SAM BENARD'S UNIQUE METHOD OF DEFRAUDING THE RAIL-ROADS—HOW HE DID THE WORK—HIS CONVIC-TION AFTER A LONG CHASE.
Between the years of 1870 and 1876 the railroads of this country had been swindled, time after time, by some unknown person changing the address on an invoice of goods after it had reached the railroad office. This was done on an order which purported to come from the firm which had shipped the goods.
In February of 1876, a shipment of gentlemen's dress goods was sent to A. A. Alden and Company of Franklin, Pennsylvania, by Brock and Weiner of Buffalo. The consignment was valued at $721.19. A few minutes after the goods had been delivered at the freight office, a man enteredand told the agent that the boxes had been marked with the name of the wrong town; that they should go to Corry, Pennsylvania, instead of Franklin. The agent demanded an order from the firm, before making the change. The pretended clerk wrote out the order, signing the firm name to it, and the address, Corry, was substituted for that of Franklin. This being done, the supposed clerk went to Corry. Here he pretended that he was a merchant from New York, and that he was to open an auction store in the town. The merchant tailors did not like to have their trade injured in this manner, so offered to buy the goods. The pretended merchant sold them at a much reduced price, and received a check for three hundred fifty nine dollars and sixty cents. He indorsed the check with A. A. Alden's name, thus adding forgery to his other crimes. Then the case was given to me.
Two weeks went by without a clue to the swindler. I found that other detectives had been hunting for a man who had played the same game in other cities, but the culprit had guarded himself so well that even his real name was unknown. From the descriptions obtained and from his general manner of operation, it was known that the same person had been operating on all the roads where this swindling had occurred. One day while in Buffalo, I chanced to go into a cigar store. At this time the newspapers were full of the swindle, and some of the people in the store were discussing the affair. An old gentleman who was among those present said that a young man who had been employed in the same store with himself, about six years previously, had swindled his employers in the same manner. This was in Rochester. I took the hint and after questioning the old man I found that the name of his former working companion was William Benard. I wentto Rochester, and while there obtained the names of some of his acquaintances, and finally found a photograph of him. The description given me by the detectives tallied with the photograph of Benard. I therefore made up my mind that Benard was the man I wanted. After further inquiry I found that relations of Benard lived in Detroit, Michigan. I went there and obtained information as to the whereabouts of the swindler. I followed him through Montreal, Canada; Cincinnati, Cleveland, Indianapolis, Toledo, Chicago, to St. Louis. He was known in all these places as "Jew Harry." It seemed that it was impossible to find a detective in any one place who had not at some time or other been on Benard's tracks.
On my arrival in St. Louis, June 26, 1876, I went to the office of Chief of Police McDonohue at once. I told him who I was and that I had information which led me to believe that Benard had worked in St. Louis. When the Chief, who was very portly, and somewhat gruff, heard this, he straightened up in his chair, and said, "It is impossible. That fellow would not dare to come to St. Louis. He would be afraid. He knows he could not work any such game in this town. My police would be sure to get him." I then told the Chief that I had reason to believe that Benard had been in St. Louis within the last few days. This idea the Chief fairly ridiculed. Just at this moment a rather elderly man entered the office, in a very excited manner. He had brown hair, streaked with gray, and wore short side-burns, or galways, as they are sometimes called. He asked if he could see the Chief for a few minutes, so I at once rose to leave the office. The Chief told me to remain, then asked the visitor to state his business.
He told the Chief that his name was H. M. Smith, andthat he was a pawnbroker, in business at Eighth and Morgan streets. He then went on to say that a man giving the name of Solomon, representing that he was from Cleveland, Ohio, had called on him a few days previous. He had represented himself as a pawnbroker, and had presented the business card of Solomon & Company of Cleveland. Mr. Smith told him that he knew of the firm, but never had the pleasure of meeting a member of it. Solomon then told Smith that he had a nephew who had been in business with him for years, but that he had gone out west, in the mining district of Colorado, and opened up a pawnshop of his own. There was then a large demand for revolvers and pistols of heavy caliber, and that he had ordered about two thousand dollars' worth of heavy caliber guns and ammunition from the Simmons Hardware Company of St. Louis. After he had placed the order with the request that it be packed and shipped immediately, he had received a telegram from his nephew stating that he had gotten into trouble and had been forced to leave the country; and, therefore, could not take the order from Simmons. He requested Solomon to call at Simmons and cancel the order. The Simmons people informed Solomon that as the fire-arms were already packed and in the freight-house, preparatory for shipping, they could not cancel the order. Solomon then said to Smith, "I have no use for these pistols and guns, and I can't ship them to my nephew in Colorado since he has left there. I will have these goods brought up to your store and you can examine them. Then if you find them just as I have represented, I will let you have them at your own price. You can easily sell them and make some money on them."
