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PROHIBITION ENFORCEMENT
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LETTER FROM
THE SECRETARY OF THE TREASURY
TRANSMITTING
IN RESPONSE TO SENATE RESOLUTION NO. 325, THE REPORT
OF LINCOLN C. ANDREWS, ASSISTANT SECRETARY OF THE
TREASURY, AND DAVID H. BLAIR, COMMISSIONER OF INTER-
NAL REVENUE RELATIVE TO, UNDERCOVER WORK
OF THE PROHIBITION PERSONNEL
TOGETHER WITH
COPIES OF LETTERS OF INSTRUCTIONS, ORDERS, AND COM-
MUNICATIONS HAVING REFERENCE TO THE SUBJECT
JANUARY 25, 1927.— Referred to the Committee on the Judiciary, and ordered
to be printed
WASHINGTON
GOVERNMENT PRINTING OFFICE
1927
LETTER OF TRANSMITTAL
TREASURY DEPARTMENT,
Washington, January &5, 1927.
The PRESIDENT OF THE SENATE.
SIR: I herewith transmit report of David H. Blair, Commissioner
of Internal Revenue, and Lincoln C. Andrews, in accordance with
Senate Resolution No. 325.
Very truly yours, A. W. MELLON,
Secretai^y of the Treasury.
ni
PROHIBITION ENFORCEMENT
The accompanying copy of letter of January 6, 1927, from the
Secretary of the Treasury to the chairman of the Committee on the
Judiciary is the only correspondence in this department relating
to the operation of the so-called bridge whist club, 14 East Forty-
fourth Street, New York City. The existence and operations of this
establishment were necessarily guarded by the greatest secrecy, and
no written records whatever were made.
JANUARY 6, 1927.
Hon. GEO. S. GRAHAM,
Chairman, Committee on the Judiciary,
House of Representatives, United States.
DEAR MR, CHAIRMAN: I have your letter of January 4, inclosing
a copy of H. K. 352, presented by Mr. LaGuardia, and which asks
me certain questions in regard to prohibition enforcement; In gen-
eral, the first five questions can be answered in the affirmative and
the tenth question in the negative. To go into the details of the
other questions would involve laying open to the violators of the
prohibition act details as to the means used by the Treasury in
obtaining evidence of law violation, a showing which I do not
believe would be compatible with the public interest. All of the
accounts of the Treasury, including the so-called " under-cover fund,"
are audited by the Comptroller General of the United States, and
so also the disposition of the proceeds of the sale of the bridge
whist club is subject to the Comptroller's audit. It has been the
effort of the Treasury, in pursuance of its duties of enforcing the
prohibition law, to discover and assist in the prosecution of large
conspiracies in violation of law. The work of Mr. Bielaski has been
exceedingly fruitful. Through him many large cases have been
brought to trial and convictions had. The Dwyer case, resulting in
the conviction of William W. Dwyer and his principal lieutenants
is an instance of Mr. Bielaski's "under-cover work." The case now
on trial in New York against the Costello-Kelly rum ring is another.
Very truly yours,
A. W. MELLON,
Secretary of the Treasury.
Memorandum bridge whist club
Cost of operation $5,576.50
Received from sale of lease and fixtures, but not including good will 2, 290. 56
1
4 PROHIBITION ENFORCEMENT
Plattsburg and Champlain, N. Y., who were in the liquor business
and the agents about the middle of December drove from Albany
to Plattsburgh direct where they presented their letters of introduc-
tion to the different dealers and purchased liquor and beer. The
agents were instructed to keep their expenses as low as possible and
they were ordered to confine their purchases to not more than 10
cases of beer, which ordinarily cost on the Canadian border about $8
per case. Once in a while the agents found it necessary to purchase
a case of whisky or a case of wine where the dealers did not have
beer on hand. The usual purchase \vas 10 cases of beer which the
agents would bring from Plattsburg or Champlain to Albany or
Troy for which they received a profit of from $3 to $4 per case.
At the end of each trip a detailed, confidential report was sub-
mitted to me and the money which had been received by the agents
for the sale of the liquor was turned over to me. The agents aver-
aged two trips per week and continued their operations for the
period from about the 10th or 15th of December to the first week in
February. They made in all some dozen or more trips and never
failed a single time to get all of the beer and liquor they wanted
from the wholesale liquor dealers on the border and never failed to
sell same at a profit on their arrival at Albany and Troy. In several
instances the dealers at Albany and Tr'oy paid our agents by check,
in which cases photostatic copies were made of the checks before
they were cashed and the money was then turned over to me to be
held until the cases were brought into court. After we had secured
evidence against practically every big bootlegger in the north coun-
try search warrants were procured before United States Commis-
sioner Hubbard at Albany and I brought in agents from Syracuse
and took with me some forty-odd agents from the New York office
and we arranged for a simultaneous raid at all places where evi-
dence had been secured, there being some 30 or more search warrants.
About 10 of them were in Plattsburg and immediate vicinity and
the others were chiefly in Albany and Troy. When the search war-
rants were served we seized several thousand bottles of beer and
whisky and made some 40 or more arrests. After the search war-
rants were served and the defendants taken before the United States
commissioners and held for the higher courts these two agents were
assigned to the district attorney's office at Syracuse for a period of a
week or more where indictments were drawn against all of these
persons charging conspiracy to violate the national prohibition act.
A special grand jury was called the latter part of February or the
first of March and true bills were rendered against all of the defend-
ants. A special term of court was then called in March to try these
cases. The witnesses in each case were agents, Clarence H. Parks
and Charles M. Forbes, myself, and the chemist. The agents swore
that they were instructed by me to proceed as they did and that
they were ordered to purchase and transport and sell this whisky,
and that the money in each instance was turned over to me. I
followed as a witness in each case and swore that I had procured
this money from my superior officer in Washington; that I had
authorized the agents to hire this automobile to transport this liquor ;
that I had given them the money with instructions to purchase and
transport and sell; and that the agents had accounted to me at the
end of each trip for the money expended and had turned over to me
PROHIBITION ENFORCEMENT 5
the money they had received for the sale of the liquor. I produced
in court each time "the money representing the proceeds of the sale.
My recollection is that we convicted every defendant except two or
three. In one instance we had prosecuted a man and his wife, and
the woman was acquitted, but the husband convicted. The fines
imposed, according to my recollection, ran considerably in excess of
$50,000. The sentences averaged from one to two years in the peni-
tentiary and from $2,000 to $10,000 fine in each case.
In the case against Harry C. Hartson and Barney Duken the attor-
ney representing these defendants, John E. Judge, of Plattsburg,
appealed from the sentence imposed by Judge Cooper, and the sen-
tence was set aside because the circuit court of appeals held that the
indictment was faulty, but no question was raised as to the admissi-
bility of the evidence.
In the case against Robert C. Hayes and Rosario A. Defranzo the
defendants' attorneys, Roscoe Irwin, of Albany, and John E. Judge,
of Plattsburg, appealed from the sentence of Judge Cooper, but the
sentence was upheld by the circuit court of appeals.
The case of Mr. and Mrs. Albion La Fountin was appealed from
the decision of Judge Cooper by defendants' attorney, John E.
Judge, of Plattsburg. The conviction on the first count charging
sale was overruled because the evidence showed that the sale was
made by La Fountin and his wife to the agents in Canada, but the
conviction was upheld as to the second, third, and sixth counts.
The decision of the circuit court of appeals in each of these cases is
shown in Federal Reporter, volume 14 (2d), No. 5, under date of
November 4, 1926. The case of Hartson et al. v. U. S. is shown on
page 561. The case of La Fountin v. U. S. is shown on page 562.
The case of Robert C. Hayes et al. v. IT. S. is shown on page 563.
The conviction of these wholesale liquor dealers operating on the
Canadian border had a most wholesome effect on the wholesale traffic
that had been going on for several years. Our agents on the border
had been catching 25 or 30 automobiles each month transporting big
loads of liquor, but after the conviction of all of these defendants the
seizures dropped off to 4 and 5 automobiles a month, and instead of
seizing cars with 25 or 30 cases of beer, wine, or whisky, the ordinary
seizure represented a roadster with 5 or 10 cases in it. The conviction
of these conspirators did more to prevent smuggling from Canada
than anything we had been able to do since the prohibition law was
passed.
R. Q. MERRICK,
Prohibition Administrator.
TREASURY DEPARTMENT,
BUREAU or INTERNAL REVENUE,
Washington, January 18, 1927.
Memorandum for General Andrews:
The files of the Prohibition Unit have been carefully searched and
the accompanying statement includes all excerpts appearing in orders
and correspondence on the subject of the employment of under-cover
agents.
JAMES E. JONES,
Director of Prohibition.
6 PROHIBITION ENFORCEMENT
EXCEBPTS FROM ORDERS AND CORRESPONDENCE IN REGARD TO
UNDER-COVER WORK
[From Circular No. 14, dated October 17, 1925, issued by the Assistant Secretary]
It is suggested that in many cases all desired evidence can be ob-
tained by cooperation with the administrator in the other district
concerned. Each administrator having his own under-cover agents
should be in a position to get the desired information for the other
if a proper picture of what is wanted is presented confidentially in
the request for this information.
In the case of agents on under-cover work, the daily report re-
quired of agents may easily become embarrassing and. in lieu thereof,
administrators will direct, in each case, a form of report on the part
of the agent, consistent with the work the agent is required to do.
[From Circular No. 19, dated November 14, 1925, issued by the Assistant Secretary]
The following excerpts from one of my district administrator's
letters may include thoughts that will be of value to others in like
•conditions and are, therefore, distributed together with the com-
ments of Mr. Britt in the matter of penalties, etc. :
I remember that you laid particular stress on the great advantage of under-
cover men and I have come to realize their importance. I have established
a squad of what might be termed " super " uuder-cover men who not only
take care of the special investigations and conspiracies, but work over a terri-
tory unbeknownst to the deputy administrator and collect all the data necessary
for the agents of the district to go to work on and make their cases. This
facilitates the work of the deputy and does not involve them (the under-cover
men) in court and hence disclose their identity. These men have never been
to the office and, with the exception of the enforcement assistant and the dis-
bursing clerk, none of my force even know of their existence.
I have impressed upon all personnel the importance that we ourselves be
the first to comply with the law, both in our personal and official capacity.
[From Circular No. 21, dated November 19, 1925, issued by the Assistant Secretary]
The longer my experience the more I am convinced that reliable
information is a first essential to your success. It will be valuable for
both law enforcement and permissive control. There are innumer-
able avenues available by which you can get a tremendous amount of
reliable information as to what is going on in your district in the line
of law violations. You can thus keep charted, as it were, before you
a picture of conditions throughout your district; and this should
enable you to plan your operations more intelligently. If you know
who is violating the law, when and where and how he is violating it.
you are then prepared to go after the evidence of the violation
intelligently.
Next of importance is your ability to get the evidence on the big
violators. This will require clever under-cover work. You may
need skilled investigators who will work for you unknown even to
the members of your own organization. Such men should be much
more valuable for law enforcement than prohibition agents or per-
mittee inspectors, who are known to everyone. To make it financially
possible for you to employ informers and uncler-cover investigators,
I have urged you to be very conservative in taking on regular agents
and inspectors.
PROHIBITION ENFORCEMENT 7
To make it possible for you to employ these under-cpver men with-
out the knowledge -of any member of your organization, I have ar-
ranged that you may recommend the appointment of any such man
under double cover, confidentially, to the Director of Prohibition.
His appointment will then be made here in Washington where he
will be carried on the headquarters confidential roll, his appointment
being sent to you confidentially. His salary and expense-account
checks will be handled here and sent to you confidentially to be
handed to him. In districts containing large cities and large boot-
leg operations this arrangement should make possible the making of
effective conspiracy cases. Of course, the privilege must be used
conservatively and, above all, confidentially.
[From Circular No. 30, dated December 22, 1925, issued by the Assistant Secretary]"
A recent case has brought to my attention what I consider a ridicu-
lous and extravagant use of funds in securing evidence in an under-
cover investigation, and I take this occasion to bring this matter to
your most serious consideration. You know that I consider these
under-cover investigations probably the surest way to break up the
bootleg industry, and to bring the operators in this industry to jus-
tice. I have asked Congress for a considerable increase in the amount
of the appropriation which may be used for this purpose, but, of
course, I have assumed, and you must justify my assumption, that
this money will be used intelligently and economically and never used
without complete justification.
Here again, as in all the more serious efforts of your office, you
should have the guidance of the district attorney with whom you
are working. This is essential because there is no value whatever in
your making a case which the district attorney can not prosecute
successfully. And one element in successful prosecution is to avoid
any such conduct as will make possible a successful defense of the
accused on the basis of "Entrapment." Or, again, the case might
easily be lost if the defense were able to show such expenditures of
public funds as to impress the jury unfavorably. In the case before
me, an inexperienced agent, posing as a well-to-do business man, in
an effort to get evidence to prove that the officers of a hotel corpora-
tion were guilty of selling liquor, made ridiculous expenditures of
money and spent an absurd amount of time in this effort. The trial
of the accused resulted in an acquittal. The evidence adduced un-
doubtedly affected the jury as indicated above. The whole proceed-
ing brought injury to the prohibition-enforcement administration.
It is a distinct departure from my whole theory of law enforcement.
Even if the accused had been found guilty and punished, we would
have accomplished very little for law enforcement in having pun-
ished one distributor when another would have taken his place prob-
ably before sentence could be imposed. \
How infinitely better to have gone into this case on the basis of
discovering the operation by which liquor was brought into the city
and delivered to this distributor, and secured evidence by which this
source of supply from outside the city could have been reached and
put out of business. Money spent intelligently to accomplish this
purpose would have been amply justified.
8 PROHIBITION ENFORCEMENT
[From Circular No. 40, dated January 15, 1926, issued by the Assistant Secretary]
I am still unable to appreciate the reason for, or advantage of,
having prohibition agents stationed here and there throughout a dry
State, doing policemen's work. I still maintain that a system of
good information as to violators engaged in the traffic, a few clever
under-cover men, and a few clever agents, gives you a working force
which enables you to strike at the traffic where it is really vulnerable,
arresting and punishing operators whose disappearance from the
traffic actually break it up. With such a force and system of opera-
tion, you can appear in a city where local authorities are in cahoots
with the traffic, allowing it to flourish, and make such a clean-up as
will be really effective, thus arousing a public opinion and sense of
responsibility on the part of the local officials as will have a most
wholesome effect throughout your district.
[From Circular No. 59, dated April 14, 1926, issued by the Assistant Secretary]
Reiterating my former opinion that the securing of good informa-
tion is one of the most important means toward law enforcement and
one which should demonstrate the ingenuity and ability of the ad-
ministrator, I want to make it perfectly clear how this information
may be paid for.
Where it is desired to enter into a contract with an individual to
supply information — for example, where you wish to pay regularly
so much a month to a building inspector who would give you infor-
mation as to the existence of stills and other law violations in build-
ings in the city — it is necessary that your contract for these services
be approved by the Commissioner of Internal Revenue before you
may complete the contract and make it valid. Every effort will be
made to keep these contracts confidential and keep the man's name
from being known as connected with the prohibition work. The
Comptroller General holds working in this capacity are in reality
employees and, as such, their pay becomes a salary and must be ap-
proved ahead of time as in the case of an appointment of an agent.
Forward these contracts in confidential coyer, for our approval here
in Washington, to Mr. James E. Jones, Director of Prohibition. A
sample form of such a contract is inclosed for your information.
Where the above method is impracticable, and where it is desired
to make one concrete case, you should use the fund available for the
purchase of evidence. Where practicable, enter into a contract with
the individual who is to supply the information or evidence in ac-
cordance with the inclosed form. Attach this contract to the voucher
and, having paid the voucher, forward both contract and voucher
to Washington for approval. If it is impracticable to make this con-
tract— as, for example, if the man refused to have his name so used —
the administrator should plainly state on the voucher the circum-
stances showing that it was impracticable for a contract to be made,
and this being approved here will make a good voucher in that case.
This is the procedure which should be followed in using regular
funds or advance funds for the purchase of evidence.
[From Circular No. 86, dated October 5, 1926, issued by the Director of Prohibition]
It is desired that contracts covering the services of informers show
the period of employment for which the informer is engaged and
the date upon which that period is to begin.
PROHIBITION ENFORCEMENT 9
In order to obviate the necessity of returning informers' contracts
for this additional, information it will be appreciated if steps are
taken by each administrator to see that all blank forms of informers'
contract now on hand be amended as indicated on the attached
sample.
[From Circular No. 97, dated October 26, 1926, issued by the Assistant Secretary]
In accordance with the. policy that each administrator shall have
on his staff high-grade investigators capable of making real com-
spiracy cases against the big operators in each district, a class of
employees to be known as "district investigators" is hereby
established.
It is the policy of the department to concentrate on big sources
of supply and the people financing the bootleg industry. You
should ever bear in mind that until the major violators, the people
organizing and managing the illegal enterprises, are apprehended
and brought to justice, it is futile to expect enforcement of the
prohibition law. The making of thousands of small cases will not
make a dent in the illicit traffic in liquors because there are always
others to take the place of the small retailer who may temporarily
be put out of business. I expect that each administrator will reduce
the number of agents of the patrolman type on his force, and in-
crease, as he is able to select them, the mobile type of investigator.
If we are to eliminate disregard for law, it can only be done by
employment of high-type investigators in sufficient numbers to break
up the organized traffic.
If you can drop from your force two prohibition agents of the
patrolman type, who are without initiative and originality, and
employ in lieu thereof one real investigator who is capable of mak-
ing a good case against the men responsible for the existence of the
liquor traffic, you will be doing infinitely more for law enforcement
than you will by the arrest and conviction of a thousand petty
violators. Young law college graduates, interested in criminal prac-
tice, offer a fine field from which to select these investigators,
[From confidential letter of commissioner, dated December 14, 1926, and transmitted
with Circular No. 121]
Effective January 1, 1927, no vouchers for personal services or
expenses of informers submitted pursuant to contract entered into
under these instructions are to be paid unless each claim is accom-
panied by :
1. A copy of prior authority (Form No. 180M) from the Com-
missioner of Internal Revenue indicating approval of the employ-
ment of the informer.
2. A copy of the contract (Form No. 177M) of employment with
the informer.
As to the method of arranging for the employment of an informer,
request should first be made upon the administrative head who will
request of the commissioner a letter of authority (Form No. 180M)
agreeing to the employment of the person in question. Upon receipt
of the letter of authority the employing officer will then enter into
contract with the informer, having him sign the contract form in
quadruplicate. Three copies of the contract shall be then forwarded
to the proper administrative head, on each of which copies shall be
10 PROHIBITION ENFORCEMENT
indicated the employing officer's approval. The three copies when
received in the bureau will be submitted to the comtnissioner for
approval and shall contain thereon the recommendation of the ad-
ministrative head. After approval by the commissioner a copy of
the contract will be retained in the files of the Commissioner of
Internal Revenue, a copy will be retained in the files of the admin-
istrative head in Washington, and the original copy will be returned
to the employing officer in order that it may be attached to the first
claim submitted for reimbursement. In the event subsequent claims
are necessary for reimbursement under the same contract, copies of
the contract will suffice. Also the original letter of authority for
the employment of an infortner will be attached to the first claim
for reimbursement and copies thereof may be used if subsequent
claims under the same contract are necessary.
When the exigencies of the service require, informers may be em-
ployed for a period not exceeding 10 days without prior written
authority. In cases of this nature the employing officer should have
the informer sign the contract (Form No. 17TM) in quadruplicate
and should immediately forward same, together with a request for a
letter of authority, to the proper administrative head in the bureau.
An explanation must be also attached showing the necessity for the
employment of the person in question without prior authority.
When issued, in such cases, the letter of approval will be dated as of
the date of the contract.
Under no circumstances will a contract be made covering a period
prior to the term of employment covered in the letter of authority,
nor will a contract be entered into for a period longer than 90 days.
Any employment beyond this period must be under a new letter of
authority and new contract; provided that in rare instances where
the informer in the discharge of his duties is out of the country and
can not personally execute a contract in time, or is so situated that to
require such execution would endanger his life or seriously affect the
investigation on which he is engaged, the contract previously exe-
cuted shall continue in effect until the new contract shall have been
entered into. Before such extension shall become effective, however,,
full explanation must be made in advance to the commissioner and
his approval obtained in writing, which original approval shall ac-
company the voucher when sumbitted. In such cases, also, the new
contract must be immediately executed at the first available oppor-
tunity.
No sum shall be paid to any informer or to any prohibition agent,
special employee, or other employee of the Bureau of Internal Rev-
enue, or to any other person, who shall, in the performance of the
duty or task to which he is assigned, fail to observe all laws and reg-
ulations governing the conduct of Federal officers and employees.
A contract with an informer may not be entered into except for a
period within a current fiscal year.
In order that uniform procedure may be had under the above in-
structions, all present contracts shall terminate as of December 31,
1926, as to future liability, and if new contracts, or the extension of
pending contracts, are desired, they shall be arranged for in accord-
ance with the procedure outlined above.
Per diem allowance in lieu of actual expenses for subsistence will
not be approved for more than $4 per day unless authorized by the
commi ssioner.
PROHIBITION ENFORCEMENT 11
The accounts and collections unit is not authorized to give ap-
proval to disbursing officers' accounts or vouchers submitted pursuant
to contracts enterecT into under these instructions which do not have
attached thereto the authority for employment and a copy of the
contract under such authority, on both of which documents must be
indicated the approval of the Commissioner of Internal Revenue.
A form of contract has been designed for the specific employment
of informers. Requisition for a supply thereof should be immedi-
ately made upon the administrative division of the bureau.
In rare cases it may be necessary to purchase information or evi-
dence for a specific amount, where the informer or person furnishing
the same is unwilling to reveal his identity or sign a contract. In
these rare cases the administrative officer may enter into a verbal
contract to pay a definite sum upon the performance of the agree-
ment entered into between him and the informer, and in every such
case the voucher, when submitted, shall contain a detailed and accurate
account of the nature of the information or the evidence, the reason
why the informer would not sign the contract, the results obtained
by reason of the information or evidence so furnished, and such
voucher shall be approved by the proper administrative officer. All
vouchers submitted by disbursing officers in accordance with these
exceptions are subject to audit and review by the accounts and
collections unit. This paragraph shall not apply to any case in
which personal services are rendered by the informer.
[Prom minutes of conference of prohibition administrators held September 20 to 24, 1926}
General ANDREWS. * * * Now, as to investigators and under-
cover men. Do any of you feel that you can't get investigators? I
don't believe that an investigator is heaven born, nor hell born, for
that matter. I think an investigator is a man who is naturally
true, has got a lot of common sense, and takes an interest in that
kind of work. It is a game, and I believe a good man can learn the
game very quickly. For example, I think I could start out to-
morrow and be an investigator, though I never investigated a case
in my life. I believe you can find these men and by the help of
your legal advisers, give them the points and start them out. There
isn't any such thing that I know of as a group of specially qualified
trained investigators from whom we can draw. I believe we will
do better by selecting our own men and making them good through
advice and guidance, etc. If there were a school or class of trained
investigators that were heaven born, then we could employ them
and ship them out.
NOTE. — The circular letters were distributed to all prohibition administrators
and deputy prohibition administrators.
EXCERPTS FROM ORDERS CONCERNING OBSERVANCE OF LAWS
AND REGULATIONS
[From Circular No. 10, issued October 1, 1925, by the Acting Prohibition Commissioner]
My telegram dated September 23, 1925, relative to civil-service
employees, reading as follows, is hereby confirmed :
Necessary strictly observe law and regulations in handling classified civil-
service employees. Can not separate classified civil-service employees from
service except for cause or account necessary reduction of force. Letter fol-
lows.
12 PROHIBITION ENFORCEMENT
It has come to my attention that in some of the districts civil-
service employees are being requested to resign in cases where no
reduction in force is necessary and where no charges of any kind
are being made against the employees concerned, the apparent rea-
son for requesting resignation being that it is preferred to assign
other persons to the positions to be vacated.
In this connection I can not impress upon you too strongly the
necessity for carrying out the spirit as well as the letter of the civil
service law and regulations. * * *
[From Circular No. 12, Issued October 9, 1925, by the Commissioner]
It should be borne in mind in making additions to the force and
other changes in personnel that there are certain laws and regula-
tions the proper observance of which is absolutely necessary. For
example, it is a violation of the civil service act to assign a prohi-
bition agent to clerical work. A copy of the " Civil Service Act
and Rules, Statutes, Executive Orders, and Regulations " was re-
cently sent you and you must be governed by such laws and
regulations in making appointments to clerical and other office posi-
tions. * * *
[From Circular No. 19, issued November 14, 1925, by the Assistant Secretary]
The following excerpts from one of my district administrator's
letters may include thoughts that will be of value to others in like
conditions and are, therefore, distributed, together with the com-
ments of Mr. Britt in the matter of penalties, etc. :
* * * I have impressed upon all personnel the importance that we our-
selves be the first to comply with the law, both in our personal and official
capacity. I have designated a course of instruction which all must take, old
men and new alike, which will insure the agents knowing their duty and how
properly to perform it. * * *
[From Circular No. 65, issued May 18, 1926, by the Assistant Secretary]
Attention is invited to a recent ruling by the Comptroller General
relative to payments covering living expenses of prohibition agents
and others, who are continuously absent from their official headquar-
ters in the performance of duties at a particular place for such
periods of time as would indicate that their official base of operations
had been changed from the place designated in orders as their post
of duty.
Disallowances have been made by the Comptroller General's office
of amounts reimbursed as living expenses to employees of the Pro-
hibition Unit where they have been on duty at a place other than
their designated post of duty for what the Comptroller General's
office considered an unusual period of time.
Decision 5, Comp. Gen. 400, reads in part as follows :
It is reasonable to assume that Congress, in authorizing the Commissioner
of Internal Revenue to determine and designate the post of duty of employees,
contemplated that he would be guided by the interests of the service in mak-
ing such determination and designation and ordinarily such interests would
dictate that the place where the employee would be required to spend most
of his time should be designated as his post of duty and in such cases, the
designation of any other place for the purpose of giving the employee a per
diem for the greater portion or all of his time would appear to be an improper
exercise of authority vested in the commissioner by the statute.
PROHIBITION ENFORCEMENT 13
In order to compty with the spirit of the Comptroller General's
ruling relative to the fixing of duty stations, and in the interest of
economy and 'good administration, it will be necessary hereafter,
when it is determined that an agent or employee will be required to
remain at a particular place in excess of 60 days, that recommen-
dation be made immediately to fix the employee's post of duty at
that place. In other words, the official headquarters of an employee
should be fixed at the place from which the employee actually oper-
ates, and when the base of operation is changed and it is evident
that such change will cover a period of 60 days or more, the duty
station should be changed accordingly.
Strict compliance with these instructions is necessary in order to
avoid future disallowances in disbursing officers' accounts.
[From Circular No. 75, issued July 6, 1926, by the Assistant Secretary]
* * * This is your opportunity to elevate the whole standard
of your personnel. I hope that each administrator will make it his
pride to have his force composed of such men that the slurs so fre-
quently cast upon our organization may soon cease and be replaced
by comments reflecting an appreciation of the fact that the Federal
agents are not only men of integrity but skillful and courteous in
their conduct of office.
You all recall my early appeal for such conduct of office as might
restore respect for Federal law administration. The success of this
law depends upon its popular support. Those who administer it must
constantly have in mind that it is their duty to conduct themselves in
office in such a way as to commend themselves and the law to popular
approval. This means clean-cut, decent, efficient, courteous conduct
in office under all circumstances. It is up to you to select the type of
men who can meet these requirements, and then to instill into your
whole organization a spirit which will be reflected in this manner.
[From Circular No. 82. issued August 17, 1926, by the Assistant Secretary]
Two things have been brought to my attention, since my return,
that should be given your best consideration. Both have to do with
the conduct of your prohibition agents and investigators, and I hope
that you may give such instructions, where necessary, as will result
in such conduct of office along both these lines as will commend your
administration to the judgment of a reasonable public.
The first is the use of methods known as " entrapment." The sec-
ond is the unnecessary destruction of property when conducting raids
and searches under the authority of search warrants. The cases
brought to my attention indicate a woeful lack of sense of decency on
the part of agents concerned. They describe such conduct as makes
the prohibition law and its administration* -unpopular and the object
of public criticism. I recognize the difficulties of giving authority
to untrained men and how easily they abuse it, but believe that your
standards can be inculcated and bring about a spirit which will make
their execution of office efficient without being obnoxious.
[From Circular No. 93, issued October 27, 1926, by the Assistant Secretary]
* * * It is my wish that the administrators keep faith with the
Civil Service Commission and the Committee on Appropriations of
14 PROHIBITION ENFORCEMENT
"> y '. V v-
the HoUse of Representatives in the matter of appointing drug-store
inspectors. In the hearing last spring on the supplemental estimate
before the subcommittee of the House Committee on Appropriations
handling the last deficiency bill we gave that committee to understand
that we would appoint pharmacists as drug-store inspectors and, in
keeping with such understanding we asked the Civil Service Com-
missic^n to \establish a register of eligibles for pharmacists from which
we could make selection of pharmacists for this work. * * *
[From Circular No. 102, issued November 6, 1926, by the Director of Prohibition]
The following is a copy of a letter received from Assistant Secre-
tary Andrews under date of November 5, with reference to the resig-
nation of the deputy prohibition administrator for the District of
Columbia and the dismissal of certain agents on his force because of
their failure to carry out the provisions of prohibition mineograph
No. 389, relative to the stopping and search of automobiles :
The whole incident, in all its particulars, shows a serious lack of
conformity with our instructions and general policy for the conduct
of law enforcement.
[From Prohibition Mimeograph No. 389, issued November 21, 1925, by the Director of
Prohibition]
Automobiles, wagons, boats, and other vehicles used in the unlaw-
ful transportation of intoxicating liquors are subject to seizure and
forfeiture. See section 26, Title II, of the national prohibition act,
and section 3450, of the Revised Statutes. No search of any vehicle
may be made unless the officer has reasonable grounds for believing
that such vehicle is being used for the violation of the prohibition
laws. There can be no search without legal probable cause for such
search. * * *
[Excerpt from minutes of conference of prohibition administrators, held September 20
to 24, 1926]
General ANDREWS. * * * I sent a letter quite recently on the
subject of conduct of agents, as to their being courteous, law-
abiding, etc. I have talked about what I expect an administrator
to do in dealing with business men, etc. So much depends on his
manner and conduct in office as to how his subordinate conducts
himself, but it is a matter to which you must give close personal
attention. I wouldn't expect a man that is conducting a raid to be
effeminate, you know. I know when he is down in a back alley
dodging bricks, it is no time to doff his hat and saj^, " By your leave."
Even so, the man of self-control and dignity goes further than the
blustering bully. To start, with, he doesn't have to go so far if he
hasn't given a lot of brag as to what he is going to do. I have seen
enough of life to know that if a man keeps his mouth shut and
looks as though he had a lot up his sleeve, he gets further with a
tough gang than one doing a lot of talking and blustering. That's
a matter of personality rather than of training, possibly, but those
are the kind of men you all ought to have as agents, those self-
contained, quiet fellows that carry through. But they must be in-
structed as to the destruction of property, and as to breaking into
houses, etc.. and keep it thoroughly m mind that they must know,
PROHIBITION ENFORCEMENT 15
and you must know and make them feel, that it is infinitely better to
allow a quart of whisky to escape than it is to violate the law in an
effort to capture it. Stick to that. I think we are doing pretty
well along that line; still once in a while I get a case that disap-
points me. So I urge all of you to again make all your men feel
that dignified, forceful, and, above all, lawful conduct of office is
absolutely required. What's the use of taking a case to court if it
is going to be thrown out because your search warrant wasn't right,
or you didn't have a search warrant, which was even worse? And
why create the bad effect on the minds of the whole public that
comes from the fact that prohibition agents broke into a house or
broke into a building and smashed up a lot of property and raised
hell generally ? I don't think that amounts to anything, and I think
it does real damage to law enforcement.
NOTE. — The circular letters were distributed to all prohibition administrators
and deputy prohibition administrators.
COPY OF CONTRACT OF EMPLOYMENT APPROVED BY THE COMMIS-
SIONER OF INTERNAL REVENUE TO ACCOMPANY ALL VOUCHERS
OF INFORMERS
TREASURY DEPARTMENT,
OFFICE OF COMMISSIONER OF INTERNAL REVENUE,
Washington. D. C., December U, 1926.
To officers and employees of the Prohibition Unit, the Intelligence
Unit, and others concerned:
Effective January 1, 1927, no vouchers for personal services or
expenses of informers submitted pursuant to contract entered into
under these instructions are to be paid unless each claim is accom-
panied by—
1. A copy of prior authority (Form No. 180M) from the Com-
missioner of Internal Revenue indicating approval of the employ-
ment of the informer.
2. A copy of the contract (Form No. 1TTM) of employment with
the informer.
As to the method of arranging for the employment of an informer,
request should first be made upon the administrative head, who will
request of the commissioner a letter of authority (Form No. 180M)
agreeing to the employment of the person in question. Upon receipt
of the letter of authority the employing officer will then enter into
contract with the informer, having him sign the contract form in
quadruplicate. Three copies of the contract shall be then forwarded
to the proper administrative head, on each of which copies shall be
indicated the employing officer's approval. The three copies when
received in the bureau will be submitted to the commissioner for
approval and shall contain thereon the recommendation of the admin-
istrative head. After approval by the commissioner a copy of the
contract will be retained in the files of the Commissioner of Internal
Revenue, a copy will be retained in the files of the administrative
head in Washington, and the original copy will be returned to the
employing officer in order that it may be attached to the first claim
submitted for reimbursement. In the event subsequent claims are
necessary for reimbursement under the same contract, copies of the
16 PROHIBITION ENFORCEMENT
contract will suffice. Also the original letter of authority for the
employment of an informer will be attached to the first claim for
reimbursement and copies thereof may be used if subsequent claims
under the same contract are necessary.
When the exigencies of the service require, informers may be
employed for a period not exceeding 10 days without prior written
authority. In cases of this nature the employing officer should have
the informer sign the contract (Form No. 1T7M) in quadruplicate
and should immediately forward same, together with a request for
a letter of authority, to the proper administrative head in the bureau.
An explanation must be also attached showing the necessity for the
employment of the person in question without prior authority. When
issued in such cases the letter of approval will be dated as of the
date of the contract.
Under no circumstances will a contract be made covering a period
prior to the term of employment covered in the letter of authority,
nor will a contract be entered into for a period longer than 90 days.
Any employment beyond this period must be under a new letter of
authority and new contract; provided that in rare instances where
the informer in the discharge of his duties is out of the country and
can not personally execute a contract in time, or is so situated that
to require such execution would endanger his life or seriously affect
the investigation on which he is engaged, the contract previously
executed shall continue in effect until the new contract shall have
been entered into. Before such extension shall become effective,
however, full explanation must be made in advance to the commis-
sioner and his approval obtained in writing, which original approval
shall accompany the voucher when submitted. In such cases, also,
the new contract must be immediately executed at the first available
opportunity.
No sum shall be paid to any informer or to any prohibition agent,
special employee or other employee of the Bureau of Internal Reve-
nue, or to any other person, who shall, in the performance of the
duty or task to which he is assigned, fail to observe all laws and
regulations governing the conduct of Federal officers and employees,
A contract with an informer may not be entered into except for a
period within a current fiscal year.
In order that uniform procedure may be had under the above
instructions, all present contracts shall terminate as of December 31.
1926, as to future liability, and if new contracts, or the extension of
pending contracts, are desired, they shall be arranged for in accord-
ance with the procedure outlined above.
Per diem allowance in lieu of actual expenses for subsistence will
not be approved for more than $4 per day unless authorized by the
commissioner.
The accounts and collections unit is not authorized to give approval
to disbursing officers' accounts or vouchers submitted pursuant to
contracts entered into under these instructions which do not have at-
tached thereto the authority for employment and a copy of the con-
tract under such authority, on both of which documents must be
indicated the approval of the Commissioner of Internal Revenue.
A form of contract has been designed for the specific employment
of informers. Requisition for a supply thereof should be immedi-
ately made upon the administrative division of the bureau.
PROHIBITION ENFORCEMENT 17
In rare cases it may be necessary to purchase information or evi-
dence for a specific amount, where the informer or person furnishing
the same is unwillftig to reveal his identity or sign a contract. In
these rare cases the administrative officer may enter into a verbal
contract to pay a definite sum upon the performance of the agree-
ment entered into between him and the informer, and in every such
case the voucher, when submitted, shall contain a detailed and accu-
rate account of the nature of the information or the evidence, the
reason why the informer would not sign the contract, the results
obtained by reason of the information or evidence so furnished, and
such voucher shall be approved by the proper administrative officer.
All vouchers submitted by disbursing officers in 'accordance with these
exceptions are subject to audit and review by the accounts and col-
lections unit. This paragraph shall not apply to any case in which
personal services are rendered by the informer.
D. H. BLAIR, Commissioner.
Approved December 14, 1926.
A. W. MELLON,
Secretary.
NOVEMBER 12, 1926,
Memorandum for Mr. Jones:
I have a very large number of informers' contracts on my desk for
approval. Some of them are for services more than a year old ; all of
them for services already rendered. In no one of the cases has the
contract been approved by me in advance in accordance with the
policy adopted by the bureau. One has just come to my desk, effec-
tive November 15, for 30 days, and I have approved it. Approval in
advance should be secured in every instance. The others are held.
(Signed) D. H. BLAIR,
Commissioner.
MEMORANDA BY OFFICE, CHIEF PROHIBITION INVESTIGATOR,
DECLINING TO ENTER INTO PROPOSED PLANS SAVORING OF
ENTRAPMENT BY SEA
(a) Copy of Barnes's plan without date and memorandum of dis-
approval, dated December 23, 1925.
(b) Memorandum of June 24, 1926, disapproving New Orleans
proposal.
(c) Memorandum of August 30, 1926, to Prohibition Investigator
Burke illustrating methods now pursued and to be pursued.
DECEMBER 23, 1925.
Memorandum for Mr. J. G. C. Corcoran, head criminal investigation
division :
The Barnes plan, attached, is in effect that, after operating under
protection for personal gain for a period for about a month, and
landing liquor under governmental surveillance, on the shores of
Rhode Island, Barnes's consignees may be apprehended and the
Rhode Island " bootlegging " ring broken up.
18 PROHIBITION ENFORCEMENT
Under this plan Barnes will be at liberty :
(1) To hold himself out as one who has purchased protection for
the entire revenue and Coast Guard service.
(2) To deliver liquor and make enormous profits.
(3} To escape all liability in the event he is apprehended.
(4) To appear as a Government's or defendant's witness in the
trials of the consignees and testify to facts constituting entrapment.
The Government, if the facts come out, on the other hand must
expect :
(1) Criticism for permitting bootlegging.
(2) Criticism of the entire revenue and Coast Guard service for
openly passing " bootlegging " craft.
(3) Explain to Congress why this was necessary; and
(4) Face the imminent probability of losing its case and receiving
the censure of the courts and public.
Summarized, Barnes stands no chance of losing; and the Govern-
ment can not expect to win except it takes all " tricks." And even in
the latter event it has authorized law violations.
I am opposed to approving the Barnes plan.
V. SIMONTON,
Chief Counsel, Chief Prohibition Investigator.
THE BARNES PLAN
When term " parent organization " is used it will mean the or-
ganization under the direct charge of the head of the criminal
investigation division.
It is the object of the Barnes organization to conduct landing
operations from the liquor fleet offshore to the land for the purpose
of locating, becoming familiar with, and eventually putting out of
business every importer of liquor on the Atlantic coast at no cost to
the Government; to enter the liquor business in a small way on
shore in order to get any information desired by the parent organiza-
tion, and to get and hold the confidence of liquor dealers.
It will be able to furnish information otherwise difficult or impos-
sible to obtain and will devote its time, energies, and money to the
interest of the parent organization.
The ordinary liquor dealer is a low-down, arrogant individual,
serenely confident of continuing his illegal business through his
ability to secure protection from officials.
It will be an object of the Barnes organization to uncover corrupt
officials, to locate breweries, alcohol " cooking " plants, wholesalers,
retailers, and to get for the parent organization any information
requested.
The Barnes organization will guarantee to eventually uncover
any large operator the parent organization may name who is located
in New England.
Other objects of the Barnes organization are : To make money out
of the liquor dealer >, for the excitement of the work ; to be at sea ;
and because the work will be active, interesting, and at times
dangerous.
Loading a landing boat 100 miles offshore on a stormy winter's
night will furnish any man with a thrill.
PBOHIBITION ENFORCEMENT 19
ORGANIZATION
The Barnes grganization will be a secret organization consisting of
a general director, a crew of four or five men on a fishing schooner,
a chauffeur, a salesman, and a " go-between.'*
None of the organization, with the exception of the director and
the "go-between," will know of any connection with the parent
organization.
The Barnes organization will work with but one person, who will
be appointed by the parent organization.
It would prefer to report only to the head of the criminal investi-
gation division. Captain Parker, of Boston, is second choice.
The head of the Barnes organization is well known to the large
operators in this section, which makes it possible to carry out an
otherwise impossible program.
Leaks in the Barnes organization will be impossible for the reason
that the working personnel will be under the impression that they
are lawbreakers.
PERSONNEL
The crew shall consist of four or five men, known to importers,
who have been engaged in running liquor from vessels outside the
legal limit to the shore for the past five years.
They will not know that a landing boat operated by the Barnes
organization is immune from search or seizure by the Coast Guard or
Internal Revenue vessels.
All the care and precaution shall be exercised in loading and land-
ing that is taken by the boats now operating.
The chauffeur will operate car, deliver goods sold by salesman, lo-
cate storage plants, act as guard when landing boat is unloading,
submit daily to the head of the Barnes organization a written report
of his activities, and be at all times under orders from the director
or the "go-between."
He is uii ex-service man, formerly employed by one of the large
liquor operators, possesses much valuable knowledge of the business,
and is favorably known to dealers.
The salesman will be a man formerly in the employ of the Depart-
ment of Justice. He is capable of getting information quickly and
efficiently and will be particularly useful in locating corrupt officials.
He is an ideal "fixer."
The "go-between," messenger-between, the head of the Barnes
organization and the parent organization will be the future wife
of the head of the Barnes organization.
It is desirable that she be known to but one man in the parent
organization, to whom she will transmit all information furnished
by the chauffeur or salesman when the head of the Barnes organiza-
tion is at sea.
It is suggested that she be known by a number instead of by name
and that arrangements be made for the delivery of messages to the
parent organization in such manner that will assure absolute
protection.
When the organization reaches the point where it is properly func-
tioning a shore guard can be added for the ostensible purpose of
protecting the landing boat from a surprise raid from the shore.
20 PROHIBITION ENFORCEMENT
One or all of this guard may be members of the parent organ-
ization.
EQUIPMENT
One landing boat, fishing type, to start operations.
Later, when organization is in a position to finance, a 110-foot
submarine chaser, equipped with powerful engines, and wireless
sending apparatus.
The wireless operator to be a member of the parent organization.
A boat of this type could operate from Key West to Eastport, any-
where along the coast.
The fishing boat shall be equipped with fishing gear and all other
necessary equipment for a deep-sea fisherman and shall actually en-
gage in fishing when not landing liquor, in order to allay the sus-
picions of crew and dealers.
The boat will have a capacity of 500 cases below decks and will be
capable of making two trips a week 100 miles offshore.
One thousand cases a week is a small amount compared with what
is coming into this territory, but it will serve to demonstrate to the
parent organization the ability of the Barnes organization to eventu-
ally break up rum-running on the Atlantic coast.
A submarine chaser can conveniently carry 1,000 cases below decks,
could make four trips a week, and would be far preferable to a
fishing boat in every way.
One automobile, for the purpose of transporting small amounts
of liquor on shore, not over 10 case lots, for the use of the ;i go-
between." in communicating with the parent organization when the
head of the organization is at sea, and for the use of the head of
the organization when ashore to gather information.
The Barnes organization has no desire to enter the liquor business
on shore but sees clearly no way of obtaining the complete confidence
of the large operators without becoming one of them.
If at any time the parent organization wished to put a large deal
over it could be done through the Barnes organization.
IMMUNITY
In order to uncover the large importers of, and dealers in, liquor,
the parent organization agrees to guarantee immunity from search
and seizure by Coast Guard or Internal Revenue vessels, to one fish-
ing boat operated by the Barnes organization,
If requested, the boat will be sailed to New London before starting
operations, where it can be inspected by the commander of the Coast
Guard, who, it is believed, issued orders to the commanders of Coast
Guard vessels in this district.
If required, the fishing boat will report to a Coast Guard vessel
each time a load is taken in. The parent organization can thus
check up on the Barnes organization.
If an employee of the Barnes organization acts as witness against
a dealer he shall be granted immunity.
The parent organization to furnish the head of the Barnes organi-
zation and the r go-between " with some instrument showing that
PROHIBITION ENFORCEMENT 21
immunity has been granted and to be used only in a crisis. A badge
of some kind, an instrument in writing, or whatever the parent
organization deems* advisable.
As the agents of the parent organization on shore will know the
time and place of landing liquor it is suggested that the boat be
granted immunity from search or confiscation by shore agents.
If a load is to be seized at the landing place it should not be seized
until all goods are ashore and boat is under headway.
COST
Cost of boat $10,000.00
Equipment 3, 000. 00
Automobile 2, COO. 00
Incidentals 1, 000. 00
16, 000. 00
The Barnes organization is so positive of success that it is willing
to go into debt from sixteen to twenty thousand dollars in order to
prove to the parent organization that it can do all that it claims.
It can not do this until 'assured by the parent organization that
immunity will be granted.
The Barnes organization shall be entitled to all revenue accruing
from its activities until such time as it is out of debt.
