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.

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.

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.

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.

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.

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help/.

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

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

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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://

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3q6AHO4.

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37gQWQ3.

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“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/.

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

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

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“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/.

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“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/.

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

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“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/.

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

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

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Faculty Behaving Oddly

August 24, 2023October 31, 2024 ~ Kevin Doyle O'Rear

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.

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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.

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

of-her/.

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story-of/.

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nyti.ms/3mezi5B.

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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/.

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

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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/.

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nyti.ms/3mbUlFW.

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ledger_book_6/64.

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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/.

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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.

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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

August 16, 2023October 31, 2024 ~ Kevin Doyle O'Rear

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

“$6,000 Award For N.D. From Hoynes Estate.” SouthBendTribune. September 29, 1938.

https://www.newspapers.com/clip/40223133/6000_award_for_nd_from_hoynes_estate/. “37 Hoynes Heirs Win Point In $130,000 Action.” ChicagoTribune. May 29, 1935.

https://www.newspapers.com/clip/38241876/37_hoynes_heirs_win_point_in_130000/.

1860 U.S. Census, LaCrosse, LaCrosse County, Wisconsin, Digital Image, s.v. ‘William Hornes,’” Ancestry.com

1870 U.S. Census, LaCrosse, Lacrosse County, Wisconsin, Digital Image, s.v. ‘William Haynes.’” Ancestry.com

1910 U.S. Census, Chicago, Cook County, Illinois, Digital Image, s.v. ‘William Hoynes,’” Ancestry.com

1920 U.S. Census, Notre Dame, St. Joseph County, Indiana, Digital Image, s.v. ‘William Haynes,’” Ancestry.com.

1930 U.S. Census, Hamilton, LaCrosse County, Wisconsin, digital image, s.v. “Ellen Nash,” Ancestry.com.

1930 U.S. Census, Portage Township, St. Joseph County, Indiana, digital image, s.v. “William Hoynes,”Ancestry.com.

“Body of Col. Wm. Hoynes to Arrive Here Tonight.” ChicagoTribune. March 31, 1933.

https://www.newspapers.com/clip/38242039/body_of_col_wm_hoynes_to_arrive_here/. “Broadcast Life of Col. Hoynes.” SouthBendTribune. February 28, 1938. https://

www.newspapers.com/clip/40586185/broadcast_life_of_col_hoynes/.

“Col. William Hoynes of Notre Dame Dies.” Pantagraph(Bloomington,IL). March 29, 1933. https://www.newspapers.com/clip/38336406/col_william_hoynes_of_notre_dame_dies/.

“Colonel Hoynes, Soldier, Editor, Lawyer Is Dead.” CatholicAdvance(Wichita,KS).

April 8, 1933. https://www.newspapers.com/clip/38243803/

colonel_hoynes_soldier_editor_lawyer/.

“Colonel Hoynes Touring South.” NewBrunswick(NJ)DailyTimes. August 18, 1911.

https://newspaperarchive.com/other-articles-clipping-aug-18-1911-2102335/. “County Cullings.” AnnapolisEvening Capital, July 16, 1912. https://

newspaperarchive.com/other-articles-clipping-jul-16-1912-1421077/.

“Court Settles Estate Of Former Local Man.” La Crosse (WI) Tribune. December 31, 1941. https://www.newspapers.com/clip/38351029/court_settles_estate_of_former_local_man/.

“Cruising up the Severn Estuary, a River of Beautiful Homes.” BaltimoreSun. July 27, 1913. https://www.newspapers.com/clip/65461572/cruising-up-the-severn-estuary-a-river/.

“Death Notices – Fox, Michael.” ChicagoTribune. March 12, 1945. https://

www.newspapers.com/clip/50527074/death-notices-fox-michael/.

“Death Notices – Margaret Hoynes Fox.” ChicagoTribune. May 6, 1943. https://

www.newspapers.com/clip/50501362/death-notices-margaret-hoynes-fox/.

“Eau Claire Woman Seeks Estate of Notre Dame Dean.” Leader-Telegram(EauClaire, WI). May 30, 1935. https://www.newspapers.com/clip/40222789/

eau_claire_woman_seeks_estate_of_notre/.

“Former Editor of Times at Annapolis.” NewBrunswick(NJ)DailyTimes. August 14, 1908. https://newspaperarchive.com/other-articles-clipping-aug-14-1908-2102321/.

