Jack Gilbert Graham
At
6:52 p.m. on November 1, 1955 United Air Lines Flight
629, a DC-6B with forty-four persons aboard, took
off from Stapleton Airport, Denver, Colorado, bound
for Seattle, Washington. Eleven minutes later, the
thirty-nine passengers, including an infant and five
crew members, were dead -- killed instantly when
the luxurious airliner crashed on a sugar beet farm
near Longmont, Colorado.
Upon
learning of the disaster, an official of the Federal
Bureau of Investigation (FBI) immediately offered
the services of the Bureau's Identification Division
in identifying the victims of the tragedy. Fingerprint
experts were dispatched from Washington, D.C., by
plane, arriving at the scene of the crash on November
2.
As
the bodies were recovered, they were taken to Greeley,
Colorado, and placed in a temporary morgue set up
in the National Guard Armory. Upon the arrival of
the FBI fingerprint experts, they learned that nine
of the bodies had been identified by relatives and
friends or by personal effects and had been removed
from the armory. The remaining thirty-five bodies
were fingerprinted and twenty-one, or 60% of those
fingerprinted, were positively identified with fingerprints
contained in the vast files of the FBI.
All
of the twenty-one persons thus identified had been
fingerprinted for various reasons during their lifetime
and their fingerprints filed with the more than 109
million other sets in the civil section of the FBI
fingerprint files. A husband and wife from Canada
were identified with fingerprints taken when they
had applied for U.S. naturalization in September,
1954. The crew members were identified with fingerprints
forwarded to the FBI by United Air Lines officials;
five passengers were identified with fingerprints
taken during their service in the Air Force, Army,
and Navy; six had been fingerprinted by reason of
employment in defense plants during World War II,
two had been U.S. Government employees; and one victim
had been fingerprinted in 1941 and had requested
that his fingerprints be placed in the FBI files
for personal identification.
Among
the fourteen victims printed and not identified by
fingerprints, two were men and twelve were women.
All of these were subsequently identified by relatives
or personal effects.
While
the bodies of the crash victims were thus being identified
on November 2 and 3, Agents of the Denver Office
of the FBI were maintaining close liaison with personnel
of United Air Lines and the Civil Aeronautics Board
who were investigating the tragedy. The Civil Aeronautics
Board was advised that the full facilities of the
FBI Laboratory were available if the investigators
desired to use them in the initial stages of their
probe. At the request of the Civil Aeronautics Board,
a laboratory expert was sent to the scene on November
2, and in conjunction with Civil Aeronautics Board
investigators he conducted a visual examination and
collected pieces of wreckage between November 2 and
7. In this manner it was learned that the tail section
of the plane had been cleanly severed from the rest
of the plane as though cut with a knife and had fallen
with only minor damage at a point approximately one
and one-half miles from the place where the engines
and nose section of the plane had also hit the ground
in an almost whole condition. Wreckage from the middle
section of the plane was widely scattered over, and
behind, the intervening area between the tail and
forward sections. During the period between November
2 and November 7, a minute and detailed examination
of all parts of the wreckage was also made by engineers
of United Air Lines, the Douglas Aircraft Corporation,
and other private manufacturing concerns, but no
possible cause of an explosion due to malfunction
of any part of the plane was located by the examiners.
On
November 7, 1955, the Chief of Investigations of
the Civil Aeronautics Board officially stated that
there were indications of sabotage. At the same time,
he asked the FBI to institute an appropriate criminal
investigation of the crime which had taken forty-four
lives. An active investigation was undertaken by
the FBI on November 8, the necessary Agents being
assigned to the case on a full-time basis. Specific
assignments were made for these Agents to correlate
information from eye witnesses to the crash and employees
handling the plane prior to the crash; to trace all
cargo, mail and baggage on the plane; to initiate
and conduct background investigations of all passengers
and crew members on the plane, and to supervise and
conduct searches of the wreckage and recovered baggage
or personal effects for possible evidence and investigative
leads.
Between
November 2 and November 5, 1955, four teams of interviewers,
each consisting of Civil Aeronautics Board and United
Air Lines officials or employees, had interviewed
approximately 200 individual occupants of a 140-square-mile
area surrounding the scene of the crash. Information
furnished by 37 of these persons was considered of
possible value and was reduced to signed statements.
These statements were made available to the FBI upon
initiation of the active investigation, and a complete
review disclosed that an initial explosion had occurred
while the plane was operating in an apparently routine
manner. The explosion appeared to have been of tremendous
force, causing fiery streamers to fall from the plane.
A flare, which was normal equipment carried on the
plane, had separated from the plane, ignited, and
descended slowly to earth. A second explosion, probable
of one or more fuel tanks, had occurred when the
engines and forward compartment of the plane struck
the ground.
An
additional witness, a control tower operator at Stapleton
Airport, later said that he had observed the flash
of light and the flare at exactly 7:03 p.m. Civil
Aeronautics Board officials placed the location of
the explosion at approximately eight miles east of
Longmont, Colorado, and at a calculated altitude
of 10,800 feet above sea level or 5,782 feet above
the terrain.
