Alcatraz: A Definitive History of the Penitentiary Years

by Michael Esslinger

  No penetrating wound or any viscus was found by considerable oozing of blood from the posterior surface of Omentum. The abdominal wound was then closed with drains into the sheath of the rectus muscle. During this procedure he was given intravenous glucose solution and when returned from the Operating Room his condition was considered fair considering everything, but the pulse was slow and weak. He continued to receive shock treatment and stimulation and some sedative to combat the pain, but by 2:00 P.M. his pulse was only 40 and very thready. He then appeared to rally a little and his pulse returned to 78 but still very small and weak. At about 3:00 P.M. he began to fail again with labored respiration and beginning cyanosis and in spite of continued efforts to relieve him of these symptoms, he died at 3:30 P.M. December 3, 1940, approximately six hours after the injury was received. The cause of death was surgical shock caused by a penetrating wound of the abdomen with internal injuries to the Omentum.

  The Associate Warden and myself were both present at the time of death.

  Alcatraz on Trial

  Federal Judge Michael Roche.

  Word of the murder spread fast, and newspapers quickly latched onto the story of McCain’s vicious act. In February of 1941, under heavy guard, Young was transferred to the Federal Court Building in San Francisco for his arraignment. Federal Judge Michael Roche was to preside over the case, and the acclaimed Federal Prosecutor, Frank Hennessy, stated from the beginning that he would seek the death penalty for Young. When Judge Roche asked Young if he wished the court to appoint an attorney for him, a soft-spoken Henri approached the bench and requested two young attorneys with no previous record of contributing to unfavorable convictions. Young stated: “I should like to have the court appoint two youthful attorneys of no established reputation for verdicts or hung juries.” Henri seemed to be contemplating his fate in an inappropriately lighthearted fashion. He joked that although the attorneys probably would not have a positive influence on his trial outcome, the case would at least provide them with some professional experience.

  Attorney Sol Abrams

  Attorney James MacInnis

  Henri Young seen in court, strategizing with attorneys James MacInnis (left) and Sol Abrams (right).

  Henri Young during his famous murder trial.

  Senior Correctional Officer Frank Mach is seen holding the murder weapons used by Young to kill Rufus McCain. Young used the thin-bladed knife to inflict the fatal wound.

  Roche conceded to Young’s request and appointed two youthful attorneys, former Assistant U.S. Attorney Sol A. Abrams, and James M. MacInnis, a recent graduate of Stanford University Law School. Young’s trial began in April of 1941, making front-page headlines. These two young attorneys would successfully weave a defense strategy which shifted the trial’s focus, presenting Henri not as a cold-blooded killer, but as a victim of the extreme conditions at Alcatraz. MacInnis would argue that Young could not be held responsible for his actions after having served three years and two months in the “most extreme isolation conditions. ” He stated that Young had been driven to slay McCain by an “irresistible impulse,” and that he had become “psychologically unconscious” as a result of his long stretches of inhumane confinement.

  The defense team called twenty-two inmates to testify on Young’s behalf. These witnesses would further strengthen Young’s case by listing allegations of horrible abuse and punishment. Among the many inmates to testify for Young were Harold Brest, who would himself attempt to escape from Alcatraz in 1943; Harmon Waley, a well-known inmate who was a principle architect of the famous Weyerhaeuser kidnapping; Burton Phillips, who in 1937 would had viciously attack Warden Johnston in the dining hall on Alcatraz, rendering him unconscious; William Dainard; James Grove; William Dunnock; Carl Hood; and Samuel C. Berlin, who would offer some of the most compelling testimony of all.

  Inmate Harold Brest during his transfer to the San Francisco courthouse to testify on behalf of Henri Young. Warden Johnston is standing on the left, and Bureau of Prisons Director James Bennett is on the right.

  Inmate Harmon Waley being led to court during the Young trial. Note Alcatraz Correctional Officer Phil Bergen on the right. The inmate on the far left with his head lowered is William Dunnock.