“Hoynes, Dean Of N.D. Law, Dies.” SouthBendTribune. March 29, 1933. https://

www.newspapers.com/clip/59346706/hoynes-dean-of-nd-law-dies/.

“Hoynes Decision Under Appeal.” SouthBendTribune. June 12, 1935. https://

www.newspapers.com/clip/40222917/hoynes_decision_under_appeal/.

“Hoynes Estate Fight Date Set.” SouthBendTribune. May 22, 1935. https://

www.newspapers.com/clip/40222402/hoynes-estate-fight-date-set/.

“Hoynes Estate To Be Divided Into Two Parts.” SouthBendTribune. December 19, 1941. https://www.newspapers.com/clip/50530543/hoynes-estate-to-be-divided-into-two/.

“Hoynes Is Ruled State Resident.” SouthBendTribune. May 29, 1935. https://

www.newspapers.com/clip/40222630/hoynes_is_ruled_state_resident/.

“Hoynes, Oldest N.D. Savant, Dies.” SouthBendTribune. March 29, 1933. https://

www.newspapers.com/clip/59346896/hoynes-obituary-contd/.

“Identity [Sought] of Man Killed By Indiana Auto.” Independent-Record(Helena, Mont.). February 28, 1938. https://www.newspapers.com/clip/40637868/

identity_sought_of_man_killed_by/.

“In Memoriam.” MichiganAlumnus, April 22, 1933.

“Indiana Death Certificates, William Hoynes.” Digital image, March 28, 1933. http://

www.ancestry.com.

“John Hoynes, Old Press Man Here, Dies In Chicago.” LaCrosse(WI)Tribune. July 19, 1928. https://www.newspapers.com/clip/38365327/john_hoynes_old_press_man_here_dies/.

“Law Notes.” NotreDameScholastic. March 16, 1934. http://archives.nd.edu/Scholastic/

VOL_0067/VOL_0067_ISSUE_0019.pdf.

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www.archives.nd.edu/Scholastic/VOL_0069/VOL_0069_ISSUE_0021.pdf.

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www.newspapers.com/clip/50051057/obituaries/.

“Obituary – Patrick Hoynes.” LaCrosse(WI)Tribune. February 10, 1923. https://

www.newspapers.com/clip/38435245/obituary_patrick_hoynes/.

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www.newspapers.com/clip/59488673/over-the-air-waves/.

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newspaperarchive.com/annapolis-evening-capital-feb-13-1912-p-4/.

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https://www.newspapers.com/clip/59358182/radio-clews-to-aid-heirs-of-nd-dean/.

“Relatives Fight For Col. Hoynes’ $130,000 Estate.” ChicagoTribune. May 22, 1935.

https://www.newspapers.com/clip/38241702/relatives_fight_for_col_hoynes/.

“Second Cousins To Get $150,000 Hoyne[s] Estate.” ChicagoTribune. December 11, 1934. https://www.newspapers.com/clip/38336564/second_cousins_to_get_150000_hoynes/.

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newspaperarchive.com/annapolis-evening-capital-dec-12-1911-p-3/.

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william_hoynes_87_civil_war_veteran/.

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Brave Boy

April 27, 2020October 31, 2024 ~ Kevin Doyle O'Rear

Maxine Ryer

April 15, 2020October 31, 2024 ~ Kevin Doyle O'Rear

Was Notre Dame’s First Woman Lawyer A Killer?

Maxine Evelyn Ryer was the first woman to study law at the University of Notre Dame. She passed the bar examination in 1922 and began practice – and an intimate relationship – with a married man twice her age. When he died under mysterious circumstances a few years later, she immediately married her high school sweetheart, with whom she had never cut ties. Police never investigated the death.

The pioneering attorney was born in South Bend, Indiana, in 1899. ¹ [Describe South Bend at turn of century]

Agriculture remained the largest sector of the American economy, and her father was an executive with one the country’s most successful agriculture businesses, the Birdsell Manufacturing Co. It was a time when When you buy a Birdsell you are practicing Economy qualified as a catchy slogan.²

In March 1907 the family moved to Kansas City, Kansas. Although the Ryers were not Catholic, Maxine attended St. Agnes Academy, a Catholic school in the northeast part of the city. The family’s move was prompted by Lester’s decision to resign from Birdsell and join the Economy Gas Lamp Co., a firm that manufactured lamps – for the church and home– that were fueled by gasoline.³

Whether it was related to the collapse of the gasoline-fired reading lamp craze or for another reason, the family returned to South Bend in 1911 and built a large home they dubbed “Castlewood.” The home was in the country at the time; today the spot is occupied by a Wendy’s just east of South Bend International Airport. Maxine enrolled in South Bend High School, where she was very active in theater, and where she met Ora “Everett” Miller, a slightly older boy with whom she fell in love. Upon graduation in 1916 she enrolled in Nazareth Academy in Kalamazoo, Michigan, where she continued her study of “violin and dramatics.” Everett stayed in South Bend where he worked at the Singer Sewing Machine factory.

