Scarface and the Untouchable

by Max Allan Collins

  Untouchable Barney Cloonan’s daybook for the year 1929, shared with ABS by JBC, meticulously documents Cloonan’s expenses, showing him purchasing several drinks at different speakeasies over the course of an investigation.

  Of the Untouchables who struggled with alcohol later in life, William Gardner’s alcoholism is documented in Benjey, Doctors, Lawyers, Indian Chiefs, pp. 131–132. Lyle Chapman admitted using alcohol “sparingly” when becoming a special agent in September 1927. In October 1932, Chapman was charged with “frequenting places where liquor is sold” and “consuming liquor not in line of duty.” The charges, while never proven, led to his being furloughed from the Prohibition Bureau (Application for Position of Prohibition Agent, September 2, 1927; D. A. Sloan to the Director of Prohibition, April 24, 1932; Everett H. Kuebler, memo to A. V. Dalrymple, April 27, 1933; D. H. Reichgut, memo to Dwight Avis, June 9, 1933; A. V. Dalrymple to Lyle B. Chapman, June 27, 1933, all in Lyle B. Chapman OPF/ATF). Paul Robsky admitted to “limited” use of intoxicating beverages as early as 1932, prompting a rebuke from his superior. In 1951, Robsky was arrested for drunk driving in a misappropriated government car, which led to his resignation from federal service (Personal History Statement, May 21, 1932; Dwight E. Avis to Special Agent in Charge Jacksonville, August 25, 1932; R. E. Tuttle to Deputy Commissioner of the Alcohol Tax Unit, April 12, 1951; Statement of Paul Robsky, April 20, 1951; Statement of Roger B. Parker, April 11, 1951; Statement of George E. Baker, April 12, 1951; Statement of Arvell L. Perry, April 12, 1951; R. E. Tuttle to the Deputy Commissioner of the ATU, April 20, 1951, all in Paul W. Robsky OPF/ATF). Daniel R. Vaccarelli, who worked with Ness in the Chicago office of the Prohibition Bureau and may have been involved with the Capone case (see “Theft of Cars Seen As Plot to Halt Agents,” n.p., n.d., in ENPS, Roll 1, Scrapbook 1, p. 31), resigned from the ATU in March 1935 after getting into a drunken brawl off duty (E. C. Yellowley to Arthur J. Mellott, May 13, 1935, in Daniel R. Vaccarelli OPF/ATF).

  NESS AND ALCOHOL: Background check on Eliot Ness, February 23, 1928, in FBI-EN. Murphy, Report on Ness, pp. 11–13, in FBI-ENA. Bryce Nelson, “The Addictive Personality: Common Traits Are Found,” NYT, January 18, 1983. Jones, “The Real Eliot Ness.” Drew McKillips, “Honolulu T-Man Was Ness Hero,” n.p., n.d., SLS. “Prohibition: Tony Berardi—About Eliot Ness and ‘the Untouchables,’ ” Onlinefootage.tv, 08:42, http://www.onlinefootage.tv/stock-video-footage/7684/prohibition-tony-berardi-about-eliot-ness-and-the-untouchables (accessed August 26, 2015). David J. Linden, “Addictive Personality? You Might Be A Leader,” NYT, July 23, 2011. Perry, Eliot Ness, p. 117.

  Marjorie Mutersbaugh, a Ness family friend, insisted Ness never drank socially while Prohibition was in force, per RM to ABS, personal interview and emails, December 4, 8, and 10, 2015.

  Perry (Eliot Ness, p. 33) claims Ness drank surreptitiously both as a college student and as a Prohibition agent, but this contradicts the available evidence. When the FBI conducted a background check on Ness in 1933, four of the ten people who gave personal testimony of his character stated Ness did not drink at all, including one who knew Ness from childhood (see Murphy and Jones, cited above). Perry offers no citations to back up his claims.

