Dillinger, Denial, and Devotion: The Trials of Lena and Gilbert Pierpont

Harry Pierpont, courtesy of Geocities, and Lena Pierpont, courtesy of Find-A-Grave.

“Harry is a fine boy, he never told me a lie in his life,” Lena Pierpont proclaimed about her son, “Handsome Harry” Pierpont, who was considered the brains of the John Dillinger gang.[1] Like many families, the Pierponts rallied around their son in times of trouble. The extent to which they defended Harry demonstrated both the depths of parental love and the pitfalls of willful ignorance. Harry’s troubles centered on the frenzied period between September 1933 and July 1934, when the Dillinger gang became America’s most wanted criminals for a crime spree that impacted Indiana communities big and small.

While Dillinger became the FBI’s very first “Public Enemy Number 1,”[2] 32-year-old Harry Pierpont was often credited with being the architect of the Dillinger gang’s crimes, and the mentor who helped make Dillinger a skilled criminal.[3]  Born in Muncie in 1902, Pierpont had amassed a lengthy criminal history long before meeting up with Dillinger. Pierpont was linked to a series of 1920s bank and store robberies across the state, including in Greencastle, Marion, Lebanon, Noblesville, Upland, New Harmony, and Kokomo, prior to landing in the Indiana State Prison at Michigan City – where he befriended and mentored Dillinger.

Pierpont’s criminal sophistication, however, had not spared him from arrest. By July 1934, he was arrested and awaited execution in Ohio for the murder of Lima County Sheriff Jesse Sarber. The sheriff had been killed in October 1933 as gangsters broke Dillinger out of the county jail. Pierpont’s mother, Lena, and father, J. Gilbert, instinctively believed in their son’s innocence and grew resentful over the “persecution” they said they endured from authorities after they had relocated from Ohio to Goshen, Indiana in April 1934. Pierpont’s beleaguered parents had come to the Hoosier city to try and “make an honest living in a respectable business.”[4]

By mid-July, with Dillinger still at large (although only days away from being slain by federal officers in Chicago), the Pierponts were under constant surveillance in an all-out effort to locate Dillinger. They had rented a “barbeque and beer parlor” on what was then called State Road 2 (now U.S. 33 West). Known as the “Cozy Corner Lunch” spot, the roadhouse was a half mile northwest of the famous A.E. Kunderd gladiola farm just outside the Goshen city limits.[5] Conducting what she called her first “free will interview” given to a journalist, Lena told the The Goshen News Times & Democrat, “I am going to try and open this place and run a legitimate business as soon as these men stop trailing us. Mr. Pierpont (her husband) is ill and unable to work, so all we want is to earn an honest living.”[6]

The Goshen News Times & Democrat reported that the Pierponts had rented the barbeque stand on an one-year lease offered by a couple identified as Mr. and Mrs. Rodney Hill. Although summer was nearly half over, the Pierponts had not opened for the year because a requisite beer license was still pending. The Pierponts believed this was held up by local officials facing pressure from federal authorities. Lena bitterly explained that the couple had sold all of their farm goods in Ohio in order to open the Goshen business.

“We should not be persecuted,” Lena explained. “We’re simply unfortunate. The government should call off its detectives and allow us to live as other good American citizens.” She pointed at a car parked about a quarter mile away and said, “See that car down the road? They’re always watching us.” She alleged that “Every minute for 24 hours a day we’re shadowed. They think we know (John) Dillinger and that he may come here. We don’t know him and we don’t want to.”[7] She insisted that her son was hiding in the attic of her home on the night the Ohio sheriff was killed, and while he was a fugitive escapee from the Indiana State Prison at the time, he was no murderer.[8]

Lena suggested that if she and Gilbert did know Dillinger maybe “we could get a deposition from him to the effect that our son, Harry, did not kill Sheriff Jess Sarber at Lima, Ohio.” Harry had assured her that Dillinger would clear him of the murder “and name the real slayer,” thus saving her son from the electric chair in Ohio.[9] The Indianapolis Times reported in September, Lena successfully arranged to meet with him in Chicago. According to her account, when asked who freed him from the Lima jail, Dillinger said “‘I’ll tell you who turned me out. Homer Van Meter is the man who fired the shot that killed Sarber and Tommy Carroll and George McGinnis are the men who were in the Lima jail and turned me out.'”[10]

Members of the Dillinger outlaw gang, Russel Clark, Charles Makley, Harry Pierpont, John Dillinger, Ann Martin and Mary Kinder, are arraigned in Tucson, Arizona on January 25, 1934, courtesy of the Associated Press.

