•1925–1929

TO ROGER BALDWIN • CHICAGO • WEDNESDAY 21 JANUARY 1925

DARROW, SISSMAN, HOLLY & CARLIN January 21, 1925.

My Dear Baldwin:—

I know a good deal about Metzen’s case.1 I have been trying to help him. He is rather a hard man to help. He has the faculty of making enemies where he ought to make friends. If you and I had his disposition, we would be hanged long ago without any special cause, but on general principles.

My opinion is that if he really wants to get back, instead of making his grievances public, that he had better confine his attention to his friends here.

You know I am willing to do anything I can for him and have done something for him. By this I do not mean that they should have disbarred him. I do not think they should, but of course you know how pure we have to keep the profession.

I have been disappointed in not seeing you on my visits to New York. I never managed to find you. Anyhow, I will try again some time in March.

Always, | Your friend, | Clarence Darrow

MS: TLc, NjP, ACLU Archives. INSIDE ADDRESS: Mr. Roger N. Baldwin, | 100 Fifth Avenue, | New York City, N.Y.

TO FREMONT OLDER • MIAMI BEACH, FLORIDA • SUNDAY 22 FEBRUARY 1925

Miami Beach—Florida.

My dear Older:

Your letter followed me here where I am loafing and trying to make myself young again (with poor success).

I do not see how I could be of much assistance in the Wolfgang case, though I wish I could.2 It seems to me that it was not a hanging case, and that the Governor should have commuted the sentence, still he didn’t. I am not certain about the right of the U.S. Supreme Ct. to pass on the case, as it seems to have been pretty thoroughly settled in the California court, and the margin of the Federal Court is not great on review. Still there may be something in the points. Spagnoli³ seems to be a good worker and to have raised every point that could be conjured up. I would guess that he would write a good brief. If he cares to send me a copy of his abstract and brief in the U.S. Supreme Ct. I will go over them and see if I can think of anything else. Of course the case is a long way off, and I am reluctant to go into anything now that seems too desperate—although I am always sorry for the poor devil fighting for his life. Doubtless he was not responsible at the time of the shooting and was dazed with what he had gone through, and acted automatically as all of us do most of the time.⁴

You can always remember my age by your own, and the years are beginning to tell on me, both in physical vigor and mental alertness. I know it won’t be long until I will be out of commission entirely, and yet somehow I don’t seem to regret it. Somehow I look forward to it with considerable consolation. I have had a long life of activity, and in the main used it to help others who needed it, not overlooking much that I could get for my own satisfaction on the way, and I think I have had enough. I feel reluctant and rather humorous about anything new, and grow lazier all the time; in fact rather like to vegetate and neither use my body or my mind. I can get up a burst of speed now and then, but don’t like to. I begin feeling that some of the responsibilities I have taken (I don’t know why) must be passed to others. I am hoping to write one more book which will probably be rambling and pointless, but which I wish to do. I look back as old men do, and I can’t see that anything permanent has been accomplished by me or the race, since I was a child, and of course I have no doubt but what it has always been so, and will be until the race is “snuffed out”. More than anything else I would like to see man get some sympathy, kindness and understanding of his fellow man, but I do not see that he is any different or that he can ever be. He is bound by his machine, which acts and reacts according to stimuli, and he is not to be blamed even for his cruelty. I have little desire for immortality, either personal or in the way of remembrance in the future. The logical thing, and to me the inevitable thing, is to be annihilated by the process of decay, and why should I be interested even in the memory of my life remaining. The truth is the whole race has taken itself too seriously and this of course applies to each individual unit, myself included. I do love my friends, and more and more as I grow older I dwell on them. I have the greatest longing to see you again, also Steffens. If you could get away I would go to Europe with you and see him, but I am not so much interested in crowds, in cities, in the ocean or even the mountains which I have loved so passionately all my life. I get some occupation in putting myself under observation and studying the causes that drove me here and there and my reactions to things while I am growing old. I fear that I am fast growing into indifference. The things that interest me and others are really nothing, and the fate of the race and all its units is seldom worth thinking about. I know that my own fate is not worth troubling over to me or any of my friends. Yet I can see myself in spite of all my reason and philosophy struggling up to the last second to keep alive for further perplexity and pain. The will to live is with us to the end. I speak a great deal, but why; only because people ask me and urge. Almost always I get the criticism of newspapers and the crowd for what I say, but I still go on. I can’t help it, but one day soon I can’t do it. I hope sometime we may have one more visit, one more communion—we can’t have many more and perhaps none. Anyhow my gratitude and love to you does not dim.

With best wishes to Mrs. Older and yourself,

Your friend always,

MS: TT, CU-BANC, Hiram W. Johnson Papers. DATE: “[ca. Feb. 22, 1925]” appended. NOTE: “COPY” appended.

TO FREDERICK STARR • MIAMI BEACH, FLORIDA • TUESDAY 24 FEBRUARY 1925

Miami Beech Fla

My Dear Mr Starr

Your letter followed us here where we are taking a rest & dodging Realtors. The climate is warm and sunny and the air balmy. Still it is a Bedlam. Everybody crazy and shouting at the top of their voice “For God sake buy my land.” I marvel at what a dam fool I used to be to think that the world could be changed. I have had a few chances to speak and you know how I like to hear myself talk and how the preachers and other [x] tear me to pieces afterward. I know better but am a congenital dam fool, & shall never recover. I am sorry I did not see more of you when you were in Chicago & that I couldn’t do more for you. The next time you come if I can know ahead I hope I may be able to get up a meeting or two which might bring some real money. We always enjoy your letters and always like to see you.

With best wishes always | Your friend | Clarence Darrow

I appreciate all you say about the Japanese. I have always been for them as well as for the rest. The truth is our selfish Americans are afraid of them. They think & work—we do neither.

D.

MS: ALS, ICU, Starr Papers, Box 1, Folder 1. DATE: month and day appended but this might be the date of receipt or reply by Starr.

TO JOSEPH JASIN • MIAMI BEACH, FLORIDA • FRIDAY 27 FEBRUARY 1925

Miami Beech | Feby 27th

My Dear Mr. Jasin

I have written LaFollette asking him to speak for you. Have also told him that I thought he should be paid as I really do. Senator Lafollette is a poor man, who has made a hard fight all his life & has no means of living except his little salary & speaking. Of course I want you to know that I don’t mean that I wanted to be paid. I was glad to go.5 I am a visitor here & while I am not rich I can live as long as I ought to & I considered it a great pleasure to meet your people & do something for you. I think however you ought to offer to pay Senator Lafollete.

With best remembrances & wishes | Clarence Darrow

I am leaving Saturday.

MS: ALS, OCAJA, Jasin Collection, Folder SC-5682. DATE: month and place from which letter was written and speech by Darrow in Miami.

TO JAMES H. KENNEDY • CHICAGO • SATURDAY 21 MARCH 1925

DARROW, SISSMAN, HOLLY & CARLIN March 21, 1925.

My Dear Mr. Kennedy:—

I was very glad to receive your letter this morning. I have just looked you up in “Who’s Who” and find that you have been in the business of giving others publicity instead of yourself. I think your business is the best. Anyhow, the whole matter is familiar to me.

I was born in Kinsman, Ohio, which is in Trumbull County about twenty miles from Farmington. I did not want to wish my book on my own town, so I chose your town and likewise changed the State. However, it is a Trumbull County story and of course I knew Farmington very well as a boy. I remember the Western Reserve Seminary which was a sort of Mecca to the people in that benighted land. I presume it has served its usefulness and gone its way.

I had an uncle or two who lived in Farmington—not very prominent. They were engaged largely in fiddling and drinking whiskey, which is not a bad way to kill time while we are here. Their name was Darrow. My father who had a different frame of mind and is well described in the book, once lived in Farmington. I also had an Aunt Sally who married a Mr. Oatley, whose first name I have forgotten. He had two sons—William and Edmund and some girls, whose names I have forgotten, being cousins.6

I often used to drive to Farmington and knew a number of people there fairly well. One of them especially, whose name I cannot now just recall, but you will know him. He was quite a prominent man and an active spiritualist, which was in vogue in those days. Washington Hyde⁷ has been a life-long acquaintance of mine. I saw him a year ago when I was back in Warren and like the rest of us, he is growing old, I think some ten years older than I. He and my brother Everett were classmates at Ann Arbor and were lifelong friends afterwards.

Squire Allen was really patterned after John Kinsman⁸ who was one of the patriarchs of our town and who has a wonderful monument, about six feet high, enclosed by an iron fence, in the Kinsman burying ground. I have not seen either him or the monument for about ten years, but I understand he is still there under the monument.

The river and the hills were patterned after Meadville where I once took a college course for nine months at Allegheny and learned to play a pretty good game of baseball and likewise learned to decline “mensa”. This is about all the Latin I remember and I never had a chance to use this until a few days ago, when I was working a cross-word puzzle, so Latin is worth while after all.

I have no doubt I am the one your father spoke about, for I was frequently in Farmington. I also had some doubt as to whether I ought to have named my book after your town, but you are the first man from Farmington who has called my attention to it and you do not seem to object, so we will have to let it go at that.

I presume you come this way occasionally and if you ever come again, I shall be glad to see you. Once in a while I go back to Trumbull County, but most all the names I used to know are chiseled on gravestones, so I do not get much kick out of it. The last time I was there, I intended to spend a week. I got into Kinsman on a morning train and in an hour or two, thought I would want to spend two or three days. Along toward noon, I found there was an afternoon train out so I went away the same day. I was back there about two months ago for an evening when the people got together and gave me a dinner, which they would not have done if I had stayed. There were a few ghosts present whose names I remembered, but could not figure any likeness. I probably looked the same to them, but somehow I have a feeling for the old place and may possibly go back again this summer.

Warren, you know, has grown to be quite a City, with its modern improvements, such as steel mills. I have not heard that Farmington has stirred any. Could not even find the old corner where I used to turn down the road to Farmington. I did not go over to Mecca. I did not even hear of it.

Anyhow, I am very much obliged for your letter and recognition and for the kind things you have said about the book. I thought it was pretty good when I wrote it, but not many people found it out. It seems to have been printed for private circulation. Perhaps after I am dead and they are well rid of me, some of them will look it up and read it.

With kind regards, I am,

Very truly yours, | Clarence Darrow

MS: TLS, OHi, VFM 2021, Clarence Darrow Papers. INSIDE ADDRESS: Mr. James H. Kennedy, | 1841 Otley Street, | South Pasadena, Calif.

TO H.L. MENCKEN • CHICAGO • SUNDAY 22 MARCH 1925

DARROW, SISSMAN, HOLLY & CARLIN March 22d

My Dear Menken

I am afraid you will begin to think I am a liar. I have not written the two contributions, “The Edwards & Jukes families” and “Eugenics.” I have been so tied up that I couldn’t get to it. I have however accumulated the material & fairly well digested it and on my return from the east shall write them. Will have one or both ready to send you in April. I think I shall prove, (to my own satisfaction at least & I hope yours) that the Jukes family was the better family and that the Eugenicists are half baked dreamers.

With all good wishes, | Clarence Darrow.

MS: ALS, NN, Mencken Papers. DATE: “1925” appended.

TO VIVIAN PIERCE • NEW YORK CITY • THURSDAY 11 JUNE 1925

HOTEL BELMONT June 11

Dear Vivian

The enclosed will seem small & it is but I feel I should not do more now. I have so many calls & so little income. Mr. Hearst is very strongly against capital punishment & if you could get his attention the right way I feel sure you could get a good deal of aid from him, in various ways. I am awfully glad you are going into it & I will help all I can & in every direction.9 I assume you are not going after a Federal amendment. I should not be for this. Would rather keep capital punishment.

Truly | Clarence Darrow

MS: ALS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. DATE: suggestion that Pierce was forming an organization against capital punishment.

TO VIVIAN PIERCE • CHICAGO • MONDAY 15 JUNE 1925

DARROW, SISSMAN, HOLLY & CARLIN June 15th 1925.

My Dear Vivian Pierce:-

I just received a letter from your Chicago friend and I will see her. Do not know how much I can help, but will try.

I am glad you are in this work and I believe we can make things go after we get started.

The best man on the psychiatrist end is Dr. William A. White,¹⁰ St. Elizabeth Hospital, Washington. He has been for many years the head of the government hospital, and has written more on the subject than any other man. He is all on our side. You can tell him that I suggested that you write him.

An eminent man in New York is Dr. Bernard Gluick.11 You can find his name in the telephone directory and my name will go with him.

Dr. William A. Healy¹² is another good man. He is connected with the courts in Boston and a letter addressed to him in care of the court will get him.

When I get time, I will try to help you.

Very truly yours, | Clarence Darrow

MS: TLS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. INSIDE ADDRESS: Miss Vivian Pierce, | 448 W. 24th Street, | New York, N.Y.

TO H.L. MENCKEN • CHICAGO • WEDNESDAY 5 AUGUST 1925

DARROW, SISSMAN, HOLLY & CARLIN August 5, 1925.

My Dear Mr. Mencken:—

If you think best, change the title as you suggested—“Edwardses and Jukeses” or “Edwards vs Jukes.” I think the former is better. I want you to make sure of the grammar of the first title. I have very few prejudices about grammar and am never quite sure.¹³

It was nice to see you and get so well acquainted down in the benighted South. I wonder how you people kept the Baltimore Sun in such good shape so near the dead line. In fact it is dead enough anywhere. I enjoyed your stories and I hope you will publish them in some permanent form.¹⁴

Am sorry you missed my examination of Bryan. I made up my mind to show the country what an ignoramus he was and I succeeded, but I only had two hours of him and wanted another day. However, the judge came in court in the morning without any motion on the part of anybody and dragged him off the stand. Of course the judge had been seen the night before.

Lipmann evidently has not any sense.15 I wonder what was to be done. Scopes was indicted and it either had to go by default or somebody had to make a fuss about it. I was interested in waking up to the country as to what they had to meet and think we succeeded so far. I do not know how much farther they can get, but they will never pull off anything else without a fight in the first instance and I think science should lead and I think will. However, life is nothing else but a fight, if you believe in any kind of freedom and they will edge in on us some where all the time. Prohibition was the first thing that caused all the difficulty and I knew it would, but although I can get along without booze myself, I looked on it as an outside fortification of freedom.

I shall surely hunt you up when I come to New York again.

I am mighty glad you like the Edwards-Jukes story. I hope it will stir up some thought on the subject of letting a committee determine who should do the propagating. Of course it does not concern me much personally any more, but at the same time, I do not want the Methodists or the Baptists to pick out the fathers and mothers of the fool race.

Always, | Your friend, | Clarence Darrow

MS: TLS, NN, Mencken Papers. INSIDE ADDRESS: Mr. H.L. Mencken, | 730 Fifth Avenue, | New York, N.Y.

TO THE (CHICAGO) DAILY NEWS • GREELEY, COLORADO • TUESDAY 11 AUGUST 1925

Judge Raulston was elected on a fluke and is now campaigning for reelection this fall.¹⁶ The trial was part of his campaign. He called the grand jury and asked them to indict Scopes in a hurry so the case could be tried in his district. The indictment was illegal, as it was brought too soon after convening of a special grand jury, so the judge had him reindicted a month later, on the day of the trial.

On Sunday, three days before the case was closed, Mr. Bryan spoke twice in Dayton. Raulston was present at both meetings and sat on the platform at one. He paraded his fundamentalism all through the trial and has given the people of Chicago a chance to see what sort of trial could have been had before him.

It was perfectly proper to call Mr. Bryan a recognized expert on the Bible, to testify as to meaning of story of creation. The questions asked him were perfectly civil, but when the examination had only commenced the judge came in to court in the morning and took Mr. Bryan off the stand without any motion being made in court to that effect.

The judge may be glad he has a limited education. One cannot always avoid being ignorant, but few boast of it.

The incident citing me for contempt is absurd. I did feel a contempt for his unfairness. I did show it, as often happens by lawyers in court. I did apologize as I should have done. This constantly happens in court and the judge knows it, although it never happened to me before.

Clarence Darrow.

MS: (Telegram) “Darrow Criticizes Raulston as Unfair,” The (Chicago) Daily News, 11 August 1925. DATE: telegram was reported by the Daily News as sent on this date.

TO SAMUEL D. SCHWARTZ • GREELEY, COLORADO • WEDNESDAY 12 AUGUST 1925

THE GREELEY GAS AND FUEL COMPANY Aug 12th

My Dear Mr. Schwartz

I don’t think I would be the right one to debate with Dr. Stratton.17 I would suggest Dr. Shirley Jackson Case of the University or Dr. John Thompson¹⁸ or the Evanston minister whose name I can’t recall but you can find out about him. You doubtless know others. Dr. Will Durant19 is one of the ablest debaters I ever met. I would be willing to debate with him on Feby 8th but I want it billed on condition that you may substitute some one else in case I can’t be there. I don’t like to promise absolutely so far ahead. Will be in Chicago Aug 25.

Very truly | Clarence Darrow

MS: ALS (copy), ICN, Arthur and Lila Weinberg Papers. DATE: letters from Schwartz to Darrow.

TO SAMUEL D. SCHWARTZ • GREELEY, COLORADO • THURSDAY 20 AUGUST 1925

THE GREELEY GAS AND FUEL COMPANY Aug 20th

My Dear Schwartz

From your letter it would seem that Bishop McConnell and I have nothing to debate.²⁰ I like what you said about his letter and would like to debate with him if there is some question on which we honestly disagree, and which at the same time will be worth while to the public. I never debate just for the sake of debating, don’t think it is fair to the audience or a dignified thing to do, and I judge the Bishop feels as I do, for that reason it would be a pleasant thing to meet him. I am perfectly willing to state my views frankly to you about the subject. I believe that all organic and inorganic has always been in a state of change one from growing out of an other which I call Evolution. I believe that man as he is today is a product of Evolution. I have no theory of how the Universe came into being and am inclined to think that this will forever be a sealed book to man. I have no quarrel with the God idea although I can not conceive of it as an explanation, for the reason that I can get no mental image of God and if I could the question would still exist as to his or its origin. However I think, that it is just as admissable to say that God created the Universe in some form as to say that it created it self or that it existed forever. I am satisfied that there are things that human beings must be satisfied not to know. Neither have I any quarrel with the religionist. I am inclined to think that life is so hard and insoluble that the race must needs have some religion. More than that I can see little in Evolution that conflicts with a rational interpretation of Christianity. I think I could pretty well agree with most of the modernists position. I wish that Dr. McConnell would debate with someone like Stratton. I would be glad to sit amongst the bleachers and hear it. It is only the dogmatists and cock sure fellows that I can’t get along with. It seems to me that the student is always modest and willing to say that he does not know but is willing to use some theory as a working hypothesis that he thinks will help him and others, without being sure that he is right.

This is not much of an answer to your letter but I don’t see how I can do any better. I am quite sure that in the main you have somewhat the same attitude that I have, and will understand me.

By the way Dr. John Stratton has challenged me for a debate. I wish you would find out something about him, whether he really represents anyone, or is a man that it would be worthwhile to debate with. I am like Dr. McConnell, I am not an expert in Evolution, merely a student, there are thousands of men who know much more about it than I do. I am a pretty fair Evolutionist for a lawyer as Dr. McConnell is for a preacher. And I will not assume to know more about Evolution than I think I do. You can write the Bishop giving my views, sending him a copy of my letter if you wish but it is personal to him & you, I wouldn’t want it in print as it is written hastily. I will be in Chicago the 25th or 26th of this month & would like to see you then when you will have had a chance to hear from Bishop McConnell and perhaps have some information about Dr. Stratton. I think it would be a fine thing for you to have Bishop McConnell on your programme for an address. Still better to have a debate between him and a fundamentalist. I am not trying to get up a row between Christians, but it seems to me, that the progressive ones must make a stand for religious freedom, and more & more I find myself in sympathy with them and coming to feel that they are the only ones who can preserve liberty of conscience and speech. With kindest appreciation & regards,

Clarence Darrow

MS: ALS (copy), ICN, Arthur and Lila Weinberg Papers. DATE: letters from Schwartz to Darrow.

TO H.L. MENCKEN • GREELEY, COLORADO • TUESDAY 25 AUGUST 1925

THE GREELEY GAS AND FUEL COMPANY Aug 25th

My Dear Menkin

Your letter reached me here where I am taking a short loaf with my son and three grand children who live here. You see I am afraid the germ-plasm will play out and it would be a calamity not to help keep the fool race going. Any how I won’t be going very long and intellectually I am glad of it, though emotionally I presume I shall fight to the last.

