At just about the same time—9:35 P.M.—Detective Matthew M. Payne left the Bellvue-Stratford Hotel by the rear service entrance and walked quickly, almost trotted, up Walnut Street toward his apartment on Rittenhouse Square, Mr. John Francis “Frankie” Foley walked, almost swaggered, into the Reading Terminal Market four blocks away at Twelfth and Market streets.
Mr. Foley was also twenty-five years of age, but at six feet one inch tall and 189 pounds, was perceptibly larger than Detective Payne. Mr. Foley was wearing a two-toned jacket (reddish plaid body, dark blue sleeves and collar) and a blue sports shirt with the collar open and neatly arranged over the collar of his jacket.Mr. Foley walked purposefully through the Market, appreciatively sniffing the smells from the various food counters, until he reached the counter of Max’s Cheese Steaks. Waiting for him there, sitting on a high, backless stool, facing a draft beer, a plate of french-fried potatoes, and one of Max’s almost-famous cheese steak sandwiches, was Mr. Gerald North “Gerry” Atchison, who was forty-two, five feet eight inches tall, and weighed 187 pounds.
Mr. Atchison, who thought of himself as a businessman and restaurateur—he owned and operated the Inferno Lounge in the 1900 block of Market Street—and believed that appearances were important, was wearing a dark blue double-breasted suit, a crisp white shirt, a finely figured silk necktie, and well-polished black wing-tip shoes.
Both gentlemen were armed, Mr. Atchison with a Colt Cobra .38 Special caliber revolver, carried in a belt holster, and Mr. Foley with a .45 ACP caliber Colt Model 1911A1 semiautomatic pistol that he carried in the waistband of his trousers at the small of his back. Mr. Atchison was legally armed, having obtained from the Sheriff of Delaware County, Pennsylvania, where he maintained his home, a license to carry a concealed weapon for the purpose of personal protection.
Mr. Atchison had told the Chief of Police that he often left his place of business late at night carrying large sums of cash and was concerned with the possibility of being robbed. The Chief of Police knew that the 1900 block of Market Street was an unsavory neighborhood and that Mr. Atchison was not only a law-abiding citizen, but a captain in the Pennsylvania Air National Guard, in which he was himself an officer, and granted the license to carry.
It is extremely difficult in Philadelphia for any private citizen to get a license to carry a concealed weapon, but Philadelphia honors concealed-weapons permits issued by other police jurisdictions. Mr. Atchison, therefore, was in violation of no law for having his pistol.
Mr. Foley, on the other hand, did not have a license to carry a concealed weapon. He had applied for one, with the notion that all the cops could say was “no,” in which case he would be no worse off than he already was. And for a while, it looked as if he might actually get the detective to give him one. The detective he had talked to when he went to fill out the application forms had a USMC Semper Fi! decalcomania affixed to his desk and Frankie had told him he’d been in the Crotch himself, and they talked about Parris Island and Quantico and 29 Palms, and the detective said he wasn’t promising anything because permits were goddamned hard to get approved—but maybe something could be worked out. He told Frankie to bring in his DD-214, showing his weapons qualifications, so a copy of that could be attached to the application; that might help.
Frankie explained that while he would be happy to bring in his Form DD-214, which showed that he had qualified as Expert with the .45, there was a small problem. A fag had come on to him in a slop chute at 29 Palms, and he had kicked the shit out of him, and what his Form DD-214 said about the character of his release from service was “Bad Conduct,” which was not as bad as “Dishonorable,” but wasn’t like “Honorable” either.
Frankie could tell from the way the detective’s attitude had changed when he told him he’d gotten a “Bad Conduct” discharge from the Crotch that bringing in his DD-214 would be a waste of fucking time, so he never went back.
He was, therefore, by the act of carrying a concealed firearm, in violation of Section 6106 of the Crimes Code of Pennsylvania, and Sections 907 (Possession of Instrument of Crime), and 908 (Possession of Offensive Weapon) of the Uniform Firearms Act, each of which is a misdemeanor of the first degree punishable by imprisonment of not more than five years and/or a fine of not more than $10,000.
Mr. Foley was not concerned with the possible ramifications of being arrested for carrying a concealed weapon. Primarily, he accepted the folklore of the streets of Philadelphia that on your first bust you got a walk, unless your first bust was for something like raping a nun. The prisons were crowded, and judges commonly gave first offenders a talking-to and a second chance, rather than put them behind bars. Frankie had never been arrested for anything more serious than several traffic violations, once for shoplifting, and once for drunk and disorderly.
And even if that were not the case, he trusted Mr. Atchison, who did carry a gun, about as far as he could throw the sonofabitch—what kind of a shitheel would hire somebody to kill his own wife?—and he was not going to be around him anywhere at night without something to protect himself.