Although used to letting his wife serve as family spokesperson, Gilbert Pierpont told an enterprising reporter from The Goshen News-Times & Democrat, “Harry (Pierpont) will not die for the murder of Sheriff Sarber. We are looking for a reversal of the Lima verdict by the Ohio Supreme Court. If not, the case will go to the United States Supreme Court.”[11] Harry’s angry and reportedly ill father said he didn’t like talking to reporters “because of so many false statements they have made about my son.” Contrasting her ailing husband, Lena “was jovial during the interview” and “jokingly remarked that the press would have it all wrong” when writing about her son.[12]

State and federal law enforcement officials were quick to impeach the Pierponts. Captain Matt Leach, who headed the effort of the Indiana State Police to bring the marauding gang to justice, actually identified Pierpont as “the brains” of the Dillinger gang. It was Pierpont, Leach said, who came up with the idea of springing Dillinger from the county jail in Lima by posing as Indiana police officers. When Sheriff Sarber demanded to see their credentials, Pierpont reportedly said, “Here’s our credentials,” and fired multiple shots into the lawman, killing him instantly.[13]

It was a short-lived, but “productive” period of freedom for thirty-one-year-old Dillinger after being sprung from the Lima jail. During this stint, he led his gang in a bold April 12, 1934 raid on the Warsaw Police Department, where they seized a cache of guns. The gang also conducted a deadly robbery of the Merchants National Bank in downtown South Bend on June 30, killing a police officer and injuring four others in a brazen sidewalk shootout. Federal agents put a stop to the spree when they gunned down Dillinger on the streets of Chicago on July 22, just nine months after the Pierpont-led escape from the Ohio jail.

The Akron Beacon Journal, March 8, 1934, 1, accessed Newspapers.com.

While Dillinger met his “death sentence” on a Chicago street, Pierpont remained on Ohio’s death row for the murder of Sheriff Sarber. Lena said she and her husband would continue to make the journey of more than 200 miles from Goshen, Indiana to Columbus, Ohio, “every weekend” to see their son. “We will continue to do this as long as we have any money,” she said.[14] Lena also declared she would continue to challenge state and federal authorities for their alleged harassment of her family. She had reportedly talked to an Elkhart attorney about bringing suit against state and federal authorities.

“We are unfortunate that our son is in prison under sentence of death,” Lena said, adding “No other members of our family have a criminal record. We should not be persecuted. They tell us that these men, who are constantly nearby in parked automobiles ready to follow us at any time we may leave, are federal government men.”[15] Lena’s claim that her son Harry was the only member of her family who had run afoul of the law was not accurate. The Pierponts’ younger son, Fred, 27, and Lena herself, were both arrested and held on illegal possession of weapons charges and vagrancy in Terre Haute in December 1933. A car driven by Lena on the day she was arrested contained almost $500 in cash and a sawed-off shotgun.

To publicize her claims of harassment, a day after granting an exclusive interview to The Goshen News Times & Democrat (picked up by the Associated Press and reported by newspapers across the nation), Lena marched into the Elkhart County Courthouse at Goshen, demanding that she be granted her long-delayed beer license and that an “order of restraint” be placed against detectives following them.[16] Despite his family’s attempts to win over “the court of public opinion,” as summer gave way to fall in 1934, Harry’s appeals to the Ohio Supreme Court were coming to no end other than delaying his execution. Surprisingly, in late September, Pierpont and fellow Dillinger gang member, Charles Makley, staged a spectacular, yet unsuccessful escape attempt from the Ohio Penitentiary. Fashioning realistic-looking handguns made of soap (and blackened with shoe polish), Pierpont and Makley were immediately “outgunned” by prison guards, who killed Makley and critically wounded Pierpont in a shootout.[17]

By October, Pierpont could no longer escape his fate. As one reporter noted, Pierpont “whose trigger finger started the John Dillinger gang on its short but violent career of crime that blighted everything it touched, must die in the electric chair at the Ohio Penitentiary.” Prison officials reported “the doomed man has reconciled himself to death and embraced his former faith, the Roman Catholic religion.”[18]

Sullen and weakened by the gunshot wounds sustained during his failed prison escape, Pierpont strongly contrasted with “the braggart who once boasted he would kill every cop on sight.” Now, jailers said, Pierpont wished out loud that he too had been fatally wounded in the prison shootout.[19] “Pierpont’s mother, Lena, by this time living near Goshen, Indiana, and his sweetheart, Mrs. Mary Kinder, an Indianapolis gang ‘moll,’ are remaining true to the fallen gangster to the last,” one newspaper account told. Kinder, whom reporters were quick to point out was previously married, “even went to Columbus recently[,] determined to marry Harry in prison before he dies.”[20]

South Bend Tribune, October 19, 1934, 1, accessed Newspapers.com.

