Before It Was Legal: a black-white marriage, 1945-1987

Photograph from Nancy Poling’s personal collection.
  •  Out of courtesy to their descendants, the names of the Richmond couple have been changed.

Twenty-two years before Loving v. Virginia, Anna Harley, a white woman, and Daniel Winters, an African American man, sacrificed family, friends, and even country, to live together as husband and wife. In 1986, the Winters allowed me to interview them at their Mexico City home. It took me nearly 30 years to write Before It Was Legal: a black-white marriage (1945-1987). As the trust between us developed and they shared a part of their life they’d intended not to speak of, theirs became a more difficult narrative to put to paper. Looking back on their forty-two-year marriage—a tape recorder between them on their green sofa—they reflected on their relationship with startling honesty.*

On February 2, 1945, the Richmond, Indiana couple drove to Chicago, where they could legally marry. In Indiana “marriage between a white person and a person with one-eighth or more Negro blood” was a felony, punishable by a heavy fine, imprisonment, and the voiding of the marriage. Not until two years later, when Daniel’s mother, in Richmond, became ill, did the couple return to Indiana. During the eleven years they lived there, they were never prosecuted, but faced persecution.

Daniel was born in Richmond in 1908. The town he remembered was as segregated as most southern cities, with restaurants, beaches, and hotels off-limits to the city’s black population. When African American celebrities like Louis Armstrong, Joe Lewis, and Marian Anderson, visited the Indiana city they had to spend the night with a local widow, who rented out rooms.

A precocious child and an outstanding athlete, Daniel wasn’t bothered by the community’s discrimination until he was old enough to participate in team sports at school. A particularly painful memory included a frigid evening in which he had to change into his basketball uniform outside in the shadows of the YMCA building, because the association prohibited him from using its locker room. Although he took all of the advanced classes in high school, his white teachers never encouraged him to attend college. Yet in 1933, during the Great Depression, he graduated from Earlham College with a teaching degree in Spanish. While at the school, President William Cullen Dennis’s office chided Daniel for walking into town with groups of white women on his way home from classes. Daniel could not participate in Earlham’s social events that took place at the YMCA or Richmond hotels. After a long period of working menial jobs, he was able to teach Spanish in the federally-funded Works Progress Administration (WPA) program.

The Richmond Item, August 30, 1935, 11, accessed Newspapers.com.

Anna, born near Lima, Ohio, was seven when her mother died. Six years later her father took off to California without her. Abandoned, she went to live with her older sister, Violet, in Brookville, Ohio, near Dayton. She grew up independent and with an adventuresome spirit. Following her 1938 graduation from Manchester College, in Indiana, she became a social worker.

Daniel and Anna met in Richmond. The WPA office he worked out of was located in the same building as the Unemployment Relief Agency, which Anna supervised. A gregarious man, Daniel went downstairs to visit the young women who worked there. He and Anna began meeting at night in the privacy of her car, where they talked, kissed, and held each other. When Anna was transferred to northern Indiana and attended meetings in Indianapolis, Daniel rode there by bus. Indianapolis was large enough for them to appear in public and maintain anonymity. Yet people stared when they walked arm in arm along the sidewalk. Men sneered, “whore” in passing.

Only one of Anna’s friends, Inez, met Daniel before the marriage. Inez was quickly drawn to his charm and urbane demeanor, but she warned in letters that Anna should follow her head instead of her heart. A daughter of Anna’s sister, Violet, later said, “Mom practically had a nervous breakdown,” upon learning of the approaching marriage.

Daniel working at International Harvester, courtesy of Nancy Poling’s personal collection.

With World War II boosting production, International Harvester hired Daniel as a janitor at its Richmond plant- some company leaders were convinced that African Americans lacked the intelligence to operate machinery. The labor union, however, valued his education and elected him to leadership positions. During the McCarthy era, like other union activists, he was labeled a communist and intimidated by the FBI.

When Harvester closed its Richmond plant in 1957, no one in town would hire the “n— commie troublemaker.” By now the family included two school-age daughters. A move to Mexico offered Daniel the opportunity to practice the profession he’d been trained for and their daughters a chance to grow up free of racial prejudice.

But the move put new stressors on the couple’s relationship. Daniel, who taught English at a prestigious boys’ school, was soon saying he felt “as Mexican as chili verde.” Anna, a reserved, blond woman, felt at odds with the effusive culture whose language she never fully mastered. Daniel resented her not being outgoing; she resented his making little effort to help her adjust.

While personal in nature, Daniel’s and Anna’s story is also cultural. It speaks to the discriminatory attitudes resulting from the Ku Klux Klan’s influence during the 1920s and of McCarthyism in the 1950s. It is not the happily-ever-after story I anticipated, but an honest portrayal of the love and hurt any two people, not just a biracial couple, can encounter in an intimate relationship.

Learn more about the struggles Daniel and Anna faced as a biracial couple in Before It Was Legal: a black-white marriage (1945-1987), available wherever books are sold.

* Daniel died five months after the interview; Anna is also deceased.

Before Rosa Parks: Laura Fisher’s 1927 Fight Against “Jim Crowism”

Greyhound Bus, 1929, courtesy of the Indiana Historical Society, W.H. Bass Photo Company Collection.

On November 19, 1927 Laura Fisher boarded a Greyhound Bus at a station in Richmond, Indiana. The African American passenger, destined for her hometown of Cincinnati, Ohio, felt ill and took a seat at the front of the bus where it was warmest. This infuriated the Cincinnati bus driver Glen Branoski, described in the newspapers as “of foreign descent,” who demanded Fisher sit in the back of the bus in the section he had designated as “negro.” After refusing to move, Branoski ejected Fisher from the bus. According to a November 29, 1927 article in the Richmond Item, Fisher re-entered the bus, which prompted Branoski to call police headquarters. The Richmond Palladium [originally the Palladium and Sun-Telegram] noted that he demanded that the police remove her, citing that “Jim Crow rule” was “provided by the [bus] company.” Even though Greyhound was headquartered in Duluth, Minnesota, the growing interstate bus line needed to be mindful of the regional laws regarding segregation.

