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Passing Strange

Page 45

by Martha A. Sandweiss


  31 See the entry for Herman Schwartz, 1930 U.S. Federal Census, Brooklyn, NY, ED 24-765, SD 30, sheet 10A, http://content.ancestrylibrary.com/Browse/view.aspx?dbid=6224&path=New+ York.Kings.Brooklyn+(Districts+751-1000).765.19 (accessed Aug. 18, 2007).

  32 William G. Winne, Response to Affidavit of Herman N. Schwartz (18 Nov. 1931), 6.

  33 Winne, Amended Answer to Complaint, 2-4.

  34 Ibid., passim.

  35 Schwartz to Jessup, 9 Dec. 1931, Reply to Answer of the Defendants.

  36 Winne Response to Bill of Particulars, 5 Dec. 1931.

  37 Herman N. Schwartz Affidavit, 21 Dec. 1931, 3.

  38 Jessup to Schwartz, 9 Dec. 1931, Response to Request for a Bill of Particulars, 11 Dec. 1931.

  39 Schwartz to Jessup, 9 Dec. 1931, Reply to the Defendants.

  40 Deposition of Henry W. Jessup, 11 Jan. 1932, 1-3.

  41 Motion on Behalf of the Defendants for Judgment on the Pleadings, 7.

  42 Ibid., 8-9.

  43 Memorandum in Opposition to Defendants’ Motion for Judgment on the Pleadings, 6, 9.

  44 Ibid., 7.

  45 “Millionaire’s ‘Love Wife’ Sues for Share in Huge Fortune,” Chicago Defender, Jan. 2, 1932, national ed., 1.

  46 J. Dore, Judgment on the Pleadings, 1 Mar. 1932, Supreme Court, New York County, Special Term, Part 3.

  47 “Court Grants 1st Round to Scion’s Colored Love,” New York Daily News, Mar. 28, 1932, 8.

  48 “New York Woman May Share in $80,000 Trust Fund,” Chicago Defender, Apr. 9, 1932, national ed., 1.

  49 “Secret ‘Union,’ ” 1-2.

  50 Kenny A. Franks and Paul F. Lambert, Early Louisiana and Arkansas Oil: A Photographic History, 1901-1946 (College Station: Texas A&M University Press, 1982).

  51 “Secret ‘Union,’ ” 1-2 ; “Sues for Share of White Man’s Estate,” New York Age, Jan. 2, 1932, 1, 3.

  52 “Secret ‘Union,’ ” 1-2 ; “Negress Asks $200 a Week,” New York Times, Mar. 15, 1928, 13; “Carleton Curtis Wins Suit,” New York Times, Mar. 20, 1928, 35; “Stage All Set for Sensational Separation Suit,” Amsterdam News, Mar. 14, 1928, 1. Despite this publicity, the King trial never received the notoriety of the Curtis trial or the sensational Rhinelander trial of 1925 (in which a wealthy white New Yorker sought to annul his recent marriage to a working-class woman whom he accused of concealing her “colored” identity) largely because King was no longer alive and in the public eye. On the Rhinelander trial, see Earl Lewis and Heidi Ardizzone, Love on Trial: An American Scandal in Black and White (New York: W. W. Norton, 2002).

  53 Memorandum on Motion to Compel Service of Bill of Particulars, 2, 4.

  54 Brief in Opposition to Motion to Compel Defendants to Serve a Bill of Particulars, 2.

  55 New York Daily News, Nov. 21, 1933, cover, 3.

  56 “New York Woman in Court Fight,” 1.

  57 “Justice Bernard L. Shientag Dies of Heart Attack in His Home Here,” New York Times, May 24, 1952, 1.

  58 Harris J. Griston, Shaking the Dust from Shakespeare (New York: Cosmopolis, 1924); “Harris J. Griston, Lawyer, Architect,” New York Times, Oct. 3, 1952, 23. Griston argued in his Shakespeare text that the prototype for Shakespeare’s Shylock was not a Jew but a figure from a medieval story who was a rich slave.

  59 On the history of the firm, see www.emmettmarvin.com. Its name appears on the Defendants Trial Memorandum prepared in late 1933 and on the subsequent appeal documents.

  60 “Mammy Bares Life,” 3; “Payne Whitney Dies Suddenly at Home,” New York Times, May 26, 1927, 1, 25; William G. Winne Testimony (21 Nov. 1933), 11-12, Memorandum for Defendants.

