The Unlawful Operation

The Unlawful Operation

SYDNEY.—In the Darlinghurst sessions on Thursday, Harold George Hooper, 34, picture show installer; Thomas Bernard Hooper, 39, agent; Michael Sayegh, 26, formerly a medical student; Nancy Cowman, 18, picture show attendant, and Vera Crichton, 23, married woman, were charged with having conspired together for the purpose of the performance of an unlawful operation.

The Age (Melbourne, Victoria, Australia), July 11, 1924

It was a stuff up from start to finish, (that’s a “screw up” in America) beginning with the age-old story of boy meets girl, falls in lust with girl, gets girl pregnant. However the boy in this case was a 34-year-old man who was already married and had no intention of leaving his wife, so what to do? His plan was to spirit his 19-year-old girlfriend off to the big city where the pregnancy could be ended with no one the wiser. But you know what they say about even the best-laid plans, and these certainly weren’t in that category.

Isabella Higgs

Mug shot of Isabella Higgs, 21 February 1924, Central Police Station, Sydney. Collection of the Justice &​ Police Museum.

The story begins in Braidwood, a small town 175 miles southwest of Sydney, Australia. The year is 1923 and Harold Hooper, known as “Dick” to his many friends, went to Braidwood from Sydney to set up a “picture show,” (aka movie theater). Dick and a local girl, Isabella Higgs, met by chance one day in August and struck up an acquaintance. Isabel, described in the news as a “sturdily-built country girl,” came from a poor Braidwood family and worked as a servant.

Soon Dick and Isabel were seeing a lot of each other. According to an account of the case in The Truth, a scandal sheet newspaper, “She met him almost every night, and each time they defied conventions which prescribe that it is wrong for a single miss to dally in company dangerous to her chastity.” In plain language, they had sex, a lot of sex.

In late September Isabel told Dick she thought she was pregnant. Dick brought her a box of pills and told her to take them and they would take care of the “problem.” The pills didn’t work and soon “she found her condition reaching a serious stage.”

Dick ran back to Sydney where, he claimed, he had pressing business obligations. He asked a friend, Michael Sayegh, to go to Braidwood for him, partly for the picture business but also to meet with Isabel. Michael, a Syrian immigrant, was a commercial traveler, however he’d been a medical student at the University of Sydney. He’d dropped out of medical school in his fourth year due to financial difficulties, but he still had some medical instruments and told Dick he knew how to perform an “unlawful operation.” This operation was illegal in Australia at the time.

Michael met with Isabel and confirmed that she was about three months pregnant. Then he broke the news to her that Dick was already married and had a young son. He told Isabel that if she would go to Sydney he would perform an operation on her. Isabel wasn’t convinced this was a good plan, but she also wasn’t thrilled about telling her father about her predicament.

Vera Crichton

Mug shot of Vera Crichton, 21 February 1924, probably Central Police Station, Sydney. Collection of the Justice &​ Police Museum.

Dick, always ready with an excuse, said he had kidney trouble and couldn’t travel to Braidwood, so he sent his brother, Thomas Bernard “Burn” Hooper, age 39, and Vera Crichton, a 23-year-old married woman, to talk Isabel into coming to Sydney. Vera told Isabel she’d had the operation herself and it was entirely safe. Isabel agreed to the plan but only if she got to see Dick before she had the operation. It was now late January 1924.

The group set off in a hired car that broke down several times. In addition to Burn, Vera, and Michael, Nancy Cowman, an 18-year-old picture show attendant described as “young and pretty, with pouting red lips” came along on the trip. After many stops and starts due to car trouble the travelers finally made it to Sydney.

None of the news articles explained why Michael, Nancy and Vera got involved in the project. Maybe they owed Dick a few favors. Burn was Dick’s brother and evidently he was motivated by family loyalty.

Meanwhile Isabel’s family had no idea where she’d gone so they reported her to the police as a missing person. They were concerned that she’d been kidnapped or, worse, that she might be dead. The police began to search for Isabel.

