SECTION 29 Subscribe on YouTube
Forgotten True Crime · Weleetka, Oklahoma · 1944

The Pepper on the Trail

Arley Keck slept in the back of his own grocery so the pump out front could stay open all night. One Saturday morning in March 1944 the milkman found his chair empty. It took Okfuskee County two years, three suspects, a lie detector and a photograph made on purpose to fool a man before anyone was charged. By then they had already had him in a cell once, and let him go.

Weleetka, OklahomaMarch 18, 194414 clippings~11 min read

The Keck store reopens (Weleetka American, March 29, 1944); Albert Simon as the Tulsa Tribune printed him (February 23, 1946); the Okemah Daily Leader, May 1, 1946.

Rather listen?

The Murder of Arley Keck

The full episode tells this story from the Oklahoma papers of 1944 to 1954. This page is the written version, with the clippings it was built from.

The chair by the door

Arley Keck ran a grocery and filling station on a corner in Weleetka, in Okfuskee County, Oklahoma. The papers said he had been in business there since 1934, after years on the Fort Smith & Western railroad. He was a Mormon, a Mason of twenty-five years, and the father of nine. One son, Truman, had been a prisoner of the Japanese since the fall of Guam. Another, Ford, was in the navy.

He slept in the back of the store and kept the pump running all night for the truckers, which is why he sat by the front door with the radio on. His daughter, Mrs. Frank McKinney, worked beside him that Friday night and went home sometime between ten and midnight.

At about five past eight on Saturday morning, March 18, 1944, Albert Gardner brought the milk. The store was dark, but the door was unlocked. Two years later the town paper told what happened next from Gardner's side of the door:

Mr. Gardner usually stepped into the room, set the milk down, spoke to Mr. Keck, who was usually sitting behind the counter near the front door listening to the radio. Mr. Gardner said he sat the milk down, looked over to where he expected to see Mr. Keck, but he was not there. Weleetka American, February 27, 1946

Arley Keck was lying eight or ten feet inside the door, feet toward it. He had been struck on the head with something blunt and then with a meat cleaver. The papers gave his age as "about 65." He was sixty, born in January 1884.

Red pepper

His pockets had been turned inside out. But whoever did it had missed two places where Keck kept money and had never got the cash drawer open.

And there was pepper everywhere. Bloodhounds came up that afternoon from the state penitentiary at McAlester, and the Muskogee paper reported what they did:

In spite of the fact that the murderer had sprinkled pepper over virtually everything he had handled in the store and on the floor, the bloodhounds followed the trail to the Frisco railroad tracks. Sunday Times-Democrat (Muskogee), March 19, 1944

An empty pepper can turned up some distance from the store. Along the trail the officers saw footprints that looked to have been made by "high heel cowboy boots or by a woman." A fingerprint expert was called from Oklahoma City, and officers hoped he had found clear prints on the can and the other things the killer had handled.

There was no coroner's inquest. The county said there was no question about the cause of death. Weleetka physicians looked at the body at about ten that morning and put the killing at around one or two o'clock. That is the whole of the medical record. Most 1944 papers give the date as March 18; Keck's grave and a few later stories say the 17th, the night his daughter left him.

The Muskogee paper's full account, the day after: the pepper, the dogs, the footprints and the fingerprint man.

That Wednesday Arley Keck was buried out of the First Christian church in Weleetka, by the Baptist pastor, assisted by the Methodist pastor, with the Masons at the graveside. A week after that the family took out an advertisement in the Weleetka American: the store was open again, "under the management of MRS. FRANK McKINNEY," from eight in the morning to eight at night.

The man they let go

Officers picked up several people that first week. One of them was a Weleetka man named Albert Simon. The Muskogee paper said the man in custody was held "more in the hope that he might have been seen or heard something that would throw light on the case rather than because of suspicion that he might have been involved." He told them he knew nothing about it. He was kept a number of days, and released.

Nine days in, Undersheriff Sullivan Thompson told a reporter where things stood:

There are no new developments in the A. Keck murder case, Undersheriff Sullivan Thompson reported today. An investigation is in progress and fingerprint experts are working on the case. Sunday Times-Democrat (Muskogee), March 26, 1944

The man from the other county

On April 3, 1944, about sixty miles west, three people were killed in one afternoon: Mrs. Walter Gorski and her three-year-old daughter Martha, and a farmer named Roy Schat. On the night of April 7 a posse and a party of sailors took a man named Amon Johnson out of the brush near Shawnee.

