The Third Degree: Chapter 17: Clash of the medical experts

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 Seventeen

Clash of the medical experts

Key to the prosecution of Tazewell County Sheriff’s Deputies Ernest Fleming and Charles Skinner for the beating death of jail inmate Martin Virant was the testimony of several medical experts, chief of whom were former Tazewell County Coroner Dr. Arthur E. Allen and Chicago criminologist Dr. William D. McNally.

During the trial of Fleming and Skinner in late February 1933, Allen and McNally gave hours of testimony in order to establish for the jury that after Virant died, his body exhibited extensive internal and external injuries – more than 30 different injuries, including a broken rib, Allen testified – that obviously were not the result of a hanging, and that Virant in fact had died of those injuries before he was hanged.

Other prosecution witnesses had testified that Virant had no visible injuries when he first was brought to the Tazewell County Jail, but the following day, at the inquest of murder victim Lew Nelan, Virant was seen to have several bruises and wounds about his head and neck. Allen corroborated their testimony, describing the injuries that he saw at the Nelan inquest, and telling the jury that Virant was “nervous and excited” and “in pain and distress,” and that he spoke in a voice that “was quite loud.”

On Thursday afternoon, Sept. 1, 1932, around 2:15 p.m., Allen entered Virant’s cell and saw his body hanging in the northeast corner of the cell. Virant’s feet were flat on the floor. Fleming was there, but neither he nor any other member of the jail staff had attempted to cut Virant down. Allen then did so.

“I took my pocket knife in my right hand and slipped my hand around his waist to ease the body to the floor,” Allen said. Virant was a short man and of slight build, and his body did not strike any object as Allen eased it to the floor. Virant had no pulse, but Allen began artificial respiration. “I knew I could get no response but I thought there might be some life left.”

“The body was warm and I heard Deputy Sheriff Fleming say, ‘He couldn’t have been hanging very long.’”

Most troubling, Virant’s body showed none of the usual signs of a hanging death. “Dr. Allen told that he had occasion to observe the body of the deceased closely while performing artificial respiration and that the face had the natural death pallor. The face showed evidence of there being no circulation. He said that the tongue was not swollen neither was there a collection of fluid in the man’s mouth,” the Daily Times reported. “The eyes were not protruding but were partly closed,” Allen testified.

If Virant had died of hanging, Allen said, his body should have had a dark discoloration of the face from the neck up to the face and scalp, a dark discoloration of the lips and tongue, and a swollen and protruding tongue. There could be no doubt, then, that Virant had been hanged after he had lost all blood circulation to his head.

Pekin physicians L. F. Teter and L. R. Clary, who conducted two autopsies on Virant’s body at Allen’s direction, also provided testimony that showed Virant was dead before he was hanged. In particular, they found that Virant had suffered a brain injury due to a concussion. McNally also reiterated his findings at great length, assuring the jury that Virant could not have died of hanging, but rather had died as the result of a vicious beating.

The defense attorneys labored valiantly to rebut the state’s expert testimony, and hostility was at times evident between Allen and Pekin attorney Jesse Black as he persisted in his vain attempts to trip Allen up.

The defense also countered the prosecution’s expert testimony with medical experts of its own, Dr. C. G. Farnum of Peoria, Dr. T. M. Scott of Peterburg, and Dr. R. B. H. Gradwohl of St. Louis, who sharply contradicted key points of the conclusions of Allen, Teter, Clary and McNally.

In particular, Gradwohl, a coroner who had investigated numerous suicidal hangings and had even personally conducted six legal hangings, bluntly rejected the results of McNally’s investigation as “faulty observation.”

According to the state’s witnesses and experts, Virant had been brutally beaten while in custody at the jail, and finally had succumbed to a kind of “shock” resulting from the severity of his wounds.

But, in his testimony on March 1, 1933, Farnum said that Virant could not have been in “shock,” because the autopsy results as well as witnesses at the jail had established that Virant had eaten a meal within an hour of his death. Virant also allegedly attempted to flee when he was taken from the jail to the Nelan inquest. A man suffering from shock could not have done either of those things.

On that point, Farnum was correct. Virant did not die of shock. Based on the autopsies and the known circumstances of Virant’s death, more likely the immediate cause of his death was the brain injury he suffered when the deputies tortured him.

Farnum and Gradwohl also told the jury that embalming alters a dead body in ways that could affect an autopsy’s findings. This was potentially important, because both of the autopsies conducted by Teter and Clary, as well as McNally’s examinations, took place after Virant had been embalmed. Farnum implied that even the apparent evidence of Virant’s concussion and bleeding in his brain could have been caused by the embalming.

