Brooke Hart
Encyclopedia
Brooke Hart was the oldest son of Alexander Hart, the owner of L. Hart and Son Department Store in San Jose, California
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...

. His kidnapping and murder was reported throughout the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, and the lynching
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...

 of his alleged murderers, Thomas Harold Thurmond and John M. Holmes (sometimes erroneously referred to as the last public lynching in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

), sparked political debate.

When Hart's body was discovered in San Francisco Bay on the morning of November 26, 1933, word spread instantly throughout northern California. All day long, radio stations announced that a lynching would take place in St. James Park across from the Santa Clara County Courthouse at 9:00 p.m. on Sunday, November 26, 1933, four days before Thanksgiving. The lynching was broadcast as a 'live' event by a Los Angeles radio station. Scores of reporters, photographers, and news camera operators had rushed in with an estimated 5,000 to 15,000 (other reports where 3,000-5,000) men, women, and children to witness the lynching. When newspaper published photos of the lynching, identifiable faces were deliberately smudged so that they remained anonymous. On Monday, November 27, 1933, the day after the lynchings, Northern California newspapers published 1.2 million copies, twice the normal daily production.

Hart had worked in his family's department store
Department store
A department store is a retail establishment which satisfies a wide range of the consumer's personal and residential durable goods product needs; and at the same time offering the consumer a choice of multiple merchandise lines, at variable price points, in all product categories...

 during much of his youth, and was well-known and liked by the local community. After he graduated from Santa Clara University
Santa Clara University
Santa Clara University is a private, not-for-profit, Jesuit-affiliated university located in Santa Clara, California, United States. Chartered by the state of California and accredited by the Western Association of Schools and Colleges, it operates in collaboration with the Society of Jesus , whose...

, his father made him a junior vice president in the store and began grooming him to take over when he retired. Hart was considered one of the most desirable bachelors in the Bay Area
San Francisco Bay Area
The San Francisco Bay Area, commonly known as the Bay Area, is a populated region that surrounds the San Francisco and San Pablo estuaries in Northern California. The region encompasses metropolitan areas of San Francisco, Oakland, and San Jose, along with smaller urban and rural areas...

.

Kidnapping and murder

On the afternoon of Thursday, November 9, 1933, the 22-year-old Hart was kidnapped while retrieving his Studebaker
Studebaker
Studebaker Corporation was a United States wagon and automobile manufacturer based in South Bend, Indiana. Founded in 1852 and incorporated in 1868 under the name of the Studebaker Brothers Manufacturing Company, the company was originally a producer of wagons for farmers, miners, and the...

 roadster from a downtown San Jose
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...

 garage. He was driven in the car by his captors to what is now Milpitas
Milpitas, California
Milpitas is a city in Santa Clara County, California. It is a suburb of the major city of San Jose, California. It is located with San Jose to its south and Fremont to its north, at the eastern end of State Route 237 and generally between Interstates 680 and 880 which run roughly north/south...

. There they abandoned the Studebaker for another car, drove to the San Mateo-Hayward Bridge, where Hart was hit over the head with a concrete block and dumped into San Francisco Bay
San Francisco Bay
San Francisco Bay is a shallow, productive estuary through which water draining from approximately forty percent of California, flowing in the Sacramento and San Joaquin rivers from the Sierra Nevada mountains, enters the Pacific Ocean...

. At the time, the tide was out and there was only a few feet of water at the base of the bridge, so Thurmond and Holmes shot Hart, killing him. A few hours later, the Hart family was telephoned by Thurmond and Holmes, who demanded $40,000 for Hart's return, with further instructions to follow.

Hart had been kidnapped at the exit of the parking lot behind the family department store. A half hour later, a mother and daughter on a farm immediately south of Milpitas, California, about seven miles east of San Jose watched as a Studebaker President Convertible Roadster with two men in it stopped near their barn. Their description of the man driving, slender with light colored hair, matched the description of Brooke Hart, as did the Studebaker as his car. Moments later, a long-hooded dark sedan with four men in it skidded to a stop, and Brooke Hart was placed in the larger car with the four men and driven off. A fifth man followed in the Studebaker. Later that night, a man living in Milpitas reported that his wife had seen an abandoned convertible left with its lights on outside their home. The car was Brooke Hart's.

