USA > Illinois > Williamson County > Complete history of southern Illinois' gang war : the true story of southern Illinois gang warfare > Part 3
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"I am going to wrap Price's pistol in it and throw in on the burning pile of rubbish at the Dowell mine." Wooten and Ritter got in the car with me and we drove to West Frankfort to Ritter's home. On the way to West Frankfort Ritter told me that they took Mrs. Price away immediately after we left with Price. He said she did not say a word, did not ask where she was going. When we stopped at the mine and ordered
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her out Schroeder shot her twice in the back as she stepped on the running board. She screamed and fell on her face. Ritter shot her twice in the back as she lay on the ground. He said they then picked her up and threw her in the pit
The Finding of Mrs. Price's Body.
The body of Mrs. Lory Price, wife of a slain Illi- nois highway patrolman, was found at 12:10 p. m., on Monday, June 13, 1927, in the shaft of an abandoned mine near Marion.
Discovery of the body appeared to bear out the testimony of Art Newman, former henchman of Char- lie Birger, that Mr. and Mrs. Price were slain on the same night by members of the Birger gang. Price's body was found in a field in Washington county in February, 1927, where Newman said it was left after Birger pumped it full of machine gun bullets.
The head of the body was first uncovered. Four workmen were in the pit at the time. When it became visible they called Coroner George Bell and Sheriff Oren Coleman into the shaft. Everyone else left. Or- en Coleman was the sheriff who succeeded George Gal- ligan as sheriff of Williamson county. Coleman had a gratifying record before accepting the office as sher- iff and did great work as sheriff.
The officials examined the part of the body ex- posed and announced they were certain of the identification. The remains were removed at once.
The body was badly decomposed. The hair was drawn far back from the forehead. The rest of the remains were kept covered. The body lay face up, ap- parently as it had fallen when thrown into the shaft.
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It is said that Mrs. Price was soon to have given birth to a child when she was murdered.
Tin cans, parts of automobiles and other refuse covered the body. The assassins spent a half hour throwing debris into the shaft over the body. Feeling ran high for some time after the finding of the body of Mrs. Price, and Birger who was in jail in Benton charged with the complicity with the murder of Joe Adams and also with that of Mr. and Mrs. Lory Price, was moved to the jail in Springfield, the State Capitol. Later he was brought back to the Franklin county seat for trial. At first it seemed as if a mob would be or- ganized and tear down the Benton jail and lynch Bir- ger. However, things went smoothly and nothing hap- pened.
A large crowd gathered around the pit and Dale Jones, of Ozark, Mo., Mrs. Price's father, identified the body and had it prepared for burial. The body was found 33 feet 9 inches from the ground level, un- der a mass of timbers, iron roofing and automobile parts and other debris.
The body was discovered by Walter Schmitt and J. R. Jelly of Royalton, and Dick McNail and Edward Anderson of Energy. The discovery was made just after the workers had changed shifts.
The task of removing the body from the muck and mire of the mine was a difficult one. It became necessary for the men to discard their shovels and use wooden paddles in removing the remains of the mur- dered woman from the mud. The odor in the mine be- came so offensive that it was difficult for the men to continue their labors. There was a solemn atmosphere about the place as the hundreds who had gathered to watch the victim of the most horrible murder that
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ever perpetrated in southern Illinois be taken from the mine, bared their heads in respect of the highway pa- trolman's wife. Unemployed miners helped dig out the body. A large crowd stood near constantly and interest was intense.
A special grand jury indicted Charlie Birger, Con- nie Ritter, Leslie Simpson, Ernest Balleau and Riley "Alabama" Simmons before the body was found. At this time Harvey Dungey, former friend of Birger, said he had confessed to John Stack, chief of Illinois Highway Police, that the story told by Art Newman was the truth.
Charlie Birger at this time was in jail in Spring- field, Illinois, waiting for trial on July 6, 1927, at Ben- ton, Illinois, for the murders of Joe Adams and Lory Price. When asked about his condition Birger told a guard in the jail to leave him alone, that it looked as if the jig was up. Later he declared that Newman was lying to shield himself. Newman came back with the words that Birger was lying and trying to "frame" Newman.
At this time, July, 1927, the trial of Eural Gowan and Rado Millich for the murder of Ward Jones was going on in Marion. Witnesses testified on one side just opposite the testimony of the other side, showing that no one cared to lie about the matter. The defense declared that Harry Thomasson told them that he swore falsely for the state but that the officers were no longer nice to him and he didn't care for anyone knowing he swore falsely.
