The Bribery Trials of Clarence Darrow



"What am I on trial for, gentlemen of the jury? . . . I am not on trial for having sought to bribe a man named Lockwood. . . . I am on trial because I have been a lover of the poor, a friend of the oppressed, because I have stood by labor for all these years, and have brought down on my head the wrath of the criminal interests in this country. Whether guilty or innocent of the crime charged in the indictment, that is the reason I am here, and that is the reason that I have been pursued by as cruel a gang as ever followed a man."

– Clarence Darrow's closing argument in his first bribery trial, August 14, 1912.

"Gentlemen, it is with you—in the hands of these twelve men, strangers—strangers in a strange land; after my long career, after my hard fight, after all the bitterness and hatred of the past, I come to you worn and weary, and tired, and submit my fate, the fate of my family, and the hopes and fears and the prayers of my friends, to you."

– Clarence Darrow's closing argument in his second bribery trial, March 7, 1913.

Trial Documents

Deposition of George Burman Foster (1912).

This deposition was given by George Burman Foster in support of Clarence Darrow's character, and is one of over 50 depositions conducted by Edgar Lee Masters on Darrow's behalf. Foster was a professor of philosophy of religion and a famous theologian at the University of Chicago from 1905 until his death in 1918. Darrow was very good friends with Foster, whom he considered one of the most learned men he had ever met. Darrow gave a eulogy at Foster's funeral.


The People of the State of California, Plaintiff, vs. Clarence Darrow, Defendant. Reporters' Transcript.

Contains 90 volumes covering May 24, 1912 through August 16, 1912 of Clarence Darrow's first bribery trial. Missing p. 7430-7830 containing Darrow's closing address to the jury on August 14 and 15, 1912. Courtesy of the LA Law Library.


Volume 1Volume 2Volume 3Volume 4Volume 5Volume 6Volume 7Volume 8Volume 9Volume 10Volume 11Volume 12Volume 13Volume 14Volume 15
Volume 16Volume 17Volume 18Volume 19Volume 20Volume 21Volume 22Volume 23Volume 24Volume 25Volume 26Volume 27Volume 28Volume 29Volume 30
Volume 31Volume 32Volume 33Volume 34Volume 35Volume 36Volume 37Volume 38Volume 39Volume 40Volume 41Volume 42Volume 43Volume 44Volume 45
Volume 46Volume 47Volume 48Volume 49Volume 50Volume 51Volume 52Volume 53Volume 54Volume 55Volume 56Volume 57Volume 58Volume 59Volume 60
Volume 61Volume 62Volume 63Volume 64Volume 65Volume 66Volume 67Volume 68Volume 69Volume 70Volume 71Volume 72Volume 73Volume 74Volume 75
Volume 76Volume 77Volume 78Volume 79Volume 80Volume 81Volume 82Volume 83Volume 84Volume 85Volume 86Volume 87Volume 88Volume 89Volume 90

Plea of Clarence Darrow in His Own Defense to the Jury that Exonerated Him (1912).

Clarence Darrow's plea to the jury during his first bribery trial published in pamphlet form.


Clarence Darrow's Argument to the Jury (Second Bribery Trial).

Reporter's transcript of Clarence Darrow's argument to the jury on March 5, 1913 during his second bribery trial (The People of the State of California v. Clarence Darrow).


Argument of Judge O.W. Powers (1913).

Closing argument of Orlando Woodworth Powers in defense of Clarence Darrow during his second bribery trial. Powers was formerly a judge in Salt Lake City, Utah but he had just moved to Los Angeles to practice law. Courtesy of the Social Movements Collection, Hamilton Library, University of Hawaii at Manoa Honolulu, Hawaii.

Cases

State v. Bissett, 246 Ill. 516 (1910).

In 1910 a poor woman came to Clarence Darrow and begged him to help her son George Bissett who had been convicted for murder and sentenced to life in prison. At first Darrow told her he could not help, but he eventually took the case for free because they had no money to pay for legal help. Upon examining the trial record, Darrow concluded that Bissett should not have been convicted. Darrow got the conviction reversed by the Supreme Court of Illinois and the case was remanded for a new trial. Darrow defended Bissett in the new trial and he was found not guilty. In 1912 while he was waiting to be indicted for jury bribery based on the grand jury testimony of Bert Franklin, Darrow was informed he had a visitor. It was George Bissett, who had ridden freight-cars all the way from Illinois to Los Angeles because he heard that Darrow was in trouble. Bissett had come to help and explained: "I have been here about a week and have been getting a line on Franklin." When Darrow asked what he had found out about Franklin, Bissett said he "had found where he lived, had watched what time he went away in the mornings, had some dynamite, and was going to kill Franklin the next day when leaving his home." Darrow talked him out of this action.

Statutes

California Penal Code (1909).

Clarence Darrow was charged with jury bribery under this California penal code.

Government Documents

In the Matter of the Appointment of Orlando W. Powers to the Associate Justice of the Territory of Utah, Objections to Confirmation (1885).

Orlando Woodworth "O.W." Powers who had recently moved to Los Angeles from Utah helped defend Clarence Darrow during his second bribery trial. While in Utah, Powers served as the special prosecutor representing the United States during the prosecution of Mormons for polygamy. Powers sent 4,000 Mormons to prison while enforcing the Edmunds-Tucker Act as a prosecutor or during the brief time he served as Associate Justice of the Supreme Court of Utah. He was appointed to the Supreme Court of Utah by President Cleveland in 1885. Powers later became an important defender of Mormons who gave up polygamy and fought to protect them from religious prosecution. He later advocated that those sentenced to prison for polygamy be released and nearly all were released.

