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Officers of the law who died at Union Station
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The Trial of the Kansas City Massacre
THE TRIAL OF
ADAM C. RICCHITTI
AND THE
KANSAS CITY MASSACRE
Sheriff Fultz handcuffed Adam and took him to the city jail at Wellsville. Charles Floyd had managed to escape that day leaving his partner behind. During that day Adam Richetti was interrogated by the local law officers. He had been roughed up continuously while held in his jail cell. He had told them that his name was Eddy Zamboni, which Zamboni was his mother's maiden name, not wanting them to know who he was, and to get the attention of his family should they hear the name. Sheriff Fultz placed extra armed guards around the jail house.
By Sunday afternoon Sheriff Ray B. Long of Steubenville who was familiar with the Sustik's and Ricchitti's was the first to recognize Adam from pictures and descriptions the Federal Agents had left with him almost a year ago. As time went on that evening however, finger print files were found verifying Sheriff Long's suspicions. Adam eventually acknowledge the truth about who he was, triggering one of the most massive manhunts ever in the area. That night had been very cool in the jail house bunk.
Government agents, and other law enforcement personnel from all over the country were flown in to the area to aid in the search for Charles Floyd. On Monday, October 22, 1934, at 6 am, two car loads of department of justice agents came to Martins Ferry accompanied by Patrolmen George Helt and Edward McElfresh rushed into the Dillonvale area and immediately conducted an investigation at the homes of Minnie and Henry Sustik, and other Richetti relatives living in the Dillonvale area, looking for Floyd. They proceeded to investigate the area for approximately 5 hours as to the whereabouts of Charles Floyd and questioned them at length concerning their knowledge of their brother and his friends. The Agents went to the barn on the Sustik's farm going through the hay with pitch forks. Agents were so afraid that they had family members lead the way into the barn, using them as a human shields. There were no arrests made of the Ricchitti's, Sustik's, or De Matte's in connection with their involvement with Adam and Floyd, however it was well known that it could happen. Upon learning of their brothers capture in Wellsville and after they had been searched, Minnie, Dave and Bill De Matte raced to Wellsville to see their youngest brother.
Later that same day a bank teller was taken to Wellsville and to East Liverpool from the Tiltonsville robbery and identified Floyd as one of the hold up men, however she could not identify Adam as his face was badly swollen because of beatings he had endured by law enforcement officials. Harry J. Merkel another cashier at the Peoples' Bank at Tiltonsville and Miss Victoria Dragosin, one of the bank's clerks identified a picture of Charles Floyd along with Adam Richetti as his companion.
Also by that evening Adam's brothers and sisters, William & Francis (Sustik) De Matte, Dave Richetti and Minnie Sustik were waiting outside the jail in hopes of seeing their brother again. When allowed to see Adam they were surrounded by reporters. Minnie cried and pleaded with Adam for his black on white cameo ring. He initially refused saying the ring belonged to someone else, but had quietly slipped the ring off of his finger and secretly given it to Minnie fearing it would be lost. Later Joe Richitti was to give Minnie the picture of Adam displayed on the first web page. William, Dave and Minnie began to gather money and plans to secure legal help for Adam.
There had been large crowds that had gathered at the Wellsville police station. It was like a circus sideshow when thousands came to see Adam. Hundreds were permitted to go down the narrow staircase to the basement of the Wellsville city hall and view Adam in his cell. Outside, hundreds more waited their turn. That evening Sheriff Fultz had heard a rumor that either family or gang members would attempt to try a jail break. He had put on additional guards once again. It was reported that an automobile had driven through town with the barrels of guns pointed out of the windows.
On Oct. 23, 1934 Adam Richetti was arraigned in Wellsville and pleaded guilty to the charge of carrying a concealed weapon, and was fined seventy-five dollars, he pleaded not guilty to shooting Fultz with the intent to kill. Bond was set at fifty thousand dollars, On Wednesday, October 24, Adam in heavy shackles and armed guards was taken from Wellsville to the Columbiana County jail at Lisbon in a six car procession led by Chief Fultz. Hundreds of farmers and spectators stood outside their homes to see the caravan pass. Officers detoured by the Lisbon schoolhouse, which was next to the county jail and let the students have a good look at Adam, a living example that crime does not pay. Adam was paraded outside of his cell twice that day for the curious.
By Oct. 26, 1934 extradition proceedings to Missouri were beginning against Adam, on charges of murder against a Missouri State Trooper, and a local Sheriff in Columbia, Mo. Around this time the Richetti's, and De Matte's had hired two lawyers out of Steubenville, Ohio to aid Adam. Those lawyer's were John F. Nolan and Hugo F. Chestosky who immediately had the extradition postponed on Oct. 30, 1934. Although the extradition was delayed, Adam gave a deposition on Nov. 1, 1934.
