Dillinger, Denial, and Devotion: The Trials of Lena and Gilbert Pierpont

Harry Pierpont, courtesy of Geocities, and Lena Pierpont, courtesy of Find-A-Grave.

“Harry is a fine boy, he never told me a lie in his life,” Lena Pierpont proclaimed about her son, “Handsome Harry” Pierpont, who was considered the brains of the John Dillinger gang.[1] Like many families, the Pierponts rallied around their son in times of trouble. The extent to which they defended Harry demonstrated both the depths of parental love and the pitfalls of willful ignorance. Harry’s troubles centered on the frenzied period between September 1933 and July 1934, when the Dillinger gang became America’s most wanted criminals for a crime spree that impacted Indiana communities big and small.

While Dillinger became the FBI’s very first “Public Enemy Number 1,”[2] 32-year-old Harry Pierpont was often credited with being the architect of the Dillinger gang’s crimes, and the mentor who helped make Dillinger a skilled criminal.[3]  Born in Muncie in 1902, Pierpont had amassed a lengthy criminal history long before meeting up with Dillinger. Pierpont was linked to a series of 1920s bank and store robberies across the state, including in Greencastle, Marion, Lebanon, Noblesville, Upland, New Harmony, and Kokomo, prior to landing in the Indiana State Prison at Michigan City – where he befriended and mentored Dillinger.

Pierpont’s criminal sophistication, however, had not spared him from arrest. By July 1934, he was arrested and awaited execution in Ohio for the murder of Lima County Sheriff Jesse Sarber. The sheriff had been killed in October 1933 as gangsters broke Dillinger out of the county jail. Pierpont’s mother, Lena, and father, J. Gilbert, instinctively believed in their son’s innocence and grew resentful over the “persecution” they said they endured from authorities after they had relocated from Ohio to Goshen, Indiana in April 1934. Pierpont’s beleaguered parents had come to the Hoosier city to try and “make an honest living in a respectable business.”[4]

By mid-July, with Dillinger still at large (although only days away from being slain by federal officers in Chicago), the Pierponts were under constant surveillance in an all-out effort to locate Dillinger. They had rented a “barbeque and beer parlor” on what was then called State Road 2 (now U.S. 33 West). Known as the “Cozy Corner Lunch” spot, the roadhouse was a half mile northwest of the famous A.E. Kunderd gladiola farm just outside the Goshen city limits.[5] Conducting what she called her first “free will interview” given to a journalist, Lena told the The Goshen News Times & Democrat, “I am going to try and open this place and run a legitimate business as soon as these men stop trailing us. Mr. Pierpont (her husband) is ill and unable to work, so all we want is to earn an honest living.”[6]

The Goshen News Times & Democrat reported that the Pierponts had rented the barbeque stand on an one-year lease offered by a couple identified as Mr. and Mrs. Rodney Hill. Although summer was nearly half over, the Pierponts had not opened for the year because a requisite beer license was still pending. The Pierponts believed this was held up by local officials facing pressure from federal authorities. Lena bitterly explained that the couple had sold all of their farm goods in Ohio in order to open the Goshen business.

“We should not be persecuted,” Lena explained. “We’re simply unfortunate. The government should call off its detectives and allow us to live as other good American citizens.” She pointed at a car parked about a quarter mile away and said, “See that car down the road? They’re always watching us.” She alleged that “Every minute for 24 hours a day we’re shadowed. They think we know (John) Dillinger and that he may come here. We don’t know him and we don’t want to.”[7] She insisted that her son was hiding in the attic of her home on the night the Ohio sheriff was killed, and while he was a fugitive escapee from the Indiana State Prison at the time, he was no murderer.[8]

Lena suggested that if she and Gilbert did know Dillinger maybe “we could get a deposition from him to the effect that our son, Harry, did not kill Sheriff Jess Sarber at Lima, Ohio.” Harry had assured her that Dillinger would clear him of the murder “and name the real slayer,” thus saving her son from the electric chair in Ohio.[9] The Indianapolis Times reported in September, Lena successfully arranged to meet with him in Chicago. According to her account, when asked who freed him from the Lima jail, Dillinger said “‘I’ll tell you who turned me out. Homer Van Meter is the man who fired the shot that killed Sarber and Tommy Carroll and George McGinnis are the men who were in the Lima jail and turned me out.'”[10]

Members of the Dillinger outlaw gang, Russel Clark, Charles Makley, Harry Pierpont, John Dillinger, Ann Martin and Mary Kinder, are arraigned in Tucson, Arizona on January 25, 1934, courtesy of the Associated Press.

