1754: Eleanor Connor, rogue 1812: John Rickey but not Benjamin Jackson

1919: Not Joseph Cohen

December 10th, 2015 dogboy

This day in 1919 was the closest Joseph Cohen came to the electric chair in Sing Sing. His walk may have been 7 minutes, or possibly 11 minutes, away, but Cohen was not to die this day at the hands of the State of New York, nor at the hands of any state on any day. Instead, he would be gunned down 13 years later as a free man.

Cohen was a wealthy, influential poultry merchant in New York City, and he had a bone to pick with fellow poultryman Barnet Baff, also known as the “Poultry King”. Baff had repeatedly rebuffed other poultry merchants in their efforts to fix prices and charge an exorbitant per-truck fee for poultry handling. That was probably because Baff was making this kind of bonus cash by feeding starving chickens sand and gravel immediately before slaughter. His shady practice was great for sale and terrible for resale.

This did him no favors among other poulters of the city.

By 1913, Baff had become the target of the collective ire of several people in the poultry industry, including Cohen, Ippolito Greco, Tony Zaffarano, and Antonio Cardinale — and possibly still more rivals in the New York Live Poultry Dealers’ Association. That year, a cadre of poultry merchants took up a collection to either frighten or kill Baff.*

Initially, a bomb was placed at his home, allegedly only to “frighten” him. In August of the following year, with Baff insufficiently frightened, the group actively sought to kill their target. At least one attempt was foiled, but on November 24, Baff was gunned down at the West Washington Market in Harlem.**

(c.f. this book for information.)

The murder nearly ended in a trio of executions and several long prison sentences. Instead, it cost just two men modest prison terms and uncovered the sordid underbelly of New York poultry sales.

Details about what actually happened are muddled significantly by various parties coaching witnesses in testimony.† As the story unfolded in the press, several investigators were accused of trying to push blame from Italians to Jews. Ultimately, the New York Attorney General managed to build up a case against several major players in the New York poultry scene and the then-lightweight New York mob scene.

The first break came in 1916 when Carmine diPaolo was arrested for an assault in the Bronx. He mentioned to police that he had been approached by Greco about carrying out the murder, but had backed out before it could be finished. DiPaolo then saw Giuseppe Archiello get paid by Greco after the killing. Archiello’s interrogation implicated Frank Ferrara, Cardinale, Zaffarano, Greco, and Greco’s brother, but it did not point to a source of the estimated $4,500 that was dispersed among the participants in the murder. Archiello was tagged as one of the gunmen and sentenced to death.

Ferrara was next on the docket, charged with driving the getaway car for the two killers. This was when Gaetano Reina was fingered as the other gunman. Ferrara’s story changed repeatedly and significantly, though, and he later insisted that Reina’s name had been fed to him. Ferrara’s conviction led to a death sentence that the state hoped to use to get Ferrara to name names at the top of the food chain.

The breakthrough witness was Cardinale, who had joined the Italian Army during World War I but was involved in the plots against Baff from the start. He was taken to New York by way of a somewhat shaky international agreement that circumvented the American/Italian extradition treaty, and his lawyer — not coincidentally the same as the lawyer for Ferrara and Archiello — convinced him to give up the big names: Joseph D. Cohen, brother of Chief Chicken Inspector Harry Cohen (aka “Kid Griffo”); his brother Jacob Cohen; Moses “Chicken Moe” Rosenstein; David Jacobs; William Simon; and Abe Graff. (Cardinale smartly moved back to Italy after giving testimony.)

Ferrara also decided to “come clean”, telling investigators that Ignazio “Jack” Dragna and Ben “Tita” Rizzotta were in his getaway vehicle. He also noted that he had left this duo out of his original story for fear of reprisal, going with the state-fed names of the gunmen instead.

