Category Archives: Progressive Era

“Foully Shot Dead”: The Mysterious Death of John Seay and the Murder Trial of William Fodrea

It turns out that James P. Hornaday’s coverage of the Martinique and St. Vincent earthquakes was not the only big story in the Indianapolis News in the summer of 1902. A heavily-covered murder trial also graced the front pages during those months. William Fodrea, a young man with a penchant for engineering, stood accused of the murder of John Seay, an employee of the Noblesville Mining Company. Seay’s mysterious death and Fodrea’s equally mysterious alibi opened up a tale of unrequited love, obsession, and murder that captivated readers of both the News and the Indianapolis Journal. The resulting trial took many twists and turns before the jury’s surprising, unexpected decision. In the end, many walked away from the trial with more questions than answers and the details of that fateful night still remain obscured.

Indianapolis News, December 23, 1901, Hoosier State Chronicles.

The murder of John Seay occurred on a cold, snowy night in 1901, just three days before Christmas. “About 1 o’clock yesterday morning,” the Indianapolis News reported, “while John E. Seay, in the employ of the Noblesville Milling Company, was resting on a stairway, a load of buckshot, fired by an assassin through a nearby window, entered his neck and head and he fell dead.” Within hours of the murder, attention turned to likely culprit William Fodrea, the twenty-five-year-old son of a former county prosecutor and aspiring engineer. Fodrea’s name rose to the top of officials’ list because he was reportedly obsessed with Seay’s girlfriend, nineteen-year-old Carrie Phillips. “Fodrea was infatuated with the girl and insanely jealous, and, it is said, made threats against Seay,” the News wrote. When Phillips rejected his advances, Fodrea increasingly fixated on her, “lingered” in her neighborhood, and was even “found hiding under the veranda” of her home. When she chose Seay instead, he was said to have lost all composure, resulting in the other suitor’s murder.

Indianapolis News, June 9, 1902, Hoosier State Chronicles.

Fodrea, “perfectly calm and collected when arrested,” claimed total innocence. Even so, local authorities used a “‘sweat box’ examination,” but it “failed to compel the accused to implicate himself.” For context, a “sweat box” was an often-used torture device in US prisons that isolated the incarcerated in a small room with a tin roof. Due to a lack of ventilation, these small rooms greatly increased in temperature during the day and made prisoners “roast in the grueling heat, enough in some cases to cause death, or little better, madness.”  It apparently did neither to Fodrea and he stayed locked up in the Hamilton Country jail while authorities began to sort out the crime.

Indianapolis News, January 16, 1902, Hoosier State Chronicles.

From the initial investigations and throughout the trial,  only circumstantial evidence linked Fodrea to the crime. Fodrea claimed to have never known Seay, and when asked to identify him in a photo, said that, “So far as that man is concerned, I never saw him before.” Despite his claims of innocence, other clues began to trickle in. The first piece of evidence found was a gun barrel, discovered by “school boys under a brush pile on the outskirts of the city.” As for testimonial evidence, Carrie Phillips and her mother both claimed that Fodrea’s obsession bubbled into a frenzy, with him finally declaring that “if he could not go with the young woman no one else could.” Phillip Karr, night manager of the Model Mill, said he saw Fodrea “loafing about the place late one night about a week before the shooting.” While these developments seemed damning on the surface, authorities noted that “these incidents will fall far short of being sufficient to convict him, if there are no new developments in the case.”

Ralph Kane, the lead prosecutor in the Fodrea murder trial. Indianapolis News, June 12 1902, Hoosier State Chronicles.

Ralph Kane, a veteran prosecutor, replaced J. Frank Beals after he withdrew from the case, citing his wife’s familial relationship to Fodrea. Judge William Neal began the process of establishing a grand jury to investigate the murder in more detail. The Hamilton County Council also convened, “acting on a petition signed by fifty business men,” to appropriate funds towards “a reward for the arrest and conviction of the assassin of John E. Seay.” One indication that the prosecution might have a case against Fodrea was that Seay did not appear to have any enemies in his former home of Richmond, Virginia. The grand jury first met on February 18, 1902. The Journal noted that, “Judge Neal, in his instructions to the jury, said no indictment could be returned against Fodrea unless there was a probability of guilt.” The case still hinged on circumstantial evidence. As such, Judge Neal further “instructed the jury to devote all of its time to the inquiry.”

By March of 1902, the investigators were still continuing their search, but were confident that they had “unearthed much new evidence against him.” In the meantime, the Hamilton County Council “appropriated $600 for the defense of William Fodrea” and “$1,000 for the prosecution of the same cause.” By April, Hamilton County’s Circuit Court teased a trial date, likely sometime in the summer term.

Indianapolis Journal, January 7, 1902 , Hoosier State Chronicles.

