Tag Archive for killer kids

When Morons Kill

Jean Gianini, prison mugsht

Ignorance of the law is no defense to a criminal accusation — knowing the rules that govern us is the duty of each person in a civilized society. Because our justice system is based on the premise that we are aware of what we are doing when we do it, a lack of understanding of the law does not excuse illegal behavior. For most defendants who find themselves in the dock this is not an issue; they knew what they were doing was wrong, they just hoped they would get away with it.
 
Ignorance of the law takes on a new meaning when we examine how intelligence affects a defendant’s ability to know right from wrong. The criminal justice system has never really figured out how to deal with criminals who lack the brainpower to know they were breaking the law and modern juries show little tolerance for any mental issues, whether insanity or developmental disability, as a defense. It was not until 1989 that the U.S. Supreme Court reluctantly agreed with a majority of states with capital punishment that executing intellectually disabled criminals was a violation of the Eighth Amendment. Many states have eliminated diminished capacity defenses that hinge on the defendant’s mental acuity.
 
At the beginning of the 20th century, a rural jury in upstate New York was presented with this conundrum when it had to determine whether 16-year-old Jean Gianini was responsible for what appeared to be a cold-blooded, calculated murder of his former schoolteacher, or if his level of intellectual disability prevented him from knowing the nature and quality of his act. His case marked the first time that scientific tests and testimony were used in court to show a defendant was not smart enough to know the wrongfulness of his action.
 
“The verdict of not guilty on the ground of criminal imbecility,” said one expert, “recognizes that weakness of mind, as an excuse for crime, is of the same importance as disease of mind; puts feeble-mindedness in the same category with insanity, and requires that it like insanity be considered in all discussions of responsibility.”
 
But many people at the time thought Gianini got away with murder and were outraged at the verdict. To most the slaying appeared to be a premeditated killing with clear steps taken to further the crime and avoid capture. But with a chain of circumstantial evidence that included more than one weak link, each time the prosecutor presented his theory of why Gianini did x or said y, the defense had an answer based on scientific study of imbecility.
 
The defense’s alternative theory of the crime convinced the jury, which acquitted Gianini of first-degree murder. Rather than to the electric chair, Gianini was sent to a state hospital for the criminally insane where he remained the rest of his life.

The Crime and Confession

The facts surrounding Lida Beecher’s murder were never contested by the defense.
 
Early on March 28, 1914, a Herkimer County farmer was making his rounds delivering milk. About a mile from the village of Poland, he saw signs of a violent struggle in the snow and slush. A trail of blood and footprints led from the road. Following the tracks he found a body, which proved to be that of Lida Beecher, one of the schoolteachers in the village of Poland. Her killer made a half-hearted attempt to hide her body behind a hedgerow several yards from where the killing occurred. Her umbrella and hat were found at the site of the initial assault.
 
Lida BeecherSuspicion quickly centered on Gianini, who was known to harbor ill will toward the victim.
 
Numerous witnesses saw Gianini and Lida together the night previous and watched the two of them walk out of town toward Gianini’s house. Others saw Gianini with the wrench used in the killing, and more than one reported how he talked of killing Lida for revenge.
 
A chronic truant who was disruptive in class when he was there, Gianini had been expelled from school and court-ordered to attend a regimented boarding school run by Catholic priests, and he incorrectly blamed Lida for his expulsion. He had been pestering her for weeks to meet with his father in hopes that she would allow Gianini to return to the local school — a wish she had no power to grant.
 
Based on this evidence, police went to arrest Gianini, only to learn that he had run away that morning. He was found 4 miles away and willingly returned to Poland and the police station even though he knew he was a suspect in a murder.
 
When he was being brought back to Poland by a friend of his father, the man said, “You have got something beside skipping out now staring you in the face.”
 
Gianini replied, “They can’t give me but ten years.” The witnesses to his interrogation testified that when Gianini was told that “he had murder staring him in the face,” he expressed no fear and appeared not to care at all.
 
Gianini was taken to the Poland police station where testimony at his trial revealed that the youth was strip-searched so authorities could check for bloodstains on his clothing or wounds that might have come from a death struggle. There were none, but Gianini’s coat was missing a button identical to one found near the crime scene.
 
Immediately upon undressing, Gianini offered a spontaneous confession of the crime, admitting quite proudly and with no trace of regret or remorse that he was Lida Beecher’s killer.
 