The six conspirators were brought into court, with the court leaning on testimony of Cardinale, Ferrara, and Joseph Sorro, whom Cardinale said was also involved in several attempts to intimidate Baff. Simon’s indictment was thrown out, while Jacob Cohen and Jacobs were acquitted. Rosenstein pled guilty and helped New York gain a death sentence for Cohen and 10-20 years for Graff.

The convicted Cohen went after the state repeatedly, pointing out the massive inconsistencies in the witness testimony that led to his indictment and conviction. Indeed, Cardinale — who dragged Cohen into this in the first place — claimed two gunmen, neither of whom was currently in Sing Sing. Sorro, meanwhile, was brought up on multiple perjury charges.

Cohen’s execution was postponed seven times, then commuted to life in prison on February 4, 1920, by Governor Al Smith. Cohen was released on November 24, 1921. Officially, he could have been retried, but the state refused.

Archiello’s lawyer‡ insisted that, thanks to Sorro’s perjury, it was no longer clear that Archiello was a gunman. The court agreed to a second trial, and Archiello — who had significant connections in the Harlem mob — pled guilty to manslaughter, receiving a suspended sentence instead of death.

Meawhile, Dragna, Rizzotta, and Reina all walked. Dragna moved to Los Angeles and headed the Los Angeles crime family until the 1950s; he may have had a hand in former leader Joseph Ardizzone’s disappearance. Reina became kingpin of the Lucchese crime family in Brooklyn, and got killed by Lucky Luciano.

The Baff murder was atypical in the mob world, in that it featured Italian families doing their dirty work in the traditionally non-Italian field of poultry. The unusual arrangement made the murder an awkward affair that uncomfortably exposed a lot of powerful people. Organized crime was significantly more, well, organized by the time that Prohibition rolled around, and future gangland business murders were handled with a more diligent eye toward shielding bankrollers from blame.

Cohen and Jacob opened up a tailor shop in Manhattan, which put them right in the Italian mafia’s business wheelhouse. He and brother Barney were both shot to death in 1932, and their killers have never been identified.

* In an unusual twist to this already twisted case, Baff may have even partially paid for his own murder.

** Baff was killed just weeks after 18 members of Cohen’s Live Poultry Dealers’ Protective Association were indicted on fraud and racketeering charges.

† The state even employed one Philip Musica, a sort of proto-Barry Minkow with his own zany criminal story. His first foray into business was attempting to sell $250 of human hair to the tune of some $370,000. It’s not clear what the link between “Step 1: Get Hair” and “Step 3: Profit” was, but his misrepresentation of the goods was enough to earn him a federal sentence. Musica spent little time in prison, turning instead into a paid investigator in New York State’s employ during the Baff affair.

He jumped straight to Step 3 for his services and retired around 1916. Musica changed his name to Frank Donald Coster and in 1920 started Girard & Co. — a hair tonic company that was likely a front for a bootlegging operation. Right around the time the old Musica was indicted for perjury in the Baff case, F. Donald Coster bought the pharmaceutical company McKesson & Robbins. Musica expanded its drug enterprise but also did side business of building up paper assets and phantom sales to bolster the company’s apparent value by about $18m. It came crashing down when the company’s treasurer tried to find out why McKesson & Robbins didn’t insure their drug warehouse (turns out “it doesn’t exist” isn’t a good reason to give your accountant).

Musica committed suicide in 1938 as federal agents closed in, and the episode spawned new accounting regulations. McKesson is now the 14th-largest business in the U.S.

‡ The lawyer for Archiello and Cardinale, Walter Rogers Deuel, was brought up by the New York State Bar Association for suborning perjury, but he continued to practice law. And Deputy Attorney General Alfred Becker, who, according to one article, “was conspicuous during the war for uncovering German and Red plots,” was also accused of misconduct, though nothing appears to have come of that charge.

On this day..

Entry Filed under: 20th Century,Businessmen,Capital Punishment,Common Criminals,Crime,Death Penalty,Electrocuted,History,Last Minute Reprieve,Murder,New York,Not Executed,Organized Crime,Pardons and Clemencies,Pelf,USA

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