Germany as a haven after the Lincoln assassination
One of the lesser known aspects of the Lincoln assassination is the aftermath that played out in Germany. All the surviving occupants of the presidential box at Ford’s theater ended up moving to Germany. Mary Todd Lincoln and her son Tad lived in Frankfurt from 1868 to 1870, and Henry Rathbone moved to Hanover with his wife Clara and children in 1882 when the president appointed him U.S. Consul there. [Rathbone then became involved in a true crime himself. He murdered his wife a year later in Hanover – but that will be the subject of another post.]
I enjoy following the Lincoln and Rathbone sojourns in Germany because I live here, speak the language, and can research them. And that’s why a letter from Mary Todd Lincoln about a castle ghost caught my eye. There’s a possible mistake in there that’s leaked out into the biographical literature and I hope to point it out with this post.
Mary Todd Lincoln in Germany
Mary stayed at the Hotel d’Angleterre in Frankfurt while Tad attended boarding school nearby. By February, Frankfurt had gotten too cold for her and she decided to travel to the Mediterranean. Along the way, she stopped at the spa town of Baden-Baden in the Rhine Valley. Once she reached Nice, France, Mary penned a letter to her friend Eliza Slataper, a member of the Lee family in Virginia:
En route to Nice, I stopped for a day or two at Baden to see a lady from America, who resides most of the time in Europe. We visited a castle near Baden, where the veritable “White Lady,” is said, delights most to dwell, and where Napoleon signed his memorable treaty, in roaming the immense building, I said to our two attendants “have you ever seen her” – to which, of course, they both replied – “We often do.” As you know, Germans are very superstitious, and from the King of Prussia, down to his humblest subject, believe in her frequent appearance.*
Mystery of Mary Todd Lincoln’s castle ghost
Who or what was Mary Lincoln’s castle ghost? And where was the castle the white lady haunted? The answer is elusive.
One biography identifies the castle as the Hohenzollern castle in the Province of Hohenzollern. The royal family of Hohenzollern fits nicely to the white lady story. Kunigunde von Orlmünde, a widowed mother, she was engaged to marry another member of the Hohenzollern family, but thought her children came between herself and her fiancé. So she stabbed her children’s skulls with a needle and killed them. Later she sought repentance in Rome and entered a convent, where she died in 1351. According to legend, her ghost appeared throughout history to various members of the Hohenzollern family before they died, including the King of Prussia. Thus, Mary’s mention of the king in her letter appears to be a reference to the white lady of the Hollenzollern dynasty.
But the Hohenzollern castle as the dwelling for Mary Todd Lincoln’s castle ghost presents some problems. Several Prussian castles, including Berlin, Kulmbach, Rudolstadt, and Bayreuth, belong to the white lady’s traditional haunts, but I can’t find a reference to her ever spooking the Hohenzollern castle itself.
Problem of distances
There’s yet another reason why Hohenzollern can’t be the home of Mary Todd Lincoln’s castle ghost. It’s too far away. Baden-Baden lies on the west side of the Black Forest. To travel from Baden-Baden, Mary would have had to cross or skirt the Black Forest mountain range from the Grand Duchy of Baden into the Kingdom of Wurttemberg, and from there cross the Neckar Valley to the east and travel up into the Prussian Province of Hohenzollern on the Swabian Alb plateau. That was 44 miles as the crow flies, but at least 68 miles on the road, and three different countries.
Mary and her friend couldn’t have saved time by travelling by train, either. The Zollenalb train line connecting Tübingen to Hechingen (the nearest town to the castle) didn’t open until June 29, 1869, several months later. The women would have had to have completed at least part of the trip by horse and carriage. The journey, then, would have been too long to fit in as a side trip during a one to two day visit to Baden-Baden.
Napoleonic treaty riddle
Mary’s other clue, that Napoleon signed a treaty at the castle, doesn’t help either. Napoleon, as far as I can determine, never signed a treaty at the Hohenzollern castle nor at any other castle in southwestern Germany. Mary might have been confused on that point. Please correct me if I’m wrong and leave a comment if you know what Mary might mean by Napoleon’s castle treaty.
Hohenbaden castle and the gray lady
A prime location for Mary Todd Lincoln’s castle ghost would have been the Hohenbaden castle right next to Baden-Baden – one of the city’s major tourist attractions – and a very manageable side trip from town. The Hohenbaden castle doesn’t have a white lady, though. It has a gray one. And her story would have been far more intriguing to Mary Todd Lincoln.