A Muskogee paper reported that his parents lived in Weleetka. That same night County Attorney William Seawell, Sheriff Wes Kennedy and two deputies drove to Shawnee to ask him about Arley Keck. Officers said he had not confessed to it "and had not thrown any light on the matter." The next day the United Press carried the line that seemed to settle it:

At Okemah, authorities plan to charge Johnson with the murder late in March of A. Keck, Weleetka merchant, who met death under circumstances similar to the three persons in the central Oklahoma area. United Press, as printed in the Henryetta Daily Free Lance, April 9, 1944

On April 10 Seawell called Johnson a "very likely suspect" and said one of Johnson's shoes, tried in a footprint near the store, was "very similar," if not "identical." But no charge was filed. Johnson confessed to the three other killings and never to this one. He was executed at McAlester for them on March 23, 1945.

April 10, 1944: "very likely suspect," and no charges filed. They never were.

That same week Seawell, Undersheriff Harlan Avey and Sullivan Thompson, now a deputy, went to Little Rock, Arkansas, to question a man named James Hall, held there on five murder charges. Seawell had called him a "likely suspect" too. Hall had been working in Little Rock when Keck was killed. "The officers have discovered he is not the man," the Okmulgee paper reported on March 28. On March 29 the county's own weekly ran the headline "Suspect Found In Keck Murder Case."

The box of black pepper

By early 1946 the state was working the case. Agents C. C. Crabb and W. D. "Deck" Fuller of the State Bureau of Investigation had joined the county men. The Black Dispatch, Roscoe Dunjee's paper in Oklahoma City, later told what Fuller had seen in the two-year-old reports. Red pepper had been thrown over the body and the tracks, and the killer had also opened a box of black pepper and then not used it. From the reports, the Dispatch said, Fuller suspected "an ex-convict from Illinois with escape methods." The papers of 1944 mention only the one pepper can; the black pepper box comes to us from Fuller, by way of the Dispatch.

The Dispatch said Fuller worked "purely on circumstantial evidence." In the third week of February 1946 officers arrested Albert Simon, most papers said at Seminole on Tuesday the 19th; the Dispatch said Wewoka, on the 18th. The papers gave his age as 32, 39 and 40. His grave marker says he was born on June 16, 1906, which made him thirty-nine.

He was the man they had held in 1944. The county attorney now said Simon had been "picked up by the sheriff's office as a suspect," and something more:

His whereabouts have been known at all times after he was released as he was kept under constant observation according to Mr. Seawell. Okemah News-Leader, February 24, 1946

In 1944 the county had said he was held as a possible witness, not a suspect. In 1946 it said he was held as a suspect. Both statements came from the same office.

Five hours in Tulsa

Some days before, officers had shown Simon a photograph. It seemed to show a dead man's eye with the face of his killer fixed in it, a folk belief the officers counted on. The Tulsa Tribune printed the picture, and its story said plainly what it was:

The picture was a fake, made by taking a picture of an eye and superimposing Simon's police "mug" picture thereon. Tulsa Tribune, February 23, 1946

Simon looked at it and said he could see "the man in the eye" plainly, "but that the picture was not of him."

The "man in the eye" picture as the Tulsa Tribune printed it. It is a police fabrication: officers laid Simon's mug shot over a photograph of an eye. He looked at it and said the man in it was not him.

On Friday, February 22, they drove him to Tulsa and the police department's new lie detector. He seemed willing. "I want the truth and nothing but the truth to be known," he said. He began shortly before noon and came out a little after four, "trembling with nervousness." The Tribune called him one of the most difficult subjects ever tested there, and said he "showed little reaction except that he became very nervous as the hours went on."

Then a Black Tulsa detective, John Smitherman, talked with him for a few minutes.

"If you'll give me life I'll confess." Although no promises were made, Simon made a short confession, taking full blame for the crime. Tulsa Tribune, February 23, 1946

And while he was confessing he said: "I guess you know all this. That little needle in there has been writing down what I've been thinking. I know it."

The Black Dispatch printed one more fact that the other papers left out. Simon was illiterate. It said he admitted opening the box of black pepper "due to his inability to read."

Two confessions

In Tulsa, Simon said Keck had come at him with the hammer first and there was a struggle. Back at Okemah he made a longer statement, and an officer the Tribune named as L. S. Thompson said it contradicted the first on that point: Simon had been the aggressor. The motive changed with the paper you read. It was robbery, a food bill, or a $10 debt.

The officers' retelling ran in the Okemah News-Leader. Simon had argued with Keck over the debt, taken the hammer from him and struck him, then used the cleaver; searched for money, even under the pillows of the bed in back; sprinkled red pepper from the shelves; broken the front window, then gone out a side door; thrown the hammer into Alabama Creek the next morning and burned his clothes. The water was told two ways in the same week. In Okemah he threw a bucket of it on Keck's face "to try to revive him." In the Holdenville paper he "soaked his body with water to erase possible fingerprints." And the 1946 versions said the pepper had beaten the dogs, though the 1944 papers said the dogs followed the trail to the tracks.