At 9:30 the same night, Miriam Hart, Hart's youngest sister, answered the telephone and was informed by a "soft-spoken man" that Hart had been kidnapped and that instructions for his return would be provided later. At 10:30, what sounded like the same man called and informed Miriam that her brother would be returned upon payment of $40,000. Delivery instructions would be provided the next day. However, the family was not contacted again until the following Monday, when a card, postmarked in Sacramento, arrived in the mail at the family department store. It instructed Hart's father, Alex Hart, to have a radio installed in the Studebaker (which already had a radio), because the ransom instructions would be broadcast over NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...

 radio station KPO. The kidnapper also instructed Alex Hart to be ready to drive the Studebaker to deliver the ransom, but Alex Hart had never learned to drive.

On Tuesday, a second ransom note arrived, again postmarked in Sacramento. It instructed Alex Hart to place the ransom in a black satchel and drive to Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

. That night, Alex Hart took a call from a man claiming to be his son's kidnapper who instructed him to take the night train to Los Angeles. The FBI staked out the train station and mistakenly arrested a bank teller out for an evening stroll. The next day, a sign was placed in a window of the Hart store stating that Alex Hart did not drive. A call was received that night again demanding that Alex Hart drive to deliver the ransom. Hart demanded proof that his son was with the caller. The caller stated that Brooke Hart was being held at a safe location. Because a phone tap had been placed on the Hart telephone, the call was traced to a garage in downtown San Jose, but the caller was gone by the time the authorities arrived.

Another ransom demand arrived the following day, November 15, again ordering Alex Hart to drive with the ransom. That night, another call was received and the demand that Alex Hart drive was repeated. The sheriff arrested Thomas Harold Thurmond near a pay phone in a parking garage 150 feet from the San Jose Police station at about 8 p.m. At 3:00 a.m., Thurmond, after hours of questioning, signed a confession in which he claimed to have bound Brooke Hart with wire and tossed him off the San Mateo Bridge into San Francisco Bay some time between 7:00 and 7:30 on the night of the kidnapping. He identified a recently unemployed salesman separated from his wife and two children as his accomplice. Jack Holmes was arrested in his SRO
Single Room Occupancy
A single room occupancy is a multiple-tenant building that houses one or two people in individual rooms , or to the single room dwelling itself...

 room at the California Hotel near the San Jose Police station at 3:30 a.m.

Early in the morning, because of lynch threats, the Santa Clara County sheriff moved Thurmond and Holmes to the Potrero Hill police station in San Francisco for safekeeping. At 1 o'clock the next afternoon, Holmes signed a confession admitting that he and Thurmond kidnapped Hart and threw him into San Francisco Bay
San Francisco Bay
San Francisco Bay is a shallow, productive estuary through which water draining from approximately forty percent of California, flowing in the Sacramento and San Joaquin rivers from the Sierra Nevada mountains, enters the Pacific Ocean...

. Later, the Santa Clara County District Attorney advised the press that, unless corroborated by independent evidence of the crime, confessions by Thurmond and Holmes in which each blamed the other for the crime were not admissible in a court of law.

The San Jose Police, the Santa Clara County
Santa Clara County, California
Santa Clara County is a county located at the southern end of the San Francisco Bay Area in the U.S. state of California. As of 2010 it had a population of 1,781,642. The county seat is San Jose. The highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley...

 Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

s office, and the U.S. Division of Investigation (the forerunner of the FBI) were quickly brought into the case. Hart's wallet was discovered in San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...

, on the pier where the daily passenger ship to Los Angeles
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...

 had just departed. The ship was stopped and searched upon arrival, but nothing was found.

Police officers from Santa Clara County, San Mateo County
San Mateo County, California
San Mateo County is a county located in the San Francisco Bay Area of the U.S. state of California. It covers most of the San Francisco Peninsula just south of San Francisco, and north of Santa Clara County. San Francisco International Airport is located at the northern end of the county, and...

