Massachusetts, K-O, 1857-1988, Undated

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— Dail ee

McGEE, James, hanged at Boston, Massachusetts, June 25, 1858.

"From the BOSTON T RAVELLER, Dec. 15, 1856, = At 8 o'clock this morning, as the convicts in
the state prison were leaving the Chapel after attending a divine serffiice, a prisoner named
James Magee made a deadly assault upon Galen ©, Walker, the Deputy-Warden, which resulted
in the immediate death of the latter. The particulars of the affair are substantially as
follows: The man who committed the assault was employed in the whipeshop division, which
was one of the first to leave the Chapel.

"The other convicts, with the exception of 8 or 10 had passed out, when Magee stepped from
the ranks, and reascending the stairs, passed in front of the Chaplain's desk, in doing
which he handed a note to Reve Mr. Hempstead, the Chaplain, and then handed another to Mr,
Walker, who was standing on an elevated platform, attending the servitese

"As he stooped to take the note, laying his cane across his left arm, Magee sprung fiercely
upon him, grasped him by the shoulder with one hand, and with the other plunged a common
shoe-knife into the left side of the neck of his victim, inflicting a wound about an inch
long and four or five inches dee. Mr, Walker uttered a faint graan, and fell prostrate to
the loor, exclaiming: 'I am a dead man}! The officers had all left the room, whe Mr, Hemp-
stead called to the remaining prisoners to rescue the Deputy; at the same time he grasped
his Bible, the only available weapon within reach, and struck Magee several times over the
head,

"Failing to stun him, he dropped the book and pulled him by the hair until he leésed his
hold of Mr, Walker, “n the scuffle, Mageeinflicted another wound with the knife upon the
Deputy in the abdomen which alone was sufficient to have caused death, Mr, Walker was
immediately conveyed to the inspector's room, but died before reafhing the foot of the stais
"The conduct of the prisoners who were in the room at the tim of the occurrence was most
exemplary. Recovering from their surprise at the sudden attack upon the Deputy Warden,
they, at the call of the Chaplain, seized and held the assassin until the officers reached
the spot and relieved them of their pfisoner, |

"Mageeis serving a sentence [6 12 years for attempt to mrdkr his wife in Boston in 1851,"
TIMES, New York, N. Y, 12-17/1856 (2/6)

"Boston, Friday, June 25, 1858-James McGee, alias McKee, was hung,at 10 o'clock today, in
the Rotunda of the Jail, for the murder of Deputy ‘arden Galen Walker, in the State Prison,
about eighteen months ago. Three to four hundred persons witnessed the execution, McKee
was attended by the Rev. Mr. Stickney, who offered a prayer, and read the service of the
Episcopal Church appropriate to the occasion, McKee remained stolid and indifferent, as
he has been since the sentence, After being pinioned and seated on the trap, Sheriff

Clark read the deathwarrant and informed theculprit if he had anything to say, an oppore
tunity was now offered, He remained silent, The black cap was adjusted, the drop fell,
and he died without a struggle," TIMES, New York, N, Y., 7-26-1858 (1/3. )

"Boston, Saturday, June 26, 1858-McUee, or McKee, who killed Mr, Walter at the Charlestown
State Prison eighteen moths ago, was hanged yesterday in Suffolk Count Jail, at 10302 A.Mey
precisely. There was a select party of 100 persons present to see the'spectacle,'and I must
suppose they enjoyed it, for no one not forced by duty to "assist! at such a proceeding woul
attend it unless his nature is essentially brutal, Thovgh not quite so hardened as Master
Bernardine, nor so desperately mortal as that worth, McGee was not a good specimen of a |
penitent. Several excellent clergymen laboured very assidiously to bring him to repentance,
and they were admirable seconded by his able counsel, Mr, Wakefield, but all to lLittlepur-
pose. His whole conduct leads to the conclusion that he was insane, and that what was re-
garded as shamming was really proof of a mind diseased, That the authorities strangled a
cuazy man, I have no doubt whatever, He was put to death in order to lessen the cowardly
fears of selfish officials, who will be not in the least safer because of this piece of
judicial butehery having been perpetrated," TIMES, New York, 6-30-1858 (2/1. )

"A report of the POS! MORTEM examination of the State Prison murderer, Magee, lately hung
in Boston, published in the MEDICAL AND SURGICAL JOURNAL, suggests the idea that Magee was
not killed by the hangmants rope, but by the scalpel of the surgical operator; that enough
life remained after the hanging for proper appliances to have fanned into an active flame.
He was cut down from the gallows at 25 minutes past 10 and the doctors at once began opera-

tions upon the body, At 11:30, a regular pulsatory mo nt t
p y om 3 2 p ry movement wa qund. be Precerse the

heart itself, whic ve a distinct and regular single beat, with as
times a minute," TIMES, New York, N. Y., 8/2/1858 ( 3-2.)

imu


MgGEE, James, white, hanged Boston, MA on June 25, 1858

' _ > <i> (ieee

“ Snocxine Murper or a Prisés Ketten.—The
| Muassachosetts State Prison was again made the
theatre of a dreadful inurder on Monday morning
last. The circumstances are substantially related
by the Burton Juurnal as follows:
| The vaual morning religious services in the
‘chapel of the prison had closed, and the prisoners
had nearly all left the apartment. Amongst those
whodescended the stairs was a convict named
James Mayee. He was presently seen to retorn
and walk up to the stand, where, according tu his
Gaval custom, etood depnty warden Walker, snper-
intending the movements of the prisoners as they
left the chapel. Magee caught the eye of the dep-
uly warden, and extended towards him a slip of
paper, which Mr. Walker stooped to take, and
while 60 doing Magee seized him by the arm, and
with» surely directed bund plunged a knife into
hia nech, under his left ear, severing tho jugular
vein, aod progocing death within three minutes.
At the moment of the wound Mr. Walker grappled
with the prisoner, and received aleo m atab in the
groin and one inthe left breast. The Chaplain of
the prison, Rev. Mr. Tlampatead, roshed to the
rescue, struck Magee with the chapel Bible, and
then eaized him by the hair of the head, confining
hia vail the wrrival of farther ald, when Magee
was put tn irons and conveyed fo a dungéon.— Mr.
Walker was Immediately borne from the apartment,
but life was extinet, The deed was committed
with & common bhoe kalfo sharpened af'the polnt.
No cause ia assigned, other Men gome trival grudge
edternained by Magee, _ : ,

; Jad Se Ea ee


OS Se

es Eke EES

MAN, hanged Boston, Mass,,

lien i Se ee

1670

314 SALEM QUARTERLY COURT [Nov.

John Newell brought into court an inventory* of the estate
of John Sanders, deceased, which was allowed.

The remaining part of an inventory of Mr. Samuell Simonds,
jr., was brought in and filed with the former part in November
court records, 1669.

Mr. George Keaser, constable of Salem, brought in a charge
of 35s. for seizing the cocoa, according to a warrant from the
Deputy Governor and Assistants; also a charge of 25s. 6d. about
the person who was taken up and imprisoned and afterwards
broke prison and was lately executed for theft. Both accounts
were allowed and the treasurer was ordered to pay the said sums.

Mr. George Keaser, constable of Salem, brought in a charge
of 26s. 6d. for several disbursements, which were allowed.f

Whereas at the last Ipswich court, a request was presented
from the selectmen of Salem for allowing Anthony Ashby to keep

Sworn, 29 : 7 : 1668, before William Hathorne, assitant. Copy
made by Edw. Rawson,t secretary.

*Inventory of the estate of John Sanders, deceased, brought
in by John Newell of Lyn: Cow, 3li.; goods left with me, 1li.
12s.; owing me, 3li.; paid to John Hathorne, 7s. 5d.; to Jasper
Griffin, 6s.; to John Ballard, 5s.; to Nathaniel Ballard, 4s. 6d.;
to John Bread, 2s.; owing to myselfe, 2s. 6d.; for waying and
loading of a load of hay, 1s.; total, 4li. 8s. 5d.

tConstable Georg Keysar’s disbursements on the county’s
account; hue and crye sent to Lyn from Mr. Symonds for Nicho-
las Vanden, servant to Robert Crosse, of Ipswitch, with an Iron
about his neck, dated 30 : 6 : 1669, 2s.; one hue and crye from
Roger Plaisted, Comr., for William Wheeler, for breaking prison
and running from under the hand of authority, being taken on
suspicion of committing rape, dated 3 : 4 : 1670, 2s.; to Charles
Hill for whipping several persons, 12s.; whipping four persons
last Salem court, 10s.

Disbursements for seizing the cocoa, by virtue of a warrant
from the Council: for boat hire, 3s.; for 3 mens worke in unload-
ing, landing & carryeing into warehouse 17 hhds. at 3s. p day,
9s.; for one boy’s help about the same one day, ls. 6d.; for
one man’s watching the first day aboard, 2s. 6d.; for my owne
attendance 2 dayes and one night, 10s.; for warehouse roome
to Elder Browne, 7s. 6d.; delivering it out, 1s.

Also disbursements on the person that broke prison here and
was hanged at Boston: for 3 men bringing him from Wenham,
9s.; and because he was unruly and would not goe they were
forced to hire a horse for his carriage, 2s. 6d.

¢ Autograph.

1670]

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itnesses and
the presence
n the house.
re intensive

juiry, a Wwo-
g the dying
or Peterson

‘usumano to
ick with the

upon which
the medical
-onsciousness
he blows on
It would be
n after the
on the left
ld probably

on the little
rgaret Cusu-
was pathetic

tember 18th)
e sea-shore,”
in bathing,
ry and me.
ut dug clams
around near
Harry swam
‘o the house.
to rinse his
a-water and
tairs.

ut his clams
upstairs to
le called to
1 watch the

min a few
ve-cent piece
ore and buy
n about half
id started to
nother’s and
slept, when
yr was locked
ever go into
it 1 and my
imma.” She

to that room

ce up in the
v Harry take
1d unlock the
out the bed-
id under the

rr the candy
n?”
mma told us

blood-stained
to cry.
before, Mar-

d. “Harry
think it was

more ques-
he axe after
the little girl
she replied,

e Cusumano
1 of Number
ith the testi-
witnesses was

District At-
that he was

‘longest mur-

March, 1937

der trial in the history of Plymouth
County began in the Plymouth court-
house, almost within a stone’s throw of
historic Plymouth Rock.

Judge William Schofield presided, and
District Attorney Barker appeared for the
Commonwealth of Massachusetts. The
defense counsel were William J. Coughlin
of Abington and Thomas J. Grady of
Boston.

Curious spectators, augmented by a
battery of camera men and news writers,
packed the courtroom almost to suffoca-
tion, while crowds thronged the corridors
clamoring for admission.

Harry Marshall, resplendent in a box-
shoulder, wasp-waisted suit of vivid green,
sat erect in the prisoners’ cage, obviously
conscious of his importance as one of the
central figures of the occasion. He
smoothed his luxuriant mustache with a
smug air of satisfaction and fussed with
his purple and white striped tie.

Lena Cusumano in an attractive brown
suit and white blouse excited the ad-
miration of men and women alike. She
was a picturesque figure, wearing heavy
earrings with $2.50 gold pieces attached to
gold chains. There was the glamor of
far places in her olive skin, her raven hair
and brilliant dark eyes.

CLOSE at her side and lending her more
support was another picturesque figure,
that of her seventy-year-old mother, Mrs.
Vincenzo Lauro, a bright colored Sicilian
shawl about her head and shoulders. As
various witnesses testified, swift volleys of
explosive Italian were exchanged between
the two women.

Something in their attitude created a
feeling of apprehension among the court
officers and they were closely watched.
All through the trial a deputy sheriff sat
at Lena’s elbow, alert to prevent any overt
act.

The County Jail at Plymouth was less
than a hundred yards behind the old
courthouse, but Lena Cusumano, making
the trip on foot four times daily, was
manacled to a court officer each time.

Marshall, too, was manacled and after
a report had gained circulation that a
group of Sicilians had planned a rescue,
his handcuffs were locked through a
welded ring at the end of a chain. On his
trips to the courtroom a deputy sheriff,
walking six feet behind him, held one end
of the chain.

There were numerous gruesome exhibits
for the edification of the jury—and the
spectators—among them Cusumano’s skull,
bleached and_ polished, conspicuously
placed at the prosecutor’s table. It was
handed about promiscuously and waved
at the jury in oratorical outbursts and
thumped on the table to accentuate the
District Attorney’s arguments.

The greater part of the skeleton of the
victim was also exhibited and the severed
vertebra of the neck was the subject of
sharp tilts between counsel.

Other ghastly exhibits were the red,
blood-stained fire-axe; the blood-stained
log-cabin quilt, which gave the investiga-
tors their first lead, the bloody clothing,

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i hed


AL LD LLU ended g

The. mummif

in its crazy-q
found at lowjt
marked by ag

‘ Hull,. Mass.;

they learned oj
disappeara {
Cusumayg ,

Pate » . m
A a + i) .

“—

squinted his eyes against the glare of the autumn sun.

Ahead of him lay the blue-green waters of Hingham bay.
Through the clear morning air the sound of hammering reached
his ears as workmen boarded up Paragon park in Nantasket,
Mass.

Filling his lungs with the crisp air; the man came down the
steps and set off on a brisk stroll along the beach. As he reached
the northern shore a fluttering piece of white material caught
his glance and drew him down below the high water mark. He
stared curiously at a bulky object wrapped in a quilt and bound
with wire. Apparently it had been carried in by the tide.

The breeze caught one corner of the covering and abruptly
flipped it open. Color drained from the man’s face at what he

Ab HE man came out of his house, paused on the porch and

4 Po sad
me oa, :

PS

Pausin
A. Pet
scene
reache
throug
As (

rch and
aun sun.
um bay.
reached
atasket,

ywn the
reached
caught
ark. He
1 bound

bruptly
vhat he

saw; horror rooted him in his tracks. He found himself staring
into the eyeless sockets of a corpse, a corpse whose face was
shriveled like a mummy’s.

First shock passed and the man wheeled and raced along the
beach. People eyed him wonderingly. The man reached his
house, stumbled up the steps and telephoned police headquarters
at Hull, Mass. ;

Chief of Police Frank M. Reynolds received the message.
Pausing only long enough to notify Medical Examiner‘ John
A. Peterson of the Fifth Plymouth district, he hurried to the
scene accompanied by Officer Harry Tremaine. When they
reached the spot that morning of Oct. 14, 1910, they had to push
through a crowd of shocked onlookers to get to the body.

As Chief Reynolds stooped to examine the grim find a 16-

Search for a clue to the
identity .of the mummy
on the beach first cen-
tered around Paragon
park, left, at Nantasket
beach, Mass. Mrs. Lena
Cusumano, below, told

olice a fearful story
involving the dreaded

sinister Mafia.


ee tern”

:

38

the push-cart, and floor boards from the
chamber in which the State claimed the
murder had occurred.

Much of the testimony was identical
with that which has already been given
so | will not repeat it. In addition there
was the surprising story told the jury by
Mrs. Accuisa de Lagarto, sister of Lena
Cusumano.

Mrs. Lagarto testified that Lena had
confided to her that she had paid $35 to
have her husband put out of the way, and
had stood by while the murder was com-
mitted. She also, Mrs. Lagarto said, de-
scribed how the body was wrapped in a
quilt secured with wire, buried under the
porch and later dumped into the sea.

Further damaging testimony was given
by another woman witness who told of a
dream Lena had said she had concerning
her husband.

“FT DREAMT that robbers had murdered

him,” said Lena, according to this wit-
ness. “and they threw him in the ocean and
he was cut, here, here, and here,” she add-
ed, illustrating with her hands, wounds on
the neck, back and knees. The peculiar
phase of this “dream” was that the cuts
described by Lena, corresponded exactly
with those found on the body.

Then one of the boarders at the Cusu-
mano home testified that Marshall had
confessed to him: “I killed Frank Cusu-
mano and God alone knows about it.”
Subsequently, this witness said, he, and
Lena and Harry had a drinking party at
which Lena had given him some money.

Then the woman who claimed to have
heard the dying groans of Cusumano was
called to the stand.

“What did they sound like?” asked the
District Attorney.

The witness, endowed with a gift of
mimicry, gave three gasping moans, end-
ing in a gurgle which sent a cold chill
down the spines of the jurymen and other
auditors.

Doctor Peterson testified substantially
as has already been told, and then the
State called Doctor George Burgess Ma-
grath, the famous Boston pathologist,
whose testimony was mainly corroborative
of that given by Medical Examiner Pe-
terson.

Witnesses who testified that the body
found on the beach was that of Cusu-
mano were subjected to a gruelling cross-

Master Detective

examination by defense counsel who at-
tacked the identification. They also
charged that the child, Margaret, had
been coached in her testimony. This
charge proved to be a boomerang, for,
when Attorney Coughlin said to her:

“Margaret, you have averted your gaze
from your mother all the time you were
testifying. Don’t you want to see your
mother before you leave the courtroom?”

“No. I don’t want to see my mother.
Not ever,” replied the child witness, de-
cidedly.

On Febryary 26th, the jury returned a
verdict finding each. defendant guilty of

_ murder in the first degree. All exceptions

made during the trial were overruled by
the Supreme Court, and Judge Schofield
sentenced Harry Marshall and Lena Cusu-
mano to death in the electric chair during
the week of June 2nd, 1912.

Mrs. Cusumano was the first woman
ever sentenced to death by electrocution
in Massachusetts and Governor Eugene
N. Foss announced that he was reluctant
to see a woman executed. This started a
mercy campaign. Mass meetings were
held, which included one mammoth
gathering in Faneuil Hall. Resolutions
were adopted asking the Governor for
clemency.

Florence Spooner, “angel of the pris-
ons,” founder of the Anti-Death Penalty
League, and mainly responsible for the
abolishment of dark prison cells in the
state, urged the commutation of the sen-
tence. Another advocate of clemency was
the Reverend William Harmon Van AI-
len, an eminent Boston rector, actively in-
terested in social reforms.

Governor Foss, however, took no action
and Lena Cusumano and her paramour
were removed to the death house at the
Charlestown State Prison.

Two women attendants were constantly
at the door of the condemned woman’s
cell and they said that Lena and Harry
spent a large portion of their time in sing-
ing Sicilian love songs.

On the day before the date arranged
for the execution, defense counsel pre-
sented to the Governor the following affi-
davit signed by Lena Cusumano:

“1 did not hire anyone to kill or hurt,
and I had nothing to do with the killing
of my husband, Frank Cusumano. I did
not know he had been killed until Harry
Marshall came down into the basement

where [| was washing my dishes and
showed me the axe covered with blood.

“Harry Marshall said to me: ‘I killed
Frank. You no speak to me? Just the
same axe, | take off your head.’ I did
not answer. He said: ‘I want to know if
you gotta no money. You gotta hundred
dollars. Give it to me now. Ah, you now
cry! Give it to me!’

“| have money in my stocking. | afraid
and | give him the money. It was hun-
dred dollars. He wanted me then to go
upstairs and help take the body out. Me
say, ‘You done the deed. You take the
body out.’

“He go upstairs alone. When he come
down again, he say the room locked up
and when it got dark he take the body
down and put it in the sand under piazza.

“After ves weeks Harry tell me he
afraid body will be discover. Maybe dogs
find it. About one o'clock one night he
say he going put Frank in water. He
came back about four o’clock and say he
done it.

“Then one day he say they find the
body. He say it is over to Hingham.
They can’t tell it is Frank because he
ain’t got no mustache, no hair, no teeth. |
cry. He say, ‘What you cry for? They
can’t tell it is Frank.’

“When [| give Harry the hundred dol-
lars, he say, ‘Now I‘m the boss of the
house. You keep your mouth shut and
you be all right. I gotta the money now
and if you open your mouth, | put you on
the street and go away.’

“ALMOST every day, he say to me, ‘you
tell anything about it, | kill you.’ |
afraid and | don’t dare tell anyone.”
After reading the affidavit and hearing
the attorney’s argument, the Governor's
council voted to commute the sentence of
Lena Cusumano to life imprisonment and
she was taken from the death house to
the women’s reformatory at Sherborn.
On the morning of June 6th, Harry
Marshall died in the electric chair.
Repeated efforts were made to obtain
a pardon for Lena Cusumano but gover-
nors turned a deaf ear to the pleas until
1930:-when, on Thanksgiving of that year,
Governor Frank G. Allen granted the for-
mer beautiful Sicilian a pardon. Aged,
broken, the once raven hair turned to
gray, she left Sherborn Prison, forsaken
by her children, and friends of other days.

history.

True DereEcTIvE.

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| cigarette paper. That was the clue which enabled officers, through brilliant detective work, to solve the baffling riddle of a forest murder trap. It’s a fascinating
story of outstanding crime detection in the mountain country.

Other smashing stories in the big March issue of True Detective, a Macfadden Publication, include: Carmelo and ‘The Beautiful Tigress”; The Body in
the Pit—Unravelling Colorado’s Weird Death Mystery; Rosalie and the Phantom Gunman—A Chicago Enigma; new revelations in the Gaston Means and
Prison Doctor series and many others. On the news stands—NOW!

: The World's Leading Detective Magazine

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IN THE MARCH ISSUE NOW ON THE NEWS STANDS

| WAS DOOMED TO DIE SEVEN TIMES
| GUS LANGLEY'S OWN STORY OF DEATH CHAMBER HORRORS

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MURDER TRAP!

BAFFLING FOREST SLAYING

&

March, 19

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ian:

that Mascioli had given the impression
that he was a relative of the Cusumanos.

That day, the weather suddenly turned.
The wind came up in a howling north-
easter, and soon huge waves were lashing
the shore. The storm continued for three
days, with heavy breakers pounding to
pieces boats that had not been properly
moored, and a screaming gale that ripped
awnings and tossed about porch furniture.

During the storm, Collins decided to

walk over and make sure that the Cusu- -

‘manos were all right. Leaning against
the wind, he got as far as the house and
no farther. Through one of the windows
he saw Lena and Mascioli locked in a pas-
sionate embrace of a sort not -indulged
in by mere relatives. He decided he had
better not intrude, and turned. back.
‘On: Wednesday afternoon, Roscoe M.
Spaulding, caretaker at a place a mile

away at Sunset Point, looked out over the -

white-capped bay. He saw a bundle toss-
ing about like a cork in the waves. It kept
floating closer to shore. It seemed to be
a roll of fabric or blankets, and. yet it
must contain something buoyant to make
it float like that. ?

Finally a breaker sent it smashing
against a rocky point. Spaulding was hor-
rified to see the bundle break open and
disclose a naked body. The caretaker lost
no time in telephoning ‘Police Chief Frank
M. Reynolds.

By the time Reynolds reached the scene
with Officer Harry Tremaine, quite a knot
of beach dwellers and villagers were gath-
ered around the corpse.

“Looks to me like Frank Cusumano,” one
of them said. “He has a place down the
beach at Bayside.”

é "THERE WAS NO question that it was a

™: murder case. The victim had been sav-
agely hacked with some weapon like an
axe, and an effort had even been made to
dismember him. Chief. Reynolds examined
the evidence carefully.

The body had been wrapped in two
plaid blankets, which had been held in
place by strands of telephone wire. The

. ‘chief saw that in two places the wire had .
‘been tied securely in loops about a foot

in diameter.
-“T get it,” he said at last. “The wire was

_ looped around two heavy stones used to

weight the body. The body would prob-
ably still be on the bottom of the bay if
it hadn’t been for the storm. The force
of the waves knocked the stones loose, and
the corpse floated in to shore.”

The body was taken to an undertaker’s
in Hull. Meanwhile, a policeman called at
the Cusumano place and spoke with Lena.
He’told her of the discovery of the body
and the belief that it might be that of her
husband. Would she come to the village
and see if she could identify it?

Mrs. Cusumano at first seemed pale and
shaken, but she soon got over that. “You
gave me a start with such a story,” she
admitted, smiling. “But of course it isn’t
my husband. Frank left on Sunday on a
business trip and will be gone for some
time. \That poor man you found must be
someone else:” i

The! policeman ‘suggested that in any
case it would be a good idea for her to

view the body, if for no.other reason than

to make certain it was not her husband,
Lena demurred, but at last she consented
to accompany the officer to the village.

At the undertaking establishment she
took a look at the disfigured corpse—not
a pleasant duty and one that she did not
perform without some shrinking. But she
shook her head decisively.

“Of course it is not Frank,” she said.
“There is some general similarity, but it is
easy for me to see that this is not my
husband.”

This startled Chief Reynolds and his
men. Several villagers who knew Cusu-
mano quite well had viewed the corpse
and given their decided opinion that it
was Cusumano.

“Are you positive?” Reynolds inquired.

“Of course I am positive,” she insisted.
“T-guess I ought to know my own husband.
He is away in. Worcester on business, as
I said. But if you do not believe me, you
can ask Enrico Mascioli. Enrico is a close
friend of Frank’s.”

Mascioli was still at the Cusumano cot-
tage. He willingly came into town and
looked at the body. :

“I can see how people would make that
mistake,” he nodded. “This man does look
a good deal like Frank, but he is not, 1
can tell by the shape of the shoulders and
arms. Besides, Frank is perfectly safe in
Worcester.” Lbs a

The face and head of the victim were
considerably’ disfigured by the killer’s
blows, . rendering. identification difficult.
Still, the local hardware dealer, who had
often gone clamming with Cusumano, was
certain that Lena and Mascioli were mis-
taken.

“T’ve seen Frank many times in a bath-
ing suit,” he said. “I know his build as
well as my own. This man is Frank, no
doubt of it. See how bowlegged he is?:
Notice those blunt fingers and heavy nails?
It’s Frank, I tell you.”

No one else was missing in the Hull area,
Chief Reynolds asked Lena Cusamano how
he could get in touch with her husband in
Worcester, but she couldn’t answer that,

‘ All she knew was that he went there to

confer at length on some big building pro-
ject, and that took time. No, she hadn’t
yet heard from him since he left.
Reynolds got in touch with the Worces-
ter police and asked them to check the
hotels there. They did so, and next day
reported back that to the best of their
knowledge, Cusumano was not there.
-Through a_ villager, Reynolds now
learned that Cusumano had a brother, Ed-
ward, living in East Boston. Edward was

summoned to Hull. He gazed at the corpse ©

and burst into tears.

“Poor Frank!” he sobbed. “Who could
have done this to him?”

There was no doubt at all in his mind
that the victim was his brother. He proved
it conclusively by pointing out an. al-
most imperceptible scar -on the great toe
of the right foot.

“Frank got that about 15 years ago when
he stepped on a piece of glass while in
swimming,” he said.

So Lena Cusumano, at last convinced,
was brought into headquarters. Dabbing
at her eyes with a lacy handkerchief, she
explained her error.

“The face,” she said, “was so cut up. And.

cep

ts é.
Ede

I was sure Frank was in Worcester,”
She now disclosed that her husband had
expected some trouble in’ connection with

‘that job in Worcester. Another contract-

ing outfit was after it hammer and tongs,
and Frank had received several threaten-

ing telephone calls about it at his office in’

Boston. The‘ anonymous callers had
warned him that if he knew what was
good for him, he would not attempt to bid
on the job but would stay strictly away.
But it was a sizeable project, a six-story
building, and Frank was determined to do
his best to get it. When he left the cot-
tage intending to go to Worcester, the
widow said, he had taken a revolver and
also a stiletto with him, for self-defense
if need be. ;

Chief Reynolds didn’t say so, but he
wondered why in creation she hadn’t men-
tioned all these things before. It now
seemed possible that Cusumano had been
murdered before he ever left Hull, as a
result of a contractors’ feud over a juicy
job.

HERE WERE ALSO indications point-

ing in another direction—particularly
after the chief heard rumors that Lena
and Mascioli had been seen in attitudes
of torrid endearment. Was this after all
another case of the eternal triangle?

Reynolds sauntered over to the Cusu-
mano cottage. He noticed the eldest Cus-
umano girl, aged nine, playing with an-
other child in a neighbor’s yard. He took
the girl aside and talked to her.

“When did you last see your daddy?”
he asked. — -

“It was on Sunday,” she replied. “I saw
daddy go out with his bucket after clams.
When he was finished he went back to the
house. . I didn’t see him after that.”

“Did your mommy say he went away?”

“Yes. I wanted to kiss daddy goodnight
when I went to bed. But.mother said no,
daddy had gone out of town and I should
go to sleep, But I didn’t go right to sleep.”

“What did you do?”

“I stayed awake a long time. That night
I looked out the bedroom door and saw
Enrico Mascioli. He was carrying some-
thing heavy, wrapped in blankets. He
outside.” 2% :

- That afternoon, officers made a thorough
search of the’ grounds around the Cusu-
mano cottage.* They found a*place in the
rear where the sandy soil appeared to have
been recently disturbed. Digging there,
they found a bloodstained axe, along with
Frank Cusumano’s blue bathing suit, like-
wise stained with gore.

A neighbor recalled talking with Cusu-
mano in his. basement, where he was
working on a home-made table. The

carried it ‘out of daddy’s bedroom and then ~

. neighbor had seen some telephone wire in

the cellar exactly like that bound around
the corpse. “Another neighbor identified
the blankets as having been seen on the
Cusumano clothesline.

Shapely Lena Cusumano and handsome

Enrico Mascioli were arrested. Lena was:

brought into the chief’s office. ie
“Why did you do it?” he demanded.
She put her head in her hands and began

to cry. “I didn’t do it,” she sobbed. * “En-

rico—he did!”,. '
However, when she told her story it be-

sei lags: cal Pees NS aS

oes
- i

came ay
she wa
admitte:
came in
of love
her stoc
the twc |
Frank's
the we
that the
The c
When |}
went to
suit anc
with th:
eoned 1
there.
membe:
The de:
until af
Then M
corpse
boat, rc
and drc
weighti
have re
but for
Wher.
turn a
story, h
“T su;
he said.
have he

RIEI
both
found g
electric
appeale:
on for
public ;
» Mrs, Cr
had eve
setts.
While

vanishe«
a short
ious not
Thom)
to head
‘ vicinity.
. tense no
they ar:
ward ar
McKinle
Surpri
It’s muc
Manila |
Thom;
kissed |!
this - in
did not :
a shot, t
He slar
from th«
Thom;
you!” th
“Get ba:
to Fort
The t
way he

Hanson drove to
at the sheriff’s

found,” he said
er. The dentist
iestion about it.”
of failure, the
y sure there was

e disclosed that -

oved before the
1e dentist could
ve identification

essary,” Hanson
the account in
it a fine Paisley
the body.” He
ght out a shawl.

it’s identical!”
sry same shawl!

anson amended.
ned a very fine
usually large in
two sisters had
Ida kept one of
‘s. J. S. Ander-
<ept the other.
vith me.”

son of the two
val. There was
>» victim’s iden-

facts he knew
rance. He told
e with a new-
who claimed to

me who disap-
1e said, “but it
nough to know
known that she
sure she didn’t
i for some time

not done any-

i run off from
fter selling her
belongings into
when she left
vith her $10,000,
; and $1,300 in
ew Ford sedan.
“Many a mur-

or far less than = ~

doubt that your
ioney. Chances
ier in his mind

', what was his

merely out of
ne slayer would
in’s reply jolted

Clarence Neal,” -

oted. “Why, I

. something of
had for several
. bootlegger of
1 one occasion

1 as a guest in |

uniliar with the
| know it would
spose of a body.

-ecords on Neal. °

ih ice

athena

' se \
He had originally come from’ Nebraska,
they disclosed, and it was said that he
had abandoned a wife and child there. In
January of 1932 he had been released
from the state prison at Canon City after

. serving a term for a liquor violation. Not

long after that he had shown up in
Columbus, Neb., and begun his ardent
courtship of Ida "Hanson.

Because of the telegram which the vic-
tim’s brother had received from Chicago,
Vinyard asked the authorities there to
make a search for Neal. An alarm went
out for the wanted man all over the West
and Midwest. Deputy. Henry Hoder ac-

‘companied Detective George Emerick of

the Colorado Springs police department to
Nebraska to organize a search there.

Although the Chicago police were un-
able to locate the quarry, they learned
that Neal had tried without success to sell
the $10,000 in bonds. An inquiry with the
company that issued the bonds disclosed
that they were still unsold.

Meanwhile,
Emerick were working around Neal’s for-
mer haunts in Nebraska. They learned

-that a relative of the man had recently

received a letter from him mailed at
Spencer, Iowa. Hurrying to Spencer, the
two officers traced him to a hotel and
nailed him there. Neal’ submitted to ar-
rest without resistance.

“If it’s true that Ida has been mur-
dered, I know nothing about it,” he said.

“But I’m willing to help you all I can.” -

Neal was still driving the Ford sedan
that was the former property of Ida Han-
son. He also had in his possession the
$10,000 in bonds.

The nattily dressed suspect with the
crippled left hand said glibly that he had
bought the car and the bonds from Miss
Hanson. He did not seem disturbed that

. he had no bill of sale to verify either of

these transactions.

“Ida and I were good friends,” he
shrugged. “We didn’t consider any formal
papers necessary in the deal.”

The prisoner was pesca to Cripple
Creek and lodged in the jail there, but he
didn’t stay there long.. Sheriff Vinyard

heard rumors that a necktie party was,

forming, and for his own safety. the pris-
oner was removed to the jail in Colorado
Springs. Vinyard questioned him there in
an effort to get a confession. Instead of a
confession, he got a flat denial of guilt and

was on the wane, and they aimed to enjoy
a seashore weekend before the weather
turned chilly. They rode out to the cottage
in the town’s only hack, and were met by
a smiling Lena. Her weeks in the open
had given her a rich suntan, and she

,looked more like a bride than a ten-year

wife.

“How does Lena do it?” Mascioli de-
manded jovially of his host. “To look at
her, I would swear she was your daugh-
ter, not your wife.”

~ Cusumano was always pleased by any

Investigators Hoder and_

an alibi that sounded much like dream
stuff.

“That’s a lot of eyewash about my being >

in love with Ida Hanson,” Neal main-
tained. “There was no romance between
us at all. I was trying to sell her some
securities, and our relations were strictly
of a business nature. She was in love
with another man.”

“That’s not what Miss Hanson said,”
Vinyard snapped. “She told her friends
she was marrying you.”

“I don’t care what she said. There was
nothing between us.”

Neal’s story was that he had to make a
trip to Chicago on business. Ida‘ asked to
go with him, saying she intended to marry
a man there named H. G. McMaster. In the
end they decided to go together in Ida
Hanson’s car. En route ‘to Chicago, Neal
said he bought the $10,000 in bonds from
her, giving her twenty $500 bills for them.
He also bought the Ford, which she would
no longer need after her marriage to Mc-
Master.

“While I was still in Chicago, Ida in-
vited me to dinner at a hotel with her
and McMaster,” Neal related. “That was
the last I saw of either of them. They said
they were getting married the next day
and leaving for South America.”

Try as he might, Vinyard could not
shake the man’s fantastic story. In the
sheriff’s book, McMaster was a pure in-
vention. He knew that Neal had tried
to dispose of Miss Hanson’s bonds in
Chicago. Failing in this, he had undoubt-
edly held on to them because he feared
he. could be traced through the sale and
charged with murder.

INALLY THE SHERIFF. brought in
Whitemore and Kenneth Davis and al-
lowed them to view Neal in a group of
other men in a show-up. Both Whitemore

and Davis unhesitatingly picked out Neal

as the man they had seen in a car with
a woman near the murder scene.

Neal had a cheeky answer for that one
too. “I can explain that,” he shrugged.
“It happens that McMaster is almost a
dead ringer for me. These men are making
a natural mistake. McMaster must be the
one you want.”

If nothing else, Vinyard had to admit,
Neal had a lot of nerve to expect anyone
to believe a yarn like that. In fact, Neal
denied having been in Colorado with Mi

SING, YOU SINNERS

(Continued from page 3)

compliments directed at his spouse, even
at his own expense. “It is’ simply because
I give her everything she wants,” he
beamed. “A happy woman has every rea-
son to be beautiful.”

_All of which shows how wrong a man
can be. That evening, the trio had a little
wine to celebrate the occasion, and the
singing and piano-playing was even more
enthusiastic than usual. In the morning
after breakfast, Cusumano donned _ his
bathing suit, took his rake and sallied out
to garner a bucket of clams. Mascioli

Hanson at all. Turning to another point,
the sheriff asked him the date of his din-
ner party with Ida Hanson and the mys-
terious McMaster in Chicago.

“That was about the first of June, 1933,”
Neal replied.

“Tommyrot!” Vinyard growled. “That _

gives you away, Neal. I can prove, through
the doctor that performed the autopsy,
that she was dead for at least several days
at that time.”

But no matter how flimsy his story was
shown to be, Neal clung to it. At least his
questioners gave up their hope of. trying
to break him down, feeling that they had
evidence enough against him anyway. An
earnest effort was made to trace the
movements of Neal and Ida Hanson after
they left Columbus, but after the long
passage of time this met with no success.

In March of 1935, Neal was finally
brought to trial on a charge of murder at
court in Colorado Springs. The defendant
himself did not testify, but tried to show
through depositions that he was not in
Colorado at the time of the slaying. The
jury deliberated for two days, then found
him guilty with a recommendation for life
imprisonment. The convicted killer was
sent back to the prison he was well ac-
quainted with before.

Several times, investigators questioned.
Clarence Neal in his cell. They pointed
out that it.made no difference now—he
might as well confess and explain just
how the lady with the high-heeled shoes
figured in the slaying.

But Neal stubbornly refused to confess
or change his story. He seemed to take a
sly pleasure in keeping the answer to the
riddle from his questioners.

Neal took sick a year later and died in
prison. With him died all hope of gaining
a full explanation of the mystery. Was
there a woman wearing high heels with
him when he took Ida Hanson on that last
walk up into the mine area? If so, was
the woman Neal’s real sweetheart?

Or could it be possible that the woman
with the spike heels had no connection
with the case at all—that she had walked
up there a day or two before or after the
crime?

No one knows the answer.

Eprror’s Nore: The names Francy Pat-
man and Mert Bassett, as used in this
narrative, are fictitious.

strolled over to the nearest cottage, a con-
siderable distance up the beach, and
chatted with the owner, a man named
Collins.

“Frank is going on a business trip to-
morrow,” he told Collins. “He is bidding
on a big building job in Worcester, and
will probably be gone for a week or more.”

On the following day, Monday, Cusu-
mano was not seen around thé cottage,
but Mascioli was still there with Lena and
the children. Other beach residents might
have thought this a little queer, except

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Crazy Quilt Guilt

[Continteed from page 4]

didn’t say, but he took $250 that he was .

keeping under the mattress of his bed.

Lena mentioned all this to neighbors
while they were holding a clam-bake that
evening with Enrico officiating in Cusu-
mano’s absence. Lena said her husband
would be back in a few days. After the
few days passed, she lengthened the
estimate to a few weeks, which proved
correct, but unexpectedly so.

Toward mid-October the tail end of a
Florida hurricane clipped Cape Cod, hit
the town of Hingham and piled tidal
waves across the bay to pound the Hull
peninsula from Nantasket Beach to
Windmill Point. After three days, a care-
taker named Roscoe M. Spalding ven-
tured forth to see what had happened to
the cottages that were under his off-season
supervision.

The cottages were battered and Spald-
ing, remembering that Cusumano was a
sub-contractor, decided to go to see
him. On the ‘way, Spalding found what
hé mistook for a junior sea monster lying
on the beach. After a second sickening
look, he realized that it had once been
human. He hurried to the Plymouth Dis-
trict Police and returned with Chief
Frank Reynolds and Officer Harry Tre-
maine. As they viewed the body, Reyn-
olds and Tremaine agreed it had been
submerged for weeks.

‘The body was shrouded in the rem-—

nants of a crazy quilt and lashed to a
plank with telephone wire. Places where
the wire had untwisted indicated that
weights had been attached, but had

broken loose when the surf began to

pound. Though bloated, the body bore
evidence of foul play. The skull had been
struck by a heavy implement and efforts
had been made to dismember the body by
hacking it.

“Somebody towed it behind a boat,”
said Reynolds, grimly. “Off shore, they
weighted it and sank it.”

The police soon learned that Frank
Cusumano had been gone for the past
month from his cottage near Bayside. But
Chief Reynolds, rather than alarm the
absent man’s wife, sent first for Cusu-
mano’s brother, Edward, who lived in
East Boston. The body had lost most of
its hair along with the elegant handlebar
decorations, but Edward identified the
body as Frank’s. To make certain, Chief
Reynolds sent Officer Tremaine to bring
Lena Cusumano, Rather than influence
her identification, he decided not to men-
tion her brother-in-law’s visit.

The result was a big surprise. Lena
Cusumano couldn’t see the slightest re-
semblance to her husband. Enrico
Mascioli, who accompanied Lena, agrecd
that the police were mistaken. At that,
Chief Reynolds eyed Lena sharply and
inquired:

“Then how do you account for your
husband’s long absence of a month or
more?”

“He’s gone to Italy,” informed Lena,
blithely. “I received a letter from him,
just before the big storm.”

*

» would have been, if Lena had been able

Reynolds, “so I'll go along to your cot-
tage.”
On the way, Reynolds noted that Lena

looked very attractive in her brown serge
skirt and bright pink blouse. The chil- |
dren, all little girls, were colorfully”
dressed, too—one in red-striped gingham,
another in a blue and white check, the
third in a brown plaid. But Reynolds |
was more interested in the letter, or

“I'd like to see the letter,” decided 3a

we
wy
4

“The children must have .cut it up,” 7
Lena decided. “I give them paper that ~
they can clip and pretend to sew for
doll clothes.” . oi

Chicf Reynolds returned to headquar-
ters, still convinced that the body was 7
that of Frank Cusumano; but how to beat”
down Lena's denial was the question. As! |
he studied the body, with its brutal hack ~
marks, Reynolds had what was literally Fi
a bright idea. Bot

to find it. i

“We're going over to the fire house,
Reynolds told Tremaine, “and see what.
we can get on this Marshall, or Mascioli,
or whatever young Caruso calls himself. -
I think he’s in it deep.” ' - ie

-Enrico hadn't left any of his belong- 7)
ings at the fire house, but a checkup of ~

the equipment revealed that a fire ax |

was missing. It was the type of imple- A
ment which could have been used in * |
hacking Cusumano’s body, so Reynolds |
any Tremaine started a search of the
Bayside beach. Near the Cusumano cot- —
tage they discovered that the storm had ~
washed up more than a body. It had
swept away loose sand from the top of a
hole that somebody had dug there. Prob- |
ing, the police came up with the head sf
of the missing fire ax. a4
Reynolds strode straight into the
Cusumano cottage with the incriminating
evidence. Tremaine followed, wondering
how his chief was going to make the
culprits talk. Both Lena and her boy ;
friend Enrico looked startled when
Reynolds planked the ax head on the
kitchen table, then they froze in silence. ) |
“This is only Exhibit B,” announced «
the police chief. “Exhibit A is still down
at headquarters. It’s the crazy quilt you
used to wrap up Cusumano’s body be-
fore you took it out and sank it, over
toward Bumkin Island, You made that
crazy quilt, Mrs. Cusumane, with patches |
of brown serge, pink poplin, red-striped |
gingham—” )
Reynolds didn’t have to go further .
with the list of materials that Lena
Cusumano had used in the clothes that
she and her three children wore. She'd |
forgotten that the crazy quilt was com-_
posed entirely of remnants from this very
house, and that the closets were actually ©
filled with further evidence that brought” —
the guilt straight home. red
Enrico Mascioli and Lena Cusumano, ~
the clandestine lovers, were both found |
guilty of first degree murder in the death
of Frank Cusumano and sentenced to die .
in the electric chair. Mascioli and his
near-golden voice were stilled forever on .
June 6, 1912, but Lena’s sentence was -
commuted, at almost the last hour, to life
imprisonment. In 1930, she was given 4
conditional pardon on parole terms. |

‘

4
|

' Curley. Chief Pax

’ ferred with the ¢

No Tears

[Continue

invited the deter
seats in the elabo
room. Day knew
bluntly, she migh
be of any help,
had received an a
husband’s life hac
“He won’t talk ;
“but we thought
score. If we can f
threat, we'll put
hurt anybody.”
Fannie got
Curley!” she ex
was after him,
before he kills.
Day calmed th
then asked for mo
She related that
as Colorado Pete,
neighboring’ City
A couple of wee
Portland and sla
game at Weber’s
up flat broke.
Being in a nas
some remarks
Weber's integrity
Pete squawked
crooked and that
had responded b
several of his b
this unseemly trea
couverite had thr
It was how up
deceive the youn
announcing the
widow. He did it
knew how. Fann
The sleuth sum
prietor, who int
to take charge of
hurriedly after |
the brand new
band’s remains w

parloy. . ig
To headquarte
promising lead

macher were deli;
of an early solu
with no local pol

“Pick out a co
told Day, “and ta
couver.. If Curle
don’t want him t

Day chose
Branch, young a
patrolmen, and
couver within th
them long to lea
hung out in a
when they ing
they were told
day.

More question:
had gone to Port!
The officers now
couver station hi

That worthy p
to comb the tow!
to watch. boat
depots. Two hou
stepped off a bo

MLO Che od ri TyV zs ONT
: es ae me \oOKR MASULULOA ) 9
dune 6, 1912

_ oT .RANK CUSUMANO was a prosperous, 38-year-old
~~ I’ Boston building contractor who enjoyed life in an

‘| his crew of workmen occupied on a variety of construc-

\.. tion jobs. In his leisure he liked plenty of spaghetti with
‘Chianti wine, and he enjoyed singing the songs of his
- Italian homeland. ‘ah,

His 29-year-old wife Lena was a dark-eyed, well-
dressed woman of interesting proportions who, one would
have thought, should have been well satisfied with ‘her

_ ‘lot. After all, there was plenty of money coming in, there
-« "+. were three pretty children, and the Cusumanos even
-° had a trim summer cottage at Hull, right smack on
*, Boston Bay. What more could she possibly want?
~. >° A’sharp- observer might have noted that Lena Cusu-
~\ ~ “. mano did seem to want’Something more, and this impres-
sion would have been correct. The truth was, as her hus-

TR Me ek ye

oath ot cada
EES LS

Sy des Si a 3 eek
: eee ae ? he

interest in romance. Although they had been married

~ ten years, the same could not be said of Lena—not by
any means. os a2 <a

_. > Lena at 29 was far fromm ready to resign herself to the

_ prosaic duties of a housewife and mother. .A yibrant,

V¥

her husband with concealed irritation because he’seemed

building than he was in her. This was a situation packed
' with dynamite, particularly because the preoccupied con-
- © tractor was not even aware of it. Ge,
~*~ © "The Cusumanos were both musically inclined. Frank

“piano and also the possessor of a lilting soprano. They
-\ belonged to a Sicilian singing society that met informally
once‘a week at. the home of one or another of the mem-
‘bers, and made the rafters ring with songs of sunny Italy.
At one of these parties in the late winter of 1910, Frank

_ , -easy-going sort of way. He was’a busy man keeping :

band drifted into comfortable middle age, he lost his :

~ impulsive woman of flashing beauty, she came to regard _

much more interested in the tiresome houses he was .

“had a booming bass voice, while Lena was adept at the _

% +». Cusumano escorted a newcomer across the room and —

~ introduced him to his wife. me os

.. .-.“Lena,” he said enthusiastically, “I want you to meet

~ Enrico Mascioli. He is the best tenor in Boston.”
Mascioli, a well-built man of 24 in a snappy striped

<.. suit, smiled and bowed low. “I am charmed,” he said,

he meant it. :
An expert stonemason who sometimes did work, for

- Cusumano, Mascioli soon proved that he was in good
~~ he was asked to do a solo. He obliged with “O Sole Mio”
with such success that he was roundly applauded. Maybe
«> he was not quite. the best tenor in Boston, but he was

* 4s godd enough to have attained quite a .reputation, and

y

'

and ‘there was an expression in his eyes that indicated -,

voice. He joined in group singing, and did so well that »

W dren out to the seashore cottage at Hull. Frank came’

7 eee a
ooNES Sy

his friends had long since nicknamed him “Caruso.” .
Lena and Mascioli seemed to hit it off very well indeed,
Was Cusumano suspicious? Not in the least. Who could.
worry: about good wholesome, singing? Mascioli imme- >
diately became a regular member of the group, 4nd the «
Cusumanos met him at every songfest. As spring ‘came’: ~
on, Lena invited him occasionally to the Cusumano home’ =
in East Boston. —— wa ae
There the three of them would join in song, with Lena. -
tickling the ivories in her usual expert style. Sometimes.
Cusumano would sit out a few numbers while Lena and:
the handsome tenor joined in melodious duets. ae
That Mascioli was a fellow who, without actually put-" =
ting his arms around a woman, could give practically; —
the same effect with the caressing nature of his glance, ~
But Frank Cusumano, lost in amiable good fellowship, ;
was entirely unaware that there was a smouldering: +
quality. in his pretty wife’s.eyes when Mascioli was .-

; around. ‘

Sonne 9

HEN SU MMER E : CAME, “Tena moved with the chil-

out every night by train from his work in Boston, and ~
spent the weekends there, == geo ae
By this time Enrico Mascioli was a warm friend of the
family, and naturally he was invited out to enjoy the —
sun and sand at the summer home. ; eS
“Why don’t you go out and dig a nice mess of clams for °.
dinner?” Lena would suggest to her husband, well aware ~~
of the fact that he was crazy about clams. ey
“Sure, sure,”> Frank agreed. “Want to come along, ,
_ Enrico?” a a ee yess
“Pm feeling lazy;’ Mascioli replied, grinning. “All I
want to do is snooze on the porch.” ce
“Fair enough,” Frank nodded.: “I'll dig the clams, you _
open them and Lena will steam them.” He got into his
bathing suit and trudged off to the beach, the most un- we
suspecting of husbands, little knowing that he was .
inviting disaster. °°. © eh tats ia
On Saturday, September’ 17, 1910, Cusumano and ~
Mascioli arrived at Hull together by train from Boston —
early in the afternoon. Summer (Continued on page-75)'

J >
es

THEY SANG THEMSELVES INTO TROUBLE
__MURDER TROUBLE—AND COULDN'T |
SING THEIR WAY OUT OF IT!


50 THE CAMBRIDGE HISTORICAL gogy.
in Watertown but no death of a child of that ave
The Modest Enquiry was written by the Rey. Jon
was the minister at Beverly before and during the n.~
witchcraft delusion. At first he was something of g TlOd of a
the witch prosecution; but when his own wife Wag, LP Pathe 4
changed his opinions. It is quite probable that in hig ed Ne
material for his book he heard some loca] Witch Tea
magnified the story and finally handed it to poste ee
form just quoted. There is no contemporary reco, d sre in ty
and none of our annalists or diarists make mention the ea :
strongly of the opinion that the Kendall case of it, | Pe

ne ‘
that it may be added to our fairly long list ote ited =

_ myths. , Englag :
~The most famous execution was that of two n 4
and Phillis, which occurred in 1755. The case tM Mag 7
Phillis is the only case of petit treason known in M as
history. “S8Achonaty
Goodell’ says: ‘‘It is not surprising that the eX€CUtion 4
woman by burning, so lately as when Shirley wag de
period when the province had greatly advanced in culture ie
refinement, should seem to anyone incredible. a
“‘The particulars of the crime for which these i
Mark and Phillis, were executed are briefly as follow ae
John Codman, a thrifty saddler, sea captain, and merchant of 4
Charlestown, was the owner of several slaves whom heemn, ef
either as mechanics or common laborers or house pervs
Three of the most trusted of these, Mark, Phillis, and }
particularly Mark, found the rigid discipline of their y
unendurable, and after setting fire to his workshop
_ years before#hoping by the destruction of this building to gy
embarrass him that he would be obliged to sell them, they im the
year 1755 conspired to gain their end by poisoning him to de
“In this conspiracy some five or six negroes belongi
other owners were more or less directly implicated. Mark,
leader, was able to read, and signed his examination heres
referred to in a bold, legible hand. He professed to have
the Bible through, in order to find if, in any way, his

could be killed without inducing guilt, and had come to
1 Proc. Mass. His. Soc. ;

ag

4

D>
Ma

Op. os Naebeis. Srnmaa ,
Bet Se hae Sl ae eae di ke ee ara EAN re ieee ey ae Ae ea ee ee ee Be ee a, ec Bae as

| a

O’MALLEY: GALLOWS HILL

ta ‘on that according to scripture, no sin would be com-
pools ” the act should be accomplished without bloodshed.
: git? moreover, to have been commonly believed by the
jt geesn® that a Mr. Salmon had been poisoned to death by one
: Slaves without discovery of the crime. So application
d le by Mark, first to Kerr, the servant of Dr. John Gib-
sss then to Robin, the servant of Dr. William Clarke, at
pons oa end of Boston, for poison from their masters’ apothe-
se 8° res, Which was to be administered by the two women.
ast the servant of Thomas Powers, had also furnished
ee ch a quantity of ‘black lead’ for the same purpose. This
phar tionably was not the harmless plumbago to which the
oe now usually given, but galena, or plumbum nigrum, a
ae sulpheret of lead, probably used for a glaze by the potters
pa rparlestown.
“Kerr declined to have any hand in the business ; but Robin
‘oe obtained and delivered to Mark a quantity of arsenic, of
7 or the women, Phebe and Phillis, made a solution which
kept secreted in a vial, and from time to time mixed with
water, gruel, and sago which they sometimes gave directly
to their victim to eat and at other times prepared to be inno-
cently administered to him by one of his daughters. They also

pied ith his food some of the ‘black lead’ which Phillis seems
to have thought was the efficient poison, though it appeared
from the testimony that he was killed by the arsenic.

“The crime was promptly traced home to the conspirators,
god on the second day of July, the day after Captain Codman’s
death, a coroner’s jury found that he died from poison felon-
jously procured and administered by Mark. Ten days later

, the nominal husband of Phebe, and one of the negroes
implicated, who was the servant of Mr. James Dalton, of Bos-
ton, was examined before William Stoddard, a justice of the
peace, and on the same day Robin was arrested and committed
to jail. The examination of Quaco was followed by the exami-
pation of Mark, and of Phillis later in the month. The last
» were taken before the attorney general and Mr. Thaddeus
~ “At the term of the Superior Court of Judicature, Court of

’ Arise and General Gaol Delivery held at Cambridge on the -


264 HISTORY OF CHARLESTOWN.

the workhouse and supplied with necessaries.” It was agreed
that each selectman should have the care of them a week at a time.

‘An extraordinary execution took place thig year. Captain John
Codman, of this town, an active military officer and respected citi-
zen, had three negro domestics, Mark, Phillis and Phebe, who
poisoned him by arsenic. Mark procured the drug and the fe-
males administered it. Phcbe, said to have been the most guilty,
became evidence against the others, and was transported to the
West Indies. The Boston Evening Post, of September 22, con-
tains the following account of the execution :—

‘‘ Thursday last, in the afternoon, Mark, a negro man, and Phillis, a
negro woman, both servants to the late Captain John Codman of Charles-
town, were executed at Cambridge for poisoning their said master, as
mentioned in this paper some weeks ago. The fellow was hanged, and
the woman was burned at a stake about ten yards distant from the gallows.
They both confessed themselves guilty of the crime for which they suffer-
ed, acknowledged the justice of their sentence, and died very penitent.
After execution, the body of Mark was brought down to Charlestown
Common, and hanged in chains on a gibbet erected there for that purpose.’’!

1756. Twenty-two citizens petitioned that, in case there was
hereafter an impress of men ordered, this town would obtain
its quota by a tax, ‘‘as a more just and equitable way than had
formerly been used.”

1757. The town sold the horse-pasture, situated at Moulton’s
Point, for £ 70 to Captain Samuel Henly.

A town-meeting was held, March 10, relative to enlisting men
for ‘‘ the intended expedition ” of Lord Loudon, when it was voted
unanimously, ‘‘at least 123 voters” being present, to “allow a
sum not exceeding ten pounds, lawful money, besides the province
bounty ” to such persons as enlisted. It was also voted to raise
£ 44, old tenor, to reimburse Messrs. Codman and Townsend for
money advanced by them “for the last impress of men in this
town.” ‘The sum of £825, old tenor, was appropriated for the
men enlisted under Lord Loudon. The names of the men that
enlisted were, Thomas Lord, Thomas Edes, Samuel Baker, Abra-
ham Edes, Benjamin Peirce, Joseph Leathers, Thomas Orgin,
Barret Rand, John Sherman, Joseph Rand, Jr., William Symmes,
Nathan Bullen.

