THE KILLING OF OFFICER HOEFER

THE KILLING OF OFFICER HOEFER

By

NORMAN V. KELLY

For over two decades I have researched Peoria’s history, especially the seedy or bawdy side of my beloved hometown. I soon found that our history is driven by perpetual myth, half-truths and plain old bullshit handed down by our relatives and do-gooders. We have elements in town present and past that are simply ‘gangster fans,’ and we can thank them for a lot of phony information as well.

Personally I was immediately struck by how wonderfully organized Peoria was from the very beginning, and what a complete city we were way, way back in our history. After all, Peoria was not the only city that grew up along of the banks of the Illinois River, but we did it better than any other village, town or city. Of course our main ingredient for our phenomenal growth was booze and beer. The do-gooders tried to put a stop to that during Prohibition but their efforts failed. Truth is Peoria’s population increased more during that era than any other time in Peoria’s history.

This story of the murder of Special Police Officer Otto Hoefer took place in 1913. I thought that I would give you a brief idea what was going on here in town during that period of time. Our city was sixty-eight years old and as always was still on ‘the grow.’ Throughout our history we seemed to have attracted strong mayors, and the leaders of this great city worked hard to make life better for its citizens. It was now the era of Mayor Woodruff, who eventually would serve eleven terms for a total of twenty-four years. In between his terms we had a few weak mayors, but over-all they were strong leaders.

1913 found the greater Peoria area to have some 120,996 souls, with 89,429 of those folks within the city limits. We had 11 distilleries and one of them Clarke Brothers, said they were the largest distillery in the world. We also had at least 5 major breweries. Holt was here making a machine called the Caterpillar and Avery Company was making trucks and tractors. The railroads were huge here and life was good.

If you wanted a product Peoria was the place to come to shop. We also had theaters, live entertainment, 77 restaurants and plenty of hotels. Our downtown was a bustling, active place and people flocked here from all over the state and surrounding areas. Farmers had a ready market for everything they could grow or raise and they thrived. Friday and Saturday night in Peoria was the place to be and entertainment from moving pictures, vaudeville and other live entertainment played to packed houses. I read with great interest about all the businesses and products offered here in town…actually I marveled at it to tell you the truth.

Of course we had too many lawyers, 177 doctors and dentists, specializing in every kind of art known to mankind. Would you believe that we had at least 100 music teachers and 38 newspapers? Some weekly, or nothing more than newsletters, but they were here. We had 366 Notary Publics. Why? I was one myself at one time and I can tell you that I protected my seal with zeal. We had a dozen or so shoeshine parlors right downtown and 38 shoemakers. Well over a hundred churches, beautiful parks and waterways along with beautiful Grand View Drive and a river view that was breath taking indeed. About 10,000 kids were in school and Peoria was a proud, bawdy, lusty river town with a hometown flavor.

Want a cigar? We had dozens of retail places and 44 cigar makers in town. Gardeners… now who on earth would think we needed 78 gardeners in town? Hey, buddy need get a drink? Well in the city and vicinity we had 321 saloon, bars, taverns, dives, cabarets, call them what you might, we had them. Chickens, my God we had 155 poultry breeders and well over 400 grocery stores. Neighborhoods had virtually their own little shopping areas, and folks were kindly…friendly and loved their own ethnic foods.

Ninety percent of the folks here in Peoria in 1913 were born in America and we had a mix of all kinds of people. The folks here were hardworking, loyal Americans and they loved their old river city, believe me.

We had a lot of hotels downtown, some dumps, but a hotel like the Regis was absolutely regal. They boasted of a bath and telephone in every room, and steam heat provided comfort for the lucky guests. The story I am going to tell you centered around the Savoy Hotel at 310 Harrison Street. This hotel was owned by the Leisy Brothers Breweries in town and suffered a bit from its reputation. Local newspapers were quick to point out that “The Bridge Street and Harrison Street denizens frequented the place, and it was the center of criminal and prostitution activity.” You have to remember that in Peoria in this era, newspapers were extremely political and whatever administration was in power suffered the brunt of these attacks. By attacking the criminal element in town they indicated that the current administration was responsible for the crime. Woodruff was used to this and endured it over and over during his power days. And…so it was that Saturday morning there inside the Savoy Hotel on September 27, 1913. It was a little after eight in the morning when two old friends sat at the long bar in the hotel drinking champagne, laughing, arguing, kidding each other.

