Showing posts with label Italy. Show all posts
Showing posts with label Italy. Show all posts

24 June 2019

Peers salute Genovese after murder acquittal

On this date in 1946...

Leaders of Mafia crime families based in the eastern U.S.  assembled at Midtown Manhattan's Hotel Diplomat, 108-116 West 43rd Street, on June 24, 1946, for a welcome home banquet in honor of Vito Genovese, according to Dom Frasca's book King of Crime (New York: Crown Publishers, 1959). Pittson, Pennsylvania, boss Santo Volpe was the first to greet the guest of honor, Frasca wrote. Reportedly the most senior of the crime bosses in attendance, Volpe led "Don Vitone" to a leather chair at the head of table. The remaining twenty-seven Mafiosi, standing around the table, offered their greetings and congratulations.

Genovese actually had been home in the United States for a few weeks by then. He returned from Italy June 1 in the custody of the U.S. Army Provost Marshal's Office and was turned over to New York prosecutors to stand trial for ordering "hits" on Ferdinand "the Shadow" Boccia and William Gallo in 1934. Boccia was murdered, but Gallo survived. (Genovese also was suspected of calling for the 1943 murder of anti-Fascist editor Carlo Tresca.)

As underboss to Salvatore "Charlie Luciano" Lucania in the summer of 1936, Genovese was poised to take control of a sprawling and highly profitable crime family when Lucania was convicted of compulsory prostitution and given a lengthy prison sentence.

Genovese was naturalized a U.S. citizen in November 1936, but almost immediately obtained a passport to leave the country, as he feared prosecution for the Boccia murder. He served the Fascist regime of Benito Mussolini during World War II but then worked as an interpreter for the occupying American forces beginning in January 1944.

Murder suspects: Genovese, Mike Miranda, George Smurra, Gus Frasca.
(Brooklyn Eagle)

While he was away, Brooklyn prosecutors built the murder case against Genovese and other crime family leaders, largely through the confession of Ernest "the Hawk" Rupolo, who took part in the attacks on Boccia and Gallo, and corroborating testimony of witness Peter LaTempa. On August 7, 1944, a Kings County grand jury indicted Genovese for homicide. That news was transmitted to military officials, and Genovese was arrested in Italy by the end of the month.

It took months for the extradition process to begin. During that process, prosecutors' only corroborating witness, LaTempa, died in a prison holding cell of a mysterious drug overdose. Corroborating testimony was essential to the case, as state law would not permit conviction based solely on the testimony of an accomplice in the crime.

Prosecutors went ahead with the case following Genovese's return. Genovese was arraigned for the Boccia murder in Kings County Court on June 2, 1946. Trial began on June 6. Rupolo stepped to the witness stand the next day and testified that he was hired by Genovese to eliminate Boccia and Gallo. William Gallo also testified. The state rested its case that day, and the defense immediately moved that the charge against Genovese be dismissed due to lack of evidence.

Hotel Diplomat
(Museum of City of New York)
Judge Samuel Leibowitz (a former criminal defense attorney) dismissed the indictment and directed a verdict of not guilty. But he clearly wasn't happy about the situation. "I am constrained by law to dismiss the indictment and direct the jury to acquit you," the judge stated. "...You and your criminal henchmen thwarted justice time and again by devious means, among which were the terrorizing of witnesses, kidnaping them, yes, even murdering those who could give evidence against you. I cannot speak for the jury, but I believe that if there were even a shred of corroborating evidence, you would have been condemned to the chair."

Genovese was freed on June 10, two weeks before the Hotel Diplomat gathering reported by Dom Frasca.

Years of "government" work - first with Fascists and later with occupiers - apparently left Genovese with a large nest egg (or perhaps his colleagues gave him more than just greetings and food at the banquet). One month after the welcome home party, Genovese purchased a $40,000 seaside home at 130 Ocean Boulevard, Atlantic Highlands, New Jersey. The deal was reportedly made in cash.

Genovese once again became a key figure in the former Lucania Crime Family.

A decade later, following a 1957 botched murder attempt that left a lasting impression on boss Frank Costello's mind as well as his scalp, Genovese finally moved into the top spot of an organization that would from that time on be associated with his name.

