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Al Capone, Eliot Ness, and Cleveland’s Torso Murderer

Al Capone, Eliot Ness, and Cleveland’s Torso Murderer

Released Friday, 23rd June 2023
 2 people rated this episode
Al Capone, Eliot Ness, and Cleveland’s Torso Murderer

Al Capone, Eliot Ness, and Cleveland’s Torso Murderer

Al Capone, Eliot Ness, and Cleveland’s Torso Murderer

Al Capone, Eliot Ness, and Cleveland’s Torso Murderer

Friday, 23rd June 2023
 2 people rated this episode
Rate Episode

Episode Transcript

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1:58

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slash plus. We can't

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wait for you to join.

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Now here's the show.

2:30

This episode contains descriptions of

2:32

violence. Please use discretion.

2:38

I was on a sleepover at

2:40

a summer camp, and

2:42

we're roasting s'mores around

2:44

a campfire. Author Daniel

2:46

Stashour. And the counselor

2:49

thought it would be a terrific

2:52

idea to tell this group

2:54

of young kids the story

2:56

of a horrible series of gruesome

2:59

crimes

3:00

where the killer had never been caught

3:03

that took place in the woods very close to

3:05

where we were. And I remember

3:08

while hearing this story unfold, we

3:11

had to stop him to get him

3:13

to explain what the word decapitation

3:15

meant. And he repeated

3:18

the phrase many times, and

3:20

the killer is still out there.

3:25

We're eight or nine years old. I don't think anybody at all

3:27

slept at all that night, but

3:30

that was the first time I'd heard the

3:32

story of the Kingsbury Run murders.

3:36

I mean,

3:36

you know, most kids make up

3:38

scary stories to for

3:41

each other around a campfire. But this one, this

3:44

is like a, this is a real story. This is a

3:46

real nightmare that happened.

3:48

It is. It's a true story. And

3:51

it played out at the height

3:53

of the Great Depression in Cleveland in

3:56

the 1930s.

3:58

Just before 8am, On September 5,

4:02

1934, a man named Frank Lagasse was

4:05

out collecting driftwood near Cleveland's

4:08

Euclid Beach Amusement Park.

4:10

Euclid Beach is on Lake Erie, and

4:12

its amusement park was modeled on Coney Island.

4:16

The park's slogan was, Nothing

4:18

to depress or demoralize. Frank

4:22

Lagasse would apparently go out collecting driftwood

4:24

most mornings before he went to work.

4:27

But on this morning, he saw something he

4:29

didn't understand.

4:31

He steps a bit closer,

4:34

and it turns out to be

4:37

parts of a human

4:40

torso

4:41

that are washed up and partially

4:43

buried on the beach. It

4:46

was the lower half of a woman's body.

4:48

The legs had been cut off at the knees.

4:52

He ran to a nearby house to call the police,

4:55

and when the body was transported to the county morgue,

4:58

the coroner thought the woman had died six

5:01

to eight months earlier, but had only

5:03

been in the water for a short time. The

5:07

woman's skin appeared to have been treated

5:10

with some kind of chemical, but

5:12

the coroner didn't know what the chemical was

5:14

or why, and

5:17

determining the woman's identity seemed

5:19

nearly impossible. What

5:21

they did notice was that

5:23

there appeared to be a kind of surgical

5:25

precision that had been practiced

5:28

by the killer, presumably by the

5:30

killer, while dismembering the body.

5:34

The coroner said that he seemed

5:36

able to navigate

5:39

the difficult joints and ligatures as they

5:41

were approached, and this led investigators

5:44

to conclude that he must

5:47

have some kind of experience, perhaps

5:49

medical training, maybe he

5:51

was a surgeon of some kind, or a butcher,

5:55

but it seemed that he knew

5:57

what he was doing.

5:59

touched off a massive

6:02

search for the

6:05

remaining body parts. They

6:07

even employed the Boy Scouts,

6:10

if you can imagine such a thing, to help

6:12

in the search for body parts.

6:15

The next morning, a handyman

6:17

named Joseph Hadock read about the

6:19

discovery of the woman's body in the newspaper.

6:22

He couldn't believe it. Two

6:25

weeks earlier, he'd found what

6:27

looked like the upper part of a human torso

6:30

on a beach outside of the city.