One of the men was William ‘Billy’ Schuster, the manager of the cabaret and bar area of the Savoy Hotel. He was also the manager of a place called Schuster’s over on Bridge Street. Leisy Brothers Breweries owned that place as well and employed Schuster as their manager of both places. Schuster was well known in town and the newspapers were quick to point to him as the man in charge of all the evilness that took place there around Bridge and Harrison Street. They offered no proof, but that never stopped them. After the murder I will tell you about two newspapers went on an all out frontal attack upon William Schuster until the clever coroner put them on the coroner’s jury.

By nine that morning the two men, one of whom was Special Police Officer Otto Hoefer, were pretty much intoxicated. Testimony would verify that but the witnesses insisted that both men knew what they were saying and doing.
By now the friendly arguments had given way to a few shouting matches, then friendly hugging, and then another eruption. Typical actions of intoxicated men would pretty much summarize their behavior.

What was Otto Hoefer doing there in the first place? Well, for starters he lived there. He’d moved into the Savoy Hotel in December of 1912 and was seen there at the hotel every day and knew virtually everyone in the downtown area. The bartender, Henry J. Lake stood behind the bar as far away from the two agitated men as he could once he’d served the third bottle of champagne to them. After all, Mr. Schuster was his boss, but he had no intention of mixing into their arguments. The other man was G.H. Coyner, a friend of both men, and a steady customer of the Savoy. He too shied away, giving knowing glances to Henry as the argument ebbed and flowed.

A little after nine a man that had stayed the night at the hotel, one B ‘Rosy’
Rosenthal, a dairyman was coming down the steps. He heard a ‘pop, like a cap pistol, then another and maybe two more.’ He stopped momentarily and walked on. Once downstairs he stepped into Schuster’s office to talk but found the place empty. A few moments later Mr. Lake and Mr. Schuster came inside and closed the door.
“Rosy, go in and see Hoefer, he had a gun in his hand.”
Before Mr. Rosenthal could utter a word, Schuster handed a .32 revolver to him. “Here, keep this.” The door closed and ‘Rosy’ was alone. He did not go in to see Hoefer, but did stick the gun in his pocket as he hurried out of the office to leave the hotel. Two officers stopped him, asked his name, and excused him. Mr. Rosenthal had business elsewhere and off he went with the murder weapon in his pocket. He did stop at a telephone before he raced off.

OTTO IS DEAD

Police were stationed outside the barroom as Detective Cash Darnell took charge of the murder scene. The lobby was filling up with the curious and one by one the local newspaper reporters shoved their way inside trying to get a look into the bar area. They questioned almost everyone they could get to but still had little or no information. Finally they got something to report as two officers came out of the bar area with William “Bill” Schuster between them. The crowd parted as the reporters shouted questions. The officers ignored the reporters, but Schuster said to one of them, “I can’t help my case by talking.” With that the crowd followed the officers and watched as they put their prisoner in the Black Maria and took off.

Coroner Elmer M. Eckard was the next big excitement as he got out of his black car and walked briskly through the crowd and into the bar area. There he met with and talked to the city detective as both men squatted to view the body of Officer Hoefer. Twenty minutes later the coroner prepared to leave when his attention was drawn to the double doors that had just been flung open. Coroner Eckard walked toward the man that had just been admitted.

“Is he gone, Elmer?”
“Yes, Henry, he died almost instantly.”

Henry Hoefer, the brother of the deceased man was no stranger to death and the coroner’s duties. He had been a partner in the Gauss mortuary and the Peoria County Coroner himself. Henry nodded and walked over to Hoefer. Henry kneeled down next to the body, putting his arm around the dead man’s shoulder. “I always feared something like this would happen…Otto would never let up.” He stood, the man that called me told me Schuster did the shooting is that true?” Detective Darnell answered. “It was him, Henry, he admitted it to me in front of two other officers. I had him arrested and got him out of here.” Henry nodded and looked around. He glanced at his brother’s revolver. “Did he get a shot off?”
“No, his gun’s fully loaded. Henry can you identify that billy club? Was that your brother’s?” Henry bent over and picked it up taking a rather long time before he placed it back on the floor. “No. Otto had a black jack, this one is nothing but steel covered with leather.”