The trial for the murder of John E. Seay began on June 9, 1902, at the Hamilton County Circuit Court. Billy Blodgett, a titan of turn-of-the-century investigative journalism, covered the proceedings for the Indianapolis News. The prosecution argued that William Fodrea shot Seay at close range while he was resting on a step. The alleged round from Fodrea’s shotgun “struck Seay in the neck and head, tearing a ghastly wound in his throat, and several of the grains of shot penetrating his brain.” Despite the cursory investigations indicated “no trace of the murderer,” a police officer had heard that Fodrea made threats against Seay. Fodrea, maintaining his innocence, “said he had gone downtown between 7 and 8 o’clock that evening, and visited different places, returning home about 10 o’clock. Being unable to sleep, he went back down-town an hour later, and for some time sat on the steps on the north and west sides of the court house.” He returned home around 2am. Due to the immense cold that wracked Noblesville that December night, the police were not sold on Fodrea’s story, especially his lounging on the courthouse steps. He was arrested soon thereafter.

Indianapolis Journal, June 10, 1902, Hoosier State Chronicles.

The prosecution hung the success of their case on the testimony of Carrie Phillips. They again remarked of his odd behavior directed towards Miss Phillips—the passing her by home every day, hiding under her veranda, and his intense jealousy of Seay’s apparent courtship of Phillips. Her mother recalled that Fodrea called on the young woman shortly before the murder, asking for her whereabouts and the full name of her new suitor. Fodrea “said he would get even before long,” according to the State. These circumstantial accounts, while wholly based on the imperfect testimony of other people, painted a grim picture of the young man. The murder also highlighted a growing problem within Hamilton County. As Blodgett wrote in his first article for the News, “The killing of Seay was the third crime committed in Hamilton County within a short time, and consequently there was great indignation, not only at the murder, but because of what is termed ‘the epidemic of crime’.” The first day also focused on the selection of a jury, of which only two of twelve men would be over forty. This measure was taken to accommodate Fodrea, who was only 25 at the time and to ensure a fair trial. Leota Fodrea, William’s sister and a “prominent schoolteacher of the county,” showed “her devotion to her brother by her consistent presence by his side.”

Indianapolis News, June 11, 1902, Hoosier State Chronicles.

The next day, the prosecution laid out its case in greater detail. Ralph Kane, lead prosecutor for the State, reiterated the problematic behavior of Fodrea and his supposed threats to Seay and Carrie Phillips. He argued that witnesses claimed to have seen Fodrea “lurking around the mill late at night and was seen standing at another time on the spot at the mill where the murderer stood” as well as “peering into the mill when Seay was there.” He also “caused a sensation when he declared that the State will show that the night of the murder, William Fodrea was seen within two squares of the mill with a shotgun in his hand.” These conclusions were based on the testimony of twenty-five witnesses, one of which was Frank Bond, a co-worker with Seay at the mill. He discovered the body as well as “12-gauge shotgun wads near it.” Bond then called Dr. Fred A. Tucker, another witness, who examined the body and concluded that Seay died instantly. Head miller Daniel H. McDougall also testified against Fodrea and claimed that he had applied for a job at the mill multiple times and even visited the grounds on three separate occasions.

Indianapolis News , June 11, 1902, Hoosier State Chronicles.

The second day also provided the jury with details about the lives of both Fodrea and Seay. Fodrea, in his mid-twenties, called Hamilton County his home for most of his life. As the News wrote, “he has always been modest and unassuming and did not have a large circle of friends.” His life had taken for the worse after his laundry business went belly up as a result of a bad business partner, which prompted the young man to say, “It seems as if everyone that has anything to do with me beats me.” Seay, much like his accused assailant, lived a quiet life and kept to himself, likely the result of a speech impediment. He had very few close friends and lived modestly, dying with only a few hundred dollars to his name. What linked these two seemingly innocuous men was their relationship to Carrie Phillips.

Linnaeus S. Baldwin, the lead defense attorney. Indianapolis News, June 11, 1902, Hoosier State Chronicles.

Fodrea’s defense, led by Linnaeus S. Baldwin, sought to poke holes in the prosecution’s case by establishing doubts about the circumstantial evidence. This proved to be a difficult task; a gun barrel was found near the murder scene and further eyewitness testimony suggested that a “man wearing a long overcoat” had been spotted close to the mill. The defense leaned on character witnesses for Fodrea, specifically his family.

Fodrea’s mother and father corroborated that their son was at home during the times he described and spoke of his good character. In particular, his mother noted that he was “very fond of machinery and wanted a job at the mill,” which paints his intentions with the mill in a different light. Additionally, the court came to a near stand-still when Fodrea’s sister took the stand. “She told of the dolls he made her,” Billy Blodgett’s wrote in the News, “the mechanical toys he constructed and the engines he built. Everyone in the room realized that the delicate sister was pleading for her brother, and it had effect at the time.”  In all, the defense produced nearly 20 character witnesses for Fodrea, who all spoke positively of him and doubted the claims of the prosecution.

