On This Day in 1952, Edward Kelly and Wallace Ford, Jr.


1952 was a quiet year for the Sing Sing death house. Only three prisoners walked their last mile, Edward Kelly and Wallace Ford, Jr on October 30 and before them Bernard Stein on March 6. That was pretty quiet considering 1951 saw eight inmates die including Lonely Hearts Killers Raymond Fernandez and Martha Beck on March 8 of that year.

True to notoriety’s pecking order in which the most notorious inmates drew most attention, few people remember John King and Joseph Powers, killers of Detective Joseph Miccio and who died on the same night as Beck and Fernandez. When Julius and Ethel Rosenberg died on June 19, 1953 few people remembered that they were only two of six to die that year, although he Rosenbergs alone more than kept Sing Sing in the news.

Neither Ford or Kelly’s crimes were especially unusual which probably leaves you wondering why they appear here. While Ford’s crime was brutal, squalid and without any excuse or grounds for clemency (not unusual in the Sing Sing death house) Kelly was a rarity. While Ford had entered the death house never to leave it alive, this was Kelly’s second stint for the same crime.

There were 695 electrocutions in New York between William Kemmler (the world’s first on August 6, 1890) and Eddie Lee Mays (New York’s last on August 15, 1963). Initially New York had three electric chairs sited at Sing Sing, Auburn and Dannemora. Executions took place at all three until 194 when Sing Sing was designated the sole site for New York State, finally numbering 614 out of New York’s total.

There were anomalies, though. Around one inmate in three that entered the death house left alive via commutations to life imprisonment, successful appeals against their conviction or sentence or having been certified insane and sent to psychiatric institutions. With a successful appeal reversing their conviction some even left the death house and Sing Sing altogether, walking out into the bright light of freedom as though they’d never sat crossing dates of their calendar or come within days, hours or even minutes of death.

Edward Kelly was one of them. Originally condemned for the senseless murder of Eloise McHugh with a rifle (and then turning it on himself) Kelly arrived at Sing Sing on September 29, 1950. After winning his appeal and reversal of his conviction on July 1, 1951 Kelly walked out of Sing Sing on July 12 firmly believing he was one of that lucky third who’d never be coming back. He even left a warmly-worded letter for Warden Wilfred Denno, a man he never expected to see again. But we’ll be getting to that later

Suffice to say that Edward Kelly was wrong. Fatally so, in fact.

Kelly’s reversal was exactly that, a reversal and not an acquittal.  The State of New York was thus free to try him again. That Kelly had shot McHugh was in no doubt whatsoever, but the trial judge had misdirected the jury regarding Kelly’s insanity defence. According to the judge Kelly had to understand what he was doing OR that it was a crime. New York State’s appellate judges saw it differently. To be considered legally sane, they ruled, Kelly had to understand BOTH his act and the nature thereof, not one or the other. With that in mind they reversed his conviction (and his mandatory death sentence) and out he walked.

If Kelly thought he was home free, he wasn’t. With a reversal instead of an acquittal double jeopardy didn’t apply. New York State could try him again and did so, this time winning a conviction that withstood Kelly’s lawyers and their best efforts. Having walked out of Sing Sing’s death house on July 12, 1951, he walked back in on November 28 to be reunited with Warden Wilfred Denno and the death house guards Kelly’s letter had so warmly praised. In the same week as Edward Kelly began his second stint in the death house Wallace Ford, Jr arrived to begin his first (and last).

Unlike Kelly, Ford held no particular distinction. His crime, the kidnap and murder of his sister-in-law after his marriage folded, was brutal, squalid and utterly unnecessary. Hardly a rare breed among Sing Sing’s soon-to-be-dead then or now.  An argument with sister-in-law and victim Nancy Bridges over contact with his children saw Ford beat her unconscious, drive her to Genesee County. Once there he drove his car over her, reversing over her again to ensure her death. Not a man to inspire sympathy among appellate judges or the State Governor who still had the power to commute. In Ford’s case he chose not to. Convicted and condemned on November 30, 1951, he arrived at Sing Sing on December 4.

If Kelly’s case was unusual for Warden Denno it wasn’t unusual for State Electrician Joseph Francel. The fourth of five men to hold the title, Kelly and Ford would be numbers 130 and 131 of the 140 inmates he electrocuted between 1939 and 1953. After Kelly and Ford, Francel would throw the switch only nine more times before resigning in 1954.