Although used to letting his wife serve as family spokesperson, Gilbert Pierpont told an enterprising reporter from The Goshen News-Times & Democrat, “Harry (Pierpont) will not die for the murder of Sheriff Sarber. We are looking for a reversal of the Lima verdict by the Ohio Supreme Court. If not, the case will go to the United States Supreme Court.”[11] Harry’s angry and reportedly ill father said he didn’t like talking to reporters “because of so many false statements they have made about my son.” Contrasting her ailing husband, Lena “was jovial during the interview” and “jokingly remarked that the press would have it all wrong” when writing about her son.[12]

State and federal law enforcement officials were quick to impeach the Pierponts. Captain Matt Leach, who headed the effort of the Indiana State Police to bring the marauding gang to justice, actually identified Pierpont as “the brains” of the Dillinger gang. It was Pierpont, Leach said, who came up with the idea of springing Dillinger from the county jail in Lima by posing as Indiana police officers. When Sheriff Sarber demanded to see their credentials, Pierpont reportedly said, “Here’s our credentials,” and fired multiple shots into the lawman, killing him instantly.[13]

It was a short-lived, but “productive” period of freedom for thirty-one-year-old Dillinger after being sprung from the Lima jail. During this stint, he led his gang in a bold April 12, 1934 raid on the Warsaw Police Department, where they seized a cache of guns. The gang also conducted a deadly robbery of the Merchants National Bank in downtown South Bend on June 30, killing a police officer and injuring four others in a brazen sidewalk shootout. Federal agents put a stop to the spree when they gunned down Dillinger on the streets of Chicago on July 22, just nine months after the Pierpont-led escape from the Ohio jail.

The Akron Beacon Journal, March 8, 1934, 1, accessed Newspapers.com.

While Dillinger met his “death sentence” on a Chicago street, Pierpont remained on Ohio’s death row for the murder of Sheriff Sarber. Lena said she and her husband would continue to make the journey of more than 200 miles from Goshen, Indiana to Columbus, Ohio, “every weekend” to see their son. “We will continue to do this as long as we have any money,” she said.[14] Lena also declared she would continue to challenge state and federal authorities for their alleged harassment of her family. She had reportedly talked to an Elkhart attorney about bringing suit against state and federal authorities.

“We are unfortunate that our son is in prison under sentence of death,” Lena said, adding “No other members of our family have a criminal record. We should not be persecuted. They tell us that these men, who are constantly nearby in parked automobiles ready to follow us at any time we may leave, are federal government men.”[15] Lena’s claim that her son Harry was the only member of her family who had run afoul of the law was not accurate. The Pierponts’ younger son, Fred, 27, and Lena herself, were both arrested and held on illegal possession of weapons charges and vagrancy in Terre Haute in December 1933. A car driven by Lena on the day she was arrested contained almost $500 in cash and a sawed-off shotgun.

To publicize her claims of harassment, a day after granting an exclusive interview to The Goshen News Times & Democrat (picked up by the Associated Press and reported by newspapers across the nation), Lena marched into the Elkhart County Courthouse at Goshen, demanding that she be granted her long-delayed beer license and that an “order of restraint” be placed against detectives following them.[16] Despite his family’s attempts to win over “the court of public opinion,” as summer gave way to fall in 1934, Harry’s appeals to the Ohio Supreme Court were coming to no end other than delaying his execution. Surprisingly, in late September, Pierpont and fellow Dillinger gang member, Charles Makley, staged a spectacular, yet unsuccessful escape attempt from the Ohio Penitentiary. Fashioning realistic-looking handguns made of soap (and blackened with shoe polish), Pierpont and Makley were immediately “outgunned” by prison guards, who killed Makley and critically wounded Pierpont in a shootout.[17]

By October, Pierpont could no longer escape his fate. As one reporter noted, Pierpont “whose trigger finger started the John Dillinger gang on its short but violent career of crime that blighted everything it touched, must die in the electric chair at the Ohio Penitentiary.” Prison officials reported “the doomed man has reconciled himself to death and embraced his former faith, the Roman Catholic religion.”[18]

Sullen and weakened by the gunshot wounds sustained during his failed prison escape, Pierpont strongly contrasted with “the braggart who once boasted he would kill every cop on sight.” Now, jailers said, Pierpont wished out loud that he too had been fatally wounded in the prison shootout.[19] “Pierpont’s mother, Lena, by this time living near Goshen, Indiana, and his sweetheart, Mrs. Mary Kinder, an Indianapolis gang ‘moll,’ are remaining true to the fallen gangster to the last,” one newspaper account told. Kinder, whom reporters were quick to point out was previously married, “even went to Columbus recently[,] determined to marry Harry in prison before he dies.”[20]

South Bend Tribune, October 19, 1934, 1, accessed Newspapers.com.

