Film Noir Friday: The Benson Murder Case [1930]

Welcome! The lobby of the Deranged L.A. Crimes theater is open. Grab a bucket of popcorn, some Milk Duds and a Coke and find a seat.  Tonight’s feature is THE BENSON MURDER CASE starring William Powell as Philo Vance.

Enjoy the movie!

TCM says:

Anthony Benson, wealthy stockbroker, to escape the threats and pleas of numerous friends he sold out in the market crash, motors to his hunting lodge near New York, accompanied by Harry Gray, a Broadway gambler and one of those he sold out. Benson is followed by three others who have threatened to kill him: Adolph Mohler, whose forged check Benson holds; Mrs. Paula Banning, a widow, in love with Mohler, whose assets have been wiped out; and Fanny Del Roy, a Broadway actress, who claims that the pearls held in lieu of Mohler’s check were stolen from her. During a visit by District Attorney Markham and amateur detective Philo Vance, Benson is murdered

 

Film Noir Friday on Sunday Evening: The Kiss Before the Mirror [1933]

Welcome! The lobby of the Deranged L.A. Crimes theater is open. Grab a bucket of popcorn, some Milk Duds and a Coke and find a seat. Tonight’s feature is The Kiss Before the Mirror starring Gloria Stuart (you may recall her as Rose, the old woman in the movie TITANIC), Nancy Carroll, Paul Lukas. Frank Morgan and Walter Pidgeon.

This pre-code mystery was directed by James Whale. Some of his other films include Frankenstein, The Old Dark House and The Invisible Man.

Enjoy the movie!

TCM says:

Paul Held, a noted attorney in Vienna, defends his best friend, Walter Bernsdorf, who is on trial for the murder of his wife Lucy. After hearing Walter’s impassioned description of Lucy’s infidelity and the events leading up to the murder, Paul returns home to his wife Maria. While she puts on her make-up in front of her vanity mirror, Paul recognizes a similarity to the events Walter had described in court, and notices that his wife appears to pay special attention to her make-up for reasons unconnected with her love for him. Paul kisses Maria, and she angrily repulses him, claiming he has ruined her make-up; then she casually goes out. Like Walter before him, Paul follows her and watches as she meets clandestinely with her lover.

https://youtu.be/zv-oC4glJ8w

Film Noir Friday: Shadow of the Thin Man [1941]

shadow-of-the-thin-man-half-sheet-a-small

Welcome! The lobby of the Deranged L.A. Crimes theater is open. Grab a bucket of popcorn, some Milk Duds and a Coke and find a seat. Today’s feature is SHADOW OF THE THIN MAN starring Myrna Loy, William Powell, Donna Reed, Barry Nelson and Asta (his real name was Skippy).

Imagine my delight when I found this on YouTube today.  The person(s) providing the film say they couldn’t find a copyright for it.  I believe they may be mistaken — so watch this immediately!  The Thin Man series always makes me smile, and this particular entry in the series is one I absolutely adore (especially Myrna’s hat!)

If you miss this showing for any reason you’ll be pleased to know that TCM is showing it on December 31st.

Enjoy the movie!

TCM says:

In San Francisco, former private detective Nick Charles enjoys a peaceful retirement with his attractive wife Nora, their young son Nick, Jr., and their wire-haired terrier, Asta. One afternoon, when Nick and Nora go to the races, they learn from Nick’s old friend, Lieutenant Abrams, that a jockey named Gomez has just been fatally shot. In the jockey room, Nick’s police and reporter friends think that he is on the case, but he insists that his detective days are over, even when one of the jockeys piques his curiosity by saying that Gomez was killed because he refused to throw a race.

https://youtu.be/JRbj7urKAqU

Politics Is A Dirty Business

Politics in Los Angeles has long been a dirty and corrupt business. This was never truer than during the 1930s.

I found this wonderful cartoon in an issue of the Evening Herald & Express. Any citizen of Los Angeles who was paying attention would have known exactly who all the players were. I didn’t understand several of the references and so I thought it might be fun to try to decipher them.

Here is the cartoon, and below that is my key to understanding just what in the hell the cartoonist was talking about.