6:32

There is a dead seagull next to it. Joseph

6:36

Hadock had called the sheriff,

6:38

and the sheriff dismissed it as part

6:41

of an animal. He told Joseph

6:43

Hadock to bury it in the sand.

6:47

When he saw the newspaper story about the woman,

6:49

he called the police again and took them

6:51

to the place where he'd buried the remains.

6:54

When they were analyzed by the coroner, they

6:57

were determined to be remains of the

6:59

same woman. That

7:02

same week, a teenager was swimming

7:04

in Lake Erie and reportedly

7:06

saw a human hand under the water.

7:09

She told her father it looked like it was

7:11

waving at her.

7:13

She wanted him to come and see, and he

7:16

did, later telling police, quote,

7:19

I'm sure it was a human hand.

7:22

But the detectives couldn't find anything.

7:25

Pieces of body parts were turning

7:28

up, were being gathered for several days afterwards,

7:30

which must have been just as horrifying

7:33

as you can imagine.

7:35

And the police were stymied. They

7:37

just didn't know how to

7:39

move forward. A reporter

7:42

asked a detective if it was a perfect

7:44

crime, and the police officer

7:46

said no.

7:48

But it was, quote, so

7:50

close to being perfect that we don't

7:53

know what to do next. I'm

7:56

Phoebe Judge. This is Criminal. One

8:03

year later, in September of 1935, two boys, 12 and 16,

8:05

were out throwing a ball.

8:16

The ball sails wide. It

8:18

rolls down a hill, a very steep incline

8:21

called Jackass Hill, and

8:23

they race each other to the bottom. And

8:26

the older boy gets there first. And

8:28

when he gets to the bottom, he spies something

8:32

poking out from the brush at

8:34

the bottom of the hill. And he turns around and

8:36

he says to his friend, turn around,

8:39

don't come any closer. There's a man

8:41

without a head down here.

8:43

The police got there very quickly. And

8:47

it turned out there were two

8:49

bodies, two sets of remains,

8:53

both decapitated. Police

8:56

were able to identify one of the men. They

8:59

referred to him as a police character. Meaning

9:02

he was known to law enforcement.

9:04

He'd been in trouble with the law. But

9:06

the police naturally thought, well, we're

9:08

on our way. We've identified

9:11

this guy. We will be able to

9:13

work backwards, find out what

9:16

happened here.

9:17

And they worked very, very hard,

9:20

but got nowhere.

9:22

About four months later, in January 1936,

9:26

the owner of a meat market walked out

9:28

of the back of his shop

9:30

and saw what he said he thought was a

9:32

wrapped ham in the snow.

9:35

He unwrapped it to find a human arm wrapped

9:38

in newspaper.

9:40

He called the police, who came

9:42

and unwrapped even more body parts in

9:45

the snow behind the shop. So

9:49

was there a sense that he was trying to

9:52

make some sort of dramatic... Whoever

9:54

was doing this, the person that was committing these

9:56

crimes, was trying to make some sort of dramatic reveal

9:59

for those that...

9:59

that were finding these body parts. I

10:02

mean, he wasn't burying these bodies

10:04

so that they would never be found ever.

10:07

No, and that was a

10:09

big part of the frustration of this

10:11

case. Why was he

10:15

leaving these parts? It appeared, deliberately

10:18

leaving them in places where they were

10:21

likely to be found. Was he taunting

10:24

the police? Was that, was

10:26

there some element of gratification

10:28

in that, that

10:31

he found he needed people to

10:33

know what it was he was doing?

10:36

It was a very,

10:37

very strange

10:39

series of events. The

10:41

coroner in Cleveland assembled something

10:44

he called the torso clinic. It

10:47

was made up of about 30 people, including

10:50

anatomy professors, doctors,

10:52

police, and a psychiatrist.

10:55

They brought together these experts

10:57

in the hope that if they

11:00

got these varied opinions together in one room,

11:03

they would come up with a way

11:06

of moving forward. But they

11:08

recognized at the time that

11:10

they had drifted into really

11:13

uncharted territories and that it would

11:15

take a truly original

11:18

and heroic effort to get to the bottom

11:20

of this thing.

11:22

One of the members of the so-called torso

11:24

clinic was the city's brand

11:26

new safety director, a

11:28

young man named Elliot Ness, who'd

11:31

moved to Cleveland after living in Chicago,

11:33

where he'd made a name for himself

11:37

as the guy who'd brought down Al Capone.

11:44

We'll be right back.