  During Harmon Waley’s testimony, the witness claimed that on one occasion he had been severely beaten by guards and thrown into the prison dungeon, simply for asking to be examined by a doctor and given medicine for an illness. Associate Warden Miller testified that Waley had been considered a troublemaker and had spent frequent periods in isolation for his insolent behavior. Inmate James Grove testified that he was driven insane by conditions at Alcatraz, and that he had to be transferred to the Springfield Medical Facility in a straight jacket. Harold Brest said Young had confided to him that “he couldn’t stop himself from doing what he had done,” and he also stated that in his opinion, the confining conditions at Alcatraz had contributed to the murder of McCain. Samuel Berlin claimed that many of the deaths that had occurred on Alcatraz had been the direct result of inmate conditions and treatment, specifically referring to inmate Ed Wutke, who had committed suicide.

  Young himself also took the stand, articulately emphasizing his time spent in isolation and the abuse he had suffered at the hands of guards. He alleged ghastly beatings by Associate Warden Miller, claiming to have lost several teeth in the assaults. These allegations proved frivolous, since prison records showed no teeth lost during the period in question, and only one tooth extraction performed at Young’s request in January of 1941. Young would further testify that he had been left to rot in the dark, damp, and moldy dungeon for weeks, without clothing, light, or running water.

  William Wesley Dunnock also claimed to have received beatings from Miller, and stated that he was aware of other inmates being abused – once again mentioning Ed Wutke, whom Defense Attorney Abrams later claimed was “driven to suicide” because of his “unbearable treatment” on Alcatraz.

  Associate Warden Miller testified that he had never assaulted Young, but that he had ordered him to isolation on several occasions due to his unruly conduct. Several witnesses came to testify on Miller’s behalf, stating that he always maintained Warden Johnston’s policy of proper and fair handling of the inmates. Further testimony was introduced to prove that Johnston had been one of the foremost advocates for inmate rights and rehabilitation. His record as Warden at Folsom and San Quentin supported his record of dedication to helping inmates reform. It was Johnston who had instituted work and educational programs for inmates at San Quentin and he had brought the same curriculum to Alcatraz. When Johnston was called to the stand, he vehemently defended the Alcatraz regimen. Johnston believed in strict but humane reform, later writing: “I believed that every human has some good spot, that I always tried to find that spot, and that I never closed the door of hope on any man.”

  Despite favorable evidence supporting Young’s just treatment by Alcatraz personnel, the jury proved sympathetic to the defense and delivered a verdict of “involuntary manslaughter.” The ruling enraged Judge Roche, who sternly voiced his displeasure with the jury’s decision. On May 3, 1941, Henri Young was given the maximum sentence of an additional three years. Henri attempted to show his gratitude to Judge Roche by thanking him for appointing the youthful attorneys. Young was sharply cut off by Roche, who hastily remarked to the prisoner and the court: “I have known Warden Johnston for 30-years. I’ve watched him work. He is a man most respected in this community. I’ve visited San Quentin and Folsom unannounced and found everything in order... Warden Johnston’s work is outstanding. He admits that he made a mistake letting you out of isolation, and letting you go to the prison work shop where you had a chance to murder.” Young listened with a coy smile, and then responded by asking, “That’s a rather perverse attempt to rehabilitate - don’t you think Judge?” Roche nearly rose out of his seat, looking sternly down at Young and stating: “Some men deserve sympathy, but you’re not one of those. You planned a cold and deliberate mur
der of an unfortunate human being.” Henri Young simply continued to smile.