1932 corruption cartoon_resize

On the second floor of the Payoff Villa Apartments one of the gamblers says: “Guy, send Eddie in.” The gambler was referring to Guy McAfee. McAfee, like thousands of others, had moved from the midwest to Los Angeles years before seeking his fortune. He didn’t find it as a firefighter, which he worked at for a while. But things began to look up for him when he joined the LAPD. His career trajectory ultimately landed him in the position of head of the vice squad. Oh, delicious irony! While serving as the head of the vice squad, McAfee owned brothels and gambling dens.

Guy McAfee and his wife, June in 1939.

Guy McAfee and his wife, June in 1939.

In the late 1930s, when it appeared that LA might become less tolerant of vice (the possible crackdown was a momentary hiccup in the ongoing criminal enterprise that the city had become), McAfee moved to Las Vegas, Nevada. Bugsy Siegel gets the credit, or blame depending on your view, for establishing the desert gaming mecca, but it was men like Guy McAfee and his associate Milton B. “Farmer” Page who really kicked things off in the sleepy little cow town. McAfee was the co-founder of the Pioneer Club and was the President of the Golden Nugget until his death in 1960.

The “Eddie” referred to in the cartoon bubble was Eddie Nealis, a local bookmaker. Eddie’s name along with his fellow vice kings: Guy McAfee, Farmer Page, Tudor Scherer, Jack Dragna and Johnny Roselli, came up in the Los Angele County 1937 Grand Jury investigation into vice. Most of those named fled the city for Vegas in 1938.

Cathay_Circle_Theater (1)

Carthay Circle Theater c. 1937

On the roof of the Payoff Villa Apartments, you will find a cop named Mac D. Jones. He appears to be shoving a woman in a toga over the edge. Lysistrata is mentioned. Lysistrata was Greek play written by Aristophanes. This reference threw me for a loop. I couldn’t figure out what a cop had to do with the play. But I found out. The play, written in 411 BC, is a comedy in which a woman, Lysistrata, embarks on a mission to end the Peloponnesian War. And how does she plan to do it? Get all of the women of Greece to withhold sex from their husbands and lovers so that they’ll snap to their senses and negotiate peace. It still seems like a solid plan.

Apparently, Officer Mac Jones wasn’t a lover of Greek plays, he raided the show twice while it was on stage at Carthay Circle Theater (the beautiful 1926 building was demolished in 1969–a bad year for many reasons).  The cast filed a suit against Jones in the amount of $226,000 for damages. The judge who heard the case, Superior Court Judge Willis, was evidently no lover of Greek theater either He said that there were two scenes that “as written and acted are sufficient in the mind of the average person to condemn the play as indecent and obscene as hereintofore defined, and there can be found nowhere in the play any redeeming or ameliorating quality of uplift, or lesson, or message of good.” Judge Willis threw out the demand for damages. I happen to love the play for many reasons, one of which is its powerful anti-war stance.

A poster on the exterior wall of the Payoff Villa Apartments exclaims: “Radio fans hear Martin Luther Thomas preach on ‘No Vice, No Crime.'” I was intrigued. Who was Martin Luther Thomas? It turns out that Thomas was one of several local radio preachers who, when he wasn’t railing against the “Underworld”, was the chief investigator for City Prosecutor Johnson.

And the fellow crawling on his hands and knees in the street? He was Wells J. Mosher, confidential secretary to Mayor Porter.

In July 1931 Thomas and Mosher were linked by a so-called “snooping system” they allegedly ran to gather dirt on other city employees–particularly members of the city council. Director Knox of the Bureau of Budget and Efficiency was told to file a report with the Efficiency and Personnel Committee of the City Council. The report was specifically ordered to address whether or not Thomas and Mosher should lose their jobs. One of the councilmen declared that the two men were costing the city money that could be put to better use.

Mayor John Clinton Porter was a teetotaler and a xenophobe. Porter’s promise to clean-up the city’s political system won him the election in 1929, but it didn’t win him any friends on the wrong side of the law. Once sworn in the mayor began receiving death threats. He was the only mayor in LA’s history to be the victim of an attempted assassination.

