Showing posts with label Harding. Show all posts
Showing posts with label Harding. Show all posts

09 July 2017

Garvan battled radicals and Mafiosi

In Wrongly Executed? I outlined connections between the anarchist movement and the early Mafia in the United States. I drew special attention to government officials - like William Flynn of the U.S. Secret Service and the Bureau of Investigation - who worked against both organizations. Francis P. Garvan was mentioned for his work against political radicals, but I neglected to note the full impact of Garvan's campaign against "enemies" of the U.S. and his encounter with the fledgling Mafia of New York. Here is a more complete telling of Garvan's story.

Francis P. Garvan
Francis Patrick Garvan was from a well-connected and wealthy Connecticut family. He was born June 13, 1875, in East Hartford to Patrick and Mary Carroll Garvan. He graduated from Yale University and received his training in the law at New York University Law School. As a young man, he earned a reputation as a fine lawyer in New York City. He was hired as an assistant district attorney of New York County by interim D.A. Eugene Philbin and continued in the office during the term of D.A. William T. Jerome.

Garvan's field of legal expertise was homicide prosecution, and in that role he came in contact with New York Mafia leader Giuseppe Morello.

Following the "Barrel Murder" of 1903, Garvan presented evidence at a coroner's inquest. Secret Service agents testified that they had been watching the Morello organization, hoping to gain evidence of its counterfeiting activity, and saw barrel murder victim Benedetto Madonia with the Mafia leaders on the evening before his bloody corpse was found crammed into a roadside barrel. NYPD Detective Joseph Petrosino helped to identify the victim by testifying about a Sing Sing Prison interview with Madonia's brother-in-law, convicted Morello gang counterfeiter Giuseppe DePrima. The result of the inquest was the best Garvan could have hoped for. The jury decided that, while the killer of Madonia was not specifically known, seven Mafia suspects acted as accessories in the murder:

We find that [Madonia] came to his death on April 14, 1903, when he was found in a barrel at Avenue D and Eleventh-st., by incised wounds of the throat inflicted on the day aforesaid by some person or persons unknown to the jury. We also find as accessories thereto the following named persons: Tommasso Petto, Guiseppe Fanaro, Giuseppe Morello, Pietro Inzarillo, John Zacconni, Antonio Messina Genova and Vito Laduca.

Eventually, the prosecution focused on Petto, as he was found in possession of a pawn ticket for the victim's gold watch. After some time, Petto was freed because of a lack of evidence that he killed Madonia.

Garvan was highly regarded for his work as a prosecutor of homicide cases, and that field continued to be his focus through the first decade of the Twentieth Century. However, he actually proved far more adept at abusing the rights of those categorized by the U.S. as "enemies."

A. Mitchell Palmer, Francis Garvan, William Flynn (left to right).

Near the conclusion of the Great War, Garvan was appointed to the position of alien property custodian, succeeding A. Mitchel Palmer. In that federal role, he far surpassed Palmer's activities. (The office was intended merely to hold and maintain U.S.-based assets of the nationals of enemy countries. Palmer expanded the scope of his office by seizing U.S.-based properties and trust funds of American women who had married Germans and Austrians.)

Garvan seized thousands of lucrative drug and dye patents and hundreds of trademarks and copyrights held by German companies and distributed them to U.S. companies through the Chemical Foundation he created and personally led. The action broke longstanding German monopolies and launched the American chemical industry. Postwar lawsuits - one was brought by the U.S. Harding Administration - against the Chemical Foundation and federal officials, including Garvan (who was accused of using his position as a public trustee to sell the valuable patents to himself), were largely unsuccessful.

Germany, financially crippled by the conditions of the Treaty of Versailles, noted that just one group of the seized and sold patents relating to nitrogen would have been worth approximately $17 million (more than $200 million today). Garvan had set aside only about $250,000 as compensation for all of the patents.

During the postwar "Red Scare," Garvan was installed as the U.S. assistant attorney general for investigations (under Palmer), personally in charge of the Justice Department's war against political radicals. The effort appeared to be the result of a series of bombings directed by anarchists against government figures and leading capitalists. There is some evidence that a war on radicals was in the planning stages before the bombings occurred.

NY Evening World, June 12, 1919.