Francel didn’t like the low pay, $150 for a single with an extra $50 per head for executing two or more prisoners in the same night. He’d also taken a dislike to the publicity surrounding his job, especially after the Rosenbergs in 1953. Kelly and Ford, however, were just another day at the office. With Ford and Kelly both out of appeals and Governor Thomas Dewey not inclined to be generous, preparations for the double event began.

12 hours before their scheduled time of 11pm Ford and Kelly were moved from their death house cells to a block of six pre-execution cells long nicknamed the Dance Hall, only 20 steps from the execution chamber itself. The execution team rehearsed, each guard knowing their particular part of the job. Francel, as was the custom, arrived in the afternoon to check the equipment and ensure it was running properly. Warden Denno had to meet and greet the official witnesses, ensuring that none had any hidden cameras as happened when Ruth Snyder was executed in 1928.

In the absence of any stays of execution, appellate rulings or executive clemency all Kelly and Ford could do was wait…

Ford had sent a letter to Judge Loughran of the New York State Court of Appeals. It did him no good, but he did cite a complaint common among condemned inmates even today;

‘My attorneys at the trial were appointed by the Genesee County Court and they also represented me on appeal before this Court. I sincerely do believe that to the limit of their knowledge, capabilities and experience, they faithfully and conscientiously did their collective best and utmost to protect my interest. However, Your Honor, they were both young men, comparatively young in the practice of law and for both my case was their first murder trial and appeal.’

It did Wallace Ford, Jr no good in 1952. It seldom does now.

As far Edward Kelly, sitting in his cell with head shaved and appeals exhausted, his own letter to Warden Denno on leaving the death house might well have come back to haunt him;

‘Dear Sir,

Due to the fact that I’m leaving the “Death House,” I cannot say I have any regrets, nor will I recommend it to anyone, but I can inform them that, if they are ever unfortunate enough to go to Sing Sing, they will be very well treated. I had no fault to find with anything or anybody during my stay, every reasonable request was granted. The entire staff of the prison are a credit to New York State. The officers and guards are as fine a group of men as you could find anywhere.

“Dick” and “Freddie” go about their duties as if they had a personal interest in the place, always helpful and ready with a word of cheer if needed. I enjoyed “Terry’s” homelike meals. It would certainly be a pleasure to meet everybody, including yourself, under different circumstances. I extend my best wishes to all, but I hope I never come back.

Sincerely,

Edward H Kelly, 109-821.’

Did these words, written as Kelly walked cheerfully from death to freedom, haunt him as he made the return journey?

 

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George Kelly, falsely convicted and quickly hanged.


George-Kelly

 

For most crime buffs the name ‘George Kelly’ inspires memories of rattling Tommy guns, bank robberies and the kidnapping of Charles Urschel, all attributed to American crook George ‘Machine Gun’ Kelly. Kelly, a second-rate gangster at best, was made out to be far worse than he actually was, spending the remainder of his life in Leavenworth and Alcatraz before dying of a heart attack in 1954.

For residents of Liverpool, however, that name reminds them of a double murder, a rigged trial and a fast hanging in 1950. Like his American namesake, our George Kelly was also made out to be far worse than he really was. A petty crook, he didn’t deserve to title of ‘gangster.’

He didn’t deserve to go to the gallows, either. For a double murder he didn’t commit.

But, at 8am in Liverpool’s Walton prison on March 28, 1950, he did exactly that. When the time came Albert Pierrepoint and assistant Harry Allen walked into the condemned cell, strapped Kelly’s arms, led him the few short steps to the gallows and justice, so it seemed, had been served.

It hadn’t, by a long way.

Kelly’s alleged crime, armed robbery of Liverpool’s Cameo Cinema on the night of March 19, 1949, also resulted in a double murder. Cinema manager Leonard Thomas and assistant manager John Catterall were shot dead. Local gossip blamed Kelly and his alleged accomplice, local strong-arm man Charles Connolly. If tried and convicted, the pair would almost certainly be hanged. They were arrested on September 30, 1949 on the basis of an anonymous letter.

Enter local hoodlum Robert Graham who came forward and blamed the pair. He claimed that, while in Walton with them, Kelly had admitted the shootings and named Connolly as his partner. According to Graham, Kelly was the shooter and Connolly the look-out. Under the rules governing common purpose, that made both men equally responsible for the shootings and, therefore, equally likely to hang if convicted. In return for his information, and likely for his own safety, Graham was immediately released from his prison term.

