 Smith was sent to prison for carrying a revolver and served a year sentence.While in jail, many of the Marginals were arrested and imprisoned in The Tombs.Much of this was due to the NYPD's campaign against the city's street gangs, but also for some members connection to the involving labor racketeers Benjamin "Dopey Benny" Fein and Joseph "Joe the Greaser" Rosenzweig against a coalition of independent gangsters headed by Philip "Pinchy" Paul.