Sex, Lies and Affidavits

When Notre Dame lawyer Daniel Donahoe filed suit in October 1911 alleging that the wealthy and moralizing Clarence Funk had “wrongfully, wickedly, and unjustly … debauched and carnally known” Josephine Henning he set in motion a chain of events that Hollywood would envy. The characters included private investigators, political bosses, ”disappeared” witnesses, and double-agents. The scenes ranged from Los Angeles to Atlantic City, from Denver to the north woods of Minnesota, from genteel Mobile, Alabama to feisty courtroom brawls in Chicago. The action included drama, death, and disbarment. Oh, and an amendment to the U.S. Constitution.

This case had it all. The tale is long and winding, veering from tragic to comic and back.

It takes turns that are unexpected and inexplicable. It is worth your time. Settle in.

In September 1911 a bent and gangly unemployed man named John Henning appeared in the office of Daniel Donahoe, a fiery lawyer known as a “raging bull” and one of Chicago’s most successful criminal defense attorneys. Henning had a tough life. His back had been injured long ago, causing him to walk in an awkward gait and hold his head at a distinct angle. He had worked as a bellboy at the Congress Hotel – that’s where he met his wife, Josephine – but was laid off. He later found work as a streetcar conductor, but the constant jolting was too painful for him to keep the job. His lone bright spot had been his marriage to “Jo.”

Now even that light was dimmed. Henning told Donahoe that millionaire businessman Clarence Funk, general manager of the International Harvester Company, Sunday school teacher, and well-known leader of the “Upright” movement in protestant Chicago, had stolen Jo’s affections. She worked as a coat-checker at the Congress Hotel and a co-worker had recently told him that Jo was spending time with Mr. Funk in the hotel’s bedrooms, drinking, smoking, and God-only-knows-what-else. A female friend had seen Jo and Funk in the Grand Pacific Hotel; she had also seen them together in a taxicab. John and Jo had drifted apart, and Clarence Funk was the reason why. Henning wanted Funk brought to justice for the suffering he was causing.

The case was well outside Donahoe’s usual practice area, but he was touched by Henning’s confidence in him and outraged by Funk’s behavior towards Josephine. After mulling the matter over for a few days, Donahoe secured affidavits from several witnesses – including an acknowledgment from Josephine herself – corroborating the story that John had told. Then he filed a lawsuit against Clarence Funk.

At least that’s the story Dan Donahoe told. In today’s parlance he had used “alternate facts.” The truth was … different.

Dan Donahoe was born in rural Illinois, the son of Irish immigrants. He was academically gifted but delayed his schooling so that he could work the family farm. Eventually he made his way to Notre Dame where, in 1880 when he was nearly 30 years old, he received a Bachelor of Laws degree with highest honors. As a student he participated in debates over the U.S. electoral system; at graduation he was chosen to deliver a commencement address on Constitutional Law. Attention: this is your irony alert.

Upon graduation Donahoe established a very successful criminal defense practice in Chicago. He frequently represented defendants charged with murder, and he was active in support of labor unions (plenty of overlap with his murder cases in those days). He was ferocious in the courtroom, nearly coming to blows with opposing counsel on several occasions. He lived in a brownstone on West Jackson Boulevard, the happily married father of two boys and the brother of alderman James Donahoe. Daniel’s law office was high atop the Ashland Block, a new skyscraper towering 200 feet(!) above the corner of N. Clark and W. Randolph Streets. The offices of Clarence Darrow, Donahoe’s friend and one of the most celebrated lawyers in the country, were in the same building – five floors below. Donahoe was a player.

When he filed the lawsuit against Funk Donahoe took an unusual step. The typical route in this type of case was to file a complaint with very little detail so that the defendant could choose to settle and avoid a public scandal. It was good sportsmanship. Donahoe did the opposite: the papers he filed in court were so lurid that the newspapers avoided directly quoting the documents (although the term “debauchery” recurs with startling frequency in the press coverage). Donahoe announced to the press that he was not interested in a mere financial

settlement – he was interested in taking the case to trial. He wanted to inflict maximum pain on Clarence Funk.

Funk was outraged (no surprise) and vowed revenge (perhaps a more strident response than Donahoe anticipated). Funk insisted that he had never heard of or met Josephine Henning and certainly had not had improper relations with her. Funk demanded a quick trial and said he wanted to hear directly from the Hennings immediately. The lawsuit, Funk declared, was nothing but a “frame-up,” a smear campaign designed to ruin his reputation.

He was right.

Clarence Funk had recently testified before Congress that one of Chicago’s most powerful and corrupt politicians, William Lorimer (aka the “Blond Boss”), had bribed his way into a seat in the U.S. Senate. Funk swore that agents of Lorimer had asked International Harvester to kick in $10,000 to cover part of Lorimer’s expenses in buying the votes of Illinois legislators (refresher: the Constitution originally provided that senators were elected by state legislatures, not by direct popular vote). Donahoe and Henning accused Funk of being a lecher shortly after Funk testified in Congress; Funk (and most observers) concluded that the lawsuit was simply payback for his claims about Boss Lorimer.

Funk was angry, indignant, and had virtually unlimited financial resources at his disposal through International Harvester. The hunt was on to find John Henning. It wasn’t difficult, even in a pre-internet world.

Reporters quickly learned that the Hennings had moved out of their Chicago apartment about two weeks earlier, hurriedly and unexpectedly, with a year remaining on their lease. When a reporter visited Donahoe’s office he noticed a train schedule on the desk with the destination

“Mobile, Alabama” circled. It’s a scene straight out of the movies; who does that? And why would Donahoe allow a reporter into his office? Mysteries to this day.

Another reason it was easy to find Henning is that he violated the first rule of hiding out: you do not talk about hiding out. Henning sent a postcard to a friend in Chicago saying that he was in Mobile (at the lovely Bienville Hotel), spending a lot of money and grateful he would never have to worry about finances again. Tyler Durden would not have approved of John Henning.

Donahoe did not want anyone speaking to his client before trial. Funk’s investigators and newspaper reporters were on the scent, but Donahoe’s man, a young lawyer named William D. Bennett, got to Mobile first. Bennett had helped with previous matters involving Boss Lorimer. He paid the hotel bill and put John on a train to New Orleans.

By the time Funk’s team arrived, John Henning was gone. After some investigation and conversation with a compliant hotel manager, however, the detectives discovered a strange fact: John Henning, occupant of Room 364 in the Hotel Bienville, had not been alone. He had signed the guest register as “Mr. and Mrs. J. C. Henning” and the woman who was with him fit the description of Josephine, although the hair color was off. Hotel staff described the couple as very affectionate – indeed, the chambermaid assumed they were on their honeymoon. So much for a marriage torn apart by Clarence Funk. What was going on?

The answer wasn’t made clear until trial, but it was a doozy. From the very beginning, Josephine had been cooperating with Donahoe in concocting a scheme against Funk. He had hoped to find a woman willing to claim that she and Funk had engaged in an illicit relationship, that Funk had promised to marry her, and that after he had his way with her had reneged on the

promise. A friend who worked at a nearby hotel suggested Josephine for the role. When Jo first visited Donahoe’s office he asked whether she was interested in making some easy money; she said she would think about it. When she returned a few days later Donahoe learned she was already married. No matter – he would change the theory of the case.

Josephine hadn’t been jilted; John was a cuckold. Donahoe spoke with John and assured the Hennings that, if they went along, they would be set for life and never have to worry about money again. He had each of them sign affidavits regarding Josephine’s “relationship” with Funk, then he told them to get out of town. And it wouldn’t hurt if Jo dyed her hair and tried a disguise.

While Funk and the press had not yet learned these details they sensed that something was amiss, and Donahoe’s team knew it. So when William Bennett put John Henning on a train to New Orleans he put Josephine on a different train – to Memphis. Bennett understood the importance of maintaining the illusion that the Hennings’ marriage had foundered. He also provided Jo with a female traveling companion, someone to both keep an eye on Josephine and keep her flush with cash.

Over the next several months John Henning skittered into Chicago, signed affidavits, and slipped back out of town. The press never caught up with him. Josephine remained apart, always one step ahead of investigators, sheltered by her traveling companion. Luxury hotels, spa treatments at resorts (the glamorous Mudlavia!), whatever it took to keep her silent. When the case went to trial in June 1912 John was in the courtroom; Jo remained absent.

The trial was brutal for John Henning. Donahoe’s direct examination of him lasted less than five minutes; cross-exam by Funk’s attorneys continued for two days. He was frequently

surprised by evidence they had accumulated, and at the end of the experience he was a crumpled, beaten man. It was clear to all that the claim against Funk had been a scam. The jury took only 11 minutes to dismiss the case – not even long enough to have the court pay for their lunches.

Henning somehow managed to slip out of the courtroom before the press could get to him. Over the following months Bennett shepherded him around the country, while Josephine’s companion kept her out of the spotlight. But a big surprise was in store: Jo’s companion was a double-agent, working for Funk rather than Donahoe. The lid was about to be blown and the scandal reignited.

You’ll have to wait until the next installment of Story Time to read about that. You won’t be disappointed.

__________

JULY 13, 2021

To recap last week’s episode:

  • Upright businessman Clarence Funk publicly claimed that U.S. Senator William Lorimer (the “Blond Boss”) had secured his seat by buying the votes of Illinois legislators 
  • A few weeks later, attorney Daniel Donahoe filed a lawsuit claiming that Funk had debauched Josephine Henning, thereby ruining the marriage of Donahoe’s client, John Henning
  • Funk denied the allegations and insisted that the lawsuit was a transparent effort to ruin his reputation in retaliation for his claims against Lorimer
  • Josephine did not appear at trial; John could not support his claims and was eviscerated on the witness stand; Funk’s lawyers produced mountains of evidence contradicting Henning’s claims
  • The jury deliberated only a few minutes before declaring Clarence Funk the winner, Donahoe and Henning the losers
  • John Henning, sensing that he was about to be arrested for perjury, fled the courtroom.

All caught up? It gets even more entertaining. Spoiler alert – entertaining stories ripped from the headlines rarely have a happy ending for everyone involved, and that’s the case for attorney Daniel Donahoe. Read on anyway. This story involves many characters, and you will discover at the end a bit of poetic justice for the man who started it all.

Donahoe filed suit in October 1911; the trial was delayed until June 1912. In the intervening months John Henning (former bellboy) and his wife Josephine (former coat-checker) lived a life of luxury. They traveled under aliases and were frequently separated to keep the press off their scent, but they lived well. Under the names “Billie Harris,” “George S. Ball,” “Mickey,” and others they stayed at the swankiest hotels in New Orleans, Denver, Venice Beach, Chicago, and Atlantic City. All of their expenses were paid, plus they had some walking around money to boot. They were being paid to lay low and steer clear of the press.

John Henning’s traveling companion for much of the next several months was William D. Bennett, a young attorney who had previously been engaged in matters involving Boss Lorimer’s associates. Bennett kept Henning flush with cash; it was Henning’s understanding that Bennett got the cash from Donahoe and that Donahoe was funded by Lorimer’s crew. Bennett was able to keep Henning tucked away until it was time for trial.