In Sydney Michael rented a room for Isabel on Surrey Street in Darlinghurst, a neighborhood then known for razor gangs, sly-grog houses (that’s a speakeasy if you’re a Yank), drug dealing and prostitution. If someone were looking for a place to perform an operation with no questions asked, Darlinghurst would be a perfect choice. Nancy and Isabel stayed together in the room several days with Dick popping by nightly to reassure Isabel that the operation would be fine. Michael stopped in a few times with powders for Isabel to take, but he didn’t perform the operation. He was probably hoping the drugs would cause a miscarriage.

A few days later Michael was finally ready to begin the operation. But before he started, Nancy showed up and told him that Vera and Burn had been arrested and interviewed about Isabel’s disappearance. They’d given statements to the police that Isabel was alive and well but the darned police wanted proof. They wanted Isabel in the flesh. Michael packed up his instruments and the three of them bolted.

Dick took Isabel and Nancy to a parsonage in Maroubra, a beachside suburb of Sydney. The parson was a friend of Dick’s who didn’t ask a lot of questions. (Where did Dick get such devoted friends?) The girls hid out in Maroubra for the next ten days. Dick promised Isabel that if she kept her mouth shut that after she had the baby he would give her a pound a week until the child turned 14. Generous Dick.

The police told Vera and Burn they couldn’t have bail until Isabel was located alive and well. On February 20, 1924 Isabel, Nancy and Dick turned themselves to the police. The now-famous mug shots of Nancy, Isabel and Vera were taken the following day. Unfortunately the mug shots of the men apparently didn’t survive.

Dick, Burn, Vera, Nancy and Michael were charged with “conspiracy to bring about a result by the illegal use of an instrument.” In those days no one ever dared utter the word “abortion.”

No charges were brought against Isabel. She returned to Braidwood, where she had the baby. She brought the baby to the trial of the five conspirators in July.

The cowardly Dick claimed he wasn’t the father of the baby. He insisted he was just trying to be a Good Samaritan by bringing Isabel to Sydney where she could secretly have the baby. The jury must have had trouble keeping a straight face.

Dick, Burn and Vera were convicted but the jury couldn’t agree on Nancy and Michael. Dick and Burn appealed their convictions and were retried. Burn was acquitted but Dick was convicted again, however he was released without being sentenced to prison. Vera also appealed and got a new trial but for some strange reason it never took place and she was released from custody. At the second trial of Nancy and Michael, Nancy was acquitted. Michael, the Syrian immigrant who was described as being from a “highly-respected family and who had been a brilliant scholar while at the University” was convicted and sentenced to 12 months hard labor. His sentence was upheld on appeal.

The story was reported all over Australia, including in some articles that were illustrated. Though it’s a tragic tale it had one positive outcome — it left us with a group of fascinating mug shot photos. They’re in the collection of the Justice &​ Police Museum in Sydney, which has generously scanned and uploaded them to their web site, along with others taken around the same period. The photos are so interesting and unusual that they’ve been used and abused all over the Internet, so it seemed to me like a good idea to tell the story of the real people and try to set the record straight. Then everyone can go back to colorizing them, drawing them, putting them on coasters, using them as avatars, whatever.

If you want to read more stories of the people in the Justice &​ Police Museum mug shot photos, I highly recommend the book Crooks Like Us by Peter Doyle.

Featured photo: Mug shot of Nancy Cowman, 21 February 1924, probably Central Police Station, Sydney. Collection of the Justice &​ Police Museum.

The Lady Swindles

The Lady Swindles

Mme. La Touche, the female Napoleon of Wall Street, who discovered a new system of finance that was based on the most profound and logical principles, is a martyr to the cause. She still remains in a dungeon cell in the Jefferson Market Police Court building, not one friend having come forward with the required real estate security for $2,500 bail, which is demanded as a condition of her release. And there, it is said, she is likely to remain until her trial in the Court of the General Sessions.

