The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-02-23
LAW VICTORIOUS N
Third BATTLE WITH
UNDERWORLD Chief
Jury Fixes Penalty at SO Years
for Each Of Three Factor
Kidnapers
DELIBERATED SIX HOURS
First Ballot Was for Convic.
ton; Some Wanted to Ap-
ply Death Penalty

Chicago, ED. 23.-(PHThe law, AZ
ter three trials, has put the finger
on Roger Touhy, one Of the last and
most notorious Of the dry era desper-
ADDE'S.
A jury convicted Touhy and two
others early Friday OF the abduction
OF John Jake the Barber) Factor,
and fixed the prison sentences Of all
three at 80 years. Those convicted
with him were Albert Kator and Gus
tav Schaefer-lesser fellows In q once
mighty combine against law and or
der.
With Fridays verdict. authorities
said. the last Of the gangs which dur
ing prohibition gave Chicago an un-
welcome reputation as q capital Of
crime, has been destroyed. Only
remnants OF the big shot" gangs re-
main. and their trail Is kept con-
stantly hot.
Al Capone, the original number
one public enemy" Is serving an IL
year federal prison sentence for tax
law violation. Others Of the consid-
cradle company of crime lords are
either In prison or dead by the hands
Of gangsters.
Jury Out Six Hours
Touhy, Kator and schaefer. In
shackles, heard the bad news"
shortly after midnight Friday when
q criminal court jury. after six hours
Of elaboration, returned its verdict.
A previous trial ended in q jury dis
agreement. Before that, in st. Paul.
Mimi, Touhy was acquitted of fed
eral charge OF kidnapping William
Hamm, Jr.
The conviction of the Touhy gang
SterS came after seven day trial.
The first ballot resulted In q unan-
imous verdict Of guilty. The second
was taken after arguments between
the jurors as to what the sentence
would be. One half Of them were re-
ported to have held out for the death
penalty. A second vote, however, n
suited In q unanimous verdict Of 80
years in prison.
The state had asked for the death
penalty "or at least 80 years" and un-
less the sentence Is made invalid by
q new trial or reversal by the SUI
preme court. the Touhy men will 60
to prison to remain for at least 80
years-the requested time before they
would be eligible for parole.
Hearing on motion for q new trial
is set for Saturday.
Luck Deserted Touhy
The luck which carried Roger
Touhy, the curly headed leader o!
the Touhy gang, through two other
kidnapping trials-went steadily from
bad to worse during the seven days
of his second trial.
The day before it opened two Touhy
followers were seized in Baltimore. In
the middle of the trial one of them
Isaac Costner, Tennessee bad man
who was imported for the kidnapping
confessed and implicated the others.
Next day another-Walter A. Hen
richsen-followed his example. and
admitted collecting the suitcase full
of cash-$7O,OOO in ten and 20 dollar
bills-which Factor paid for his re-
lease.
Touhy and Gustav Gloomy Gus
Sciaefer. two Of the defendants. were
captured in Elkhorn, Wis. after the
kidnapping. because they bumped over
q telephone pole with their car, and
so encountered the local police. Cost
ner-with Basil Banghart. another
still to 60 on trial for the kidnapping
was picked up In Baltimore because
he failed to leave his automobile tall
light on.
Guards were thrown about the
courtroom for the trial. and floora
above and below the courtroom were
patrolled as the jury deliberated
Touhy slipped far down In his chair
at the tllrv'S ueW0.