Roger Touhy (September 18, 1898 – December 16, 1959) was an Irish American mob boss and a bootlegger in Chicago during the time when alcohol was banned. He is best known for being accused by his rivals in Chicago organized crime of the fake 1933 kidnapping of John "Jake the Barber" Factor, a Jewish-American organized crime figure and associate of the Chicago Outfit. Factor was the brother of cosmetics manufacturer Max Factor Sr.
Despite many appeals and a ruling from a federal court that cleared him, Touhy remained in prison for 26 years until he was finally proven not guilty and released in November 1959. In retaliation for suing Tony Accardo, the acting boss, and other senior mob leaders, Touhy was killed in an alleged murder by the Chicago Outfit less than a month after his release.
Early life and career
Roger Touhy was born on September 18, 1898, at 822 S. Robey Street in Chicago, Illinois, to James A. Touhy and his wife, Mary (née Moroghan). James was an immigrant from County Sligo, Ireland. Roger was one of eight children, the youngest of six boys, with an older sister and a younger sister. It was uncommon for the Chicago Police Department at that time for a patrolman to be known for honesty and not easily influenced by others, but Patrolman James Touhy was also known for being strict and punishing his children harshly, which led to complaints from neighbors. Mary Touhy was a deeply religious Catholic who required her children to attend Mass with her.
The Touhy family lived near Polk Street and South Damen Avenue on Chicago's Near West Side. Roger initially attended local public schools in Chicago. In 1908, Mary Touhy died after a kitchen stove exploded and started a fire. After her death, James Touhy moved his family to Downers Grove, Illinois. The family was Roman Catholic, and Touhy served as an altar boy at their church. He attended St. Joseph Catholic School in Downers Grove, where he graduated from the sixth grade as the top student in his class.
All but one of Roger's brothers were involved in illegal activities. James Touhy Jr. was shot and killed by a police officer during an armed robbery in 1917. John Touhy was killed by members of the Chicago Outfit, a criminal group led by Al Capone, in 1927 while involved in bootlegging. Joe Touhy was killed by Victor Willert, a roadhouse owner, in 1929 after Touhy threatened his life for refusing to buy moonshine from the gang. Tommy "The Terrible" Touhy served six of a 12-year prison sentence at Indiana State Prison for robbing the L.S. Ayres & Co. department store in Indianapolis in 1924. After being released in 1930, he served 11 of a 23-year sentence for stealing $78,000 (equivalent to $1.94 million in 2025 dollars) from a U.S. Mail shipment at a train station in Milwaukee, Wisconsin, on January 3, 1933. Only Eddie Touhy, who worked as a bartender, avoided involvement in crime.
Roger began working full-time at age 13. His interest in ham radio helped him get a job as a telegrapher with Western Union, where he showed such skill that he was soon promoted to manager of the small office where he worked. He was fired in 1915 for supporting unionization efforts. Touhy later worked as a union organizer for the Commercial Telegraphers Union of America but found the job unstable. He joined the Order of Railroad Telegraphers, which allowed him to qualify for a well-paying job with the railroad. He obtained a position with the Denver and Rio Grande Railroad and moved to Colorado.
The United States entered World War I on April 6, 1917, and Touhy joined the U.S. Navy in 1918. He did not serve in combat; instead, the Navy assigned him to teach Morse code to officers at Harvard University near Boston, Massachusetts. The university had provided classroom space for the Navy, and Touhy taught there. For the rest of his life, Touhy claimed he taught at Harvard to impress others.
After leaving the Navy, Touhy traveled to Oklahoma with a friend from the Navy. He gave a petroleum engineer a bottle of bootleg corn whiskey in exchange for a few hours of instruction on petroleum engineering basics. Touhy pretended to know the subject and used his knowledge of corn whiskey to convince drilling rig workers and well mechanics to do his job. He saved $1,000 (equivalent to $18,600 in 2025 dollars) and began investing in oil leases with his Navy friend. After about a year in Oklahoma, Touhy earned $25,000 (equivalent to $500,000 in 2025 dollars). He returned to Chicago and married Clara, a 23-year-old telegraph operator, on April 22, 1922. They had met seven years earlier while both worked for Western Union.
