The 1923 trial of F. E. Curry is a tale of a lawman who, from performing official duties, became labeled a criminal and exemplifies the early 1920’s straddling the cusp of two violent criminal eras; the earlier post-Civil War outlaw era of robbing banks, trains, and stage coaches juxtaposed against the Roaring Twenties of liquor and drug running.
In 1922 59-year-old F. E. Curry had been sentenced in El Paso, Texas, to Leavenworth Penitentiary for a narcotic violationi. On May 7, 1923 federal narcotic agents in El Paso arrested Curry a second time at the intersection of Eighth and Stanton Streets.
When asked by the court during his second narcotic trial if he was guilty or innocent, Curry acknowledged his addiction and pled guilty to possession of a small amount of heroin and morphine, but offered the following defense,
“I have been an addict since 1895.I started using drugs after I was shot by Bob Ford, the man who killed Jesse James. Ford shot me when I tried to serve an injunction on him.””ii Curry added, “The wounds left me weak and I have been addicted to the use of drugs ever since, a matter of 35 years.”iii
Curry was held on $1000 bond.”iv
i Inmate Case Files, compiled 07/03/1895–06/06/1952. ARC ID: 571125, Records of the Bureau of Prisons, 1870–2009, Record Group 129, The National Archives at Kansas City, Missouri, Curry, F. E. #17834.
ii “Blames Killer of Jesse James for Getting ‘on Dope’,” El Paso Times, May 8, 1923, p. 14.
iii “Blames Bandit’s Bullet,” El Paso Post, May 8, 1923, p. 1.
iv El Paso Times, May 8, 1923.