THE INVESTIGATION

The Savoy Hotel was almost surrounded by the morbid curiosity seekers as the body of Officer Otto Hoefer was removed from the scene of his murder.
As the door of the black hearse was slammed shut people began to clear a path for the driver. Once the hearse left the people crowded back in together to stand again staring at the hotel entrance waiting for something…anything.

Inside Henry and the officers made their way up to Henry’s room. The place had been searched, no doubt about that. Carefully Henry went through all of Otto’s clothing in which he found a few dollar bills. “They were looking for something other than money,” he mumbled to Cash. “Did he carry a billfold, Henry?” He surely did and he had a small notebook that he was always writing in. He told me it contained the names of a lot of local crooks.” The two men searched thoroughly before they closed and sealed the door.
“Otto has a lock box over at the Home Savings, maybe his papers will tell us more.”

Detective Cash Darnell searched for two men that were said to have been an actual eyewitness to the shooting, and it was later in the afternoon when he finally took their statements. The two men stated without hesitation that Schuster had shot Hoefer but both men declared it was self-defense. Of course they were friends and employees of Schuster, but still, both men were precise and emphatic in their statements.

So before the day was out Detective Darnell and his men had pretty much wrapped up the investigation. The most irritating part of the entire investigation was one he knew he would be criticized for if he did not get to the bottom of it rather quickly. He knew the local newspapers and he dreaded the evening headlines. The truth is he had not found the weapon that Schuster had used to shoot Hoefer. He tried to talk to Schuster but was immediately turned away by State Senator John Daily, a very prominent attorney in town, and he knew that he would get no help from that end. He questioned everyone again and again about the gun and had done a thorough search, but still no gun. It was obvious to Darnell that someone had carried it off. It was also very obvious that there were sinister meanings to the search of Otto’s room. What were they looking for? Darnell felt it had something to do with Otto’s notebook…but what? The case appeared to be solved but there were many, many questions that had to be answered and he meant to do just exactly that. But first there would be the autopsy, the visitation, the funeral and the coroner’s inquest. He would see what he could develop from all that.

OFFICER HOEFER IS BURIED

Visitation was held at the Gauss Mortuary and for three hours there was a line moving steadily forward to pay its respects to Special Officer Otto Hoefer. The Reverend Doctor Carpenter of the First Universalist Church officiated. Many dignitaries attended and all of Hoefer’s friends milled about once they viewed the dead man’s remains. Outside they gathered and there was talk about revenging their old friend. Officers reported that there was talk of “some kind of mob action to take Schuster out of the detention hall in the city hall and lynch him.” As time went on the men gathered at a few local taverns and eventually they went home. The police were ever alert with additional guards on duty but the night passed peacefully enough.

The chief of police, Peoria’s treasurer and other city officials attended the funeral services. Eighteen rank and file officers were there as well as six officers who acted as pallbearers. Captain Gus Breymeir and Sgt. Gray were there and for all intents and purposes it appeared that the Peoria Police Department was burying one of its own, a police office that had been killed in the line of duty. It was noted that the usual floral arrangement offered by the police department was not among the many flowers. What did that mean? Also, as is customary when an officer is killed the black crepe paper that adorned the city hall was missing. So was he a police officer or not? Mayor Woodruff did not attend.

The next morning the mourners met at the railroad station and the six police pallbearers loaded the body of Otto on one of the freight cars and then boarded the train. The body was taken to Burlington, Iowa where it was buried in the family plot. The six police officers and some of the higher ranking officers boarded the train and escorted the body to Burlington where they also attended the funeral. Does that sound like a non-member of the police department to you? Also, listen to what Chief Rhodes has to say at the coroner’s inquest later in this story.

SO WHO WAS OTTO HOEFER?

The newspapers referred to Otto as a police officer, a special police officer and as a policeman. His occupation is listed as a policeman but was he really? I investigated this as thoroughly as possible and I can tell you that he was not ‘officially’ on the payroll of the City Of Peoria Police Department. Then what was he? I can tell you that he was one, a merchant policeman, two, he was a night watchman and three he was a bank guard for the Home Savings Bank in downtown Peoria, Illinois, and had been a law man for over twenty years.

