see same topic and KEY

-NUMBER in all Key-Numbered Digests and Indexes


(Ma

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page 301

veneficiary
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60 N. Y.
3Estate,
pel 912, af-
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ted in the
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ee Ee a a ee oe i ee
eT je ee Bt. eee ee ane
= ue a > Hen fue Om ow

DASCALAKIS, Paul (aka PAPPAS, Paul)
ow T-1h-1923.6

hee . oh Wie ae ne a> pes <P sit

Mass.) COMMONWEALTH v. DASCALAKIS 879
(137 N.E.)

(243 Mass. 519)
COMMONWEALTH v. DASCALAKIS.

(Supreme Judicial Court of Massachusetts.
Suffolk. Jan. 9, 1923.)

{. Criminal law @=-516—Statement In which
defendant denied guilt was not a “confession.”
A statement by defendant, in which he said
that he did not know who killed deceased. though
he admitted other facts from which inferences
might have been drawn by the jury, was not a
“confession,” which is an acknowledgment of
an offense.
[Ed. Note.—For other definitions, see Words
and Phrases, First and Second Series, Confes-
sion.]

2. Criminal law @==406(3)—Rule as to exclu-
sion, when not voluntary, inapplicable to dec-
laration not in nature of confession.

The rule which excludes a confession of
guilt by a defendant, when induced by fear of
personal injury or hope of personal benefit, is
not applicable to a declaration not in the na-
ture of a confession, though it may tend in con-
nection with other circumstances to prove
guilt.

3. Criminal law €-=531(1}—Confession to one
in authority presumed voluntary.

A confession made to a person in authority
is presumed to be voluntary, and one objecting
to its admission must show that it was made
because of threats or promises.

4. Criminal law ¢==406(2)—Warning to defend-
ant that statement would be used against
him not ambiguous, misleading, or improper.

A warning to defendant by a police officer,

before he made a statement, that he was under
arrest, charged with murder, and was not com-
pelled to make any statement, and that if he
did so he must do it voluntarily, fully under-
standing his rights, and that any statement he
made could be used either for or against him,
was not, as claimed, ambiguous, misleading, and
improper, but clearly and distinctly informed
defendant of his rights.

Exceptions from Superior Criminal Court,
Suffolk County; Patrick M. Keating, Judge.

Paul Dascalakis, otherwise called Paul
Pappas, was found guilty of murder in the
first degree, and he brings exceptions. DEx-
ceptions overruled.

Henry P. Fielding, Asst. Dist. Atty., of
Dorchester, for the Commonwealth.

John W. Schenck and Matthews, Williams
& Schenck, all of Boston, for defendant.

CARROLL, J. The defendant was indict-
ed for the murder of Alice Arseneault on De-
cember 26, 1919. At the trial of the defend-
ant in June, 1922, the jury returned a ver-
dict of guilty of murder in the first degree.

Alice Arseneault was the proprietor of a
lodging house at 517 Columbus avenue, Bos-
ton. In September, 1919, the defendant

came to her house as a lodger, and from that
date to the date of her disappearance “friend-
ly intimacy was observed between them.”
Between these dates one Arthur Pelletier
called upon Alice Arseneault. These visits
of Pelletier occasioned the disapproval of
the defendant, and according to the testi-
mony of a witness for the commonwealth,
the defendant stated on one occasion, when
Pelletier and the woman were together in a
room with the door closed, that some day
“he [the defendant] would get mad and kill
both Pelletier and Alice Arseneault.” On
or about December 25, 1919, she disappeared.

There was evidence that shortly after her
disappearance the defendant disposed of her
personal property, and on January 7, 1920,
sold the furniture of the lodging house for
$875. The bill of sale purported to bear the
signature of Alice Arseneault. On May 11,
1920, her body was found buried in an ash
pile in the cellar of the lodging house. There
were:'a number of stab wounds on the body,
and her throat was cut from ear to ear. The
defendant was apprehended in Montreal,
Canada, some months following the murder,
and later brought to police headquarters in
Boston, where he made a statement in the
presence of certain police officers, including
Capt. Ainsley C. Armstrong. Before doing so
he was warned of his rights by Capt. Arm-
strong, who said to him:

“You are now under arrest,‘charged with the
murder of Alice Arseneault. You are not
compelled to make any statement, if you make
a statement you do so voluntarily, fully under-
standing your rights, as any statement you
make can be used either for or against you in
court.”

The statement of the defendant, made to
the police officers, was admitted subject to
his exception. The sole question raised by
the defendant’s bill of exceptions relates to
the admission of this recital. The defend-
ant claims that the warning given him was
“ambiguous, misleading and improper,” and
that for this reason the,statement should
not have been admitted against him at the
trial.

[1] In this statement the defendant did
not admit his guilt. It was not a confession.
A confession is an acknowledgment of an
offense. He said that he did not know who
killed Alice Arseneault; that the last time
he saw her was on Christmas night, when
she was in the parlor with “two fellows”;
that he first learned of her death from a
newspaper account, which he saw in Akron,
Ohio. He related where he had lived since
Christmas, 1919, and admitted other facts,
not acknowledging guilt, from which admis-
sions inferences might have been drawn by
the jury.

[2] The statement of the defendant to the
police officers was clearly admissible against

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

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880 187 NORTHEASTERN REPORTER (Mass,

him and there was no error in the ruling of
the court on this point. The rule which ex-
cludes a confession of guilt by a defendant,
which he was induced to make through fear
of personal injury or hope of personal ben-
efit is not applicable to the declaration by a
defendant not in the nature of a confession,
although the declaration might tend, in con-
nection with other circumstances, to prove
his guilt. Commonwealth v. Piper, 120 Mass.
185, 188, 189.

[3,4] Even if the statement of the defend-
ant to the police officers while in custody
was in fact a confession of guilt, it was not
shown that he was induced to make the con-
fession through fear or hope of reward. A
confession made to a person in authority is
presumed to be voluntary; the one object-
ing to its admission must show that it was
made because of threats or promises. Com-
monwealth v. Szczepanek, 235 Mass. 411,
126 N. E. 847; Commonwealth y. Piper, su-
pra; Commonwealth v. Tuckerman, 10 Gray,
178, 190, 193. There was no evidence that
the statement of the defendant was made
through fear or because of promises of some
benefit. From all the evidence in the case
his declarations were shown to have been
freely and voluntarily made. He was told
that he was under arrest and charged with
the murder of Alice Arseneault, that he was
not compelled to make any statement and
that if he did so it was to be done voluntari-
ly, “understanding your rights, as any state-
ment you make can be used either for or

against you in court.” This preliminary
warning was not “ambiguous, misleading
and improper,” as the defendant claims. He
was clearly and distinctly informed of his
rights. He was not misled, and the warn-
ing given by the police captain was not im-
proper.

In Commonwealth v. Storti, 177 Mass. 339,
343-344, 58 N. E. 1021, the defendant was
on trial for murder. He made a confession
through an interpreter. According to the
interpreter’s testimony the defendant was
told, “What would be against him, that will
be brought in court against him, or in favor,
as it was,” and the court, speaking through
Chief Justice Holmes, said of the prelimi-
nary warning:

“We understand this to mean in imperfect
English that whatever was said would be used
in court, against the defendant if unfavorable,
or for him if favorable. It is hard to find an
inducement to make a confession or to say
things unfavorable to himself in these words.”

The principle of this case is applicable to
the case at bar. The statements of the de
fendant, whether favorable or unfavorable,
were in evidence. They were properly ad-
mitted. None of his legal rights were in-
vaded. He was fully advised that he could
remain silent, and if he spoke, his words
would be used “either for oragainst * * *
[him] in court.” There was no error in ad-
mitting the defendant’s statement,

Exceptions overruled.

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Dominion Immigration Bureau and asked
that an attempt be made to trace Pappas’
movements after he’d crossed the border.

Two days later Inspector Reginbald re-
ported back that his investigators had
learned that Pappas, who had oa criminal
record In Canada under the name of Paul
Dascalakis, recently had been living on
Notre Dame Street in Montreal under his
own name. But on that same day that
he had sent the letter signed Dascalakis
to his relative in the States, Pappas dis-
appeared from his rooming house and had
not been seen since.

The Canadian official added that a check
on the suspect’s movements since his ar-
rival in Montreal, nearly a year before, had
revealed that he’d bought a small store
near the rooming house in which he lived.
An employe of the store said Pappas had
disappeared the week before, without
leaving any word. This had not surprised
the employe, since Pappas frequently went
off for days or weeks at a time, leaving
the store in his charge.

It also had been learned that on the
previous December 14th, Pappas had mar-
ried a wealthy Montreal widow. He had
left her shortly before he bought his lit-
tle store.

A further light was thrown on Pappas’
latest’ disappearance when Inspector Re-
xinbald reported that it had been learned
the man had crossed the border into Cana-
da the year before, without Holng: through
the customary formalities. At the time
he'd been asked to cheek on the suspect,
the Immigration inspector related, other
agents already were investigating the man
and he had been instructed to appear at
a district office for an interview.

Reginbald told Inspector Dennessy that
the Canadian immigration authorities were
very anxious to locate Pappas and offered
to put a special agent on his trail. They
had an attractive young woman operator,
long familiar with the inhabitants of the
Greek colonies in the Dominion’s principal
cities,

“If anyone can run this man down, our
Miss Athenais certainly can,” Reginbald
promised.

During the two weeks following the re-
port from Inspector Reginbald, the Bos-
ton police were in almost daily contact
with Canadian officials. It was learned
that the woman operative for the Immi-
gration Bureau had learned with little
diMiculty the present whereabouts of the
suspect and was already keeping him un-
der constant surveillance. Early in the
second week she had managed to make his
acquaintance, posing as a recently widowed
woman of some wealth, who was consider-
ing the purchase of a boarding house.

On Saturday, May 7th, Inspector Den-
nessy received word that the Provincial
Police planned to close in on the suspect
the following morning. Miss Athenais
had arranged a rendezvous with him in a
LaSalle Road apartment house on the out-
skirts of Montreal.

Shortly before noon the next day two
Montreal detectives, Vincent Charette and
Malcolm MacGregor, watched outside the
suburban Verdun apartment house us the
girl agent arrived to keep her appoint-
ment, Twenty minutes after she entered
the building they saw a shade being low-
ered in a second-floor apartment. At this
signal, they rushed into the place.

As the two detectives approached the
apartment on the second floor the door

was quletly opened and the attractive,
dark-eyed girl slipped out and walked
quickly along the hall toward the elevators.
Before the man inside could shut the door
behind her, the detectives, with drawn
Huns, had entered the room,

“Put away your weapons,” Paul Pappas
said calmly. “I figured the girl was work-
ing for you Immigration people all the
time. I'll come along quietly. I've noth-
ing to fear, except maybe being sent back
to my beautiful native Greece.”

“Maybe, in a box,” Detective MacGregor
replied. He quickly slipped a pair of
handcuffs on the suspect's wrists.

A calculating glance came into the deep
black eyes of the swarthy man and his full,
sensuous lips parted. But he did not ask
the question that was on the tip of his
tongue. It was not until they reached
Montreal Police Headquarters that Pap-
pas was informed he was wanted back in
the States for a murder committed a year
and a half before.

It was midsummer before Pappas finally
was extradited to Massachusetts. In Sep-
tember he went on trial in Boston for the
slaying of Alice Arseneault. From the
time of his capture he continued stoutly
to proclaim his innocence, although ad-
mitting that he had known and been on
“very intimate’ terms with his former
landlady,

During the trial that) commenced on
September 12th, 1921, and lasted for less
than four days, Pappas sat silently ino the
courtroom, Tle refused to take the stand
in his own defense. A jury found him
guilly of murder in the first degree after
witnesses had identified him as the man
who had returned his victim’s piano, sold
her recently acquired house on Charles
Street, and later taken two ash-and-soot-
covered suits to a distant tailor for clean-
ing.

The date for his execution was set for
March 18th, 1922, but legal technicalities
brought several delays and it was not un-
til July, 1923, that Pappas finally paid for
his crime in the electric chair.

On the night before he died Paul Pap-
pas, still maintaining his complete inno-
cence of any wrongdoing, sat alone in his
death cell penning the following note:

“IT go from this world with my con-

science clear. I am an innocent man.
I want my brother to write to my sis-
ter and father in the old country and
tell them Iam going. ‘Tell them not
to cry. They, and all my friends, can
be proud of me because I am not dy-
ing a criminal. I am innocent. Let
ho one cry over my death. We are all
going to die sooner or later,”

Whether anyone cried over the man who,
motivated by greed and jealousy, brutally
murdered the pretty woman who had
loved and discarded him is not known.
It is recalled by officials, who worked long
and arduous months to bring him to jus-
lice, that he had no tears for the pretty
and perhaps too-generous victim of his
own violent passions. $¢0¢

Eprror’s Nore:

The names, George Langlois and
Mary Wood, as used in the foregoing
story, are not the real names of the
persons concerned, These persons have
been given fictitious names to protect
their identities.

BUY U. S. SAVINGS BONDS AND INVEST IN YOUR FUTURE

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A ST EV

CONVinSE, A bigail, white, hanged Northampton, Mass. vyuly 6.1788

4-25-1783. Springfield Mass. April 7. We hear-from Chester thet on Sundey afort- __
Liga! ket ee ea were night Q youn; Woman by the name of CONVERSE
delivered herself of a male ipastard child which to hide her misfortune trom
______ the. censures of the World, she murdered and deposited in a secret place. The
gee eae family in which she resided had tor some time previous to the Taking place
ee of this event been Suspicious that sie was tur advanced inher pregnancy.
But this she had ever denied in the most positive terms. However rising on
| | Sunday morning somevdhat later then ne usual time and her courttenance
Sy. bearing an aspect hich she had not heretotore discovered , the Suspicions
\ _ oF the ily now began to be stronger than ever whereupon they were led -
_. to-conjecture what had happened. A search was accordingly made and after
in aici: the child was Found rolled up in a bunch of tow and put in a bye.
t of the house. On this discovery being made She affirmed that the infant
Was Stillborn upon which a jury of Ie were summoned whe sat upon the
__ body and the pusport of their verdict sas that the child was born alive
____ but that she inhumanely smothered it — on which she confessed

the fact and ts now safe in custody. ta as “au is

vee he

-_ 512-1783 Northampton Mass. On Thursdex re before the Hon.dustices
—— of the oupreme Judicial Court at Northam on -
ane _. thetrial of - --- - Converse. forthe murder of her bastard ae 7
: After . Candid and impartial hearing , there being the clearest evidence of ==
-~——~ her having conmitted the fact, the jury ave in theie Verdict “WILFULL MURDER!”

sain She accordingly received serstence of DEATH. Several other ;
~———— oF high eriines such as morey-making, forgery , ef. Side nee

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160 SIMEON L. CROCKETT.

Sietonsnneruneeecereraunones seme ceteereccatcens SOO wee es,

Wiliam Andeows— ‘oustible, Made the arrest. Mound
Crockett in an Mphee room. Tle was sleeping ona straw
bed on the floor. His eout was Welt, and tis pantaloons
more so. He said ie hil been at the fire; sodid Russell.
Crockett acted as EP have kuown people act, when they
have pretended to be asleep, when Eve been aftes them.

Nephen U. Titeouh Saw Prooman and Crockett in
my father’s office. Preeman had shipped, and Crockett
Wanted to ship. ‘The crew was com A ley but my father
6tve hina reference to the owner of the vessel,

Willian Donnahue ~Boarded in the house. About ten
minutes before nine E went eut. Saw three men in part
of the building. PE looked to see what they were doing,

Went to see the engine company fill the cistern, When
Peame back, E saw ouly two men, They were sitting on
afog. ET told my brother that FE didut like the appearance
of the three men, and that they had better not go out for
fear of diflieulty,

After the examination of the preceding witness, Robert
CO. Winthrop, hyq. detivered the Opening argument in
behalf of the prisoner, at ihe close of which the witnesses
for the defence were called :

Ezekiel A. Culeman -Roarded at Mr. Rider's, the
first door in South-street Place, After twelye o'clock was
standing on the Steps of our house. An Irish Woman
came up making a noise. FE did not know what she
Meant. She kicked against an Irish hut right Opposite,
Mr. Smith and f went over fo see what was the matter,

re didl not know but some murder might have been com-
mitted down in the biz building. We found ont it was
fire she was talking about. | went down to the new
house where she ssid it was, Tt was in the cellar. It
Was thenas big asa peek measure. Me shavings were
nearly all consumed. and the fire had commenced rinning
Up the partition. Ut was the rerner cellar, on the south,
E went down the Meps.  Eawent further on toa door, but
it was fastened, and | Went to the west side and entered,

Went into the house. Lasked ove tnan for a bucket. |
SW some people: they had got the alarm at the time.
At the first right hand room, at the further door, saw a

SIMEON L. CROCKET?. - 16]

Sewees eee ssees MRO POP CARON 00 ne eecee conten Sec PP OR or tee enna eecees ot

man drunk, Thelped ont two that were so drunk that
they could not have vetout without help, ‘The fire was
direetly under the room Where we found the man drunk.
I heard no one halloo fire but the woman. I belong to
No. 20, and was one of the three men that helped draw
her out of the house.

Jmathan Jutkins—V ives in Monmouth. Twas ealled
Upon by Squire Codman [oue of Russell's counsel] tu say
what U knew of the character of Hiram D. Freeman [the
Witness.] Ff know Mreeman. He worked with me, and
about my neighborhood, from his boyhood. He worked
with ine a spell when he was about Hf. and then Again a
yearazo last spring. His general character is not to be
depended on for tenth and veracity, PE have heard a good
many say so. His parents are dead. He has lived some
with his uncles, till they wouldn't keep him any longer,
as Phave understood. He left me after he hac been a
month with me. fF did not think he used me right in
leaving me. I wanted him to stay as long as he agreed.
This was after his character was not good. | never had
any controversy with him. E told him he had not done
as he ought by me. When he eame to get employ of me
the second time, T said he might, if he'd behave as a
young man ought todo, | thought, as he had arrived to
rears of maturity, he would quit his boyish eondnet.
We used to call him Dexter. As I learnt the alphabet,
D stands for Dexter. My expenses and loss of time are
to be paid. Uma farmer, anc work at tanning. and keep

a tavern, and trade in eattle and other things some,

flenry A. Norris—Formerly lived in Monmouth. As
long agoas 1830, Freeman's reputation was questionable,
but as good as some of his neighbors, but could not Say it
Was as good as most of them. [| believe it was in IS} ]
noticed him particularly. ‘Phere was considerable talk
about him the time a dwelling-house was broken open.
He might have been eighteen years of ave then.

Samuel Bo Marston—Wave known Freeman since he
was considerable of a man, say three years. Have heard

it stated that his character was not very good. I have
l4*

SS ON an med

py

ee i ae YE

- vee? @
~~

1
.
;


156 SIMEON L. CROCKETT.

Sees eeee

We then all three started down south several rods,
where the ground was quite new. [South Cove lands.
Crockett said he'd go and touch it, and told Russell and
me to go and stand by the cooper’s shop till he came
back. We went up by the cooper's shop, and sat down
by a cart, within eight or ten feet of the corner of the
shop. Crockett went towards the house; was gone ten
minutes, and came back within a few rods of where we
were, and whistled. Russell then whistled. We then
went back to the wood-pile, all three of us. They laid
down by the wood-pile, and told me to lay down. UT did
not lay down. Esat down on a piece of wood. Russell
asked Crockett if he thought it would go. Crockett said
he thought it would. Russell asked Crockett what. there
avas there to set fire to. Crockett said, shavings, Russell
asked how many. Crockett said, two eart-loads. Before
this, Russell asked Crockett where he had set the fire.
Crockett said, in the cellar. ‘This conversation was while
they were lying down, Russell said he didu‘t believe it
would go Crockett said, Wait; ina minute you'll sce it
blaze. Both then started—went across in front of the
wood-pile, till they came to a building, or shed like:
whether it was the cooper's shop, E can't say. One of
them stopped at the building, and the other passed on
towards the house. E stopped by the wned-pils. They
told me to stand there till they came. 1 remained there
ten or fifteen minutes, and then heard a whistling down
south; E then looked round and saw Crockett coming.
He came up to me, and told me to sit down, or lay down.
Crockett kid down, or sat down, and said to me, that I
should see it go ina minute. Ina short time [saw a
light that way, and the fire blazed up at the house, and |
heard the women and children screeching. One of the
Frishinen cried fire, Crockett himehed me with his elbow
PE then said to Crockett, “Where, for God's sake. shall |
gor & Go,” says he; “why, go tothe fire.” Pett him
then. When they first communicated their intention. to
me, Pmeant by saying to them, © It's likely PE shall tel!
of it, shat t should tell. 1 said it would Jug them; that
it would not answer. LT think LT told them it’ would be a

SIMEON L. CROCK ETT, 157
oem ssae en ae  RE SOs se eees

hanging matter, Crockett said they Woull nt find it
: a a Separated, Ewen up Short Street and Sialic
= 2 a oh Went up north from the wood-pile, The
ple is at the bottom af Oliver Place, | hall
5 op and worked on CHING 2 Say Russell ct wink
geek a man whens ee ont
L ; i Mi] Cote the hes oral eeity,
Hie i Pesta: He Went to look fin “tae? F
Apes ~ iF i pity to the mayor.
feet of the mayor's house, buat wai yp chien.
—— | : s "could not leave his
Hess aithes ~ nee | Hest saw Veo Rice going sake
ae Shi a - im what Ff Wanted te male hoeown.
a ne aol, Amory Wits the pleope Fyaacan for DEbe? fen saree
© Went down to tie Cazine. Phere they. 1M
hide: chee Was the man te Wtorin.  Pssaye Me. Maumpast
fot eee ats aie him. Vee sand we notase
and keer. — Wedee enetie house, No. 20,
told Mr. Hammond that Chucho haa Mes Me tees
Walsteoat pocket, with the order ana The te
did Het go to the right: house first, The neve ‘cist i.
tried Was right. We went in, and E identified Rr “ll
and € rockett, and they were both taken to pul ee
Was in Boston about tive Years ae: came as ne: bi
boy. | staid in Bangor six days before | stile fi ‘fies.
ton the last time. Vve followed Cerin eld ia the
last season PE oworked at Milford. in’ the sinseotgiie.: My
uncle Freeman is chairman of the selectinen en
Cross sheng centage F

ther and mother died w
+e cubae W hen I
was about two years ol I have lived with my uncles

Since. LT worked in Monmouth with Captain Judkins
twice, Last season Eworkeda month : ddd hot stay with
him longer beeninse Pwas told | should not eet pee »: :
He peud for taking Up a suitof clothes for rae J al. ne
cloth. I was sued fora fast that] took sat tae aes
one took my hat from a Shelf and left another in its Hace
ih a store, The elork wlvised me to take the one left.
I du not know What beeame of the suit. Pnever paid for

eee ttt SOS OP Oe Rees eeneee


158 SIMEON L. CROCKETT.

it. Pwas sued for leaving aidan f agreed to live with,
aud gave him my note; it is not paid. FT yot a uniform,
and it is net an for yet. Dowas never errested for lar-
ceny. Twas once taken as a witness agaist a fellow I
was with, for house-breaking. Edad not hiew any thing
about it, and was net ordered fo appear as a witness
agtinst him. Eeame to Boston from Bangor in the
schooner Merchant, with Captam Reed. DP owas Loing
about the city two or three days before Powas discharged.
I think Ponee head Coption Reed talking about the nuiny
fires that diad happened. and there wis something sia
about the mayor's offerme: a reward, DP hiave no recollees
tion that Lever read the handbill offering a reward forthe
incendiaries,  Pnever saw Crockett OUP saw han at Pe
comb’s ofliee, Crockett tryed tne to vo te South Boston,
sos to be able to ge with him in the morning tose
about shipping. When Russell sand he would soon be up
to his house, Pthink be said something about going for
bread. One reason | did not Ke away was, that Russell
had a large stick under lus coat. He did not use the
stick in any threatenme atutude. Edid not think it best to
raise the alarm. Tdowt know that | ean flog both Crockett
and Russell together, | thought Mr. Crockett, from his
talk, was considerable smart. When LT said, W here, for
Giod’s sake, shall Evol L was frightened. LT thought f
had got into a bad scrape,

Sohn Hammond—Chine¢ cugineer of the Fire Depart.
ment. PE should think € arrived at the fire bent ten or fit:
tech minutes after twelve. ‘The fire was raving considera.
ble. and several engines there. No. 20 was there. "The fire
was subdued before the house was entirely burnt. When
the fire was about got under. Mr. Rice came to me and
introduced Freeman. and said Freeman knew who set
the house on fire. LE heard Freeman's story; told him he
heed not go inte particulars, Pb took Freeman, Me. War-
ren, Dr. Newell, and Carlton, members of the Fire De-
pirtinent, to South Boston. On the way. Freeman told
me to look in Crockett's pocket for matehes, and alse for
anorder, Freeman did not hit Npon the right house first.
He then went through a passage, und said that was the

SIMEON L. CROCKETT, 159

ee MEDEA AOS CBSO Fe Btes ceéee os
ete WOOT OO Ce B0es ceses sec eeseces SE he enc een ae ae

house. We knocked, anda mean tohE us Russell lived in
the other parte the house. We found Russet) in bed) in
the lower part, and Crockett in a | Up osturs. Bound the
matches in Crockett’s vest pocket, anda piece of sand.
‘ial The paper is sand to be teed to ignite the matehes,
“outnd the order of Mr. Titeombh there alse, | tied
Crockett, and ordered Russell ty he tied. They were
taken to jul We took Mreeman back te jail with us
and he was kept there to he UWitliess. Crockett said tits
had been at the fire. Precman rather declined going inte

: : b D >
the house till he Wits dressed Up a fire eu’s cap. He

seemed afraid they might have arms in the house, and
know him. About it week before the fire, Dr. Newell
and myself looked at the hore that was burnt. Tt eon.
tained frou: nineteen to Iwenty families, and from one
hundred to ene Thttndeed sed twenty individuals. We
thoueht it an unsafe house. Tt was of Wood, and could
hardly be said to be built, It was merely lightly put to-
gether. Freeman told me the same story, substantially,
ashe did at the Police Court. Hemade a fuller statement
at the court,

Thomas R. Warren —An assistant engineer, and lives
In South Boston. Captain Hammond said to me, he had
Aina who would tell who set the fire, Psaid, Mhat's the
very thing we want to knew. Captain Hammond told
Freeman to make a short Story oft. Disenised Freeman
asaficoman. PE then started thea and told Hanimond
Pd go and call constable Andrews. Freeman said he
could not tell where to find the house exaetly, as he had
only been there onee. He said he cane out of an alley,
Pthen told him PE knew the horse,

Faseith C*rlton ~Foreman of No. Bi). Introduced Mr.
Rice and Preeman te Cs  PPatmmend. fn cole Over ta
Sorthy PR ostany nites with Freeman. He seemed
ANNXIONS to know whether he could be harmed. t told
him he was inne Linger, and perhaps he might vet the
reward. Pde not remember whether he knew there had
been ‘ny reward offered. or not. fhe said he did hot ox.
peetoor wish any coward: that he had told beeause he
thought it was his duty.


e 7 B
162 SIMEON L. CROCKETT,

heard that he did not stand by his bargains in trade,
know Hothing more jn particular, other than that. |
knew Captain Judkins. I know nothing contrary to his
character, but whet itis fiatr,

franklin O, Wilsh ~Vouds a store in the city. Lived
in Monmouth four years age, Kuew Freeman there.
Used to meet hin in the street. His character from
several report was that of idle and indolent. As to his
character for truth, | curt say. It was not so geod as
young inen’s generally. DE think he was about sixteen,

IS bens connected with breaking open a Jwelline-honse
led toa general talk about his character,

Lavery Welsh. Weother of preceding Withess. Free.
bes Character for truth and veracity, E should think,
Wis Hotany better than it should be.- His character was
Hot so good as some,

N.Nihs Belones te Bangor. lave been acqlainted
With Corks lt a little more than three years, Never heard
Quy hits servinst fis character, exeept that he used to
take too much liguor. His disposition appeared to be
Rood, Some people used to think him simple. E should
think he was not a man Of courage, Wag sort of a
hartiless man.

George Carpenter-—Kruow Crockett in Penobscot
county, He worked about. the mills about fourteen
months. Never heard ay thing against him. He Wiis
rather a simple man: rither an inotlensive man: and
rather cowardly. Subject to habits of intemperance, but
tolerably attentive to his business.

The Preceding was all the evidence offered in behalf of
the prisoner. Mr. Rice was called by the Government to
testify to a conversation between Preeman and Mr. Cart.
ton, foreman of No. 20,

Rufus Rive he foreman of No. 20, told Freeman he
need be under no apprehension. Freeman said he ex-
pected no reward, bat thought it lobe his duty to give
the information, Mreeman did not say he had heard of
any rewired,

Mhavil Chree Montain of the CHY Watch, was then
called to corroborate Freeman, whose credibility had been

SIMEON L. Chockrrt, 163

Se ee ap ONO Cian eee ateniats Tse eeeaneeees UT hich came EE SAS Sees ten eene

tacked. Messrs. Winthrop and Blake Opposed his ex.
AMINATION, heeatice Caplin Case trad been Sting in the
rourt-house during the XU ON Of some of the pre-
ceding Withtesses, contrary to the order of the court, ex.
eluding all witnesses from the court excepting the one
under examination, The court overruled the objection,
hecattse cCaptun Case had not been present during the
OXTUMIUion of any withess whe hind testition pon the
point that he was te be Mlerresated ony ani he according.
ly took whe stand «— :

had Case 4 Went to the jail te see Wrissell, having
heard that he had formerly beow one of the city wateh. |
Saw Crockett, He said Nhe wets at the Wood pile al few
Minutes before dhe fire, wath Russell and Breeman. |
asked him how he Happened te be in Mreenan’s company
on the day of the fire. Crockett thet narrated the story
of his going to the Shipping offies, aud ty South Boston,
and going inte the house that was burnt and hom there
to the Wood: pile Te did not exphun why they were itt
the Wood-pile, but sad they were there afew IES
before the fire, Ee sui he did not set the fire, sumed dial
hot know any thing about at.

The closing Mreutnents of the respective comme) come
Meneed on Thursday morniny, and. i the banentace of
Chief justios Shaw, the whole COULOST or striate Wars,
Whether Freeman Were, or were not, entitled ty belief?
His honor, in the charge to the Jury. contined dims i
strictly to the mere declaring of the Livy peu thie ponies
raised inthe trial, Phe jury. after being ong Iwo hours,
returned with a verdict of Gl ITY,

Crockett had the daily visits and Prtyers of the Rey
t, “P; Taylor, and on the mreht betoye his CNCCULION,
between the hours of eleven aindteye Ocloch, le wrote the
following soleran wdonition, Which we SIVe aus Written
by himself, and handed Oo Mer. ‘Vaylor on the Mornin of
his CXeCutiOn. enelosed in the followin tote, + This may
Want some correcting, and if YOU WN to put ait inte print,
You hay the priveles to Correct and add what you pleas.”
Its thoueht best lo give it witheont Correction. or ultera.
tion, omitting a few lines only. What) comment shall


but you should hear them argue—”’

“What does this Pappas look like?”

“He is a big man, Inspector—large
and heavy like you. He is dark, with
black eyes and curly hair, and has
elegant, polished manners. Lots of
ladies like him. No, I don’t know
what kind of work he does for a
living.”

“Good enough!” Dennessey said,
highly pleased. “I want you to come
down to the morgue with me Sopu-
lus, and take a look at the body.”

Sopulus agreed, a sick look spread-
ing over his face. At the morgue, he
steeled himself to gaze fixedly at the
corpse, Then he turned away, mum-
bling to Dennessey that it was Mrs.
Arseneault! Several minutes later,
Sopulus said Mrs. Arseneault’s per-
fect teeth clinched any doubts he
might have had.

“When was the last time you saw
her?” Dennessey asked.

“The day before Christmas. I re-
member because the. day after
Christmas, I asked Paul Pappas how
Mrs. Arseneault was. He said she
was fine, and that she had left for
Canada to see her children and
would be away a long time.”

“A long time is right,” Dennessey
snapped.

’ With Paul Pappas a possible mur-
der suspect, Dennessey backtracked
in his investigation. He wanted
more facts about Mrs. Arseneault
and Paul Pappas, but Dennessey
could not find anyone who knew
about what went on between them.

Although the nature of Sopulus’
statements was suspicious, Dennes-
sey was not jumping at conclusions.
Supposing Mrs. Arseneault had
found someone else, and tried to get
rid of Paul Pappas by telling him
she was going to Canada? This line
of reasoning gave Dennessey a new
outlet through which a startling
possibility emerged.

If’ Mrs. Arseneault had found
someone else. ... Dennessey recalled
Sopulus’ statement of how Mrs. Ar-
seneault and Pappas. quarreled.
Without doubt, Paul Pappas had
been extremely jealous of Alice Ar-
seneault.

But Dennessey had still another
angle. There was Mrs. Arseneault’s
estranged husband. Where did he
fit into the story, if at all? Suppos-
ing the husband still loved his beau-
tiful wife and desired her? And from
past experience, Dennessey knew of
men who destroyed the most pre-
cious thing in their lives rather than
let somebody else have it. Was it
possible her husband could supply
the facts and the key to the riddle
of her death? Could he help?

Dennessey was convinced that
Mrs. Arseneault had been killed
some time between the late hours
of December 25th and the early
morning hours of the 26th. At this
stage of the investigation, there was
only one course open to Dennessey.
He had to find Paul Pappas and the
slain woman’s husband.

a * *

LINE-UP DETECTIVE CASES

VETURNING to headquarters,
Dennessey summoned detectives

of the Bureau of Criminal Investiga-

tion, issued orders to pick up Paul
‘Pappas for questioning and find out
everything they could about him.
Dennessey pointed out the Greek
colonies of Boston were not to be
overlooked.

Detectives were also assigned to
locate the slain woman’s husband.

In the course of the next few days
of intensive investigation, there were
several developments. Sergeant Car-
ey found the records which listed
Mrs. Arseneault’s boarder during her
tenure as owner of the house. They
were all questioned, and their in-

-formation proved that Mrs. Arse-

neault and Paul Pappas had spent a
lot of time together. Two of Mrs. Ar-
seneault’s boarders—Mrs. Helen To-
pal and John Lucas were still to be
located. Naturally, Dennessey was
anxious to locate them as soon as
possible. be

The following day, a break oc-
curred which had Dennessey on
edge. The husband of the slain wom-
an had been located and willingly
came to Boston where he was ques-
tioned by Dennessey, Superintendent
Crowley and Chief Inspector Mc-
Garr. Arseneault, grief-stricken, said
he’ would do anything to help.

“I met Alice in St. John, New

Brunswick, years ago,” he told them.
“We fell in love and were married.
We moved to Lynn, Massachusetts,
where I got a job. But we started to
quarrel. Alice left me after saying
she couldn’t stand it. There was

SHOCK—''No. no! It
can't be!" the woman
shrieked hysterically.

Pappas’ wife refused to
believe that her hus-
band was the _ killer.

FALSIFICATION—Pappas showed up

at the lawyer's office with written
authority to close the sale of
Alice Arseneault's rooming house.

nothing I could do to stop her. In
October of last year, I received a
letter from her which said she had
bought a house in Boston. Yes, I saw
her several times, but she acted very
cool toward me.”

Arseneault was plied with ques-
tions, which he answered honestly.
If there were other men in his wife’s
life, he had no idea who they were.
He had never heard of Paul Pappas.
Asked why he had not divorced his
wife. Arseneault said he had hoped
she might return to him some day.

* >? % s

HILE Arseneault was being

questioned; Dennessey had his
detectives tracing the man’s move-
ments on December 24, 25 and 26.
These investigations proved that he
was nowhere near Boston at the time
his wife had been murdered. There
was now no doubt that Arseneault
was absolutely innocent.

On top of this development, Ser-
geant McDonald located Mrs. Gussie
Colmer in Worcester, Massachusetts.
Dennessey sped to Worcester where
he questioned the woman. Mrs Col-
mer said she had answered an ad-
vertisement in a Boston morning
newspaper to buy a lodging house:
She had closed the deal in her law-
yer’s office where Mrs. Arseneault
was represented by a Mr. Paul Pap-
pas!

“Mr. Pappas had a bill of sale with
him,” Mrs. Colmer said, “with Mrs.
Arseneault’s signature, giving him
the authority to transact the deal.
I paid the required down payment

(Continued on page 58)


DASCALAKIS,

Paul, whi

SHE WAS A LUSH PRIZE, ALL RIGHT—
RICH AND RAVISHING—THE KIND OF WOMAN
A MAN WANTS TO SHARE WITH ~
NO ONE. ... BUT, ALAS, SHE WAS THE KIND OF
WOMAN WHO LIKED A LITTLE
VARIETY IN HER LIFE—
TO LEND THAT LITTLE EXTRA SPICE!

HE cellar was airless, heavy

with the odor of a distressing

foulness almost beyond de-

scription. A group of Boston
police officers fanned themselves
with newspapers and whatever they
could find as they watched Medical
Examiner Timothy A. Leary probe
at the body of the woman found un-
der tons of ashes heaped high in one
corner of the cellar.

The woman's body was in a hor-
rible state of decomposition, leaving
hardly any of her remains in @ rec-
ognizable state. The medical exam-
iner attributed this condition to the
damp and stuffy atmosphere of the
cellar. j

Finally, the medical examiner
stood up with a slow shake of. his
head. “Can’t tell a thing right now,”
he remarked. “Soon as I have the
body removed, I’ll perform the au-
topsy. However, of one thing I’m
certain. This woman has been dead
for many months. Murdered and bur-
jed under those .ashes.”

The police themseives then exam-
ined the corpse. Superintendent
Michael H. Crowley suddenly point-
ed to the woman's left hand. The
others, Inspector James A. Dennes-
sey, Chief Inspector John McGarr,

Captain John E. Driscoll and Ser-
geants William J. Carey and John
D. McDonald, crowded closer to look.

On the third finger of the dead
woman’s left hand was a gold wed-
ding band.

“That’s,something,” grunted Den-
nessey. “Maybe it will give us a clue
to her identification.”

But when the ring was removed
and carefully inspected, the officers
found no inscription whatsoever.

The police began to examine every
nook and cranny of the cellar in
their search for clues. The odorous
stench of ashes was located in the
darkest corner of the cellar and on
that spring day.of May 18th, a Pub-
lic Works’ truck with a crew had
been assigned by the City Health
Department to clean out-the cellar
which was part of a large boarding
house on Columbus Avenue in Bos-
ton’s notorious South End.

The crew, wondering at the source
of the nauseating stench, tackled
the pile of ashes to make a quick
job of it. Then, one of the men no-
ticed something that stood his hair
on end—the spectral hand of a
skeleton. He turned and yelled for
the' foreman. When the latter ar-
rived, he took one look and bolted

By L. J. MIDDLEMAN

<A ter
. es teas] %

» elec. Mass., Suffolk County) on July 1h, 1923.

19h9,

December,

4


‘Claimed any

|

INDIFFERENT—Alice listened dis-

interestedly as Pappas tore into a
jealous rage. After he was through,
she just rose and left the room.

up the stairs to notify the police.

Questioned by Inspector Dennes-
sey, the foreman and his crew dis-
further knowledge.
They had found the corpse, and
that was all there was to it.

The homicide detectives knew they
were confronted with a fiendish
murder as they examined the corpse
before its removal.

Then the entire cellar was combed
for clues. Even the remaining ashes
were carefully sifted. But nothing
turned up—nothing to give the po-
lice a lead as to the victim’s identity.

“J think we’ve got a tough one
this time,” Inspector Dennessey
mused. “If this woman’s murder
dates back months, then the killer

28

has a big jump on us. And ‘since she
was dressed in her underclothing,
we might assume she was a boarder
in t house. But maybe she wasn’t
a boarder! Maybe she was lured to

this house by the killer who killed
her in his room. Then the killer re-
moved her outer garments to make
identification impossible.”

After a short conference with
Superintendent Crowley and Chief
Inspector McGarr, Inspector Den-
nessey was assigned to handle the
murder investigation, with Ser-
geants McDonald and Carey as his
assistants. With nothing else to de-
mand his attention in the cellar, In-
spector Dennessey walked upstairs to
the first floor to talk with the owner
of the house, Petro Maldonis.

* * *

ALDONIS told Inspector Den-

nessey he had seen the corpse
in his cellar, but he had no idea
who it was. Maldonis added he lived
at another house he owned on Shaw-
mut Avenue. The agitated landlord
showed Inspector Dennessey sale
and transfer papers which revealed
that he~ had purchased the house
the end of January of that year from
a Mrs. Gussie Colmer. Maldonis had
no idea where police might find Mrs.
Colmer.

Inspector Dennessey looked spec-
ulatively at Maldonis. “If you don’t
know who this woman is, then how
do you explain her burial under your
ashes? You take care of your own
furnace, don’t you? Why didn’t you
remove the. ashes yourself?”

Maldonis’ answer came back quick-
ly: “No, no, Inspector. I do not know
who she is. You see, I didn’t put the
ashes there. They were in the cellar
when I bought the house. Then I de-
cided to get rid of the ashes. So I
called the Public Works Department,
and they sent down the men and
truck.”

Maldonis’ story seemed _ sincere
enough. After reminding Maldonis
that any information as to the for-
mer owner’s whereabouts would be

appreciated, Inspector Dennesey and ,

Sergeants McDonald and Carey
made their way down into the cellar.
Inspector Dennessey picked up a
fistful of ashes and placed them in
an envelope.

“A souvenir of the case, Inspec-
tor?” Sergeant. Carey asked.

“In a way,” Inspector Dennessey
replied enigmatically. “Well, let’s go.
I guess Leary will have some sort

of a report for us by now.”

Medical Examiner Leary did have
his report ready for Inspector Den-
nessey.

“This woman,” he told the Inspec-
tor, “was a beautiful brunette; a
woman who was probably very fas-
tidious about her appearance. For
instance, her teeth were in excellent
condition. I’d say she was around
thirty-five; height, five feet seven
inches and weight about 140. As for
the cause of death, her throat was
slit from ear to ear! A razor must

have been used, and with such fero-
city that it skewed clear across her
throat to the spinal.cord. Death was

instantaneous. She’s been dead for

at least three months.”

Inspector Dennessey hoped the
slain woman’s physical description
would eventually lead to her iden-
tification. But supposing the victim
had no friends in Boston? If she
had, then it was obvious none of
her friends missed her. Dennesey
wondered about this as he checked
the records of the Missing Persons
Bureau without finding a descrip-
tion which tallied with that of the
murder victim.

He was in anything but an opti-
mistic frame of mind when he re-
turned to the murder house on Co-
lumbus Avenue with Sergeants Mc-
Donald and Carey.

“We've got to find the woman who
sold the house to Maldonis,” Dennes-
sey said firmly. “Then «here are rec-
ords of the boarders—say, for the
last two or three years. I think the
clue to the slain woman’s identity is
right in this house! McDonald your
job is to locate the Colmer woman.
As for you, Carey, do your best to
get the house records of the board-
ers.”

On the ground floor of the mur-
der house was a store owned and
operated by Michael Sopulus. Den-
nessey found him to be a willing
talker. Sopulus said he had known
everybody who boarded at the house
for the last five years; also that he
had known four different proprietors
in that number of years.

This was more than Dennessey
had bargained for. Maybe Sopulus
could identify the slain woman. Den-
nessey eyed the man questioningly
as he recited a detailed physical de-
scription of the victim.

A gleam shone in Sopulus’ eyes.
“That sounds like Alice Arseneault,”
he exclaimed. “I had a feeling she
didn’t get along with that man.”

Dennessey’s eyes sharpened with
interest. “What kind of a woman
was this Alice Arseneault?” he asked
sharply. “Is the man you refer to
her husband? She was married, was-
n’t she?”

“Mrs. Arsenault,”. related Sopu-
lus, “was an attractive woman with
a flashing smile. She had beautiful
teeth. I think she had money, In-
spector. She was always dressed
nicely. Mrs. Arseneault owned the
house for about a year before she
sold it to Mrs. Colmer. Running the
house was too much work for Mrs.
Colmer so,. within two months, she
sold out to Maldonis. Mrs. Arseneault
was avery secretive woman, but she
hinted several times that she had

been married. She had separated.

from her husband because they
couldn't get along. No, I don’t know
where her husband is. The man I
mean wasn’t her husband. He’s a fel-
low countryman of mine, Paul Pap-
pas. He was with Mrs. Arseneault all
the time. They were in love, all right,

LINE-UP DETECTIVE CASES


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*“DORELL COMPANY

Vesey Bt., Dept. 2/0 A Mew Verh City 7

- Simpson,”

6369 De Longpre Ave.

he wouldn't get mixed up witn
Simpson for all the tea in China.
Then, in the several hours of in-
terrogation which followed, Harlan
was trapped in repeated lies and
contradictions. And then facts
poured from his unwilling lips...
Harlan told all—how he helped
Simpson escape from the Charles
Street jail; how he harbored Simp-
ep his home while the police
we looking for him as the miss-

/ing member of the Kilgallon mob.
And, in the interim, Simpson was

pulling stickups
Boston.

Then Harlan fyoze up. O'Connell
knew the ex-con had the dope he
wanted. But how could he get is?
In the meanwhile, D. A. Bishop is-
sued a warrant charging Harlan
with being an accessory after the
fact of murder. Even this drastic
move failed to unseal MHarlan’s
tongue. The next day, Tuesday, Har-
lan was held in lieu of $50,000 bail.

“Well,” O’Connell said to Bishop,
“it looks like Harlan is going to be
a tough nut to crack.”

Bishop nodded, remarked: ‘‘Don't
stew over it, Dan. We'll find a way
to make him talk.”

O'Connell suddenly snapped his
fingers. “I think I know how I can
get Harlan to talk,” he snapped

eagerly. “I’m going to see _ his
wife Seer

* * *
T was late that night when

O’Connell visited Harlan in his
cell. Without preamble, O'Connell
said: “Harlan, you’ve got a mighty
fine woman for a wife. She loves
you. And because she does, she told
me Simpson came to your house af-
ter the shooting, that you went out
together. Now! Where is Simpson?”

“An ex-con taxi driver is hiding
Harlan said. “He is
Hughie Gilbert.”

Gilbert was picked up by the
Boston police and brought to O’Con-
nell’s office. Gilbert was a parolee
from state’s prison, where he had
served part of a 20-to-30-year rap
for robbery and firing at an officer.
O’Connell laid his cards on the table.

“Yeah,” spat Gilbert. “I talk and
get it in the neck, huh? If I talk, it'll
be on one condition only. That I
talk straight to the D. A.”

He gave a unique reason why he
wanted to talk to the D. A. While he
was serving time for armed robbery,
a friend of Gilbert’s was arrested

_ for robbery and went on trial. And

Gilbert had committed this robbery
himself!

Gilbert, from prison, contacted
Bishop, confessed and proved with-
out doubt he had committed the
robbery, but after the D. A. had
promised Gilbert no additional sen-
tence would be added. The D, A.
had kept his promise in order to
free an innocent man. Gilbert felt
he owed Bishop something for his
kindness.

O’Connell got Bishop on the tele-

around Greater

phone ana explained the situauon to
him. Then he handed the telephone
to Gilbert, who talked for several
minutes with Bishop. Gilbert hung
up, faced O’Connell.

“Simpson is hiding at 407. Nepon-
set Avenue in Dorchester,” he
said.

The early morning of the 28th
found ten squad cars filled with
armed police blanketing the kill-
er’s lair in Dorchester. With Cap-
tain Stokes and a squad close be-
hind, O'Connell paused outside the
second-floor apartment where Simp-
son was hiding. Clutching his auto-
matic firmly, O’Connell launched
himself at the door—

With a crash it splintered open,
and O'Connell piled into the room
with the others back of him. Simp-
son had bounded up from the divan
where he had been sleeping, and
as he went for his gun O’Connell
was atop him.

And in a few minutes, the vicious
killer whimpered and moaned as he
was led downstairs and into a crui-
ser. Simpson was taken to the Cam-
bridge Relief Hospital for treat-
ment of his wounded shoulder, then

to the D. A.’s office, where he .

blurted: ;

“J shot ’em both! It was either
them or me. I was hot with the stolen
Olds and wanted for a jail-break
and robberies.” "

Margie Cobalt identified Simp-
son as the man who picked her up.
Officer Whelan identified him also.
Simpson was arraigned in the Wal-
tham District Court before Judge
P, Scarsfield Cunniff on a charge
of murder, held without bail after
pleading not guilty.

The following week Simpson was
indicted by the grand jury. The
bullet removed from Simpson’s
shoulder proved to be from the gun
of Officer Murphy. The bullets ex-~
tracted from Bell and Murphy were
fired from the gun taken from
Simpson at the time of his capture.
urphy died on September
, too’ namea Simpson as
his assailant/ Simpson was found
guilty by jyfry on ‘wo counts of
murder jand paid the extreme pen-
alty of death in the electric chair.

Margie Cobalt, the “joy-ride” girl,
was completely cleared and set free,

(The names Margie Cobalt, Steve
Harlan and Hughie Gilbert are fic-
titious to save innocent persons em-
barrassment. )

VARIETY IN LOVE IS

THE SPICE OF DEATH

(Continued from page 29)

and then signed promisory notes for
the balance. No, I never saw Mrs.
Arseneault. Mr. Pappas told me she
had gone to Canada. He was to join
her later, and they were to be mar-
ried.”

LINE-UP DETECTIVE CASES

“Did Mr. Pa
part of Canada:

“Why, yes,” |
“He said Mont)

The hunt for
newed. The de
this task workec
were thorough
public utility
labor unions a
checked.

Through a |}:
lead on Pappa.
was registered
Hotel Savoy o
Dennessey que:
who revealed t
his job there t
mas, December
where Pappas

Dennessey w
fied with the ci
which they |
What he want
dence which
court. He made
intendent Crow
tor McGarr.

“Here’s anot)
Dennessey,” Su
-pointed out. *
have been rob!
of Mrs. Arser
could easily hi:
ture on the bi

Dennessey Ss
be seen.

With newspé
der plenty of
his detectives
clues and infc
were carefully
majority of su
zled. A picturé
found among
sessions, and (
major police d
papers in Net

Expecting a
soon, Dennesst
detectives loce
and John Luc
ers.

Lucas was
last time I s
Mrs. Arseneau
early morning
was on my we
sitting in the
seneault was
couldn’t see }

pillow over it!
if Mrs. Arse:
breakfast, he
she was too:¢
Pappas said tl
tail party the
Dénnessey |
tion ‘slowly.
drunk on the
over her hea
tain Mrs. Ars
drunk when ]
that she wa
when Dennes:
pal he found |
as to the m
murder.
Jealousy!
“Christmas

LINE-UP DETKEC

» Nsusemux, Heasesind MELaveHl/n, &¥

~

MASP

Bars
Dicsiceid
The CLUE on Tl
Like pharttoms, a band of masked
desperadoes swept down on the
Waltham carbarns in the dead
of the night, looted the place,
murdered an old watchman—
and vanished. Then came a
mysterious voice onatelephone....
In this story, for the first time, are
revealed the real facts on the crime that
rocked Massachusetts. Clue by clue, it
takes you to a breath-taking climax!
_ By Captain
THOMAS E. BLIGH
; In Charge of Detective Bureau Abo
; P. cash
| Major General Alfred E. Foote, Massachusetts’ Com: Massachusetts State alse fees
| missioner of Public Safety, through whose personal As told to whil
ype rr detectives rounded up the notorious carbarn
dits in a series of spectacular before-dawn raids LOWELL AMES NORRIS
of the
; were so
T was just after midnight. Grim murder stalked Boston Sunday Herald nights v
| abroad. contente
| Over slippery, macadam roads, a high-powered au- expected on the last car. He gave the matter little thought nights v
tomobile was speeding toward Waltham, a small city because, almost instantly, the machine started up the street stars sh«
lying a few miles west of Boston. Inside, slouch caps with a burst of speed. For a moment or two the ‘dancing life—anx
pe pulled well down over set, determined faces, were five men, red tail light cut a grotesque course in the darkness, Pres- And n
Riding beside them was yet another passenger, a grisly ently, it, too, vanished into the night. . . . showed
specter who crouched unseen in the darkness—the. messen- James Ferneau trudged along. The ground was still wet Strange
ger of death, » although the rain had stopped some time before. The end of a!
Some miles distant, the lighted carbarns of the Middle- dampness or some chill premonition had gotten into the old The la
| sex and Boston Street Railway Company formed.a cheery man’s bones. Not that he complained. He never did. There
contrast to the wet and dripping Sunday morning of Oc-, was a fascination about his work, even if nothing exciting FERNI
tober 4th, 1925. In a short while, these Waltham carbarns \ ever happened. To be sure, there were times when some of the co
| were to figure in a sensational case—a tragic drama that | the men played pranks on him. They pretended to hold him Office. |
was to hold the stage for breath-taking months while law- up in some dark corner, and once—he had never forgotten it chatting
abiding citizens cast anxious eyes upon staunch old Massa- —they filled his lantern with water. On the whole though, morning
chusetts, they were good boys and he found no fault with them. Yet, as a mot
In the barns, as yet unaware of impending tragedy, un- moments came during the long, unéventful nights when he With o
knowing principals moved about their routine tasks, In the wished for excitement to vary the monotony of routine watchmar
lobby of the office building, Joseph R. Ellery, the night watchfulness. However, he never .carried a gun. There solved in
foreman, was waiting for the last car to come in. Upstairs riever seemed to be real need for such a measure. near a s\
in the.cashier’s cage, W. J. Main, acting night receiver, was The head
Wrapping up the day’s receipts in readiness for the bank ‘T'HE old watchman was a brave man but he did not go It was
messengers. Behind the decorative’ grilling of this cage about looking for trouble. Trouble came quickly Wingat
lay $1,500 in cash, ’ enough unsought. Besides, during these nights of vigil tory to »
Outside, James H. Ferneau, the 67-year-old watchman, there was plenty of time to think—to re-live memory por- greenish-b
, was making his nightly rounds. Just-as the old man. passed tions of his life which had been spent with his wife, who a pair o
a corner permitting an unobstructed view of the street, an slept while her husband worked; to ponder concerning his climb the
automobile stopped for an instant on the road nearby., Fer- son, a member of the West Newton Fire Department, who man paid
neau caught a vague glimpse of several faces peering into might at any moment be'called upon to risk life and limb manded a’
the carbarns. Perhaps those people were waiting for friends to protect some other person’s life and property. And there but some
22 =i 3 |
\ Ea it neneemenmaee

Nat Qetcalics
Leptrbe [72 7

te

bist

GEM
THIEVES

Thetboldest. most cun.

ning of New York's jewel
thieves were on the
prowl, with a half-million
dollars in gems already
bagged. Daring raids
left police baffled.
Packed with dramatic
situations and brilliant
detective work, this
authentic story presents
the amazing facts that
led to

Caging New York's

Cleverest Jewel Mob

You'll find it in the April issue of

Dynamic Detective

The new monthly magazine of
stories behind the headlines.

. Also

DEATH AT THE CAPE

Virginia's, Riddle of the Fatal
Wedding Present.

BLIND JUSTICE

A European crime classic in which
a blind charwoman turns sleuth to
find clues detectives cannot see.
And many others, each an outstand-
ing case of its kind. There’s no
room for a dull page in

On Sale sf
Ever where 10c¢

a Fx

my. 5

This spurred the unceasing: efforts of
the clemency committee, New appeals
bombarded the

from abroad. He held hearings at the
State House, Hundreds stormed the
capitol, Every argument summoned u

during months of tireless activity was ad-
vanced as reasons for clemency, ‘The
Governor withheld decision. :

Ten days before the date set for their
electrocution, John McLaughlin, Hein-
lein and Devereaux were moved to death
cells in Charlestown prison.

Heinlein and Devereaux had been re-
signed to their fate for ‘some months,
John McLaughlin embraced his religion
and kept a steady stream of touching let-
ters flowing from his cell to members of
his family. These were snapped up by
the press and relayed to a morbid public,
helping to crystallize sentiment against
capital punishment for the men,

Nith but a few days of life left to the
carbarn trio, members of the clemency
committee visited Attorney Douglas.

Pleas Scorned

“NZ OU can intercede wth the Governor

to save the lives of these men,” they
told him. “At least until after the trial
of Peter McLaughlin.”

The lawyer leaned back in his chair
and looked down his nose at the visitors.

“I'm sorry,” Douglas said. “But I have
a duty to my client. These men would
be hostile witnesses. Also, I could not
honestly ask the Governor for a respite.
Under no circumstances do I plan to use
the carbarn case at the trial of Peter!”

Known as a shrewd defender, this enig-
matical statement threw consternation
into the police camp. What defense was
Douglas planning? Or was it a bluff?

“We won't need those three men,” said
District Attorney Bushnell, “The state
has plenty of other witnesses.”

Douglas was bitterly criticized, and an
appeal was made to the mother of John
and Peter to force the lawyer’s hand,

The broken-hearted woman shook her
head.

“John must go to save Peter. I am
resigned to that.”

Governor Fuller failed to act and on the
morning of January 6, the state execu-
tioner took the lives of John J, McLaugh-
lin, Edward J. Heinlein and John Dever-
eaux,

The same.day Prosecutor Bushnell or-
dered Peter McLaughlin to trial during
the next month, but it was not until
March 21 that the defendant, publicly re-
ferred to as the “Man in the Green
Slicker,” finally heard his case called by
Judge Hugo Dubuque in East Cambridge
Superior Court. This was almost a year
after his capture in New York.

“Peter McLaughlin,” Bushnell declared
to the jury, “will be identified as the man
who wore the green slicker at the car-
barn. It will also be proved that the
handkerchief with which he masked his
eyes dropped down, giving the witness
an opportunity to identify him,”

Stenographer Donovan was put on the
stand to read Mclaughlin’s New York
statement. The story of his connection

with the Waltham crime thus was made

known for the first time. y
“Heinlein and I went to King’s house
at 10:40,” McLaughlin’s statement said.
“Devereaux came with us, ;
_ “Devereaux and I remained in the hall-
way while Heinlein went in and talked
with Mrs. King. Finally King came and
ve left the house. We went to the vil-
age.

Governor upon his return .

“T gave King Re green slicker because
it was raining, Also a .38 army revolver
ina holster, I kept a.32. Then King and
Heinlein went looking for a car,

“Devereaux and I went into a restau-
rant for something to cat,’ We came out
and stood in the doorway, Devereaux
started drinking from a bottle.

“Then King and Heinlein’ came back.
King said: ‘I couldn’t get the car.’ I
said: “This is a fine state of affairs. We’re
going out to rob a place, and Devereaux

‘is drunk and you can’t. get a car,’

“Devereaux said, ‘Don't make any more
cracks like that. I'll get you and I won't
miss this time!’ We had some more words
and I walked away. I said to Heinlein,
‘You can count me out of this.’

“Heinlein and Devereaux and King
then got into a taxi at 11:45 and drove
away. I went to Allston on a trolley and
went into the Auburn lunch, Then I
went to Bennett’s house at 1:45 a.m. We
used to go to Bennett’s house quite a lot
and hang out nights. f

“His wife was sitting in the: kitchen
and we talked. Bennett was there later
and at 2:30 Devereaux, Heinlein and King
came in, They had a pillow slip, which
they put on the table. It contained $1,361.

“Devereaux took out the bills and

started putting them in piles, He said to _

me, ‘Here’s yours,’ handing me $240, King
said, ‘He shouldn't get any. He wasn't
with us.’ Devereaux said, ‘Certainly he
should.’ .

“Devereaux gave King $200, Kin
was sore because I got more than he did.
Devereaux gave Heinlein $330 and kept
$330 himself. He counted out $150 and
said, ‘This ix for John McLaughlin,’ I
said, ‘John McLaughlin?’ He said, ‘Yes,
John McLaughlin—your brother!’ I said,
“Where is he?’ Devereaux said, ‘Out in
the car.’ Then he gave me the $150 for
John.

“When King first came into the room
he threw my slicker over a chair and put
the holster on the table. Heinlein col-
lected the guns and we left them at Ben-
nett’s, along with the coats.”

This dramatic repudiation of the stories
told at their trials by John McLaughlin,
Heinlein and Devereaux had a profound
effect on the spectators.

King’s Story Differs

HE state immediately set out to
brand these statements as false. It
called Peter V. King. The carbarn gang’s
chauffeur launched forth on a story at
variance with that of Peter Set atnhiia.
Heinlein, Devereaux and Peter Me-
Laughlin came to his home on October
3 and asked him to drive a car to Wor-
cester, he said. Reluctant to go, they
promised him $25,

Unable to borrow a car, King testified
he went to the Cambridge garage and
hired the Stutz. Then, picking up Peter
McLaughlin, Heinlein and Devereaux at
Brookline Center, the four went to John
McLaughlin’s house for him.

Peter McLaughlin, he swore, directed
his route to the Waltham carbarns, where
he was told to wait. He didn’t know-a
holdup was in progress until Peter Mc-
Laughlin and Heinlein came running out
with pistols.in their hands and handker-
chiefs knotted around their necks. Then
co McLaughlin came out, carrying a

ag. ?

Peter McLaughlin, according to King,
said, ‘“Where’s Devereaux?”

Heinlein, who was clambering into the
machine, answered, “I don't know, Ill
see,

80 Accxet No Sunstitures! Atways [naist on tHe Apvertisey Brann!

He returned in a
comes Devereaux :
McLaughlin was r:
“Forget Devereau

But Devereaux
and King was ord
nett’s house. On
stepped in front of

“Peter McLaug!
somebody will get
the cop,’” King t

Peter McLaugh!
March 28. A cro.
eagerly on his eve:
sized, dapper defen
part of a matinee i
tering monotone h
of participation in
killing.

He said New Y<
ened to give him th
“came through.” ‘|
was given under to
gree,” he declared.

Declares He

N A torrent of bit

mer friends and
liberately incriminz
planned attempt to
the chair.

“I didn't know w
ugainst me,” he dec
voice that reached
room, “but I do no

“Why, did they
them, if you were:
nell,

“I've learned,” M
they told that stor
King. They agree
the shooting of Fe
the actual robbery, :
first degree murder.
easier for King by)
guarding the getawa

ing, was inside, gu:
the holdup.” é

Peter V. King, a
man in the green sli
clared heatedly.

aker was mistak«
Laughlin added be.
look alike.

The defense dran
and McLaughlin in

“These men are t
the same complexi.
“They could easily
other.”

McLaughlin and 1
did look alike.

For King, howeve
only words of conte:
= “He sold out the

He even sent a wo:
police to collect the :

Detective Sherlock.
the courtroom, looke:
committally ahead.

With an abruptnes
followers of criminal 1
Douglas brought. th
McLaughlin to a clos

In rebuttal, King «
worn the green slick
branded as false Mel.
he came along to th:
morning of October <

Then, on March 31.
summation, an impass
which demanded not
solute acquittal for ]:

Dominating one of
scenes ever staged in
the lawyer staked hi


cause
olver
zand

stau-
e out
‘eaux

back.
r’ I
Ve’re
eaux

more
von't
‘ords
ein,

King
lrove
and
en 1
We
a lot

chen
later
King
thich
1,301,

and
id to
King
asn't
y he

King
» did.
kept
' and
1’ -[
‘Yes,
said,
ut in
0 for

‘oom
1 put

col-
Ben-

ories
thlin,
ound

TE ye SCR Spe CHIEN RR TRE ahd

‘He returned ina minute, saying, “Here
comes Devereaux now.” To which Peter

. McLaughlin was reputed to have replied,

“Forget Devereaux—go ahead!”

But Devercaux swung himself aboard
and King was ordered to drive to Ben-
nett’s house. On the way a policeman
stepped in front of the car.

“Peter McLaughlin said, ‘Step on it or
somebody will get bumped off—you or
the cop,’” King testified.

Peter McLaughlin took the stand on
March 28. A crowded courtroom hung
eagerly on his every word. The middle-
sized, dapper defendant looked more the
part of a matinee idol. In an icy, unfal-
tering monotone he repeated his denial
of participation in the robbery and the
killing.

He said New York police had threat-
ened to give him the “business” unless he
“came through.” The atory he told there
was given under torture of the “third de-
gree,” he declared.

Declares Ho Is “Framed”

N A torrent of bitterness he said his for-

mer friends and his own brother ‘de-
liberately incriminated him in a coolly-
planned attempt to save themselves from
the chair.

“I didn’t know why they said all that
against me,” he declared in a low-pitched
voice that reached every corner of the
room, “but I do now.”

