Showing posts with label Alexander Bauer. Show all posts
Showing posts with label Alexander Bauer. Show all posts

Friday, August 4, 2017

Whiskey Men Who Cheated

                        
Foreword:   This is the fifth in a series of posts that examines the activities of whiskey men who previously have been profiled on the blog, grouping them for analysis under various headings.  In this case the common thread in each story was a predilection for cheating.  Scams were aimed at investors, consumers, and the government.  In each case the old caution “crime does not pay”  was fulfilled — more or less.

The “Bad Boy” of Baltimore:  Throughout virtually his entire life, George Gambrill seems to have been embroiled in the courts.  When he was still 19 and a grain dealer, Gambrill was forced into bankruptcy, unable to pay a host of creditors.  Later he would claim that he had been drawn into the affairs of grain dealer relatives and being young and naive, made the fall guy.  Before long, however, George was back dealing in grain from an office in the posh Eutaw House, a downtown Baltimore hotel, shown here

For Gambrill it proved a short step from grain into distilling with Roxbury Rye as his flagship label.  An energetic marketer, he soon developed it into a nationally recognized brand.  But George continually found it difficult to play things straight.  His distillery manager, John Schooley,  hauled him into court in 1901 claiming that Gambrill had reneged on compensation for his work.  Gambrill’s bizarre defense was that he wasn’t really in the distilling business at all since Roxbury’s entire production had been promised to a New York City wholesaler and he claimed that outfit was running the distillery.  A jury saw his claim as ludicrous and found for Schooley. 

Gambrill continued having problems keeping on the right side of the law.  Still speculating in grain, he bet the wrong way on wheat prices, lost his shirt, and once again was unable to pay creditors.  This time the authorities suspected out and out fraud.  Gambrill was hauled into court in 1910, accused of putting up the same whiskey stocks as collateral for separate forfeited loans totaling $500,000. He was tried, found guilty and sentenced to four years in prison.

The whiskey man vigorously resisted going to jail, appealing his conviction.  A dozen years later, for murky reasons, he had not served even a day behind bars. Instead he was residing comfortably with his wife in their home.  Finally in 1922 a judge quashed the fraud conviction citing Gambrill’s failing health and advanced years (age 77).  That may have been the old fellow’s last con game:  George lived another eight years, dying in 1930 at the age of 85.

Spirits, Sex & Scams:  Alexander Bauer established a liquor house in Chicago about 1886 and soon decided that “sex sells.”  For example, he advertised his Dam-I-Ana Benedictine “Invigorator,”  an 19th Century version of Viagra, with nudes in erotic postures.  A trade card for another alcoholic tonic used a four-leaf clover to suggest an afternoon illicit tryst.  

Bauer’s emphasis on the prurient, however, paled against the outrageousness of his scams.  In 1897 Chicago law enforcement authorities conducted a raid on Bauer’s building at 142-148 Huron Street.  What they found was startling — cases of counterfeit liquor and a large stash of counterfeit labels.  Bauer was taking old bottles, some of them the genuine article with names blown in the glass, refilling them with his booze, slapping on a faux label and selling them as the real mccoy.  Among them was Hennessy Cognac.

Whatever fine Bauer was forced to pay for this scam, it proved to be no deterrent.   Instead, he set up a dummy company at the same address as the A. Bauer Company.  Rather than refilling real bottles and counterfeiting labels, this outfit was in the business of trademark rip-offs.  Soon the building on Chicago’s Huron Street was churning out look-alike labels of well-known alcoholic beverages. 
  
Predictably, the manufacturer owners of the trademarks struck back in 1902, hauling Bauer into U.S. District Court.  When the federal judge found Bauer guilty, he appealed.  The Appeals Court upheld the earlier ruling and the fines levied on Bauer.  The Chicago whiskey man subsequently reorganized the company, changing its name to the A. Bauer Distilling and Importing Company.  Despite its shady past, Bauer had the hutzpah to claim on his letterhead:  “For 20 years a square deal:  the cause of our phenomenal growth.”


