The Third Degree: Chapter 25: Aftermath and Epilogue

With this post to our Local History Room weblog, we conclude our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty-five

Aftermath and Epilogue

Voters finally achieve deputies’ ouster

The failure to convict Deputies Ernest L. Fleming and Charles O. Skinner of Martin Virant’s death provoked abortive attempts during the spring and fall of 1933 to oust Tazewell County Sheriff James J. Crosby and remove his entire force of deputies.

It was no surprise, then, that Crosby decided not to run for re-election in 1934. Crosby had two very good reasons not to run again: in addition to the simmering discontent over the Virant affair, Crosby’s health remained fragile following the nearly fatal heart attack he had suffered in November of 1932. To replace of Crosby, the Tazewell County Democrats put up Lawrence Lancaster, while the Republicans opted for Pekin Chief of Police Ralph C. Goar.

In 1934, voter antipathy toward the Republican Party over the Great Depression was still very strong, and the midterm elections that year would again prove to be a near total rout nationally as well as at the state and local levels. In light of those facts, it is a testament to the intensity of popular dissatisfaction with the Tazewell County Sheriff’s Department that Goar’s photograph would end up on the front page of the Nov. 7, 1934 Pekin Daily Times under the headline, “ONLY G.O.P WINNER.”

The election of Goar ensured that the county would get a sheriff who would “clean house” and replace the deputies who were seen by many as Crosby’s cronies. Evidently voters did not trust that would happen if they replaced the Democrat Crosby with another Democrat. Goar also had an added advantage with the voters: He was the law enforcement officer who had personally arrested Deputy Skinner and had provided the grand jury with important testimony against him.

Sheriff Goar did not waste any time in getting around to the housecleaning at the Sheriff’s Department – on Dec. 1, 1934, his first day in office, it was out with the old and in with the new.

“Deputy Sheriff Fleming, who is retiring,” reported that day’s Pekin Daily Times, “will move to his residence property at 614 S. Eleventh street and Sheriff-Elect Ralph Goar will move into the jail residence . . . . Goar will assume the duties of sheriff. Elmer Eiler will be the office deputy under Sheriff Goar and Earl H. Whitmore of Pekin and Arthur Puterbaugh of Mackinaw are to be the outside deputies, Mr. Whitmore being the chief deputy. Sheriff Crosby, Deputies Fleming and Skinner will remain in Pekin, but have made no announcement of their future plans . . . .”

Elliff departs, but no comeback for Dunkelberg

The failed prosecutions of Fleming and Skinner, and the unraveling of the case against Petje, also did little to endear voters to Tazewell County State’s Attorney Nathan T. Elliff, who perhaps wisely did not seek a second term in 1936. Instead, it was a race between Democratic candidate R. L. Russell, a former mayor of Pekin, and former State’s Attorney Louis P. Dunkelberg, who had been defeated by Elliff in 1932.

However, Dunkelberg again was defeated at the polls. He would not seek his old office again, but would remain in Pekin, where he was a part of the law firm of Dunkelberg and Rust, located on the second floor of the old Pekin Times building. Dunkelberg died on March 27, 1976, at age 79. He is buried in Lakeside Cemetery in Pekin.

As for Elliff, he also never again sought his former job of state’s attorney. In 1940, he joined the U.S. Department of Justice, returning to his law practice in Pekin in 1947 and becoming an active community leader. He died on Dec. 3, 1993, at age 88, and also is buried in Lakeside Cemetery.

Tazewell County State's Attorney Louis P. Dunkelberg lost his bid to regain his office in the 1936 elections. Photo by Konisek, Feb. 26, 1928, Peoria

Tazewell County State’s Attorney Louis P. Dunkelberg lost his bid to regain his office in the 1936 elections. Photo by Konisek, Feb. 26, 1928, Peoria

Poor health, heart troubles claim Black, Reardon, Allen, and Crosby

Most of the other main players in this drama died much earlier than Dunkelberg and Elliff. After successfully defending Deputies Fleming and Skinner in the Virant manslaughter trial, Jesse Black Jr.’s health failed. Following several months of illness, Black died on Oct. 11, 1935, at age 64. His fellow attorney in the Virant case, William J. Reardon, died of heart trouble on June 27, 1941, the day before his 63rd birthday. Black and Reardon are both buried in Lakeside Cemetery.

After losing his re-election bid in 1932, Tazewell County Coroner Dr. Arthur E. Allen, who investigated the Lewis Nelan and Martin Virant deaths, continued his medical practice in the Green Valley until 1946, when he moved to California. He served as house physician for the Santa Fe Railroad at Los Angeles until suffering a heart attack in March 1961 from which he never fully recovered. He died at age 82 on May 30, 1963, in West Los Angeles, and is buried in Fort Rosecrans National Cemetery in San Diego.

Not quite five years after the end of his single term as Tazewell County Sheriff, James J. Crosby at age 72 succumbed on May 23, 1939, to the heart problems that had plagued him for several years. The Pekin Daily Times published a front page obituary and tribute to Crosby, recalling his many years as a local teacher and school administrator, and respectfully passing over the controversies of his time as sheriff. He is buried in Lakeside Cemetery.

Fleming, Skinner, and Garber summoned to Highest Court

The Daily Times showed similar respect for Fleming, who died at age 81 on March 22, 1955. His obituary notes only that he was “a former Tazewell county sheriff for several terms and a baker here for many years.” He was entombed in Lakeside Mausoleum.

