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The Lawyers Carve Up the Golden Goose

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Tuesday, April 24, 2018

FEET OF CLAY

I think it might be the most important two feet of clay in the entire world, 14 inches of clinging, grasping wet sticky ooze that made Teddy Roosevelt a two term President, inspired the effort that created the American century, and offers a lesson in the history of the world we live in - that we all have feet of clay.
The two feet had to be clay because clay holds water, and this particular clay was created over thousands of years by limestone being eroded by the dark acidic waters of a lake surrounded by a dense forest, such as in today’s Wisconsin Dells (above). This particular ancient dell has been called  "Lake Chicago", and if the clay it produced had been less than two feet high, then the clay would not have mattered.
If it had been thicker, then in 1674 Lois Jolliet (above) would have returned from his exploration of the Mississippi by a different route. Two feet was just thick enough to be difficult to overcome, but it could be over come. And although Ms Jolliet was the first European to see the clay, he did not really see it. He wrote to his superiors back in France that there was a simple way to connect the great lake now called Michigan with the Mississippi River  "We could go with facility to Florida in a bark (canoe), and by very easy navigation, " wrote Jolliet.. "It would only be necessary to make a canal by cutting through but half a league of prairie."  But Jolliet had arrived at the edge of the ancient "Lake Chicago" when most of the clay was hidden from view by the spring runoff. So the obstacle and the advantage of the clay would have to wait over a century to be revealed.
In the summer of 1818 fur trader Gurdon Hubbard, retracing Jolliet's route for the American Fur Company, made his first trip up the south fork of the ‘Shikaakwa’ (or skunk weed) River from the village of “Chicago” on the western shore of Lake Michigan (above) . Hubbard followed the river upstream until the open water gave out. From there, unlike Jolliet,  Hubbard was forced to  portaged for seven miles. Because Hubbard was traveling in the summer, when the water was low.
“Our empty boats were pulled up the channel," wrote Hubbard, "...until the Mud Lake (above)  was reached, where we found mud thick and deep, but only at rare intervals was there water….”
Fighting off schools of leeches and clouds of mosquitoes, it took Hubbard three days to cross the 7 miles of clay and mud before reaching the clear flowing water of the Des Plaines River.  But as Jolliet had said, the Des Plaines River ran into the Illinois River, which joined the Mississippi River, which carried Hubbard and his bateau’s 12 tons of trade goods into the very hinterland of the continent. And perhaps this might be a good point to pause and explain why this was where the clay surfaced.
Three times over the last 300,000 years glaciers have ground southward across North America, successively plowing the landscape bare and then recreating it on their retreat. When the penultimate of the glaciers paused here 25,000 years ago, they bulldozed a 10 foot high north-south ridge of clay (above, foreground) from the bed of the  ancient Lake Chicago into the “Valparaiso Terminal Moraine”. 
Chicago writer Libby Hill has noted this moraine is not a mountain range, but  "a very slight rise of maybe about 10 feet that...in times of low water... would be a subcontinental divide"(above).   The  24 inch high clay was the cap on the moraine ridge which kept the present Lake Michigan from draining to the west and south down the Des Paines River into the center of the continent.  Instead the waters of Lake Michigan were forced to find a another path to the ocean , eastward,  toward the Saint Laurence River, and giving birth 12,000 years ago, to Niagara Falls.  But from the moment Hubbard clawed his way through the sucking, engulfing clay, Americans were anxious to dig through it. 
The dream of breaching that moraine was first achieved by the 96 mile long "Illinois and Michigan Canal", begun 1836, discontinued in the panic of 1837,  and not completed until 1848. It drained the Mud Lake and provided locks (above) to lift the narrow canal boats and their 100 ton loads 35 feet up to the level of the Des Plaines River at Jolliet.  From there another series of locks provided an easy journey so Michigan apples could be sold in St. Louis and New Orleans. That first canal established Chicago as a transportation hub.
But the growth of Chicago presented its own challenges. By 1867, the 300,000 citizens of Chicago had so fouled their Lake Michigan shoreline that to reach clean drinking water they were required to tunnel two miles out under the lake. 
The success of such "big government projects", like the water tunnels and the "Illinois  and Michigan" canal encouraged the locals to dream of breaching the moraine in a more grand fashion,  and of converting Chicago from a mere lake port into a seaport. 