After that time whatever arrangements are decided upon will be
satisfactory to the Barnes organization, but would suggest that all
profits be put into a 110-foot submarine chaser, equipped with latest
type of speed engines, and with wireless sending apparatus installed.
With a boat of this kind in operation it might be possible to make
Barnes coast guard inspector at sea, with a salary of $1 per year.
The boat could be camouflaged to appear like a Coast Guard vessel,
which would make immunity easy.
The cost of the Barnes organization to the parent organization or
the Government is nothing until such time as the success of the plan
makes it seem advisable to the parent organization to put the plan
into operation in another locality.
If the parent organization thought it inadvisable to enter the
liquor-carrying business the Barnes organization would do it in any
location to the extent of its finances.
The Barnes organization aims to be self-supporting, deriving its
entire revenue from the illicit liquor dealer whom it plans to break.
NAMES OF THE LARGEST LIQUOR DEALERS IN RHODE ISLAND
Rand Bros. (3), Rotman Bros. (2), Dave Perlo, Abe Horowitz,
Louis Botvin, Sam Frank. — Sidell, Gus Koenig, " Choly " Colbert.
Jack Burns, Walter Jeske, Bob Brooks, Leo Meyers, Charles Reitsma
& Son, Harry Shatkin, Lampus Brown, Harry Kanelli, Charles Ma-
laney, Jack Reilly, Phil McKiernan, Dodge Bros. (2), Charles
Dickinson, Dave Benson, Henry Burns, Charles Joly, Del Forcier,
Sam Rushton, Jack Mackelroy, " Happy " Ryan, Gus Bilidoux.
These are a few of Rhode Island's dealers. There are man}' more,
but this list covers the largest ones.
22 PROHIBITION ENFORCEMENT
DEALERS
The parent organization may pick out any name or names on the
previous page and the Barnes organization will do business with
them ; all of them in time, and let you know, in advance, when and
where deliveries are to be made.
Your agents can be on hand when the goods arrive, confiscate
them on the spot, follow them to storage plants, or do with them as
you choose.
The Barnes organization is not familiar at present with the pro-
cedure followed when a parent organization employee sees liquor-
being unloaded on private property.
SUGGESTIONS
Suggesting that arrangements be made whereby parent organiza-
tion investigator is properly introduced to the Barnes organization
chauffeur, or salesman, and is made acquainted with any large liquor
operator he wishes to meet.
It might be possible for the head of {he Barnes organization to
do some introducing, but it would be dangerous if the man intro-
duced later appeared in court against the dealer.
Once Barnes appears in court he is through.
The head of the Barnes organization knows personally dealers
known as " Kings of the Bootleggers " in the States of Maine, Massa-
chusetts, Rhode Island, New York, Connecticut, New Jersey, Ohio,
and Florida.
He has met them in their home cities, in Habana, Bermauda,
St. Pierre, Miquelon. St. Johns, Newfoundland, Halifax, and St.
Johns, New Brunswick.
It is believed that the Barnes organization will be in a position
to secure for you almost any information you desire after conducting
landing operations for a month.
The confidence of the dealers and shippers must be firmly es-
tablished.
Getting a dealer with the goods once is a simple matter, but to
continue to get him until he is driven out of business is the aim of
the Barnes organization.
The following plan could be worked successfully for a while:
Land a load or two of goods for a dealer. Arrange for the purchase
of goods from him.
This will locate one of his storage plants.
The storage plants can be raided when a large amount of goods are
on hand. The Barnes organization will know the time.
The Barnes organization will have orders on vessels lying outside.
It will be an easy matter for an expert to copy one of these orders,
which is a pass to get aboard vessel ; an agent of the parent organiza-
tion could hire a small vessel to land a load, visit the vessel, get his
load, and thus establish a shore connection.
The Barnes organization believes this allows the vessel to be
towed in.
Shortly after starting operations the Barnes organization would be
in a position to get some of the parent organization's trusty men
into the employ of the dealers
PROHIBITION ENFORCEMENT 23
The possibilities of doing good work for the parent organization by
the Barnes organization are unlimited and are not confined to any
given locality.
Enough of the plan of the Barnes organization has been given to
give the parent organization an insight into what can be done by
efficient workmen who " know their stuff."
JUD BARNES.
DUTIES
It shall be the duty of the Barnes organization to report daily, if
necessary, at a specified time, to a specified member of the parent
organization, all of its activities.
It will report in advance the liquor coming in, from what vessel,
amount, owner, and point of landing.
It will report the name of the transporter from landing point
to destination, all vessels seen outside the legal limit, all boats known
to be bringing liquor to the shore, and all information pertaining to
the liquor question that the organization procures.
After being in operation a month it will be in a position to answer
any question that may be asked relative to the liquor situation in
location where operating.
It will readily be appreciated that a stranger would find it im-
possible to procure the information that the Barnes organization
will be able to get easily.
COOPERATION
The success of the Barnes plan depends upon the class of coopera-
tion given by the parent organization.
A leak means failure.
The Barnes organization is planning to gamble $20,000 of bor-
rowed money that the parent organization can be perfectly
controlled.
The Barnes organization will get and retain the confidence of
the liquor dealer, which is absolutely essential to success if the
parent organization can deliver successful cooperation.
JUNE 24, 1926.
Mr. J. G. TOPHAM,
Prohibition Investigator in Charge.
MY DEAR MR. TOPHAM: Mr. Clarke has handed to me for com-
ment letter of Investigator Claude H. Stone dated June 15, 1926,
with regard to certain proposed arrangements for securing evidence
of the commission of crimes in and about New Orleans; and the
following conclusions thereon have been reached after consultation
with Major Green.
The proposed undertaking is substantially as follows: Certain
parties in Louisiana will, under arrangement with Mr. Stone, enter
into the business of freighting liquor from Cuba. They will ap-
proach known whisky dealers in and about Louisiana and Missis-
sippi, take orders for and collect the price of whisky to be brought
from Cuba and charge for their services $3 per case. The liquor
will then be transported and delivered to lighters and launches from
24 PROHIBITION ENFORCEMENT
the Mississippi and Louisiana shores that make connection with the
schooners. At this point the connecting craft are to be seized and
the persons placing the orders arrested. A variant of this scheme is
that the persons who are to do the freighting will proceed without
authority from Mr. Stone, but with his knowledge, and that two
investigators will be placed aboard each schooner for the purpose of
obtaining evidence who will not be aware of the arrangement between
Mr. Stone and the captain of the vessel.
Entirely apart from the legal aspects of this matter Major Green
wishes me to say that it is a cardinal principle of this organization
that, except only for the purpose of securing information, no enter-
prise or adventure should be undertaken in which operatives of this
force connive at violations of the law. It is realized that it is, of
course, often necessary to enter into undertakings, for the purpose of
ascertaining the methods adopted by bootleg organizations, which
would not stand the test in court. Consequently such tactics may be
pursued only for the purpose stated.
From a legal viewpoint the proposed scheme is unworkable.
Roughly divided the law forbids entrapment :
(1) By implanting in the mind of a citizen for the first time that
which entices or allures him into the commission of offense.
(2) By placing in his hands the instrument of the crime and then
proceeding against him because of the possession or use thereof.
The latter is seldom met with in criminal prosecutions, for no
United States attorney will bring a prosecution where such a situa-
tion develops. It is obvious, therefore, that any agreement with
Government agents as a result of which liquor is to be transported
into the United States, would result in the United States attorney
refusing to prosecute, or in a directed verdict in favor of those in
whose hands the liquor was seized: and this regardless of whether
or not the agents aboard the rum runner were informed as to what
was under way. This leaves merely, therefore, the question of
whether orders for whisky might be taken from persons in the
United States and cases made as the result of such orders.
Under proper circumstances it is perfectly lawful for a Govern-
ment agent to obtain evidence of a crime. For illustration, he may
go into a saloon or soft-drink parlor, place a half dollar on the
counter and call for a drink of whisky. If delivery is then made
he may arrest the proprietor, and the court will instruct the jury that
his act did not constitute entrapment. It would be perfectly proper*
therefore, under such circumstances as will completely rebut the
inference of entrapment, to approach known whisky dealers and
accept orders for the delivery of whisky. The giving of such
orders not as a result of entrapment or allurement, but in the regular
course of business, would, where more than one person was involved
(other than the Government agents), be an overt act in a conspiracy
to bring in and possess liquors. Even in such circumstances, how-
ever, you will find it difficult, in such places as Louisiana and
Florida, to sustain the prosecution.
For your information and guidance it is suggested that you consult
a case involving the principle of entrapment under somewhat similar
circumstances, which arose in the southern district of Florida and
PROHIBITION ENFORCEMENT 25
resulted in the court of appeals in a reversal of the finding of the
jury. This case is known as Lewis v. U. S. and is reported in 4
Fed. (2d) 520. . »
There should be no objection to Mr. Stone showing a copy of this
letter to United States Attorney Borah and securing his advice in the
premises.
Very truly yours,
Chief Counsel,
Chief Prohibition Investigator.
AUGUST 30, 1926.
Mr. FRANK A. BURKE,
Prohibition Investigator in Charge.
DEAR MR. BURKE: I have before me yours of August 24, 1926,
regarding a former rum runner along the New England coast who
holds the pilots license. I have noted your suggestion about the
method of using him.
Let me have more information in regard to this man and the rings
in which he thinks he can insert himself. So far as the schooners
on rum row are concerned the scheme which you outlined was tried in
the Sagatind case which resulted in a decision by the court of ap-
peals of the second circuit that, while a schooner making connec-
tion with the shore by means of a speed boat which covered the
distance in one hour, might be seizable under the treaty, there was
no law to forfeit it. In other words we have gone ahead and made
a treaty with England and other countries authorizing seizure in
such case, but that such treaty is not self-executing. The laws under
which the forfeiture might be asserted, i. e., the national prohibition
act and customs laws, were never made by an act of Congress to
apply to that distance from shore. So that the court held that two
things must coincide, i. e., the law of forfeiture must be extended by
Congress to that distance (which is now not the case) and that the
treaty must permit the seizure. The treaty does permit the seizure,
but the boat at that distance from shore was not in such status that
they had violated any of the laws of the United States.
This does not interfere, however, with placing men on these speed
boats which connect with rum runners for the purpose of finding
out who in the United States is engaged in smuggling liquor and get-
ting evidence of such smuggling. If the man to whom, you refer is
trustworthy and you can get some definite idea as to what shore
rings are operating, it would seem to me that the scheme would be
feasible and desirable.
Let me know more about this, and if there is anything in regard
to the seizure laws that I have not made clear in this letter advise me
as to what you don't understand about it and I will write you further.
Very truly yours,
V. SlMONTON,
Chief Prohibition Investigator.
CORRESPONDENCE AND ORDERS RELATIVE TO
THE INVESTIGATION AT NORFOLK, VA.
AND VICINITY
S. Doc. 198, 69-2 3 27
CORRESPONDENCE AND ORDERS RELATIVE TO THE
INVESTIGATION AT NORFOLK, VA., AND VICINITY
TREASURY DEPARTMENT,
INTERNAL REVENUE SERVICE,
Norfolk, Va., May 28, 1986.
Capt. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation conducted by your office in and about Norfolk,
Va. :
Since my last report to you, both Al. F. and myself have been
very busy in establishing connections both in and about Norfalk, Va.
Am inclosing Al. F.'s report to me, and in addition to it I may say
that he has made the connections essential to the final apprehension of
those persons responsible for liquor traffic here, and I have no doubt
as to his ability to conclude his end of the campaign favorable to
you and to your office, and, realizing the difficulties he has encoun-
tered in his work and knowing the caution he must at all times exer-
cise lest he be " uncovered," I am giving him ample time in which
to operate.
As to my activities since last reporting to you I have spent all of
my time outside of my duties in Federal court, in running down evi-
dence of violations in the county and vicinity; in other words, in
getting at the bottom of the manufacture, transportation, and whole-
sale traffic in liquor, making three cases, and seizing three stills, the
last one being this morning, in Norfolk County. (This seizure was
conducted by Agent in Charge S. Burgess and the persons arrested
(four) were members of the alleged Norfolk County crowd — B. F.
Waters, Luther Hewitt, W. M. Small, and A. Lawson; all are white
men — and from this arrest and seizure I hope to establish a connec-
tion with them and Deputy Sheriff Smith, Norfolk County. Last
night I interviewed a man in Norfolk County, who told me the time
and place where money transactions took place, and during my pa-
trol with R. R. Darden, informer, I visited the place where State
officers are alleged to have and to operate a still, at midnight last
night. We are camping on their trail and T can personally assure
you that there will be a real arrest and a conviction when we have
them right.
There are at least a dozen stills in operation from which the sher-
iff's office (Smith) is benefiting financially. I am checking up on
a report that negroes (prisoners) in Norfolk County Jail are being
liberated in order that they may work at the stills operated by the
Chase crowd (Al Chase is a State prohibition officer, and he, together
29
30 PROHIBITION ENFORCEMENT
with his brother, Harry Chase, an ex-Federal prohibition agent, and
one Wilson, and Roneck, a deputy sheriff, are operating a still or
series of stills) .
This matter takes time and must be handled cautiously, in order
that the parties interested will not come to know, or to suspect, that
Federal officers are watching them.
Investigator Dickins and myself patrolled to Elizabeth City, N. C.,
and vicinity recently in an effort to obtain facts as to transporta-
tion of liquor via boats to Norfolk. I have an informer at Eliza-
beth City and at Coinjock, N. C., a canal port, who both keep me
posted on activities on the canal and bay or sound.
Maj. I. W. Truxton, city manager of Norfolk, issued an order to
equip a car for my use in patrolling and to turn the same over to
me for official business. It is very essential that I have an automo-
bile in which to make the trips into the country, and without a car
it is impossible to travel or to reach the points where these distillers
are operating. I feel greatly indebted to Major Truxton for his
cooperation.
Maj. Paul W. Kear, United States attorney, has turned over his
office, practically, to me in an effort to cooperate, and with the co-
operation of city, Federal, and county (Judge Coleman) authori-
ties, I feel that the investigation will have a greater and more
far-reaching effect. The district attorney's office is preparing pad-
lock proceedings against many places, and I have been requested in
some instances to investigate charges to obtain sufficient evidence to
warrant a padlock.
The Murphy faction feel badly hurt on account of Belvin's place,
on Church Street, being closed, and are fearful of further trouble.
I have established the fact that J. Wesley Murphy was financially
interested in the Jimmey, the motor boat we seized on the canal
recently (Murphy bought and paid for the engines of the boat).
Your man, R. H. Simms, reported to me yesterday morning. I
sent him to a colored informer, John Nemo, who will get the desired
information for him. I wired the Virginia State Motor Vehicle Bu-
reau and received the information that Simms wanted in regard to
automobiles and gave the same to him.
I now have an informer working for Harry Short and Dennin
O'Brien; and when the right time comes both of these men will be
brought in. These men are the biggest dealers in Norfolk and are
very close to Murphy.
Trusting that this report meets with your approval, also my plan
of action,
I am, respectfully yours,
MAYNE.
NORFOLK, VA., June 16, 1926.
Capt. W. E. SOLTMANN,
Washington, D. G.
DEAR SIR : I have the honor to report the following in connection
with the investigation being conducted in Norfolk, Va., and vicinity :
Following your advice, and Mr. Simonton's, in regard to the
method most advisable for me to employ in securing information
and evidence, I have carefully studied the situation here, and have
PROHIBITION ENFORCEMENT 31
consulted Maj. Paul W. Kear, United States attorney, frequently,
calling my informers before Major Kear, as well, informing him,
step by step, as.the^investigation progressed.
To date I have the following to report on progress made and am
confident that Norfolk County officers, as well as Virginia State of-
ficers, are conspiring with moonshiners or distillers to violate the
national prohibition act, by permitting them to manufacture, sell,
and transport intoxicating liquor, and that these same officers are
being paid for their seryices to the moonshiners for protecting
them from arrest, and further than this I am positive beyond a
reasonable doubt that county officers are actually engaged in the
manufacture and sale.
I will outline briefly the system I am using in securing evidence
of the above violations :
I am placing my informers in a position to enable them to place
two investigators in a position where they may actually see these
officers being paid for protection by distillers, and where they may
also make buys on the distillers, in order to prove that the dis-
tillers were actually selling, as well as manufacturing and trans-
porting liquor. J. Games (colored) and A. Coston (colored), both
informers, have gotten into the confidence of four officers, using a
man by the name of King (colored), a distiller, in gaining their
confidence and through this colored man will be in a position to
place investigators where they may witness money transactions.
King was given authority by Officer Davis (Norfolk County) to set
up a still on Davis's property ; this transaction was witnessed by my
colored informers and during this conversation Officer Davis sug-
gested to my informers that he would take care of them, should
they need his assistance, in " fixing " things with State officers (motor-
vehicle patrol, as well as prohibition officers), to take care of them
on the highways, for the consideration of 50 cents per gallon.
My informers have approached Officers Jones, Chase, Wilson, and
Roundtree, and are known to them all. They, the informers, how-
ever, will not engage in the manufacture, sale, or in the transporta-
tion, but will remain in the good graces of their friend King, who
will gladly sell corn whisky to the two investigators, who, through
the informers (colored), will be vouched for, and can witness the
" pay off " of the officers.
The informers have stated to the distiller, King, that their em-
ployers are white men, and have made arrangements for King to
introduce said employers, who will be Al. F. and myself.
I am not going to rush this end of the program, as it might excite
suspicion on the part of the officers or of King. King is to set his
new still up on Davis's property to-morrow or next day. One of
the informers may be compelled to assist him in starting up, in w.hich
case I believe he* should do so, in order to retain the confidence of
King. But under no circumstances will I permit him to place him-
self in a position where he might be prosecuted. He will, however,
have to spend considerable time at the still operated by King in order
to ascertain the time and place where the " pay off " is made. Three
dollars has been set by Officer Davis as the sum to be paid him, per
mash barrel, by King every time King mashes in for a run.
32 PROHIBITION ENFORCEMENT
The officers are not in the least suspicious of a colored man or of
a white man when the negro is employed by the white man; there-
fore, in view of past experiences in Norfolk, I am going about this
matter especially carefully. And knowing that the proposition is
a very delicate one to handle, I am not rushing the colored informers.
At this hour both informers are with King, probably at Lucase's
colored road house, near Norfolk, which also is protected by Norfolk
County officers.
The above situation covers all territory and officers working north
and west of Norfolk.
I have neglected to state that before and immediately after a run
is made at any " protected " still the officer granting the protection
inspects the mash and, after the run, the corn whisky, in order to
check on the distiller as to whether he is being treated fairly, which
will enable me to place myself and another investigator where we
may see the officer enter and leave the still, which will give us addi-
tional evidence that the still is being protected, and as the case is
nearing a close and arrests are near I intend to seize a still, arrest
the distiller, and use this arrest and seizure as evidence against the
officer, charging him with conspiracy, together with the distiller.
On the Portsmouth side of Norfolk County, which is the most
important end of the investigation, I now have working Informer
Lofton Denning, who has made a statement before Major Kear as
to his personal knowledge of affairs as regards the Norfolk County
officers and Virginia State officers, and from actual contact stated
that Officers Chase, Wilson, Rouncltree, and Nelms were conspiring
with distillers to violate the national prohibition act, and were en-
gaged in the manufacture, sale, and transportation, directly and
indirectly, and that he had proof of this.
Denning is now working with Al. F. on the Portsmouth side, and
I am inclosing his report for to-day.
The still operated by the Officer Chase crowd is reported to be of
a 150-barrel capacity, and is worked . by negroes ; however, the
officers visit the still in order to check up on the output, not trusting
the negroes in doing this, and while they are present, and during the
time of operating the distillery (running the mash), officers are
stationed at all points where it would be possible for other officers
who were not in on their game to cause them trouble.
Denning assures me that he can place investigators there before
the distillers start work, when the place is practically unguarded,
and by so doing I, with another investigator, can actually witness
the officers entering, inspecting, and leaving the still, as well as any
payments of money at that time.
I am also informed by Denning that the men at work at the still
are always fully armed, so this end of the work will have to be taken
care of with much caution; however, I am prepared personally for
anything that might arise in the way of trouble in this respect, as
is R. Y. Darclen. informer, who has been assisting me for some time
and through whose efforts I came in contact with Informer Denning.
Darden, it seems, knows every foot of land here, as well as most of
the distillers. He is both honest and fearless, and would make a
very good man for your office.
PROHIBITION ENFORCEMENT 33
Fenner, as I said before, is operating on the Portsmouth side,
which, by the way, is the most important. He has, even before meet-
ing Denning, made connections there which will help him eventually,
he having been i»n company for at least two weeks past with well-
known sportsmen in Portsmouth and Norfolk.
In connection with this investigation I have visited the East Lake
district, Elizabeth City and surrounding country, and will have a
4,000-gallon seizure to make very soon, as well as to confiscate a
large motor boat on which the corn whisky will be transported.
Am inclosing a photo of Investigators Blood and Darden, with the
4- foot rattlesnake we killed in the Dismal Swamp last Sunday while
returning from Coin jock, N. C., at which place we secured informa-
tion from a Government lock tender as to the boats which were
transporting corn whisky to Norfolk and who has agreed to inform
me on the activities of moonshiners, as well as transportation com-
panies, using the Albemarle-Chesapeake Canal.
These same boats are searched and passed on by Norfolk County
officers, who charge 50 cents per gallon for protection.
I expect to conclude the investigation in much less time than antici-
pated a week ago, as I have made much greater progress than I had
planned. Major Kear has practically turned his office and his assist-
ants over to me in an effort to cooperate. He agrees with the plan
of procedure so far, and knowing the case in the preparation, I am
sure will aid him greatly in the prosecution.
As to the case in corporation court of John Nimmo, I was unable
to transfer the case to Federal court, so yesterday afternoon the
case was called. The prosecuting attorney was as hostile as he dared
to be, as well as was the court, Judge Shackleford, but I succeeded
in having his case fought to a finish before a jury, and after being
out for about three-quarters of an hour the jury came in with a
verdict of " not guilty," much to the dismay of the prosecuting at-
torney. So. that case is done forever, I hope.
Trusting that you may approve of the lines on which I am pro-
ceeding in the investigation, and that you may believe that I am
doing everything humanly possible to bring it to a speedy and suc-
cessful termination, I am,
Respectfully yours,
MAYNE.
NORFOLK, VA., July 10, 1926.
Capt. W. E. SOLTMANN,
Office of Chief Prohibition Investigator,
Internal Revenue Service, Washington, D. C.
(Report by Maj. Paul W. Kear to Maj. I. W. Truxton, A. B.
Carney. )
DEAR SIR: I have the honor to report the following in connection
with the investigation being conducted in and about Norfolk, Va. :
In company with Officers T. Miller, R. Y. Darden, and an informer
I patroled to Elizabeth City, N. C., and while there called on our
informer, Mr. F. A. Crank, who resides at No. 318 Colonial Avenue,
and was informed by him that Officer Wilson, Roundtree, Chappell
(county), and Officer Chase (State), together with others were
34 PROHIBITION ENFORCEMENT
operating with and assisting distillers to violate the national pro-
hibition act in violation of the Federal statutes, and he furthermore
stated that these officers had of their own a still now in operation
near Portsmouth, Va.
Mr. Crank, upon being further questioned by Officer Miller and
myself, stated that the following men (distillers in the vicinity of
South Mills, N. C.) were paying the above-named officers money for
protection: Bill Cullum, Julius Forehand, and Harry Ward; and
he furthermore said that Julius Forehand would, if requested to do
so, assist us in permitting us to witness a " pay off."
Both Officer Miller and myself questioned Mr. Crank thoroughly,
and I feel convinced that Mr. Crank is sincere, and from what he
told us I am positive that he is familiar with the conditions in and
throughout Norfolk County, and that he also is familiar with con-
ditions in and about "the hidden city." He has expressed a desire
to assist us in the investigation, and I feel confident that it is useless
to attempt a thorough investigation without first accepting the serv-
ice of a man who is as well acquainted as this Mr. Crank appears
to be.
In addition to the above offer by Mr. Crank he told us that he
would be pleased to inform us as to the time of departure of boats
from the vicinity of the hidden city (East Lake) for points north
which are carrying corn whisky.
Am meeting Mr. Crank again this morning, Friday, for the pur-
pose of a conference.
Mr. Crank also informed Officer Miller and myself that an ex-
United States marshal by the name of J. W. Wilson, who resides at
Elizabeth City, had come to him and had told him that he, Wilson,
had visited the still operated by Norfolk County officers, accompanied
by one or more of these officers, and that he had been invited to return
there and to bring Mr. Crank with him. Mr. Crank, our informer,
has agreed to go there with Mr. Wilson and to arrange things so as
to permit an investigator to go with him.
Respectfully submitted.
D. D. MAYNE, Investigator.
NORFOLK, VA., July 21,
Capt. W. E. SOLTMANN, .
Office of the Chief Prohibition Investigator,
Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation being conducted in and about Norfolk, Va. :
Inclosed is a true report of findings, through Informer Crank, of
Elizabeth City, N. C.
Please note that Norfolk County officers are doing business in
North Carolina. I have been told confidentially that a certain
Federal prohibition agent by name of Morrisette is working the
game with these county officers. I am not at present in a position to
prove this; am simply taking the word of a man by the name of
Worden Key on that he saw the County Officers Chase, Wilson, and
PROHIBITION ENFORCEMENT 35
Chappelle getting paid off at Mr. Bill Culloms's still and that Fed-
eral Prohibition Agent William Morrissette was with them at this
time. The pay-off took place in Bill Culloms's home at South
Mills, N. C. . ,
The informer, Worden Reyon, was at that time employed by Bill
Culloms and was actually engaged in the manufacture of corn
whisky, and, being under age, a minor, his father, Mr. Gee Reyon,
who went with me to Elizabeth City yesterday, took steps to get his
son out of the trouble he was getting himself into. Bill Culloms is
George Reyon's son-in-law, and is a common, no-account white man.
He compelled Worden Reyon to assist him at the still. For your
information and in order that you may more clearly understand' the
situation here which confronts me, I. want you to believe that these
moonshiners employ some very " high-handed " methods in the manu-
facturing of moonshine whisky. The county authorities have hereto-
fore winked at the situation; the moonshiner has been openlv pro-
v tected. The liquor has been openly transported from the still to
the city for consumption, and officers have not only conveyed the
stuff in but have actually ridden leads as well as beat loads. Men
have been killed for interfering or informing authorities. Men have
been framed and have served time in jail for their part in attempting
to break up the gang.
I am in a position to break this up and am employing methods
which heretofore have never been used. I am confident, with your
assistance and with the cooperation of Major Kear, as well as Mr.
A. B. Carney and Major Truxton, if he so desires to act, as I trust
he will. I can put on a prosecution that has never been equaled.
Major Truxton can, if he will, break up the graft in his 'police
department, using the methods I have, upon request, advised him to
employ. I do not at this writing know just what his intentions are.
, I do know that while the other police shake-up has its good effects,
that the men who are really responsible — the higher-ups in the
department — were not touched. They should be, and as long as
Harry Short and Dennis O'Brien and others are allowed to run wild
the situation will never be dried up.
Major Kear, as well as A. B. Carney, are both very anxious to
prosecute anyone who is a violator of the N. P. A. I am sure of
this. I have on numerous occasions conferred with Major Kear;
also with Carney. I am truthfully saying that I wish I were in a
position to say that I was sure of Major Truxton's desires in the
respect to his police department, where much of the trouble lies.
Please understand me, however, in that Major Truxton has never
openly opposed me, and, in fact, I believe after Major Kear gets
through with his conference with Major Truxton that he and I both
will have a better understanding of what Major Truxton desired and
wants to do at this time.
In other words, Major Kear and Mr. Carney hope to make the
" clean-up " a general one, at which time or at the conclusion of
which we will go to East Lake. N. C., with a squad of picked men
and arrest the Norfolk men and others there who are the real
operators of the stills, and at the same time break up the stills. I
»S. Doc. 198, 69-2 1
36 PROHIBITION ENFORCEMENT
am making a map of the entire layout there. I am, furthermore,
in a position to make a direct buy from the biggest distiller in that
district, a Mr. Brickhouse, of Norfolk.
I hope that you may pardon me for my seeming neglect in not
making my reports more punctually. It has not been intentional, I
assure you. The truth is that I have been working night and day
on this proposition, sparing no personal work or loss of rest. I
have wanted to make this investigation a real one, and am convinced
that I can.
I have already one direct buy of 5 gallons of corn whisky from
County Officer Powell, for which the sum of $20 was paid.
In my wire of to-day I requested to know if I may expect the
$100 which you told me would be mailed at once day before
yesterday.
Please treat this letter or report confidentially. I do not want
Major Truxton to know everything I am proposing doing at present
until he shows his hand. Do not blame me for being cautious.
I believe in Truxton, but do not think it wise to go too far with
anyone until I am positive as to how they stand on the question.
Major Kear and Mr. Carney are the ones at present to whom I am
reporting, and until Truxton is really " in " I am not confident in
him, not because I haven't faith in him either but because I do
not think it policy to do so.
D. D. MAYNE, Investigator.
NORFOLK, VA., September 19, 1926.
Maj. PATTL W. KEAR,
United States Attorney, Norfolk, Va.
DEAR SIR : I have the honor to report the following in connection
with the investigation in and about Norfolk, Va. :
Following our last interview, I proceeded to Elizabeth City, N. C.,
with Investigators Hoover and Darden, for the purpose of interview-
ing " Biddy " Crank, our informer there. We traveled via Suffolk,
Edenton, and into Elizabeth City, N. C., arriving there at about
10 p. m. (September 17), and were advised by Crank that our plans
had been upset by Federal officers operating under the orders of
Deputy Administrator (Prohibition) A. G. McDuffie, of Fayetteville,
N. C., under B. C. Sharpe, prohibition administrator of Charlotte,
N. C.
John J. London, prohibition agent, was in charge of the raids on
South Mills, N. C., the raids which have upset our plans in South
Mills. Under the last plans made, and by agreement with Agent
Snell, who operates in South Mills and who works under the direct
orders of McDuffie, he, with his men, were to have kept out of South
Mills and to have cooperated with us in giving the moonshiners the
impression that the Federal officers had leit that part of the country
to do some work elsewhere. The word had been passed out to the
moonshiners by informers. Everything was working as per my in-
structions, and corn whisky was being -made in quantities, such as be-
fore. South Mills had taken on the old-time appearance of prosperity
so far as moonshine industry was concerned. Bump Cartright had
PROHIBITION ENFORCEMENT 37
started operations; Arthur Lewis (our informer) who is Bump's
distiller, had started things going and had himself started a small
still to further convince Bump and the rest of the South Mills crowd
that things are now 'right to start in again. Then came this raid by
Carolina agents under McDuffie.
At about 11 p. m. of the night of the 17th I interviewed Agent
London. As I entered his room at the Hotel Southern, at Elizabeth
City, who should I see there and seated with London but " Taylor,"
of South Mills, a distiller, apparently engaged in conversation with
London. London excused Taylor from the room and I proceeded to
give him hell. He told me that he had been ordered there by
McDuffie; I called McDuffie by phone at Fayetteville, N. C., and
ordered him to meet me at 11 o'clock on the following morning at
London's room at the Southern Hotel; at this time, being told by
London that he was not through with raiding in South Mills, I
ordered him and his men to stay out of South Mills and to tell his
superior that I had personally ordered him and his men to stay out
for the best interests of the service.
McDuffie told me over the phone that he couldn't get to Elizabeth
City on the 18th, but after I told him that he must be there he said
he would. He drove his auto, he later told me, in order to keep the
appointment.
After concluding my arrangements with McDuffie to meet me,
and conversing with London, and being assured by him that he or
his men were at my disposal, I left Elizabeth City with Hoover and
Darden and proceeded to South Mills for the purpose of interview-
ing Arthur Lewis, Bump Cartright's distiller, and my informer
arriving there at about 1.30 a. m., September 18, I convinced Arthur
Lewis (who had the impression that I had double-JDanked him) that
I had had nothing to do with the raids and that the raids were
the result of a misunderstanding as to orders, and I farther con-
vinced him that Federal officers would from that time on cooperate
with me and I would in turn cooperate with him.
I told him and ordered him to proceed as though nothing had
happened and not to have any fear of any further trouble. He said
he would, but requested me to return to South Mills secretly on the
night of the 18th to interview him, at which time he would inform
me as to just how South Mills felt about starting business again. I
agreed to this request and left him.
I then proceeded to Norfolk, Va., and just as I drove into Deep
Creek I was accosted by Officer William Morrissette (Federal prohi-
bition agent) and my car was searched by him for liquor. Accom-
panying him was County Officer Meggs and Officers Chase, Wilson,
Chappell, and Castine, and a bootlegger whom we had met just
about 500 yards north of the Virginia line with three carloads of
bootleggers.
Just after reaching the Virginia State line, while driving the car
n^self, I noticed several auto headlights ahead of me. I slowed
down and stopped, to learn that the persons who were blocking the
road were the Wilkins boys' crowd, all bootleggers, together with a
man who I personally know to be a bootlegger and who has just
returned to civil life from having served a sentence in State prison;
38 PROHIBITION ENFORCEMENT
he drives a Chrysler roadster. I do not at this time recall his name.
Their cars were blocking the highway. I ordered them out of the
way. They gave us the road, after which we had a short conversa-
tion. The bootlegger, who I later met with Morrissette, was there
at the time, and left before I did, and who arrived at Deep Creek
before I did. He was acting apparently under Morrissette's orders,
but to make things look right Morrissette gave him a search. Mor-
rissette questioned Darden as to who Hoover was. Darden remained
silent, and I told Morrissette that if he required information to see
the United States attorney.
Am I not correct in saying at this time that Federal Officer
Morrissette had been ordered out of here by Major Fulwiler? If
so, why is he doing duty here, with the " Four Horsemen ", as I
call the State prohibition force. This all occurred at about 4 a. m. ;
as I asked State Officer Wilson for the time he told me that it was
4.20 a. m.
While going into Portsmouth I ran out of gas ; the Wilkins crowd
came along, and got me 5 gallons of gasoline, for which I paid
them $1.45, at the rate of 29 cents per gallon. While the Wilkins
boy was loading up my car with the gas three of the officers who
searched me drove past.
I arrived in Norfolk at 6 a. m., retired, and got up again at 7 a. m.,
returning on duty.
I left Norfolk again at about 9.30 a. m., via auto, via Great Gridge,
and reached Elizabeth City, N. C., at 11.30 a. m. I interviewed
Deputy Administrator McDuffie at 12.15 p. m., in room No. 100
of the Southern Hotel. He explained that he had never been given
a complete report on the situation at South Mills, except that Agent
Snell had written to him on it, but that Snell had not requested
him to keep out* of South Mills. He swore that he was deeply
regretful on account of having broken into my plans, and further
apologized for having done so. He promised me the fullest coopera-
tion in the future, and requested my permission to get in touch with
the office of the chief prohibition investigator in order that he might
have the same program carried out in his district. I told him to do
so and that I would really appreciate his assistance in keeping his
men out of the scene until the right time came for action. He told me
of conditions in Carolina that closely paralleled this one here, and
suggested that the United States attorney of that district, Mr.
Tucker, whom he said is absolutely reliable, get in touch with you
in an attempt to jail several officers who are cooperating and con-
spiring with bootleggers in Carolina in transporting whisky into
the State of Virginia.
I am of the opinion that you are the only district attorney who
has so far been able or who has really shown a disposition to check
the wholesale practice of officers and distillers in their various
methods of cooperating with each other; I trust that in the very
near future that with you I may have the privilege of placing the
facts in my possession before my office. I am positive that the con-
ditions confronting you and the entire Federal department, so far
as prosecutions are concerned, may be made much easier, that real
PROHIBITION ENFORCEMENT 39
objectives may be reached, and persons may be sentenced to impris-
onment together with the officers who are daily conspiring with them
to violate the law.
I believe that the interview with McDuffie will have its good
effects. I am sure of his cooperation.
I returned to Norfolk, arriving here at 7.30 p. m.
At 10 p. m. I left for South Mills, N. C., for the purpose of inter-
viewing my informer, Arthur Lewis, arriving there at about 11.30
p. m. I conferred with him until 2 a. m., September 19.
During our conference he told me that he had again apprehended
" Bump " Cartright, on the still business, as well as on having
"Bump " getting the Virginia State and the Norfolk county officers
lined up to take care of Cartright and Lewis on the roads. Lewis
further told me that Cartright told him that the above-mentioned
officers would not come into Carolina but would do business on the
roads with him, and that he, Cartright, was appointed, as it were,
as a committee of one to check up on the other distillers, and that
the above officers would not do business except with Cartright or
Lewis, they knowing that Arthur Lewis is Cartright's head man.
The officers have agreed to pilot Cartright's whisky into Norfolk,
or to see that it gels by.
Lewis told me that the investigator could, as before planned, ride
with him and could witness the entire transaction. The investigator
assigned to this duty will, however, have to blacken himself up
and masquerade as a negro, in order not to be spotted by the officers.
The reason, I was told by Lewis, for this is that the officers do
not fear a negro, but a strange white man is greatly feared.
Arthur Lewis told me that he had personally shown Cartwrighl
that things, as he put it, were all right, and after explaining it to
him, Cartright ordered him to proceed. He is to make his first
run of whisky Monday, September 20, and I am to again interview
him on the night of the same day, at about 11.30 p. m. Lewis
explained that the raids had hurt the work I am doing, but he said
outside of retarding the investigation by about a week, he did not
think that we had been injured to any extent. I will report to you
personally Monday, the 20th, in the morning.
Respectfully submitted.
D. D. MAYNE.
DEPARTMENT or JUSTICE,
UNITED STATES ATTORNEY,
EASTERN DISTRICT or VIRGINIA,
Norfolk, October 9, 1926.
Capt. WALTER E. SOLTMANN,
Head, Criminal Investigation Division,
Prohibition Unit, Bureau of Internal Revenue,
Washington, D. C.
MY DEAR CAPTAIN : I am in receipt of your letter of the 8th rela-
tive to the still raided by the North Carolina agents. I heard some-
thing about the matter just before I left here for Richmond on the
1st of the month. I had received no information that any agents
operating in this section were operating a still or allowing others to
40 PROHIBITION ENFORCEMENT
operate stills as a means of obtaining information. The agents were
specifically instructed against operating stills or allowing their oper-
ation in the course of their investigations here.
I expect to see you in Washington on Tuesday or Wednesday of
next week ; that is, on the 19th or 20th. I am leaving here to-morrow
for Richmond and hope to have things in shape there by Monday
night so that I can take the train for Washington.
With kindest personal regards, I am,
Yours very truly,
PAUL W. KEAR,
United States Attorney.
OCTOBER 24, 1926.
Mr. WALTER E. SOLTMANN,
Washington, D. C.
DEAR SIR : I have your letter of October 22, with reference to some
inquiries and investigations that Mr. William L. Morrisette may have
made with reference to one of your special investigators, Mr. D. D.
Mayne.
As you know Mr. Mayne has been located at Norfolk, Va., since
some time last spring. I have had no information with reference to
his mission there other than as it developed from time to time in
statements he may have made to me and the agents of my division
there. While I have thought that some of the methods employed
there were unwise and very detrimental to prohibition enforcement,
at the same time I was of the opinion that it was better that I
should not in any way interfere with the plans of your department
or whoever was responsible for the activities of Mr. Mayne and
some others associated with him.
Therefore, the matter did not interest me to the extent of inquiring
into it or in any way interfering with it until Mr. Mayne saw fit to
undertake to make charges against agents of my division and make
very uncomplimentary remarks with reference to me personally. As
you know. Mr. Mayne and some others set up and operated a boot-
legging bar room in the dive section of Norfolk for some time and as
a result of it later a raid was made there in which they- asked the
cooperation of the agents of my department and my agents rendered
them every .assistance possible for which Mr. Mayne and others com-
plimented them very highly. Mr. Mayne said I had a very high class
set of agents, clean upstanding fellows. I told him I thought I had
known that for some time. I think their report to you is the same
and I had a nice letter from you with reference to them as I remem-
ber without referring to the files.
Later I was advised by the agents of my department that they had
made a raid in Norfolk County and captured an illicit distillery and
two operators and that Mr. Mayne came into the prohibition office the
next morning and stated to them that they had cut up his distillery
and arrested his men. Of course this was astonishing news to me
that Government agents were operating an illicit distillery in that
way. However, I took no notice of that as I had no desire to inter-
fere in any way with their plans and purposes.
Recently some of Mr. Sharpe's men made a raid in the neighbor-
hood of Elizabeth City, N. C., which is just over the border from
Virginia, and cut up a large distilling plant and several operators
PROHIBITION ENFORCEMENT 41
escaped. Mr. Sharpe's men reported that Mr. Mayne and another
agent claiming to hold a commission from your department turned
up at the hotel and advised them that they had cut up their dis-
tillery which they w,ere operating for the purpose of catching Norfolk
County officers and prohibition agents of my department.
They stated to the deputy administrator in North Carolina that
they had some of the officers from Virginia tied up and mentioned
the name of Morrisette as the main man they had tied up. Claimed
they had been paying Morrisette to protect the distillery they had
been running in North Carolina. Also stated that Mofrisette had
come down and visited them at the distillery accompanied by a
woman.
They further made the very nice statement. " We have got old
man Fulwiler with one foot in the ocean where he can not touch
land with the other one." I resent very indignantly any such re-
marks by such irresponsible agents no matter whose department
they may belong to or who may have assigned them. Surely, they
did not assign them there to make such ugly remarks about the
administrator for the seventh zone.
They have done this promiscuous talking about Morrisette, accus-
ing him of criminal collusions and that they had him tied up, and
while I do not know what inquiries or investigations he may have
made, I would not blame him for taking vigorous steps to investigate
their conduct.
I was in Norfolk on official business some three or four weeks ago.
At that time I was advised by my squad leader that he had sent
Mr. Morrisette to the U-Drive-It Co. to hire a car to go on a raid
and that they refused to hire him the car unless he paid for it in
advance and stated to him that Mr. Mayne owed them a large livery
bill that they could not collect from him. Of course I care nothing
about Mr. Mayne's bills further than I think it is unfortunate that
it should hamper the agents of my department by being unable tu
hire a car without paying for it in advance.
I think these facts ought to explain very fully why Mr. Morrisette
might deem it to his personal interest to check up on Mr. Mayne
after he had made such broad criminal accusations against him. He
might feel that it might become necessary for him to protect his
character and his official conduct and that it would be well for him
to look into the movements and activities of men who would bring
such accusations against him.
I think it is well known to all bootleggers and moonshiners of
that section about Mr. Mayne and his business there As to the
activities, I do not know what he has accomplished or just what he
has on any one other than I must negative the idea that he has me
out in the ocean so I can not reach dry land.
If you desire any further information regarding the matter I
shall be glad to go to Norfolk and investigate this matter and report
fully to you. Really, I think it has reached the point where it will
bear investigation and I would be very glad indeed to meet you
there and go over this situation. It might be very provable to the
department and the good of the service.
R. A. FULWILER,
Prolulntion Administrator.
42 PROHIBITION ENFORCEMENT
DEPARTMENT OF JUSTICE,
UNITED STATES ATTORNEY,
EASTERN DISTRICT OF VIRGINIA,
Norfolk, Va., November 5, 1926.
Capt. WALTER E. SOLTMANN,
Head, Criminal Investigation Division,
Bureau of Internal Revenue, Washington, D. C.
DEAR CAPTAIN SOLTMANN: Mr. Mayne was in the office on yester-
day stating that he had come back here to straighten up certain
accounts of his. While he was here he showed me a copy of a letter
he had written you in connection with some letter that had been
received by the department from Major Fulwiler, prohibition ad-
ministrator. I desire to call your attention to two paragraphs of
the letter.
The first paragraph is in reference to the operation of a still by
certain informers working for Mayne. Mayne's original instruc-
tions— and they were not changed at any time — were that he should
not operate or allow any still to be operated by his informers. In
fact, he \vas told not to allow any still to be operated where the opera-
tors knew that he or his men had knowledge of the still and also
knew that they were Federal officers. On one occasion it appeared
that Agent Griffin had arrested some colored men at a still. They
claimed to Agent Griffin that they were working for Mayne. Mayne
and Griffin came to my office. I told Mayne that he had disobeyed
instructions when he allowed those men to set up a still, they know-
ing he was a Federal officer. He stated that they told him that they
were only going to set up a still as a blind and would not operate the
same. I told him that in my opinion he had gone contrary to the
express instructions of Mr. Simonton. I ordered Mr. Griffin to pro-
ceed with the case before the commissioner and have the men held for
the next term of the United States Court. They were operating the
still at the time of their arrest.
The next paragraph in his letter which I desire to call your atten-
tion to was a statement made by him to the effect that I had made
some complaint in Washington relative to Mr. Fulwiler. The state-
ment as made in his letter is entirely incorrect and not based upon
any statement made by me to Mr. Mayne. I don't know from what
source he received any information upon which he could possibly base
any such statement, as I have never filed any complaint against Mr.
Fulwiler or undertaken in any way to have him removed from office.
I have stated to officials in your department that there could be far
more cooperation between the administrator's office and my office. I
further stated that Mr. Fulwiler and I do not agree upon the class
and character of cases that should be worked up by Federal prohibi-
tion agents and brought into the United States court. That all
statements made by me have only been with the idea of closer and
more effective cooperation between the two offices and not with any
effort to have Mr. Fulwiler removed from office or in any way reflect-
ing upon his character and ability. The only question is that Mr.
Fulwiler interprets the instructions and policies of General Andrews
in one way and I interpret them in another way. If my interpreta-
tion of General Andrews's policy is correct and Mr. Fulwiler is so
PROHIBITION ENFORCEMENT 43
advised by those in authority, I am sure that he will endeavor, to the
best of his ability, to cooperate with me. I have not advised Mr.