  61 Memorandum for Defendants, 7.

  62 William G. Winne Testimony (21 Nov. 1933), passim.

  63 Plaintiff’s Trial Memorandum, 116.

  64 Ibid., 117-18.

  65 Ibid., 118.

  66 Although a newspaper account reported that Ada King identified twenty letters as King’s, the trial memoranda refer to only about seven letters. See “Justice Stays Ruling in King Trust Estate,” New York American, Nov. 22, 1933, 3. Characterization of the old letters comes from “Scientist’s Letters Reveal His Love for Colored Wife,” 3.

  67 Plaintiff’s Trial Memorandum, 169-72. The letters introduced at the trial no longer exist, and their content is known only through newspaper accounts and various legal summaries written in conjunction with the trial.

  68 See, for example, “Negro Claiming Fund as Wife of King, Geologist,” New York Herald Tribune, Nov. 22, 1933, 7.

  69 “Mammy Bares Life,” 4.

  70 Plaintiff’s Trial Memorandum, 179. “She testified... that she and Ada King had been in Gardiner’s office on a number of occasions, between 1903 and 1911.”

  71 “Widow Tells of Ceremony and Children,” 1-2.

  72 Plaintiff’s Trial Memorandum, 182-83.

  73 “ ‘Bloods’ Hid Scion’s Love,” 3.

  74 “Negro Claiming Fund as Wife of King,” 7.

  75 Ada King’s testimony is reconstructed through news accounts. See “Negro Woman Sues,” 2; “Negro Claiming Fund as Wife of King,” 7; “Mammy Bares Life,” 3-4; “Widow Tells of Ceremony and Children,” 1, 2.

  76 Memorandum for Defendants, 36-37.

  77 Plaintiff’s Trial Memorandum, 185-87.

  78 Memorandum for Defendants, passim.

  79 Hon. Bernard L. Shientag, Judgment ( Jan. 1934); Scheintag, Opinion (22 Jan. 1934).

  80 “Claim on King Art Fails,” New York Times, Jan. 24, 1934, 14.

  81 “Negro Woman Loses Suit for Clarence King Trust,” New York Herald Tribune, Jan. 24, 1934, 16.

  82 Petition of Morris B. Bell (30 Jan. 1934).

  83 See Order to Dismiss Appeal, King v. Peabody et al., 25 Sept. 1934, Appellate Division of the Supreme Court, First Judicial Department, State of New York.

  84 “Widow Keeps Hope Burning,” 2.

  85 Patricia Chacon, interview with author, Wilmington, NC, June 19, 2006.

  86 King, Mountaineering, 11-20.

  87 King, “The Helmet of Mambrino,” with an introduction by Francis P. Farquhar (San Francisco: Book Club of California, 1938), x.

  88 Dennett, John Hay, 157.

  89 Bernard DeVoto, The Year of Decision: 1846 (Boston: Little, Brown, 1943), 348.

  90 Stegner, Beyond the Hundredth Meridian, 344-45.

  91 Crosby, “So Deep a Trail,” v, 467, 355, 357.

  92 HA to S. F. Emmons, 17 Mar. [190?], cited in Wilkins, King, vii.

  93 Wilkins, King, 317, 320, 322.

  94 Louise Hall Tharp, “Great Men Called Him Their Ideal,” New York Times, Aug. 3, 1958, book review, 1.

  95 “Thurman Wilkins,” Contemporary Authors Online (2006).

  96 Wilkins, King, 412-413.

  97 Wallace A. King, U.S. World War II Army Enlistment Records, 1938-1946 Record, accessed on Ancestry.com; Wallace A. King, NA Form 13164, obtained from the National Archives under the Freedom of Information Act. King’s army enlistment record notes his occupation as a musician and states that he was sixty-three inches tall and weighed 141 pounds. On Wilkins, see “Thurman Wilkins,” Contemporary Authors Online.

  98 Wallace King’s high school attendance is recorded on his World War II enlistment form.

  99 Patricia Chacon, interview with author, June 19, 2006; Ada McDonald, Certificate of Death, City of New York, 156-81-409001, New York City Department of Health and Mental Hygiene.

  100 Sidney C. King, New York State Department of Health Certificate of Death, 42437.

  101 Estate of Ada King, Surrogates Court, Queens County, index no. 3507-1966.

  102 Patricia Chacon, interview with author, June 19, 2006.

  103 Ibid. Chacon is the source for the subsequent descriptions of the King household.

  104 Martin Luther King Jr., “I Have a Dream” (speech, Aug. 28, 1963), “Martin Luther King, Jr. Papers Projects Speeches: Address at March on Washington,” http://www.stanford.edu/group/King/publications /speeches /address_at_march_on_washin
gton.pdf.