  For more on Ness as a workaholic, see CN, December 11, 1935, in ENPS, Roll 1, Scrapbook 2, p. 4; CP, December 11, 1935, in ENPS, Roll 1, Scrapbook 2, p. 6; CPD [?], December 12, 1935, in ENPS, Roll 1, Scrapbook 2, p. 9.

  NESS AND YELLOWLEY: Murphy, Report on Ness, p. 10, in FBI-ENA (“always on the”). Untitled clipping and photograph, n.p., August 6, 1927 [?], ATF.

  Jamie’s OPF makes clear Yellowley kept a right rein on how his agents interfaced with the press. Just a few days after being appointed assistant Prohibition administrator, Jamie sent a memo to Yellowley apologizing for being quoted at length in the Chicago Daily News. “I want you to understand that I fully realize that if any statements are to be given to the press that the administrator [Yellowley] is the person to give out such statements,” Jamie wrote. “I did not anticipate that any remarks made by me were to be used for a newspaper article.” Alexander G. Jamie, memo to E. C. Yellowley, December 30, 1926; CDN, December 29, 1926, both in Alexander Jamie OPF.

  NESS’S FRUSTRATION: Indictment, United States of America v. Joe Cohen, May 17, 1928; Petition to suppress evidence and quash information, United States of America v. Joe Cohen, October 16, 1928, both in Box 4, “Criminal Case # 17506” folder, PCF. Indictment, United States of America v. Joe Mealki, July 24, 1928; Commitment of sentence, United States v. Joe Mealki, December 6, 1928; Petition in support of motion to quash search warrant, United States of America v. Joe Melky [sic], January 12, 1928, all in Box 1, “Criminal Case 17598” folder, PCF. Schmeckebier, Bureau of Prohibition, pp. 12, 66–67, 79–80. CHE, June 15, 1931. CPD, January 23, 1936. Ness MS., p. 22, in ENPS, Roll 1, Folder 2. “Illegal Breweries Sparked Capone’s Downfall, Says Ness,” Potter Enterprise, September 27, 1956, PCHS. Ness and Fraley, The Untouchables, pp. 7 (“white knight on”), 13–15, 17–19, 21, 25, 39. Kobler, Ardent Spirits, p. 283. Jones, “The Real Eliot Ness” (“But nevertheless, he”). Wilkinson, interviewed in “Eliot Ness: Untouchable” (“legislate against human”). Okrent, Last Call, pp. 252–255, 261, 264. McGirr, War on Alcohol, pp. 201–206.

  Dating the incident where Ness gave liquor to his fraternity brothers is difficult, based on the vagaries of Bollaert’s recollection. Perry (Eliot Ness, p. 37) claims it happened in late 1928, but conflates it with a different incident mentioned in the article that Bollaert specifically dates to 1932. He also implies Ness partook of the liquor, even though Bollaert stated clearly he did not.

  GEORGE E. Q. JOHNSON: CT, December 21, 1930 (“crime with riches,” “human in form,” “I don’t take,” “which George E.,” “If you are,” “only with indictments”). “One-Man Drive in Chicago Has Gangs Quaking with Fear,” The Evening Star, March 3, 1931, in FBI-AC (also in Box 1, Eig Boxes, National Archives and Records Administration, Chicago, IL). NYT, April 3, 1932. Murphy, Report on Ness, pp. 11–12, in FBI-ENA (“a very intelligent,” “was that he”). Christian Science Monitor, November 7, 1934 (“one of the best”). George E. Q. Johnson, “Shoot Square!” CPD [?], May 30, 1937 [?], in ENPS, Roll 1, Scrapbook 4 (also in ENPS, Roll 2, Scrapbook 6, p. 21). George E. Q. Johnson, “The Enforcement of the Law,” Credit Craft, n.d., 7–8, 25, in Box 1, “Articles—Gangbusting (3 of 9)” folder, GEQJ. Bergreen, Capone, pp. 274–276, 345. Eig, Get Capone, pp. 66–72, 85. “ ‘They Can’t Win’, Declares U.S. Attorney Johnson, Prosecutor of Capone,” Fox Movietone News, c. 1931, 05:25:49, http://www.historicfilms.com/tapes/9211_1530_1608 (accessed February 12, 2016).