Mr. Smith assented. Solomon then went and got a drayman and had the fire-arms brought to Smith's office fromthe freight depot. Solomon got there about the time the goods did and had the cases opened. Smith found the goods were just as Solomon represented, so he told Solomon that he would give him eleven hundred dollars for them, which was about half their value. Solomon, with tears in his eyes, accepted Smith's check for that amount, and left for parts unknown. On the morning of my arrival and while I was talking to Chief McDonohue, Smith had received by mail, a bill for the goods from Simmons Hardware Company which extended to him the privilege of discounting the bill, and that upon making immediate payment, he might deduct the usual percent. Whereupon Mr. Smith called upon the Simmons Hardware Company, and was there informed that a man resembling him very much, had called there and selected the bill of goods, and had also presented Smith's business card. They thought it was Mr. Smith, and, upon finding him all right formerly, had unhesitatingly packed and shipped the goods as directed.
Smith and Benard looked very much alike, wearing the same style of beard and having about the same complexion. Smith's description of Solomon, who was really Benard, was very accurate; and finally wound up by saying that Solomon looked enough like him to be his younger brother.
While Smith was telling the Chief this story I was listening, and when he began to describe Solomon, I asked the Chief if I might be permitted to ask Mr. Smith a few questions.
"Why, certainly," replied the Chief.
"Do you think," I then said to Smith, "that you would know this man, Solomon, if you should see him again?"
"Surely!" answered Mr. Smith. "I would know him anywhere."
I then took Benard's picture from my pocket, and asked Smith if that resembled Solomon. He threw up his hands, and exclaimed:
"Why! That is him! That's an excellent picture of him!"
I then turned to the Chief and said, "Chief, it seems that Benard was not afraid to come to St. Louis, after all."
I then got busy and learned that Benard had left St. Louis over the Burlington and had gone to Quincy, Illinois, a few days before my arrival. I then took the first train for Quincy. There I learned of a similar swindle with a case of goods shipped to Edina, Missouri.
I left at once for Edina. There the freight agent informed me that a man named Solomon, and answering to the description of Benard, had called for a case of goods; but the agent, who was a relative of the party to whom the goods had been originally consigned, had refused to deliver them until presented with some identification. Just about this time I received word that Solomon was walking out of town. I pursued him, arrested him and brought him back to town. At first he denied everything, even his photograph, but finally consented to go with me when I brought out other proofs. I at once applied for a requisition from the authorities.
After the capture of Benard at Edina, by me, Benard's lawyer insisted that he could not be taken to Pennsylvania while he stood charged with a felony in Missouri. Therefore, when he made his plea, I telegraphed a friend in St. Louis to employ a good criminal lawyer, and have him report to me at Edina. My friend employed Col. Nat. C. Claiborne, of St. Louis. At the same time I wired Mr.Smith to come at once, or send his son, Sam, to Edina, for the purpose of identifying Solomon. In due time both Sam Smith and Col. Claiborne arrived in Edina. Col. Claiborne was an old citizen, and was well known all over the state. He was acquainted with the Judge of Knox County, and had him convene a special term of Court and empanel a special Grand Jury. I arranged to have witnesses appear before the Grand Jury, which immediately indicted Benard for the Edina swindle, Col. Claiborne assisting the Prosecuting Attorney at Edina, for the State. Benard was convicted and sent to the penitentiary at Jefferson City, Mo., for four years. I accompanied him to Jefferson City, where I procured a duplicate of the receipt for the body of Benard, from the Warden of the Missouri Penitentiary, and previously a certified copy of the proceedings at the trial and conviction in Knox County, which I turned over to the officers of the Allegheny Valley Railroad on my return to Pittsburgh. This satisfied them, but not so well as if I had extradited Benard and brought him back to Pennsylvania for trial.