In
order to properly organize and record the recovery
of the wreckage and possible evidence, a surveyor
had been hired to plot and mark a "base line" through
the scene of the crash and in the approximate direction
of the line of flight. Perpendicular lines had then
been established at intervals of 1,000 feet on the
base line, extending 1,000 feet from the base line.
This divided the entire area into 1,000-square-foot
plats or grids. A complete and exhaustive search
of the area was then conducted, and as each piece
of wreckage or material was recovered and removed,
it was marked for identification and the location
in which it was found was measured and recorded in
relation to the boundaries of the plat. All material
possible connected with the plane was recovered from
the platted areas; however, hunters and other persons
continued to report the finding of mail and insulation
from the plane, and on November 13, 1955, an additional
area extending up to three miles behind the point
where the tail section had fallen was minutely searched
by ten FBI Agents and ten employees of United Air
Lines. At the same time, the wreckage which had been
previously collected by United Air Lines employees
was re-examined by Agents for any possible parts
or remains of a bomb.
All
recovered wreckage from the central portion of the
plane, as well as all baggage, cargo, and personal
effects, was taken to a large warehouse at Stapleton
Airport and placed under guard. All mail was turned
over to postal inspectors at the time of recovery,
but was made available by the inspectors for further
examination where desired. At the warehouse, a full-size "mock-up" of
the central section of the plane was made of wood
and wire netting and all parts of the plane were
wired to the "mock-up" in their proper
places, as in the assembly of a giant jigsaw puzzle.
Upon completion of the "mock-up" assembly,
the chairman of the Structure Investigating Committee
of the Civil Aeronautics Board and a Douglas Aircraft
Corporation engineer agreed that an explosion had
occurred at station 718 in the rear cargo pit, designated
as cargo pit number four. This point of explosion
was further pinpointed as being almost directly across
the cargo compartment from the cargo loading door.
These conclusions were based on the fact that the
stringers at this point had failed in outward bending
and pieces of heavy fuselage skin recovered and fitted
into the area had been shattered into small pieces.
Pieces of material from this area of the plane embedded
in shoes contained in luggage and in air freight
known to have been carried in cargo pit number four
further indicated an explosion of tremendous force.
Near station 718, gray and black soot-like deposits
were noted on several of the skin fragments adjacent
to and within the roughly circular area. The central
portion of the floor beam above the cargo pit contained
similar deposits on the aft side; however, none were
noted on the forward side.
Copies
of waybills for all air freight shipments on the
plane were obtained from United Air Lines. By checking
these waybills against pieces of the shipments recovered,
the contents, or a portion of the contents, of all
such shipments were identified. Nothing of an explosive
or particularly inflammable nature was determined
to have been included in the air freight shipments
on the plane. It was also learned that upon arrival
at Denver, all cargo and freight carried in pit four
had been removed to the forward cargo pit, and at
the time of the crash, cargo pit number four had
contained only baggage and cargo loaded other flights
as well as all cargo and baggage which had originated
at Denver.
During
the terrain and wreckage search, five small fragments
of sheet metal were found which could not in any
way be identified with parts of the plane or known
contents of the cargo. The fragments appeared to
be badly burned and scarred and to be coated with
a gray soot-like deposit which might normally be
associated with residue from an explosion. One side
of one of the fragments was red in color and bore
the blue letters "HO." Although it was
not known at this time that these fragments were
significant, an extensive effort was made to identify
them in the belief that they might have come from
a destructive device of some nature. The fragment
bearing the letters "HO" was eventually
identified as a portion of the metal side of a six-volt
battery of the type later determined to have been
used as the detonating device of the bomb which had
brought death to the forty-four persons aboard the
plane.
An
examination of fragments and pieces of wreckage recovered
from the crash scene by the FBI Laboratory revealed
them to possess foreign deposits ranging in color
from white to very dark gray. These deposits were
found to consist mainly of sodium carbonate, although
nitrate and sulfur compounds were present. FBI Laboratory
technicians advised that available dynamite consist
of nitroglycerin with varying amounts of sodium nitrate,
sulfur, and other materials. The only solid residue
to be expected from the explosion of available dynamite
is a mixture of sodium carbonate, sodium nitrate,
and sulfur-bearing compounds. The initial summary
of this information indicating the probable use of
dynamite was first furnished to the Denver Office
by the FBI Laboratory on November 13, 1955.
As
the investigation progressed, efforts were pursued
to develop complete background data on each of the
forty-four individual victims, as well as any possible
motive that anyone might have had for commission
of homicide against them. Similar investigations
were initiated on all persons who had originally
held reservations for the flight but had canceled
them shortly before the flight or failed to report
for the flight at any of the stops made earlier.
All
offices conducting background investigations of the
passengers were requested to obtain descriptions
of the luggage they carried, as well as the probable
contents of the luggage, in order that the material
recovered could be identified with the individual
victims. The purpose of requesting this information
was so that by a process of elimination the owners
of the luggage which was most severely damaged, or
coated with the foreign residue, could be determined.
