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35 Of The FBI's Most Famous Closed Cases - Chapters 20-27
CHAPTER 20
THE LINDBERGH KIDNAPPING
Charles Augustus Lindbergh, Jr., twenty-month-old son of the famous
aviator and Anne Morrow Lindbergh, was kidnapped about 9:00 p.m., on March
1, 1932, from the nursery on the second floor of the Lindbergh home near
Hopewell, New Jersey. The child's absence was discovered and reported to
his parents, who were then at home, at approximately 10:00 p.m. by the
child's nurse, Betty Gow. A search of the premises was immediately made
and a ransom note demanding $50,000 was found on the nursery window sill.
After the Hopewell police were notified, the report was telephoned to the
New Jersey State Police, who assumed charge of the investigation.
During the search at the kidnapping scene, traces of mud were found on the
floor of the nursery. Footprints, impossible to measure, were found under
the nursery window. Two sections of the ladder had been used in reaching
the window, one of the two sections was split or broken where it joined
the other, indicating that the ladder had broken during the ascent or
descent. There were no blood stains in or about the nursery, nor were
there any fingerprints.
Household and estate employees were questioned and investigated. Colonel
Lindbergh asked friends to communicate with the kidnappers, and they made
widespread appeals for the kidnappers to start negotiations. Various
underworld characters were dealt with in attempts to contact the
kidnappers, and numerous clues were advanced and exhausted.
A second ransom note was received by Colonel Lindbergh on March 6, 1932,
(postmarked Brooklyn, New York, March 4), in which the ransom demand was
increased to $70,000. A police conference was then called by the Governor
at Trenton, New Jersey, which was attended by prosecuting officials,
police authorities, and Government representatives. Various theories and
policies of procedure were discussed. Private investigators also were
employed by Colonel Lindbergh's attorney, Colonel Henry Breckenridge.
The third ransom note was received by Colonel Lindbergh's attorney on
March 8, informing that an intermediary appointed by the Lindberghs would
not be accepted and requesting a note in a newspaper. On the same date,
Dr. John F. Condon, Bronx, New York City, a retired school principal,
published in the "Bronx Home News" an offer to act as go-between and to
pay an additional $1,000 ransom. The following day the fourth ransom note
was received by Dr. Condon, which indicated he would be acceptable as a go-
between. This was approved by Colonel Lindbergh. About March 10, 1932, Dr.
Condon received $70,000 in cash as ransom, and immediately started
negotiations for payment through newspaper columns, using the code name
"Jafsie."
About 8:30 p.m., on March 12, after receiving an anonymous telephone call,
Dr. Condon received the fifth ransom note, delivered by Joseph Perrone, a
taxicab driver, who received it from an unidentified stranger. The message
stated that another note would be found beneath a stone at a vacant stand,
100 feet from an outlying subway station. This note, the sixth, was found
by Condon, as indicated. Following instructions therein, the doctor met an
unidentified man, who called himself "John," at Woodlawn Cemetery, near
233rd Street and Jerome Avenue. They discussed payment of the ransom
money. The stranger agreed to furnish a token of the child's identity.
Condon was accompanied by a bodyguard, except while talking to "John."
During the next few days, Dr. Condon repeated his advertisements, urging
further contact and stating his willingness to pay the ransom.
A baby's sleeping suit, as a token of identity, and a seventh ransom note
were received by Dr. Condon on March 16. The suit was delivered to Colonel
Lindbergh and later identified. Condon continued his advertisements. The
eighth ransom note was received by Condon on March 21, insisting on
complete compliance and advising that the kidnapping had been planned for
a year.
On March 29, Betty Gow, the Lindbergh nurse, found the infant's thumb
guard, worn at the time of the kidnapping, near the entrance to the
estate. The following day the ninth ransom note was received by Condon,
threatening to increase the demand to $100,000 and refusing a code for use
in newspaper columns. The tenth ransom note, received by Dr. Condon, on
April 1, 1932 instructed him to have the money ready the following night,
to which Condon replied by an ad in the Press. The eleventh ransom note
was delivered to Condon on April 2, 1932, by an unidentified taxi driver
who said he received it from an unknown man. Dr. Condon found the twelfth
ransom note under a stone in front of a greenhouse at 3225 East Tremont
Avenue, Bronx, New York, as instructed in the eleventh note.
Shortly thereafter, on the same evening, by following the instructions
contained in the twelfth note, Condon again met whom he believed to be
"John" to reduce the demand to $50,000. This amount was handed to the
stranger in exchange for a receipt and the thirteenth note, containing
instructions to the effect that the kidnapped child could be found on a
boat named "Nellie" near Martha's Vineyard, Massachusetts. The stranger
then walked north into the park woods. The following day an unsuccessful
search for the baby was made near Martha's Vineyard. The search was later
repeated. Dr. Condon was positive that he would recognize "John" if he
ever saw him again.
On May 12, 1932, the body of the kidnapped baby was accidentally found,
partly buried, and badly decomposed, about four and a half miles southeast
of the Lindbergh home, 45 feet from the highway, near Mount Rose, New
Jersey, in Mercer County. The discovery was made by William Allen, an
assistant on a truck driven by Orville Wilson. The head was crushed, there
was a hole in the skull and some of the body members were missing. The
body was positively identified and cremated at Trenton, New Jersey, on May
13, 1932. The Coroner's examination showed that the child had been dead
for about two months and that death was caused by a blow on the head.
The Investigation: 1932 - 1934
On March 2, 1932, after a conference with the Attorney General, J. Edgar
Hoover, Director of the Federal Bureau of Investigation (FBI) (or Bureau
of Investigation, as it was called at that time), had contacted the
headquarters of the New Jersey State Police at Trenton, New Jersey. He
officially informed the organization that the U.S. Department of Justice
would afford Colonel H. Norman Schwarzkopf, the Superintendent of the New
Jersey State Police, the assistance and cooperation of the FBI in bringing
about the apprehension of the parties responsible for the kidnapping. He
advised the New Jersey State Police that they could call upon the Bureau
for any facilities or resources which the latter might be capable of
extending. The Special Agent in Charge (SAC) of the New York City Office
of the Bureau, which at that time covered the New Jersey district, was
instructed accordingly and, upon instructions from the Director, the SAC
communicated with the New Jersey State Police and the New York City
Police, offering any assistance which the Bureau might be able to lend in
this matter.
During the next few weeks the Bureau was acting merely in an auxiliary
capacity, there being no Federal jurisdiction. However, on May 13, 1932,
the President directed that all governmental investigative agencies should
place themselves at the disposal of the State of New Jersey and that the
FBI should serve as a clearinghouse and coordinating agency for all
investigations in this case conducted by Federal investigative units.
On May 23, 1932, the FBI in New York City informed banks in greater New
York that the Bureau was the coordinating agency for all governmental
activity in the case. A close watch for ransom money was requested.
The New Jersey State Police announced on May 26, 1932, the offer of a
reward not to exceed $25,000 for information resulting in the apprehension
and conviction of the kidnapper or kidnappers. In compliance with a
request made by Colonel Schwarzkopf, copies of this notice of reward were
forwarded by the FBI to all law enforcement officials and agencies
throughout the United States.
On June 10, 1932, Violet Sharpe, a waitress in the home of Mrs.
Lindbergh's mother, Mrs. Dwight Morrow, who had been under investigation
by the authorities, committed suicide by swallowing poison when she was
about to be requestioned. However, her movements on the night of March 1,
1932, had been carefully checked and it was soon definitely ascertained
that she had no connection with the abduction.
In September, 1933, President Franklin D. Roosevelt stated in a meeting
with J. Edgar Hoover that all work on the case be centralized in the
Department of Justice. He requested the Director to convey his views to
Attorney General Cummings with the suggestion that the Attorney General
make a request of the Commissioner of the Internal Revenue Service (IRS),
either through the President or directly, for a detailed report of all
work performed by the IRS Intelligence Unit. On October 19, 1933, it was
officially announced that the FBI would have exclusive jurisdiction in so
far as the Federal Government was concerned in the handling of any
investigative features of the case.
The President's Proclamation requiring the return to the Treasury of all
gold and gold certificates was a valuable aid in the case, inasmuch as $40,
000 of the ransom money had been paid in gold certificates and, at the
time of the Proclamation, a large portion of this money was known to be
outstanding. Therefore, this phase of the investigation was emphasized.
On January 17, 1934, a circular letter was issued by the New York City
Bureau Office to all banks and their branches in New York City, requesting
an extremely close watch for the ransom certificates and, in February,
1934, all Bureau Offices were supplied with copies of the Bureau's revised
pamphlet containing the serial numbers of ransom bills. The New York City
Bureau Office distributed copies of this pamphlet to each employee
handling currency in banks, clearinghouses, grocery stores in certain
selected communities, insurance companies, gasoline filling stations,
airports, department stores, post offices, and telegraph companies.
Following the distribution of these booklets containing the serial number
of the ransom currency, there were also prepared and similarly distributed
by the Bureau currency key cards which, in convenient form, set forth the
inclusive serial numbers of all of the ransom notes which had been paid.
This was followed by frequent personal contacts with bank officials and
with individual employees in an effort to keep alive their interest.
Prior to this time, the passing of ransom bills had been reported to
either the FBI, the New Jersey State Police, or the New York City Police
Department, none of which had complete information on this point.
Therefore, arrangements were effected whereby investigation of all such
ransom bills detected in the future could be immediately conducted jointly
by representatives of the three interested agencies.
One of the by-products of the case was a mass of misinformation received
from well-meaning but uninformed, highly imaginative individuals, and a
deluge of letters written by demented persons, publicity seekers, and
frauds. It was essential, however, that all possible clues, regardless of
the prospect of success, be carefully followed, and it was impossible in
the vast majority of instances to determine at the inception whether they
would be material or false.
On March 4, 1932, a con man named Gaston B. Means was approached by Mrs.
Evalyn Walsh McLean, of Washington, D.C., who felt that she might be of
material assistance to Colonel Lindbergh in procuring the return of his
child. Mrs. McLean had become acquainted with Means as a result of some
investigative work which means had performed for her husband some years
before. Means informed her that he felt certain he could secure a contact
with the kidnappers inasmuch as he had been invited to participate in a
"big kidnapping" some weeks before but had declined. Means claimed that
his friend was responsible for the Lindbergh kidnapping. The following
day, Means reported to Mrs. McLean that he had made a contact with the
persons who had the child. He successfully induced Mrs. McLean to hand
over to him $100,000, to be used in paying the ransom which he said had
been doubled. Until April 17, 1932, he kept Mrs. McLean waiting, daily
expecting the return of the child. During this period, he purported to be
effecting negotiations with the alleged leader of the kidnappers, whom he
called "The Fox." Mrs. McLean finally requested the return of the $100,000
and additional money which she had advanced him for "expenses." When he
failed to do so, the case was turned over to the FBI. Means and "The Fox,"
who was found to be Norman T. Whitaker, a disbarred Washington attorney,
were apprehended, and Means was later convicted of embezzlement and
larceny after trust, and sentenced to serve fifteen years in a Federal
penitentiary. Whitaker and Means were later convicted of conspiracy to
defraud, and were sentenced to serve two years each in a Federal
penitentiary.
There were other attempted frauds which required extensive investigations
before they could be completely eliminated from consideration in
connection with the Lindbergh case.
In all, there were literally thousands of leads in all sections of the
United States which were followed to their definite conclusions by the
Bureau. The results of all these investigations, no matter how trivial,
were reported. The activities of the known and suspected members of the so-
called "Purple Gang" of Detroit, and various rumors and allegations
concerning this gang were carefully and thoroughly investigated. Numerous
registries of boats were examined in a fruitless endeavor to locate the
boat "Nellie," on which the baby was to have been found according to the
13th and last ransom note handed to Dr. Condon at the time he paid the
ransom money to "John." Records of cemetery employees who were employed in
various cemeteries in certain sections of New York City and near Hopewell,
New Jersey, were examined. Information accumulated in various other
kidnapping and extortion cases handled by the FBI was examined in closest
detail and studied with particular reference to any bearing they might
have upon the solution of the Lindbergh case. Hundreds of photographs and
descriptive data of known criminals of all types and other possible
suspects were exhibited to the few eye-witnesses in this case in an
endeavor to identify the mysterious "John."
On May 2, 1933, the Federal Reserve Bank of New York discovered 296 ten-
dollar gold certificates, and one twenty- dollar gold certificate, all
Lindbergh ransom notes. These bills were included among the currency
received at the Federal Reserve Bank on May 1, 1933, and apparently had
been made in one deposit. Immediately upon the discovery of these bills,
deposit tickets at the Federal Reserve Bank for May 1, 1933, were
examined. One was found bearing the name and address of "J.J. Faulkner,
537 West 149th Street," and had marked thereon "gold certificates," "$10
and $20" in the amount of $2,980. Despite extensive investigation, this
depositor was never located.
Examination of the ransom notes by handwriting experts resulted in a
virtually unanimous opinion that all the notes were written by the same
person and that the writer was of German nationality but had spent some
time in America. Dr. Condon described "John" as Scandinavian, and
believing he could identify the man, spent considerable time in viewing
the numerous photographs of possible suspects and known criminals. In this
connection, the FBI retained the services of an artist to prepare a
portrait of "John" from descriptions furnished by Dr. Condon and Joseph
Perrone, the taxi cab driver who had delivered one of the ransom letters
to Dr. Condon.
In a further endeavor to identify the individual who received the ransom
payment, representatives of the New York City Bureau Office engaged Dr.