The Okemah paper said Simon "is credited with having said: 'I just want to get it off my mind.'" Seawell and his assistant, Dane Seran, said the lie detector "was used to a great advantage." The Dispatch had its own complaint. The Associated Press had credited the arrest to Sheriff Kennedy and Agent Crabb; the Dispatch said it was Fuller's, under the headline "Need For Negro Press Re-Affirmed." It did not question the confession. Its complaint was the credit.

Sixty-seven days

Seawell filed the murder charge on Saturday, February 23. The case would be over in sixty-seven days. Simon pleaded not guilty when he was arraigned. He was taken to the penitentiary at McAlester, the papers said, for safekeeping; by April they said it was "for fear of possible mob violence." On March 4 he waived his preliminary hearing, where the state would have had to lay out its case in open court, and was bound over without bail.

On April 20 he changed his plea to guilty before District Judge Jess I. Miracle. County Attorney Seawell asked for the death penalty.

On May 1 court opened at ten. Ten witnesses were sworn, among them officers from the sheriff's office and Mrs. Alice McKinney, Arley Keck's daughter. The exhibits were the meat cleaver, Simon's sworn confession, and "a partly filled bottle of whisky which had figured in the tragedy." Late in the morning Simon took the stand and "recounted events surrounding the killing." Nothing in the report suggests he took the confession back. Sam Davis of Okemah appeared for him.

As judgement was passed, the defendant remained stolidly calm in contrast to his visible agitation and nervousness during the examination this morning. Okemah Daily Leader, May 1, 1946

At 2.10 p.m. Judge Miracle sentenced him to life imprisonment at hard labor. Ten weeks earlier, in Tulsa, he had said, "If you'll give me life I'll confess."

May 1, 1946: the banner across the top of the county-seat daily.

The paper's account of the day mentions the fingerprints once: "A fingerprint expert from Oklahoma City and blood hounds figured in the sensational investigation." Nothing on the record says the prints matched him, or that they didn't.

Plot fifty

The penitentiary received Albert Simon on May 1, 1946. His record gives his occupation as porter and no alias. No appeal has been found, and nothing found so far shows he ever took the confession back.

Shortly after three in the morning on September 8, 1954, he had a heart attack in his cell and died in the prison hospital. He was forty-eight. The McAlester paper gave him two paragraphs.

Funeral arrangements are incomplete, pending instruction from relatives in California. McAlester News-Capital, September 8, 1954

He is buried in the Department of Corrections prison cemetery at McAlester, plot 50, under a flat stone with his name and two dates. Amon Johnson, the first man the county looked at for Arley Keck's murder, is in the same ground, plot 118-D.

What the record still doesn't say

Were the fingerprints from the store ever compared with Albert Simon's? Experts worked on them for weeks in 1944, and on the day he was sentenced they were one clause in a sentence.

Did anyone search Alabama Creek for the hammer he said he threw there? A weapon found where he said would have backed up the confession. Nothing says anyone looked. Nor does any 1944 account of the scene mention the broken front window the confession describes.

When was Sam Davis appointed? Simon could not read. Whether he had a lawyer when he waived his preliminary hearing on March 4, 1946, is in the Okfuskee district court file, which has not been pulled.

Who else was picked up in the first week of March 1944, and where did they go?

The People

The grocer, the two men, the agent, the prosecutor and the judge
No photograph
in the file
victim

Arley Keck

Keck's Grocery and Service Station, Weleetka

Born January 8, 1884, at Pettygrove, Arkansas; the papers thought he was about 65. A former Fort Smith & Western railroad man, a Mormon and a Mason, with a wife and nine children. He slept in his store and kept the pump on all night for truckers. No photograph of him has been found.

convicted

Albert Simon

Of Weleetka — "Porter," says his prison record

Held for a few days in March 1944 and released. Arrested in February 1946 and charged after confessing in Tulsa. Pleaded not guilty, then guilty, and was sentenced to life on May 1, 1946. Died in the prison hospital at McAlester in 1954. Photograph as the Tulsa Tribune printed it.

No photograph
in the file
suspect

Amon Johnson

Never charged in the Keck case

Captured near Shawnee in April 1944 for three killings sixty miles west. Okfuskee officers questioned him about Keck and said they planned to charge him. They never did. He was executed at McAlester on March 23, 1945, for the other murders.

No photograph
in the file
detective

W. D. "Deck" Fuller

State agent, Bureau of Investigation

A Black state agent from the east side of Oklahoma City. The Black Dispatch credited him with reading the 1944 file, noticing the box of black pepper, and making the arrest that the wire gave to two white officers.

No photograph
in the file
prosecutor

William L. Seawell

Okfuskee County Attorney

Called Amon Johnson a "very likely suspect" in 1944, drove to Little Rock after another man in 1945, filed the murder charge against Albert Simon in 1946, and asked for the death penalty.