Mayne of any of these matters and the statement in his letter is
entirely unwarranted and apparently originated in his own mind. I
so advised him when he showed me the copy of his letter. I also told
him I desired the impression that he had given by his letter to be
corrected. Inasmuch as the letter was sent to you and probably has
gone no farther, I am writing this letter so that you might know my
views regarding the same.
With kindest regards, I am,
Very truly yours,
PAUL W. KEAR,
United States Attorney.
TREASURY DEPARTMENT,
BUREAU OF INTERNAL REVENUE,
Washington, January 11 ',
Memorandum for Gen. L. C. Andrews, Assistant Secretary of the
Treasury.
I am transmitting herewith report by Mr. Walter E. Soltmann,
head, criminal investigation division of this service dated January
14, 1927, detailing the facts and circumstances of the investigations
conducted at Norfolk and vicinity by Investigators L. H. Blood and
D. D. Mayne.
This report is in response to your request of December 15, 1926,
transmitting to me copy of a memorandum by Commissioner Blair
dated December 7, 1926. The delay in this office was due to the fact
that the Christmas holidays intervened, during which time a num-
ber of employees were on leave and the further fact that those on
duty were required to work overtime and Sundays getting together
the contracts of informers and securing authorizations for reemploy-
ment after December 31.
The memorandum of Mr. Blair and your letter of transmittal are
returned herewith.
V. SlMONTON,
Chief Prohibition Investigator.
TREASURY DEPARTMENT,
ASSISTANT SECRETARY,
December 15, 1926.
Memorandum for Mr. V. Simonton, chief prohibition investigator.
Please give me a report on this. I have never liked your being
engaged in this work. It is outside of your legitimate field of activi-
ties. Please plan to close it up.
L. C. ANDREWS,
Assistant Secretar-y.
44 PROHIBITION ENFORCEMENT
TREASURY DEPARTMENT,
OFFICE OF COMMISSIONER OF INTERNAL REVENUE,
December 7, 19%6.
Memorandum for Assistant Secretary Andrews.
Some months ago David D. Mayne, Layton EL Blood, and James
A. Adair, three agents representing the chief prohibition investiga-
tor's office, went to Norfolk and rented a room in the worst section
of the city, purchased some pool tables, established a pool room and
a bootlegging barroom, which was in charge of Mr. Blood and a
man by the name of Dickens, who had formerly been discharged
from the Norfolk police force. I am told that he is a most unreliable
and unscrupulous individual. That seems to be his general reputa-
tion in Norfolk. The district attorney has stated that he would not
convict a yellow dog on his testimony.
These agents had associated with them another notorious boot-
legger named Darden. They went out among the petty bootleggers
and would buy 5-gallon lots of liquor at a time, and they appear
to have satisfied their consciences by saying that they were getting
the " higher ups."
It was testified before the grand jury that this liquor was taken
to the Government barroom and sold over the counter by our agents
to negroes and others at 25 cents a drink. Several policemen were
invited by Dickens to take drinks, and they then had charges pre-
ferred against them. This caused quite an upheaval and several
policemen were dismissed.
Knowing that it is your policy that the local authorities should
handle matters of this kind I am sure you will be glad to have this
called to your attention.
It ma}^ be of interest to you to know, however, that the city man-
ager of Norfolk very severely criticised the prohibition investiga-
tors for the manner in which they conducted this illegal business.
From the best information I can get these men were under a man
by the name of Soltmann.
When it became noised about that the Federal Government had
set up this barroom to trap and catch policemen the entire force of
policemen were incensed at the Government officials. Of course, it
will be many years before we can hope to get the proper cooperation
from the policemen in Norfolk as a result of this attempt to catch
them by committing an unlawful act and by setting a trap to help
clean up a local situation which should have been taken care of by
local people.
Blood left Norfolk, but Mayne continued and other agents joined
with him.
It seems that the agents not only ran the barroom and bought and
sold liquor, but they also set up a distillery, and one distillery was
put up in North Carolina. Some of the prohibition agents in North
Carolina heard that a distillery was in operation and they went to
considerable expense and trouble to capture this distillery, as they
should have done. I am told that they were very severely criticized
by the representative of the prohibition investigator's office for hav-
ing done this, yet neither the administrator nor any of his agents
was notified that the Government was operating a distillery and to
keep hands off. Another distillery was put up in Norfolk County,
PROHIBITION ENFORCEMENT 45
Va., and of course the same conflict arose which will always arise in
cases where you have two sets of agents doing the same kind of work
in the same territory — a conflict of authority and a useless expendi-
ture of money.
Mr. Sharpe's1 meh seized the distillery, which was opeiated over
on the North Carolina side, and destroyed it. It was an expensive
plant. Mr. Mayne and some other agent complained bitterly that
Mr. Sharpe's men had destroyed the distillery which they were
operating. I am told that Mr. Mayne has been criticizing a number
of the officials in Virginia, and of course this stirs up bad blood be-
tween two different branches of the Prohibition Unit.
Dickens, who was one of Blood's coworkers, was a temporary pro-
hibition investigator. I am told that he testified that Blood had
gotten hopelessly drunk on numerous occasions and that he had to
be hauled to his room and put to bed, and that they had been obliged
to use a part of the purchased liquor to settle the rent for the room
for Blood and Mayne.
This matter is being pretty generally discussed in Norfolk, and
if it should become public property in my opinion the Mayflower
episode would be mild compared with what would happen here.
I feel that this ought to be called to your attention. The district
attorney at Norfolk, I am sure, can give you all of the information
about it.
I think perhaps the whole thing ought to be investigated, and for
the protection of your unit I suggest that you have that investiga-
tion made, or, if you prefer it, I will have one of Mr. Irey's men
make the investigation for you.
In this connection it may be of interest to you to know that Mayne's
expense account shows that during the month of August be spent
$575 and during September $474. In the August account there was
$314 for automobile hire, and in the September account $278. The
expense account reveals many other interesting things.
Sometimes things are not as bad as they are reported; sometimes
they are a great deal worse; but I am convinced from information
I have that this is a very ugly situation that ought to be investigated
promptly and thoroughly.
I am sure you will agree with me that the Prohibition Unit should
not conduct any such illegal business as this.
D. H. BLAIR. '
TREASURY DEPARTMENT,
BUREAU OF INTERNAL REVENUE,
Washington, January 1^ 1927.
Memorandum to Mr. Simonton, chief prohibition investigator.
In accordance with your request a report is hereby submitted
regarding the activities of this organization in Norfolk, Va., and
particularly explaining the work performed by Investigators D. D.
Mayne and L. H. Blood.
James A. Adair, mentioned in the memorandum to General
Andrews from the Commissioner of Internal Revenue, is not a mem-
ber of this organization, and the name is unknown to me.
46 PROHIBITION ENFORCEMENT
In the spring of 1926, in March I believe, General Andrews
directed that I report at his office, as Major Green, then chief prohi-
bition investigator, was out of town at that particular time. The
general explained to me that a very serious situation existed in the
city of Norfolk, Va., and that he had been requested to assist the
city manager in cleaning up certain conditions which the best citi-
zens felt could not be handled except by undercover men. There
was no question on the part of the city officials regarding the hon-
esty or integrity of the administrator's forces in that district, but it
was felt that these agents were known and they would not be able
to get the desired results for that reason.
Investigator L. H. Blood was therefore sent to Norfolk to confer
with Maj. Paul W. Kear, United States attorney; Maj. I. Walke
Truxtun, city manager: and Mr. J. W. Hough, one of the leading
citizens of the city. Major Truxtun advised Investigator Blood
that their first problem was to wipe out corruption within their own
police department. The plan as outlined by the city manager was
for Investigator Blood to open a so-called speak-easy, the purpose
of which would be to learn which policemen were receiving bribes for
permitting places of this kind to operate. Investigator Blood imme-
diately communicated with this office, giving full details of the pro-
posed plan, and requested orders as to whether or not he should pro-
ceed. The matter was discussed fully in this department, and while
there was no particular desire on our part to enter into a local situa-
tion of this kind we did wish to assist the city manager in handling
this phase of his problem, this being our reason for entering the
situation in the first place.
In order to show that Blood kept this office posted and that in-
structions were sent to him, the following excerpt is quoted from a
report received from Investigator Blood, dated March 7, 1926 :
LEGAL ANGLES
Will you please consult with Mr. Simonton at once and let me know just bow
far we can carry on with the joint that Dickens and I will open this coming
week? Here are the facts for his perusal, and so he will know what it is all
about : We are going to open up a pool room in the nigger belt of town, or lease
one, for which we are now negotiating. This the wholesalers in the game be-
lieve will be our blind for big operations. The city of Norfolk will pay for the
ppol room and its operations. We know that as soon as we open up that the
police will come around and shake us down. Not the plain cop, who, of course,
will get his $5, but captains and members of the vice and liquor squad, and
perhaps some of our own prohibition people. The higher up the more money
we will have to expend for graft.
A nigger will be hired to run the place. We are going to put in a bar at
the end and get ready as if we expected to do a big business. If the job drags
along a couple of months it may be necessary to have this nigger sell some
whisky, or even myself, for if we buy whisky from the wholesalers and don't
sell any it will look funny. I want to know just how far we can go with this.
I am going to be on the job with Dickens in the place. We won't do any selling
for a couple of weeks or more, anyway. The city manager is going to put
back one grafting sergeant on the street, who they now have inside, and arrange
to have this place raided that we will be operating. This will give the cops a
chance to put the bee on us.
As the city of Norfolk will be paying for the pool room, which will amount
to about $80 a month at least for rent alone. I told them that I would pay off
the cops and buy the liquor. We can jam the cops for conspiracy in this way.
But what I want to know is how far you want me to go. We won't keep our
liquor here but will move it to a strong vault in the home of Mr. Hough.
PROHIBITION ENFORCEMENT 47
Another thing is this — although looking ahead quite a bit — it is the custom
here for the lawyers in liquor cases to try and fix cases after the knock-off.
Pay out of hand in cash. I want Mr. Simonton to give me the low-down on
making a case that will stick against some of these gyp lawyers. I know of
one case right now where a lawyer has offered a policeman "from fifty to a
hundred dollars and a good party."
The chief counsel of the chief prohibition investigator's office,
Mr. V. Simonton, prepared a memorandum which is hereby attached
as Exhibit C. This memorandum sets forth in detail what may be
done legally with a place of this kind.
A place was, theref orer opened and wras operated for several weeks.
It should be stated at this point that the city of Norfolk, through the
city manager, paid for all fixtures and operating expenses, with the
possible exception of certain expenditures made by Investigator
Blood for purchase of evidence, etc. It was realized fully that court
cases would not be developed through the operation of this place.
The purpose was clearly understood that this was to assist the city
manager in weeding out from his police force crooked and corrupt
policemen. Reports were submitted by Investigator Blood to the
city manager, keeping him advised of the officers who called at the
place, etc.
Exhibit D, which is hereby attached, is a copy of an additional
memorandum sent to Investigator Blood on or about March 20, 1926,
in which Mr. Simonton, chief counsel, brings out more fully certain
points in question.
On March 24, 1926, a conference was held in this office, and the
situation was gone over carefully from every angle. Exhibit E,
which is hereby attached, is an excerpt from a memorandum in the
files regarding this conference.
Exhibit F is an excerpt from a communication to Investigator
Blood, dated March 10, 1926, bringing out the point that his propo-
sition could not be used for evidence, but only for purposes of
information. .
Exhibit G is an excerpt from a communication to Investigator
Blood, dated March 20, 1926, again emphasizing this point.
After operating for several weeks, the place was closed, the infor-
mation obtained was turned over to the city manager, and the accused
policemen were called into the presence of Major Truxtun and con-
fronted with the statements made by Investigator Blood. As a re-
sult of this operation, there was a shake-up in the Norfolk police
department, several officers were dismissed and others transferred to
various parts of the city, etc.
Exhibit H, hereby attached, is a copy of a memorandum showing
the police charges and the results obtained in this way.
Exhibit I is an excerpt from a summary of the Norfolk situation,
dated May 7, 1926, and submitted by Investigator Blood when he
was withdrawn from the situation.
Exhibit J, hereby attached, is a copy of a communication from
Mr. Vanderberry, confidential secretary to Major Truxtun, the city
manager, addressed to Investigator Blood, dated May 11, 1926. State
and city arrests made from April 30 to May 5, 1926, which is really
the period during which many raids were made, resulted in numerous
instances from information turned over to Major Truxtun as a re-
sult of our operations.
48 PROHIBITION ENFORCEMENT
It is not surprising that Investigator Blood was at some time or
other during this operation drinking liquor. As a matter of fact
when the investigation was completed, it was necessary to relieve
him from all duty for a period of seven or eight days in order to per-
mit his physical and nervous condition to get back into shape.
During the latter stages of the operation of this place, the United
States attorney, Maj. Paul W. Kear, and the city manager, Maj.
I. Walke Truxtun, advised us that a ring of county and State officers
had been operating for some time between Norfolk and the North
Carolina line. Their business was to protect deliveries of liquor
from distillers in the Dismal Swamp section of Virginia and in
North Carolina, arid to collect toll when these deliveries passed along
the roads on the way to Norfolk. This crowd had been operating
for several years and it was impossible to implicate them in a con-
spiracy case unless the case were built up by men who could pose as
bootleggers and who are unknown to anyone in that vicinity. This
department was again reluctant to go into this phase of the investi-
gation, but at the personal request of the city officials above it was
decided to build up a conspiracy case of this kind in conjunction with
the United States attorney.
Investigator D. D. Mayne had been doing very excellent work
in northern New York State while loaned to the administrator in that
district, Maj. E. C. Roberts. It was felt that he could handle this
phase of the investigation, and he was therefore ordered to Wash-
ington for a conference. Mayne was carefully instructed in this office
in every movement he was to make before he left for Norfolk. You
will undoubtedly remember that as chief counsel to Major Green at
that time, you outlined to Mayne in Your office the fact that he was
merely to make his connections through Investigator Blood and when
he began to build up his cases they must not conflict in any way
with evidence or cases made through the operation of the pool room.
Investigator Mayne understood this fully and Investigator Blood
was advised to this effect.
Shortly after the arrival of Investigator Mayne in Norfolk the
place was closed and the police cases were made. The subsequent
activities of Investigator Mayne will be explained below, as this
memorandum is divided into two parts. First, the phase of the
investigation mentioned up to this point, that is, the operation of
the pool room; and, second, the investigation in connection with
a conspiracy case, which will be explained below.
Whether or not the city manager was satisfied with the results
obtained up to this point may be judged from a copy of his letter,
dated May 15, 1926, which is hereby attached as Exhibit A. We
are also attaching copy of a letter received from Mr. J. W. Hou^h,
dated May 13, 1926, also addressed to Major Green, chief prohibition
investigator, regarding the activities of Investigators Blood and
Mayne up to this point. This letter is attached as Exhibit B.
After closing the pool room and withdrawing Blood from Nor-
folk, Mayne was left there to work out the conspiracy case involving
distillers and the county and State officers in question. After several
months' work, the details of which were reported to the United
States attorney, Major Kear, and to this office, the case was ready
to be crashed. At this point a certain police officer in Norfolk, one
PROHIBITION ENFORCEMENT 49
Captain Moore, ordered a raid on a house in which liquor was stored.
This liquor was sealed as Federal evidence and was to be used in
the presentation of the cases in court. This was explained to a
police officer the da^y before the raid, but orders were issued for the
raid notwithstanding. While the evidence was not removed or de-
stroyed, it was felt that this had practically nullified our efforts,
due to the publicity obtained, etc., and a serious delay resulted.
While building up this conspiracy case numerous informants were
employed, several of whom actually worked in lar<re stills operated
by some of the largest distillers in that section. This is what lead
to the misunderstanding when one of the stills was raided and this
office immediately went into the facts of the case to see whether or
not Investigator Mayne's statements were accurate.
We are attaching as Exhibit K an affidavit submitted by Investi-
gator Mayne, dated October 12, 1926. We are attaching, further-
more, as Exhibit L an excerpt from a report submitted by Mayne,
dealing with the point in question.
Both of these statements disclaim absolutely the story that a still
was being operated. From Mayne's affidavit it is shown that it
was necessary to create the impression that certain distillers were
back in business and were operating. Whether or not this was the
best judgment on Mayne's part is aside from the question as to
whether or not investigators of this department were actually
operating a distillery as has been charged. We feel that this point
is brought out in Exhibits K and L.
As you wrill remember, it was decided at a conference in this office
some time ago that our activities in Norfolk should be discontinued,
due to the fact that we heeded the personnel for what we consider
cases of much more importance in other parts of the country. Since
we have been confining our activities more and more to smuggling
and international conspiracy cases, it has been necessary to with-
draw all men from individual assignments and send them to our
various group heads. This has been done and, except where smug-
gling is involved, we are not active any more in Norfolk.
WALTER E. SOLTMANN,
Head, Criminal Investigation Division.
EXHIBIT A
CITY or NORFOLK,
Norfolk, Va., May 15, 1926.
Maj. WALTON GREEN,
Chief Prohibition Investigator,
Bureau of Internal Revenue, Washington, D. C.
MY DEAR MAJOR GREEN: I trust you will not consider me pre-
sumptuous in endeavoring to convey to you by letter my deep and
sincere appreciation of the service rendered by Mr. L. H. Blood
and Mr. D. D. Mayne in connection with my recent activities to
bring about an amelioration of conditions which have been existing
here for some time past.
50 PROHIBITION ENFORCEMENT
The splendid spirit displayed was most gratifying and only by
such exhibition as was forthcoming in this instance can the Federal,
State, and municipal officers be drawn together as is now the case
between the representatives of your department and the law-en-
forcing division of this city.
Mr. Mayne is still here and I want to assure you it is my pur-
pose not only to place at his disposal such men as may be necessary
to minimize the expense to the Federal Government, but also to have
at his command such marine equipment as may be necessary to carry
to a conclusion the work that he is undertaking.
To this end, I want you to feel free to call on me whenever it
may be possible for either myself or associates to be of service.
I trust that I may have the pleasure, in the not too far distant
future, of conveying to you in person my expressions of gratitude.
With my kindest personal regards, please believe me to be
Cordially yours,
I. WALKE TRUXTTJN,
City Manager.
EXHIBIT B
BELLAMY & HOUGH (!NC.),
REAL ESTATE AND INVESTMENTS,
Norfolk, Va., May 13, 1926.
Maj. WALTON GREEN,
Chief Prohibition Investigator,
Treasury Department, Washington, D. C.
DEAR MAJOR GREEN : I am taking the liberty of writing you this
note of appreciation for the services of two of your under-cover
men, Messrs. Blood and Mayne, who have been operating here in
Norfolk for the past several weeks under direction of our city
manager, Maj. I. Walke Truxtun.
Major Truxtun feels deeply indebted to you for sending these very
efficient men here. The work which they have done would have been
impossible from any other source than your department. The police
department in Norfolk, like a great many other cities, was to a
great extent in league with the violators of the prohibition law and
it still to some extent connected up with bootleggers. However,
there has been a great improvement since the break. While the
work already accomplished is very important from the police depart-
ment standpoint, I am confident that Mr. Mayne, with his assistants,
will accomplish a great deal in other directions, and the good people
of Norfolk deeply appreciate your continued assistance along this
line. I am sure you will feel much gratified with the result in the
final windup.
Any time that I can be of service please command me.
Yours very truly,
J. W. HOUCH.
PROHIBITION ENFORCEMENT 51
EXHIBIT C
MARCH 10, 1926.
Memorandum to Investigator Blood re Norfolk.
I note that through your partner whisky is to be sold and that you
are to check up the sales each day. I also note that you are getting
ready to bribe policemen. It will be no justification, in case you are
called as a witness, for you to say that you did not sell. Your part-
ner's sale of whisky you buy is your sale, and you can hardly escape
acknowledging that you knew all about it. To pay off grafting
policemen is also another, excellent way to ruin cases. Remember
that bootleggers are in touch with excellent legal advice and that
they -will lead you into situations that will render you powerless. I
am, of course, not familiar with the attitude of juries in N., but I
know that you could not in this jurisdiction expect to win any cases
on such a basis. Of course, if you are getting evidence for the police
board or expect pleas of guilty, all O. K. ; but if you are to testify,
the juries may want to convict you instead of the defendant.
As to the sale of bottles and labels for regular brands of scotch
and rye, you are advised that it is entirely lawful to sell for lawful
purposes such brands and labels. Upon establishment of the fact
by evidence, however, that the seller knowingly sold the same for
bootleg purposes and they were used therefor he would be an aider
and abettor and therefore a principal in the offense of the bootlegger
under section 332 of the United States Criminal Code ; and, under a
given set of circumstances, where parties act in concert in procuring
the labels and bottles, would be guilty of a conspiracy under section
37 of the same code.
V. SIMONTON, Chief Counsel.
EXHIBIT D
MARCH 20, 1926.
Memorandum to Investigator Blood re Norfolk :
For the purpose of procuring evidence you may, of course, as you
know, make purchases of whisky from those already engaged in the
business. You may not either start a man in business or put the
idea into his mind of getting into the business for the first time and
then make a buy. This would be entrapment. Similarly, you may
open a u joint " and simulate the conduct of one engaged in boot-
legging. Thus circumstanced you may make purchase and secure
evidence. In each case, however, and because of your act in opening
the "joint" you should be able to prove each person from whom
you purchased was engaged in that business prior to your approach-
ing him. This to avoid the appearance of entrapment through the
opening up of the " joint." Having purchased the liquor you may
retain it as evidence only. You may not sell whisky nor bribe city
or Federal officials without committing offenses. The law does not
permit this. Such evidence might, be available for a police board
in getting rid .of grafting policemen, but you could not hope to be
successful in either prosecuting such officials or in escaping punish-
ment yourself. Such acts might serve you in procuring information,
52 PROHIBITION ENFORCEMENT
but evidence thereof would not be available for prosecution in the
Federal court except of yourself and those with you who engaged
in the unlawful acts. It should not be difficult, however, to avoid
this situation and at the same time procure evidence. In opening
the " joint " and making purchases, you will undoubtedly be ap-
proached for graft. You will, of course, want, in advance, to ascer-
tain the rates paid by others. Admissions may thus be obtained as
to past transactions both from the grafter and other bootleggers
which, when the " knock-off " is made would justify their arrest, and
one or the other, if the situation looks serious, will run for cover.
Another practical reason why you should not violate the law
yourself by selling or bribing is this: The "joint" proposition is
dangerous from any angle. Asher opened " Uncle Sam's Place " in
Peoria, 111., and while the cases thus made never came to trial
because of his death, nevertheless he was indicted by the local courts
and severely denounced by one State judge. If the Federal courts
in Norfolk should also not readily take to the idea, and it should
develop that you had sold whiskv and bribed the police, it would de-
strov all the good work you might otherwise have done.
Regarding preparation of the search warrants in Washington, this
should be avoided. You state that you have a United States com-
missioner who is O. K. and who will issue the warrants. The practice
varies as to search warrants in different jurisdictions. A search
warrant may be good in Washington that would be worthless in
Norfolk. The United States commissioner there should be familiar
with all the " kinks " and be able to draw a hole-proof warrant.
You may also get help in this regard from the United States attorney
who will later have to take charge of the hearings. The psychology
of the situation also is that if someone else draws the warrant the
commissioner is not averse to finding holes in it. On the other hand
if he, or the United States attorney or assistant, draws the warrant,
he is prone to sustain the same.
If you are afraid of leaks and want the typewriting done in Wash-
ington, you might have the commissioner or United States attorney
or assistant prepare one case, and that can be used as a guide.
V. SIMONTON, Chief Counsel.
EXHIBIT E
MARCH 24, 1926.
Memorandum re : Norfolk.
Blood reported for conference on the afternoon of Tuesday, March
23, and also on Wednesday morning, March 24. As a result of
this conference with Major Green, Mr. Simonton, Mr. Harris, and
myself, it was decided that the best procedure would be for Blood to
continue the pool-room proposition, as originally planned. This
pool-room plan was promulgated by Maj. I. Walke Truxtun, city
manager of the city of Norfolk and is being paid for out of city
funds. The result of this investigation now has two phases :
1. The actual local clean-up of the police force and minor city
officials, etc.
PROHIBITION ENFORCEMENT 53
2. Cases against bootleggers and operators in and around Norfolk.
Blood's function will be to make his bootleg connections through-
out the city and to be affiliated with the pool-room proposition for
the purpose of obtaining information. Therefore, when his final
phase of operations arrive, his information will be sufficient to enable
Major Truxtun to clean out his police force, grafting officials, etc.
In about a month from now another man is to be sent to Blood
who will be introduced as a friend of his, etc. Through Blood's
bootleg connections'the new man will be in a position to make buys
from all prominent people who will then be known to Blood person-
ally. The idea is. therefore, that Blood is paving the way for the
new man; that he will enable Major Truxtun to clean out his local
conditions, and the new man will stay to make the cases against the
bootleggers from whom he has made buys.
EXHIBIT F
MARCH 10, 1926.
DEAR BLOOD: Your report, dated March 7, has received very close
attention by the various parties interested and gives us a gooS, con-
cise picture of the situation. Mr. Simonton has prepared a statement,
which is inclosed. He covers the point in which you are interested
very thoroughly, and, as a result of a further discussion with him on
the matter, I realize that we must be careful how we use this pool
room proposition. For the gathering of information, it is very
important and good business — from the point of view of evidence,
however, it is entirely different. Mr. Simonton feels that you
should carry this job along by gradually stocking it with liquor, and,
at the same time, gathering information. Read his statement very
carefully, and if there is anything doubtful about it, do not hesitate
to ask for a more complete story.
*******
W. E. S.
EXHIBIT G
MARCH 20, 1926.
DEAR BLOOD : We have been going over your report No. 5, and Mr.
S., the counsel, has given me the attached memorandum for your in-
formation.
He is trying to bring out the fact that there are two distinct sides
to your problem. If it is the purpose of the city of Norfolk to
simply clean out corrupt policemen, minor officials, etc., the selling
business brings results in this way. The other point is that in order
to prove conspiracy, the jury will raise merry Ned if it can be shown
that the Government representative put the idea into some one's head
or helped them by selling stuff to them.
*******
W. E. S.
54 PROHIBITION ENFORCEMENT
EXHIBIT H
CITY OF NORFOLK,
Norfolk, TV/.. May 4, 1926.
Memorandum
Patrolman W. J. Williams, 10 days' suspension, 1 year on probation.
Patrolman F. H. Turner, resignation accepted.
Patrolman S. J. English, dismissed from service.
Patrolman J. W. Lang, dismissed from service.
Patrolman W. R. Childress, dismissed from service.
Patrolman M. J. Hill, dismissed from service.
Patrolman A. B. Elliott, charges dismissed.
Patrolman H. E. Hutchinson, one year probation.
Patrolman J. L. Stanley, one year probation.
Patrolman J. W. Brown, dismissed from service.
Patrolman G. D. Sands, one year probation and 10 days' suspension.
Patrolman D. G. Green, charges dismissed.
Patrolman W. L. Ruddick, one year probation.
Patrolman G. I. Williams, one year probation.
Patrolman A. M. Allen, 10 days' suspension, 1 year on probation.
Sergeant W. T. Marshall, charges dismissed.
Patrolman F. Phelps, charges dismissed.
EXHIBIT I
MAY 7, 1926.
The investigation of Norfolk started on March 4, 1926. On that
date I had a conference with Mr. J. W. Hough, Mr. H. A. Vander-
berry, confidential secretary to the city manager, Maj. I. Walke
Truxtun and Henry N. Dickens, a special investigator for the city
manager, who had been at work for more than a month investigating
the police department of Norfolk as a bootlegging fraternity.
As a result of this conference and other conferences later on, a
combination pool room, restaurant, and soft-drink establishment was
opened in a galvanized iron stable, at 1223 Chapel Street, Norfolk,
Va. This stable was built by Dickens, a convicted bootlegger named
Richard Y. Darden, and myself, with the assistance of colored car-
penters. This address in chapel street is in the heart of the colored
section, is notorious, and is a hard neighborhood and dangerous for
white men after dark. Darden, the bootlegger who will come up for
sentence in the United States court for running a still, in this present
term, did not know who Dickens or myself was until April 30, when
the city was raided. The city spent the money necessary to build this
establishment. The lumber alone cost more than $600, the pool tables
$400, and other fixtures and labor, a large amount. Once the place
was established, I took it over under the name of B. L. Hatton and
ran it. This proved a most effective blind into which the bit boot-
leggers, distillers, rum runners, their henchmen and the police
walked. Operations were very successful at the Chapel Street address
until word was passed out by Dennis O'Brien, a brother of Sergeant
O'Brien, of the vice squad, that we were Federal officers. This was
PROHIBITION ENFORCEMENT 55
about the time that Investigator D. D. Mayne was assigned to make
the big buys and conspiracy cases. At that time I was in Washing-
ton for a conference with the Chief of the Criminal Investigation
Division. In spite of this, Mayne was able to make five separate con-
spiracy cases, whicb the United States district attorney of the eastern
district of Virginia believes are air-tight. He has 10 other cases, for
sale or transportation, in the Federal court and six in the State court.
There are also several warrants that have been issued as a result of a
clean-up, which have not yet been served by the United States mar-
shal, but which should be served within the next few days, as those
for whom they were issued are beginning to show up again in their
usual haunts.
I confined my efforts principally to the clean-up of the police
department. It has been estimated that some 40 per cent of the
policemen in Norfolk were either crooked or very lax in the enforce-
ment of all laws. Some of these policemen, of course, just winked at
the law because they knew that their superiors were not any too prone
to enforce them themselves. Both the Federal prohibition law and
the State act, known as the Layman Act, were enforced against the
sailors and the poor civilian, who was caught with a pint bottle, but
the big operators had been left more or less alone. The graft situa-
tion was most grave ; the officers selling protection for as low as $2 a
week. Only one police precinct, the second one, was worked on to
any extent in investigation of graft, but the results obtained there
will give you some idea of what the rest of the department must
have been like. Six policemen were dismissed on evidence I gathered
from that one precinct alone, with three others placed on a year's
probation.
*******
BLOOD.
EXHIBIT J
NORFOLK, VA., May 11,
Mr. LEIGHTON H. BLOOD,
Room 3-213, Building C, Seventh and B Streets,
Washington, D. C.
MY DEAR MR. BLOOD: In reply to yours of the 7th instant I am
furnishing below statistics gathered by Miller in connection with
the recent " activity " at this point in which you were a central
figure :
Figuring in " short pints," which is the standard accepted by local
bootleggers in bottling their concoction, a total of 15,170 pints of
liquor ( ? ) were confiscated at Baltimore boats terminal from April
15 to May 5.
Arrests made on State and city offenses in violation of liquor laws
from April 30 to May 5, inclusive:
20 Layman Act cases Sent on to corporation court.
50 drunks $300 fines and costs.
23 drinking in public charges $1,138.45 fines and costs.
56 PROHIBITION ENFORCEMENT
The above doc? not include liquor confiscated and arrests made
and handled in Federal court.
I assure you it was a real pleasure to have had you and Mayne
with us even under the conditions which necessitated secretiveness,
and I believe the results secured will have a salutary effect upon both
the police division and organized bootleggery.
Major Truxton has been out of town for the past week, which ac-
counts for the delay in the letter of appreciation to General Andrews.
I am sure there will be ample praise for the manner in which you
acquitted yourself on this job incorporated in the communication
when it is forwarded.
With kind personal regards and trusting you will not neglect to
call upon me when you are again in this section, I am,
Yours very truly,
I. R. VANDERBERRT.
EXHIBIT K
UNITED STATES OF AMERICA.
Eastern, District of Virginia.
David D. Mayne, being duly sworn deposes and says that he is an
employee of the United States Treasury Department, Internal Rev-
enue Service, to wit, a prohibition investigator, and that while on
official visit he called at the office of the chief prohibition investigator,
October 11. at which time he was advised by Capt. W. E. Soltmann
that B. C. Sharpe, prohibition administrator of North Carolina, had
written a letter to Mr. D. H. Blair, Commissioner of Internal Rev-
enue, to the effect that the deponent had been operating an illicit
distillery in the vicinity of Elizabeth City. N. C. In part Sharpe's
letter stated that A. G. McDuffie, deputy administrator, had reported
to Mr. Sharpe that the deponent had visited him in Elizabeth City
and that deponent had said, " You boys played smash with us as we
had set up this distillery there and had moonshiners running it and
that the plant had cost the Government $1,000 (one thousand dol-
lars)." Tlvs letter further stated that A. G. McDufTie had sent
agents from Elizabeth City to South Mills to break up the still, that
the men had found the still running, and that upon approaching the
still some four or five men broke and ran. They made no arrests.
Prohibition Agent London, working under McDuffie, is the man who
conducted the raids.
The deponent swears that he nor any of his men have ever engaged
in the illicit manufacture of whisky and. furthermore, that he had no
distillery or any interest, financial, in South Mills. N. C.. and that
the man, agent, or Federal officer who made the statement that the
deponent or the Government engaged in the illicit manufacture of
whisky is a liar. Deponent has always conducted himself as a
gentleman, does not find it necessary to evade the law or openly break
the law for a livelihood, and as an explanation of the Elizabeth City
affair states as follows:
That on or about September 17. accompanied by Investigator
Hoover and Informer Darden, he visited Elizabeth City for the pur-
pose of interviewing Biddie Crank, his informer there, traveling by
PROHIBITION ENFORCEMENT 57
auto via Suffolk, Edenton, and into Elizabeth City, arriving there
at about 10 p. m., interviewed Crank, and learned from him that
the plans of deponent and United States Attorney Paul W. Kear had
been upset by Federal officers operating under the orders of Deputy
Administrator A. G. McDuffie, of Fayetteville, N. C., under Prohibi-
tion Administrator B. C. Sharpe. His plans had been as follows : It-
being a known fact to the office of the chief prohibition investigator
that deponent and men were conducting a secret investigation of a
confidential nature on certain county, State, and Federal prohibi-
tion enforcement officers, both in Virginia and North Carolina, for
the purpose of determining whether or not they were conspiring with
distillers and bootleggers in the manufacture, sale, and possession
of whisky.
South Mills, N. C., is the center of illicit distilleries. A short time
prior to the 17th every distillery in South Mills had shut down,
having been tipped off by Federal Officer William Morrisette and
other officers working with him that the deponent and his assistants
were endeavoring to cause their arrest together with officers who were
backing them up and permitting them to violate the law. Deponent
made every effort, which is known to the United States Attorney
Paul W. Kerr, to cause one or two distillers in South Mills to resume
their former activities for the best interest of the service, which if
properly worked out would have caused the above-referred-to officers
to return to South Mills and resume their activities, working with
moonshiners. These officers favored Bump Cartwright and Bill
Culloms. accepting at various times money from both these men at
the rate of about 50 cents per gallon for their individual output of
illicit whisky. In order for deponent to apprehend these men and
place an investigator there other than himself in a position to actu-
ally see liquor transactions between officers and distillers, it was
therefore necessary for one or two distillers who were well known to
the Federal, State, and count}' officers to resume their former activi-
ties. Therefore. Arthur Lewis, a negro who is Bump Cartwright's
chief distiller, was approached by deponent, and he agreed to work
as an informer for deponent, and he further agreed to cause Bump
Cartwright and Culloms to resume operations of their respective
stills, also promising deponent that he, Albert Lewis, would cause
Federal Officer Morrisette, State Officers Chase, Wilson, Ronick, and
several county officers to grant protection on the road through his
employer. Bump Cartwright. Operations in South Mills had hardly
begun when, on the 15th of September, and the 16th, Federal Prohi-
bition Agent London and another agent unknown to the deponent,
went into South Mills and endeavored to seize several illicit distil-
leries. Deponent learned of this and as a result made a trip to Eliza-
beth City, talking with Mr. London in his room, No. 101, at the
Southern Hotel. Elizabeth City, at about 10 o'clock on the night of
the 17th, explaining deponent's activities in part to him, saying that
the Government was investigating conditions in South Mills and
that in order to assist deponent's office Mr. London would be favoring
deponent greatly if he would refrain from any further activities in
58 PROHIBITION ENFORCEMENT
South Mills until advised by deponent. (Taylor, a distiller of South
Mills, known to deponent, was seated with London in his room at
the hotel when deponent arrived with Investigator Hoover and In-
formers Darden and Crank. Business unknown to deponent.) Lon-
don disclaimed any knowledge of any orders having been received by
McDuffie prior to his visit to South Mills to stay out of there for a
period of two weeks.
Deponent had requested Prohibition Agent Snell, also working
under McDuffie and reported to be in charge of operations in Eliza-
beth City and vicinity, a week or more prior to London's raid, to
refrain from entering South Mills for the purpose of breaking up
distilleries there until prohibition investigators had finished their
work. Snell had agreed to report in detail to McDuffie and to the
United States attorney, Mr. Tucker, that investigators* were working
as a reason for his withdrawal from South Mills. At about 11
o'clock on the 17th deponent called McDuffie on the telephone at
Favetteville, N. C., requesting him to come to Elizabeth City for
an interview. After some arguing, McDuffie agreed. On the morn-
ing of the 18th, at between 11 and 12 o clock noon, deponent inter-
viewed A. G. McDuffie in Agent London's room at the Southern
Hotel and explained, as herein stated, that investigators were work-
ing in South Mills. The investigation being of a confidential nature,
the deponent did not explain everything to McDuffie in detail, be-
lieving it best that he did not. Deponent told McDuffie that London's
activities had ruined investigators' plans for the present at least;
that it would take at least two weeks more to regain the confidence
of Arthur Lewis and he in turn to regain the confidence of his
employers so that they would again resume activities. At no time
in deponent's conversation did he state, say, or insinuate that he or
his men or any member of the Federal force were engaged in the
illicit manufacture of whisky, but he did say that he was using as
informers men who were engaged, and had been engaged, but that
the only one who knew the deponent as an investigator was Arthur
Lewis and the distiller, Arthur Lewis's employer, was working and
assisting the Treasury Department without personal knowledge.
It would seem to the deponent that a man of the intelligence
or supposed intelligence of Mr. B. C. Sharpe, prohibition adminis-
trator of North Carolina, would have reasoning power enough to
know that no man as a Federal employee would openly engage in the
illicit manufacture of whisky.
In deponent's conversation or interview with Mr. London. Mr.
London claimed personal knowledge of Federal Agent Morrisette's
activities, saying that he knew him well and that Mr. Morrisette
and he were planning to conduct a series of raids in the Hidden
City district, East Lake, N. C., giving the deponent an impression
that like Morrisette, Agent London may have erred in the perform-
ance of his duties in the past, as no man could possibly work with
or know Morrisette personally without knowing that he was wrong.
Deponent took this matter up with McDuffie. McDuffie seemed
pleased at the result of the interview, requesting deponent's per-
missi on to correspond with the office of chief prohibition investigator
PROHIBITION ENFORCEMENT 59
for the purpose of having deponent and assistants do some work in
his territory of the same nature that deponent is engaged in at
present.
DAVID D. MATNE,
Prohibition Investigator.
STATE VIRGINIA,
County Norfolk.
Sworn to and subscribed to before me, a notary public in and for
the above county, in my office, on the 12th day of October, 1926.
HARRIET TAYLOR,
. Notary Public.
My commission expires 2-14^29.
EXHIBIT L
BALTIMORE, MD., November 7, 1926.
Capt. W. E. SOLTMANN,
Office of the Chief Prohibition Investigator,
Washington, D. C.
DEAR SIR: I am in receipt of your letter of the 28th, in which
you requested me to give you an explanation of the causes of Major
Fulwiller's letter to your office! I have the honor to report as fol-
lows: That I have not corresponded with Major Fulwiller on the
Morrisette complaint, and have never given any other man working
with me or any other person authority to use my name in connection
with any matter referred to in your letter, or in Major Fulwiller's
letter to you, of recent date.
I furthermore deny as having told his agents that they had
broken up a distillery owned or run by myself. Maj. Paul W. Kear,
the United States attorney for the eastern district of Virginia, has
all the information as to this affair, which is as follows : I employed
the services of Frank Barnes as an informer, also employed Slim
Games (colored) as an informer. Barnes had the reputation of
being a distiller and a bootlegger. He professed to be out of the
game, having been too closely watched by Jack Foreman, a county
officer, who by the way is an honest one. He, Frank Barnes, told
me that he wanted to get out of Norfolk and to stay out, and agreed
to assist me temporarily in securing evidence against " Jap " Miller
and Grimes, both of whom are county officers (deputy sheriffs).
Barnes offered to take Slim Games, who knows both of the above-
named officers, and to set up a distillery for the purpose of obtaining
evidence, but promised not to manufacture any distilled spirits — in
other words, to set up a fake plant in order that the officers in ques-
tion would look him up, after which he was to work an investigator
into the game. (I had planned to use Investigator Picchione on
this job.) Barnes did his part. He furthermore let it be known
that he was trying to get set up again and let the officers know that
he had, which he testified to before the United States attorney.
County Officer Foreman, learning that his still was being set up again,
made plans to capture it.
S. Doc. 198, 69-2 5
60 PROHIBITION ENFORCEMENT
Prohibition Agent Griffin, who is thoroughly reliable, one of Ful-
willer's men who has given me much valuable information as to
Morrisette's activities with county officers, was familiar with the case,
he being the only officer in whom I could place any confidence, and
vit so happened that Forman called on him to make the seizure,
which he did, reporting the incident to me at once while I was in the
United States attorney's office. Barnes made a statement before
Major Kear personally, witnessed by Prohibition Agent Griffin.
Major Kear was satisfied at the outcome of the affair.
Barnes was not and had not manufactured any liquor, and had no
mash fit to run liquor with, as Griffin will testify to if requested.
Fulwiller seemingly has tried to remove Griffin for some time, having
succeeded in removing Griffin's father from his force, Griffin having
gotten into a gun fight in self-defense on one or two occasions.
Major Kear held Barnes at my request for the grand jury, it
seeming to me at that time that Barnes could be of more service to
me if the county officers thought him to be in trouble. Major Kear
can and will, I am sure, substantiate any remarks I have made re-
garding the matter.
As to Major Fulwiller 's letter or the part of which which refers to
the Elizabeth City affair, you now have my affidavit on that incident
as to the details. I will, however, deny again that I have, or that any
man or investigator working with me or for the United States Treas-
ury Department, Internal Revenue Service, has operated or caused to
be operated a still or stills in or about Elizabeth City, N. C. I fur-
thermore deny as having said " that we have got old man Fulwiller
with one foot in the ocean, where he can not touch land with the other
one." I did say, however, in reply to questions as to why it were not
advisable for McDuffie to have Agent Morrisette work on East Lake
with his Agent London that I could expect no cooperation from
Morrisette, naming as my reasons that Morrisette was too closely
associated with South Mills, N. C., distillers — namely, Bump Cart-
right and Bill Culloms. I would not have told him this but for
the fact that he himself suggested that the investigation be extended
with sufficient time to complete same into North Carolina. I further-
more said that Major Fulwiller should, if he did not already know
that Morrisette was wrong. All of this was said to McDuffie confi-
dentially, with his promise to me that it would be held strictly confi-
dential. I had to tell him something, it being absolutely necessary
at that time that he should know enough to be convinced that I,
together with the investigators assigned with me, were on the level
about the thing. '
MARCH 3, 1926.
Mr. J. W. HOUGH,
No. 8 Arcade Building, Norfolk, Va.
MY DEAR MR. HOUGH: This will introduce Investigator B. L.
Hatton, who is being sent to you to handle the situation, as out-
lined in your letter of February 25. After you have assigned your
men to him to assist in handling the situation, Investigator Hatton
will proceed with his investigation, reporting to you and keeping
you advised of developments.
PROHIBITION ENFORCEMENT 61
Investigator Hatton will explain certain matters to you regarding
himself, showing you his accredited credentials from this depart-
ment, etc. After this case has progressed to the point where court
action is considered feasible and desirable, this office is to give its
approval before our man is brought into court, due to the case being
cracked.
We trust this general preliminary line-up meets with your full
approval and feel certain that you will find Investigator Hatton
fully qualified to handle the situation to you best interests.
Very truly yours,
WALTER E. SOLTMANN,
Head, Criminal Investigation Division*
MARCH 3, 1926,
MY DEAR HATTON: You are hereby ordered to Norfolk, Va., to
handle a local condition in that city, which will eventually involve
prosecution and court cases. You will report to J. W. Hough, 8
Arcade Building, for instructions. He is to place additional help
under your direction for this work.
Keep us advised as to the developments of this case, your judg-
ment of the various people involved, particularly the district attor-
ney in whose jurisdiction this case will be prosecuted. Under the
present program you are to carry the situation through to a success-
ful conclusion, including the court case, etc., but do not make your
final knock-off until you have consulted with this office, particularly
with Mr. Simonton, as to the legal aspects of the situation.
Do not hesitate to call on us for help at any time you may con-
sider it necessary.
W. E. S.
NEW VICTORIA, March 4,
Mr. W. E. SOLTMANN,
Head, Criminal Investigation Division,
Prohibition Unit, Washington, D. C.
DEAR SIR : The city manager, who took over last fall, has tried t\>
clean up the town, but the cops won't let him. He is no ardent pro.
hibitionist, but does take his oath seriously. The police have beeir
going wild so long and making so much money that they are just
laughing up their sleeves, and the best people of the town, of the
type of Hough, were appealed to by the city manager and asked tu
cooperate. They did, and told him to shoot the works.
This is the layout. An ex-city detective named Dickens, who
handled all murders, arson, and safe-blowing cases, and a bright
chap, with a son also a cop, was put on the job. Dickens quit two
years ago rather than squeal on his grafting cohorts in the detective
bureau. As is usual in such cases, they let him down, and since then
they have jointed some other honest cops, and Dickens feels it is
about time the higher-ups were caught.
Dickens has some good information and a great set-in. The cops
think he is bootlegging. He has passed the word that he intends to
as soon as a friend from his old home town, Tarboro, N. C.,. comes in*
I am the old friend.