Indianapolis News, June 12 1902, Hoosier State Chronicles.

Even though many people testified to the goodness of Fodrea’s character, the testimonies of Carrie Phillips and Myrtle Levi described a completely different man. “Miss Phillips said she had known Fodrea for four years, and that during that time she had frequently told Fodrea that she did not want him to come to see her any more, but that he persisted in making calls at different times,” wrote the Journal. Phillips’s mother corroborated her daughter’s impressions of Fodrea and further noted that he threatened her and Seay. The defense pounced on this, arguing that “the State could not prove that Phillips went with other company, unless it also proved that Fodrea knew of it and talked about it.” The court agreed, the testimony was challenged, and Phillips was asked “not to say when she began going with Seay.” Regardless, her testimony displayed a man obsessed and incapable of thinking clearly about his relationships. Conversely, Myrtle Levi’s testimony proved more compelling, because she was the only one who directly connected Fodrea to the crime. As written in the News, “She testified that she knew Fodrea, and that on the night of the murder he and a companion came to her house and tried to enter.” He was accused of holding a shotgun, which two other witnesses claimed they saw on his person when he appeared at Levi’s residence. The defendant, asked by his lawyers not to take the stand to defend himself, calmly watched the proceedings as they developed.

Indianapolis News, June 13, 1902, Hoosier State Chronicles.

On June 16, 1902, after six days of deliberation, the jury shockingly acquitted William Fodrea of all charges; a unanimous verdict was reached on the fourth ballot. The Journal described the atmosphere of the courtroom:

When the verdict, “We, the jury, find the defendant not guilty,” was read there was a sigh of relief from the crowd. Fodrea was as calm and undisturbed as any person in the room. His mother was the first to clasp his hand. Quietly he took the hand of each juror and thanked him while a smile played over his face. His relatives and friends then engaged in a love feast that lasted some time. His devoted sister Leota was not present when the verdict was returned, but after met and embraced him and escorted him to the home from which he had been absent for six months.

Some last-minute developments likely changed the direction of the jury. Thomas Levi, Myrtle Levi’s father, told the court that she did not originally identify Fodrea as one of the men who visited her home. While this important detail likely persuaded the jury, Levi’s personal life may have influenced them as well. As Hamilton County Historian David Heighway pointed out, Levi was a well-known prostitute in the community whose lifestyle might have weighed heavily on their verdict. Heighway’s evidence about her lifestyle comes from the Hamilton County Ledger.

Indianapolis Journal, June 15, 1902, Hoosier State Chronicles.

This explanation seems incomplete, in some respects. First, the changing nature of her testimony could have had a stronger impact on the jury’s decision. Second, some of the jury may not have taken her lifestyle into consideration or may have not even known about it. Third, her profession should not have had any bearing on whether her testimony was true or not. The last of these hypotheses is sadly anachronistic; at the turn of the century, Victorian values were still in full swing and it is less than likely that the jury, if they had known about Levi, would have ignored it. Biases are an inherent part of everyone’s experiences, so the jury may have been biased against her from the start. Heighway’s explanation only answers part of this puzzle.

Alongside the knowledge of Levi’s lifestyle and changing testimony, it should be noted that Fodrea was accused of stalking, intimidation, threats, and eventually murder. It is not absurd to suggest that he could have killed Seay as a tragic conclusion to a failed courtship. Yet, as his defense pointed out, Fodrea was only connected to this crime via the woman his alleged victim was interested in. A full murder weapon was never found, eyewitnesses only described a gentleman in an overcoat at the mill, and the only witness who directly connected him to the crime had changed her story before it came to trial. There was enough doubt to acquit Fodrea, but the newspaper accounts of the trial acknowledge that Fodrea’s acquittal came from a weak prosecution, not a strong defense.

Prototype of the “Beetle Flyer,” an automobile built by the Fodrea-Malott Manufacturing Company, Hamilton East Public Library.

William Fodrea eventually picked up the pieces of his life, but in the most surprising way imaginable. Between 1908 and 1909, he co-founded the Fodrea-Malott Manufacturing Company, where he used his improved transmission design to build a better type of automobile. They developed only one vehicle during their lifetime, the “Beetle Flyer,” which was built by a staff of 8 (including Fodrea). When his partner, Charles Malott, suffered an auto accident in 1909 that destroyed much-needed supplies, the company folded. Malott moved to California and Fodrea moved to Arkansas, “to work on mechanical devices.” To this day, Fodrea-Malott remains the only known automobile company from Hamilton County. Fodrea died around 1945, according to Social Security and Census records.