Garvan oversaw (pre-FBI) Bureau of Investigation head William Flynn and a young John Edgar Hoover (selected to lead the Anti-Radical Division) as they rounded up and quickly deported to Russia hundreds of foreign-born American residents suspected of anarchist or communist beliefs. Behind the scenes, the Bureau conducted an extensive search for an anarchist leader named Giuseppe Sberna, believed to be a mastermind of the bombings. It appeared that Sberna had left the country.

In early November, 1919, agents of the Justice Department and the Bureau of Immigration teamed with local law enforcement to raid offices of the IWW-aligned Union of Russian Workers in cities across the Northeast and Midwest. The raids resulted in many hundreds of arrests. The total was found to include a large number taken by mistake, and the final official tally for the November raids was 211. That was just the beginning of a Garvan campaign to "stamp out the Red menace." Under his guidance, the Justice Department was said to have assembled a list of 60,000 targeted radicals.

Over the following month, additional "undesirable" aliens were added to the group held in custody. Longtime anarchist editors Alexander Berkman and Emma Goldman were arrested. In December, the number of detained radicals reached 249. On Dec. 22, the transport ship Buford left New York harbor bound for Russia with the 249 on board. The Buford was nicknamed "the Soviet Ark," and the Justice Department announced plans for additional arks.

New York Times, Jan. 3, 1920.

More extensive raids against political radicals occurred in the opening days of 1920. These targeted members of the Communist Party and Communist Labor Party in thirty-three U.S. cities.

By spring, the Justice Department's persecution of political dissenters was being compared with the secret police of czarist Russia. A group of prominent U.S. legal minds publicly opposed the "lawlessness, cruelty and persecution on a wholesale scale by the government agents." The group found evidence that undercover agents in the Justice Department's employ were infiltrating radical organizations and inciting members toward criminal acts; that searches, arrests and imprisonments were being conducted without warrant; that prisoners were being forced to confess and that detainees were prevented from communicating with friends or attorneys. Additional groups condemned the unconstitutional actions of the Palmer-Garvan Justice Department, and Congressional inquiries were launched.

On Sept. 16, 1920, an anarchist bomb exploded in the center of New York's financial district. Dozens of people were killed, many were injured, and buildings were torn apart by the blast. Garvan was by District Attorney Palmer's side as he began an investigation. Once again, federal agents searched in vain for anarchist leader Giuseppe Sberna.

1920 Wall Street bombing.

Even in the wake of the Wall Street bombing, the anti-radical campaign of the Justice Department continued to lose public support. Warren Harding's election as President in November was its end. Palmer and Garvan were pushed out of their government jobs upon Harding's 1921 inauguration, and Flynn was removed from the Bureau of Investigation several months later. (Hoover was moved up to the position of assistant BOI chief and later became director of the renamed Federal Bureau of Investigation.)

Garvan continued his work with the Chemical Foundation, headquartered on Madison Avenue in New York City. He died at his Park Avenue home on Nov. 7, 1937, at the age of 62. He had lived just long enough to spot the familiar name of "Sberna" in the news.

Charles Sberna, son of the fugitive anarchist leader Giuseppe Sberna and son-in-law of New York Mafia boss Giuseppe Morello, was charged with the murder of a New York City police officer one month earlier.

Partial list of sources:
  • "Seven Italians held," New York Tribune, May 9, 1903, p. 6.
  • “Another arrest in barrel murder case,” New York Times, May 9, 1903, p. 6.
  • "Palmer takes over American trusts," New York Times, Nov. 5, 1918, p. 20.
  • "Restore Ehret property," New York Times, Dec. 20, 1918, p. 8.
  • "Francis P. Garvan promoted to assistant attorney general," New York Times, June 3, 1919, p. 15.
  • "Will deport Reds as alien plotters," New York Times, Nov. 9, 1919, p. 3.
  • "249 Reds sail, exiled to Soviet Russia," New York Times, Dec. 22, 1919, p. 1.
  • "Reds raided in scores of cities," New York Times, Jan. 3, 1920, p. 1.
  • "Sue Palmer and Garvan," New York Times, Jan. 16, 1920, p. 13.
  • "Palmer promises more Soviet Arks," New York Times, Feb. 29, 1920, p. 25.
  • "Lawyers denounce raids on radicals," New York Times, May 28, 1920, p. 6.
  • "Seek owner of truck that carried bomb to Wall Street," New York Times, Sept. 18, 1920, p. 1.
  • "12 lawyers renew attack on Palmer," New York Times, Jan. 19, 1921, p. 28.
  • "President orders return of patents," New York Times, July 2, 1922, p. 1.
  • "Joins German plea and Harding order," New York Times, July 8, 1922, p. 1.
  • "Says Garvan called Metz a 'traitor,'" New York Times, June 28, 1923, p. 19.
  • "Denies politics in patent sales," New York Times, July 4, 1923, p. 15.
  • "Court upholds sale of German patents seized during war," New York Times, Jan. 4, 1924, p. 1.
  • "Dye sales stand; government loses," New York Times, Oct. 12, 1926, p. 4.
  • "Francis P. Garvan, lawyer, dies here," New York Times, Nov. 8, 1937, p. 23.