Sources:

  • "'Hawk' tips off police to 4 slayings," Brooklyn Eagle, Aug. 9, 1944, p. 1.
  • "Arrest in Italy in Tresca slaying," New York Post, Nov. 24, 1944.
  • "Chronological history of La Cosa Nostra in the United States," Organized Crime: 25 Years After Valachi,Permanent Subcommittee on Investigations, Washington D.C, 1988.
  • "Court weighs motion to acquit Genovese," New York Times, June 8, 1946.
  • "Death of four is laid to gang," New York Sun, Aug. 9, 1944, p. 6.
  • "Genovese, cleared of murder, buys $40,000 manse in Jersey," New York Sun, Aug. 16, 1946, p. 5.
  • "Genovese denies guilt," New York Times, June 3, 1945.
  • "Genovese free in murder case," New York Sun, June 10, 1946, p. 1.
  • "Murder trade's jargon explained in court," New York Sun, June 7, 1946, p. 1.
  • "Warrants out for 6 in 1934 gang murder," New York Daily News, Aug. 8, 1944, p. 28.
  • Frasca, Dom, King of Crime, New York: Crown Publishers, 1959.
  • Manifest of S.S. James Lykes, departed Bari, Italy, on May 17, 1945, arrived NYC June 1, 1945.
  • People v. Vito Genovese, Ind. #921/44, Brooklyn District Attorney.
  • Vito Genovese naturalization record, U.S. District Court for the Southern District of New York, petition mo. 256403, filed Dec. 19, 1935, certificate no. 4129975, Nov. 25, 1936, canceled Sept. 1, 1955.

05 May 2018

1891 grand jury indicts bribers, defends killers

Says number involved in Crescent City lynchings
makes indictment, prosecution impossible


On this date in 1891...
A grand jury, tasked with examining the March 14 riotous attack on Orleans Parish Prison that left eleven inmates dead, issued a final report that not only refused to indict any involved in organizing and performing the prison break-in and killings but also rationalized and defended the acts of those who took the law into their own hands.


(Pittsburgh Dispatch coverage from May 6, 1891, shown at right.)



An execution squad cornered its helpless
targets in the prison yard and opened fire.

The prison raid occurred the morning after a trial jury failed to convict nine men accused of conspiring in the Mafia assassination of local Police Chief David C. Hennessey. Six defendants in that case were acquitted. A verdict could not be reached on the remaining three. The defendants all were held in the prison overnight, March 13-14, to await the dismissal of a related charge in another court.

Parkerson
The verdict was widely considered a miscarriage of justice achieved through jury bribery. A group of civic leaders led by William Stirling Parkerson gathered as a "Vigilance Committee" on the evening of March 13. They arranged for a mass meeting of local citizens the next day and published an inflammatory ad in local newspapers: "All good citizens are invited to attend a mass meeting on Saturday, March 14, at 10 o'clock a.m., at Clay Statue, to take steps to remedy the failure of justice in the Hennessy case. Come prepared for action." The ad was signed by the committee members.

According to reports, the organizers also selected an execution team of at least a dozen men, provided them with repeating rifles and instructed them on the list of prisoners who were to be killed.

https://amzn.to/2roAxEh
On the morning of March 14, thousands of citizens turned out for the meeting, assembling around the statue of Henry Clay, then positioned in the center of Canal Street's intersection with St. Charles and Royal Streets. Parkerson and other Vigilance Committee leaders made fiery speeches and then organized a march to the Parish Prison, positioning execution team members at the front. When refused entry into the prison, a door was broken down and the execution team was sent inside. Parkerson's committee positioned guards at the broken door to ensure that the assembled mob was kept out of the prison.

Though deliberately planned and carefully executed, the killings at Orleans Parish Prison were classified as lynchings - casualties of irrational mob violence. The incident has since been regarded as the largest lynching in American history. Of the eleven men killed within the prison walls, just six had been among the defendants in the recent trial. The other five were accused Mafia conspirators who had not yet been brought to trial. Most of the victims were immigrants from Italy, though a majority had achieved or taken steps toward U.S. citizenship.



As it probed the complete breakdown of local law and order, the grand jury heard testimony from hundreds of witnesses through a period of more than three weeks. Long before its findings were made public, there were indications that the panel would take no action against anyone involved in the March 14 killings. The only indictments it returned during its investigation were against six individuals accused of plotting in the selection and bribery of assassination trial jurors: private detective Dominick C. O'Malley, Thomas McCrystol, John Cooney, Bernard Claudi, Charles Granger and Fernand Armant.