Condon to prepare a transcript of all conversations had by him with "John"
on March 12 and April 2, 1932, the dates on which Dr. Condon personally
contacted the kidnapper in order to negotiate the return of the child and
the payment of the ransom. These conversations were, during March, 1934,
transcribed in detail on phonograph records by Dr. Condon who imitated the
pronunciations and dialect of "John." In this manner the nationality,
education, mentality, and character of the kidnapper were more clearly
defined and permanently preserved for future use.
Another interesting attempt to identify the kidnapper centered around the
ladder used in the crime. Police quickly realized that it was crudely
built, but built nonetheless by someone familiar with wood who was
mechanically inclined. The ladder had been thoroughly examined for
fingerprints and had been exhibited to builders, carpenters, and neighbors
of the Lindberghs in vain. Slivers of the ladder even had been analyzed,
and the types of wood used in the ladder had been identified. Perhaps a
complete examination of the ladder by itself by a wood expert would yield
additional clues, and in early 1933, such an expert was called in --
Arthur Koehler of the Forest Service, United States Department of
Agriculture.
Koehler disassembled the ladder and painstakingly identified the types of
wood used and examined tool marks. He also looked at the pattern made by
nailholes, for it appeared likely that some wood had been used before in
indoor construction. Koehler made field trips to the Lindbergh estate and
to factories to trace some of the wood. He summarized his findings in a
report, and later played a critical role in the trial of the kidnapper.
Hauptmann is Located
For a period of seven months prior to August 20, 1934, no gold
certificates were discovered except for those received in the Federal
Reserve Bank, previously mentioned. Starting on August 20, 1934, and
extending into September, a total of sixteen gold certificates were
discovered, most of them in the vicinity of Yorkville and Harlem. The long-
awaited opportunity had finally arrived. As each bill was recovered, a
colored pin marking the location of the recovered bill was inserted in a
large map of the Metropolitan Area, thus indicating the movements of the
individual or individuals who might be passing the ransom money. When the
first few made their appearance, it was decided to concentrate on gold
certificates, as experience had proven the futility of tracing the
ordinary currency included in the ransom money. In keeping with the
cooperative policy previously established with the New Jersey State Police
and the New York City Police Department, teams composed of a
representative of each of these police agencies and a Special Agent of the
Bureau were organized to personally contact all banks in Greater New York
and Westchester County. As a result, the various neighborhood banks
discovered the bills close to the point at which they were passed, and it
then became possible for the investigators to trace the bills to the
person who had originally passed them. For the first time in the history
of the case, the investigators succeeded in finding that the description
of the individual passing these bills fit exactly that of "John" as
described by Dr. Condon. It was determined through the investigation that
the bills were being passed principally at corner produce stores.
About 1:20 p.m. on September 18, 1934, the assistant manager of the Corn
Exchange Bank and Trust Company, at 125th Street and Park Avenue, New York
City, telephoned the New York City Bureau Office to advise that a ten-
dollar gold certificate had been discovered a few minutes previously by
one of the tellers in that bank. It was soon ascertained that this bill
had been received at the bank from a gasoline station located at 127th
Street and Lexington Avenue, New York City. On September 15, 1934, an
alert attendant had received a bill in payment for five gallons of
gasoline from a man whose description fitted closely that of the
individual who had passed other bills in recent weeks. The filling station
attendant, being suspicious of the ten-dollar gold certificate, recorded
on the bill the license number of the automobile driven by the purchaser.
This license number was issued to Bruno Richard Hauptmann, 1279 East 222nd
Street, Bronx, New York.
Hauptmann's house was closely surveilled by Federal and local authorities
throughout the night of September 18, 1934, until at approximately 9:00
a.m. on September 19, 1934, an individual, closely fitting the description
of "John," as supplied by Dr. Condon, and the description of the purchaser
of the gasoline, as supplied by the service station attendant, left his
house and entered his automobile parked nearby. He was promptly taken into
custody by representatives of the three interested agencies.
After some investigating, he was found to be Bruno Richard Hauptmann, the
individual to whom the automobile license had been issued, a German
carpenter who had been in this country for approximately 11 years. A
twenty-dollar gold ransom certificate was found on his person. His
description fitted perfectly that of "John" as described by Dr. Condon,
and in his house was found a pair of shoes which had been purchased with a
twenty-dollar ransom bill recovered on September 8, 1934. Hauptmann
admitted several other purchases which had been made with ransom
certificates. On the night of September 19, 1934, he was positively
identified by Joseph Perrone as the individual from whom he had received
the fifth ransom note to be delivered to Dr. Condon. The following day,
ransom certificates in excess of $13,000 were found secreted in the garage
of Hauptmann's residence. Shortly thereafter, he was identified by Dr.
Condon as "John" to whom the ransom had been paid. It was also ascertained
that he was in possession of a Dodge sedan automobile which answered the
description of that seen in the vicinity of the Lindbergh home the day
prior to the kidnapping.
Shortly after his apprehension, specimens of Hauptmann's handwriting were
flown to Washington, D.C., where a study was made of them in the FBI
Laboratory. A comparison of the writing appearing on the ransom notes with
that of the specimens disclosed remarkable similarities in inconspicuous,
personal chacteristics and writing habits, which resulted in a positive
identification by the handwriting experts of the Laboratory. Upon the
apprehension of Hauptmann, it was found that he bore a striking
resemblance to the portrait of "John" which had previously been prepared
from descriptions furnished by Dr. Condon and Joseph Perrone.
Further investigation developed that Hauptmann, 35 years old, was a native
of Saxony, Germany. He had a criminal record for robbery and had spent
time in prison. Early in July 1923, he stowed away aboard the SS Hanover
at Bremen, Germany, and arrived in the Port of New York City on July 13,
1923. He was arrested and deported immediately. After another failed
attempt at entry in August, Hauptman successfully entered the United
States in November 1923, on board the George Washington. On October 10,
1925, Hauptmann married Anna Schoeffler, a New York City waitress. A son,
Manfried, was born to them in 1933. During his illegal stay in New York
City and until the spring of 1932, Hauptmann followed his occupation of
carpenter. However, a short while after March 1, 1932, the date of the
kidnapping, Hauptmann began to trade rather extensively in stocks and
never worked again.
Indictment, Trial, and Execution
Hauptmann was indicted in the Supreme Court, Bronx County, New York, on
charges of extortion on September 26, 1934, and on October 8, 1934, in
Hunterdon County, New Jersey, he was indicted for murder. Two days later,
the Governor of the State of New York honored the requisition of the
Governor of the State of New Jersey for the surrender of Bruno Richard
Hauptmann and on October 19, 1934, he was removed to the Hunterdon County
Jail, Flemington, New Jersey, to await trial.
The trial of Hauptmann began on January 3, 1935, at Flemington, New
Jersey, and lasted five weeks. The case against him was based on
circumstantial evidence. Tool marks on the ladder matched tools owned by
Hauptmann. Wood in the ladder was found to match wood used as flooring in
his attic. Dr. Condon's telephone number and address were found scrawled
on a door frame inside a closet. Handwriting on the ransom notes matched
samples of Hauptmann's handwriting.
On February 13, 1935, the jury returned a verdict. Hauptmann was guilty of
murder in the first degree. The sentence: death. The defense appealed.
The Supreme Court of the State of New Jersey on October 9, 1935, upheld
the verdict of the Lower Court. Hauptmann's appeal to the Supreme Court of
the United States was denied on December 9, 1935, and he was to be
electrocuted on January 17, 1936. However, on this same day the Governor
of the State of New Jersey granted a 30-day reprieve and on February 17,
1936, Hauptmann was resentenced, to be electrocuted during the week of
March 30, 1936. On March 30, 1936, the Pardon Court of the State of New
Jersey denied Hauptmann's petition for clemency, and on April 3, 1936, at
8:47 p.m., Bruno Richard Hauptmann was electrocuted.
CHAPTER 21
RICHARD FLOYD MCCOY, JR. - AIRCRAFT HIJACKING
Crime Aboard Aircraft - Aircraft Piracy;
Interference with Flight of Crew Members
[Certain names in the following description are fictitious names to
protect peoples' identities]
Fourteen year-old Peter Fanning (fictitious name) of Provo, Utah, made a
surprising discovery. Lying in front of him, beside a steel culvert, was
what he thought might be a parachute pack. He brought the strange object
to his father who was replacing a flat tire on the family car a short
distance away. The father notified the local sheriff of their find after
returning home that afternoon.
It was soon learned that the Fannings had stumbled upon one of the four
parachutes furnished to a lone gunman who had commandeered a passenger
plane on April 7, 1972, in the Colorado skies.
United Airlines Flight 855, a Boeing 727 en route from Newark, New Jersey,
to Los Angeles, California, with 85 passengers and a crew of six, had
resumed flight after a Denver, Colorado, stopover. Approximately 20
minutes after takeoff, at 5:18 p.m., a male passenger was observed in his
seat holding a hand grenade.
A stewardess, notified of the situation, immediately advised the captain.
An off-duty pilot known to be on board as a passenger was requested to
discreetly walk around and assess the situation only to have the person in
question draw a pistol as he approached. The gunman handed over a sealed
envelope, labeled "hijack instructions," and stated, "give this envelope
to the girl and have her take it to the captain." A stewardess complied,
and the off-duty pilot returned to his seat.
The stream of events had transpired so quickly that most passengers were
unaware of the threat. Captain William Olinsky (fictitious name) discussed
the matter with some crew members and decided to land at nearby Grand
Junction, Colorado, where he would radio for law enforcement assistance on
the ground. Olinsky then announced over the public address system that the
aircraft was experiencing a "minor mechanical problem" and would land
shortly.
The envelope with the hijack instructions was then opened by the captain.
Inside were two typed pages of highly detailed directions, a hand grenade
pin, and a bullet. The "instructions" required Olinsky to land at San
Francisco International Airport, and park at "Runway 19 left." There, he
was to follow certain procedures which designated the number of persons
allowed near the plane at one time, and the distance from the aircraft
that all vehicles other than those containing fuel were to be kept. In
addition, the hijacker demanded $500,000 in cash, four parachutes, and the
return of all written or typed directions given during the course of the
flight.
The crew decided to comply and notified San Francisco of the hijacking and
intended landing. A flight crew member announced to the passengers that
the Grand Junction airport could not handle the "necessary repairs" after
all, and it would be necessary to divert to San Francisco. From this point
on, normal operations continued on-board.
In consideration of the safety of all aboard Flight 855, United Air Lines
officials decided to meet the demands upon the plane's landing at San
Francisco. Two flight bags loaded with cash and four parachutes were
delivered to the plane. The hijacker, who had assumed command on
touchdown, gave up his baggage check and had his luggage brought aboard.
Fuel trucks hurriedly filled the plane's tanks with thousands of gallons
of jet fuel. After seeing the completion of his written directions, some
three hours after the plane had parked, the gunman released the passengers
and one of the stewardesses. He then ordered the rest of the crew into the
cockpit and took a position in the rear of the aircraft.
The hijacker then used the intercom to summon a stewardess. He gave her
another set of flight instructions, telling the pilot to take off towards
the east, climb to 16,000 feet, and fly precisely at 200 mph on a course
that would overpass several specific Utah communities. The messages, now
hand-printed, between hijacker and pilot were sent with increasing
frequency, always using the stewardess as a courier. The cabin was ordered
depressurized, and the gunman warned that if any pursuit planes were
spotted he would detonate a hidden explosive device after he had jumped,
before the plane could be landed.
The hijacker opened his luggage and covered the peephole between the
cockpit and cabin. Observed by Second Officer Floyd Smith (fictitious
name) through a slight space under the cockpit door, the hijacker quickly
put on a jumpsuit, helmet, and parachute. Once he had shut off the cabin
lights to better view the ground, the gunman demanded to be kept abreast
of wind, ground, and air speeds; altimeter settings; and sky conditions.
After the aircraft passed over the last Utah community on his prescribed
course, the hijacker sent no more notes. Hoping the incident was over, a
stewardess ventured into the passenger area and determined that the gunman
had indeed bailed out with the ransom into Utah's darkened skies. Five
hours after the hijacking began, the weary crew headed for nearby Salt
Lake City International Airport.
The FBI immediately searched the plane's interior for evidence upon its
landing. Any object the hijacker may have touched was examined. An array
of material such as seat belts, gum wrappers, cigarette butts, and a copy
of United's passenger publication, "Mainliner Magazine," was gathered by
Agents. One hand-printed note the hijacker neglected to take with him was
also sent to the FBI Laboratory in Washington, D.C., for closer scrutiny.
Interviews with crew members and passengers traced the hijacker's steps
from the moment he boarded. One stewardess recalled the subject was
flashily dressed. Other passengers and crew remembered a passenger agent
had entered the plane after all had boarded at Denver to locate the owner
of an envelope left in the waiting room. The subject claimed it, went into
the lavatory for an extended period, and finally was told by a flight
officer to return to his seat for takeoff. The general consensus was that
the individual had donned a wig and moustache while in the lavatory.
However, several passengers felt that more than one person was involved.
The notes received by the crew generally used a terminology of "we this"
or "we that," thus giving this impression.
A search of the countryside in the vicinity of the Provo, Utah Airport was
conducted since evidence indicated that the hijacker had bailed out in the
area. At approximately 2:00 a.m. the next day, FBI Agents, Provo City
Police, and the Utah County Sheriff's posse lined up some 20 to 30 yards
apart and combed the surrounding fields.