  Perry (Eliot Ness, p. 51) incorrectly claims that Johnson didn’t know Ness before picking him to head the Untouchables squad. Johnson’s law office was at 11110 South Michigan Avenue, close to the Ness bakery at 11290 South Michigan Avenue, and he mentioned his early acquaintance with Peter and Eliot Ness in an FBI interview. (“Professions: Geo. E. Q. Johnson,” Calumet Index, January 5, 1917. “George E. Q. Johnson” Advertisement, Elmis Budbärare, May 1923, in Box 1, “Newspaper Clippings (2 of 9)” folder, GEQJ. Murphy, Report on Ness, pp. 11–12, in FBI-ENA.)

  Chapter Seven

  CAPONE AT PEACE / MOVE TO METROPOLE: CHE, January 21, 1927 (“I have merely,” “I found that”); March 9, 1927 (“just like the,” “The reason I,” “He’s been sick”). James O’Donnell Bennett, “Chicago Gangland: Golden Flood Makes Czars, Befouls City,” CT, April 7, 1929 (“I positively have,” “I am out”). Pasley, Al Capone, pp. 68–69, 165. Allsop, Bootleggers, p. 346. Bergreen, Capone, pp. 147–148, 226. Lindberg, Return to the Scene, pp. 378–379.

  1927 ELECTION: Anderson, “Democracy in Chicago,” pp. 71–78 (71, “friend of the”; 72, “Yes, they lie”; 73, “Dever and decency,” “Away with decency”; 74, “America First”). Wendt and Kogan, Big Bill of Chicago, pp. 243–274 (244, “The Dever administration,” “When I’m elected”). Schmidt, Mayor Who Cleaned, pp. 78–79, 85–90, 1
40–141, 147–170. Bergreen, Capone, pp. 228–221. Bukowski, Big Bill Thompson, pp. 178–187.

  DRUCCI DEATH: CT, October 15, 1926 (“the Devil”). Wendt and Kogan, Big Bill of Chicago, pp. 269–270. Keefe, Man Who Got Away, pp. 211–214.

  THOMPSON’S INAUGURATION: Anderson, “Democracy in Chicago,” pp. 76–78 (76, “The people were,” “the kind of,” “That is essentially”). Wendt and Kogan, Big Bill of Chicago, pp. 268, 274–276 (274, “They was trying”; 275, “give the old,” “political blunderbuss,” “indolent, ignorant of,” “a striking example”; 276, “out in ninety”). Kobler, Capone, p. 206.

  SCALISE AND ANSELMI ACQUITTED: Kobler, Capone, p. 209.

  AIELLO: Pasley, Al Capone, pp. 171–172. Burns, One-Way Ride, pp. 225–226, 228. Enright, Al Capone on the Spot, p. 65. Kobler, Capone, pp. 209–210.

  GUS WINKELER: Mrs. Gus Winkeler, “I’m on the Spot Facing Death,” Famous Detective Cases, December 1935, pp. 65–66. Schoenberg, Mr. Capone, p. 201. Helmer and Bilek, St. Valentine’s Day Massacre, pp. 80–81, 83–85, 233. Waugh, Egan’s Rats, p. 239. Helmer, Al Capone and His American Boys, pp. 1–3, 10–12, 23–24, 52–55 (55, “Al Capone is,” “bum”), 307, 345–346. Bair, Al Capone, pp. 156, 251.

  CAPONE’S SENSE OF HONOR: James O’Donnell Bennett, “Chicago Gangland: Golden Flood Makes Czars, Befouls City,” CT, April 7, 1929 (“a square shooter,” “If he gives”). Lyle, Dry and Lawless Years, p. 115. Helmer, Al Capone and His American Boys, p. 55. Schoenberg, Mr. Capone, p. 175.