— The Evening World (New York City), December 10, 1887

Madame La Touche was born Marion Gratz in New Brunswick, Canada in 1846. The 19th century was a time when women criminals were rare and crime was primarily the domain of men. In 1886, when NYPD Chief Inspector Thomas Byrnes published his book, Professional Criminals of America, only 18 ladies made the cut out of 204 rogues and Madame La Touche was not one of the chosen damsels. However Byrnes included her — she was criminal #345 — in the 1895 edition of his book.

In addition to being a female crook there was another feature that set Marion apart. In her long history as a swindler she never stole from men, at least not directly — instead she preyed solely on her own sex.

By 1873 she’d made her way to America and started her criminal career in Boston. She worked under the name Marion L. Dow, but no Mr. Dow was ever located by authorities. According to Byrnes, Marion enticed wealthy society ladies into her “coils by exciting their speculative proclivities.” She’d paint a “glowing picture of the facility with which the husbands of her intended victims acquired large sums of money through stock speculation.” After persuading the ladies to invest their own money with her, she disappeared with the cash.

Marion L. Dow_our rival the rascal

Marion (possibly a personal photo) from the book Our Rival the Rascal

“Marion L. Dow can probably boast of having assumed more names and characters than any other woman who has not been a professional actress,” wrote Boston police officers Benjamin Eldridge and William Watts in their 1897 book, Our Rival the RascalNo doubt they were relieved when, in 1880, things got too hot for Marion on their turf and she headed to fresher fields in New York City.

By means of fake investment bureaus, Marion swindled wealthy Gotham gals to the tune of $40,000. Moving on to Philadelphia, she took lavish apartments and outfitted herself in expensive clothes and jewelry. As an enticement to invest with her, she guaranteed her clients against loss of their investment in exchange for half of their profits. The money rolled in until the ruse was discovered and she spent four months in Philly’s Moyamensing prison.

After her release from prison she met and married a Pennsylvania-born forger and swindler named Royal La Touche. (The name was not an alias — it really was Royal La Touche). It turned out that Royal was already married to two other women besides Marion! Before the couple had much time to enjoy their wedded bliss he was sent to Sing Sing to serve a three-year term for bigamy.

Marion spent no time crying over Royal’s fate. Using a new alias, “Carrie R. Morse,” she returned to New York City and went right back to her old tricks. She opened a bogus brokerage office at 47 West Thirty-seventh Street and hired a woman who was required to pay $600 for the privilege of having the job. When the company proved to be a scam, “Carrie” was arrested in 1884. One of her victims told of how she sold her shoe store in order to invest and had been forced to put her four children in a poor house after losing her life savings. It took two trials but Marion was convicted of obtaining money through false pretenses and sentenced to four months in prison.

A sensible person wouldn’t risk another arrest in New York City, but Marion wasn’t sensible. In 1887 she took a partner in crime, Sophie Lyons, a notorious pickpocket, shoplifter and bank robber, and embarked on her most audacious scam. She called it the “New York Women’s Banking and Investment Company.” Marion promised clients $50 a month in income if they would invest $300 in her company. This time women from all walks of life were encouraged to participate.

The lease of the building on West Twenty-third Street and refurbishments, including a fake vault, to make it look like a real bank were done on credit. Stock certificates were printed in rainbow colors, because, according to Sophie, ladies appreciated color and preferred to select their stocks based on their favorite hues. Marion set Sophie up in a luxurious apartment and furnished her with expensive jewelry and a lavish wardrobe. Posing as “Celia Rigsby,” a woman made wealthy through her dealings with Madame La Touche, Sophie was the honey that lured the flies in.

When the scam was uncovered, Sophie scarpered back to her home base in Detroit, but Marion was arrested and housed in the “dungeon cell” at Jefferson Market Court in Greenwich Village. Financial crimes, then as now, are laborious and difficult to prove. When only one of the defrauded women was willing to testify against her, the D.A. dropped the charges for lack of evidence. Marion was free again.

After Royal was released from Sing Sing he and Marion reunited and lived together until his death around 1915. Sophie Lyons wrote in her 1913 memoir, Why Crime Does Not Pay, that her old pal “Carrie” had retired from crime and died penniless, but Marion was still very much still alive and swindling when the book came out. She continued her stock swindles, was frequently arrested and served three more terms in prison during the first three decades of the 20th century.