Everett also enlisted in the Army as the U.S. entered World War I. Perhaps because of that enlistment, he and Maxine decided to get married as soon as possible. On March 20, 1917 they were married at the courthouse in St. Joseph, Michigan. If you have paid attention to the dates then you will realize that Maxine was not yet 18 years of age at the time of her marriage, as was required by Michigan law. She provided a false date on the marriage license. If the kids thought that mom and dad would not find out, they were wrong. The marriage was annulled immediately, but passion endures. In September 1917 Maxine visited Everett at Fort Benjamin Harrison (near Indianapolis) where he was training. On this trip, she was accompanied by Everett’s mother. No funny business.

Everett was assigned to the 321st Machine Gun Battalion, 82nd Division. The Army noted in an article entitled “Suiciders All” that was published in Recruiting News that the “mortality rate in the machine gun battalions … was unusually high.” Everett was stationed in

the trenches on the front line; fortunately for him, the armistice was signed only two days after he arrived. In March 1919 he returned home safely to South Bend and to Maxine.

By then, Maxine had graduated from Nazareth Academy and was offering violin lessons in South Bend. In July 1919 Maxine and Everett announced their engagement – again, sort of. They did not get married, and it is not clear why, although the fact that they announced their engagement without any input or support from their parents might shed some light on their relationship. Maxine’s father was very wealthy; Everett was … keep reading.

In 1921 Maxine began working in the office of attorney Frank Dunnahoo. Frank was married and had graduated from the University of Michigan Law School five years before Maxine was born. But his wife lived in Oregon, and Frank and Maxine began working very closely together.

Around the same time, Maxine entered Notre Dame as a law student. In September 1922 she was admitted to the St. Joseph County bar following an examination before a committee including the mayor, local judges, and the head of the bar association. (Prior to 1931 attorneys in Indiana were admitted to the bar on a county-level basis, and a law degree was not required.) She was not the first woman admitted to the bar in St. Joseph County, but she was the first who actively practiced in court. Sponsors in support of her application included Notre Dame law professor John P. Tiernan, among many others. Newspaper reports were partly condescending (e.g., “Recognized Despite Her Sex”) but generally congratulatory. Maxine and Frank operated a law firm with the name “Ryer & Dunnahoo” in Suite 420 of the J.M.S. Building downtown. The building still exists; the suite is now a condominium.

Everett was keeping busy too. In March 1924 he married Clementine Wozniak, a co- worker at Singer Sewing Machine. Clementine happened to be five months pregnant at the time, and one gets the distinct impression that Everett was not too excited about the marriage. He filed for divorce just a few months later. Clementine had a baby boy in July and, despite the fact that she named him “Ora Everett Miller, Jr.” he failed to provide any support. The boy died of tuberculosis at age 3; there is no evidence that Everett attended the funeral.

There is evidence, however, that Everett remained interested in Maxine – including the fact that he asked her to represent him in his divorce and child support proceedings. By this time, Maxine and Frank Dunnahoo were married (or so she claimed – no public records of the fact have been discovered and nobody but Maxine ever identified them as husband and wife). Then, on a sunny Sunday afternoon in October 1924, as Frank Dunnahoo was crossing an alleyway on Main Street near the courthouse, a car sped out of the alleyway and struck him. Frank did a somersault and landed on his head. A few hours later, he was dead. The car did not stop and it did not have license plates; the driver was never apprehended. The coroner’s report does not make any mention of the whereabouts of Everett Miller, or the type of car that he drove, but a few months later Everett and Maxine were married. Draw your own conclusions.

With Frank’s death, Maxine’s law practice slowed considerably. She began offering violin lessons to supplement their income. Unfortunately, she also developed some sort of heart condition. On June 12, 1930 she died in South Bend. She and Everett did not have any children. Maxine’s obituary heralded her as “the first woman in the county to be admitted to practice before the supreme court of the United States.” I have not discovered any evidence to support that claim, but it’s a nice thought.

What happened to Everett? He married again, remained in South Bend throughout his life, and died in 1968.