Josephine’s traveling companions, on the other hand, changed fairly frequently. This proved to be her undoing. Donahoe had no intention of making Josephine available for trial. He personally introduced Josephine to her first chaperone (Mrs. Minnie Dowd), but Josephine complained frequently, reported that she was ill and needed rest at a spa, and seems overall to have been fairly high maintenance. As a result, she cycled through several

companions over the following months. It’s hard to stay secluded when you’re making a lot of noise, and a private detective hired by Funk managed to track Josephine down in Atlantic City.

The agent befriended Josephine, enjoyed the high life with her, and tried her best to get Josephine to talk about the Funk matter in advance of trial. Josephine wouldn’t talk. That’s when the pool – which was already dirty – got downright nasty.

Josephine seemed to Funk’s planted “chaperone” like a decent, though misguided, young woman whose head had been turned by the opportunity to live well. How could she be coaxed into spilling the beans on the Funk scandal? Maybe if she became convinced that her own name was being ruined right alongside Clarence Funk’s. The problem for Funk was that the world was NOT saying anything negative about Josephine; she was portrayed in the press as an innocent dupe.

So Funk had the Chicago Examiner print a story purporting to cover the testimony of the Henning v. Funk trial but actually loaded with false and lurid details designed to provoke Josephine to break her silence and issue a denial. That’s right: 

  • A mainstream news outlet (tagline “The Best Newspaper … For The Best Homes”)
  • printed a single copy of an edition 
  • bearing a story which it knew to be false 
  • for the sole purpose of coaxing Josephine Henning to speak. 

Why? To sell papers, of course. To please Clarence Funk, who was paying them. And to take a swipe at Boss Lorimer, the corrupt U.S. Senator at the root of it all.

The ploy worked better than Funk or the Examiner could have hoped. When she read the “news” of the trial Josephine was horrified. She enjoyed a nice spa treatment as much as the next person, but this business had gone too far. Josephine contacted the newspaper, traveled from Atlantic City to New York, and told reporters and investigators that she had never met Clarence Funk. She had certainly not cavorted with him in boozy and smoke-filled hotel rooms as “revealed” at trial. Her lawyer, Daniel Donahoe, had promised that the case would never go to trial, and this was all his fault. Yes, she had signed an affidavit, but it had been prepared by Donahoe – and who reads such things? She never meant to hurt anybody. Josephine just wanted to go home. Now.

Her wish was granted. The events and multiple trials that followed are complex, involving dozens of characters across several jurisdictions. There is a book to be written, a movie to be made, and too much information to share in the format of this story. I will hit just a few of the highlights:

John Henning remained in hiding for over a year, although now in less glamorous locations (central Illinois, lumber camps in Minnesota). He was captured in Minneapolis in 1913 and offered a full confession of his role in framing Clarence Funk. He, like Josephine, received immunity in exchange for testifying against others involved in the plot.

Based on the testimony of the Hennings, Daniel Donahoe and two others were indicted for conspiracy to defame Clarence Funk. Donahoe did not take the stand on his own behalf, but he offered 73(!) character witnesses – including the sitting Mayor of Chicago – to prove that he was an honorable man, incapable of having committed such treachery. The jury didn’t buy it. Donahoe was convicted, fined $2,000.00 (the maximum), and ultimately disbarred. He never revealed who was really

behind the plot, but all evidence suggests the Lorimer gang was involved. The other two defendants were acquitted, including on charges of perjury; the State’s attorneys were not surprised. Juries did not have the stomach to send to the penitentiary a defendant who everyone knew to be a functionary, taking orders from much higher up, especially when Donahoe had received only a financial penalty.

During Donahoe’s trial a dozen witnesses that the State intended to call went “missing.” The most important of these was William Bennett, the attorney who raced to Mobile, Alabama at the beginning of the saga, directed the Hennings to get out of town, and served as John’s minder for several months before trial. He apparently continued in that role when Henning hid out after trial. When Henning was captured he held a check for $75 from Willliam D. Bennett, but when the conspiracy trial was conducted, the State could not find him.

I found him. He was in Portland, Oregon, along with his brothers, Harry and Pliny (yes, that’s his real name). Not coincidentally, they were sought as witnesses in the Donahoe trial as well. The family was from small town Indiana and had no prior connection to Portland; John Henning, on the other hand, was known to have visited Portland while hiding out, suggesting a Lorimer connection to the city. In any event, the clan Bennett moved to Portland en masse and was not located at the time for Donahoe’s trial. The State apparently lost interest after Donahoe’s conviction; the Bennetts certainly did not make any effort to hide. William D. Bennett lived a long and very public life in Portland, running for local office and practicing law until his death in 1941.

The marriage of John and Josephine did not last. John moved to Iowa, where he obtained a divorce from Josephine on the grounds of desertion. A few months later, Josephine filed for divorce from John – also on the grounds of desertion, and apparently unaware that she was already divorced. Each of them remarried and lived long and full lives.

Clarence Funk went on to continue with a very successful career in business, leaving a large estate to his family upon his death. As a result of Funk’s testimony, William Lorimer was expelled from the Senate. The expulsion hearings – in which the Henning-Funk-Donahoe scandal played a prominent role – added momentum to an initiative that would become the 17th Amendment to the U.S. Constitution. No longer would individuals like Boss Lorimer be able to obtain a seat in the world’s most exclusive club simply by bribing a few state legislators; senators would be chosen by direct popular election.

William Lorimer returned to the Windy City after being expelled from the Senate, not in disgrace but to an enthusiastic welcome by his cronies and the public. His hold over the city remained strong; his appetite for wealth and power was large. He founded a bank, bilked investors of millions of dollars, yet remained untouched by the law.

But the long finger of fate touched Lorimer, and it did so in a most unceremonious way. Prepare to have an image indelibly planted in your mind. Lorimer and some colleagues were traveling; before the train departed the station, Lorimer visited the lavatory. That’s where he was discovered, dead of a heart attack, a few minutes later. The Blond Boss, recognized to this day as one of the most powerful and corrupt politicians in Chicago history, died in a public restroom at the train station.

It’s hard to believe, but I know it’s true. I read it in the newspaper.

*An earlier version of this story may be found in Story Time – The Complete Collection: Strange But True Stories Of Early Notre Dame Lawyers (Checkerboard Heart: 2021), available to download for free on Amazon and Google

Sources and Additional Reading [revise, especially to include sources used in part two of story]

1860 U.S. Census, Grafton, McHenry County, Illinois, Digital Image, s.v. ‘Daniel Danehar.” 1860. Ancestry.com

1870 U.S. Census, Grafton, McHenry County, Illinois, Digital Image, s.v. ‘Dan Donohue.” 1870. Ancestry.com

1880 U.S. Census, Franklin, Henry County, Indiana, Digital Image, s.v. ‘William Bennet.” 1880. Ancestry.com

1880 U.S. Census, Grafton, McHenry County, Illinois, Digital Image, s.v. ‘Daniel Donahue.” 1880. Ancestry.com

1900 U.S. Census, Chicago, Cook County, Illinois, Digital Image, s.v. ‘Daniel Donahoe.” 1900. Ancestry.com

1910 U.S. Census, Chicago, Cook County, Illinois, Digital Image, s.v. ‘Daniel Donahue.”

Ancestry.com

American Biographical Publishing Co. BenchandBarofChicago. Chicago: H.C. Cooper, 1883. https://archive.org/details/benchbarofchica00chic.

“Asks Henning Particulars.” ChicagoExaminer. November 26, 1911. https://

www.newspapers.com/clip/80619187/asks-henning-particulars/.

“Attorneys for Funk Want Trial At Once.” InterOcean(Chicago). October 22, 1911.

https://www.newspapers.com/clip/80616450/attorneys-for-funk-want-trial-at-once/.

“Bill of Details To Be Given Funk.” ChicagoTribune. December 2, 1911. https://

www.newspapers.com/clip/80619737/bill-of-details-to-be-given-funk/.

“Character Murder.” ChicagoTribune. June 29, 1912. https://www.newspapers.com/clip/

79516163/character-murder/.

“Clarence S. Funk Is Named In $25,000 Suit By Injured Husband.” Inter Ocean (Chicago). October 15, 1911. https://www.newspapers.com/clip/78346199/clarence-s-funk-is-

named-in-25000/.

“C.S. Funk Files Depositions To Disprove ‘Alienation.’” ChicagoTribune. December 19, 1911. https://www.newspapers.com/clip/80621345/cs-funk-files-depositions-to-disprove/.

“Daniel Donahoe.” ChicagoEagle. June 23, 1900. https://www.newspapers.com/clip/

54177660/daniel-donahoe/.

“Daniel Donahoe Marries.” Dixon(IL)EveningTelegraph, June 1, 1899. https://

newspaperarchive.com/dixon~evening~telegraph~jun-01-1899-p-5/.

“Deaths – Teresa Donahoe.” InterOcean(Chicago). June 4, 1897. https://

www.newspapers.com/clip/78826774/deaths-teresa-donahoe/.

Detroit Publishing Co. “Bienville Hotel, Mobile, Ala.” Digital image. Library of Congress, 1901. https://www.loc.gov/item/2016808663/.

“Doesn’t Know Mrs. Henning.” NewYorkTimes, June 27, 1912. https://nyti.ms/3fkeLvu. “Expect Henning’s Here Today.” Chicago Tribune. October 20, 1911. https://

www.newspapers.com/clip/78346875/expect-hennings-here-today/.

Field, Roswell. “‘Lid’ Is Torn Off Inquiry Into Senator’s Election.” Chicago Examiner.

April 6, 1911. https://www.newspapers.com/clip/80573630/lid-is-torn-off-inquiry-into/. “Files New Bill Against Funk.” Chicago Tribune. December 21, 1911. https://

www.newspapers.com/clip/80621511/files-new-bill-against-funk/.

“Funk Calls Suit A Plot.” New York Times, October 16, 1911. https://nyti.ms/3fneCaN. “Funk Case Tried.” ChicagoTribune. June 25, 1912. https://www.newspapers.com/clip/

78347185/funk-case-tried/.

“Funk, Defendant in Alienation Suit, Calls It A Plot.” ChicagoTribune. October 15, 1911. https://www.newspapers.com/clip/79518004/funk-defendant-in-alienation-suit/.

“Funk Demands Trial But Fails.” ChicagoTribune. October 18, 1911. https://

www.newspapers.com/clip/78355106/funk-demands-trial-but-fails/.

“Funk Denies Charges, Asks Speedy Trial.” InterOcean(Chicago). October 18, 1911.

https://www.newspapers.com/clip/80615767/funk-denies-charges-asks-speedy-trial/.

“Funk On Stand This Mornng.” Inter Ocean(Chicago). October 24, 1911. https://

www.newspapers.com/clip/80617002/funk-on-stand-this-mornng/.

“Funk Suit Will Be Pressed By Henning.” InterOcean(Chicago). October 17, 1911.

https://www.newspapers.com/clip/78354854/funk-suit-will-be-pressed-by-henning/. “Funk’s Accuser Admits Identity.” ChicagoTribune. October 16, 1911. https://

www.newspapers.com/clip/78346442/funks-accuser-admits-identity/.

“Funk’s Accusers Fly From Mobile.” ChicagoTribune. October 19, 1911. https://

www.newspapers.com/clip/80615927/funks-accusers-fly-from-mobile/.