Otto Hoefer’s father was the Peoria County Sheriff at one time and Otto himself ran on an independent ticket for sheriff once himself. He lost. At the time of his death he was preparing to go after his party’s nomination for sheriff and was seeking funds. He had moved to Peoria from Burlington in
1893, was married to Laura Spicknell who deserted him and ran off with another man in 1910. He had a large family but no children of his own. His brother Henry was at one time a coroner and was a prominent businessman in town, running the Gauss Mortuary.

Otto Hoefer was well known about town and always seemed to have money. He had a very special relationship with the police department, especially Chief Rhoades. In December 1912, Otto moved into a permanent room at the Savoy Hotel and there the mystery darkens. Many that knew him stated that he moved into the hotel to keep an eye on the criminal activities there and that he was doing it for the Peoria Police Department. The hotel had a pretty bad reputation and it was known as a fact that Otto talked to Chief Rhodes about the “criminals and thieves that were hanging about the hotel.” When we get to the inquests, I’ll show you what I mean. So that was the setting right after Special Officer Otto Hoefer’s funeral. The results of the autopsy and the preliminary investigation would be made public at the inquest.

STANDING ROOM ONLY

Over at the Peoria County Courthouse in the large Supervisor’s room the inquest over the body of Hoefer was held. Crowds formed early on and the press zeroed in on the event like it was a capital murder trial. For two days the local newspapers had attacked the Savoy Hotel and the criminal element there, which the newspapers said was led by William Schuster. The coroner read those newspapers and being a politician himself, he started his hearing off with a major surprise. He asked two of the editors and the dead man’s minister to be on the jury. By law these men were exempt because of their occupations, but they readily agreed to serve. Here are the men that were on that coroner’s jury:

Sam Shell, a miner, Ed Wissell, a barber, Doctor Carpenter, a minister, F. Dix, a journalist, F. Stowe, an editor and A. Gable, a local businessman.
The coroner knew that if the jury exonerated Schuster, the public could blame the jury…not him.

Deputies were ordered to close the doors leaving many folks out in the hallways listening to the open transoms. The coroner sat behind a small table next to a court reporter. The other two tables were crowded with George Shurtloff from the states attorney’s office, the sheriff, a secretary and at the other table was Henry Hoefer, attorney Nate Weiss and Harry Miller for the defense. Bill Schuster was not in attendance and would not be called as a witness.

The first witnesses were the three doctors that had performed the autopsy.
Dr. Burhans, Dr Major, and Dr. Weiss, a physician hired by Henry Hoefer to assist. Carefully Dr. Burhans pointed out the angle of the bullets that killed Hoefer, stating that the initial slug went into the dead man’s cheek striking the brain. Another two slugs tore into the lungs nicking the heart and liver. The doctor said that the first shot killed the officer and that the other two slugs were fired as he fell forward. A fourth slug was found in the wall.

Harry J. Lake the bartender, a reluctant witness at best, was called to the stand. He told the jury that Officer Hoefer and William Schuster had been drinking champagne since about eight in the morning. He had just served them the third bottle when the two men began to argue. Lake stated that they had argued before but in a more friendly nature. The arguments became more vocal and threats were made. Lake said he looked over and saw Hoefer pull his revolver and the next thing he heard were three or four shots. He told the jury that at that moment he raced from out from behind the bar and ran to the lobby. Next, G.H. Coyner, a friend of Schuster took the stand and pretty much verified what Lake said. Both witnesses stated that Hoefer had pulled his gun first and that Schuster shot in self-defense. Both admitted that they did not actually see the shooting. They heard the shots and ran like hell out of the bar.

Other minor witness testified as well as Henry Hoefer who told the personal story of his beloved brother, Otto Hoefer. The coroner declared a fifteen minute break announcing the next witness would be the chief of police. Most of the crowd stayed in their seats fearing the loss of their precious views. Once back in session Chief Rhodes took the stand.

The chief told the jury that on Friday he had talked to Otto Hoefer in front of city hall. “Otto told me that there were a few criminals hanging around the Savoy Hotel and that I should have them picked up.” The chief related that he had told Henry that he needed proof of that charge and pretty much dismissed the man. The chief stated that he got a call from Hoefer while he was working in his office. The chief said that Otto sounded like he was drunk. “Otto asked me if I had told anyone about the talk we had on the street and I told him no. He then said he wanted me to talk to Bill Schuster and I waited for him to come on the phone. I waited about three minutes but he never took the phone. I hung up,”

Dr. Carpenter: “Chief, does this Savoy Hotel stay open all night?”

