Though Murder Has No Tongue (37 page)

N
OTES

1
. James Jessen Badal,
In the Wake of the Butcher: Cleveland's Torso Murders
(Kent, Ohio: Kent University Press, 2001).

2
. American Academy of Psychiatry and the Law, “About the Organization: What Is Forensic Psychiatry?”
AAPL Web site,
http://www.aapl.org/org.htm

3
. LAWriter, “2901.01 General Provisions Definitions,”
Ohio Laws and Rules,
section 2901.01(A)(14),
http://codes.ohio.gov/orc/2901.01
.

4
. American Psychiatric Association,
The Diagnostic and Statistical Manual of Mental Disorders,
4th ed. (Arlington, Va.: American Psychiatric Publishing, 2000), 685.

5
. Ibid., 706.

6
. Ibid., 197.

7
. M. Serdaru et al., “The Clinical Spectrum of Alcoholic Pellagra: A Retrospective Analysis of Twenty-two Cases Studied Pathologically,”
Brain
111.4 (1988): 829-42.

Appendix

C
HRONOLOGY AND
S
UMMARY OF
H
ISTORICAL
D
OCUMENTS
R
EGARDING
F
RANCIS
S
WEENEY
, M.D.

C
ATHLEEN
A. C
ERNY
, M.D.

T
he
following is my summary, arranged chronologically, of all the existing historical documents related to the life and death of Francis Sweeney, M.D. James Badal collected the documents and he was kind enough to share them with me. I've tried to indicate where each document came from or who authored it. I have also provided some direct quotes from this material. I have indicated that portions of the documents that were difficult to read are illegible. I used ellipses to indicate material left out of the summary because it was repetitive or unimportant. I used bold font to distinguish events not included in the historical documents, as in the dates of each torso victim discovery, for example. Unless otherwise indicated, all events take place in Cleveland, Ohio. When constructing their opinions, forensic psychiatrists use document summaries, which help organize the evidence and ensure that conclusions are well supported.

May 5, 1894 Frank Edward Sweeney born in Cleveland, Ohio. Mother: Delia O'Mara Father: Martin Sweeney.

1909 Father Martin Sweeney was committed to Sunny Acres Tuberculosis hospital.

June 12, 1923 Martin J. Sweeney dies at age 62. Cause of death: apoplexy.

Contributing factors: Psychosis with cerebral arteriosclerosis. Source: State of Ohio Department of Health, Division of Vital Statistics, Certificate of Death.

July 19, 1927 Frank E. Sweeney and Mary J. Sokol, age twenty-seven, were married by Rev. D. J. Sweeney.

October 31, 1928 Diploma for doctor of medicine issued to Francis E. Sweeney from St. Louis University.

November 28, 1928 Application by Francis E. Sweeney to the State of Ohio Medical Board for Examination for Certificate to Practice Medicine. The application indicates that Sweeney intends to live in Cleveland. Certificate is to be sent to St. Alexis Hospital in Cleveland. Physical description of applicant: white with a “ruddy” complexion, “auburn-grey” hair, “blue-gray” eyes, height 5', 10", weight 200 lbs.

December 1, 1933 Cuyahoga County Civil Appearance Docket No. 250, Statement of Proceedings, Inquest of Lunacy, in the Matter of Frank Sweeney. Judge Brewer, Dr. K. S. West and Dr. C. W. Stone: Complaint by Mary J. Sweeney filed and warrant to arrest issued.

December 2, 1933 Cuyahoga County Civil Appearance Docket No. 250, Statement of Proceedings, Inquest of Lunacy, in the Matter of Frank Sweeney. A complaint was filed by a citizen of the County alleging that one Frank Sweeney is insane. The case was heard by Judge Nelson J. Brewer. Drs. K. S. West and C. W. Stone testified. The Court committed Frank Sweeney to the Detention Hospital of the City of Cleveland.