62 PROHIBITION ENFORCEMENT
The city of Norfolk is paying him, and they are also going to
establish us in a pool-room speak-easy in the nigger district. In
that way we can pay the cops and the higher-ups to peddle moon-
shine. Jam them for conspiracy. They want the cops first. We will
buy, stand for a shakedown, and cache away as much of the evidence
as possible; close our place at 8 p. m., and make buys around town.
The city of Norfolk pays for the pool room, equipment, and help.
The city manager can't trust the police, and he wanted the Govern-
ment to run the show. He also wanted an outsider as a witness in
case the defense in court was that Dickens was trying to pay off old
grudges in the police department. If we are successful, he will
reorganize the department, and I have a hunch that Dickenson, or
Vanderberry, the executive secretary, will be the new chief, so they
sure will work hard on this.
I am to be Dickens's partner in the pool-room blind tiger. The
cops will see him, and he will send them along to me as the bank-
roll man. It will be a case of coming up to Washington before the
kick-off. We can bank on 100 per cent from the city manager, who
will can the chief of police and as many cops as we can land. It's
not going to be soft, but by playing the game carefully I think the
job can be done. Send any mail for me to Hough. He will get it
to me somehow. This bunch of cops have been in the game so long
we will have to be careful, so I am moving to some cheap lodging
house to-morrow. HaA^e turned my TIR'S and pocket commission
over to the executive of the city manager who has put it in the safe.
Nothing about to identify me. This looks to-night as one hell of a
big case, and before it is over I may yell for help. Dickens is an old-
timer, and they all want the job done as you outlined.
I'll keep you informed of movements. Will have to watch my step
every minute, for they are wise Hombres here. But I think I can
pull it off if anyone can, and I hope so, anyhow. Write me, plain
envelopes, care Hough.
My best,
(Signed) BLOOD.
NORFOLK, VA., March 7th, 1926.
NOKFOLK SITUATION
GENERAL
Since my arrival here on Thursday I have had a very good chance
to look this city over. It is what is commonly known as a wide-open
town. The real reason for this is the situation in the police depart-
ment. Not all of the policemen are wrong but certain key men are,
and that has led to more or less of a universal break-down on the
force. It is this condition that the city manager, Truxton, wants
remedied. If that can be stopped (the grafting) then the city will
dry up, for the honest policemen will then do their stuff.
Norfolk, although a seaport, is a corn whisky drinking town. I
have met so many bootleggers since I went on the job here that if it
hadn't been for the man assigned me by the city I would be a week
putting down and remembering their names. Houses of ill-fame
abound and all sell whisky. Just as an example of how bad things
PKOHIBITION ENFORCEMENT 63
have gone here is the fact that the Navy has ships' police stationed
in front of certain houses of ill-fame to keep the enlisted men out.
Like the days in the A. E. F. when the M. P.'s were placed in front
of such resorts. And those places are not on side streets but right
out on main traveled streets down town.
As things are no"w I have a great set-in and every prospect of
success. This will be a long job, but one that will pay. Before it is
over I will need help. Probably not here, but in Baltimore, and on
tracing the Saturday shipments of liquor from Baltimore by boat
to Norfolk. A great deal of the whisky sold here comes from Balti-
more and I have already, through Dickens, who is working with me,
met one of the gang who is now in town, that handles the Baltimore
end. He is a Norfolk chap. I think that in this case we will be
able to knock-off the Baltimore end as well. That will have to be
done at the same time we hit Norfolk.
There are certain legal angles to the case which I will take up first.
Then I will go into the situation as I did on Seattle and the Pacific
Northwest. I have hired a typwriter and from now on will keep
you posted as to progress. We will be fought every inch of the way
after the arrests, and, therefore, Dickens and myself are taking every
precaution. I am living at his house, and we are together at all
times. We want no framing before or after and we are not leaving
any bridges to be burned. We know it will be a fight, and we are
both keeping minute diaries of all that is going on and will add to
them by these reports to you, a duplicate of which will go to the city
manager, for the city of Norfolk is paying half the freight on thfs
matter.
LEGAL ANGLES
Will you please consult with Mr. Simonton at once and let me
know just how far we can carry on with the joint that Dickens and
I will open this coming week? Here are the facts for his perusal
and so he will know what it is all about. We are going to open up a
pool room in the nigger belt of town or lease one for which we are
now negotiating. This, the wholesalers in the game believe, will be
our blind for big operations. The city of Norfolk will pay for the
pool room and its operations. We know that as soon as we open up
that the police will come around and shake us down. Not the plain
cop, who, of course, will get his $5, but captains and members of the
vice and liquor squad and perhaps some of our own prohibition
people. The higher up the more money we will have to expend
for graft.
A nigger will be hired to run the place. We are going to put in
a bar at the end and get ready as if we expected to do a big business.
If the job drags along a couple of months it may be necessary to
have this nigger sell some whisky, or even myself, for if we buy
whisky from the wholesalers and don't sell any it will look funny.
I want to know just how far we can go with this. I am going to be
on the job with Dickens in the place. We won't do any selling for a
eouple of weeks or more anyway. The city manager is going to put
back one grafting sergeant on the street, who they now have inside,
and arrange to have this place raided that we will be operating.
This will give the cops a chance to put the bee on us.
64 PROHIBITION ENFORCEMENT
As the city of Norfolk will be paying for the pool room, which will
amount to about $80 a month at least for rent alone, I told them that
I would pay off the cops and buy the liquor. We can jam the cops
for conspiracy in this way. But what I want to know is how far you
want me to go. We won't keep our liquor here, but will move it to a
strong vault in the home of Mr. Hough.
Another thing is this, although looking ahead quite a .bit. It is
the custom here for the lawyers in liquor cases to try and fix cases
after the knock-off. Pay out of hand in cash. I want Mr. Simonton
to give me the low-down on making a case that will stick against
some of these lawyers. I know of one case right now where a lawyer
has offered a policeman c; from fifty to a hundred dollars and a good
party."
PERSONALITIES
The city manager took over last September. He is a former officer
of the State guard, and from all I hear knows his job. He found
that things were rotten in Denmark and has been trying to clean
things up. They have been changing chiefs of police here every
couple of years, and the chief has usually been the goat. This time
Trunton wanted to either clean things up, if they could be proved to
be wrong, or find out just what was at the bottom of things. That is
why Washington was appealed to.
HENRY DICKENS
Dickens, who is assigned by the city manager to work with me,
was for 10 years a detective, handling felony cases such as murder,
arson, etc. He knows his book and his Norfolk and the crooks are
still afraid of him. He quit two years ago rather than squeal.
Since then he has decided to help clean things up and laid the
ground work. I come into the picture as a boyhood friend of his
from Tarboro, N. C. He and I will be partners in this bootlegging
business and the cops will come to him, for they know him and he
will refer them to me as his money man and partner. In that way
we can jam them right, and both of us be in on the deals. They
will not be afraid to do business with him. He has introduced me
around as his new partner, and set me in with the various bootleggers
and cops. They all know that we are about to start business, and
shoot a couple of thousand to see how we can make out. Two dif-
ferent bootleggers have taken me to one side and told me that I
can't go wrong by going into their game with a partner like Dickens,
who knows the ropes from the cops' angle. I think it's a pretty
layout.
j. D. HOUGH
Mr. Hough is a substantial business man of the community and
has been active in the work of the Anti- Saloon League, but does
appear to me to be any wild-eyed fanatic. He knows what condi-
tions are and that the trouble seems to lay in the police department
first and general laxity of police enforcement of the State prohibi-
tion law. He knows the city is wetter than most communities and
he wants it dried up. The town has only been hit once, and then
by the late agent Ascher. Hough is giving every cooperation.
PROHIBITION ENFORCEMENT 65
PLAN OF OPERATION
The present plan of operation is as follows:
Dickens and myself open up this joint on Chapel Street and buy
whisky. It will cost^about $30 a buy. The stuff will be labeled and
stored in the vault of Mr. Hough. Of course, we are not idle as
to other cases. We are making pint and half-pint buys already
and getting the stuff for a general raid on all the joints that we
can make.
After we have been open a few days the joint will be raided. It
is after that when we expect the social and material visits of the
police. We will pay off. That is, I will pay off. And we will con-
tinue to pay until we rope as many cops as we can. We will pay
for one thing — to be allowed to sell whisky.
We will make the Baltimore connection which I will deal with
more fully, and it would best be handled by our office as the informa-
tion here is that they are paying the prohibition agents. We can put
a man to follow a couple of shipments, see the officers of the boats
paid off, and then we can libel the boats when it's over. We also
should be able to land the still.
My idea is to get the cops first. Then spend a few days making
pint and half pint buys, come to Washington, and get my warrants
made out and then come back and kick the town wide open and take
it apart. We can use the honest cops for that. Fill their jail house
here to the doors and let them know that the country really voted
dry once. I knoAv that the real people of the town want it done,
ancl the Navy and Army sure do, and witness the provost squads
in town. What the town needs is a cleaning up and I think that
we are in a fair way of doing the job.
I think after we get going that it would be a good idea to start a
bank account here and pay off by check. The canceled checks would
be good evidence. We may not be able to pay off the big fellow but
the bootleggers and the small fry will take checks. If this is done
I think about $500 would be enough for my needs. This is not going
to be a cheap job, but I think we can get a long* ways. The fines
should be 1,000 per cent more than we spend.
BALTIMORE END
For your information now and to have on file when I get more
on this mob, the Baltimore crowd which ships in 1,000 gallons of corn
whisky a week on the Old Bay Line and the Chesapeake Steamship
Co. is headed by a man named Kelly. He has a partner, but a small
timer, named "Rabbit" Fulford. Fulford is in town now and I
have met him. The prohibition mob in Baltimore know all about
this crowd but they are supposed to be getting theirs. Wnen we get
going we will buy from them and get this end. That will be a few
weeks from now and we can have one of our men work the other
end and kick both off at once. They ship in here in tin cans and
you can well imagine what kind of booze it is. They also send it
down by automobile at times, putting the cars on the boat. Dickens
and I have bought from Snow, who trucks their stuff here. He de-
livers to garages and joints and they work it out from there on tele-
phone calls, etc., to whore houses and the like. The fact that they
66 PROHIBITION ENFORCEMENT
disposes of 1,000 gallons a week here shows how big the plant must be
at the Baltimore end, and how much some one is getting to allow them
to operate. We can get enough information at this end, I believe,
to set in a man from our office so that he can make the Baltimore
case, which should be a good one.
GENERAL
Dickens has taken me around to about all the dumps in town and
introduced me as his new partner and an old boyhood pal of his
from Tarboro, N. C. I'm not talking much, and no one yet seems to
have gotten my New England twang. Opening in the nigger belt
makes it look as if we were going in big. Dickens has a son who is a
motorcycle man on the police force, and he was there so many years
that everyone in town knows him, and all the cops are telling around
now that he is bootlegging. That makes it good for us.
On Friday we dropped into a big saloon in the nigger belt oper-
ated by a white man. He knew that we were about to open up and
gave us all the tips that he could. During the conversation he stated
that it had cost him $15,000 to run last year. This included police
graft and lawyers fees and the fixing of cases. He had just that
day " squared " a case, which cost him $500. That was State and
not Federal.
We have been in several houses of ill fame, all of which serve
whisky for 50 cents a drink, although the bars sell at 25 cents. Most
of the booze, however, is sold by the bottle. Unlike most cities this
town is dead at night. The places close early, and everything is by
the bottle save in joints operated by the big fellows, who are paying
their $125 a week to run. We intend to close this joint of ours about
8 p. m. and spend the evenings batting around and keeping in touch
with the bootleggers and bottle men. The booze here is about one
grade higher than W^est Point, so you can see what it is like. It
would make an ardent prohibitionist out of the worst rummie that
ever lived.
The way things, are heading now I feel sure that we are going to
be successful. Of course, there may be a slip, but I don't think so.
Dickens and myself are taking every precaution and watching our
step. We know that it will be a fight when it's over, and we are
preparing for it. I have moved to his own house so that there will
be no frame on me or on him, and we keep together.
I have bought some stickers, and we will label all our buys, date
them, and initial them. You might also send down some of the offi-
cial stickers used by prohibition agents, and both can be slapped on
the jugs when we get going. We are going to spend some money,
but I feel sure that it's going to be well worth the while of the de-
partment. If the cops are cleaned up, then the honest policemen will
enforce the law. I am laying the wires for the police first, and after
I have that evidence I'll get the bottle men, the drug stores, and the
joints. We are making buys now on that angle but only to get in
and get known. When we start the joint any fear that any of them
may have now will be gone. They will figure that we really are in
the business.
PROHIBITION ENFORCEMENT 67
I am going to keep these reports coming in. In that way you
will know how the battle progresses, and you can keep in touch with
me. Living with Dickens makes it possible to have a typewriter
and for us to keep our diaries up to date and in a place where no one
can frisk. From time to time I'll call upon you for legal advice, for
we don't want to jam this in any way. You can write me direct to
Dickens's home. The address is 306 East Indian Kiver Koad, Nor-
folk, Va. Use the name Hatton.
If you wire me, use my code. I don't know whether the Western
Union puts blue Government stars on their wires, but having them
come to Dickens's house, where I now am, I don't think it would
arouse suspicion.
Re that West Point case. Buckner's office is trying to pull their
chestnuts out of the fire because they made out the search warrant
wrong. Reiner has enough on him to go away on, and he is good
for from 10 to 20 years in the Army pen. I don't see why we should
do the work that Buckner's office slipped up on. They have Army
regulations to fall back on. Those regulations stand in a Federal
court.
Hope this all meets with approval. Glad to be working alone
again, and with a damn good man to help me. My best.
Respectfully submitted.
(Signed) LEIGHTON H. BLOOD.
MARCH 9, 1926.
W. E. SOLTMANN,
Washington, D. C.
DEAR SIR: There have been several developments in the Norfolk
situation since my report to you mailed Sunday. Herewith you will
find them. This is a ticklish situation here, and I do not want it
to flop through any fault of mine. I don't think that it will, but
I want to play safety first throughout this investigation.
As yet Dickens and myself have not set up our joint. We have
been stalled off by the negro who owns the pool parlor that we are
trying to lease. Like all colored gents, he is holding out because
white folks want his property. We are to have a decision from him
to-morrow, Wednesday. I think that he will come through and let
us have the place. We have offered him $30 a week for the place
which will include his services to run the pool tables.
We have another alternative in this matter. A couple of doors
away is a stable, now used by one Dick Dargon, a convicted boot-
legger, who will be coming up again in May in the Federal court for
sentence. He wants Dickens and myself to go in with him and fit up
a joint in the stable. This can be done and we have decided to play
with him if the nigger who owns the pool room will not play ball
to-morrow. It will be a good blind for no one would suspect us if
we went in business with a convicted bootlegger.
Dickens and I had a long talk with him yesterday. " Those that
you can't fix on the police force, I can," he told Dickens. He then
proceeded to name off various detectives whom he is paying. The
only one that he was not paying direct was Captain Moore, head of
the vice squad, but he is paying Moore, he alleges, through another
man, and has seen Moore take the envelope with the money. He
S. Doc. 198, 69-2 6
88 PROHIBITION ENFORCEMENT
Harry Duke, a negro bootlegger who operates on a big scale close
to where we are, told Dickens that we could pay off Sergeant Sykes.
Dickens had thought that Sykes was one of the few honest
policemen. Duke said that he was paying $25 a week and that Sykes
would come around and do business with us. Sykes, he said, had
told him to "see us" about this. Sykes hasn't been around for
money yet, but he searched the dump yesterday morning while
Dickens and myself were down at the bank. It was a phony search,,
and Sykes had Policeman Fentress with him. The negro bartender
said that Sykes just walked back, leaned on the bar, and asked what
we had back: there. The whisky, of course, had been dumped.
Friday night Policemen Lang and English came in. They stood
at the bar and had drinks with me. I was introduced to them by
Darden. Darden says that they asked him for $2 a week apiece.
They didn't proposition me. I am still a stranger to them, save for
the drinks I had with them and the introduction by Darden that I
was one of the partners. They were back again last night. The
big boys haven't hit us yet. They will, and I won't be surprised if
they take me down and introduce me to their jail. All of which will
help the game. I'd like to have you drop down and look the place
over before the kick-off. It would give you a kick. Come down at
night, drop in, and have a shot of moonshine, and you can get back
to Washington .in five hours. You might shoot in McDonald, or
whoever is to work with me, at any time. I want to set him in, and
that may take a couple of weeks. He will have to get the confidence
of the booties, but I think I can set him without any trouble. He
might also line up the Baltimore end. Later, at the last moment,
he might need another man as witness. That's about all; I'll send
in my monthly reports to-morrow. My best to everyone.
BLOOD.
NORFOLK, VA., April 12, 1926.
Mr. WALTER E. SOLTMANN, Washington^ D. O.
DEAR SIR : Here is the way things stand to-day :
On Saturday " Speed " Fentress, a big operator, refused to sell
Darden a five-gallon "jimmy" of corn, saying that Dennis O'Brienr
brother of Sergt. " Dutch " O'Brien of the police department, had
told him that I was a Federal agent. I had made a buy, some weeks
ago, from Fentress. This information seemed to be general among
the big boys. We later in the day made a five-gallon buy from a
bootlegger named Raby, who hails from New York, although he has
been operating here for about three years. Saturday night he came
around the pool room, which was going full blast, and after having
a drink with me, told me that his " runner," " Shorty " Lee, had been
told by one of O'Brien's men not to sell us, as we were the law.
O'Brien's man, Katz, also gave the same information to Harry Duke,
the largest negro bootie. Harry said that if that were true then he
had 1,000 years ahead of him, but if I was a Federal agent so was he.
On Monday Duke told me that Sergeant Sykes would take a weekly
payment of $5, the first through Duke. I didn't pay that day and
Sykes paid us a visit, and told Dickens that he couldn't catch us
PROHIBITION ENFORCEMENT 89
but that he could visit us every hour and make the bartender dump
his stuff. We got in touch with Harry Duke and he said Sykes was
sore because we had promised to pay him and hadn't. The next
morning, Tuesday, Darden and myself took the $5 in an envelope
and delivered it to Duke. We didn't see Sykes again until Satur-
day. Saturday morning Duke brought back the $5 and said that
Sykes had sent him. That noon Sykes, with Patrolman Shannon,
raided the old Bama next door. He pulled a real raid and searched
for nearly two hours. He got nothing, of course. You can judge
from that line up that some sort of tip was out. Why did Sykes hold
that five for nearly a week, send it back, and raid a few hours later ?
The other day, when I sent the wire for a man it was at Colonel
Borland's suggestion. He gave. me the impression that this was the
opinion of the city manager. At a conference yesterday afternoon
Major Truxtun said that was the first he knew about it. It is my
belief that Borland would like to have the investigation terminated
now, before more of his cops fall under the hammer. It's a reflection
upon him and his method of running the department.
Last Wednesday, when I had the conference with him, Dickens
suggested that Lieutenant White knock off Dennis O'Brien's stuff on
the Baltimore boats. Borland thought it a good plan until he was
leaving and then said he wanted to think it over. Dickens that night
told Vanderberry about it and the result was that the city manager
ordered White to raid the boats. When he arrived the next morning
at the dock he found Captain Moore and his whole vice squad there.
The next morning Moore's men grabbed some stuff, but 'twasnt
O'Briens. White was at the boat, as was the traffic squad. Major
Truxtun was also present. Some stuff was landed. We found out
later that the morning that the boats were first hit the stuff was
placed down below in the hold, taken over to Portsmouth, and
brought back on the boat after everything was clear. Now Major
Truxtun is putting another officer on the job to hit the boats. He
thinks that Lieutenant White is pulling a double cross. White may
be, also Borland and Chief Ironmonger.
It was decided at the conference yesterday afternoon, that the police
continue to hit the boats, under the direction of Major Truxtun.
We all want to know7 who is pulling the double cross and one way
to find put will be by you having men supply information as to the
stuff going aboard at Baltimore and also at Washington. The ship-
ments due in this morning were to come on the Washington boat.
When our men see the stuff go on board they can wire Major Truxtun
and he can see if his men really are in earnest about getting the stuff.
That will help make a Federal case at this end and a man watching
at the other will see the stuff go on board, and what members of the
crew are in on the deal. If the stuff lands here with White, Iron-
monger, and others allowing it to go ashore we can come pretty well
knowing who is leaking. Because too many code telegrams coming
to me might excite suspicion, will you please send the wires direct
to Major Truxton. His full name and address are : I. Walke Trux-
tun, 803 Graydon Avenue, Norfolk.
Use my old reverse code in five letters that you have just changed.
I will give him the key. It is an easy one to become accustomed to.
70 PROHIBITION ENFORCEMENT
opening the "joint" and making purchases, you will undoubtedly
be approached for graft. You will, of course, want, in advance, to
ascertain the rates paid by others. Admissions may thus be obtained
as to past transaction both from the grafter and other bootleggers
which, when the " knock-off " is made would justify their arrest, and
one or the other, if the situation looks serious, will run for cover.-
Another practical reason why you should not violate the law
yourself by selling or bribing is this : The " joint " proposition is
dangerous from any angle. Asher opened " Uncle Sams Place " in
Peoria, 111., and while the cases thus made never came to trial because
of his death, nevertheless he was indicted by the local courts and
severely denounced by one State judge. If the Federal courts in
Norfolk should also not readily take to the idea, and it should
develop that you had sold whisky and bribed the police, it would
destroy all the good work you might otherwise have done.
Regarding preparation of the search warrants in Washington this
should be avoided. You state that you have a United States com-
missioner who is O. K. and who will issue the warrants. The
practice varies as to search warrants in different jurisdictions. A
search warrant may be good in Washington that would be worthless
in Norfolk. The United States commissioner there should be
familiar with all the " kinks " and be able to draw a hole-proof
warrant. You may also get help in this regard from the United
States attorney who will later have to take charge of the hearings.
The psychology of the situation also is that if someone else draws
the warrant, the commissioner is not averse to finding holes in it.
On the other hand if he, or the 'United States attorney or assistant,
draw the warrant he is prone to sustain the same.
If you are afraid of leaks and want the typewriting done in
Washington, you might have the commissioner or United States
attorney or assistant prepare one case and that can be used as a.
guide.
V. SIMONTON.
Chief Counsel, Chief Prohibition Investigator.
[Excerpt from communication from this office to Investigator Blood, dated March 10, 1926]
Mr. L. H. BLOOD, Investigator.
DEAR BLOOD : Your report, dated March 7, has received very close
attention by the various parties interested and gives us a good, concise
picture of the situation. Mr. Simonton has prepared a statement,
which is inclosed. He covers the point in which yon are interested
very thoroughly, and, as a result of a further discussion with him on
the matter, I realize that we must be careful how we use this pool-
room proposition. For the gathering of information, it is very im-
portant and good business — from the point of view of evidence/how-
ever, it is entirely different. Mr. Simonton feels that you should
carry this job along by gradually stocking it with liquor, and, at
the same time, gathering information. Read his statement very care-
fully and if there is anything doubtful about it, do not hesitate to
ask for a more complete story.
W. E. SOLTMANN,
Head, Criminal Investigation Division.
PROHIBITION ENFORCEMENT 71
MARCH 13, 1926.
Mr. W. E. SOLTMANN,
Office of the Chief Prohibition Investigator,
Washington, D. C.
DEAR SIR: We sta/t building our joint Monday. The negro pool
room that we were after fell through. The smoke wanted $1,000.
So we are going in with this convicted bootlegger, Dick Dardon, in
the stable where he is now bootlegging. No one will suspect us for
Dardon has been selling whiskey and running shady road houses
around this section for years. We are going to partition off the
stable and put in a pool room. We will sell no whisky but we expect
that the negroes employed there by Dardon will. Dardon will hire
and pay them. One of us will be on the job all the time. The city
manager is arranging to have hell raided out of us by detectives that
we know to be grafters. As I reported before, Officer Turner on the
beat has already suggested that we pay him off each week. I am
letting them do the suggesting. I know about e'ntrapment, as that is
the stock excuse in narcotic cases, and I handled plenty of them in
1922-23, and we lost none. At that time we ran into one United
States attorney, in Louisville, who tried to put over some phony
indictments in our cases, and we had to reindict in Bowling Green.
The suggestion that you shoot in the old-time noncom is a good
one. He can line up the Baltimore job. One bootlegger here, Dennis
O'Brien, brother of a police sergeant, took in $5,500 last week, but
paid out all but about $2,000 in graft, etc. His brother has been
going around town telling the bootleggers that Dickens is a Federal
officer. He has been ably assisted in that matter by Chief of Detec-
tives Penny. This came about through the recent appointment of
one Dickson, and also a former police officer as a narcotic agent.
They mixed up the two names. The bootleggers, however, don't
believe it and when we put in about $500 worth of improvements in
this old stable, starting Monday, it will lay all suspicion. I think the
Baltimore end can be worked by this man and he can also be of
assistance to me on other cases. Have him bring old clothes and
not be dressed up. Let me know when he is coming and we can rig
up a good story and I can set him in. Evm perhaps later give him a
job as a handy man in our nigger pool room.
I think that it would be a good idea to shoot that man right along.
Two witnesses are better than one at all times. When the Baltimore
angle gets hot, as it is sure to, some one can run out from Washington
and handle it. As soon as we get going here 111 tip you oil as to
who is collecting in the administrator's office up there. The boot-
leggers all talk, and we will ; but O'Brien and others who handle the
Baltimore whisky, the employees of the steamship line, etc., can be
watched by this man you send, and he can make two or three trips,
down with the stulf from Baltimore and see who pays and where the
load comes from. We know the boats and the delivery days. The
police here know it, but some of them are pretty rotten.
Mr. Vanderberry said the other night that he kept a record of the
police turnover here in the last 10 years, and it has been about 40 per
cent. The city manager has fired about 30 policemen since he took
office last September. The grafting cops are crude and make no
bones about it. When they are cleaned this city will take care of
72 PROHIBITION ENFORCEMENT
itself. Major Truntun, on reading my last report, disagreed on the
witness of this city and others in the State, and said that Richmond
was worse. He is probably right, but this is the wettest spot I've
ever been in outside of New York. All 25-cent corn whisky and the
whisky in the colored belt the best.
When you get this man ready to come down here let me know and
we will frame our story. Old Army pals, and all that sort of thing.
. I know if you say he is good he is good.
I appreciate your showing Dwight Davis my West Point report.
I guess I'm the only junior officer he knows in the Army. And if I do
the Army-Navy football publicity next summer as the A. G. has
asked, it won't hurt me to have Davis know about West Point.
General Sladen promised to have a notation made on the record in
the A. G.'s office, so I might rate something some day.
I'll keep a careful record of the $500 and use it only as graft pay-
ments and bootleggers' buys. This is a long job, but I feel sure that
it is going to be a successful one. Its looking better every day.
I'll keep you posted as events develop.
L. H. BLOOD.
MARCH 15, 1926.
Mr. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR: To-day we started in building our pool-room joint at
1221 Chapel Street, in the heart of the colored belt. I am on the
lease with R. Y. Dardon, the convicted bootlegger of whom I have
reported on heretofore. We have carpenters at work and are work-
ing ourselves. The day starts at 7.30 a. m. and when we quit at
night it means getting out and still doing pur stuff. No eight-hour
day on this job. Darden has shown us his " Bama " (cache), and
there was something more than 5 gallons of whisky in it this morn-
ing. And he is not by any means a big operator, but he is a good
blind for our purposes.
We should have the pool room going in a week's time or a little
more. In the meantime I have deposited the check for $500 and
will make my buys from that. I have told Dardon, as there are
three partners, which include Dickens, the city of Norfolk's man,
himself, and myself, that we will keep books and accurate accounts
of all expenditures. He seemed to think that this was a splendid
idea. A couple of hours later, after that had had time to seep in,
I told him that from now on when any whisky was bought that I
would pay for it and give a check. " In that way," I told him,
" we will know just how much is expended for whisky and how
much is costs." That, too, went over.
As a result of the advice from the legal division, Dickens and
myself have been at great pains to explain to everyone connected
with this new establishment of ours that we are not handling whisky
and do not intend to handle whisky. We have so told Dardon. If
he makes away with the whisky we buy and gives it to the colored
boy whom he will place behind the real bar that we are installing,
then that is his business. Dickens and myself will know nothing
about that. We have also explained to the colored help that we
PROHIBITION" ENFORCEMENT 73
are not handling whisky and that I am running a pool room and
that Dickens is interested in that with me and also the stable which
goes with it, and that we are not interested in the bootleg business
in any way, shape, or manner. We have even gone to the pains, in
talking with the plumber who puts in the bootleggers' sinks, a very
special job, as you know, that we want sinks that will dump a barrel
of water quickly. We talk of water and Coca Cola. I don't think
that we have left a loophole. In fact, I know that we have not.
Captain Moore, of the vice squad, who has already been mentioned
in these reports and whose brother is wanted on a fugitive warrant
from the United States court for moonshining, visited the place
last night. We were not - there, of course. He was looking for
Dickens. If they approach Dickens for money he will send them
to me. I'll let them do the works, and then pay off. I will not, of
course, violate the law and approach them first. I know my onions.
L. H. BLOOD.
MARCH IT, 1926.
Mr. WALTER E. SOLTMANN,
Washington, D. C.
DEAR SIR: Made my first big buy to-day. This was 5 gallons of
corn whisky for which I paid $27.50. It was purchased from
" Speed " Fentress, one of the biggest bootleggers and moonshiners
in business in this section of the country. I paid by check on the
Citizens Bank, the check being No. 1 of the special account of $500
that I am using for buys and any shake-downs that may come along.
I would suggest that I make a separate return on that money each
month. This check to-day was made out to " Cash " but will no
doubt be indorsed by Fentress or by his garage, which is more or
less a blind for his business. Fentress now knows me and knows
that I will be the one who will buy henceforth and the next time
I will make the check payable to him, if he doesn't object.
Dardon, the bootleg partner of ours, and myself, went to Fentress's
garage on the Virginia Beach Road, at 9.45 a. m. to-day, and there
saw him. Dardon said " How about that car of mine? Is it ready?
I need it badly this morning." He did need whisky badly for his
trade, as there was not a drop in his " Bama " (cache). There was
a legitimate customer in the place at the time, and Fentress with
another chap, were playing rummy. When the customer went out
Fentress said " I'll get that car of yours to you in half an hour."
Dardon and myself then returned to the stable that we are making
into a pool-room joint. Soon after we arrived there we noticed a
uniform policeman at the corner of Chapel Street and Princess Ann
Road. (Our place is on Chapel Street close to Princess Ann Road.)
The cop was talking with some civilian, who Dardon at first could
not see. This man later turned out to be a claim agent for the Vir-
ginia Light & Power Co., Dardon said. I asked Dardon about the
cop and after he looked him squarely as the officer turned around and
faced down Chapel Street toward us, said, " Oh. he is all right.
That's Hill. He is fixed. We don't need to be afraid of him."
Fentrees did not arrive until 11.50 a. m. and came in a big Cadillac
car. He uses four Cadillacs, a Chrysler, and a Packard touring in
his business so you can get some idea of how much he does. He
74 PROHIBITION ENFORCEMENT
drove into the stable and Dardon took the 5-gallon glass bottle,
such as spring water is bottled in and carried it to the office and then
passed it through the window to John Nimmo, the negro who sells
the stuff after it is bottled. He then asked me for the check, which
I had written while we were waiting and we went to the car where it
was passed by Dardon, in my presence, to Fentress. Dardon then
told him that I was the new partner and would hereafter buy the
stuff. I then walked away and Dardon talked a minute or two with
Fentress, who then backed out and drove off. Then Dardon and I
proceeded to the " Bama " in the house next door, poured the whisky
into gallon bottles and bottled 24 half pints (really 5 ounces). I
helped in this, and will have my samples, of course. These half
pints sell for 50 cents and there are 25 to the gallon. The jug
costs $27.50 and contains 5 gallons. The bootleg bottle dealer, of
whom I will deal with shortly, pays 50 cents for the 5-gallon bottle
and comes after it himself so your whisky really costs $27 a gallon.
I suggest that you keep Mr. Simonton informed as we go along on
this case, of just what I am doing. I went as far as helping bottle
and seeing the stuff placed in the " Bama." Of course I know that
it will be sold. I will have my samples, however. This is the only
way that the big boys here can be caught. They are a wise bunch
and as it is it will be a hard job and may slip. That matter will be
taken up further along. But as far as I will know, personally, no
whisky is sold and I will not carry any of it from the "Bama" to
the joint or handle a drop for sale other than check up with Darden,
in a book which he most kindly gave me for the purpose, the sales
each day. In that way I will know how much he has sold and what
it brings. Darden, I feel sure, will go "over the hill" when the fatal
hour arrives. He has been jammed twice and now out on bail. He
won't want to get in trouble again, or face the judge for the third
time. But just the same I want you to know what I am doing and
have the legal division know. Its a case of safety first with me. The
people here are all with the city manager, Major Truxtun, save the
grafting cops and the underworld. My opinion is that there will be
a grand rush to plead guilty but of course I may be mistaken.
Dickens, the city's man, was down town ordering the telephone
and bar for our joint when all this Fentress buy transpired. Im de-
pending more or less on my check for that, and a future buy, al-
though Fentress was around yesterday, and saw Dickens and watched
the workmen building the shack for about an hour.
Darden and myself went down town for lunch ; our place as I have
reported is in the heart of the colored belt, and after lunch we went
to a store in Monticello Avenue where the bootleggers buy bottles,
corks, labels, etc. It's wide open and this bird sure has some place.
He also has a big warehouse, Johnnie Walker bottles, with labels,
etc., to look like a hard night on Kum Kow and quick and wet land-
ing on the beach greet you as you enter the store. There were empty
bottles of every brand you can name in the store. This is the bird
who buys the empty 5-gallon glass bottles. We told him to come
after the empty and also bring a dozen half pints with corks. A
small bootlegger, a fresh kid, came in and placed an order for a
dozen while we were in the store. This bird evidently does a land-
office business. How can this bird be jammed, or can't he? Will
PBOHIBITION ENFORCEMENT 75
you give me the procedure in such a case? He is running so wide
open he must be keeping pretty well within the law, or else he has
plenty of protection. Can he be jammed for selling bottles or labels
of the regular brands of Scotch and rye ? Please give me the dope on
this. The cop on the beat, Turner, showed up for his morning's,
half pint at 8.20 a. *u. to-day. He was in the street twice later, and
the stable on his second trip, but I did not see him, drink anything
then. He did on his first. Went in the office, which we will tear
away tomorrow, and latched the door, after John Nimmo, the col-
ored gentleman of 67, who handles the stuff for Darden had given
him his bottle. Turner is on the pay roll and is the first copper so
far to ask for graft.
As I mentioned before there is a chance for a flop. Major Truxtun,
the city manager, besides letting in Vanderberry and Hough also has
told Colonel Borland, the director of public safety, Chief of Police
Ironmonger, and Lieutenant of Police White about this deal. Trux-
ton is sick at the present time. On the 15th I wrote you I had an
engagement to meet him that night, but because of his illness we went
to Mr. Vanderberry's house instead. Vanderberry is his right-hand
man and was chief clerk of police department for many years. As I
have reported before there has been talk around town about Dickens,
the city of Norfolk's man being a Federal officer. We have at last
traced that whole business down and thereby hangs the tale. It
seems that a month or more ago a pimp, " Cap " Holland, a discharged
D. J. operative who has been arrested here for forgery and an all-
round bad boy, saw Dickens go into Mr. Hough's office. This was
about the time the city put Dickens on the job. Dickens has a cousin
here who is about as tall as I am and he was waiting in the Arcade
Building and saw Dickens go into Hough's office and come out and
meet this cousin. He then ran to Captain Petty (I spelled his name
Penny in my last report; I don't always get the slurring southern
pronunciation, although they don't seem to take me from the North,
and I am getting away with a North Carolina birthplace), chief
of detectives, and told him that he had seen Dickens in Hough's office.
Petty is keeping Holland's wife. She, too, is employed by the city
and has been told by Major Truxton to cut out her affair with Petty.
Petty is a grafter and uses Holland as his collector, splitting with
him. Then Petty spends his share on Mrs. Holland and has bought
her $22,000 apartment house, so the Holland's get the graft coming
and going. Petty evidently kept this back in his mind and when he
heard that Dickens was opening a joint with a little chap, he put two
and two together, and thought that the Anti- Saloon League had hired
Dickens to get the goods on the police.
Petty then tipped off "Pop" Belvin, a big joint man and also,
sent word around to the various bootleggers. Some by phone, I
presume, and by sending this pimp Holland. The whole under-
world knows just who has been jammed by this prohibition man that
has been in here with a stool and I'll bet. through this man Holland
and Kerr. By the way, that bunch have not kicked off yet. What's
the matter? The longer they hang fire the longer this job will be
for us. As I said before the tip went out. Sergeant O'Brien and
Captain Moore of the vice squad also had the same tip. Every indi-
cation that we can get, and we are hanging with the bootleggers, is-
76 PROHIBITION ENFORCEMENT
that the tip went out but that it is only a surmise and now that they
see that they are spending real money in putting up a permanent
joint, they don't believe it. An ex-policeman named Taylor came
around this afternoon and looked our place over and talked with
Dickens. He said that the word had been passed but that every one
had decided that it was the bunk because we were getting established
to stay established for good. I went into Belvin's with Darden on
our way from lunch. He wouldn't sell us a drink saying, " I've had
a phone call that the law was about to swoop down on me and
haven't a drop in the place." He may be wary, as he is smart as a
whip, but I've two buys there anyhow.
I think that the best evidence that the big fellows don't believe
the cop's tip is the fact that Fentress who has never been caught, sold
me that 5 gallons this noon and took my check. A bootlegger and
moonshiner who has escaped so far and one of the big operators ol
the State, wouldn't have taken that chance. Of course being in with
Darden was more than half the game.
By the way, Holland is a hi -j acker and all-round little crook.
Please get his record from the D. J. and anything that they have on
it. I'll link him up somehow. The city manager had Petty on the
carpet and its a safe bet he won't be chief of detectives when this
is over. Petty and Chief Ironmonger are one faction of the depart-
ment and Lieutenant White, who knows about me and Captain Moore,
a relative, another. He may tip Moore. We are making good
progress on the joint. We have four carpenters and ourselves on
the job. It was a case of ripping out a bunch of stalls and putting
them up in another spot. I've been up to my neck in dung all day,
in fact ever since we hit that stable. The working day starts at 7.3.0
and ends at 5 p. m. That's getting up at 6 a. m. and" going over to
Norfolk (we live in Berkley) and working with pry, saw, and ham-
mer. Its a tough job but we will have the floor laid and walls up
by Saturday, and perhaps more. The fact that the city of Norfolk
is laying out real money helps, for it doesn't look like one of Ascher's
phony stalls, one which he used here.
The other night when we talked this whole situation over with Mr.
Vanderberry, as outlined above, that is, about the tip given out by the
cops, and who sent it out, he decided to go ahead. I feel sure that
the whole thing will be a success. If there is any tip-off it will be
from the cops. All the big boys will be leary for a couple of weeks,
anyhow, and I am not going to rush them. Not force the hand.
Better to be slow than fast and lose all that we have gained so far.
The uniformed cops evidently haven't the tip save a few and they
don't believe it. Those who have taken a peep at our joint as its
being built, its 90 by 16 feet, see that real dough is being spent. And
they don't figure that anyone would spend that much money to get
big bootleggers or grafting cops. .
By the way, Dickens has an automobile and we have used it when
we could. The city doesn't reimburse him for gas and oil. Can I
do so? My travel regulations, as well as all my personal papers,
commission, and TIR's are in the city manager's safe, or I would
look it up myself. My gun and jack are there as well. I think it's
only fair that we kick in. I know that there is some such provision,
but as the car is not mine but one we are jointly using, but not all
PROHIBITION ENFOECEMENT 77
the time, as it is too well known about town. How can I fix
him up ?
By the way, will you have Reeder get me a new voucher from my
lodging in Montreal ? I had one but it evidently slipped off the rest
of my vouchers and the deputy commissioner of accounts has asked
for it so that I* can* reclaim next month. He can get the voucher
easily for he lives in the same place, much to my sorrow. Sorry to
trouble you.
I think that by the last of the month after I become a bloated
proprietor of a colored pool room, that I can slip away over a week
end and come to Washington and go over the whole situation. I
can make an excuse of gomg to see a girl, or arranging for a ship-
ment of red whisky, a rarity here. I think we had better hold off
the man you suggested sending me for the time being to see how things
shape. I think that a personal conference would be much better.
I'm pretty tired nights but I hit the deck now and then. I didn't
yesterday, however. I'm not as hard as I was once. Last year in
the 6 F. A. was a cinch to making that joint.
By the way, does the Treasury Department have any appropriation
for fumigating their representatives? You know our colored breth-
ern have a smell all their own and I'm much among them and am
about to cater to them with a swell pool hall. I'll need delousing
more than any bird you ever saw. Hope to see everyone long before
we kick.
Respectfully submitted.
BLOOD.
206 EAST INDIAN RIVER ROAD,
Norfolk, Va., March 10, 1926.
Maj. I. W. TRUXTUN,
City Manager, City Hall, Norfolk, Va.
SIR: I have the honor to apply through you to the City Council
of Norfolk, Va., for permission to operate a pool room at 1221 Chapel
Street, in the city of Norfolk, Va.
This building has been thoroughly remodeled in compliance with
the building laws of the city of Norfolk and will be under my direct
management.
I trust that you may give this your favorable consideration and
action.
Very truly yours,
B. L. HATTON.
NORFOLK, VA., March 19, 1926.
Mr. WALTER E. SOLTMANN,
Washington, D. C.
DEAR SIR : Our first raid occurred last night. It was by the police,
headed by one Sergeant Phelps. Phelps has just been put back on
street duty in the precinct where we are building our joint, at our
request, because he is known to be a grafter. He had been removed
from street duty and placed inside because of his reputation. The
city manager, Major Truxtun, however, had him put back in the street
a week ago, as they desire to catch Phelps with the goods if possible.
78 PROHIBITION ENFORCEMENT
None of us were present when the raid was pulled off. We had
been working from 7.30 yesterday morning, building on our pool-
room joint. Dickens left about 5.30 and I about 6.30, with Darden.
The raid came off about 8 o'clock. Phelps was sent to the place by
one of the nigger bootleggers on the street. The nigger told him
where the " Bama " (cache) was located. They walked in and found
the whisky and arrested John Nimmo, the aged gentleman of color
who handles Darden's whisky. They took Jim to the jail house and
he was held in $750 bail in police court this morning. John is an
old offender, and the jail house means little to him. I gave him
$5 this afternoon so that he could get some clean clothes. " I wants
them so if I has to go to jail I'll go clean, anyhow," he told me. So
I gave him the " fiver."
Phelps seized 3 gallons and 21 half pints of liquor. I understand
that all that was reported in police court this morning was three
gallons and four half pints. We will make sure of this, however.
If the cops drank the rest of the half pints then they are out of luck.
This was the liquor I bought from A. E. (" Speed ") Fentress, and
which I reported. I had my samples, however, and now that the
police have the liquor they have saved me my evidence. Really very
accommodating, to say the least.
When Phelps kicked in the place (The " Bama " is next door to the
joint we are building) he found the account book that Dickens is
keeping of expenditures and the time on our colored labor. He
made some comment on this, but left the book. It showed him that
money was being spent on the joint. We are not expecting that he
will proposition us. He should try the old shake in a day or two.
This raid was an act of God. And the fact that whisky was found
made it 1,000 per cent. Every bootlegger in Norfolk knows about it
now and they all think that we are shooting on the square and boot-
legging in earnest. Dennis O'Brien, brother of the police sergeant
wrho was so kind as to rap us the other day and is now in the hospi-
tal suffering from a gunshot wound from a negro's pistol, saw Dickens
and Darden down town this noon, when they were having lunch and
told them that he was ready to do business at any time. O'Brien
has never been caught, although some of his men have been. He is
the Norfolk end of the Baltimore connection. He extended his sym-
pathy about last night's raid and assured the boys that Phelps was
a good scout. Phelps played into our hands, and did us a big favor.
In fact he has cut off this whole business by at least a week or more.
We expected to be more or less dormant for a week or two, but now
every bootlegger and policeman knows that whisky was found at
our place and our nigger arrested for its possession. Any fear that
the underworld may have had I think is now cleared.
On page 3, paragraph 3, of report No. 5, sent to you two days ago,
I mentioned that one " Pop " Belvin, a big joint man, had refused to
sell the other day, saying that he had a phone that the " law " was
about to descend on him. He was shooting right. The law, in the
shape of United States prohibition agents, did raid him. As he told
me then, he had the tip. You can judge how much cooperation the
Prohibition Unit are getting here when he knew long in advance
that the agents were coming. They were accompanied by two city
policemen and had a warrant. Of course, they found nothing.
PROHIBITION ENFORCEMENT 79
When we left our place yesterday for lunch we went to the restau-
rant of Billy O'Brien, in Main Street. There we met two city
detectives, Allen and Stanley. They knew Dickens and Darden,
and I was introduced. Allen was drunk, but Stanley sober. Allen
asked what we were doing, as we were in overalls and covered with
'dirt and dust. 'Dickens and Darden told him. He suggested, I
believe, or it might have been Dickens, that a little drink wouldn't
do us any harm. The result was that we bought two half -pints of
liquor from O'Brien, who served it in person, for which I paid
$1.50, and saw where he went to get it. We all drank save Stanley,
who was about to report in at police headquarters. He told us that
he would be up to see us 'to-day or to-morrow, and Allen said he
would see us often as it was on his way home and he liked his nip.