After Sheriff Goar dismissed him from the Sheriff’s Department, Skinner later moved back to East Peoria, where he died at age 54 on June 7, 1938. He is buried in Springdale Cemetery in Peoria. Deputy J. Hardy Garber also left the area after Goar dismissed him. He served in both the Army and Navy during World War II, settling in Des Moines, Iowa, after the war. He died on March 26, 1968, at the Veterans Administration Hospital in Iowa City, and was buried in Glendale Veterans Cemetery in Des Moines.

What of the Nelan defendants?

Of the three defendants in the Nelan case, Edward Hufeld later served in the Army during World War II, returning to East Peoria after the war. He never married, and he died at age 62 at Proctor Hospital in Peoria on March 20, 1965, being buried in Fondulac Cemetery, East Peoria. Frank Keayes Jr. moved to Pekin, dying at age 82, also at Proctor Hospital, on Dec. 26, 1982, also being buried in Fondulac Cemetery.

As for John Petje, following his acquittal on charges of murder, he remained in East Peoria and lived until age 62. On March 26, 1943, the Pekin Daily Times reported on page 2 that “Mr. Tetje (sic) was found yesterday afternoon at 2:30 o’clock hanged by a light cord fastened to a door sill in his house on S. Main Street.” The following day, the Daily Times reported that a coroner’s inquest jury ruled Petje’s death a suicide “while despondent over ill health.”

The reports of Petje’s death do not mention the Nelan case, saying only that Petje was “a prominent East Peoria citizen” without explaining what had made him “prominent.” He is buried in Parkview Cemetery in Peoria, the same cemetery where the family of Martin Virant laid him rest.

APPENDIX AND AUTHOR’S AFTERWORD

The decision to re-tell the scandalous history of the Lew Nelan and Martin Virant killings came about in the last summer or early autumn of 2012, when David Perkins of the Tazewell County Genealogical & Historical Society shared with the Pekin Public Library copies of some old Pekin and Peoria newspaper articles and funeral home records pertaining to the Nelan and Virant cases. At first it appeared that the stories could be succinctly reviewed in two or three weekly “From the Local History Room” columns in the Saturday Pekin Daily Times. As I researched these stories, however, it became clear that they needed a much fuller treatment which would call for an extended re-telling in a weekly serial format in the newspaper.

Prior to the publication of the “Third Degree” serial in the Pekin Daily Times in 2012-2013, the deaths of Nelan and Virant had been all but forgotten in Pekin. The late Robert Dubois, during his tenure as Tazewell County Coroner, once told me of the Nelan and Virant cases in a conversation with me around 2003. Dubois, who had read the inquest file on Virant’s death, explained at some length how the evidence and observations at the death scene made obvious that Virant was already dead before he was hanged. Though I found the facts Dubois recounted to be remarkable, I did not commit these details to memory (not even the victims’ names) and soon forgot our conversation, and only remembered that he had talked about it while I was in the process of researching their deaths for the Pekin Public Library’s weekly “From the Local History Room” column.

I doubt very many others in our day besides men such as Coroner Dubois or those with an interest in local history knew of Nelan and Virant and the controversies surrounding their deaths, which were probably all but forgotten in Pekin and Tazewell County prior to 2012. Although the saga frequently was front-page news in 1932-1933, the long and sorrowful story was reduced to a single paragraph on page 69 of the 1949 Pekin Centenary, which included a historical narrative that was mainly researched and written by retired Peoria Journal Star editor Charles Dancey:

“The discovery of the body of Martin Virant, a material witness, in the Tazewell county jail caused a storm which lasted for months. After the inquest there was a near lynching of accused deputies, who were later tried on manslaughter charges that Virant died under the ‘third degree’. Even after their acquittal, there was an effort to impeach the entire sheriff’s office on the part of the Tazewell county board of supervisors.”

That somewhat inaccurate paragraph would later appear in almost identical form in the historical narrative of the 1974 Pekin Sesquicentennial volume, on page 173:

“After a material witness named Martin Virant was found dead in his cell at the Tazewell County Jail, there was a storm of public outrage which nearly resulted in the lynching of some accused deputy sheriffs. (They were subsequently tried for manslaughter on charges that Virant died under the ‘third degree.’) There was an effort to impeach the entire Sheriff’s office by the County Board.”

As we have seen, the few lines in the Centenary and Sesquicentennial volumes omit several important details and really only begin to hint at that “storm which lasted for months.”

#arthur-puterbaugh, #charles-dancey, #charles-skinner, #coroner-arthur-e-allen, #earl-h-whitmore, #edward-hufeld, #elmer-eiler, #ernest-fleming, #frank-keayes, #hardy-garber, #jesse-black, #john-petje, #lawrence-lancaster, #lew-nelan, #louis-dunkelberg, #martin-virant, #nathan-t-elliff, #r-l-russell, #ralph-goar, #robert-dubois, #sheriff-james-j-crosby, #the-third-degree, #william-reardon

The Third Degree: Chapter 23: The Nelan murder case finally goes to trial

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty-three

The Nelan murder case finally goes to trial

In the autumn of 1933, more than a year after the gruesome death of Lewis P. Nelan of East Peoria, Tazewell County State’s Attorney Nathan T. Elliff took action to bring Nelan’s killers to trial.

Nelan had gotten into a drunken brawl with East Peoria speakeasy operator John Petje, who struck Nelan on the head with a metal pipe and knocked him unconscious. Believing that Nelan was dead, Petje and his accomplices Frank Keayes Jr. and Edward Hufeld tried to cover up what had happened by carrying Nelan to the nearby railroad tracks so he would be run over.

