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Looking Back 1941

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A Local Arrest Leads to National Death Penalty Case

by James Rada, Jr.

An arrest in Thurmont in 1949 was the first domino to tip in Merlin James Leiby’s life that led to him being executed for murder in Florida a few years later in a case that drew national coverage.

Leiby was like a cat with nine lives. Despite a long record of run-ins with the law, nothing seemed to stick. He escaped without consequences. However, eventually, a cat’s lives run out, and so did Leiby’s.

After a series of robberies at O’Toole’s Garage in Thurmont, police arrested Leiby. The police investigation also identified the Frederick barber as the leading suspect in other robberies throughout the county. A February grand jury named him in several indictments.

He was released on bond, but then he failed to appear in circuit court in March. His bail bondsman, Glenn Crum, was required to pay the court the $1,500 bail amount (about $20,000 in today’s dollars).

Police then arrested Leiby in Florida, where he had fled after making bail. The arrest wasn’t for his outstanding warrant in Frederick County, though. He was now a suspect in the murder of a Baltimore pharmacist in Jacksonville, Florida. “The seriousness of the charge in Florida left some doubt here as to whether Leiby will ever be returned to Frederick County as a fugitive,” the Emmitsburg Chronicle reported.

Detective Inspector H. V. Branch of Jacksonville told local police that Leiby had admitted killing Leonard Applebaum, a 27-year-old Baltimore pharmacist, on the Tamiami Trail, about 72 miles from Miami. Applebaum’s body was found under a bridge over a dry creek. He had been shot six times, and news reports frequently called it his “bullet-riddled body.”

“Branch said Leiby told officers he won an automobile and a large sum of money from Applebaum in a gambling game at Tampa,” the Emmitsburg Chronicle reported. “In an argument later, the confession disclosed, Leiby said he shot Applebaum in self-defense.”

According to Leiby, he said he won $1,300 from Applebaum, who admitted he couldn’t pay because he only had $200 on him. He said he had friends in New Orleans who would help him. He asked Leiby to drive with him to the city to get the money. Leiby agreed. They started on the journey, but Applebaum stopped in the middle of nowhere, pulled a gun on Leiby, and said he would not pay. Leiby drew his own weapon and shot Applebaum.

When police stopped Leiby, police also found the murder weapon inside. Leiby later admitted that after shooting Applebaum, he drove the body from Tampa to the place where he disposed of it.

Interestingly, Leiby said that he and Applebaum hadn’t known each other in Maryland.

Applebaum was a Navy veteran who had been in Florida on vacation but had been missing from his Miami Beach hotel since March 11. Police started questioning Leiby because his girlfriend had gotten suspicious when he showed up with a lot more money than she had seen him with prior.

As an aside, Helen Leiby, Merlin Leiby’s wife, filed for divorce on the grounds of adultery while Leiby was being held on murder charges in Florida. The couple had married in Frederick in August 1948. She discovered his infidelity when the newspapers mentioned his girlfriend in Florida. She was granted her divorce in October.

In late April 1949, it appeared that Leiby still had some of his feline lives when it was announced that his trial was stalled because of “failure of officers to fix the scene of the fatal shooting,” according to the Frederick Post. This is because although Leiby admitted to the murder, he couldn’t say where along the trail it happened. It caused confusion over what court had jurisdiction over the case.

He was finally indicted on May 26.

Then, in mid-July, came the surprising news that his indictment had been thrown out on technical grounds. “Circuit Judge Lynn Gerald ruled the indictment invalid because the grand jury which returned it was drawn by a court clerk instead of a judge,” the Frederick News reported. This required a new grand jury to be empaneled.

On July 21, prosecutors in Florida used an old state law that had never been used before to allow officials in Collier County to prosecute the case. “The law permits a defendant to be tried in any county through which the transient has passed. In order to avoid conflicting constitutional provisions requiring murder cases to be tried in the county in which the crime was committed,” Washington Evening Star reported.

With both the jurisdictional and jury issues settled, the case moved forward, but the four-day trial did not happen until March 1950.

The jury took only 40 minutes to deliberate and find Leiby guilty of first-degree murder.

“The defense presented no evidence in arguing the case to the jury. [Defense Attorney] Smith asserted the State had not proved the crime was planned or that it had occurred in this (Collier) county,” the Frederick News reported.

Leiby was sentenced to die in the electric chair. It was Collier County’s first and only death penalty case.