I am interested in what you say about fundamentalism. I am sure we are in for a long fight and if it is ever finished we will be in for others. The human animal is like any others; his brain doesn’t count, he acts of course through emotion and it is as easy to stir him up now as it ever was. His life too is as aimless as ever was, in fact all life is aimless except for our kidding. I am satisfied too that the Catholics of this country are with the fundamentalists although they like to keep the crowd fighting in self protection.

However I have much more hope of Europe than America, and the pope & all the cardinals (nearly) come from Europe. Europe is much more civilized and as the Catholics will not act together until the church acts, the Catholic scientists and scholars in Europe may keep them from acting. You know somehow I would like to spend a day or two with you better than anything I can think of and would rather spend it in Baltimore than N.Y. for I wouldn’t be interfered with by as many people. Got your check and am glad you liked my stuff on the Edwardses & the Jukeses. I will probably need space and perhaps help to answer some of the critics that I am sure won’t like it. I want to write an other on Eugenics. It is strange how the fool notion has taken hold of the Semi-civilized. Because a man can make a fat hog out of a lean one by regulating their love affairs, they think we can make a fatter headed man by doing the same thing & perhaps we can. Still I know who will pick out the fathers & mothers of the race—It will be the fundamentalists in some sections and the Catholics in others. We wouldn’t have a [xx]. Then too I am prepared to show that a razor back hog is better than a Berkshire—of course I am considering the hog.

Always with appreciation & regard | Clarence Darrow

MS: ALS, NN, Mencken Papers. DATE: “1925” appended.

TO FRANK WALSH • CHICAGO • SATURDAY 29 AUGUST 1925

DARROW, SMITH, CRONSON & SMITH August 29th, 1925

Personal

Dear Frank:—

This is for your private consumption.21 Reverend Stratton has been making a good many cracks of a nasty sort to the Newspapers, to which I have so far paid no attention. You know of him and have heard him debate. I don’t want to debate with a man who cannot treat the matter in a gentlemanly way, and not resort to personalities. I could do it but it isn’t a pleasant job, and I don’t care to be annoyed.

I want you to assure yourself without telling him my views, that a debate could be so conducted.

If we come to New York, I hope you can act as Chairman. I am sorry I haven’t seen you for so long. Next time I am there I will surely hunt you up. I haven’t at hand your new address but trust this will reach you.

Always your Friend, | Clarence Darrow

MS: TLS, NN, Walsh Papers, Box 14.

TO FORREST BAILEY • CHICAGO • FRIDAY 4 SEPTEMBER 1925

DARROW, SMITH, CRONSON & SMITH September 4, 1925.

My Dear Mr. Bailey:—

Your letter is more than satisfactory.22 I never had any doubt about you or the rest of the boys. Of course we have to expect criticism if we do what we think we should do and I get used to it. I know perfectly well that the case was handled in the proper way and I doubt whether many people could have brought the attention of the country to it as we did, and after all, this is the main thing.

I urged Dr. Neal to take in a leading Tennessee lawyer and even got one of the very best lawyers in Tennessee to consent to argue this case with him. I told Dr. Neal I would be very glad indeed not to argue it if he would get a representative Tennessee lawyer. He replied that there would be no reason why all of us could not argue it, which is probably true and that he would get the lawyer. This he has not done. It is somewhat embarrassing to me and I am very anxious to have it done. Dr. Neal knows the man. He lives in Chattanooga and I think it very important to have him or some one equally as good.

I might as well be frank about Dr. Neal, although, of course, I prefer that he should not know it. He is a fine man and an able man and could have been a good lawyer if he had given his time to it, but he has chosen to be a professor and is not equipped to take the leading part in arguing a case. Mr. Hays,²³ I am sure, knows all about it. It is very hard to get Dr. Neal in any matter. I do not know quite how we can accomplish it, but I am very strongly of the opinion that a Tennessee lawyer of experience who stands well with the court should make the main argument in this case and I think it might be worth while for Mr. Hays to go and see him and if he does, to attend to it while he is there. Otherwise it may not be done.

The lawyer’s name, whom I think should argue this case, is Spurlock24 and every one knows his standing in Tennessee. However, I am not insistent on any special one, but feel very strongly that some one should be in and I would be glad to forego an argument myself, if it is necessary, in order to bring him in.

Of course I understand your position as well as I do my own. We have to be interested first of all in the result of this case and I would resent any lawyers outside of Tennessee coming in, but I am emphatic in my belief that some one there should be in this case. I have already said that to Mr. Hays and I have felt that from the beginning it should have been done down there. We did have a fairly good one who lived in Dayton, but at the last minute he got cold feet. I suppose he was afraid of the fundamentalists in his County, but this man I told you about, I know will do it.

There is another good lawyer there whom I think is the equal of any of them, but a younger man, and probably not quite as well known to the court. He would be perfectly willing to go in and I think Neal is rather more friendly to him than to Spurlock. This is Mr. Robert S. Keebler,²⁵ Memphis, Tenn. He is very able and an evolutionist and has made a good fight.

There is no use of any of us expecting that a man can take up a case like this and make a fight without criticism and I imagine nobody knows it better than your people.

I feel just a little mean about writing you in reference to Neal and asking you not to tell him about it. I think he should make an argument, but I know that one of these other lawyers would have more influence with the court and the people.

I want you to know that I thoroughly understand the situation and know that your letter states the facts just as they are and also understand your high esteem for me and I want you to know that it is fully reciprocated.

Very truly yours, | Clarence Darrow

P.S. You are at liberty to show this letter to Mr. Hays or Mr. Malone.

MS: TLS, NjP, ACLU Archives. INSIDE ADDRESS: Mr. Forrest Bailey, | 100 Fifth Avenue, | New York, N.Y. ENDORSEMENT: noted as received on “9/8/25” and reviewed by “FB.”

TO ARTHUR GARFIELD HAYS • CHICAGO • THURSDAY 17 SEPTEMBER 1925

September 17, 1925.

Dear Arthur:—

I cannot help worrying some about the situation of the case. I hear nothing from Neal and this morning I received a letter from the Bureau and find that you have received no word. He is absolutely hopeless.26

I am not at all sure that he has the record in shape, to start with, and if he has, he has probably done nothing in the way of preparing the matter for argument. It will be too late to get another Tennessee lawyer when we get down there. Don’t you think you should go down and straighten things out and if you do, do not leave until it is done.

I know this is a big job for you, but I feel that it cannot be accomplished any other way.

This case ought to be won in the Supreme Court of Tennessee and I think can be with the right handling. When I was there, he promised me to at once get one of the Tennessee lawyers that was suggested, but I am sure he has done nothing except to prevent it. I think Spurlock of Chattanooga would probably be the best man, although Keebler of Memphis is an exceedingly good lawyer and would be perfectly satisfactory to me.

I note what Mr. Bailey says about the case being placed at the end and I want to say that before I left Tennessee, Mr. Neal did speak to me about trying to have the case specially set with two days for argument, at the end of the docket, but since that, I have heard nothing.

Always, with best wishes, | Your friend,

P.S. I have heard from some source that Mr. Neal has been very much disturbed because he was not put on as one of the lecturers for the Daughters of the Revolution. He is probably being boycotted down there and it is possible he has got cold feet with all the rest.

MS: TLc, NjP, ACLU Archives. INSIDE ADDRESS: Mr. Arthur Garfield Hays, | 43 Exchange Place, | New York, N.Y. AUTHOR: references to Spurlock and Keebler, among other points.

TO VIVIAN PIERCE • CHICAGO • FRIDAY 18 SEPTEMBER 1925

DARROW, SMITH, CRONSON & SMITH September 18, 1925.

Dear Miss Pierce:-

Your letter is just received. I will do the best I can to get down there in October, but cannot come this month.

I am very much pleased with the progress you are making. I have great confidence in your bunch.27

I think we ought to get a few Christian Science people on this list, as they all seem to be our way. I would suggest Alice Thompson²⁸ who is a lawyer here. She is very intelligent and is very strong for us. You may address her in my care, if you wish.

I wonder if Willis Abbott²⁹ would not go on the committee. He is the editor of the Christian Science Monitor. I believe this committee is going to accomplish something. It is the first time I have felt very hopeful about doing it.

You will find my taking more active interest before long.

Very truly yours, | Clarence Darrow

MS: TLS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. INSIDE ADDRESS: Miss Vivian Pierce, | 70 Fifth Avenue | New York, N.Y.

TO OSWALD GARRISON VILLARD • CHICAGO • FRIDAY 2 OCTOBER 1925

DARROW, SMITH, CRONSON & SMITH October 2, 1925.

My Dear Mr. Villard:—

Replying to your letter about coming to New York on the 10th, I would say I would like very much to come and of course I will be satisfied to simply take my expenses. I like you and your crowd and the paper, and feel that you are doing a great deal for the cause of liberal thinking. You are about as open-minded a bunch as I know, and likewise fearless.

I must add, however, that I do not like the subject you propose—“Is Science the Enemy of the Church.” I do not think that science is the enemy of the Universalist Church or the Unitarian, or most of the Congregational churches. Neither do I think it is the enemy of churches like the one where Fosdick talks, nor John Haynes Holmes, nor of many Methodists that I know, and even some of other denominations.

I must confess, that beyond this, my experience in Dayton where I saw the dense ignorance of what we call Fundamentalists and their persistent endeavor to destroy all freedom of thought, it caused me to draw nearer to those who are fighting bigotry and intolerance from the inside of some church organizations, and with some church organizations.

Of course many of the so-called progressives cannot avoid finding some hang-over of the old time theology which is mixed with their tolerant ideas and their belief in science, and I fancy perhaps the same thing might be said of you and me. All of us are to a certain extent bound by the past and in spite of ourselves, we use much of the language of the past and intuitively accept many old ideas without investigation, assuming they are correct.

I believe a large part of the church is very rapidly alligning itself with scientific thought, and personally I do not feel like doing anything to drive them away.

I presume you have got your mind set on the subject, but if you have not, I would suggest “Is man a Mechanism”. I am certain that Mr. Fosdick, or most any of the liberal ministers are not ready to accept that idea. Without being dogmatic, however, I am pretty sure that man is simply a piece of mechanism. Under such a question, we could say most anything regarding present day ideas. If that would not do, we might think of something else, but I would hate to put myself openly in the way of declaring that the church is an enemy of science. I am not at all sure that religion is an enemy of science. Life is so hard that I am satisfied for some time to come, perhaps forever, the great mass of men will turn to some kind of faith to make it easier. I am not at all certain that humanity at large could live without it.

Anyhow, write me your ideas on the matter and I will certainly be glad to come. Preparing something in advance is pretty hard for me, but I might even do that.

With kind regards and best wishes, I am,

Your friend, | Clarence Darrow

MS: TLS, MH-H. INSIDE ADDRESS: Mr. Oswald Garrison Villard, | 20 Vesey Street, | New York, N.Y.

TO THE SURVEY • CHICAGO • JANUARY 1926

I have no doubt but what the world war is largely responsible for the reactionary tendency of the day.30 This is a condition that has followed all great wars. To engage in such a contest requires a cultivation of intense patriotism. When nations begin mobilizing, they start with the liars. They write about their enemies and they write about themselves. Everything is good at home and bad with their enemies. Some fairly intelligent people do not know any better than to believe it. I believed part of it myself, but am gradually getting over it. After the war, the spirit of super-patriotism remains. This is easily used to the advantage of the strong. Religious superstitions likewise grow; the leaders have a positive doctrine which involves unlimited promises. Then too, people are generally prosperous, or seem to be, during a great war. All the slack is taken up. Every man is busy. Production is great. Wages and commodities are high. Every one likes it until they wake up, which is several years after.

Following the War of the Rebellion, it was eight years before the people began to realize that somebody had to pay.

One must always remember that human beings do not reason—enough to hurt. They live from their emotions and so far as they do reason, this is controlled by their emotions. They are patriotic when they are getting plenty to eat and begin to grumble when times are hard. The grumbling will come later—not very much later; and after that, again will come bragging, blustering and one hundred per cent patriotism, and so on—world without end.

CLARENCE DARROW.

MS: “Where Are the Pre-War Radicals,” The Survey 55 (1 February 1926): 556, 566. PLACE: no reason to doubt Chicago. DATE: publication date.

TO ALICE BEAL PARSONS • CHICAGO • SATURDAY 13 MARCH 1926

DARROW, SMITH, CRONSON & SMITH March 13, 1926.

My Dear Mrs. Parsons:—

I was glad to get your letter and glad you finished your book. I shall certainly read it and if possible write something about it myself, which might do it a little good here. If I cannot praise it, I will not say anything.31

I think there are a few things that I believe in that do not correspond with your views. I do not like to be too dogmatical about feminists, but I suppose you know what my general view is. I am inclined to think that nature has provided means of perpetuating the fool human species and in that provision, women are much more conservative. Otherwise brats would die young. I think it is biological. Perhaps I am mistaken. If you know anything new on this, I would be glad to see it, for I have no prejudice on the matter.

I get down to New York once in a while, but have not had your address, or would have tried to see you.

Best wishes, always, | Very truly yours, | Clarence Darrow

MS: TLS, NSyU, Alice Beal Parsons Papers, Box 1. INSIDE ADDRESS: Mrs. Alice Beal Parsons, | 71 Bedford Street, | New York, N.Y.

TO H.L. MENCKEN • CHICAGO • WEDNESDAY 17 MARCH 1926

DARROW, SMITH, CRONSON & SMITH March 17, 1926.

My Dear Mr. Mencken:—

Enclosed I am sending you a story on Eugenics. You have been publishing so much on this question that I am not sure that you will feel that you can use it. If you do not, send it back without the slightest hesitation. I am not even sure that it is worth publishing, but anyhow, here it is.32

I hope to be in New York around the 1st of April, and if so, I am going to make an effort to see you.

That was a corking letter you sent out last Sunday on Tennessee. I am glad there is somebody that knows how to do it and is not afraid.³³

Your friend, | Clarence Darrow

MS: TLS, NN, Mencken Papers. INSIDE ADDRESS: Mr. H.L. Mencken, | 730 Fifth Avenue, | New York, N.Y.

TO SINCLAIR LEWIS • CHICAGO • THURSDAY 15 APRIL 1926

April 15, 1926.

Dear Sinclair:—

I am awfully glad you got the book started. I want to help you. I know you need it.³⁴

You have got to go down to the Ozarks with us. I do not know just when it will be, but some time after the 10th of May. My case starts in Detroit on the 19th and I will know better after it is started and then I will let you know.³⁵

You and that pulpit-pounder Jenkins are a damn fine pair of friends.36 I could tell the lady where she could do better than taking a shot at me. Anyhow, you will hear from me.

Best wishes. Truly,

MS: TLc, MnU-L, Darrow Collection. PLACE: no reason to doubt Chicago. INSIDE ADDRESS: Mr. Sinclair Lewis, | Ambassador Hotel, | Kansas City, Mo.

TO FRANK MURPHY • CHICAGO • THURSDAY 27 MAY 1926

DARROW, SMITH, CRONSON & SMITH May 27th

My Dear Judge Murphy

I am sending you today the books I told you about, and I hope you may like them.³⁷ I think of you a great deal and miss you a lot. You were so kindly and human that it made a troublesome case easy to try. I wish you could come over for a few days. I think we could make you comfortable and I know you would make us happy. Tell Frank³⁸ I shall write him in a few days. Tomorrow I go to Tennessee to argue the Scopes Case in the Supreme Court.³⁹

With gratitude and affection

I am your friend always | Clarence Darrow

Mrs. D. sends kind regards—

MS: ALS, MiU-H, Frank Murphy Papers. DATE: reference to Scopes argument.

TO NEGLEY D. COCHRAN • CHICAGO • SUNDAY 6 JUNE 1926

DARROW, SMITH, CRONSON & SMITH June 6th

Dear Neg

It has been a long time since I have written you, but I often think of you & I always shall. We are going to Colorado the last of June and shall stay two months or more, at Greeley mainly. I wish you could go. Scripps died and was buried in a characteristic way.⁴⁰ I hope his death will not affect your business affairs any. I hoped he would do something for you in his will. Still every one holds onto their property as long as they can and don’t want to do much when they die. Still he was a remarkable man and I thought a great deal of him. I just got home from Tennessee where I argued the Scopes case in the Supreme Court. They gave what seemed like a good hearing, but you can’t guess. I wonder if by any chance you will be here soon. We ought to have a few weeks together before long. Whatever we do must be “before long.”

Always your friend | Clarence Darrow

Best always to Mrs. Cochran.

MS: ALS, OT, Cochran Papers. DATE: “1926” appended.

TO RICHARD F. PETTIGREW • CHICAGO • FRIDAY, 18 JUNE 1926

DARROW, SMITH, CRONSON & SMITH June 18, 1926.

My Dear Pettigrew:—

Glad to get your letter addressed to Mr. Lewis.41

On account of your postscript, I want to say that most people probably have an idea that Evolution means constant progress. I say this without knowing what the word progress means. I am satisfied that no well informed evolutionist now believes this. I am sure I do not. I think man has not changed since he became man.

Evolution simply means that one form of organized matter grew out of another. The horse is a gradual growth from a little animal called the Eohipus which can be found in various stages down through the rocks. The bird has grown out of the fish or reptiles. Man developed, perhaps, from the Lemur, a little animal which probably inhabited the earth several million years ago and was at the dividing line between ape and man. The structure of apes and monkeys to say nothing about horses and dogs, is practically the same as that of man.

Evolution does not mean perfection or an approach to perfection. It simply means that form of matter is not a separate creation, but that one grows out of another.

If you want me to, I will send you a book on the subject.

I wish you would come back to Chicago some time. I do not know just when I could get out there. I am going to Colorado the 1st of July to spend about two months.

I see in your letter to Mr. Lewis you refer to China and the United States. I am satisfied there is more what we call crime in the United States than in China, but I have been looking for figures on the question of criminology in China and have been unable to find them. I wish you would tell me where I could get hold of some.

Best wishes to you and Berta,42 I am,

Your friend, | Clarence Darrow

MS: TLS, SdSifSHM, Pettigrew Papers.

TO H.L. MENCKEN • GREELEY, COLORADO • TUESDAY 27 JULY 1926

Greeley Colorado | July 27th

My Dear Mr. Menken

Enclosed is the old check. I am very sorry that I put you to the trouble of looking it up, but it had entirely faded from my mind.

I have been greatly impressed with [x] Wheless’ book.⁴³ He has done a fine job and I wrote him a line about it. I wish that in some way it could be put into the hands of the general public, but they can’t pay $5 for it. Still I am hoping that it will start discussion on the subject. Every one seems to be buffaloed by the preachers. I must put a word of criticism to you on Wheless’ book. His God business is bunk. There is no sort of evidence of God any where and can’t be. No one knows what the word means and if there were a God we would need to explain where he came from. Then where does he get the stuff on the last page or two that the bible is the greatest book. I think pound for pound it doesn’t compare with any of the world’s greatest litterature. Still I have no desire to criticise, for he did a great job and I hope it will sell.

Mrs. Darrow enclosed a check for $1.00 to pay for sending your copy to me. I hope it found the right person. I wanted it quick & I appreciated the kindness of your office in sending it so I returned it as soon as I got an other.

I am putting in my time loafing and writing, don’t know what I shall bring forth. Of course I would rather you take any of my stuff than any one else, although I have sent a story to Harpers on their request on crime.⁴⁴

I shall go back to Chicago the first of Sept. and I am coming East toward the end of the month and want to have a visit and a drink with you; keep me posted as to where you will be and I will find you. I haven’t been quite so well as usual. Guess I have been going a little too lively. I seem to forget that I am almost 70 but it gives me no concern. I don’t want to do it over, and I am satisfied with my rather firm conviction that when we are through we are through. Sorry to send you so long a letter written by hand

All good wishes always | Clarence Darrow

MS: ALS, NN, Mencken Papers. DATE: “1926” is appended and supported by reference to Wheless’s book.