Legal Articles

Anecdote about Judge Conley.

Short anecdote about Judge Conley who presided over Clarence Darrow's second bribery trial. Published in the Central Law Journal (1913).


Gerald F. Uelmen, Fighting Fire with Fire: A Reflection on the Ethics of Clarence Darrow, 71 Fordham L. Rev. 1543 (2003).

Law review article that examines the police and prosecutorial misconduct faced by Clarence Darrow during his defense of the McNamara brothers and William Haywood and compares these actions to the accusations of misconduct by Darrow himself.

Pamphlets

Industrial Conspiracies by Clarence Darrow.

Presentation given by Clarence Darrow at the Heilig Theatre, Portland, Oregon on September 10, 1912.

Magazine Articles

Darrow Freed: Jury at Los Angeles Find Attorney Not Guilty.

Account of verdict in Darrow's first bribery trial. Published in The American Employer.


Darrow's Trial (1912).

Criticism of a resolution adopted by the Los Angeles Labor Council protesting against the district attorney prosecuting Clarence Darrow in another bribery trial. From The American Employer.


Darrow Trial Lincoln Steffens Testified He Tried to Save McNamara (1912).

Short description of some events during Clarence Darrow's first bribery trial. Published in The American Employer.


Severe Arraignment of Steffens (1912).

Sharp criticism of Lincoln Steffens' testimony during Clarence Darrow's bribery trial. Also contains a short description of the McNamara Defense Fund. From The American Employer.


Machinists' Monthly Journal: Devoted to the Technical and Economic Education of the Members of the I. A. of M. (1912).

Brief commentary on Clarence Darrow's bribery trial and banquet held in Darrow's honor by labor supporters.


Darrow, The Enigma (1912).

Commentary about Clarence Darrow in the Railway Carmen's Journal.


Commentary in support of Clarence Darrow (1912).

Short commentary on Clarence Darrow and the bribery charges against him. Published in Out West: A Magazine of the Old Pacific and the New, by Archaeological Institute of America Southwest Society, Sequoya League.


Darrow Jury Disagreed (1913).

Brief account that accurately predicts that the prosecution will drop the charges after the second trial ended in a hung jury. Published in The American Employer.


The Defender of the Defenseless.

Support for Clarence Darrow from The Bridgeman's Magazine.


Clarence Darrow To Be Again Tried (1913).

The Boilermakers Journal published this appeal for donations to help Clarence Darrow face a third bribery trial. The prosecution later agreed not to try Darrow.

Newspapers

"Darrow Acquitted, Jury Out Only 37 Minutes."

Headline article about the verdict in Clarence Darrow's first bribery trial in The Daily Capital Journal, August 17, 1912 (Salem, Oregon).


Orlando W. Powers Dead.

Announcement that Orlando Powers died on January 2, 1914. Powers helped to defend Clarence Darrow during his second bribery trial. The news article briefly describes Powers involvement in prosecuting Mormons for polygamy.

Books

The Spirit of Labor by Hutchins Hapgood (1907).

Study of a Chicago labor leader only identified as "Anton." It is common knowledge that the "Anton" is Anton Johannsen who would later play an important role in San Francisco labor and during the McNamara case and Darrow's bribery trials. The prosecution believed Johannsen and Olaf Tveitmoe arranged for the bombing of the Los Angeles Times building. Johannsen was very angry at Darrow for the way he handled the McNamara case but he, Tveitmoe, and some other labor leaders tried to help Darrow during his bribery trials because it would be disastrous for labor if Darrow was convicted. Hapgood was a friend of Clarence Darrow and his book contains several references to Darrow.

Miscellaneous

Henry Gage (1901).

Clarence Darrow hired Henry Gage, a well respected defense attorney and former governor of California, to defend Bert Franklin against bribery charges. Darrow paid the $10,000 retainer out of the McNamara defense fund. Bio is from the History of the Bench and Bar of California.


Judge Orlando Powers.

1902 biography of Judge Orlando Powers when he was a judge in Salt Lake City Utah. In 1913, he helped defend Clarence Darrow in his second bribery trial. From "Portrait, Genealogical and Biographical Record of the State of Utah: Containing Biographies of Many Well Known Citizens of the Past and Present.


Wheaton Gray (1909).

Short bio of Wheaton Gray, appointed as special prosecutor in Clarence Darrow's second bribery trial.


Judge George H. Hutton

Bio of Judge Hutton who presided over Clarence Darrow's first bribery trial in 1912. Published in Out West: a Magazine of the Old Pacific and the New (1909).


Earl Rogers, Esq.: A Noted Criminal Defense Lawyer (1910).

Article about Earl Rogers who lead the initial investigation into the bombing of the Los Angeles Times building. He later defended Clarence Darrow against charges of jury bribery. Coincidently, the article was published on the same day the Los Angeles Times was bombed.


Earl Rogers (1912).

Short bio of Earl Rogers who played a crucial role in the investigation of the Los Angeles Times bombing investigation and later as Clarence Darrow's defense attorney in his bribery trials. Published in the History of the Bench and Bar of California.


