Roger’s brother, John (Called Johnny) was killed on December 28 1927 when he and Touhy enforcer Roy Marschalk and an unknown third man arrived at the Lone Tree Inn in Niles and demanded that the owner, Robert Free bus, buy Touhy beer.
Freebus pointed to Charles Miller, brother of gunman Frank Miller, and explained that he purchased his beer from Miller, who represented the Capone organization. Touhy and his two men attacked Miller and beat him with a monkey wrench and left.
The returned to the Lone Tree at 2:00 that morning, after the speakeasy had closed, only to find Miller standing in the middle of the dance floor, which, according to witnesses “infuriated” Touhy who drew his pistol and shot the hoodlum. Touhy’s two men also drew their pistols and fired. In all, Miller was shot 9 times but one of the two Touhy enforcers accidently shot John Touhy in the temple.
The hoods grabbed Touhy and tossed him into the back seat of a car and fled. An hour later, they carried his dead body into the lobby of the University hospital, left him there and fled. Doctors found an ID on Touhy that said he was John Davis of 1508 Crawford Avenue in Chicago. However, Cook County Police later identified him as Roger Touhy’s brother.