Cases discussed or mentioned: Dorothy Pollak, Beulah Mary Annan, Belva Gaertner, Cora Orthwein, Catherine Cassler, Sabelle Nitti Crudelle, Maggie Titter, Mrs. Tillie Klimek, Mrs. Kittie Malm, Mts. Elizabeth Unkafer, Mrs. Eliza Nusbaum, Mrs. Margaret Summers, Mrs. Wynekoop, Mrs. Kittle Maum, Florence Stokes, Mrs. Elizabeth Unkafer, Mrs. Florence Leeney, Mrs. Rose Franks (alias Emerich), Bertha Hellman, Bernice O’Connor, Mrs. Lillian Schaede, Mrs. Katie Kraft, Mrs. Mary Kuna, Mrs. Bernice Zalimas, Mrs. Blanche Dunkel & Evelyn Smith, Mrs. Margaret Rose.
FULL TEXT: A woman still can commit murder in Cook county
and stand a better than even chance of escaping punishment, especially if she
chooses her husband as the victim, more especially if she is young and
attractive. The statement is borne out by records of the Criminal court, which
shows that only two out of every nine women tried for murder in Cook county
since 1906 have paid any penalty. The greater number of these women killed
their husbands. The few who were sentenced to prison were either old,
unattractive, or both.
The extreme penalty for conviction on a charge of first
murder in Illinois is death, but no woman ever has been hanged or electrocuted
in Cook county. Since 1840 three women ever has been hanged or electrocuted in
Cook county. Of the three, two were subsequently given freedom. Sixty-three
women tried for murder in this county since 1906 were freed, the majority by
jury acquittals.
A typical case, revealing the ease with which a young nd
fairly pretty woman quickly won an acquittal after shooting her husband, Joseph
Pollak, a death, was that of Mrs. Dorothy Pollak. The prosecutors in this case
realized that their greatest difficulty in securing a conviction was not the evidence,
but the attractiveness of the defendant. They demanded that several women be
chosen for the jury, believed that women would be less susceptible to the
defendant’s charms. Defense attorneys adroitly blocked this move by waiving
their client’s right to a jury trial and trusting her fate entirely to the
ruling of the presiding judge, Harry Fisher, who then (1932) was chief justice
of the Criminal court. The hearing was the quickest murder trial on record in
Cook county. When the judge read his decision, acquitting the comely defendant,
there was a wild burst of cheering from scores of men and women who had packed
the courtroom to hear the proceedings. Afterward Mrs. Pollak said: “Judge
Fisher is a nice man. He looked at it sensibly.”
At the time of the murder Mrs. Pollak had characterized the
shooting as “the dirty trick I did to poor Joe,” and both before and after the
trial she had killed her husband in self-defense, which the judge characterized
“the law of nature and the right of every human being.”
~ Keep Drunken Vigil Over Victim as Phonograph Blares Her
Favorite Tunes ~
Probably the most sensational similar case in the annals of
Cook county’s woman slayers was that of Beulah Mary Annan, who was widely
publicized as “Chicago’s most beautiful murderess.” Beulah shot and killed her
lover, Harry Kalstedt, during a drinking bout in her in her apartment in 1924.
After shooting Kalstedt, whom Beulah entertained in her home
while her husband was at work, the slayer kept a drunken vigil over him while a
phonograph blared out her favorite tunes until he died in her apartment in
1924.
At the time of her arrest Beulah told police she had killed
Kalstedt because he threatened to leave her. But at her trial, dressed in a
fashionable gown and frequently smiling at the jury, she testified that she was
a virtuous wife who had been wronged. At times during the recital she sobbed.
The jury acquitted her, and within a few weeks she left her husband. It was
reported she had gone to Hollywood in search of a movie contract.
Another woman slayer who received kind treatment from a jury
was Belva Gaertner. She shot and killed Walter Law, married salesman, following
a gin party. Her case was similar to that of Miss Cora Orthwein, who shot and
killed her married sweetheart, Herbert Zeigler, in 1921. Cora’s explanation was
she “loved him so.” On the witness stand she said she fired in self-defense and
was acquitted.