“Funk’s Lawyer Asks Bill of Particulars In Henning Suit.” InterOcean (Chicago).

November 26, 1911. https://www.newspapers.com/clip/80619344/funks-lawyer-asks-bill-of-

particulars/.

“Henning Delays His Funk Suit.” ChicagoTribune. October 25, 1911. https://

www.newspapers.com/clip/78346997/henning-delays-his-funk-suit/.

“Henning Trapped On Witness Stand.” ChicagoTribune. June 26, 1912. https://

www.newspapers.com/clip/79253343/henning-trapped-on-witness-stand/. “Jury Gets Funk Case Today.” Chicago Examiner, June 28, 1912.

“Local Items.” NotreDameScholastic, May 8, 1880. http://archives.nd.edu/Scholastic/

VOL_0013/VOL_0013_ISSUE_0035.pdf.

“Local Items.” NotreDameScholastic, May 29, 1880. http://archives.nd.edu/Scholastic/

VOL_0013/VOL_0013_ISSUE_0038.pdf.

“Marriage Licenses.” ChicagoTribune. August 19, 1886. https://www.newspapers.com/

clip/78827151/marriage-licenses/.

“Mystery Woman in Alienation Suit Against C.S. Funk.” ChicagoTribune. October 18, 1911. https://www.newspapers.com/clip/78355192/mystery-woman-in-alienation-suit/.

“Nearly Had A Fight.” Sterling(IL)DailyStandard, February 6, 1894. https://

newspaperarchive.com/sterling-daily-standard-feb-06-1894-p-2/.

“Ring Ticket Put Up.” Inter Ocean(Chicago). April 25, 1897. https://

www.newspapers.com/clip/80045635/ring-ticket-put-up/.

“Senate Committee Rejects Funk Plea.” InterOcean(Chicago). October 19, 1911.

https://www.newspapers.com/clip/80616253/senate-committee-rejects-funk-plea/.

“Sleuth Hired By Funk Tells Story.” InterOcean(Chicago). December 19, 1911. https://

www.newspapers.com/clip/80621078/sleuth-hired-by-funk-tells-story/.

“Sues Lorimer Witness.” NewYorkTimes, October 15, 1911. https://nyti.ms/34ft2Dx.

SEX, LIES, AND AFFIDAVITS: THE SEQUEL

July13, 2021

To recap last week’s episode:

  • Upright businessman Clarence Funk publicly claimed that U.S. Senator William Lorimer (the “Blond Boss”) had secured his seat by buying the votes of Illinois legislators
  • A few weeks later, attorney Daniel Donahoe filed a lawsuit claiming that Funk had debauched Josephine Henning, thereby ruining the marriage of Donahoe’s client, John Henning
  • Funk denied the allegations and insisted that the lawsuit was a transparent effort to ruin his reputation in retaliation for his claims against Lorimer
  • Josephine did not appear at trial; John could not support his claims and was eviscerated on the witness stand; Funk’s lawyers produced mountains of evidence contradicting Henning’s claims
  • The jury deliberated only a few minutes before declaring Clarence Funk the winner, Donahoe and Henning the losers
  • John Henning, sensing that he was about to be arrested for perjury, fled the courtroom.

All caught up? It gets even more entertaining. Spoiler alert – entertaining stories ripped from the headlines rarely have a happy ending for everyone involved, and that’s the case for attorney Daniel Donahoe. Read on anyway. This story involves many characters, and you will discover at the end a bit of poetic justice for the man who started it all.

Donahoe filed suit in October 1911; the trial was delayed until June 1912. In the intervening months John Henning (former bellboy) and his wife Josephine (former coat-checker) lived a life of luxury. They traveled under aliases and were frequently separated to keep the press off their scent, but they lived well. Under the names “Billie Harris,” “George S. Ball,” “Mickey,” and others they stayed at the swankiest hotels in New Orleans, Denver, Venice Beach, Chicago, and Atlantic City. All of their expenses were paid, plus they had some walking around money to boot. They were being paid to lay low and steer clear of the press.

John Henning’s traveling companion for much of the next several months was William

D. Bennett, a young attorney who had previously been engaged in matters involving Boss Lorimer’s associates. Bennett kept Henning flush with cash; it was Henning’s understanding that Bennett got the cash from Donahoe and that Donahoe was funded by Lorimer’s crew. Bennett was able to keep Henning tucked away until it was time for trial.

Josephine’s traveling companions, on the other hand, changed fairly frequently. This proved to be her undoing. Donahoe had no intention of making Josephine available for trial. He

personally introduced Josephine to her first chaperone (Mrs. Minnie Dowd), but Josephine complained frequently, reported that she was ill and needed rest at a spa, and seems overall to have been fairly high maintenance. As a result, she cycled through several companions over the following months. It’s hard to stay secluded when you’re making a lot of noise, and a private detective hired by Funk managed to track Josephine down in Atlantic City.

The agent befriended Josephine, enjoyed the high life with her, and tried her best to get Josephine to talk about the Funk matter in advance of trial. Josephine wouldn’t talk. That’s when the pool – which was already dirty – got downright nasty.

Josephine seemed to Funk’s planted “chaperone” like a decent, though misguided, young woman whose head had been turned by the opportunity to live well. How could she be coaxed into spilling the beans on the Funk scandal? Maybe if she became convinced that her own name was being ruined right alongside Clarence Funk’s. The problem for Funk was that the world was NOT saying anything negative about Josephine; she was portrayed in the press as an innocent dupe.

So Funk had the Chicago Examiner print a story purporting to cover the testimony of the Henning v. Funk trial but actually loaded with false and lurid details designed to provoke Josephine to break her silence and issue a denial. That’s right:

  • A mainstream news outlet (tagline “The Best Newspaper … For The Best Homes”)
  • printed a single copy of an edition
  • bearing a story which it knew to be false
  • for the sole purpose of coaxing Josephine Henning to speak.

Why? To sell papers, of course. To please Clarence Funk, who was paying them. And to take a swipe at Boss Lorimer, the corrupt U.S. Senator at the root of it all.

The ploy worked better than Funk or the Examiner could have hoped. When she read the “news” of the trial Josephine was horrified. She enjoyed a nice spa treatment as much as the next person, but this business had gone too far. Josephine contacted the newspaper, traveled from Atlantic City to New York, and told reporters and investigators that she had never met Clarence Funk. She had certainly not cavorted with him in boozy and smoke-filled hotel rooms as “revealed” at trial. Her lawyer, Daniel Donahoe, had promised that the case would never go to trial, and this was all his fault. Yes, she had signed an affidavit, but it had been prepared by Donahoe – and who reads such things? She never meant to hurt anybody. Josephine just wanted to go home. Now.

Her wish was granted. The events and multiple trials that followed are complex, involving dozens of characters across several jurisdictions. There is a book to be written, a movie to be made, and too much information to share in the format of this story. I will hit just a few of the highlights:

John Henning remained in hiding for over a year, although now in less glamorous locations (central Illinois, lumber camps in Minnesota). He was captured in Minneapolis in 1913 and offered a full confession of his role in framing Clarence Funk. He, like Josephine, received immunity in exchange for testifying against others involved in the plot.

Based on the testimony of the Hennings, Daniel Donahoe and two others were indicted for conspiracy to defame Clarence Funk. Donahoe did not take the stand on his own behalf, but he offered 73(!) character witnesses – including the sitting Mayor of Chicago – to prove that he

was an honorable man, incapable of having committed such treachery. The jury didn’t buy it. Donahoe was convicted, fined $2,000.00 (the maximum), and ultimately disbarred. He never revealed who was really behind the plot, but all evidence suggests the Lorimer gang was involved. The other two defendants were acquitted, including on charges of perjury; the State’s attorneys were not surprised. Juries did not have the stomach to send to the penitentiary a defendant who everyone knew to be a functionary, taking orders from much higher up, especially when Donahoe had received only a financial penalty.

During Donahoe’s trial a dozen witnesses that the State intended to call went “missing.” The most important of these was William Bennett, the attorney who raced to Mobile, Alabama at the beginning of the saga, directed the Hennings to get out of town, and served as John’s minder for several months before trial. He apparently continued in that role when Henning hid out after trial. When Henning was captured he held a check for $75 from Willliam D. Bennett, but when the conspiracy trial was conducted, the State could not find him.

I found him. He was in Portland, Oregon, along with his brothers, Harry and Pliny (yes, that’s his real name). Not coincidentally, they were sought as witnesses in the Donahoe trial as well. The family was from small town Indiana and had no prior connection to Portland; John Henning, on the other hand, was known to have visited Portland while hiding out, suggesting a Lorimer connection to the city. In any event, the clan Bennett moved to Portland en masse and was not located at the time for Donahoe’s trial. The State apparently lost interest after Donahoe’s conviction; the Bennetts certainly did not make any effort to hide. William D. Bennett lived a long and very public life in Portland, running for local office and practicing law until his death in 1941.

The marriage of John and Josephine did not last. John moved to Iowa, where he obtained a divorce from Josephine on the grounds of desertion. A few months later, Josephine filed for divorce from John – also on the grounds of desertion, and apparently unaware that she was already divorced. Each of them remarried and lived long and full lives.

Clarence Funk went on to continue with a very successful career in business, leaving a large estate to his family upon his death. As a result of Funk’s testimony, William Lorimer was expelled from the Senate. The expulsion hearings – in which the Henning-Funk-Donahoe scandal played a prominent role – added momentum to an initiative that would become the 17th Amendment to the U.S. Constitution. No longer would individuals like Boss Lorimer be able to obtain a seat in the world’s most exclusive club simply by bribing a few state legislators; senators would be chosen by direct popular election.

William Lorimer returned to the Windy City after being expelled from the Senate, not in disgrace but to an enthusiastic welcome by his cronies and the public. His hold over the city remained strong; his appetite for wealth and power was large. He founded a bank, bilked investors of millions of dollars, yet remained untouched by the law.

But the long finger of fate touched Lorimer, and it did so in a most unceremonious way.

Prepare to have an image indelibly planted in your mind. Lorimer and some colleagues were traveling; before the train departed the station, Lorimer visited the lavatory. That’s where he was discovered, dead of a heart attack, a few minutes later. The Blond Boss, recognized to this day as one of the most powerful and corrupt politicians in Chicago history, died in a public restroom at the train station.

It’s hard to believe, but I know it’s true. I read it in the newspaper.

SourcesandAdditional Reading

“$2,500 For Lorimer Vote.” NewYorkTimes, May 29, 1910. https://timesmachine.nytimes.com/

timesmachine/1910/05/29/105079509.html?pageNumber=2.

1900 U.S. Census, Sims, Grant County, Indiana, digital image, s.v. ‘Wm D Bennet.” Ancestry.com.

“1919 Census Supervisors Are Appointed.” Gazette-Times(Heppner,OR), August 21, 1919. https://newspaperarchive.com/other-articles-clipping-apr-29-1915-2474338/.

1920 U.S. Census, Chicago, Cook County, Illinois, digital image, s.v. ‘Daniel Donohue.”

Ancestry.com

“1920 U.S. Census, Portland, Multnomah County, Oregon, digital image, s.v. ‘William D Bennett,’” Ancestry.com

“About People.” HancockDemocrat(Greenfield,IN). January 28, 1909. https://

www.newspapers.com/clip/80046472/about-people/.