Le Compte Davis (1912).

Bio of Le Compte Davis. He was a prominent Los Angeles criminal attorney who worked with Clarence Darrow during the McNamara defense, helped defend Darrow against bribery charges and was a witness during Darrow's bribery trials. Published in the Press Reference Library (1912).


Judge George H. Hutton (1912).

Bio of Judge Hutton who presided over Clarence Darrow''s first bribery trial in 1912. Published in the Press Reference Library: Notables of the Southwest, Being the Portraits and Biographies of Progressive Men of the Southwest, who Have Helped in the Development and History Making of this Wonderful Country, (1912).


Letters Written to Clarence Darrow

Collection of letters written to Clarence Darrow during his bribery trials in 1912 to 1913. Includes letters from Anton Johannsen (San Francisco labor leader), William Marion Reedy (editor and owner of the editor of the St. Louis Mirror), Richard Pettigrew (former Senator for South Dakota), and Jerry Geisler (assistant in Earl Rogers law firm). Clarence Darrow Papers, Manuscript Division, Library of Congress, Washington, D.C.


An Appeal for Aid (1913).

This letter to members of organized labor appeals for financial aid to help Clarence Darrow in a looming third bribery trial. Published in the Railway Carmen journal, this appeal is signed by several labor leaders including Charles H. Moyer, President of the Western Federation of Miners. This same appeal was published in other trade union publications such as The Painter and Decorator, published by the Brotherhood of Painters, Decorators, and Paperhangers of America.


Clarence S. Darrow Defense Fund.

The itemized list of contributions from various union locals and individuals to a defense fund for Clarence Darrow's second bribery trial. The list shows contributions from March to June, 1913. From the Archives of the University of Colorado Boulder Libraries.


John D. Fredericks.

Bio of John D. Fredericks who prosecuted Clarence Darrow in his first bribery trial. Published in the Press Reference Library (1915).


Judge Conley.

Bio of Judge Conley who presided over Clarence Darrow's second bribery trial. Published in the Press Reference Library (1915).


W. Joseph Ford (1929).

Short bio of W. Joseph Ford who was Chief Assistant District Attorney of Los Angeles County. Ford participated in the prosecution of Clarence Darrow in both of his bribery trials. Although this bio does not mention it, Ford became the first Dean of Loyola University Law School in 1920. Biography from The Bench and Bar of Los Angeles County 1928-1929.


George H. Hutton Transcript from the University of Minnesota, College of Law (1894).

Los Angeles Superior Court judge George H. Hutton presided over Clarence Darrow's first bribery trial in 1912. Hutton attended the University of Minnesota, College of Law in 1894-95.

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Photos


William J. Burns.
Detective William J. Burns was the lead investigator into the Los Angeles Times bombing and he was a star witness during Darrow's bribery trials. Rogers and Darrow argued frequently about the strategy to use against Burns. Darrow insisted on cross-examining Burns himself but he soon had to turn it over to Rogers. Rogers went after Burns with such vehemence that they nearly got into a fight on several occasions. Rogers goaded Burns by implying the private detective profession was the lowest form of employment. At one point, Rogers, still in his seat and keeping his back to the judge, quietly remarked (although loudly enough for the jury to hear) that Burns was known to carry a sword cane and that Burns was a "suborner of perjury." Burns informed the judge what Rogers had said about the sword cane, which Rogers denied. Burns then told the judge about the perjury remark. At this point, Rogers leapt up and walked towards Burns and said, "I make it again, sir; and do not take it back." Both men were enraged at this point and the judge called for order and fined each twenty-five dollars. This would equal over $500 in 2009. The cross-examination of Burns went on for days with numerous heated moments. At one point, Rogers had so infuriated Burns that the detective was "purple-faced" with rage and looked ready to attack Rogers, whereupon Rogers calmly asked the judge for protection from the witness who he had heard carried a gun in addition to a sword.

George Burman Foster.
A very good friend of Clarence Darrow, Foster provided an affidavit in support of Darrow's character during his bribery trials. Foster was a professor of philosophy of religion at the University of Chicago and a famous theologian during his time. Foster had two classic public debates with Darrow in 1917 and 1918 during which Foster argued the positive side of "Is Life Worth Living?" and "Resolved: That the Human Will Is Free." Darrow considered Foster one of the most learned men he had ever met. Darrow gave a eulogy at Foster's funeral.

Judge William Conley.
Judge Conley presided over Clarence Darrow's second bribery trial. Courtesy of the Madera County Historical Society & Museum.

Olaf A. Tveitmoe.
Olaf Tveitmoe was a powerful labor leader in San Francisco. The prosecution believed that Tveitmoe was involved in the Los Angeles Times bombing and that he later conspired with Darrow to raise the money for bribing jurors in the McNamara trial. His name is sometimes spelled Tvietmoe.

Earl Rogers.
Earl Rogers was the lead defense attorney in Clarence Darrow's first bribery trial. Rogers participated briefly in Darrow's second bribery trial but had to withdraw because of illness caused by excessive drinking. Photo from Shuck, Oscar, History of the Bench and Bar of California (1901).

Los Angeles, Looking Northwest from Second and Spring Streets.
Library of Congress Prints and Photographs Division, PAN US GEOG - California no. 74 (F size) [P&P].