“Why did they say you were with
rom i if you weren't?” persisted Bush-
nell,

“T've learned,” McLaughlin said, “that
they told that story in a bargain with
King. They agreed if King would say
the shooting of Ferneau occurred after
the actual robbery, so that it wouldn’t be
first degree murder, they would make it
easicr for King by testifying he was
guarding the getaway car and that I, not
King, was inside, gun in hand, assisting in
the holdup.”

Peter V. King, and not he, was the
man in the green slicker, McLaughlin de-
clared heatedly.

Baker was mistaken in his identity, Me-
Laughlin added because he and King
look alike.

The defense dramatically lined King
and McLaughlin in front of the jury.

“These men are the same height and
the same complexion,” said Douglas.
“They could easily be mistaken for each
other.”

McLaughlin and King, the jury saw,
did look alike.

For King, however, McLaughlin had
only words of contempt.

“He sold out the gang.” he declared.
“He even sent a woman relative to the
police to collect the $1,000 reward.”

Detective Sherlock, seated in front of
the courtroom, looked blandly and. non-
committally ahead.

With an abruptness that startled old

' followers of criminal procedure, Attorney

Douglas brought the defense of Peter
McLaughlin to a close.

In rebuttal, King denied he had ever
worn the green slicker. Bennett's wife
branded as false McLaughlin’s story that
he came along to the apartment on the
morning of October 4.

Then, on March 31, Douglas began his
summation, an impassioned five-hour plea
which demanded nothing Jess than ab-
solute acquittal for Peter J. McLaughlin,

Dominating one of the most dramatic
scenes ever staged in a court in the state,
the lawyer staked his client’s life on a

Wriex Answertno ApverTiseMeNts, Puease Mention Marcu Startiina Derreetive AnventeRns

gr

BELT PRT ea oe

inan-to-man comparison of McLaughlin,

the defendant, and Peter V. King, his

chief accuser—the former: admittedly a

“gang-leader,” a “gunman” and a “mas-

ter mind of the underworld; ;” the latter a

ote my a, “stoolpigeon,” a “weakling” and
jar.’

“Peter McLaughlin,” Douglas told the
jury, “has proved himself a cold and un-
emotional criminal, the sort of bandit who
would most certainly do just what he says
he did—refuse to accompany a robber
gang that included a drunken and half-
crazed member,

“Is it remotely credible,” he demanded,
“that a stolid, cold-blooded bandit. of
MeLaughlin’s type would suggest Icav-
inw a pal to certain arrest at the scene o
a crime, knowing such an arrest would
surely lead to the apprehension and pun-
ishment of the gang?

Baker he condemned as a “Judas who
would swear away a man’s life for a wit-
ness fee.”

Through an entire court day he drove
home to the wry. 8 minds the contention
that Peter ing and not Peter Mc-
Laughlin was the man in the green
slicker.

Then, when he believed he had them
convinced, he left the thought there. A
baffled jury retired only partly convinced
that McLaughlin had no more to do with
the case than he admitted.

Some of the state's witnesses had failed
to identify him,
not too convincingly. The whole case
rested on the veracity of King. Three men
who could have left no doubts with the
jury had died in the chair.

Makes Final Plea

"I AM asking that McLaughlin be tried
for one thing here now and one thing
only, the crime of murder,” Douglas had
roared at the jurors. “I’m asking that if
you find the evidence insufficient to doom
a man to death, you return a verdict of
‘not guilty.’ ”

On the first ballot four jurors voted
for McLaughlin’s acquittal. Then, after
hours of futile deliberation, they asked
that the judge be summoned to clarify
his charge.

This done, and after wrangling all
night, the jury declared itself ready to
report its verdict at 10:12 on the morning
of April 1.

“What is your verdict?” queried the
clerk.

A hush like death fell over the court-
room,

“Guilty!” said the foreman.

McLaughlin never blinked; Douglas
seemed stunned.

“Guilty of what?” queried Judge Du-
buque.

The foreman looked sheepish,

“Second degree murder,” was his mum-
bled response.

Douglas bounded to his feet with a cry
of elation. He rushed around the table
to confer with McLaughlin. Then he
addressed the court.

“The defense waives exceptions,” he
said. “I don’t want my client subjected
to further tria] on charges of being an
accessory before and after the fact of
murder. We will accept the verdict.”

The verdict was life.

A few weeks after McLaughlin started
his sentence the chauffeur, who had spent
a year anda half in jail, was sct free. His
testimony had sent three men to the
chair, another to prison for life. A grate-
ful state was just paying off a debt.

One of them had, but’

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, are
that

e, it

ax!

le thought
the street
ie ‘dancing
less, Pres-

is still wet
ore. The
ito the old
did. There
1g exciting
en some of
> hold him
orgotten it
le though,
them. Yet,
<s when he
of routine
un. There

did not go
ie quickly
s of vigil
smory por-
wife, who
cerning his
tment, who
2 and limb
And there

(Boston Herald)

Above is a view of the carbarns which figured in the sensational hold-up and murder. Figure 1 designates the room where the

cashier was forced to turn over the company’s cash, Figure 2 shows the lobby entrance where employees were commanded to lie

face downward on the floor while one of their co-workets was brutally slaughtered. Figure 3 depicts where the desperadoes hid

while donning their masks. The upper path drawn by the artist reveals the route the marauders took when they entered the
‘ carbarns, while the lower path indicates how they made their getaway

"were so many other things to think about. On summer

nights when the moon was full and the air indolent with
contented insect noises, ,he re-lived his youth; on cold
nights when the thermometer hovered near zero and the
stars shone close to the earth there came many thoughts of
life—and death.

And now these latter thoughts returned as a star or two
showed for a brief instant through the scudding clouds.
Strange thing, death, he reflected as he walked along. The
end of all things or the beginning? He shivered.

The last car had come in.

ERNEAU caught a hasty glimpse of William P. ‘Baker,

the conductor, as he climbed the stairs to. the cashier’s'
office. Inside the lobby, the night foreman—Ellery—was
chatting with Osborn Wingate, a milkman on his early
morning deliveries and once in the employ of the company
as a motorman.

With oil lantern grasped by fingers none too firm, the old
watchman trudged off along a dimly lighted path that dis-
solved into the blackness just as an automobile stopped
neat a switch several hundred yards from the carbarns.
The headlights were dimmed. Four men stepped out... .
_ It was nearly half past one.

Wingate started to leave as Ellery turned into the lava-
tory to wash up. A man wearing a green topcoat and a-

greenish-blue cap—pulled down until it all but concealed ‘

a pair of horned glasses—walked: past and started to
climb the stairs leading to the cashier’s office. The. milk-
man paid him little heed. It was late and his route de-
manded attention. The well-lighted lobby seemed deserted
but some sixth sense warned Wingate that he and the mys-

terious stranger were not alone. At the same instant, three

‘men ducked behind the street cars standing on track three

and four. Wingate paused. Suddenly, faces masked, guns
held in gloved hands, two of these intruders sprang out
from concealment upon the astonished milkman.

“Put up your hands!”

Wingate obeyed. Out of the corner of his eye he saw
another masked man climbing the cashier’s stairs where ‘the
first man seemed to. be adjusting something about his head.
The two bandits covering Wingate held a hasty, whispered
conversation. One of them joined the two men standing
outside the cashier’s office. ;

“Come on now! Snap out of it!” growled the remaining
bandit. “Walk over there—and make it snappy!” He ges-
tured with his gun towards a semi-enclosure under the stairs.
“Flop on your face!” he ordered as Wingate moved quickly
ovet to the spot in question. “If there’s a peep out of you,
you'll die sure as hell!”

Wingate tumbled on his face and lay there, breathless.

FiLLERY appeared, carrying a milk bottle in one hand.
Quick as a flash the bandit covering Wingate turned,
gun ready for action. Ellery started in surprise. The milk

. bottle slipped from relaxed fingers and crashed on the floor.

“Come on!” rasped the robber. “You stick ’em up, too!”
‘The foreman, grumbling, took his place beside Wingate
on the floor.

Upstairs could be heard the bustle of subdued activity.

Time passed. To Ellery and Wingate it seemed like
hours, -In reality it was only seconds.

“Say youse. guys——” The two men looked up and then
ducked back into their uncomfortable positions as the gun

23

revolver
ice cried

yad been
zrotesque

He was
je swung
itern was
pped and
2yes tem-
adjusting

jead. To
cing spots
:k of one
could see
d already
vas deaf.
iis home—
over him.
yards os 5
\ spurt of
staggered.
of searing
» hand still
lips.

‘rrified gasps.
y figure ap-
ead question-
at it was all

ise now. Fer-
The upraised
the helpless
in and again.

2 drip-drip of

still held by
yond, in the
id man’s pipe

sa

sensed had happened. ‘The bandit re-
ot hilt,

. dead men,” the thugs shouted as they

-Then came. the staccato roar of a racing

The Clue on Track Number 7 25

Wingate and Ellery remained in their
positions silent—aghast at what they

appeared, holding a gun with a broken

“All right, Dutch,” he called, “to hell
with the change; take the bills.”

The two prisoners for the first time
got a good look at the gun. They turned
aside with sickened eyes. The broken
bilt was dripping blood.

_ Upstairs, the bandits ceased opera-
tions at the call of their lookout.

“All right,” one of them shouted back.
The man with the pillow-case started for
the door, protected by the guns of his
two confederates,

“YOU'RE covered for five minutes,”
Main and Baker were told. “Make
a single. move before then and you're

rushed: through the door and down the
stairs, where they repeated the warning
to Ellery and. Wingate. The four ban-
dits ran down the yard and out of sight.

motor.

Wingate and Ellery rushed to the
street in time to see the fleeing bandit
car. Upstairs, Main and Baker sprang
to the private telephone which had es-
caped molestation.. In an instant
they were connected with
Sergeant Samuel E.,

Walker of the Wal- ye

tham Police De- Pa seks P
Po ‘are four
partment. sy aon who
ws - were involved in the
a » tragic drama at the car-
(“A “a barns of the Middlesex and
Ae Boston Street Railway Com: y
65 «5. at Waltham, Massachusetts. fre! t

Full
@ to Right), Edward J. Heinlein, John
Z, J. (Stump) McLatghlin, John J.
7 } Devereaux and Peter King. The lat-
T 4 ter turned State’s evidence at the trial
f and sent his pals to the electric chair

“Hell’s broken loose over here!” Walker was told. “We've
been robbed and God knows what else has happened!”

In the black hours of early morming, a huge car was
traveling at high speed toward Weston, some five miles dis-
tant from Waltham, Five men were inside. The specter
which had accompanied them on the way out lingered be-
side the form of James Ferneau, lying in a heap outside
number two barn.

On, on, on drove the big dark car—on past homes where
honest persons slept, on past unsuspecting police Officers ;

on, on, on through the night, finally doubling back on its.

trail past Norumbega Park in Auburndale, through Newton
and onto Commonwealth Avenue leading into Boston.

“By the way,” said one of the men, casually, as he tossed —

‘a gun into the lap of one of his comrades—a gun: from
which the black gutta-percha hand gtips were missing—“I
guess I’ll have to buy you a new rod.”

The alarm had hardly been sounded before members of :

the Waltham Police Department made their appearance at

the carbarns. The excited principals of the hold-up and °

robbery told their story. The police scattered for a search
of the grounds.

Lying in a pool of blood, the unconscious form of James.

Ferneau was discovered in. the lee of number two -barn.

'. The bandits had covered their tracks well.

His lighted lantern was still grasped tightly in one gnarled
hand while his pipe, not yet cold, lay beside him where it

‘had fallen.

The bandit bullet had penetrated the. watchman’s knee,

. going clean through. There were deep lacerations on his

head where he had been struck repeatedly by a blunt instru-
ment. Ferneau was immediately rushed to the Waltham
City Hospital in the police ambulance, but help had come
too late. He died a short time after arrival.

Except for
a slicker dropped in flight, they left few traces behind. An
employee of a garage across the street told of a huge, dark-

- colored car that he had noticed standing in the carbarn

yard when he drove out of his own garage a few moments
before the hold-up. He said that the motor was running,
although the lights were out. Not suspecting anything was
wrong he did not stop to investigate. When he returned
sometime later he saw that the car was gone.

T HERE was a rumor that the bandits had fled toward
Lincoln and Concord. The police set out in pursuit, only
to learn a little later that a car answering the description of
the one thought to be driven by the robbers had been seen
traveling at a furious pace toward Boston. Ernest McGili-
vary, living on Upper Main Street, Waltham, told the police
that a big, dark-colored sedan turned around near his home
just after the robbery and then drove back toward the car-
barns. - The police were baffled, yet the man-hunt con-
tinued unabated. There was a deep undercurrent of feel-
ing against these thugs who had been responsible for the
death of this unarmed and defenseless old:man. Back at

the carbarns, police officials managed to get considerable

information concerning the appearance of the desperadoes
and the following descriptions. were broadcast:

No. .1.—Five feet, 11 inches tall; 170 pounds; wear-
ing. horned glasses; dark eyes;. wearing a blue-green
’ ¢ap and’a green topcoat.

d a flurry
sy the in-

ll of these
shorty the
ell known
nts of this
the scenes
ed, bossed
icking and

ong in suse
was weak-
ied out by
) their va-'
m_ bandits
- a “good”
because it
makes the
spinion, the
ossessed an

»

re working
hough they

D against a
in handling
lice Depart-
it of Police
all garages
ly scrutinize
amining the
or signs of
les and the

out in Cam-
ghlight that
one call was
the carbarn
1 of the city.
eserves, guns
atrol wagon
iderably un-
e support of

s. “Give me
ic—bandit.”
he story.
oloyee of the
reet car com-
any, picked
> a_ small,
iis-shapen
iece of lead
ear track
umber seven
1 the car-
arns. Tbe
iny pellet
‘as. = scored

John J.
McLaughlin,
leader of the
murdering
plunderers,
who left a wife
and two chil-
dren behind
when he went
to the chair

The Clue on Track Number t.

with four distinct markings. These facts we kept. secret.
Here was a very important discovery.
As yet no important arrests had been made, although

many persons with previous records were caught in the,

vast police net that had been spread throfighout the entire
State; but it was self-evident that these men and women
were ignorant of any basic facts concerning the Waltham
job and they were subsequently released.

Out at 120 Cresent Street, West Newton, the simple fu-

neral of James’ Ferneau, the aged watchman was held. The
funeral Served to increase public feeling against the as yet
unidentified bandits. “

However, sensational events were in the making and now.

comes a part of the story which has never been fully told—
a part of the story concerning the capture of these criminals
that even now cannot be revealed in its entirety for human
lives are still at stake. Perhaps it is just as well that this

is so; some of the inside ways by which we get information ©

should not be exploited. :
- Unknown even to the newspapermen, Detectives O'Neil
and Sherlock had gone straight into the darkest recesses of
the underworld to. pry loose facts concerning the identity
of. the fiends who killed an old man to get a few hundred
dollars. Certain forces were put in motion; certain pressure
was brought to bear. The State Police, together with the
aid and assistance of other police departments, were slowly

but surely closing in on their quarry. All we had to do was

to wait.

N the Tuesday night following the robbery the tele-
phone rang in the. District Attorney’s office shortly af-

ter 7 o'clock. A carefully disguised voice on the other end

asked: '

“Is this the District Attorney’s office?” .

An affirmative answer was given.

“Never mind who | am,” the voice continued,
reward for the carbarn bandits on the level?” Another
affirmative answer. “Well, then,” the mysterious voice
went on, “if I give youse guys the inside dope onthe car-
barn croaking, how do I know you won't spill the dope and
] get bumped. off?” :

The voice was assured that every possible means’ would
be taken to protect identity; that the matter would be
handled in such a confidential manner that not even the
name of the owner of the voice would appear on any ac-
cessible record, The voice seemed satisfied. Before ‘the
connection was severed, an interview was arranged between
the informant and Detectives O’Neil and Sherlock.

“Ts that

During the conference with the informant the names and

addresses of six men were revealed, together with other. in-
formation which eine
left no doubt as
to its authenti-
city. Later, Dis-
trict. Attorney
Reading admit-.
ted that the in-
formation thus
received was the
most -reliable and
detailed that had
ever been given

Peter McLaugh-
lin, who slipped
through the
police dragnet,
only to be ma
tured later
New York —

six hours after that

_- even to the extent of
- shooting it out with us,

him in a criminal mys- .
tery,

- Acting upon this tip-
ster information I went
at once into conference
with the police lieuten-
ant at Station Four-
teen of the Boston Po-
lice Department in the
Brighton-Allston _dis-
trict. Our case was
complete. There was
no time to be lost.

It was | o'clock on
the morning of Wed-
nesday, October 7th.
Out in Allston—a part
of Boston-—on a silent,
deserted street, deter-
mined police officers
were secretly gathering,

fateful tipster message,
to arrest the six men,
alleged to be impli-
cated in the Waltham
job.

The names of all
these men. were more
or less known to the
police, It was thought
that most of them
would _ resist arrest,

The sleuths expected trouble in

capturing Heinlein (above)—be-

cause he was known as a crack
man with the “rod”

if. necessary. So we
went prepared. In the
police cars were rifles
and riot guns, All of us were careful to bring our own

guns with us. We expected a tough “reception.”

Gathered in the raiding party in addition to myself
were’ Detectives Sherlock, O’Neil, Michael Fleming and
Joseph Ferarri, of the State Police; Inspectors Tracy and
Lyons, of the Waltham Police, and Sergeants Murphy and
Merchant, Officers McCollen and Taylor of Station Four-

teen of the Boston Police Department.

UIETLY, so as not to arouse suspicion or excite curi-
osity, an apartment house at 72 Gardner Street was sur-
rounded, Here John J. Devereaux, one of the alleged sus-

“pects, occupied an apartment on the third floor. Armed

men made their way to the rear of the building, cutting off
all possible avenues of escape. The trap was ready to be

_ Sprung.

Guns drawn, we slipped through the open, outside door,
opened the inside door with a master key and crept up
the stairs. The house was deathly still. Not a noise was

- . to be heard but the sound of our own breathing. Outside
- the door leading into Devereaux’s apartment we hesitated.

One of us rapped sharply on the door. The echoes rang
through ‘the corridor. A brief instant, and we rapped
again. The raid was on! We stood still, waiting, axes
ready to crash in if necessary.

The door swung slowly open. There was a tense sus-

_-pense. A woman’s head appeared in the doorway. It
‘was Devereaux’s mother,

“What do you want?” she asked,
“ “We're police officers—and we-have come for your son.

‘Where is her”. ~s

“In bed,” the mother replied, very surprised. -Pushing
past the woman, we went down the hallway, pausing by
the suspect’s darkened room. Somebody turned on a
flashlight. Lying on the bed were two men... They


—

a

24 The Master Detective

in the gloved hand moved forward with menacing sugges-
tiveness. An automobile passed, outside. The robber
cringed, then nervously glanced about, his furtive. eyes
scanning the empty street. “Anybody else around here?

“Yes,” Ellery is alleged to have replied. “Ferneau, the
night watchman. The bandit’s eyes glowed red; the two
prisoners were forgotten for the moment.

“Is that so!” he growled, “Well, I'll attend to that bozo.”
The desperado backed out of sight, gun still pointing at the
two men on the floor. The prisoners heard his footsteps re-
treating in the darkness, but were too scared to move.

Upstairs, Baker, the conductor, having made the cash re-
turns of his trip, rose from his seat near one of the desks

‘where he had been chatting with Main, and walked toward

the door. Somebody, outside, fumbled with the knob. The
door was kicked open. A masked man, standing on the
threshold, pushed a gun against Baker’s stomach.

“Stick ’em up!” ;

“Cut it out,” said Baker, thinking the stick-up was a
practical joke. “Get out of my way; I’m in a hurty.”

“This ain’t no joke!” the robber replied, gun jabbing the
conductor's side. “Stick’em up!”

Baker’s hands shot skyward; the bandit turned his atten-
tion to Main. ’

“Say, you—you stick ’em up, too!”

A second man, masked and armed with a long-barreled
revolver, appeared in the doorway. Behind him was a
third man—masked, unarmed and carrying a white bag.

The first bandit stuck his gun through the cashier’s grating
while the second held the conductor at bay. Everything
seemed carefully pre-arranged. While both employees
stood helpless, the third bandit, walking over to the tele-
phone, seized the instrument, wrecking it completely and
tearing the wires from the wall. aa §

“Come on now,” growled the man covering Main. “Open
that door so we can get the jack.”

Main hesitated a fraction of a second. There was a tiny
click as the hammer of the gun went back under the de-
termined finger of the tall, thin robber whose horned glasses
showed above the handkerchief which masked him. Main

‘threw open the cage. Baker and the cashier were then care-

fully herded to the rear. The work of rifling commenced.

[NSIDE the opened money 6 the umarmed. bandit

scooped up the change and bills lying on the table, stuffing
the loot into the white, baggy pillow-slip. Then,, forcing
open the money drawer, he cleaned it out. There was a
noise outside. He listened a minute; no warning signal
coming, he continued his work with renewed haste, spilling
some of the money envelopes onto the floor as he continued
to stuff his pillow-case with thé loot.

Disregarding a locked drawer—later discovered to con-
tain considerable currency—he crossed to one of the safes
which stood open and emptied that. Then he turned to
another safe, the door of which was closed. As his gloved

hands fumbled with the combination, a muffled revolver

shot shattered the early morning stillness. A voice cried ‘
‘out in mortal agony: | sd
“My God! Ob my God!” app
Outside in the dampness, the old watchman had been ave
keeping his vigil. The lighted lantern made grotesque a
shadow patches ahead, but Ferneau didn’t mind. He was wit
used to the loneliness that comes after midnight. He swung Tl
along his accustomed route. The wick in his lantern was ~
burning low. In the lee of barn number two he stopped and ec 4
turned it higher. Then he continued his trudge, eyes tem- hilt
porarily blinded during the few seconds spent in adjusting U
the flame. tion:
OUT of the darkness, a sudden form loomed ahead. To The
Ferneau it was indistinct because of the dancing spots pe
before his eyes. He rubbed them with the-back of one two
chilled hand, seeking to clear his vision so that he could see
who the visitor was. Perhaps the stranger had already “
hailed him; Ferneau couldn’t know—he was deaf. Y
Perhaps something was wrong at the barns or at his home— _
a terrifying thought. Dread premonition swept over him. dens
The old man raised his lantern and stepped forward... . visi
The right arm of the figure ahead moved. A spurt of sats
flame lighted the night. A dull report. Ferneau staggered. oF
His knee was ripped asunder by burning darts of searing dits
pain. He stumbled, lost his balance and fell, one hand still Ther
holding the lighted lantern, A cry escaped his lips. pars
stree
car.
to tt
cape
they
Ser
Wal
than
par
Above is the menacing array
of firearms. confiscated by ;
detectives at the homes of the “H
bandit gang. . The revolver been
which ended the life of James ; aa
' Ferneau, the watchman at the \
carbarns, is at the extreme trave
left of the picture. Note how tant
the automatic next to it is whic
cleverly. fitted into a harm- id
less-looking cigarette con- side
tainer numt
On
“My God! Oh my God!” he groaned in terrified gasps. hones
But it was not to end there. The murky figure ap- on, ¢
proached, arm upraised. Ferneau lifted his head question- trail
ingly. In his agony he wondered dimly what it was all and «
about. “B:
The old man waited—the form was very close now. Fer- a gu
neau, leg dragging, tried to lift himself up. The upraised whict
hand—clutching the revolver—descended to the helpless guess
old man’s head. The arm rose and fell: again and again. Th:
_The groans ceased... . the \
The night was silent once more save for the drip-drip of the
the rain from the carbarn roof. The lantern, still held by robbe
one clenched. hand, was burning low. Beyond, in the of the
shadow, the dying embers in the bowl of the old man’s pipe Lyi
glowed a faint red. Ferne


ae

No. 2, — Five
feet, 7 inches tall;
160 pounds;
stocky; round, full
face; wearing a
dark green slicker,

No. 3,—Five
feet, 4 inches. tall;
150 pounds; sandy
complexion; wear-
ing a blue-gray .
topcoat. -

No. 4.—Five
feet, 6 inches tall;
slender; wearing a
dark suit and a
light green cap, _
Inspector Peter J,

. Tracy was placed in
charge of the case for
the Waltham authori-

_ ties, Later, an inten-
sive investigation was
conducted by the po-

the office of. District
Attorney Arthur. K,
Reading, under the di-
rection of Assistant
District Attorney
Ralph W. Stearns.

Over-reached itself on
the Waltham job. It

avs aha! ogy the “ocal proved to be the cli-
eta p Par lea max of a serious crime
old watchman wave in Metropolitan

Boston. Only. the pre-
vious week there had
been three sensational hold-ups and two murders, An out-
raged community gave notice that banditry would no longer
be tolerated. ‘3
A statement was issued by Governor Alvan T. Fuller,
Promising drastic action against the cowardly attacks of
criminals who shot down defenseless citizens. Furthermore,
the Governor promised that the Commonwealth of Massa-
chusetts would meet such cowardly attacks with such a dis-
play of armed force that banditry would be made un-
healthy. The gauntlet of law and order had been thrown
down to the force of lawless disorder,

MEANWHILE, my department was on the move.. At the
instigation of my superior, General Alfred E, Foote,
Commissioner of Public Safety, State Detectives Edward P.
O’Neil and Edward J. Sherlock were assigned by me to co-
operate with the Waltham Police and Commissioner Foote
announced that as many more men as were available would
be forthcoming if necessary,
A vast clean-up of the ‘underworld was planned in con-
junction with the Boston and Cambridge police. All men
and women who had served sentences were to be taken into
custody as suspicious persons and held for questioning.
Dens and questionable houses where gangs of undesirables
had found sanctuary for years were to be raided and
cleaned out. :
In Waltham, a reward of $1,000 was offered for the ap-
prehension of the bandits by Mayor Henry F. Beale. Mean-
While the Waltham authorities were hard at work ‘seeking

to trace the movements of the several cars said to have been

seen in the vicinity of the carbarns on the fateful Sunday
morning. In the meantime, we checked over the records
of some of the former employees of the Middlesex and
Boston Street Railway. Rumored clues in Chelsea, Massa-

lice and officials ftom.

The underworld had '

The Master Detective

chusetts and East Providence, Rhode Island, caused a flurry
of excitement but both were quickly eliminated by the in-
vestigating police inspectors.

'- A theory was advanced by some officials that all of these

hold-ups emanated from the warped brain of “Shorty the
Pole,” an underworld character who was fairly well known
to us. The newspapers printed sensational accounts of this
crafty criminal, the alleged master mind behind the scenes
of Boston’s crime wave. This man, it was claimed, bossed

half a dozen gangs of gunmen specializing in hi-jacking and

payroll robberies,
Personally, I felt very sure that they were wrong in sus-

.pecting “Shorty.” In my opinion, their theory was weak-

ened by the fact that each attack had been catried out by

different types.of men who worked according to their va-'

rious temperaments. Furthermore, the Waltham bandits
were not “good” crooks. By that | mean that a “good”
hold-up man ‘is one reluctant to kill, not only because it
constitutes a capital offense but also because it makes the
police all the more eager for a capture. In my opinion, the
men at Waltham were mere local toughs who possessed an
intimate knowledge of conditions at the carbarns.

HOWEVER, I remained silent. My men were working
along several secret leads which looked as though they
might be productive of results,

All of us realized, however, that we were up against a
bad situation. Extra precautions were taken in handling
the mail and government funds. The Boston Police Depart-
ment installed a bandit phone. Superintendent of Police
Michael H. Crowley distributed Posters among all garages
and filling stations asking attendants to carefully scrutinize
every automobile coming to their attention, examining the
running boards and tonneaus for blood-stains or signs of
struggle; the rear ends for marks of bullet holes and the
mudguards for traces of a previous accident.

In the midst of all this, an incident occurred out in Cam-
bridge which was about the only humorous highlight that
the Waltham tragedy brought forth. A telephone call was
received by the police to the effect that one of the carbarn
bandits had been discovered in a certain section of the city.
The police responded with a heavy force of reserves, guns
ready for whatever might come up. The patrol wagon
drew up near a crowd watching a citizen, considerably un-
der the influence of liquor, who was seeking the support of
an electric lamp: post.

“Give me air,” he shouted between hiccoughs. “Give me
air and plenty of it. I’m—hic—a carbarn—hic—bandit.”
Police from his home town gave the lie to the story.

Out in Waltham, John M. Roderick, an employee of the

street car com-
pany, picked
up. a_ small,
mis-shapen
piece of lead
near track
number seven
in the car-
barns, The
tiny pellet
was scored

hake a: J.
cLaughlin,
leader of the

plunderers,
who left a wife
and two chil-
dren behind
when he went
to the chair

murdering.

were
job |
Or
nera!
funer
unide
Ho
come
a par
that «
lives
is so;
shoul:
Unl
and §
the u
of the
dollar
was b
aid an
but su
to wai
O N
ph
ter 7 o
asked:
“Is t
An a
“Ney
reward
affirma
went or:
barn cr
I get b
The
be take
handled
name o
cessible
connect
the info
Durin
addresse
formati:
left no
to its
city. L:
trict
Reading
ted that
formatio
received
most rel;
detailed
ever bee

Peter McL
lin, who 8.
through
Police dr:
only to be
tured lat:

New Yo


ning of
ivered his
panel re-
) the jail,

smiling,
tly with

step, re-
vurs later
the jury
5 in. Py

foreman.
Court!”

if paper
led it to
t slowly
ie Court.
dict.”

uilty as
degree—
mprison-

Then
iper re-
the ver-
not even
* ahead,
i shock

Even
© Peete
to that

three
“ves for
splay of

iusband
-rushing
lis wife
lers and
tranger
d have
ind she

ind the
iary is
ht have
e world
ed im-
ith her
»wever,
‘ader in
ses 107
” they
airs as
itd, she
of her
ig and
‘ans to
ook to

Denton
ichard
after-
ed his
nd re-
orance

uth in

ed by

ard’s

+

September, 1929

The Master Detective

29

The Riddle of the Secret Graveyard

in the house. Rube said he would think
it over and would come back the next
night and tell me what he had decided.

“The next night Rube returned to my
house and asked for the money I had
offered him. He was disgusted with
farming, he said, and was willing to
sell out at a loss if he could get enough
money to buy a ticket for the West.

“So I gave him the money and that’s
the last I saw of him.”

A couple of weeks after young Gut-
shall’s disappearance, Rufe King drove
out to the elder Gutshall’s farmhouse,
and informed the distracted parents
that he had received a letter from
Rube.

The boy was in Colorado, King said.
He gave them the address, They wrote
to Rube, but the letter came back
marked “Party unknown here.” Then
King told the parents that Rube had
mentioned in his letter that he was go-
ing to California. He promised to
show them the letter from Colorado,

(Continued from page 40)

but when he looked
be found, he said.

for it, it could not

To an outsider, it must seem incredi-

ble that King could get away with
the “letter” story so often. However, he
told the story to different people each
time, and in each case listeners were so
anxious to learn something of their
missing kin that they gladly grasped at
straws of information. The other towns-
people, interested in their own affairs,
did not pay any particulaf attention to
what was going on about them. But
King did not get by me with his ver-
sion of the disappearances. I was wait-
ing ie my opportunity to discover the
truth,

King said that Gutshall, when he left,
had his things done up in a Paper
package rather than in a grip. This,
as anyone could see, left virtually
everything Gutshall owned in the pos-
session of King. When I turned the
situation over in my mind | sensed that

something mighty queer was in the
wind. So I went back to talk with
King again. I asked him point-blank
if he knew the real reason why Reuben
Gutshall had vanished so suddenly,
without telling his folks,

He hesitated for a little while.

“Come now, King!” | demanded.
“Let's have the truth! What do vou
know about the fate of Rube Gutshall ?
A d what do you know about the dis-
appearances of young Woody, the old
pedler and all the others who have
dropped from sight?”

ing stared hard at me... .

Rufe King is cornered at last! What
will he say? What can he say?

What was the fate of those who van-
ished from Maple Hill? Were they
murdered?

You will find the startling answers to
these questions in the amazing conclud-
ing installment of this story in the Octo-
ber issue of THE MASTER DETECTIVE,
on sale at all news stands September 23,

The Clue on Track Number Z

his every move, others searched the
Toom. It was a veritable arsenal. A
large .44-caliber army revolver, fully
loaded, lay within easy reach. Nearby
was another gun with the black gutta-
percha handle broken off. For some
reason this gun fascinated us. Heinlein
watched us closely.

“Well,” he said at last, “there’s noth-
ing here. This is one hell of a time to
come waking a guy up.”

“It surely would have been hell if
you'd been awake,” somebody said,
cryptically.

“You ain’t got a thing on me.”

An officer happened to touch a Ger-
man helmet—a souvenir of Heinlien’s
war days—that hung on the wall. A
shower of one dollar bills dropped out
onto the floor. Heinlein started to
reach for them instinctively. Gun muz-
zles intervened. A_ policeman bent
down and scooped them up.

“A lot_of money, Heinlein,” I said.

“Yeah?” he sneered. “Well I’ve been
saving that up for a long time.”

E then started for the bureau but:

was ordered back. Another police

officer found a small wooden box filled
with rolls of dimes. More money and
a pair of rubber gloves were discovered
in a desk.

Again Heinlein started for the bu-
reau. ; ;

“[ just want a necktie,” he said. His
hands reached out for the bureau
drawer but his eyes were fixed upon a
green tin cigarette carton which had so
far escaped detection. ‘

He made a quick lunge but Detective
Ferarri was there just before him.

“Was this what you wanted, Hein-
lein?” he asked, pulling open the cover
of the tin container and revealing a
squat automatic in a holster.

(Continued from page 28)

A cry of thwarted animal rage burst
from Heinlein’s throat as glittering
handcuffs clicked.

Little other excitement was in store
for us that night, although two
two other arrests were made. Peter V.
King, a taxi driver, was arrested by the
Brookline Police just as he stepped
from his car. He was arrested on a
charge of murder. The other man we
nabbed ourselves. He was Joseph H.
Bennett of 27 Mount Vernon treet,
Brighton. We held him as an acces.
sory. In his home we found a lot of
silver in a paper bag as well as another
bag filled with pennies. Hidden in two
other rooms were bundles of Paper
money, while we found coats and
slickers and caps that answered the
description of the carbarn bandits’
Wearing apparel.

ONE man got away. This was Peter

McLaughlin. It was said he had
gone to New York. For the present we
were not particularly concerned,

It was daylight when we returned
to Station Fourteen. All of us felt we
had made a good beginning. Not a
shot fired; not a man injured. Yet it
was not a task, I thought, as I climbed
the steps of the Brighton Police Sta-
tion, that I would care to perform
every evening.

The guilt of the arrested men re-
mained to be established. After be-
ing booked at Station Fourteen, where
they had been confronted by District
Attorney Reading and _ his assistant,
Ralph Stearns, the prisoners were taken
to their cells. No questioning was per-
mitted. Shortly after 8 o'clock that
same morning they were transferred to
Boston Police Headquarters. There
they were finger-printed, hotographed
and later questioned by Basten Police

Superintendent Crowley. The news of
the arrest became noised abroad.
Crowds gathered in front of Headquar-
ters, seeking to get a look at the men
accused of the crime that had so
aroused the State.

Some few hours later, the five pris-
oners were again moved, this time to
the East Cambridge Court-house.
Devereaux, Heinlein, King and John J.
McLaughlin were indicted by the Mid-
dlesex Grand Jury and held without
bail for the murder of Ferneau. Joseph
H. Bennett was held as an accessory.
All entered formal denials of their
guilt.

More crowds followed the carbarn
bandits as they were led by a small
army of deputy sheriffs and police offi-
cers from the court-house to the East
Cambridge jail across the street.

During the day, Ellery, the night
foreman at the carbarn, positively iden-
tified one of the bandits as the man
who forced him to lie on the floor at
the point of a revolver, while Baker,
the conductor, identified two of the
men who held up Main, the acting
night receiver.

Four of the men had police records.
Heinlein first came to the attention of
the authorities at the age of fourteen
when he was brought into juvenile
court on a charge of malicious property
damage. The boy was placed on pro-
bation. From then on he appeared in
court from time to time on various
charges including larceny, carrying a
loaded revolver, stealing dynamite,
breaking and entering while armed and
assaulting a police officer. He had
been given suspended sentences tor
some of the charges, others had been
dismissed and he had been sent to jail
on other of the charges.

Devereaux started his criminal career


—

28 The Master Detective

straightened up as the light dazzled their half-opened eyes,

Devereaux was the first to recover himself,

“What’s wrong?” he demanded.

“Lie still till we get some lights,” we ordered. “One
move and we'll shoot. We want you for the carbarn
robbery.” ae

“Is that so?” replied Devereaux. “Well, you guys ain't
got nothin’ on me for that carbarn job.”

Under cover of police revolvers, Devereaux and his
friend—Charles R. Pender, of Utica, New York—dressed
themselves, after which they were placed under arrest,
Devereaux denied all knowledge of the crime. Meanwhile,
Detective Fleming was conducting a search of the room

He opened the door of the closet. Devereaux followed the’

movements of the sleuths with furtive eyes,

“WHAT's this?” Fleming asked, poking at a peach

basket covered with a towel,
“Nothing,” replied Devereaux, sullenly.
“Maybe not,” replied Fleming, bringing the basket over
he me. “At any rate you don’t mind if we look inside
it as
Devereaux remained silent,

Inside the basket, partially concealed by the toweling, were
rolls of money, neatly wrapped, including several rolls con-
taining half dollars, quarters, dimes and nickels.

“If you know nothing of that murder and hold-up,”
Fleming continued, “how do you account for this money?”

Devereaux swallowed hard.

“I—I—I don’t know,” he said at last.

But——-

The money wrappers bore the imprint of the Middlesex
and Boston Street Railway Company.

It was growing late and we had other calls to make,

Devereaux and Pender, still protesting their innocence,
were bundled into the waiting patrol wagon and the driver
was told to pick us up at 1156 Commonwealth Avenue,
Allston, after taking the prisoners to a cell. Getting into
our own cars, we sped to another _
apartment house atthe address in
question. This time the street was
brilliantly lighted. Again we went
through the watchful procedure.
Then we entered and rapped on
the door of one of the apartments.

John J. McLaughlin, the man we
had intended to arrest, stood in the
doorway, helpless under the guns
of the police officers. He, too,
claimed to know nothing about the
robbery, even after we dis-
covered a cap and gun hol-
ster alleged to have been
worn by one of the bandits
Participating in the Waltham PAs:
episode. Under cross-ques- ’
tioning, McLaughlin ad-
mitted he had played a part in an-
other hold-up and was out on
$5,000 bail.

“How much did you get on that
job?” one of the police asked,

“As much as you’ve got on me
for the Waltham carbarn job,”
McLaughlin retorted. “The
damned fool didn’t have a thing.” -

Leaving an .anxious wife and
two little children, the prisoner
was bundled into the patrol wagon
and sent to Station Fourteen, while
the driver was given specific direc-
tions where to pick us up later, We

Peter Mclaughlin (right), on his way to hear his
‘doom

were on the move again with three others yet to nab.

It was past 3 o'clock. In the east the gray fingers of the
dawn were breaking asunder the dark robe of night. None
of us said very much as we traveled at a furious Pace to
Brighton, All of us knew that the hardest part of our
night’s work lay just ahead.

Edward J. Heinlein, our next prospective prisoner, was
an expert gunman who spent much of his spare time at tar-
get practice, Few of us thought it would be an easy cap-
ture. Extra precautions were taken as we drew up near
his home, a small two-and-a-half-story house. A cordon of

‘police surrounded the place. All officers were instructed to

shoot in case of trouble. Except for our raiding party, the
Street was empty—utterly destitute of life.

We rapped on the door. There was no reply. There
was a possibility that Heinlein had escaped. Or perhaps
we were walking into a deadly ambuscade.

We knocked again. The door opened slightly and we
saw a woman’s face behind the aperture. It was Hein-
lein’s mother.

“We're police officers,” we said.

“What's wrong?” the woman demanded. Suddenly she
tried to close the door. But an officer had shoved his
foot over the threshold and the door wouldn’t close,

“You're not coming in without some explanation,.” the
woman countered, still striving to shut the door. It was
no time for chivalrous sentiment. Every passing moment
brought. increasing danger or a possible escape. We
crowded past the shrilly protesting woman.

Another terse, tense moment. Somewhere beyond the
Stairs was Heinlein—in the darkness. Perhaps the out-
cry at the door had already served the purpose for which
it was intended. But this was no time to think of per-
sonal danger. Too much was at stake, We started up the
stairs. .A board creaked loudly. We stopped. Still no
sound from the upper darkness only a few stairs away.
We continued our ascent,

Every one of us drew a relieved breath upon reaching
the top of the stairs. Nothing had happened. Heinlein’s

: ‘ bedroom door was closed.

We pushed it open. The room
was in darkness. At any mo-
ment we half expected to
hear the crack of a gun. The
tays from a police flashlight
cut the darkness. Heinlein
was lying on the bed, facing
us. His eyes were closed, yet
his sleep might be feigned
and it was very possible that
his right hand, thrown back
' so carelessly in the darkness,
might be grasping a loaded
revolver, And still nothing
happened. Several officers
from Station Fourteen slipped
inside the bedroom. Hein-
lein was covered from all
angles.

S OMEBODY switched on
the electric light. Hein-

lein sat up in bed, outnum-
bered—an unwilling prisoner.

“It’s all over, Heinlein,” |
told him. “Get up and re-
member to keep your hands
in sight, We'll stand for no
shady work.”

The prisoner climbed out
of bed, sulky and defiant.
While several men watched
(Continued on. page 59)

D
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lowed.
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gz over

September, 1929

The Defense claimed that the killing
of Ferneau was not planned; that
Devereaux, admittedly the man who
first shot and then clubbed the watch-
man over the head “two or three times,”
had no intention of killing the man, but
that he had sought only to “protect
himself” against being “brained” by
the old man’s lantern.

T IME dragged along. The jury was

instructed by Judge Fosdick to re-
turn a verdict of not guilty on the in-
dictment charging Bennett (the man
who had been arrested with Dever-
eaux) of being an accessory before and
after the fact of murder inasmuch “as
the State had failed to show that he
knew anything about either the robbery
or the slaying a half hour afterward
when he allowed Devereaux to aig in
his house.” Bennett, however, was held
as an accessory to the robbery; bail was
set at $15,000. Things still looked
black for this man who denied all
knowledge of the crime and lied about
articles of clothing worn by the bandits
on the morning of the hold-up and
which were later found in his home,
together with a .38-caliber revolver and
several rolls of money bearing the_im-
print of the Boston and Middlesex Rail-
way Company. It was alleged but not
proved at the trial that the bandits
met at Bennett’s home for the division
of the spoils. d

More evidence; more wrangling by
attorneys. The evidence for the Defense
had tended to show that Ferneau was
killed while Heinlein and the Mc-
Laughlin brothers were in the automo-
bile; the State evidence tended to show
that the watchman was killed while the
other bandits were actually engaged in
the robbery. Under Massachusetts law,
if two or more persons conspire to com-
mit a robbery and a homicide results,
each is criminally responsible for the
acts of his associates.

The State’s case was strong—so
strong that the defendants had to testi-
fy to virtually the truth, their sole de-
fense being that the murder was not
premeditated.

In a few short sentences, Judge Fos-
dick instructed the jurors that they
must find Devereaux guilty of first or
second degree murder, that the guilt of
McLaughlin and Heinlein was in their
hands to decide, but if either of these
two men were found guilty it must be
in the same degree as Devereaux. The
jurors withdrew. At a quarter to 10
at night they returned.

The three defendants stiffened. John
McLaughlin was on the verge of col-
lapse. The jurors had not arrived at
any decision. They had returned mere-
ly to have the judge re-read the stat-
utes concerning first and second degree
murder. Again they withdrew.

Ten o'clock passed. Eleven. The
hour of midnight struck from a neigh-
boring clock. The spectators still
lingered. At four minutes past mid-
night a door opened. The jurors filed
back into their box. The room be-
came silent. Devereaux was ordered
to the stand. His right hand rose above
his head. In the hushed stillness, the
bandit heard his doom from the lips of
the foreman:

The Master Detective

“He is guilty of murder in the first
degree.”

Heinlein arose.

“—guilty of murder in the first
degree.

Silence. -A woman screamed.

McLaughlin could hardly get from
his seat. His knees trembled, his hand
shook and he could scarcely raise it to
his head. He, too, had been found
guilty of murder in the first degree.
McLaughlin stumbled back to his chair
in a daze.

Relatives of the condemned men
broke down, no longer able to control
their feelings. Court officers bore these
hysterical spectators from the room but
their cries echoed and re-echoed down
the corridor—for the jury’s verdict,
which did not recommend mercy, meant
death in the electric chair.

HOWEVER, it looked as though the*

fate of the bandits had not been
sealed. Their attorneys put up a tre-
mendous legal battle to save them.
They announced that they would call
upon the Supreme Court for a full in-
terpretation of the law on murder as
the full court had never had an oppor-
tunity to pass upon the legality of the
Massachusetts law which makes all
criminals who act in consort responsible
for the acts of one, when a killing is
committed. A motion for a new trial
was also filed.

A dramatic situation came to light
along about this time when newspaper
reporters discovered that John Dever-
eaux, the father of one of the murder-
ers, was a turnkey at the State Prison
at Charlestown and might take part in
the death watch if his son’s fight proved
unsuccessful. Later the elder Dever-
eaux resigned.

Various motions of the defense coun-
sel were over-ruled a Judge Fosdick
and it was said that the lawyers would
attempt to carry the fight to the Su-
preme Court on exceptions. Mean-
while, the three bandits had not been
sentenced. In February Joseph H. Ben-
nett came up for trial and was freed,
although arrested immediately after-
wards for participation in another hold-
up. Peter McLaughlin, the sixth man
in the hold-up, was arrested in New
York through the efforts of Detective
Sherlock. Early in May he was ar-
raigned in court. Later he was sen-
tenced to life imprisonment. Months
later, King, who turned State’s evi-
dence, was set free.

In June the full bench of the Supreme
Court denied the exceptions taken at
the trial of the three men—Devéereaux,
John J. McLaughlin and Heinlien. So,
for the second time in the history of
Massachusetts courts, three men were
sentenced to pay the death penalty for
a murder which one committed. The
execution was set for the week of Au-
gust 8th.

The fight for freedom, however, still
went on.

A Clemency Committee was formed.
Petitions were circulated throughout
the State and signed by several former
governors. Mention of the bandit’s
war records was made to arouse public
sympathy. Thousands of names were
secured and presented to the Governor.

61

Frank A. Brooks, Chairman of the
Prison, Parole Board, was delegated
to get the bandits’ stories. At the
time these three youths were being trans-
ferred to the death house a personal
hearing was granted them and Dr.
George M. Kline, State Commissioner
of Mental Diseases, and two other
alienists were ordered to examine
Devereaux. Hopes of the attorneys,
friends and relatives of the trio ran
high—only to be bitterly crushed by
the news that Governor Fuller had de-
clined to act.

The Clemency Committee was des-
perate. It was then August 5th.

Meanwhile, in an automobile hired
through their pooled resources, the
three desperate mothers, Mrs. Dever-
eaux, Mrs. Heinlein and Mrs. Mc-
Laughlin, sped up to Governor Fuller’s
summer home at Rye Beach, New
Hampshire. There they were kindly
received by Mrs. Fuller, who ushered
them into the Governor's presence.
They begged for clemency. The Gov-
ernor was impressed. He promised to
consider their pleas.

“OH, my God!” sobbed Mrs. Dever-

eaux. “Don’t let my boy die for
this. He’s not in his right mind. At any
rate, don’t let the other two die for the
act of my insane boy!”

The week of the triple execution ar-
rived. Governor Fuller, after giving
the matter consideration, again refused
to commute the sentences of the three
men to life imprisonment or to delay
the execution. One of the Defense at-
torneys petitioned Supreme Court
Justice Henry K. Braley for writs of
habeas corpus and mandamus. Judge
Braley denied the petitions but gave
the lawyer twenty days in which to file
exceptions.

In the State Prison at Charleston,
preparations for the electrocution
scheduled for Friday, the 13th, were
going on. The mechanism on the elec-
tric chair had been tested, the execu-
tioner was ready and the witnesses had
been notified. Orders had been issued
by Warden Hendry that no more visit-
ors to the death house would be al-
lowed. Extra guards were placed over
the doomed trio.

Once again it was up to Governor
Fuller. This time the Governor grant-
ed a respite until November 18th,

The prayers of three mothers had
been answered.

“Good news at last!” cried Mrs.
Devereaux, her eyes filling up with
tears.

The bandits had at least three more
months of life.

Later, the executive Tespite was ex-
tended another month owing to the fact
that Governor Fuller went to Europe
and wished to make sure that the men
had every opportunity to prove their
innocence as well as making sure that
there had been no miscarriage of justice
owing to his absence abroad.

_In October, the Supreme Court de-
cided against the murderers. They
were condemned to die during the week
of January 3rd. In vain did a Greater
Boston Clemency Committee, formed
to supplement the work of the local
committee, seek to have the sentence

I

SS

60

at the age of fifteen when he was
caught stealing a bicycle. From then
on his appearances in court were more
or less regular, although none were for
very serious offenses, and he escaped
with a few fines and reprimands. John
J. McLaughlin ran afoul of the law at
a later age than his alleged accomplices
and had served some time. From Wes-
terly, Rhode Island, it was reported to
the Boston Police that King had served
time there on the charge of receiving
stolen goods and later it was said that
he admitted having done time in Con-
cord, New Hampshire, for robbery.
Meanwhile, Joseph H. Bennett, ac-
cused by his comrades as the man who
squealed to the police, was identified as
one of the two men who held up and
robbed a filling station in the Brighton
district of Boston a few months before.

UBLIC opinion ran high against

these men and six days later it was
announced by Judge George A. Flynn
of the East Cambridge Superior Court
that they would go on trial November
Oth.

Several of the counsel for the defense
protested. They claimed that there
was not sufficient time in which to pre-
pare the case. Their objections were
over-ruled. The five men were exam-
ined by alienists and reported sane, al-
though it was revealed that Devereaux
was a heavy drinker, used morphine
and had been an inmate of the Psyco-
pathic Hospital in 1921 and 1925,
Pender, discharged by the Brighton
Police and rearrested by the Waltham
authorities on a charge of being an ac-
cessory in the Waltham crime, was ab-
solved of the latter charge although
held in heavy bail as a material wit-
ness.

Plans for the trial were beginning to
take shape. Meanwhile the public was
wondering. Had the police captured
the men really responsible for the mur-
der and robbery that had stirred New
England and was already beginning to
attract national attention? There was
no doubt in the minds of the State
Police. The information we had in our
files was positive. But of all this, the
public knew not a thing.

“It was eleven o’clock on the night
of October third. When I stepped into
my kitchen I found two men waiting
there for me.”

The air in the court-room became
charged with drama. Peter V. King,
one of the five men originally accused
of the Waltham crime, was on the
stand. Only a few moments before he
had been formally absolved in another
court-room of the murder charge,
rleading guilty before Judge Frederick
l-osdick to being an accessory after the
fact of robbery. Now, in a crowded
court-room, before the same judge, he
was testifying for the State. He was
telling the “inside” story of the crime.

True, a part of the story had already
been related by his wife during the
early days of the trial. Osbord Win-
gate, the milkman, had given his ver-
sion of what went on in the carbarn
that eventful Sunday moruing as’ he
lay under the gun of the masked ban-
dit. Identification of three of the other
robbers had been made by different

The Master Detective

witnesses. But this was the first con-
nected story of the affair as told by a
man who had taken a part—a man who
claimed his life had been threatened by
one of the defendants if he testified.

KING had ignored the threat. He
was telling his version of-the hold-
up before the very men who had sworn
to “close his mouth forever.” No won-
der the jammed court-room became
still as men and women leaned for-
ward with an air of hushed expectancy,
eager to catch every word of the soft-
spoken youth. There was an under-
current of excitement that could not be
suppressed. *King’s anxious-eyed wife
followed every move—every gesture.

The four defendants in the prisoners’
cage listened with intent ears as the
entire story unfolded under the skil-
ful questioning of District Attorney
Reading.

“Heinlein,” said King, “wanted me
to drive him to Worcester. I said ‘yes’
but there was an objection offered by
my wife. She said { was tired and |
said ‘Well, here’s a chance to make
some extra money.” When my wife ob-
jected I asked Heinlein why he didn’t
drive the car himself and he said he
couldn’t as he had lost his license.”

King explained that the other man,
Peter McLaughlin, was silent through-
out the conversation. The three went
to Brookline Village where they hired
a taxicab and went to the corner of
Boylston and Mt. Auburn Streets.
Peter McLaughlin stayed on the cor-
ner while Heinlein and King hired a
high-powered touring car at a nearby
garage. They picked up McLaughlin
and then drove to 1156 Commonwealth
Avenue. Here they picked up two
more men whom King didn’t. know at
the time. Later he discovered that
they vee McLaughlin and Dey-
ereaux, ing was then directed to
drive to Waltham along Main Street
past the carbarns to a point two and a
half miles distant while they waited
until the last car came in. At length
they ordered King to drive back, al-
though somebody said that the last
car was not due in yet.

“Il drove back by the carbarns,”
King went on. “I was ordered to stop

- the machine fifty feet beyond the en-

trance. 1 did so. There was an odd
sort of a feeling in the car. No one
seemed to have much to say. The four
men got out. I was told to wait a
couple of minutes; they said they
would be right back. I shut off the
motor, dimmed the lights and waited
in the driver’s seat, never leaving the
car.”

King told the Court he estimated
that he sat there ten or fifteen minutes.
During that time he heard many
noises, including those caused by a
motor car being towed along Main
Street. Then John McLauglilin  re-
turned alone, carrying a white bag.
He climbed into the back of the ma-
chine. Heinlein and Peter McLaughlin
then returned. McLaughlin asked
where Devereaux was, Heinlein, say-
ing he would go and see, disappeared
in the darkness. -

The court-room was ‘silent—very. si-
lent. King cleared his throat nervous-

ly and then went on telling how Hein-
lein returned in a moment or two. Be-
hind him—masked and with a gun in
his hand—was Devereaux.

“Just a moment!”

King paused as the District Attorney
exhibited a black revolver from which
the hilt had been broken.

“Was this the gun?” he asked.

“Tt looks like it.”

N_ brief, dramatic sentences King

described what happened as the car
sped away from the scene of the crime:

“What kept you?’ Heinlein asked
Devereaux.

“Oh, I had an argument with a
guy, Devereaux replied. ‘Did you
bump him off?’ Heinlein asked. ‘No, |
shot him in the leg,’ Devereaux re-
plied. “What the hell did you do that
for?’ Heinlein asked. ‘Wasn't it under-
stood that there was to be no shoot-
ing?’

““Aw, he swung a lantern at me,’
Devereaux said. ‘I had to do some-
thing. I just hit him a couple of
times to keep him quiet.’ ”

King told how they drove back to
Joseph Bennett’s home at a speed vary-
ing from 55 to 60 miles an hour. fn
Newton a police officer stepped out
into the street to stop them. King
started to slow down when Devereaux
snarled forth a warning ordering King
to step on the gas before either he or
the cop was “bumped off.”

King told of the correspondence they
had had while at the jail in a code
taken from a detective story magazine,
and the scraps of conversation which
passed between them in the yard and
while in the wash room. When Hein-
lein's attorney took the witness in
hand, King denied that he had ever
written Heinlein asking the latter what
he wanted him (King) to say on the
stand, although he admitted that he had
written Heinlein saying that he had not
squealed. That was before he told his
story to the District Attorney.

“Last Sunday they threatened to kill
me,” King told the Court. “Heinlein
said if I took the witness stand he’d
close my mouth forever.”

ore sensations followed. Joseph R.
Ellery, the night foreman at the car-
barns, head bandaged and suffering
from blood poisoning as well as the
nervous shock resulting from the rob-
bery, was brought from the Waltham
City Hospital to testify.

Then Captain Charles J. Van Amburg,
a firearms expert with the State Depart-
ment of Public Safety, was called. In his
hands he held a scored pellet of lead. It
was the bullet that had been picked up
on track number seven after the robbery.
Without hesitation, Captain Van Amburg
proved to the Court that this lead slug
fitted the death weapon with the broken
handle—the weapon that had been found
in Heinlein’s home—the gun he had pur-
chased only a few months before at a
Boston sporting goods store and regis-
tered under his own name. This fact was
sufficient in itself to convince the jury
that the men were guilty,

More damaging testimony followed.
Slowly but surely the death net of in-
disputable evidence was tightening over
the men in the prisoners’ cage.

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“Bevins,” almost shouted Mains in excited relief. “We were
robbed’ by four masked men. They shot Ferneau. We've got
to do something for him. I’m afraid he’s dying. Our telephone
wires were ripped out.” risa

“Try and stop the flow of blood,” ordered Bevins. “TI’ll be
right back.”

Bevins raced to his call box a dozen blocks away. He notified
headquarters and returned to the scene to find that Mains had
knotted a handkerchief around Ferneau’s bleeding leg. Minutes
later an ambulance arrived and Ferneau was rushed to the
Waltham hospital. Bevins was in the company office with the
four shaken employees when Captain Richard Currin walked in
with Inspectors William J. Lyons and Feter J. Tracy.

Detective Edward Sherlock made crime
analysis that proved he is one of New
England‘s most successful man-hunters.

Bevins told the little he knew.

Captain Currin turned to the acting cashier. “All right, Mr.
Mains,” he said, “suppose you tell us exactly what happened.”

Mains said that he had been busy checking the night’s receipts
in his second-floor office. At exactly 1:15, Baker showed up
with his coin box which meant additional work. It wasn’t five
minutes later that the three masked men walked in. The

19


s

Edward “Tip” O'Neil, crack detective on

the State’s force uncovered clues that

finally trapped the gangsters in their lair.
DEVEREAUX, HEINLEIN & McLAUGHLIN,
electrocuted, Massachus@tts, 1-6-1927.

HAT seemed to bea passing shower turned into a heavy
VV dcwenpons shortly after 1:15 the morning of October 4th

in Waltham, Massachusetts. Patrolman Fred M.
Bevins, covering his lonely beat, grumbled at the sudden turn of
the weather as he bent his head against the slashing rain and
walked rapidly toward the Middlesex & Boston railway car barns
where he kept his raincoat and boots,

18 ~

DETECTIVE WORLD, February, 1916.

As Bevins neared the car barns, the sharp report of gunfire
suddenly punctured the soggy darkness. The shot alarmed
Bevins as he yanked out his gun and broke into a fast run, He
was just in time to see a car pull away from the carbarns and
quickly disappear down the dark, rain-swept street.

Feeble rays of yellow light led Bevins to a point near the
carbarn office. Four men looked up from the body propped
against a trolley wheel. They were Acting Cashier William J.
Mains, Operators William P. Baker and Osborn R. Wingate,
and Night Foreman A. J. Ellery. The man on the ground was
James R. Ferneau, the elderly watchman. ‘Ferneau was un-
conscious, blood gushed from a gunshot wound in his right leg,
and his head and face were badly battered.


62

commuted. In vain did the Defense
seek to postpone the execution.

Once again the three condemned
men stood within the shadow of death.

Under the grim glare of lights in the
death chamber at the State Prison, the
electric chair stood awaiting its occu-
pants.

O UTSIDE, to the doleful accompani-

ment of a locomotive whistle in the
train yards beyond the prison, a file
of sober-faced’ men, led by Warden
Hendry, crossed the prison yard a few
minutes past midnight on the starlit
morning of Thursday, January 6th,
1927.

The door of the death house swung
wide and the witnesses, shivering a lit-
tle, found themselves inside. All was
legally informal. The witnesses stood
as they chose; outside the engine con-
tinued its mournful whistle. The execu-
tion of the carbarn bandits was about
to take place.

Just a few feet away from the chair
with its unbuckled straps, the execu-

The Master Detective

tioner stood waiting. The warden took
his place near the chair. The nine wit-
nesses stood not very far away, throats
dry, hearts pounding at the t ought of
seeing the taking of human life. In the
stillness came the click of the lock in
the door opening into the corridor. The
door swung back.

Heinlein entered, erect and seeming-
ly unafraid. Beside him walked the
Xev. Michael J. Murphy, State Prison
chaplain. Neither paid any attention
to the pale-faced witnesses, Re eating
a prayer over and over again, Heinlein
seated himself in the chair, A slight
smile hovered over his face as the
guards strapped him tightly in place,
tearing away the seam of the left
trousers leg and making certain that the
electrode fitted closely upon the un-
shaven head.

Labored breathing. Horrible sus-
pense. An upraised finger. A switch
shoved home. The straps of the chair
pngensie A strained and pulled. Edward
J. Heinlein was dead,

Devereaux came next. Like Heinlein,

he, too, was pale; like Heinlein, he, too,
walked onatraid Again the deathly
silence as the straps were adjusted.
Warden Hendry raised his finger. The
switch clicked.” A puff of smoke arose
from a sponge in the head electrode.
Devereaux had gone to rejoin Heinlein.

The door again opened. McLaughlin
stood in the entrance, eyes blinking in
the light, yet following the movements
of Father Murphy’s lips as the priest
walked ahead, Carrying a crucifix,

“I can’t hear you, Father,” Mc-
Laughlin said. The voice of the priest
grew louder. McLaughlin’s deep voice
joined in the responses. As the guards
finished strapping him in, he leaned
over and kissed the cross,

“Jesus crucified——” he commenced.
An upraised finger—and McLaughlin’s
lips were stilled forever,

The deathly silence was broken by
the sudden sound of tearing cloth. A
guard was binding the legs of the dead
men with a torn sheet.

The Waltham carbarn bandits had
paid their debt to society,

The Vanishing Priest of San Francisco

foreign family whose members chat-
tered wildly while the deputies charged
through. They scoured an abandoned
rock quarry on the side of Pedro Bluff.
They searched and dragged Carroll
Lake, a green-scummed pool of water.
None of these places yielded even a
trace of the missing priest.

Somewhere—somewhere—the priest
was hidden. Was he alive or was he
dead? The days passed. The memory
of that sinister sentence rang in my
ears: “Had-to-hit him four times and
he is unconscious from pressure on
brain so better hurry and no fooling.”
Hurry! But whither?

I sat in the Examiner office, receiving
reports, tabuJating the details, writing
the stories, and feeling more and more
overwhelmed by the unbearable chal-
lenge of the mysterious affair. Where
was Father Heslin? And where was the
unknown stranger, the “small dark
foreigner,” with goggled eyes, who
talked rapidly in a voice of peculiar
quality, and who had come in his self-
Starting flivver and whirled the priest
away into the night?

We began to find traces and seeming
clues, true or false, Out along the
Pedro Valley Road, someone picked up
a Catholic breviary. It apparently had
been dropped from an automobile. Its
pages contained no name or library
mark, but it was easy to assume it had
been flung from the car by Father
Heslin.

Al that point in the highway, per-

haps, he had become suspicious that
all was not well and had decided to
leave a trail. What, exactly, had hap-
pened there?

A buzzard, hovering high in the air
over a lonely stretch of sand above
Salada Beach, attracted attention and
comment. What did that buzzard see?
Hour after hour he hung motionless in

(Continued from page 50)

the sky. A small army of Boy Scéuts,
a score of automobile loads of volun-
teer seekers, even an aviator with a
telescope, failed utterly to find out
what that buzzard saw. But still the
buzzard remained. . , .

And now, from all parts of Cali-
fornia, rumors began to flow in, rumors
about priests—priests seen in auto-
mobiles with parties of men, This was
entirely natural, for the convention of
the Knights had adjourned, and many
a priest was riding home with the dele-
gates from his parish.

We traced one such carload, by re-
peated reports, clear down the coast
highway to San Luis Obispo—four
hundred miles. We traced another into
the Sierra Forest, near Lake Tahoe.
Others were reported around Stockton
and Mission San José,

A great deal of attention was drawn
by a telephone call to Police Head-
quarters. An unknown man told of
having seen, on the night of August
2nd, an automobile with license num-
ber 148-169, halted in a tire change; a
priest was sitting in the front seat.
And this proved a prime mystery, for
that was a stolen car. We never did
unravel this affair or find that car.

All in all, everyone was approaching
the condition in” which nobody could
tell false from true, Every hint might
be the hint, every clue the clue, So
all reports were duly printed, for the
police were at sea, and only the news-
Papers might bring the truth to light.

Days went by. We were as deeply
in the dark as ever,

Endeavors to trace the mystery
letter-writers’ typewriter had failed,
Endeavors to trace the flivver had met
with a similar fate.