11:57

Elliot Ness started his career running credit. checks

12:01

and then got a job with the U.S. Treasury Department's

12:04

Prohibition Bureau. They

12:06

had a big problem, Al Capone.

12:10

In June of 1931, the Chicago

12:12

Tribune reported on the quote sensational

12:15

rise of Al Capone on a tidal

12:17

wave of beer ministering to

12:20

a $20 million a year thirst.

12:23

He had a $50,000

12:25

pinky ring. He rode around town in

12:27

an armor-plated Cadillac. He

12:30

passed out diamond-studded

12:32

belt buckles to his friends. And

12:35

supposedly he once said, you

12:37

can get a lot farther with a smile and a gun

12:39

than you can with just a smile. And

12:43

it seemed that

12:46

nothing could be done about it. By some

12:48

estimates, the Chicago bootlegging machine,

12:50

at the height of the Prohibition years, had

12:53

set aside $1 million each month,

12:55

that's each month, to grease

12:58

the palms of crooked officials.

13:00

In November of 1930,

13:03

Al Capone rented a storefront and

13:05

put up a banner that read, Free

13:07

Soup, Coffee and Donuts for the Unemployed.

13:11

His soup kitchen became the largest in

13:13

the city, serving three meals a day.

13:16

Second helpings were allowed. No

13:19

questions were ever asked.

13:21

On Thanksgiving of 1930, his

13:24

soup kitchen reportedly served dinner

13:26

to 5,000 people in Chicago.

13:30

An unnamed source identified as a Capone

13:32

associate told the Associated Press

13:35

he couldn't stand it to see those poor devils

13:38

starving, and nobody else seemed

13:40

to be doing so much, so the big boy

13:42

decided to do it himself.

13:45

People called him Good-hearted Al.

13:47

Elliot

13:50

Ness, as a young Prohibition agent,

13:52

assembled a team and planned raids

13:55

to uncover Al Capone's hidden breweries

13:58

around the city

13:59

and arrest them. the men working them, sometimes

14:02

called Alki Cookers. How

14:06

was Al Capone? What

14:08

did he do to make all this beer, to make

14:10

this happen? It was very

14:13

clever. And

14:16

Ness himself admired Capone's

14:19

business sense, his cleverness in

14:22

setting up this network

14:25

of illicit breweries

14:27

that pumped out beer. And they

14:31

either paid off officials to look

14:33

the other way, or had

14:35

a series of moves in place that allowed

14:37

them to move their operations from place

14:39

to place, always staying just a step ahead

14:42

of investigators. So

14:44

it was a real

14:47

challenge just to find these breweries,

14:51

much less to shut them down.

14:54

Ness in particular tried

14:57

to bring diligence and integrity

15:00

to the Prohibition Bureau, which was

15:03

generally thought to have been incompetent

15:05

or corrupt. And Ness, for Ness,

15:08

it was more than just about

15:11

prohibition. He understood

15:13

that

15:15

prohibition had allowed

15:17

more serious forms of crime to flourish,

15:20

because so many police and politicians were

15:23

on the take. This was

15:25

a theme that he returned to again

15:27

and again throughout his career, that prohibition

15:30

had put power into the hands

15:32

of the mob.

15:34

And a lot has been written about

15:36

the failures of prohibition. Congressman

15:39

at the time basically

15:41

said it was just all a ghastly farce. One

15:44

official said that enforcing

15:47

the law was like trying to dry up

15:49

the Atlantic Ocean with a blotter.

15:51

But it was Ness's job, and he

15:54

was determined to do it.

15:57

But before he could raid an Al Capone brewery,

17:59

there was a doorway in it. They

18:02

popped through that and managed

18:05

to scoop up the brewmaster

18:08

and quite a few of his accomplices. It

18:10

was the first time, Ness said, that

18:13

prisoners had been taken in a Capone

18:15

brewery raid.

18:18

Did Capone do

18:21

anything? Did he try to buy

18:24

off Elliot Ness?

18:25

Oh, yeah. I mean, that was...

18:29

That had been the business model. Capone was great

18:32

at buying people off. And

18:36

Ness told this one story

18:38

about some of Capone's men driving

18:41

by, some of his men, basically throwing

18:43

a big wad of cash at them. And

18:46

the men picked it up and threw it back,

18:48

which made Ness very, very

18:51

proud indeed. And when

18:53

they found that they couldn't buy off

18:55

these men, these supposedly

18:57

untouchable men, there

19:00

were threats, but those didn't work

19:03

either.