Marion at 85

Her final arrest came in the summer of 1931. Marion, by then an 85-year-old widow, who was, according to one news report, “hard of hearing, but retains that look of guileless sincerity which charmed money of out investors’ pockets almost fifty years ago.” Despite the recent stock market crash, her victim, a Harlem rooming house owner named Edna Mattice, gave Marion $300 to invest because Marion claimed to have confidential information from a high honcho on Wall Street. Mrs. Mattice said Marion was “always reading market reports” and she spoke “with awe-inspiring glibness and authority upon financial matters.”

Marion might have spent the rest of her life in a Harlem prison as a habitual criminal, but authorities hoped to find a way to be lenient due to her age. Help came from unexpected quarters — the Salvation Army! A spokeswoman for the charity said it was “deeply interested in Mrs. La Touche’s case, and if the court would permit, it would undertake to look after her for the rest of her life.” The judge agreed to the plan.

During the 1931 holiday season, people on the streets of Harlem likely had no idea that the hunched old lady ringing the bell by a red kettle and asking for their spare coins was the greatest lady swindler of the 19th century.

Featured image: reproduction of CDV mug shot of Marion L. Dow from “Professional Criminals of America” by Thomas Byrnes, 1895.

Hard Truth and Hard Time

Hard Truth and Hard Time

When George Brown, who said he was a resident of New York state, pleaded guilty before Judge Jones last week to stealing the automobile of controller Paul J. Schmidt, he said he was never in trouble before, and was sentenced to three years in the county jail. The judge promised to be lenient with Brown if he told the truth. On investigation the judge learns that Brown was convicted of stealing an automobile in New York state and sentenced to five years in Auburn prison, and that he escaped from that institution. Brown was confronted with the proofs by Judge Jones today and informed that his sentence would be changed from the county jail to the penitentiary. He was convicted in New York state under the name of Irving Barber.

Pittston Gazette (Pittston, Pennsylvania), February 15, 1922

Irving Barber_back_markedHis first mistake was to steal the Ford Touring car of the newly elected Controller of Luzerne County. His second mistake was to lie to the judge about his criminal past. The mistakes compounded to send Irving Barber, alias George Brown, a 26-year-old apprentice carpenter, to the Eastern State Penitentiary for his third prison stretch on February 21, 1922.

Ultimately Irving admitted to the judge that he’d stolen five automobiles, various license plates and a bankbook. And he confessed to forging checks. It also came to light that he’d recently escaped from Auburn prison, where he’d been serving a five-year term for grand larceny. As a teenager he’d been an inmate of the Elmira Reformatory in New York.

Eastern State, or ESP, the prison in Philadelphia that Irving would call home for the next five to ten years was one of the oldest and most well known in the United States. ESP opened in 1829 and was designed around the Quaker idea of the “separate system” in which prisoners spent their days and nights in isolation to silently reflect upon the crimes they had committed. By contrast, Auburn, the New York prison from which Irving escaped, functioned under a system (aptly named the “Auburn system”) that forced prisoners to work together in silence, move in lockstep and avert their eyes from other prisoners and guards. Unlike at ESP, inmates who broke the rules in the Auburn system received harsh physical punishment.

Due to overcrowding the solitary system was abandoned at ESP in 1913 and from then on brutality towards inmates became the preferred method of control. Guards doused unruly prisoners with freezing water during the winter, strapped them into tight restraints for long periods of time and subjected the most intractable prisoners to prolonged periods of solitary confinement in a dark, underground pit with little food. If Irving didn’t cooperate he might have experienced some of those punishments.

ESP mugbook

Eastern State Penitentiary mug book page. Collection of ESP

Mugshots taken at ESP from the early 20th century to the late 1920s are easy to spot because in the side view the prisoner’s head is always held with a large clamp and the prisoner number, stamped on a tablet with rounded edges, hangs from the prisoner’s collar from an S-shaped wire.