Almost immediately upon the capture of Adam Richetti, and the death of Charles Floyd there were a course of events that were to be set in motion that would affect many law enforcement, government, and state agencies, that would impact anyone remotely connected with the Kansas City Massacre. First and foremost was the indictment and conviction of four individuals, Richard Galatas, Herbert Farmer, "Doc" Louis Stacci, and Frank Mulloy. They received 2 year sentences for their part in the Kansas City Massacre. Adam had also been indicted by that same Federal Grand Jury, however they held those indictments back and he was not tried in the hopes that the State of Missouri could convict him on murder charges
On 1 DEC 1934 the State of Ohio transferred custody of Adam, and it was then that the State of Missouri took him to Jackson County where he was to be tried for his involvement in the Kansas City Massacre.
Still being held in Lisbon, Ohio, on a $50,000 bond, Adam was under heavy guard day and night at the jail, fearing an underworld attempt to free him, or possibly silence him. Sheriff Frank Ballantine refused to surrender Adam to federal authorities until assurance was given he would be returned to Ohio, in the event of an acquittal in Missouri. Then Ohio Gov. George White, on Nov. 3, 1934 OK'd Adam to be sent to Kansas City, Mo. on a warrant that was issued to Maj. L. M. Means and Capt. T.L. Leigh of the Missouri State Police. This was the first open move by the Federal Government to obtain custody of Adam. A writ of habeas corpus and testificandum issued at Kansas City provided that Adam be brought back to Ohio upon completion of his appearance before the Grand Jury.
Adam was taken to Cleveland, Ohio at 2 am, on Nov. 3rd and flown to Kansas City, Mo. under tight security and a cloak of secrecy not wanting a repeat of what had happened at Union Station, Mo. On the evening of November 4, Adam handcuffed and manacled was paraded through the downtown streets of Kansas City after arriving from Chicago. Secrecy had been scorned on the last leg of his journey from the Columbiana county jail at Lisbon, Ohio where he was surrendered to federal authorities. A flying wedge of husky federal men pointed by a giant black deputy United States marshal, hustled Adam through Union Station to a sheriff's car.
Adam, in a straitjacket and with a dirty felt had pulled low, used manacled hands to hide his face as new cameras flashed. The press hollered "Open up. Richetti, Give us a break". "Save your time buddy", was the response from the US Marshall. The crowds and press gathered tightly as the marshals and federal agents drew their guns in order to move them back. Sheriff Thomas Bash pointed out the place of the massacre to Adam, asking him "That was the place, wasn't it?". Adam replied "I don't know what you are talking about," Adam never uncovered his face even for a moment even after he was stuffed into the waiting car. Sirens screamed warning of Adam's passage, in challenge to gangsters who might attempt to deliver or silence their confederate.
Noticeably absent from the officers forming Adam's escort was Thomas J. Higgins, chief of detectives, and Eugene C. Reppert, former director of police and Lieut. George Rayen, head of the stolen car bureau, were indicted the night before by the federal grand jury investigating the massacre.
At the county jail, Adam was dressed in prison denim and then questioned at length by Maurice Milligan, United States district attorney, and R.B. Nathan, chief of the federal bureau of investigation, and Sheriff Bash. After three hours of grilling Adam, Maurice Milligan said he had no announcement to make. Newspaper men then were allowed into the area to take pictures.
Just days later, Adam Richetti was indicted by the US Grand Jury on a true bill containing three counts of conspiracy, each not punishable by no more than 2 years imprisonment, and $10,000 each count.
Once again, Adam was on the road and by Nov. 7th he was back at the Lisbon, Ohio prison, this time only for a day and by the 8th of November was on his way to Columbia, Missouri to face charges of murder on two law enforcement officers. Adam had waived extradition for this trip and was probably his first legal mistake, and by November 10th he was being charged for murder on two counts of a Missouri highway patrolman, Sgt. Ben Booth, and Sheriff Roger Wilson in a gun battle along side the road.
On November 15th, 1934 for some unknown reason at this time, documents on the 3 Federal indictments indicate that the US attorney general wanted to drop the case from the court dockets at this time only to have them reinstated at a later date. A week later on November 28th 1934, Adam was cleared of the two murder charges against him by the confessions of other individuals, a local farmer, George McKeever, and George McNeiley.
After he was cleared of those charges in Columbia, Mo. Adam was sent to Kansas City, Mo., on December 1, 1934 to await Federal charges of Conspiracy to commit murder for the Kansas City Massacre. The Ohio Columbia County, Prosecutor George L. Lafferty said he agreed to the removal of Adam Richetti to Kansas City because we want him to be tried where they have the most severe charges against him.
On 1 December 1934, Eva was released from jail in Denton, Texas, just as Adam was being transferred to Missouri. On January 7th, 1935 just outside of Dallas, Texas in a little place called Kiowa, Eva and her friend Maude Lawson along with three men, Malloy "Red" Kuykendall, Oscar Mullins, alias Jim Hasley, and Sylvester Reece, some of which had escaped from Holdenville, Oklahoma in October 1934 had stolen a new car at the point of a gun. Eva had tried to enlist friends and orchestrate a rescue attempt of Adam while he was being transferred to the Jackson County Jail at that time. They were caught at a farm house just southwest of Atoka, Oklahoma. Arrested and sent to jail at Mc Alester, Oklahoma they again made an attempted jail break which failed.