William Harry Dehm.
W.H. (Harry) Dehm was a lawyer in Earl Rogers' law firm and helped defend Clarence Darrow during his bribery trials. From History of the Bench and Bar of Nevada (1913). Dehm Letter to Darrow

Dictograph used by Burns detectives in securing evidence.
During the preparation for the trial of the McNamara brothers, John Harrington, a detective Darrow had personally brought with him from Chicago, began to assist the prosecution. Darrow later claimed it was because he refused to give Harrington a substantial increase in pay. The prosecution claimed Harrington began to cooperate to avoid being implicated with Darrow in jury bribery. Harrington met with Darrow on four different days for about a total of ten to twelve hours in the Hayward Hotel, the hotel of choice for organized labor in downtown Los Angeles. The prosecution had covertly installed a "dictograph," an early eavesdropping device, in the room where they met. The prosecution also installed a dictograph in the Los Angeles County Jail to listen in on conversations between Ortie McManigal and anyone who visited him. Library of Congress Prints and Photographs Division, LC-DIG-ggbain-07783.

Broadway from the Chamber of Commerce Building, Los Angeles.
LC-USZ62-75150.

Charles Erskine Scott Wood 1852-1944.

Earl Rogers.
Earl Rogers (1869 - 1922) was one of the most famous criminal defense attorneys in the West and even the entire country. He was approaching legendary status in California by 1910 because of his courtroom dramatics and his ability to save criminal defendants from seemingly open and shut prosecution cases. He played a crucial role in the initial investigation of the Los Angeles Times bombing. Rogers was hired by Darrow to defend him in two bribery trials. Rogers was an alcoholic and he became very sick during Darrow's second bribery trial forcing his withdrawal from the case. Darrow conducted most of his own defense during the second trial with some assistance from other attorneys. Rogers and Darrow did not get along well during the trials. Rogers hated Darrow's attempts to justify or explain the Los Angeles Times bombing as a political act by labor fighting against a foe with superior resources. Rogers had been at the scene of the bombing just after it happened and he helped try to save some of the victims. Rogers lost a good friend in the fire caused by the bombing. Another major cause of discontent between Rogers and Darrow was Darrow's reluctance to pay Rogers what Rogers thought he was worth. Courtesy of University of Southern California, on behalf of the USC Special Collections.

Henry Gage.
Clarence Darrow hired Henry Gage to defend Bert Franklin against bribery charges. Gage was a well respected defense attorney and a former governor of California. Darrow paid the $10,000 retainer out of the McNamara defense fund. Library of Congress Prints and Photographs Division LC-DIG-ggbain-07975.

W. Joseph Ford.
Ford participated in the prosecution of Darrow in both bribery trials. In the first trial during the opening for the state, Ford compared Darrow to Francis Bacon, Judas and Benedict Arnold. Ford said "Judas was a brilliant man, a great thinker, yet he was bribed; he sold his lord for 30 pieces of silver." Ford was Chief Assistant District Attorney of Los Angeles County from 1907 to 1914. In 1920, he became the first Dean of Loyola University Law School in Los Angeles. At the time it was called St. Vincent School of Law of Loyola College.

Hutchins Hapgood.
Hutchins Hapgood (1869 - 1944) was an American journalist and radical author born in Chicago. Hapgood was also a biographer of Anton Johannsen who played an important role during the McNamara case and Darrow's bribery trials. Hapgood was a friend of Clarence Darrow but nevertheless believed Darrow was capable of bribing jurors. His books include:
The Spirit of the Ghetto, 1902
Autobiography of a Thief, 1903
Spirit of Labor, 1907
Anarchist Woman, 1909
Types from City Streets, 1910
Enemies, 1916, co-written with his wife
Story of a Lover, 1919
A Victorian in the Modern World, autobiography, 1939.
Library of Congress, Prints & Photographs Division, Carl Van Vechten Collection, LC-USZ62-132955.

Bert Franklin.
Bert Franklin had been hired by Clarence Darrow as the chief investigator for the McNamara brothers' defense. Franklin was arrested for attempting to bribe a prospective juror, George Lockwood. Franklin's testimony before a grand jury implicated Clarence Darrow in the bribery attempts. Franklin testified against Darrow in both bribery trials. During his closing argument to jury in his first bribery trial Darrow lashed out at Franklin denouncing his testimony: "Is it worth anything? Is there a single one of you gentlemen who would condemn your dog upon his word? Is there one of you who would condemn the meanest reptile that crawls upon the word of Franklin as shown by the testimony in this case."

Plea of Clarence Darrow's in His Own Defense.
Cover from pamphlet containing Clarence Darrow's closing argument to the jury in his first bribery trial. A number of Clarence Darrow's closing arguments, including this one, were published and sold in pamphlet form.

Industrial Conspiracies by Clarence S. Darrow, "Noted Lawyer, Philosopher, Author and Humanitarian".
Cover from pamphlet. "Publisher's Note. This address was delivered shortly after Mr. Darrow's triumphant acquittal on a charge growing out of his defense of the McNamaras at Los Angeles, California. The man, the subject and the occasion makes it one of the greatest speeches of our time. It is the hope of the publishers that this message of Mr. Darrow's may reach the millions of men, women and youth of our country, that they may see the labor problem plainer and that they may receive hope and inspiration in their efforts to make a better and juster world."

Judge O.W. Powers.
Orlando Woodworth Powers served on Darrow's defense team during his second bribery trial.