Chief: “I don’t know anything about the place and have never been in there
and am unfamiliar with its conduct.”

Juror: Why did Hoefer call you?”

Chief: “He was at the Savoy with Schuster and he wanted me to tell Schuster that he did NOT tell me that there were criminals hanging around there. I did not want to get him in trouble so I as willing to tell Schuster that Otto did not mention criminals and the Savoy to me.”

Juror: “You didn’t get to tell Schuster that because he did not come to the phone…is that right?”

Chief: “Yes. I was rather vexed to have Otto tell me that and him having authority and not doing his duty.” I Said to him, ‘you are a police officer with authority. Why do you not send them in?”

After a few more questions the chief was excused. The door to the room was opened and a man dressed in bib overalls was led in by a deputy. The coroner motioned him forward to take a seat. Many people recognized C.E. “Rosy” Rosenthal, and his silly garb caused some laughter. With a dramatic flair “Rosy” handed a revolver to the coroner and then took a seat.

The witness explained how he happened to be in possession of the gun. The jury was interested in why he hadn’t turned it in before and the witness calmly said, “I was busy.”

Coroner: “ Why did Schuster give you the gun?”

Rosenthal: “Because I was there I guess, When he handed it to me he said ‘I just shot Hoefer.’”

The next witness was Detective Cash Darnell who launched into his investigation bringing the jury up to date. He told the jury he was perplexed over the missing gun and was relieved that it was now in the hands of the authorities.

Caprenter: “Why did you arrest Schuster?”

Cash: “Because he told me that he had shot Hoefer.”

Carpenter: “ Was there any information to indicate Hoefer had pulled his Billy club?”

Cash: “It was there at his side, but his brother, Henry Hoefer said that that was not his Billy club.”

There was some discussion, a delay, and then a merchant policeman who had been friends with Otto for years took the stand. His name was H.G. Pearson.

Coroner: Mr. Pearson you have known Otto Hoefer for many years?”

Pearson: “Yes I worked with him and knew him very well.”

Coroner: “You have a Billy club in your hand, have you seen that club before?”

Pearson: “Yes, sir, this club belonged to Officer Otto Hoefer.”

After a few more questions Pearson left the stand and Detective Cash Darnell resumed his seat.

Coroner: You searched Mr. Hoefer’s room is that right?”

Cash: “I did. His brother and a couple of my officers were with me.” He then went on to tell the jury that the room had been searched and that according to Henry some personal things including a notebook and the victim’s wallet were missing. That caused a lot of questioning and conjecture as the detective seemed to be hesitating in his answers. Finally he explained that some of the investigation was still pending and that he would rather not reveal some of his findings.

The Coroner called back to the stand Henry Hoefer. Henry was asked about the billfold and other personal things that had come up missing.

Coroner: “I understand that Otto had a safety deposit box over at the Home Savings, is that right Henry?

Henry: “He did, Mr. Coroner, and I am very anxious to get into it. I know for a fact that Otto kept a lot of notes on criminal activity and I hope to discover that notebook.”

That caught the newspapermen’s ears and the next day the talk surrounded the bank deposit box and that little notebook. Henry assured the press that that is why his brother’s room was searched. He also feared publicly that someone had already taken the notebook and the rest of his brother’s notes. He told the press that his brother always carried a lot of cash and that was probably gone with the missing billfold.

THE JURY REACHES A DECISION

By four o’clock the coroner had pretty much exhausted his moments in the spotlight and charged the jury. It took a little over an hour, which included a late lunch for the jurors before the six men reached a decision. Folks in town knew that no jury was going to come in unless they had their coffee or their lunch, so it was no surprise to Peorians that the verdict took some time. Folks about town also knew that William Schuster had some influential friends, and it would not surprise them if they let him off completely. Talk was that from the tone of the cops that had testified, especially the chief, letting him off on self-defense would be just about what they would expect. Of course, this was not the murder trial, so they all took a wait and see attitude.

