Pušalotas, Lithuania

Pusalotas Gang of Thieves – 1841-1843

Berko Margolis adventures

INTRODUCTION

Berko Margolis, son of Gilel and grandson of Girsh, was about 29 years old in 1841. Berko was registered in the Pakruojis kahal (Jewish self governing body) but lived in Pusalotas, a shtetl 15 miles ESE of the town of Pakruojis. He paid the Pakruojis kahal 50 rubles each year “he did not know what for”, was married, had children, was literate in Yiddish, and owned a house with a shop, and a tavern in Pusalotas where he lived. Berko Margolis must have been one of the richest and most prominent residents of Pusalotas. How he acquired his wealth is another story. His father, Gilel Margolis (son of Girsh), from the Pakruojis kahal was the collector of the Pusalotas box tax in 1841 so he also must have been a wealthy man.

BERKO IS ARRESTED

Berko Margolis was arrested in Pusalotas, Lithuania in February of 1842 and accused of stealing three horses. Upon investigation, it appeared that Margolis already had a criminal record. The first time he was arrested was for the theft of horses in 1836. He was sentenced by the Vilnius Criminal Court Chamber to corporal punishment – flogging (15 rods) and, if his community guaranteed for him, had to be sent back to his place of residence. If not, he had to be exiled to Siberia. The second arrest was on August 29, 1840 by the Panevezys Town Court. Berko was sentenced to 25 rods of flogging and again sent to his former place of residence. The third time Berko was arrested was by the same court on December 31, 1840 – to 35 rods. However, on the second and third charges the penalties were cancelled by the Vilnius Criminal Court Chamber.

BERKO’S NARROW ESCAPE!

On August 11, 1841 four horses were stolen from the peasants of Pokorine village in the Raseiniai district. The peasants managed to find the horses in some tavern, but the suspected thieves - two Jews and one dressed in Christian clothes - ran away. One of the Jews swam across the Dotnuvele River and disappeared on the other side. The peasants took the horses to Montvidava village and in the tavern there found Berko Margolis in wet clothes. They immediately accused Margolis of being the horse thief who got away by swimming across the river. Not so, exclaimed Margolis! He explained that he had gone to Kedainiai to buy cucumbers but, as the prices were not lower than in Pusalotas, he bought nothing and on his way home decided to bathe in the river as it was very hot. He had left his clothes on the bank, but while he was swimming in the river, some girls who were passing by threw his clothes into the water and that was the reason for his clothes being wet. He went to the Montvidava tavern where he planned to spend the night. The peasants took him to the Raseiniai police but, as Berko said he knew nothing about the stolen horses, he was released when Raseiniai Jew Abram Blokh (son of Chaim), guaranteed for him.

The hysteria surrounding stolen horses, added to the fear of Berko Margolis and his gang, touched innocent Jews in the area as well. In 1841, Mordkhel Gutman (son of Gershon), was arrested on suspicion that he traded in stolen horses because he traveled around through the area. He was found innocent however when it was proven that he was the official representative of the Lygumai kahal. His job was to travel around and register Jews belonging to the Lygumai kahal but living in other places.

ARRESTED AGAIN!

In February, 1842, Berko Margolis was again arrested in Pusalotas. It was found out that Berko and his accomplices had stolen, in the Upyte (Panevezys) district, up to 1,500 horses. The peasants even had no horses to plough with, and the landlords were glad to pay money to Berko to save their horses. Berko was known as dangerous in the entire gubernia (region). With Berko Margolis, a number of other people, both Jews and Christians, were also arrested on suspicion that they belonged to Berko’s gang – including Zelman Khatskeliovich, Girsh Zelmanovich, Zelman Yoneliovich, Berko’s father Gilel Margolis (age 62-son of Girsh), Berko’s brothers Leyba (age 26) and Girsh Vulf (age 22). In March a few more people, and in May, Berko’s mother Beylia (age 55) was arrested. With Berko arrested, everybody hoped that was the end of the terrible gang but, as events continued to unfold, they were mistaken.