, and Alameda County
Alameda County, California
Alameda County is a county in the U.S. state of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2010 census it had a population of 1,510,271, making it the 7th most populous county in the state...

 began searching the bay around the bridge, hoping to find Hart's body. On November 26, two duck hunters from Redwood City
Redwood City, California
Redwood City is a California charter city located on the San Francisco Peninsula in Northern California, approximately 27 miles south of San Francisco, and 24 miles north of San Jose. Redwood City's history spans from its earliest inhabitation by the Ohlone people, to its tradition as a port for...

 discovered a badly decayed and crab-eaten body about a mile south of the bridge. Hart's body was identified by one of his friends later that day.

Thurmond and Holmes' lynching

Meanwhile, local newspapers reported that Holmes and Thurmond had met with psychiatrists and would attempt to plead not guilty by reason of insanity. An angry crowd gathered in St. James Park, across the street from the county jail where the two men were being held. Sheriff William Emig contacted Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...

 James Rolph
James Rolph
James “Sunny Jim” Rolph, Jr. was an American politician and a member of the Republican Party. He was elected to a single term as the 27th governor of California from January 6, 1931 until his death on June 2, 1934 at the height of the Great Depression...

, asking that the National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...

 be deployed to protect the prisoners. Rolph refused. Upon learning of rumors of a possible insanity plea on the part of Thurmond, law enforcement authorities directed two psychiatrists from Agnews State Mental Hospital in Santa Clara, California to examine both Thurmond and Holmes to preclude such a defense. Following cursory examinations in their cells at the Santa Clara County jail in San Jose, with a mob outside in the jail courtyard, both men were declared sane.

It was reported that Sheriff Emig had asked Governor Rolph to call out the National Guard, and that the governor declined. Upon payment of $10,000 cash by the father of Jack Holmes—an astonishing sum in 1933—San Francisco attorney Vincent Hallinan agreed to represent his son. With a volatile mob increasing day and night outside the jail, on the Saturday before what turned out to be the day of the lynching, Hallinan called Rolph and asked that he call out the National Guard should an effort be made to lynch his client. Rolph retorted that he would "pardon the lynchers". Later the same day, he informed shocked reporters that he would refuse to dispatch the Guard.

Early the next morning, Sunday, two duck hunters found the badly decomposed body south of the San Mateo Bridge near Hayward, California. Word went out immediately throughout northern California. Incessantly throughout the day and into the evening, radio stations issued inflammatory announcements that a lynching would occur that night in St. James Park in San Jose. By 9:00 p.m., a mob estimated by the press to range anywhere from 5,000 to 15,000 men, women, and children were jammed into the park, with an estimated 3,000 abandoned vehicles left on streets nearby. Governor Rolph was in regular telephonic communication with Raymond Cato, whom he had appointed to head the California Highway Patrol. Cato was ensconced in the home of a Rolph political ally and neighbor in the mountains west of San Jose with an open phone line to the jail. As the assault on the jail commenced about 9:00 p.m., Governor Rolph canceled a planned trip to the Western Governors' conference in Boise, Idaho to prevent his chief political rival, Lieutenant Governor Frank Merriam
Frank Merriam
Frank Finley Merriam was an American politician who served as the 28th governor of California from June 2, 1934 until January 2, 1939...

, from calling out the National Guard to stop the lynchings.

By midnight, November 27, thousands had gathered outside the jail, while the sheriff's deputies fired tear gas into the crowd in an attempt to disperse them. However, the crowd became angrier and larger. The nearby construction site at the post office (intended to replace the previous post office, which is now the San Jose Museum of Art
San Jose Museum of Art
The San Jose Museum of Art is an art museum in Downtown San Jose, California, USA. Founded in 1969, the museum hosts a large permanent collection emphasizing West Coast artists of the 20th- and 21st-century. It is located next to the Circle of Palms Plaza and Plaza de César Chávez...