On October 17, 1934, the “fair-haired brains of the dissolved Dillinger mob” was executed. The Associated Press noted, “Quietly, unaided and with the ghost of a smile on his lips, the 32-year-old killer sat down to death in the gaunt wooden chair within the high stockade of the prison guarded in unprecedented fashion.”[21] Reporters who witnessed the execution said Pierpont “was not asked for any ‘last word,’ and he volunteered none. He just sat down with a rueful smile, closed his eyes, strained the muscles of his lanky, six-foot-two frame, as the current struck, clenched one fist – and that was all.”[22] A national wire photo showed Kinder comforting Lena and Gilbert at their new home along U.S. 31 in Lakeville in St. Joseph County, where they had moved after their failed attempt to start a roadhouse near Goshen.

A funeral was conducted for Harry inside the Pierponts’ home, led by a priest from the Sacred Heart Catholic Church of Lakeville. The services were held an hour earlier than was announced to keep reporters away. Harry Pierpont had told Ohio prison officials that he desired a “simple, but lavish funeral” and wanted his remains be released to his parents in Indiana.[23] The South Bend Tribune reported, “His casket was adorned only by a small wreath of artificial flowers, and lay grotesquely surrounded by canned goods and automobile accessories in his parent’s home store.”[24] Harry was eventually buried at the Holy Cross and St. Joseph Cemetery in Indianapolis.

Lena Pierpont would appear in the news one more time for her resilience. In the summer of 1937, Lakeville town authorities took court action to rid the village of “a band of roving coppersmiths” who had settled at Lena’s White City Inn. Surely she refused to oust them because she needed the income in the lean Depression years, but perhaps she also related to those on the fringes of society, trying their best to survive.[25]

The Pierponts suffered another tragedy when Harry’s younger brother, Fred, died in March 1940 at the age of 33 from injuries suffered in a car crash near South Bend. Perhaps being forced to hone the art of resilience due to the upheaval wrought by Harry helped them survive this second blow. Lena died in her Lakeville home on October 21, 1958 at the age of 78. Her long-suffering husband Gilbert, died three years later also at Lakeville at the age of 80. They were buried alongside their infamous son in Indianapolis.[26]

Police booth, courtesy of the Goshen Historical Society.

* Interestingly, the Goshen connection to the Dillinger gang, beyond the Pierponts’ battles there, is forever enshrined in the city’s limestone police booth opened in 1939. The impressive octagon structure sits on the corner of the Elkhart County Courthouse square, opposite Goshen’s two largest banks. Complete with bulletproof glass (donated by two of the city’s banks), the booth (partially funded by Works Progress Administration dollars) was never called into duty as Goshen’s banks escaped being robbed.

Sources:

*Primary documents were accessed via Newspapers.com, the Goshen Public Library, and the Goshen Historical Society. 

[1] Associated Press, July 12, 1934.

[2] Andrew E. Stoner “John H. Dillinger, Jr.” in Linda C. Gugin and James E. St. Clair, eds., Indiana’s 200: The People Who Shaped the Hoosier State (Indianapolis: Indiana Historical Society Press, 2015), 96.

[3] Patrick Sauer, “Harry Pierpont: John Dillinger’s Mentor” in Julia Rothman and Matt Lamothe, eds., The Who, the What, the When: Sixty-Five Artists Illustrate the Secret Sidekicks of History, (San Francisco: Chronicle Books, LLC., 2014), 42.

[4] Goshen News Times & Democrat, July 12, 1934.

[5] Goshen News Times & Democrat, July 19, 1934.

[6] Goshen News Times & Democrat, July 12, 1934.

[7] Goshen News-Times & Democrat, July 12, 1934.

[8] United Press, July 13, 1934.

[9] Associated Press, September 23, 1934.

[10] Indianapolis Star, July 13, 1934.

[11] Goshen News-Times & Democrat, July 12, 1934.

[12] Goshen News-Times & Democrat, July 12, 1934.

[13] Paul Simpson, The Mammoth Book of Prison Breaks: True Stories of Incredible Escapes (London Constable & Robinson, LTD., 2013).