Read more:


Wrongly Executed?: The Long-forgotten Context of Charles Sberna's 1939 Electrocution

29 October 2016

On this date in 1921: President commutes Lupo sentence

On this date in 1921 - President Warren Harding granted paroled counterfeiter Ignazio Lupo a conditional commutation of a thirty-year sentence imposed in 1910. 

Ignazio Lupo
This turned out to be a significant moment in U.S. Mafia history, so let's take a closer look at what went on. Though Lupo was already out of prison (paroled on June 30, 1920), the Oct. 29, 1921, commutation lifted parole restrictions and allowed Lupo to leave the U.S. legally and return. Harding's decision followed months of pressure by Lupo and his allies.

In September of 1920, U.S. Pardon Attorney James A. Finch received requests to process an application for clemency that had been filed when Lupo was still an inmate at Atlanta Federal Prison. Finch's office found the requests improper, as Lupo was essentially a free man at that moment. The clemency application had become void upon Lupo's parole. In December, Lupo filed a new application for executive clemency, noting that other men imprisoned at the same time as Lupo and for the same offense were out of prison and unimpeded by parole restrictions at that time. The application went unnoticed.

Lupo made appeals to U.S. Senator William M. Calder, a resident of Brooklyn. In June of 1921, Calder wrote to Pardon Attorney Finch, saying that Lupo recently had received a telegram from Italy reporting his father's death. (Lupo's father appears to have died about 1916.) Calder argued that it was necessary for Lupo to return to Sicily to settled the family estate. Finch and acting Superintendent of Prisons Sewall Key reviewed the situation and found there was nothing they could do for Lupo. They reported back to Senator Calder in July, suggesting that only a Presidential pardon could lift the parole restrictions. A clemency petition bearing 60 signatures was submitted to Senator William M. Calder in August. Calder then received clemency requests in letters from Lupo and others, including a former assistant U.S. attorney and the editor of the Italian-language newspaper Il Giornale Italiano.

Early in October, Lupo parole officer Louis Miller of Brooklyn approached President Harding with a formal request for a temporary conditional pardon of six months. According to Miller, Lupo needed to travel to settle his father's estate.

Lupo elected not to reveal that he wished to travel abroad in order to escape a death sentence imposed by American Mafia boss of bosses Salvatore D'Aquila. Following the prison releases of Lupo and his brother-in-law Giuseppe Morello, D'Aquila apparently felt that his position was threatened. Morello was the previous boss of bosses and had been D'Aquila's underworld commander until heading to prison for counterfeiting. At a Mafia meeting in the summer of 1920, D'Aquila trumped up a conflict with Morello and his loyalists and condemned Morello, Lupo and ten other Mafiosi to death. Most of the targeted men traveled to Sicily in quest of a safe haven and some underworld support.

Miller managed to interest Harding in the case, and the President asked Attorney General Harry M. Daugherty to weigh in on the matter. On October 10, Daugherty responded that there was no precedent for a limited-time pardon. "Further," wrote the attorney general, "I am not entirely satisfied that [Lupo] goes to Europe for the purpose stated." Assistant Attorney General John W.H. Crim wrote to Harding with a similar opinion but suggested that the President could commute Lupo's sentence to expire fully, effectively causing parole also to expire, and that place "conditions subsequent" to the commutation.