Nelan’s death on Aug. 28, 1932, had been overshadowed by the far more scandalous and sensational death of Nelan’s acquaintance Martin Virant, who had been brought in for questioning as a potential witness to Nelan’s death and then savagely beaten while in custody at the Tazewell County Jail.

The furor over Virant’s death and the attempt to prosecute three of the deputies believed responsible was the focus of attention throughout the fall of 1932 and the winter and spring of 1932-33. After the deputies were acquitted on March 5, 1932, groups of Tazewell County citizens made attempts to oust Sheriff James J. Crosby and his deputies, but by September it was evident that the only recourse for outraged citizens was to wait until the end of Crosby’s term in office in 1934.

With the Virant controversy subsiding, Nelan’s murder returned to center stage – and also returned to the pages of the Pekin Daily Times. On Oct. 10, 1933, the Daily Times published a summary of upcoming cases on the jury calendar, noting that, “The most important case on the calendar is that of Petji (sic), Keayes and Hufeldt (sic), charged with the murder of Lewis Nelan of East Peoria. State’s Attorney Elliff says he will make an effort to have this case come to trial, but it may go over to a later term.”

The trial once more was delayed, this time until the December jury calendar. On Dec. 2, the Daily Times reported that the Nelan case was the first on the calendar, and on Monday, Dec. 4, the newspaper ran a front page story headlined, “Trial of Lewis Nelan Murder Case Starts Tuesday Morning.”

That story reported on a very important development in the case: Elliff had decided to drop all charges against Keayes and Hufeld.

The Times reported, “When the case of John Petje, Frank Keayes and Edward Hufelt (sic) . . . was called in the circuit court this morning, P. A. D’Arcy, counsel for Keayes and Hufelt, withdrew from the case. He had been appointed by the court to defend Keayes and Hufelt. Following the withdrawal of Attorney D’Arcy, Attorney J. P. St. Cerny, counsel for Petje, moved the court to grant a continuance.”

Rather than accept yet another continuance in this case that had already been delayed a year and three months, Elliff moved to have the case against Keayes and Hufeld dismissed. Judge Joseph E. Daily granted the motion and then set the trial for the following day.

Though he had avoided further delay in the case, Elliff’s decision was likely to make the task of prosecuting Petje much more difficult. As the Times explained, the state was “in possession of alleged confessions by Keayes and Hufelt (sic), but these cannot be introduced as evidence against Petje, it is claimed, because he was not present when they were made.”

Jury selection got under way at 10 a.m. on Tuesday, Dec. 5, but the process was unusually slow-going. Only four jurors were approved that day: Harold Ruth, Tremont, laborer; P. A. Barnes, Hopedale, garage proprietor; Carl Ary, Green Valley, truck driver; Irvan Kunkel, Pekin, mechanic.

The next day seven jurors were accepted: H.R. Clayton, Cincinnati Township, laborer; R. D. VanNattan, Pekin, laborer; Clark Braden, Morton, machinist; Orin Aupperle, Morton, farmer; Albert Herman, Tremont, merchant; and David Hasty, Mackinaw, painter.

The 12th and final juror was finally approved around 10 a.m. on Thursday, Dec. 7 – Edward Erxleben, Pekin, unemployed. Elliff and St. Cerny then made their opening statements, and the state began to call its witnesses at 11:30 a.m.

The first witness was Hubert G. Brown, special agent for the C. & I. M. railroad, who had assisted with the investigation of Nelan’s deaths. It was Brown who had found Nelan’s hat near a rear door of Petje’s speakeasy very soon after Nelan’s body was run over on the P. & P. U. railroad tracks in East Peoria.

However, Brown’s memory was much the worse after the 15-month delay since Nelan’s death, and when Petje’s attorney, James P. St. Cerny, showed him the hat, Brown said he couldn’t be sure it was the one he’d found. Similarly, Mary Peckenpaugh, who had identified the hat as Nelan’s during the initial investigation, told the court she wasn’t positive the hat shown in court was Nelan’s.

Tazewell County Coroner Arthur E. Allen, shown in this 1928 photograph, was a key figure in the investigations and criminal prosecutions pertaining to the 1932 deaths of Lewis P. Nelan and Martin Virant. Photo by Konisek, Feb. 26, 1928, Peoria

Tazewell County Coroner Arthur E. Allen, shown in this 1928 photograph, was a key figure in the investigations and criminal prosecutions pertaining to the 1932 deaths of Lewis P. Nelan and Martin Virant. Photo by Konisek, Feb. 26, 1928, Peoria

The state next called Dr. L. F. Teter, who had conducted the autopsy on Nelan’s body, and former Tazewell County Coroner Dr. A. E. Allen, who had headed the death investigation. Teter and Allen testified that the injuries to Nelan’s head were not caused by the train that ran over him, but had been caused by a blunt instrument. The blow to his head was not enough to cause death, they also testified.

Several other witnesses were called to the stand that day, including Tazewell County Sheriff’s Deputy Charles O. Skinner, one of the deputies who had been acquitted of manslaughter charges in connection with the “third degree” torture death of Martin Virant. Skinner told the jurors of his part in the investigation of Nelan’s death that had led to the arrests and indictment of Petje, Keayes and Hufeld.

Court was dismissed at 4:15 p.m., and the trial recessed until Friday morning.

Next week: A sudden ending to Petje’s trial.