In 1912 federal authorities, acting under the Food and Drug Act, hauled Bauer into court for adulterating and misbranding wines.  When the court agreed and fined Bauer, as before he appealed.  Once again he lost and was forced to pay a fine of $100 and court costs amounting to $73.06.  With such gentle financial slaps on the wrist when caught cheating, no wonder Bauer’s company continued to thrive.  Antics such as his, however, helped fuel the Prohibition movement that 
in 1920 shut down his liquor business for good.

A Forced Confession:  Compared to Bauer, Charles Klyman, also a Chicago whiskey dealer, was small potatoes.   By choosing the wrong opponent, however, he paid a much higher price for his scams.


Klyman first entered the public record in 1888 at the age of 28 when he began a wholesale liquor business.  After struggling along for five years, he changed the name of his company to “The Dr. Anker Bitters Company.”   Another bitters tonic, called Dr. Dunlap’s Anchor Bitters, had a national customer base  Although their label presentations, shown here, differed somewhat, a casual buyer might mistake one beverage for the other.  Given Klyman’s predilections, that likely was his intention.

By 1896, Klyman had resorted to putting counterfeit labels of well-known alcoholic brands on bottles, adding contents cooked up on site, and then selling them to retail outlets.  Law officers tumbled to the scheme when a few downtown Chicago stores were found selling brand name liquor at cut-rate prices.  A raid on Klyman’s premises yielded the evidence.  On the second floor of his Kinzie Street  establishment authorities caught employees washing off old labels, cleaning the bottles, filling them, and slapping on the deceptive labels.  Among whiskey knockoffs was Canadian Club.

Although Klyman faced criminal charges in Illinois, he now had an even more implacable foe in Hiram Walker, the man responsible for Canadian Club.  The distiller was especially aggressive in insuring that counterfeiting or tampering with  that whiskey was hazardous to anyone who tried.  Walker had detectives regularly patrol retail outlets looking for frauds on his brands.   He went hard after Klyman and brought him to his knees.

As his settlement, Walker forced Klyman to write out the “Confession” shown here.  Dated June 3, 1898, it appeared in all major Chicago newspapers and in selected trade publications.  In it Klyman accepted the two conditions Walker demanded:  1) That “in the public interest” he would plead guilty under the Illinois Trademark Act and take his punishment and 2)  That he would never again be “a party to the imitation of any goods whatever….”  The confession reveals Klyman begging for mercy, pleading that “my wife has appealed to you to take into consideration her unhappy position and that of our young children.”

As a Windy City businessman Klyman clearly was finished.  He closed down his liquor house and traded the shame of Chicago for the cold, snow and virtual anonymity of Buffalo, New York.  Although he attempted to open a liquor store there, it appears to have failed and by 1912 he was working as a traveling salesman.

Watering the Whiskey:  It must have seemed like the perfect scheme to Ralph Parilla, a Youngstown, Ohio saloonkeeper and liquor dealer who called his establishment the “Crab Creek Distilling Company.”  Closed down by prohibitionary laws,  Parilla plotted in 1919 to removed barrels of whiskey he owned from a government-guarded warehouse under the pretext of exporting them to Canada.  First, however, he would extract the whiskey from the barrels, substitute water, and truck the barrels over the border.  The whiskey he could bottle and sell. Then things went terribly, terribly wrong.


Shown here with his wife in happier days, Parilla had thousands of dollars tied up in barrels of whiskey languishing in a warehouse just outside Youngstown. Because of World War I prohibitionary laws, no legal way existed to get it out —except to export it.  The law allowed him, upon getting a federal permit, to withdraw the whiskey without paying taxes by giving a bond that he would forfeit if the whiskey were not within a prescribed time passed out of the U.S. through a designated exit point.  Thereupon, Parilla hatched the scheme to turn whiskey into water.

