The Third Degree: Chapter 24: A sudden ending to John Petje’s murder 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-four

A sudden ending to John Petje’s murder trial

After months of delays followed by an unusually slow jury selection process, the murder trial of East Peoria speakeasy operator John Petje finally got under way on Thursday, Dec. 7, 1933.

On Friday morning, Dec. 8, it all came screeching to a very sudden halt.

Tazewell County State’s Attorney Nathan T. Elliff called two witnesses to the stand that morning: William Peters, brakeman for the C. and I. M. railroad, and Engineer W. S. Kirkwood. Peters and Kirkwood operated the train that ran over Lew Nelan in the early morning hours of Sunday, Aug. 28, 1932.

Nelan, along with two of Petje’s acquaintances, Frank Keayes Jr. and Edward Hufeld, had been drinking at Petje’s speakeasy on Saturday night. At the coroner’s inquest into Nelan’s death, Keayes and Hufeld testified that Petje and Nelan had fought, and that Petje struck Nelan on the head with an iron bar. According to their inquest testimony, thinking Nelan was dead, the three men took Nelan’s body to the railroad tracks nearby so he would be run over.

The testimony of Keayes and Hufeld would be crucial in establishing that Petje was guilty of Nelan’s murder. However, according to the Pekin Daily Times, after Petje’s attorney, James P. St. Cerny, had concluded his cross-examination of Engineer Kirkwood around 10 a.m., “Attorneys St. Cerney (sic) and P. A. D’Arcy and State’s Attorney Elliff gathered in front of the judge and they had written into the court’s records certain facts as to why the state did not call in Frank Keayes Jr. and Edward Hufelt (sic) as witnesses.”

Judge Joseph E. Daily then questioned Keayes as to where he was on the evening of Aug. 27, 1932.

Keayes replied, “I refuse to testify.”

Judge Daily asked him why he refused, and Keayes replied, “I might incriminate myself,” availing himself of his constitutional right against self-incrimination guaranteed by the Fifth Amendment.

Next, the judge called Hufeld and asked him the same two questions, and Hufeld responded in the same words that Keayes had used.

Judge Daily dismissed Hufeld, and then, turning to the jury, instructed the jurors to return a directed verdict of “not guilty.”

With Keayes and Hufeld “taking the Fifth,” the state could not tie Petje to Nelan’s death. “Trial of the case developed that the state had little direct testimony and the court instructions to find the defendant not guilty came as little surprise to those who had been following the trial,” the Pekin Daily Times explained.

Elliff’s attempted prosecution of Petje had followed a similar course as, and had collapsed in much the same way that, his prosecution of Sheriff’s Deputies Ernest Fleming and Charles Skinner had.

In the case of Martin Virant’s death, Elliff dropped the charges against Deputy Frank Lee and then went on to lose the case when he and his fellow prosecutors were unable to tie Fleming and Skinner to Virant’s beating and hanging.

In the case of Nelan’s death, Elliff dropped the charges against Keayes and Hufeld and then lost the case when he had no way to link Petje to Nelan’s beating and the dumping of his body on the track.

Tazewell County’s residents had now seen the unraveling of the prosecutions in the cases of two related, very sensational homicides, along with fruitless attempts to oust the county sheriff and his deputies.

These events helped to create a general sense of great dissatisfaction with the Tazewell County Sheriff’s Department and the State’s Attorney’s Office, and a debilitating loss of confidence in both elected offices.

This inevitably would have notable political repercussions.

Next week: Aftermath and epilogue.

After months of delays followed by an unusually slow jury selection process, the murder trial of East Peoria speakeasy operator John Petje finally got under way on Thursday, Dec. 7, 1933. On Friday morning, Dec. 8, however, as reported on the front page of that day's Pekin Daily Times, it all came screeching to a very sudden halt.

