Thomas F. "Tanner" Smith (c. 1887 – July 26, 1919) was an American criminal and gang leader in New York City during the early 20th century. He was the founder and leader of the Marginals, or "Irish Paddy Gang", which was active in

Greenwich Village Greenwich Village ( , , ) is a neighborhood on the west side of Lower Manhattan in New York City, bounded by 14th Street to the north, Broadway to the east, Houston Street to the south, and the Hudson River to the west. Greenwich Village ...

and along the Hudson River waterfront from around the turn of the 20th century until his murder in 1919. He was closely associated with

Owney Madden Owen Vincent "Owney" Madden (December 18, 1891 – April 24, 1965) was a British-born gangster of Irish ancestry who became a leading underworld figure in New York during Prohibition. Nicknamed "The Killer", he garnered a brutal reputation within ...

and the

Gophers Pocket gophers, commonly referred to simply as gophers, are burrowing rodents of the family Geomyidae. The roughly 41 speciesSearch results for "Geomyidae" on thASM Mammal Diversity Database are all endemic to North and Central America. They are ...

; he and Madden briefly ran the ''Winona Club'' together until the

New York City Police Department The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...

closed the clubhouse around 1910. Asbury, Herbert. ''The Gangs of New York: An Informal History of the New York Underworld''. New York: Alfred A. Knopf, 1928. (pg. 237, 323-324, 327-328)

Biography

Early life and the Marginals

Thomas F. Smith was born in

Manhattan, New York Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...

around 1887, and worked as a " boss stevedore" for much of his adult life. He was reportedly related to local ward district politicians and, in an editorial by the ''

New York Tribune The ''New-York Tribune'' was an American newspaper founded in 1841 by editor Horace Greeley. It bore the moniker ''New-York Daily Tribune'' from 1842 to 1866 before returning to its original name. From the 1840s through the 1860s it was the domi ...

'', "acquired his leadership of this gang because of petty political influences". Tanner Smith and the Maginals, sometimes allied with the Pearl Buttons and later the

Gopher Gang The Gopher Gang was an early 20th-century New York street gang who counted among its members Goo Goo Knox, James "Biff" Ellison, and Owney Madden, born in England of Irish ancestry. Based in the Irish neighborhood of Hell's Kitchen, the Gopher G ...

, battled the

Hudson Dusters The Hudson Dusters was a New York City street gang during the early twentieth century. Formation Formed in the late 1890s by "Circular Jack", "Kid Yorke", and "Goo Goo Knox", the gang began operating from an apartment house on Hudson Str ...

for control over the Hudson River waterfront and eventually took over when the Hudson Dusters disappeared from the district. Tanner eventually made the Pearl Buttons

junior partner A partner in a law firm, accounting firm, consulting firm, or financial firm is a highly ranked position, traditionally indicating co-ownership of a partnership in which the partners were entitled to a share of the profits as "equity partners". The ...

s of the Marginals.

Winona Club shootout

Tanner and

, then leader of the

, had been allies against the

and eventually formed a close working relationship. Together they opened the ''Winona Club'', a clubhouse intended to serve as a joint rendezvous and headquarters, located on West Forty-Seventh Street near Tenth Avenue. The gang's unruly behavior at the club soon disrupted life in the relatively well-to-do neighborhood as its members regularly "engaged in drunken revels and made the night hideous with the sound of their bickerings and brawlings". The owner of the building, Dennis J. Keating, was a

blacksmith A blacksmith is a metalsmith who creates objects primarily from wrought iron or steel, but sometimes from #Other metals, other metals, by forging the metal, using tools to hammer, bend, and cut (cf. tinsmith). Blacksmiths produce objects such ...