To sell the plan to conservative voters, politicians  also pitched the idea of reversing the flow of the Chicago River, to carry Chicago’s waste away from the lake, which was the source of the cities’ drinking water. Pumps would draw lake water into the Chicago River, and then send it up and over the "Valparaiso Moraine" before sending it down the new "Sanitary and Ship Canal". 
So on Saturday, 3 September, 1892,  Frank Wenter, President of the new Metropolitan Sanitary District of Greater Chicago, turned the first ceremonial shovel of earth in the village of Lemont, Illinois, which was to be the central point of the Sanitary and Ship Canal, because it was the highest elevation between the rivers and a good source of stone, for lining the canal.
The new canal, built in the name of progress and “clean water”, would excavate 44 million cubic yards of clay and stone...
...to create a passage 28 miles long, 202 feet wide and 24 feet deep, which would terminate, for the time being, in a dam and lock at a new town named Lockport, Illinois. Here the lock could take ships and barges up to 600 feet long and 110 feet wide. It would take eight years to finish the initial work and the final cost would prove to be $45 million.
The New York World newspaper examined the social changes this ‘progress’ brought to the sleepy village of Lemont (below). Out of the town's 9,000 residents, wrote the paper,  “…4,000 are gamblers, thieves, murderers or disorderly women. There are 100 saloons, 40 gambling houses, 20 dance houses and three theaters…Everything is running wide open and licensed...Within three months 30 dead bodies have been found…and no one has been punished…"
The paper then added, "Every Sunday excursions of the worst classes go to Lemont from Chicago.”
The Mississippi River town of St. Louis had already lost the race to become the rail center of the nation to Chicago, and now the new canal would allow Chicago grain and livestock markets to set prices for Missouri farmers. When the Missouri business interests finally awoke to the threat,  they realized a purely monetary argument against the canal lacked a sense of urgency.  So, as the Sanitary and Ship Canal got ready for an official opening in the spring of 1900,  Missouri threatened a lawsuit, claiming, to quote the Missouri Attorney General  “The action of the Chicago authorities in turning their sewage into the Mississippi River for the people of St. Louis to drink is criminal, and Chicago knows it.”
Yea, maybe they did. But in response, in December of 1899, the Metropolitan Sanitary District of Greater Chicago released their own "scientific study" which "proved" all sewage had been cleansed by the river by the time the Chicago waters reached Peoria, even before it joined the Mississippi.  And besides, the Chicago lawyers argued, St. Louis drew most of its drinking water from the Missouri River, not the Mississippi. And besides that, the city of St Louis even had their own a sewage draining into the Mississippi River, above their own water intake on the Mississippi.  If anybody was forcing the citizens of St. Louis to drink sewage, it was St. Louis, not Chicago! 
In an attempt to present the United States Supreme Court with a faite accomplie on this issue, on 2 January 1900,  Chicago opened the new northern locks connecting Lake Michigan with the canal.  Not to be deterred,  on Wednesday, 17 January, 1900, Missouri filed a request for an immediate  injunction from the Supreme Court to stop the canal from being opened at the southern end. And suddenly the Chicago lawyers and politicians did not feel so certain about their case. 
To forestall the Supreme Court, on Sunday, 21 January, 1900, the directors of the Sanitary District tried to quietly produce another fait accompli (above). The Chicago Tribune explained why that did not prove a simple thing to achieve.
“…B.A. Eckhart was the first to reach the narrow watershed at Kedzie Avenue and Thirty-filth Street...a dredge was already hard at work throwing up the clay from the cut…. Less than eight feet (of ice and frozen clay) separated the waters of the lakes from the waters of the Mississippi…It was exceedingly slow work, for the clay was (frozen) like a rock…Four large charges of dynamite were placed in the ridge…A few fugitive pieces of clay did fly into the air. But as a grand opening it was a failure…."
"Then the ambitious trustees, armed with their shovels, descended into the cut and began to push away the pieces of clay and ice which held back the lakes…With the regularity of a pendulum the arm of the dredge swung back and forth….The ice from the river rolled in and blocked the channel…"Push the ice...away with the arm." shouted the foreman…The (dredge) arm dropped behind the ice gorge and then with resistless motion swept the whole of it into the Mississippi Valley. .... "It is open! It is open!" went up from scores of throats as the water at last (flowed)…Like school boys on a vacation, the drainage officials waved their arms and shouted.”