The margravine who lived in the castle and became the gray lady after her death was a different kind of a mother than the white lady of the Hollenzollerns. By all accounts, she loved her baby son more than anything in the world. One evening, she wanted to show him his inheritance. She took him up a high tower and held him out over the balustrade to show him all the villages, fields, and farms over which he would one day rule. But he slipped out of her hands and tumbled down the castle walls and cliffs. Panicked, the margravine rushed down all the castle steps to search the ground below the cliffs. Although she had all her servants and maids help her, she never found her little boy’s body again. The margravine died in grief. Now, according to the Baden-Württemberg’s official website for its castles and gardens, she haunts the castle. You can still hear the margravine wailing as the wind whips the crevices in the cliffs, and at midnight, her gray-clad apparition drifts from room to room, her long white hair waving about her face.
Mary, who herself had two sons slip through her fingers into eternity, would have related much more to the mourning gray lady than the murderous white one. Might her memories of Edward and Willie have prompted her questions to her tour guides?
Gray lady in folklore
Although gray lady ghosts aren’t as common as the white ones, they do pop up in 19th-century literature. The gray lady of Caputh is another example, as is Maillais’s “Grey Lady” in Scotland. By 1846, a poem about the gray lady of Hohenbaden appeared in a collection of Baden legends. To give you a taste, I’ve translated the first four lines:
Habt ihr gehört von der grauen Frau
Im Bergschloß Hohenbaden?
Bethört von finstrer Macht, dem Gau
War sie zu Schreck und Schaden.**
Have you heard of the lady gray
In Hohenbaden’s cliffside palace?
Bewitched by darkness, she steals away
To spew her fright and malice.
The poem underscores the fame of the gray lady by the time Mary visited Baden-Baden in 1869. Today, the castle’s website describes the gray lady as the most famous of the castle’s legends. The ghost could have easily become a subject of the castle tours by the time Mary visited in 1869.
Hohenbaden as the better choice
It’s possible that Mary got the color of the ghosts mixed up by the time she reached Nice and wrote her letter. Even the names of the castles are quite similar, Hohenzollern and Hohenbaden. That might have confused her in any conversations or reading on the topic.
Nevertheless, the Hohenbaden castle, for its proximity to Baden-Baden and a ghost story that matches Mary’s letter, offers a far better alternative than Hohenzollern for Mary’s side trip destination and the haunt of Mary Todd Lincoln’s castle ghost.
The question of where she thought Napoleon signed his “memorable treaty” remains open and offers a way to solve the riddle of Mary’s destination. My cursory survey of the treaties Napoleon I and III signed didn’t turn up anything in a southwestern German castle. Knowledge, however, is a cumulative and cooperative effort, and perhaps a reader knows more about the topic than I do. Please leave a comment if you can contribute. In doing so, you’ll also augment Mary Todd Lincoln’s biography.
You might also enjoy reading about Mark Twain’s visit to Baden-Baden several years later and his encounter with the Prussian empress or two posts on Frederick the Great, a member of the Hohenzollern dynasty: How Frederick the Great’s Sword Helped Spark the Civil War and The Five Greatest Criminal Trials of History, which covers his judgment in the trial of the miller Arnold.
Literature on point:
Baden-Württemberg, Städtliche Schlösser und Gärten, “Ein Geist im alten Schloss: Die graue Frau,” Altes Schloss Hohenbaden.
Betty Boles Ellison, The True Mary Todd Lincoln: A Biography (Jefferson, NC: McFarland, 2014).
Jan von Flocken, “Die weiße Frau – ein Gespenst macht Geschichte,” Welt (Oct. 7, 2007).
**Ignaz Hub, “Die Graue Frau von Hohenbaden,” in Badisches Sagen-Buch II, August Schnezler, ed. (Karlsruhe: Creuzbacher & Kasper, 1846), 180-184.
*Mary Todd Lincoln to Eliza Slataper, Feb. 17, 1869 (in Turner, 26-27).
Literarisches Colloquium Berlin, “Die graue Frau,” Literatur Port (2015) [gray lady of Caputh].
Stephanie Graham Pina, “The Grey Lady,” Pre-Raphaelite Sisterhood (April 19, 2017).