After his arrest, Berko wanted to write a complaint to the governor, but was not given the opportunity to do so. He was kept in Pumpenai, but was taken to Panevezys to be interrogated, where he was questioned by the Chief of Police of the district (ispravnik) Dobrovolsky. Berko told the ispravnik that he knew that in the Pusalotas kahal 1834 revision list about 100 men were omitted. The ispravnik asked Berko not to tell anybody about it and not to write to the governor. At that time Berko’s mother was in Panevezys. She came to ask the ispravnik about Berko, and the ispravnik reassured her that everything would be all right and Berko had an opportunity to see his mother.

ESCAPE YET AGAIN!

When Berko was taken back to Pumpenai, he was visited by Pusalotas kahal elders David Yudeliovich (or Leybovich – age 50 in 1843), Leyba Margolis (son of Osher), and David Benyaminovich (age 31 in 1843). They reproached Berko for telling the ispravnik about the incorrect revision list, repeating what Berko had said to the ispravnik, and they boasted that Berko would not be able to harm them. If he persisted in his accusations, they would ruin him. They suggested it would be better if Berko somehow escaped from the arrest and, in this case, promised their help. Pumpenai kahal elder Movsha Abeliovich also visited Berko, reprimanded him for complaining to the ispravnik and intending to write to the governor, and promised his help in escaping from jail. For 6 days after that Berko was not questioned by anyone and, on an evening in March, 1842, Movsha Abeliovich took out the window of the room Berko was kept in, and Berko escaped.

BERKO IN HIDING

For two days he stayed in the house of Movsha Abeliovich in Pumpenai and then, Pusalotas kahal elders came and took him to Pusalotas. For two weeks he stayed in the house of Leyba Trayteliovich in the daytime and in the barn of Leyba Margolis (son of Osher) at night. Berko’s family did not know about his escape and hiding in Pusalotas, so his mother went to Panevezys to petition for him. On her return, she was arrested by a lower police officer (pristav) Klusov.

After two weeks of hiding, a decision was made that it was too dangerous to keep Berko in Pusalotas any longer. Kahal elders Leyba Margolis and David Benyaminovich supplied him with a certificate (Berko said he had lost it), took him to the road to Smilgiai, and left him there.

So, Berko again managed to escape, and the rumors were that he was assisted by the officials of the local police and court. Horses started disappearing again. Berko’s description was sent to the police of Ukmerge, Raseiniai, Kaunas and Vilnius districts, where he was said to be about 30 years old, of average height, with clear face, brown hair, large nose, grey eyes, a small beard, and one joint of the forefinger of his right hand missing.

BERKO CAPTURED!

Later on when Berko was caught in Ukmerge on July 2, 1842, and was questioned, he did not say anything about where he had stayed during the previous months. In all probability, some of his time was spent living with his sister, Shliovka. She was the wife of Itsik Podberzhasky (age 40 in 1843 - son of Ovsei). Itsik and Shliovka lived in the Paberze Tavern, 21 miles from Pusalotas. Berko claimed he had forgotten the people who had given him shelter.

In July of 1842 Berko came to Ukmerge and there he met Yudel Noteliovich who was taking some Jews to Vilnius. Noteliovich agreed to take Berko to Vilnius also as Berko claimed that in Vilnius, he intended to give himself in to the officials. On their way to Vilnius, they stopped at the Pivonija tavern. On the same day, July 2, 1842 the Court Clerk Bavblevsky was also going to Vilnius. His coachman was a Jew from Siauliai, and his fellow travelers were Itsik Yoffe (elder of Vieksniai kahal), Movsha Rayvid from Telsiai, and some nobleman from the Siauliai district. A few miles from Ukmerge, he noticed two carts with five Jews going in the opposite direction, and recognized one of them as Berko Margolis. He suggested to his fellow travelers that they catch the notorious thief, but they refused as they were afraid of the thieves. Bavblevsky ordered the coachman to turn back and follow the thieves, but he also refused. Bavblevsky got out of the cart and followed the thieves alone, walking. On his way he met some Russian peasant in a cart who agreed to help, and they found the thieves, all 16 of them, in the tavern Pivonija drinking vodka with the tavern-keeper. He managed to frighten them all, leaped at Berko, tied him up and took Berko with Yudel Noteliovich by cart to Ukmerge.