O.W. Powers.
Orlando Woodworth Powers was a former judge who worked on Darrow's defense team during his second bribery trial. Powers gave a lengthy closing argument.

Algernon Charles Swinburne (1837 - 1909.
Swinburne was a Victorian era English poet. Clarence Darrow quoted from Swinburn's poem The Garden of Proserpine during his closing argument in his second bribery trial.

Industrial Conspiracies by Clarence S. Darrow, "Noted Lawyer, Philosopher, Author and Humanitarian".
Cover from pamphlet. "Publisher's Note. This address was delivered shortly after Mr. Darrow's triumphant acquittal on a charge growing out of his defense of the McNamaras at Los Angeles, California. The man, the subject and the occasion makes it one of the greatest speeches of our time. It is the hope of the publishers that this message of Mr. Darrow's may reach the millions of men, women and youth of our country, that they may see the labor problem plainer and that they may receive hope and inspiration in their efforts to make a better and juster world."

Richard F. Pettigrew.
Richard Pettigrew (1848 -- 1926) was a delegate from the Territory of Dakota and later a Senator from South Dakota. After Clarence Darrow was acquitted in his first bribery trial and waiting to see if the prosecution would go forward with the second bribery trial he received a letter from Pettigrew. Pettigrew wrote that he had spoken with the district attorney who said he would get Darrow to confess. Pettigrew believed the prosecution would fail to convict Darrow during a second trial but they were intent on destroying him and wrote to Darrow that "It is clear persecution." Library of Congress Prints and Photographs Division LC-DIG-ggbain-05072.

District Attorney John Fredericks.
John D. Fredericks (1869 - 1945) was the District Attorney of Los Angeles County from 1903-1915. In this position, he prosecuted the McNamara brothers until the defendants offered a plea deal that Fredericks accepted. He prosecuted Clarence Darrow in his first bribery trial but not in the second trial. Some sources state that Fredericks eventually decided not to prosecute Darrow in a third trial if Darrow agreed to leave Los Angeles and never again practice law in California. In 1915 Fredericks was the Republican nominee for governor and ran against the incumbent Hiram Johnson of the Progressive Party. Although a strong candidate, Fredericks lost to Johnson. Fredericks served as president of the Los Angeles Chamber of Commerce in 1922. He was elected to the United States Congress in 1923 and served until 1927 when he returned to Los Angeles to practice law.

Dictograph bugging device.
The prosecution used a dictograph to record conversations between John Harrington, an investigator for the defense team and Clarence Darrow on several occasions when they met in the Hayward Hotel in Los Angeles.

Judge George H. Hutton.
Judge Hutton presided over Clarence Darrow's first bribery trial. Hutton was favorably disposed to Darrow and showed it during the trial. His jury instructions were very pro-defense. Significantly, Judge Hutton instructed the jury that the fact that Darrow was at the scene of the attempted Lockwood bribery was circumstantial evidence, and the jury could only rely on it if it was “absolutely incompatible” with any other “reasonable hypothesis.” One of the first to congratulate Darrow after he was acquitted was Judge Hutton who said, “Hundreds of thousands of hallelujahs will go up from as many throats when they hear this.” Darrow then told the judge he would like to visit him at his home, to which the judge gladly assented.

Judge George H. Hutton.
Judge Hutton presided over Clarence Darrow's first bribery trial. By the time of the trial, Judge Hutton was a noted expert on water law of the Western states. Photo from the Press Reference Library (Southwest Edition) Notables of the Southwest (1912).

Wheaton Gray.
Wheaton Gray was appointed special prosecutor for Clarence Darrow's second bribery trial. Gray vilified Darrow, calling him a "moral idiot" and "the greatest power for evil in the United States today." Gray told the jury "If you want to please dynamiters, murderers and the criminals of the world, acquit this man. But if you want to do your duty to society, then convict him. It should be made impossible for jury bribery to exist in this city, but if Darrow is acquitted, then you can never find a lawyer guilty who passes a bribe by an agent."
Darrow appeared to hate Gray and lashed out at him perhaps as much as he did against anyone he faced in a courtroom. At the very beginning of his closing argument Darrow said:
"I wish the attorneys on the other side to be kind enough to send for Gray. I have got some things to say about him, and I had rather he would be here, if he is not too big a coward. I don't think that Gray is much of a lawyer. I was wondering what he would be good for. If he had lived sixty years ago, I could have found a job that I think he would have been fitted for; but he is a misfit in this age. He would have been all right in the days of slavery for hard and cruel masters to hire to beat negroes. He is built for it, and he has got courage to beat a man when his hands are tied, Gray has. He might want his feet tied too; but he would have courage enough to beat them if they were securely fastened." Photo is from the History of the Bench and Bar of Southern California.

Frank Morrison, Secretary of the American Federation of Labor.
One of the most damaging pieces of evidence against Clarence Darrow was a check for $10,000 upon which was written the names of Darrow, Frank Morrison and Olaf Tveitmoe. Morrison wrote the check to Darrow on August 21st, 1911 and Tveitmoe endorsed and cashed it at a bank in San Francisco on September 2nd. Library of Congress Prints and Photographs Division, LC-DIG-npcc-16047.

