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Clarence Seward Darrow (/dro/; April 18, 1857 1.2 Marriages and Child
March 13, 1938) was a U.S. lawyer, leading member of
the American Civil Liberties Union, and prominent advo- Darrow married Jessie Ohl in April 1880. They had one
cate for Georgist economic reform. He defended teenage child, Paul Edward Darrow, in 1883. They were divorced
thrill killers Leopold and Loeb in their trial for murdering in 1897. Darrow married Ruby Hammerstrom, a jour-
14-year-old Robert Bobby Franks (1924). Some of his nalist 16 years younger than he, in 1903. They had no
other cases included defending Ossian Sweet, and John children.[7]
T. Scopes in the Scopes Monkey Trial (1925), in which
he opposed William Jennings Bryan (statesman, orator,
and three-time presidential candidate). Called a sophis- 1.3 From corporate lawyer to labor lawyer
ticated country lawyer,[2] his wit made him one of the
most famous U.S. lawyers and civil libertarians.[3] Darrow opened his rst little oce in Andover, Ohio, a
small farming town just ten miles from Kinsman. Having
little to no experience, he started o slowly and gradu-
ally built up his career by dealing with the everyday com-
plaints and problems of a farming community. After two
years Darrow felt he was ready to take on new and dier-
ent cases and moved his practice to Ashtabula, Ohio, with
1 Biography a population of 5,000 people and the largest city in the
county,[6] where he became involved in Democratic Party
politics and served as the town counsel. In 1880, he mar-
1.1 Upbringing ried Jessie Ohl, and eight years later he moved to Chicago
with his wife and young son, Paul. He did not have much
business when he rst moved to Chicago, and spent as
Clarence Darrow was born in Kinsman, Ohio, on April
18, 1857.[4] He was the fth son of Amirus and Emily little as possible. He joined the Henry George Club and
made some friends and connections in the city. Being part
(Eddy) Darrow. Both the Darrow and the Eddy fami-
lies had deep roots in colonial New England, and several of the club also gave him an opportunity to speak for the
Democratic party on the upcoming election. He slowly
of Darrows ancestors served in the American Revolu-
tion. Darrows father was an ardent abolitionist and a made a name for himself through these speeches, even-
proud iconoclast and religious freethinker. He was known tually earning the standing to speak in whatever hall he
throughout the town as the village indel.[5] Emily Dar- liked. He was oered work as an attorney for the city of
row was an early supporter of female surage and a Chicago. He worked in the city law department for two
womens rights advocate. Darrow attended Allegheny years when he resigned and took a position as a lawyer
College for only one year. Over the summer the Panic at the Chicago and North-Western Railway Company.[6]
of 1873 struck, and Darrow was determined to not be a In 1894, Darrow represented Eugene V. Debs, the leader
nancial burden to his father any longer. Over the next of the American Railway Union, who was prosecuted by
three years he taught in the winter at the district school in the federal government for leading the Pullman Strike of
a country community. Clarence attended Allegheny Col- 1894. Darrow severed his ties with the railroad to repre-
lege and the University of Michigan Law School, but did sent Debs, making a nancial sacrice. He saved Debs in
not graduate from either institution. While teaching, Dar- one trial but could not keep the union leader from being
row started to study the law on his own, and by the end of jailed in another.
his third year of teaching, his family urged him to enter Also in 1894, Darrow took on the rst murder case of
the law department at Ann Arbor. Darrow only studied his career, defending Patrick Eugene Prendergast, the
there a year when he decided that it would be much more mentally deranged drifter who had confessed to mur-
cost eective to work and study in an actual law oce. dering Chicago mayor Carter H. Harrison, Sr.[8] Darrows
When he felt that he was ready, he took the Ohio Bar insanity defense failed and Prendergast was executed
exam and passed.[6] He was admitted to the Ohio bar in that same year. Among fty defenses in murder cases
1878. The Clarence Darrow Octagon House, which was throughout the whole of Darrows career, the Prendergast
his childhood home in the small town of Kinsman, Ohio, case would prove to be the only one resulting in an execu-
contains a memorial to him. tion, though Darrow did not join the defense team until
1
2 1 BIOGRAPHY
after Prendergasts conviction and sentence, in an eort In the weeks before the jury was seated, Darrow became
to spare him the noose.[8] increasingly concerned about the outcome of the trial and
Darrow became one of Americas leading labor attorneys. began negotiations for a plea bargain to spare the defen-
He helped organize the Populist Party in Illinois and then dants lives. During the weekend of November 1920,
ran for Congress as a Democrat in 1896 but lost to Hugh 1911, he discussed with pro-labor journalist Lincoln Stef-
R. Belknap. In 1897, his marriage ended in divorce. He fens and newspaper publisher E. W. Scripps the possi-
joined the Anti-Imperialist League in 1898, in opposi- bility of reaching out to the Times about the terms of a
tion to the U.S. annexation of the Philippines. He repre- plea agreement. The prosecution had demands of its own,
however, including an admission of guilt in open court
sented the woodworkers of Wisconsin in a notable case in [11][12]
Oshkosh in 1898 and the United Mine Workers in Penn- and longer sentences than the defense proposed.
