›››  HOW THE VAGRANTS BROKE MURDER Inc.›         by JERRY GINSBERG››     (The   following  article  is  an›interesting   bit  of  NEW  YORK  CITY›history   by   a  member  of  THE  OL'›HACKERS. Editor)››     When   the   brand  new  District›Attorney of Kings County BROOKLYN took›over   as  Brooklyn's  top  prosecutor›early  in  1940,  he  was faced with a›most   perplexing  problem-  some  two›hundred  bodies  dumped  in and around›the  "City  of Churches." D.A. William›O'Dwyer, had left the secure tenure of›a  County  Court  Judge  to assume the›mantle    of    the    borough's   top›crimebuster.    The    notoriety    in›uncovering   what   Harry   Feeney,  a›reporter    with    the    New    York›World-Telegram,   coined   as  "Murder›Inc."  would  years  later  propel him›into  the mayoralty of the City of New›York.››     His Chief Assistant Burton Turkus›with  author  Sid Feder would write in›their  popular book "Murder Inc." that›of  particular  interest to the lawmen›was   the   heavy   concentration   of›cadavers dumped in the eastern part of›the  County  called Brownsville - East›New York. Turkus estimated that in ten›years  over  twenty  four corpses were›unceremoniously deposited in a certain›two mile stretch of that section.››     It  was  no secret that notorious›gangs   ruled   not  only  some  major›industries   but  also  some  complete›sections  of the City especially those›with   a   large  number  of  recently›arrived  European  immigrants. Most of›these  gangs  were carryovers from the›days  of  prohibition which sought the›easy     profits     in    bookmaking,›prostitution,   narcotics   and  labor›"negotiation"   that   they  had  once›realized  from  bootlegging.  Names of›mob  overlords  Louis  Lepke,  Charley›(Lucky)  Luciano, Albert Anastasia and›Benny  (Buggsy) Siegel were well known›to  law  enforcement but the extent of›their  combined  efforts  was  not yet›realized.       The       "Syndicate",›"Combination",    "Mafia"   or   "Cosa›Nostra"  were  not  yet found in every›man's vocabulary.››     Decisions  of  the  United States›Supreme   Court   that   afforded  the›criminal  defendant greater privileges›had not yet been decided and would not›for     another    decade.    O'Dwyer,›therefore, could and did take measures›that  present day prosecutors can only›wonder at. Many of the tactics used by›the   Brooklyn   District   Attorney's›office to break "Murder Inc." have now›been   declared  in  violation  of  an›individual's constitutional rights. It›was not as popular then as it is today›to  debate the balance of the right of›society   to   secure  a  law  abiding›populace and the right of every person›to live an unmolested existence in the›shadow of his government.››     D.A.  O'Dwyer reasoned that if he›could  get  these  tough  guys off the›streets  and  begin  to separate them,›not  only  from  their natural habitat›but  also  from  each  other  maybe he›could   begin  to  get  some  answers.›Cornering   a   gang  member  to  gain›information  was  generally a waste of›time   because   each  feared  instant›reprisal  from  the  mob.  Even  if it›could  be  done,  most  of  them  were›streetwise   with  extensive  criminal›records   and   would  not  easily  be›broken.   Arresting   these   hardened›criminals on transparent charges would›not fly; their lawyers would have them›on   the   streets   faster  than  the›fingerprint ink could dry.››     D.A. O'Dwyer had a tool available›to  him  then  that Mayor Koch did not›have  when,  almost fifty years later,›he fought a losing battle in trying to›remove   a   homeless  lady  from  the›sidewalks  of  the  City  of New York.›Digging deep into the Code of Criminal›Procedure,  he found what he needed in›order  to  do some housekeeping in the›Brownsville and East New York sections›- the VAGRANCY STATUTE. --››     While it was true that these well›dressed  tough guys had sharp clothes,›had  wads of cash that might have made›the  policemen arresting them jealous,›that  they appeared to be well fed and›had  the  companionship  of women whom›they often usually supported in style,›in  short,  all  the  accoutrements to›give   the   appearance   of  being  a›successful hood. What they didn't have›was  what  the  STATUTE called for - a›JOB!››     Section  887  of the Code defined›vagrant"  as  "A person who not having›visible  means  to  maintain  himself,›lives  without employment." Of course,›those  who  were  picked  up could not›offer  the explanation that the reason›they maintained themselves so well was›because    they    worked    for   the›"Syndicate"  and  earned  two  hundred›dollars  a  week  collecting loanshark›debts,  strongarming  a few people who›were  slow  in  paying  protection and›driving   an   occasional  getaway  or›"crash"  car in a robbery or "rubout".›Needless  to  say,  few  of them filed›Income  Tax  returns.  A "vagrant" was›not  synonymous  with the term "tramp"›which  was  defined  as person that is›not  a resident of the county in which›he  was  picked  up. Regardless of the›name  imposed, it was certainly an ego›deflator   for   some  of  these  high›rolling  thugs  to be arrested on this›charge.››     Clearly,  the  law was willing to›concede   that  these  gangsters  were›residents  of  the  County and O'Dwyer›was  surely  thinking  of them when he›announced   to   the  press,  "We  are›planning   to   clean  out  the  whole›racketeering  mess out there." He went›on  to  explain that while things were›getting  worse  in  Brownsville - East›New York ,"...this is not a reflection›on  the  people  as a whole of that or›any  other  area. We are going to help›the  people there who have been crying›for assistance a long time." ››     If,  unfortunately, some of those›who  were "crying" for assistance were›inadvertantly swept up in the roundup,›they  would  be  released as soon they›could  give  a credible explanation of›themselves.    This    would   include›demonstrating  the ability to maintain›himself  such as having a job; that he›was   not   an   "habitual   drunkard,›abandons,  neglects, or refuses to aid›in the support of his family;" that he›has  not  "contracted an infectious or›other  disease,  in  the  practice  of›drunkenness  or  debauchery, requiring›charitable   aid  to  restore  him  to›health..."etc.   In  general,  that he›has  not  committed  any  of  the  ten›unwholesome   acts  that  defined  the›offense of "vagrancy" in the Code.››     Amongst  the  "Score  of Brooklyn›underworld [that had] been arrested on›vagrancy  charges  in  a drive to keep›them  off  the  streets"  that the New›York  Times  reported  in an interview›with   District  Attorney  O'Dwyer  on›February  4,  1940,  was the leader of›the  Brownsville  mob, Abe (Kid Twist)›Reles; the boss of the Oceanhill gang,›Harry  (Happy) Maione; Julie Catalano,›a    wheelman,   who's   corroborative›testimony   eventually   sent  Maione,›Harry  (Pittsburgh  Phil)  Strauss and›Frank   (Dasher)   Abbandando  to  the›electric  chair and Seymour (Blue Jaw)›Magoon  who  stole  autos  to  use  as›hearses  for mob victims.  Later on in›the investigation no less than Charlie›(The  Bug)  Workman,  the  assassin of›Dutch  Schultz  and  Allie Tannenbaum,›Lepke's  trusted  lieutenant, would be›picked up on vagrancy charges.››(continued in next NEWSLETTER)›                                      ›