He was arrested on the spot and a few months later, Gianini’s first-degree murder trial began in Herkimer County.

Idiots, Imbeciles and Morons

A brief lesson in early developmental psychology is necessary before we dive deeper into this case.
 
In the late 19th Century a pair of French psychologists created a reasonably reliable way of measuring a person’s comparative intelligence or “mental age.” Still taken by thousands of American students in various forms today (the most common being the Stanford-Binet Intelligence Scale), the Binet-Simon Test of Intelligence was used to identify the “feeble-minded” who were, in the words of psychologist Henry Herbert Goddard, “the person who shows in every movement and action, if not in his very face, that he is ‘lacking,’ is ‘not all there,’ is ‘not quite right,’ or whatever may be the expression that we apply to those unfortunate ones, of whom there are, sad to say, always one or more in every community.”
 
The terms “idiot,” “imbecile” and “moron” had scientific distinctions at the time. An idiot was a person whose mental age was 3 or under. An imbecile was a person whose mental age was pegged between 3 and 12 years, while a moron was “a high-grade imbecile capable of earning a living under favorable circumstances, but is incapable from mental defect, existing from birth or from an early age, (a) of competing on equal terms with his normal fellows, or (b) of managing himself or his affairs with ordinary prudence.” Anyone whose mental age was above 13 by the time they reached that chronological age was considered normal.
 
The words have changed over the decades, but the definition of what was called imbecility, feeble-mindedness, retardation and most recently developmental disability, put forward by the British Commission on the Feeble-Minded, quoted above, is in general consistent with the American Psychiatric Association definition of Intellectual Development Disorder published in its Diagnostic and Statistical Manual of Mental Disorders vol. 5, which defines IDD as a condition “with onset during the developmental period that includes both intellectual and adaptive functioning deficits in conceptual, social, and practical domains.”
 
Very simply, the Binet-Simon test measured the subject’s mental acuity against the performance of what an average child of that age is able to accomplish. Binet and Simon conducted interviews with hundreds of French schoolchildren, which they used to set the scale. The children were asked questions that did not have right or wrong answers, but would have more in-depth responses correlated to age.
 
Dr. Henry GoddardFor example, the children were asked to define “charity.” Beginning at around 10 years old, the subjects could offer a cogent response. Binet and Simon found that younger children would respond with something like “Charity is giving,” while by far most 12-year-olds not only said charity was “giving,” but also included the concept of giving to the less fortunate.
 
“The point is not always that this answer (‘charity is giving’) is or is not technically correct, but that it is not the kind of answer which a child of the specified age (16) should give,” Goddard testified at Gianini’s trial. “Therefore, it indicates that he is not of that age, but below it.”
 
Goddard was a respected alienist, or psychologist, and head of the New Jersey Institute for the Feeble-Minded. He was also a proponent of the now-discarded theory of eugenics and argued strongly for sterilizing the developmentally disabled which he believed would eventually eliminate imbecility. He also said on the stand that Gianini’s predilection for masturbation was evidence of mental defect because it demonstrates “cowardice” and is not something “well-endowed young men” do. As a result of these ignorant views based on Victorian values rather than science, in counterpoint to his efforts to help imbeciles receive justice, Goddard leaves a mixed legacy.

The Prosecution’s Case

As is typical of trials involving affirmative defenses — where the defendant admits the act but attempts to show there were mitigating factors that render the act non-criminal — the prosecution’s presentation of the facts of the murder went quickly. Establishing motive, means and opportunity took just a few witnesses and the state’s case was presented in two days. The only reason it took that long was the number of witnesses put forward by the State to bolster its case which prompted frequent objections by the defense.
 
The only version of the murder we have is Gianini’s confession, which he gave freely and spontaneously after his arrest:

I went to school to Lida Beecher and had trouble with her and wanted to get revenge. I met her above the hotel and walked up the street with her up beyond the stone quarry; she had been a-coming to see my folks about school and was a-coming up to see them last night and I told her they lived up the hill, and when we got up there on the left side of the road, I hit her with a monkey wrench that I got out of my father’s barn. I had the wrench in my pocket when I went up.
After I had hit her about three times with the wrench, I hit her with a knife several times, to be sure to finish her, and then I took her over in the lot; I dragged her by the foot; and then I went home and got there about 7:30.
The knife I stabbed her with was one that belonged to my father and I took it home and put it in the pantry drawer.
I left the wrench somewhere near where I hit her. When I hit her first, she did not scream but moaned.
She said she thought it was quite a ways and she did not see any house.
I was not afraid when I got home; I was just as happy as I ever was and didn’t think anything about it as I thought I had revenge.