Once the word spread, the press was in their seats, the coroner looked around and nodded. The deputies closed the doors.

“Mr. Foreman, I understand that you have reached a verdict in the inquest over the body of Otto Hoefer.”

“We have Mr. Coroner.”
“Please read it for the record.”

“Otto Hoefer came to his death in the barroom of the Savoy Hotel
about the hour of 9:20 am, September 27, 1913 from wounds caused by bullets fired from a revolver in the hands of William ‘Bill’ Schuster.”
The verdict was signed by the foreman Dan Sholl.

That was it. The coroner called this an ‘open verdict.’ Folks in Peoria in 1913 called it ‘passing the buck.’ Today I suppose we would call it a cop out. Here these two hot shot newspapermen who had been ripping Schuster, the hotel and the police had a chance to do something themselves. What did they do? Well, their verdict meant that it was up to the state’s attorney to decide to prosecute or not. It was that simple.

Of course Henry Hoefer was outraged and he let them know it too. He then went to his own lawyer, they met with the state’s attorney and they let it be known that Henry would sign the murder warrant if the SA felt queasy as well. The ball was in another politician’s court.

WHAT’S IN THE BOX?

It was Henry Hoefer that was getting all the attention the next couple of days. He assured the press that the answers were in his brother’s deposit box. Henry boasted that as soon as he was named the administrator of his brother’s estate he would show the world that Otto did have evidence of criminal activity not only at the Savoy but other areas of downtown as well.

Mayor Woodruff had ordered the closing of the bar area of the Savoy and revoked the liquor license of Bill Schuster. That afternoon he accepted the Leisy Brother’s replacement of Schuster and asked that the bar area be allowed to reopen. Woodruff, acting as the liquor commissioner, but always the mayor, agreed. A man from Chicago who had been an assistant bar manager here in Peoria, Illinois, Frank Brown would now run both of Leisy’s places, The Savoy and Schusters.

Secrets Of The Underworld To Be Revealed? That was the small headline the local newspapers ran in various themes. Of course they were referring to the safety deposit box that had Peoria talking. Henry was now the administrator and when the box was opened it was a big let down. I guess we could relate it to that TV show of Al Capone’s empty vault. So that entire theme was quickly forgotten about. Henry was wrong about the Billy club, the safety box, perhaps he was wrong about the missing notebook as well.
The estate of Otto Hoefer was evaluated at the whopping sum of $500.00.
Peorian laughed at this figure since they were hoping for a massive fortune and exciting revelations in his papers. What they got was a big fat zero.

Henry, still milking the limelight stated, “There were personal papers in the box and their content will be revealed at the trial.” So the folks in town were getting a bit weary of this story and they also asked this question, ‘what trial?’

About the only change from all the hubbub was a new law on the books. It stated that from now on the woman that worked in these cabarets would now have to stay up on the stage. No more dancing through the crowds. Just a bit of a victory for the do-gooders, other than that it was business as usual.

SCHUSTER IS FREE

So since the inquest Bill’s lawyers were demanding a bond hearing or better yet a hearing on freeing their client. The state’s attorney was being urged to act as well, and there was tension in city hall. One afternoon the Leisy Brother’s put up a $5,000 bond and William “Bill” Schuster admitted slayer of Special Officer Otto Hoefer was released. He was not able to go back to his old jobs, but he was free.

The Harold-Transcript summed up the total of the events just in case the local folk missed anything. The editor stated that both men, Officer Hoefer and William Schuster were “disgracefully drunk.” The article went on to say that as far as the investigation has gone, the facts appear simple. Both men argued, they were intoxicated and Hoefer apparently went to attack Schuster and Schuster shot him. “The rest of the reams of paper written about these two has nothing to do with the facts. Now it is up to State’s Attorney McNemar to proceed. Henry Hoefer has already said he will sign the warrant and that is where the case is presently.”

SCHUSTER HELD FOR MURDER

There it was November 21, 1913 and the folks in Peoria read in all the local newspapers that Schuster was again behind bars. However, before the next day’s paper hit the curbs, Schuster was out on a $25,000.00 bond.
Mr. Edward C. Leisy and Peter Weast had signed the bond, which in the eyes of the court was as good as gold. So it looked like Peoria would have its murder trial and maybe another hanging?

