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THE EXECUTION of Anthony Chebatoris by Aaron J THE EXECUTION OF Anthony Chebatoris By Aaron J. Veselenak In 1846 Michigan outlawed capital punishment for murder, becoming the first jurisdiction in the English-speaking world to do so. Why then did a hanging take place in Milan on 8 July 1938? he scene that unfolded that fateful Wednesday morn- president’s ribs. Instinctively, Macomber grabbed the gun. As ing, September 29, 1937, in the Chemical State Sav- the two men struggled, Chebatoris shot Macomber. Forty-five- ings Bank in Midland, Michigan, had all the intensity, year-old cashier Paul D. Bywater rushed to aid his boss. Cheba- action and drama of a Hollywood gangster flick. The toris shot Bywater, a bullet tearing into his intestines. Realizing Tplayers, however, were not silver-screen bad-boys Jimmy their plan had gone awry, the would-be robbers fled the bank. Cagney, Humphrey Bogart or Edward G. Robinson. Dentist Frank L. Hardy, whose second-floor office was in At approximately 11:30 A.M. two gunmen entered through the mattress store next to the bank, heard the commotion. the front doors of Chemical State Bank. Twenty-eight-year- Grabbing a .35-caliber deer rifle kept oiled and loaded in his old Jack Gracy and thirty-seven-year-old Tony Chebatoris, office for just such an event (bank robberies and holdups both from Detroit, had extensive criminal records. They were occurred regularly in America during the 1930s), Hardy thrust intent on looting the weekly Dow Chemical Corporation pay- his rifle through the window screen and opened fire on Gracy roll then being processed. Gracy wore a hat and overcoat, con- and Chebatoris, who by then were racing down Benson Street cealing a sawed-off shotgun. Chebatoris, wearing a hat and a in their getaway car. Chebatoris was at the wheel. short, blue denim jacket, was armed with a .38-caliber Smith Hardy’s first shot struck the car’s fender; another went & Wesson revolver. through a door; the third passed through the rear window, hit- Weeks before the planned heist, Gracy cased the bank. The ting Chebatoris in the left arm, causing him to lose control. job would be a cinch. The car careened into a parked car on the other side of the The two men, who had met in the state prison in Jackson street. The collision knocked Gracy out the passenger’s-side serving sentences for previous crimes, drove north from Ham- door. A wounded Chebatoris, with rifle in hand, helped his tramck in separate cars. One car was stolen; the other fallen buddy up. Frantically, the men’s eyes searched wildly belonged to an acquaintance of both men. Gracy and Cheba- for the source of the bullets. Spotting a uniformed man stand- toris met near Corunna. They abandoned the second car and ing at the corner, Chebatoris shot from the hip, severely drove together to Midland. wounding fifty-five-year-old truck driver Henry J. Porter of Entering Chemical State Bank, Gracy approached sixty- Bay City. The bandits then intercepted a car driven by a five-year-old bank president Clarence H. Macomber, who was woman with a baby. The woman fled in terror, carrying the standing up front talking to his twenty-two-year-old daughter child. Hardy shot again, trying to hit the gas tank. Gracy and Clair, a bank employee. He jabbed the gun barrel into the Chebatoris fled from the car and continued on foot to a bridge May/June 1998 35 spanning the Tittabawassee River. They was wanted in Pennsylvania for bank robbery attempted to hijack a Nehil Lumber Com- and felonious assault. He was also suspected of pany truck, but as Gracy stood on the run- crimes in Kentucky. ning board, Hardy, nearly 150 yards away, Forty-eight-year-old Hardy attained hero aimed and squeezed off another round. It status among townsfolk, law enforcement offi- was a direct hit. Sensational accounts of cials and the press for his quick action. It was a the day claimed the back of Gracy’s head role he did not relish. “Don’t make a hero out was blown off. He died instantly. of me in this thing,” he stated. “I like to hunt, Chebatoris ran west along the Pere and I like to play bridge. Today, I’d say I liked Marquette Railroad tracks attempting to bridge better.” The small-town dentist thought pirate two more vehicles. He was appre- for a moment, then added with a twist of irony, hended a few blocks away by several “You know it’s a funny thing, but that parked townsmen and road construction workers car the bandits ran into is owned by Violet Ven- as he sat exhausted in the second car. ner. Her father was the sheriff who got me to Midland County sheriff Ira M. Smith taking my gun to work.” arrived on