The night dragged on with no new leads being developed. Within a few
hours, though, area residents woke up to news of the hijacking. The Salt
Lake City Office of the FBI received a telephone call before noon from a
concerned citizen who said an acquaintance had outlined a "foolproof" plan
for hijacking an airplane. The acquaintance, Richard Floyd McCoy, Jr., was
a Vietnam veteran, a helicopter pilot, and an avid and capable skydiver.
McCoy, 29, was reportedly a member of the Utah Air National Guard and a
Police Science Major at Brigham Young University. In addition, McCoy was
generally known to be having serious financial problems.
The Department of the Army was requested to furnish samples of McCoy's
handwriting from its records to the FBI Laboratory since the citizen, in a
more detailed personal interview, provided additional valuable information.
McCoy was located and interviewed by FBI Agents but denied any
participation in, or prior knowledge of, the hijacking. He freely gave the
Agents a sample of his hand printing to be compared later with the style
in the note the hijacker left behind. McCoy continued to claim innocence
and was not detained.
Meanwhile, the FBI Laboratory had been busy with evidence already
received. A handwriting expert compared the note found on the plane with
McCoy's writing on military service records and determined that McCoy had
written the note. Fingerprint specialists discovered that a latent print
on the "Mainliner Magazine" found in the seat next to the hijackers's
matched a print taken from McCoy during his service year.
Incriminating evidence mounted against McCoy. In trying to trace the steps
the hijacker took after parachuting into the rural area surrounding Provo,
a lead was developed. When shown McCoy's photograph an employee at a
roadside hamburger stand said she had sold him a milkshake at about 11:30
on the night of the crime. In addition, a teenager stated that a man
fitting McCoy's description paid him five dollars for a ride from the
stand to a nearby town.
On April 9, a federal complaint was filed charging McCoy with aircraft
piracy and interfering with flight crew members. Later the same day an
arrest warrant was obtained and McCoy was taken into custody by FBI Agents
at his Provo home. Agents examined the accused's home under a search
warrant and uncovered various articles of skydiving equipment, an electric
typewriter (with key impressions matching those on the typed hijacking
instructions), and $499,970 in U.S. currency. A federal grand jury in Salt
Lake City indicted McCoy on April 14.
Two months later, McCoy, found to have acted alone, was tried in the U.S.
District Court and found guilty despite his claim of innocence. He was
subsequently sentenced to a term of 45 years. McCoy appealed the decision
to the U.S. Supreme Court, which denied his petition on October 9, 1973.
CHAPTER 22
JAMES EDWARD TESTERMAN
On April 17, 1942, a U.S. District Judge at Abingdon, Virginia, sentenced
Charles Joseph Lovett and James Edward Testerman to life imprisonment
after a jury found them guilty of murdering Hubert J. Treacy, Jr., a
Special Agent (SA) of the Federal Bureau of Investigation (FBI), on March
13, 1942. Still later on November 19, 1946, they were given additional
sentences.
The series of events culminating in the death of SA Treacy, as well as the
serious wounding of SA Charles L. Tignor, began on March 11, 1942. On that
date, Lovett, 21, and Testerman, 22, who were assigned to a Machine Gun
Troop, Third Cavalry, Fort Oglethorpe, Georgia, decided to desert from the
U.S. Army. Shortly after midnight on March 12, 1942, in accordance with
their carefully arranged plans, Lovett and Testerman entered the room of
Sergeant Clifton H. Hall, who was in charge of quarters, and bludgeoned
him into unconsciousness with an iron bell on the mess hall porch. They
then stole four .45 caliber U.S. Army Smith and Wesson revolvers and
approximately 100 rounds of ammunition from an adjoining room.
The men escaped from the military reservation and reached a nearby
highway. Testerman and Lovett then commandeered a taxi cab and forced the
driver at gun point to take them from Fort Oglethorpe, Georgia, to a site
near Cleveland, Tennessee. At that location, the taxi driver was forced
from the cab, searched, and robbed of $23, the fleeing deserters
continuing on with the automobile. The fugitives proceeded to Sweetwater,
Tennessee, where they abandoned the cab. Then they traveled by bus to
Abingdon, Virginia, where they arrived late in the afternoon and spent the
night at an inn. En route, however, they stopped at Knoxville, Tennessee,
and purchased a handbag in which they could carry the firearms and
ammunition without attracting attention.
In the meantime, a vigorous investigation was being conducted by the FBI.
The Knoxville Field Office was notified of the activities of these
soldiers on the morning of March 12, 1942, and Agents were dispatched from
several eastern and southern field offices to apprehend the deserters,
prosecution against them having been authorized and warrants for their
arrests issued in connection with violations of the National Motor Vehicle
Theft Act and the Kidnapping Statutes. Investigation developed that
Testerman had a girl at Abingdon, Virginia, and the Richmond Field Office
of the FBI was promptly furnished this information.
At 9:35 a.m., on March 13, 1942, SA Hubert J. Treacy, Jr., and Charles L.
Tignor, to whom this particular phase of the investigation was assigned,
were driving into Abingdon, Virginia, when SA Treacy observed two soldiers
walking along the street. They resembled the descriptions of Lovett and
Testerman. The Agents parked their car and walked into a cafe which the
soldiers had entered a few moments before.
The suspects were sitting in a booth, and had given their orders for
breakfast. Agents Treacy and Tignor approached the booth, identified
themselves as Agents of the FBI, explained they were looking for two
deserters, and asked the soldiers their identities.
Lovett, without warning, suddenly produced a .45 caliber revolver from his
belt, and fired at SA Tignor, who was knocked to the floor and wounded in
the right arm. In the same motion, Lovett turned the gun on SA Treacy as
the Agent was drawing his revolver. Lovett shot him in the face, and the
impact knocked SA Treacy to the floor. Lovett turned and fired several
more shots at SA Tignor, who was attempting to draw his revolver with his
left hand. Before leaving the cafe, Lovett fired again at SA Treacy, who
was lying face down on the floor. Testerman had risen from his seat in the
booth, and as he left the cafe he fired a shot at SA Treacy. SA Tignor
rose from the floor of the cafe and attempted to pursue the murderers, but
collapsed after reaching the street due to his injuries.
Both Agents were taken to an Abingdon hospital immediately. SA Hubert J.
Treacy, Jr., was pronounced dead upon arrival at the hospital; a bullet
entering his back caused his death. Agent Charles L. Tignor was seriously
wounded and was confined to his hospital bed for several weeks as the
result of receiving gun shot wounds in the chest, right arm, and left hand.
After running from the cafe, Lovett and Testerman unsuccessfully attempted
to commandeer an automobile. They did, however, secure a second car
belonging to a local citizen. As they approached a street intersection in
Abingdon, a member of the local police department drove his car across the
intersection to prevent their escape and a furious gun battle ensued. They
fled from the scene of this encounter and took refuge in a basement of a
house located on the outskirts of that town. While fleeing from the murder
scene, they also shot at four women who were riding in a car in Abingdon.
The house in which the fugitives barricaded themselves was soon surrounded
by a posse of law enforcement officers, including FBI Agents, local
officers, and numerous other officers from surrounding communities who had
been attending an FBI Civilian Defense School at Bristol, Virginia. Many
shots were exchanged in the ensuing gun battle with the fugitives.
Testerman and Lovett, before their capture with the aid of tear gas,
threatened and cursed the officers in loud voices on numerous occasions.
After a sufficient amount of tear gas had entered the basement, however,
the two fugitives threw down their guns and walked out with their hands in
the air.
A federal grand jury at Harrisonburg, Virginia, returned a true bill of
indictment on March 19, 1942, charging Testerman and Lovett with the
murder of SA Treacy in violation of Sections 253 and 452, Title 18, U.S.
Code, Annotated. The trial of the case began in the U.S. District Court at
Abingdon, Virginia, on April 15, 1942. On April 17, 1942, the deserters
were found guilty of murder in the first degree. Upon the recommendation
of the jury that capital punishment not be imposed, both individuals were
sentenced to life imprisonment in a U.S. penitentiary.
In addition to that prosecutive action, on April 28, 1942, a federal grand
jury at Chattanooga, Tennessee, returned indictments charging Lovett and
Testerman with violating the Kidnapping Statutes, as well as the National
Motor Vehicle Theft Act. Also, on May 18, 1942, at Rome, Georgia, a
Federal Grand Jury indicted these felons in connection with three other
violations. The latter indictments were stricken from the docket with
leave to reinstate, while certified copies of the former were filed as
detainers against the possible release of Lovett and Testerman. Inasmuch
as Lovett and Testerman, although sentenced to life imprisonment, would
become eligible for parole at the expiration of 15 years, it was decided
to try them on the federal indictments returned at Rome, Georgia, May 18,
1942.
Immediate trial was prevented because of the overseas service of many
material witnesses. On November 19, 1946, therefore, a federal judge at
Rome accepted their pleas of guilty to the three indictments charging: 1)
Assault on a Government Reservation; 2) Robbery of Personal Property, U.S.
Government; and 3) Interstate Transportation of Stolen Government
Firearms. The judge imposed a ten-year sentence on the first indictment
and two years, each, on the other two. The latter two sentences were
ordered to run concurrently. The judge ruled that the 12-year sentence
imposed should become effective upon expiration or legal release from the
sentence of life imposed upon them in 1942.
During his early youth in Philadelphia, Charles J. Lovett ran away from
home frequently and was often involved in petty thievery. He enlisted in
the Army on June 19, 1939, at Philadelphia, Pennsylvania, and was assigned
to a Machine Gun Troop, Third Cavalry, Fort Myer, Virginia. His record
with the Army was spotted with trouble. Lovett had received two court
martials, one for being absent without leave, and the other for reporting
for drill while intoxicated. On both occasions he was fined and sentenced
to hard labor.
James E. Testerman enlisted in the Army on October 17, 1949, at Richmond,
Virginia. He, too, was assigned to a Machine Gun Troop, Third Cavalry,
Fort Myer, Virginia. Like Lovett, Testerman had also been in trouble with
his superiors. In May, 1941, he was absent without leave. The deserter was
returned to Fort Myer, October, 1941, and convicted by court martial,
fined, and sentenced to hard labor for several months.
Hubert J. Treacy, Jr., entered FBI service on April 1, 1941. He was born
in New York City on January 13, 1913, and attended St. Mary's Star-of-the-
Sea School, Far Rockaway, New York, and St. Francis Xavier High School in
New York City. He attended Fordham College for one semester in 1932, and
then transferred to Georgetown University, Washington, D.C. He studied
there from September, 1932, until June, 1935, and graduated with an A.B.
Degree. He attended St. John's University Law School, Brooklyn, New York,
from 1935 to 1939, receiving his LL.B. Degree and then attended the
graduate school for one year. Prior to entering the Bureau's service he
was employed by the Bethlehem Steel Company.
Mr. Treacy was a member of the Knights of Columbus, Friendly Sons of Saint
Patrick of New York, American-Irish Historical Society, and Quartermaster
Association. He was survived by his widow, his mother, and two sisters.
CHAPTER 23
THE WEINBERGER KIDNAPPING
It was -- at least for residents of Long Island, New York -- the "crime of
the century" when one-month-old Peter Weinberger was kidnapped from his
suburban home on July 4, 1956. Certainly the fallout from the incident
reached national proportions. This child was not from a well-to-do family,
like the Lindberghs. This child came from a middle class family in
suburbia -- where people weren't afraid of being targeted by
extortionists. The Weinberger kidnapping struck fear in the hearts of
average Americans. People started locking their doors. Almost overnight,
an entire country lost its sense of security.
The Weinberger case also resulted in new legislation -- signed by
President Eisenhower -- that reduced the FBI's waiting period in
kidnapping cases from 7 days to 24 hours.*
It all started...
On that particular July 4th in 1956, Betty Weinberger wrapped her month-
old son Peter in a receiving blanket and placed him in his carriage on the
patio of their home in Westbury, NY. She then went inside for a few
minutes while he slept.
When Mrs. Weinberger came back to check on her son, all she found was an
empty carriage and a ransom note. In the note, the kidnapper apologized
for his actions but said he needed money and asked for $2,000. He promised
the baby would be returned "safe and happy" the following day if his
demand was met. Despite the kidnapper's threat to kill the baby at the
"first wrong move," she called the Nassau County Police Department.
Parents Ask For Media Blackout
After the kidnapping, Morris Weinberger requested that the newspapers hold
off printing the story of his son's kidnapping. All but one newspaper
granted Mr. Weinberger's request -- the kidnapping made the front page of
the New York Daily News. By the following day, news reporters swarmed the
drop-off area where the kidnapper requested the money be left. Police left
the phony ransom package at the spot, but the kidnapper never showed up.
The Second Attempt To Collect
On July 10th, six days after the kidnapping, the kidnapper called the
Weinberger home -- two separate times -- with additional instructions on
where to take the money. He didn't show up at either location. At the
second drop site, police searched a blue cloth bag found alongside a curb.
Inside the bag was a handwritten note -- apparently from the kidnapper --
telling the parents where to find the baby "if everything goes smooth."
The note was examined by experts who agreed that the original ransom note
and the second note were written by the same person.
The FBI Gets Down To Work
On July 11th, after the required seven-day waiting period, the FBI entered
the case. Its first step was to establish a temporary headquarters for its
employees from the NY Office -- agent and support -- in Mineola, Long
Island. The temporary headquarters -- which operated 24 hours a day -- was
under the personal direction of the Special Agent in Charge of the NY
Office.
The only evidence officials had -- up until then -- were the ransom notes.
