History - Newark

Newark's 1928 Murder Mystery
By Carole Nary and John Zornow
Courier-Gazette, March 28, 2003  

Without a doubt, Newark in 1928 was the quintessential Norman Rockwell small town. Very prosperous, diverse industry, fine homes and schools, and lots of upper middle class. A new Perkins Elementary School built a couple of years before helped to ease overcrowding, and additions to Roosevelt and Lincoln schools were on the drawing boards. A terrible fire at the high school in Lyons a few years earlier had served as a warning to all that our three story high school building on Church Street was not all that safe, fire escape chute or not! All in all however, life was good in Newark.

The new Schine theatre had yet to be equipped with the new invention of sound, that had been available for about a year. One reason was the ban on Sunday movies. A third attempt by a petition driven vote to allow the showing of movies on the Sabbath would go down in defeat that month of March. The great new medium of radio was just taking hold and would give theatres a challenge.

A multi-page spread in the Newark Courier was run by the 13 retail merchants in Wayne County that sold the new Atwater-Kent Radio. A listing was even included mentioning the names of Newark folks who purchased a new radio. Everyone who was anyone had one. The Frank Warren family did not. They enjoyed the moving pictures.

On Tuesday evening, March 27, 1928 Frank and Edith Warren went to the Capitol Theatre to see the 9 p.m. showing of When A Man Loves, a silent film which starred John (The Great Profile) Barrymore and Delores Costello.

It was Wednesday, March 28, 1928. Three shots rang out in the early morning hours, apparently heard by no one. It wasn't until 5:30 a.m. when Mrs. Richard Hoff smelled smoke coming through her open bedroom window that authorities were alerted. Looking out her window, Mrs. Hoff noticed that fire was pouring out the bedroom windows of her neighbors, Mrs. and Mrs. Frank Warren, 400 West Miller Street. After the fire was extinguished, the bodies of Frank Warren, 42, and his wife Edith, also 42, were discovered, burned beyond recognition. Their son, Jackson Warren, age 13, was found in his adjoining bedroom which had been undamaged by the fire.

In fact, fireman Jack Utter, thinking the boy was overcome by smoke, had carried him to a window and down a ladder. Upon arrival at the Newark Hospital, he was pronounced dead, a bullet through his breast. Coroner Arthur Besemer, Dr. Edwin York, and Dr. Dwight Johnson performed autopsies at the Newark Hospital. Dr. S.F. Williams, dentist, verified the bodies by the dental work. X-ray pictures of the charred bodies were taken to determine the cause of death.

Dr. A.H. Hamilton, gun expert of Auburn, reported that all three had been shot by a .22 caliber automatic pistol. A bullet entered Mr. Warren's left eye and penetrated the posterior part of his brain. A bullet entered the right temple of Mrs. Warren and went to the left temple, where the bullet was located and removed. Death of the parents was instantaneous. The bullet in the son's body entered the left breast, went through the lungs, and exited the body, being found in his pajamas. He died of hemorrhage and shock.

A .22 caliber automatic pistol was found in the son's bed, having only three chambers of ten discharged. This is the setting for the triple murder mystery and fire, the cause of which remains unsolved to this day.

Who were the Warrens and what is known about them? Edith first captured my attention. She was not a charter member of Tuesday Club, but joined in 1913. She was secretary-treasurer in 1918, Assistant Guide in 1923, and Guide in 1924. Edith resigned in 1926, but was invited back in a year later when Mrs. Walter Hallagan resigned.

However, a year later, March 1928, Edith felt it necessary to again leave Tuesday Club. A note in the secretary's book for the March 13th meeting says, 'The last meeting and book auction was held at the home of Mrs. Warren. It was moved and seconded that the date of the luncheon be postponed one week, but our luncheon was not held on account of the tragic death of Mrs. Warren and her family one week later.' I assumed that perhaps the tragic death was an automobile accident.

Then one day as Carole Nary was looking through 'the box' she discovered this news clipping, 'The Newark Triple Slaying: Family of Wealth Wiped out with Bullets, Fire.'

Edith Jackson Warren was born on June 10, 1886 at South Lyons, the daughter of James and Alice Ridley Jackson. An accomplished musician, Edith was considered a belle and was the most sought-after girl in the village. She was valedictorian of her high school class in Newark, and graduated Phi Beta Kappa from Smith College.

