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.


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.