Handwriting experts from the FBI Laboratory in Washington, DC, traveled to
New York and gave Special Agents a crash course in handwriting analysis.
These newly trained investigators began the task of examining the huge
volume of handwriting specimens maintained by the New York State Motor
Vehicle Bureau, federal and state probation offices, schools, aircraft
plants, and various municipalities.
After examining and eliminating almost two million samples, the search
ended on August 22, 1956. An agent at the U.S. Probation Office in
Brooklyn noted a similarity between the ransom notes and writing in the
probation file of one Angelo LaMarca. LaMarca had been arrested by the
Treasury Department for bootlegging.
As investigators soon learned, LaMarca was a taxi dispatcher and truck
driver who lived with his wife and two children in Plainview, NY. He lived
in a house he couldn't afford, had many unpaid bills, and was being
threatened by a loan shark. On July 4, 1956, he had found himself driving
around Westbury, seven miles away, trying to figure out how to get the
money he needed.
When he happened on the Weinberger house, Mrs. Weinberger was leaving her
son in the baby carriage to go into her house. On impulse, LaMarca
scribbled a ransom note in his truck, snatched Peter, and drove off.
The Arrest, And A Tragic Discovery
On August 23, 1956, LaMarca was arrested at his home by FBI Agents and
Nassau County police. Although he first denied any involvement in the
kidnapping of Peter Weinberger, he confessed when confronted with the
handwriting comparisons.
LaMarca told investigators he went to the first drop site the day after
the kidnapping - with the baby in the car -- but he was scared away by all
of the press and police in the area. He drove away, abandoned the baby
alive in some heavy brush just off a highway exit, and went home.
A search of the area by FBI Agents and Nassau County Police ensued. An FBI
Agent spotted a diaper pin -- then the decomposed remains of Peter
Weinberger. The heart-rending search was over.
In The End
Since LaMarca had crossed no state lines, he had not violated the federal
kidnapping statute -- and so he was turned over to Nassau County
authorities for state prosecution. In late 1956, he was tried and
convicted by a jury on kidnapping and murder charges. The jury returned
its verdict without a recommendation of leniency. On December 14, 1956, he
was sentenced to death.
After a number of legal appeals -- including one to the Supreme Court --
Angelo LaMarca was executed at Sing Sing Prison on August 7, 1958.
* Last October, the "Protection of Children from Sexual Predators Act of
1998" was signed into law. A provision of that law gave federal officials
the authority to enter a kidnapping investigation before the 24-hour
waiting period ended.
CHAPTER 24
THE WEYERHAEUSER KIDNAPPING
On May 24, 1935, George Weyerhaeuser, the nine-year old son of prominent
lumberman J.P. Weyerhaeuser of Tacoma, Washington, disappeared on his way
home from school. Although the students at Lowell School, which he
attended, were released for lunch earlier than usual, George followed his
regular practice of immediately walking to the nearby Annie Wright
Seminary to meet his sister Ann. The family's chauffeur generally met
George and Ann at the Seminary to drive them home for lunch at noon.
Arriving at the Seminary 10 or 15 minutes early that day, George
apparently decided to walk home rather than wait for his sister. But
George never reached home that day; somewhere between the Seminary and his
house, George Weyerhaeuser was kidnapped.
When the Weyerhaeuser family realized that George was missing, they
searched for him and notified the police department of his disappearance.
That evening, a special delivery letter, addressed "To Whom It May
Concern," arrived at the Weyerhaeuser home. It listed a series of demands,
including the payment of $200,000 ransom in unmarked twenty-, ten-, and
five-dollar bills in exchange for the boy. George's signature appeared on
the back of the envelope in which the letter arrived.
The Federal Bureau of Investigation's (FBI) Portland, Oregon, Field Office
was advised of the facts in this case, and Special Agents were sent to
Tacoma, Washington, to investigate. Adhering to the kidnappers'
instructions, an advertisement, signed "Percy Minnie," was placed in the
personal column of the "Seattle Post-Intelligencer" to indicate that the
Weyerhaeusers would comply with the kidnappers demands. Similar messages
were placed in the same newspaper on May 27 and May 29, 1935.
Mr. Weyerhaeuser received a letter from the kidnappers on May 29, 1935. He
was instructed to register at the Ambassador Hotel in Seattle, Washington,
as James Paul Jones and to await further contact. Also enclosed with the
kidnappers' letter was a short note from George, stating that he was safe.
Mr. Weyerhaeuser followed instructions, and at ten that night, a taxicab
driver delivered another letter to him at the hotel.
Complying with directions given in the note, Weyerhaeuser drove to a
designated point, where he found two sticks driven into the ground with a
piece of white cloth attached. There he found a message directing him to
another signal cloth further down the road. However, when he reached the
second signal cloth, he found no message. He waited there for two hours
before returning to the hotel.
On the morning of May 30, 1935, an anonymous party telephoned Mr.
Weyerhaeuser, saying that he had not followed orders the previous night.
George's father assured the caller that he wanted to cooperate but that he
could not find the last note.
At 9:45 that night, a man with a European accent telephoned Mr.
Weyerhaeuser and advised him to proceed to an address where he would find
a note in a tin can. Thereafter, he proceeded from one point to another,
following directions he found at each place.
On a dirt road off the main highway between Seattle and Tacoma, he found a
flag and another note advising him to wait for five minutes with the dome
light of his car burning and then to go to another white sign on the same
road. The note he found there told him to leave his car and walk back
toward Seattle. If the money was in order, George would be released within
30 hours.
Mr. Weyerhaeuser had walked about 100 yards when he heard a loud noise
from the bushes. A man ran out, got in the car and drove away with the
$200,000 ransom money.
Young George Weyerhaeuser was released at a shack near Issaquah,
Washington, on the morning of June 1, 1935.
George revealed that when he left Annie Wright Seminary on May 24, 1935,
he took a shortcut through some tennis courts. As he left the tennis
courts, he met a man of about 40 with brown hair and a moustache who asked
for directions. When George responded, the man picked him up and carried
him to a sedan which was parked across the street.
The child noticed that a second man was sitting in the front seat of the
car. George was put in the back seat and a blanket was thrown over him. He
was driven around for over an hour, during which time he heard the men
conversing in whispers.
The men stopped the car by the side of a road and removed the blanket
covering George. He was given an envelope and told to write his name in
pencil on the back of it. He was then blindfolded and carried ten or
twelve steps, where he said the man must have waded across a stream
because he heard rushing water. On the other side of the stream, he was
placed on the ground and led by the hand over the countryside for about
one-half or three-quarters of a mile. The boy noticed that the area was
covered with bushes or trees, which he frequently brushed against, and
that the ground was very uneven.
They arrived at a point by a large log, and the man who was leading George
put him into a hole which had been dug in the ground. George, whose
blindfold had been removed, estimated the hole to be about four square
feet. After chaining the boy's right wrist and leg, his two captors placed
a board over the hole, completely covering it. The men took turns guarding
him until about ten that night, when one of them said that the police
might find the hole.
The boy was carried back to the car and placed in the trunk, where he rode
for about an hour. He was taken from the car and led through the woods
again. Reaching their destination, his kidnappers dug another hole while
George waited by a tree. George was placed into this hole, along with a
seat from the car and two blankets, and the hole was covered with tar
paper. Subsequent examinations of this hole revealed the presence of
lizards and spiders which could have endangered the child's health.
Investigation determined that on May 26, 1935, the two men, accompanied by
a woman, put George in the trunk of a Ford and drove through Washington
into Idaho. Having passed through Blanchard, Idaho, they followed the
highway until they turned at a point on the mountain. During the early
morning, the boy was taken from the car and handcuffed to a tree, where he
was guarded until nightfall.
His abductors then took him to a house and put him in a large closet with
a mattress, two chairs and a small white table. On the evening of Friday,
May 31, 1935, George was told that they were leaving this house. He
noticed a watch on the table indicating it was 5:55. The two men, who
addressed each other as "Bill" and "Harry," went upstairs. George did not
try to run away because the men had told him that he would be going home
soon.
Again, George was placed in the car's trunk and taken to a little shack
near Issaquah, Washington. At about 3:30 the following morning, his
captors left, telling him that his father would come to take him home.
George wandered into a farmhouse and announced his identity. The family
took him in, washed him, gave him clean clothes, and drove him to Tacoma,
Washington, in their car.
When the FBI started investigating this case, every precaution was taken
to ensure the safe return of the victim. During the period of negotiation,
Special Agents conducted the investigation quietly. Serial numbers of the
ransom bills were sent to FBI Headquarters in Washington, D.C., where
ransom lists were prepared. Immediately after the kidnappers received the
money, these lists were sent to all of the Bureau's field offices for
distribution to commercial enterprises, including banks, hotels and
railway companies.
On June 2, 1935, a $20 ransom bill was tendered in payment of a railway
ticket from Huntington, Oregon, to Salt Lake City, Utah. Investigation by
FBI Agents determined the purchaser to be Harmon Metz Waley.
Shortly thereafter, many ransom bills appeared in discount stores in Salt
Lake City, Utah. Due to the limited number of Special Agents available
there, police officers were placed in each downtown discount store, and
each store was furnished a copy of the ransom list. As a result, on June
8, 1935, a police detective stationed at a Woolworth store was notified by
a cashier that a woman had presented one of the ransom bills. The
detective took the woman, who proved to be Margaret E. Waley, wife of
Harmon Waley, to the FBI's Salt Lake City Field Office.
Upon her arrival at the field office, another ransom bill was discovered
in her pocketbook. Although she told a number of conflicting stories, her
correct home address was obtained.
Later that day, Harmon Metz Waley was arrested at home. After making
several false statements, he confessed that he and William Dainard, whom
he had met in the Idaho State Penitentiary, had kidnapped the boy. He
added that his wife had no knowledge of the kidnapping until their arrival
in Spokane, Washington. She had been at the hideout house and helped them
negotiate the ransom.
Approximately $3,700 of the ransom money was found to have been burned in
the Waleys' stove. The ashes were sent to the FBI Laboratory in
Washington, D.C., where it was determined that a sufficient number of the
bills remained to positively identify them.
Waley claimed that he and Dainard planned to split the money evenly, but
that Dainard cheated him out of $5,000. After further questioning at the
field office, Waley said that he bought a Ford Roadster, which he
registered as Herman Von Metz, when he arrived in Salt Lake City. Under a
clump of trees or bushes, he had buried $90,790, which Special Agents
recovered on June 11, 1935.
Learning that Waley arranged to meet Dainard at the home of Margaret
Waley's parents, Agents proceeded to that house. Her grandfather advised
that a man answering Dainard's description had come to the house asking
for the Waleys. The grandfather told him that the Waleys had been there
earlier to pick up their suitcase but they returned to Salt Lake City and
had been arrested. The man exclaimed, "My God, did they get everything
they had?" before returning to his car and driving off.
Physical evidence found in the hideout, the holes and the kidnappers'
homes was examined by personnel of the FBI Laboratory. Fingerprint
identification positively linked the Waleys and Dainard to the shack where
the ransom had been divided. Also, Harmon Waley's fingerprints appeared on
the cans in which notes for Mr. Weyerhaeuser were placed, and a
fingerprint identified as Margaret Waley's was found at the hideout.
On June 19, 1935, the Federal Grand Jury, Tacoma, Washington, returned an
indictment charging William Dainard, Harmon Metz Waley and Margaret E.
Waley with kidnapping and conspiracy to kidnap.
Harmon Waley entered a plea of guilty on June 21, 1935, and was sentenced
to serve concurrent prison terms of 45 years on charge of kidnapping and 2
years on charge of conspiring to kidnap. He was sent to the United States
Penitentiary, McNeil Island, Washington. Waley later was transferred to
the United States Penitentiary, Alcatraz Island, California.
On June 22, 1935, Margaret Waley pleaded not guilty to both charges. She
was brought to trial in United States District Court, Tacoma, Washington,
on July 5, 1935. Four days later, she was sentenced to serve two
concurrent 20-year terms in the United States Detention Farm, Milan,
Michigan.
After William Dainard had spoken with Mrs. Waley's grandfather, he
proceeded to Butte, Montana. On June 9, 1935, he was recognized by a
police officer who attempted to apprehend him. Dainard eluded the officer,
and later his car was found to have been abandoned, along with $15,155 in
ransom money.
An Identification Order, which included Dainard's photograph,
fingerprints, handwriting specimen, and background information, was
prepared, and copies were distributed throughout the United States. In
response to information received that Dainard may have gone to either
Mexico or Australia, copies of the Identification Order also were
furnished to police agencies in both countries.
In early 1936, bills with altered serial numbers began to surface in the
western part of the country. The FBI Laboratory's examination of these
bills revealed the true serial numbers to be identical with those of
ransom bills. Banks were advised to be alert to any person presenting
altered currency for exchange.
On May 6, 1936, employees of two different Los Angeles, California, banks
reported that a man had exchanged altered bills at each bank. His license
number, obtained by personnel of both banks, was issued to a Bert E. Cole.
A surveillance was maintained at the address listed for that license
number. On the morning of May 7, 1936, Special Agents assigned to the
FBI's San Francisco Field Office were instructed to search that
neighborhood. Two Agents found a Ford bearing the reported license number
in a parking lot enclosed by a wire fence.
Later, a man entered the car and attempted to start it. When it failed to
start, he got out of the car and lifted the hood. Agents approached the
man, who was readily identified as being Dainard. He submitted to arrest
without resistance, and a .45 caliber Colt automatic pistol was removed
from his person.
