Majczek and Marcinkiewicz
Encyclopedia
Joseph Majczek and Theodore Marcinkiewicz were two men arrested and convicted of the murder of Chicago Traffic Police Officer William D. Lundy in November 1933. Some 11 years later in 1944, following the intervention of Chicago Times
reporter James McGuire, both men were exonerated of the crime.
The details of the case were used as the basis of the 1948 movie Call Northside 777
starring James Stewart
and Lee J. Cobb
.
: "$5,OOO REWARD FOR KILLERS OF OFFICER LUNDY ON DEC. 9, 1932. CALL GRO 1758, 12-7 P.M." The ad was brought to the attention of the city editor Karin Walsh, who assigned seasoned police reporter James McGuire to dig into the story further. McGuire researched the case and learned that Officer Lundy had been murdered on December 9, 1932 and that Joseph Majczek, 24, and Theodore Marcinkiewicz, 25, were convicted in 1933 at the Cook County
Superior Court
.
The convictions (which the Illinois Supreme Court had affirmed as People v. Majczek, 360 Ill. 261 (1935)) were based largely on the testimony of eyewitness Vera Walush. She was recorded as the proprietor of a "delicatessen" (a euphemism
for a speakeasy
) where the crime occurred. Though both defendants presented strong alibis based on a number of witnesses saying they were elsewhere when the crime took place, both were convicted.
Upon calling the number from the ad, McGuire reached Majczek's mother Tillie. McGuire realized there was potential for an human interest story developing when he learned that the $5,000 on offer had been earned by the mother scrubbing floors at the Commonwealth Edison Company. As McGuire did not write his own stories, it was left to rewriteman John J. McPhaul to write the leader copy based on McGuire notes for that day's paper, October 10.
when he learned that Majczek and Marcinkiewicz had not gone to the electric chair
for the officer's murder but got 99 years each at Joliet
. This might be evidence that the trial judge may have had concerns about their convictions.
On October 11, McPhaul read notes that Majczek had written in prison. In these Majczek stated that following his conviction, the trial judge, Charles P. Molthrop, told Majczek that he believed a miscarriage of justice had occurred and promised him a new trial. Additionally, Majczek stated that a certain James Zagata witnessed Molthrop's admission. Zagata was a witness to the murder and believed the wrong men had been convicted.
McPhaul was uncertain of the veracity of a judge having a private conversation with a convicted murderer - especially one convicted of killing a policeman. But no retrial had taken place as Judge Molthrop had died in 1935. McPhaul and McGuire now went in search of Zagata and located him, still employed as a coal truckdriver and very cooperative. Zagata fully corroborated Majczek's account of the conversation in Molthrop's chambers
.
Zagata had been presented with a police lineup
including Majczek but had been unable to positively identify Majczek. He restated this at the later trial. Subsequently, Zagata told the Times, he thought neither of the convicted men fitted his recollection of the killers. He was certain that the true killers had been much taller than the short-statured Majczek. Zagata also said that Judge Molthrop had requestioned him a few days after the verdict - the judge was particularly interested in Zagata's issues with the identification. Zagata recalled the judge saying he was going to get a retrial for the two men.
Cop killings often led to pressure for a conviction especially during the spiralling murder rate of the Prohibition-period
Chicago. The same week Officer Lundy had been killed, there were five other unsolved murders in Chicago.
. Vera Walush had initially been unable to identify the killer but after hours of interrogation she said one them could have been a man she knew only as Ted. Police believed this to be a local man Theodore Marcinkiewicz and he became a prime suspect
, but he could not be located. Two weeks after the crime a bootlegger
was arrested and in exchange for not being charged, told police that Marcinkiewicz had been staying with the Majczek family. The police raided the Majczek home on December 22, 1932, and though Marcinkiewicz wasn't there they took Joseph Majczek into custody.
Majczek asserted that Vera Walush had not identified him in two separate lineups on December 22, but by December 23 Walush was able to positively identify him. The police then wrote a false report stating that Majczek had been arrested on December 23, the day Walush had identified him. Walush later positively identified Marcinkiewicz when he surrendered on January 23, 1933.
for Majczek, ignoring the similarly situated Marcinkiewicz.
In addition to claims that Majczek appeared to have been framed, Butler also developed a substantial claim that Majczek's trial attorney, W.W. O'Brien, had performed incompetently. Key witnesses of dubious credibility provided damaging testimony against Marcinkiewicz. One of these, Bessie Barron, claimed Marcinkiewicz had told her was going to rob Walush's speakeasy. The other, Bruno Uginchus, testified that after the murder Marcinkiewicz said "had a he little trouble." Whilst neither of these statements related to Majczek, O'Brien failed to object to their admission. O'Brien also failed to cross examine Vera Walush on her initial inability to identify him. These issues had not been raised on appeal because O'Brien handled the appeal.