  When the jury requested an investigation of the confinement practices at Alcatraz, Bureau of Prisons Director James V. Bennett released a powerful statement to the press. Many historians consider it as the most revealing commentary on the jury decision in the murder trial of Henri Young:

  Statement of James V. Bennett

  Director, Federal Bureau of Prisons

  May 4, 1941

  I am firmly convinced that the jury which tried Henri Young for murder of another inmate in the Alcatraz Penitentiary has been misled about conditions at the prison. It has been impressed by tactics which sought to free Young through disparaging and attacking a public institution performing humanely and intelligently a most difficult task of protecting the public from hardened and unregenerate criminals. Young has been described by former United States Attorney Simpson and Federal Judge Stanley Webster of Spokane, Washington, as "the worst and most dangerous criminal with whom they ever dealt" and as "one who would not hesitate to kill anybody who crossed his path." He has been permitted to go virtually unpunished on the basis of inferences and innuendoes made by inmates whose criminal records and life histories show them to be wholly unreliable and who were able to commit deliberate perjury with impunity since they could not be reached by any effective legal process. From such information as I have about the trial, it is apparent that the Jury had before it no first-hand information or reliable evidence as to the policies or methods followed in the management of the most difficult and desperate group of prisoners ever assembled.

  Alcatraz is now and always has been open to inspection and investigation by any qualified or properly commissioned person or groups. It has been inspected by Judges, Congressmen, penologists and qualified private citizens and has been approved as a modern and intelligent method of protecting the public from those desperate criminals who have proved themselves to be wholly intractable.

  The institution, for instance, was recently inspected by experts of The Osborne Association of New York, a private philanthropic organization devoted primarily to the investigation of prisons, and was pronounced by them as well managed and operated and as using no improper system of discipline. Members of the Appropriations Committee of Congress in the course of their examination of our estimates also recently inspected the institution and made no criticism of its methods or operations.

  I have visited Alcatraz frequently as have various members of our staff and know personally most of the inmates, including Young. As a matter of fact, I have on several occasions personally interviewed Young and done everything possible to obtain his cooperation. I have never found or had called to my attention any authentic case of brutality or inhumanity at Alcatraz.

  Corporal punishment is prohibited in all the Federal penal institutions including Alcatraz. We stand on our record as the most modern and humane penal system in the world. I have every confidence in Warden Johnston. He is a just, humane, and intelligent prison warden capably performing the most difficult job any warden was ever asked to assume. The entire institutional staff has consistently displayed their courage, patience, and devotion to the public service. They deserve the support of every fair-minded citizen whose homes and safety they have helped to protect.

  The statements made by the prisoners so far called to my attention have already been carefully investigated by the Department [of Justice] and found to be wholly unfounded. When, however, a transcript of the testimony has been received, it will be carefully gone over as in every other case, and if any evidence or facts are found showing brutal or inhuman treatment, vigorous corrective measures will be taken.

  Following the trial, Henri Young continued to be a difficult and violent inmate. He would serve several more years in solitary confinement, and he remained insolent toward fellow inmates and staff. One year after the trial, prison staff members started documenting the unusual behavior exhibited by Young. A report filed by Chief Medical Officer Romney M. Ritchey on May 14, 1942 states in part:

  The above captioned inmate who has been in D-Block for some time began showing peculiar conduct last night. The officer on-duty reported that about 5:00 p.m. he started tearing up all of his papers, mostly those he had prepared for Correspondence Courses, etc... He refused to speak to the Officer when addressed. Then he rolled up his mattress and placed it near the back of his cell and sat down on it with his head in his arms and back to the front of his cell...

  The staff on Alcatraz noted that Young had taken an interest in psychology, but they couldn’t be sure whether his new behavior resulted from a legitimate mental disorder, or was simply contrived. There were several documented episodes when Young was found sitting for several days in a near catatonic state, not moving, and refusing to eat meals delivered to his cell. Over the years this condition seemed to worsen, with an increase in the frequency of the sporadic episodes, which usually lasted for a few days. Nevertheless, he continued to be an incorrigibly difficult inmate.