19:03

Untouchable meaning what? Untouchable

19:06

meaning they couldn't be touched by bribes.

19:11

They conducted more raids in the first half

19:13

of 1931, and Elliot

19:15

Ness said they found and seized 25 breweries.

19:20

Did Elliot Ness make a dent

19:22

on Al Capone's business? At

19:25

one time, newspapers were saying that Ness

19:28

had so dried up Capone's

19:30

network that it was

19:32

costing him millions of dollars. Ness

19:36

understood

19:37

his role as part of

19:40

a larger effort to bring down

19:42

Capone. In

19:44

June of 1931, Al Capone was charged with 23 counts

19:49

of income tax evasion.

19:51

A week after that, he was charged

19:53

with prohibition violations. Elliot

19:57

Ness describes it as 5,000 violations.

19:59

of the liquor law.

20:02

He told a reporter, we

20:04

did our part, but the real

20:07

work of sending Capone to prison was

20:09

done by the tax investigators. Our

20:12

job was more spectacular. That

20:14

was all. But let's face

20:16

it. You've got a story here where

20:20

Capone may or may not be sent to prison

20:23

based on a strict interpretation of

20:25

tax law

20:27

on information gathered by a

20:29

roomful of accountants.

20:32

And at the center of it, there's this

20:34

handsome young prohibition

20:36

agent driving a truck

20:38

through the doors of breweries.

20:41

That's the story that the reporters latched

20:43

onto. And let's face it, which movie

20:45

would you rather see?

20:48

What happened to Al Capone? Well,

20:51

it was a long and a

20:53

spectacular trial,

20:55

at the end of which Capone

20:58

was actually convicted of

21:00

tax evasions and

21:02

sent to prison. But

21:05

something that, an aspect of

21:07

this story that doesn't

21:09

often get told is even after that conviction,

21:12

for a while, Ness and

21:14

the prohibition team kept working

21:17

on the assumption that

21:20

Capone would do his time, get out, and

21:22

as Capone himself said, the

21:25

organization would kind of hold together while

21:27

I was away. And there was this

21:30

thinking that Capone would get out of prison and

21:32

just sort of pick up where he'd left off. So

21:34

it was very important

21:36

to Ness and to others that

21:38

the conspiracy case be kept current

21:41

so that additional

21:43

charges could be brought to bear. That

21:45

never happened, as it turned out, because very

21:47

quickly, after Capone

21:50

arrived in prison, it was

21:53

discovered that

21:55

he was already in the advanced stages of

21:57

syphilis.

21:59

Although he did

22:02

eventually get out of prison, he was never the same man

22:04

and never took power again.

22:08

In June of 1931, the New

22:10

York Times wrote that the untouchables, quote,

22:13

impervious to threats of death and bribes,

22:16

have accomplished their

22:17

mission. The

22:19

peace ends, the untouchables

22:22

are waiting for further orders. I

22:25

mean, the press about Eliot Ness was really

22:27

over the top, one paper said no

22:30

soldier on the battlefield ever performed

22:32

more heroic work than

22:35

has Eliot Ness.

22:36

Yes, and

22:38

he's going to have a real struggle to

22:41

live up to his own reputation, to

22:43

fill his own shoes.

22:46

By the end of 1933, prohibition was over. Al

22:51

Capone was in prison. Eliot

22:54

Ness reportedly said to a colleague,

22:57

did you ever think you wanted something more

22:59

than anything else in the world?

23:01

And then, after you got it, it

23:04

wasn't half as good as you expected. Has

23:07

that ever happened to you? At 31,

23:11

Eliot Ness moved to Cleveland. He

23:14

landed a job as the director

23:17

of public safety. And

23:19

this is a position

23:21

that put him in charge of the entire

23:23

police department

23:25

and the fire department and

23:27

a whole lot more. It was a big, big

23:30

promotion, so big, in

23:33

fact, that a lot of people assumed

23:35

he would fall flat on his face.

23:38

In Chicago, he'd been in charge of a

23:40

handful of guys.

23:41

And now, he's running

23:43

a department of thousands of city

23:46

employees in one of America's biggest

23:48

cities. And what's more, he's the youngest

23:51

person ever to hold the position.