On October 17, 1934, the “fair-haired brains of the dissolved Dillinger mob” was executed. The Associated Press noted, “Quietly, unaided and with the ghost of a smile on his lips, the 32-year-old killer sat down to death in the gaunt wooden chair within the high stockade of the prison guarded in unprecedented fashion.”[21] Reporters who witnessed the execution said Pierpont “was not asked for any ‘last word,’ and he volunteered none. He just sat down with a rueful smile, closed his eyes, strained the muscles of his lanky, six-foot-two frame, as the current struck, clenched one fist – and that was all.”[22] A national wire photo showed Kinder comforting Lena and Gilbert at their new home along U.S. 31 in Lakeville in St. Joseph County, where they had moved after their failed attempt to start a roadhouse near Goshen.

A funeral was conducted for Harry inside the Pierponts’ home, led by a priest from the Sacred Heart Catholic Church of Lakeville. The services were held an hour earlier than was announced to keep reporters away. Harry Pierpont had told Ohio prison officials that he desired a “simple, but lavish funeral” and wanted his remains be released to his parents in Indiana.[23] The South Bend Tribune reported, “His casket was adorned only by a small wreath of artificial flowers, and lay grotesquely surrounded by canned goods and automobile accessories in his parent’s home store.”[24] Harry was eventually buried at the Holy Cross and St. Joseph Cemetery in Indianapolis.

Lena Pierpont would appear in the news one more time for her resilience. In the summer of 1937, Lakeville town authorities took court action to rid the village of “a band of roving coppersmiths” who had settled at Lena’s White City Inn. Surely she refused to oust them because she needed the income in the lean Depression years, but perhaps she also related to those on the fringes of society, trying their best to survive.[25]

The Pierponts suffered another tragedy when Harry’s younger brother, Fred, died in March 1940 at the age of 33 from injuries suffered in a car crash near South Bend. Perhaps being forced to hone the art of resilience due to the upheaval wrought by Harry helped them survive this second blow. Lena died in her Lakeville home on October 21, 1958 at the age of 78. Her long-suffering husband Gilbert, died three years later also at Lakeville at the age of 80. They were buried alongside their infamous son in Indianapolis.[26]

Police booth, courtesy of the Goshen Historical Society.

* Interestingly, the Goshen connection to the Dillinger gang, beyond the Pierponts’ battles there, is forever enshrined in the city’s limestone police booth opened in 1939. The impressive octagon structure sits on the corner of the Elkhart County Courthouse square, opposite Goshen’s two largest banks. Complete with bulletproof glass (donated by two of the city’s banks), the booth (partially funded by Works Progress Administration dollars) was never called into duty as Goshen’s banks escaped being robbed.

Sources:

*Primary documents were accessed via Newspapers.com, the Goshen Public Library, and the Goshen Historical Society. 

[1] Associated Press, July 12, 1934.

[2] Andrew E. Stoner “John H. Dillinger, Jr.” in Linda C. Gugin and James E. St. Clair, eds., Indiana’s 200: The People Who Shaped the Hoosier State (Indianapolis: Indiana Historical Society Press, 2015), 96.

[3] Patrick Sauer, “Harry Pierpont: John Dillinger’s Mentor” in Julia Rothman and Matt Lamothe, eds., The Who, the What, the When: Sixty-Five Artists Illustrate the Secret Sidekicks of History, (San Francisco: Chronicle Books, LLC., 2014), 42.

[4] Goshen News Times & Democrat, July 12, 1934.

[5] Goshen News Times & Democrat, July 19, 1934.

[6] Goshen News Times & Democrat, July 12, 1934.

[7] Goshen News-Times & Democrat, July 12, 1934.

[8] United Press, July 13, 1934.

[9] Associated Press, September 23, 1934.

[10] Indianapolis Star, July 13, 1934.

[11] Goshen News-Times & Democrat, July 12, 1934.

[12] Goshen News-Times & Democrat, July 12, 1934.

[13] Paul Simpson, The Mammoth Book of Prison Breaks: True Stories of Incredible Escapes (London Constable & Robinson, LTD., 2013).

[14] Goshen News-Times & Democrat, July 12, 1934.

[15] Associated Press, December 14, 1933.; Goshen News-Times & Democrat, July 12, 1934.

[16] Ibid.

[17] Associated Press, September 22, 1934.

[18] Massillon (Ohio) Evening Independent, October 4, 1934.

[19] Massillon (Ohio) Evening Independent, October 4, 1934.

[20] Massillon (Ohio) Evening Independent, October 4, 1934.

[21] Associated Press, October 17, 1934.

[22] Ibid.

[23] Indianapolis Star, October 19, 1934.