She was an active member of the Methodist Church and Tuesday Club.

She was in the Daughters of the American Revolution, of which she was a charter member and director. News articles say she was regarded as one of the most brilliant and capable women in Newark, possessing unusual business insight, and at the time of her death was the general manager of the American Landscape School, a business interest begun by her husband.

Frank Stever Warren was born in Rochester on February 25, 1886, son of Emerson Warren of Chicago and Lettie Stever Warren of Newark. When Frank was about three, his father disappeared, never to be heard of again. At that time Emerson was involved in litigation over steam packing patents. Coincidentally, it was also the same time that Emerson's father Henry Warren was murdered.

A year later, his mother died and Frank went to live with his grandfather, Jacob Stever, in the large turreted house that he had built on West Miller Street, the best residential section in Newark at the time. Frank lived with Jacob until he entered business for himself.

He went through Newark schools, studied law, and engaged in insurance in Pittsburgh. Returning to Newark, he married Edith Jackson, his high school sweetheart, and opened an insurance office in Rochester. In 1916 he founded the American Landscape School with Leon Fisk and his wife as partners.

The correspondence school was a very profitable venture, expanding into a retail nursery business and landscape contracting. Becoming incorporated, Frederick Fortmiller took over a large interest in the company. In 1925, Frank Warren joined with John Fortmiller in an insurance business and also became a partner with Henry Rogers in the book and news business.

A year later, Rogers, Inc. was chartered with Mr. Warren as president. A fifth business adventure of Frank Warren's was the Arcadia Trailer Corporation that manufactured wooden radio cabinets. Frank was one of five directors.

Frank Warren was extremely active in the community, becoming the second president of the Chamber of Commerce serving two terms. He was the first president of the Newark Rotary Club, a member of the Methodist Church, the Elks, Masons, Moose, and the Damascus Temple in Rochester.

Jackson S. Warren, their son, was born December 14, 1914. He was in the eighth grade in the Washington School, a member of the Methodist Church, and a Boy Scout with two merit badges. At 13, Jackie was becoming an excellent pianist, an athlete, and a favorite of the girls.

The Warrens were known as 'the first family of Newark,' admired and respected by everyone who knew them - thus the shock and disbelief when their bodies were discovered in the early morning hours. Why had they been killed and who was responsible? Tuesday evening, Warren and his wife went to the movies. Afterward they stopped in at the office before returning home. These facts were verified by Mrs. Glenn Finch of Franklin Street who saw them leaving the motion picture theatre at 11 p.m.

Charles Bogart was working late in Hayden's Jewelry store and saw the Warrens cross the street to the bookstore of Rogers, Inc. It was not known exactly when they went home, but by the dishes in the kitchen, it is believed they had breakfast before retiring to bed. Son, Jackie had stayed home from a scout meeting that night and had gone to bed.

When the alarm was sounded, police, sheriff's deputies, firemen, and town officials all converged on the home. But they knew nothing more than the huge crowd that gathered outside on Miller Street. Robbery motives were disproved, as valuables were intact in a safe. Unfortunately, fireman's footprints all over the snow outdoors as they quickly erected ladders against the house, had eliminated any evidence of a possible intruder.

For some unknown reason, once the fire was extinguished, firemen threw everything in the charred bedroom out the window, thus again destroying important clue sources. Fireman Jack Utter who discovered Jackie, noted he was lying on his back with the bedclothes drawn up to his neck, arms straight at his sides.

But once Jackie was carried down the ladder, sheets and blankets in his room were stripped and taken to Police Headquarters, each one shaken out. From one quilt dropped the .22 caliber Colt target automatic pistol, later identified by business associates as belonging to Frank Warren.

On Monday, April 2nd, five days after the tragedy, Captain John P. McDonald of Rochester and two homicide experts were asked by District Attorney Wilford Purchase (whose wife was a charter member of Tuesday Club) to take charge of the investigation as all the evidence Newark Police collected pointed to murder/suicide by son, Jackson.

Community outrage of this deduction caused Detective McDonald to reexamine over 100 witnesses and re-sift evidence for three days. He ended the investigation by reporting to Mayor Frank Baltzel. 'This was a terrible crime, one of the most baffling of my career. While I am extremely loath to add further distress to the citizens of the City of Newark, all the facts in the case point to a murder and suicide by some member of the Warren family. Furthermore, I respectfully recommend the presentation of these facts to the coroner and grand jury of the County of Wayne.'