It was done.  On 2 May, 1900 Admiral George Dewey, hero of the battle of Manila, dedicated the official opening. But it would not be until 1907 that a lock and power plant would be built (above) to control the 36 foot climb from the southern canal level at Lemont to the level of the Des Plaines  River to the north, and complete the dream of ocean going ships reaching the Mississippi via Chicago.
Within a decade after the canal opened the construction techniques for the locks used to raise and lower ships over the Valparaiso Moraine (above)....
...would be used by many of the same engineers in the construction of the Panama Canal (above). It was that endeavor, championed by Teddy Roosevelt, which ushered in the American Century. The lesson here is that no infrastructure construction, be it the creation of the Sanitary and Ship Canal, or manned space flight, or the creation of the interstate highway system, or a national Internet access system, is ever a wasted effort. It is the lesson learned from the endeavor that make the future possible. 
And the Chicago canal proved something else as well. As recorded by William C. Alden in the 1902 “Chicago Folio” for the U.S. Geological Survey Atlas of the United States (volume #81), excavations for the canal and its locks unearthed the history of the entire continent.Beneath the clay and beneath the limestone was the bedrock of Chicago; “Potsdam Sand Stones”. The bedrock of  Chicago is petrified beach sands, the bottom of an ancient shallow sea. We know it was shallow because above the sandy bottoms corals grew, and left their lime rich skeletons (above) hundreds of feet thick embedded in the sand stones. Over millions of years that sea had been replaced with a freshwater lake, surrounded by trees,  whose leaves fell into the waters, turning the waters acidic, and converting the top layer of the limestone into clay.And then the glaciers had come, and scrapped across the clay, piling it up in a terminal moraine, which prevented the glacial melt waters from finding their way to the Mississippi river, until humans arrived and stood upon their own two feet of clay and thought, "I can do this. I shall do this". And it was done.  It was not done without a paying a price, but there is a price required to doing anything. Even nothing.
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Monday, April 23, 2018

PARCEL POST

I hate to tell you this, but, contrary to common knowledge, we are the ones living in a “simpler time”, not our parents or even our great-great grandparents. We have E-mail, and I-phones and Twitter and FaceBook and every other pseudonymous instantaneous electronic communication device which, with apologies to Socrates, proves that a life under punctuated is a life not worth being self-obsessed about.   Sharing every naval-infatuated idea has become de rigueur for the post millennial generation. There is no longer room for confusion or miss-interpretation, only for over-interpretation. And that makes the world much simpler.
For the first two million years of human evolution the only limit on communication was the sum of the speed of sound divided by the speed of walking, divided by the number, width and depth of rivers and oceans, and the height of mountains and width of deserts separating you from the person you wished to speak to. Those kinds of obstacles and those kinds of delays made the world a very complicated place. When the Battle of New Orleans was fought on 8 January, 1815, the War of 1812 had been over since the Treaty of Ghent had been signed on 24 December, 1814. That was three years you needed to refer to, when referring to just one battle, because of the delays in communications. How much more complicated can you get than that?
Mail was the first invention in long distance communications. Cyrus the Great of Persia invented pony express riders to carry “words” to bind his empire together.  According to the first great historian, Herodotus,  these civil service riders were so dedicated that “Neither snow, nor rain, nor heat, nor gloom of night stays these courageous couriers from the swift completion of their appointed rounds” - which is not the official motto of the U.S. Postal Service. The U.S. Postal service has no official motto.
The next major technical advance in communication didn’t come along until 1792, when Claude Chappe invented a ‘semaphone’ network in France.  In his sales brochures he called it a “telegraph” (Greek for “far writing”).  It required a series of towers spaced 20 miles apart, upon each of which were erected two movable arms connected by a longer movable arm. A Chappe telegraph operator repeated the 174 different combinations of arm positions to relay up to two words a minute. Although this was such a dependable system that the Swedes kept theirs running until 1880, Chappe never saw it turn a profit, for two reasons. First he threw himself down a well in 1805. And second, it never turned a profit. Worse yet, for Chappe’s family, he copyrighted every thing about his brilliant invention except the name.