1 Dr. Bartlett’s Mass. Hist. Coll., Vol. XXII. p. 167. He says the
pice where Mark was suspended was ‘‘ on the northerly side of Cam-

ridge road, about a quarter of a mile above our peninsula, and the gibbet
remained till a short time before the Revolution.”

166 HISTORICAL SKETCH

lated and improved, until a large part of it fell a sacrifice
to the ravages of war.

On the state of the town during an hundred and”

forty seven years to this event, it may be remarked, that
the inhabitants were industrious, sober, and cultivated
good principles. Publick worship was regularly attend-
ed, schools were as well regulated as the state of society
would allow. Navigation, which consisted principally in
the whale fishery and West India trade, though not ex-
tensive, was prosperous ; the mechanick arts were cher-
ished, and advantages were derived from ship-building,
the manufactory of rum, loaf sugar, candles, leather and
potashes.

Judicial courts were early instituted, and continued
until the revolutionary war. A dry dock was made in
"678, above the present draw bridge, near th avy yard,
and was the only one in the country. The small pox*
and other contagious diseases have generally prevailed
when they did in the metropolis; and there have been
several firest distressing to individuals, the most remark-
able of which was in 1749, occasioned by the villany of
three negro servants, who were convicted of poisoning
their master,t and two of whom were executed, the other
becoming evidence for the king.

A ferry,} communicating with Boston, which was re-
puted to be the best regulated of any in the province,

_ ° The last spread of the small pox was in the autumn of 1792. The number
inoculated was 1354 (879 inhabitants and 455 strangers) of which 9 died. 12 had

pt eae the natural way, of whom § died. Vaccination is now generally prac-
ea.

T There is an account of several fires in Charlestown, during the eighteenth
century, in the Collections of the Massachusetts Historical Society, Vol. I, second
series, p. 81, &c.

+ Ca t John Codman, a respectable citizen, and an active military officer, de-
stroyed by arsenick. The servants were named Mark, Phillis, wud Pabe, who
were favourite domesticks. The man procured the drug, and the females admin-
istered it. Mark was hanged, and Phillis was burnt at the usual place of execution
in Cambridge. Phebe, who was said to have been the most culpable, became
evidence against the others. She was transported to the West Indies. The body
of Mark was suspended in irons on the northerly side of Cambridge road, about a
hoes hed vied oe rea — and the gibbet — tll a ree time
n. Are there any o i ; ‘gibbeting i
the annals of New-Engisnd? y Other instances of burning or -gibbeting in

I § This ferry was first rented to Edward Converse for forty shillings a year.
-athaigd it was given to Harvard College, and afforded a handsome revenue. The
bridge at the same place now pays it two hundred pounds a year.


ne

 CODMAN, Mark and Phillis

en Large card

Mark and Phillis, together with Phoebe » were the Negro

servants of John Codman of Charly

spired to poison their master and did SO, but were sus
cd, tried SHaEaRMeNNaAy Phoebe was acquited, but

Mark was condemned to be hanged-and—Phit+stebe-bpurnet—

alive. The executions were carried out on Sept. 18,

pe Welay ered ed

ITI75 amt the body of Mark was hanged in chains on
Cha rlestown Common,

co

BADDADS OF MURDER, BY OLIV WOOLEY BUR

Page 15),


52 THE CAMBRIDGE HISTORIC
second Tuesday of August following, the pr..3"
true bill for petit treason against Phillis, and a.
Robin as accessories before the fact. :
“The case was tried at the same term at whi
were indicted, before Stephen Sewall, chief juste
jamin Lynde, John Cushing, and Chambers hana
jUStigg
ted, ang al

t Conf Dot: ae “eS

> t ey
att
ie, if
‘ a
‘ rs

justices, all fairly read in the law, and the chief
in his profession. Mark and Phillis were convic
of death was pronounced upon them in stric
common law of England. On September 6 a yw.
execution was issued under seal of the sone eet
Richard Foster, sheriff of Middlesex, to perform oe
of the law, on the 18th of the same month; and Upon ge
rant the sheriff made return upon the day of the —_
“Middlesex, s. s. September the 18th, 1755. -
I executed this warrant as above directed Y causi,
to be burnt to death, and Mark to be hanged by the ne
he was dead, between the hours of one and five. 0’ clock
day.

#29

Xiaghe

Rich’d Foster:

One of the incidents of this punishment for petit
though not peculiar to it since it applied to all atrocious
was the gibbeting or hanging in chains. This wagnoy
sentence, but was performed in accordance with a ane
or direction of the court, given probably in most cageg
to the sheriff. After an execution the body of the feigmues
taken from the gallows and hung upon a gibbet compen
near the place where the crime was committed, there te sami
until from the action of the elements or the ravages of hi
prey, it disappeared.

In the case of Mark it is noticeable that no sent
gibbet appears in the record, and there is no order
mention of it in the papers on file. ale

Frothingham, in his History of Charlestown, p;:9%
“The place where Mark was suspended in irons '
northerly side of the Cambridge road about one
mile above our peninsula.” This is a point on,

‘It was the practice to strangle the convict to death before bur

. O'MALLEY: GALLOWS HILL

_ ie, near the Charlestown line. The body of
ss goer vile, | Bartlett (Account of Charlestown) to have
gaid the gibbet until a short time before the Revolu-
j up" nevere, describing his famous ride on the 18th of
” apd Paul ‘«‘ After I had passed Charlestown Neck, and
: gays; : - ‘
iE 1775; osite where Mark was hung in chains, I saw two
i Met opP k under a tree,” thus alluding to the site of the
o

wx ont well known at the time. (Col. Paul Revere’s
Saw oP Hist. Soc., First Series, vol. 5, p. 107.)
3 ye ae ai which was of sufficient interest to attract public
* gootber that of Joseph Lightly. The grave and reverend
rw Frolyoke noted in his diary under date of November

hg 174: =. tly, executed in Cambridge for murdering
it ee eputed wife. He said he was born in New-
J em 1763 but refused to reveal his real name.’ (Holyoke
} pase: P- a 3 this case shows that the offense was committed
; The 100° and the defendant was described as of that place.
1. jast execution on the Gallows lot was in 1817. It was
Te by John Holmes, then five years old, and his brother,
oe ell, two and a half years his senior. They received
Geet scolding as a result. (See Letters of John Holmes,
: 07.) John Holmes died in 1898.
E Be number of executions that took place on the hill is

a

orn, and can be ascertained only by a careful examina-
gad the records of capital cases occurring in the county since
inning. Undoubtedly the number is large, as capital
F aces were of more frequency than is generally supposed.
E (ese mentioned here were picked up in the course of a general
| geding of local history.
S Gallows Hill is in the past. Even its name and location mean
poking to most people. The neighborhood is today one of the
feat in our city. Gallows Hill has left no legends. Nor has it
Pp May ghosts; at least none have haunted the locality.

P
4

%
a

ee =


from the
determine
ssion are

lone,” the
ompletely

irbed. “It
ict such a
1 a need
s to meet

estigators
ling terri-
regarding
formation
srominent
nameless.
‘ who em-
ou all he
od

-e official
ve to do

lot,” was
-emember
ie and his
g the first

zarby and
xed when
body was
the atten-
th moved
went off,
ult came
e recog-
nk,’ ”

ons. He
ontractor
ooms to
-emarked
* did not
) washed.
w it had
1€ which
ht from

diately
mntractor
* reasons
mummi-

1 replied .

1 before.
ime you
ms you
1e began

y found
contrac-
I knew
- shroud
e one at

st quilt

vad,” he
irst and
ir in the
snded I

tion, he
addition
- collec-

lectors
‘d. “My

son saw it. The design fascinated him
and he wanted me to have it cleaned and
let him use it for his camp. However, I
knew that one of my men had been doing
his best to cut corners and had just
bought a new home. So I sent the quilt
over to him with some odds and ends of
furniture I thought he could use.”

“When was this?” :

“It must have been early in August.
My son carried it to them. After seeing
the body, he recalled that the quilt re-
sembled the one he..had wanted me to
give him. As soon as I saw the mended
rip I knew it was the same. I told my
son this. He was afraid it would be
recognized as coming from our place and
that folks would say I killed Frank.”

“You would be willing to go into court
and testify that this was the same quilt?”
Reynolds asked.

“Absolutely,” replied the contractor.

“There is only one, more thing I need

“to know,” the chief continued. “Where

was the place to which you sent this
quilt?”

“To the home of Frank Cusumano,”
was the reply.

That night, Lena Cusumano was driven
down to headquarters in order that the
authorities might question her further
regarding her husband. Reynolds awaited
her arrival.

“If you'll just step in here,” he greeted
her, opening a door when she appeared.
“I am sure you can tell.us all we need to
know in a very few minutes. But first I
would like to have you identify some
property.”

The room was dark and Mrs. Cusu-
mano hesitated. The chief fumbled for
the electric switch and she stepped in-
side. Suddenly the office was flooded with
light. The rays splashed on the death
quilt lying draped across a radiator.

Lena Cusumano stopped at the sight
of it. Her slender fingers went to her
throat. “Why have you got that here?”
she exclaimed tautly, her gaze fastened
upon the grotesque design. “That doesn’t
belong to me.” : :

“Who said that it did?” the chief coun-

tered. “But are you sure it did not belong

to your husband?”

“Yes, sir. I am sure,” she said steadily.

Reynolds released the woman and re-
ported the results of the interview to the
contractor. The man insisted this was
the quilt he had given the husband some
weeks before.

“While we’re on this subject,” the con-
tractor added, “there’s another thing
which I regard as very queer. When I
returned from the beach on the day that
the body was discovered I told Harry
Marshall about it, stating that the victim
probably could not be identified. We
were short of men that day and he was
working with the gang as well as acting
as boss. Ordinarily he is a good work-
man, but after hearing this. news he be-
came so nervous that every bit of work
he did was so bad we ripped it out and
had it done over.”

“What motive would Marshall have
for being mixed up in such an affair?”
the chief asked. :

“There are stories about tqwn that he
had grown very fond of Frank’s wife.”

Police transferred their. activities to
Marshall. During the early investigation
Marshall had told them he had spent the
afternoon on the beach, swimming with
another boarder. The boarder’s story
had already been checked and had been
found to be true. When questioned pre-
viously if Marshall had gone bathing with

him that day he had replied in the affrm-
ative. Reynolds now requestioned him.

“Are you sure that Marshall did go in
swimming with you’on the afternoon
Frank disappeared?”

“The police asked me if Marshall was
in swimming with me that Sunday and
I said yes,” the boarder answered. “How-

ever, it wasn’t in the afternoon. He and .

I took’a dip in the early morning, about
six o’clock, before anyone else was up.”
_ Reynolds immediately confronted
Marshall with the destruction of his. alibi.
The suspect swore the boarder was mis-
taken.

Chief Reynolds and Officers Tremaine
and Goodwin began a search of the dead
man’s premises. Tucked down in the
cellar beneath some piled boarding they
came across a bundle containing a gray
shirt, part of a bathing suit.identified by
neighbors as belonging to Frank, a piece
of torn bed ticking and several pages of
a colored comic newspaper section. The
chief became actively interested in the

latter when he found it to be the re- |

mainder of the mouldy section dated

Sept. 11, which he had found in the

mysterious grave.

CFFICERS prowling about in the
thick shrubbery across the street
from the Cusumano home discovered a
discarded mattress with part of the top
ticking torn away. The piece of ticking
found with the corpse fitted perfectly one
torn corner of the mattress. Reynolds
ordered it taken to headquarters.

One of the children dropped by as
police officers loaded it into their van.
“What are you going to do with our mat-
tress?” the child demanded. ° ,

“Is it yours?” the chief asked,

“Sure it is,” the youngster answered.
“It used to be on papa’s bed but we
haven’t seen it since he went away.”

Reynolds now returned to the home
of the murder victim. Marshall opened
the door in response to his knock and
asked what was wanted this time. ‘

-“T came down for you and Lena,” the
police chief told him. “I think you people
are responsible for Frank’s death.”

Neighbors who had held their tongues
in fear, now came forward. To many of
them Lena had told conflicting stories.
She had told one her husband had taken
$250 and had gone away without a word;
to another she remarked he had gone to
Hingham to buy land.

Three days before the body was dis-
covered Lena had entered a store in Hull.
Here she had said the hens had had no
oats since her husband had taken his
savings and gone to Italy. The proprietor,
also of Italian descent, showed surprise.
“What,” he exclaimed. “At this season?”

A next-door neighbor and his house-
keeper gave police important information.
The housekeeper said she had seen Frank
and Lena go into their house on the day
of the disappearance. Later, about 3
o’clock, she heard groans from there. A
few days following this, Lena complained
to these neighbors about.having dreams
in which she saw her husband slashed
and cut and the police coming to get her.
Her. neighbors tried to console her by
assuring her that she was an honest hard-
working woman with nothing to fear.
Lena then told them if the officers did
come for her, as she had dreamed they
would, and if they would repeat what
they had just said she would give them
both $50.

More incriminating testimony came

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61

“

MARSHALL,, Harry, white, elec. Mass, (Plymouth) on 6/6/1912,

CRIME DETECTI VE, duty, 1947, page 46

I The Law literally “split hairs’—in this case the hairs of the brutally slain ie

i
° ° e ° é ° ° : and
victim —to pin a murder rap on the killer in this bizarre New England case! bea
| rising.
moned
vestigal
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The
debark:
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VICTIM— cernib!
What weird force was ahead
it that removed him his ke
from his beach grave?

BLOODSTAINS—
Police found them on floor of the room shown in the
photo. Section of floor was removed as evidence.

x
t
a

HINGHAM BEACH—
Near Hull, Mass. Frank Cusumano’s wrapped body
ott was found at spot indicated in photo by cross.

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~—s

Mummy on the Beach

[Continued from page 43]

a secret hiding place. He went out of the
front’ door in the direction of the depot.
Later, when he did not come back, she
became worried. That Monday she went
to his employer, the contractor, and re-
ported her fears. The pair then went to
the police.

Additional inquiry now revealed that
Frank, although well-liked and easy
going, had interfered during a quarrel
brought about by a fisherman’s argument
on a Boston wharf. The Mafia or Black
Hand, then, was still a thing to be feared
and real danger lurked through a careless
word or deed. Its sinister power was
widespread throughout the eastern
United States at the time. Could honest,
law abiding Frank Cusumano have fallen
a victim to this sinister organization?

Police checked the lodgers living in the
Cusumano home. From the boarders
they attempted to trace movements more
‘than a month old. Neighbors substan-
tiated Lena’s story, stating they had seen
Frank and the children go into the house
shortly after 1:30, followed by his wife.

A SEARCH along the shore of Bump-
kin island disclosed no trace of any
washed out grave. Chief Reynolds con-
tinued the investigation doggedly, follow-
ing a footpath leading to the beach where

.the body had been discovered.

He paused near an open space off the
path, where sand lying in a low oval de-
pression appeared to have been recently
disturbed. Kneeling, he ran his hand
across the surface. Except in that one
spot the sand seemed hard and weather-
beaten. Working with a small shovel, he
cleaned out the loose sand and severed
roots, leaving an excavation four feet
deep and some three feet in length.

Intermeshed roots ran along the ex-
posed sides of the hole and broken stumps
revealed where more roots had been cut
when the pit was dug. A scattering of
loose sand remained in the bottom.
Lowering his shovel to scoop out the
residue, the chief struck a soft but un-
yielding surface.

He cleaned out the sand with his hands,
uncovering a damp and mouldy Sunday

_ ‘comic supplement. He tried to raise this

to the surface. The wet pulp separated.
Glancing down at the fragment still
clenched in his fingers, he observed the
date line was still visible. It was Sunday,
Sept. 11, a week before Frank's dis-
appearance. He left, confident he had
located Frank Cusumano’s grave.

A ‘sharp cry from another searcher
came from a dense thicket across the
path. The chief clambered out of the pit
and hurried in the direction of the voice.
He found Officer Robert Goodwin stand-
ing near a stunted tree in a patch of
wooded land. Protruding from a bed of
sodden leaves was an ax handle.

Reynolds stooped and carefully re-
moved the litter of leaves filling the
hollow, uncovering a pick head ax. He
saw dark discolorations, faintly visible
through the protective coating of sand,
as he bent lower to further study the find.

He turned to the waiting officer. “Get
me some kind of a box to place this in so
that it can be moved without destroying
evidence.”

60

Goodwin returned with a wooden pack-
ing case. He placed the ax inside and
rushed it for further examination to Prof.
William F. Whitney of Harvard univer-
sity. In addition to specializing in anat-
omy, this expert chemist, a national
authority, had been devoting his life to
the study of bloodstains.

Reynolds then sought the engineer of
the town fire department. To him he
confidentially disclosed the new discovery
and asked what type of fire ax was used
by the department. The engineer replied
that it was regulation pick head equip-
ment.

“Any chance of someone not connected
with the department being able to secure
one of them?” the chief asked.

The engineer thought a moment. “I’ve
been keeping some of the apparatus here
at the stables in unlocked sheds,” he
stated. “But I do not think any outsider

would know where to go unless he was

acquainted with the layout.”

“Could I see one of those axes?”

The engineer led the way around to a
low wooden shed housing the town’s
ladder truck. From a standard near the
seat he took down an ax, painted red ex-
cept for a space near the razor-sharp
blade.

The chief examined this with interest.
As far as he could see it was the same
in design and weight as the one found
half-buried in leaves near the beach.

“Lost any of these recently?” he in-
quired, :

“Off this very truck,” the engineer an-
swered. “We had two of these, one on
either side of the ladders. The other day
I noticed that one was missing. The boys
tell me it’s been gone since spring.”

“You haven’t in mind anyone who
might have been interested in seeing it
disappear?”

“Not when you ask me that way,” the
engineer responded. “I’ll do some look-
ing around. Perhaps I’ll have some
ideas.” -

Some hours later Prof. Whitney of
Harvard contacted Reynolds at head-
quarters. “I’ve got some word for you
regarding that ax one of your men picked
up on the beach,” he said. :

“You mean you've found bloodstains?”

“Unfortunately I must disappoint you
there,” the professor answered. “I made
several tests but the blade is so rusty I
got no reaction. Nevertheless I’ve un-
covered other details which lead me to
believe you have located the death
weapon.”

“Such as what?” the chief asked breath-
lessly.

“When I came to examine the ax-
head,” Whitney explained, “I found two
short brown hairs clinging to the blade
edge. Further search led me to several
more hidden among the sand particles.
Under the microscope I found these to
be hairs from a human head.”

The chief’s interest quickened. “Go
on,” he said tensely.

“There is another important factor,”
Whitney continued impressively. “All of
the hairs had roots attached.”

“And that means—” .

“That they were extracted by force,
perhaps through a blow. Hairs which
fall out have a shrunken oot. If you can

secure several more strands from the.

dead man’s head I can readily determine
whether those in our possession are
similar.”

“I'm afraid that can’t be done,” the
chief said. “The corpse is completely
bald.”

Whitney did not appear disturbed. “It
may not be necessary to conduct such a
test,’ he answered. “If such a nee

‘arises we may find other means to meet

it.”

Meanwhile, as police investigators
combed Hull and the surrounding terri-
tory for further information regarding
the dead man, a curious bit of information
reached Reynolds through a prominent
citizen who insisted he remain nameless.

“Are you sure that contractor who em-
ployed Cusumano has told you all he
knows about the affair?” he asked.

“The contractor?” the police official
repeated. “What could he have to do
with it?”

“Maybe nothing and maybe a lot,” was
the astonishing reply. “You remember

when the body was washed up he and his’

sixteen-year-old son were among the first
to view it.”

“Yes,”

“T happened to be standing nearby and
both of them acted very disturbed when
they saw the quilt in which the body was
wrapped. The son called it to the atten-
tion of his father and they both moved
closer to examine it. As they went off,
I heard the son say: ‘That quilt came
from our place. If it should be recog-
nized, they'll say you killed Frank.’ ”

Reynolds asked other questions. He
also recalled: that when the contractor
had come to the undertaking rooms to
‘make the identification, he had remarked
that the quilt covering the body did not

look like the one which had been washed.

up on the beach. Reynolds knew it had
not been the same. It was the one which
Patrolman Tremaine had brought from
headquarters.

(CHIEF REYNOLDS immediately
sought out the prosperous contractor
on the pretext of learning further reasons
why he seemed so certain of the mummi-

fied corpse’s identity. The man replied ,

substantially the same as he had before.

The chief paused. “At the time you -

were at the undertaking rooms you
seemed interested in that quilt,” he began
tactfully.

“I asked if it was the one they found
wrapped around the body,” the contrac-
tor answered quietly. “Actually, I knew
it was not. The one used as the shroud
was of a log cabin design and the one at
Hingham was a crazy quilt.”

“Had you ever seen the first quilt
before?” :

The contractor hesitated. “I had,” he
admitted. “My son recognized it first and
then when I noticed a peculiar tear in the
blue lining which had been mended I
knew it was the same one.”

Pressed for a further explanation, he
explained that his business, in addition
to contracting, also handled the collec-
tion of ashes,and rubbish.

“Last summer one of ‘my collectors
brought in that quilt,” he stated. “My

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and he wan
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OARS AS REISE

infamous traffic in
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notorious ‘Dr.’ ey
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tory is told ina fascinating fact a
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< title of “GIRLS

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from the Cusumano children, who later
repeated in court what they told police.
The daughter said her mother had given
them five cents when they came in from
bathing on Sunday and told them to go
out and buy candy. When they returned
they found Harry and their mother in the
basement. The children were told they
must not go near the room with the sink
in it on the'first floor as it was locked.

“Did you see either your mother or
Mr. Marshall with an ax like this?”
Reynolds asked the girl.

“Mr. Marshall had one just like it,” the
child replied. “He brought it into the
cellar and laid it down after telling us not
to touch it.”

Reynolds smiled grimly when he heard
this. He returned to his office and closeted
himself with District Attorney Albert F.
Barker, reviewing in detail the tight web
of circumstantial evidence enveloping
Lena Cusumano and Harry Marshall.

“We found a bloodstained mattress
near the Cusumano home,” the chief
began. “The torn strip of ticking found
with the body matched the section miss-
ing from the mattress. The quilt in which
the body was wrapped was identified by
the contractor asthe one which the Cusu-
mano’s had been given. The wire bind-
ings from the corpse check under the
microscope with wire found in the vic-
tim’s home. The comic section found in
the grave and the Cusumano house bear
the same date-line and are from the same
supplement. Harry Marshall was em-
ployed at the fire station at the time the

pick head ax was stolen. With deposi-
tions of neighbors and the victim’s chil-
dren, I think we-have a clinching
case.” ‘
Meanwhile, at Medical Examiner
Peterson’s request, George Burgess Mc-
Grath, well-known medical examiner of
Suffolk county, Mass., was called into
the case. The body was again exhumed.
In an effort to make a positive identifica-
tion several hairs were taken from the
back of the mummified man.
The hairs, together with those found
on the ax and others taken from combings
on Frank Cusumano’s hair brush, were
split in half in a delicate laboratory test
conducted by McGrath and Prof. Whit-
ney. The hairs were found to be of the
same weight, texture and color. In the
opinion of these experts, the identity of
the mummy found on the beach was def-
initely established as Frank Cusumano.

On Oct. 26, 1910, a special session of:

the grand jury was called. Lena Cusu-
mano and Harry Marshall were indicted
for first degree murder. The trial began
Feb. 13, 1911, before Judge Schofield.

Late the afternoon of Feb. 25, the jury
retired. After an all-night session they
reached a verdict of guilty of murder in
the first degree.

On June 1, 1912, both prisoners were
sentenced to die in the electric chair.

A short time later, Harry Marshall paid
for his part in the shocking crime and was
electrocuted. The sentence of Lena
Cusumano, however, was commuted later
to life imprisonment.

Love Tryst of the Doomed Divorcee

[Continued from page 7]

closer inspection. Presumably this had
been placed in the car as a seat covering
for the worn upholstery. Suddenly I
saw a small object in the folds of this
spread. It was a tie clasp and it bore the
initials “G. I. M.”

The elated declaration that the killer
had inadvertently left his calling card
died on my lips when I recalled the watch
bearing the inscription “Red.”

“This clasp and the watch certainly do
not jibe,” I said. “I do not believe they
belonged to the same person.”

Which belonged to the murderer? Had
there been two murderers? The expensive
tie clasp suggested a man of some afflu-
ence, the cheap watch, one of poverty.
Which was correct? ;

“This gets more puzzling every
minute,” Chadburn said. “And whoever
did the job, has got a two days’ start on
us.

It was a puzzler, all right. We could
not accurately reconstruct the crime,
which is always important in helping to
get a picture of the physical and mental
make-up of the criminal. Had assault or
robbery been the motive? Had the
comely divorcee driven into this lonely
section with a man of her own choosing?
If so, had he turned out to be a Judas
friend? Was he “G. I. M.” or “Red” or
both? .

Had she been keeping a prearranged
tryst with one man, when another had
crept upon the scene and committed this
fiendish act? If that were true, where was
the first man and why had he not re-
ported the attack to us?

Further inspection of the car disclosed
a quantity of hairs on the upholstery
and‘on the bedspread. Some of them
appeared to be dog and cat hairs, but I
was not certain about others. I carefully
preserved all of them for future labora-
tory tests.

We burned the grass in a wide area
around the car in an effort to find the
murder weapons but the result was dis-
appointing. Leaving instructions for
having the car impounded, where it would
be dusted for fingerprints, I returned to

_ Deland.

Dr. Naff ya me a partial autopsy
report. One bullet had entered the right
temple and lodged in the brain.. Another
had entered the chin and ranged down
into the neck. This latter bullet, Dr.
Naff had recovered. It was of .25 caliber
and was in good enough condition to
identify the. weapon through a ballistic
test.

The pretty. victim had also been
stabbed in the face, the throat and twice
in the breast. In addition, she had re-
ceived a blowin the mouth strong enough
to lacerate both lips. A bruise on the
right side of the head indicated that
another stunning blow had been struck
there. .

“In my opinion,” Dr. Naff said, “the
small caliber bullets did not cause instant
death. The killer then cut her throat to
stifle her screams.”

“Was she criminally attacked, Doc-
tor?”

The surgeon hesitated. “I'd rather not
answer that positively, Sheriff,” he said.

-— 2 ees

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However, «
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“Yes, |

v 66 JOSEPH BARNARD’S DEATH (1608 4696) SMEAD AND GILLETT CAPTUR} 67
8 > grave of Joseph Barnard, and gives the date of his death as Ly J. S. escaped—the indians fearing a discovery by S. 16 of
. ‘September 6, 1695. : them hastened away toward the town, and three were ses
S This year the Indians were so troublesome that the General i J.G. It being lecture day the people were got out of y*S
; Court enacted that any Indians found within five miles east- : meadows, so that yy might attend y® le Ben in : y 2
x erly or twenty miles westerly of Connecticut river should be | came as far as Mr. Daniel Belding’s house Pt ed oe
s considered enemies, and offered a bounty for Indians captured, 3 gun shot of ye fort. Mr. B. being ios AES his ae In = .
= or the scalps of those killed, of $50 for men and $25 for 7 but just got home f™ the Fiealds & left his cart (yt was | pag
rs * women and children under fourteen years of age. 7 a w™ corn) & went into ye house & left ye xren - : ue =
= Octob 696, Richard Church of Hadley and two t indians rush Ege fe os. & y* S)
aN ctober 5, 1696, ley rushed upon them & took him prisoner & his son ©
Y friendly Indians were murdered while out hunting, and after Nath! agd 22 years of age & his daughter Esther age 1 S
~ a long and exciting trial, before a commission appointed by & kill4 his wife & his sons Daniel & John & tis 2 ibe >
the governor, two Albany Indians, Mowenas and Moquolas, 6 Thankful, & one of y™ took his son Saml from the ug = G
were convicted of the murder and were executed at North- he kickd & scratchd & bit, so that y° indian set hi ome

: . m down & 2
stuck y° edge of his hatchet into y® side of his head; he ®

twitched twice or thrice to pull it out & so left him for dead
(illegible) & as he came to himself he looked up & saw y™
running fr™ him. Bled considerably & brains came out oe
wound & went in a mazed condition towards y° fort, till he
came to y* little bridge where he fell off & was card ‘to Mr
Wm" & was so bad as left for dead, but it pleasd god his life
was sparé & his wound healeed & he is yet living ; he was
once or twice acc as dead, a day or two after his being wound
Abigail Belding another daughter was shot in y° arm ‘2
she was running to y¢ fort, but it is generally tho’t y® bullet
sien: her came from y¢ fort. Sarah Belding another ‘of y*
cers herself among some Tobacco in y* chamber &
The people in the fort (being then a i i
were alarmed & shot —. the F ort : ot aoe
eheiny in the fleshy part of the thigh. the indians fired ie
y° Fort and wound’ one Mr W™ (Zebediah)* as he opened

ampton, being shot by the sheriff. These were the first exe-
cutions in old Hampshire County. The execution caused
much excitement among the Albany Indians, and they were
greatly incensed against the New Englanders.

It was impossible longer to cultivate the Green river lands

and this year they were relieved from taxation.

“ber 16, 1696, John Smead & John Gil-
lett * being in the woods (on Green river)
looking or tracking bees, were besett by a
company of French Mohawks. J. G. was taken prisoner &

*“ Whereas John Gillit who hath been a very active and Willing souldr within
the County of Hampshire & Being On the 16th day of Septr 1696 out upon service
& togeather wth some others was that day taken by the enemy & suffering hardship
was carried to Cannadae Captive & there Remayned til Septr Last & then was sent
from thence Prisonr into old ffrance, & thence (by the Articles of Peace) hee sd Gillit
together with other Captives was released & carried to England; Since his Arrivall
there hath Lived & obtained pay for his Passage by the Charitie of Some English
Marchts there; & now being Arrived here destitute of Money or Cloaths for his presnt —
Reliefe Humbly propose it to ye Honorable Genll Corte to allow him something wt
this Corte judge meete for his prsent Reliefe. Sh aie

“ Archives, Vol. 70, p. 381. * SAMLL PARTRIGG.”

Province Laws, Chapter, 17 1698.

Resolved, That there be allowed and paid out of the public treasury the sum of six
pounds to John Gillett, for his present relief, having been imployed as a souldier in
his majestie’s service within the province, and taken prisoner by the enemy and carried
to Canada, and from thenceto old France, and now returned home. (App oved, June 17.)

pegnoe

:

QO69T/EC/OT BYXXXRXUX VW ‘uogdumeuqioy

Stephen Williams’
Manuscript.

* Province Laws, Chapt
ve 8, Chapter 45, 1697.
Rode Ber there be allowed out of the public treasury the sum of fifteen pounds
adiah Williams, a soldier wounded in his majestie’s service when Deerfield

was attacked, for his cure, loss of time and
’ expe “
ordered, -. (Approved October 26.) Berney Aen et perenne be accardlng'y

"HISPoR Or GREENFIELD” ShiréTaun of Franklin Crerthy
fi 2 brheud by 7 Morey! Sow. Greenfe/d Mass, 170¥.


156 DIARY OF SAMUEL SEWALL. (1686.

Friday, Nov' 5. One Mr. Clark [of the English Church]
preaches at the Town-House. Speaks sence against the
Presbyterians in England and here.

Satterday, Nov! 6. One Robison Esqr., that came from
Antego, is buried; first was had to the Town-House
and set before the Pulpit, where Mr. Buckley preached.
The President and many others there. Common-Prayer
used.

Monday, Nov! 8. Lewis arrives. I have a Gazett to
the 6" of September, by which are inform’d of the taking
of Buda [by the Imperialists], which heard of before by a
vessel from Bilbao.

Nov! 9. Mr. Shove at our house, went on to Raxbory,
after had sat with me awhile. I am ill of a Cold I took
on Friday, lies much in my head.

Thorsday, Nov: 11. I deliver’d my Commission to the
Council, desiring them to appoint a Captain for the South-
Company ; left it with them to put ’em in mind on’t. As
was coming home Capt. Hill invited me to his House where

unexpectly I found a good Supper. Capt. Hutchinson,

Townsend, Savage, Wing and sundry others to the num-

ber of 14 or 15, were there. After Supper sung the

46% Ps,

Wadham College, Oxford, where he was distinguished for mathematical and
general scholarship, he was also very zealous for the church rites and cere-
monies. Siding afterwards with the Puritans, he was ejected from his min-
istry at Blisland by the Act of Uniformity of 1662. Removing to London,
he for several years had a most successful academy at Newington Green, edu-
cating many ministers and many distinguished pupils, among them the famous
De Foe. He came to this country with a view to the Presidency of Harvard
College; but, as under the rule of Andros he was politically obnoxious, the
office of Vice-President was created for him. The earlier ministers of the
colony, beginning with Wilson, though they had been regularly ordained in
England, considered a reordination, by the imposition of hands, requisite
when they assumed the pastorate of a particular church. Though the fecling
in favor of the precedent was a strong one, Morton objected to it, and he set
tie example of a method which has since been known among Congregation-
alists in the resettlement of a minister previously ordained as an installation.
— Eps.

1686. ] DIARY OF SAMUEL SEWALL. 157

‘Friday, Nov! 12, I go to the Meeting at the School-

house.
Jn° Griffin is this week buried with the Cofion-Prayer:
Which is the third funeral of this sort, as far as I can

learn.
In the Preamble to the ee for the Thanksgiving, are

these words — As also for that His Majesties Kingdoms,

and other His Majesties Plantations, flourish in all happy
peace and tranquillity. It is therefore ordered ec.

Nov! 10, 1686. Second year of His Majesties Reign.

Tuesday, Nov! 16. I goe to Roxbury Lecture, and hear
Mr. Eliot, the father, pray and preach. Came home with
Mr. Moodey. This day Gardener arrives and brings Ga-
zetts to the 16% of September, in one of which is that on
the 13" of September His Majestie accepted of Rode-Iand
Surrender by their Address. At night Brother Longfellow
lodges here.

{ Wednesday; Noy' 17. At parting I give him 2 French
crowns and 15: English money, and writt to Stephen to
furnish him with cloths to the value of £5., and charg’d
him to be frugal.

Nov! 18. Jn° Neponet, alias Nemasit, executed. Mr.
Eliot hopes well of him.

This day sent for my Coat home from Capt. Gerrishes,
where I suppose I left it the 25 May, and now the cold
wether made me look after it.

Friday, Nov! 19. Went to Capt. Gerrish and paid him
18d., which laid out for crying my Coat, from thence Elia-
kim calls me to Mr. Moodey, so we together viewed the
Eclips. As to the time and digits the Cambridge Alma-
nack rightest ; had he not unhappily said ’twould not be
visible. Clouds hindered between whiles that could not
so well see how much the Moon eclipsed, but when near
half darkened,.and when emerging, had a good view.

_ This night Eliza Damon, servant to Nash the Currier,
dyes about midnight of the small pocks, to our great start-

°999T ‘OT *AON **ssey ‘Uoqsoy pesuey * UuYyor ‘LYNOdEN

JAMES E, NOWLIN, hanged Cambridge, Mass., January 20, 1888

"Boston, Jan. 20, 1888-dames E, Nowlin was hanged at Cambridge jail at 9:23 this morning for
the murder of George 4. Codman, his employer, on January ), 1887, The death sentence was
executed by Sheriff Cushing and his deputies without any occurrence to mar the proceedings,
and Nowlin's death, at least as far as his consciousness was concerned, was instantaneous.
He died repentant, and with unshaken firmarss.

"The details of the murder for which young Nowlin was today executed mark it as one of the most
horrible in the memories of New England crime, Early onthe mronig of Wednesday, Jan. 7, 1887,
a farmer of Lincoln, who was riding towards Lexington, saw what looked like a big snowball
lying two rods beyond the wall by the roadside, Upon investigating, what was his horror to
find that the object was a man's head. turning away he found, four or five feet to the right,
a bare arm lying in the snow. Jumping into his pung he drove rapidly to Lexington, wkere

he notified the Selectmen. A searching party was quickly made up, and the trunk of the body
was found hidden in a gully beside the road, nearly a mile from the spot where the head was
found,

"Bhe body was identified as that of George A. Codman, a Sommerville milkman, about fifty

years of age and unmarried, Investigation quickly led to the arrest of James Edward Nowlin,

a lad of 17 years, who was employed by Codman, Nowlin was confronted with the evidence accu-
mulated against him, and the toy began to weaken and finally made a full confession, admitting
that he alone had committed the crime, Codman's inclination to boast of his profitable busi-
ness furnished the motive for the crime, and, according to the boy's story, he expected to
secure fully $600 as the proceeds of the murder, expecting that Codman would have collected
that amount on Monday, He, however, realized scarcely half that amounte

"according to Nowlin's confession, he went to the stable at 2 o'clock Tuesday morning armed
with a carving knife, and laid in wait for Codman, Aided by the dim light of a lantern

which Codman carried, the murderer struck his victim a heavy blow on the neck, killing him
almost instantly, When satisfied that the man was dead, he covered up the body, pushed ih
into a corner, and spent two hours in an endeavor to clean up all traces of the work, About

5 o'clock Nowlin went home, awoke his younger brother, andt ogether they went over the regular
milk route, distributing cans to the regular customers, They reached home at 11 o'clock,

"Edward then atechis dinner, returned to the stable, dragged the body from its place of conceal :
ment, and, after locking the door, proceeded th search the body and cut of the dead man's
clothes, Finding the body too heavy to handle he dismembered it, put in the pung and started
out to conceal it, After going several miles he became panic-stricken, lashed his horse into

a run and at a point fifteen miles from home threw the fragments of the body out at different
points. He then drove home, arriving about 5 PM. B,fore starting out with the body he went

to Codman's boarding place and obtained his desk and money, stating that Codman sent hin,

"Nowlin was a generally bright and prepossessing fellow, and was the second eldest of four
hoys who lived with their widowed mother on Autumn Avenue, Summerville. Their father had
hanged himself a few years before, somewhere in the Provinces, 411 the boys had the reutation
of being rather wild, although previous to that time nothing actually had had been known of

t hem,"

PHILADELPHIA INQUIRER, P,iladelphia, Pa,, January 2l, 1888,


} ; o Pa ‘Oamb Iige MaASS&é és setts on Februa ry Leth, thy BB eee
MINGO, black, hanged at’ Cambridge, Massachus :

6. "Mingo' alias 'Cocho', hegro servant of Capt. Jonathan Dowse of
Charlestown. Convicted of raping 13 year old white girl, (Abigail
Hawse), on July 23rd 1711. There are sordid details. The record
states that he was charged with "abusing her body not after the
natural way of a woman but in a detestable & abominable way of
sodomy; a sin among Christians not to be named", (Note: In plain
English, he fucked her up the ass!) Death Warrant issued January
30th 1712. Executed at Cambridge Mass. on February 12th 1712.
(Note: Another new one. I might add that extraordinary pains seem
to have been taken somewhere along the line to hush up thts case).

s QR m De Hea Monroe, CT, who obtained
[ lated 3-19-1955 from Daniel Hea rn, I ? ? :
ile atate A rcehives from Records books, 1711-l171l<, of personal

clerk to Judge Sewall.

vo

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Mrs. Edward C. Pierce has
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as counsel to. collect her claim
for the rewards of 32500 whieh
‘were offercd oy the city, state ~
4 - and the citizens’ committee for. :
“information leading to the ars. "
x Test and conviction of the mur- :
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stone. Inasmuch as Eertram G.
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"Spencer has been committed to
> an insane asylum without be-
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‘jis doubtful if the rewards are’
‘paid“to Mrs. Pierce or to any-
-one else. Mrs, Pierce bases’
her claim for the rewards on
the fact that it was she who
first positively identified the fa-
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Speneer. it was this intorma-
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_ By WAYNE PHANEUF

Noise has a way of echoing off the hign ceilings
and enamel-painted brick of Hampden County Jail,
but at 10:13 on the morning of Dec. 31, 1898, the
silence was deafening.

A hushed crowd listened to the sharp snap of hinges
as Sheriff Embury P. Clark pressed a spring, and
the last man to be hanged in Massachusetts dropped
to his death.

Today, a 50-cent piece, worn smooth by the shuf-

fling feet of 77 years of prison traffic, marks the
spot where Dominique Krathofski was hanged.

Glass Case

In a glass case in the corner of the guard room
is the yellowed manilla rope that was used in the
execution, still greased so it will slide freely.

The Krathofski execution was unique because it
was the last hanging in Massachusetts. An act of
the Legislature abolished hanging, replacing it with
the electric chair, considered a more civilized form
of capital punishment,

Krathofski’s crime was sleazy and pitiful and
stands as a reminder of the conditions many im-~
migrants found in crowded city tenements of the
1890’s.

The Polish immigrant was found guilty of killing
his 16-year-old stepdaughter, Victoria Pinkos, in a
‘crime of lust and jealousy.”

The scene of the murder was a two-room basement
flat on Sharon Street, crowded with six occupants.

Krathofski, who was described in The Springfield
Republican as ‘‘worthless, a loafer who never did
any work,” shot the girl twice with a .32 cal. pistol.

She was found dead in her hea


ein ine sips
your Goor-ane
a _oee

hich will inelt

sas in a Polisn descent. She
TON gue two-rcom basenme

gt, with six

i * ad
mother ater,

: het eoulk
Rep or wing | what it termed

> and deprav-
sa vid the.
the:
y and,

COM ENneny 1 CON Visitors,
ee a

Tory.

- ine Krathotsici Mae ee
fri <3 and ar who id no werk,’’ who
a aay d previous serapes with the lo-:
te ad ai his ical police and who was wanted:
et hte : e beinous crime in Aus
en lend, where he former-|

renort said.
sher the victim
nen atternpied to take

ANNIVErS by shooting himself
dubious J with a .32 caliber re-
pass a oedine badly but still

ore ae mpts

el eutiion was handie fT one wat 9 hold mM
SES . eee ris ao

F, stbury ; 72 ae Hoe Was

Sek 2° AeA Gee

renended several piocks

Lavenazve Marrier
Police found the teen-azed girl
et 4. While there

t

i

em ) i

ay he for more than 2G vears, |
A sheriff of Hanipden. |

hie because
ity af most to speak

or several weeks,
from ithe)

Sy Fai
Bo GO

es SoUre relused {9
conviction an d in
. i825. the rourderer
enced “ta hang by the
dead.’

- enge ie that year re-
“that electrocution at:
ite Prison would:
to erlmes con

es
4

mimittedd
year, sa:

Hag ka

yal ex-

nurdet !
Victoria Pinkes,
Ata ay
The svatfoining, not used
Since the execulion of Helmes
business notices of ars eariiev, was erected
‘turder on Share south end of the suard
n Attempt At Suicide.” room, ciose to ihe door leading
a Step-letaer,” to the jail proper, the story re-
tive oo read. porred,
The a egeke weil pre-
2 VeLy. window eov-)
eee of white eleth:
outside froral

stemdauyhior

‘sive ta anivern

te we

vquber 3 Ai


a!

Q vies Wo. AA~C\ es 2piys Y

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Tab Thee as a ora

os

So RASS ese Sesame ses Seb agagegate ads

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zag es ' i e' ; hed : ‘ Ses: , Hy ene ~, .
bend OI? L La abs ih Sing did AV ic AOS! AV LALIOOSLLD

Springfield has the dubious clistinction of he an ng had
the last legal hanging in Massachusetts. On January 17,
1897. Dominique Krathofski killed Victoria Pinkos. He
was found guilty of murder in the first aegree and sen-

+ - i

enced Lo be hanged. He was hanged in the County Jail
Dec. 30, 1893 and Sherill Embury P. Clark officiated. The
rope with which he was hanged now reposes in the curio
cabinet at the County Jail. The next session of the Legis-
lature abolished the old form of capital punishment and
provided that all capital offenders in the future should be
electrocuted, and Krathofski was the last man to be hanged
in Massachusetts. azjghammoiar ors

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ee


is the yellowed manilla rope that was used in the
execution, still greased so it "0. freely.

The Krathofski execution wa jque because it
Was the iast hanging in Massachusetts. An act of
the Legislature abolished hanging, replacing it with
the electric chair, considered a more civilized form
of capital punishment.

<rathofski’s crime was sleazy and pitiful and

+t
tb
+3
JL

stands as a reminder of the conditions many im- -

migrants found in crowded city tenements of the
1890's.

The Polish immigrant was found guilty of killing
his 16-year-old Shaper ery Victoria Pinkos, in a

“crime of lust and jealousy.”

The scene of the murder was a two- -room basement
flat on Sharon Street, crowded with six occupants.

Krathofski, who was described in The Springfield
Republican as ‘“‘worthless, a loafer who never did
any work,”’ shot the girl twice with a .32 cal. pistol.

She was found dead in her bed.

The murderer then turned the gun on himself and
fired a shot that entered his head through his ear.
He hovered near death for several days, but lived
te stand trial and be hanged.

Lonely Trip |

Krathoiski made a lonely trip to the gallows, ac-
companied by a Polish priest, the Rev. F. T.
Chalupka. The condemned man’s wife was in jail
in Shelburne at the time, serving a sentence for
adultery. ©

Sheriff Clark read the death warrent and Turnkey
N. B. Wade bound Krathofski’s hands before the
climb up the gallows steps began.

Krathofski was said to have been pale and
“trembled convulsively”’ as he was led to the waiting
noose,

The condemned man tcok one last look at the crowd
of 45 witnesses be tite the noose was tightened and
a black hood placed over his head.

Sheriff Clark solemnly read these words:
“Dominique Krathofski, having been indicted, tried
and convicted of the crime of murder in the first
degree, and having been-sentenced to death by
hanging, it becomes my official duty to execute the
sentence of death, upon you which I now perform.”

Tigntening Rope
Silence. Then, the hinges snapped and there was
a thud of tightening rope.

Death did not come swittly to Krathofski . The
trop did not break his neck, and he lingered for
early 15 minutes, while Dr. C. P. Hooker took the
ce of the dangling man every minute.

When the execution was over, a 50-cent piece from
the dead man’s pocket was placed in the iloor, where
it remains today.

ee ok

The Springfield Historical Society will meet Monday
at 7:30 in George Waiter Vincent Smith Museum
to elect its first slate of officers. A tour cf the
museum will follow the :neciing.

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Xv

516 XI. AMERICAN STATE TRIALS.

Do you know that any other
poison besides the potter’s lead
was given to your master? Yes.

What was it? It was water
which was poured out of a vial.

How do you know that, that
water was poison? There was a
white powder in the vial, which
sunk to the bottom of it.

Do you know who put the
powder into the vial? I put the
first powder in,

Where did you get that pow-
der? Phebe gave it to me up in
the garret the sabbath day morn-
ing before the last sacrament be-
fore my master died, and Phoebe
at the same time told me Mark
gave it to her.

What was the powder in when
Phoebe gave it you? It was in
a white paper, folded up square,
both ends being turned up and
it was tied with some twine.

How much powder was there
in the paper? There was a good
deal of it. I believe near an
ounce.

Did you put all that powder
into the vial? No, I put in but
a little of it, only so much as
lay on the point of a narrow
piece of flat iron, with which I
put it in, which iron Mark made
and gave it to me to give to
Phebe. Mark gave me the iron
the Saturday before the sab-
bath. I asked him what it was
for, he would not tell me; he
said Robbin gave him one, and
he had lost it; and that he him-
self went into the shop and made
this. I gave the iron to Phoebe
that same afternoon, in the
kitehen; and the next morning
she gave it to me in the garret,
and Quaco was there with her;
she whispered to me and told me
to take the paper of powder
which was in the hollow over the

window, and the flat iron which
was with it and put some of it
into the vial with the iron which
I did; and she bid me put some
water into it, but I did not; but
she afterwards put some in her.
self, as she told me, and she put
it into the closet in the kitchen
in a corner behind a black jug;
and the same vial was kept there
until my master died.

Had your master any of that
water which was put into the
said vial given to him? Yes, he
had. How was it given to him?
It was poured into his barly
drink and into his infusion, and
into his chocolate, and into his
watergruel.

Who poured the water out of
the second vial into the choro
late? Phoebe did, and master
afterwards eat it.

Who poured it into his barly
drink? I did it myself; I
poured a drop out of the vial
into the barly drink, and I felt
ugly, and poured the water out
of the mug again off from
the barly and put clean water
into the mug again and covered
it over that it might boil qnick.

Who poured the water out of
the vial into the infusion?
Phoebe did.

How do you know it? I came
into the kitchen and saw her do
it.

Did your master drink the in-
fusion after that water was #0
poured in? He drank one tea eup
full of it.

How do you know that Phoebe
poured any of the poisoned wa:
ter out of the vial into your
master’s chocolate? She told me
she had done it.

When did she tell you so? That
same day.

Was it before or after your

MARK AND PHILLIS. 517

master eat that chocolate that
the poisoned water was poured
into, that she told you so? Be-
fore he eat it.

Did you see him eat that choc-
olate? Yes, I did, he eat it in
the kitchen on a little round
table.

Who put the second powder
into the vial? Phoebe put it in;
I left part of the powder she
gave me in the paper, and she
afterwards put that into the vial
as she told me, as I was in the
cellar drawing some cider, I
heard Phoebe tell Mark that the
powder was all out, and all used
np.

"When was it that you heard
Phoebe tell Mark so? The
Wednesday before my master
died.

Do you know of any more pow-
der being got to give to your
master? Yes, but master never
took any of it.

Who got this last powder?
Mark got it.

What did he do with it? He
gave it to me, in our little house.

What sort of powder was it
that Mark gave you? It was
white, the same as the first.

What was it in? In a piece
of paper; he had more of that

owder than he gave me, it was
in a paper folded up in a long
square, he tore off part of that
paper, and put some of the pow-
der into it, and gave it to me
and kept the rest himself, and
at the same time that he gave it
to me he told me that Robbin
said we were damned fools we
had not given master that first
powder at two doses, for it
would have killed him, and no-
body would have known who
hurt him, for it was enough to
kill the strongest man living; up-

on which I asked Mark how he
knew, it would not have been
found out, he said that Mr. Sal-
mon’s negroes poisoned him and
were never found out, but had
got good masters and so might
we.

What did you do with that
powder which Mark gave you? I
put it into the vial and set it in
the same place it was in before,
there was some of the first pow-
der and water remaining in the
vial when I put this last in.

Do you know that any of the
water that was in the vial after
you put this last powder in was
given to your master? No, he
never had a drop of it. The
next day after master died Mark
came into the closet where I was
eating my dinner and asked me
for that bottle. I asked hin
what he wanted it for, and he
would not tell me, but insisted
upon having it, upon which I
told him that it was there be-
hind the jug, and he took it and
went directly down to the shop
in the yard, and I never saw it
afterwards until Justice Mason
showed it to me, on the fast day
night.

Do you know where Mark got
that powder which he gave to
you? He had it of Robbin, Dr.
Clark’s negro; that lived with
Mr. Vassall.

How do you know that Mark
had that powder of Robbin? The
Thursday night before my mas-
ter died Mark told me he was
going over to Boston to Robbin
to get some more powder for the
said Phoebe told him the other
was all out; and Mark went over
to Boston and returned again
about 9 o’clock; and I asked
Mark if he had got it, and he
told me no, he had not, but Rob-

520 XI. AMERICAN STATE TRIALS.

little iron skillet on the fire, and
nobody was in the kitchen then,
but when I returned Mark was
sitting on a form in the corner,
and I afterwards found some of
that lead in the skillet, and
neither Phoebe nor I had any
such lead.

Do you know of any other poi-
son prepared for, or given to
your master? No, I do not.

Who was it that first contrived
the poisoning of your Master
Codman? It was Mark who first
contrived it. He told Phoebe
and I that he had read the Bible
through, and that it was no sin
to kill him if they did not lay
violent hands on him so as to
shed blood, by sticking or stab-
bing or cutting his throat.

When was it that Mark first
proposed the poisoning of his
master? Some time last winter;
he proposed it to Phoebe and T,
but we would not agree to it,
and told him no sueh thing

‘ should be done in the house; this
before my master brought him
home from Boston.

Did he ever afterwards pro-
pose the poisoning his master?
Yes, he did; a week or a fort-
night after my master brought
him home from Boston, he pro-
posed it to me first, and I would
not agree to it, and then he pro-
posed it to Phoebe,

What reason did Mark give
for poisoning his master? He
said he was uneasy and wanted
to have another master, and he
was concerned for Phoebe and I
too.

Do you know how your mas-
ter’s work house that was burnt
down came on fire? Yes, I do.

How came it on fire? I set it
on fire, but it was through

Mark’s means, he gave me no
rest till I did it. ;

How did you set your master's
work house on fire? I threw a
coal of fire into some shavings
between the blacksmith’s shop
and the work house, and I went
away and did not see it kindle.

Who put the shavings theref
Mark did.

Was anybody concerned in the

_ burning the work house besides

Mark and you? Yes, Phoebe
knew about it as well as I.

Where was Phoebe and Mark
when you put the coal of fire
into the shavings? They were
up garret in bed.

Who first proposed the setting
the work house on fire and what
reason was given for doing it?
Mark first proposed it to Phoebe

and I; and the reason he gave us

was that he wanted to get to
Boston, and if all was burnt
down, he did not know what mas-
ter could do without selling us.

Why did you when Phoebe
poured some of the water out of
the vial into the chocolate tell
her, “her hands were heavy?”
I thought she poured in too much,
more than she should. I felt
ugly and I ‘wan’t willing she
should put in so much and that
he should be killed so quick.
Mark’s orders were to give it in
two doses, that was the directions
Robbin gave to Mark, as Mark
told me, and Mark said Robbin
told him there was no more taste
in it than in cold water.

Why did you not tell your
master or some of the family
that Phoebe had poisoned the
chocolate, and thereby prevent
your master’s eating it? I do
not know why I did not tell.

There was next read the et-
amination of Mark, the pr

?

MARK AND PHILLIS. 521

ener, before Attorney General
Trowbridge and Thaddeus Ma-
son, on July 26 and August 2.

The Attorney General. What
is your name? Mark.

Are you a servant or freeman?
A servant. Mr. John Codman
was my master,

How long was you his ser-
vant? For several years before
and until his death.

Do you know what oceasioned
your master’s death? He was
poisoned.

What was he poisoned with?
With poison that came from the
doctor’s.

_ What doctor? Dr. Clark that
lives at the north end of Boston.

What sort of poison was that?
It was a white powder put up in
a paper.

How do you know that that
powder came from Dr. Clark’s?
Robbin the negro fellow that be-
longs to Dr. Clark gave it to me.
_When and where did Robbin
rive you that powder? A week
day night, at his master’s barn.

Was there any person present
with you when Robbin gave you
that powder? The first time the
negro man his fellow servant
ealled him out, it was in the
evening near 9 o’clock.

How many times had you such
powder of Robbin? Twice only.

When was the last time you
had any such powder of him?
The sabbath day night before my
master died, in the evening after
eandle light.

ere was it you had this last
poy ser of him, and what was it
nf He gave it to me in the
same barn, it was done up ina
ong Square in two papers, the
outermost paper was brown and

the innermost aper was whit
¢ e
as the other va P

What did Robbin give you
— powders for? To ial

ree pigs belonging to
as Phoebe told Sn 2 eee

How long ago was it since
Robbin gave you the first of
these powders? I can’t certainly
tell.

Was it before Robbin and you
were together at John Harris ve
potters work house? I think it
was before.

How long before was it?
ae a week before.

1d you pay Robbin anythin
= these powders? No, t did
not.

What did you do with them?
Phoebe had the first; and she
sent Phillis for the second and I
a it to her,

hen and where did you give
Phoebe the first paper of that
powder? In our garret; the
same night I brought it over.

Was anybody there when you
gave it to her? No,

What did she do with it? She
took it and put it upon the table.
Did you give her the whole of
the powder you had of Robbin
the first time? Yes, T gave her
the paper with all the powder in
it, as I received it of Robbin.

Did you tell her what was in
the paper? No. She knew what
was in it; for she told me what
to get.

What did she tell you to get?
Something to kill three pigs.

