Clarence Darrow: Attorney for the Damned (85 page)

2.
ACSC hearings.

3.
Darrow, “The Breaker Boy,” in Weinberg,
Verdicts
.

4.
Baer to Clark, July 1902, HDL;
New York Times
, Aug. 21, 1902;
Washington Post
, Jan. 10, 1903;
Chicago Tribune
, Jan. 10, 1903; ACSC,
Report to the President;
Cornell,
Anthracite Coal Strike
.

5.
ACSC hearings; Roosevelt to Hanna, Sept. 27, 1902, Roosevelt to Lodge, Sept. 27, 1902, Roosevelt to Bacon, Oct. 5, 1902, Roosevelt to Morgan, Oct. 15, 1902, Roosevelt to Crane, Oct. 22, 1902, Lodge to Roosevelt, Sept. 27, 1902, Theodore Roosevelt papers, Library of Congress;
New York Times
, Sept. 26, Oct. 12, 1902;
Chicago Daily News
, Oct. 3, 4, 11, 1902; Roosevelt,
Theodore Roosevelt: An Autobiography
(New York: Macmillan, 1914).

6.
ACSC hearings; Lloyd to his wife, Oct. 16, 20, 1902, Lloyd to Mitchell, Oct. 25, 1902, Mitchell to Lloyd, Oct. 25, 1902, Lloyd to Mitchell, Oct. 27, 1902, Weyl to Lloyd, Oct. 29, 1902, Mitchell to Lloyd, Oct. 30, 1902, Lloyd to his wife, Nov. 4, 1902, HDL.

7.
ACSC hearings;
Chicago Daily News
, Nov. 17–26, 1902.

8.
ACSC hearings; Lloyd to his wife, Nov. 14, 15, 18, 22, and 28, 1902, HDL; Mitchell to Wilson, Nov. 27, 1902, John Mitchell papers, Catholic University;
New York Times
, Nov. 22, 1902;
Washington Post
, Nov. 22, 1902; Hamlin Garland,
Companions on the Trail
(New York: Macmillan, 1931).

9.
The wrenching human stories may have touched some journalists, but Darrow was still fighting a royalist press. The
New York Times
blamed the fathers of the mill girls, not the factory owners. The culprits were immigrant Irish parents, and “various lost tribes of Southeastern Europeans—Polacks, Hungarians, Bohemians, or what not—who have no civilization, no decency, nothing but covetousness, and who would with pleasure immolate their offspring on the shrine of the golden calf,” the newspaper declared in a Dec. 17, 1902, editorial. ACSC hearings;
Washington Post
, Dec. 7, 16, 1902;
New York Times
, Dec. 16, 1902;
Chicago Daily News
, Dec. 9, 1902;
Wilkes-Barre Daily News
, Dec. 9, 10, 11, 16, 17, 18, 1902; Lloyd to his wife, Dec. 12 and 16, 1902, Lloyd to Brandeis, Dec. 16, 1902, HDL; E. Dana Durand, “The Anthracite Coal Strike and Its Settlement,”
Political Science Quarterly
, Sept. 1903; Caro Lloyd,
Henry Demarest Lloyd
(New York: G. P. Putnam’s Sons, 1912).

10.
Darrow to Brandeis, Nov. 28, 1902, Brandeis to Darrow, Dec. 2, 12, and 13, 1902, Louis Brandeis papers, Library of Congress; Jones to Darrow, Dec. 11, 1902, Sam Jones papers, University of Toledo; Jones to Darrow, Feb. 13, 1903, CD-LOC; Lloyd to Brandeis, Jan. 29, 1903, HDL; ACSC hearings.

11.
ACSC hearings.

12.
Stone has Darrow speaking for three days; he actually spoke a day and a half. Similarly, Stone has Gray interrupting Darrow’s declaration that the miners were outmatched by the corporations with an admiring murmur, “Except the lawyers!” The transcript shows that Gray, in fact, was teasing Darrow with the question “Except the lawyers?” ACSC hearings;
Philadelphia North American
, Jan. 16, Feb. 14, 1903;
Boston Globe
, Feb. 14, 1903;
Washington Post
, Feb. 14, 1903;
New York Times
, Feb. 14, 1903;
Chicago Daily News
, Feb. 12, 1903; unnamed newspaper clipping, Sept. 22, 1902, OHL; Lloyd to his wife, Jan. 13, 14, 16, 1903, HDL; Harriet Reid to Weinberg, May 11, 1958, ALW.

13.
ACSC,
Report to the President; Washington Bee
, May 2, 1903;
Chicago Tribune
, Mar. 22, 1903;
New York Times
, Mar. 22, 1903;
Chicago Daily News
, Mar. 21, 1903;
Boston Globe
, Mar. 22, 1903; Robert Wiebe, “The Anthracite Strike of 1902: A Record of Confusion,”
Mississippi Valley Historical Review
, Sept. 1961; Durand, “Anthracite Coal Strike”; Samuel Gompers,
Seventy Years of Life and Labor
(New York: Dutton, 1925); Darrow to Samuel Jones, Apr. 14, 1900, Sam Jones papers, University of Toledo.