A considerable quantity of personal effects of passenger
victim Daisie E. King was recovered form the wreckage
and closely examined by the Agents. This material
included a number of personal letters, newspaper
clippings about her family, a personalized checkbook,
$1,000 in traveler's checks, an address list, and
two keys and a receipt for safety deposit boxes rented
by Mrs. King. These articles revealed considerable
information about the background of Mrs. King. One
of the newspaper clippings reflected that her son,
Jack Gilbert Graham, had been charged with forgery
by the Denver County District Attorney and had been
placed on the local "most wanted" list
by that office in 1951. From the fact that most of
these personal effects of Mrs. King were found on
or near her body, it was apparent that she had been
carrying them in her personal handbags at the time
of the crash rather than in her luggage. Despite
careful searching, practically none of the contents
of Mrs. King's luggage was recovered, and only small
bits of the suitcases believed to belong to her were
found.
Immediate
effort to determine the identity of passengers on
which large amounts of trip insurance had been obtained
revealed that six passengers had a maximum of $62,500
of such insurance; four had $50,000; two had $37,500;
one had $35,000; two had $12,500; and two had $6,250.
Because of a holiday weekend, however, a complete
check of all companies writing such insurance was
not possible at once, and among policies located
later were three on the life of Daisie E. King. During
a thorough search of the home of Jack Gilbert Graham
on November 13, 1955, a duplicate travel insurance
policy on the life of his mother, Mrs. King, in the
amount of $37,500, was found hidden in a small cedar
chest in a bedroom of the Graham home. The original
of this policy, with designated beneficiary as Jack
G. Graham, was later located and made available by
the insuring company, as well as two additional policies,
each in the amount of $6,250, on the life of Mrs.
King, with designated beneficiaries being her daughter
and her one living sister.
During
the investigation into the background of the passengers
boarding the plane at Denver, particular emphasis
was placed upon the background of Mrs. Daisie E.
King and her relatives. It was learned that upon
the death of his mother, Jack Graham was to receive
a substantial inheritance. It also became known that
Mrs. King and Jack had frequently quarreled over
insignificant differences. During his early life
Jack had lived with relatives on several occasions,
and he had actually "left home" when he
was approximately sixteen years old. Another person
interviewed, one who had business associations with
Mrs. King and her son through their operation of
a drive-in restaurant in Denver, volunteered the
information that Mrs. King continually had trouble
with Jack over operation of the restaurant; that,
in fact, they "fought like cats and dogs";
that the restaurant building had been damaged by
an explosion at one time; that Jack Graham may have
been taking money from the receipts of the business;
that Graham had once told him that he performed demolition
work in the U.S. Navy, and that Graham had recently
purchased a new truck and wrecked it in a possible
attempt to collect insurance.
Another
individual expressed essentially the same suspicions
about the past activities of Jack Graham. This person
further advised that the wrecking of Graham's truck
was due to its being stalled on a railroad track
where it was hit by a train sometime in 1955. He
also advised that a local supply concern held a $1,000
note signed by Graham and secured by equipment of
the drive-in restaurant.
The
extensive records of the Denver County Probation
Department relative to Jack Gilbert Graham were thoroughly
reviewed on November 10, 1955. These records revealed
that Graham had been employed as a payroll clerk
at a manufacturing concern in Denver in March, 1951,
at which time he had stolen a number of blank checks
and used a company check protector in filling out
some forty-two of them for $100 each, after which
he had forged the name of the company owner and cashed
the checks at various business in Denver. He had
received approximately $4,200 in cash and immediately
spent approximately $2,000 for a late-model convertible
automobile in which he left Denver. The whereabouts
of Graham were unknown until his arrest on September
11, 1951, at Lubbock, Texas, on a charge of "hauling
whiskey in violation of Texas laws." He had
served a sentence of sixty days in the county jail
after conviction and had been released to the Denver
County District Attorney's Office to face charges
of forgery in connection with his check-passing activities.
According to the records, the arrest of Graham had
been effected only after he had run a roadblock manned
by local officers and shots had been fired into his
car by the officers. At that time it was found that
he also had a gun in his car.
Graham
had been convicted of the forgery charge in State
District Court at Denver, Colorado, on November 3
1951, but sentence was suspended and he had been
placed on probation for a period of five years. The
records reflected that cash restitution in the amount
of $2,500 had been made at the time of the trial
and that under the terms of the probation granted,
Graham was to make further restitution in the amount
of $1,805.34 at the rate of $40 per month. Graham
had regularly made these payments between January
2, 1952, and November 3, 1955, reducing the outstanding
balance to $105.34. These records revealed that Jack
Graham had served in the U.S. Coast Guard from April,
1948, to January, 1949, and that he had received
an honorable discharge on the basis of minority;
however, a notation made on the records reflected
that he had been AWOL for a period of sixty-three
days during his service. He was last stationed at
the Coast Guard installation at Groton, Connecticut,
holding the rank of Motorman Third Class at the time
of his discharge. Graham had completed the ninth
grade in public schools, but he was later granted
a high school diploma upon his passing of entrance
examinations at Denver University and was admitted
as a student there. The probation reports reflected
that Graham did not realize the seriousness of the
offense at the time of his arrest on the forgery
charges, that his mother had been "overprotective
of her son," and that Graham had led a rather
wild life and had spent most of the money which he
realized from his crime on drinking parties and women.