Interest in the murder of Otto Hoeffer soared there for a week or so, but soon folks had their own lives to lead and except for family and close friends of Otto’s the entire matter had been forgotten. The killer was out on bond and most people assumed his lawyers would work something out and he end up with a slap on the wrist at most. Christmas came and went and the New Year rolled around. Then, suddenly there it was, the trial of William Schuster was scheduled for January 24, 1914. The trial calendar listed case #1720, The People vs William Schuster in Capital Court for the charge of murder. Now, finally, folks thought that Otto Hoefer would get some justice.

For the defense were Harry Miller and John Dailey, very competent lawyers indeed. Two assistants Scholes and Pratt would prosecute along with the state’s attorney himself. The sheriff’s office was busy serving the subpoenas and the newspapers were busy drumming up publicity. Three physicians, Major, Weil and Burhans, along with Rosengrant and Rosenthal were the first men served. Coyner, Wyman, Brown, and all the police officers that were involved in the case were next. The chief was also served along with Harry Lake and Henry Hoefer. So with everyone served, the jury was notified to appear and on January 24, 1914, with standing room only, the judge called his court to order and the long, tedious task of picking a jury began. Before lunch on January 26, 1914, the judge has his twelve jurors and right after lunch the opening arguments began. The murder trial of William “Bill” Schuster was underway. Most court observers felt that since the man admitted he shot Hoefer that the jury would certainly find him guilty of either murder in the first degree or at the least manslaughter.

Joe Weil took his seat at the defense table, remember him, he was the lawyer that Henry Hoefer hired to look after “the family’s interests.” He was planning on also making a closing statement on behalf of Otto Hoefer. The opening arguments were rather brief and the People opened its case by calling the physicians. Detail after detail of the autopsy, angle of bullets, blood loss and instant death were examined satisfying even the most ghoulish of the spectators. The cross examination of the physicians took up most of the morning.

A verbal battle broke out when the assistant state’s attorney presented a small envelope containing the three slugs that were dug out of the body of Otto Hoefer. The jury had to be taken out of the courtroom, but eventually all three slugs were marked as exhibits and admitted. The jury could look at them all they wanted. Strange, but not one woman was in the audience for this first day of trial.

Anyone who watches TV knows that there are little or no surprises in a murder trial. However, on the second day after a major battle, the judge allowed a ‘surprise witness’ to testify. His name was Chicago Jack Daly, a prize fighter from Chicago, Illinois. The defense objected a dozen times before his testimony was finally admitted. He told the jury that he knew for a fact that Hoefer hated Schuster and that in 1909 he saw Hoefer fire his pistol at Schuster, twice as a matter of fact.
“ I heard Otto say, ‘I will blow that Dutchman’s head off.’ “
That was sensational stuff, no wonder the defense went berserk, huh?

MORE OBJECTIONS

After A break things calmed down, well that is until the deceased man’s clothing was brought into the courtroom. Even before the State said one word the defense team was swarming over the bench. Again out went the jury and again Judge Worthington allowed the State to admit the clothing. Twenty-four times the defense objected and when the under clothing was presented even the judge stopped the proceedings. He later ruled that he admitted the clothing to show the bullet’s entry and that the jury would not be allowed to see the clothing in the jury room.

The other witnesses I mentioned before. Each and every one of them took the stand and pretty much testified as they did in the coroner’s inquest.
Rosy Rosenthal, the man that had been handed the murder weapon was probably the most interesting witness and he was drilled in cross-examination. Five witnesses stated that they had heard Hoefer threaten Schuster and things were not going well for the prosecution. To the surprise of no one, Schuster was going to testify on his behalf. The defense was anxious to get at this man, and the excitement among the jury and the spectators took a higher level.

SCHUSTER IS THE STAR

Calmly, almost nonchalantly William Schuster took the stand. Well-dressed, confident, he smiled at the jury as his lawyer gently took him through some of his life here in Peoria. Glancing at his lawyer, then at the jury, Schuster answered the questions put to him in a sincere and friendly manner. He told the jury of his relationship with Hoefer and stated that he held no grudges against the officer. He had allowed him to stay at the hotel, and that he considered Hoefer his friend. He stated that he was a bit afraid of him, and affirmed the 1909 shooting. He told the jury that he “had no choice,” but to fire his weapon because Hofer was going to kill him. It was dramatic indeed and his testimony kept the attention of both spectator and jury. The defense scribbled notes throughout the examination and appeared anxious to attack the witness on cross.