Did Robbin give you any di-
rections how to use that powder,
and tell you what effect it would
have? He told me to put it into
about two quarts of swill or In-
dian meal, and it would make
’em swell up.

Did you tell her how she must
use the powder or what effect it


522 XI. AMERICAN STATE TRIALS.

would have? Yes, I told her as
Robbin told me.

Do you know whether she used
that powder or any part of it?
Not otherwise than as Phoebe
and Phillis told me since by mas-
ter’s death.

Who did you give the second
paper of powder to? To Phil-
lis.

When and where did you give
that paper of powder to Phillis?
In the little house; she came to
empty a pot over the wharf,
and I gave it to her, the Monday
before my master died, after
breakfast in the forenoon.

Did you then give her all the
powder you received of Robbin
the second time? Yes. I took
off the brown paper and gave it
to her in the white paper, that it
was in, when Robbin gave it to
me.

What did she do with it? She
carried it into the house to
Phoebe as Phillis told me. She
came to me and told me Phoebe
sent her for that thing that she
sent me for, and thereupon I
gave Phillis the paper.

How was your master poisoned
with these powders? Phoebe and
Phillis told me that they used
them for that end.

When did they tell you this?
The next day after my master
died.

Were they together when they
told you so? No. Phillis told
me of it first, and said that
Phoebe used all that I brought
first that way; and that the last
was used so too by ther and
Phoebe; and then I went to
Phoebe and asked her about it,
and she denied it at first but
when I told her that Phillis had
told me all about it, then she
owned it.

Had you no reason before your
master died to think that the
powders you had of Robbin were
given to your master or that hoe
was poisoned therewith? No
other reason than hearing
Phoebe the Saturday night be-
fore master died ask Phillis, if
she had given him enough, to

' which she replied, yes. I have
- given him enough, and will stick

as close to him as his shirts to
his back; but who she meant I
did not then know, nor until aft-
er master died.

Was there no discourse had be-
tween you and Phoebe and Phil-
lis about getting more poison,
after you had the first of Rob-
bin? The Friday before my mas-
ter died Phoebe told me that she
had lost that stuff that I had
brought to her from Robbin, and
desired me to get her some mon.
I told her I would when I went
over to Boston; this was in tho
forenoon, when she was washing
in the back yard.

Did you get her any more of
Robbin? Yes, and that was it
which I gave to Phillis.

When did you go over to get
the last poison? On the Satur-
day night before my master died;
I went over after sunset; I went
directly to Robbin and told him
T wanted some of the same I had
of him before, for that was lost,
Robbin was then at the corner of
his master’s house out in the
street, he told me he could not
get any then, but if I would come
on the sabbath day night he
would let me have some, and I
went to him on the sabbath day
night after candle light and he
then gave it to me.

Was there anybody with you
on the Saturday night when you
asked for the poison, or do you

PORE LONE A Se? 1s

MARK AND PHILLIS. 523

know whether any person saw
you and Robbin together that
evening? -No, nobody was there,
and I don’t know that anybody
saw us together that evening.

How long was you with Rob-
bin at Mr. Harris’ work house?
I made no tarry there, but left
him at the pot house and he
and the young man that was with
him followed me and overtook
me a little below Mr. Waite’s
slaughter house. And they went
with me into the lane leading
from the market place to the
long wharf near Mrs. Shearman’s
while I went into Mrs. Shear-
man’s and got a mug of toddy,
in the mug I brought from Mr.
Harris” work house, and I ear-
ried it to them and they both
drank with me.

Had you any discourse with
Robbin in private or ‘between
you and him alone that day? No,
none at all.

Where did you drink the tod-
dy? In the lane.

Where did you all go after
you drank the toddy? We all
came away together and went
through Mr. Sprague’s yard and
so through Mrs. Silence Harris’
yard and entry into the street,
and they went directly down to
the ferry and I went into my
master’s yard with the pots I
brought from the potters work
house,

Did you then go with them to
the ferry or nearer to it than
your master’s house? No, I did
not.

Did Robbin give you, or did
you give Robbin anything  be-
tween the time of your coming
out of Mr. Harris’ entry and his
Foing over the ferry? No, I did
not give him anything, neither
did he give me anything.

After you had parted with him
when you came through the en-
try, did you call him back? No,
I did not.

Did your master that day for-
bid Mrs. Shearman’s letting you
have any more drink? Yes, my
master told her not to sell any
drink to any of his servants.

Did Robbin know of it? Not
that I know of; he see master go
into Mrs. Shearman’s shop and
passed by Robbin in the lane as
Robbin told me. eee

Did you ever apply to any-
body else, besides Robbin ‘for
poison? No, only to Carr, Dr.
Gibbon’s negro man, and then
Phoebe sent me for it. She had
been with Carr before on the
same account, and he told her he
could not get her any then, as
she told me.

Did you get any poison of
Carr? No, he told me he would
not let me have any, until he
had seen Quaco and did not know
whether he should then or not,
and I never went to him after-
wards.

Did you never ask Dr. Rand’s
Cato for any poison? No, I’do
not know that I ever did in the
world.

Had you and Phoebe any con-
versation together about your
master in or near your black-
smith’s shop or in the yard the
Monday before your master died ?
I had not that I know of. 7

Did you that day before Tom
or any other of your master’s
Servants say that you knew that
your master would die or utter
any words to that effect? No, I
did not. The day before master
died, Phoebe came into the shop
to dress Tom’s eye and got to

dancing and mocking master ‘and

shaking herself and acting as


518 XT. AMERICAN STATE TRIALS.

bin was to bring it over the next
night; and between 8 and 9
o’clock that next night, a negro
fellow came to me in our yard
and asked me for Mark, and I
asked him his name but he would
not tell me, and I said to him,
countryman, if you tell me your
name I’]l eall Mark, for I know
where he is, but he would nof.
I then asked him if he was not
Robbin Vassall (for I mistrusted
it was he). and upon that he
laughed and said his name was
not Robbin Vassall, but he came
out of the country and wanted to
see Mark very much about his
child; and upon my refusing to
tell him where Mark was the ne-
gro went away down to the fer-
ry, and followed him at some
distance and saw him go into the
terry boat, and the boat put off
with him in it. That same Fri-
day, in the afternoon, Mark told
me if any negro fellow should
come and say that he came out
of the country to call him, I
asked him what negro it was that
he expected would come; he told
me it was Robbin, and that he
was to say that he came out of
the country to speak with Mark
about his child, and bid me tell
nobody about it.

Do you know Robbin, Dr.
Clark’s negro? I do, and have
known him for many years.

How then happened it that
you could not certainly tell
whether the negro that asked for
Mark was Robbin or not? Be-
cause it was dark; so dark I
could not see his face so as cer-
tainly to know him, but I am
fully satisfied it was Robbin.

What reason have you to be
satisfied it was Robbin? That
same night I told Mark that a
negro fellow had been there and

asked for him and wanted him,
he asked me why I did not call
him, I told him our folks called
me and I could not, Mark told
me he was very sorry I did not,
and asked me if he gave me any-
thing, I told him he did not, he
said he was very sorry he did
not; then I asked him who it was
and he said it was Robbin, and
then he told me that he thought
Robbin and he had been playing
blind man’s buff, for they had
been over the ferry twice that
night and missed one another;
and that Elijah Phipps and Timo
Rand told him that a negro fel-
low had been over the ferry to
speak with him about his child.
And then Mark told me he
would the next night go over to
Robbin and get some more of the
same powder, and would bring
it over on the sabbath day and
he went to Boston on the Satur-
day night, but did not return till
Monday morning, when he
brought it and gave it to me in
the little house, as I told you be-
fore.

Did you see Robbin at Charles-
town in the time of your mas-
ter’s sickness or about the time
of his death? Yes, I saw him
on Tuesday the ship was
launched, when my _ master
eatehed Mark buying drink at
Mrs. Shearman’s to treat him
with, and drove him away; and
T saw him at Charlestown on the
Saturday after my master was
buried; but I did not speak with
him at either of those times. The
Tuesday he was before our shop
door, in the street, with Mark
and had a bag upon his shoulder,
and on the Saturday in the aft-
ernoon I saw him going up the
street by our house, while Phoebe
and I were washing in the baek

MARK AND PHILLIS. 519

ard; I told Phoebe there was
Robbin a going along this min-
ute, and she said is he? and
asked me what clothes he had on;
I told her he had a bluish coat
on lined ‘with a straw colored or
yellow lining and the cuffs open
and lined with the said yellow
lining, and that he had a black
wig on; and I told Phoebe I be-
lieved he was gone up to Mark
to tell him not to own that he
had given anything to him, and
Phoebe said she believed so to;
and I went into the street to the
pump with a pail to get some
water, designing to see whether
he went that way, and I saw
him go right up the main street
and I could see him as far up as
Mr. Eleazer Phillips’, and I did
not see him afterwards. I never
eee him with a wig on before,
bot as he went by us he looked
me full in the face and I knew
it was Robbin. When I told
Phoebe that Robbin was going
by, I thought she saw him, but
she questioned whether it was he,
and I told her I was sure it was
he, for I had known him ever
rince he was a boy, and I told
her I would lay a mug of flip
that it was he, but she would not;
and then it was that I told her I
believed he was gone up to Mark,
ete,

Do you know what powder
that was which Mark and Phoebe
gave you, and you put into the
vial? Mark told me it was Rats-
bane, but I told Phoebe I be-
lieved Mark lied and that it was
only burnt alum, for I told her
that upon taking Ratsbane they
would directly swell, and master
did not swell; and she said she

lieved so to.

How many times was any of
that water, which was in the vial,

put into your master’s victuals?
Not above seven times.

When was the first time? The
next Monday morning after
Phoebe gave me the first pow-
der, then it was put into his
chocolate by Phoebe. The next
was also put into his chocolate
by Phoebe on the next Wednes-
day morning, and 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 Friday
when Phoebe put some into his
chocolate, and my master eat the
chocolate all the three times
aforesaid in the kitchen, and I
was there and saw him. The
next was on the Saturday fol-
lowing, when I put some into
his watergruel, but I felt ugly
and threw it away, and made
some fresh, and did not put any
into that. The next was on the
afternoon of the same Saturday,
I made him some more water-
gruel and poured some of the
water out of the vial into it, and
it turned yellow, and Miss Betty
asked me what ‘was the matter
with the watergruel and I gave
her no answer; but that was
thrown away, and more fresh
made, and Miss Molly was going
to put the same plumbs in again,
Phoebe told her not to do it, but
she had better put in some fresh
plumbs, and she did; and no poi-
son was put into that. It was by
Phoebe’s advice that I put it into
the first this afternoon. And he
had no more, that I know of till
the next Monday night, when
Mark put some of the potter’s
lead into master’s sago.

How do you know that Mark
put any of the potter’s lead into
the sago? When I went out of
the kitchen I left the sago in the


RANK M. REYNOLDS, chief of police at Hull,
Massachusetts, stepped with relief from the warm
and dusty car to the cool, windswept sand of the
beach. It was early morning and the sun was just
rising. Reynolds had been roused from his bed and sum-

moned to the shores of Hingham Bay by a native to in-

vestigate a body which apparently had been washed

ashore during the night.

The stretch of beach where the police officer had
debarked with Patrol Officer Harry Tremaine was,
despite its odd charm, a cold, lonely and desolate place.
The chief saw nothing but the road running east and
west; a house here and there, but no activity—nothing
except sand, brush and rough grass. The road paralleled
the ocean cliffs for a short distance, then abruptly cut
off southward.

As he strode toward the summit of the overhang,
Reynolds looked about sharply for footprints. Per-
haps the body had not been washed ashore as reported,
he considered. But there were no footprints dis-
cernible in the shifting mass underfoot. He hurried
ahead now, 4 powerful man with broad shoulders,

his keen brown eyes squinting against the rising sun.

From the high bank, Reynolds had an excellent view
of the white beach. It looked peaceful enough except for
a group of perhaps a dozen or fifteen persons huddled
about a huge bundle. The police chief slid down the
steep, narrow path with Officer Tremaine close behind.

As he approached the small circle, the breeze caught
one corner of the macabre shroud and whipped it aside.

Color drained from the faces of the men as they gazed
down into the eyeless sockets of a corpse, whose face

was shriveled like a mummy’s. After pausing mo-

mentarily in horror, the police chief stooped to examine
the grim object. As he did so, a 16-year-old youth

detached himself from the circle of morbidly curious’

and peered intently at the oddly-quilted covering, then

spoke in a guarded tone to the man beside him.

The investigator recognized the man as a well-known
Boston contractor and realtor and half rose from his posi-
tion as if to speak to him. But the man and the boy
turned suddenly and slipped away through the crowd.

His mind intent on the task before him, Reynolds
let the pair go and directed his attention to the cover-
ing—a bizarre log-cabin design in blue. His keen
glance shifted to the wire which held the cloth in place

By EUGENE PAWLEY


i none,
Ud like

sympathetically.
p you,” he said.
what I hear on
. know--—a lot of
vesn’t mean any-
to turn away.
ce you in about

dy hit the floor.”

ere bleak, tight-
iftly to the door.
‘round calmly.
r said hoarsely,
ng abouta...

d thoughtfully.
ite on one,” he
t idle talk, like

‘pped around a
face was ugly,
. terror. “I know
» pin on me!” he
-hey want me to

ht job! Well, I
Rom did it! He
‘t night! He told

lasted ihe fellow
in the store.”

minutes the se-
Gauthier had
tement of facts on
Che prisoner had
‘ame to his room
trict a short time
ane asked to be
tie said he’d just
d to blow out of
sund on his right
d a handkerchief
“> him to that
several men
sked when he
Nas midnight.
ive, he gave mea
d me to get rid

Flint, Miller had
in a lake at the
ted that he had
un.

Flint, Miller re-
tatements against
for the benefit of
ough the murder
ted, the jury in-
st-degree murder

e, had requisi-
iends” who had
night presence at
party. All five
to false state-
had been ‘too
en Rom had ac-

reiterating his
\ trial for murder
in the Genesee
\fter a three-day
cated barely two
‘ned a verdict of
idge Edward D.
‘nced Rom to a
.a sentence that
) life imprison-
in’s mandatory
e murder.
cleared of com-
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old holdup and

> names Gladys
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ry are fictitious.

ELEMENT TE: TLRS. TRANMERE ENS ooo Tee aanammma MAREE Ie

under-
to know

DETECTIVE

honest persistency, he was beginning
to take part in the town affairs and
had won the admiration not only of
his fellow-townsmen but the high re-
gard of the Boston colony of Italian-
Americans. He had vanished from
sight on September 18, 1910.

“Cusumano worked for you, didn’t
he?” Reynolds asked.

The contractor nodded. “He was one
of my best men. Used him to oversee
some of my most important jobs. He
was planning to start up his own busi-
ness as soon as he could raise sufficient
funds. He not only knew good work
but could get the best out of the men.”

“T remember you came up to see me
with his wife the day after he
vanished.”’

“Mrs. Cusumano was worried,” the
man explained, “and Frank was too
valuable a workman to allow his drop-
ping out of sight to go unnoticed. At
the same time we notified you, we also
went to the Boston police.”

The police chief recalled the cir-
cumstances. He also remembered that
during the time the man had been
residing in Hull he had gone away
before under much the same circum-
stances, to be located later in various
parts of the country. Once he had gone
as far as New Orleans. Reynolds spoke
of this now.

“It was the man’s only fault,” the

contractor answered. “Every once in
awhile, Frank would get the wander-
lust, leave his wife and children and
disappear for two or three weeks. This
time he told her he was going to
Hingham to look over some property
and took two hundred and fifty dol-
lars of their savings. When he didn’t
return, his wife feared someone might
have learned he was carrying that
much money and waylaid him.”
- “We’ll bring Mrs. Cusumano down
here to have a look at the body,” Rey-
nolds stated. “Perhaps she remembers
some physical mark which will enable
us to make a definite identification of
this corpse.”

When the man did not reply the
police investigator returned to the
body. The contractor’s gaze had gone
to the quilt. He was regarding it with
growing surprise.

“That doesn’t look like the same one
that was found with the body,” he
finally remarked.

HIEF REYNOLDS drove to the

comfortable home of Frank Cu-
sumano, where in addition to raising
a family, the missing man and his
wife had added to their income by
maintaining a small boarding-house.
The wife, a frail woman in her middle
twenties, came out to the car. From
the doorway peered the heads of sev-
eral curious youngsters.

Lena Cusumano recognized the po-
lice chief, but she‘stared at him for
several seconds, her dark eyes wide
with worry, before she dared trust her
voice. “You bring me word of
Frank?” she said hesitantly.

The chief nodded, disliking as: al-
ways, this task of bringing bad news.
“Theve's a possibility that the man on

HOT-SEAT

Continued from page 49

the beach may have been your hus-
band,” he said.

The wqman grasped the car’s side
for support. ‘I was afraid something
happened,” she said. “The past few
nights I have had such bad dreams.
But I had hoped :

“We may still be mistaken,” Rey-
nolds said reassuringly. ‘‘That’s why
we want you at the mortuary.”

Mrs. Cusumano cringed. It was ap-
parent she had heard in what condi-
tion the body had been found.

“If you wish, take someone with
you,” the sleuth added kindly.

The slight woman glanced toward
a neighbor’s house. The windows were
dark. She turned to regard her own.
All of her lodgers had been planning
to go out, she stated, and she thought
they had departed. She would see.

She was gone only a few moments,
when she returned with a man she
introduced as Harry Marshall. She had
caught him, she explained, just as he
was going out the door. He was will-
ing to go with her. He, too, worked
for the contractor and knew her hus-
band well. Perhaps he might aid in
the identification.

Reynolds escorted Lena Cusumano
and the lodger to the funeral parlor.
As they crossed the threshold, Lena’s
composure broke. The others waited
until she mastered her emotions, then
followed her into the back room. Tears
filled her eyes as she stared at the
body. But when Reynolds asked her
if she recognized. the man, she shook
her head,

“It is frightening.” she exclaimed,
“but I know it cannot be my Frank.”

She began to sob brokenly and
Marshall led her from the room.

A moment later Marshall returned.
He stood ‘there for several minutes,
eyes intent upon the dead man’s face.
“y don’t believe that is Frank Cusu-
mano,” he said finally.

Reynolds went into the adjoining
room and spoke gently to the bereaved
woman. “Please forgive me for ques-
tioning you at a time like this. But it
is my duty. The quicker I learn all
available facts relating to your hus-
band’s departure, the quicker we’ll be
able to solve the mystery of his
whereabouts.”

Reviewing the events leading up to
Cusumano’s disappearance, the inves-
tigator learned that Frank and his
wife had gone swimming shortly after
noon on Sunday, September 18—the
day he disappeared. They had re-
mained on the beach until 1:30. No
lodgers were in when they returned,
and the house for the time had been
deserted.

Cusumano, still wearing ‘his bath-
ing suit, had entered the house through
the cellar and brought a pail of clams,
dug at low tide, into the kitchen. He
set these in the sink and went into
his bedroom to dress.

Mrs. Cusumano was still wearing
her beach togs when he returned to
the kitchen wearing his best clothes
and asked her for some money. She
had given him two dollars, but her
husband told her of his anticipated

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89


and to the surrounding terrain. Then he turned to the
man who had summoned him. “When did you discover
this?” he inquired.

“At about six o’clock, as I said over the phone. I was
up early and since it was such a beautiful morning |
decided to take a walk down the beach. T own all the
property along the bay and I often take a turn around
thinking about developing it into a private beach.”

“Were you home last evening?”

“Ves,” wag the quick reply. “I didn't leave the house
after dark, because of the thick fog. You couldn’t see
your hand before your face. I had planned to entertain
some boys at cards but they changed their plans be-
cause of the fog.” .

Reynolds studied the beach again. Finally, he said,
“To get to this point on the beach, it would be necessary
to pass your house?”

The witness nodded. “That’s right, but hardly any-
one comes here this time of the year. And I didn’t hear
a sound all night. I just stumbled upon the body as I
started my walk, and I called you immediately. Guess
I attracted the passersby as you can see, but I’ve kept
everyone away, as you suggested.”

The chief looked out across the waters of Hingham
Bay toward Bumpkin Island barely discernible through
the haze which rose from the sea. “With the wind and

THE CUSUMANO HOME—
in Hull, Mass., was beset by tragedies culminating
in the death of its owner, a well-respected citizen.

high water of Jast night,” he observed, “a current run
ning past the island might have washed the body ashare
at this point.”

‘Hoe you think the corpse came from there?” Office
Tremaine interjected,

“It’s just a supposition, Harry,” Reynolds replied
“The body could have been dumped into the bay from
boat, or even brought here in a vehicle, although there’s
no evidence of such a possibility.”’ he concluded

URTHER speculation was interrupted by the arrival

of the Plymouth County Medical Examiner, Dr. John
A. Peterson. Reynolds and Tremaine ordered back the
rapidly increasing throng as the doctor began his pre-
liminary examination. Expertly he clipped the wire
bindings and unrolled the quilt. Hardened as he was to
violent death, Peterson’s shocked expression betrayed
his unpreparedness for the gruesome sight before his
eyes. The lacerated torso was that of a middle-aged
man with the head almost severed from it.

Officer Tremaine who hovered close by exclaimed:
“It hasn’t any hair!”

The coroner’s face was grave. “That isn’t all.” he
said in a low voice. “There’s: something about this i
don’t understand.” He spoke to Chief Reynolds in
whispered undertone. ‘

A disturbed look flashed across the investigator's
face as he turned for a further study of the body
Exposed to the light, the shrunken flesh of the dead mai
presented a rather mummified appearance

ERX
He
for

rent run-
body ashore

2?” Officer

iS replied
Day from u
ugh there’s
ed,

he arrival
. Dr. John
i back the
n his pre-
the wire
he was to
betrayed
efore his
ddle-aged

<claimed:

all.” he
out this J
olds in a

stigator’s
he body.
ead man

ENRICO MASCIOLI— \
He was a friend of Frank Cusumano but his Passion
for a certain woman transcended his old friendship.

As they examined the strange corpse, the police cam-
eraman arrived to take the necessary photographs.
Beyond the swelling throng a hearse drew up. Finally
Tremaine replaced the quilt over the body. The police
chief drew him aside.

“Be sure and keep folks away from this part of the
beach,” he directed. “I want some time to look about
without everything being disturbed.” He cast an anx-
ious glance at the sea and then at the grass-covered

slope. ‘“We’ll have to work fast before the tide turns.” ¢

Peterson directed that the body be removed to an un-
dertaking parlor for the post-mortem. “It should be
easy to confirm the cause of death,” he stated, “but when
it comes to making an identification I’m afraid that’s
another matter.”

“It won’t be easy,” Reynolds agreed, “but I have a
feeling it is going to prove even more difficult to find out
who is responsible for this crime.”

The morgue attendants stepped forward to place the
corpse in the death wagon. As they did so, a roughly
cut strip of bed ticking slithered from between the
quilted folds and fluttered to the sand. Reynolds
picked it up, examined it, then placed it to one side for
further study.

More patrol officers arrived from headquarters. The
police chief reiterated his orders about guarding the
shore which he had already issued to Tremaine. Then
he returned to his car.

On his return to Hull, the investigator stopped by
the funeral home in Hingham. The Coroner, assisted
by Dr. C. A. Door, had completed the autopsy. Death
had been caused by blows struck with savage force
at the base of the brain, completely severing the spinal

a rar reer Ere

column. Doctor Peterson placed the victim’s age as
between 40 and 45. He added that the murderer must
have been a man of unusual strength.

“There’s another strange angle,” Peterson observed.
“This man has been dead for more than three weeks.
Yet there is no trace of water in the lungs, nor is
there any evidence that he has been immersed for any
great length of time.” .

“Then, how would you account for the shrivelled, dry

condition of the skin?” Chief Reynolds queried.

“It is a condition which could have been brought about
if the victim had been buried in dry beach sand immedi-
ately after death,” the medical’ man explained.’ “This
would also account for the lack of hair on the skull. The
victim was not naturally bald, but lost most of:his hair
after death through the combined action of salt water
and sand.” ‘

Careful examination of the corpse revealed no birth-

“marks or other physical characteristics from which iden-

tification could be made. A systematic study of the
mouth disclosed several missing teeth, but all others
appeared in excellent condition and had never needed
dental care. The only outstanding features of the
victim were his long limbs and fingers and toes of
marked length.

A” news of the murder became publicized, inquiries

came to Hull police headquarters from nearby
towns and cities regarding men missing from their com-
munities. One by one, these were crossed from the list
of possibilities as the descriptions failed to tally.

There were theories that the man might have been
tossed from some boat anchored in Hingham Bay dur-
ing the heavy fog. Other. people theorized that the
body might have been buried on the shores of Bumpkin
Island, then washed out by the strong tide and deposited
on the beach of the opposite peninsula.

Hours ticked slowly by and the identity of the dead
man remained unknown. Chief Reynolds checked his
own files and returned to the undertaking rooms, where
he began a further examination. As he lifted one of
the claw-like hands, the proprietor of the establishment
came into the back room. He glanced at the form lying
on the slab, partially covered by the quilt.. There was
some one outside, he informed the chief, who wanted
to look at the corpse.

Before the police chief could reply, a man appeared
in the doorway. Reynolds immediately recognized him
as the prominent Boston contractor who maintained a
summer home in Hull. Ceasing his examination, the
investigator walked to the window.. The undertaker
snapped on more lights and the contractor stepped for-
ward. He stood there studying the drawn face and
shrunken limbs of the mummified corpse.

“His own wife wouldn’t recognize him as he is,” the

"man said slowly, “but I have a hunch that this man may

be Frank Cusumano.” __ '

“And what makes you say that?” Reynolds inquired.

“The thought flashed through my mind when I saw
him lying on the beach,” the man returned quietly. The
police chief nodded. He knew the contractor and his
16-year-old son had been among the first arrivals on
the shore. “Frank had unusually long arms and legs,
his fingers were like those of a musician,” the newcomer
added. -

The two men gazed down upon the hairless, shrivelled
form. Frank Cusumano had been well-known and re-
spected in Hull. An American of Italian descent, with
an attractive wife, he had settled in the town some years
before. Forging ahead by (Continued on page 89)

49


r ran Pi cy
: “ 5 ‘ Pa eae ‘y ‘ 3 2s lam Vio aa Vv ( C)'
NUUNOE, mebecca, White, hanged oalem, Mass., July 19, 1692,

| —.

JUSTICE AT LAST

The Descendants of Rebecca Noutee Hanged
at Salem ava Witch, Hold a Reunion on the
. Anniversary of Her Death.
(Leatngyton Correspondence NewsJournal., }
About 200 years ago, on July, 19, 1692,
was hanged on Gallows Hill, at Balem, Re-
becca Nourse, a woman since desc ibed as a
‘‘saintly wife and mother, who had lived an
exemplary life and educated her children to
virtue and Christian grace.’’ Het execution
is now called a murder, though then, when
| the Governor of the State would havo grant-
'edareprieve in her, case, the presence of
fanatical public opinion was so great that he
di not dare todo so, and she wént to the
gallows a condemned witch given over to

eternal damnation by’ the church and to a
disgracefil death by the law,
‘Ld-night, as 1 writeithese words, there lies
on my tablua slip ¢ut from -the Boston
Herald, noticing at some length a tounion of .
ber descendants held on the anniversy of her -
death. Thelip is marked in letters that I
know well, + Justis at last.’’ It came to
me fromahand that! has alwayga warm
‘ | Clasp ready for myown, from a typical
| | Yankee of New Hampshire, rugged: as if he
had been hewn from one of his granite hills,
but tender and gentle as the moss that
gTOWs 60 green abont the mountain spring
where he loves to drink; with a heart like the
old-time New England fireplace, big enough
for the guests and the children to sit on
benches in the corners and roast a ples while
the snow is on the ground and edtd darkness
on the sky. When I think of him) 1 forget
that men ever sbot at one another,|and the
story of David and Jonathan couies to me
| ate a new gnificance, for there is avets
| | Us the strong love that time can not inrave :
| Cov /EX- JSoviw4e | and the brotherhood of man that tan not
LE | squabble over a common inher aps iin
é wenty years ago, to hiseyes I wo ave
Lows Vic l Y seemed a rebel eda traitor; to-nifht this
|

silent witness of his friendship lies before me,

rAd ISE3 and my eyes look upon the written words

¢ ii Z V / wherein the son of o d: New England passes

sentence on his ancéstors. Time ‘has his

melting season, and i often does te drop

strange feathers from his wings as nojselessly

he flies above us. ‘'Jubtice at last’? js done,

| | when 200 people mect!to celebrate the fact
| | that they are descended from one ex ted as
| | a criminal in the sight $f God and man, ‘and |
| to denounce the jtidges and dccusers
| : of the dead as'murderets. ‘‘Justico { done,’’
|

: because there is in the New England tharac-
jterthat stern adheredce to the A mighty {
‘factand that courage of conviction|which,
, despite all its isms and its vlogies, compels it,
; When the time has comp, to know thé truth,
{and impels it to declate it. It wadya New
| Englander—and he wasiall New Hogipnd in-
caruate in one personality—who said:
| * “Stainless soldier bn the walls, ;

Justice conquersievermore, |
Justice after as before.”

Sn ng we

{
t
Whoever fights, jvhoever falls;


TtHat SF Jonn o-wett.

of John O'N'@!1 for the murder of Mrs:
) Hattie BF, McCloud of Shelburne - Falls,
» WLU begin Monday, and as the day ap-
proaches O'Ne!]

that he will be acquitted. . Chiet Jus-
fe

Greenfield, Bass, Suly 13.—The trig!

longer -than

a week,

‘uyor ‘*TITAUN,O

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NOWLIN, James

test case,
dail wan downed at Philadel-
“ghairmansbip of the Demo-j--.
Bate cotamittes, {18 said be hae put |
= Sen his war point and has delermined ibat
the free-trade..champion shall. feel bis |
avenging. band... It is said that be bas)
“Spromiged Thobe’s friends twenty-two

_ppering of the Carlisle coo

ia for the ch

Ke

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rs . so aii — anes a tee s
*% 4 4 ‘ a ‘a ; ESSE, . & . ;
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Edward, white, hanged Cambridge, Massachusetts, on January 20, 1888.

po

Cincinnati, Ohio, POST , 1-20-1888,

\Tells All He Knows: About}

——¥rd

There was hardly «
present this morzing when

"|" Sedge Sage—It is the

t tod

a essarily

tbe proviece of 2a]

He uaid that the rates would 5

as ¥ et

throughout the country. vs

toe Aew. that a petition
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in favor of the goterament &

ing | Wil come by a command ©

Powdstty bad a quarrel om

a ject, and not one out of a
{men whe will sign bare eo @

grape message.” |

‘TROMPETE

Harper's.

Ba as

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KRATHOFSKT, D minique, white, hanged Springfield, Masse, on December 30, 1898,

C ¢ Pas

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TRIAL

APPEALS

LAST WORDS

Pit 2

EXECUTION

Jia it Mined pet AE thin Ceeatenaltiys” Nek 20f cbhrobooere
Mie ghd for [Sepp LE

SOURCE

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2/al/{ 795

FRANK NEWTON Office SsUPPLY—OOTHAN


MARK and PHILLIS

Mark and Phillis were black slaves owned by Captain John Codman, a
saddler, sea captain and merchant of Charlestown, Mass, Capt. Cod-
man was a hard task master and all of his slaves were dissatisfied,
Around 179, they set fire to one of his buildines in the hope that
he would be obliged to sell them, When he did ict do so, they de-
termined to kill him, Mark could read and write and he suhsecuently
said that he read the Bible through in an effort to ascertain a means
by which they could murder Codman and not be guilty, He finally con-
cluded that so long as no blood was shed they covld proceed with
their plans. In June, 1$55, he procured some arsenic from Robin, a
slave owned by a Doctor and gave it to Phillis and another slave, Phe
be, who administered it to Captain Codman in his gruel and he finally
died on the night of June 30, 1755, The slaves were suspected of
having poisoned him immediately and Mark was the first taken into
custody, When Quaco, the husband of Phebe, was questioned, he rela-
ted the story of the entire plot as given to him by Phebe and they,
along with Mark, Phillis and Robin were all indicted, Phebe, Quaco
and Robin were allowed to give King's evidence and only Mark and Phx-
‘lis were tried. They were convicted and while Mark was sentenced to

be hanged and gibbeted, Phillis was sentenced to be burned at the_
stake. The double execution was carried out at Cambridge on Sept,
~ 18, 1755. Both confessed before their executions and acknowledged ~~
the justice of their sentences, Phillis was burned about ten yards
from the spot where Mark was hanged. After the execution, Mark's ©
body was taken to Cambridge where it was gibbeted and an Army sur-
-geon recorded in his diary in June, 1758, that he had passed and the
body was still there at that time,

i Y

AMERICAN. BALLADS_OF MURDER by Olive Wooley Burt, page 151,
=",,.HANG BY THE NECK..." by Teeters and Hedblom, ‘ages 89-90
- 11 AMERICAN STATE TRIALS by Lawson, Pages 511-527 .


514 ‘YI. AMERICAN STATE TRIALS.

raigned and upon her arraignment pleaded not guilty and
for trial put herself upon God and the country, and the said
Mark was also arraigned upon this indictment and upon his
arraignment pleaded not guilty, and for trial put himself
upon God and the country. A jury was thereupon sworn to

of June last, at Charlestown aforesaid, in the dwelling house of the
said John, there did of her malice forethought wilfully, feloniously
and traitorously put a deadly poison called arsenic into a vial of
water and thereby did then and there poiscn the same water—and
that the said Phillis, knowing the water aforesaid to be so poisoned,
did then and there feloniously, wilfully, traitorously and of her malice
forethought put one spoonful of the same water so poisoned into a
pint of the said John’s watergruel and thereby poison the same
watergruel. And that the said Phillis did then and there of her
malice forethought feloniously, wilfully and traitorously in manner
as aforesaid poison the watergruel aforesaid, with a felonious and
traitorous intent and design that the said John her said master then
being should then and there eat the same watergruel so poisoned
and thereby be poisoned, killed and murdered. And that one
Elizabeth Godman, not knowing the watergruel aforesaid to be so
poisoned, then and there innocently gave the same watergruel so
poisoned as aforesaid to the said John to eat.

And that the said John then and there being the said Phillis’
master and being altogether ignorant of the watergruel aforesaid’s
being poisoned as aforesaid and suspecting no evil did then and
there eat the same watergruel so poisoned as aforesaid. And that
the said Phillis then and there was feloniously and traitorously pre-
sent with the said Elizabeth and John knowing of and consenting
unto the said Elizabeth’s giving him the said John the watergruel
aforesaid so poisoned as aforesaid and his eating the same as afore-
said. And that the said John by means of his eating the water-
gruel aforesaid so poisoned as aforesaid there languished for the
space of fifteen hours and then at Charlestown aforesaid died of the
poison aforesaid given him as aforesaid. And so the jurors afore
said upon their oath say that the said Phillis did at Charlestown
aforesaid of her malice aforethought in manner and form aforesaid
wilfully, feloniously and traitorously poison, kill and murder the
said John Codman, her said master, against the peace of the said
Lord, the King, his crown and dignity.

‘And the jurors aforesaid upon their oath further present that
Mark, a negro man of Charleston, aforesaid laborer and servant of
the said John Codman. And Robbin, a negro man of Boston, in the
County of Suffolk, laborer and servant of John Clark of Baston,
aforesaid apothecary, before the said treason and murder aforesaid,
committed by the said Phillis in manner and form aforesaid, did
at Charleston aforesaid, on the twentieth day of June last, of their
malice forethought (the said Mark, then being servant of the said

os

MARK AND PHILLIS. ; 515

try the issue, composed of Mr. John Miller, foreman, and his

fellows.

Edmund: Trowbridge... Attorney General, for the Crown.

THE EVIDENCE.

There was first read the exam-
ination of the prisoner Phillis,
taken by Attorney General
Trowbridge and Thaddeus Ma-
son? on July 26 and August 2, as
follows:

The Attorney General. Was
Mr. John Codman, late of
Charlestown, your master? Yes,
he was.

How long was you his ser-
vant? He, my said master,
bought me when I was a little
girl and I continued his servant
until his death.

Do you know of what sickness
your said master died? I sup-
pose he was poisoned.

Do you know he was poisoned ?
1 do know he was poisoned.

What was he poisoned with?
It was with that black lead.

What black lead is it you
mean? The potter’s lead.

How do you know your mas-

ter was poisoned with that lead?
Mark got some of the said pot-
ter’s lead from Essex Powers
and my young mistress, Molly,
found some of the same lead in
the porringer that my master’s
sago was in, he complained it was
gritty; and that made Miss Mol-
ly look into the porringer, and
finding the lead there, she asked
me what it was, I told her I did
not know. I cleaned the skillet
the sago was boiled in and found
some of the same stuff in the
bottom of the skillet that was in
the bottom of the porringer. And
presently after Mark was car-
ried to gaol, Tom brought a pa-
per of the potter’s lead out of
the blacksmith’s shop, which he
said he found there; and I saw
it and am sure it was the same
with that which was in the bot-
tom of the porringer and the
skillet.

Join Codman) feloniously and traitorously, advise and incite, pro-
cure and abet the said Phillis to do and commit the said treason
and murder aforesaid against the peace of the said Lord, the King,

hig crown and dignity.

This is a true bill.
Caleb Dana, Foreman.

Edm. Trowbridge,
Attorney and Dom. Registrar.

*Trownripgr, Epmunp. (1709-1792.) Born Newton, Mass.;
attorney general 1749-1755, afterwards judge Supreme Court; died

in Cambridge, Mass.

_'Mason, Turappeus. (1706-1802.) _ Resided principally in
Charlestown, Mass., before the Revolution; afterwards in Cam-
bridge, where he died; graduated Harvard, 1728; for a short time
private secretary to Governor Belcher; deputy naval officer, 1731;
deputy secretary of the Province, 1734; served as clerk of the Mid-
dlesex courts for 54 years; register of deeds, 1781-1784.


eine a eaeneteaat enero

si

1 epi aa lL NE A ELE AE LED

MARK and PHILLIS, S .
LIS, Syaves, hanged at Charlestor Min
9-18-1755 (Note: Phillis was burned) nee ee re on Sia

--: TRIAL OF MARK AND PHILLIS (NEGRO
-LAVES) FOR PETIT TREASON, IN THE
\IURDER OF CAPTAIN JOHN CODMAN,
THEIR MASTER, CAMBRIDGE,
MASSACHUSETTS, 1755.

THE NARRATIVE.

»+ain John Codman, a thrifty saddler, sea captain, and
ot of Charlestown, Mass., was the owner of several
-«shom he employed either as mechanics, common labor-
- house servants. Three of the most trusted of these,
Phillis, and Phebe—particularly Mark—found the
. liseipline of their master unendurable, and, after set-
---» to his workshop some six years before, hoping by the
-ryetion of this building to so embarrass him that he
| be obliged to sell them, they, in the year 1755, con-

-| to gain their end by poisoning him.
“jg confederacy some five or six negroes belonging to
~ owners were more or less directly implicated. Mark,
jer, was able to read and write. He professed to have
-.. Bible through, in order to find if, in any way, his
-y could be killed without incurring guilt, and had come
. conelusion that according to Scripture no sin would
cnmitted if the aet could be accomplished without blood-
i. It seems, moreover, to have been commonly believed by
- negroes that a Mr. Salmon had been poisoned by one of
, slaves, without discovery of the crime. So, application
s made by Mark, first to Kerr, the servant of Dr. John
bons, and then to Robin, the servant of Dr. Wm. Clark,
rt poison from their masters’ apothecary stores, which was
be administered by the two women. Essex, the servant of
Tomas Powers, had also furnished Mark with a quantity of
‘ack lead for the same purpose. This was not the harmless
;lumbago to which that name is now usually given, but ga-

511

eens


512 XI. AMERICAN STATE TRIALS.

lena, or plumbub nigrum, a native sulphuret of lead, prob-
ably used for a glaze by the potters of Charlestown.

Kerr declined to have any hand in the business, but Robin
twice obtained and delivered to Mark a quantity of arsenic,
of which the women, Phebe and Phillis, made a_ solution
which they kept secreted in a vial, and from time to time
mixed with the water-gruel and sago which they sometimes
gave directly to their victim to eat, and at other times pre-
pared to be innocently administered to him by one of his
daughters. They also mixed with his food some of the black
lead, which Phillis seems to have thought was the efficient

poison, though it appeared from the testimony that he was
killed by the arsenic.

The crime was promptly traced home to the conspirators,
and the day after Captain Codman’s death, a coroner’s jury
found that he died from poison feloniously procured and ad-
ministered by Mark. Ten days later, Quaco, the nominal hus-
band of Phebe and one of the negroes implicated, was exam-
ined before a justice of the peace, and the examination was
followed by that of Mark and Phillis. The grand jury found
a true bill for petit treason against Phillis, and against Mark
and Robin as accessories before the fact.

On the trial, Quaco, Phebe and Robin seem to have been
allowed to turn King’s evidence, but the answers of the pris-
oners on their examination were mutually recriminative and
amounted to a plenary confession of the crime of each. They
were speedily convicted, and a month later Mark was hanged
and Phillis burned to death—the latter being the punishment
at common law for petit treason committed by a woman.*

THE TRIAL.

In the Superior Court of Judicature, Court of Assize and
General Goal Delivery, Cambridge, Middlesex County,
Massachusetts, August, 1755.

* This narrative is taken from Mr. Goodell’s pamphlet, post.
1 Bibliography. *“The Trial and Execution for Petit Treason of
Mark and Phillis, Slaves of Capt. John Codman, who murdered

eee oe ee ee

MARK AND PHILLIS. — «6618

Hon. STEPHEN SEWALL,? Chief Justice.

’ Bengamin Lynpe,?®
Joun CUSHING,* Justices.
CuAMBERS RUSSELL,®
August 7.

Upon an indictment found by the grand jury against
Phillis, a female slave, and Mark and Robin, male slaves, for
petit treason, and for the murder of their master, Captain
John Codman, by causing poison to be placed in the water-
gruel of which he partook,®* today the said Phillis was ar-

their Master at Charlestown, Mass., in 1755; for which the man was
hanged and gibbeted, and the woman was burned to death. In-
eluding also some account of other punishments by burning in
Massachusetts. By Abner Cheney Goodell, Jr. Cambridge. John
Wilson and Son. University Press. 1883.”

Judge Lynde, one of the judges, makes a memorandum of this
trial and of the particulars of the executions, in his diary under
date of July 9, 1755. Lynde Diaries (privately printed, 1880),
» 179.

*Sewauut, STEPHEN. (1704-1760.) Born Salem, Mass. Chief
Justice of Massachusetts, 1752-1760.

*Lynpr, Bengamin. (1700-1781.) Born and died Salem, Mass.,
after being a judge of the Sessions and Common Pleas, he in 1745
sueceeded his father on the bench of the Supreme Court.

*Cusninc, JoHn. (1695-1778.) Born and lived in Scituate,
Mass.; member of the Council, 1746-1763; judge of Probate, Ply-
mouth Co., 1738-1746; a justice of the Court of Common Pleas for
Plymouth Co., 1738-1746; in 1747 judge of the Sunerior Court of
Jndicature, resigning 1771. See Davis’ Bench and Bar of Mass.

* Russert, Cuamsers. (1713-1766.) Born Charlestown, Mass.;
graduated Harvard, 1731. From 1747 to 1752, judge Court of
Common Pleas, Middlesex Co., 1747-1752; member of the Council,
1759-1760; judge of vice-admiralty over New Hampshire, Massachu-
setts and Rhode Island, 1747. Early in life established himself in
Concord and represented that town in the General Court; judge of
the Superior Court in 1752-1766. Died in Guilford, England.
“One of the few judges up to this time educated in the law.” See
Davis’ Bench and Bar of Massachusetts.

*« The jurors for the Lord, the King, upon their oath present that
Phillis a negro woman of Charlestown, in the County of Middle-
*ex, spinster servant of John Codman, late of Charlestown, afore-
anid gentleman not having the fear of God before her eves but of
her malice forethought contriving to deprive the said John Cod-
man, her said master, of his life, and him, feloniously and traitor-
ously to kill and murder, she, the said Phillis on the thirtieth day


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“The police asked me if Marshall
was in swimming with me that Sunday
and I said yes,” the boarder answered.
“However, it wasn’t in the afternoon.
He and I took a dip in the early morn-
ing, about six o’clock, before any one
was up.”

Reynolds immediately confronted
Marshall with the destruction of his
alibi. The suspect swore that the
lodger was mistaken.

Chief Reynolds, with Patrolmen
Goodwin and Tremaine, began a
search of the dead man’s premises.
Tucked down in the cellar beneath
some piled lumber they came across
a bundle containing a gray shirt, part
of a bathing suit identified by neigh-
bors as belonging to Frank Cusumano,
a piece of torn bed ticking and several
pages of a colored comic newspaper
section. The chief became actively in-
terested in the latter when he found
it to be the remainder of the mouldy
section dated September 11, which he
had discovered in the mysterious
‘grave.

Officers prowling about in the thick
shrubbery across the street from the
Cusumano home discovered a dis-
carded mattress with part of the top
ticking torn away. The piece of tick-
ing found with the corpse fitted per-
fectly one tdrn corner of the rnattress.
Reynolds ordered it taken to head-
quarters.

One of the children dropped by as
the police officers loaded it into their
van, “What are you going to do with
our mattress?” the child demanded.

“Ts it yours?” the chief asked.

“Sure it is,” the youngster replied.
“Tt used to be on papa’s bed, but we
haven’t seen it since he went, away.”

Chief Reynolds now returned to the
home of the murder victim. Mascioli,
alias Marshall, opened the door in re~-
sponse to his knock and demanded to
know what was wanted this time.

“I came down for Mrs. Cusumano
and you,” the police head told him. “I
think you people are responsible for
Frank Cusumano’s death.”

After the pair were in custody,
neighbors who had held their tongues
in fear now came forward. To many
of them Lena Cusumano told conflict-
ing stories. She had told one her hus-
band had taken $250 and had gone
away without a word; to another she
remarked he had gone to Hingham to
buy. some land. ;

Three days before the body was dis-
covered Lena Cusumano had entered
a store in Hull. Here she had said the
hens had no grain since her husband
had taken his savings and gone to
Italy.. The proprietor, also of Italian
descent, showed surprise. “What,” he
exclaimed. “At this season?”

A next-door neighbor and his house-
keeper gave police important informa-
tion. The housekeeper said she -had
seen Frank and Lena Cusumano go
into their house on the day of the
disappearance. Later, about 3 o’clock,
she heard groans from there. A few
days following this, Lena complained
to. these neighbors about having
dreams in which she saw her husband
slashed and cut and the police coming
to get her. Her neighbors tried to con-
sole her by assuring her that she was
an honest, hard-working woman with
nothing.to fear. Lena then told them
if the officers did come for her, as she
had dreamed they would, and if they
would repeat what they had just said
she would give them both $50.

More incriminating testimony came
from the Cusumano children, who
later repeated in court what they told

scieeemaceamimmeseini: . caainaaaai

the investigators. The daughter said

her mother had given them five cents
when they came in from the beach on
Sunday and told them to go out and

buy candy. When they returned they
found) Harry Marshall and their
mother in the basement. The children
were told they must not go near the
room with the sink in it on the first
floor, as it was locked.

_“Did you see either your mother or
Marshall with an axe like this?” Rey-
nolds asked the girl.

“Mr. Marshall had one just like it,”
the child replied. “He brought it into
the cellar and laid it down after tell-
ing us not to touch it.”

Chief Reynolds smiled grimly when
he heard this. He returned to his office
and closeted himself with District At-
torney Albert F. Barker, reviewing
in detail the tight web of circum-
stantial evidence enveloping Lena
Cusumano and Harry Marshall.

The case was following a familiar
pattern. Both officials had seen many
of these triangle cases. A wife who
couldn’t be trusted, and took up with
another man, often one less worthy
than her husband but for some reason
more appealing to her. The venomous
hate of the pair toward the man they
had wronged. The thought that they
could kill him and get away with it
and then get married and live hap-
pily ever after...

“We found a bloodstained mattress
near the Cusumano home,” the police
chief reported. “The torn strip of tick-
ing found with the body matched the
section missing from the mattress. The
quilt in which the body was wrapped

_ was identified by the contractor as the

one which the Cusumanos had been
given. The wire binding from the
corpse checks under the microscope
with wire found in the victim’s home.
The comic section found in the grave
and the Cusumano house bear the
same date and are from the same sup-
plement: Harry Marshall, at one time,
was employed at the fire station—and
at the time the pick ax was stolen.
With deposition of neighbors and the
victim’s children, I think we have a
very convincing case.”

At Coroner Peterson’s request,
George Burgess McGrath, well-known
medical examiner of Suffolk County,
Mass., was, called into the case. The
body was again exhumed. In an effort
to make a positive identification, police
had taken hairs from Frank Cusu-
mano’s hairbrush and these, with the
ones found on the ax, were split in
half in a delicate laboratory test con-
ducted by McGrath and Professor
Whitney. The hairs were found to be
of the same weight, texture and color.
In the opinion of the experts, the
identity of the body found on the
beach was definitely established as
Frank Cusumano.

On October 26, 1910, a special ses-
sion of the grand jury was called. Lena
Cusumano and Harry Marshall were
indicted for first degree murder. The
trial began on February. 13, 1911, in
Judge Schofield’s court.

Late in the afternoon of February
25, the jury retired. After an all-night
deliberation they reached a verdict of
guilty of murder in the first degree.

On June 1, 1912, after unsuccessful
appeals the prisoners were sentenced
to die in the electric chair. A short
time later, Enrico Mascioli alias Harry
Marshall paid for his part in the
shocking crime and was electrocuted.
The sentence of Lena Cusumano, how-
ever, was commuted later to life im-
prisonment.

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deal and wanted more. She took $250
Of their savings: frome a hiding: place
and gave it to him. He went out of
the door in the direction of the depot.
Later, when he did not return, she
became worried. That Monday she
went to his employer, the contractor,
and reported her fears, The pair then
went to the police.

Additional inquiry now disclosed
that Cusumano, although well-liked
and easy going, had once been em-
broiled in a quarrel sternaming from a
fishermen’s argument on a_ Boston
wharf. The Mafia, or Black Hand, at
that time, was still a thing to be
‘eared, and real danger lurked through
a careless word or deed. Its sinister
oower was widespread throughout the
eastern United States at that time.
Could honest, law-abiding Frank Cus-
umano have fallen victim to this
sinister organization?

Police checked the lodgers living in
the Cusumano home. From the
boarders they attempted to trace
movements that were about a month
old. Neighbors substantiated Lena’s
story, stating they had seen Frank and
the children go into the house shortly
after 1:30, followed by his wife.

THOROUGH search «long the

shores of Bumpkin Island dis-
closed no trace of any washed-out
grave. Chief Reynolds continued his
investigation doggedly, following a
footpath leading to the beach where
the body hat been found.

He paused near an open space off
the path, where the sand lying ina
low oval depression appeared to have
been recently disturbed. Knecling, he
ran his hand across the surface. Ex-
cept in that one spot the sand seemed
hard and. weatherbeaten. Working
with a small shovel, he cleaned out
the loose sand and severed roots, leav-
ing an excavation four feet deep and
some three feet in length.

Intermeshed roots ran along the ex-
posed sideS of the hole, and broken
stumps revealed whcre more roots had
been cut when the pit was dug. A
seatterinz of loose sand remained in
the botium. Lowering his shovel to
scoop out the residue, Reynolds struck
an unyielding surface.

He scooped out’ the sand with his
hands, uncovering a damp and mouldy
Sunday comic supplement. He tried to
raise this to the surface. The wet pulp
separated. Glancing down at the
fragment still clenched in his fingers,
he observed that the date line was
still visible. It was Sunday, Septem-
ber 11, a week before Cusumano’s dis-
appearance. Chief Reynolds feit con-
fident that he had located the missing
man’s grave.

SHARE cry from another search-

er came froma dense thicket .

across the path. The chief clambered
out of the pit and burried in the direc-
tion of the voice. He found Officer
Goodwin standing near a
stunted tree in 9 patch of wooded Iand.
Protruding from a bed of sodden
leaves was the handle of an axe.

Reynolds stooped and carefully ve-
moved the litter of leaves filling the
hollow, uncovering the head of the
axe. He saw a dark discoloration,
faintly visible through the coating of
sand, as he bent lower to study the
find,

He turned to the waiting officer.
“Get me some kind of a box,” he said,
“to place this in so that it can be
moved without destroying evidence.”

Officer Goodwin returned with a

wooden Pern case. He placed the
mxeoonmide and roshed it for farther
examination to Professor Willan F.
Whitney of Harvard University. In
addition to specializing in anatomy,
this expert chemist, a national au-
thority, had been devoting his life to
the study of bloodstains.

The police chief then sought out the
engineer of the town fire department.
To him he confidentially disclosed the
new discovery and asked what type
of fire axe was used by the depart-
ment. The engineer informed him that
it was regulation pick-head equip-
ment.

“Any chance of someone not con-
nected with the department being able
to secure one of them?” Reynolds
asked.

The engineer thought for a moment.
“I’ve been keeping some of the ap-
paratus here at the stable in un-
locked sheds,” he stated. “But I don’t
think any outsider would know where
to go unless he was acquainted with
the layout.”

“Could I see one of those axes?”

The engineer led the way around
to a low wooden shed housing the
town’s ladder truck. From a standard
near the seat he took down an axe,
painted red except for a space near
the razor-sharp edge.

The chief examined this with in-
terest. As far as he could see it was
the same in design and weight as the
one found half-buried in leaves near
the beac’.

“Lost any of these recently?” he
inquired.

“Off this very truck,” the engineer
answered. “We had two of these—
one on either side of the ladders. The
other day I noticed that one was miss~
ing. The boys tell me it’s been gone
since spring.”

“You haven’t in mind anyone who
might have been interested in seeing
it disappear?”

“No. But T’ll do some_ looking
around. Perhaps I can find ou. for
you.”

Some hours later Prof. Whitney of
Harvard contacted Chief Reynolds at
police headquarters. “I’ve some word
for you regarding that axe one of
your men picked up on the beach,”
he said.

“You mean you've found blood-
stains?”

“Unfortunately, I must disappoint
you there,” the professor answered. “I
made several tests, but the blade is so
rusty I got no reaction. Nevertheless,
I’ve uncovered other details which
lead me to believi. that you have lo-
cated the death weapon.”

“Such as what?” the police head
asked breathlessly.

“When I came to examine the axe-
head,” Whitney explained. “I found
four short brown hairs clinging’ to
the blade edge. Further search led me
to several more hidden among the
sand particles. Under the microscope
I found these to be hairs from a
human head.”

Reynolds’ interest quickened. “Go
on,” he prompted.

“There is another important factor,”
Whitney continued impressively. “AI]
of the hairs had roots attached.”

“And that means—”

“That they were extracted by force,
perhaps by a blow. Hairs which fall
out have a shrunken root. If you can
secure several more strands from the
dead man’s head I can readily de-
termine whether those in our pos-¥
session are similar.” J

“Pm afraid that’s impossible,” the

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MARSHALL, Harry
6-6-1912.

Churned out of the sea
by a hurricane, :
the body wore a
strangely colorful shroud.
On it was stitched

the identity of a murderer

BY WALTER GIBSON

TRUE POLICE CASES MAGAZINE, March, 1952,

. the bureau drawer. She hardly expected him to open clams in those clothes.

‘ship. Though Lena, then scarcely 20, had found Cusumano older than he

puted Massachusetts

a

Lena found him in his Sunday best. She also saw him take a stiletto frobe

EF rank —o was a-man of mystery, even to his wife Lena, whom he
had wooed 2hd won as the result of a high-pressure correspondence court-

looked in’ the photographs they had exchanged, she accepted him on the
face value of his magnificent handlebar mustache and a handsome bankroll
to match.