“Admitted to the Bar.” HancockDemocrat(Greenfield,IN). March 7, 1907. https://

www.newspapers.com/clip/78490181/admitted-to-the-bar/.

“After Others In Funk Plot.” New YorkTimes, October 4, 1913. http://

timesmachine.nytimes.com/timesmachine/1913/10/04/100279780.html.

“Another Witness Flees Funk Trial.” ChicagoTribune. November 2, 1913. https://

www.newspapers.com/clip/78469684/another-witness-flees-funk-trial/.

“Argues All Day Over Funk Case.” ChicagoTribune. October 7, 1913. https://

www.newspapers.com/clip/80045915/argues-all-day-over-funk-case/.  “Attorneys Appeal Disbarment.” ChicagoTribune. July 17, 1917. https://

www.newspapers.com/clip/78370856/attorneys-appeal-disbarment/.

“Bar Asks Disbarment of Donahoe, Funk Defamer.” ChicagoTribune. October 17, 1917.

https://www.newspapers.com/clip/78371073/bar-asks-disbarment-of-donahoe-funk/.

Bennett. “Marriage of Finley.” Leon(IA)Journal-Reporter. November 14, 1912. https://

www.newspapers.com/clip/78478187/marriage-of-finley-bennett/.

Brown, Elgar. “The Great Lorimer Frame-Up.” AmericanWeekly. August 18, 1946.

https://www.newspapers.com/clip/81387070/the-great-lorimer-frame-up/.

“‘Calendar Girl’ Takes Stand In Funk Plot Trial.” InterOcean(Chicago). November 5, 1913. https://www.newspapers.com/clip/78939227/calendar-girl/.

“Clarence Funk, Lorimer Case Figure, Dead.” ChicagoTribune. January 7, 1930. https://

www.newspapers.com/clip/78380456/clarence-funk-lorimer-case-figure-dead/. “Clarence Funk Will Is Filed.” ChicagoTribune. January 15, 1930. https://

www.newspapers.com/clip/78380773/clarence-funk-will-is-filed/.

“Confesses Funk Suit A Plot.” NewYorkTimes, July 10, 1912. https://nyti.ms/3hPpMXn. “Dan Donahoe Found Guilty.” Chicago Tribune. November 13, 1913. https://

www.newspapers.com/clip/79063398/dan-donahoe-found-guilty/.

“Daniel Donahoe, Lawyer In Funk Scandal, Is Dead.” ChicagoTribune. July 12, 1922.

https://www.newspapers.com/clip/51608282/daniel-donahoe-lawyer-in-funk-scandal/.

“Desertion Divorce Ground.” SiouxCityJournal. December 3, 1914. https://

www.newspapers.com/clip/79193459/desertion-divorce-ground/.

“Disbars Foe of Clarence Funk in Lorimer Case.” ChicagoTribune. April 7, 1921.

https://www.newspapers.com/clip/51642213/disbars-foe-of-clarence-funk-in-lorimer/. “Doctor Secretes Funk Witness.” ChicagoTribune. November 6, 1913. https://

www.newspapers.com/clip/79065351/doctor-secretes-funk-witness/.

“Donahoe And Aid Not To Testify In Own Defense.” InterOcean(Chicago). November 6, 1913. https://www.newspapers.com/clip/78369365/donahoe-and-aid-not-to-testify-in-own/.

“Donahoe Charges Venireman Asked To Help Defense.” InterOcean(Chicago). October 16, 1913. https://www.newspapers.com/clip/78677599/donahoe-charges-venireman-asked-to-

help/.

“Donahoe Guilty.” InterOcean(Chicago). November 13, 1913. https://

www.newspapers.com/clip/79040614/donahoe-guilty/.

“Donahoe Is Disbarred By The Supreme Court.” Dispatch(Moline,IL). April 6, 1921.

https://www.newspapers.com/clip/51641977/donahoe-is-disbarred-by-the-supreme/.  “Donahoe Must Pay Fine in Funk Case.” ChicagoExaminer, February 2, 1916. https://

newspaperarchive.com/other-articles-clipping-feb-02-1916-2490350/.

“Donahoe Verdict Affirmed.” Pittsburg(KS)Headlight. February 3, 1916. https://

www.newspapers.com/clip/78805142/donahoe-verdict-affirmed/.

“Former Iowa Girl Held For Perjury In Funk Case.” DesMoinesRegister. July 7, 1912.

https://www.newspapers.com/clip/81042066/former-iowa-girl-held-for-perjury-in/.

“Funk Case Witness Is Cleared Of Perjury.” SantaFeNewMexican. March 3, 1914.

https://www.newspapers.com/clip/81037697/funk-case-witness-is-cleared-of-perjury/.

“Funk Will Take Stand Today At His Own Request.” InterOcean(Chicago). November 4, 1913. https://www.newspapers.com/clip/78369185/funk-will-take-stand-today-at-his-own/.

“Funk’s Real Foe May Be Exposed.” ChicagoTribune. November 14, 1913. https://

www.newspapers.com/clip/79058236/funks-real-foe-may-be-exposed/.

“Guilty of Funk Conspiracy.” NewYorkTimes. November 13, 1913. https://nyti.ms/

3q6AHO4.

“Held For Plot Against Funk.” NewYorkTimes. August 1, 1912. https://nyti.ms/

37gQWQ3.

“Henning Caught By Burns’ Men?” ChicagoTribune. July 15, 1912. https://

www.newspapers.com/clip/78470065/henning-caught-by-burns-men/.

“Henning Caught In Minneapolis.” Dixon(IL)EveningTelegraph. October 2, 1913.

https://www.newspapers.com/clip/78860022/henning-caught-in-minneapolis/.

“Henning Confesses Funk Plot And Names Higher Ups.” ChicagoExaminer, October 3, 1913. https://newspaperarchive.com/chicago-examiner-oct-03-1913-p-1/.

“Hopes For Funk Jury Today.” ChicagoTribune. October 24, 1913. https://

www.newspapers.com/clip/79068852/hopes-for-funk-jury-today/.

“Hotel Arrivals.” SantaFeNewMexican. November 10, 1913. https://

www.newspapers.com/clip/81267198/hotel-arrivals/.

“Hotel Bellboys Shed More Light On Funk Plot Case.” ChicagoTribune. November 1, 1913. https://www.newspapers.com/clip/79066028/hotel-bellboys-shed-more-light-on-funk/.

“Indictment in Funk Case Is Attacked.” InterOcean(Chicago). October 8, 1913. https://

www.newspapers.com/clip/79069472/indictment-in-funk-case-is-attacked/. “Indicts Three For Funk Plot.” ChicagoTribune. August 1, 1912. https://

www.newspapers.com/clip/80035372/indicts-three-for-funk-plot/.

“John C. Henning Confesses Plot To Defame C.S. Funk.” ChicagoTribune. October 3, 1913. https://www.newspapers.com/clip/78368366/john-c-henning-confesses-plot-to/.

“John Henning Granted Divorce.” SiouxCityJournal. February 2, 1915. https://

www.newspapers.com/clip/80768713/john-henning-granted-divorce/.

“Josephine Henning Is Granted Divorce.” RockIsland(IL)Argus. May 5, 1915. https://

www.newspapers.com/clip/78805688/josephine-henning-is-granted-divorce/.

“Jury Hears Inside Story of Funk Plot.” ChicagoTribune. October 25, 1913. https://

www.newspapers.com/clip/79067153/jury-hears-inside-story-of-funk-plot/.

“Last Echo Of Funk Case.” Leavenworth(KS)Post. March 23, 1914. https://

www.newspapers.com/clip/78806304/last-echo-of-funk-case/.

“Legal Advisors Named By Board.” PortlandOregonian, December 16, 1917. “Lorimer A Senator.” New York Times, May 27, 1909. https://

timesmachine.nytimes.com/timesmachine/1909/05/27/101882557.html?pageNumber=6. “Lorimer Case Goes to Vote.” Los Angeles Times. July 11, 1912. https://

www.newspapers.com/clip/81255522/lorimer-case-goes-to-vote/.

“Lorimer Drops Dead in Depot.” Dispatch(Moline,IL). September 13, 1934. https://

www.newspapers.com/clip/81383747/lorimer-drops-dead-in-depot/.

“‘Man with the Bankroll’ Sought as Accomplice in Henning Case.” Chicago Tribune.

October 5, 1913. https://www.newspapers.com/clip/79116156/man-with-the-bankroll-sought-as/. “Marriage Licenses – Josephine O’Reilly and Albert H. Blair.” Indianapolis Star.

November 26, 1916. https://www.newspapers.com/clip/80963195/marriage-licenses-josephine-

oreilly/.

“Miss Aileen Heppner Former Iowa Girl.” Gazette(CedarRapids,IA). July 6, 1912.

https://www.newspapers.com/clip/81041916/miss-aileen-heppner-former-iowa-girl/.

“Mr. Bennett’s Charges.” OregonDailyJournal(Portland). October 23, 1920. https://

www.newspapers.com/clip/81246445/mr-bennetts-charges/.

“Mrs. Henning Admits Plot Against Funk.” ChicagoExaminer, July 9, 1912. “Mrs. Henning Tells Of Plot.” Chicago Tribune. February 25, 1914. https://

www.newspapers.com/clip/78370534/mrs-henning-tells-of-plot/.

“Mrs. Hennings Names Funk Foe Gobetween.” ChicagoExaminer, July 16, 1912. https://

newspaperarchive.com/other-articles-clipping-jul-16-1912-2472948/.

“Mrs. J.C. Henning, Funk Plot Figure, Sues For Divorce.” ChicagoTribune. February 21, 1915. https://www.newspapers.com/clip/78805932/mrs-jc-henning-funk-plot-figure/.

“New Evidence Aids Funk.” NewYorkTimes, July 12, 1912. https://nyti.ms/3wyo6FH. “News of the Day Concerning Chicago.” Day Book (Chicago). July 9, 1912. https://

www.newspapers.com/clip/78347255/news-of-the-day-concerning-chicago/.

“Old Case Against Funk Recalled.” SantaFeNewMexican. February 19, 1914. https://

www.newspapers.com/clip/81037546/old-case-against-funk-recalled/.

“Palmer In City Day Henning Told Of Scandal Plot.” ChicagoTribune. October 6, 1913.

https://www.newspapers.com/clip/79071096/palmer-in-city-day-henning-told-of/.

People v. Donahoe, 198 Ill. App. 1 (1916).

People v. Donahoe, 117 N.E. 105 (Ill. 1917).

“P.H. O’Donnell Counsel In Dynamiting Case.” IndianapolisNews. March 7, 1912.

https://www.newspapers.com/clip/78488588/ph-odonnell-counsel-in-dynamiting/.

“Pliny Bennett Resides Spokane.” DailyReporter(Greenfield,IN). August 24, 1916.

https://www.newspapers.com/clip/81252912/pliny-bennett-resides-spokane/.

“Pliny Bennett Visiting.” DailyReporter(Greenfield,IN). October 18, 1912. https://

www.newspapers.com/clip/80035459/pliny-bennett-visiting/.

