"The County Sheriff Was Arrested."

In November 1961, Kankakee County witnessed an unprecedented legal showdown when sitting Sheriff Carl McNutt was arrested inside the courthouse. Facing 13 grand jury indictments—ranging from official misconduct to a vice conspiracy—McNutt's refusal to resign triggered a historic constitutional standoff that forced the Illinois State Police to step in and supersede local authority.

In this episode of This One Time in Kankakee, host Jake LaMore delivers a measured, journalistic look at the trial, the legal technicalities that divided the community, and the ultimate resolution of the case. Based entirely on the archival research of the late local historian Jack Klasey and the Kankakee County Museum, we explore a gripping, rare chapter of Illinois legal history. Tune into the WVLI Podcast Network to hear the full story of the fall of Sheriff McNutt.

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The Voices You Trust, Beyond The Dial.

Transcript

SPEAKER_00 0:00

Support for this one time in Kankiki comes from Ravenspring Media, where method, media, and mindfulness create impact. From video production, photography, animation, and team building, Ravenspring Media creates compelling content that captures your brand's unique story in a strategic way. With over twenty years of visual storytelling experience, Ravenspring Media brings together creative expertise and a fresh perspective to every project they undertake. Begin your story today at ravenspringmedia.com. Support for this one time in Kankiki comes from the Kankiki Area YMCA. The Kankiki Area YMCA is more than just a gym. It's a movement of thousands of people making positive changes in their lives and their community. The YMCA is Kankiki's premier provider of family health and wellness. Become a Y member today at their location on Kennedy Drive in Kankakee or at K3YMCA.org. For youth development, for healthy living, for social responsibility, the Kankiki Area YMCA. This one time in Kankiki, the county sheriff was arrested. Welcome to this one time in Kankiki on the WV Podcast Network. I'm Jake Clamore. Today we take a look back at November 1961. It's a chapter in local history involving a significant legal standoff and a complex constitutional question regarding Kankiki County's highest law enforcement office. This episode is based on the archival documentation of the Kankikee County Museum, originally compiled by local historian Jack Clacy. The timeline begins on Friday afternoon, November 3rd, 1961. The person named in the warrant was Kankekee County Sheriff Carl McNutt. Because the situation involved arresting a sitting sheriff, the duty fell to a specific county official designated by Illinois law for such an overlap of authority, County Coroner Dr. Claire Sledge. Assisted by two Illinois state troopers, Dr. Sledge served Sheriff McNutt with an arrest warrant based on 13 separate grand jury indictments. The charges returned by the grand jury were diverse. Two indictments charged McNutt with official misconduct, alleging that he used jail prisoners as drivers on personal overnight trips to other states. Two additional indictments charged the sheriff with permitting the escape of prisoners, stating that two individuals had been released from jail before serving their full 30-day sentences. Eight indictments alleged the sheriff made unlawful financial claims for reimbursement on trips to various cities. And the final, 13th indictment, alleged a broader conspiracy.

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The conspiracy indictment alleged that Sheriff McNutt and six other defendants had conspired beginning in 1960 to keep disorderly houses in Pembroke Township and rural moments.

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The other co-defendants named in the paperwork were Aaron Greenley, Lee Caldwell, Joan Byrd, Rebecca Jackson, Teslar Gibbs, and Margaret Patton. Along with the 13 indictments, the grand jury recommended the sheriff voluntarily suspend himself from office until the charges were resolved. Sheriff McNutt declined, announcing that he would remain in office until the end of his term in December 1962. This created an unprecedented situation for local government. The Kakiki County Board of Supervisors sought a legal opinion on how to proceed with removing an elected official. On November 14th, state's attorney Edward Drolit advised the Board on the limits of their statutory power.

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Under state law, a county office cannot be declared vacant until the holder is officially convicted of a crime.

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Citing what he termed a breakdown in law and order, Drollit issued a formal 24-hour ultimatum to Sheriff McNutt on November 20th, giving him the opportunity to consider offering his resignation. Following McNutt's refusal, Drollett took the step of asking the state government to intervene, contacting Illinois State Police Superintendent William H. Morris.

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Superintendent Morris, I request that you assign me a sufficient number of officers on continuous call to supersede the local police authority to exercise full police power in Kankakee County in order that law and order may be enforced.

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Two days later, the local press reported that the request had been granted.

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The Journal, November 22nd, 1961. State police today were ordered to give all the aid needed to enforce law and order in Kankakee County. The newspaper observed that the assignment of state police to enforce the law in place of a sheriff is unprecedented in Illinois history.

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By December, the local judicial system faced its own logistical challenges. Three local circuit judges, Victor Cardosi of Kankakee, David Orham of Watseka, and James Bartley of Joliet, all disqualified themselves from the case. To avoid potential conflicts of interest, the court administrator of the Illinois Supreme Court assigned an outside official, Circuit Judge Albert O'Sullivan from Belvedere, to preside over the future proceedings. Judge O'Sullivan's first significant ruling came on January 3, 1962, when he denied motions by the defense to void the 12 indictments, naming only McNutt. However, two weeks later, on January 17th, Judge O'Sullivan ruled differently on the conspiracy indictment involving the other six defendants. McNutt's defense attorneys, led by Wayne Dyer, argued that the indictment was legally invalid because a conspiracy conviction carried a greater statutory penalty than the actual commission of the underlying crime itself. Judge O'Sullivan agreed with the defense and dismissed the conspiracy charge. After two days of testimony and closing arguments, the jury began its deliberations on Tuesday afternoon. Following eight hours of deliberation and 11 separate ballots, the jury returned a verdict of not guilty. McNutt's attorney, Wayne Dyer, provided a brief statement to the press on the courthouse steps.

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Yes, we are very happy about the verdict.

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The charges of which McNutt entered a guilty plea involved the use of jail inmates as drivers for overnight out-of-state trips. As a direct result of this plea, the state agreed to dismiss the remaining ten indictments. And on Wednesday, March 7th, Judge O'Sullivan announced the final sentence.

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McNutt was removed from office on the order of Judge Albert O'Sullivan. O'Sullivan also assessed a $1,000 fine.

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On the morning of March 21st, 1962, the Kankakee County Board of Supervisors held a special session to officially declare the office of sheriff vacant. To ensure continuity, the supervisors appointed Y. L. Marcott, a retired electrical contractor, to serve as acting sheriff until the expiration of McNutt's original elective term in December. Following his removal from office, Carl McNutt returned to private life. His name appeared in the local record one last time, less than three years later. On November 16th, 1964, the Kankakee Daily Journal published his obituary.

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Carl R. McNutt, 41 of Park Avenue, Bradley, died Sunday afternoon at his home following a lingering illness.

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He was buried in Mount Calvary Cemetery. The story of Carl McNutt remains a distinct chapter in the legal history of Kankiki County, an event that tested the boundaries of local authority, drew unprecedented state intervention, and ultimately resolved through the standard mechanics of the judicial system. We extend our sincere thanks to the Kankakee County Museum for preserving the records that made this episode possible. Located in Governor Small Memorial Park in Kankakee, the museum has been the steadfast keeper of our region's rich history since 1906. From their extensive historical and genealogical archives to their rotating exhibits and historic structures, the museum offers an invaluable window into the people and stories that define our community. We highly encourage our listeners to visit, support their work, and explore Kankiki's history firsthand. We also acknowledge the endearing work of the late Jack Clacy, whose dedication to documenting our local history ensures these narratives continue to be told. I'm your host, Jake Lamore. Thank you so much for listening. If you have a story to share, shoot me an email at Jake at Milner MediaPartners.com and finish this sentence for me. This one time in Kankakee.