TO HENRY FORD • CHICAGO • THURSDAY 14 OCTOBER 1926

DARROW, SMITH, CRONSON & SMITH Oct 14th

Dear Mr. Ford,

I feel that I should write you a line telling you how glad I am that you expressed your views on crime.45 Every one seems to believe in cruel punishments, which is really vengeance, but still the students have always taken the view that you have expressed so well. If boys were trained to make a living and had a chance to earn good wages most of the crime would disappear, and I believe nothing can be done in any other way. The state tries to educate every one to be scholars; it can be done for only a few, and those who can not be scholars, or do not wish to be, should be educated to be useful in other lines; most of them could work with their hands and would enjoy it, if they could receive fair wages. I am so glad for what you have said and hope you will say more.

Sincerely Yours—Clarence Darrow.

MS: ALS, MiDbEI. DATE: letter is stamped received on 18 October 1926.

TO HENRY FORD • CHICAGO • SUNDAY 24 OCTOBER 1926

DARROW, SMITH, CRONSON & SMITH Oct 24th

My Dear Mr. Ford,

I was very glad to receive your letter today.⁴⁶ I am sending you a copy of a book I once wrote, which has McGuffe’s school readers in it and the old time country school,—I think possibly you may enjoy.⁴⁷ I would be glad indeed to get the readers which you said you would send. If you wish to I should like to have you use what I said about your position on crime. I have often wanted to drop in and see you when I was in Detroit, but I know how busy you are and then I fancy that a very large percentage who call to see you want you to do something for them in some cause which may or may not be wise, and I don’t want to be put in that class.

With best wishes—| Clarence Darrow—

MS: ALS, MiDbEI.

TO KATHERINE DEBS • ATLANTIC CITY, NEW JERSEY • FRIDAY 5 NOVEMBER 1926

THE SHELBURNE Nov 5th

My Dear Mrs Debbs

I have been here for my health trying to recover from a long illness. Of course I read of dear Jene’s death.48 It was a hard blow to me. I never knew a man whom I loved more than I did him. No better, kindlier man ever lived than Jene. I shall miss him as I have missed few others. You have my deepest love & sympathy in your affliction.

Your friend always | Clarence Darrow

MS: ALS, InTI, Debs Papers. DATE: reference to death of Eugene Debs.

TO JOSEPH MORO • CHICAGO • SATURDAY 4 DECEMBER 1926

DARROW, SMITH, CRONSON & SMITH Dec. 4th.

Dear Mr Moro

I feel that it would not be wise to hold meetings while the matter is before the Supreme Court, especially if the lawyer in the case does not desire it.⁴⁹ If they are beaten I am quite sure that there will be time enough on appeal to the Governor & I shall then be glad to do all I can.

Very truly | Clarence Darrow.

MS: ALS, MB, Felicani Sacco-Vanzetti Collection.

TO FREMONT OLDER • CHICAGO • TUESDAY 14 DECEMBER 1926

DARROW, SMITH, CRONSON & SMITH Dec. 14

Dear Fremont

Yours of 10th just received.50 I want to do any thing possible for J.B. but he must call in some one to advise him and not expect his friends to take a hopeless position. His position as shown by Coyle⁵¹ is that he did not have any thing to do with the matter. What do you suppose the L.A. people and the governor would do on that statement. Remember he plead guilty. He was fully advised by his lawyers, Davis,⁵² Scott⁵³ & myself. Steffens also knew the facts & as I remember it you sat in with us. Not only did he plead guilty but he made a written statement telling how it was done which of course they had. He was for weeks in San Francisco. Was identified by the people who sold the powder. He registered in San Francisco. McManigal⁵⁴ I suppose is in L.A. A number of people saw him in L.A. that day and one of them in the building. The evidence was taken in Schmidt’s case and it is all there.⁵⁵ Large amounts of Dynamite were found in two places in Indianapolis one being in the vault of the bldg where the headquarters was located. The evidence of the Indianapolis case is still preserved & in the files of the U.S. Court. There are 20 more indictments undisposed of in L.A. J.B. could not explain his presence in San Francisco or L.A. It is absolutely out of the question to succeed on that line. On the other hand he never intended killing any one. His statement shows that it was only for a scare. He has been there long enough. He does not even need to say any thing about it. If such a position as he suggests is taken before Steffens sees Chandler,⁵⁶ there wouldn’t be a chance of even keeping them neutral. No steps should be taken in any direction without full conference. When Steffens comes we could all get together there. I know how determined he is but you must make it clear to him. You had probably better go over there and perhaps take Brennan⁵⁷ with you. Of course I don’t want him to put the load on me and prefer that you do not show him this letter. There has never been a time and never will be that I won’t help but it must be on lines that have a chance of success.

I shall not go to Europe this winter. I really do not feel able. Could not make a long trip. The Drs tell me to go to Louisiana but I hate even to do that but probably shall.

Yesterday I wired to the Herald Tribune but have not had a reply. This in reference to the review of the book. If they don’t take it The Chicago News will and I have the book, and want to do a good job. I fancy no one knows you or understands you or loves you more than I and I want to do it.58

Always your friend | Clarence Darrow.

MS: ALS, CU-BANC, Older Papers, Box 1. DATE: reference to reviewing Older’s book.

TO FREMONT OLDER • CHICAGO • WEDNESDAY 15 DECEMBER 1926

DARROW, SMITH, CRONSON & SMITH Dec. 15

Dear Fremont

I wrote you a letter yesterday. You may get this first. If so don’t act on this until you receive the other. I went into the matter fully in that. I hate to see J.B. make a mistake and there is only one way to win which I indicated. I have been thinking that I could go out there and have a conference with you and him in Jan. I hate to go. It is not easy for me to make so long a trip but I can and will if thought best. Of course Steffens will be here in the Spring and I may need to go again then. What I was thinking is for you to go & see J.B. after reading my letter written yesterday and if you can’t get him to leave things until Steffens comes. Suggest on your own account that you try to get me out when we three can go over the situation. He is not easy to handle but you may do it. Otherwise he has no chance. Am reading your book. It is beautiful. The Tribune wired me that they already had a review, but the Chicago News will take it.

Faithfully Clarence Darrow

I wonder if by mistake I sent the other to the Bulletin.

MS: ALS, CU-BANC, Older Papers, Box 1. DATE: reference to Older’s book.

TO LINCOLN STEFFENS • CHICAGO • SUNDAY 26 DECEMBER 1926

DARROW, SMITH, CRONSON & SMITH Dec 26th

Dear Lincoln

Your letter just arrived, the day after christ’s birthday. In the same mail was one from Older with an enclosure from J.B. In this J.B. seems to take a reasonable view. Of course it is utterly idle to make a contention that J.B. did not place the dynamite. The evidence is overwhelming and is preserved in the record of Schmidti’s case,59 also Indianapolis—also in a hundred other ways, lastly his over written statement at the time of the plea. He should be out as he never intended to kill any one or blow up any building. It was simply a misfortune so far as that is concerned. You know that the dynamite did not even stop the presses right under the place where it was deposited. All were killed by the fire that unfortunately was kindled from some barrels of ink in the alley. He is now willing that it be handled in our own way. I feel that it will be all right for you to come in the Spring, although I would not want him to know I advised it. I do not feel able to go there this winter. Shall go south in a few days, am really in bad shape, but think I will improve. Would be awfully happy to live to see him released. Will write more fully in a few days. I think we could get up some meetings for you. Perhaps a real debate here, out of which you could get something. Any how we will do it some way. This is just a note to tell you I got your letter and feel as if there is no need to give up your house this winter, but let me know what you think as to time. My fool friends are getting up a dinner for me April 18th—my 70th birth day if I stay that long which I presume I shall. It would be wonderful to have you here.⁶⁰

Always Yours | Clarence Darrow.

MS: ALS, NNC, Steffens Papers. DATE: “[1926]” appended.

TO JOHN T. SCOPES • MOBILE, ALABAMA • MONDAY 17 JANUARY 1927

Jan. 17

My Dear Scopes

I suppose you have seen all about the decision.⁶¹ As a matter of fact, it was more our way than theirs. Still, all of us here agreed that we should ask for a reassignment of the case as only four judges participated and they were really evenly divided. All the lawyers are agreed that this is what we should do, so I assume you will approve. I am pretty well satisfied that the law is dead but we want to be sure if possible. One of the four decided that it was unconstitutional and another that a teacher could teach any scientific doctrine of man’s origin except materialism. I am trying to recover my health and will probably not be back in Chicago till March. Will keep you posted.62

Truly— | Clarence Darrow

MS: John T. Scopes and James Presley, Center of the Storm (New York: Holt, Rinehart & Winston, 1967), 238–39. DATE: reference to the court decision.

TO H.L. MENCKEN • MOBILE, ALABAMA • SATURDAY 22 JANUARY 1927

THE BATTLE HOUSE Jan. 22, 1927.

My Dear Mr. Mencken:

I am here loafing, dodging winter, trying to get young again. It is very doubtful whether I will succeed in the last endeavor.

I have been thinking of something that ought to make a good story, if you have not already published anything like it on the subject:

The Lord’s Day Alliance, with Headquarters in New York, are raising H—l generally, especially in the Bible belt.⁶³ Wherever they see anyone having any fun on Sunday, they are introducing laws to prevent it; theaters, Sunday baseball, etc., etc. They have a good deal of literature that could be used to good effect. If you want me to do it, and can manage to get hold of their literature in New York and send it to me, I will see what I can make out of it.

This morning I received a letter from my old time friend, Brand Whitlock, whose name you will no doubt remember. The letter is all about a book of which I have never heard before, written by a Frenchman named Proust, and published in fifteen volumes, of which thirteen have already appeared.⁶⁴ Whitlock thinks it is the greatest thing he ever read. You probably know something about it. He says it is pessimistic in the extreme and that the author set his task to do this work and died immediately after it was finished. The first volume is entitled “Swan’s Way,” but I did not write specifically to tell you about this book; you have probably heard of it.

However, my friend Whitlock says, “I have been tempted to write an essay on Proust, but I don’t know who would publish it if I were to do so. Mencken might print it in the Mercury, but I have lost touch with Mencken these many years. I never met him, in fact, although when I was Mayor of Toledo he used to write now and again in approval of my endless and unequal conflict with neo-puritanism, with it’s cant and bigotry and intolerance. . . . ”

It occurred to me that you would like this article from Whitlock. I am sure you are familiar with his work and his ideas. He feels about as we do about most matters. If you want to send me a line here I would be glad to write him, or better still, if you care to, you can write him at Hotel des Anglais, Cannes, A.M., France.

I will be stopping here for some time and shall be glad to hear from you whenever it is convenient.

With best wishes always, | Sincerely yours, | Clarence Darrow

You can write me at Fairhope, Ala. This is across the bay from Mobile.

MS: TLS, NN, Mencken Papers. INSIDE ADDRESS: Mr. H.L. Mencken, | c/o Alfred A. Knopf, | New York City, N.Y.

TO MARTHA BENSLEY BRUèRE • MOBILE, ALABAMA • MONDAY 24 JANUARY 1927

THE BATTLE HOUSE Jan 24th

My Dear Mrs. Bruere

Your letter followed me here, where I will be until the middle of March. I would be glad to see you & will when I come to N.Y. but I don’t see that it would do any good.65 The settlements are evidently lined up with the preachers who believe in forcing people to obey laws that have no reason for existence. They propose to help make this country the home of cowards. I don’t know why you should say my views are “unusual.” Every inteligent person who ever read history and knows any thing about the subject knows that always and every where obnoxious laws are got rid of because the people will not obey them. Suppose you read Sumner’s Folk Ways.⁶⁶

With best wishes | Clarence Darrow.

MS: ALS, ICN, Parton-Darrow Papers, Box 1, Folder 1. DATE: stationery and other letters from Alabama.

TO HORACE LIVERIGHT • FAIRHOPE, ALABAMA • FRIDAY 4 MARCH 1927

DARROW, SMITH, CRONSON & SMITH Fairhope Ala | Mar 4th

My Dear Liveright

I have been here for the cold weather and shall return soon. Shall be in N.Y. Mar. 15th. While here I have written my share (about 30,000) words of a book in collaboration with Mr. Victor Yarros of Chicago which is an answer to Dr. Irving Fisher’s “Prohibition at its worst.”67 You probably know the book. It has had a big run and is quite generally quoted. Dr. Yarros is a very able fellow & a good writer. Mine is as good as any thing I ever did. It is a live book and we leave nothing of Dr. Fisher’s book. Do you want to see it? We want to get it out soon. The MSS will be ready by April 15th. What do you think about it? I will bring a copy with me to N.Y. I shall be in Chattanooga Tenn. Mar 9 & 10. Can be got by Western Union or telephone. Will be in Washington from 11th to 15th at New Willard Hotel.⁶⁸

Truly Clarence Darrow

MS: ALS, PU-Sp, Liveright Collection. DATE: “[1927]” appended. NOTE: street address and city on letterhead are struck out.

TO H.L. MENCKEN • NEW YORK CITY • 23 MARCH 1927

HOTEL BELMONT March 23

My Dear Mencken

Sorry to miss you again. I am going from here to Washington. I wonder if I could see you Sunday or Monday if I stopped at Baltimore. Would like to see Dr Pearle⁶⁹ too. Arthur⁷⁰ says he would go over with me Sunday, or rather Saturday night. I want you to know how much I appreciated your kind words for me which were published in Vanity Fair.⁷¹ You know a fellow that gets so many stones &c can’t help appreciating the other especially from you. If you can see me probably better wire.

Your friend | Clarence Darrow.

MS: ALS, NN, Mencken Papers. DATE: “(1927)” appended and supported by reference to Vanity Fair.

TO ELMER GERTZ • CHICAGO • FRIDAY 3 JUNE 1927

DARROW, SMITH, CRONSON & SMITH June 3rd

My Dear Mr Gertz

Won’t you send this letter to Mr Harris.72 If he concludes to come I will do any thing I can to help him. Still he should think it over carefully. There is no doubt whatever that the book is obscene under our law. It would not be possible to defend that part of the case. All that is left is the question, did he have any thing to do with its circulation. In the first place it was printed in English. Then copies were sent here. I don’t know whether it was advertised or how, or who sent them or what relations he had with his publishers. The book has been talked about so much that the government is almost sure to act and they are liable to turn up any evidence there is. If he had any connection with their circulation they would stick him. Merely writing it is not enough. Still that would furnish a legal presumption. It would be assumed that it was written to sell and was published in English to sell in English speaking countries. It would take very little beyond that to connect him with the circulation here. He should be slow to put himself in danger. I think the chances would be decidedly against him. Tell him I expect to be over this summer or fall and can talk with him more specifically about the facts. Please forward this.⁷³

Very truly, | Clarence Darrow.

MS: ALS, IEN, Leopold-Loeb Collection. DATE: “[1927]” appended.

TO PAUL DARROW • CHICAGO • SUNDAY 5 JUNE 1927

CHICAGO June 5th

Dear Paul

Was automobiling yesterday and today & just returned and found your letter. When I was down to Dartmouth, one of the boys came to me and told me the lady wanted to see me and told me what it was all about. I told the boy that she must be crazy, that no such thing could have happened, but I told him to bring her to me, she came & showed me your letter (it was a very nice letter). She said that you were in no way to blame.74 She told me that her nephew had been convicted and given a death sentence in an adjoining county; and I had her telephone the lawyer who came over to see me. It is very doubtful if any thing can be done. But it is pending on appeal and as soon as the lawyer has the record perfected he is to send it to me and I will see what I can do with an argument in the supreme court. If they are beaten I will go with them to the Governor. She said that they could raise a little money, and I told her I didn’t want any. Of course I will do all I can for her. It is a matter that will not take much time or energy. I am sorry that this has bothered you all these years. Of course there was nothing you could have done to prevent it. Hope you can go there next year and I should be glad to go with you. I had a fine time there. Want to get this off to-night.

Hastily | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: reference to Dartmouth.

TO JAMES WELDON JOHNSON • CHICAGO • MONDAY 6 JUNE 1927

DARROW, SMITH, CRONSON & SMITH June 6th

My Dear Mr Johnson

I am delighted with your new volume of poems “God’s Trombones.”⁷⁵ It is the only Fundamentalists output I ever did like. It is a fine interpretation of the Negro preacher and his standard fables and sermons. These have of course been a large part of Negro life in the south and for that matter of all life in Dixie. It deserves a large circulation and I hope will receive it. This book is another evidence of the growing power and artistic sense of the Negro. I look for this sort of talent to ultimately win the long and cruel fight for race equality.

Always your friend | Clarence Darrow

MS: ALS, CtY-BR, Johnson Collection Files. ENDORSEMENT: stamped received: “JUN 8–1927.” INSIDE ADDRESS: Mr. James Welden Johnson.

TO UPTON SINCLAIR • CHICAGO • FRIDAY 10 JUNE 1927

DARROW, SMITH, CRONSON & SMITH June 10th

My Dear Sinclair

I have not yet had a chance to read your book but I know it is not obscene, and I know that the reasons for prohibiting it are just the ones you state.76 I rather expect to be in the Boston case where they have forbidden Dreiser’s book, An American Tragedy. Boston is the laughing stock of the U.S. in this matter. They have forbidden the sale of many books and the publishers should join in fighting them.⁷⁷ While in N.Y. go and see Arthur Garfield Hayes 43 Exchange Place. He knows the case better than any other lawyer, so far as I have heard.

With best wishes | Clarence Darrow.

MS: ALS, InU-Li, Sinclair Papers. DATE: reference to Boston case.

TO UPTON SINCLAIR • CHICAGO • THURSDAY 30 JUNE 1927

CLARENCE S. DARROW Chicago June 30th

My Dear Sinclair

I have just finished reading your last book Oil. Few novels have impressed me as much as this. 1st It is intensely interesting from the beginning. 2d It should help the public to see how constant and insidious have been the encroachments upon thought and speech since the war. If it is not already too late your book should be a great help in awakening the people to the imminent danger. 3d You know about the production and institutions of oil and still more important the production and distribution of “oil stock.”

I hope the book will be one of the best sellers.

Very truly | Clarence Darrow.

MS: ALS, InU-Li, Sinclair Papers. DATE: “[1927]” appended.

TO T. PERCEVAL GERSON • CHICAGO • MONDAY 11 JULY 1927

CLARENCE S. DARROW July 11th

My Dear Dr. Gerson

I have long been intending to write you, but am a very poor letter writer. My resolution was jogged by seeing your son in N.Y. He showed up at one of my meetings and it did me good to see him, although I only had a few minutes to talk with him. Life has jogged along fairly well since the long years between my stay in L.A. and now. Of course I am older, just passed my 70th birthday. Still I have hardly known that except that my health and strength are some what impaired. I had a quite a serious illness last summer but am better excepting that my engine is not as steady as it once was,—but what can you expect. I look forward without the slightest fear or worry or doubt, with the almost sure conviction that I am done when I am dead. The last fifteen years on the whole have been as pleasant as I have ever had. I have no longings for place or power, and need have none for notoriety or fame which ever we may call it. I have tried to take things quietly as they came along helping where I could to those who need it most, and getting my pay in my work. It is strange how the fates have thrust notoriety on me without my seeking. Wherever I go I am so drown with calls & telephones that I have no rest. I don’t know whether I like it or hate it. I only know that I can’t avoid it. I have few delusions about myself. I can see the accidents that brought it all about and I try to do the best I can with it. One thing it has done. It has assured me an audience wherever I go, and I always say what I believe and if it is not true, I think it is and is certainly not the stuff that they get in Congress, Churches, Rotary Clubs and the like. Mrs. Darrow is very well. I almost always take her with me. In fact I couldn’t get along with all the calls away from home without her. We expect to go to Europe this summer and I presume I will not be so much disturbed.—Still I am to make some talks in England. I want to compare their audiences with ours. You probably heard something of the birth-day party they gave me on my 70th anniversary. I couldn’t help being gratified as no one was obliged to come. I had no punishments to give and no benefits to bestow. Fay78 is the same good, true, faithful friend as he has always been. We seldom meet without talking of you. No one is closer to us in thought and feeling. I do wish I could see you again. Aren’t you never coming East. I would very much like to see Mrs Gerson too. You know how much both of us thought of the first Mrs. Gerson but I was very glad to hear that you married, and I am sure it was the thing to do.⁷⁹ The world is lonely enough at the best and no one should be alone. With all my good wishes always & love from both of us to both of you—Your friend

Clarence Darrow

MS: ALS, CLU-SC, Theodore Perceval Gerson Papers (Collection 724). PLACE: “Chicago, Ill. | Chicago Temple Bldg” appended. DATE: “1927” appended and reference to seventieth birthday.