Coroner Arthur Besemer, responsible only to the New York State Governor, reviewed the evidence and five days later, on April 10, issued this verdict: 'Frank S. Warren and Edith Warren died from gunshot wounds from a .22 caliber bullet in the head. Said shot was fired by an unknown assailant; the cause of death was hemorrhage of the brain and shock; death was instantaneous and there is no positive evidence as to whether it was suicidal or homicidal. Jackson Warren came to his death from a gunshot wound in the left lung, from a .22 caliber bullet, said shot being fired by an unknown assailant. The cause of death was hemorrhage in the left lung and shock; and there is no positive evidence whether it was suicidal or homicidal.'

The citizens of Newark seemed to consider this decision fair and satisfactory while not directly accusing any member of the Warren family of murder.

Many citizens were outraged at the amount of tax dollars spent on this case. A May 19, 1928 paper says that the entire cost was $1,879.59, less than 1/3 of the rumored amount of $7000. The largest bill was from Dr. Hamilton of Auburn (the gun expert) and the others were from detectives and doctors making photos of the Warren home and the bodies.

What were the many theories proposed to solve this crime? Motive of robbery has already been discounted earlier. Even blood found on a downstairs curtain, evidence of a possible robber's entrance, was found to belong to firemen William Utter who had cut his head and Willard Glimpse who had cut his hand on the glass.

Two theories propose Frank Warren as the murderer who then took his own life. One possibility that he became insane from stock losses was not heavily believed as he was extremely shrewd and careful in speculation. The stocks in his portfolio showed little depreciation. Frank was also known as being a good loser, not letting problems keep him down for long. And to all appearances, he was in a very prosperous financial condition with his landscape school, book and stationery store, and insurance business.

A second theory more easily believed proposed that as Frank was very careless with firearms, he may have been handling the automatic pistol which some how discharged and killed Mrs. Warren. Driven insane with grief, he then killed Jack and after reentering the bedroom ended his own life. But ... the gun was found in Jack's bedclothes and autopsies showed Frank died instantaneously so again, this theory is not probable.

Edith Warren was also viewed as a possible murderer. Interrogation of Newark citizens revealed that intimate friends of the Warrens did know that several years earlier, Edith took Jackie and left her husband, living for a while in California. The separation was not permanent, with reconciliation in less than a year. Mrs. Warren returned, becoming active in her husband's businesses, especially the landscape school.

It was known that Mrs. Warren did not agree with her husband on certain business practices. Also, Frank loved a good time and expensive possessions. He was often away from home on business. These issues were the subject of many late-night discussions between the Warrens. Perhaps there was something in recent months that again angered Edith. She shot Frank first, and holding the gun to her right temple, committed suicide. A cigarette falling from Frank's hand would explain the fire. How did the gun get in Jackie's bed? Awakened by the smell of smoke, Jack entered his father's room, saw the bodies which were not yet destroyed, became insane and returning to his own room, shot himself. This possible theory seemed to hold much credence.

It was also easier to believe than the one proposed by sheriffs and Capt. McDonald that Jackie shot his parents and then committed suicide.

The community asked why a 13 year old, viewed as happy-go-lucky, would kill his parents.

It was a known fact that Jackie was left alone a lot. His parents were very active socially and both traveled for work. The theory is that resentment and sadness caused his young mind to become insane. When the Warrens returned from the theatre, he was awake and waiting. About 2 a.m., he entered his parents' room, killed them (it was a known fact he knew how to handle gun, bragging he was a better shot than his father) and accidentally or on purpose set the fire. Returning to his room, he lay awake until 5 a.m. and upon hearing the fire sirens and knowing discovery was near, he shot himself. Autopsy confirmed Jack was shot 15-30 minutes before discovery by the firemen.

But few Newark residents were able to believe that Jackie was capable of such deeds. A stronger possibility was that the parents quarreled, one shooting the other and then committing suicide, the fire beginning from one of the shots. Awakened by smoke, Jack ran to their room, horrified by what he found, returned to his room, drew the covers up to his chin, and shot himself.

