by Jill Norgren
82. Grace Hathaway, Fate Rides a Tortoise: A Biography of Ellen Spencer Mussey (Chicago: John C. Winston, 1937), 106-7.
83. For a discussion of the American Woman’s Republic, see Jill Norgren, Belva Lockwood (New York: New York University Press), 219-23.
84. Babcock, Woman Lawyer, 152-53. Babcock suggests that “part of the appeal of the Portia Club was its potential for developing new clients from among the society ladies who joined.” Ibid., 163.
85. Babcock, Woman Lawyer, 153, citing to HWS 4: 479, and “Now the Portia Club,” San Francisco Examiner, January 20, 1894.
86. Babcock, Woman Lawyer, 156-57.
87. Ibid., 165.
88. Ibid., 164-65. The account of the trial, and subsequent quotations, are from pages 164-69.
89. Ibid., 168.
90. Babcock, Woman Lawyer, 312.
91. Ibid., 203, 205.
92. Ibid., 215, 217.
93. Ibid., 218.
94. Ibid., 283.
95. Ibid., 285.
96. A full discussion of Foltz’s conception of public defense appears in Barbara Allen Babcock, “Inventing the Public Defender,” American Criminal Law Review 43 (Fall 2006): 1267, as well as Babcock, Woman Lawyer, chapter 7.
97. Babcock, “Inventing the Public Defender,” 1267.
98. Ibid., 1311.
99. Ibid., 1311.
100. Babcock, Woman Lawyer, 318.
101. Ibid., 323.
CHAPTER 7
1. Matthew G. Berger, “Mary Hall: The Decision and the Lawyer,” Connecticut Bar Journal 79 (2005): 36, note 41.
2. Ibid., 36, note 41.
3. Lelia J. Robinson, “Women Lawyers in the United States,” The Green Bag, January 1890, 29-30.
4. Mary Hall Scrapbook, Connecticut Historical Society manuscript no. 78249, newspaper clipping dated April 12, 1890; “Miss Mary Hall,” in Frances E. Willard and Mary A. Livermore, eds., A Woman of the Century (Buffalo, NY: C. W. Moulton, 1893), 350-51.
5. Berger, “Mary Hall,” 37.
6. In re Mary Hall, 50 Conn. 131, 136 (1882); Willard and Livermore, Woman of the Century, 351. The office of commissioner, in Connecticut, was then independent of the position of attorney at law.
7. Robinson, “Women Lawyers,” 29.
8. Willard and Livermore, A Woman of the Century, 351.
9. Berger, “Mary Hall,” 41.
10. Hartford Daily Courant, March 25, 1882, 4.
11. Berger, “Mary Hall,” 41.
12. Berger, “Mary Hall,” 41-42. Subsequent quotations in this paragraph also cite to these pages. John Hooker is listed with McManus as “for the application.” In re Mary Hall, 131. Berger gives short biographies of the examining committee, McManus, and Collier, at 40-42, notes 61, 67, and 74.
13. Berger, “Mary Hall,” 42-43. Subsequent quotations in this paragraph also cite to these pages.
14. Ibid., 43.
15. In re Mary Hall, 131.
16. Park was joined by Justices Carpenter and Loomis. Matthew Berger presents both sides of the argument as to whether Park, or John Hooker, authored the opinion. Berger, “Mary Hall,” 44, note 84.
17. In re Mary Hall, 132.
18. Ibid., 132.
19. Ibid., 135.
20. Ibid., 137.
21. Ibid., 138-39.
22. Berger, “Mary Hall,” 46, and note 93.
23. Mary Hall Scrapbook No. 4 (1882).
24. “Miss Attorney Hall,” New York Times, September 27, 1882, found in Mary Hall Scrapbook No. 4.