And then the rewards began to
mount up. The loyal folk of Colma
held a mass meeting. They subscribed,
out of their slender means, $1,440.

That started the ball rolling. The
Knights of Columbus offered $1,000.
The supervisors of San Mateo County
offered another $1,000, The Archdio-
cese capped these with an offer of
$5,000. Total, $8,440—a tidy sum;
larger than the figure of the ransom
itself. All the offers were for infor-
mation that would lead to the recovery
of Father Heslin, alive or dead, or for
information that would lead to the ar-
rest and conviction of his captor or
captors,

And so it went. The seventh day
yielded up its crop of rumors. Evening
came. Police Headquarters acknowl.
edged that Father Heslin, in its belief,
was dead. The searchers were showing
signs of flagging in their efforts. Only
the telephone calls kept up, every two
a three minutes, hour after hour, every

ay:

“Tell me, have they found the
Priest? Have they found the priest?”
Nobody had found the priest.

ON the night of that seventh day, at

twenty minutes after 7 o'clock,
George Lynn, one of our younger re-
porters, entered the Examiner local
room bringing with him a tallish, cool,
erect man who gave his name as Wil-
liam A. Hightower,

Young Lynn had accomplished one
of those brilliant strokes which brand
a young reporter as either an upstart
or a genius—according to the outcome,
and according to the city editor’s cast
of mind. In this case it was genius—
sheer genius,

On the evening of that seventh day
after the priest’s disappearance, 4
rumor drifted in from Police Head-
quarters that the Archbishop had re-
ceived a second “mystery letter.” Bill
Hines, the city editor, promptly sent
George Lynn up to the Archbishop’s
mansion to find out. We were Passing

Sept.

up 1
It
Waste
stree!
and °
dence
door
At
there
walk
the t\
Lynn
glanc
white
The
his m
spond
room
| he
too.
He
create
Lynn’
ma \
bisho;
Exam
mous
With
Heslin
report
find ot

TH

Was
the str
silence
spoke

“Ty e
about |

“Abc
the ne\

“No,”
the pric
found j

“The
Lynn.
ing.”

“It’s
Stranger
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the rew:

“Well
speak c:
it, there
you. Ff)
sneezed
your dis

That \
find out
might h
supposec

“Not 1
sons I'd
the Arch

The r
tion was
second Ic
only ani
Lynn, qi
excuse to

“This
in at the
only met
see vou
affair, J!
Father H

Then
rapid nar:
dinary sm

At the


Boston and the surrounding area
was held in a reign of terror by
these thugs that didn’t hesitate
to use this arsenal of weapons.

Surprised by the
detectives Dutch
Heinlein did not
offer resistance.
Two high-powered
guns and a large
roll of bills were
found in his room.

John J. Devereaux, one of the gang that
blasted its way out of the car barn when
taken by surprise by the night watchman.

20

Spann sell os Pa eh ates

leader, a tall, slim man, wore a green
oilskin slicker.

“Baker and I were helpless,” re-
sumed Mains, ‘There was a gun in
the top drawer of my desk, but it
would have been suicide to try for
it. They made us stand against the
wall with our hands raised. They
didn’t seem to be in any particular
hurry until the shot was fired down-
stairs. One of them loosened all the
telephone connections. The man in
the green slicker grabbed all the
currency with the third bandit whom
he called ‘Dutch.’ ”

“How much was the take ?”” asked
Captain Currin.

Mains said that $1,529.75 had been
taken.

Baker shuddered as though a raw
chill had swept through him, “And

claimed. “He had a voice soft as
velvet—the kind of a voice that
makes you behave whether or not
you want to. I wasn’t taking any chances with that guy.

Mains nodded in agreement.

Mains and Baker hadn’t witnessed the shooting and clubbing
of Ferneau. Ellery and Wingate were in an office on the first
floor where a fourth bandit made them stretch out face down-
ward on the floor. The bandit, about twenty-five, wore a tan
overcoat and a light green hat. He wanted to know if there was
anybody else around. |

ee INGATE and I knew that Ferneau would be along any

minute to turn his key in the time box,” said Ellery. “I
knew Ferneau wouldn’t submit without’a struggle. But the
masked man threatened to shoot if we didn’t tell him what he
wanted to know. He meant it, too. I told him about Ferneau,
and he said that if we knew what was good for us, we'd stay put
with our mouths shut. He backed out, watching us all the
time. We didn’t move... .”

heat Late eines han ae let

ae te

the guy in the green slicker,” he ex- .


Yu

wa

~ @ rf 0 Ow ;

said weakly. “I knew I made a mistake
when I gave my real name when I came
here for work. I didn’t think. It just
slipped out.”

“You were bound to make a mistake
somewhere,” said Sherlock. ‘We’re
taking you back to Boston, McLaughlin.”

“TI guess so,” replied McLaughlin with
a shrug. “I read about the trial in the
newspapers. Kane spilled his guts, so
I'll talk.”

McLaughlin took the detectives to his
room. There a fully loaded .38 automatic
pistol was found. At Centre Street, Mc-
Laughlin was booked and fingerprinted.
And in Inspector Dix’s office, McLaugh-
lin talked. He said that he had planned
the robbery and shared in the loot, but
that he hadn’t participated in the crime!
Asked about the green slicker, Mc-
Laughlin said he had loaned it to another
person who wore it during the robbery-
murder.

“Who was this person?” asked Sher-
lock in a skeptical tone, never for a mo-
ment believing this part of McLaughlin’s
story.

McLaughlin smiled thinly. “That’s
something I can’t tell you,” he said. ‘I
never rat on a pal.”

McLaughlin stuck to his story. Finally,
when extradition papers arrived, he was
taken back.

In District Attorney Reading’s office,
he repeated the same story. Arraigned
before Judge George Flynn, McLaughlin

pleaded not guilty, and stated he was.

penniless. Judge Flynn appointed George
A. Douglas to handle McLaughlin’s de-
fense.

OUGLAS, a shrewd, capable attor-
ney, immediately launched a series
of legal moves to prevent an early trial. A
shakeup in the district attorney’s office
was by no means a hindrance to Douglas.
Reading went out with Assistant D. A.

By noon, after extensive telephoning,
the detectives learned that Sorrells’ Lib-
erty ship was tied up at Jersey City.
They went over there and talked to two
of his buddies.

The Long Beach seaman turned out to
be a “right guy.” Respected by his ship-
mates, no one ever tangled with him.
This was due to his size. And Sorrells,
aware. of his physical ability, never put
it to wrong use.

DeMario and Duffy learned he had a
girl in Philadelphia, where the ship had
previously docked, a thirty-day leave,
and a wallet containing more than $800
in back pay and bonuses.

The detectives stopped worrying about
the motive. :

“My hunch that the guy was phoning
is getting stronger every minute,” Duffy

»

Bushnell moving into the prosecutor’s
stot.

But Sherlock and O'Neil were not wor-
ried. No matter what form of-trickery
Douglas had up his sleeve, there was no
getting around Kane’s story and the posi-
tive identification offered by Assistant

Cashier Mains and Operator Baker when'

they pointed out McLaughlin as the man
in the green slicker.

On the morning of January 6, 1927,
McLaughlin’s three accomplices were
executed. :

On March 31, Peter J. McLaughlin
went on trial. District Attorney Bushnell
prosecuted the case in a fiery, brilliant
manner. He presented an iron-clad case
against McLaughlin. There was the un-
shakable testimony of Kane, the positive
identification by Mains and Baker. There
were the confessions signed by John J.
McLaughlin, Devereaux and Heinlein.

On the stand, McLaughlin, poised and
in a matter-of-fact tone, told his story. He
admitted planning the carbarn robbery
and later sharing in the loot. But as
being the man in the green slicker that
morning, an emphatic no! McLaughlin
said the reason he backed down was be-
cause Devereaux had been drinking, and
that on a job like that, clear heads were
paramount.

“For my own safety,” related Mc-
Laughlin, “I had to leave when I heard
that Ferneau died. But I didn’t think
that my own brother and the others would
turn against me and try to drag me with
them when I had nothing to do with the
crime. Kane was the man in the green
slicker, And to protect himself, he sold
us out for the reward.”

Attorney Douglas called forth Kane
and told him ‘to stand alongside Mc-
Laughlin in front of the jury. Both men
were dark, tall and lean. The jury ap-
peared somewhat impressed. At his table,
District Attorney Bushnell sat poker-

7
~

faced. Sherlock and O’Neil watched the

proceedings with interest.

Finally, when Douglas began his sum-
mation, he did his utmost to hammer
home the point that Harry J. Kane, the
man who had sold out his pals, was the
man in the green slicker. He pictured
McLaughlin as a cool-headed, fast think-
ing bandit who had more sense to commit
a robbery with a drunken man.

“IT demand nothing but absolute ac-
quittal for my client,’ Douglas told the
jury. “The man in the green slicker was
Harry J. Kane!” .

The jury retired. The verdict was
finally reached. A hushed and solemn
courtroom looked on as the clerk asked
the jury foreman:

“What is your verdict ?”

A cough in back of the room echoed
like a sharp explosion.

“Guilty !” said the foreman.

McLaughlin’s mouth tightened. Doug-
las shook his head.

“Guilty in what degree?” the foreman
was asked,

The foreman hesitated. “Second degree
murder,” he said suddenly.

Douglas straightened up and _ talked
rapidly with McLaughlin. It was ob-
vious what Douglas now planned to do.
He addressed the court:

“In behalf of my client,” he said, “I
waive all exceptions.”

That was that. By waiving all excep-
tions and accepting the verdict of life im-
prisonment for his client, Douglas made
sure that McLaughlin couldn’t be tried
again as being an accessory before and
after the fact of murder.

It was felt by Sherlock, O’Neil and the
rest concerned with the case that Peter
J. McLaughlin would have burned in the
chair if his three pals had lived to testify
against him.

Editor’s note: For obvious reasons, the names
Rita Kane and Harry J. Kane are fictitious.

Homicide By Telephone

[Continued from page 43]

told his partner as they headed back to
Manhattan. “Let’s drop in on the identi-
fication men.”

Half an hour later they had more
than a hunch. Two fingers of Sorrells’
left hand had been found “on one of
the telephone receivers. There were
other prints too—not his—but they didn’t
match any in the criminal files.

The detective pair hustled back to
Henry’s Bar & Grill. The proprietor
and his daytime bartender were on the
sidewalk, arguing with the police guard.

“The joint stays closed, Henry,” De-
Mario told the owner. “A guy was mur-

‘dered here last night—and he was work-
ing at a wartime job. We're not through

with the place.”
At the detective’s order the disgruntled

proprietor opened the front door. De- ~

Mario went directly to the phone booths
and took the numbers of each instru-
ment. ,

“I’m not sure where our boys got the
fingerprints,” he said to Duffy, “so we'll
check both.”

Locking the grill again, the partners
went to the telephone building and talked
to some officials of the company.

A number of calls were made while
they waited. Finally a slip of paper was
handed DeMario.

“There was a long distance call from
one of those grill phones last night,” an
official told the detectives. “All the data
is written down there. You'll find the
operator who put that call through at the
Canal exchange after six tonight.”

DeMario read the information and
saw it contained the Philadelphia num-

65


Oo Fe
“mn?

* oe
Pe

OLD-TIME NEW ENGLAND

THE BULLETIN OF THE

SOCIETY ror tae PRESERVATION or NEW ENGLAND ANTIQUITIES
. * wae)

A QUARTERLY MAGAZINE

DEVOTED FO THF ANCIENT BUILDINGS, HULSE:OLD FURNISHINGS DONIESTIC ARTS. MIANN
_ . NG? VEST: . wNPRS
CUSTOMS AND MINOR ANT. UUITIES OF THF NEW ENGLAND PEOPLE

VOLUME XI JULY, 1920 NUMBER 1

A SEVENTEENTH CENTURY NEW ENGLAND HOUSE

THE PARSON CAPES HOUSE AT TOPSFIFLD, MASSACHLUSETT

By DonaLtp MILLAR

4 TL 6s =
1207 /}0¥ ef Measured + tome oat ; vv: ’
% 7 . ~ es oe) 0 > : g COosortir2. r pred (S20)

T Topsfield, $$
Ops ae ssacniusetts, not read the follAwin: i Q
| my shuse he tolwwing lines carved ther
4 yen Salem, May be seen one two centuyfes ago by his affe fam :
of the best preser’wi houses of dock: so ovens
the earlier Colonial PeridXi: :

England. It was built in
the Rev. Joseph Capen
been called a short time before
the et church, and every chi?
in the village calls it the “} ms :

a the ** Parazon fe Parson's i
Capen house,” the name by wl an it eemtlie : a uneoubted!
papam theuses tt nn a hoa s weil built, even for his day, andi
an a Snow for genera OF Lane Losw¥esscs architectural sett hacen
ee ntide a die er ve ved that the unkmgwn on other existing dwellings.
with favor on tt par idnot look The sekond story widely overhang “H
leap i ol - by conga owned front an the garret floors project ‘
pes town - a she came from either end\and all are supported is

le well-to-do Appleton famiis Ds- a\\wooden_ br. A
wich,the frame ofanew house ae sn Snore \ ene rere: tomer
— ne PSE as gable ends have wide ‘verge boards’
trai ed on a_fnall knoll leside the and carved “dPaps” | t i sag
raining fielf. The honse now is ners of the h m tbe teens
owned by. he local histori } socic ty “ on! t eS . ou * In fact, about

1 byfAhe “ocal historic2i society ne only architectiwal fe: of th
Sec tarehily resiored in 1913 by veriod that j 7 aw BN one i a

s Setretary e 7 a) -* fictl § Tile ’ @Q sal C acx i -

ae y, George Francis Dow. ‘peaked window” on edhe 3 > of the
e Parson and his bride sleen, side byt ioe aed ee a

i | os :
side. 3 ys chimney, pushin; See
ide, in a hillside burving ground not cteenlu nit ishing Gao avd from the

Mr.‘ apen. that revered man
did tha faith of : : :
oO did the faith of Christ maintain

nan, and Godly too.

: ett dace woe :
None will Jeny this who him knew

1

far awav sa frie toad tee
and on his headstone may be Pic houses that were built
uses that were buidiv the

ir,
—
a)
‘
me, |
w
a
y
‘

‘tf Lie . ~
~~ f ~ i we > ? 2 * >»
f - 1 fa H a
i p i r / 5] I F] 7 f &

“2 ~< av, is 7 - > Je * >

AND

A

a.

Wit puis i in WA

PARK WAS TEVNGE DOIN &§ TAIN

By CHARLES IKWNowls 5 Bor ron

>”

Livrarian of the Boston slivrenucrin.

Uk old houscs are more than
() beams and plaster, although
itmay be that ner etten can
we recall the events that have hallowed
them or made Chem famous. They de-
serve a better rate, for thev have sur
vived the storms and the ruthless hand
of nan through the fest two CeENtLUTICS
ormore. Now and. then, however, we
can picture a scene within or near
ach a dwelling. Not far north of the
Coopers Austin house en Linneean
Street, owned by our Society, stoed
for many years the gallows, from which
the rise of land in that part of Cam-
bridge took its name.

Letus vo back in imagination toa
= ; erat aften yan the year l77d
Professor Winthrop. standing by the
country road, heard a great noise and
soon saw a tude fed drawn by strong
horses and bumping along the uneven
road. On the sled were two negroes,
a fellow of thirty and a woman per-
haps much — older. At last) they
reached the hill, followed by a motley
mob of yelling men and boys. The
black fellow was quickly pulled up te
a gibbet and kit to die while the
crowd gathered about a large stake
driven into the ground about thirty
feet away. Here they bound the
terrified negress, piled fagots about her
and applied a torch. She was soon a
pile of ashes an charred bones.
The man was cut down and later
hanged by a chain to a new gibbet not
far from Charlestown Neck, where his
body interested Dr. Calcb Rea,
three years Teter, ond furnished a
tradition that jogsed the mind of
Paul Revere in April 1775.

What a scene for the eccupants of
onr ancient horse rear the vallows!
How many ques hors they must have
How many phases of thie
hornik event they must have dis-

1
,
‘

HALL -FORGOT PEN TRAGEDY OF L755

an Bt RSE NE

bhi STARE IN CAMBRIbDG8 LND

me

CussCil. blad thie VeVi
the man, Whese namie wos Aiark?
Was be imore of a erituinal tran

Phillis. the woinai?
become of Phoebe, the wean -
confederate? ATL these que-te ms
iWUst Have asked each Gti. yrs
ereat question that literes.s Us. la
they could have answered 2. tach 3
their eves: Was Phillis soe
barn until she dicd or Was >.-¢
ustiadke happened? strand 07" 4
rope .iiached to the post and pas-en
about per neck? Such a scene may
seem to some readers too grucsuih
for thought, but our ancesters
ready: at all times to face realities.
Ita lig meat Hcy weinTz Tt
see cy anunal
safety thev were willing to striae ir
ror-into the hearts of possible es.
doers.

The event on Gallows Hill was
course ‘the last act In a suce.-s8iei.c:
dark and desperate aeeds. Mark for
a long time had resented the severe
discipliae of his master, ©. ptain John
Codman, the saddier, sea-cap 34
merchant of Charlestown. He h
tricd toreduce the Captain to per

by burning his property in crce

In diatC

t
be

~y
t

force ian io sell his slaves to aze
master. This plan failed. So in
dark low-studded kitchen of the Caz-
tain’s house Mark sat
night, thumbing the

proud of his ability to read. by ee
sat Phillis and Phoebe, awed no cou
by his superior learning and his
reading of Scripture passages. =: =
asserted that he had I d

‘

*SSLI-gt-6 Uo fesse fuMoySeTTeYO peqnoexe (BeaeTS) sstTAUd » eH “NVHCOD

Bible that it was no sin 1
if no bldod was shed. "ison the

¥ . ae a + © 9 . ‘2 St ibs vr N -s
fore was a stutable Wearon. More-
over it was commen gossip among?

slave class that a cruel master

been done to death by this mete

12


ae

and the perpetrators of the deed had

« zone dupunished. oe .
Mark visited Dector Ciark’s neera
Rebbin, at the North End of Boston,

i taiked over his plan to get rid ot
Captain Codman and asked for ar-
scenic. Many were the secret mect-
ings to arrange for obtaining the
powder and to agree upon a likely
storv. The powder was to kill three
| nivs belonging toa slave named Quaco.
the conspirators on one occasion inet

at the pot house, they separate} and

met again at Mr. Waite’s slaughter
house; the friends hid in a Lane near

the Long Wharf while Mark went
poldly into Mrs. Sheerman’s to get a

mug of toddy, and in the Lane they
drank together. On another night, in
desperate need of more arsenic to
complete the murder, Mark sought
Robbin in Boston, passed him in the
Ferry, and played blind man’s buif
as he relates, all the long dark evening.
iii ine kitchen, day aiter day Sav
Captain Codman, at his littl round
table, eating his water gruel and
drinking chocolate. Sometimes his
j food was gritty and he called his
daughters Molly or Betty to account.
But they wereasignorantashe. Here
is Phillis’s own picture of the tragedy:

a

save ine the first Powder. then it was put
into his Chocolate. by Phoebe. The next was
sso put into his Chocolate bs: Phoehe on the
next Wednesday morning, an] I thinking she
put in more than she should, told her her
hand was heavy, and there was no more put
in, that, I know of till the next Fryday, when
Phoebe put some into his Chocolate. and my
Master eate the Chocolate all the three times
aforesaid in the Kitchen, and I was there &
saw him; The. next was on the Saturday
iollowing, when I put Some into his Water-
sruel, but I felt ugly and threw it away, and
made.some fresh, and did not put anv into that.
‘ne next was on the afternoon of the same
Saturday, I made him some more Watergruel
® pour’d some of the Water out of the Vial
‘nto it, and it turned yellow, and Miss Betty,
ask d me what was the matter with the
Watergruel and I gave her no answer; but
that was thrown away, and more fresh made,
tN Miss Molly was going to put the same
3 umbs in again, and Phoebe told her not to
“0 it, but she had better put in some fresh

lumbs, and she did; and no Poison was put

“ea gih eras
sm, 9 oy Ge P <S Pa alent Peg < fon p
EIA eerie A Cis tne et CA Rar RO COM np nel BES 3 eY oe

Pi we itn vg

into that: It was by Phoebe's advice that I
put it into the first this afternoon. And he
had no more. that T krow of ‘till the next
Monday night, when Mark put some of the
Potter’s Lead into Muaster’s Sazoe.”"

Philhs testified in) court. during
this trial for murder that she had been
led to commit these acts by Mark,
and Mark appeared in his own tes-
timony as an innocent and unsuspi-
clous messenger bov, carrving sealed
packages froin) Rebbin = to Phillis.
The honorable judges swept their
recrininations aside — and here is
the order of the Court to the Sheriff:

“We command you therefore that on
Thursday the Eighteenth day of Se; tember
instane between the hours of one & Five
o’Clock in the day time vou cause tle said
Phillis to be drawn from our Gael in our
County of Middlesex aforesaid Gwhere she now
is) to the place of Execution and there be
burat to Death & also that on the same day
between the hours of one and five of the Clock
in the day time you cause the Said Mark to
be drawn from our Gaolin our County of

Middlesex aioresaid «where he now is to the
place of Execution & there be hanged up by

the Neck until he be dead, & for so doing
this shall be vour Sufficient Warrant—”’

The record of the awful conclusion is
thus simply given:
“MIDDLESEX ss -— September the 18,

dd

1755.

“T Executed this warrant as above
directed, by causing Phillis to be
burnt to Death, and Mark to be
hang’d by the neck until he was
dead, between the hours of one and
five a Cleck of Said day.

“Ricu’D Foster, Sheriff”

The reader may ask why Phoebe
was deported and not burnt or why
Robin and the host of shadowy slaves
in the plot left no record of punish-
ment. Perhaps the court and the
public, after the execution of Mark
and Phillis, had had enough of pun-
ishments, and remembered the ad-
monitian that ‘Vengeance is mine,”
saith the Lord.

The present day visitor passing
along Linnaean Street of a summer's
afternoon sees our old house standing
in the shade of ancient elms, and

pleasantiy surrounded fw grass and
flowers. Tt gives the impression ot
being now, and haying always been,
the abiding place of all that ts peace-
tul, quiet, and homelike. Doubtless
It Was just as fascinating a house on
the day of the above described tragedy
and had even then similar pleasant
surroundings. What an incongruous
object on the Tandscape must then
have been the eallows, sonear at hand,
at the crest of the rising ground to the
north. From veneration to genera-
tion the children of the household
must have been present at executions,
which, in our time, the elders them-

14

selves) would shrink from seeing.
Yet we know that according to the
custom of the time parents trequently
took their children to fust such grue-
some sights that they might learn
respect for the law by witnessing the
horrible results of its transgression
Probably in ano wav does the past
sccm turther removed trom the present
than in such executions. ‘The good
old days" were doubtless better than
ours in many Ways, but we may well!
rejoice that public executions have
forever been done away with = in
Massachusetts.

PROM OURBEC

In 1763, 2 Madame Dodier of St.
Valier, near Quebec, was convicted
by the British military authorities of
murdering her husband by pouring
molten lead into his car while he lay
asleep. She was sentenced to he
hanged and her body was then placed
in this gibbet (probably made by
some local blacksmith) which was:
suspended from a pole at a cross-roads
near Levis church, across the St.
Lawrence river from Quebec, where
it remained for a long time as a warn-
ing to evil-doers. Finally, with its
ghastly contents, it was interred, but
in 1850 was exhumed and <o!d to the
Boston Museum formerly on Tremont
Strect.. In 1899, at the dispersal of
its collections, this gibbet was trans-
ferred to the Essex Institute at Salem.
where now it is exhibited,

ve ee |

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BAe ee ae ee airs " shiape.
EE LEAS UE NR INS fe FPF Oe Bag sash TIS! SN

HISTORY OF PLYMOUTIT. © © [1725-28

appear before your honor, thut he may be dealt withall as acs
cording to the directions of the law. se

Joun Dyer; Tov Clerk, ; , é

Plymouth, Dec. 30, 1724. A os 7
1725.—Kingston set off from Plymouth. The north or Jones’s

river parish renewed their petition to be set off as-a town. It ©

was negatived, and three agents were chosen:to. give in their
reasons to the general court for their refusal, This petition was
made a subject of animated discussion, which was continued at
several town-mcetings; and at length the following persons
were chosen agents in behalf of the town: Josiah Cotton, Esq.,
John Watson, Esq., Mr. John Dyer, John Murdock, Esq., and
Deacon John Foster. They were ditected by the town to op-
pose to the utmost in their power the prayer of the petitioners
being granted; but subsequently they were desired to meet &
committee from the general court at Jones’s river to determine
the question. But the separation was strenuously opposed in
town-meeting on the 9th of May, 1726. Inthat year, however,
the ‘age was decided, and Jones’s river parish was incorporated
by the general court into a town called Kingston.

In town-meeting, December 25, 1727, a petition was present-
ed from the town of Kingston requesting the town of Plymouth
would repair wholly or in conjunction with them the bridge over
Jones’s river, which was rejected. In the same year, the town
voted that an alms-house be built for the benefit of the poor of
the town, and a committee was chosen to advise with the select-
men about building the said house. A

1726,.—March 13, voted in the town-meeting, that a reward
of ten shillings shall be given to any person belonging to the

‘town, who shall kill a wild cat within the township; and Jobn
Watson, Esq. and Mr. John Murdock were appointed to receive
the heads, and give orders on the treasurer for the payment ©
the money. The next year twelve pounds were paid for wil
cats’ heads. os is

1727,—In town-meeting the selectmen with Mr. Watson, Mr.
Murdock, Mr. John Barnes and Mr. Stephen Churchill were
chosen a committee to provide a suitable place upon the com-
mon to erect a gallows for the execution of the condemne
pega. Elizabeth Colson, a mulatto woman, for murdering
er infant child; and she was executed in May. a
1728,—May 13th, voted ihat the town will take their pag
tionable part of the sixty thousand pounds cg emitted by the
general court, which is five hundred and eighty three pounds and
five shillings, and that it be let out to the inhabitants of the

town, on personal security to the trustees with a sufficient surety) =

~ 1799-85]

by Thacher 13 fea.

HISTORY OF PLYMOU‘TT. 173

and to have it at 6 per cent. per ann. No person to have more

than 30 nor less than 20 pounds. The money to be let out ac-

~ cording to the discretion of the trustees, who are to be allowed

ten shillings for letting out, and twenty for receiving in every
hundred pounds.

1729,—It was voted that every householder shall be provided
with a ladder reaching from the ground to the ridge-pole of his
eal and have @ hogshead full of water in his yard, in case of

re.

1730.—The atewive fishery at the brook in this town, had
long been considered as of considerable importance, and proper
regulations were from time to time provided to prevent the
destruction of the fish. ‘This year it was ordered, thet, in order
to prevent obstructions to the alewives going up the pond to
Spawn, no person shall take more fish from the town brook,
or Agawam river, than are absolutely necessary for their fami-
lies’ use, and no person to take any for a market, on a penalty
of 20 shillings for each barrel. A committee was appointed to
see that families were reasonably provided for, and the poor
supplied.

1731.—November 9. The inhabitants of Monument Ponds
petitioned to be set off as a parish, and after due consideration,
it was voted December 9th, that the inhabitants of Monument
Ponds be a separate parish, and their bounds were surveyed and
described accordingly.

A mortal fever prevailed in Plymouth; there was an instance
of eight in the connexion of one family who died at that time.

-1731-2,—John Watson, Esq. expired September 9th, aged
about 43 years. He was a useful and respectable inhabitant of
the town, transacting much business, and_ affording employ-
ment to a large number of poor people. He was supposed to
possess the largest estate of any person in the county, and was

charitable to the poor and destitute. Mr. John Watson, son of:

the above, died in January, 1753, at the early age of 37 years;

and his wife having died before, they left three orphan children,
_two sons and a daughter. One of the sons was the late John

Watson, Esq., the second President of the Pilgrim Society.
The town voted, this year, to choose a committee to procure

anew bell, the old one being cracked. Jt was agreed that the

bell should weigh: about 300 pounds, and at the meeting, John

Murdock, Esq. offered to give the town 50 pounds-weight in the.

bell, in addition to what the town had voted.
The following mark of a run-away whale wae recorded by
Benjamin Rider. :
The said whale was struck by Joseph Sachemus, Indian, at
onument ere November 26th, 1735. There were several

NOS'IOO

6 y
4

LeLT/Se/S *ssew *yqgnowsATg pesusy fyoeTQ S4u4eqEeZTTy


i a

- COLSON, Elizabeth, black, hanged Plymouth, Massachusetts, May 27, 1727.
“1727-In town-meeting the selectmen with Mr. Watsn, Mr. Murdock, Mr. John Barnes
and Mr. Stephen Churchill were chosen a committee to provide a suitable place upon the common
to erect a gallows for the execution of the condemned prison, Elizabeth Coolson, a mulatto

woman, for murdering her infant child; and she was executed in May.”-History of Plymouth,
by Thacker, 1872, p172.

htt hhh hahha L bb bb bE bLL LTE LLLL iLL TLE TT LT TET TTT TTT reer rer rrr Terre et

The exact date of execution was May 25, 1727.-Minutes Books, Massachusetts Superior
Court of Judicature, Massachusetts State Archives.


28 / Prison Memoirs

L. Crockett, Who Was Executed for Arson, March 16,
1836. 3d ed. Boston: Boston Society for the Promotion
of Temperance, n.d. 24 p. DLC Rare
Boston Jail, Boston MA
This temperance pamphlet has a few lines on Crockett's
visit with his wife through a grate and his remorse for stray-
ing from sobriety.

78. Crowe, Patrick T. Pat Crowe: His Story, Confession
and Reformation. New York: G. W. Dillingham, 1906.
252 p. NN .
*[llinois State Penitentiary, Joliet IL
*Missouri State Penitentiary, Jefferson City MO
Crowe blames his and most criminal behavior on lack
of opportunity and familial love, and condemns the universal
criminality of the rich who are never brought to justice.
Several documents related to Crowe and his trials are in-
cluded; among them, the text of attorney Albert S. Ritchie's
address to the jury in his kidnaping case.

79. . Society's Prodigal New York: J. S. Ogil-
vie, 1919? 119 p. DLC
*Missouri State Penitentiary, Jefferson City MO
This is a story of a lonely prisoner who meets a beau-
tiful girl through the mail. She helps him get a pardon, they
marry, and despite societal prejudices against convicts, he
amasses a fortune. Melodramatic and mundane.

80. . Spreading Evil, Pat Crowe's Autobiography.
New York: The Branwell Co., 1927. 331 p. DLC
Cook County Jail, Chicago IL
*Illinois State Penitentiary, Joliet IL
Dow City Jail, Dow City IA
Crawford County Jail, Denison IA
*Missouri State Penitentiary, Jefferson City MO
St. Louis Workhouse, St. Louis MO
Douglas County Jail, Omaha NE
Crow spent twenty years killing, robbing, and kidnaping.
The numerous punitive terms appear as part of his life's
momentum, though the work closes with his personal reform.

81. Crump, Paul. Burn, Killer, Burn. Chicago: Johnson,
1962. 391 p. MiU
*Cook County Jail, Chicago IL
Near the end of this novel a young Black is found guilty
of murder and sentenced to die. After a few days on death
row he kills himself by opening old wounds.

82. Culhane, Charles.
unpaged.
*Green Haven
This short mimec
Culhane and line drawi)
inmates.

83. Curtis? Five ¥e:
Anamosa Prison,
*Anamosa Pris
Jailed for bigamy.
prison physician Dwight
morphine habit. Discu:
liam A. Hunter, who c:
established a press, an
1896 fire and some not:

84. Daily, Starr (pseu
Los Angeles: De’
This introspective

from selfish cynicism t

The author faces the de

shows numerous examp]

suffocating atmosphere

85. . Releas

p.- DLC
This begins &. ’

servation of the author’:
prevented him from ben
Comments on the difficu
and on social attitudes 1
gives a disarmingly sim
ligious conversion, recc
reformation.

86. . Throug
New York: Double
Based on journal «

87. . The W:
Hampshire: Chu |
Inspirational religi

selflessness, stability; |

er's life and service in
tal.


E hele | Loatie, Haae | F-L6UI6
bad AL 6 Wh [ze ee ain FE Zou, M

RECORD

CRIME ead Mattei a <9


fey

OU Mestrpe pep Gerappeegy =

Hite, Prial and Confession of
SIMEON LL. ¢ ROCKET TT.

Who was Beeeuted at Poston, Aor Neson, March 16, ISt5

1 i] Sa ' A Runes 2 i ‘
Vf, htrwes bern at Dishem. in the state

ve isee, He commenced lenrnane te

trode of a wheelworedy, With a brother, but did) not gry).

ittte stot recudaedy
lowed! Comins wath
the trade lie five port
Met with wn aeenent any

of hay,

and was thouehe |

for ab seventeon Vears of nee. die fal
his father, rune, at tities, Worked at

ly le:

trot. Before he was of wee. hie

Sipps from on Very Puch lewd

Wohuis physiean. and was found

SIMEON E. Chock EP, 115

ei! re cer. rere

Wmmemansaeses re eseeem ees esee ees fie eee etree nes Oh Ree cee cwwens cee

todiave reeerved: can yy tren who doo eer wholly
recovered amd tops hivhty preho dite thot bee suthered! froma
Me tberestne ds date. cred wees more easily a theeteed Py thee gator
tuiniate fisabat dee tind erly forged ot tsar pete pe eter
liquors, Us fee stitedd tothe writer that. Dect eoftepe pay cteed
torah se Ath dhe formed the Carat beabat ot eresdaterd Ven
Of aves and bes ever cameo continmel a comederate rink
er.

Heowas ones an busines. with a brother. an Tn
Virine, where he was cntortanate, farted. amd: sion agter
left for Windham: how lone he remained Chere as unercs
tam About this tine de was qnsrried. aid residecl one
Bansor where he tellowerd fis trade till Mae IS35 when
he lett tor Boston aa timber vessel whieh wes uylocded
at Pinehon. where he soon after Shipped for a miaechere!
fishing trip. and wos gone several weeks. dn Aueust. he
fell in with his companion in guilt, (Stephen Russell)
hear the Seaestreet bridwe. leading to South Boston. Phe
sever} times went below to fish. and were onee cone all
might. "Phey had ardent spirits with them. and. as. he
states, used them freely. Crockett worked on Mr. Bern.
son's hose about sis weeks. and lett ham a month before
he sepitentire. He was often urged by Russell te eo with
him to the meet of whatis ealled the © fen hour nen
aconeern in whieh Russell Appeared te diave been mach
enuaced: and Crockett boarded for some time with tassel
at South Boston. was frequently with Terre. canned prortiens.
larly on the Sabbath, spending his time, as too many da
in idleness, or at taverns. They went tone plaice of wor
slup. Since Crockett eame to the eity he never entere da
charch, exeept that he attended lecture one evening.

On the 22of et. Croekett met Hiram De Freeman
at Mr. Titeomb's shipping offices. Broad street, where he,
Boo had) shipped te ge te the Chesaperke — Phey prussed
some time tovether. and took tea oat South Boston wath
Russell.

In what way they proceeded te do the awthl deed for
Which their lives were fortheated: ennnot be better explained
than by the extract whieh will be given) from the inter


L1G - SIMEON 1, CRocKETT.,

Wer sene SOAR Sem eee ees ae

i tO erate ne
esting trial, as reported in the Boston Statesman of De.
Cember 26th.

Nuprome Sudivial Court.

Boston, Tuesday, Dee, 15, 1835.

Nineon 1.4 rocked and Stephen Russel Were jointly
indicted for designedly, ‘feloniously, maliciously, and
Wickedly, setting fire to and burning’ the dwelling-house
Of Joshua Benson, sitnated in South-street Place, on Has.
k, on the hight of

October 22, S35. Mr. Benson was not himself an cen.
PAN of the house, but it was inhabited by
twenty Trish families, CONSIsting af ane hun
hundred and hirenty porsans- men, women,
The house Was built of Wood, Veryslarge, ond ofa quad.
rangular form. with a courtyard between the {Wo Wings
in the rear, The fire was first discovered ina cellar, near
the corner, on the south side of the building.

‘pou the motion of Russell s counsel, the court granted
separate trials to the Prisonors, and on Tnesd

cember 15, Crockett's trial commenced,
until Thursday evening.

‘hen the jury were iMpannelled, Vy. Parker opened
the ease for the Commonwealth, by explaining the seven
counts in’ the indictment, which variously leged the
Ownership of the building burnt—severally deseribing it
to be the dwelling-house of Mr. Benson, of of certain of
his tenants, or of the Mortgagees, or of Mr. Benson and the
MOP ragees jointly. After reading the law, defining the
erime of arson, and the statute of TSog, reseribing the
“Punishment of death for setting fire to a Welling Kee
inthe night time, there being Persons lawfully within such
dwelling-house at the time. Mp. Parker ehtered Into a
Eeneral statement of the evidence to be introduced to sus.
tin the indictment. The first witness called was

Joshua Renson—ow ner of the building.
to the collar was by steps ontside, and the
ening to it. The fire commenced either in Ryan's or
O'Brion's cellar, under OF Bricn’s room. The two cellars
Were separated by Planks-—one of twe of the planks were

Nineteen or
tred, or one
and childres,

ty morning,
and continued

The echtrance
re was no fast.

SIMEON L. CROCKETT. 147

down, so that the fire could go right riven i ago ind
ee iti Sw , t, une e
T was wholly burnt,
ulty. The partition an oe
aad Gabe shine nearly all consumed. TD knew Cree “A :
y 4 ’ * fe
about two months iad whalf before, He eam si ue a4
employ asa carpenter. He ete about ai sh
3 nt
di at was burnt. He left me abou
the building that was br | Nr Spies onan
> Ie ywithont telling m
before the fire. He left me ci
i : ¥ ught of discharging him.
ong. Before he le ft, Pthe y harg h 2
had hot said soto him, or had si disagre ement w tg nag
He left ona Wednesday. I hac pts him a " per
urday before. He did not eome - his pay io a sed
i é se H at sagen: .
ve sheen paid. We were abo
days, and never has Schl be as
i she it some days while he
I considered as he had lost se Riad _
: ‘e days Phad not paid him for m:
for me, that the three days en
refi Knew my apprentice, iran Py.
about equal, Crockett Knew my appr EF alos
yuson. T thought he was more intimate wi te *
than the others. Ferguson is not with me now. He n
since the fire. -
Philip O Brien—1 lived eight weeks and three a s bs
the house that was burt. | paid fifty an lived pera
—Wwas to pay rR Sra tl aba Pe be 7 ab ‘i shi
i . tnd my three children, ;
till the fire turned me ou meet
i ick calle ‘three times before he w:
Wife. Patrick called to me | rs
ashed j ywindew, and the nois ‘
me. le smashed in my Taw, rae Si
: Pdast chil ont. the floor o pats
ine. Before Te got my las ve fe toe prt
age was on fire, Shavings used to fall into the cellar
free thee Wing. when they were at work on
from the top of the building. Tor y if hie Phe: Nig
* buildin: ad scen Crockett three or fo s bx
the building. 1 had bake hee
fore, when he worked on the nuilding. _
the cellar that day. Phad two feet of wood in it. ‘
Jaines Pesach, lived in the Prone Re - pat
i . ’ Now ffir. ff vetoup looked. one,
ide. Weard them tia! : " 4
The fire Was crossing over towards our Wittdows from ae
cellar, DT saw Crockett at the hack door, and he ow eh
. : ; ; é 5 . "ge ©
to help ime carry my trank of b said. a rc -
more help Mready thin we could cent lorie with. : es
Crockett hefore After that Psaw Veitas helping other ‘
: be Sy . .
There was an ensine there When D saw Crockett, and the
bell of the engine was riety, ae
Patrick: County lived in the house. next to O Brien’s.

—


ch.

“Do you think you can identify this woman for us?”
Dennessey asked.

Haldoupis swallowed several times.
finding of the body.
“Maybe,” he said.

The variety store proprietor had to be assisted from the
morgue after viewing the woman’s body. Dennessey waited
for the man to regain his composure.

“Did you recognize her?” he asked finally.

“It's Mrs. Arsenault,” Haldoupis mumbled. “She once
owned the house. I thought she had gone away some place.”
He covered’ his face with his hands and shuddered.

“You're positive of that?”

“Positive.” Haldoupis answered.

From Haldoupis, Dennessey learned that Mrs. Alice Arse-
nault was an attractive, educated widow, who had run’ the
rooming house in prosperous fashion for more than a year

He’d heard of the
He nodded his head like a doomed man.

prior to Christmas of 1920, at which time she “went away” -

and the house was sold to Mrs. Saulnier, who stayed less than
two months and sold it to Galvallis, the present home owner.

Dennessey halted his interro-
gation of the store proprietor to
assign six detectives to track down
every person registered as a guest
in the rooming house during Mrs.
Arsenault’s tenure as landlady.

Seated opposite Haldoupis once
more, Dennessey asked the age-old
question that has solved many a
murder. “Any men you know of
that were interested in Mrs.
Arsenault ?”

Haldoupis thought for a long
moment. “Well,” he said tenta-
tively, “she was a nice lady. She
never talked much to me or any-
body else. I guess she had lots
of money at one time. She wore
fine clothes, and her hair was al-
ways done up nicely. Once in a
great while she would smile and
she had real nice teeth.” Hal-
doupis stopped. “Men?” he re-

peated Dennessey’s question.
“There was one. J thought when
they first came here they were
married. His name was Paul
Pappas. Later I found out they
weren't married.” —-Haldoupis
laughed. “But they fought like

they were married.
were in love.”

“Who is this Pappas fellow ?”
Dennessey asked, im mediately showing keen interest.

“He’s the one that told me Mrs. Arsenault was going away
to Canada to see her children. He told me on the day after
Christmas. I remember Pappas came into the store and
bought some cigars about three-thirty, and he told me she
had gone to Canada and might be there a long time.”

“What does this Pappas look like ?” Dennessey had his note-
book out.

“He’s a powerfully built man, about five feet ten, I should
say, and weighs maybe 180 pounds or more. He has dark
wavy hair, dark skin, brown eyes, a nice smile, and I guess
he’s kind of what you would call a ‘ladies’ man’.”

Dennessey remembered the name of Pappas as one of those
he had seen on the register during Mrs. Arsenault’s tenancy
of the house. He issued immediate orders to scour the city
for Pappas. ;

Five days passed before the first break in the case came. At
that time detectives located another former tenant, Michael
Di Costas, living in Shurtleff street, Chelsea. Di Costas
reiterated much of what Haldoupis had already said, and
added :

40

I guess they

“Pappas told me Mrs. Arsenault was going to Springfield
and then to Canada, and that she wouldn’t be back. He said
he was going to meet her later in Montreal and that they were
going to get married and maybe bring her children back
to Boston later.”

Dennessey intensified the search for Pappas. Detectives
worked day and night for some lead to his whereabouts.
With the usual police procedure of checking gas and light
companies, voting lists and union locals, they finally located
the name of Paul Dascalakis, registered in a local union as a
room waiter at the Hotel Savoy, only a few blocks from the
rooming house. Dascalakis’ description answered that of
Pappas.

George Demeter, manager of the hotel, bore out this hunch
when he revealed that Dascalakis and Pappas were one and
the same man. He also revealed that Pappas had quit his
job there early in January and hadn’t been seen or heard
from since,

At that point the hunt for Pappas struck a blank wall. No
trace of him could be picked up by a corps of hard-working

detectives; but another group of detectives, led by Sergeant
Carey, did locate the much-sought Teresa Saulnier, living in
Worcester, some fifty miles away, and she offered every
assistance to police.

Mrs, Saulnier revealed that she had answered an ad-
vertisement in the newspaper to purchase a rooming house,
and that she talked with a man in her lawyer’s office who
said he was Paul Pappas, and that the house was for sale
for $1150.

“He had the bill of sale with him, and Mrs. Arsenault’s
signature to the effect that he was custodian of the property,
so we closed the sale by my payment of $800 in cash and a
promissory note for $350.”

Mrs. Saulnier said that she found the house too much work
for her after a few weeks and put it up for sale, and that
Galvallis bought it.

“You never saw Mrs. Arsenault then?” Dennessey asked.

“No. Mr. Pappas said she had gone to Canada to see her
children and that he was staying until the house was sold,
and then he was going to join her in Montreal and get
married.”

What
truth he
riage s¢
so far.

Denn:
gave th
to pick

ID
tha
Pappas
from th
Arsenav
over the
So fa
He had
that Mr
long tin
murder
evidence

waiter, |t
proof are
What
that coul
On Ju
the murd
and the
murder.
‘lL wor
I had to
mas Day
ting in tl
He didn”:
the oppo:
she had ;
get my |
her head-
once a y
fast.”
Was +


pees]

Paul (aka PAPPAS), white, ele

THE PUBLIC WORKS department ‘ash truck
clattered to a stop outside the five-story red
brick rooming house at 517 Columbus Avenue in
Boston, Massachusetts. Stephen F. Melia, fore-
man of the crew, swung down to the sidewalk.

“This is the place, boys,” he said. “Let's go.”

Melia had orders to clean out a winter’s disposal
of ashes from the cellar of the house. It was May
11, and while in spring a young man’s fancy turns
to love, a housewife’s turns to cleaning. Melia
found the cellar choked with ashes to the bulkhead doors.

“What a mess!” he muttered. “We'll never get through with
this job!”

How right he was he didn’t suspect at that moment.

Death waited for them inside. Death with its glazed, sight-
less eyes followed their every step as Melia and the four
nen entered the cellar. Death waited, as only Death can, for
them to discover its presence. For long hours, while shovels
were plied and barrel after barrel of ashes was lugged out
of the, cellar, Death lay patiently waiting.

Then at last Death exposed its hand.

“My God!” Melia’s face blanched and the rivulets of sweat
on his cheeks felt cold.

The laborers stopped their work and craned their necks to
see what had made the foreman’s eyes bulge.

They saw a human hand, hooked as though grasping the
last straw of life, protruding from the ashes near the north
cellar wall. From the bone hung fragments of flesh.

“Call the cops!” one of the laborers gasped.

Within minutes that ash-filled cellar boiled with the ac-
tivity of uniformed policemen, detectives from the Boston
Homicide Bureau, reporters and photographers, and finally
Medical Examiner Timothy F. Leary.

Dr. Leary studied the mute, hooked hand “briefly then
ordered all but police authorities from the cellar. Then he
ordered the body exposed to view. :

It wasn’t a pleasant sight. Decomposition had destroyed
the features. The rank odor of death assailed the nostrils of
the police and medical examiner. One officer brought a lan-
tern into the cellar. By its feeble flame the doctor and police
inspected the body more closely.

It was a woman of about thirty, De. Leary guessed. Frag-
ments of an undergarment, silk nightgown, bathrobe, and a
felt slipper on the right foot, clung to what remained of the
corpse.

Dr. Leary turned to Inspector James Dennessey, ace in-
vestigator of the Homicidé Bureau. “TI’ll have to remove the
body, Jim, and make a closer study at the morgue before I can

38

bs, fats

ND

tell you anything about the cause of death.”

Dennessey nodded. There wasn’t any doubt
that this was murder. He knew, too, that the
murderer had long since fled the scene of his
crime, which had obviously been committed
some weeks, even months before. After he
knew more about the victim, and how she
died, would be time enough to tackle the
brain-twister of landing the slayer.

After an hour’s wait in the morgue ante-
room, Dennessey rose to greet Dr. Leary,
who emerged mopping his forehead.

“Her throat was slashed from ear to ear,”
Dr. Leary said. “There are four other dis-
tinct stab wounds... One was struck with such
force that it went through the neck and
severed the spinal cord. Offhand I would say
that wound was responsible for her death.”

“How long ago?” Dennessey asked.

“Roughly three months. Maybe a week one
way or another, but three months is pretty close
to the date.”

Dennessey couldn’t suppress a low whistle. “How
old is she, and all that business?” he asked quickly,
taking a notebook from his pocket.

“She’s about thirty to thirty-three, 130 pounds, and five
feet eight inches. She was evidently attractive, brunette, and
her teeth are in excellent condition, leading me to believe she
was a woman of some means, and careful about her personal
appearance,” :

“Anything else?” Dennessey urged.

“Two things,” Dr. Leary added. ‘She has a wedding ring
on her marriage finger, but no inscriptions on the ring. - And
it is my opinion she was murdered while lying down, prob-

“Somebod
another kno
sey said, “a

ably in bed.” hunt for Mr
Dennessey finished making notes, put the book in his vest ee ie
‘ : Sa oe : : 3 thoroughnes
pocket, grinned wryly and said, “From this point on it’s my es
headache, doc. I’ll be seeing you.” : a. er
the rooming
NSPECTOR DENNESSEY returned directly to the house eee ale

of murder and was met by Sergeant William J. Carey, one
of two dozen officers at the scene.

“T’ve talked with the owner, Manuel Galvallis,” Carey
related, “and I’m convinced he knows less about this thing
than we do. He says he bought this rooming house from a
Mrs. Teresa Saulnier in February, and he doesn’t know
where we can reach her. He showed me the transfer papers
and they confirm it.” —

Brighton, pr
in the baser

Haldoupis
store for fiv
body who h
time, includ:

pepe sore oem


“Somebody in this house at one time or
another knows who that woman is,’ Dennes-
sey said, “and we've got to find him. You
hunt for Mrs. Saulnier, sergeant.”

Then Dennessey went to work, with a
thoroughness that belied his easy-going ap-
pearance. He questioned every person in
the rooming house from the proprietor on
up. This process of elimination brought him
to Gustave Haldoupis, of Upland Road,
Brighton, proprietor of a variety store located
in the basement of the lodging house.

Haldoupis revealed he had operated the
store for five years and that he knew every-
body who had lived in the house during that
time, including the five proprietors in as many

years.

CELLAR where the
gruesome discovery
was made is shown
at left, with posi-
tion of body sketched
in by artist. The
victim was an at-
tractive woman of
slightly over thirty.


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his clothes so dirty,” the tailor told In-

’ spector Dennessy, “and he said his house-

keeper had left him and that he was tak-
ing care of the furnace.”

Armed with this. and other facts uncov-
ered by investigators, Captain Driscoll of
Station Five and Sergeant Carey went be-
fore Judge Michael J. Murray of the
Municipal Court on May 12th, 1920.

Captain Driscoll left the court room
with a warrant charging Paul Pappas,
alias Dascalakis, with murder in the first
degree.

Close upon this came a telephone call
for Inspector Dennessy from postal
authorities.

“We've just got some information ow”
the whereabouts of Paul Pappas,” a postal
inspector told the detective. “We are for-
warding it'to you at once.” ’

Within a few hours a post card post-
marked “Montreal” was in the police in-
spector’s possession, together with a
translation of the Greek message scrib-
bled thereon. It was signed “Paul Das-
calakis,” the alias under which Pappas
had served time.

Inspector Dennessy scanned the fol-
lowing translation with interest:

Greetings:

I am well and wish you the same.
I want you to know I am in Canada
and don’t know if I’ll stay or not, and
for this I don’t write you my address.
I am going to write you a letter when
I stay here steady. Give my regards
to Helen and Gregory, George and
Stylian. Paul Dascalakis.

Almost at oncecame another clue from
Chief of Police William Quilty of Spring-
field, Massachusetts, who said that Pappas
had been seen in Montreal and according
to confidential information was making
his home there.

The Boston authorities acted immedi-
ately. ;

‘In the offices of the Dominion Immi-
gration Bureau, Chief Inspector Regin-
bald sat in conference with visiting law
authorities. On the desk before him were
the description, fingerprints and photo-
graph of Paul Pappas, mailed by Chief
Inspector McGarr of the Boston police
department several days previous.

“The information: which you received
from the American postal authorities is
correct,” Reginbald stated. “We have
discovered that your man is here under
the name of Paul Pappas and is part
owner of a store located on Notre Dame
street.” He paused to again scan a type-
written report before him. “On Decem-
ber 14th, 1920, he married a rich widow
here in Montreal and on May Ist of this
year opened up this store.

“The matter first came to our attention
when Eugene Sevigny, gne of our agents,
discovered that he had entered the Do-
minion without custom formalities. He

_ was ordered to report here at the bureau.

So far he has not heeded our request.”

Female Agent On Trail

maf HEN we had better act quickly,”
suggested one of the American de-
tectives. “He is wanted for a brutal mur-
der in Boston and we do not want him to
escape.”

“He has no intention of escaping,” In-
spector Reginbald replied with a smile.
“Although he has avoided his store since
our first visit, he has been kept under
observation. Pappas has just made the
acquaintance of one of our agents, a very
attractive young lady by the name of
Smith.” .

Ce Y th ciated
So REPO, Oe REPO ER a
BBS IES SC a

But the Canadian authorities acted
swiftly to cooperate with the American
detectives.

Several days later unannounced visitors
descended upon the nearby suburb of
Verdun. Inside an apartment on LaSalle
road the attractive-Miss Smith was keep-
ing a “secret” rendezvous with the dash-
ing Paul Pappas. - Outside, Detectives
MacGregor and Charrette of the Mon-
treal police kept anxious vigil as they
consulted their watches and eyed the
doorway through which Miss Smith had
vanished twenty-five minutes before.

They were acutely aware of the risks
which might be encountered by their femi-
nine colleague behind that door. They
feared that still another might learn of
this secret rendezvous and come unbid-
den—an unwelcome visitor whose name
was Death.

“So they waited with fingers gripping
the cold steel’ of loaded revolvers.

A signal flashed from the apartment.
The door opened. Miss Smith appeared.
One of the detectives sauntered close and
paused to light a cigaret. Miss Smith
passed by apparently unheeding. But the
detective caught her murmered message.
Paul Pappas was inside, apparently un-
suspecting. The girl continued down the
street. A moment later Pappas followed.
He was permitted to reach the street and
there he broke for cover. The sight of a
drawn gun stopped him.

“I give up,” said Pappas. “Of what
should I be afraid?: I have done nothing.”

After more than two years of intensive
police effort, the manhunt was over.

Pappas Is Doomed

BrcusHt back to Boston police
headquarters by Sergeant MacDonald
on September 12th, 1921, Paul Pappas
loudly proclaimed his innocence. How-
ever, when the case came to trial on June
6th, he did. not take the stand and the
jury found him guilty of murder in the
first degree.

In Massachusetts that meant the elec-
tric chair. ;

Yet Pappas did not despair. The date
for his electrocution was set for March

-18, 1923, but when the day came he

a not die. Legal technicalites saved
him.
Such measures finally became futile and
the date for his death was set for July
13th. This time there was no reprieve.
All that day he labored over a note for
the newspapers. And early the next morn-
ing while his body lay cold in death, the
statement he had prepared so carefully
only a few ‘hours before appeared:

I go from this world with my con-
science clear. I am an innocent man.
I want my brother to write to my sis-
ters and father that I am going. Tell
them not to cry. They, and all my
friends can be proud of me because
I am not dying a criminal. I am inno-
cent. Let no one cry over my death.
me are all going to die sooner or

ter.

That was the final statement of Paul
Pappas who, when the end came, had
enough of decency left to make a show of
innocence for his parents and friends.
But the officers who wove together the
damaging evidence against him knew that
he, and he alone, was guilty of the atrocity
in the cellar tomb.

(The name Simon Tumalis used in this story

is fictitious to avoid embarrassment to an inno-
cent person.—The Editor.)

he fing
gasped out «
He was cal!
ney. Mason.
home earlier
ness engage
reached.
“Tell him
happened to
Dr. Thomas!
He paused
whether or!
moment his
then he turn
secret the d
done to him
The gree
shimmered
ning as Roc
teen-story |
Parkway.

He:

ASON
doorn
cord, and bt
heels. click«
whose woc
sheen of sc
door on wh
with “Milt
gold letter
From sc
door he he
creak of <
tapped or
learn the
telephone
happened.
The do
crash ech
white, loc
Again an

Then the
spine-chil

hi

“Open u
Unifor:
running |
not budg
The dc
and call«
“Get t
into the
The s
supper t
large rir
He pus!
The pas
open.
Unpr«
eyes, t!
taken <
Spray
stretch:
failed t
ashefsk
and th
ward u
* flesh.
Beyc
uniforr
saw t!
Agnes
Ther
her e
Thom:
still bi
A hk
tectiv:


year-old James Hf, Ferneau, of Newton,
whose duty it was to keep an eye on the
stored trolleys and occasionally sweep
them, came down the barn to turn his
key in the office time box.

A young, masked figure suddenly
moved swiftly from around the building.

“What's this?” demanded the aged
watchman,

“Shut up and get back there!” was
the command.

Only for a brief second did Ferneau
halt. “Why you —!” he shouted, spring-
ing forward. He swung his lighted lan-
tern at the bandit’s head, but missed.

The thug, springing back, shricked:
“Don’t do that again—I’ll shoot!”

Then, as the old man again sprang for-
ward, brandishing the lantern, the youth
warned, “Stop! Stop!”

But the watchman continued to press
on, The sound of a shot pierced the cars
of the bandits and their victims in the
office. ‘Then came a voice moaning : “Oh,
my leg! Oh, my leg!” Sounds of a
scuffle followed.

Badly wounded, Ferneau dropped his
lantern and grappled with the bandit.
The thug, working his right arm loose,
began hammering the watchman with the
butt of his revolver. Three times he
brought it down on the old man’s head.
Then Ferneau ceased to fight and slid to
the ground.

Sound of the shot had spurred the up-
stairs bandits into activity. Whirling
toward the door, the man in the green
slicker called out: ‘‘All right. Dutch!
Forget the change. Get the bills !”

The third man began jerking telephone
connections from the walls. With a
warning to Mains and Baker, the trio
scurried downstairs, stepping over Ellery
and Wingate, lying in the lobby.

In a parking space reserved for com-

10

pany employees, a motor was racing with
a fifth man at the wheel. As the three
bandits swung into the tonneau, the
fourth man—Ferneau’s assailant—came
running out of the barns. With the cry,
“Wait for me,” he sprang on the running
board of the moving car and was hauled
inside.

A few minutes later Patrolman Fred
M. Bevins saw his red light signal flash-
ing. Calling headquarters, he received
information that sent hint racing to the
carbarns,

He found Ferneau propped against a
trolley, his life’s blood rapidly oozing
from a wound in his leg. He rushed him
to Waltham hospital. There the old man
died at 2:25 o'clock, without ever becom-
ing conscious of the fact he had failed to
save his company’s money.

Medical Examiner George L. West re-
ported that Ferneau had died of a cere-
bral hemorrhage as result of the beating.
The bullet wound in the man’s leg had
severed an artery, however, and this was
a contributing cause of death.

Check by Middlesex & Boston railway

company officials revealed that $1,429—

had been stolen. The bandits left only a
few dollars in pennies.

Masks No Disguise?

Y WEARING gloves and concealing

their faces, the bandits had made a
clean getaway, leaving no clues. But
had they ?

Baker, who stood back to wall, hands
in air, had ample opportunity to observe
the bandits and their characteristics. He
gave descriptions of the three who had
come upstairs. Of two, he said:

“Their handkerchiefs kept slipping
down, I'd know them again.”

Milkman Wingate had a good look at

Peter V. King, guarded
by two deputies (left)
who turned state’s evi-
dence, sent three men to
the chair and a fourth to
jail for life. Below—Con-
ductor William P. Baker
who identified the Man in
the Green Slicker.

bandit No, 4 before spreading himself on
the floor. He was slim, about 25 years
old, and wore a dark blue suit and green
hat, Wingate said.

The car itself in which the gunmen had
roared away to safety—had no one seen
this closely ?

Patrolman Joseph B. Lyons, of New-
ton, notified his precinct that a large
touring car, which he thought was a
Stutz, came racing toward him at 1:40
o'clock. He signalled the speeding ma-
chine and it slowed down, coming al-
most to a stop. Then he heard a shout
from the tonneau:

“Step on it or someone's goin’ to get
shot—you or the cop.”

The driver, warned, swung the car
past Lyons, almost knocking the officer
down. Because of this Lyons was unable
to get its number.

The robbery and murder occurred the
morning of October 4, 1925. A week
previously a gasoline filling station in
Brighton was held up by two men. One
of the bandits wore a white kerchief
over the lower part of his face.

A few days later a delivery car of the
Central Trust company of Cambridge.
was held up by a gang and the chauffeur
was slain.

A squad of state police and plain-
clothes officers fron’ Cambridge head-
quarters, seeking answers to these two

STARTLING DETECTIVE

Edw
the

righ
mur
thes
Ros
was

erimes
tion t
Assi
Stearn
a few
State
Edwar
Li
told t)
still a
of ma
*St
“Ther
ment
Th
tham
tervic
reach
“AK
famil
tine
said
undo
the ¢
TI
sonn
thes
Susp
to
aga’
N
yar
Ca
bile
mar

on

it
nat
ber

ha
in
thr

Al


ee ee A, Or, ce pene “ 7 tT . fo sa Ra ee ie “on Se 2 Mat ie Go ant
chad rds Vo hind dh. Noch Oe Wale y JOON w 3 ba tad © alee gt AW CL We OG AYN dws Lda IN g
“i P 4 ae 6 / ead
SAY : , rm a +AKn le ew} J f ae he
* vw © Cyril Wey Wii @ 9 & lec e Seow a Bog (Midd . & GS as / ef 0, 1927.
reverence _ tin
“ x t

The Man in the G

glinted ominou

HEELS squealing, brakes grind- in. Like thei:

V \ ing, the one-man Owl trolley masks. The fh
clanked to a noisy stop at the end carried a short

of a line of cars on Track 5 in the barns pillow case ov:
at Waltham, Mass. The man in
Ending another day’s run, Operator , “How do yo
William P. Baker fingered his watch, Awe-stricke!
noticed it was just 1:15 a. m. He was waved a mena:
exactly on time. Mains sprat
Hauling in the pole, he pluiged the The three n
car into darkness. Then, coin box under safes and beg:

arm, he made his way through the vast
shed’s half-gloom to the office.
On the second floor, behind a wire

grille, Acting Cashier William J. Mains OWNST:?

was thrusting the night’s receipts into A fourth

| yawning safes. He greeted Baker with to lic face dow
| a casual remark on the weather. “Anybody ¢
| “Yeh, it’s bad,” Baker replied, sitting “Hey, I'm t
| at a table, “Mistin’ and drizzlin’.” ing with his ¢
| The conductor began counting his “There's a
money. Only the clink of his coins and “Okay,” th:

the occasional mumble of voices down- this other fel

stairs broke the early morning: stillness. He backed

The voices below were those of Night Swinging

Foreman A. J. Ellery and Osborn R.
Wingate, a milk company employee.

Mains, pencilling his accounts on long
sheets of paper, occasionally scratched
lead across the page. This and the money
clink were familiar sounds.

Bandits Invade Office

UDDENLY there came a heavy tread

of steps. Then the scraping of a shoe
on the sill, Mains and Baker wheeled
quickly.

In the dim doorway was the silhouette
of a short man in a Jong tan topcoat, A
white handkerchief covered the lower
part of his face. Drawn down over his
brows was a green cap. Steely-cold gray
eyes peered out) from behind rimless
glasses,

From under the kerchief a rasping
voice barked an imperious order:

“Stick ’em up!”

Baker and Mains, quickly raising
hands, saw that the intruder wore white
cotton gloves. In one of these was a
long-barreled revolver, The blue. steel

<—«

Peter J. McLaughlin, the Man in

the Green Slicker, is taken into

East Cambridge Superior Court

by deputy sheriffs for trial in car-

barn murder for which three

others, including his brother, had
already paid the penalty by going
to the chair,

STARTLING DETECTIVE ADVENTL


he

‘y
THORP

ling, brakes grind-
‘man Owl trolley
MSY stop at the end
ack Sin the barns

ys run, Operator
wered his watch,
IS acm. THe Was

he plunged. the
n, coin box under
through the vast
e office,

behind a wire
Williany J. Mains
WS receipts into
ceted Baker With
Weather,
v replied, sitting
drizzlin’.”

te a unting his
of his coins and
t voices down.
orning stillness.
‘those of Night
and Osborn R,
any employee,
ccounts on long
nally seratehed
sind the money

: Office

ea heavy tread
‘aping of a shoe
Baker wheeled

s the silhouette
an topcoat. A
red the lower
down over his
teely-cold gray
chind rimless

lief a rasping
order:

tickly raising
er Wore white
these was a
‘he blue. steel

e Man in
aken into
or Court
al in car-
ch three
ther, had
by going

ETECTIVE

ty

GREEN

SLICKER

glinted ominously in the yellow light. Two more men silently slid
in. Like their companion, each wore white gloves and kerchief
masks. The first wore a cap and a long green oilskin slicker. He
carried a short revolver. The second, in gray coat and cap, had a
pillow case over his arm.