by trade and apparently had no knowledge of his tenants identities. Keating lived with his family on the ground floor and, when neighbors began complaining to him about the noise, he confronted the gang warning that he would have to evict them if they could not keep the noise down. Tanner and Smith, who had been "discussing affairs of state over a bottle of whiskey", were surrounded by a half dozen gang members from both sides "lounging about the room listening to the music of a piano thumbed by a gifted thug". Upon being confronted by their landlord, Madden turned around and replied "You'll put out of your house? Mister, did you ever hear of Owney Madden? Yes? Well, Mister, I am Owney Madden!" Keating retreated to his home downstairs and was afraid to report the gangsters to the police fearing for his family's safety. The Gophers were especially known for their violence against police informers. Instead, a tenant from a neighboring boarding house ended up making a noise complaint and a police officer, Patrolman Sindt, from a local precinct were dispatched. Sindt quickly returned to the precinct when he discovered the occupants. He requested reinforcements from the precinct captain and a reserve squad under Detective Sergeant John J. O'Connell was sent out. Madden's spies informed their leader of their approach and by the time of O'Connell's arrival, the gangsters had already barricaded themselves inside. O'Connell's demand that they allow the police to enter the clubhouse was "greeted by threats and curses". O'Connell then walked up to the front door and banged on the front door with his club to which one of the gangsters fired out a window "and grazed a policeman's skull". Madden then called out to police threatening "We'll shoot the gizzard out of any cop who tries to get in here!" O'Connell then ordered his men to withdraw around a corner and sent two patrolmen to gain entry to the building from the rear. The rest of the squad were then marched across the street, in full view of the gang, and O'Connell approached the club once again and started an argument with Madden and Tanner. While the rest of the gang crowded around the front windows to watch their leaders taunt the police, a rear window was left unguarded allowing the two patrolmen to sneak into the building. The two officers crept through the house until reaching the front room here the gang had gathered. They then rushed the gangsters in a surprise attack and the startled men were forced back momentarily. O'Connor immediately had his men break down the doors and within 15 minutes had placed all of the men under arrest and put them "handcuffed and bleeding" in a

paddy wagon A police van (also known as a paddy wagon, meat wagon, divisional van, patrol van, patrol wagon, police wagon, Black Mariah/Maria, police carrier, or in old-fashioned usage, pie wagon) is a type of vehicle operated by police forces. Police vans ...

to a nearby precinct.

Legal battle against the NYPD

In court the next morning, both men were given light sentences. Madden, then still a minor, was "lectured by a benevolent judge" and placed under a $500 bond for six months. Tanner had also received minimal punishment and later gained an audience with then

Mayor of New York The mayor of New York City, officially Mayor of the City of New York, is head of the executive branch of the government of New York City and the chief executive of New York City. The mayor's office administers all city services, public property ...

William J. Gaynor William Jay Gaynor (February 2, 1849 – September 10, 1913) was an American politician from New York City, associated with the Tammany Hall political machine. He served as the 94th mayor of the City of New York from 1910 to 1913, and previously ...

where he showed his bruises to Gaynor and accused the arresting officers of

police brutality Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to, ...

. It was this meeting that resulted in the passage of "Order No. 7", a directive issued by Mayor Gaynor which prohibited the use of a

billy club A baton (also known as a truncheon or nightstick) is a roughly cylindrical club made of wood, rubber, plastic, or metal. It is carried as a compliance tool and defensive weapon by law-enforcement officers, correctional staff, security guards ...

unless the officer could prove his life was in danger. In March 1910, Tanner made a formal complaint against Patrolmen William H. Noll, Charles G. Flaherty and Andrew Brown who were accused of violating "Order No. 7". He claimed that he had been celebrating

New Year's Day New Year's Day is a festival observed in most of the world on 1 January, the first day of the year in the modern Gregorian calendar. 1 January is also New Year's Day on the Julian calendar, but this is not the same day as the Gregorian one. Wh ...

at a

dance hall Dance hall in its general meaning is a hall for Dance, dancing. From the earliest years of the twentieth century until the early 1960s, the dance hall was the popular forerunner of the discothèque or nightclub. The majority of towns and citi ...

on Forty-Second Street and Eighth Avenue when the three officers, all on the staff of Inspector

George W. McClusky George W. McClusky or McCluskey (1861 – December 17, 1912) was an American law enforcement officer and police inspector in the New York City Police Department. He was popularly known as "Gentleman" or "Chesty McCluskey", the latter name gi ...

of the Third District, threw him down a stairway while being ejected from the building. All three officers denied the allegation and claimed Smith fell down the stairs himself. A number of people testified as

character witness Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that per ...

es on the officers' behalf, several of them fellow police officers, however all three were fined on April 12, 1911. Noll and Flaherty were both fined 15 days pay while Brown was fined a full month. This case was part of a major grand jury investigation headed by First Assistant District Attorney

Frank Moss Frank Edward "Ted" Moss (September 23, 1911 – January 29, 2003) was an American lawyer and politician. A Democrat, he served as a United States Senator from Utah from 1959 to 1977. Early life and education Frank Moss was born in Holladay ...