“Political Chiefs of Long Ago at Lorimer Rites.” ChicagoTribune. September 18, 1934.

https://www.newspapers.com/clip/79340588/political-chiefs-of-long-ago-at-lorimer/.

“Portland Attorney Said In Line For Phillipine Post.” LaGrande(OR)Observer. January 10, 1939. https://www.newspapers.com/clip/78477333/portland-attorney-said-in-line-for/.

“Seek To Indict Man Higher Up In Funk Plot.” Chicago Tribune. July 10, 1912. https://

www.newspapers.com/clip/78347351/seek-to-indict-man-higher-up-in-funk/. “Senate Adopts Popular Vote.” NewYorkTimes, June 13, 1911. https://

timesmachine.nytimes.com/timesmachine/1911/06/13/104783915.html?pageNumber=1. “State’s Witnesses in Funk Conspiracy Case.” ChicagoTribune. October 25, 1913.

https://www.newspapers.com/clip/81243978/states-witnesses-infunk-conspiracy-case/. “Watch This Trial.” Chicago Tribune. September 16, 1913. https://

www.newspapers.com/clip/78347476/watch-this-trial/.

“Who Paid? Query In Funk Case.” ChicagoTribune. November 9, 1913. https://

www.newspapers.com/clip/78369724/who-paid-query-in-funk-case/.

“Wm. Lorimer, Once Senator, Dies in Station.” ChicagoTribune. September 14, 1934.

https://www.newspapers.com/clip/81383651/wm-lorimer-once-senator-dies-in/.

“Woman Witness For Funk Accuser Held As Perjurer.” ChicagoTribune. July 3, 1912.

https://www.newspapers.com/clip/80733322/woman-witness-for-funk-accuser-held-as/.

Faculty Behaving Oddly

FACULTY BEHAVING ODDLY

December19,2020

Today’s story takes us to 1922. Imagine that you are a Notre Dame law professor and your wife has just had her third child, a boy, when she informs you that you aren’t the father. She’s had an affair with one of your closest friends. What would you do?

When John Tiernan found himself in exactly that position he chose to file a paternity suit against the alleged father, seeking financial support for the cost of raising the child and garnering unimaginable publicity for himself and his wife. He chose poorly. Remember the adage that “there’s no such thing as bad publicity?” It didn’t hold true in this case.

I have so far described only the tip of what was to become a very large iceberg. Hang in there, gentle reader. Don your life vest, but don’t abandon ship. Read to the end and I promise you’ll stay happily afloat. First, however, we sail on choppy seas.

John Patrick Tiernan was born in 1890 to a prominent Staten Island family. He graduated from New York Law School and in 1914, when the number of Notre Dame law students required the university to expand its faculty, he made the move to South Bend.

During his first semester on campus John took a train trip to New York on a visit home. Sitting across from him was a pretty young woman who said she was having trouble opening the window; could he please help? (Note to students: In the days before the internet this is how people met and flirted. It was fun.) He lowered the window, she thanked him, and they began to chat. The woman was from Michigan; her name was Christine Augusta Jasper but just about everybody called her “Gussie.” A magical romance ensued and by the springtime they were married. Professor Tiernan’s first year at Notre Dame had been good.

As were the following few years. John and Gussie welcomed two daughters in 1918 and 1919. He flourished on campus, where his performance in the classroom was “at once the marvel and the despair of students.” Professor Tiernan provided public service talks to police officers, enjoyed the company of other South Bend families (especially Mr. & Mrs. Harry Poulin), and was active in Notre Dame student social activities. He was busy professionally, writing academic pieces concluding with a textbook entitled Conflict of Laws in 1921.

Which is how the trouble started. John Tiernan worked on his book for hours on end in 1920 and early 1921. In November 1921 Gussie delivered a baby boy named Billy. A few weeks later she delivered a bombshell to John: baby Billy was not Tiernan’s child but was instead the child of his friend Harry Poulin, with whom she had carried on an illicit affair. Why? Because John had been so consumed with his book that he did not take Gussie dancing. He did not make

her feel special. Harry Poulin did. (Note to faculty: put down the pen and go dancing once in awhile. It is fun.)

Not surprisingly, this bit of news did not go over well with John. To make matters worse, aside from a glowing review from a Notre Dame student his book was not well received. The dean of the University of Pennsylvania Law School noted several passages in which Prof.

Tiernan misstated the law and concluded that the “grave fault” of the book was the fundamental misimpression it conveyed of its subject matter. John was in a hole, personally and professionally. Unfortunately, he violated the first rule of holes: to stop digging.

He attempted to extract a financial settlement from Poulin, an effort that Poulin characterized as blackmail. When Poulin refused to pay, or even acknowledge that the child was his, Tiernan filed charges seeking financial support for his child. He also declared that he would use his best efforts to have Poulin “expelled from the community.” Just exactly what he intended is a bit unclear – I have searched in vain for Indiana laws governing “expulsion from the community” – but Tiernan was serious. After all, he had already spoken to members of the Elks Club, Optimists, and Knights of Columbus about the matter.

Then, only one week after filing charges, John Tiernan announced that he was withdrawing as counsel – but Gussie would pursue the case with the “wrathful vengeance of a woman scorned.” The following weeks were a spectacle perfectly suited for a hungry public that did not yet have daytime television. There was lurid testimony about Gussie’s late night rendezvous at Adler’s clothing store near campus, where Poulin worked; a near fistfight between attorneys during the trial; swooning on the witness stand; tales of “unholy love;” more swooning; seemingly endless interviews that John and Gussie granted to the press.

Why all the drama? How complicated could it be, in a pool of only two candidates, to determine whether Mr. A or Mr. B was the father of a child? In 1922 it was more complicated than you might think. Blood types (A, B, and O) had only recently been discovered, paternity tests by blood types were not conclusive, and courts routinely excluded any such evidence.

Testing of genetic markers on blood cells (HLA testing) was not available until the 1960s; definitive DNA testing did not exist until the 1980s. In 1922 the process had not progressed much from biblical times: failing any other evidence a judge determined whether the child more closely resembled Mr. A or Mr. B. If you have ever seen an infant alongside its parents then you know this is not a fool-proof system.

As the trial dragged on, a curious thing happened: Gussie told reporters that her love for John had “been reborn” amidst the challenges that they faced in public together. While they had informally separated for a few weeks, John told reporters that he and Gussie would remain married and together, regardless of the outcome of the trial.

After weeks of trial the disgusted judge (“Flays Both Principals” said the South Bend News-Times) issued his ruling: baby Billy was John Tiernan’s child. Like the familiar toast at a wedding reception, he didn’t lose a lawsuit – he gained a son!

Then things really got strange. Despite her professed reborn love, on October 6 Gussie filed a petition for divorce, which John told her he would not contest. When the matter came before the court it was continued for administrative reasons. That gave John an opening to file his own petition for divorce, which was granted by the court on November 24.

And voided two days later. Why? Because Gussie had not been present or represented by counsel at the November 24 hearing. By then, however, John reported that he had already

remarried. His new wife – the press referred to her as a “correspondence bride” – was Mrs. Blanche Hawn Rash Brimmer. The Chicago Tribune could not contain itself, screaming “TIERNAN NOW HAS TWO WIVES” on the front page, in typeface reminiscent of “MAN WALKS ON MOON.”

John’s second marriage didn’t last long. Blanche wrote “I am through with you for good and wish to have nothing further to do with you or your kind. I would not wipe my feet on you.” They had been married for one day.

John returned to Gussie for what must have been a truly memorable Thanksgiving in South Bend. They reconciled and soon relocated to New York to be near John’s family. Billy and his sisters grew up near aunts, uncles, and cousins. I wish I could say that this is the happy ending, but it isn’t. John could not put down the shovel; he kept digging a deeper hole for himself. A few years after arriving in New York he was charged with unethical conduct in the practice of law – the details involved a handgun and a demand for funds – and his license was suspended. He died in 1935 of an apparent heart attack. Gussie had stood by him throughout. He was only 45.

But I can deliver on my promise. You want happy? John had embraced Billy as his own child, despite whatever doubts may have lingered in his mind after Gussie’s revelation of her affair. Billy served as an ambulance driver during World War II; he was an excellent student, graduated from Fordham University and Columbia Law School, married, and practiced law in Los Angeles for decades. When he retired he moved to Gig Harbor, Washington where he and his son owned a marina together. Celebrating Billy’s life, the Los Angeles Times wrote in his

obituary that although he was “born in South Bend, Indiana he was raised in Flatbush, New York and died like the true son of Brooklyn that he was, on the handball court,” a life fully lived.

Thanks for staying on board. We are in fair seas with a following wind. It’s time to take off your life vest and smile.

*An earlier version of this story may be found in Story Time – The Complete Collection: Strange But True Stories Of Early Notre Dame Lawyers (Checkerboard Heart: 2021), available to download for free on Amazon and Google

SourcesandAdditional Reading

“2 Lawyers Suspended.” NewYorkTimes. June 14, 1931. https://nyti.ms/2VcgqYY.

“5 Richmond Lawyers Are Cited By Court.” NewYorkTimes. October 11, 1930. https://

timesmachine.nytimes.com/timesmachine/1930/10/11/102169207.pdf?pdf_redirect=true&ip=0. “09/11/1922: #ND Prof John Tiernan Drops Prosecution against Harry Poulin in a

Paternity Case That Garnered Natl Attn Http://Bit.Ly/1tNc0FP.” Facebook post. University of NotreDameArchives, September 11, 2014. https://www.facebook.com/notredamearchives/posts/

930931100268863.

1920 U.S. Census, South Bend, St. Joseph County, Indiana, Digital Image, s.v. ‘John P.

Tiernon.’” Ancestry.com

“Accuser Suffers Collapse.” SouthBendNews-Times. September 26, 1922. https://

www.newspapers.com/clip/60031517/accuser-suffers-collapse/.

“Alibi for Poulin Offered by Wife on Witness Stand.” SouthBendNews-Times.

September 22, 1922. https://www.newspapers.com/clip/60022575/alibi-for-poulin-offered-by-

wife-on/.

“Arrest of Poulin Follows Tiernan’s Charges Saturday.” South Bend News-Times. September 3, 1922. https://www.newspapers.com/clip/60008016/arrest-of-poulin-follows-

tiernans/.

“Await Judge’s Decision as to Child’s Father.” SouthBendNews-Times. September 30, 1922. https://www.newspapers.com/clip/60032431/await-judges-decision-as-to-childs/.

“Bar Public From Court Room.” SouthBendNews-Times. September 23, 1922. https://

www.newspapers.com/clip/60030971/bar-public-from-court-room/.

“Board of Works Prohibits Spectators at Hearing of Tiernan-Poulin Baby Case.” South BendNews-Times. September 23, 1922. https://www.newspapers.com/clip/60031009/board-of-

works-prohibits-spectators-at/.

“Breaks Poulin Testimony.” SouthBendNews-Times. September 27, 1922. https://

www.newspapers.com/clip/60031949/breaks-poulin-testimony/.

“Brother of Notre Dame Professor to Assist in Poulin Prosecution.” Indianapolis Star.

