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73 pages 2 hours read

David Grann

Killers of the Flower Moon

Nonfiction | Book | Adult | Published in 2017

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Part 2, Chapters 19-21Chapter Summaries & Analyses

Part 2: “Chronicle Two: The Evidence Man”

Part 2, Chapter 19 Summary: “A Traitor to His Blood”

As legal proceedings against Hale and Ramsey began, given Hale’s power in Oklahoma, White and the prosecutors wanted the murder trial to take place in federal, rather than state court. Some of the murders, including Anna’s, had not taken place on Osage land, but since Henry Roan had been killed on an Osage allotment, prosecutors decided to try this case first.

As the grand jury proceedings got underway in January 1926, witnesses were threatened and endangered, presumably by people working for Hale. Even the Bureau agents worked in pairs for safety. White was most worried about Ernest Burkhart, on whose testimony so much of the case rested. He was taken out of state by federal agents, hidden and protected until the case began. A judge ruled that the defendants could not be tried in federal court because an allotment of land was not the same as tribal territory. Prosecutors appealed the decision to the US Supreme Court, but that would take months. To prevent Hale and Ramsey from going free, prosecutors resorted to the state courts, even if a fair trial was questionable.

In early March, a preliminary hearing brought all the players together in court for the first time. Hale’s lawyers shook Ernest Burkhart’s resolve, meeting with him privately and then requesting a delay until the next day, which the judge granted. When the court reconvened, it was announced that Burkhart would not testify for the state, but would instead be a witness for the defense. Under questioning, he denied knowing anything about the murders or being involved in any way. In turn, the prosecutors charged Burkhart with conspiring with Hale and Ramsey in Roan’s death, scheduling his trial first to strengthen their case against the other two.

White faced another crisis when Burkhart’s trial began in May. All three men accused of killing Roan claimed under oath that White and his agents had virtually tortured them to elicit confessions. Hale described electric shocks and having a loaded gun thrust in his face. Hoover worried that the allegations put the reputation of the entire Bureau in jeopardy. However, Kelsie Morrison, the outlaw working for the Bureau, admitted to killing Anna on the stand. In detailed testimony, Morrison described how he had shot Anna, with Bryan Burkhart aiding in the murder.

In early June, Mollie and Ernest’s 4-year-old daughter died. Mollie attended the funeral and then returned to court to watch the trial. The death affected Ernest, who flipped again to come clean and support the prosecution’s allegations. He pleaded guilty to the charges against him and was sentenced to life in prison. Now the trial of Hale and Ramsey could begin. White was somewhat skeptical of the chances, given what Hale had pulled earlier, but he did receive some promising news: The Supreme Court had ruled that the case could be tried in federal court.

Part 2, Chapter 20 Summary: “So Help You God!”

In late July, Hale and Ramsey’s trial for the murder of Henry Roan began. White felt that the outcome hinged on “whether the witnesses and the jury became tainted” (214). However, a larger question hung over the proceedings as well: “Would a jury of twelve white men ever punish another white man for killing an American Indian?” (214-15). Ernest Burkhart testified for the prosecution, this time holding firm in pointing the finger at his uncle. When Hale was called to the stand, he denied everything. Toward the end of August, the jury began deliberations. After five days, a hung jury was declared, and the prosecution alleged that at least one jury member had been bribed. Later, Bryan Burkhart’s trial for killing Anna also ended in a hung jury. Justice for Osage people was hard to come by, even after all the evidence White had amassed. 

A new trial for Hale and Ramsey began in October 1926. This time, the Bureau guarded the jury members against potential tampering. The second trial was shorter than the first, and the jury took only one day to return a verdict of guilty, with the qualification that the sentence be life imprisonment rather than the death penalty.

Back in Washington, Hoover used the news as part of his public relations campaign for the Bureau. He asked White to send him information about the case that he could feed to the press. However, though Hoover praised White’s team in private, he never mentioned them in public; the Cowboys did not fit the new image of a clean-cut, college-educated Bureau.

In an ironic twist of fate, shortly after the case ended, White became warden of the Leavenworth federal penitentiary in Kansas. In November, he greeted two new inmates: William Hale and John Ramsey.

Part 2, Chapter 21 Summary: “The Hot House”

This second section ends by wrapping up the loose ends in the aftermath of the trial. Mollie divorced Ernest Burkhart and later married a man who had white and Creek ancestry. In 1931, she was finally deemed legally competent, no longer requiring a guardian for her financial affairs.

The Bureau grew in importance as it was involved in many high-profile cases in the 1930s, including the kidnapping of Charles Lindbergh’s baby and the hunting down of gangsters like John Dillinger. It was renamed the Federal Bureau of Investigation and given expanded powers. Hoover’s profile also grew in the public imagination, as he remained the public face of the FBI through numerous presidential administrations, serving until he died in 1972.

Tom White continued as warden of Leavenworth into the early 1930s, and was known as a fair and compassionate overseer of the overcrowded prison. One gangster credited White with helping him turn his life around, saying that something White told him gave him a “ray of hope” (226). William Hale relied on his old frontier skills to tend to livestock on the prison farm, and White treated him equitably, even letting his wife visit more than the policy allowed.

At the end of 1931, several prisoners orchestrated a breakout, taking White hostage as they fled the grounds. They ended up at a farmhouse, where they took two more hostages: a teenage girl and her younger brother. White pleaded with his captors to let the children go unharmed. When White tried to wrestle away one of their guns, a prisoner shot him, leaving him bleeding and unconscious. White survived, though his arm was badly damaged; he was credited with saving the lives of the children. After he recovered, he took a less-demanding job at a prison in Texas, where he worked until his retirement in 1951. He died in 1971, at age 90.

The story doesn’t end there, however. Grann closes the chapter by writing that “there was something essential that wasn’t included in […] historical records, something that White himself had missed”: an “even more terrifying conspiracy” (238).

Part 2, Chapters 19-21 Analysis

The end of the book’s second section details the trials of Ernest Burkhart, William Hale, and John Ramsey. Grann argues that the prosecutors’ two main challenges were obtaining a fair trial and protecting the integrity of the witnesses. They sought to have the trial take place in a federal court, fearing that the entire legal system of Oklahoma was potentially compromised: Such was the extent of Hale’s considerable influence, marking The Corrupting Effect of Money. Hale’s people threatened and cajoled witnesses to influence their testimony—most significantly, Ernest Burkhart, whose change of heart threatened to upend the entire case against Hale and Ramsey—and bribed jury members to return no verdict.

Grann also points out that Hale’s corruption was enabled partly because the case was about white residents murdering Indigenous people. Anti-Indigenous Racism and Prejudice meant hung juries raised few eyebrows, as the community was willing to allow killers in their midst to go free. This highlights how difficult it was for the Osage Nation to get justice, even with an abundance of evidence implicating the killers.

Grann’s comparison of White and Hoover continues indirectly, as he chronicles their lives following the Osage murder trials. Grann never stops portraying White as a fair and compassionate lawman, devoted to justice and embodying an empathic humanity: an avuncular warden of Leavenworth and the hero of a prison break. Hoover, on the other hand, comes across first as a public relations man—always looking to burnish the Bureau’s reputation as well as his own—and then as a power broker, consolidating his grip on the Bureau over the decades. Grann’s implication is that Hoover did not fully appreciate White and other old-school lawmen—Hoover was always eager to avoid The Pull of the Past on the Present—even though their stellar work did much to raise the Bureau’s profile in the public’s imagination.

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