[24] South Bend Tribune, October 18, 1934.

[25] United Press, June 8, 1937.

[26] Muncie Evening Press, October 22, 1958.; Muncie Star-Press, October 4, 1961.; Associated Press, March 6, 1940.

The Bee Line and Midwest Railroads reset their goals – to St. Louis: Gateway to the West!

See Part II to learn about the Bee Line’s financing dilemma – the loss of control to the Cleveland Clique and Wall Street.

Advertisement, California, Gold Rush, circa 1850
Advertisement for ships to California during the Gold Rush, circa 1850.

Gold! In January 1848 gold was discovered at Sutter’s Mill in California. The Gold Rush had begun. And with it, the nation turned its gaze to the West.

image of John Brough
John Brough, courtesy of the Ohio History Connection.

The Bee Line and other Midwest railroads would also reset their goals – to reach Chicago or St. Louis: Gateway to the West. And for John Brough, president of the Madison and Indianapolis Railroad [M&I], the prospects were particularly tantalizing. While he had already begun to implement a strategy to extend the M&I’s control to the potentially lucrative Indianapolis and Bellefontiane Railroad [I&B] building toward the Ohio state line, the thought of constructing and controlling a line to St. Louis was pure gold.

Midwest Railroads Map, circa 1860, showing the Madison and Indianapolis [M&I], Terre Haute and Richmond [TH&R], and component roads of the Bee Line: Cleveland, Columbus and Cincinnati [CC&C]; Bellefontaine and Indiana [B&I]; Indianapolis and Bellefontaine
Midwest Railroads Map, circa 1860, showing the Madison and Indianapolis [M&I], Terre Haute and Richmond [TH&R], and component roads of the Bee Line: Cleveland, Columbus and Cincinnati [CC&C]; Bellefontaine and Indiana [B&I]; Indianapolis and Bellefontaine [I&B], courtesy of Erin Greb Cartography.
A Cleveland Clique of connected businessmen, politicians and railroad investors had already struck gold of their own. The opening of the Midwest’s first regional railroad in 1851 between Cleveland and Columbus – the Cleveland, Columbus and Cincinnati Railroad [CC&C] – had proved to be successful beyond their most optimistic expectations. They began to consider expanding their reach, not by building, but by buying or controlling the purse strings of other roads headed west . . . to Cincinnati, Indianapolis . . . and St. Louis.

image of Chauncey Rose
Chauncey Rose, courtesy of the Indiana Historical Society.

John Brough’s strategic and financial needs were more immediate, as the M&I’s business calculus began to wane. One of Brough’s peers on the Indianapolis Union Station’s Indianapolis Union Railway board, Chauncey Rose of Terre Haute, had already assembled a circle of businessmen from Indiana’s largest town west of Indianapolis. In 1847, along with Rose’s New York-based financier brother John, they had gathered the funds necessary to construct the first leg west from Indianapolis toward St. Louis: the Terre Haute and Richmond Rail Road [TH&R]. It would be renamed the Terre Haute and Indianapolis Railroad [TH&I] by 1865, to more accurately reflect its final route.

Importantly, the Rose brothers also insured the Terre Haute circle would retain substantial financial control in spite of tapping into the newly available public markets of Wall Street. They would control their own financial destiny, unlike nearly all other Midwest railroads, until well into the 1870s. On February 14, 1852 the first train completed the entire seventy-three mile trip to Indianapolis. The line proved to be the juggernaut for rail travel to St. Louis and the West via Indianapolis.

Railroads west from Indiana, including the Terre Haute and Richmond [TH&R], Ohio and Mississippi [O&M], Mississippi and Atlantic [M&A], and St. Louis, Alton and Terre Haute [StLA&TH]
Railroads west from Indiana, including the Terre Haute and Richmond [TH&R], Ohio and Mississippi [O&M], Mississippi and Atlantic [M&A], and St. Louis, Alton and Terre Haute [StLA&TH], courtesy of Erin Greb Cartography.
Rose and Brough were running into obstacles, both political and economic, in organizing a rail line spanning the unpopulated expanse of Illinois to St. Louis. While Rose initially focused on indirect connections via Vincennes and the nearly complete Ohio and Mississippi Railroad [O&M] extending across the southern third of Indiana and Illinois, Brough had a different plan. He would leverage on an 1846 Illinois charter – then moribund – for a direct route between Terre Haute and St. Louis through the former state capital (1820-1840): Vandalia. In 1850 Brough teamed with Vandalia business and political leaders – as well as James F. D. Lanier’s Wall Street firm of Winslow, Lanier & Co. – to resurrect the charter as the Mississippi and Atlantic Railroad [M&A]. He soon became its president.