  On April 11, 1944, Young instigated a bitter fistfight with inmate Joe Cretzer, who would later murder a correctional officer and injure several others during the escape attempt of 1946. Then on February 27, 1945, inmates Rufus Franklin and Willis Coulter attacked Young in the recreation yard, inflicting a minor stab wound to his back. The inmates had used a kitchen knife that had been sharpened into a dagger. Young remained hospitalized until March 8, 1945, with a puncture wound that went deep into his scapula. Following his release from the hospital, he was returned to D Block. When interviewed regarding the attack, Young would offer no reason for his conflict with Franklin and Coulter.

  A disciplinary report describing a fight between Henri Young and Joseph Cretzer. Cretzer, one of the primary conspirators of the 1946 “Battle of Alcatraz,” would die during the failed escape attempt.

  Willis Coulter

  A letter describing Young’s condition after he was found with self inflicted wounds, following an attempt to sever his Achilles tendons.

  Young’s mental condition continued to deteriorate. In June of 1948 he was admitted to the hospital, where “he postured, stared, and didn’t talk to personnel, but talked with other inmates.” Although his condition was considered suspect, Warden Swope finally received orders to transfer Young to the Springfield Medical Facility for the duration of his prison term, and he was sent there on September 13, 1948. The staff at Springfield conducted exhaustive examinations, but they were unable to render an accurate diagnosis or to determine whether he was feigning his illness. Throughout his stay at Springfield Young was considered a model inmate, and he seemed to adjust well to his new environment.

  When Young’s Federal sentence expired in 1954, he was turned over to the Washington State Penitentiary at Walla Walla to begin a life sentence for an earlier murder conviction. A special progress report dated September 2, 1954 indicates that Young was already planning for his release and intended to work for a trucking company in Kansas as a shipping clerk. Young was finally paroled in 1972. He subsequently violated his parole by failing to report his status and despite comprehensive searches, Henri Young disappeared and was never to be seen again. Young’s attorney James MacInnis, along with his wife would die tragically in a fatal car accident in 1979.

  Henri Young in 1954.

  One of the last known images of Young taken in November of 1970.

  The Hollywood Version

  Hollywood Actors Kevin Bacon (Young) and Christen Slater (Young’s attorney), in a fictionalized version of Young’s trial portrayed in the Warner Brothers motion picture Murder in the First.

  Fifty years after Young’s trial, Warner Brothers Motion Pictures released a powerful drama that claimed to chart the true story of Henri Young, and was entitled Murder in the First. The film would succeed in making Young a legend, but it would not present an accurate portrayal of his life and crimes. The film itself was a great dramatic achievement for the filmmakers, but the script written by Dan Gordon was almost wholly fiction
al. Henri Young’s own autobiographical writings, in which he describes his adolescence and his descent into a life of delinquency, fully contradict the movie’s portrayal of him as a teenaged orphan sentenced to Alcatraz for stealing $5 from a grocery store in order to feed his starving sister.

  The film featured some of the industry’s most prominent filmmakers and actors. The executive producer was David L. Wolper, who had previously produced such films as Willy Wonka and the Chocolate Factory and the first documentary ever nominated for an Academy Award, The Race for Space. Director Marc Rocco was a young visionary who successfully captured the depth and darkness of the prison. Seasoned actor Kevin Bacon starred as Henri Young in a chilling portrayal, and Christian Slater played his principled and idealistic young attorney. The film also featured actor Gary Oldman in the role of the Warden of Alcatraz.

  Shooting for the film began in 1994. During the thirteen-week shooting schedule, the production team for Murder in the First spent more than two weeks on Alcatraz to complete the interior and exterior shots. The logistics of filming on location at Alcatraz also proved challenging for Rocco and his crew. The whole company had to be brought over on boats and barges and the actors’ dressing rooms were the actual hospital ward cells once occupied by inmates. Using photographs from the penitentiary era as a reference, crews repainted sections of the cellblock to resemble its original state. The cinematographer’s visual plan was to create a design in which images would emerge from a stark and desolate landscape. The Alcatraz dungeons were re-constructed for the film on soundstages in Los Angeles, as were the courtroom sets.