Tag Archive for bizarre

The Man in the Attic

Oesterreich murder trial

For years Fred Oesterreich was convinced he was hearing strange noises in his house but was always reassured by his wife, Dolly, that it was either his imagination or just some frisky mice.
 
It was odd, Fred thought, considering that the unexplained bumps in the night had followed him and Dolly not only through four houses in Milwaukee, where Fred operated a large apron sewing company, but to three more in Los Angeles, where the Oesterreichs moved in 1918.
 
Fred was apparently neither a superstitious nor a very curious man, because while he may have grumbled about the noises and the occasional disappearing item or empty humidor, he did nothing about it.
 
Dolly, whose given name was Walburga, felt neglected most of the time because Fred was always at his factory. As bad as being spurned felt, Dolly often preferred the loneliness to Fred’s company as he was a drinking man who like to get violent with his women when he was besotted. In 1913, the Oesterreichs were a childless, very wealthy and quite unhappy couple about to celebrate their 15th anniversary when the events that would culminate in Fred’s killing a decade later began.
 
It started innocently enough in Milwaukee on an average day when Dolly told Fred that her sewing machine was broken. Fred sent over one of the factory mechanics, a young man named Otto Sanhuber, described later in the memoirs of Beverly Hills Chief of Police Clinton Anderson as “a rather small man in horn-rimmed glasses.”
 
Another reporter was more descriptive, although it is a safe bet that the writer was operating with a bit of poetic license: “Little Otto stood just a smidgen under five feet, had a receding chin, buggy eyes and suffered from a severe case of acne. More often than not, his nose dripped.”
 
As is typical in stories like this, Dolly was attracted to the naive 17-year-old and soon Dolly was teaching Otto skills beyond sewing machine repair. He became a regular sight around the Oesterreich property, fixing Dolly’s frequently broken machine and performing other chores around the place for Fred.
 
“He had been popular with Mr. Oesterreich, too, until he took a trip to St. Louis with Dolly,” wrote Anderson. “After that, Oesterreich ordered Otto to stay away from both his door and his Dolly.”
 
As far as Fred was concerned, when Otto vanished after the confrontation the matter was closed. He and Dolly resumed their gloomy relationship, moving several times throughout their time in Milwaukee.
 
Near the end of the Great War, Fred looked to the west and opened another apron factory in Los Angeles. In 1918 he and Dolly settled in Southern California, upsizing their living arrangements as the business expansion proved more and more successful.
 
Fred occasionally complained about the cost of living in Southern California, as his grocery bill jumped significantly after the couple’s move from the Midwest. Dolly simply shrugged her shoulders and dismissed it like she did with his grumbling over the noises that she said were either mice or a settling house.
 
In August 1922, Beverly Hills police were called to the Oesterreich home by neighbors after a series of gunshots and a woman’s scream cut through the night. There officers found Fred lying on the floor of his living room, dead from three shots of a .25 caliber automatic. The autopsy showed that the gun was fired at very close range.
 
“The expensively furnished room showed evidence of a fierce struggle,” Anderson wrote. “An open French window, with the screen unlatched, suggested that the murderer had left the house hurridly.”
 
Locked in a walk-in closet, with the key on the ground in another room, was Dolly. She told investigators that she was hanging clothes in the closet when she heard a fight downstairs. As she turned to investigate, the closet door was slammed shut and locked. She could not provide any description of the killer or killers.
 
Further investigation revealed that while the house was disturbed, nothing was missing except Fred’s diamond-studded watch. Police were also confused about why a burglar would carry such a small firearm, “a gun more likely to be found in a lady’s purse,” one newspaper account said. Equally curious were the accounts of neighbors that they heard the Oesterreichs involved in a heated argument when the couple returned from an evening out.
 
Dolly OesterreichRigorous interrogation of the newly widowed woman yielded no leads. She acknowledged that she and Fred fought — frequently and loudly — but denied she had anything to do with his murder. Over the next few weeks police ran down their few leads, concentrating on discovering any secrets in Dolly’s background. There were none. No one who knew the couple or was friendly with either Fred or Dolly could shed any light on the possibility of a love triangle turned deadly. They had a reputation for bickering in public, but were never violent when others were around.
 