Green. However, Marcinkiewicz remained locked up. He was legally exonerated through a state habeas corpus
proceeding in 1950. Life magazine photographed Majczek, Marcinkiewicz and McGuire all leaving the jail house together.
Both men were later compensated by special appropriations — $24,000 for Majczek and $35,000 for Marcinkiewicz.
Majczek died in 1983 aged 73.
Chicago Times
The Chicago Times was a newspaper in Chicago from 1854 to 1895 when it merged with the Chicago Herald.The Times was founded in 1854, by James W. Sheahan, with the backing of Stephen Douglas, and was identified as a pro-slavery newspaper. In 1861, after the paper was purchased by Wilbur F...
reporter James McGuire, both men were exonerated of the crime.
The details of the case were used as the basis of the 1948 movie Call Northside 777
Call Northside 777
Call Northside 777 is a documentary-style film noir directed by Henry Hathaway. It is based on the true story of a Chicago reporter who proved that a man, who had been in prison for murder, was wrongly convicted 11 years before....
starring James Stewart
James Stewart
James Stewart was a Hollywood movie actor and USAF brigadier general.James Stewart may also refer to:-Noblemen:*James Stewart, 5th High Steward of Scotland*James Stewart, the Black Knight of Lorn James Stewart (1908–1997) was a Hollywood movie actor and USAF brigadier general.James Stewart...
and Lee J. Cobb
Lee J. Cobb
Lee J. Cobb was an American actor. He is best known for his performance in 12 Angry Men his Academy Award-nominated performance in On the Waterfront and one of his last films, The Exorcist...
.
Background
On October 10, 1944, a classified advertisement appeared in the Chicago TimesChicago Times
The Chicago Times was a newspaper in Chicago from 1854 to 1895 when it merged with the Chicago Herald.The Times was founded in 1854, by James W. Sheahan, with the backing of Stephen Douglas, and was identified as a pro-slavery newspaper. In 1861, after the paper was purchased by Wilbur F...
: "$5,OOO REWARD FOR KILLERS OF OFFICER LUNDY ON DEC. 9, 1932. CALL GRO 1758, 12-7 P.M." The ad was brought to the attention of the city editor Karin Walsh, who assigned seasoned police reporter James McGuire to dig into the story further. McGuire researched the case and learned that Officer Lundy had been murdered on December 9, 1932 and that Joseph Majczek, 24, and Theodore Marcinkiewicz, 25, were convicted in 1933 at the Cook County
Cook County, Illinois
Cook County is a county in the U.S. state of Illinois, with its county seat in Chicago. It is the second most populous county in the United States after Los Angeles County. The county has 5,194,675 residents, which is 40.5 percent of all Illinois residents. Cook County's population is larger than...
Superior Court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
.
The convictions (which the Illinois Supreme Court had affirmed as People v. Majczek, 360 Ill. 261 (1935)) were based largely on the testimony of eyewitness Vera Walush. She was recorded as the proprietor of a "delicatessen" (a euphemism
Euphemism
A euphemism is the substitution of a mild, inoffensive, relatively uncontroversial phrase for another more frank expression that might offend or otherwise suggest something unpleasant to the audience...
for a speakeasy
Speakeasy
A speakeasy, also called a blind pig or blind tiger, is an establishment that illegally sells alcoholic beverages. Such establishments came into prominence in the United States during the period known as Prohibition...
) where the crime occurred. Though both defendants presented strong alibis based on a number of witnesses saying they were elsewhere when the crime took place, both were convicted.
Upon calling the number from the ad, McGuire reached Majczek's mother Tillie. McGuire realized there was potential for an human interest story developing when he learned that the $5,000 on offer had been earned by the mother scrubbing floors at the Commonwealth Edison Company. As McGuire did not write his own stories, it was left to rewriteman John J. McPhaul to write the leader copy based on McGuire notes for that day's paper, October 10.
Criminal case
McGuire first suspected there may be a wrongful convictionMiscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
when he learned that Majczek and Marcinkiewicz had not gone to the electric chair
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
for the officer's murder but got 99 years each at Joliet
Stateville Correctional Center
Stateville Correctional Center is a maximum security state prison for men in Crest Hill, Illinois, USA.-History:Opened in 1925, Stateville was built to accommodate 1,506 inmates. Parts of the prison were designed according to the panopticon concept proposed by the British philosopher and prison...
. This might be evidence that the trial judge may have had concerns about their convictions.
On October 11, McPhaul read notes that Majczek had written in prison. In these Majczek stated that following his conviction, the trial judge, Charles P. Molthrop, told Majczek that he believed a miscarriage of justice had occurred and promised him a new trial. Additionally, Majczek stated that a certain James Zagata witnessed Molthrop's admission. Zagata was a witness to the murder and believed the wrong men had been convicted.