  MCGURN VS. AIELLO: CT, May 26, 1927; May 29, 1927. Enright, Al Capone on the Spot, pp. 65–68. Shmelter, Chicago Assassin, pp. 112–119.

  AIELLO ARREST: Pasley, Al Capone, pp. 174–175 (174, “You started this”). Allsop, Bootleggers, pp. 128–130 (129, “You’re dead,” “Give me fourteen”). Kobler, Capone, pp. 211–213 (213, “But I’m going”). Schoenberg, Mr. Capone, pp. 186–187. Eghigian, After Capone, pp. 119–120. Sifakis, Mafia Encyclopedia, pp. 76–77.

  THOMPSON FOR PRESIDENT: Kobler, Capone, pp. 213–214. Schoenberg, Mr. Capone, p. 188.

  MAE’S PLEA: CHE, December 15, 1927 (“Can’t something be”).

  CAPONE PRESS CONFERENCE: CT, December 6, 1927 (Capone quotes). CHE, December 6, 1927. CEP, December 6, 1927. Kobler, Capone, pp. 214–215. Eghigian, After Capone, pp. 128–130, 141.

  CAPONE IN LOS ANGELES: LAT, December 14, 1927 (“Why should everybody”). McPhaul, Johnny Torrio, p. 349. Bair, Al Capone, pp. 107–108.

  CAPONE BACK IN ILLINOIS: CHE, December 16, 1927 (“Despite the cold”); December 17, 1927 (“It’s pretty tough,” “I’m going back,” “into the arms,” “You may want,” “I am going”). “Capone Home; Foes Bombed,” Chicago Tribune, December 17, 1927 (“You’re Al Capone,” “made too much,” “When I come”); December 18, 1927 (“I wouldn’t invade,” “That doesn’t worry,” “Besides, I like”).

  THOMPSON’S TRAVELS: Wendt and Kogan, Big Bill of Chicago, pp. 281–283 (283, “America First”). Kobler, Capone, pp. 213, 217.

  CAPONE RETURNS TO JOLIET: LAT, December 23, 1927 (“Please take that”).

  Chapter Eight

  BEATTY SHOOTING: CT, March 30–April 1, 1928 (March 30, “shotguns, pistols, rifles”; March 31, “stick ’em up!”).

  GOLDING AND THE SPECIAL AGENTS: Application for Position of Prohibition Agent, April 20, 1927; George Golding to A. E. Bernsteen, August 29, 1927; George Golding to David H. Blair, May 27, 1927 (“The fact cannot”); George Golding to William B. Robinson, September 8, 1927; Michael F. Malone to Arthur A. Nichols, July 11, 1927; “A Fugitive Law Enforcer,” n.p., August 2, 1929 (“His raids are spectacular”), all in George Golding OPF/ATF. CT, March 28, 1928; March 30–April 1, 1928; April 7, 1928; April 29, 1928 (“hardboiled”). J. M. Doran to Samuel M. Seager, May 14, 1928, in Samuel Seager ATF/OPF. Schmeckebier, Bureau of Prohibition, p. 164. Irey and Slocum, Tax Dodgers, p. 20. Ness MS., p. 1, in ENPS, Roll 1, Folder 2. Richard D. Hyde, “ ‘Hard Boiled’ Golding: Big-Time Racket Buster,” The Free Lance-Star, April 11, 1977 (“a fighter”).

  BEATTY SHOOTING AFTERMATH: CT, March 30–April 1, 1928 (March 30, “men had to,” “I don’t care”; April 1, “If there is”); August 29–30, 1928; September 1, 1928; March 18, 1951. Pasley, Al Capone, pp. 202–203. Irey and Slocum, Tax Dodgers, p. 20.