As this trial was nearing its end and Birger was preparing for his trial on Wednesday, the sixth. It looked as if the trial would be postponed through complaints of the defense. The prosecution announced
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it was ready to commence. Birger's wife was staying in Benton and doing everything possible for Birger. It was reported that she tried in many ways to stir up a feeling of pity for Birger. At this time the legislat- ure of Illinois was fighting hard to pass a law substit- uting electrocution for hanging in cases of the death penalty. In the previous month, June 17, 1927, Joe Chesnas, 22, was hanged by Sheriff Lige Turner at Harrisburg in the Saline county jail yard for the mur- der of William Unsell, aged mail carrier of Harrisburg. Only a few months prior to the hanging of Chesnas, Joe "Peck" Smith of Gallatin county was hanged by Sheriff Green in the Shawneetown jail yard for the murder of his wife. He was convicted on circumstan- tial evidence and maintained his innocence to the last. He took his execution very calmly. Joe Chesnas, the Harrisburg youth who was hanged on June 17 in Har- risburg, had pleaded guilty and took death very calm- ly. He smiled and winked at a spectator just before the black cap was adjusted. Chesnas was supposed to have been a friend of Charlie Birger. The writer of this article talked with Chesnas before his death and the young man seemed to regret his life of crime not at all. He was sentenced by Judge A. E. Somers.
In the trial of Eural Gowan, 19 year old youth, and Rado Millich, Montenegrin, for the murder of Ward Jones, Millich said he was the only one to shoot Jones, this act being in self defense. He claimed he shot four times with a rifle after Jones had fired at him from behind with machine gun. Millich testified Gowan took no part. Others swore Gowan took no part while some swore they saw Gowan shoot Jones with a revolver. State's Attorney Arlie O. Boswell said he would prove to the jury that Jones was tortur-
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Mrs. Charlie Birger
GUS ADAMS (Brother of Joe Adams )
ed and then killed by Gowan and Millich and later thrown in a creek near Equality. Jones was killed following a quarrel and one witness testified that Bir- ger ordered him killed after he had been wounded by Gowan and Millich.
On Tuesday, July 5, 1927, the writer of this ar- ticle had gotten much information on the trial and wrote in the paper he was with at that time the fol- lowing sketch concerning the preparedness of Frank- lin county authorities for the big trial.
Three machine guns and 30 deputy sheriffs, arm- ed to the teeth, were on guard today about the Franklin county jail and courthouse to prevent any possible out- break in connection with the trial of Charlie Birger, southern Illinois gang leader ; Art Newman, his former henchman, and Ray "Izzy" Hyland.
A posse of 1000 men have been placed in readi- ness to appear at short notice. The authorities are taking no chances of any further sensational develop- ments of a trial that promises to disrupt gangdom in the southern part of the state.
Birger, Newman and Hyland are to be tried, be- ginning Wednesday, for the slaying of Joe Adams, 300 pound mayor of West City, Ill., who was called to the porch of his home last autumn and riddled with bullets.
And thusly the officers of Franklin county pre- pared for the big trial. Williamson county at this time was trying hard to get the trial of Birger in connection with the killing of Lory Price and wife to be held in Marion. Birger's men were alleged to have taken part in the killing, had already been indicted by a Washing- ton county grand jury. Price's body was found in
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Washington county. Much interest was being shown over the trial of Birger and his men for the murder of big Joe Adams. Thousands were expected to jam the streets of Benton on the day of the trial of the gang- sters. Harry Thomasson had already been sentenced to life imprisonment after a confession and plea of guilt. He was to be used as a star witness for the state against Hyland, Newman and Birger. His brother, Elmo, died in the fire that destroyed Birger's Shady Rest. Newman accused Birger of having the place burned to get rid of its occupants who "knew too much." Just before the trial public opinion was that Birger and his gang was guilty-in the first degree- and should be punished accordingly. A few seemed to think that the gangsters who confessed and turned state's evidence should be dealt with lightly, as in the case of Clarence Rone in the trial following the killing of Ward Jones.
CHAPTER 9.
This Chapter Deals with the Trial of Charlie Birger,
Newman and Hyland in Connection with the Murder of Joe Adams.
Also Ward Jones Trial in Marion.