#charles-skinner, #coroner-arthur-e-allen, #edward-hufeld, #frank-keayes, #hubert-brown, #j-p-st-cerny, #john-petje, #judge-joseph-e-daily, #l-f-teter, #lew-nelan, #martin-virant, #mary-peckenpaugh, #nathan-t-elliff, #p-a-darcy, #the-third-degree

The Third Degree: Chapter 22: County board to Sheriff Crosby: ‘Clean house’

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty-two

County board to Sheriff Crosby: ‘Clean house’

Terribly disappointed by the acquittal of Tazewell County Sheriff’s Deputies Ernest Fleming and Charles Skinner, a large group of citizens presented a heavy stack of signatures to the Tazewell County Board on Monday, March 20, 1933, calling for the impeachment of Sheriff James J. Crosby and the removal of his entire force.

The Pekin Daily Times reported that about 2,310 people had signed the petition, and reported the following approximate breakdown of signatures by township:

Mackinaw, 160
South Pekin, 200
Washington, 175
Fondulac, 300
Deer Creek, 20
Tremont, 40
Delavan, 100
Groveland, 80
Morton, 25
Green Valley, 70
Hittle, 140
Dillon, 250
Little Mackinaw, 80
Hopedale, 60
Spring Lake, 170
Pekin, 190
Miscellaneous, 110.

The county board referred the matter to Tazewell County State’s Attorney Nathan T. Elliff for his legal opinion. Elliff quickly prepared a report which he presented to the board that very afternoon.

“It is my opinion that there is no power of impeachment in the board of supervisors. It is my further opinion that the board of supervisors has no power to remove from office members of the sheriff’s force. The only action which the board can take upon the petition is, in my opinion, to make such recommendations as the members may deem fit and proper under the circumstances.”

Elliff also offered to contact the Illinois Attorney General for his opinion. The county board requested that he do so, and the Attorney General confirmed his opinion.

Having considered Elliff’s advice and the opinion of the Attorney General, the board reconvened in special session the following day and issued a unanimous and urgent statement.

“Whereas,” the county board declared, “it is the opinion of the said board of supervisors that the said Ernest L. Fleming, C. O. Skinner and Frank Lee are, because of the public opinion existing in said Tazewell county, not qualified to continue in their capacities as deputy sheriffs of said Tazewell county, inasmuch as they lack the confidence and support of the people in general in said county.

“Therefore, we the members of the Board of Supervisors of Tazewell County, Illinois, do hereby recommend to the honorable James J. Crosby, sheriff of Tazewell County, Illinois, that the said deputy sheriffs . . . be dismissed from their offices as deputy sheriffs of said Tazewell County.”

This 1928 photograph shows Tazewell County Sheriff Ernest L. Fleming, who later served as chief deputy for Sheriff James J. Crosby. Fleming was one of the deputies implicated in the “third degree” death of Tazewell County Jail inmate Martin Virant in 1932, but was acquitted in 1933. Photo by Konisek, Feb. 26, 1928, Peoria Journal-Transcript

Sheriff Crosby did not immediately respond to the county board’s public recommendation, but rumors began to fly that some or all of the deputies implicated in Virant’s death had tendered their resignations.

However, on Thursday, March 23, the Pekin Daily Times published a short front page notice with the headline, “No Statement to Make at This Time, Says Sheriff.”

“Sheriff Crosby said this morning that he had no statement to make at this time, relative to the recommendation of the board of supervisors that he dismiss Deputies Fleming, Skinner and Lee, and would probably have none until he had conferred with his attorney, Jesse Black. There has been no change in his office force and no resignations as had erroneously been rumored.”

In fact, Sheriff Crosby would have nothing further to say publicly about the county board’s recommendation. He decided simply to ignore the board’s statement, choosing to weather the storm of controversy until it had blown over. He could not be impeached and was not subject to voter recall, and he was endowed by law with wide discretion in the use of his deputizing power, so the petition drive to remove him and his deputies was to no avail.

And there the matter would rest for the remainder of the spring and the whole of the summer of 1933. For a while it appeared that the storm had blown over.

In September, however, the controversy made its way back onto the pages of the Pekin Daily Times (although not the front page this time). At that time, a small group of citizens filed a complaint of criminal malfeasance against the sheriff.

In the edition of Sept. 13, 1933, the Daily Times announced, “Sheriff Case Is Revived; To Refer It to Grand Jury,” saying, “Among the several matters which will be presented or referred to the grand jury is a complaint against Sheriff James J. Crosby, charging that official with omission of duty and malfeasance of office. The complaint, signed by four persons, was filed by Neal D. Reardon in the office of the circuit clerk and by that official turned over to State’s Attorney Elliff.”

The Daily Times noted that there was doubt whether the complaint had been filed under the proper section of the law. That morning, Elliff affirmed that the case would be “referred” to the grand jury for their consideration, but it might not be “presented” to the grand jury, meaning there wouldn’t necessarily be a presentation of evidence and summoning of witnesses.

Just like the petition drive, however, this attempt to remove the sheriff also failed. On Sept. 20, the Daily Times reported that the grand jury had decided not to take up the criminal complaint against Crosby.

So ended the attempts to oust the sheriff and remove his tarnished deputies. Thwarted in the courts and at the level of county government, the outraged citizens’ only remaining recourse was to wait until Election Day in 1934.

But in the mean time, the case of the murder of Lew Nelan was still pending in Tazewell County criminal court.

Completely overshadowed and shoved off the stage during the attempts to prosecute the deputies and remove the sheriff, in the autumn of 1933 the case that had initially sparked these fires of public uproar finally returned to the public’s view.

Next week: The Nelan case goes to trial.