I omitted to say that on the night that Sam Smith arrived in Edina, from St. Louis, that the small hotel was filled to overflowing and the landlord was obliged to assign Smith to my room, which was in the front of the second story, just over the office. About ten o'clock that night, just as Smith and I had retired to our room, preparatory to turning in for the night, a shower of missiles such as rocks, stones and pistol shots were fired through the window of our room from the opposite side of the street. Upon investigation I found that Benard had enlisted the co-operation of some sympathizers, through a lawyer in the town, whom he had employed to defend him, and at the instance of whom this mob was formed with a view tofrightening Smith and myself and the other witnesses, who were to appear in the case, out of town. We were so badly frightened that we did not leave town until Benard had been tried and convicted, and when we left Benard left with us.
INCIDENTS CONNECTED WITH THE ARREST OF E. T. SIMMONS,WHICH IS ACCOMPLISHED AFTER MUCH HARD WORK—HIS CONVICTION.
In 1873, E. T. H. Simmons was employed as book-keeper in the Oil City Savings Bank, at Oil City, Pa. Simmons was about 28 years of age, and married. He had borne a good reputation, was cultured, pleasant and mild mannered, and also was known to be very industrious, and his associates were the best young people in the community. By perseverance and his strict attention to business he had risen from a messenger boy in the bank to head book-keeper. He married a young and handsome lady, who was an adopted daughter of a prominent citizen of Oil City, by the name of Hiram Hoag. This young woman had been raised by her adopted parents in luxury, and was stylish and naturally extravagant. After her marriage to Simmons her extravagant habits seemed to increase, to the extent that her husband's salary was not large enough to supply her demands. His affection for her and his desire to satisfy her every wish led him to steal the funds from the bank. At first he took the money in small amounts, which he covered by falsifying the accounts. The authorities of the bank noticed that there was something wrong in the accounts, and immediately and quietly employed the services of anexpert accountant, unbeknown to Simmons, the head book-keeper.
On the morning that the expert accountant appeared at the bank and took charge of the books Simmons suddenly feigned illness, and left the bank for his home, from which he immediately disappeared for parts unknown, his wife remaining in her home in Oil City.
Mr. John Mulwheeney, president of the bank, promptly engaged the services of what was then considered the greatest detective agency in the United States, to locate and apprehend Simmons. However, the operatives of the detective agency referred to, after a number of months had been consumed and a large amount of expense incurred by them, had failed to locate the fugitive. Finally the president, Mr. Mulwheeney, requested me to try and locate Simmons. In the meantime Simmons' wife had quietly left Oil City, unbeknown to any person outside of the family who had raised her, it being but natural for that family to keep her whereabouts a secret.
I undertook the case only after the earnest entreaty of President Mulwheeney. As a matter of fact, I thought that the bank authorities should have applied to me in the first place, after Simmons had disappeared, and before they had engaged the detective agency. By reason that the then far-famed detective agency had incurred an enormous bill of expenses and finally failed, I bent all my energy towards the task, and succeeded in a remarkably short space of time in tracing Simmons' movements from the time he left Oil City. I found that he had gone to New York City, found there that he had boarded a ship for Panama, Central America, and learned there that he had crossed the Isthmus to Aspewall, and again boarded a ship from there for San Francisco. At San Francisco he landed, Ilearned, and had gone across the bay to Oakland, California, where he engaged lodgings, and a short time after having arrived there he had obtained a position on board a steamship as assistant purser. This ship was then plying between San Francisco and Victoria, British Columbia.
I also ascertained that a wealthy old bachelor uncle of Simmons resided in San Francisco, and was a large stockholder and director in the steamship line by which Simmons was employed as assistant purser. I afterwards learned that it was through the influence of this uncle that Simmons had secured the position with the company. This uncle was about seventy years of age, and was what was known as a '49er. He was among the earliest of the mine prospectors who had gone overland to California in the year 1849.
At the conclusion of my investigation I found that the steamship on which Simmons was an officer was due to arrive in San Francisco a few days later. In the meantime, I ascertained that Simmons' wife had joined her husband in Oakland, and that they had fitted up a comfortable little cottage in the suburbs of that town, so I quietly awaited the arrival of the ship Mr. Simmons was employed on.
In due time the ship arrived, and I took up a position where I could plainly see every one that left the ship. Finally, after all the passengers had left, the officers began to leave the ship for their homes, and among them I noticed E. T. M. Simmons. Simmons had changed his uniform for a suit of plain business clothes, and it being after dark in the evening I had but little trouble in following him unobserved. I shadowed him until he reached his residence on Tenth street, in Oakland, where he was met at the door by his wife and his mother, who appeared to be on a visit at his home. I then withdrew and learned that the ship would remain in port forty-eight hours.
