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By Root 767 0

alarmed over. We are being treated exceptionally well & feeling in fine spirit. I am certain everything here isn’t as serious as it appears.” On July 20, 1940, the two friends were tried for unlawful escape at the U.S. District Court of Tacoma, Washington, and both entered pleas of not guilty. As a result, they were given a full trial. But on August 22, 1940, during the noon recess from the proceedings, they viciously attacked U.S. Marshal Artis J. Chitty, causing his death. The following is a report sent to the McNeil Island Warden by Lieutenant C. Zukowsky, who had supervised the inmates while they were in the custody of the court. His report describes in detail the events surrounding the Marshal’s death:

August 23, 1940

To: PJ. Squire, Acting Warden

Via: L. Delmore, Acting Associate Warden

W.F. Swift, Acting Captain

From: C. Zukowsky. Lieutenant

Subject: DESPERATE ATTEMPT BY INMATES KYLE AND CRETZER, AND DEATH OF MARSHAL CHITTY.

Sirs:

Thursday, August 22, 1940, Lieut. Bass and myself were detailed to go dress out inmates Kyle and Cretzer for court. Upon the arrival of the Marshals at the institution, Inmates Kyle and Cretzer were turned over to the custody of Marshal Chitty, Lieut. Bass and myself accompanying the Marshal to the Federal Building, Tacoma. We left the Island at approximately 08:40 a.m. arriving in the Marshall's Office at approximately 09:40 a.m. The Marshall immediately locked inmates Kyle and Cretzer in the Detention Cell at the Marshall's Office.

At 10:00 am inmates Kyle and Cretzer were taken into court. The trial of inmates Kyle and Cretzer inmates immediately began, and at 12:00 noon was recessed for lunch, court to begin again at 2:00 p.m. Inmates Kyle and Cretzer were handcuffed together (Cretzer's right arm to the left arm of Kyle). Then they were led back to the Detention Cell and locked up. Lieut. Bass and myself relieved each other for lunch, I returned from lunch at approximately 1:40 p.m. and seated myself on the corner of a table in the Marshall's office, directly in line of Detention Cell front, approximately twenty feet away. At approximately 2:30 p.m. word came in that court was ready for inmates Kyle and Cretzer. Marshall Chitty unlocked the cell door and called the inmate's attorney to come out of the cell, as soon as the attorney had passed out of the cell Marshall Chitty called for inmates Cretzer and Kyle to come out. At the time the Marshall called he was standing in front of the open cell. Inmates Kyle and Cretzer were seated against the wall.

As inmates Kyle and Cretzer were arising from the bench, inmate Cretzer called to Chitty, and beckoned with an upward motion of his head; at this point Marshall Chitty stepped forward into the cell, and at the same time Inmates Kyle and Cretzer moved toward Marshall Chitty. As I saw Chitty step inside the cell, I automatically moved toward Marshall Chitty. Marshall Chitty made two steps forward into the cell, Inmates Kyle and Cretzer made the same move toward Marshall Chitty. I was about at the open cell door when inmate Cretzer applied the "Inside Waist Hold" from the front, on Marshall Chitty. Inmate Kyle's left hand was handcuffed to Cretzer's right hand, Kyle attempted to swing around to Marshall Chitty's back and was reaching with his free right hand for Marshall Chitty's right hand rear pocket.

At this point I knocked Kyle's right arm downward, the memento of the same swung Kyle around backward. I then stepped between Marshall Chitty and Inmate Cretzer, Cretzer releasing the hold, just as I was forcing Chitty away from the pair. Inmate Kyle with his free right hand started a long right swing, striking Marshall Chitty a blow on the face. Marshall Chitty fell face forward, I immediately forced inmate Kyle to the floor. As inmate Kyle struck the floor he thrust his free right hand toward Chitty’s right hand hip pocket. At this point, Marshall Chitty was laying face downward on the floor; I noticed the gun in his right hand rear pocket. As Inmate Kyle's hand reached the Marshall's holster, enclosing the gun, I dropped to my knees,