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 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.

#c-g-farnum, #charles-skinner, #coroner-arthur-e-allen, #dr-william-d-mcnally, #ernest-fleming, #jesse-black, #l-f-teter, #l-r-clary, #lew-nelan, #martin-virant, #r-b-h-gradwohl, #t-m-scott, #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