During the four months that Adam sat waiting in the Jackson County Jail, he had no legal representation in the Jackson County Grand Jury hearing. Adam had entered a not guilty plea, and after waiting almost 4 months , was indicted on four counts of murder in the first degree on March 1, 1935. He was charged with the murder of William J. Grooms, city detective; Otto Reed, McAlester, OK., chief of police, and Raymond J. Caffrey, agent of the division of investigation, department of justice, and Frank Hermanson, a Kansas City policeman.
On the 7th day of March, the court recognized that Adam was without representation and appointed two public defenders, R.J. Holmden and Eaton Adams as his council whom Adam did not feel comfortable with and they asked to be replaced. The court then appointed two new public defendants, R. S. Latshaw and James Daleo on 27 March. James Daleo had represented Gallantas, Farmer, and Stacci during the Federal grand jury investigation earlier in the year.
By April 2nd the State had come to a consensus on the witness list for the up and coming trial. Those names that appear below were all potential witness, although many did not testify:
W. H. Sheppard, Hot Springs, AK
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Harold Anderson, Dept. Justice
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Mrs. Betty Bongers, Hot Springs, AK
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Walter F. Trainer, Dept. Justice
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Nancy Bell Kennedy, Hot Springs AK
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Jerry R. Murphy, Dept. Justice
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Freda Hansen, Hot Springs, AK
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V.E. Brenned, Dept. Justice
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Edith Rainwater, Hot Springs, AK
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M.H. Purvis, Dept. Justice.
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John Stover, Hot Springs, AK
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Sam McGee, Dept. Justice.
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George Smith, Joplin, MO
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B.E. Campbell, Chicago, ILL.
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Mrs. Loreta Brown, Joplin, Mo.
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Miss Elizabeth Flemming, Chi.
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Mrs. Wilma Swafford, Joplin MO
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V.B. Mintum, Kansas City, Mo.
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Miss Vera Felton, Kansas City, MO
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McFarland, Kansas City, MO
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Mrs. Wm. T. Alford, Kansas City, MO
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Merl Gill, Kansas City, Mo.
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William T. Alford, Kansas City, MO
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Lt. William Gordon, Kansas City
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Earl H. Smith, 6623 Edgevale Rd, Mo.
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Thomas J. Higgins, Kansas City
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Mrs. E. H. Smith, 6623 Edgevale Rd, MO
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Warden, State Penn, So Dakota
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Thomas Dalton, Waldo Transfer
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John H. Fultz, Wellsville, Oh
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F.T. Morrison, Leavenworth, KS
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W.O. Beeman, Dept. Sheriff, K.C.
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Mrs. Larter, Leavenworth, KS
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Thomas B. Bash, Sheriff, K.C.
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Mrs. Frances Nash, Leavenworth, KS
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John Kelly, Dept. Sheriff, K.C.
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Arthur Muchow, Los Angeles, Ca..
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Mrs. Hanna, K.C. Union Sta R-218
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Mr. Robbins, K.C. Union Sta R-218.
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Mrs. Beal, K.C. Union Sta. R-218..
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DAY 1 & 2
On the 10th of June, 1935, the State of Missouri charged that Adam Richetti was one of three gunmen who attempted to rescue Frank Nash. The state announced it would ask the death penalty for Adam and the eighty-five prospective jurors called for the case were being closely examined to determine if they had any qualms against imposing the death penalty. Few seats were left for spectators when eight-five of the prospective jurors were taken into the court room. Of that eighty-five, thirty four were excused at the morning session of the trial, and twenty-two were excused because they were opposed to the death penalty.
By June 11th, Judge Cowan ordered Sheriff Thomas B. Bash to summon more jurors and the jury selection continued on until the morning of June 12th. The trial being only in it's second day already was being temporarily postponed due to a lack of available jurymen. Many jurors were being disqualified because they had just seen two movies shown only weeks prior to this trial, "G Men, and Public Enemy No. 1" which showed pictures of Adam and Charles. Eleven others had been excused as they already had formed opinions in the case, and another was excused because of ill health. Forty-seven jurors had to be qualified from the eighty-five being examined. Judge Cowan ordered Sheriff Thomas B. Bash to keep the remaining group of fifty-one intact during the noon recess and to keep the general panel intact. The panel of forty-seven from which the jury is to hear the first degree murder case of Adam Richetti had been obtained by the morning of Wednesday, June 12th. Testimony would began the 13th of June after the state eliminates 15 jurors by 2pm and the defense eliminates 20 jurors by 5:30pm. The remaining 12 men will form the jury. Shortly thereafter a total of 43 jurymen were impaneled and sworn in. Of those 43, 12 were selected to sit in the jury box, they were:
Paul Galvert
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John J. Jordon
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Robert J. Fowlston.......
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Leo M. Brown
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Charles H. Carlock............
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Caron Burton..............
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Lee Davies
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Raymons S. Trone
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Robert R. Carey
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George O'Dewey
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Nichols Fraoul
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Norman V. Hash
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As soon as the jurymen were sworn in Judge Cowan instructed Deputy Sheriff's M.J. Brennan and C.W. Fields to secure them in the hotel for the night.
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