Tom O'Brien (swindler)
Encyclopedia
Tom O'Brien was an American confidence man and swindler during the late 19th century. He was popularly known as "King of the Banco Men", along with other prominent tricksters such as Joseph "Hungry Joe" Lewis and Charles P. Miller, and organized countless banco
Bunco
Bunco is a parlour game played in teams with three dice.-History:Bunco was originally "8-Dice cloth" according to the a dice game in 18th-century England. It was imported to San Francisco as a gambling activity in 1855, where it gave its name to gambling parlors, or Bunco parlors, and more...

 and confidence schemes throughout the United States, especially New Orleans, Chicago and New York, as well as in Europe. He often partnered with a number of confidence and banco men such as Lon Ludlam, Red Adams, Frank Smith, Pete Carlisle, Ed Ray, Red Austin, Charley Hinnell, "Hungry Joe" Lewis and Reed Waddell
Reed Waddell
Reed C. Waddell was an American swindler, confidence man and underworld figure in New York during the mid-to late 19th century...

. He later shot and killed Waddell in an argument over money following a recent scheme they had run in Paris, France.

He, like Waddell, was credited with having invented the "gold brick swindle
Goldbricking
Goldbricking, in today's terms, generally refers to staff who use their work internet access for personal reasons while maintaining the appearance of working, which can lead to inefficiency...

". A classic con trick, he made at least $500,000 using this swindle during a five month period at the Columbian Exposition of 1893  as one of many figures of the criminal underworld who attended the event.

Early criminal career

A native of Chicago, Illinois, Tom O'Brien first appeared during the early 1880s becoming notorious for his con games and confidence tricks. This was most evident in such major cities as New Orleans, Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...

 and New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 where he based his operations for much of his criminal career. He frequently visited in New Orleans throughout his life, both to devise new schemes and to see his mistress
Mistress (lover)
A mistress is a long-term female lover and companion who is not married to her partner; the term is used especially when her partner is married. The relationship generally is stable and at least semi-permanent; however, the couple does not live together openly. Also the relationship is usually,...

 Anne Grey. Grey, a highly popular courtesan
Courtesan
A courtesan was originally a female courtier, which means a person who attends the court of a monarch or other powerful person.In feudal society, the court was the centre of government as well as the residence of the monarch, and social and political life were often completely mixed together...

 and madam
Pimp
A pimp is an agent for prostitutes who collects part of their earnings. The pimp may receive this money in return for advertising services, physical protection, or for providing a location where she may engage clients...

 in the city's underworld, ran a high-class "bagnio
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...

" on Burgundy Street and was extensively involved in confidence tricks in New York, Atlanta and Paris before arriving in Louisiana. During O'Brien trial for Waddell's murder, Grey sold off all her assets so she could join O'Brien in Paris and was able to use her wealth to spare O'Brien's from the guillotine
Guillotine
The guillotine is a device used for carrying out :executions by decapitation. It consists of a tall upright frame from which an angled blade is suspended. This blade is raised with a rope and then allowed to drop, severing the head from the body...

.

O'Brien, according to former NYPD police detective Thomas F. Byrnes, referred to him as "King of the Bunco Men" in his book Professional Criminals of America (1886) and claimed he had been arrested "in almost every city of the United States" and had spent at least twenty years in prison during his criminal career. He was perhaps most infamous as a "bunco steerer
Bunco
Bunco is a parlour game played in teams with three dice.-History:Bunco was originally "8-Dice cloth" according to the a dice game in 18th-century England. It was imported to San Francisco as a gambling activity in 1855, where it gave its name to gambling parlors, or Bunco parlors, and more...

" and was alleged to have stolen around $500,000 in his criminal dealings. In Harry Houdini
Harry Houdini
Harry Houdini was a Hungarian-born American magician and escapologist, stunt performer, actor and film producer noted for his sensational escape acts...

's The Right Way to Do Wrong: An Expose of Successful Criminals (1906), one O'Brien's typical banco swindles was described as a popular variation of the "real Simon Pure Bunco Game" and explained as follows,
O'Brien was able to take a Michigan farmer for $21,000 using this ploy, perhaps his most successful effort, but was eventually arrested for the 1889 theft of $10,000 in bonds from Albany businessman Rufus W. Peck in December 1891. Arrested in England, he was extradited back to the U.S. and, on March 25, 1892, was sentenced to ten years imprisonment in Clinton Prison. He was defended by William F. Howe. Other accounts claim he escaped from custody while being transported to Sing Sing
Sing Sing
Sing Sing Correctional Facility is a maximum security prison operated by the New York State Department of Correctional Services in the town of Ossining, New York...

.