After months of delays followed by an unusually slow jury selection process, the murder trial of East Peoria speakeasy operator John Petje finally got under way on Thursday, Dec. 7, 1933. On Friday morning, Dec. 8, however, as reported on the front page of that day’s Pekin Daily Times, it all came screeching to a very sudden halt.

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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 13: The Virant trial begins in Petersburg

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 Thirteen

The Virant trial begins in Petersburg

In the month following the shocking death of Tazewell County Jail inmate Martin Virant on Sept. 1, 1932, readers of local newspapers saw a deluge of articles and sensational banner headlines announcing each new development in the story.

With the grand jury manslaughter indictments of three Tazewell County deputies in connection with Virant’s death, news coverage slowed down markedly, as the case began to wend its methodical way through the criminal justice system.

That initial flood of news coverage, however, was enough to convince Judge Joseph E. Daily that the accused deputies, Ernest L. Fleming, Charles O. Skinner and Frank Lee, would be unlikely to get a fair and impartial trial in Tazewell County. On Nov. 12, 1932, Daily ruled that the trial of the deputies would have to be moved to Menard County, where the case was expected to go before a judge in February of 1933.

The Pekin Daily Times, which had been following this case in minute detail, continued to provide meticulous coverage of the story even after the change of venue. Daily Times publisher F.F. McNaughton sent one of his reporters, young Miss Mildred Beardsley, to Petersburg to cover the trial for the newspaper. Throughout the course of the trial, Beardsley would offer very lengthy and extensive transcripts of witness testimony as well as occasionally filling in the background with local color and explanation of legal niceties.

The deputies were to be defended by a team of three talented, veteran attorneys: Jesse Black Jr. and William J. Reardon, who represented Fleming and Skinner, and J. M. Powers, who represented Lee. The prosecution team was made up of Menard County State’s Attorney J. W. Smoot, Tazewell County State’s Attorney Nathan T. Elliff, and East Peoria attorney Noble Y. Dowell, a friend of the Virant family brought on to assist Smoot and Elliff in what was for most of the attorneys probably (and for Elliff, certainly) the greatest case of their careers. Presiding over the trial would be Menard County Circuit Court Judge Guy Williams.

Although the deputies had already been indicted by a Tazewell County grand jury, due to the change of venue they were re-indicted in Menard County on Feb. 13, 1933. At that time, prosecutors agreed to simplify the case by dropping three of the eight counts of manslaughter that each of the deputies had faced in their Tazewell County bills of indictment.

Two days later, the prosecutors disclosed the list of witnesses they intended to call – 25 people, including medical experts, family members and acquaintances of Virant, and several individuals who were inmates of the Tazewell County Jail at the time their fellow inmate Virant was beaten to death.

This detail from the front page of the Feb. 15, 1933 Pekin Daily Times shows the list of witnesses whom the prosecution intended to call during the trial of the Tazewell County Sheriff's deputies accused of beating jail inmate Martin Virant to death.

This detail from the front page of the Feb. 15, 1933 Pekin Daily Times shows the list of witnesses whom the prosecution intended to call during the trial of the Tazewell County Sheriff’s deputies accused of beating jail inmate Martin Virant to death.

On Monday, Feb. 20, 1933, jury selection for the trial got under way – but not before a significant development that morning: the state agreed to drop all charges against Deputy Frank Lee.

“It is understood that Deputy Lee was away from Pekin during much of the time during which the events in controversy took place,” the Pekin Daily Times explained. Evidently the prosecution did not feel it would be possible to establish beyond a reasonable doubt that Lee was at the jail during the times when Virant was beaten and hanged to make it appear that he had committed suicide.

Jury selection then proceeded throughout the rest of Monday and concluded on Tuesday, Feb. 21. The jurors chosen were: J. Kennedy Kincaid, farmer, Athens; Robert Fitzgerald, farmer, Sugar Grove; Donald Baugher, general store clerk, Fancy Prairie; Ted Buelter, repairman, Petersburg; Theodore Reinders, hardware merchant, Athens; Otis Harris, farmer, Athens; Roy Corkey, farmer, Petersburg; William Montgomery, farmer, Petersburg; John Gaddie, farmer, Greenview; Henry Market, farmer, Sand Ridge; James Bradley, farmer, Petersburg; and Charles Lockhart Jr., farmer, Greenview.