The man in the green oilskin stalked over to the cage.

“How do you get in there, buddy?” he addressed Mains.

Awe-stricken, the cashier was slow in comprehending, The band't
waved a menacing pistol, “Come on, open up !”

Mains sprang the latch.

The three men pushed into the cage, scooped the money from the
safes and began putting it into the. pillow case.

Watchman Shot

OWNSTAIRS, another scene was being enacted. -
A fourth bandit, coming upon Ellery and Wingate, ordered them

to lie face down on the floor and keep still. The men obeyed.

“Anybody else around ?” demanded the thug. The men were silent.

“Hey, ['m talking to you guys!” shouted the masked man, advanc-
ing with his gun,

“There's a watchman out in the barns,” said Ellery.

“Okay,” the bandit replied. “You guys lie quiet. I’ll take care of
this other fellow.”

He backed from the lobby. Neither Ellery nor Wingate moved.
Swinging his kerosene lantern, oblivious of lurking peril, 68-

Ue ny
A WALTHAM’S .°08
a semmnel a pe

ADVENTURES

Five men, led by a man
in a green slicker, were
tried for murder—but
one was found innocent.

The leader's trail was
found again but he said
another wore his slicker
that night. Was he

lying? Here are the
amazing facts!

BT! a

|
“ay

The jury (left) visits the scene of the holdup

and murder at the Waltham carbarns. Room

upstairs with two open windows is where rob-

bery took place. James H. Ferneau, 68-year-

old night watchman (above) was killed: when

he tried to fight off one of the bandits with
his lighted lantern.


King, guarded
deputies (left)
2d state’s evi-
t three men to

ind a fourth to
‘ _Below—Con-
liam P, Baker
Sed the Man in
zen Slicker.

ing himself on
bout 25 years
sult. and green

ie gunmen had
d no one seen

vons, of New-
that a large
iought was a
1 him at 1:40
speeding ma-
1, coming al-
heard a shout

s goin’ to get

ung the car
ig the officer
us was unable

occurred the
25. A week:
iw station in

omen, One

hite kerchief

ice,

ry car of the

Cambridge.

the chauffeur

and plain
ridge head-
to these two

RTECTIVE

information on gang.

crimes, immediately turned their atten-
tion to the earbarn job.

Assistant District Attorney Ralph W.
Stearns, apprised of the Waltham crime
a few hours after it happened, instructed
State Detectives Edward J. Sherlock and
Edward P, “Tip” O'Neil to investigate.

“Looks like the same gang,” Stearns
told the detectives, who were then and
still are one of the most successful teams
of manhunters in New England.

“Stay with this case,” Stearns added.
“Theres a great deal of public resent-
ment over these holdups.”

The sleuthing pair went to the Wal-
tham, barns, looked over the scene, in-
terviewed the four victims and quickly
reached a conclusion.

“Whoever did this was thoroughly
familiar with the layout and nightly rou-
tine of the cashier and the conductor,”
said Sherlock. “Someone in that gang
undoubtedly was a former employee of
the company.”

The detectives pawed through per-
sonnel cards, a long, tedious task. Finally
they compiled a list of a dozen possible
suspects. These names were turned over
to Boston headquarters for a check
against the records.

Next, Sherlock and O'Neil canvassed
garages. On Mount Auburn street, in
Cambridge, they found a Stutz automo-
bile resembling the one seen by Patrol-
man Lyons,

The car, they were told, was rented
on October 3, but had not been returned
util the morning of October 4. The
name of the driver and his license num-
ber were on the rental agency's books.

Two days passed. Public indignation
had reached fever heat. Police brought
in more. than fifty suspects and lined
them up for inspection by Ellery, Win-

ADVENTURES

Edward J. “Dutch” Heinlein, John J. Devereaux,
the fatal shot, and John J. McLaughlin (above,
right), went to the chair for the Massachusetts carbarn
murder, The Man in the Green Slicker accused them, after
they had died, of double-crossing him, To the right is Mrs.
Rose King, wife of man who doomed the three bandits. It
was hinted at trial she collected $1,000 reward for giving


a

COs 2 LE

4) ge

ba Py JELMe & » WO,

By LOWELL AMES NORRIS

Author’s Note: During my trips about
New England, in search of .material for
Master Derecrive, I was directed. to
Hanson, Massachusetts, where Wells S.
Elliott, 86-year-old camera man, was
once official photographer for Plymouth
County. ° . :

Searching his photographic file, the
elderly man pulled out two pictures
which excited my curiosity. One was of
a handsome, bearded man in the prime
of life. The other was an attractive
woman in her twenties, dressed in the
old-fashioned styles.

“4A photograph couldw’t do her jus-
tice.” he said. “She had the longest eye-
lashes, red cheeks, flashing black eyes.”

“Who was she?” I questioned.

“The most ill-fated woman I ever met
in all my years,” he said. ...

HERE was spring in the air as
I walked down Quincy Avenue
hill toward Fore River. The old
toll drawbridge across the river
had long been replaced; Hobart’s Mill
no longer operated. But church bells
rang from neighboring spires in Brain-
tree and Weymouth as I approached,
much as they had on that Sunday

50

morning of May 24th when two men
stood on the old bridge and gazed into
the ebbing flow of the tidal river.

Suddenly one leaned forward. A
strange, misshapen object had broken
water in the swirling current. It sank
almost instantly. A sudden rush of. hor-
ror came over the man. Peering in-
tently, he made out, beneath the sur-
face, the undulating outline of a human
form, ue

The two mer hurried down to the
bank to investigate.

A street, sparsely settled, soon buzzed
with activity; men loitering in the sun-
shine beyond Hobart’s Mill sprang. to
life; late church-goers forgot Sunday
dignity and ran to the water's edge.
As the two men plunged into the
river, a voice hailed them from above.
They looked up and saw the bridge ten-
der who waved them back to shore.
More.excited faces lined the rail.

“Get a doctor,” somebody shouted.
_“Never mind ‘a doctor,” exclaimed the
bridge tender, assuming control. “Get
the police!”

A portly man leaning from a buggy
grabbed his reins and brought the whip
down sharply upon the back of his sur-

MA 6/25/1875

ed. lp

OF THE’

4
OST

In Four Corners Inn policemen
found a tailor’s goose

prised horse. The animal broke into a
gallop and the wagon. vanished in the
direction of Quincy; a man ran for the
Coroner. Some minutes later, a second
wagon tore down Quincy hill. The
driver pulled up his horse by the side of
the bridge and sprang out. It was State
Constable Napoleon Bonaparte Furnald.
Coroner George W. White, Jr., arrived
as the Constable stood staring over the
ral,

“Tt’s a woman,” he said.

The two climbed down the bank and
waded into the water. Seizing the sod-
den object by its swirling skirts, they
attempted to haul it to shore. Furnald
now saw the body had been trussed
with cord. The Constable reached into
the water and pulled; a small, oblong,
heavy bag dripping with mud came into
view. The men’ brought the body
ashore; Furnald gave it a second search-
ing glance and returned,

“What's wrong?” White asked.

“One of those buckled red slippers this
woman had on her feet is missing,” he
replied, delving into the mud. He poked
about in the oozing slime..

White stood impatiently by. ‘“Prob-
ably got washed out to sea,” he re-
marked.

Furnald unwillingly brought his search
to an end. “Perhaps,” he commented,
wading reluctantly to shore.

‘Fhe Coroner ordered the spectators
back as they regained the bridge and
laid the body on the rough boarding.
Furnald pushed back the hood-like cov-
ering, revealing. the face of a woman.
All who saw knew that in life she had
been beautiful.

“Does anybody know her?” the

Coroner asked,

Nobody on the bridge replied. He
ordered the body taken to the near-by
engine house of Union Fire Company
No. 1 in East Braintree. Volunteers
picked up the limp form and a grim pro-
cession proceeded. Doctors Tinkham
and Forsyth were summoned for a post-
mortem examination. Death had been
caused, in their opinion, they stated, by
a bullet wound in the left temple.

The woman was entirely dressed ex-
cept for the missing red slipper.

“There was a ring on the victim’s left

MASTER DETECTIVE

CI

Julia He

hand,” Furn
row reddenc
third finger.
slipped off.
off soon at!
possibly to
He conti
cating seve
Coroner. |
covering no
dry, he scr:
mud at on
tullic disk
comment, |
had held th
ing the knot
“T thong!
tarpaulin f)
knots looke
the work o'
sailor could
Besides, wh
is a carriag
He open
containing
which had
prolonged =!
“\Iake sur:
he directed
Headquarte
sider it a3
dence.”
Sunlight
dow, light:
the lobe of
Dr. Tinkl
passed it t
in his paly
carved bla
wire protr!
dangling p:
“The le
physician -
A worrl
way throu
side. “It
began. Tl
Tm afras
She’s a ne
tree, and
for severa
The Ci
ment he
ever see |
She star
saw that

NOVEMBEK,


oT

emen

e into a
{ in the

for the
. second
|. The
ie side of
cus State
Furnald.
_ arrived
over the

vank and
the sod-
rts, they

Furnald
1 trussed
ched into
|, oblong,
enine Into
‘he body
id search-

ced.

ppers this
ising,” he
He poked

“Prob-
a,” he re-

his search
ommented,

spectators
bridge and
boarding.
ul-like cov-
a woman.
ife she had

her?” the

‘pled. He
he near-by
- Company
Volunteers
. grim pro-
Tinkham
for a post-
, had been
stated, by
iple.
dressed ex-
per.
vietim’s left

ER DETECTIVE

Julia Hawkes lost her slipper—
and her life

hand,” Furnald noted, indicating & nar-
row reddened depression encircling the
third finger. “It fitted too tight to have
clipped off. It must have been pulled
off soon after she had met her death,
possibly to prevent identification.”

He continued his search, communi-
cating several other discoveries to the
Coroner. Bending over the hood-like
covering now laid in the warm sun to
dry, he scraped off a small amount of
mud at one corner and a strange me-
tallic disk gleamed in the sun. Without
comment, he turned to the cord that
had held the covering in place, subject-
ing the knots to sharp scrutiny.

“J thought this might be a piece of
tarpaulin from a ship,” he said. “Those
knots looked as though they might be
the work of a seafaring man. But no
sailor could tie such Jandlubber knots.
Besides, what I first took for tarpaulin
is a carriage robe.”

He opened up the small gunnysack
containing the oddly shaped weight
which had held the body down. After
prolonged study he placed it by the rest.
“Make sure nothing happens to this,”
he directed. “I’m getting in touch with
Headquarters and I know they’ll con-
sider 1t a most important piece of evi-
dence.”

Sunlight poured through a rear win-
dow, lighting 4 small black object in
the lobe of the dead woman’s right ear.
Dr. Tinkham deftly removed it and
pussed it to Furnald, who turned it over
in his palm. He saw it was a curiously
carved black ten-pointed star. Broken
wire protruded from a lower tip where a

. dangling pendant had been broken away.

“The left earring 1s missing,” the
physician stated.

A worried young woman pushed her

ts way through the crowd and stepped in-

side. “I think I know who she is,” she
began. ‘The voice was timid. “I think—
I’m: afraid _ she’s Betsy Greenwood.

* She’s a neighbor of mine in North Brain-

tree, and hasn’t been around her home
for several days. We've been—worried.”

The Constable glanced at the orna-
ment he held in his hand. “Did you
ever see her wear this?” he questioned.

She «fared down at it. “No, I never
saw that before,” she admitted. “But

NOVEMBER, 1940

“Purnald left for North Brain-
railroad station he stopped

she was about five feet tall and that
and black striped

he was wearlng irters of the State

so to check up on
Miss Greenwood, who
icinity of the First
1, since destroyed
ood had not been

to telegraph headqui
Constabulary and
the movements of
lived close by in the v
Congregational Churel
Miss Greenw
the railroad depot.
afternoon, Sta
hief (Continu

last time I saw her.
o the presence
she gazed steadily
“T can’t be sure,”
“T can’t be sure.”

White ordered t
undertaking rooms
where Tinkham and

e of the victim,
before ‘turning away.
she confessed finally.

he body moved to the
of Samuel Curtis,
Forsyth began their

te constables
ed on page 8


was breaking
would have to
rs, build a fire

au. He stooped
a thick cluster
ispen trees, he
{ down, concen-
ze of the grove,
aped the Espi-
go. The single
Tom ignored it.
un over stony
Tobin and. his
up were slowed
mm mended the
ssuit—a broken
leaf there and
ebble showing
znposts to him.
‘unted troopers
worked higher
ders, overhung
man was left
ule the others
foot.
* asked Lieu-
the left and
here are fresh
ee hours old,”
pon them any

nen were not
fom’s orders.
un?” a soldier

smith shouted.

1 and the
the headstrong
ut to risk an
fight in their
:| moment. -It
* near mutiny
‘upied to give

soldiers and
il again. Now
ively fast pace
ind set. them
vcr ont times,
vhere the Es-
{ the steer to
s Open spaces.
roof his eve,
bo one or’ two
ua hovering
ahead. “They
ea meal.” he
men. He was
wer soldier he
mt-had now

" you came,”
i firm voice,
there, “Tell
will where he
camp.” The
uu stared him
x his steps.
wundred yards,
‘and painstak-
with upraised
flving around
ey, the larger
in the vast.
iuspered, “Lhe
ine slowly and
use my hand.
‘k your guns.”

le band creep
killer—an ex-
what will? be
“smashing
, in which

is finally
--~.l-deserved
smber MASTER
| news stands

STER DETECTIVE

ne ~~

Red Slipper of the Lost Cinderella

Constable George W. Boynton were upon
the scene. Reports from the autopsy con-
firmed previous statements of the doctors
that death had been caused by shooting
and other disfigurements by a fall. Tink-
ham and Forsyth added the woman was
probably married, appeared to be in her
late twenties and had been dead from
ten to thirteen hours.

The Chief Constable found little upon
which to begin investigations. There was
the death bullet—a large leaden ball
which the Chief declared to be either 38
or 45 caliber and shot from a Smith and
Wesson cartridge; the coarse gunny-sack
containing the weight; the broken black
earring and the carriage robe.

“We'll have to start at the beginning
and work back,” he announced. He dis-
nee State Constables Hollis C. Pink-

am and Chase Philbrick to North Brain-
tree for a more detailed description of
Miss Greenwood, with orders to trace her
movements if possible. Then he and the
others hurried to the old toll bridge on
Quincy Avenue.

"THERE were few houses in the imme-
diate vicinity and approach to the river,
except by road and Hobart’s Mill, was
rendered almost impossible because of the
broad salt marshes intersected by steep
mud _ sloughs.

Boynton turned to White. “Let’s find
the bridge tender,” he suggested.

The Coroner pointed out a thick-set,
mustached man, past middle age, who
stood by the rail. The Chief drew him
to one side. The tender, said he usually
stayed about the bridge during the day-

(Continued from page 51)

time, especially on high tides. Other times
he stayed in his home overlooking the
river, from where he could sce all that
went on.

“Are you ever here at night?”

“Not unless I’m specially ordered,” . hie
answered. Questioned as to his movement<
of the previous day, he said he had been
around until sundown and then returned
home.

“Did you hear a carriage stop on the
bridge any time during the night?”

He shook his head. “Didn't hear a
sound.”

Detectives probing in the sodden
marshes along the river reported no sus-
picious carriage tracks or footprints. Boyn-
ton instructed Constables Jones, Bagley
and Furnald to visit the several homes in
the immediate vicinity to learn if any un-
usual activity had been seen or heard on
the drawbridge during the night. Others he
dispatched for an extended canvass of the
adjoining communities of Braintree, Wey-
mouth and Quincy to check on all missing
women, stolen carriages or robes and also
to ascertain if any suspicious persons had
been seen lurking about the neighborhoods
during the preceding day.

Back at the Curtis undertaking rooms,
the Chief again examined the coarsely
woven gunny-sack containing the weight.
Reaching inside he drew out a slim, heavy
iron object with a long, curved, stream-
lined handle. For minutes he studied it
in silence. ‘

He broke the quiet at last. “A tailor—
or some one closely associated with a
tailor—committed this crime.”

The Coroner looked up, surprised. “How

can you be sure?” he asked.

“This weight is a tailor’s goose—a.
smoothing iron for pressing, made over-
sized and used only by tailors.”

Furnald and Bagley returned just as he
replaced the iron in its gunny-sack, An
exhaustive search of the neighborhood,
they reported, revealed only one person
who had heard anything unusual the
previous night. This was a blacksmith
who lived close by in a house overlooking
the river,

YING awake between one or two

4 o'clock, he had heard a carriage drive
onto the bridge. It remained there for sev-
cral minutes. then drove off.

The face of the Chief Constable showed
no excitement, ;

“In what direction?” he asked.

“The man wasn’t sure,” Bagley replied.
“Tt rained hard’ all night, as you know,
and the road was black as pitch.”

Further attempts to trace this mys-
terious horse and wagon failed. But
Furnald seemed unwilling to give up the
search,

“Pve.a hunch I can trace this horse
and wagon if you give me time,” he told
his Chief. “I feel sure that the carriage
robe will do the trick.” He reached over
and pulled it out as he spoke. In one
corner where the mud had been scraped
away, he showed the police head a small
metallic disk stamped with the numeral
six. “I’ve seen markings like this on the
robes of some livery stables,’ he stated,
going on to explain he thought the woman
had been murdered some distance from
the bridge and brought to Fore River in a

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Unit of Union Carbide (thie

NOVEMBER, 1940

canes aN

“LATE ONE NIGHT, returning from a fishing trip, I dozed
at the wheel of my car while going at a fast clip,” writes Mr.
Nicholls. “Suddenly there was a blinding crash!

‘i

“MY CAR HAD SMASHED head on into a tree. My throat
was gashed and bleeding badly. I was able only to whisper—
and seemed doomed to die in the inky darkness. Then...

“,.. 1 REMEMBERED MY FLASH-
LIGHT! Somehow I managed to get it
from my tackle box and crawl weakly
back to the road. Quickly the bright
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ble grasp, stopped a motorist, who took
me to a hospital just in time. There is
no doubt that I owe my life to dependa-
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3

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(Signed) OL pm ” |
: E-LER

65


hired earring.”

By five o’clock Monday the police were
still as baffled as at the beginning of
their investigation the day before. Furnald
had visited all livery stables in Braintree,
Weymouth and Quincy without discover-
ing a single lead; he continued his search
among the score of livery stables about
Boston.

The identity of the dead woman re-
mained unknown. However, Boynton and
Bagley had definitely established that the
body was not that of Miss Greenwood.
This attractive young woman had been
discovered enjoying « week-end in Hol-
brook, a town adjoining Braintree on the
south, From Quincy came word of two
other missing women, but this phase was
quickly dropped when Boynton learned
the physical descriptions did not cor-
respond,

[ATE Monday night two — slylishly
dressed women sought out the Chief
Constable. The elder introduced herself as
Mrs. Lucie Smith of Wollaston Heights.
She said she had seen an account of the
murder in the newspapers and upon read-
ing the description of the victim, feared it
was one of her very dear friends. “The last
I knew she was visiting in Boston,” she
said. “Why she should be in Braintree is
beyond me.”

When they saw the body, Mrs. Smith
and her married daughter turned pale.
“TL can’t be sure,” the mother faltered.
“Poor Julia was so beautiful.”

She forced herself closer. “There’s only
one way I know to be sure. In her left
upper jaw there were two gold crowns. I
wonder—” Boynton nodded — gravely.
“Then it is my friend,” she sobbed.

“The dead woman,” she said, “was Mrs,
Julia Hawkes, a widow in her early twen-
ties, with a young son.” She had come
down from St. John, New Brunswick, a
year or two before. Although in comfort-
able circumstances and of good family, she

had sought employment as a means of
furthering her son’s education,

“You say she was in comfortable cir-
cumstances?” the Chief Constable in-
quired,

“She was worth several thousand dol-
lurs,” Mrs. Smith replied. “I know she
was planning to buy a house near Boston
and bring her son to the States. Perhaps
she was looking for a house in Braintree.”

“When was the last time you saw her?”

The woman thought a moment. “She
came out to my home in Wollaston
Heights on the morning of May 5th and
she left there on the 8th.” \

“Did she tell you where she was going?”

“To the home of another friend—a Mrs,
D. A. Stedman in Cambridge.” F

“T take it that in addition to having
money, she was an attractive woman,”
Boynton continued, and the widow agreed.
“Did she have any men friends?”

“Not to my knowledge,” she replied posi-
tively. “Her husband has been dead for
not more than a year and she loved him
too greatly to be interested in any one
else.”

“Where was she previous to her visit
to you?”

“For more than a year she was in
charge of the Four Corners Inn at Han-
over, Massachusetts. The inn closed the
first of May and she came to my house.”

Inquiries in Hanover by Constables Phil-
brick and Pinkham revealed the -woman
had left there on Monday, May 4th, on
the morning train. Her trunks, two large
russet colored Saratogas, followed on the
afternoon train.

“Can you tell me where those were
shipped?” Philbrick asked the baggage
master,

He consulted his records. “Direct into
Boston,” he answered. Tracing this lug-
gage through to the Old Colony Depot
on Kneeland Street in that city, they
found it had remained unclaimed until
May 14th, when an expressman by the

Constable Mary Lizzie Furnald shows the author some of the papers connected with
the Hawkes murder case. As a young girl she accompanied her father on several
of his trips of investigation

64

name of Daniel Lynch had_ presented
the checks. a

The detectives called at his office but
he was out.

They continued on to Cambridge where
they stopped at the home of Mrs. Sted-
man not far from Harvard University.
She recalled Julia Hawkes’ visit, which
had been made two weeks previously. The
woman had remained for several days.

“Did she seem in good spirits?”

“Very happy and looking forward to her
home with her son.”

“Where did she go when she left your
home?”

“She said she was going to the house
of another friend, Mrs. Randall, who lives
on Oxford Street in Boston.”

“Did Mrs. Hawkes have any money?”
Philbrick asked. .

“She was what I would call well off,
In addition to having considerable money
in New Brunswick where her parents are
very influential, she has accounts in sev-
eral Boston banks, I know because. she
asked me to keep her bank books until
she had a home of her own.” i

The detectives examined these books,
The account in the Five Cent Savings
Bank showed a balance of $594.00; a sec-
ond account in the Union Institute for
Savings showed a balance of $265.05. The
remaining three bank books. showed
amounts which varied from fifty to sev-
eral hundred dollars. Pn ins

“Let’s see that Union Savings bank
book,” Pinkham said suddenly. He glanced
at it and then turned to Mrs. Stedman:
“That account was closed out on April
3rd of this year. She drew the entire
amount all at one time.”

“QE probably thought she was going to
make a down payment on a_ house,”
Mrs. Stedman explained. ‘She had one
in Wollaston she thought she might buy
but the deal fell through. I told her she
ought to put the money back into the
bank, but she laughed and said her pocket-
book was just as safe.”
“Then she had this money with her
at the time of her death?” so
“Tt is probable,” the woman admitted.
“One other question,” Pinkham broke

in. “What was the exact date Mrs.-

Hawkes came to your home?”

“May. 11th.” 9"

“According to Mrs. Smith, she left for
your home on the 8th.”

“TI didn’t see her until the 11th,” the
woman replied emphatically.

The detectives thanked her and returned
to Boston, taking the several bank books
with them. As they turned down Bed-
ford Street to reach Oxford, they passed
the building of the Union Institute for
Savings. Philbrick pulled to the curb.
“Tm going in to inquire about this ac-
count,” he said.

“But that was withdrawn more than a
month ago,” Pinkham objected. “No one
could remember a routine incident that
long.”

“Ym not so sure,’ the other replied.
“Tt’s not such a large bank but that they
get to know their depositors well, and she
has been dealing with them for more
than two years. A woman as attractive as
Mrs. Hawkes is not so soon forgotten.”

Bank treasurer George I’. Emery was
unable to assist them in any way and
referred them to a Mr. Reed, who han-
dled the account. This young man smiled
with pleasure at the widow’s name.

“A most remarkable woman,” he en-

thused. “English, as I remember, and a.

real lady. I was sorry when she came
in a few weeks ago and closed out the
account.”

Philbrick winked secretively at Pink-
ham. “You remember the circumstances?”

MASTER DETECTIVE

“Why—ves
had already
in and said =’
I went to t!
I recall the:
two fifties.
bills.”

“Was she

The teller
“T think ther
he answered

The dete:
Street where
the door.
through red
their busine

“T should
thing wrong
exclaimed.
Then she d

“Disappes!

“T COULD
she was
several days
laston Heig
house. I sh:
was wrong.
anxious. I t
son. About
had no thi:
coat and wi
returned.”
“You me
td buy a tl
“Yes—tha
“When w
“On Tues
“Why dic
“Julia wa
home befor
might have
took offenc
Pinkham
she have
quaintances
“A tailor.
ously bewii
friends at :
tailor! Gra
Outside t
tives paus’
Forsyth hac
dead for a!
covered.
“Accordin:
Old Colony
for two day:
Philbrick rv
could learn
days of h
thing.”
“We'll x
Lynch.” Pi
have the

|
| has b
|

NOVEMBEK,

CROCKETT, Simeon L. & RUSSELL, Stephen, whites, hanged Boston, Mass.
sterg—16, 1826

MEMOIRS OF
~ AMERICAN PRISONS:

An Annotated Bibliography

by
© DANIEL SUVAK

The Scarecrow Press, Inc.

Metuchen, N.J. & London
1979


NY
ore being sent to the New

jas a weaver. In every

ng and officers to internal
ons he encountered were
conclusion that the only ‘
"without labor, in solitude.

3tate Prison, at Auburn,
for the author, 1839. 75+

NY

oosé was published anony -
oline, rations, clothing,

. the industrial areas (coop-
and lack of useful school-

bf

\gain. Old Tappan, New

6. ‘¥ York: Bantam
ore™mD

Maxwell AFB, AL

ants jailed for Watergate

tention with his spiritual

him to question his motives
to form a community of

ned favors from the admin-
ny of the prisoners who came
s new faith and the unflag-
yortant to his successful ad-

ites he continued with a

uthentic Life of som C.
<illing Samuel Adams, in

ath of September, 1841. 4th
son,. 1842. 70 p. OCIWHi
New York NY

‘scription of a visit made to
vork is biographical narra-

1 attempt to explain Colt's

s of John C. Colt, Condemned

for
th of November, 1842,
ns. 2d ed. New York, Diller

y

Civil Prisoners / 27

& Hoofer, 1842. 16 p. NN

73. Contant, George C. A Pardoned Lifer. San Bernadino,
California: Index Print, 1909. 211 p. NN
*Folsom State Prison, Represa CA
This train robber spends most of his book describing

his futile escape attempt from the Folsom quarry; he spent
years in solitary as a result.

74, Cook, Charles A. Ways of Sin; or, Experiences of
Convict Life. Des Moines, Iowa: Patterson-Brown,
1894. 145 p. DLC

*Pottawattamie County Jail, Council Bluffs IA
*Iowa State Penitentiary, Fort Madison IA
After demonstrating the injustice of his conviction, Cook
gives the standard tour, commenting on the food (sufficient,
wholesome, but badly prepared), punishment (solitary confine-
ment, little brutality), the library, and hospital; then de-
scribes his escape and recapture.

75. Coons, William R. Attica Diary. New York: Stein

and Day, 1972. 238 p.

*Attica Correctional Facility, Attica NY

With abundant use of metaphor, Coons has created a
highly readable and interesting diary of his months in Attica.
A former instructor. in English at Skidmore College in New
York, Coons was sentenced to three years in Attica for pos-
session of LSD. He was paroled after Serving fifteen months,
just a few months before the uprising. His diary makes constant
and graphic mention of the conditions which led to the uprising,
never asking "if" it will happen, only "when. "'

76. Creative Writer's Workshop at Folsom. Echoes off the
Walls. Fremont, California: Fault Publications, 1975,
unpaged,

*California State Prison at Folsom, Represa CA

This prison poetry rambles with lack Qf restraint over
injustice, love & lust, reality and confinemert.

7. Crockett, Simeon L. A Voice from Leverett Street
Prison, or the Life, Trial, and Confession of Simeon


Ie
\
40,
< 3
ra
J
2

BERRSHIBE CCUNTY

Seri nok e\d Fe ° uolie AYE ae
\ ‘

eS

Coy Sentenced In 1892 _ |

William Coy of Westfield is the:
only person besides John F. Noxon to}
receive the death sentence in ie
present. Berkshire court ‘house.

August 80, 1891, Coy, a eoenes ner
killed : with - an axe on Washington
mountain John Whalen of that town.
He inflicted a head wound four!
inches long, an inch wide and half an
inch’ deep. The motive was revenge.
A ftirst degree verdict was returned
March 21, 1892 and on October 28 of
that: ‘year. he...wag.-sentenced to. .be
hanged. . Attorneys for the defense
took the case to the supreme court on
exceptions which were overruled. and
Coy was hanged in the Second-street
jaik on March 8, 1893. The city coun
cil was invited to attend the execu
tion. _ Presiding at the original tria
were three judges, Chief Justice Al-
\bert . Mason and Associate vega

Ie See
jzme mery. if Aldrich. and John w. Ham

Oi mine Oxies Se) :

y 1G 1944
| }

wera

x Sere


adele Lea hea egcch ts cut Patt hy HMaeseg pelle

Mua bere Ze jets UM ale dg. — FM ely <4

Nia oye SST ite


a

by HAL WHITE .,

W

ton’s h:
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recent]:
coal-bu
pected|
paid ca
good b:
Befo:
heating
three t:
to rem
the pre
those a
five-tor
warm °
The
trouble
of hist
ASSUrEC
althous
could ¢
was fin
That
lodging
structic
was al:
tenants
when }
The
well a:
before
Onh
Finn, ¢
propert
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baseme
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cellar «
down i
the co:

The m


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Returned to Boston and grilled at
length, Pappas refused to talk. On
June 6th, Pappas went on trial be-
fore Judge Michael J. Murray in
Superior Court. Trouble developed.
Pappas argued with his attorney
who quit the case in a huff. Another
lawyer was instantly brought in to
handle Pappas’ defense.

Finally, the case reached the jury.
This body deliberated for fifteen
hours. Their verdict was guilty as
charged. For Pappas, this meant the

electric chair. The repercussions
which followed rocked Boston. The
killer’s friends rallied to Pappas’ aid
with a fund of $50,000 to beat the
death rap. The Supreme Court de-
nied a petition for a new trial.

Governor Channing Cox was bom-
barded with petitions to spare the
killer’s life. Even Pappas’ heart-
broken wife visited the Governor to
plead for her notorious husband's
life.

Governor Cox took the case under
consideration. The battle to save-+

Pappas’ life was so tenacious that .

the doomed man was snatched from
the electric chair on four different
occasions by fast minute reprieves
from Governbr Cox. But on July
12th, there was no fifth reprieve—
Paul Pappas; at the stroke of mid-
night, died/in the electric chair.

The names Petro Maldonis, Gussie
Colmer,.Michael Sopulus, Helen To-

- pal and John Lucas are fictitious to

save ‘innocent persons unnecessary
embarrassment.

THE TRUNK,
THE CORPSE AND

THE MAGGOTS
(Continued from page 41)

. King turned to Chief Woods, who
was waiting. “That description fits
the one the garage man gave us
perfectly, with one exception. This
Daily is not crippled, doesn’t limp.”

Woods was thoughtful for a mo-
ment. “Perhaps the man didn't
really limp. You know how it is af-
ter a long auto trip. Sometimes your
legs get so cramped that it appears
you are limping.” °

“Maybe you're right. And that
goes for the dark glasses, too.”

“Or, in plain words, ‘the descrip-
tion we have isn’t worth anything
at al’:

“We'll-have to start from scratch,
using the information we got from
Boonville.”

So the officers were called in,
given the new description and sent
out again, King and Woods dis-
cussed the case at some length.

* * *
EANWHILE, in adjoining
Orange county, Deputy Sheriff
C. J. Belvin was being confronted

LINE-UP DETECTIVE CASES
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dabbler in real estate, picked up the five-story

brownstone lodging. house in the 500-block on Bos-
ton’s highly respectable Charles Street, early in February,
he figured he had a good thing. The former owner, who
recently had renovated the building and installed a new
coal-burning heating system, had to leave the city unex-
pectedly and was forced to make a quick sale. Frawley
paid cash and congratulated himself upon having made a
good bargain,

Before many weeks he began to alter his opinion. The
heating system was eating up coal at a prodigious rate. The
three tons he’d dumped into the cellar, without bothering
to remove the great pile of ashes left in the bin by
the previous owner, was nearly gone. By getting rid of
those ashes, Frawley reasoned, he could make room for a
five-ton order next time. That should last) until the
warm weather.

The fact that the coal had dwindled so rapidly did not
trouble the new owner so much, however, us the dwindling
of his tenants. When he took the place Frawley had been
assured by the agent, through whom he made the deal, that
although there were only fourteen lodgers at the time, he
could expect an influx of new tenants when the remodcling
was finished.

That was during the first week in February, 1920. Then
lodgings were at a premium, due to the cessation of con-
struction during the years of the first World War. Now it
was almost the end of April and not only had no new
tenants been attracted to the house, but nine of those there
when Frawley took possession had left.

The reason for their leaving was to give Frawley, as
well as Boston’s top police officials, considerable trouble
before many more weeks.

On Monday morning, April 22nd, Steve Melia and Gerald
Finn, employed by Frawley to do odd jobs at the various
properties he owned, arrived at the house on Charles
Street with instructions to haul the old ashes from the
basement bin.

The two workmen entered the house with a key to the
cellar door furnished them by the new owner. They went
down a flight of stairs and through a clean large room to
the coal bin beside the newly-installed furnace. There

W cae M. T. FRAWLEY, investment counselor and

The man described himself as Alice's friend and business

tehiee

associate when he handled rooming house sale for her

they started filling bushel baskets with the ashes. As the

baskets were filled Melia would cart them out of the cellar,
while Finn remained to continue refilling emptied ones.

They’d been working for perhaps half an hour when
Melia, returning with his emptied basket, was met just
outside the bin by his fellow. workman. “Steve, there's
something—something awful in there!” Finn exclaimed,
white-faced.

“What are you talking about?”

“In there under the ashes. A human foot sticking out!”

Melia stepped around his partner and glanced into the
dimly-lighted room. He saw the white, shriveled flesh of
the bare ankle and foot, exposed by Finn's shoveling.

Twenty minutes later, in answer to a telephone call from
the two workmen, Captain John E. Driscoll, in charge of
Station Five, arrived at the house with two uniformed
men, They went directly to the cellar. Pushing away
the ashes, they soon revealed the ghastly secret of the
coal bin.

On a soiled, torn mattress in the exact center of the bin
lay the body of a dark-haired woman, naked except for
the shreds of a flimsy silk nightgown and a crimson slipper
on the right foot.

A black, gaping hole showed where the throat had been
and there was a rust-colored splash on the mattress be-
neath the head and shoulders. On the third finger of the
left hand was a heavy gold wedding band.

The victim apparently had been in her early thirties
and something of a beauty. She had a well-developed
bust and slim waist. Obviously she had met a violent
and horrible end. An immediate call was put through to
Police Superintendent Michael H. Crowley and half an hour
later Boston's top police official arrived, along. with In-
spector James A. Dennessy, of the Bureau of Criminal
Investigation, and Dr. Timothy A. Leary, the chief medical
examiner.

Frawley had been informed of the gruesome discovery
in the basement of his newly-acquired house. He arrived
as the doctor was examining the body. Death had: occurred
at least three months before, Dr. Leary concluded.

Frawley explained that he had bought the place from
Mrs. Alice Arseneault, early in February, paying cash and
taking immediate possession. Mrs. Arseneault, he said, had


rg ti
OT Ra tae 8 wet >

“Did Mr. Pappas mention wnat
part of Canada?”

“Why, yes,” replied Mrs. Colmer.
“He said Montreal.”

The hunt for Paul Pappas was re-
newed. The detectives assigned to
this task worked night and day. They
were thorough and systematic. All
public utility companies, along with
labor unions and voting lists, were
checked.

Through a labor union, the first
lead on Pappas was unearthed. He
was registered as a waiter at the
Hotel Savoy on Columbus Avenue.
Dennessey questioned the manager
who revealed that Pappas had quit
his job there the day after Christ-
mas, December 26th. He had no idea
where Pappas had gone.

Dennessey was not entirely satis-
fied with the circumstantial evidence
which they had against Pappas.
What he wanted was concrete evi-
dence which would stand up in
court. He made that plain to Super-
intendent Crowley and Chief Inspec-
tor McGarr.

“Here’s another point to consider,
Dennessey,” Superintendent Crowley

-_pointed out. ‘Pappas’. motive may

have been robbery through the sale
of Mrs. Arseneault’s property. He
could easily have forged her signa-
ture on the bill of sale.”

Dennessey said that remained to
be seen.

With newspapers giving the mur-
der plenty of space, Dennessey and
his detectives were deluged with
clues and information, all of which
were carefully checked. As in the
majority of such cases, all clues fiz-
zled. A picture of Paul Pappas was
found among Mrs. Arseneault’s pos-
sessions, and copies were sent to all
major police departments and news-
papers in New England.

Expecting a break in the case very
soon, Dennessey was elated when his
detectives located Mrs. Helen Topal
and John Lucas, the missing board-
ers.

Lucas was questioned first. “The
last time I saw Paul Pappas and
Mrs. Arseneault,” he said, “was the
early morning of December 26th. I
was on my way to work. Pappas was
sitting in the living room. Mrs. Ar-
seneault was lying on the couch. I
couldn’t see her face. There was a

pillow over it! When I asked Pappas
if Mrs. Arseneault could get my
breakfast, he laughed and said that
she was too: drunk to get anything.
Pappas said they had been to a cock-
tail party the night before.”

Deénnessey digested this informa-
tion ‘slowly. Mrs. Arseneault dead
drunk on the couch with a pillow
over her head. Dennessey felt cer-
tain Mrs. Arseneault had not been
drunk when Lucas spoke to Pappas,
that she was already dead. And
when Dennessey questioned Mrs. To-
pal he found himself double-checked
as to the motive for the fiendish
murder.

Jealousy!

“Christmas night,”

LINE-UP DETKCTIVE CASES

Mrs. Topal

said, “I was in the living room witht.
Paul and Alice—Mrs. Arseneault. We
were talking and drinking wine.
Around nine-thirty the doorbell
rang, and Alice answered it.

“She was out quite long, and Paul
started to get impatient. Finally, he
peeked out into the hallway, and
he saw Alice standing close to some
man who had brought her a Christ-
mas present. Paul grew terribly an-

gry and sullen when Alice came.

back. He walked out. Alice showed
me the present, then retired. to her
room. Paul’s attitude didn’t bother
her at all.

“That was the-last time I saw her
alive. When I met Paul the next
morning, he told me she had left
for Montreal to visit her children.
I didn’t know Alice had any chil-
dren, but she wasn’t very talkative
about her private affairs. I didn’t
think there was anything wrong.”

“Mrs. Arseneault had no chil-
dren,” Dennessey snapped, impatient
to get his hands. on Paul Pappas.
Whatever doubts he had as to Pap-
pas’ guilt had now vanished.

* * cl

ENNESSEY went straight back
to the murder house, bent on
examining the couch where Mrs. Ar-
seneault had lain with a pillow over
her face while John Lucas talked to
Pappas. Dennessey was disappointed
when he discovered the couch had
been thrown out when Mrs. Colmer
bought the house. Dennessey left,
his brow knitted with concentration.
Paul Pappas had repeatedly made
one peculiar statement. He had said
that Mrs. Arseneault had gone to
Montreal, Canada. Come to think of
it, pondered Dennessey, Pappas had
also mentioned marriage. Was it pos-
sible that Pappas had another wom-
an in Montreal whom he intended
to marry? But, somehow, this theory
did not seem right. If Pappas were
going to Montreal with such an in-
tention in mind, what earthly rea-
son had he for broadcasting the
fact?

Was this the type of fatal. slip
made by even the most clever kill-
ers? ;

Determined not to leave anything
to chance, Dennessey contacted the
Montreal authorities and supplied
them with a detailed description of
Paul Pappas. He asked for an imme-
diate arrest oh suspicion of murder.

Dennessey also realized that he
was faced With one big problem once
Paul Pappas was arrested. He need-
ed evidence of an unshakable na-
ture so that the case he was building
would stand up in court.

Dennessey went over the murder,
step by step. A gleam suddenly slit-
ted his eyes. He thought of the
sample of ashes he had taken from
the murder cellar. Then he thought
of what Maldonis had said about
Paul Pappas—that Pappas had ele-
gant, polished manners, that a lot
of ladies went for him because he
was such.a handsome and fastidious

-dresser.

So when Pappas killed Mrs. Arse-
neault, the gushing blood must have
spattered all over his clothes. And,
later, when Pappas buried his pretty
victim under the ashes, it was only
logical to assume he must have also
gotten his clothes dirty. That being
the case, Pappas must have taken
the suit he wore to some dry clean-
ing establishment.

Dennessey tackled this angle with-
out the loss of any time. Within
three blocks of the murder house,
he hit the jackpot in a little clean-
ing shop.

“Sure,” the answer came in answer
to Dennessey’s query. “Pappas came
here on December 26th. He wanted
me to clean one of his suits in a
hurry. I told him I couldn’t do it. I
was too busy. Anyway, I send out
all clothes for dry-cleaning. He beef-
ed, but finally he left his suit. And
you Know what? He didn’t come back
for the suit!”

“What?” shouted Dennessey. “Ge
that suit, mister.”

The suit was quickly handed to
Dennessey who began to examine it
right then’ and there. The tailor said
he found no traces of blood when
Pappas had brought it in, but added
that it had been dirty with ashes.
Dennessey swore as he picked up
the pants, and explored within the
cuffs with his fingers. And when he
pulled his fingers out, they were
caked with powdery ash residue... .

* * x

ACK to headquarters went Den-

nessey. He summoned the city
chemist, told him he wanted a com-
parison test made of the ash residue
found in the pants’ cuffs and of the
sample of ashes he had taken from
the murder cellar.

Later that day, the city chemist
phoned Dennessey. “‘The ash residue
found in the pants cuffs and your
sample of ashes are identical,” he
reported.

With this last damning link of
murder forged against Paul Pappas,
Dennessey appeared before the Suf-
folk County Grand Jury and left the
chambers with an indictment charg-
ing Paul Pappas with first degree

_murder.

On September 11th, Paul Pappas
was arrested in Montreal, Canada,
at an exclusive apartment house
where he lived with his new wife
whom he had married on March 5th
of that year. Mrs., Pappas, almost
prostrate with shock and grief, knew
notning of her husband’s scandalous
crime. She had married him in Mon-
treal after a short, whirlwind court-
ship.

When Dennessey arrived in Mon-
treal, Pappas, cool and calm, greet-
ed him as though nothing had hap-
pened. He brushed aside the advice
of his retained counsel to fight ex-
tradition.

“Why should I?” demanded Pap-
pas. “I didn’t kill Alice, and the cops
can’t prove that I did.”

Dennessey smiled grimly, said
nothing.

: 59

ia PR AG i one ait

personnel manager. There was one thing
in their favor as they started checking
through the files. The reason of dis-
charge was inked on each personnel card.
A tedious task was somewhat simplified
and the two detectives were thankful.

It took them close to three hours to
pick out eighteen possible suspects and to
list them. From there, Sherlock and
O’ Neil drove uptown to the Boston police
where they talked with Superintendent
Micheal H. Crowley of the Bureau of
Criminal Investigation. :

“These names,” said Sherlock, tapping
the list, “can be better checked against
your records, superintendent. Most of
these men lived in Boston when they
worked for the railway.”

Superintendent Crowley took the list.
“Okay, boys,” he said. “T’ll take care of
it, and see to it that every name is
checked.”

From police headquarters, Sherlock
and O’Neil drove to the Registry of
Motor Vehicles and consulted the chief
clerk. A list of all Stutz car owners in
Greater Boston was furnished.

The list showed eight owners in Cam-
bridge, twenty-three in Boston, nineteen
in Neéwton, seven in Watertown, and
three in Waltham.

Sherlock and O’Neil started at the top
of the list. Time sped by as they checked
off name after name. The owners were
respectable people who proved to the de-
tectives’ satisfaction that their cars hadn’t
been used in any holdup-murder. By late
nightfall, the list had been exhausted.

— “Well,” sighed Sherlock, “that’s that.

Tomorrow, Ed, we'll hit all rental
agencies. Maybe the gang hired the
Stutz.”

UBLIC indignation burst like a

bombshell the next morning when
Sherlock and O’Neil started their check
on all garage rental agencies. Newspaper
editorials blasted the inability of the
police to cope with the menace of gang-
sterism. Business firms were in an up-

roar. Payroll schedules were juggled to ~

thwart any attempts of robbery.

With every big garage in Boston can-
vassed with no results, Sherlock and
O’Neil turned to Cambridge where they
hit a lead right off the bat. Ata garage
on Mt. Auburn street, near the subway
entrance, they were told that a Stutz tour-
ing car had been rented late the after-
noon of October 3 and returned shortly
after 3 the morning of October 4!

The name of the driver on the agency’s
book was listed as Joseph Wyman with
an address in Brighton, a suburb of
Boston.

Sherlock and O’Neil checked the name.

It was a phony! The address was an
empty lot near a playground! °*

Sherlock scowled. ‘They wouldn’t be
so dumb as to give a real name,” he said
disgustedly.

Four days after Ferneau’s murder, a
small sedan pulled away from the Central
Square Trust Company in Cambridge
with the Ward Baking Company payroll.
Driving the car was Edward C. Ross, son
of a prominent city manufacturer. With

him were two guards. Hardly had they
parked outside of the Ward offices when
four men piled out of a low-slung Cadillac
touring sedan.

They were masked and armed. Their
leader shouted that it was a hold-up and
for the three men in the sedan to put
their hands up. Ross made a move that
seemed suspicious. The bandit leader
emptied his gun through the windshield.
Ross collapsed over the wheel, dead.

In no time at all, the bandits grabbed
the payroll and roared away. .

The hue and cry was now terrific. Dis-:
trict Attorney Reading rushed to the
scene with Sherlock and O’Neil. Police
Chief John J. McBride was already there
with Detective Chief Patrick J. Hurley
and Inspectors Thomas E. Carroll and
James M. Landrigan.

Although many people in the district
witnessed the shooting, none of them
were able to offer any comprehensive de-
scriptions of the killers. A fifth man sat
behind the wheel of the Cadillac. Five
bandits! The harassed
wondered if it was the same murder mob
as in the carbarn killing. Police were
warned to be on the lookout for the
Cadillac. Stolen car reports were
checked. Garages and gasoline stations
were notified to report storage or service

‘to any such cars.

The efforts of the police in the next few
days proved fruitless. Numerous sus-
pects were picked up and questioned. The
four carbarn victims were luckless in
their attempts to identify them. Super-
intendent Crowley notified Sherlock that
his detectives had cleared all the former
railway employees of any complicity in
the holdup-murder.

“You know,” said Sherlock to O’Neil,

: “I’ve got a hunch that Ferneau and Ross

were murdered by two separate gangs.
Of course, there were five men in each
gang. It could be a coincidence. I sim-
ply can’t see a gang going out and reck-
lessly snuffing out a man’s life after
they’ve committed one murder. You know
as well as I do, Ed, that crooks run true
to type. When the heat is on, they’ll lay
low come hell or high water !” .

“There’s a lot in what you say,” said
O’Neil. “For instance, if the carbarn
gang pulled the Ward killing, I can’t see
where it would be for money in the sense
of your reasoning. I don’t imagine
they’ve had a chance to spend much of the
carbarn loot.”

Sherlock grinned. “And they never
will,” he said, “if we get the breaks.”

“Any ideas?” asked O’Neil.

“One,” mused Sherlock, a speculative
gleam in his narrowed eyes. “I wonder
how much money it would take one crook
to sell out another? Come on, Ed. We'll
talk it over with the D. A.” ©

The result of the talk between District”

Attorney Reading and his two ace detec-
tives was the Commonwealth’s offer of a
$1,000 reward for information leading to
the arrest and conviction of the carbarn
killers.

Sherlock and O’Neil sat in their office
discussing the carbarn murder. It was
several days after the reward notice had
been posted, There was a knock on the

»

investigators ’

*

“

door. Sherlock got up. A woman stood
in the doorway. She was attractive with
large dark eyes and stylishly dressed. She
looked at O’Neil seated and then back
at Sherlock with a troubled, hesitant air.

“Are you Mr. Sherlock?” she asked
in a low, husky voice. ‘

Sherlock nodded. ‘What can I do for
you ?” he asked.

“It’s about the reward,” she almost
stammered. “TI can tell you who killed
the watchman !”

Sherlock, a startled look on his face,
pulled the woman in the office and shut
the door. A female claimant for the re-
ward to talk was something he hadn’t ex-
pected. He steered her to a chair and
told her to sit down.

“What’s your name?” asked Sherlock,
sitting on the edge of his desk.

“Rita Kane,” she answered, spots of
color in her pale cheeks. “Mrs. Rita
Kane. My husband, Harry, drove the
Stutz touring car!” A pleading note
crept into her voice. “But Harry had
nothing to do with it. You must believe
me. They hired him to drive the car.
My husband is a taxi-driver in Brook-
line. He didn’t know they had a robbery
planned. Harry never dreamed they
would kill the old man. .. .”

“Wait a minute, Mrs. Kane,” remon-
strated Sherlock. “You want the re-
ward, We want the killers. Fine! But
please do not underestimate our ‘intelli-
gence.”

She gasped, asked faintly: “What do
you mean?”

“Just this,” pointed out Sherlock. “If
your husband didn’t know they had
planned a robbery, then why did he wait
for them at the carbarn? Why didn’t
he leave when he heard the shot? That
part of your story won’t wash, Mrs. Kane.
So you tell us who killed Ferneau and
you get the reward, but understand that
it won't clear your husband.”

“My husband is willing to take his
chances,” she replied spiritedly. “He is
innocent. He'll tell all he knows in
court.”

“That’s for the District Attorney to
decide,” Sherlock reminded her. “All
right, Mrs, Kane. Who are they ?”

Without hesitation, Mrs. Kane began
to talk...

Waitt Waltham and Boston detec-
tives, Sherlock and O’Neil closed in
on the men named by Mrs. Kane. Ed-
ward J. Heinlein, known as “Dutch” was
routed from bed in his home. - Heinlein
didn’t say a word as he put on his glasses
and watched the detectives come in his
room. There were two .32 caliber auto-
matic pistols under a pile of soiled shirts,

60 dollars in a wallet and between the

bed mattress and spring, a roll of bills
in the amount of $190!

In the same Brighton neighborhood,
the detectives swooped down on John J.
Devereaux, a slim man of about 25,
Draped over a chair was a tan overcoat
and a light green hat. Searched,

Devereaux’s pocket yielded over $300 in
currency. Found in the closet was a
38 caliber revolver and an automatic
rifle with four clips of cartridges. In an

63

~


=,

He had also been indicted on a charge of
embezzling $19,252 bank funds and given
a sentence of from two to three years.

“The Detroit office reports that Smith
makes mysterious trips to New York
City,” Chief Wilson concluded. “Let’s
find out what he is up to there.”

When C, Sterling Smith boarded the
Detroiter on his next trip to New York
City, he didn’t in the least suspect that the
two jovial “traveling salesmen” in the
next compartment were Secret Service

agents. Nor did he suspect either, when

he checked in at the Hotel Commodore in
New York City that his two erstwhile
fellow passengers had checked right in
after him, and in an adjoining room.

A short while later, a short thin man
got out of the elevator swinging a dark
brown brief case and knocked on Smith’s
door. The agents heard the door open
and the man admitted. Fifteen minutes
later he left and he wasn’t swinging the
brief case. It was much too heavy.

“There goes the runner,” Agent Dick-
inson observed to Agent Stout, “let’s get
going.”

Stout and Dickinson trailed the man

‘with the dark brown brief case to the

Bowery and were right behind him as he
entered a building, ascended two flights of
stairs and entered the premises of a gold
refinery which bore a sign “Boris

Shteinshleifer.”
They waited a few minutes, then open-
ing the door they saw a partition and

going to be just too bad for you and that
nosey cop!” The Stutz picked up speed
so fast that Lyons had his hands full
throwing himself. backward to escape

serious injury. Because of this, he had
been unable to glimpse the registration
numbers of the car.

Captain Currin notified all Boston po-
lice departments to be on the lookout for
a Stutz touring car, and to hold its oc-
cupants on suspicion of murder. He then
put a call through to District Attorney
Arthur K, Reading’s home, and informed
the sleepy-voiced prosecutor of Ferneau’s
murder.

Hanging up, Captain Currin turned
to his files. The name “Dutch” stuck in
his mind. But nowhere in the depart-
ment’s cross-indexed system of criminal
records could he find a clue to unmask
the bandit called “Dutch.” The captain
sat down at his desk with a frown. There
was nothing more he could do until day-
break.

By 8 o'clock that same morning of
October 4, 1925, a state-wide alarm had
been spread for Ferneau’s killers. Work-
ing in conjunction, Waltham, Cambridge
and Boston detectives began a drive
against all suspicious characters. Speak-

62

heard voices behind it. Dashing around
the panel they saw the runner and Boris
Steinshleifer look up startled.

“What’s the rush?” Steinshleifer asked
uneasily. eae

Dickinson pointed silently to a table as
Stout showed his credentials. On the
table near the brief case was a bar of gold
partly exposed from its brown paper
wrapping. In the brief case was another.
Together they weighed at least 300 troy
ounces the agents estimated.

“Where did you get all that gold?”

Stout asked. ;
.. “T bought it, why?” said the runner

brazenly,

“You mean you got it from C. Sterling
Smith in room 811 of the Commodore
Hotel about an hour ago didn’t you?”
Dickinson demanded. At that the bluster
went out of the runner. oe

Later when he and Steinshleifer were
taken to the local office of the Secret
Service he said that his name was
Charles H. Schwartz. This was the first
job of running he had done for Smith,
he admitted. He had a little deal on with
Steinshleifer to get $33 an ounce for the
stuff. Smith would get a net of $31.50 an
ounce. That meant that Schwartz would
get a dollar and a half commission—for
each ounce. Steinshleifer admitted that
he had bought a bar of the gold and that
he didn’t intend to make a record of the
purchase. This, of course, was a violation
of the gold regulations.

easies, pool-rooms, political clubs and
manv houses of ill repute were raided.
Furtive, shifty-eyed men were hauled in
for questioning. Railroad terminals were
covered by watchful detectives. State
troopers blockaded all main arteries
throughout Greater Boston.

N HIS office at East Cambridge, Dis-
trict Attorney Reading followed the
progress of the investigation. Reports
kept reaching him as the day lengthened.
The three-way questioning of suspects
had failed to produce any leads. Reading

ae

Car Barn Murder Gang

[Continued from page 21]

summoned State Detectives Edward J.:

Sherlock and Edward P. “Tip” O’Neil.

Sherlock and O’Neil, two of New Eng-
land’s most successful manhunters, were
attached to Reading office by the State
Police.

“What do you boys think of the Wal-
tham murder?” asked Reading.

Sherlock squinted thoughtfully.
“Well,” he said deliberately, “I’d say it
was the work of the same gang that’s
pulled all the factory payroll robberies in
Cambridge and Boston the past year. In
every case, witnesses have mentioned
four masked men. However, in the car-

barn murder, Ed and I feel that either

“And now let’s get Smith,” said
Dickinson.

Shortly after that there was a knock on
the door of room 811 of the Commodore
Hotel. C. Sterling Smith opened it
eagerly. But instead of Schwartz return-
ing with the money, two Secret Service
agents walked into the room and took
Smith into custody.

When Smith was brought to the office

of the Secret Service he was taken aback -

to be confronted with his runner. But this
was as nothing to the shock he received
when he discovered the overwhelming
evidence of high-grading and gold smug-
ling that had been piled up against him.
If he wondered how the agents knew all
about Mike the Greek and others who had
collected high-graded gold in the Ontario
gold fields with money he had advanced,
if he wondered how they had found out
about the gold which was smuggled over
the border in the hub cap of his spare.tire

_ he would have admitted to himself that up

in Canada, far from being asleep, In-
spector McKee and his men had done a
thorough job. They had been exceed-
ingly patient too, giving one of the king
pins in The Ring plenty of rope, waiting
until he had been caught making a final
sale and thereby completing the chain of
evidence.

But C. Sterling Smith was much too
concerned to wonder. Admitting his guilt
on three indictments, he was soon after-
wards sent to prison.

the killers cased the job beforehand, or :
that one of them was possibly a former
employee of the railway.”

O’Neil nodded. “It all fits in,” he
added. “The last trolley pulls in at 1:15.
We checked. The assistant cashier has
to wait for the trolley operator’s coin
box before he can check his receipts. The
killers apparently knew this. Another

. good angle is the Stutz touring car. There

aren’t many around. The registry could
help there.”

Reading smiled faintly. “All right,

boys,” he said. “Get onthe case. I won’t- .

worry about results.” He frowned,
tapped a pile of morning newspapers
spread out before him. “But the sooner,
the better! There’s too much public re-
sentment over these holdups and Fer-
neau’s murder.”

With Captain Currin, Sherlock and
O’Neil went over the scene at the car-
barns and later talked with the four vic-

tims. At the company offices in Boston, -

the two detectives conferred with the

general-manager and requested the a

vi

tS

=

names of all former employees who had |

been discharged for the good of the —

system. =
Sherlock and O’Neil were sent to the “@e


old suitcase under the bed was an empty
.45 caliber U. S. holster with a regula-
tion army belt.

Like Heinlein, Devereaux remained
stolid and untalkative. In a Brookline
apartment, John J. McLaughlin, married
and the father of two children, was placed
under arrest in the midst of his bewil-
dered family. A .38 caliber revolver was
found in a bureau drawer. McLaughlin
refused to meet his wife’s stunned gaze

. as he was led out.

Mrs. McLaughlin clutched Sherlock’s
arm, “Please,” she cried. “You must be
making a mistake. My Johnny didn’t kill
any. watchman. He’s a good man—a
good father.”

“Mrs. McLaughlin,” Sherlock said
gently, “if your husband is innocent, he
will come back to you.”

The fourth member of the masked
quartet was the leader, the man in the
green slicker. Mrs. Kane had said that
his name was Peter J. McLaughlin, and
that he was John J. McLaughlin’s
brother.

“This guy I’m afraid of,” confided
Sherlock to O’Neil as they headed for
McLaughlin’s residence in  Boston’s
South End. “He shapes up as a danger-
ous man. Well, we’ll see.”

But there was nothing for them to see.
Green slicker’s address was that of a
boarding house, and the landlady told the
chagrined detectives that Peter J. Mc-
Laughlin had left for parts unknown on
October 5. That was the day after Fer-
neau’s death.

Sherlock and O’Neil returned to Dis-

‘ trict Attorney Reading’s office, Heinlein,

Devereaux, and McLaughlin were there
under heavy guard. Harry J. Kane, the
driver of the getaway car, had shown up
on his own hook as his wife had said he
would.

Sherlock whispered something to Dis-
trict Attorney Reading. The prosecutor
nodded and beckoned for Kane to step in
Assistant District Attorney Ralph W.
Stearns’ office. Sherlock went to his own
office and called State Police headquar-
ters. Sherlock’s call started the wires
humming on a country wide manhunt for
Peter J. McLaughlin, the man in the
green slicker.

Returning to Stearns’ office, Sherlock,
after a short talk with Reading and
O’Neil, turned to Kane, said: “Until we
hear your story, we can’t promise you
anything. You've got to prove your own
case,”

“T didn’t know they had planned a rob-
bery,” began Kane somewhat nervously.
“I drove the Stutz, yes. When I saw
what they were up to, I couldn’t back out,
Honest, I couldn’t. You men don’t know
Peter McLaughlin. He swore he’d kill
me if I didn’t play ball. I couldn’t do
anything else. When I slowed down for
that cop in Waltham after the shooting,
Pete said if I didn’t keep driving he'd
knock me off along with the cop. What
could I do?”
~ “Peter McLaughlin was the man in the
green slicker, wasn’t he?” asked Sher-
lock.

Kane nodded. He answered all ques-
tions promptly, with apparent honesty.

64

ee

%

_ Kane said that John J. Devereaux was the

man who had shot and bludgeoned Fer-
neau. Peter J. McLaughlin, his brother
John and “Dutch” Heinlein were the
three who had taken the money. It was
Peter McLaughlin, related Kane, who
planned the carbarn robbery-murder, and

timed it to perfection. McLaughlin was

a former conductor for the railway !

Sherlock’s eyes narrowed. As he and
O’Neil had surmised, the job had been
planned by a former employee. But his
name wasn’t on the list of suspects. Sher-
lock made this point clear to Kane and
asked for a possible explanation.

‘Far as I know,” replied Kane, “Mc-
Laughlin quit of his own accord. He
wasn't fired. I’d say he hada clear record
with the company.”

This was a satisfactory reply. Kane
had no idea as to McLaughlin’s where-
abouts. Further, he swore his lack of
knowledge insofar as the Ward Bakery
payroll-murder was concerned. Kane
insisted that none of the captured gang
in the outer office had anything to do
with it. :

It was later proven that Kane was tell-
ing the truth, The Ward murder case
was solved after months of patient in-
vestigation by Detective-Lieutenant
Joseph Ferrari of the State Police. Jerry
“The Pole” Gedzium was arrested for the
crime. Gedzium was the leader of this
mob, and refused to name his accomplices,
Gedzium was convicted and died in the
electric chair,

KANE signed a confession which was

enough to break down John J.
McLaughlin, John J. Devereaux and
“Dutch” Heinlein. Devereaux admitted
shooting Ferneau and then slugging him
with the butt of his gun. Assistant Cashier
Mains and Operator Baker identified
McLaughlin and Heinlein as two of the
three men who had held them up. By his
clothing, his age and general physical
characteristics, Night Foreman Ellery

and Operator Wingate identified Dever- -

eaux as Ferneau’s assailant.
With the exception of the man in the
green slicker, the State’s case was com-

plete. McLaughlin, Devereaux, Heinlein -

and Kane were quickly indicted by a spe-
cial grand jury for murder in the first
degree. The case came up for trial soon
in the Middlesex Superior Court with
District Attorney Reading prosecuting.
Attorneys appointed by the court ap-
peared for the defendants,

Any hope that McLaughlin, Devereaux
and Heinlein might have had was soon
uprooted. District Attorney Reading
played a trump card when Kane was al-
lowed to plead guilty to being an acces-
sory after the fact of murder. And be-
hind closed doors, Kane agreed to turn
State’s evidence as his wife had said he
would willingly do. The murder indict-
ment against him, therefore, was nolle
prossed.

It was the beginning of the end for Mc-
Laughlin, Devereaux and Heinlein, They
were found guilty as charged and sen-
tenced to die in the electric chair at
Charlestown. Judge George Flynn dis-

A

missed the court. The date of the execu-

tion he would release later.
“Well,” said Sherlock to O'N eil, “three

down and one to go. The only trouble is «~~

that Peter McLaughlin has one helluva
start on us.” .

It seemed more and more so as the days
went by with no trace of the wanted man.
Sherlock and O’Neil followed many leads
which resulted in long jaunts around the
country with no tangible results. One
thing they did find out though, and that
was McLaughlin’s knack as a roofer. This
was broadcast throughout the country
with a request that all roofing concerns,
general contractors and employment
agencies be checked.

But not a trace of McLaughlin showed
up until District Attorney Reading sum-
moned both O’Neil and Sherlock to his
office. “I've just received a call from the
New York police,” the prosecutor said.
“It looks like a good lead. Peter J. Mc-
Laughlin’s name was found listed as a
roofer with the Asphalt Tile & Roofing
Company in Long Island City. The de-
scription sent along fits McLaughlin.
Get going.”

Sherlock and O’Neil left with the
thought that McLaughlin must have fig-
ured he had eluded the police inasmuch
as he used his own name. It was late the
afternoon of March 2, 1926 when the two
detectives arrived in New: York City.
They hurried to Centre Street where
Detective-Inspector Arthur A. Dix took
them in hand.

While they were discussing means of
trapping Peter J, McLaughlin, their

' plans were somewhat stymied when news

reached them that the Roofers’ Union had
called an unexpected strike due to wage
difficulties.

“Well,” sighed Inspector Dix, “we'll
still go ahead on the chance that Mc-
Laughlin might show up for work. A
called strike doesn’t include all roofers.
A few are bound to show up. What do
you boys think ?”

