On March 11th, 1942, the world took a dramatic turn for Special Agents Treacy and Charles L. Tignor as they became entwined in a significant event. The protagonists of this tale were Lovett, aged 21, and Testerman, aged 22, members of a Machine Gun Troop assigned to the Third Cavalry at Fort Oglethorpe, Georgia. However, fate would have it that this day marked their decision to desert the U.S. Army, setting off a chain of events that would capture the attention of law enforcement.
As the clock struck midnight on March 12th, Lovett and Testerman infiltrated the quarters of Sergeant Clifton H. Hall, their superior in charge of quarters. Employing a blunt force, they rendered him unconscious with an iron bell on the mess hall porch. Seizing the opportunity, the deserters pilfered four .45 caliber U.S. Army Smith and Wesson revolvers and approximately 100 rounds of ammunition from an adjoining room.
Having successfully eluded the military confines, the fugitives reached a nearby highway. In an act of coercion, they commandeered a taxi cab at gunpoint, directing the driver to transport them from Fort Oglethorpe, Georgia, to a location near Cleveland, Tennessee. Subsequently, the taxi driver was forced out of the cab and robbed of $23. Lovett and Testermann continued their journey in the stolen cab until they reached Sweetwater, Tennessee, where they abandoned the vehicle. Their expedition pressed on to Abingdon, Virginia, facilitated by a bus ride. Notably, during a stop in Knoxville, Tennessee, they purchased a handbag to discreetly carry the firearms and ammunition.
Meanwhile, the FBI launched a rigorous investigation into the unfolding events. The Knoxville field office received notification of the soldiers' activities on the morning of March 12, 1942. Agents were swiftly dispatched from various field offices to apprehend the deserters, armed with warrants for their arrests related to violations of the National Motor Vehicle Theft Act and kidnapping statutes. The Richmond Field Office was informed of Testerman's connection to a girl in Abingdon, Virginia, accelerating the pursuit.
At 9:35 a.m. on March 13, 1942, Special Agents Hubert J. Treacy, Jr., and Charles L. Tignor, assigned to this particular phase of the investigation, were driving into Abingdon, Virginia. Agent Treacy spotted two soldiers walking along the street, bearing a striking resemblance to Lovett and Testerman. Parking their car, the agents entered a café the soldiers had recently occupied. Finding the suspects in a booth, the agents identified themselves as FBI agents, explained their mission to apprehend deserters, and inquired about the soldiers' identities.
In an abrupt and harrowing turn of events, Lovett brandished a .45 caliber revolver from his belt, catching Special Agent Tignor off guard. A gunshot rang out, and Tignor was knocked to the floor, sustaining a wound to his right arm. In a swift motion, Lovett redirected his aim towards Special Agent Treacy, who was in the process of drawing his own revolver. The devastating shot to Agent Treacy's face sent him sprawling to the ground. Unrelenting, Lovett fired several more rounds at Agent Tignor, who, despite his injuries, attempted to draw his revolver with his left hand. Before leaving the café, Lovett unleashed another shot at the incapacitated Agent Treacy. Meanwhile, Testerman, having risen from his seat in the booth, fired a parting shot at Agent Treacy as he exited. Agent Tignor, trying to pursue the assailants, collapsed on the street due to his injuries.
Both agents were swiftly rushed to an Abingdon hospital. Special Agent Hubert J. Treacy, Jr., tragically succumbed to his injuries upon arrival, the fatal bullet having entered his back. Agent Charles L. Tignor, though seriously wounded, endured weeks of hospitalization, bearing gunshot wounds in the chest, right arm, and left hand.
Following their escape from the café, Lovett and Testerman's bid to commandeer an automobile proved futile. However, they managed to seize a second car belonging to a local resident. As they approached an intersection in Abingdon, local police intercepted, initiating a fierce gun battle. Evading this confrontation, the fugitives sought refuge in the basement of a house on the outskirts of town. In their flight from justice, they callously fired upon four women in a car in Abingdon.
The house where the fugitives barricaded themselves became the epicenter of a standoff, surrounded by a posse of law enforcement officers, including FBI agents, local police, and officers from neighboring communities attending an FBI Civilian Defense School at Bristol, Virginia. A prolonged gun battle ensued, marked by threats and curses from the fugitives. Eventually, tear gas was deployed, compelling Lovett and Testerman to surrender, tossing their weapons aside and emerging with hands raised.
A federal grand jury in Harrisonburg, Virginia, handed down an indictment on March 19, 1942, charging Testerman and Lovett with the murder of Special Agent Treacy under Sections 253 and 452, Title 18, U.S. Code, Annotated. The trial commenced on April 15, 1942, in the U.S. District Court at Abingdon, Virginia. Two days later, the deserters were convicted of first-degree murder, with the jury recommending against capital punishment. Consequently, a U.S. District Judge in Abingdon, Virginia, sentenced both individuals to life imprisonment.
Further legal action unfolded as a federal grand jury in Chattanooga, Tennessee, on April 28, 1942, issued indictments against Lovett and Testerman for violating kidnapping statutes and the National Motor Vehicle Theft Act. Additionally, on May 18, 1942, in Rome, Georgia, another federal grand jury indicted the felons for three additional violations. While the latter indictments were temporarily stricken, copies of the former were filed as detainers to forestall potential release. Despite the life sentences, a decision was made to pursue the federal indictments from Rome, Georgia, after 15 years, when Lovett and Testerman could become eligible for parole.
The immediate trial was hindered due to the overseas service commitments of several crucial witnesses. Consequently, on November 19, 1946, a federal judge in Rome accepted guilty pleas from the defendants concerning three indictments: 1) Assault on a Government Reservation; 2) Robbery of Personal Property, U.S. Government; and 3) Interstate Transportation of Stolen Government Firearms. The judge handed down a 10-year sentence for the first indictment and two years each for the other two, with the latter sentences to be served concurrently. Notably, the judge specified that the 12-year sentence would take effect upon the expiration or legal release from the life sentence imposed on them in 1942.
Charles J. Lovett, with a troubled history of recurrent escapades and petty theft during his early years in Philadelphia, enlisted in the Army on June 19, 1939. Assigned to a Machine Gun Troop at Fort Myer, Virginia, his military record was marred by two court martials—one for being absent without leave and another for reporting for drill while intoxicated. On both occasions, he faced fines and hard labor.
James E. Testerman, who enlisted in the Army on October 17, 1949, in Richmond, Virginia, shared a similar path with Lovett. Assigned to the same Machine Gun Troop at Fort Myer, Virginia, Testerman also found himself in trouble with superiors. His history included an absence without leave in May 1941, leading to his return to Fort Myer, October 1941, where he was convicted by court martial, fined, and sentenced to several months of hard labor.
Hubert J. Treacy, Jr., commenced his FBI service on April 1, 1941. Born on January 13, 1913, in New York City, he attended St. Mary’s Star-of-the-Sea School and St. Francis Xavier High School. Graduating from Georgetown University with an A.B. Degree in 1935, he pursued further studies at St. John’s University Law School, earning his LL.B. Degree in 1939. Prior to joining the Bureau, he worked for the Bethlehem Steel Company.
Special Agent Treacy, a member of various organizations including the Knights of Columbus, Friendly Sons of Saint Patrick of New York, American-Irish Historical Society, and Quartermaster Association, met a tragic end. Survived by his widow, mother, and two sisters, Treacy left behind a legacy marked by dedication and service to his community.
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