Parilla saw it a triple “killing.”  He would 1) retrieve his whiskey investment, 2) avoid the $6.60 per gallon federal tax, and 3) retain the liquor to bootleg later at inflated prices.  At first the plot seemed to go well.  Barrels were taken to two locations,  a farm owned by Parilla and a shuttered saloon in town.  Then things began to unravel.  The men removing the barrels from the warehouse had come to the notice of federal authorities as suspicious.  The next day the Feds popped into the shuttered saloon where they found a man with pump and hose, filling a whiskey barrel with water.  Then they went to Parilla’s farm, found more empty barrels and arrested him.

The gambit proved costly to Parilla and his co-conspirators.  They immediately forfeited their $30,000 bond.  Each was released only upon posting a personal bond of $10,000.  On trial in U.S. District court, Parilla and others were found guilty, appealed and lost again.  There is no indication anyone served jail time.  Parilla’s name and crime, however, was splashed all over newspapers in Ohio and beyond.  His subsequent activities are lost in the mist of history.  A photo exists of Ralph in middle age seemingly enjoying life.

Note:  This blog contains longer and more detailed posts on each of the four men profiled here.  They are:  George Gambrill, June 6, 2011;  Alexander Bauer, Feb. 2, 2012;  Charles Klyman, April 16, 2016, and Ralph Parilla, May 28, 2016. 































Sunday, February 12, 2012

Chicago's Alexander Bauer: Spirits, Sex and Scams










































The details of Alexander Bauer’s personal life are sketchy at best, but the liquor business he built in Chicago during the late 1880s was marked by three characteristics: spirits, sex and scams. They give us a clue as to who Bauer was and what he was up to. 

Spirits: The liquor company that Bauer founded in Chicago began, according to company literature in 1886 although it first shows up in city directories in 1893. A letterhead shows the steady progression over time for the expansion of the firm to a five story headquarters at 142-148 Huron Street. A paper sign issued by Bauer provides a colorful look at the purported activities at each level of the building. For its whiskeys the company used the brand names: "Dan Patch", "Old Rampart", "Sedgwick", "Sir John Canada Malt", and "Torrance AAA.” It packaged its liquor in bottles and, reaching out to Shafer & Vader Pottery in Germany, in attractive decanters with matching cups. It also advertised its cordials and liqueurs, including “Anchor Brand Peppermint Schnapps” and “Pineapple Rock and Rye.” 

Bauer issued a number of colorful items to saloons carrying his booze. A sign, shown here, was of a cowboy and an Indian threatening a Chinese gentleman who apparently had drawn four aces in a poker game. In the background is Sam Toughnut’s Saloon, where three Bauer beverages are advertised. 

Sex: While the wide variety of alcoholic potables featured by Bauer led to its growth, the company also understood that “sex sells.” Shown here is a trade card for its “XRay Pepsin Cola and Celery Bitters.” Parsing the image on each lobe of Bauer’s four leaf clover advances a story. It is told in the shoes of a man in cuffed pants and woman in high-button shoes who meet in lobe #1, go off together in lobe #2, are lying separately, apparently in bed, in lobe #3, and -- mercy! -- what is happening in lobe #4? Such a risque approach to merchandising alcoholic beverages was hardly unusual in the whiskey trade but Bauer took it to new racy levels . 

Further evidence is an ad for a mostly alcoholic drink called Dam-I-Ana, featuring a woman shown nude from the waist up in a “come hither” pose. It is named after an plant that was supposed to have Viagra-like effects in men. The full ad says, “If you appreciate me...” leaving the thought unfinished but implying the obvious. The next line says “Can’t.” Oh my, then surely Dam-I-Ana Invigorator is your drink! The bottle, shown here with a torn label, helpfully depicted a fully nude woman and a goat-headed satyr. Bauer did not believe in leaving much to the imagination. 

