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The Lawyers Carve Up the Golden Goose

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Thursday, December 07, 2017

WILD CARD IN KANSAS CITY

I think if the train had been late, things might have turned out differently. Perhaps the waiting men would have attracted attention, or grown bored or been out of position. But the overnight Missouri Pacific train from Fort Smith, Arkansas was unfortunately right on schedule, pulling into Union Station on Track Twelve, at 7:15 A.M. on Saturday 17 June, 1933. And because it was punctual, the train efficiently and smoothly delivered three FBI agents, three local cops and one gangster right on time to their destination. And then there was the wild card in the deck, which turned all the aces into eights.
It all started 24 hours before with the capture of Frank “Jellybean” Nash, “the most successful bank robber in U.S. history”.
Frank was a 20 year career thief who worked with the Barker gang and the Dillinger mob among others, and of whom it was difficult   “…to find anyone who didn't have something nice to say…”, according to Clyde Callahan, co-author of the book “Heritage of an Outlaw”. Even the cops liked "Jellybean"  
While serving a 25 year term in Leavenworth (above),  in October of 1930,  Frank walked right out the front gate, carrying a copy of Shakespeare under his arm.  No one even thought to stop him.
Frank was so often employed as a bank robber after his escape, and so well paid that,  in the summer of 1933,  he could afford to take his wife and daughter on a vacation, to the resort town of Hot Springs (above), southwest of Little Rock, Arkansas.  And it was there, on 16 July, that two FBI agents,  Joe Lackey and Frank Smith, along with an Oklahoma police chief, Otto Reid,  captured "Jellybean"  in a Hot Springs cigar store.
Dick Galatas ran gambling in Hot Springs, and he took the arrest of an underworld tourist in his territory, personally.  The local cops,  who were paid more by Galatas than by the taxpayers,  threw up roadblocks on the highway back to Little Rock  calling Frank a kidnap victim.  But anticipating this,  the FBI took their prisoner northwest,  on the long drive to Fort Smith.  There they planned on catching  the 8:30 P.M. overnight train to Kansas City. They even wired ahead to Special Agent in Charge of the F.B.I..’s Kansas City office, Reed E. Vetterli,  to meet them at Union Station in the morning. 
But the  train was late in arriving at the Fort Smith station (above),  and a stringer for the Associated Press spotted the three men and their shackled prisoner in the waiting room. Before midnight the story broke over the wires, in time to be printed in the early addition of the Kansas City morning newspapers : “Frank Nash…was recaptured today at Hot Springs, by three Department of Justice agents…They revealed the identity of the prisoner for the first time here...”  Meaning in Fort Smith.
Galatas,  in Hot Springs, had already asked for the help of Johnny Lazia (above, coat less), who ran gambling and vice for the Pendegrast machine, which controlled Kansas City.  A newspaper editor at the time described the level of mob activity in that town, “If you want to see some sin, forget about Paris. Go to Kansas City.”
And the man Lazia assigned to this problem was an old buddy of Frank Nash’s, an ex-South Dakota Sheriff turned bank robber named Vernon Miller (above).
Miller called in at least two more gunmen to assist him,  their identities disputed to this day. The FBI claims it was Charles Arthur "Pretty Boy" Floyd and Adam Richetti,  who just happened to be passing through Kansas City that morning. But there were numerous other gangsters who would have willingly stepped up to help "Jellybean" escape.  And now might be a good time to address the question of why crime in America in 1933 was so well organized but law enforcement was not.
When J. Edgar Hoover (above) took over the Bureau of Investigation in 1924 he commanded just 400 agents.  He spent the next forty years battling small “r” republicans, who were suspicious of a big federal police agency. Hoover eventually overcame their resistance, growing the F.B.I in both numbers and budgets. And yet, until 1963, Hoover still denied the existence of any centralized crime organization in America. But it was there. During the 1920's it was a called the syndicate or the mob,  but after the Great Depression it became the mafia, and was dominated by Italian Americans thanks to their overseas contacts.  Even after the Appalachian Conference of November 1957,  where more than 60 criminal bosses from the U.S., Canada and Italy were detained by local cops in upstate New York,  Hoover still insisted, “The F.B.I has much more important functions to accomplish than arresting gamblers all over the country.”  Whatever his reasoning,  too many people paid with their lives for his denial.
That morning of 17 June the two agents,  Frank Smith and  Joe Lackey and Oklahoma police Chief Otto Reid, left the train heavily armed. According to research done by Pulitzer Prize winner Bob Unger – “The Union Station Massacre: The Original Sin of the FBI” - agent Lackey inadvertently grabbed a pump action Winchester Model 1897 shot gun, which belonged to Chief Reid, who grabbed Lackey’s twelve gauge, also by mistake.
On the platform they were met by Agent in Charge Reed Vetterli (above)...
and agent Ray Caffrey (above),  ...
along with two K.C. police detectives, William "Red" Grooms (above)...
 and Frank Hermanson (above).
 As the seven men moved through the cavernous station they formed a "V", with their handcuffed prisoner, "Jellybean" Nash,  protected in the center.   A four door Chevrolet was parked in front of the station, head in, and K.C. policemen Grooms and Hermanson screened the car from the front. Nash was first placed in the front bench seat, behind the steering wheel. Agents Lackey and Smith and Chief Reed sat in the back. 