TO MARY FIELD PARTON • CHICAGO • FRIDAY 15 JULY 1927

July 15

Dear Mary

Nellie80 came in with your good letter which of course I was glad to get. Why haven’t I written before? I don’t know. The outside office is always a stream of people waiting & I am tired before I can get away. I don’t want them to come but I can’t help it. I go somewhere else for relief & there they are the same crowd forever and forever. The mail is full of letters that I don’t want to read and can’t answer and my best friends grow discouraged waiting. What can I do?

I am weary of days and hours, &c. The old beautiful stanzas that you taught me, weary of “Every thing but sleep.”

This isn’t entirely an excuse,—my eyes always brighten and my heart gladdens at a letter from you which is always delivered to me when it comes at the office and once in a long time I am made glad by seeing you. But life is a weary drag and I like all others seem willing to let it drag, which it won’t forever.

How I wish I could come out and see you but I don’t see how I can. I haven’t been to New York for a long time and shall not go until I sail for Europe around Aug 1st. Will be gone two or three months. It may be in the heart of the Alps I will find some rest. Still I will be there with myself—O dam. Philpot⁸¹ makes one of his characters say of one who is old and ill and afraid he would spend his last days in the “Union.” You need a good bottle of medicine. He answered no what I need is church yard mold. Dear Mary I am not blue but it is now toward the evening, and around the close of day I am weary. I should write you in the morning when I am young & fresh.

I have just read and returned the proof to Boni and Liveright’s of my book on prohibition which I hope you will like.⁸² I am trying to get an article off for Mencken on the stuff you gave me, “The Lords day Alliance.”⁸³ Am writing a little on my life story which I hope will be readable, if not true. I still have ambition. I like to speak and debate, but writing means a little more work than I like to do. One thing ought to please me, I have enough money to live on comfortably to the end. Still it is harder to keep than it was to get it. But what can I buy with my money. You know what Hausman says

When first my way to fair I took

Few pence in purse had I

And long I used to stand and look

At things I could not buy.

But times have changed and if I wish

To buy a thing I can

I have the pence and here’s the fair

But where’s the lost young man.84

Hell Mary I am sorry not to be cheerful. I really am cheerful. I am eternally saying things witty & clever, and laughing at fate. Still I don’t seem to be in that mood today. I will sure see you when you get back to N.Y. in the fall even if I can’t see you in the country.

It must be nice to see Dr. Beard.⁸⁵ He is a fine fellow (I was about to say soul). I love him and he is so like the dear dead loving Foster.⁸⁶

Well they won’t stay outside the office any longer, this stream of poor crippled useless people on the way to the grave. Good bye dear girl. I always think of you & love you.

Clarence D.

MS: ALS, ICN, Parton-Darrow Papers, Box 1, Folder 9. ENVELOPE ADDRESS: Mrs Mary Parton | Palisades | Rockland County | N.Y. POSTMARK: Chicago 15 July 1927.

TO FRANK WALSH • CHICAGO • MONDAY 25 JULY 1927

CLARENCE S. DARROW July 25th

Dear Frank

I am tonight mailing you my picture.⁸⁷ I have never told you how much I think of you and most likely never shall. Several years ago when I came back from California with the feeling that I hadn’t a friend in the world, when those for whom I had done the most through the best years of my life turned their backs upon me, I found you almost a total stranger, greeting me as a friend who knew what I had always tried to be. Since then you have showed your loyalty in many ways. And while I have never felt resentment toward those who should have been my friends, I have year by year felt a growing affection for you. I am sure that there will never be a time when I shall not feel that I am

Yours with the deepest grattitude | and affection | Clarence Darrow

MS: ALS, NN, Walsh Papers, Box 15. DATE: placement in Walsh Papers.

TO JOSEPH MORO • CHICAGO • FRIDAY 29 JULY 1927

CHICAGO ILL. | JOSEPH MORO. | 259 HANOVER ST BOSTON MASS.

NEVER CAREFULLY EXAMINED SACCO VANZETTI CASE BUT KNOW THAT MEN OF THEIR VIEWS COULD NOT HAVE HAD FAIR TRIAL SO SOON AFTER THE WAR.88 SO MANY PERSONS OF INTELLIGENCE AND STANDING HAVE INTERVENED IN THEIR BEHALF THAT FEEL SURE IT WOULD BE A TERRIBLE MISTAKE NOT TO GRANT A PARDON.

CLARENCE DARROW.

MS: Tele, MB, Felicani Sacco-Vanzetti Collection. ENDORSEMENTS: date stamped: “1927 JUL 29 AM.”

TO FRANK MURPHY • CHICAGO • FRIDAY 29 JULY 1927

Chicago, July 29, 1927.

My dear Judge:

Some time ago Frank sent me your address on capital punishment.⁸⁹ I have read it carefully and it is a very fine piece of work. I wish you would have it printed in pamphlet form.

If you will permit me to make some suggestions about it, I think the lawyers who know little about this subject and care less have overworked the idea of swift and speedy justice, as they call it, not swift and speedy justice but speedy trial or what they call speedy justice. They have talked themselves hoarse on the law’s delays and technicalities. I know something about the administration of law in criminal cases. There was a time when there was a chance to reverse a case on what people are pleased to call technicalities, although they were not technicalities, they were substantial rights. The modern statutes and the rulings of courts have wiped away everything that savors of a technicality in a criminal case. A lawyer hardly needs to read an indictment. He knows it is good. But, if it is not good, the State can get a new one.

It has been a long time since I made any motions in court in the way of quashing indictments. If the indictment is so bad that it cannot possibly sustain a verdict, I go ahead with the trial, and if it is informal, I know that an objection will not avail me. The courts now even uphold double jeopardy in many forms for fear that some persons whom the newspapers accuse may escape punishment.

There is no delay in criminal cases. In Chicago, if one files a civil suit it will be two years before it reaches a hearing but in a criminal case an indictment may be found the next day after the commission of the offence, providing popular clamor demands it, and the defendant put on trial without sufficient time to prepare his case. In most of the states there is no stay of writ of execution as a matter of right in a capital case. One may be hanged while his case is pending in the Supreme Court. Judges are very slow to grant a supersedas, especially where there is great public clamor. The whole docket is cleared for the trial of a criminal case and the defendant, who is most always poor, practically helpless, must go into court without proper counsel or proper time for preparation.

I would say there is nothing whatever today in the point that what we need is swift and certain justice. Nobody knows what is justice, let alone swift or certain. There are cases where prosecutions have been long delayed but these are almost invariably cases where the States Attorney did not want to press them for trial. In a case of public clamor one is fortunate if he does not need to be in court defending his client within thirty days of bringing an indictment.

Whether justice is swift and certain or not, trial and condemnation travels at lightening speed. In fact, the defendant is condemned almost immediately on an indictment and no chance is given for feelings to cool so that he may have a fair trial.

Comparisons with English justice are beside the point. No public outcry can be raised by the newspapers against the man accused of crime in England, and he can at least get a trial by a jury which has not pre-judged his case.

I think if you would let this address be published you might consider this question. For I know the corporation lawyers, the big interests and the newspapers are persistently educating people to the old call of speedy and certain justice, which only means speedy and certain vengeance, and a denial of justice.

However, this letter is not meant to criticise this magnificent address which is true and brave and human like everything that you have done. I am going to keep this copy unless you want it back. I want some of my friends to see it. But I would like to have you re-write it if you desire to and have it published in pamphlet form. I am quite sure that Haldeman-Julius would get it out in one of their five cent books which insures a large circulation. I have so many calls for that sort of literature that I wish I had something to recommend. I feel that you personally won a victory in standing off capital punishment in Michigan, and I hope the tide will turn before long so that the voice of humanity can be heard. I was going to say justice, but I have not been able to find out what that word means.

We are sailing for Europe on the 6th. I have been disappointed that you are not going along. I wish you were. If you can go wire me and I will let you know the name of the ship we take. Of course, I was deeply gratified at the dismissal of the Sweet case. I shall always look back with pleasure and satisfaction to that trial. Perhaps it was the most important one I ever participated in and, aside from that, it gave me the great pleasure of knowing you as you are.

With deep regard and abiding affection, I am

Your friend, | Clarence Darrow

Love to Frank

MS: TLS, MiU-H, Frank Murphy Papers. INSIDE RETURN ADDRESS: 77 West Washington street, | Chicago, Illinois. INSIDE ADDRESS: Hon. Francis Murphy, | Recorder’s Court, | Detroit, Michigan.

TO PAUL DARROW • LONDON • SUNDAY 25 SEPTEMBER 1927

HOTEL METROPOLE Sept 25

Dear Paul

Am sailing Oct 8th arriving in NY about the 17th. If you get this in time write me to The Belmont Hotel so I will get it about that time. Have had a very good time here in London. Have seen Sir John Frasier.90 Shall see Hardy tomorrow, and Edward Carpenter⁹¹ on Wednesday & I hope to get Shaw and Arnold Bennette. Have also spoken at American Chamber of Commerce here and the American Club is giving me a dinner Tuesday night. Have got so far into things that I have more requests than I can take care of. Still I am ready to get back to America. I don’t know that it is the best country but I feel more at home there. Have had one letter from you here in London & had one in Paris. Hope to get an other before I leave.

Love to the rest | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1927” appended.

TO EDWARD A. ROSS • CHICAGO • WEDNESDAY 26 OCTOBER 1927

77 West Washington street, | Chicago, Illinois, October 26, 1927.

My dear Doctor Ross:

I received a letter from Percy Ward⁹² at Milwaukee, Wisconsin, wanting me to come to Milwaukee and debate with you on Prohibition. I don’t want you to think I had anything to do with this. I never tried to get up a debate with anybody. My personal view is that it would not be well handled even if we wanted to do it. It would be necessary for us to look after it ourselves. As far as I am concerned, I prefer not to and I presume you feel the same way. However, I might do it if you saw any reason for it.

With kind regards, I am | Very truly yours, | Clarence Darrow.93

MS: TLS, WHi, Ross Papers. LETTER ADDRESS: Dr. E.C. Ross, | c/o University of Wisconsin, | Madison, Wis.

TO PAUL DARROW • CHICAGO • FRIDAY 18 NOVEMBER 1927

CLARENCE S. DARROW Nov. 18th

Dear Paul

Got your letter this morning. It looks as if the deal will go through. Is that your idea about it? I wrote Fred to have the bonds sent here, and it will be done promptly.⁹⁴ Would like to know if you think it will be a sale. If it is not I shall arrange to go and see you this winter. Would go over the holidays but I am to argue that case in Vermont on Jan 2d.⁹⁵ Delivered a number of talks in the east, and am going back for a half dozen early in Dec. I don’t over work and take it easy. Am not doing any law work except to take something easy once in a while without going into court. Am writing some (I think Jan Mercury will have a story). I read a good deal and loaf more and work some cross word puzzles. Am feeling better than I have for a year or more. Haven’t bought any stocks lately. I wonder what has happened to Brazillian Traction. It was quoted yesterday at 207 to 208. Haven’t notice today. I got an autographed book from Thos Hardy, also one from Jas. Frazier, Arthur Keith,⁹⁶ and A.E. Hausman, which I will give you when you come, or when I go there. Had fine visits with all of them. Of course I am quite anxious for you to come here. I am sure that we can sell the plant if Hazeltine⁹⁷ doesn’t take it. Hope you won’t tie yourself up out there. I am sure you will enjoy life better here.

C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1927” appended.

TO PAUL DARROW • NEW YORK CITY • FRIDAY 16 DECEMBER 1927

HOTEL BELMONT Dec. 16

Dear Paul

I want you to send a Draft or Cashiers check to Fred. E. Golding on receipt of this Via Air Mail to 608 Central Bldg. Los Angeles Cal for $4500. Mr. Golding is one of my dearest friends. He was one of the strongest men on the jury in Los Angeles & seems to need this now. He has considerable property but it is more or less encumbered. I am sure I will get it back in a year but I would send it just as quickly if I knew I would not. Holly wired me that the deal went through all right.98 Of course I am very glad, and am anxious for you to come to Chicago as soon as possible. I am trying a case that has already taken a week & will take an other one. This is my last one.⁹⁹ Wire me here that you have sent the check.

Always | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1928? probably 1927” appended.

TO VIVIAN PIERCE • CHICAGO • TUESDAY 3 JANUARY 1928

CLARENCE DARROW January 3, 1928.

Dear Vivian:

I am glad you are doing something on the idea of looking up cases where the wrong people have been convicted. I think it would be a strong card to play. There is much more need of an organization to fight the ferocious changes in criminal statutes in the various states than there is for an anti-capital punishment league. I have been wondering whether we could take it on among other duties.

I will be in New York arriving about one o’clock p.m. on the afternoon of the 7th and go to the Belmont.¹⁰⁰ I will call you up at that time or you can call me. With best wishes, I am

Very truly yours, | Clarence Darrow

MS: TLS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. INSIDE ADDRESS: Miss Vivian Pierce, | League to Abolish Capital Punishment, | 104—5th avenue, New York City, N.Y.

TO LINCOLN STEFFENS • CHICAGO • MONDAY 16 JANUARY 1928

CLARENCE DARROW | 1537 East 60th St. | Chicago | January 16, 1928.

My dear Steffens;

I returned yesterday from about a month’s absence in the east where I managed to try one case and argue another in the Supreme Court and made a number of so-called speeches, so I am breeding dissension and doubt as far as I can.

I was glad to hear what you said about J.B. and Smithy.101 Of course I do not need to tell you that I will help in any way I can that seems at all feasible. My opinion is that you have made a very good start and the important thing in the future is to keep the friends that you already have. I think we would have very hard work accomplishing it without, and with these friends we are bound to win before long even though it involves a new pardon board and a new governor. I do not see exactly how the committee that you spoke of could render us any assistance at this time. Of course, there is a good deal of force in the idea that these men are kept along because of their being labor men. Still if that was urged too hard, wouldn’t there be danger of our very influential people in Los Angeles going the other way, if it involves any publicity which would bring any serious criticism to them? I would be afraid of the consequences, and there is no doubt but what the friendship of those associated with him will be worth a great deal. From what you tell me I have no doubt but what he is sincere in his position.

The matter that I have told you about several times I think should be urged, that no one intended to kill any person in the explosion; it was meant only for a scare. The bomb was meant to be placed where it would not injure life. I believe that Joe Ford¹⁰² would verify this, as the statements taken show it is absolutely true, and likewise the evidence shows the same. I think it would be a good plan for you to see Joe when you go down there. I want him to know that I have never felt unfriendly to him and will be glad to see him myself if I come there. His help would be very valuable and I believe he would aid us. I am glad to know what you say about the kind of feeling of the parties concerned. There is nothing that I have been more desirous to get.

I would like very much to come to California and may persuade myself to go. There is a very strong urge to have me go there in the coming summer, but we will have plenty of time to consider it and write back and forth about it before that time. I trust you are happy, at least as happy as an intelligent man can be in an damn fool world. I send you my kindest regards and Mrs. Darrow’s to your wife. We hope we will see her again some of these days.

Ever, your friend, | Clarence Darrow.

This turned over to me to sign, seal and send—so—please permit me to add my own friendly goodwishes—, and regret that the effort has not yet succeeded,—with hope for the future.

yours faithfully— | Ruby D.—

MS: TLS, NNC, Steffens Papers. INSIDE ADDRESS: Dr. Lincoln Steffans, | P.O. Box 835, | Carmel, Calif. NOTE: The last paragraph is in Ruby Darrow’s hand.

TO WILLIAM C. EWING • CHICAGO • MONDAY 23 JANUARY 1928

CLARENCE DARROW | 1357 East 60th St. | Chicago January 23, 1928.

My dear Mr. Ewing:

Your letter in reference to capital punishment was duly received. I somehow feel the urge to write you further about it. I think you are absolutely wrong on prohibition, if you believe in prohibition. In the first place, the old time chaplains and people of that ilk who hunted around prisons, were always interested to say that all the inmates were there on account of drink. The truth, as I believe, is that it has always been less than one in a hundred and probably one in a thousand would be much nearer correct. I have been defending people charged with murder for a good many years. I have never yet found a case where the homicide was due to drink. I found one case where I hesitated some time between making that defense and self-defense, but decided on the latter. The way the chaplains have made up the figures, is to ask a man if he drank. Pretty nearly all of them did drink as they likewise ate, and then inmates of prisons know what please chaplains so they give the answer wanted. Likewise they all want alibis and whiskey always furnishes an excellent one.

I would say that certain things go with most homicides, in fact, with most of the things we call crime, although I do not like the use of the word. There is no such thing in the world. I would say ignorance, lack of opportunity, no early training, no trade or calling and the fact that a criminal career commences in early youth. Most men who go to prison also drink. However, half of them are subnormal. When several things go together it is seldom possible to say which one is the cause or whether any one is the cause. Cause and effect are not easy to locate in human activity. The most that can be said is that certain conditions affect it. Almost all people who go to prison are poor and always have been poor. If a man begins a course of crime when young, if he has no education, if he is subnormal, if he has no trade and if he drinks, what was the cause of the killing? Nobody can tell. There are such things as proximate cause and remote cause. But, drinking cannot be a cause excepting in the case of drunkenness or a long course of overdrinking which weakens the structure. This can come much more easily from over-eating and perhaps from over-working, or from any one of perhaps a thousand things. I know perfectly well that men have committed homicides while drunk who would never have committed them while sober. These things are also in the realm of uncertainty because if a man drinks and intends to rob or kill, the chances are he will drink before he performs the act. You can hardly imagine a man who would do it without bracing up on coffee, whiskey or something else. But this does not demonstrate any causal connection.

Of course, I am very bitterly opposed to prohibition. This is not at all because I care for liquor, for I do not care for it. You could probably put all of the liquor I ever have drank in a ten gallon container, but I am opposed to it because I am opposed to interference of people with individual conduct. I would not be opposed to arresting a man if he was drunk, or possibly arresting him, if, through drunkenness or shiftlessness, he did not support his family. But, to say that I, who seldom drink, cannot take a glass of wine or whiskey because some “damn” fool abuses it, is to me indefensible.

I think you can understand my position because you evidently do not like meddlers. Freedom is a hard thing to preserve. In order to have enough you must have too much. Nobody can draw the line in matters where Government should begin or individual freedom leave off. They are purely imaginary and subject to ebb and flow. We do not know that some people have a more scientific idea of the function of the state than others, but we know you can divide men into two classes: One which is always trying to more and more control the conduct of its fellows, and the other class which is always trying to get more freedom. I belong to the latter class and would not be a prohibitionist even if I thought liquor caused a good deal of homicide, because I think that a large degree of liberty is necessary to any sort of human enjoyment. But then I do not like prohibitionists. Of course, there are exceptions everywhere. I have seen some “damn” good fellows who were prohibitionists. Of course, there are not many. Mencken defined a prohibitionist as a man you wouldn’t want to take a drink with if he drank. I have found that out in my life that the fellows who believe in prohibition believe in Sunday laws; they would believe in burning heretics; they believe in making the use of tobacco criminal; they set themselves up as authorities on morals and conduct and they have not the slightest tolerance for anyone who differs with them.

Any liberal minded man who deals with a prohibitionist is playing with fire. It is hard enough to preserve liberty as it is, and we do not preserve it. Look at Boston where you cannot go to a theatre on Sunday; you cannot have games and sports where admissions are charged; you cannot buy books that are fit to read; you cannot do much of anything unless it appeals to a lot of old maids and blue-nosed emotionless men. I do not like it and I believe you ought to think it over. You will never find anybody who will lay down any scientific rule as to where the individual’s rights might be stopped. The single-taxer would probably think he could, but then he thinks he can lay down rules for everything. I have laid one down to my own satisfaction.

The theory of criminal statutes is that men may be sent to prison for doing something that is morally wrong, and which they knew was morally wrong. Now, of course, there is no way to tell what morals mean excepting custom and habit. Morals are based upon folk-ways. But anything that is done, where one-fourth or even one-tenth of the population adhere to that sort of conduct without any feeling of guilt is not a proper subject for a penal statute.