Women accused of murder in Cook county and who were later
freed were not all attractive or young. The case of Mrs. Catherine Cassler is
illustrative. This woman, portly, past forty, and unromantic looking, was the
principal figure in a murder conspiracy case. With a Mrs. Lillian Fraser and a
younger man, Loren Patrick, she was charged by the state with having murdered
William Lindstrom, a cabinetmaker, in order to collect a share of Lindstrom’s
$7,500 life insurance, of which the Fraser woman was beneficiary. When the
three were arrested Patrick and Mrs. Fraser confessed and were granted separate
trials. They both testified for the state of Mrs. Cassler’s trial. She was
found guilty and sentenced to death. Within forty-eight hours of the data of
execution her attorneys won a stay. Later the state Supreme court ordered a
new trial, but the state did not retry the case and Mrs. Cassler was freed.
It was a case similar in some respects is that of Mrs.
Sabelle Nitti Crudelle, who, with her second husband, Peter Crudelle, was
accused of murdering her husband, Frank Nitti, owner of a small truck farm near
Stickney. Crudelle at the time of the murder was the hired hand on the farm.
Both defendants were found guilty. Two of Mrs. Crudelle’s sons by her first
marriage testified for the state. Mr. and Mrs. Crudelle were given death
sentences. The state Supreme court, however, ruled that they had been
convicted on insufficient evidence and the state dropped the case. The
Crudelles went back to the truck farm.
~ Some of the Few Who Found Juries Unsympathetic to Their
Pleas ~
The only other woman ever sentenced to death for murder in
Cook county was a Creole, Maggie Titter, who killed her husband. The sentence,
however, was committed to life imprisonment.
In the last twelve years the number of women convicted of
murder has not increased. Among the few who found it impossible to sway juries
were Mrs. Tillie Klimek, Mrs. Kittie Malm, Mts. Elizabeth Unkafer, Mrs. Eliza
Nusbaum, Mrs. Margaret Summers, Mrs. Wynekoop. [Note: Klimek and Summers were
serial killers.]
The case of Dr. Wynekoop is still fresh in the memories of
most newspaper readers. It was a sensational murder because of her age and
previous record as a useful citizen. Dr. Wynekoop was found guilty of killing
her daughter in law, Rheta, and was sentenced to serve 25 years in prison. Her
trial was complicated because of her weakened physical condition, which caused
a postponement. Dr. Wynekoop was brought into the courtroom each day in an
invalid chair and was constantly attended by physician a nurse. She was
sentenced in 1933.
Another woman who used arsenic as a lethal weapon was
Margaret Summers. She poisoned her nephew Thomas Meyer. She was convicted and
given a 14-year prison term. It may be noted that the pictures of Mrs. Summers
and Mrs. Cassler bear a resemblance.
~ Four More Who Were Given Prison Terms ~
Mrs. Nusbaum was tried in 1926 to the murder of her husband,
Albert. It was a particularly brutal and revolting crime, and her accomplice,
John Walton Winn, was convicted and hanged. But the jury which heard the
evidence against the woman in the case did not break the precedent that women
are not executed in Cook county. Mrs. Nusbaum, found guilty, was sentenced to
life imprisonment.
Mrs. Kittle Maum, who died in the Joliet penitentiary in
1932, was given a life sentence in 1924 for the murder of Edward Lehman.
Florence Stokes was given a sentence of one year to life on
a manslaughter charge, and Mrs. Elizabeth Unkafer was given life imprisonment
for killing Sam Belchoff.
The great majority of
Cook county’s woman slayers were adjudged not guilty not guilty in court.
Mention of some of the more sensational cases follows:
Bernice O’Connor, youthful and attractive, who had been
employed as a cabaret cigaret girl, was arrested for the murder of her divorced
husband, Edward, 1931. O’Connor was shot killed killed in his former wife’s
apartment. Witness testified that he had threatened to kill Bernice, who did
not take the stand. She was acquitted.
Mrs. Florence Leeney shot and killed her husband following a
New Year’s day party in 1930. The state charged that she shot the husband,
Maurice, a contractor, while he was sleeping on a couch in the parlor. The
defense maintained that Mrs. Leeney fired in self-defense when her husband
attacked her. The jury deliberated for many hours, finally returning within a
not guilty verdict. Mrs. Leeney fired in self-defense when her husband attacked
her. The jury deliberated fir many hours, finally returning with a not guilty
verdict. Mrs. Leeney, beaming, said: “I just know it couldn’t be anything else.