#charles-skinner, #ernest-fleming, #frank-lee, #jesse-black, #lew-nelan, #martin-virant, #nathan-t-elliff, #neal-d-reardon, #sheriff-james-j-crosby, #the-third-degree

The Third Degree: Chapter 21: An armful of petitions for impeachment

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty-one

An armful of petitions for impeachment

The manslaughter trial of Tazewell County Sheriff’s Deputies Ernest Fleming and Charles Skinner ended on March 4, 1933, with their acquittal on all charges that they had caused the death of jail inmate Martin Virant. But the controversy surrounding Virant’s shocking death was far from over.

There was, naturally, a lull in news coverage after the jury’s verdict, as the Virant story was immediately pushed off the front page by the death of Chicago Mayor Anton Cermak and the inauguration of President Franklin Delano Roosevelt. Struck by an assassin’s bullet thought to have been aimed at FDR on Feb. 15, Mayor Cermak finally succumbed on March 6.

But before the month was over, the Virant story was back on the front page.

Despite the jury’s verdict, probably the majority of Tazewell County’s residents understandably remained convinced that Virant had died as a result of being tortured by sheriff’s deputies. Their desire for justice remained unsatisfied.

In prior decades, the death of a man as a result of harsh or violent interrogation methods may not have elicited much disapprobation, but by the 1930s attitudes about police brutality were changing.

Pekin Daily Times publisher and editor F.F. McNaughton probably spoke for many in his editorial on the front page of the Sept. 6, 1932 edition, entitled, “THE THIRD DEGREE.” McNaughton took what perhaps most people would have seen as a moderate position on police torture, opining, “Too little third degree is weakness; but too much is outrageous.”

He began by noting that, “Use of the ‘third degree is not confined to Pekin. In the days when my job was to cover police headquarters in New York city I used to cringe as I heard the screams of men being tortured as police sought to wring confessions from them. And I may as well confess to you right now that often I didn’t care how much they were tortured.”

McNaughton defended the use of torture by police as a necessary means of dealing with known, hardened criminals. “Criminals have no qualms in the methods they use,” he wrote. “So you can’t get anywhere by using the methods of a primary teacher on them.

“But,” he continued, “dealing with a known desperate criminal is one thing. Dealing with just you or me is another. . . .

“To slap a man may be all right; or to frighten him; or to keep him awake for hours and days till he becomes too tired to tell anything but the truth is good third degree work, particularly if mixed with clever trapping questioning.

“But if there has been ‘stepping on my neck, kicking me from one side to the other, breaking my ribs,’ and the like as the now mute lips of this dead man testified under oath, the thing has been overdone and the people of Tazewell county who hire and pay the officials demand that a stop be put to it.

“Because a man is foreign born is no reason to treat him as ‘just a damn foreigner.’ . . . They are all human beings and life is dear to them.”

But many people regarded any use of “the third degree” as a grievous violation of an individual’s God-given human rights. To cite one example, in the same week that the Tazewell County grand jury considered the case of Martin Virant’s death, the 109th annual Illinois conference of the Methodist Episcopal Church was under way in Springfield.

During the conference, a resolutions committee report was adopted condemning the employment of “third degree” methods to force confessions from accused prisoners. In his denunciation of police torture, the Rev. J. Williams of Bartonville specifically cited and discussed Virant’s death.

Soon after, at the annual convention of the Tazewell County Woman’s Christian Temperance Union, held at Deer Creek on Sept. 28, 1932, a resolution was passed saying the name of Tazewell County had been put to shame, and condemning “any cruel, brutal, or inhuman treatment in methods being used by its county officers, or its law enforcing body, in third degree methods, to obtain confession or information from suspected offenders, or criminals.” The women sent a copy of their resolution to Sheriff Crosby.

Evidently the sentiment aroused among central Illinois residents by Virant’s death was very strong. Consequently, when Fleming and Skinner were acquitted, some of the outraged citizens in Tazewell County began to look for alternative civil means to obtain the justice that had been denied.

So it was that on March 20, 1933 – just 15 days after the end of the trial of Fleming and Skinner – a group of Tazewell County citizens delivered petitions and a heavy stack of signatures to the Tazewell County Board, calling for the impeachment and removal of Sheriff James J. Crosby and of his entire force.

“To the honorable board of supervisors of Tazewell County,” the petition said, “We the voters of Tazewell county being desirous of clean, just government and safety for inmates of our county jail, do hereby declare the present sheriff’s force, namely Crosby, Fleming, Skinner, Garber and Lee a menace to good government and unfit to serve our county.

“We therefore petition the supervisors of our county to meet in special session and impeach said force and appoint a successor until such time as the office is filled by election.”

Next week: The county board responds.

After the March 5, 1933 acquittal of the sheriff's deputies accused in the jail beating death of Martin Virant, the Virant case disappeared from the news for a while. But on March 20, 1933, the case was back on the Pekin Daily Times front page, with the news that a group of Tazewell County citizens had delivered petitions and a heavy stack of signatures to the Tazewell County Board, calling for the impeachment and removal of Sheriff James J. Crosby and his entire force.

After the March 5, 1933 acquittal of the sheriff’s deputies accused in the jail beating death of Martin Virant, the Virant case disappeared from the news for a while. But on March 20, 1933, the case was back on the Pekin Daily Times front page, with the news that a group of Tazewell County citizens had delivered petitions and a heavy stack of signatures to the Tazewell County Board, calling for the impeachment and removal of Sheriff James J. Crosby and his entire force.

