The following is a series of articles appearing in the Marion Daily Republican involving the murder of Cecil Jenkins in May 1970, one of a number of unsolved cold cases in Marion, Illinois.
Cecil Jenkins’ Body found in Strip Pit, May 15, 1970
A body recovered from a strip mine pit east of Energy shortly before noon today was identified as that of Cecil Jenkins, 28, Marion Negro, Sheriff Harold Farner said this afternoon.
Identification was made at Herrin Hospital where the body with a severe wound on the head was taken from the water-filled mine pit.
The sheriff, who notified the victim’s mother, Mrs. Dorothy Carter, 1201 S. Monroe St., said Mrs. Carter told him she had last seen her son when she prepared him some sandwiches at their home Thursday evening.
Officers had not received any report that Jenkins was missing at the time his body was found partially submerged in water at the edge of the strip mine pit.
The sheriff said he understood from a report from Deputy Vernon Lowe at the scene that the body was found on the side of the pit opposite from the road, giving rise to speculation that the young man swam or waded across the pit after being hit on the head.
First report of the discovery of the body was received by Herrin police. It was determined that he had been struck on the head. Death was not due to drowning, the coroner said.
The body was found at 10:30 A.M. by Doug and Mike Brown and Mike Smith. Marion youths who told Herrin police they made the discovery after going to the water-filled mine pit to swim.
How the body was deposited on the east shore of the mine pit which was inaccessible by vehicle from the road between the mine pit and Energy, puzzled investigating officials.
Officers said it was learned that the young Negro could not swim. Absence of water in the lungs indicated he did not drown. The autopsy findings indicated he was dead when the body was placed in the water with the upper half resting face down on the bank.
The coroner, who crossed the pit in a boat to reach the body, said he and other officers made a minute search of the area on the side of the lake where the body was found, and discovered no sign that anyone had walked through the grass and undergrowth there recently.
The mine pit is more than 100 yards wide.
The coroner said that a three inch long gash in the top of the victim’s head appeared to have been inflicted with a sharp instrument. He discounted the possibility that it could have been inflicted by a fall or that the victim could have been thrown from a high bank of the mine pit while still alive.
The coroner estimated the young man had been dead 10 to 12 hours when found.
Officials had been able to place young Jenkins still alive as late as 11 p.m. Thursday. One witness told of seeing him enter the D-W Club on South Liberty Street at that hour and buy a grape soda. Another said Jenkins left the club with three white youths about 11:30 p.m.
Coroner Wilson was to check out a rumor Saturday afternoon that the victim was seen on the Public Square as late as 2 a.m. Friday.
The coroner empaneled a coroner’s jury composed of Seba Marshall, foreman, Dan Freeman, Ora Kirby, John Cash, Walter Allen and William Davis, and postponed an inquest pending further investigation.
The body was taken to the Jackson Funeral Home at Colp for funeral arrangements. —-Marion Daily Republican, May 15
Murder Charged in Jenkins Case, May 18, 1970
One Marion man was charged with murder today and another was in jail for obstructing justice in the investigation of the death of Cecil Jenkins, Marion negro, found dead at the edge of a strip mine pit near Energy May 15.
Charged with murder was Johnnie L. Byrn, 23, 1006 N. Garfield St. Held on a charge of obstructing justice by giving false information during questioning about the killing was Raymond L. Norris, 25, Marion, Rt. 1.
The information against the two were filed by State’s Attoney Kenneth Powless upon the signed complaints of Sheriff Harold Farner and Joe Barham of Benton, a state police detective, Thursday afternoon. The warrants were issued by Judge John H. Clayton who set bail for Norris at $5,000. No bail was set for Byrn on the charge of murder.
The information against Byrn charged that he killed Jenkins with a blow on the head with a blunt instrument without legal justification.
Byrn was arrested Wednesday and Norris was taken into custody Thursday.
The arrests followed an investigation which had been underway continuously from the time Jenkins’ body was found with a wound in the top of the head and neck broken, lying at the edge of the water in the strip pit. The upper part of the body was out of the water on the bank and the victim’s pockets had been turned inside out.
Sheriff Farner said that during the investigation approximately 50 persons were questioned, none of them more than once and that at least 12 of them had placed Jenkins in an automobile with Byrn and Norris the night of his disappearance.
The sheriff said that the killing took place sometime after Jenkins left in Byrn’s car with Byrn and Norris from the D-W Club on South Liberty Street after 11 P.M. the night of May 14. He said that the two white men admitted taking Jenkins in a car with them to Carbondale, but claimed the trip was made on May 12th and that Jenkins was returned safely to his home.
On the occasion of the trip to Carbondale, Norris got out of his car and into his own automobile in front of Poe’s Skating Rink on the return trip, leaving Jenkins in the car with Byrn who drove him home, the two prisoners claimed. Farner said, however, according to persons questioned during the investigation, Jenkins was with the two the night of May 14 and did not return home.
Byrn is an unemployed industrial plant worker, and Norris is an apprentice mechanic. Byrn is married, but separated from his wife, while Norris has a wife and two children.