McPhaul was uncertain of the veracity of a judge having a private conversation with a convicted murderer - especially one convicted of killing a policeman. But no retrial had taken place as Judge Molthrop had died in 1935. McPhaul and McGuire now went in search of Zagata and located him, still employed as a coal truckdriver and very cooperative. Zagata fully corroborated Majczek's account of the conversation in Molthrop's chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
.
Zagata had been presented with a police lineup
Police lineup
A police lineup or identity parade is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial....
including Majczek but had been unable to positively identify Majczek. He restated this at the later trial. Subsequently, Zagata told the Times, he thought neither of the convicted men fitted his recollection of the killers. He was certain that the true killers had been much taller than the short-statured Majczek. Zagata also said that Judge Molthrop had requestioned him a few days after the verdict - the judge was particularly interested in Zagata's issues with the identification. Zagata recalled the judge saying he was going to get a retrial for the two men.
Prohibition and Politics
In the following days, the Times disclosed that Vera Walush, whose testimony had been the sole evidence against Majczek and the principal evidence against Marcinkiewicz, had initially not recognised either man during the police lineup. The paper also reported that Walush had been running a speakeasy and that she had been threatened with arrest if she refused to testify against Majczek and Marcinkiewicz. They also reported that the reason Judge Molthrop had failed to grant the defendants new trials was that he had been warned by prosecutors that granting a new trial would end his career in politics.Cop killings often led to pressure for a conviction especially during the spiralling murder rate of the Prohibition-period
Prohibition in the United States
Prohibition in the United States was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which...
Chicago. The same week Officer Lundy had been killed, there were five other unsolved murders in Chicago.
Coerced testimony
Further digging led McPhaul and McGuire to learn how Majczek and Marcinkiewicz had become suspectsSuspect
In the parlance of criminal justice, a suspect is a known person suspected of committing a crime.Police and reporters often incorrectly use the word suspect when referring to the...
. Vera Walush had initially been unable to identify the killer but after hours of interrogation she said one them could have been a man she knew only as Ted. Police believed this to be a local man Theodore Marcinkiewicz and he became a prime suspect
Prime suspect
A prime suspect is the person who is considered by the law enforcement agency investigating a crime to be the most likely suspect.There are various reasons a person may be considered a prime suspect...
, but he could not be located. Two weeks after the crime a bootlegger
Rum-running
Rum-running, also known as bootlegging, is the illegal business of transporting alcoholic beverages where such transportation is forbidden by law...
was arrested and in exchange for not being charged, told police that Marcinkiewicz had been staying with the Majczek family. The police raided the Majczek home on December 22, 1932, and though Marcinkiewicz wasn't there they took Joseph Majczek into custody.
Majczek asserted that Vera Walush had not identified him in two separate lineups on December 22, but by December 23 Walush was able to positively identify him. The police then wrote a false report stating that Majczek had been arrested on December 23, the day Walush had identified him. Walush later positively identified Marcinkiewicz when he surrendered on January 23, 1933.
Walker Butler
McGuire located the original arrest report, corroborating Majczek's contention that he had been arrested on December 22. When the State's Attorney's Office refused to reopen the case based on McGuire and McPhaul's new evidence, the Times hired well-known lawyer Walker Butler to seek a pardonPardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
for Majczek, ignoring the similarly situated Marcinkiewicz.
In addition to claims that Majczek appeared to have been framed, Butler also developed a substantial claim that Majczek's trial attorney, W.W. O'Brien, had performed incompetently. Key witnesses of dubious credibility provided damaging testimony against Marcinkiewicz. One of these, Bessie Barron, claimed Marcinkiewicz had told her was going to rob Walush's speakeasy. The other, Bruno Uginchus, testified that after the murder Marcinkiewicz said "had a he little trouble." Whilst neither of these statements related to Majczek, O'Brien failed to object to their admission. O'Brien also failed to cross examine Vera Walush on her initial inability to identify him. These issues had not been raised on appeal because O'Brien handled the appeal.
Exoneration
On August 15, 1945, Majczek received a full pardon based on innocence from Illinois GovernorGovernor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Green. However, Marcinkiewicz remained locked up. He was legally exonerated through a state habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
proceeding in 1950. Life magazine photographed Majczek, Marcinkiewicz and McGuire all leaving the jail house together.
Both men were later compensated by special appropriations — $24,000 for Majczek and $35,000 for Marcinkiewicz.
Majczek died in 1983 aged 73.
Further reading
Scotti Cohn, It Happened in Chicago (2009), Globe Pequot (ISBN-13: 978-0762750566)See also
- List of miscarriage of justice cases
- The Wrongful Convictions Project
- Victims of the State, summaries of over 950 wrongful U.S. convictions