Charlie Birger. The Last Public Hanging in Illinois

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Charlie Birger. 1881-1928.

The hanging of Charlie Birger, April 19, 1928.

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Charles "Charlie" Birger (born Shachna Itzak Birger, February 5, 1881 – April 19, 1928) was an American bootlegger during the Prohibition period in southern Illinois.

Early life ~

Charles Birger was born to a Jewish family in the Russian Empire, and emigrated to the United States as a child with his parents. Birger and his family settled in St. Louis, where, aged eight, Charlie got a job as a news boy at the St. Louis Post-Dispatch newspaper. Later, Birger moved to the O'Fallon, Missouri, area, where he started work in a pool room.

On July 5, 1901, Birger enlisted in the United States Army and was assigned to Company G of the newly formed 13th Cavalry Regiment, then stationed in South Dakota. Birger was described as a good soldier and was honorably discharged on July 4, 1904, at Fort Meade, South Dakota. When he left the army, he became a cowboy. However, he eventually returned to Illinois, where he met his first wife, Edna, to whom a daughter was born.

Birger went on to marry multiple times, being married to Beatrice Bainbridge of Harrisburg Illinois in 1921. Later became a miner in the quickly expanding coal mining community of Harrisburg, later to become a keeper at one of the local saloons.

Bootlegger and gang leader ~

Following World War I, in 1919, the United States adopted national prohibition, which banned the sale, manufacture, and transportation of alcoholic beverages. Birger recognized this as a business opportunity, and in 1920 he joined forces with the Shelton Brothers.

The Shelton clan.

Birger initially based his operation in Harrisburg, southern Illinois. The law authorities in Saline County eventually persuaded him to leave, and he built a fortified speakeasy called Shady Rest just across the line in Williamson County. Shady Rest stood next to old Highway 13, halfway between Harrisburg and Marion. A small barbecue stand just off the highway served as the guard shack.

War with the Ku Klux Klan ~

Charlie Birger and the Shelton Brothers Gang fought for control of the coal fields of southern Illinois, but their attention was diverted by a common enemy. In the 1920s, the Ku Klux Klan supported national prohibition. Alcohol was regarded as an "un-American" vice practiced by White ethnic immigrants, many of whom were Roman Catholics and other religions. Many of these immigrants worked in the coal mines of southern Illinois, living mainly in very small towns while maintaining a very strong ethnic pride. Alcohol was a part of their life, and bootlegging came naturally to them.

Ku Klux Klan, (KKK). As long as their faces were hidden, they were never shy about being photographed.

In the spring of 1923, the Klan began organizing in Williamson County, holding meetings attended by more than 5000 people. The Klan drew its support from both the farming community and people in the larger towns, the latter mainly of Scotch-Irish origin and belonging to the Baptist and other traditional Protestant churches.

The Klan soon found a charismatic leader in Seth Glenn Young, a 58-year-old former federal law enforcement officer. Large mobs began going door to door, forcibly searching houses for alcohol. If alcohol was found, the occupants were taken to Klan "prisons". Federal authorities apparently had deputized the Klansmen to aid in the enforcement of Prohibition.

Seth Glenn Young.

Many elected public officials of Williamson County were viewed as being allies of the bootleggers, perhaps correctly. These elected public officials were driven from office and replaced by Klan members. The Illinois state government was either unable or unwilling to reestablish lawful authority.

On January 24, 1925, a shot was fired in the street in Herrin, Illinois. Deputy Sheriff Ora Thomas responded and walked into a cigar store, where he saw Klan leader Young. Thomas drew his pistol and shot Young twice. Young was able to shoot Thomas once before falling to the floor. Two of Young's companions, fellow Klansmen Edward Forbes and Omer Warren joined in the melee, and all four men were fatally wounded. The Klan held a public funeral for Young that was attended by more than 15,000 people.

Herrin, Illinois.

In April 1926, Charlie Birger and the Shelton Brothers joined forces to attack the remaining Klan leaders in Herrin, using Tommy guns and shotguns. The police were called repeatedly, but chose not to respond. Four Klansmen and two anti-Klansmen were killed in a shootout. The Klan buried its dead and the coroner ruled that their deaths were homicides "by parties unknown".

Thompson submachine gun.

Although the Klan's losses were not large, the Herrin attack broke the back of the local KKK. Lawfully elected local officials returned to their offices, and Birger and the Shelton Brothers went back into business.

War with the Shelton Brothers Gang ~

Birger regarded Harrisburg as his hometown. When a small shop was robbed, Birger publicly made good the owner's losses and the suspected thief was found shot dead a few days later. This incident coincided with the beginning of his war with the Shelton Brothers Gang, fought over control of bootlegging in the area.

By October 1926, the Birger and Shelton Gangs were in open conflict. Both gangs built "tanks"—trucks converted into makeshift armored vehicles from which they could shoot. The Shelton Gang even tried to bomb Shady Rest from the air. The dynamite they dropped missed. Many were killed during the war, and sometimes it was not clear which side they were on. Three deaths became important in ending Birger's own life.

The armored truck.