Escape and years as a fugitive

On April 21, 1892, O'Brien escaped from custody in Utica, New York
Utica, New York
Utica is a city in and the county seat of Oneida County, New York, United States. The population was 62,235 at the 2010 census, an increase of 2.6% from the 2000 census....

 while being escorted by James B. Buck on a writ of habeas corpus. Authorities believed he returned to Chicago via Canada where, in the safety of his hometown reportedly had hidden $10,000. While there, he was one of a number of criminals who attended the Columbian Exposition of 1893 where he netted at least $500,000 over a period of five months using the "gold brick swindle
Goldbricking
Goldbricking, in today's terms, generally refers to staff who use their work internet access for personal reasons while maintaining the appearance of working, which can lead to inefficiency...

". He eventually fled to New Orleans, possibly after a tip to his whereabouts by a South Side Chicago saloon keeper, and then to Paris where he stayed briefly until an incident with a gendarme
Gendarmerie
A gendarmerie or gendarmery is a military force charged with police duties among civilian populations. Members of such a force are typically called "gendarmes". The Shorter Oxford English Dictionary describes a gendarme as "a soldier who is employed on police duties" and a "gendarmery, -erie" as...

 nearly caused his capture. He traveled to South America where he and his partner Doc Minchon were involved in dealing narcotics in Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...

. In March 1894, an anonymous letter was received in Little Falls, New York
Little Falls (city), New York
Little Falls is a city in Herkimer County, New York, USA. The population was 5,188 at the 2000 census. The name is derived from a small cataract near the city....

 in which the author, claiming to be a close friend of O'Brien, disclosed the whereabouts of the fugitive. It was reported that O'Brien was serving as a soldier in Haiti, having fought in defense of the government during the insurrection, and that he was considering entering politics given his recent popularity. The alias he was using was not included in the letter.

Murder of Reed Waddell

O'Brien eventually returned to Paris in late 1894 or early 1895 where he and Reed Waddell
Reed Waddell
Reed C. Waddell was an American swindler, confidence man and underworld figure in New York during the mid-to late 19th century...

, another con man he previously worked with throughout the U.S., became partners in a banco swindle. Once they decided to end their operation however, they began arguing over the division of the spoils. It was later claimed that dispute arose from an argument in which Waddell allegedly refused to loan O'Brien money while on the run. The argument eventually resulted in O'Brien shooting Waddell at the Northern Railway Station in Paris on March 27, 1895. O'Brien was taken into custody shortly after where he gave his name as "Edward O'Brien" and claimed to be a resident of Cambridge, New York
Cambridge, New York
Cambridge, New York, may refer to either:* Cambridge , New York, the Town of Cambridge located in Washington County, New York* Cambridge , New York, the Village of Cambridge located within the Town of Cambridge, New York....

. The New York City Police Department
New York City Police Department
The New York City Police Department , established in 1845, is currently the largest municipal police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...

 believed otherwise, Detective Sergeant George McClusky publicly stating there was "little doubt that the man under arrest was Tom O'Brien", and American authorities petitioned the French government for his extradition. When Waddell died several days later and, despite his claim to police that he had never seen O'Brien before, O'Brien was formerly charged with murder. His trial, however, was postponed while the U.S. State Department formerly requested the French government to return O'Brien to the United State in the event of his acquittal of murder on the grounds of being a fugitive from justice.

Imprisonment at Devil's Island

He was eventually convicted of murder on March 14, 1896, and although the prosecution called for the mandatory death sentence by guillotine, O'Brien was instead sentenced to life imprisonment in the infamous French penal colony Devil's Island
Devil's Island
Devil's Island is the smallest and northernmost island of the three Îles du Salut located about 6 nautical miles off the coast of French Guiana . It has an area of 14 ha . It was a small part of the notorious French penal colony in French Guiana until 1952...

. His defense attorney Maftre Demange had claimed during the trial that the two men had exchanged gunfire, rather than O'Brien having killed Waddell in cold blood, and that gunfights were common in settling disputes in the United States. He also downplayed O'Brien's criminal record, claiming he was "merely a gambling cheat", and that he was in fear of his life and acting in self-defense at the time of the murder. Although there were reports that O'Brien was on his death bed in New Caledonia
New Caledonia
New Caledonia is a special collectivity of France located in the southwest Pacific Ocean, east of Australia and about from Metropolitan France. The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Belep archipelago, the Isle of...

 in December 1898, noted detective William Pinkerton publicly denied these claims and said that he heard from O'Brien through his brother who had received a letter from him two months before. According to the letter, O'Brien wrote that "he was in good health and that his punishment was not severe". He spent another six years on the island until French officials reported his death on September 29, 1904.

Further reading

  • Asbury, Herbert. Sucker's Progress: An Informal History of Gambling in America from the Colonies to Canfield. New York: Dodd, Mead & Company, 1938.
  • Wendt, Lloyd and Herman Kogan. Lords of the Levee: The Story of Bathhouse John and Hinky Dink. Indianapolis and New York: Bobbs-Merill Company, 1943.
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