I would guess that much more than half the people of the United States take a drink without the slightest feeling of moral guilt. There are a few of such men who believe in prohibition, but they are absolutely inconsistent with any sane idea of the function of a criminal statute. To say that everybody who takes a drink and believes in it, should be sent to jail, would shock most men unless they were utterly lost to any sane ideas of human freedom. Of course, it could be carried into eating as well as drinking. I am not at all sure there is any standpoint from which drinking is wrong. Some people think it produces poverty. I do not. Poor people would not have any more money if they did not drink. There may be a few exceptions to the rule, but not many. The person who drinks excessively would waste his money some other way. The amount of money spent in drink would never in any way compare with the money spent on automobiles, gasoline, tobacco, silks and satins, extravagant houses and foolish luxuries. Of course, enough could be produced and more to take care of everybody with comfort and a large degree of luxury, if only the question of distribution were solved. Taking a drink from a man simply means lessening his relaxation and his power of release from the drudgery of everyday life without in any way bettering his condition.

However, I do not mean to preach an intemperance sermon to you, but I feel called upon to talk a little about it. You say that the homicides in the United States have increased since 1900. How do you know this? I do not pretend to know. I used to be a hound for gathering statistics. I pay no attention to them in Illinois; they are not worth anything.

Let me make a few suggestions for you to think of. There are no reliable statistics on homicide anywhere in the United States. You may write to Washington, but you will find none. You may get English statistics and Canadian statistics, but not American statistics. Of course, some sort of statistics might be gathered by writing to the various states. Only a certain portion of them keep any and these are very imperfectly kept. True, in the last ten or fifteen years an effort has been made to keep criminal statistics. If the statistics show that homicide has increased since 1900, it could doubtless more than be accounted for by the greater care in gathering statistics. To my mind there is not a question but what it could.

But, that is not the only way to account for it. What is homicide, anyway? Homicide does not necessarily imply any evil intent. It means the unlawful killing of a human being with or without malice. Killing by gross carelessness or disregard of human rights like shooting off a gun in a crowded street. In all tables of statistics for the past few years there are a large number of automobile accidents included. I saw a while ago that twenty-five thousand people were killed from automobile accidents in the United States last year. This is more or less correct. So far beyond the homicides in number that there cannot be any comparison. But where an automobile accident caused a death and the accident is due to gross carelessness or to disregard of rights of others, which amounts to about the same thing, these are included in homicides. They are included everywhere in the United States so far as I have any knowledge of the subject, which is considerable. Automobiles have increased to an alarming extent of late. There were none to speak of in 1900. Do these people who parade their “fool” statistics ever stop to analyze them? I shall send you in a few days a careful analysis that I have made of the figures of the Crime Commission in Chicago where there are reported as much as six times as many murders as really take place, and you will see from my article, which is a reprint from Harper’s Magazine, that there is no answer to it and cannot be any.103 The newspapers and preachers, and other respectable people, never try to find out causes. They want to sell papers and sermons. The unsuspecting public gets into a white heat of anger so that somebody will be punished. It is pure sadism.

There are an infinite number of causes that enter into homicide. For instance, the growth of Ku Klux Klanism has produced a good many by intensifying religious differences. Prohibition has been the cause of many of them. The jails in many places are filled with violators of the prohibition law, some of them for murders as between different gangs of bootleggers. They will increase as long as there is prohibition. At least I don’t want people to stop bootlegging. Liberty is worth fighting for. Strikes and lock-outs cause them. The cheapening of the value of life by the great war undoubtedly causes many, and a surprising number by returned soldiers. But, the psychology was not confined to returned soldiers; it affected all classes. In this country the mixture of races and creeds has been a prolific cause of homicide. Our figures have been compared with England but of course the people who talk about it, as a rule, know nothing about England. As nearly as I can get at it, there have been for the last few years one hundred and fifty murders reported in England and Wales, with about thirty-five convictions carrying the death penalty. Of these thirty-five, twenty were reprieved so the executions were about fifteen where this country probably has had three or four hundred, with a population of two and one-half times as great.

If examples would do anything, nobody would kill any more. English courts probably have trials quicker, but that does not mean justice, neither does it mean a deterrent. Nobody would dare say a word about a criminal case in England, in any way reflecting upon any person connected or allowed to be connected with it until after the trial. Papers try all the cases and convict all of the defendants within a week of the time the thing has happened, and it is almost impossible to get a fair trial in this country.

Another thing is that newer countries produce more violations of law than older countries. A violation of law simply means getting out of the old rut, which is violating a custom, and the ruts are not as deep in newer countries as in older ones. Someone may call your attention to Canada. This is no exception. Take out the large cities and the mining districts and the manufacturing centers in Canada and America and the results will be the same. Canada has few large cities and a fairly homogenous population. I do not like the idea of our fellows accepting the “fool” statements that are made by the sadists. People get punished quickly enough.

You suggest to me that if everybody knew that every crime would be punished wouldn’t they stop? Probably they would, but if everybody gave up committing them, they would likewise stop. Nobody knows that every crime would be punished. In the first place, they don’t know what the word means. Everybody who robs or kills prepares an escape and generally succeed in making it. That is true the world over and always will be true. Only the timid can be kept from it by fear of punishment and the people who commit crimes are not timid. I use the word crime because other people use it. That word never should be used. Crime is only a violation of custom and habit that has become the subject of a penal statute, and that is all there is about it. For instance, we have statutes against cheating, but there is not a newspaper in the world that does not carry lying advertisements and not a merchant who does not cheat. Advertisers write for the purpose of imposing upon “damn” fools and making them buy something they do not want and cannot pay for. Over-reaching is business. Selling real estate and services,—all sorts of things are alike. But, only the poor get hooked under such statutes.

I have never had as much sympathy as I might with many of the books against capital punishment. They have taken a religious attitude which is of no value. I would do as you do, I would use it where I could get any result, but a man cannot submit to it in his own thinking, at least.

The tendency is to make penalties worse instead of better. There are some such things in your book, good as it is.104 People argue there would be more convictions if we got rid of the death penalty. Probably there would but penalties are too hard anyhow, and prisons are too horrible. This is much more important than capital punishment because there are tens of thousands in prison where there is one who is executed. And, anyway, to a sane person a long term of imprisonment is worse than death. It does not shock we sensitive people so much, but it is really worse. I have an idea that if you had a choice to die from some natural cause or to go to prison, you would want to die. If you knew you were liable to go to prison for a long term of years, when you went to bed, you would hope you would not wake up. That does not mean that a person would hasten to land himself in the frying pan.

I hope you will excuse the length of this letter. Perhaps it will not be of any value to you, but I think it may possibly give you a little different slant on some things. With kind regards, I am

Very truly yours,

P.S. I note on re-reading your letter that you refer for statistics to Dr. Haufman105 of the Babson Institute and the Prudential. I wish you would have them send me copies. I still think I can explain them if I see them.

CSD

MS: TT, ICU, Darrow Papers, Box 1, Folder 13. INSIDE ADDRESS: Mr. Wm. C. Ewing | c/o Mass. Council for the Abolition of the Death Penalty | 4 Park Street | Boston, Mass.

TO VIVIAN PIERCE • CHICAGO • FRIDAY 17 FEBRUARY 1928

CLARENCE DARROW February 17, 1928.

Dear Vivian:

I will be in New York without fail on the 19th, probably arriving in the morning.¹⁰⁶ Don’t you suppose the papers would carry this as a news item which would undoubtedly result in filling the house? If so, let it be known that the proceeds of the meeting are to go to the League to help in carrying on the campaign.

I also think after we get the people in the house the occasion should be used to take up a collection. I don’t know whether you ever attended a Methodist meeting where they raised money for the church. Some barker tells what it is all about and the need for money and then asks for contributions, not by passing the hat but asking how many will give say a thousand dollars apiece or maybe five hundred or anyhow a hundred first. And then gradually runs it down until he gets to five dollars.

I believe quite a lot of money could be raised this way after the meeting. You are the one to do this because you can state rather briefly what the work is all about and its needs and the sacrifice being made for it. You may not be used to this sort of thing but you could do it. We must try to get some money. You better call me up at the Belmont soon after my arrival.

With best wishes, | Very truly yours, | Clarence Darrow

MS: TLS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. INSIDE ADDRESS: Vivian Pierce, | 104 Fifth avenue | New York City.

TO JOSEPH S. LABADIE • CHICAGO • SUNDAY 26 FEBRUARY 1928

CLARENCE DARROW February 26, 1928.

My dear Labadie:

Glad you like the story in Plain Talk.107 I get a kick out of going after such damn bigots. If we don’t go after them there would be no living with them. There is always something that can be found fault with by them. I think we have to fight.

Sorry to hear that you have been laid up. With best wishes, I am

Your friend, | Clarence Darrow

MS: TLS, MiU, Labadie Collection. INSIDE ADDRESS: Mr. Joseph Labadie, | Detroit, Mich.

TO FRANK WALSH • ST. PETERSBURG, FLORIDA • SATURDAY 24 MARCH 1928

PRINCESS MARTHA March 24, 1928

My dear Mr. Walsh:

I just wired you but think I better write more fully. The matter you propose has its allurements.¹⁰⁸ I would be glad, if it would do any good to the movement that interests you and me so intensely. The money, too, is not without its attraction. Still, I hesitate to do it. I am afraid it would come to a very crass noteriety that would cause me a considerable amount of pain. A picture of this sort would cost a considerable amount of money. I could not expect anyone would undertake it except for the money to be made out of it. It would cover bill-boards with advertising matter that would embarrass me and my friends. It would be subject to all sorts of interpretations, and I am afraid of it.

I wish you would thoroughly consider all of this, and if it is to be done, see just what kind of provisions could be made for a dignified presentation of the matter. I do not expect there can be a great deal of idealism in it. I cannot expect men to pay in large amounts of money without the hope of large profits in return. I am afraid the scenario would not be what you or I would like. It would make all kinds of appeals which would disturb, if not disgust us. I could not think of it without knowing just what was to be said in the scenario, and just how it would be advertised, and just what I was expected to do; and then we could try to see whether it could all be brought about in a dignified way. This would involve a conference which I might have with you and the others in Chicago or New York (preferably in Chicago) around the middle of April. Anyhow, I would not want to be committed to the matter until I knew, to the smallest detail, what it would involve.

I know you are as sensitive as I, and am prepared to let you take up the preliminary matters and then we can check up and confer.

I want to convey to your son how much I admire the course he has taken and what he has been through. It has been a tough job for a young man, but I think he will always look back to it with satisfaction. I do not know another young man who would have carried himself so well.109

With kindest wishes to both of you, I am, as always,

Your friend, | Clarence Darrow

MS: TLS, NN, Walsh Papers, Box 15. INSIDE ADDRESS: Hon. Frank P. Walsh | Jefferson Hotel | KANSAS CITY MO.

TO JAMES WELDON JOHNSON • CHICAGO • TUESDAY 17 APRIL 1928

CLARENCE DARROW April 17, 1928.

My dear Johnson:

When I was in Florida someone sent me a newspaper report from Washington which contained a resolution of the colored preachers that I was not to speak at any of their churches when I came there.¹¹⁰ Somehow, I do not find fault with it. I do not blame them for feeling that my talks, which always slam the preachers, generally do not exactly fit a temple of god. The only excuse I could see for their having me in a church is that you have often told me that a large part of the money for paying for churches was given on the theory that they really did use their places for halls, at least you said something like this, and something like this is probably true. If they take the money for that purpose, it seems to me they ought to admit a fellow like me whom they know is speaking for the negroes, and if they feel they cannot, why it ought to be understood when they raise money.

However, I had no feeling about the matter. I have promised to go to Washington and am also going to Springfield. I have heard from Washington since but no information as to where I am to speak. I have been embarrassed several times in speaking in halls for the negroes by having some damn fool preacher start the thing off with a prayer and close with a benediction. I don’t have this even among white christians who are bad enough, if I am speaking in their churches. I can see some point in conforming and would not raise the question, but I wish you would tell them that when I speak in a hall I don’t want them to do it. I am not interested in God and he is not interested in the colored people. I don’t think they ought to impose it on me.

Mind, this does not go as to the churches but tell them that if a meeting is held in a hall that I resent it. I don’t believe in their forcing themselves on a fellow like me and shall be apt to say something about it in my remarks if it is done.111

I expect to be in New York in the forenoon of the 23rd and also a part of the time at least on the 24th and 25th. With all good wishes, to yourself and wife, I am as ever

Your friend, | Clarence Darrow

MS: TLS, DLC-MSS, NAACP Administrative Files. INSIDE ADDRESS: Mr. James Weldon Johnson, | c/o N.A.A.C.P., | 69—5th Avenue, | New York City.

TO BLANCHE DARROW CHASE • NEW YORK CITY • MONDAY 23 APRIL 1928

HOTEL BELMONT April 23rd

Dear Little Blanche

Just got in this morning and thought I would rite you a nice letter. I hope you are having a good time, and not picking on deer Mery¹¹² two much. It may be that Mery is healthier than you are and possibly Jesie¹¹³ is prettier. But don’t think that health or beauty is every thing. Helthy people can get sick and butie is only skin deap and sometime Jessie might be skinned and then where would she be. Even if you get sick or skinned you are good and that will be left, but see what would happen to them other kids if they got sick or skinned. I really think that you take after me morn either of the other kids. I never cared so much about buty or helth but I like to be good. I suppose you have been to Holly-would before now and probably Mary has followed off some of them sloppy movie actresses, that she bies the pictures of. They ain’t so much, they just get drest up to get their pictures took to send to foolish girls and men. You ought to see them in the morning when they ware kumonos and dressing gowns and don’t look so nice.

I am counting on meating you in N.Y. and going to Mount Vernon where Geo Washington grew up and got to be the father of his country and Gettesburg and Boston, and New Orleans, and Montreall and Quebeck and Kinsman and all them other fine cities.

Well I must cloze.

With lots of luv | Your Grand dad | C.S.D.

I spose you stil want to get back to Evans & Nun114 and that other dump that I can’t think of the name of.

MS: ALS, Darrow Family. DATE: “(1928)” appended.

TO JOSEPH ISHILL • CHICAGO • THURSDAY 7 JUNE 1928

CLARENCE DARROW June 7, 1928.

Dear Sir:

For many years I have been an ardent admirer of Havelock Ellis and his work. As a young man he began his great work of teaching the facts about sex. Every line of his work has been serious, thoughtful, honest and brave. During a long life he has worked on what seemed a hopeless task. He has never been swerved from his cause by criticism, jibes, ridicule or the law. If I were an optimist, I should believe that the world would someday pay homage to his learning, bravery and devotion.¹¹⁵

Yours truly, | Clarence Darrow

MS: TLS, MH-H. INSIDE ADDRESS: Mr. Joseph Ishill, | The Oriole Press, | Berkeley Heights, N.J.

TO C. RUSSELL PREWITT • CHICAGO • SATURDAY 9 JUNE 1928

CLARENCE DARROW June 9, 1928.

Dear Mr. Prewitt:

I was very glad to receive your letter. Without attempting to answer it, I am writing this in reply. You state that my position in regard to the Christian church is not correct in 1928 but would apply to the middle ages, still in the same letter you tell of your troubles within your group and your experience on account of being a progressive minister, and about how hopelessly conservative the ordinary minister is. Don’t you think these two statements are in conflict? It seems to me that you confess my position by your letter. I believe I know what Christianity means today. It means the old story of the creation of man, the temptation and fall on account of the terrible sin of eating from the tree of knowledge; it means the serpent speaking in Hebrew to Eve; it means that unborn generations of women were condemned to bring forth children in pain and anguish, all on account of this terrible sin; it means the flood and the whale and all the rest of it; it means that Jesus was born of a virgin, and that on account of his terrible sacrifice those who do not know better can accept the myths and keep out of hell and get into heaven, although it does not seem to provide that woman shall not still suffer in childbirth but to indicate that the Lord overlooked a point.

I know that you and Fosdick and a considerable group of intelligent ministers do not believe these stories. I believe your group is growing but not so rapidly as I wish. I do not believe that you are Christians although Fosdick manages to work in a good deal of nonsense together with many excellent statements.

I know the Apostles Creed and the Westminster Catechism and the creeds of most of the churches state Christianity as I stated it. Am I to take your definition of Christianity against the whole Christian world? Of course, I am for you, Fosdick and the rest of them as against the fundamentalists, but it is impossible for me to see how you can accept and practice what is called Christianity, without accepting it all. You can accept what, for lack of a better word, we call the moral precepts but this is no more Christian than Pagan. In my opinion Marcus Aurelius was way ahead of any Christian conception of life. Then, of course, nobody knows anything about Jesus, whether he ever lived or what he said. There are not over ten lines that by any process of reasoning or evidence could be attributed to Jesus and I have just been sent a book by Dr. Clark of Harvard who holds that St. Paul was the first Christian.116 I know, of course that some of his letters came before the gospels. Clark says that Paul was the founder of Christianity and the disciples’ stories were written to fit the doctrines Paul announced. I have not carefully read the book and perhaps my judgment would not be good even if I did, but I am satisfied that no man who ever lived has had a copyright upon what may be said to be the chief, moral doctrines of the world. These most likely imply imagination which carries with it kindness, with the determination not to judge, and perhaps some other things whose origin would probably go back almost to primitive man. It does seem to me that you people who are claiming to be Christians and religious ought to make some statement that is definite and specific as to what you mean by religion and what you mean by Christianity. Perhaps this has been done but if so it has escaped my notice. I have no doubt that some definition of religion could be made which would include men of my opinions, but, all the same, the overwhelming mass of Christians believe in an inspired Bible, not in the sense that Marcus Aurelius was inspired, but as a special gift of God to man to guide their conduct. They believe that Jesus had no father; they believe in a personal God and I see no chance to believe in a God unless it is a personal God; they believe that man, unlike every other form of life is immortal. I do not object to changing dictionary definitions but I do object to men using ambiguous words, of taking a word with a well known definition as accepted by the public, and claiming some other definition for the word without stating the matter clearly.

How am I to determine whether you are a Christian or John Roach Stratton,117 or whether Dr. Case is a Christian, or Riley¹¹⁸ of Minneapolis? It is not up to me to settle it. I know who has the most followers. I know that even the liberal ministers are today not raising their voices against the fundamentalists who literally believe in the cardinal tenets of Christianity as contained in the Westminster Catechism and the Apostles Creed which are about the most immoral, impossible and degrading beliefs that have ever been given to man. As to the freedom of the will, it is too long a subject to discuss in a letter. I doubt if any scientific man any longer believes in it. It is a purely religious doctrine. As Neitszche said, it was invented to give God an excuse for damning man.

I am unable to see how you can ask me the question why I was interested in getting my grand daughter in Smith College. I certainly explained this thoroughly in my talk, but evidently you did not agree with me or did not get it. If I believed in free will I would not be interested because I would know that whatever her education she would act under her free will. I believe in education because I believe that knowledge opens up more avenues for enjoyment and also teaches the things to avoid. One does not choose some avenue of pleasure and avoid some avenue of pain because they have free will, but because they balance them up and decide according to their weight in their own mind.

I can hardly imagine you could have thought I said anything for effect excepting perhaps in the way it was put. It has been a long time since I have said anything that I did not believe in a public meeting. I have sense enough to know what it means to fight the mob. I have done it all my life. I do it because I cannot do anything else. I would not be happy if I did.

I think I said something about the law. Perhaps my humor was either too coarse or too subtle for you to get it. I think the preachers are as honest as the lawyers, which is not saying much for them. I think that there is more injustice in the administration of law than you can find most anywhere else in the world; in fact, man does not know the meaning of the word justice, too many things are involved and it would be utterly absurd for you to judge me or for me to judge you. It requires a knowledge of many things, that even the subject knows nothing about.

However, having said all this I am very much pleased with your letter. I was very glad you took the pains to write me. I am willing to believe that you want to be right which is more than most of us do. I have not read Dr. Ayers’ book119 although I have it and shall do it, but from others who have read it, I think he must be as far from being a Christian as I am, myself. You speak of Dr. Case. I wonder if you have read anything of his but his Life of Jesus? This is, I think, an exceedingly good work but he has discussed Christianity from all standpoints. For instance his book on the Social Origins of Christianity and the Historicity of Jesus are very valuable books.¹²⁰ I have read all of the books he has written and I do not believe that he would agree with you on free will, and I doubt if I would disagree with him in anything he says or has written excepting possibly I might be more pessimistic than he is. However, Dr. Case is a thorough scientist in the treatment of his subjects, he never uses a word that has not a fairly definite meaning. I doubt if you would find the word “God” or “soul” in any of his books. If you are familiar with him and will call my attention to anything he has said that is in conflict with what I have said, I would be very glad to examine it and would guess in advance that he was right.