On February 19, 1932, a federal warehouse worker, Jacob Denzer, who kept watch over confiscated booze, sat in the mayor’s lobby awaiting an audience. The self-proclaimed “messenger of the Lord” had had a vision for a “divine plan of salvation.” When 50 Fullerton Junior High School students, on a tour of City Hall, started to crowd into the lobby Denzer became agitated. He stood up, waved his gun and shouted at the startled students to “Get out of here, all of you.” A city janitor saw the ruckus. He managed to grab the revolver from Denzer’s hand.

Frank L. Shaw

Frank L. Shaw

Porter came through a recall effort and presided over the 1932 Olympic Games. Ever the teetotaler, no alcohol was served at the opening ceremony.

Porter enjoyed being mayor and ran in 1933, only to be defeated by arguably the most corrupt mayor in Los Angeles’ history, Frank L. Shaw (who, by the way, was recalled in 1938).

Justice Times Two, Conclusion

Three alienists, Drs. Benjamin Blank, Victor Parkin and Paul Bowers, were called on to determine Gray McNeer’s sanity. The doctors testified at a sanity hearing on October 29, 1934.  They said that they had examined Gray and found him to be sane. The jury concurred. Gray’s trial for Betty’s murder would resume despite his loud and incoherent courtroom outbursts.

The day following Gray’s sanity hearing, S.S. Hahn announced that his client would take the stand in his own defense.  Putting Gray on the stand was a risky move. If he was incapable of controlling himself at the defense table, how would he fare on the witness stand? On more than one occasion the trial had to be adjourned because Gray became hysterical.  How would Gray, still swathed in bandages and wheelchair bound, comport himself under cross examination?

mcneer takes standGray was scheduled to take the stand on November 2nd but he was too ill to appear in court.  The trial was delayed for a few days until it was decided that if Gray couldn’t come to court, the court would come to him.  The trial resumed at Gray’s bedside in the County Jail Hospital.

Gray testified that on the night of the Betty’s death he met her at the apartment of a mutual friend, Lucille Herner, and then they drove to an isolated spot in Glendale where they argued. It was in the midst of their argument, Gray said, that Betty pulled out a gun. He said he felt a heavy blow to his head and then didn’t remember a thing until he regain consciousness in the Glendale Police Station. It was there that he was informed that his Betty’s body had been found in the car next to him.mcneer guilty

The remainder of the trial was conducted in the hospital with Dr. Benjamin Blank in constant attendance to monitor Gray’s condition.  The case went to the jury late on November 7th.  At 10 p.m., after hours of deliberation, the jury was sequestered for the night.

On the evening of November 8th the jury returned with their verdict.  They found Gray guilty of second degree murder.  Gray began to babble incoherently, but settled down after a reprimand from the judge. Gray’s mother, Lola, said she had no plan to appeal the verdict.  S.S. Hahn said, “Mrs. McNeer is convinced that her son’s condition is such that the probably will not live to serve his sentence.”  The doctors disagreed.  They believed Gray would recover from the bullet wound.

gray folsomGray was taken to Folsom Prison to begin serving his sentence of from 5 years to life. Gray’s mother said there was no plan to file an appeal.  But plans change.

gray new trial

The bullet in his head was removed by San Quentin physicians, so Gray was in much better shape for his second trial than he had been for the first go ‘round.

In Judge Vicker’s court, Gray’s second trial began with testimony from police chemist Ray Pinker. Pinker testified that powder burns on Betty’s arms indicated that she was directly in front of the gun at the time the fatal shot was fired into her head. The powder burns were not consistent with a suicide.

Gray took the stand on November 21st.  He reiterated the story he had told at his first trial.  Gray said that he and Betty had taken an automobile ride and attempted reconciliation.  When she refused to return to him Gray said he suggested divorce. According to Gray, Betty became angry, pulled out a gun and shot him in the head.  He said even though he was gravely wounded he struggled with Betty for possession of the weapon. He lost the struggle and,that’s when Betty turned the gun on herself.

The trial was going along smoothly until Deputy District Attorney Wildey asked Gray to repeat a conversation he’d had with Betty right before the shooting.  Gray snapped: “I will not repeat it.  It’s all cut and dried. Go ahead and shoot what you have.  I refuse to testify further in this case!” Gray then grabbed his crutch and hobbled away from the witness stand, ignoring the judge’s order to answer the question. That was it for Gray.  He didn’t take the stand again. gray quentin

The case went to the jury of six men and six women who, just as the jury in the first trial, had to be sequestered.