In Ukmerge, Berko threatened all the officials boasting that this was not his first arrest and that they would remember Berko all their lives…Police investigator Pikturno urged him to give false testimonies, and Berko refused to answer the questions and demanded to be interrogated only in the presence of the gendarme officer and military chief of the district (“voenyj nachalnik”). He was shackled and given no food. A few days later, the military chief came to the local court where Berko was kept, and was in the next room, but was not informed about Berko’s demands. Desperate, Berko started making noise with the chains on his feet and attracted the attention of the chief. However, the military chief had no time and promised to interrogate Berko some other day. The next day, during lunch time and when the office of the court was empty, lawyer Snarsky arrived and said that if Berko had not been caught his family would have been released. He urged Berko to escape again but Berko replied that it was impossible as he was in chains, and he hoped the military chief would listen to him. Snarsky disagreed and promised to help him to escape.

BERKO BECOMES A REAL ESCAPE ARTIST

Berko wrote a note to Nokhim Luria from Panevezys asking him to go to gendarme officer Miller, who resided in Panevezys, and tell him that Berko wants to see him. Berko sent the note with a messenger, and received the answer that Luria would do it.

Berko informed clerk Moshinsky that he was going to escape as he was receiving no food, and asked him to inform interrogator Pikturno about it. Nothing changed, so the escape was arranged. On the appointed evening Berko noticed that the usual guard in the adjacent room was not there, and the nails of the boarded up window of his room were loose. In the closet he found a set of tongs and, using them, he took off the chains and climbed out of the window.

Berko went to Kedainiai, spent the night in a tavern there, and then went to Kaunas where he spent five weeks employed as a day laborer on the Nemunas River. Later he went to Libava where he lived till late autumn, and then returned to Pusalotas. In Pusalotas he met shkolnik (synagogue sexton) Aria Leybovich who informed Berko that his family would be released from the Panevezys jail soon as the bail of 100 silver rubles was paid for them. Berko, through his wife, asked shkolnik Leyba Gershonovich to go to Panevezys and find out the state of Berko’s case. Berko also wanted to know if there was a gendarme officer in Panevezys. Instead of the answer, Leyba Gershonovich’s trip to Panevezys resulted in something entirely different.

In November of 1842 in Panevezys, the local mayor Leonovich, came to Gendarme Captain Serpinsky. The mayor informed him that the brother-in-law of the runaway criminal Berko Margolis, Itsik Podberzhasky (age 40 in 1843, son of Ovsei, a day laborer, literate “in Yiddish”, married, having children), and the shkolnik of Pusalotas kahal, Leyba Gershonovich, came to Odinets, the secretary of the local municipality, and to the mayor himself and petitioned for the release of Margolis family members. Panevezys officials decided that this may be useful and help to find out where Berko was hiding, so they promised to release Berko’s family and took from Podberzhasky 50 rubles in cash and a written promise to pay 50 rubles more. On November 17 these Jews again came to the mayor. Captain Serpinsky found them there, demanded to know where Berko was hiding, and threatened to arrest them as accomplices. They asked to be permitted to return to Pusalotas and promised to find out the hiding place of Berko. Serpinsky gave them 3 days for that. On November 20 Leyba Gershonovich informed Serpinsky that the next day Berko was expected in Pusalotas – to spend Sabbath at home with his wife, and that Itsik Podberzhasky, in Pusalotas, was watching Berko’s house.