September 8, 1922. https://www.newspapers.com/clip/59791052/brother-of-notre-dame-

professor-to/.

Buckley, John J. “Editorials – Prof. Tiernan’s Book.” NotreDameLawReporter3, no. 1 (November 1921): 29. https://scholarship.law.nd.edu/cgi/viewcontent.cgi?

article=1026&context=ndlaw_reporter.

“Bulletin.” SouthBendNews-Times. November 26, 1922. https://www.newspapers.com/

clip/60033449/bulletin/.

“Call Mrs. Tiernan Back.” SouthBendTribune. September 26, 1922. https://

www.newspapers.com/clip/59795320/call-mrs-tiernan-back/.

“Charge of Gunplay Denied by Lawyer.” TimesUnion(Brooklyn,NY). January 23, 1931.

https://www.newspapers.com/clip/59802432/charge-of-gunplay-denied-by-lawyer/.

“City Fathers Object To Use Of Chambers For Hearing.” SouthBendNews-Times.

September 19, 1922. https://www.newspapers.com/clip/60021030/city-fathers-object-to-use-of-

chambers/.

“City Hall Is in Confusion as Case Opens.” SouthBendTribune. September 18, 1922.

https://www.newspapers.com/clip/60007489/city-hall-is-in-confusion-as-case-opens/. “Clergyman May Be Witness in Paternity Case.” SouthBendNews-Times. September 17,

1922. https://www.newspapers.com/clip/60008934/clergyman-may-be-witness-in-paternity/. “Correspondence Bride of a Day.” SouthBendNews-Times. November 28, 1922. https://

www.newspapers.com/clip/60033589/correspondence-bride-of-a-day/.

“Counsel for Defense.” SouthBendNews-Times. September 27, 1922. https://

www.newspapers.com/clip/60032082/counsel-for-defense/.

“Court Room Scenes During Tiernan-Poulin Hearing.” SouthBendTribune. September 22, 1922. https://www.newspapers.com/clip/59793881/court-room-scenes-during-tiernan-

poulin/.

“Court Verdict Suspends Two Boro Lawyers.” Brooklyn(NY)Citizen. June 14, 1931.

https://www.newspapers.com/clip/60104027/court-verdict-suspends-two-boro-lawyers/. “Crowds, Kept from Scene of Hearing, Pass Judgment on Two Principals.” SouthBend

News-Times. September 19, 1922. https://www.newspapers.com/clip/60021320/crowds-kept-

from-scene-of-hearing/.

“Decision Ends Long Ordeal.” SouthBendNews-Times. October 1, 1922. https://

www.newspapers.com/clip/60032821/decision-ends-long-ordeal/.

“Denies ‘Love Trysts.’” SouthBendNews-Times. September 26, 1922. https://

www.newspapers.com/clip/60031537/denies-love-trysts/.

“Divorce Takes Hour.” SouthBendTribune. November 24, 1922. https://

www.newspapers.com/clip/59796360/divorce-takes-hour/.

“Divorce Voided as Professor Takes a Bride.” ChicagoTribune. November 26, 1922.

https://www.newspapers.com/clip/60103309/divorce-voided-as-professor-takes-a/.

“Dr. Rauschenberg to Introduce Practice of Dr. Abram’s Theories.” SouthBendNews- Times. September 30, 1922. https://www.newspapers.com/clip/60032526/dr-rauschenberg-to-

introduce-practice/.

“DuComb Gets Tiernan Case – Mishawaka Girl Threatens Start of Similar Courtroom Fray.” SouthBendTribune. September 14, 1922. https://www.newspapers.com/clip/60007731/

ducomb-gets-tiernan-case-mishawaka/.

“Dykman To Aid in Court Inquiry of Lawyers’ Acts.” Brooklyn(NY)DailyEagle. November 9, 1929. https://www.newspapers.com/clip/59802675/dykman-to-aid-in-court-

inquiry-of/.

Edmundson, Delmar J. “Notre Dame’s Legal Renaissance.” NotreDameLawReporter1, no. 1 (April 1920): 57–58. http://hdl.handle.net/2027/uc1.b4408430.

“Final Witnesses for Both Parties on Stand Tuesday.” SouthBendNews-Times.

September 27, 1922. https://www.newspapers.com/clip/60032121/final-witnesses-for-both-

parties-on/.

Fletcher, Beulah Brown. “Analyst Cites Rule of ‘Like Seeking Like.’” SouthBendNews- Times. September 21, 1922. https://www.newspapers.com/clip/60021976/analyst-cites-rule-of-

like-seeking/.

Geisel, James. TheTiernanAffair. Stage production. Saint Mary’s College, Notre Dame, Ind.: Moreau Little Theater, 2010. https://www.abouttheartists.com/productions/101108-the-

tiernan-affair-at-moreau-little-theatre-2010.

“Goes on Stand as Initial Witness for Defense Side.” SouthBendNews-Times. September 22, 1922. https://www.newspapers.com/clip/60022600/goes-on-stand-as-initial-witness-for/.

“Harry Poulin Defends His Innocence on Witness Stand.” South Bend News-Times. September 26, 1922. https://www.newspapers.com/clip/60031828/harry-poulin-defends-his-

innocence-on/.

“Harry Poulin Hears Mrs. Tiernan Tell in Detail of Their Sensational Affair.” SouthBend Tribune. September 19, 1922. https://www.newspapers.com/clip/60006663/harry-poulin-hears-

mrs-tiernan-tell-in/.

“Harry Poulin to Take Stand in Own Defense.” SouthBendNews-Times. September 16, 1922. https://www.newspapers.com/clip/60008854/harry-poulin-to-take-stand-in-own/.

“Hearing Today May Be Climax in Poulin Case.” South Bend News-Times. September 18, 1922. https://www.newspapers.com/clip/60009014/hearing-today-may-be-climax-in-poulin/.

“Higher Court May Try Tiernan Paternity Tilt.” SouthBendTribune. September 28, 1922. https://www.newspapers.com/clip/59794030/higher-court-may-try-tiernan-paternity/.

Hughes, Andrew S. “Spotlights: James Geisel.” Arts Everywhere: Community FoundationofSt.JosephCounty,Ind., March 2012. https://d10k7k7mywg42z.cloudfront.net/

assets/4f58e0eedabe9d3766021850/arts_everywhere_march_2012a.pdf.

“‘I Am Mrs. Tiernan,’ Says Mrs. Brimmer.” NewYorkTimes. November 29, 1922.

https://nyti.ms/3780RHy.

“In Again – Out Again, Now Gone Again Tiernans.” DailyNews(NewYork,NY).

December 24, 1922. https://www.newspapers.com/clip/60101321/in-again-out-again-now-gone-

again/.

“Intimate Details of Romance Given by Mrs. Tiernan.” SouthBendNews-Times.

September 19, 1922. https://www.newspapers.com/clip/60021114/intimate-details-of-romance-

given-by/.

“John P. Tiernan Dead.” NewYorkTimes. March 6, 1935. https://nyti.ms/3n0e9NB. “Joins N.D. Law Faculty.” South Bend News-Times. October 8, 1914. https://

www.newspapers.com/clip/59789825/joins-nd-law-faculty/.

“J.P. Tiernan Here For A New Start.” NewYorkTimes. December 9, 1922. https://

nyti.ms/3nZ5V7W.

“J.P. Tiernan’s Trial Begins.” NewYorkTimes. January 23, 1931. https://

timesmachine.nytimes.com/timesmachine/1931/01/23/129138552.pdf?pdf_redirect=true&ip=0. “Judge Discharges Defendant, Flays Both Principals.” SouthBendNews-Times. October

1, 1922. https://www.newspapers.com/clip/60032966/judge-discharges-defendant-flays-both/.

“Lawyers’ Grilling Fails to Change Mrs. Tiernan’s Story; Repeats Details of Charges.”

SouthBendNews-Times. September 20, 1922. https://www.newspapers.com/clip/60021550/

lawyers-grilling-fails-to-change-mrs/.

“Legal Heads Ready For Tiernan Trial.” SouthBendTribune. September 15, 1922.

https://www.newspapers.com/clip/60007603/legal-heads-ready-for-tiernan-trial/.

“Listening to the Judge’s Decision.” SouthBendNews-Times. October 1, 1922. https://

www.newspapers.com/clip/60032985/listening-to-the-judges-decision/.

“Local News.” NotreDameScholastic. October 10, 1914. http://archives.nd.edu/

Scholastic/VOL_0048/VOL_0048_ISSUE_0004.pdf.

“Love for Tiernan Reborn by Trial, Wife Intimates.” SouthBendNews-Times. September 22, 1922. https://www.newspapers.com/clip/60083089/love-for-tiernan-reborn-by-trial-wife/.

“‘Man as Well as Woman Must Pay,’ Mrs. Tiernan Declares.” SouthBendNews-Times. September 8, 1922. https://www.newspapers.com/clip/60008295/man-as-well-as-woman-must-

pay-mrs/.

“May Be Next Witness Called.” SouthBendNews-Times. September 21, 1922. https://

www.newspapers.com/clip/60022079/may-be-next-witness-called/.

“May Impeach Mrs. Poulin.” SouthBendTribune. September 22, 1922. https://

www.newspapers.com/clip/59793708/may-impeach-mrs-poulin/.

Mikell, William. “Book Review: The Conflict of Laws by John P. Tiernan.” Penn.L. Rev. 70, no. 4 (May 1922): 355. https://www.jstor.org/stable/3314146.

“Mrs. Augusta Tiernan Relates Amazing Story in Court.” SouthBendTribune. November 26, 1922. https://www.newspapers.com/clip/59797025/mrs-augusta-tiernan-relates-amazing/.

“Mrs. John P. Tiernan in Exclusive Interview Sounds Warning to Young People.” South Bend Tribune. September 6, 1922. https://www.newspapers.com/clip/59792072/mrs-john-p-

tiernan-in-exclusive/.

“Mrs. Poulin Is First Witness for Defendant.” SouthBendNews-Times. September 22, 1922. https://www.newspapers.com/clip/60022400/mrs-poulin-is-first-witness-for/.

“Mrs. Poulin Sobs as Sister, Star Witness, Faints.” SouthBendNews-Times. September 24, 1922. https://www.newspapers.com/clip/60031385/mrs-poulin-sobs-as-sister-star/.

“Mrs. Poulin, Wife of Accused Man, Disclaims Testimony Given by Tiernans.” South Bend News-Times. September 22, 1922. https://www.newspapers.com/clip/60022492/mrs-

poulin-wife-of-accused-man/.

“Mrs. Tiernan Collapses.” SouthBendTribune. September 19, 1922. https://

www.newspapers.com/clip/60005665/mrs-tiernan-collapses/.

“Mrs. Tiernan in Tears as Crowds Storm Court Room and Delay Opening of Trial Proceedings.” SouthBendTribune. September 18, 1922. https://www.newspapers.com/clip/

60007454/mrs-tiernan-in-tears-as-crowds-storm/.

“Mrs. Tiernan Now Sues For Divorce.” NewYorkTimes. October 8, 1922. https://

nyti.ms/380pJCL.

“Mrs. Tiernan Reiterates Story of Her Illicit Romance.” SouthBendNews-Times.