James F. D. Lanier, Sketch of the Life, 1877
James F. D. Lanier. Sketch of the Life of J. F. D. Lanier (self published, 1877).

Brough’s venturesome efforts to reach St. Louis did not go unnoticed by the Cleveland Clique. It comported with the Clique’s and Henry B. Payne‘s (then president of the CC&C) vision for reaching and controlling lines to the West. And since Winslow, Lanier & Co. and the Cleveland Clique were already digging their financial talons into the two Bellefontaine lines that would soon carry the publicly-dubbed Bee Line moniker, the collective financial support for Brough’s effort was assured. Along with Brough’s M&I, the component Bee Line roads anted up several hundreds of thousands of dollars in spite of the tenuous financial footing of all except the CC&C – courtesy of the Clique’s urging and Lanier’s financial wizardry or skullduggery.

But Brough was having other problems. As the M&I revenue picture darkened, the I&B’s brightened. Now connected with the Bellefontaine and Indiana [B&I] and CC&C to reach Cleveland, the I&B’s passenger and freight revenue per mile spiked during the first year of through service in 1853. In addition, new traffic carried between Indianapolis and Cincinnati – via a connection at the increasingly critical junction town of Union – translated into booming business along the band of steel known as the I&B.

Oliver H. Smith
Oliver H. Smith, courtesy of the Indiana Historical Society.

Even before the I&B reached Union, however, the M&I was having trouble meeting its obligations under the five year operating contract the two had inked in 1850. The M&I’s inability to supply and maintain a sufficient number of locomotives and cars capable of handling the increasing traffic across the partially completed I&B was obvious. By the summer of 1852, I&B president Oliver H. Smith had initiated a series of discussions with Brough to recast the arrangement. Brough’s stance was adamant, as Smith reported: “They [M&I] claimed by resolve to run the whole Road for the time specified.” But Brough’s ego did not reflect the reality of his situation.

The Bellefontaine and Indiana’s “Sidney” Locomotive, built by Niles & Co., 1853 (rebuilt 1856)
The Bellefontaine and Indiana’s “Sidney” Locomotive, built by Niles & Co., 1853 (rebuilt 1856), courtesy of New York Central System Historical Society.

At the same time, Smith approached the I&B board with specific proposals to purchase additional rolling stock and motive power equipment. He also proposed building machine shops, an engine house and depot buildings. Smith mapped out a game plan to finance the expansion. It would require selling stock and/or floating $150,000 of bonds on Wall Street. Board member Calvin Fletcher reflected the Hoosier Partisans’ growing concern about Smith: “It was doubted by myself & others whether the Embassader [sic] intended had the qualifications to act in the matter.” Newly dominant shareholders Daniel Yandes and Alfred Harrison would handle the funding question.

image of Calvin Fletcher
Calvin Fletcher, courtesy of the Indiana Historical Society.

Things were coming to a head on many fronts. At the I&B board meeting in February 1853 a resolution was passed to terminate the M&I operating agreement effective May 1st, more than two years earlier than anticipated. The M&I and Brough were becoming an afterthought.

Then, in March, Oliver Smith challenged the I&B board to endorse his continued presidency. Given his intransigence on moving the Indianapolis depot closer to the new Union Station – for personal business reasons – Smith’s demand fell on deaf ears. Waxing eloquent, Calvin Fletcher penned a response on behalf of the Hoosier Partisans: “We have no doubt, from your standing in this country . . . that you can do for yourself and the country much better than to remain the President of the said Road.” Smith would resign the presidency on April 6th.

On hearing of the I&B’s bold move to terminate its operating contract with the M&I, Brough was beside himself. As May 1st arrived, Fletcher was concerned, noting “Did not sleep very well having been notified that the M&I would not permit the I&B to have possession & that they would defend with force & arms.” Fortunately, cooler heads prevailed during daylong meetings between Brough, Yandes, Harrison and Fletcher. The next day the operating contract was dissolved.

image of The Madison and Indianapolis Railroad [M&I] and involved roads: the Peru and Indianapolis Railroad [P&I], extending north from Indianapolis, and the Mississippi and Atlantic Railroad [M&A], extending west to St. Louis. Terre Haute and Richmond [TH&R]
The Madison and Indianapolis Railroad [M&I] and involved roads: the Peru and Indianapolis Railroad [P&I], extending north from Indianapolis, and the Mississippi and Atlantic Railroad [M&A], extending west to St. Louis. Terre Haute and Richmond [TH&R] also shown, courtesy of Erin Greb Cartography.
Adding insult to injury, Brough’s strategy to tighten the M&I’s grip on a second railroad heading north from Indianapolis – the Peru and Indianapolis [P&I] – was also in peril. While a combination with the M&I would be effected in 1853 as the Madison, Indianapolis and Peru Railroad, it unwound the next year. E. W. H. Ellis, president of the Peru and Indianapolis Railroad, lamented upon the dissolution of the combination: “It is to be regretted that, in the days of its [M&I’s] prosperity, the road, its rolling stock and machinery, were permitted to run down and that these heavy burdens are thrown upon the company.” The I&B was already wise to the M&I’s deficiencies.