When questioned, Dainard admitted his participation in the kidnapping. At
the time of his arrest, Agents recovered $37,374.47 in ransom money and
bills that Dainard admitted he had received in exchange for ransom money.
Special Agents also recovered $14,000 in $100 bills that Dainard had
buried in Utah. In addition, various dyes and other paraphernalia used to
change serial numbers on paper currency were found in the garage of his
Los Angeles, California, home.
Dainard was removed to Tacoma, Washington, where he entered a guilty plea
in the United States District Court on May 9, 1936. He was sentenced to
serve two concurrent 60-year prison terms for kidnapping and conspiring to
kidnap. That same day, he was sent to the United States Penitentiary,
McNeil Island, Washington. Upon his subsequent transfer to the United
States Penitentiary, Leavenworth, Kansas, prison authorities determined
Dainard to be insane and recommended that he be confined to a hospital.
Further investigation by the FBI revealed that Edward Fliss, an associate
of Dainard's, had assisted him in exchanging the ransom money. Fliss was
locate at the Delmar Hotel, San Francisco, California, where he was
arrested by FBI Agents. He offered no resistance and admitted to helping
Dainard dispose of the ransom money.
Fliss was removed to Seattle, Washington, where an indictment was returned
on November 10, 1936, charging him with assisting in the disposition of
ransom money. He entered a plea of guilty and was sentenced to serve ten
years in prison and to pay a fine of $5,000.
The participants in this kidnapping were sentenced to actual prison terms
aggregating 135 years. During the course of the investigation, Special
Agents of the FBI recovered a total of $157,319.47 in ransom money and
cash received in exchange for ransom money.
Harmon Metz Waley was the last of the kidnappers to be released from
custody. He was paroled from the United States Penitentiary, McNeil
Island, Washington, on June 3, 1963, at the age of 52.
The victim of this kidnapping, George Weyerhaeuser, ultimately became the
Chairman of the Board for the Weyerhaeuser Company.
PART V. ESPIONAGE
CHAPTER 25
ROBERT PHILIP HANSSEN ESPIONAGE CASE
For Immediate Release
February 20, 2001
Washington D.C.
FBI National Press Office
Attorney General John Ashcroft, FBI Director Louis J. Freeh and United
States Attorney Helen Fahey announced today that a veteran FBI
counterintelligence Agent was arrested Sunday by the FBI and charged with
committing espionage by providing highly classified national security
information to Russia and the former Soviet Union.
At the time of the arrest at a park in Vienna, Virginia, Robert Philip
Hanssen, age 56, was clandestinely placing a package containing highly
classified information at a pre-arranged, or "dead drop," site for pick-up
by his Russian handlers. Hanssen had previously received substantial sums
of money from the Russians for the information he disclosed to them.
FBI Director Louis J. Freeh expressed both outrage and sadness. He said
the charges, if proven, represent "the most serious violations of law --
and threat to national security."
"A betrayal of trust by an FBI Agent, who is not only sworn to enforce the
law but specifically to help protect our nation's security, is
particularly abhorrent. This kind of criminal conduct represents the most
traitorous action imaginable against a country governed by the Rule of
Law. It also strikes at the heart of everything the FBI represents -- the
commitment of over 28,000 honest and dedicated men and women in the FBI
who work diligently to earn the trust and confidence of the American
people every day."
"These kinds of cases are the most difficult, sensitive and sophisticated
imaginable. I am immensely proud of the men and women of the FBI who
conducted this investigation. Their actions represent counterintelligence
at its very best, reflecting dedication to both principle and mission. It
is not an easy assignment to investigate a colleague, but they did so
unhesitatingly, quietly and securely."
Hanssen was charged in a criminal complaint filed in Federal court in
Alexandria, Virginia, with espionage and conspiracy to commit espionage,
violations that carry a possible punishment of life in prison, and under
certain circumstances, the death penalty. Following the arrest, FBI Agents
began searching Hanssen's residence, automobiles and workspace for
additional evidence.
A detailed affidavit, filed in support of the criminal complaint and
search warrants, provides a troubling account of how Hanssen first
volunteered to furnish highly sensitive documents to KGB intelligence
officers assigned to the Soviet embassy in Washington, D.C. The affidavit
chronicles the systematic transfer of highly classified national security
and counterintelligence information by Hanssen in exchange for diamonds
and cash worth more than $600,000. Hanssen's activities also have links to
other, earlier espionage and national security investigations including
the Aldrich Ames and Felix Bloch cases, according to the affidavit.
The affidavit alleges that on over 20 separate occasions, Hanssen
clandestinely left packages for the KGB, and its successor agency, the
SVR, at dead drop sites in the Washington area. He also provided over two
dozen computer diskettes containing additional disclosures of information.
Overall, Hanssen gave the KGB/SVR more than 6,000 pages of valuable
documentary material, according to the affidavit.
The affidavit alleges that Hanssen compromised numerous human sources of
the U.S. Intelligence Community, dozens of classified U.S. Government
documents, including "Top Secret" and "codeword" documents, and technical
operations of extraordinary importance and value. It also alleges that
Hanssen compromised FBI counterintelligence investigative techniques,
sources, methods and operations, and disclosed to the KGB the FBI's secret
investigation of Felix Bloch, a foreign service officer, for espionage.
Freeh said that although no formal damage assessment could be conducted
before the arrest without jeopardizing the investigation, it is believed
that the damage will be exceptionally grave.
During the time of his alleged illegal activities, Hanssen was assigned to
New York and Washington, D.C., where he held key counterintelligence
positions. As a result of his assignments, Hanssen had direct and
legitimate access to voluminous information about sensitive programs and
operations. As the complaint alleges, Hanssen effectively used his
training, expertise and experience as a counterintelligence Agent to avoid
detection, to include keeping his identity and place of employment from
his Russian handlers and avoiding all the customary "tradecraft" and
travel usually associated with espionage. The turning point in this
investigation came when the FBI was able to secure original Russian
documentation of an American spy who appeared to the FBI to be Hanssen,
which subsequent investigation confirmed.
Freeh said the investigation that led to the charges is a direct result of
the combined and continuing FBI/CIA effort ongoing for many years to
identify additional foreign penetrations of the U.S. intelligence
community. The investigation of Hanssen was conducted by the FBI with
direct assistance from the CIA, Department of State and the Justice
Department, and represents an aggressive and creative effort which led to
this counterintelligence success. Freeh said, "We appreciate the
unhesitating leadership and support of Attorney General John Ashcroft from
the moment he took office."
Freeh also expressed his gratitude to Helen Fahey, United States Attorney
for the Eastern District of Virginia, Assistant United States Attorney
Randy Bellows, and senior Justice Department officials Robert Mueller,
Frances Fragos Townsend, John Dion and Laura Ingersoll for their
contributions to the case.
United States Attorney Fahey said, "In the past decade, it has been our
unfortunate duty to prosecute a number of espionage cases -- Ames, Pitts,
Nicholson, Squillacote, Kim, Boone, and others. With each case, we hope it
will be the last. Today, however with the arrest of Robert Hanssen, we
begin again the process of bringing to justice a U.S. Government official
charged with the most egregious violations of the public trust. The full
resources of the Department of Justice will be devoted to ensuring that
those persons who would betray their country and the people of the United
States are prosecuted and severely punished."
"I want to express my appreciation for the outstanding work done by the
National Security Division and the Washington Field Office of the FBI in
this investigation. Their superlative work in this extraordinarily
sensitive and important investigation is testament to their
professionalism and dedication. We also express our deep appreciation for
the outstanding assistance provided by the Internal Security Section of
the Criminal Division of the Department of Justice."
Freeh and CIA Director George Tenet kept the Intelligence Committees of
Congress, because of the clear national security and foreign policy
implications, informed about the case.
As a result of Hanssen's actions, Freeh has ordered a comprehensive review
of information and personnel security programs in the FBI. Former FBI
Director and Director of Central Intelligence William H. Webster will lead
the review. Webster, currently in private law practice, brings a "unique
experience and background in government management and counterintelligence,
" Freeh said. "Moreover, the respect he enjoys throughout the intelligence
community and elsewhere in government is second to none. Judge Webster
will have complete access and whatever resources that are necessary to
complete the task and will report directly to Attorney General Ashcroft
and me. I will share his report with the National Security Council and
then Congress as well," Freeh said.
Statement of FBI Director Louis J. Freeh On the Arrest of FBI Special
Agent Robert Philip Hanssen
For Immediate Release
February 20, 2001
Washington D.C.
FBI National Press Office
Sunday night the FBI arrested Robert Philip Hanssen who has been charged
with committing espionage. Hanssen is a Special Agent of the FBI with a
long career in counterintelligence.
The investigation that led to these charges is the direct result of the
longstanding FBI/CIA efforts, ongoing since the Aldrich Ames case, to
identify additional foreign penetrations of the United States Intelligence
Community. The investigation of Hanssen was conducted by the FBI in
partnership with the CIA, the Department of State, and, of course, the
Justice Department.
The complaint alleges that Hanssen conspired to and did commit espionage
for Russia and the former Soviet Union. The actions alleged date back as
far as 1985 and, with the possible exception of several years in the
1990s, continued until his arrest on Sunday. He was arrested while in the
process of using a "dead drop" to clandestinely provide numerous
classified documents to his Russian handler.
It is alleged that Hanssen provided to the former Soviet Union and
subsequently to Russia substantial volumes of highly classified
information that he acquired during the course of his job responsibilities
in counterintelligence. In return, he received large sums of money and
other remuneration. The complaint alleges that he received over $600,000.
The full extent of the damage done is yet unknown because no accurate
damage assessment could be conducted without jeopardizing the
investigation. We believe it was exceptionally grave.
The criminal conduct alleged represents the most traitorous actions
imaginable against a country governed by the Rule of Law. As difficult as
this moment is for the FBI and for the country, I am immensely proud of
the men and women who conducted this investigation. Their actions
represent counterintelligence at its very best and under the most
difficult and sensitive of circumstances. Literally, Hanssen's colleagues
and coworkers at the FBI conducted this investigation and did so quietly,
securely and without hesitation. Much of what these men and women did
remains undisclosed but their success and that of their CIA counterparts
represents unparalleled expertise and dedication to both principle and
mission.
The complaint alleges that Hanssen, using the code name "Ramon," engaged
in espionage by providing highly classified information to the KGB and its
successor agency, the SVR, using encrypted communications, dead drops, and
other clandestine techniques. The information he is alleged to have
provided compromised numerous human sources, technical operations,
counterintelligence techniques, sources and methods, and investigations,
including the Felix Bloch investigation.
The affidavit alleges that Hanssen voluntarily became an agent of the KGB
in 1985 while assigned to the intelligence division at the FBI field
office in New York City as supervisor of a foreign counterintelligence
squad. Hanssen allegedly began spying for the Soviets in 1985 when, in his
first letter to the KGB, he volunteered information that compromised
several sensitive techniques. He also independently disclosed the identity
of two KGB officials who, first compromised by Aldrich Ames, had been
recruited by the U.S. Government to serve as "agents in place" at the
Soviet Embassy in Washington. When these two KGB officials returned to
Moscow, they were tried and convicted on espionage charges and executed.
Hanssen subsequently was assigned to a variety of national security posts
that legitimately provided him access to classified information relating
to the former Soviet Union and Russia. As a result of these assignments
within the FBI, Hanssen gained access to some of the most sensitive and
highly classified information in the United States Government. To be very
clear on this issue, at no time was he authorized to communicate
information to agents of the KGB/SVR. Nor can there be any doubt that he
was keenly aware of the gravity of his traitorous actions. He later wrote
to his KGB handler, speaking about the severity with which U.S. laws
punishes his alleged actions, and acknowledging "...I know far better than
most what minefields are laid and the risks."
Hanssen was detailed to the Office of Foreign Missions at the Department
of State from 1995 to 2000. The complaint, however, does not allege any
compromises by him at the State Department. In one letter to his Russian
handlers, Hanssen complains about lost opportunities to alert them that
the FBI had discovered the microphone hidden at the State Department,
known then by the FBI but apparently not by Hanssen as being monitored by
a Russian intelligence officer. In this assignment, however, Hanssen did
continue to have access to sensitive FBI information as he remained
assigned to the FBI's National Security Division and routinely dealt with
sensitive and classified matters.
For many years, the CIA and FBI have been aggressively engaged in a
sustained analytical effort to identify foreign penetrations of the
Intelligence Community. That effort is complemented by substantial FBI
proactive investigation of foreign service intelligence officers here and
by the critical work done by the CIA. Because of these coordinated
efforts, the FBI was able to secure original Russian documentation of an
American spy who appeared to the FBI to be Hanssen -- a premise that was
soon to be confirmed when Hanssen was identified by the FBI as having
clandestinely communicated with Russian intelligence officers.
As alleged in the complaint, computer forensic analysis, substantial
covert surveillance, court authorized searches and other sensitive
techniques revealed that Hanssen has routinely accessed FBI records and
clandestinely provided those records and other classified information to
Russian intelligence officers. As alleged, he did so using a variety of
sophisticated means of communication, encryption, and dead drops.
Further, the complaint alleges that Hanssen, using his training and
experience to protect himself from discovery by the FBI, never met face-to-
face with his Russian handlers, never revealed to them his true identity
or where he worked, constantly checked FBI records for signs he and the
drop sites he was using were being investigated, refused any foreign
travel to meet with the Russians, and even declined to accept any "trade
craft." Hanssen never displayed outward signs that he was receiving large
amounts of unexplained cash. He was, after all, a trained
counterintelligence specialist. For these reasons, the FBI learned of his
true identity before the Russians; they are learning of it only now. Even
without knowing who he was or where he worked, Hanssen's value to the
Russians was clear both by the substantial sums of money paid and the
prestigious awards given to their own agents for Hanssen's operation.