  NESS AND JAMIE BECOME SPECIAL AGENTS: Charles S. Deneen to L. C. Andrews, June 13, 1927; H. H. White to Ismar Baruch, June 20, 1927; I. Baruch to H. H. White, June 22, 1927; Alexander G. Jamie to the United States Civil Service Commission, July 5, 1927; E. C. Yellowley to J. M. Doran, July 6, 1927; J. M. Doran to E. C. Yellowley, July 11, 1927; I. Baruch to H. H. White, August 5, 1927; Alf Oftedal to E. C. Yellowley, August 6, 1927; George E. Q. Johnson to James Doran, March 5, 1928 (“I have been”); George E. Q. Johnson to Mabel Walker Willebrandt, March 5, 1928; Better Government Association to Seymour Lowman, March 12, 1928; J. M. Doran to the Secretary of the Treasury, May 11, 1928; E. C. Yellowley to Acting Prohibition Administrator, May 11, 1928; J. M. Doran to Acting Prohibition Administrator, May 11, 1928; G.C.B., Memorandum for the Personnel File of Alexander Jamie, May 11, 1928; J. M. Doran to Alexander G. Jamie, May 18, 1928; Alexander G. Jamie to James M. Doran, May 23, 1928, all in Alexander Jamie OPF. J. M. Doran to Samuel Seager, May 14, 1928, in Samuel Seager OPF/ATF. J. M. Doran to Eliot Ness, May 21, 1928, Eliot Ness OPF. George Golding to the Director of Prohibition, August 30, 1930, in George Golding OPF/ATF. Ness MS., p. 1, in ENPS, Roll 1, Folder 2.

  Golding’s letter, an unconvincing defense against charges of sexual harassment, is a problematic source, but Jamie’s personnel file does corroborate Golding’s basic claims about Jamie’s transfer to the Special Agent Squad.

  EDNA STAHLE: Percy Owen to James E. Jones, May 4, 1925; Personal History, May 25, 1925; Oath of Office, May 25, 1925; Edna M. Stahle to E. C. Yellowley, May 23, 1928; George Golding to Alf Oftedal, May 24, 1928; George E. Golding to the Commissioner of Prohibition, May 25, 1928; J. M. Doran to Edna M. Stahle, May 25, 1928; Oath of Office, June 1, 1928; Questions Respecting Personal History, March 2, 1929; Alexander G. Jamie, Personnel Classification Board Form No. 4, May 5, 1929, all in Edna S. Ness OPF. George Golding to the Director of Prohibition, August 30, 1930, in George Golding OPF/ATF. CT, December 23, 1986 (“were afraid to”). St. Petersburg Times, November 19, 1994. Heimel, Eliot Ness, p. 23. Record for Edna Margaret Stahle, Cook County, Illinois, Birth Certificates Index, 1871–1922 (Provo, UT: Ancestry.com Operations, 2011). Perry, Eliot Ness, pp. 9–13.

  Golding’s letter is again a problematic source, especially when discussing the love life of a woman accusing him of sexual harassment. But the relationship between Stahle and her beau, Robert Coyne, appears to be borne out in Melvin Purvis to J. Edgar Hoover, November 28, 1933, in FBI-ENA.

  MARTY LAHART: Edward C. Wilcox, memorandum for Mr. Jackson, May 12, 1928, in Samuel M. Seager OPF/ATF and Albert M. Nabers OPF/ATF. Alf Oftedal to Martin J. Lahart, May 21, 1928; Personal History, May 28, 1928; Oath of Office, May 28, 1928; Personal History, March 4, 1929; Isham Railey, Evaluation of Candidates for Placement, October 31, 1962 (“tiresome and repetitive talker”), all in Martin J. Lahart OPF/ATF. Ness MS., p. 6, in ENPS, Roll 1, Folder 2 (“tall, happy Irishman”). Ness and Fraley, The Untouchables, pp. 28–30, 32, 108–110, 144–145, 162. Drew McKillips, “Honolulu T-Man Was Ness Hero,” n.p., n.d., SLS (“as a kind”). Borroel, Story of the Untouchables, pp. 49–53.