Over the next 10 days, the 12 jurors would be called upon to hear and consider a long litany of evidence and hours of testimony and arguments both for and against conviction.

After the jury had been sworn in Tuesday, the defense team won a critical victory. Black and Reardon moved that the testimony of Martin Virant at the Lew Nelan inquest be ruled to be inadmissible hearsay.

During his inquest testimony, Virant had shown and described his extensive injuries and had boldly accused Tazewell County deputies of nearly beating him to death. Virant had specifically named Skinner as one of the deputies who had tortured him.

Judge Williams granted the defense motion, instructing the prosecution, “You must NOT mention the testimony of Martin Virant at the Nelan inquest.”

The ruling made the state’s task more difficult, but Smoot and Elliff did not think it posed an insurmountable obstacle. Elliff immediately proceeded with his opening statements.

Next week: The state presents its case.

#charles-skinner, #ernest-fleming, #frank-lee, #j-m-powers, #j-w-smoot, #jesse-black, #judge-guy-williams, #judge-joseph-e-daily, #martin-virant, #mildred-beardsley, #nathan-t-elliff, #noble-y-dowell, #the-third-degree, #william-reardon

The Third Degree: Chapter 12: The Virant manslaughter trial is moved

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 Twelve

The Virant manslaughter trial is moved

Election Day in 1932 was historic, dealing an overwhelming victory to the Democratic presidential candidate Franklin Delano Roosevelt and his party, and ushering in the era of “the New Deal” which was to bring about a revolution in the scope and power of the federal government and its relationship with the American people.

But the outcome of the national election also had an immediate effect on local affairs in Tazewell County, where Republican office holders were swept out by the Democratic tidal wave. That included two incumbents: the coroner, Dr. A. E. Allen, and the state’s attorney, Louis P. Dunkelberg, both of whom had sought a third term in office.

Dunkelberg was ousted by Nathan T. Elliff, a young and comparatively inexperienced Pekin attorney. As Elliff prepared to assume his duties, the Pekin Daily Times (Dec. 3, 1932) offered a brief farewell tribute to Dunkelberg, and welcomed Elliff as one who “has already shown much ability in his chosen profession. Thruout the county he is well favorably known. The public has confidence in him and knows that the office of states attorney will be in good hands and that faithful and conscientious service will be rendered . . . .”

Despite the Daily Times’ optimism, Dunkelberg’s replacement by someone much less experienced did not necessarily bode well for the prosecution of Tazewell County Sheriff’s Deputies Ernest L. Fleming, Charles O. Skinner and Frank Lee, who had been indicted for manslaughter in the beating death of jail inmate Martin Virant. Unsurprisingly, Elliff’s fellow Democrats Fleming, Skinner and Lee had quietly worked for Dunkelberg’s defeat.

Meanwhile the deputies’ boss, Sheriff James J. Crosby, was in a fight for his life – not his political life, however, for he was only in the middle of his four-year term and therefore not up for re-election, but his very life. Stricken down by a severe heart attack two days before Election Day, Crosby was moved to Methodist Hospital in Peoria on Nov. 7.

In the follow week, the Pekin Daily Times published almost daily updates on Sheriff Crosby’s health. His condition was very grave, and at one point it was feared that his death was very near, but he rebounded and eventually was able to resume his duties.

While Crosby was hospitalized and at death’s door, the sister of Martin Virant, Agnes Franko, filed a wrongful death lawsuit against the sheriff on Thursday, Nov. 10. Franko sought $10,000 in damages, a hefty sum in those days.