And…attack they did. For three hours they pounded away at him, but in the end the message was pretty much the same. William Schuster had shot and killed Special Officer Otto Hoefer in self-defense.

Once Schuster left the stand the case was virtually over. A few more unimportant witnesses were presented and both sides rested. The closing arguments were next and then the instructions to the jury and the fate of Schuster would be in the hands of the jury. It was an exhausting day and the spectators had a lot to tell the folks at home as they walked out of the courtroom.

CLOSING ARGUMENTS

States Attorney McNemar stood and walked up to a narrow podium and stood. The judge glanced around then banged his gavel once. “ Ready Mr. Prosecutor?” “Ready your honor.” The SA launched into what he felt the State had proved over the last few days. He summarized by saying that the murder of Otto Hoefer was a “cold-blooded murder, not self-defense.”
He did a magnificent job of telling the jury that Schuster should be held accountable and stated that the State was seeking the death penalty. “Special Officer Hoefer walked the streets of Peoria for twenty-six years as a police officer. This case demands the death penalty.”

Next was the closing argument of the defense. This was always an exciting time in a trial, but this crowd was in for a surprise. Mr. Harry Miller rose and walked over to the jury. “Your honor, the defense will present the case to the jury on its merits. We waive the right to a closing argument.”
With that Mr. Miller glanced over at Mr. Weil, Henry’s attorney and gave him a quick smile. It was obvious to insiders that the last thing the defense wanted was to have the jury hear what Mr. Weil had to say. There was a murmur among the folks in the courtroom, which the judge quickly stifled. Hell…the case was over.

THE VERDICT

There were eight inches of snow on the ground when the jury notified the bailiff that they had reached a verdict. A small group of people managed to get back to the courthouse, and not all of the defense or the prosecuting teams made it. The judge called his court to order and inquired of the foreman if the jury had reached a verdict.

“We have your honor.”
“Please read the jury’s verdict.”

“We the jury find the defendant William Schuster
NOT GUITLY.”

Schuster banged his hand on the desk then patted his lawyer’s shoulder as he rose to thank the jury. The judge warned him not to go near them until they left the box. He then shook hands, smiled as he walked over to get his coat. His wife raced up to him and the couple embraced.

Over at the jail, Schuster was cheered by the fifty prisoners behind bars as he yelled good-bye to them. A car met him out in front of the courthouse and accused killer Bill Schuster went home. That night hundreds of well-wishers had a huge party there at the Savoy Hotel. Special Officer Otto Hoefer would have loved to have attended that party because he rarely missed one that was held downtown. Unfortunately Otto was still in his grave.


SOME QUESTIONS TO BE ANSWERED

Was Otto Hoefer a police officer? He certainly was if we believe what the state’s attorney said in court. The SA reminded the jury that Hoefer had ‘walked the streets of Peoria for twenty-six years as a loyal, honest police officer.’ Why did Hoefer call the chief of police about the criminal element at the Savoy? Did the chief ‘assign’ him the duty of investigating those criminals? Remember what Chief Rhodes said ‘he was vexed over the thought that Hoefer did not use his authority as a police officer to bring in those suspected criminals.’ Two major officials in law enforcement, right here in the City of Peoria, said the man was a police officer.

Look at the funeral…hell a lot of cops were there and six of them acted as pallbearers and even went to Iowa for the funeral. He was buried in his dress blue uniform of a police officer, with police honors.

So what do you think? Was he a police officer? Did he deserve to be honored as an officer that had died in the line of duty? Should his name be engraved on the police monument here in Peoria, Illinois? If he deserves that then his name should be on the Illinois State Police Monument in Springfield, Illinois and on the National Police Monument in Washington, D.C. Our new police chief, echoing his predecessors tells the public at memorial services, that “These fallen officers will never be forgotten.”
Well, I proved that five of our officers who had died in the line of duty were forgotten. Their names have now been engraved on all three monuments. Does Officer Otto Hoefer deserve to be honored in the same manner?
Norman.kelly@sbcglobal.net 309-692=6587 Box 1282 61654-1282