“Okay by me,” said Sherlock. “1

want to get my hands on this McLaughlin
more than anything else.”

Early the following morning, the three
detectives went to the Asphalt Tile &
Roofing Company. They waited around,
but McLaughlin didn’t show up. Reluc-
tantly, after being unable to pick up any
information concerning their man, they
returned to Centre Street. Sherlock called
District Attorney Reading. He was told
to stay in New York until the strike was
settled on the chance that McLaughlin
might report for work.

. Sherlock and O’Neil played a patient
game in the search for the man in the

green slicker. Finally, on April 9, the -

roofers’ strike was settled. The two Mas-
sachusetts detectives were on hand the
next morning with Inspector Dix.
Shortly after 8 o’clock, a tall, lean hand-
some man showed up. He was dressed
in working clothes. The three detectives
looked knowingly at each other and closed
in on him.

Sherlock tapped him on the shoulder.
“Hello, McLaughlin,” he said. “We've
been looking for you.”

McLaughlin’s face paled. “Hello,” he

Re

te ~ pit ot a A ys
Pee Maelo.


the four bandits if you saw them again?” asked Captain Currin.

Mains and Baker said they would—that while they were
Standing against the wall, they had ample opportunity to study
the man in the green slicker and his two cohorts because their
masks kept slipping down. Ellery and Wingate, outside of their
physical description of Ferneau’s assailant, replied in the
: negative.
tae Captain Currin checked the scene of the robbery with no re-
"|. sults. The bandits wore gloves, so the possibility of fingerprints
-, Waseliminated, Inspectors Lyons and Tracy searched the yard
“=:* amidst the pouring rain without finding anything.

a Captain Currin said grimly, “If Ferneau dies, there’s a pos-
/> — sibility that we might never catch up with them.”

“ “You mean that they'll break up and scatter for parts un-
known,” suggested Inspector Tracy.

“I can’t see them taking a crack at more robberies,” Captain
Currin remarked. “With every cop in the state on the lookout
for them, I don’t think they’d be that foolish. Anyway, I hope
Ferneau pulls through.”

Bad news was waiting for Captain Currin when he returned
to headquarters. James R. Ferneau had died at 2:25 without
regaining consciousness. Medical Examiner George L. West’s
report showed that Ferneau had died of a cerebral hemorrhage
induced by a severe beating and the complications of a severed
artery in the leg where he was shot.

A second report on Captain Currin’s desk was from Patrolman
Joseph B. Lyons. Around 1:35 that
morning, Lyons had attempted to stop a
speeding Stutz touring car on Main
street. The driver had swung in Lyons
direction and had slowed down to idling
speed when a voice cried out: “Keep
going or it’s [Continued on page 62]

we LL

This vicious leader of the
‘masked quartet threatened
to shoot any member of the
gang who didn’t obey orders.

From there on, it was easy for Cap-
tain Currin to piece together the facts
of what had transpired outside. The
bandit accosted Ferneau, ordered him
inside. But Ferneau wasn’t having
any. He must have antagonized his
armed opponent by putting up a fight.
Ellery and Wingate heard the bandit
warn Ferneau not to be a stubborn old
fool. Then the shot, and Ferneau’s
repeated cries of pain. There was
silence for several rain swollen mo-
ments, and then the scuffle of a des-
perate struggle.

The three bandits from upstairs

came racing down and bolted past John McLaughlin who was
Ellery and Wingate lying on the floor. apparently a respectable
Ellery, throwing caution to the winds, family man was led into

picked himself up and dashed outside. life of crime by brother.
He spotted the four bandits storming

across the yard to where a fifth bandit
sat behind the wheel of a low slung,
powerful car. The bandits piled in as
the car rocketed forward witha savage
burst of speed.

“Would you men recognize any of f

°

District Attorney Bushnell carried on with the €
investigation and prosecution of gang when
superior was elected to a higher office. :

bean
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ere in the
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Landing.”
xcitement.

did you

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back into
returning

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he bright
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iedell ex-

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xs frame
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itractive

rECTIVE

dark-eyed woman prominently displayed.
“That looks like Julia Hawkes,” he mut-
tered.

“Tt is,” a youthful voice answered. The
detective glanced up. A handsome young
man stood in the entrance to the gallery,
watching the passengers alight from the
train.

“Are you Williams?” the Constable
asked, reading the name upon the card.

“Pm Wells Elliott, his assistant,” the
youth replied, “but I speak for the town
when I say there was never a woman
more liked or respected than Mrs. Hawkes.
And there isn’t a man in Hanover, myself
included, who wouldn’t like to get his
hands on her murderer.”

“How about Costley?”

“Costley?” Elliott stated. “One of the
best liked men in town even if the White
Ribboners did make him close up.”

The Constable caught a signal from
Pratt now some distance down the pic-
turesque tree-arched street. “By the way,”

he asked as he moved away, “who had

the hotel before Costley?”
“Man by the name of Frank Howard,”
came the reply.- “Used to be a tailor.”

FruRNALD caught up with his colleague
at the Four Corners once made inter-
nationally famous by the best, seller Quin-
cy Adams Sawyer. Pinkham signaled from
an opposite corner where he had the Inn
under observation. He joined the group.:
“Costley’s inside,” he said in a low voice.
“Went in a few minutes ago. Seemed to
be in a hurry.”

Leaving Pinkham and Philbrick outside,
Furnald and Pratt approached the closed
front door. One of them lifted the bronze
knocker. Its brazen clangor echoed eerily
throughout the empty hostelry. There
was no response.

“He’s not going to open up,” Furnald
observed. “We'll go in and get him.” He
lifted the latch.- The door opened and
they stepped inside the broad, spacious
hall. Near what used to be the office
they stopped to listen.

“It’s too blame quiet in here to suit
me,” Pratt mumbled. “It may be a trap.”

The other held up his hand. His keen
ears had caught muffled sounds from the
second floor.

The detectives crept: silently up_the
stairs. Through a half closed door, Fur-
nald glimpsed a young muscularly built
man, faultlessly dressed, throwing clothing
into” a open suitcase. The Constable
pushed the door open and stepped quietly
into a room empty of furniture except for
bureau and bed.

A floor board squeaked. The man turned.
His face flushed with anger. “What do
you want, sir?” he demanded.

“Your name Costley?”

“What if it is?”

“Nothing,” the State Constable coun-
tered. “Going away?”

The former hotel proprietor pulled out
a fancy brocaded vest from the bureau.
He folded it carefully and placed it in
the suitcase. He reached inside the drawer
and placed a flat envelope between the
folds of the vest. Then he straightened
up. “I’m leaving for New York on the
night train.”

Furnald spoke to Pratt who stepped in-
side. Then he walked down the_ hall.
Somewhere within those somber walls, he
felt certain he would discover what he
had come to find. He glanced in room
after room. All lay empty; he remem-
bered now the furniture and furnishings
had been sold at auction a few weeks
back.

Stairs lay ahead. He climbed them and
found himself inside a low studded attic.

He picked his way across a floor lit-
tered with odds and ends toward a closed

NOVEMBER, 1940

door at the farther end. It was bolted
with an old-fashioned lock. Furnald’s eye
fell on a dark discoloration below the
knob. He stooped to examine it closer.
It looked like blood.

The detective picked the lock and
stepped inside. Dust hung thick and for-
gotten upon floor and walls begriming the
cobwebbed windows. Evidently the place
had been used for a catch-all for broken
furniture and other rubbish. His eyes
studied a dark-stained towel thrown across
a dirt-caked round of a legless rack. Ahead
on a dust-covered shelf protruding from
the wall, the Constable saw several long
objects with curved extended necks.

He stepped closer. The: dull-coated ob-
jects took on sudden sinister significance.

They were duplicates of the tailor’s
goose found in the gunny-sack,

And on the same shelf appeared an- -

other grim narrow outline, shaded by a
lighter dust coating. Here another tailor’s
goose had rested before being moved.

Furnald’s expression hardened. In an-
other corner, he made a. second discov-
ery. Stuffing this new find into his pocket,
he returned down the stairs.

Costley turned cold appraising eyes upon
him as he reentered. ‘Did you find
what you expected?” he asked.

“More.”

“Then I wish you'd be off,” the inn-
keeper said. “I’m catching the after-
noon train and have little time.”

“You're not catching any train,” the de-
tective told him. “You're under arrest.”

The man lunged swiftly toward him
before he could draw his gun. Pratt had
been waiting such a move and closed in
behind. Costley slipped free from his
encircling grip and sprang for an open
drawer. Steel flashed as his hand shut
upon the butt of a concealed pistol. Fur-
nald leaped in with upraised gun. He
brought it down upon the extended wrist.
Fingers relaxed, The weapon dropped.
Purnald kicked it into a corner and closed
in. During the struggle, a small metallic
object dropped from a torn vest pocket.

Furnald picked it up as Pratt backed
Costley to the wall. The detective glanced
at his find and then at the prisoner. “A
Smith and Wesson cartridge.” he observed,
“and unless I’m much mistaken, it’s the
same caliber as the bullet which killed

Mrs. Hawkes.”

PRATT opened a window and signaled
the other constables. They appeared as
Pratt, going through the neatly packed
suitcase, pulled out the envelope which the
prisoner had inserted between the folds
of the brocaded vest a short time before.
He peered inside, then pulled out a hun-
dred-dollar bill, two fifties, three tens
and cight of one-dollar denomination.

Something clicked in Pinkham’s brain.
“That was the exact amount and those
were the denominations of the bills which
Mrs. Hawkes drew from the Union In-
stitute a short time before her death!”
he exclaimed.

The prisoner glared at his accusers but
remained silent.

During the afternoon, Pinkham and
Philbrick took the prisoner by train to
Plymouth, where he was lodged in the
County Jail.

From Wells Elliott and his employer,
Williams, came incriminating information
regarding a heavy suitcase which the
prisoner had brought into their picture
gallery on the morning of the day he had
hired the horse and carriage at Riedell’s
Stables.

While I was assembling the facts in
this story, Elliott told me about this visit
in almost the same phraseology he had
used sixty-six years ago when talking to
the detectives.

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67


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and a
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out the

t Pink-
tances?”

HTECTIVA

“Why—yes. It was closing time and I
had already emptied my till. She came
in and said she needed the money at once.
I went to the safe and drew it out. As
I recall there was a hundred-dollar bill,
two fifties, three tens and other small
bills.”

“Was she alone?”

“The teller did not immediately reply.
“T think there was a gentleman with her,”
he answered finally, “but I can’t be sure.”

The detectives drove on to Oxford
Street where Mrs. Randall herself opened
the door. ‘She stared at her visitors
through reddened lids. Informed as to
their business, she burst into tears.

“T should have known there was some-
thing wrong when she came that day!” she
exclaimed. “She only stayed a few hours.
Then she disappeared.”

“Disappeared,” echoed Philbrick.

| COULDN’T understand it. She said
she was planning to be with me for
several days and wanted me.to go to Wol-
laston Heights with her to pick out a
house. I should have realized something
was wrong. She seemed so dejected and
anxious. I. thought she was lonely for her
son, About five o’clock she discovered she
had no thimble. She put on her hat and
coat and went out to buy one. She never
returned.”

“You mean she stepped from your house
to buy a thimble and never came back?”

“Yes—that’s what happened.”

“When was this?”

“On Tuesday, May 12th.”

“Why didn’t you call in the police?”

“Julia was impulsive. She had left my
home before without warning. I thought I
might have said something at which she
took offence.” ~

Pinkham asked one more question. “Did
she have a tailor among her men ac-
quaintances?”

“A tailor,” Mrs. Randall repeated, obvi-
ously bewildered. “She had no_ men
friends at all, that I know of. But a
tailor! Gracious, no. Why do you ask?”

Outside the Randall home, the detec-
tives paused, puzzled. Tinkham and
Forsyth had stated the woman had been
dead for about twelve hours when dis-
covered.

“According to the baggage master at the
Old Colony depot, the trunks were called
for two days after she left Mrs. Randall’s,”
Philbrick remarked thoughtfully. “If we
could learn where she spent the last eleven
days of her life, we might have some-
thing.”

“We'll go back and call upon Daniel
Lynch.” Pinkham suggested. “He should
have the answer.”

It was not until the next morning that
they found him in his office. At first he
denied all knowledge of the two large
russet leather Saratogas shipped by Mrs.
Hawkes. Confronted by the baggage rec-
ords, he admitted that he had probably
called for them but he had no recollec-
tion of doing so and could not remember
where he had delivered them. Nor could
the combined questioning of the two de-
tectives freshen his memory.

Philbrick and Pinkham finally desisted.
For the moment thwarted, they returned
ww to Headquarters on Beacon

ill.

In another part of the city, an ex-
hausted Napoleon Bonaparte Furnald was
still making the rounds. Since Sunday
afternoon this conscientious officer had
stopped but little for rest or food. Al-
ready in Boston he had visited nearly
forty livery stables in an attempt to track
down. the lead of the numbered carriage
robe and he was forced to admit he knew
no more than when he had begun thirty-
six hours before.

As he turned down Van Rensselaer
Street, he drew the list from his pocket
noting that seven stables remained to be
checked. Ahead loomed the large painted
sign of the Riedell Stables.

John Riedell, the proprietor, rose from
his chair in the open door and came for-
ward to greet him as he drove into the
yard. The detective introduced himself and
then reached inside the buggy and drew
out the carriage robe which he had shown
so many times.

The proprietor looked at it with awak-
ening interest. “Where did you get this?”
he asked.

“Does it belong to you?”

The livery man took a second stare at
the mud-caked blanket and turned_over
the corner with the metal disk. “That’s
our mark.” he stated. “TI didn’t know we
had any robes missing.”

“Wy ERE trying to locate a carriage
which somebody rented on Saturday
night to go to Weymouth Landing,” the
State Constable continued. “The person
who rented this carriage did not return it
until long after midnight, perhaps not
until later in the day.”

Riedell led the way into the office and
took down his ledger. “We didn’t get
many calls for rigs on Saturday,” he said,
his stubby forefinger running down the
columns. “Too bad a night. Here’s one
though. Buggy rented at half-past six and
brought back the next morning at two
o'clock.’ Come to think of it, I let that
myself.”

“Who rented it?”

=

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“Costley was in the habit of dropping
into our picture gallery to pass the time
of day whenever he was in the neigh-
borhood.

“On this particular morning he walked
in, carrying a suitcase I had never seen
before. It seemed. very heavy and when
he set the bag down on the table it made
such a noise that both Williams and I
jumped. Before he left, the bag got
knocked to the floor in some way and
came partially open. Costley sprang to
pull it shut. But before he did so, both
Williams and myself got a glimpse of a
queer looking iron.

“He made some more small talk and
then hurried to the train. We watched
him as he climbed into a forward coach,
wondering what he had in that bag. Of
course, if must have been the tailor’s
eoose.”

The description of the suitcase coin-
cided in appearance with the one Riedell
had seen Costley place in the rented buggy.

Boynton, Furnald and others brought
the fatal iron to Four Corners Inn. The
base of the smoothing iron conformed
in all details with the telltale outline left
bare on the dust-covered shelf. Furnald
also produced several gunny-sacks that
examination revealed to be identical with
the sack containing the death iron. He
explained he had found them in a corner
of the locked attic storeroom, Subsequent
investigation disclosed they had been left
by a former guest.

Brought before Justine Lord in Ply-
mouth court on Wednesday afternoon,
Costley pleaded “Not Guilty.”

Hanover residents did not believe this
jovial, hail-fellow-well-met, could be a
murderer despite the damaging circum-
stantial evidence. A descendant of wealthy
Long Island tories who had fled the coun-
try during the revolution, Costley, thirty-
four, had come from Nova Scotia four
years before to enter the service of Frank
Howard, proprietor of the Four Corners
Inn.

He had entered wholeheartedly into the
simple community life and had made many
friends. During the previous year when
he found himself financially able to take
over the management of the Inn they re-
joiced at his success. They did not con-
demn him when he lost his license to
operate because of liquor violations. And
now, despite his arrest, they remained
loyal.

Furnald, Philbrick, Pinkham: and Pratt
dug out more incriminating facts. They
discovered that a secret engagement had
existed between the attractive widow and
the accused murderer who promised mar-
riage, although it was known about town
he was betrothed to the charming Miss
Cushing, a local heiress “with property in
excess of $12,000.”

Detectives checked upon other young
and beautiful housekeepers whom Costley
had employed.,) One of these had mys-
teriously disappeared and her whereabouts
could not be determined. Another, Mrs.
Love Condgon, a 24-year-old divorcee from
Hyannis, had been taken violently ill and
died shortly after her resignation had been
asked for by Costley. Mrs. Hawkes had
supplanted her. Coroner Eben Waterman
had held an inquest. The verdict was
brought in that the young woman’s death
“had been caused by poisoning, admin-
istered by her own or another’s hand.”

Police now charged Costley took this
way out to dispose of a woman whom he
did not intend to marry; they charged he
had made Mrs. Hawkes a confidante, an
accusation which the dead woman’s friends
denied and resented.

Then an opportunity, had arisen for
Costley to wed a real heiress, for in those
days $12,000 was considered a fortune.

But Mrs. Hawkes and her knowledge of
his ‘dark ‘secret stood between riches’ and
the accomplishment of mercenary ambi-
tion. So he removed Mrs. Hawkes.

Furnald, seeking to uncover new evi-
dence, undertook to ‘trace the route taken
by Costley on the night of the murder,
working along the roads leading from
Weymouth to Four Corners Inn. He fol-
lowed the trail to Hingham, a town below
Weymouth. Here in a lonely spot he dis-
covered unmistakable signs of a struggle
and a bit of torn cloth with lace edging
which he afterwards fitted into the torn
section of the dead woman’s petticoat.

Costley denied everything.

Meanwhile the question of jurisdiction
arose. . The body of Mrs. Hawkes had
been found in Norfolk County but Fur-
nald’s discovery indicated that the victim
had been slain in Plymouth County.
Where would the man be tried?

To settle this problem and others which
might arise, Judge Devens made a ruling
which stated that the finding of a body,
with the marks of injuries sufficient to

Wells S. Elliott, photographer’s assis-
tant, gave police valuable information
in their search for the slayer

cause death, in the absence of all other
evidence whatsoever to show that the
offence was committed somewhere else,
would warrant the jury in finding the
offence to have been committed in the
county where the body was found. This
ruling has been referred to more than
once and has had an important bearing
on Massachusetts law during the sixty-six
years which have elapsed.

Costley was therefore discharged from
the jurisdiction of Plymouth County, re-
arrested by Pinkham and Philbrick and
brought to Dedham in Norfolk County
where he was indicted for murder. He
bh to trial on Monday, December 28th,
1874.

There were gaps in the government
case but circumstantial evidence was
against the prisoner.. No explanation was
ever given by Costley regarding the blood-
stains in the attic storeroom. Nor did he
volunteer any information regarding the
woman’s missing earring and finger ring.
Neither was it definitely established where
the circumspect and scandal-free Mrs.
eeneee had spent the last few days of her
ife.

The proceedings lasted six days. Costley
was sentenced to be hanged.

On Friday, June 25th, 1875, he walked
to the gallows. He seemed in jovial mood,
apparently holding his life in the same
light regard as the lives of those whom
he had murdered.

MASTER DETECTIVE

setting out fo

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| Talked with God”

(Yes I did—Actually and literally)

lt of that little talk with God some ten
oncrs ago, a strange new Power came into my life.
After 43 years of horrible, sickening, dismal failure,
this strange Power brought to me a sense of over-
whelming victory. and I have been overcoming every
undesirable condition of my life ever since. What a
change it was. Now—lI have credit at more than one
bank, I own a beautiful home, own a newspaper and a
large office building, and my wife and family are
amply provided for after I leave for shores unknown.
In addition to these material benefits, I have a sweet
peace in my life. I am happy as happy can be. No
circumstance ever upsets me, for I have learned how
to draw upon the invisible God-Law, under any and
all circumstances.

66

You too may find and use the same staggering Power
of the God-Law that I use. It can bring to you too,
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Dept. 133, Moscow, Idaho. Advt. Copyright 1939 Frank
B. Robinson.

“One of our new customers, a man by
the name of Costley.. Lives here in the
city. Came in with a heavy suitcase which’
he put into the carriage. Told me he
was going down to Weymouth Landing.”

Furnald curbed his rising excitement.

“When you cleaned it up, what did you’

find?”

“Haven’t touched it yet,” the livery
stable proprietor replied. “Been too busy.
That’s the one over there, covered with
mud.”

The Constable crossed the yard and
peered inside. There was no carriage robe,
he noted, but that would have been re-
moved. A glint of scarlet behind the seat
attracted his attention. Something had
fallen almost out of sight behind the dark
green broadcloth upholstery.

He drew it forth and started in shocked
surprise.

Then he turned and hurried back into
the livery stable. Riedell was returning
the ledger to its place.

“Where did you-say that man Costley
came from?” he demanded. .

“IT said he had a room near here on
Camden Street but he lives down in Han-
over. Used to be proprietor of an inn
in that town.” He paused, startled by the
change in the detective’s expression.
“What’s wrong?” ‘

“This!” Furnald drew out the bright
red object he had found behind the seat

in the unwashed buggy. ect

~ WOMAN'S slipper!” Riedell ex-
claimed, surprised.

“Right,” returned the Constable grimly.
“Unless I’m very much mistaken, it’s the
mate to the one I found last Sunday
morning on the foot of that young woman,
whose body we took out of the river at
Weymouth Landing.”

He obtained the Camden Street num-
ber, sprang into his buggy and drove
down the street. He pulled to the curb
outside a modest home, ran up the walk
and banged on the door. It opened, and
Furnald stared in surprise. The man .on
the threshold was Donald Day, a Boston
police officer whom the Constable knew
slightly.

“Tm looking for a man named Costley,”
the Constable stated after a few hurried
words of explanation. Day replied that he

had not seen the boarder for several ~

days and Furnald asked to see the man’s
room. It was empty except for simple
furnishings and two large, expensive Sara-
toga trunks. : :

“They belong to Costley’s cousin,” the
police officer explained. “She used the
room once or twice when he was out of
the city.”

Furnald gave them a fleeting glance as
he passed. He was not-surprised when he
saw the initials “J. H.” on the ends of
each trunk.

“Then Costley is not in the city?” he .

asked.

“He’s down in Hanover packing,” Day
replied. “He intends to go away for a
short. trip.”

Furnald looked at his watch. It was
almost noon. Leaving instructions to hold
Costley if he should come back, Furnald
rushed to Headquarters and contacted
Chief Constable Boynton who ordered him
to Hanover at once with Constables Phil-
brick, Pinkham and Pratt. They arrived
at the Old Colony Depot in time for the
early afternoon train.

Three-quarters of an hour later, the men
alighted from the train in this small
country town. As prearranged, Philbrick
and Pinkham hurried ahead to the Inn.

Furnald paused by a huge glass frame
outside the photographer’s gallery of J. N.
Williams near the railroad station, eyes
resting on the features of an attractive

MASTER DETECTIVE

dark-eyed wo
“That looks !
tered.

“It is," ay
detective gla:
man stood in
watching the
train.

“Are you
asked, readin

“Ym Well-
youth replie:
when I say
more liked 01
And there is
included, w!
hands on he

“How abo

“Costley ?’
best liked m
Ribboners

The Con
Pratt now
turesque tre:
he asked a:
the hotel bi

“Man by
came the re

URNAL]
at the I)
nationally f
cy Adams &
an opposite
under obser
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“Went in a
be in a hu
Leaving |
Furnald ani
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“He’s not
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lifted the
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“It’s too
me,” Pratt
The othe
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second floo:
The cet:
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man, fault!
into an ©
pushed the
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bureau and
A floor b
His face fi
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“Vour ni
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“Nothing
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He folded
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and placed
folds of th
up. “I’m
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Furnald -
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Somewherr
felt certal
had come
after roon
bered now
had been
back.
Stairs la
found him
He pick
tered wit!

NOVEMBER,

wk @

166 SIMEON L, CROCKETT,

* Weeene

spires, The intoxication of licker. The RETAILERS are
Ho mere Guidths than the men that drmks it. I feel te
render the ost tender and. pitetul feclings towards suteh
people. My hart pains me when EF think on them and to
think how miserable tha are before. a raign trying, and
hart searching God, whose fulness file the Wneverse, his
resenee is every Were, and cannot be deceived hy roan.
fine mutch better it wonkd be if tha would) rend their
bible and attend to there Sonts Salvation, and he seen
bowing around the fumele altar, and thase females aronnd
them, commending there soul te that God who gave it te
them, remembering that they hav a soul that must exist
some where for ever in heaven, or hel.

Ritten by my owne hand the evening before execution.

ive hat given any wrigten to eneone before this, and
if thare is any thing separate from this it is connterfit,
Fare well vain world. SIMEON T. CROCK ETT,

Pursuant to their sentence, and we may add in accord-
ance with the settled conviction in the minds of the com.
munity of the necessity of their execution, these unhappy
and musgnided men expiated their atrocious crime on the
seaifuld in the jail yard, ata quarter past ten on the
morning of Weduesday, Mareh 16,

Russell assuredly, and perhaps even Crockett, enter-
tained hopes of a commutation of punishment. A little
after eight, the Rev. Mr. "Taylor, of the Bethel, accompa-
nied with a few relivioas friends, entered the jail, and for
the convenicnuee of their exercises both prisoners were
placed in one cell, though each manifested a disiuelination
to meet the other, Alter the religious services were con.
cluded, however, the question being put to them, they
both declared that they did not cherish any feelings of
resentinent towards cach other. Crockett, ever since his
conviction, has expressed himself with evident hostility
towards: Russell, whom he Justly aceused of having en-
shared hun ito a course of crime, which has proved fatal
to both.

Sher! Sumner read their deathewarraut to them in the
cell, from which they were Homediately conducted to
the seailuld. As soon as they reached: the platform, they

weet. PPO OR ENO S cen ece

SIMEON L, ChockErT, 167

OPS eRe eeees "OOP ORO em teresa,

novrtene ses snensetoensseegneseseses.,..,
Were at onee fully pintoned ane their final
. ees th wet nk thie Lieet in which hey
ever beheld the light of day — Ws @ Hane
tremulous dings Salieaied ‘tence rece cae
displayed Mere composure and firtiness the ey i;
bo igh this brief Apace in prayer: and veeasionaly ee
fords "Save me! save met! deep fane Nee
be heard proceeding from inepe ier hor
drawn over his fine, Juang Iefore the Hheril called for
him he made a fervent Prayer. in which he jn ore tf ;
divine blessing Upon Dinaself pays brother ity a , bi
rents and his waite ana Children. cre
All the preparations being completed, the sheruf freed
Ip the death-warraye, Mud Observed ——- Paelel iy r
hand a Warrant from the Government of Mass hineae
commanding We to inthet the pitttis of death tipo Sin nes
1 € rocket and Stephen Russell and chloe sia ; ‘g i
HOW going to diseharce my duty. os, Saying a reine
the stage, observed fo see at all was clear, and al ‘
literally Cut “the brittle thread of life.” and the Crop tll
with MS peculiar dead, dull sonnel, ve
Phus died, in the Prine of Life. these truly unfortunate
men, who fell inte erime by the nee of Nioenr Niiatrn,
we Rey. Me. Taylor asked them if they had any come
plaint to make Agvet the decision of the jury zs theakp
case, or against the Governor and Couneiwd for hot
Pardoning them. They replied = that they bad none, ¢ :
Verdict wax Just— their en crimes had broweht ! :
there, and they fully deserved execution.” :
ruly “the Way of transgressors ix hard.”

POrition wel jigs

Atal ae
a x
Cdn: Gh tere wer een

ar po ste Se
Vemmner cast? a a rnase Cn ei


SIMEON L. CROCKETT.

SESSION TER OE SES MONO RE SHER E ORL ene eenene een eeeees ene

164

be made upon it? None is needed s it speaks for itself
and says, “the way of tratiseressors is hare

Phereby certify that the followmy is weopy of the paper
written by Simeon L. Croekerr the vide before his execu.
tion, (omitting only a few sentences of & more private
nature.) "Phe original is in iny possession.

LOWARD WN PAY LOR,
Boston Jail, March V5, 1836.

Pnow under a deep sense of my situation. wright a few
lines to leave dneearth, after E leave the world in ducinore
of me, while my spiret is gene inte the world of xpirets,
I feel to give glory to God. that he is able and: willing to
save all that, will come to tim, and js vet Willing that any
should perish, but all should come to the knowledge of
the truth and be saved. As Ehave not lett ~ Wrighting
for any one Enow leave a litte inthe hands ot | Ir. "Taylor,
wnd for him todew as he sees Gitwith at would leave a
few lines to show how Leame to be in this situation, As
for myself Enever was a Villian, nor given to reagare. Ot
Was hever my ealeulation to lye, or cheat, fora living, nor
steal, but caleulated to vet it onestly by labor ane it would
proved so to this day if € had hot fel into cumpany with
Stephen Rusel, whieh | dew aterm to be trew he has led
mein, "Po this state of a stortune and on the brink of
my grave FE feel to bles God that | ever was a theal, nor
a robber, nora murderer, nor among bad women, and my
mind has always been far from it, and they would not
cattine into this secape, if tha had not eautme tnloricat.
ed, and Lihd net know what f was about nor where they
was a geting meto. EP have had many heavey reflections
since my trial te think that U had hot pled guilty and let
Freman loose his part with us, but f was in hope to spilt
his evedence, and by that means | pleaded not guilty.
So now Psee the efleet of filling inter dered rompany. |
feel to warn all my Youne Friends to heep out of suteh
company and never to drink ane ARveNt Seine. I eon.
sider it the worst weapon a man ean use to take his life
with, and make him eternally miserable, PE feel to warn
you as a dying friend in the name of God to abstain from

eee

Soe

SIMEON L. Crock ert;

165

TOP OPOe CSR OD Dee See cre eetececeeece heat Le os ee

Caen wees

drinking, for one badd Wat spends a henelpeed, for when
rua is in, Wat as nt, cane the eval ps allways reddy to
help to dew mischier wd dead aan te trouble ane
then Jeave him te KOU Ont he ean. but remember yen
have pot to Pas threw the course of law to get out. and
When you are inelosed With walls of Stone, yeu will then
Desi te cethees MPP your past life, and wish yeu had
tel your bible, ane Bete te testing onthe Sabath. TG |
evenings been at heme with SOUP WINES, oF at your becerele
Me houses, i readin your fable and other fod books,
HHL uot give your wives the Poviles of petting PCrtents ste
ef the Gaal Keeper te let them Cotne, and look threw the
little tiap coor sand Weap over you, and retum Fieve.
With broken heart and “ty. rune wl brandy pat our his.
bands in Gail No Wonder se imnany Crimes are Conasterd
with the drunkard When his brains is beontert inn evi, ring
and brindy, when the natural man has fled ane PT at T a |
brandy has changed a man into a te ast, and destroys the
finest works of nature. How often it is the case that you
“ee & than on Saturday night Magering home with a bottle
of alkahol in his hand, to last over Sabbath, and again
you see the wife of a man welcoming the bottle of rum
and tha must have a Shap at it the first, and chikdren must
take a part with them, and after a few fashenable drams
all natural affection for each other is gone, and all human
nature drowned, and business Up, andl the chiklren he.
wildered and ruff handled by these parents, and brout up
as brutes and live and dy as brutes. Who ean eXpect
Bois and Girls brout Up in this manner will make geod
men and women or ever be capable of bringing up a
fimiley, that must think they are rascing Up subjects: for
eternal misere, and a Krate condemnation to themselves,
Te would be mueh better if tha had never ben born and
His atrath that the Semahs use antent s drets as muteh;
as ten according to thare priviley ie dround  thare
delacesse, and then thi will quick form a had character,
wud that as lo as the hist tha stand upper, and then a
bad house ix the delight of a drunken man. Mene a
Promising youth has ben led into suteh houses and ruined
lorever, and all the cans of this is by the use of ardent


4

CAPITAL PUNISHMENT DATA SHEE

1 Me eo an ee ot ee

_ Mas stehusedfs , an

STATE INVENTORY #

OFFENDER TEETERS~ZIBULKA INVENTORY DATA OTHER SOURCE DOCUMENTATION

NAME: Pos. coheed ce. Mane Mt Thee on UnTe4 Get 17 po p-
RACE: Ww

SEX: fF

OFFENSE: Un Teh cea £7

DATE EXECUTED: I1GGY

COUNTY: Ag 570

AGE: |

VICTIM
NAME: -
RACE;
SEX:

AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
‘INFORMATION:

DATE CRIME
COMMITTED:

DATE SENTENCED: .

DAYS BETWEEN CRIME AND SENTENCING:

DAYS BETWEEN CRIME AND EXECUTION:

COUNTY SIzE:

DAY OF THE WEEK EXECUTED:

OFFENDER RESIDENCY:

MEDIA ACCOUNT OF CRIME: | ic : Pye
Ty 4 SEnkcy ra Rese Ney fou d On hee belly a Nis Lits ; "Meio. ee
100g 5 which Me ssid Rose ascerhrl TA sete a AT The rad
Ney fouwl ices MEX MT weee. pasl[ce yaw The form ce ; a Z }

{ The Lovg That, Ne was A litle Hole , hick agpracd, 4% if wFwly Sucked)

hid bp ow STRAtrtig IT) A while Milka wife, wsusl ouTr

MASSACHUSETTS
STATE

OFFENDER:

NAME: Amy Duny

RACE: White

SEX: Female

OFFENSE: Witchcraft
DATE EXECUTED: 1664
COUNTY: Boston
AGE:

VICTIM:
NAME:
RACE: ©
SEX:
AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF THE
WEEK EXECUTED:

OFFENDER
RESIDENCY:

MEDIA ACCOUNT
OF CRIME:

@> uny | |

CAPITAL PUNISHMENT DATA SHEET

INVENTORY #

SOURCE OF DOCUMENTATION
(TITLE, DATE AND PAGE#)

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Don't Cry For Me

(Continued from page 37)

“Was there another man, at that time?”
the superintendent asked.

The man shrugged. “Perhaps. I never
learned. Within a day or so she'd gone.
From time to time after that I heard of
her through friends, but I never saw her
alive again. Last September an acquaint-
ance told me she’d bought a lodging house
in Boston, at Charles Street and Columbia
Avenue. I had no idea where she'd got-
ten the money, for she certainly had noth-
ing when she left me only a few months
before. I planned to visit her, see if I
could find out.”

“And you did?”

“No, I kept putting it off. I guess I
realized that it wouldn’t do any good. But
shortly after Christmas I had to come up
to Boston and on an impulse I stopped in
the neighborhood. It was the twenty-
seventh or twenty-eighth, as I recall. I
went up to the house that was pointed out
to me. I rang the door and a man in his
shirtsleeves appeared. I asked to speak
to my wife, thinking he probably was one
of her lodgers.”

He said he’d remained at the house for
about half an hour. The man told him
that Alice had left the day before, in the
company of another lodger. She had not
returned and the man, who had not identi-
fied himself, expressed the belief that she
never would come back.

“From his manner, I gathered he was
trying, in as tactful a way as possible, to
tell me that my wife had run off with an-
other man,” he added.

Crowley asked, “Would you know this
man, if you saw him again?” The super-
intendent picked up from Inspector Den-
nessy’s desk a photograph that had been
turned over to him the day before by Miss
Wood. It had been taken during a Christ-
mas Eve party and showed the slain lodg-
ing house proprictor with two men, stand-
ing near an ornamented Christmas tree in
the living room of the Charles Street
house.

“Bither of these men look familiar?”
Crowley asked,

The slain woman’s husband studied the
men standing on cither side of his wife.
Both were in their carly thirties, both of
medium height and build, both dark com-

‘ plexioned with wide-set dark ecyes and

square jaws. They could have been broth-
ers.

“The guy could have been ellther of
these men,” the victim’s husband said at
last.

The superintendent explained that the
men were Paul Pappas and George Lang-
lois, two lodgers who had reportedly been
on something more than friendly terms
with the slain woman. One of them,
Crowley added, probably had been the
last person to see her alive.

Following this conversation, the search
for Pappas and Langlois was spread
throughout the Greele colonies of the Haxt-
ern United States and the French-Cana-
dian cities of Canada, from which Lang-
lois was believed to have originated.

Newspapers throughout New England
were giving considerable space to the
story of the beautiful landlady’s brutal
murder. Now several of the other lodgers
who had left the house on Charles Street
came forward to volunteer what Informa-
tion they could. The police checked their
stories, but could uncover no worthwhile
information.

Early in June, the police in) Quebec,
Canada, informed Chief Inspector John

McGarr, who had taken over personal
direction of the probe, that the missing
George Langlolxs had recently written to
friends in Quebec from Barre, Massa-
chusetts. Investigation in that city finally
ran the man down in the lodging house of
another attractive grass widow.

Taken back to Boston, Langlois admitted
he’d known that he was wanted for ques-
tioning. He told Inspector McGarr that
with the exception of Paul Pappas he
“probably knew as much as anyone about
Alice Arseneault’s movements before she
died.” He had remained silent for fear
of becoming involved in the investigation.

“Tell us about the last time you saw
her alive. Or dead,” the inspector said.

“I never saw her dead. I didn't know
she was dead, until I read about it in the
newspapers,” Langlois answered. “But I
can’t honestly say I was surprised. That
Pappas, he—”

“Never mind Pappas. Tell us about you
and Alice. Start with the last time you
saw her.”

That had been on the previous Christ-
mas Day, Langlois said. He had had din-
ner with her and Pappas and all three had
been drinking heavily. He recalled that
Alice showed them a pearl necklace one
of her “other sweethearts” had given her.

“There were others, then?" McGarr
asked. “Besides yourself and this man
Pappas?”

“Yes, plenty of others.”

Following the Christmas dinner, Lang-
lois related, he had gone to bed, leaving
Alice and Paul Pappas. still celebrating.
The next morning he went to Alice's apart-
ment, expecting to find Paul there, In-
stead, he'd found the woman lying on a
sofa in the living room, entirely covered
with blankets. She lay face downward
and neither moved nor spoke. Pappas had
entered the room then and warned him,
“Better not wake Alice. She's asleep.”

“That strike you as strange?" McGarr
questioned,

“No. She often took naps during the
day. And [I knew they'd had a high time
the night before.”

“It didn't occur to you that she might
have been dead then?”

“No, it didn’t. But when I got back
from work that night Paul met me in the
hall and said Mrs. Arseneault had) gone
away, Later he told me she'd given him
instructions to sell the house for her.
That struck me as strange. Only a few
days before she'd said she was getting: sick
of Paul and wanted to break off with him.”

“Then what did you do?”

“I stuck around for a couple of days.
When she didn't return, IT) moved out.
About three weeks later Paul called) me,
where I was working. He said he'd been
to a lawyer with Alice and she had signed
the house over to him to sell.”

Langlois admitted that he had been
enamoured of his attractive landlady and
enjoyed her favors until, shortly after she
took the house, Paul Pappas moved in.
But Ike the woman's legal husband, he'd
realized her fickleness and willingly relin-
quished his position when another lover
came along, Langlois declared.

Inspector MeGarr now leaned to the
theory that Alice’s death had been the re-
sult of the refusal of her latest lover to
relinquish her, as had his predecessors.
Neither McGarr nor the others working
on the case had believed that greed alone
accounted for the murder.

The victim was a_ beautiful woman,
whose manner of life.certainly was far
from conventional. A’ man bent upon
slaying her for her money certainly would
have conceived some plan allowing time
for the disposal of the body and his own
getaway without arousing undue suspicion.

Whoever had murdered Alice Arsen-

eault, they 1
pulse of aon
body In the

Further qi
purchased tt
death, reve:
through an:
self as Paul
ness associa’

Dascalakis
very dark c
mustache, a:
weight as P
convinced th
lodger.

A search
personal eff
up any doci
Thus it was i
er the nar
which the px
prepared lo:
was a forge

Frawley t
answered a
ing the hou
meetings wi
Dascalakis h
acting for h
paring to m
deal had gc
nearly four
seen or hea:
_ With the
* missing Pay
McGarr thro
colony in B
posed to has
he had relat
tive Sergear
patched to t
him. From
New York C
pas had gon:
small busine

During the
John D. Mac
ing the finan
learned that
took over tl!
piano had |
ment.

Checking
MacDonald
American Pi
shown aes
signed by A
17th. That
the woman \
This time tl!
to the forge:

The comp
taken the pi:
lease on pay
company,” s.
handed to hi
for the instr:
come overdi
to him fitted
pas.

A check o!
sale for the
for the pian
ties in the
experts exp:
have been w
he was atte:
writing.

A further
ments with t
dum found i
made. This
manship on °

that of either
inite similari
mations.

For days d:
tailor shops «
low the slim
orandum lef:
room. Then

personal
1e missing
written to
ce, Massa-
city finally
w house of

is admitted
i for ques-
‘Garr that
Pappas he
yone about
before she
it for fear
vestigation
e You Siw
vector said,
idn’t know
at it in the
‘dd. “But |
vised. That

sabout you
{ time you

ous Christ-
id had din-
I three had
‘called that
ecklace one
i given her.
o'  MeGarr
{1 this man

nner, TLang-
ved, leaving
celebrating.
slice’s apart-
there. In-
lying on a
‘ely covered
downward
Pappas had
yarned him,
e's asleep.”

e?” McGair

during the
a high time

aoshe might

1 pot back
tame dn the
to had) pone
dooygiwen) diane
ise for her,
Only ao few
. wetting: sick
4Y with him.”

iple of days.
moved out.
ul called me,
iid he'd been
ne had signed
A
ye had been
landlady and
tly after she
as moved in.
husband, he'd
illingly relin-
another lover
red.
‘eaned to the
4 been the re-
latest lover to
predecessors.
thers working
at greed alone

utiful woman,
ainly was far
in bent upon
ertainly would
allowing time
y and his own
ndue suspicion.
Alice Arsen-

eault, they reasoned, had acted on the im-
pulse of a moment. Then he had left the
body in the most convenient spot at hand.

Further questioning of Frawley, who had
purchased the house six weeks after Alice’s
death, revealed that the sale was made
through an agent who had introduced him-
self as Paul Dascalakis, a “friend and busi-
ness associate of Mrs. Arseneault.”

Dascalakis was described by Frawley as
very dark complexioned, wearing a heavy
mustache, and about the same height and
weight as Paul Pappas. The police were
pom bl that he actually was the missing
odper,

A search through the slain) woman's
personal effects, however, failed to turn
up any documents bearing her signature,
Thus it was impossible to determine wheth-
er the name signed to the _ bill-of-sale,
which the police believed might have been
prepared long before her death, actually
was na forgery.

Frawley told investigators that he had
answered a newspaper advertisement list-
ing the house for sale. Upon subsequent
meetings with the man known to him ax
Dascalakis he had been told the latter was
acting for Mrs. Arseneault, who was pre-
paring to move away from the city. The
deal had gone through late in February,
nearly four weeks after Pappas last was
seen or heard from.

With the hunt now intensified for the
missing Pappas, word reached Inspector
McGarr through contacts among the Greek
colony in Boston that the man was sup-
posed to have gone to Springfield, where
he had relatives, late in February. Detec-
tive Sergeant William J. Carey was dis-
patched to that city in an effort to trace
him. From. Springfield Carey went to
New York City, where he’d been told Pap-
pas had gone for the purpose of buying a
small business. There the trail ended.

During the third week in June Sergeant
John D. MacDonald, who had been check-
ing the financial affairs of Alice Arseneault,
learned that just two days before Frawley
took over the house on Charles Street a
piano had been moved from her apart-
ment.

Checking local music houses, Sergeant
MacDonald traced the Instrument to the
American Piano Company. ‘There he was
shown a sales agreement, purportedly
signed by Alice Arseneault, on February
17th. That was at least six weeks after
the woman was known to have been slain,
This time there could be no question as
to the forgery of her signature.

The company representative who had
taken the piano, “for one dollar and a re-
lease on payments previously made to the
company,” said that the document had been
handed to him when he called at the house
for the instrument after payments had be-
come overdue. The man who handed it
to him fitted the description of Paul Pap-
pas.

A check of the signatures on the bill of
sale for the house and the sales release
for the piano clearly showed dissimilari-
ties in the penmanship, but handwriting
experts expressed the belief both could
have been written by the same person, if
he was attempting to disguise his hand-
writing. ;

A further comparison of these docu-
ments with the writing on the memoran-
dum found in Pappas’ former room was
made. This indicated that, while the pen-
manship on the latter was different from
that of either signature, all three had def-
inite similarities in some of the letter for-
mations.

For days detectives had been canvassing
tailor shops of the city in an effort to fol-
low the slim lead furnished by this mem-
orandum left by Pappas in his former
room. Then Sergeant MacDonald finally

located a tailor on Wildwood Street in
outlying Matapan who recognized Paul
Pappas from a copy of the Christmas
photograph that had been turned over to
the police by Miss ‘Wood.

“Yeah, that’s the man who brought two
suits in here right after the first of the
year,” the tailor told MacDonald. “I re-
member it well because one of the suits
was covered with ashes and dirt and the
other one was ripped and stained with
soot. I pointed it out at the time and
he said his housekeeper had left and he
had to take care of the furnace.”

On receipt of this information Captain
Driscoll of Station Five, in whose district
the murder presumably had_ occurred,
went before Judge Michael J. Murry of
Municipal Court and presented the evi-
dence against Paul Pappas. He came away
with a warrant for the arrest of the sus-
pect for first-degree murder.

All other suspects in the case had been
completely cleared, although the police
were convinced that there had been men
in Alice’s past whom they’d never been
able to uncover. Among these was a mys-
terious stranger Alice had told friends she
planned to meet shortly before Christmas,
but had to disappoint because Pappas had
trailed her when she left her house.

When Sergeant MacDonald returned
from New York City after his failure to
trace Pappas, he reported that relatives
of the man in Springfield had revealed that
Pappas had borrowed $1,000 from friends
there before leaving. Pappas also had
confided to these friends that he planned
to assume another name, “for business
reasons.” He told them that he would
write to them, using the name Paul Das-
calakis.

With this evidence to confirm their sus-
picions that the man known by Frawley,
the real estate operator, as Dascalakis ac-
tually was Paul Pappas, the investigators
called in the United States Postal Depart-
ment for help. The three samples of the
suspect’s handwriting were turned over
to the federal authorities, along with a list
of all known friends and relatives of the
missing man,

During the next few months Boston de-
tectives traveled throughout the New Eng-
land states pursuing various tips. It was
not, however, until early in 1921 that the
combined efforts of the city and federal
authorities brought results.

During the first week in May a district
postal inspector telephoned Inspector Den-
nessy, “We've finally got something for you
on the Paul Pappas case. We’re sending
it over by special messenger.”

An hour later Dennessy received a card
postmarked Montreal, together with a
translation of a message written upon it
in the Greek language. Signed with the
alias which the suspect had given to
friends, it read:

“Greetings:

I am well and wish you the same. I

want you to know I am in Canada and

don’t know if I’ll stay or not, and for

this I don’t write you my address. I

am going to write you a letter when I

stay here steady. Give my regards to

Helen and Gregory, George and Sty-

lian.

Paul Dascalakis”

The card had been received two days
before by one of Pappas’ relatives in
Springfield, Massachusetts. Following its
receipt the relative was questioned at
length by both the postal authorities and
Chief of Police William Quilty of Spring-
field. The officers learned that other rela-
tives had told of seeing Pappas during re-
cent visits to the Canadian city.

Acting immediately upon this informa-
tion, Chief Inspector McGarr telephoned
Chief Inspector Frank Reginbald of the

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89

planned to leave Boston as soon as the sale was consum-
1 mated. At that time there had been some coal on top of the
| old ash heap in the cellar and he’d had another three tons
| piled on top of that when he took over.

“Ever see this woman before?” inquired Inspector Den-
| nessy.

Frawley gazed with horror at the body on the mattress
i amid the ashes. He shook his head. His thoughts flashed
back to the problem in connection with his newly acquired
lodging house—the vanishing lodgers.

He mentioned this to the officers and suggested that
they talk with the few tenants who had remained. Some
{ of these, he understood, had lived in the house for years.
ile They should be able to identify the dead woman, if she’d
: ever lived there.

Frawley, who lived with his wife in their own home on
nearby Shawmut Avenue, explained that either he or one
| | of his men had stopped at the Charles Street house every
other day to take out the ashes. How long those that had
covered the body had been there he had no way of
knowing. He had not even known they were there until,
| after the first order of coal was delivered, he’d discovered

that it was thrown on top of the old ash heap.
| The officers went to the second floor, ascending a back
f stairway that passed between a plumbing shop and candy
| store occupying the ground floor. It now was nearly
‘

noon. All five of the remaining lodgers were gathered in
a cheerless front parlor, shocked by the news that had
| reached them.
| An elderly, grim-faced woman with straggling gray hair
| stepped forward. She said she was Miss Mary Wood, the
oldest lodger, in years as well as in residence. She stated
abruptly, “I suppose it’s poor Alice Arseneault you found
| down there in the cellar?”

“Why do you think it’s the body of your former land-
lady?” Inspector Dennessy studied the woman closely as
he put his question. He observed that she appeared the
least perturbed person in the room.

Miss Wood, a retired school teacher, answered in a voice
entirely devoid of expression, “Because of the manner in
which Alice Arseneault disappeared, two months before

| the new owner took over—and because of the kind of life

j she had been living.”

| The Inspector asked Miss Wood to accompany him to the
basement. There she unhesitatingly confirmed her sup-

| Who signed sales release six weeks ane Alice‘s death?
| on

; , In siiniidailat on of one dollar, ($2.00),
the yp Ph whereof is apne | mone fe and
} pt oval ror valuable cons eye pe nerety
oy wane sell and conv is the American

ano Co, CH CKERING & SONS VISION, all 2 wy

8 sé a American Wane
AND SONS DIVISION any and all
or ever have had against it.

2eae Before Signing ind Have Received a Copy of Same. seh
| wits Bhd t,..esdacsrs eats” i a
3/7 Go Cer Cine eos My e

rs Ae witmrdiigy Oo . ° ~~ TM Pe Oh ie ry

36

position. For although death had occurred at least three

months before, the near-zero temperature of the coal bin:

had preserved the body well. Even in death the raven-
haired victim’s stately beauty was apparent.

The elderly ex-schoolmarm said that Alice Arseneault,
a 34-year-old “grass widow” of French-Canadian deriva-
tion, had taken over the old brownstone house the pre-

_vious September. She had confided to her oldest tenant

the existence of a husband from whom she was separated
—but who was “still around somewhere and will probably
be coming here to see me sometime.”

Instead of the husband, there shortly had arrived at the
house first one and then another man. Both appeared to
enjoy something miore than a platonic relationship with the
new landlady, Miss Wood said.

Both men had taken lodgings at the house. Both had
from time to time had their meals with the attractive
landlady. And both had dropped from sight shortly after
Christmas, the last day that Alice was seen alive by her
other tenants.

A week after that the landlady’s husband had appeared.
He made inquiries about his wife, remaining in her quar-
ters at the house for a couple of days. Then he, too,
vanished.

Since that time a half-dozen other tenants had left the
place, for one reason or another which in Miss Wood's
opinion certainly hadn't seemed sensible or definite, she
said.

The missing woman's two “special lodgers”, Miss Wood
said, were Paul Pappas and George Langlois. Their names
were turned over to the police, along with those of the
other former tenants. Three of the latter were elderly
spinsters like herself, Miss Wood stated. The others were
young women employed as secretaries and clerks in
Boston business houses.

Miss Wood added that she had heard her former landlady
refer to her husband as “Adelard.” While visiting the
place, after his wife’s disappearance, he had said he lived
in Springfield, Massachusetts. She did not know the
present whereabouts of the other two men. She described
them as somewhat younger than their landlady, of Greek
derivation and*“very good-looking.” None of the other
tenants of the place could offer the detectives a suggestion
regarding them.

An inspection of these men’s rooms, adjoining the apart-
ment that had been Alice Arseneault’s own quarters, re-
vealed that nothing had been disturbed since the day
they’d moved away. In neither room was there a clue
to the former occupant’s identity, other than a small slip
of paper found in Pappas’ room. This, in a clear, mascu-
line handwriting, was a memorandum that the writer was
to call at his tailor’s for two suits of clothes.

During the three days following discovery of the body
the police continued their questioning of the house’s re-
maining 6ccupants. Superintendent Crowley assigned men
to run down the two former men lodgers and the ex-
husband. It was his assumption that an innocent man
does not avoid questioning by the police in a case of
murder.

Because of the lapse of time between Alice Arseneault's
disappearance and the discovery of the body, police ‘ex-
pected little help from any physical evidence to be found.
The mattress on which her body lay had been taken from
her own bed. The mate to the crimson slipper found on
one foot was in her clothes closet. As far as the other
tenants could determine, none of her other clothing or
personal effects was missing.

None of the other lodgers, apparently, had been on inti-
mate or even friendly terms with either of the two men
with whom Alice had been particularly friendly. And all
efforts to trace this pair’s antecedents before coming to the
house on Charles Street proved unavailing.

Dr. Leary completed an autopsy and reported his findings,
confirming the opinion that death had occurred about
three months before. Analysis of the stomach contents

drawin

WI

HE
wa
Brook]
of mur
“Loo
about
be a re
“Acc
He }.
cried.
in the
murder
The
seen tl
informe
Dass:
Phone «
men we
woman,
The
woman’
“We |
“Call
“We
to bury
“If it
firmly.

indicate:
hours o:
whether
of drug:
had bee
but bec:
way to «
a large :
from ear

On th
was con
office, w
with “ir
murder.”

A unif¢
some, da
he was .

east three
» coal bin:
ne raven-

rseneault,
n deriva-
the pre-
‘st tenant
separated
i probably

ved at the
»peared to
p with the

Both had
attractive
ortly after
ve by her

appeared.
her quar-
n he, too,

ad left the
iss Wood's
afinite, she

Miss Wood
heir names
1ose of the
ere elderly
thers were

clerks in

er landlady
visiting the
iid he lived

know the
.e described
y, of Greek
{ the other
. suggestion

: the apart-
uarters, re-
ce the day
here a clue
a small slip’
ear, Mascu-
» writer was

of the body
house’s re-
ssigned men
and the ex-
inocent man
n a case of

Arseneault’s
y, police ‘ex-
to be found.
1 taken from
ger found on
as the other
- clothing or

been on inti-
the two men
dly. And all
coming to the

d his findings,
curred about
nach contents

drawing by Jack Sale

by A. MacCORD

HE YOUTH rushed up to Detective Leo Dassaro as he '

was entering the Atlantic Avenue police station in
Brooklyn. “Do I get a reward if I help you catch a couple
of murderers?” he asked breathlessly.

“Look, son,” the detective said, “if you know anything
about a murder, better spill it—or what you get won’t
be a reward. You’d be an accessory after the fact.”

“Accessory?” the youth gasped. ‘‘Well, come with me.”

He led Dassaro to Rochester Avenue. “It’s gone!” he
cried. “It was here—two guys putting a woman’s body
in the trunk’ of a green sedan. Looked to me like a
murder.”

The detective made inquiries, found neighbors who’d
seen the incident. But, perhaps fearing the fate of an
informer, they could name no names.

Dassaro called his precinct station. and learned that
phone calls were buzzing in: Farther down the avenue the
men were unloading the limp, probably dead, body of a
woman, they said.

The officer hurried there, saw the two removing a
woman’s body from the green sedan. He drew his gun.

“We ain't done nothing,” the pallbearers protested.

“Call this nothing? KHIl a woman—” Dassaro began.

“We didn’t kill her. Elsie died and her mother wants
to bury her. We do the lady a favor, bring her here.”

“If it isn’t murder, it’s a violation,” the detective said
firmly. He placed the two men under arrest.

Magistrate Serper was presiding in the court. He read
the complaint: ‘Violation of Section 38-A of the Sanitary
Code in transporting a dead body through the streets.” He
asked Dassaro, “Are you sure?”

“IT am, Your Honor. I was off duty when a kid told
me. I went around and caught them.”

The prisoners identified themselves as Jack Feather, a
fullblooded Chickasaw Indian, with whom Elsie had lived,
and John Smith, his landlord. Elsie had been ill, Feather
explained. On returning from the hospital she had grown
worse and diced. Instead of calling a doctor, he’d asked
Smith to lend him his car to take Elsie’s body to her mother.

“I told Jack he should call a doctor,” the landlord volun-
teered. ‘‘He says, ‘What’s the use? She’s dead.’ And
she was dead. So I agreed to help him. That’s all.”

Not quite all, the magistrate observed. The maximum
penalty for violating Section 38-A of the Sanitary Code of
New York is a year in jail and a $2,000 fine.

He ordered an autopsy to establish officially the cause
of the young woman's death. Pending the outcome of this,
he held the grieving Indian and his helpful landlord in
$5,000 bail.

If, as seemed likely, they were innocent of any wrong
intent, the magistrate advised them, they must remember
that it is necessary for a doctor to sign a death certificate,
and for an undertaker to perform the necessary services
afterward. o$¢o4¢

indicated that the woman had eaten heavily within a few
hours of her death. But it was impossible to determine
whether she had been drinking. There was no indication
of drugs or other poison in the system. She apparently
had been in excellent health at the time of her death,
but because of the condition of the corpse there was no
way to determine whether a struggle had occurred before
a large and heavy knife or cleaver had slashed her throat
from ear to ear.

On the morning of the 11th, Superintendent Crowley
was conferring with Inspector Dennessy in the latter’s
office, when it was announced that a caller had arrived
with “important information about the Charles Street
murder.” _

A uniformed officer ushered into Dennessy’s office a hand-
some, dark-complexioned man of middle age. He said that
he was Alice Arsenault's husband. He told the officials

he had heard of the tragedy only the night before, upon
returning to his home in Springfield from a visit to Canada,
where he’d formerly lived with his wife. :

“Alice and I met in New Brunswick, where she was
brought up,” the man stated. “She was a beautiful girl and
I fell ‘madly in love with her. We were married after
knowing each other only a few weeks.”

“You moved to the States soon after your marriage?”
Crowley inquired.

“Yes, just before the war. I got a job in Lynn, Massa-
chusetts, and took my wife there. Soon after that dissen-
sion started between us. She seemed to become dissatisfied
with our lot. We weren’t wealthy and, like many beautiful
women, Alice seemed to expect everything from life. She
finally told me that she’d find some man'who could give
her the things she wanted, if I couldn’t. I knew it was the
beginning of the end.” (Continued on page 88)

37

0) te hep ip Ploor Was 2 ey of
lanbacs bof Gr /% a OY te hives :
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: Vhcneag’ at ov Sigorion Cok  faiabne: (daly
BE of afiuda’ ahd Jenen) Gort elioir, 180) oF fhalaag
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peice of. Go alias Uy berg, Bay “etnanak, fie, 00
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Keeloviccatly ,Veteetanel, Uf heey Mrahion foratiionshet
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bn : oy. ie (rhech, he Kuen hal) 124 hy ha) |
haf hi re. P pe, /susral Hews = ss BoP rwal party)
he, hog heed, : rarely hake. hig Ppucl jo hat Me}
Decl by oa co din dsab tion Paria Po Goo, ag)
“apeeh by hoe ey angah Pan the fad
“ oenihy << tobe dag, of, Mabey lagt to Vie Uartyelf,

ditty oh Ef. Fe hicks ! y Gis ound Sac es |
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nt ye of tao a ao hes ys jd Sop. Codes
jew pr usage. oe vets f Sen. y) is te 24
a




COMFORT, Jolin, NA, hanged Nantucket, MA, August 22, 1739

ves

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Case number 49943, Massachusetts State Arc

~ Rep cas +
EN

®


150 SIMEON Lo CROCKETT.

Rt SYD 082s 9864 HARRIE Alias damtsqnanenbanekse TS STR RO SSE L CENT NS MEE SOON TONES RENEE ee ee te etetee

distillery was burnt. bo never heard Crdehett say any
thing une! about Ve. Benson one Utteats hese dian
ener. about something he had done, when at Work, say
that Vir Benson could net de at rey better,

Cross ceaminedl—Preeman answered that he hind not
beon in Bangor for sometime. Esaid te Crockett E hoped
The world just eome and see the folks. Dowashed for him
eeeasionally. My hashand followed Ve. Russell inte the
entry. and asked tine what the werncan’s character was,
Russell said it was ne great, My hishand: persisted) in
Mroing her out. though Eshed teves. tid Het Kasew st
Nhat tine that Reassell had sated wnything about her Whale
the fire was burning, bE ssaw this Wenn. She said te mre,
* You are burnt out” Phave not seen her frou: that day
tothis.  Phave heard almost every body wish that ut was
burnt down. One night We. Jolson was sick, and Me,
Crockett mule some eruel for him. and TE believe went
Inte Mr. Rowelis for some salt, When Russell, Crockett,
and Freeman went away it was net earher than ten, buat
might have been past ten, They went ont first-—then
the woman was turned out —then my husband went to the
fonndry, Where he has to see te the fires in the night, and
the evens—then PE owent to bed. PE went te sleop. My
husband came back trom the foundry —he waked me, and
toll me our house was on fire.

James Crowh y —was a resident in’ the house burnt,
had seen Crockett, when he worked on the building. One
evening after my wile had gone te bed, and a fortnight of
three weeks before the fire, he knocked at my deer, sane
said he wanted some salt tora sick man. I gave him the
saltin my vaked hand. He did not hike te have me give
it tohininmy hand. ftold him it was well chongh tor
him to get the saltatall, fLeould not find a spoon. He
did not seem to be very eross, é

Fudich Crowley —wite of preceeding witness, Between
nine and ten that night. some one came to our door and
mpticed for Russell ar Crockett, Edon't know which. We
were in bed. Before TP went to bed | went to the front
door to throw ontia pail of water, Twomen were sitting
at the steps of the door and one was stating by the stele

SIMEON L. Chocherr, 1D]

wow SEO Cee 10S COCR Dee~Ce CeteS sess ere Some seene SM acti he eT tO 8 ee sece
ee

of thea, Crockett wis ene Oo tthe tage ay. Whe aneony i"
Mer Crovket « Won for tbyee siobt, Doves "Hp tater the: bunt
Mag Whete de wae at Werth for sonny Siavines. De told
Be D sdrenlel get have OY, cerned screed my Unvostecensel Jrad oof’
fended tim. | said Vol be MEY Ucot ney baste aivak A |
him, cud didn't think He Piel De and Wy beast baud
edended hina and he Werk Var sonny fon up. Dashed het
he could do. de Sand tine wohl telf B tell frome af sip
Uhitese alae happen. he sVeortel ne: eeemiitable, fy. pie
Hever spoken te pe good. Vovd. moor trctith Feel Spnpee
Phitip Reich Wed in Whe Preotise beara. Oe three Tai |
of the fire was in Mr. WVity's the Natt. Beane dl ee ceeppe:
ie aed snepairesd for Combet: b tebl Voaren, thee Crow hett
had bevrtn inn at my: Teotase tn thee evens He prtoe ines for Wy.
rim Fersuson, Crekett Lived sco nnqentesd foo Bop rti seme,
The Ptrty was pretty Hetty aed Ds ane: ce songs Bow toons
and went for Hiegtioe for Reassefh, :
Mich IM Dity - themeht at wis i LA CO Aa
Russet! Crockete none Freeman ecm ony, Bevsety went fog
liquor, i sandiat Was Canape fog Hae oenerst prorole ten Pe pep Pens
Atter they were call rene, Dowernat tes tte: $i ris Try tes at tens
tomy fires, Came Pecnech s00 cabeoest Cwrernety reosearaters, re
asleep before the fire. Went ints et ee Tews
Up my elikl, that was sick With thu: We lemopinns comply
Bonil fier down, came ont. trimmed my Fivreeye, nied went
towards Ue eheoe ter soe Wall was Fizzghee, staal Ti oreerperol
the fir Wake ed dl a Be Pe I wes
the firs¢ Prresmne thecad seve elses emactine. OF wan otyrigy - ven.
ty, that as kept jase top the street. ine Btasp Street, tor cat
ETT
o Malus Rie Need at forty-twee Bey trae, Whab-
returning frome the fine, Bt as De tee pep ‘Demon, cy penny
tecosted me. and srl he Dead smtp tfyi es. Whee hi be w isbiem §
to communicate. Minin Jp Wree cre woe he a a |
hestd what he had te SOV. aE ae ete pietee oof what
he disclosed we went to oeeyee bt Od. Aeeey. wiping |
had seen at the fine. B eesti stecatesd pe, opt O'corltom,
of Noo 20 that @ had Wenpwort cid traf atin: Popectineg the
fire, Capt. Carlie referred ne te Cape Mamie, the
chief enemies. Capt. Hammond, an! eartton Vn


154 SIMEON L. CROCKETT.
Ina frock coot—-we met hun —it was Russell—his frock
Coat was snull color.

We then all three went towards the bridge. We came
toa shop, and Mr. Russell asked if we would po in tu see
if we could get any hing to drink. We got some brandy
and TP paid for it. “We came out, and after we crossed the
bridge, Lasked them where they were going. When we
Were going to South Boston, at the brick shop, Crockett
introduced me to Russell as geing South to chop Wood,
and said he was going with me. When Dasked Crockett
Where he was going, he answered, We are going over
here a piece. We then went through East street to the
street: where the fire was. As we were going along,
Crockett mentioned there was an engine-house. IE look-
ed up and saw the sign. We then went down to the house
that was burt; Crockett and | then sat down on the
stick of timber again. Russell went into the house; was
gone half au hour. TE believe a woman came out; don’t
recollect that she threw any water, or any thing. I be-
lieve she went into the house. There was no man stand-
ing. While Crockett and 1 were sitting on the timber,
we talked about people that he and I Were acquainted
With in Maine: then he told me something about the tens
hour system; Ldon't recollect what; he said it was the
cause of all the fires. LE said I did not know what they
Wanted to burn the buildings for; he said, to make more
Work. T asked him if all the buildings that had been
burnt lately had) been set a-lire. He said wo; that the
distillery that was burnt was aot set a-fire, but got a-fire
by the perfumery of the rum. He turned his head round,
aud looked over his shoulder, at the house We were sitting
before, and said he'd touched that old thing twice, but it
Wwouldwt go. Tt was the house that was burnt.