Gianini was referring to the ruse he employed to lure her to the murder site. He told her his father was building a new house further away from the town in an isolated area. When she began to suspect something was wrong and refused to go on, Gianini pulled out the wrench and hit her. Gianini stabbed Lida more than “several” times. The coroner counted 24 stab wounds to her chest and throat. There was no evidence of sexual assault.
 
The state argued that Gianini’s motive can be inferred from a look at his school history. More than a year before the murder, Gianini had been promoted — at the age of 14 or 15 — from the 5th to 6th grade, where Lida was the teacher. He became disruptive in class and was eventually expelled. Although she had little to do with that decision and letters written by Lida demonstrated that she was working to place him in a boarding school that could help him learn a trade, Gianini blamed her for the expulsion. His hatred of Lida can easily be understood, writes Goddard in an article on the case:
 
“The boy did not get along nearly so well after the change and he dropped back in his studies. His teacher was obliged to report him a number of times to the principal, who twice whipped him with a piece of rubber hose,” he wrote. “Failing to make his studies under the new standard, he was made to occupy a special seat apart from the other pupils, at the instance, if not the actual order, of Miss Beecher.”
 
Gianini’s “special seat” was next to her desk facing the wall.
 
At one time Gianini said he would shoot Lida if he had a pistol, one witness testified, while four others offered examples of more general threats to Lida by Gianini.
 
Two days prior to the crime, Gianini was heard speaking harshly to Lida. After she told him she did not know when she would be talking to his father about returning to school, Gianini shouted, “Aw, I don’t believe you intend to come at all, you will wait until summer time, and go home and then it will be too late.”
 
The strongest part of the state’s case was demonstrating Gianini had opportunity to commit the crime, which it also used to show he was planning it in advance.
 
Witnesses established that Jean confronted Lida three consecutive nights demanding that she speak to his father at that moment. Twice she refused, but the third time she agreed. Whether or not she had planned to make the visit that fateful night or was a reluctant participant was not established at trial.
 
Several Poland residents saw Gianini with the large, rusty monkey wrench in the days before the crime and the night he committed it. When asked why he was carrying the unwieldy tool, Gianini said, “I have use for it.”
 
The pair was seen walking in the direction of Jean’s farmhouse around 7:15 p.m. on the night in question, and Jean was not seen again for about 30 minutes when he returned home without showing any indication of having just murdered a woman.
 
He ran an errand for his father and then, as he frequently did, slipped out in the middle of the night to jump a freight train. When he discovered that the train had already gone, he returned home and went to bed. The prosecution posited that this was an attempt to flee.
 
Early on the morning after the murder, Gianini headed to the nearby farm where he was employed, as if nothing had happened. When the farmer went looking for his employee around 9 a.m., Gianini could not be found. His father, who had the Juvenile Court declare his son delinquent because he was fond of hopping boxcars and leaving town, called the nearby station where Gianini usually caught the train, where the boy was found and returned to Poland.
 
Beyond those facts, the only indication of what occurred during the crime came from the defendant’s statements to police, on the witness stand, and to the psychiatrists who examined him. The admissions of having committed the act are all consistent, which is normal when a suspect is telling the truth.

The Defense Case


As Gianini had already confessed to the crime and admitted as much in court, and because his defense was imbecility, the entirety of the testimony in his favor came from witnesses to his bizarre and age-inappropriate behavior and experts in feeble-mindedness. The facts presented are bleak.
 
Jean Gianini was born in December 1897, the third of three children to Charles and Sara McVey Gianini. Jean’s older sister was, at least at the time of his trial, “normal.” His older brother, Charles, had been profoundly developmentally disabled — an idiot, according to Goddard:

Charles lived to be but seven years of age and during his lifetime did not learn to speak, but merely made guttural sounds; he did not walk, but moved about when seated on the floor, pushing himself sidewise, and finally shortly before his death tottered about. His death occurred when he was about seven years old. He ate gluttonously and his death was due to asphyxiation, choking due to taking in trachea foreign matter while vomiting contents of an overloaded stomach.

