Funter Bay History: Frozen Foot Johnson

March 13, 2014

One of Funter Bay’s colorful residents was an Alaskan entrepreneur named Edward “Frozen Foot” Johnson, who operated a moonshine still at his cabin from 1917-1922. The nickname originated from a bad case of frostbite in 1911.

johnson

Johnson is mentioned in the book Distant Justice; Policing the Alaskan Frontier, which introduces him as the proprietor of Nome’s Arctic Saloon around 1915. Court records from the time refer to it as the Arctic Billiard Parlor (or Parlors, Hall, or Room), and note that it was essentially a large back room off the Arctic Cigar Store in the Winsor or Windsor Building at 96 Front St. The building was owned by Johnson and the business licenses held by his partner A. C. Laird.  Frank J. Mielke sold the property to Mr. Johnson in June 1915 on an installment plan. Previously it had been known as the “Winsor Bath House” (operated by Fred Berg), and included a pool hall & cigar store known as “Daves Place” (per Kinky Bayers notes and court records). Johnson was also apparently known as “Rube” to some Nome residents, this could have been another nickname or a middle name, perhaps short for Reuben.

While alcohol was legal in Alaska before 1917, gambling was not, and Johnson was frequently in trouble with the authorities for what he called “fun and profit” at the Arctic Saloon. Johnson claimed the gambling law did not apply to him “on account of his being crippled so he could not get out and work”. His gambling activities were well known around Nome, at least one deputy threatened that he “would get him”, and complained about Johnson “ringing buzzers on him” (to warn gamblers that the cops were coming). Eventually a paid informant was used to spy on the card games and set up a bust at the Arctic. After several indictments, fines, failed appeals, and “harrasment” from law enforcement, Johnson declared that it was “Too bad for Nome”, sold the saloon, and moved to Juneau in 1917.

Johnson appeal

With Alaska’s liquor prohibition just beginning, Johnson found a new source of income in moonshine. Distant Justice author William R. Hunt states that Johnson operated a still at Funter Bay from 1917 to 1922, apparently without much trouble from the authorities. He would transport the moonshine by boat to Juneau’s “thirsty residents”. Other sources indicate that Johnson had a number of stills going, including one at Point Howard across Lynn Canal from Funter, and one at his house in Juneau. As mentioned before, remote sites like Funter were prized by bootleggers as a way to avoid notice and “launder” their supplies of grain and sugar through fox farming or other legitimate enterprises.

Johnson may have been under suspicion for some time, as one article notes that he “led prohibition officers on a merry chase around Juneau in the dry years”. A more serious brush with the law came in December of 1920, when his Gastineau Avenue house in Juneau caught fire. In the aftermath, a large still was revealed, and Johnson was arrested (per Kinky Bayers’ notes). The above article states that the still blew up and started the fire.  Another article mentioned that Gastineau Ave (aka “Swede Hill”) was becoming known as “Moonshine Mountain” after another still was found the following week. There seems to be no record of a conviction at this time, but the authorities kept a closer eye on Johnson over the next year.

In January of 1922, John B. Marshall, the Prohibition Director for Alaska, sent two agents to Funter Bay to investigate Johnson’s activities there. Agents J.W. Kirkland and W.C. Mayburn (Or McMayburn) found a two-story cabin at Funter Bay, equipped with a still and stocks of mash, sugar, and other moonshine ingredients.  Upon returning to Juneau with their report, the two agents were issued a warrant and sent back to Funter to bring in Frozen Foot. An article on January 23rd said that Johnson’s trial was set for the 25th.

The story takes another twist here. In fact there were apparently several stories told by the two federal agents to their superiors, none of which exactly matched. As the authorities put the pieces together, it emerged that Johnson was apprehended at Funter Bay, but bribed his way out of custody on the way to Juneau and vanished (Bribes of poorly-trained and underpaid prohibition agents were fairly common). A second expedition to Funter with different agents took revenge upon Johnson by seizing his still and burning his cabin to the ground. A grand jury later censured Director Marshall for “the unnecessary burning of the cabin”.

Unable to get his hands on Frozen Foot Johnson, Marshall turned on his agents with charges of perjury. James Wickersham, well known former judge and friend of John Marshall, was retained as special prosecutor for the government in July of 1922 (noted in his diary). The legal process dragged on through the summer. In September, Wickersham writes that “W.C. McMayburn… charged with perjury in connection with J.W. Kirkland & other crookedness with ‘Frozenfoot’ Johnson volunteered to tell the whole truth”. Mayburn/McMayburn struck a deal for immunity in return for testifying against Kirkland. Despite this, at Kirkland’s trial in October the jury failed to reach a verdict (Wickersham complained that there were “two or three bootlegging scamps on the jury”, and noted that the case looked “useless till ‘Frozenfoot’ Johnson is arrested and convicted” ). A second trial in November reached a “not guilty” verdict for Kirkland, as the jury decided that Mayburn’s testimony was unreliable. Prosecutor Wickersham wrote to US Attorney Shoup asking him to re-arrest Kirkland for perjury during the trials, but Shoup declined. As Mayburn had immunity, this left both former agents off the hook.