I am going back home and start life all over again.”
The prosecutors in the case and afterward: “It is just the
same old story, it is almost impossible to convict a woman for killing her
husband. This jury, however, deliberated much longer than is unusual for juries
in such cases.”
~ A Few Members of the Majority Who Won Speedy Acquittals ~
Mrs. Rose Franks, alias Emerich, shot and killed her
common-law husband, Policeman Paul Emerich, in 1927. The state charged that
Emerich was shot while seated at the dining table. The defense denied this and
charged that Mrs. Franks fired because Emerich abused her. When both sides had
concluded the jury retired. Fifteen minutes later later the jurors returned
with a verdict of not guilty.
Another quick verdict of not guilty was returned by the jury
which heard the case of Mrs. Bertha Hellman, who in 1926 shot and killed her
husband, Herman. Her defense was that her husband and attacked her with a
butcher knife. She choked him to death. The jury found her not guilty in 27
minutes.
Mrs. Hellman did not typify the usual husband slayer. When she was preparing to leave the county
jail she said: “I’m sorry to leave. Everyone was so good to me, and I had plenty
of time to sew and make some nice things.”
Mrs. Lillian Schaede shot and killed her husband in 1926.
The bullet entered his back. In court Mrs. Schaede pleaded self-defense. A jury
of business men required only 13 minutes to reach a verdict of not guilty.
“I’m surely ticked at the verdict,” was Mrs. Schaede’s
comment as she walked from the courtroom a free woman.
A little unusual was the case of Katie Craft. She was
accused of the murder of Frank Falato, a 14-year-old boy. He had entered her
apartment to retrieve a ball. Mrs. Craft asserted the shooting was an accident
and that she had not intended to fire the gun. The jury agreed and acquitted
her.
Mrs. Mary Kuna, who stabbed her husband to death in 1925,
was worried when her trial opened. A plain woman, she had heard that juries
were only kind to young and pretty slayers. “I wonder if the jury will let me
go as they do pretty women?” she was heard to ask her daughter. The jury took
three ballots and Mrs. Kuna was freed.
The case of Mrs. Bernice Zalimas was full of sensations.
After her first trial she was found guilty of killing her husband with arsenic
and was sentenced to serve 14 years in prison. Then the Supreme court reversed
the verdict and ordered a new trial.
In the second trial a defense attorney, Eugene McCarthy,
asserted that he believed the amount of arsenic found in the victim’s vital organs
could not have caused his death. At the suggestion of a prosecutor McGarry then
took a dare to swallow some white powder alleged to be poison, an exhibit in
the trial. The courtroom was in an uproar a few minutes later when McGarry
collapsed, sobbing, but it developed that he had merely been overcome by his
own emotions.
~ Prosecutor Says Juries Today Are Growing More
“Hard-Boiled” ~
The next sensation occurred when the jury returned and
pronounced its verdict of not guilty. Mrs. Zalimas shrieked and ran forward to
the jury box. Wildly she embraced all of the jurors in the front row.
The latest murder case involving a woman is that of Mrs.
Blanche Dunkel. She has confessed hiring another woman, Evelyn Smith, to kill
Ervin Lang, Mrs. Dunkel’s son-in-law. Lang’s body, minus the legs, was found in
a Hammond swamp. The legs were found near by in a trunk.
“Juries are considerably more ‘hard boiled’ toward woman
slayers today than they have been in the past,” said Wilbert Crowley, first
assistant state’s attorney, who pointed to the fact that in recent months
convictions have exceeded acquittals.
Mr. Crowley’s statement, it might be pointed out, was made
prior to the night of July 24 last, when Mrs. Margaret Rose, comely 22-year-old
toe dancer, was acquitted of the murder of her husband, Walter, stabbed to
death with a butcher knife on July 4.
[Joseph Dugan, “Find Cook County Juries Kind to ‘Lady
Killers’ – Seven of Every Nine Women Tried for Murder Since 1906 Are
Acquitted,” Chicago Sunday Tribune (Il.), Jul. 28, 1935, Part 7, p. 5]
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[1184-9/9/18; 2314-8/13/21]
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For more on this topic, see Chivalry Justice Checklist & Links
[1184-9/9/18; 2314-8/13/21]
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