The death of John Seay and the murder trial of William Fodrea captivated the citizens of Hamilton County and both of Indianapolis’s major newspapers. It displayed all the classic elements of a pulp-crime novel: unrequited love, intrigue, obsession, and murder, hence its extensive coverage by the News and the Journal. Fodrea’s acquittal put to rest, at least for the newspapers, whether or not he actually committed the horrendous deed, but his subsequent move to Arkansas suggests that it continued to haunt him. We may never know what exactly happened on that brisk, December night, but its effects left a deep influence on the community for years after.

The Conspirators: Eugene V. Debs, Clarence Darrow, and the ARU Trials of 1894-95

Indiana history is replete with trailblazers, those who stood against the norm and fought for what they believed in. One such trailblazer was Eugene Victor Debs, founder of the American Railway Union (ARU) and perennial candidate for president of the United States under the Socialist Party banner. Before his presidential runs, before the “legend” of Debs took hold in the American psyche, a series of events in 1894-95 catapulted Debs’ status from obscure labor leader to “the ideal of the workingmen of America.”

Greencastle Daily Banner Times, December 15, 1894. Hoosier State Chronicles.

Another seminal character in Debs’ rise was Clarence Darrow, the famed litigator and labor supporter who used his considerable legal talents to defend Debs and the ARU. Coincidentally, Darrow’s rise to American consciousness, in some measure, parallels Debs’ own emerging prominence. They both supported and emboldened each other during an era of immense fortunes for those at the top and very little for those at the bottom. This blog details their partnership during one of organized labor’s most trying times and how these two men facilitated each other’s mythos during America’s Gilded Age.

Richmond Palladium, November 13, 1917. Hoosier State Chronicles.

It all began with a labor strike. On May 11, 1894, 2,000 employees walked out of their jobs at the Pullman Palace Car Company in Chicago. While the press concluded that the exact nature of the walk out was unknown, the strike had been brewing for months. The economic Panic of 1893 left hundreds of thousands unemployed or underpaid. As the New York Evening World wrote in their report on the initial walk out, “Trouble had been brewing for some time, the men demanding the restoration of a 33 1/3 per cent cut in the wages made last year.” Conditions worsened when the majority of Pullman workers, living in a company town established by the eponymous owner, found rent, food, and other goods too expensive for their slashed wages. The Pullman Company refused to lower prices, despite the wage decreases. These, among other factors, led to the walkout.

New York Evening World. May 11, 1894. Chronicling America.
Pullman workers walking off the job, 1894. Wikispaces.

Within days, the American Railway Union became involved. Founded in Chicago on June 20, 1893, the ARU “very quickly became the nation’s largest organized union.” Debs served as the union’s president. When the Pullman strike erupted in May, the ARU fended off accusations of trying “to stop the Pullman car service throughout the country in an effort to win the strike at Pullman.” However, that didn’t stop the ARU from creating “assemblies of A.R.U. at Wilmington, Del[aware], Ludlow, “K[entuck]y, and St. Louis among the Pullman employe[e]s at those points.”

Indianapolis Journal, May 13, 1894. Hoosier State Chronicles.

In May, the ARU were merely facilitators for the workers; by June, they had taken over the strike. On June 26, 1894, the ARU “began to fight against the Pullman Palace Car Company. Orders for the boycott have issued to all local branches of the organization and preparations are not complete for what it is said may be the greatest railway fight in history.” ARU Vice President George W. Howard expressed his intent in the Indianapolis News:

We are going to bankrupt George M. Pullman, and we are going to do it in a short space of time. We have shut up his works at Ludlow and St. Louis and we shall be able to close his last door at Wilmington by next week. He will be rendered completely helpless inside of ten days unless he comes to terms before that time.

Chicago Police Chief Michael Brennan. History of the Chicago Police, Internet Archive.

Despite walkouts, threats, and the boycott, the General Managers Association decided to keep the Pullman cars running, including “twenty-two Chicago terminal lines.” The company wouldn’t budge on its commitment to lower wages. A police presence, led by Chief Michael Brennan, was asked for by Pullman “in case of trouble as a result of the boycott by the American Railway Union.” Strikers in St. Louis spoke with its police chief in an effort to stave off violence that might “throw discredit on them.” Things were heating up.

Indianapolis News, July 6, 1894. Hoosier State Chronicles.

By early July, Chicago erupted in a fury. The Indianapolis News reported that “two strikers were killed outright and others injured in a riot in the Illinois Central yards at Kensington.” Meanwhile, some “five hundred men were rushing up and down the yards, overturning freight cars and blocking the tracks in every possible manner.” Law enforcement descended on the mob, “150 United States Marshalls and Cook County deputies,” using everything at their disposal to quell the melee. This resulted in gunshots rippling through the crowd, a short stammering by the mob, and then a full-on retreat by police forces as the hordes of laborers charged at them. This continued well into the afternoon, with hundreds of freight cards either ripped from the tracks or burned to the ground. In all, six men died and the railways suffered roughly $2,000,000 worth of damage (over $56,000,000 in 2016 dollars).