While sitting on the timber, T asked Crockett where
that fellow had sone to, meaning Russell. Crockett siid
he would ge und see, and went inte the house, and was
Bone about five minutes, He went into the front door,
and went out of sight. Fe did not see what part of the
house he went to. He came out and wanted me to go in,
Vsaid Pdidu't want to go in with my old clothes on. J

SIMEON L. ChockErr, 155

had on my oll clothes, that Phad been to Work in. He
said there was Hobody inthe house buta woman and the
girl. We went through a lone Passave ; passed tye Pcs.
ma yard, and went Into’ small room,” Psaw in the room
three Irishinen and two or three Insh women, I inti
saw ay of them betore, They called one Roach. One
of the Irishinen Sang some sonys, Mr. Russell sent an

Irishman for Some brandy— were there from nine te

eleven. ‘The Irishmen, Mr. Russell, and Mr. Crockett
drank some brandy: t did nets Que of the trishmen rot
mad with Russell. and ordered hin out doors : then Ris-
sell told him he had done Hothing to injure hing or offend
him. Russell Paeiicd him, vot him yood natured and
shook hands, —Edowt hnow What the Frishmiany wats tad
about. "The first | Minded, the Irishman opened the door
and told Russell fo go out, Russell Went soon atier- that
is, Russell, Crockett. and myself went out through the
front part of the house: Went up the passage-like Up to
Kast Street; Russell and Crochett stopped little, L think:
We then crossed a little creek, and passed by some frames
of timber to a Wood-pile, TE then told them LE was hot
kong to be running about there all hight, but would yo
fo some tavern anid Ket lodgings, Crockett said | neediu't
be Scared, as they were not fone to lead me into any
Scrape. — Russell next Went up to the Wood-pile, and
hauled down a stick bout the size of my arm: he held
it in his hand. Crockett and Russell then Went one side
and whispered together, two rods off Crockett cane
back to me, and asked me if LE could keepa secret. Ltold
him I thought | eould, Crockett then went back to Rus.
sell. © Russell said he might tell. if. eame back and said
he would tell me something it Pd signily would not tel]
Of it; he then said: he Wits voing to pive Hhat houses
touch, or something of that Kind, and wanted te hnow if |
Would tell of it: | saul it's likely V shall wll of tt, bat did
hot say whether | should or should not. Russell came
Mp. and Crockett spoke out loud, and asked ine again if
Vd tellotits btold him TE would not, They Were speak
mg of the house we had come out of.


148 SIMEON L. CROCK ETT.

TOD Owwreccses

WROTAN PTD ORAS Ce mEtS Sen ss hers senssecee

Powas in bed ane aWahened by the cries of fire. looked
out, and saw a youn man. aud | asked him where the
fire was. ‘Phe naan ashe meal Eo had wot ny eyes, and
sid thatt was inthe cellar. DP said yes, stepped out in
my shirt and saw at burning in the cellar. Me man said
fone Gave ine a pail and EY quench at DP said the
tae over head would be burnt, ane Pamust wake them.

Called thiee times. and they didnot wake. Dthen broke
methé windows. Phe fire then was In tween the fireplace
wud the windows—rushed into cet ovat my children. The
ensine came betove Po got out with ny fast child. ‘Phe
engine Was playing. Tn the course of the evening there
Was sii du the baek partof the house, on the north
side. MI Viey, We ‘allerty, and) Roaeh lived in that part
of the house. "Phere was sommeuimMes one voice and some-
Hitnes two,

Soha M Cafferty —Nived inthe north wing. Knew
Crockett so as to pass the time ofday. Knew him from
lis having worked on the house. Did not Know him by
name. Tt was just a quarter past twelve when [ re-
ceived the alarin. [Witness deseribes the fire, Ke]

Margaret Mo Vivy- lived iu the lower part of the house,
Has one room and two bed-reoms. Knew Crockett, when
he worked on the building. He was in our house often
afterwards. On the night of the fie, about nine v'clock,
Or Womielit be earlier, Pean't say, Russell eame in and ine
quired for Crockett. Russeli had been to our house with
Crockett four or five times before. Eo told him Crockett
Was not there, and had net been for three or four days,
and that Elid not know but he was offended at something
Wy bey had said to hin. Whale Russell was there, he
said Crockett was to aneet hin there, and settle for his
bowrd, as he was eet tostip the next day. Ttamight be
hallo hour alterwards deat Trochett@eame in, while Rus.
sell was stllan the qoome. Dashed Crockett where he had
been for twooor three days. and if he had boom offered at
something my boy had said. He said. no--he said) ho
couldirt stay long, ashe had a friend outside Ptold him
tock is feud an. and he wernt out. and brought in bie
rain Freeman. At the tine, there were iu my house Mr,

SIMEON L. CROCKETT. 146

and Mrs. Roach. and Mes. Johanna Cordon. spending the
evening, and Vrs and Mes, Johnson. my fieaieek They
were inc bed. "Phere was also a woman, whoee name Pde
not know, who eame inthe morning. and said she wanted
to stay during the day, as she was a stranger, and had ne
place to stop. Russell and this woman seemed to be ae.
quainted, for they shook hands. and appeared to be sue.
prised to meet atmy house. The Meeting appeared to be
accidental, and they seemed both to he qtite ins an ele.
ment at seeing each other, They had quite an agreeable
conversation among themselves. Freeman did not seem
fosayimich. PE thoneht he had some weight on his mind.
I thought it was beeanse he was in a strange country. 1
asked him if he knew any of the Cutters at Bangor. Ihe
said he did not know them. as he had not been in Bangor
lately. Lasked him, beeanse Mr. Crockett iitrodueceed him
as from Bangor. Mr. Crackett said he was vom to ship.
at seventeen dollars a mouth, to goto the Sonth, in’ the
same vessel with him. asked himoaf he would not eall
and see the folks before he went, He said he would. ft
Was vetting to be late, and my husband made a remark,
that it was time for every honest man to go te bed. He
Was hot angry when he said this. When they went ont,
iny husband followed Mr. Russell into the entry. to ask
him about the strange woman, and Russell said her ehar-
acter was no great. My husband then told her to get her
cloak and bonnet, and leave the house. | looked up at
him with astonishment—asked him what he meant hy
turning the woman ont ina strange place. in the eloud of
the might. Tosaid she might be insulted. or the watch
might take her up. My husband made reply, that it was
his opinion thatshe knew more about the streets of Boston
than either he or b—and he made her vo out,

There was singing in our house. Russell eatled for
liquor, PE believe he sent for it, Philip Roach went for
Wt. Theard Crockett once say he wished the old Dratding
was burnt down, and that it was not fit for any person to
live in. Tt was at the time he worked at the milding.
When he spoke of the burning it was on the might the

13%


SIMEON EL. CROCKETT,

SHRTSN STS T EST OST OTE OER TER SE EES Hee SOC OTE RHEE ST ESE TES OSES HOE TT ERS MOS

152

gincer Warren, Freeman, myself, and” sone Sena
twenty s men, Went to South Boston, and, with constable
Andrews, took Russell and ¢ rochettin bed, a
Mliram DD. Beeeman- Vian trom Monmouth. in vl
Pcame from Bangor by water. DT hired with a nee e
a schooner to come by the trip. ft was near _ reg Bie
September, We had a loug passage. TD was dine ae
frome the vessel whout the 22d or 23d of October, Fe we
ped to go to the Chesapeake, for Mr. od poe ae oe
com's shipping otlice in Broad sree, twas in th =
part of the day that) the house was burnt oe
house was burnt tit night. 1 shipped to diet abit te
chop taunber, at S15 aimonth. After f shipper was in
Titeomb’s office pretty much all day. tae the: atte roan
Mr. Crockett came in. and wanted @ chance im the —
vessel Mer. "Piteomb told Croekett that Mr. Jackson os
his complement: but he did net knew but what nc
Jackson would take him, and he would give him 7
te vocon board the vessel and sce Mir. Jackson. Me. a
comb vave Crockett the order, and asked me fo go wit \
him and show dam where the vessel lay. She er =
Rowe's whart We went down to the vessel. and Ne :
for captain Jackson. ‘Phey said he was net on — :
but was at Neo W State street We went there, and.) :
Jackson was net there, We went back to the vessel, rune
they then sand they did net knew bat it was the wrong
Homber they had given me, ated they Monseht tamight be
nimber Ss. By the tine we got te NewS. State street, the
oflive was shut We went then down tewirds the mar.
het, DP then asked Crockett to go dawn to ¢ entral wharf,
tosee the vessel Eoeame from Bangor in, Mer. Crockett
sid he gnessed he wouklnt go down on beard of the
Vessel. but world go te South Boston. at dis odes, and
Invited mete ve with fam. DP teld fam it was net wert?
While: but he insisted on iy geome. and Peonsented. tt

was about dusk. "This was on the wharf south of the

market,
i: set oout te goto South Boston. throweh Broad
Street, ante South street, to Southesteeet Pace. | We

Crockett said, Patus go this way. We wentdewn to the

SIMEON 1. Chockrrr, 153

ae SOCSS* COL Oe coe eeeeey

house that was burnt.

° We passed some larce elim treeg
before we got to the .

house, We saw Iwo men Manding
hy the way. We passed beyoud the house that was
bart three or four pods, We returned to the house, and
sat down by it, within two feet, near the sep, on a piece
of timber. “Crovkett said there was ia young man in the
house, named Hirsi Ferzison, that he wanted tw see,
He went in, staid four or five Muntes: he enme ot, said
he young man was not there, We Pissed the two men
hs passed on. and went aeross the bridge to South
foston. We Stopped ata brick building with a bar,
Crockett went in, and | sat down ona chair inthe entry.
Was there ten or fifteen Mites, fb then stepped to the
oor, and saw aman Coming towards the hotse.  Croek-
et came to the door, and) asked the pace of at was him,
calling him by name. te called Lim Russell. tte was
Russell, Mey passed in and whispered together, I
thought, Pieeckaas asked Russell if he was ete Peorge,
Russell said he Was not going home then, but weld ve
home as soon as he could be, ¢ ‘rockett said he was going
then, and should meet him there. We went to Russell's
house. Me. Crockett asked Mrs. Russell to get haw some
tea, Russell came in ina few minutes< and got some
wood for the fire, and went out again. Mrs. Russell got
the tea ready, and Crockett Invited me to take tea with
him. FP did not accept the invitation. Crockett ate his
Supper alone. After Supper Crockett took from his pocket
amateh, and lighted his rivar, Presently Do hreard a tap
ping atthe widow. My hack was to the: wincdeow,
The window was partly under ground. Mr. Crom kote
lifted Up the curtain, Psaw 2 man standing there m a
frock cont, We. Crockett eet up. took his hat. and eave
me my fiat, and anade a ametion forme te follow. Mes.
Rissell asked whe that was that Knoehed, ced Creekett
sud he did) not knew. Wrs. Rarssetl sid she would
feeaw, Crocketteand t We tat cont caren] erga” everr Peery, RIT |
Mrs. Russell went dreund the other comer with a echt,
and ashed aga whe Mewias. Crockett snl agin he elu
Het hnew omy looking down the street, we saw a man


John A. McDonald in charge of two squads
of detectives, Dennessey said:

“I want you men to canvass every tailor-
ing and cleaning establishment in the South
End, and in Boston when that angle is ex-
hausted. If Pappas murdered this woman
he must have gotten blood on his clothes,
for throat wounds bleed profusely.”

This line of attack paid dividends at once.
Sergeant McDonald was less than twenty
minutes locating a tailor, Morris Neckes, at
531 Columbus Avenue, only two blocks from
the murder house, who had two blue serge
suits that had been left there by Pappas.
Dennessey hastened to the shop. ;

“He came in here,” Neckes related, “and
told me he wanted the suits in a hurry. He
wanted to know if I cleaned suits myself
and I told him no, that I sent them out.
He didn’t seem to like that but he left them
just the same and said he’d come back. He
never did.”

Dennessey’s heart sank. The suits had
been cleaned. He looked at the tailor sharp-
ly. “Were there any stains on this suit?”
he snapped. “Anything looked like blood?”

Neckes shook his head. “They were just
dirty from ashes,” he replied. “He said his
landlady had gone away and that he was
taking care of the furnace for her.?

Dennessey’s eyes gleamed. He picked up
the coat of one suit and put his hand into
the pocket. His fingertips touched some-
thing soft and powdery secreted in the lin-
ing. He withdrew his fingers and looked at
them. They showed traces of white powder.

Ash residue !

Dennessey beamed with the thrill of his
find. Despite the cleaning, the ashes from
the death cellar still remained in the pocket
linings. He found more ashes in the pants
cuffs on the same suit.

The inspector rushed the suits to head-
quarters and summoned the city chemist. “T
want you to make tests of the ashes in the
lining of the pockets and trouser cuffs of
this suit, as compared with the ashes in the
cellar of the house where Mrs. Arsenault
was murdered. A lot depends on what you
find.”

Dennessey’s next step was to ascertain
if Pappas had ever tended the fires for Mrs.
Arsenault. Boarders told him that Pappas
had bragged he’d never do such menial
work. Moreover, a colored janitor had
taken care of the fires every day during
Mrs. Arsenault’s tenancy of the lodging
house up to and including its sale to Mrs.
Saulnier.

Forty-eight hours later the chemist re-
ported to Dennessey. “I have made a thor-
ough test,” he said. “There isn’t the slight-
est doubt that the content of the ash in the
cellar and the ash found in the suit are
idéntical.”

That was all Inspector Dennessey needed.
With his assistants and witnesses he ap-
peared before the Suffolk County grand
jury on August.28, and secured an indict-
ment charging Pappas with first degree
murder in the death of Mrs. Arsenault.

EVERY EFFORT to locate Pappas failed.
Then a break came on September
7, 1921, when William J. Quilty, a cus-
toms inspector at the Canadian border, re-
turned to his home in Springfield, Massa-
chusetts, and on a visit to the police station
saw the circular bearing Pappas’ descrip-
tion. He immediately notified his friend,
the chief, that he had seen a man who an-
swered that description cross the border,
bound for Montreal, on the fifth of that
month.

This information was relayed to Inspec-
tor Dennessey, who in turn informed Man-
treal police. An immediate canvass of the
city was launched, and for three days an
unrelenting hunt netted the authorities noth-
ing.

Then, on the night of September 11, they

INSIDE DETECTIVE

hammered their fists on the door of. an
apartment in an exclusive section of Mon-
treal and a small, smiling woman answered
the door. The Montreal detectives an-
nounced themselves.

“I am Mrs. Laura Brown Pappas,” the
woman said. “Is it my husband you're
after? It can’t be!”

At that moment Pappas entered the
room. The officers, momentarily off guard,
were caught napping by his sudden action.
Like a football fullback Pappas hurled him-
self through the blocked doorway, leaped
down the stairs to the street and started
to run. The Montreal detectives hit the
street seconds later with drawn guns, but
they held their fire for fear of striking some
innocent passer-by. One of the detectives
finally overhauled the speeding Pappas six
blocks from his home and brought him to
earth with a flying tackle.

Winded and shocked by his fall, Pappas
was far from through fighting. It took the
four officers ten minutes to get handcuffs on
his wrists, while he raged and cursed and
howled his innocence, but finally they
locked him up.

Inspector Dennessey and Sergeant Carey
left at once for Montreal. Pappas, having
regained his composure, denied guilt of
murder. Authorities found that he had
married his present wife on March 4 of
that year, and that he had told her he had
to-go back to the states on “business trips.”

Mrs. Pappas was shocked beyond words.
When apprised of the fearful crime for
which the man she had married was sought,
she collapsed. Her love, she said, fled at
that moment. She couldn’t bear to think
that the hands that had caressed her had
been wet with the blood of another woman.

Pappas, in a stroke of bravado, refused
advice of counsel to fight extradition. “I
have nothing to fear. They can’t prove
I did it,” he said. “I never killed Alice
Arsenault and I don’t know anything about
her death.”

Paul Pappas didn’t know that Inspector
Dennessey was a thorough detective—one
who left no loopholes of law or evidence
through which he might escape.

Before Pappas was returned to Boston,
Greek societies rallied to his aid. Coun-
sel was secured for him. A $5,000 defense
fund was raised, and his innocence pro-
claimed in pamphlets that were distributed
all over Boston. Paul Pappas’ trial was
to have repercussions almost as widespread
as did the famous Sacco-Vanzetti case.

DAFPAS steadfastly denied his guilt. On
June 6, 1922, he went to trial. On the
third day of the trial Pappas charged that
his own lawyer was “double-crossing me,”
a charge obviously false. But his counsel
retired from the case, and the noted attor-
ney John P. Feeney took up the battle for
Pappas.

Ten days later the case went to the jury.
They deliberated fourteen hours, twice com-
ing in for instructions from the judge. On
the fourteenth hour they came in with the
verdict of guilty of murder in the first
degree. Pappas was sentenced to die in
the electric chair.

The hue and cry that followed was ter-
rific. A $25,000 defense fund was raised
to secure a new trial. The supreme court
refused this plea. Petitions bearing thou-
sands of -names were sent to Governor
Channing Cox to spare Pappas’ life. His
disillusioned wife, who pitied him, made a
plea personally for his life.

Four times Pappas was snatched from
the searing arms of the electric chair by
last-minute executive clemency. But on the
night of July 11, 1923, after more than a
year of public clamor, Pappas finally died
for his crime.

But on the night he died his name was
to go down in medical history. There had

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room

Whatever else might have been on Pappas’ mind—if in
truth he was the slayer of Mrs. Arsenault—Montreal and mar-
riage seemed uppermost in all the statements he had made
so far.

Dennessey immediately contacted Montreal authorities,
gave them a detailed description of Pappas, and asked them
to pick up the man.

fyi? THE posthumous sale of the rooming house indicate
that robbery was the motive for the murder? Had
Pappas slain his sweetheart for the money he would gain
from the sale of the property? How had he induced Mrs.
Arsenault, a woman of admitted business acumen, to sign
over the trust of her property to him?

So far, Pappas seemed to be the key figure in the murder.
He had sold the property and had told friends and boarders
that Mrs. Arsenault had “gone away and might be gone a
long time.” He had disappeared less than a month after the
murder and no trace was to be found of him. Circumstantial
evidence pointed a damning finger at the handsome hotel

FAMED Dr. Tim-
othy Leary

examiner, found
that the victim's
throat had been
slashed literally
from ear to ear.

waiter, but Inspector Dennessey knew that circumstance and
proof are often divided by a wide chasm of doubt.

What Dennessey needed, he knew, was formidable proof
that couldn’t be punctured.

On June 18, more than a month after the discovery of
the murder, detectives located Joseph Sifiakis, a former lodger,
and the first ray of light was cast on the question of actual
murder. Sifiakis related:

“IT worked in a laundry when I lived with Mrs. Arsenault.
T had to be to work at six o’clock. The morning after Christ-
mas Day I came downstairs at five-thirty. Pappas was sit-
ting in the dining room drinking. I don’t think he was drunk.
He didn’t act it. Mrs. Arsenault was lying on the couch at
the opposite side of the room, but I couldn’t see her face as
she had a quilt over her head. I asked Pappas if she could
get my breakfast and he said to me, ‘She’s too drunk to lift
her head—you’d better go out and eat. Christmas only comes
once a year you know.’ I laughed and went out to break-
fast.”

Was Alice Arsenault dead when Sifiakis came into the

room? Had her slayer already slashed her throat and severed
her spinal cord? ‘Had Sifiakis’ entrance into the dining room
caused the murderer to dump her body on the couch and
cover her bloody head with a blanket?

Sifiakis was unable to answer those questions. The couch
on which Mrs. Arsenault had béen lying, and on which blood-
stains might appear, had been disposed of before Mrs. Saulnier
took over the house.

Sifiakis could only reiterate, that Pappas had told him
the day after their talk in the dining room that Mrs. Arsenault
had gone to Canada to see her childrén, and wouldn’t be back
for a long time.

Detectives assigned to trace Mrs. Arsenault’s background
ran into confusion. They learned that .she had lived in
Chicopee and Springfield, Massachusetts, in Montreal, and
in St. John, New Brunswick. But authorities at none of
these places could unearth any information about her.

The closest they came to learning anything about the
woman whose murder was front page news throughout the
East, was from Miss Bertha O’Donnell, personnel manager
of the Forbes Lithograph
Company in Chelsea,
where Mrs. Arsenault had
worked four years prior
to her death. But all Miss
O’Donnell could say was
that Mrs. Arsenault had
appeared refined and edu-
cated, but never mixed
with others.

Pappas’ past proved to
be as much an enigma.
The deeper detectives
probed into his _ back-
ground, the less they
learned. In truth, Pappas
and his paramour were as
dark a mystery as the
crime itself.

Dennessey, disappointed,
swung away from this line
of attack and concentrated
once more in his hunt for
lodgers. This renewed
work brought results in the
first week of July. Detec-
tives located Mrs. Lena
Kokas, a former lodger,
and her story convinced
Dennessey he was right
and provided him with the
motive for the brutal mur-

der.

“Christmas night,” Mrs. Kokas revealed, “Alice and
Paul came up to my room to play dominoes. They were
happy, and they drank a little wine to celebrate the occasion.
Alice had given Paul a silver mirror, shaving brush and a
shaving mug for presents. I don’t think Paul gave her any-
thing that I can remember. About ten o’clock that night the
doorbell rang and Alice went downstairs to answer it. She
was gone quite a while. Paul went out to the second floor
landing twice and called to her to come up. She didn’t answer,
and at last he went down.

“Finally they came up. Alice was smiling, and she had a
box of candy, all tied up in Christmas ribbons, in her hands.
I ate some of it. Paul was sullen; and Alice once said to him,
‘Don’t be foolish, Paul.’ Paul got real mad and smashed a
wine glass against the wall of my room. Then he left the
room. Alice told me a man from Cambridge had brought
her the candy, and that Paul had come downstairs and caught
them holding hands in the hallway. A little later she left to
go to bed,

“I heard her moving around in (Continued on page 56)


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56

INSIDE DETECTIVE

grabbed her purse and jumped over a
fence between the houses—I guess that’s
where I left my footprint.”

“And the Wagner girl?”

“T had just robbed the Lippman place
and had gone out of the house through a
screen I had cut when I saw this Wagner
kid sitting in the kitchen, doing some
embroidery. I don’t know what came over
me. I saw a hunk of wood in.a wood pile
near the back of the house and I picked it
up and climbed back into the house again.
Myrtle’s back was toward me. I swung
the club, and she started to get up. So I
hit her twice more. She sort of collapsed
slowly. Then”—Cook hesitated—“then I
tore off most of her clothes and—and—
well, you know. .. .”

here was a shocked silence for a
moment. Then one of the investigators
said, “These 2x4 clubs you used—how come
they were always so handy?”

“Easy. I always found them whenever
I needed something to hit with. The one
I used on Sosoyeva, I found under one of
the campus benches. When I slugged
Bogard, I got that one in back of a drug-
store near Sunset. That part was easy!”

“That guy’s got ice water in his veins,”
one of the detectives muttered.

Cook was taken on a tour of the scenes
of crime. He was not at all reluctant to
reenact his terrible deeds.

“The sooner I get it over with, the
better,” he announced when he was taken
to City College campus. “And I don't
even want a lawyer.”

, On Wednesday, August 30—two days
later—the county grand jury indicted De-
Witt Clinton Cook on nine felony counts of
robbery, assault and murder. I, only one
of the three victims able to appear, was
requested to come before the grand jury.
As I waited to be called before that body,
Cook, surrounded by a cordon of officials,
came down the hall toward me. Instinc-
tively I shrank back, a feeling of revulsion
coming over me. So this was the man who
had, in a bestial frenzy, laid open my skull!

A few hours later, Cook was taken be-
fore the presiding judge of the Superior
Court, Clarence a Kincaid, and pleaded
guilty to the felony counts against him.
Judge Kincaid promptly set Friday, Sep-
tember 1, as date for presentation of evi-
dence to determine the degree of the

risoner’s guilt—a formality which would

indicate whether Cook was to die in the
lethal gas. chamber at San Quentin Prison
or get off. with a prison sentence.

But on Friday, DeWitt Clinton Cook did
a curious thing. He refused flatly to plead.
With one exception. He pleaded guilty to
robbing me of thirty-five cents !

“Under the: law, there is nothing I can
do,” Judge Kincaid said slowly, “but order
you to stand trial. I hereby set the date
of next October 4, at which time you will
answer to the charges against you.”

DeWitt Clinton Cook was marched back
to his cell in the county jail.

I learned a strange. thing while I was
waiting to be called by the grand jury.
Detectives showed me .a letter found on
Cook at the time of his arrest. Cook, I
was. told, had served time for burglary at
Eldora, Iowa, reformatory from January
to ‘December 20, 1936; when he was re-
leased. on parole and..came to California.
That letter was from the .reformatory, and
it was dated July 22, 1939:

“Your parole has run out and you need
no longer report to parole officer. We hope
you will be a good boy. and ‘a useful
citizen... .” '

I can only say this: I have no bitterness
in my heart. But I hope, for the protection
of women and other girls like myself, that
the killer of Anya Sosoyeva and the slugger
of myself and Myrtle Wagner, gets what
he deserves And may God have mercy on
his soul... . |

Runaway Romeo
and the Mystery
Corpse

(Continued from page 41)

her room a while, then I went to bed and
to sleep.”

“You never saw her alive again?” Den-
nessey asked,

“No. The next day I met Paul at the
front door and he seemed very happy. He
told me Alice had gone to Canada to visit
her children. I had never heard about the
children, but then Alice didn’t talk much,
so I didn’t think anything about it.”

Mrs. Kokas’ statements changed the en-
tire complexion of the murder mystery to
Dennessey. Now he had a motive for the
murder. Jealousy !

“Mrs. Arsenault and Pappas argued fre-
quently, I understand?” he asked.

“Yes, they did,” Mrs. Kokas answered.
“Once Paul told her not to go too far with
him as he had killed two men in a fight on
the Isle of Crete.”

The Isle of Crete! Had Pappas fled to
the island of his nativity to evade arrest?
Dennessey cabled authorities there full in-
formation. A return cable informed him
that Pappas was not on the island, but that
his aged mother and father still lived there,
and they hadn’t heard from their son in
five years.

Sifiakis placed Pappas with Mrs. Arse-
nault only a matter oT hk perhaps even
minutes, after the time of her murder. Mrs.
Kokas’ story had produced the motive, and
proved that Pappas’ jealousy had been
aroused by the visit of a “mystery man”
with the box of candy,

Pappas had been the crier of the story
that Mrs. Arsenault had gone to Canada,
when in truth she lay brutally murdered
under a half-ton of ashes in the cellar of
the lodging house.

[NSPECTOR DENNESSEY was ready
now for direct action. He broadcast cir-
culars as far west as Chicago, south to
Miami, and north to Montreal and St.
John. He noted on the circulars that
Pappas was wanted for “questioning,” not
wanting to scare his elusive quarry off with
the frightening word of murder.

This done, Dennessey, realizing full well
that he had failed to produce the murder
weapon and that he needed something physi-
cal in the line of evidence, racked his weary
brain for an idea. Time is a great healer,
and the inspector knew that now with al-
most seven months elapsed since the com-
mission of the crime, Pappas, when caught,
wouldn’t be easily shaken.

Detectives had dug into the ashes, sifted
them, dug up the back-yard, and literally
had ripped every room in the lodging house
apart in an effort to locate the murder
weapon, to no avail.

On July 15 word was flashed from Pitts-
burgh that a man registering as Paul Pap-
pas had stayed two days at a hotel in that
city, and for a few days hopes soared that
Pappas might walk into the net strung out
for him. He didn’t.

Three days later word came that a man
registering as Paul Dascalakis had regis-
tered and checked out of a downtown New
York hotel. Again hopes soared, but again
Pappas eluded the network.

The pursuit was getting closer. Den-
nessey felt that now, with Pappas’ arrest
only a matter of watchful waiting, he had
to dig up some piece of damaging evidence.
Then the idea dawned on him,

Placing Sergeant Carey and Sergeant

John f
t dete

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INSIDE DETECTIVE

been much talk as to whether a man put
to death in the electric chair felt the shock
of the current before he died—whether elec-
tricity was more merciful than hanging.

Pappas, doomed, knowing no further
clemency would come to him, agreed to
allow physicians to make tests—to use his
corpse as a guinea pig.

They poured 2000 volts through his body
for one minute and fifteen seconds. Then
physicians examined him. They pro-
nounced him dead, and then the current
was applied for twenty seconds more.
Physicians later concurred that electricity
destroyed the nervous system before it could
transmit any pain to the rest of the body.

Rumor had it that if the state was to ex-
periment with Pappa’s body, his friends too
would experiment. They planned, it: was
said, to get his body directly after the
electrocution, rush it to a nearby hideout,
and try and restore life.

This never developed. It was never al-
lowed to, because authorities held the body
until: the next day in the prison morgue.
Paul Pappas, killer of Alice Arsenault, was
not resurrected, but was given an elaborate
funeral.

Wages of Sin

(Continued from page 15)

by the judge as the period of her alimony
payment expired in 1937. After that, she
didn’t even have a home.

BitneLyY she walked the streets, slept
in the toughest kind of waterfront
saloons, mooching drinks from dock-wal-

lopers and burly stevedores. And when they’

would buy her a drink, she would stagger
out by some other exit and give them the
slip. Once in a while, the victim of this
sly ruse would follow her outside and
knock her flat on the pavement. She didn’t
care. Even a beating couldn’t rouse her.

One night in the winter of 1938, a taxi-
cab driver named John Dutton was hailed
by a shabby-looking brunette. He stopped.
She got in and told him she “didn’t care
where he took her.”

“T haven’t gét any money,” she said.
“TI have no place to go. I don’t care what
happens to me.”

He stopped the cab and began to talk
to her. He asked her where she had spent
the previous night. She said she had
slept in an all-night picture theatre. He
asked her why she didn’t get a room some-
where.

“Why should I?” she yawned. “The
saloons are open from 7 A.M. to 2 A.M.
Why pay rent?” :

And this was Katherine Weadock.- The
same person who had seen clerks bow and
smile; who had conquered Saginaw
society; who had been the most beautiful
girl Saginaw swains had ever seen. Or
was she the same person? Could such a
metamorphosis be possible?

John Dutton, the humanitarian, pitied
her. «He took her to a little fifth-rate
hotel in the neighborhood where he lived.
He fed her and put her to bed. Then he
left, to walk for hours trying to figure out
what to do,

“She looked refined,” he said later. “I
tried to help her. When I found what her
life had been, I felt sorry for her.”

He didn’t see her again for two weeks.
Then he heard that she had been beaten
very badly, again by an infuriated saloon
customer from whom she had escaped
without tendering the promised reward
for a drink. He rescued her and brought
her back to his dingy little hotel.

He fell sincerely in love with this bat-

tered wreck of a woman. He found some-
thing in her character that was still fine and
admirable. And he felt that his job was
to build upon it, and restore her real self.

“Every time she’d get to talking about
her children,” he said, “she’d just about
bathe herself in whiskey. It didn’t help
much.” ;

She drank so much she got chronic
arthritis and had to go to a_ hospital.
Dutton took care of her, visited her, calmed
her jangled nerves. He was the best
medicine she could have had: When she
came back again, somewhat recovered, they
were married.

‘But from her terrible craving for liquor
there was no escape. ‘She took to fre-
quenting the same old saloons again while
Dutton was working. One beating after
another, the siege in the hospital, her con-
tinued inability to see her children. . .
tragedy upon tragedy knocked Katherine
down the ladder of hopeless drunkenness,
one rung at a time, from which there is
no upward escape.

And beside her, binding up her bruises
and gashes after each bloody beating,
soothing her, was this big-hearted little
cab driver, John Dutton.

He loved her.

But she grew worse. Her excesses had
brought on a painful organic trouble.
Katherine tossed on her bed in constant
torture. Dutton knew she would die if
he didn’t get her to a hospital for an
operation,

He had no money. He tried to borrow
some. He signed a note, and pledged
everything he had. Finally he succeeded in
arranging for his anguished Katherine to
be admitted to a hospital on July 1, 1939.

The night before, Katherine, awakening
from a pain-filled attempt to-sleep, began
to feel that gnawing craving for whiskey.
It was about 8 p.m. She didn’t have a dime.
But she got up, struggled into her wrinkled
garments, and staggered out of the hotel.
Around the corner was Max’s Cafe, and
there ought to be some spenders there.

' When she came in, the cigarette smoke
was so thick she couldn’t see across the
room. She sat down. An electric phono-
graph was bellowing in pain, like an animal
under the branding iron. Shouts of the
men at the bar were deep, lusty and loud.
A man happened to see her.

She pulled her sunken cheeks into a
smile. -He came over. He bought her a
drink—two drinks. But he wanted to take
her somewhere. She remembered what
Dutton had said to her when he asked her
to marry him: “I’ll take care of you and
love you—but you must be faithful r”

The man was insistent. Katherine knew
she couldn’t take another beating, with a
hospital bed being made up for her at
that very minute. She had an idea. So she
got up, lurched unsteadily toward the
door and he followed.

She took him to the same hotel where
she and Dutton roomed. There, she knew,
she could get away from-him and hide in
her own room. When ‘the pair entered,
it was Katherine who signed the register.

What was in her mind at that moment?
She must have been seeing a kaleidoscopic
jumble of scenes from her past life, whirl-
ing together in her dizzy brain. At any
rate, she played-a bitter practical joke on
fate. She stood up proudly, took the pen
and signed the register, “Mr. and Mrs.
A. Weadock.”

They staggered up the stairs. In the
room for which they had registered, the
man soon got pretty drunk himself. Kather-
ine edged toward the door. She opened it,
ready to flee down the hall. But at that
moment, the man grabbed her and pulled
her back into the room.

Next door a tenant named Ben Bender
was trying to sleep. He heard a loud
scuffing. He heard a woman cry out:

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aching dawn, the
iton again. In the
‘inlein, a youth who
wered to the name
‘ loaded .32 caliber
olster, an ammuni-
ld containing $40,
n. A roll of bills
in helmet hanging
1 was arrested,
it daylight, was to
int Vernon street,
oston, Joseph H,
m bed. In other
three coats and
per bag contain-
er pistol,
as a dark green

to custody,
olice toils within
‘d watchman was

estified to five—
»ved and armed
itted the robbery,
e getaway car.
nan?
wered this ques-
srookline Village
yanked Peter V,
1 a taxicab,
indicted for first
eight weeks of
aced on trial in
rt. District At-
ng handled the
it appointed at-
ts.
4 succession of
ying witnesses,
d out Heinlein
two of the men
helped rob the

DETECTIVE

Above, left to right—State Detective Edward J. Sherlock, District At-

torney Arthur K. Reading and State Detective Edward P. O’Neil, at the

first trial of the bandits. Below, the five original suspects on the way to

trial. They are Devereaux, King, Heinlein, John McLaughlin and Bennett.

Bennett was acquitted and then the hunt for the Man in the Green Slicker
began in earnest.

ADVENTURES

Kllery and Wingate selected Dev-
ereaux as the man who said, “I’ll take
care of this other fellow,” consequently
as the man who killed Ferneau.

On November 18, the state sprang a
sensation, It called Peter V, King as its
chief witness.

One Of Five Freed

HE day before, after a secret con

ference between the prosecutor and
Frank Goldman, attorney named by the
court to represent King, the chauffeur
pleaded guilty to being an accessory after
the fact of murder. He agreed to turn
state’s evidence. The murder indictment
against him was nolle prossed.

King’s story, the positive identification
by their holdup victims, and the admis-
sion by Devereaux that he alone was re-
sponsible for Ferneau’s death, clinched
the case against McLaughlin, Heinlein
and Devereaux. The jury found them
guilty and they were sentenced to die in
the electric chair at Charlestown prison.

The court directed a not guilty verdict
in the case of Bennett and quashed an
indictment charging him with being an
accessory after the fact. This operated
to exonerate Bennett completely from
any complicity in the crime.

The score now stood: three men con
victed, a fourth a witness for the state, «
fifth freed.

Yet five men had positively partici
pated in the holdup, Who was the other *

A crowded courtroom now heard this
man named for the first time in the testi-
mony of King and again in statements

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from the witness chair by Heinlein, Mc-
Laughlin and Devereaux,

The fifth man, they said, was actually
their leader!

He was the man in the green slicker!

He was a former conductor for the
Middlesex & Boston Railway company.

He was instigator of the whole affair,
according to King. The other three told
the court that the fifth man informed
them there would only be two persons in
the Waltham barns at two a. m. the
view ad of the holdup—and $5,000 in
cash

Then he had led them to get this money.

He was a brother of one of the con-
demned men!

His name?

Peter J. McLaughlin!

Immediately Prosecutor Reading be-
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public queries. ‘

How had McLaughlin gotten away and
escaped punishment for a crime of which
his companions said he was the author?
TG gd had the authorities not caught
vimii

Where was he now?

That, replied Reading, was something
the police wished they knew.

The man in the green slicker, he re-
vealed, had vanished apparently into thin
“tid on October 5, the day after the rob-
very.

Police had ‘been aware of his identity
then. They explained they had been seck-
iny him quietly along with the others,
unwilling to disclose his identity for fear
of hampering their pursuit.

Now, having publicly introduced Peter
J. McLaughlin into the case, the authori-
tics could do little else but intensify their
search for him.

While Sherlock and O’Neil sought out
this man, now gone two months, police all
over the country were given his descrip-
tion. Circulars said he was 25 to 30 years
eld, five feet, eleven inches tall, weighing
about 170 pounds; stocky build, round full
face; American.

Sherlock and O'Neil went to Baltimore,
on a mysterious errand, and as mysteri-
ously returned --empty-handed. They
had missed Peter Mel-augin by a mat-
ter of minutes.

Job Gives Clue

NIMPORTAN T fact had been
learned on the trip, however, The
man accused of wearing the green slicker
the morning of October 4 had been work-
ing there as a roofer.

his was a trade he had learned after
quitting his conductor’s job with the Mid-
dlesex & Boston Railway.

Winter was coming to a close before
the Massachusetts Supreme Court got
around to reviewing the appeals of the
three condemned men.

Hope for Devereaux had virtually been
abandoned by his heartbroken mother
and other relatives, for his admission on
the stand was considered tantamount to
confession of murder.

But the mothers of John McLaughlin
and Heinlein, as well as the wife and chil-
dren of McLaughlin, believed these two
men, who were not involved in the actual
killing of Ferneau, would get a new trial.

‘

© (Contined fram poae 13]

a ea Rt eee pO ata MENU EE OUT te

att by

‘The high court dashed these hopes,
however, in unanimously upholding the
conviction and the death sentences.

It was only then, after the execution
date had been set for the week of August
8, 1926, that the fight to save McLaugh-
lin, Heinlein and Devereaux from the
chair was begun in earnest.

Rallying around Attorney Francis Jug-
gins, who had unsuccessfully fought the
trio’s appeal, friends and neighbors of
the men’s families banded into a clemency
committee. This move started one of the
most remarkable battles ever staged to
win commutation for condemned killers.
It was waged by thousands of persons,
fought on the front pages of newspapers
and from the pulpits of Boston’s churches,

Scores of leading citizens campaigned
openly for the three men, - Headquarters
were taken for the committee on a prin-
cipal street corner of downtown Boston.
More than 10,000 names were affixed to
a single petition sent to Governor Alvan
T. Fuller. Even members of the -city
council signed a separate plea, for mercy.

Ignores Pleas

HILE sentimenpy for clemency was

gaining ground, public feeling
against Peter Mclaughlin was running
high. His voluntary return to Massachu-
setts was urged in the interests of the
trio under sentence. But this plea either
was unheard or fell on deaf ears.

Peter McLaughlin not only stayed
away, but became increasingly difficult
to find. Police were unable to get a single
trace of him after his disappearance from
Baltimore. Sherlock and O'Neil, how-
ever, kept doggedly at their task,

Then in February, 1926, the two detec-
tives picked up a clue which sent them
scurrying to New York City.

The name Peter McLaughlin had ap-
peared in the building trades labor list
as an employee of the Asphalt Tile &
Roofing company of Queens, in Long
Island ay, across the river from Man-
hattan. 8 this the man they sought?

Sievtock rail O'Neil obtained his de-
scription, It fitted the Massachusetts fugi-
tive exactly,

What quirk of vanity had prompted the
man to use his own name?

Did he believe himself safe from police
capture?

The Bay State detectives went to New
York headquarters in Center street and
conferred with Inspector Arthur A,
Carey. A trap was set for McLaughlin,
for the next morning.

That same night, while police were lay-
ing plans to capture the man, members
of the Roofer’s Union voted an immedi-
ate strike. One of the men failing to re-
port on the job the next day was the sus-
pected former Waltham conductor.

Thus fate, by a twist stranger than
fiction, aguin intervened to save the re-
puted “Man in’the Green Slicker,”

Thwarted, police searched places un-
derstood to be his regular haunts. Peter
McLaughlin could not be found.

The detectives, however, had him
tabbed. They believed he would report
back for work when the strike was set-
tled. But Sherlock and O'Neil couldn’t
wait. Other work demanded their pres-

Aways [xaist on Tuk Apyratisny Brann!

oe Jae

f e Ni? heaps ~
2 EUR Pr De TY hy joiners?

ence in Massac
case in the han:
On April 5 >}
papers reported
trades tie-up.
would go back
ing.
In Long Isla:
G, several stra:
building job. T
. Martin and &
unpracticed eye
about the wo!
brought many i:
One thorough
however, had jr
of slate to his s|
Donahue dropp«
up to him,
“Hello, McL
flashing a badg
The roofer’s +
still, holding the
“Okay,” he :
don’t let the ot!
Given time t
the two detecti:
eighth street, \
looked around.
“What does :
case?” Donahue
He unbucklec
side. When his
a loaded .32 cali
At headquart
McLaughlin ha
roofing jobs, but
his real one whe
the Queens con
“Tt just slippe
Closeted with
hue, Martin and
Donovan, the EF
“Okay, I'll talk.’


pes,
the

tion
gust
ugh-

the

Jug-

the
s of
ency
‘ the
d to
ilers.
sons,
pers
ches,
ened
rters
prin-
ston,
‘d to
v\lvan
city
ercy.

was
-eling
ining
achu-
f the
either

tayed
fieult
single
from
how-

detec.
them

id ap-
or list
‘ile &
Long
Man-
cht?

is de-
s fugi-

ed the
police

» New
et and
ur A,
ughlin,

re lay-
embers
nmedi-
< to re-
he sus-
or.

r than
the re-

ces un-
. Peter

ad him
| report
vas set-
couldn't
ir pres-

“ence in Massachusetts.

They left their
case in the hands of Inspector Carey.

On April 5 New York evening news-
papers reported settlement of the building
trades tie-up. That meant the roofers
would go back to work the next morn-
ing.

In Long Island City, Queens, on April
6G, several strange men reported on a
building job. Two of these were Thomas
J. Martin and Stephen J. Donahue. An
unpracticed eye could tell they knew little
about the work, but the strike had
brought many inexperienced men to jobs.

One thoroughly familiar with his task,

* however, had just lifted a heavy bundle

of slate to his shoulder when Martin and
Donahue dropped their work and stepped
up to him.

“Hello, McLaughlin,”
flashing a badge. ,

The roofer’s helper blanched. He stood
still, holding the slate.

“Okay,” he said slowly, “but please
don’t let the other fellows know.”

Given time to dress, McLaughlin led
the two detectives to a room on Fifty-
eighth street, Manhattan. The officers
looked around.

“What does a roofer do with a brief
case?” Donahue asked the fugitive.

He unbuckled the strap and felt in-
side. When his hand came out it clutched
a loaded .32 caliber revolver.

At headquarters it was learned that
McLaughlin had used several names on
roofing jobs, but had inadvertently given
his real one when applying for work with
the Queens concern.

“It just slipped out,” he said.

Closeted with Carey, Detective Dona-
hue, Martin and Stenographer Joseph F.
Donovan, the Boston fugitive said,
“Okay, I'll talk.”

sai d Martin,

Pee das ald Mt Pa ea ee tos oT are
Brie ’ N

Talk he did—for two hours.
morning, in Long Island City, he was
held for extradition to Massachusetts.
Then, at intervals during the next two
days, he was questioned and re-ques-
tioned. The result was the same.

Peter J. McLaughlin made damaging
admissions.

He confessed to helping plan the rob-
bery and to: sharing the loot. But, he in-
sisted, he took no part in the actual hold-
up.

Pid he own a green slicker?

Yes, he did! But another person, he
declared, wore it into the carbarn office
when Baker and Mains were forced at
Bunpoint to give up the trolley company’s
cash,

No amount of grilling could alter this
story.. On April 3 Sherlock and O’Neil
brought the fugitive back to Massachu-
setts. He was locked in East Cambridge
jail where his brother, Heinlein, Dever-
eaux and og also were in cells.

On May 8, Peter McLaughlin told
Judge George Flynn, who had presided at
the trial of the others, that he was with-
out funds to engage counsel. The court
appointed George A. Douglas, professor
of law at the Suffolk Law School, to de-
fend him.

Douglas immediately began a series of
moves to prevent an early trial. He was
aided in this, by an upheaval in the dis-
trict attorney’s office which found Read-
ing replaced as arenes by Robert T.
Bushnell, one of the most fiery criminal
lawyers in the state. Reading subse-
quently became attorney general.

Summer sped by and the three con-
demned men, aided by a court ruling and
Governor Fuller’s absence in Europe, had
execution of their sentences deferred un-
til the week of January 3, 1927.

“Can I help it if he’s near-sighted?”

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gate, Baker and Mains. None was iden-
tified as members of the Waltham mob,

Sherlock and O'Neil were positive the
carbarn holdup was the work of a local
gang. From underworld sources Sher-
lock began to get information, but none
definite enough — to bring about ar-
rests.

The detectives believed, however, that
someone in the confidence of the gang
would talk if the price was high enough.
That same day the Commonwealth of
Massachusetts offered a reward of $1.000
for information about the carbarn holdup
perpetrators.

Toward evening Detective . Sherlock
heard a faint knock on his office door.
A woman stood there, a slim, pretty bru-
nette. She started to speak while still
in the hall. Her first words burned them-
selves quickly into Sherlock’s conscious-
ness. He drew her inside and locked the
door,

12

ut CUTOTTT | -

Robert T. Bushnell,
who prosecuted the
Man in the Green
Slicker, with the gun
used by carbarn
killer, Above—the
imposing clemency
committee headquar-
ters which waged
fierce but futile fight
to save trio from the
chair in Charlestown
prison.

Shortly after 3:30 the next morning,
nine men surrounded a house in Brighton,
Led by Sherlock, O'Neil, State Detective
Michael Fleming, Inspectors Peter yi
Tracy and William J. Lyons and Captain
Richard Currin, they rushed an apart-
ment on the first oor .

Two men were found in bed in a room
off the kitchen. With one this story has
nothing to do, The other was John J,
Devereaux, about 25. A dark blue suit
and a light overcoat lay over a chair.

Find Roll Of Bills

[N a closet police found a basket. in

which, under some shirts, was a towel
knotted around seven or eight rolls of
money. The rolls were marked with the
name of the Waltham trolley company,

Devereaux was rushed to Station 14 in
Boston's Back Bay section and police
next raided an apartment on Common-
wealth avenue, Brookline. There a pistol
holster and fifty-eight .38 caliber cart-
ridges were found. John J, McLaugh-
lin, a married man with two children,
Was seized.

Racing the approaching dawn, the
raiders went to Brighton again. In the
home of Edward J. Heinlein, a youth who
wore glasses and answered to the name
“Dutch,” they found a loaded .32 caliber
automatic pistol and holster, an ammuni-
tion belt and a billfold containing $40,
and some rolls of coin. A roll of bills
also was found in a tin helmet hanging
on the wall. Heinlein was arrested.

A fourth call, just at daylight, was to
an apartment on Mount Vernon street,
Allston, a section of Boston. Joseph H.
Bennett was routed from bed.” In other
raids police had found three coats and
five caps, a brown paper bag contain-
ing coins and a .38 caliber pistol,

One of the coats was a dark xreen
vilskin slicker !

Bennett was taken into custody,

Four men were in police toils within
three days after the aged watchman was
killed in the holdup.

But witnesses had testified to five—
four masked, white-gloved and armed
men who actually committed the robbery,
and a fifth who drove the ketaway car,

Who was this other man ?

Police apparently answered this ques-
tion when they visited Brookline Village
that same morning and yanked Peter V.
King, a chauffeur, from a taxicab,

The five were quickly indicted for first
degree murder. Within eight weeks of
the holdup they were placed on trial in
Middlesex Superior Court. District At-
torney Arthur K. Reading handled the
case personally. The court appointed at-
torneys for the defendants,

The state’s case was a succession of
police and other identifying witnesses,
Baker and Mains pointed out Heinlein
and John McLaughlin as two of the men
who came upstairs and helped rob the
safe.

STARTLING DETECTIVE

Above

torne:
first t:
trial. “
Benn:

ADVEN'


pein pe keen nhe oie se edt seiabwasee ks ern
A to FL PER SE SESE CAS MBIA NAS RAE HE Sepals

|

ERS, Ai GE SE DSS ERS

: COY, William, white, hanged Pittsfield, Massachusetts, on March 3, 1893.

ine a ~ City=Edition:_ |

‘hanged on Feb. 24 for ‘the murder
/ \Washington, ‘but was granted 2
“wting been carried tothe jail by

‘\oheer Coy up, : Jailer Lebbeus Scott

«jing straight ahead, never, taking his

~|ing me, a stranger, in uniform, he

-|mented: ‘That's all  right—that®
i}good enoughy yin aes See

a Warld reporter sent here to-cover

sjintroduced herself-as Mrs. Coy, It
“|was over her the trouble arase, She
“Slremembered me as the messenger
‘\boy often in the court room. Ihave

; : trials. since then. ©”.

<G¥\ing, between’ 2 and 3 o'clock, I was

Reprieve to Condemned Man,
nt, Clearly ee aS
today that|y.said ‘I don’t know, but come

rrity, Who Carried Telegram

Recalls: are &

ise
tt was 50 years ago’

 Jevér put’ to” death, in. Berkshire jocked, but Mr. Jolls permitted us
_'|County for the’ crime of murder,|to enter. The bo

-|was hanged in: the jail, on Second
.\Street. Coy | was. to: have: been

on the neck and on the side of the

a) William Coy Made |

Alliam ‘Coy, the only: white:manjalong. The door of the morgue was |

covered by a sheet. ° Black marks f§

head. were grim reminders of the =

4
A

\

way in which death had come.”
Coy Takes “a Chew”

Coy’s only gesture when he heard
in court that his doom was sealed
James: W. Garrity, of 835 Dalton|was to reach around to his right
Avenue, now in the.. gasoline: andj hip pocket, extract a paper of
auto supply business. =! V¢obaeco and to insert in his mouth
-“— was messenger boy for-thela generous chew -which already
Commercial Union which was jo-|contained @ “morsel.” David L.
cated in the old West Block which} Evans, brother-in-law of Allen H.
stood where the Berkshire County| Bagg, was Courthouse messenger,.
Savings Bank . Building “now!the predecessor of Robert T. Par-
stands,” said Mr. Garrity today in| ker. ° te
recalling the occasion. A. C. Kauf-|° The late Dr. Stephen Cc. Bur-

of John Whalen . in the town of|

week’s reprieve, the telegram shay-

teacher.) bighsy
Went to Coy’s Cell ©.
n
the evening. The sheriff told. me
it would be all right to go to the

cell — ;
I off.:the guard: repr Ig might er. Others who had to do with

vent with me. Officer P, J,.Keefe,| the solemn proceedings also took

deathwatch, was on guard, -sitting|® mie. se"

tose to the'grating, facing it; look-| _ Oliver L. Wood, afterwards state
detective, was a deputy sheriff then.

So was Robert M. Savery, father

of Jamea R. Others were Taylor,

Reed. and Cutting, , Lebbeus Scot

eyes off the pfisoner. As We ‘ap-
proached, Coy’s face lighted up, Sees

was turnkey. Patrick J. O'Keefe,
assigned as death watch, sat close

-&\He had on only an undershirt, with'|to the cell, facing it, never took |

‘\no sleeves, trousers to which was |his gaze off the slayer, Joseph

s3lattached neither, belt nor suspender, |
‘slippers and stockings that ..were

‘lout off-at the top of the shoes... He

Ward Lewis, editor of the Journal,
lafterwards city clerk, and Rev. Dr.
William Wilberforce Newton, were
deeply interested in the prisoner.
The night before what was thought
to be the day of execution, Dr.
Newton arranged to get a Bible
to Coy, leaving it first at the tele-
graph office, afterwards going over
himself. Of the newspapermen

opened the telegram, read it, com--

s

L. W. Harger survive. The Oate
mans, Col. William H Phillips, Earl

drugstore, a woman entered. “She

dered invitations were _isgued.

attend. The late John J. Nelligan,
attorney, was present every day of
the trial, witnessed the execution,
John J. Bastion, city councilman,
assessor, state representative,
whose home was diagonally across

been. present at many homicide
rigs

Fete

“on the ‘afternoon of the hang-

approached on the street by a-well+
known woman who asked: me ‘what:
I thought her chances were of s€¢-;
ing the body. She believed: that it

GIT accompanied her to the:

_|man was the .manager.. Miss Idajton was jail physician. He said :
Kendall was. the operator. Herjto Coy: “If you desire a drink of
‘{father, William H: Kendall, wasin{liquor before you go to the scaf-
: |the ice business here many years.) fold this morning you may have
1A. sister, Rose,:. was ay School it, I have the right to’ prescribe =

re teak aclit. » Nobody else-has.” | Dr, John F. }

0 ia . Clymer, noted dry advocate, reth- —
:|° #7 reached the jail at 8 o’clock i

was jailer. John W. Whipple, ;
‘brother of the major, later jailer, |

active then Freeman M. Miller and :

Grey Baldwin, Georgé T, Frawley, ||}
S. Chester Lyon and others were i
in the reporting field. Black-bor- |

The City Council was invited to |

from the jail, was present. He said
rwards Coy, the rope about his $4;
. |neck, gave unmistakable evidence .

6 SRA OR
j pes ee
9

{
{
\
|
|
|

tatera her-luck would be betters of the terror that poss essed him... -j}'


er de-
lamed
ittrac-

rently
called
2s red
fer lit-
ft her
stead
nned,
mong
might
ilized
) until
lall.
Vities
letec-
pera-
ed he
Pink-
. Still
help.
ll, he
“who
deli-

1 the

ynch
vhen

ar-
eft

th-

drew the wedged object with a shock of
surprise. He placed it in his pocket and
rejoined Riedell.

“Do you know the name of the man
who hired that rig?’’ he asked.

“Yes, I do. His name is Costley and he
rooms on Camden Street. He’s from
somewhere on the South Shore.”’

Furnald showed Riedell the scarlet ob-
ject he had found wedged behind the seat.
‘*You said he was alone. I wonder, then,
where this woman’s red buckled slipper
came from?’’

The detective ordered the carriage im-
pounded and went to Camden Street. He
found that the lodging house was oper-
ated by a former police acquaintance,
Donald Day. Costley was out, but the two
russet leather Saratogas with the initials
*‘J.H.”’ were in the room.

**They belong to his cousin,”’ Day ex-
plained as Furnald examined the trunks.
“‘Now and then she uses this room when
Costley is out of town.”’

**Where is he now?”’

“Down in Hanover. Until recently, he
was the proprietor of the Four Corners
Inn. He’s down there getting some clo-
thing for a trip.’’

When the afternoon train chugged
south for Hanover from the Old Colony
Dept. in Boston, Furnald was aboard
with Constables Philbrick, Pinkham, and
Pratt.

While the others hurried on to the Inn,
Furnald lingered behind, eyes intent on
the enlarged photograph of a woman in
the showcase of a photographer’s studio
next to the station. He recognized the
subject instantly, but his attention was
drawn to the oddly-cut 10-pointed jade
earrings with dangling pendants. He
stepped inside the shop on impulse. Fur-
nald introduced himself to the assistant
on duty, Wells Elliott, who said he took
the picture of Mrs. Hawkes only a few
weeks before.

“There was never a woman better
liked or respected,’’ Elliott said. ‘‘We
were all shocked to hear about her
death.”’

“‘How about Costley? Is he well
liked?’’ Furnald asked, Stating he knew
Mrs. Hawkes had worked for the inn-
keeper.

“I should say so,’ Elliott affirmed.
“One of the best-liked men in town, even
if the White Ribboners made him close
up.”’ \

Furnald glanced up the street. *“Who
had the Inn before Costley?’’

‘‘Man by the name of Howard. Used to
be a tailor.”’

Furnald rejoined his colleagues, who
gathered outside the rambling, wood-
framed building. The time-worn Sign,
reading ‘‘Four Corners Inn,’’ creaked in
the slight afternoon breeze.

“‘Someone went inside a few minutes
ago,’’ one of the constables told Furnald.
“He acted like he was in a hurry.”’

Pratt and Furnald waited until Pinkham
and Philbrick took up stations which al-
lowed them to observe the entire building
from the outside. Then they mounted the
Steps and raised the brass knocker on the
door. They waited and then allowed the
knocker to slam down on the door. Fi-
nally, Furnald tried the knob and the door
swung open.

The lower floor was deserted and
stripped of furnishings, but the detectives
heard sounds overhead. They silently
climbed the stairs and headed for a half-
opened door down the hall. Inside, aman
was hurriedly packing a valise. Furnald
Swung open the door and a bent figure,
answering Costley’s description,
straightened and turned.

“To whom do I owe this pleasure?” he
inquired sarcastically.

“Are you James Costley?” Furnald
countered.

The immaculately attired man refused
to answer. Insolently, he lifted a fancy
vest from a drawer of the marble-topped
bureau and laid it on the bed.

Furnald contained his anger as the
man, ignoring him, returned to the bureau
and removed a flat envelope from another
drawer. He placed it inside the vest.

Furnald repeated his question. This
time the former innkeeper admitted his
identity.

“What were your relations with Julia
Hawkes?”

**That’s none of your business,’’ Cost-
ley snapped. ‘‘Now I’ve got to pack so |
can catch the night train to New York.”

Furnald called Pratt inside. ‘Don’t let
this man leave the room.”’

Furnald started searching through the
empty rooms and then he acted on what
he later defined as a hunch — remember-
ing the previous owner had been a tailor.
In the low-studded, dusty attic he found
what he had been searching for, several
long objects with curved extended necks
— tailor gooses.

On the same shelf, in unmistakably
sharp outline in the dust, was the spot
where recently another tailor’s goose had
stood. In another corner of the attic he
found additional evidence which he put to
one side. Satisfied, he locked the door,
slipped the key into his pocket, and ré-
joined Pratt. Costley watched him closely
with shrewd eyes.

‘‘I trust you found what you were seek-
ing,’’ he sneered.

“‘Much more than I expected,’’ Fur-
nald grinned.

“Then go about your business so I can
go about mine.”’

“You don’t have any. You’re under
arrest,’’ Pratt snapped.

Costley moved quickly, throwing Pratt
aside and reaching for an open drawer.
Furnald drew his gun and slammed the
butt down on the extended wrist. The
detective reached in the drawer and re-
moved Costley’s revolver. It was a Smith

and Wesson .45-caliber model, the same
type of weapon used to kill Julia Hawkes.

Within the envelope, carefully placed
inside the brocaded vest a few moments
before, Furnald found bills correspond-
ing in denominations to those which Mrs.
Hawkes had drawn out from the Union
Institute for Savings on April 3rd.

When Pinkham reminded him of this,
Costley said nothing.

Sometime later, Costley was taken to
the Plymouth County Jail. From the dis-
covery of the body, the investigation had
taken a little over 36 hours.

Boynton soon arrived in Hanover with
the tailor’s goose used to weight down the
victim. Representatives from the police
and the district attorney’s office watched
intently as the chief replaced it on the
attic shelf, noting its imperfect outline fit-
ted with microscopic exactitude into the
pattern left in the dust. Later, they com-
pared the gunny sack with other gunny
sacks found in the attic by Furnald. It
corresponded in size, texture, and
weave.

Photographer Wells Elliott and his em-
ployer, J.H. Williams, testified they had
seen the tailor’s goose inside Costley’s
valise on Friday, May 22, twenty-four
hours before he rented the horse and
buggy from Riedell. Costley had stopped
in the photographers’ studio before tak-
ing the morning train. The valise had
snapped open, revealing the curiously-
shaped iron, before the innkeeper hastily
reclosed it.

Costley pleaded not guilty when he was
brought before Justice T.J. Lord in
Plymouth Court on Wednesday after-
noon, May 27th.

The police delved deeply into the past
of this 38-year-old hail-fellow-well-met,
who came to Hanover four years before
to work for Frank Howard, proprietor of
the Howard House. He made many
friends who gave him financial support
when he took over management of the
hotel, renaming it the Four Corners Inn.
These friends bore with him when he lost
his license for liquor Violations, and when
he was subsequently accused of murder.
Folks couldn’t believe his guilt, knowing
him and liking him as they did.

Behind the bright, jovial face Costley
paraded before the world, Boynton and
his men uncovered darker facets to the
man’s character. They discovered the
prisoner had agreed to marry Julia
Hawkes even though it was common
knowledge in Hanover he was engaged to
marry a local heiress, the daughter of a
sea captain who, was worth $12,000 in
honest, hard money.

They found out that Costley, who often
wore a toupee in his role as a young rake,
had employed other young and shapely
housekeepers. One vanished under mys-
terious circumstances, while another,

(continued on next Page)
51

Sea


Sn

The Case Of The Scarlet Slipper

(continued from Page 39)

why she should be in Braintree. She was
with friends in Boston last I heard.’’ Mrs.
Smith was still uncertain when the sheet
was drawn back and the two women
Stared at the features of the dead girl.

“It’s Julia, mother,’’ the younger
woman cried,

Mrs. Smith hesitated. “She was so full
of life, and so beautiful. There’s only one
way to be sure... ”’

“And that is?”’

‘Julia had two gold crowns in her
upper left jaw.’ Boynton nodded affirma-
tively and the women broke into tears.

‘What is her full name?” the detective
asked.

“Mrs. Julia Hawkes, a young widow in
her twenties from St. John, New Bruns-
wick.”

It developed that Mrs. Hawkes was in
favorable financial circumstances, but
had come down to the States to work so
her son might get a good education. The
boy was Staying with his grandparents at
present.

Mrs. Smith said Julia had been in her
home on Tuesday, May 5, while she was
looking over Property in Wollaston
Heights. She left on the eighth to visit a
Mrs. D.A, Stedman, who lived in Cam-
bridge,

“‘She was beautiful and she had
money,”’ the chief mused. ‘Did she have
many men friends?’

‘Oh, I don’t think she was interested in
men,’’ Mrs. Smith said, appearing
shocked. ‘After all, her husband died
only a year ago and they were very much
in love.”’

Boynton skirted the subject. ‘‘Do you
know where she was before she visit-
ed you?”’

“In Hanover, Massachusetts,” came
the reply. “She was the head house-
keeper at the Four Corners Inn. She came
to see me when it closed around the first
of May.”’