As for the first woman to receive a law degree from Notre Dame, you may have noticed the picture of Graciela Olivarez along the first floor hallway of Biolchini Hall. She led an extraordinary life: Based purely on her leadership skills and desire to serve others Fr. Hesburgh awarded her a full scholarship to attend the Law School when she was nearly 40, despite the fact that she had not completed a high school education. She enrolled in 1967 and in 1970 she became the first woman to receive a J.D. from Notre Dame.

The facts and dates may be dry, but the story between the lines is fascinating. I am always open to feedback and suggestions for new stories. Until then, sleep tight.

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Colovin

April 8, 2020October 31, 2024 ~ Kevin Doyle O'Rear

Today’s story is about Matthew Colovin, the first professor of law at the University of Notre Dame. The University published a book celebrating the first 100 years of legal studies at Notre Dame including the following entry: “The first head, or principal, as he was called, of the law department was Professor M. P. Colovin. He disappears at the end of one year, and nothing is known of him [except his family relationships].”

Well, I know something of him. It is a long, bizarre tale, involving members of a family that held great promise and who had many advantages and opportunities, and who squandered them all. The story involves murder, insanity, and scandal. And it is entirely true.

For starters, his name was “Matthew F. Colovin” – the book got his middle initial wrong, as did the commencement bulletin from the only year when he was at Notre Dame (which indicated “M.T. Colovin”).

Matthew F. Colovin was born in 1840 in Ireland. He was the oldest child of Charles Colovin and Rose (O’Reilly) Colovin. While he was an infant his family emigrated to Canada, where they settled in London, Ontario, midway between Toronto and Detroit.

Charles operated a dry goods store at No. 9 Dundas Street. He and Rose had four more children after arriving in Canada. One (Rebecca) died as a child; the others were named Patrick, Charles, and Elizabeth.

Matthew was educated at the Collège Sainte-Marie de Montréal (now part of the Université du Québec à Montréal), where he excelled in his studies. He earned a law degree and was admitted to the bar for Upper Canada in June 1861. He maintained a solo practice in London, Ontario for the next several years.

In September 1868, Matthew Colovin arrived at the University of Notre Dame and began teaching … French. It was not for another few weeks that the Board of Trustees approved the establishment of a law department. Once it had done so, however, Colovin set about establishing the law curriculum, and in February 1869 the University began offering courses in law. Matthew Colovin was the sole Professor of Law.

Why did a Canadian trained in law arrive on campus as a French instructor? After all, the University did not have any shortage of faculty who might have taught French, the native language of Father Sorin and many other members of the Congregation of Holy Cross. It seems likely that Father Sorin recruited Matthew Colovin to design a law curriculum, and that French was a “placeholder” position while the law department got approved. Sorin was probably aware of Matthew through his brother, Patrick Colovin. Read to the end to learn more about that strange relationship.

Regardless of his reasons for joining Notre Dame, by the fall of 1869, Matthew Colovin departed and was never to return. He moved to Vicksburg, Mississippi during the height of Reconstruction. By January 1870 he was again teaching … French. Not at a university, but in the upstairs rooms at 175 Washington Street. In November he began offering night school in his rooms, on the corner of Cherry and Crawford Streets, including “particular attention to the commercial branches, bookkeeping, etc.”

Why was he teaching again? Because Matthew Colovin was not yet a citizen of the United States and was therefore unable to practice law. He began the naturalization process in 1872 and was admitted to the bar that same year. Shortly afterward, his brother Charles joined him in Vicksburg, working in the newspaper business.

Matthew Colovin’s law practice flourished in Vicksburg and the surrounding area. In 1878 he represented W. L. Lowry and other taxpayers of Sunflower County on an important matter of state constitutional law. To give you a flavor of Mississippi in the late nineteenth century, Lowry was later killed in a scene straight out of a movie:

Lowry was a prominent businessman. He boarded a steamboat (of course) to transact business
On board the steamboat was a man named Holman, who was upset with Lowry over a prior business deal
When Holman saw Lowry on board, he shot him (of course)

Lowry turned to his friend, John Arnold, and said “kill him John, he has shot

me”

Arnold got out of his chair (he was being shaved – of course) and started after

Holman

As Arnold chased after Holman, Lowry also fired at Holman.