No photograph
in the file
judge

Jess I. Miracle

District Judge, Okfuskee County

Took Simon's guilty plea on April 20, 1946, and passed sentence of life imprisonment at hard labor at 2.10 p.m. on May 1.

The Record

Documented, in order

The case in order, from the Oklahoma papers of 1944 to 1954, the penitentiary record and the prison cemetery. Where papers disagree on a date, both are given.

Mar 17–18, 1944
Arley Keck is killed in his store at Weleetka at about 1 or 2 a.m. (most 1944 papers say the 18th; his grave and some later stories, the 17th).
Mar 18, 1944
About 8.05 a.m., Albert Gardner brings the milk and finds the body. Bloodhounds from McAlester follow the trail to the Frisco tracks.
Mar 18, 1944
A man, later named as Albert Simon, is taken into custody; he is held some days and released.
Mar 22, 1944
The Weleetka American prints the obituary; Keck is buried at Hillcrest Cemetery after a Wednesday funeral.
Mar 26, 1944
"No new developments"; fingerprint experts at work.
Mar 29, 1944
The store reopens under Mrs. Frank McKinney.
Apr 3, 1944
The Gorski and Schat killings, about sixty miles west.
Apr 7, 1944
Amon Johnson is captured near Shawnee; Okfuskee officers drive there that night to question him about Keck.
Apr 8, 1944
United Press reports that authorities at Okemah plan to charge Johnson.
Apr 10, 1944
Seawell calls Johnson a "very likely suspect." No charges are filed, then or later.
Mar 23, 1945
Johnson is executed at McAlester for the other murders.
Mar 24, 1945
Seawell, Avey and Thompson leave for Little Rock to question James Hall.
Mar 28, 1945
Hall is reported cleared; he was working in Little Rock at the time.
Feb 18–19, 1946
Albert Simon is arrested (Seminole, most papers; Wewoka, the Black Dispatch).
Feb 22, 1946
Nearly five hours on the Tulsa lie detector; Simon confesses in Tulsa, then again at Okemah.
Feb 23, 1946
Murder charge filed; Simon pleads not guilty at arraignment.
Mar 2, 1946
The Black Dispatch credits Deck Fuller with the arrest and reports that Simon could not read.
Mar 4, 1946
Simon waives his preliminary hearing and is bound over without bail.
Apr 20, 1946
Simon pleads guilty before Judge Jess I. Miracle; the county attorney asks for death.
May 1, 1946
Sentenced to life imprisonment at hard labor at 2.10 p.m.; received at McAlester the same day.
Sep 8, 1954
Simon dies in the prison hospital after a heart attack in his cell; buried in the prison cemetery, plot 50.

The Clippings

14 pages, 1944 to 1954

Click any page to read it full size. All from 1944–1954 Oklahoma newspapers, published before 1964 and in the public domain.

Sources

What this file is built on

Newspapers

Sunday Times-Democrat (Muskogee), March 19 and 26, 1944, April 9, 1944, and April 21, 1946.

The Morning Examiner (Bartlesville), March 19, 1944: the Associated Press report.

The Weleetka American, March 22 and 29, 1944, and February 27, 1946.

United Press, April 8–10, 1944, as printed in the Henryetta Daily Free Lance (April 9) and the Holdenville Daily News (April 10).

Okmulgee Daily Times, March 28, 1945; Okfuskee County News, March 29, 1945; Holdenville Daily News, April 1, 1945: the James Hall inquiry.

Tulsa Tribune, February 23, 1946: the lie detector, the fabricated "death stare" photograph (identified as a fake by the paper itself) and the confession.

Holdenville Daily News, February 24 and March 4, 1946; Okemah News-Leader, February 24, 1946; Daily Oklahoman, March 5, 1946.

The Black Dispatch (Oklahoma City), March 2, 1946.

Okemah Daily Leader, May 1, 1946: the sentencing.

McAlester News-Capital, September 8, 1954.

Records

Oklahoma State Penitentiary record no. 46062 (Albert Simon), Photograph Cards, Oklahoma State Penitentiary Collection [2010.055], Oklahoma Historical Society.

Find a Grave memorials: Arley Keck (#26839363), Hillcrest Cemetery, Weleetka; Albert Simon (#13767416) and Amon Johnson (#13760090), Department of Corrections Prison Cemetery, McAlester.

Photographs

The photograph of Albert Simon is the police photograph printed in the Tulsa Tribune on February 23, 1946. No photograph of Arley Keck has been found.

A new case every week.

Section 29 is the home of Forgotten True Crime and Okie Investigations — every episode on YouTube and in your podcast app, and written up here with the clippings, the records and the people.

Clipping