He told us what a nice little business Ned Beasley, a fair-sized boot-
legger, was doing. He also went into details of the drunk of the
night before and how he carted around a half gallon of whisky in
his car looking for some one to drink it, and finally ran his car up
on the sidewalk. Later he awoke the bridge tender at the York
Street Bridge and gave him two or three drinks. He was so bad
then that he parked his car for the night. Couldn't even drive it.
Dickens tells me he is a wise bird who will shake you for the drinks,
but will not ask for graft, but would readily accept it if approached.
An ex-prohibition agent named Dean came out to our place the
other day. I think he was sent out to look me over and see if I was
an agent. I had never seen him before and he had not seen me, so
all was well. His excuse was that he had some equipment for the
" Hog Head " (nigger lunch stand) that we are going to install in
our joint, that he wanted to get rid of. He ran a joint, he told me,
while he was an agent.
I failed to mention in my last report that the mayor knows about
what is going on, but the mayor is only a councilman, who is given
that title. The city manager, Major Truxtun, is the wThole works.
Things look better to-night, and far more like a success because
of the kind raid of Sergeant Phelps, than they have for a week.
We are not going to make this clean-up, however, for some time
to come, and from present indications I feel optimistic enough to
predict about 100 per cent. Our joint is nearing completion and
will stand the city more money than we had expected, but it ought to
be a whizz bang. Yours truly is the prop. 'Attached find my letter
of application as proprietor. The ways have been greased for the
proper action. Also for the soft-drink license. My wife expects
to join me in a day or two. She has been on the stage a number of
years, and I know she can play the new role of a bootlegger's spouse
without trouble. Also keep me out of trouble. If I take an apart-
ment I'll let you know the change of address. I think we are going
to click if the cops' don't spoil it. You can rest assured that I won't.
Respectfully submitted.
LEIGHTON H. BLOOD.
MARCH 19, 1926.
Mr. L. H. BLOOD, Investigator.
DEAR BLOOD: In your report No. 3 you mentioned that Dardon is
backed by a millionaire operator named Murphy. We find some-
thing in the files regarding one J. Wesley Murphy, and a copy of it
80 PROHIBITION ENFORCEMENT
is inclosed for your information. This may be the same person, and
in that case will give you a good low-down on wl * this fellow is
and you may be able to check some of these points in the course of
conversation, etc.
Mr. Simonton has been going over all your reports to watch the
legal end of the game, and he again says to follow his instructions
carefully, which were sent in previous letters. Your job seems to
be progressing very quickly and hope it will lead to the Baltimore
end and make a good-sized case there. It will not be possible to
send the noncom, as we had planned, as he has recently acted in a
way which makes it doubtful whether or not he would be satisfactory
for your purpose. We do not want to run the least chance of a slip
up, and therefore no one will be sent to you unless we can absolutely
depend on them.
One of our men who has been in Baltimore for some time will be
sent to you in the near future for a conference. He will have to
report to you under cover, as he worked in Norfolk some time ago,
but I do feel confident he can handle the Baltimore end with you
and work under you in that way. He will report to you as W. II.
Dexter and will explain himself to you by showing credentials, etc.
Hope to have this man with you early next week.
Continue to keep us thoroughly informed in each new phase which
turns up and all possible help will be extended from this end.
W. E. SOLTMANN,
Head, Criminal Investigation Division.
MARCH 20, 1926.
Mr. L. H. BLOOD, Investigator.
DEAR BLOOD : We have been going over your report No. 5, and Mr.
S., the counsel, has given me the attached memorandum for your
information.
He is trying to bring put the fact that there are two distinct sides
to your problem. If it is the purpose of the city of Norfolk to sim-
ply clean out corrupt policemen, minor officials, etc., the selling busi-
ness brings results in this way. The other point is that in order to
prove conspiracy, the jury will raise merry Ned if it can be shown
that the Government representative put the idea into someone's
head, or helped them by selling stuff to them.
You will have to conler with your advisers down there and get the
lay of the land and also have them give you the local and State laws
on these points.
Dexter should show up some time next week, and if he is to return
to work the Baltimore end with you, advise me immediately what
plan the two of you work out. He will be under your direction and
his instructions from this office will be to that effect.
W. E. SOLTMANN,
) Criminal Investigation Division.
PROHIBITION ENFORCEMENT 81
MARCH 20, 1926.
Memorandum for Major Green, Chief Prohibition Investigator.
Memorandum to send to Investigator Blood.
I note that through your partner whisky is to be sold and that you
are to check up .the sales each day. I also note that you are getting
ready to bribe policemen. It will be no justification, in case you are
called as a witness, for you to say that you did not sell. Your part-
ner's sale of whisky you buy is your sale and you can hardly escape
acknowledging that you knew all about it. To pay off grafting
policemen is also another excellent way to ruin cases. Remember that
bootleggers are in touch with excellent legal advice and that they
will lead you into situations that will render you powerless. I am,
of course, not familiar with the attitude of juries in N., but I know
that you could not in this jurisdiction expect to win any cases on
such a basis. Of course, if you are getting evidence for the police
board, or expect pleas of guilty, all O. K. ; but if you are to testify,
the juries may want to convict you instead of the defendant.
As to the sale of bottles and labels for regular brands of Scotch
and rye you are advised that it is entirely lawful to sell for lawful
purposes such brands and labels. Upon establishment of the fact by
evidence, however, that the seller knowingly sold the same for bootleg
purposes and they were used therefor he would be an aider and
abettor, and, therefore, a principal in the offense of the bootlegger
under section 332 of the United States Criminal Code ; and, under a
given set of circumstances, where parties act in concert in procuring
the labels and bottles, would be guilty of a conspiracy under section
37 of the same code.
V. SIMONTON,
Chief Counsel, Chief Prohibition Investigator.
MARCH 20, 1926.
DEAR BLOOD : We have been going over your report No. 5, and Mr.
S., the counsel, has given me the attached memorandum for your
information.
He is trying to bring out the fact that there are two distinct sides
to your problem. If it is the purpose of the city of Norfolk to simply
clean out corrupt policemen, minor officials, etc., the selling business
brings results in this way. The other point is that in order to prove
conspiracy, the jury will raise merry Ned if it can be shown that the
Government representative put the idea into someone's head, or
helped them by selling stuff to them.
You will have to confer your advisers down there and get the lay
of the land and also have them give you the local and State laws on
these points.
Dexter should show up some time next week, and if he is to remain
to work the Baltimore end with you, advise me immediately what
plan the two of you work out. He will be under your direction, and
his instructions from this office will be to that effect.
W. E. SOLTMANN,
y Criminal Investigation Division.
82 PROHIBITION ENFORCEMENT
MARCH 24, 1926.
Memorandum re Norfolk.
Blood reported for conference on the afternoon of Tuesday, March
23, and also on Wednesday morning, March 24. As a result of this
conference with Major Green, Mr. Simonton, Mr. Harris, and myself,
it was decided that the best procedure would be for Blood to con-
tinue the pool-room proposition as originally planned. This pool-
room plan was promulgated by Maj. I. Walk Truxton, city manager
of the city of Norfolk, and is being paid for out of city funds. The
result of this investigation now has two phases:
1. The actual local clean-up of the police force and minor city
officials, etc.
2. Cases against bootleggers and operators in and around Norfolk.
Blood's function will be to make his bootleg connections through-
out the city and to be affiliated with the pool-room proposition for
the purpose of obtaining information. Therefore, when his final
phase of operations arrive, his information will be sufficient to enable
Major Truxton to clean out his police force, grafting officials, etc.
In about a month from now, another man is to be sent to Blood,
who will be introduced as a friend of his, etc. Through Blood's
bootleg connections, the new man will be in a position to make buys
from all prominent people who will then be known to Blood per-
sonally. The idea is, therefore, that Blood is paving the way for
the new man; that he will enable Major Truxton to clean out his
local conditions, and the new man will stay to make the cases against
the bootleggers from whom he has made buys.
Baltimore end: Dexter has been assigned to help Blood on the
Baltimore end of the proposition. Dexter can not work in Norfolk,
due to the fact that he is too well known there, having been stationed
in that part of the country as a prohibition agent several years ago.
He and Blood will have a conference in Norfolk on Thursday, March
25. Dexter will return to Baltimore and he and Blood will arrange
their own methods of communication, so as to link up the steamship
connections and any possible lines which may lead to the office of
prohibition headquarters.
W. E. SOLTMANN,
Head, Criminal Investigation Division.
NORFOLK, VA., March 29, 1926.
Mr. WALTER E. SOLTMANN,
Washington, D. C .
DEAR SIR: Harrington leaves to-night for Washington and will
supplement this report by an oral one re what this contains in detail.
Would suggest that you go over with him all the angles, including
local conditions, local courts, and the United States attorney in par-
ticular, as he worked here for two years as a prohibition agent and
knows something about the city.
I saw Harrington when I came back here from the conference in
Washington. I am using his real name as he went under it here, and
everyone knows him in Norfolk. I had a conference with him at
Dickens's home and then went to the home of Mr. Vanderberry and
PROHIBITION ENFORCEMENT 83
laid before him the details of the Washington conference. The out-
come of that was agreeable to him, as representative of the city.
Harrington, having two days on his hands before my arrival back
from the Washington conference, had made the most of his time.
He had gone around to the Federal Building and in general met his
old pals. He told them that he was here on leave and seeing his wife
off for her home in the South. The story went over and because of
that. I believe, overtures were made to him.
Deputy Sheriff Chase, long known here as a grafter in booze, saw
Harrington, gave him a couple of drinks, and asked him if he was
now back here for duty. Harrington told him that he was not.
Chase suggested to him that if he was ever assigned to Baltimore
that both of them could clean up. Chief of Police Ironmonger, who
is in on our deal, sent a note around to the Lorraine Hotel, where
Harrington stayed, asking Harrington to call upon him at police
headquarters.
Harrington, who strikes me as a good officer, did not call on the
chief then, but waited until my return, whereupon he detailed to me
the proposition made to him by Deputy Sheriff Chase and the sum-
mons from Ironmonger. As I had a conference that evening with
Vanderberry, who represents the city manager, I told Harrington to
mope around town and find out what he could, and see if there were
any leaks. The first conference with Harrington was on Thursday
night. I told him to call the "joint" the next afternoon about 4
o'clock. This he did and we made a date to again meet at Dickens's
home that night, Friday. On Friday night we decided that he
should go and see Ironmonger and see what Ironmonger wanted. Iron-
monger is an old friend of Harrington's and is a former United
States deputy marshal here. The United States marshal here is
notorious in his hatred of prohibition, prohibition laws, and the
agents who enforce the same honestly. I told Harrington to call the
joint the next morning after he had seen Ironmonger and then he
could proceed to Baltimore, but if Ironmonger said anything of im-
portance we would have an immediate conference on the matter.
What we wanted to find out was if Ironmonger was talking out of
turn. Harrington called the joint around 11 a. m. yesterday and
told Dickens, who answered, that he had something of importance
to transmit and that he could not tell over the telephone but would
meet us at Dickens's house at 1 p. m. yesterday, Saturday. We had
the meet, and the following is the result :
Harrington reported to me that when he went to police head-
quarters he found Ironmonger and Captain Moore, of the vice squad,
in deep consultation in Ironmonger's office. (I have mentioned
Moore many times in my reports. He is known to be a bad actor in
graft lines, but never been caught with the goods. His brother is
a fugitive from justice, having been convicted of moonshining. )
Ironmonger invited Harrington to walk right in. He greeted him
and said, "Are you one of that special squad that are working
here ? " Harrington said that he wasn't, but was on leave. Iron-
monger laughed, he said, and replied, "Oh, no; you don't know a
thing about it." Moore then said, according to Harrington, "Has
the Government got some men under cover here ? " Ironmonger
replied that we had two men under cover.
84 PROHIBITION ENFORCEMENT
Later Moore left the office, Harrington reported, and then Iron-
monger poured out his troubles. He said that the politicians were
at him on one side and Major Truxtun, the city manager, on the
other, and that he did not know what to do. He asked Harrington
if he could get on our pay roll as an investigator, what the job paid,
and how to go about getting an appointment. Harrington told him
to write to Davis for that. Ironmonger said he wanted to get him-
self fixed and then quit the department. His eye was set for our
department. (I might suggest that you file his name for future
reference. )
Now that is Harrington's side. After he had reported to me I
told him that I was going to get in touch with Washington, for if
Ironmonger would tell him that we were under cover here he would
tell others. It was not as if Ironmonger had told Harrington when
the two were alone, as old friends, but he had spilled the beans in
front of a police captain that everyone in this town believes to be
wrong and one of the most important links in the graft chain here.
Vanderberry was called, and we (Harrington and mysfelf ) went to
city hall, where a conference was held with Vanderberry and
Colonel Boland, the director of public safety, who had been let in
on the deal the day before by Major Truxtun. Harrington didn't
like to squeal, and fell back continually on the plea of the profes-
sional southerner, that he didn't want to hurt his friend, Ironmonger.
But he came through, as he had come to me. This is the only part
of the country where an officer puts friendship on a par or above
his sworn duty. Not all officers, however, do that, either.
There is no question in my mind but that Ironmonger told Har-
rington more about this deal than Harrington reported to me, his
superior on his particular assignment. H;s first words on entering
Dickens' home yesterday afternoon were, ''' I think so much of this
assignment that I am going to Washington and ask to be relieved."
The question now comes before us, " What else did this man Iron-
monger or Captain Moore tell Harrington? I have a hunch and
I don't think I am far wrong, that Ironmonger spilled the whole
works." I may be doing Harrington, a good officer, an injustice
in that I think that he put a friendship ahead of reporting full
details. Later, at city hall, he told me that he was damn glad this
was my assignment and not his. All this, and experience, leads me
to believe that Ironmonger let the cat out of the bag. Perhaps you
can get more from Harrington, for he is away from the chivalrous
Southern atmosphere. Give him credit, he tipped us off to Iron-
monger and just didn't forget what he was sent out to find out. I
don't think he wanted to tell on Ironmonger but his duty sense
was too strong in him. Perhaps he will tell you more than he told
me. He and Ironmonger were old pals here. He did tell me
that he felt sure that Ironmonger had told Deputy United States
Marshal Turner all about the deal, as Turner had talked with him
(Harrington) and hinted as much. He also told me that Iron-
monger, with another chap, took out two chorus girls, stopping at the
Loraine Hotel on Tuesday night, on a drunken party. Ironmonger
told the girls that he was chief of police, and when they returned
to the hotel booze flowed freely and the girls to use a figure of
speech, shouted their hosts name and identity from the house tops.
PROHIBITION ENFORCEMENT 85
Harrington told Dickens that he had been on parties with Iron-
monger and it is from these parties, no doubt, that their friendship
dates. Harrington, however, had this to say of Ironmonger : " If
he is a chief of police then I am a United States Senator."
To get back to the conference: At Mr. Vanderberry's request I
did not call you yesterday afternoon, but we all discussed the
•whole situation. It was decided that it would be dangerous to
let Ironmonger out just now, and that perhaps it would be better
for Boland, his superior to call him in and give him time for talk-
ing out of turn in general, without mentioning any specific case.
This to save Harrington's feelings, although to Harrington's credit
he said he would be willing to face Ironmonger. It was also decided
that we would continue along this week with the " joint " which is not
as yet in operation, just as planned and see if any tip goes out to
the underworld and to the bootleggers. The city of Norfolk is
cooperating in every way and Mr. Vanderberry was very decent
and nice in view of the fact that the chief of police had talked out
of turn.
My personal opinion as to the whole situation lies between two
angles. The first is that Ironmonger knows that he can't hold the
job ; that his days are numbered, and wants to get out and keep his
friends. He is playing politics in that way. His hopes are aimed at
a job with the Treasury Department in our division and he thinks if
he tips off certain influential cops, like Moore, that he could be sent
in here and Moore and the rest of the grafters would make cases for
him on those that are not paying, or who they don't care for, and thus
give their former chief a ready-made reputation as a humdinger as an
investigator. I also fear that he is playing the politicians so in case
he is let out ihey will find him a soft job. In other words he is
carrying water on both shoulders; breaking his word to the city
manager and in general spoiling a cracker jack job that was about
ready for the bit works.
The other solution, which Boland, who appointed him, seems to
think is the correct one, is that Ironmonger hasn't learned to keep his
mouth shut. We all know, and myself in particular, that learning
to keep still is a wonderful art and most expensive for many of us.
This doesn't excuse Ironmonger, in my mind, of talking the thing
over before a third person — a man who he knew we were anxious to
get the goods on. Ironmonger was a top kick in Boland's regiment
in France and he says he was a good one. Because he handled a
battery well Boland 'thought he could handle a police department.
This might work out on occasion, but it so happened that this chap
didn't know anything about policemen, who are a type all to them-
selves, with peculiar ways and also systems. Neither Boland or
.Ironmonger were appointed by Major Truxtun. The former was one
of those who was " taken care of " after the war, and he, in turn,
took care of this ex-sergeant.
My only fear, from the Government angle, is this : That this boob,
Ironmonger, will, or has passed the word along and that some of
these babies down here will think that I'm a stool pigeon and not an
officer and deal with me with a dose of hot lead. I don't think they
would if they know that I am an officer but otherwise it might be bad.
I'm not afraid, however, but that's the one big angle just now. If
86 PROHIBITION ENFORCEMENT
the boys do try to do me in all I ask is that you send some of the rest
of our outfit in and deal out a cold deck on 'em. I'll take my chances.
That's my job. I'm going unarmed, in case there is a jam. Hope
there won't be.
On Thursday Billy O'Brien who runs a restaurant and also a
" joint " in East Main Street, told Dickens that he had been told by
Policeman Daniel Green and another man, whom he would not give
away, had told him that Dickens, Hatton, and Darden (he is the
bootlegger I am in with) were Federal agents, and that we wrere
planning to kick in. That my real name was Griffin and that I was
a prohibition agent. The man whom he refused to name he said was
employed at city hall and that if his name leaked out in this connec-
tion Major Truxtun would fire him. There is a recently appointed
prohibition man named Griffin here. His father was on the force
but was fired.
On Friday night a man and a woman came to the " joint " we are
working on to sell whisky. He is from the place where J. Wesley
Murphy got his famous alibi in the Ascher proceedings. This man
said he had several hundred gallons of whisky to sell cheap.
Some, he said, was more than 6 months old. If there is no wire out
during the next few days we will go down and sample this stuff and
I can arrange for the man who comes in here later to make this buy
and we can get the stuff. Perhaps this may lead to showing the alibi
up that Murphy used at the time in that report of Kear's that you
sent me. Kear was in on that deal, without doubt. Harrington can
tell you more about Kear than I can.
As things stand now we are going ahead for a week or 10 days to
see what will happen. As I mentioned in my report some days ago,
and as I told you in Washington, if there is any failure in this case
it will be from the police. We have discovered the first leak in the
dike, and I hope that we have stopped it. There may be another.
You never can tell. But you can lay your last dollar there will be no
leak from me, or from our end. That is the way the thing stands
now. The city of Norfolk has laid out a lot of money and we have
been getting somewhere, I really believe, and now their own chief
of police has let his mouth get the better of him. The city of Nor-
folk, if this man has talked too much, will be the present losers. But
I hope that we have everything stopped now. I'll keep you informed
of how the operation is going and I hope we pull into the clear.
Dickens and myself will do our to make a success. I would
suggest that you ask Harrington to detail his Ironmonger confer-
ence, as my hunch is, a great deal more was said than he told me.
Harrington, however, seems to be a good man, but he is scared off on
this detail. Think we better let Baltimore ride until we see how we
will weather this storm that has blown up through Ironmonger.
My best.
Kespectfully submitted.
BLOOD.
PROHIBITION ENFORCEMENT 87
APRIL 2, 1926.
Mr. L. H. BLOOD, Investigator.
DEAR BLOOD: Went over the points brought out in your report
No. 7 very carefully and also took this up with Harrington when he
was here. I do not believe that he actually tipped off Ironmonger,
but he also was very much surprised that Ironmonger would tell
Moore anything about our project. We have decided not to use him
on this assignment, however, even at the Baltimore end, as he is too
well known and may spoil some carefully laid plans.
Play along the way you are going for a short time, as you suggest
in your report, and keep us closely informed on any new develop-
ments. I would suggest that the next time you see Major Truxtun
you bring to his attention your opinion that too many people are
being informed. If things do not improve and break pretty soon,
it may be advisable to push some new men in to make the necessary
cases, etc., and then withdraw the whole outfit. After going this
far we do not want to run the chance of having the job fall through,
but we do not want to string it along.
W. E. SOLTMANN,
Head Criminal Investigation Division.
NORFOLK, VA., April 4,
Mr. WALTER E. SOLTMANN, Washington, D. C.
DEAR SIR: Since I sent in report No. 7 things have been breaking
much better. Colonel Boland, the director of public safety, has
taken hold and is working with us. As far as Chief Ironmonger is
concerned, I think he is out of the scheme of things. Boland seems
to be hitting the ball and wants the plan to go through. I have an
engagement to meet him to-morrow morning at my house.
The prohibition men raided, and as a result everything has blown
over. They got some petty larceny pint-bottle men and that was
about all. The suspicion that may have been laid at our door has
blown away. Things are breaking better now than at any time since
I came here. The cops are hungry and keeping in touch with us.
On Wednesday Policeman Hill, who has a beat some distance
away from our joint, drove up in uniform in an automobile with a
former policeman named Rady and a bootlegger named Murray.
The latter two were drunk. Hill came into the joint — it wasn't
ready then — and spoke to Darden. Darden went into the stable
next door and gave Hill three half pints of liquor. Hill then went
back and got in the machine with the booze. This was at 10.55 a. m.,
and Hill was supposed to be pounding his beat blocks away.
On Thursday morning Dickens and myself, driving out to the
joint from down town, met Police Sergeant Arnold and Patrolman
Doherty. Dickens started to kid Arnold by calling him Sergeant
Phelps. Arnold said that he would just as soon kill a man for call-
ing him Phelps as not. Dickens introduced me, and we talked about
our joint. Arnold said he would come around and see us; that he
pulled a box every morning close to the place. He predicted that
we would do a lot of business when we opened up. (We opened
Friday night.)
88 PROHIBITION ENFORCEMENT
Harry Duke, a negro bootlegger who operates on a big scale close
to where we are, told Dickens that we could pay off Sergeant Sykes.
Dickens had thought that Sykes was one of the few honest
policemen. Duke said that he was paying $25 a week and that Sykes
would come around and do business with us. Sykes, he said, had
told him to "see us" about this. Sykes hasn't been around for
money yet, but he searched the dump yesterday morning while
Dickens and myself were down at the bank. It was a phony search,,
and Sykes had Policeman Fentress with him. The negro bartender
said that Sykes just walked back, leaned on the bar, and asked what
we had back there. The whisky, of course, had been dumped.
Friday night Policemen Lang and English came in. They stood
at the bar and had drinks with me. I was introduced to them by
Darden. Darden says that they asked him for $2 a week apiece.
They didn't proposition me. I am still a stranger to them, save for
the drinks I had with them and the introduction by Darden that I
was one of the partners. They were back again last night. The
big boys haven't hit us yet. They will, and I won't be surprised if
they take me down and introduce me to their jail. All of which will
help the game. I'd like to have you drop down and look the place
over before the kick-off. It would give you a kick. Come down at
night, drop in, and have a shot of moonshine, and you can get back
to Washington .in five hours. You might shoot in McDonald, or
whoever is to work with me, at any time. I want to set him in, and
that may take a couple of weeks. He will have to get the confidence
of the booties, but I think I can set him without any trouble. He
might also line up the Baltimore end. Later, at the last moment,
he might need another man as witness. That's about all; I'll send
in my monthly reports to-morrow. My best to everyone.
BLOOD.
NORFOLK, VA., April 12, 1926.
Mr. WALTER E. SOLTMANN, Washington, D. C.
DEAR SIR : Here is the way things stand to-day :
On Saturday " Speed " Fentress, a big operator, refused to sell
Darden a five-gallon "jimmy" of corn, saying that Dennis O'Brien^
brother of Sergt. "Dutch" O'Brien of the police department, had
told him that I was a Federal agent. I had made a buy, some weeks
ago, from Fentress. This information seemed to be general among
the big boys. We later in the day made a five-gallon buy from a
bootlegger named Raby, who hails from New York, although he has
been operating here for about three years. Saturday night he came
around the pool room, which was going full blast, and after having
a drink with me, told me that his " runner," " Shorty " Lee, had been
told by one of O'Brien's men not to sell us, as we were the law.
O'Brien's man, Katz, also gave the same information to Harry Duke,
the largest negro bootie. Harry said that if that were true then he
had 1,000 years ahead of him, but if I was a Federal agent so was he.
On Monday Duke told me that Sergeant Sykes would take a weekly
payment of $5, the first through Duke. I didn't pay that day and
Sykes paid us a visit, and told Dickens that he couldn't catch us
PBOHIB1TION ENFORCEMENT 89
but that he could visit us every hour and make the bartender dump
his stuff. We got in touch with Harry Duke and he said Sykes was
sore because we had promised to pay him and hadn't. The next
morning, Tuesday, Darden and myself took the $5 in an envelope
and delivered it to Duke. We didn't see Sykes again until Satur-
day. Saturday morning Duke brought back the $5 and said that
Sykes had sent him. That noon Sykes, with Patrolman Shannon,
raided the old Bama next door. He pulled a real raid and searched
for nearly two hours. He got nothing, of course. You can judge
from that line up that some sort of tip was out. Why did Sykes hold
that five for nearly a week, send it back, and raid a few hours later ?
The other day, when I sent the wire for a man it was at Colonel
Borland's suggestion. He gave, me the impression that this was the
opinion of the city manager. At a conference yesterday afternoon
Major Truxtun said that was the first he knew about it. It is my
belief that Borland would like to have the investigation terminated
now, before more of his cops fall under the hammer. It's a reflection
upon him and his method of running the department.
Last Wednesday, when I had the conference with him, Dickens
suggested that Lieutenant White knock off Dennis O'Brien's stuff on
the Baltimore boats. Borland thought it a good plan until he was
leaving and then said he wanted to think it over. Dickens that night
told Vanderberry about it and the result was that the city manager
ordered White to raid the boats. When he arrived the next morning
at the dock he found Captain Moore and his whole vice squad there.
The next morning Moore's men grabbed some stuff, but 'twasnt
O'Briens. White was at the boat, as was the traffic squad. Major
Truxtun was also present. Some stuff was landed. We found out
later that the morning that the boats were first hit the stuff was
placed down below in the hold, taken over to Portsmouth, and
brought back on the boat after everything was clear. Now Major
Truxtun is putting another officer on the job to hit the boats. He
thinks that Lieutenant White is pulling a double cross. White may
be, also Borland and Chief Ironmonger.
It was decided at the conference yesterday afternoon, that the police
continue to hit the boats, under the direction of Major Truxtun.
We all want to knowr who is pulling the double cross and one way
to find out will be by you having men supply information as to the
stuff going aboard at Baltimore and also at Washington. The ship-
ments due in this morning were to come on the Washington boat.
When our men see the stuff go on board they can wire Major Truxtun
and he can see if his men really are in earnest about getting the stuff.
That, will help make a Federal case at this end and a man watching
at the other will see the stuff go on board, and what members of the
crew are in on the deal. If the stuff lands here with White, Iron-
monger, and others allowing it to go ashore we can come pretty well
knowing who is leaking. Because too many code telegrams coming
to me might excite suspicion, will you please send the wires direct
to Major Truxton. His full name and address are : I. Walke Trux-
tun, 803 Graydon Avenue, Norfolk.
Use my old reverse code in five letters that you have just changed.
I will give him the key. It is an easy one to become accustomed to.
90 PROHIBITION ENFOECEMENT
He will be on the job in person. I think in that way, with a man
watching in Baltimore and another in Washington we should get
somewhere.
The stuff is coming now in sugar barrels. It's denatured alcohol
flavored with corn. They change off every now and then and place
a can in egg crates, with a layer of eggs over the cans. But just
now they are using the barrels. The stuff is the last thing on the
boats at night and the first off here. It will probably be marked,
because of the present activity, as through freight to Elizabeth City,
N. C., or for Portsmouth, Va. In that case the police will ride the
boat over to Portsmouth and back. I'll keep you informed about
any changes in way of shipments that I may hear of. The stuff is
in tin can containers. The Baltimore office is wrong on this stuff,
as you know. The lines used are the Old Bay Line and the Chesa-
peake Line, from Baltimore, and the Norfolk & Washington Line
from Washington. That leaves from the foot of Seventh Street at
6.30 each evening.
Hope you will be able to have the D. A. in New York put over
those West Point cases for a couple of weeks as this is more or less
crucial here. Think I'll let Mac look things over the first few days
here and keep clear of me, save for conferences at the house, etc.
That is the suggestion this p. m. from the city mag.'s office and I
think a good one.
Saw Hough last week .and he was well satisfied save for the police
and their evident attempt to throw a monkey wrench into the works.
BLOOD.
300 INDIAN KIVER ROAD,
Norfolk, Va., April 14, 1926.
Maj. WALTON A. GREEN,
Chief Prohibition Investigator,
Internal Revenue Service, Washington, D. C.
DEAR SIR: I have the honor to report the following in connection
with the assignment given me, in Norfolk, Va.
I reported to Investigator Blood, 1055 Cambridge Crescent, at 10
a. m., going over the entire situation with him and find that he has
conducted a remarkably thorough investigation, that he has had a
most difficult situation with which to cope and believe with his leads,
together with assistance given us through the city manager's office,
that we can conclude our work here most successfully. However, it
may take more than the 10 days, which time was estimated by
Captain Soltmann, in which to conclude the investigation.
Last evening in company with Investigator Blood, I visited the
premises operated by Investigator Blood at 1223 Chapel Street. I
found everything operating — pool tables, bar, and lunch counter and
several colored patrons were at the bar where the bartender and In-
vestigator Blood were dispensing "white mule," or as they call it
here, corn liquor.
I am posing as a former partner of Blood's and he has let it be
known that I am here to buy urj and ship North quantity of corn
liquor and I am confident that this plan will work out all right. He
has had two or three raids on his place made by local police which
PROHIBITION ENFORCEMENT 91
makes things look all the better for him. He has played his part
well and I feel that I can make the big bootleggers here without much
trouble as they all seem anxious to sell.
Two well-known bootleggers visited Blood's place last night while
I was there at which^time we talked over prices. I am for the time
being stopping at the Hotel Fairfax but will suggest that you send
my mail to the above address, as I do not think it advisable to have
mail from Washington coming to the hotel.
I will keep you informed on my activities here and trust you will
believe that Investigator Blood and I will do everything within our
means to bring this investigation to a satisfactory ending.
Respectfully submitted.
D. D. MAYNE,
Prohibition Investigator.
306 INDIAN RIVER ROAD,
Norfolk, Va., April 16, 1926.
Maj. WALTON A. GREEN,
Chief Prohibition Investigator,
Washington, D. C.
DEAR SIR : I have the honor to report excellent progress here both
for Investigator Blood and myself. We have made good connec-
tions into the wholesalers of corn whisky and have gained the con-
fidence of two of the most prominent bootleggers in Norfolk who
have asked us to go with theni and get acquainted with the " ring."
These two men are fornier city of Norfolk detectives. The other
man is a former investigator for the county. This man has offered
his services in the way of a commission buyer for us and has agreed
to take us to the woods and swamps visiting the "distillers" and
to make us good. The third party is an ex-prohibition agent. He is
working for us now.
We have passed the word out that we are buyers. Therefore, in
a few days we'll need police protection to avoid the rush.
Investigator Blood has played a wonderful game here and a very
dangerous one, too. I have much faith in his ability. Am meeting
the city manager to-night for a conference.
Will write further details as soon as possible.
Please have Mr. H. T. Davis mail my pocket commission at once.
I need it.
Trusting that this meets with your approval, I am,
Respectfully,
D. D. MACDONALD.
APRIL 18, 1926.
Mr. W. E. SOLTMANN,
Washington, Z>. C.
DEAR SIR : Attached you will find my monthly reports, etc.
When I was in Washington I gave Mr. Bender my pay voucher
and he was to send nie my check on the 1st. I made the voucher
out, and signed it. As yet it hasn't arrived, and I'm broke. My
wife got what little money I had. Will you kindly ask him tc
shoot the pay check down to me as soon as possible.
S. Doc. 198, 69-2 7
92 PROHIBITION ENFORCEMENT
Things are going along fine. The big wholesalers are coming
around to sell in big 100-gallon and more lots. May be able to set
in the man sent here according to the major's scheme of putting
the stuff in escrow, as it were. The man can come at any time.
If you like I can duck away over any week end and talk it over
with you all in Washington before he conies down.
The job goes well. I'm feeling pretty rotten, with a bad cold, and
lack of sleep. We have to put in very long hours at the joint. We
are working the trick of drinking water when some customer comes
along and wants to buy us a drink. It looks like moonshine, of
course. If that wasn't done the stuff would kill in short order for
like every new place some of the hot sports want to buy the boss
drinks. I'll be ready for a change of scene and a bit of rest when
this is over.
Please see about my pay check. I am keeping tabs on the separate
account, and that is not included, of course, in the present expense
voucher. My kindest personal regards to you, the major, and
every one else in the office.
Sincerely,
BLOOIX
BELLAMY & HOUGH (!NC.),
REAL ESTATE AND INVESTMENTS,
8 ARCADE BUILDING,
Norfolk, Va., April 22, 192G.
Mr. W. E. SOLTMANN,
1736 G Street NW., Washington, D. C.
MY DEAR MR. SOLTMANN: The program is rounding up here in
great shape. Several large operators are coming in but it will be
necessary in order to corral them to have Mr. Mayne make trips in
the country, necessitating at least two weeks from now to complete
the work. Both of your salesmen are doing splendid work.
Please advise if Mr. Mayne's time can be extended.
Yours very truly,
HOUGH.
APRIL 23, 1926.
Mr. L. H. BLOOD, Investigator.
DEAR MR. BLOOD: Push things along as quickly as you can down
there, get Mac acquainted as quickly as possible, and advance him the
necessary funds for his big buys. By this, I mean that the amounts
purchased should be in sufficient quantities so as to be satisfactory
for evidence and also will not attract attention by being too small.
You have a good man in Mac for his particular end of the business
and I want you two to work together at all times, and as you draw
near the end of the job, be sure that the various tag ends are well
connected, so that we will not have a legal throw-back later on.
The Baltimore end will be under way very shortly, I hope, but
drop me a line and let me know how soon you think we may expect
the final break.
Yours truly,
W. E. SOLTMANN,
Head* Criminal Investigation Division,
PROHIBITION ENFORCEMENT 93
APRIL 24, 1926.
Mr. HOUGH,
Care of Bellamy & Hough (Inc.),
8 Arcade Building, Norfolk, Va.
MY DEAR MR, HQUGH: We are glad to hear that conditions are
progressing satisfactorily on the matter you mentioned in your
letter of April 22. We will not withdraw ^Mayne until everything
is completed, but we are anxious to close up conditions down there
as soon as we can.
Without breaking anything prematurely, we do hope satisfactory
results will be obtained in the course of the next few weeks.
Yours truly,
W. E. SOLTMANN,
Head, Criminal Investigation Division.
NORFOLK, April 26, 1926.
MR. WALTER E. SOLTMANN,
Head, Crimmal Investigation Division,
Office of Chief Prohibition Investigator,
Washington, D. C.
SIR: Inclosed find copy of charges that are being forwarded to
City Manager Truxtun to-day on the police.
A lot has happened since I left Washington last week. On Mon-
day, while I was with you, the word was passed around town that
Mac Dickens and myself were Federal agents. Since that time they
have been unable to make any buys in town. On my return Wednes-
day Mac was busy making buys from the stills, the best that could
be done.
There is every indication that the police, that is at least the chief
and possibly thie director of public safety, have sent out word that
this is a Federal investigation, backed by the city. For instance,
on Monday morning George Belvin, whose name as a bootlegger
has run through my reports, called the joint and asked for
George, a colored bartender. Dickens answered the phone and im-
personated George; Belvin told George to beat it away, as our place
was " hot." Dickens revealed his identity then, and told Belvin that
he wanted to see him. This was about 5.30 a. m. Belvin came out
and told Dickens that the " big boys down town " (his usual de-
scription for high ranking police officers) had sent out the tip that
we were running a Government stall; that we were all officers.
Dickens tried to dissuade him on that score. From then on boot-
leggers— big ones — have come around to tell Darden to watch his
step.
Saturday night the cops failed to show up for the pay-off, as
they usually do. Captain Moore told me Thursday night, " Hatton,
I'm going to get you." Moore is a bad hombre. The chief, Iron-
monger, was with him, and they pulled a lousey raid. I think every-
thing can be laid at the door of those two, and perhaps Borland. As
it is we can't buy a drop of liquor in town. Mac will have to con-
fine his activities to other stuff.
94 PROHIBITION ENFORCEMENT
Here is my plan of operation : We know where the big " bamas "
are located and who the big operators are. The passing of the word
has spoiled part of the game, but may work out O. K. When the
city manager cans the cops I would suggest that you let me take
Mac and Dickens and kick in some of these big bamas and make
seizures. Mac and Dick, with some of the honest cops, can be the wit-
nesses, and I'll pull freight when it's over. In this way I can super-
vise the raids, warrants, etc., and then get put. Mac would have
had to stay anyhow if he had pulled some big buys. He has some
stuff for conspiracy, but the passing of the word didn't help his
work by a little bit.
The situation as it "is at present is none of our making. But the
job should be all over by the end of the week. I think that we can
throw some of the big boys in the can on search and seizure, as Mr.
Simonton suggested. .I'll see about the warrants with the United
States commissioner. Mr. Simonton, as you know, at the confer-
ence last Monday suggested raiding, and I think the moral effect
good. We can use plenty of honest police, I am sure.
Don't send in prohibition men from Richmond. Burgess, the
local man in charge of the branch office, is O. K. and a friend of
Hough's. I can let him serve warrants. Please shoot along that
commission of Dickens, as we may be ready to go in 24 or 48 hours.
Hope to be out of here by the end of the week. If not, send forget-
me-nots. My best to everyone.
POLICE CHARGES
February 12, 1926 : At 3.30 p. in. Officer Childress came to the prem-
ises of Benjamin Beasley as a U-Drive-It, 1749 Church Street, in
the city of Norfolk, under the influence of liquor. Beasley would
not allow this officer to leave the place alone, but told him that he
could not stay there; that he, Beasley, would send him home in an
automobile with a colored driver. This Beasley did. While Officer
Childress was in Beasley's office there were one or two cases of whisky
made by Beasley in his presence. (Witnessed by Investigator H. N.
Dickens. )
February 12, 1926 : Between 5 and 6 p. m. on this date Investigator
Dickens was at the same premises operated by Beasley with two
women. While in the office he purchased a pint of whisky from
Beasley in the presence of Officer Lang. He remarked to Beasley,
" Have Lang leave the place as I do not want to drink in the presence
of an officer." Beasley's reply was, "He is all right; but if you say
so I'll tell him to leave," which he did. This officer was not drunk.
He was in uniform. (Witness H. N. Dickens.)
February 14, 1926: At 11 a. m. Investigator Dickens met Harry
Short at College Place and Granby Street by appointment. He left
there and went down Monticello Avenue to First Street, north of
Queen, running from Monticello Avenue to Granby Street. Short
pulled up this street about the middle of the block and stopped his
car. Dickens asked what he was waiting for. He said that he had
an appointment there with a friend of his. They were there about
10 minutes when Motor-cycle Officer Hutchinson came up in a Ford
automobile. He stopped opposite Short's car on the other side of
PROHIBITION ENFORCEMENT 95
the street, a distance of about 30 feet. Just before he got out of his
car he had taken a roll of money from his pocket, took off a bill or
two, palmed this in his right hand, walked across the street to Hutch-
inson's car, got in the rear seat just behind Officer Hutchinson. A
few words were spoken by both men, but because of the distance
between the two* cars* I could not understand, and then Hutchinson
reached his right hand over the back of his seat, and Harry Short
passed him the paper money that I had seen him take from the roll
of bills. They talked for about a minute longer, and Hutchinson
pulled out toward Monticello Avenue, and Short returned to his car.
On his return Short made the remark, " Some people have given this
officer a hard name, but he re a damn good friend of mine."
February 22, 1926. About 3 p. m. this date Investigator Dickens
was at Charlotte and Church Streets and observed Detectives Stanley
and Williams with a colored man under arrest. They called to
Dickens and asked him if he would convey them and their prisoner
to police headquarters in his automobile. They said that they had
been having trouble in getting a patrol wagon. After getting in
the car with the colored man who was under arrest, and a water bag
filled with whisky, Dickens remarked to the colored man, " Why
do you carry your whisky around so that the officers can see it on
your person?" He said, in the presence of these officers, "That he
did have it in his shirt and thought it was concealed." Williams
reply to this was, " You might expect me to see it when it bulged
through his shirt. But he is not a bad boy," Williams added, " and
if he will do right we may be able to do something for him in court
to-morrow morning." The colored man then said, " I'll do anything
you say to do." Dickens then asked the colored man, " Did they
take it right off you?" Before he could reply Stanley stated, " Yes;
we took it right out of his shirt." The next day, February 23, 1926,
Dickens was in police court to observe this particular case, but could
not get the evidence that was given very plainly. There was some-
thing said about this man being in an alley, near this whisky, and the
reason this arrest was made. The judge very quickly said not enough
evidence and dismissed it. The name of the defendant can be
learned from the docket.
March 5, 1926: At 5.15 p. m. Investigators Blood and Dickens
were in Belcher's filling station at Charlotte Street, Monticello Ave-
nue. There were several men drunk on the premises and much drink-
ing from half -pint bottles being sold by Walter Belcher, the pro-
prietor. While there Patrolman Elliott, in uniform, came in, and
Blood bought two half pints of corn whisky from Belcher and
Elliott purchased one. This whisky was drunk on the premises by
Blood, Dickens, Belcher and Patrolman Elliott. The purchase was
made in Elliott's presence. Elliott had been drinking before he
came to Belcher's. He was not on duty, having finished his tour of
duty in Berkley.
March 10, 1926: At 2.30 p. m. Investigators Blood and Dickens
were again in Belcher's filling station. Patrolman G. I. Williams,
in civilian clothes, had driven up a few minutes before in an old
Ford car. We entered the filling station and found about a half
dozen men aside from Belcher and his employees. I asked about
getting a drink, and Belcher took us to a room in the rear and
96 PROHIBITION ENFORCEMENT
Dickens remarked, " Better be careful, G. I. Williams is out front."
Belcher replied, " Oh, that's all right. He is my friend. He won't
arrest you." The civilians hanging about, both inside where Wil-
liams was sitting and outside the filling station, had all been drink-
ing, and several were decidedly drunk. Williams could be observed
where he sat in a window in the front of the filling station while I
bought the half pint from Belcher, and Dickens, Belcher, and myself
drank the contents which was corn whisky.
March 12, 1926 : Lieutenant White this date called Dickens and re-
ported that Sergeant O'Brien was passing out the word that Dickens
was a Government man. George Belvin, proprietor of the Church
Street speakeasy, also called Dickens on the telephone and told him
that O'Brien had sent out word that Dickens was a Federal agent.
O'Brien was then in the hospital suffering from a gunshot wound.
Dickens and Blood went to see Belvin and satisfied him that the
story O'Brien was giving out was a false one.
March 12. 1926: Investigator Dickens met Detective W. J. Wil-
liams on Bank Street near Freemason Street, by appointment. They
were to meet some women for a party in an apartment at Thirteenth
Street and Llewellyn Avenue. Dickens remarked that he had noth-
ing to drink. Williams suggested that they proceed to Harry Water-
field's a known bootlegger, and that he could get whisky there.
They proceeded to Waterfield's and Williams got one pint^of corn
whisky. They then went to the apartment, met the women, were
there about one hour. Williams had to leave as he had to answer
5 o'clock roll call.
March 15, 1926 : Patrolman Turner came to stables 1221-3 Chapel
Street, as was his habit, and was given a. half pint of corn whisky by
the colored man who worked there.
March 16, 1926 : Same charge as above for Turner.
March IT, 1926: Same charge as above for Turner.
March 18, 1926 : Entered the restaurant of Billy O'Brien, on East
Main Street, a known bootlegger resort, whose proprietor is now
under suspended sentence. With Investigators Blood and Dickens,
was R. Y. Darclen, a known and convicted bootlegger. Lunch was
ordered, and while waiting for the order to be filled Detective Allen
and Stanley came in. They first had a drink at the bar, and then
came over to the table. This was about 12.45 or 1 p. m. Darden
suggested that we buy a drink. Allen and Dickens agreed, and two
half pints of liquor were ordered from O'Brien. O'Brien brought
the liquor to Allen, Stanley, Dickens, Darden, and Blood in the toilet
in the extreme rear of his place. All drank save Stanley, who said
that he was due at police headquarters in a half hour. He observed
the drinking. Allen was drunk, and told of being drunk the
night before and of riding around with a half gallon of whisky
trying to locate some one to drink it with him, and finally ran his
car up on the sidewalk. Later he said he woke up the draw tender
at the York Street Bridge, gave him several drinks and had some
himself. He said he got so drunk the draw tender would not allow
him to drive his automobile. Stanley had something to eat with
us, and promised to visit the joint being built at 1221-3 Chapel
Street in a day or two. On the next day Investigator Blood saw
PROHIBITION ENFORCEMENT 97
Allen in an automobile on Main Street, evidently still under the
influence of liquor.
March 18, 1926: On this date Sergt. Forrest Phelps and a police-
man raided the cache next door to 1221-3 Chapel Street, and ar-
rested John Nimmo, colored. Dardeii and Investigator Blood did
not leave these same^premises until about 7.30 p. m. and locked up
this particular house. The whisky seized by Phelps was bought
from " Speed " Fentress with United States Government funds and
paid for by Investigator Blood, United States Treasury Department,
with a check drawn on the Citizen's National Bank of Norfolk. It
was Government evidence; Phelps checked up 17 half pints shy in
police court the next morning.