Criminal involvement
After his marriage, Touhy worked at a legitimate job as an automobile salesman during the day and a taxicab driver at night. He earned $50,000 a year selling cars, which is equal to $900,000 in 2025 dollars. In 1927, Touhy started a legitimate trucking business with his brothers, Eddie and Tommy. That same year, Touhy’s first son, Roger Scott Touhy, was born. He also moved his family to Des Plaines, Illinois, a suburb of Chicago. At the time, Des Plaines was a rural area, and the family lived in a large home on a farm near Maryville Academy on River Road.
Touhy said he began making illegal alcohol, or bootlegging, soon after starting his trucking business. Later, he joined forces with bootlegger Matt Kolb, who owned a saloon near Touhy’s car dealership. Kolb had once worked for Al Capone’s Chicago Outfit but left because the group became more violent. Touhy invested $10,000 (equal to $200,000 in 2025 dollars) to become a partner with Kolb.
Touhy’s bootlegging business grew quickly. He and Kolb built 10 illegal breweries northwest of Chicago and a wooden barrel factory in Schiller Park to transport their goods. Touhy bought oil trucks and painted them to look like Texaco vehicles to hide his alcohol deliveries. He even hired off-duty police officers to drive the trucks to avoid being caught. Unlike other bootleggers, Touhy and Kolb worked with a chemist to make high-quality beer.
Demand for Touhy’s beer was very high. He and Kolb sold their illegal alcohol to 200 bars, nightclubs, and roadhouses in the area around Chicago. They sold 18,000 bottles of beer each week. During summer, when beer sales were highest, they sold 1,000 barrels of beer weekly, earning a profit of $50.50 per barrel (equal to $936 in 2025 dollars).
In 1926, Touhy and Kolb also entered the illegal slot machine business. They placed hundreds of slot machines in drug stores, gas stations, and taverns in the area they controlled. That first year, they made $1 million from slot machines alone (equal to $18.2 million in 2025 dollars).
For several years, Touhy avoided problems with the law by becoming one of the best people in Chicago at resolving conflicts. Like other bootleggers, he paid large bribes to judges, police, and prosecutors. He also gave free shipments of his high-quality beer to officials, which was often more valuable than cash. He printed personalized labels for each person who received beer. Touhy also helped keep lower-level gangsters out of Des Plaines and prevented brothels from operating in the northwest and west suburbs of Chicago. He earned the respect of the local community by donating large amounts of beer to fundraising events and giving ice cream to hundreds of children each Sunday.
By the late 1920s, the Chicago Outfit ordered hundreds of barrels of beer weekly from Touhy and Kolb. At one point, Touhy sold Capone 800 barrels of beer weekly at a discounted price of $37.50 per barrel (equal to $695 in 2025 dollars), making a profit of 488 percent on each barrel.
Capone first tested Touhy’s strength by sending two Outfit members, Willie Heeney and Frank Rio, to meet with him. They told Touhy that Capone believed the northwestern suburbs were “virgin territory” for brothels, gambling, and taxi dance halls.
Touhy’s gang was small, so he used intimidation tactics. He filled his office with handguns and rifles, borrowed submachine guns from the police, and hired off-duty officers and farmers to stay near the building. During meetings with Heeney, armed men would enter the office and tell Touhy they were going to kill someone. Touhy would nod or mumble in agreement. He also arranged for a man to call his office regularly, and he would pretend to listen before ordering someone to be intimidated or killed. Touhy told Heeney he would not accept Capone’s offers and warned him to stay out of his territory. Heeney and Rio left believing Touhy’s gang was large, well-armed, and dangerous. Capone backed down, and Touhy earned the nickname “Touhy the Terrible.”
Later, Capone sent Louis “Little New York” Campagna and Jack “Machine Gun” McGurn to Touhy. They asked him to give up part of his business to the Chicago Outfit, but Touhy refused. He again pretended to be powerful, convincing them to leave.
Touhy then told local law enforcement and retailers about Capone’s interest in the western suburbs. He asked them to resist Capone’s attempts to sell low-quality beer or punchboards and promised to resist Capone as well. This strategy worked.