#anton-cermak, #charles-skinner, #ernest-fleming, #f-f-mcnaughton, #frank-lee, #franklin-delano-roosevelt, #hardy-garber, #martin-virant, #rev-j-williams, #sheriff-james-j-crosby, #tazewell-county-womans-christian-temperance-union, #the-third-degree

The Third Degree: Chapter 20: ‘We, the jury, find the defendants . . .’

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty

‘We, the jury, find the defendants . . .’

On Thursday, March 2, 1932, the defense rested its case in the manslaughter trial of Tazewell County Sheriff’s Deputies Charles Skinner and Ernest Fleming, who were accused of the death of jail inmate Martin Virant.

As the defense lawyers concluded the efforts to exonerate Fleming and Skinner, they delivered a compelling attack on the credibility of the state’s star witness Elizabeth Spearman, whose testimony implicated Skinner and Fleming in the severe injuries Virant had suffered.

In the end, the defense attorneys moved to have the whole of Spearman’s testimony quashed and stricken from the record.

Though Spearman, as an accused criminal and jail inmate, probably had just as great a problem with her credibility and accuracy as most of the defense’s jail inmate witnesses, nevertheless, Menard County Judge Guy Williams granted the defense’s motion.

In closing arguments lasting the entire morning of March 3 – arguments the Pekin Daily Times described as a “powerful oration” – defense attorney Jesse Black, reveling once more in the courtroom drama at which he excelled, denounced and ridiculed the state’s case.

“At times the attorney could be heard a block away as he shouted his denunciation of an attempt to deprive men of their liberty and ‘put them behind grey walls’ without any proof whatsoever,” the Daily Times reported.

In contrast, Tazewell County State’s Attorney Nathan T. Elliff delivered his closing arguments in a calm and quiet demeanor. “As to doubts about this case, I have just two doubts in my mind. One of these is whether this is a murder or a manslaughter. The other doubt in my mind is whether or not we’ve got all the defendants that are guilty,” Elliff said.

After closing arguments, Judge Williams gave instructions to the jury, reminding them to disregard Spearman’s testimony. The case went to the jury at 3:30 p.m. on March 3.

The jurors came back with a verdict at 2:20 p.m. Saturday, March 4, 1933.

JAIL DEATH JURY SAYS ‘NOT GUILTY,’” ran the Pekin Daily Times headline that day.

Both deputies were found not guilty of all charges. It was a stunning victory for Black and his fellow attorney William J. Reardon (though Reardon was called away from the trial at the very end due to the death of his brother in St. Louis on the night of March 2). Their decades of courtroom experience obviously had served them well.

And it was an embarrassing defeat for Elliff, whose youth and inexperience were frequently evident during the course of the trial.

“In Attorneys Reardon and Black, the defense has a pair of crafty barristers of long experience in court cunning. They know when to object and when to be silent,” wrote Pekin Daily Times reporter Mildred Beardsley in the Monday, Feb. 27, 1933 edition of the newspaper.

“They know when to shout in feigned anger and when to ‘Pooh! Pooh!’ in apparent disdain,” Beardsley continued. “These things, I suppose, are learned thru years of experience. More than once Judge Williams has told the youthful prosecutors that he would have sustained them if they had objected.”

In the final analysis, however, perhaps neither the inexperience of the prosecutors, nor the talent of the defense attorneys, nor the valiant attempts of the defense to explain away the convincing forensic evidence that Virant had been beaten and had not died of hanging, were that important in the exoneration of Fleming and Skinner.

The greatest challenge the prosecutors faced wasn’t proving that Virant had been beaten while in custody at the jail, nor that he had already died prior to being hanged – it was proving that Fleming and Skinner were connected to the crime.

Without Virant’s own testimony at the inquest of Lew Nelan, and without Spearman’s testimony, the jury had no evidence that Fleming and Skinner, or any other deputy, had done violence to Virant or faked his suicide. Proving that Virant was the victim of a crime was one thing. Proving that the crime had been committed by Fleming and Skinner was something else altogether.

And so the trial was over. Fleming and Skinner were free men.

Nevertheless, the tragedy of Virant’s death was nowhere near its final act.

Next week: Petitions for impeachment.

The front page of the March 4, 1933 Pekin Daily Times carried the banner headline, "JAIL DEATH JURY SAYS ‘NOT GUILTY'." Thus concluded the trial of the county deputies accused of the "third degree" torture death of Martin Virant. But the tragedy of Virant’s death was nowhere near its final act.

The front page of the March 4, 1933 Pekin Daily Times carried the banner headline, “JAIL DEATH JURY SAYS ‘NOT GUILTY’.” Thus concluded the trial of the county deputies accused of the “third degree” torture death of Martin Virant. But the tragedy of Virant’s death was nowhere near its final act.

#charles-skinner, #elizabeth-spearman, #ernest-fleming, #jesse-black, #judge-guy-williams, #lew-nelan, #martin-virant, #mildred-beardsley, #nathan-t-elliff, #the-third-degree, #william-reardon

The Third Degree: Chapter 19: The deputies’ defense team rests its case

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Nineteen

The deputies’ defense team rests its case

During the two weeks of the manslaughter trial of Tazewell County Sheriff’s deputies Ernest Fleming and Charles Skinner in late February and early March 1933, the prosecution and the defense presented the jury with their explanations of how Tazewell County jail inmate Martin Virant had ended up dead and hanging in his cell on Sept. 1, 1932.