Graham had regularly reported to the Probation Department
on a monthly basis, however, and had held regular
employment as a heavy-duty equipment mechanic the
majority of the time between January, 1953, and December,
1954. Later, he had moved to Denver, where during
the early part of 1955 he was employed by his mother
as manager of her drive-in restaurant.
Jack
Graham was initially interviewed on November 10,
1955, in the company of his half sister. During this
initial interview, Graham furnished the following
background information regarding himself and his
family.
Graham
stated he was born on January 23, 1932, at Denver,
Colorado; that his father was William Graham, who
died when he was approximately three years of age;
and that his natural mother was Daisie E. King. He
stated that Mrs. King married John Earl King in 1941
and from that time until 1948 they resided on a ranch
near Toponas, Colorado. Most of the ranch was sold
in 1948, his mother and stepfather maintaining residence
in Yampa, Colorado, from that time until the death
of John Earl King on October 16, 1954. Following
the death of Earl King from a heart disease, Daisie
E. King and her daughter went to Goodland, Florida,
where Mrs. King owned and maintained a house on Marco
Island. There Mrs. King remained until February of
1955, when she returned to Denver to assist Mrs.
Jack Graham, who had just given birth to her second
baby.
According
to Graham, following Mrs. King's return to Denver,
she resided at his home, 2650 West Mississippi Avenue,
except for periods which she spent in Steamboat Springs
and Yampa, Colorado, supervising business interests,
and occasional trips out of the state. He said that
his mother had purchased the residence at 2650 West
Mississippi Avenue for him in December of 1954 and
had considered this residence her home. Graham stated
that in the Spring of 1955 his mother had purchased
property, built, equipped, and opened a drive-in
restaurant at 581 South Federal Boulevard, Denver,
which he managed. He said that the drive-in business
at Denver was not a financial success, although he
indicated it was successful when he was able to actually
operate the business. Graham volunteered that during
May, 1955, some unknown vandals had caused considerable
damage to the window glass at the drive-in and, further,
that in September, 1955, an explosion and fire had
occurred at the drive-in during the early morning
hours. According to Graham, an examination of the
drive-in had revealed that someone had disconnected
a gas line connection, allowing the gas to flow into
the room, accumulating until it reached a pilot light
on a water heater, igniting the gas and causing the
explosion. According to Graham, three dollars in
small change was missing from the cash register and
some of the furniture of the drive-in had maliciously
been broken. The total damage had amounted to approximately
$1,200.
Graham
volunteered that he had suffered some misfortune
in connection with a new 1955 Chevrolet pickup, which
had stalled on a railroad track and had been hit
by a train.
At
this interview Graham furnished information about
the activities of his mother, Mrs. Daisie E. King,
on November 1, 1955, as well as her intended plans
in connection with her trip to Alaska. He furnished
a description of Mrs. King's luggage, including that
which she had shipped on her airline ticket and that
which she had carried with her on the plane. He claimed
virtually no knowledge of the contents of his mother's
luggage, saying that his mother would never allow
anyone to actually assist her in packing, and, further,
that he had not helped his mother with any of her
packing or placed anything in her luggage. He stated
that Mrs. King had a considerable quantity of shotgun
shells and rifle ammunition with her, intended for
use in hunting caribou in Alaska.
On
November 11, 1955, Mrs. Gloria A. Graham, wife of
Jack Graham, advised that she had married Jack Graham
in 1953 and had resided with him since that time.
They had two children, approximately twenty and nine
months old. Mrs. Graham advised that Daisie King
had resided with them at 2650 West Mississippi Avenue
periodically from December, 1954, until her death.
Mrs. King traveled a great deal and had spent a considerable
part of the Summer of 1955 supervising her business
at Steamboat Springs, Colorado. Mrs. Graham furnished
information concerning the activities of Daisie E.
King prior to and including November 1, 1955. She
furnished a description of the luggage taken by Mrs.
King on her intended trip to Alaska, but she was
unable to furnish any definite information about
the contents of the luggage. She explained that Mrs.
King was very particular about packing her bags or
suitcases and did not allow anyone to actually assist
her in packing.
Mrs.
Graham said that her husband had given Mrs. King
a present on November 1, 1955, before Mrs. King left
for the airport. Mrs. Graham believed the present
consisted of a small set of tools such as drills,
files, and cutting tools used for forming sea shells
into art objects. According to Mrs. Graham, her husband
had talked to her earlier about obtaining such a
tool set as a Christmas present for his mother. Mrs.