In 1837 a failed Calvinist minister, a proslavery Federalist, a pedantic anti-catholic and anti-Semitic conspiracy freak named Samuel Fineley Breese Morse co-opted the name for his “electronic telegraph” which he copyrighted from top to bottom, including the name. The first recorded “Mores Code” telegraphed was “A patient waiter is no loser”, in 1838. It was the dot and dash equivalent of “The quick brown fox”, etcetera.  The more famous message, “What hath God Wrought”, was telegraphed as a publicity stunt in 1844 and was suggested by Anne Ellsworth from my home town of Lafayette, Indiana. She was married at the time to Mr. Roswell, who gave his name to the New Mexico town where, in 1947, space aliens attempted to communicate with humans. Their message appears to have been the alien equivalent of “Mayday, mayday, mayday.” But, so far nobody has answered that message. 
The perfect expression of this more complicated communication is the traditional or “snail” mail service.  The complexities involved stagger the imagination. You write a letter, usually by hand. You take the letter to a collection point, a post office or mail box. A representative of the United States Postal Service (your stand in) then physically carries the actual letter to your friend’s home. There, your friend or business partner reads your words from the very paper you once held. It sounds fraught with opportunity for delays and errors, and it is.  And yet it has worked in America for two centuries. And what is most amazing is that we expected it to work, and complained when it didn't.
As of 2009 the 656,000 employees of the USPS (as it likes to refer to itself) processed 667 million pieces of mail every day (7,700 every second). They generated $75 billion in fees and charges, which left them with a $2.8 billion loss.  Still nobody (well, a few libertarian lunatics) are suggesting that snail mail delivery should cease. What a bunch of "Big Government" people these pro-mail people are.
The ultimate complication of this ultimate complicated communication system was/is Parcel Post, in which individuals were encouraged to send not only words from one end of the nation to another, but goods as well. The service was started in 1912 as an attempt to encourage economic development in rural America - a goal we have for some reason given up on.
The first flaw in the plan became visible when Postal authorities deemed it permissible to mail live chicks (in special containers) for 53 cents apiece. Now, farmers could order chicks from breeders and they would be delivered, cheaply and reliably, right to the farmer's front door. It was a great boon to the egg industry nationwide. But problems arose when some of the little cheeps in every shipment died in their boxes en route, and the customers sought reimbursement from the Post Office. The rules denied the customer’s appeals, but they appealed anyway. What was not noticed at the time, was a  flaw in the logic of “live” parcel post.
The path to Parcel Post ad nausea was first made visible on the morning of 19 February, 1914, when Mrs. John E. Pierstroff of Grangeville, Idaho, loaded her four year old daughter, May Pierstroff (above), into the mail car of a train bound for Lewiston, Idaho, 55 miles away. A few moments later Harry Morris, the conductor, stumbled upon the little girl sitting quietly atop a pile of mail bags. Morris checked the 56 cents postage on the tag tied to May’s coat, and since the mother was no where to be seen, allowed the girl to ride in the mail car to Lewiston. There, mail clerk Leonard Mochel delivered May to her destination, the home of Mrs. Vennigerholz,  the girl’s grandmother.
It was the beginning of a disturbing trend. Later that same year postal workers in Stillwell, Indiana accepted a parcel post box marked, “live infant”. They delivered the box to South Bend where the “package” was accepted and opened by the infant’s divorced father. Cost for the trip was 17 cents. The infant arrived safely. The next year a Pensacola, Florida probation officer shipped six year old Edna Neff to her father in Christiansburg, Virginia. The postage was 15 cents.
The public was unsettled by this mailing of children, since the percentage of child molesters among the population in 1914 was about the same as it is today. The negative publicity probably prevented another child mailing until 1919, when it appears a press agent for the Aluminum Company of America arraigned for the mailing of five year old Marmi Hood and four year old Evan Hedge to their respective fathers, who were locked down inside in the company’s plant in Alco, Tennessee, surrounded by union picket lines. After a two hour tearful visit, heavily documented by the company publicity department, the children were “mailed Special Delivery” back to the Alco, Tennessee Post Office, where their mothers were anxiously waiting for them. Postage for the stunt both ways was $2.26 cents. 
On 13 June, 1920 The US Post Office issued new rules, announcing that children would no longer be accepted as a parcel post. The coda to this regulation, and perhaps a comment on the continued poverty in rural America even during the “Roaring Twenties”, was the C.O.D. package mailed to an undertaker in Albany, New York. It arrived on 20 November, 1922, and carried no “return address”. In the box was the body of a child who seemed to have had died of natural causes. She was buried “...through the kindness of individuals” under the name of “Parcella Post.” How could you call such a world as that, "simpler" than ours? 