. Smith was later tried and convicted for shooting a police officer.

War with the Gophers

On June 19, 1914, Tanner was arrested by police during a running gunfight with a member of the Gopher Gang. A local officer, Patrolman Krozer, had heard four gunshots fired in West Twentieth Street, near Tenth Avenue, and went to investigate. When he reached West Twentieth Street, Krozer witnessed the gang leader, with a revolver in his hand, chasing after a rival Gopher. Krozer pursued Tanner to a

vacant lot In real estate, a lot or plot is a tract or parcel of land owned or meant to be owned by some owner(s). A plot is essentially considered a parcel of real property in some countries or immovable property (meaning practically the same thing) in ot ...

on Twentieth Street where Smith proceeded to fight with the officer. A second officer, Patrolman Derleph, arrived to help Krozer subdue Smith and place him under arrest. As they took him away, members of his gang showed up and threatened the officers but were kept at bay. Tanner, while being booked at the West Twentieth Street Precinct, challenged the desk lieutenant to fight and was later charged with

felonious assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

. It was believed by police that Tanner and his gang were at war with Madden and his Gophers for control of lower Westside Manhattan. Smith was sent to prison for carrying a revolver and served a year sentence.

Retirement and murder

While in jail, many of the Marginals were arrested and imprisoned in

The Tombs ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the m ...

. Much of this was due to the NYPD's campaign against the city's street gangs, but also for some members connection to the First Labor Slugger War involving labor racketeers Benjamin "Dopey Benny" Fein and Joseph "Joe the Greaser" Rosenzweig against a coalition of independent gangsters headed by Philip "Pinchy" Paul. Following his release in late 1914, Tanner decided to retire from crime after persuasion from his mother and sister. He spent the next five years as a boss stevedore and contractor. He became a successful businessman who gave back to his local neighborhood. He set up several boys clubs to keep the next generation out of trouble. In early 1919, he opened the Marginal Club above an Eighth Avenue saloon and apparently returned to his former criminal activities. On the night of July 26, 1919, Smith was playing

poker Poker is a family of comparing card games in which players wager over which hand is best according to that specific game's rules. It is played worldwide, however in some places the rules may vary. While the earliest known form of the game w ...

at the Marginal Club when he was shot in the back and killed by an unknown assailant. It was speculated by police that Smith had been murdered in an underworld "gang feud". In the days following Smith's murder, Smith's followers went on a violent rampage in the underworld. George Lewis, a 21-year-old gang leader who had been feuding with Smith, was viciously attacked in

Hoboken, New Jersey Hoboken ( ; Unami: ') is a city in Hudson County in the U.S. state of New Jersey. As of the 2020 U.S. census, the city's population was 60,417. The Census Bureau's Population Estimates Program calculated that the city's population was 58,690 i ...

on July 31. Robert "Rubber" Shaw, an underworld rival and last leader of the

, was killed shortly thereafter. On August 1, the District Attorney's office began rounding up members of Smith's organization and was prepared to charge at least two members with murder. Authorities in Hoboken followed suit taking several suspects in for questioning. Both the NYPD and the District Attorney's office believed that Shaw, Lewis and Link Mitchell, who had since fled the state, were responsible for Smith's murder and that friends of Smith had retaliated by going after Lewis and Shaw. Under the direction of District Attorney

Edward Swann Edward Swann (March 10, 1862 – September 19, 1945) was an American lawyer, jurist, and politician from New York. From November 4, 1902 to March 3, 1903, he served part of one term in the U.S. House of Representatives. Life He was born on Mar ...

