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Weekly 150: Earl David Birchem

Dresden’s Felonious Gangster

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A few months back, I came across a Facebook post about “Weakley County’s notorious gangster of the 1940s.” I had never heard of Earl David Birchem, but his crime spree and subsequent capture were very intriguing. This story may be a little longer than most, but it is well worth the read. I would also like to take a second and thank Shawn M. Herron and The Courier-Journal for supplying the research for the story.

Earl David Birchem was born October 15, 1902, to William A. Birchem (1875–1913) and Flora Birchem (1881–1910). He was reared in a small community five miles north of Dresden. Not much is known or written about Birchem until 1939 following his conviction for armed robbery of the Peoples Bank of Dresden. He was sentenced to 20 years in a Tennessee State Prison.

Upon escaping the penitentiary, he lived his life on the run and was considered to be the FBI’s Public Enemy #1. He was wanted in Tennessee, Kentucky, Kansas and Ohio for robbery, burglary and countless episodes of prison escapes during the 1940s. Then one night, it all came to an end.

Around 9:15 p.m. on August 14, 1949, Louisville Police Officers John Tennyson and John Ross radioed that they were on East Chestnut Street, trying to stop a late model Packard with Kenton County license plates.

Later, Officer Ross stated that when he got a good look at the driver, as they pulled alongside to talk to someone they thought was simply a confused driver, he recognized the individual from wanted posters at the station (Earl David Birchem), but wasn’t sure of the subject’s name.

He told the driver that he was under arrest and the chase was on. Ross fired once at the vehicle. The officers reported to the dispatcher that they’d turned south on Preston Street. Ross fired again. Dispatch made the call of the officers needing assistance. The chase ended when the speeding vehicle failed to make a turn and hit a tree on a side yard of Burnett Avenue.

Ross later reported he and Tennyson had gotten out of their vehicle and that he’d fired a warning shot into the air. The driver fled between houses, and the two officers split up, with Tennyson coming in through the front and Ross going around to the other side.

Tennyson encountered Birchem first, and from a range of fewer than six inches, Birchem shot him twice in the chest. According to witnesses, Tennyson screamed “God help me! I’m shot!” – and died immediately. Ross encountered him moments later but did not know Tennyson had been shot. At that time, Ross thought that he had only one bullet left in his revolver.

Birchem started toward Ross with his hands up, stating he was giving up, but when he was less than ten feet away, he pointed a weapon that had been concealed in one of his raised hands. He shot Ross twice, with both bullets passing through Ross’s left arm and entering his abdomen. Ross tried to fire back but the revolver only clicked. Fearing Birchem would return, he struggled to climb a fence and got back to his cruiser, where he collapsed.

A woman in the car, who turned out to be the driver’s wife, June Birchem, had stayed in the vehicle the entire time, screaming. The homeowner stayed with Birchem’s wife until additional officers arrived on the scene. Within minutes a huge crowd gathered slowing the investigation and the search.

Luther Williams and his wife, Kathleen, thought they heard fireworks several blocks away. When a neighbor’s dog began to bark, Williams, barefooted, walked outside. No sooner than stepping outside he saw Birchem jump over his fence. Holding a pistol in each hand, he ordered Williams to turn over his car keys. When Williams refused to cooperate, Birchem attempted to shoot Williams, but both pistols failed to fire.

Kathleen then slammed the back door shut as Birchem screamed for her to open the door. Again tried to fire the .38 pistols but nothing happened.

Birchem then put a gun on Williams’ back and forced him up the steps to the door. When they reached the top step, Williams “whirled around, grabbed the guns, and they fell down the steps.” From there Williams wrestled the guns away from Birchem and began choking him into submission until he gave in.

Kathleen Williams had called the police during the struggle. Approximately 20 minutes later, the police were at the Williams’ home. Luther, a former U.S. Marine, later said it was the first time he’d had a gun pointed at him. To add to the drama, the Williams’ had a 19-month-old son who was asleep inside. It was later learned that one of the revolvers had one live round left and would have been the next bullet to be fired.

Upon investigation, approximately $6,850 was found in the car and $7,521 was found on June Birchem. Three additional weapons were located in the vehicle including an automatic weapon (machine gun). After a short period of questioning, Birchem was taken to the hospital to be identified by Ross. Birchem was identified as the person in question.

Agent Fred Hallford, the FBI Special Agent in Charge, later noted that the driver, Earl Birchem, was on the FBI’s most-wanted list and the “top public enemy.” He had escaped from custody several times, most recently from the state prison in Kansas. His wife, June, was noted to also carry a small pistol and had left Alabama to meet her husband after his escape.

Birchem was wanted for the escape and several bank robberies, as well as other “smaller jobs” in the Nashville area. He was wanted in Louisville for the robbery and shooting of a city alderman, following the theft of a local business’s payroll.

Birchem was charged with murder in the Louisville Police Court the next day. On August 22, Birchem entered a not-guilty plea. The case was transferred to Judge Franklin Fitch, in the County Court, because the shooting had occurred outside the Louisville city limits of Jefferson County.

On September 1, an additional charge of assault and attempted robbery was filed against Birchem, with Williams being the victim. The case was resubmitted to the September Grand Jury resulting in Birchem’s re-indictment. The trial was moved to October 11 because of the re-indictment.

On October 8, Birchem attempted to escape Jefferson County Jail when he managed to saw through two of the bars on his cell and used two fake guns carved out of soap. He managed to get past one guard but was subdued by additional guards before he could escape.

The jury heard both sides of the case and retired to deliberate the verdict. It took just an hour and nine minutes of deliberation before the jury returned a verdict of guilty and recommended death. A motion for a new trial was denied and he was sentenced to be executed on March 18, 1950. A series of appeals prolonged Birchem’s execution date.

At 1:10 a.m., on February 1, 1952, David Earl Birchem was seated and strapped into Kentucky’s electric chair where he was executed. His body was released to his family, and he was buried at the Pisgah Methodist Church Cemetery, in Martin, Tennessee.

As for June Birchem, she was given probation for her cooperation, left Kentucky and was last known to have moved to Detroit, Michigan.