Still, the prospect of Brough’s push to St. Louis seemed all but certain. Winslow, Lanier & Co. had successfully attracted adequate funds to begin letting construction contracts. The Mississippi and Atlantic Railroad [M&A] had overcome political obstacles thrown in its path by an alliance of Chicago and Mississippi River town interests. They much preferred a route to a smaller river town, on Illinois turf, just north of St. Louis. Much like Indiana’s push to establish Madison as its improbable center of commerce on the Ohio River, against all odds Illinois opted to create Alton as its alternative to St. Louis along the Mississippi River.

Henry B. Payne, courtesy of the Library of Congress.

To the Cleveland Clique and CC&C president Henry B. Payne, Brough’s progress in establishing and constructing a direct line to St. Louis, in the form of the M&A, was a dream come true. Controlling this line as well as the Bee Line would solidify the Clique’s plan for the West. And, as his tenure at the M&I grew tenuous, Brough would find Payne’s forthcoming offer incredibly attractive.

To the shock of the Hoosier Partisans, Brough was elected president at the I&B’s annual meeting on June 30, 1853. He was now at the head of three roads simultaneously: the M&I, M&A and I&B. Fletcher’s observations on Brough’s election summed up the feelings of the Hoosier Partisans: “In order to carry out the design we had to take Mr. Brough as president who had acted for the Madison RR . . . where interest . . . adverse to the I&B created a hostility to him. But it was obvious that we had to forgo the objection & take him.” It was not an easy pill to swallow for the Hoosier Partisans.

While it may not have been obvious at that point, the Hoosier Partisans’ decision to accept funding from the CC&C and Winslow, Lanier & Co. – let alone seeking counsel from the Cleveland Clique – would be fraught with long-term consequences.

Check back for Part IV to learn more about the fate of the Mississippi and Atlantic Railroad, and the related destiny of John Brough with the Bee Line – under influence of the Cleveland Clique.

Continue reading “The Bee Line and Midwest Railroads reset their goals – to St. Louis: Gateway to the West!”

Roberta West Nicholson: Eviscerator of Gold-Diggers & Champion of Social Reform

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If Roberta West Nicholson has received any recognition at all, it’s been from Men’s Rights Groups, who have praised her revolutionary Anti-Heart Balm Bill. However, the bill, like much of her work, was progressively liberal and centered around equality. As the only woman legislator in 1935-1936, in her work to educate the public about sexual health, efforts against discrimination in Indianapolis, and champion children’s causes, West was a public servant in the purest sense. Despite her tireless work, she struggled to escape the shadow of her father-in-law, famous Hoosier author Meredith Nicholson, and to be associated with social reform rather than her “cuteness.” In an interview with the Indiana State Library (ISL) conducted in the 1970s, she did just that, but unfortunately, it has been largely overlooked.

Even as a young college student, the Cincinnati, Ohio native deviated from the norm. Nicholson attended one semester at the University of Cincinnati, leaving after an exasperating experience with the sorority system, which she found “excessively boring.” Unbending to sorority policies which required dating male pledges and attending numerous parties, it became evident that Nicholson interests were incompatible with those of her sisters. After one of several instances of bullying, she proudly returned the sorority pin, withdrew from the college, and went to finishing school.

Roberta met her husband, Meredith Nicholson Jr., at a summer resort in Northport Point, MI. In 1925, the two were married and she moved to Indiana, where she was “absolutely bowled over by the fact that it was virtually the headquarters of the Ku Klux Klan and their vile machinations.” From a politically conservative family, Mrs. Nicholson soon found that in Indiana “the Republican party, as far as I could ascertain, was almost synonymous with the Ku Klux Klan. Well, how could you be anything but a Democrat, you know? That was to be on the side of angels so to speak.”

klan-in-indiana
Thomas Hart Benton’s “Parks, the Circus, the Klan, the Press,” scene on a mural representing Indiana at the 1933 Chicago World’s Fair, courtesy of Indiana University, accessed Indiana Public Media.