Irving became ESP prisoner # C-1367 and he looks to have been stoic about his fate. It’s likely he realized that, unlike at Auburn, escape was unlikely. Assuming he served his maximum sentence of ten years, Irving might have crossed paths with Al Capone, who briefly entered ESP in 1929 as prisoner #C-3327. The celebrity prisoner got a nice cushy cell complete with oriental rugs and a radio, but Irving’s cell would have been one of the more usual kinds.

a-standard-cell

Modern photo of a cell at ESP

Irving made Pennsylvania his permanent home after he was released from prison. Under his alias — George Brown — he went straight, got married and raised a family. He died of a stroke in 1960.

ESP closed in 1971, however if you want to vicariously experience the sensation of being imprisoned there, it’s open for tours.

Featured photos: 1922 ESP prisoner card of Irving Barber. Collection of the author.

A Good Accordion Player

A Good Accordion Player

After accepting a plea of guilty of murder, second degree, on an indictment charging Luigi DioGuardi with murder, first degree, Justice Robert F. Thompson yesterday sentenced DioGuardi to serve ten to twenty years in Auburn prison.

Democrat and Chronicle (Rochester, New York), March 8, 1923

On the evening of February 28, 1922 a group of family and friends had gathered at the home of Salvatore Tubilino to enjoy some of Salvatore’s homemade wine. While Prohibition had been in place for more than two years, the manufacture and consumption of wine at home was still legal. Salvatore was an immigrant to the United States from Italy who lived with his wife and five children in Rochester, New York.

The gathering turned ugly in the early morning hours when four of the partygoers, heavily under the influence of the grape, descended into the cellar to sample wine from various casks. An argument broke out between Salvatore and two friends over the merits of his wine after he boasted about its “wonderful kick.” Luigi DioGuardi insisted that his home-brewed wine, made across the road at 30 Orange Street, was far superior.

The dispute moved to the backyard, where it intensified after Giuseppe Falsone slapped Salvatore in the face. Another of the partygoers, Charles Vitale, tried to separate the two men, but to no avail — the argument continued to escalate. Possibly the feud had been building over a number of weeks and finally reached the breaking point. Salvatore turned away and headed back into the house, but before he reached the door Luigi pulled out a revolver and shot him four times in the back. When Charles again tried to intervene, Luigi shot him too, though not fatally.

Salvatore’s wife heard the gunshots and ran out of the house. She knelt beside her husband. With his dying breath he whispered the name of his murderer to her. It was her sister’s husband, her own brother-in-law — Luigi DioGuardi.

In the confusion that arose after the shootings, Luigi and Giuseppe fled the scene and police arrived too late to catch the pair. Giuseppe was captured the following day and held as a material witness.

Much later Luigi would claim that he immediately left Rochester and made his way to Canada. He said he went to Niagara Falls by taxicab, then hid in the backseat of another cab and crossed the bridge to Canada. Once he made it safely over the border he said he then boarded a train to Toronto and from there caught a sleeper train to Montreal.

The police believed he’d actually remained in the vicinity of Rochester for a few days after the murder. They thought family and friends sheltered him while he gathered money and made his escape plans.

Born in 1887 in the province of Palermo near the northern coast of Sicily, Luigi immigrated to the United States as a young man. He arrived at New York’s Ellis Island on March 10, 1910. By the time of the murder he was a family man with a wife and four children.

Someone, possibly a family member, provided police with a photograph of Luigi, taken with his accordion sitting next to him on a stool, and it became the mug shot on his wanted card. There’s no evidence that he played professionally, but Luigi was clearly proud of his accordion. On the back side of his wanted card, the police made a note of the fact that he was a “good accordion player.”

Luigi DioGuardi_back_lowres

Luigi in disguiseRochester detectives traced Luigi to Montreal, where he’d grown a mustache as a disguise and adopted the alias “Louis Degarde.” “While the new appendage might have served to deceive an inexperienced observer, it did not fool detectives” noted one Rochester newspaper. He was in the process of moving his family to Montreal when detectives arrested him on May 6, 1922. The gun used in Salvatore’s murder was never recovered.