Then on Saturday, Nov. 12, Circuit Court Judge Joseph E. Daily issued his ruling on the motion seeking a change of venue for the manslaughter trial of Fleming, Skinner and Lee. Their attorneys, Jesse Black and William J. Reardon, had argued that the unusual publicity given to this case by local newspapers, especially the Pekin Daily Times, had made it impossible for their clients to obtain a fair trial in Tazewell County.

In defense of its news coverage, on Nov. 2 Daily Times publisher F.F. McNaughton had reprinted an editorial from the Peoria Transcript, which declared that if the deputies are guilty of killing Virant, local newspapers “will be glad to endure criticism for having condemned the officers and the system which led to his death.

“The deputies are entitled to fair trials. They were officers of the law, and their task was not easy. Nevertheless, this newspaper, at least, is proud that it has been vigilant in behalf of the public interest and protestant in the face of the possibility of official cruelty.”

Even so, Judge Daily agreed with attorneys Black and Reardon, announcing that the trial would be moved to Petersburg, county seat of Menard County.

“Judge Daily said that he had considered the case very carefully, taking the affidavits which had been presented by counsel for both the state and the defense to his home and going over them leisurely and with care and he was of the opinion that the defendants had established their fear that they might not get a fair and impartial trial in this county.

“In considering what county the case should be sent to he had made inquiry and investigation in to the circulation of Peoria, Bloomington and Pekin papers in the county and he had found the circulation very small in Menard county. One Peoria paper has 13 subscribers in the county and another has but two, the court learned.”

The trial was expected to be delayed until February of 1933, “as the next term of circuit court convenes there the first Monday in that month,” the Daily Times reported on the front page of its edition of Nov. 26, 1932.

Next week: The Virant trial begins in Petersburg.

#agnes-franko, #charles-skinner, #coroner-arthur-e-allen, #ernest-fleming, #f-f-mcnaughton, #frank-lee, #jesse-black, #judge-joseph-e-daily, #louis-dunkelberg, #martin-virant, #nathan-t-elliff, #sheriff-james-j-crosby, #the-third-degree, #william-reardon

The Third Degree: Chapter 11: The deputies prepare their defense

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 Eleven

The deputies prepare their defense

Even prior to the manslaughter indictments of Tazewell County Sheriff’s deputies Ernest L. Fleming, Charles O. Skinner and Frank Lee for the “third degree” beating death of jail inmate Martin Virant, the deputies and their attorneys, Jesse Black and W. J. Reardon, had already begun to plot out their defense strategy.

Black gave a hint of that strategy when he issued a broadside attack against Tazewell County Coroner Arthur E. Allen in the St. Louis Post-Dispatch in early September, accusing Allen of inflaming the public against his clients and boasting that the deputies would be exonerated.

On Oct. 24, 1932, Black and Reardon filed a motion for a change of venue. Their motion was expected, because Virant’s murder was one of the most sensational crimes in Tazewell County’s history, and inevitably had dominated the front pages of all the newspapers in the Pekin area for almost the entire month of September 1932.

Judge Joseph E. Daily heard arguments for and against the motion at the Tazewell County Courthouse on Oct. 31.

“In the first exhibit offered by Attorney Black,” reported that day’s Pekin Daily Times, “was a front page of an issue of the Pekin Daily Times, which paper the court was again reminded, had a wide circulation thruout Tazewell county, containing articles relating to Virant’s death, which the attorney contended tended to create a prejudice against the defendants, and also containing alleged testimony which would not be admitted by a court of record.”

Judge Daily took the matter under advisement, saying he would not issue his decision until Nov. 12. Not just the gravity of the case, but also the fast-approaching general election, gave him a good reason to delay ruling on the question. In the autumn of 1932, the Great Depression was in full swing, and incumbent Republican President Herbert Hoover was facing a formidable challenge from Democratic candidate Franklin D. Roosevelt.

But while action on the case paused in the courtrooms, the accused deputies continued efforts in their own defense. While their attorneys had charge of legal strategy, the deputies opted for an unorthodox and somewhat cynical angle of counterattack: taking their cause into the political ring, the deputies quietly but determinedly campaigned for the defeat at the polls of Coroner Allen and State’s Attorney Louis Dunkelberg.