As you would expect from people living in such complicated times, the denizens of that ancient confusion were able to predict the problems and solutions faced by our current, “simpler", electronic age.  It turns out the philosophical antithesis to twitter was written in 1854, not long after the Mores telegraph hinted at the self obsessed simplicity which was to follow. 
It was written by that old fogey, Henry David Thoreau. “Our inventions are wont to be pretty toys”, wrote Henry David, “which distract our attention from serious things. They are but improved means to an unimproved end…We are in great haste to construct a magnetic telegraph from Maine to Texas; but Maine and Texas, it may be, have nothing important to communicate.” And, what with a recent  Texas Governor advocating the re-secession of Texas from the union of states, it would appear that our modern politicians are leading the way by getting simpler and simpler all the time. 
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Sunday, April 22, 2018

MOTH TO THE FLAME

“I'm a lady of the evening. And while youth and beauty last, I never worry who will pay my rent. For a while I'll be in clover, And when easy days are over, I know I'll go the way that all, My predecessors went.”
Our poet, Benita Franklin, was born in Joliet, Illinois in 1891. Her father was a strict disciplinarian, and when the young drama queen rebelled, he dispatched her to the Ladies of Loretto Convent School in nearby Wheaton.  Benita was so miserable there she claimed to have tried to commit suicide, but the nuns labeled her behavior as “insubordinate”. So Benita ran away, looking for an audience who would appreciate her performance.  And being young and beautiful,  she found a way to make her way, working as a chorus girl on the nightclub circuit, and using the name, Vivian Gordon.  In Charleston, South Carolina, in 1912 the 21 year old met a dull accountant named Joseph E.C. Bischoff.  Perhaps it was her need for security, or perhaps she really fell in love,  but within a few months they were married. And in 1913 Benita/Vivian gave birth to a girl,  Benita Frederica.
The new family moved to the Philadelphia suburb of Audubon, New Jersey, and Joseph went to work for the United States Marshal service, as an office manager.  Benita/Vivian was left at home with little Benita Frederica .  But Benita/Vivian's search for drama reasserted itself after Joesph secured a promotion to the D.C. Woman’s Reformatory, in Lorton, Virginia.  The money was good, but Joseph was away from home for weeks at a time.  Eventually Benita/Vivian sought out the attention of Al Marks, a lingerie salesman, from Long Branch, New Jersey.  And in 1923, while the couple was having a dramatic tryst in the seedy Langwell Hotel (above), on West 44th street, just above Manhattan’s Time Square, Vice Patrolman Andrew J. McLaughlin dramatically burst in on them. Under pressure Al Marks confessed he had paid Benita/Vivian for the sex, so she could be charged with prostitution.
Shuffled abruptly through the Brooklyn night court of Magistrate H. Stanley Renaud,   Benita/Vivian came to the realization she had been set up. Of the 219 women the Brooklyn night court convicted of prostitution in 1923,  72% were first time offenders, like Vivian, and one in ten was pregnant – which should have told officials they were not really prostitutes, but inconvenient wives and girlfriends. But judge Renaud never asked such questions.  Benita/Vivian was convicted of prostitution on the statements signed by Al and detective McLaughlin, and even though she was a first time offender (at least in New York City), she was sentenced to three years at the Bedford Hills Correctional Facility for Women, in Westchester County.  Even before she left Brooklyn , Benita/Vivian was served divorce papers, filed by her husband Joseph, who was seeking custody of Benita Frederica .  That quickly the previous decade of her life was simply wiped out.
“I'm a lady of the evening, With a morning glory's beauty. The payment for my raiment, I get in devious ways. When some big and wealthy brute, Wants to love me 'cause I'm cute, I admit that I submit, Because it pays.”