When the jury returned, Gray was found guilty of first degree murder and sentenced to life in prison. He’d rolled the dice on a second trial and come up snake eyes. His second sentence was harsher than the first.

In 1958, after 24 years in prison, Gray appealed again on the grounds of double jeopardy. The plea was rejected. Shortly afterwards he sought legal relief via habeas corpus. He wasn’t represented by S.S. Hahn because Hahn had died mysteriously in the swimming pool at his son’s cabin in Castaic. The two public defenders representing Gray were successful and he was ordered returned to Los Angeles for re-sentencing for the crime of second degree murder. I haven’t been able to find out what happened at the re-sentencing hearing.

Gray Everett McNeer died in Sacramento on July 27, 1964.

NOTE:  I’m going to try to find out what happened to Gray. If any of you find anything please let me know!

UPDATE 5/29/2017:  Many thanks to a reader, Katie, for letting me know that Gray McNeer committed suicide in Folsom prison in 1964.  With her information I found the following paragraph from the Long Beach Independent dated July 28, 1964:

mcneer

Justice Times Two, Part 2

A Coroner’s jury found Gray McNeer responsible for the murder of his wife, Betty.  The gun used in the murder and attempted suicide was a weapon Gray had stolen from Harry Harris, a friend of his.  Harris, a harbor guard, discovered his gun and some shells were missing after Gray’s visit the night prior to the shooting.  When detectives showed Harris the weapon, he identified it as his own.

Gray wasn’t able to appear at any hearings because he was in serious condition. On August 6th his attorney, S.S. Hahn, announced that Gray would appear in court that morning. The defendant was in bad shape as a result of the gunshot wound to his head. He was blind in one eye, deaf in one ear,  partially paralyzed and he still had a bullet lodged in his brain. Despite the gravity of his injuries, Gray appeared for his preliminary hearing before Municipal Judge Galbreth, just as S.S. Hahn said he would. The defendant’s head was swathed in bandages and he was in a wheel chair, but at least he’d made it.

mcneer and motherGray’s mother, Lola, remained at her son’s bed side and on August 24th it was reported that she had given her official consent for an operation to remove the bullet from his brain.  It isn’t clear why a man in his 30s would need his mother’s consent, but it may have been that he was in no condition to give it himself.  S.S. Hahn told the court that in his present condition Gray was in imminent danger of death and that, even if he survived, he might be become “an imbecile.”  The operation was given odds of 100 to 1 that it would succeed; but it was Gray’s only hope.

S.S. Hahn requested a continuance of the trial so that Gray could undergo the potentially lethal surgery.  The request was granted. But would any of the local surgeons be willing to undertake such a delicate procedure?  The answer was no.  Specialists at General Hospital declined to perform the surgery even though they agreed that Gray was doomed without it.  The same group of surgeons put Gray’s odds at less that 1000 to 1 for survival.

Of course S.S. Hahn had a lot to say about the doctors’ refusal: “His mother wants that chance to be taken.  She wants to save her son and we are going to operate if it takes a court order to do it.”  The attorney found four brain specialists who were willing to volunteer for the surgery, but General Hospital balked.  Hahn said: “They tell us that nonresident physicians are not permitted to operate at the General Hospital and since the patient is charged with murder he cannot be removed from there.  Well, we will see what the courts have to say about that, too.” Judge Schmidt responded with a court order which permitted the outside physicians to perform the surgery on Gray’s brain.

Surgery was scheduled for September 8, 1934, but after he took a turn for the better the operation was put on hold indefinitely. Ten days later, Gray appeared in court once again. He was still bandaged and in a wheel chair. He entered a not guilty plea and he still publicly contended that Betty had shot him first and then killed herself.

McNeer and Hahn were in court on October 25th for opening statements. Gray was a pathetic sight. Would the jury be swayed in his favor even if they believed his misery was self-inflicted?  Hahn outlined his case for the jury.  He said that he was going to prove:

  • That Mrs. McNeer on three previous occasions had threatened to end her own life.
  • That several nights before the shooting, Mrs. McNeer went to the home of Harry B. Harris, special officer, at 1030 Hyperion Avenue, and sought to borrow his gun.
  • That the day before the shooting Mrs. McNeer called again at Harris’s home and remained there alone for some time.