O'Malley
Developments were closely followed around the globe. In advance of the grand jury report, Italy issued a treaty-based demand that the U.S. federal government take action to bring to justice the perpetrators of the March 14 violence and called for reparation payments. When Secretary of State James G. Blaine responded that the federal government had no authority to interfere in the Louisiana matter, Italy withdrew its ambassador to the United States, and newspapers wondered about the possibility of war.

The panel's final report, delivered to Judge Robert Hardin Marr on May 6, 1891, decided that the March 14 raid on the prison was "directly traceable to the miscarriage of justice as developed in the verdict rendered on March 13." It criticized abuses of the jury system by the Mafia secret organization and its associates in the New Orleans community.

The grand jury harshly criticized the combined interests of private detective O'Malley and defense attorney Lionel Adams, who represented the assassination trial defendants: "Such a combination between a detective and a prominent criminal lawyer is unheard of before in the civilized world, and when we contemplate its possibilities for evil we stand aghast."

It accused several on the assassination trial jury of selling their verdict: "...the moral conviction is forced upon us that some of the jurors impaneled to try the accused on the charge of assassination of the late chief of police were subject to a money influence to control their decision. Further than this, we may say it appears certain that at least three, if not more, of that jury were so unduly and unlawfully controlled."

The grand jury referred only in the most glowing terms to those who participated in the break-in at the prison and the killings of helpless inmates held there. It justified the March 14 violence as a correction of wrongdoing:

It is shown in the evidence that the gathering on Saturday morning, March 14, embraced several thousands of the first, best, and even the most law-abiding of the citizens of this city, assembled, as is the right of American citizens, to discuss in public meeting questions of grave import. We find a general sentiment among these witnesses and also in our intercourse with the people that the verdict as rendered by the jury was contrary to the law and the evidence and secured mainly through the designing and unscrupulous agents employed for the special purpose of defeating the ends of justice. At that meeting the determination was shown that the people would not submit to the surrender of their rights into the hands of midnight assassins and their powerful allies.

The grand jury dismissed as impossible the notion of bringing any charges against the March 14 killers, as it was a popular movement and prosecutors could not hope to bring an entire city to trial. The panel claimed to be unable to determine the identities of the vigilante leaders:

We have referred to the large number of citizens participating in this demonstration, estimated by judges at from 6000 to 8000, regarded as a spontaneous uprising of the people. The magnitude of this affair makes it a difficult task to fix the guilt upon any number of the participants - in fact, the act seemed to involve the entire people of the parish and City of New Orleans, so profuse is their sympathy and extended their connection with the affair. In view of these considerations, the thorough examination of the subject has failed to disclose the necessary facts to justify this grand jury in presenting indictments.

The grand jury included foreman W.H. Chaffe, Geo. H. Vennard, O. Carriere, D.R. Graham, David Stewart, T.W. Castleman, G.A. Hagsett, Jr., W.L. Saxon, E. Gauche, A.S. Ranlett, G.C. Lafaye, H. Haller, John H. Jackson, W.B. Leonard, P.J. Christian and Emile E. Hatry.

Coverage of the grand jury report and U.S.-Italy relations:
  • "The grand jury," New Orleans Daily Picayune, May 6, 1891, p. 1.
  • "The grand jury," New Orleans Times-Democrat, May 6, 1891, p. 1.
  • "Can't indict a whole city," New York Evening World, May 6, 1891, p. 1.
  • "Popular will pleaded," New York Sun, May 6, 1891, p. 1.
  • "That grand jury report," New York Times, May 7, 1891, p. 1.
  • "Lynching all right," Pittsburgh Dispatch, May 6, 1891, p. 1.
  • "No indictments," Pittsburgh Post, May 6, 1891, p. 1.
  • "No consolation for Italy," Rochester NY Democrat and Chronicle, May 6, 1891, p. 1.
  • "The diplomatic controversy...," Glasgow Scotland Herald, May 5, 1891, p. 6.
  • "Italy in a hurry," Marion OH Daily Star, April 1, 1891, p. 1.
More on this subject:

Deep Water:
Joseph P. Macheca and the Birth of the American Mafia

by Thomas Hunt and Martha Macheca Sheldon