December 7, 1933 Cuyahoga County Probate Court Inquest of Lunacy: Doctors Stone and West examined Frank Sweeney. They observed: “This patient was brought to probate court [illegible] had been drinking heavily, had become violent against [illegible] forgetful. Recommended for brief observation at D.H. [detention home].” “[illegible but presumably Francis Sweeney] said I have been drinking off and on for three [illegible] drinking when I was 19. I was in bed one time in [illegible] have been taking care of my work up to the last five days.”

January 3, 1934 Frank J. Sweeney was discharged to wife.

January 4, 1934 City Hospital Detention Report for the Honorable Nelson J.
Brewer. The first line of the report is illegible. “Frank J. Sweeney with the diagnosis of Dipsomania; peripheral neuritis (mild) [illegible] to the observation wards of Cleveland City Hospital on 12/3/33 [illegible] observation in the hospital the Staff came to the conclusion that this patient was [illegible] recommended for discharge. [Illegible] released to his wife on Jan. 3, 1934. The Wassermann reaction was negative.” Signature illegible.
The Wassermann test is a test for Syphilis.

January 12, 1934 Civil Appearance Docket No. 250, Statement of Proceedings, Inquest of Lunacy, in the Matter of Frank Sweeney, Judge Brewer, Dr. K. S. West and Dr. C. W. Stone: Complaint by Mary Sweeney filed.

January 12, 1934 State of Ohio, Cuyahoga County Probate Court: “Mary Sweeney . . . believes Frank Sweeney MD to be insane and in need of hospital care.” Remarks: “Discharged D.H. [detention home] Jan. 3, 1934. ‘Dipsomania' can't adjust still drinking to excess wife [illegible] further hospital care.”

Probate Court order to [illegible] Sulzmann [?] commanding him to arrest Frank Sweeney, MD for an examination as to his sanity.

January 23, 1934 Sweeney examined by Drs. Stone and West. “This patient was admitted to the Probate [illegible] Jan. [illegible], 1934 for alcoholism. He had previous admission on December 2nd, 1933, for the same cause and was sent to the City Hospital from which he was discharged on January 3, 1934. Since his first admission the patient has developed symptoms of a peripheral neuritis. On January 3rd his wife requested the patient's release.” The patient said: “My wife sent me in. I'd lie around and moan all night with these hands. The legs and feet are better but they still burn like a hot pad on them. I have not been drinking much, just enough to help me sleep. My wife doesn't know this is going to be a six or eight months affair.”

January 23, 1934 Complaint dismissed, patient discharged.

September 5, 1934 Frank LaGassie finds victim no. 0, The Lady of the Lake, near Euclid Beach Park.

September 11, 1934 Petition of Divorce and Support and Relief stamped 413785 was filed in the State of Ohio, In the Court of Common Pleas, Mary Josephine Sweeney vs. Dr. Frank Edward Sweeney: Plaintiff and the defendant were married in the city of Cleveland on the 2nd day of July 1927. There are two children of said marriage, James Anthony Sweeney age 3 years and
Francis Edward Sweeney age 5 years. “She says the defendant has been guilty of EXTREME CRUELTY in that he has upon many occasions absented himself from his home without the plaintiff knowing his whereabouts causing her great mental suffering. She further states that he has upon many occasions humiliated her before her friends and has been abusive to her and their children both physically and mentally. She further avers that the defendant has been guilty of gross neglect of duty in that he has failed to provide the necessities of life even though he has been well able to do so. Wherefore the plaintiff prays for divorce, custody of the minor children and restoration of her maiden name.”