Court adjourned when Gray collapsed and had to be returned to the County Jail Hospital.

The following day Gray was in court moaning, groaning and muttering incoherently. He yelled out: “You wouldn’t treat a yellow dog like you are treating me; why don’t somebody give me something?”  Following a few more outbursts, Judge Burnell addressed Gray: “You will have to keep quiet; this sort of thing will not be allowed at all, Mr. McNeer.  Thi sort of theatricalism has got to stop right now, and you might as well know it.”  Then the judge turned to Hahn and said: “Can’t you do something with your client, Mr. Hahn?”

mcneer and mother at trialHahn objected to the Judge’s admonition and there was a short recess.  Once back in the courtroom, Judge Burnell spoke to the jury:  “Ladies and gentlemen of the jury, I am making this statement to you at the suggestion and with the consent of counsel for both sides, the People and the defendant.  You, of course, could not help but observe the fact yesterday afternoon that the defendant was making more or loess noise, talking and groaning, and the Court made some remarks about ceasing the theatricals, or something of that sort.  That, of course, is something that you haven’t any business to pay any attention to, and I want you to entirely disregard it.  The defendant is here   on trial for one specific offense, and all the jury have any right to consider whatever is the evidence in the case and nothing else.  I know you will appreciate that and be able to do that, but for your information, in view of the apparent condition of the defendant, I am trying now to get hold of Dr. Blank, the jail physician, to come down here and tell us whether he thinks from his examination of the defendant there is any reason why the case should not continue. In other words, whether or not the defendant is in a condition physically and mentally that will preclude going ahead with the trial.  Until we hear from Dr. Blank, we will go ahead, and if there is any demonstration on the part of the defendant, you will disregard it.  You are not here to try anything except the facts in this case.”

Dr. Blank examined Gray and ascertained that he was in more pain than he had been in previously and that he was on sedatives continuously.  The doctor feared that Gray’s sanity was being affected and advised the judge to suspend the proceedings until a determination could be made.

The judge did exactly what Dr. Blank had advised him to do, and the trial was continued to October 29, 1934 at 10:00 a.m.  Gray’s sanity would be decided then based on an examination conducted by Drs. Benjamin Blank, Victor Parkin and Paul Bowers.

NEXT TIME: Will Gray McNeer’s trial continue

Justice Times Two, Part 1

Los Angeles has been home to some of the wiliest and most wicked criminals in the world.  And where there are criminals there are attorneys to defend them.  I’ll leave it to you to decide which group is worse.

Among the defense attorneys who practiced in the city, one of the most fascinating was Samuel Simpson Hahn.  Known as S.S. Hahn, which makes him sound like a luxury liner, Hahn was born Schrul Widelman on September 18, 1888 in Ternova, Besarubia, Russia.  He is believed to have arrived in the U.S. on June 30, 1906 and changed his name to Samuel Needleman.  Contrary to the persistent belief that xenophobic immigration agents arbitrarily changed the names of newcomers many people opted to change their surnames to adapt to their new lives in America.  In any case, by 1912 the newly minted Samuel Needleman had moved to Los Angeles and had changed his name one last time. He became Samuel Simpson Hahn.  That moniker stuck with him for the rest of his life.

S.S. Hahn with a witness in Aimee Semple McPherson's trial. [Photo courtesy of LAPL]

S.S. Hahn with a witness in Aimee Semple McPherson’s trial. [Photo courtesy of LAPL]

On July 22, 1915, having passed his exam, Samuel Hahn was admitted to the California State Bar and for the next four decades he defended some of the most notorious criminals in the city.  Hahn’s client list reads like a Who’s Who of local crime.  Among those who sought his services were serial killer Louise Peete and naughty evangelist Aimee Semple McPherson.

Hahn didn’t limit his practice to felons. Following WWII there was a sharp uptick in divorces.  Starry-eyed couples who married in the heat of passion during wartime found themselves dreading the prospect of thousands of dreary days in each other’s company. In 1945, LIFE Magazine featured Hahn in an article on divorce mills.   Interestingly, he appears to have met his second wife, Mary Monroe, when she came to him to dissolve her marriage.