Indianapolis News, July 7, 1894. Hoosier State Chronicles.

In the middle of all this carnage, both physical and political, was ARU founder and President Eugene V. Debs. During the July 6 riots, Debs released a statement that rankled the capitalists as well as the public, subtly acknowledging the chaos. “If the corporations refuse to yield, and stubbornly maintain that there is ‘nothing to arbitrate,’ the responsibility for what may ensue will be upon their heads and they can not escape the penalties,” Debs declared. However, his tune changed slightly the next day, telling the strikers that “I deem it my duty to caution you against being a party to any violation of law” and “those who engage in force and violence are our real enemies.” Despite his pleas for peace, the ARU’s boycott and ensuing violence animated the United States Court in Chicago to file an injunction against Debs and the ARU. “The injunction was served as Debs was leaving the Sherman House this morning,” the News wrote.

Indianapolis Journal, July 11, 1894. Chronicling America.

The injunction proved fatal to the strike and to Debs’ hopes of representing the workers in their negotiations with the Pullman Company. On July 10, Debs, ARU Vice President Howard, and two other ARU representatives were arrested in Chicago under alleged violation of the US Court’s injunction. “They are charged with conspiracy to commit an unlawful act—that is, to block the progress of the United States mails,” the Indianapolis Journal reported. The men were arraigned in front of a grand jury and ordered to jail unless they posted bond at “$10,000 each.” Debs’ mail and other ARU materials were seized by the government, as potential evidence in the trial. Debs appeared particularly upset about this action. “…I cannot understand under what law the postoffice [sic] authorities are a party to the seizure of my private mail,” Debs barked, “It is an outrage and you call this a free county? It seems to me not to be compatible with the stars and stripes.” Despite his anger, Debs reached out to his fellow laborers and told them to stay vigilant, refrain from violence, and “maintain law and order.”

Clarence Darrow, circa 1900. Library of Congress.

The attorney who defended Debs and the ARU was none other than Clarence S. Darrow. Before his legendary status in American life as one of the country’s greatest litigators, Darrow was a young attorney making a career for himself in Chicago. After leaving a lucrative practice representing the Chicago and North Western Railway Company, Darrow rose to prominence as the public defender of Patrick Eugene Prendergast, the man who murdered Chicago Mayor Carter Harrison during the 1893 World’s Fair. Darrow toiled well over a year to get Prendergast an insanity plea, and when that failed, he diligently worked with state government to stay his client’s execution. Darrow, who sternly against capital punishment, felt it his duty to stand against its use in such a unfortunate case. Sadly, Darrow’s crusade was unsuccessful and the state executed Prendergast by hanging on July 13, 1894, three days after Debs faced arrest in Chicago.

Omaha Daily Bee, July 11, 1894. Chronicling America.

Darrow, disappointed in the state’s decision in the Prendergast case but emboldened in his desire to defend those deemed indefensible, took on the Debs case right away, according to the Indianapolis News and the Omaha Daily Bee. The Bee also reported that a “large number of telegrams sent by Debs from his headquarters” provided “directions which extended the blockade of trains. . . .” Western Union initially withheld the telegrams from the United States Court, but Judge Peter S. Grosscup issued a subpoena and the company relented. To make things worse, the press wrote scurrilous descriptions of Darrow and Debs. The Wichita Daily Eagle called Darrow “an outspoken Anarchist and no party has the courage to nominate him for any position. His political feelings are dangerous.” As for Debs, the Eagle painted him as the “most indignant citizen . . . the dictator of his union and the regulator of the commerce of the country.” Darrow knew as much as Debs that this case could upend their careers – or gain them the public support they craved.

Judge Peter S. Grosscup. Google Books.

The first trial against Debs and the ARU began in Chicago on July 23, 1894. As biographer John A. Farrell noted, the Feds “launched a two-track legal defense on Debs and his men: the contempt proceeding in which there were accused of violating the federal court’s injunction banning anyone from ‘inciting’ workers to strike, and a criminal case that charged the union with conspiring to stop the mails and to interfere with interstate commerce.” Darrow led a defense team with attorneys William W. Erwin and Stephen S. Gregory. They intended to dismiss the charges against Debs and the alleged conspirators by challenging the legality of the federal injunction. “It will be contended that what the court has done amounts to a usurpation of power not given to the federal judiciary [by] either constitution or law,” the Topeka State Journal wrote. The defendants also denied that Debs and the ARU directed the strikers to leave their posts, but rather its members voted in favor to strike. As for the telegrams, the only approved communication between Debs and the strikers came on July 6, when Debs counseled “every one to stand firm,” not to use violence or to block rail lines. Defense attorney Gregory reiterated this point in a passage from the Indianapolis Journal: “The attorney contended that as long as people obeyed the laws they could not be held responsible for the lawlessness of others.” Each defendant consulted extensively with Darrow and his team before their case was filed.