So, after ten years of married life, the Cusumanos were living with three
children at Hull, Mass., situated on a buttonhook promontory, looking
southward across Hingham Bay. Part of Cusumano’s mystery was his
preference for that remote residence. He was a foreman who supplied
workers for contractors in the Greater Boston area, and it was a con-
siderable trip clear around to Hull. True, his residence there brought .
him what amounted to sub-contracts on summer construction jobs, but his
other and more important interests took him away for long periods. mt

It worried Lena, being alone with the children, particularly during the
off-season. So, during the summer of 1910, Cusumano agreed that his
wife should take in a star boarder for the fall, as a protection to the family
when Cusumano fared forth on his excursions, rather than as a source of
revenue, Right after'Labor Day, the household gained a new member
named Enrico Mascioli.

To his friends, Mascioli was known as “Caruso” in honor of a more
famous Enrico, whose golden voice was then the operatic rage. Mascioli
had aspirations as a vaudeville tenor, but his crescendos needed strengthen-
ing before he could begin his stage career, for which he’d adopted the
name of Harry Marshall. That summer, he’d taken a part time job with
the Hull fire department and was living at the fire house, where unkind
critics said his voice really belonged. But the local Caruso made a great
impression at beach parties and when Enrico burst into love rhapsodies,
Frank Cusumano used to sit back, twist the ends of his mustachios, and for-
get any trouble he might be having with the Greater Boston chapter of the
Unione Sicilione. Aas

One Sunday, Cusumano started for a swim, found the water too cold
for his liking, and settled by digging clams instead, while Enrico roamed
the beach sounding his A’s. When Cusumano had dug up a sufficient quota
of quahogs, he entered the cottage by the basement, left the clams there
and came upstairs to his bedroom. There, Lena found him dressing in his
Sunday best. She also saw him take a stiletto from the bureau drawer,
which rather surprised her, as she didn’t expect him to open clams in those.
clothes. Then, Lena learned her husband was going on a business trip,
over to Hingham. How long he’d be gone, he [Continued on page 60] .


bee J

ed the
urther
aia F
ty. In
‘tomy,
al au-
life to

nut the
riment.
sed the
it type
lepart-
aim that
equip-

ot con-
ing able
eynolds

moment.
the ap-
in un-
it I don’t
w where
ited with

ixes?”

y around
ising the
standard
1 an axe,
pace near

with in-
see it was
‘ht as the
aves near

atly?” he

igineer
these—
yos's. The
was miss-
been gone

yone who
in seeing

looking
1d our for

Jhitney of
eynole; at
come word
xe one of
xe beach,”

id blood-

lisappoint
swered. “I
blade is so
vertheless,
ils which
u have lo-

liee head

ic the axe-
“T found
‘linging to
irch led me
imong the
nieroscope
vrs from a

-ened. “Go
nt factor,”
avely, “AM
‘ned.”
{bv foree,

whieh fall
If you can
from the
eadily de-
our pos-

ible,” the

chief stated flatly. “The corpse is
completely bald.”

Whitney did not appear disturbed.
“It may not be necessary to conduct
such a test,” he answered. “If such a
need arises we may find other means
to meet it.”

1 fgwie ha are as police investi-
gators combed Hull and the
surrounding territory for further in-
formation regarding the dead man, @
curious bit of information reached
Chief Reynolds through a prominent
citizen who wished to remain name-
less. :

“Are you positive the contractor
who employed Cusumano has told you
all he knows about the affair?” he
asked.

“The contractor?” the police official
repeated. “What could he have to do
with it?”

“Maybe nothing, and maybe a lot,”
was the astonishing rejoinder. “You
remember when the body was washed
up, he and his boy were among the
first to view it.”

“Yes,”

“IT happened to be standing nearby
and both of them acted very disturbed
when they saw the quilt in which the
body was wrapped. The son called it
to his father’s attention and they both
moved closer to examine it. As they
went off, I heard the boy say, ‘That
quilt came from our lace. If it should
be recognized, they’ll say you killed
Frank.’ ”

Chief Reynolds asked other ques-
tions. He also recalled that when the
contractor had come to the under-
taker’s parlors to make the identifica-
tion, he had remarked that the quilt
covering the body did not look like
the one which had been washed up on
the beach. The chief knew it had not
been the same. It was the one which
Patrolman Tremaine had brought
from headquarters.

The police official immediately
sought out the contractor on the pre-
text of learning further reasons why
he seemed so certain of the corpse’s
identity. The man replied substan-
tially the same as he had before.

The chief paused. “At the time you
were at the undertaking establish-
ment you seemed interested in that
guilt,” he began tactfully.

“tasked if it was the one they
found wrapped around the body,” the
contractor answered quietly. “Actu-
ally, I knew it was not. The one used
as the shroud was of a crazy-quilt pat-
tern and the one at Hingham was of a
log cabin design.”

“Had you ever seen the first quilt
before?”

The contractor hesitated. “I had,”
he admitted. “My son recognized it
first, and then when I noticed a pe-
culiar tear in the lining which had
been mended I knew it was the same
one.”

Pressed for a further explanation,
he explained that, in addition to con-
tracting, he also handled the coliection
of ashes and rubbish.

“Last summer one of my collectors
brought in that quilt,” he stated, “My
son saw it. He wanted me to have tt
cleaned and let him = use it for his
camp. However, I knew that one of
my men who had been doing his best
to cut corners had just bourht a new
home, So I sent the quilt over to him
with some odds and ends of furniture
{ thought he could use.”

“When was this?”

“Tt must have been early in August.
My son carried it to them After see-

ing the body, he recalled that the quilt
resembled the one he had wanted me
to give him. As soon as I saw the
mended lining I knew it was the same.
I told my son this. He was afraid it
would be recognized as coming from
our place and that folks would say I
killed Frank.”

“You would be willing to go into
court and testify that this was the
same quilt?” Reynolds asked. ;

“Absolutely,” the contractor replied.

“There is only one more thing
need to know,” the chief continued.
“Where was the place to which you
sent this quilt?” .

“To the home of Frank Cusumano,”
was the reply.

HAT evening, Lena Cusumano

was driven down to headquarters
in order that the authorities might
question her further regarding her
husbancl. Reynolds awaited her ar-
rival.

“Tf you'll step in here,” he greeted
her, opening a door when she ap-
peared, “I am sure you can tell us all
we need to know in a very few
minutes. But first I would like to
have you identify some property.”

The room was dark, and Mrs. Cusu-
mano hesitated. The chief fumbled
for the switch and she stepped inside.
Suddenly the office was flooded with
light. ‘The rays splashed on the death
quilt lying draped across a radiator.

Lena Cusumano stopped at the
sight of it. Her slender Rabexe went
to her throat. “Why have you got
that here?” she exclaimed tautly, her
gaze fastened on the grotesque design.
“That doesn’t belong to me.”

“Who said it did?” the chief coun-
tered. “But are you sure it did not
belong to your husband?”

“Yes, sir, I am sure,” she said
steadily.

Reynolds released the woman and
reported the results of the interview
to the contractor. The man insisted
this was the quilt he had given her
husband some weeks before. “While
we are on the subject,” the ‘contractor
added, “there’s another thing which I
regard as very queer. When I re-
turned from the beach on the day that
the body was discovered, I told Enrico
Mascioli about it, stating that the vic-
tim probably could not be identified.
We were'short of men that day and
he was working with the gang as well
as acting as boss. Ordinarily he is a
good workman, but after hearing this
news he became so nervous that every
bit of work he did was so bad we
ripped it out and had it done over.”

‘Who is this Enrico Mascioli, and
what motive would he have for being
mixed up in such an affair?” Reynolds
wanted to know.

“Mascioli is one of the Cusumano
lodgers,” the contractor supplied. “He
is also known as Harry Marshall and
I've heard stories that he had grown
very fond of Frank’s wife.”

Investigation now centered about
Enrico Mascioli, alias Marshall. Dur-
ing the early phases of the police in-
vestigations, Marshall had stated that
he had been ‘swimming at the beach
with another boarder. This lodger’s
story had already been checked and
had been found to be true. When ques-
tioned previously as to whether Mar-
shall had pone bathing with him on
the afternoon of that day he had re-
plied in the affirmative. Reynolds now
requestionced him.

“Are you sure that Marshall did go
in swimming with you on the after-

oo

oe

noon Frank Cusumano disappeared?” |

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ncer, Ind.

91

636 Mass. 48 NORTH EASTERN REPORTER, 2d SERIES
: issible. That question was ad-

7 .R.A.,N.S., 1019; Com- to be admissible : L
e ce in ea 282 Mass. 593, 598, dressed to the discretion of the eee.
500, 185 NE 486. Commonwealth v. Commonwealth v. Holmes, 157 ree ,
Green, 302 Mass. 547, 552, 20 N.E.2d 417. 240, 32 NE. 6, 4 AmStRep, zn Sher.
For the reason that a defendant is hes pigs RT spe eee ae ee

i i f that he 4 nt |
be Banter Reg ota heheh tothe in the course of eliciting the testimony .
Tene af ae aecased that, when such evi- Cesario as to sega bee ae ee
a i i asked. e allow

i i it should be carefully ing questions were a ’
Sahel ae coon i eh to the of leading questions is ae ee
sa so tsk. its operation and effect may discretion of Rages eee pees
be Catach to the single Laake Tis tae Cay ae ape Cage pn
eae fig te ae I allen, $75 381, are-awafe of no decision in this common-
pete ah sith = Jeffries 7 Allen, wealth in which exceptions have been sus-
a aa gow Pek: 712: That was tained because of the atiging 3B sori.
carefully dotie by the judge in the course gies 3 oe ee a pant
of his charge to the jury in the court be- Mass. 184, , : oe ne ties hor
low. No argument has been addressed to parry mts v. Scott, : ;
us in behalf of either defendant that evi- N.E. A

dence relating to the killings of Weston FEL YS). te ations debtonciibe t0-s0aitids
eG ag nee eropes Peek er at this place the eighth assignment of
Me speaniee: Wythe Aaoee. error of Sheppard, which relates to the
testimony of Cesario as to his conversa-
tion with Millard. Sheppard assigns as er-
ror that the judge did not instruct the
jury that that evidence was to be consid-
ered only as bearing on the guilt of Mil-
lard, and was not to be considered as evi-
dence against Sheppard. Cesario, who was

; Ith, was be-
leged murder, to the effect that two weeks @ witness for the Commonwealth,

ivi Ai ing interrogated with reference to certain
a at see SAL cape keesal aa as dies he had had with Millard.
wit ima

i idn’ stified that Millard had talked
break” and that “if Seon ane ate sieges _ shine for mekite anes?
Theeciewe Looe Siidslastng of which He was asked by bathe ran ane

roy i one point, “Can you tell us wha conversa-
Paige a2 SE a ey tion ie had with Millard at as beet.
en of 1941 Sheppard spoke to him about and replied, thei eg: 5 pats

king a “break” when “the other fellows was going to gc Fe Mohs ok:
oy to the movies” (one hundred or two to go upstairs. ; ee Pr enna a
hundred having been denied that privi- jected. The judge ak a eee
1 : they could break through the bath- stand. Counsel for Mi at “oleae ase
ege) ; they io did not “stick” he would the answer out, but the judge decline
room Fig Sem anybody else”; and the do so, subject to his exception. ai
“rst Sie backs out will get a knife.” for Sheppard then said, an tie ates
hese Was no error in the admission of this ant’s mate rai 7” The judge e replted,
evidence. It was competent for the Com- saved Wighadicictnc tae aoe
monwealth to show the whole history lead- “Your client is n pee hi ee ae
ing up to the killing of Landry from the have it if you a BOY Be Pe
; : f the scheme to its consumma- statement of the ju ge, together —
oa Conitontrecaith v. McDermott, 255 rulings made with ieee i: tescacber

; Common- ters in the course of the trial, was
cater pita age a oe 185 sufficient to inform the jury that the tes
we ie: Continiealt v. Mannos, 311 timony of eset 9) his tae Gs
Mass. 94, 105, 106, 40 N.E.2d 291. It can- Millard in ay apnea Ge ne ie
not be said properly as matter of law, as not admissible ag peter ge tae
nts, that the con- as argued by Sheppard, he judg

path Bee so eee in point of time in not expressly directing the jury not to

[7-10] The fifth and sixth assignments
of the defendant Millard and the ninth as-
signment of error of the defendant Shep-
pard will be considered together. Those of
Millard relate to the admission of the tes-
timony of one Cesario, who was confined
in the institution at the time of the al-

bi
EY

COMMONWEALTH vy. SHEPPARD Mass, 637
48 N.E.2d 630

consider this evidence against Sheppard,
we are of opinion that the exception upon
which Sheppard relies was not properly
saved, In the instant case the evidence
in question was competent as against Mil-
lard, and it is settled that “a general ob-
jection and exception to evidence will not
prevail, if the evidence is competent for
any purpose, and that the objecting party
must call the attention of the judge spe-
cifically to any limitations which he be-
lieves should be imposed upon its applica-
tion to the issues,” and the “same rule is
held to apply where there are several par-
ties or where* * * several cases are
tried together, and evidence is offered which
is competent as to one or more parties or
cases and not competent as to others.”
Solomon y. Dabrowski, 295 Mass. 358, 359,
360, 3 N.E.2d 744, 106 A.LR. 464, and
cases cited. The assignment of error un-
der discussion is not sustained.

[14-16] The seventh assignment of er-
ror of Millard and the tenth of Sheppard
are the same.- They relate to the admis-
sion in evidence, subject to their exceptions,
of a photograph of the upper part of the
body of Landry. The defendant Millard
argues that the photograph could have
been shown and was in fact shown to have
been altered and “doctored” as to the face,
and that the sight of it may have induced
in the jury loathing of the crime and hat-
red of the accused. Sheppard objects that
the photograph also portrays “a foreign
hand, apparently of a living person, who
was manipulating the posture of position
of said body within the focus of said cam-
era at the time the picture was taken,” and
also that it is “not a fair representative of
that which it intended to portray.) ®* +
but, instead a portrayal of the body with
its inflammatory implications,” These mat-
ters were for the determination of the
judge, and the admissibility of the photo-
graph rested largely in his discretion, Ev-
erson v. Casualty Co. of America, 208
Mass. 214, 219, 220, 94 N.E. 459; Eldredge
v. Mitchell, 214 Mass, 480, 483, 102 N.E.

It was not to be excluded merely be-
Cause it depicted something gruesome, or
because it might have tended to produce
loathing on the part of the jury. The
Photograph of the head of Landry showing
the nature of his wounds was relevant on
the issue of atrocity, one of the grounds
upon which the Commonwealth contend-
ed that the defendants were guilty of mur-

der in the first degree. Commonwealth
v. Retkovitz, 222 Mass. 245, 249, 110 N.
E. 293; Commonwealth v. Knowlton, 265
Mass. 382, 386, 163 N.E. 251; Common-
wealth v. Osman, 284 Mass. 421, 423, 188
N.E. 226; Commonwealth v. Clark, 292
Mass. 409, 410, 198 N.E. 641; Common-
wealth v. DiStasio, 294 Mass. 273, 282, 283,
1 N.E.2d 189. There was no error in the
admission in evidence of the photograph.

[17] The eighth assignment of error of
Millard and the eleventh of Sheppard re-
late to the testimony of one Dr. Leavitt, a
witness for the Commonwealth, to the ef-
fect that a substance on the back of a chis-
el identified as having been used on Landry
looked like dried blood. The defendants
argue that it was error to admit this evi-
dence because the witness had not quali-
fied as an expert and had made no chemi-
cal analysis of the substance in question.
There was no error in the admission of
this evidence. One may testify that a sub-
stance looks like dried blood without be-
ing an expert. Sce Commonwealth y. Dor-
sey, 103 Mass. 412, 419, 420; Common-
wealth v. Sturtivant, 117 Mass. 122, 19
Am.Rep. 401.

[18-20] The ninth assignment of error
of Millard relates to the admission of cer-
tain evidence concerning a conversation
had by Warren, the superintendent of the
institution, with Millard on the night of
the day Landry was killed. Warren was
asked by the district attorney, “Did you
talk with Millard that night?” Warren re-
pred: Ves “isir.’> We wad then asked,
“Did he answer any questions?” Warren
replied, “No, sir; he—I’ went over and
talked to him in his room and he refused to
talk at all.” Counsel for Millard objected
and moved that both the question and an-
swer be struck out. The judge ruled that
the “question, did he talk with Millard, and
the denial, may stand.” We interpret this
to mean that the question whether Warren
talked with Millard that night and the re-
sponse thereto (yes), and the question
whether Millard answered any of Warren’s
questions and the simple reply, “No, sir,”
were to stand, and no more. Counsel for
Millard has argued that all of this testimony
should have been struck out because, if a
defendant is charged with the crime by an
accusation made in his presence and hear-
ing and he remains mute, his silence is not
admissible against him. That is well set-
tled law. Commonwealth v. Spiropoulos,

twa dais


640 Mass.

was voluntary. The jury were instructed
at length by the judge in accurate terms as
to the law of confessions, pointing out
that they are admissible “where they are
voluntary, and only when they are volun-
tary.’ The jury must be taken to have
followed those instructions, and the evi-
dence would warrant them in finding that
the confession of Sheppard was made
voluntarily, and that the physical and
mental condition of Sheppard at the time
in question was not such as to deprive
him of the faculty of consciousness of the
physical acts performed by him, of the
power to retain them in his memory, oF
of the capacity to state them with reason-
able accuracy. See Commonwealth v.
Zelenski, 287 Mass. 125, 128, 129, 191 N.
1-395:

[28] The seventh assignment of error
of Sheppard relates to the admission of
certain testimony of Warren. The error
assigned is that, when the testimony of the
conversation between Warren and Millard
was admitted, the judge failed to instruct
the jury that such testimony could have no
application to the rights of Sheppard, and
to disregard it in passing upon his guilt or
innocence because not made in his pres-
ence. The short answer is that when
Warren was about to testify as to his con-
versation with Sheppard, the judge very
plainly instructed the jury that the evidence
was not to be received against Millard but
was to be confined in its application to
Sheppard, and that later, when the witness
was about to testify to his conversation with
Millard and Sheppard’s counsel objected to
anything that might be said in any way
relating to Sheppard, the judge ruled,
“It may be admitted, under the same limita-
tions as I admitted the talk with Sheppard.”
Thus limited there was no error in the
admission of the evidence in question.

[29] The twelfth and thirteenth assign-
ments of error of Millard relate to the
exclusion of questions asked of the senior
physician at the State farm at Bridgewater,
concerning whether Millard was legally
removed to the cell in the department for
the criminally insane. Without regard to
the materiality of the questions the phy-
sician had already answered three times
that he did not know whether the removal
was legal or not. No error is disclosed.

[30] The fourteenth, fifteenth and six-
teenth assignments of error of Millard have
no merit. They relate to the answers to

48 NORTH BASTERN REPORTER, 2d SERIES

certain hypothetical questions put to Dr.
Tillotson, a psychiatrist of long standing,
which bore upon the mental condition of
the defendants. They were based on facts
which had been testified to. Their form
was largely in the discretion of the judge
and no abuse of discretion is shown. They
were well within the principles set forth
in Commonwealth v. Johnson, 188 Mass.
382, 384, 386, 74 N.E. 939; Commonwealth
v. Phelps, 210 Mass. 109, 114, 96 N.E. 69;
Commonwealth v. Stewart, 255 Mass. 9,
13, 14, 151 N.E. 74, 44 A.L.R. 579; Sullivan
y. Brabason, 264 Mass. 276, 162 N.E. 312.

The seventeenth assignment of error
of Millard relates to similar questions put
to Dr. Raymond, a psychiatrist, and is
disposed of by what we have just said in
reference to his fourteenth, fifteenth, and
sixteenth assignments of error. This
seventeenth assignment of error is the last
assignment of error by Millard in the sum-
mary of the record.

[31-34] Sheppard’s twentieth | assign-
ment of error relates to the admission of
the testimony of one McDonald, a guard
at the Plymouth house of correction where
the defendants were confined before and
during the trial. Called as a witness by
the Commonwealth, McDonald testified that
he had observed the defendants when they
were in the court room and after they
left it; that outside the court room they
did not maintain the “crouched” position
that they had maintained when in the
court room; that outside the court room
“they have forgotten about everything that
is going on in here.” He was then asked
by the district attorney: “What do they
think or what do they talk about * * xr
Objection was made by Sheppard, but the
question was admitted subject to his ex-
ception. McDonald then testified that they
smoked, they laughed, they joked; but,
in response to questions by counsel for
Millard, repeated that when “they get out,
they did not seem to be worried “a bit
about the trial, that it was not “on their
minds” but they “talk about it.” Counsel
for Sheppard has argued, in substance,
that this testimony of McDonald would
permit an inference to be drawn by the
jury from the failure of Sheppard to
testify at the trial in his own behalf, that
it suggested a sham “on the part of
* * * Sheppard,” that is, that he was
feigning insanity. It seems obvious that
the testimony in question could not be con-
strued properly by the jury as a reflection

;
:
3

COMMONWEALTH y. SHEPPARD Mass. 641
48 N.E.2d 630

on the failure of Sheppard to take the stand.
Where the defence is in effect insanity it
has exclusive reference to the time of
commission of the offence charged; but
the conduct of the accused prior to and
within a reasonable time of the act charged
may be considered by the jury in deter-
mining the condition of mind of the accused
when the crime was committed. Common-
wealth v. Spencer, 212 Mass. 438, 446, 447,
99 N.E. 266, Ann.Cas.1913D, 552; Wright
v. Wright, 139 Mass. 177, 182, 29 N.E.
380. See People v. David, 12 Cal.2d 639,
649, 86 P.2d 811; Baker v. State, 190 Ind.
385, 396, 397, 129 N.E. 468; Bulger v.
People, 60 Colo. 165, 172, 173, 151 P. 937;
United States v. Chisholm, 153 F. 808; 2
Wigmore, Evidence (3d ed.) s. 228. The
witness McDonald could testify properly to
facts within his knowledge from which the
condition of mind of the defendants at
the time of the alleged crime might be in-
ferred. Hastings v. Rider, 99 Mass. 622,
624. Commonwealth v. Spencer, 212 Mass.
438, 446, 447, 99 N.E. 266, Ann.Cas. 1913
D, 552. And it has been held that evidence
of conduct on the part of an accused
tending to show that he has feigned in-
Sanity is competent to prove guilt. Basham
v. Commonwealth, 87 Ky. 440, 9 S.W. 284;
State v. Stevens, 242 Mo. 439, 147 S.W.
97. But, apart from these considerations,
the judge instructed the jury favorably to
Sheppard and Millard as to this subject
matter, stating that the jury were to con-
fine their consideration of the mental condi-
tion of the defendants to the time of the
alleged murder of Landry, and that this
was so despite the fact that it had been
suggested that they draw some inferences
that the defendants were capable of under-
standing what the trial was all about, and
the possible consequences to them. We do
not sustain Sheppard’s twentieth assign-
ment of error.

In the brief filed by Millard his counsel
sets forth what is described as “Error No.
18,” directing our attention to the testimony
of McDonald, which we have just described
in the consideration of Sheppard’s twentieth
assignment of error, and also to certain
statements made by the district attorney in
connection with that testimony in his
closing argument to the jury, complaining
that these “remarks show clearly the in-
ferences the district attorney made and
asked the jury to draw as a result of the
failure of the defendant [Millard] to take
the witness stand.” No exception was

48 N.E.2d—41

taken by Millard to the admission of the
testimony of McDonald, no objection was
made by him to the statements of the
district attorney complained of in Millard’s
brief. They were not brought to the
attention of the judge at that time or at
any other time (see Commonwealth v.
Spencer, 212 Mass. 438, 450, 99 N.E. 266,
Ann.Cas.1913D, 552), and the summary
of the record discloses no assignment of
error in connection therewith. We have,
however, examined the record, and con-
sidered the statements made by the district
attorney, to which objection is now made
by Millard for the first time. There is
nothing in them that would warrant. the
jury in inferring that reference was being
made directly or indirectly to the failure
of the defendants to take the witness
stand, a subject upon which the judge fully
and carefully instructed the jury to the
effect that their failure so to do, their
silence, could not be considered against
them.

Certain other assignments of error of
Sheppard alone remain to be considered.

[35] The fifth assignment relates to the
exclusion of evidence of overcrowded con-
ditions in the defective delinquent depart-
ment of the State farm, offered as showing
by inference that that condition had an un-
settling effect on Sheppard’s low mentality,
tending to drive him to act on uncontrolla-
ble impulses, and as thus bearing on pre-
meditation. There was no error in its ex-
clusion. It had little, if any, probative force
and could be properly excluded in the dis-
cretion of the judge as too remote. Com-
monwealth vy. Holmes 157 Mass. 233, 240,
32 N.E. 6, 34 Am.St.Rep. 270; Arabia v.
John Hancock Mutual Life Ins. Co., 301
Mass. 397, 402, 17 N.E.2d 202.

[36] Sixth assignment of error. There
was no error in the exclusion of proffered
evidence of a conviction of an offence by
one Allen, a witness at the trial, since no
record of the conviction was presented.
Commonwealth v. Walsh, 196 Mass. 369,
82 N.E. 19, 13 Ann.Cas. 642, 124 Am.St.
Rep. 559; Commonwealth v. Bishop, 296
Mass. 459, 461, 462, 6 N.E.2d 369; Morris-
sey v. Powell, 304 Mass. 268, 272, 23 N.E.
2d 411, 124 A.L.R. 1522.

[37] Twelfth assignment of error.
There was no error in the exclusion of
questions asked of Dr. Leavitt on cross-ex-
amination as to the mentality of Sheppard,
based on his experience and his obser-


os
ne

642 Mass.

vations of the wounds found on the body
of Landry. The witness was the medical
examiner and surgeon who had examined
the body of Landry shortly after his death.
He was not offered nor did he qualify as
an expert on mental diseases. See Com-
monwealth v. Spencer, 212 Mass. 438, 447,
448, 99 N.E. 266, Ann.Cas.1913D, 552.

The thirteenth, fifteenth, sixteenth, seven-
teenth and eighteenth assignments of error
concern the exclusion of questions put to
superintendent Warren relative to the
remedial treatment of inmates of the de-
fective delinquent department, of questions
put to the commissioner of mental health
as to recommendations made after January
1, 1942, for such treatment, to the commis-
sioner of correction concerning the ade-
quacy of quarters at Bridgewater, and to the
master of the State farm relative to rem-
edial therapy given to inmates. This evi-
dence was offered for the same purposes as
that already referred to in consideration
of Sheppard’s fifth assignment of error.
For the same reasons given in dealing with
that assignment there was no error in the
exclusion of this evidence.

[38] Sheppard’s nineteenth assignment
of error relates to the admission of an
hypothetical question put to Dr. Bryan by
the district attorney on cross-examination.
The question was based on assumptions that
Sheppard had planned to escape for some
weeks prior to January first, “and had a
method or plan to escape, to put out of the
way a guard by the name of Weston and
then to get out through a window, and in
fact on January first did put out of the
way the guard Weston and did attempt to
get out of a window,” and the witness was
asked whether upon these assumptions he
would say that Sheppard appreciated the
consequences of his act. Counsel for
Sheppard objected to the admission of this
question on the ground that there was no
evidence that Sheppard had planned to kill
Weston. The ultimate responses of the wit-
ness were in substance that Sheppard might
appreciate what he was doing, but that it
was extremely doubtful whether he gave
enough long range thought to it to appre-
ciate what might happen, and that there was
a great deal of doubt in his, Dr. Bryan’s,
mind whether Sheppard intended to kill
anybody. The evidence was favorable
rather than prejudicial to Sheppard, and
was substantially the same as the testimony
of Dr. Bryan on direct examination to the
effect that at the time that Landry was

48 NORTH EASTERN REPORTER, 2d SERIES

killed, Sheppard was not able to distinguish
between right and wrong in the sense that
he would have no appreciation of the con-
sequences of his act. No prejudicial error
is shown.

The twenty-first and twenty-second as-
signments of error relate to the exclusion
of evidence of the same character as that
already considered under Sheppard’s fifth,
thirteenth, fifteenth, sixteenth, seventeenth
and eighteenth assignments of error. For
reasons already given there was no error in
the exclusion of the evidence in question.

[39] The twenty-third assignment of
error. Obviously there was no error in the
exclusion of the question put to Dr. Ray-
mond, whether the fact that a statute for-
bids an inmate of an institution for de-
fective delinquents to marry indicates that
the Legislature thought such inmates to be
irresponsible. The opinion of the Legis-
lature with respect to the statute, the pur-
poses of which are generally to safeguard
genetics and heredity, would not have any
probative force on the issue of whether
Sheppard was criminally responsible.

[40] The twenty-fourth and twenty-
fifth assignments of error refer to the ad-
mission in evidence of answers to questions
put to one Dr. Holt, who qualified as a
psychiatrist and who had examined Shep-
pard on three occasions subsequently to
January 1, 1942. The answers were that,
in his opinion, Sheppard was not suffering
from any mental disease and was not
insane on January 1, 1942, and that he
had the ability to distinguish between right
and wrong as to the acts he committed on
that day. There was no error in the ad-
mission of this tesimony by a duly quali-
fied psychiatrist who had examined Shep-
pard.

[41,42] Sheppard’s remaining assign-
ments of error (twenty-six and twenty-
seven) relate to the denial by the judge of
his motion for a new trial. The motion
was based on the ground of newly dis-
covered evidence to the effect that one
Silvia, who had been an inmate of the de-
fective delinquent department and an im-
portant witness for the Commonwealth at
the trial of the defendants, had been rec-
ommended for release about three weeks
after January 1, 1942, by superintendent
Warren and Dr. Hanson, and that his parole
was voted on February 6, 1942, Sheppard's
counsel contends that “this circumstance
represents an element of prejudice and pet

COMMONWEALTH vy. SHEPPARD
48 N.E.2d 630

suasion unfairly exercised by the govern-
ment authorities in their endeavor to obtain
a conviction” of the defendant Sheppard,
‘which improper influence unduly and un-
justly tended to affect the Jury in its de-
liberation on the question of the innocence
or guiltof * * * Sheppard.”

It is settled that a motion for new trial on
the ground of newly discovered evidence
is addressed to the sound discretion of the
trial judge. Commonwealth v. Devereaux,
257 Mass. 391, 394, 153 N.E. 881; Com-
monwealth v. Sacco, 259 Mass. 128, 139, 156
N.E, 57; Commonwealth v. Lammi, 310
Mass. 159, 165, 37 N.E.2d 250. The govern-
ing principles are set forth in Davis v.
Boston Elevated Railway, 235. Mass. 482,
495, 496, 497, 126 N.E. 841. The rules there
expounded are equally applicable to crimi-
nal cases. It is sufficient to say that in the
present case there is nothing to show
that the judge exceeded or even approached
the bounds placed upon his discretion.
There is nothing in Commonwealth vy.

Mass. >

Green, 17 Mass. 515, so largely relied upon
by Sheppard’s counsel, to support the po-
sition he takes. Indeed, in that case it is
said that the power to order a new trial on
such a ground “is a power to be used
sparingly for the protection of innocence,
not to screen the guilty”. 17 Mass. at page
550. It may be added that without the
testimony of Silvia there was ample evi-
dence to warrant the jury in finding, as they
did, that Sheppard was guilty of murder in
the first degree in the killing of Landry.
Millard did not assign as error the denial
of his motion for a new trial. We-have
examined the entire record and all the con-
tentions of the defendants in accordance
with the provisions of G.L.(Ter.Ed.) c.
278, § 33E, as amended by St.1939, c. 341,
and are satisfied that justice does not re-
quire that other than the following entry
should be made.

Orders denying motions for new trial
affirmed.

Judgments affirmed.


638 Mass.

208 Mass. 71, 74, 94 N.E. 451. Common-
wealth v. Gangi, 243 Mass. 341, 345, 137
N.E. 643.

Conceding for the purposes of the case
that Millard was under arrest at the time
in question, we are of opinion that the evi-
dence that the judge refused to strike out
does not come within the rule just referred
to and was not prejudicial to the rights of
Millard. That evidence does not disclose
what the “talk” was that Warren then had
with Millard, or what the questions were,
if any, to which Millard did not reply.
There is nothing to show that at that time
any statements were made by Warren or
anyone else charging Millard with the
crime in question or with any other crime.
It is the duty of an excepting party to show
what harm has come to him by the ad-
mission of evidence. The evidence com-
plained of under this assignment of error
does not show the subject matter to which
the “talk” or the “questions” related. See
Posell v. Herscovitz, 237 Mass. 513, 516,
130 N.E. 69.

We have examined our decisions where
the rule relied upon by Millard has been
considered, those of other jurisdictions
where the rule is recognized, and legal
treatises that discuss the rule, and we find
no authority for the proposition that the
rule applies other than where the one
charged with crime is accused while under
arrest in his presence and hearing and re-
mains silent. The evidence under con-
sideration, as we have already stated, does
not contain the elements of which the rule
is composed. In fact, the evidence was
valueless and might better have been struck
out, but we think that it cannot be said
rightly to have prejudiced in any way the
rights of Millard. In so deciding we do
not depart from the rule invoked by Mil-
lard, which must be strictly observed, but
in its strict observance we think that the
circumstances to which the rule relates
must be present to establish error. It is
proper to observe that the judge in his
charge to the jury, ‘although without ex-
press reference to this particular evidence,
made it clear that silence on the part of
the defendants could not be considered
against them.

The tenth and eleventh assignments of
error of Millard relate to the admission
of the testimony of Warren as to conver-
sations he had with Millard on January 4,
1942. This evidence was sought to be pre-
sented by the Commonwealth just after

48 NORTII EASTERN REPORTER, 2d SERIES

that to which we have referred in the con-
sideration of Millard’s ninth assignment of
error. Warren testified that he talked with
Millard on Sunday, January 4; that in his
conversation with him he promised him
nothing, made no threats, and that Millard
answered the questions put to him freely.
After a few more preliminary questions
had been put to and answered by Warren,
the jury retired at the direction of the
judge and he held a preliminary hearing.
Much of the testimony given at this hear-
ing was conflicting. Millard testified at
this hearing. There was evidence that, two
days before the alleged talk with Warren,
Millard had been taken to the prison hos-
pital and confined in a maximum security
cell in the department for the criminally
insane. On January 3 there had been an
affray between Millard and some attend-
ants, in the course of which he was
knocked to the floor, the bandages on his
head and fractured hand came off, and he
suffered at least minor contusions of the
chest and abdomen. A report was made of
this incident and he was attended by a
prison physician. The next day (January
4) he told one of the attendants that he
wanted to make a statement to superin-
tendent Warren, who was called, and Mil-
lard made a statement to him, in terms
similar in most respects to one made by
Sheppard, and to which Warren had pre-
viously testified before the jury. There
was a variance only in the respect that
Millard said he did not touch officer Mur-
phy, but Millard did say that “he did re-
member of killing Mr. Weston and Mr.
Landry.” At the preliminary hearing Mil-
lard also testified, in substance, that he was
transferred to a solitary confinement cell
in the hospital for the criminally insane
for the purpose of coercing a confession;
that he had no clothing and no bedding,
except a mattress on the floor, and no
means of attending to his physical needs;
that until he made his confession he was
given no food except a little bread and cof-
fee; that the guards repeatedly threatened
him, beat him and strangled him with tow-
els; beat him in the washroom and told him
what he would get if he did not talk; and
that, fearing the consequences, he called
for Warren and made the statement sub-
sequently testified to by Warren. On the
other hand, evidence was introduced by the
Commonwealth, in contradiction of the
testimony of Millard, tending to show that
he was transferred to the maximum secur-
ity cell, upon the approval of a physician

COMMONWEALTH v, SHEPPA
48 N.E.2d 630 se a 639

and upon Warren’s order, for Millard’s
own safety and that of others; that he
had adequate bedding and regular prison
fare; that in the matter of the affray be-
fore referred to Millard had attacked the
guards; and that no greater force was
used than was necessary to restrain him.
Subsequently this evidence was introduced
before the jury, subject to Millard’s ex-
ceptions.

At this point we consider also Sheppard’s
fourteenth assignment of ‘error which is
based upon his exceptions to the admis-
sion of the testimony of Warren as to a
conversation he had with Sheppard. No
voir dire was requested by counsel or held
prior to the admission of this testimony.
The ground of objection is based on the al-
leged physical and mental condition of
Sheppard when the conversation in ques-
tion took place. Warren testified, in sub-
stance, that he visited Sheppard in the pri-
son hospital a few hours after he had been
shot in the chest. Sheppard was suffering
at the time. Warren told him that he
might die and that he ought to tell the
truth because other inmates might be im-
plicated. Sheppard thereupon stated to
Warren, in substance, that he and Millard
had planned what happened on New Year’s
day about two wecks before; that he and
Millard went to the carpenter’s shop on
January 1, 1942, and met Weston; that
Millard grabbed Weston and that he, Shep-
pard, struck Weston, took his club and
struck him over the head two or three
times with it; that Weston was then
stunned; that the “lead and the spring out
of the leather case came out” and Millard
went over and got the “last” and struck him
over the head with it; that they took the
last, broke the cabinet doors and took out
some hammers, chisels and an iron bar;
that Weston started to recover and to “hol-
ler”; that Sheppard “told Millard to stop
him and [that] he [Sheppard] took a
chisel and plunged into * * * Wes-
ton’s body * * * that they then put
the body into the toilet” and covered it
with their coats; that they went to the
third floor and made an attempt to break
out; that the chisel kept chipping and
“wouldn’t cut the prong that was holding
the screen”; that they “started back and
up the stairs of the floor” and met officer
Murphy and an inmate; that Murphy
started to run; that Millard threw a ham-
mer at him and that it struck Murphy on
the head; that Murphy went down the
stairs and Millard struck him with a chisel

as a result of which he died; that they
came up the stairs and met Landry; that
he grabbed his club, but before he could use
it “they” struck him with hammers and he
went down; that he came up and they hit
him again ; that he came up again and they
hit him again; that he “put up an awful
fight.”

_ [21-25] It is established that a confes-
sion of guilt drawn from a defendant
through threat or by promise of favor is not
admissible because not voluntarily made,
but induced by coercion or promise of
benefit. Commonwealth v. Chabbock, 1
Mass. 144; Commonwealth v. Sherman,
294 Mass. 379, 395, 2 N.E.2d 477; Com-
monwealth v. Mabey, 299 Mass. 96, 98,
99, 12 N.E.2d 61. Whether a confession
was voluntarily made is a question on a
preliminary hearing, if one is requested or
held, for the determination of the judge
in the first instance. If satisfied that it
was so made, he admits it, allowing the
jury to pass upon the testimony as to the
circumstances under which it was made,
with instructions to the jury to give it
such weight as they feel it is entitled to
and to reject and disregard it if they
are satisfied that it was not voluntarily
made. Commonwealth v. Russ, 232 Mass.
58, 122 NE. 176. The weight to be given
to the evidence taken at the preliminary
hearing with relation to Millard was for
the judge. He was not bound to give
credit to the testimony of Millard as to the
circumstances under which he made the
confession. Commonwealth v. Mabev, 299
Mass, 96, 97, 98, 12 N.E.2d 616. Te saw
the witnesses and was satisfied to let the
confessions in. Commonwealth v. Bond,
170 Mass. 41, 44, 48 N.E. 756. The burden
was on the defendant to show compulsion
or promise of favor. Commonwealth v.
Clark, 292 Mass. 409, 411, 198 N.E. 641;
Commonwealth v. Gordon, 307 Mass. 155,
157, 29 N.E.2d 719. It cannot be said
properly that the preliminary finding of the
judge was not justified. He clearly and
accurately instructed the jury with re-
spect to their powers in the subject matter,
in accordance with the principles already
set forth. There was no error in the
admission of the evidence in question.

[26,27] The general principles relative
to the admissibility of confessions to which
we have just referred apply equally in the
matter of Sheppard’s fourteenth assignment
of error, and it was for the jury to find
whether upon the evidence his confession


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96 RECORDS OF THE COURT OF ASSISTANTS

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OF THE MASSACHUSETTS BAY. 97

Norte.

A certification by Elisha Cooke, Clerk, upon an order of the
Superiour Court of Judicature, Nov., 1716, (see Court Files, Suffolk,
No. 11150, 1st. paper) leads, by the similarity of form and handwriting,
to the opinion that the foregoing copy from the record of the Court of
Assistants for March 5, 1660-1, was made at about the year 1716. It
would further seem that this book of the records of the Court of
Assistants previous to that volume entitled « [S]eccond Booke of
Recc[ords] Begunne the 34 of March, 1673,” printed as Volume I. in

this series, was then in existence and in the custody of Elisha Cooke, as -

clerk of the Court which succeeded the highest judicial Court of the
Colony. With the exception of this record of the trial and sentence
of William Leddra, copied by Elisha Cooke, no record or official copy of
record of the Court of Assistants giving judgment against the Quakers
is known to exist. So far as shown by an extended examination of
the records and files this copy is also the latest knowledge we have of
the lost record. In what connection or for what purpose the copy was
made is not known. A sentence by the Court of Assistants of banish-
ment upon pain of death against William Robinson and three other
Quakers is cited in the warrant for discharge from prison given above
in Fragment XXX.

The earliest record we have relating to William Leddra, the last
Quaker sentenced to death and executed, is the following, which is
taken from the Essex County Court Record now in the Office of the
Clerk of Courts at Salem : —

County Court Record Salem June 1658. “The Court held at
Salem the 29 June 1658

* * *

19 William Brend William Lutherway examined why & wt they
came into these pts to seek a godly seed the lord god sd pase away
to New England

* * *

51 The Court being informed of a disorderly meeting of certeyne
suspected psons at the house of Nicolas Phelps of Salem, on the last
Lords day in tyme of pullique worship amongst whom there were two
strangers William Brend & William Lederay pfessed quakers who
then made an escape but afterwards were apprehended brought to
Salem Examined by the Court and owneing themselves to be such were
sent to the house of corection acording to Law.”

The Plymouth Colony Records contain the following entries relat-
ing to William Ledra (or Leddra as sometimes written).

Vol. IIL., p. 176, Oct. 1659. — « Att this Court, William Ledra and
Peter Peirson, two of those caled Quakers, whoe haue bine prisoners
att Plymouth for some time, were sent for seuerally out of prison, and
presented before the Court, whoe were demaunded if they would
engage, according to the law, to depart, and to come into this collonie
noe more, and pay their fees to the jayler; if soe they might forthwith
depart, which they both refused to doe; asperting the law, in agitation
about whick*the said Peter Peirson openly deneyed the humanitie of

*T99T “STL *aeW Uo Ssqqesnyoessey Suoysog ye posuey feqTyM “weTTTTa ‘Vudcsy


98 RECORDS OF THE COURT OF ASSISTANTS.

Christ; and they, seuerally refusing to answare the law, were returned
to the place whence they came.”

Vol. III., p. 178, Dec. 1659. — “ Att this Court, Willian Ledra and
Peter Peirson, two of those called Quakers, whoe were some time since
comitted to prison att Plymouth according to law, as being foraigne
Quakers, apeered and were demaunded seuerally whether they would
depart the gou'ment in some competent time, viz. two or three dayes,
incase wheather and strength were suitable, and that noe vnexpected
prouidence in the aforesaid respects did not or should not fall in the
way in the interim, and whether it was theire present intentsions,
without any sinestery reseruation, directly to depart the gou'ment,
with intension (the Lord willing) not to returne into the gou™ment any
more; they answared they could not engage to any certaine time to
depart the gou'ment; vpon which theire answare they were againe
returned to prison, and order was giuen to M' Southworth and Mt Brad-
ford, that if vpon beter consideration they should or would accept of the
conditions of the aforsaid tender of the Court, they are to release them.”

Vol. IIL, p. 184, March 1659-60. — The prisoners appeared again
and the same tender was repeated, “to which the said Ledra answared
that theire imprisonment was vnjust and illegall; on which the Court
made it manifest that theire imprisonment was according to law, both
of England and this gou'ment; and as conserning departing the gou'-
ment, according to the proposition aboue mencioned, hee, the suid
William Ledra, refused to engage to any certaine time to depart, onely
saying, ‘Its like if I were att libertie out of prison I might depart in
the will of God ere long;’ to which was replyed in the Scripture
phraise by the Court, that if hee would now resolue (the Lord willing)
to depart by such a time, hee might haue his libertie; which hee, the
said Ledra, refused, saying hee would not engage to any certaine time.”

Peter Peirson made a similar answer and both were returned to
prison, but it was arranged that if it should be revealed to either of
them that he might depart “hee should send word to the magistrates,
and hee may haue his libertie.” The following is entered in the margin
of the record. “On the seauenteenth day of Aprill, 1660, the said
William Ledra and Peter Peirson, engageing to depart as is heer
expressed, were released out of prison and departed.”

In Vol. 10, No. 265, Massachusetts Archives at the State House,
is the following warrant for the arrest of William Leddra. It is
dated April 30th., but the year is not given. If the year was 1660 it
would seem that Leddra after his release from Plymouth Prison, April
17, 1660, went to Salem in the Massachusetts Colony.

“To the Constable of Salem or his Deputy.

You are hereby Required to take the body of William Leddra, &
convey him safely to Boston, there to Appeare before y* Deputy Gouer-
nour, to be further proceeded withall according to Law.

Last: 2™°; W" Hathorne.”
[Endorsed*] “W™ Hawthorns Warrant ag. Lydra y* Quaker.”

* The endorsement is in the handwriting of Edward Rawson, Secretary of the Court of Assistants,

OF THE MASSACHUSETTS BAY. ag

Palfrey (Hist. of New England, Vol. IT, p. 480) gives this account
of Leddra’s subsequent history : —

He was “ committed to the House of Correction at Boston. There
he refused to work for his food, and, having been repeatedly scourge,
was at last dismissed, with the threat of death if he should return. He
returned, and was put in prison. On his trial the offer of liberation
was Inade to him, if he would engage to go to England; but he rejected
it, saying that he had no business there. He was condemned and
executed. All that will be Christ's disciples,’ he said at the foot of
the lader, ‘must take up the eross.? The last words heard from his
lips were those of the martyr Stephen, « Lord Jesus, receive my spirit.”

While Leddra was in prison at Plymouth he sent forth the follow:
ing letter to the Rulers and People of New England denouncing the
persecution of “ his brethren,” the Quakers, and defending himself and
other Quakers for returning to a place from whieh they had been
driven. The original letter formerly belonged to John Holmes, late of
Cambridge, deceased. The handwriting and general style of the
original, especially the peculiar method of punctuation, resembles so
closely that of a similar letter of warning sent by Christopher Holder,
at about the same time, to the Governor and Magistrates of the Massa-
chusetts Colony as to render it probable that both were artuaily
written by the same hand.

The manner in which the name of Christopher Holder is written
at the close of another letter written from the prison in Boston,
24th. Oct., 1659, given below, indicates that it is not an original signa-
ture, but merely descriptive of the person for whom the letter was
written ; while the name of William Leddra is written at the cl
his letter in such a manner as to make it more like an original signature.
It would therefore seem most probable that Leddra wrote all the
letters. Fac-similes of the three letters, herewith presented, will
enable the reader to make the comparison : —

“IT w': many others of my Brethren: haue been often ac-
cused by many of y® Rulers: & others of y® People: of New
England to haue Walked Contrary to y® Example & practic: of
y* servants of God: declared of in Scripture: charginge vs yt we Come
into places: where there are laws & Decrees Made agt: vs: & where we
know we shall be persecuted: w: thinge. yo": haue often: declaired
(in my hearing) y* serv: of xt. did not doc: but when they were per-
secuted: in one Citty: did flee into another: y' y® serva’. of xt. often
did flee from one place to another: froin y® rage of their: enemies: is
true: & at other times they did not goe: but were expelled: out of
their Coasts : but for yo": to say they returned not againe: is vtterly falce :
& also yor: saying : they went not where they knew they should be prse.

cuted: in-y* yo": greatly Err: for y® holy Ghost: by w'®:
20:23: they knew all things: & w: brought all things to their
Remembrance: accordinge to y® pmise of xt: witnessed to
Paul: yt in every: Citty: bonds & Afflictions abide him: but none of
these things moved him: w: witness is true: & was & is y® guide &


ee

DANIEL ALL:

Mr. Watt Espy
ebse0< Box 277
Headland, AL 36345

Dear Watt:

_..I've completed merging your Massachus
t and even when looking upon a combined ]
' to.convince me that we're both missing
“many yet to be discovered in Massachuse
going to have to make a couple special
_Society Library in Worcester to ferret
in hell am I going to believe that ther
county between 1727 and 1875. It also s
-accept there having been none in Hampsh
and only one in Hampden County between
missing a bundle in Suffolk County (Bos
century and also a few in Middlesex Cor
believe that there wasn't a single exec
the. year 1801 and only two in the enti
would not surprise me at all if there <
lurking around waiting to be identifiec
-and won't rest until I get ‘em! Fortunz
impossible task. On the flip side, I an
know for the following counties is, in
- Essex County, Worcester County, Martha’
County.
The judicial system in early Massachi
capital cases were concerned. Up until
| their lives were sent to Boston. In the
granted to the colony which establishe«

fore from that time onward that we beg: :

. ‘place at locations other than Boston. |
County's first county court executions
Plymouth County and Hampshire County ii
Essex County in 1701 and Nantucket Cou

I will now proceed to comment on ind:
how differences, where you need mo)

First of all, let us begin with 'Mrs
nomens all refer to the same person: '/
Henry Lake". The information which you

-.the right track but has a flaw in it wi

-¥1684 the Rev. Increase Mather publishe:

_ Recording of Remarkable Providences. It
. *quaint and curious incidents such as wi

-escapes from lightning, etc. -- all of

-stitious mind. After the book was publ:
‘“-letter from his brother, Nathaniel Mat!
‘which he offered a critical review of |

a‘regret on Nathaniel's part that Incr:

LAKE, Alice, white, hanged Boston , Mass,,

1650.
V HEARN

October 8th 1987

tts information with mine
sting, there remains enough
lénty. There are undoubtedly
ts and it looks like I'm
rips to the American Antiquarian
hem out. For instance: no way
were no executions in Plymouth
rains credulity to placidly.
re County between 1696 and 1785
698 and 1873. I'd bet we're
on) as well during the eighteenth
ty. I also find it impossible to
ition in Norfolk County before
history of Bristol County. It
‘e in excess of forty still
I intend to weed ‘em out, though,
ely, it is not necessarily an
tempted to believe that what we
act, complete: Nantucket County,
Vineyard County and Berkshire

‘etts worked as follows where

692 all those to be tried for

year 1692 a new charter was

County goverments. It is there-
reading of executions taking

r instance, we find Suffolk
aking place in 1693 followed by
1696, Hampden County in 1698,

y in 1704.

idual cases, one by one, where
exact sources, etc.

Lake’ e following three cog-
acd 1 H. Lake's Wife and Mrs.
resent now is essentially on
ch I wi now explain. In the year

a book entitled An Essay for the
was a hodge podge collection of
-chcrafts, alleged miracles, narrow
shich were apt to impress the super-
shed, Increase Mather received a

xr, dated December 3lst 1684, in

1e book. Among the criticisms was
ise had not included an account of


the "witchcrafts of H. Lake's wife." The
in fact Alice Lake who had been executed
The court records of this case have peri
However modern research has shed some 1li
reference to it is the first. The next m
the Rev. John Hale wrote the following i
of Witcheraft.

"Another that suffered on tha
after was a Dorchester woman
executton, Mr. Thompson, Min
John Philips, her former mas
her to bring her to repentan

her gutlt of witcheraft yet .
bringing her to that punishm
when a single woman, played

wtth chtld, used means to de.
body to conceal her sin and .
she died not effect it, yet :
the stght of God for her end
great penttency for that sin
the erime latd to her charge

Writing in 1684, Nathaniel Mather had

"It was satd that the devil .
her tn the likeness and act:
of hers then lately dead, o
set, *

Writing in 1982, Dr. John Putnam Demos,
book Entertaining Satan; Witcheraft and
revealed the woman's true name, (which he

years), and the way her family dispersed
was through genealogical records, most nc
XII, 20-22. Her son, David Lake, accordin
citizen at Little Compton, Rhode Island.

had origionally come to New England some
Servant girl and was bound out to the hou
In time she obtained her manumission and

had five children; one of them dying and

her downfall. After her execution, the fa
Island where his name appears at Portsmou

_ four’ remaining children remained in Dorch
households. One was dead within two years
was with a Dorchester uncle in 1659. Even
adulthood, joined their father in Rhode I
1673: and, I am pleaed to note, effected a
after the event which had broken it apart

-of John Demos).

Per your request, I am enclosing a copy
Puntshment in Early Massachusetts entitle
This: chapter deals exclusively with the t
warned against taking the author at his w
mistakes!!! Copies of his footnotes are a

woman of whom he was speaking was

at Boston thirty-four years earlier.
hed and it is a most obscure case.

ht on it. Nathaniel Mather's 1684
ation of the case came in 1697 when
his A Modest Inquiry into the Nature

aecount some time
Upon the day of her
ster at Bantry and
2r, took pains with
2. She utterly dented
ssttfted God for

1t¢ because she had,
1e harlot, and being
‘roy the fruit of her
tame. And although

1é@ was a murderer in
wours and showed

ut owned nothing of
t

irther said as follows:

‘ew tn by appearing to
g the part of a child
whom her heart was much

in his brilliantly researched
2 Culture of Early New England,
| been unknown for years and
ifter her execution. His source
ably: The American Genealogist,
, to that source was a leading
lice, (her maiden name is unknown),
ears previously as an indentured
ehold of John Philips at Dorchester.
as married to Mr. Henry Lake. They
eing the supposed rationale for
ily dispersed. Henry fled to Rhode
h starting in April of 1651. The
ster and were bound out to local
As for the remaining three, one
ually though, the three reached
land, followed him to Plymouth in
reunion of the family two decades
(The words are essentially those

of Chapter Nine from Crime and
They Shall Surely be Put to Death.
pic of capital punishment. But be
cd. I have caught him in several

30 attached.


526 ATI. AMERICAN STATE TRIALS.

Mark is guilty, upon which the prisoners were remanded, and
being again brought and set to the bar, the King’s Attorney
moved the Court that judgment of death might be given
against them, whereupon they were asked by the Cuter Jus-
TICE if they had ought to say why judgment of death should
not be given against them, and having nothing material to
offer, judgment of death was pronounced against them by
the Curmr Justice in the name of the court in form follow-
ing, that is to say that the said Phillis go from hence to the
place where she came from, and from thence be drawn to the
place of execution and there be burnt to death, and that the
said Mark go from hence to the place where he came from,
and from thence be drawn to the place of execution and there
be hanged by the neck until he be dead, and God Almighty
have mercy upon their souls, and that these sentences be put
into execution upon Thursday, the eighteenth day of Septem-
ber next, between the hours of one and five of the clock in the
afternoon.

THE EXECUTION.
September 18.

Phillis and Mark were executed today at the usual place
of execution in Cambridge. The following account is taken
from the Boston Evening Post, of September 22:

“Thursday last in the afternoon, Mark, a negro man, and Phillis,
a negro woman, both servants to the late Capt. John Codman, of
Charlestown, were executed at Cambridge, for poisoning their said
master, as mentioned in this paper some weeks ago. The fellow was
hanged and the woman burned at a stake about ten yards distant
from the gallows. They both confessed themselves guilty of the
crime for which they suffered, acknowledged the justice of their
sentence and died very penitent. After execution, the body of Mark
was brought down to Charleston common and hanged in chains on a
gibbet erected there for that purpose.”

Frothingham, in his ‘‘History of Charlestown,’’ quotes this
item from the Post, and adds, from Dr. Josiah Bartlett’s ac-
count of Charlestown, that ‘‘the place where Mark was sus-
pended in irons was on the northerly side of Cambridge road,

MARK AND PHILLIS. 527

———_—_

about one-fourth of a mile above our peninsula.’’ He also
adds, from the same authority, that ‘‘Phebe, who was the
most culpable,’’ became evidence against the others, and was

transported to the West Indies.

524 XI. AMERICAN STATE TRIALS.

master did in the bed. And Tom
said he did not care, he hoped he
would never get up again for his
eye’s sake, and Seipio was
there at the same time and saw
her.

Did you ever say that your
master had been offered 400
pounds for you but would not
take it, and now he should not
have a farthing, or words to that
effect? No, I never said any
such thing.

