Tag: Dillinger Gang

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.

Challenging the “Double Standard of Morality:” Indiana’s First Women Lawyers

1) Adele Storck 2) M. Elizabeth Mason 3) Eleanor P. Barker 4) Jessie Levy 5) Ella M. Groninger 6) Mrs. “Peggy” Edward Franklin White, courtesy of The Indianapolis Star, August 11, 1923, 30, accessed Newspapers.com.

The results of a hotly challenged event, the first ever Women’s Safety Driving Contest made the front page of the August 12, 1923 Indianapolis Sunday Star. Sponsored by the newspaper and Indianapolis police department, the contest had drawn two hundred entrants. Competition proved fierce, with first place decided by a solitary point. Photos of the top eight “lady drivers” featured prominently, yet ten pages back, tucked between “Married Women Often Forget Maid Friends” and “Gotham Gossip About Hoosiers,” an event of arguably more significance would soon be taking place. The headline simply read: “Women Lawyers to Attend Convention.”

Fifty years before winning the right to vote in 1920, women began entering the legal profession. In 1899, a group of eighteen New York City women formed the Women Lawyers’ Club. Twenty-four years later, the newly-rechristened National Association of Women Lawyers planned to hold its first convention on August 28 – 29, 1923 in Minneapolis, with Chief Justice and former President William Howard Taft in attendance. The six Hoosier lawyers highlighted in the Star’s story would play key roles in moving women into positions of power and public leadership.

Emma Eaton, 1894, courtesy University of Michigan Law School.

On October 7, 1894, the Sioux City Journal announced that “Miss Emma Eaton of Creston, Iowa, passed the examination at the head of the class.” The paper noted “She is a graduate of the state university [Iowa University] and the law department of Ann Arbor University [University of Michigan]. When her standing was announced, she was congratulated by the judges present and applauded by her classmates.”

Emma made a handful of court appearances in Iowa, assisting the Union County Attorney before settling on legal editorial work. In 1900, she married Edward Franklin White, a respected Indianapolis attorney and author. “Peggy” as she now called herself, was expected to put aside her professional career. For a few years she did just that, likely helping her husband edit law books. But in 1915, she got involved with a legislative bill to grant Indiana women partial suffrage; evidently not a universally popular position judging by the number of letters to the editor opposing it.

Historian Jill Weiss Simins noted that the two major state suffrage organizations—the Equal Suffrage Association (ESA) and the Woman’s Franchise League (WFL)—opposed one another regarding the question “Should suffragists accept partial suffrage to get their foot in the door and later work for full suffrage or demand full suffrage as their inalienable democratic right?” White toed the ESA’s line of thought in this regard. Responding to one particularly irate missive, White noted, “Some little independence of thought doesn’t hurt any cause.” That same year, White prepared arguments to the Indiana General Assembly for a bill to approve “the appointment of policewomen in twenty-five cities of the state.”  Supporting her would be another entrant into Indiana’s legal profession, Eleanor P. Barker. Through their work, Indiana became one of the first to inaugurate a statewide system of policewomen. When “the policewoman bill” introduced by Robert W. McClaskey failed in 1915, she used her involvement in the Women’s Legislative Council of Indiana to pressure lawmakers to revisit it.

While membership in the Women Lawyers’ Club had grown to 170 members by 1914, locally two women would graduate from the Indiana Law School, one of them being Barker. The Indianapolis trailblazer became the first woman to win highest honors from any Indiana law school and the only woman to accomplish that particular feat two years in succession.

Eleanor P. Barker, circa July 1918, courtesy of (Indiana) Angola Herald.

Like White, Barker dedicated herself to the cause of women’s enfranchisement. However, she toed the WFL’s line and felt it couldn’t be achieved on a state-by-state basis, opining that partial suffrage “took the steam out of the suffrage movement.” Instead, she supported the Anthony Amendment, which would become the 19th Amendment to the Constitution. Along with her role as the Indiana standard-bearer in Washington, D.C. suffrage parades, Barker chose to picket the White House “to impress President (sic) Wilson with the vigor of the militant suffrage crusade.” She also traveled the state registering women to vote and giving free classes in civics and political science.

Like many suffragists, Barker committed to war work at the outbreak of the Great War. Dr. Anita Morgan noted in her “We Must Be Fearless:” The Woman Suffrage Movement in Indiana that “What the war managed to do was to finally focus the energies of all these suffragists and clubwomen, so they acted in concert for one goal—win the war and in the process win suffrage for themselves.” The February 24, 1918 issue of the Indianapolis Star reported on Barker’s work, noting “In a time of below-zero weather, stalled traffic, all but impassable roads and multiplied discomforts and difficulties she heroically kept on her schedule made by the 14 – Minute Women’s Speaker’s Bureau.” As head of the state’s Congressional Union/Woman’s Party, Barker delivered thirty-two speeches, fourteen minutes long of course, about food substitution and conservation to record crowds throughout the Midwest. She also led the Women in Industry Committee, advocating for women’s and children’s working conditions during the war.

The Sacramento Star, November 3, 1919, 1, accessed Newspapers.com.

Ella Groninger was the second graduate from the class of 1914 and joined the family law firm of Groninger, Groninger & Groninger. A native of Camden, Ella had taught school before moving to Indianapolis in 1900. There, she attended the East Business College, clerking at her brothers’ law firm before obtaining her law degree. On October 15, 1919, in Marion County Superior Court, room five, Ella M. Groninger became the first woman judge to preside in an Indiana courtroom, ruling on the Tenney v. Tenney case.