sylvania in the great anthracite coal strike of 1902. He The defenses position weakened when, on November 28,
irted with the idea of running for mayor of Chicago in Darrow was accused of orchestrating to bribe a prospec-
1903 but ultimately decided against it. The following tive juror. The juror reported the oer to police, who set
year, in July, he married Ruby Hammerstrom, a young up a sting and observed the defense teams chief investi-
Chicago journalist.[9] His former mentor, Governor John gator, Bert Franklin, delivering $4,000 to the juror two
Peter Altgeld joined Darrows rm following his Chicago blocks away from Darrows oce. After making pay-
mayoral electoral defeat in 1899 and worked with Darrow ment, Franklin walked one block in the direction of Dar-
until his death in 1902. rows oce before being arrested right in front of Darrow
himself, who had just walked to that very intersection af-
ter receiving a phone call in his oce. With Darrow him-
self on the verge of being discredited, the defenses hope
for a simple plea agreement ended.[13][14] On December
1, 1911, the McNamara brothers changed their pleas to
guilty, in open court. The plea bargain Darrow helped ar-
range got John fteen years and James life imprisonment.
Despite sparing the brothers the death penalty, Darrow
was accused by many in organized labor of selling the
movement out.
Two months later, Darrow was charged with two counts
of attempting to bribe jurors in both cases. He faced two
lengthy trials. In the rst, defended by Earl Rogers, he
was acquitted. Rogers became ill during the second trial
Clarence Darrow in 1902[10] and rarely came to court.[15] Darrow served as his own at-
torney for the remainder of the trial, which ended with a
From 1906 to 1908, Darrow represented the Western hung jury. A deal was struck in which the district attorney
Federation of Miners leaders William Big Bill Hay- agreed not to retry Darrow if he promised not to practice
wood, Charles Moyer, and George Pettibone when they law again in California.[16] Darrows early biographers
were arrested and charged with the murder of former Irving Stone and Arthur and Lila Weinbergasserted
Idaho Gov. Frank Steunenberg in 1905. After a series that he was not involved in the bribery conspiracy; but
of trials, Haywood and Pettibone were found not guilty more recently Georey Cowan and John A. Farrell, with
and the charges were dropped against Moyer. the help of new evidence, concluded that he almost cer-
tainly was.[13] In the biography of Earl Rogers by his
In 1911, the American Federation of Labor (AFL) called daughter Adela, she wrote: I never had any doubts, even
on Darrow to defend the McNamara brothers, John and before one of my fathers private conversations with Dar-
James, who were charged with dynamiting the Los Ange- row included an admission of guilt to his lawyer.[17]
les Times building on October 1, 1910, during the bitter
struggle over the open shop in Southern California. Ow-
ing to a faulty timer, the bomb detonated prematurely,
when the Times building was still occupied by employ-
1.4 From labor lawyer to criminal lawyer
ees. The bomb had been placed in an alley behind the
building, and although the explosion itself did not bring As a consequence of the bribery charges, most labor
the building down, it ignited nearby ink barrels and nat- unions dropped Darrow from their list of preferred at-
ural gas main lines. In the ensuing re, 20 people were torneys. This eectively put Darrow out of business as a
killed. The bombing is referred to as the Los Angeles labor lawyer, and he switched to civil and criminal cases.