Did you ever tell Phoebe or
Phillis that the week before your
master died, that you went over
the ferry to see Robbin to get
some more poison, and that he
came over the ferry in another
boat and so you missed each
other and that he, Robbin, pre-
tended to the ferryman that he
was a country negro and wanted
to see you about your child, or
words to that effect? I never told
them or either of them so.

How came that vial buried near
your forge in the blacksmith’s
shop, that you told Mr. Kettel
of, and he found there? I bur-
ied it there.

When did you bury it there?
In the afternoon of that day that
master died.

Where did you get that vial?
I took it from Phillis that same
afternoon.

Did anybody see you take it
from her? No. When I took it
from Phillis she owned that
Phoebe had given the first poi-
son that I brought to master; and
that she and Phoebe had given
him all the rest saving what was
then in the bottle, and thereupon
I went to Phoebe and charged
her with it, she at first denied it,
but at last owned it and begged
me to say nothing about it; I
told her if I had known she

would have put it to that use I
would not have got it for her;
then I called Pompey to go down
to the shop with me for I wanted
to speak with him, intending to
show him the vial, and he came
into the shop but before I had
an opportunity to speak to him
Mr. Kettell took me.

Where was the vial when you
talked with Phoebe as aforesaid?
I had it in my pocket and told
her so, then I went into the shop
and buried it, then I went into
the house immediately to call
Pompey to show it to him.

Why did you bury the vial be-
fore you called Pompey, or show
it to anybody? I buried it be-
cause I did not want anybody
should see it before I showed it
to him.

Have you lately had any pot-
ters’ powdered lead by you in
your possession? Only that I
had from Essex Powars; which
be as I suppose ground to pow-

er.

When did you get that pow-
dered lead of Essex? I had it of
him that day I went there for
six butter pots, which my mas-
ter’s son Isaae sent me for.

What did you get that lead
for? To see if it would melt in
our fire, upon a dispute between
Tom and I about it; Tom said it
would melt, and I told him I did
not believe it would; I carried it
home and laid it upon the wall
plate in the blacksmith’s shop,
and I never moved it afterwards
or thought anything about it till
it was showed to me by the Jus-
tice.

Do you know that any part of
that lead you had of Essex or
any lead like unto it was given
to your master or put into his
victuals or drink? I do not.

MARK AND PHILLIS. 525

Do you know of any proposal
made of poisoning your master?
No, I do not, nor ever heard any
such thing proposed by anybody.

Do you know of any ecushoe
nuts being procured for that pur-
pose? No; I have not seen a
cushoe nut since I have been in
this country.

Do you know of any copperas
or green stuff being provided for
that purpose? No, I do not.

What time on the Saturday be-
fore your master died was it that
you heard Phoebe ask Phillis if
she had given him enough, and
Phillis said she had, and would
stick as close to him as his shirt
to his back? In the afternoon
about dark; and before I went
to Boston.

How came you, after you had
heard this talk between Phoebe
and Phillis to get her, Phoebe,
more poison? TI did not know
what she meant by their talk, nor
who they meant by him.

Did you tell Karr that Phoebe
sent you for that poison you ap-
plied to him for? She did not
tell me it was poison, but told
me to ask Karr for that thing
he had promised her; he said he
knew what it was and wonld not
send it till he had talked to
Quaco, and did not know that he
should send it afterwards; and I
said no more to Karr about it.

Did you ever ask Karr at any
other time for poison? No.

Did you never ask him for

something to poison or kill a
dog? No, not that I know of.

Was you ever bit by a dog?
No, I never was.

Do you know anything more
of your master’s being poisoned
than you have before related?
No, I do not.

@uacoe (a negro) on his exam-
ination says that he is a slave
belonging to Mr. James Dalton,
of Boston, victualler; that some
time the last winter one Kerr, a
negro man, belonging to Dr. Gib-
bons, told him that Mark, be-
longing to Mr. Codman, had been
with him to get some poison and
that Kerr told him that Mark
asked Kerr whether Phebe had
been with him for poison. Qua-
coe says that he spoke to Phebe,
Mr. Codman’s negro ‘woman,
whom he ealled his wife and told
her not to be concerned with
Mark, for that she would be
brought into trouble by him, for
that Mark had been with Kerr
Gibbons to get poison and had
asked Kerr whether Phebe had
not been with him for poison.
Quacoe also says that this dis-
course with Phebe was when they
were going to bed the Saturday
night after the discourse had with
Kerr Gibbons. He charged her
not to be concerned with Mark
about poison on any account
whatever.

Phebe and Robin were admit-
ted as King’s evidence and gave
evidence incriminating both pris-
oners. ;

THE VERDICT AND SENTENCE.

The Jury having fully heard the evidence went out to con-
sider thereof and returned with their verdicts and upon their
oaths said that the said Phillis is guilty, and that the said


i

MARSHALL, Harry, wh,

The

Perfect
Murder

No. 47

-m “When in the summer of 1910 he and ©
his wife took in a boarder named Enrico, «
Frank ‘was quite pleased. In the first.

place, the extra money meant he would

have to give-even less to his wife, Lena,
who always nagged ‘him about not pro-:

viding her with enough to run. their New
England home.

In addition, Enrico, a fireman, was
known as “Caruso” because of his melo-
dious voice, and he could sing’ for hours.
And’ Frank was in favor of any enter-
tainment that was free. Sultry Lena was
even more taken with Enrico’s golden
tenor voice, so much so that the’ pair.
became lovers.

Lena told Enrico of all her troubles
with Frank and one day added she would
“be better off with him dead.” The fire-
man agreed wholeheartedly. |

Together one day they lured Frank

down into the basement, where Enrico |

struck him from ‘behind with a lead pipe
and, to’make sure he was dead, wrapped
a wire around his tieck and tightened it.

‘Lena had ‘helped enthusiastically with
the chores, but now that it was over, she

had a bad case of nerves. Enrico sent «
her off to bed while he took care of the |
im task of disposing of

rest of the grim
Frank’s body. He obtained a quilt
from his room and wrapped the body in
it. Under cover of darkness, he carried
the body out ‘into his car headed for
the ocean. Off Windmill Point, he rowed

the body out to sea, tied several weights .
to it with ‘telephone wire and dumped

it overboard.

It was a full month later before
Frank’s bloated body was washed ashore
in a hurricane that hit Cape Cod ‘and

10

FRONT PAGE

elec.

A PATCHY JOB |

"> the Hull

s band’s absence for over-a. monies Lena .

MASP

(Plymouth Co.) June 6,

19126

East, Boston said it could; be Frank. But
Lena:and Enrico both ‘saidsitywasn’
“Then how. do you" explain your hus-:

“was asked by the police.
“He went to. Italy,” she replied: “J

got a letter from-him from - New York

saying he’ was ‘sailing and. that he was

through with me.”

The. police were very Sack interested

-in seeing the letter, and accompanied

Lena to her home. The woman searched

- high and low without success’ and finally
pointed to her ‘three little’ girls, one

dressed in red-striped gingham, another
in’ a: blue-and-white ‘heal the third in
a brown ‘plaid.

“The children probably got hold of it
and cut it up into paper dolls,” she ex-
plained.

The sities weren’t impressed. In fact,
bey arrested Lena and Enrico for mur-

er...

“He was a cheapekitet your husband, hig
an officer told Lena with some sympathy.

-- “You had: to patchwork everything,

didn’t you? You two failed to notice that
‘the quilt ° you wrapped the body in was.

_ ‘patched in several spots and you had so.

little money you had to use remnants of

any material that was handy. There were

three patches on that quilt that match

. the material of the, three dresses your

girls are: wearing.”

Because their victim wore.a shroud on
which was. stitched the identity: of his
\killers, Enrico burned in’ the electric ;
chair and Lena drew a life sentence. @

DETECTIVE,
August,

aa

peningula.~ There ‘was:some: |
.. question about the identity:of the « corpse. (|
The dead man’s~brother.who-lived in -

1963.

CLEANUP SPOT continued

The: Florida State e Court ruled
that Dennis Manford itney, who has

confessed to a string of seven murders in.

a cross-country crime spree in 1960 (J’d

Rather Kill Then Work, June. FRONT PAGE,

1960), must die in the. electric chair.

te

xs ‘DENNIS: WHITNEY -
-Mass-murderer to die.in chair. -

slayings, was ‘sentenced to death in Miami
for the: “Chinese-style”. slaying of Miami
service station attendant Arthur Keeler. He
had told officers he forced the attendant to
kneel in a restroom, then shot him in the
-back of the head. The youth filed‘a writ of
habeas corpus, claiming he was forced to

Rie | Whitney, who was 17 at the time of the

testify against himself in- signing the con-.

fession and*was not fully informed of his

rights.. However, the state court’s. opinion.

stated “After all i is said, ‘the record of this

proceeding simply reveals the case of
totally wanton and unjustifiable murder.”

. Paul ‘Pancake, Richard Kay and Havard
Cook, all from the ‘Chicago area, who were
convicted in March, 1962, for armed rob-
bery, .of' a Pompano Beach, Fla., jewelry
store, have had. a new’ trial ordered. for
them, on the grounds that’ the prosecuting
attorney at their trial made improper re-
marks:-during ‘his closing arguments. The
robbery netted the’: trio approximately
$1, 750,000 worth of jewelry: (The Day the

Tce Men Came June, FRONT, PAGE, 1962).

‘Less’ than 24 hours after the holdup, the
FBI arrested the three men and found the
loot in a car parked in Miami.:Panczko and
Cook have been free on $50,000 bond since
their trial and Kay has been serving a
sentence in the Atlanta, ‘Ga., federal prison.

amine lal pet aah nite poe pte bt

Your First V.
of the MADE
SELF-TEACi
ENCYCLOP)

MATHEMA]

Simple everyd:
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tions, decimal:
plot of land, r
braic equation
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division; how :
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scales, combin
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about this subj
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ence. Sent ON
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MATHEMATIC
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ss

MARSHALL, Harry, white, elec. MA (Plymouth) June 6, 1912

hittin Ee i el

THE MYSTERY OF jy;

On the shore of Nantasket Beach,

Massachusetts, was found the nude

body of the man (below) wrapped

in a patchwork quilt, and bound

around the neck and body with
heavy wire

BY HERBERT HALL

BOUT _ miles from Boston is the picturesque
town of. Hull, which includes one of the most fa-
mous resorts in Massachusetts—Nantasket Beach.

For several miles the ocean front is dotted with
pretty cottages, but with the passing of Labor Day there
is an exodus of summer residents, who, however, maintain a
caretaker to patrol the beach at regular intervals to protect
their property from vandals.

Early on the morning of Friday, October 14th, the care-
taker, Roscoe M. Spaulding, was making his usual inspec-
tion of cottages along the south shore in the vicinity of
Nantasket Point (a projection now known as Sunset Point).

On reaching the ocean side of this point, Spaulding stood
for a moment contemplating a mysterious bundle lying in
the seaweed. The tide was out and the bundle was about
sixty feet from the water, evidently deposited there by the
receding tide.

Naturally curious as to the identity of the object washed
up by the waves, Spaulding walked out on the beach for a
pe inspection. From white he stood it appeared to be a
roll of blankets.

He had taken but a few steps when he realized that what
he had thought were blankets was in reality a patchwork
quilt. Because this quilt becomes of importance later, I'll
describe it briefly here. It was what is known as a log-cabin
quilt, and although home-made was quite valuable, compris-
ing several hundred pieces and involving a great amount of
abor.,

As he approached, Spaulding noted that the quilt had
been formed into a receptacle and bound with heavy wire.
When within a dozen feet, he gave a little gasp of horror
and paused, uncertain whether to proceed. The quilt inade-
quately covered the object it enclosed and he thought it was
a human body.

Then, thinking that possibly his vision was distorted, he
overcame his repugnance and stepped closer.

are was no mistake. The log-cabin quilt held the body
of a man.

24 cs

TAYLOR

Retracing his steps to the high ground, the caretaker
hailed a small boy who was passing.

“Hurry over to the police station and tell them there’s
a dead man on the shore here,” he ordered. The boy, after
a frightened glance at the inert figure on the sand, started
off on a run, while Spaulding watched to see that his grue-
some discovery was not disturbed.

Patrolman Harry Tremaine was the first officer to arrive.

“Well, what have you got here, Spaulding?” he asked.
“Something the sea wasied up?”

“It’s a ody,” replied the caretaker. “The body of a
man and that's all I know about it.”

“Well, we'll go out and look it over.”

The man was lying nearly over on his right side with the
left side of his face exposed. The quilt was held in place
with two turns of wire; one around the neck and the other
around the body under the arms. Somehow, it had become
twisted so that a portion of the man’s back was displayed.
It was bare and badly sunburned.

Tremaine bent over and examined the wire. “This is
Number 10 telephone wire,” he announced, straightening up,
“and must have been fastened with a pair of pliers.” tHe
turned to Spaulding. “Wait here till I do some telephoning.
I’ll be right back.”

Summoned by Tremaine, Doctor John A. Peterson, Medical
Examiner of the Fifth District in Plymouth County, arrived
from his home in Hingham within a few minutes. Then
came the Hull Chief of Police, Frank M. Reynolds.

After a cursory examination, Doctor Peterson said: “Well,
boys, this is murder. See those gashes in the neck? They
were never caused by contact with the rocks. This quilt,
too, you observe, is thoroughly water-soaked. It is possible
that this man was thrown overboard from some vessel in
the harbor.”

He ordered the body removed to undertaking rooms in
Hingham, where the next- morning he performed an autopsy.
To the police he made the following report:

“The body was entirely nude. [ found three cuts on the

Under t
(at lef:
someone
shallow
the firs:

T

neck; one ac
one of the tw
on the back \
of the neck
7 head vy
“Anythin
the Chief. .
“Well, the
an axe, and t
chopping ble
“Now abot
struck from |
“Yes, prob
a glancing bk
to avoid it.
“The victin
“Yes. All:
leaving simp!
the abdomen
“What was
“He was pr
mately five f
complexion.”
“What was
“Black. T
ears. Otherw
sence of hair }
I think he wa
“Well, now
scribed would
“Of course
There was nc
It was in a h
“How long
“That’s a di
approximately
three or four
that time.”


Main Street in Hull, Mass., as it
was at the time of the murder in-
vestigation.

Dr. Peterson again drew the quilt over
the remains. The preliminary examina-
tion was over and the chief drew Officer
Tremaine to one side.

“I want everyone kept off this part
of the Point."’ he instructed. *‘] want
to examine the ground before it is further
disturbed."" He glanced at the ocean,
remarking that they would have to work
fast before the tide started to come in.

Peterson ordered the body removed
to the Downing Undertaking Parlors in
Hingham for the autopsy. ‘It should
be easy to confirm the cause of death,”
he told the chief. **But identification
may be another matter entirely.”’

“I can see your problem,”’ the chief
agreed, **but mine may be even harder...
trying to find who committed this crime.”’

As the hearse attendants stepped for-
ward to pick up the body, a flat limp
object slithered from the quilt and flutter-
ed to the beach. The chief studied it for
a moment before placing it to one side
for further examination. He slowly walk-
ed down the beach, pausing at each
hummock of mud-rooted eel grass,
probing in hidden recesses with a stick
to find what secrets the tide might have
left wedged behind.

18

Inch by inch, he proceeded in this
fashion. Once he picked up an oddly
shaped long boulder. He carried this
back and shook his head when it failed
to fit into the wire loop found around
the body. Before he resumed his restless
survey, the chief noted that more patrol-
men had arrived, and he repeated the
orders already given Tremain about
guarding the shore. He saw that Spaul-
ding stood silently by.

*‘Were you home last night?"* he asked
the realtor.

“lL didn’t leave the house once that
fog bank rolled in.’ came the response.
“That stuff was so thick you couldn't
see your hand before your face. | was up
most of the night, though, listening for
sounds of any prowlers around my pro-
perties.”

“It would be necessary to pass close
by your house to get to the beach where
the body was found. wouldn't it?”’

“That's right. And I didn't hear a
sound all night.”*

The chief mused along. ‘‘High tide

this morning was around 3 a.m. We had
wind and high water. The current run-
ning past Bumpkin Island cuts close
inshore where the body was found.”’
At low tide, Peddocks Island seemed
very close. The realtor glanced over at
its sandy shore. ‘*You think maybe it
happened over there?’’ he questioned.
Chief Reynolds refused to be drawn out.
He dropped by the Hingham under-
taking rooms in the early evening where
he found that Doctors Peterson and
C. A. Dorr had completed ‘the autopsy.
Death had been caused by savage blows
at the base of the brain, which had

Lawmen who helped solve the ‘mummy siaying.’ From left, Barney Mitchell, Arthur Kelley, Chief Frank
Reynolds and David Shaw.

severed the spinal column. The mur-
derer, the two physicians added. was a
person of great strength.

In addition to the mummification,
Peterson told Reynolds, there was an-
other strange facet to the case. The
autopsy revealed that the man had been
dead for more than three weeks, but
there was no trace of water in the lungs
or evidence that the victim had been
immersed for any length of time.

“How do you account for the mummy-
like condition of the body?’’ the chief
asked.

“That’s not as strange as it appears to

A log cabin quilt used as the death shroud brought a startling first clue to the investigation.

the layman,”’ the doctor replied. ‘‘It is
a condition consistent with what would
happen if the victim was buried in dry
sand immediately after death. I might
add that there are no birthmarks or other
physical characteristics which will help
us identify the victim.”

Although an examination of the mouth
revealed several missing teeth, the
remaining ones appeared in excellent
condition and revealed no dental work.
The only outstanding characteristics of

(continued on page 38)

=

19


.

Jack & Pat & Nancy... & Splat!

(continued from page 37)

not guilty, claiming he had not partici-
pated in the plan to kill his wife and had
not known she was to be killed until he
- heard the shot fired by Mary.

Hallford quickly shot holes in the tes-
timony, pointing out that it would have
been difficult for Von Gunten to be in the
car with Mary carrying the rifle without
being aware of what was to take place.
The jury agreed and retumed a verdict of

guilty in the first degree.

Nancy Anson was taken to trial on
April 14, 1979. She entered a not guilty
plea and claimed she had no knowledge
that Von Gunten’s wife was to be mur-
dered and had not helped Von Gunten
conceal the corpse. Judge George Bar-
rett, however, ruled that the tape-
recorded statement made by Ms. Anson
could be heard by the jurors.

A jury of seven women and five men
deliberated only an hour before returning
a verdict of guilty.

With two of the defendants found
guilty, the 17-year record for the veteran
prosecutor Hallford of never having losta
murder case remained intact.

At the present time, Mary Thomas is in
the custody of juvenile authorities pend-
ing the proceedings to determine whether
or not she can be tried on a murder charge
in adult court. By law, until such time as
her guilt or innocence is established, she
must be presumed to be innocent. y&

(Editor’s note: Since it was not known at this
writing if the 17-year-old girl would be tried as an
adult, the name Mary Thomas has been substi-
tuted for her real name).

Riddle Of The Floating Corpse

(continued from page 19)

the body were its long limbs, and toes
and fingers of unusual length.

Word of the murder spread rapidly
through the towns of Massachusetts’
South Shore and beyond. Requests came
to Hull Police Headquarters for des-
criptions of the victim, and one by one
possible leads were eliminated when
descriptions failed to correspond.

The hours passed. After listening to
speculation that the body might have
been tossed into the offshore waters
from a boat during the heavy fog, Rey-
nolds checked his own files and re-
turned to the funeral parlor. He lifted
one of the long, claw-like hands as
George H. Downing, owner of the es-
tablishment. entered the room. He
glanced at the form lying on the slab.

“There is.someone outside,”’ he told
the chief. *‘who would like to look at
the body. Before Reynolds could reply,
the form of a huge man filled the door.
Reynolds recognized him as Edwin
Riley. a prominent Boston contractor,
who owned a summer home in Hull.
The undertaker snapped on additional
lights as Riley stepped forward to study
the drawn face and shriveled limbs.

**His own mother wouldn't recognize
him” the contractor stated, ‘‘but I have
a feeling this man may be Frank Cusu-
mano.’* Reynolds did not mention that
he had been checking that possibility
when he had been interrupted. Instead,
he asked why the contractor thought
as he did.

“I had that thought when I saw him
lying on the beach,”’ Riley replied. The
chief nodded, knowing that Riley and his
16-year-old son, David, has been among
the first arrivals at the beach. **Frank

38

had unusually long arms and legs,”’ the
contractor continued. **He had the hands
of a musician.”’

Everyone in Hull knew and liked Frank
Cusumano; now the two men gazed sadly
at the hairless, mummified form lying
before them. He was an American of
Italian ancestry, with an attractive wife.
and had séttled in town some years

_ before. Persistent and honest, Cusu-

mano was forging ahead in local affairs
and was also highly regarded in the
Boston Italian colony. The man had
vanished on September 18.

**He worked for you, didn’t he?”’ the
chief asked Riley.

**Best man I ever had,”’ the contractor
nodded. ‘‘He superintended some of
my mos: important projects. As soon
as he could get some money together,
he was going to start his own business.
He not only was a good worker himself,
but could get a lot of work out of the
men.” -

“I know you came up to see me with
his wife the day he disappeared,”’ the
chief said.

**She was worried,”’ Riley responded.
‘tand Frank was too valuable a man in
my organization to drop out of sight
unnoticed. We also notified the Boston
Police Department that he was missing.”

Reynolds recalled these circum-
stances: he also remembered that Cusu-
mano had disappeared previously only to
turn up later in different parts of the
country. Once he had traveled as far as
New Orleans, and the chief mentioned
this now.

‘Frank's only weakness,”* the other
responded. ‘‘He'd get wanderlust every
now and then, and leave his wife and

children for three or four weeks. This
last time he took $250 of their savings
and said he was going over to Hingham
to look at some investment property.

When he didn’t return, his wife feared:

that he might have been robbed.”

A careful September search in and near
Hull had revealed no trace of the missing
Cusumano. This was neither unusual nor
alarming; men vanished every week
only to eventually return to their homes,
and authorities felt Cusumano was off
on another of his jaunts. However, now
it appeared that the intuitive fears of
his wife might have been valid.

**We better have her look at the body,” .

Reynolds stated. ‘Maybe she'll note
-some physical mark that will allow us
a positive identification.”

At times. the chief pondered to him-
self, a murder investigation is like life
itself. You know less and less about
more and more, until you seem to reach
the humble point where you know every-
thing about nothing. The unpleasant task
of introducing Mrs. Cusumano to the
body was the logical next mung in the
investigation: he hoped for success.

It occured to him that Riley was
silent. Reynolds glanced at the con-
tractor and noted that the other’s eyes
were fastened on the quilt which par-
tially covered the body. Riley looked
surprised. ‘‘That doesn’t look like the
quilt which was found around the body,”
he remarked.

"It doesn't?” the police chief respond-
ed. **What makes you think that?”’ Riley
didn't reply. Perhaps he didn’t hear.
He left shortly afterwards.

Reynolds himself left. driving down
to the comfortable house of Frank Cusu-
mano on H Street in Huil. In addition
to raising a family there, the Cusumanos
maintained a small boarding house. The
wife. a frail, pretty woman in her mid-
twenties, came out as the police car drew
‘up outside. The heads of several curious

(continued on next page)

children peered from the doorway.

“You bring me word of my Frank?”
she asked in a wavering voice.

The chief nodded, saddened by the
burden all police officers bear on occa-
sion. **There’s a chance that the man
found on the beach may have been your
husband.”’

The woman, dark eyes brimming with
tears, leaned against the car. ‘‘I was
afraid something had happened. I’ve had

‘bad dreams for the past several nights..."*

‘We may be mistaken,"’ the chief
offered. **But we will need you to come
and look at the body. The woman cring-
ed; she had heard about the appearance
of the victim. The chief noted, and told

her she could bring a friend along if |

she wished.

Mrs. Cusumano looked at the darken-
ed windows of a neighbor’s home. and
then said that she thought that all her
lodgers were gone out, but she would
check. She returned-shortly with a lodger
she introduced as Harry Marshall, a man
who worked for Edwin Riley, and who
‘knew her husband well. Marshall was just
going out, but thought that he might
aid in the identification.

At the undertaking parlors, Mrs. Cusu-
mano’s reserve broke momentarily as
she was about to enter the back room
containing the body. Then she stepped
inside and tears again flooded her eyes.
But she shook her head when Reynolds.
asked if she recognized the body.

“This is horrible,” she shuddered.
“But I know it can’t be my Frank.”

Marshall led her weeping from the
room and shortly returned. He regarded
the body carefully for long moments:
then turned to Reynolds. ‘‘I do not
believe that is my friend, Frank,"’ he
said.

The woman was again led before the
bier, and this time she cried out in a
wretched voice, ‘My husband, my
husband.””

‘Do you think now it is your hus-
band?” the chief asked.

Lena lifted stricken eyes. “‘How can
I be sure? I have such terrible dreams.
I fear the worst.’’ Her calm broke; she
became hysterical.

Chief Reynolds tried to piece together
the events which led to the disappearance
of Frank Cusumano. He learned that
Cusumano and his wife had gone swim-
ming around noon on Sunday, Sept. 18,
the same day he disappeared. The couple
stayed on the beach until 1:30 p.m. None
of the boarders were in when they re-
turned.

According to the wife, Frank was still
wearing his bathing suit when he entered
through the cellar and brought a pail
of clams he had dug at low tide into the
kitchen. He set them down and left the
room to dress. She still had her wet
bathing suit on when Frank returned,

wearing his best clothes and asking
for money.

She handed him two dollars, but he
said he wanted more. She took $250 of
their savings from a secret hiding place
and handed it to him as he left the front
door, headed for the depot. She became
worried when he failed to return home
and reported the circumstances to
Edwin Riley on Monday. The two went
to the police. Additional injury yielded
still further information.

Frank, well-liked and easy going, had
interfered during a quarrel brought on
by a fisherman’s feud on Boston's T-
wharf. It was believed that the ‘Black
Hand’* — was involved, and that Frank
Cusumano had fallen victim to the dread-
ed organization.

Police also checked with those who
lived in the H Street house to trace
events more than a month old. Boarders
substantiated the wife’s story, saying
they had seen Frank and the children go
into the house on Sunday at 1:30 p.m.,
with Lena following soon afterwards.
The wife had said the children had de-
parted shortly afterwards on an errand,
but the neighbors failed to see them
go out. :

The shores of Bumpkin Island, which
had known the tramp of Indian, colonist,
and British feet, disclosed no trace of
a washed-out grave, so the chief con-
centrated his search for clues along
Sunset Point, following a footpath lead-
ing to the beach where the body had
been discovered. He workly slowly along
this path, finally pausing near an open
space where sand lying in a low, oval
depression had recently been disturbed.

He knelt and ran his hand across the
area. Except for over the depression,
the sand seemed hard and undisturbed.
Working carefully with a small shovel,
he soon cleared out loose sand and
broken roots. leaving a hole some four-
feet deep and three-feet long.

He noted that broken roots along the
sides of the hole were recently cut.
Finally. only some loose sand remained
at the bottom. As Reynoids attempted
to remove this, his shovel struck some-
thing soft, but unyielding. He cleaned
out this remaining sand with his hands
and uncovered a sodden Sunday comic
newspaper supplement covered with
dark stains. The mouldy paper fell apart
when he tried to raise it to the surface.
but the fragment in his hands revealed
the dateline of Sunday, Sept. 11, a week
before Frank had disappeared.

Unless he was much mistaken, Chief
Reynolds had discovered the crypt which
had concealed the folded body of the
missing man.

Acry from another officer from a dense
thicket bounding the path drew the chief
from the pit. He found Officer Hobert
Goodwin standing near a low branching

tree. Under it. sticking up from a ved
of wet leaves, was an axe handle coated
with moist.sand.

Reynolds carefully removed the litter
surrounding the handle until he un-
covered the axe head. Picking the axe up,
he noticed faint dark discolorations
under the protective covering of sand
on the blade. The find was carefully
placed in a wooden packing case pro-
vided by Goodwin. The box was rushed
to Professor William F. Whitney of
Harvard University for examination. In
addition to his specialty of anatomy,
Prof. Whitney was a chemist of national
authority who had devoted a good part

_of his life to the study of bloodstains.

Reynolds told George H. Hatchard,
engineer of the town fire department,
of his discovery in confidence, and asked
him if he had any idea who would use
the kind of axe found by the police.
Hatchard responded that Reynolds had
just described regulation fire department
pick head equipment. The chief asked
if any member of the public might be
able to secure one of these axes.

The fire engineer thought a moment.
He replied that he had been keeping
some of the fire apparatus at the stables
in unlocked sheds. **But,* he qualified,
‘I don’t know how any outsider would
know where to go unless he knew the
layout.’”

When the chief asked to see one of
the axes, Hatchard led the former to a
low wooden shed housing the town’s
ladder truck. Walking over to the truck,
Hatchard removed a red axe from a
standard near the seat. The chief re-
garded it with interest.

It appeared to be the same in design
and weight as the one Goodwin found
on Sunset Point. **‘Lost any of these
récently?” the chief asked, as he watch-
ed the sun glittering on the razor-sharp
edge.

“Off this very truck.’ came the re-
sponse. *‘We keep two of these, one on
each side of the ladders. One of the boys
told me that one was lost last spring
going to a fire.”

“Can you think of anyone who might
have been interested in ‘making’ it
disappear?’

‘Not in the way you suggest.”’ the fire
engineer replied. “But I'll keep my
ears open.”

Some hours later, Prof. Whitney reach-
ed Reynolds at police headquarters.
“I've got some word for you on that
axe picked up on Sunset Point.’ the
chemist said.

“You've found bloodstains?""

“I'm afraid I'll have to disappoint you
there. I made several tests but the blade
is so rusty I could get no reactions. But

(continued on next page)
39


Portion of Sunset Point Beach where
quilt wrapped body was found.

DETECT

by CURT NORRIS

IVE CASES,

Word spread through Hull, Massachusetts, with that alacrity bred by
small New England neighborhoods. The restless Atlantic had coaxed the
mummified body of a man ashore, depositing the corpse with a gentleness
belying signs of violent death. It was the last thing that vacationing Roscoe
Spaulding expected to see on the early morning of October 14, 1910.

As the morning sun scoured away the
previous evening’s heavy fog. residents
on Hull's long peninsula stirred about
their daily business. Workers were
boarding up Paragon Park for the winter
and the last of the ‘summer people”’ set
out for morning walks. Among these
was Spaulding, a Braintree (Mass.) real-
tor. He ambled out of his home on Sunset
Point. overlooking Hingham Bay, and
strolled along the waterfront, enjoying
the fall sunshine.

As he sauntered above the high water
mark, breathing deeply of the sea and
absorbing the breeze of autumn, an
innocent piece of white cloth fluttering
below him in the onshore breeze attract-
ed his attention. He saw, partially hidden

16

New England |

: “Crime Classic

by numerous clumps of eel grass. a bulky
object wrapped in a quilt and bound by
wire rested quietly upon the damp lower
reaches of the beach. Again the white
cloth fluttered as the curious man ap-
proached, revealing a frightful object.
The realtor recoiled in horror at the
sight of a half-clothed form of what

appeared to be a man. Unable to move,
he stood until the quilt again flapped
open. He stared into open eyes framed
by sunken sockets on a mummy face.
Spaulding broke away and ran, shouting
for help.

Workmen stopped hammering; stroll-
ers paused; doors opened as the realtor
ran past to his own house where he
called police headquarters. The call
was received by Chief of Police Frank
M. Reynolds. who paused only long
enough to call Medical Examiner John
A. Peterson of the Fifth Plymouth
District before he sprang into a patrol
car driven by Officer Harry Tremaine.

The two soon clattered to the site,
now marked by a group of curious men

isis

October 1979,

It was one of the most masterful
investigations cf this century, including
matching hairs with a bald corpse. And
this was long before the advent of

'

and women who silently spread apart
to allow the officers through. As the
chief stopped to examine the grim find,
a 16-year-old youth pressed forward,
eyes fastened upon the peculiar design
of the bed quilt shroud. The boy spoke
in guarded tones to a man standing be-
side him. The two then drew back and
lost themselves among the crowd.
Reynolds, intent upon his task, caught
the guarded conversation and marked
it as something to check later. He
studied the grotesque log cabin patchings
of. the blue-lined death quilt and shifted
his eyes to the wire which bound the
q

Newspaper sketches of murder victim's wife
during court proceedings. She had night-
mares that turned into a reality.

shroud in place. He was studying a
curious loop of heavier wire protruding
from the chest when the medical exam-
iner arrived.

Reynolds cleared the spectators back
as the physician quickly clipped the
binding wires and unrolled the quilting.
The chief was hardened to scenes of
violent death; still he was unprepared
for the sight of the nearly decapitated
mummified head and battered torso.
Officer Tremaine, hovering nearby,
gasped.

“It hasn‘t any hair,’ he exclaimed.

Peterson was grave. ‘That isn’t all,”

forensic scientists.

he muttered to the chief. *‘There’s
something about this I don’t under-
stand."’ The two held a whispered con-
ference. Disturbed by what the physician
added, Chief Reynolds studied the
shrunken flesh ‘of the dead man and his
strange mummified appearance.

The police cameraman arrived at this
point for photographs, although the old
records fail to explain why the remains
weren't photographed before the body
was removed from the quilt. The hearse
drew up beyond the milling crowds as

(continued on next page)

Artist’s sketches of Harry Marshall during his
trial. He died in the electric chair.

W 6He)

Avi

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*Zilol-9-9 (UINOWATd) “SSE “OOTO ToqTUM

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ter.”

band had
‘tion with
contract-
nd tongs,
threaten-
s office in
ers had
vhat was
apt to bid
stly away.
six-story
ined to do
‘t the cot-
ester, the
volver and

2lf-defense.:-

o, but he
adn’t men-
> It now
, had been
Hull, as a
rer a juicy

ions point-
varticularly
that Lena
n attitudes
us after all
iangle?

the Cusu-
eldest Cus-
g with an-
i. He took

ar daddy?”

ied. “I saw
after clams.
back to the
hat.”

‘ent away?”
y goodnight
her said no,
nd I should
ht to sleep.”

That night
yor and saw
rying some-
lankets. He

om and then ~

e a thorough
i the Cusu-
‘glace in the
-ared to have
igging there,
2, along with
ng suit, like-

: with Cusu- .

rere he was
table. The
shone wire in
sound around
or identified
seen on the

nd handsome

d. Lena was:

iemanded.
ids and began
obbed. “En-

or story it be-

orenisiinp® Salen te eis Bic

}

came apparent that when it came to guilt,
she was right along with Mascioli: She
admitted that when the young stonemason
came into her life, he brought a new kind
of love such as she had not known. with
her stodgy husband in years. For weeks
the two had made love virtually under
Frank’s nose. When Mascioli arrived for
the weekend, he informed her privately
that the time had come to get rid of Frank.
The children had been sent out to play.
When Frank got back with his clams, he
went to a bedroom to take off his bathing
suit and get dressed. Mascioli rushed in
with the axe, Lena behind him. He bludg-
eoned the contractor to death then and
there. He then made a hasty effort to dis-
member the body, but found it too difficult.
The dead man was locked in the bedroom
until after the children had gone to bed.
Then Mascioli lugged the lanket-wrapped
corpse out of the house; He put it in a
boat, rowed about a mile out into the bay,
and dropped the body into the water after.
weighting it heavily with stones. It might
have remained on the bottom indefinitely
but for the storm. i f
When Mascioli was brought in in his

‘turn and confronted with the brunetta's

story, he merely shrugged. at

“T suppose that is the way it happened,”
he said. “I was crazy about Lena—had to
have her, regardless of the cost.”

RIED SEPARATELY two months later,

both of the
found guilty and condemned to die in the
electric chair. Attorneys for each of them
appealed, however, and the cases dragged
on for many months. There was heavy
public pressure against the execution of
Mrs, Cusumano, for until. then no woman
had ever been electrocuted in Massachu-
setts. ge?
While the legal mei on, the two

sinning lovers were .

doomed lovers occupied cells not far from
each other in the Charlestown Prison.
Hardened guards at the prison were as-
tonished at the apparent casual attitude
of the prisoners. Enrico - Mascioli often

‘lived up to his nickname of “Caruso” and

burst into song in a fine tenor voice
that pealed through the cellblock. Lena,
hearing him, would frequently join in with
him, and the rest of the prisoners were
treated to:many a melodious duet.

Mascioli, who had taken comfort in re-
ligion, seemed to have little interest in
what his fate would be. ’

“The next world is more important than
this one,” he said. “What happens to me
here is of no consequence.”

Finally, on June 6, 1912, Lena was in-
formed by her keeper that Governor Eu-

gene Foss had commuted her sentence to |:

life imprisonment only five hours before
she was scheduled to die...

“Well,” she commented, “so I am to be
spared. How about my darling Enrico?”

“He must die. The governor has re-
fused to intercede for him.”

“A pity,” she sighed. “But of course we
must all go sooner of later. When does he
go?” pi

“At five minutes past midnight.”

“Do please tell me when it’s five after
midnight,” she begged. “I want to say a
prayer to speed his soul.”

At 12:05, a woman attendant went to her
cell, found her fast asleep and did not
arouse her. When she awoke in the morn-
ing, she sang a sentimental Italian ballad,
but there was no Enrico to make a duet
with. her. The lovely Lena, who had

- changed her story and denied any com-

plicity in her husband’s murder, spent 18
years in prison. Then she walked out on
parole, leaving memories of the strangest
woman prisoner ever known at Charles-
town. .

THE LIEUTENANT CRACKED UP

‘(Continued from page 47)

vanished. He asked her if she would go for
a short ride with him. She said yes, anx-
jous not to hurt his feelings in any way.
Thompson got a cab and told the driver
to head toward an old Spanish fort in the
- vicinity. The young officer appeared more

- tense now than he had in the hotel. When

they arrived at the ruins, he leaned for-
ward and said, “Now drive out to Fort
McKinley.” ae cee
Surprised, Audrey said, “No, driver, no.
It’s much too late. Take me back to the
Manila Hotel.” A
Thompson pulled her into his arms and

kissed her passionately. The driver saw -
this in his rear view. mirror. But he ©

~~

did not see what happened next. He heard
a shot, then two more in rapid succession.
He slammed on the brakes and jumped
from the car. ' ‘As

Thompson hopped out after him. “Damn
you!” the officer shouted, leveling his .45.
“Get back in your cab and drive like hell
to Fort McKinley.” °""

The terrorized driver obeyed, On the
way he saw the Army man time and time

again put the gun to his head and pull the
trigger. The weapon, empty, only clicked.
Even though he realized the officer could
not shoot him, he was too frightened to
stop the car again.

The sergeant at McKinley’s Guardhouse
No. 2 was a pot-bellied, leather-faced vet-
eran of many years, clearly a man who
enjoyed his comfort. Having posted his
guard at midnight, he was sitting outside
and enjoying a cigar when the cab pulled
up. The cigar almost fell from his mouth
when he saw Thompson. The lieutenant
jumped from the cab and shouted, “I’ve
just shot a girl. She’s in the car. Here’s the

i hed 1

Thompson held the pistol in his out-
stretched hand, but the sergeant seemed
too dazed to take it. A tall, husky private
named Zigmund, recently- busted ' from
sergeant, took in the situation at a glance
and did what was necessary-

He took the gun from Thompson,
grasped him by the arm and led him in-
sido the guardhouse, After locking Thomp-
son in a cell, Zigmund ordered another

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77

Riddle Of The Floating Corpse

(continued from page 39)

I have uncovered other details that lead
me to believe you have found the death
weapon.””

**Such as what?”

‘I found short, brown hairs stuck on.

the edge of the blade. There were several
more in the particles of sand. All were
human hairs. And not only that,’ the
professor continued, ‘‘but all these hairs
had roots attached.” -

*‘Which means...””

‘‘They were extracted by force, pro-
bably from a blow. Hairs which fall
normally have a shrunken root. If you
can find more hairs from the victim’s
head, I can determine if there are any
similarities.’”

The chief explained why this couidn’t
be done. The professor seemed undis-
turbed by the news.

**It might not be necessary to conduct
such a test,’” Whitney replied. ‘‘If the
neéd arises to identify the hairs in my
possession, I may find other means of
identification.” ;

As the investigation continued around
Hull and vicinity, a citizen came forward
who insisted he remain nameless. After
receiving this assurance, he asked the
chief if he was sure Edwin Riley had
told all he knew about the affair.

**You remember when the body was
first found.” the informant continued,
Riley and his 16-year-old son, David,
were among the first to view it.””

“Yes.””

“‘L was standing near them and I no-
ticed they were very disturbed when they
saw the quilt which the body was
wrapped in. The son called it to the
attention of his father and when they
moved off. I heard the son say: ‘‘That
quilt came from our place. If it should
be recognized, they'd say you killed
that man.” ‘

Reynolds asked additional questions.
He recalled that when Edwin Riley came
to the undertaking parlor to make identi-
fication, he mentioned that the quilt in
the parlor did not match the one found
wrapped around the body. The chief
knew it was not the same quilt; it was
one Patrolman Tremaine had brought in
from headquarters. Reynolds sought out
the contractor, pretending to seek further
reasons why Riley seemed so sure of the
mummified man’s identity.

After Riley repeated substantially the
same story he had recounted before.
the chief tactfully reminded that con-
tractor of the interest he had shown
in the quilt at the undertaking parlor.

40

“‘T knew it wasn’t the same quilt found
around the body,”’ the contractor replied
honestly. ‘‘The one used as a shroud
was of a log cabin design and the one at
Hingham was a ‘crazy’ quilt.””

“The log cabin design is very rare,”
the chief answered. ‘‘Have you by any
chance, ever seen that one before?”

Riley hesitated briefly. ‘‘I have,’* he
admitted. ‘‘My son recognized it first,
and then I noticed a peculiar tear in the
blue lining which had been mended, and
I knew it was the same one.”

Riiey explained that his firm, in addi-
tion to contracting, also handled the
collection of ashes and mubbish. One of
the trash collectors had brought in that
quilt the previous summer.

**My son was fascinated by the design,
and he wanted me to have it cleaned
so he could use it for his camp. How-
ever, I knew that one of my men had
been doing his best to cut corners and
had just bought a new home. So I sent
it over to him along with some odds
and ends of furniture I thought he could
use.””

‘*When was this?”

‘Early in August, I think. When he

saw the body, my son said that the quilt ~

looked like the one he wanted me to give
him. When I saw the mended rip, | knew
it was the same and told my son this.
He was afraid people would recognize
it as coming from our place, and people
would think I killed Frank.”

‘‘Would you testify in court that this
was the same quilt?"’

“Absolutely.”

“There is only one more thing I need
to know,.’’ continued the chief. ‘‘To
whom did you send the quilt?”

‘*To. the home of Frank Cusumano.”"

Lena Cusumano 4was driven down to
headquarters that night for further ques-
tioning. Reynolds greeted her at the door
when she arrived.

‘‘T am sure you can tell us all we need
to know in a few moments,” he assured
the woman. ‘‘But first, | would like you
to identify some property.””

The woman hesitated to enter the dark
room. The chief fumbled for the electric
light switch while the woman crossed
the threshold. Suddenly, the room was
flooded with light which played upon the
death quilt lying across a radiator. Mrs.
Cusumano stopped at the sight.

‘‘What have you got that here for?”
she asked, her hand clutching her throat.
Staring at the grotesque design, she
added: *‘That doesn’t belong to me."

*‘Who said it did?’ the chief coun-
tered. **But could it have belonged to
your husband?”

“No.”

‘Are you sure?”

**Yes, sir, | am sure.’” she replied.

Later, Reynolds reported this to Riiey
who insisted he was certain this was
the quilt he had given the hustand some
weeks before. ‘‘While we re on this
subject,’’ the contracter continued,
**something else happened that I forgot
to mention."”

**When I returned from Sunset Point
on the day the body was discovered,
I told Harry Marshall about it, stating
that probably the man could not be
identified.

‘*‘We were short of men that day,”
Riley continued, ‘‘and he was working
with the gang as well as acting as boss.
Ordinarily, he is a good workman, but
after hearing this news, he became so
nervous that every bit of work he did
we later had to rip out and do over.”’

*‘What motive would Marshall have
had to have been mixed up in this
affair?’ the chief asked.

**There are stories about town that he
had grown very fond of Frank's wife.”
"During the investigation. Marshall had
told the police he had spent the after-
noon bathing with Walter Mullen, an-
other boarder, whose story had already
been checked and found to be true.

Mullen had affirmed that Marshall had-

bathed with him. Reynolds now re-
questioned him.

**Are you sure Marshall went in swim-
ming with you on the afternoon Frank
disappeared?”

**Your people asked me if Frank was
in swimming with me that Sunday, and

I said yes,’ Mullen answered. “But it _

wasn't in the afternoon: he and I took
a dip in the early morning, around six,
before anyone else was up.”

Confronted with this story, Marshall
insisted Mullen was mistaken.

Chief Reynolds led Officers Tremaine,
Goodwin, and others in a search of the
dead man’s premises. In the cellar, under
a pile of boards, the officials found a
bundle of clothing including a gray shirt,
part of a bathing suit (identified by
neighbors as belonging to Frank Cusu-
mano), a piece of torn bed ticking,
and several pages of a colored comic
newspaper section. It proved to be the
rest of the mouldy section dated
September 11, which the chief had found
in the sandy grave.

Hidden in the thick shrubbery across
the street lay a discarded mattress with
a part of the top ticking torn away. The
piece found in the bundle fit into one
torn corner of this mattress. The

(continued on page 42)

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41


Ride Of The Floating Corpse

(continued from page 40)

mattress was taken to headquarters, but
not before one of the Cusumano children
asked what the police officers were going
to'do with their mattress.

“Is it yours?”’ the chief asked.

**Sure itis. It used to be on Papa’s bed,
but we haven't seen it since he went
away.”’ .

Back at his office in police head-
quarters, Reynolds studied the mattress
stretched on the floor before him. He
drew out the flat limp object he had
picked up on the northerly beach of
Sunset Point when it had slid from the
murder quilt. It was a second piece of
torn bed ticking with dark discolora-
tions, which Prof. Whitney had dis-
covered to be human blood.

The chief took this torn ticking and
matched it with the slit. It fitted per-
fectly into the missing area. He studied
it for texture and pattern, and was well
satisfied when his examination was
completed.

At midnight, Reynolds returned to
Frank Cusumano’s home. He was met
at the door by Marshall, who was still
dressed. ‘*What do you want?’’ Marshall
asked. ,

‘have come for you and Lena,”’ the
police chief replied. ‘I think you two
are responsible for Frank's death.”

*“What reason would I have for doing
that?"’ the man bluffed.

**Let’s not get into that now. I’m going
to lock you both up until I have a chance
to investigate some more.”*

This was October 16, two days after
the discovery of the body.

The search of the premises resumed
early the next morning. Reynolds was
particularly interested in a backyard
wire strung between posts and partially
hidden by tall grass. He had tripped
over the obstacle the day before and
immediately thought of the wire used
to bind the body.

Both wires were No. 10 telephone
wire, and one end of the death bindings
had. been frayed where they were cut.
The chief saw that one tip of the strung
wire had uneven ends which matched the
other ends, strand by strand. Continuing
his search, Reynolds’ persistency was
again rewarded when he uncovered other
wire similar in gauge, style, and texture
with that used to loop a weight around
the mummifted corpse.

Now, neighbors, as though sensing
the web of incriminating evidence, began
to come forward. Many thought Lena had
told conflicting stories. To one she had

42

said her husband had taken $250 and gone
off without a word; to another she re-
marked he had gone to Hingham to buy
land. Three days before the body was
discovered, Lena entered the Reno store
in Hull and said the hens had no oats
since her husband had taken their savings
and gone to Italy.

Charles L. Prescott, who lived next
door, 24 feet away, and his house-
keeper, Mrs. Celia Green, both testified
they had seen Lena and Frank go into
their house. Mrs. Green heard groans
around 3 p.m. Several days later, the
wife complained to them she had had
dreams in which she saw her husband
slashed and cut, and the police coming
to get her. The neighbors tried to assure
her by telling her she was an honest,
hardworking woman and that she had
nothing to fear.

“If the police should come for me,
and if you'll tell them what you just
said, I'll give each of you $50,’" she
told the surprised pair.

The children told the police, and later
the court, more damaging information.
Acoursia, the nine-year old daughter,
said her mother gave them each five
cents when they came in from bathing
on Sunday and told them to go out and
buy candy. When they returned, they
found Harry and their mother in the
basement. The children were told they
must not go near the room with the
sink in it on the first floor, as it was
locked.

Reynolds asked the child if she had

seen her mother or Harry with an axe -

like the one in the possession of the
police.

‘Harry had one just like it,’’ the child
replied. ‘‘He brought it into the cellar
and laid it down after telling us not
to touch it.” ;

Next, Chief Reynolds visited the
Italian colonies around Boston. Usually
secretive towards outsiders, residents
there made no effort to conceal their
suspicious regarding Frank Cusumano’s
death. Lena's own sister said Lena con-
fessed to her she had seen her husband
killed.

The web of circumstantial evidence,
painstakingly gathered by the small
town police chief, closed about the pair
who were alleged to have killed to get
the husband’s savings. Reynolds out-
lined this evidence briefly to District
Attorney Albert P. Barker. It included:

1) The bloodstained mattress,
identified as belonging to the hus-

band picked up in the woods across

from the dead man’s house.

2) The strip of ticking torn from
this mattress found near the body,
and later fitted into the missing
section of the pierced ticking.

3) The lob cabin-design quilt in
which Frank Cusumano was
wrapp~d, and which was later iden-
tified by Riley.

4) The wire bindings and loop
found on the body and which were
definitely proved under a micro-
scope to have been a part of the
wire strung around the Cusumano
house.

5) The hole found at a spot in the
sand which could have been easily
reached by the killers without
much chance of their being seen
and which experts identified as a
grave.

6) The Sunday comic supple-
ment, fragments of which were
found both in the home and in the
grave.

7) Depositions~ of children,
neighbors and relatives.

8) The rusty fire axe and the,
knowledge obtained from fire engi-
neer Hatchard that Marshall had
been employed at the fire station
during the time the axe disappear-
ed, and had access to the ladder
truck.

Lena and Harry persisted in their
denials that they were guilty of any
crime, and that the body washed up
on the beach was not that of the missing
husband.

At Medical Examiner Peterson’s re-
quest, the nationally famous medical
examiner, George Burgess McGrath of
Suffolk County, was called into the
case on October 23. In an effort to
establish positive identification, hairs
were taken from the back of-the mum-
mified man.

These hairs, together with those found
upon the axe and others from combings
on Frank’s hair brush, were split in
halves in a delicate laboratory test per-
formed by the two medical examiners.
All the hairs were found to be the same
weight, texture, and color. In the opinion
of these experts, the identity of Frank
Cusumano was scientifically established.

McGrath made a thorough examina-
tion of the H Street home. On several
carefully washed floors. he uncovered
traces of human blood. Additional blood
was discovered in the cracks of a
woman's russet shoes, identified as
belonging to Lena.

A special session of the grand jury
was called on October 26. Harry and
Lena were indicted of murder in the first
degree. Trial beganon February 13, 1911,

(continued on page 44)

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Riddle Of The Floating Corpse

(continued from page 42)

before Judge Schofield. District Attomey
Barker appeared for the Commonwealth;
defendents were represented by William
J. Coughlin of Rockland, and Thomas J.
Grady of Boston. ‘

The jury withdrew late on the after-
noon of February 25, and it was evident
they would be in all-night session. Those
who waited slept in chairs or stretched
full-length on hard settees. The jury

returned Sunday morning, 14 hours later,
with a verdict of murder in the first
degree. Mrs. Cusumanc was the first
woman to be found guilty of first-degree
murder in Plymouth County, and the
first in the state for many years.

On Saturday, June |, 191g, after ex-
ceptions had been overruled and a plea
for a new trial refused, both prisoners
were sentenced to the electric chair

by Judge Joseph F. Quinn, and they
were removed to the State Prison.

Soon after, Harry Marshall paid for
his part in the crime, but the wife's
sentence was commuted to life imprison-
ment. In 1938, after serving 38 years,
she was set free.

The present generation of Hull know
little of the historic case, but the
affair still stands in New England as
one of the most masterly examples of
circumstantial evidence ever amassed
by a single police official.

*

(Editor’s note: To protect the innocent in no way
involved in this case, the names of Edwin Riley,
David Riley, and Walter Mullen are fictitious.)

~ Tiny Trisa And The Obscene Phone Call

(continued from page 15)

empty building, lot and field was
searched. By the third day, as police
pushed the hunt for the missing
8-year-old. more private citizens got in-
volved.

Mr. and Mrs. James Thornley flew in
from their vacation and joined in on the
search for their daughter. Both parents
were questioned: and they repeated their
stories about the foul-mouthed phone
calls. The next day the police hooked up
to the Thornley phone in hopes the man
would call back. .

Local newspapers asked the residents
to report any suspicious-looking stran-
gers that might be loitering around
houses. schools. or bus stops. They got
no leads. The police were baffled because
no one reported seeing the girl leaving the
schoolyard or getting into a car with a
stranger.

*‘My daughter would never get into a
car with a stranger,’* Mrs. Thornley said.
“If she got into a car, it would have to be
with someone we knew.”

A reward account was established at
the Ocala National Bank, and donations
began pouring in from organizations and”
concerned parents. By February 5, the
reward offer had zoomed to a tidy $6,000.

Contending that their little girl had
been kidnapped. the Thornleys sat by the
phone waiting for a call for ransom. The
police had less hope. “It is quite evident
that she has been murdered,”* one officer
said. But outwardly, they put on a mask
of hope.

The locai fire department took a turn at
the helm. They went about the town tack-
ing up reward posters on every vacant
fence. building and telephone post. Signs
were displayed in the windows of most of
the local merchants. Trisa’s description
and photograph was on every poster.
Surrounding cities took up the cry, and

oo

reward posters began to flood their envi-
rons. There were over 200 leads from cal-
lers, but none of them proved out. And
then came the inevitable “prank”’ calls
that further hindered the police in their
manhunt.

All known sex offenders were rounded
up and questioned at the Ocala Police
Station. All those quacks that had been
caught making ‘‘dirty’’ phone calls, and
placed on record. were questioned. Some

were given polygraph tests upon their -

own request. Respectively. all hopes of
ever seeing that excited little girl, stimu-
lated with the thoughts of changing her
clothes and running out to play with her
school friends, vanished with the passing
of time.

The village priest noticed that his audi-
ences grew larger. and stayed longer.
Everyone was praying for the safe recov-
ery of the little girl.

Distressingly, on February 10, Mrs.
Thomley told a press gathering, ‘We
want the person or persons who have
Trisa to know that if Trisa is returned safe
we will not press charges against them.””

The police refused to comment as to
what their stand would be on this matter.
Sull no one came foreward.

The little white house with the cinder
block wall, which stood at the corner of
S.E. 6th St. and S.E. 9th Ave., was no
longer comfortable. so the Thornleys
moved to a new vicinity. In case anyone
had any news about Trisa Gail. this time
they got a listed phone number. Maybe
the man would call back... they kept the
other phone also.

On the morning of March 13, Mrs.
Thornley sat at her kitchen table drinking
a cup of coffee and looking out the win-
dow. She still had hopes that one day her
little girl would come running up the
walkway shouting, **Mommie! Mommie

—I’mhome!” Exceptfor a slowly widen-
ing sliver of light where the sun would
eventually make its appearance, the
whole world lay wrapped in a white-
morning mist. She was snapped back into
the world of reality at the loud ringing of
the unlisted telephone.

**How bad do you want your daughter
back ?"* the low-pitched voice at the other
end asked.

Her heart danced. It was the same man
who had made all the obscene calls be-
fore.

“Very badly,’’ she answered ina nerv-
ous tone.

**Would you be willing to do anything
to get her back?”

“Yes.

The man asked, in crude terms, if she
would have sex with him.

The woman slammed down the re-
ceiver and woke her husband.

Hardly foreseen at the time was the
fortunate prospect that the police had
traced the call to the house of one of the
Thomleys’ best friends and neighbors.

Aubrey Dennis Adams Jr. was a
20-year-old security guard at the Marion
Correctional Institute. one of Florida's
better known state prisons. His wife had
been a good friend of Mrs. Thornley ever
since she fell in love with little Trisa, asa
teacher's aid in the first grade.