Guarded on all sides by thirty special deputies, "Machine Gun Charlie" Birger, notorious southern Illinois gangster, and two of his former henchmen, Art Newman and Ray "Izzy the Jew" Hyland, were escort- ed into the courtroom at Benton, Illinois, July 6, 1927, to defend themselves against charges of murdering Mayor Joe Adams of West City, in Franklin county.
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The courtroom was packed to capacity long before the three defendants were taken from the jail and brought in for trial. Crowds of curious bystanders thronged the yards below and Sheriff James Pritchard experienced difficulty in taking the prisoners from the jail to the court house.
While no announcement was made when the pris- oners were brought in concerning the procedure the defense will take to save the gangsters from conviction, it was understood the attorney for Newman would at- tack the indictment, charging that the grand jury which returned it was "handpicked." The state was relying upon the testimony of its star witness, Harry Thomasson, former Birgerite, to convict the men. Thomasson made a confession that he and his brother Elmo, now dead, were paid $50 by Birger to kill Adams.
Birger sat in the courtroom and watched fate. His first act upon entering the court room was to kiss his wife and two children. The work of selecting the jury was begun shortly before noon.
A motion to quash the indictment against the three defendants was introduced by their attorneys shortly after they were brought into court. Judge Charles H. Miller was to rule on the motion later. The defense attorneys presented the motion on the grounds that the grand jury which indicted the men had been illegally drawn and therefore was not vested with proper power. They contended that the venire of the grand jury was issued and returned the same day and only a few minutes apart.
When the court reconvened for the afternoon ses- sion R. E. Smith of the Birger counsel was introduc- ing evidence in an effort to support his motion. The work of selecting the jury had not at that time begun.
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Attorneys for Hyland were trying to prove he was not the driver of the car as alleged by Thomasson.
State's Attorney Roy Martin of Franklin county believed that he had sufficient evidence to place the noose around the neck of each defendant.
Jury Takes Ward Jones Case.
At this time, July 6, in Marion, the jury in the trial of Rado Millich and Eural Gowan, charged with the murder of Ward Jones, took the case and retired to their room after the final pleas of State's Attorney Arlie O. Boswell.
The state sought the death penalty for Gowan and Millich. It was contended that the two defendants killed Jones at Shady Rest and later threw his body into North Fork creek in Gallatin county. Millich ad- mitted killing Jones in self defense, following a quar- rel, while Gowan denied all complicity in the crime.
In the sensational final arguments before the jury State's Attorney Arlie O. Boswell of Williamson county pleaded with the jurors to assess the death penalty and "put an end to the reign of terror created by Charlie Birger and his infamous band of murderers."
"We don't have to go to Franklin county," declar- ed Boswell, "for men to bring our criminals to justice, you men are courageous."
Attorneys for the defendants argued Millich and Gowan were not real offenders but only "hangers on" of Birger's gang while the slain man was "Birger's trusted lieutenant."
Result of Ward Jones Murder Trial At Marion.
Rado Millich and Eural Gowan were found guilty of the murder of Ward Jones, a fellow gangster, at Marion on July 7, by the jury that heard their case in Williamson county circuit court.
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Punishment for Millich was fixed at death and for Gowan 25 years imprisonment in the Chester peniten- tiary.
The jury reached its verdict early on the 7th after 12 hours of deliberation. It was sealed and turned over to the authorities to be read at the opening of Judge Hartwell's court at 9:30 a. m.
The lengthy deliberations were over the penalty to be imposed on Millich, members of the jury told, after their dismissal. The jurors could not agree whether to recommend death or life imprisonment. Millich admitted at the trial that he shot and killed Jones, a bartender at Charlie Birger's roadhouse, but pleaded self defense. Gowan denied any part in the slaying.
Millich by terms of the verdict, would be electro- cuted under the new Illinois capital punishment law, electrocution replacing hanging. Millich was the first to be sentenced to death since then the law was passed.
The trial of Millich and Gowan was the first on charges of murder resulting from the long gang feud in southern Illinois which is credited with a large death toll.
A large crowd in the court room rushed forward to congratulate jurors immediately after the formality of reading the verdict.
The defendants were immediately removed to the Williamson county jail, where they were to await sen- tencing by Judge Hartwell. Gowen made no comment, but Millich protested that the trial was a "frame-up." He cursed all the way back to his cell.
Jones, according to evidence at the trial, was shot down by Millich during a quarrel at Shady Rest, the
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fort of the Birger gang. The evidence showed also that he was assisted by Gowan.