Capone tried to trap Touhy by sending Francis “Frank Diamond” Maritote, Sam “Golf Bag” Hunt, and Frank Rio to meet with him. Touhy pretended to host a party for his men at his roadhouse in Schiller Park but instead closed the roadhouse early and removed all alcohol. Police raided the premises that night, sent there by Capone.
Capone’s next trap involved sending Murray “The Camel” Humphreys to suggest an alliance. Touhy warned Humphreys that he would not meet with Capone’s men in Cicero, Illinois. When Humphreys threatened him, Touhy pointed a shotgun at him, intimidating him.
Capone’s final attempt to intimidate Touhy happened on March 4, 1931, when an Outfit member named Summers proposed bringing brothels, gambling, and taxi dance halls to the northwestern suburbs. Touhy bribed two of his men to take Summers to Capone’s Cotton Club in Cicero. There, the men encouraged Summers to fight Ralph Capone, who ran the club. Two federal agents at the club defended Ralph and were disarmed, but Touhy’s men kept their guns. Capone had to return the guns to the Treasury and contacted Touhy, who pretended not to know the men’s identities. Capone had already had Summers killed. Federal officials raided the Cotton Club on March 12 and 13, shutting it down.
Capone began pressuring Touhy in other ways, sending Outfit members to fight Touhy’s men in the western and northwestern suburbs.
On April 8, 1931, Anton Cermak became mayor of Chicago. Cermak had served as chair of the Cook County Board of Commissioners from 1923 to 1931.
Hamm kidnapping charge
Alvin Karpis, Fred Barker, and Fred’s mother moved to St. Paul, Minnesota, in late December 1931. There, Alvin and Fred created a new version of the Barker–Karpis gang. Jack Peifer, a local gangster and casino owner, provided the gang with a rented cottage in White Bear Lake, Minnesota, near St. Paul. Kidnapping had become a profitable activity for American gangsters in the past year. In 1933, 27 high-profile kidnappings occurred, more than double the number in 1932. Kidnapping was safer than bank robbery but just as profitable. In early June 1933, Peifer met with leaders of the Barker–Karpis gang and convinced them to kidnap William Hamm Jr., president of the Hamm’s Brewing Company and heir to the Hamm family fortune.
Peifer explained that the reason for kidnapping Hamm was the $100,000 ransom ($2.49 million in 2025 dollars) the gang could expect to collect. Some historians believe the Barker–Karpis gang was influenced into kidnapping Hamm so that another gang leader, Touhy, could be framed for the crime and removed as a competitor for the Chicago Outfit. Different sources suggest that the idea to frame Touhy may have come from Frank Nitti, head of the Outfit, or from Murray “The Camel” Humphreys, a criminal in the Outfit. Others suggest it may have been Tom Brown, a corrupt former police chief in St. Paul, or Chicago Police captain Daniel Gilbert. Historian Jay Nash says Peifer, Harry Sawyer, and Fred Goetz (also known as George “Shotgun” Ziegler), a Chicago Outfit assassin, may have jointly planned the idea. Historian Julie A. Thompson, however, attributes the plan only to Peifer.
The Barker–Karpis gang kidnapped Hamm shortly after 12:15 PM on June 15, 1933, as he walked from the brewery to his home in St. Paul. Four men helped Karpis and Barker: Arthur “Doc” Barker (Fred’s brother), Byron Bolton, Charles “Old Fitz” Fitzgerald, and Fred Goetz. Tom Brown, still a detective with the St. Paul police, informed the Barker–Karpis gang about FBI and police investigations into the kidnapping. The Hamm family paid the $100,000 ransom on June 17, and Hamm was freed at dawn on June 19.
Melvin Purvis was the FBI Special Agent in Charge of the investigation into the Hamm kidnapping. Purvis believed the Touhy gang committed the kidnapping. Purvis may have convinced himself of this, but it is also documented that Captain Daniel Gilbert told Purvis that the Chicago police had information that Touhy was responsible.
On June 30, gangster John “Jake the Barber” Factor disappeared. Factor was facing extradition to the United Kingdom for trial on charges of stock fraud. Factor planned the kidnapping to avoid extradition, as American law enforcement would need to keep him in the U.S. during legal proceedings. The British consul in the United States called the kidnapping a farce.