Finally, Farnum and Gradwohl contradicted the conclusion of the state’s experts that Virant’s bruises had been inflicted prior to his death. They explained that if a body is injured just before death or very soon after death (but before blood circulation has been lost), bruising can result. This would form an important part of the defense’s alternate scenario of how Virant died and why his body appeared to have been horrifically beaten.

However, none of the defense’s experts attempted to counter the evidence that Virant showed none of the usual signs of a hanging death. The defense attorneys would attempt to destroy the credibility of that evidence through other means.

Next week: The defense pleads its case.

Defense attorneys in the Martin Virant jail death trial in Feb.-March 1933 called upon several medical experts who disputed the verdict of the coroner's inquest jury and the prosecutions experts who said Virant was dead before he was hanged.

Defense attorneys in the Martin Virant jail death trial in Feb.-March 1933 called upon several medical experts who disputed the verdict of the coroner’s inquest jury and the prosecutions experts who said Virant was dead before he was hanged.

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The Third Degree: Chapter 9: The coroner’s jury issues its verdict

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 Nine

The coroner’s jury issues its verdict

On Thursday, Sept. 15, 1932, a Tazewell County Coroner’s jury concluded its work and issued its verdict in one of the most shocking and sensational deaths in the county’s history. Two days later, the grand jury indicted three men in connection with that death.

The grand jury had convened Monday, Sept. 12, and the first case Tazewell County State’s Attorney Louis P. Dunkelberg brought before them was the death of Martin Virant of East Peoria, whose dead body had been hanged in the Tazewell County Jail on Sept. 1 after he had succumbed to severe injuries he had suffered at the hands of county deputies while he was in their custody. The deputies thought Virant witnessed the Aug. 28 murder of Lew Nelan, and tortured Virant because they did not believe his statement that he didn’t find out about Nelan’s murder until the following morning.

While the grand jury considered the Virant case, Tazewell County Coroner A. E. Allen conducted a two-day inquest into his death. On the first day of the inquest, the coroner’s jury heard testimony from several witnesses which established that Virant had no injuries when he was taken to jail. Virant’s sister and brother-in-law also told the jury that Virant feared Deputy Charles O. Skinner would beat or kill him when Skinner took him in for “questioning.” At the Nelan inquest, Virant had named Skinner as one of the deputies who beat him.

The former Kuecks-Woolsey Funeral Home on Capitol Street (now the local of the Tazewell County Justice Center) is shown in this 1966 photograph. The inquests into the deaths of Lew Nelan and Martin Virant took place here in 1932.

The former Kuecks-Woolsey Funeral Home on Capitol Street (now the local of the Tazewell County Justice Center) is shown in this 1966 photograph. The inquests into the deaths of Lew Nelan and Martin Virant took place here in 1932.

Most of the second day of the inquest was taken up with the presentation of the findings of the two Pekin doctors who had conducted two separate autopsies on Virant’s body, and with the testimony of expert Chicago criminologist Dr. William D. McNally, whom Allen had called in to do his own examinations and investigation.

All three specialists agreed that Virant did not die of hanging, but was already dead when someone at the jail used Virant’s belt to hang his body in his cell. They determined that Virant died of extensive, severe injuries he had suffered in a beating.

“From my findings at this autopsy,” McNally told the coroner’s jury, “this man should have been in a hospital instead of a jail. . . From the injuries that I found were quite extensive, he had received a horrible beating.”

Also testifying at the inquest that day was George Genseal, a suspect in the Nelan case who was brought to the county jail a day before Virant (Genseal was later released when it was found he was not involved in Nelan’s death). Genseal said Virant made no complaints of any injuries when Virant first arrived. Skinner later came for Virant and took him away for awhile.

According to Genseal, upon his return Tuesday night, Skinner told Genseal, “Talk to this damn fool so we can take his finger prints, or we’ll send him to Washington, D.C., first and then send him back to the old country where he belongs.”

After Skinner left, Virant told Genseal, “They hurt my head.”

“I told him to come over closer to the bars and let me feel his head. I felt a bump [at] the back of his ear. Then Martin said he thought he had some ribs broken. I wanted to feel and he couldn’t stand for me to touch them.”

Genseal also said Virant told him that all of the deputies on duty “had taken turns” at beating him, “but that Skinner had done most of it.” When Genseal asked him why he wouldn’t let them take his fingerprints, Virant became hysterical. “He said that they had nearly killed him now and if he let them take his fingerprints they would probably kill him altogether,” Genseal said.