I would enjoy having a good visit with you. I will probably be in Northampton again. If I do you will see me. If you should ever come to Chicago, you would be very welcome at my home. With kind regards, I am

Very truly yours, | Clarence Darrow

MS: TLS, location of original unknown (copy in editor’s files). INSIDE ADDRESS: Rev. C. Russell Prewitt, | First Methodist Church, | Northampton, Mass.

TO C. RUSSELL PREWITT • CHICAGO • SATURDAY 23 JUNE 1928

CLARENCE DARROW June 23, 1928.

My dear Mr. Prewitt:

Your letter was duly received and I have read it carefully. I am afraid it does not pay us to discuss the questions that have grown out of our correspondence.

Your definitions of religion and Christianity and all the rest are so changeable and unique that one does not know where he stands. In the last letter you said: “I regard religion as the attitude of mind we assume toward ‘all’ the facts in the universe”. If this is a correct definition of the word religion then all the dictionaries ought to be called in and burned. Your statement that both the scientist and the religionist walk by faith is, I believe, without justification in fact. Another definition which shows the uncertainty of discussing with one who makes the dictionary over anew, is as follows: “The data of religion consist in any discovery of beauty, whether it is the beauty of art, mind, or body, either intrinsic or extrinsic”.

Likewise: “It” (I suppose you mean religion) “consists in the practice of goodness, in the love of truth, wherein we enter into that larger freedom and thus make the startling discovery that truths defend us, rather than vice versa”. I tried to find out what that meant but can not. If this is a definition of religion, then it cannot be discussed. Again you say: “Religion consists in the experience of love”. I wonder if Christians have any patent on any such experience?

You say also that “when reason no longer walks by sight it walks by faith”. Well, I suppose that would sound good in a sermon, but it does not to me. Aren’t you obscessed of the word Jesus? Who was he, anyhow, and why do you have to spend so much time thinking about him and talking about him? He was certainly one of the lesser people of the earth so far as we are able to find out anything about what he said or thought, which is almost nothing. He is credited with saying some good things but also saying “he that believieth not shall be damned”, or words to that effect. However, this was after he had been resurected and he might not have been quite responsible.

You told me that the soul psychology is coming back. Coming back from where and to whom? I am still of the opinion that no scientist ever uses the word when he is discussing any problem and wants to be understood. I do not know why the virgin birth was not spoken of by Matthew. The four disciples wrote at different times, probably without having been acquainted. Probably Mark is the oldest and the others were taken largely from his, and, perhaps there is a manuscript still older that has been lost. But, why fuss about it all? It is important simply because people make it important. The reason anybody like Fosdick wastes his time talking about Jesus is not because he sees anything in Jesus any more than in any other person but because he inherits the tradition that Jesus was born of a virgin, that he came here to appease his God who was his father or uncle or something like that, so that men would not be obliged to go to hell because Adam ate the apple. You do not believe that and neither does Fosdick, but it travelled across from Rome, was adopted by Constantine and became the religion of Western Europe and was imported into America and our whole literature is so filled with it that intelligent men try to warp truth and science and philosophy to correspond with the word of an individual that they know nothing whatever about.

I think you at least said one thing in your letter that is true. If the people got over this religion they would get another one. I think they would. If you cut all the weeds out of a garden some others will grow. But that furnishes me no excuse for harboring weeds.

Judge Kavanagh121 is about like the other judges and the people in general, on the subject of crime. He has never made any scientific examination of it but he believes like you, in free will, and supposes a man is responsible because he got born. I think if you still have my letter you will find I referred to Neitszche’s statement wherein I told you he agreed with you, that the question about Christianity was not whether Christ lived but whether his religion was good.

I would be the last one to quote very much from Neitszche although if we did not quote crazy men we probably would have little to quote. Men are crazy or sane in spots and at times. Neitszche was certainly a brilliant man.

When you say to read Genesis in terms of poetry, I suppose you mean the first and second chapter, certainly not all of it. What is the use of talking about Christ’s being divine if his divinity is like that of every other person’s?

In looking through your letter here is another one which may be the fault of the typing: “When God as an intellectual concept is subsidized by the personal experience of God in the sense of love, then and only then can personal religion be born.” I do not know what that means and I do not care. There is no reason why one cannot use simple and ordinary expressions when he wants to convey real ideas.

I must say that I wish you would approach this question as you would any other because you certainly have too good a mind and equipment, in my opinion, to go to waste on metaphysics. With best wishes, I am

Your friend, Clarence Darrow.

MS: TLS, location of original unknown (copy in editor’s files). INSIDE ADDRESS: Rev. C. Russell Prewitt, | c/o First Methodist Episcopal Church, | Northampton, Massachusetts.

TO T. PERCEVAL GERSON • CHICAGO • SATURDAY 23 JUNE 1928

CLARENCE DARROW June 23, 1928.

My dear Mr. Guerson:

Your good letter received and some of these times I will write you in reply. Just now I want to call your attention specially to the meeting of the National Association for the Advancement of Colored People which is now being held in Los Angeles. I have told some of my friends that I wanted them to see you. I wish you would find Dr. Du Bois who is a wonderful man and also James Weldon Johnson who has done some fine literary work and Arthur Spenga122 who has done a great deal for the organization although he is not a negro. They will introduce you to any others you want to meet and I am sure you will think a great deal of these people.

Your friend, always, | Clarence Darrow.

MS: TLS, CLU-SC, Theodore Perceval Gerson Papers (Collection 724). PLACE: letterhead. INSIDE ADDRESS: Dr. Persival Guerson, | Roosevelt Hotel, | Hollywood, California.

TO OSWALD GARRISON VILLARD • CHICAGO • MONDAY 25 JUNE 1928

CLARENCE DARROW Personal June 25, 1928.

My dear Mr. Villard:

Yesterday a story came to me from a business man who is thoroughly reliable. He told me that Curtis the nominee for vice president has a son who is practicing law in Chicago, and that some time ago this son had been employed by Sinclair.¹²³ Of course, I know nothing about the facts and my informant did not want to be known in the matter. He and all his friends are Republicans and he is a business man who is well known. I feel confident, however, that he knew what he was talking about.

This matter is important if it is true, and I should say it ought to be investigated. Offhand, my idea would be unless you can handle it yourself the World should send a reporter to the young man and ask him whether the statement is true. After that it could be investigated.

Of course, as I say, I am giving it to you as it comes to me. I did not even know that Curtis had a son practicing law in Chicago but I could verify it, however, if I tried.

With kind regards, I am | Very truly yours, | Clarence Darrow

P.S. I prefer not to be known in this matter as it is all hearsay to me. That does not mean that I would not give any assistance I could to investigate it.¹²⁴

CD

MS: TLS, MH-H. INSIDE ADDRESS: Mr. Oswald Garrison Villard, | c/o The Nation, | 39 Vesey street, New York City.

TO BRAND WHITLOCK • CHICAGO • WEDNESDAY 4 JULY 1928

CLARENCE DARROW July 4, 1928.

My dear Brand:

I have been intending to write you ever since I got back but as you know I never do anything I ought to do. We had a fine time visiting you last summer, and wish we might see you again. I read your story, Transplanted, which you sent to me, and I thought it was an excellent piece of work.125 I always meant to write something about it, but I just didn’t do it. Since then I have received your Big Matt which I think is one of the best things you ever did.¹²⁶ I took it up one evening and got through reading it after midnight and then wrote a review for the News, which was published with a good display.¹²⁷ I think you have received it, but if not, I will send you a copy. This book ought to sell and I believe it will.

I am thinking of going to southern Europe sometime this winter, probably around the holidays. Are you going to be at Cannes? If you are, we will try to come and settle somewhere in that neighborhood for a time. I will try not to be with you so much as to interfere with your work, but at the same time I would be glad to be somewhere near you. I have a little stuff of my own that I ought to do but probably will never complete it. At any rate, let me hear from you. With best wishes from both of us to you and Nell, your friend,

Clarence Darrow | 1537 East 60th street, | Chicago, Illinois.

MS: TLS, DLC-MSS, Whitlock Papers, Box 45. INSIDE ADDRESS: Hon. Brand Whitlock, | c/o American Embassy, | Brussells, Belgium.

TO JOHN T. FREDERICK • CHICAGO • WEDNESDAY 4 JULY 1928

CLARENCE DARROW July 4, 1928.

My dear Mr. Fredericks:

As today was the birthday of our glorious republic, I have stayed at home trying to clean up some work. I hadn’t got very far until I ran onto two copies of the Midland which you sent me long ago. These had been buried with such other periodicals as the Nation, the New Republic and other ungodly stuff. I had often thought of you since then and wondered where in the devil I had put the magazines. So, when I found them, I read them and enjoyed them very much indeed. I think the story, Effie, in the January-February number, is a bully piece of work. I wonder what the author is doing now?¹²⁸ It is certainly very promising. There are other good stories in the magazines which I will not stop to discuss, and of course, I enjoyed your book reviews and your other contributions.

As I indicated, I have often thought of you and the pleasant day I spent in your sleep town. I have lived so long in a big city that I am getting at that time of life when I feel that I would like to live in a sleepy town myself. Still it is just possible that I would have the longing to hear the street cars and elevated trains and to dodge automobiles for my life in our crowded thoroughfares. Habits are awfully strong and I presume that I will go a while on habit after everything else is lost. But, in a way, I sort of envy you in a scholar’s office, surrounded by books and magazines and not pestered by the things that are always coming to one who has lived the life that I have lived. When you are interrupted, it is usually by some school boy or school girl anxious to learn something although they forget it after it is learned.

I haven’t forgotten that I promised the Unitarian minister that I would come and speak for him. I am always thinking of promises that I have made which not only follow me from every appointment I keep but have tagged me up all through life, most of them broken, although they were made in good faith. However, this is one I mean to keep. If you will see him and tell him to put me down as soon as the scholars come back to the school, I will come and talk for him. I want him to charge as much as you think the traffic will bear and take the profit. I get my pay in seeing you and the rest of them, most of whose names I have forgotten, but I have not forgot the day nor the people.

I wonder whether I promised you something and didn’t make good? If so, send me a line and if there is anything I can do, I trust it will be done. Enclosed you will find a check for your magazine for a year. I know it will be worth the money but I am not sure what I will read it. My intentions are good enough but I am growing old and lazy. If nothing else is done, it will be piled up with the Nations and New Republics and sent to the hospitals where the patients can not do anything else but read.

It seems to me that if I lived as close to Chicago as Iowa City I would be drawn here once in a while. Don’t you ever come to buy paper or something? If you do, come and see me. Let me know long enough ahead so I will be here. I would like to have you come to my house.

With kind regards, I am

Your friend, | Clarence Darrow

MS: TLS, IaU, Frederick Papers. INSIDE ADDRESS: Mr. John T. Fredericks, | c/o University, | Iowa City, Iowa.

TO THOMAS J. MOONEY • CHICAGO • TUESDAY 24 JULY 1928

CLARENCE DARROW 1537 East 60th Street Chicago, Ill. | July 24, 1928.

My dear Mooney:

I hope you will excuse me for keeping your papers so long. I have been terribly tied up and only just had the opportunity to go through them.129

I am surprised to see how complete the case is. It is hard to imagine the Governor keeping you in prison after reading these documents. I would suggest this: I would cut out the report signed by William Wilson and others.130 It does not add anything to the other documents. I would also cut out the affidavit of Alfred H. Spink.¹³¹ The only purpose of this affidavit is to show that someone else might have done it, presumably some Germans who were interested in helping Germany in the war. While this may be true, it is simply a theory and in my mind has not enough force to overcome the position that it would cause many German citizens to take.

These papers are all sufficient without the two that I have noted. They ought to result in a release. However, there is something that is keeping you beyond what applies to the ordinary prisoner. When the judge, the state’s attorney, the police department and the jurors confess that they were mistaken and ask for your pardon, it ought to be enough.

I think this should be printed after leaving out the portions that I referred to. It ought to be placed in the hands of everyone in California so far as it can be done. It is not at all likely that the people understand the situation. I hardly know what they could get out in reply. I don’t see how they could do anything that could overcome a Judge and a State’s Attorney and the case made against Oxner.¹³² When it is printed I would put all of the jurors together. You can arrange it as you think best. I presume the question of money will cut some figure. Let me know what it will cost and I will see if I cannot raise the money here. It seems to me if the people hear this case they will demand your release.

Give my kindest regards to J.B.¹³³ I am still hoping that something can be done to help him before long.

Very truly yours, | Clarence Darrow

P.S. I will keep the papers unless you want me to return them.

MS: TLS, CU-BANC, Mooney Papers, Box 7. INSIDE ADDRESS: Mr. Tom Mooney, | San Quentin Penitentiary, | San Quentin, Calif.

TO HARRY ELMER BARNES • CHICAGO • THURSDAY 2 AUGUST 1928

CLARENCE DARROW Aug 2d.

My Dear Barnes

I am going to Woods Hole for a little vacation leaving here about Aug 10th. I wonder if you have been there and if you don’t want to go. It has been a long time since I have seen you. I think my son has decided to send the girl to Northampton and has written for catalogue of the preparatory school.134 That may make another excuse for coming up now and then. Any how I hope I may run in to you somewhere one of these days. I shall have a “piece” in October Forum on the great delusion which I am afraid will loose me a number of the friends I already have left.—¹³⁵

With kindest regards to you and Mrs. Barnes

Your friend | Clarence Darrow

MS: ALS, WyU-AH, Barnes Collection. DATE: reference to “piece” in Forum.

TO PAUL DARROW • CHICAGO • THURSDAY 2 AUGUST 1928

CLARENCE DARROW Aug 2d

Dear Paul

I have been looking at apartments in the vicinity that you want to locate. There are plenty of them. Good ones ranging from $100 to $200 per month, the latter are the better. You can get something very nice for 140 to 150. Any how it won’t be hard to find a place when you come. I have been looking for a location where a movie can be reached with not over two changes of elect. cars or three quarters of an hour in traveling. I think we can find it. Any how I shall be glad to see all of you again. Am going to take a trip to Woods hole starting about the 10th. Probably shall be gone two weeks.

Love to all | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1928?” appended and supported by reference to Woods Hole.

TO PAUL DARROW • CHICAGO • SATURDAY 4 AUGUST 1928

CLARENCE DARROW Aug 4

Dear Paul

On the 13th of Aug we are going East to Woods Hole for about ten days. On Sept 4th we are going to Yankton S. Dakota where I speak to the bar association & from there to the Black Hills for about ten days.136 Hadn’t you better try to get here late in August or Sept 1st at the latest so I can help you some about “choosing” an apartment. Let me know your idea on the subject soon as possible.

Hastily | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1928?” appended and supported by reference to trip to Woods Hole and South Dakota.

TO WALTER LIPPMANN • CHICAGO • WEDNESDAY 29 AUGUST 1928

CLARENCE DARROW August 29, 1928.

My dear Lipmann:

If you send over to the “Lord’s Day Alliance” for the series of tracts they are distributing to morons on the Sunday and other questions, and likewise get hold of the same series that are now running into the hundreds, issued from the “Methodist Vatican,” adjoining the Capitol Building in Washington, you will find two mines of good stuff.

The public ought to know what these fanatics are trying to do to curtail the liberties of the people in all directions. It would be interesting to many people to inform them about the pamphlets that have been issued from the Methodists on the dangers of dancing, the necessity of an old time Sunday, and everything else that goes to bring back the old Puritan days.

The World has done a great work in this campaign and I am quite certain you will find something here you would like to give attention to.

With best wishes, I am | Very truly yours, | Clarence Darrow

MS: TLS, CtY-BR, Lippmann Papers, Box 7, Folder 318. INSIDE ADDRESS: Mr. Walter Lipmann, | c/o New York World, | Editorial Department, | New York City, N.Y.

TO HARRY ELMER BARNES • CHICAGO • WEDNESDAY 29 AUGUST 1928

CLARENCE DARROW August 29, 1928.

My dear Dr. Barnes:

It is too bad that I did not see you in Northampton. That is one of the reasons I went there but I could not stay any longer. However, I will probably be back one of these days. I suggested your name to Stratford & Company for a history of punishment. I have just received a letter from them saying you are going to do the work. I am very glad of it.137

I brought back with me from England a book entitled “A History of Penal Methods,” with the sub-title, “Criminals, Witches, Lunatics”, written by George Ives, and published by Stanley Paul & Company, London.¹³⁸ The book shows every evidence of investigation and scholarship. It is well indexed and so forth, and contains some four hundred pages of reading matter. I met Mr. Ives when I was in London last fall. He is a typical student and his whole life seemed wrapped up in this subject. This book takes up every country and age. I have not read the book. It is one of several thousand that I am going to read when I get to it. However, I have looked into it considerably and know it is worth while. If you want it, I will send it to you. I have an idea that you can go through a book pretty fast and sort out what you want.

With best wishes, I am

Always, | Your friend | Clarence Darrow

It was nice of you to send those Methodist pamphlets on dancing and other horribles, but I don’t dance. I am going to send for the whole set and have something to say about them.¹³⁹

CSD.

MS: TLS, WyU-AH, Barnes Collection. INSIDE ADDRESS: Dr. Harry Elmer Barnes, | 108 Maynard Road, | Northampton, Mass.

TO JOHN H. DIETRICH • CHICAGO • SATURDAY 22 SEPTEMBER 1928

CLARENCE DARROW September Twenty-Two, Nineteen Hundred Twenty-Eight.

My dear Mr. Dietrich:

I was very glad to meet you and get so well acquainted. You do not need to bother about giving me any evidence on your view of evolution; after my talk with you, I am sure we agree on this subject. The word evolution has become so mixed up with the idea of progress that it is very common to hear the statement that the world is growing better through evolution, but I know you could not take it that way after what you told me of your views. Of course, determining what is better and what is worse, is not easy, but if it is growing better there must be a God inside of matter instead of outside, but it all comes to the same thing. It means purpose, and nobody can read this into the universe. I would be glad to get the book and will read it with interest.140

Sincerely, your friend, | Clarence Darrow

MS: TLS, MnHi, Dietrich Papers. INSIDE ADDRESS: Rev. John H. Dietrich, | 1506 Harmon Place, | Minneapolis, Minn.

TO NATHAN LEOPOLD • CHICAGO • WEDNESDAY 3 OCTOBER 1928

CLARENCE DARROW October 3, 1928.

Dear Nathan:

I have expected to come and see you long before now but I am awfully lazy and quite busy and then I am not as ambitious as I once was. You can guess the reason. I often think of you and especially when the people got a brain storm lately over the deep laid plans to procure your freedom. It is strange the satisfaction people get over tormenting someone. The rest of the animal kingdom do not indulge in these pleasing past-times which shows, of course, that man is the apex of creation. But, the apex is not very high. I saw your interview and Dick’s and thought they both were very good.¹⁴¹ I don’t know how anybody else feels about it, but I shall always cling to the idea that sometime you will be out but it will not be very near, still, at that, you have a longer time to live outside than I have. I don’t know whether it is a consolation to you; it is to most people, especially the shortness of my time. Of course, we all learn to adjust ourselves in this world no matter what the circumstances are, and I presume that you are doing it fairly well, and automatically, if no other way. You know I am no preacher or moralist. I don’t know what the Devil to say to make life any easier to you or to any other person. Anyhow, I think of you often and would be glad to help you. I am going to be quite busy in this campaign but when I get through I shall make you a visit.¹⁴²

Always, your friend, | Clarence Darrow

MS: TLS, IEN, Leopold-Loeb Collection, Box 39, Folder 21. INSIDE ADDRESS: Nathan Leopold, | 1900 Collins street, | Joliet, Ill.

TO THOMAS J. MOONEY • CHICAGO • WEDNESDAY 3 OCTOBER 1928

CLARENCE DARROW October 3, 1928.