Undated Petition Stamped 445238 State of Ohio In the Court of Common Pleas

Mary J. Sweeney vs. Francis Edward Sweeney: “Plaintiff says that the defendant, Francis Edward Sweeney, has been guilty of Gross Neglect of Duty and Extreme Cruelty toward this plaintiff, and of Habitual Drunkeness extending over a period of more than three years…The defendant became intoxicated almost continuously beginning about two years after his marriage to this plaintiff, and remained in that condition practically all of the time until his separation from this plaintiff, which occurred in September, 1934. Plaintiff states that the defendant is a physician and his practice has been entirely ruined by said habitual drunkenness and that he was compelled to take treatment at City Hospital for acute alcoholism, but that said condition was never cured but continued until the date of her separation from the defendant. . . . Plaintiff states that the defendant embarrassed and humiliated this plaintiff continuously during such period before third persons and in the later part of said period before their children. Plaintiff further states that the defendant has completely failed and neglected to support this plaintiff or their children since their separation and for several years previous thereto . . . defendant completely failed and neglected to perform any part of his marital duties toward this plaintiff or any part of his duties to their children for several years preceding the filing of this petition, but has compelled this plaintiff to support their children by her own labor . . .defendant is the holder of an adjusted compensation certificate issued by the United States Government for services in the military forces of the United States . . . there will be due and payable to the plaintiff on said certificate the sum of approximately $775 in the month of July or thereabouts in the year 1936. Plaintiff prays that during the pendency of this action said defendant, Francis Edward Sweeney be restrained from visiting, interfering with or molesting her, that she be allowed a reasonable sum for attorney's
fees in the prosecution of this action, that said defendant be restrained from collecting said money soon to become due on his adjusted compensation certificate, that defendant be restrained from spending or disposing of any part of said money until final hearing of this cause, and that upon final hearing the plaintiff be divorced from the said defendant, that she be restored to her maiden name of Mary J. Sokol, that she be allowed $500 as alimony for support of their children, and she prays that she be given the custody of the two children.” Signed by Carl G. [illegible] Attorney for Plaintiff.

Undated ANSWER Numbered 445238, State of Ohio In the Court of Common Pleas. Mary J. Sweeney vs. Francis Edward Sweeney. “Further by way of answer, Defendant denies each and every allegation contained in plaintiff's Petition except those herein expressly admitted to be true…defendant prays that plaintiff's Petition be dismissed.” Francis Sweeney was represented by Roman F. Gruber.

September 23, 1935 James Wagner and Peter Costura find victims no. 1 (Edward Andrassy) and no. 2 at the bottom of Jackass Hill in Kingsbury Run.

January 26, 1936 Victim no. 3 (Flo Polillo) is found behind Hart's Manufacturing on East
20
th Street.

February 7, 1936 Additional remains of victim no. 3 (Flo Polillo) are found behind vacant house on Orange Avenue.

May 19, 1936 Petition to the Court of Common Pleas (No 445238), State of Ohio Cuyahoga County, Mary J. Sweeney Plaintiff vs. Francis Edward Sweeney Defendant: Plaintiff alleges that the defendant, Francis Edward Sweeney, has been guilty of Gross Neglect of Duty and Extreme Cruelty toward this plaintiff, and of Habitual Drunkeness extending over a period of more than three years. “The defendant became intoxicated almost continually beginning about two years after his marriage [illegible] and remained in that condition practically all of the time until his separation from this plaintiff [illegible] in September 1934. Defendant is a physician and his practice was entirely ruined by said habitual drunkenness and that he was compelled to take treatment at City Hospital for acute alcoholism but that said condition was never cured but continued until the date of her separation from the defendant. The defendant embarrassed and humiliated the
plaintiff continuously during such period. . . . Defendant has completely failed and neglected to support this plaintiff or their children since their separation and for several years previous. Defendant has completely failed and neglected to perform any part of his marital duties toward her or any part of his duties to their children for several years preceding the filing of this petition but has compelled the plaintiff to support their children by her own labor. She has conducted herself as an affectionate, faithful and dutiful wife. . . . Plaintiff asks that Francis Sweeney be restrained from visiting, interfering with or molesting her during the pendency of this action. Mary Sweeney asked for a reasonable sum for attorney's fees and that Francis Sweeney be restrained from collecting his VA money until the final hearing. She requested restoration to her maiden name of Mary J. Sokol and $500 in alimony. Finally, she requested custody of the two children.”

Undated JOURNAL ENTRY Numbered 445238, State of Ohio In the Court of Common Pleas. Mary J. Sweeney vs. Francis Edward Sweeney. “The Court found the allegations of this Petition to be true and that the defendant has been guilty of Gross Neglect of Duty toward this plaintiff.” Divorce granted. Sweeney ordered to pay $5.00 per [illegible] per child to the plaintiff for their support.