As Agent Caffey was about to enter in the driver’s side door, Joe Lackey noticed three men appear from behind a green Plymouth parked in the space in front of them  At least two carried machine guns. One of the gunmen called out, "Hands up! Up, up, up!"  Instead, the F.B.I. says, the gunmen opened fire. In that first burst of machine gun fire, KC police detectives Bill Grooms and Frank Hermansom were killed, and Agent-in-Charge R.E. Vetterli was wounded in the shoulder, crawling toward cover.
But according to Bob Unger's research,  it was right at the beginning that Joe Lackey (above) found himself holding the wild card.
The Winchester 1897 was a WWI army surplus shotgun and lacked a safety feature most shotguns have – a trigger disconnect, or a safety.  In the slam mode this “trench sweeper” would automatically fire if the trigger was compressed at the same time the action was pumped, forcing a round into the chamber. Unfamiliar with this feature, and without even waiting to get his weapon up,  Lackey pumped a first round into the chamber. As he did so the weapon went off and blasted a load of ball bearings into the back of Frank Nash’s head (below), just 12 inches away.  A stray pellet also went “…right into the side of the head of agent Caffrey” who just getting into the car.
As proof Unger offers an image of the Chevrolet's windshield,  taken shortly after the shooting stopped and the wounded had been removed (above) .  Shattered glass is scattered over the car's hood, indicating the shot gun pellets came from inside the car, where the FBI agents sat,  and not from outside,  where the attacking mobsters were. Also, witness Harry Orr, just feet away in his cab, testified, "I saw one man with a shotgun, and he was trying to fire it." And this was just before the shooting started. 
Panicked at the unexpected explosion, Lackey pumped the action on the shotgun a second time, and again the weapon immediately discharged.  Bill Unger described what he thinks happened next. “Hermanson is in a direct line between Lackey and the machine gun wielders. Joe Lackey gets off a second shot, which takes of the left side of Frank Hermansons’ head…. 
"So here we are in the first two seconds of shooting, and already Frank Nash – the top of his head is gone and he is dead, and Ray Caffrey is dying of a fatal wound….And Hermanson is dead. So far no one has fired a shot except Joe Lackey…
"At this point everyone begins to shoot, and there’s massive firings by machine guns...and by the time all of this is over, Bill Grooms, the other Kansas City policeman, is also dead. (above, lying between the cars). And Reed in back seat….when they finally get to him, he has a fatal wound…”.    When one of the gunmen finally got close to the Chevy,  he glanced inside and shouted, “They’re all dead. Let’s get out of here.”
They weren’t all dead. Agent Lackey was wounded three times and barely survived. Agent Smith, having ducked behind an adjacent car when the shooting started, was uninjured. Agent-in-Charge Reed Vetterli had made it inside the train station, bleeding from a wound in his shoulder.   The entire shootout took less than 60 seconds. And that quickly the Kansas City Massacre was over.
Of the men who could be proven to have been responsible for the shootout, Vern Miller (above) was found mutilated and murdered outside of Detroit, Michigan,  5 months and two weeks later. And one week short of the first anniversary of the massacre, John Lazia was gunned down out side of his hotel in Kansas City. Rumor at the time said the syndicate running organized crime in America had issued orders that Nash was not to be helped because of the publicity surrounding him. And ballistics tests run decades later indicated the gun that fired the bullets which cut down Lazia, had also been used in the massacre. As he lay dying in a hospital, John Lazia asked his doctor, “Doc, what I can't understand is why anybody would do this to me? Why to me, to Johnny Lazia,  who has been the friend of everybody?”
It was a question that Frank "Jellybean" Nash would probably have asked,  if it hadn't been for that wild card.