The commutation issued by President Harding on October 29, 1921, was specifically conditional on Lupo remaining law-abiding, "of which fact the President himself shall be the sole judge."

The short-term impact of Harding's decision was to allow Lupo to escape D'Aquila's wrath in November 1921. While he was away, a new rival, Giuseppe Masseria, emerged to challenge the boss of bosses. By the time of Lupo's return on May 13, 1922, D'Aquila and Masseria were at war for control of the Mafia in New York. Masseria emerged victorious, and figures from the Morello faction became his trusted advisers.

The long-term impact of the decision was not as favorable for Lupo. In July of 1936, then-President Franklin Roosevelt determined that the 59-year-old Lupo had not lived up to the conditions imposed by Harding (Lupo had been arrested in connection with murder investigations, extortion and labor racketeering). Roosevelt ordered that Lupo's original counterfeiting sentence be restored and that Lupo be arrested and returned to Atlanta Federal Prison to serve the remaining 7,174 days (more than 19 and a half years) of that sentence. He remained in prison for about ten years. A generous "good time allowance" permitted the release of the ailing and senile Lupo just in time for Christmas 1946. Lupo died in mid-January, 1947.

Sources:

  •   Ciro Terranova passport application, submitted Oct. 14, 1921, approved Oct. 17, 1921.
  •   Flynn, William, Daily Report, Feb. 19, 1910, Department of the Treasury, United States Secret Service Daily Reports, R.G. No. 87, Vol. 29, National Archives.
  •   Gentile, Nick, with Felice Chilante, Vita di Capomafia, Rome: Crescenzi Allendorf, 1993, p. 71-72, 75, 86.
  •   Ignatio Lupo, appellant, v. Fred Zerbst, appellee, United States Circuit Court of Appeals for the Fifth Circuit, No. 8471, Oct. 19, 1937.
  •   Ignazio Lupo Prison File, #2883, Atlanta Federal Prison, National Archives and Records Administration.
  •   New York City Death Index, certificate no. 524, Jan. 13, 1947. 
  •   Passenger manifest, S.S. Dante Alighieri, sailed from Naples on April 30, 1922, arrived in New York City on May 13, 1922.
  •   Passenger manifest of S.S. Presidente Wilson, arrived New York on Jan. 18, 1922.
  •   Santo Calamia, application for passport, 73710, New Orleans, LA, Aug. 5, 1921.
  •   "150 years in all for the Lupo gang," New York Times, Feb. 20, 1910, p. 1.
  •   "30 years for 'Wolf,'" Washington Post, Feb. 20, 1910, p. 1.
  •   "Bread racket violence traps Lupo 'the Wolf' at baker's door," New York Herald, July 17, 1935.
  •   "Contractor slain by Bath Beach gang," New York Times, Oct. 9, 1930, p. 29.
  •   "Gangland adds 2 more murders to its Brooklyn list," Brooklyn Daily Eagle, Oct. 9, 1930, p. 23.
  •   "Girl, woman, 4 men shot in battle of two bootleg bands," New York Times, May 9, 1922, p. 1.
  •   "Gunmen kill cousin of 'Lupo the Wolf,'" New York Times, May 9, 1922, p. 3.
  •   "Law's limit given," Washington D.C. Evening Star, Feb. 20, 1910, p. 5.
  •   "Long jail terms," New York Tribune, Feb. 20, 1910, p. 1.
  •   "Lupo freed from Ellis Island," Brooklyn Daily Eagle, June 13, 1922, p. 2
  •   "Mulrooney orders harder crime fight by police officials," New York Times, Aug. 29, 1931, p. 1.
  •   "Only two crimes reported in 24 hours as police seize 84 suspects in city round-up," New York Times, Aug. 28, 1931, p. 1.
  •   "Police round up eight," New York Times, Dec. 3, 1923, p. 19
  •   "Prison shuts again on Lupo the Wolf," New York Times, July 16, 1936, p. 1.
  •   "U.S. bars 'Lupo the Wolf,'" Brooklyn Daily Eagle, May 14, 1922, p. 6.
  •   "'Lupo the Wolf' notorious criminal, freed by Washington from Ellis Island," New York Times, June 13, 1922, p. 1.

- Thomas Hunt