23:54

He moved to Cleveland right around

23:56

the time people started finding body

23:58

parts, all over. the city. We'll

24:02

be right back.

24:18

Elliott Ness was sworn in as the safety director

24:21

in Cleveland in December of 1935, less than

24:25

three months after the two boys

24:27

found a body with no head at the bottom of Jackass

24:30

Hill,

24:31

and more than a year after the man collecting

24:33

driftwood had found a woman's torso

24:35

near Euclid Beach Amusement Park.

24:38

He was the director of public safety.

24:41

He was at the top of the pyramid.

24:44

The police chief reported to him, nobody

24:48

expects a director of public

24:50

safety to solve a murder any

24:52

more than they expect him to walk a beat or

24:54

rescue cats stranded in trees,

24:58

except when it's Elliott

25:00

Ness. People did

25:02

expect action from Elliott Ness. They

25:04

expected heroics. Ness

25:07

had made a point of saying that he would lead

25:09

from the front lines.

25:12

One month into the job, he told a

25:14

reporter he'd use the same

25:16

tactics we used against Capone. He

25:19

went on to say, quote, all crime

25:21

is alike.

25:23

And then more body parts appeared.

25:27

Two

25:27

kids found a man's head under

25:30

a willow tree when they skipped school to

25:32

go fishing. More

25:34

than a month later, a teenager was walking

25:37

on a path through the woods and came across

25:39

a body without a head. Police

25:42

later found the head nearby. And

25:45

then that September, a man was about

25:47

to hop onto a moving train when

25:50

he looked down into a creek and

25:52

saw a torso.

25:54

The mayor told Elliott Ness

25:56

to take this whole thing over personally.

25:58

Yes, the

25:59

The mayor dropped it on his desk. This

26:03

was at a time when the city of Cleveland

26:05

was struggling mightily

26:08

to shake off the lingering effects of

26:10

the Great Depression. And

26:13

the mayor, a man named Harold Burton, had

26:15

put together this series of events

26:18

to

26:21

broadcast to put forward the notion that

26:23

Cleveland was a place to do business. All

26:25

roads led to Cleveland. It was a place

26:27

where there should be business conventions and

26:32

all the railroads converged and they

26:34

were building a spectacular skyscraper

26:38

to anchor the whole effort. And

26:42

at the margins of this, there's this

26:44

uncaught serial killer. It didn't look

26:46

good for the city's image. The

26:49

mayor was concerned and he

26:51

put Ness directly on it. So

26:54

Ness put together a team in

26:56

the mold of the Untouchables

26:57

and they worked outside the system

27:00

and under the radar trying to get information

27:03

off the criminal grapevine.

27:05

And he said very little publicly,

27:07

but there was one notable statement. He said,

27:09

I'm going to do all I can to

27:12

aid in the investigation.

27:14

I want to see this psycho

27:17

caught.

27:19

In February of 1937, a man

27:21

found another

27:22

torso almost in the same place

27:25

where the first had been found in 1934 near

27:28

Euclid Beach Amusement Park.

27:31

A head with gold teeth was found

27:33

that June.

27:35

In March of 1938, a dog

27:37

came running out of some woods about 60 miles

27:40

outside of Cleveland in Sandusky

27:43

with a human leg in its mouth.

27:45

The coroner said,

27:47

from the appearance of the bone, it looks

27:49

like a professional job.

27:51

And I'm sure a surgeon's soul was used. It

27:56

puts the investigators onto

27:58

a suspect that... that

28:00

hadn't gotten any serious scrutiny before.

28:05

From the beginning, investigators

28:07

had believed that the killer

28:09

must have knowledge and training

28:11

that allowed for the surgical precision

28:14

of the dismemberments performed on the

28:16

victims, a doctor or a butcher,

28:18

that was the theory. And

28:21

this

28:24

severed limb that was discovered near Sandusky,

28:26

Ohio,

28:28

put them on the trail of

28:30

a particular suspect.

28:32

They called him Dr. X.

28:35

His real name was Frank Sweeney.

28:37

He was a doctor who had fallen

28:40

on hard times and had a

28:42

substance abuse problem. He

28:44

checked a lot of boxes. Ness's

28:47

team started tailing Dr. X. And

28:51

apparently the

28:52

suspect took a perverse pleasure

28:54

in it, like a form of hide and seek.

28:57

There are stories that he even called

28:59

police headquarters to taunt

29:01

them

29:02

on the poor quality of the surveillance effort.