  POLICE STATION RAID: CT, July 26, 1928 (“Let us raid”). Ness and Fraley, The Untouchables, pp. 28–29. Richard D. Hyde, “ ‘Hard Boiled’ Golding: Big-Time Racket Buster,” The Free Lance-Star, April 11, 1977. Scott Martell, “ ‘Untouchable’ Memories,” News-Press, December 7, 1994, RM.

  NESS’S FIRST MAJOR INVESTIGATION: Ness MS., p. 1, in ENPS, Roll 1, Folder 2 (“This is where”).

  FRANK BASILE: Record for Frank Basile, 1920 United States Census. CDN, December 12, 1928 (“Fat”). CHE, December 13, 1928. CT, December 13, 1928; June 21, 1930; April 3, 1932. WP, December 13, 1928 (“Fat”)
. Chicago Heights Star, December 14, 1928. Alf Oftedal to George E. Golding, December 19, 1928, in Box 4, “December 1928” folder, PU (“Burt”). NYT, April 3, 1932. Ralph Foster, “Blackhand War Rages in Chicago Heights,” Startling Detective Adventures, December 1932, p. 53. Ness MS., p. 2, in ENPS, Roll 1, Folder 2 (“No door could”). Ness and Fraley, The Untouchables, pp. 47–49. Record for Francesco Basile, Cook County, Illinois, Birth Certificates Index, 1871–1922 (Provo, UT: Ancestry.com Operations, 2011). Record for Frank Basile, Illinois Deaths and Stillbirths Index, 1916–1947 (Provo, UT: Ancestry.com Operations, 2011).

  Foster (“Blackhand War,” p. 53) notes that Basile “posed among the Sicilians as non-Italian, ‘just ’Merican.’ ” Perplexingly, Perry (Eliot Ness, p. 33) renders this quote as “ ‘just Mexican’—just a boozer.”

  LORENZO JULIANO: CT, October 15–16, 1927; April 4, 1928; January 7, 1929; June 21, 1930. Sullivan, Chicago Surrenders, p. 34. Foster, “Blackhand War,” p. 58. Luzi, Boys in Chicago Heights, p. 37.

  CHICAGO HEIGHTS LIQUOR RACKET: CT, January 7, 1929. Foster, “Blackhand War,” pp. 52–53. WPA Guide to Illinois, pp. 399, 524. Bergreen, Capone, pp. 196–203. Eig, Get Capone, pp. 86–87. Luzi, Boys in Chicago Heights, pp. 13–37. Corsino, Neighborhood Outfit, pp. 17–24, 29–33, 101.

  JULIANO AS ENFORCER: CT, October 15–16, 1927; April 4, 1928; January 7, 1929; June 21, 1930. Sullivan, Chicago Surrenders, p. 34.

  BASILE TURNS ON JULIANO: Alf Oftedal to George Golding, December 19, 1928, Box 4, “December 1928” folder, PU. CDN, December 12, 1928. CHE, December 13, 1928. CT, April 3–4, 1928; December 13, 1928; June 21, 1930; April 3, 1932. WP, December 13, 1928. Chicago Heights Star, December 14, 1928. NYT, April 3, 1932. Ness MS., p. 2, in ENPS, Roll 1, Folder 2.

  HEIGHTS INVESTIGATION BEGINS: CEP, November 28, 1928. CT, July 27, 1929. U.S. v. Thomas D’Amico, et al. Indictment, April 1929, in Box 1, “Criminal Case 19444 (Prohib. Chicago Heights)” folder, PCF. U.S. v. Joe Martino and John Giannoni, indictment, November 1928, pp. 1–3, in Box 607, “Criminal Case 18299” folder, CCF. Foster, “Blackhand War,” p. 53. Ness MS., pp. 1–4, in ENPS, Roll 1, Folder 2 (1, “were immediately approached,” “a diamond stickpin”; 2, “a rather short,” “who was an”).