On Wednesday, according to Genseal, Virant told Deputy Ernest L. Fleming that he wanted a doctor and wanted to phone his sister in Peoria. Neither request was granted. Genseal said he heard no words or sounds from Virant’s cell that night or on Thursday morning.

On Thursday afternoon around 2 p.m., Genseal said, Skinner came to the cell block and called to Martin. “Then he immediately said, ‘That ____ has hung himself.’ Then he fumbled around for about five or 10 minutes at the cell door.”

Neither Skinner nor Fleming made any move to cut Virant down or initiate resuscitation attempts. Instead, Fleming called the coroner, and it was the coroner who cut Virant down and personally began attempts to revive him. Coroner Allen, testifying as a witness at the inquest, said, “I said that in view of the circumstances that has (sic) already attended this man’s confinement in the jail here, all possible efforts should be made to revive him.”

The inquest was still under way when the Pekin Daily Times went to press on Sept. 15, 1932. The banner headline of that edition was, “MCNALLY IS BEFORE CORONER’S JURY.” But not long after going to press, the coroner’s jury returned with its verdict. The Daily Times then hastily put out an “extra” edition (which rapidly sold out) with the blazing headlines:

JURY SAYS DEATH HOMICIDE” and “SAYS VIRANT DID NOT HANG HIMSELF

Their verdict was that he died at the jail “from injuries and shock, resulting from external violence inflicted by others than himself, while in the custody of the sheriff of Tazewell county.

“We recommend that Deputy Sheriff C. O. Skinner be held to await the action of the grand jury, now in session. We further recommend that the grand jury make thoro investigation of the implication of other parties unknown to this jury.”

Next week: Six indictments in September 1932.

#charles-skinner, #coroner-arthur-e-allen, #dr-william-d-mcnally, #ernest-fleming, #george-genseal, #lew-nelan, #louis-dunkelberg, #martin-virant, #the-third-degree

The Third Degree: Chapter 7: Virant’s death: a tale of two juries

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 Seven

Virant’s death: a tale of two juries

On Sept. 1, 1932, East Peoria miner Martin Virant was found dead and hanging in his cell at the Tazewell County Jail.

The sheriff’s office claimed that Virant, a witness at the coroner’s inquest into the murder of Lew Nelan, had hanged himself, but Virant’s body showed none of the signs of a hanging death. Instead, his body displayed vivid evidence of a terrible beating – a beating Virant had said at the Nelan inquest he had suffered at the hands of Deputy Charles O. Skinner and other sheriff’s deputies.

Even more sensational, two autopsies and Chicago criminologist Dr. William D. McNally determined that Virant was already dead when his body was hanged, and that he had died as a result of the beating. All of central Illinois was shocked to learn that Virant’s “suicide” had been staged to cover up the truth: he had been beaten to death by deputies who refused to believe his protestations that he did not learn of Nelan’s death until the following morning.

Skinner was arrested on Sept. 6 for the murder of Martin Virant and was arraigned Sept. 8. That same week, Tazewell County’s top prosecutor, Louis P. Dunkelberg, and the county’s chief death investigator, Coroner A. E. Allen, dutifully readied the case for presentation before two juries that would be seated simultaneously: the Tazewell County grand jury, and the coroner’s jury that would render its verdict on the cause and manner of Virant’s death. The Virant inquest had to be delayed until grand jury week because McNally needed more time to prepare the report he would present at the inquest.

Meanwhile, news of Virant’s murder had spread far beyond Illinois, and newspapers throughout the Midwest were following the story with great interest, including the St. Louis Post-Dispatch. Speaking to a Post-Dispatch reporter, one of Skinner’s attorneys, Jesse Black, unleashed an attack on the Tazewell County Coroner’s Office.

As reported on the front page of the Sept. 9, 1932 Pekin Daily Times, Black said, “I don’t blame a certain section of the people for being somewhat prejudiced on account of the newspaper articles that have been printed. But when the proper time comes and in the proper form, the falsity of the assertions that have been made by the coroner and his associates will be apparent,” confidently predicting, “Skinner and his associates will be vindicated.”

Black said he exempted the press and the state’s attorney from his criticisms, but alleged that Skinner and other deputies had been “covertly attacked,” claiming, “The policy of the coroner’s office so far in my judgment has been to inflame the public mind. I think they have done so successfully.”

This detail from the front page of the Sept. 9, 1932 Pekin Daily Times quotes Deputy Charles O. Skinner's attorney Jesse Black Jr., who confidently predicted that Skinner and his fellow defendants would be exonerated.