Bedford Hills had been built by well intentioned do-gooders, who had designed the facility to be communal, and to emphasize reform.  The 3-400 prisoners, each between 16 and  30 years old, some along with their infants and newborns, were housed in two story cottages, each with their own kitchens. Mornings everyone worked on the 300 acre farm, but in the afternoon there were classes in secretarial work and sewing. However, time had converted Bedford Hills into an understaffed prison devoid of much good. Inmates were isolated and allowed only one letter a month. And the last note Benita/Vivian received from her daughter read, “Dear mama. I am very sorry you are sick. I hope you will be better soon. I miss you very much.”  The pressure on her to be dramatic must have been overwhelming, but dramatic prisoners were reclassified as Mentally Defective, and chained to beds in what had once been the infirmary.  Their sentences were now indeterminate, meaning the doctors decided when and if to release them. Under this threat, Benita/Vivian quickly became just another dull inmate. Her father would have been proud.
The woman who came out of Bedford in 1926 had a single goal, to get her daughter back. And a single name, Vivian Gordon (above). She went into the only profession now open to her, and as she noted in her poem, she was good at it. She was still beautiful and looked far younger than her age. Vivian was a "high class" hooker, and quickly branched out to blackmailing her wealthier customers. As the roaring twenties approached their end, Vivian Gordon was often seen at Manhattan speakeasies with Jack “Legs” Diamond, the gangster who ran the New York City.
Vivian “loaned” Jack (above) thousands of dollars, to enlist his help.  On his advice she hired crooked lawyer John Radeloff, to get her conviction overturned.  Radeloff took her money, but all three of his three attempts to nail McLaughlin, failed.  On Radeloff's advice she even hired a dope named Sam “Chowder-head” Harris to kidnap her daughter in New Jersey and bring her to New York, where the judges could be bribed.  All “Chowder-head” managed to do was to terrify the 15 year old Benita. Vivian began to suspect that Radeloff was only interested in sucking her dry.  And then Vivian saw another way to get back at the crooked cop, and get her daughter back..
In August of 1930 State Supreme Court Justice Joseph Force Crater disappeared on West 45th street. Press reports about the mob connections of  “the missingest man in New York” were so explosive that New York Governor Franklin Roosevelt was able to pressure Mayor Jimmy Walker to accept an independent and wide ranging investigation of graft in city government.  The man Roosevelt pushed on Walker to lead the committee was above suspicion, retired judge Samuel Seabury.  He was so honest he could barely get elected. Early in February of 1931 Vivian wrote to the committee (below), saying she had “some information in connection with a 'frame up' by a police officer and others which . . . will be of great aid to your committee.” 
Lead counsel Irving Cooper met with Vivian at committee offices at 80 Center Street, on Friday, 20 February,  1931.  He was impressed, and thought Vivian would make a good witness, beautiful and articulate.  She was an intimate of Jack Diamond's.  Her story was filled with the names of her male customers,  from Mayor Jimmy Walker to dozens of judges and city officals who were  "on the  take".  But Cooper wanted more.  He asked Vivian to come back with corroboration, paperwork, photos and letters, the kind of thing she used in her blackmail. And Vivian agreed to return with “the goods”.
Shortly after eleven on the night of Wednesday,  25 February, 1931,  Vivian Gordon (above) was seen leaving her three room apartment at 156 East 37th Street in Manhattan. She was wearing a black evening dress with white lace trim and a matching handbag, which was covered by an ankle-length mink coat and topped off with a black straw hat. On her left wrist she wore a platinum watch and on her right hand a two caret diamond ring.  Vivian Gordon got into a waiting Cadillac and disappeared into the night.
Nine hours later on Thursday morning an oil company employee on his way to work spotted her body in a ditch (above) beside a lonely section of the Mosholu Parkway, adjacent to the golf course in the Bronx's Van Courtland Park 
 Vivian (above) had been beaten about the head, but the cause of death was the clothesline knotted about her throat.  Her hat and one of her sued shoes were found not far away. Her coat, her watch and her pocketbook were all missing.
The New York papers lit up like the Fourth of July. A beautiful prostitute, a witness for the Seabury Commission, had been murdered just six months after Judge Crater had gone missing. And it turned out Vivian and Crater knew many of the same people, including Jack "Legs" Diamond and Mayor Jimmy Walker. All of that made her murder front page news, even in the papers out in the sticks (above).. The reporters noted the autopsy of the “Queen of the Courtesans” (as they now called her) revealed that about one Thursday morning Vivian had eaten sauerkraut, raisins and some egg whites – a “working girl's” dinner, heavy on the protein.  And over the course of the evening Vivian had consumed five or six stiff drinks. But that was as far as the facts could take them.  Still having a paper to fill, the reporters switch to speculation.