Joseph Adams was the mayor of West City, Illinois, a village near Benton. Birger learned that the Sheltons' tank was in Joe Adams' garage for repairs, and demanded the tank. When Adams failed to surrender it, Birger's men orchestrated a drive-by bombing, destroying Adams' front porch.

In December 1926, two men, Harry and Elmo Thomasson, appeared at Joe Adams' house, announcing that they "had a letter from Carl [Shelton]". They handed a letter to Adams, and as he started to read it, they drew their pistols and shot him dead.

The following month, the Shady Rest was destroyed by a series of large explosions and an ensuing fire. Four bodies (one a woman's) were found in the ruins, charred beyond recognition. This was widely seen as a decisive blow struck by the Sheltons.

The ruins of Shady Rest after the final explosion. The Sheltons tried to destroy the roadhouse several times, including by dropping bombs on the place from an airplane. This is the ONLY time that an aerial bombing has ever occurred on American soil.

At about the same time, Illinois state trooper Lory Price and his wife went missing. Price was widely believed to be associated with the Birger gang. He had been running a scam in which Birger stole cars and hid them until a reward was offered. Then the trooper pretended to find the cars and split the reward with Birger.

Doomed highway patrolman Lory Price and his wife, Ethel.

Hanging ~

In June 1927, Birger was arrested on a charge of ordering the contract killing of Mayor Joseph Adams. Birger allowed himself to be taken into custody without a fight. He had been arrested many times, and had always been released a few days later. He may not have realized that the trial was to take place in Franklin County, which his political allies did not control.

Birger and the two men who did the killing were convicted; however, only Birger was sentenced to hang. Birger objected that it was unfair he should receive the death penalty while the confessed trigger man was sentenced only to prison in return for his cooperation with investigators.

Nevertheless, Birger was hanged for the murder of Adams on April 19, 1928, at the Franklin County Jail in Benton. At Birger's request, he was accompanied to the gallows by a rabbi and wore a black hood rather than a white one, since he did not want to be mistaken for a Klansman. Charlie Birger was the second to last man to be executed in a public hanging in Illinois; Charles Shader was hanged six months later on October 10, 1928. Birger shook hands with the hangman, Philip Hanna (the "humane hangman"), and his final words were, "It's a beautiful world." (Local southern Illinois legend attests that Birger said "It's a beautiful day", in defiance, while the newspapers reported the remorseful "It's a beautiful world.")

Birger's place as a southern Illinois folk legend is recorded in John L. "Ox" Gwaltney's "Charlie Birger":

I heard of Charlie Birger way back when I was young

My daddy told me all about the day that Charlie hung.

I've heard so many stories, some of his ghastly deeds

Another tells how Charlie helped poor folks in their needs.

One said he was a kindly man who never told a lie

But when somebody crossed him, that man was sure to die

That Charlie had no Master you can tell from all the tales

He fought the system all the way, and stayed out of their jails

I've seen so many pictures, they're hanging on the walls

The pictures tell the story of Birger's rise and fall

And when they finally caught him he was sentenced to be hung

But they hadn't broke his spirit the day the trap was sprung

When the State had had its vengeance—When Charlie's life was done

It made one stop to wonder, Who had lost, and who had won.

John Lastle Gwaltney Southern Illinois Poetry (1985).

Charlie Birger is buried in Chesed Shel Emeth Cemetery in University City, Missouri, a suburb of St. Louis. His marker bears his birth name of Shachna Birger. His sister (Mrs. Rachel Shamsky) and one of his two daughters are buried nearby.

Birger's name entered the news again in 2006 when the granddaughter of the county sheriff who had supervised the execution sued the local historical museum in an attempt to regain possession of the noose used in the hanging.

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Charlie Birger and his men --- posing with their weapons (they were using Thompson machine-guns before mobsters in Chicago) outside of Shady Rest, his hideout, speakeasy and BBQ stand.

Charlie Birger and His Gang.

Carl Shelton.

Mugshot of Frank Buster Wortman from the St. Louis police dept. 1933.

In 2013 Jimmy Zuber holds one of the rifles his uncle Earl Shelton purchased for him and his cousins should they ever get the chance to kill their family nemesis Charlie Harris.

This Shady Rest was NOT in Hooterville.

One of the bombs dropped by the Sheltons from an airplane onto the Shady Rest Resort. This one failed to explode.

Booze-Running truck destroyed with gang's headquarters at Shady Rest, rendezvous of Charlie Birger's Gang, is shown near Marion, Illinois. Four bodies were found in ruins after battle.

The monument when it's standing.

Charlie Birger on the gallows outside of the Franklin County Jail in Benton, Illinois. Before he died, he looked at the hangman and said, “It’s a beautiful world.” They became his final words.

According to a 2013 story in The Southern, the location of the scaffolding used in the hanging has long been a mystery, but one that was solved with its discovery in a Grand Tower barn. The gallows were borrowed from Jackson County, and ended up in various storage places over the years, until they were eventually discovered in 2013 in a barn in Grand Tower, and donated to the Franklin County Historic Jail Museum.