This detail from the front page of the Sept. 9, 1932 Pekin Daily Times quotes Deputy Charles O. Skinner’s attorney Jesse Black Jr., who confidently predicted that Skinner and his fellow defendants would be exonerated.

That weekend, according to the Daily Times, Skinner took his wife and two children, Louis and Lillian, on a short trip to visit relatives so Skinner could avoid the community’s eye and rest up in preparation for a grueling grand jury week.

The September 1932 grand jury was tasked not only with the consideration of the murders of Martin Virant and Lew Nelan, but also with a third murder (that of Richard A. Bohlander, who was shot to death by Jack Larkin of 218 Derby St., Pekin, on June 6, 1932) and several other serious crimes.

The roster for the September grand jury, as reported in the Pekin Daily Times, was as follows:

V. A. Wertsch, Boynton; Wesley Bennett, Cincinnati; H. Marshall, Deer Creek; Carter Harrison, Delavan; D. M. Shivelar, Delavan; Frank Becker, Elm Grove; Faye Fowler, Fondulac; Harvey Staker, Groveland; C. R. Hieronymus, Hittle; R. F. Maurer, Hopedale; Frank A. Hine, Little Mackinaw; Howard Viemont, Mackinaw; Fred Radefield, Malone; Valentine Strunk, Morton; Herman Lauterbach, Pekin; Battiste Benassi, Pekin; Frank H. Smith, Pekin; George W. Weyrich, Sand Prairie; Louis Coombs, Spring Lake; J. E. Morris, Tremont; W. O. Decker, Washington; and George C. Mahle, Washington.

The same week those 22 men heard testimony in the cases of Nelan and Virant, the following six residents of Tazewell County were empaneled as the coroner’s jury for the Virant inquest, which would begin on Wednesday, Sept. 14, 1932:

W. M. Beardsley, foreman; J. Logan Unland, William Shay, Congress Miller, Glee Hellyer and B. F. Waltmire.

Deputy Skinner and his family returned from their trip Sunday night, Sept. 11. The following day at 1:30 p.m. the grand jury convened at the Tazewell County Courthouse.

The first case on their docket was the murder of Martin Virant.

Next week: Standing room only at the inquest.

#charles-skinner, #coroner-arthur-e-allen, #dr-william-d-mcnally, #jesse-black, #lew-nelan, #louis-dunkelberg, #martin-virant, #the-third-degree

The Third Degree: Chapter 4: A hanging in Cell 11 — Crime and cover-up at the county jail

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 Four

A hanging in Cell 11

Crime and cover-up at the county jail

During the Aug. 31, 1932 inquest into the death of Lewis P. Nelan, witness Martin Virant of East Peoria shocked those in attendance with bold accusations that he had been severely beaten by sheriff’s deputies who refused to believe his protestations that he knew nothing of the fight that led to Nelan’s death.

Virant had even shown some of his injuries to the inquest jury. He wanted to continue testifying about the torture he had endured, but because Virant knew nothing of Nelan’s murder, Tazewell County Coroner A. E. Allen sent him back to the county jail, expecting Sheriff J. J. Crosby to release him.

The Sept. 1, 1932 Pekin Daily Times reported, “Virnt (sic) had a bruise on the forehead, there was a little dry blood in the left eyebrow, his right ear was swollen and there was blood about the neck of his shirt. He told the jury he believed some of his ribs had been broken. Whether these injuries were received as Virnt declares, or at some other place and in some other manner, is a question . . . That Virnt had been beaten or in any way abused or mistreated while he had been in custody of the officers for questioning, is vehemently denied by Sheriff Crosby and all members of his force.”

Law enforcement use of torture and violence in order to extract confessions from suspects, or useful information from witnesses who were thought to be less than cooperative, was then an accepted (or at least tolerated) practice commonly known by the euphemism “the third degree.”

Two other witnesses at the Nelan inquest who were not involved in Nelan’s murder, George Genseal and Burton Heller, were released from the Tazewell County Jail on Thursday, Sept. 1. Learning of Virant’s plight, his brother-in-law secured the services of Peoria attorney Victor Michael, who came to Pekin Thursday afternoon and told Crosby that if he did not release Virant he would initiate habeas corpus proceedings. “It was also reported that if Virnt’s release is secured he will be taken before physicians for examination and the X-rays will be taken of his injuries,” the Pekin Daily Times reports.

Crosby granted Michael’s demand and, while Michael and Virant’s relatives waited outside the jail, sent Deputy Charles O. Skinner – whom Virant had named as one of his torturers during his testimony the night before – to let Virant out of jail.

