McDonough

1934-1935

An argument between two underworld men devolved into violence during a dance endurance competition in Hollywood, California on April 14, 1934.

Explosion Of Rage

At 7 a.m., the 21th consecutive hour of the walk-a-thon,* competing dancers sluggishly moved about the Winter Garden Auditorium floor. Mobster James “Socks” McDonough, among the spectators, sat at a table in a far corner, playing craps with some buddies.

Suddenly, angry shouting erupted and soon after, gunshots rang out, seven of them.

McDonough slumped in his chair. Chaos ensued.

Emergency personnel rushed the critically injured man to Georgia Street Receiving Hospital where he received emergency treatment for through-and-through bullet wounds to the chest and thighs. After, he was transferred to General Hospital. Reportedly, he had 15 scars from previous gunshots.

The Criminal Life

He likely had gotten those during his years as an alleged member of the Dean O’Banion** (né Charles Dean O’Banion) and Bugs Moran’s (né George Clarence Moran) North Side Gang in Chicago, Illinois. At the time of the walk-a-thon, McDonough had been in Los Angeles for about three years and continuing his criminal ways. At one point he’d been the city’s Public Enemy No. 1.

As such, police had questioned him frequently in connection with various crimes. In 1932, McDonough had gone to trial for allegedly participating in the $50,000 ransom kidnapping of E.L . “Zeke” Caress, betting commissioner at Agua Caliente, but the case again the Chicagoan was dismissed.

Hints Of Mob Involvement

Three to four hours after the potentially fatal incident, a citizen and former U.S. deputy marshal, H.W. Ballard, reported to police a car driving erratically in his neighborhood, about three miles from the Winter Garden.

An officer dispatched to the area discovered the reported car, parked, with actor Thomas O’Rourke, 37, behind the wheel. Lee Moore, 35, bookmaker, former prizefighter and previous bodyguard for professional boxer Jack Dempsey, was passed out in the back seat. When searched, Moore was found to have a small automatic pistol on his person. The officer took both men to the police station.

Faulty Memory, Denial

By this time, detectives working the McDonough case deduced, after hearing witness accounts, that Moore probably was the perpetrator. (McDonough knew who’d shot him but wouldn’t name the man.) On questioning, Moore said he was drunk and didn’t remember anything. O’Rourke relayed he and Moore had gone to the Winter Garden after attending the Hollywood Legion Stadium prize fights, but he didn’t recall a fight or shooting.

Moore was arrested for assault with a deadly weapon with the intent to commit murder and O’Rourke, for drunk driving. While in jail, awaiting trial, Moore served a previously received 30-day sentence for illegal gambling.

Underhanded Tactic

A few days after Moore’s arrest, Ballard received an anonymous phone call in which a man told him, “You better lay off if you don’t want to get yours.” Later, while the local resident was driving, a car pulled up alongside him, and the men inside verbalized a similar threat.

Meanwhile, McDonough remained alive, though barely.

“The shock from the seven wounds, police surgeons stated, probably will prove fatal unless the victim has unusual recuperative powers,” reported the Los Angeles Times (April 16, 1934.)

Mum’s The Word

By the time of Moore’s trial, in July, McDonough defied the odds and pulled through.

In court, nine witnesses, on the stand, suddenly couldn’t remember any specifics of the shooting despite having provided detailed accounts to detectives before. The Times described this phenomenon as “gangland’s shadow” dogging the witnesses. One of them recanted his entire former statement. O’Rourke pleaded the fifth. McDonough testified he didn’t know who’d shot him and denied ever having seen Moore before court.

Who’d gotten to these witnesses? It seems Moore was connected to a criminal entity, but which one? The Los Angeles Mob?

Because of their silence, none of the witnesses placed Moore at the scene of the crime. However, ballistics experts, determined the gun found on the defendant was the weapon that had been used, after comparing it to slugs and the bullet retrieved from the Winter Garden.

The defense countered this fact by having Moore claim he’d purchased the gun at 7:30 a.m., roughly a half-hour after the shooting, “from a guy about 6 feet 8 inches tall in a Hollywood Boulevard beer hall” (Los Angeles Times, July 31, 1934).

Out Of Bogus Stories

Despite the setback for the prosecution, and no motive for the shooting made apparent, Moore was found guilty. The judge sentenced him to one to 14 years to be served in San Quentin State Prison.