Judge William Maxwell Conley.
Judge Conley, a judge of the Superior Court, Madera County, presided over Clarence Darrow's second bribery trial. Judge Conley took much greater control over the proceedings than did Judge Hutton in the first trial. He took an active role in jury selection by limiting repetitive questions and speeding up the process. He was obviously aware of the acrimony that permeated the first trial and warned both sides to control their personal animosity. Photo from the Press Reference Library (Western Edition) Notables of the West (1915).

Frank E. Dominguez.
Dominguez was a law partner of Earl Rogers. One night during Darrow's first bribery trial, Dominguez and Roger's daughter Adela had to go looking for Rogers who was notorious for getting drunk. Photo from the Press Reference Library (Southwest Edition) Notables of the Southwest (1912).

Prosecutor John D. Fredericks.
"Captain" Fredericks prosecuted Clarence Darrow during his first bribery trial. When one of the most important prosecution witnesses refused to look at Darrow or his attorney Earl Rogers, Rogers whispered to Darrow "Make him look you in the eye." Fredericks heard Rogers and startled the courtroom when he said "We maintain that Mr. Darrow is attempting to use hypnotism on this witness." Photo from Greater Los Angeles and Southern California: Portraits and Personal Memoranda by Robert Jones Burdette (1910).

Judge William M. Conley.
Judge Conley presided over Clarence Darrow's second bribery trial in 1913. Courtesy of the Madera County, California GenWeb site hosted by Ken Doig.

Judge George H. Hutton.
Judge Hutton presided over Clarence Darrow's first bribery trial in 1912. He attended Hamline University in St. Paul Minnesota and then attended the University of Minnesota Law School where he took eight courses.

Le Compte Davis.
Le Compte Davis (also spelled LeCompte) was one of Clarence Darrow's co-counsel in the McNamara case. When Darrow was charged with jury bribery, some of the strongest evidence against him was a $10,000 check from the McNamara defense fund that Darrow allegedly gave to San Francisco labor leader Olaf Tveitmoe on September 1, 1911. This was a very unusual transaction because the American Federation of Labor, which was funding the defense, had insisted on strict accounting and all other checks were cashed at Los Angeles banks and put into the defense accounts. LeCompte Davis testified during Darrow's bribery trial that he knew nothing of the $10,000 check, although he knew of all the other checks cashed in the defense accounts. The prosecution alleged that Tveitmoe later gave the cash to Darrow to be used for bribing jurors.
Photo from the Press Reference Library (Southwest Edition) Notables of the Southwest (1912).

After his bribery trials, Darrow gave a copy of his book A Persian Pearl to W. Joseph Ford one of the prosecutors. Darrow signed the book with an inscription that began: "To my friend! Joseph Ford..." From Patrick H. Ford, The Darrow Bribery Trial: With Background Facts of McNamara Case and Including Darrow's Address to the Jury.

Frederick D. Gardner
Frederick Dozier Gardner (1869 - 1933) was born in Kentucky and later became a prominent businessman in St. Louis, Missouri with extensive experience in the coffin and hearse manufacturing business. He served as the Democratic Governor of Missouri from 1917 to 1921. Clarence Darrow wrote in his autobiography that after his second bribery trial ended in a mistrial: "I had no money left, and had already borrowed about twenty thousand dollars from friends in various parts of the country, mainly Chicago. I felt discouraged and disheartened. That night I received a telegram which read as follows: "St. Louis, Missouri. Clarence Darrow, Los Angeles, California: I hear that you have spent most of your life defending men for nothing and that you are now broke and facing another trial. I will let you have all the money you need for the case. Am now sending draft for one thousand dollars. Frederick D. Gardner." The name was utterly unknown to me. This came from a total stranger. My eyes filled with tears. This was twenty years ago, and as I recall this telegram and the signature the tears are in my eyes once more along with the rest of that agonizing past.
In a day or so a letter came containing the cheque for a thousand dollars from my unknown friend, Frederick D. Gardner, of St. Louis, and in the envelope was also a cheque from his wife for two hundred dollars. I used that money, but the case was soon afterward dismissed so that I did not need further help. There is a deep gulf between blank despair and the illusion of hope and comfort and confidence. Though the gulf between them is deep, often there is but a step across. I went home from the disagreement of the jury, sad and discouraged, but when I received the telegram from Mr. Gardner, and the letter, the sun shone bright again and the birds were singing in the trees."

Missouri Governor Gardner Signing Resolution Ratifying the 19th Amendment to U.S. Constitution Granting Universal Franchise to Women in 1919.
Frederick Dozier Gardner (1869 - 1933) was the Democratic Governor of Missouri from 1917 to 1921. After Clarence Darrow's second bribery trial, Gardner and his wife contributed money to Darrow. Caption for photo: Missouri became the 11th state to ratify the "Anthony Amendment." Library of Congress Prints and Photographs Division, LC-USZ62-132969.