HAHN_MARY MONROE

I intend to write more about S.S. Hahn in the coming months.  I find his career worthy of multiple posts.  He was disbarred as a young attorney in the 1910s, possibly for suborning perjury, but appears to have won an appeal to restore his license. His death by drowning in a backyard swimming pool in 1957 was ruled a suicide, but it was highly suspicious. I’ll get to more of Hahn’s life later—I think you’ll find it compelling.

Today I’m going to cover a 1934 case from the Hahn files in which he defended a man accused of murdering his wife.

Shortly before midnight on Wednesday, June 27, 1934, Mr. and Mrs. Frank Kilborane of 4919 Bemis Street were driving on a lonely stretch of dirt road between the Southern Pacific tracks and the Los Angeles River. They were about 200 feet West of the intersection of San Fernando Road and Colorado Boulevard when they noticed a car.  It isn’t clear what caught the attention of the couple but they decided to investigate.  They found a woman sitting upright and dead on the passenger side. Seated next to her behind the steering wheel was a man.  He was severely wounded and semi-conscious. Both had suffered gunshot wounds to the head.

betty mcneerPolice identified the victims as Gray (Grey) Everett McNeer and his estranged wife, Beatrice (Betty) Helene Harker McNeer. While fighting for his life in the General Hospital Gray managed a brief statement in which he laid the blame for the shootings on his dead wife. Unfortunately for Gray the physical evidence suggested a far different scenario.

There were a couple of major problems with Gray’s statement.  First, Betty had been shot three times in the head and second, she was right handed. Even a contortionist would have found it difficult to shoot herself on the left side of her head if she was right handed. Besides, if Betty was the shooter why would she leave her intended victim moaning and alive?  Wouldn’t she have made certain he was dead before she turned the gun on herself—three times? Detectives were convinced Gray was a killer and placed him in the prison ward of the hospital—not that he was capable of taking it on the lam.  Doctors weren’t convinced that he would make it through the night.

gray mcneerWith Gray in the hospital, Detective Lieutenants Sanderson and Hill of the police department began their investigation into the backgrounds of the McNeers.

At 33 years of age Gray already had an extensive criminal record.  The 1930 Federal Census lists Gray as an inmate in the Oklahoma State Penitentiary where he was a machine operator in the pants factory. He was in prison for his part in the robbery of a paper company in Oklahoma City.  If his life since his release from prison was any indication of his future plans he had no intention of going straight, ever.  At the time of the shooting Gray was wanted for questioning in a recent string of robberies in Los Angeles.

Betty was 29 when she died and she had been married and divorced twice before she tangled with Gray.  She was 19 when she married a wealthy Altadena inventor, E.P. Pottinger. They divorced after two years and Betty wed Arthur Nollau who owned a knitting mill at 1409 West Washington Boulevard.  The marriage to Nollau also lasted roughly two years.  Twenty-four months seemed to be limit of Betty’s attention span for marriage.  In the days prior to her death she had filed for divorce from Gray to whom, you guessed it, she had been married for approximately two years.

Gray’s condition appeared to be improving; which meant that the ex-con would likely be indicted for  his wife’s murder.  In that case he would require the services of an attorney.

NEXT TIME:  Justice Times Two continues.

 

1901

Marion Linden’s Life of Crime, Conclusion

Marion Linden morphed from a Ohio high school football star in 1932, to a failed felon with a death wish in Nebraska in 1936. His plan to die in a hail of police bullets in Omaha, thereby easing his parent’s Depression era monetary woes, went south faster than a freight train to Georgia. Marion was given a break, three years probation, and didn’t do any prison time for his dangerous and idiotic behavior.

Marion wasn’t supposed to leave Nebraska, but that didn’t stop him. He married 18-year-old Arlene Fagor in Denver, Colorado, on December 5, 1936. Marriage can be a maturing experience for some, but evidently not for Marion. His good behavior and his marriage lasted all of two months before ending in gun fire. Marion shot Arlene in the heart when he learned that she had been unfaithful to him while he searched for work in Texas. Found guilty of voluntary manslaughter, Marion was sentenced to from seven to eight years in a Colorado prison.

linden headline2By now may be wondering what Marion’s criminal behavior in Ohio, Nebraska, and Colorado has got to do with Los Angeles. Simple. Like many others before him, following his release from prison the ex-con moved to Los Angeles–land of bright blue skies, sunny beaches and, in Marion’s case, third chances. Prison may have mellowed him, and perhaps it did–for a while.  From 1940 to 1957 if he committed any crimes they weren’t serious enough to get his name into the newspapers. Unfortunately, Marion proved to be incapable of keeping his life on track.