The cops searched Vivian's apartment (above) for the corroboration she had promised the Seabury Committee. They reported finding no little black book, or photos, or hotel receipts or love letters, not even any business cards. They may have found them, they just didn't report them. What they did find and report was $50,000 in cash and Vivian Gordon's dramatic diary.  In it she railed against Detective McLaughlin, her ex-husband and all the men who had cheated her. There were also the names of 200 of New York's rich and dishonest. The most telling passage in her diary was when she dramatically called her own lawyer, John Radeloff,  “the only man I fear...who, if he wanted, could get (Chowder-head) Cohen and a couple of his henchmen to do away with me.”
Those with something to hide waited for the story to fade. But just six days later, at about 4:30 pm on Tuesday 3 March, 1931, 16 year old Benita Frederica was discovered by her stepmother, near death on the kitchen floor. The previous weekend, members of Benita's prep school hockey team had refused to practice with the daughter of the now infamous Vivian Gordon. The newspapers turned that into the headline, “Squeeler's Daughter Unable to Face Schoolmates.” According to her own diary, that was why Benita had turned on the gas. She died a few hours later in a Camden hospital. The story, which had been hot the week before, was white hot now. A Daily News editorial screamed, “The rope that jerked tight about Vivian Gordon's neck to keep her from talking, is about to jerk the lid off a sizzling pot of scandals, frame ups, charges and counter-charges in New York's city government.”
The Seabury investigation focused on Detective McLaughlin. He had an iron clad alibi, being aboard the Cunard liner S.S. California, on a six-day cruise to Bermuda.  He was 800 miles out in the Atlantic on the night Vivian was murdered.  But investigators also discovered that over the last three years the $60 a week detective had managed to accumulate $35,800 in savings.  Andrew McLaughlin would be indited, and although not convicted,  he was through as a New York City cop.
The local cops meanwhile zeroed in on Vivian's diaries, which showed she was no madam. The diary said attorney John Radeloff had been her pimp, while his brother Joe had been her boyfriend and partner in a stock scam, funded by Vivian's various skills.  But the year before Vivian had turned on Joe, testifying against him in front of a grand jury.  For some reason, the records of that grand jury had disappeared, but reporters suspected hard feelings remained between Vivian and Joe.  Reporters also discovered that Vivian had been the owner of record for gambling houses in Queens and Brooklyn. Were they actually owned by Jack Diamond and other mobsters?  Or maybe even Mayor Walker? .Vivian Gordon it seemed, had been the Donald Trump of the roaring twenties underworld.  And just when it seemed the publicity would bring down the whole rotten structure of New York city politics, the cops came up with a trio of the usual suspects who shut down all other investigations.
Harry Stein was a small time crook and occasional partner in Vivian's scams. He had also once been accused of strangling a woman. But the primary justification for his arrest was that he sold Vivian's mink coat and ring the day after her murder, or so the police said. A few days after his arrest, his tailor Sam Greenhauser was indicted. And for a topper, the cops arrested the small time hood Harry Schlitten. In exchange for immunity, he confessed to driving the Ford coupe (above) in which Vivian had been beaten and strangled, or so said the cops.
But Stein and Greenhauser had alibi's. And the front seat of the coupe looked too small to fit more than two people, which meant the killer would have to drive and strangle Vivian at the same time. There was no back seat in that car. And that did not even consider the effort to beat Vivian's head in. How could you do that to the person sitting beside you, with a escape right behind them?   The trial began on 18 June,  1931, just 16 weeks after Vivian's murder, and it ended two weeks later, on July 1st .  After just three hours of deliberation, the jury declared all the defendants “not guilty”.  And that was that.  
Nobody would ever be convicted of Vivian's brutal murder. As corrupt mayor Jimmy Walker (above) would observe, when he returned from his California vacation, “There were more frames than there were pictures”. But the ultimate judgment on Vivian, may have been delivered by Polly Adler, the most infamous "Vice Entrepreneuse" in New York City. Vivian Gordon, the infamous madam said, was “just another woman out to feather her nest quickly.”
“I'm a lady of the evening, Just like Cleopatra was. The Queen of Sheba also played my game. Though by inches I am dying, There's not any use in crying. I stay and play 'cause I'm that way, A moth that loves the flame.”
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