Graham had no knowledge as to the details of the
purchase of this Christmas present; however, she
recalled that during the day of November 1, 1955,
Jack Graham had brought a package into the house
and carried it to the basement where Mrs. King was
packing her luggage. She recalled that this package
was wrapped as a gift and was approximately eighteen
inches in length, fourteen inches in width, and three
inches in depth. She thought the package contained
the tool set, but she did not know whether Jack had
actually given it to his mother. She assumed that
he had.
Further interviews on November 11 and 12, 1955, with relatives and associates
of Daisie E. King and Jack Graham failed to develop any added information except
that given on November 11, 1955, by a neighbor of one of Jack Graham's relatives.
This neighbor advised that she had heard that prior to Daisie King's intended
trip to Alaska, Graham was extremely interested in purchasing a tool kit which
he intended to give his mother as a Christmas present. It was her understanding
that Graham had searched the town of Denver and finally obtained the type of
tool kit he wanted. She had heard that Graham had the gift wrapped in Christmas
paper and had placed it in his mother's luggage before she boarded the plane.
This neighbor had also heard that shortly after Daisie King left Denver aboard
the plane, Jack Graham became very ill and his face turned very white. She
said Graham and his wife, Gloria, had apparently heard someone make a statement
to the effect that an airplane had crashed. This neighbor stated she had heard
that Graham, upon hearing this statement, responded, "That is it."
According
to this neighbor, since the crash Jack Graham had
not eaten nor had he been able to sleep, and he had
spent most of his time walking up and down both inside
and outside his home.
Inasmuch
as a description of the luggage taken by Daisie King
on her trip had been obtained, several broken and
torn fragments of luggage were brought to the Denver
FBI Office on November 12, 1955. This luggage generally
matched the description of Daisie King's luggage.
On
November 12, 1955, Jack Graham and his wife, Gloria,
were telephonically contacted and told of the FBI's
possession of these fragments of luggage and were
requested, at their convenience, to come to the FBI
Office in an attempt to identify any of the fragments
as being portions of the luggage taken by Daisie
King on her intended flight to Alaska.
Graham
and his wife voluntarily appeared at the Denver FBI
Office on the next day and the fragments of luggage
were exhibited to them. They identified some pieces
of a dark brown suitcase as being the smaller suitcase
taken on the trip by Daisie King. They believed that
a piece of red and black plaid canvas bag was possibly
a portion of one of the canvas bags which she had
taken with her. At the conclusion of their identification
of these pieces of luggage, Graham was advised that
the FBI desired to interview him further concerning
several aspects of the case. Mrs. Graham was told
that if she desired she could return home to her
small children, which she did.
Graham
was questioned specifically regarding the reported
ammunition and Christmas gift which his mother took
with her on her trip. The information Graham furnished
concerning the ammunition was substantially the same
as he had previously provided. The information about
the Christmas present was not in accord with the
information his wife had furnished. Graham stated
he had intended to purchase a tool set for his mother;
however, upon learning that the type he had intended
to buy was not suitable for the purpose for which
it was to be used, he had never bought it. In explanation
to his wife's statements, he said it was possible
that his wife was under the impression that he had
actually purchased the tools. Graham was then questioned
in detail as to his activities upon his arrival at
the Denver Municipal Airport on November 1, 1955,
and he furnished substantially the same information
as before. He could offer no explanation as to why
he had mailed to himself a trip insurance policy
taken out by his mother at the airport, making him
the beneficiary, other than the fact that he had
mailed two similar policies of which his sister and
aunt were the beneficiaries. He said he believed
that he had put these insurance policies in a trash
can at the airport, inasmuch as he had not yet received
the policy which he had mailed to himself. He volunteered
that upon his mother's leaving on the plane, he and
his wife and son had entered the airport coffee shop
to have dinner. According to Graham, after they had
started to eat he became ill and went to the men's
rest room for a short period. He believed his illness
was due to his excitement about his mother's leaving
and, further, he said, the food at the coffee shop
was poor.
Inasmuch
as the statements of Graham at this time were not
entirely in accord with those of his wife, Agents
of the FBI were sent to the Graham residence to interview
Mrs. Graham and to obtain a signed statement about
the part of her story which was in conflict with
her husband's. Inasmuch as these discrepancies were
present, Graham was at this time told that he was
being considered by the FBI as a suspect in the case.
He was told that he did not have to make any statement
and that any statement which he did make could be
used against him in a court of law. He was advised
of his right to consult an attorney at any time.
Graham
stated that he had no objection to signing a statement
indicating he would voluntarily submit to a polygraphic
examination and, further, would sign any statements
giving his consent to search any or all of his home,
automobiles, and property. He subsequently read and
signed such statements.
