The Head and Hands Murder

This case proved a bit difficult from the start. When I find a case to add to my list I generally will put the state in which it occurred, or country, although admittedly I purposely tend to try and stay away with cases from other countries due to the differences in laws. Sometimes I add a year or something else to help me do a search when I am ready. This case was listed in notes as “head and hands murder-Indiana-1930's.” I had based this on seeing a list of men executed in Indiana and the nickname given. So when I began my search I started with those parameters. I immediately kept finding things that referred to Kentucky and Ohio and very little it seemed about Indiana. After several attempts, and double checking things I was wanting to make sure I was finding the case I intended to find. In the end I discovered that everything I was finding was in fact all the same case.

On June 12, 1936 a Kentucky farmer found an axe and what was described as “bloody debris” on his land near a creek. A week later on June 19^th the headless, hand-less body of a man was found in a culvert about twenty miles from Carrollton Kentucky. Then on June 28^th (some records say 27^th, but I took this date from an appeal), three boys were out swimming in a late near Carrollton when they saw what appeared to be a box just a few feet underwater. When they lifted the box it appeared to be filled with concrete but that was not all. Protruding from the concrete was a hand. Scared, the boys dropped the box and notified the authorities. They began to believe that the three findings were connected.

In the meantime in the small unincorporated town of New Trenton in southeastern Indiana, about thirty miles from Cincinnati, residents were concerned that they had not seen Capt. Harry Miller. Miller was sixty-two years old and had lived with his mother and sister in Cincinnati Ohio until 1928 when he purchased a house and twenty-five acres of land in New Trenton. He had retired from the Cincinnati Fire Department after thirty years sometime around 1930. He had last been seen on June 11^th. By 1936 it seems that his mother had passed away and while he was engaged at the time of his disappearance, his only living relative was his sister, Flora, who still lived in Cincinnati. The Franklin County Sheriff had been contacted by his friends and when they, and Indiana State Police went to look at Miller's house they saw what they believed to be signs that a struggle had taken place. An “abandoned meal” indicated Miller was gone under suspicious circumstances. When Miller's friends heard of the body and body parts found in Kentucky they went to talk to authorities there. They identified the body as belonging to Miller based on a scar and other things. However, authorities could not go on their word apparently since they were not the “next of kin” and contacted Flora. Flora went to Carrollton accompanied by her chauffeur, Heber Hicks but she claimed the body was not that of her brother. In the end dental records were obtained and the body was positively identified as Harry Miller.

Harry's fiance', a nurse, told authorities that Harry and Flora had not been getting along as of late. According to the fiance' Flora often “badgered” Harry for money and he had begun talking of cutting her off. It is unclear if her statement, or whatever else may have contributed to the fact that on July 5, 1936 Flora Miller and Heber Hicks were arrested and charged in the murder of Harry Miller.

Almost immediately, Hicks confessed to hiring three men to murder Harry Miller. He had believed that if Harry Miller died his considerable wealth would pass on to Flora and “trickle down” to him. While no one ever came out and said that Heber and Flora were lovers it was said they were “very close.” In this confession he would exonerate Flora and she was released. So, how does a man who works for a woman who is being supported by her brother afford to pay hit men? Theory is that Harry Miller still had some stocks and bonds that he kept at the home his sister lived in and presumably while Hicks allegedly offered the men cash also it would be these stock certificates that they would ultimately receive.

Hicks himself already had long criminal history and it appears that it was no secret and Harry was not a fan of his. He had spent time in prison for the robbery and murder of a woman. He had shot her and cut off her fingers for rings on her hands. He was given a life sentence but had only served eleven years. At least this was the story anyway. Hicks would claim that the three other men he hired were his brother in law, Frank Williams, John Poholsky and William Kuhlman, all ex-convicts. Hicks' trial would begin on December 7, 1936. When the trial started it appears that only Poholsky had been apprehended but in a short time Williams and Kuhlman would both be found also. All three would testify against Hicks and confirm the story he gave at the time of his arrest.

The original story given was that Hicks had first approached Poholsky about the murder, although indications were that he did not tell Poholsky who the target would be. It was said that Hicks initially offered Poholsky $2,000 (there was no mention of certificates or bonds) and that the negotiated it to $5,000. However in an appeal it was said to have been $6,200. Williams and Kuhlman were each brought in later at separate times. Once everyone was together they began to plan the murder. The first attempt was made on May 28^th but when they arrived at Miller's home around nine that night he was not home. A second attempt was supposed to be made on June 4^th but Hicks failed to meet the other men. They then decided the best way to ensure Miller was home was to set up an appointment with him.

So, Hicks contacted Miller and told him that he had discovered some bootleg whiskey and that he should try it. Miller agreed and they planned to meet on June 11^th. Once at the house Hicks, Kuhlman and Williams went inside while Poholsky stayed in the car outside. Miller was a very large man and by all appearances none of the four perpetrators could have taken him out on their own. Too add to this Miller had spent his career being a firefighter, which would obviously have taken a lot of strength. Of course his age and the fact that he had not worked in several years would have made at least some difference I would imagine when it came to strength. While Miller was sampling the whiskey that the group had actually purchased on their way to his home Kuhlman hit him over the head with a led pipe. It seemed to do little more than knock Miller down and slightly stun him as he was back up and took off towards the door with the three men chasing him. Either Poholsky heard or saw the commotion and headed towards the front door. It was there on the front porch that Poholsky repeatedly hit Miller over the head with a pipe and the group believed Miller to be dead.