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Wednesday, December 06, 2017

VICKSBURG Chapter Forty-Five

CHAPTER FORTY-FIVE
The first outward indication of Grant's shift in strategy came shortly after 4:30am on Wednesday, 13 May, 1863, when the bloodied troops of General Logan's 3rd division marched through the village of Raymond, and surprisingly took the right hand fork in the road. They were heading not toward the capital of Jackson, just 25 miles to the east, but north. At an average pace of 3 miles an hour, on a relatively good road, by noon they had reached the railroad town of Clinton. Before the war 20,000 bales of cotton a year had been shipped through this little village, but destroying this profit making center of the Confederacy was not why Grant was so eager to capture the place.
After the bloodletting of 12 May, General John Gregg (above) withdrew his battalion north of Raymond to a line along Snake Creek. But he could not stay there. His little force was now reduced to less than 3,000 effectives - healthy men still in organized units with ammunition and the spirit to do battle. But this was the only force available to defend the state capital. Allowing his men a few hours of rest, Gregg pulled them back further to Mississippi Springs. But in the process, because the Texas General had no cavalry, he lost contact with the Yankees. The afternoon of 13 May, 1863, Gregg returned to Jackson, to push every man he could westward, to defend the city.
The small, almost insignificant village of Clinton, Mississippi fell without a shot fired in its defense. In effect, Grant merely extended his arm, that appendage being Logan's division (above), and the great prize the Federal armies had striven for the past 5 months, dropped into the palm of his hand like a ripe fruit. He now had only to close his fist and the Gibraltar of the Confederacy, the western post supporting the thousand mile long jugular that pumped life's blood from the bounty of the trans-Mississippi region across the continent to Richmond, Virginia would be sliced in two. The instant Yankee soldiers picked up the first ten foot long iron rail from its bed or set fire to the first bridge over a dry creek along the Southern Railroad, the 45,000 rebel soldiers 40 miles to the east defending Vicksburg were cut off.
The Yankees spent the afternoon tearing up rails for a mile or more to the west of Clinton Station. Anything in town they could not eat or wear or use to rearm themselves, they burned. And while they did, McPherson pushed the 13 regiments of 33 year old Brigadier General Marcellus Monroe Crocker's 14th Division out the Jackson road. And before the tail of McPherson's XVII Corps had even reached the fork in the road, the 17,000 men of William Tecumseh Sherman's XV Corps marched into Raymond on the Utica road. The next day, 14 May they were to strike at the capital of the state of Mississippi.
The first effect of the war on the 3,000 residents of Jackson was that it unleashed inflation. Within a year a pair of boots cost as much as $125.00, a pound of sugar was going for $3.50, Tea cost $7.00 a pound and locally grown watermelons cost up to $25.00 apiece. Still, the war remained a distant abstraction until April of 1862, when trains delivered a small portion of the the 8,000 wounded from the bloody fields around Shiloh Church, Tennessee. 
That winter Jackson was encircled by a single “mild” trench dug by slaves, when Grant first invaded the state. By then the population had almost doubled, consisting mostly of families of state workers, and those employed by the Southern and the New Orleans and Ohio Railroads, and the cities' textile and war industries, which turned out leather shoes and cotton uniforms and tents for the states regiments.
And there was also the Jackson Arsenal, in the College Green neighborhood, 2 blocks east of the state capital building (above)  and a block south. 
In the 2 story brick North School building in College Green – the boy's school - some 80 men, women and children assembled ammunition, small arms' cartridges up stairs and artillery shells on the ground floor. 
The work was hard, the pay was low, the conditions abysmal, and the outcome inevitable. At about 3:00pm on Wednesday, 5 November, 1862 there was horrific explosion, which blew apart the school. This was followed by fires which set off many of the stored munitions.
The Weekly Mississippian reported 2 days later, “ All the men and women employed in the building...had been hurled to instantaneous destruction...One man had a leg torn off and his brains literally blown out. The body of a poor girl was hanging by one foot to the limb of a tree...her clothes were still burning. Other bodies were blown to the distance of from fifty to one hundred and fifty yards, and presented a mutilated and most shocking appearance. The packages of powder and the shells were yet continually exploding...The fire engine was promptly on the ground, but could not do much owing to the want of water.”
It would appear that several people in authority knew full well the unsafe conditions in the arsenal, since, as the Mississippian pointed out, “The officers in charge of the Arsenal...save one superintendent, were not on duty at the site.” One was, in fact, “in his sick room.” Those who died did so because they needed the money, and because they were dedicated to the cause.
Then, at about 10:30pm that very night “...a fire broke out in (a South State Street)...jewelry and dry-goods establishment...The fire raged northward...and destroyed the house occupied by Mrs. Evans as a millinery establishment and continued its ravages to Mr. Weirs, next to John Martz, next to Mr. John Robinson's where the progress of the flames was arrested. Also destroyed was the depot of the Southern Railroad with several surrounding buildings. Several bales of cotton and a considerable quantity of goods were also destroyed..." One resident noted that before dawn, many of the goods saved from the burning homes and stores were then stolen by looters. Now it felt as if the war was  truly coming to Jackson.
A year of dread followed, and it began to weigh upon the citizens. As soon as Grant had crossed the Mississippi, General Pemberton had advised the governor to send the state archives into the interior. People took note of that. Less than a week later, civilians were looking for safety. The Mobile Register and Advertiser newspaper noted “The trains for the interior are crowded with non-combatants, and the sidewalks blocked up with cases, barrels, old fashioned trunks and chests,..."  Civilians were getting out, and soldiers, like General Gregg, were coming in.
And the night of Wednesday, 13 May, 1863, General Gregg was startled to discover yet another arrival in the capital of Mississippi, Lieutenant General Joseph Eggleston Johnson. No one had been told to expect the old man. But Gregg welcomed him, particularly because he was closely followed by 3,000 reinforcements.
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Tuesday, December 05, 2017