Genetics plays a significant role in determining whether a child is born with an intellectual disability, and mental issues ran rampant through the Gianini and McVey families.
 
Less than a year into her marriage, 20-year-old Sara began to lose her grip on sanity, trial testimony showed. The symptoms manifested themselves during her pregnancy with Charles, according to Goddard.
 

Before her first child was born she broke down mentally and was probably never ‘right’ after that time. “Prior to her marriage she was bright, vivacious, stylish, and accomplished in music. Shortly after her marriage she began to become untidy in her appearance, morose, depressed, and indifferent to her child, took no care of him, and said that while she wanted to die, she was going to live forever. She also said she thought that her face was black and that she was a negress, that she would not go into the street because she was black.

Mrs. Gianini began to self-medicate using alcohol and became a “dipsomaniac” or alcoholic.
 
“She became addicted to the use of liquor, first lager beer and subsequently whisky and brandy. She made pledges, administered by priests, only to be broken,” Goddard wrote.
 
Gianini had little contact with his mother in his first year, which one’s gut instinct tells is rarely a good thing. Mrs. Gianini died in June 1899 in the St. Anne’s Retreat Sanitarium. The causes of death are listed as “meningitis, alcoholic heart failure.”
 
Whatever other impairments he may have had, Gianini was very likely a victim of Fetal Alcohol Syndrome based on his mother’s alcoholic drinking during her pregnancy. He was malnourished and weighed about five pounds. Gianini was placed with a foster family where he lived until he was 6; whether this was a private arrangement or a state act is unknown.
 
He did not speak until he was 5 years old, one of the defense experts testified, but “made sounds which resembled yells.” The doctor also said Gianini was late to learn to walk.
 
For the first few years of school, Gianini progressed like his peers, but was held back several times in fifth grade. To Goddard this indicates that Gianini had reached his ultimate intellectual age.


In the last days of his school life Jean dropped, to a very marked degree, in his standing in his studies. This falling off in Jean’s ability was attributed to his teacher. As a matter of fact, the falling off was due to the fact that Jean had reached his limit in the fifth grade. He attained to that height because of a good memory, which is characteristic of many imbeciles and is in no way indicative of normal intelligence. It is also very common for children of this type to get through the fifth grade and fail in the sixth. They have mentality enough to carry them to that point, but not farther.

The defense experts presented a compelling case of a 16-year-old youth with the mental acuity of a 10- or 11-year-old. Other testimony indicated that his relationship with his father was contentious, he held a deep hatred of his stepmother, and was the butt of jokes. One time, his father testified, Gianini took a model train set and tried to build tracks from kindling wood.
 
“He couldn’t make it work, of course, and we all laughed at him,” Charles Gianini testified. He said he considered his son’s attempts “irrational.”
 
“And yet you laughed at him and thought his actions were amusing?” the prosecutor asked, to which the witness had no reply.
 
The crux of the defense’s case, however, was the rebuttal of the State’s allegations. When confronted with an almost purely circumstantial case, the defense strategy is to raise reasonable doubt by proposing an equally plausible scenario. Gianini’s defense team confronted each link of the circumstantial chain head on.
 
There was no premeditation and to assume so was to misunderstand what caused Gianini’s behavior, its experts argued.
 
“The result can be accounted for in another way. Jean being an imbecile, it is entirely possible that he had no premeditation of murder at all,” Goddard testified. “On the contrary, it is possible that as he walked up the hill with Lida Beecher he had no more thought of killing her than of committing suicide. Indeed, it is much more plausible from all we know of imbeciles, and of boys of his physical development, that there was an entirely different purpose. That purpose was probably sexual.”
 
Goddard recounted episodes where Gianini’s behavior toward girls was more like that of a boy at the onset of puberty, than those of a 16-year-old. Rather than behave toward the opposite sex maturely (albeit awkwardly), Gianini would tease the girls and generally make himself a nuisance. Goddard blamed the inequality of Gianini’s physical and mental ages for his inability to communicate on a mature level with women.
 
When he was 14, Gianini was found in the woods undressing two young girls. When confronted, he said they were going to play “Indians, and Indians are naked.” Goddard used this as more proof of Gianini’s imbecility.