Edward L. Doheny and his lawyer Frank J. Hogan.
Edward Laurence Doheny (1856 - 1935) was an Irish American oil tycoon who was born in Wisconsin. In 1892 he and his partner Charles A. Canfield began drilling for oil in southern California and became very wealthy. Doheny was implicated in the Teapot Dome Scandal during the administration of President Warren G. Harding. Specifically Doheny was accused of offering a $100,000 bribe to the Secretary of the Interior Albert Fall to obtain oil drilling rights in central California. Fall was convicted of accepting the bribe but Doheny was twice acquitted of offering the bribe.
Doheny and his wife were noted philanthropists. Among their donations they helped fund the construction of St. Vincent de Paul Church and donated over a million dollars in 1932 to the University of Southern California to build the Edward L. Doheny, Jr., Memorial Library.
Clarence Darrow wrote a letter to his son Paul on June 28, 1924 in which he discussed politics and the scandal:
"That Fall deliberately sold government property for a personal consideration, is not disputed. He received at least $100,000 from Doheny for turning over government property to him while he was Secretary of the Interior. He first got McLean to say that he loaned him the money, which was not true and then sent his son-in-law to Cleveland to try to get some one else to swear to it, who refused, and testified before the committee. He was called as a witness and refused to testify on the ground that it might incriminate him. There can be no kind of doubt about the facts and that it does not arouse the country, shows that the country has lost all sense of decency in regard to its officials."
Library of Congress Prints and Photographs Division, LC-USZ62-51321.

Albert B. Fall.
Albert Bacon Fall (1861 - 1944) served as Secretary of the Interior under President Warren G. Harding and as a United States Senator from New Mexico. In letters to his son Paul Darrow, Clarence Darrow was very critical of Secretary of the Interior Albert Fall who was implicated in the Teapot Dome Scandal during the administration of President Warren G. Harding. Fall was convicted of accepting bribes to obtain oil drilling rights in central California. Library of Congress Prints and Photographs Division, LC-DIG-hec-17141.

Senator Phipps.
Lawrence Cowle Phipps (1862 - 1958) served from 1919 until 1931 as a United States Senator from the Republican Party representing Colorado. Born in Pennsylvania, he worked his way up in the Carnegie Steel Company from clerk to first vice president. He retired in 1901 and moved to Colorado. In a letter dated March 19, 1924 from Clarence Darrow to his son Paul, Darrow gave his views on various politicians including Phipps:
“I did not know about Phipps on the Volsted Act. In fact, I know very little about it. I presume my view of him is largely prejudiced. About all I know of him is that he was a very wealthy Pittsburgh man who had never been known as anything but a business man. He went to Colorado, either for his health or his family's and on account of his money alone, this man who was practically a carpet bagger in Colorado, was elected to the United States Senate. He might be better than I think, but it was a rotten thing for Colorado to do and it shows the effect of money in politics.”
Library of Congress Prints and Photographs Division, LC-DIG-npcc-06535.

Calvin Coolidge and Charles G. Dawes c. 1924.
Calvin Coolidge and Charles G. Dawes were elected President and Vice President respectively in 1924 on the Republican ticket. Coolidge and Dawes fueded during their time in office. Dawes was also a co-recipient of the Nobel Peace Prize for his work on World War I reparations. In a letter to his son Paul in 1924, Clarence Darrow wrote: "As to Dawes, I have always liked him and admire some of his work. I think he did good work during the war, good work in the budget and good work in his report on Germany, but Mr. Dawes is a super-patriot. He organized the minute men for the sole purpose of sustaining property interest. He has always taken that side on every question. The courts have rendered a judgment against him for over one million growing out of the Lorimer bank. In this case, he let the government count a million on Lorimer, giving his unsecured note and it was counted in Dawes bank and immediately after it was counted, he returned the note and kept the money. He knew that Mr. Lorimar did not have the money and that it was his money that was counted to open Lorimar's bank. This has no doubt been done before and some times under excusable circumstances, but it was done in this case to help men open a bank who had not a cent of money in the world and no securities and the result was a very substantial loss to hundreds of thousands of stockholders. I do not think he should have done it." Library of Congress, LC-USZ62-111450.

Carter Glass & William Gibbs McAdoo, Jr. [between 1910 and 1920].
Carter Glass was a newspaper publisher and politician from Lynchburg, Virginia. He served many years in Congress as a Democratic. He played a key role in passing the legislation which created the system of Federal Reserve Banks. President Woodrow Wilson appointed him to Secretary of the Treasury. Clarence Darrow wrote a 1924 letter to his son Paul in which he discussed politics and mentioned "Carter Glass ... is a wonderful legal man, but I know little about his political views." Library of Congress Prints and Photographs Division, LC-DIG-hec-14114.

General Matthew Mark Trumbull.
Matthew Mark Trumbull was born in London in 1826 and immigrated to the United States when he was twenty. In his youth, Trumbull was a "Chartist" or a proponent of "Chartism" which was a political and social reform movement in the United Kingdom between 1838 and 1848. It takes its name from the People's Charter of 1838. When he arrived in America he worked as a laborer and within ten years he became a lawyer in Butler County, Iowa. Later he was elected to the state legislature. He also served as a captain in the Union Army. By the end of the Civil War, he had been promoted to brevet brigadier general. In his later years he was an author and lecturer. He was a friend of Sam Fielden one of the defendants convicted in the aftermath of the Haymarket Riot. Trumbull was also a friend of Henry Demarest Lloyd. Lloyd also became good friends with Clarence Darrow. Darrow knew Trumbull and considered him a friend. When Trumbull died in 1894, Darrow was one of several speakers who gave a eulogy at his service.

Clarence Darrow, Senator Alben Barkley and Dr. Clarence True Wilson; Darrow and Wilson Shaking Hands After a Debate on Prohibition.
Library of Congress Prints and Photographs Division, LC-USZ62-64245.

Representative John Phillip Hill of Maryland ... determined ... to keep the country wet.
Representative Hill was an outspoken critic of prohibition. Library of Congress, LC-USZ62-95476.