Constables Pinkham and Philbrick
took the first available train to Hanover
the following day. It was a pleasant ride
and they especially admired the final
miles. They passed through thick forests
and by the occasional tiny factory, each
with a mill dam and wheel capturing
Power from the stream below the
roadbed.

They left the train, strolled unobtru-
Sively past Bates’ Feed Store and on
down to the Four Corners, They learned
that the Four Corners Inn was indeed
closed, due to liquor violations and
‘other offenses of a more sordid nature.’’
They were told that Mrs. Hawkes left the
farming hamlet on the morning train

50

Monday, May 4. The baggage master re-
membered her trunks, large russet leather
Saratogas with the initials ‘‘J.H.”’ The
trunks were checked through to Boston
and had left Hanover on the afternoon
train. ;

Hanover was the end of the railroad
branch line. The two detectives watched
their locomotive turned around as they
purchased their return tickets to Boston.
Some hours later, they were conferring
with the agent-in-charge of the baggage
room in the Old Colony Depot on Knee-
land Street in Boston.

Records there showed Julia Hawkes’
trunks were picked up on Thursday, May
14, by Daniel Lynch, a local expressman.
Lynch not being available at his Office,
the detectives continued on to the home
of Mrs. Stedman in Cambridge.

She told them Mrs. Hawkes had visited
her two weeks before and then went to
see Mrs. Randall, another friend, who
lived on Oxford Street in Boston. Mrs.
Stedman said Julia was in happy spirits,
looking forward to sharing a new home
with her son. In addition to many finan-
cial interests in New Brunswick, the of-
ficers were told Mrs. Hawkes had much
money deposited in Boston banks.

“She asked my advice about her finan-
cial affairs,’’ Mrs. Stedman explained.

.

‘‘She also gave me her bank books to hold:

for safekeeping until she got settled into
her new home.”’

The detectives examined the deposit
books, which revealed Over two thousand
dollars in local banks. One account, at the
Union Institute for Savings, had been
withdrawn on April 3. Mrs. Stedman ex-
plained that Julia had withdrawn this to
complete a down payment on a house.
When the deal fell through, Julia refused
to put the money back into the bank, say-
ing it was safer in her hands.

Philbrick wondered aloud if the victim
might still have had this money at the time
of her death. Mrs. Stedman thought it
entirely possible.

“‘What was the exact date when she
came to your home?’’ the constable
asked.

‘‘Monday, May 11th.”

“‘Mrs. Smith said she left to go to your
home on Friday, May 8th,’ Pinkham
Said.

“I don’t know about that, but I do
know she didn’t come here until the
I1th.”’

Checking at the Union Institute for

. Savings, the two constables found that

Julia Hawkes had received her with-
drawn money in the form of a hundred-
dollar bill, two 50-dollar bills, three

10-dollar bills, and the rest in smaller de-
nominations. The teller, a man named
Reed, remembered the young and attrac-
tive woman well.

News of the tragedy had apparently
preceded the detectives when they called
on Mrs. Randall. Sobbing, her eyes red
with weeping, the woman could offer lit-
tle except to Say that Julia had left her
house in a huff after a few hours, instead
of remaining several days as planned.
Mrs. Randall could recall no tailor among
the few men friends Mrs. Hawkes might
have had. The detectives now realized
her trunks had not been picked up until
two days after Julia left Mrs. Randall.

Trying to trace the victim’s activities
during the final days of her life, the detec-
tives finally caught up with an uncoopera-
tive Daniel Lynch, Lynch first denied he
had ever picked up any such trunks, Pink-
ham produced the baggage records. Still
the man would not, or could not, help.
Maybe he did Pick them up, after all, he
said, but he was unable to remember who
gave him the checks or where he had deli-
vered them,

After Spending some hours with the
stubborn man the detectives took Lynch
back to headquarters with them when
they returned for further instructions.

If ever a man deserved accolades for
persistency, Napoleon Bonaparte Fur-
nald did. After almost 36 hours of con-
tinued labor, he had visited more than 40
livery stables in and about Boston, seek-
ing to learn the origin of the metal disc and
the carriage robe. :

As he stopped by to see John Riedell of
Riedell Stables on Van Rensselaer Street,
the results he had so confidently prom-
ised Chief Constable Boynton still eluded
him. But his luck changed when the prop-
rietor immediately recognized disc no. 6.
How, he asked, had the detective ob-
tained it?

Furnald replied that the disc had been
dropped by someone who had rented a
Carriage on Saturday, May 23, to go to
Weymouth Landing. The Carriage had
probably been returned sometime on
Sunday. A check of the records revealed
that a horse and buggy had been rented at
6:30 p.m. Saturday and returned around 2
a.m. Sunday by a man who said he had to
g0 to Weymouth.

Fortunately, the carriage had not yet
been cleaned. “‘It’s just as it was when he
brought it in,” Riedell Said. ‘‘We haven't
had time to wash off the mud. Some
storm, wasn’t it?’? Furnald grunted a
reply.

Riedell pointed out the door to the car-
riage house. “‘It’s in there, just as he left
it, if you want to examine it.”’

Furnald found no robe, but as he was
about to draw away, his eye caught the
flash of scarlet behind the dark green
seat. The detective reached in and with-

(continued on next page)

TPS 8 eo.

ihe

Se ee

"MR Wetiaticn ener etc

The Case Of The Scarlet Slipper

(continued from page 51 )

‘

Mrs. Love Congden, a 24-year-old divor-
cee from Hyannis, became seriously ill
after being fired by Costley when Julia
Hawkes came upon the scene. She died
soon after and her autopsy revealed death
was caused by poison ‘‘administered by
her Own or another’s hand.’

Then Julia Hawkes followed in the
footsteps of the charming Mrs. Congden.
Police believed Mrs. Hawkes stood beé-
tween Costley and the charming young
heiress, known to posterity as Miss
Cushing.

Furnald retraced the route taken by
Costley from Hanover on the night of the
murder and found a lonely spot in Hing-
ham where a fierce struggle had taken
place. He picked up a torn fragment of
silk and lace at this spot. It proved to be
the missing segment of the dead girl’s pet-
ticoat. ;

‘Lies,’ Costley retorted, and a sym-
pathetic Hanover agreed.

Because this new evidence indicated
Julia Hawkes had been killed in Hing-
ham, located in Norfolk County, Costley
was brought from Plymouth to Dedham,
where he went on trial December 28,
1874.

To settle the question of where the man
could be tried and to dispose of future
problems along this line, Judge Charles
Devens, Justice of the Massachusetts
Supreme Court, made a ruling that the
finding of a body, with marks of injuries
sufficient to cause death, in the absence
of evidence to show the crime was com-
mitted elsewhere, would warrant the jury
in finding the offense committed in the
county where the body was found. This
has had an important bearing on Mas-
sachusetts law and has been referred to
many times.

The jury listened to the evidence for six
days and then returned a verdict of guilty
of first-degree murder.

Costley treated the findings lightly. He
wouldn’t be hung, the rumors said, be-
cause of his powerful fraternal connec-
tions.

Regardless, and with a quip on his lips,
he went to the gallows on Friday, June 25,
1875. For all his worldly charm and influ-
ence, the dapper innkeeper was done in
by a scarlet slipper, a metal token, anda
strangely shaped piece of iron.

EPILOGUE

A bit of folklore has developed from
this murder case. Those of us who grew
up in the Hanover area, like the author,
were familiar with the story of the
murderer’s grave in the Hanover Center
cemetery. It was piled high with rocks,
the story said, by indignant citizens pas-

52

sing by who wished to be sure this demon,
or spirit thereof, would never stalk their
Streets again.

In the mid-sixties, my father, Lowell
Ames Norris, who, I believe, was the first
crime writer to research the Hawkes-
Costley murder, decided to see if this
legend had any, basis in fact. ;

I quote from a letter my father wrote to
a member of the family at that time:

I probed graves yesterday after-
noon over in the old cemetery — you
know somebody told us that Costley
was buried beneath a pile of stones
which people had thrown upon his
grave as they passed by.

This is an old cemetery — dating
back to the late 1780's and there area
lot of unmarked graves — I checked
with the grave digger and the Com-
missioner of Graves — but they
hadn’t heard of the gentleman and all
records before 1926 were rescued

froma fire and stood in a store which
has vanished. They knew of no graves
heaped with stones.

They finally suggested I see Albert
Baker, eighty-three years old, who
had retired some years before, so I
went all over town to get him — I
finally rounded him up and was sure
he wasn’t the man — he looked about
forty-five years old, but he was the
man.

And he told me that in the middle of
the old part of the cemetery there was
a grave which was apparently heaped
with stones, about 10 by 10. He had
only seen it after the grass had com-
pletely covered it, but his father told
him it was that of Costley, the mur-
derer. So back I went from his house
to the cemetery again.

I followed his directions and, sure
enough, beneath a huge maple, we
found a large mound almost a foot
from the ground — the men got some
tools from the tool house, including a
probing rod anda pickaxe. When they
tried to send the rod down, it hit a
bunch of rocks under the sod — and
we uncovered some.

So I guess we have found the grave
— it was true as we had heard. *

A Noose Is No Way
To Show Brotherly Love

(continued from page 31 )

going on. But everything was quiet after
that. | decided Naomi must have knocked
something over while going to bed. |
drifted back to sleep.’’

‘What time was this?”’ Scheuering
asked.

“It was 2:45,”

“Now tell us about that padlock on the
door,’’ Lieutenant Harris said. ‘‘Did
Naomi herself have it put on?”

“Yes, about a year ago,”’ the landlady
replied. ‘‘Sneak thieves broke into her
room one evening while she was out and
stole quite a bit of money. So she bought
that heavy padlock and always locked it
when she went out.”’

““How many keys were there to the
padlock?”’

“Only two, as far as I know. She had
one and her husband had the other.”’

‘‘And what did she do with the padlock
while she was in the room?”’ Scheuering
asked.

“She always left it hanging, locked, on
the ‘staple outside,’’ the landlady said.
“Then she bolted the door from the in-
side.”’

“Then whoever killed her must have
had a key,”’ Scheuering deduced. ‘Upon

leaving the room, he must have unlocked
the padlock, hooked the padlock back
into the staple and snapped it shut again.”’

‘Her brother told us that her husband
was at sea, on a run to Cuba. Is that
correct?’ Harris asked.

The landlady nodded. ‘‘He’s in
Havana now. Naomi showed me a wire
she got from him yesterday saying he’d
just arrived. He always wired her when
he reached port, so she’d know he was
safe.”’

“Well, her own key to the padlock was
in her handbag,”’ Harris said. ‘‘So if her
husband is in Havana, there must be a
third key to that lock. Did Naomi have
any close friends — perhaps a woman
friend, for whom she might have had a
key made?’’

‘Well, she had a girlfriend named
Dolly, who works at the Marine Bar just
down the street. She used to come and
see Naomi nearly every day.”’

The landlady said that Dolly lived in a
rooming house next door to the bar, and
Scheuering sent a detective to locate her.

(continued on next page)

PC.

T.PA

' DANESSE, William, SMITH, William, and WALL, Rachel ¢ ec
oe? 8, 1789 -William Danesse, William Smith and Rache .
Wall hung on Boston (Masse) Common for highway robbery.
POLICE RECORDS AND RECOLLECTIONS by Edward EH, Savape. am
printed Montclair, N. J.+ Patterson Smith, 171, page 20
For additional note on Wall, see "...HANG BY THE NECK...

by Teeters, page 305, / f
"Boston: Thursday were exeéuted William

Dennison, William Smith and Rachel yea SF
pursuant to their sentence for nigh

TTE, Boston
robbery." EXKESKXYXKKXX GAZETTE, ’

‘ 7. a) 10-12-1789 (Hearn, )

~

WHALL, Rachell | |

"During the “ancock administration (1780-1793) Rachell
hall was hung, on the Common, for highway robbery, She
had grabbed a bonnet, worth seventy-five cents, from

another woman and run away." BOSTON COMMON, by Barber,
Page Ree

"Boston: On Thursday last, agreeable to...sen-
tence, ..Rachel Wall, for Stealing from Perez
Norton, Esq., received 15 stripes and is to be

Sold for three years," GAZETTE, Boston, Massa,.,
Sept. 19, 1785. Sent by Hearn


BOSTON SUNDAY GLOBE

JUNE 13, 1982 Ddd.g

ustice sought 176 years after 2 men hanged

iSH

nued from Page 27

storians, tor more than a cen-
point to the later deathbed
ssion of another, man, to ar-
hat Daley and Halligan were
gly executed.

y well-known here

) grow up Irish and Catholic
is to have heard the story of
y and Halligan. A granite
:d outside Northampton State
ital memorializes the two,
were prosecuted by lawyers
had five months to prepare
case and defended by attor-
who had two days. A mural
hung for many years in the
stairs chapel of St. Mary's
ch depicted the first Mass. In
a Northampton float showing
ondemned men kneeling at
leric’s feet won a prize in Ho-
‘s St. Patrick’s Day parade.
4rlon ~ who wore a green
| fictiflsntanen.

ecent intervie yn to seek

}) the first ree he calls an

5 | never
Aichael Ryae. | i
jampton lawyer
ave the 1974 float. 7
arion has the supp

. Musal

“T was kind of

t of May-

a nd Rep. na tor,
qa ro

On Nov. 10, 1806 the body of

Marcus Lyon, a 23-year-old farmer
returning to his Woodstock, Conn.,
home after a year in upstate New
York, was found in the Chicopee
River at Wilbraham near the road
from Boston to New York. He had
been shot and beaten, then
dragged through the brush and
‘dumped into the river with a
weight tied to his head. The body
was recovered by local residents
who had organized a search the
day after a farmer found Lyon's
horse in his pasture, saddled but
riderless.

Posse makes arrest

Shortly afterward, a Northamp-
ton posse caught up with two men
who were seen walking near the
scene of the crime the afternoon of
Nov. 9. On Nov. 12, Halligan and
Daley were arrested in an inn near
Rye, N.Y. They had walked from
Boston and were waitin gfannuecu Vv
debt and Halligan. = hae

cousin.

moment they were ar-

died, Daley
their inno-
ee and tried in

t of the extensive

of the day.

nquest to
a special
d_at;,
es Sullivan,

trial, was | Le LLOOKES » AH

ov. Edward

G
* about signing

it would f
ia favoring
ge got better =

ng to Kocot.
{ legal counsé},
as much

lier t

ecall

ecordi

t the 19th
on abou
m becoming ¥

we
and get

+ bee

gs to do’
the gover-
ina meeting

his month.
the ¢x-

Curran, assts-

t protecting ase? sa boy.

ytims of

r
ted Halligan
gan illeg

ley.
jage.
: ‘On April 2
Daley pleaded in
charges against the
hey
yers and tt
24.
interest i
' .
ae to an 1&6

ampshire
enessed t

1e tnal was se

pn trial

ca such interest tha

an hour before finding Daley and
Halligan guilty. :

As the two awaited. execution
they wrote to Rev. Cheverus in Bos-
ton, asking him to spare them “‘the
necessity of listening, just before
we die, to the voice of one who is
not a Catholic.”

In his sermon the morning of
the hanging, Fr. Cheverus 2dmon-
ished the women in the audience.

and Da-
al mar-

ec
were cach assign’ April

y fetter

Gazet te
he pro
the trial generat:

at It was MOV
she meeting

“Your eyes are full of murder,” he
said. ‘"You have forgotten your sex:
you have dishonored it."’ It is said

yno women subsequently attended

the execution.
Reports of the later deathbed

confession surfaced in the 1830s.
‘Most accounts refer to an anony-

mous, native-born man as the ad-
mitted killer, but District Court
Judge Luke Ryan, a former mayer
of Northampton who researched

the case 50 years ago, recalls read-
ing the murderer was the uncle of
Laertes Fuller, the boy whose testi-
mony was the heart of the state’s
case.

Throughout the 19th century
letters to the Hampshire Gazette in-
dicated a continuing debate about
the guilt or innocence of the two
Irishmen. As late as 1974, when
the Gazette reported on the prize-
winning St. Patrick’s Day float, a

Florida woman who said she was
descended from Marcus Lyon wrote. ;
the paper that she was offended.

Whether Carlon’s campaign ab- ««
solves Halligan and Daley, their.
names are not likely to be forgotten
here. Says William O'Riordan, who
was cochairman of the 1974 pa- |
rade committee: “My daughter 13...
3%, and she'll know what the rocg ,.,
on the hill stands for.”


fed

arlon has the support of nt
~ “On Friday the House
solution filed by Nagle U"ing

vernor to grant a pardon.
ently, says Peter Kocot, Na-
legislative aide, Gov. Edward
ing “is hesitan' about signing
kind of pardon because he
it would reflect badly on his
id favoring capital punish-
te

te got better things to do’

trording to Kocot, the gover-
z:chief legal counsel, William
gas, said as much in a meeting
he subject earlier this month.
qgas does not recall the ex-
pe Says Dennis Curran, assis-

‘al counsel to the governor:

“we got better things to do. It's

Jwe put the 19th century to

and get on about protecting

iving from becoming victims of
at crime.”

t in Northampton, a city of
30,000 where Irish-Americans are
now a major force in politics and
business, people are not ready to
forget. Carlon wants Halligan and

Daley-exonerated, much as former _

governor Michael Dukakis in 1977
clearéd the names of Nicolas Sacco
and “Bartolomeo Vanzetti, Italian
immigrants electrocuted in 1927
for the Braintree murders of a shoe

company paymaster and a guard. |

“Edon't want to make this a po-
litica) football. It's a moral issue. I
can’t understand why there was
never anything done about this,"
says Carlon, who, like Mayor Mu-
sante, supports the governor's po-
sition on capital punishment. ‘No
system is perfect. If they do make a
niistake, they should be honest
enough tc. rectify it.”

Today the local St. Patrick's
Assn. plans a commemorative cere-
mony at the monument on Hospi-
tal Hill. Carlon will lay a wreath on
tae stone, which he says was erect-

_ ed in 1878 by the Friendly Sons of

St. Patrick. and Kocot will read the
House resolution.

The rock, flanked by two tall
p‘nes and distinguished only by
the date ‘1878 chiseled on its
face, sits on a knoll near the hospi-
tal entrance. The rise and the roll-
img expanse of lawn surrounding it
are neatly trimmed, but the mark-
er is met by an unkempt circle of
weeds.

It’s not far from this spot that
Daley and Halligan were executed.
Their story emerges from a reading
of the trial record and other con-
temporary accounts, as well as
subsequent histories by such peo-
ple as Richard Garvey, editor of the
Springfield Daily News and an ex-
pert 6n local history, and the late
Supefior Court Judge Robert Sulll-
van.

‘The state's case, from inquesg to

_trial, was handled by a special

prosecutor, John Hooker, and at-
torney general James Sullivan,
who was elected governor in 1807.
Sullivan, himself the son of Irish
immigrants, was said to be vehe-
mently anti-Catholic to deflect sus-
Ppicion of his own background. In
1801 he unsuccessfully tried Fr.
Jean Lefebvre de Cheverus, the
priest who visited Halligan and Da-
ley, for performing an illegal mar-
riage.

On April 22, 1806 Halligan and
Daley pleaded innocent to the
charges against them. At that time |
they were each assigned two law-
yers and the trial was set for April
24.

Heavy interest in trial

According to an 1869 letter
written to the Hampshire Gazette
by a man who witnessed the pro-
ceedings as a boy, the trial generat-
ed such interest that it was moved
from the court to the meeting
house. “‘The galleries were propped
up with extra timbers for the occa-
sion," he wrote. ‘Perhaps this pre-

caution was especially used from
the fact that in a previous house of
worship, during the ministry of the

Rev. Jonathan Edwards, the galler- |

ies did fall during divine service.”

At the one-day trial the state re-
lied on the testimony of Laertes
Fuller, a 13-year-old boy who testi-
fied he had seen Daley and another
man leading a horse that looked
like the one later found in the pas:
ture. Fuller had also picked Daley
from a crowd where the accused
were the only men in handcuffs.

Other witnesses said they had
seen Lyon, the horse, or Halligan
and Daley in the area. The prosecu-
tion pointed out that the two
walked the 80 miles from Boston to
Wilbraham in five days.

Jabez Upham, one of Halligan’s
defense attorneys, unsuccessfully

asked the court to allow him to in- Pig

troduce evidence showing the scene
of the murder was a high crime
area where people had been victim-
ized long before Halligan and Daley
set out from Boston. ‘‘Trunks have
been cut from the stages as they
were passing,” he said. ‘‘The driv-
ers always feel apprehensive of
danger when they are near.”’

As a result the entire defense
consisted of a speech to the jury by
Francis Blake, Halligan's other
lawyer. Blake attempted to discred-
it Fuller and other witnesses. He
warned the jury against the popu-
lar feeling “that the name of an
Irishman {s, among us, but another
name for a robber and an assassin:
... that when a crime of unexam-
pled atrocity is perpetuated among

us, we look around for an Irish- |

man.”
The jury deliberated less than


ALE - t -\ € E , Dp 5
4 i } a > J nN
. ] he L ad 3 vu 3 ae 1] v 9 N n Mi S
? 5 | s sd

16 THE BOSTON GLOBE MONDAY, MARCH 19, 1984

“ HOLYOKE — Gov. Michael Du-
kakis of Massachusetts cleared the

; Lyon was’ killed in’ Wilbraham.
The two Irishmen -were in that ~~ 2 -| names: of two Irishmen. executed
_ town the day of Lyon's dea “td 178 years ago as thousands ofirish |
Dukakis said, evidence mitre Bn Americans and others celebrated =
“them to the slaying was “flimsy g.., | St. Patrick’s Day with 8 parade |
An uncle pth prosecution sites _ family reunions here yester-
confessed to the murder te ge OR 12h ER
deathbed years after the alanis Mest | The 33d annual Holyoke pa- 4
Dukakis said. ofan yt aig rion gest cles, “aie? rade, billed by its organizers as the... eg
ooThe parade was a campaign” = second largest St. Patrick's Day par
stop for politicians +h paign’°~ | radeon the East Coast outside New ,
ceed US Sen. Paul Tehgus of Low oe. ‘| York City, was viewed by an‘estie. 2. |
: ell (D-Mass.). The marchin = . mated £25,000 revelers on side |
dates‘ inehidéd: Democrats David ‘ ie walks and from barrooms, down-  - >
‘Bartley of ‘Holyoke,.US Rep. Ed-. > ;} ; |) town offices and tenement porches», | te
ward Markey of Malden and Lt---:- }  |ealong its nearly three-mile: route. 5"
Gov.sohnKerry.and Republicans’ i ‘uate bands and 46 floats’ enter: | i
_Elliot. Richardson:of Boston.and . r tained the viewers, but later inthe . 4 |.

|: Ray Shamie of Walpole: .y <2... afternoon gray skies opened up toa AS
se ey pe Edward Boland {D--. | steady drizzle as the temperature. eo ay
“Mass) was the parnde® reapient | "punta, att al, dear"
_Award. A ee ot igang 4 yesterday as “James Halligan and cise
. Springfield, Boland has been ne “ : Dominic Daley Memorial Day,
' Congress since 1953. : , - handing the proclamation to John.
die ER Sas So a  Carlon, 74, of Northampton, Are —
Gore ied. _ tired fireman, Carlon has spent .
iii : “three years telling politicians the =. |
Irishmen were wrongly accused of == |
murder and executed in 1806. : {
“The historical record shows eA
‘that religious prejudice and ethnic =
intolerance played a significant ;
role in their arrest and trial, which =: |
resulted in the denial of their rights Si}
of due process and a miscarriage of at |
justice,” Dukakis said. The procla- i
mation concluded: “..- that ‘any i
stigma and disgrace associated © *}'!
‘with their names as a result of fh
their conviction for the murder of | |
Marcus Lyon is hereby removed.” $e!


pristebaridie Ye

pan

Penalty for Lake Quinsiga ond Child
‘Goes to. Chair. Calmly. After!
¢—Chaplain Sedar Attends.

Condemned “Efforts to Gain: Clem:
*ency Denied by ‘Governor Fuller — Con-
“victed of Being an Accessory to First De-

‘gree Murder Shasta
ck, 25-year-old Dor-
43 the first man_to be senteneed to death
since 1830, died ip
n cathy this mors:
imate daughter

gente BOSTON, July 17 €AP)—Nathan Desatni
chester fruit peddler. an
jin this state as 8n accessory before A mURCET
the electric chairiet the Chaglestown state priso
ing for the killing of his four-months old illegi

PAS LOHAL Ung nied ‘
Calm after @ collapse earlier th the |
night when Warden William Jy Hendry |
tid him there was no nope, Desatnick
epting in Hebrew
LL. Sedar portions

| : oa gh hee : Lae = of the tw

M, ‘ son, ptInte thy,

it’ ne praye
fied. In Gefetence to thi
chaplain the witnesses all wore their
~ hats. ‘ fa
<= Desatnick left tour jetters; three to
relatives “and A fourth addressed tO

Pejewlah young men and women.” In
Sear. fore poisogal interview 20 that
his use. Tor “ial

FO ed

eae

*cahe dntter he, blamed. G99 af 2
pore for ‘his troubies. “ , % * nee - h es
4 “fs ee ic } : : f ne wight plesd-f
i “ however,

oe

8
beniry-

Lacugis he ovte
eects 4

Balkan” who Wes | ;
tng nouse in N Th %, ' ra ; ise q ‘
r P . p ‘ ‘ a Her Ci
H ' PRR Mei te Pat rar was

i body was found in
L) near Shrewsdury, last
Sqras unadie to nroduce Balkan, wh } As be stock bis seat be wee
enteot|

40 rt cemenc wap enh
pick’s youn \appe ed before DIM),
k carrying . 13) her arms het
Hild, a four months old baby-
a delegation of seven Jewish
al worker who had at.
snick found the go%5
: ) pelief thaty a ‘ :
so a ginal eh 24 down 8 |i Ss ogee iy eee a tances .
rs g : 1 waany
final Diea from man for, ; | i A aah tae Aoi. treatcon tt mea ity i ype one
an anterview. 0% ; ee iy es. yg oS Hana claimed "hes haa °
: J 7 ‘ : s ; jth the are of 6 frien:
: : yest ; piyas, woable” to produce
é ! pwite. mother: ot a neces: child bon
{ since. their tasrringe,. mages personel :

before the current was
“gate thy bauds ¥ ¢

é { i et,
‘plex tg. Gor: Fuller for. ples

Nathan Desatnic 24,
Dorchester, Rhee en i ‘
acharge of 4 ; My pee ; iy weer
: ° A ia
old ~ daughter, : : ! aha i 7 aot ! ‘ }. “The fetter of th:
throwing gts ‘posTar, tDeaatnioe Heft behind end whicd
nd oO j 1 ie} bob. ‘ » peace) ate. public wag ecatesscd to tie }
ear 7s PEE he pur “to “in. ther . Jewah “Young ‘Men aud Women.”
heey R 5 5 lestows earty t } In it Se warned thea: to eteid “mis-*
i ae j A ; st thes" and“eaid dn port, “AS this “par
: ‘bY i &
5

case.
* Jackson, 80.
worker, visited ; 3 pea te ii
hed a) Si
oe | cas. l Beat oe | (GOe- PES te I ae om, way Pare, fs
which hed been kept ( } Fait f 7 Be | Hiese Ot traubte I hats been ashemes
i a if , i pst my Wiegttimate ehiid thst 7 dido’s
: rg ‘ oP) Vu ning. } Twant to take home ang Thad it boara-
‘ ack setused Sa act | eecous Bt & str ho: * {
ny Ot seco Jowiah | J} ‘The shame ¢s 1
|
op the excent
Rabbis Faevtd
; Here “ieee
Rax ;
Barcus. PoKvsr my child to
od Paitip tb) Ebene planed and paring
Jets case is ter, te noes
make iivtie Stl apace pen ges
st. t

Pollowing
P tal, where
‘Faentineda the boty

lice. hurri

a.

Wier <posaie of the peighbors
. degli 2 * and
savermorss st Hllasne that gore wath 1
{Conrinaed Be wace Fifteen)

repentant sae SEE OD te ‘
- ss nidtinehdi oan oe ee

Fe bh aaa:

Desatnick w:
accessory to firat degr
y  Btter, the supreme Ju ¥ ors ; dnt the d;  polt
(“pela the verdict he w t coal a ace sa aah Br i vunct weiss the
Charles H. Donghus to deetn AS a : ; . pinion : which had: been Ripe ce the xt
during’ the week b+ | Biigieus 3 a a f 3 wetiy tini lle 0 Boss any th was
i gern ch : mG ene . Y ‘ Ceting peat the wee
| : 2 Bee a wma deat, Fara ow
ae Sisk way ks witat set ginc @ trip to aed hoe. |
- where Mrs,’ Jar™ (i, eritasely
0 the pe the inians

tots:

'y
ginning 5
It marked th
that the dest
) $m Worcester county. ; + re
Filan which’ Dist. Atty. ges a os >} Ae Vieni ‘
“2 found tt his duty: pebe: Rt at i Say ‘ Pk he SR ee hein
on of the death valty. Q ee sy Ge aon - a ai. Deantnick sala th ne -nasded the;
Atter promouncing ntence, Juaze sak ie. E “ j eee alive to & med named Balkin
ue granted the request of Atty} ; prot comin fa
1 ‘RB. ‘Stobbs_ of defenses countel. + . 3
end granted four months’ stay of ne | :
gteg ence until counsel had arople Bint tO: | ‘ Eat
ABE % down ell evidence I= the case”, ‘ A’ ; j Actessory to Marde
j ” fom . 2 . . ¢ . eee vs Marder
Be eat oe a enc inee | : Sage ries
& ry her, as fo! owed. hy « so : se a atte to frat degree iurder, and
gin the executive cba ae : aut ae : Hj |atter the Gupeeme Judicial cours Up-
rerirwing aya my ae ee : : . : Y pick ance Dir Yadge Chat cece ieatens son 4
; ; $ : mon ty ont
rhere wish: ; a hs : : ; Bean iy ta Pi week be
, . i ‘ : Ht marked ine “peg — ‘
4 ; c ; ‘ {thet the gerth se) i ag beset

{th whiety Dist i
found sto nis dusy, 30
| ton, of the death pensity
| snes shone iyi Relitente,
Dans Kisntest 02 vest Of Atex j
re  euuneet,—
he” wtay Of sens)
r eines r
ig SOW Bl evidence: th oA apna 2
oe an money fot meres, eddrewed
te aot toler ie Oy &. bee
oe ne Rperntive chats betes na
Pi BN,

Chine


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PAGE g

a A ¢ ae wv 4h
DESCALAKIS, Paul, white, elec. MA® (Suffolk) July 14,

T was the day after
Christmas.

Down on Boston
Common, the huge
municipal Christ-
mas tree, the Peace
Tree of 1919, © still
blazed forth its message
of hope and cheer to
Passers-by on the Tre-
mont Street Mall; the
windows in the depart-
ment stores on Wash-
ington Street and in
the shops on Boylston
Street were still filled
with Yuletide sugges-
tions but in Boston’s
South End, tangible evi-
dences in side streets
and alleys indicated that
the brief holiday season
was already at an end,

Although not yet day-
break, a man was melt-
ing butter over a
brisk coal fire in the
combination kitchen.
living room of a lodg-

the door leading to the hall,

up with an egg beater.

pan.

Again the man looked

relaxed and he busied himself about the stove, .

1923
SS sis nieveiraree toe alia assarisa
|
How We Sotven B
o
%. .?
By MICHAEL J. CROWLEY
Superintendent of Police, Boston
As told to LOWELL AMES NorRRIS
of the Boston Sunday Herald
: In tl
door opened. Another
man, evidently a for- ° ,
eigner, stood framed disco:
against the dimly lighted d
hallway. ei
“Good morning, Paul,” we
he said.
The man at the stove atroc
raised his head from the
appetizing pan of
scrambled eggs which “Cite
was almost done, while shenathtr
a pleasant aroma arose paanicas
from the steaming coffee iid, the
pot. gc The cou
Good morning,” he look up
answered. “How are “It is
you, Joe? Arseneat
Fine,” the newcomer “Gone
replied, “but where is mean?”
our landlady this morn- “Just
ing?” lied.
The man named Paul Preston
shrugged his shoulders goodbye
and carelessly indicated “Whe
the woman upon the you?”
lounge. “Pm |
“Asleep,” he said, It wa
“still asleep.” There was Paul w:
the trace of a sneer in hind hir
the voice. “She hasn’t sought t
‘gotten over her to loose
THE KEY een THE hiés neck
' This is the p ator of Boston’s seeking
“perfect crime’’—the atrocity that his thro:
wasnt even mae, ppc! +P wi
cunning er car
: covered his tracks and fled a Sebel
ing-house at 517 Columbus Avenue, The flickering flame Paul
of a protruding gas jet cast grotesque shadows upon the ° * That
man so busily engaged, as well -as upon a ‘woman who She’s n
lay, face turned from the light, on a couch between serted n
the stove and a player piano that was pushed back from. -
Bah a _. Christmas  cele- .
Presently the butter sizzled in the pan and with a . brating yet.” Spring
lithe, noiseless movement, the man turned to a table, The lodger made Boston.
broke several eggs into a mixing bowl and stirred them no comment, He Clean-uy
ate in silence not hand.
He. glanced at the kitchen clock ticking steadily from wishing to disturb Mrs. The ;
its point of vantage on a shelf, returned to the table for - Alice Arseneault, .Drain- \ 517 Colt
the mixing bowl and poured the golden liquid into the ing his second cup of Ae had cha
coffee, he nodded to Paul, Sy \ ship sev
at the clock and then toward picked up his hat, and closed since th
the door. It was evident he was expecting somebody. ‘the door after him. ful Mr
A knock sounded; the man grew tense, then, his muscles Later that same day, an agi- neault |
' ' tated Paul met this same lodger awey.
“Come in,” he said, apparently not looking up, The in.one of the dimly-lighted halls,’ Pen


©

CAPITAL PUNISHMENT DATA SHEET

Mass

STATE INVENTORY #

OFFENDER: SOURCE OF DOCUMENTATION
NAME : Rachel Whall (TITLE, DATE AND PAGE#)
RACE: ieee Peas en eT gs5 tr Lens
SEX:

OFFENSE:

DATE EXECUTED:

COUNTY: Boston

AGE:

Highway Robberty

VICTIM:

NAME:

RACE:

SEX:
GE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF THE
WEEK EXECUTED:

OFFENDER
RESIDENCY:

MEDIA ACCOUNT twitching from the hand of another female, a bonnet
OF CRIME: worth perhaps 75¢ and running off with it.
Crime ogcurred when John Hancock was Governor


ED

RRIS

ed. Another
antly a for-
ood framed
dimly lighted

orning, Paul,”

at the stove
ead from the
ng pan of
eggs which
done, while
aroma arose
‘aming coffee

orning,” he
“How are

e€ newcomer
t where is
' this morn-

named Paul
s shoulders
y indicated
upon the

he said,
There was
a sneer in
“She hasn’t
over her

ARSE

Bostoys |

J tind } wus “2 GEE Gia 8d Bet os EA ok yi

In the half dusk of a gloomy basément, wo workmen
discovered the body of a beautiful woman — concealed
under a pile of ashes! - WHO ‘was she ? _ WHY, this

‘ ‘ ‘ j ‘ ba & yi eit vadleg © lig 1
atrocious murder? WHERE were the guilty?

“Come down into the kitchen,” he said, “I have
something of great importance, to tell you.”

Somewhat bewildered, the lodger, followed him -
into the kitchen where he had eaten his breakfast.
The couch was empty. Paul nated the inquiring
look upon the man’s face...‘ ; :

“It is of her, I wish to speak,” he said. “Mrs.
Arseneault has gone!” ‘

“Gone!” exclaimed the lodger. “What do you
mean?” he

“Just what I say! She has gone away,” Paul
replied. “I went down with her to the South
Station at ten o'clock this morning. She, kissed me
goodbye and she climbed up on the train.” faa

“Where: was the train headed? Didn’t she tell:
your”

“I’m not sure but I think she said Springfield.”
It was becoming evident to the lodger that
Paul was not the same man-he had left be-
hind him in the morning. His hands constantly
sought the rim of his shirt collar as though
to loosen the linen band which encircled
his neck. He swallowed often as though. —
seeking to dislodge a lump which filled '
his throat,’ ae ace
“IT wouldn’t get so excited: about it’ if
I were you,” the lodger observed. “She'll

be back before you know it.”
Paul caught at the lodger’s arms.
“That’s the trouble,” he cried.
“She’s never coming back. She’s de-
serted me for another man.”

* Re.

Spring had come again to
Boston. Another Paint-up.and
Clean-up Campaign was at
hand.

The lodging-house at
517 Columbus Avenue
had changed owner-
ship several times
since the beauti-
ful Mrs. Arse-
neault had gone :
away. : : MET SHOCKING FATE! : :

Manuel Gaval- This is pretty Alice Arseneault, victim of the perfect crime. On Christmas Night, 1919, she was

las playitig dominoes with friends, who said she was in a gay mood. Several hours later she vanished
aii a ' as completely as if she had been whisked off to another planet

17


18 The Master

present owner. He had purchased the house from a Mrs.
Theresa Saulnier in February and was now busy having the
cellar cleaned out. Stephen F. Melia and Gerald Finn had
been working there since early morning, It was late in the
afternoon before Melia and Finn commenced their final
task—the removal of the remaining pile of ashes that filled
a large coal bin.

Already Finn had taken several basket loads away and
dumped them in the back yard. Melia was hard at work
filling the fourth load when his shovel struck a soft but
unyielding surface.

“We've struck something,” he remarked, shoveling rap-
idly. “Looks like an old mattress.”

Together the two men lifted the mattress out of the

‘bin and carried it into the back yard.

“Guess it’s pretty well mildewed,” one of the men said
wiping the sweat from his head.

“Maybe that’s the odor the Greek in the store has been
kicking about,” the other answered, pushing open the cel-
lar door and returning to the bin. :

There wh the half dusk a horrible sight awaited them.

A human arm protruded from the pile of ashes that had
tumbled down over the hole left by the removal of the
mattress. It was badly decompased—hideous to behold.

Detective

Finn’s face went white as he Staggered back in terror.

“Mother of God!” he screamed and ran out of the
cellar to the nearest telephone.

A few moments later, a police car drew up before the
South End’ lodging-house. Inspector James A. Dennessy
and I hurried into the cellar. There we found Medical

Examiner Timothy A. Leary bending over the remains:

of what had once been a very beautiful woman. Medical
Examiner Leary looked up as we came in.

“She must have made a terrific fight for life before
she was finally killed,” he observed. ‘Besides this deep
gash in the neck, there are four secondary wounds.”

PORE mystery was added by the fact that the woman

was clad only in a grey woolen bathrobe and night-
gown, together with undervest and black stockings tied
just below the knee. On one foot, the right as I remember
it, a red felt bed slipper still clung. The third finger of the
left hand was encircled by a gold wedding band.

Who was this woman whose beauty was still evident,
although conditions showed she must have lain under these
ashes for a considerable period of time? Where had she
come from?

Inspector Dennessy vanished up the stairs leading into

‘ the lodging-house and in a few min-

SERRE - y,

The boarding house that Alice Arseneault conducted at 517 Columbus Avenue,
in Boston’s South End. It was in this building that she was last seen. Did
she leave the building—or was she murdered on the premises?

utes he returned with a white-faced
man who was obviously very nervous.

Inspector Dennessy pushed him
toward us. “This is Manuel Gavallas,”’
he said. “His wife and himself run

ar,

Sk tea

ee nw

this lodg
“Fine
vestigat!
want to +
“T kn
for furt!


back in terror.
in out of the

up before the
s A. Dennessy
found Medical
r the remains:
man. Medical

or life before
ides this deep
yvounds.”

at the woman
be and night-
stockings tied
as I remember
d finger of the
and.

still evident,
in under these
Vhere had she

s leading into
n a few min-
a white-faced
very nervous.
pushed him
uel Gavallas,”
{ himself run

>

How We

this lodging-house. Let's see what they have to say about it.

“Fine,” said Captain John E. Driscoll, who had the in-
vestigation in charge for Station 5. “He is just the man we
want to see.” :

“I know,” said Inspector Dennessy. “He will be held
for further questioning at police headquarters.”

The man_ began to

“tremble and shake.

“Oh, Meesters
men,” he began. “Meesters

4 Policemen I know nothing
+ ‘about this, honest 1 don’t.
I am innocent. Oh, what a
fix, what a fix for a poor
mans like myself to be in.”

“You live. here?”
I asked.

“No; nd,7) othe
man replied shak-
ing his head vehem-
ently. “I no live

here, Meesters
Policemens, I no
live here.”

“What is this?”
| said turning to
Inspector Den-
nessy. “I thought
you said he was
the landlord. I
thought. you said
he - owned _ this
house.”

“Yes; yes,” the
man said in brok-
en English. “I
own this house.”

“Then »where do you
live?”

“Four - forty - seven
Shawmut Avenue,” he re-
plied. “I own two houses,”
“When did you buy

The murderer of Alice
Arseneault appears on
the opposite page,
shackled to. Inspector
James A. Dennessy,
shown on this page.
The two are on their
way to court, the killer
to go on trial for his
life

Solved Boston’s Infamous Arseneault

Police-:

Case 19

Three poses of the killer, known as ‘‘the man of many faces”

this one?” I continued, thinking I might corner him.

“I buy heem in February,” he said. “The twelfth or the
fourteenth of February.”

In broken English rendered much less intelligible by his
obvious excitement, the man explained that he had
bought the good will and furniture of the lodging-house
in February from a Theresa Saulnier for $1,150 cash.
There were fourteen lodgers in the house at the time, five
of whom remained.

“Come here,” I said, nodding to Inspector Dennessy,
who shoved him forward. “Come here and take a good
look at this woman.”

The man shuddered and crosséd himself.

“(OME here and take a look at this woman, and see if
you have ever seen her before!”

“No, no,” he said. “I never see her before.”

“And didn’t you see this body when you took charge
of the house?” I repeated.

“Oh, no, it must have been covered. The ashes was
where the body was, and over the ashes the coal.”

“Who was this woman?” I asked a few minutes later
of the frightened group of lodgers in an upper hall.

“Perhaps it is Alice Arseneault,” one of the lodgers
replied. “She was the landlady here and she disappeared
the day after Christmas.”

“Did you buy this house from Alice Arseneault?” |
asked, turning to the trembling Gavallas.

“No,” he protested. “I buy this house as I tell you once
before from Theresa Saulnier.”

According to several of the lodgers, Mrs. Arseneault had
taken over the boarding-house early in September and
Paul Pappas had come to live there. Many thought the
two were man and wife because they were so constantly
seen in each other’s company.

Several of the lodgers told us that Mrs. Arseneault
had been home all day Christmas and additional infor-
mation was furnished by a Mrs. Lena Kokas who knew her
very intimately. :

“Alice was a fine girl,” she said, “and we had many
good times together. On Christmas we played dominoes
until ten o’clock. After that I never saw her again.”

Further questioning revealed the fact that one of the
last. persons who had seen the woman was a_ lodger
by the name of Joseph Sifakis.

He was no longer rooming there we were told. He
had moved out some time in January. I glanced at
Inspector Dennessy who nodded in a significant fashion,
and I knew the search for Joe Sifakis would be im-
mediately organized. (Continued on page 72)

rapa ,


The Master Detective

How We Solved Boston’s Infamous Arseneault Case

“Where is Paul Pappasr” I asked.
“Ts he around?”

Nobody knew the whereabouts of
Paul Pappas.

Additional information concerning
the life of Alice Arseneault was told
us by Adelard Arseneault, the husband
of the dead woman, then living at 61
High Street, Springfield. The husband
told us that he had married this beau-
tiful girl in New Brunswick a few years
ago. They had come to Lynn the year
previous to the World War. The two
quarreled and could not seem to get
along, so Alice left her husband and
went to Boston. Around Christmas
time he told us. he had called at 517
Columbus Avenue to see her. A man
in shirt sleeves opened the _ door.
Arseneault asked for his wife and was
told she had moved out a week pre-
vious. He inquired where she had gone
but the man said he didn’t know.

“Would you recognize this man if
you should see him again?” Inspector
Dennessy asked.

“Tl think I would,’ the husband
replied. ;

“Is this the man?” he questioned,
showing him a snapshot of Paul Pap-
pas. The man hesitated.

“Why, yes,” he said slowly. “I
think so. He looks very much like
that man in the picture.”

IF all the stories were to be given

credence, Joe Sifakis was the last
lodger excepting Paul Pappas to have
seen Mrs. Arseneault. After many
hours searching, Inspector James A.
Dennessy succeeded in locating the
former lodger in Barre, Massachu-
setts.

Meanwhile the search for the
missing Paul Pappas continued.

When the Inspector, who had now
been definitely assigned to the case,
questioned Sifakis, he stated that he
had had supper with Mrs, Arseneault
on Christmas Eve. During the eve-
ning he went shopping and bought
gifts for his landlady and Paul
Pappas. Mrs. Arseneault was away
all Christmas Eve, but came home
for 4 o'clock dinner on Christmas
Day with Paul and himself. It was
evident that she had been on a very
gay party and the effects had not
entirely worn off.

Joe went to a show and got home
about 10 o'clock, played -some
records on the player piano in Mrs.
Arseneault’s kitchen and then started
for his room when he met Mrs.
Arseneault just outside the room of
another lodger, and she asked if he
had been playing the piano.

“Did you notice anything wrong
with either Paul or Mrs. Arse-
neault ?”

“No, I can’t say | did,” answered
Joe. “Although that afternoon Mrs.
Arseneault showed me a pearl neck-
lace, and said that Arthur Pelletier,
a sweetheart of hers, had given it to
her. I remember Paul seemed ner-
vous. Perhaps he was jealous.

“The morning after Christmas I

(Continued from page 19)

went downstairs to get my breakfast.
Paul was in the kitchen and Mrs.
Arseneault was on the couch with her
face turned toward the closet. There
was a quilt over her up as far as her
shoulders. She didn’t move or say any-
thing. I asked why it was he got
breakfast, and he said that the missus
didn’t want to get up.

“Twice before this the same thing
had happened when Mrs. Arseneault
had been ill and so I thought nothing
of it this time. Paul was not excited
and seemed to be the same as usual
when I closed the door of the kitchen
and left the house.

“At six o'clock I returned. Paul
opened the door and asked me to go to
his room. When | did so he told me
Mrs. Arseneault had gone; that he had
gone to the South Station with her
and had kissed her goodbye. I asked
him what track the train went on and
he said he didn’t notice. He asked me
what he could do about selling the
house. | told him he could do nothing
unless he had the necessary papers
from Mrs. Arseneault.

“Later in the evening Paul called
me to his room again and repeated his
previous story. This time he also told
me that she had burned all her things
before she left except the two hand-
kerchiefs | had given her for Christmas.
He said she took the pearl necklace from
her neck and threw it into the stove.

Again he asked me about. the
house and again I told him he
would have to get papers from Mrs.

The ‘‘wanted” poster issued by

Superintendent of Police Michael

H. Crowley after the body of Mrs,
Arseneault had been found

Arseneault. He said he would do so.”

“How did he know her address?” in-
terrupted the police inspector.

“He said Mrs. Arseneault was going
to telephone or telegraph in a few days
Later he told me one of the lodgers
was going to buy Mrs. Arseneault’s
sewing machine, and then on Monday,
the twenty-ninth, he called me up at
my work to say that he had met Mrs.
Arseneault, had gone to a lawyer, had
papers made out, and he was going to
Springfield that afternoon so that Mrs.
Arseneault could sign the papers. He
asked me to take care of the house and
look after the boiler. When I got
home | went to the cellar and opened
the heater door and put on _ two
shovelsful of coal.”

“pip you take any ashes from the
heater?” interrupted Inspector
Dennessy.

“No, sir,” the former lodger replied.
“IT didn’t remove any ashes from the
heater.”

“Did you notice that the pile of
ashes in the coal bin looked as though
they had been moved or disturbed?”

“The cellar didn’t look any different
than when | had been there a few days
before Christmas,” the lodger answered.
“At the door of the cellar I met Mrs.
Kokas.”

“What do you know about Alice?’
she said.

“ ‘Nothing!’ | replied.

“Then she told me that Paul said
he had met Mrs. Arseneault in Scollay

Square and Paul had gone to Spring-

field*to sign the papers. I said |

thought it was a lie.

* “Some nights later, Paul came into

my room. I could see he was rather

disturbed. ‘Joe,’ he began, ‘I didn’t

know you were that kind of a

friend.’

“Why what’s the matter, Paul?’
I asked.

““Never mind what’s the matter,’
he said. ‘You told somebody you
thought I was a liar.’

“Well,’ I said, ‘I do think that
you have no right to do the sort of
things you have, and you will have
to pay for it some day.’

““How do you know those things?’
he demanded.

“Because Mrs. Arseneault told
me she would never sell her house
for any amount, and | do not think
she left you the house to sell.’

e RED light flashed in Paul’s

eyes; then he regained control.

“You know it all,’ he muttered,
and went out.

““T don’t want anything more to
do with you,’ I shouted down the
stairs. ‘I don’t want to talk to you,
I don’t want to see you again.’ ”

“Did you know anyone by the
name Arthur Pelletier?” the inspec-
tor asked.

“Yes, he came to the house three
times while | was there. Paul said
he would kill him, but I. told him
such a thing would be very foolish.

RRR a ALLS Po a aE bal

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and
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ie into
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latter,”
ly you

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t think
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Paul’s
control.
ittered,

1ore to
wn the
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inspec-

se three
ul said
id him
foolish.

May, 1931

The next night Mrs. Arseneault
stopped me on the stairs.

“He told me he was going to kill
me, too,’ she cried.

“Don’t worry, I replied. ‘He has
the same thing, but he never
will.

When I questioned Mrs. Theresa
Saulnier, from whom Manuel Gavallas
bought the house, | learned further
particulars concerning the purchase of
the property at 517 Columbus Ave-
nue during the early part of January.

“He said his name was Paul Pappas
and that he had to sell it because his
housekeeper had run. away and left
him,” Mrs. Saulnier told us.

“He asked twelve hundred dollars,
but finally let me have it for five
hundred after I had agreed to pay
the bills of several installment com-
panies. During the time we were
negotiating he was very nervous and
that is probably the reason why |
finally got the place for five hundred
dollars. He said that he had a good
chance to open a restaurant in Spring-
field. When | refused to take the place
unless the papers were signed by a
woman named Arseneault he went
away to Springfield and came back
with the papers signed.”

“p' any letters come to the “house
for him?” I asked. if

“Yes, quite a few,” replied Mrs.
Saulnier, “but I returned them to the
mailman.”

“Were there any photographs of
Pappas around?”

“Oh, yes there were, but he took
them with him after burning some
photos of Mrs. Arseneault in the
stove.”

From a tailor by the name of Morris

Neckes, who had an establishment at

51 Wildwood Street, Mattapan, further
light was thrown upon the activities
of this man Paul Pappas.

“Two or three days after Christmas,
Pappas brought a blue suit into my
establishment,’ Neckes told us.

“Tt was completely covered with
ashes from top to bottom, coat, vest,
and pants, so much so that I could not
do anything with it and sent it to the
cleansing house.

“Tt came back in a day or two and
Pappas brought in another suit which
he left to be cleaned, and took out
the first one. Just as soon as that one
was ready he brought back the first
suit he had cleaned which was just as
bad as when he had brought it in the
first time.

“What are you doing?’ I asked him.
‘How on earth are you getting these
clothes so dirty?’

““My housekeeper has left me,’ he
explained, ‘and | am doing all the work
over there, taking care of the furnace;
going down into the cellar put my
clothes in this condition!’ ”

“What happened then?” investiga-
tors asked him.

“T never saw him after that time,”
the tailor replied. “After I cleaned the
last suit for him he disappeared.”

On May 12th, with the assistance of
Mrs. Lena Kokas, a lodger and in-
timate friend of the deceased, in coin-
pany with the two ashmen who dis-

The Master Detective

covered the body, Captain John E.
Driscoll and Sergeant William].
Carey presented all of the available
facts in the case to Judge Michael |.
Murray of the Municipal Court. A
warrant was issued for the arrest of
Paul Pappas. The charge was murder.
Months passed. Pappas had dropped
completely out of sight.
In Springfield where the missing man
had relatives, Sergeant John D. Mac-
Donald learned that a man by _ the
name of Paul Dascalakis was given
two months in jail on August 4th, 1916,
for carrying a loaded revolver. We
traced his movements to Chicopee. It

-was Paul Pappas under another name.

Police also discovered that Pappas
had visited Springfield in January for
the purpose of borrowing money from
his friends in the Greek colony. We
found that he had borrowed almost a
thousand dollars.

He said that he wanted to start a
restaurant, but we thought it possible
that he might have used the money to
flee the country, shipping as a fireman
or sailor on some outbound steamer to
avoid being recognized when applying
for a passport.

Later from letters and postal cards
secured from friends and relatives, we
traced the movements of Pappas, alias
Dascalakis, out through the Middle
West to Detroit, Michigan. Here the
trail was lost for awhile. And then
_..acertain post-card with a Canadian
postmark was waylaid and translated.
It read as follows:

Greetings. I am well and |
wish you the same. I want you
to know | am in Canada and |
don’t know if I’ll stay or not, and
for this I don’t write you my
address. I am going to write you
a letter when | stay here steady.
Give my regards to Argyro, and
Helen and Gregory and George
Bovardoulakin, and Stylian.

It was signed “Paul Dascalakis”.
Paul Pappas alias Paul Dascalakis was
in Montreal, Canada.

Several days after this post-card was
intercepted a live tip was telephoned
Chief Inspector McGarr by Chief of
Police William Quilty of Springfield,
Massachusetts, that ‘a’ man answering
the description of Pappas had been
seen in Montreal and in all probability
was still there.

McGARR got into immediate touch
with the Montreal authorities,
mailing’ them the descriptions, photos
and finger-prints’ of — the missing
murderer.

Detectives interviewed Chief Inspec-
tor Reginbald at the Dominion Immi-
gration Bureau. The Chief Inspector
told-them he had received confidential
information concerning a Paul Pappas,
one-third owner of a store situated at
the corner of First Avenue and Notre
Dame Street. Agent Eugene Sevigny
had located him and after asking why
he had come into Canada without pass-
ing the customs, ordered him to_ report
at the Dominion Immigration Bureau.

But Pappas did not report. Agents
investigated and it was learned that

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Pappas had married a Montreal widow
with $4,500, on December 14th, 1920,
and on May Ist, 1921, had bought an
interest in the store on Notre Dame
Street, a block from Vimont Street,
where he made his new home.

Gradually the police net began to
close upon this foreigner who laughed
and scoffed at American law and order.
Ever since the visit of the Immigration
Agent, Pappas had kept away from his
store; days had passed and he had
continued to disregard Agent Sevigny’s
request to report at Immigration Head-
quarters. Then a secret conference
was held with several Montreal detec-
tives at the offices of the Dominion
Immigration Bureau.

Inspector Reginbald introduced these
officers to a very attractive girl whom
he called “Miss Smith.”

“At last we're ready to round up
Pappas,” he said. “Miss Smith has an
engagement to meet him this after-
noon on Lasalle Road in Verdun at a
house occupied by another man.

“We've all got to work carefully,”
he continued. “This American is a
very dangerous man who is never un-
armed.” With that thought in mind the
Chief Inspector unfolded a carefully
laid plan.

That afternoon Miss Smith, shad-
owed by detectives, entered the house
on Lasalle Road as previously out-
lined by Chief Inspector Reginbald.
Twenty-five minutes later she left.

One of the detectives sauntered by.

“He’s inside,” she whispered, “and |
don’t think he suspects a thing.”

So far the well-laid plans were work-
ing perfectly. Detectives MacGregor
and Charrette closed in on the house,
hiding in neighboring doorways. Then
something miscarried. The door
opened and Pappas looked up and
down the street. Had he been tipped
off or was he merely looking for the
vanished Miss Smith? He _ reached
inside of the door for his hat and
started down the street.

Detectives MacGregor and Beau-
champ strolled leisurely after him.
Behind, the starter of a Verdun police
car coughed a motor into activity.
Apparently unsuspicious, Pappas
crossed the street to the dyke border-
ing the St. Pierre River. The detec-
tives followed not far behind. Then
Pappas turned . . . some sixth sense
must have warned him that all was
not well. His eyes lighted upon the
two men some distance behind and he
broke into a run.

“STOP!” cried the detectives, realiz-

ing all need for secrecy was at
an end. “Stop in the name of the
aw!

The man, now well in the lead, re-
fused to heed the warning. He cut
across a field and the two detectives
ran after him. The Verdun police car
joined in the chase. Pappas continued
down several streets, seeking to throw
his pursuers off the scent. He was
unsuccessful. Looking over his shoul-
der, he saw the police car gaining upon
him. He turned down an alley and
started to scale a fence.

“Put them up,” said a voice,
keep them up.”

“and

The Master Detective

Pappas looked down into the muzzle
of a business-like revolver held in the
hands of a determined Verdun
constable.

“All right,” said Pappas, “I surren-

der. I’ve done nothing. For what
should I be afraid?”

On September !6th, 1921, Pappas
was brought back to -Boston by

Sergeant John D. MacDonald of the
East Dedham Street police station.
Credit for this arrest was also given to
Sergeant William J. Carey, and In§pec-
tor James A. Dennessy, in charge of the
Bureau of Criminal Investigation.

The case of Paul Pappas, alias Paul
Dascalakis, when brought to trial on
June 6th, 1922, not only proved sensa-
tional, but occupies, today, a prominent
position in Massachusetts law annals,
because of certain unusual develop-
ments that came about as the case
unfolded.

The trial was held before Judge
Patrick M. Keating of the Superior

Police Inspector James A. Dennessy,
one of Boston’s most noted criminal
investigators, whose clever detective
work was largely instrumental in
solving the Arseneault case

Court. Assistant District Attorney
Henry P. Fielding represented the
government, and Attorney John W.

Schenck appeared for the defendant,
assisted by his associate, Attorney
Jordan P. Williams; later Attorney
John P. Feeney also represented the
defense.

In opening the case for the govern-
ment, Assistant District Attorney
Fielding told the court that Pappas
“was jealous of Mrs. Arseneault’s atten-
tions to another man, and that he said
if he had a knife he would kill her.
He painted a vivid word picture of
the boarder who_,went into the kitchen
on the morning of December 26th and
found Pappas preparing breakfast
while Mrs. Arseneault lay upon the
couch.

The two ashmen who had found the
body testified; Sergeant John D. Mac-
Donald of the East Dedham Street
station testified in his search for Pap-
pas he had traveled over a good deal
of territory, including trips to Spring-
field, Chicopee, New York, Atlantic

City, Philadelphia, St. Augustine, and
finally to Montreal. He told the court
how he had met the present wife,
Minnie Pappas, when he had gone to
Montreal to bring the defendant back.
He told the court how Pappas had pre-
viously told his wife he was wanted
in Massachusetts because a woman had
been found dead in an ash heap, a
woman he claimed his own cousin had
killed,

MRS. THERESA SAULNIER was

among those whom Assistant Dis-
trict Attorney Fielding introduced to
prove that Pappas sold the lodging-
house after Mrs. Arseneault  dis-
appeared. Mrs. Saulnier also testified
that after taking over this house she
had discovered blood-stained linen
which she took down to the cellar and
later burned.

From the first, even as he had done
at police headquarters, Pappas stoutly
protested his innocence although he
did not take the stand in his defense.

Nine days later the case went to the
jury. A few hours of deliberation and
they filed back into the courtroom.
The verdict was: “Guilty of murder
in the first degree!”

Pappas was sentenced to die during
the week of March 18th, 1923. But
forces were at work almost from the
start to save Pappas from the electric
chair. He appeared in court on Jan-
uary 16th, and heard the sentence
passed in stolid silence.

“Have you anything to say?” he was
asked.

“You take a life for nothing,”
replied. “I am not a bad man.”

There came more delays with fierce
legal battles said to have been unpre-
cedentéd in the records of the criminal
courts, of Massachusetts. Early in
> aoa 6 many prominent Greeks and
others met Governor Cox and pleaded
that the sentence of death be changed
to life imprisonment. The case dragged
on with more last-minute appeals, until
July 13th, when Pappas sent this fare-
well note to the newspapers:

he

I go from this world with my
conscience clear. [ am an innocent
man. [I want my _ brother to
write to my sisters and father
that | am going. Tell them not to
cry. They, and all my friends can
be proud of me because | am not
dying a criminal. [ am innocent.
Let no one cry over my death.
We are all going to die sooner or
later.

All during the evening of that day,
Pappas maintained his innocence to the
two priests who sought to give him
spiritual comfort. Soon after eleven,
he dismissed them for a time and lay
down to rest in a prison filled with
nervous prisoners who also waited... .
Through the open windows, he heard
the clocks in the city strike the hour
of twelve. First there was the dull
deep note of a clock nearby he had
grown to look upon almost as a friend;
then another, with note pitched high
from a Cambridge church, followed by
another in Charlestown. It seemed as
though all the clocks in the world had
commenced to strike ....

SRNR

May, 1931

Six minutes later the guard stopped
beside his door. The legal witnesses
had been sitting in the death chamber
since a little before twelve. Outside
the prison gates several hundred on-
lookers stood watching the lighted
windows of the prison while street
merchants with pop-corn and chewing
gum passed among them. The throng
stood waiting with interest. Inside

the big house a man was about to die.

BEYOND the little brown door that
shut off the view of the death
chair from the condemned man, the
voice of a priest rose loud and clear.

“Tet not your heart be troubled,”
the group in the death chamber heard
him say. “Ye believe in God; believe
also in me. In my Father’s House are
many mansions. If it were not so, I
would have told you.”

The brown door swung back. Paul
Pappas, pale and determined, entered
the room. Without any hesitation he
approached the electric chair and
seated himself. Four guards stepped
forward.

Paul Pappas paid them no attention
as they strapped him in, pushed back
the slit portion of one trouser leg and
adjusted the electrode. Nor did his
gaze linger upon the various witnesses
seated only a few feet away; instead,
as the guards lowered the death mask,
his eyes were still intent upon a long,
low enclosure covered with ‘prown
burlap.

The head electrode was swiftly

The Master Detective

adjusted. Into the chamber came
deathly silence broken by the voice
of one of the priests.

“The Lord is my Shepherd. | shall
not want. He maketh——”

The minister paused and then con-
tinued. Warden Hendry glanced over
toward the screen concealing the wait-
ing executioner. He nodded slightly.
The switch was thrown.

Physicians gathered about Pappas.
Stethoscopes were applied. There was
a brief discussion. The warden was
consulted. He nodded. Again the
current was applied. This time the
three doctors made a perfunctory
examination. The warden stepped
forward and addressed the legal
witnesses :

“By decree of court,” he said
formally, “I declare Paul Pappas dead.”

In a coffee house on Kneeland Street,
Gregoris Dascalakis, Paul’s brother,
sat disconsolately; outside the prison
gates, the throng slowly dispersed
amid honking autos. They were dis-
appointed. There had been no ex-
citement.

Paul Pappas lay dead on a marble
slab in the empty death chamber, a
slab which had been covered by the
brown burlap his eyes had last rested
on, while in another portion of the
prison, cheerfully lighted, a table was
tastefully set for a banquet.

And in yet another portion, some-
what removed from the festive board,
the three physicians, who had examined
Pappas, were washing their hands.

Who Committed Dallas’ Notorious

“Cemetery” Crime?
(Continued from page 35)

About 10 o’clock Sunday morning,
Helmer Bekkelund, Deputy Constable
under Dancer, found an abandoned
four-door Essex sedan automobile
about three miles from the cemetery,
with blood splotches on the seats and
floor. The design of the tires on the
abandoned car corresponded with the
tracks found in the plowed ground
north of the cemetery and it was ascer-
tained that there was no crank in or
about this automobile.

Deputy Constable Bill Decker from
Precinct No. | (Dallas proper) imme-
diately investigated the license num-
ber on the car and secured from the
records the name of the owner of the
Essex sedan, who was a Mrs. Bernice
Gladden. Constable Decker drove im-
mediately to the address given, which
was out in the section known as West
Dallas.

The officer’s knock at the door was
answered by a man who said that
his name was B. Gladden and that he
had a sister Bernice who owned a car
of the description given. He stated
further that his mother and two sis-
ters had gone out in the car the night
before with two men and had not yet
returned. He said he was the only one
in the house and that he did not know
the whereabouts of the car. It was in
the hands of Luther Whatley, who
boarded at the Gladden home, when

they gaily drove away for a joy ride.