, Assistant District Attorney John F. Joyce stated that he intended to seek indictments and said "We have at least three persons who saw Shaw, Lewis, and a third man enter the Marginal Club, walk up behind Smith and begin shooting. Our records show that Lewis was released from

Elmira Reformatory Elmira Correctional Facility, also known as "The Hill," is a maximum security state prison located in Chemung County, New York, in the City of Elmira. It is operated by the New York State Department of Corrections and Community Supervision. Th ...

three months ago. He had been sent away for "sticking up"

United Cigar Stores United Cigar Stores was a chain of cigar stores in the United States that in its first quarter-century grew to nearly 3,000 shops. It eventually became part of the corporation that bought Marvel Comics and its parent company Magazine Management ...

. In some respects, the case may be similar to the Baff murder in West Washington Market five years ago." The next day, a joint search was organized by both New York and New Jersey police to apprehend Lefty Curry and Michael Costello, a suspect in the then recent murder of underworld figure Rubber Shaw. Curry, according to Joyce, was seen leaving the Marginal Club shortly after Smith had been shot and that he had been shot in the leg. Tanner was worth about $25,000 (although other sources claim he had as much as $100,000) at the time of his death, or so his mother claimed, however he left no will and an application for letter of administration was made on her behalf on August 14. The following day in Surrogate's Court, his brother applied to become temporary administrator of Tanner Smith's estate until his widow could appear in court. His brother claimed that Smith's widow had previously left him to marry another man and was living in

South Brooklyn South Brooklyn is a historic term for a section of the former City of Brooklyn – now the New York City borough of Brooklyn – encompassing what are now the Boerum Hill, Carroll Gardens, Cobble Hill, Gowanus, Park Slope, Windsor Ter ...

under the name Mary O'Brien McGuire. Of the $25,000, about $15,000 had been deposited in

Liberty Bonds A liberty bond (or liberty loan) was a war bond that was sold in the United States to support the Allied cause in World War I. Subscribing to the bonds became a symbol of patriotic duty in the United States and introduced the idea of financi ...

and used as bail for Link Mitchell, then accused of robbery. Mitchell was later charged as an accessory to the murder of James Shore in

, a suspect in the murder of Smith.

Aftermath

In 1920, George Lewis was arrested and charged with the murder of Smith. The first case had been ruled a

mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

by Judge William H. Wadhams when one of the jury members died after an illness on February 2. A second trial was held that summer, but after a week's deliberations, a

hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. ...

was declared by Judge

Thomas C.T. Crain Thomas Crowell Taylor Crain (May 25, 1860 New York City – May 29, 1942) was an American lawyer and politician from New York. He was New York County District Attorney from 1930 to 1933. Biography Crain was born on May 25, 1860, on 14th Street, n ...

on July 1. The District Attorney's office announced that George Lewis would be tried again. Shortly before his third trial, in which he was to be charged with

first degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...

, he instead pleaded guilty to

manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...

on October 19 and was remanded to

by Judge Otto A. Rosalsky. Lewis was sentenced on November 4, 1920, having had initially been convicted and sentenced to serve between three and six years imprisonment by Judge Rosalsky, the maximum sentence allowable by law (as pertaining to his

plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...

). However, Lewis protested the court's ruling and said "Your Honor, you can't do that. I've been in prison before. Only first offenders get the benefit of an indeterminate sentence. I'll have to take a flat sentence." Judge Rosalsky, having been unaware that Lewis had been previously convicted, promptly sentenced him to three years in

Sing Sing Sing Sing Correctional Facility, formerly Ossining Correctional Facility, is a maximum-security prison operated by the New York State Department of Corrections and Community Supervision in the village of Ossining, New York. It is about north of ...

.Sentence Gangster Killer; Lewis Gets Three Years in Sing Sing for Slaying "Tanner" Smith
. ''New York Times''. November 5, 1920

In popular culture

Smith is portrayed in the

historical novel Historical fiction is a literary genre in which the plot takes place in a setting related to the past events, but is fictional. Although the term is commonly used as a synonym for historical fiction literature, it can also be applied to other ty ...

s ''Very Old Bones: The Albany Cycle Series'' (1992) by William Kennedy, ''And All The Saints'' (2003) by Michael Walsh and ''Firecrackers: A Realistic Novel'' (2007) by Carl Van Vechten.