29:04

He'd say something to the effect of, wow,

29:06

that guy who had tailing me wasn't very good.

29:09

If he wants to try again, I'll be in such

29:11

and such a department store tomorrow afternoon.

29:14

Well, at one stage, Ness

29:17

and his men scooped this guy up and

29:19

grilled him for a very long time in

29:22

a hotel suite.

29:23

The details are sketchy and contradictory,

29:27

but one of Ness's colleagues said that the interrogation

29:30

went on for a week or

29:32

possibly two in eight

29:34

hour stretches, but

29:36

the suspect never cracked and

29:39

Ness finally had to let him go.

29:42

Three months later, a woman's torso

29:45

was found at the dump.

29:48

As police searched the area, people

29:50

came to watch. One

29:52

man saw the investigation on his way home

29:54

from work and decided to go back

29:56

to the dump later that evening and bring

29:58

his wife and a friend.

30:01

And when he did,

30:02

he stumbled onto the remains of a man. Civilians

30:07

offered to try to help police officers make

30:09

sure there weren't more bodies in the dump. And

30:12

the police accepted help from about 100

30:14

volunteers. Daniel

30:17

Stashauer says they were called torso

30:19

detectives.

30:21

One newspaper characterized the

30:23

uncaught serial killer as Cleveland's

30:26

shame. For

30:29

a time, Ness was seen

30:31

to be doing all he could to

30:34

run the killer to ground. But it was natural that over time,

30:36

no matter what he was doing behind the scenes,

30:40

and he wasn't talking about it very

30:42

much, about what he was doing behind the scenes, the

30:45

press began to turn. They began

30:48

to wonder, why

30:50

is this killer still out

30:51

there? Two days

30:53

after the search, Eliot Ness

30:56

organized a raid on a part of town where a

30:58

lot of people had built shelters. By

31:01

some accounts, because he believed that

31:03

the murderer was targeting the city's

31:05

poorest men and women. And

31:07

by some accounts, so he could search the shelters

31:10

for knives or other evidence.

31:13

At least 60 men were arrested.

31:16

And then Eliot Ness ordered the fire chief

31:19

to soak the entire area in coal oil

31:22

and light it on fire.

31:25

An editorial in the Cleveland Press

31:27

on August 19, 1938 read,

31:31

Safety Director Eliot Ness's raid

31:34

upon the packing box homes

31:36

may contribute something to the capture of

31:38

the torso killer.

31:40

We doubt it.

31:43

Many of the men arrested were charged with

31:45

vagrancy and sentenced to workhouses.

31:49

One week later, Frank Sweeney, Dr. X,

31:53

had himself admitted to a veteran's facility

31:56

called the Soldiers and Sailors' Home.

31:59

that when Sweeney checked

32:02

himself into this veteran's home,

32:05

he had placed himself beyond the

32:07

reach of law, that it was the equivalent of getting

32:09

himself locked up in an

32:11

asylum where the law couldn't

32:13

touch him. That wasn't strictly

32:16

the case. He could

32:18

come and go almost at will,

32:20

and

32:22

Ness arranged to have him followed when

32:24

he did. But

32:27

the killings appeared to have stopped

32:30

at that point. And

32:33

although the investigation

32:36

continued

32:38

and Sweeney remained under surveillance,

32:41

by 1938, the

32:44

killings appeared to have come to an end.

32:48

By this point,

32:49

Eliot Ness's wife had left him.

32:52

He also seemed to be

32:54

blowing off steam in a way

32:56

that began to draw

32:59

attention. And it's

33:01

an unhappy irony that

33:04

the most famous prohibition agent

33:06

of all time

33:08

had some real momentum with alcohol.

33:11

And this problem began to get worse

33:14

over time. There were nightclubs

33:17

and hotels that reserved

33:19

tables for his exclusive use.

33:23

And at least one friend insisted that

33:26

he wasn't a heavy drinker, but that he could keep

33:28

at it for long periods without

33:30

giving any appearance of being swacked.

33:33

Well, I don't know if that was true or not, but he

33:36

appeared to be swacked much of the time and

33:38

people were beginning to notice.

33:41

Around 5 a.m., one morning in 1942, when

33:43

he was 38, he

33:46

was driving home from a bar called the Vogue Room

33:49

and got into an accident.

33:51

His car slips

33:53

on an icy patch, slams into another

33:55

one, and a

33:58

gentleman is hurt.