South Water Street Produce Market, Chicago c. 1906.
Library of Congress Prints and Photographs Division, LC-USZ62-51772.

Bert Franklin.
Bert Franklin was a former detective for the Los Angeles county sheriff and the United States Marshal. He had approached Darrow for work and Darrow hired him as his chief jury investigator to find out information about potential jurors for the McNamara trial. Franklin was arrested for allegedly bribing a potential juror and a selected juror on behalf of Clarence Darrow. On Tuesday, November 28, 1911, Franklin was arrested at a street corner in downtown Los Angeles while attempting to pay money to a juror. Clarence Darrow had just arrived on the scene moments before the arrest. Franklin cut a deal with the prosecution and in January 1912 he testified before a grand jury and implicated Darrow in the bribery attempts. Franklin testified against Darrow in both of his bribery trials.
During the second bribery trial, Earl Rogers was supposed to cross-examine Franklin but he had to withdraw from the case because he was ill. So Darrow had to cross-examine Franklin. Darrow attacked Franklin but Franklin was defiant; he called Darrow a "briber" and flatly stated that he had bribed the juror at Darrow's direction. When Darrow asked why he had gone to the juror's home, Franklin replied directly, "To bribe Robert F. Bain, at your request." Darrow asserted that he had tried to get Bain stricken from the jury because he believed Bain was biased against labor unions, but that Franklin had kept him on the jury. Franklin denied this assertion.

A Latter-day Saint with His Six Wives c. 1885.
Orlando Woodworth "O.W." Powers, a former judge from Salt Lake City Utah who had recently moved to Los Angeles helped defend Clarence Darrow during his second bribery trial. While in Utah, Powers served as the special prosecutor representing the United States and prosecuted thousands of Mormons for polygamy.
Library of Congress Prints and Photographs Division, LC-USZ62-83877.

Group of Polygamists in the Utah Penitentiary c. 1885.
During his second bribery trial, one of Clarence Darrow's defense lawyers was Orlando Woodworth "O.W." Powers, a former judge from Salt Lake City Utah who had recently moved to Los Angeles. While in Utah, Powers served as the special prosecutor representing the United States during the prosecution of Mormons for polygamy. Powers sent 4,000 Mormons to prison while enforcing the Edmunds-Tucker Act as a prosecutor or during the brief time he served as Associate Justice of the Supreme Court of Utah. He was appointed to the Supreme Court of Utah by President Cleveland in 1885. Powers later became an important defender of Mormons who gave up polygamy and fought to protect them from religious prosecution. He later advocated that those sentenced to prison for polygamy be released and nearly all were released. Library of Congress Prints and Photographs Division, LC-USZ62-80399.

Kenesaw Mountain Landis.
Kenesaw Mountain Landis (1866 - 1944) served as a judge for the U. S. District Court, Northern District of Illinois from 1905 to 1922. Landis was appointed to be the first commissioner of Major League Baseball in 1921 and he served as commissioner until 1944. Landis, among others, refused to give a deposition attesting to Clarence Darrow's good qualities when the Darrow defense was collecting depositions from prominent people in Chicago. Photo from Illustrated World (1922).

Clarence Darrow.
From The Ladies' Garment Worker (1912).

Clarence Darrow Entering Plea of Not Guilty for Jury Bribery.
Clarence Darrow was indicted for jury bribery on January 29, 1912. Photo from volume 45 of The American Review of Reviews (1912).

T. Perceval Gerson.
Dr. T.(Theodore) Perceval Gerson (1872 - 1960) was a prominent doctor who became close friends with Clarence Darrow when Darrow was facing prosecution for jury bribery in Los Angeles. Well known in Los Angeles, he founded the Hollywood Bowl Association. Later he strongly disagreed with Darrow's support for America's entry into World War I.

$3500 that was to be paid to George. N. Lockwood as bribe in case he sat on jury.
Back of photo reads: Show Federal Dist. Atty. Devlin this foto and see if any federal law against using it. It's a peach, hope it goes. It is the $3500 that was to be paid to Geo. N. Lockwood as bribe in case he sat on jury. Money.

$3500 that was to be paid to George. N. Lockwood as bribe in case he sat on jury (verso of photo).

Former Judge O. W. Powers, Clarence Darrow, and Ruby Darrow.
Principals in the Clarence Darrow bribery case, from left to right: former Judge O. W. Powers of Salt Lake, one of defense counsel; Clarence Darrow and Mrs. Darrow. Photo courtesy of The Security Pacific National Bank Collection/Los Angeles Public Library.

Clarence Darrow, Earl Rogers, unknown defense attorney, and Harry Dehme.
Clarence Darrow with part of his defense team.

Jurors in Clarence Darrow's First Bribery Trial, May 18, 1912.

Selecting Jurors for Clarence Darrow's First Bribery Trial.
Bailiff and Deputy in Los Angeles Superior Court Judge Hutton’s chambers drawing names for second venire of talesmen from which to select jurors in Clarence Darrow’s first trial for alleged bribery of jurors in the McNamara case.

Clarence Darrow on the Witness Stand, August 1912.
During Clarence Darrow's first bribery trial.

"Darrow Acquitted, Jury Out Only 37 Minutes."
Headline about verdict in Clarence Darrow's first bribery trial in The Daily Capital Journal, August 17, 1912 (Salem, Oregon).

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