FBI
Agents were sent to make a search of Graham's home,
automobiles, and property. During the search of Graham's
home, a small roll of copper wire with yellow insulation
was located in a shirt pocket of some work clothing
belonging to Graham. This wire appeared to be the
type used in detonating primer caps. Also located
was the trip insurance policy of Daisie E. King,
dated November 1, 1955, on which Jack Graham was
the beneficiary. The policy was found hidden in a
small cedar chest in one of the bedrooms at Graham's
home. Subsequently, during the interview with Graham,
he was questioned primarily concerning the discrepancies
in his statements and those of his wife and other
persons interviewed by the FBI. Agents were immediately
sent to check the validity of Graham's additional
statements. Upon their return, Graham was confronted
with their findings, and on several matters he was
unable to explain the results of the Agents' investigation.
Graham was at this time informed of the findings
of the FBI Laboratory and their examination of fragments
and pieces of wreckage recovered from the crash scene.
He then admitted causing the explosion which had
occurred at the dairy drive-in which he managed in
Denver, as well as leaving his 1955 Chevrolet on
a railroad track and allowing it to be hit by an
oncoming train. He finally admitted his guilt in
the plane crash and described the device he had assembled
and used to perpetrate the crime. He said that he
had used a time bomb composed of twenty-five sticks
of dynamite, two electric primer caps, a timer, and
a six-volt battery. A signed statement was obtained
from him concerning these admissions, and on November
14, 1955, a complaint was filed before a U.S. Commissioner
at Denver by a Special Agent of the FBI, charging
Jack Gilbert Graham with sabotage.
Graham
thereafter appeared before the United States Commissioner,
where he was advised of the charges against him,
and afforded an opportunity to make bond, recommended
by the United States Attorney at $100,000. He was
committed to the custody of the United States Marshal
in lieu of bond. On November 17, 1955, Graham was
charged with murder in the State Court at Denver,
Colorado, and was held without bail for future hearings.
He was charged with the murder of his mother, Mrs.
Daisie E. King, age fifty-four.
Subsequent
to the arrest of Graham, investigation was instituted
to locate the source of the items used by him in
the making of the time bomb. This investigation resulted
in locating, on November 17, 1955, a supply company
in Denver, Colorado, where Graham was identified
as having purchased on October 26, 1955, a sixty-minute "on-type" timing
device, which he exchanged a few days later for a
sixty-minute "off-type" timing device.
On
November 19, 1955, a store manager at Kremmling,
Colorado, recalled selling twenty or twenty-five
sticks of dynamite and two electric blasting caps
to an individual during October of 1955. This store
manager believed that Graham was identical with the
individual to whom he had sold the dynamite and caps.
On November 21, 1955, the manager identified Graham
from a line-up as being identical with the individual
who had purchased the dynamite and blasting caps
from him during October.
Of
considerable interest in the investigation of this
case was the story of Jack Graham's background as
related by his half sister. She stated that she had
never at any time in recent years felt at ease with
Graham; he was sullen; she knew him to have "pent-up
violence" and she simply did not like to be
around him. She said that in the past he had related
things which he thought funny but which she considered
violent and warped. For example, when he was residing
with her and her husband in Alaska, he had been employed
as a dragline operator for the CAA and on one occasion
had told them that he had experienced some difficulty
in loosening a bolt from some equipment, so he obtained
some dynamite and blew off the bolt. As a further
example, she recalled that since the United Air Lines
plane crash, Graham had stated to her and his wife,
Gloria, as if it were a joke, "Can't you just
see those shotgun shells going off in the plane every
which way and the pilots, passengers and `Grandma'
jumping around." His sister stated she had for
many years thought Graham was not mentally sound.
She had expressed this opinion to both her husband
and another relative of Graham's. She recalled that
on at least two occasions in the past she had been
the object of her brother's violent temper. On one
occasion he had knocked her down and kneed her in
the chest so severely that her ribs were injured.
On another, he had threatened to hit her with a hammer
and she had escaped by locking herself in a room.
She recalled that during the summer of 1955, Graham
awoke from sleeping and found his wife gone. He located
his wife playing cards with his sister and his mother
and, for no apparent reason, became enraged and cuffed
and backhanded his wife several times. During this
occurrence Daisie King had become extremely frightened,
apparently afraid he might hit her.
After
two continuances, Graham was arraigned in Denver
District Court on December 9, 1955. Immediately after
his arrest he had transferred most of his property
to his wife, Gloria, declared himself unable to pay
for counsel, and accepted the services of three prominent
Denver attorneys appointed by the court.
The
State of Colorado charged Graham with the murder
of his mother. His pleas were "innocent" and "innocent
by reason of insanity, before, during and after the
alleged commission of the crime." The court
accepted only the pleas, "innocent" and "innocent
by reason of insanity at the time of the alleged
crime."
Graham
was ordered to Colorado Psychopathic Hospital for
examination by two defense and two court-appointed
psychiatrists. During the course of an interview
with one of the doctors, he made a claim concerning
his confession of the crime. He said that while being
interviewed by Denver FBI Agents he had noticed on
the wall of the FBI Office a photograph picturing
the apprehension of the Nazi saboteurs who had landed
on the Florida coast during Word War II. He said
he had noticed in the picture Agents digging up a
cache of explosives, and this picture had given him
the idea of confessing that he had used dynamite
to blow up the Untied Air Lines airplane.