25. Martha A. Pearce, 1888 Equity Club Annual Report, 6, LRS.
26. Catharine Waugh McCulloch to Equity Club members, 2 May 1888, WL, 136.
27. Berger, “Mary Hall,” 53. The appearance occurred in 1897.
28. Robinson, “Woman Lawyers,” 29.
29. Berger, “Mary Hall,” 48-52.
30. Ibid., 49.
31. Elizabeth Cady Stanton to Sara Francis Underwood, 9 May 1885, and Elizabeth Cady Stanton to F. Ellen Burr and the Hartford Equal Rights Club, 24 April 1885, in Ann D. Gordon, ed., The Selected Papers of Elizabeth Cady Stanton and Susan B. Anthony: When Clowns Make Laws for Queens, 1880 to 1887, vol. 4 (New Brunswick, NJ: Rutgers University Press, 2006), 416 and 412.
32. Ibid., 412.
33. Willard and Livermore, “Woman of the Century,” 351. Berger, “Mary Hall,” 38, note 52, lists the several men of means who later helped to put the organization on a firm financial footing, and purchased space for its activities. Hall was one of the first individuals to organize this kind of charity. The Rev. Willard Parsons of Sherman, PA, founded the Fresh Air Fund in 1877. Elsewhere, single-sex women’s retreats were established, such as Fernside in Princeton, Massachusetts.
34. Willard and Livermore, “Woman of the Century, 351.
35. Berger, “Mary Hall,” 54 and note 138.
36. Ibid., 57.
37. Ricker’s Petition, 66 N.H. 207 (1890). Doe used the principle of adequate remedies. The question, he stated, should not be “whether women could lawfully be admitted, but whether they could lawfully be kept out.” In the absence of an explicit statute excluding women they were, he wrote, eligible for the New Hampshire bar.
38. Berger, “Mary Hall,” 55, citing to State v. Lola Chaves de Armijo, 18 N.M. 646, 140 P. 1123, 1128 (1914).
39. Barbara Allen Babcock, “Women Defenders in the West,” Nevada Law Journal 1 (Spring 2001): 2-3.
40. Babcock, “Women Defenders,” 3; Berger, “Mary Hall,” 47.
41. Catharine G. Waugh (McCulloch) to Equity Club members, 2 May 1888, WL, 136.
42. Julia Wilson, “Catharine Waugh McCulloch: Attorney, Suffragist, and Justice of the Peace,” WLH, 3.
43. Louise W. Knight, Citizen: Jane Addams and the Struggle for Democracy (Chicago: University of Chicago Press, 2005), 76.
44. Personal communication from Louise W. Knight, Addams’s biographer, to Jill Norgren, 13 June 2011.
45. Catharine G. Waugh, “A Young Girl’s Experience in a Law School,” Woman’s Tribune, February 18, 1888, 6. Subsequent quotations in this paragraph also cite to this article.
46. Item, CLN, June 5, 1886, n.p.
47. Catharine Waugh, “Women as Law Clerks.” Mary Earhart Dillion Collection, 1869-1945, Schlesinger Library, Radcliffe Inst., Series VI. Undated, but written before 1890.
48. Wilson, “Catharine Waugh McCulloch,” 6.
49. Robinson, “Women Lawyers,” 14.
50. Paul S. Boyer, “Catharine Gouger Waugh McCulloch,” in Edward T. James, Janet Wilson James, and Paul S. Boyer, eds., Notable American Women, 1607-1950 (Cambridge, MA: Harvard University Press, 1971), 459.
51. Review, “A New Book: Woman’s Wages,” possibly published in The Farmer’s Voice, n.d. Catharine Waugh file, Mary Earhart Dillion Collection, 1869-1945, Schlesinger Library, Radcliffe Institute, Series VI.
52. Advertisement, “Woman’s Wages is for sale by the author.” Item found in the Catharine Waugh file, Mary Earhart Dillion Collection, 1869-1945, Schlesinger Library, Radcliffe Institute, Series VI.
53. Catharine G. Waugh to the Equity Club, 26 April 1889, WL, 177.
54. Ibid., 174.
55. Catharine G. Waugh, “A Lady Lawyer Makes a Plea,” The Farmer’s Voice, June 22, 1889. n.p. All quotations in this paragraph also cite to this article.