  105 Ibid.

  106 Ada King, Certificate of Death, City of New York, 156-64-404943, New York City Department of Health and Mental Hygiene.

  107 Wallace A. King, Certificate of Death, City of New York, 156-81-413685, New York City Department of Health and Mental Hygiene; Ada McDonald, Certificate of Death, City of New York, 156-81-409001, New York City Department of Health and Mental Hygiene.

  EPILOGUE : SECRETS

  1. Harris Co., GA, DV M:205, 19 Feb. 1883/24 Feb. 1883, Harris County Courthouse, Hamilton, GA; citation courtesy of Lea Dowd.

  2. I attended the Copeland Family Homecoming in Pine Mountain Valley, GA, on Aug. 7, 2005. None of the approximately 120 gathered family members knew of Ada or had heard stories about a family member who had gone north to New York in the 1880s.

  3. The important exception is Patricia O’Toole, who uncovered new evidence about King’s secret marriage—including Ada’s maiden name—while doing research for her group biography, The Five of Hearts. The marriage, though, was not the focus of her book, and she devotes only about eleven pages to a discussion of the relationship between Clarence King and Ada Copeland. More recently, there have been two new biographies of King. Robert Wilson’s The Explorer King: Adventure, Science, and the Great Diamond Hoax—Clarence King in the Old West (New York: Scribner, 2006) relies largely on secondary sources to narrate King’s western survey work up through his involvement in the diamond hoax of 1872, with only a passing reference to his later professional career and barely a mention of his private life. James Gregory Moore’s King of the 40th Parallel: Discovery in the American West (Stanford, CA: Stanford University Press, 2006) provides a lively account of King’s western survey work that, as befits a book written by a former geologist for the United States Geological Survey, conveys a vivid sense of how King worked in the field. Focusing on King’s career as an explorer, the author gives scant attention to King’s life after his departure from the USGS in 1881 and mentions Ada only in passing. Aaron Sachs, in The Humboldt Current: Nineteenth-Century Exploration and the Roots of American Environmentalism (New York: Viking, 2006), speculates briefly about the precise nature of King’s relationship to Ada, seeing it as “a characteristic attempt to seek connection in a way that was guaranteed to fail” (261). Zeese Papanikolas, in American Silences (Lincoln: University of Nebraska Press, 2007), reimagines the lives of a broad range of American cultural figures from Henry Adams to Jackson Pollock, and likewise gives fleeting attention to Ada King. But alone among these writers, he imagines her as central to King’s life, speculating that with his marriage “King’s life was cut in two” (47).

  Index

  Adaline (slave)

  Adams, Clover

  Adams, Henry

  Hay’s correspondence with

  historical writings of

  on King as ideal American

  and King’s Caribbean trip

  King’s friendship with

  and King’s ill health

  and King’s love of paradox

  on King’s nervous breakdown

  on King’s restlessness

  and wife’s suicide

  African Americans:

  civil rights of

  discrimination against

  economic progress of

  education of

  as freed people

  health care for

  as lawyers

  military service of

  neighborhoods of

  newspapers of

  northern emigration of

  “passing” by

  racial identity of

  religious affiliations of

  in slavery

  violence against

  African Methodist Episcopal Church

  Afro-American Council

  Agassiz, Louis

  Age of Innocence, The (Wharton)

  Allston, Washington

  Along This Way (Johnson)

  “amalgamation”

  Amateis, Louis

  American Anti-Slavery Society

  American Art Association

  American Geographical Society

  American Historical Association

  American Institute of Mining Engineers

  American Journal of Science

  American Philosophical Society

  American Silences (Papanikolas)

  Amsterdam News

  Ancona, John

  Anglo-Mexican Mining Co.

  Antietam, Battle of

  Appletons’ Journal of Literature, Science and Art

  Armour, Philip

  Army Corps of Engineers, U.S.

  Atlantic Monthly

  Augusta (black servant)

  Autobiography of an Ex-Colored Man, The (Johnson) -52n

  Bachner, Frederick

  Bancroft, Hubert Howe

  Base of the Rocky Mountains, Laramie Peak (Bierstadt)

  Beale, Emily

  Beard, George Miller

  Becker, Alexander

  Becker, George

  Beecher, Henry Ward

  Bell, Morris

  Bethlehem Baptist Church

  Bible

  Bierstadt, Albert

  Birth of a Nation

  Black and Tan clubs

  Black Belt

  Black Manhattan (Johnson)

  Bloomingdale Asylum for the Insane

  Body, Rias

  Boozier, Andrew

  Boston Herald

  Brace, Charles Loring

  Brewer, William H.