POLITICAL SPEAK

I wonder how many of you know, dear readers, that the word “Gobbledgook”, meaning a nonsensical word or phrase designed to imply importance but in fact meaning nothing, has an actual birthday? The word was born on Sunday, 21 May, 1944,  in the pages of “The New York Times Magazine”. And it is just one of the many new English words born out of American politics. For example...


In 1812 the Massachusetts’s legislature contrived, with the help of Governor Elbridge Gerry (pronounced "Jerry"), to redraw the lines for the Essex County Congressional District, to insure a Thomas Jefferson Democratic-Republican won the elections there. According to legend it was famed painter Gilbert Stuart who first examined the twists and bends and curves of the new district and observed that, to him at least,  it resembled a salamander. But whoever said it first, it was Benjamin Russell, editor of the Boston Sentinel, who renamed the proposed district a Gerrymander, after the Governor. That name now applies, as a verb, to the redrawing of congressional district boundaries (Gerrymandering) to insure the election of one particular candidate or party. And allowing politicians to control the drawing of districts has Gerrymandered all negotiations out of American politics.

Almost as old is the word “Bunko”, meaning a fraud or a fraudulent spiel used by salesmen to sell bad or fake products.  Police departments around the nation still have squads of officers assigned to uncovering fraud and cheating scams, named “Bunko Squads”. Some linguists say this word originated with a Mexican card game, a version of three-card monty, but all of that is just so much "bunk".  Thirty years earlier the word was used to describe a speech by Felix Walker, a congressman from North Carolina.
Walker had been born in 1753 in the mountains of western Virginia. He worked as a store clerk in Charleston, South Carolina, and tried homesteading with Daniel Boone in Boonsboro, Kentucky. He fought in the American Revolution, and served in the North Carolina House of Commons, the state legislature. In 1816 he was appointed to Congress, to represent the Blue Ridge ‘hollars’ and the French River valley of Buncombe Country.
The county was named after American Revolutionary War hero Colonel Edward Buncombe, who had been wounded and captured at the battle of Germantown, in 1777. Recovering from his wounds in occupied Philadelphia that May, Colonel Buncombe was sleepwalking when he fell and bled to death when his wounds reopened. The new county named in his honor was so large it was locally referred to as “The State of Buncombe.”Facing contentious re-election in 1818 and again in 1820, Felix Walker quickly learned the value of a well publicized and well received speech. And on 25 February, 1820, while the House of Representatives debated the crucial issue of the “Missouri Compromise”, deciding whether or not to take the first step that would lead to the Civil War, Congressman Walker arose and began to pontificate about the wonders of his district. The leadership were ready to put the matter of the Compromise to a vote, and after listening to Walker’s rambling speech for several minutes, they urged Walker to stop wasting the congresses’ time and sit down. But Walker explained that his speech was not intended for the benefit of the congress, but for the "simple folk of Buncombe County back home". And then Walker returned to his endless platitudes.Almost overnight Walker’s speech was transformed from being about Buncombe to being “pure Buncombe” itself. And, with a little modification in spelling, it changed from "Buncombe", to "bunkum", and then to "bunk", as in a useless, pompus and empty speech, or :bunko" a false promise intended to further a fraud:an entirely new word had been added to the English political language.
Gobbledygook is a 20th century invention, and first appeared in an article about an internal government memo. The author of that memo and that article, and the inventor of the word, was Texas Congressman Maury Maverick (above), who was one of those rare politicians who actually believed that politics was a form of public service. He won a silver star and 2 purple hearts in WWI. And then he ran for Mayor of San  Antonio, Texas