14.
Darrow letter to Cruice, quoted in unidentified newspaper clipping, OHL; Darrow to Mitchell, Jan. 23, 1903, John Mitchell papers, Catholic University;
Chicago Tribune
, Nov. 6, 1902;
Chicago Daily News
, Dec. 22, 1902, Feb. 1, 1903; Simons to Darrow, Nov. 8, 1902, HDL.

15.
Daily People
, Jan. 3, 1903;
Chicago Daily News
, Dec. 6, 1902;
Chicago Tribune
, Mar. 10, 1897, Mar. 21, 1901, Feb. 5, 1903;
Chicago Post
, Mar. 9, 10, 1897, Dec. 14, 1898; see Harrison,
Growing Up
.

16.
Lloyd to his wife, Feb. 21 and 22, 1903, Abbot to Lloyd, Feb. 24, 1903, HDL; Gompers to Darrow, Mar. 5, 1903, Samuel Gompers papers, Library of Congress. The teamsters had refused to tote “scab” coal during a Midwest strike, and John Mitchell was in their debt. “He couldn’t refuse when I asked him to tell Darrow to withdraw his name. Darrow couldn’t refuse to do what Mitchell asked, and there you are,” said Driscoll. “The votes that would have gone to Darrow went to Harrison.”

17.
Whitlock to Darrow, Feb. 11, 1903, CD-UML;
Chicago Daily News
, Jan. 31, Feb. 1, 3, 16, 18, 20, 23, 24, 1903;
Chicago Tribune
, Jan. 28, 30, Feb. 1, 3, 14, 15, 16, 20, 22, 23, 24, Apr. 5, 1903;
Daily People
, Jan. 3, 1903;
Chicago American
, Dec. 22, 1902;
Inter Ocean
, Feb. 3, 1903;
Los Angeles Times
, Feb. 15, 1903; untitled Washington, D.C., newspaper clipping, Mar. 12, 1903, OHL; Morgan to Lloyd, John Livingston papers, University of Denver.

18.
The union accounts in the Mitchell papers at Catholic University confirm Darrow’s $10,000 fee.
Chicago Tribune
, Apr. 2, 3, 4, 5, 8, 9, 1903, June 15, 1905;
Chicago Daily News
, Apr. 1, 2, 1903;
Washington Post
, May 22, 1904;
Rockford Herald
, Apr. 8, 1903;
Inter Ocean
, Apr. 8, 1903;
Rockford Morning Star
, undated clipping, CD-LOC; unidentified Chicago newspaper clippings, Apr. 3 and 4, 1903, OHL; E. Pomeroy to Mrs. H. D. Lloyd, June 22, 1904, HDL.

CHAPTER 7: RUBY, ED, AND CITIZEN HEARST

1.
Ruby Darrow letters to Stone, and Stone interview notes, CD-LOC; Ruby letter to Jennie Moore, Nov. 25, 1911, CD-UML;
Chicago Tribune
, July 17, 19, Aug. 25, 1903.

2.
Ruby letters to Stone, and Stone interview notes, CD-LOC; Darrow to Jessie, Sept. 8, 1903, and Mar. 10, 1904, CD-UML; Ruby Darrow letters to Helen Darrow, Helen Darrow letter to Jennie Darrow, and Karl Darrow diary, KD; McParland, report, Mar. 5, 1907;
Chicago Tribune
, July 17, 19, Aug. 25, 1903; Darrow letter to Ruby quoted in the News-Review, July 28, 2009.

3.
Ruby letters to Stone, CD-LOC; Ruby letters to Helen and Jennie Darrow, and Helen to Jennie Darrow, KD; Ella Winter and Granville Hicks, eds.,
The Letters of Lincoln Steffens
(New York: Harcourt, Brace, 1938).

4.
Darrow to Whitlock, Nov. 17, 1902, BW.

5.
Chicago Tribune
, May 17, 1904; Masters to Harrison, Mar. 21, 1938, and Masters to Barnard, May 22, 1938, ALW; Masters, “My Youth in the Spoon River Country” manuscript and
Across Spoon River
manuscript and unfinished chapters, ELM; Masters,
Across Spoon River;
Ruby Darrow letters to Stone, CD-LOC.

6.
Chicago Tribune, Mar. 16, 17, 1905, Jan. 7, 1912;
New York Times
, Oct. 24, 1903; Darrow to Mrs. Lloyd, Oct. 19, 1903, HDL;
Turner v. Williams
, 194 US 279; Sidney Fine, “Anarchism and the Assassination of McKinley,”
American Historical Review
, July 1955; Masters, “My Youth in the Spoon River Country” manuscript and
Across Spoon River
manuscript and unfinished chapters, ELM; Masters,
Across Spoon River
.