56. Boyer, “McCulloch,” in Notable American Women, 459.
57. Catharine Waugh McCulloch to Catharine McCulloch Spray, 1 November 1943, McCulloch Papers, 1862-1945, ser. VI, in Women’s Suffrage: The Midwest and Far West, Radcliffe College Women’s Studies Manuscript Collections (hereafter McCulloch Papers). She served the NAWSA from 1904 to 1911.
58. Catharine G. Waugh to Equity Club members, 30 May 1890, WL, 191.
59. Ibid., 191.
60. Catharine Waugh McCulloch to Equity Club members, 8 November 1890, WL, 192.
61. Ibid., 192. All quotations in this paragraph cite to this letter.
62. Wilson, “Catharine Waugh McCulloch,” 36,
citing to Catharine Waugh McCulloch, Autobiography (n.p.: n.d.), McCulloch Papers.
63. Ibid., Timeline Appendix, citing to December 22, 1897, case, Wiedeman v. Keller, 171 Ill. 93, 49 N.W. 210 (Supreme Court of Illinois). Catharine McCulloch was the seventeenth woman admitted to the U.S. Supreme Court bar. She apparently never argued a case before the high court.
64. Wilson, “Catharine Waugh McCulloch”, 19-21 and accompanying notes.
65. See www.herhatwasinthering.org.
66. “Catharine W. M’Culloch: A Character Sketch.” Newspaper item, n.d., Mc-Culloch Papers. See also newspaper clipping from March 18, 1907, McCulloch Papers.
67. Wilson, “Catharine Waugh McCulloch,” 13.
68. Ibid., 15.
69. “Mrs. McCulloch Elected a Justice of the Peace,” CLN, April 6, 1907, 277.
70. Letter from Catharine Waugh McCulloch to Catharine McCulloch Spray, 1 November 1943, McCulloch Papers.
71. Wilson, “McCulloch,” 27. Two similar versions of McCulloch’s “Women’s Rights Game” are archived in the McCulloch Papers. She lent the game to friends but never printed it because of the expense.
72. C. W. McC., “Shall Men Vote,” 1. Lindseth Collection of American Woman Suffrage: Series I, Printed Materials, Box 3, Folder 4, Division of Rare and Manuscript Collections, Kroch Library, Cornell University.
73. Ibid., 2.
74. Boyer, “McCulloch,” in Notable American Women, 459.
75. Ibid., 460.
76. Ibid., 460.
77. Ibid., 460.
CHAPTER 8
1. Mary A. Greene to Equity Club members, 5 April 1888, cited in WL, 98.
2. Ibid., 124.
3. Chute v. Chute, No. 2003 Mass. (1878).
4. Mary A. Greene, “Mrs. Lelia Robinson Sawtelle—First Woman Lawyer of Massachusetts,” The Women Lawyers’ Journal 7 (April 1918): 51.
5. Ibid., 51.
6. LRS, Receipt for Tuition, Trustees of Boston University, October 22, 1879.
7. Kathryn Johnson, “’A Pioneer Woman’: The Scholar and Lawyer, Mary Anne Greene,” Section 2, 6. Paper submitted to the Stanford Law School Women’s Legal History Seminar, May 2006, available on WLH, citing to Homer Albers, The Boston University School of Law, Boston Law School Magazine 1 (1896): 7-9.
8. This paragraph draws upon Robinson’s Equity letter of 7 April 1888, WL, 126-27.
9. Greene, “Mrs. Leila Robinson Sawtelle,” 51.
10. Lelia J. Robinson to Equity Club members, 9 April 1887, WL, 64.
11. See Lelia J. Robinson’s Case, 131 Mass. 376 (Mass. 1882). Robinson could conduct office business without admission to the bar.
12. “Lucia M. Peabody,” http://www.herhatwasinthering.org.
13. Louis D. Brandeis to Alfred Brandeis, 30 January 1884, cited in Philippa Strum, Louis D. Brandeis: Justice for the People (New York: Schocken Books, 1984), 54-55.