Justin G. Turner, “The Mary Lincoln Letters to Mrs. Felician Slataper,” Journal of the Illinois State Historical Society 49(1):7-33 (Spring 1956).Read More
Historians are a bit like detectives. They sift through evidence, weigh it, and try to leave no stone unturned.
But when they publish their results, they’re a bit like lawyers. They need to be objective enough to gain the credibility of the judge and jury, but they are still advocating. They back up their historical observations with evidence and try to draw new conclusions.
In the following guest blog, historian Shelby Harriel uses the same analogy as a springboard into her research into women Civil War soldiers. Those female warriors were actually committing a crime. They also violated the norms of Victorian society. Because of that they covered their tracks and concealed their true identities. Sometimes the army even destroyed the evidence if they were caught.
That makes women Civil War soldiers hard to research. But their contributions to the war were invaluable; the research adds a new layer of understanding to Civil War history. Shelby Harriel is writing a book on women Civil War soldiers. I met her online, through her fascinating blog, Forbidden, Hidden, and Forgotten: Women Soldiers of the Civil War, and invited her to write a guest blog. You can read more about Shelby and her book below.
Here’s Shelby Harriel with her guest blog:
I was delighted to meet Ann Marie recently. As bloggers, researchers, and writers, we share similar experiences. We also share a love of history. So I was extremely honored when she asked me to contribute a guest post. Beyond the aesthetically pleasing nature of her blog, Ann Marie has some very interesting content among her writings, most of it dealing with true crime. It made me think of how I, as a historian, am like a detective in my search for women soldiers of the American Civil War, 1861-1865.
Hundreds, perhaps thousands, of women disguised themselves as men and fought in the Civil War. We’ll never know exactly how many there were.
Victorian society was strictly defined. Women were supposed to be passive and remain in the domestic sphere. They were expected to create life, not take it. Therefore, the government did not allow Victorian women to serve in the military. War was the domain of men.
Clothing defined the genders. Women did not wear pants. Doing so resulted in imprisonment and/or a fine, not to mention the shame that discovery would bring themselves and their family.
So when women traded in their hoop skirts for army trousers, not only did they defy the morals and mores of the times, which was unacceptable behavior, they were also breaking the law.
It is difficult to think of these women Civil War soldiers as criminals, especially since many of them made the ultimate sacrifice and lie buried in graves right next to the men with whom they served. But, by definition, women soldiers were committing a crime. (And so were the hundreds of thousands of boys under 18 years old who lied about their age in order to fight.)
The Crime Scene
Women are reported to have fought in every major battle of the American Civil War. They were there from the beginning to the end.
The Motives of Women Civil War Soldiers
Why would these women risk their reputation and lives for a society that did not desire their service? There were several reasons. A majority of them enlisted in order to avoid being separated from a loved one. Others were trying to escape an oppressive situation. Economic factors drove some women. Disguised as men working in masculine-only professions, they could make more money than they ever could in the few jobs available to Victorian women. Patriotism motivated some women to enlist while others were simply seeking adventure, not unlike their male counterparts. Love, fear, money, duty…motives common to any good mystery story.
Civilians, common soldiers, high-ranking officers, and even well-known generals bore witness to women serving in the military during the Civil War.
Documentation is the backbone of any historian’s arguments. The same goes for a criminal investigator. Without supporting evidence, there is no case. And sometimes, acquiring this evidence and documentation is challenging. Just like investigators of a criminal case, researchers who delve into the topic of women Civil War soldiers must overcome the obstacle of subterfuge. In order to serve in the military, these women had to disguise themselves. They cut their hair short, wore clothes that Victorians weren’t accustomed to seeing them wear, and assumed an alias. (Some men did this, too….enlisted under an alias that is.) When discovered, some women soldiers not only told newspaper reporters the wrong male aliases they used, but they sometimes provided a false feminine name, if any at all. Remember, it wasn’t that difficult for Victorians to assume a new identity. They didn’t have birth certificates or forms of identification.
How does one find an individual who doesn’t want to be found?
Chasing phantom identities
Before anyone may choose to venture into this realm themselves, I would suggest purchasing a box of hair color to hide the gray hair that will be infesting your head. Eat chocolate. And develop an exercise regimen to relieve the stress. Eat more chocolate and understand that you’re not going to find all of the answers.