Scams: Yet even Bauer’s emphasis on the prurient pales against the outrageousness of his scams. As reported in an 1897 edition of the American Druggist and Pharmaceutical Record, Chicago law enforcement authorities conducted a raid on Bauer’s building at 142-148 Huron. The Chief Constable Eckart read his warrants to Bauer who was on the premises. Other officers stood guard in various departments. What they found was startling. The first seizure was a case of Hennessy brandy. Bauer admitted that it was not genuine but said he was not responsible for having it in his possession. In quick order the constables seized 16 cases of counterfeit Kummel and 4 cases of Benedictine. Then 240 embossed bottles of Angostura bitters were discovered along with phony wrappers. Another large lot o counterfeit labels was found in the basement. They were for James E. Pepper Whiskey, Gilka Kummel, and Boonekamp Bitters. 

It is clear that Bauer was taking old bottles, some of them the genuine article with names blown in the glass, refilling them, slapping on a faux label and selling them as the real mccoy. Whatever fine Bauer may have been assessed, it did not deter him and his cronies. Within a year following the raid, the company veered on another illegal course. His firm’s vice president, Tucker Hardy, set up a new and ostensibly separate company. The address, however, was the same as A. Bauer Company. Rather than refilling real bottles and counterfeiting labels, the Hardy Company was in the business of trademark rip-offs. Soon the building on Chicago’s Huron Street was churning out close look-alike labels of Benedictine and Chartreuse French liqueurs and, once again, Angostura Bitters. The only element distinguishing them from the real products was a small label indicating the Tucker Hardy Company. 

Predictably the manufacturers owning those trademarks soon struck back. In 1902 they hauled Alexander Bauer into the U.S. Circuit Court of the Northern District of Illinois. The judge in those cases, again predictably, found for the plaintiffs. Deciding to fight the verdict, Bauer took the case to the U.S. Court of Appeals. There the judges were not fooled that the Tucker Hardy Company was a separate entity, terming it a “department” of the Bauer firm. The Appeals Court upheld the earlier ruling and the fines levied on Bauer. 

Shortly after these verdicts, Bauer reorganized his company, incorporating with assets of $100,000.  The Tucker Hardy Company, nothing more than a facade anyway, disappeared from business directories. The company moved one last time to an even bigger building at 227-223 Huron and changed its name to the A. Bauer Distilling and Importing Company. Despite its shady past, Bauer had the hutzpah to claim on its letterhead: “For 20 years a square deal: the cause of our phenomenal growth.” 

Apparently determining that crime does pay until one gets caught, Bauer continued to counterfeit his products. This time he would run athwart the Food and Drug Act of 1906. That legislation required accurate labeling of food, drugs and beverages. In 1912 the Federal government hauled Bauer into court once again for shipping a consignment of bottles labeled “Sparkling Sauterne” from Illinois into Wisconsin. In a typical Bauer show of bravado, a sticker read: “Guaranteed by A. Bauer Dist. and Imp. Co., Chicago, Ill, under the F & D Act, June 30, 1906, Serial Number 5015.” After being examined by Federal authorities the sparkling sauterne was declared “adulterated and misbranded.” They charged, and the District Court agreed, that the purported sparkling sauterne was an imitation, consisting of a plain white wine, artificially carbonated. 

In a parallel case a similar judgment was made on bottles of Bauer’s “Sparkling Burgundy.” Again he fought the verdict and took it to the U.S. Court of Appeals. Again the judges concurred with the earlier ruling and directed Bauer to pay a fine of $100 and court costs, amounting to $73.06. With such gentle financial slaps on the wrist when caught cheating, no wonder Bauer’s company continued to thrive. It was, however, antics such as his that fueled the Prohibition movement that ultimately shut down his liquor business permanently in 1920. Because details of Alexander Bauer’s personal life are hidden in the fogs of time, it is impossible to know his fate but we can assume there might have been a measure of larceny involved.