Luigi was sent to Auburn Prison for 10-20 years after pleading guilty to second-degree murder. He claimed he was heavily intoxicated at the time of the crime and had little memory of the night of the murder. There’s no way to know if he was allowed to take his accordion with him to prison to help pass the time.

After his release from Auburn Luigi rejoined his wife and sons in Rochester. When the 1940 federal census was taken he was employed as a tailor at the Hickey Freeman Clothing Company. He died in 1962 in Pompano Beach, Florida. The home where the murder occurred has been torn down and replaced by a parking lot.

Featured photo: Luigi DioGuardi’s photo with his accordion, which was pasted to the front of his wanted card. Collection of the author.

In and Out of the Colony

In and Out of the Colony

The police have been asked to be on the lookout for George A. Lewis, 27 years old, who escaped from the Gardner Insane Colony, Sunday. He is of slight build and has dark hair. He was dressed in a gray suit.

Fitchburg Sentinel (Fitchburg, Massachusetts), October 19, 1908

His name was recorded by the Worcester police as “Arthur or George Lewis” when he was arrested on October 4, 1913 for carrying a gun, B & E and larceny. His police identification card carries the following information:

Age: 28 years

Height: 5’11”

Weight: 170 pounds

Descent: African

Skin color: Coffee

Occupation: Hotel Waiter

His right hand had been broken at some point and he had scars on both sides of his head. (The scar on the right side is visible above his temple in his profile photo).

He was held for a grand jury hearing, but no newspaper articles about a charge or conviction were found. In his mug shot photos his eyes don’t quite focus and he looks like he’s unconcerned about his predicament.

George Allen Lewis was born on June 15, 1883 in Littleton, Massachusetts, the youngest of three children born to George and Abby (Smith) Lewis. Abby died of gastroenteritis in 1897. By 1900 George and his father moved to Boston, where his father worked as a day laborer and George attended school.

An article appeared in the Boston Post on November 25, 1901, about the attempted murder of a young, recently married, black man named George Lewis. George’s wife, Mary, hit her husband on the head with a hatchet after a quarrel stemming from visits she received from another man. “My only wish is,” she is reported to have said to Lieutenant Garland, “that the axe was not sharper. I wanted to kill him.” Mary Lewis had a violent past and had been involved in an earlier assault case in which someone threw a lighted lamp at her.

George survived the attack and told police that he loved his wife and simply had asked her to give up her male friend. Police were convinced “he had come pretty near being a model husband.”

Possibly the head injury George suffered, described as deep gash three inches long that bled profusely, caused a traumatic brain injury that eventually made him mentally unstable. By 1908, George was a patient in an asylum called the Gardner State Colony in Worcester County, Massachusetts.

A history of Gardner describes it as a “colony for mentally disturbed patients who were able bodied and sufficiently cooperative to engage in construction work for the institution.” The Colony had both an agricultural and a livestock farm and was self-supporting. Escapes were common, and after George escaped, in October 1908, the police were asked to be on the lookout for him. He was back as a patient in the Colony by 1910, when the federal census listed his occupation there as “housework.”

Gardner Insane Colony

Map of the Gardner State Colony from the 1907 annual report of the institution

His arrest in 1913 may have occurred after another escape, but it’s also possible he had an improvement in his mental health. The goal of the physicians who ran the Colony, according to annual reports published between 1903-1911, was to rehabilitate patients and release them back into the community. The Worcester city directory for 1915 lists a “George Lewis” who worked as a waiter and boarded at 23 Washington Street. The city of Worcester was less than 30 miles south of the Colony.

George was back at the Colony by 1918. In September of that year, a Gardner official filed a World War I draft registration card for him. His father, a resident of Roxbury, Massachusetts, was listed as his next of kin. George was no longer able to write his name, so someone at the institution signed for him with an “X.” The box where his occupation should have been written was instead stamped “INSANE.”

George was still a patient of the Colony when he was counted on the federal census in January 1920. Ominously he was one of the few inmates who had no occupation — apparently his mental condition had deteriorated to the point that he could no longer carry out even simple tasks. George was not listed on the 1930 federal census at the Colony or anywhere else.