Factor’s disappearance was useful for the Outfit: Police could blame the kidnapping on Touhy, and Factor, an associate of the Outfit, could also accuse Touhy. Captain Gilbert told Purvis that he was convinced Touhy was responsible. Gilbert publicly accused Touhy of engineering Factor’s abduction on July 3 and repeated the claim to the press. Gilbert later said he had 25 law enforcement officers searching for Touhy after Factor’s kidnapping but could not find him. Factor reappeared on July 12, allegedly after a $70,000 ransom ($1.74 million in 2025 dollars) was paid. That same day, Gilbert’s men arrested two members of the Touhy gang for kidnapping Factor.
Unconcerned about Gilbert’s public statements, Touhy decided to go on a fishing trip in southern Wisconsin with Edward “Father Tom” McFadden, Gustave “Gloomy Gus” Schaefer, and Willie Sharkey. While returning to Chicago on July 19, Touhy’s car skidded off the road in rainy weather and struck a utility pole. Touhy reported the accident and tried to pay for the pole. Police found weapons in Touhy’s vehicle and arrested the four men on concealed weapons charges. Purvis traveled to Wisconsin and took Touhy and his associates to Minnesota without an extradition order.
The FBI claimed to have an “ironclad case” against Touhy. A taxi driver, Leo J. Allison, could not identify any of the four men as the person who paid him $2 to deliver a ransom note to the Hamm family. The four men were taken to Hamm’s brewery office in secret, but Hamm could not identify them as his kidnappers. Unable to link Touhy to the Factor kidnapping, the men were sent back to face weapons charges. Only then did Purvis claim he had four eyewitnesses connecting Touhy and his men to the Hamm kidnapping. Touhy could have sought a legal process called a writ of habeas corpus, as Purvis refused to provide the names of his eyewitnesses to a federal court. To prevent this, Purvis added a charge of conspiracy to kidnap and said he would keep adding charges to stop Touhy’s release. With little evidence, FBI agents beat Touhy and kept him awake to force a confession.
The federal court scheduled a hearing on Touhy’s motion for summary judgment on August 14. Federal agents made exaggerated and inaccurate claims to support their case. The FBI said it had investigated Touhy for two years and focused on him after the Federal Kidnapping Act was passed on June 22, 1932. Federal officials claimed Touhy had kidnapped people in Kansas City, Missouri; Denver, Colorado; and Minneapolis and St. Paul, Minnesota, and operated a large kidnap ring across the Midwest. The Justice Department said the case against Touhy was “ironclad.” FBI agents told the press that Touhy was a “callous killer” who led a “reign of terror” and had a gang of more than 100 criminals.
On August 8, the Justice Department convened a federal grand jury to hear evidence about an indictment against Touhy and the other three men for kidnapping, conspiracy, and interstate transportation of a person held for ransom. Testifying before the grand jury were officers from Elkhorn, the Walworth County sheriff, three Chicago police officers, and William Hamm. On August 12, 1933, all four men were indicted by the grand jury. A grand jury indictment did not require evidence to be shared with the defendants or the court, which blocked Touhy’s habeas
Factor kidnapping trial
On July 21, 1933, shortly after Touhy was arrested in Elkhorn, police secretly arranged a lineup with Touhy, McFadden, Schaeffer, and Sharkey. Jake Factor was brought in to identify them as his kidnappers. He could not recognize any of the men.
Factor later told police that his kidnappers demanded more money or they would kidnap him again. He agreed to let FBI agent Melvin Purvis tap his telephone. Purvis listened to several calls about the ransom. Purvis asked Factor to arrange a new payment, and the FBI planned a trap for anyone who arrived at the ransom drop site. On August 15, two undercover police officers in St. Paul delivered the ransom. Basil "The Owl" Banghart and Martin "Ice Wagon" O'Connor (also known as Charles Conners) arrived at the location. They realized it was a trap and tried to escape, even though over 300 FBI and local officers surrounded them and two planes circled above to track their car.