The state contended that because Virant denied any involvement in the murder of Lewis Nelan, the deputies administered a so-called “third degree” interrogation of Virant, beating and torturing him to extract useful information or a confession. The prosecutors said Virant succumbed to his injuries, and the deputies, finding Virant dead, arranged the death scene to make it appear that he had committed suicide by hanging.

But the defense insinuated that Virant had in fact participated in Nelan’s murder, and, overcome by guilt, he hanged himself in his cell.

One of the witnesses for the defense, jail inmate Joe Hensley, even claimed to have heard Virant say, “Poor John, he did I did too.” Those words, according to the defense, amounted to a confession that he had helped John Petje murder Nelan.

To establish their alternate scenario, the defense had to explain the compelling evidence that Virant had been horrifically beaten and that he had already died prior to being hanged. To overcome that evidence, the defense called three medical experts, who cast doubt upon the death investigation and the findings of the state’s experts.

The defense’s experts offered no explanation for the testimony of former Tazewell County Coroner Dr. Arthur E. Allen, who said Virant’s body showed none of the usual signs of a hanging death. To deal with Dr. Allen’s testimony, the defense attorneys endeavored to impeach his credibility by insinuating that Allen was involved in a personal political vendetta against Fleming and Skinner.

Allen, a Republican, had recently lost his re-election bid to the Democrat’s candidate Dr. Nelson A. Wright Jr., and Fleming and Skinner had quietly encouraged people to vote for Wright. Fleming and Skinner, both Democrats, also had campaigned against Allen four years earlier. During cross-examination of Allen, defense attorney Jesse Black Jr. suggested that Allen harbored resentment against Fleming and Skinner.

In effect, Black insinuated that Allen had framed Fleming and Skinner, with the implication that Allen had lied about Virant’s body not showing the usual signs of a hanging death, and also had lied about easing Virant’s body to the floor when he had really, so Black and several defense witnesses claimed, allowed the body to crash to the floor.

Also called to testify at the trial was former Tazewell County State’s Attorney Louis P. Dunkelberg, who according to the defense’s scenario would have been Allen’s co-conspirator in the framing of Fleming and Skinner. The four deputies who testified for the defense claimed Dunkelberg had seen Virant briefly during part of the time he was interrogated by the deputies.

However, when the state called Dunkelberg to the stand and asked him to describe Virant’s appearance, the defense objected and Judge Williams upheld their objection, so Dunkelberg was not allowed to say if Virant had any injuries on him when he saw him.

Notably, one person central to the drama of Virant’s death was never called as a witness in this trial: Tazewell County Sheriff James J. Crosby. Neither the prosecution nor the defense summoned him to testify, because Crosby was still convalescing from the severe heart attack he’d suffered on Nov. 5, 1932.

As indicated in this excerpt from a March 2, 1933 Pekin Daily Times report, the credibility of the prosecution's key witness Elizabeth Spearman of Peoria was thrown into doubt by the defense in the manslaughter trial of Tazewell County Sheriff's deputies Ernest Fleming and Charles Skinner, who were accused of causing the death of Tazewell County Jail inmate Martin Virant.

As indicated in this excerpt from a March 2, 1933 Pekin Daily Times report, the credibility of the prosecution’s key witness Elizabeth Spearman of Peoria was thrown into doubt by the defense in the manslaughter trial of Tazewell County Sheriff’s deputies Ernest Fleming and Charles Skinner, who were accused of causing the death of Tazewell County Jail inmate Martin Virant.

To put the finishing touches on its case, the defense called a series of character witnesses, who testified that Deputies Fleming and Skinner were men of character and virtue who would be very unlikely to commit acts of violence.

The defense also called another series of character witnesses to undermine the credibility of jail inmate Elizabeth Spearman, whose testimony for the prosecution had strongly implied that Fleming and Skinner had beaten Virant. The testimony of these character witnesses was very helpful to the defense – and the defense lawyers also made a great deal of Spearman’s error that Fleming and Skinner, rather than Skinner and Hardy Garber, had taken Virant to the Nelan inquest.

The defense’s attack on Spearman was so effective that in the end, when the defense rested on Thursday, March 2, 1933, the defense attorneys made a motion to have the whole of Spearman’s testimony quashed and stricken from the record.

Next week: ‘We, the jury, find the defendants . . .’

#charles-skinner, #coroner-arthur-e-allen, #elizabeth-spearman, #ernest-fleming, #jesse-black, #joe-hensley, #john-petje, #judge-guy-williams, #lew-nelan, #louis-dunkelberg, #martin-virant, #nelson-a-wright, #sheriff-james-j-crosby, #the-third-degree

The Third Degree: Chapter 18: The defense pleads its case

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Eighteen

The defense pleads its case

At the end of a long succession of witnesses and physical evidence, the prosecution rested its case on Feb. 26, 1933, in the trial of Tazewell County Sheriff’s deputies Ernest Fleming and Charles Skinner, who were accused of causing the death of Tazewell County Jail inmate Martin Virant by severely beating him during a so-called “third degree” interrogation.

The following day, the defense attorneys Jesse Black Jr. and William J. Reardon began to call their own lengthy list of witnesses and experts, who would help the defense build its case that the deputies never did any violence to Virant, nor did they hang his dead body – rather, the defense contended, Virant had committed suicide. Heading the witness list was J. Hardy Garber, a deputy who helped Skinner bring Virant to and from the Lew Nelan murder inquest.

Garber and the three other deputies involved in this case – Fleming and Skinner, who both took the stand in their own defense, and Frank Lee, originally indicted by the Tazewell County grand jury but whose charges were dropped just before the trial began in Menard County – offered very important testimony.