The convicted man appealed the court’s decision and lost. He continued to fight, though, taking his case to the Supreme Court of California.

Best You Move On

In September, Los Angeles Captain of Detectives Bert Wallis called McDonough into his office. There, Wallis suggested the Mobster might want to leave the city or he’d likely get arrested for vagrancy. McDonough agreed to go. Wallis helped him procure a train ticket.

That night, he left on the Santa Fe, headed to Chicago. The press captured his departure.

What Comes Next

The following year, 1935, in May, the California supreme court reversed the lower court’s decision, on grounds the evidence on which Moore had been convicted had been insufficient. He was freed.

It wasn’t long, though, until he was in trouble again. He was arrested a year later for involvement in the July 1935 robbery of the Monte Carlo gambling ship.

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* Jack Kearns, current and former manager of professional boxers Mickey Walker and Jack Dempsey, respectively, promoted the event.

** Dean O’Banion headed Chicago’s North Side gang during the 1920s until rival Mobsters murdered him in 1924. Bugs Moran took over for O’Banion. Throughout the decade, the North Side Gang violently fought the South Side Gang, helmed first by Johnny Torrio then Al Capone. In 1929, seven of Moran’s men were duped and gunned down by Mobsters dressed as policemen, suspected to be South Side Gang members, in what is known as the Valentine’s Day Massacre.

Sources

Cadell

1947-1950

Starting in 1947, Wiley “Buck” H. Cadell used his governmental position to build a statewide system of protection for illegal gambling operations in California, the first such concerted effort of this kind in the state. At the time Cadell worked as a gambling investigator, and previously an undercover agent, for California Attorney General Frederick N. Howser. Prior to that, he worked for 20 years as an officer for the Los Angeles Police Department.

Howser

Howser was in on (and perhaps the mastermind of) the conspiracy. His role was covering it up and shielding Cadell and his other agents — Charles Hoy and Walter Lentz — from external investigation and prosecution.

Hoy

Lentz

How It Worked

One part of setting up the protection racket involved getting all of the gamblers in a county to pay a monthly fee or close shop. In exchange, law enforcement wouldn’t interfere with their illegal business.

From gambling house owners, the colluding agents demanded anywhere from 20 to 50 percent of their enterprise’s gross earnings. For slot machine operators, the fee was $4 apiece. For punchboard users, it was $2. (A different group of men was involved in organizing a punchboard monopoly and protection system in The Golden State. They, too, did this with Howser’s blessing.)

For the protection scheme to work, the conspirators also had to get the police chief or sheriff in the same county on board. This meant the officers of the law had to agree to ignore the commercial gambling happening in their jurisdiction. For doing so, they’d receive a portion of the collected payoff monies. Another part of the graft went to Howser.

To sway these law enforcement heads, Howser’s representatives emphasized they had powerful friends in Sacramento. They even often outrightly stated they “had the approval and the authority of the attorney general’s office,” the California Crime Commission reported in its Final Report (Nov. 15, 1950).

Progress Made

Howser’s agents worked on expanding the scheme for over a year. During that time, they approached many of California’s counties. The crime commission knew of at least 16, including Los Angeles, San Luis Obispo and San Bernardino. There may have been more.

Unraveling Begins

Cadell’s involvement ended in June 1948 when he was indicted for related activity (and thus, quit working for Howser). The ensuing charges were for organizing a slot machine protection racket and for plotting to bribe Mendocino County Sheriff Beverly Broaddus.

Howser publicly announced he fully supported Cadell. The elected official also claimed the charges against the agent had been trumped up to frame him.

Despite the AG’s position, a jury convicted Cadell (and two others, a former police officer and a resident, both of Los Angeles), each on five counts of bribery and gambling conspiracy. The judge sentenced Cadell, whom he identified as the “arch conspirator,” to three consecutive prison terms (The Modesto Bee and News-Herald, Dec. 18, 1948). They were 1 to 14 years followed by another 1 to 14 years and, lastly, 1 to 3 years.

“This was not a case of operation of an isolated slot machine,” the judge told the defendants, “but the crimes with which you are charged are more serious, about as dastardly as any crimes that are committed” (The Modesto Bee, Dec. 18, 1948).

As for Howser, no irrefutable evidence linked him to the payoffs. However, “he was tainted by the association,” author Ed Cray wrote in Chief Justice.