While this arrest represents a counterintelligence investigative success,
the complaint alleges that Hanssen located and removed undetected from the
FBI substantial quantities of information that he was able to access as a
result of his assignments. None of the internal information or personnel
security measures in place alerted those charged with internal security to
his activities. In short, the trusted insider betrayed his trust without
detection.
While the risk that an employee of the United States Government will
betray his country can never be eliminated, there must be more that the
FBI can do to protect itself from such an occurrence. I have asked Judge
William H. Webster, and he has graciously agreed, to examine thoroughly
the internal security functions and procedures of the FBI and recommend
improvements. Judge Webster is uniquely qualified as a former FBI
Director, CIA Director and Director of Central Intelligence to undertake
this review. This is particularly timely as we move to the next generation
of automation to support the FBI's information infrastructure. Judge
Webster and anyone he selects to assist him will have complete access and
whatever resources are necessary to complete this task. He will report
directly to the Attorney General and me and we will share his report with
the National Security Council and Congress. I intend to act swiftly on his
recommendations.
Before concluding, I would like to take this opportunity to thank Director
of Central Intelligence George Tenet for the cooperation and assistance of
his agency in this investigation. Through our cooperative efforts, the FBI
and CIA were able to learn the true identity of "Ramon" and the FBI was
able to conduct a solid investigation. Our joint efforts over the last
several years and specifically in this case should give pause to those
contemplating betrayal of the Nation's trust. Without the current
unprecedented level of trust and cooperation between the CIA and FBI,
making this case would not have been possible. Nor would many other
intelligence and counterintelligence accomplishments that routinely but
quietly contribute to the security of this Nation.
Through Attorney General John Ashcroft, I would like to thank the
Department of Justice and the U.S. Attorney's Office for the Eastern
District of Virginia. The level of support and expertise from Acting
Deputy Attorney General Robert Mueller, Counsel for Intelligence Policy
Frances Fragos Townsend, U.S. Attorney Helen Fahey and Assistant United
States Attorney Randy Bellows is superb. We particularly appreciate the
unhesitating leadership and support of Attorney General Ashcroft from the
moment he took office.
Director Tenet and I have briefed the intelligence committees of Congress
because of the clear national security implications.
As Director of the FBI, I am proud of the courageous men and women of the
FBI who each day make enormous sacrifices in serving their country. They
have committed their lives to public service and to upholding the high
standards of the FBI. Since becoming Director over seven years ago, I have
administered the FBI oath to each graduating class of Special Agents at
the FBI Academy. Each time, I share the pride and sanctity of those words
when new agents swear to "support and defend the Constitution of the
United States against all enemies, foreign and domestic" and to "bear true
faith and allegiance to the same."
Regrettably, I stand here today both saddened and outraged. An FBI Agent
who raised his right hand and spoke those words over 25 years ago has been
charged today with violating that oath in the most egregious and
reprehensible manner imaginable. The FBI entrusted him with some of the
most sensitive secrets of the United States Government and instead of
being humbled by this honor, Hanssen has allegedly abused and betrayed
that trust. The crimes alleged are an affront not only to his fellow FBI
employees but to the American people, not to mention the pain and
suffering he has brought upon his family. Our hearts go out to them. I
take solace and satisfaction, however, that the FBI succeeded in this
investigation. As an agency, we lived up to our responsibility, regardless
of how painful it might be.
CHAPTER 26
MAKSIM MARTYNOV
In the Summer of 1954, a Soviet Air Force officer invited a United States
Colonel -- whom he knew through official contacts -- to lunch with him at
his quarters in East Berlin. The Soviet, who knew the American planned to
retire from the Army, indicated that he wanted to have a private
conversation with him. On the designated date, in August, the two men met
by prearrangement in front of the Tomb of the Unknown Soldier in East
Berlin. It was raining slightly. The Colonel entered the Soviet's car,
which was standing on a side street. The two then drove off to the
Soviet's quarters. The United States officer told the Soviet that he had
instructed his driver to return to the spot in front of the Tomb of the
Unknown Soldier in an hour and a quarter. The Soviet replied that would
not be long enough, but the American assured him that his driver would
wait.
The house to which the Soviet brought the Colonel was unoccupied. The two
men sat down for lunch. There was a knock at the front door. A newcomer,
dressed in civilian clothes, was introduced to the Colonel. He
acknowledged the introduction by saying, "Hello, Colonel, how are you?" in
American English. This Soviet civilian stated he had been in New York
during the war and inferred that he had worked at Amtorg. He appeared to
be about 38 years of age, weighed about 175 pounds, and was 5 feet 10
inches in height. Though the Soviet civilian claimed he would not drink,
he accepted a glass of wine and ended up by drinking the entire bottle.
After eating, the American indicated that he must leave, but the Soviet
officer insisted that he stay for a cup of coffee. The Soviet officer then
left the room for the coffee and was gone about 30 minutes. During his
absence, the Soviet civilian asked about inconsequential things and then
asked the Colonel if he planned to live in Leavenworth, Kansas*, upon his
return to the United States. The Colonel indicated that he did. (The
Colonel had not mentioned his place of retirement to the Soviet civilian,
though he had previously mentioned it to another Soviet officer at another
meeting.)
The Soviet civilian then asked, "Colonel, if I come to the States, could I
come and see you there?" The Colonel's reply was, "Why, certainly." The
Soviet then remarked that he was a man with a wife and child and wanted
security for them. He asked the Colonel if he would help him if he (the
Soviet) came to the States. Again the Colonel replied that he would. The
Soviet then made a chart of downtown Manhattan. He marked the northeast
corner of 86th Street and Madison Avenue with a dot. The Soviet then asked
if the Colonel could come to New York, and the Colonel replied that he
might do so in the fall. The Soviet then indicated that if the Colonel
would come to the northeast corner of 86th and Madison, he would meet him
there at 4 p.m. on any of the following alternate dates: October 15, 25;
or November 5, 15, or 25; January 1; February 1; March 1.
* Location of Army Command and General Staff School
The Soviet then indicated that though he himself would probably not meet
the American in New York, someone would do so and would make the following
statement, "Seems to me that I have met you at Spechstrasse, Colonel. What
is the number of your house there?" The Soviet continued, "You should
reply: 'Oh, yes, I have lived there at Spechstrasse 19.'"
The Soviet then asked if the Colonel could bring some books, pamphlets and
maps from the school in Leavenworth with him. The Colonel replied that
since he would be retired, he would have nothing to do with the
Leavenworth school. The Soviet suggested that he could perhaps get some
material anyhow. The American Colonel stated he "would have to think it
over." The Soviet asked the Colonel if he needed any money, and he replied
in the negative.
At about this time, the Soviet officer returned and again excused himself
to brew some coffee. The Colonel then made a copy of the sketch of the
Manhattan area which the Soviet civilian had done, since the Soviet
refused to give him the original sketch. After coffee the Army Colonel
announced that he had to leave since it was getting late. The Soviet asked
him if he could return again in a couple of days, but the Colonel replied
he would be very busy packing and would be unable to make another
appointment. With that, the Colonel left the house and returned to where
his driver was waiting for him.
The American Army officer immediately reported this meeting to appropriate
authorities and indicated his willingness to cooperate in any way with the
proper intelligence agencies in connection with any future meetings with
the Soviet.
Shortly thereafter, the American Colonel returned to the United States;
and the full details of the approach made to him by the Soviets were made
available to the FBI. On October 15, 1954 -- the first meeting date set by
the Soviet civilian -- FBI Agents took inconspicuous positions near the
intersection of 86th Street and Madison Avenue in New York. At the same
approximate time as the Colonel's appointment, these Agents observed
Soviet officers attached to the Soviet representation at the United
Nations. They obviously were looking it over for the contemplated
rendezvous and seemed to be expecting another party to appear.
The FBI made arrangements to effect a meeting on the next scheduled date
of October 25, 1954. Plans were made for a Special Agent of the FBI to act
as a substitute for the Army Colonel at the meet. Accordingly, a Bureau
Agent who came closest to resembling the Colonel was selected for the
assignment. (The FBI Agent was 5 feet 11 inches tall, weighed about 178
pounds and had brown hair with a receding hairline, hazel eyes, a ruddy
complexion, and a rather full face with a round chin. The Colonel was 5
feet 10 inches tall, weighed about 180 pounds and had brown hair with a
receding hairline, brown eyes, a ruddy complexion, and a rather full face
with a round chin. The Colonel wore a mustache, and there was 10 years'
difference in their ages.)
The Agent was made up by a New York professional make-up artist. The make-
up work was done on the basis of a photograph of the Army Colonel, as well
as a detailed description of him. The make-up included a false mustache
made of crepe hair which was held in place by spirit gum. (This type
mustache is extremely difficult to make inasmuch as it must be put on hair
by hair to appear natural.) The Agent's hair was also touched up to make
it appear to be considerably graying. After the application of make-up, a
strong resemblance between the Agent and the Colonel could be seen,
particularly in the mustache, mouth, nose, eyebrows, chin, and shadows
under the eyes.
Since the Army Colonel was known to have worn loose-fitting tweed-type
clothing, the Agent taking his place wore a tweed sport coat which was
loose-fitting.
The Agent also had to familiarize himself to a considerable extent with
the background of the Colonel, his family background, the family's
activities and whereabouts, the Colonel's previous assignment in Germany
and any other details which might be necessary to further convince the
Soviets that the Agent was the actual Colonel. Appropriate identification
data was also furnished the Agent in the event the Soviet might request it.
On October 25, 1954, the Special Agent posing as the Army Colonel arrived
at the intersection at approximately 4:05 p.m. Two Soviet nationals
(identified as members of the Soviet delegation to the United Nations)
were observed in the area closely scrutinizing the Agent posing as the
Colonel; however, they made no attempt to contact him. Again on November
5, 1954, the Special Agent was present at the meeting place; however, no
Soviets were seen in the area.
On November 15, at approximately 4:05 p.m., the Special Agent disguised as
the Colonel arrived at the designated intersection by taxicab. He noticed
a man standing on the corner who was obviously watching him. The stranger
appeared to be about 5 feet 10 inches in height; weight about 190; husky
build; about thirty-five to forty years of age. He wore a dark blue
overcoat, blue suit and dark gray hat. For five minutes the stranger
studied the Agent intensely, then walked up to him and mumbled something.
The "Colonel" didn't hear him and queried: "Pardon me?" The Soviet
national then gave the prearranged code phrase: "Seems to me that I have
met you at Spechstrasse. Colonel, what is the number of your house there?"
The Agent replied: "Oh, yes, I have lived there at Spechstrasse 19."
The Soviet national then introduced himself as "Schultz" and suggested
that they go for a ride. ("Schultz" was immediately recognized by FBI
Agents who had concealed themselves in the area as Maksim Martynov,
attached to the Soviet delegation of the United Nations.) The substitute
Colonel declined and suggested instead that they take a walk to Central
Park. The Soviet agreed to this proposal.
As they walked along, the "Colonel" inquired as to whether he could meet
the Russian whom he had been introduced in East Berlin. "Schultz"
indicated that he would not, but that he (Schultz) was a friend of his
carrying out the mission for him. The "Colonel" then showed the Soviet an
identification card, which he examined.
Upon arrival in Central Park, the two began looking for a park bench on
which to sit. Unable to find one, they crossed the bridle path and walked
along the reservoir. "Schultz" then posed questions concerning Fort
Leavenworth, and the substitute Colonel furnished him innocuous answers
and nonclassified data. The Soviet then indicated that he would need
specific information about the Army post and asked the "Colonel": "Are you
willing to help me?" The "Colonel" replied that it would be a difficult
job to obtain necessary data, but that it might be possible.
The Soviet national then commented about the "Colonel's" heavy expenses in
having to come to New York to make the "meet." He reached into his
overcoat pocket, pulled out a roll of paper and handed it to the
"Colonel." Without looking at it, the Agent quickly placed the roll in his
pocket. It turned out to be 25 ten-dollar bills.
"Schultz" stated that he would like to see the "Colonel" again and set the
next meeting for January 15, 1955, at 4 p.m. at 86th and Madison Avenue.
He added that if he (Schultz) did not contact him on that date, the
Colonel should appear on the first Saturday of each succeeding month for
four months at another address indicated on a paper he handed to him. The
paper proved to be a cash register receipt from a Fifth Avenue book store.
"Schultz" noted that if he himself did not appear, another Soviet would
take his place. Accordingly, he gave the following instructions so that
the "Colonel" would be easily recognized: he was to carry a red and blue
pencil, sharpened at both ends in his left hand and a street guide of
Manhattan and the Bronx in his right coat pocket. The "Colonel" was to
enter the designated book store and browse around in the scientific and
medical section of the store. If another person, other than "Schultz,"
would appear, he would greet the "Colonel" with the words: "Are you
interested in theory?" The "Colonel's" reply was to be: "I am interested
in elementary theory." With that, the two men separated after spending
about 35 minutes together.
At about 4:01 p.m. on January 15, 1955, the substitute Colonel drove up in
a taxicab to the corner of 86th Street and Madison Avenue. When he
alighted from the cab, he noticed "Schultz" standing on the corner and
walked over to him. "Schultz" gave a smile of recognition, and the two
shook hands. The Soviet then said, "Let's take a walk."