the scene and placed Cheba- Clarence Macomber was the most fortunate toris under arrest. Anthony Chebatoris of the three gunshot victims. He suffered a mere flesh wound. Bywater and Porter were seriously Federal Bureau of Investigation offi- hurt. Bywater recovered; Porter succumbed to cers arrived at the scene shortly after. It was his wounds on October 11 at Mercy Hospital in clear from the beginning that Chebatoris would Bay City. With his death the charges of bank be charged with a federal, not a state, offense. At approximately robbery and assault were changed to murder, Chebatoris had violated the National Bank Rob- setting the stage for an unusual string of events 11:30 A.M. Anthony bery Act, passed in 1934 in response to the rash in Michigan history. of bank robberies during the Great Depression. Chebatoris and U.S. District Attorney John C. Lehr planned The feds had jurisdiction in any holdup of a Jack Gracy entered to seek the death penalty. Porter’s widow bank that was a member of the Federal Deposit opposed the action and she appeared in U.S. Insurance Corporation or Federal Reserve Sys- through the front District Court on October 19, while a grand tem. Chemical Bank belonged to both. The law door of the Chemical jury deliberated whether to indict Chebatoris also provided for the death penalty in the event for murder. Wearing black, she was accompa- an innocent person was killed. Immediately State Bank intent on nied by her sister, Mrs. John Rosentreter. after the bungled heist, speculation arose that looting the weekly Rosentreter claimed her brother-in-law once Chebatoris might be hanged should one of his wanted Chebatoris spared death in the event he victims die. Dow Chemical died. Dr. H. B. McCrory, who had treated Upon learning of her son’s death, Gracy’s Corporation payroll. Porter, disagreed. He claimed that one of the mother collapsed. She claimed he was a “good last things Porter had said to him was, “It’s too boy” and would never be involved in such an bad one of us [including Bywater] can’t kick act. His record, though, suggested otherwise. off so they can hang the dirty rat.” As a juvenile Gracy was arrested for bicycle On Tuesday, October 26, Chebatoris and auto thefts and escaped from the Boys’ was brought to trial in U.S. District Court Industrial School in Lansing. In 1923 he was in Bay City. Judge Arthur J. Tuttle sent to the state prison for armed robbery. He presided. Tuttle, a distinguished-looking was paroled in 1926 but returned after a second man of sixty-five, had twenty years’ expe- armed robbery. He also spent time at a branch rience on the federal bench. A former U.S. prison in Marquette for planning an escape. congressman, prosecutor Lehr had been Chebatoris, a native of Poland and its own on the congressional committee that jail system, had spent fifteen of the previous drafted the law under which the defendant seventeen years in prison. His troubles began was being tried. He was assisted by John in 1920. As a driver for the Packard Motor Car W. Babcock. Dell H. Thompson, president Company, he robbed a cashier on their way to of the Bay County Bar Association, and the bank. He was sent to prison and then James K. Brooker were appointed to paroled in 1926. He returned to prison after a defend Chebatoris. second robbery and remained there for During the three-day trial the prosecu- repeated offenses that marked most of his life. tion called thirty-four witnesses. The Jack Gracy At the time of his arrest in Midland, Chebatoris defense called none. The case against 36 Michigan History Magazine Tony Chebatoris was solid. The appeal. Chebatoris was told by swarthy, brooding man never took his lawyers at sentencing that he the stand. If there was a gentle, had neither the money nor remorseful side to Chebatoris, the grounds for an appeal, so one jury of seven women and five men was never made. Tuttle also never saw it. He was even reluc- determined that the sentence be tant to discuss the case with his carried out within the walls of attorneys, maintaining a defiant the Federal Detention Farm in attitude toward them as well. Dur- Milan, Michigan, where Cheba- ing the trial he told one of them, “I toris was being held. This caused haven’t a friend in the world. My a stir. In 1846, during a lengthy wife has divorced me. I’d rather revision of the state’s entire die than go back to prison.” penal code, Michigan became While seeking the death the first English-speaking gov- penalty, Lehr made an impas- Scene of the shootout ernment in the world to abolish sioned statement to the jury, call- capital punishment for murder.
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