33:59

has to be taken to the hospital, and

34:02

the details are a little sketchy

34:04

and a little confused, but there

34:07

was some criticism that Ness

34:09

did not identify himself and

34:12

left the scene before police

34:15

arrived. And it

34:18

seemed that the time had come to

34:20

step down from the post of

34:23

safety director.

34:25

He tried to make something work for himself in

34:27

the private sector. But it turned

34:30

out Ness didn't have much of a head for

34:32

business. Still,

34:35

he worked very hard at it, but

34:38

without a great deal of

34:40

success. An editor

34:43

at Cleveland's Plain Dealer said

34:45

that Eliot Ness had peaked too

34:47

young. A friend said,

34:50

quote, he simply ran out of gas.

34:53

At one point, he got a job at a bookstore.

34:57

And then one day, he was at a bar with

34:59

a friend in New York.

35:01

His friend had invited a writer named Oscar

35:03

Fraley to join them. So

35:06

the two friends are just catching

35:08

up while Ness sits at the bar

35:11

drinking. And after

35:14

a while, when Ness's friend

35:17

is kind of talked out, he turns to Fraley

35:19

and he says, you know,

35:21

you ought to talk to this guy. This

35:24

is the guy who took down Al Capone.

35:26

He says, it was very dangerous. He's

35:28

got stories to tell. Fraley

35:31

sort of looks at Ness and in Fraley's words,

35:33

he says, you know, he couldn't believe this mild mannered

35:36

guy had anything to do with it. Ness

35:39

looks back at him and says, it was

35:41

dangerous.

35:43

And for whatever reason, Ness

35:45

just starts talking

35:47

and they talk through the night.

35:48

And Ness is telling stories of Chicago

35:51

and the Untouchables and Capone

35:53

and Fraley is mesmerized. And

35:55

when it's all over, Fraley says,

35:58

you know, you should write a book. book. And

36:02

one thing leads to another, and

36:04

they collaborate on the

36:07

book

36:07

that became The Untouchables.

36:12

Ness did not live to see The

36:14

Untouchables published. He died

36:16

in 1957 of a heart attack

36:18

at the age of 55,

36:20

and the book appeared a few months

36:22

later.

36:24

The book was adapted into a TV show in 1959.

36:26

It ran for four

36:28

seasons.

36:30

And then it was made into a movie, with

36:32

Kevin Costner playing Eliot Ness

36:35

and Robert De Niro playing Al Capone.

36:39

He

36:40

died hoping that the book would be a success,

36:43

but believing himself to be a forgotten

36:45

figure.

36:51

Do you think Frank Sweeney was the torso

36:53

murder? For my purposes,

36:56

it's enough that Eliot

36:58

Ness believed it. I

37:00

could argue this case up or down.

37:04

Frank Sweeney was definitely not

37:06

a good guy. And in

37:09

Ness's papers in Cleveland, there

37:12

are taunting postcards that

37:14

Sweeney sent to Ness over

37:17

the course of years. Ness

37:20

had clearly gotten under Sweeney's skin in

37:22

a big way, and he wrote him these

37:24

postcards that are

37:27

very hard to understand. They're full

37:29

of bizarre references, and they're

37:32

strange underlinings and attempts at

37:35

humor. And

37:37

Sweeney walks right up to the edge of

37:39

saying something that appears to implicate

37:42

himself, but he never crosses over. There

37:44

was nothing there that rises to the level of

37:47

a confession. It's possible

37:50

that Sweeney just

37:52

bitterly resented what

37:54

Ness had put him through. But

37:57

do I think he did it?

37:59

Yeah. I do.

38:14

Learn more about Elliot Ness in Daniel

38:16

Stashower's book American

38:19

Demon, Elliot Ness and the Hunt for

38:21

America's Jack the Ripper. We'll have

38:23

a link in the show notes.

38:25

Criminal is created by Lauren Sporre

38:28

and me. Nadia Wilson is our senior

38:30

producer. Katie Bishop is our supervising

38:32

producer. Our producers are

38:34

Susanna Robertson, Jackie Sajico, Lily

38:37

Clark, Lena Sillison and Megan Kinane.

38:40

Our technical director is Rob Byers. Veronica

38:43

Simonetti mixed this episode. Engineering

38:46

by Ross Henry.