In 1935 the Colony’s name was changed to the Gardner State Hospital. The hospital closed in 1976 and in 1981, a prison opened on the site. There’s a cemetery from the Colony years and a list of 132 people who are buried there appears on FindAGrave, but George’s name isn’t on the list. However the description of the cemetery notes that there could be as many as 600 more unidentified souls buried there and it’s likely that George is one of them.

Featured photo: Worcester Police Department Criminal identification card photos taken on October 4, 1913. Collection of the author.

The Love Nest

The Love Nest

COLTON, Sept. 16.—Accused of living as man and wife at the Anderson hotel here, Mrs. Helen M. Cassidy and William J. McLean, prominent real estate broker of this vicinity, were in A. W. U’ren’s justice court this morning for preliminary hearing. They are charged with adultery, and also contributing to the delinquency of a minor, with the husband of Mrs. Cassidy as the complaining witness.

The San Bernardino County Sun (San Bernardino, California), Sept. 17, 1926

Helen Cassidy had a stormy marriage. She and her husband Howard separated three times and had also gotten divorced and remarried. By 1926 the couple’s marriage was on the rocks again, so Helen took their youngest child, a five-year-old daughter, and left Howard. He moved back to his home state of Colorado with their two sons.

Helen took up with an older man, a real estate developer named William Johnston “W. J.” McLean. The couple, along with Helen’s child, moved into a residential hotel in Colton, California, a community just east of Los Angeles. The Anderson Hotel was close to where McLean and his business partner planned to build 100 stucco homes inspired by Spanish architecture. The Iowa-born McLean, who was unmarried, had previously worked in the Hollywood film industry as an assistant director.

Anderson Hotel

Anderson Hotel in Colton, circa 1930.

Howard hired a detective to locate his wife and their child. The detective found Helen and the little girl living with McLean at the hotel. The newspapers described the couple’s abode as a “Colton love nest.”

Furious over what Helen had done, Howard brought suit against his wife and McLean for adultery and contributing to the delinquency of a minor child. He also threatened to sue McLean for damages over alienation of Helen’s affections, demonstrating that “hell hath no fury like a man scorned.”

Adultery, defined as sex acts between a married person and someone who is not that person’s spouse, was a criminal offense in California at the time Helen and Howard were battling out their marriage out in the courts. The laws have since been changed and it’s currently only an “offense against public morals” in California, but it remains a crime, at least on the books, in many other states.

Convicted of adultery just after Christmas in 1927, Helen and McLean were sentenced to five to seven years each in state prison. Somewhat ironically, the pair was incarcerated in the same prison — San Quentin. (Women were held in San Quentin from the late nineteenth century until 1933 when the California Institute for Women in Tehachapi opened its doors.) Their mug book photos were taken during a period at San Quentin, in the late 1920s and 1930s, when the subject faced the camera head on and an angled mirror was placed over his or her shoulder. Only a single mugshot photo was produced, reducing both time and cost of photography.

Howard sued for a divorce, which was granted while Helen was still inside, and he got custody of the couple’s three children. Helen requested that she be allowed to see her children once she was released from prison. According to her attorney, “She writes to me that she thinks she has atoned in full, under the execution of the sentence of the law, that a year in prison has changed her and that if she cannot see her three children her heart will break.” The divorce court judge agreed that Helen had “atoned for her sins” and should be allowed to see the children “at any reasonable time.”

Helen was paroled from San Quentin after 14 months and McLean was released after he served 18 months. The couple didn’t reunite after their prison terms were up. McLean returned to L.A., where he no doubt carefully checked the marital status of his future girlfriends. Helen moved to an apartment by herself in Berkeley, just north of the UC campus in northern California. Hopefully Howard followed the judge’s orders and allowed his ex-wife to see her children again.

Featured photos: San Quentin prisoner photos of Helen Cassidy and W.J. McLean. California State Archives.