September 20, 1922. https://www.newspapers.com/clip/60021593/mrs-tiernan-reiterates-story-

of-her/.

“Mrs. Tiernan Tells Detailed Story of Transgression.” SouthBendNews-Times.

September 19, 1922. https://www.newspapers.com/clip/60021201/mrs-tiernan-tells-detailed-

story-of/.

“Mrs. Tiernan Tells of Poulin Affair.” NewYorkTimes. September 7, 1922. https://

nyti.ms/3mezi5B.

“Mrs. Tiernan Tells Story of Her Shame.” SouthBendTribune. September 19, 1922.

https://www.newspapers.com/clip/60007419/mrs-tiernan-tells-story-of-her-shame/.

“Mrs. Tiernan to Face Ordeal of Hearing Calmly.” SouthBendNews-Times. September 19, 1922. https://www.newspapers.com/clip/60021379/mrs-tiernan-to-face-ordeal-of-hearing/.

“Mrs. Tiernan To Fight Her Case Through to End.” SouthBendNews-Times. September 12, 1922. https://www.newspapers.com/clip/60008555/mrs-tiernan-to-fight-her-case-through/.

“Mrs. Tiernan to Leave City After Verdict Is Given.” SouthBendNews-Times.

September 29, 1922. https://www.newspapers.com/clip/60032311/mrs-tiernan-to-leave-city-

after/.

“Name City Judge for Baby Case.” SouthBendTribune. September 14, 1922. https://

www.newspapers.com/clip/60007677/name-city-judge-for-baby-case/.

“Near Fist Fight in Court.” SouthBendTribune. September 20, 1922. https://

www.newspapers.com/clip/59793378/near-fist-fight-in-court/.

“New Attorney Joins Defense Contd.” SouthBendNews-Times. September 11, 1922.

https://www.newspapers.com/clip/60008503/new-attorney-joins-defense-contd/.

“New Law May Rule In Tiernan Divorce Suit.” South Bend Tribune. November 22, 1922. https://www.newspapers.com/clip/59796204/new-law-may-rule-in-tiernan-divorce-suit/.

“New Rift Menaces Tiernan Harmony.” NewYorkTimes. November 28, 1922. https://

nyti.ms/3mbUlFW.

New York Law School. Student Ledger,Book6, 1912. https://digitalcommons.nyls.edu/

ledger_book_6/64.

“News-Times Camera Man Snaps Court Room Scene as Judge Renders Verdict in Tiernan-Poulin Case.” SouthBendNews-Times. October 1, 1922. https://www.newspapers.com/

clip/60032673/news-times-camera-man-snaps-court-room/.

“No Sign of Recognition Shown as Accuser and Accused Touch Elbows in Court.” South BendNews-Times. September 22, 1922. https://www.newspapers.com/clip/60022359/no-sign-of-

recognition-shown-as-accuser/.

“Notre Dame Announces Complete Faculty List.” SouthBendTribune. September 10, 1921. https://www.newspapers.com/clip/59790463/notre-dame-announces-complete-faculty/. “Notre Dame Announces Complete Faculty List.” South Bend Tribune. September 10,

1922. https://www.newspapers.com/clip/59792585/notre-dame-announces-complete-faculty/. “Notre Dame Professor Weds.” Indianapolis News. April 10, 1915. https://

www.newspapers.com/clip/59789918/notre-dame-professor-weds/. “Obituaries.” LosAngelesTimes. October 27, 1996, sec. B. https://

www.newspapers.com/clip/59804330/obituaries/.

“Offers Alibi for Husband on Nights Mrs. Tiernan Charged They Held Their Love Trysts.” SouthBendNews-Times. September 22, 1922. https://www.newspapers.com/clip/

60022448/offers-alibi-for-husband-on-nights-mrs/.

“Other Relatives of Poulin Take Stand in His Behalf.” SouthBendNews-Times.

September 24, 1922. https://www.newspapers.com/clip/60031354/other-relatives-of-poulin-take-

stand-in/.

“Outcome of Paternity Case May Cause Final Separation of Tiernans.” SouthBendNews- Times. September 20, 1922. https://www.newspapers.com/clip/60021719/outcome-of-paternity-

case-may-cause/.

“Plan Open Trial of Tiernan Baby Case on Monday.” SouthBendNews-Times.

September 15, 1922. https://www.newspapers.com/clip/60008815/plan-open-trial-of-tiernan-

baby-case-on/.

“Police Officers Should Have Knowledge of Laws.” SouthBendTribune. April 28, 1922.

https://www.newspapers.com/clip/59790713/police-officers-should-have-knowledge/. “Police Protect Poulin Home.” SouthBendNews-Times. October 10, 1922. https://

www.newspapers.com/clip/60033171/police-protect-poulin-home/.

“Poulin Affair Won’t Break Up Family Circle.” TelegraphLeader(Dubuque,IA).

September 24, 1922. https://newspaperarchive.com/other-articles-clipping-

sep-24-1922-2087979/.

“Poulin and Professor’s Wife Awaiting Decision.” SouthBendTribune. September 29, 1922. https://www.newspapers.com/clip/59795875/poulin-and-professors-wife-awaiting/.

“Poulin Forgotten as Crowd in Court Room Shows Sympathy to Mrs. Tiernan, Broken by Ruling.” South Bend News-Times. October 1, 1922. https://www.newspapers.com/clip/

60032748/poulin-forgotten-as-crown-in-court-room/.

“Poulin Hearing Almost Certain To Be Delayed.” SouthBendNews-Times. September 14, 1922. https://www.newspapers.com/clip/60008675/poulin-hearing-almost-certain-to-be/.

“Poulin Is Acquitted in Paternity Trial.” NewYorkTimes. October 1, 1922. https://

nyti.ms/3lc60mZ.

“Poulin Leaving Court Room.” SouthBendNews-Times. September 15, 1922. https://

www.newspapers.com/clip/60008793/poulin-leaving-court-room/.

“Poulin Seeks Venue Change During Trial.” SouthBendTribune. September 12, 1922.

https://www.newspapers.com/clip/59792950/poulin-seeks-venue-change-during-trial/. “Poulin’s Kin Faints.” South Bend News-Times. September 26, 1922. https://

www.newspapers.com/clip/60031783/poulins-kin-faints/.

“Poulin’s Wife to His Rescue.” SouthBendNews-Times. September 22, 1922. https://

www.newspapers.com/clip/60022339/poulins-wife-to-his-rescue/.

“Principals Leaving Court.” SouthBendNews-Times. September 27, 1922. https://

www.newspapers.com/clip/60032027/principals-leaving-court/.

“Principals Rest after Verdict; Appeal Likely.” SouthBendNews-Times. October 1, 1922.

https://www.newspapers.com/clip/60033049/principals-rest-after-verdict-appeal/.

“Prof. Tiernan Declares on Stand That Poulin Admitted Being Child’s Father.” South Bend News-Times. September 21, 1922. https://www.newspapers.com/clip/60022055/prof-

tiernan-declares-on-stand-that/.

“Prof. Tiernan Disappointed at Delay in Poulin Hearing.” SouthBendNews-Times.

September 6, 1922. https://www.newspapers.com/clip/60008225/prof-tiernan-disappointed-at-

delay-in/.

“Prof. Tiernan Quits Case.” SouthBendTribune. September 11, 1922. https://

www.newspapers.com/clip/60007783/prof-tiernan-quits-case/.

“Prof. Tiernan to Resume Duties at University Today.” SouthBendNews-Times.

September 28, 1922. https://www.newspapers.com/clip/60032220/prof-tiernan-to-resume-duties-

at/.

“Prof. Tiernan’s ‘Complex’ Saved From Alienists.” ChicagoTribune. January 14, 1923.

https://www.newspapers.com/clip/59881426/prof-tiernans-complex-saved-from/. “Professor Recounts Effort to Make Accused Man Pay.” SouthBendNews-Times.

September 21, 1922. https://www.newspapers.com/clip/60022222/professor-recounts-effort-to-

make/.

“Professor Repudiates Child.” SouthBendNews-Times. September 3, 1922. https://

www.newspapers.com/clip/60007990/professor-repudiates-child/.

“Reconciliation Not Assured.” SouthBendNews-Times. September 24, 1922. https://

www.newspapers.com/clip/60031174/reconciliation-not-assured/.

“Relatives of Poulin Appear as Witnesses.” South Bend News-Times. September 23, 1922. https://www.newspapers.com/clip/60031040/relatives-of-poulin-appear-as-witnesses/.

“Relatives of Poulin Appear on Witness Stand Friday.” SouthBendNews-Times.

September 23, 1922. https://www.newspapers.com/clip/60031119/relatives-of-poulin-appear-on-

witness/.

“Relatives of Poulin Testify.” SouthBendNews-Times. September 24, 1922. https://

www.newspapers.com/clip/60031325/relatives-of-poulin-testify/.

“Revoke’s Tiernan’s Divorce.” SouthBendNews-Times. November 26, 1922. https://

www.newspapers.com/clip/60033438/revokes-tiernans-divorce/.

“Rush to Scene after Message Conveys Threat.” SouthBendNews-Times. October 10, 1922. https://www.newspapers.com/clip/60033233/rush-to-scene-after-message-conveys/.

“Says Poulin Admitted Guilt.” SouthBendNews-Times. September 21, 1922. https://

www.newspapers.com/clip/60021833/says-poulin-admitted-guilt/.

“Says Poulin Admitted Paternity Charge.” NewYorkTimes. September 21, 1922. https://

timesmachine.nytimes.com/timesmachine/1922/09/21/99076291.pdf?pdf_redirect=true&ip=0. “Serious Charge Made Against Harry Poulin.” SouthBendTribune. September 3, 1922.

https://www.newspapers.com/clip/59986727/serious-charge-made-against-harry-poulin/. “Society.” SouthBendTribune. April 18, 1921. https://www.newspapers.com/clip/

59790170/society/.

“Telling the News With Pictures.” VancouverDailyWorld. December 16, 1922. https://

www.newspapers.com/clip/65589039/telling-the-news-with-pictures/.

“Tells Court of ‘Unholy Love.’” SouthBendNews-Times. September 19, 1922. https://

www.newspapers.com/clip/60021071/tells-court-of-unholy-love/.

“Tests of Eyes May Aid Court in ‘Baby’ Case.” SouthBendNews-Times. September 9, 1922. https://www.newspapers.com/clip/60008335/tests-of-eyes-may-aid-court-in-baby/.

“Three Chief Witnesses for Defense Include Harry Poulin, His Wife and Leah Hankey.”

SouthBendNews-Times. September 23, 1922. https://www.newspapers.com/clip/60030916/

three-chief-witnesses-for-defense/.

“Tiernan Crazy, Relative Says; Seeks Arrest.” SouthBendTribune. December 2, 1922.

https://www.newspapers.com/clip/59797496/tiernan-crazy-relative-says-seeks/.

“Tiernan Decree Not by Default.” SouthBendTribune. November 11, 1922. https://

www.newspapers.com/clip/59796072/tiernan-decree-not-by-default/.

“Tiernan Dies.” SouthBendTribune. March 6, 1935. https://www.newspapers.com/clip/

59802011/tiernan-dies/.