Times bombing. The AFL appealed to local, state, re- He took the latter because he had become convinced that
gional and national unions to donate 25 cents per capita the criminal justice system could ruin peoples lives if
to the defense fund, and set up defense committees in they were not adequately represented.[18]
larger cities throughout the nation to take donations. Throughout his career, Darrow devoted himself to op-
1.5 Leopold and Loeb 3
The trials were presided over by the Honorable Frank I Am An Agnostic, on agnosticism, skepticism, belief,
Murphy, who went on to become Governor of Michi- and religion.[27] In the speech, Darrow thoroughly dis-
gan and an Associate Justice of the Supreme Court of cussed the meaning of being an agnostic and questioned
the United States.[22] Darrows closing statement, which the doctrines of Christianity and the Bible. He concluded
lasted over seven hours, is seen as a landmark in the Civil that the fear of God is not the beginning of wisdom. The
Rights movement and was included in the book Speeches fear of God is the death of wisdom. Skepticism and doubt
that Changed the World (given the name I Believe in the lead to study and investigation, and investigation is the
Law of Love). Uniquely, the two closing arguments of beginning of wisdom. [28]
Clarence Darrow, from the rst and second trials, are
available and these show how he learned from the rst
trial and reshaped his remarks.[23] 1.10 Mecca Temple Debate
In January 1931 Darrow had a debate with English writer
1.8 Massie Trial G. K. Chesterton during the latters second trip to Amer-
ica. This was held at New York Citys Mecca Temple.
The Scopes Trial and the Sweet trial were the last big The topic was Will the World Return to Religion?". At
cases that Darrow took on before he retired from full- the end of the debate those in the hall were asked to vote
time practice at the age of 68. He still took on a few for the man they thought had won the debate. Darrow re-
cases such as the 1932 Massie Trial in Hawaii. ceived 1,022 votes while Chesterton received 2,359 votes.
There is no known transcript of what was said except for
In his last headline-making case, the Massie Trial,
third party accounts published later on. The earliest of
Darrowdevastated by the Great Depressionwas hired
these was that of February 4, 1931, issue of The Nation
by Eva Stotesbury, the wife of Darrows old family friend
with an article written by Henry Hazlitt.[29][30]
Edward T. Stotesbury, to come to the defense of Grace
Fortescue, Edward J. Lord, Deacon Jones, and Thomas
Massie, Fortescues son-in-law, who were accused of 1.11 Position on eugenics
murdering Joseph Kahahawai. Kahahawai had been ac-
cused, along with four other men, of raping and beat- In the November 18, 1915 edition of the Washington Post,
ing Thalia Massie, Thomass wife and Fortescues daugh- Darrow stated: Chloroform unt children. Show them
ter; the resulting 1931 case ended in a hung jury (though the same mercy that is shown beasts that are no longer
the charges were later dropped and repeated investiga- t to live. However, Darrow was also critical of some
tion has shown them to be innocent). Enraged, Fortescue eugenics advocates.[31][32]
and Massie then orchestrated the murder of Kahahawai
in order to extract a confession and were caught by police
ocers while transporting his dead body.
2 Legacy
Darrow entered the racially charged atmosphere as the
lawyer for the defendants. Darrow reconstructed the case
Today, Clarence Darrow is remembered for his reputa-
as a justied honor killing by Thomas Massie. Consid-
tion as a erce litigator who, in many cases, championed
ered by the New York Times to be one of Darrows three
the cause of the underdog; because of this, he is generally
most compelling trials (along with the Scopes Trial and
regarded as one of the greatest criminal defense lawyers
the Leopold and Loeb case), the case captivated the na-
in American history.
tion and most of white America strongly supported the
honor killing defense. In fact, the nal defense argu-
ments were transmitted to the mainland through a spe-
cial radio hookup. In the end, the jury came back with
a unanimous verdict of guilty, but on the lesser crime
of manslaughter.[24] As to Darrows closing, one juror
commented, "[h]e talked to us like a bunch of farmers.
That stu may go over big in the Middle West, but not
here.[25] Governor Lawrence Judd later commuted the
sentences to one hour in his oce.[26] Years later Deacon
admitted to shooting Kahahawai; Massie was found not
Guilty in a posthumous trial.
Henry Drummond (left), a ctionalized version of Clarence Dar-
row, as portrayed by Spencer Tracy in Inherit the Wind.
1.9 Why I Am An Agnostic
According to legend, before he died, Darrow declared
As part of a public symposium on belief held in Colum- that if there was an afterlife, he would return on the small
bus, Ohio, Darrow delivered a speech, later titled Why bridge (now known as the Clarence Darrow Memorial
6 2 LEGACY
Bridge) located just south of the Museum of Science and 2.2 Onscreen
Industry in Hyde Park, Chicago on the date of his death.