As Leiby sat in jail awaiting execution, he filed appeal after appeal. Although none were successful, it delayed the execution. At one point, the governor of Florida considered clemency, but the Florida Parole Commission opposed it, in part, because Leiby had outstanding warrants in both Maryland and Pennsylvania.

Finally, at the end of 1951, his execution was set for some time during the second week of January 1952. The exact date was left to the prison conducting the execution.

Leiby’s luck stepped in once again, and on January 7, 1952, Gov. Fuller Warren recalled his death warrant, temporarily.

It seemed Leiby had material evidence in another case. He said he had heard two convicted rapists plotting an escape that had ended in the death of one of them and the other one wounded. The NAACP wanted the county sheriff punished because the wounded rapist was saying he had been shot without reason. The courts wanted to hear Leiby’s testimony before deciding whether action needed to be taken against the sheriff.

Finally, on June 30, 1952, Leiby was led to the electric chair. He had no final words before his luck ran out, and he was executed.

Looking Back 1941

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Who Let the Dogs Out?

by James Rada, Jr.

Mint juleps bring to mind southern plantations with well-dressed men and women sitting on wide porches, sipping a drink to bring a bit of relief to the heat and humidity.

You don’t think of dog sledding. That’s for the wilderness of Alaska and Canada… and Frederick County?

In the early 1970s, dog-sled racing in Maryland could be found on Catoctin Mountain during the running of the Mint Julep Classic in February.

It began as a demonstration that was part of the Catoctin Winter Festival in 1972. It was sponsored by the Catoctin Mountains Tourist Council and the National Park Service (NPS). The council and NPS had planned on 1,000 people showing up. Instead, an estimated 5,000 people did.

“All parking facilities were filled to capacity and automobiles were parked for at least a mile on several roads leading to the camp area. Some local residents gave up and returned home rather than fight the traffic jam,” the Emmitsburg Chronicle reported.

The hit of the festival was the team of Siberian husky sled dogs, owned by the Warren Keefer of Emmitsburg and his family. “Keefer ran the dogs periodically all day and all four Keefers were kept busy answering hundreds of questions,” the newspaper reported.

Part of the reason for the unexpected attendance was the few inches of snow on the ground. Rather than discouraging people, more wanted to come to see real dog sleds that didn’t have to run on wheels.

Because of the popularity of the sled dogs, a true sled-dog race was added to the events the following year. According to the Chronicle, it was the first time that sled-dog racing had been brought to Maryland for an official race because the Mint Julep Classic was sponsored by the Mason-Dixon Sled Dog Racing Association.

Again, thousands of spectators came from Frederick, Baltimore, Washington D.C., Virginia, and Pennsylvania to watch the races. Drivers were as young as five years old. These children ranthe half-mile-long Pee Wee Course with one dog pulling the sled. Women competed in the “Women’s Liberation” class. As the drivers aged up, the courses lengthened and the size of the sled-dog teams grew. The main attraction was the professional race over a nine-mile-long course, with sleds pulled by nine dogs. Eight races a day were run over the weekend, from 10:30 a.m. to 5:00 p.m.

The main course began at Foxville Tower Road, just off the south side of MD 77. From there, it went toQuaker Camp to Old Mink Farm Road, Catoctin Hollow Road, Wigville Road, Phillips Delight Road, and finally, back to Foxville Tower Road. The roads were all closed to traffic during the races.

In total, 88 dog-sled teams from 10 different states competed in 1973. Herb Meyle of Aldie, Virginia, won the Nine-Dog Class race in 1973.

As the 1974 race approached, people worried that it wouldn’t happen because there was no snow on the ground. The Winter Festival was canceled because of this, but the Mint Julep Classic still planned to run.

“If it doesn’t snow for skiers, they make snow. If it doesn’t snow for snowmobilers, they find wet grass or mud. And if it doesn’t snow for sled-dog racers, they have a solution, too. They put wheels on their sleds, and can still run a competitive and thrilling race,” the Chronicle reported.

Even without snow, more than 3,000 people from six states attended the races. The dry course consisted of loops and straight runs through the fields of Eyler Stables and surrounding farms. Rather than nine miles, this course ran 7.4 miles.

“Despite the track conditions, some respectable times were turned in by the 76 teams fielded in the standard racing classes and 20-plus teams in the special women’s events,” the Chronicle reported.