William W. Erwin. Saint Paul Historical.
Indianapolis Journal, July 24, 1894. Hoosier State Chronicles.

Chicago District Attorney Thomas E. Milchrist, Assistant-District Attorney John P. Hand, and special counsel Edwin Walker represented the prosecution, with attorneys for the Santa Fe Railroad assisting. Walker spoke for the state on the first day and argued that, “All the strike orders which had resulted in the stoppage of commerce and mails came from the office of the union in Chicago, and they were responsible for everything that happened in consequence, even to the loss of life.” Walker, by offering evidence against Debs in the criminal case regarding blocking the U. S. Mail, indirectly affirmed the injunction against ARU. This appeared strong enough in the eyes of presiding Judges William A. Woods and Peter S. Grosscup (he advised Woods), who threw out the defense’s plea to drop the contempt charges on July 25. Two days later, Judge Woods postponed further arguments in the trial until September, so the court could accrue evidence under the assistance of a master of chancery. Debs and the other defendants posted bail and awaited the continuation of their case. The ARU was dealt a serious blow, but the fight was only beginning.

Judge William Allen Woods. Google Books.
Chicago District Attorney Thomas Milchrist. Google Books.

On September 26, 1894, arguments were continued in the Seventh Circuit Court in Chicago under presiding Judge Woods. In his four and a half hours of arguments, Clarence Darrow’s defense of Debs became legendary. The Chicago Tribune published a piece the next day entitled, “Darrow Hurts Debs: Counsel for the Ex-Dictator Flies into a Rage,” where Darrow “was credited with having made an exceedingly able argument.” (The article’s splashy title doesn’t match what is said of Darrow; in that regard, it’s a 1890s version of “clickbait.”) Darrow’s argument was twofold. First, the ARU did direct strikers via telegram after the injunction, “but had a perfect right to do so . . . .” Second, the prosecution’s basis for the injunction, the Sherman Anti-Trust Act of 1890, was legally unfounded. “He argued at length,” the Tribune reported, “to prove the act had no reference to strikes, but was designed exclusively to correct the outrages of the railroad companies. He thought it a shame the railroads should use it against other people.” Darrow also went after prosecuting attorney Milchrist, saying that “I never knew a man who had more abused an office in which chance placed him . . . .” Milchrist was incensed, and fired back with, “I am responsible for my words. I will not take lessons from you in professional ethics.” To which Darrow snapped, “You ought to take lessons from some one [sic].”

Chicago Tribune, September 27, 1894. Chicago Tribune Archives.

Darrow’s strident defense of Deb’s found coverage throughout the nations newspapers, including the Crawfordsville Journal, the Indianapolis Journal, and the San Francisco Morning Call. The Call’s write up was particularly insightful; Darrow’s reasoning on the right of workers to strike found clearer elucidation than had been in the Tribune. “He said the defendants had not committed any wrong and declared that every man had the right to abandon his position either for a good or bad reason. No court could put a citizen into a condition of servitude,” the Call wrote.

San Francisco Morning Call, September 27, 1894. Chronicling America.

Despite Darrow’s passionate and astute defense of his clients, Judge Woods ruled against Debs and the ARU. On December 15, 1894, Eugene V. Debs was sentenced to six months in prison for violating the federal injunction against the ARU. Seven others, including ARU Vice President Howard, received 3 month sentences. In his ruling, Judge Woods declared: “I think there is no doubt these defendants had power to make the men who looked up to them do as they pleased and that they continued to violate this injunction.” As Darrow feared, Judge Woods sentenced them under his reading of the Sherman Anti-Trust Act. The act was created to protect the laboring classes, instead Woods applied the law as a weapon against them. “The decision is bad law,” Darrow said, “but the sentence is remarkably lenient.” As for Debs, he was quoted in the Greencastle Daily Banner Times, saying:

I am a law abiding man and I will abide by the law as construed by the judges. But if Judge Woods’ decision is law, all labor organizations may as well disband. According to him, every strike is a conspiracy and unlawful. . . . In the strike of last summer every effort was made by the leaders to prevent violence. Judge Woods intimates that this advice was given to the effect it would have on the public and that the strikers were not expected to heed it. What right has he to draw such an inference? There is nothing in the evidence to support it.

Greencastle Daily Banner Times, December 15, 1894. Hoosier State Chronicles.

Judge Woods gave Darrow and the ARU ten days to develop a strategy to keep them out of jail. Darrow’s plan consisted of the defendants calling for a writ of habeas corpus in front of the US Supreme Court, bypassing the appeals court process altogether. However, Darrow had to be admitted to the Supreme Court bar and meet with the necessary people to begin the process. This delayed Debs’ and the others’ chances of staying out of prison, and while Darrow did all he could to get them freed, Debs and the others began serving their prison terms.