The "Colonel" suggested that they go to Central Park. The Soviet refused
and insisted on walking up Madison Avenue. The two then agreed to go to a
nearby hotel bar, with "Schultz" indicating that he would buy the
"Colonel" a dinner. As they walked toward the hotel, the "Colonel" told
the Soviet that he had been successful in getting the information he
desired and that some of the data was in the briefcase he (the "Colonel")
was carrying.
On entering the bar, the substitute Colonel selected a vacant table
located in a corner of the dimly lit bar. The two sat down and the
"Colonel" placed the briefcase on the seat beside him. They then ordered a
drink. "Schultz" leaned over and cautioned his companion to speak in a low
voice. The "Colonel" then noted that he had everything the Soviet wanted
him to get and asked if "Schultz" had any paper on which to make notes.
When the Soviet replied, "No," the "Colonel" stated: "You will just have
to remember what I have to say to you."
The "Colonel" further noted that he could also give him some data
contained in the briefcase; and as the "Colonel" talked, the Soviet looked
around the bar. Then the Soviet whispered, "I don't like this place." The
Soviet appeared to be extremely eager to leave the bar and get possession
of the briefcase.
At this point, the substitute Colonel placed the briefcase on the table in
front of him. This was the signal for Special Agents who were observing
the meeting to approach the two men.
When these "intruders" identified themselves as FBI Agents, "Schultz"
appeared to be visibly shaken. His face paled considerably, while he
protested that he was just having a drink. Upon request, "Schultz"
displayed credentials identifying him as Maksim Martynov, a member of the
Soviet delegation to the United Nations. As such, he had diplomatic
immunity. FBI Agents then confronted him with the knowledge of his act of
espionage.
Martynov regained his composure and refused to talk further with the
Agents. He snapped his fingers for the waiter's attention and upon the
waiter's arrival handed him two bills in payment for the drinks. Martynov
didn't bother to wait for his change -- 50 cents -- but immediately picked
up his hat and left the lounge at 4:13 p.m. He was subsequently identified
as proceeding by bus directly to the Soviet United Nations delegation
headquarters.
On February 21, 1955, the Department of State declared Martynov persona
non grata in connection with his espionage activity, and he departed the
United States on February 26, 1955.
Biographical Data Re: Martynov
Maksim Grigorlevich Martynov was born February 17, 1915, at Leningradskaya
Oblast, USSR. He entered the United States on November 12, 1951, as a
member of the Soviet delegation to the United Nations. He made several
visits to Russia and last re-entered the United States on November 3,
1954, carrying a Soviet diplomatic passport. He held the rank of Colonel
in the Soviet military establishment.
CHAPTER 27
RUDOLPH IVANOVICH ABEL (HOLLOW NICKEL CASE)
Origin Of Case
On the evening of Monday, June 22, 1953, a delivery boy for the "Brooklyn
Eagle" knocked on the door of one of his customers in the apartment
building at 3403 Foster Avenue in Brooklyn. It was "collecting time"
again. A lady answered the door. She disappeared for a moment, then
returned with a purse in her hand.
"Sorry, Jimmy," she said. "I don't have any change. Can you break this
dollar bill for me?"
The newsboy quickly counted the coins in his pocket. There were not
enough. "I'll ask the people across the hall," he said.
There were two ladies in the apartment across from the one occupied by
Jimmy's customer. By pooling the coins in their pocketbooks, they were
able to give the newsboy change for a dollar.
After he collected for the newspaper, Jimmy left the apartment house
jingling several coins in his left hand. One of the coins seemed to have a
peculiar ring. The newsboy rested this coin, a nickel, on the middle
finger of his hand. It felt lighter than an ordinary nickel.
He dropped this coin to the floor. It fell apart! Inside was a tiny
photograph -- apparently a picture of a series of numbers.
Two days later (Wednesday, June 24, 1953) during a discussion of another
investigation, a detective of the New York City Police Department told a
Federal Bureau of Investigation (FBI) Agent about the strange hollow
nickel which, he had heard, was discovered by a Brooklyn youth. The
detective had received his information from another police officer whose
daughter was acquainted with the newsboy.
When the New York detective contacted him, Jimmy handed over the hollow
nickel and the photograph it contained. The detective, in turn, gave the
coin to the FBI.
In examining the nickel, Agents of the FBI's New York Office noted that
the microphotograph appeared to portray nothing more then ten columns of
typewritten numbers. There was five digits in each number and 21 numbers
in most columns. The Agents immediately suspected that they had found a
coded espionage message. They carefully wrapped the nickel and
microphotograph for shipment to the FBI Laboratory.
Upon its receipt in Washington on June 26, 1953, the nickel was subjected
to the thorough scrutiny of a team of FBI scientific experts. Hollow
coins, though rarely seen by the ordinary citizen, are occasionally used
in magic acts and come to the attention of Federal law enforcement
agencies from time to time. This was the first time, however, that the FBI
had ever encountered a nickel quite like this one.
The face of the coin was a 1948 Jefferson nickel. In the "R" of the word
"TRUST", there was a tiny hole -- obviously drilled there so that a fine
needle or other small instrument could be inserted to force the nickel
open.
The reverse side had been made from another nickel -- one minted sometime
during the period of 1942 to 1945. It was composed of copper-silver alloy,
there being a shortage of nickel during World War II.
While efforts were being made to decode the message on the
microphotograph, FBI Agents in New York launched an investigation to find
the source of the hollow coin. The two ladies who had changed the newboy's
dollar on the evening of June 22 were located. Yes, they remembered Jimmy;
but, if either had given him a hollow nickel, it was entirely
unintentional. "Why, we've never seen a hollow coin -- or, for that
matter, even heard of one before."
The proprietors of novelty stores and related business establishments in
the New York vicinity were contacted. Photographs of the hollow coin were
shown to them. None could recall seeing a nickel or other coin quite like
this one.
"It's not suitable for a magic trick," one novelty salesman commented.
"The hollowed-out area is too small to hide anything aside from a tiny
piece of paper.
In Washington, each effort to decipher the microphotograph met with
failure. Additionally, the kind of typewriter which had been used in
preparing the coded message could not be identified. Since the FBI
Laboratory maintains a reference file concerning typewriters manufactured
in the United States, a foreign-made typewriter undoubtedly was involved.
From 1953 to 1957, continuing efforts were made to solve the mystery of
the hollow coin. Several former intelligence agents who had defected to
the free world from communist-bloc nations were contacted. They could shed
no light on the case.
As the search for the source of the hollow nickel expanded across the
United States, hollow subway tokens, "trick" coins, and similar objects
were submitted to the FBI Laboratory by Agents in various parts of the
country. From New York came a half dollar which had been ground in such a
manner that smaller coins could be concealed under it. From Los Angeles
came a peculiar-looking 1953 Lincoln penny. FBI scientists determined that
it had been coated with nickel.
Two hollow pennies were found in Washington, D.C. Neither of these
pennies, nor the assortment of other coins which the Laboratory examined,
was found to have tool markings or other distinguishing features to
identify it with the newsboy's 1948 Jefferson nickel.
In the intelligence and counterintelligence field, patience is more than a
virtue. It is an absolute necessity. Months of determined probing by the
FBI's scientists and investigative staff had led merely to one blind alley
after another. Yet, the relentless search to identify the person who had
brought the hollow nickel to New York, as well as the person for whom the
coded message was intended, continued.
Defection Of A Russian Spy
The key to this mystery proved to be a 36-year-old Lieutenant Colonel of
the Soviet State Security Service (KGB). Early in May, 1957, he telephoned
the United States Embassy in Paris and subsequently arrived at the Embassy
to be interviewed. To an Embassy official, the Russian espionage agent
explained, "I'm an officer in the Soviet intelligence service. For the
past five years, I have been operating in the United States. Now I need
your help."
This spy, Reino Hayhanen, stated that he had just been ordered to return
to Moscow. After five years in the United States, he dreaded the thought
of going back to his communist-ruled homeland. He wanted to defect -- to
desert the Soviet camp.
Hayhanen was born near Leningrad on May 14, 1920. His parents were
peasants. Despite his modest background, Hayhanen was an honor student
and, in 1939, obtained the equivalent of a certificate to teach high
school.
In September, 1939, Hayhanen was appointed to the primary school faculty
in the Village of Lipitzi. Two months later, however, he was conscripted
by the Communists' secret police, the NKVD. Since he had studied the
Finnish language and was very proficient in its use, Hayhanen was assigned
as an interpreter to an NKVD group and sent to the combat zone to
translate captured documents and interrogate prisoners during the Finnish-
Soviet war.
With the end of this war in 1940, Hayhanen was assigned to check the
loyalty and reliability of Soviet workers in Finland and to develop
informants and sources of information in their midst. His primary
objective was to identify anti-Soviet elements among the intelligentsia.
Hayhanen became a respected expert in Finnish intelligence matters and in
May, 1943, was accepted into membership in the Soviet Communist Party.
Following World War II, he rose to the rank of senior operative authorized
representative of the Segozerski district section of the NKGB and, with
headquarters in the Village of Padani, set about the task of identifying
dissident elements among the local citizens.
In the summer of 1948, Hayhanen was called to Moscow by the KGB. The
Soviet intelligence service had a new assignment for Hayhanen -- one which
would require him to sever relations with his family, to study the English
language, and to receive special training in photographing documents, as
well as to encode and decode messages.
While his KGB training continued, Hayhanen worked as a mechanic in the
City of Valga, Estonia. Then, in the summer of 1949, he entered Finland as
Eugene Nicolai Maki, an American-born laborer.
Background Of Real Maki
The real Eugene Nicolai Maki was born in Enaville, Idaho, on May 30, 1919.
His mother also was American born, but his father had immigrated to the
United States from Finland in 1905. In the mid-1920s, Eugene Maki's
parents became deeply impressed by glowing reports of conditions in "the
new" Russia. They sold their belongings and left their Idaho farm for New
York to book passage on a ship to Europe.
After leaving the United States, the Maki family settled in Estonia. From
the outset, it was obvious that they had found no "Utopia" on the border
of the Soviet Union. Letters which they wrote to their former neighbors
showed that Mr. and Mrs. Maki were very unhappy and sorely missed America.
As the years passed, memories of the Maki family gradually began to fade,
and all but possibly two or three old time residents of Enaville, Idaho,
forgot that there has ever been a Maki family in that area. In Moscow,
however, plans were being made for a "new" Eugene Maki, one thoroughly
grounded in Soviet intelligence techniques, to enter the scene.
Hayhanen Becomes Maki
From July, 1949, to October, 1952, Hayhanen resided in Finland and
established his identity as the American-born Eugene Maki. During this
period, he was most cautious to avoid suspicion or attracting attention to
himself -- his Soviet superiors wanting him to become established as an
ordinary, hard-working citizen. This false "build up," of course, was
merely part of Hayhanen's preparation for a new espionage assignment.
While in Finland, Hayhanen met and married Hanna Kurikka. She was to join
him in the United States on February 20, 1953 -- four months after his
arrival here. Even his wife knew him only as Eugene Maki, so carefully did
he cover his previous life.
On July 3, 1951, Hayhanen -- then living in Turku, Finland -- visited the
United States Legation in Helsinki. He displayed a birth certificate from
the State of Idaho which showed that he was born in Enaville on May 30,
1919, and, in the presence of a Vice Consul, he executed an affidavit in
which he explained that his family had left the United States in 1928:
"I accompanied my mother to Estonia when I
was eight years of age and resided with her
until her death in 1941. I left Estonia for
Finland in June, 1943, and have resided here for
the reason that I have no funds with
which to pay my transportation to the
United States."
One year later -- July 28, 1952 -- a passport was issued to Hayhanen as
Eugene Maki at Helsinki. Using this passport, he sailed October 16, 1952,
from Southhampton, England, aboard the Queen Mary and arrived at New York
City on October 21, 1952.
Several weeks before he departed for America, Hayhanen was recalled to
Moscow and introduced to a Soviet agent, "Mikhail," who was to serve as
his espionage superior in this country. In order to establish contact with
"Mikhail" in the United States, Hayhanen was instructed that after
arriving in New York he should go to the Tavern on the Green in Central
Park. Near the tavern, he was told, he would find a signpost marked "Horse
Carts"
"You will let Mikhail know of your arrival by placing a red thumb tack in
this signpost," a Soviet official told him. "If you suspect that you are
under surveillance, place a white thumb tack on the board."
Hayhanen Returns To The United States
The information which Hayhanen furnished to U.S. officials in Paris,
France, in May, 1957, was immediately checked. There could be no question
of its accuracy. Accordingly, passage was secured for Hayhanen on an
airliner, and he was permitted to return to the United States.
Following his arrival in New York on May 10, 1957, Hayhanen was given a
thorough physical examination, suitable quarters were found for him, and
arrangements were made for him to be interviewed by FBI Agents.
From the fall of 1952 until early in 1954, he said, "Mikhail" served as
his espionage superior in New York. They met only when necessary -- the
meeting place being the Prospect Park subway station. To exchange messages
and intelligence data, they used "dead drops" -- inconspicuous hiding
places -- in the New York area. One of these "dead drops" was an iron
picket fence at the end of 7th Avenue near Macombs bridge. Another was the
base of a lamp post in Fort Tryon Park.