Presenting a united front, they resolutely denied that anyone had done more than raise his voice at Virant while he was in the custody of the Tazewell County Sheriff’s Department. The four deputies agreed that there had been absolutely no beating or kicking or any kind of rough handling.

The four deputies did state, however, that they noticed Virant had some cuts and bruises about his head and neck when he was first brought to the jail. They denied knowing how Virant had gotten those injuries.

The deputies also agreed that Virant became very frightened and upset, and refused to let them take his fingerprints, after Lee brought in a package containing two metal pipes and unrolled it in Virant’s presence.

Skinner and Fleming also supplied a very important element of the defense’s alternate scenario of Virant’s injuries and death. Flatly contradicting former Coroner A. E. Allen’s testimony that he had eased Virant’s body to the cell floor when he cut his body down, Skinner and Fleming claimed Allen had irresponsibly and unprofessionally let Virant’s body crash to the floor. Virant’s body had even slammed against the toilet as it fell, the accused deputies insisted.

Relying on their medical experts, the defense argued that most of Virant’s bruises and injuries, including his broken rib, were caused when Allen cut his body down and let it crash to the floor. Also backing up this claim were three jail inmates, Charles Cameron, 62, formerly of Delavan, Joe Hensley, and Thomas Davis.

Cameron, a jail trustee, told the jurors, “I saw Allen cut the strap and saw Virant fall on the toilet bowl. He came down awful hard . . . He was dropped. Mr. Allen didn’t touch him. . . . It jarred the whole floor of the cell.” Cameron even claimed that Allen jumped out of the way so Virant’s body would hit the toilet as it fell.

Hensley, another jail trustee, corroborated some of Cameron’s testimony, claiming, “I heard the sound when he was cut down. It came down hard. . . . I heard a loud thump on the iron floor – loud enough to be heard outside of the jail.”

In cross-examination, however, Elliff showed that Cameron’s testimony differed significantly from what he had previously told the Tazewell County grand jury and disagreed with a statement he had made to former Tazewell County State’s Attorney Louis P. Dunkelberg on Sept. 9, 1932.

Cameron responded to Elliff’s questions by disavowing most of his prior statement, and in particular he denied speaking to fellow inmate Elizabeth Spearman. Cameron’s original statements had corroborated key elements of Spearman’s testimony, which supported the state’s case that Fleming and Skinner had beaten Virant.

Some of Hensley’s testimony was especially helpful to the defense’s contention that Virant had committed suicide. Hensley claimed that during Virant’s first night in the jail, Tuesday, Aug. 30, 1932, “I heard the bunk chains rattling and then like someone came off the bunk onto the floor. That was after 2 o’clock. Then I heard moaning and groaning. . . . I heard him saying, ‘Poor John, he did I did too.’”

The words Hensley claimed to have heard Virant say, according to the defense, amounted to a confession that he had helped John Petje murder Lew Nelan. A sense of guilt over his role in Nelan’s death was the reason he committed suicide, the defense attorneys claimed.

Davis also testified that he heard noises from Virant’s cell three times that night as of someone jumping off the bunk, including at 2 a.m. and 3 a.m. In addition, Davis claimed to have heard the same kind of noise sometime after 1 p.m. on Thursday, Sept. 1, and to have heard Virant making a noise.

The defense argued that the noises Hensley and Davis said they heard Tuesday night were not the groans of a man who had been severely beaten, but were the sounds of Virant attempting to hang himself using some strings and threads that investigators found in his cell after his death.

The defense attorneys suggested that some of Virant’s injuries may have been caused during this purported first suicide attempt, but they did not try to explain why Virant would have opted first for strings that were unlikely to support his own weight and only two days later decide to use his own belt.

The defense also claimed that Davis had heard the sounds of Virant killing himself on Thursday, Sept. 1.

Or were they the sounds of deputies faking Virant’s suicide?

Next week: The defense rests.

In the sensational case of the &quotthird degree" death of Tazewell County Jail inmate Martin Virant, prosecutors contended that Virant succumbed to severe injuries he'd suffered at the hands of Sheriff's deputies, who then staged a hanging even though he obviously had died before his body was hanged. But defense attorneys, relying on testimony such as that found in this detail from a March 1, 1933 Pekin Daily Times report, countered by insinuating that Virant helped John Petje murder Lew Nelan and then, wracked by guilt, hanged himself in his jail cell. The defense argued that Virant's severe injuries were inflicted by Tazewell County Coroner Arthur E. Allen, whom the defense claimed was incompetent and careless.

In the sensational case of the “third degree” death of Tazewell County Jail inmate Martin Virant, prosecutors contended that Virant succumbed to severe injuries he’d suffered at the hands of Sheriff’s deputies, who then staged a hanging even though he obviously had died before his body was hanged. But defense attorneys, relying on testimony such as that found in this detail from a March 1, 1933 Pekin Daily Times report, countered by insinuating that Virant helped John Petje murder Lew Nelan and then, wracked by guilt, hanged himself in his jail cell. The defense argued that Virant’s severe injuries were inflicted by Tazewell County Coroner Arthur E. Allen, whom the defense claimed was incompetent and careless.

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#charles-cameron, #charles-skinner, #coroner-arthur-e-allen, #elizabeth-spearman, #ernest-fleming, #frank-lee, #hardy-garber, #jesse-black, #joe-hensley, #lew-nelan, #louis-dunkelberg, #martin-virant, #nathan-t-elliff, #the-third-degree, #thomas-davis, #william-reardon