Joe Touhy, Roger's older brother, died, in June of 1929. Eyewitnesses said that Joe and his crew were breaking up a speakeasy that the Capones had opened in Schiller Park. When a waiter reached for something under the bar, Joe Touhy's own man, a hood named Paul Pagen, fired off a warning burst from his machine gun, accidentally killing Touhy.
Johnny Touhy, the third eldest brother, didn't call it an accident. He killed Pagen in revenge for Joe's murder and was sentenced to prison for ten years to life. However he was released in four years, his brothers having purchased his freedom with bribes. "And that's what money," wrote the Chicago Tribune of John's release, "well spent in Chicago will do. "
A few months after his parole was granted, Johnny was arrested again for attempted murder of a Capone goon. He was sent back to StatevillePrison where he died of consumption in a barren hospital room.