Darrow was skeptical of a belief in life after death (he is Compulsion, 1959 lm. Fictionalized account of the
reported to have said: Every man knows when his life Leopold and Loeb trial. Orson Welles played the
began... If I did not exist in the past, why should I, or role of the defense attorney, based on Darrow.
could I, exist in the future?") but he made this promise to
Alleged, starring Brian Dennehy and Fred Thomp-
dissuade mediums from charging people money to talk
son
to his spirit. People still gather on the bridge in the hopes
[33]
of seeing his ghost. The episode, Defendant: Clarence Darrow (Jan-
uary 13, 1963), with Tol Avery playing Darrow, in
the CBS anthology series, GE True, hosted by Jack
2.1 Onstage Webb. In the storyline, Darrow is charged in 1912
with attempted bribery of a juror. He is defended by
Earl Rogers, played by Robert Vaughn. Darrow and
Darrow, a full-length one-man play created after his Rogers argue passionately over legal procedures.[38]
death, featuring Darrows reminiscences about his
career. Originated by Henry Fonda, many actors
(including Leslie Nielsen and David Canary) have 2.3 In publications
since taken on the role of Darrow in this play, which
was adapted Darrow, a lm starring Kevin Spacey Clarence Darrow: Attorney for the Damned by John
and released by American Playhouse in 1991. A. Farrell, published by Doubleday in June 2011;
includes new material opened to the public in June
Inherit the Wind, a play (later adapted to the screen) 2010 by the University of Minnesota Law Library
which is a broadly ctionalized account of the through the Clarence Darrow Digital Collection
Scopes Trial. Though the authors note that the 1925 The Angel of Darkness, with Darrow as a main char-
trial was clearly the genesis of their play, they in- acter in the ctional Caleb Carr novel
sist that the characters had life and language of their
own. They also mention that the issues raised in the Arc of Justice (Owl Books, 2004) by Kevin Boyle;
play have acquired new dimension and meaning, a in-depth look at the Ossian Sweet trial
possible reference to the political controversies of
the 1950s. Still, they nish their foreword by invit- Clarence Darrow for the Defense, a biography by
ing a more universal reading of the play: It might historical novelist Irving Stone
have been yesterday. It could be tomorrow.[34] Compulsion (1956), Darrow was the inspiration for
Spencer Tracy played the Darrow character (Henry the character of Jonathan Wilk in the novel, a thinly
Drummond) in the lm. ctionalized account of the Leopold and Loeb case.
In 1959, the novel was adapted into a lm of the
Malice Aforethought: The Sweet Trials is a play writ- same name, starring Orson Welles as Wilk. Welles,
ten by Arthur Beer, based on the trials of Ossian and whose closing monologue was the longest ever com-
Henry Sweet, and derived from Kevin Boyle's Arc of mitted to lm at that time, shared the Best Ac-
Justice.[35] tor award with co-stars Bradford Dillman and Dean
Stockwell at that years Cannes Film Festival.
My Name is Ossian Sweet, a docudrama written by The People v. Clarence Darrow (ISBN 978-0-8129-
Gordon C. Bennett, based on the Sweet trials in 2179-3) by Georey Cowan; the history of the Cal-
which the black family was defended by Darrow ifornia criminal case against Darrow for attempt-
against a charge of murder in Detroit 1925. Pub- ing to bribe a juror while defending the McNamara
lished (2011) at HeartlandPlays.com. brothers, two labor organizers accused of planting a
bomb which destroyed the printing plant of the Los
Clarence Darrow, where Kevin Spacey again por- Angeles Times and killed 21 workers.
trayed Darrow in this one-man performance in
2014[36] and 2015.[37] "Is Religion Necessary" (Haldeman-Julius Publica-
tions); a transcript of the debate between Clarence
Darrow and Rev. Robert MacGovern, 1931.
Clarence Darrow Tonight! written and performed by
Laurence Luckinbill, debuted at The Ensemble The-
ater in NYC and performed throughout the country, 2.4 Other
including at President Bill Clinton's second inaugu-
ral in 1996. Winner of the 1996 Silver Gavel Award The Clarence Darrow Memorial Bridge is located
for Theater, given by the American Bar Association. in Chicago, just south of the Museum of Science
7
& Industry. The Clarence Darrow Commemorative 4 References and further reading
Committee holds an annual event to honor Darrows
life and work. Baatz, Simon. For the Thrill of It: Leopold, Loeb
and the Murder that Shocked Chicago (New York:
The complete collection of Clarence Darrows per- HarperCollins, 2008)
sonal papers is housed at the University of Min-
nesota Libraries. Blum, Howard. American Lightning: Terror, Mys-
tery, the Birth of Hollywood, and the Crime of the
Century, 2008, Crown.[39]
Darrow is mentioned in "The Gift", a 1967 song by
Lou Reed as performed by The Velvet Underground Boyle, Kevin. Arc of Justice: A Saga of Race,
on their 1968 album White Light/White Heat. Civil Rights and Murder in the Jazz Age (New York:
Henry Holt & Co., 2004). (National Book Award
The chapter of Phi Alpha Delta Law Fraternity, In- Winner) ISBN 978-0-8050-7933-3.
ternational located at the University of Maryland
Carey School of Law is named the Clarence Darrow Farrell, John Aloysius. Clarence Darrow: Attor-
Chapter. ney for the Damned. Doubleday, New York: 2011.
