sam benard's unique method of defrauding the rail-
roads—how he did the work—his convic-
tion after a long chase.
between the years of 1870 and 1876 the railroads of this country had been swindled, time after time, by some unknown person changing the address on an invoice of goods after it had reached the railroad office. this was done on an order which purported to come from the firm which had shipped the goods.
in february of 1876, a shipment of gentlemen's dress goods was sent to a. a. alden and company of franklin, pennsylvania, by brock and weiner of buffalo. the consignment was valued at $721.19. a few minutes after the goods had been delivered at the freight office, a man entered[pg 337] and told the agent that the boxes had been marked with the name of the wrong town; that they should go to corry, pennsylvania, instead of franklin. the agent demanded an order from the firm, before making the change. the pretended clerk wrote out the order, signing the firm name to it, and the address, corry, was substituted for that of franklin. this being done, the supposed clerk went to corry. here he pretended that he was a merchant from new york, and that he was to open an auction store in the town. the merchant tailors did not like to have their trade injured in this manner, so offered to buy the goods. the pretended merchant sold them at a much reduced price, and received a check for three hundred fifty nine dollars and sixty cents. he indorsed the check with a. a. alden's name, thus adding forgery to his other crimes. then the case was given to me.
two weeks went by without a clue to the swindler. i found that other detectives had been hunting for a man who had played the same game in other cities, but the culprit had guarded himself so well that even his real name was unknown. from the descriptions obtained and from his general manner of operation, it was known that the same person had been operating on all the roads where this swindling had occurred. one day while in buffalo, i chanced to go into a cigar store. at this time the newspapers were full of the swindle, and some of the people in the store were discussing the affair. an old gentleman who was among those present said that a young man who had been employed in the same store with himself, about six years previously, had swindled his employers in the same manner. this was in rochester. i took the hint and after questioning the old man i found that the name of his former working companion was william benard. i went[pg 338] to rochester, and while there obtained the names of some of his acquaintances, and finally found a photograph of him. the description given me by the detectives tallied with the photograph of benard. i therefore made up my mind that benard was the man i wanted. after further inquiry i found that relations of benard lived in detroit, michigan. i went there and obtained information as to the whereabouts of the swindler. i followed him through montreal, canada; cincinnati, cleveland, indianapolis, toledo, chicago, to st. louis. he was known in all these places as "jew harry." it seemed that it was impossible to find a detective in any one place who had not at some time or other been on benard's tracks.
on my arrival in st. louis, june 26, 1876, i went to the office of chief of police mcdonohue at once. i told him who i was and that i had information which led me to believe that benard had worked in st. louis. when the chief, who was very portly, and somewhat gruff, heard this, he straightened up in his chair, and said, "it is impossible. that fellow would not dare to come to st. louis. he would be afraid. he knows he could not work any such game in this town. my police would be sure to get him." i then told the chief that i had reason to believe that benard had been in st. louis within the last few days. this idea the chief fairly ridiculed. just at this moment a rather elderly man entered the office, in a very excited manner. he had brown hair, streaked with gray, and wore short side-burns, or galways, as they are sometimes called. he asked if he could see the chief for a few minutes, so i at once rose to leave the office. the chief told me to remain, then asked the visitor to state his business.
he told the chief that his name was h. m. smith, and[pg 339] that he was a pawnbroker, in business at eighth and morgan streets. he then went on to say that a man giving the name of solomon, representing that he was from cleveland, ohio, had called on him a few days previous. he had represented himself as a pawnbroker, and had presented the business card of solomon & company of cleveland. mr. smith told him that he knew of the firm, but never had the pleasure of meeting a member of it. solomon then told smith that he had a nephew who had been in business with him for years, but that he had gone out west, in the mining district of colorado, and opened up a pawnshop of his own. there was then a large demand for revolvers and pistols of heavy caliber, and that he had ordered about two thousand dollars' worth of heavy caliber guns and ammunition from the simmons hardware company of st. louis. after he had placed the order with the request that it be packed and shipped immediately, he had received a telegram from his nephew stating that he had gotten into trouble and had been forced to leave the country; and, therefore, could not take the order from simmons. he requested solomon to call at simmons and cancel the order. the simmons people informed solomon that as the fire-arms were already packed and in the freight-house, preparatory for shipping, they could not cancel the order. solomon then said to smith, "i have no use for these pistols and guns, and i can't ship them to my nephew in colorado since he has left there. i will have these goods brought up to your store and you can examine them. then if you find them just as i have represented, i will let you have them at your own price. you can easily sell them and make some money on them."