Law enforcement continued to build their case against Touhy as the Hamm kidnapping trial continued. On September 15, Chicago Police Capt. Dan Gilbert said several eyewitnesses saw three members of the Touhy gang hanging around the Dells Roadhouse, where Factor was kidnapped. On November 9, a grand jury charged Hugh Basil Banghart (also known as Larry Green), Charles "Ice Wagon" Conners (also known as Eugene Crotty), and August John Lamar (also known as Albert J. Kator, Louis La Mar) with participating in the Factor kidnapping. Banghart was captured in Baltimore, Maryland, on February 11. He was arrested with Isaac "Ike" Costner.
After Touhy was found not guilty in the Hamm kidnapping trial, federal authorities arrested Touhy, McFadden, Schaefer, and Sharkey for kidnapping Factor. Schaefer and Sharkey were also arrested for robbing the mail in Milwaukee in January 1933. Willie Sharkey, who acted strangely during the Hamm trial, committed suicide by hanging on November 30.
Touhy’s trial for the Factor kidnapping began on January 16, 1934. Thomas Courtney, Minnesota’s state attorney, convinced President Franklin D. Roosevelt not to deport Factor to help the case. The prosecution called six eyewitnesses who said they saw Touhy and his co-defendants kidnap Factor. Factor testified, claiming his blindfold had slipped and that Touhy was his kidnapper. Under questioning, Factor was reminded that he had not identified any of the four co-defendants in July 1933. He said he had been told not to by Capt. Daniel Gilbert. Touhy provided an alibi, with neighbors testifying he was on his front porch talking. The jury could not reach a decision, and a mistrial was declared on February 2, 1934.
A second trial began on February 13, 1934. Charges against Connors were dropped, and charges against McFadden were dismissed. Banghart and Costner were brought to Chicago to testify. Costner turned against the others and confirmed Factor’s claims. Banghart testified for the defense, saying Factor had asked him and others to fake the kidnapping to help Factor avoid deportation. Banghart said he was paid $50,000. Factor and others then accused Touhy and his gang of the kidnapping. A police officer who saw Factor shortly after he claimed to be free said Factor looked clean-shaven and well-dressed, even though Factor said he had not showered or shaved in nearly two weeks. The press reported that the judge and jury laughed at Banghart’s testimony, and Touhy’s defense lawyer seemed amused. The jury convicted Touhy and his co-defendants in four hours and took six hours to decide the punishment. They chose life in prison, with parole possible after 33 years.
Banghart was tried separately for the Factor kidnapping. He was convicted on March 13, 1934, and sentenced to 99 years in prison. The same day, Charles Connors was found murdered (allegedly by gang members) in the Forest Preserve area of Cook County, Illinois.
Incarceration
Touhy was imprisoned at Stateville Correctional Center in Illinois. He quickly filed an appeal. Over the next eight years, he used most of his money from his illegal alcohol business to pay for legal costs.
On October 9, 1942, Touhy and six other men escaped from Stateville prison. After one month, Touhy and the others were found living in a Chicago boarding house. Touhy and three others gave themselves up peacefully. The other two escapees tried to fight their way out and were killed. Touhy returned to Stateville on December 31, 1942, and was given an extra 199 years in prison for escaping.
In 1944, 20th Century Fox made a film based partly on Touhy's life, titled Roger Touhy, Gangster. The movie included many made-up details. Touhy won a lawsuit against the studio for spreading false information about him after six years, receiving $15,000. However, Fox was allowed to show the film in other countries without legal problems.
On August 9, 1954, Federal District Court Judge John Barnes ruled that Touhy should be set free. This decision followed an appeal Touhy started in 1948. The court found that Captain Gilbert had caused someone to lie in court, that Gilbert had hidden evidence showing Touhy was innocent, that a judge (now a state circuit judge) likely knew about the lies, that several Illinois prosecutors had acted improperly, and that it was widely known that a kidnapping had been faked. The state of Minnesota argued that Touhy had not completed all state appeals before filing his federal appeal. Touhy was released on August 10, 1954, but the U.S. Court of Appeals for the Seventh Circuit ordered him back to prison after 48 hours of freedom while the appeal continued. On August 30, the Seventh Circuit said Touhy should stay in prison until the state's appeal was fully reviewed. The U.S. Supreme Court did not accept Touhy's appeal on February 14, 1955, and did not grant his request for habeas corpus.
