a memo to Hoover, White explained that Burkhart’s “nerve went
back on him and, after he was allowed to see Hale and once more
be placed under his domination, there was no hope of his
testifying.” Instead, Burkhart took the stand as a defense witness.
One of Hale’s lawyers asked him if he’d ever spoken to Hale about
the murder of Roan or any other Osage Indian.
“I never did,” Burkhart murmured.
When the lawyer asked if Hale had ever requested that he hire
someone to kill Roan, Burkhart said, “He never did.”
Step-by-step, in a quiet monotone voice, Burkhart recanted.
Prosecutors tried to salvage their case by filing separate charges
against Burkhart, naming him as a co-conspirator in the bombing
of the Smiths’ house. Hoping to bolster their position against Hale
and Ramsey by gaining an early conviction against Burkhart,
prosecutors scheduled his trial first. But the two most important
pillars of evidence against Hale—the confessions of Burkhart and
Ramsey—had crumbled. White recalled that in the courtroom
“Hale and Ramsey gave us triumphant grins,” adding, “The King
on top again.”
When Burkhart’s trial began, in late May, White found himself
in the midst of an even greater crisis. Hale took the stand and
testified, under oath, that during his interrogation White and his
agents, including Smith, had brutally tried to coerce a confession
from him. Hale said that the men from the bureau had told him
that they had ways of making people talk. “I looked back,” Hale
continued. “What caused me to look back was hearing a pistol cock
behind me. Just as I looked back, Smith jumped across the room,
grabbed me by the shoulder and shoved a big gun in my face.”
Hale said that Smith had threatened to beat his brains out and
that White had told him, “We will have to put you in the hot
chair.” Then, he said, the agents shoved him in a special chair,