Henry Wildhack, Vice President of the Chamber of Commerce, authorized all local places of business to be closed on April 2nd during the hour of the funeral, which was held at the First United Methodist Church. The entire building, including the Sunday School assembly room and the balcony was filled to capacity with several hundred outdoors.

Music for the service was by Charles Sergisson at the organ and the Masonic Chorus, directed by Bert Quance with Messrs. Hoover, Chittenden, Porter, Marble, Dunn, Palmatier, Robinson, Farrell, and Bond.

The pallbearers for Mrs. Warren were Charles Drake, Edward Beach, Paul Newton, Glen Finch, Leon Fisk, and A.N. Christy.

For Frank Warren, bearers were Henry Rogers, John Metcalf, Gordon Meyer, A.B. Chaffee, Ernest Fox, and Paul Fortmiller.

Bearers for Jackie were all Boy Scouts, John Peirson, Francis 'Bud' Darrow, Addison LeBoutillier, Peter Bohusz, Warren Thorne, and Eugene Bolles, Jr. (son of the Courier owner).

Nary phoned Bud Darrow and spoke with him. He said, 'Oh my goodness, I haven't thought about that terrible incident in years.' He said that he, Jackie, and Addison were great friends and called themselves the Three Musketeers. Bud's father, a fireman, phoned his mother before Bud left for school that morning. Her comment to Bud was, 'You won't be seeing Jack any more.' Bud felt Jackie definitely was not to blame, with the firemen actually responsible for the pistol in the bed sheets. He feels Mr. Warren wanted Edith to sell the landscape business and that she went crazy. When I questioned him about Jackie being left alone a lot and that being a motive, he said, 'Yes, that was true. Jack was alone a great deal. But he never expressed any resentment at this.'

An interview with Bruce Clark who lived on the corner of Nicholoy Street and was about 15 at the time, told an opposite viewpoint. Mr. Clark, who lives now at Wayne County Nursing Home, feels Jackie was definitely to blame. 'He was very much of a loner and there were no signs of a burglar. And his mother was a very strange woman.' Clark's father was a policeman and had asked the boy to back the big Packard car out of the garage onto Lily Street so the car would not burn. Bruce also remembers the firemen carrying Jackie down the ladder.

So there you have it, the Newark Murder Mystery. District Attorney Purchase retired from this investigation by announcing, 'Anyone who knew the deep love existing between Frank and Edith Warren and their boy, Jack, knows that none of them could have done this killing ... I never knew of the Warrens having enemies, but they surely must have had, and the person who killed them very evidently knew them and knew the house. I cannot imagine the motive.'

Research includes Tuesday Club secretarial minutes; Jeanne Frey, historian of the DAR; Donald Combes, historian of First United Methodist Church.

This probably is the last that will ever be written on Newark's murder mystery. Seventy-five years, a Great Depression and a World War have passed since Newark's insular environment was shaken by the still unsolved triple murder. No death-bed confessions, no further evidence, and only a handful of people, youngsters at the time of the event, are still alive to have memory of the tragedy. What went wrong with the investigation? Too much interference from village officials, destroyed and missing evidence, and the determination of a community to put closure on a tragic event as soon as possible.

Zornow adds: 'What if today's technology were available in 1928? Newark Police Chief Richard Bogan says photos show that an accelerant poured on Mr. and Mrs. Warren's bedding was the source of the fire. Determining the type of accelerant would be key in determining pre- or post-mortem evidence.'

Bogan said today's availability of trajectory and blood-spattering analysis would show whether the victims were shot in bed or were placed there after the crime was committed. And firefighters today are better aware of the importance of not disturbing evidence.

Bruce Clark, who backed the family Packard out of the garage during the fire, noticed that it was still warm. Another theory was that Frank Warren was despondent over money. When the estate was settled, it was valued at over $150,000, almost a million dollars in today's money. All clues led nowhere.

For days after the murder, Jack Warren's beloved dog 'Whiff' lay in the yard, perking up whenever a car turned the corner onto Lily St., still waiting for his family to return. What had the dog seen?

In a small town, death is real. Murder leaves a sense of shattered trust. Most unsolved murders are committed by strangers, whose motives are as strange as their methods.

'There is nothing so powerful as truth, and often nothing so strange.' -Daniel Webster

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