That is to say, such acts are, by the uninitiated, not considered sex acts at all… Dismissing the possibility that his explanation was invented to conceal a definitely conscious sexual impulse, let us admit that he gave his real reason for the act. Still it is clear to all who are familiar with sex psychology that the subconscious reason for playing Indian in that way was a sexual one.

The defense’s experts argued that Gianini was lying to investigators when he said he wanted revenge, and theorized that he lured Lida away from town for some sort of sexual encounter. His intentions rebuffed, probably quite strongly, he lost his temper and using the wrench and knife as weapons of opportunity, he murdered Lida Beecher.
 
They pointed out that while Gianini’s statements to investigators and examiners were generally consistent, he embellished his story with each telling, something the experts said was common among imbeciles.
 
Rejecting the prosecutor’s theory that moving Lida’s body proved Gianini was trying to cover up his crime, Goddard pointed out that after hiding Lida’s body behind some bushes, “he then went back into the road, making new tracks, which he made no effort to cover. Nor did he make any effort to cover the old tracks or the blood spots that were left along in the snow. Neither did he make any attempt to hide the hat nor the umbrella nor the broken comb which were left in the road.”
 
The prosecution got Goddard to admit Gianini said he knew the difference between life and death, and the difference between taking a human life and killing an animal, the basic level of knowledge of the nature and quality of the act.
 
The eminent alienist responded that Gianini knew those distinctions, but not that causing death is considered wrong by society.
 
“Why hide the body, then?” asked the prosecutor.
 
His behavior showed “he knew he did something he ought not to have done, and rather not be caught at,” the doctor replied.
 
As for Gianini’s ability to recount a similar story every time he was asked about the murder, Goddard was nonplussed. Calling the youth “a braggart and a coward, with an excellent memory, a great reader — particularly interested in stories of excitement and crime,” Goddard pointed out that Gianini’s statements became more detailed over time, but rather than recall obscure details, Gianini embellished the murder itself.
 
“His confession is colored by his desire to show off and shine in the limelight,” Goddard said. “Gianini’s testimony is unreliable, because he was talking for effect. He is of the type that loves show and notoriety.”
 
In reality, what probably saved Gianini’s life was not that jurors considered him too dumb to be guilty of murder, but that they had been advised before deliberating that if they found Gianini not guilty by reason of imbecility, he would not walk free. Goddard made it clear in his testimony and in a subsequent article on the case that he considered Gianini too dangerous to ever be released, which helped sway the jury.
 
We reach this conclusion by looking at two similar cases where diagnosed morons were accused of murder and used the same defense as Gianini.
 
In one case from Oregon, a stalker shot the woman who had scorned his advances and explained his justification as “if I cannot have her, then I wanted to make sure no one did.” Just like in Gianini’s case, his spontaneous confession to police makes his crime look planned and well-executed. Medical experts using the Binet-Simon tests came to the conclusion that the man, Fred Tronson, “showed the the crude brutality of a somewhat lower grade defective.”
 
His lawyers told the jurors that one way or another Tronson would never be a free man again, and he was acquitted.
 
Around the same time, Roland Pennington, a diagnosed moron, stood trial in Pennsylvania for participating in the murder of the lover of a friend’s wife. The facts in his case clearly indicate he was only interested in helping his friend, who had kept after him for weeks to aid in the crime. Pennington expressed reluctance to kill, so his co-conspirator told him, “You start it, I’ll finish it.” After the actual killer promised to give him the “$1000 bill” the victim carried and explained that was a one followed by three zeroes, he agreed. When it turned out that the victim had only $14, Pennington did not complain but took $7 and a watch that he pawned for two bucks.
 
For his act he was convicted and executed.
 
After the verdict his jurors said they were loathe to convict the imbecile, but when presented with a binary choice of what they thought was liberty or death, they opted for death, not knowing that Pennington’s freedom was never a possibility.
 
Newspaper reports said that Pennington entered the death chamber barely able to stand, only walking with the aid of his guards and covering his eyes with his hands so he would not see the electric chair.

Momma’s Boys

May Bannister and Baby Betty

In early 1936 20-month-old Jackie Lake, son of a poor Canadian trapper and his common-law wife, died because he was too old.
 
His parents, Phil and Bertha Lake died because they also happened to have a 4-month-old daughter, Betty, whom a neighbor, May Bannister, needed for a bizarre blackmail scheme.
 