Graham
was found legally sane by all four psychiatrists
and returned to the Denver County Jail. He was a
model prisoner; his days in jail were spent quietly
reading and chatting with the guards. After dinner
on the evening of February 10, 1956, about 5:30 p.m.,
a Deputy Sheriff was attracted to Graham's cell by
the sound of heavy breathing. The prisoner was slumped
on the floor. His socks were twisted tightly around
his neck, with a piece of rolled cardboard used to
get added leverage. Quickly the guard loosened the
garrote; a doctor was summoned immediately, and sedatives
were administered. Graham was placed in a strait
jacket to subdue him through the night. The following
day he was again returned to the psychiatric ward,
Colorado General Hospital, where he was strapped
to a bed with four guards posted nearby.
No
more chances were going to be taken with him now.
Graham was under twenty-four hour surveillance by
watchful attendants. The psychiatrists again began
to talk with him. He was quite communicative and
talked freely about himself.
He
said his confession of the murder of the people on
the plane was quite true. He said that after he had
decided definitely to murder his mother he had bought
a timer and some dynamite and fashioned a homemade
bomb. He had assembled the bomb, and while his mother
was busy with last-minute details of her trip, he
had slipped it into her old battered suitcase and
fastened the suitcase with some extra webbing for
security. They had then left for the airport. His
wife and children had gone along to see grandmother
off. Graham had dropped his mother and family off
at the door to the terminal before taking the car
to the parking lot. Before removing the suitcase
from the car, he had set the timer on the bomb. He
had next taken his mother's luggage to the weighing
counter for weighing before it was placed on the
plane.
The
doctors, curious as to his feelings about the crime,
were told by him that he "realized that there
were about fifty or sixty people carried on a DCB,
but the number of people to be killed made no difference
to me; it could have been a thousand. When their
time comes, there is nothing they can do about it." Graham
said it was a great relief to tell the doctor about
it because he had been quite conscience stricken.
On
February 24, 1956, Graham dropped the insanity plea
and was returned again to Denver County Jail. The
Judge set April 16, 1956, for his trial.
The
Colorado Supreme Court in December, 1955, had imposed
a ban on any photography in Colorado State courts,
in accordance with Canon 35 of the American Bar Association.
Following public hearings, the Supreme Court reversed
its decision. The judge now had prerogative in the
matter of the news media. The judge, who later presided
at the trial of Graham, ruled against live television
coverage but in favor of sound-on-film, press photography,
and radio broadcasts. Graham, through his attorneys,
requested that television cameras be banned from
his trial. The judges ruled to permit some and to
ban others; however, the judge added that if any
witness or the defendant objected to being photographed,
he had only to say so and his wishes in the matter
would be respected. Graham was the only person who
actually made this request during the trail. The
judge had a remote control switch on the bench which
enabled him to cut off the camera when necessary.
A
booth was built in the back corner of the courtroom
for the camera equipment. One local newspaper installed
a direct telephone line from the court to its editorial
room. Representatives of the wire services installed
teletype machines and telephones in specially provided
city hall space near the courtroom. A limited number
of photographers, including some representing national
coverage, received written permission to use small
cameras without flash attachments.
The
trial set an all-time record for the State of Colorado
in the number of jurors examined. In all, 231 were
called, the two main objections to panel members
being that they held fixed opinions on Graham's guilt
or innocence or that they were opposed to capital
punishment.
The
final jury represented a cross section of American
life. It included two housewives (one a former beauty
queen), two typists, a movie executive, an engineer,
a truck driver, a saleslady, a telephone man, a lithographer,
a bookkeeper and a salesman. Ladies on the panel
asked for a sewing machine for their dormitory while
the men played cards and checkers in their spare
time.
On
the first day and almost throughout the trial, hundreds
of people waited for hours in the halls outside the
courtroom, hoping for a chance to get seats. They
brought their lunches, afraid to leave the room for
fear of losing their places. The guard at the door,
however, saved a seat for one woman who arrived promptly
at 9:00 a.m. each morning. She was an attractive,
young-looking woman, the wife of the United Air Lines
pilot of the ill-fated flight. She sat only a few
feet from Graham throughout the trial.
Graham
was apparently supremely calm and unconcerned during
the proceedings. He had lost weight since his arrest,
but he still looked healthy and was not thin. He
wore a neat suit each day. He slouched in his chair,
chewed gum, and occasionally conferred with his attorneys.
The District Attorney in his opening statement to
the jury said that the State would prove Jack Graham
had planned the murder of his mother, Daisie E. King, "coldly,
carefully, and deliberately."