  Brick Presbyterian Church

  Bridgham, Albert

  Bronson, Edgar Beecher

  Brooklyn Bridge

  Brooklyn Daily Eagle

  Brooklyn Navy Yards

  Brooklyn White Lead Co.

  Brown, Edward V.

  Brown, Letitia

  Browne, Junius Henri

  Brownell, William Crary

  Brownsville, Tex., race riot (1906)

  Brown University

  Brush, George J.

  Buckland, William

  Bullock, Thomas

  Burns, Clarence

  Burns, Grace King

  Burns, Grace Margaret

  Burns, James A.

  Burns, Thelma

  Burroughs, John

  Caldwell, J. H.

  California State Geological Survey

  Cameron, Elizabeth

  Camp Cure (Mitchell)

  Camulos ranch

  Carswell, William

  Cary, Edward

  Castilian Days (Hay)

  “Catastrophism and Evolution” (King)

  Catholic Church

  Cayton, Horace

  census, U.S.:

  of 1850

  of 1860

  of 1864

  of 1870

  of 1880

  of 1890

  of 1900

  of 1910

  of 1920

  of 1930

  Century Association

  Century Illustrated Magazine

  Cervantes Saavedra, Miguel de

  Characteristics (Mitchell)

  Charities Aid Society

  Charles Scribner’s Sons

  Chase, Mary

  Cherry.S.

  Chicago Defender

  Chihuahua mine

  China

  Christ Church Hall

  Civil War, U.S.

  Clarence King Memoirs: The Helmet of Mambrino

  Cleveland, Grover

  “coaching”

  Coachmen’s Union League Society

  coal mines

  Cody, William F. “Buffalo Bill”

  “color line”

  Columbia River

  Common-law marriages

  Comstock Lode

  Congress, U.S.

  Conness, John

  Cook, James H.

  Copeland, Abbie

  Copeland, Ada, see King, Ada Copeland Todd

  Copeland, Adaline

  Copeland, Adeline Trammell

&n
bsp; Copeland, Emanuel

  Copeland, Harry

  Copeland, Ishmael

  Copeland, John

  Copeland, Scott

  Copeland, William, Jr.

  Copeland, William “Billie”

  Copeland family

  copper mines

  Cotter, Richard

  cotton

  Cotton Club

  Cox, Chastain

  Craig, R. W.

  Crisis

  Croly, David

  Crosby, Harry Herbert

  Cross and Blackwell’s pickle factory

  Curtis, Carleton

  Cutter, Don Horacio

  Daily Territorial Enterprise

  Daisy Miller (James)

  Dalrymple, George North

  Dana, James Dwight

  Darwin, Charles

  Davis, Joseph S.

  Dean, Ellen

  Democratic Party

  Dennett, Tyler

  DeVoto, Bernard

  Dewey, Daniel

  diamond hoax (1872)

  Dickens, Charles

  Divine Comedy (Dante)

  Doré, Gustave

  “double consciousness”

  Douglas, Stephen

  Douglass, Frederick

  Douglass, Helen Pitts

  Downing, George T.

  Drake, St. Clair

  DuBois, W. E. B.

  Dunbar, Paul Laurence

  Dutcher, Howard

  Education of Henry Adams, The (Adams)

  Eldridge, Clarine

  elections, U.S.:

  of 1860

  of 1870

  of 1892

  Emancipation Proclamation (1863)

  Emerson, Ralph Waldo

  Emmett, Marvin & Martin

  Emmons, Samuel Franklin “Frank”

  Engineering and Mining Journal

  Esther (Adams)

  eugenics

  Evens, Henrietta

  evolution

  Exodusters

  Explorer King, The (Wilson)

  Fall, Albert

  Farquhar, Francis P.

  Fauset, Jessie

  Federal Writers’ Project

  Fields, James T.

  Fifteenth Regiment, National Guard

  Fifth International Congress of Geologists (1891)

  Five of Hearts

  Five of Hearts, The (O’Toole)

  Florida Supreme Court

  Florida v. Patterson

  Floyd, J. F.

  Flushing Cemetery

  Fort Adams

  Fort Bridger

  Fort Kearney

  Fort Monroe

  Fort Totten

  Fort Tyler

  Fortune, T. Thomas

 

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