Impact Of The Unwilling

Not every person Howser’s men approached on both sides, law enforcement and gambling, was keen on the scheme. Some rejected the proposal outright.

One gambler, Tiny Heller, an Alameda County bookmaker, refused to pay any graft. He was told by a member of the protection racket, Mobster-gambler Dave Kessel, that he could keep operating through the end of the football season but not afterwards. Heller continued taking bets. Soon after, before the deadline to close that Kessel cited, Heller’s business was raided, and Hoy arrested him.

Many other targets filed complaints or informed the crime commissioners about various people having tried to recruit them into the scheme. The crime agency detailed and published all such reported events in its 1950 report.

That exposure, combined with Cadell’s conviction and Howser’s failure to get re-elected in 1950, caused the system to crumble.

Sources

1928-1972

Samuel “Sam” F. Termini (1903-1972) was known as a small-time racketeer who worked at and operated gambling enterprises mostly for others.

Here are 10 interesting tidbits about him and his life:

Gambling History

1) Termini was associated with Kansas City Mobster Charles Binaggio. Born and raised in Missouri, Termini had worked for Binaggio before moving to California in 1939 and was one of his godsons.

2) Termini became involved in gambling in Kansas City, Missouri, where, reportedly, he owned and operated some type of business at 404 Independence Avenue where he offered illegal gambling

In Northern California, Termini managed the illegal gambling at the Willow Tree in Colma (San Mateo County), co-owned by Mobsters Emilio Giorgetti and Elmer “Bones” F. Remmer. He held this job from 1942 until the sheriff closed the club in 1947. Also, Termini owned a 10 percent interest in the operation.

Subsequently, in the same county, Termini, using the alias Sam Murray, rented some space in the Silver Saddle tavern-café, in which he debuted and ran the Skyline Club in Redwood City. The illegal gambling there included craps and blackjack.

Termini leased and managed the gambling concession at the Tahoe-Biltmore in Crystal Bay, Nevada during the warm weather season of 1949.

Starting around the mid- to late 1950s (see No. 9), Termini worked as a pit boss at the Horseshoe Club in Las Vegas, Nevada. At the time, his former associate Giorgetti owned it.

3) When Termini ran legal gambling at the Tahoe-Biltmore, Binaggio visited the financially troubled property and decided to bankroll his godson in what was to be “the biggest gambling joint west of the Rockies,” reported the California crime commission in its 1953 report. However, the assassination of Binaggio on April 6, 1950 ended the plan.

4) Police busted Termini for illegal gambling in 1928 at his Kansas City establishment and fined $25 (about $410 today).

Custom Home

5) Termini had a custom home built for him and his family in Hillsborough, California. Constructing a home at the time, in 1946, required veteran’s priority, which Termini didn’t have. So he transferred title of his property and obtained building permits for it in the name of a nephew, a World War II veteran living in Missouri, Jesse LaBoi. This was illegal.

6) Once completed, Termini’s home was an impenetrable fortress. A heavy electronic fence surrounded the property and was controlled from an underground room. This barrier was equipped with a ring of electric eyes linked to an alarm and motion activated floodlights. Gates allowed for entry but only through controls on the Terminis’ cars or by telephoning an unlisted number. The door to the wine cellar was armor plated. An house-wide intercom allowed Termini to hear any and all conversations taking place anywhere inside the home.

Suits Against Him

7) In 1951, the general contractor and the architectural firm that built and designed Termini’s house, respectively, sued him. The former asked for $103,000 ($1.1 million. The latter asked for $16,000 ($107,000 today). Both amounts were the unpaid balances owed them for their services. The case went to trial, and jurors ruled only in favor of Marshall. They awarded him $126,523 ($1.4 million), including interest and court costs.

8) The federal government tried Termini in 1952 for under-reporting his and his wife’s income and underpaying the amount of federal income taxes they owed. The years for which he was charged were between 1945 and 1949 for his taxes and 1945 and 1947 for hers. Termini was found guilty of tax evasion in the amount of about $92,000 ($976,000 today). The judge sentenced him to three years in federal prison and a fine of $20,000 ($212,000 today).

Last 20 Years

9) For the tax evasion, Termini spent three years in the McNeil Island Federal Penitentiary. After getting released, he reportedly lived and worked in Las Vegas. Eventually, he moved to Reno, Nevada.

10) Termini passed away on June 12, 1972 at age 69 in Reno. His body was interred at Mountain View Cemetery.

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