38:48

Julian Alexander makes original illustrations

38:50

for each episode of Criminal. You can see

38:53

them at this is criminal dot com. We're

38:56

on Facebook and Twitter at Criminal Show and

38:58

Instagram at criminal underscore podcast.

39:01

We're also on YouTube at YouTube dot com

39:03

slash criminal podcast.

39:06

Criminal is recorded in the studios of North Carolina

39:08

Public Radio WNC. We're

39:11

part of the Vox Media podcast network.

39:14

Discover more great shows at podcast

39:16

dot Vox media dot com. I'm

39:19

Phoebe Judge. This is Criminal. All

39:38

right, so I'm going to press record. This

39:41

guy here.

39:46

Hello, hello. OK,

39:49

so Russ, she sounds

39:51

good. OK. And

39:53

we're recording. OK. Lauren,

39:57

how how long have you wanted to be the host of a

39:59

true crime? You're already

40:04

laughing. How does that microphone

40:06

feel? I prefer

40:09

to be over there in the windowless dark

40:11

control room where I've been for the last 10 years.

40:15

Lauren, welcome

40:17

to Criminal Plus.

40:21

Do you want to introduce yourself? I'm Lauren Spore,

40:23

the co-creator of Criminal

40:25

Podcast. And this is

40:27

Love Podcast. And Phoebe Reads a Mystery? I

40:30

am the co-creator of Phoebe Reads a Mystery. One might say

40:32

I'm the whole creator of Phoebe Reads a Mystery. I

40:35

think it was that one was my idea. Solo.

40:39

You and I have been making these shows

40:41

for a really long time

40:44

now, almost 10 years.

40:45

We have 200

40:47

episodes. How many episodes do we? Over 200.

40:52

All this time, you've had no interest

40:56

in ever being on the microphone.

40:59

That's not true. I've done like, I think there's, I've done like

41:01

four or five. Remember

41:03

I did that Raymond Chandler story? Very

41:05

early on. Mm-hmm. I did one

41:07

where I talked to my dad about an old

41:09

1960s Jacksonville case. Yeah, that

41:11

was a good episode.

41:13

Thank you. Do you think that there are

41:15

people where it's a very clear

41:17

divide, people who would be very happy

41:19

to be on the microphone and

41:21

people who would not? Do

41:24

you think you are either a person who likes

41:26

the mic or doesn't like the mic?

41:29

I think that you, isn't

41:31

that why you had a microphone tattoo? That

41:34

was one of the first jokes I ever told you that

41:36

I had a tattoo of a microphone.

41:39

And remember how long you believed me? Oh, why wouldn't

41:41

I? I

41:43

don't have any tattoos. I was remembering that

41:46

you, I was remembering your outfit the first

41:48

time I met you. Do you remember? So

41:50

I probably, this was 10

41:52

years ago. We

41:55

were both working at the

41:58

story with Dick Gordon, which was... was a

42:00

national public

42:03

radio show. We were both producers

42:06

and I had been away

42:08

for a while. And I don't

42:11

know what, I just had taken a break from

42:13

being a producer. And when

42:16

I came back, Lauren had begun working

42:18

as a producer. And for some

42:20

reason they put us in the same

42:23

little work area. We

42:26

had two desks, but it

42:28

was a very, it was a cubicle situation. And

42:31

I

42:32

didn't know who Lauren was. And I

42:34

was just really focused on pitching

42:37

really good stories. And

42:39

I think I was wearing a blue

42:41

jean jacket with holes

42:44

in the elbows probably. Shred,

42:46

just shredded. Shredded, but not

42:49

on purpose. I mean, out of, out of wear, not on,

42:51

it wasn't a fashion statement. And probably

42:54

a pair of Blundstones.

42:56

I think you might've been wearing square-toed

42:58

fry boots. Yeah. Well,

43:01

it was, what? And you were wearing about 65

43:04

silver bangle bracelets that

43:07

went all the way up to your elbow. If you could change one

43:09

thing about working with me over the past 10 years,

43:11

would it be my bracelets?

43:15

Oh my God.

43:20

That's a little bit of the first bonus episode

43:22

available to listeners who sign up for our new membership

43:25

program, Criminal Plus. Members

43:28

will also get to listen to Criminal without any ads,

43:31

as well as This Is Love and Phoebe Reads a Mystery.

43:34

Plus, you'll get access to an exclusive

43:36

merch store and virtual events.

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