ISBN 0-385-52258-4.
Hakim, Joy (1995). War, Peace, and All That Jazz.
New York, New York: Oxford University Press. pp.
3 Books by Darrow 4445. ISBN 0-19-509514-6.
A volume of Darrows boyhood reminiscences, entitled Haldeman-Julius, Marcet. Clarence Darrows Two
Farmington, was published in Chicago in 1903 by Mc- Great Trials: Reports of the Scopes Anti-Evolution
Clurg and Company. Case and the Dr. Sweet Negro Trial. Girard:
Haldeman-Julius Co., 1927.[40]
Darrow shared oces with Edgar Lee Masters, who
achieved more fame for his poetry, in particular the Spoon Mackey, Judge Alfred W. Clarence Darrow biogra-
River Anthology, than for his advocacy. phy
The papers of Clarence Darrow are located at the Li- Morton, Richard Allen. A Victorian Tragedy: The
brary of Congress and the University of Minnesota Li- Strange Deaths of Mayor Carter H. Harrison and
braries. The Riesenfeld Rare Books Research Center of Patrick Eugene Pendergast, Journal of the Illinois
the University of Minnesota Law School has the largest State Historical Society, Spring 2003 (here).
collection of Clarence Darrow material including per-
sonal letters to and from Darrow. Many of these letters Ossian Sweet Murder Trial Scrapbook, 1925.
and other material are available on the U of Ms Clarence Scrapbook and photocopy of the Nov. 1925 mur-
Darrow Digital Collection website. der trial of Ossian Sweet. Clarke Historical Library,
Central Michigan University.[41]
Weinberg, Arthur (ed.). Attorney for the Damned:
3.1 List of books Clarence Darrow in the Courtroom. (University of
Chicago Press, 1989) ISBN 978-0-226-13649-3.
An Eye for an Eye Weinberg, Arthur & Lila. Clarence Darrow: A
Sentimental Rebel Atheneum; 1st Atheneum pbk.
Crime: Its Cause and Treatment ed edition (March 1987)
Resist Not Evil Toms, Robert. Speech on the Sweet murder tri-
als upon retirement of the prosecuting attorney in
Marx vs Tolstoy 1960. Clarke Historical Library, Central Michigan
University.[41]
Closing Arguments on Religion, Law and Society Vine, Phyllis. One Mans Castle: Clarence Darrow in
Defense of the American Dream. (New York: Amis-
The Myth of the Soul tad, 2005). ISBN 978-0-06-621415-3.
8 5 REFERENCES
4.1 Primary sources [15] Cowan, Georey (1993). The People V. Clarence Dar-
row: The Bribery Trial of Americas Greatest Lawyer.
Chicago History Museum: Darrow bibliography New York: Random House.
(online here). [16] see in Clarence Darrow: A Sentimental Rebel by Arthur
and Lila Weinberg.
Darrow, Clarence. The Story of My Life. New York:
Scribner, 1932.[11] [17] Adela Rogers St. Johns: Final Verdict, (Doubleday, 1962)
457.
Darrow, Clarence. In the Clutches of the Law:
Clarence Darrows Letters (ed. Randall Tietjen). [18] Riggenbach, Je (March 25, 2011). Clarence Darrow
Berkeley: UCP, 2013. on Freedom, Justice, and War. Mises Daily. Ludwig von
Mises Institute.
Monteore, Simon (introd.). Speeches That [19] JURIST The Trial of Leopold and Loeb Archived 2010-
Changed the World (rev. ed.). London: Quercus, 11-03 at the Wayback Machine., Prof. Douglas Linder.
2014. Retrieved November 2, 2010.
University of Minnesota Law School, The Clarence [20] See, A. Weinberg, ed., Attorney for the Damned, pp. 17
Darrow Digital Collection. (2016) 18, n. 1 (Simon & Schuster, 1957)); Hulbert papers,
Northwestern University.
6 External links
An excerpt on the McNamara case from Clarence
Darrow: Attorney for the Damned.
Attorney for the Damnedor just Another Damned
Attorney?
Ossian Haven Sweet American National Biography.
7.2 Images
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