Lowry’s shot missed Holman, but struck and killed Holman’s friend, Walker

Lowry died moments after he killed Walker

Meanwhile, Arnold had caught Holman and struggled with him on the deck of the steamboat
During that struggle, Holman shot and killed Arnold

Holman was arrested and charged with murder. Following a sensational trial, and despite overwhelming evidence, Holman was acquitted. As the Jackson (Mississippi) Comet reported, “The affair is deeply to be regretted, as all the parties engaged are very highly respected.” So that’s the environment to keep in mind.

Back to Matthew Colovin. In 1880 we find him in Little Rock, Arkansas, where he is tending to business and delivering speeches on the evils of alcohol. This is not a promising sign of things to come, as it suggests some level of expertise by Colovin in the field.

In 1885, Colovin’s drinking problem led to real tragedy. On October 2, he shot and killed a man named Dan Steel in Indianola, Mississippi. Newspaper accounts stated that “testimony in the preliminary trial of Mr. Colovin … revealed unmistakably that Colovin did the killing, without provocation. The testimony goes to prove that it was a case of downright murder. Both [Steel] and Colovin were dissipated characters, and it is presumed that both were drinking.” Steel was an African-American man; Colovin was a prominent leader of the local bar; and despite the “almost universal opinion of all who closely followed the evidence in the case [and] regarded a conviction as beyond question,” a Sunflower County jury did not take long to acquit Colovin of the charges. He promptly returned to practicing law.

He also returned to drinking. In 1888 he was charged with violating local revenue laws in Vicksburg; that was a euphemism for purchasing alcohol illegally. The State agreed not to prosecute, and shortly thereafter, Colovin relocated to Louisville, Kentucky.

In 1892 Colovin was admitted to the bar of the Jefferson County Circuit Court. He also appears to have worked as a teacher at Gethsemani College (affiliated with the Trappist abbey that was later the home of the influential writer Thomas Merton, author of “The Seven Storey Mountain” and many other works).

Unfortunately, things did not improve for Colovin in Kentucky. On May 21, 1900 he was adjudged insane by the Jefferson County Circuit Court and was involuntarily committed to the Central Kentucky Asylum for the Insane. He died there on June 17; he and hundreds of others are buried in unmarked graves on the grounds of the facility. The cause of death is noted as “chronic alcoholism.”

Very sad, right? It gets worse.

I noted that Matthew’s brother, Charles, joined him at Vicksburg in the early 1870s.

Charles married a woman named Julia Burns, and in 1878 Charles died during a yellow fever epidemic that swept through Vicksburg. Julia remarried, but she attempted to keep in touch with Matthew as much as possible.

When Matthew moved from Vicksburg to Louisville, Julia lost track of him. A boy from Vicksburg who had studied at Gethsemani College told Julia that Matthew was at the school, and she promptly wrote to him. “Many years have passed since last you received a message from us, and we had begun to think of you as dead … I could not make you believe how happy it made us feel to know you were alive and living such a holy life.” Matthew Colovin never received the letter. It was written four weeks after he died.

Well, what about his sister, Elizabeth?

She married Michael Fitzgerald, a steamship captain several years her senior with a very solid reputation among Great Lakes mariners. In 1902, Fitzgerald was captain of the ship “George Hadley” when it collided with the ship “Thomas Wilson” not far from Duluth, Minnesota. Nine men were killed. Fitzgerald was stripped of his license and never sailed again. He died in 1908. Elizabeth returned to London, Ontario, where she died in 1925.

Okay, but what about his other brother, Patrick?

Patrick Colovin joined the Congregation of Holy Cross at Saint-Laurent and was ordained on St. Patrick’s Day, 1867. He was brilliant and gregarious. He soon came to the attention of Father Sorin, who insisted that Patrick be appointed superior of the congregation in Montreal only a few years after he was ordained.

Along with his brilliance, Patrick did not tolerate guidance from his own superiors very well. He and Sorin clashed frequently. Nevertheless, when the University of Notre Dame needed to fill the office of president in 1874 due to the untimely death of Auguste Lemmonier, Father Sorin asked Patrick Colovin to fill the role.

Patrick was also a frequent speaker on the evils of alcohol; you know by now where this is going. He was wildly popular with the students, who saw him as a champion of the Irish.

Father Sorin requested that students not celebrate St. Patrick’s Day as heartily as they would like; Father Colovin disagreed, and large celebrations followed. After three years, Father Sorin had had enough, and Patrick Colovin was sent to a parish and small college in Wisconsin.

Father Colovin was not happy. He wrote to Sorin complaining of his posting, and Sorin acted quickly. “You don’t like your assignment? I have great news for you – you can move. Your new assignment is Deadwood, South Dakota.” If you have seen any of the HBO Series “Deadwood,” you know what a horrifying prospect that would have been for a man like Patrick Colovin.