Dear Tom:

I have been out of town a great deal lately and was not here when your letter came, which is the reason for my not answering it sooner. My own opinion in this matter is that so long as your case has been presented to the Governor it might be best not to get out any literature until his decision is delivered. Someone there who knows the situation ought to be able to judge better than I can. He might resent the idea of going to the people while it was under his consideration. I had thought, as I wrote you before receiving your telegram, that this was your plan.143

I am going to New York next week and shall see Frank Walsh and get his opinion on it and write you from there and also take up there the question of raising the money for publication and circularization of your statement. I don’t know how I shall succeed but I think I can get some money in the east. I know that I will make a substantial contribution whether I get anybody else or not, but I am very anxious to help you all I can. Suppose you write a letter to Mr. Walsh regarding it so there will be no danger of our not taking it up. You can address him at the Fifth Avenue Hotel, New York City.

With best wishes, I am | Your friend, | Clarence Darrow

MS: TLS, CU-BANC, Mooney Papers, Box 7. PLACE: implied. LETTER ADDRESS: Mr. Tom Mooney, | San Quentin, Calif.

TO GEORGE W. OAKES • CHICAGO • WEDNESDAY 3 OCTOBER 1928

CLARENCE DARROW October 3, 1928.

Dear Mr. Oakes:

I hardly know what to say about your letter. I have always enjoyed my visits to Princeton and shall be glad to come again. Still, it is hard for me to make dates. I am seventy-one years old and not in very good health, still as good as I could expect for an antediluvian. My time is pretty fully taken up, but in spite of these excuses I am inclined to think I will make it some way.

I assume from your letter you would want me in the evening. If I were doing as I would like I would do it in connection with other engagements in the east but matters have not sufficiently cleared up for me to know just when this would be the handiest. I shall be in New York City for about two weeks, arriving around the 12th or 13th and will be at the Belmont Hotel. From there I shall probably speak every night in Pennsylvania, New York, New Jersey, and perhaps Massachusetts. I am engaging in the laudable occupation of trying to help convince the American people to elect a Catholic and a Wet as the next President of the United States.

Suppose you write me a letter addressed to the Belmont Hotel around the 15th. It is just possible I could fix a date. I don’t imagine I could do it on this visit, as I presume every evening will be taken, but anyhow, I enjoy speaking to the young college boys; they, at least, know what you are talking about and are interested. Of course, they will probably get over it later, but the speaker gets a kick out of it, and then I like boys, anyhow. One of my Pennsylvania dates may be in Philadelphia, so I could drop in and have a visit with you at least. I have been thinking of making a few talks this year on “Looking Life in the Face.” This ought to be easier for young people than older ones because death seems so far off.

With best wishes, I am

Very truly yours, | Clarence Darrow

MS: TLS, location of original unknown (copy in editor’s files). INSIDE ADDRESS: George W. Oakes Jr., | 733 Pyne Hall, | Princeton University, | Princeton, N.J.

TO H.L. MENCKEN • CHICAGO • SUNDAY 7 OCTOBER 1928

CLARENCE DARROW October 7, 1928.

My dear Mr. Mencken:

I am enclosing a copy of a letter that I sent to Mr. King, which will be self-explanatory. I am going to be in New York between the 12th and 16th and perhaps a week or ten days. I am going to make talks for Al Smith. I am glad you are going into it too. The United States has reached a hell of a pass when they would elect Hoover rather than Smith. I think Smith is a little too cultured for the job. The kind you suggest is what we ought to have, and perhaps would be better at that.

I have running in my head a story which I shall call “The Confessions of a Near Patriot.” It is in reference to the war and the hysteria of the day. I must admit that I was a near patriot and this little story will be rather biographical. I am going to show it to you when I finish it. If it looks like the thing you want you shall have it.144

I will call you up as soon as I get to New York.

With best wishes, | Your friend, | Clarence Darrow

MS: TLS, NN, Mencken Papers. INSIDE ADDRESS: Mr. Henry L. Mencken, | c/o American Mercury, | 730—5th avenue, | New York City, N.Y.

TO JOHN F. KING • CHICAGO • SUNDAY 7 OCTOBER 1928

October 7, 1928.

Dear Mr. King:

A few days ago I received a copy of your letter. Your case ought to be fairly easy to determine. If you will send a copy of the opinion of the Attorney-General and a statement of the facts and anything there that you have in reference to it, to Arthur Garfield Hays, attorney at law, 43 Exchange Place, New York City, or rather to me in his care, I will be in New York about the 13th or 14th of the month and will see what can be done.

As to compensation, I would not like to take the small savings of the unfortunate people who are in prison. If I make up my mind that I can win it, I will make no charge whatever for my services.

I would like to have Mr. Hays with me and he may think we may need to spend a little money for some one in his or some other office to brief the case but this would not be very much.

Very truly yours,145

MS: TLc, NN, Mencken Papers. INSIDE ADDRESS: Mr. John F. King, | c/o State Prison, | Tranton, N.J.

TO HARRY ELMER BARNES • CHICAGO • SATURDAY 10 NOVEMBER 1928

CLARENCE DARROW November 10, 1928.

My dear Doctor Barnes:

I hope you will not be too disappointed over the election. I have been with the losers so long on every question that it never bothers me.¹⁴⁶ I am going to take up your last book, which I know will be interesting.¹⁴⁷

I wonder if you are going to New York much this winter? I expect to be down there sometime early in January or possibly in December. If you know about when your dates will be, I might try to make it convenient to go at that time.

I shall be glad to see you again. With all good wishes, I am

Your friend, | Clarence Darrow

MS: TLS, WyU-AH, Barnes Collection. INSIDE ADDRESS: Dr. Harry Elmer Barnes, | 108 Mainard Road, | Northampton, Mass.

TO D.C. STEPHENSON • CHICAGO • SATURDAY 10 NOVEMBER 1928

CLARENCE DARROW November 10, 1928

Dear Mr. Stephenson

It is rather difficult for me to get down there at present. I wonder if there is not someone who knows the facts that could come to see me? If not, I will try to come and see you about it before long. While I have not believed in the Klan, I think that the conviction was absolutely wrong.148

Very truly yours, | Clarence Darrow

MS: TT, In, Stephenson Papers. INSIDE ADDRESS: Mr. D.C. Stephenson | P.O. Box 41 | Michigan City, Indiana. NOTE: At the top of the letter transcript is typed: “Copy made November 12, 1928 MIM.”

TO HELEN KELLER • CHICAGO • SATURDAY 1 DECEMBER 1928

CLARENCE DARROW December 1, 1928.

My dear Miss Keller:

I would have answered your letter long ago excepting that I have been away. I appreciate being put on the board or acting in any capacity with you in the work. The only objection I have is seeing the name of Hon. Calvin Coolidge above mine, but when I remember that you probably object to it as much as I do, I do not mind.¹⁴⁹ Amongst the others, I see some who mean little to me excepting money but you need the money and you have to get it where it is, if possible. You can forward the enclosed to the office. It would not do for them to know what I think of all of them.

I often remember my pleasant afternoon with you and in spite of the fact that you are so far out of the world, I am coming again.

With all good wishes, I am

Your friend, | Clarence Darrow

MS: TLS, NNAF, Helen Keller Archives. INSIDE ADDRESS: Miss Helen Keller, | 93 Seminole avenue, | Forest Hills, N.Y.

TO VIVIAN PIERCE • CHICAGO • SATURDAY 1 DECEMBER 1928

CLARENCE DARROW December 1, 1928.

Dear Vivian:

Replying to your letter of November 26th, I would say if you don’t know what else to do, you can make me chairman. Of course, I don’t want it, for I don’t like responsibility or work, and I will probably not do either, anyhow, but I am very much interested and glad to do whatever I can.150

I don’t know whether I wrote you before, but I have been thinking what we should do is to get up a list of well authenticated murder cases where the wrong man has been convicted. I don’t know just how to get at it, but I do know some cases myself. Such a list would have to be well verified.

Yours truly, | Clarence Darrow

MS: TLS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. INSIDE ADDRESS: Miss Vivian Pierce, | 104—5th avenue | New York City, N.Y.

TO GEORGE W. OAKES • CHICAGO • THURSDAY 13 DECEMBER 1928

CLARENCE DARROW Dec. 13

My Dear Mr. Oakes

I always think of you and your club when I am in the east and want to go and see you again. So far I haven’t been able to do it. Don’t like to ask for money from you for I know that most of you have none to spare and if you had I think you should spend it on first—ball, automobiles &c. &c. I am inclined to think that pleasure is the most important thing in life and there are more things you can get at your age than mine. Of course as this might be shown to a preacher or fundamentalist professor I must add that every thing should be taken in moderation and with care, and fortunately the young don’t need to be urged not to over look the main things in life. I don’t know what connection all this has with the real answer. I am to debate with Mr. Lothrop Stoddard on the Supreme importance of the Nordic over all other life at Wilmington, Del. on Jan 23rd.¹⁵¹ I wonder if you could take the 22 or 24th. I would even make it the 20 or 21 because I really want to go. What do you want me to talk about at the dinner & will there be other speakers? Of course I can talk about any thing, whether what I shall say will be worth while is an other question—

With best wishes | Clarence Darrow

MS: ALS, location of original unknown (copy in editor’s files). DATE: reference to debate with Stoddard.

TO LINCOLN STEFFENS • CHICAGO • FRIDAY 28 DECEMBER 1928

CLARENCE DARROW December 28, 1928.

Dear Lincoln:

I wonder where you got the story of the Cleveland judge who sentenced two people to prison for three years for practicing birth control. It is a good illustration of history making. Judge Harrison Ewing of Cleveland is an oldtime friend of mine and a very intelligent, progressive man. A divorce case was pending in his court where two people were getting about twenty-four dollars a week and had three children in about as long a time as it took to get them. He made no order whatever about birth control, but what he said was that people with the slender income they had should learn to practice birth control. I don’t know what this story will do after a while. It now seems to be that the people were sent to the penitentiary for three years because they practiced it, when in fact the judge is entirely on the other side of the question. If you look carefully at what you said of Father Ryan’s interview, you will see that he understood the case as it was; his objection to the judge’s remark was because he advised birth control, and his interest in bettering the economic condition was somewhat due to speak moderately of the ordinary Catholic antagonism to birth control.152

I am not sending this for the purpose of getting you to publish it or even to make a corrected statement. One never can catch up with things, anyhow.

It was a great disappointment to me to miss you the last time you were through. I cannot realize you were here and that we had such a short opportunity to visit. I hope we will have a chance again before long.

With good wishes always to you and to Peter and little Pete.¹⁵³

Your friend, | Clarence Darrow.

MS: TLS, NNC, Steffens Papers. INSIDE ADDRESS: Mr. Lincoln Steffens, | Carmel, | Calif.

TO VIVIAN PIERCE • CHICAGO • TUESDAY 29 JANUARY 1929

CLARENCE DARROW Jan. 29

My Dear Vivian

It is a long way to N.Y. and I don’t want to go. Then, too, I have nothing new to say on the subject.154 An organization has asked me to speak in N.Y. in February at a dinner given in commemoration of Voltaire, which I promised to attend. The man who is getting this up is an infidel named Lewis.¹⁵⁵ Arthur Garfield Hayes knows him and has his address. If you will get him at once and fix the two meetings for consecutive nights not more than one day between I will come. Of course I want to help you & the cause, but really I am afraid I won’t draw in N.Y. on this subject.

Best wishes always | Clarence S. Darrow.

MS: ALS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91. PLACE: no reason to doubt.

TO JOHN MACRAE • CHICAGO • SATURDAY 2 FEBRUARY 1929

CLARENCE DARROW February 2, 1929.

Dear Mr. Macrae:

Thank you very much for the beautiful copy of the Ballad of Reading Gaol.¹⁵⁶ I just received it today. It is a fine piece of work. I am glad to know what you say about your reactions toward what we call glibly the criminal. I have always been against the orthodox treatment of the unfortunate and especially against capital punishment. I don’t know whether you have ever seen any of my stuff on the subject. If you have not and care to, I will send you some.

I think I ought to call your attention to the fact that the first edition of Oscar Wilde ever printed in this country was printed by Tucker of Boston.¹⁵⁷ He used to run an anarchist weekly paper. I had read the book in an English edition and I told Tucker if he would get it out I would pay for it, which I did. He got out a very nice edition. Since then, of course, there have been many published, most of which I think I have. It is a wonderful piece of work.

You are quite right in considering what great things could come from what society believes a poluted source. I have seen hundreds of so-called criminals and known many of them very well, and have found instances of greatness and goodness amongst them that you never could find amongst the rich good. I would guess that the common idea that you refer to, about the horrible crime of homosexuality, has been pretty well knocked to pieces. I think it is universally regarded by intelligent men as pathological today. Of course, the Courts treat it as a crime, but you cannot expect much from Courts. They only read law books and the older they are, the better.

With best wishes, and thanks, I am

Very truly yours, | Clarence Darrow

MS: TLS, NsyU, E.P. Dutton & Company, Inc. Records. INSIDE ADDRESS: Mr. John Macrae, | 286 Fourth avenue, | c/o E.P. Dutton & Co., Inc., | New York City, N.Y.

TO HELEN KELLER • CHICAGO • THURSDAY 21 MARCH 1929

DARROW, SMITH, CRONSON & SMITH March 21st 1929

My Dear Helen Keller

Our good friend Edna Porter158 wrote me that she received a letter from you in which you suggested that I probably consented to be a member of the Association for the blind on your account and not through any interest in the other blind, which really includes almost all the people in the world. There are so many ways of being blind. The main difference between the physically blind and the mentally blind is that the physically blind would like to see, while the mentally blind prefer to stay blind. The mentally blind prefer not to see because it would make them unhappy, the same reason should make the physically blind contended with their lot. But that is an other story: No one can tell just why they do any thing unless it is rising suddenly when one sits on a pin. Of course I would have done it for you, not only that but almost any thing else. I could even strike out the almost. But I would rather you should not think it was the only reason. For many years I was one of the directors of “The Industrial home for the blind” in Illinois.¹⁵⁹ I gave of a good deal of time, for no salary and no graft but why did I do that? It was because I was once a close friend of a beautiful and inteligent woman (Miss Hyman)¹⁶⁰ of Chicago. I used to go to her home and read to her and take her to art gallerys and tell her about the pictures, take her to the lake, and the parks and I always enjoyed being with her. She died a few years ago. I liked all the residents of the home. The board of directors were once greatly shocked to learn that one of the girls was in the way of having a child. They met in special session to consider where to send her. I made a fight to keep her where she was, and finally won. I was indignant that all pleasure should be denied the blind. I even argued that one who saw too much could get no comfort out of life. To get back to the girl, (Miss Hyman) she too was on the board and of course stood with me. I was interested in her at first because I was sorry for her, but I learned that she had so many things to do that she was as happy as I or any one else. I know that you have more handicaps than that poor girl (now dead). I stayed away from you for many years after I wanted to see you because I was sorry for you and did not want to give myself pain by seeing you. But my visit has taken all of that away. I do not pitty you any more. I found that your life was so full in helping others and trying to make the blind world see, that I almost envied you. I wonder if you ever read Tolstoi’s Master & Man.161 If not I would like to send it to you. That and life has taught me that the greatest joy comes in trying to help some one else. I have lived up to it the best I could but am always sluffing. My visit to you did me lots of good and has brought me happiness. So much that when I am in N.Y. again I will go and see you. Please remember me to Miss Sullivan¹⁶² whom I am sure is happy too.

With all good wishes and affection—

Your friend | Clarence Darrow

MS: ALS, NNAF, Helen Keller Archives.

TO FRED BICKNELL • CHICAGO • MARCH 1929 OR LATER

My Dear Bicknell¹⁶³

This letter is for you & John.¹⁶⁴ There is no doubt in my mind that John should plead guilty. There isn’t a chance that the jury will acquit him. To stand against it means death. It is a serious responsibility for any one to take. I would not think of taking it. The case is now where John’s life can be saved & sometime he will get out. Under the circumstances I would not think of going there and taking such a chance. I don’t know how Mr. Tupper165 feels but he is convinced as I am that there is no chance to win, and I would think that he would not want to go into it when he is offered a chance to save life. Think it over seriously and quick while there is a chance.¹⁶⁶

With best wishes.

Your friend | Clarence D

MS: ALS, DLC-MSS, Darrow Papers. PLACE: probable date of this letter and other letters and information. DATE: reference to Winters having a chance to plead guilty.

TO WALTER WHITE • CHICAGO • TUESDAY 30 APRIL 1929

CLARENCE DARROW April 30th

Dear Walter

As you know I am getting damn old. And like all people who have no other out door sport I am making a will. I want to include your association in it. There won’t be enough to make it of any great consequence. But still enough to show how I feel and possibly attract some others to do likewise. Won’t you kindly send me a letter stating the legal name of the association, so you will get it all right.¹⁶⁷ By the way I made some money out of you. The Tribune sent me a check of 27.¹⁶⁸

Always your friend | Clarence Darrow

MS: ALS, DLC-MSS, NAACP Administrative Files. ENDORSEMENT: stamped received, “W.W. C.T.F. 5–1-29 pm”; and replied to, “W.W. 5–1-29.”

TO ROGER BALDWIN • CHICAGO • TUESDAY 30 APRIL 1929

CLARENCE DARROW April 30th

Dear Roger

When a fellow gets old there is nothing else to get any fun out of excepting making wills. I want to leave a little to the Civil Liberties Bureau. It may induce others. Any how I shall have the fun of thinking of it for a little while. Please send me the legal name so there will be no mistake about it.

Your friend | Clarence Darrow169

MS: ALS, NjP, ACLU Archives. DATE: Baldwin’s response.

TO VIVIAN PIERCE • CHICAGO • TUESDAY 30 APRIL 1929

CLARENCE DARROW April 30th

Dear Vivian

The main sport of old age is making wills. I want to leave something to the league that may induce others to follow my example. Please write me the legal name so there will be no trouble in getting what little will be going to you if I die soon enough to leave anything.

With best wishes | Your friend, | Clarence Darrow

MS: ALS, MBNU, Sara Ehrmann Papers, Box 16, Folder 91.

TO VICTOR F. CALVERTON • CHICAGO • FRIDAY 3 MAY 1929

CLARENCE DARROW May 3rd

My Dear Calverton

I just ran into your first letter, which was overlooked when I wrote the review.¹⁷⁰ I see I made a mess of it and wrote about Bryan—instead of our friend Walter! How the h—l could I get him mixed up with a Nordic Stiff like B. I had just written a Bryan review for the New Republic.¹⁷¹ Now you can publish the Bryan one or return it as you please and I can no doubt find some one else that wants it, and if you still want a review of Walter’s book let me know at once and you shall have it. Will be in N.Y. about the 15th or 16th and try to see you.

All good wishes | Clarence Darrow

MS: ALS, NN, Calverton Papers, Box 4. DATE: “[1929]?” appended and confirmed by reference to The New Republic.

TO MARY DARROW SIMONSON • CHICAGO • FRIDAY 10 MAY 1929

CLARENCE DARROW May 10th

Dear Mary

Enclosed you will find a V. This is sent you on condition that you shall buy nothing useful with it. Don’t spend any of it for stockings,—or food or tuition. Don’t give any of it to poor people. Don’t let any of [it] go to any old poverty stricken widows who are hungry. Don’t give any of it to any lame children. Don’t give it to any blind people or any deaf & dumb or any one legged people or anyone without an arm. Don’t put any of it in any contribution box at church. Don’t send any of it to foreign missions. The heathens are bad enough as they are. Don’t buy any books, at least none that are good and dull. You can use it for movies, except don’t use it on any animal movies or any landscapes or any news of foreign countries or any one where you can possibly learn something. Go to some moveys where there are boy and girl sheiks or where the censors have tried to stop them or some show in an old building that has been condemned as a fire trap or something like that. You can buy Esquimaux pie, for that is unhealthy and will make you look sick and interesting. You can buy chocolate creams for these will rot your teeth and then you can get some nice new white ones with gold lining and can put them on the mantel for ornaments and attract attention. I said you could buy stockings but I don’t think you need them. It is warm enough without stockings. I have just been over to the park and I couldn’t tell whether the girls had legs or stockings except a few of them that had been darned. Don’t use any of it to ride in street cars or in buses. If you want to go any where take a car and go as far as you can for 2.50. and then you can get back. You don’t need to save any to tip the driver; he will probably cheet you any how, if he doesn’t it will show that he hasn’t been raised right.