Jim Crow laws “came to mean any state law passed in the South that established different rules for blacks and whites. Jim Crow laws were based on the theory of white supremacy and were a reaction to [Civil War] Reconstruction.” Historian Richard B. Pierce noted that Indiana “did not have as complete a system of Jim Crow” as southern states, although it “did have its own unique brand of discrimination.” In Fisher’s case, the police station cited that “state laws did not legalize such discrimination and the police department had no authority to help” Branoski enforce the bus line policy.

Palladium and Sun-Telegram (Richmond), November 21, 1927, 1, accessed Newspapers.com.

The Richmond Item reported that following this refusal, Branoski ejected Fisher a second time “with such violence that she was painfully injured” and then he tore up her ticket. The paper noted, “A considerable crowd collected and trouble threatened for a time, Mrs. Fisher becoming almost hysterical from fright.” Had police officers not arrived in a timely manner, the newspaper predicted, there would likely have been a riot. This unlawful attempt to enforce of Jim Crow segregation led to Branoski’s arrest the day following the incident. An Item article reported that on November 21 he plead “not guilty” to assault and battery and was released on bond, ordered to report to city court the following Monday for trial.

“Local Conditions,” Indianapolis Recorder, September 18, 1926, accessed Hoosier State Chronicles.

Several local newspapers noted that this “Jim Crow” trial was the first racial discrimination case Richmond had encountered in many years. However, Fisher’s experience typified increasing segregation in Indiana during the mid and late 1920s. According to Emma Lou Thornbrough’s Indiana Blacks in the Twentieth Century, in 1927 a wave of racial discrimination led to the authorization or opening of segregated Indiana schools, including Indianapolis’s Crispus Attucks High School, Gary’s Roosevelt School, and Evansville’s Lincoln School. Each of these were barred from membership in the Indiana High School Athletic Association, on the grounds that the schools were not “publicly open to all” (the rule also barred parochial schools from IHSAA membership by the same rationale).  The rule was in effect until 1942, and prohibited all-black squads from competing against white teams.

Segregation also extended to recreation, housing, and medical care. According to historian James Madison, nearly every facet of Hoosier life in the post-WWI era was segregated or exclusionary, including “theaters, public parks, cemeteries, restaurants, hotels, beaches, swimming pools, orphans’ homes, hospitals, newspaper society columns, the state militia . . .” A March 15, 1927 article in the Huntington Herald demonstrates the attitudes of those Hoosiers calling for segregation, alleging “the average negro, given an inch will take a mile” and therefore “it is the negro’s mode of living that has resulted in the passage of all Jim Crow laws.”

Accessed via Hoosier State Chronicles.

However, Madison noted that “Indiana blacks did not accept discrimination and segregation without protest,” evinced by Laura Fisher’s case. On November 28, Branoski reported for trial at the city court, where he gave no testimony and plead guilty to assault and battery (Richmond Palladium). He was fined $50, plus costs, and 20 days in county jail. The bus company, which fired Branoski but paid his fines, settled out of court with Fisher and paid her $500 to sign a “release from a damage action which had been threatened.” According to the November 29 Richmond Item article, Fisher took Branoski to court with the purpose of obtaining racial justice, rather than financial settlement. One of her lawyers stated that:

‘Negro residents of the community were not asking for the imposition of any severe penalty upon Branoski, merely a vindication of equal rights of Negro passengers with white passengers on public transportation conveyances. He several times asked Branoski’s jail sentence be reduced to 10 days.’

Greyhound Bus Station in Indianapolis, 1943, courtesy of loc.gov, accessed iupui.edu, Indiana Farm Security Photographs.

In announcing the verdict, Richmond police judge Fred Pickett stated that “The Indiana law on racial discrimination is clear. It does not tolerate discrimination” (Palladium, November 29). He added “Ignoring the fact that one of the principals in this case is a white man and the other a negro woman it must be viewed solely as an aggravated, unprovoked attack by a strong man upon a woman who was both weak and ill. She was both injured and humiliated.” Judge Pickett made his opinion clear, stating “I want it to be a matter of public record that this court regards an attack made by a man upon a woman a serious offense not to be lightly condoned.”

The Richmond Item, November 29, 1927, 1, accessed Newspapers.com.

Although his statements seem to emphasize injustice based on gender, rather than race, the Freeport Journal-Standard of Illinois noted “that Indiana does not recognize a ‘Jim Crow’ rule was emphasized by police judge, Fred Pickett.”

Muncie Evening Press, December 9, 1927, accessed Newspapers.com.

While research efforts to locate articles about the fates of Fisher or Branoski following the trial were unfruitful, the case was referenced in a similar bus incident occurring on November 23, just four days after Fisher’s ordeal. According to a December 17, 1927 article in the Indianapolis Recorder, prominent African American business woman Helen M. Dorsey filed suit against the Blue Goose Bus Line when a driver refused to let her board the bus. Unable to make it to a conference in Kentucky on time, she “arrived too late to take care of the matters.” She therefor sought $500 in damages, the amount offered to “a passenger, Mrs. Laura Fisher, at Richmond, Ind. a few weeks ago.” These 1927 cases highlighted Indiana’s increasing segregation and the daily battles African Americans waged-and sometimes won-to obtain equal privileges.

Check back February 16 to learn about Indianapolis Public Schools, residential segregation, and forced busing in the 1970s.