March 18, 1926 : Patrolman Turner came for his usual half pint.
March 19, 1926 : Patrolman Turner came for his usual half pint.
March 20, 1926 : Officer Ruddick met Investigator Dickens about 9
a. m. near Harry Duke's speak-easy in Chapel Street. Dickens and
Blood had observed Ruddick hanging about Duke's on several occa-
sions. Ruddick invited Dickens into Duke's and they went to a little
private room where drinks are sold and were sold while they were
in this room. Duke made the remark that he would not serve them
any of the cheap whisky, but would send out and get some good —
the stuff he drank. He did this, and all drank. While there, Rud-
dick criticized the city manager and said that he was after all the
policemen, but he didn't care anything about him. He was very
proud of the raid-proof door that one enters to get to Duke's back
room, and Ruddick boasted that he had shown Duke how to make
this rig, which is as near raid proof as possible. It is guarded by a
peep-hole, in front of which, on a high stool, sits a colored girl of
about 12 years. It was being guarded while Ruddick, Dickens, and
Duke were drinking. He also said that while Dickens was in the
business up there that if there was anything he could do to help him
he would be glad to'. He spends about half of his time while on duty
at Harry Duke's.
March 20, 1926 : Patrolman Turner came in for his drink.
March 22, 1926 : Patrolman Turner came in for his drink.
March 24, 1926 : About 11.30 a. m. Patrolman Turner came by the
joint, reeling, and in full uniform and on duty. The colored people
in Chapel Street were making fun at him and Dickens took him to
1291 Chapel Street, a colored cook shop and bootleg joint, and sat
him down in a chair in the rear, so that Turner could not be observed
while drunk.
March 24, 1926 : About 12.30 this date Dickens and Darden went
to the restaurant of Billy O'Brien in East Main Street. In the rear,
sitting down, they saw Patrolman Daniel Green, evidently on duty,
as he was carrying the stick. They were there 35 minutes, and
O'Brien sold whisky in front of
March 27, 1926: Investigator Harrington, United States Treas-
ury Department, assigned to assist Blood, reported by telephone
at 10 a. m. that he had carried out oral instructions from Blood to
see Chief Ironmonger, who had sent a note to Harrington's hotel
three days before in which he stated that he, Ironmonger, wanted
to see Harrington. When Harrington arrived at police headquar-
ters he found Ironmonger and Captain Moore in a deep conference.
98 PROHIBITION ENFORCEMENT
Ironmonger called him in, Harrington reported, and said in sub-
stance. " Are you one of those two under-cover men working on the
police?" This was in the presence of Captain Moore, whom Iron-
monger knew full well was one of those on whom evidence of cor-
ruption was being sought. Harrington denied that he was here
under cover, but that he had come down from the North by boat
and was seeing his wife off to her home in Mississippi. Then Iron-
monger said, according to Harrington, " Oh, no ; you are not one of
them. You don't know a thing about it." Later Moore left the
office. Harrington also reported that on Tuesday night, when In-
vestigator Blood was in Washington, Ironmonger and a civilian
staged a wild and drunken party in the Lorraine Hotel, where Har-
rington was staying, with two chorus girls. Ironmonger had re-
vealed his identity to these women and they were quite proud
of the fact they were on a party with the chief of police and invited
people to drink, saying, " You won't get pinched. We are with the
chief of police."
March 31, 1926 : Director of Public Safety Borland, on this date,
came to Investigator Blood's residence at 1055 Cambridge Crescent,
and said that the city of Norfolk wanted the investigation hurried
up, and if we got a half dozen policemen it would have as much
effect on the morale as if we were able to land 30 or 40. Investigator
Dickens was present at this conference because of certain angles which
the Treasury Department was most interested in, and which other
men would have to work. Borland suggested that I get my other
men in at once. As a result of this conference, and Borland's state-
ment that the city manager had placed the situation in his hands,
that he was acting under orders from the city manager. As a result
of this a code message was sent to Washington for the additional
men. Dickens 'mentioned some of the existing conditions and Bor-
land admitted that the situation was worse than he had imagined.
Dickens also suggested that the Batimore boats be raided, and
told him how to do it, and made certain suggestions as to who the
best men for this job were. Borland said it was a good idea, but on
leaving — he was at the door — said that he wanted to think it over.
Two days later, when the city manager had assigned Lieutenant
White to make these raids over the head of Borland, White found
Captain Moore and his squad on hand. He said that he had known
that things were not just right and that he and Chief of Detectives
Petty had a conference over it.
Dickens told him of some of the graft deals that Petty had been
mixed up in, which evidently did not make a hit with Borland, who
said that Petty had been his confidant. He also remarked to Dickens
that Blood was cold blooded and that " they all looked alike to me."
This was after he had read my reports which had been submitted to
Washington and to the city manager. As a result of a conference
some days later with the city manager, and learning that Borland had
no right to issue such orders, and that they did not come from the
city manager, Investigator Blood told the city manager that he had
rather not have any more conference with Borland.
April 11, 1926: Between 12.30 and 1 a. m. this date Patrolmen
Lang and English came to the pool room at 1223 Chapel Street. The
door was locked, but they were allowed to enter, and they asked
PROHIBITION ENFORCEMENT 99
Investigator Blood where " Dick " was. Believing they meant
Dickens, Blood took them to the door and sent to John Nimmo's
house next door, where Dickens was. They asked Dickens about
being paid off and Dickens gave English $4 in bills-— $2- for English
and $2 for Lang.
April 12, 1926: Sergeant Sykes and Patrolman Shannon came
around to search the house next door during the morning but found
nothing. After they had left both Dickens and Blood saw Duke at
different times as Duke had told them that Sykes wanted $5 a week.
Duke said that Sykes was sore because he had not been paid. I told
Duke I would bring the money around the next morning. This I
did, Darden and myself driving down to Duke's in Darden's car,
and giving Duke the money. Sykes did not show up again until the
following Saturday. On Saturday morning Duke came to the joint
and gave Darden $5, saying that Sergeant Sykes had sent it back.
About noon Sykes and Shannon again raided the place next door,
doing a thorough job, but found nothing.
April 12, 1926: The joint at 1223 Chapel Street was raided by
Captain Moore, Sergeant O'Brien, and Mossick. Nothing found.
O'Brien started to vault the counter, but Investigator Blood, who was
sitting behind it, told him to come around in back and help himself.
Moore stayed outside for several minutes talking with Investigator
Dickens and then came in. On April 14, 1926, O'Brien saw Dickens
in the courthouse and remarked to him, " What's the matter with that
nigger. Is he going to sleep back there? Gave him all the chance in
the world to dump it and then nearly had to jam him. He must be a
dummy."
April 13, 1926: About 9 p. m. this date Investigator Dickens was
at the drug store at Princess Ann Road and Chapel Street. On
leaving the store he met Patrolman Brown and another policeman
whose badge number is TO. Brown asked Dickens if he knew where
he could get something to drink, as everything was tight around
Harry Duke's and he wanted something. Dickens said that things
sure were tight. Brown asked if the colored boy " Boots " was
around the stable. Dickens asked if he wanted to see " Boots," and
Brown said " Yes." " Boots " was sent to the alley in Chapel Street,
just beyond Princess Ann Road, where the officers were standing.
He talked with them, returned to the stable, got a half pint of liquor,
and went back, followed by Investigator Blood. He gave the bottle
of corn whisky to Brown and the officer whose shied number is TO,
the passing being observed by Investigator Blood.
April 16, 1926: Benjamin Beasley and former Police Officer Wil-
liam Scarborough were at 1223 Chapel Street. On the second trip,
about 11 p. m., they brought some samples of the whisky that Beasley
sells. Beasley recited that on April 15, the previous night, while
he had a load 155 gallons in his place in Church Street that Motor-
cycle Policeman Hutchinson drove through on the fly, on his motor-
cycle, and took $10 from Beasley as Beasley sat in his machine.
Beasley said that his father was in his place at the time and was
quite frightened at the wild-west tactics of the officer.
March 31, 1926 : On this date, shortly after 11 a. m., Patrolman
Hill, on duty and in uniform, and off his post, which was not closed,
to 1223 Chapel Street, drove up in an automobile with former Police
S. Doc. 198, 69-2 8
100 PROHIBITION ENFORCEMENT
Officer Rady and a known bootlegger, Murray by name, and asked
m4 for Darden. Dick came from the rear of the joint, and Hill
spoke to him. Darden then went next door and got three half pints
of liquor, which he took to the machine where Hill was standing, and
passed them in the presence of Investigator Blood and Dickens, who
had just come to the door. Hill, Rady, and Murray were drunk.
April 18, 1926 : On this date, about 12.30 a. m., Patrolmen Lang
and English came into the joint, which was closed. Being Saturday
night it was pay night. The colored employees were being paid off
by Dickens, Darden, and Blood, with Investigator D. D. Mayne,
United States Treasury Department, seated at the restaurant in the
front of the place. Blood took four silver dojlars, and with Darden
walked around in front of the counter. Lang and English came up
to the last pool table and Lang held out his hand for the money,
which was passed to him. Investigator Mayne in the meantime had
come from the front of the building and observed the passing of the
money. Lang and English then stepped to the bar where they had a
bottle of beer each, and Lang took a cigar while English took a pack
of cigarettes. There was a small glass partly filled with whisky on
the bar at the time.
February 13, 1926: Investigator Dickens was in the front end of
Nick Albani's pool room, on Granby Street, opposite the Monticello
Hotel, about 2.30 p. m. Sergeant Marshall, then a detective, came
in front, stood near Dickens. While standing there an Italian that
runs a hat-cleaning place took up a racing sheet and quoted the prices
to some Navy man, and the Navy man placed a bet with this Italian.
Officer Marshall was looking at him at the time, and then walked
out the front door with Dickens. Dickens remarked to Marshall,
" You see that ? Right before your eyes. You have got them dead
right if you want to use them." He said. " Yes ; I have warned
Dick once or twice about this, but he don't seem to pay any attention
to anything I say."
April 22, 1926: On this night Chief Ironmonger and Captain
Moore raided 1223 Chapel Street. This was the first visit of the
chief since the place was open for business and while it was running.
Ironmonger proceeded behind the bar, smelled of empty glasses, etc.,
as I understood he had been instructed to do when the place was
first being built. He then looked at the licenses on the wall. Moore
stood in front of the bar. Moore remarked to me, in Ironmonger's
presence, "Hatton, I'm going to get you." I replied, "That's a
sporting proposition." Ironmonger seemed a bit embarrassed, and
I was afraid that he was going to spill in front of the colored
employees.
April 25, 1926: About 11 o'clock this date Moore and Messaick
arrested Willie James, better known as " Boots," employed at the
stable and pool room at 1221-1223 Chapel Street. " Boots " had sold
two half pints of corn whisky to a white man a few minutes before,
and Moore had picked the man up on Chapel Street and brought
him back to the stable. The white man said that he had paid
" Boots " $2 but received no change back. " Boots " denied this, as
did another white man and two colored men in the stable at the time.
Moore, however, drawing his blackjack, said to " Boots," according
to these witnesses, "You give this man a dollar or I'll brain you.
PROHIBITION ENFORCEMENT 101
" Boots " told him that it was not his dollar but that he would give
up the dollar rather than have his head split open. He gave up the
dollar. Moore told him if he would show him where whisky was
hidden he would let him run for it. " Boots " denied all knowledge
of whisky. While this was going on Messick was searching the
stable. Moore then locked up both the white man and Willie James,
the white man protesting that Moore said he would let him go if he
would point out the man who had sold the liquor to him. In police
court on April 26 (to-day), Moore, Messick, and Crosby testified
against Willie James. All available information is to the effect
that Crosby was not present when " Boots " was arrested.
March 15, 1926: On this night, while on the way for conference
with Mr. Vanderberry, a half dozen seamen, with dunage bags, were
near the front of the combination fruit, magazine stand, and barber
shop on City Hall Avenue. Evidently Dickens was observed, and
he went down the street, and the proprietor came out, spoke to the
seamen, and one said, " You know what we want ; 2 quarts of corn."
They walked away then. Detective Connors was seated near the
door, inside the shop, and should have been able to hear, as well as
Investigator Blood.
[Postal Telegraph — Commercial Cables]
243NSV 43/39 Nite
Norfolk Va April 28 1926
H. T. DAIRS (Davis)
Room, 3-213, Building C, 7 and B Sts. SW.,
Washington, D. C. :
Getting buy commission for have and several am for advise him
information TKKXLMY LXTKVAXL Friday two please move and of
WBVDBGL break move to-morrow success buys PTKKTGML must things
to-morrow heads than for thirteen have commission consultation
with anticipated.
MAYNE.
Have information and buys for thirteen warrants of arrests and
several searches dickens must have 1218 AM commission things break
Friday am getting buys for two more to-morrow consultations with
heads to-morrow Please advise commission for him More success
than anticipated.
[Western Union]
1926 May 4 PM 7 02
FHB 381 53 Collect Govt NL
Norfolk Va 4
E. E. SOLTMANN,
Room 3-213, Building C, 7th and B Sts., Int. Rev.,
Washington, D. C.:
Police trials ended six dismissed three suspended and years pro-
bation Stop Four years probation Stop United States attorney
requests eye stay until Thursday to line up court cases and padlocks
Stop Eight injunctions or more to issue will leave Thursday night
unless otherwise instructed Stop Mac to stay on with his cases.
BLOOD.
102 PROHIBITION ENFORCEMENT
[City of Norfolk, Va. Crescas et terra et mare divitiae tuae. Town, 1682.
Borough, 1736. City, 1845]
CITY or NORFOLK,
Norfolk, Va., May 4, 19m.
MEMORANDUM
Patrolman W. J. Williams, 10 days suspended, 1 year probation.
Patrolman F. H. Turner, resignation accepted.
Patrolman S. J. English, dismissed from service.
Patrolman J. W. Lang, dismissed from service.
Patrolman W. R. Childress, dismissed from service.
Patrolman M. J. Hill, dismissed from service.
Patrolman A. B. Elliott, charges dismissed.
Patrolman H. E. Hutchinson, one year probation.
Patrolman J. L. Stanley, one year probation.
Patrolman el. W. Brown, dismissed from service.
Patrolman G. D. Sands, 1 year probation and 10 days' suspension.
Patrolman D. G. Green, charges dismissed.
Patrolman W. L. Ruddick, one year probation.
Patrolman G. I. Williams, one year probation.
Patrolman A. M. Allen, 10 days suspended, 1 year probation.
Sergt. W. T. Marshall, charges dismissed.
Patrolman F. Phelps, charges dismissed.
SUMMARY OF THE NORFOLK INVESTIGATION
MAY 7, 1926.
The investigation of Norfolk started on March 4, 1926. On that
date I had a conference with Mr. J. W. Hough, Mr. H. A. Vander-
berry, confidential secretary to the city manager, Maj. I. WTalke
Truxtun and Henry N. Dickens, a special investigator for the city
manager, who had been at work for more than a month investigat-
ing the police department of Norfolk as a bootlegging fraternity.
As a result of this conference and other conferences later on, a
combination pool room, restaurant, and soft drink establishment
was opened in a galvanized iron stable, at 1223 Chapel Street,
Norfolk, Va. This stable was built by Dickens, a convicted boot-
legger named Richard Y. Darden, and myself, with the assistance
of colored carpenters. This address in Chapel Street is in the heart
of the colored section; is notorious and is a hard neighborhood, and
dangerous for white men after dark. Darden, the bootlegger who
will come up for sentence in the United States court for running
a still, in this present term, did not know who Dickens or myself
was until April 30, when the city was raided. The city spent the
money necessary to build this establishment. The lumber alone cost
more than $600, the pool tables $400, and other fixtures and labor
a large amount.
Once the place was established, I took it over under the name
of B. L. Hatton and ran it. This proved a most effective blind
into which the big bootleggers^ distillers, rum runners, their hench-
men, and the police walked. Operations were very successful at
PROHIBITION ENFORCEMENT 103
the Chapel Street address until word was passed out by Dennis
O'Brien, a brother of Sargeant O'Brien of the vice squad, that we
were Federal officers. This was about the time that Investigator
D. D. Mayne was assigned to make the big buys and conspiracy
cases. At that time I was in Washington for a conference with the
chief of the criminal investigation division. In spite of this, Mayne
was able to make five separate conspiracy cases, which the United
States district attorney of the eastern district of Virginia, believes
are air-tight. He has 10 other cases for sale or transportation in
the Federal court and six in the State court. There are also several
warrants that have been issued as a result of a clean-up, which
have not yet been served by the United States marshal, but which
should be served within the next few days, as those for whom they
were issued are beginning to show up again in their usual haunts.
I confined my efforts principally to the clean-up of the police
department. It has been estimated that some 40 per cent of the
policemen in Norfolk were either crooked or very lax in the enforce-
ment of all laws. Some of these policemen, of course^ just winked
at the law because they knew that their superiors were not any too
prone to enforce them themselves. Both the Federal prohibition
law and the State act, known as the Layman Act, were enforced
against the sailors and the poor civilian who was caught with a pint
bottle, but the big operators had been left more or less alone. The
graft situation was most grave, the officers selling protection for
as low as $2 a week. Only one police precinct, the second one, was
worked on to any extent in investigation of graft, but the results
obtained there will give you some idea of what the rest of the depart-
ment must have been like. Six policemen were dismissed on evidence
I gathered from that one precinct alone, with three others placed on
a year's probation.
On April 29 I secured from United States Commissioner Percy
Stephenson search warrants for the large operators. That afternoon
I had a conference with City Manager Truxtun and his confidential
secretary, Mr. Vanderberry. They had gone carefully over the police
roster ol the entire department, and from that had picked 17 officers
that they knew to be honest to assist me. That morning Sam S.
Burgess, the prohibition agent in charge of the Norfolk unit, had
met me for the first time, and I had outlined my raiding plan and
told him something of the evidence I had secured. He seemed very
well pleased, especially at the fact that I had made buys in joints
that he had long sought to get and had secured evidence on some of
the higher-ups of the police department. He promised utmost
cooperation of his unit. He had been called to Norfolk by Mr.
Hough. Burgess told me that a day or two before this date, which
was April 29, Prohibition Administrator Fulwiler had issued an
order that neither he nor any of his men could leave their post of
duty and obtain their expenses without consent of the office in Rich-
mond. Mr. Burgess's post of duty is Newport News, Va., although
he is head of the unit with headquarters in the Federal Building,
Norfolk, Va. Burgess has the reputation, both with the court offi-
cials and the United States Attorney and in the underworld of Nor-
folk, as being an honest, hard-working, and sincere agent and his
men untouchable. Mr. Burgess requested that this office, if possible,
104 PROHIBITION ENFORCEMENT
ask Administrator Fulwiler to approve the legitimate expenses in-
curred by him in his taking my order which I gave as a result of a
telegraphic order from this office to come to Norfolk and assist in
these raids. The warrant we issued on April 29, and I took them
home at 9 o'clock on April 30.
Burgess met me with his men and together we went to the cemetery
in Berkeley. There the police officers with their machines were wait-
ing. I proportioned out the raiding squads and gave them their
warrants, with a prohibition agent with each squad and two United
States deputy marshals to serve body warrants for conspiracy. The
raids went oft' without a hitch. The smallest amount seized was one-
half gallon in a joint operated on paper by E. W. Hogge at 650 Main
Street. This place is in reality run by W. T. Belvin, about to com-
mence a year and a day's sentence in the Atlanta Penitentiary for vio-
lation of the prohibition law after his appeal was denied by the
court of appeals. This place has been raided continuously since
Virginia went dry as a State, but never before had whisky been
actually seized there. Belvin's present predicament came about
through selling the late Asher drinks.
The building at 650 Church Street is owned by J. Wesley Murphy,
the biggest and richest operator in Virginia and Maryland and the
man behind the gun in the Baltimore end of this investigation.
Injunction proceedings will be tried on May 11, and Judge Groner
says that he will padlock him for 12 months without the right of
bond. Murphy owns all the outstanding city bonds of Norfolk and
heretofore has gotten away scot free. Through a fake alibi he
managed to get out of a case that Asher made against him for con-
spiracy and personally does not handle liquor himself. I think, how-
ever, that if I worked the Baltimore end I could make a conspiracy
case of it.
At the time we started raiding City Manager Truxtun started call-
ing in these policemen who were to be tried by him on the various
charges which I had preferred. This was so that there would be no
tip-off as to what was going on. Norfolk had never been raided be-
fore by more than one squad at a time, and as a result of using five
squads we caught all of them unawares. In Belvin's case, for in-
stance, they were trying to save the 5 gallons of whisky they had be-
hind the bar, because they knew there was a raid up the street by the
Government, and we came in and caught them after a little run and a
fight.
In two instances it was necessary to shoot in order to retain evi-
dence of prisoners. Detective Dow of the Norfolk Police Depart-
ment, found it necessary to shoot on the premises of John McGowan
on Church Street after the seizure of 80 gallons of whisky. The
colored man who was guarding the whisky, after being served with
a warrant, ran with it, and Dow fired several shots. The colored
man, however, ran into the arms of another policeman, who was on
his beat, and was captured and held in $2,500 by the United States
commissioner, the commissioner saying that his running, alone, after
the policeman fired, was evidence to show his connection with the
whisky. Padlocks, by the way, have been placed on three joints op-
erated by McGowan and the case of Belvin's, after I had gone over
the bar with Agent Burgess, a colored man who had been holding
PROHIBITION ENFORCEMENT 105
hot- water bottles, into which the whisky from the trap was being
poured to save it, ran and Detective Ted Miller, of the personnel
staff of the city manager, Burgess, and myself all fired. My gun
jammed, but Burgess and Miller chased this man several blocks on
Church Street, but ceased firing when he mingled with the crowd
and got away. All prisoners were taken direct to the Federal build-
ing and arrainged before United States Commissioner Stephenson.
Bail was forthcoming in every case. Attached copies of the news-
papers give the names of those arrested and the charges, and they are
accurate.
Friday evening I was informed by Major Truxtun that on the
preceding day he had called in the editors of two papers, the Ledger
Despatch and the Virginia Pilot, and had told them that he had an
investigation under way and that the Treasury Department had
furnished him with agents and asked their cooperation. He had
also called in State Senator Barron, who was the leading wet of
Virginia, and appointed him special corporation counsel. After
this action Senator Barron had taken the charges which I had
preferred at the city manager's request against policemen, had gone
over them, and decided that 13 were approved in any court of law
and that some four others should be tried to clear the atmosphere,
although he was not sure of conviction. He had then turned these
cases over to Ted Miller, mentioned before in this report, who had
made the official charges.
On the 30th, after raiding in town, we went out into Norfolk
County and demolished one still belonging to a colored man, known
as Bama Red. A body warrant has been issued by the United
States judge against this man for conspiracy. At the same time
another squad, lead by Prohibition Agent Morisette and Police
Sergeant Shannon, raided a house in Brambleton, a section of
Norfolk, occupied by a former police officer, seized a 150-gallon
copper still, with every known distilling device attached, a large
quantity of mash, and more than 100 gallons of the finished product.
Bail of $2,500 was asked by the United States commissioner in all
cases, and he is still using that as his minimum, save for those who
were only on the premises at the time of the raid, and fixed $500 for
them.
When the city manager called the various policemen before him
and read the charges against them, he gave them their choice of
resigning or standkig trial, and told them that if they refused to
resign at that time they would have no chance between then and
Monday to get out of the department, but would have to stand trial
then. On Friday night, after the raids, a bootlegger told me that
I and the other agents were going to be dragged behind automobiles
through the streets of Norfolk before we could testify against the
police on Monday. It so happened that this bootlegger had a
broken jaw, or it would have been broken for him. The city man-
ager learned of it, however, and issued an order to the police depart-
ment that they were to take no chance with any known bootlegger
or gangster, but were to shoot to kill. Needless to say, there was no
trouble.
106 PROHIBITION ENFORCEMENT
On Monday the first of the police trials started before the city
manager as a trial board of one, with Senator Barren as his special
corporation counsel, and the regular counsel, Mr. Petross, assisting.
The first officer tried was Patrolman W. R. Childress, who was dis-
missed from the service, and the city manager decided that he would
withhold all findings until after all charges had been heard against
all officers, but in the case of Patrolmen Lang and English, as you
will note by the newspaper accounts, he dismissed them forthwith,,
after the evidence was heard, as a disgrace to the police department
of Norfolk. On Monday most of the men were represented by a
counsel and their hearings were continuous from 2 until 10 p. m.
without a break. There were considerable fireworks in the evening
session between H. N. Dickens and the director of public safety, Col.
C. B. Borland. They had it hot and heavy over things that would not
be taken seriously in the North, but to a southerner are more serious.
This battle, however, was not indulged in by myself in any wayr
shape, or form, as you will note by the newspaper accounts attached.
The city manager had taken virtual charge of the police depart-
ment on Friday, when the raids started, and continued in charge of it
until the day I left, when he went away on a vacation. On Tuesday
afternoon the last of the trials were held before the city manager. I
only appeared as witness before three officers on that date, two of
them detectives. The third was Patrolman Forrest Phelps. Phelps
had been a sergeant at the time he preferred the charges but had been
broken. His raiding squad showed up with 17% pints of corn
whisky missing after a raid on the house next to our stable. Patrol-
man Childress, who had been discharged on Monday, had been a
member of that squad, and Phelps testified that he had left him in
charge of the liquor while he went to an adjoining street to conduct
another raid. Phelps was charged simply because he had been in.
command of the raiding squad and was known to be along. The dis-
missal of Patrolman Childress the day before gave him a very good
loophole to get out. Attached you will find an official memorandum
from the office of the city manager regarding the disposal of the
police cases. I will take them up in the order they appear.
The first one is W. J. Williams. He is a detective attached to
the detective bureau of the police headquarters, Norfolk. He was
given 10 days' suspension and one year's probation. Williams was
charged with throwing a liquor case in police court and with at-
tending a party in the apartment of a womai\ where liquor was
drunk and with which he was charged with having furnished.
Jointly charged with him in the case of giving wrong testimony in
the police court was J. L. Stanley, also a detective; is the pitcher
on the police baseball team and a former big-league player. I also
charged Stanley with being present in a restaurant in East Main
Street in company with Detective A. M. Allen, also tried, and wit-
nessing Allen, myself, and others drink two pints of whisky. Allen
was charged with that offense and also with being drunk the night
before on his own admission to me. Stanley was given a year's
probation, and Detective Allen, who has been 20 years in the de-
partment, 10 days' suspension and one year's probation. The rea-
son that these three officers were not dismissed from the department
PROHIBITION ENFORCEMENT 107
was the fact that on Saturday, May 1, they had g&ne to the city
manager and made a clean breast? and thrown themselves upon his
mercy.
The case of Patrolman F. H. Turner. (I had preferred numerous
charges against Turner, from grafting to being drunk on duty.)
Turner resigned Menday morning, turned in his equipment, and
left the city before he could be apprehended by the police, and there-
fore was not brought to trial, and it is a legal question whether he
could be or not.
Patrolmen S. J. English and J. W. Lang were charged with ac-
cepting $2 a week each for protecting our joint at 1223 Chapel Street
after being raided for liquor. These two men were summarily dis-
missed by the city manager as a disgrace to the service.
Patrolman M. J. Hill was not even given a trial by the city man-
ager, as he was serving on probation. Hill was charged with shaking
us down for liquor.
The charges against A. B. Elliott, a policeman, were dismissed.
Elliott was' charged with being with Investigator Dickens and my-
self and drinking liquor in a gas station where we had purchased
the same in his presence. Elliott, however, on the morning of his
trial, had gone to the city manager, I understand, and cried in his
office about an hour about his paralyzed mother and sisters and
brothers whom he was taking care of, etc. Elliott has a spotless
record and was a former partner of Dickens in the detective bureau
in Norfolk. He admitted on the stand that when he felt he wanted
to take a drink he would, and that he had taken drinks at times,
but denied that he had taken a drink on the date specified. Because
of his previous excellent record and the opinion held by everybody,
including myself, that he was one of the best police officers in the
city, charges against him were dismissed and he was restored to duty.
The case against Patrolman H. E. Hutchison resulted in one year's
probation. Hutchison is a motor-cycle officer. There were two
charges against him of accepting bribes. He was found guilty on
one, but the other and more serious one, where the exact amount
we were unable to prove, could not be tried because the giver of the
bribe, one Ben Beasley, a former policeman, had been arrested on
Friday on a body warrant, charged with conspiring to violate the
prohibition law. Therefore, Senator Barron decided that we could
not try Hutchison on the second case.
Patrolmen J. W. Brown and G. D. Sands were tried jointly with
having demanded and received one-half pint of whisky from a
colored man known as "Boots." Both were found guilty. Brown
was dismissed from the service, and Sands, who has only been on
a short time and who was evidently more or less innocent of the
transaction, was given one year's probation and 10 days' suspension.
I was the principal witness against these two officers, having wit-
nessed the entire transaction.
In the case of D. G. Green : This case was brought by Investigator
Dickens and the charges were that Green was present for over a
considerable period in the bootlegging place of O'Brien, East Main
Street. These charges were dismissed on the plea of Green that he
was obeying orders of the chief of police to inspect the place and to
try to get evidence on it.
108 PROHIBITION ENFORCEMENT
The case of Patrolman W. L. Roddick : Charges against Ruddick
were that he took a drink of whisky in the speak-easy of Harry
Duke, colored, which has now been padlocked by the United States
district court, and that he showed Duke how to make a raid-proof
door, so that no one could break in and get the evidence on him
before it could be destroyed. These charges were sustained. Rud-
dick was given one year's probation, this because of his previous good
character, in fact, he had never before been charged.
Patrolman G. I. Williams was charged with allowing Dickens and
myself to drink one-half pint of whisky in his presence. Williams
acted as his own counsel and got away with one year's probation. I
understand that the city manager has been working up several cases
on Williams where the officer has been most indiscreet. However,
placing him on probation one year on the simple charge we brought
against him has laid him open for immediate dismissal for the least
infraction of rules.
The case of W. T. Marshall was brought by Investigator Dickens
and antedates my appearance in Norfolk. Marshall was charged
with allowing bets to be taken right under his nose when he was
assigned to the gambling squad.
United States Attorney Paul Kear and myself had several confer-
ences, as a result of which padlocks have been placed on the filling
station of Alonzo E. Fentress on the Broad Creek Road. Fentress
is one of the biggest bootleggers in Norfolk and the principal man
handling what is known as county liquor from North Carolina and
Princess Anne and Norfolk Counties for the three establishments
maintained by John McGowan, colored. McGowan is already under
sentence in the State courts for three years for shooting another
colored man and has another Federal case against him. Eighty
gallons of whisky were seized in his bama when we raided his joints,
including the pool room, the one on Church Street, and the joint of
Harry Duke on Chapel Street.
An injunction is pending for a place run by Belvin, in the name of
E. W. Hogg, 650 Church Street, and will be heard before United
States District Judge Groner. Injunctions have also issued for the
gas-service station of Walter Belcher on Charlotte Street, near Mon-
ticello Avenue, Norfolk, in the heart of the city; also a combination
pool room and Italian fruit store on Charlotte Street, run by Nick
Travitis; for a notorious speak-easy at 161 Bank Street, opposite the
corporation court.
There are several other padlocks which were issued as a result of
information turned over by the police and which police officers will
appear in. Judge Groner has on only one occasion issued a padlock
in his jurisdiction, which includes Richmond, I understand.
At Major Kear's request, I stayed over an extra day and discussed
the cases that were made and he seemed very much pleased with the
proceedings and promised speedy trial. He told me that he had great
difficulty with the prohibition administrator for Virginia, who is
located in Richmond, stating that the agents did not make proper
reports about how, when, and where the evidence was seized, but
made their reports as short and with as little information as possible.
This, he said, had handicapped him a great deal in the prosecution
of prohibition cases, and some kind of liaison should be
PROHIBITION ENFORCEMENT 109
between the administrator in Virginia and his United States attor-
ney. Kear's district includes Alexandria and Richmond, Norfolk,
and the principal cities of the State.
Mr. Fulwiler, I am informed, knows very little of what is going
on in his district and gives very little cooperation with the Depart-
ment of Justice: He does visit around when the grand jury meets,
but does not know what it is all about. Mr. Kear requests that this
office, if possible, suggest to Mr. Fulwiler that it might be an ex-
tremely good plan to have Mr. Fulwiler's man amplify their reports
and cases, so that the district attorney will have something to work
on in preparing his cases and not have to wait until the cases get into
court and the agents arrive on the day of trial to know what it is all
about.
Major Kear showed me a sample at random of a prohibition
agent's report, and if they are all like that I heartily agree with him.
This agent simply had stated date, time, place that the still had been
destroyed, that an arrest had been made, the name of the man ar-
rested, and that was about all. Whether the man was at the still, 10
miles away or in Europe was not stated. Whether he was the owner
or whether he was simply an employee at the still was not stated.
Major Kear informs me that that is the way they all come in. Major
Kear also wishes to be brought to the attention of Major Green the
situation in the county. I believe you will remember in one of my
reports that Investigator Hearington was approached by Deputy
Sheriff Chase, stating that if he, Hearington, could be assigned to
Baltimore that they could split $5,000 a week.
Major Kear asks this office that a man be assigned some time this
summer, if possible, to go to Norfolk and to work on the county
situation alone. If the county situation is cleaned up it will be
hazardous to run liquor into the city of Norfolk from either the
county or from North Carolina. I believe Major Kear has discussed
this situation with Judge Groner, and I know that he has written
the Department of Justice about it, but they have passed the buck to
this bureau, as it is purely a prohibition matter. Major Kear would
like very much to make a conspiracy case against these county of-
ficials, and will give every assistance in the world. I think it is a
job that could be cleaned up, with the knowledge we now have of
Norfolk and its environs, within three weeks by a competent man,
and I heartily recommend that some one be put on this job this
summer. Major Kear will give every cooperation, as these people are
laughing up their sleeves at Kear, who has called for their records
numerous times and has tried to get them on technicality.
I discussed on Thursday afternoon the Baltimore situation with
Major Kear, who brought the subject up himself. He said that he
intended to jump the steamship companies the next time a load of
liquor was seized from the boats. I told him that we were already
at work on the Baltimore end and hoped to make a conspiracy case
that would involve the steamship companies. He was very glad to
hear this, and said that he would not then libel the steamship com-
panies and wait until we could complete our case; that he would be
perfectly willing to try it in the Norfolk courts, and suggested that
it be tried in his court, which handles a great many admiralty cases
and whose juries are very good at liquor charges.
110 PROHIBITION ENFORCEMENT
Major Kear, on Thursday, had the steamship Corsica case. The
Corsica was charged with landing 4,500 cases in New York Harbor.
He won this case, secured three years and $5.000 fines. Judge Groner
is supposed to be one of the best admiralty judges on the Federal
bench. Major Kear says that if he can prove any connection at all
with the steamship companies that he will be very glad to seize the
boats and try the cases.
Looking at the Baltimore end from a distance, I think it is a
dreary but easy case to make. It is simply a case of watching and
following the loads; then riding the boat to its destination and get-
ting indictments. I expect that next week shipments will begin to
come in again in large quantities from Baltimore, because the vice
squad has been abolished in Norfolk and our activities are more or
less with men.
As a result of my request to the city manager some three weeks
ago, these boats have been raided continuously and something more
than 1,500 gallons of whisky have been seized on them by the police.
The most of this liquor was destined for Dennis O'Brien, a brother
of Police Sergeant O'Brien, in charge of the vice and liquor squad.
The special squads we had raiding these boats, however, have been
withdrawn and sent back to their regular duties.
After our raids on Friday I continued with the police department
and special squads, making raids on suspected places with search
warrants issued to these policemen. We were very lucky and alto-
gether since Friday until this date something more than 200 arrests
have been made. Of course, not all of these arrests were prohibition,
but were the outgrowth of prohibition. For instance, on the 5th,
which is pay day in the Navy, we raided resorts where sailors were
found to hang out and on finding liquor in quantity would take
everybody present. The result was that probably a great many gobs
to-day have some money they would not have had if we had not been
raiding.
The State Layman Act is very stringent, and if properly enforced
by the police department, which I think it will be now, more or lessr
will come pretty near keeping the bootleggers on the run. I think
this little shake-up will put some pep in the honest policemen, and
with the abolition of the vice squad and the sending of its captainr
M. D. Moore, and Sergeant O'Brien out to count arc lights 10 miles
out of town will have a good effect on law enforcement and espe-
cially the prohibition law in Norfolk.
The lowest fine given in the police court in Norfolk in a liquor
case, which is drinking in public, is $48.50. It does not pay to drink
or have whisky in Virginia if your police department is honest. I
think we are going to get some action now, and I know that we are
going to get all cooperation from the State authorities. The police
department has had its lesson, and Major Truxtun has promised them
that if they go bad again he will go after them again, and every-
body in Tidewater, Va., knows that Truxtun keeps his word. He is
writing General Andrews to express his thanks for our cooperation.
Investigator Mayne will stay there until he completes his cases.
His present address is Central Y. M. C. A., Norfolk, under his own
name.
BLOOD.
PROHIBITION ENFORCEMENT 111
CITY or NORFOLK,
Norfolk, Va., May 11, 1926.
Mr. LEIGHTON H. BLOOD,
'Room 3-213, Building "<7,"
Seventh and B Streets, Washington, D. C.
MY DEAR MR. 'BLOOD: In reply to yours of the 7th instant, I am
furnishing below statistics gathered by Miller in connection with
the recent " activity " at this point in which you were a central
figure.
Figuring in " short pints," which is the standard accepted by local
bootleggers in bottling their concoction, a total of 15,170 pints of
liquor (?) were confiscated at Baltimore boats terminal from April
15 to May 5.
Arrests made on State and city offenses in violation of liquor laws
from April 30 to May 5, inclusive :
20 Layman Act cases Sent on to corporation court.
50 drunks $300, fines and costs.
23 drinking in public charges $1,138.45, fines and costs.
The above does not include liquor confiscated and arrests made
and handled in Federal court.
I assure you it was a real pleasure to have had you and Mayne with
us, even under the conditions which necessitates secretiveness, and I
believe the results secured will have a salutary effect upon both the
police division and organized bootleggery.
Major Truxton has been out of town for the past week, which
accounts for the delay in the letter of appreciation to General
Andrews. I am sure there will be ample praise for the manner in
which you acquitted yourself on this job incorporated in the commu-
nication when it is forwarded.
With kind personal regards and trusting you will not neglect to
call upon me when you are again in this section, I am,
Yours very truly,
I. R. VANDERBERRY.
MAY 12, 1926.
Maj. PAUL W. KEAR,
United States Attorney, Norfolk, Va.
MY DEAR MAJOR: We are sending another man down to assist
Mayne with the matter you mentioned over the telephone and regard-
ing which we also received a telegram this morning from Mayne
himself.
If you can develop some good sized conspiracy cases, involving
people at either the Baltimore or Charleston end, or any other put-
side cities, we shall be very glad to assist you in every way possible.
It will probably be impossible to send any additional personnel at
the present moment, but Mayne and this other man, if the latter is
kept entirely under cover, should be able to get pretty good results.
We hope the entire situation will not be more than 60 days. Will
you kindly advise us by letter just what this job should comprise and
the program which you are outlining for immediate procedure.
Investigator Blood asks that we thank you for your assistance dur-
ing his stay in Norfolk, and we trust this new operation will prove to
be a success in every way.
112 PROHIBITION ENFORCEMENT
Please do not hesitate to advise us at once if conditions are not
going to your liking. We wish your opinion and comment from time
to time and will also be glad to receive any suggestions you may have
to offer. Mr. V. Simonton, counsel to Major Green, chief prohibition
investigator, passes on the legal side of all cases which are prepared
by our investigators in the field. If there is any assistance which this
office might render in that way, I know the counsel's office will also
be glad to help in every way possible.
Yours very truly,
WALTER E. SOLTMANN,
Head, Criminal Investigation Division.
MAY 13, 1926.
Mr. WALTER E. SOLTMANN,
Head) Criminal Investigation Division,
Bureau of Internal Revenue, Washington, D. C.
DEAR SIR: I have your letter of May 12, 1926, with reference to
the report regarding the assistance rendered you by agents of my
department in the recent Norfolk, Va., work. I am glad to know that
the agents of my department made a favorable impression on those
engaged in the work there from your department and rendered
satisfactory assistance.
I regard Mr. S. C. Burgess, my squad leader at Norfolk, as one of
the most efficient prohibition agents that I have come in contact with
since I have been connected with this service. I hope that the recent
work at Norfolk may be helpful to conditions there. I was in
Norfolk and met your men about the time the police investigation
was on and the work there seems to have caused considerable reor-
fanization of the police force of the city. This may produce very
elpful results. Of course, if we could get the active, earnest
assistance of the police force, conditions there could be greatly
remedied. While Norfolk is a seaport town and conditions there are
anything but good, yet the campaigns that have been put on there
within the last two years have remedied the situation right much,
although there is, of course, much yet to be done.
With best wishes, I am,
Yours very truly,
R. A. FULWILER,
Prohibition Administrator.
TREASURY DEPARTMENT,
INTERNAL REVENUE SERVICE,
OFFICE OF DEPUTY PROHIBITION ADMINISTRATOR,
DISTRICT No. — , C. Y. M. C. A.,
Norfolk, Va., May 14, 19m.
Mr. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR: I have the honor to report the following in connection
with the investigation now under way in and about Norfolk, Va.
That I have had several conferences with Maj. Paul Kear, United
States attorney, and with Major Truxton, city manager of Norfolk,
Va., during which times both officials have expressed a desire to
PROHIBITION ENFORCEMENT 113
further the investigation on which Investigator Blood and myself
were employed, resulting in the United States attorney, Major Kear,
calling you on the phone.
Both of the above-named officials appreciate your attitude in this
matter and are giving me full-hearted support.
The United States, attorney and I have consulted with each other,
and, at his suggestion, I have adopted the following plan, after hav-
ing gone over his data, on the situation : That I will follow up the
information which Major Kear has already on the situation, and will
investigate thoroughly the source of supply, of corn and other
whisky coming into Norfolk, aiming to bring Dennis O'Brien, Harry
Short, " Speed " Fentress, and J. Wesley Murphy (the " big three ")
into Federal court on a conspiracy charge. It has developed that
Dennis O'Brien and Harry Short have formed a partnership and
are running liquor together. Murphy is the money and the silent
partner.
Whisky is coming into Norfolk, mostly from North Carolina, in
large quantities (Murphy interests), and from Princess Ann County
(near Norfolk), and most of it is transported through Norfolk
County. Another source of supply is the Dismal Swamp district,
which extends from Suffolk into North Carolina.
The United States attorney, as well as the city manager, is very
anxious to cause the arrest of Sheriff Smith of Norfolk County on a
conspiracy charge, as on investigation it has been shown that this
man is receiving so much per gallon on the greater percentage of
corn whisky coming into Norfolk, and is closely associated wyith
Wallace Mercer, a well-known bootlegger in Norfolk County. The
county judge of Norfolk County is deeply interested in the apprehen-
sion of Sheriff Smith, and has offered his assistance in the way of
informers, who are reliable.
I now have an informer in Carolina and he is a former distiller.
He furnished the " tip " on the Jimmey, which boat we confiscated
with 1,000 gallons of corn whisky aboard on the night of the 12th.
(The city manager furnished the police boat and crew.) This was a
most successful raid.
The United States attorney, with the help of your office, promises
a real prosecution in concluding this investigation, and is advising
me daily on cases where he needs additional information for prose-
cution, and, knowing the country here as he does, and the cases hav-
ing come before him in the past, I am sure there is no one more
familiar with the situation, or is there anyone better equipped, with
his knowledge, to direct as it were an investigation, or my move-
ments, to where they will be most felt by the liquor interests.
A. F. is working on the Short, O'Brien, and Murphy faction in
Norfolk, with a view to connecting them with sales here, and, in
other words, is trying to work into the ring. I believe he will be
successful. I believe I have the right man as an informer for him;
am trying the man out first, to make sure of him. He will introduce
A. F. into the ring.
I will proceed carefully here and will advise you in detail as to
progress made and methods employed so as to be advised by Mr.
Simonton as to legal steps.
114 PROHIBITION ENFORCEMENT
Federal Judge D. Lawrence Groner has also promised me all of
the assistance he can extend.
City Manager Truxton has ordered the police boat and crew to
be in constant readiness and at our disposal at any time, day or night,
for service anywhere we want to use her.
I covered the steamer District of Columbia, the N. & W. Steamboat
Co.'s boat referred to in your conversation with Mr. Truxton yester-
day, and searched the boat and through its freight and was unable
to find any trace of the 20 packages, 36 by 18 inches, referred to, and
am of the opinion that it was diverted as to destination before reach-
ing Old Point Comfort, as is the opinion of Mr. Miller of Major
Truxton's office, who searched the boat with me.
Am working night and day to bring this investigation to a speedy
and satisfactory ending, and will advise you of any changes or of
progress.
Respectfully yours,
MAYNE.
Excerpt from final report submitted by Investigator Blood:
The Norfolk investigation extended over a period of two months,
the city of Norfolk cooperating in the investigation. It ended with
the suspension of 21 police officers, six of whom were discharged for
violations of the prohibition law, to wit, asking for and accepting
bribes; demanding and receiving whisky from known bootleggers;
theft of whisky seized as evidence and drunk on duty. All but two
of the other defendants were found guilty of dnmkeness, allowing
bootleggers to operate or " throwing " liquor cases in court, and were
placed on probation for one year, and in most cases fined 10 days'
pay. Three were members of the detective bureau.