On Sunday, March 17, 1957, St. Patrick’s Day, Leo Wise, a 34-year-old LAPD officer from  University Division, was on his evening rounds when he responded to the shouts of a bartender at a bar at Pico and Figueroa. Wise arrived to find an extremely intoxicated man creating a disturbance. Wise pulled the man onto the sidewalk outside the bar and patted him down, but didn’t find a weapon. Officer Wise said, “I don’t want to see you on the street anymore. Go home.” The patrolman then walked off in one direction and the drunk lurched off in another. After watching Officer Wise depart, the man returned to his spot in front of the bar.

When Officer Wise returned later in the evening he found the man where he’d left him. Wise said, “I thought I told you to go home.”  He patted the man down and once again he didn’t find a weapon.  Because the man hadn’t complied with his suggestion to go home and sleep it off, Officer Wise had no other option but to arrest the scofflaw.

Wise walked over to the police call box to request transportation for the man’s trip to the drunk tank–he never saw the pistol.  The man shot twice, hitting Wise in the neck and side. The wounded officer fell to the sidewalk but he managed pull out his service revolver. He got off two shots before the man jumped into a car and drove away.

A small crowd gathered around the fallen officer to render aid. Wise waved them off and gasped, “Take the number of those plates and call the police!”  Officer Wise died of his wounds.

Mexican national Luis Alatorre was driving by the bar with three companions. He witnessed the shooting and didn’t hesitate to drive after the suspect.  Alatorre and his friends flagged down motorcycle officers, Charles Sturtevant and Lloyd Nelson, who continued the pursuit. They stopped the man at Alvarado and 11th.  Alatorre and his companions, who had followed in the motor officers’ wake, pulled up and shouted, “Be careful, he has a gun. He just shot a policeman.” The man yelled at the officers, “you took me, but I got one …  I would like to shoot some more, just like I did the last copper. I’ll bet he is dead.”  The suspect spat in the face of the officer who was handcuffing him.

More officers arrived and one of them said, “Let me have him for a while and I will fix him.” The arresting officer replied that the suspect  “is under arrest and in my custody, so leave him alone.” The suspect said: “Thank you, buddy, for stopping these $#!%&* from beating me up. I’ll beat this in court. You are a good guy.”

linden booked photoLieutenant Gebhart took the suspect to Homicide Division. As they drove, the suspect said:  “I hope you have me for murder. I shot that #@$%&*cop and I intended to kill him. If I had an opportunity I would kill all of you. … I tried to shoot him in the heart. … I shot him with a .32 and I didn’t think it would do that much damage, but I hoped it would.”

The suspect was taken to LAPD’s Homicide Division where he was identified as Marion Linden. Lieutenant Gebhart, and several other officers later testified that Linden, even though he was handcuffed, had kicked and spat at officers and knocked furniture about. Lieutenant Gebhart heard Marion say that three years earlier he had been “framed” by two policemen on a charge of interfering with an officer.  He insisted that the officers had perjured themselves . He was convicted of the charges and during his 90 days in jail he made up his mind that he was going to kill a cop.

Marion bragged that: “it took the jury eight hours of deliberation on a misdemeanor charge to convict me …I’m very tough to beat.”  He also said that he had beaten one other murder rap and he would beat the charges against him for the murder of Leo Wise.

Marion was wrong. He was convicted of murder and sentenced to death.

Two years later, on July 30, 1959, Lt. Governor Glenn M. Anderson granted Marion a clemency hearing. The hearing came just in time. Marion was scheduled to go to the gas chamber in about a week. Governor Brown told reporters he wouldn’t interfere in the case, and left for a junket in Puerto Rico.

Marion’s execution was delayed while he acted in Pro Per and filed his own appeals. A few minor errors were corrected in the trial record but, apart from that, nothing substantive was changed. Marion’s death penalty stood.