Brothers in Arms and Chickens

Brothers in Arms and Chickens

Six inmates, all from the prison hospital, escaped from the Hutchinson reformatory here last night at 8:15 o’clock in one of the most daring and systematic breaks in recent years. Following the carefully laid plans the six took advantage of two prison ladders, one of which was equipped with special hooks, made a dash for a dark spot on the east wall, scaled it and disappeared before the hospital guard noticed their absence.

The Hutchinson News (Hutchinson, Kansas), March 4, 1929

Clarence Pruitt KSP

Clarence Pruitt, KSP prisoner photos, 1926

Clarence Pruitt was paroled in August 1928 from the Kansas State Penitentiary (KSP) after serving two and a half years for stealing 32 chickens from a farmer named Guy Platte. Soon after he was paroled, authorities discovered that in 1925, he’d escaped from the State Industrial Reformatory in Hutchinson. Rather than allowing him to enjoy his new freedom, they sent him back to the reformatory to serve out the rest of his 1924 sentence for grand larceny.

Clarence Pruitt back_marked

Clarence was one of the six men who escaped from Hutchinson into the frigid March night in 1929. He was recaptured in July. Rather than risk another escape from Hutchinson he was sent to the more secure state penitentiary — round two at the KSP for Clarence.

Lyal Berry became prisoner # 6549 at the KSP on July 19, 1919, after he pleaded guilty to second-degree burglary. He’d burgled three homes in Peabody, Kansas, was arrested and broke out of jail by cutting through the bars on the window of his cell with a stolen saw. He told prison officials he was 22 but he was actually only 17 years old and a recent graduate of the state reformatory for juveniles in Colorado. Though young, he had an impressive criminal career of robberies and jailbreaks under his belt, along with a bullet wound sustained when he was shot by a pursuing police officer after his jailbreak.

Cecil Pruitt

Lyal Berry (Cecil Pruitt), KSP prisoner photos, 1919

Lyal’s real name was Cecil Pruitt. He loved aliases and he had at least five of them, including the name of his older brother, Clarence. Born on August 17, 1901, he was two years younger than Clarence. The Pruitt brothers’ father, William, died in 1911, while they were still boys. Their mother, Elizabeth, moved to Denver, Colorado, after William’s death, where she got remarried. Clarence left school after 8th grade to work as a coal miner and farmer. Cecil only made it through 5th grade.

Although he had a poor prison record, Cecil was paroled from the KSP in August 1924, four days after his 23rd birthday. It didn’t take long for him to violate his parole. The Kansas authorities located him at the New Mexico State Penitentiary, in July 1925, where he was serving a five to six year sentence for burglary and armed robbery. He was returned to KSP to serve the rest of his sentence for the 1919 burglary on July 20, 1928 — round two at the KSP for Cecil.

The Pruitt brothers had a couple of months together at the KSP before Cecil was pardoned and released on December 13, 1929. Clarence got out in 1930.

Unfortunately the story doesn’t end well for the Pruitt brothers. In March 1931, a car containing more than 100 stolen chickens was found abandoned in Greeley, Colorado. The vehicle was traced to Clarence, who pleaded guilty to theft of 1,200 to 1,800 chickens in the area and was sentenced to two to three years in a state prison. Clarence’s wife blamed his brother for her husband’s legal troubles, but by then Cecil was in a Denver jail on a narcotics charge. Plus Cecil had always been more interested in stealing cash and jewelry than chickens.

Despite having served multiple prison sentences for chicken theft, other people’s chickens continued to tempt Clarence, and by 1940 he was incarcerated in the Missouri State Penitentiary. On May 8, 1950 he was arrested for stealing 100 chickens from farms in several counties outside Denver. He pleaded innocent to the charges and the outcome of his case wasn’t reported.

If he’d spent his criminal career stealing chickens, Cecil might have lived to a ripe old age. Instead his body was found in a “blood-stained, bullet-pocked” car in Kansas City on September 7, 1931, less than a month after he turned 30. He’d been beaten to death. Police suspected a fellow gangster killed him, but his murder was never solved. His sisters collected his body and buried him.

Featured photo: Front of reward card issued for Clarence Pruitt, prisoner #6216. Collection of the author.