In the meantime Frozen Foot Johnson, the source of the scandal, managed to flee the state as law enforcement bickered over what to do with him. Albert Shoup claimed that Director John Marshall held up the warrant for Johnson to protect Mayburn’s testimony, but Marshall denied it and claimed it was Shoup who refused to arrest Johnson. Wickersham noted that even before Mayburn’s immunity deal, there was “trouble” between US Attorney Shoup & Prohibition Director Marshall, and that Wickersham had the role of middleman or peacemaker. After the case, the governor and other politicians questioned Shoup’s actions.

“Throughout hearings granted to Judge Thomas M. Reed and District Attorney Albert G Shoup, whose re-nominations in the first Alaskan judicial district were under fire, there were spread on the record frequent references to bootlegging, narcotic traffic, and other forms of vice; purported miscarriages of justice and ‘sour-dough’ nicknames such as frozen foot. … Delegate Sutherland charged Shoup had failed diligently to prosecute several liquor cases which had resulted in the failure to convict ‘Frozen Foot’ Johnson, whom he described as ‘the biggest bootlegger in Alaska.'”
From The Associated Press, “Conditions in Alaska”, The Anaconda Standard (Montana), 18 March 1926

Johnson seems to have escaped justice and eventually returned to the state, he was mentioned living in Sitka and having some “business” of undisclosed legitimacy in Petersburg with Ernie Carter (who later opened Ernie’s Bar in Sitka).

I’ve not been able to find much more detail on Frozen Foot Johnson, such as his origin or final fate. One newspaper claims that “Frozen Foot Johnson” died at the Sitka Pioneer’s Home in 1938 (meaning this could be his grave site), but other articles mention Frozen-Foot Johnson in Sitka in the 1940s. Several Ed Johnsons were at the Sitka Pioneer’s home around that time, so there could have been some confusion among reporters. Another Edward Johnson from Sitka was born in 1880, an Ed Johnson born about 1880 in Sweden was in Juneau in 1920, and an Ed Johnson born about 1881 in Sweden was in Nome in 1910 (per US census records).

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Funter Bay History: Moonshine

July 8, 2013

Moonshine is another tradition of Alaska life which had an impact on Funter Bay. In fact, moonshining in the area had an impact on the English language! The word “Hooch”, a popular term for homemade alcohol, originated on Admiralty Island:

hoochinoo   hoo·chi·noo, noun, plural hoo·chi·noos.
A type of distilled liquor made by Alaskan Indians.
1875–80,  Americanism; orig. the name of a Tlingit village on Admiralty Island, Alaska, reputed to be a source of illicit liquor; alteration of Tlingit xucnu·wú  literally, brown bear’s fort ( xú·c  brown bear + nu·w  fortified place)

From http://dictionary.reference.com/browse/hoochinoo

The word is commonly spelled “Kootsnoowoo” today, meaning “fortress of the bears”, the Tlingit name for Admiralty Island. The village is now called Angoon.

More information here, from the Merriam-Webster New Book of Word Histories.  Also here, and in this articleThis site also has some good information on Alaskan alcohol history. I found it interesting that kelp was sometimes distilled into moonshine, and that native distillers often supplied booze to white settlers, not necessarily vise-versa!

During prohibition (which started early in 1917 in Alaska), fox farms were a popular front for moonshining operations. The premise of a fox farm gave operators a reason to live on a remote homestead and have a large amount of grain on hand (fox diets were supplemented with corn or other grains). Bootleggers would drop off a crew on an island along with a still and supplies, and come back occasionally to pick up the product. Alcohol was also brought in on vessels from Canada, and was sometimes dropped off in secluded coves where bootleggers could collect it without fear of discovery. Here is a tale of a bootlegger’s attempt to scam a cannery over the loss of their smuggling boat. In another case, some bootleggers apparently decided to lower their up-front costs and switch to piracy; an article from January 1922 mentions that the vessel Clara (a 46′ fishing boat from Juneau) robbed the Canadian boat Vesta of her cargo of whiskey in Whale Passage.

Below is a diagram of a still (appearing to be made from surplus plumbing parts), from the Investigative Case Files of Prohibition Violations, 1924-1933, NARA Alaska-Pacific Region:
Portrait

Here’s a photo of a moonshine still in he woods from Alaska’s state library collections. Lazzette Ohman reports finding several stills in the woods around her family’s home in Juneau in the 1920s.