In the case of Allen, their campaigning for his defeat seems to have been simply out of spite. If Allen were defeated by his Democratic challenger Dr. Nelson A. Wright Jr., it would have little if any effect on their prosecution or on their chances of conviction or acquittal.

The electoral defeat of Dunkelberg, however, would very likely deal the prosecution a very serious setback. Then nearing the completion of his second four-year term in office, Dunkelberg was an experienced and accomplished prosecutor, and it was he who had filed the charges in the Virant case and had midwifed the case through the grand jury.

His Democratic challenger was Nathan T. Elliff, a young barrister working in the law office of his father, Pekin attorney John T. Elliff. In fact, he was a mere 23 years old and had only been an attorney for four years, passing the bar at the tender age of 19. The contrast between the legal and prosecutorial experience of Dunkelberg and Elliff almost could not have been greater.

We may also wonder whether or not, in quietly opposing Dunkelberg’s re-election, the deputies may have wanted to create a feeling of gratitude or debt in the mind of the little experienced and untested Elliff. Did they hope to influence how, or whether, Elliff would proceed with their case?

No matter how quiet their campaign, though, the family of the murder victim eventually got wind of what the deputies had been doing. Just before Election Day, the family of Martin Virant took out a last-minute political advertisement in the Nov. 7, 1932 Pekin Daily Times, entitled, “A WORD FROM THE BROTHER AND SISTER OF MARTIN VIRANT, DECEASED,” and signed, “Frank Virant, Mrs. Agnes Franko.”

Upon learning that the deputies accused of beating jail inmate Martin Virant to death were working to help defeat the county prosecutor and coroner in the polling booth, Virant's family published a note in the Pekin Daily Times just before Election Day urging voters to re-elect Louis P. Dunkelberg and Dr. Arthur E. Allen.

Upon learning that the deputies accused of beating jail inmate Martin Virant to death were working to help defeat the county prosecutor and coroner in the polling booth, Virant’s family published a note in the Pekin Daily Times just before Election Day urging voters to re-elect Louis P. Dunkelberg and Dr. Arthur E. Allen.

“We have just found that the deputy sheriffs who are now being prosecuted for our brother Martin’s death are going around trying to get their close friends to vote against Dr. Allen and States Attorney Dunkelberg. They think that if Dr. Allen and Mr. Dunkelberg are defeated it will help them a lot in their trial.

“We want the people to know that Dr. Allen and Mr. Dunkelberg did all in their power to investigate Martin’s death and it was through their work that the truth was given to the people. We have been helping them in every way, and we want the people of Tazewell County to know that we want them elected again so that they can go on with Martin’s case. If there is any justice in Tazewell County, Dr. Allen and Mr. Dunkelberg will get the votes of all honest Americans who want to see us and our brother, Martin, get a square deal.”

Their last-minute appeal, however, was in vain. Although initial election returns looked promising for Allen – the Daily Times on Nov. 7 even incorrectly predicted, “Coroner A. E. Allen Will Be Re-Elected” – nevertheless both he and Dunkelberg were swept away by the Democratic tsunami that swept the Republican Party out of power almost everywhere in the country, from the top of the ticket to the bottom.

Since most voters blamed the Republicans for the Great Depression, the accused deputies may have had no need to lend their support to Wright and Elliff – voter antipathy for Republicans that year was so strong that the Democrats probably could have run almost anyone against Allen and Dunkelberg and been assured of victory.

Next week: The Virant manslaughter trial is moved.

#agnes-franko, #charles-skinner, #coroner-arthur-e-allen, #ernest-fleming, #frank-lee, #frank-virant, #jesse-black, #john-t-elliff, #judge-joseph-e-daily, #louis-dunkelberg, #martin-virant, #nathan-t-elliff, #nelson-a-wright, #the-third-degree, #william-reardon