While the state's appeal was still ongoing, Governor William Stratton reduced Touhy's sentences on July 31, 1957. The 99-year sentence was cut to 72 years, and the 199-year sentence was reduced to three years. Touhy was released from prison on parole for the kidnapping charge on February 20, 1958. His three-year sentence for escaping began after his kidnapping parole. He became eligible for parole after serving one-third of the sentence and was released on November 12, 1959. Touhy left Stateville Prison on November 24, 1959, having spent exactly 25 years and nine months in prison. He lived with his sister, Ethel Alesia, at 125 N. Lotus Avenue in Chicago.
Touhy's autobiography, The Stolen Years, was published in the fall of 1959. John Factor sued Touhy for libel over statements in the book.
Death
On December 16, 1959, at 10:30 P.M., Touhy and Walter Miller, a retired Chicago police detective who worked as his bodyguard, were shot as they entered the Alesia house. Two or three men emerged from the shadows as Touhy and Miller walked up the steps to the front door. Miller told the men he was a police officer, and the men took out 12-gauge shotguns from under their coats. Touhy was shot in the left leg above the knee and in the right leg below the knee. Miller was shot three times in the arms and legs. Miller managed to pull out his revolver and fired five shots. Miller was taken to Loretto Hospital in very serious condition. Touhy was taken to St. Anne's Hospital, where he died one hour later on the operating table due to loss of blood. He received last rites a few minutes before he died. While being moved to an oxygen tent, he told medical and police bystanders, "I've been expecting it. The bastards never forget."
Clara Touhy and her son Thomas buried Roger Touhy in a quiet and private burial at Mount Carmel Cemetery in Hillside, Illinois, on Friday, December 18. No religious leaders or police were there.
Personal life
Roger Touhy said he had legal problems only twice before the Hamm kidnapping case. The first time was when he got a traffic ticket for speeding in Chicago. The second time was when a court in Florida found him guilty of firing a gun on his property.
On April 22, 1922, Roger and Clara Touhy married. Clara was 23 years old and worked as a telegraph operator. Some sources say her maiden name was Morgan or Disque. The couple’s first child died as an infant. They later had two sons: Roger Scott Touhy (1925–2006) and Thomas Touhy (born around 1927). Touhy said he helped his children go to college while he was in prison. One attended the University of Florida, and the other went to Stetson University. Both worked in construction for a time. By 1959, Thomas worked as a police officer and studied law. At the time of Touhy’s release from prison, his wife and sons lived in Forest Park, Illinois, using fake names.
At one time, Touhy owned a small farm and home in Des Plaines, Illinois, and a large property in Florida. While in prison, Touhy sued 20th Century Fox for $100,000 for saying false things about him in the movie Roger Touhy, Gangster. The case was settled without a trial, and Touhy received $15,000. However, when Touhy died, he had no property and only $35,000 in cash and some furniture in storage. Clara and her sons depended on possible money from Touhy’s autobiography for income.
Jake Factor’s lawsuit against Touhy for libel was dismissed because Touhy had died. Factor then sued Touhy’s autobiography co-author, Ray Brennan, and others for $4 million in January 1960. The result of that case is unknown.
In August 1961, Clara and Thomas Touhy filed a $2 million lawsuit against CBS for airing a program about Roger Touhy that included their names. The result of that case is also unknown.
In 1979, Roger Scott Touhy sued 20th Century Fox for breaking a 1949 agreement with his father, Roger Touhy. The son claimed the agreement prevented Fox from showing the movie Roger Touhy, Gangster in the United States. A court ruled in favor of 20th Century Fox.
Legal legacy
Roger Touhy started a legal case in a federal District Court against Ragen, the warden of Stateville Prison, claiming he was held in prison against his rights under the law. As part of this case, in 1949, he asked FBI agent George McSwain to provide documents showing that his kidnapping conviction was based on conspiracy and fraud. McSwain refused, because of rules from the Justice Department. Although the District Court said McSwain acted improperly by not following the request, the 7th Circuit Court of Appeals and the US Supreme Court disagreed, stating that McSwain's refusal was lawful. After this, the correct procedures for asking a federal agent to appear in court have been called Touhy regulations, Touhy letters, Touhy requests, or the Touhy process.