A prison term for dishonesty…

First, Kelly and Connolly were tried together. The jury were unable to reach a verdict, but only an acquittal would have barred the Crown from a arranging a retrial. The fact that neither could be proved as having ever met, that both offered sound alibis and that the evidence of both Graham and fellow prosecution witnesses James Northam and Jacqueline Dickson, a pimp and prostitute respectively, was less-than-stellar, probably saw the collapse of the first trial. Dickson was also outed as writing the anonymous letter. Faced with prosecution witnesses of such low character, the jury couldn’t agree a verdict against either defendant.

Second time around the pair were set to be tried separately. Connolly, warned that a murder conviction would probably see him hang, accepted ten years for robbery and conspiracy while Kelly was awaiting both his own appeal and execution.. He died in 1997, still protesting his and Kelly’s innocence. His chance of a reprieve effectively destroyed by Connolly’s deal, Kelly remained in Walton’s condemned cell under 24-hour suicide watch.

Kelly’s trial was, by modern standards, a dubious affair. It was also Britain’s longest murder trial at that point, lasting 13 days of February, 1950 with Mr. Justice Roland Oliver presiding. The prosecution’s case was riddled with flaws, allegations of police coaching prosecution witnesses, the prosecution withholding evidence from the defence and of Kelly generally being railroaded to the gallows.

It also saw the first appearance of a woman as lead counsel in a capital case. Rose Heilbron had become a King’s Counsel (a senior barrister) in the same month that Kelly and Connolly supposedly murdered Thomas and Catterall at the Cameo. With Kelly facing the rope if convicted, her first murder case as lead counsel couldn’t have been any more challenging.

Inexperienced in capital cases, she did as much as anyone could. It wasn’t enough. The jury convicted her client, Mr. Justice Oliver donned the traditional Black Cap and sent Kelly back to Walton under sentence of death. Under the law as it then stood, George Kelly had only a minimum of three Sundays between sentencing and execution. With that in mind, letters from the Prison Commissioners went to Albert Pierrepoint and senior assistant Harry Allen offering them a morning’s work.

Rose Heilbron, however, had other ideas. She lobbied hard to have Kelly’s verdict and death sentence overturned. She went to the Court of Criminal Appeal, Kelly beside her as she listed 11 error’s in Oliver’s summing-up of the case. She also pointed out that a man named Donald Johnson has been tried and acquitted of the crime.

Johnson (also represented by Heilbron) had given police two statements. One admitted Johnson’s role as an accessory, which was ruled inadmissible and caused his trial to collapse. The other, not rediscovered until the 1990’s, had been withheld from the defence.

Johnson, a career criminal with a lengthy record, had also been stopped by a police officer near the Cameo Cinema before the crime. The shooter was also described as being left-handed. Johnson was left-handed, George Kelly wasn’t. Northam and Dickson’s statements appear to have been withheld from Kelly’s lawyers, Kelly was tried separately from Connolly without legal cause, Connolly’s guilty plea was obtained by threats of execution and Robert Graham’s first statement had been withheld from Kelly’s legal team as well.

The case against him was also based entirely on circumstantial evidence, without even forensic evidence linking Kelly to the crime. All told, the defence had plenty of grounds for appealing a conviction that should never have occurred in the first place.

None of it did any good at the time. Kelly’s conviction was upheld, his sentence approved and he duly went to the gallows. It wasn’t until the 1990’s that local man Lou Santangeli, a friend of Connolly’s, began a campaign to prove Kelly’s innocence. Digging through old files and using Connolly’s own memories, he pushed the case to the Court of Criminal Appeal in 2001. In 2003 the court ruled; George Kelly’s conviction had finally been quashed. Connolly’s robbery conviction went with it. According to Mr. Justice Rix;

“There was in these cases a breakdown in the due administration of justice and a failure to ensure a fair trial, we consider that the consequence was a miscarriage of justice which must be deeply regretted.”

Before his death in 1997 Charles Connolly expressed regrets of his own;

“If capital punishment had not been in force and George Kelly had not already been sentenced to hang I would never have pleaded guilty. i would have shouted my innocence whatever the consequences.”

Shortly after the ruling Kelly’s body, buried within prison walls in accordance with the law governing hanged prisoners, was finally returned to his family. Daughter Kathleen Hughes stated;

“I have waited a long, long time for this day. I hope now I can give him a decent Christian burial, which I have previously been thwarted from doing.”