THE FINAL CAPTURE

On November 21, 1842 Serpinsky went to Pusalotas with mayor Leonovich and Leyba Gershonovich. Both Serpinsky and Leonovich had never seen Berko so they took clerk Bavblevich, who had once caught Margolis, with them. In Pusalotas, Serpinsky learned that Margolis had stayed in his house the whole day, but recently went to the tavern Shnureli to visit his uncle, Yudel Zak (age 62 in 1843 - son of Zelman) from the Pumpenai kahal, who was living in the Pusalotas parish in the Shnureli Tavern. They looked for Margolis in Shnureli, but it appeared that he had already left. Serpinsky and his assistants came back to Pusalotas, where they found and arrested Berko’s accomplice, Shimel Leyb Davidovich. They then surrounded Berko’s house and found him inside together with two stolen horses. Berko Margolis was taken to Vilnius, and Davidovich and the stolen horses – to Panevezys.

THE TRIAL

In January, 1843 Berko was finally brought to trial in Vilnius. He denied all the charges and testified that at the end of 1841, the chief of police (ispravnik) of the district- Dobrovolsky and lawyer (striapchij) Snarsky confiscated three allegedly stolen horses from Zelman Khatskeliovich. Khatskeliovich stated that he had bought these horses but was told to pay 30 rubles to get them back. As he did not have such a sum, he asked Margolis to buy up the horses. Berko went to Joniskis, where he found ispravnik Dobrovolsky, and handed him 30 rubles. However, Khatskeliovich was still required to produce certificates that these horses were bought. A lower police officer (pristav) Klusov, demanded that Berko should give the three horses he had bought from ispravnik Dobrovolsky to him.

Berko went to Panevezys to ispravnik Dobrovolsky to complain, and there he met the secretary of the local police Kuntsevich, who promised for 10 rubles to settle the matter. Berko did not have the money with him, so he borrowed it from a Panevezys Jew Nokhim Luria, and handed it to Kuntsevich. When Berko returned home, pristav Klusov, who was appointed to investigate the case of the three horses, demanded to be given 30 rubles like the ispravnik. Klusov threatened that otherwise, Berko would regret his greediness. Berko refused to pay, and that, he claimed, was the reason for his arrest.

Berko also stated that this was not his first payment to isparvnik Dobrovolsky – in 1841 he had given him 6 rubles and a barrel of herrings. Berko’s father, Gilel Margolis (son of Girsh), who had been the Pusalotas box tax collector in 1841, also testified that ispravnik Dobrovolsky demanded to be given 10 percent of the whole tax amount. Gilel Margolis could not afford it, but suggested to pay the ispravnik in meat - beef and pork. Unfortunately, he was not able to deliver the required amount in time. Dobrovolsky also demanded payment from other Jews.

Berko also stated that isprvanik Dobrovolsky, as well as all the other police officers in the Upyte (Panevezys) district received annual payments from all of the Jewish kahals. Pusalotas kahal paid 100 rubles and larger kahals even more. Because of it, police did not investigate illegal deeds of kahal elders. Berko had been told about this annual payment by the former Pusalotas shkolnik Sinay Davidovich and former Pumpenai shkolnik Mortkhel. Berko also testified that not only Jewish communities, but also the representatives of all the parishes paid certain sums annually to ispravnik Dobrovolsky. The amount of money depended on the recommendations of Pasvalys Jew Sholom Lazarovich who acted as a middleman. Berko learned about it from the Pusalotas parish elder Mateush Skop, who once had asked Berko to give Sholom Lazarovich 50 rubles for the ispravnik.

The fact that police officials were bribed seems only natural. Perhaps the majority of Russian local officials were bribed as it was the usual practice. Some officials stated that the money they received was just loans and not bribes. It is also possible that Berko Margolis lied about the bribes, or at least some of them, in an attempt to save himself from a harsh sentence.

According to Berko, though Pusalotas kahal elders managed to pass a decision proclaiming Berko an evil man and denying his family the right to reside in Pusalotas, this decision was signed only by four kahal elders, and not by two thirds of the community, so it could not be valid. The kahal elders were just afraid that Berko might disclose their frauds in taxation, recruitment, etc.