The group of men wrapped Miller's body up and put him in the back of the car they were driving. Hicks stayed behind to clean up the house a bit while the other men drove away and headed towards to an area in Kentucky where they planned to bury the body. Just as they were to cross the bridge into Kentucky Miller woke up. Poholsky struggled with him and Kuhlman pulled out a gun and shot Miller once “in the torso” and once in the head, finally killing him. Once they got to the area in which they planned to bury the body they discovered that the ground was not dirt, but rock, and there was no way to dig a hole. It was here that they decided dismember the body and encase the head and hands in concrete. The ax they used to dismember, as well as all the blood, and presumably body fluids were left behind. They then proceeded to dump the parts of the body in the places in which they were later found.

As I stated earlier Poholsky, Kuhlman and Williams all testified against Hicks at his trial. The court had entered Hicks' confession in the trial despite the defense arguing that it had been coerced and should have been thrown out. Some legal scholars have stated that it is likely that if this trial had been conducted in modern times the confession would have been thrown out, although I am unsure what their reasons for this would be. For me while yes, a legally obtained confession is important and keeping those obtained in illegal ways should be priority, it feels as if in this case it would not have mattered since three men seemed to tell the same story. Also, keep in mind that Hicks only heard what happened to the body from the other three men as he was still in New Trenton and then later back home in Cincinnati.

At his trial Hicks claimed that Flora Miller had been stealing from her brother and was forging his name on mortgage certificates. His claim was that she had in fact asked him to get rid Harry for her. He went on to say that Flora had offered him $25,000 and a “top lawyer” if he confessed and exonerated him. It was said that no one seemed to believe this story. I have assume that he was now telling this because Flora had allegedly failed to follow through with what he claims she had promised him.

Just how long the jury took to deliberate Hicks' fate seems to be in dispute. One source said they took four hours while another said it only took them fifteen minutes. On December 21, 1936 Heber Hicks was convicted of murder for the second time in his life but instead of a life sentence this time he was sentenced to death. The other three men all pleaded guilty on February 3, 1937, and strangely they all three also received the death penalty. I say “strangely” because generally the advantage of taking a plea prevents one from receiving the death penalty. In my opinion today they would have likely at the very most received life without parole considering they were preventing the state from having to conduct trials and they had all testified against Hicks.

Poholsky, Williams and Kuhlman were all executed in the electric chair on June 10, 1937 at Michigan City State Prison in Michigan City Indiana, where every execution in the state of Indiana has taken place. It was and has been the only time that three inmates were executed on the same day in Indiana. Hicks had several appeals and stays of executions but he was also executed in the electric chair on May 6, 1938.

Before I get into what went on to happen with Flora I want to point out some things that I saw in a 1937 appeal that Hicks had filed. It was stated that all of the perpetrators were indicted on five counts, although it was not specific on what all of those counts were. It should not be too difficult to figure out those counts though. Of course there was murder (which was consistently said to be the “3^rd count”), robbery, kidnapping, and dismemberment I would guess. I would think the fifth charge would have either had something to do with crossing state lines or something to do with the fact they had previous records but I could be wrong. The appeal stated that while Hicks was convicted on the “3^rd count” the three other pleaded guilty to the “3^rd count” indicating that the other charges either were dropped or not proven or... something. Another thing interesting in the appeal is that while everything else seemed specific that Kuhlman shot Miller twice inside the car this stated that when the head was found there was a bullet hole in the temple and another between the eyes, and it stated that Kuhlman had shot Miller “three or four times.”

When it comes to Flora, once again I found myself discussing a case in which a person is called “eccentric.” If you read my last blog post, about The Goat Castle Murder, I went into detail about the fact that in many cases recently, especially older ones I am finding this word being described about people who after further descriptions and information would be what we call a hoarder today. Keep in mind that even Hicks' 1937 appeal referred to Flora as this which may help us understand why Harry's fiance' stated the two siblings were having issues between each other. I would suspect that they had exasperated after the death of their mother although I could not find a record that stated when this happened.

It was said that Flora had once been an opera singer and that it was rumored that a failed romance had “sent her home to mother.” Now of course a failed romance would not have ended her career so it appears there was more going on than just that. Over time like other hoarders she also became a recluse. It was said that she “kept truckloads of marble, in hopes of one day using it to build a castle in the backyard.” Upon Harry's death Flora did in fact inherit his estate that was said to have been valued at $500,000. Today that would be over nine million dollars. It was said that after inheriting the estate she “grew increasingly odd as the years passed.” At some point she bought a twelve room house that she used simply as a warehouse for her things while she lived in an apartment in a hotel.

In March of 1954 the hotel manager called authorities. They claimed that Flora had not left her apartment in seven years and had threatened to shoot anyone who tried to enter her apartment. The police went inside and found piles and piles of food that she had apparently hoarded since World War II. She was declared by the courts to be mentally ill and her possessions were ordered to be auctioned. The auctioneer said it was “the most bizarre collection of stuff I have handled in many years.” Flora was put in a sanitarium where she died in 1962 at the age of 91.