[14] Goshen News-Times & Democrat, July 12, 1934.

[15] Associated Press, December 14, 1933.; Goshen News-Times & Democrat, July 12, 1934.

[16] Ibid.

[17] Associated Press, September 22, 1934.

[18] Massillon (Ohio) Evening Independent, October 4, 1934.

[19] Massillon (Ohio) Evening Independent, October 4, 1934.

[20] Massillon (Ohio) Evening Independent, October 4, 1934.

[21] Associated Press, October 17, 1934.

[22] Ibid.

[23] Indianapolis Star, October 19, 1934.

[24] South Bend Tribune, October 18, 1934.

[25] United Press, June 8, 1937.

[26] Muncie Evening Press, October 22, 1958.; Muncie Star-Press, October 4, 1961.; Associated Press, March 6, 1940.

Justice for a G-Man: The FBI in College Corner

In August 1935, Special Agents Nelson B. Klein and Donald C. McGovern from the Cincinnati office of the FBI began investigating convicted criminal George W. Barrett, the “Diamond King,” for his suspected involvement in a number of motor vehicle scams in Ohio and elsewhere across the country. The Department of Justice had Barrett under surveillance since 1931 for dealing in stolen automobiles. In “Barrett v. United States,” in the Seventh Circuit Court of Appeals, heard on March 17, 1936, the court provided details on Barrett’s criminal activities, stating:

His method was to buy an automobile, obtain title papers for it, steal an automobile of similar description, change its motor numbers to correspond with those on the purchased car, obtain duplicate title papers, and then sell the stolen car to some dealer.

In each instance, Barrett sold the stolen vehicles with papers purporting to show that the sales were legitimate.

Special Agent Nelson B. Klein. Courtesy Federal Bureau of Investigation at “History – Federal Bureau of Investigation.”

Special Agents Klein and McGovern learned that Barrett was in Hamilton, Ohio after a recent car deal there with the Central Motor Company, but neither they nor the local police were able to question him before he left the area. Acting on a tip, the G-Men – a term used to describe government men, particularly the federal agents working under J. Edgar Hoover – suspected Barrett might travel to College Corner at the Ohio-Indiana border, where Barrett’s brother lived. They drove there on August 16, 1935 and spotted Barrett near the residence of his brother’s home, along with a vehicle matching the motor number of an automobile involved in one of Barrett’s recent schemes. Klein telephoned the sheriff’s office in Hamilton for assistance in arresting Barrett, and he and McGovern parked their car and waited. Before Sheriff John Schumacher and Deputy Charles Walke arrived, Barrett returned to his car with a package in which he had hidden a gun.

Special Agent Donald C. McGovern. Courtesy William Plunkett, The G-Man and the Diamond King, page 37.

Barrett went to unlock his car door, but as Klein and McGovern started their vehicle and began to approach, he abruptly turned and started walking away. Fearful that he was trying to flee and would elude them again, Klein jumped out of the FBI vehicle and called out to him to stop. Barrett ignored the calls and continued walking down a nearby alley with Klein in pursuit.

Once back in the open, the “Diamond King” opened fire, striking Klein numerous times. Klein returned fire and succeeded in hitting Barrett in the legs, but the federal agent succumbed to his gunshot wounds and died at the scene.

In the days following, newspapers across the country reported on the gun battle that had ensued in College Corner. On August 18, 1935, just two days after the shooting, the Indianapolis Star reported that Barrett would stand trial in Indianapolis and would be taken there as soon as his wounds allowed. Although College Corner falls right along the Indiana-Ohio line, agents confirmed that Klein had fallen dead on the Indiana side. The Richmond Item reported: “the trial, to be held in the Indianapolis Federal Courtroom, will be the first murder trial ever conducted in the Southern Indiana District Court.”

[Zanesville, Ohio] Times Recorder, August 17, 1935, page 1. Courtesy Newspapers.com.
Sheboygan [Wisconsin] Press, August 17, 1935, page 2. Courtesy Newspapers.com.

The Richmond Item, August 31, 1935, page 1. Courtesy Newspapers.com.

Federal officers transferred Barrett from the Hamilton, Ohio hospital to the City Hospital in Indianapolis on August 21. On August 26, the [Hamilton] Journal News reported on the recovery of one of the automobiles Barrett reportedly stole and transported over state lines from San Diego to Hamilton. Barrett allegedly changed the motor and serial numbers of the car before selling it to a garage in Hamilton. Jurors wasted no time in indicting Barrett for the murder of Special Agent Klein and for violating the National Motor Vehicle Theft Act.