Berko also testified that one of the accused, nobleman Verzhbitsky, when arrested in Klovainiai with a stolen horse in 1842, paid pristav Dobuzhinsky 10 rubles for his release. A few months later, Verzhbitsky with Jews Binka Khaykeliovich and Leyzer were again arrested with stolen horses, and they paid 30 rubles and were released. Margolis asked to question the manager of Nurkany estate, Dudzinsky, who accused Berko of stealing horses from local peasants. According to Margolis, Dudzinsky himself had Jews Itsik Portnoy, and his brother Chaim, who traded in stolen horses living in the estate and had deals with them.

In 1843, Leyba Margolis (son of Osher) was 42 years old, an elder of the Pusalotas kahal for the 12th year, married, had children, was literate “in Yiddish” , and had no criminal record. (Note: Leyba Margolis was the great grandfather of Howard Margol – the author of this article).

During the trial, Leyba testified that he had never visited Berko with other kahal elders in Pusalotas, never encouraged him to escape, and never threatened him. Also, he had never hidden Berko in his house, and actually had not seen Berko since the latter escaped from imprisonment. Berko was just trying to take revenge on him for passing the community decision declaring Berko a Jew of bad conduct. Itsik Podberzhasky, with Berko’s sister Shliovka, had visited him and asked him to petition for the release of the Margolis family. He had answered that shkolnik Leyba Gershonovich was going to Panevezys the next day and suggested they ask him to present the petition. According to Leyba Margolis, the kahal elders never sent shkolnik Leba Gershonovich to petition for the Margolis family themselves and the Pusalotas kahal had never paid ispravnik Dobrovolsky any money.

The priest of Pusalotas church Ambrozhevich stated that he had bought from Berko Margolis a horse with a cart for 73 rubles - he gave Margolis his own horse worth 30 rubles and 43 rubles in cash; Then some resident of Courland gubernia came to Pusalotas and recognized the cart and horse as his property which had been stolen from him. The cart and the horse were given back to the owner; Berko returned the priest part of the money, but still owed him 43 rubles. Berko claimed that he had bought this horse with a cart from a Jew named Yankel...

FINAL COURT HEARING

The final hearing in the case of Berko Margolis’ “Gang of Thieves” was held in the Panevezys district court in February, 1844. The file of the court case contains the results of the investigation of the “Gang of Thieves”. Many officials (Dobrovolsky,Snarsky, Klusov and others), when testifying were already called “former officials” so, in all probability, they were found guilty if not in conspiracy with Margolis, at least in negligence in performing their duties.

Decision of the court:

1. Zelman Khastkeliovich was accused of stealing three horses - case against him was dismissed as he died in jail on January 31, 1843.

2. Berko Margolis pleaded not guilty - he was found guilty of stealing horses and, as already having a criminal record, was sentenced to 50 rods and recruitment into the army. If not suitable for the army - exile to Siberia.

3. Peasants Jan Tamulynas, Jan Mikelis and others who let Berko Margolis escape from Pumpenai on March 16, 1842 (they went to eat at a Christian house as Margolis was kept in a Jewish house and it was the Jewish holiday of Pesach, so they could not eat bread there) were reprimanded and warned to be more careful when standing on guard in the future.

4. Beylia Margolis, mother of Berko - accused of collaborating in stealing horses with her whole family - case dismissed as she died in January of 1844.

5. Leyba Margolis, son of Girsh - he already had a criminal record in 1836 - found guilty in collaborating with the thieves and sentenced to 20 rods and recruitment into the army - if unsuitable - to penalty company (“arestantskije roty”).

6. Gilel Margolis, son of Girsh, and his son Girsh - pleaded not guilty, but it was proven that Gilel Margolis for several years had been trading in horses and had no documents about the purchase of them. They both were closely connected with Berko’s gang and collaborated with the thieves. Gilel was sentenced to 20 rods and exiled to Siberia. Girsh - to 5 rods and recruitment into the army, if not suitable - to penalty company.