) was raided for materials to make a battering ram. Emig ordered his officers to abandon the bottom two floors of the jail, where Thurmond and Holmes were being held. The mob, by this time estimated at 6,000-10,000 (other reports are of 3,000-5,000), stormed the jail, took Holmes and Thurmond across the street to St. James Park, and hanged them. Child movie star Jackie Coogan
Jackie Coogan
John Leslie Coogan , known professionally as Jackie Coogan, was an American actor who began his movie career as a child actor in silent films. Many years later, he became known as Uncle Fester on 1960s sitcom The Addams Family...

, a friend of Brooke Hart from Santa Clara University, was reported to be one of the mob that prepared and held the rope for lynching.

According to the San Francisco Chronicle, on December 2, after a special meeting of the city council heard testimony in support of leaving the tree as a monument and warning to evil doers, the council approved the cutting down of the cork elm by city workers. Police were required to keep off a crowd of souvenir hunters seeking a twig or branch of the infamous "gallows tree", the bark and lower branches having been hacked and stripped for mementos.

Impact of the case

Governor Rolph praised the action, stating that California had sent a message to future kidnappers, and promised to pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...

 anyone involved in the lynching. However, Rolph died on June 2, 1934, before any charges had been filed in the case. Alameda County District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...

 Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...

 was the strongest supporter of prosecution for the lynching; eventually seven people were arrested for the lynchings, but none were convicted. In 1934, the Nazis
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...

 used photographs of the lynchings as propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....

 to show that lawless mobs in America were supporting the interests of Jews -- Brooke Hart's father was Jewish, his mother Catholic.

In the aftermath of the lynching, Governor Rolph was publicly condemned by former President Herbert Hoover
Herbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...

, then at Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...

 in Palo Alto, California
Palo Alto, California
Palo Alto is a California charter city located in the northwest corner of Santa Clara County, in the San Francisco Bay Area of California, United States. The city shares its borders with East Palo Alto, Mountain View, Los Altos, Los Altos Hills, Stanford, Portola Valley, and Menlo Park. It is...

. Rolph struck back instantly, accusing Hoover of calling out the U.S. Army against the World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 "Bonus Marchers
Bonus Army
The Bonus Army was the popular name of an assemblage of some 43,000 marchers—17,000 World War I veterans, their families, and affiliated groups—who gathered in Washington, D.C., in the spring and summer of 1932 to demand immediate cash-payment redemption of their service certificates...

" who had gathered in Washington, D.C. in 1932 to protest lack of assistance to the veterans of that war. President Roosevelt also condemned the lynching, although subsequent Congressional attempts to outlaw lynching were defeated.

Holmes's parents sued Governor Rolph for his role in the lynching of their son, but the suit was dropped when the governor died of a heart attack in 1934. Thurmond's family took no action on his behalf and reportedly never again spoke about the matter amongst themselves. One young man was charged with the lynching after he publicly claimed credit for their deaths, but the charges were dropped. The Santa Clara County Grand Jury met the following year, but despite literally thousands of witnesses, sources of reporters, and hundreds of photographs, the grand jury found that no witnesses could identify anyone from the lynching, so no charges were filed.

The lynching was unique in American political and criminal justice history because it marked the first time that a lynching was a media event. It was also unique because of the political involvement of a state governor and the eager conspiracy by civic and business leaders and law enforcement (including the FBI) to lynch two men who had not been indicted, arraigned, tried, or sentenced for the crime in a court of law.

Films

At least four films have been made based on this story:
  • Fury
    Fury (1936 film)
    Fury is a 1936 American drama film which tells the story of an innocent man who narrowly escapes being lynched and the revenge he seeks. Directed by Fritz Lang, the film was released by Metro-Goldwyn-Mayer and stars Spencer Tracy, Sylvia Sidney and Bruce Cabot and features Walter Abel, Edward...

    (1936)
  • The Sound of Fury (1950)
  • Night Without Justice (2004)
  • Valley of the Hearts Delight (2006)

External links


Further reading

  • Harry Farrell, Swift Justice: Murder and Vengeance in a California Town, 1992, ISBN 0-312-08901-5
  • John D. Murphy, Jury Rigging in the Court of Public Opinion, 2007 ISBN 978-1-4303-2607-6
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