Bootlegging was apparently as hard to prosecute as fish piracy, the bootleggers were often seen as local heroes and Alaska residents delighted in confounding “the law”.  One story relates a speakeasy in Wrangell whose owner was let off by a hung jury despite apparently damning evidence. Another great story from the biography of area geologist John Mertie (who has a geologic deposit named after him at Funter Bay) showed what happened when unwilling citizens were roped into Jury Duty:

“I was waylaid by the town marshall and asked to serve on the jury…I had no interest in sitting on the jury but the marshall prevailed upon me… This was during the days of prohibition and involved a young man who had been arrested for making home brew beer… As the jurors left the court room to deliberate, a couple of them managed to appropriate the beer. We twelve sat around the jury room drinking the evidence. When it was gone we rendered a verdict of “not guilty”. The young man was elated and thanked the jurors individually. We in turn complimented him on his fine beer.”
Excerpt from “Thirty Summers and a Winter” by Evelyn Mertie.

To catch the smugglers, “Dry Units” and customs officials relied on fast patrol boats, some of them captured from bootleggers. A 1929 article notes that the 30-knot speedboat Three Deuces (AKA the 222), formerly belonging to notorious Puget Sound smuggler Roy Olmstead, had been brought to Alaska “to chase rum-runners”.

US Marshals destroy liquor in Alaska during WWI:
prohibition

As mentioned in an earlier post, a boat named Sandy from Funter Bay had a cargo of moonshine when it caught fire in Auke Bay on August 9th, 1928. The Sandy‘s crew were apprehended by customs and prohibition officers. They were not named, but owner L.F. Morris (a Juneau building contractor) was sentenced to jail on August 30th for bootlegging. Previously, in 1926, Morris’ nephew L.H. Cays was reported missing in a small open boat after leaving Horse Island (across the Bear Creek Trail from Funter Bay). This information is listed in Kinky Bayers’ bootlegging file, so it is likely that Cays was coming from a still on Horse Island.

The Bayers notes also mention that Neil Gallagher (of the Point Couverden fox farm, which got its mail in Funter Bay) was arrested in 1925 for bootlegging conspiracy, and again in 1928 for “rum running”. The later case got him 6 months in jail. The end of prohibition apparently did not end the family side business; Don Gallagher and Phil Cummings were “arrested and evicted” from Excursion Inlet for bootlegging liquor in June of 1943. This was well after Prohibition, but could have been due to military regulations (Excursion Inlet was a US army base and POW camp during WWII). Don Gallagher is also mentioned in an interview in T.B. Bott’s book The Greybeards; Gallagher operated the mail boat Forrester and supposedly ran into trouble for supplying alcohol to dry towns like Hoonah after WWII.

The troller Ada May with Scotty Boyce and his wife, and Ed Hibler, was apprehended after a long chase off Point Retreat in June 1930, with a quantity of bootleg whiskey on board. The Ada May was listed as visiting Funter Bay in another publication.

One moonshining operation was just south of Funter Bay. After prohibition ended, Funter resident Gunner Ohman appropriated the abandoned cabin for use as a summer fish camp. Local information says that during the moonshining days, some brown bears got into the product and went on a drunken rampage. Eventually the forest service had to come out and shoot them (They must have kept returning or started visiting other cabins looking for booze). This was not the only time drunk bears have been a problem at Funter, in the mid 90s some juvenile bears learned to associate cabins with food, and were known for opening coolers and biting beer cans. Supposedly they preferred Miller over Budweiser.

One still at Funter Bay was reportedly run by Ed “Frozen Foot” Johnson, formerly of the Arctic Saloon in Nome. He operated a still at Funter from 1917 to 1922 when he was caught. He managed to bribe the arresting agents and escape. Other agents then burned down his cabin. Kinky Bayers reported that Johnson also operated a still at Point Howard, across Lynn Canal from Funter Bay.

The end of Prohibition in 1933 is noted by Sarah Isto as a blow to fox farm profits, which were already suffering from the effects of the depression. Personal-use brewing, distilling, and smuggling continued on a smaller scale in some places, and is still around today. You can even buy a how-to book on Alaskan moonshining.

My Dad relates this about a former resident of Funter Bay who returned to visit in the 1970s:

“… he was looking for his mother’s still. … This guy reached under the porch step and pulled out a mason jar of moonshine, said it was where his mother hid it, we all had a sip. “

Bootlegging is still an issue in Alaska today, as many rural communities are “dry” or have banned alcohol. The profits from smuggling can be huge, but so can the penalties. While I was attending UAF in Fairbanks, one of our economics professors helpfully provided a case study in the economy of smuggling! Dr. Robert Logan was arrested in 2003 for flying drugs and alcohol to rural villages, and had his plane confiscated. Curious as to Prof. Logan’s current whereabouts, I came across this page. If that’s the same Bob Logan, he may have dipped into the products a little too heavily!