Thirteen bootleggers were held in the United States court for con-
spiracy and sale of liquor. All were big dealers, those selling at the
smallest 5 gallons of whisky at a time. Six other large dealers
were held, as a result of the agents' activities, in the Virginia State
courts for violation of the Layman Act. Body warrants have been
issued for some ten others for conspiracy against the prohibition act
for the operation of stills and the wholesaling of liquor. Eight pad-
lock injunctions — the first ever issued by United States District Judge
Groner in Norfolk — have issued, and been placed on the doors of
offenders. Eighty State search warrants were issued against places
operated by minor offenders of the law, and some 250 arrests (the
exact number is to be forwarded by the city manager of Norfolk to
this office) made. Some of these arrests were for drinking in public,
and for those found in " joints."
During the first day of raiding about 200 gallons, including
" buys " were seized. One 150-gallon copper still and one moonshine
still in Norfolk County were destroyed. At the former 70 gallons of
corn whisky were seized, besides mash. At the latter, a 75-gallon
affair, 34 barrels of mash were destroyed, as was the still, and
warrants issued for the owner and operators, as Investigator Mayne,
with William Scarborough, had made a direct " buy " and also
ordered 150 gallons more.
PROHIBITION ENFORCEMENT 115
The work was all " under cover." The joint was built Dy the city
of Norfolk at 1221-3 Chapel Street, and cost the city some $2,000.
Attached you will find a list of the pool-room equipment, for instance,
which will give you some idea. The city also furnished me an in-
vestigator, and with his aid we built the place with our own hands.
After the plaqe opened the Government took it over and ran it,
thus explaining the payments for cigars and soft drinks. It proved
a most effective blind.
It was necessary to use automobiles to haul the evidence gathered.
For quite a period George G. Deems and his car were used. When
he had contracted all the big distillers that he knew I set Investigator
Mayne in with William Scarborough, a former city detective, turned
bootlegger, and Scarborough, with his car, helped on the rest of the
conspiracy cases. Neither, of course, knew the identities of the in-
vestigators until after the raids were made.
CITY OF NORFOLK,
Norfolk, Va., May 15, 1926.
Maj. WALTON GREEN,
Chief Prohibition Investigator,
Bureau of Internal Revenue, Washington, D. C.
MY DEAR MAJOR GREEN: I trust you will not consider me pre-
sumptuous in endeavoring to convey to you by letter my deep and
sincere appreciation of the service rendered by Mr. L. H. Blood and
Mr. D. D. Mayne in connection with my recent activities to bring
about an amelioration of conditions which have been existing here
for some time past.
The splendid spirit displayed was most gratifying, and only by
such exhibition as was forthcoming in this instance can the Federal,
State, and municipal officers be drawn together, as is now the case
between the representatives of your department and the law-enforc-
ing division of this city.
Mr. Mayne is still here, and I want to assure you it is my purpose
not only to place at his disposal such men as may be necessary to
minimize the expense to the Federal Government but also to have at
his command such marine equipment as may be necessary to carry
to a conclusion the work that he is undertaking.
To this end I want you to feel free to call on me whenever it may
be possible for either myself or associates to be of service.
I trust that I may have the pleasure in the not too far distant
future of conveying to you in person my expressions of gratitude.
With my kindest personal regards, please believe me to be
Cordially yours,
I. WALKE TRUXTON,
City Manager.
116 PROHIBITION ENFORCEMENT
TREASURY DEPARTMENT,
INTERNAL REVENUE SERVICE,
OFFICE OF DEPUTY PROHIBITION ADMINISTRATOR,
DISTRICT No. — ,
Norfolk, Va., May 17, 1926.
Maj. WALTON A. GREEN,
Chief Prohibition Investigator, Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation in and about Norfolk, Va. : That much prog-
ress has been made toward connecting and establishing facts which
will go to prove the guilt of a number of persons who heretofore
have never been charged with or proven guilty of violating the na-
tional prohibition act. That both the city manager, Major Truxton,
and the United States attorney, Major Kear, are cooperating with
county, State, and Federal officers, in an effort to indict the persons
responsible for the wholesale traffic in liquor in and about Norfolk,
Va. That the county judge of Norfolk County, through the efforts
of Major Truxton, has sent a representative into Norfolk to assist
Federal officers, and after an interview with him (R. R. Savage, a
plantation owner of Norfolk County), to the effect that State Prohi-
bition Officers Chase and Nelms, were both implicated in the manu-
facture and sale of corn whisky, together with a Mr. Roundtree,
and a Mr. Wilson, and a Mr. Chase, a brother to the State officer, I
visited the plantation of Mr. Savage, Sunday afternoon, May 16,
and inspected the point on his land where Officer Chase and his
brother were alleged to have operated a still, and which still was
destroyed by State Ofl^er Nelms, assisted by Officer Chase, after its
presence had been reported to Officer Nelms, by Mr. Savage.
It has developed that a feud now exists between Officers Chase and
Nelms, as Chase's brother told me this morning that he would like to
see Nelms get arrested, and at the same time told me how it could
be done.
The East Lake situation remains about the same, but in the last
report I received from there I find that the Federal agents who con-
ducted the raid, of about two weeks ago, at East Lake, did not really
do so much damage to the big operators there. I am in a position
to know exactly what is going on there, and find that the largest
stills were untouched, as it was impossible for the agents to penetrate
into the country where they are, and where they are now operating.
Through Major Kear and Major Truxton and the commander of the
air squadron at the naval base, we are going to photograph the entire
section in and around East Lake, as some of the larger stills are not
even concealed, and on the other hand are openly operating, without
the use of any means of concealment.
Major Truxton is also anxious to establish facts in connection with
certain members of the Norfolk police department as to their connec-
tion with bootleggers, and I am pleased to report that I have the
first real facts to submit, as to one Capt. M. D. Moore, of No. 6 pre-
cinct, N. P. D. It has been reported to me and checked up by me
that Captain Moore was in the habit of being present (usually Tues-
day nights), when the Jimmey, the boat we seized last Wednesday
evening, came into Norfolk from East La&e with liquor aboard her,
PROHIBITION ENFORCEMENT 117
he usually stationed himself at the Purity Ice Cream Co.'s plant
at the head of Taylor's Landing, or wharf. He acted as guard.
In case other police-officers approached the point he would place the
crew under arrest. His brother is now in East Lake, and I can prove
the fact that Captain Moore carried meal and sugar to him when he
was operating a still tiear Norfolk, Va. (Investigator Blood will be
delighted to know this.) I do not plan to make a move on Captain
Moore until I have enough evidence beyond the facts here shown to
indict him.
In my last report I mentioned the cooperation between city and
Federal authorities, and particularly about the police boat, and the
desire of Major Truxton to place the boat at our disposal. On Sat-
urday morning I was present at a conference between Major Kear
and Major Truxton. Steps are being taken to protect the crew of
the police boat, who are regularly assigned to duty on the city fire
boat. These men, an engineer and a pilot, volunteer their services
at present, and in the event of an accident would not be protected
by the insurance, therefore, the additional insurance which Major
Kear is arranging.
In the estimation of Major Kear and Major Truxton, the situation
here and about this district warrants action, and from personal ob-
servation I am honest in reporting the situation to be really serious,
considering the attitude of the State officers, and the added difficul-
ties of opposition from count}' authorities (Deputy Sheriff Smith
faction).
A. F. has made good progress, and has made the acquaintance of
a party here who will in time make him good with the ring. This
can not be rushed. I believe his connections in the South may assist
him here.
I can not be too emphatic as to the seriousness of conditions here,
and both Major Truxton and Major Kear are anxious to have the
situation cleaned up, and wish me to present their compliments to
you.
Respectfully submitted.
MATNE.
TREASURY DEPARTMENT,
INTERNAL REVENUE SERVICE,
OFFICE OF DEPUTY PROHIBITION ADMINISTRATOR,
DISTRICT No. — ,
Norfolk, Va., May 28, 1926.
Capt-. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation conducted by your office in and about Nor-
folk, Ya.
Since my last report to you both Al. F. and myself have been very
busy in establishing connections both in and "about Norfolk, Va.
Am inclosing Al. F.'s report to me, and in addition to it I may say
that he has made the connections essential to the final apprehension
of those persons responsible for liquor traffic here and I have no
doubts as to his ability to conclude his end of the campaign favorable
118 PROHIBITION ENFORCEMENT
to you and to your office, and realizing the difficulties he has encoun-
tered in his work and knowing the caution he must at all times exer-
cise lest he be "uncovered," I am giving him ample time in which to
operate.
As to my activities since last reporting to you I have spent all of
my time outside of my duties in Federal court in running down
evidence of violations in the county and vicinity, in other words, in
getting at the bottom of the manufacture, transportation, and whole-
sale traffic in liquor, making three cases, and seizing three stills, the
last one being this morning, in Norfolk County. This seizure was
conducted by Agent in Charge S. Burgess and the persons arrested
(four) were members of the alleged Norfolk County crowd — B. F.
Waters, Luther Hewitt, W. M. Small, and A. Lawson ; all are white
men, and from this arrest and seizure I hope to establish a connec-
tion with them, and Deputy Sheriff Smith, Norfolk County. Last
night I interviewed a man in Norfolk County, who told me the
time and place where money transactions took place, and during
my patrol, with R. R. Darden, informer, I visited the place where
State officers are alleged to have and to operate a still, at midnight
last night. We are camping on their trail and I can personally as-
sure you that there will be a real arrest and a conviction when we
have them right.
There are at least a dozen stills in operation from which the
sheriff's office (Smith) is benefiting financially; I am checking up
on a report that negroes (prisoners) in Norfolk County jail are
being liberated in order that they may work at the stills operated by
the Chase crowd (Al Chase is a State prohibition officer, and he, to-
gether with his brother Harry . Chase, an ex-Federal prohibition
agent, and one Wilson, and Roneck, a deputy sheriff, are operating
a still or series of stills.
This matter takes time and must be handled cautiously, in order
that the parties interested will not come to know, or to suspect, that
Federal officers are watching them.
Investigator Dickins and myself patrolled to Elizabeth City, N. C.,
and vicinity recently, in an effort to obtain facts as to transportation
of liquor via boats to Norfolk. I have an informer at Elizabeth
City and at Coinjock, N. C., a canal port, who both keep me posted
on activities on the canal, baj^, and sound.
Maj. I. W. Truxtun. city manager of Norfolk, issued an order to
equip a car for my use in patrolling and to turn the same over to-
me for official business. It is very essential that I have an automo-
bile in which to make the trips into the country, and without a car
it is impossible to travel or to reach the* points where these distillers
are operating. I feel greatly indebted to Major Truxtun for his
cooperation.
Maj. Paul W. Kear, United States attorney, has turned over his
office practically to me in an effort to cooperate, and with the coopera-
tion of city, Federal, and county (Judge Coleman) authorities I
feel that the investigation will have a greater and more far-reaching
effect. The district attorney's office is preparing padlock proceedings
against many places, and I have been requested in some instances
to investigate charges to obtain sufficient evidence to warrant a.
padlock.
PROHIBITION ENFORCEMENT 119
The Murphy faction feel badly hurt on account of Belvins place on
Church Street being closed, and are fearful of further trouble.
I have established the fact that J. Wesley Murphy was financially
interested in the Jimmy, the motor boat we seized on the canal
recently. (Murphy bought and paid for the engines of the boat.)
Your man, R: H/Simms, reported to me yesterday morning. I
sent him to a colored informer, John Nemo, who will get the desired
information for him. I wired the Virginia State motor vehicle bu-
reau, and received the information that Simms wanted in regard to
automobiles, and gave the same to him.
I now have an informer working for Harry Short, and Dennis
O'Brien, and when the right time comes, both of these men will be
brought in. These men are the biggest dealers in Norfolk, and are
very close to Murphy.
Trusting that this report meets with your approval, also my plan
of action,
I am, respectfully yours,
MAYNE.
CITY or NORFOLK, VA., June 8, 1926.
Capt. W. E. SOLTMANN,
Washington, D. G.
MY DEAR CAPTAIN: Upon my return to the office I am informed
that your investigators in this city contemplate the installation of a
plant at some point in Norfolk County and that Mr. Vanderberry
called you over the phone offering full cooperation of the city, but
explained that we could not afford to place the city in an embarrass-
ing situation with reference to the county authorities.
From reports reaching me, Investigator Mayne and helpers are
daily securing information which will be helpful in getting to those
who are making organized bootlegging possible, but of course on
account of the complicated situation, such potential results will
require time.
You, of course, realize that any assistance the city police render
will be along the line of curtailing the illegal manufacture and sale
of ardent spirits and have no connection with any investigation of
the county police or officials.
Thanking you for your valuable services rendered, and with my
kind personal regards, please believe me to be
Cordially yours,
I. WALKE TRUXTUN,
City Manager.
NORFOLK, VA., June 16, 1926.
Capt. W. E. SOLTMANN,
Washington, D. U.
DEAR SIR: I have the honor to report the following in connection
with the investigation being conducted in Norfolk, Va., and vicinity.
Following your advice and Mr. Simonton's in regard to the method
most advisable for me to employ, in securing information and evi-
dence, I have carefully studied the situation here, and have con-
120 PROHIBITION ENFORCEMENT
suited Ma]. Paul W. Kear, United States attorney, frequently, call-
ing my informers before Major Kear, as well, informing him step
by step as the investigation progressed.
To date I have the following to report on progress made and am
confident that Norfolk County officers, as well as Virginia State
officers, are conspiring with moonshiners or distillers to violate the
national prohibition act, by permitting them to manufacture, sellT
and transport intoxicating liquor, and that these same officers are
being paid for their services to the moonshiners, for protecting them
from arrest, and further than this I am positive beyond a reasonable
doubt that county officers are actually engaged in the manufacture
and sale.
I will outline briefly the system I am using in securing evidence
of the above violations:
I am placing my informers in a position to enable them to place
two investigators in a position where they may actually see these
officers being paid for protection, by distillers, and where they may
also make buys on the distillers, in order to prove that the distillers
were actually selling, as well as manufacturing and transporting
liquor. J. Games (colored) and A. Coston (colored), both in-
formers, have gotten into the confidence of four officers, using a man
by the name of King (colored), a distiller, in gaining their confi-
dence and through this colored man will be in a position to place
investigators where they may witness money transactions. King
was given authority by Officer Davis (Norfolk County) to set up
a still on Davis's property; this transaction was witnessed by my
colored informers and during this conversation Officer Davis sug-
gested to my informers that he would take care of them should
they need his assistance in " fixing " things with State officers ( motor -
vehicle patrol, as well as prohibition officers), to take care of them
on the highways, for the consideration of 50 cents per gallon.
My informers have approached Officers Jones, Chase, WilsonT
and Roundtree, and are known to them all. They, the informers,
however, will not engage in the manufacture, sale, or in the trans-
portation, but will remain in the good graces of their friend King,
who will gladly sell corn whisky to the two investigators, who
through the informers (colored), will be vouched for, and can
witness the " pay off " of the officers.
The informers have stated to the distiller, King, that their em-
ployers are white men, and have made arrangements for King to
introduce said employers, who will be Al. F. and myself.
I am not going to rush this end of the program, as it might excite
suspicion on the part of the officers or of King. King is to set his
new still up on Davis's property to-morrow or next day. One of
the informers may be compelled to assist him in starting up, in
which case I believe he should do so, in order to retain the confidence
of King. But under no circumstances, will I permit him to place
himself in a position where he might be prosecuted. He will, how-
ever, have to spend considerable time at the still operated by King
in order to ascertain the time and place where the " pay off " is
made. Three dollars has been set by Officer Davis as the sum to
be paid him per mash barrel by King every time King mashes in
for a run.
PROHIBITION ENFORCEMENT 121
The officers are not in the least suspicious of a colored man or of a
white man when the negro is employed by the white man, therefore,
in view of past experiences in Norfolk, I am going about this matter
especially carefully. And knowing that the proposition is a very
delicate one to handle, I am not rushing the colored informers.
At this hour btoth informers are with King, probably at Lucase's
colored road house, near Norfolk, which also is protected by Norfolk
County officers.
The above situation covers all territory and officers working north
and west of Norfolk.
I have neglected to state that before and immediately after a run
is made at any " protected " still, the officer granting the protection
inspects the mash and after the run the corn whisky in order to check
on the distiller as to whether he is being treated fairly, which will
enable me to place myself and another investigator where we may
see the officer enter and leave the still, which will give us additional
evidence that the still is being protected, and as the case is nearing a
close and arrests are near, I intend to seize a still, arrest the distiller,
and use this arrest and seizure as evidence against the officer,
charging him with conspiracy, together with the distiller.
On the Portsmouth side of Norfolk County, which is the most
important end of the investigation, I now have working Informer
Lofton Denning, who has made a statement before Major Kear as
to his personal knowledge of affairs as regards the Norfolk County
officers and Virginia State officers, and from actual contact stated
that Officers Chase, Wilson, Roundtree, and Nelms were conspiring
with distillers to violate the national prohibition act, and were en-
gaged in the manufacture, sale, and transportation, directly and
indirectly, and that he had proof of this.
Denning is now working with Al F. on the Portsmouth side, and
I am inclosing his report for to-day.
The still operated by the Officer Chase crowd is reported to be of a
150-barrel capacity and is worked by negroes; however, the officers
visit the still in order to check up on the output, not trusting the
negroes in doing this, and while they are present, and during the
time of operating the distillery (running the mash), officers are sta-
tioned at all points where it would be possible for other officers who
were not in on their game to cause them trouble.
Denning assures me that he can place investigators there before the
distillers start work, when the place is practically unguarded, and
by so doing I, with another investigator, can actually witness the
officers entering, inspecting, and leaving the still as well as any pay-
ments of money at that time.
I am also informed by Denning that the men at work at the still
are always fully armed, so this end of the work will have to be taken
care of with much caution; however, I am prepared personally for
anything that might arise in the way of trouble in this respect, as is
R. Y. Darden, informer, who has been assisting me for some time,
and through whose efforts I came in contact with Informer Denning.
Darden, it seems, knows every foot of land here as well as most of the
distillers. He is both honest and fearless and would make a very
good man for your office.
122 PROHIBITION ENFORCEMENT
Fenner, as I said before, is operating on the Portsmouth side,
which, by the way, is the most important. He has, even before meet-
ing Denning, made connections there which will help him eventually,
he having been in company for at least two weeks past with well-
known sportsmen in Portsmouth and Norfolk.
In connection with this investigation I have visited the East Lake
district, Elizabeth City, and surrounding country and will have a
4,000-gallon seizure to make very soon as well as to confiscate a large
motor boat, on which the corn whisky will be transported.
Am inclosing a photo of Investigators Blood and Darden with
the 4-foot rattlesnake we killed in the Dismal Swamp last Sunday
while returning from Coinjock, N. C., at which place we secured
information from a Government lock tender as to the boats which
were transporting corn whisky to Norfolk, and who has agreed to
inform me on the activities of moonshiners, as well as transportation
companies using the Albemarle-Chesapeake Canal.
These same boats are searched and passed on by Norfolk County
officers, who charge 50 cents per gallon for protection.
I expect to conclude the investigation in much less time than
anticipated a week ago, as I have made much greater progress than
I had planned. Major Kear has practically turned his office and
his assistants over to me in an effort to cooperate. He agrees with
the plan of procedure so far, and knowing the case in the prepara-
tion I am sure will aid him greatly in the prosecution.
As to the case in corporation court of John Nimmo, I was unable
to transfer the case to Federal court, so yesterday afternoon the
case was called. The prosecuting attorney was as hostile as he dared
to be, as well as was the court, Judge Shacklef ord ; but I succeeded
in having his case fought to a finish before a jury, and, after being
out for about three-quarters of an hour, the jury came in with a
verdict of "Not guilty," much to the dismay of the prosecuting
attorney. So that case is done forever, I hope.
Trusting that you may approve of the lines on which I am pro-
ceeding in the investigation, and that you may believe that I am
doing everything humanly possible to bring it to a speedy and
successful termination, I am,
Respectfully yours,
MAYNE.
NORFOLK, VA., June W, 1926.
Capt. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation now being conducted in Norfolk and vicinity.
In my last report I explained the method employed in securing
evidence of an existing conspiracy between moonshiners and Norfolk
County officers, as well as State officers, to violate the national pro-
hibition act; since reporting to you I have made more progress in
respect to evidence obtained, and through Maj. Paul W. Kear and
Maj. I. W. Truxton I have secured the cooperation of the Norfolk
County district attorney, Mr. A. Corney.
PROHIBITION ENFORCEMENT 123
By appointment, made by Major Truxton, at 1.30 p. m., June 19,
I met Mr. A. Corney, county district attorney, at which time he
requested aid in handling the Norfolk County situation, claiming
that he knew in a roundabout way that conditions were bad and
that for a long time had wanted to get into the matter, but to date
had never been in a position to investigate the matter, at the same
time telling me that he agreed with Major Kear and Major Truxton,
in that if county officers were honest that the flow of liquor into Nor-
folk would be stopped, at least to a great .extent. Further than
agreeing to conditions, as to their existence, and offering the assist-
ance of his court, he told me that he would at once communicate with
you and would, on the part of the county, be pleased to guarantee
at least one-half of the expense of the investigation. He volunteered
this later as a suggestion, and knowing that the expense has already
been heavy, I am of the opinion that it would be well to accept his
offer. He said he would do it in this way : That after the investiga-
tion drew to a close he would draw the funds from the county treas-
ury, and would do so now but for the fact that in order to withdraw
funds he would have to state what use the money would be put to,
and did not think it wise to attempt this until the investigation had
drawn to a close.
Mr. Corney further requested me to go the limit and not spare
money or labor; that the attorney's office as well as the county judge
were back of the investigation, and would, as I said before, guarantee
the expense money.
I am inclosing a memo, of the money I have used to date, in order
to keep you informed as to the state of my finances and also so you
may feel sure that I am keeping a careful check on every dollar I
am using. At your request I will mail you the vouchers called for
in the account, and my accounts may then be checked up to date.
Please mail me at your earliest convenience an additional $200.
I will need this amount at once, as I am about ready to commence
paying off the county officers and buying corn whisky at the stills.
This proposition is a large one, indeed, and I hope before its close
that you may personally be on the ground or to visit here when
the " crash " comes, as it will be a real one, and in my opinion will
be worth seeing.
Please tell Davis that Major Kear invites him, as well as any of
the office, to visit here for the week end and enjoy a little golfing
with him. I understand that he is no mean host, and believe it will
be time well spent if you and Davis could come together.
Respectfully yours,
D. D. MAYNE.
JUNE 26, 1926.
Mr. D. D. MAYNE,
Investigator.
MY DEAR MAYNE : Mr. Simonton and I were discussing your cases
to-day and feel that you must now be getting to the point where
you are about ready to crash something. At any rate, your evidence
is probably in such form that you are about ready to go ahead in the
very near future.
S. Doc. 198, 69-2 - 9
124 PROHIBITION ENFORCEMENT
In order to avoid any possibility of a slip up when these cases get
to court, and to be absolutely certain that your time and efforts will
be well rewarded by successful prosecutions we want you to get in
touch with Major Kear and go over your cases with him in detail,
outline your evidence fully and show him just how each case will be
presented. In this way you will have the benefit of his experience,
and if there are any final details to be checked up or to be acted upon,
you will be able to do so now and thus avoid any errors which might
arise.
Please take care of this matter as soon as possible and I am sure
you will find that Major Kear will give you every assistance. Let us
hear from you very soon, how you are coming along, and we hope
the money affair will be straightened out as outlined to you in my
last letter.
W. E. SOLTMANN,
Head Criminal Investigation Division.
JUNE 26, 1926.
MY DEAR MAC: Mr. Simonton and I were discussing your cases
to-day and feel that you must now be getting to the point where you
are about ready to crash something. At any rate, your evidence is
probably in such form that you are about ready to go ahead in the
very near future.
In order to avoid any possibility of a slip-up when these cases get
to court and to be absolutely certain that your time and efforts will be
well rewarded by successful prosecutions, we want you to get in
touch with Major Kear and go over your cases with him in detail,
outline your evidence fully and show him just how each case will be
presented. In this way you will have the benefit of his experience,
and if there are any final details to be checked up or to be acted upon
you will be able to do so now and thus avoid any errors which might
arise.
Please take care of this matter as soon as possible, and I am sure
you will find that Major Kear will give you every assistance. Let us
hear from you very soon, how you are going along, and we hope the
money affair will be straightened out as outlined to you in my last
letter.
W. E. SOLTMANN,
Head Criminal Investigation Division.
NORFOLK, VA., July 5, 1926.
Capt. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR : In reply to your letter of the 2d, I am inclosing report
from Al. Fenner on the Tampa situation, as regards certain men
and boats. I am inclined to believe that Fenner could, if on the
ground with your Florida operators, assist in furthering your
aims, as he really knows the situation down there.
Regarding the situation in and about Norfolk, Va., I have the
following to report: That I have been given $200 by Mr. J. W.
Hough, of the Anti-Saloon League, a loan to the county of Norfolk,
PROHIBITION ENFORCEMENT 125
Va., through his office in Richmond. Ya. I was completely stopped,
as far as operations were concerned, for 10 days, owing to lack of
finances, and at the suggestion of Maj. Paul W. Kear, I managed
to obtain the assistance of the Anti- Saloon League. I have ex-
plained in detail before why it was impossible for the county district
attorney, Mr. A., B. Barney, to advance the funds. I received the
$200 last Saturday, and since then have been continually on the
road, reorganizing the forces I had in the first place.
Since Saturday I. through my informers, have approached four
county officials on the protection proposition, and have personally
visited three stills owned by persons now being protected by these
officers.
I have taken all matters regarding the investigation up with Major
Kear, step by step, and he assures me that in following the rules
discussed with you that failure will be impossible. I am constantly
on guard, as to methods employed, so as not to in any way place an
investigator in a position \vhere either he or his office may be criti-
cized. At the present time I have as informers two men (strictlv
under cover), who have paid the county officers off many times in
the past. I had to cause their arrest, in order to make them talk, or
rather to place them in a position where they could profit by assist-
ing the district attorney, before whom they made a full confession
as to their connections, and where at that time they agreed to assist
the department in prosecuting the officers. To date they have re-
ceived and been granted protection from at least six county and
State officers.
I am absolutely sure that I will have a prosecution here that has
to date been unheard of. It will take in more territory than I had
been aware of when I last was in Washington, and daily I am run-
ning into new leads.
I find that I can seize at least 25 stills, 4 of which are operated di-
rectly by County Officers Chase. AVilson, Roundtree, Powell, and
Smith, and assisted by County Officers Jones, Davison, and Carr,
and by State Officers Allen, Nelms, and Facinda.
I don't know how good the county will hold out financially. I
do know that it is going to cost them quite a sum of money.
Am cutting all the expense out that is possible, and am lucky in
having a road house (owned by Porters, the informers whom I
mentioned) , where I can meet the officers on the pay off. This makes
things look more regular to the county officers, who already know the
Porters as being bootleggers. Porter has already offered to take the
stand against the county officers. He offered his services to Major
Kear, but we are not going to use him as a witness.
I can not lay too much stress on the seriousness of the situation
here. It is a situation unequaled anywhere I have seen. I assure
you that I am bringing it to a head as rapidly as possible, and know
that the investigation here will be of credit to you and to your office.
Major Kear told me that both he and Mr. Carney, the county D. A.,
might visit you this coming week. I hope they may.
Respectfully yours,"
D. D. MATNE.
126 PROHIBITION ENFORCEMENT
NORFOLK, VA., July 5, 1926.
Mr. H. T. DAVIS,
Washington, D. C.
DEAR SIR: Am pleased to say that since talking to you over the
phone last week things have adjusted themselves, and I am again
under way, so far as the investigation is concerned. Mr. J. W. Hough,
of the Anti-Saloon League, furnished the funds necessary.
This is really a big thing to handle here, and covers much more
territory than 1 had estimated. The knock-off will be a real one, and
will be really felt by the bootleg interests here.
I believe that Major Kear will call on your office in the very near
future on some important business regarding his district.
Just as a reminder, I am again mentioning Darden, and my re-
quest that he be employed by Major Green as an under-cover man.
I trust that I am not bothering you in continually reminding you
of him. I know he will make good; he already has; and, in fact,
I do not know how the other investigation could have progressed
without his assistance. Had it not been for Dickens blocking him,
he would have made buys on every bootlegger in this country.
Major Kear will tell you personally about Darden if he visits your
office.
And last, but not least, I could stand more money as a salary. Not
knowing what the major has in mind as regards salaries for the
coming year, I do not know just how to approach you or him on this
subject. I will say, however, that a raise will be more than appreci-
ated by me, and I will be grateful for anything that you may feel
you can do for me in this respect
Will be pleased to hear from you personally at any time.
Respectfully yours,
D. D. MAYNE.
NORFOLK, VA., July 10, 1926.
Capt. W. E. SOLTMANN,
Office of Chief Prohibition Investigator,
Internal Revenue Service, Washington, D. C.
Maj. Paul W. Kear. (Report to Maj. I. W. Truxton. A. B.
Carney.)
DEAR SIR : I have the honor to report the following in connection
with the investigation being conducted in and about Norfolk, Va. :
In company with Officer T. Miller, R. Y. Darden, and an informer
I patrolled to Elizabeth City, N. C., and while there called on
our informer, Mr. F. A. Crank, who resides at No. 318 Colonial
Avenue, and was informed by him that Officers Wilson, Roundtree,
Chappell (county), and Officer Chase (State), together with others,
were operating with and assisting distillers to violate the national
prohibition act in violation of the Federal statutes, and he further-
more stated that these officers had of their own, a still now in
operation near Portsmouth, Va.
Mr. Crank, upon being further questioned by Officer Miller and
myself stated that the following men (distillers in the vicinity of
South Mills, N. C.) were paying the above-named officers money
PROHIBITION ENFORCEMENT 127
for protection, Bill Gullum, Julius Forehand, and Harry Ward,
and he furthermore said that Julius Forehand would, if requested
to do so, assist us in permitting us to witness a " pay off."
Both Officer Miller and myself questioned Mr. Crank thoroughly,
and I feel convinced j;hat Mr. Crank is sincere, and from what he
told us I am positive that he is familiar with the conditions in and
throughout Norfolk County, and that he also is familiar with con-
ditions in and about " the hidden city." He has expressed a desire
to assist us in the investigation, and I feel confident that it is useless
to attempt a thorough investigation without first accepting the serv-
ice of a "man who is as well acquainted as this Mr. Crank appears
to be.
In addition to the above offer by Mr. Crank, he told us that he
would be pleased to inform us as to the time of departure of boats
from the vicinity of the hidden city (East Lake), for points north,
which are carrying corn whisky.
Am meeting "Mr. Crank again this morning, Friday, for the pur-
pose of a conference.
Mr. Crank also informed Officer Miller and myself that an ex-
United States marshal by the name of J. W. Wilson, who resides
at Elizabeth City, had come to him and had told him that he, Wilson,
had visited the still operated by Norfolk County officers, accom-
panied by one or more of these officers, and that he had been invited
to return there and to bring Mr. Crank with him. Mr. Crank,
our informer, has agreed to go there with Mr. Wilson, and to arrange
things so as to permit an investigator to go with him.
Respectfully submitted.
D. D. MAYNE, Investigator.
NORFOLK, YA., July 15, 1926.
Capt. W. E. SOLTMANX.
Internal Revenue Service, Washington, D. O.
DEAR SIR : I have the honor to report the following in connection
with the investigation in and about Norfolk, Va. :
Relative to the case made by the United States Coast Guard under
Captain Henderson on which I reported to you last evening by wire,
I have the following to report, that Major Kear, as well as Captain
Henderson, is very anxious to learn more about the men in question,
as to their connections. They have not as yet been bonded, as the
commissioner has set their bond at $1,000 each. Captain Henderson
requested me to request Major Kear to have the commissioner refuse
their bondsmen, unless the bondsmen are men whom the commis-
sioner knows, or if a person not a resident of Norfolk wishes to assist
the men in being bonded, that person must personally appear before
the commissioner, so to assist the United States attorney in connect-
ing the men arrested, with the others who are interested.
Am having the information I now have copied and will mail you
a copy. Captain Henderson turned over all of his information to
me yesterday. This will include the arrest report and all other data
now in the hands of Major Kear.
128 PROHIBITION ENFORCEMENT
As to the investigation being conducted here, I am pleased to
report that everything is progressing as rapidly as can be expected.
Had it not been for the financial tie-up, I would have made much
greater progress.
I am purchasing the first liquor from Norfolk County officers to-
morrow.
To-day Mr. Hough turned $300 over to me with which to purchase
evidence.
I also wish to inform you that one of my colored informers was
shot night before last by one of Harry Short's men. He is a Federal
witness against Harry Short and Dennis O'Brien.
The informer's name is Harrv Duke, and he resides on Chaple
Street, Norfolk, Va.
Major Kear is taking care of the above-mentioned assault case.
. Am at this time pressed for time. Will mail you a more complete
report to-morrow.
Respectfully yours,
MAYNE.
NORFOLK, VA.. July 19, 1926.
CAPT. W. E. SOLTMANN,
Chief, Criminal Investigation Division.
Subject: Report of Investigator Mayne.
DEAR SIR: I beg to report that $100 requested by me was to bal-
ance the accounts of the county with ours, and that I will send you
an itemized report of all expenses in this matter. They were unable
to raise more. I wish to inform you that Major Kerr, Truxton,
Attorney Carney, and a man named Halstead, who has helped us
considerably financially, will be in to see you later in the week to
discuss vital matters.
Things are humming just now, and Al. and myself are getting
freater results and gaining further evidence in closing our cases,
am unable at this time to inform you as to the exact time that we
will close here, and I won't be able to until the return of Major Kerr
and Attorney Carney from their conference with you.
We are just preparing to jam about 25 stills, some operated by
the county law, besides the East Lake district.
Inclosed please find a true story of a former officer of the Norfolk
police who has offered to assist us in this work.
Al. has kindly asked me to inform you that he has not yet received
his June expense check; the same would help him greatly in his
work, as he has been traveling in Xavy circles that have helped him
in getting data.
Trusting that this report will meet with your approval, I remain.
MAYNE.
REPORT BY (FORMER OFFICER) M. J. HILL, MADE JULY 19, 1926
Mr. M. J. Hill, being duly sworn and of his own free will, deposes
and says that he is^a resident of Norfolk, Ya. ; and is an American
citizen by birth; that he has been employed by the Norfolk police
PROHIBITION ENFORCEMENT 129
department, and while in said employ that the following incidents
occurred :
On or about April 15, while on duty as a city policeman on No. 8
beat, No. 4 precinct, deponent found a distillery (not in operation)
in the premises occupied or unoccupied at Twenty-second and Om-
hunclro Streets ; that lie called his captain, William A. Boggs, re-
lating the circumstances to him and received orders to stay at the
still until the owners or operators of the still should approach the
still; that he did stay there until a man (informer) came to him and
told him that Captain Boggs wanted him on the phone. Hill went
to the phone and was told by Boggs that the chief of police had
ordered him, Captain Boggs, to Relieve Hill, and at the same time
telling Hill that the still would be watched by plain-clothes men.
Hill was therefore relieved. Two days later Hill again went to the
still and found that the still had not only been left alone, but was
moved to an unknown point. Mash was also moved. No arrests
were made to Hill's knowledge.
Some time in the month of January the last and while on duty as
a patrolman, Hill had occasion to report the following complaint to
Captain McLean of the second precinct : That Harry Short was deal-
ing in whisky and transporting same on his, Hill's, beat and that
in order to arrest Harry Short he, Hill, would have to have a car;
was informed by Captain McLean that no cars were available, where-
upon he, Hill, offered the use of his car, a Buick roadster, in order to
apprehend said Harry Short, at the same time telling the captain
how he, Hill, was to put the plan over. Hill was then on the station
beat, then No. 5 beat, second precinct, from 7 a. m. to 3 p. m. Captain
McLean told Hill that he would arrange the detail with Sergeant
O'Brien, to be in effect the following morning, at which time Hill
would arrange to arrest Harry Short with a load of whisky.
The following morning Hill reported for duty at the usual time
and was taken off the station beat and was transferred to No. 2 beat,
which runs west of Monticello to Colonial Avenue, north of Onley
Road, to the Norfolk & Western tracks. Sergeant O'Brien gave Hill
this detail by orders of Captain McLean.
A few days later Harry Short met Hill on Granby Street, at which
time Harry Short told Hill that if Hill had left other people's busi-
ness alone and had attended to his own business that he, Hill, would
still be on the station-house beat.
Hill later made a report to the chief of police, stating the true facts
of the case, and the chief told Hill that he would look into the matter.
Hill to date has never heard from the chief regarding the matter
referred to.
Hill has agreed through Major Truxtun to assist the Norfolk police
department as an investigator providing he is reinstated with full
authority.
Hill can buy whisky from Dennis O'Brien, Harry Short, the Sols-
berg gang, Nathan Bromell, Jan Tender, Press Belvin, and can do
business through J. Wesley Murphy through Charles Lowden. Hill
is rated as a discharged officer and has been approached by Harry
Short to handle pint business.
130 PROHIBITION ENFORCEMENT
Hill is in a position to handle Norfolk officers who are now tak-
ing protection money, as well as county officers, through State Officer
Allen.
Hill suggests that he rent the soft-drink stand now occupied at
Twelfth and Branby Streets, and start up in business, as Messick,
in No. 2 Precinct, wouldn't knock off the place anyhow, and would
be a splendid location, being centrally located. Hill also suggests
a place at Ocean View, as at the present time Captain Moore is in
command; also suggests that sergeants should be transferred there
who will take graft; there is but one sergeant of police on duty
there who he is personally afraid of or who will not take graft.
His name is Halschumaker. He is 'absolutely honest.
If the officers suggested by Hill can be transferred to Ocean View,
he, Hill, says that they can be paid off for protecting the place.
Hill suggests that Arnold, (sergeants) Phelps, Blither Sykes,
M. J. Cannon, and Nowtisky be tried out and that he knows that
they will take.
The following should be removed from there as they are honest :
Officers Rhodes and Burkhard.
The following officers should also be moved to Ocean View to be
paid off : Officers Stant and T. O'Neal.
M. J. HILL.
D. D. MAYNE, Investigator.
NORFOLK, VA., July 81, 1926.
Capt. W. E. SOLTMANN,
Office of the Chief Prohibition Investigator,
Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation being conducted in and about Norfolk, Va. :
Inclosed is a true report of findings through Informer Crank, of
Elizabeth City, N. C.
Please note that Norfolk County officers are doing business in
North Carolina. I have been told confidentially that a certain Fed-
eral prohibition agent by name of Morrisette is working the game
with these county officers. I am not at present in a position to prove
this; am simply taking the word of a man by the name of Worden
Reyon that he saw the county officers, Chase, Wilson, and Chappelle
getting paid off at Mr. Bill Culloms's still, and that Federal Prohi-
bition Agent William Morrisette was with them at this time. The
pay-off took place in Bill Culloms's home at South Mills, N. C.
The informer, Worden Reyon, was at that time employed by Bill
Culloms and was actually engaged in the manufacture of corn whisky
and being under age, a minor, his father Mr. Gee Reyon, who went
with me to Elizabeth City yesterday, took steps to get his son out of
the trouble he was getting himself into. Bill Culloms is George
Reyon's son-in-law and is a common no-account white man. He
compelled Worden Reyon to assist him at the still. For your in-
formation and in order that you may more clearly understand the
situation here which confronts me, I want you to believe that these
PROHIBITION ENFORCEMENT 131
moonshiners employ some very " high-handed " methods in the manu-
facturing of moonshine whisky. The county authorities have here-
tofore winked at the situation; the moonshiner has been openly pro-
tected. The liquor has been openly transported from the still to the
city for consumption, and officers have not only conveyed the stuff
in but have actually ridden loads, as well as beat loads. Men have
been killed for interfering or informing authorities. Men have been
framed and have served time in jail for their part in attempting to
break up the gang.
I am in a position to break this up and am employing methods
which heretofore have never been used. I am confident with your
assistance and with the cooperation of Major Kear, as well as Mr.
A. B. Carney and Major Truxton, if he so desires to act, as I trust he
will, I can put on a prosecution that has never been equaled. Major
Truxton can, if he will, break up the graft in his police department,
using the methods I have, upon request, advised him to employ. I
do not at this writing know just what his intentions are. I do know
that while the other police shake-up has its good effects that the men
who are really responsible, the higher-ups in the department, were
not touched. They should be, and as long as Harry Short and Den-
nis O'Brien and others are allowed to run wild the situation will
never be dried up.
Major Kear, as well as A. 'B. Carney, are both very anxious to
prosecute anyone who is a violator of the national prohibition act,
I am sure of this. I have on numerous occasions conferred with
Major Kear, also with Carney. I am truthfully saying that I wish
I were in a position to say that I was sure of Major Truxton's desires
in the respect to his police department, where much of the trouble
lies. Please understand me, however, in that Major Truxton has
never openly opposed me, and in fact I believe after Major Kear gets
through in his conference with Major Truxton that he and I both
will have a better understanding of what Major Truxton desired
and wants to do at this time.
In other words Major Kear and Mr. Carney hope to make the
" clean-up " a general one, at which time or at the conclusion of which
we will go to East Lake, N. C., with as quad of picked men and arrest
the Norfolk men and others there who are the real operators of the
stills and at the same time break up the stills. I am making a map
of the entire layout there. I am furthermore in a position to make
a direct buy from the biggest distiller in that district, a Mr. Brick-
house, of Norfolk.
I hope that you may pardon me for my seeming neglect in not
making my reports more punctually. It has not been intentional I
assure you. The truth is, that I have been working night and day
on this proposition, sparing no personal work or loss of rest. I have
wanted to make this investigation a real one, and am convinced
that I can.
I have already one direct buy of 5 gallons of corn whisky from
County Officer Powell, for which the sum of $20 was paid.
In my wire of to-day I requested to know if I may expect the $100
which you told me would be mailed at once day before yesterday.
132 PROHIBITION ENFORCEMENT
Please treat this letter or report confidentially. I do not want
Major Truxton to know everything I am proposing doing at present
until he shows his hand. Do not blame me for being cautious. I
believe in Truxton, but do not think it wise to go too far with anyone
until I am positive as to how they stand on the question. Major
Kear and Mr. Carney are the ones at present to whom I am report-
ing, and until Truxton is really " in " I am not confident in him, not
because I haven't faith in him either, but because I do not think it
policy to do so.
D. D. MAYNE,
Prohibition Investigator.
AUGUST 2, 1926.
Memorandum re Norfolk.
Major Kear, United States attorney at Norfolk, telephoned Mr.
Simonton to-day regarding my letter to Mayne, which was to the
effect that all cases must be crashed immediately in order that Mayne
and Fenner may be withdrawn for an assignment which we consider
of greater importance at the present time.
Major Kear brought out the point that some of these cases might
collapse if they were crashed immediately, but definitely promised to
be able to release both men by Monday, August 16. On the basis of
this statement Mr. Simonton therefore agreed that the two men
should remain for this additional period, but that they must be
released without fail by that time.
W. E. SOLTMANN,
y Criminal Investigation Division.
NORFOLK, VA., August 11, 1926.
From Investigator D. D. Mayne.
To Capt. W. E. Soltmami, office of chief prohibition investigator;
Maj. Paul W. Kear, United States attorney; Mr. A. B. Carney,
district attorney, county of Norfolk, Va.
Subject: Investigation of Norfolk County officers and State prohi-
bition officers and Federal prohibition officers.
1. Officer Powell. Sale of 5 gallons of corn whisky, July 16, for
sum of $20 ; buy made by Officer Deans, Norfolk County.
2. Officers Chase, Wilson, Ronnick. Accepting bribes and conspir-
ing with Bill Culloms, of South Mills, N. C., to violate the national
prohibition act, together with Federal Prohibition Agent William
Morrisette. Witnesses, Worden Reyon, George Reyon. (Am gather-
ing further evidence, through investigator No. 2 ; not having money
with which to make buys, I am held up on case.)
3. County Officer Castine, Norfolk County. Investigator No. 2
purchased 1 pint of corn whisky from the man employed by Officer
Castine. The man professed to be operating a still also for this
officer ; same man agreed to make investigator acquainted with Officer
Castine, at which time investigator has arranged to purchase 5
gallons of liquor from Castine personally. (Case held up account
lack of funds.)
PROHIBITION ENFORCEMENT 133
4. County Officer Powers, on road to North Carolina, agreed to
assist investigator in transporting liquor from South Mills, N. C.,
to Norfolk, Va., by harboring investigator's car with a load of liquor
on board; also if interfered with on the road by Federal officers to
declare the investigator's car and the investigator under arrest, for
which service he* woMd expect to be paid. (Case held up for lack
of funds and sufficient time, as it would be necessary to purchase a
quantity of whisky to transport.)
5. County Officer Ronnick. Can get this officer lined up through
Officer Powers in same way, having Powers call him up and having
him, as well as Castine, meet the investigator on the road after
leaving Powers. Have party to make the introduction.
6. County Officers Davidson and Carr, Norview district, had agreed
to permit investigator and informer to set up still on their land for
the consideration of a sum of money or for $3 per barrel in mashing
in; also agreed to protect same men on the road. (Case held up;
cause, unable to raise finances with which to pay off these officers.)
7. County Officers Grimes and Jap. Miller. (Investigator has been
approached by man employed by Grimes to purchase liquor from
Grimes and to pay him for protection as well. Officer Miller can be
reached through Officer Grimes, as Grimes is his partner on the
road. Grimes makes his own liquor, some of which he sells us —
however, confiscated liquor. (Case held up account of lack of funds
with which to make buys and to pay off officers above mentioned.)
Officers above mentioned are both manufacturing and selling.
8. Officer Brown, Princess Anne County. Investigator purchased
2 pints of corn whisky from him August 10, at about 3 p. m. ; was
at this time introduced to the county cleric; was told he could pur-
chase all the whisky he wanted with protection to Norfolk city line.
Respectfully submitted.
D. D. MAYNE,
Investiqator. Internal Revenue Service.