The couple had often taken both Trisa
and her sister with them on various occa-
sions. Not since the Adams split up,
though. Not since Aubrey moved into his
bachelor apartment. Ever since then, the
Thornieys had not had a visit from him,
although Mrs. Thornley kept in touch
with Mrs. Adams.

Detective Sergeant Stephenson de-
cided to talk with Mrs. Adams before
confronting her husband. He found out
that she had filed for divorce on the very
day that Trisa Gail disappeared —
January 23.

The detective questioned her about
their personal sex life in hopes that she

(continued on page 46)

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45


—

Waa ZB ene (@) ae é
da Mass,,. 3-18-1647
3 ie Wy ey re ue
MARTI N », Mary, nange ;

MARTIN, Mary

"eeeMary Martin -— She was a grandchild of the Mayor of
Plymouth, “ngland » but in the now Colony (Mass.)-she was
but a servant girl. in the employ of a Mrs, Sourns -of- —

Boston. Unable to face the talk of her friends and Eth i

_infamy. of living in a Puritan community’ she killed her
bastard child and hid the body, At the trial, according ~
“to Cotton Mather. ..she was asked to touch
Gead child. As she. did S50, the 'hlcod
SO she confessed the whole truth.! She
“time in 16)6 2 Mary was but 22,"
vee sHANG BY THE NECK... op by Teeters and Hedblon.
Note: "PILLAR o7 SALT, Boston, 1699=ca
—MecDatie ; THE ANNALS OF MURDE
DP 2 Brass 3 19613-ps-xxcks At the Mats

came fresh into it

Ris ores

Martin hanging,....——

_

it is believed that a bungled job was done in ‘turning her
off.' This tragic young woman spake and asked "What did
they mean to do?! 'Then someone stepped up and turned

the knot of the rope backward, and she soon died,!
(Winthrop, HISTORY OF NEw ENGLAND, II, pp. 368-370,

: \
Hearn gives date as 3-18-167, citine Winthrop
: and Mather. ie

the body of her.

was hanged some ~~~

—r

se cited : by Thongs"
R, Norman University. of. Disa.
7

as

WIREGRASS/WORLD

THE DOTHAN EAGLE 7-A

Mulsya Guerriero, a Pagan, stands in the Witch Trials Memorial in Salem, Mass., Friday.
Guerriero, who describes herself as a high priestess witch, supports the drive pressuring state
lawmakers to exonerate more of those’ tried and executed as witches.

New U.S. envoy meets with Arafat,
Sharon after bombs rock Jerusalem

By NICOLE WINFIELD
Associated Press Writer

JERUSALEM — Twin car bombings
rocked downtown Jerusalem on Sunday,
as the new U.S. Mideast envoy urged the
Israeli and Palestinian leaders to imple-
ment a cease-fire and other recommen-
dations of an international commission.

The blasts, claimed by Islamic mili-

= |

was edging toward agreeing to a freeze
on Jewish settlement building after a
cease-fire.

The State Department had been initial-
ly reluctant to follow the Clinton admin-
istration’s hands-on efforts to end the
clashes that began in September, but
appointed Burns on May 21 after the
release of a report on ending the violence.

The inquiry commission, led by for-

By STEVE LEBLANC
Associated Press Writer

SALEM, Mass. — It was a
time when trembling wit-
nesses and “spectral evi-
dence” could lead to the gal-
lows.

But when Susannah Mar-
tin stood accused of “Sundry
acts of Witchcraft” during
the Salem witch trials of
1692, she defiantly laughed
at her accusers, one of whom
fell into a fit during the trial.

“Well I may (laugh) at
such folly,” Martin told her
inquisitors, according to
court records. “I have no
hand in witchcraft.”

Ten days later, Martin was
hanged on Gallows Hill.

Now, more than 300 years
after her execution, Martin’s
descendants are pressuring
state lawmakers to exonerate
her and four other women
caught up in the spiral of
fear, recrimination, and
blood that seized this town
along the rocky New Eng-
land coast.

“She was a woman who
spoke her mind. She seemed
to be quite a hardy person,”

said Craig Martin, 54, a civil
engineer who traces his
ancestry back to Susannah
Martin. “Anyone who has
been wrongly accused of
anything ... 1 can have a lot of
emotion for that.”

Twenty men and women
were hanged or crushed to
death during the witch fever,
fueled by the isolation of
colonial Massachusetts, a
deep belief in the supernatu-
ral and political feuds.

Almost as quickly as they
began, the — executions
stopped, just four months
after the first hanging.

But Massachusetts would
spend the next three cen-
turies trying to wrest a moral
out of the tale.

In 1957, the Legislature
approved a resolution exon-
erating some of the accused
witches, including “one Ann
Pudeator and certain other
persons.”

Descendants of some of
those “certain other persons”
want the names of Bridget
Bishop, Alice Parker, Mar-
garet Scott, Wilmot Redd
and Susannah Martin added
to the resolution.

Exoneration sought for Salem ‘witches’


MARTIN, Mychael, white, hanged Cambridge, Masse, 12-20-1821.

OPES ESF DEP ESA SHIA * MAMMA Ry sot

Saxduur. =

i pore;nuesy

= hoe rqeR 5 yy Wea

.

bars said a

1) he <7 "By JAY ROBERT } NASH
Gary Gilmore’ Ss downright fanatical attempts to!
have himself executed for murder recall a legion

of. U.S. criminals who, either out-of bravado, or an | 4

idea of self-retribution (or plain stupidity), insisted |
upon the final solution of the law. Many went out | |
\‘AeYet*9 -\ without demanding their execution, but their. atti-
a . tudes, their final words and actions, convinced

" journalists, historians and creck oners that their

Te

“Crime Journal

es

’ bizarre ends were nothing more than casual, al- “4

- to death in 1822 for stealing a horse, Martin stood |

"most mundane occurrences.
W, . . The earliest of these “routine” happenings in our
history was the execution of the New England
highwayman, Michael Martin, better known in

’. Saga and song as “Captain Lightfoot.” Condemned

upon a horse-drawn cart with a noose about his

neck, the other end tied firmly to the limb of a

.,, Sturdy oak outside of Cambridge, Massachusetts.
Scores of curious spectators gathered to witness

his finish. Lightfoot cavalierly withdrew a long

* piece of silk from his pocket and politely asked the » :

hangman: “When shall I drop the handkerchief?” |
“Whenever you’re ready,” replied the sheriff.

Martin studied the crowd for a moment with a

“©” smile playing about his lips and, while the enor-
mous throng gasped, raised the handkerchief on
high and let it flutter to the ground. The second the
silk touched the earth, the cart driver whipped the.

Anis

| Gilmore Not The First

Sundi {Mercury u Neus February 13, 1977

ow

ays

3 S
+ =
t

+

+4

+

$.4

ie: Goby

Fr

out of the way ‘and ran up th gallows stairs, drag-

‘, horse forward and Lightfoot dangled into eternity. \ ging the hangman after him and yelling: “Let's get

The outlaw Black Jack Ketchum met.a similar

—_—
’ April 25, 1901. His crime was train robbery.: His
Spr outlook was identical to Martin’s, but his demeanor
'- and verbal farewells were much more colorful.
‘The witnesses to Ketchum’s end were hardened

‘Westerners and yet they were shocked when he

;-~rtook the-stairs two-at-a-time, eagerly racing up- ‘~~

ward to the scaffold. As the sheriff placed the
noose around his neck, Ketchum shouted to all pre-
sent: “I’ll be in hell before you start breakfast,

fate on the gallows in Clayton, New Mexico, on -

m boys! He. then. glanced sidewa yg at. the. sheriff and i

\going! What are we stalling around for?”
“Anything you want to $

”” the executioner
aimed:

Train Robber, lack Jack Ketcham, Raced To His: Hanging In 1901 , . an

» “Yes!” Panzram spat out, grabbing ihe rope and
putting it about his own neck. “Hurry it up! I could
hang a dozen men while you’re fooling around!’’
The hangman finally kicked the trap open and
Pranzman dropped to his death.


Ses TR

oe Another cop-killer, George Appel delivered what
Can certainly be considered the worst pun in the —

now you're really going to see a baked Appel!” :
... Sing Sing was the site of Many a celebrated exe- -
cution during the.1920’s and 1930’s. The most spec- «

Phin 1981. Asp os,

_- Moments before done in his associate, and then
- turned to Warden Lewis Lawes and said: “J got a
favor to ask you.” rt Fn oe ESTES a8

Lawes ignored the request as Crowley plopped
indifferently into the chair. He was given a cigar

“hatred at the reporters Seated in front of him and -
flipped the burning cigar. into their ranks. The
_ . burning stogie hit one reporter in the forehead, but

love to mother.” Another second and he was dead. -

_trying to save his life as he awaited the gas cham:
_more, ever matched the self-destructive deter

| ‘ proclaimed murderer of at least, twenty-one pe

“himself a: cause celebre. The Society for the Ab

comes I will dance out of my dungeon and on

ouvt Gown and his head was torn from the trunk.
Others possessed Ketchum’s air of braggadocio—
murderer and jewel thief Gerald Chapman in par-
ticular. He was executed on a Connecticut scaffold _
in 1926 for killing a policeman. His final words } ss

_ | were:’“Death itself isn’t dreadful, but hanging”
Seems an awkward way of entering the adven-_

ture.” i 5

history of executions. Calmly sitting down in Sing
Sing’s electric chair, the killer smiled at the news-
men and officials. gathered in the witness pews be- _,

fore him and, a moment before the lethal -current ©

coursed through his body, said: “Well, gentlemen,

tacular was that of the 20-year-old mass killer, —
Francis “Two-Gun” Crowley, who was electrocuted -

~ Crowley’s partner-in-crime, the hulking Rudolph

“Fats”. Duringer, had informed on “Two-Gun” but
‘went to the chair anyway, only a few minutes be-
fore his leader. When Crowley sauntered into the
death chamber, he Squinted at the chair that had

Lawes nodded: “Name it.”

“I want a rag.” eh
“A rag? What for?” Se re.
~ “T want to wipe off the chair after that rat sat in

and _ puffed heartily, He suddenly hissed out his’

he. was too startled to protest. A second later, © : | a A
Crowley. smiled at the warden and said: “Give my “ shite 4
Rapist and murderer Harvey Murray Glatman,, ke @ es “@. ig:
like Gilmore, demanded that his lawyers sto a BR

ber in San Quentin. “It’s better this way,” Glatmar

said as he stepped inside the gas chamber in A

gust, 1959. “TI knew this was the way it would be.”,
No convicted murderer, however, including Giy

nation of Carl Panzram, burglar, robber and pe

ple. He was condemned in 1930 for killing a civ.
ian foreman in Leavenworth and suddenly fou*

ishment of Capital Punishment, fought to save
life with petition and pleas. The murderer wrote™#
the society: “I do not believe that being hanged’ »
the neck until dead is a barbaric or inhuman pi
ishment. I look forward to that as real pleasv '
and a big relief to me. .. when my last hc

the scaffold with a smile on my face and happin
in my heart . . . the dnly thanks you or your k
will ever get from me for your efforts on m
half is that I wish you all had one neck and thi
had my hands on'it . . . I believe the only way
reform people is to kill ’em!” ee ;
Panzram lived up to his words. On the day of
execution, September 5, 1930, he pushed specta’


CAPITAL PUNISHMENT DATA SHEET

MASSE CHa sé7 7

STATE _ INVENTORY #

ee

OFFENDER: : SOURCE OF DOCUMENTATION

NAME: Mey SUART 1 (TITLE, DATE AND PAGE#)
oC Hary hy a A¢ Ce {7

sex;

OFFENSE: MUAD“

DATE EXECUTED: 1646
COUNTY:

AGE: 22

VICTIM:
NAME:
RACE: U/
SEX:

AGE:

RELATIONSHIP + ad./
To OFFENDER: 447

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF THE
WEEK EXECUTED:

OFFENDER
RESIDENCY :

x
\

MEDIA ACCOUNT
OF CRIME:


Ann Sheridan—
George Brent

Will They Marry?

George Brent worked for five years on the
same lot with Ann Sheridan without seem-
ing to know she was alive.

Then one morning as he passed her set he

antomimed her a request that she eat with
fins. And when he failed to show up at the
Green Reom luncheon table, was she sore?

But it seems that they had their wires
crossed. Anyway that night he turned up
on her door step and wanted to know how
soon she would be ready, which is what he
had meant all the time.

Alas and alack, she had a previous en-

agement—so, no date that night, but
ater—! . a i

Many in Hollywood said the sudden
friendship between Ann Sheridan and
George Brent is just a ay, build-up.
Others said “No such thing!” Who is right?

We suggest that you read the intimate,
enlightening article about the Sheridan-
Brent romance which appears in Movie
Mirror magazine for October, and then
draw your own conclusions regarding a
situation which has had millions of movie
fans guessing for months.

The Sheridan-Brent article is only one
of a large collection of brilliant Hollywood
features that make Movie Mirror for Oc-
tober one of the most entertaining and in-
formative that has yet been published. Get
a copy today and wonder at the grand value
you receive for the single dime you pay.

FASCINATING MAP
OF HOLLYWOOD

How would you like an illustrated map ot
Hollywood showing where the stars live, work,
play and hold their parties? Movie Mirror has
a limited supply of sen of Hollywood drawn
by the famous artist: Russell Patterson, 14” x
22”, beautifully printed in two colors. While
they last readers of Moyie Mirror can secure
them for only 10¢ each (coin or stern) Ad-
dress all requests to Movie Mirror Hollywood
Map, Dept. DG10, P. 0. Box 556, Grand
Central Station, New York, N. Y.

movie

rR R OF R

never take to the highway again.”

Thunderbolt laughed, saying, “To be sure
we can get a living in this noble profes-
sion, but money is not worth much to us
if we can’t spend it.”

Not long after this conversation Captain
Thunderbolt tired of posing as a physician
and the pair again turned to highway
robbery, They journeyed to Scotland and
on arriving in Glasgow found accommoda-
tions in an inn on the outskirts of the
city where they remained for four or five
days drinking and spending money freely.

When they started out to resume their
nefarious occupation, they found poor
pickings among the canny Scots, and de-
cided to return to Ireland.

With this purpose they began a search
of the quays for a vessel:that was bound
for that country. One night shortly after
midnight, they found a smack anchored
at a wharf with two men on board asleep.
The rascals awoke them, menaced them
with pistols, and ordered them to make
sail at once for Ireland. It was a bright
night, the wind was fair and the ‘little
fishing vessel arrived safely at Bangor.
From here the ruffians made their way
toward Dublin, breaking into a stable en
route and obtaining two fine horses.

In the capital city they stayed at an
inn where Thunderbolt was known, keep-
ing under cover in the daytime and plying
their evil trade at night,

BY this time they had acquired the sum

of 140 pounds which they split equally
between them. One day while passing
the Bank of Ireland, Captain Lightfoot
observed two men emerging carrying care-
fully wrapped packages, which they de-
livered to the driver of a waiting stage
bound for Kilkenny,

Surmising that the contents were valu-
able, Lightfoot relayed this information to
Captain Thunderbolt with a proposition
that they go out, overtake the stage and
steal the packages.

The astute Thunderbolt, however,
couldn’t see it. It was too hazardous, he
objected, to hold up a stage-coach in the
daytime. Not alone were there sure to be
many passengers, but there were also
many travelers on the road who might
identify them and start a pursuit.

Captain Lightfoot, disgruntled, decided
to try the experiment alone. About four
miles from Dublin he overtook the stage
and as the rear of the vehicle was closed
he had no difficulty in climbing up and
cutting the straps which bound the boxes
on behind. He pulled out one after an-
other and dropped them on the road,
finally reaching the packets he sought.

He then dropped from the stage and
went back to examine his booty.

OCTOBER ISSUE NOW ON SALE
74

nea Mone Coenen

ORE eS

He collected from the packages only
nine pounds in gold, silver and paper. And
the trunks were of little value to him, as
they were filled with clothing which he
could not wear.

When he returned to the inn, the land-
lord informed him that Captain Thunder-
bolt had gone out but would soon be back,
After impatiently awaiting his return for
several days, Lightfoot left for Donny-
brook Fair, less than two miles from the
city. Here, after enjoying the sports for
a time, he appropriated a jaunting-car and
for four days traveled about the country,
finally selling the outfit and returning to
Dublin on foot.

On the way he held up a pedestrian and
robbed him of a sum of money and a dia-
mond pin.

Thunderbolt was still absent and Light-
foot again started out alone, this time
robbing no less a person than the Lord-
Lieutenant of Ireland, from whom he ob-
tained a diamond snuff-box and a roll of
twenty-pound bank notes,

Lightfoot, however, missed the compan-
ionship and advice of his accomplice and
he realized, too, that he was “hot” in Ire-
land, where rewards for his capture almost
epee those offered for the apprehension
of Captain Thunderbolt. He decided to
try his luck in America.

On April 12th, 1819, he entered his name
as a passenger on the brig, Maria, Captain
Condin, which was to sail from Waterford
direct for New York the next day. His
name, he told the captain, was Michael
O’Hanlan.

It was a rough passage and water and
provisions were running short so Condin
announced that he would make the first
port available, probably St. John, New
Brunswick, or Halifax, Nova Scotia.

This plan did not meet with Lightfoot’s
approval. For obvious reasons he had no
desire to ever again enter the British do-
minions. When he found that the master
of the Maria was not to be dissuaded from
his avowed purpose. he induced the crew
to mutiny and by threats compelled him
to put into the first American port, which
proved to be Salem, Massachusetts.

More than two months had been con-
sumed by the voyage owing to the rough
weather and it was June. 17th when the
brig docked at Salem. Many passengers
were ill with a contagious disease and the
boat was quarantined, but one night Light-
foot evaded the guard and reached the
shore.

He got work as a farm hand with one
E. H. Derby and remained in this man’s
employ for a little more than a year, after
which he drifted to Portsmouth, New
Hampshire.

In Portsmouth he borrowed a horse and

On this road at Medford, Massachusetts, Captain Lightfoot
held up Major Bray and a lady

chaise from a Mr. St
Canada. On the wa
hand in, he lifted se\
Connecticut pedlar
knocked on the h
save his money.

On reaching the ~.
foot sold the horse
“borrowed” for $163
a letter from Capts
warded from Ireland
captain said that he
foot’s departure fro
York and that he h:
Indies, where he wa
under a fictitious na!
honest business and
tended to travel th

path.

Lightfoot also rece
brother informing
death and enclosing»
about $400, which !
to him. This he |
drinking and gambli
suit of Quaker’s «
brimmed hat which
carrying his other ]
for Three Rivers, e)

HEN he had «
five miles, he
gentlemen in a calas
carriage) and haltin
he asked politely:
give me the time 0!
One of the men
an elegant gold wat
a pistol, cocked it
me that watch and :
or you will both los
The victims har
dollars as well as
jewelry, Toward |
old gentleman ridi
from him thirty-fi
he slept at an in
arrived at Three |
He remained hi
early the next mo
treal. At Pointe .
miles away from
countered a youn
on a handsome
cane-sword and
man through un
uickly.
The youth had «
in an old purse.
Lightfoot then d:
ordered him to dis
“This is not my
it,” protested the
lose my reputatio)
“Well, it’s bette
reputation than y'
foot. “Get down
As he hesitated
over his head
scrambled down, !
highwayman then
on the horse and
short distance he
the woods where
disguise and don
At Montreal hi
House and for a
procedure of ©
When he had s«
headed for King
miles distant. _
twenty miles of
he met an Ind:
sive gold ornam¢
hand over the o
spurs to his ste
“He could ru
horse,” declare
relating his ad
set up the Indi:
few minutes the
pursuit of me.

OCTOBER, 1940


"Mia

RS OF THE SLAIN
{DERELLA

arriage and horses, she
ring, and she wore red
a slipper was missing
ound her body.

sought the Prince
had accompanied this
A fairy
into a grim, weird mys-
ife. You'll find it in
MASTER DETE

her last ride.

OF THE SLAIN

ed him! You've killed
llector’s face was white

and hand over those
in man clipped. His
ed. But the collector
! at the armed bandit.

ool!” the killer snarled.

the revolver spat fire

ighlight story of next
ER DETECTIVE. Don’t

OF DISASTER

two girls, young and
ccent-looking. Yet they
to stage a series of
cked the nation. Who
rls were, and how they
rm their “Unholy Four-
questions that baffled
ths. Don’t fail to read
irn in November Mas-
2, on sale at all news
16th.

ile Subject to Change)

LLEN, NEW JERSEY
| Street, New York City
chiller, Advertising Directo:
eniry at New York, N. Y.
wfoundland; $2.00 per_ year
hn Honduras, British, Dutch
Bride Lane, London, E. C
nuscripts, photographs and
any losses of such matter
likeness of, nor to depict.

Propiedad Intelectual.

MASTER DETECTIVE

(Continued from page 1)

indicating muscle and strength. His face
was strong rather than handsome, sug-
gestive of a forceful character, and his
most striking features were his dark,
expressive eyes indicating a high order
of intelligence.

With the card-sharp in possession of
all the cash in sight, the one-sided game
ended and the ministerial observer slid
into the seat of one of the players.

“Have a drink, young fellow.”

The youth who had been manipulating
the cards seemed flattered at the invita-
tion. He had noticed the stranger’s in-
terest in the game and had been im-
pressed by his commanding appearance.
There was nothing inconsistent about
this offer of a libation from one of “the
cloth.” It was not uncommon for the
clergy inwthat part of the country to
imbibe oceagionally.

“Tl have a drop of brandy, thanks
to your Reverence.”

Under the influence of the fiery liquor,
the young man became loquacious. His
baptismal name, he said, was John
Martin, but he was commonly known
as Michael Martin.

“¥ OU’RE a wild young fellow, fond of

spending money and you are not par-
ticular how you come by it, I fancy,”
said the older man.

“Not if it doesn’t cost me too much
trouble.”, Then suddenly the youth in-
quired in the Gaelic tongue: “How many
buttons have you on your coat?”

His new acquaintance made no reply.
He merely looked surprised at the ir-
relevant query and Martin then repeated
the question in English. Still there was

no response. He then placed the
forefinger of his left hand to his hat
several times, but the sign apparently
met with no recognition.

Martin had given his companion the
great watchword and sacred sign of the
Ribbon-Men, thinking that he might be
a member of that order, since clergymen
and pseudo priests had sometimes joined
the organization for the purpose of be-
traying its plans to the government, but
he was now sure that his host was not
one of them.

Skilfully, the quiet-mannered gentle-
man drew from the young man the story
of his early life and, because of the im-
portant part he plays in this strange
story, it is essential that these facts
should be given to the reader.

Martin told his questioner that he had
been born in Connehy Parish, Ireland,
on April 9th, 1795, of respectable
parentage. At an early age he had
started on a career of crime. From an
unscrupulous mechanic he had obtained
a master key with which he could open
trunks and drawers. He began by steal-
ing small sums from his relatives.

In 1812, when he was seventeen,
Martin had run away from home and
joined the United Irishmen, an illegal
association, better known as the Ribbon-
Men.

The avowed objects of this society
were to redress the wrongs of the
Emerald Isle and to oppose the govern-
ment of England. Its members had

signs, grips and passwords and _ their
meetings were held in secret and in
secluded places.

(Continued on page 73)

The highway robbery of Major Alfred Bray by Captain Lightfoot, as shown
in an early print

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(MASTER DETECTIVE, Octeber, 1940

THUND

BY GILBERT M.

2 John Wilson,

the physician who
was suspected of
being the notori-
ous Captain
Thunderbolt

“

TAND and deliver, you rascal, or
I'll blow your head from your
body! Quick, or you’re a dead
man!”
The man accosted, mounted on a
superb steed, promptly drew rein, for
the command was emphasized with a
brace of brass-bound pistols pointed at
his heart. Not only that, but the formula
was that of the notorious Captain
Thunderbolt, a name which had struck
terror to the hearts of countless victims.
With tremulous fingers the traveler
handed over a well-filled purse.

“Now sir, dismount! I'll have to put
you to the trouble of walking. I want
that fine horse you're riding.”

Again the hapless victim complied
with the peremptory’ order. With the
agility of an athlete the brigand, dis-
daining the stirrup, leaped into the sad-
dle and, waving his hand in ironical
salute, galloped swiftly away.

The encounter had taken place near
Glengariff in Ireland on the road be-
tween Bantry and - Kenmare, and

OcToBER, 1940

CAPTAIN

ERBOLT

BARTLETT

throughout the Emerald Isle Captain
Thunderbolt’s “Stand and Deliver!”
order with its ominous ultimatum was
almost a household phrase.

That night in the tap-room of Roche’s
hotel in Glengariff a game of “Honest
Quaker” was in progress. Among the
players was a young man of twenty or
thereabouts who had in front of him a
rapidly increasing pile of shillings, flor-
ins, a few crowns and an occasional
sovereign.

He was stacking the cards, dealing
from the bottom and holding out, but
although his cheating was inexpertly
done it aroused no suspicion in the
minds of the yokels who were being
robbed.

An interesting observer of the crooked
game was a gentleman in clerical garb
who had watched. the youth’s crude
manipulation of the cards with amused
tolerance. “He was a man of fine phy-
sique, standing six feet, one inch tall
and admirably proportioned, his build

THEY CALLED HIM
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(Continued on page 3)

No Brush « No Lather * No Rub-In

1


s away on this call,
tectives, working in
ispector Shea, went
ad got the names of
with whom he had
They also found
purious letters, which
y retained in order
he had left off and
fore in his dealings
ietim,
. Steffens again saw
vhite hair when he
r_the Scientific Re-
This time the man
like to have a talk

ched the crook into
fice building. There
hard when he saw
om, Mrs. Johnson,
1 six other victims
s! It had been the
son, of all people,
‘e the smart thing.
local police in her
had told her to go
on Service in New
olded her story to
rovernment official
1 it as part of a
‘me, and he figured

He trailed Steff-

the man’s dupes,
as quickly as pos-
‘an gave a descrip-
iusband, and Shea
~* the man behind

ureau, he imme-

1e the rogue was

trial for using the
tore Federal Judge
ork. His amazing
work of Inspector
before he had laid
money, although
’ just in time to
otic nature.
€ woman in New
when she did, and
two elapsed, it is
Id ever have been
he made a big
> his whereabouts
ndoned post-office

nany of the ladies
ed refused to ap-
: of the embarrass-
and due in large
the man’s racket
re he really got
ff with two years
And more than
sadder but wiser

Ly
'ERMEN,
ICLALS
TIVES
nd any fact |
‘+hotographs, |
for publica- |
zine, please |
tr, MASTER |
ast 42nd St., |
ind ask for |
iggestions,”
nation rela- |
‘counts of
this mag-

{ASTER DETECTIVE

Captain Thunderbolt

(Continued from page 3)

Many were of the better class and were
actuated by patriotic motives, but there
was also in the organization’s ranks a
rabble who used membership in the order
to further its-own selfish interests, which
were frequently outside the law. In this
class was young Martin.

The next morning, although he had re-
tired considerably befuddled and with a
vague idea that his loose tongue had dis-
closed too much, he awoke as sober as a
judge, and as he glanced from the window
of his chamber, overlooking the pictur-
esque Bantry Bay, he observed the en-
gaging stranger of the previous night evi-
dently about to depart from the inn. A
hostler was bringing around his horse, a
magnificent, blooded steed and Martin
raised the window and called to the man
to wait a bit.

Getting into his clothes quickly, he paid
his reckoning and rushed outside to speed
the departing guest.

“AND where might you be going, me
fine bucko?” inquired the man smil-
ingly as he sprang into the saddle.

“To Kenmare,” replied Martin.

“And on foot? It’s a stiff walk for you,
lad. Well, I’m traveling in the same di-
rection and I’ll be glad of your company.
If you become foot-weary, you may ride

“my _ horse.”

For several miles the pair traveled along
in this manner until, on coming to an
inn, the fascinating stranger suggested that
they stop and refresh themselves.

Martin, however, demurred. Caution was
one of the words, he had learned in the
secret society he had joined and he was
becoming somewhat suspicious at the un-
usual interest displayed in him by his
casual companion. It occurred to him that
the Jatter might be an Orangeman in dis-
guise, with designs on his life.

His reluctance was evidently interpreted
correctly for the stranger reassured him
with a disarming smile. “Come in, anyhow,
till we smash a bottle of brandy,” he said,
and Martin followed him into the bar-
room.

During the ceremony of “smashing the
bottle of brandy” the stranger paused for
a moment and regarded Martin quizzically.

“Martin, me laddiebuck,” he said, finally,
“have you not yet discovered my. iden-
tity?” and as Martin shook his head, he
concluded, “I am a highwayman, if I may
say so, a noted highwayman. I am Cap-
tain Thunderbolt.”

Martin’s face indicated his astonishment
at the revelation. His jaw dropped and
with mouth agape he stared at the smiling
bandit. Captain Thunderbolt, for whom
Ireland had offered 5,000 pounds dead or
alive! Scotland had offered a like amount
and England had doubled the amount.
And now this man, much wanted through-
out the British Isles, was sitting opposite
him.

But again the strange character who
seemed able by some uncanny means to
read his mind smiled as he sipped his eau-
de-vie. “No, Martin, you won’t turn me
in for the rewards,” he said. “You must
stay with me. I cannot part with such a
clever fellow.”

Speechless, Martin continued to stare
at him, fascinated by his effrontery in thus
frequenting public hostelries in a locality
which .knew him  best—when capture
meant death on the gallows.

Although not yet thirty years old, Cap-
tain Thunderbolt had the reputation of
being the boldest highwayman since the
days of Robin Hood and, like that tradi-
tional outlaw, he professed to rob the rich

ocroBer, 1940

and give to the poor—an antisocial philos-
ophy that has brought many of its adher-
ents to the gallows or the electric chair.

His real name was John Doherty. He
was born on February 9th, 1784, in the
hamlet of Muirkirk in Scotland, about
twenty-five miles southeast of Glasgow,
the son of an honest and highly respected
blacksmith. The father was too poor,
however, to give his son the medical edu-
cation he craved and again may I remind
the reader to keep in mind this desire on
the part of John Doherty for the career
of-a physician.

Martin, after considering the proposal
of Captain Thunderbolt, elected to remain
with him.

“Well spoken, me lad. Now we'll have
to find a name for you. I'll have to give
you a title. Let me see. I have it.”
Thereupon he threw a glass of brandy in
Martin’s face and christened him “Captain
Lightfoot.”

Captain Thunderbolt, after naming his
companion, presented him with a double-
barreled brass-bound pistol. “Lightfoot,”
he said, “only put on fine clothes, have
plenty of money in your pocket, swagger
a good deal, but say nothing, and you may
pass through the world as a great man.”

Under Thunderbolt’s tutelage, Martin
soon became an adept at robbing travelers
on the highway, relieving them of their
money and jewelry and, when he needed
them, the horses they rode.

The infamous partnership had existed
for about a month when one day the two
rascals rode boldly into the city of Cork
and signed the visitors’ book at the Im-
perial Hotel, the leading public house, and
engaged quarters for the night.

For several days they remained there
drinking and carousing and then de-
camped on foot for Doneraile, a town
about twenty miles to the north. How-
ever, when they read in the barroom of
the inn a complete description of them-
selves and the notice of a large reward for
their arrest, they immediately left. They
had proceeded but a short distance from
the inn when they were seen by a company
of soldiers, who fired on them.

ONE ball struck Captain Thunderbolt in
the calf of his leg, which impeded his
further progress, However, the two man-
aged to elude the pursuing soldiers and
concealed themselves in the woods,

Thunderbolt had a smattering of medi-
cine and surgery. In fact’ he spent most
of his time when not engaged in robbery
in studying books pertaining to those sub-
jects. He directed Captain Lightfoot to
cut the ball from his leg with his pen-
knife.

“T can afford to lose a little blood,” he
said, “but cut as near the lead as you can.”

Martin succeeded in extracting the bul-
let, but the work was crudely performed
and Thunderbolt bled profusely. Stoically,
he bound up the wound. He eventually
recovered, but the unskilful operation left
an ugly scar. Moreover, always thereafter
he walked with a slight limp.

Captain Thunderbolt then assumed the
role of a traveling physician with Martin
as his assistant. He had supplied himself
with a variety of quack medicines and was
successful in picking up a good bit of cash

from credulous patients, for he was a flu-

ent and convincing talker,

He was moderately successful in treating
his patients, as most of the ills from which
they were suffering responded to simple
household remedies. Captain Lightfoot
said to him one day, “This is a good busi-
ness and I’d rather go on in this way and

LONG

SHOT

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tects your car all winter long.

You’re safe—and you know it!

SEE PAGES 53-60

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73

the packages only
ver and paper. And
e value to him, as
clothing which he

the inn, the land-
Captain Thunder-
ould soon be back.
‘ing his return for

left” for Donny-
vo miles from the
ing the sports for
’ Jaunting-car and
ibout the country,
and returning to

) a pedestrian and
money and a dia-

ibsent and Light-
alone, this time
on than the Lord-
om whom he ob-
0x and a roll of
ssed the compan-
* accomplice and
was “hot” in Ire-
is Capture almost
the apprehension

He decided to

entered his name
«. Maria, Captain
from Waterford
ext day. His
was Michael

and water and
short so Condin
make the first
St. John, New
va Scotia,

with Lightfoot’s
isons he had no
the British do-
that the master
dissuaded from
duced the crew
compelled him
can port, which
achusetts,

had been con-
ig to the rough
17th when the
[any passengers
disease and the
me night Light-
id reached the

hand with one
{ in this man’s
an a year, after
‘tsmouth, New

ed a horse and

CER DETECTIVE

chaise from a Mr. Stacy Hall and fled to
Canada. On the way, just to keep his
hand in, he lifted seventy dollars from a
Connecticut pedlar, who resisted and got
knocked on the head for his efforts to
save his money.

On reaching the city of Quebec, Light-
foot sold the horse and chaise he had
“borrowed” for $163. There he received
a letter from Captain Thunderbolt for-
warded from Ireland. In this letter the
captain said that he had learned of Light-
foot’s departure from Ireland for New
York and that he had gone to’ the West
Indies, where he was comfortably settled
under a fictitious name, was engaged in an
honest business and that hereafter he in-
tended to travel the straight and narrow

path.

Lightfoot also received a letter from his
brother informing him of his father’s
death and enclosing a bill of exchange for
about $400, which had been bequeathed
to him. This he quickly dissipated in
drinking and gambling. Then, donning a
suit of Quaker’s clothes and a broad
brimmed hat which he had purchased, and
carrying his other possessions, he set out
for Three Rivers, eighty odd miles away.

WHEN he had covered about twenty-
five miles, he met two well-dressed
gentlemen in a calash (a light, low-wheeled
carriage) and halting them with a gesture,
he asked politely: “Will thee please to
give me the time of day?”

One of the men immediately displayed
an elegant gold watch and Lightfoot drew
a pistol, cocked it and demanded: “Give
me that watch and all the money you have
or you will both lose your lives.”

The victims handed over about forty
dollars as well as the watch and other
jewelry. Toward evening he held up an
old gentleman riding horseback and took
from him thirty-five dollars. That night
he slept at an inn and two days later
arrived at Three Rivers.

He remained here only one night and
early the next morning started for Mon-
treal. At Pointe du Lac, about a dozen
miles away from Three Rivers, he en-
countered a young Frenchman mounted
on a handsome bay horse. He drew his
cane-sword and threatened to run the
man through unless he gave up his money
quickly.

The youth had only about three dollars
in an old purse, and after receiving it
Lightfoot then dropped his weapon and
ordered him to dismount.

“This is not my horse. I just borrowed
it,” protested the Frenchman, “and I'll
lose my reputation unless I return it.”

“Well, it’s better for you to lose your
reputation than your life,” advised Light-
foot. “Get down.”

As he hesitated, Lightfoot fired a shot
over his head and the young man
scrambled down, begging for his life. The
highwayman then took Lis spurs, jumped
on the horse and was off. After riding a
short distance he alighted, and went into
the woods where he removed his Quaker
disguise and donned his former clothing.

At Montreal he put up at the Mansion
House and for a week followed his usual
procedure of drinking and_ carousing.
When he had sobered up sufficiently, he
headed for Kingston, Ontario, nearly 200
miles distant. He had covered about
twenty miles of the long journey when
he met an Indian chief, wearing expen-
sive gold ornaments. He made the warrior
hand over the ornaments and putting the
spurs to his steed continued on his way.

“He could run nearly as fast as my
horse,” declared Captain Lightfoot in
relating his adventures later, “and he
set up the Indian halloo as he ran. In a
few minutes there were twenty Indians in
pursuit of me. However, I outran them.

ocroper, 1940

I came to a river where the current was
too rapid for me to cross, While I was
deliberating, resting on the bank, I saw
the Indians coming through the woods.
One of them in the lead reached me
before I could get astride my horse. He
had a big rock in his hand which he hurled
at me, It missed me and he stooped to
pick up another. Other Indians were
coming up and I fired at the leader, who
dropped to the ground. Whether I killed
him or not I never knew. I ran along
the bank of the river at top speed.

“I came to St. Johns where I rested for
two days and then went to Isle Noir, but
found there were no pickings there so I
went on to Kingston where I remained
for four days at a respectable inn. I then
went back to Montreal and on the road I
saw many advertisements which described
my person and horse, offering a reward
for my capture.

“T left Montreal, hastily crossing the
St. Lawrence to the American side, then
went to Burlington, Vermont, where I
put up at a large tavern. In the tap-
room I saw a big placard describing me
exactly and I noticed that several people
were eyeing me closely. I walked slowly
out of the back door and then quickly
took to my heels through the woods. I
did not stop until I had run for nearly
an hour. I thought it prudent to leave
my horse behind me and I avoided the
public roads as much as possible, dodging
into the woods when any one approached.

“J slept in barns and obtained food in
obscure houses. I finally arrived at
Enfield, New Hampshire, without detec-
tion. The long walks had almost ex-
hausted me and I determined to get me a
horse if possible. I moved on toward
Concord, New Hampshire, keeping a look-
out for one I could acquire by some
means.

‘T WAS unsuccessful and then I decided
to go to Boston, where I had no doubt
I could find something. From there I
thought I would sail for the West Indies
- A as my old friend, Captain Thunder-
olt.

“At Boscawen I got something to eat at
a farmhouse and remained there until
evening when I set out on the road to
Concord. In a few minutes a man on
horseback came along and I stopped him.

“Who are you?’ he demanded, inso-
lently.

“T am Captain Thunderbolt from
Scotland,’ I answered, presenting my
pistol, ‘and I want your money or your
life.’

“He gave me all his money as well as
his patie book and papers, begging that
I should not hurt him. He was riding a
pretty good horse which I mounted, bade
him goodnight and rode off. I did not
stop until I reached Londonderry where
I stayed for some hours to rest.

“J continued on through Salisbury,
Newburyport, Ipswich, and so to Beverly,
which I reached late at night and went
to bed.

“Early in the morning I left for Salem
and visited with some friends who worked
in Crowninshield’s factory and then
started for Boston, reaching there about
noon.

“In the afternoon I mounted the horse
and started for Medford which I was told
was only six miles away. I had under-
stood that there was to be a big dinner
party in Medford given by Governor
John Brooks, and as there were likely to
be some good pickings among the guests,
I thought I would be on hand.

“After sundown I walked leisurely about
in the direction of the Governor’s house,
keeping a bright look out for likely pros-
pects. Many people passed but they were

(Continued on page 77)

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75


s, remarking: “I am
ive not followed the
istructions I received
done so, I would not
> on the gallows, I
ity God will remem-
y and that my soul

Him who suffered

thout revealing the
n who had provided
‘e trom the dungeon,
re convinced that it
one person—Captain

' a certainty that
had arrived in the
ie West Indies, and
v believing that he
w England.
the extreme penalty
hunderbolt was. still
ngland was alarmed,
ror inspired by the
name. As evidence
notorious brigand
I am citing one of
idely distributed at

hereby informed
Captain Thunder-
»herty, for whom
any thousands of
offered abroad, is
states,

and lieutenant,
-aptain Lightfoot,
oringfield, Massa-
1 robbed at pistol
‘ajor Alfred Bray.
zed for this crime

MASTER DETECTIVE

The jail at Lachmere Point, Cambridge,

Massachusetts, where Captain Lightfoot

paid the extreme penalty for his many crimes

in Cambridge on December 20th of
the current year. Thunderbolt, how-
ever, is still at large.

Citizens are therefore requested not
to travel at night except with arms or
armed guards and are to report at
once to local authorities any word of
the appearance of this infamous high-
wayman.

Do not offer resistance to this man.
He will be carrying two brass-bound
pistols and will fire at a word. Keep
your homes and shops barred be-
tween the hours of 6 P.M., and 7 A.M.

Do not answer knocks from travelers
after dark. Innkeepers are especially
warned to report any suspicious char-
acters or actions in their establish-
ments,

It will be recalled that at the first
meeting of Thunderbolt with young Mar-
tin, whom he christened Captain Light-
foot, Thunderbolt had been attired in the
garb of a clergyman. Police believed that
it was in this guise that he gained admis-
sion to Lightfoot’s cell in the Cambridge
jail and provided him with the means of
escape,

Every unsolved highway .robbery was
attributed to Captain Thunderbolt and
while he was doubtless innocent of some
of them, there was one which seemed
characteristic of what was known of him.

NE evening just at dusk a tall, stur-

dily-built man appeared at the door of
a small farmhouse on the outskirts of a
New England village and asked for a drink
of milk. The farmer eyed him curiously,
for his face was almost entirely obscured
by a heavy muffler.

“Well, stranger, you’re welcome to a
glass of milk but I guess it’s the last one
you or anybody else will get from me.”

He went back into the house and came
out with a milk pail and glass telling his
uninvited guest to help himself.

The man drank eagerly and having
quenched his thirst he asked:

“Why do you say this is the last milk
any one will get here?”

The farmer emitted a deep sigh. “The
man who holds a mortgage on my farm
is coming tonight to collect it. Unless I
pay it he will foreclose tomorrow, The
amount is $165 and in spite of rigid
economy all I have been able to save
is $60.”

The stranger counted out $115. “Pay
off your mortgage. This will leave you
with $10. Good night.”

“But, who——”

“Neyer mind. I like to help people in
distress.”

A couple of hours later the farmer’s
creditor appeared and to his surprise
received the amount of the mortgage. He
signed a receipt and crawled back into his
buggy and whipping up his horse was

OCTOBER, 1940

soon rattling off in the gloom. He had
not proceeded far, however, when a
ee figure on horseback blocked his

*tSiand still, you rascal, or I’ll blow
your head from your body. Give me your
purse!”

The man passed over an old leather
wallet containing the money he had just
received from the farmer.

“Now begone, you scoundrel,” ordered
the robber, “and let this teach you to be
easier on honest men,”

Police issued a new batch of circulars
offering a reward for the capture of Cap-
tain Thunderbolt, but no trace of him
was found.

ATE in the summer of 1821 a medical

student giving his name as John Wilson
arrived in Dummerston, a hamlet of less
than 500 inhabitants in Windham County,
Vermont. In the fall he was engaged to
teach the district school, which he did to
the satisfaction of everybody.

The Vermont farmer-folk, though, re-
garded him as “peculiar.” He declined
all social invitations and after school hours
spent his time in pursuing his medical
studies.

That he possessed more than ordinary
talent was at once apparent. He was well
versed in science and displayed knowledge
of the works of the best authors as well

as of the poets, his favorite being Robert |

Burns, whom he often quoted.

A couple of years later, Mr. Wilson
removed to Newfane and began the prac-
tise of medicine. It was not long before
he had built up a lucrative practise for a
country doctor, He was successful in his
treatment of various diseases and soon was
acclaimed for his professional skill and
also for his devotion to his patients,

His practise was soon extended to ad-
joining towns and he was frequently called
in consultation by other physicians and
his diagnoses were invariably correct.

In one notable case of pulmonary con-
sumption that Had been abandoned as
hopeless by other doctors, he had suc-
ceeded in restoring the patient to health.
This added greatly to his reputation.

A few years later, Dr. John Wilson left
Newfane and settled in the thriving town
of Brattleboro where he erected a hand-
some residence on the banks of the beau-
tiful Connecticut River. There he married
an estimable young lady, the daughter of
one of the town’s leading citizens.

His reputation as one of Vermont’s
leading practitioners had preceded him,
and in a short time he had worked up a
large practise. His eccentricities, fre-
quently amounting to phobias, however,
were the subject of comment as they had
been in the smaller towns of Dummerston
and Newfane. Among his peculiarities
was a distinct aversion to the law.

Once he brought suit against a patient

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brought down his heavily manacled hand
on his head with a. violent blow which
knocked him unconscious. The prisoner
then quickly divested himself of his
fetters and emerged from the dungeon
and the jail.

The gate at the entrance to the jail
yard was of thick double boards trans-
versely placed and strongly nailed. Light-
foot threw his whole weight against it,
running some distance back to lend force
to the blow. Four times he leaped des-
perately at the barrier, without success.
The fifth time it yielded and he ran
through a barnyard in the rear of the jail
and scaled a fence beyond which was a
cornfield.

Cooledge, who soon recovered conscious-
ness, followed in quick pursuit. Several
men who had rah, to stop the escaping
prisoner were knocked down, but the
turnkey grappled with him and he was
returned to the jail. He had gained only
about 300 yards when overpowered.

An investigation disclosed that he had
filed off his chains with a file and a knife
which he had converted into a saw. How
he obtained these tools he refused to
reveal.

Returned to the dungeon he was bound
to the floor with a much larger and
stronger chain, and in addition he was
handcuffed. Henceforth he was closely
guarded and the door of the dungeon was
never opened except in the presence of
several guards,

On Thursday, December 20th, 1821,
John Martin, internationally known as
Captain Lightfoot, highwayman, was
hanged at Lachmere Point, a short dis-
tance from the Middlesex County jail.

Prior to his execution, Lightfoot re-

pented of his offenses, remarking: “I am
truly sorry that I have not followed the
moral and religious instructions I received
in my youth. Had I done so, I would not
have ended my days on the gallows, I
hope that the Almighty God will remem-
ber my sins in mercy and that my soul
may be redeemed by Him who suffered
for me.”

Lightfoot died without revealing the
identity of the person who had provided
the tools for his escape from the dungeon,
but police officials were convinced that it
could have been only one person—Captain
Thunderbolt.

It was known for a certainty that
Captain Thunderbolt had arrived in the
United States from the West Indies, and
there were reasons for believing that he
was somewhere in New England.

Lightfoot had paid the extreme penalty
for his crimes but Thunderbolt was still
at large and all New England was alarmed.
so great was the terror inspired by the
mere mention of his name. As evidence
of how dangerous the notorious brigand
was considered to be I am citing one of
the police circulars widely distributed at
the time.

All citizens are hereby informed
that the desperado, Captain Thunder-
bolt, alias John Doherty, for whom
rewards totalling many thousands of
pounds are being offered abroad, is
now in the United States.

His accomplice and lieutenant,
John Martin, alias Captain Lightfoot,
was captured in Springfield, Massa-
chusetts, after he had robbed at pistol
point in Medford, Major Alfred Bray.

Lightfoot was hanged for this crime

This old print, proving crime does not pay, gives an
early artist’s conception of the once daring highwayman,
Captain Lightfoot, as a condemned prisoner i

ha

Vie

MASTER DETECTIVE

The jail at Lachm

in Cambridge on
the current year.
ever, is still at 1:

Citizens are the
to travel at night
armed guards an
once to local autt
the appearance of
wayman.

Do not offer res
He will be carryi
pistols and will fi
your homes and
tween the hours c

Do not answer k
after dark. Innk:
warned to report
acters or actions
ments.

It will be recal
meeting of Thunde
tin, whom he chri
foot, Thunderbolt |
garb of a clergymal
it was in this guise
sion to Lightfoot’s
jail and provided |
escape.

Every unsolved
attributed to Cap
while he was doub
of them, there w
characteristic of w)

O*E evening ju:
dily-built man
a small farmhouse
New England villag
of milk. The farn
for his face was al
by a heavy muffle
“Well, stranger,
glass of milk but }
you or anybody ¢
He went back ir
out with a milk p
uninvited guest t«
The man dran
quenched his thn
“Why do you s
any one will get |
The farmer em)
man who holds a
is coming tonight
pay it he will for
amount is $165
economy all I h:
is $60.”
The stranger cc
off your mortgag
with $10. Good 1

“But, who——”

“Neyer mind.
distress.”

A couple of h
creditor appearec
received the amot
signed a receipt a
buggy and whip

OCTOBER, 1940


it true tales of

ctober issue of

°c among fact
today.

Issue

Brunette Decoy
Millions @ The
uth @ Crypt of
‘meo (an historic
1ond Buccaneers
ire @ Cancelled
des @ The Line-

sartments,

fE
les

ASTER DETECTIVE

on

(Continued from page 75)

not quality.

“At last I saw a fine horse and chaise
approaching with a lady and gentleman
in it. I was sure they were on the way
to the Governor’s. I mounted my horse
which J had left hidden a short distance
away and set out at full speed after the
chaise.

“When I overtook the chaise I com-
manded the gentleman (who I have
since learned was Major Alfred Bray) to
stop, at the same time presenting my
pistol. Major Bray began applying the
whip vigorously in an effort to get away,
but it was of no use. I kept alongside
of the chaise, saying, ‘I’m going to have
your money or your life’ and he finally
pulled up. He was badly frightened and
trembled like a leaf as he handed me a
roll of bills amounting to twelve dollars
which he asserted positively was all the
money he had.

“THE lady tried to hide her watch-
chain but I assured her it was not
necessary, as I never robbed women. I
did, however, demand the Major’s watch,
which he instantly gave me. Bidding him
good-by I got off as fast as possible.”

Several days after the robbery of Major
Bray, Captain Lightfoot reached Spring-
field, arriving there late at night. On
securing accommodations at a tavern, he
retired immediately. It was his intention
to start early the next morning for
Canada, but the bold highway robbery of
the prominent Major Bray had created
considerable excitement and Lightfoot had
been traced by a sheriff and his posse.

He was awakened before daylight by the
officers who. took him into custody with
little formality. The remainder of the
night he spent in the Hampden County
prison and was then removed to the jail
at Lachmere Point in Cambridge.

On October 9th, 1821, Captain Lightfoot
was indicted for the highway robbery
while armed of Major Bray in Medford.
At that time and for several years there-
after such an dffense was punishable by
death on the gallows.

On October 12th, Lightfoot was tried
for the crime before the Massachusetts

Superior Court at Cambridge and con-
victed.

He had been ably defended by Samuel
L. Knapp and L. M. Parker, two leading
criminal lawyers of Boston, but Major
Bray’s identification was irrefutable. Chief
Justice Isaac Parker pronounced sentence,
ordering the prisoner to be hanged on
December 20th. Retributive justice was
swift in those days.

“Well, that is the worst you can do for
me,” was Lightfoot’s only comment.

Because he was believed to be a des-
perate character who would escape if
given the slightest opportunity, the high-
wayman was placed in solitary confine-

ment in a dungeon of the stone jail at

Lachmere Point.

This dungeon was deemed impregnable.
It was about eight feet. by ten with no
woodwork, and a heavy iron door was
fastened by two large bolts secured to
one another by a padlock of intricate
construction. Light and air were ad-
mitted only by three apertures in the
wall, each four inches wide and twenty
inches in length.

The entrance to the dungeon was just
wide enough for a man of average size to
enter and was within six feet of a massive
outer door, also of iron.

The Sheriff confined Lightfoot to a ring
bolt by a large chain attached to his
left foot. This chain was linked to a second
one fastened to the prisoner’s right hand,
and both were too short to permit him
to reach either the door or the wall
apertures,

ON Saturday morning, December 8th,
the turnkey, a Mr. Cooledge, entered
the dungeon to find Lightfoot apparently
ill. He begged for some wine and Cool-

.edge departed to fetch it, fastening the

door after him.

When he returned he found Lightfoot
standing up, trembling and rattling his
chains. The prisoner dropped a paper of
tobacco on the floor and exclaimed feebly:

“Mr. Cooledge, won’t you please pick
up my tobacco? I’m so weak I can’t
do it.”

As the turnkey stooped, Lightfoot

guilty persons.

PLAGIARISM

Any one submitting a plagiarized story
through the mail, and receiving and accept-
ing remuneration therefor, is guilty of the Fed-
eral offense of using the mails to defraud.

The publishers of MASTER DETECTIVE are
eager—as are all reputable publishers—to
stamp out this form of literary theft and piracy.
We advise all magazines from which such
stories are copied of such plagiarism and co-
operate with the publishers to punish the

OCTOBER, 1940

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~~
“¢


pr ny
as ‘ { art : ;
; se u mF “.
e > a ant eas f ; °
H2OVS EEO. Te Oat th «Timo ah é a
‘Wn Coleone Oca 4
eens Ce a fe ,
Gc) Pro
: at ee a le Paid ar
a2 Ghity iA
nan volur cao J * ph erp ai
ANC inet Steerer es Set in the Polisn descent. She

ip liawatians Suse

; i ne wo-roam =basem
hkimaka’ iMorrs Sheron St. with six

oh wait: besa aire:

.sons--her mother,

1ent Son, nN Visitors : iy Oine r, une Yea and anoinert ecti-

Tarks Spot ple. Reporting what it termed
a “tale of squalor

woh snend

Day wiih fhe

a epi Pe - and deprav-
ines their presents rhe h alf-dol lar marks the spot? , sie Re d ee ad
Ped é } RS ie: s¢no. itv,” The Repudiican Said ine
" sinaned turkey OF it e dast 1g eth Nangings Tete eho g , T Ba eee
: ‘ achusetl Pe Pe 1 }2 wie murdered girl was one of tn
soe 2 eis yayy af lt wa ££, : 2 ; 3
tal the trhnn amare re oan main suppo ts of her family and,
sq Sintid have been me ni ate om pape ae in image ip y, 1 - {200
rie clare gy ae te Nas empios ed in a iGca bo yX LAC:

eres RSE Vy in

cd North Couren, That ¢ve= County. nesss to th
MSs ve guests of his- ifs Did Job ice trouble re-
° Congregation- The s year that Krathof constructing the crime because
é h } 4 Lae ‘ on 96, «ft ei. 4 ma ys * " 1.
. a SL died at ine end of a rone, .cf the inability ssf to speak

’ +? * + a

3 eke lized for several Weeks,!
ent Kreg f i recovered from ihe;
sno yO" ait wee tried in Harns-
:> be RE hs ivy icé ier, Cr way S perier Courr in!
£5 EGE was found siullitv }
f “! £ ay aOd jae 8 FE a ee |
the prity wil nave Baston CVS; tr. W. Nene lick of
NUTS ANE ZA Tw’ WY T. Moriart f
#4 ee 018 | oriat Orr
Weg,” seh ays TOKT 2.7 The. ; 1
lere next day they hs yx various!
‘ DOP PINITOR ta ite tet !