The Bannister family — May, the 43-year-old matriarch of the clan, her sons Daniel, 20, and Arthur, 19, and daughters Frances, 15, and Marie, 13 — lived in serious privation in a small house near a New Brunswick, Canada, town called Berry Mills. The father of the family had long since left for better climes.
 
May Bannister and her daughters eked out a living in this small town along the Trans-Canada Highway near Moncton by picking blueberries, while the two sons cut and sold firewood and trapped whatever animals they could find for food and fur.
 
“Often, they wandered the streets of Moncton looking for day-old bread,” wrote crime historian Max Haines in a 1996 column for the Letheridge (Alberta) Herald. “None could read or write. Both boys were of below average intelligence.”
 
The Lake family was not much better off. Haines reports that they lived in nearby Pacific Junction in a 260-square-foot home near a Canadian National railroad track and while Bertha cared for the two children, Phil worked in the woods and as a trapper.
 
On the morning of January 6, Otto Blakeny was out chopping firewood and, as was the custom of this trapper, he headed over to the Lakes’ shanty for some lunchtime conversation. Instead, Blakeny came across a scene that remains one of Canada’s most brutal and cold-blooded crimes.
 
There was nothing left of the two-room shack but its chimney; everything else had been destroyed by a fire. An overnight snowstorm had covered the smoldering ruins in a thick layer of fluffy snow, leaving a scene of eerie stillness.
 
Blakeny quickly discovered Phil’s snow-covered and badly burned body. His head and torso remained, but the heat of the blaze apparently had incinerated his limbs. Blakeny identified his friend from a pair of prominent gold teeth that had not been destroyed by the conflagration. The woodsman later said he was shocked to find that Phil, a brawny Canadian trapper, had been killed in the fire, as the house was so small. Rolling his friend over, Blakeny discovered what really killed his friend: a gunshot to the head.
 
“He scurried down the railway track toward the CNR office,” Haines wrote. “Tiny droplets of blood were clearly visible in the fresh snow. Every hundred yards or so there were larger blood smears, as if someone had fallen and risen, only to fall again.”
 
The trapper summoned the Royal Canadian Mounted Police from Mocton. Sgt. B.G. Peters of the Mounties took over the investigation, which was immediately concerned with finding the missing wife and children. Soon the bodies of Bertha and Jackie were found more than a quarter-mile away, nearly naked. Bertha had been killed by a blow to the head and Jackie was left to freeze to death.
 
“The snow beside the body was thrashed, giving mute evidence that, after dropping her son and falling herself, Bertha had made vain attempts to rise before dying alone in the snow,” Haines wrote.
 
Little Betty was nowhere to be found and the initial suspicion was that her body was completely consumed in the blaze.
 
There appeared to be no motive for the crime. The Lakes were not wealthy by any stretch of the imagination and there was little worth stealing from their shack. They had no known enemies and investigators were not sure this was a case of kidnapping. After all, kidnappers normally steal children for the ransom — at least that’s what the authorities in rural New Brunswick thought in the 1930s.
 
However, this was not a normal case.
 
Although a blizzard had come through and seemingly destroyed any trace evidence, a January thaw soon after the crime melted the top layer of fresh snow, revealing footprints frozen into the ice atop the older snow. The two sets of footprints were tracked through the thick woods, eventually discovering a mitten that was quickly traced to Daniel Bannister.
 
Emerson, Essays, CompensationWhen railroad workers told the Mounties they saw the two Bannister boys walking on the railroad tracks near the crime scene, investigators hurried to the Bannisters’ shack to ask some questions.
 
Daniel, Arthur and Frances, the oldest girl, all admitted being near the Lake homestead the night of the murders. The Bannister family alibied each other and told the Mounties that they never talked to the Lakes that night because they saw two strangers arguing with Phil.
 
“The police jumped at that,” reads an anonymous piece on the crime in a contemporary newspaper. “If the three were lying it was a stupid and reckless lie, because strangers…were almost unheard of and would attract about as much notice as an elephant walking through a city.”
 
Police scoured the area to find two strange men, not because the Mounties believed the Bannisters, but because it was an opportunity to set a trap for the family — at this point the Bannisters were all considered suspects. Cops quickly cleared the two strangers thanks to air-tight alibis, but brought Daniel, Arthur and Frances to see if they could identify the men.arthur_daniel_bannister
 
“Police the world over usually make such identifications as difficult as possible by lining the suspects up with a lot of other persons,” according to the news report. “This time they made it suspiciously easy by exhibiting the two men alone.”
 