With no weapon, their main person of interest with a pretty solid alibi, and no sign of a lover, police let the case percolate — hoping for something helpful would brew up.
 
The Fates intervened about a year later when Captain Herman Cline, a Beverly Hills cop, dropped in on Herman Shapiro, the attorney handling Fred’s $1 million estate, to go over the facts of the case one more time. On Shapiro’s desk Cline saw a glittering, diamond-studded wristwatch. Shapiro confirmed that Dolly had given him the watch.
 
“Shapiro remembered a diamond studded watch had been taken from slain Fred’s wrist,” wrote crime reporter Max Haines. “When he mentioned this to Walburga, she smiled and said she had been mistaken. She found the watch under a cushion in the living room and simply wanted Shapiro to have it as a gift.”
 
Chief Anderson recalled in his memoirs that Dolly “had not considered it important enough to bother the police about.”
 
Of course the newspapers trumpeted the development, which prompted two informants to come forward independently with even more damning evidence against Dolly. Each man had disposed of a small-caliber pistol at Dolly’s request, they both said. One of guns was later recovered from the La Brea Tar Pits, while the other was found beneath a rose bush at the man’s home.
 
Again, Dolly had a ready — if unbelievable — excuse: “She explained the guns were old things kept around the house for many years,” Anderson said. “She had decided to get rid of them because, under the circumstances of her husband’s death, their presence in her home might prove embarrassing.”
 
It proved much more than awkward for Dolly. Although the newspaper reports do not say whether either gun was the murder weapon, their mere existence was good enough for the cops. In July 1923, Dolly was arrested for killing her husband.
 
“The District Attorney’s investigators hacked away tirelessly at her story, but without success,” Anderson wrote. “After they had tested and discarded every possible theory which might link her to the crime, the murder complaint against the widow was dismissed.”
 
Seven years passed and the case was all but forgotten when the Beverly Hills police received a strange phone call from attorney Shapiro. He and Dolly had apparently had a falling out and the attorney decided to tell police what he knew about Fred’s death. The attorney announced that he had a client who wanted to confess to the killing.
 
Investigators hurried to Shapiro’s office where they were met by the attorney and his client, Otto Sanhuber. The story he told borders on the incredible, but savvy readers who have been keeping track of the clues probably have an idea just what happened that August night in 1922.
 
It began back in 1913 when the broken sewing machine helped ignite a passionate affair between the handyman and the boss’s wife. When Fred fired Otto after the trip to St. Louis, Dolly was not prepared to give up her lover. Instead, she secretly installed him in a living space beneath the rafters in the attic of her home.
 
The arrangement continued for 10 years, through seven moves, including one across the country.
 
“Sanhuber ticked off four attics in Milwaukee and three in Los Angeles in which he lived before the murder ended his rent-free existence,” Anderson wrote. “When the family moved to Los Angeles in 1918, Otto had wanted to get out and join the army, but Mrs. Oesterreich wouldn’t hear of it.”
 
Sex and affection were the primary reason for the bizarre arrangement, but the relationship between Dolly and Otto evolved into something akin to a marriage.
 
“Through the years, every morning after the straight man of the house left for work among the aprons, Sanhuber would descend from his garret hideaway and help Mrs. Oesterreich with her housework,” according to one newspaper account. “At night he would steal back into his attic and read newspapers and magazines by candlelight until bedtime.”
 
One report — not confirmed in any other paper — said that Otto earned a small income by writing fiction for magazines: “To pass the time when he wasn’t performing at his specialty, Otto wrote adventure stories. Walburga typed them and sent them off to the pulps.” This should be taken with a grain of salt as the reporter also calls Dolly “a gorgeous woman with a figure that could wake a corpse,” and claims Fred was “filled with more holes than your average Swiss cheese” (The official account indicates Fred was struck three times).”
 