Millich, a middle aged Montenegrin, serving a term in the Chester penitentiary, testified in his own behalf, saying that he shot Jones in self defense. His attorneys said they would appeal the case. Gowan's attorneys said he would not appeal.
Throughout the trial, State's Attorney Arlie Bos- well pleaded for a death verdict to help clear the name of "Bloody Williamson." There were two ministers on the jury, one of them foreman.
Continuation of the Trial of Birger, Hyland and New- man at Benton, Illinois for Murder of Joe Adams.
The picking of the jury in the trial of Charlie Bir- ger, Art Newman and Ray Hyland for assisting in the murder of Joe Adams, Mayor of West City, began on July 8, 1927, at Benton, Illinois.
Birger's attorneys moved for a spearate trial from Art Newman, and Newman made a motion to have a separate trial from Birger. Hyland threw his lot with Birger. Birger then demanded that he be tried before a jury composed of ladies or a mixed jury. Charles Karch of Birger's counsel made a motion for a bill of particulars. A motion to quash the indictment of the three men was made. Judge Charles A. Miller heard all the motions and then denied everyone of them. Continuance of trial was denied and the selec- tion of the jury began. A large crowd was present and the sheriff had a large armed force aiding in keeping order.
The defendants were brought into the court room one at a time under guard. They appeared calm and indifferent and acted as though they did not realize
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that the state was trying to exact their lives. They greeted their families and friends and Birger sat with one of his daughters on his lap. He was unsuccessful when he tried to induce her to allow him to pull one of her teeth which was loose. Newman and Birger paid little attention of the other at first. Later they scowled across the table and cursed one another. Hy- land sat back and grinned and whispered to one of the defense attorneys. The court room was large enough to hold the crowds. Not so many people attended as was expected. The court then told the attorneys to start examining for witnesses.
At recess of the court Newman told C. E. Hoiles, president of the Bond County State bank at Pocahon- tas, Ill., that he drove the car used by three robbers some time ago and assisted two of Birger's men in robbing the bank. This happened in November, 1926.
He said Birger sent the men and that Birger got one-fifth of the loot as his part. They took $10,000 from the bank. Newman displayed a scar on his hand which he said he received when shot by citizens who opened fire on the fleeing car.
Newman also told that Birger killed Shag Wor- sham and an unknown man found at the home of Ollie Potts of near Marion, whom Newman described as Connie Ritter's sweetheart. Birger cursed and raved at Newman and screamed "women killer." Newman scowled and cursed back and said, "if they don't shut up that rat there's a lot more that can be told." Birger shut up.
Both men then controlled themselves and the trial went on quietly. The process of selecting a jury was very slow and tedious.
The general public throughout the southern end
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of the state of Illinois was at this time wondering if much of gangland mysteries would be brought to light in the trial at Benton. The topic of the day was Bir- ger and the trial in Franklin county. Public sentiment was very decidedly against Birger and his gang, al- though many thought Art Newman should be dealt with less harshly than Birger and his men because he came through and confessed.
CHAPTER 10.
Chapter 10 Deals with More Details Concerning the Trial of Birger, Newman and Hyland Before the Selection of the Jury Was Completed At
Benton, Illinois.
Rado Millich Charges Numerous Crimes to Man He Killed.
Rado Millich, in trying to get another trial for the murder of Ward Jones, came out with a statement to the public covering the crime. Millich did not deny killing Jones, but is positive in his stand that it was done in self defense. He tried to exonerate Eural Gowan of any complicity with the crime.
In his statement in broken English, the Montene- grin miner declared that he killed Jones with a rifle belonging to State's Attorney Arlie Boswell, of Wil- liamson county, and when Boswell heard this story he replied : "If Millich got a rifle from me, when did he get it, and why in the devil doesn't he bring it home?" and laughingly commented further that "the story was among the best he had ever heard."
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MRS. JOE ADAMS
Millich charged unsolved killings to Clarence Rone Harry Thomasson and Danny Brown Parker, and cited them as the class of witnesses used against him. Nu- merous killings were recounted by Millich, which in- cluded that of "Shag" Worsham, who was slain in Zeigler and his body believed to have been disposed of in a barn that was burned.
Ward Jones, Millich says, tried to kill him, but could not shoot straight enough to do the job, which was the only reason he was not "bumped off" by Jones.