Iron County Register, December 20, 1894. Chronicling America.

And this was only the contempt trial. The criminal trial charging the ARU with blocking the passage of U. S. Mail also plagued Debs, and its decision would be made by a jury rather than a judge. It began on January 27, 1895, with Judge Grosscup, who assisted Woods in the injunction trial, presiding. Edwin Walker, continuing his work for the prosecution, asked the ARU to produce its meeting minutes from the previous summer. This plan backfired, according to Darrow biographer John A. Farrell, because the ARU made its proceedings public months before and had nothing to hide. Darrow, sensing a good strategy, asked for the prosecution to produce the minutes of the General Managers Association. This proved fatal to the prosecution, for it necessitated railway owner George Pullman to testify. He evaded a subpoena and, ironically, faced possible contempt charges. Once Debs, released on bail just days before, took the stand and testified against the charges, the trial fell apart. What happened next can only be described as serendipitous. One of the jurors, a man named “Coe,” fell ill and the jury was discharged. The trial lingered on a continuance but was eventually dropped. Debs, Darrow, and the defense felt certain that if the trial continued, and Pullman was asked to testify, they would’ve won. As one juror said to Debs on his way out, “when this trial opened I was in favor of giving you a 5-year sentence, but now I am anxious to see you free.”

Indianapolis News, February 12, 1895. Hoosier State Chronicles.

One trial down, one to go. Debs, Darrow, and the ARU were off to Washington. Darrow presented his petitions for a writ of error and a writ of habeas corpus to the Supreme Court; Chief Justice Melville Fuller asked for the legality of each petition to be considered. The justices agreed to hear the case and oral arguments were scheduled for March. The first day of arguments began at 12:40pm on March 25, with Darrow, Gregory, and Lyman Trumbull representing Debs. Walker, Attorney General Richard Olney, and Assistant-Attorney General Edward B. Whitney represented the government. As the Indianapolis Journal reported, Darrow and his team sought to reaffirm their position that the Sherman Anti-Trust Act did not grant courts the authority to issue an injunction against the ARU. Furthermore, Trumbull argued that if the lower court had only used the newspaper as a means of disseminating the injunction, “it was in defiance of Congress, and it was not to be supposed that everybody was to be compelled to read the newspapers.” He further “urged . . . that Debs and his associated were illegally imprisoned, and asked for their release.”

Indianapolis News, May 27, 1895. Hoosier State Chronicles.

After two days of intense oral arguments, the Supreme Court unanimously ruled against Debs and the ARU’s application for a writ of habeas corpus. In the court’s opinion, Justice David Brewer wrote: “The strong arm of the national Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises, the army of the Nation, and all its militia, are at the service of the Nation to compel obedience to its laws.” Debs was devastated by the decision and shared his disgust with a local reporter:

I think it [Supreme Court] is one of the worst demoralized organizations in the country. When the law in the Debs case was made it was intended to apply to check the greed of corporations. No one ever thought it would be twisted to apply to labor organizations. The decision will be a great blow to railroad labor organization. Railroad men will hardly dare to act, under this interpretation.

Darrow and Trumbull also lambasted the decision, calling it “a sort of double barreled shotgun justice—punishing a man for a crime for which he had been indicted but before he was tried.” Not able to accrue time served, Debs began his six-month jail sentence for contempt of the federal injunction; he served out his time in Woodstock, Illinois.

Indianapolis News, November 14, 1895. Hoosier State Chronicles.

While Debs served out his sentence, Darrow, Trumbull, and scores of labor organizers worked on a big reception for the ARU leader upon his release. They rented out Battery D in Chicago, a venue of 6,000 seats. In a subtle bit of goading, they even invited Judge Woods to attend. On November 22, 1895, Eugene V. Debs was released from jail. A throng of supporters rushed from the train depot to pick up their embattled leader and escort him to the reception awaiting in Chicago. The Greencastle Democrat reported that nearly 4,000 attendees crowded into Battery D to hear Debs speak “for about two hours on topics which have become familiar to all labor advocates.” “I have had time for meditation and reflection,” Debs said among his supporters, “and I have no hesitancy in declaring that under the same circumstances I would pursue precisely the same policy. So for as my acts are concerned I have neither apology nor regret.” That night, Debs evolved from regional labor leader into emerging legend in radical politics.

Greencastle Democrat, November 30, 1895. Hoosier State Chronicles.

Eugene V. Debs and Clarence Darrow used the Pullman strike a means for empowering the working man and precipitating their influence in American life. Debs went on to become one of America’s most successful third-party politicians, running for president under the Socialist Party banner five times (1900, 1904, 1908, 1912, 1920). In his final presidential run, he won nearly a million votes while in a jail cell for violating the Sedition Act. He also co-founded one of America’s most influential unions, the International Workers of the World—known colloquially as the “Wobblies.” He died in 1926.