He was limited to one term because during his term a communist rented a meeting room in the Civic Auditorium (above, left) . Legally Mayor Maverick could not refuse to rent the room. But his opponents were able to rabble rouse a little Texas-Hysteria, complete with tear gas shells being lobbed back and forth in front of the auditorium. His was defeated for re-election.
Maury Maverick later won election to Congress, where, in 1944,  he was named chairman of the "Small War Plants Committee" -  overseeing and coordinating the work of thousands of small factories all across the United States, seeking to avoid duplication of their efforts, shortages of raw materials and general waste.
Being a man interested in results,  Maury (above) quickly grew frustrated with the growing complexity of official language which prolonged the already almost endless committee meetings he had to attend .
He defined his new word as a type of talk which is long, vague and  pompous,  "…when concrete nouns are replaced by abstractions and simple terms by pseudo-technical jargon…".  It all made him think of the wild turkey’s back home, and their conversations which sounded like,  "gobble, gobble, gobble, gook".
In his memorandum (above) Maury ordered, in pure Texas style, "Anyone using the words “activation” or “implementation” will be shot”. Of course no one was executed. But perhaps because no one was, the continued human attraction to verbosity has since produced such nonsense such as "Pentagoneze", "Journaleze", "circumlocution", and other such gobbledygook phrases used to describe Maury’s gobbledygook.
In an interesting (I think) side note, gobbledygook was the Maverick family’s second addition to the American lexicon. The first was their family name. There was a Maverick aboard the Mayflower. And 17-year old apprentice, Samuel Maverick, was shot down by 'lobster backs' at the Boston Massacre (above). But the most famous Maverick of all was another Samuel, born in Pendleton, South Carolina in 1803.
This Maverick, Samuel Augustus Maverick (above), graduated from Yale in 1825 and was admitted to the bar in 1829. A year later, he ran for the South Carolina Legislature, but his anti-secession and pro-union positions contributed to his defeat.  In 1835 Samuel Maverick moved to Texas. He was one of two men from the rebels from the Alamo elected to the Texas Independence Convention, and he thus missed being butchered when Mexican troops captured the mission.   He was elected Mayor and then Treasurer of San Antonio, and later served in the seventh and eighth Texas Congresses. He also dabbled in East Texas land speculation, and sometime in 1843 or 1844, as payment for a bad debt, Samuel Augustus took possession of a ranch around Matagorda Bay, Texas, on the Mexican border.
The only problem was that Maverick had no experience in ranching and no interest in learning. When he saw that every other rancher had branded their cattle, Augustus decided there was no need for him to bother with the expense of branding his new herd. In 1847, when Samuel moved back to San Antonio, he left his cattle under the care of his ranch hands, who saw no reason to pay more attention to their jobs than their absentee boss
They let the animals wander the open range. Cowboys who found unbranded cattle thus identified them all as the property of "Mr. Maverick", and mavericks thus became any unbranded cow or horse.
Samuel Augustus Maverick favored Texas annexation by the United States. And after it was, he opposed  secession from the union by Texas until he realized there was no stopping it.  When he died in 1870 he left holdings of over 300,000 acres and a reputation for independence - not being branded by any special interests. His son, Albert,  fought with distinction for the south in the Civil War and was promoted to second lieutenant. After the war Albert Maverick  helped preserve the Alamo, donated "Maverick Park" to the city and lived to swear in his own son, Fontaine Maury Maverick (above), as Mayor of San Antonio - and later inventor of the term gobbledegook.  Albert Maverick died in 1936 at the age of 98. Maury Maverick died in 1954. He was not yet 59 years old.
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