7. Girsha Zelmanovich - was found guilty of stealing a horse, collaborating with the thieves, participating in the assault on Joniskelis elders trying to set free the recruits in 1840, and sentenced to 15 rods and exile to Siberia.

8. Binel Khaykeliovich - pleaded not guilty in stealing horses - he had sold horses to various people without any documents about the purchase of them, and was found guilty of collaborating with the thieves - sentenced to 20 rods and recruitment into the army. If not suitable - to penalty company.

9. Zelman Yoseliovich - was not accused of stealing horses, but it was proven that he helped Berko to buy a stolen horse from a Jew named Neyburg - he remained under suspicion.

10. Nobleman Verzhbitsky - was not accused of stealing horses but he had bought several horses from suspicious people without any documents, so he remained under suspicion.

11. Leyzer Davidovich - kept a horse which had been stolen from the landlord Sevruk. It was proven that the horse was left at his house by Raguva Jews Benyamin Movshovich and Berko Mendeliovich as the horse was tired, so he was left under suspicion.

12. Mishel Leyba Davidovich - in 1840 he was caught with two stolen horses. The case was not closed and he twice escaped from imprisonment. In 1842 he again was on trial. It was not proven that he participated in stealing horses, but he had connections with members of the gang of thieves – sentenced to 25 rods and recruitment into the army. If unsuitable – to exile in Siberia.

13. Yankel Sher, son of David - was found in the house of Berka Davidovich, but his guilt was not proven so he was acquitted.

14. Nobleman Yosif Skinder - was suspected of stealing horses in 1840. Since this happened before the Royal Manifest of April 16, 1841, which granted a pardon, the penalty was cancelled, but he was left under suspicion.

15. Peasants Adam Romashkevich and Anton Rimkevich - they let Leyzer Davidovich escape from imprisonment. They were reprimanded and told to be more careful in the future when standing on guard.

16. Gilel Shmerkovich - participated in deals with stolen horses. He was sentenced to 25 rods and to be sent to his permanent place of residence.

17. Vikenty Yutsevich - was suspected of dealing in stolen horses. He had died in 1843 so the case against him was dismissed.

18. Aleksander Lelov - treated a sick stolen horse BerkoMargolis brought, but as he did not know about it, neither about Berko’s escape from prison, he was acquitted.

19. Itsik Plavginsky (son of Abel), and Abram Shaiovich - were accused of stealing horses. Plavginsky’s case had to be transferred to a Military Court and Shaiovich had been released and then disappeared, so his case was adjourned.

20. Yankel Neuburg (son of Izrael), - was accused of stealing a horse from a resident of Altraden(?), so his case was to be heard in the court in Bauska.

21. Two horses found in the stables of nobleman Dydzinsky, as well as the property of Gilel Margolis (son of Girsh), Berko Margolis (son of Gilel), Leyb Margolis (son of Gilel), and Zelman Khatskeliovbich was to be sold on public sale. The money had to be given to nobleman Rimgaylo - to compensate for the stolen horse, to cover the expenses of the investigation of the case and, what is left – to the Department of Public Care (Department in charge of charity institutions).

22 Benyamin Kobrin (son of Fishel), his brother Berko, and Girsh Izraeliovich - They were caught with 9 horses and had no documents explaining where they had gotten them. None of the horses were identified as stolen, so they were left under suspicion.

23. Itsik Misheliovich - accused of hiding Plavginsky was acquitted.

The above details are based on facts derived from the original police and court records, over 1,000 pages, stored in the Kaunas Regional Archive (KRA/ I-72/2/213-214) in Kaunas, Lithuania. My heartfelt thanks go to Vitalija Gircyte, Chief Archivist of the Kaunas Regional Archive, for all of her help in translating various portions of the original records.

Copyright 2005 – Howard Margol, Atlanta, Georgia, homargol@aol.com