7.
Darrow’s letter to the
Daily News
appears to have inspired a myth that he “fixed” the Iroquois Theatre probe. It was cited in a 1929 book by Lloyd Lewis and Henry Justin Smith
(Chicago: The History of Its Reputation
[New York: Harcourt, Brace and Co., 1929] and picked up by later writers as proof that Darrow had helped Harrison escape justice. Darrow’s defense of the chief engineer of the capsized lake steamer
Eastland
in 1915—an accident that claimed more than eight hundred lives—shows that he was more than willing to take the unpopular side in such matters, but the available public record in the Iroquois case shows that Levy Mayer was the criminal defense lawyer, A. S. Trude represented Harrison, and Darrow, Masters & Wilson represented the families of victims
who sued the theater owners. Anthony Hatch, whose book
Tinder Box
(Chicago: Academy Chicago Publishers, 2003) offers the most thorough account of the fire, found no evidence that Darrow played a nefarious role. And Masters and Harrison, two prolific memoirists who wrote about the Iroquois tragedy, and exchanged venomous gossip about Darrow, never mention his involvement in the episode. See Harrison,
Stormy Years
, and Masters,
Levy Mayer and the New Industrial Era
(New Haven, CT: Yale University Press, 1927); see also
Chicago Herald
, Jan. 27, 28, 1904;
Chicago Chronicle
, Jan. 30, 1904;
Chicago Tribune
, Nov. 24, Dec. 31, 1903, Jan. and Feb. 1904, and May 28, 1907;
New York Times
, Dec. 31, 1903, Jan. 1904; Chicago Fire Marshall,
Annual Report
, 1903.

8.
The
American
was the inspiration for the play and motion picture
The Front Page
. Darrow also defended the newspaper when its two-thousand-pound electric sign, the biggest in the city, pulled free from its moorings and showered
Mary Spiss, a woman on the sidewalk below, with chunks of masonry that broke her arm and thigh. The sign was illegal; the newspaper was found guilty of negligence, and she was awarded $8,000.
Chicago Tribune
, Aug. 5, 1896, Mar. 28, 1904; Lloyd to Bowles, Mar 17, 1897, HDL;
Hearst’s Chicago American v. Mary E. Spiss
, 117 Ill. App. 436; George Murray,
The Madhouse on Madison Street
(Chicago: Follett, 1965); W. A. Swanberg,
Citizen Hearst
(New York: Scribner’s, 1961).

9.
The Oakley case was appealed, and she and the newspaper ultimately reached a settlement. Masters,
Across Spoon River
, and “My Youth” and “The Two
Annie Oakleys,” manuscripts, ELM;
Chicago Tribune
, Aug. 10, Oct. 2, 3, 29, Nov. 2, 16, 17, 27, 28, 30, Dec. 8, 1901;
Chicago Record Herald
, Dec. 4, 1901;
Chicago Daily News
, Dec. 7, 1901; the most colorful and complete coverage of Darrow’s closing address was in the
Chicago American
, of course, of Dec. 4, 1901.

10.
In the fall, Darrow wavered between the populist Tom Watson and the socialist Eugene Debs, who were on the ballot as minor-party candidates. Schilling to Charles Riefler, June 11 and 13, George Schilling papers, University of Chicago; Paul Darrow interview with Stone, CD-LOC;
Chicago Tribune
, Nov. 21, 1903, Mar. 28, June 15, July 9, Oct. 13, 28, Nov. 11, 1904;
Washington Post
, July 9, 1904;
New York Times
, June 21, July 4, 6, 8, 10, 1904; Ray Ginger,
Altgeld’s America
(New York: Funk & Wagnalls, 1958); Champ Clark,
My Quarter Century of American Politics
(New York: Harper & Brothers, 1920); Ben Procter,
William Randolph Hearst: The Early Years
(New York: Oxford University Press, 1998); Alfred P. Dennis, “The Anomaly of Our National Convention,”
Political Science Quarterly
, June 1905.

11.
New York Times
, Oct. 8, 1904, Sept. 13, 1905;
Chicago Tribune
, Apr. 24, Oct. 1, 1904, Oct. 14, 1905; Howells to Darrow, Nov. 20, 1903, Howells to Darrow, with rejection note, Jan. 21, 1904, CD-UML; Hamlin Garland,
Companions on the Trail
(New York: Macmillan, 1931); Darrow,
Farmington
and
An Eye for an Eye
(Girard, KS: Haleman-Julius, 1905).

12.
Yerkes was backed by transit barons Peter Widener and William Elkins of Philadelphia. Stead died on the
Titanic
, and so did Widener’s son George and grandson Harry. Stead,
If Christ Came;
Harrison,
Stormy Years
and
Growing Up
.

13.
Altgeld wasn’t looking for a fight with Yerkes, and offered to appoint a commission
to study the franchise matter. Yerkes sighed. It would only mean more palms to grease, he told the governor, and “we are taking care of too many now.” Schilling to Dunne, Apr. 28, 1905, George Schilling papers, University of Chicago; Steffens, “Chicago: Half Free”; Stead,
If Christ Came;
Darrow,
Story of My Life;
Charles Merriam,
Chicago: A More Intimate View of Urban Politics
(New York: Macmillan, 1929); John Franch,
Robber Baron: The Life of Charles Tyson Yerkes
(Urbana: University of Illinois Press, 2006); Harrison,
Stormy Years
and
Growing Up; New York Times
, Dec. 12, 14, 1898.