The following morning I took a train from Oakland for Sacramento, California, for the purpose of procuring the necessary requisition papers, which would authorize me to arrest and convey Simmons from California back to Venango County, Pennsylvania, as the authorized agent for the state of Pennsylvania. This I accomplished in a few moments, having already procured all the necessary papers with the exception of the signature of the Governor of California. I returned to Oakland the same day, and about ten o'clock, after first having ascertained that Simmons was at his home, I, accompanied by Detective James Coffee, of San Francisco, whom I had requested to assist me, approached Simmons' cottage. I requested Officer Coffee to ring the front door bell while I took up a position on the porch at the back door. Coffee, as instructed, vigorously rang the front door bell. When Simmons, who had gone to bed, heard the bell he at once sprang from his bed, and wrapping his clothes in a bundle, not waiting to put them on, ran to the back door, hastily opened it, and ran headlong into my arms. I heard him instructing his wife, or mother, as he left his room, not to open the front door until he had time to get out of the back door.
This cottage, being in the suburbs, there was a large open space of ground at the rear of the cottage, which was thickly covered with live-oak trees, and if Simmons had succeeded in getting away from the cottage and among the live oaks he would have effectually been hidden by the dense foliage, and would, in all probability, have made his escape.
We at once took him to San Francisco, and by reason of my having known him so well and favorably, I did not lock him up, but instead took him to my room, where I kept him until train time, when we took the Overlandtrain for Omaha, Pittsburg and Oil City, where we arrived in due time and safe, with but a single incident of importance on the trip. Before leaving San Francisco I told Simmons that if he would stay close to me during our trip homeward I would not place him in irons, and that no person on the train, not even the crew, would know that he was a prisoner. He agreed to this and everything went along swimmingly until after midnight on the second night out of San Francisco. Simmons and I occupied a lower single berth in the Pullman. Simmons was sleeping next to the window, and I occupied the side next to the aisle. I had made it a rule not to let Simmons go to sleep, and kept talking to him just as long as I could keep awake myself. The result was that Simmons got to the point that he was ready to drop into slumber as soon as I would allow him to do so by stopping talking to him. In those days I could stand the loss of sleep if it was necessary. On the second night, as I said, while I was feigning sleep I noticed Simmons was also playing "possum." Finally he quietly turned the bed-spread down off of himself and then noiselessly took his wearing apparel from the hammock, which was above him, and proceeded to creep over me into the aisle with his clothes under one arm. I lay perfectly quiet and did not disturb him until he had succeeded in reaching the aisle, when I suddenly grabbed him by one of his limbs and threw him back into the berth. He strenuously denied that he was trying to escape, and protested that he was merely restless, and thought he would sit up a while and not disturb me, but, as a matter of fact, he was really attempting to escape from the train. This occurred in a desert in Utah, but after that he behaved himself and made me no further trouble.
After we arrived in Oil City he was locked in thecounty jail, in default of bail, and when his case was called he pleaded guilty to the charge of embezzlement and was sentenced, by the Hon. John M. Trunkey, at Franklin, Pa., to a term of ten years in the Western Penitentiary of Pennsylvania, which is at Allegheny City.
However, after he had pleaded guilty and received his sentence, and before he had been taken to the penitentiary, he received a letter from his wife, written from Oakland, California, in which she coolly and heartlessly informed him that as he had pleaded guilty to a charge of felony, and had been sentenced to a term in prison, that she had decided to avail herself of her legal privilege, under the existing conditions, and apply for a divorce from him, which the law would grant her on the ground that he was a convicted felon, and that she had made up her mind to marry his wealthy old uncle, the "forty-niner" who had procured Simmons his position on the steamship. She immediately proceeded to carry out her plans. She wound up her letter by saying that she would rather be an old man's darling than a felon's slave.
The contents of this letter almost broke poor Simmons' heart. Every person in and about Oil City, who knew him, knew that it was through her extravagance and love of luxury that he had committed the crime, and when the contents of this letter became known the sympathy of all who knew Simmons was aroused in his favor, and the best people in the community, including the officers of the bank whose funds he had embezzled, filed a petition with the governor of the state for a pardon for him. This petition was later signed by the prosecuting attorney and by Judge Trunkey, himself.
Meanwhile Simmons had been taken to the penitentiary, but he only remained there a short time until thegovernor of the state pardoned him. On his release he went immediately to California to find his former wife, now the wife of his old uncle, and at once instituted proceedings for the custody of their child, which he easily obtained. The child was born a short time after his father's arrest, and Simmons had never seen his son. Simmons obtained employment in the passenger department of a large railroad company. This position he filled creditably for a number of years.