The slaying of "Wild Bill" Holland, 18, is also re- counted in the statements of Millich. Holland's body according to Millich, was riddled by 28 bullet wounds.
On the same night Holland was killed Millich de- clares that it was Ward Jones who shot Mr. and Mrs. Max Pulliam, and that the reason they were not killed was because Jones' machine gun jammed.
Millich denied ever being a gangster or of having worked for either Newman or Birger and that all he had told was the truth. He said that if he was forced to die he would die with a load off his mind.
While the trial of Birger, Newman and Hyland was going on in Benton for the killing of Joe Adams, the attorneys of Millich were trying to solicit funds for his appeal. They went to the local union Millich belonged to and to his friends.
On the 11th of July, 1927, it was declared that all death sentences would be carried out by hanging, only in case where the murder had taken place before the new law for electrocution took effect. Therefore Mil- lich would be sentenced to hang.
On July 9, 1927, Floyd "Jardown" Arms of Her-
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rin, Shelton gangster, started an eight year sentence at Chester penitentiary following conviction on a sta- tutory charge.
At this time, July 11, 1927, Monday, much hagg- ingly and commenting was going on in Egypt concern- ing the trial of the gangsters at Benton. The writer, who at this time, was with the Eldorado News, made a trip throughout the entire traversable districts of Egypt and talked with gangsters, officers, good and bad citizens, newspaper men and professional and business men and clergymen.
The writer noticed that progressive citiznes and honest business men in Egypt had declared that gang war should stop. And that they would do all in their power to see that it did stop. Two Benton bankers stated that the mine riots, Klan war and gang war had cost the south end of the state over $20,000,000.00 and there was no exaggeration in the figures.
Although much was brought to light that the gangsters had done and there was much that was not told which they had done, many deeds with which they had nothing to do were credited to them. Old murders and robberies were blamed on the gangsters and wild rumors of confessions swept the country for several weeks. It was the Jesse James scene played all over again.
Birger Denied Every Charge Brought Up by Newman.
Birger at this time, in early July, was charged by Newman with the murder of Jimmie Stone, whose dead body was found sitting upright in a ditch near Marion with a cigar jammed into the mouth, in December 1926. Birger denied the charge. He also denied any know- ledge of Lyle "Shag" Worsham murder or of the Poch-
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antos bank robbery, in which Newman implicated his former chief during a bitter cross fire of interviews with newspaper men.
Birger contended that he would be able to estab- lish his innocence of all these charges when brought to trial.
Birger, in all his denial, said he had served three years in the U. S. Army and had an honorable dis- charge. He also claimed that he was a native born American citizen and that the people would know the reason for the many accusations against him before the trial was over.
Jimmie Stone was found dead with a note pinned to his flesh which said: "He stole from his friends," and was signed : "K.K.K." On the night of December 1, 1925, two men called at the home of Ollie Potts, in Harrisburg, called Stone out and took him away and that was the last time he was seen alive by the Potts woman, who was claimed to be the sweetheart of Con- nie Ritter. Ritter was named in the Pocahontas bank robbery with Newman, Frank Schrader and "Okla- homa Slim" McGuire. The confessions of Millich and Newman seem to run together on this story.
During the selecting of a jury in the Adams case the attorneys for the defense were thrown into a panic a number of times by Birger and Newman cursing and telling on each other. They tried several times to get at one another. At this time several newspapers came out with the statements that the defense would plead insanity as a result of the bitter verbal war of Birger and Newman.
In connection with the Stone murder Newman said to Birger when Birger called him a ". woman
killing
," "I'll shut that dirty rat up." "Short-
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ly after I got acquainted with the 'great gang leader' (sneeringly) in 1924 he told me that he and Orb Tread- way (since slain) were calling on Ollie Potts, who is Connie Ritter's sweetheart. She lived near Marion.
"They found a man there. Treadway forced him into a car and Birger shot him from behind. Then they took the body around and showed it to several persons-never mind who they were. They stuck a cigar in his mouth, sat his body upright in a ditch and left it."
"If that doesn't shut up that rat, tell him I'll speak a little piece about who killed 'Shag" Worsham. There's a lot that can be told. So I'm a woman mur- derer? We'll see." No more talking, the defense said and Newman shut up. A defense attorney said : "If the stories told by Newman should be true both of these men by their acts, would necessarily prove themselves to be paranoiacs, two maniacs with positive homicidal tendencies, and should be dealt with accordingly."
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