On January 1, 1960, a fist fight broke out on death row. Marion and several other inmates, including the infamous “Red Light Bandit”, Caryl Chessman, got into an argument in their exercise area as they were about to watch the Rose Bowl game on TV. The fight ended when one of the combatants smashed the television on the floor and guards came in to separate the inmates. The fray was likely instigated by Chessman, but each of the other men saw an opportunity to mix it up and jumped in. They had nothing to lose.linden executed

Marion’s early life had showed promise, but somewhere along the line he lost his way. He became a violent and bitter man intent on murder. On July 12, 1961 forty-three year-old Marion James Linden paid for his life of crime in California’s gas chamber.

Marion Linden’s Life of Crime, Part 1

In March 1932 the Elyria, Ohio Chronicle Telegram sang the praises of an Avon High School sophomore for scoring ten field goals, bringing his team to its eleventh straight win for the season. The young man had his whole life ahead of him.

Fast forward to Omaha, Nebraska, April 1936. Marion James Linden, former high school grid iron star from Ohio, was living up to the speed he showed in scoring ten field goals. Unfortunately, the 23-year-old was speeding towards a life of crime. Marion was busted for stealing two automobiles, kidnapping three men and staging a holdup in only 45 minutes. Quite an accomplishment.

News-UT-OG_ST_EX.1936_04_03_LINDEN_headlineWhy was Marion on a crime spree? He told reporters: “I wanted to commit self-destruction in such a way my insurance policy would not be invalidated through the suicide clause.” Suicide by cop would have been his parents the princely sum of $1200 (equivalent to $20,814.77 in current USD). No doubt the cash would have helped his family weather the Depression. Marion entered a guilty plea, but a few days later he reappeared in court and changed his plea to innocent. He was placed on probation for 2 years.

By early February 1937, Marion was living in Denver, Colorado. By mid-February he was in jail on a murder charge. Marion shot Arlene, his 18-year-old bride of two months, in the heart.NEWS-NE-EV_ST_JO.1937_02_22_LINDEN_headline

Marion believed that while he was in Texas trying to find employment as an oil field worker, Arlene was in Denver having an affair. When Marion returned from Texas he immediately went to the home of his in-laws, the Cochrans, where Arlene was staying. He told Detective Captain James E. Childers that he pleaded with Arlene to give up her lover, and when she refused he shot her. But there may have been more to Marion’s motive than jealousy. Capt. Childers quoted Marion as saying that a divorce would have revealed a violation of his Nebraska probation agreement and he would have been compelled to return there to serve out the three year sentence for his mini-crime spree in April 1936.

News-CO-GR_DA_TR.1937_04_24_LINDEN_headlineMarion was convicted of voluntary manslaughter. Judge Henry A. Hicks pronounced sentence–from seven to eight years in the state penitentiary. Lewis D. Mowry, Marion’s attorney, said that the his client had no plans to appeal, nor would he seek a new trial.

After serving only three years of his sentence, Marion was released in 1940. At that point he falls off the radar. Did Marion go straight? As an ex-con he may have found it difficult to get a fresh start, but If he committed any further crimes they weren’t newsworthy.

Marion resurfaced in Los Angeles in 1957 where he would once again be the topic of news stories.

Next time:Marion’s story concludes.

Film Noir Friday–Holiday Edition: MIDNIGHT [1934]

midnightlc

Welcome! The lobby of the Deranged L.A. Crimes theater is open for a special holiday screening. It is the 117th anniversary of Humphrey Bogart’s birth. What better way to celebrate than to show one of his early films? Grab a bucket of popcorn, some Milk Duds and a Coke and find a seat. Today’s feature is the pre-code MIDNIGHT (aka CALL IT MURDER), starring Humphrey Bogart, Sidney Fox, O.P. Heggie, Henry Hull and Margaret Wycherly.

Enjoy the movie!

TCM says:

Ethel Saxon confesses in court to the murder of her errant husband John in a “crime of passion,” and also admits she took his money. Jury foreman Edward Weldon, who believes in obeying the letter of the law, convinces his peers to convict Ethel of first degree murder, despite public sympathy for her cause. On the day of her execution, reporter Bob Nolan bribes idle Joe “LeRoy” Biggers, Weldon’s son-in-law, to get him into the Weldon home to see the family’s reaction as Ethel is taken to the electric chair.

https://youtu.be/r3jSecCkNK8