Occasionally Dolly would join him in his strange studio apartment.
 
Otto said that on the night of August 22, 1922 it was business as usual in the Oesterreich house, which meant an argument between the drunken Fred and his wife while Otto hid in the attic.
 
This night, however, would start violent and escalate into killing. In his confession Otto said he was listening to Dolly and Fred argue when Fred became physically abusive. Enraged to the point of irrationality, Otto burst from the attic and shot Fred to death.
 
Dolly immediately took command and set the stage to look like a burglary. She then told Otto to vanish.
 
In the ensuing years Dolly moved out of her mansion to a luxury apartment where she lived comfortably managing her investments. Otto finally moved out, married, and got a job as a janitor. Eventually, the guilt of his crime made him contact Shapiro.
 
Dolly was again arrested for her husband’s murder and jailed awaiting trial.
 
Otto went on trial first in 1930, and tried to back away from his strange confession without success. However, the case would hold one final twist.
 
The jury did not take long to convict Otto, but instead of finding him guilty of murder, he was convicted of manslaughter. At the time the statute of limitations on manslaughter was seven years and Fred’s killing occurred eight years before Otto’s trial. Otto’s attorney argued that he could not be convicted of manslaughter and thus could not be punished. The district attorney did not object and the judge ordered Otto freed.
 
Dolly went on trial several months later, defended by one of Hollywood’s elite attorneys, Jerry Geisler, who defended such notables as Errol Flynn (statutory rape), Busby Berkeley (murder), Benny (Bugsy) Siegel and Charlie Chaplin. Dolly took the stand in her own defense and put the blame all on Otto. The jury was unable to reach a verdict and a mistrial was declared. The DA opted not to try the case again.
 
After the trial Dolly and Otto went their separate ways (Otto’s wife had vowed to stay with him through thick and thin). She lived in luxury to the ripe old age of 75, dying in April 1961. She left her multimillion dollar estate to her business manager whom she married two weeks before her death.
 
Otto’s fate is unknown.

Suicide by Person or Persons Unknown

The Feely Family

The universe teaches us that most often the simplest explanation is the correct one. It does not always work out that way, but more often than not it does.
 
This philosophy, commonly known as Occam’s Razor, can be seen in murder investigations where detectives start by looking at those closest to the victim and working their way out in an ever-widening net.
 
So in 1936, when Pittsburgh police announced that the deaths of Eleanore Feely and her two young children came about as the result of a murder-suicide, most rational people who looked at the evidence scratched their heads in wonder at this official explanation.
 
On July 20, 1936 — the day after the Max Schmeling/Joe Louis fight where the German knocked down the Brown Bomber — another story featured just as prominently on a number of front pages: the discovery of Eleanore, 30, and her two children, Robert, 5, and Janice, 3, violently slain in the children’s playroom in their first-floor apartment. All had been attacked with an ice pick, but the actual cause of death in each murder was strangulation. The Feelys’ landlord discovered the family slain in their locked 7-room apartment, which was undisturbed.
 
Eleanore’s husband and the father of the children, Martin Feely, a professor of phys ed at the University of Pittsburgh, was at a boy’s summer camp in New Jersey about 320 miles away at the time and was quickly cleared of any involvement. Eleanore and the children were scheduled to join him in a few days.
 
The two children each suffered a stab wound to the left temple and were strangled, apparently with a tourniquet that was still wrapped around Eleanore’s neck. The killer had used a hammer to twist the tourniquet around her throat. A single thumbprint from what was assumed to be a man based on its size was found on the hammer, but there were no other fingerprints.
 
Eleanore also suffered a stab wound to her left temple but also had ice pick-inflicted wounds to her chest. There were no signs of sexual assault or robbery, which pushed police to look at other scenarios. The one they chose — and the semi-official explanation on the books to this day — was that Eleanore killed her children and then took her own life.
 