George W. Barrett. Courtesy Find a Grave.

Passed in 1919, the National Motor Vehicle Theft Act – also known as the Dyer Act – helped supplement individual states’ efforts to combat automobile theft in the country. In the fall of 1919, newspapers reported that the practice of stealing automobiles was on the rise throughout the U.S., especially in some midwestern cities such as Detroit, Chicago, and St. Louis. The Indianapolis News claimed that over 22,000 automobiles were stolen in eighteen western and midwestern cities in 1918. Other articles put the number closer to 30,000. Congressman Leonidas C. Dyer of Missouri, who introduced the legislation, argued that the losses amounted to hundreds of thousands of dollars each year, while also causing hefty increases in automobile theft insurance.

Stolen vehicles reported by Representative Dyer. Chicago Tribune, September 21, 1919, section 2, page 13. Courtesy Newspapers.com.

The act sought “to punish the transportation of stolen motor vehicles in interstate or foreign commerce.” In accordance with the law, anyone who knowingly transported or caused to be transported a stolen motor vehicle in interstate or foreign commerce could be fined up to $5,000, imprisoned for up to five years, or both. Those found guilty of violating the law could also be punished in any district through which the guilty party transported the vehicle. According to former Special Agent William Plunkett in The G-Man and the Diamond King:

The BOI (later the FBI) gained more influence in 1919 with the passage of the Dyer Act . . . now it could prosecute criminals who’d previously evaded the Bureau by driving across a state line. More than any other law, the Dyer Act sealed the FBI’s reputation as a national investigative crime-fighting organization.

Federal officers arrested many professional automobile thieves in the 1920s and 1930s after the law went into effect. In many instances, these criminals were wanted for other offenses, including murder. Prior to the passage of the act, federal agents did not have the authority to pursue such criminals and had to let local and state authorities try to handle the rising number of cases. In some instances, local authorities caught and successfully imprisoned criminals and gangsters of the period, only to see their prison sentences expire or have them escape and commit more dangerous crimes. This was particularly true in the case of notorious gangster John Dillinger. In the early 1930s, Dillinger and his gang robbed several banks, plundered police arsenals, killed a police detective in Chicago, and fled the county jail in Crown Point, Indiana in March 1934 after being held to await trial. The FBI’s website states:

It was then that Dillinger made the mistake that would cost him his life. He stole the sheriff’s car and drove across the Indiana-Illinois line, heading for Chicago. By doing that, he violated the National Motor Vehicle Theft Act, which made it a federal offense to transport a stolen motor vehicle across a state line.

After Dillinger violated the National Motor Vehicle Theft Act, the FBI became actively involved in his capture.

Indianapolis Star, December 4, 1935, page 3. Courtesy Newspapers.com.

Both the National Motor Vehicle Theft Act and a recently passed 1934 law making the killing or assault of a United States officer a federal offense punishable by death sealed George Barrett’s fate. His trial began on December 2. According to The Tennessean, he was only the second man to be tried under the new law providing for capital punishment in the killing of a federal officer. Edward Rice, defense counsel for Barrett, argued that Barrett had been warned days before Special Agent Klein’s killing that Kentucky outlaws were after him and might pose as officers. As such, Barrett maintained that he acted in self-defense out of fear for his life. However, during his time on the witness stand, Special Agent Donald McGovern testified that Klein called out to Barrett and clearly identified himself and McGovern as federal officers.

On December 8, the Indianapolis Star reported that the jury only took fifty minutes to return with a guilty verdict. With no qualification calling for life imprisonment, Barrett was to be hanged. District Attorney Val Nolan stated “I think this is the greatest victory for law and order ever achieved in the state of Indiana.” Electrocution replaced hanging in Indiana several years earlier, but because Barrett’s sentence would be carried out under federal law, U.S. criminal code specified death by hanging.

Indianapolis Star, December 8, 1935, page 1. Courtesy Newspapers.com.

On March 18, the Indianapolis News noted that George “Phil” Hanna, an expert hangman, would lead the execution. Known as the “Humane Hangman,” Hanna had participated in close to seventy previous hangings in an interest to see them done correctly, without additional pain or suffering to the condemned. Barrett hanged at 12:02 am on March 24, 1936 in the Marion County jail yard, and was pronounced dead ten minutes later. Despite the late hour, fifty people reportedly traveled to the jail yard to witness the hanging.

Nelson B. Klein gravestone. Courtesy Find a Grave.