The day of her wedding, Roberta’s father received two letters, “terrible penmanship-pencil on cheap lined paper-warning him to stop the marriage of his daughter to that ‘nigger loving Jew.'”* Her father spent a large amount of money trying to identify the author of the “vitriolic hatred,” an attempt that proved unsuccessful. The couple’s wedded bliss was also impeded by the Great Depression, in which Meredith Jr. lost everything in the stock market and “this beautiful dream world we’d been living in is all of a sudden gone.” Following the bankruptcy of her husband’s company, Roberta took a job at Stewarts book store, supporting the family on $15 a week.

After the adoption of liberal principles, Nicholson engaged in her first real reform work in 1931. Birth control activist Margaret Sanger reportedly solicited Nicholson to help establish Indianapolis’s first Planned Parenthood center. A New York representative visited Nicholson in the city, describing the “very, very disappointing lack of progress they seemed to be making because there was apparently very little known about family planning and very little support in general terms for such a concept.” Nicholson was convinced that this should change and established a chapter in Indianapolis. Thus began Nicholson’s 18 years-long work as a family planning and social hygiene advocate.

sanger
Margaret Sanger, circa 1917, courtesy of the Library of Congress.

Outside of her role in Planned Parenthood, she worked as a public educator, going into cities, sometimes “very poor, miserable ghetto neighborhood[s],” to increase awareness of the “menace of venereal disease.” It became clear to Nicholson that ignorance about sexual health was widespread, including her own lack of knowledge about diseases, which she had referred to syphilis as the “awful awfuls” and gonorrhea the “never nevers.” During these often uncomfortable meetings with the public, Nicholson sought to inspire an open dialogue and a back and forth about taboo subjects. Nicholson also showed reproduction films to middle schoolers a job that provoked titters by students and sometimes outrage on the part of parents.

Her dedication to improve the welfare of children intensified during the Great Depression, when she witnessed impoverished children modeling clothes made by WPA employees. This was an effort to prove to those Indianapolis newspapers highly critical of Roosevelt’s New Deal that social programs were effective. Seeing these children being used to “get some bigoted publisher to change his views on some very necessary emergency measures” made her think of her own children and brought her to tears. In her ISL interview, she stated that “I decided that I was going to spend the rest of my life helping children that were disadvantaged, and I have.”

In 1932, Nicholson founded the Juvenile Court Bi-Partisan Committee, to convince politicians to reform juvenile justice and “keep the court out of politics and to employ qualified persons to handle the children.” These efforts proved successful, when in 1938 Judge Wilfred Bradshaw reformed the court. Nicholson served as a longtime committee member and in 1946, when other members became frustrated with progress and resigned, Nicholson stayed, saying “I feel that because you are going to sometimes lose your point of conviction doesn’t mean you throw the baby out with the bathwater.” Nicholson also worked to improve the lives of Indianapolis children as the president of the Children’s Bureau, an adoption agency and group home, and in her work on the board of Directors of the Child Welfare League.

At the encouragement of her mother-in-law, she worked with the Women’s Organization for National Prohibition Repeal. In her interview with ISL, she explained her motive for joining the effort to repeal the 18th Amendment:

“These women felt very deeply about the fact that prohibition had inaugurated the era of of the gangsters: the illicit traffic in liquor, with no taxes and everything. They were building this empire of crime…And I said, ‘I am interested in it because these are the craziest days.’ Everybody had a bootlegger. I suppose real poor people didn’t but you never went to a party where there weren’t cocktails. I remember feeling very deeply ashamed to think that my children would be growing up with parents who were breaking the law. How was I going to teach them to fly right? I certainly wasn’t up to bucking the trend. So I thought, ‘All right, Ill work on this, that’s fine.’”

In 1933, Governor Paul V. McNutt appointed her to the Liquor Control Advisory Board and she was elected secretary to the state constitutional convention that ratified the 21st Amendment, repealing prohibition.

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Terre Haute Brewing Company, circa 1934, likely celebrating the repeal of prohibition, image courtesy of the Indiana Historical Society.

Her experience and qualifications made her a natural choice for public office. In 1934, she was convinced by the county chairman to run for Legislature during the FDR administration because “the Democrats smelled victory, because of the dramatic actions of the president. They wanted to get some names they thought would be meaningful to the voters so they invited me.” Although Nicholson had studied the issues in depth, it turned out that in order to be elected “all that was expected of one was to step up to the podium and say, ‘I stand four square behind FDR.’ That did it.”

Win she did, becoming the only woman to serve in the 1935-1936 legislature, where she faced sexism. According to the Indianapolis Star, during her time as secretary of the public morals committee, she informed her committeemen, “‘If you think you’re going to stop me from talking just because I’ll be taking minutes, you’re wrong-I’ve got some things to say, and I’m going to say them.'” Nicholson elaborated that many of her colleagues thought:

“Wasn’t it cute of her. She’s got a bill. She’s going to introduce it just like a man. Isn’t that darling?’ I restrained myself, because after all I was in the distinct minority. I could not offend them. So I would just bat my eyelashes and beam at them and act as if I thought it was the way I wanted to be treated. Wasn’t that the only thing to do?”