Jack Thayer of Freehold, New Jersey, was the grand champion. His nine-dog team ran the course in 17:44 minutes.

The competitors, their families, and guests also enjoyed a Musher’s Ball Saturday night at the Blue Ridge Summit Fire Hall. Despite its success in Frederick County, the race moved out of the area in 1975 and never returned, but Northern Frederick County was still the place that first brought

Looking Back 1941

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The British Invade catoctin mountain

by James Rada, Jr.

In the spring of 1941, the U.S. had yet to enter World War II, but other countries had been fighting for two years. Germany showed early dominance in the war, and it hadn’t been going well for the British Royal Navy. It had lost more than 55 ships and 18,000 men. Those who remained were exhausted.

“British Prime Minister Winston Churchill pressed the United States for desperately needed aid,” according to K.C. Clay in the report, “Rest Camp: A Report on the WWII Use of Catoctin Recreational Demonstration Area by the Royal Navy.” “Pushing to the edge of US neutrality, President Franklin D. Roosevelt sought ways of helping the British.”

During March 1941, Congress passed the Lend-Lease Act, which allowed the U.S. to aid the Allied nations with food, oil, and material. It was given free of charge, but it could only be given if the help was essential for the defense of the United States.

Under this act, the U.S. was able to justify repairing damaged Royal Navy ships. While the ships were in port, the crews went ashore to recuperate from the stress of combat.

The Catoctin Recreational Demonstration Area on Catoctin Mountain was one of seven National Park Service sites that provided rest camps for the Royal Navy sailors. This pre-war U.S. aid to the Allies is largely unknown.

Clay, a National Park Service historian, identified four ships whose crews visited Catoctin Mountain. These were the H.M.S. Southern Prince, H.M.S. Bulolo, H.M.S. Menestheus, and H.M.S. Agamemnon.

During June, 150 sailors stayed at Camp Greentop in two groups of 75 men. Each group stayed for a week, enjoying swimming and other sports activities. Other sailors stayed at the Short Term Lodge, which the National Park Service had acquired after Bessie Darling was killed in the house in 1933. It was a 12-room boarding house with three indoor bathrooms.

“CRDA canceled visitor reservations for the summer of 1941 and configured the house to accommodate the sailors,” Clay wrote.

The largest group consisted of 85 sailors. In all, five groups of sailors stayed there averaging 56 men in each group.

The third site where Royal Navy sailors stayed was Hi-Catoctin. Two groups of sailors stayed there with an average size of 99 men.

As with just about everything that happened on the mountain which was supposed to be a secret, the truth was known to local residents.

“Although the British Ministry of Defense and the US War Department did not publicly acknowledge the presence of the sailors in the U.S., the residents of Frederick County were aware of them and extended invites to multiple social engagements,” Clay wrote. “National Park Service employees also provided social functions such as hot dog roasts and dances. To some of the war weary sailors, the Americans seemed over compensating for not being engaged in the conflict.”

This is not to say the British didn’t appreciate the efforts on their behalf. They repaid the kindness by putting on exhibition cricket and rugby matches for visitors to the park. They taught British songs, dances, and dialects to their hosts.

“Some sailors got on so well with the Americans that they married them,” Clay wrote.

Despite the camaraderie between the Americans and British, the British Admiralty had ordered the sailors not to talk about their assigned ship names, combat engagements, area of operation, and “any information that could possibly be used by the Nazis against them.”

The Nazis had sympathizers among the Americans who might have passed that information on.

Although locals knew of the Royal Navy presence, the U.S. media and the British press did not report on it until the U.S. Navy announced it on September 19, 1941.

After the successful 1941 season, plans were made for 1942, such as adding a telephone booth the sailors could use. However, the second season never happened because the U.S. entered the war and needed to use the facilities for its own purposes. It eventually served as a training camp for OSS agents and a rest camp for U.S. Marines.

Clay wrote that the rest camp story “is about the men who spent two years on alert for Nazi U-boats getting a week respite in the woods far inland from coastal waters. Some men arrived already decorated for valor. Others would go on to perform heroic actions. A few would sacrifice all within weeks of departing the camp.”

In total, more than 21,000 British sailors enjoyed a respite from the war on American soil, although only around 630 of them visited Catoctin.

Picture shows a British sailor relaxing in a cabin on Catoctin Mountain during WWII.

Courtesy of the National Park Service