George Tenney arrived with a litany of grievances in his divorce petition against Ida M. Tenney, claiming his wife hadn’t sewed buttons on his clothes and left the house lights on when she went out at night. After careful consideration, Special Judge Groninger denied the petition, saying “From the evidence introduced here, this woman has given twenty-nine of the best years of her life to this man. There is no proof of wrong.” When questioned afterwards on her decision, Groninger remarked, “The double standard of morality should not be given a chance to grow out of our divorce courts.

The Indianapolis Star, August 28, 1920, 1, accessed Newspapers.com.

Groninger was judge and jury, serving on the first jury of women in an Indiana court, made possible by ratification of the 19th Amendment. The case, a replevin suit for the recovery of a Victrola, took place in the court of T. Ernest Maholm, Justice of the Peace, on August 28, 1920. Although the trial was scheduled to start at nine o’clock, Mary E. Boatwick, the first Indiana woman to be served with a jury summons, had to be excused due to pressing matters related to her work for the Indianapolis Star. A half hour later, twelve women were sworn in to a courtroom, which was decorated with a “bank of flowers” arranged around dusty law books in honor of the historic occasion. The women represented a variety of religions, races, and professions, and included African American suffragist and actuary Daneva Donnell.

Although Gronginger was listed as the only attorney, juror M. Elizabeth Mason had begun her final year at Benjamin Harrison Law School. Born in Ohio, she had attended the University of Chicago before relocating to teach at Indianapolis public schools in 1904. At the age of forty-four, she decided on a legal career, taking classes at night. The following year, “Minnie” Mason became one of three exceptional women to earn a degree from Hoosier law schools.

The Indianapolis News, August 28, 1920, 7, accessed Newspapers.com.

The defense’s strategy, noted by the Indianapolis Star, was unique: “Louis Dulberger, in a snappy gray suit and white suede shoes, smilingly told the jury how he had ‘long awaited to see the time when women could sit on the jury in the court, and, now that the time has come, insisted that only women serve on the jury in this case.’” His platitudes did little to sway the jurors, who deliberated for five minutes before forewoman, Groninger, announced they’d reached a verdict—in favor of the plaintiff. As they filed out of the courtroom, the jurors were given a white chrysanthemum as a memento from the historic day.

Following Mason was Adele Storck, who became the second woman to graduate from Benjamin Harrison Law School in 1921, winning top honors for the best senior class thesis. Born in Kassel, Germany, Adele Storck immigrated with her family to Odell, Illinois. In 1900, similar to her friend, Mason, she took a teaching position within the Indianapolis public school system. Later, she attended DePauw University before entering law school at the age of forty-five.

After graduation, Storck became the first woman admitted to the Indianapolis Bar Association. She and her friend established Storck & Mason, credited as “the first woman’s law firm in Indiana” and one of the earliest in the country. On October 21, 1921, in one of the fledgling partnership’s first cases, Storck & Mason filed suit for the plaintiff, Hattie A. Storck, Adele’s sister in Marion County Circuit court. The outcome has been lost to history, but the law firm of Storck & Mason continued on for well over three decades with both partners considered “pioneer women attorneys.”

Advertisement, January 1, 1942, courtesy Indianapolis News, accessed Newspapers.com.

Officially, the law firm of Stork and Mason ended upon the death of “Minnie” Mason in 1955. Over the years, it had stood as a sterling example of equality, setting the stage for the emergence of numerous women-owned business nearly five decades later. Of equal note, Mason and Storck showed that it’s never too late in life to pursue your dreams.

The final woman from our group of trailblazers benefited from the others’ experience. Graduating in 1921 from the Indiana Law School, Jessie Levy eschewed the expected career “in estate planning, probate, and related tax matters,” instead gravitating towards criminal law. Her clientele included four members of the John Dillinger gang. Accused of trying to throw open “the doors of freedom to the most notorious public enemies in the Midwest,” Levy replied that her only interest was in obtaining a “fair trial,” but added, “When the time comes and I am challenged, I will have plenty to say.”

Jessie Levy and client, Russell Clark, in a Lima, Ohio courtroom, March 1934, courtesy of the author’s collection.

And that she did, becoming in May 1934, the first woman from Indiana admitted to practice before the United States Supreme Court. A month later, Levy became the first woman to deliver a stay of execution in Ohio. Reflecting back, she observed, “Oh, I had some pretty lurid cases in my time but I enjoyed what I was doing and found the cases challenging.” On February 1, 1951, a bill sat pending in the Indiana General Assembly with a clause allowing a husband to sell jointly-owned property without the signature of his wife. Contending that the proposed bill would make it easier for one spouse to cheat the other, Levy led a referendum for an amendment requiring the signatures of both spouses.

In 1971, after a half century practicing law and presiding over every Marion County court as either a special judge or judge pro tem, Levy would be honored by the Indianapolis Bar Association. When an Indianapolis Star reporter observed that fifty years in practice qualified her as a senior citizen, Jessie protested, “But I still feel young,” and then excused herself for a scheduled court appearance.

These six exceptional women epitomized the advice given by the late Justice Ruth Bader Ginsburg, who in 2015 told a group of young women at Harvard University: “Fight for the things that you care about, but do it in a way that will lead others to join you.” While the 19th Amendment increased women’s agency, it did not eliminate discrimination against them. Women still had to navigate a maze of state laws meant to keep them from exercising their rights. This is where the six Hoosier women made their most lasting contributions; each opposed discriminatory practices and laws restricting women’s access to the courtroom and the office. In the 1926 words of Eleanor P. Barker, “Women in Indiana have done more for politics and received less at the hands of politicians than the women of any other state.”

Click here for other firsts accomplished by these attorneys and a list of further reading sources.