After a year in Deadwood, Father Colovin let Father Sorin know that he wasn’t going to take it any more. He moved back to Canada. Within a year he was dismissed from the Congregation of Holy Cross. He resumed parish work in Wisconsin and died – almost certainly from alcohol-related causes – at age 45.

It’s hard to be a parent. One son of Charles and Rose Colovin founded the law department at the University of Notre Dame; another became the fifth president of the University. They made some extraordinarily bad choices, and their early successes in life were overshadowed by their actions later.

I didn’t say it would be a happy story, but I hope I delivered on my promise: a strange but true tale involving the early personalities at Notre Dame.

Sleep tight.¹

SourcesandAdditional Reading

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1. Special thanks to Beth Klein of the Kresge Law Library at Notre Dame Law School for her assistance in obtaining documents from the Kentucky State Archives.

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about post 1 topic

Prof. Peter Foote

April 1, 2020October 31, 2024 ~ Kevin Doyle O'Rear

APRIL 1, 2020

Dear Students: This message does not relate to grades, commencement, or any current events whatsoever. Depending on your perspective the message is therefore either (1) an essential break or (2) frivolous. I choose the former. Let’s have story time. Read all the way to the end for a surprise happy twist.

Today is the 180th birthday of Professor Peter J. Foote, one of the very earliest members of the law faculty. He was born on April 1, 1840 in County Monaghan, Ireland. His mother died during the famine, and family lore has it that his father collapsed and died on her grave. Peter and his sister emigrated to the U.S. as very young children, arriving in Boston. Shortly thereafter he moved to New York City to live with his uncle, a parish priest.

Anti-immigrant feelings were quite high at the time, especially regarding the Irish. Peter’s extended family attempted to cope with this by changing their last name from “Cush” to “Foote.” (Cush is Gaelic for a style of riding boot or footwear; the family added an “e” to Anglicize it further).

Peter attended St. John’s College (now Fordham University) and later moved to Chicago to teach at St. Mary of the Lake College, near the site of the current Water Tower. No law school that was accessible to him would admit Catholic students, so he “read the law” and was admitted to the bar in Illinois in 1867.

Peter Foote was extremely quick-witted and gregarious. In addition to practicing law in Chicago, he edited and largely wrote the first subscription Catholic magazine in the Midwest, “The Month.” It seems likely that this is how he came to the attention of Father Sorin when he sought to establish a law program at Notre Dame in 1868-69.

Law studies began at Notre Dame in February 1869, and during the 1869-70 and 1870-71 academic years Peter Foote was “the” professor of law. The number of law students was in the single digits, and the University struggled to gain a foothold in those early years. Professor Foote helped lay the groundwork for legal education to continue during some very doubtful times.

He married and returned to Chicago, where he was appointed to the bench at a variety of municipal court levels. Things didn’t go very well. Foote insisted on treating the Irish defendants more leniently than the police preferred, and he received quite a bit of negative press as a result.

Stories of his courtroom antics and quips were very widely published. He was not careful with his own finances, made some poor choices in friendships, and some bad decisions regarding his conduct on the bench. He was indicted for conspiracy and, while he was acquitted, the judge admonished his behavior.

Two months later, Foote was hospitalized. To give you a sense of newspaper reportage at the time, rumors were published that he had a drinking problem, and an article in the Chicago Tribune opened with these lines: “Peter Foote is dying. Justice Foote is already dead.” Newspaper reporters hounded the residence, asking his young

children for any news. He died in December 1888 and was buried following a small private funeral. One obituary stated that he left “five or six children” (there were actually seven), and another article took pains to report that the family “was not well provided for.”

If you have read this far, then you deserve your happy ending. Just this morning I heard from Peter James Foote, the great-great grandson of Professor Foote. The family has done well in a very wide variety of careers and locations over the years. I hope to invite him to campus when we resume our normal studies, so that he can see the legacy that his great-great grandfather helped create and the community of Notre Dame Lawyers and students that might not exist if he hadn’t been present at the founding.

Your work will influence people you will never know. Make it count.

Light Fantastic

Golden Dome

Sex, Lies and Affidavits

Faculty Behaving Oddly

The Rich Bachelor

Brave Boy

Maxine Ryer

Was Notre Dame’s First Woman Lawyer A Killer?

Colovin

Prof. Peter Foote