While the man answered the officer’s
questions, he anxiously glanced
toward the rear of the house and Con-
stable Decker, suspecting something,
went inside and into a rear room, where
he found Luther Whatley in bed with
a bandaged hand. Decker immediately
placed Whatley under arrest and took
him to the city jail for questioning by
Chief of Detectives Charles Gunning
and District Attorney McCraw.

After the arrest of Whatley by Con-
stable Decker, the officer, having learned
of Conway and the Gladden women’s
connection with the affair, at once tele-
phoned this information to the Chief of
Police who discovered that they had
just released these parties from custody
a few moments before Decker’s mes-
sage reached him.

[ MMEDIATELY, Detective John
Henderson was sent to find Conway
and the Gladden women and bring them
back to police headquarters. The offi-
cer picked them up before they reached
home and returned them to the police
station for further questioning.
Therefore, before noon on Sunday,
the 15th of Dectember, while Watch-
man Broome lay dying in the hospital,
five people were locked up in the city
jail in connection with the affair.
When questioned, the five suspects all

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| DESCALAKIS, Paul, wh, elec. MAS (Suffolk) July 14, 1923.

ee

An ill-advised love affair which aroused the jealousy of a
rejected admirer brought a dreadful fate down upon Mrs.
Alice Arseneault, whose portrait is shown here.

16

Sweetheart

LAR

HE early evening silence of Bos-
ton’s Charles street was split by

the imperative wail of a siren as a.

‘police car raced to the 500 block and

came to an abrupt halt before a brown-
stone lodging house.

Captain John E. Driscoll, in charge of
Station Five, stepped from the car and
led a squad of officers toward the en-
trance of the house where two mien, ob-
viously distraught, awaited them.

“Somebody telephoned that there was
trouble here,” said Capt. Driscoll.
“What's wrong?”

One of the men stepped forward.

“T telephoned,” he said. “Come with
me into the cellar and I’ll show you.”

The man, whose name was Gerald
Finn, led the way into the cellar. It
was a clean cellar except for a pile of
ashes behind a boarded-up coal bin in
one corner.

“Look in there,” Finn said, pointing
at the bin. He hung back as if reluctant
to approach the pile of moldy ashes.

Bin Holds Horror

CAE. DRISCOLL’S ‘flashlight
clicked and a strong beam cut
through the gloom of the cellar.

In an instant the beam illuminated the
bin, and the officers understood at once
Finn’s reluctance to draw near. In sharp
‘relief against the dark background they
saw, white and sickly, a limp foot in a
scarlet slipper.

The officers began to push away the

‘ashes and soon the.whole ghastly secret

of the cellar bin was revealed.

Lying before them on the ash-heap was
the body of a black-haired woman, nude
except for what was left of a flimsy night-
gown and the crimson slipper.

“Married,” said Capt. Driscoll tersely,
indicating the gold ring on her left hand.

He said no more. There was. no need
to point out that the woman had met a
violent and horrible death. There was
a gaping void where her throat had been.

“What about this ?” said Capt. Driscoll,
turning to. Finn,

“T was cleaning the cellar with Steve
Melia here,” said Finn, striving to keep
his voice calm. ‘We had everything
pretty well tidied up when we started in
on that bin.

“We began digging around to get the
ashes out whe1t we found an old mattress.
We carried it outside. Then we un-
covered something else there. We didn’t
know what it was until we lit a match.

DARING

rar werd ca Wh Ae
ME SOE RE POE ee

DARING DETECTIVE, February, 1937

Pp ape mgprnate ec ne emer nemea
Sp

ne ee eee

_—

EG AT RT

RA TEETER IE ES TOE

RED TER TS

TT ee

}
t

LOWEI

Then we saw it \
called the police
saw what it was.’

By this time n
Superintendent }
Dennessy of the
Medical Examine

Lan

UPERINTED
investigation.
man who owned t
with a small, dar
sudden invasion «
“You own this
“Yes,” answer
recently.”
“What do you
pointing to the cx
The landlord r
flesh amid the as!

“T know nothir
saw that woman
who she is.”

Superintendent
in the dark,

“Ts it your. wif

“No, no,” the 1:
know who the w«
here very often.

“You don’t liv
superintendent.
us you and yc
place.”

“That's right,”
his head eagerly.

DETECTIVE


evening silence of Bos-
les street was split by
tive wail of a siren as a
to the 500 block and
ot halt before a brown-
ise.
©. Driscoll, in charge of
pped from the car and
oficers toward the en-
se where two men, ob-
t, awaited them.
2phoned that there was
said Capt. Driscoll.

n stepped forward.

‘he said. “Come with
and I'll show you.”

Ose name was Gerald
ay into the cellar. It
ir except for a pile of
oarded-up coal bin in

,” Finn said, pointing
ing back as if reluctant
ile of moldy ashes.

olds Horror

SCOLL’S | flashlight
a strong beam cut
1 of the cellar.
1e beam illuminated the
ers understood at once
to draw near. In sharp
dark background they
ickly, a limp foot in a

gan to push away the
ie whole ghastly secret
vas revealed.

em on the ash-heap was
>k-haired woman, nude
as left of a flimsy night-
nson slipper.

| Capt. Driscoll tersely,
d ring on her left hand.
‘e. There was no need
the woman had met a
ble death. There was
‘re her throat had been.
s ?” said Capt. Driscoll,

: the cellar with Steve
Finn, striving to keep
“We had everything
up when we started in

zing around to get the
‘found an old mattress.
itside. Then we un-
r else there. We didn’t
s until we lit a match.

DARING

By

LOWELL AMES NORRIS

Then we saw it was a—a woman’s corpse! That’s when I
called the police station. We didn’t touch a thing after we

saw what it was.”

By this time more police officials had arrived, including
Inspector James A,
Investigation, and

Superintendent Michael H. Crowley,

Dennessy of the Bureau of Criminal

Medical Examiner Timothy A. Leary,

Landlord Ignorant Of Crime

SUPERINTENDENT CROWLEY took charge of the
investigation. He sent Inspector Dennessy to find the
man who owned the boarding house. The inspector returned

ev eats. ee

eart | Slaying and the

with a small, dark man who was evidently mystified at the
sudden invasion of the police. ,
“You own this house ?”’ Crowley asked.

“Yes,” answered the man. “My wife and I bought it

recently.”

“What do you know about this?” said the superintendent,

pointing to the corpse in the bin.

The landlord recoiled in horror as he saw the dead white

flesh amid the ashes.

Ashes piled in a forgotten bin covered 4 hid- .
“oo eous crimes

i

bey

os

"Then police of two nations went into action to

solve an incredible passion

vw

slaying which brought

an elusive killer to the. chair. ay

“I know nothing,” he cried. “I never
saw that woman before. I do not know
who she is.” od {

Superintendent Crowley made a shot
in the dark, :

“Is it your. wife?”

“No, no,” the landlord said. “I do not
know who the woman is. I do not come
here very often. I don’t live here.”

“You don’t live here?” repeated the
superintendent. “I thought you. told
us you and your wife bought this
place.” *

“That’s right.” the man said, nodding
his head eagerly. “I bought it but I don't

DETECTIVE

ye
+

live here. I stay at my other house on
Shawmut avenue.”

Obviously the man was dazed by the

“grim discovery in his basement. But

the police still hoped he might be of
assistance to them.

“Don’t tell us that a woman could be

buried in ashes in your house and you:

know nothing about it,” Inspector Den-
nessy said, © :

“Those were not my ashes,” protested
the unhappy landlord. “I take out my
ashes every week. Those ashes were here
when I came. I put coal over them.”

“When did you buy this house ?”

Mrs. Arseneault conducted
the Boston lodging house
‘ above until her strange dis-
appearance. In the cellar of
the house, months later,
a ghastly discovery was made.

“Let me see,” the man calculated. “This
is April, 1920. I came in February. |
bought this house from a woman for
cash,”

“How many lodgers were here when
you came?”

“Fourteen,” the landlord replied. “Five
of them are still here.”

“Then let’s go upstairs and see what
they know,” said Superintendent Crow-
ley. “We're wasting time here.”

Fortunately it was near dinner time
and most of the lodgers were at home.
Police began bringing them one by one
to the cheerless front parlor. Among the
first to be interviewed was a young
woman who had lodged there since the
previous September. Her information
gave a new and sinister slant to the
baffling situation.

“It could be Mrs. Alice Arseneault.”
she said. “She had just taken over the

17


nmitted murder with
ig hanged—a fantas-
:ans of committing

taken to the London
ce Court on April 17.
ertion from the air
:d, and he was re-
rge of murder. As
d only his own state-
e the accusation, yet
he had told the truth
nurderer could have
iils about the body
uich Field by his own
e simply must have
rolice reasoned.
into Old Bailey on
al a second time for
rder.
d completely.
murder because I
asserted. “I didn’t
take my own life, so
nitted the murder I
and hanged. As a
ad nothing whatever
1 of Mrs. Sutton.”
iin his knowledge of
an answer for that.

ters Story

on the night of the
-'--~ed to sleep in a
He had just

d sounds of a

__ only a few mo-
y afterward a man
house. Out of sheer
1e entered the Sutton
‘_y on the bed. He had
ugh to take in the

ie Yard had several
The prosecution pro-
vives who took the
y identified Field as
man—they had seen
on Edgeley road
light on the night of

aly five hours, and the
nly twenty minutes.
guilty.

peal, and on June 30
ered at Wandsworth
‘the execution. As in
zings, Mrs. Violet van
widow of a shaving
er, staged a spirited
inst capital punish-
forts were cut short
s stoned and police
r off to the station
-d for creating a public

ferbert Charles Field
ind Yard had the last

- the London Sunday
f the World, published
ch Herbert J. Field,
derer, stated that his
the Upchurch killing
er it was committed,
eld went to the Daily
ald had committed the
said, because he had
need of money to pay
s father promise never
ession until after his

ore is ever found

doubt but that

ia aied for the murder

1, the killer of Nora
h him.

Se
wu

| Boston’s Sweetheart Slaying

[Continued from page 19]

shortly afterwards and I walked down-

town to buy some presents for her and

for my friend, Pappas. I did not see her

again until Christmas afternoon when

Paul and I had dinner with her.” -
“How did she seem?”

Attended Wild Party

‘S HE had been out on a very wild party
: and had been drinking heavily,” the
former lodger replied. “She showed us
a pearl necklace which one of her sweet-
hearts gave her. and Paul was very
angry.”

Tumalis said that he spent Christmas
night at the movies. He came back at
ten o’clock and spent some time in Mrs.
Arseneault’s living room playing the
piano. Mrs. Arseneault came in and the
two talked fora while.

“Was that the last time you saw her?”
Superintendent Crowley asked.

“It was the last time I heard her
speak,” Tumalis informed_him. “I saw
her the next morning. She was lying
on the lounge in the kitchen while Paul
got my breakfast. She lay on her side,
face to the wall, and was covered with
blankets. Paul said she was asleep and
didn’t want to get up.”

“Didn’t that strike you as strange?”
Chief Inspector McGarr asked.

“Not especially,” Tamulis replied.
“She had done it once or twice before
and I knew she had been on a gay party
Christmas Eve. Besides, Paul didn’t act
as though there was anything wrong.”
Police later were convinced that Mrs.
Arseneault was already dead as she lay on
that couch while her slayer calmly prepared
breakfast in the kitchen. ‘

When he came back from work that
night, Tumalis said, Paul Pappas met
him in the hall and told him that Mrs,
Arseneault had gone away to Spring-
field with another man. Later, Pappas
told Tumalis he intended to sell the
boarding house and asked the lodger’s
advice. Tumalis told him he could do
nothing unless he secured Mrs. Arse-
neault’s signature. Pappas said he-would
take the matter up with her when she
telephoned her address. On January 29,
1920, Tumalis continued, Pappas tele-
phoned him at work. He said ‘that he
had met Mrs. Arseneault and that she
had gone to a lawyer’s office with him.
Papers were being drawn up and he was
going to Springfield that afternoon to
have her sign them. He returned with
her. signature. The house was sold and
Pappas moved away. Ao

“Do you believe that Paul Pappas did
meet Mrs. Arseneault as he claimed and
that he secured her signatuge?” the
police superintendent inquired. 4

“I think it was alla lie,” Tumalis burst
out. “I told Paul he was a liar and that
he would pay for it. I thought he would
knock me down. Then he left the room
muttering.”

Inspector Dennessy was not satisfied
that greed alone was the motive for the
murder. Pappas may have forged Mrs.
Arseneault'’s signature in order to gain
possession of her property, but, the in-
spector believed, there was a less cold-
blooded reason for the slaying.

The inspector learned from various
lodgers and from friends of Mrs. Arse-
neault that she had been carrying on

“an affair with Pappas.

He was madly
enamoured of her and she had returned
his affection until about Christmas time
of 1919.

Then, the inspector learned, she had
grown cold and indifferent to Pappas,
and began keeping company with the
other man mentioned by Tumalis. She
rejected all of Pappas’ pleas to return
to him. Infuriated by her_ indifference
and bitter with jealousy, Pappas used

-to follow: her on her trysts with her new

lover. He had confided to a friend that
on Christmas Eve he had trailed Mrs.
Arseneault to the community Christmas
tree in Boston Commons and had seen
her meet a man there.

Thwarted love combined with greed
had prompted Pappas to murder, Inspec-

tor Dennessy believed. He worked day

and night to track down this man who
had so mysteriously vanished. In this
task he was assisted by Sergeants
John D.. MacDonald and. William ig
Carey. Sergeant MacDonald traveled
thousands of miles to question suspects
in all parts of the country from Florida
to Michigan. é

Parts. of the man’s trail had been left
uncovered, he found. Early in the in-
vestigation, Sergeant MacDonald learned
that Pappas had relatives in Springfield,
Massachusetts with whom he: had lived
as Paul Dascalakis. Under that name
he had been arrested for carrying a
loaded revolver and served: several
months in jail. Upon his release, Pappas
moved to the neighboring city of Chico-
pee and then to Boston. In January,
1920, he returned to Springfield and bor-
rowed a thousand dollars from his friends
living in the Greek colony. He said he
was going to open a Greek restaurant.

“That can mean only one thing,” In-
spector Dennessy said when this fact
was reported -to him by Sergeant Mac-
Donald. “He was planning his getaway.
Ten to one he has left the country.”

Yet. the inspector left nothing to
chance. Making a list of the addresses
of Pappas’ many friends and relatives,
he: turned it over to the post office de-
partment with the request that all mail
coming to these people be carefully
watched.

In his mind there was no longer any
doubt of Pappas’ guilt. All other suspects
had been definitely eliminated after a
secret visit paid by Inspector Dennessy
sometime previous to a tailor shop on
Wildwood street, Mattapan.

Tailor Recognizes Slip

O NCE inside, he waited until the shop
was empty, then he handed the tailor
the dirty, discolored slip which he had
picked up among the ashes in the lodging
house basement on the night of the mur-
der and had been discovered.

“Ever see this before?” he asked.

The tailor eyed it with a start of recog-
nition. ‘

“T remember it well,” he replied. “It is
one of the slips which I gave Paul Pappas
for suits which he left here.”

‘According to the tailor, Pappas had
brought in several suits to be cleaned
soon after Christmas. All of them were
so encrusted with ashes that they had
been sent away to be dry cleaned.

“T asked him what he was doing to get

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lodging house when I came here last fall.
She disappeared the day after Christmas
and we've never seen her since.”

“Did her husband leave with her?”
Inspector Dennessy asked.

The woman hesitated.

“He never lived here with her,” she
replied. “I heard that they were sepa-
rated. Most of us thought she remarried
because she was always around with a
man named Paul Pappas who came to
live here soon after she did.”

“Where’s Pappas now ?”

“T don’t know,” she replied. “He left
soon after Mrs. Arseneault disappeared.”

“How about her husband? Has he
been around since ?”

“Two or three times,” the woman an-
swered. “He seemed very anxious to find

her and wanted to know. where she had ..

gone.”

Other lodgers were questioned while
detectives scoured the city for the dead
woman’s husband. It was growing late
when there came a sharp knock at the
door and Captain Driscoll entered.

“I’ve just located somebody who knew
Mrs. Arseneault very intimately,” he said.
“Her name is Mrs. Lena Kokas and she’
right outside.”

“Bring her in,” replied the police su-
perintendent.

Mrs. Kokas identified the dead
woman at once as the missing Mrs.
Arseneault.

“It's Alice all right,” she cried. “I
never imagined when we sat together on
Christmas Day that the next time I saw
her would be like this.”

18

“Was Paul Pappas the last person to
see this woman alive?” asked Superin-
tendent Crowley.

“One of them,” Mrs. Kokas replied.
“Another lodger saw her, too. His name
is Simon Tumalis.”

“Have you seen either of them around
since ?”

“They’ve both gone,” Mrs. Kokas told
them. ‘They left soon after Mrs. Arse-
neault disappeared.” ,

Superintendent Crowley and Inspector
Dennessy sat deep in' thought for some
time after the woman had gone. «

Many Men Involved

“J UST at present,” Crowley said

slowly, “it all appears to be a hope-
less tangle. There’s the dead woman’s
husband, Paul Pappas, and this man
Tumalis. I shouldn’t be’surprised if one
or two more sweethearts showed up
before we come to the final solution.”

“Quite probable,” agreed the inspector,
rising from his chair, “I think I'll take
another look about before I return to
headquarters,”

“I’m going back now,” said the
superintendent. .“I’m going. to
send out a wanted notice on those
three men.”

“Be sure,to ask them to check
every Greek colony here in New
England,” Dennessy observed.
“I’ve a hunch that’s how we will
locate both Pappas and Tumalis.”

co

Credit for the solution of a baffling murder
mystery was earned by Inspector James A.
Dennessy, left, and Superintendent Michael
H. Crowley, above, of the Boston police.

The inspector returned to the basement
after the superintendent left. He threw
his searchlight into the now untenanted
bin. Heaps of ashes still lay about. In-

spector Dennessy poked around. Thrust .

far in back of the cavity where the body
had been concealed, he came across a
small, discolored piece of paper.

He scanned the printing at the top and
carefully studied a penciled notation.

Then he slipped it into his pocket and
went out into the night.

Down at police headquarters early the
next day, Superintendent Crowley and
Inspector Dennessy sat in secret con-
ference with an unannounced visitor who
had managed to elude the watchful re-
porters. :

He was Adelard Arseneault, the hus-
band of the murdered girl.

An all-night police search had revealed
his whereabouts. He was living on High
street in Springfield, Massachusetts.
Questioned by the police of that city, he
expressed himself as deeply shocked at

DARING

the tragedy
i apprehend
' ley’s comfc
Pemberton
} pertinent d
i “Alice a
k ago,” he si
fell madly i
and we we

“When

tendent Cr:

a B
“PSHE y
* “T g°
brought m:
get along.
Finally Al
left. Earl:
lodging hx
asked me '

“Did yo

“T calle
said, “Th

DETECT


‘eturned to the basement
tendent left. He threw
ito the how untenanted
ches still lay about. In-
poked around. Thrust
> cavity where the body
led, he came across a
piece of paper.
: printing at the top and
a penciled, notation.
d it into his pocket and
night.
: headquarters early the
intendent Crowley and
‘ssy sat in secret con-
inannounced visitor who
elude the watchful re-

rd Arseneault, the hus-

lered girl.

slice search had revealed
He was living on High

ngfield, Massachusetts.

ie police of that city, he

lf as deeply shocked at

the: tragedy and offered to-do all in his power to {help
apprehend his wife’s slayer. In Superintendent Crow-

ley’s comfortable office on the street floor overlooking
Pemberton Square, he was telling these two officials
pertinent details concerning the womans past life.
“Alice and I met in New Brunswick some years
ago,” he said. “She was a very. beautiful girl and I

‘fell madly in love with her. She returned my affection

and we were married.”
“When did you return to the States ?” Superin-
tendent Crowley asked.

Bickering Breaks Up Marriage
a0 year before the war,” Arsenegult answered.

“I got a job in Lynn, Massachusetts, and I
brought my wife to that city. But we couldn’t seem to

get along. There was constant: bickering between us. -

Finally Alice said she could stand it no longer. She

left. Early in September she wrote she had opened ay

lodging house in Boston on Columbia aveniue, She
asked me to drop in and see her some time.”

“Did you visit her ?”

“T called the week after Christmas,” the beiskiena
said. “The door was opened by a man in shirt-sleeves.

Police of two nations:
pressed their search for
this man through the .
United States and Canada I asked for my wife and he told
before they made a sen- me she had left several days
sational capture that cli- before without leaving any ad-
maxed a shocking crime. dress.”

“Do you think you would know
this man if you should see him again?” asked Superintendent
Crowley.

“I’m sure I would,” Arseneault said.

Inspector Dennessy flashed a photograph before him, one
which had been copied from a snapshot given him by Mrs.
Kokas the night before.

“Does this look familiar ?” he asked.

The husband studied. it.

“T should say that there was a very strong resemblance but
I can’t be sure,” he replied at last. “Who is he?”

“His name is Paul Pappas,” Superintendent Crowley said.
cue he is one of the last known persons who saw your wife
alive.”

The intensity of the search for Paul Pappas and Simon
Tumalis increased as days passed.

Clue after clue poured into police headquarters’ as facts of
the brutal murder became known to the public. All of these
were carefully investigated only to be cast aside as worthless
by Inspector Dennessy who was placed in charge of the case

by Chief Inspector John McGarr. A vast police net encircled
New England and extended into New York. As its meshes
gradually tightened about various Greek colonies, word flashed
from Barre, Massachusetts that Simon Tumalis had been taken
into custody.

F Boston American Photo Inspector Dennessy rushed the man to Boston where he was
a baffling murder “This community Christmas tree, erected. in ‘questioned by Superintendent Crowley and Chief Inspector
nspector James A. Boston Commons by The Boston American, McGarr.

cintendent Michael

q was the scene of Mrs. Arseneault’s fatal tryst.
the Boston police. 9 my * / ;

“Sure, I knew Mrs. Arseneault,” Tumalis readily admitted.
“T had supper with her on Christmas Eve. She went out
[Continued on page 71]

DARING DETECTIVE one ee : Bs


476

BE, 864; Commonwealth vy. Russ, 232 Mass,
f8, 82, 122 N, Eh. 176; Commonwealth v. Ter-
mo, 234 Mass, 66, 124 N. }), $89; Common-
weatth y, Feet, 235 Mass. 562, 568, 571, 127
N. FB. ¢92: Commonwealth v. Peach, 239
Mass. 375, 580. 182 N. EB 8513 Common-
wealth vy. Cabot, 241 Mass. 131, 151, 195 N.
Ma od,
“lee practice on the criminal side of the
court in this particular conforms to that
on the civil side. Ryan v. Flickey, 240 Mass.
46, 132 N. HB. 718; Berggren v. Mutual Life
Ins. Co., 231 Mass. 173, 120 N. DB. 402, and
lected in each opinion.
gerne F ite’ considerations support
this conclusion. Prosecutions for crime
ought to end when there has been a fair

140 NORTHEASTERN REPORTER (Mass.

leged incompetence or negligence of the coun-
sel assigned by the court who conducted the
trial before the jury and all proceedings up
to the filing of the present motion. It is
provided by G. L. ¢. 277, § 47, that in capital
eases the court shall assign counsel for the
prisoner and order paid to him reasonable
compensation if the prisoner is otherwise un-
able to procure counsel. It is the manifest
duty of the court to appoint competent coun-
sel able to conduct a faithful and proper
defense. Attorney General, Petitioner, 104
Mass. 537, 542. Jt has been held to be beyond
the power of the court to set aside a verdict
because of the inefficiency of counsel. State
v. Dreher, 137 Mo. 11, 38.8. W. 567, overrul-
ing in this respect the decision in State v.
Jones, 12 Mo. App. 93. See Hudson v. State,

trinl not found on exceptions to be tainted
with reversible error. Successive motions
for new trial after exceptions taken at the
trinl have been overruled and after a writ of
error has disclosed no error on the SS
seeking review in novel form of the trial,
might easily be converted into an obstruction
of public justice and become an abuse.
Boston Bar Association v. Casey, 227 Mass.
46, 116 N. FB. 541.

The established practice not to consiser
on motions for new trial matters which wee
have been raised by exceptions at the trina
is founded upon a sound interpretation of
the statute and the cominon law.

It is assumed that in appropriate instances
the court has and will exercise the power
to set aside a verdict in order to prevent Aa
miscarringe of justice when a decisive or

76 Ga. 727; State v. Dangelo, 182 Towa, 1253,
166 N. W. 587; Commonwealth v. Benesh,
Thacher’s Criminal Cases, 684; O’Brien v.
Commonwealth, 115 Ky. 608, 74 S. W. 666;
McLellan vy. Fuller, 220 Mass. 494, 108 N. E.
180, Ann. Cas. 1917B, 1; Dorr v. Massachu-
setts Title Insurance Co., 238 Mass. 490, 131
N. BE. 191. But if it be assumed that such
power exists in appropriate cases, see Rollins
y. Bay View Auto Parts Co., 239 Mass. 414,
424, 422 N. FE. 177, there was.no error of law
in refusing to grant a new trial on that
ground in the case at bar.

[15] Doubtless evidence was admitted in
examination of witnesses by the counsel for
the defendant which could not have been
introdneed against his objection. That by
itself alone is a matter of slight consequence.

i ig It is a not infrequent occurrence in the trial
eet Legs ER eT a ial of causes, and even happens in criminal re
ay A ee 97 Mass 478 481: Noyes|es, that incompetent, immaterial and irrele
kanye i Neen aoe snd caxee collected | vant evidence goes in without Raps snr
— a . F850 A careful ex-| Various motives may induce such eondu
eek aero: = : work in the ense at bar |by trial counsel. In the main it is done =
eS ciaics | h exercise of that | the supposed advantage of the client to ob-
OE ee ee tain evidence which directly or —
ihe ate in his behalf. Disappointmen

he motion for a new trial | may oper

i ee, cenie was nddressed to 'the In the — Ps ages ee .

; discretion of the trial judge. There | misapprehension In its queers aoe ee
oe tata this record to indicate that it neither error in law nor incompe el
a ox ‘ - In a dudiein) manner. nevligence in fact. It is difficnlt to reproduc
the “ a eaaetiiea tor an inference that} on a printed page the atmosphere of a yond
cies ae ration of Justice and of substan- |The situation confronting an —s aa
_. a - wre given full weight fn reach- ing the ‘examination of a witness, inc md a
Be oe ectsion leny the motion. Com- {nformation conveyed in advance from =
1k te Oe ite, if ous sources, anticipation concerning answers

Mass.) COMMONWEALTH vy. DASCALAKIS 477
(140 N.E.)

members of the bar in the trial of cases.| “Such a conversation {s not necessarily pri-

Perfection cannot be demanded even if ‘a
standard of perfection could be formulated.
All cannot be held to the same degree of ex-
cellence. Criticism after an adverse event
is casy. It {ts not necessary to examine in deé-
tail the specific examinations and testimony
thus introduced now urged ‘as showing neg-
Igenee and incompetence. It is enough to
say that a careful examination of the en-
tire record shows no ground to doubt the
correctness of the action of the trial judge in
denying the motion for this reason. Com-
monwealth v. Wakelin, 230 Mass. 567, 575,
576, 120 N. E. 209; Diaz v. United States,
223 U. S. 442, 450, 451, 452. 32 Sup. Ct. 250,
56 L. Ed. 500, Ann. Cas. 1918C, 1138.
Omission to object to improper arguments

of opposing counsel within reasonable lim-
its stands on the same footing. Such ar-
guments occasionally pass unnoticed. Jones
y. Boston Elevated Railway, 211 Mass. 552,
98 N. EB. 506; Chase v. Boston Elevated Rail-
way, 282 Mass. 133, 137, 122 N. E. 174. Such
conduct cannot ordinarily be counted negli-
gence or incompetence, Irregularities in a
trial are not necessarily prejudicial errors.
Commonwealth v. McConnell, 162 Mass. 499.
89. N. E.107 |
[16-19] The argument of the district at-
torney shows no such appeal to passion or
abuse of the defendant as affords warrant
for belief that prejudice resulted. Comment
unfavorable to the conduct or character of
the defendant so far as founded on the evi-
dence of course constituted no error. Incom-
petent or immaterial evidence, when admitted
without objection, is entitled to its probative
force and may, be made the subject of proper
argument. Hubbard v. Allyn, 200 Mass. 166,
171, 86 N. FE. 356. It is only when the argu-
ment is unfair, prejudicial and unwarranted
that it is ground for exception. Buckley v.
Boston Elevated Railway, 215 Mass. 50, 102
N. E. 75; London y. Bay State Street Rail-
way, 231 Mass. 480, 121 N. E. 894. Common-
wealth v. Cabot, 241 Mass. 131, 147, 135 N.
F. 465. Seasonable objection and exception
to improper argument of counsel should be
taken. Commonwealth vy. Richmond, 207
Mass. 240, 250, 93 N. E. 816, 20 Ann. Cas,
1269: Commonwealth v. Hassan, 235 Mass.
26, 83, 126 N. BE. 287; Commonwealth v. Hom-

vate. There is no presumption one way or the
other.”

There was no error in the charge in this
particular, It is not intimated that in the
circumstances here disclosed the motion
ought as matter of law or of sound judicial
discretion to haye been granted even if the
testimony now criticized, had turned out to
have related to statements of the defendant
to. his wife when no one was present.

[21, 22] The denial of the request ‘that new
trial should ‘be granted because of evidence
touching financial relations between the de-
fendant and his wife, whom he married in
Montreal after the alleged murder, because
of the argument based upon it by the prose-
cuting officer and because of the failure br
the fudge to make specifie charge upon ft.
shows noerror, All these matters could have
been made the subject of exceptions at the
trial. Commonwealth y. Teregno, 234 Mass.
56, 124 N. E. 889. The evidence may have
been desired by the defendant as showing
the underlying motive of his wife in volun-
teering to testify against him or for other
reasons. And the evidence was entitled to
its probative force in any legitimate direc-
tion. Mubbard vy, Allyn, 200 Mass. 166, 171.
86 N. FE. 356.

[23] The jury took a view of the place
where {it was alleged that the murder was
committed and where the hody of the person
who was murdered was found. To permit
a view was within the discretion of the
court. Commonwealth vy. Chance, 174 Mass.
245, 247, 54 N. FE. 551, 75 Am. St. Rep. 306.
The defendant did not accompany the
jury on the view. The judge well may hare
believed that the defendant waived his right
to go on the view and have discredited the
affidavit of the defendant to the contrary.
Commonwealth y. Russ, 232 Mass. 58, 70, 122
N. BE. 176.

[24-27] It is urged that, since it has been
held that information gained by a jury on 2
view may be treated as evidence (Tully v.
Fitchburg Railroad. 134 Mass. 499, Smith yr.
Morse, 148 Mass. 407. 410, 19 N. F. 393, Me-
Mahon y. Lynn & Boston Railroad. 191 Mass.
295, 299, T7 N. E..826), therefore the defend-
ant must be present at the riew. The word
“view” expresses by its own natural signis-

monwealth v. White. 147 Mass. 76, 16 N. FE. er, 235 Mass. 526, 536, 127 N. B. 517. cation its present meaning when used with

to be given, and judgment as to results likely

707; Commonwealth v. White, 148 Mass. 429,
19 N. 1. 222; Commonwealth v. Rest, 181

paras

Mass. 545, 63 N. E. 1073.

[12,13] Numerous requests were made for
findings of fact. The judge was not re-

to follow, is generally fraught with difficul-
tv. Methods differ. There are divergent
theories as to the wisdom of insistent con-
formity to every technical rule of evidence.
Fren tenable. objections sometimes are not

quired to make findings of fact. WWis.duty Ee in tae belied teak aah a ee

[20] It is argued that a private conversa-
tion between husband and wife was admit,
ted without objection. That fact is not
established on this record. The nature of
the conversation to which reference is made
whether telephonic or face to face, does not

reference to a trial in court. When a jury
takes a view {it goes to the place where the
main event involved in the trial occurred in
order that the jurors may inspect the land.
the building, the machine or the other emi-
cial thing about which will center a consider-

able part of the testimony. Its chief purpose
fs to enable the jury to understand better
the testimony which has or may be intro-
duced. The essential features may be point-
ed out by the counsel. No witnesses are
heard. The oath to the court’ officers hav-

was to pass upon relevant requests for rul-
ings of law and to decide the motion for new
trial. So far as facts are concerned, ed

mination was final. Davis v. Boston Ele-
Sad Railway, 235 Mass. 482, 494, 495, 126 Experience,
N. B. 841.

{14] Much stress has been put upon the al-

stamp it as private. Conversation between
husband and wife may be private or in the
Presence of others. As was said- by Chief
Justice Holmes in Nichols y. Rosenfeld, 181
Mass. 525, at 526, 63 N. HD. 1063:

able verdict is more ‘likely without them.
Sce, for example, Bemis’ Report of Trial of
Dr. Webster before the Full Court, p. 4A.
capacity, industry, . alertness,

ake :
faithfulness, learning, and character m ‘
great differences in the efficiency of different ;


478 140 NORTHEASTERN REPORTSE

ing charge of a jury on a view is to the ef-
fect that no one shall be suffered to address
the jury. There can be no comment or dis-
cussion. The jury can simply use their eyes.
They can obtain information only through
sight. One or two attorneys representing
both the commonwealth and the defendant
go on the view, it being permissible to them,
in the presence of each other and of the offi-
cers of the court, merely to point out to the
jury “marks, matters, and things,” but not
otherwise to speak to the jury. The things
thus seen by the jurors could not well be
banished from their minds. A view often
dispenses with the necessity of detailed de-
scription by plan or word of mouth. Inevita-
bly that which the jury see on a view will
be utilized in reaching a verdict. Jn that
sense that which is disclosed on a view is
evidence. It is rightly described as such.
xpressions to that effect are in numerous
decisions. Tully v. Fitehhurg Railroad, 134
Mass, 499; Smith v. Morse, 148 Mass. 407,
410, 19 N. EB. 393; Parks v. Boston, 15 Pick.
198, 209. McMahon vy. Lynn & Boston Rail-
road, 191 Mass. 295, 77 N. PF. 826. In an-
other more strict and narrow sense a view
may be thought not to be evidence. Plainly it
{s not testimony. Itis not given by witnesses.
It is not offered in the presence of the judge
presiding at the trial. In general, evidence in
a jury trial can be given only in the presence
of the judge, whose duty it is to be present
and to be the directing mind over whatever
goes on. The place of trial is not changed
while the view is being taken. The trial is
merely suspended. It is a part of the right
of trial by jury as established by the law
of this commonwealth that each party Is en-
titled to the assistance and protection of the
judge throughout the trial. In this aspect
the idea of testimony being presented in the
absence of the presiding judge is in conflict
with fundamental conceptions of trial by
jury. Whitney v. Wellesley & Boston Street
Railway, 197 Mass. 495, 502, 84 N. HE. 95;
Opinion of Justices, 207 Mass. 606, 94 N. FE.
846; Posell v. Ilerscovitz, 237 Mass. 513,
515, 1380 N. EF. 69. Moreover things scen at a
view cannot be witnesses in any accurate def-
inition of that term. That which is disclosed
by the organs of vision on a view by a jury
is mute and generally inanimate. That in
this strict sense the view is not in the same
eategory as that commonly termed evidence
is manifest from the fact that the practice
1s firiuly established in cases where otherwise
that course ought to be followed, of granting
motions for new trials even though there has
been a view and of refusal by this court, to
deal with exceptions on the theory that the
jury may have thus acquired material in-
formation not disclosed on the record. Rigg
vy. Boston, Revere Beach & Lynn Railroad,
158 Mass. 309, 38 N. 1. 512; Munroe v.

(Mass,

Mass. 437, 438, 68 N. E. 840; Albright v.
Sherer, 223 Mass. 39, 111 N. ©. 71L

The practice in recent years in capital
,cases doubtless has been to inquire of the
prisoner whether he desires to accompany a
jury on the view. But the actual prac-
tice as disclosed by highly important capital
trials has been that the whole subject has
been treated as a function of the court. In
Commonwealth v. Webster, 5 Cush. 295, 52
Am. Dec. 711, the jury were sent on a view
without any expression of desire on the part
of the defendant and against the objection of
his counsel, In Commonwealth v. Knapp, 9
Pick. 496, 515, 20 Am. Dec. 491, the jury was
taken on a view with the consent of the de-
fendant. In neither case was anything said
to the defendant by the court indicating
that under any circumstances he could ac-
company them. It would be difficult to think
of two capital cases tried by more able coun-
sel or presided over by judges of greater
learning or of higher passion for justice.
They were both tried before the full court.
See Commonwealth v. Phelps, 210 Mass. 78.
82, 96 N. E. 349. 87 L. R. A. (N. S.) 567.
Ann. Cas. 1912C, 1119. They must be taken
in this respect to state the correct practice
in this commonwealth. The question whether
a view should be taken was plainly decide!
after deliberation by the court. Althoug!
there is no discussion of this point in either
of those decisions, it is unthinkable that any
matter of fundamental right should have es
caped the attention of the justices then com-
posing the court.

There are obvious practical objections t°
the contention that as matter of right 1
defendant in a criminal case may accompany
the jury on a view. The whole subject rest-
in the sound discretion of the court. Tha’
discretion commonly and wisely has heen et
erciscd so that the defendant in a criminal
case does not accompany the jury on a view

Plainly whatever rights the defendant ha’
could be waived by him. Apparently the
judge found they were so waived in the cas*
at bar. Valdez v. United States. 244 U. §
432. 37 Sup. Ct. 725, 61 LL. Ed. 1242; People
v. Thorn. 156 N, Y. 286, 50 N. B. 917, 42 1. R
A. 368; State v. Slorah, 118 Me. 203, 215, 216
106 Atl. 768, 4 A. L. R. 1256: Blythe v. State
47 Ohio St. 234, 24 N. EB. 268; State v. Su
ber, 89 S. C. 100, 71 S. F. 466: Shular vy. State.
105 Ind. 289, 4 N. BE. 870, 55 Am. Rep. 211:
State v. Congdon, 14 R. I. 458.

It follows that the constitutional right of
the defendant ‘‘to mect the witnesses against
him face to face” was not violated. Article
12. Bill of Rights; Commonwealth v. Slavek!
140 N. FE. 465.

Here again the discretion of the trial judge
would control on a motion for new trial be
cause constitutional rights must be seasona-
bly asserted even in criminal cases. Lebowitch

Qn

Carlisle, 176 Mass. 199, 57 N. E. 332; Wil-] Petitioner, 285 Mass. 357, 363, 126 N. E. Sl.
liams y. Citizens’ Electric St. R. Co. 184]

It follows from what has already been said

Meeeitatie Mane meee HO

“lscovered evidence has been held in criminal

Mass.)

COMMONWEALTH y. DASCALAKIS 479

(140 N.E.)

that manifestly absence of the defendant
from the view taken by the jury was no vio-
lation of G. I. ¢. 278, § 6, to the effect that:

“A person indicted for a felon
: t y shall not
be tried unless he ig personally present during
the trial.”

[28] In capital cases at the a r

time the defendant has a right a
unsworn statement to the jury. Common-
wealth v. McConnell, 162 Mass. 499, 39 N. E.
107. That, however, is a right which may
be waived. Such waiver necd not be ex-
pressed by the voice of the defendant. If he
were dumb or ignorant of our language there
would be difficulty about intelligible expres-
‘lon of that nature. Such waiver may be
stated by counsel. There fs nothing on this
record to show that the judge in denying the
motion for new trial did not find intelligent
intention on the part of the defendant not to
‘ddress the jury.
[29] No error is disclosed so far as the mo-
‘fon for new trial rests on allegations of new-
ly discovered evidence, There was testimony
at the hearing tending to discredit one of the
‘{tnesses on whom at the trial some reliance
‘vas placed by the commonwealth, and to con-
‘radict one or more other commonwealth wit-
‘esses. This evidence on the printed record
seems to us to fall far short of shaking the
‘indamental grounds upon which the verdict
of guilty probably was rendered by the jury.
Rut the presiding judge saw all the witnesses
and heard them testify at the original trial
‘nd at the hearing on the motion for new
‘rial. He is in far better position to deter-
une the genuine merits of his newly discov-
‘red evidence than are the justices of this
~urt who must depend upon the printed
—_ We should not be inclined to set aside
"8 decision on this matter even if it seemed
‘uch less clearly right than it appears to us
‘o be. Motions to set aside a verdict on this
‘round ordinarily rest in the sound judicial
‘seretion of the trial judge. It is his func-
‘lon to decide whether that which is alleged
‘0 be newly discovered evidence is in truth of
‘hat nature, whether it is credible in charac-
‘er, whether it relates to vital aspects of the

considered.

length which might have been summarily dis-
posed of under the established rules of law.

cases to be not of sufficient weight to be wor-
thy of consideration in view of the over-
whelming force of evidence for the common-
wealth. Commonwealth y, Waite, 5 Mass
261; Commonwealth y. Green, 17 Mass. 515.
If it be assumed that all the evidence refer-
red to in the motion was found to be newly
discovered and pertinent, there was no error
in denying the motion,

[30] There is nothing in the record to sup-
port a contention that rights of the defendant
under the federal Constitution have been
violated in any particular. His trial has
been full and fair according to the law of
this commonwealth. He has been accorded
due process of law in every particular. This
point, although raised below, has not been
argued in this court. It might be treated as
waived. It is without merit.

The request for ruling that a new trial
ought to be granted hecause of violation of
treaty rights between this nation and Greece
has not been argued. It may be treated as
waived. It does not appear on this record
that the defendant is a subject of Greece.
No treaty provision has been called to our at-
tention. We have not been able to find any
which can possibly be thought to have been
violated. The murder here charged was

committed in Boston in this commonwealth.
There was evidence tending to show that the
defendant was there at the time. He has
been accorded every right in his trial to
which any citizen or alien is entitled accord-
ing to the law of the land. There is no mer-
it in this request.

The errors allezed to have been committed

by the judge at the trial do not require dis-
cussion. Of course it was his duty to see
that there was a fair trial. ;
Boston Elevated Ry., 198 Mass. 499, 515. 84
N. E. 849; Commonwealth y. Cahot 241
Mass. 131, 146-151, 135 N. BP. 465. That du-

ty was performed so far as di
os Sey Sclosed on this

Plummer y.

Every point raised on this record has been
Some have been discussed at

‘nse, whether it is merely cumulative, and | N0 error of law is disclose

whether on a survey of the whole case a mis-| Wests for rulings of law ah est
onan of justice will result if a new trial is} The overruling of the motion for new ‘trial,
2 kranted. These considerations are likely |S far as it rests upon principles of law.
ws © More accurately weighed and a wise | Shows no error and, so far as it rests on oth-
wh just decision rendered by the magistrate | €T stounds, was within the discretion of the
; © presided throughout the trial than by | trial judge. The record is bare of any indi-
ny one else. Commonwealth y. Borasky, 214 | Catton of abuse of sound judicial discretion

Mass. 313, 322, 101 N. E. 377 and cases there

[31] The case ig rightly before us on the

con pg Commonwealth v. Turner, 224 Mass, | two bills of exceptions, Appeals bring before
pets od oo gag” ag Bmp sing y. | us only errors of law apparent on the record
» 202 Mass, 58, 83, 122 N. E. 176; Davis | Plainly nothing is before us tt
eee Rerrny, 235 Mass. 482, | Commonwealth y. Phelps 210 Mass ‘a,
, 126 N. BE. + Berggren v. Mutual Life|N. B. 764; Boston, Petit, 203
Ins. Co., 231 Mags. 173, 176, 177, 120 N. B. 402, | 111 N. E. 412, ee oe

N often has happened that confessedly newly

Appeals dismissed.

Both bills of exceptions overruled,

elk oe ie


ERN REPORTER

140 NORTHEAST

Tewls vy. Carter,
The present cise is an
it continues to
f the district attorney to
wealth in respect to
The defense of a
r, which can be
comes within the
the attorney general or
y no means fol-
an be entered
ther litigation
tion after sen-

er G. L. @. 278, § 29, tinue after a sentence.

99 ¢, 608, er

be granted und

illustration where
be the obligation 0
represent the common
these bills of exceptions.
tion for a writ of erro
brought only after se
jal cognizance of
a district attorn
alth | lows tha
merely because th
o|concerning & criminal prosecu

y writ of error
72 Mass. 264, 52
0 Am, St. Rep
nwealth, 224
an unexecuted sen-
fore the end of the
Ith v. O’Brie

(Murphy v. Co
N. EB. 505, 43 L.
Walsh vy. Commo
39, 112 N. B.
tence may be rev
sitting (Commonwea
37, 55 N. E. 466;
187 Mass. 288,
vy, Weymouth, 2 Allen,
These judicial
the power of tl
a nolle prosequ
its beyond thos
sentence until rever
ed by the law, stan
binding upon everybody.
things the pow
cannot continue &
court to deal with th
jurisdiction is over.
It is the implica
Mead, 10 Allen, 39
a nolle prose

ey. But it b

977; Commonwe le prosequi ¢

144, 79 Am. Dee.
have no relation t
er to enter | tence.

It is not necessar
The | exercise 0
provid- | wou

ne prosecuting oflic
i, and do not exte
e normally establishet
sed in some way
ds as the final judgmen
In the nature ©
rosecuting officer
fter the power
e case under its genera

y to consider wh
f nolle prosequi
flict with the pa
2, ¢. 2, § 1, ar
ernor acting
t of the Council.
inquiry whether
e motion by the
for sentence.

the motion to revoke sen-
nd that no error
tion of the judge

rdoning pow-

ested by part
tution in the Gov
e advice and consen
Nor is there
}| that power en
prosecuting officer
It follows that
was denied rightly a
is disclosed in the ac
in respect thereto.
Numerous exceptions we
ing the motion for a new
1923. It is assumed in favo
ant that his mo
were allowed rig.
ed on all ground
tion and the sever
There are allege
trial nine main grounds.
One group r
in connection wit
lates to newly

ion of Commonwealth
7, 398, that the entry 0
t be made after judg-
eh motion for new
ending In this cour
the opinion in Com-
411 Mass. 439, pro-
t but for an ena-
tion could be enter-

re taken concern-
trial on April 7,
r of the defend-
end that motion
Hhtly. The case is consider-

capital case Pp
made before sentence,
monwealth v. McElhaney,
ceeds upon the theory tl
bling statute no such mo
tained after sentence.
[8] The execution
to the executive dep:
Warrants in capital
Governor until St. 18
§ 43; Costley Vv.
Doubtless th
force the execu
ate process, but execu
its essence an exe
not a judicial function.
sentence has be
methods of relief
ant in a criminal case:
trial under the statute,
242 Mass. 427, 136 N.
(3) appeal for clemency
No one of these
rosecuting oflicer pow
long as the sen-

g stated in the original mo-

al amendments.

d in the motion for new
These fall into

elates to matters

ee RED ETO Jee IS ms cei at

he

ence belongs
artment of government.
issued by the

wo groups.
76, ¢. 166. G. Ih &. 279, se
onwealth, 118 Mass. | phe other group re
e court has power to en-
‘e by appropri-

which occurred

motion and the
ded apparently
tter of right

tion of sentenc ing upon the
e bar proceet
tention that as ma
in a criminal case may re
a motion for a new trial to
e of the trial in or
er any error of law
That contention is
29, as amended by

{9] The hear
argument at th

wisctese a
ministerial an upon the con

en pronounced three
alone are open to a

the court upon
review the entire cours
for neW | ger to determine wheth
9 has been committed.
(2) founded on
St. 1922, ¢. 5
“The superior co
which an indict

Commonwealth v-

G. L. ¢. 278, §
08, to the effect that:

at the sitting in
t is tried, or
tal eases within
before sentence,

he defendant, grant a
which by law a new
d, or if it ap
tice has not been done.

writ of error,
the Governor.
fers upon the Pp
enter a nolle prosequi so
tence stands.

It is indubitable
dictment against t
final judgment long
under review to
v. Pelletier, 240
B. 407, and cases t
for the execution of
the proper officer and the
ent in January
It is by virtue of e
execution of the sen

It well may be tha
the duty of the prosecu

methods con-

n this record that the in-
his defendant

before the incide
General | court that jus

0, 311, 1384 N.

motion in writing ©

had gone to | new trial for any cav

Mass. 264, 31

here collected. that the words “if it appears

at justice has not been
in addition to oth
h by law a new trial may
d and require an ex
a of the trial, or 50
t desires, by the
by this court on excep

issued to | to the court th
copies require
of the current year.
tion that the ed, an
tence has been respited.
t in certain eonnection
ting officer may con-

f the entire recor

superior court, and

”

COMMONWEALTH v. DASCALAKIS

tions, in order to ascertain whether justice
hes been done, That contention is unsound
for several reasons.

In the early and leading case of Common-
wealth v. Green, 17 Ma
ed that power existed in this court at ¢
and without an enabling statute
ew trial in a cap-
“prisoner should

‘he word “or” in the phrase of the statute
authorizing the granti
“for any cause for which by law a new
or if it appears to the court
that justice has not been done,
often indicating disjunctive clauses,
nor’s Case,.217 Mass. 86, 104 N. E. 339, L.
R. A. 191G6A, 363, in the light of the history
of our Jaw as to motions for new trials can-
not be construed as adding any new cause
for setting aside a verdict.
doubtless was enacted out of excess of cau-
ain that the court of com-
hich alone in it
d, St. 1831, ¢. 113, §
d consideration

ng of a new trial,

may be granted,
ss. 515, it was decid-

to grant a motion for a 2
{tal ease, in order that a
be indulged with another oppor
save his life if anything h
the trial which rendered dou
e legality of his conviction.” The
ain in other places by ref-
” and “public justice” that
based its conclusion on the accom-
that is to say, when
dered in 1822, this
exercise of its common
risdiction and duty grante
criminal, including eapital, cases,
ustice had not been done.
s saying that verdicts
d new trials granted
t that justice has
g of motions for
in 1833 by Chief Jus-
14 Pick. 494,

ad occurred upon
btful the jus-

The statute

tion to make cert
mon pleas, to W
form the statute applic
3, should not forget the broa
of the requirements of justice in
risdiction over motions for new trials,
y been declared by this
court in Commonwealth v. Green, 17
as one of its guiding principles in deal-
ing with the subject 0
statute had other ends

that courts other than the
Court possessed the power,
Commonwealth v. McElhaney,
Mass. 439; Commonwealth v. Rollins,
Mass. 427, 136 N. E. 360.

[10,11] It has bee’
both under the statu
respecting motions for
amine anew the origina
tion of errors which might hav’
by exceptions taken at the
monwealth v. Morrison, 134
was said at page 190:

opinion makes pl
erence to “justice'

plishment of justice;
that decision was ren

which had alread
d new trials in

vinced that j
was the same thing a
would be set aside ani
if “it appears to the cour
not been done.”
new trials, it was said
tice Shaw in Cutler v. Rice,

in making clear
Supreme Judicial
as already point-

rn

ao iy

broken practice
te and at common law
new trial not to ex-
1 trial for the detec-
e been raised

the power of the
the plain and man-
ce require it,
be so exercised, as to en-
gligence or fraudulent con-

“We know of no limit to
court so to interpose, where
ifest dictates of jus
that it shall never
courage or shield ne
trivance, in the conduct 0

Mass. 189, it
These words were used in a civil cause
and without reference to any st
doubtless state a general princi
ble alike to civil
the decision of Commonwe
Mass. 515, the Legislature
remedy of motion

time within which
lowed, and from ti
doubt as to the co
cise the power of gran
established no a
granting a new tr
were added by St.
cult to conceive of
trial not comprehen
the decision in Commonw
the phrase of the statute.

in precise language
court acted without any
grounds are no broader under th
than without it.
494; Greene v. Farlow,
y. Boston Blevated Railway,
496, 126 N. E. 841. The effect of the pres-
ent statute, so far as concerns the words
“if it appears to the court that justice has
not been done,” is to confer beyond question
upon the superior court the power to grant
new trials for a cause for which this court
as a trial court always had that power.

“These reasons * * * TF
rulings, or omissions to rule,
ress of the trial
the defendant had ful
if she saw fit, but om
motion for a new tri
discretion of the cour
that discretion she ha

elate entirely to
during the prog-
dict, to which
1 opportunity to except,
itted to do 80;
1 was addressed to the
t, and to the exercise of
d no ground of excep-

and criminal cases. Since and before ver
alth v. Green, 17
has enlarged the
trial as to the
it may be filed and al-
me to time has removed
urts authorized to exer-
ting new trials; but
dditional causes for
ial and no other causes
1922, ¢. 508.
any ground for a new
ded within the sweep of
ealth v. Green or
The statute states
grounds upon W

The opinion in that case is brief, but it
nly have been rendered with refer-
mon law or to Pub.
98. then in force, now embo
in St. 1922, ¢. 508, accordin
which, then as now, a new trial must be
t appears that justice has not
Commonwealth vy. Morrison has
s decisions, and it
tice in criminal

trials are ad-

ence either to the com
g to both of
granted if 1

been followed in numerou
has become the settled prac
cases that motions for new
dressed to the discretion of the trial judge
that alleged errors of law occurring at
in capital cases can be review-
Commonwealth v.
363, 5 N. E. 166; Love-
d, 200 Mass. 142, 144,.85 N. E.
Rivet, 205 Mass. 464,

Cutler v. Rice, 14 Pick.
188 Mass. 146; Davis
235 Mass. 482,| the trial even
ed only on excepti
Ruisseau, 140 Mass.
land v. Ran
948: Commonwealth v.
91 N. E. S77; Commonwealth v. Borasky,
1, 101 N. BE. 877; Common-
229, 238, 112 N.

214 Mass. 313, 3%
wealth y. Turner, 224 Mass.


(Mass,

p 140 NORTHEASTERN REPORTER
47
timony, and while
to better understand the tes .
counsel are permitted to point out marks, _—
ters, or things, there can be no tag or dn
discussion, and the jury can obtain info
tion only through sight. eek
i or
Ed. Note.—For other definitions, see W
“a Phrases, First and Second Series, View.]

2(7)—Defend-
. Criminal law @=—636(5), 66 7 E
gt not entitled, undor Constitution or stat

appeals and brings exceptions, Appeals dis-
missed, and exceptions overruled.
See, also, 187. N. BH. 879.

Henry P. Fielding, Asst. Dist. Atty., of
alth
hester, for the Commonwealth.
ten P. Feeney, of Boston, for defendant.

RUGG, C. J. The defendant was convict-
ed of murder in the poiewl ~~. = g Alege
te, to be present at view returned on a petit Md —
a i j it ras filed and after he g wa
Jhile i itn obtained by jury on &| trial wa we : cages
i Seren nataggegpen sense, it is not evidence on June 23, 1922. gare bos —
view is e ene et ee . be es ade at the rial. age
: fi 3 » th: efendant is entitled to” to rulings me we
ones & i Sonee pt. 1, art, 12, entitling) | orruled by rescript received in the superior
him to meet the witnesses face £0. Sset,.e¥- Ue" court on January 9, 1923. The defendant
i G. L. ¢. 278, § 6, providing that person pea then on January 16, 1923, sentenced to
i must be personally present, | ser enabeant Sanned toe. tn
tried for felony sts in sound| death. On that da 3 : piles
and whether he shall be present rests sch ctiee oe tha naatasee, which seen ly
; i y on
discretion of the court. cred to the sheriff. Copy thereof hg nae
26. Criminal law ¢=2636(5)—Defendant’s right) ;,o warden of the oe ee a
"to be prese i bo waived. sopy of the whole record including
to be present at vicw could copy rd in ig lane
“lw iv to the Governor o
Yhatever rig lefendant had to be pres-|was delivered i nor :
toa ve a 4 by jnty in murder cas@ | monwealth. G. L. c. 279, §§ 43, 44, 45, =
seala be valved ‘by hin : Subsequent proceedings have occurred
gata court. The execution of the sentence er
27. Criminal law ¢==1030(2)—Rights must be been respited by the Governor until July i,
seasonably assorted. bly | 1923. On March 21, 1923, motion for new i"
Constitutional rights must be seasouably at om the ground of mewly discovered e
asserted, even in criminal cases, dence was filed by leave and = por
<8. Crimind: law C= 668—Rigit to mks cai following day. On March 23, 1 : a a
sworn Sictoment may be wroived ed COUTISSI, <r -seenk jerked. That was heard by th full
apital enses, defendant at the appro- ourt and on Apri ; 23,
a as ea cick to make unsworn state- sntaned that the judgment stand.
faeht to the jury, but the right may be waived, Up to this time the defense had been con-
sid: sinc waiver ony Wy-akated. be connegh ducted by an attorney or attorneys Po me
afte ifferent counse
29, Criminal law €=71155(3)—Moilon for new by the court. Thereafter —_— “ evan
trial ewly discovered evidence addressed | represented the defendant. He filed 0
iy =e discretion 27, 1923, another motion for a new trial, an
0 cou : : :

Motion to set aside verdict for ps Pa
covered evidence ordinarily rests in sounc ih
dicial diseretion of the trial judge, who is ~
ter able than reviewing court to —
whether the evidence wis in fact pid ag
covered, whether it is eredible and relates Pe
vital aspects of the case, or 1s merely ——
tive, and whether miscarriage of justice
result if new trial is not granted.

30. Criminal law G==1178—Point not argued
micht be treated as waived. ae
The contention that defendant's rights un-
der the federal Constitution have been ved
lated may be treated as waived below, iy e
not argued in the Supreme Judicial Court.

31. Criminal’ law @==1134(7)—Appeal brings
up only errors apparent on record.
An appeal in a criminal case brings —_—
the court only errors of law appirent on the
record.

fons from Superior
Appeals and Except '
ad Court, Suffolk County; Patrick M.

Keating, Judge.

ee ee te “To had been pursued. Counsel then withdrew.

amendments to that motion were filed on
Apri 23.

a dies 1923, the defendant filed a mo-
tion to revoke the sentence imposed on coe
uary 16, 1923, on the ground that on Apr
28, 1923, a nolle prosequi of that part of the
indictment charging murder in the first de-
erce had been filed and entered. Concerning
‘the merits. of this motion an agreed state-
jinent of facts was filed in lieu of psig
The substance of these facts is that on Apr
28, 1923, the district attorney and the attor-
ney for the defendant conferred with -
judge who presided at the trial of the ns
fendant, in consequence of which npg
was made by the district attorney that the
sentence be revoked, a nolle prosequi be ed
tered of so much of the indictment as chat
ed a higher crime than second degree aes
der, and the sentence required for aprrn
in the second. degree be imposed. The agri
expressed a tentative purpose to net
procedure in another case, papers in w ns
were sent for and examined, wherein . Ww x
thought that a somewhat analogous cours

convicted of murder in the first degree.

The district attorney signed a form of nolle

review certain proceedings after sentence, he

For other cases see same topic and KEY-NUMBER In all Key-Numbered Digests and Indexes
@—For other

Mass.) COMMONWEALTH vy. DASCALAKIS 473
(140 N,E.)
prosequl to so much ‘of the indictment as 274, and cases there collected; State v.
charged a higher crime than murder in the Thompson, 10 N. C. 613. That power is lim-
second degree, but asking: for‘ sentence ‘on ited, however, after a jury. is impancled.
that part of the indictment which charged | Then the defendant acquires a right to hare
murder in the second degree. Then defend-| that tribuna] pass upon his guilt by verdict
ant signed a statement of consent to the, ac-| and thus secure a bar to another prosecution
tion of the district attorney, but without] for the same offense. That right of the de-
prejudice to any right he might have to pe-| fendant will be protected by the court, <A
tition for pardon:on ‘the ground of innocence. | nolle prosequi cannot be entered after the
Both counsel later returned ° to conference jury has been impaneled without the express
with the judge, to whom the two signed pa-| or implied consent of the defendant. Com.
pers were presented.. He then stated that the | monwealth v.. Kimball, 7 Gray, 328 ;.. Com-
present defendant had been sentenced, dif-| monwealth. y.: Adams, 127 Mass. 15, 19. A
fering in that respect from the case referred | nolle prosequi without, the consent of the
to at their earlier conference, which at first | defendant after the trial has commenced and
he ‘had been ‘inclined to follow, and ‘that the before. verdict has the effect, of acquittal.
motion for a new trial should be heard and Commonwealth v, Hart, 149 Mass. 7, 20 N.
considered.’ The form of. nolle prosequi andj B. 310.
the statement signed by the defendant were [6,7] After verdict the absolute power of
returned, the former to the district attor-| the prosecuting officer to enter a nolle prose.
ney and the latter to the counsel for the de-| qui revives,. This has been said in substance
fendant. in numerous cases. Commonwealth vy. Tuck
The defendant requested Tulings that on} 20 Pick, 356, 366; Commonwealth v. Briggs,
these facts a nolle prosequi of the tenor stat-| 7 Pick. 177; Commonwealth y, Jenks, J
ed had been filed and: that the sentence Gray, 490;

Jennings y. Commonwealth, 105
theretofore imposed be revoked. The re-| Mass, 586; Commonwealth y. Wallace, 108

quests for rulings were denied and the mo-/ Mass, 12; . Commonwealth y. Scott,, 121
tion to revoke sentence was overruled. Mass. 33.

{i] Manifestly no action was taken by the Titherto it has not been necessary to de
judge indicating revocation: of sentence or| fine the limit of time after verdict within
acceptance of the nolle prosequi.. All the} which the power to enter nolle prosequi ma~
proceedings before him respecting the. nolle| be exercised.’ Analysis of the nature of prose
proscqui were in fieri until the expression of! cutions for crime demonstrates that it exn-
his final view in effect that it could not be| not continue after sentence. A nolle proseeui
countenanced. Whatever occurred before is formal expression: of ‘a determination
that was on the part of the judge in the na-|on the part of the attorney general or the
ture of inquiry, suggestion or remark, in-| district attorney that: he will not further °
volving no conclusion and subject to modifi- prosecute the whole or a separable part of a
cation or entire change on further reflection | criminal proceeding. The very nature of the
and investigation. Commonwealth vy, Rice,}term shows-that it eannot spring: into ex-
216 Mass. 480, 482,104 N. FB. 347; Waucan- istence until a criminal proceeding has been
tuck Mills. v. Magee Carpet Co, 225 Mass. commenced by some process in court, either
81, 113 N. BE. 573. complaint or indictment. It cannot remain

[2] The power of a prosecuting officer to} in existence after a criminal prosecution has
enter a nolle prosequi is extensive: within | come to an end. The power of the court

its sphere. He acts on his official. responsi-
bility. He alone is answerable for the exer-
cise of sound discretion. A description of the
power of nolle prosequi as absolute doubtless
may be found in numerous decisions where
the point to be decided did not involve con-
sideration. of its limitations. But there are
limitations arising from the nature of crimi-
nal pleading, the constitutional or inherent
rights of a defendant,..and the character of
Prosecution for crime, :

[3-5] The offense charged cannot be chang-
ed by an attempted nolle prosequi. Common-
wealth v. Dunster, 145 Mass; 101, 13 N. EB.
850; Commonwealth -y. Wakelin, 230 Mass.
567, 572, 120 N. Ey 209. Power to enter a
Nolle prosequi is absolute in the prosecuting
officer from the return of the indictment up
to the beginning of trial, except possibly in
Instances of scandalous abuse of authority.
Attorney General v.. Tufts,;: 239 Mass... 458,
538, 131 N. B. 573, 182 N. E. 322,17 A. L. R.

over a prosecution for crime is bounded by a
final ‘judgment. Sentence is final judgment
in a criminal case. ‘That is the end ofthe
case (except under the law as to suspend»
ed sentences. Mariano vy, Judge of Dis.
trict Court, 243° Mass. 90, 187 N. E. 369),
so far°-as concerns the usual and ordinary
control of the court (Commonwealth' y. Fos.’
ter, 122 Mass, 317, 23° Am. Rep: 326; Com-
monwealth v. Soderquest, 183 Mass. 199, 66
N. E. 801; United ‘States _y. Mayer, 235 -U.
8.55, 67, 85: Sup. Ct.: 16,.59° I. Ed.i 129).
It is in substance the same rule applicable:
to judgment’ in actions at law (Mason y,:
Pearson, 118 Mass: 61; Karrick vy. Wet-
more, 210 Mass. 578, 97 N: E.: 92), and
to final decree in suits in equity (White
v: Gove, 183 Mass. 333, 340,67 N. EB, 3593
Martell v. Dorey; 235 Mass. 35, 39;:126-N. BE.
354). There are ways by which ‘substantial
errors may be corrected ‘after sentence in -ai,

criminal case. For example, new trial may

aed i

0 abet