As reported in the Sept. 17, 1932 Peoria Journal, according to Genseal, Skinner came into the jail around 2 p.m., went to the upper cell block and called, “Martin.” Genseal heard no reply, and then heard Skinner say, “The —- has hanged himself.”

Chief Deputy Ernest L. Fleming telephoned Coroner Allen and told him Virant had hanged himself. Allen rushed to the jail. Fleming and Skinner led Allen to Virant’s cell, where Allen found Virant hanging by his belt from the top bar of the cell. Allen cut Virant down and his body was taken into the corridor and resuscitation was attempted without success.

Faced with this sudden and extremely shocking turn of events, the Pekin Daily Times delayed its printing and hastily reworked its Sept. 1 front page so it could run a story along with its Nelan inquest story. The Times announced “VIRNT HANGS SELF IN COUNTY JAIL” – but by the time most Daily Times subscribers got to read those words, investigators were already casting doubt on the sheriff’s department’s account of how Virant had died.

Immediately noticing that Virant’s body displayed none of the signs of a hanging death, and with the memory of Virant’s testimony and injuries from the night before till fresh in his mind, Allen ordered an autopsy by Pekin physicians L. F. Teter and L. R. Clary. The autopsy, conducted Thursday night at Kuecks Funeral Home, found the following, according to the Sept. 17 Peoria Journal:

“Cut over left eye: Extensive evidence of external injuries to the head, chest and body. Cut over left eyebrow, eye badly discolored; internal hemorrhage in rear portion of left eye. Severe bruises back of right ear, extending down the neck. Bruises on back and ribs: one fractured rib on right side. Broken cartilage in right ear. Left eye bruised and discolored. Bruises on top of head. Right side of brain congested, causing concussion. Both shins badly bruised and discolored. Numerous bruises on various portions of the body.”

Virant’s funeral was set for 2 p.m. Sunday, Sept. 4, at Keucks Funeral Home, to be followed by burial in Parkview Cemetery in Peoria. The funeral rites took place as planned, but Allen delayed the burial plans so he could conduct further investigation. At the visitation, Virant’s sister Agnes Franko of Peoria broke down and screamed that her brother “did not hang himself, he was killed!”

On Saturday night, Sept. 3, Allen phoned Chicago criminologist Dr. William D. McNally and explained what Teter and Clary had found in their autopsy. McNally replied, “If the cartilage of Virant’s neck is as described, Virant did not die from hanging.”

That same night, Allen and Teter conducted a second autopsy and concluded that Virant’s death was not due to hanging but to “shock and external violent injuries,” according to the Peoria Journal. McNally also came from Chicago to Pekin on Sept. 5 and did his own thorough examination of Virant’s body, whereupon he concluded: “Martin Virant did not die of strangulation by his own hand. He was terrifically beaten. My opinion is that he died of shock and external violent injuries.”

The Journal reported, “Many witnesses stated that they saw Virant only a few minutes before he surrendered himself to Deputies C. O. Skinner and Hardy Garber in East Peoria on Tuesday afternoon, [Aug. 30], and that he bore no marks of injury.”

Considering the results of the Nelan inquest, Tazewell County State’s Attorney Louis P. Dunkelberg now prepared to prosecute John Petje, Edward Hufeld and Frank Keayes Jr. for the murder of Lewis Nelan.

Also, on Monday afternoon, Sept. 5, Dunkelberg swore out a warrant for the arrest of Deputy Skinner for the murder of Martin Virant.

Next week: Deputy Skinner issues denials.

This front page article in the 6 Sept. 1932 Pekin Daily Times announced the arrival of expert criminologist Dr. William D. McNally of Chicago to examine the body of Martin Virant, found hanging in his Tazewell County Jail cell on 1 Sept. 1932. McNally concluded that Virant was already dead before his body was hanged in the cell.

This front page article in the 6 Sept. 1932 Pekin Daily Times announced the arrival of expert criminologist Dr. William D. McNally of Chicago to examine the body of Martin Virant, found hanging in his Tazewell County Jail cell on 1 Sept. 1932. McNally concluded that Virant was already dead before his body was hanged in the cell.

#agnes-franko, #burton-heller, #charles-skinner, #coroner-arthur-e-allen, #dr-william-d-mcnally, #edward-hufeld, #frank-keayes, #george-genseal, #john-petje, #l-f-teter, #l-r-clary, #lew-nelan, #louis-dunkelberg, #martin-virant, #sheriff-james-j-crosby, #the-third-degree, #victor-michael