NORFOLK, VA., August 16, 1926.
Capt. W. E. SOLTMANN, Washington. D. C.
DEAR SIR: Confirming our conversation of this date in your hotel
in Norfolk, Va., relative to my present assignment, as regards the
duties which I must perform and the manner in which I shall per-
form them, I have the following to report : That following your in-
structions, I will confine my activities to the Norfolk County situa-
tion, working on that conspiracy case, and that I will not in any way
become sidetracked as to my mission here and will furthermore re-
port any and all other violations, which may be of no interest to the
case in question, to the United States attorney, placing that informa-
tion at his disposal, to be used as he may see fit to use it.
I will furthermore be governed entirety by the United States at-
torney as to the amount of evidence and the class of evidence needed ;
that lie, Maj. P. W. Kear. will check up on the evidence which I will
present to him step by step, and he will, therefore, be the one to de-
cide when, in his estimation, as the Federal prosecutor, I have ob-
tained sufficient evidence for a trial of the case.
Trusting that I have clearly understood you and your orders, I am,
Respectfully yours,
D. D. MAYNE.
134 PROHIBITION ENFORCEMENT
AUGUST 17, 1926.
MY DEAR MAC : Inclosed find check for $500, which is being for-
warded to you to-day by special delivery.
In accordance with the decision reached at our conference on Sat-
urday morning, August 14, at the Hotel Monticello, it is distinctly
understood that this money, together with the $500 advanced to
you through Major Kear, is to be used only in connection with the
conspiracy case involving county and Federal officers, as well as any
other officials who may be implicated. A certain amount of this
money is to be used to continue the services of your informers in
order that they will not divulge any information before the final
knock-off, but the balance is to be used for evidence only.
You are instructed, furthermore, to consult Major Kear on all
phases in the development of this 'case and to be guided by his
advice. His word will be final as to the evidence necessary. It
will then be necessary for you to procure this evidence through the
two men who will be working together.
All additional information pertaining to stills, general conditions,
etc., will be turned over in detail to Major Kear for such action as
he may care to take. It is hoped that these instructions are now
clearly understood and that this confirmation of the result of the
conference of last week will define our policy clearly with relation
to this case.
W. E. SOLTMANN,
Head, Criminal Investigation Division.
NORFOLK, VA., August 26, 1926.
Maj. PAUL W. KEAR,
United States Attorney, Norfolk, Va.
DEAR SIR : I have the honor to report the following in connection
with the investigation in and about Norfolk, Va., as regards the
Norfolk County and Virginia State officers and Federal prohibition
officers.
Following our conference of the 24th, at which time I informed
you of a probable leak as to the operations of investigators with me,
I sent Investigators Hoover and Picchione out with informers and
am satisfied that while there are rumors to the effect that Federal
men are operating here, that there is nothing concrete as to any-
thing definite being actually known by these officers as to our actual
operations, and I have had Investigator Hoover interview the Lup-
ton connection at North Landing with reference to having Mrs.
Lupton arrange to make our men good with the officers. Mrs. Lupton
has agreed to do this, which causes me to seriously doubt the state-
ment of Investigator Picchione, in which he stated that he was
positive that the officers under investigation were familiar with our
operations. I do, however, admit that the investigation and whole-
sale clean-up instigated by Major Fulwiler has done us a world of
harm. I mean to have Fulwiler on the carpet for having interfered
with Federal investigators, as well as Agent in Charge Burgess,
PROHIBITION ENFORCEMENT 135
So far I have experienced enough opposition from Federal agents,
and I hope to make them all show cause why I have been inter-
fered with. To say the least, it shows very poor sportsmanship on
their part.
At this time I firmly believe that the investigation will be a real
success. I, with the investigators here, am sparing no time or work
to bring this investigation to a rapid and satisfactory ending. I
trust that you may believe this.
This p. m. Investigator Hoover is making a direct connection with
ex-Sheriff Smith and Officers Chase, Wilson, and Ronnick.
I will try to see you Friday morning for a personal interview.
Respectfully yours,
D. D. MAYNE.
P. S. — I learned yesterday that Investigator L. H. Blood has writ-
ten Officer Ted Miller, of the Norfolk city police. I saw his letter,
in which he informed Miller that he, Blood, was at this time working
in Detroit, Mich., and that Informer (colored) "Hap" Costoii was
working there with him on an under-cover job; he also told Miller
that Investigator Joseph Claffey was working there with him.
Coston was sent to Washington by me, as per orders of Capt. W. E.
Soltmann. Coston's home is in Norfolk, and has assisted me here
in the past.
The letter written by Blood is in direct violation of the rules set
down by my office.
MAYNE.
NORFOLK. VA., August 26, 1926.
Capt. W. E. SOLTMAXN, Washington, D. C.
DEAR SIR: I have the honor to report the following in connection
with the investigation in Norfolk County, Va. ; that much progress
has been made, and that Investigator Hoover has accomplished all
that he possibly could in the length of time here employed.
Investigator Picchione reported that he believed that we were
uncovered as to our motives here and that he thought it best for him
to leave here. I had Investigator Hoover investigate the rumor and
found that the activities of agents under Major Fulwiler and Brugess
were responsible for the apparent tightening up of the situation here.
It 'happens, unfortunately for us, that Fulwiler, the prohibition ad-
ministrator here, has kicked off with a sweeping raid over Norfolk
County. I can not tell you in words how much damage it has caused
me here. I am too hot under the collar to talk it over with Fulwiler
or with any of his men, either. I have taken the matter up with
Major Kear.
I will report to you more fully to-morrow.
Respectfully yours,
D. D. MAYNE.
136 PROHIBITION ENFORCEMENT
THE MONTICELLO,
Norfolk, Va., September 3, 1926.
Mr. DAVID D. MAYNE,
Prohibition Investigator, United States
Treasury Department.
DEAR MR. MAYNE : The following report is submitted covering my
work on the case at hand up to date. No report has been made by
the undersigned as yefon this case, as the time required could not
be spared.
On August 18, 1926, I arrived in Norfolk, in response to a long-
distance phone call from Washington, D. C. I went at once to the
Southland Hotel to wait for your call. After conferring with you
in re the case here, I left with Investigator Pichione in his car for
Deep Creek, Va., in an effort to at once begin my operations. Here
I met a man by the name of Campbell, who operates a filling station
on the Portsmouth-Deep Creek Road; a man by the name of Good-
win and his son, who live on the Canal Bank Road, on the Virginia
side of the North Carolina line; and a Mr. N. Powers, who is an
officer of the law and operates a filling station on the Canal Bank
Road. I also met a man by the name of Jackson, who has a farm
in North Carolina between the line and South Mills, N. C. He is
operating a still somewhere on his property.
Several trips were made to this territory, and on the night of
August 21, 1921, we, accompanied by Goodwin and his son, went to
South Mills, N. C., and met Jackson. He instructed us to proceed
to his farm and he would join us there. This he did, and he at once
brought out a 5-gallon jug of corn whisky and offered us all drinks,
which we accepted. We asked to buy the jug, but he said that all
he had on hand at the time was already bought and that he was
waiting then for the man to call for the stuff. He offered to take
us to some one who had some, and we went to the farm of a man
by the name of Trotman, who had with him one of his partners, a
man by the name of Butts. They stated that they had just sold all
their stuff except one 5-gallon jug of peach brandy, which they
offered to sell us for $15. This we agreed to buy, and they left,
instructing us to return to Jackson's farm, which was next to him,
and he would bring the jug there. This deal was finished, and we
left for Norfolk. In the afternoon Investigator Pichione had given
Officer N. Powers a $5 bill for protection, stating that we had run
a load the night before. Officer Powers told Pichione to put the bill
in his pocket, which he did. This same officer had told us a day or
so before that if we were chased by the Federal men that we could
drive up and park our car with the load in his garage at the filling
station.
On our way back to Norfolk with the jug that night we stopped
at the filling station operated by Campbell, and there we found
Officers Wilson and Chase. They did not leave the store to look at
our car, and we left in about a half an hour.
The next day, Sunday, we again visited the filling station of
Campbell, and Campbell approached us, saying that he would ad-
vise that we get in with the law, as they were of the impression that
we were running corn. He said that Wilson and Chase were very
PROHIBITION ENFORCEMENT 137
good fellows, and that Officer Wilson had told him to speak to us
and fix things up. We informed him that we would be very glad to
meet the men, and if sure that they would play the game square we
would be willing to pay them their price, if within reason. Campbell
also stated that if we fixed things right with these two officers, then
if any other State or county officer caught us all wTe had to do was
to ask to be taken by the filling station and we would not go to the
jail house.
Campbell said that the law got wise to us, as one night they spotted
a gallon brown jug in the rear of the car, and that after we left that
night they remarked about it. Campbell offered to see the officers and
fix things up for us and that we could meet Officer Wilson in the
morning.
The following day we went to the station run by Campbell, and as
we drove up we received a rather cold reception. We inquired the
trouble and were informed that Wilson had given him hell for asking
us to see Wilson about protection and for him never to do it again.
He stated that all the officers were at court that morning at the trial
of the Wilkins brothers, who were held for shooting at the officers
some time before.
We left and proceeded to the filling station run by Officer Powers,
and found that the same condition existed there. The place was
deserted, except for Powers and a man by the name of Lynch, who
conducts the business of the store. Powers called Pichione over to
the counter and informed him that he was very sorry for what had
taken place, and that he did not have to take anybody's money, as he
had made plenty, saying that he owned a large farm and more land
than he could take care of. He then took out a $5 bill from his bill fold
and put it in Pichione's shirt pocket, saying that he did not care to do
business with him. He also said that as far as running whisky was
concerned, he would never bother us, but advised that we should
never stop there with any liquor any more. He said that he knew
who we were and that he knew our right names, which he did not
offer to state.
The following morning, Investigator Pichione went to the filling
station of Campbell's, and there met Officer Wilson. They sat in the
officer's Ford coupe and had a long talk, in which Wilson stated
that if he was going to give anyone protection it was going to be for
something worth while. He stated that he worked in connection
with Officer Chase, who was the daddy of them all, and that they
did nothing without first consulting him. He advised Pichione to
see Chase, and if he said all right, it would be O. K. with him.
Wilson further stated that Investigator Mayne had two men
working over there, and that one of them was an Italian, and that
this information had been given him that morning at court in Ports-
mouth, Va. He said that he was not taking graft money, as he had
a wife and daughter to look after, and if the other boys were taking
it that was their business. This was on August 23, 192G.
It was then decided to separate, and I took as my partner, Fred
Olson, informer. We proceeded to the .farm operated by one Joe
Lupton and his wife at North Landing, Va. This was on August 25,
1926. Here we had a talk with Mr. and Mrs. Lupton about the con-
ditions around there and the road back to Norfolk. They stated
138 PROHIBITION ENFORCEMENT
that their territory was in charge of Officer Grimes, and that some-
times Officers Powell and Roundtree came over that way. They had
seen Officer Chase on but one occasion. They stated that all last
winter they paid Officers Powell and Roundtree about $200 a month
for the protection of their two stills, and Officer Grimes from between
fifty and one hundred dollars a month. They stated that they were
not running at full blast now and were not paying regular. They
stated that they had not paid Grimes since last April. They also
stated that one night they carried over $200 to Grimes, and the next
morning they were raided by Officers Powell and Roundtree because
they had fell down on their payments to them. We talked over the
possibility of making a connection with these officers, and the Lup-
tons said that they would try to arrange it. We then purchased a
5-gallon jug of corn whisky from them for the sum of $17.50.
The next few days were spent in an effort to secure a connection
with two State motor-cycle men on the road between Norfolk and
Virginia Beach, without much success, as we were unable to approach
them at this time. They can be reached, though, and it will be
arranged later.
On Sunday, August 29, 1926, Investigator Pichione, Informer
Olson, and hiyself proceeded to the farm of Joe Lupton at North
Landing, Va., and had another talk. I offered to pay their pro-
tection to the officers if it would also include our protection on the
road. This was offered with the understanding that we were to be
furnished with corn whisky at $15 a jug instead of $17.50. Also
we were to be guaranteed that they would make enough for our
needs. This offer was considered, and they said that they would
do all they could to arrange with the officers. We purchased sev-
eral pints of corn whisky there for the purpose of treating them.
On Tuesday, April 31, 1926, Investigator Pichione called at the
farm of Officer Davidson, which is operated by a colored man by the
name of Skinner. Here he purchased a 5-gallon jug of corn whisky
at a price of $22.50. This jug he turned over to Informer Olson and
mvself, and we proceeded to the storage with same. This farm of
Officer Davidson is located off the Cottage Toll Road near Nor-
view, Va.
On Wednesday, September 1, 1926, Informer Olson and I again
visited the farm of Joe Lupton and did not find him at home, but
his wife was there. She stated that she could see Officers Grimes,
Powell, Roundtree, Chase, and Wilson, and anything that she asked
for she got. We stated that we had been running our liquor from
North Carolina, but that things on that road were getting pretty hot,
so we were forced to make a change. She seemed anxious to get our
business, and asked if we would take her entire output if she arranged
for our protection with these officers. This -we agreed to, and she
said that if she did not have the stuff for us she, would arrange for
us to get it from the Mercers, who operate the lift bridge over the
canal at North Landing. One of the Mercers is named Fred, and is
the State game warden. She sent her boy down to the bridge to try
and get us two jugs, but he returned soon and said that they did not
have any just then, but would have some the first of next week. She,
as well as her husband, stated that Fred Mercer and Officer Grimes
were partners in a still, which operated somewhere in Norfolk
PROHIBITION ENFORCEMENT 139
County. They are both positive in their statements that these officers
do not dare refuse any of their requests and are sure that the thing
can be settled satisfactorily to all parties.
Later in the day we called at the farm of a man by the name of
Walter Ballance, on which trip we were accompanied by a man by
the name of Drinkwater, who operated a still on the road to Princess
Anne Courthouse, Va. The farm and still of Walter Ballance is
located at Lands Station, Va. Ballance stated that he had 10 jugs
on hand, but that it was not yet strained, and he had no cotton. He
said that he would get some the next day and could let us have five
jugs. In talking over that officer matter he stated that Officer Fen-
triss was a man that could not be approached. That he was abso-
lutely honest, but that another officer that worked in that territory
«ould be bought. This officer's name has slipped my mind at this
time, but will be included in a subsequent report. He also stated that
this officer was not to be trusted, however, and that he would double-
cross anyone that did business with him. While we were there a
colored man by the name of Owens drove up and offered us five jugs,
but we turned it down, as we did not know his stuff. After leaving
there we decided to leave this alone for a while, as we were trying to
concentrate on the North Landing proposition. We made this trip
so as to make a connection for later operations.
On Thursday, September 2, 1926, we returned to Luptons at North
Landing and met Joe Lupton. He stated that he was going to work
that night and put in a new batch. He stated that to do this he
would have to see the law right away. He stated that he would
go to see them that night and would let us know where we stand.
Mrs. Lupton was preparing then to go to town, and stated that she
was going to stop off at Grimes's house to see him. We purchased
all his stock in order to keep in his good graces. We took 8 gallons at
a cost of $28.
In the evening Informer Van Shelton and I went to Portsmouth,
Va., in order to locate the Wilkins brothers, to try and secure a job
of driving for them, as Shelton knows them personally. We were
unable to locate them, as they had left for North Carolina. We will
see them tomorrow. While there we met Spicer and Dick Willoughby
and John A. Johnson, who are well-known bootleggers. We had a
few drinks of corn whisky together and talked over different things,
but they informed us that they were not paying the law at that time.
That is, Spicer Willoughby and Johnson so stated. They are
partners, and Dick Willoughby operated separate from them." We
then went to the Eatwell Cafe in Portsmouth, which is the hang-out
of the bootleggers, and in talking to a man by the name of Oscar,
who is employed at this cafe, he stated that the man to put us wise
to Officers Chase, Wilson, Ronnick, Casteen, and Chapele was Dick
Willoughby. We were unable to locate him again, and will try
again to-morrow night.
We then proceeded to the filling station operated by Campbell, men-
tioned in this report. Here I had a talk with Campbell, and he
seemed to be very cordial. He stated that all the officers had gone
to town to attend some special court. He also stated that the Wilkins
brothers and Dick Willoughby had stopped there about an hour
S. Doc. 198, 69-2 10
140 PROHIBITION ENFORCEMENT
before, headed toward North Carolina. He asked me to come over
again soon and have a talk with him. As we were unable to proceed
further, we returned to Norfolk.
It appears now as if things were fairly bright at the present time,
but anything may happen. With a fairly good break, we may be
able to close some of the business by the middle of next week.
Kespectfully,
WILLARD A. HOOVER,
Prohibition Investigator.
THE MONTICELLO,
Norfolk, Va., September 4, 1926.
Capt. W. E. SOLTMANN,
Bureau of Internal Revenue,
Washington, D. C .
DEAR SIR: I have been requested by Investigator L). D. Mayne
to write you, advising that he has been so busy that he has not had
time to prepare a report on the situation here. All have been
running on about three hours' sleep a night, and at present things
appear to shape up pretty good.
About a week ago we had things in very good shape, only some-
thing slipped, and we had to start all over again from another angle.
Also, the agents in this territory have been conducting a drive on
stills that has gone a long way to hamper our work. At present
they are all afraid to move for fear that everybody is either a
Federal man or an informer.
Mayne will prepare a 'report around the first of the week and will
forward same to you at once. I am inclosing a copy of my report
dated September 3, 1926, at the request of D. D. M.
Kespectfully,
WILLARD A. HOOVER.
NORFOLK, VA., September 19,
Maj. PAUL W. KEAR,
United States Attorney, Norfolk, Va.
DEAR SIR : I have the honor to report the following in connection
with the investigation in and about Norfolk, Va. :
Following our last interview I proceeded to Elizabeth City, N. C.,
with Investigators Hoover and Darden for the purpose of inter-
viewing " Biddy " Crank, our informer there. We traveled via
Suffolk, Edenton, and into Elizabeth City, N. C., arriving there at
about 10 p. m. (September 17), and were advised by Crank that
our plans had been upset by Federal officers operating under the
orders of Deputy Administrator (Prohibition) A. G. McDuffie of
Fayetteville, N. C., under B. C. Sharpe, prohibition administrator,
of Charlotte, N. C.
John el. London, prohibition agent, was in charge of the raids on
South Mills, N. C., the raids which have upset our plans in South
Mills. Under the last plans made and by agreement with Agent
Snell, who operates in South Mills and who works under the direct
PROHIBITION ENFORCEMENT 141
orders of McDuffie, he, with his men, were to have kept out of South
Mills and to have cooperated with us in giving the moonshiners
the impression that the Federal officers had left that part of the coun-
try to do some work elsewhere. The word had been passed out to
the moonshiners by informers. Everything was working as per my
instructions, and font whisky was being made in quantities, such as
before. South Mills had taken on the old-time appearance of pros-
perity, so far as moonshine industry was concerned. Bump Cart-
riirht had started operations; Arthur Lewis (our informer), who
is Bump's distiller, had started tilings going, and had himself started
a small still to further convince Bump and the rest of the
South Mills crowd that things are now right to start in again. Then
came this raid by Carolina agents under McDuffie.
At, about 11 p. m. of the night of the 17th I interviewed Agent
London. As I entered his room at the Hotel Southern at Elizabeth
City who should I see there and seated with London but " Taylor,"
of South Mills, a distiller, apparently engaged in conversation with
London. London excused Taylor from the room, and I proceeded to
give him hell. He told me that he had been ordered there by
McDuffie; I called McDuffie by phone at Fayetteville, N. C., and
ordered him to meet me at 11 o'clock on the following morning at
London's room at the Southern Hotel. At this time being told by
London that he was not through with raiding in South Mills, I
ordered him and his men to stay out of South Mills, and to tell his
superior that I had personally ordered him and his men to stay out
for the best interests of the service.
McDuffie told me over the phone that he couldn't get to Elizabeth
City on the 18th, but after I told him that he must be there he said
he would. He drove his auto, he later told me, in order to keep the
appointment.
After concluding my arrangements with McDuffie to meet me, and
conversing with London, and being assured by him that he or his
men were at my disposal, I left Elizabeth City with Hoover and
Darden and proceeded to South Mills for the purpose of interviewing
Arthur Lewis, " Bump " (Cartright's distiller and my informer, ar-
riving there at about 1.30 a. m. September 18. I convinced Arthur
Lewis (who had the impression that I had double-banked him) that
I had had nothing to do with the raids, and that the raids were the
result of a misunderstanding as to orders, and I further convinced
him that Federal officers would from that time on cooperate with
me, and I would in turn cooperate with him.
I told him and ordered him to proceed as though nothing had hap-
pened and not to have any fear of any further trouble. He said he
would, but requested me to return to South Mills secretly on the
night of the 18th to interview him, at which time he would inform me
as to just how South Mills felt about starting business again. I
agreed to this request and left him.
I then proceeded to Norfolk, Va., and just as I drove into Deep
Creek I was accosted by Officer William Morrissette (Federal pro-
hibition a^ent) and my car was searched by him for liquor. Accom-
panying him was County Officer Meggs and Officers Chase, Wilson,
Chappell, and Castine, and a bootlegger whom we had met just about
500 yards north of the Virginia line, with three carloads of boot-
leggers.
142 PROHIBITION ENFORCEMENT
Just after reaching the Virginia State line, while driving the car
myself I noticed several auto headlights ahead of me. I slowed
down and stopped, to learn that the persons who were blocking the
road were the Wilkins boys' crowd, all bootleggers, together with a
man whom I personally know to be a bootlegger, and who has just
returned to civil life from having served a sentence in State prison ;
he drives a Chrysler roadster. I do not at this time recall his name.
Their cars were blocking the highway. I ordered them out of the
way. They gave us the road, after which we had a short conversa-
tion. The bootlegger, whom I later met with Morrissette, was there
at the time, and left before I did, and who arrived at Deep Creek
before I did. He was acting apparently under Morrissette's orders,
but to make things look right Morrissette gave him a search. Mor-
rissette questioned Darden, as to who Hoover was. Darden remained
silent, and I told Morrissette that if he required information to see
the United States attorney.
Am I not correct in saying at this time that Federal Officer Mor-
rissette had been ordered out of here by Major Fulwiler? If so,
why is he doing duty here with the " Four Horsemen," as I call the
State prohibition force? This all occurred at about 4 a. m., as I
asked State Officer Wilson for the time. He told me that it was 4.20
a. m.
While going into Portsmouth I ran out of gas. The Wilkins crowd
came along and got me 5 gallons of gasoline for which I paid
them $1.45, at the rate of 29^ per gal. While the Wilkins boy was
loading up my car with the gas, three of the officers who searched me
drove past.
I arrived in Norfolk at 6 a. m.. retired, and got up again at 7
a. m., returning on duty.
I left Norfolk again at about 9.30 a. m., via auto, via Great Bridge,
and reached Elizabeth City, N. C., at 11,30 a. m. I interviewed
Deputy Administrator McDuffie at 12.15 p. m., in room No. 100
of the Southern Hotel. He explained that he had never been given
a complete report on the situation at South Mills, except that Agent
Snell had written to him on it, but that Snell had not requested
him to keep out of South Mills. He swore that he was deeply
regretful on account of having broken into my plans and further
apologized for having done so. He promised me the fullest co-
operation in the future, and requested my permission to get in touch
with the office of the chief prohibition investigator, in order that
he might have the same program carried out in his district. I told
him to do so and that I would really appreciate his assistance in keep-
ing his men out of the scene until the right time came for action. He
told me of conditions in Carolina that closely paralleled this one
here, and suggested that the United States attorney of that district,
Mr. Tucker, who he said is absolutely reliable, get in touch with
you, in an attempt to jail several officers who are cooperating and
conspiring with bootleggers in Carolina in transporting whisky
into the State of Virginia.
I am of the opinion that you are the only district attorney who
has so far been able or who has really shown a disposition to check
the wholesale practice of officers and distillers in their various
methods of cooperating with each other ; I trust that in the very near
PROHIBITION ENFORCEMENT 143
future that with you I may have the privilege of placing the facts
in my possession before my office. I am positive that the conditions
confronting you and the entire Federal department, so far as prose-
cutions are concerned, may be made much easier, that real objectives
may be reached, and persons may be sentenced to imprisonment
together with the officers who are daily conspiring with them to
violate the law.
I believe that the interview with McDuffie will have its good
effects. I am sure of his cooperation.
I returned to Norfolk, arriving here at 7.30 p. m.
At 10 p. m. I left for South Mills, N. C., for the purpose of inter-
viewing my informer, Arthur Lewis, arriving there at about 11.30
p. m. I conferred with him until 2 a. m., September 19.
During our conference he told me that he had again apprehended
" Bump " Cartright on the still business, as well as on having
" Bump " getting the Virginia State and the Norfolk County officers
lined up to take care of Cartright and Lewis on the rpads. Lewis
further told me that Cartright told him that the above-mentioned
officers would not come into Carolina but would do business on the
roads with him and that he, Cartright, was appointed, as it were,
as a committee of one to check up on the other distillers, and that
the above officers would not do business except with Cartright or
Lewis, they knowing that Arthur Lewis is Cartright's head man.
The officers have agreed to pilot Cartright's whisky into Norfolk
or to see that it gets by.
Lewis told me that the investigator could, as before planned, ride
with him and could witness the entire transaction. The investigator
assigned to this duty will, however, have to blacken himself up and
masquerade as a negro in order not to be spotted by the officers.
The reason I was told by Lewis for this is that the officers do not
fear a negro, but a strange white man is greatly feared.
Arthur Lewis told me that he had personally shown Cartright
that things, as he put it, were all right, and after explaining it
to him, Cartright ordered him to proceed. He is to make his first
run of whisky Monday, September 20, and I am to again interview
him on the night of the same day at about 11.30 p. m. Lewis ex-
plained that the raids had hurt the work I am doing, but he said
outside of retarding the investigation by about a week, he did not
think that we had been injured to any extent. I will report to you
personally Monday, the 20th, in the morning.
Respectfully submitted.
D. D. MAYNE.
NORFOLK, VA., September 1
Capt. W. E. SOLTMANN,
Washington, D. C.
DEAR SIR : I have the honor to report the following in connection
with the investigation in and about Norfolk, Va.
Am inclosing report to the United States attorney, Paul W.
Kear, dealing with the situation here. We have encountered enough
trouble and interference it would seem, without the last affair, of
having Sharpe's men butt in on us, do you not think so ?
144 PROHIBITION ENFORCEMENT
I am sure that we may accomplish results however, the more oppo-
sition I have the harder I am going to strike, and to work to accom-
plish the desired results.
A. G. McDuffey, the deputy administrator has something on his
mind, in the way of an investigation down in Carolina. He said that
he was to get in touch with you this week, and request an investiga-
tion of the same nature that we are now employed on. I believe
that he is on the level about it too. He is certainly up against it for
men, especially the t}^pe necessary for the carrying out an investiga-
tion of the nature he has in mind.
Please send our expense checks. I am worse than broke, and so is
Hoover. I can not do a thing without funds, neither can Hoover. I
personally financed him and Fenner until I am absolutely out of
luck myself.
Please see Mr. Dolan personally, and request the commissioner to
O. K. the expense checks. I can not tell you what not having money
means to us here. Hoover is locked out of his room at the Monticello
Hotel, the cause being that he was without funds and could not
meet his bill.
Believe me now, that your cooperation in the way of expense checks
will mean real appreciation from us and better results.
Respectfully yours,
D. D. MAYNE.
DEPARTMENT OF JUSTICE,
UNITED STATES ATTORNEY,
EASTERN DISTRICT OF VIRGINIA,
Norfolk, October 9, 1926.
Capt. WALTER E. SOLTMANN,
Head, Criminal Investigation Division,
Prohibition Unit, Bureau of Internal Revenue,
Washington, D. C.
MY DEAR CAPTAIN : I am in receipt of your letter of the 8th
relative to the still raided by the North Carolina agents. I heard
something about the matter just before I left here for Richmond on
the first of the month. I had received no information that any agents
operating in this section were operating a still or allowing others
to operate stills as a means of obtaining information. The agents
were specifically instructed against operating stills or allowing their
operation in the course of their investigations here.
I expect to see you in Washington on Tuesday or Wednesday of
next week ; that is, on the 19th or 20th. I am leaving here to-morrow
for Richmond and hope to have things in shape there by Monday
night so that I can take the train for Washington.
With kindest personal regards, I am,
Yours very truly,
PAUL, W. KEAR,
United States Attorney.
I have your letter of October 22, with reference to some inquiries
and investigations that Mr. William L. Morrisette may have made
with reference to one of your special investigators, Mr. D. D. Mayne.
PROHIBITION ENFORCEMENT 145
As you know, Mr. Mayne has been located at Norfolk, Va., since
some time last spring. I have had no information with reference
to his mission there other than as it developed from time to time in
statements he may have made to me and the agents of my division
there. While I have thought that some of the methods employed
there were unwise and very detrimental to prohibition enforcement,
at the same time I was of the opinion that it was better that I should
not in any way interfere with the plans of your department or
whoever was responsible for the activities of Mr. Mayne and some
others associated with him.
Therefore, the matter did not interest me to the extent of inquiring
into it or in any way interfering with it until Mr. Mayne saw fit to
undertake to make charges against agents of my division and make
very uncomplimentary remarks with reference to me personally.
As you know Mr. Mayne and some others set up and operated a
bootlegging bar room in the dive section of Norfolk for some time
and as a result of it later a raid was made there in which they asked
the cooperation of the agents of my department and my agents ren-
dered them every assistance possible for which Mr. Mayne and
others complimented them very highly. Mr. Mayne said I had a
very high class set of agents, clean upstanding fellows. I told him
I thought I had known that for some time. I think their report to
you is the same and I had a nice letter from you with reference to
them as I remember without referring to the files.
Later I was advised by the agents of my department that they
had made a raid in Norfolk County and captured an illicit distillery
ancl two operators and that Mr. Mayne came into the prohibition
office the next morning and stated to them that they had cut up his
distillery and arrested his men. Of course this was astonishing news
to me that Government agents were operating an illicit distillery
in that way. However, I took no notice of that as I had no desire to
interfere in any way with their plans and purposes.
Eecently some of Mr. Sharpe's men made a raid in the neighbor-
hood of Elizabeth City, N. C., which is just over the border from
Virginia, and cut up a large distilling plant and several operators
escaped. Mr. Sharpe's men reported that Mr. Mayne and another
agent claiming to hold a commission from your department turned
up at the hotel and advised them that they had cut up their distillery
which they were operating for the purpose of catching Norfolk
County officers and prohibition agents of my department.
They stated to the deputy administrator in North Carolina that
they had some of the officers from Virginia tied up and mentioned
the name of Morrisette as the main man they had tied up. Claimed
they had been paying Morrisette to protect the distillery they had
been running in North Carolina. Also stated that Morrisette had
come down and visited them at the distillery, accompanied by a
woman.
They further made the very nice statement, "We have got old man
Fulwiler with one foot in the ocean where he can not touch land
with the other one." I resent very indignantly any such remarks
by such irresponsible agents, no matter whose department they may
belong to or who may have assigned them. Surely they did not
assign them there to make such ugly remarks about the administrator
of the seventh zone.
146 PROHIBITION ENFORCEMENT
They have done this promiscuous talking about Morrisette, accus-
ing him of criminal collusions and that they had him tied up, and
while I do not know what inquiries or investigations he may have
made, I would not blame him for taking vigorous steps to investigate
their conduct.
I was in Norfolk on official business some three or four weeks ago.
At that time I was advised by my squad leader that he had sent
Mr. Morrisette to the U-Drive-It Co. to hire a car to go on a raid
and that they refused to hire him the car unless he paid for it in
advance, and stated' to him that Mr. Mayne owed them a large livery
bill that they could not collect from him. Of course, I care nothing
about Mr. Mayne's- bills further than I think it is unfortunate that
it should hamper the agents of my department by being unable to
hire a car without paying for it in advance.
I think these facts ought to explain very fully why Mr. Morrisette
might deem it to his personal interest to check up on Mr. Mayne
after he had made such broad criminal accusations against him. He
might feel that it might become necessary for him to protect his
character and his official conduct and that it would be well for him
to look into the movements and activities of men who would bring
such accusations against him.
I think it is well known to all bootleggers and moonshiners of
that section about Mr. Mayne and his business there. As to the
activities, I do not know what he has accomplished or just what he
has on any one other than I must negative the idea that he has
me out in the ocean so I can not reach dry land.
If you desire any further information regarding the matter I
shall be glad to go to Norfolk and investigate this matter and report
fully to you. Really I think it has reached the point where it will
bear investigation and I would be very glad indeed to meet you
there and go over this situation. It might be very profitable to the
department and the good of the service.
R. A. FULWILER,
Prohibition A dministrator.
OCTOBER 28, 1926.
MY DEAR MAYNE: On October 22 you wrote to Administrator
Fulwiler asking for an explanation of the fact that Agent William
L. Morrisette had been investigating the records of the U-Drive-It
Co. in order to check up on your movements. A full copy of a letter
received from Mr. Fulwiler is inclosed and you are directed to
send a full reply to this office at once, taking up in detail the matters
to which Mr. Fulwiler refers.
(Signed) W. E. SOLTMANN,
Head, Criminal Investigation Division.
PROHIBITION ENFORCEMENT 147
DEPARTMENT OF JUSTICE,
UNITED STATES ATTORNEY,
EASTERN DISTRICT or VIRGINIA,
Norfolk, Va., November 5, 1926.
Capt. WALTER E.t SOLJMANN,
Head, Criminal Investigation Division,
Bureau of Internal Revenue, Washington, D. C.
[Personal and confidential]
DEAR CAPTAIN SOLTMANN : Mr. Mayne was in the office on yester-
day, stating that he had come back here to straighten up certain
accounts of his. While he was here he showed me a copy of a letter
he had written you in connection with some letter that had been
received by the department from Major Fulwiler, prohibition ad-
ministrator. I desire to call your attention to two paragraphs of the
letter.
The first paragraph is in reference to the operation of a still by
certain informers working for Mayne. Mayne's original instruc-
tions— and they were not changed at any time — 'vvere that he should
not operate or allow any still to be operated by his informers. In
fact, he was told not to allow any still to be operated where the
operators knew that he or his men had knowledge of the still and
also knew that they were Federal officers. On one occasion it ap-
peared that Agent Griffin had arrested some colored men at a still.
They claimed to Agent Griffin that they were working for Mayne.
Mayne and Griffin came to my office. I told Mayne that he had
disobeyed instructions when he allowed those men to set up a still,
they knowing he was a Federal officer. He stated that they told
him that they were only going to set up a still as a blind and would
not operate the same. I told him that in my opinion he had gone
contrary to the express instructions of Mr. Simonton. I ordered Mr.
Griffin to proceed with the case before the commissioner and have
the men held for the next term of the United States Court. They
were operating the still at the time of their arrest.
The next paragraph in his letter which I desire to call your atten-
tion to was a statement made by him to the effect that I had made
some complaint in Washington relative to Mr. Fulwiler. The state-
ment as made in his letter is entirely incorrect and not based upon
any statement made by me to Mr. Mayne. I don't know from what
source he received any information upon which he could possibly
base any such statement, as I have never filed any complaint against
Mr. Fulwiler or undertaken in any way to have him removed from
office. I have stated to officials in your department that there could
be far more cooperation between the administrator's office and my
office. I further stated that Mr. Fulwiler and I do not agree upon
the class and character of cases that should be worked up by Federal
prohibition agents and brought into the United States court. That
all statements made by me have only been with the idea of closer and
more effective cooperation between the two offices and not with any
effort to have Mr. Fulwiler removed from office or in any way reflect-
ing upon his character and ability. The only question is that Mr.
Fulwiler interprets the instructions and policies of General Andrews
148 PROHIBITION ENFORCEMENT
in one way and I interpret them in another way. If my interpreta-
tion of General Andrew's policy is correct and Mr. Fulwiler is so
advised by those in authority, I am sure that he will endeavor, to the
best of his ability, to cooperate with me. I have not advised Mr.
Mayne of any of these matters and the statement in his letter is
entirely unwarranted and apparently originated in his own mind.
I so advised him when he showed me the copy of his letter. I also
told him I desired the impression that he had given by his letter to be
corrected. Inasmuch as the letter was sent to you and probably has
gone no farther, I am writing this letter so that you might know my
views regarding the same.
With kindest regards, I am,
Very truly yours,
PAUL W. KEAR,
United States Attorney.
DEPARTMENT OF JUSTICE,
UNITED STATES ATTORNEY,
EASTERN DISTRICT OF VIRGINIA
Norfolk, Va., Nov. 19,
Capt. WALTER E. SOLTMANN,
Head, Criminal Investigation Division,
Prohibition Unit, Bureau of Internal Revenue,
Washington, D. C.
MY DEAR CAPTAIN : I am in receipt of your kind favor of Novem-
ber 12, 1926, relative to the cases before the grand jury. I had al-
ready dictated to you a letter setting forth a general summary of the
Blood, Mayne, Darden, Dickens cases, and the results obtained from
the same before the grand jury. Both Blood and Maj^ne stated
that the cases of parties arrested as a result of the investigations
should not be prosecuted, other than the cases where the evidence
was obtained on search warrent. I presented the cases to the grand
jury, because I was unwilling to assume the responsibility without
having knowledge of the facts and circumstances surrounding the
alleged violations as set forth in the warrants for arrest. I had
endeavored to obtain written reports in these cases from both Blood
and Mayne. Each one said that the other should make the reports.
However, after discussing the cases with them I learned enough of
the facts and circumstances to learn that the cases should be presented
to a grand jury who would have an opportunity to hear all the evi-
dence from the Government witnesses. Up until a week or so before
the grand jury met we had only been able to locate the evidence in
one case, that was the Porter case, in which a 5-gallon jug which
had been purchased by Mayne the day the investigation ended.
Shortly before the grand jury met, Mayne advised me he had a box
containing a number of pint bottles labeled to show that it contained
whisky purchased from different defendants. The purchases were
in gallon or five gallon lots. On inquiry as to what had become of
the balance, I was advised that it had either been destroyed or sold
by the employees at the stables.
Furthermore, in my effort to get information regarding the facts
in these cases I was advised of the general situation surrounding
the operation of Blood, Darde, Mayne, and Dickens at the stable.
PROHIBITION ENFORCEMENT 149
This information shows the different parties were drinking, and
that liquor was sold by the drink, by bottle, and was also given
away. Furthermore, that the different ones connected with the
operations were frequently in a high state of intoxication. It would
seem to me that if all these conditions w^ere brought out at a trial
before a jury, th6 defendants would be acquitted, and from the
testimony of Blood, Mayne, Darden, and Dickens before the grand
jury the conditions were really Avorse than I had anticipated, and
it was evident that in the neighborhood of $1,500 was received from
the sale of liquors. Blood testified that the money obtained was used
to pay the help.
This, together with my other letter, will fully advise you of the
situation regarding the grand jury. Regarding Mayne, I would say
that he has always appeared to me to be active and using his best
efforts to carry out the work assigned to him. Of course, there is no
need for nie to repeat the course of investigation for the past few
months, as you are faniiliar therewith. I have thought several
times from the general reports of agents that things were about in
shape to prove a conspiracy on part of various people to violate the
law. However, on a show-down the evidence was not there. You
recall that when I was last in Washington we went over the cases
and boiled them down and thought we would probably have some
cases based on the statements of officers and that of other parties.
I recall that certain affidavits were obtained, among those being that
of Mr. Reyon and his son. The report indicated that these parties
had seen bribe money paid to different State officers, and the elder
Reyon came to the office, and he had no personal knowledge of any
of the alleged conditions. The younger Reyon had never made a
statetnent direct to any investigating officer and would give no state-
ments. The Porter affidavit simply showed that State officers in
making a search of his premises on one occasion took a pint of
whisky therefrom without making an arrest. Criminal action has
not been started in any cases in which Mayne was connected since
Blood left here, as I have held all these matters in abeyance. You
are familiar with the results of these investigations, as I have gone
over the details in those cases with Mr. Simon ton and yourself.
My only complaint of Mayne, he is too apt to take rumor for fact
and relies too much on informers. His reports are general in form,
and while they tend to show many violations, when you endeavor
to get concrete evidence to show in court it is not available. How-
ever, this is a fault more or less general among agents. If there
are any specific matters on which you desire my advice let me know.
I am writing this rather hurriedly as we are very much engaged in
the trial of cases in court.
Sincerely yours,
PAUL W. KEAR,
United States Attorney.
Memorandum — Pool room, Chapel Street, Norfolk, Va.
Lease $000. 00
Fixtures : All paid for by the city of Norfolk except 28. 50
Whisky purchased as evidence and amount paid for incidentals 3G7. 29
Total 395.79
o
69TH CONGRESS 1
%d Session \
SENATE
/Doc. 198
1 PART 2
PROHIBITION ENFORCEMENT
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LETTER FROM
THE SECRETARY OF THE TREASURY
TRANSMITTING
IN RESPONSE TO SENATE RESOLUTION NO. 325, A SUPPLEMENTAL
REPORT OF LINCOLN C. ANDREWS, ASSISTANT SECRETARY OF
THE TREASURY, AND DAVID H. BLAIR. COMMISSIONER OF INTER-
NAL REVENUE; RELATIVE TO UNDERCOVER WORK
OF THE PROHIBITION PERSONNEL
JANUARY 25 (calendar day, JANUARY 29), 1 927.— Referred to the Committee
on the Judiciary, and ordered to be printed
WASHINGTON
GOVERNMENT PRINTING OFFICE
1927
? V^
¥
PROHIBITION ENFORCEMENT
TREASURY DEPARTMENT,
Washington, January 29, 1927.
The PRESIDENT OF THE SENATE.
SIR: I herewith transmit report of David H. Blair, Commissioner
of Internal Revenue, and Lincoln C. Andrews, in accordance with
Senate Resolution No. 325.
Very truly yours,
A. W. MELLON,
Secretary of the Treasury.
TREASURY DEPARTMENT,
Washington, January 29, 1927.
The PRESIDENT OF THE SENATE.
SIR: Supplementing our letter to you of the 25th, we advise that
there has just been brought to our attention a case similar to the
four mentioned hi our previous report. This case was conducted by
assistants in the office of a United States attorney at whose request
a local agent of the special intelligence unit of the Bureau of Internal
Revenue assisted. This operation extended over a five weeks' period
in the fall of 1925 and was then discontinued. The evidence ob-
tained resulted in the arrest and indictment of some 20 persons
engaged in the illegal diversion of industrial alcohol. It is under-
stood the cases will be shortly brought to trial. To give the details
of this operation to the public at this time would jeopardize the
success of these prosecutions.
This brings us to a consideration of the whole subject of law
enforcement as regards the national prohibition laws. The enforce-
ment of these laws presents a problem which the public and the
Congress must consider. Unlike other criminal laws, violations are
not specific and limited to individual cases where only at most a
small group is concerned. The country is faced with numerous,
vast, and continuing conspiracies. It must be recognized that vio-
lations are nation wide in their occurrence and almost without num-
ber. To meet this condition, the Federal Government must con-
centrate its efforts upon the large, well-organized illegal operations
that develop and maintain the sources of supply and the wholesale
distribution. Illegal traffic of this character and on such a scale is
a menace to the stability of well-ordered society and to the common
welfare. The men engaged in this illegal work have practically
unlimited financial resources from the tremendous profits their trade
offers; they are therefore able to get skilled assistance, both legal
and chemical, and to practice corruption of public officials where
J'2 I, ; ^
2 PROHIBITION ENFORCEMENT
corruptible officials can be found. They employ criminals, who often
do not hesitate at murder, to assure the success of their operations.
The advance of civilization means constant warfare between well-
ordered society and the lawless elements. When society is aroused,
aggressive, and well organized, the criminal class is driven to cover and
becomes more or less innocuous; when public opinion is indifferent,
the suppression of the criminal classes becomes ineffective until
the law-abiding classes are aroused to the danger threatening their
social order and the laws are again enforced.
This is a fair picture of the conditions to-day facing the executive
department charged with the enforcement of the prohibition laws.
Conspiracies are nation wide in extent, in great numbers, organized,
well financed, and cleverly conducted. No parallel of this situation
exists in normal times. It is similar, rather, to war. Our efforts
must be nation wide and as thoroughly organized. We are in
particular need of a highly developed department of intelligence to
keep the forces of society informed as to the personnel and methods
used by the law breakers. We can not defeat a force as to whose
numbers, organization, and methods we are in 'the dark. Secret-
service work is as necessary to the successful enforcement of these
laws as it is for the enforcement of the laws against counterfeiting
or similar crimes. Even more important is the existence of a public
opinion which will sustain the morale of the Government agents.
It is neither necessary nor desirable that these agents engage in
any illegal practices or entice others to do so, but it is necessary that
agents be employed who are qualified and do act as spies with the
opposing forces. No one likes the idea, but it is as essential here
as it is in war in order to gain necessary intelligence. Secret-service
methods and undercover men are absolutely necessary if the pro-
hibition law is to be enforced. This is a fact which the public and
their representatives must face. The alternative is lax and ineffec-
tive enforcement of the law. A limited number of Government
employees, every one of them known to the criminal element, operat-
ing in broad daylight and in the view of all, can not hope to defeat
unknown, intelligent, and unscrupulous men, not only highly or-
ganized but constantly developing new channels and methods and
whose operations are necessarily enshrouded in darkness. Without
meaning to justify the individual cases reported where agents have
resorted to questionable methods in order to obtain the organization,
secrets, and the methods of operation of bootleggers, it should be
frankly stated that without the employment of undercover methods
and the willingness of Government servants to become identified
with the law violators in order to unearth their secrets, prohibition
enforcement will be handicapped almost to the point of failure.
Respectfully,
L. C. ANDREWS,
Assistant Secretary.
D. H. BLAIR,
Commissioner of Internal Revenue.
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