Debs at Atlanta Federal Penitentiary, circa 1920. California Literary Review.

As for Darrow, he became one of America’s celebrated, as well as infamous, lawyers. He set up a law practice (with aspiring poet Edgar Lee Masters) that helped the poor, immigrants, labor activists. In particular, he represented the McNamara brothers in the Llewellyn Iron Works explosion trial and saved Nathan Leopold and Richard Loeb from execution in their 1924 trial for murder. However, the trial he is best remember for is the Scopes “Monkey Trial” of 1925. Darrow defended schoolteacher John T. Scopes, on trial for the teaching of evolution. This led to his legendary court battles with William Jennings Bryan, who led the prosecution. Despite Scopes’ conviction, which was later overturned on a technicality, Darrow’s defense of science, secularism, and freedom of thought still resonates today. Darrow died in 1936, at the age of 80.

Clarence Darrow and William Jennings Bryan during the Scopes Trial, 1925. Chicago Tribune.

Both of these men forged indispensable paths during the nineteenth and early twentieth centuries. The eight-hour work day, child labor laws, and workplace protections; all these rights were defended, and often won, as a result of their efforts. The ARU trials of 1894-95 propelled their lives into the national conversation and supplied them a platform for their crusades. So while Debs didn’t win the battle in the courts, he often won in the war of ideas. As a result, Debs’ fight became Darrow’s. Reflecting in his memoir years later, Darrow wrote:

Eugene V. Debs has always been one of my heroes . . . . There may have lived some time, some where, a kindlier, gentler, more generous man than Eugene V. Debs, but I have never known him. Nor have I ever read or heard of another. Mr. Debs at once became the head of the Socialist party of America. I never followed him politically. I never could believe that man was so constructed as to make Socialism possible; but I watched him and his cause with great interest. He was not only all that I have said, but he was the bravest man I ever knew. He never felt fear. He had the courage of the babe who has no conception of the word or its meaning.

Debs and Darrow used their Midwestern smarts, guff, and gumption to take on the biggest powers of their time, from the railroad barons to the Supreme Court. In doing so, their battles changed each other—and changed America.

“King Debs,” Harper’s Weekly, July 14, 1894. Library of Congress.

“The City’s Crown of Shame”: The Evansville Race Riot

On July 6, 1903, militia men guarded the Vanderburgh County jail against a lynch mob. The crowd sought vigilante justice for the fatal shooting of Evansville patrolman Louis Massey by Lee Brown, an African-American, on July 4. It is not known whether the crowd or the jail guards opened fire first, but the initial casualties from the clash included six people dead (including a 15-year-old female bystander), another six with fatal wounds, and 25-29 others wounded.

Many African Americans fled the city in fear for their lives. Vanderburgh County historian Dr. Darrel Bigham wrote, “”The violence had a profound influence on black Evansville. Aside from property damage and threats to personal safety of hundreds of blacks, it blunted the development of the business and professional community.”

As a response to the violence, Governor Winfield T. Durbin ordered the Indiana National Guard to Evansville to restore order. Troops patrolled the city for nearly a week before withdrawing from the city on the morning of July 10. Brown died in jail on July 31 as a consequence of a gunshot wound in his lung sustained during his altercation with patrolman Massey.

Below are newspaper clippings from throughout the country chronicling the riot and its aftermath. Clicking on any of the headline clippings will take you to digitized copies of the full articles.

To read a summary about the riot, check out this short piece from Evansville Living or for an in-depth examination see Brian S. Butler’s dissertation, An Undergrowth of Folly” : Public Order, Race Anxiety, and the 1903 Evansville, Indiana Riot.

Indianapolis News, July 4, 1903. Hoosier State Chronicles.
Indianapolis News, July 6, 1903. Hoosier State Chronicles.
Louisville Courier-Journal, July 8, 1903, Newspapers.com.
Louisville Courier-Journal, July 6, 1903. Newspapers.com.
San Francisco Call, July 6, 1903. Chronicling America.
Indianapolis News, July 6, 1903. Hoosier State Chronicles.
Louisville Courier-Journal, July 7, 1903. Newspapers.com.
Minneapolis Journal, July 7, 1903. Chronicling America.
Indianapolis News, July 7, 1903. Hoosier State Chronicles.
Rock Island Argus, July 7, 1903. Chronicling America.
San Francisco Call. July 7, 1903. Chronicling America.
Indianapolis Journal, July 8, 1903. Hoosier State Chronicles.
Louisville Courier-Journal, July 9, 1903. Newspapers.com.
Gainesville Star, July 10, 1903. Chronicling America.
Indianapolis Journal, July 11, 1903. Chronicling America.
Kalispell Bee, July 14, 1903. Chronicling America.
Iron County Register, July 16, 1903. Chronicling America.
Indianapolis News, July 31, 1903. Hoosier State Chronicles.