Detectives theorized that Eleanore, “nervous and distraught after nursing the boy through a serious attack of scarlet fever, strangled her two children with a rope, stabbed them with an ice pick, stabbed herself by throwing her body against the ice pick which she held handle first against the wall, and then strangled herself,” according to Lead Detective Samuel E. Wheeler.
 
“I have talked with physicians who claim it is perfectly possible for Mrs. Feely to have killed the children and herself,” Wheeler said.
 
There are many problems with this theory, not the least of which is that it is incredible and far-fetched. Regular readers of the Register know that truth is stranger than fiction, so we cannot discount the police theory out of hand. Detectives were presented with what was essentially a locked-room mystery without any visible clues and it appears that they gave up trying to solve the puzzle without expending much effort.
 
We must also content ourselves with the description of the crime scene that was featured in the press. There were no descriptions of any kind of blood spatter which might have led the cops to believe the murder-suicide angle was correct. In addition, no mention was made of any fingerprints on the ice pick. However, reporters were quick to point out the thumbprint on the hammer (which was later determined to have come from an investigator), so it is likely that neither Eleanore’s prints nor anyone else’s were on the pick.
 
As an example of how silly the police theory is, consider that Eleanore was right-handed, so it is not plausible that she would attempt to kill herself with an ice pick using her weaker hand. It is easy to accomplish, but a person who has just stabbed and strangled two children would be pretty much operating on autopilot in some sort of psychotic break, so it would be muscle memory, not calculated thought, that would determine how wounds were inflicted. A right-handed person will use their right hand in such a situation. The police theory also never explained how Eleanore managed to wipe her prints off the hammer after she was dead. On the other hand, the integrity of the crime scene appears to have been compromised considering that an investigator’s print was the only one found on the hammer.
 
We will not even discuss the absurd theory that she held the ice pick against the wall and ran into it several times before giving up and strangling herself.
 
Not surprisingly there were strong differences of opinion about Eleanore’s mental state. Her husband and other members of the family were adamant that Eleanore was of completely sound mind and would never even consider hurting her children or herself. They described her as “cultured and intellectual, a brilliant student in school at Springfield, Mass.,” where she met her future husband.
 
“I don’t know what the cause could have been,” said her grief-stricken husband. “But I’m sure she didn’t do it herself. I am positively convinced my family was murdered and I intend to push the investigation.”
 
Martin also stated that the hammer and ice pick were not his.
 
Pressed by the family, Mayor William N. McNair told Eleanore’s brothers, Robert and Richard Buckley, that the case “would not be dropped until a definite solution is found.”
 
Eleanore’s kin were not alone in thinking the official explanation was a crock. An investigator for the Coroner’s Office was convinced that someone else was responsible.
 
“John Artz, special coroner’s investigator, stuck doggedly to his theory that the three were victims of a cold-blooded killer who left no clues,” wrote the New Castle (Penn.) News.
 
“I don’t care what the police say,” he told reporters, “Someone — some ghoul — killed this mother and her children.”
 
During a 3-day coroner’s inquest in November 1936 the conflicting theories were aired before a jury, which rejected the murder-suicide theory in favor of criminal homicide by person or persons unknown.
 
This was little more than a moral victory for the survivors, as a coroner’s jury, like the grand jury, does not try cases. Essentially the jury’s verdict states who died, what manner of death (i.e., accident, suicide, homicide, natural, unknown.), when it happened, and where the death occurred. A finding of homicide by a coroner’s jury can lead to an investigation, but the police and prosecutor are not bound by the verdict and are free to pursue or not pursue an investigation. Usually this is seen when the jury returns a manner of death of unknown or when the facts in possession clearly indicate a mistake by the jury.
 
The Pittsburgh police grudgingly reopened the investigation, but with the head of detectives still convinced that Eleanore killed her children and herself, it was an investigation in name only. To them, the case was de facto solved.
 
In 1937, saying he was disgusted with the Pittsburgh police and hopeless of ever solving the case, Martin Feely quit his job at Pitt and moved back to Massachusetts.
 
The case remains open or closed depending on your point of view.