More important, the purpose of their meeting was to finalize the details of the verbal contract they had made between themselves, the very planning of which, not to mention the execution, was a far more serious violation of the Crimes Code of Pennsylvania than carrying a gun without a permit.
In exchange for five thousand dollars, half to be paid now at Max’s, and the other half when the job was done, Mr. Foley had agreed to “eliminate
” Mrs. Alicia Atchison, Mr. Atchison’s twenty-five-year-old wife, who Mr. Atchison said had been unfaithful to him, and Mr. Anthony J. Marcuzzi, fifty-two, Mr. Atchison’s business partner, who, Mr. Atchison said, had been stealing from him.
Frankie wasn’t sure whether Marcuzzi had really been stealing from the Inferno—it was more likely that Atchison just wanted him out of the way. Maybe he was stealing from Marcuzzi, and was afraid Marcuzzi was catching on—but he was sure that his wife’s fucking around on him wasn’t the reason Atchison wanted her taken care of. Atchison had another broad Frankie knew about, another young one, and probably he figured that since he was having Marcuzzi taken care of, he might as well get rid of them both at once. Or maybe he thought it would look more convincing if she got knocked off when Marcuzzi got it. Or maybe there was insurance on her or something.
But whatever his reasons, it wasn’t because he was really pissed off that she had let somebody get into her pants. Two weeks after Frankie had met Gerry Atchison, before Atchison had talked to him about taking care of his wife and Marcuzzi, he had just about come right out and said that if Frankie wanted to fuck Alicia, that was all right with him.
Frankie had been tempted—Alicia wasn’t at all bad-looking, nice boobs and legs—but had decided against it, as it wasn’t professional. He didn’t want to get involved with somebody he was going to take out.
On his part, Mr. Foley had not been entirely truthful with Mr. Atchison, either. He was not, as he had led Mr. Atchison, and others, to believe, an experienced hit man who accepted contracts from the mob in Philadelphia (and elsewhere, like New York and Las Vegas) that for one reason or another they would rather not handle themselves.
This job, in fact, would be his first.
It was, as he thought of it, putting his foot on the ladder to a successful criminal career. He’d given it a lot of thought when they’d thrown him out of the Crotch. There was a lot of money to be made as a professional criminal. The trouble was, you had to start out doing stupid things like breaking in someplace, or stealing a truck. If you got caught, you spent a long time in jail. And even if you didn’t get caught, unless you had the right connections, you didn’t get shit—a dime on the dollar, if you were lucky—for what you stole.
You had to get on the inside, and to do that, you needed a reputation. The most prestigious member of the professional criminal community, Frankie had concluded, was the guy who everybody knew took people out. Nobody fucked with a hit man. So clearly the thing to do was become a hit man, and the way to do that was obviously to hit somebody.
The problem there was to find somebody who wanted somebody hit and was willing to give you the job. Frankie was proud of the way he had handled that. He knew a guy, Sonny Boyle, from the neighborhood, since they were kids. Sonny was now running numbers; only on the edges of doing something important, but he knew the important people.
Frankie picked up their friendship again, hanging out in bars with him, and not telling Sonny what he was doing to pay the rent, which was working in the John Wanamaker’s warehouse, loading furniture on trucks. He let it out to Sonny that he had been kicked out of the Crotch for killing a guy—actually it had been because they caught him stealing from wall lockers—and when Sonny asked what he was doing told him he was in business, and nothing else.
And then the next time he had seen in the newspapers that the mob had popped somebody—the cops found a body out by the airport with .22 holes in his temples—he went to Sonny Boyle and told him he needed a big favor, and when Sonny asked him what, he told Sonny that if the cops or anybody else asked, they had been together from ten at night until at least three o’clock in the morning, and that they hadn’t gone anywhere near the airport during that time.
And when Sonny had asked what he’d been doing, he told Sonny he didn’t want to know, and that if he would give him an alibi, he would owe him a big one.
That got the word spreading—Sonny had diarrhea of the mouth, and always had, which is what Frankie had counted on—and then he did exactly the same thing the next time the mob shot somebody, and there was one of them “police report they believe the murder had a connection to organized crime” crime stories by Mickey O’Hara in the Bulletin; he went to Sonny and told him he needed an alibi.
Three weeks after that happened, Sonny took him to the Inferno Lounge and said there was somebody there, the guy who owned it, Gerry Atchison, that he wanted him to meet.
He’d known right off, from the way Atchison charmed him and bought him drinks, shit, even as much as told him he could have a shot at fucking his wife, that Sonny had been telling Atchison about his pal the hit man and that Atchison had swallowed it whole.
There were to be other compensations for taking the contract in addition to the agreed-upon five thousand dollars. Frankie would become sort of a mixture of headwaiter and bouncer at the Inferno Lounge. The money wasn’t great, not much more than he was getting from Wanamaker’s, but he told Atchison that he was looking for a job like that, not for the money, but so he could tell the cops, when they asked, that he had an honest job.