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Indianapolis Star, January 16, 1935, accessed Newspapers.com.

Not only did she “have” a bill, but her breach of promise bill, dubbed the “Anti-Heart Balm Bill,” made waves in Indiana and across the country. Nicholson’s proposal would outlaw the ability of a woman to sue a man who had promised to marry them, but changed their minds. She felt that deriving monetary gain from emotional pain went against feminist principles and that if a man did the same to a woman he would be absolutely condemned. Nicholson described her reasoning for the bill,  which generally had the support of women across the nation:

“…it just seemed perfectly silly to me, that from time immemorial, a female being engaged to be married could change her mind and say, ‘Sorry Joe, it’s all off.’ But if the man did, and if he had any money, he could be sued. I thought that was absolutely absurd. . . . The thing that was so amazing and truly surprising to me is that it was widely interpreted as giving free reign to predatory males to take advantage of chaste maidens which, of course, was diametrically opposed to what my conception was. I thought-and I still think-that it was an early blow for women’s liberation. I thought it was undignified and disgusting that women sued men for the same changing their mind about getting married.”

Nicholson’s bill passed the House fairly easily, but was held up in the Senate because, in her opinion, “Something new was being tried and several of the senators felt, ‘Why should we be first?” The bill also encountered resistance by lawyers who profited from breach of promise suits. Eventually the bill passed, inspiring similar legislation in other states. The Indianapolis Star credited Nicholson’s bill with bringing the “Spotlight, Pathe News, Time and Look magazines hurrying to Indiana by sponsoring and successfully promoting the famous heart-balm bill which has saved many a wealthy Indianian embarrassment, both social and financial by preventing breach of promise suits.”

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Karl Kae Knecht Cartoon, courtesy of Evansville Vanderburgh Public Library, accessed Indiana Memory.

After passage of the “Gold-Diggers bill,” Nicholson was invited to speak around the country. At an address to the Chicago Association of Commerce and the Alliance of Business and Professional Women, she said “It seemed to me that we should say to these gold diggers and shyster lawyers, as did the Queen in ‘Alice in Wonderland,’ ‘Off with their heads!” She added, “I am not a professional moralist, but I have attempted to set up a deterrent to irregular relations by removing the prospect of pecuniary profit from them.”

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The Post-Democrat (Muncie), March 20, 1936, accessed Ball State University Digital Media Repository.

Nicholson also received criticism during her legislative career for supporting the Social Security Act, for which a special session was called in 1936. The Head of the Indiana Taxpayers Association stopped her near the statehouse and asked if she would be voting for “‘that terrible communist social security.'” When she confirmed she was, Nicholson noted that his face creased with rage and he sped off in his chauffeured car. A state senator shared his conviction, contending that the act’s supporters were “‘Trying to turn this country into a GD Ethiopia!'”

Perhaps the most intense scrutiny Nicholson faced as a lawmaker was in her role as a working mother. The Indianapolis Star noted that nothing made Nicholson madder than “to have interfering friends charge that she is neglecting her family to pursue the career of a budding stateswoman.” The paper relayed Nicholson’s response:

“‘Some of my friends have told me that they think it is ‘perfectly terrible’ of me to get myself elected to the Legislature and spend the greater part of sixty days away from the children. . . . I told them, ‘I don’t spend any more time away from my children than other mothers do who play bridge and go to luncheons all the time.’ I try to be a good mother and so far as my being in the Legislature preventing me from going to parties is concerned, I don’t care much for parties anyway!'”

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Nicholson with her daughter, Indianapolis Star, March 23, 1941, p.55, accessed Newspaper.com.

Despite criticism, Nicholson proved steadfast in her political convictions and was perceived of as a “force” by many observers; the Indianapolis Star proclaimed “Mrs. Nicholson yesterday wore a modish dark red velvet dress and smoked cigarettes frequently during the proceedings, and if any of her fellow legislators didn’t like it, it was just too bad. It was a pleasure to watch her.” When her term ended, the tenacious legislator ran for reelection, but lost because the political climate swung in favor of the Republican Party. However, this was far from the end of her public service.

Check back for Part II to learn about her WPA work alongside Ross Lockridge Sr.; visit with Eleanor Roosevelt; tiresome efforts to find housing for African American soldiers in Indianapolis who had been turned away; and observations about the Red Scare in local politics.

*The Nicholsons were not Jewish. It is likely that the author of the letter used the word “Jew” as a derogatory term for progressives.