‘9 Hawai

it (3 Cet}

uw
oO

nts th

a

Akt

i)

TORN. i
Ikrathotsicd) was ‘a worthiess'

oe ee
ey tee

pur lonfer who Gid no work,’’? who

3 iy rad previcus serapes with the lo:
te tite te mig “pis cal police and Who was Wanted.
si erime of if ts crime in Aus-}

; where he former-

hy sport said.
a shot the victir
u? twice aid then atrermpted to take .
The annive: his own life by shooting himseif}

evem-—o!f dubious in the ear with a 22 caliber “re-|
He

soeding badly but still
he evaded aitem

ahh
tne

lof other
ind. ran

|

i Laneu Harrier

| FA +) So 5 es
> icund the teen-azed givl 12 > / =

While ther

vs leave hy!

a8

,te
Ure

over

strained “the yank of

m “aye red $
SaCAIUselt:

more than

That afrarroon

ument, and the was

x He ae AVILE Ye.use d t
review’ the canviction and inl
ii was used fSeptember, 1823, the murderer
on at least oo. oiler Gccasions, was sentenced ‘toe hang by the
Leonus and Ineck

Wat >
Yr Atdiaee

ceoine and then jeave
} affo

York bv plane, as ihe
of their return flight

~
i

ek unt dead.’’ ’
fo accounts in The lav enacted that vear re
qu re that electrocution at!

i. They plan te reach
Naw Year’s Day.
weather-man co- ~Oner
prey vic vs a little sno.
ed

David J. Man -aeply on Hy to bara con nmaitted
; ne} Hirst of

revs

an jabs

Tansee
PL

a esecylade
nis stempdauyhic

a

itnasses kd
4 The : ming, not used
s and'since the execution of Helmes
{ the day.)”’ — five vears earlier, was erected
baron street.” in the south end of the cuard
An Atiempt At Suicide.”” room, close to the door leading
Crime of a Step-Fetner,?’ to the jail proper, the story re-
ary ihnes read. porred.
Livid Beiabs The guard room was weil pre-
i ed, with every window eov-:
i créen of white cloth:

ou Page

i ONS vegans from!
S ive vty Necse 5
- room nme d

wae Tet { bo cyblignts

veook PAYAgi i aveodind ‘ail t

yee ycle ED | y > ar a . ok Gare | ’
H 3. ait : { o VAS OE CAS

erdagy mor: , gthea ows made py “horiff Charts t
are ; > * ‘ r Typ ‘ee i } qt «
. . F \ POO vanit SC RYVEIOTM &
= Klan -* ’ : } Poe Gr
ah en ’ tie ute i hat 4}

Viet was Me eee 55 ” ! Hoge EB ana it Oo VY,

graph we td by as Saar ts rep res mea ie


2
2 o% iy Rape

Sew eae Ste Oe

ie that es
ssachte
show

a

TE ate ap C
Aoi on hae Westein
Mie sab ice television
stay Christmas caros
luater thev wea:
STS from. ine Feile
yin NAD ET
vou jive in Chieapee,
seei ie night nefinie Cl hristmas
you bear caroling iM PAE Sire ytSs
and if vert open your door and
snp Th jitvie Hawatians e yerh 2
Miele Ralikimaka”’ (Morry
simas; it wont be a mir-;

ara

se ts

i wilt spend most af,
Christmas Day wiih the Raich-}
es, onening their presents, ent-|
vr an old-fashioned niyEey din-!

Aer win a “t the twrimmimes tihe
wore gshocid have been turkeys).
Retarcv Club Guests

@ bows Will be guests of “he!
Porary Club of fm in¢gtield
tie Q6th, =: have an
{Eto meet Mal
hat afternoon, and
greetings from
Litlo, fiawau
they will te euests o!
peop:2 OL Ci LAD

Churen in Allen
air i}; be held aa
Mernorial Cuurch
and will include
and refresh-

,
i
‘

at
a

a

OOD ON
UES
tf ouiner

eyeae

ur

{ibe
ya

evonng

O14

vie yu

PEST Y

hie

.
eat

n
ail

w

toe F
EET CATES ;
res, Bing,
ews, i
Saturday, the hoys leave ovi
bus for a yide over the ‘Turn!

That afternoon
Vard

ines

.

“estan
a nw

4

‘nuren, Thet éeve-
will he zuests of his-
Street Congregation-
burch whic: has also
a special “after Chvist-
party, which will include
adjournment to adi
Boston Comimon. so at
bovs ean try ice-skating on

4

,

aciet

‘ny

ii

par 5 aap
\

B

VASIINg-

er
the 28th.

C
re loaare |

a

ye }
where next dav they

tid ifr ria) 1 White

hev will spend same
sitkiseoloa and. then is
ae

mitre

Poritn

nm
Vy

their

1

i

Len?

hiev plan fe reacn
‘Ye Day,
wealber-tian  Go-opicr-
ind provides a Htle snow
stinas the bovgs will be
ti! DS, as ey eryone else

td

at

om

A's, chirehes ubao and

Ver GrranizahvAs—1s all Tut

>

nid

for the 3

cad

if em en &
y i Ane de

‘OWE

ng him selves cut to make
a truly ‘Miele Kalikimaka’
youns siers,

ten nes

¥

il iy ey if

2
ay CAR SC Ui

farcry
re p Dar peor eet Natt. ar

W

y

Set in the cement floor in ar ois
hich-chambered guard room at the TWwO-tG9
ampden County Jail is a 50-473 Snaron s St. with six other per-

conr piece aie) at sometimes draws Sen s—her mother step-father,
comment from visitors. prother, uncle and another cou-
Marks Spot vie. Reporting what it terme

The half-do'lar marks the spot 4 “tale of squalor and deprav-
the last legal hanging i iri Mag- ity, Ee Repiibi iean said the
sachusetts. Be ihy sheet murdered girl was cone of the
A memos sorts, 3¢ TED main suppovts of her family and
sents the ¢ was employed in a local box fac-

: siaie an jec- t
sey of a Folish immicrant who %!: :
a ve ale 1 immiran fe) recast Pa worthless!

squaeiar who died :
friendiess and who wes buried ey who did no work,’? who
in: aio un Varke grave in pot- pravious scrapes with the Jo-:
ters fieh ast murdering his: police and who was wanted
step-day crime of lust. | some heinous erime in Aus-;
amin in or Poland, where he former-
lived, the report said
KWraibofski shot the victim
twice and then attampted to take
awn life by shooting hi —
‘in the ear with a .32 ealiver 2
volver. Bleeding badly but still
feet, he evaded attempts
in the at ta hevd him
tq the street. He was
several  diocks

@Qy Tay

Tee ite ae

She occupied
sement flat at

oN

h descent.
m ba

3

mo

q

ati

i “T88. and 312 min-
‘lis life was ended
anniver sary Tat

at

a
wie later
ine BUN

is

ot

event-—of dubious historical val-
from

a

tre-—will
day.
he enect Tien Ww
Sheriff Embury

pass week

land) yan in
apprenended
away.

anish-Amer eam, War hero who
ained the rank of reneral in
the Maasuc: 1s etts

and CAngrare Barrier

e found the teen- aged girl

her hed. ahs la ther e
several witnie: io «the

ing. nolice had trouble re-
uct 1g the crime because

nability of most to speak

mili
wan Gv

of YW

vA

eB DEE O58 15

Eounty
Sheriifs Did Job
The Sais vear that Krathof-

ski died at the end in

the Ata Sat hhusetts Le
ordered electrocut

Of a Tope
sislature

ais
ion. 4s The

‘Engi fish
__llosnizaliz for several weeks.
<rathofski recovered from the
iw Sieg He was tried in Hamp-
iden County Superior Court. in
Or ante and was found guilty.
By att Bs, T. Wo Rene fick of
t Palmer 2 nd Jonn T. Moriarty of
Chicopee Falls, took various
Steps to gain a new trial.
The Supreme Court refused to
vevicw the conviction and in
September the rourderer
3 hang by the
,
sled that voar Te-
quired “slectrocution at
Charl lestown Stata Prison would
upply on y to crimes committed
the first of the year, so
snined at the jail iKrathotsk missed the of pportu-!
nried office in 1920.inity to be the first criminal ex-
sl neadal which Shevifffeeuted in the electric chair,
on ia send the! The Republican reported the
ging ironies t execution in a storw on Page 4
val Phe rene us 3) 31. 18o3. The ostorv. ran
is still a column und a quarter in Jength
‘meer the neadlines “Last Hang-
ting in the State.”’."“Death of the
Pole, WKratniofski “For the
vurder of nis stepdaughter,
ictoria Pinkes.”’
Many Witnesses |
seatioidinz, not used
the execution of Heimes
VE enrlier, Was erected
me soutTNn end Oe He fa
room, clase 1a the door leading
fo Me tia proper, me Story re-
poried

ad
TPM

state’s micans of inilicting capl-
tai punishment
Before

sLQN

Da ty

apeerty in their" |

‘

¥

J

oe

j

eis

Darr

ary

neridf Davie J Sane!
‘hit portions of the

se3atto

1-9 ie

CVV plu

°

Rrathoiskt
A cabinet
id.
R sie an's
an. 4s

OTE
Sherutt

S
enon. Gi
recounts
oOne-CoO
WENGE Cx
W#4fra Ta aK

aM i

”

Thea
Site

e

ry
ib

>

a)


Sete secupied'
cayent flat ati

whe of the

es
sad eal box fac.

‘
“uo was wanted:
(os evime in AUs-|
vheve he former-i
ssyrp said. i
iets Ce: pe

f|

messs to the
nd trouble re-
ime because
af most to speak

i for several weeks,
-ecaverea from the|
vvas tried in Hamp-}

Soserioen Court in

“ 14
Wis ethene
be LOVEE
2. 4@eyie MATIOUS

pry trial,
PIs a

"LUA seid to

“QE Tee
Hag teaoulion at:
Prison sould
cranes commited

Seb ighes

d the ‘opportuel
: liad tL €X-:
ecime clya

an -Treparte
: yIhE CTY
+ tha wt
LP aT OF
et ba
a

a i \
1S REO pei “hier,

‘ HENNES
} pis vicad
hick ph CEETITIOS
was erected
i i oap the Conard
’ $e tM) af sing
ee ‘ 'ory ye

st a the year, so;
Od

ae a

were ry tee

Loner RE «

ae grea RY yyy

soerpacehcaiira sistant

eit fi
* “— <
cgathoeie Tea tures ; 7k eg
ty es fe € wa Ud 2 aa ent
: ° : ; : hoe 6 ba ie tia « * x :
Loo Bo Ue Ree ke or OF che be SN te Ye
: be ‘ lias " meres ~ m
hp R tt eros Praze Of baat Lies cr s Sp ee ot : oes
pres av has Fe Enon ow ne : on Ys Riot Tee feb Be te Nar Vee
oe ion eto ee ae Yr, ee ‘in
est oo * ae 5
< Chisapec’ end his Cf f fag i
ve ded unerest enol he
a ay pth ety urn. Wis wit fo ys: ‘ a
oy Fee ELIE TY Ri sen for aduit-,
i
¢ i ; tne :
wet Ctaek proke the news ° ne
roe  osavermmenr: had Tene d “

fort which }xrathe {ski

wo gtaycadiv, the paper tee i :
potas eau warrent was ert OPE Berea te Ooslgat So
ray eg seized isi rathof- ' #
tr ic arms and negan

oom tt + to ihe execution

Na Jinst Words wee
Perk eae og opin’ fal tk in was
on to fyoanibled convulsive nn:
aa Coed wirhout assist- i
~ ife inet hig disn mal fate ee eed
eohing,” the newspep- et a te ae
‘ 2 :

wer had no last eae PEC aa)
re noose was FD xed, |
sind the room into
wes ak Ee oh ot the withess-}
ef (RSE k gprens the,
sssegan jrmediately'
x poo tae Tg Kratots sis pr ils se:
© ty df mianutes rhe puise
ia, The prison-

sor sronoumecd dead un-
onetog Jater. An au
sory ec metarmed immediate-

rowas ¢ ierermmined Krath-
; ion of the
} wot fae neck wasenoet brok-

- ae.
| 43 conge

has not been used since.

we ee

vedy was taken from the
ruried that day it

iweaesd grave in potters
Oot) head ~ ata a - ah Oe ” remo ~ 7” ” ems -
yo o” b2d "4
‘a ‘y

4 4
fy LIP ted

i! ADU ER Ge
ba 1) on % v. I
imi eal Paris bite, “Naat

wot

ear
s ‘ ; ‘ f
ry en 04 . .
Merrick Group, No. 563, Has Event; Archie Jewell Gets}
*
on %
es ae entowy Emblem
oem gees
» oa? the oldest Jodges of the Cirand Lodge ta ceremeanics conducted |
theee} ef Locomotive Engineers: jast night in Totel Sheravon. '
ef its oldest members re-t Jewell was presented a 49-year pin}
i riatonod recognition last night. by sich taeee Watson of © jeveland, O.,
vines BAS of rmefeld, ob-') Grond Dodge repre sentative, and con-'
fae erat ‘ated op his long service. NOW a’

of West Springfield. Jewell;
necr, and:

tieraber of tie lretive

retired locomotive enh

Nee aa he vn SU Sy, Ee CON

: ib 2-
‘ ie feast nrenieer af fire Ineal Intza
aa’ Jog Porn ae ‘ } :
: PrESe Natives from othe af he Reston and Ajhanys Taiiroand.

he jong Rittory of ihe jJocal.loce®
was traced be Watson at he Sreetss |
the more: than,..190 members and,
friends preset, ‘fe extoalied the mem-
} afyenied

=

yership oan tis fine record, an
tne theme of brotherhoad W which the
railvoud local represents,

aay,

jang-tinme members by Watson, Mem-
50
39

hersaip pans were given more qhan
mombers who have servore for 49,
and 2a years,

Present iast nignt were
pe the Brotherhood, including Riumer
Laird of Baston, general chairman of:
iteihoad.
tas &
i;

garye

ao of Sarina fiel 1, seavvel

hich officials

the Boston and Vibany
Kran Svnionds of Woarverster,
legislative chairnan, an Michael

Aforiis

thie state cant!

"Sha pine dent, Patil. J, Svanlon,
' t t
aered ans teasimasrer, Hiarad Watton

Was CRE UTa
; ‘as
ate ws Saner pmavios af {he ew

Cnee the home of the nation’s oldest yachting club
‘ abandoned structure at the foot of Elin Si. on the
are a eC ge de, 6 ' bank may yet be returned to its former glory. Appoi
Pee of a harbormaster and increased activity on the rive:
the possibility that the city may select a. nearby site
community launching center—has eiven rise to spec
that the old boat heuse pictured here might again >
ter days. The structure was damaged hy fire in x

Awards also were made .to other .

pei
ota
ey a


<

4 Pett ae

LAKE, Alice, white, hanged Boston, MA, circa 1650.

Alice, the wife of Henry Lake, originallly came to New England as an indentured servant
girl, bound out to the household of John Phillips at Dorchester. When she was manumitted, she
married Henry Lake and they became the parents of five children, one of whom died in infancy,

In 1684, Rev. Increase Mater published a book entitled An Essay for the Recording of
Remarkable Providences in which he commented on varied aspects of colonial Massachusetts
history, including the witchcraft trials. His brother, Nathaniel Mater wrote him a critical review
in which he expressed a regret that Increase had not included an account of the “witcherafts of
H. Lake’s wife.” The colonial records for the period no longer exist and this was the first
mention found of the case. In 1697, Rev. John Hale write the following in his A Modest
Inquiry into the Nature of Witchcraft:

“Another that suffered on that account some time after was a Dorchester woman. Upon
the day of her execution, Mr. Thompson, Minister at Bantry and John Phillips, her former

master, took pains with her to bring her to repentance. She utterly denied her guilt of witchcraft

yet justified God for bringing her to that punishment, because she had when a single woman,
played the harlot, and being with child, used means to destroy the fruit of her body to conceal

her her san and shame. And although she did not effect it, yet she was a murderer in the sight of

God for her endeavors and showed great penitency for that sin but owned nothing of the crime
laid to her charge.”

In his 1694 letter, Nathaniel had written:

“It was said that the devil drew in by appearing to her in the likeness and acting the part
of a child of hers then lately dead, on whom her heart was much set.”

Dr. John Putnam Demos in his 1982 book Entertaining Satan: Witchcraft and the Culture

of Colonial New England provides the background information, including her name. His source
was mainly genealogical records (most notable The American Genealogist XII, pp 20-22). After
her execution, the family dispersed and Dr. Demos gives the details. Her husband, Henry, fled
to Rhode Island where his name appears at Portsmouth in 1651. Her son, David, went to
Compton, Rhode Island where he subsequently became a leading citizen. The three remaining
children stayed in Dorcbester where they were bound out to local households. The three remain-
ing children reached adulthood and Joined their father in Rhode Island and returned with him

to Massachusetts in 1673, settling at Plymouth.


\ : os,
ee T Topsfield, )
A far from Salem,

se
|

~~ OLD-TIME NEW ENGLAN

ere TG

3 pie ote id

Die

THE BULLETIN OF THE. ) ‘atin
“<< SOCIETY ror THE PRESERVATION or NEW ENGLAND A
| oA QUARTERLY MAGAZINE

“DEVOTED TO THF ANCIENT BUILDINGS, HOUSEHOLD FURNISHINGS, DOMESTIC ARTS, MANNERS AND

NTIQUITIES

\

customs AND MINOR. ANTIQUITIES OF THE NEW ENGLAND PEOPLE
; N iy ,

*

VOLUME XI

NUMBER 1

A SEVENTEENTH CE

X

THE PARSON

bed raent S Ss

NTURY NEW ENGLAND HOUSE

CAPEN HOUSE AT TOPSFIELD, MASSACHUSETT

/

|

By Donatp Mittar © Loe

: “ fies: az :
’ Author of\‘ Measured Drawings of Some Colonial and Geoyfidn Houses.”

é

lassachusetts, not
aay be seen one
: of the best preserved houses of
the earlier Colonial PeridX in New
England. It was built in %33 by
the Rev. Joseph . Capen whd\had
been called a short time before Npy
the Topsfield church, and every chili
in the village calls it the “ Parson
Capen house,” the name by whith it
has been known for generation¥g.
tradition is
young bride of the Parsopfiid not look
with favor on the pa onage owned
by the town and ashe came from
the well-to-do Applefon family of Ips-
wich,the frame of fnew house soon was
erected on a yfall knoll beside the
training fielf. The-house now is
owned byAhe local historical society
and wacarefully restored in 1913 by
its Sefretary, George Francis Dow.
The Parson and his bride sleep, side by
side, in a hillside burying ground not
far away and on

The |
still preservedthat the

‘ners of the hotte.

his headstone may be

i a

read the folJ&ving lines carved there
two centuyles ago by his affectionate
flock: —s Dee j

Deaf Mr. Capen, that revered man

o did the faith of Christ maintain
‘A learned man, and Godly too,
None will deny this who him knew.

The Parson’s house undoubtedly
Nas well built, even for his day, and it
possesses architectural embellishments
unkigwn on other existing dwellings.
The sekond story widely overhangs in
front an the garret floors project at
either end\and all are supported by
ornamental\wooden brackets. The
gable ends have wide “verge boards”
and carved “dtaps” hang at the cor-
In fact, about
feature of the
aid to lack is a
er side of the
d from the

the only architectical
period that it may be
“peaked window” on e
chimney, pushing outwa
steeply pitched roof.

The houses that were bull by the


‘=

: : e deed had into that; It was by Phocbe’s advice that I
} "ane perpetrators of the deed hac put it into the first this afternoon. And he
e pune npunished. “lark eee had no more, that IT know of ’til] the next
Mark visited Doctor Clark's negro Monday night. when Mark put some of the
Rebbin, at the North End of Boston, Potter's Lead into Master's Sagoe.

talked over his plan to get rid of

: in C n and asked for ar- or eens
c peran Agra the secre heer: this trial for murder that she-had been
Pert, : led to commit these acts by Mark,

irra ‘ e for obtaining the d :
ings to arrange g. : “yates : , !
powder and to agree upon a likely @nd Mark appeared in his own tes

The powder was to kill three. timony as an Innocent and unsuspi-
story. fas ie esac ge Fae ce ts ees
pigs belonging toa slave named Quaco. a vue fee ROY, bin toe Pratt
The conspirators on one occasion met The BR aSaLte ile ave = there

atthe pot house, they separated and Be ee re Dee. J BWeL
: ain at Mr. Waite’s slaughter -Tecriminations aside — and here is
pcr aga at Mr. Mestad ciiiy alas the order of the Court to the Sheriff:
house; the friends hid in a Lane near : :

the Long Wharf while Mark went “We command you therefore that on
boldly into Mrs. Sheerman’s to get a Thursday the Eighteenth day of September

, : ane they instant between the hours of éne & Five
mug of teady, and e the La nay > 0 Clock in the day time you cause the said
drank together. On anot ler night, in Phillis to be drawn from our Gaol in our

desperate need of more arsenic to County of Middlesex aforesaid (where she now
complete the murder, Mark~sought is) to“the place of Execution and there be
Robbin in Boston passed him in the burnt to Death & also that on the same day
- ’

‘erry, and played bli a es buff between the hqurs of oné and five of the Clock
Ferry, and p aye Ind man's bu in the day time you cause the Said Mark to

as he relates, all the long dark evening. be drawn from our Gaol in our County of
In the kitchen, day after day sat Middlesex aforesaid (where he now is) to the
( f Captain Codman, at his little round Place of Execution & there be hanged up by

_ Pa = the Neck until he be dead, & for so doing
table, eating _his- water gruel and this shall be your Sufficient Warrant—”

eens | eS Pees ane, jue The record of the awful conclusion is
Ss - nae - :
- daughters Molly or Betty to account. thus simply given:
But they were asignorantashe, -Here Miwpirsex SS — September the 18,
is Phillis’s own Picture of the tragedy: 1755,
“I Executed this warrant as above

“The next Monday morning after Phoebe ; : Wi
gave me the first Powder, then it was put directed, by cousing Phillis to be

into his Chocolate, by Phoebe. The next was burnt to Death, and Mark to be
also put into his Chocolate by Phoebe on the hang’d by the neck until he was
next Wednesday morning, and I thinking she dead, between the hours of one and

put in more than she should, told her her five a Clock of Said day.

avy, and there was no more put é
» I know of till the next Fryday, when “ RICH’D FOsTER, Sheriff”
S q Phoebe put some into his Chocolate, and my :

Master eate the Chocolate all the three times The reader may ask why Phoebe

aforesaid in the Kitchen, and I was there & was deported and not burnt or why

follo him; as gee apap ene spoburday Robin and the host of shadowy slaves
Wing, when pu ome into his ater. 22% = * a
gtuel, but | felt ugly and threw it away, and J the plot left no record of punish

made some fresh, and did not putanyintothat. ment. Perhaps the court and the
€ next was on the afternoon of the same public, after the execution of Mark
Saturday, I made him some more Watergruel and Phillis, had had enough of pun-

* pour’d some of the Water out of the Vial ‘
into it, and it turned yellow, and Miss Betty, ishments, and scmem ered . the ad

ask'd me what was the matter with the Monitian that “Vengeance js mine,”’
rnatergruel and I gave her no answer; but saith the Lord. ts
av Was thrown away, and more fresh made, The present day visitor assin
and Miss Molly was going to put the same P y. P 8
umbs in again,’ahd Phocbs told her not to 2long Linnaean Street of a summer’s
© it, but she had better put in some fresh afternoon sees our old house standing

Plumbs, and she did; and no Poison was put in the shade of ancient elms, and

Phillis testified in court, during

Pipi,


_

-—_

y~

A. HALF-FORGOTTEN “TRAGEDY OF 1755

WHEN PHILLIS WAS BURNED AT THE STAKE IN CAMBRIDGE AND
MARK WAS HANGED IN CHAINS

By CyarLeEs KNOWLES BoLton
Librarian of the Boston Athenaeum.

UR old houses are more than
aS beams and plaster, although

it may be that not often can
we recall the events that have hallowed
them or made them famous. They de-
serve a better fate, for they have sur-
vived the storins and the ruthless hand
of man through the last two centuries
or more. Now and then, however, we
can picture a scene within or near
such a dwelling. Not far north of the
Cooper-Austin house on  Linnaean
Street, owned by our Society, stood
for many years the gallows, from which
the rise of land in that part of Cam-
bridge took its name.

Let us go back in imagination toa
September afternoon in the year 1775.
Professor Winthrop, standing by the
country. road, heard a great noise and

soon saw a rude sled 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 tc
a gibbet and left 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 and 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. Caleb Rea,
three years later, and furnished a
tradition that jogged the mind of
Paul Revere in April 1775.

What a scene for the occupants of
our ancient house near the gallows!
How many questions they must have
asked! How many phases of’ the
horrible event they must have dis-

cussed! Had they ever before seen
the man, whose name was Mark?
Was he more of a criminal than
Phillis, the woman? What had
become of Phoebe, the woman’s
confederate? All these questions they
must have asked each other: One
great question that interests us today
they could have answered if they used

their eyes: Was Phillis allowed to —~

burn until she died or was she (as
usually happened) strangled by a
rope attached to the post and passed
about her neck? Such a scene may
seem to some readers too gruesome
for thought, but our ancestors were
ready at all times to face realities.
If they ate meat they were willing to
see an animal killed; if they wanted

_safety they were willing to strike ter-

ror into the hearts of possible evil-
doers. ‘

The event on Gallows Hill was of
course the last act in a succession of
dark and desperate deeds. Mark for
a long time had resented the severe
discipline of his master, Captain John
Codman, the saddler, sea-captain and
merchant of Charlestown. He had
tried toreduce the Captain to poverty
by burning his property in order to
force him to sell his slaves to another

}
J

master. This plan failed. So in the —

dark low-studded kitchen of the Cap-
tain’s house Mark: sat night after
night, thumbing the tattered Bible,
proud of his ability to read. By him
sat Phillis and Phoebe, awed no doubt
by his superior learning and_ his
reading of Scripture passages. He
asserted that he had learned from the

Bible that it was no sin to kill a man -

if no blood was shed. Poison there- *

fore was a suitable weapon. ‘More- 3
over it was common gossip amongithe _
slave class that a cruel master had §

been done to death by this method -


s

pleasantly surrounded by grass and
flowers. It gives the impression. of
being now, and having always been,
the abiding place of all that is peace-
ful, 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 landscape must. then
have been the gallows, so near at hand,
at the crest of the rising ground to the
north. From generation to genera-
tion the children of the household
must have been present at executions,
which, in our time, the elders them-

we

selves would_ shrink from “ seeing,
Yet we know that according to the
custom of the time parents frequently
took their children to just such grue-
some sights that they might learn
respect for the law by Witnessing the
horrible results of -its transgression,
Probably in no way does the past
secm further removed from 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.

GIBBET
FROM QUEBEC

In 1763, a Madame Dodier of St.
Valier, near Juebec, was convicted
by the British military authorities of
murdering her husband by pouring
molten lead into his ear while he lay
asleep. She was sentenced to be
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 sold to the
Boston Museum formerly on Tremont
Street. In 1899, at the dispersal of ©
its collections, this gibbet was trans-
ferred to the Essex Institute at Salem,
where now it is exhibited.


—

A crazy quilt was used as a shroud for the mummy

doorway. Reynolds recognized him as a prominent Boston con-
tractor whd maintained a summer home in Hull. Ceasing his
examination the chief walked to the window. The undertaker
snapped on more lights and the contractor stepped forward.
He stood there studying the drawn face and shrunken limbs of
the mummified corpse.

“His own mother wouldn’t recognize him as he is,” the man
said slowly, “but I have a hunch that this man may be Frank
Cusumano.” .

“What makes you think that?” Reynolds asked.

“The thought flashed across me when I saw him lying on
the beach,” the man said quietly. The chief nodded. He knew
the contractor and his sixteen-year-old son had been among the
first arrivals on the shore. “Frank had unusually long arms and
legs, his fingers were like those of a musician,” the newcomer
added.

The two gazed down upon the hairless, mummified fort.
Frank Cusumano had been well-known and well-liked in Hull.
An American of Italian descent, with an attractive wife, he had
settled in town some years before. Forging ahead by honest
persistency, he was beginning to take part in town affairs and
had won the respect not only of his fel-
low citizens but the high regard of the
Boston colony of Italian-Americans. He
had vanished from sight Sept. 18, 1910.

on the beach and became an important clue. The
widow of the victim is shown, at right, listening -
to the trial in a sketch by a Boston, Mass., artist.

42

|

“Cusumano worked for you, didn’t he?” the chief asked.

The contractor nodded. “One of the best men I ever had.
Used him to oversee some of my most important projects. He
was planning to start up his own business as soon as he could
get some money together. He not only knew good work but
could get a lot out of the men,”

“I remember you came up to see me with his wife the day
after he disappeared.”

“Mrs. Cusumano was worried,” the man explained, “and
Frank was too valuable a member of my organization to allow
his dropping out of sight to go unnoticed, At the same time we
notified you, we also went to the Boston police department.”

The chief recalled the circumstances. He also remembered
that during the time the man had been living in Hull he had
gone away before under similar circumstances, to be located
later in various parts of the country. Once he had gone as far
as New Orleans. Reynolds spoke of this now. :

“It was poor Frank’s only drawback,” the contractor an-

_swered. “Every now and then he’d get the wanderlust, leave

his wife and children and disappear for
three or four weeks. This time he told
her he was going to Hingham to look
over some property and took two. hun-
dred and fifty dollars of their savings.
When he did not return his wife feared
someone might have learned he was
carrying money and had waylaid him.”
“We'll get her down to have a look
at the body,” Reynolds stated. “Perhaps
she knows some physical mark that
will make identification posi-
tive.”
When the man did not reply
the chief returned to the body.
The contractor’s gaze had
.. gone to the quilt. He was re-
~~ garding it with growing’ sur-
!. prise. “That doesn’t look like
‘= the same one that was found
with the body,” he remarked.
“Doesn’t it?” the police
“= chief said. “What makes you
- think that ?”

&
4
*
fF
ee
&
gi
a
fr
¥

Tl
tion.
Re
hon
a fa

come
prett
the ¢

Le
for s
dare:
hesit

Ri
new:
been

Tl
for s
last :

oy
“Th:

Iie

?
¢


Pn ee

Long search. finally re-
vealed a pick-head ax, a
type used by fire depart-
ments, which was identi-
fied as the murder weapon.

year-old youth drew
closer. The boy stared in-
tently at the oddly de-
signed quilt that covered
the corpse, then spoke in
a guarded tone to the man
beside him. Reynolds,
catching the strained note in the whis-
pered voice, half rose to his feet but the
elder of the two turned suddenly and
slipped through, the crowd, followed by
the youth. .

His mind intent on the gruesome task
before him, the chief let the pair go and
directed his attention at the bizarre log
cabin patches of the blue-lined death
quilt. His keen glance shifted to the wire
which held the incongruous shroud in
place.

At THIS point Medical Examiner
Peterson arrived. Reynolds ordered
back the rapidly increasing throng as the
doctor deftly clipped the wire binding the
corpse and unrolled the quilt. Hardened
as. he was to violent death, the doctor’s
shocked features showed his unprepared-
ness for the sight of the nearly decapi-
tated head and lacerated torso.

Officer Tremaine, hovering close,
voiced another discovery: “It hasn’t any
hair,” he exclaimed in awe.

Peterson’s face became grave. “That
isn’t all,” he said in a low voice. “There’s
something about this I don’t understand.”
He spoke to the chief in a whispered
undertone.

‘A disturbed look flashed across
Reynold’s features as he turned for a
further scrutiny of the corpse. Exposed
to the light, the shrunken flesh of the
dead man presented a mummified appear-
ance.

As they examined the strange corpse,

‘the police cameraman arrived for pho-
tographs. Beyond. the milling crowds a
hearse drew up. Finally Tremaine threw

40

entiation nit i Sangnery ae ON rene

a quilt over the body.- The
chief drew him to one side.

“Keep everyone away from
this part of the beach,” he
ordered. “I want some time
to look about without every-
thing being disturbed.” He
cast an anxious glance at the
sea and then at the grass-
covered slope. “We'll have to
work fast before the tide
turns,”

Peterson ordered the body
removed to an undertaking
establishment in Hingham
for an autopsy. “It should be
easy to confirm the cause of death,” he
stated, “but when it comes to making an
identification I’m afraid that’s another
matter.”

“It won’t be easy,” the chief agreed,
“but I have a feeling it is going to prove
even more difficult to find out who is re-
sponsible for this crime.”

. Attendants stepped forward to lift the
body. As they did so a roughly cut strip
of bed ticking slithered from between the
quilted folds and fluttered to the sand.
Reynolds picked it up, examined it, then
placed it to one side for further study.

More patrolmen arrived from head-
quarters, The chief reiterated his orders
about guarding the shore which he had
already issued to Tremaine. Then he ap-
proached the man who had found the
body.

“You were home last night ?” he asked.

“Didn’t leave the house once after the
fog closed in,” the other replied. “It was
so thick you couldn’t see a hand before
your face. I was up most of the night

The death weapon and
a bloodstained strip of
mattress provided offi-
cers with clues when
found along the Nantas-
ket shore: at point indi-
cated by arrow, below.

keeping an eye on my properties. I’m a
real estate man.”

“To get to the beach where the body
was found, it would be necessary to pass
by your house ?”

“That’s right,” the realtor said. “And
I didn’t hear a sound all night.”

The chief paused. “Tide here in the
bay was high this morning at-about three
o’clock,” he mused. “With wind and high
water as it was, a current running past
Bumpkin island cuts close to shore near
the exact spot where the man was found.”

The realtor glanced at the island. It
seemed quite close when the tide was out.
“You think it might have occurred
there?” he questioned.

“I’m thinking nothing for the present,”
Reynolds said. He turned and walked
slowly down the beach, searching the area
carefully. He found nothing that would
aid him in identifying the killer or the
victim.

On his return to Hull, the chief stopped
by the undertaking establishment in

STARTLING DETECTIVE

Hingh:
Dorr h
had be
savage
comple:
The Vic
to be be
the mu
tremen

“The
Peters:
dead fc
there i
nor is
immer:

The m

ADVE


on and
strip of
2d offi-
i when
Nantas-
at indi-
below.

ies. Pm a

the body
‘y to pass

uid. “And

re in the
out three
and high
ning past
hore near
is found.”
island, It
2 was out.
occurred

present,”
d walked
g the area
rat would
er or the

-f stopped
iment in

ECTIVE

Hingham. Doctors Peterson and C. A.
Dorr had completed the autopsy. Death
had been caused by blows struck with
savage force at the base of the brain,
completely severing the spinal: column.
The victim’s age the physicians reckoned
to be between 40 and 45. They added that
the murderer must have been a man of
tremendous strength. :

“There’s another strange angle,”
Peterson commented. “This man has been
dead for more than three weeks. Yet
there is no trace of water in the lungs
nor is there evidence that he has been

* immersed for any length of time.”

q oe Ere ~~
Sept
ene

The murderer, above, was trapped when police

broke his carefully prepared alibi.

eh

af

ADVENTURES
LS

Aten *

“How do you account for 'the drawn,
dry condition of the skin?” the chief
asked. :

“It is a condition consistent with what
would happen if the victim had been
buried in dry sand immediately after
death,” the medical examiner stated.
“This also accounts for the lack of hair
on the head. The victim was not natur-
ally bald but lost his hair after death
through the action of sand and water.”

Careful study of the victim revealed
no birthmarks or other physical charac-
teristics from which identification could
be made, Examination of the mouth dis-

closed several missing teeth

but all others appeared in ex-
cellent condition and had
never needed dental care.

The only outstanding -fea-

tures of the corpse were
» long limbs and fingers and

toes of marked length.
As news of the murder
became widespread, requests
came to Hull police head-

ry

quarters from nearby towns and cities
regarding men missing from their com-
muntities. One by one, these were crossed
from the list of possibilities as the de-
scriptions failed to tally.

There was talk that the man might
have been tossed from some boat an-
chored in Hingham during the heavy
fog. Others thought the body might have
been buried on the shores of Bumpkin
island and then was washed out by the
tide and deposited on the beach of the
opposite peninsula.

Hours passed and the identity of the.

dead man remained unknown.

Reynolds checked his own files and
returned to the undertaking rooms where
he began a further examination. As he
lifted one of the claw-like hands, the pro-
prietor of the establishment came into the

back room. He glanced at the form lying:

on the slab, partially covered by a quilt.
There was someone outside, he told the
chief, who wanted to look at the body.

Before the police head could reply, the
huge lumbering form of a man filled the

Dr. George Burgess McGrath, now deceased, former ¥
medical examiner of Suffolk county, Mass., estab-
lished clinching proof of the mummy’s identity, and
aided in bringing the case to a successful climax.

COP GS HE

Ty Tr


sked.

ever had.
jects. He
- he could
work but

e the day

ied, “and
1 to allow
vs time we
artment.”
nembered
dl he had
located
ne as far

actor an-
ust, leave
.ppear for
1e he told
m to look
two. hun-
yr savings.
‘ife feared
d he was
laid him.”
ive a look
“Perhaps
nark that
tion posi-

i not reply
) the body.
aze had
{e was re-
wing sur-
t look like
was found
remarked.
> police
nakes you

The man did not reply. Apparently he did not hear the ques-

tion. He left a few minutes later.

Reynolds also left immediately and drove to the comfortable
home of Frank Cusumano in Hull where in addition to raising
a family, the missing man and his wife had added to their in-
come by maintaining a small boarding house. The wife, a frail,
pretty woman in her middle twenties, came out to the car. From
the doorway peered the heads of several curious children.

Lena Cusumano recognized the chief but she stared at him
for several seconds, her dark eyes wide with worry, before she
dared trust her voice. “You bring me word of Frank?” she asked
hesitantly.

Reynolds nodded, hating as always this task of bringing bad
news, “There’s a possibility that man on the beach may have
been your husband.”

The woman’s face turned ashen. She grasped the car’s side
for support. “I was afraid something happened,” she said. “The
last few nights I have had such bad dreams. But I had hoped—”

“We may still be mistaken,” the chief stated reassuringly.

“That’s why we want you to come down to the mortuary.”

Chief Washington James is
shown at right with Officers
Herbert Jones, Ira Adams,
Michael Hefferman, Edward
Tinsley and R. Fisher Robin-
son, left to right, of Hingham,
Mass., police. Below, are
contemporary sketches of the

murderer at the trial. ~

Lena cringed, It was apparent she had heard in what condi-

tion the body had been found.

“If you wish, take ‘somebody with you,” Reynolds added
kindly.

Tone glanced toward a neighbor’s home. The windows were
dark. She turned to regard her own. All of the lodgers had been
planning to go out, she said, and she thought they had gone.
She would see.

In a few minutes she returned with a lodger whom she intro-
duced as Harry Marshall. She had caught him, she explained,
just as he was going out the door. He was willing to go with

her. He, too, worked for the contractor and knew her husband ©

well. Perhaps he might aid in the identification.

Reynolds escorted Lena Cusumano and the lodger to the
undertaking rooms. As they crossed the threshold Lena’s com-
posure broke. The others waited until she mastered her emotions,
then followed’ her into the back room. Tears filled her eyes as
she stared at the body. But when Reynolds asked her if she
recognized the man, she shook her head.

“Tt is terrible,” she exclaimed, “but I know it cannot be my

Frank.” She began to sob brokenly and Marshall led her
from the room.

-A moment later he returned. He stood there for sev-
eral minutes, eyes intent upon the face of the dead man.:
“T do not believe that is Frank Cusumano,” he said finally.

Reynolds went into the other room and spoke gently
to the bereaved woman: “Please forgive me for ques-
tioning you at a time like this. It is my duty. The quicker
I learn all available facts relating to his leaving, the
quicker we'll be able to solve the mystery of his where-
abouts.”

Reviewing the events leading up to Cusumano’s dis-
appearance, Reynolds learned Frank and his wife had
gone swimming shortly after noon on Sunday, Sept. 18,
the day he had vanished. They had remained on the beach
until 1:30. None of the boarders were in when they re-
turned and the house for the time had been deserted,

Frank, still wearing his bathing suit, had entered the
house through the cellar and brought a pail of clams, dug
at low tide, into the kitchen. He set these down and went
into one of the rooms to dress.

Lena was still wearing her wet bathing suit when he
came into the room wearing his best clothes and asked
her for some money. She gave him two dollars. He said

[Continued on page 60] .
43

he wanted more and she took $250 of their savings from

a


630 Mass,

43 N.E.2d 133, and it is difficult to per-
ceive how there could be a valid extension
of |the maturity of the note without its re-
sulting in an extension of the mortgage.
The defendant reserved the power to fore-
close the mortgage in accordance with its
terms unaffected by either rent agreement.
The plaintiff had possession of the prem-
ises under the terms of the mortgage and
so was entitled to the rents and profits.
G.L.(Ter.Ed.) c. 183, § 26. Montuori v.
Bailen, 290 Mass. 72, 194 N.E. 714, 97 A.L.
R. 789. The defendant, as shown by the
vote of its investment board fixing the
terms of the conveyance to the plaintiff,
considered it necessary for the plaintiff to
make monthly payments from the rent;
and the rent agreements were executed
for this purpose and were to continue as
long as they were observed by the plaintiff
and also as long as the defendant was will-
ing to allow the note to remain outstanding.
It was undisputed that the principal of
the note was unpaid. There was no breach
of the second rent agreement in fore-
closing the mortgage, and there was no evi-
dence to show that the foreclosure was in
violation of any contract between the par-
ties. The same is true of the action of
tort in so far as it purported to rest upon
a breach of contract. And apart from any
contract, the evidence does not show the
violation of a duty that the defendant
owed the plaintiff. The defendant con-
formed in all respects to the provisions of
the mortgage in foreclosing the mortgage.
The defendant was not required to give any
notice to the plaintiff.. The price at which
the property was bid in was not so inade-
quate as to indicate want of good faith.
The sale was not invalid on the ground
that the defendant’s investment board vot-
ed to foreclose because the rents had been
trusteed. The affidavit attached to the
foreclosure deed set forth that the princi-
pal was due and unpaid, and that this was
one of the breaches of the conditions of
the mortgage. Without pursuing the sub-
ject further, it is sufficient to say that there
was no want of good faith or lack of rea-
sonable diligence upon the part of the de-
fendant in foreclosing the mortgage. Silva
v. Turner, 166 Mass. 407, 44 N.E. 532;
Cambridge Savings Bank v. Cronin, 289
Mass. 379, 194 N.E. 289; Chartrand v.
Newton Trust Co., 296 Mass. 317, 5 N.E.2d
421; Ross v. Vadeboncoeur, 298 Mass. 523,
11 N.E.2d 430; DesLauries v. Shea, 300
Mass. 30, 13 N.E.2d 932; Fleming v. Dane,
304 Mass. 46, 122 N.E.2d 609; Davis v.

48 NORTH EASTERN REPORTER, 2d SERIES

Newburyport Five Cents Saving;
311 Mass. 377, 41 N.E.2d 188.

It follows that the motion for a ¢:
verdict in each case should have ‘+
granted; the defendant’s exceptions «
sustained and judgment in each case -
be entered for the defendant.

So ordered.

w
© £ KEY NUMBER SYsiEM
T

COMMONWEALTH v. SHEPPARD et »

Supreme Judicial Court of Massach: «‘%
Plymouth.

April 26, 1943.
Writ of Certiorari Denied June 21
See 63 S.Ct. 1450, 87 L.Ed. ~,

1. Criminal law 126(1)

A motion for change of ven
ground of local prejudice should vr’
granted on mere suggestion, but Ju"
tion to order such change should be +"
cised only after solid foundation o{ ‘»
has been established. G.L.(Ter.Ed.) ¢ ¢
§ 51.

2. Criminal law @=620(2)
Determination of defendants’ r
to try together three separate ind

against them for murder of three ;*"*
rested in trial judge’s sound discie*= =

3. Criminal law €620(2)
Denial of defendants’ motion fer ¢
together of three separate imiict®

against them for murder of three 5
held not abuse of trial judge’s dis<**

‘

4. Criminal law €=—696(6)

In prosecution of two defenitar*s %
murder of guard at State Farm, trial -° ©
was not obliged, of his own motion, te © *

: an ote My
out commonwealth’s evidence, sub saat
bene, as to defendants’ killing of te *

7
such guards on same day, and no ¢:

denying defendants’ motions to s¢*i
such evidence before conclusion cf ©
monwealth’s evidence was shown. = *
sence of motions by defendants for wut

relief at proper time.

5. Criminal law €=673(5)
In prosecution of two defen

» rer

darte ow

murder of guard at State Farm, erie @

held to show that defendants’ prevoost le

i Ci A

COMMONWEALTH y. SHEPPARD Mass. 631
48 N.E.2d 630

gs of two other such guards on same day

-e>tered eommission of crime charged

~ te easy and more effective to produce

“imate result forming defendants’ gencral

ive and inducement and were done with

h intention and purpose, and hence had

h connection with crime charged as to

‘er evidence of such killings admissible,

v:ew of court’s charge properly limiting
‘cation thereof.

€ Criminal law ©=673(5)
As a defendant may not be convicted
‘ one erime by proof of his guilt of an-
r crime, admission of such evidence
: be carefully limited and guarded by
‘‘ructions to jury, so that its operation
‘ effect may be confined to single legiti-
‘ec purpose for which it is competent.

*. Homicide €=169(6)

In prosecution of two defendants for
rder of guard at State Farm in attempt
escape therefrom, testimony of another

“wate of such institution that defendants
‘ed with witness about making a break
‘er a month before homicide was admis-

o

£ Homicide €>169(1)

In prosecution of two defendants for
‘der, it was competent for common-
~calth to show whole history leading up to
ong of decedent from inception of scheme
‘kill him until its consummation.

* Criminal law €=734

In prosecution of two defendants for
‘ier of guard in attempt to escape from
“ate Farm, question whether conversa-
‘ns between defendants and another in-
sate of such institution concerning pro-
»«ed break therefrom over a month before
‘emicide were too remote in point of time
‘ render such inmate’s testimony as to
mech conversations admissible was ad-
“rssed to trial judge’s discretion.

~

'® Witnesses €>240(2)

The allowance of leading questions to
*=ness by counsel is almost wholly in tri-
* judge's discretion.

"1. Criminal law €>1059(1)

In trial of two defendants for murder,
**qucst by counsel for one defendant that
“exception be saved to trial judge’s de-
tal of codefendants’ motion to strike out
ertain testimony did not properly save ex-
“7*10n to judge’s failure to direct jury ex-

pressly not to consider such testimony as
against such counsel’s client.

12. Criminal law €=>1043(2), 1059(2)

A general objection and exception to
evidence which is competent for any pur-
pose will not prevail, but objecting party
must call trial judge’s attention specifi-
cally to any limitations which should be
imposed on application of such evidence to
issues.

13. Criminal law €=1043(2), 1059(2).

Where there are several parties or
several cases tried together, general ob-
jection and exception to evidence, which
is competent as to one or more parties or
cases, but not as to others, is insufficient.

14. Criminal law €=438

In murder trial, admissibility in evi-
dence of photograph of upper part of vic-
tim’s body over objections that it was al-
tered, that sight of it may have induced
loathing of crime and hatred of accused by
jury, and that it portrayed hand of living
person manipulating position of body, rest-
ed largely in trial judge’s discretion,

15. Criminal law @=438

In murder trial, photograph of upper
part of victim’s body was not inadmissi-
ble in evidence merely because it depicted
something gruesome or might have tended
to produce loathing on part of jury.

16. Criminal law €=438

In murder trial, photograph of vic-
tim’s head, showing nature of his wounds,
was relevant evidence on issue of atrocity,
which was one of grounds on which com-
monwealth contended that defendants were
guilty of first-degree murder.

17. Criminal law €=448(8)

In murder trial, physician’s testimony
that substance on back of chisel, identi-
fied as having been used by defendant-on
victim, looked like dried blood, was ad-
missible, though witness had not qualified
as expert or made chemical analysis of
substance.

18. Criminal law €=407(1)

The silence of defendant when accused
of crime in his presence and hearing is
not admissible in evidence against him.

19. Criminal law €=407(1)

In prosecution for murder of guard
at defective delinquent department of State

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be
«

634 Mass.

Joseph E. Sheppard and Donald Millard
were convicted of murder in the first de-
gree, and they appeal.

Affirmed.

Before FIELD, C. J., and DONAHUE,
QUA, DOLAN, and RONAN, JJ.

E. R. Dewing, Dist. Atty., of Boston, for
the Commonwealth.

E. A. Ryan and J. F. Ryan, both of Wor-
cester, and J. M. Boyle and S. Rosenberg,
both of Boston, for defendants.

DOLAN, Justice.

On February 5, 1942, the defendants were
indicted for the murder of George Landry,
at Bridgewater, on January 1, 1942, They
were found guilty in the first degree and
filed appeals with assignments of error.
See G.L.(Ter.Ed.) c. 278,  §§ 33A-33G.
Sheppard had pleaded not guilty, and a plea
of not guilty had been entered by order of
the judge for Millard. These pleas were
subsequently withdrawn and a plea was en-
tered for each defendant of not guilty by
reason of not being criminally responsible
at the time of the commission of the crime
charged.

There was evidence that at the time of
the alleged murder of Landry he was a
guard at the male defective delinquent de-
partment of the Bridgewater state farm, to
which the defendants had been committed
as defective delinquents and were there
confined; that a few weeks prior to Janu-
ary 1 the defendants planned to escape from
the State farm on that day; that in pursu-
ance of that plan, on that day at about 10 A.
M., they accompanied one Weston, a prison
guard, at his request, into the carpenter
shop; and that they there assaulted him,
beat him to death, and concealed his body in
a toilet. There was also evidence that they
broke into a cabinet containing carpenter’s
tools, and removed therefrom some ham-
mers and chisels and an iron bar which they
used in an unsuccessful attempt to pry open
the iron grating on a window leading to
the outside of the institution and to free-
dom. Shortly afterwards they were dis-
covered by officer Murphy, a guard, on the
fourth floor of the building. They told him
they were “house-breaking” and attacked
him, In an attempt to get away from the
defendants Murphy reached the landing on
the third floor of the building, where the
defendants again attacked him. His dead
body was found underneath a sink by offi-
cers of the institution. The defendants re-

48 NORTH EASTERN REPORTER, 2d SERIES

turned to the fourth floor where they en-
countered officer Landry. They fell upon
Landry and beat him to death, inflicting a
great many wounds on his head and chest.
The defendants barricaded themselves at
the end of a corridor on the fourth floor
with a bed, chairs, table and mattress.
State police arrived reinforcing the guards
at the institution. They went to the place
of the barricade. Smoke was coming there-
from; the corridor was full of tear gas and
smoke and water. Sheppard had a hose in
his left hand, and a hammer in his right
hand. He was standing in front of Millard.
They jumped into cells. They were told to
come out. After a “riot gun” had been
fired a second time, they came out of the
cells on their hands and knees. Sheppard
“made a swing” at sergeant Fratus. State
police officer Moran “swung the riot gun
and hit * * * [Sheppard] over the
head and knocked him on his face.” Moran
also struck Millard over the head with the
gun which “shattered” and Millard dropped
on his face. Sheppard had a chisel in his
belt, and Millard had a hammer in his
pocket. There “were a lot of weapons
around the fioor that were found later.”
During the course of these affrays Mil-
lard’s hand was fractured and Sheppard
received a bullet wound in his chest. They
were taken to the prison hospital. Psychia-
trists, who had examined both defendants,
as well as prison physicians were called as
witnesses by the defendants and the prose-
cution. Their testimony was conflicting,
but the jury could have found that the de-
fendants were high grade morons who had
displayed from early childhood anti-social
traits and criminal delinquencies, in some
instances, in the case of Sheppard at least,
of a maliciously dangerous character which
had required their removal from State
institutions for the feeble minded and con-
finement in the department of defective
delinquents at the Bridgewater institution.
The jury could also have found that neither
of the defendants suffered from legal in-
sanity, and that, though defective mentally,
they had sufficient mental capacity to
formulate and carry through a plan, and
to appreciate the nature and probable con-
sequences of their acts on January 1, 1942,
as well as an ability to distinguish and ap-
preciate the difference between right and
wrong and to be capable of deliberately pre-
meditated action. Commonwealth  v.
Rogers, 7 Metc. 500, 501, 502, 41 Am.Dec.
458; Commonwealth v. Stewart, 255 Mass.
9, 13, 14, 151 N.E. 74, 44 A.L.R. 579; Com-

COMMONWEALTH v. SHEPPARD Mass. 635
48 N.E,2d 630

monwealth v. Trippi, 268 Mass. 227, 230,
231, 167 N.E. 354; Commonwealth v. Zclen-
ski, 287 Mass. 125, 127, 128, 191 N.E. 355;
Commonwealth v. Clark, 292 Mass. 409, 414,
198 N.E. 641. The jury could also have
found that Landry had been killed with
“extreme atrocity or cruelty.” See Com-
monwealth v. Bartolini, 299 Mass. 503, 516,
13 N.E.2d 382.

[1] The first assignment of error of
both defendants is to the denial by the
judge of a motion by each of them for a
change of venue on the ground of alleged
local prejudice, inflamed public opinion
“and bias which is rampant in said county,
the immediate community where the three
victims resided, namely the towns of
Bridgewater, Whitman, and Taunton.”
No evidence was adduced in support of
these motions, which were argued by coun-
sel. It is settled that such motions ought
not to be granted upon mere suggestion,
but that the jurisdiction to order a change
of venue, G.L.(Ter.Ed.) ¢. 277, § 51, should
be exercised only “after a solid foundation
of fact has been first established.” Crock-
er v. Justices of the Superior Court, 208
Mass. 162, 180, 94 N.E. 369, 377, 21 Ann.
Cas. 1061; Commonwealth v. Leventhal,
236 Mass. 516, 524, 128 N.E. 864; Hinck-
ley v. Perrin, 253 Mass. 527, 149 N.E. 320;
Commonwealth v. Millen, 289 Mass. 441,
194 N.E. 463. There is nothing in the rec-
ord to show an abuse of discretion in pro-
ceeding with the trial in the county where
the alleged crime was committed.

[2, 3] The defendants had also been
indicted for the murder of Weston and
Murphy, by separate indictments, but the
prosecution elected to proceed to try the
defendants only upon the indictment for
the murder of Landry. The second as-
signment of error of each of the defendants
is to the action of the judge in denying his
motion that the three indictments be tried
together. The determination of these mo-
tions rested in the sound discretion of the
judge, Commonwealth v. Rosenthal, 211
Mass. 50, 54, 97 N.E. 609, 47 L.R.A.,N.S.,
955, Ann.Cas.1913A, 1003, and as was said
in Commonwealth v. DiStasio, 294 Mass.
273, 279, 1 N.E.2d 189, 193, where the er-
ror assigned was, as here, the denial of a
motion to have several indictments tried
together, “The asserted right to be tried on
all the indictments at once finds no support
in Commonwealth v. Slavski, 245 Mass.
405-140; NE: 405; 22. AAGR: 2818 oe.
The pendency of other indictments did not

affect the responsibility of the defendant
upon the one upon which he was put to
trial.’ No abuse of discretion by the judge
in denying the motions in question is made
to appear.

[4-6] The third and fourth assignments
of error of the defendants are to the ad-
mission de bene of evidence presented by
the Commonwealth relative to the killings
of the guards Weston and Murphy by the
defendants. The Commonwealth in its
opening had promised to show that those
killings were done in furtherance and as
a part of a plan made by the defendants
to escape from the institution, and that they
were an integral part of the chain of cir-
cumstances and events which shortly after-
wards culminated in the killing of Landry.
The evidence was admitted de bene over
the objections and subject to the exceptions
of each of the defendants, who, after its
admission, moved that it be struck out, on
the ground that the Commonwealth had
failed to show any plan with which the
killings of Weston and Murphy as well as
the killing of Landry had to do. The judge
ruled that the motions should not be made
until the conclusion of the Commonwealth’s
evidence. No exception was taken to this
ruling, nor did either of the defendants
thereafter renew his motion to strike out
the evidence in question, The judge was
not obliged of his own motion to strike out
the evidence admitted de bene, and no mo-
tion having been made to that end by the
defendants at the proper time, no error
is shown. Commonwealth v. Johnson, 199
Mass. 55, 59, 85 N.E. 188; Doon v. Felton,
203 Mass. 267, 272, 89 N.E. 539; Haskell
v. Cunningham, 221 Mass. 49, 53, 108 N.
E. 915; Alden Bros. Co. v. Dunn, 264
Mass. 355, 362, 162 N.E. 773, In this con-
nection, however, we deem it appropriate
to say that we are of opinion that the evi-
dence-tended to show that these precedent
killings (of Weston and Murphy) did ren-
der the commission of the crime charged
more easy, more effective “to produce the
ultimate result which formed the general
motive and inducement” of the defendants
and that they were done with that intention
and purpose and so had “such a connection
with the crime charged as to be admissible,
though they [were] also of themselves
criminal.” Commonwealth v. Robinson,
146 Mass. 571, 578, 579, 16 N.E. 452, 455.
See also Commonwealth v. Lubinsky, 182
Mass. 142, 143, 64 N.E. 966; Comman-
wealth v. Snell, 189 Mass. 12, 21, 22, 23,


frame shack,
ams running
to side, sup-

and pulled
x a view of
most at once

-beam, right
own a shot-
ed gun very
d been mur-

leputy cried,
weapon. It
ady for in-
the breech,
ved the trig-
erfect firing

wo men.
>”

D.
' sat across

t looks like

and looked
ut Williams
“Anything

ed. “It’s
should he
umself?”

t shot with
chasing the

1 fired. in
tamined it.
Weapon all

along. Do
lenke’s the

mied excit-
Mexicans

azy now—
1 the Shet-

he deputy.

trupted.
”

mained in
ly, “That
tt we have

ms

Williams = Sald.
tellin’ you all the

ass Ucpellus,
“Ba didn’t finish
evic...e I dug up.”