14. Mary M. Huth, “Kate Gannett Well, Anti-Suffragist,” University of Rochester Library Bulletin (1981): 3562. The legislature was considering a bill to allow women to vote in municipal elections, one that had been defeated through the efforts of several prominent men and women in 1882. Most members of Well’s family strongly supported woman suffrage.
15. Henry James, The Bostonians (New York: Barnes and Noble Classics, 2005), 6. The novel appeared first in serial form in 1885-86, and was published as a book in 1886.
16. Communication from Professor Elisabeth Gitter, 15 July 2011.
17. Strum, Brandeis, 54. Brandeis changed his views on this matter around 1912. Ibid., 129-31.
18. Dan Ernst, “Lelia Robinson, Part 2,” Legal History Blog, December 22, 2009. http://legalhistoryblog.blogspot.com/2009/12/lelia-robinson-part-2.html.
19. Sarah Killingsworth, “Lelia Robinson,” 4, WLH, citing to Robinson, Petitioner’s supplemental brief, 4. Copies of these briefs are found in LRS.
20. Lelia J. Robinson’s Case, 131 Mass. 376. Elsewhere, courts cited this case against other women lawyers who applied for bar admission, including the Oregon Supreme Court in the case of Mary Leonard.
21. Ibid. On the day that Mary Greene was admitted to the bar in Boston, Robinson told Justice Field “that she would have been much disappointed in the court if they had decided otherwise in her case, for she always considered the opinion a sound one, as the law then stood.” “Mrs. Lelia Robinson Sawtelle,” 51.
22. Massachusetts Statutes of 1882 c. 139.
23. Roberta Sue Alexander, “The Cult of Equal Opportunity versus the Cult of True Womanhood: Women’s Efforts to Gain Admission to the Bar in the Latter Third of the Nineteenth Century” (unpublished paper, 2001, author’s files), 29, citing to the Original Papers of the General Court of Massachusetts, Order of the House, January 31, 1882, Massachusetts State Archives.
24. Boston Evening Transcript, March 13, 1882, 3; Woman’s Journal, March 18, 1882, n.p.
25. Boston Daily Globe, March 15, 1882, 4. Subsequent quotations in this paragraph cite to this article.
26. Robinson to Equity Club members, 9 April 1887, WL, 65.
27. Ibid., 65. Robinson does not describe how she paid for law school, or her law office. It is likely that her parents helped with these expenses, perhaps one reason she dedicated Law Made Easy to them. In this Equity letter Robinson refers to having had help “from my own people.” Ibid., 66.
28. Ibid., 65.
29. Lelia Josephine Robinson to Equity Club members, 7 April 1888, WL, 125.
30. Statutes of 1883 c. 252.
31. Robinson to Equity Club members, 7 April 1888, WL, 121.
32. Lelia J. Robinson to Equity Club members, 9 April 1887, WL, 64-65. Robinson waited until 1884 to argue in court, taking the claim of a deserted wife for separate maintenance, and child custody, into probate court. Robinson, 7 April 1888, WL, 121.
33. Robinson to Equity Club members, 7 April 1888, WL, 121.
34. Ibid., 121. Robinson frequently observed that new male lawyers also had a discouraging wait for clients. Robinson to Equity Club members, 9 April 1887, WL, 65.
35. Robinson to Equity Club members, 9 April 1887, WL, 65. All quotations in this paragraph also cite to this letter. She wrote letters to newspapers under the nom de plume “Trimontaine.” LRS. (Boston was called Trimontaine in the 1630s for the three hills around which the settlement was built.)
36. Robinson to Equity Club members, 7 April 1888, WL, 121.
37. On suffrage, see “An Act to Amend Section 3050, chapter 238 of the Code of Washington” (1883), reenacted in January 1888 as “An Act to Enfranchise Women.”
38. Sandra F. VanBurkleo, “‘A Double Head in Nature Is a Monstrosity’: Recovering the Married Woman in Frontier Washington, 1879-1892.” Paper delivered at the Annual Meeting of the American Society for Legal History, Seattle, Washington, October 21-24, 1998, 1 and 9. This unpublished paper is not paginated. I have assigned page numbers to my file copy.