mr. smith assented. solomon then went and got a drayman and had the fire-arms brought to smith's office from[pg 340] the freight depot. solomon got there about the time the goods did and had the cases opened. smith found the goods were just as solomon represented, so he told solomon that he would give him eleven hundred dollars for them, which was about half their value. solomon, with tears in his eyes, accepted smith's check for that amount, and left for parts unknown. on the morning of my arrival and while i was talking to chief mcdonohue, smith had received by mail, a bill for the goods from simmons hardware company which extended to him the privilege of discounting the bill, and that upon making immediate payment, he might deduct the usual percent. whereupon mr. smith called upon the simmons hardware company, and was there informed that a man resembling him very much, had called there and selected the bill of goods, and had also presented smith's business card. they thought it was mr. smith, and, upon finding him all right formerly, had unhesitatingly packed and shipped the goods as directed.
smith and benard looked very much alike, wearing the same style of beard and having about the same complexion. smith's description of solomon, who was really benard, was very accurate; and finally wound up by saying that solomon looked enough like him to be his younger brother.
while smith was telling the chief this story i was listening, and when he began to describe solomon, i asked the chief if i might be permitted to ask mr. smith a few questions.
"why, certainly," replied the chief.
"do you think," i then said to smith, "that you would know this man, solomon, if you should see him again?"
[pg 341]
"surely!" answered mr. smith. "i would know him anywhere."
i then took benard's picture from my pocket, and asked smith if that resembled solomon. he threw up his hands, and exclaimed:
"why! that is him! that's an excellent picture of him!"
i then turned to the chief and said, "chief, it seems that benard was not afraid to come to st. louis, after all."
i then got busy and learned that benard had left st. louis over the burlington and had gone to quincy, illinois, a few days before my arrival. i then took the first train for quincy. there i learned of a similar swindle with a case of goods shipped to edina, missouri.
i left at once for edina. there the freight agent informed me that a man named solomon, and answering to the description of benard, had called for a case of goods; but the agent, who was a relative of the party to whom the goods had been originally consigned, had refused to deliver them until presented with some identification. just about this time i received word that solomon was walking out of town. i pursued him, arrested him and brought him back to town. at first he denied everything, even his photograph, but finally consented to go with me when i brought out other proofs. i at once applied for a requisition from the authorities.
after the capture of benard at edina, by me, benard's lawyer insisted that he could not be taken to pennsylvania while he stood charged with a felony in missouri. therefore, when he made his plea, i telegraphed a friend in st. louis to employ a good criminal lawyer, and have him report to me at edina. my friend employed col. nat. c. claiborne, of st. louis. at the same time i wired mr.[pg 342] smith to come at once, or send his son, sam, to edina, for the purpose of identifying solomon. in due time both sam smith and col. claiborne arrived in edina. col. claiborne was an old citizen, and was well known all over the state. he was acquainted with the judge of knox county, and had him convene a special term of court and empanel a special grand jury. i arranged to have witnesses appear before the grand jury, which immediately indicted benard for the edina swindle, col. claiborne assisting the prosecuting attorney at edina, for the state. benard was convicted and sent to the penitentiary at jefferson city, mo., for four years. i accompanied him to jefferson city, where i procured a duplicate of the receipt for the body of benard, from the warden of the missouri penitentiary, and previously a certified copy of the proceedings at the trial and conviction in knox county, which i turned over to the officers of the allegheny valley railroad on my return to pittsburgh. this satisfied them, but not so well as if i had extradited benard and brought him back to pennsylvania for trial.
i omitted to say that on the night that sam smith arrived in edina, from st. louis, that the small hotel was filled to overflowing and the landlord was obliged to assign smith to my room, which was in the front of the second story, just over the office. about ten o'clock that night, just as smith and i had retired to our room, preparatory to turning in for the night, a shower of missiles such as rocks, stones and pistol shots were fired through the window of our room from the opposite side of the street. upon investigation i found that benard had enlisted the co-operation of some sympathizers, through a lawyer in the town, whom he had employed to defend him, and at the instance of whom this mob was formed with a view to[pg 343] frightening smith and myself and the other witnesses, who were to appear in the case, out of town. we were so badly frightened that we did not leave town until benard had been tried and convicted, and when we left benard left with us.