His former wife visited Oil City about two years after her marriage to the second husband. She was accompanied by a couple of maids and a number of trunks, which contained many costly robes and gowns. During her stay in Oil City she called on a number of her girlhood friends and acquaintances, but it so happened that they were all out when she called and finding it impossible to meet them she, as the soldiers say, "hiked" from Oil City, and so far as the writer knows has never been heard of in that city since.
FACTS REGARDING THE CONVICTION OF AN INTERNATIONALAND GREAT NORTHERN BAGGAGEMAN OF MANY CRIMES.
Early in the '80s the railroad companies of the Southwest were troubled very much by the continued receipt of complaints of passengers from all quarters of the United States, and some from foreign countries, and their filing claims for articles which had been stolen from their trunks and other baggage while in transit.
The Iron Mountain Railroad Company and the International & Great Northern Railroad Company were bothparts of the Gould System, and formed a through and direct line between St. Louis, Galveston and San Antonio, Texas in the winter season both Galveston and San Antonio were winter resorts, largely patronized by health seekers. The complaints became so numerous that they were turned over to my department for investigation.
I took the matter up and after a long and tedious investigation decided to pay special attention to one George Hersogg, who was employed as train baggage-master, running between Longview and San Antonio, Texas. In my investigation I had noticed that nearly every case of lost articles from baggage were traced to the train on which Hersogg was baggage-master, therefore I concluded to test him first.
Hersogg occupied a room in a private boarding house when at Longview, where he had a twenty-four hour layover. I sent one of my operatives, George Herbert, to Longview, who represented himself as a railroad man, and he secured a room in the same boarding house where Hersogg was stopping. After remaining there for a few days Herbert became acquainted with Hersogg and with his runs, and when he would be absent from his room. Having accomplished this, Herbert became indisposed, and for that reason was compelled to remain in his room for a few days.
In the meantime impressions of certain keyholes had been taken, and a number of skeleton keys had been sent to Herbert at Longview. He had noticed that Hersogg had two rather large trunks in his room, and when the proper opportunity presented itself he examined the contents of Mr. Hersogg's trunks, unbeknown to the inmates of the boarding house, and to Herbert's great surprise he found in one of the trunks a silver mounted Smith &Wesson, pearl handled revolver, which he immediately recognized as the property of the Hon. Joseph Harris, who, at that time, was Circuit Attorney for the City of St. Louis, but was in San Antonio for his health. Herbert also found a number of articles of jewelry, which he knew to be the property of Mrs. Harris. In this connection I will say that Herbert had been a member of the St. Louis police department prior to his entering my service, and while there he had been on detached service at the Circuit Attorney's office, in which capacity he had acted for about two years, thereby meeting Mr. Harris daily, and seeing his wife very frequently, and becoming familiar with both Harris' revolver and Mrs. Harris' jewelry.
Upon the discovery of the revolver Herbert promptly reported to me by wire code. Up to that time we had had no report of the Harris robbery, and, in fact, did not know that Mr. Harris had gone to San Antonio. On receipt of Herbert's report, I at once got into communication with Harris at San Antonio, and he verified the loss of the articles which Herbert had reported he had found in the trunk of the baggageman at Longview.
Herbert also found other articles, the loss of which had been reported from various sections of the country. The most valuable article was a diamond and emerald ring, which contained one large diamond and two small sized emeralds. This ring was the property of a lady who lived at Peoria, Ill., and who had gone over the route to San Antonio some months before the discovery of it in Hersogg's trunk. She valued the ring at about $800.00.
We arrested Hersogg, and he was tried in due time convicted and served four years in one of the state prisons of Texas.
Many of the stolen articles which were recovered were fully identified, and returned to their owners.
It developed that Hersogg had provided himself with skeleton keys of all sizes and styles. Having a whole baggage car to himself, he was thus able to open and inspect all the baggage at his leisure. He was afforded ample time between stations in which to loot the contents of the baggage car, and strap and lock them up again, leaving no trace on the outside of the baggage having ever been tampered with.
The capture and conviction of Hersogg was not only a source of relief to the Gould System, but was an equal relief to all connecting lines.
(THE END.)
Furlong Secret Service Company
Transcriber's Note:Obvious typographic errors have been corrected.
Transcriber's Note:Obvious typographic errors have been corrected.