39. Ibid., 2. The next sentence draws on this article and page.
40. Mary Nicol, “Lelia Robinson Sawtelle: A Second Look,” WLH, 4. Nicol is citing to the Seattle Post-Intelligencer, May 25, 1884. This paragraph draws on Nicol, 4-5. Clara Colby referred to her as “Mrs. Dr. Weed.” See “Women’s Rights in Seattle,” Seattle Daily Post-Intelligencer, July 22, 1884, 4.
41. VanBurkleo, “‘A Double Head in Nature,’” 2.
42. Ibid., 9.
43. Ibid., 9.
44. Ibid., 2.
45. Clarence B. Bagley, History of Seattle from the Earliest Settlement to the Present Time (Chicago: S. J. Clarke, 1916), 1: 316.
46. For a biographical sketch of Leonard, see Kerry Abrams, “Folk Hero, Hell Raiser, Mad Woman, Lady Lawyer: What Is the Truth about Mary Leonard?” WLH.
47. Nicol, “Lelia Robinson Sawtelle,” 9-10.
48. Robinson to Equity Club members, 7 April 1888, WL, 122. She also notes that in New York and other large cities, women court stenographers were no longer a novelty, and often earned more than lawyers. Ibid., 126.
4
9. Cristina M. Rodríguez, “Clearing the Smoke-Filled Room: Women Jurors and the Disruption of an Old-Boys’ Network in Nineteenth-Century America,” Yale Law Journal 108 (May 1999): 1805. Rodríguez writes that “historically, suffrage and jury service for women have not been mutually-reinforcing entrances into the public sphere.” Ibid., 1806.
50. Ibid., 1807.
51. Nicol, “Lelia Robinson Sawtelle,” 6; VanBurkleo, “‘A Double Head in Nature.’” In this paper, Van Burkleo presents an excellent discussion of the legal issues involved in women’s jury service.
52. Lelia J. Robinson, “Women Jurors,” Chicago Law Times, November 1886, 22.
53. Ibid., 31.
54. Ibid., 25. The next quotation also cites to this article and page.
55. Ibid., 26-27.
56. Nicol, “Lelia Robinson Sawtelle,” 10; Robinson to Equity Club members, 7 April 1888, WL, 121.
57. Robinson to Equity Club members, 7 April 1888, WL, 121.
58. Ibid., 121.
59. Nicol, “Lelia Robinson Sawtelle,” 13, citing to “Court Proceedings,” Seattle Post-Intelligencer, October 10, 1884, 2, and “Won Her Case,” Seattle Post-Intelligencer, October 18, 1884.
60. Robinson to Equity Club members, 7 April 1888, WL, 120.
61. Ibid., 121; Nicol, “Lelia Robinson Sawtelle,” 15, citing to “The Smith Divorce Case,” Seattle Post-Intelligencer, December 23, 1884, 1.
62. “Woman’s Meeting,” Seattle Post-Intelligencer, June 13, 1884, 2.
63. “Women’s Rights in Seattle,” Seattle Post-Intelligencer, July 22, 1884, 4.
64. Nicol, “Lelia Robinson Sawtelle,” 18, citing to “Brevities,” Seattle Post-Intelligencer, January 11, 1885, 2.
65. Robinson to Equity Club members, 7 April 1888, WL, 122.
66. Van Burkleo, “‘A Double Head in Nature,’” 20.
67. For a short summary, see T. A. Larson, “The Woman Suffrage Movement in Washington,” Pacific Northwest Quarterly 67 (April 1976): 49-62. In 1889-90 Washington women regained the right to vote in school elections, and to hold education-related offices. In 1910 and 1911, respectively, Washington women gained (again) full suffrage, and the right to serve on juries.
68. Robinson to Equity Club members, 9 April 1887, WL, 66.
69. Robinson to Equity Club members, 7 April 1888, WL, 122.