The siblings identified the men as the ones seen arguing with Lake and headed home, “confident that they had pinned the crime on the two luckless strangers.” They were surprised to be met by the Mounties who had made a beeline to the Bannister home after catching the family in a lie. There they found a .22 caliber rifle.
 
Along with the gun the Mounties found a baby girl, just a few months old.
 
May Bannister gave an attempt to explain the baby, saying her name was “Thyra” and that she was delivered at home. May did not get a birth certificate for “Thyra,” she said, because the girl’s father was unknown.
 
Authorities managed to find several people who knew May and said she had appeared in Moncton before with a baby in a carriage, but they were unable to locate anyone who could admit getting a good look at the child. This, combined with the notion that it was ludicrous for May, a woman so poor her family had to scrounge for day-old bread, to kidnap a child simply to add another mouth to feed, raised suspicions. However, suspicion does not equal evidence.
 
Investigators did find one odd clue to the mystery while searching the Bannister shack: “A large and expensive ‘mama’ doll, which had been bought at Moncton around Christmas time and was supposed to be a present for Marie.” The doll had been deliberately rendered inoperable so as to make no noise.
 
It was not until ballistics matched the .22 rifle to the bullet that killed Phil that the Crown was confident enough to order arrests.
 
“Police were satisfied that the whole Bannister family was involved in kidnapping and murder but for a motive that seemed undiscoverable, and until they knew that motive, it was hopeless to bring them to trial,” an article in the American Weekly magazine reported at the time.
 
Questioned by police, Arthur had a ready explanation about the crime: Phil apparently made an improper advance toward 15-year-old Frances, prompting a fight that ended with Phil accidentally striking his wife with a piece of firewood and Daniel then crushing Phil’s skull with another piece. At the same time, an oil lamp was knocked to the floor, starting the fire.
 
“In a general way, Frances and Daniel backed up their brother’s story,” Haines wrote. “Daniel was taken into custody and charged with murder. Frances was held as a material witness.”
 
In the end it all boiled down to lust and greed. Still in search of that elusive motive, the Mounties questioned anyone who was connected in any way to the Bannisters, eventually finding two men who were intimately connected to May.
 
A Salvation Army worker named Milton Trites had been partially supporting the Bannisters since May’s husband left. In return for a little sex and some housekeeping chores, May received a monthly stipend from Trites. At the same time, May was doing the same for a railroad worker named Albert Powell, whom Haines describes as a part-time Sunday School teacher.
 
Not satisfied with the money she was making by selling herself, May created a plot to blackmail both Trites and Powell by telling each of them she was pregnant with his child.
 
“On the strength of these assertions,” reads a contemporary account, “each had given her contributions of money until after the baby was supposed to have been born.”
 
According to testimony at her trial, May’s plan began to unravel when the men asked to see the child. That’s where the expensive “mama” doll came in.
 
“Mrs. Bannister had obligingly pushed a baby carriage past their places of business,” according to one report, “permitting them a peep from the window at a tiny face almost hidden in blankets.”
 
That satisfied the men for a short time, but eventually both wanted more contact with the baby. May enlisted her children to kidnap Betty, which meant killing the rest of the family. The boys happily complied.
 
Frances Bannister was the star witness at the trial of her brothers and mother, having turned state’s evidence. She said they knocked at the door of the Lake house and Arthur went into the house. Lake was working on his traps, while Bertha and the children slept in the other room. Arthur placed the muzzle of his rifle against the back of Lake’s head and pulled the trigger, prompting Bertha to grab Jackie and run. One of the boys caught her and crushed her skull with the rifle. They left Jackie to die and returned to the house, taking Betty with them after starting a fire with kerosene.
 
Arthur and Daniel were convicted of murder and kidnapping and sentenced to hang, which happened for the pair on September 23, 1936. The brains behind the scheme, May, was just charged with harboring a stolen child and was sentenced to 3 1/2 years in prison. Frances was kept in the juvenile court system until her 18th birthday.
 
May did her time and, Haines reports, “returned to Berry Mills, where she was a rather feared curiosity until 1971, when she died of natural causes.”