In one of the "dead drops" mentioned by Hayhanen -- a hole in a set of
cement steps in Prospect Park -- FBI Agents found a hollowed-out bolt. The
bolt was about two inches long and one-fourth inch in diameter. It
contained the following typewritten message:
"Nobody came to meeting either 8 or 9th...as
I was advised he should. Why? Should he be
inside or outside? Is time wrong? Place
seems right. Please check."
The bolt was found on May 15, 1957. It had been placed in the "dead drop"
about two years previously, but, by a trick of fate, a repair crew had
filled the hole in the stairs with cement, entombing the bolt and the
message it contained.
Questioned about the hollow bolt, Hayhanen said that "trick" containers
such as this were often used by the espionage apparatus which he served.
Among the items he had been supplied by the Soviets were hollow pens,
pencils, screws, batteries, and coins -- in some instances magnetized so
they would adhere to metal objects.
Hollow 50 Markkaa Coin
In the modest home of Hayhanen and his wife on Dorislee Drive in
Peekskill, New York, FBI Agents found such items as a 50 Markka coin from
Finland. It had been hollowed out, and there was a small hole in the first
"a" of the word "Tasavalta" which appeared on the "tail side" of this coin.
FBI Laboratory experts examined this Finnish coin on May 17, 1957. They
immediately noted that it bore a great similarity to the Jefferson nickel
which the Brooklyn newsboy had discovered in 1953. Two separate coins
obviously had been used in making this "trick" 50 Markkaa piece. This also
was the case with the hollow nickel. And both coins had a small hole in
one printed letter so that a sharp-pointed instrument, such as a needle,
could be used to open them.
Although the FBI was convinced that it had finally identified the Soviet
espionage apparatus which was responsible for the hollow Jefferson nickel,
only one half of the mystery posed by this coin since its discovery in
June, 1953, had been solved. The coded message which the nickel contained
still had to be deciphered.
During the FBI's extensive interviews with him, in May, 1957, Hayhanen was
carefully questioned regarding the codes and cryptosystems which he had
used in the various Soviet intelligence agencies he had served since 1939.
The information which he provided was applied by FBI Laboratory experts to
the microphotograph from the Jefferson nickel.
With this data, the FBI Laboratory succeeded in breaking through the
curtain of mystery which surrounded the coded message. By June 3, 1957,
the full text of the microphotograph was known. The message apparently was
intended for Hayhanen and had been sent from the Soviet Union shortly
after his arrival in the United States. It read:
"1. WE CONGRATULATE YOU ON A SAFE ARRIVAL.
WE CONFIRM THE RECEIPT OF YOUR LETTER TO THE
ADDRESS 'V REPEAT V' AND THE READING OF
LETTER NUMBER 1."
"2. FOR ORGANIZATION OF COVER, WE GAVE INSTRUCTIONS TO TRANSMIT TO YOU
THREE THOUSAND IN LOCAL (CURRENCY). CONSULT WITH US PRIOR TO INVESTING IT
IN ANY KIND OF BUSINESS, ADVISING THE CHARACTER OF THIS BUSINESS."
"3. ACCORDING TO YOUR REQUEST, WE WILL TRANSMIT THE FORMULA FOR THE
PREPARATION OF SOFT FILM AND NEWS SEPARATELY, TOGETHER WITH (YOUR)
MOTHER'S LETTER."
"4. IT IS TOO EARLY TO SEND YOU THE GAMMAS.
ENCIPHER SHORT LETTERS, BUT THE LONGER ONES MAKE WITH INSERTIONS. ALL THE
DATA ABOUT YOURSELF, PLACE OF WORK, ADDRESS, ETC., MUST NOT BE TRANSMITTED
IN ONE CIPHER MESSAGE. TRANSMIT INSERTIONS SEPARATELY."
"5. THE PACKAGE WAS DELIVERED TO YOUR WIFE PERSONALLY. EVERYTHING IS ALL
RIGHT WITH THE FAMILY. WE WISH YOU SUCCESS. GREETINGS FROM THE COMRADES.
NUMBER 1, 3RD OF DECEMBER."
Other Soviet Agents
Although Hayhanen assisted the FBI in solving the mystery of the hollow
nickel, the information he furnished placed other critical challenges
before the Agents. "Mikhail," the Soviet with whom Hayhanen maintained
contact from the fall of 1952 until early 1954, was yet to be identified.
And, when "Mikhail" dropped from the scene in 1954, Hayhanen was turned
over to another Russian spy, one known only as "Mark". Hayhanen felt that
"Mark" undoubtedly was still actively engaged in espionage within the
United States! He also must be identified.
Hayhanen obtained the impression that "Mikhail" was a Soviet diplomatic
official -- possibly attached to the Embassy or the United Nations. He
described "Mikhail" as probably between 40 and 50 years old; medium build;
long, thin nose; dark hair; and about five feet nine inches tall. This
description was matched against the descriptions of Soviet representatives
who had been in the United States between 1952 and 1954. From the long
list of possible suspects, the most logical "candidate" appeared to be
Mikhail Nikolaevich Svirin.
Svirin had been in and out of the United States on several occasions
between 1939 and 1956. From the latter part of August, 1952, until April,
1954, he had served as the First Secretary to the Soviet United Nations
Delegation in New York.
On May 16, 1957, FBI Agents showed a group of photographs to Hayhanen. The
moment his eyes fell upon a picture of Mikhail Nikolaevich Svirin,
Hayhanen straightened up in his chair and announced, "That's the one.
There is absolutely no doubt about it. That's Mikhail.'"
Svirin was beyond reach of American justice. He had returned to the Soviet
Union in October, 1956.
The FBI's next task was to identify "Mark," the Soviet agent who had
succeeded "Mikhail" as Hayhanen's contact man. Hayhanen did not know where
"Mark" was residing or the name which "Mark" was using; however, he was
able to furnish many other details concerning him.
According to Hayhanen, "Mark" was a colonel in the KGB and had been
engaged in espionage work since approximately 1927. He had come to the
United States in 1948 or 1949, entering by illegally crossing the Canadian
border.
In keeping with instructions contained in a message he received from
Soviet officials, Hayhanen was met by "Mark" at a movie theater in
Flushing, Long Island, during the late summer of 1954. As identification
symbols, Hayhanen wore a blue and red striped tie and smoked a pipe.
After their "introduction" at this theater, Hayhanen and "Mark" held
frequent meetings in Prospect Park, on crowded streets, and in other
inconspicuous places in the area of Greater New York. They also made
several short trips together to Atlantic City, Philadelphia, Albany,
Greenwich, and other communities in the eastern part of the United States.
"Mark" also sent Hayhanen on trips alone. For example, in 1954, "Mark"
instructed him to locate an American Army sergeant, one formerly assigned
to the United States Embassy in Moscow. At the time he related this
information to FBI Agents in May, 1957, Hayhanen could not remember the
Army sergeant's name. "I do recall, however, that we used the code name
'Quebec' in referring to him and that he was recruited for Soviet
intelligence work while in Moscow."
(An intensive investigation was launched to identify and locate "Quebec."
It quickly produced results when, in examining a hollow piece of steel
from Hayhanen's home, the FBI Laboratory discovered a piece of microfilm
less than one-inch square. The microfilm bore a typewritten message which
identified "Quebec" as Army sergeant Roy Rhodes and stated the Soviet
agents had recruited him in January, 1952. Full information concerning
Rhodes' involvement in Russian espionage was disseminated to the Army; and
following a court-martial, he was sentenced to serve five years at hard
labor.)
Hayhanen described "Mark" as about 50 years old or possibly older;
approximately five feet ten inches tall; thin gray hair; and medium build.
The unidentified Soviet agent was an accomplished photographer, and
Hayhanen recalled that on one occasion in 1955, "Mark" took him to a
storage room where he kept photo supplies on the fourth or fifth floor of
a building located near Clark and Fulton Streets in Brooklyn.
The search for this storage room led FBI Agents to a building at 252
Fulton Street. Among the tenants was one Emil R. Goldfus, a photographer
who had operated a studio on the fifth floor since January, 1954 -- and
who also had formerly rented a fifth-floor storage room there.
In April, 1957 (the same month Hayhanen boarded a ship for Europe under
instructions to return to Moscow), Goldfus had told a few persons in the
Fulton Street building that he was going South on a seven-week vacation.
"It's doctor's orders," he explained. "I have a sinus condition."
Goldfus disappeared about April 26, 1957. Less than three weeks later, FBI
Agents arrived at 252 Fulton Street in pursuit of the mysterious "Mark."
Since Goldfus appeared to answer the description of Hayhanen's espionage
superior, surveillance was established near his photo studio.
On May 28, 1957, Agents observed a man resembling "Mark" on a bench in a
park directly opposite the entrance to 252 Fulton Street. This man
occasionally walked about the park; he appeared to be nervous; and he
created the impression that he was looking for someone -- possibly
attempting to determine any unusual activity in the neighborhood. At 6:50
p.m., this man departed on foot -- the Agents, certain their presence had
not been detected, chose to wait rather than take a chance of trailing the
wrong man. "If that's 'Mark,' he'll return," they correctly surmised.
While the surveillance continued at 252 Fulton Street, other FBI Agents
made daily checks on the "dead drops" which Hayhanen stated he and "Mark"
had used. The Agents' long hours of patience were rewarded on the night of
June 13, 1957. At 10:00 p.m., they saw the lights go on in Goldfus'
studio, and a man was observed moving in the room.
The lights went out at 11:52 p.m., and a man who appeared to generally fit
the description of "Mark" stepped into the darkness outside the building.
This man was followed down Fulton Street to a nearby subway station.
Moments later, FBI Agents saw him take a subway to 28th Street, and they
stood by unnoticed as he emerged from the subway and walked to the Hotel
Latham on East 28th Street.
On June 15, a photograph of Goldgus which the FBI took with a hidden
camera was shown to Hayhanen. "You've found him," the former Soviet Agent
exclaimed. "That's 'Mark.'"
Goldfus--registered at the Hotel Latham under the name of Martin Collins--
was kept under surveillance from the night of June 13 until the morning of
June 21, 1957. During this period, FBI Agents discreetly tied together the
loose ends of the investigation, matters which had to be resolved before
this Russian intelligence officer could be taken into custody.
Arrested by the Immigration and Naturalization Service on an alien warrant
based upon his illegal entry into the United States and failure to
register as an alien, "Mark" displayed a defiant attitude. He refused to
cooperate at all.
Following his arrest, "Mark" was found to possess many false papers,
including two American birth certificates. The first showed that he was
Emil R. Goldfus, born August 2, 1902, in New York City. According to the
second one, he was Martin Collins, born June 2, 1897, also in New York.
Investigation was to establish that the Emil Goldfus whose birth
certificate "Mark" displayed had died in infancy. The certificate in the
name of Collins was a forgery.
During his career as a soviet spy, "Mark" also had used many other names
in addition to the ones cited above. For example, during the fall of 1948,
while en route to the United States from the Soviet Union, he had adopted
the identity of Andrew Kayotis. The real Andrew Kayotis, believed to have
died in a Lithuanian hospital, was born in Lithuania on October 10, 1895.
He had arrived in the United States in October, 1916, and became a
naturalized American citizen at Grand Rapids, Michigan, on December 30,
1930.
On July 15, 1947, Andrew Kayotis, then residing in Detroit, was issued a
passport so that he could visit relatives in Europe. Investigation in
Detroit disclosed that several persons there considered Kayotis to be in
poor physical condition at the time of his departure from the United
States. Letters subsequently received from him indicated that he was in a
Lithuanian hospital. When Kayotis' friends in Michigan heard no more from
him, they assumed that he had passed away.
Nearly 10 years later, "Mark" was to admit that he had used Kayotis'
passport during the fall of 1948 in booking passage aboard an ocean liner
from LeHavre, France, to Canada. On November 14, 1948, he disembarked from
the ship at Quebec -- and quickly dropped out of sight.
"Mark" made another admission -- that he was a Russian citizen, Rudolf
Ivanovich Abel, born July 2, 1902, in the Soviet Union. Although he
refused to discuss his intelligence activities, the photo studio and hotel
room which he occupied were virtual museums of modern espionage equipment.
They contained shortwave radios, cipher pads, cameras and film for
producing microdots, a hollow shaving brush, cuff links, and numerous
other "trick" containers.
Indicted as a Russian spy, Colonel Abel was tried in Federal court at New
York City during October, 1957. Among the government witnesses to testify
against him was his former trusted espionage assistant, Lieutenant Colonel
Reino Hayhanen.
On October 25, 1957, the jury announced its verdict -- Abel was guilty of
all counts. He appeared before Judge Mortimer W. Byers on November 15,
1957, and was sentenced as follows (the three sentences to be served
concurrently):
Count One (Conspiracy to transmit defense information to the Soviet
Union), 30 years' imprisonment.
Count Two (Conspiracy to obtain defense information), 10 years'
imprisonment and $2,000 fine.
Count Three (Conspiracy to act in the United States as an agent of a
foreign government without notification to the Secretary of State), 5
years' imprisonment and $1,000 fine.
Colonel Abel appealed his convictions, claiming that rights guaranteed to
him under the Constitution and laws of the United States had been
violated. By a five-to-four decision which was handed down on March 28,
1960, the Supreme Court upheld the conviction of this Russian spy.
An investigation which had started with a newsboy's hollow nickel
ultimately resulted in the smashing of a Soviet spy ring. On February 10,
1962, Rudolf Invanovich Abel was exchanged for the American U-2 pilot,
Francis Gary Powers, who was a prisoner of the Soviet Union.
35 Of The FBI's Most Famous Closed Cases - End of Chapters 20-27
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