The sheriff said that Jenkins was apparently killed at some place other than the strip mine pit and his body taken to the pit and across more than 100 yards of water to the shore opposite from the only road accessible to the area. When found by three other Marion young men, Douglas and Mike Brown and Mike Smith at 10:30 A.M. May 15. Jenkins had been dead 10 to 12 hours, examination of the body indicated.
Farner who began an immediate investigation, called in state crime investigators. Barham entered the case May 18th and was joined by Roy Cooley, another state police detective from Mt. Vernon, a week later. Both detectives were with Farner and Deputy Vernon Lowe when the announcement of the arrests was made.
Coroner James R. Wilson, who had delayed an inquest into Jenkins’ death pending completion of the investigation, said Friday he would hold an inquest June10 at 7:30 P.M. at the courthouse. —-Marion Daily Republican, May 18
Byrn Released on Bail, November 22, 1970
Johnnie L. Byrn, who was charged with the murder May 28th is now free on $30,000 bond and filed for dismissal of the indictment on Nov. 27, claiming that the 160 day statute of limitations had expired.
Blacks Conduct Peaceful Demonstration in Marion, December 22, 1970
Some 50 Marion black persons, most of whom were in the ape group of mid-teens to early 30’s, conducted a peaceful demonstration through the Marion business district Monday at 5 p.m.
Jerry Allen, a spokesman for the group, said the demonstration was to call attention to the dissatisfaction of the black community over the actions of the Williamson County State’s Attorney. Kenneth Powless, concerning the May 15 slaying of Cecil Jenkins, 28-year old Marion black.
Allen charged Powless with breaking his promise to the black community in a meeting some two months ago. “He (Powless) told four different people on that occasion in answer to direct question he would not allow the 160-day statute of limitations to run out on Byrn.” Allen said.
Allen was referring to Johnnie L. Byrn, who was charged with the murder May 28th. Byrn, now free on $30,000 bond, filed for dismissal of the indictment on Nov. 27, claiming that the 160 day statute of limitations had expired.
On December 1, Powless claimed that the defense was responsible for the delay of trial. Powless now says he will file a notice of appeal in circuit court in reference to Byrn’s motion for a dismissal.
The demonstrators gathered at the Community Center, 1103 S. Liberty, matched north on South Liberty, east on E. College, through the alley by the Sheriff’s Office, around the square exiting on W. Main, west on W. Main to the Court Street intersection, south on S. Court to W. Copeland, east on W. Copeland and back to the Community Center.
The group chanted “We want Justice, Now!” and sang “We Shall Overcome.” The demonstrators carried signs bearing the messages, “Revenge, No! Justice, Yes!” and “Equal Justice, Justice for All!”
Marion police and Williamson County Sheriff’s deputies accompanied the group, re-routing traffic when necessary.
The group was formed around a nucleus group called the Black Brothers for Progress, a local organization.
Members of the demonstration gathered in front of the Community Center following the march and continued chanting and cheering for several minutes.
The spokesmen for the group thanked the demonstrators for their participation, adding they hoped there would be no need for further similar marches.
City Commissioner Rex Presson complimented the group on its conduct.
In an impromptu news conference on the Community Center steps. Allen said the next step for his organization would he to request a meeting with Powless.
“He (Powless) has agreed to meet with two of our leaders, but we want everyone to hear what he has to say. We are all one here,” Allen said.
Allen pointed out “The black Community wants only justice. We don’t want an innocent man punished, or a guilty one freed. We do want some action of justice.”
Another spokesman, Jim Powell, former four-sport standout at Marion High School and now a starting defensive half-back for Southern Illinois University’s football team as a sophomore, added the Jenkins’ case was only the beginning. He said other issues such as more street lights, wider, paved streets, and overall improvement of the black community environment would be sought.
Rumors had circulated through the community business district Monday that United Front members from Cairo would be in Marion Monday evening. Police and Sheriff’s Office were alerted of such a possibility. —Marion Daily Republican, December 22
Appeal Filed in Byrn Case, January 20, 1971
State’s Attorney Kenneth Powless Tuesday afternoon filed an appeal in appellate court in Mt. Vernon in the case of Johnnie L. Byrn, 23, Marion, who was charged with murdering Cecil Jenkins, 29, Marion.
The appeal follows dismissal of the case by Judge John Clayton on the grounds that Byrn was not granted a speedy trial.
Jenkins was found dead May 15 at the edge of a strip pit.
Powless said that he expects to file a brief in appellate court in three weeks
In a brief on file in Williamson County Circuit Court, Powless contends that a request for a speedy trial was not made in a formal enough manner and that sufficient dilatory motions were filed by Byrn’s attorney Bernard Paul, to prevent the required 160 day speedy trial period from beginning.
Sam’s Notes: To the best of my knowledge, the charges against Byrn never developed and eventually the case faded away and went cold with no one held accountable for the murder of Jenkins. Jenkins was an ever-present figure around the Public Square in the late 1950’s and thru the 1960’s up to his death. He ran errands and did a number of small jobs for merchants around the square.
(Data extracted from Marion Daily Republican articles in May 1970 through January 1971)