He
said that one of the items of evidence the prosecution
would produce was a piece of yellow wire, the same
type used on electric dynamite caps. This piece of
wire was the one which had been found at Graham's
home during the search conducted by Agents of the
FBI. Prosecution witnesses and exhibits would prove
that Graham had bought about twenty-five sticks of
dynamite, a timer, a battery, and the dynamite caps
which he placed in his mother's luggage. The District
Attorney said that he would also prove the explosion
which occurred in cargo pit number four of the airliner
had been caused by dynamite and could have been caused
by nothing else.
The
foundation testimony concerned the jurisdiction of
the Denver District Court to hear the case, the flight
schedule of the United Air Lines Mainliner, and identification
of Mrs. Daisie E. King's photograph. Testimony established
that Mrs. King and her luggage were on the airplane
when it left Stapleton Air Field, Denver, November
1, 1955.
The
ground crew personnel testified that the airplane
was functioning properly when it took off from Denver.
Six
state witnesses described the explosion of the DC-6B
airliner at 7:03 p.m. a few miles east of Longmont,
Colorado.
United
Air Lines employees, Civil Aeronautics Board investigators,
and a Douglas Aircraft Corporation engineer testified,
introducing testimony describing the crash scene,
removal of bodies, preservation and identification
of pieces of airplane wreckage and removal of wreckage
and debris. Three of these witnesses testified that
the explosion had taken place in cargo pit number
four.
On
the ninth day of the trial, the spotlight shifted
to Federal Court for a hearing on a defense motion
to eliminate FBI testimony and evidence. The defense
attorneys contended that the FBI testimony was illegal;
that Graham had not been advised of his rights before
he signed his confession, and that it had been obtained
under duress. It was contended that Graham's home
had been searched and evidence obtained without his
consent. The Federal Judge dismissed the motion following
testimony by FBI Agents that Graham had been fully
advised of his rights and had not been mistreated
during his questioning before he signed the confession.
The Agents also produced eight waivers of search
which Graham had signed. Back in State Court the
trial continued.
An
FBI Laboratory expert identified the gray deposits
on the airplane parts from the area of the cargo
pit as the residue left by the explosion of dynamite.
He also identified a number of pieces of metal and
carbon which had been found in the wreckage and debris
of the crash as having come from a particular type
of battery. The FBI Agent testified that the wire
found in Graham's shirt pocket during the search
of his home was identical in all examinable respects
with wire from an electric dynamite cap.
The
owner of an electric company testified that Graham
had come to him early in October, 1955, and offered
to work at a nominal wage to "get more experience." Graham
had been hired and had worked for one week. On the
final day of his employment he had asked his employer
what timing devices he carried, saying that he needed
a timer which could be used with a battery and which
would not exceed two hours. Graham had been told
to go to an appliance store where he could get a
timer operated with a spring.
A
salesman for a Denver electric wholesale house testified
he had sold Graham a sixty-minute timer during the
latter part of October; that Graham had represented
himself as an employee of the Colorado-Texas Pump
Company in order to purchase the timer.
A
credit manager from a Denver, Colorado, Chevrolet
company testified that Graham had been unable to
pay a $50.00 deductible item on an insurance loss
on his 1955 Chevrolet pickup truck which they had
repaired as a result of an accident. Graham had told
the manager that his bank account was held jointly
with his mother and was all tied up. Graham had then
commented on how easy it would be to blow up an airplane.
He had estimated that it would take about two gallons
of nitroglycerin. He had observed the manner in which
luggage was handled at Stapleton Airport, he said,
and it would be easy for someone to place a bomb
on an airplane.
The
prosecution rested its case on the afternoon of the
15th day of the trial. Approximately eighty different
witnesses had testified and had introduced 174 exhibits
during the course of the proceedings. The defense
rested its case after having called eight defense
witnesses. During the course of the prosecution testimony,
Graham had made statements to the press saying that
when he took the stand, he would refute their testimony,
tell the truth, and clear himself; however, he refused
to testify at all in his own behalf and none of the
eight witnesses called on could offer any evidence
rebutting the testimony and evidence that Graham
had placed a dynamite bomb in his mother's luggage.
On
May 5, 1956, after being out of the courtroom for
deliberation for sixty-nine minutes, the jury found
Graham guilty of murder in the first degree and recommended
the penalty of death.
Two
of Graham's attorneys filed a motion for a new trial.
On May 15, 1956, the judge denied the motion. At
this time Graham took the stand and said that he
did not wish a new trial nor did he want his case
reviewed by the State Supreme Court; his attorneys
had filed this motion without his permission or consent.
The
judge sentenced Graham to be put to death during
the week of August 26, 1956, the day, the hour, and
the minute to be selected by the Warden of the Colorado
State Penitentiary, Canon City, Colorado.
The
Colorado Supreme Court stayed the execution of Graham
on August 8, 1956, after two of his attorneys filed
a formal record of appeal, again against his wishes.
On
October 22, 1956, the Colorado Supreme Court confirmed
the lower court decision and set the execution for
the week ending January 12, 1957.
Graham
was executed in the gas chamber at the Colorado State
Penitentiary on Friday, January 11, 1957, and was
pronounced dead at 8:08 p.m.
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