This was his story. After having
found Chuck’s gun he had gone over to
Henke’s covered truck. Only the two
young daughters were there. He tried to
draw them into a conversation, but the
girls, frightened and intimidated, didn’t
give out any valuable information.

Just as the deputy was about to turn
and leave his eyes fell on a pair of old
worn shoes, which the girls explained be-
longed to Junior.

“I checked them against one set of the
footprints we got, and they match. The
prints follow along the pony’s trail. The
sole of one shoe was worn and the-other
half-soled. There’s a slit out of one heel.
I’m telling you, the shoes and the marks
tally like a couple of pennies. I searched
some more and dug up a pair of cowboy
boots which fit the other set of impres-

- sions.”

“I think you’ve got something there,”
Murray said. “Henke apparently was
building a frame. He knew Waite and
Hartley would be all boozed up on Sat-
urday night. He planned things so as to
throw suspicions on them. And he was
lucky enough to have the Mexicans fall
in the picture. But we still don’t have
a motive we can make stick.”

“You have me there,” Williams snorted,
“but they done it as sure as shootin’.”

“Go bring ’em in,” Murray ordered,
“all three of ’em.”  ~

Williams rose to his feet. “All right,”
he said. “I’m goin’. I have a hunch
Lyons, that punk kid, will squeal first.”

But he didn’t. Lyons sat in his chair,
glaring defiantly, shouting violent protes-

tations in answer to the official’s Tapid- -

fire barrage of questions. The Henkes
wouldn’t talk either.

Murray and - Williams made gloomy
faces. ;

“What now?” asked the deputy.

“Try again tomorrow. A night in stir
might change their minds, Meanwhile,
let the Mexs free—they certainly are in
the clear.”

The following day Murray and Wil-
liams brought Val Henke, Jr., and Lyons
out once more. ;

“Here’s the setup boys,” Murray told
them. “We know everything—and 1
mean everything. There’s no use puttin’
on an act any longer. The old man ap-

S| TR es GPR GANS FRA OA) - RRs Use t ee we
found your shoeprints on the scene, Val,
and on the strength of that evidence we
can go ahead in court. So, better spill

business made it backfire.
“I know what your role was in __
crime. While he shot and slugged Chuck,

WHERE THREE DIED

In this fourth floor corridor of the State Farm at Bridgewater,
Mass., two convicts, Joseph E. Sheppard and Donald Millard, slew
three guards who to thwart a crashout, Shepp
and Millard tried to chop their way out through the hole in the
ceiling by standing on the bed. The guards were killed in fight.


630 M ‘RTH EASTERN REPORTER, 2d SERIES

: SS

43° NB ‘ to escape fendants’ confessions of guilt are admissi-

ceive Yo, % sndent of ble in evidence only when voluntary.

ders Bee bres 27. Criminal law €=531(3)

i 5 Mohan. In murder prosecution, evidence held

ane ue i pti to warrant jury’s finding that defendant’s

3 © ee ee ed confession of guilt was voluntary and that

ers : see iad Meadiae js his physical and mental condition at time
sence

: . b Aras confession was not such as to deprive

: Pas weiss Bight om ps Ise him of consciousness of physical acts per-

hag 2 ac Be a ‘5 #8 formed by him, power to retain them in

ee ee his memory, or capacity to state them with

z reasonable accuracy.
nal law €=1163(3) ;

_is duty of party excepting to admis-

. of evidence to show what harm came

28. Criminal law €=673(4)
In prosecution of two defendants for
ee murder, admission of testimony as _ to
FB a Ba of ne Os ie conversation between witness and one de-
21. Criminal law €=520(1), 522(1) fendant out of other defendant's presence
A confession of guilt, drawn from de- was not error, though trial judge failed to
fendant by threat or promise of favor, is instruct jury to disregard such jet apk in
inadmissible in evidence as not voluntarily passing on other defendant s guilt, w
made, but induced by coercion or promise he plainly instructed jury that same i
of benefit. ness’ testimony as to conversation wit
such other defendant was not to be re-
22. Criminal law €=736(2) ceived against codefendant and stated that
Whether confession was voluntarily testimony as to conversation with such co-
made is question for determination by defendant might be admitted under same
judge in first instance on preliminary hear- Jimitations as testimony respecting wit-
ing, and, if satisfied that it was so made, “rec. talk with other defendant,
het lowing a oor criminal ew emt
timony as to ,
was uae: with instructions . oe it eo uci ae cae ear aga
1 ey feel it is entitled to and to ; 2 » ex
Pe scarp teva it, if satisfied that it clusion of questions ae es eer
luntarily made. cian at such farm as to whet er defen
erat 4 ant was legally removed to cell in depart-
23. Criminal law €=736(2) ment for criminally insane was not error,
In murder prosecution, weight of where physician had already answered
evidence taken at preliminary hearing on three times that he did not knuw whether
question of voluntary character of defend- removal was legal or not.
ant’s confession was for judge, who was 30. Ctiminal law €2485(2)
not bound to give credit to defendant's his datas ok hy nouesieal eutitons, to
testimony as to circumstances under which payehintrist ax to defendants’ mental con-
he Oe ee dition at times of their confessions of guilt
24. Criminal law €>531(1) of crime charged was largely in trial
In murder prosecution, burden’ was on judge’s discretion.
defendant to show compulsion or promise 3) Giiminal law €=351(1)
of favor in obtaining his confession of ee ist Gr he Entindaddl kok War
guilt der, testimony of commonwealth’s wit-
25. Criminal law €=519(1) ness that defendants, who pleaded a
In murder prosecution, evidence of as defense, smoked, ee as © pia
defendant’s confession of guilt in conversa- and did not seem worried a see pak ia
tion with witness three days after homicide outside courtroom, was meric m _ yee
held properly admitted as against conten- reflection on defendants’ failure

tion that confession was. not voluntary. witness stand.

26. Criminal law €=1144(15) 32, Criminal law C554 as fies
On appeals from convictions of mur- The defense of insanity in crimina

der, jury must be taken to have followed case refers exclusively to time of ee

trial court’s correct instructions that de- mission of offense charged, but accuse

COMMONWEALTH y. SHEPPARD Mass. 633
48 N.E.2d 630

conduct before and within reasonable time
of act charged may be considered by jury
in determining his mental condition when

crime was committed.

33. Homicide €=179

In murder trial, commonwealth’s wit-
ness could properly testify to facts within
his knowledge, from which defendants’
mental condition at time of crime might be
inferred.

34. Criminal law €=673(1)

In murder trial, admission of testi-
mony that defendants who pleaded insani-
ty, smoked, laughed and joked and did not
seem to be worried about trial when out-
side courtroom, was not error as permitting
jury to infer from defendants’ failure to
testify that they were feigning insanity,
in view of instruction that jury should con-
fine consideration of defendants’ mental
condition to time of murder despite sug-
gestion that they draw some inferences
that defendants were capable of under-
standing what trial was about and possible
consequences to them.

35. Homicide €=179

In trial of two defendants for murder
of guard at defective delinquent depart-
ment of State Farm in defendants’ attempt
to escape therefrom, evidence of over-
crowded condition of such department,
remedial treatment of inmates thereof,
and recommendations for such treatments
by commissioner of mental health after
date of homicide, was properly excluded as
of little probative force and bearing too
remotely on question of unsettling effect
on defendant’s low mentality, tending to
drive him to act on uncontrollable impuls-
es, and consequent absence of premedita-
tion.

26. Witnesses €>359

In murder trial, exclusion of evidence
of a witness’ conviction of an offense was
not error, where no record of conviction
was presented.

37, Criminal law @=456
In murder trial, where surgeon, who
examined victim’s body shortly after his
death, was not offered, and did not qualify,
as expert witness on’ mental diseases, his
testimony on cross-examination as to de-
fendant’s mentality, based on witness’ ex-
perience and observation of wounds found
on body, was properly excluded.
48 N.E.2d—40%

38. Criminal law €>1169(8)

In trial for murder of guard at State
Farm in attempt to escape therefrom, ad-
mission. of physician’s testimony, in an-
swer to hypothetical question on cross-ex-
amination, that he doubted whether de-
fendant gave enough long range thought
to plan of escape to appreciate what might
happen or intended to kill anybody, was
not error prejudicial to defendant.

39. Homicide G=179

In trial for murder of guard at defec-
tive delinquent department of State Farm
in attempt to escape therefrom, question
asked physician as to whether fact that
statute forbids inmate of institution for de-
fective delinquents to marry indicates that
Legislature thought such -inmates irre-
sponsible was improper, as Legislature’s
opinion on such question would have had
no probative force on issue whether de-
fendant was criminally responsible.

40. Criminal law €=474

In murder trial, testimony of duly
qualified psychiatrist, who examined de-
fendant, that he was not suffering from
any mental disease or insane and was able
to distinguish between right and wrong on
day of crime, was admissible.

41. Criminal law €=938(1)

A motion for new trial on ground of
newly discovered evidence is addressed to
sound discretion of trial judge.

42, Criminal law €=938(1)

In trial of inmate of defective delin-
quent department of State Farm for mur-
der of guard thereat, defendants’ motion
for new trial on ground of “newly dis-
covered evidence” after conviction that
commonwealth’s witness, who had been in-
mate of such department, was recommend-
ed for release about three weeks after crime
and paroled in following month, was prop-
erly denied as against contention that such
circumstance represented element of preju-
dice and persuasion unfairly exercised by
government authorities in endeavor to ob-
tain conviction.

See Words and Phrases, Permanent

Edition, for all other definitions of
“Newly Discovered Evidence”,

—————_—__—

Appeal from Superior Court, Plymouth
County; Brown, Judge.

ye


hg

We

Quaker Martyrs

i85. Stephenson, Marmaduke: A CALL FROM DEATH TO LIFE, .. .
\WRITTEN BY MARMADUKE STEPHENSON, WHO . .. SUF-
FERED DEATH, FOR BEARING WITNESS TO THE SAME
TRUTH, AMONG THE PROFESSORS OF BOSTONS JURISDIC-
TION IN NEW ENGLAND ... London. 1660. 3zpp. Shaved close,

affecting a few letters only, half calf and boards, good.

One of the darker records of Puritan persecution of the Quakers.
Stephenson was expelled from Boston in 1659, on pain of death, for his
preaching the Quaker doctrine. hen he returned he was sentenced
to death and later hung with his companion, William Robinson.
“”. One of the most interesting tracts relating to religious persecu-
tion in America”—Church. A copy of this book brought $705 at auc-
tion in 1919.
CHURCH 569. SABIN 91318. $1250.
186. Stoddard, Amos: SKETCHES, HISTORICAL AND DESCRIPTIVE,
OF LOUISIANA. Philadelphia. 1812. [8], 488pp. (with usual error in
numbering 173/4). Original cloth backed boards, leather label. Inter-
esting ownership stamp on verso of title, usual slight browning, but a
very good copy of this classic.

One of the classic early descriptions of upper and lower Louisiana,
based on the author’s service there as civil and military commandant
in the previous decade. As the western boundary of Louisiana had not
as yet been established, there is some material of relevance to Texas.
HOWES $1021. GRAFF 3994. FIELD 1505. CLARK II-168. RAINES, P. 196.
SABIN 91928. RADER 2984. BRADFORD 5238. WAGNER-CAMP 10C. $500.

Descriptions of Dutch Iniquity

187. Stubbe, Henry: A JUSTIFICATION OF THE PRESENT WAR
AGAINST THE UNITED NETHERLANDS. WHEREIN THE
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100 RECORDS OF THE COURT OF ASSISTANTS

leader : into all truth: & many times Paul: w' Peter: John & others :
wente often to Such places where before they had been: Despitefully
vsed : psecuted & afflicted: & would any speake so often to y® Con-
trary : but such as neither knowes y® power of God: nor y® scriptures :
& to charge vs as Yo": haue dfone] when we came againe: amonget
yo": as if we did acte contrary to y* saying: of xt: when yo": are
p'secuted in one Citty: flee unto another: did he Ever say they must
not returne againe: Did not [P ] say let vs: goe againe: & vin
our Brethren: in Every Citty: where we haue preached y* word of y
lord: & se how they doe: & such as reads y® Acts: may heare: how
we had been p'secuted: & if there be any who [ Jly haue been
led aside: by this falee & abominable thinge : Soe Comonly reported :
in New Engl: (as to Joyne w'*: those: who haue invented it to Cover
their Cruelty :) Either to speake evill of y* way of God: or to persecute
his people: w, out searchinge y® scriptures : to se whether it were So:
for their Sakes & all others who desires to be informed (yt they may no
longer walke w™ Slaunders & w®: a Lye in their hand) I shall Clear
it from y* Scriptures in y® behalfe of y® Truth: though for my Selfe I
doe unfaignedly Say: I can wt: patience beare: w*: they have done to
me to this very houre: & do desire y'y? lord would not lay it to their
charge: For Surely if they knew wt: they did: they would not doe as
they haue done in this thing: Bely y® Ministry of xt. & lay waste y®
Scriptures : as y® sobber Reader: shall heareafter fynd they haue done:
But there is a Generation: yt are soe leavened : wit: malice: & wicked.
ness y' though y* truth be declaired never soe plaine: yet will not
believe it: but are ready to stopp their Eares: like y® blind p secutors
of old: (& if they doe take up Stones to Stone y° publishers of it :) yet
still continues their p'secution: & Soe become like y® deafe adder: w°h,
will not heare y* voice® of y® Charmer: charminge never soe wisely &
Such allwayes resisted y® holy ghost: & will neither enter y™: selfes :
nor Suffer y": yt would: but as any Comes preaching y¢ kingdome of
God : w®. is likened to y® least of all seeds : (but y° p'secuting : spiritt :
canot vnderstand this parrable: neither is it given y™. to know y¢ Mis-
terys of Gods kingdome:) they p'secute those y? preach it: as their
forefathers did: acts: 4: 1:3: “And as they Spake vynto y° people: yé
priests & y® Captaine of ye Temple: Came upon y™: & laid hands on
y™: & put y™. in hold till y® next day: ver: 18: & they called y™: &
Comannded y™: not to Speake at all: nor teach {in the] name of Jesus :
But Peter & John answered & said ynto y™ whether it be right in ye
Sight of God: to hearken vnto yo’: more’ then vnto God: Judge yee:
for we canot but speake y® things wt, we have See[n] & heard: &
when they had further threaghtened y™; they let y™. goe: aft’. this
Peter & John: went ynto their owne Company : & they lifted vp their
voices to God w™. one accord sayinge: ver: 29: & now Lorf{d] Behold
their threatenings: & grant ynto thy Serv®; y' w'®: all boldness: they
may speake thy word: Acts: 5: 17: then y° high priest rose vp: & all
they y' were w": him: (w*: is y® Sect of y* Saduces:) & were Syed
w'; Indignation: & laid their hands on y® Apostles: & Put y™ in y

OF THE MASSACHUSETTS BAY. 101

Comon Prison: ver: 28: & when they were brought before y™: they asked
y'. saying: did not we st[ Jightly Comiaund yo™: y* yo": should not teach
in this name. & behold yo": have fylled Jerusalem - w"™. yor: Doctrine:
then Peter & y° other Apostles : answered. we ought to obey God rather
than men :ver: 40:41:42: & when they had: beaten : y™: they Comaunded
y™: y' they should not speake in y* Name of Jesus: & let y™: goe, & they
departed from y® ptsence of y® Councell: Rejoiceinge yt they were
Counted worthy to suffer for his name (they did not Hee y® City) but
dayly in ye temple & in every house: they Seased not to teach &
preach: Jesus xt: chap: 6: in those dayes y® number of Desciples:
was multiplied: & y® word of God increased & p’secution: also in-
creased: for when they had disputeing: w" Steven A man full of ye
holy Ghost: they were not able to resiste : y° wisdome & Spiritt: by
w: he Spake: then they Suborned : wet: Said We haue heard him
Speake: blasphemous Words agt: Moses & ag’. God: chap: §: at x’
time. there was great p'secution : agt: y® Church wr; was at Jerusalem :
& they were all Scatered abroad throughout y® Regions of Judea: &
Samaria: Except y® Apostles: mark: y® Apostles: were not yet fled:
as for Saul he made havocke of y® Church : Entringe into Every house
& hailing men & women comitted y™ to prison: & therefore they
[that] were Scatered abroad: went every where. preachinge y* Word:
ver: 14: & when y* Apostles: we were at Jerusalem: heard yt
Samaria: had reed: y° word of God: they sent: vnto y™. Peter &
John: & when they had Testified & preached y* Word of y* lord:
returned to Jerusalem : where there had been sreat p'secution : agt: y¢
Church: & can yo": read these Scriptures: & yet say y' y* Serv’: of
xt: after they were p'se[cuted] in any place. returned “not thither
againe: chap: (9:] & Paul after he was Converted: taryed Certaine
Dayes w'; ye desciples: wt were at Damascus: & Straightway he
preached x*. in y° [Sinagogue ?] y' heis y* Sone of God: & Confounded
y* Jewes w, dwelt at Damascus: provinge y* this is y* very Christ: &
after y* many dayes were fullfilled : y° Jewes tooke Councell to kill
him: but their layi

tooke him by night:

when Saul was come ¢ : red t 7 Selfe to y*
Desciples: but th abas tooke him:
& brought : coming in & out at
Jerusalem : lord Jesus: & dis-

Slay him:
Sarria:

Peter passed th

to Jerusalem: & y*
Church : Signified.
by y* Spi y* World: ye
Desciples : every man according to his Determined to Send
releife : vnto y* Brethren: w: dwelt in Judea: w%: also they did &
sente it by y* hands of. Barnabas & Saul: chap: 12:15 :* & Barnabas:


OF THE MASSACHUSETTS BAY.

THE COURT OF ASSISTANTS

+
Q

RECORDS O

iblished for Ever :

s but for a Moment:

shall be Est

The Lip of Truth:

a
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on
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From y® Prison: Plymouth: this: 19: of y* 5me;

by

in divers

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away of

hey de-
ing sent forth:

y' they wente

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3: 4: they be

ke notice :

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1:

mind this well:) y
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ye Word of God:

ent into y

cr
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& preachin

arted

dep

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holy Ghost:

x

wv

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downe &

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the

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y° whole

came allmost
But when y* Jewes Saw y®

sat

Ruler

< Brethren:

&

hen he had

on:
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y°

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& barnabas who Spea[l
race of God: & y® ne

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contradi
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aware of it:

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Love:

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ver: 19:
him out of y® Citty :

Stood round
t day departed :

W
les:

Descip

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Citty: & y® ne

& Iconium :

[ul] drew

n dead: how be it

as y°

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and havin
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prophet

Men
people

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audience :
Congre

were

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continue in y° g
Multitude: the

Citt
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wh:

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regions roundab
people:

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y°

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aboute him:
w; barnabas :

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where before he had been

y ha

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nto Listra:
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e words of x*. whe

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flee vnto another:
caine: therefore in

& to Tconium :
turninge did not
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they must not returne ag

stoned:

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y' thing y

er be Silent: & returned also to

eds

antioch :

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they

ad been preach-

pelled yim: out of
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les:

Soules of y® Descip
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tym: & Ex
te}

© Cittyes & places where they h

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th:standinge all y® Envy

p’secution a:

hey had
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satisfie all reason-

is thus farr clearely proved: to

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pon y

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may hereaft

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went divers times into y

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where before the
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409 TEMPLE STREET |
NEW HAVEN, CONNECTICUT 06511

CATALOGUE THIRTY-ONE

RARE AMERICANA


ed, kissing the hand.
yur brother-in-law?”
h he well knew the

‘riving to repress his
ho knew him could

identify him? This
stigators, a question

reasonably sure that
er they were called
arned was a possible
obbery was a possi-
no, her husband had
unable to find that
3 a Sicilian and they
gth with a view to
iis past history that
y gleaned the follow-

years old and the
he eldest of whom,

Ee ad

¥ . -
DOF Rie LO EE EN

The Mystery of Nantasket Beach 27

Margaret, was eleven. He was a native of Catania, a prov-
ince of Sicily at the foot of Etna’s majestic snow-crowned
cone. His youth had been spent in a fattoria, a farmhouse
a pink, with red tiles. With his dark-eyed sweetheart,
e roamed the mountain slopes, and among the lemon and
orange groves.

When he left his native city for America he left behind
this sweetheart, who, vowing to be true, married his rival
a few weeks after his departure.

Then, through correspondence, Cusumano carried on a
courtship with the lovely Lena Lauro, and when he had
achieved comparative financial independence he sent her pas-
sage money to America. She came at once, accompanie oe
her mother, Mrs. Vincenzo Lauro, and her brother, Michae

Frank, who was a stone-worker, continued to save his
earnings and finally was able to purchase a pretty home in
the Strawberry Hill section of Hull, where he lived happily
with his little family. In order to increase their savings, Lena
took in boarders, among them Enrico Salvatore and Harry
Marshall. Enrico Mascioli was Marshall’s real name but
he had Anglicized it and thereafter was known as Harry
Marshall. There was nothing in this background to aid
the police in their in-
vestigation and they
were still without a
lead.

The two puzzling
features of the case
were the failure of
Marshall to admit
that the body was
that of the missing
Cusumano and the re-
fusal of his wife to
view the remains.
Marshall, they found,
was an_ inoffensive
chap with no police

“That’s mamma’s
quilt!’’ said little Mar-
garet, dramatically,
pointing to the patch-
work quilt (/eft) in
which the victim had
been wrapped

“This is not my friend, Frank,’’ said Harry Marshall

(above), when asked to try and identify the body.

“This man is bald as a billiard ball. Frank’s hair
is black, like mine.”’

record and with a good reputation among his fellow-country-
men. He was many years younger than Cusumano and
possessed a powerful baritone voice with which he regaled
admiring listeners, singing Sicilian love songs to the accom-
paniment of a guitar which he played exceedingly well. His
admirers, under the spell of his seductive music and the in-
fluence of Tuscan Chianti, cajoled and flattered him, calling
him “Enrico Caruso.”

The district attorney of Plymouth County at that time
was Albert F. Barker and he at once became actively in-
terested in the case and held numerous conferences with
Chief Reynolds and other investigators. The story of
Lauro interested him and vaguely he wondered if the
tragedy had its inception on that far distant Mediterranean
island, famous all through history for its people’s flaming
loves and hates.

Wwas Lauro’s story of Cusumano’s Sicilian sweetheart ex-

actly true? He visualized those long evening strolls
through the countryside; the fragrance of lemon and orange
blossoms, and the far horizon, eternally red with the glow
emanating from the smoldering crater above Messina.
There, he knew, human passions seethed as scorchingly as the
molten lava in the great volcano’s breast. And there, too,
was the home of the stiletto and the vendetta, where assassi-
nations are viewed with more or less complacency by the
Campieri—the rural guards.

From that isle where passions of love and hate are un-
curbed had come not only Cusumano, but Harry Marshall,
the singer of native love songs: the man who refused to
identify his friend’s body.

“Have Mrs. Cusumano view the remains and note care-
fully her reaction,” Reynolds directed.

Now let me digress for a moment to point out to the
reader what these small: town investigators were up against
in their efforts to solve this mystery. There were no state
detectives to either assist or interfere with the local police.
Scientific crime detection was practically unknown. All
Reynolds and his co-workers could rely upon was the
shrewd common sense with which they had been endowed.
But they Aap along lines which would have been a
credit to the most experienced investigators.

They brought Lauro to the morgue again, and this time
he indicated birthmarks on the body which made the identi-
fication positive. There was no longer any question but
that the dead man was Frank Cusumano. Then they escorted
Lena Cusumano to Hingham under vigorous protest, ac-
companied by her daughter, Margaret, and Harry Marshall.

rs. Cusumano stoutly denied that the cold form in the
deal-box was that of her husband, and the little girl said
she could not recognize her father.

The woman’s actions, however, belied her words. That
she was deeply affected at the sight of the victim was ap-
parent, and it was also evident that she was struggling to
maintain her composure. She started to touch the face of
the dead man but was restrained by Marshall, who spoke to
her sharply in her native tongue.

“You know this is the body of your husband,” declared
Reynolds, pointedly, “why do you persist in refusing to
acknowledge it?”

The woman glanced at the scowling face of her boarder
and turned away without replying.

Then a strange incident occurred. The little girl, Mar-
garet, who had stood silently eyeing the grim figure as
though fascinated, suddenly called out in childish treble:

“That's mamma's quilt!”

This naive utterance of the child, so significant to the
startled officers, was not overheard by Mrs. Cusumano and
her star boarder, who had just passed out of the building.
So the log-cabin quilt, in which the body of the murdered
man had been wrapped, had come from his own home. Well,
there was plenty of food for reflection in this knowledge.

-Now let’s go back with the investigators to the time just
prior to Cusumano’s disappearance where they began to
check this lead which had been handed to them.

For several days previous to September 18th—the date on
which his wife said he had left home ‘‘to buy a house lot” —

Frank Cusumano had been engaged in hauling ashes and .

other debris from a rubbish heap to his home to fill in some
low land. A small ie in the neighborhood had observed
the log-cabin quilt on the dump one (Continued on page 56)


[ALL

‘round, the caretaker

and tell them there’s
ered. The boy, after
on the sand, started
to see that his grue-

first officer to arrive.
yaulding ?” he asked.

r. “The body of a
iia

is right side with the
ilt was held in place
e neck and the other
iehow, it had become
back was displayed.

the wire. “This is
ced, straightening uP:
i pair of pliers.” He
do some telephoning.

_A. Peterson, Medical
outh County, arrived
few minutes. Then
A. Reynolds.

Peterson said: “Well,
; in the neckP They
e rocks. This quilt,
oaked. It is possible
from some vessel in

ndertaking rooms in
erformed an autopsy.
ort:

ind three cuts on the

- approximately.

Under the piazza of this house
(at left, marked by arrow)
someone had hollowed out a
shallow grave. Had it been
the first resting place of the
mystery victim?

ceding tide

neck; one across the back and one on the right leg. Any
one of the two cuts on the right side of the neck and the cut
on the back would have been fatal. The cut on the left side
of the neck was deep, exposing the bones. In short, the
man’s head was almost cut off.’

“Anything further that you can tell us, doctor?” inquired
the Chief.

“Well, the cuts were made with a sharp-edged tool, like
an axe, and the blows were struck with considerable force—
chopping blows.”

“Now about those wounds on the neck. The man was
struck from behind, of course.”

“Yes, probably while seated. One appears to have been
a glancing blow as though the man had instinctively turned
to avoid it. The others, as I have said, were fatal.’

“The victim was literally cut to pieces, doctor?”

“Yes. All the muscles of the back and skin were severed,
leaving simply the abdominal organs and inner muscles of
the abdomen intact.”

“What was his general appearance?”

“He was prababl about forty years of age; and approxi-
mately five feet, eleven and one-half inches tall: swarthy
oo

“What was the color of his hair?”

“Black. There were a few stray black hairs behind the
ears. Otherwise he was bald-headed, but I think the ab-
sence of hair is due to post-mortem changes. In other words
I think he was not bald-headed in life.”

“Well, now doctor, these wounds which you have de-
scribed would cause profuse bleeding, wouldn't they?”.

“Of course. They would practically drain the body.
There was no bleeds in this body. There was no disease.
It was in a healthy condition.”

“How long is it since the man was killed?”

“That’s a difficult question to answer. I can only tell you

There is some decomposition. I'd say

three or four weeks. But he hasn’t been in the water all
that time.”

(Above) Cross indicates the
spot, near Sunset Point, Massa-
chusetts, where the gashed,
bundled and almost decapi-
tated form of an unidentified
man was deposited by the re-

SKET BEACH *

“‘My husband is away on business,”
said the smiling, raven-haired Mrs.
Cusumano (below). She refused
to go with officers on what she
considered a fool’s errand

And this was the case thrown into the laps of the small
town police. An unidentified nude body of a man, obvious-
ly murdered, with not the slightest clue to the slayer. If
he had been thrown overboard from a vessel the chances
of identification were remote. This seemed the most rea-
sonable theory at the time, as no one, either a member of
the summer colony or a permanent resident, had been re-
ported missing.

Then to Chief Reynolds came a man named Patrick Ca-
ruso. “I haven’t seen Frank Cusumano around for about a
month,” he: said, “and I was wondering if he could be the
man found on the beach.”

Reynolds jumped at this unlikely suggestion and brought
Caruso to the Downey Morgue in Hingham.

The moment the man’s eyes fell upon the victim he
gave an involuntary start. “Except for the fact that this
oe Ae no hair I’d say it was Cusumano for sure,” he de-
clared.

Reynolds recalled that the medical examiner had said that
the loss of hair was due to post-mortem changes, probably
the action of the sea water.

Accompanied by Officers Tremaine and Eugene Mitchell,
junior, Chief Reynolds hastened to the home of Frank Cusu-
mano on H Street in Hull. Mrs. Cusumano proved to be
an olive-skinned beauty, voluptuous and alluring from the
Latin standpoint, her dark eyes gleaming with fire and
ele She refused to consider for a moment that the

ody in the Hingham morgue was that of her husband. It
was impossible, she declared.

“Is Mr. Cusumano at home?” inquired Reynolds.

“No, he’s away on business.”

“How long has he been away?”

“About a month. Let me see, he left home on Sunday,
September 18th.”

According to Doctor Peterson, the man in the
morgue had been dead about a month. The officers ex-
changed glances. “Well, where is he?” persisted Reynolds.

“I don't know. I gave him $250 to buy a house lot and

Zo


y4
tr¢

yo!
in|
not
cat

26 Master Detective

he went away. I haven't seen him since that time.”

“Well, aren’t you worried about him? Why
haven’t you reported him missing?”

The raven-haired Venus laughed scornfully, re-
vealing rows of gleaming teeth. Then with an ex-
pressive shrug, he declared, “I should worry, It
was money | had helped him save. If he doesn’t
come back, well I lose no sleep.”

“Now, Mrs, Cusumano, one man has told ‘us
that he thinks the man we're telling you about is
your husband. We'd like to have you come with
us and tell us whether it is or not.’

Lena Cusumano shook her head decisively. “I
no go. Too busy. | have boarders to cook for
and a house and three children to look out for. |
waste no time on fool’s errand.”

Reynolds was insistent, but the young woman
was adamant. The dead man could not be her
husband because he had gone away, and she had
no desire to go to a dead house to look on the
body of a stranger.

On leaving the Cusumano cottage the officers
encountered one of the attractive Lena's boarders,
Enrico Salvatore, and they gathered him in and
took him to Hingham where he was persuaded to
shear! the remains of the victim cast up by the At-
antic.

“1 think it is Frank,” he said with a shudder at
the sight of the terrible gashes in the nearly sev-
ered head.

The officers returned to the H Street cottage.
“Your husband has been identified by two men,”
Chief Reynolds told the unconcerned matron,
“and now we want you to make the identification
complete. Get ready and come with us.” It was
a command this time.

But again Mrs, Lena Cusumano demurred. She
turned to one of her boarders, Harry Marshall,
and spoke excitedly in Italian. Then to Reynolds,
she said, with the air of one conferring a favor, “If someone
has to go, he go,” indicating Marshall.

Marshall nodded acquiescence. Like Cusumano, he was
a Sicilian, a handsome chap, six feet tall and well-propor-
tioned, with a soldierly bearing. He sported an impressive
black mustache which he was continually caressing. The
sight of a stranger's corpse had no terrors for him, or that
of a friend either, he announced. “I go,” he volunteered,
promptly.

As the undertaker drew down the quilt exposing the muti-
lated head, the officers watched him intently, but saw no
sign of recognition. “No, that is not Cusumano,” he de-
clared, positively.

“Sure about that, are you?” asked Reynolds.

Marshall scowled. “Of course I’m sure,” he replied, petu-
lantly. “Frank, he have mustache, big and handsome, like
mine,” he explained, complacently. Te is not here. His
hair is black like mine, too. Where is it? This man here
he bald like a billiard-ball. No, it is not my good friend,
Frank. | am happy.”

Mr. Downey patiently tried to make it clear that the ac-
tion of the water had loosened the hair and caused it to dis-
appear, but Marshall was unconvinced. A series of grunts
indicated his disbelief at the explanation. “What you say,
it is perhaps so, but I say to you this is not the body of
Frank Cusumano. You think | not know my friend, my
own landlord? It is foolishness, He is away. He come
back. | tell Mrs. Cusumano this is not her husband.”

THE police were in a quandary. The three men who had
viewed the body knew Frank Cusumano intimately. Two
of them had positively given their opinion that the remains
were those of the man who had left home to buy a house
lot. The face of the victim was not marred or disfigured.
Why, after the absence of the hair had been ex lained to
him, had Marshall been unable to identify him? He had
seen Cusumano daily for several years. And why wouldn’t
Lena Consumano go to the morgue and definitely settle the
matter? Her opinion would be regarded as conclusive.

“There’s something queer about this thing,” declared Rey-
nolds, “and I’m going to get to the bottom of it.”

Upon inquiry, discreetly conducted, he learned that Lena

(Above) The police station at
Hingham where the suspects
were questioned about the

body on the beach

had a brother in Bos-
ton named Michael
Lauro. He was lo-
cated and brought to
Hingham. ;

There was no mis-
taking Lauro’s identi-
fication. Upon seeing
the body, he burst in-
to tears. Again and
again, he crossed him-
self as he stood gazing
in horror on the ghast-
ly object lying in a
box partly filled with
excelsior.

Suddenly, he knelt
and drew the dead
man’s hand from be-

neath the quilt. “Bacio la mano,” he cried, kissing the hand.
“You recognize this body as that of your brother-in-law?”
asked Reynolds, perfunctorily, although he well knew the
question had already been
“Yes, poor Frank,’ answ
tears, “there is no doubt.

doubt it.”

Why, then, had Marshall failed to identify him? This
question arose in the minds of the investigators, a question
to which they could find no answer.

With Lauro’s identification they felt reasonably sure that
it was Frank Cusumano whose murder they were called
upon to solve. The first thing to be learned was a possible
motive. That it might have been robbery was a possi-
to Mrs. Cusumano, her husband had
50. Police were unable to find that

bility, since, according
left the house with $2

ered Lauro striving to repress his

Margaret, was ¢
ince of Sicily a
cone. His yout
‘aplene pink, w
e roamed the
orange groves.
When he left
this sweetheart
a few weeks af
Then, throu;
courtship with
achieved comp:
sage money to
her mother, M1
Frank, who
earnings and fi
the Strawberry
with his little
took in boarde
Marshall. En
he had Anglic
Marshall. Th

answered.

No one who knew him could

Cusumano had any enemies, but he was a Sicilian and they {>

questioned Lauro at considerable length with a view to

ascertaining if there was anything in his past history that Cahowes
might furnish a clue. From Lauro they gleaned the follow- “This m

nm facts:

rank Cusumano was thirty-eight years old and the

‘father of three children, all girls, the eldest of whom,

ATR A TP RET 5 IT AI aaa


—

56

Detective

Master

The Mystery of Nantasket Beach

day and its bright colors had attracted
him. He told his mother about it and on
receiving her permission to take it, he
had gone back after it, but was told by
Cusumano that it was valuable and that
he had taken it home. This definitely
placed the incriminating bit of evidence in
the Cusumano cottage and corroborated
the statement of the child that it was
“mamma’s quilt.”

(Log-cabin quilts were by no means
common and this one had evidently been
discarded as rubbish by someone unaware
of its value as an antique.)

Their. suspicions thoroughly aroused
now, the investigators began a carefully
conducted inquiry concerning the relations
of the widow and her boarder who sang
Sicilian love songs.

The Sicilian is naturally close-mouthed
and information is difficult to obtain, par-
ticularly by those not speaking his lan-
guage. Finally, however, the sleuths be-
gan to uncover the evidence which they
suspected existed.

NE woman, a close friend of Mrs.

Cusumano, told of seeing Lena and
Harry in affectionate embraces. “Lena said
to me one day,” declared this woman, “I
love Harry. He is a fine man. I call him
My Biggsa Man. His face is pretty. He
dresses fine and he sings so sweet. If it
were not for the children, | go away with
Harry.”

The most damaging statements, how-
ever, were those of the victim’s old sweet-
heart.

She told of. a talk with Lena Cusumano
in which Lena said:

“T had Frank killed. I paid $35. 1
went into the bedroom where he was sit-
ting on the bed lacing his shoes. Harry
was behind me with an axe and he stepped
out and hit Frank on the back of the neck
with it.” gee ae

“Why did you want him killed?” asked
the young woman.

“Oh, something put it into my head. |
think I'll jump overboard into the ocean
myself.” . ;

“It might be just as well if you djd,”
rejoined the girl.

Upon this evidence Reynolds arrested
Mrs. Cusumano and Harry Marshall and
charged them with the murder of Frank
Cusumano. Both denied their guilt in no
uncertain terms. All efforts to get a con-
fession or even an incriminating statement
were futile.

Now the “third degree” in its generally
accepted sense was unknown. Suspects
were not beaten with a rubber hose nor
deprived of sleep, but a scene was staged
worthy of the best police methods.

Separately, Harry and Lena were con-
ducted into a pitch dark room at mid-
night. For a moment no one spoke. Then
suddenly the light was turned on flooding
the room. On the floor, folded as though
it contained a body, was the log-cabin
quilt which had enclosed the remains of
the victim. Dramatic, but absolutely use-
less so far as getting any perceptible reac-
tion from either of the accused. More
stolid indifference has seldom been seen.

With the two suspects in jail, Reynolds
and his men began an inspection of the
Cusumano cottage on H Street, where
they felt sure the crime had been commit-
ted. Under the front piazza there was a
depression sufficient to have covered a
man’s body. On the walls of one of the
bedrooms were splotches resembling
blood. (This was a room adjoining the one
occupied by Cusumano and his wife.)

(Continued from page 27)

Nothing incriminating was found in any
of the other rooms and the officers de-
scended to the cellar.

Under a pile of stove wood was a wo-
man’s skirt, almost literally soaked with
what Reynolds believed to be_ blood.
There were, also, a woman’s bathing suit,
a pair of bloomers and a pair of woman’s
shoes and all of these were spotted with
what seemed to be blood-stains. In an-
other part of the basement were a man’s
shirt and underwear and two pairs of
men’s bathing trunks all showing the same
character of stains.

In one corner stood a two-wheeled push-
cart, the boards of which were stained,
and in a coal-bin was a red fire-axe with
sinister spots. And this was thought to
have been the lethal weapon.

Chief Reynolds viewed these objects for
a few moments in silence and then said:

“Well, boys, the way | see it is this.
Lena Lauro was. the second choice in the
love of Frank Cusumano and she _ had
never given her heart wholly to him. She
more than suspected that still enthroned
in his dreams was the sweetheart he had
wooed in the orange groves of romantic
Sicily. She had become enamoured of
Big Harry Marshall, the singer of fa-
miliar folk songs, and to their love affair
Cusumano was the only obstacle and they
put him on the spot.

“Now, according to my theory here’s
the way it was done. Cusumano was sit-
ting on the bed lacing his shoes just as
his wife described it to his former sweet-
heart. —Lena came in ahead of Marshall
and concealed his approach. When he
swung the axe Cusumano sensed it, in-
stinctively ducked, and the blow glanced
off just as Doctor Peterson told us. The
other blows finished him. Then they
wrapped the body in the quilt, fastened it
with the telephone wire and buried it in
a shallow grave in the sand under the
front porch.

“G@OME time later, fearing the body

would be discovered, they exhumed it
and trundling it in the push-cart to the
shore, dumped it into the sea. I believe
that Lena Cusumano planned the whole
thing. You recall that the medical exam-
iner told us in answer to my question that
the man cut up that way would lose a lot
of blood. I believe Lena used the skirt
we have here to mop up that blood. I’m
going to send all these blood-stained ar-
ticles to Professor Whitney and get his
opinion.”

Professor William F. Whitney of Har-
vard University was the most famous
blood specialist in America of that era,
but science at that time had not classified
the four types of human blood, in fact it
was then impossible to determine human
blood as distinguished from that of other
vertebrates. One fact, however, the spe-
cialist was able to state positively and that
was that all the articles sent him for ex-
amination were stained with blood.

Theoretically, he was able to add a bit
more. “The blood on the woman’s shoes,”
he said, “was made by drops hitting them
at right angles and it is a fair inference
that the wearer stood close by while a
man was being murdered.”

On October 26th, District Attorney
Barker called a special session of the
Grand Jury and indictments were found
against both the suspects. The evidence
was wholly circumstantial and it wasn’t a
particularly strong case for the Common-
wealth. Shrewd defense lawyers would
probably succeed in discrediting the

stories of the two women witnesses and
find a tenable explanation for the presence
of the blood-stained articles in the house.
So, Reynolds began a more _ intensive
search for further evidence.

Finally, after persistent inquiry, a wo-
man neighbor told of hearing the dying
groans of Cusumano. Doctor Peterson
was again interrogated.

“Would it be possible for Cusumano to
have groaned after being struck with the
axe, doctor?” he asked.

“It would depend entirely upon which
blow was struck first,” replied the medical
examiner. “He would lose consciousness
immediately as a result of the blows on
the right side of the neck. It would be
impossible for him to groan after the
larynx was cut. If the cut on the left
side were made first, he would probably
groan.”

Reynolds decided to question the little
daughter of the victim, Margaret Cusu-
mano, and the story she told was pathetic
and convincing.

“ ABOUT noon Sunday (September 18th)
-™ we all went down to the sea-shore,”
said Margaret, “and went in_ bathing,
mamma and papa and Harry and me.
Papa didn’t go in the water, but dug clams
on the beach. I just waded around near
the shore and mamma and Harry swam
around. When we got back to the house.
papa stopped in the kitchen to rinse his
clams from the sand and sea-water and
mamma and Harry went upstairs.

“Papa lighted the fire and put his clams
on to steam and then went upstairs to
change his bathing suit. He called to
mamma to come down and watch the
clams.

“Well, mamma came down in a few
minutes and she gave me a five-cent piece
and told me to go to the store and buy
some candy. I came back in about half
an hour and went upstairs and started to
go into the room next to mother’s and
daddy’s, where we children slept, when
mamma stopped me. The door was locked
and mamma said: ‘Don’t you ever go into
that room again!’ After that I and my
little sisters slept with mamma.” She
paused.

“And so you never went into that room
again,” prompted Reynolds.

“No, but one night I woke up in the
middle of the night and I saw Harry take
a key out of his pocket and unlock the
door and go in. He took out the bed-
ding and hid it in the sand under the
piazza.”

“Now, when you went for the candy
where were the other children?”

“They went with me. Mamma told us
all to go.”

Reynolds brought out the blood-stained
fire-axe and the child began to cry.

“Did you ever see this axe before, Mar-
garetr” he asked gently.

“Yes,” sobbed the child. “Harry
brought it home one day. | think it was
the day pare went away.”

Reynolds asked only one more ques-
tion. “Did you ever see the axe after
your father went away?” and the little girl
shook her head. “No, sir,” she replied,
faintly.

In the back yard of the Cusumano
house the police found a coil of Number
10 telephone wire and that with the testi-
mony of three corroborative witnesses was
the case for the Government. District At-
torney Barker announced that he was
ready to go to trial.

On February 13th, 1911, the longest mur-

March, 19.

der trial
County b
house, alm
historic P|
Judge WV
District At
Commonw
defense co
of Abingt.
Boston.
Curious
battery of
packed the
tion, while
clamoring
Harry \
shoulder, v
sat erect 1)
conscious «
central fi
smoothed
smug air «
his purple
Lena Cu
suit and
miration ¢
Was a pic’
earrings w
gold chain
far places
and brillia

LOSE a
suppor
that of her
Vincenzo |
shawl abot
various wi!
explosive |
the two w
Somethir
feeling of
officers an
All throug
at Lena’s e
act.

The Cor
than a hi
courthouse
the trip «
manacled t

Marshall
a report |
group of $
his handc
welded rin;
trips to th
walking six
of the cha

There we
for the ed
spectators—
bleached
laced at :
anded ab
at the jur
thumped ¢
District At

The grea
victim was
vertebra 0}
sharp tilts

Other gl
blood-stain
log-cabin q
tors their

ADD:
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will be
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Macfa
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on sa)
the 5t

sae


nald d, 19, left, is charged with Sheppard
ree guards, Howard Murphy,

in the slaying of the th

48, George Landry, 64, and Franklin Weston, 63.
Firemen quickly extinguished the blaze started by
the state farm inmates in the defective delinquent
building. Troopers then surrounded the building and
forced surrender of the rioters in a two-hour siege.

na

Cais Mle

nie FR rag oe

~

bitten gga’

Btmsazag, i


MILLARD qnd SHEPPARD, whites, elec, Mass. SP (Plymouth) 6-25-19)3

In a desperate attempt to escape
from the Massachusetts state farm
at Bridgewater, h E. She d,
24, right, and an acco ce slew
three guards and set fire to a build-
ing. State police answered a riot
quelling a general disturbance with
tear gas. Troopers J. H. Buckley,
R. J. Moran and Sergt. J. B. Fratus,
left to right above, who captured the
two triple slayers, examine a gun —
‘broken in the riot.

3 STARTLING DETECTIVE, APRIL, 19h2.


C. “TAIL LIN 5

MAD

ged+Salem, Mass. 7- 19-1

Behind the Witchcraft Trials

HE DEVIL IN THE SHAPE OF A WOMAN |
vitchcraft in Colonial New sel

'y Carol F. Karlsen

A\S - Norton; 400 pages; $22.95

‘EVIEWED BY LAURA LEDERER

gnarled old women with frightful wart-ridden faces
‘and pointed hats, boiling cauldrons of “eye of the
ewt, toe of frog, wool of bat and tongue of dog.”

Be most Americans, the word “witch” brings to mind

Beyond these cliches, however, lies an incredible story
f thousands of women who were persecuted, tortured and
ymetimes put to death. Scholars disagree about the num-
ers, but even the most skeptical estimate. tens of thousands, _
nd several pee says } millions...» - ~... 4

“In “The Devil in the Shape ofa Woman” Carol Savio :

rofessor of history, at the University ‘Of Michigan, asks a |
uestion that is so basic it has ‘been ‘almost completely
mored by scholars: “Why. “were most “witches women?” ‘)
Vhat she discovers — tte way of demographic, cultural and:

4 Pay

evealing.

“ Witches, Karlsen says were § most often: ‘women’ ‘over 40
ho stood to inherit goodly sums of money or property from “ ‘
usbands, fathers or brothers. The majority were unmar?*!
ied or widowed, and if they had children they were usually ©
aughters, Witch -hunting, she suggests, had much more to |
0 with maintaining a patriarchal social system — with all
1¢ attending questions of inheritance, power and authori-*

/, and how and.to whom these would pass — than it did

ith the Devil pospeseing one’s soul,” pied aa

Buss

arisen : writes ‘that she has “examined thousands ‘of
ages of primary source material on the trials of;women :.
ecused as witches, ‘and she quotes generously from their
arious sad stories to demonstrate and prove her points.
‘hen, for example, Katherine Harrison's husband John, a

ealthy Connecticut landowner, died in 1666, she and their
iree daughters became the wealthiest women in the coun:*
', Shortly after his death, Karlsen‘ writes, Katherine ap-'’
eared in court to defénd herself against charges of witch- °
-aft by her'neighbors, and to. petition the: “Fathers of the.’
ommonweale” for relief from extensive vandalism to her.’’
‘ate, including a’hole bored in the side of her cow, a heifer .'
shed to death, the back of a steer broke a corn STOR:
Annoyed by trampling.- nei we. nose :

“Court records show that’ ‘neighbors accused Katherine.
"being a. witch because “she did often spin so great a

ot

quantity of fine linen yarn as the: said (neighbor) did never

_ know or hear of any-other. woman that could spin so much.”

Katherine moved to a neighboring county soon after this

. court-case, but her reputation for witchcraft followed her.

For the next two decades she. was in and out of court
defending herself from witchcraft charges and attempting

"to keep her-estate intact. In a final trial she signed her estate

over to a male overseer to end neighborly “jealousyes and ..
feares.”

Her sanienporery, Susanna Martin, was not so lucky.

Susanna stood to inherit a goodly sum from her father, but

“she was accused by neighbor Bernard Peach of bewitching
him in the * night. At her trial, shart claimed that he “saw

FROM “THE DEVIL IN THE SHA

ae ie me

Je.

Susanna Martin com in at the window and jumpt down up.
the flower. She was in her good and scarf and the same dre
that she was in before at metting the same day. Being co
in, she was coming up toward the deponents face but turn
back to his feet and took hold of them and drew up his boc
into a heape and Lay upon him about an hour and half «
two hours, in all which taim this deponent cood not stir n:
speake ..”

Susanna seems to have answered these accusations wit
laughter, explaining, when the judge reproached her, “W<
I may laugh at such folly.” She was found guilty of witc
craft and executed in 1692 with five other women.

In a fascinating chapter entitled “Brands Plucked Q:
of the Burning,” Karlsen examines the age, marital stati
and economic position of the accusers and finds that {
percent of them were also female. The most active.accuse
in New England were very young: 16 to 25 years of age. TI
majority were servants, poor and unmarried, with very fe
prospects for the future. They were in the opposite positio
of those they accused of being witches.

But this fact was rarely brought out in the trials, tits
it manifested itself in odd ways: For instance, Elizabet
Knapp told her pastor that she was possessed by an olde

q = woman in town whom she thought a witch. Elizabeth fr:

quently called out the words “money, money” and declare
. that the Devil appeared to her many times to offer to mak
5 her a witch and to provide her with “money, silks, fir
# clothes, ease from labor.” Elizabeth resisted, with the help

4 x her pastor and the support of her community, but apparen

ly that was not enough, as the pastor reports that a few day
later the Devil in Elizabeth Knapp took over completely.

Karlsen places the entire witch-hunt hysteria in th
context of the larger economic, social and political struggle
= that were taking place in New England in the 1600s, inclu:
ing conflicts between gender, class and religious sects, an
states that witch-hunts were used to ease tensions partic
larly between men of different social orders and ranks, On
wishes there were a bit more discussion of this theor:
which she introduces rather late i in the last chapter.

In addition, one longs for an epilogue that would tie th
meaning of witchcraft in colonial New England to th
meaning we give to witches now. In spite of the occasion:
bumper sticker that reads, “My second car is a brogm.
witches remain connected with Halloween, horror and vic

“lence. Perhaps this superb book wjll help change our iminds
Pos iy erie eee

F2 6 -/IGF

Berkeley writer Laura Lederer edited the feminist ee
"Take Back the Night.”


for medical services he had rendered, As
he entered the courtroom and beheld the
array of witnesses prepared to testify for
his patient, he at once withdrew his suit,
protesting that although his fees were
just and equitable and were unpaid, he
was sure he could not receive justice.

Another of Dr. Wilson’s oddities was
his reticence concerning his early life prior
to his coming to Vermont. Questions
about that period were plainly resented or
evaded and naturally this gave rise to
suspicion and started gossip of an uncom-
plimentary nature.

PEOPLE. began to ask questions among

themselves. Who is this Dr. Wilson?

What is he trying to hide? It must be
something to his discredit, they said.

One detail which made the doctor an
object of special attention was his strange
attire, On the hottest day in summer he
habitually wore a cotton muffler around
his neck, reaching to his ears and drawn
high up in the back.

‘Another idiosyncrasy that came to be
noticed because of its perpetual recur-

rence was this: When he purchased a new |

pair of boots, he always refused to try

them on in the store but insisted on taking °

them home to test them at his leisure, and
often he would take home two or three
pairs before finding a pair that fitted him.

Then one day he visited a patient who
was reading in a Boston paper the story
of Captain Lightfoot’s confession made
just prior to his execution.

Angrily, the doctor snatched it from
her hand and threw it into the fireplace.
“You ought not to spend your time read-
ing stuff like that!” he exclaimed, roughly.
“You should seek to improve your mind.”

The woman was amazed at his action .

and his vehemence. Why, she wondered,
should Dr, Wilson be so greatly exercised
as to act in such a rude manner?

This incident was followed shortly by
sensational news, The eccentric doctor's
wife was suing for divorce, alleging cruel
and abusive treatment.

Mrs. Wilson won her divorce, but what
constituted the “cruel and abusive treat-
ment” of which she complained, was not
made a matter of record. Rumor said

that she had discovered something in the
past life of the physician which made her
determined to leave him.

It didn’t take long for gossip to resolve
this abstract conception into concrete
form,

“Know what I think, Ezra?” inquired

one farmer of an old crony. “I think this
Dr. Wilson is that villain Captain Thun-

derbolt we’ve read so much about. They
say he’s here in New England some-
wheres.”

“Mebby you're right. I notice that in
the tap-room he allus sits with his back

- ter the wall.”

al * *

Early in March, 1847, Dr. John Wilson
became ‘seriously ill. He was a difficult
 ompcon Under no circumstances would

e permit his attendants to undress him.
On March 16th, he died—died with all his
clothes on at the age of sixty-three years.

With his death many puzzling facts
came to light. If he were not in reality
the notorious Captain Thunderbolt, there
was certainly a great similarity between
them. . ,

The year previous to his death Dr.
Wilson told one of his neighbors that he
was sixty-two years old and according to
Captain Lightfoot, Thunderbolt was born
in 1784, which would have made him sixty-
two in 1846. :

ONE of Dr. Wilson’s attendants in his
last illness said that when only half
conscious the doctor would talk of inci-
dents mentioned in Lightfoot’s confession ;
then suddenly rousing himself would in-
quire anxiously what he had been saying.

On the back of Dr, Wilson’s neck,
hidden by. the muffler, was a deep scar.
On the calf of one of his legs was a scar
about the size of a silver quarter which
had the appearance of having been caused
by a musket ball, It will be remem-
bered that Thunderbolt had been wounded
in the calf of the-leg by a bullet which
Lightfoot had cut out with his penknife.

This leg was a trifle shorter than the
other and somewhat withered. A cork. heel

- had concealed. a..limp and . bandages

swathed about the leg gave it the apparent
size of the other.

Several persons said that Dr. Wilsou

had told of being in the West Indies at’,

one time. .
Among the doctor’s effects were found:

3 English double-barreled guns.

3 pairs of old English pistols.

10 gold and silver watches of an-
tique pattern.

1 very large clasp knife.

There were also several swords,
one with a straight, sharp-pointed
blade, rusty, with the edge badly
hacked and having a_ basket hilt
for the protection of the hand.

There was missing, however, a valuable
diamond necklace which the doctor -had
exhibited with pride to several persons
after the divorce of his wife.

“Here’s a nest-egg she never discovered,”
he said, “It’s worth $7,000 and she would
have been proud to have worn it.”

When asked where he had obtained it,
Dr. Wilson replied: “It was my mother’s.”
But he had said his mother was the wife
of an honest blacksmith, and such an
article was far beyond the means of either
of them,

Now let’s summarize the similarities
between Dr. Thunderbolt and the Ver-
mont physician, Dr, John Wilson:

Both were born in Scotland.

Both were of the same age.

Both were of the same height.

Both were dark complexioned,

Both had scars on the calf of the leg.

Both had been in the West Indies.

Both had studied medicine.

WN addition to these points of resem-
blance we have the concealment of the
neck scar with a muffler; the conceal-
ment of the leg injury with the cork heel
and the peculiar behavior of Dr. Wilson,
such, for instance, as his-refusal to try on
boots in the store which would have
revealed the cork heel—and his refusal to
be undressed.. Also the impulsive destruc-
tion of the newspaper containing the story
of Lightfoot, his reference to Lightfoot
when semi-delirious and his worry as to
what he might have said at that time.
Lastly the significant articles which after
his death were found to have been in his
possession.

(Below) Salem, Massachusetts, as it looked when Lightfoot evaded
quarantine and came ashore from the brig, Maria.

He found

employment in the home of E. H. Derby, left of the courthouse

MASTER DETECTIVE

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