“Tiernan, Disbarred Lawyer, Reinstated.” TimesUnion(Brooklyn,NY). October 7, 1932.

https://www.newspapers.com/clip/59803331/tiernan-disbarred-lawyer-reinstated/. “Tiernan Divorce Revoked.” SouthBendTribune. November 26, 1922. https://

www.newspapers.com/clip/59796885/tiernan-divorce-revoked/.

“Tiernan Fighting for Integrity and Morality of Home.” SouthBendNews-Times.

September 4, 1922. https://www.newspapers.com/clip/60008099/tiernan-fighting-for-integrity-

and/.

“Tiernan Files Suit Against Last Wife.” NewYorkTimes. December 11, 1922. https://

nyti.ms/2Jefp0j.

“Tiernan Goes Back to His First Wife.” NewYorkTimes. November 27, 1922. https://

nyti.ms/382YpE3.

“Tiernan Here Forever – Aye! And For a Day.” DailyNews(NewYork,NY). December 10, 1922. https://www.newspapers.com/clip/60101971/tiernan-here-forever-aye-and-for-a/.

Tiernan, John P. “A National Divorce Law.” NotreDameLawReporter2, no. 3 (April 1921): 39–41. http://hdl.handle.net/2027/uc1.b4408430.

———. ConflictofLaws. Chicago: Callaghan & Co., 1921. https://books.google.com/

books?id=mw01AAAAIAAJ.

“Tiernan Now Has Two Wives.” ChicagoTribune. November 26, 1922. https://

www.newspapers.com/clip/60103158/tiernan-now-has-two-wives/.

“Tiernan Ready to Present Evidence at Hearing Today.” South Bend News-Times. September 5, 1922. https://www.newspapers.com/clip/60008189/tiernan-ready-to-present-

evidence-at/.

“Tiernan Still Holds Forth as Prodigal Mate.” SouthBendNews-Times. November 28, 1922. https://www.newspapers.com/clip/60033626/tiernan-still-holds-forth-as-prodigal/.

“Tiernan Tells of Confronting Him in January.” SouthBendNews-Times. September 21, 1922. https://www.newspapers.com/clip/60022178/tiernan-tells-of-confronting-him-in/.

“Tiernan Wed Again, Divorce Set Aside.” NewYorkTimes. November 26, 1922. https://

nyti.ms/33nrBCH.

“Tiernan-Poulin Hearing Develops Into Most Dramatic Battle Between Attorneys.” South Bend Tribune. September 20, 1922. https://www.newspapers.com/clip/59793541/tiernan-poulin-

hearing-develoops-into/.

“Tiernans Again Happy; Prepare ‘Turkey’ Dinner Part 1.” SouthBendNews-Times.

November 30, 1922. https://www.newspapers.com/clip/60033721/tiernans-again-happy-prepare-

turkey/.

“Tiernans Finally Leave City; Lecture Tour Is Planned.” SouthBendTribune. December 1, 1922. https://www.newspapers.com/clip/59797283/tiernans-finally-leave-city-lecture/.

“Tiernans Joined Now ‘For Good’; May Go On Stage.” ChicagoTribune. November 30, 1922. https://www.newspapers.com/clip/59881972/tiernans-joined-now-for-good-may-go/.

“Tiernans Lose Decision.” SouthBendTribune. September 30, 1922. https://

www.newspapers.com/clip/59795670/tiernans-lose-decision/.

“Tiernans May Separate After Hearing Closes.” SouthBendNews-Times. September 24, 1922. https://www.newspapers.com/clip/60031299/tiernans-may-separate-after-hearing/.

“Tiernans of Paternity Case Notoriety Found Living in ‘Village’ Hotel.” Buffalo (NY) Courier. December 21, 1922. https://www.newspapers.com/clip/60101559/tiernans-of-paternity-

case-notoriety/.

“Tiernans Reconciled.” SouthBendNews-Times. November 27, 1922. https://

www.newspapers.com/clip/60033497/tiernans-reconciled/.

“To Ask Second Venue Change Contd.” SouthBendNews-Times. September 13, 1922.

https://www.newspapers.com/clip/60008643/to-ask-second-venue-change-contd/. “To Hear Case.” South Bend News-Times. September 16, 1922. https://

www.newspapers.com/clip/60008843/to-hear-case/.

“Under the Dome.” NotreDameScholastic. March 4, 1922. http://www.archives.nd.edu/

Scholastic/VOL_0055/VOL_0055_ISSUE_0020.pdf.

“Wife of Professor Relates Poulin’s Alleged Misdeeds.” SouthBendNews-Times.

September 19, 1922. https://www.newspapers.com/clip/60021276/wife-of-professor-relates-

poulins/.

“Wife Says She Will Make Her Fight Unaided.” SouthBendTribune. September 11, 1922. https://www.newspapers.com/clip/60007803/wife-says-she-will-make-her-fight/.

“Witness Again Tells Story of Illicit Love.” SouthBendNews-Times. September 20, 1922. https://www.newspapers.com/clip/60021512/witness-again-tells-story-of-illicit/.

“Witness and Scene at Hearing.” SouthBendNews-Times. September 24, 1922. https://

www.newspapers.com/clip/60031457/witness-and-scene-at-hearing/.

“Woman Undergoes Gruelling Examination By Attorneys.” SouthBendNews-Times.

September 20, 1922. https://www.newspapers.com/clip/60021649/woman-undergoes-gruelling-

examination/.

“Woman’s Testimony Unshaken.” SouthBendNews-Times. September 20, 1922. https://

www.newspapers.com/clip/60021485/womans-testimony-unshaken/.

“‘You’re a Liar,’ Accuser Shrieks at Poulin.” SouthBendNews-Times. September 26, 1922. https://www.newspapers.com/clip/60031688/youre-a-liar-accuser-shrieks-at/.

The Rich Bachelor

A long tradition in bar exams is the “rich bachelor” question: identify the rightful heir(s) to the estate of a wealthy man who never married, had no children, and did not leave a will. Today’s story time today is based on just such a premise, is entirely true, and features a key player from the history of Notre Dame Law School. Read to the end for the big reveal.

In 1933 a prominent and elderly bachelor died in South Bend leaving a large estate. He was a long-time resident of Indiana, had never married and had no children. His parents had died long ago, all of his siblings had died, and none of them had any children of their own.

The man was a lawyer. Before entering practice he had been involved in the publishing business; later in life he owned a 200-acre estate near Annapolis, Maryland, which served as a summer retreat. At the time of his death, however, most of his assets were in the form of securities, which were valued at $150,000 – roughly $2.5 million today.  Although he should have known better, he did not leave a will.

Who got the money? The answer took eight years of litigation to untangle, during which the estate lost nearly 90% of its value. Here’s how it played out:

The man had a sister-in-law, Margaret, who survived. They had been close for years; he kept his securities at her residence in Chicago, and she was at his hospital bedside when he died.

Margaret had also been close with the man’s extended family in his hometown, which at one time included several cousins on his father’s side. Only one of those cousins – Ellen – survived. In keeping with a common “story time” theme, she had been declared insane and had lived in a lunatic asylum for decades. Nonetheless, Ellen was the man’s closest blood relative.

Ellen (through her representatives) opened a probate claim, and she did so in Chicago. Once the matter was opened in Illinois, Margaret claimed that she, not Ellen, was the rightful heir because the man had promised his entire estate to her – he simply had not reduced that promise to writing. (Margaret also filed a successful claim against the estate for the value ofhousekeeping services rendered.)

The ostensible reason that Ellen chose Chicago, rather than South Bend, was that the assets were in Chicago. The real reason was … follow the money.

For cases like this in 1933, Illinois and Indiana took very different approaches.

  • In Illinois the entire estate went to the closest surviving relative (in this case, Ellen). 
  • In Indiana the estate was split in two halves
    • one half was provided to the closest surviving relative on the father’s side (Ellen)
    • the other half went to the closest relative(s) on the mother’s side (persons yet unknown).

So the difference between Illinois and Indiana was the difference between Ellen keeping the entire $2.5 million estate or having to share half that amount. Illinois was worth a try.

Because the man had died in Indiana, probate was also opened in St. Joseph Superior Court. Due to the complexity of the issues and the size of the estate, the court appointed Notre Dame Law School Professor Clarence Manion to serve as the administrator of the estate in Indiana. Manion’ s first task was to help the Illinois court sort out whether the estate would be settled in Illinois or Indiana.

After two years of litigation, including appeals, the Illinois courts decided that Indiana was the appropriate forum. The upshot was that the size of the estate had been considerably reduced by legal fees, Ellen would receive half of the (smaller) estate, and now the task was to figure out who would receive the other half. Who were the man’s closest relatives on his mother’s side?

All of this occurred during the Great Depression, and the lure of free money brought out a wide variety of characters. At least 35 claimants, many living in Ireland and Australia, petitioned the court for a share of the estate as second cousins. (Refresher: cousins share a common grandparent; second cousins share a common great-grandparent.)

The court needed to determine whether the man had any relatives on his mother’s side who were more closely related than second cousins. How? Through the radio program “Skelly’s Court of Missing Heirs,” of course. Each week the program reenacted scenes from the life of someone who had died without a will, or who had left money to someone who couldn’t be located, and encouraged listeners to phone in with tips about people who may have an inheritance awaiting. The fantasy of inheriting millions from a long-lost relative, especially during the Depression, made the program a success for several years. 

The broadcast on February 27, 1938 (in Chicago on WBBM, the Columbia network!) focused on our bachelor. No recordings survive but we do have a fairly good summary of the script; it was riddled with hyperbole and inaccuracies, but makes for a very entertaining read. A few months after the broadcast, the St. Joseph Superior Court ruled on the identity of the individuals entitled to inherit the estate. Two years later, after more litigation, the estate was closed and the funds, although greatly depleted, were distributed.

The man had grown up in Wisconsin near his father’s family; it turns out that his mother had a sister in Iowa who he never knew. And for good reason: the sister died the year he was born. She had a son, however, who was the man’s cousin. His name was Michael. Bad news: Michael died long before the bachelor. Good news: Michael had several children who remained alive in 1933. Those children – the bachelor’s first cousins once-removed – were the closest living relatives on the mother’s side. They inherited half of the estate.

To recap:

  • A wealthy bachelor lawyer died without a will
  • The person for whom he had the most affection (sister-in-law Margaret) inherited nothing (but was compensated for housekeeping)
  • The person who inherited on his father’s side of the family was insane (and died during the litigation; her nephews received her share)
  • The people who inherited on his mother’s side were complete strangers to the man
  • The inheritance battle caused the value of the estate to drop by nearly 90%
  • The dispute -and loss of money – was entirely preventable, if only the man had left a will. 

Now, the answer to the question on your minds: Who was this man? None other than “Colonel” William Hoynes, the first dean of Notre Dame Law School and, at the time of his death, the longest-serving professor on campus.

How could he have made such an error? Probably from a lack of education. You see, Dean Hoynes taught at Notre Dame – but he received his law degree from the University of Michigan. I blame the Wolverines.

Until next time,

KDO

*An earlier version of this story may be found in Story Time – The Complete Collection: Strange But True Stories Of Early Notre Dame Lawyers (Checkerboard Heart: 2021), available to download for free on Amazon and Google

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