I go over to 5844 most every nite to see the park, it saves walking and the view is better any how. Blance172 is getting all right again. She is hie-hatting every body about her operation. I had one once myself on my hed. My brains were growing so fast that they crowded into my skull and I had to have some of them cut out. But I don’t think you will be bothered that way. Jessie¹⁷³ is getting along fine, she is pretty near into a sorority. I suppose she is getting in on her looks. I don’t know how else.

O yes don’t spend any money sending flowers on Mother’s day. It is so far away that they would be wilted before they got here and if they were not they would look pretty punk by the time Lil¹⁷⁴ got back from the north side. Anyhow that day was just got up for the florists. They think more of their mothers than any one else does, but they think more of other peoples mothers than they do of their own. If they didn’t they would send the flowers to their own mothers instead of selling them. I don’t think it is very nice any how to buy a lot of flowers for mothers day and then go and sell them. They tried to get up a father’s day too so as to sell more flowers but they couldn’t get any one to go to father’s day. Well this is about enough for this time. If I knew what you was studying (if any thing) I could write you something about your studies which you couldn’t find in your old books. I suppose you will [be] back after a while and I am trying to arrange some engagements so I won’t be here while you are home.

This is from your Grand dad.

Clarence Darrow

MS: ALS, Darrow Family (TLc, DLC-MSS, Darrow Papers).

TO ROGER BALDWIN • CHICAGO • SUNDAY 19 MAY 1929

CLARENCE DARROW May 19, 1929.

Dear Roger:

Replying to your letter of May 5th I would say all the states in the union, so far as I know of, have had a good many bills introduced into the legislatures to seriously deprive citizens of rights.175 Amongst others, many states have a bill providing that if the defendant does not testify the state can comment on that fact as raising a presumption against him. Likewise, there are bills asking that less than the unanimous vote be necessary to convict. Likewise, increasing penalties and permitting the judges to give oral instructions and comment on the evidence, making our courts like federal courts in which there is no jury trials. I don’t know what the American Law Institute suggested in the way of a revised code. I know about the lawyers who make it up and would expect it to be reactionary, but whatever they suggested, it is not binding upon the legislatures of the various states. They have had some bad ones introduced in Illinois. I managed to get together a few fellows and we have been fighting them and I think the bills will not be passed. I would suggest it would be well to find out what is going on in Albany and anywhere else that you have representatives. You may be sure that the powers of reaction and despotism never sleep and in these days when conservatism is in the saddle, we have to be very watchful. Anyway, I am glad you are interested.

With best wishes, always, | Your friend, | Clarence Darrow

MS: TLS, NjP, ACLU Archives. INSIDE ADDRESS: Mr. Roger Baldwin, | 100—5th avenue, | New York City, N.Y.

TO GEORGE T. BYE • CHICAGO • SUNDAY 19 MAY 1929

CLARENCE DARROW May 19, 1929.

My dear Mr. Bye:

Your telegram was duly received. Won’t you let the Saturday Evening Post have the manuscript.176 It beats the devil that a big publication is afraid of a few sentences on religion, but as it is no essential part of my manuscript, of course I don’t care. Sorry there are one or two sentences early in the article. I don’t see why they should object to those. There is a little more about it toward the end and I can understand how somebody might object to those. I hope you will see that nothing is put in their place and also leave the first one in if possible. I would have been glad to fix it up myself if it was not to be published too soon. I shall be in New York on the morning of the 6th of June. I may have some more stuff for you, but anyhow, I am sailing on the evening of the 7th for Europe and I think I can dig up something while I am gone. Won’t you get in touch with me at the Belmont as soon after my arrival as possible?

Always, with kind regards, your friend,

Clarence Darrow

MS: TLS, NNC, James O. Brown Papers. INSIDE ADDRESS: Mr. George Bye, | c/o Saturday Evening Post, | New York City, N.Y.

TO THE EDITOR OF THE NATION • CHICAGO • WEDNESDAY 22 MAY 1929

Chicago, Illinois, May 22

TO THE EDITOR OF THE NATION:

SIR: Mr. Hoover is no doubt a good civil engineer. Still, this fact, if true, does not make him a statesman. How little he really appreciates the value of freedom and the vigilance necessary to preserve human liberty was shown by his remarks at a luncheon of the Associated Press.¹⁷⁷ In referring to prohibition Mr. Hoover, following in the lead of the orthodox prohibition fanatics, used this language: “Whatever the value of any law may be, the enforcement of that law, written in plain terms upon the statute books, is not to my mind a debatable question. Law should be observed and must be enforced until it is repealed by the proper processes of our democracy.” These words would have gladdened the hearts of the witch-hangers of New England when juries were refusing to send old women to death in obedience to a tyrannical and fanatical law.

To mark the progress in government in two thousand years, these words of Mr. Hoover might be compared with an utterance of Trajan, the Emperor of Rome, made in the year 112. Pliny was then the governor of a Roman province, and the prosecution of the Christians was in full swing. The law provided death for becoming a Christian—Senator Jones, please note.178 Men and women, however, continued to stand by their faith in spite of terrible torture. Under the circumstances Pliny who was shocked by the Joneses of his day, wrote to Trajan for instructions. The Emperor, after recommending clemency and toleration, instructed Pliny about violations of the act. He did not say that a hideous law must be enforced so long as it is a law. In speaking of the violators of the statute, he said: “Do not go out of your way to look for them.” Had the Roman Emperor determined to enforce all laws while they were laws Christianity would have been wiped out of the Roman Empire and therefore of all Europe.

Who was right, the Roman Emperor two thousand years ago or the chief magistrate of the American Republic? The truth is that it is impossible to repeal a criminal statute until it is generally violated.

Emerson said that the good citizen must not be too obedient to the law. There is no limit to which fanaticism will not go. To teach the sacredness of the statutes, and to prefer the strict obedience to law to the preservation of freedom, is a cowardly doctrine that would inevitably lead to slavery. A criminal statute to be enforced requires the overwhelming support of the people. The first Adams used every possible effort to enforce the obnoxious Alien and Sedition laws, but all over the land American citizens defied the jail, and the laws were finally disregarded. When Jefferson was elected to follow Adams, he did not announce that whether the law was good or bad it should be obeyed. He found that the people would not submit to such legislation, and he used all his influence to have the tyrannical statutes repealed, which was promptly done.

To enforce obedience to an obnoxious law that is held in general contempt by a large percentage of the citizens is not law-enforcement; it is tyranny. To awe men and women by threats of persecution and jail is to destroy independence, to degrade citizenship and belittle man. The statesman who discovered that a law was odious to good citizens would not seek to club them into submission. Instead of that he would recognize and respect the feelings of a free people and use his influence to repeal the law.

CLARENCE DARROW

MS: “Emperor or President,” The Nation 128 (5 June 1929): 672–73.

TO T. PERCEVAL GERSON • MONTREUX, SWITZERLAND • SUNDAY 1 AUGUST 1929

HÔTEL BEAU-RIVAGE, MONTREUX (SUISSE) Aug 1st 1928

My Dear friend Guerson

It was good to get your letter that was forwarded here. We left Chicago the 3rd of May and came almost directly here. Have been in this place six or seven weeks and have felt no inclination to leave. I am sleeping and loafing and writing a little and waiting. Shall go to London in about ten days. Don’t know when we will go back to America probably not until November. It was good of you to take so much interest in Miss Ruben. She wrote me how kind you were.179 That you are coming to Chicago in the spring is the best news we have heard for a long time. It will be so fine to see you and I hope Mrs. Guerson will be with you. We can take care of you fine at our place and then we can be together all the time and we will invite in the people you will like. I am really loafing here on account of my health which is not so bad for one who has been on the Earth as long as I have. Somehow no matter what we think we hang on as long as we possibly can. For me I feel convinced that this life is all and I cannot feel any regrets that there is no more, and still I am bound to say that it has not been so bad. I have been blessed with hosts of friends which is about the best that can come to one on his journey. I am not sure whether you have ever been in Europe or not. You should come. Switzerland especially is a beauty spot wherever you go. I may write you again from Europe. I don’t suppose you can ever realize how much you have ever meant to us. I am sure the memory of all your kindness will be with me to the end. It will do us so much good if you come and stay with us.

With love to both of you from Ruby & me

Devotedly | Clarence Darrow

Will I never get your name spelled right.

MS: ALS, CLU-SC, Theodore Perceval Gerson Papers (Collection 724). DATE: letter is misdated as 1928.

TO PAUL DARROW • LONDON • SATURDAY 31 AUGUST 1929

HOTEL METROPOLE Aug 31st

Dear Paul

Got an other letter from you today which had been on a long journey. Think I told you to address me at American Express—London which you can do at present. I wrote you some days ago about selling my U.P.180 I can’t help thinking that we will have a smash soon and I feel sure that you should reduce indebtedness. When things go down you will want some money instead of scrambling around to borrow. It is certain that things can’t keep going up forever. You can sell any thing I have if you think it better to sell mine. Of course I don’t mean to insist that you shall take my advice but I don’t like to see you owe so much with every thing so high. I was interested in what you said about the bank. I suppose while you are in debt and I am away you don’t want to give up a job. But when I get back, I will certainly urge you to quit them. I don’t see a chance there.

Hastily | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended.

TO PAUL DARROW • LONDON • FRIDAY 27 SEPTEMBER 1929

HOTEL METROPOLE Sept 27th

Dear Paul

Received your letter with the 100£. Also information of sale of 50 shares of U.P. Am glad you sold it. Hope you won’t load up any more until you materially reduce indebtedness. I don’t know just how my account stands, but if there is any money there would rather you take it and pay .06% on it than to buy more stock. Would rather see you reduce your indebtedness than get more stock. I still believe things are going lower. They are ridiculously high. A falling off of earnings would surely make things go down. Shall probably be here ten days & then go to France & drive from there to Cannes—France & stay a few weeks. My friend Mr. Kellogg¹⁸¹ of Jamestown N.D. has been here with his car. We have driven four thousand miles in England, Scotland and Wales, and I feel as if I had seen it all. It is very beautiful. We will drive from Paris to Southern France and see most of it along the Riviara. Shall avoid playing in Monte Carlo as the stock market is enough. Will cable Darro Chicago next address which will probably be Cannes France c/o American Express. When I get back we will consider new job for you. If you were out of debt or nearly so I would not bother with any job now. Will reach Chicago probably before the first of the year. Tell Blanche she will have a letter a few days after you get this. I am trying to get some information for her. Got letter from Mary yesterday and was glad to hear from her.

Love to all | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended.

TO PAUL DARROW • LONDON • SUNDAY 29 SEPTEMBER 1929

HOTEL METROPOLE Sept 29th

Dear Paul

Have just sent you a cable. I don’t like the looks of things. All stocks are far too high. It is the same thing over & over again. You should reduce, where you can even if you take losses. The more stock you get the heavier the load and it is no time to buy. I think you ought not to owe more than $100,000 or 125,000 at the most. If there are big drops you might get caught very badly. Why not sell some brazilian Traction. Of course you owe so much that a little doesn’t seem worth while. Still I would get some from Colorado if I could, and I am willing to let any or all of mine go although it will add to income tax. Still you can’t afford to go broke at this time or to keep on selling at a falling market and things are too awfully high, this condition exists all over the world. Any of my bonds that have been bought in the last year could be sold at a small loss. Of course, I am far ahead of the game on all stocks. The Anaconda & Gt. Northern and N.P. could be sold at big profits, but you can’t tell how long the profits will last. Earnings may go down, and the condition may get steadily worse for a year. I have been thinking some of going back home on account of the market. I may do it but will cable you if I do. On receipt of this you might send cable to me here Metropole Hotel or American Express, just Darrow, at either place. I won’t bother you with further S.O.S. stuff, but you know how I feel, and you should not take long chances. I will cable before I go to Cannes or home. You can send 25 word cable here deferred for $1.50. If we clean up there should be enough left for all, but I don’t know that you need to reduce below a safe margin, but reduce and don’t buy no matter how cheep until the indebtedness is down to decent figures. All this is of course only advisory, but I think it is very important advice.

C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended.

TO PAUL DARROW • LONDON • FRIDAY 4 OCTOBER 1929

HOTEL METROPOLE Oct 4th

Dear Paul,

Yesterday I received your letter of Sept 30th indicating that you had sold some stuff and would sell more. I am hoping that you hurried the sales after my second cable. I noted the slump yesterday & cabled you this morning to use all or any part of the stuff you have that is in my name in your safety deposit vault. I want you to do this. Probably some of mine should be sold rather than some of yours. I have no confidence in the market. It has been going up for several years and every body is crazy and most of them will lose their money. No doubt many of your bonds will not fall much, but I know you have a considerable amount of shaky stuff. You should owe very little in these times and I presume you realize it now. So far as I am concerned, my stuff has not gone down very much. Including about $60,000 that Ruby has I have at this price what amounts to 225 to $240,000 worth, and we can save something out of it all so we will be all right. One trouble with people is that they can’t realize that things are going to pieces and instead of selling enough to be perfectly safe they sell a little at a time in a falling market. There can’t be any doubt about the thing. I think it will be at least a year before it stops going down so I hope you will clean up thoroughly, then there will be no more worry. I feel as if I should go back home but unless you wire me I probably won’t be there before Dec 1st.

Hastily | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended. ENVELOPE ADDRESS: Paul Darrow | 111 W. Jackson Boul | Chicago | Ill | U.S.A. | Amalgamated Bank. POSTMARK: London 4 October 1929.

TO PAUL DARROW • LONDON • WEDNESDAY 30 OCTOBER 1929

HOTEL METROPOLE Oct 29th

Dear Paul

This is the day after the second big break in American market.182 It must have left you in bad shape. You will probably need to get things adjusted so you won’t be bothered with stock fluctuations. Don’t take the matter hard. We will be just as happy & live just as long. I rather estimate that you and I will have around $300,000 which is really enough, and of course I think we ought to quit the gambling business. I have thought so before and done it for a time. I will probably wire you before you get this the date of my return. Will doubtless be there by Dec 1st. We will then go over our affairs and get our expenses inside of our income. I am afraid Fred¹⁸³ will be in bad shape, but he must take a traveling-man’s job. I really do not care a damn about it. The speculating business is a hectic business any how. So don’t give yourself a bit of worry about it all.

Ever | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended.

TO PAUL DARROW • LONDON • THURSDAY 31 OCTOBER 1929

HOTEL METROPOLE Oct 31st

Dear Paul,

I see that after a few hours today the stock exchange will be closed the rest of the week. Well I am not figuring on how you came out of the tornado. Any how don’t worry about any of it. We will live just as long & have as much fun. It was sure some land slide. We might think of the millions who came out worse than we did. Of course if you need any of my stuff as security to first National use it, but I would not unless it seems safe. You may have used it before in which case it is all right. We sail for home on Nov 28th “The Geo Washington” will be 9 days to N.Y. Shall stay there two days at Belmont. You might have a letter there for me.

Hastily | C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended. ENVELOPE ADDRESS: Paul Darrow | 111 W Jackson Boul | Chicago | Ill | U.S.A. | Bank. POSTMARK: London, 31 October 1929.

TO GEORGE T. BYE • LONDON • WEDNESDAY 20 NOVEMBER 1929

HOTEL METROPOLE Nov 20th

My Dear Buy

I don’t see how I could write that article on Jesus, or something that you wanted for “The Homely Ladies Journal” or something. I don’t know him and he don’t know me. And I am convinced that when I am dead I won’t be compelled to live again. Ingersoll, I know, said that in the “night of death hope sees a star &c,” but I haven’t got that far yet.184 I may see a comet, in which case I shall think it is hell (and try to send back an article about it,) I don’t know, but why not get a preacher to write it; that is their job. Any how I would like to do it, but how can I?

I have just finished a story on Justice and now that it is done I feel as I always do, that I don’t know whether it is mighty good or damn poor:—probably neither, but I shall send it along. If you don’t think it is good, don’t offer it.

I just received a letter from Eaton¹⁸⁵ saying that his magazine is being consolidated with Literary Guild and he expects it to boom, and he wants something, P.D.Q. for March. I wrote him to have you show him that Prohibition story. It is true that I and others have said a good many of the same things before, but I can’t find anything new to say. The trouble is that Socrates and Plato and Jesus Christ and Judas Iscariot and the rest of the great got here first. Still the one I am sending you is very new. I doubt if there is a single idea in it that ever occurred to anyone before. In fact, I doubt if there are any in it. I am leaving in a day or two for Cannes, France where I will be until some time around March 1st when I will go back if the stock market and the literary market improve. You can reach me there c/o American Express Co.

Your friend | Clarence Darrow

MS: ALS, NNC, James O. Brown Papers. DATE: letterhead and reference to stock market.

TO PAUL DARROW • CANNES, FRANCE • FRIDAY 6 DECEMBER 1929

HOTEL MAJESTIC Dec 6

Dear Paul

The last letter I had from you was written Nov. 14th right after there seemed to be a turn in the market. I have been looking for one all the time since. Hadn’t you better write oftener?

The market seems to have gradually improved especially the last two days, and I am wondering how it is going with you. I don’t know whether you sold the stuff you bought for me [or] not. There should be some profit in it and if you have sold or think best to sell you had better take the profit and pay in as far as it goes. Of course you haven’t had much chance to do any thing since the slump began, but you could easily get wiped out with all you owe, but you know all about it now. I think it might happen again, and I wish I could see you get out of debt or somewhere near out. I have for a long time expected you to go broke and of course if it happens, we will get along and make no fuss over it. Still we must do the best we can with a situation and you will be obliged to take some very substantial losses if you ever get out. The market will not go up again for a long long time, and it may not go down. It is very nice down here, the climate is good and the scenery fine. Brand Whitlock lives here and I have seen him twice in the last week. I could just as well come home and if things look bad again I think I should go. There will be no trouble about keeping warm. Write often if only short letter.

C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: “1929” appended. ENVELOPE ADDRESS: Paul Darrow | 111 Jackson Boulevard | Chicago | Ill | U.S.A. | Bank. POSTMARK: Cannes 6 December 1929.

TO PAUL DARROW • CANNES, FRANCE • SATURDAY 14 DECEMBER 1929

THE AMERICAN EXPRESS CO., INC. Nov 14th

Dear Paul

Just to tell you that if you need to cable at any time use just Darrow—Cannes. Don’t know whether France is needed or not. This last week I see has had lower prices but considerably above the former low. Don’t think the Pullometer will get them up much for a time. There will be plenty of chance when I get back, which will be soon after March 1st. This is really a very beautiful place and quite warm so I am feeling much better. I was wondering if you shouldn’t call on Baehr.186 I feel that when I get back at least we should be considering something else. You know I think a regular business beats all stock speculation. One is never at ease in his mind, and one misses the best chances to enjoy life by being worried over the turn of a card. Any how we will see about it when I get back. Wish I could be there with all of you for Christmas. Love to all.

C.S.D.

MS: ALS, MnU-L, Darrow Collection. DATE: year is appended and in Paul Darrow’s hand “Nov.” is struck out and “Dec” is written.

TO BENJAMIN B. LINDSEY • CANNES, FRANCE • TUESDAY 17 DECEMBER 1929

HOTEL MAJESTIC Dec. 17th 1929

Hon. Ben. Lindsey

My Dear Judge

The Paris paper carried some account of the decision of the Colorado court.¹⁸⁷ I am very sorry and believe that the whole campaign has been inspired by the desire to destroy your influence. Of course you mustn’t take it too seriously. It is the way of the world—always has been and always will be. There are many young boys and girls in Denver whose lives you have made easier, and many others whom you have caused to think—and this must be your consolation. As a matter of fact, you are so well known that I fancy a thing like this would not hurt you except in your feelings, but you are used to this.

With love from Mrs Darrow and me to you and Henrietta—

Your friend | Clarence Darrow

AMERICAN EXPRESS CO., INC.

Your inquiry about mail has no answer satisfactory to myself.188 Most of the mail people like you & I receive are from cranks and can generally be told by reading the address. Much of it is from noteriety seekers engaged in getting autographs; they care nothing about us. They don’t know the difference between Calvin Coolidge and Bunker Hill Monument. Some are sincere but what can you do about it? These are generally the worst nuisances of all. I seldom reply to any of them nowadays—

C.S.D.

You can’t burn it all without looking at it. I once found one with a postage stamp in it.

MS: ALS, DLC-MSS, Lindsey Papers.