Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.
First known publication is 1926, and the book it was published in was not renewed with the US Copyright Office. If it was published earlier than the book, it's almost certainly in the public domain.
a photo of New York mobster and former leader of the Monk Eastman Gang Max "Kid Twist" Zwerbach, appearing in Herbert Asbury's 1926 book "Gangs of New York". I believe the image to be within fair use as the photograph, taken before 1908, is a historically
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