A good place to start an investigation is to read secondary sources. But proceed with caution. Both period and contemporary accounts may contain errors. Some researchers can be careless. On the other hand, it may not necessarily be the fault of the authors. Most historians do the best they can with the evidence available to them at the time. It is the job of subsequent generations of researchers to uncover new findings and advance the historical narrative. And this is why it’s important to instill the love of history in young people. As archives continue to digitize more records, the more information people from all over the world will have access to. This is exciting!
After scouring secondary sources for names, dates, regiments, etc., I enter the information in a genealogy website to see if I can discover the true name of the woman soldier, attempt to complete her story by finding out what happened to her after the war, or determine whether she existed at all.
I also like to search newspaper archives for period articles. Again, the information may be wrong. Names were sometimes spelled phonetically, and an incorrect unit may have been mistakenly recorded. Furthermore, the woman soldier may have chosen to lead the reporter astray in order to protect the reputation of herself and her family. Or the reporter may have chosen to take an otherwise true story and embellish it with exciting….and incorrect….details. And some newspaper editors simply made up the story entirely. They were trying to make a living by selling newspapers, after all. I try to collect as many articles as I can about an individual woman soldier. Even though all of them may contain the same basic information, one unique sentence in a single article can make the difference in piecing together the true story.
All investigators question the witnesses… or they’re supposed to. Since all of the individuals involved in my realm of research have all passed on, it is necessary to acquire their testimony by investigating their letters and diaries. I always feel as if I’m being rude by invading someone’s personal space, but at the end of the day, they’re not around to protest. And these primary sources provide a wealth of all sorts of interesting information. Again, one must proceed with caution. Soldiers sometimes merely reported camp rumors and were not personally privy to the events they were writing about. On the other hand, I have discovered information in a letter or diary that validated a newspaper article or was a completely new find. One thing is for sure. These missives are not tainted with political correctness! Other primary sources such as regimental histories, prison records, court martial transcriptions, and provost marshal documents also provide invaluable information. Some of these particular records that I have examined have supported the claims of some women Civil War soldiers while debunking others.
Service records are the gold mine of military records. One can learn all sorts of information from them: when and where a soldier enlisted, a physical description, an antebellum occupation, when and where the soldier was mustered out, any prison records, some medical records, and any duty the soldier was assigned to. To a lot of people, service records are the smoking gun. According to some, if none can be found, this is enough to disprove a woman soldier’s service. “If they don’t exist, you must omit!” Ah, but a prosecutor doesn’t need the murder weapon or even a body to get a conviction. In the case of women Civil War soldiers, a lack of service records does not necessarily equate to a lack of service. For example, there is an account of a woman killed by an exploding shell during a particular battle. The story is supported by a future president of the United States, his future brother-in-law, who was a surgeon standing next to the soldier when she was killed, and several private soldiers who recorded the event in diaries and letters. The surgeon provided enough details to narrow down a possible unit that the soldier belonged to. So off I went to search for her service records. Two months later, my aching eyes and I were unable to locate any. Nor have I been unable to find any newspaper articles about the event. Yet it happened.
Here’s another example. Enter Exhibit A, carded medical record and discharge document for Mary Scaberry, alias “Charles Freeman,” of the 52nd Ohio Infantry. Obviously, she served….until she went into the hospital with a fever and ultimately discharged for “sextual incompatibility” after her true identity was discovered. In addition to this card, newspaper articles document her story as well. But yet there are no service records for her. Nor does she appear on the unit’s roster. So what happened to her records? It could be that they were inadvertently lost or destroyed over time. Or officials could have deliberately expunged them. Officers were often embarrassed and angry when a woman was discovered in their unit. They had just been fooled after all. Also, if a woman was hired as an officer’s servant or orderly, there wouldn’t be any service records because she wouldn’t have been mustered in. Yet she would have worn a uniform and experienced the same trials with the rest of the members of the regiment.
As for Scaberry, just like her service records, her ultimate fate also remains a mystery at this time. After she was discharged, she went home to Columbus, Ohio, only to be spurned by her father. Seeking employment, she then made her way to Chicago where she encountered a guard at Camp Douglas who made fun of her. She promptly beat him up which landed her in police court. The judge felt sorry for her and released her. She then vanished from history, rendering the tale of her life incomplete.
Women Civil War Soldiers: Tough Cases to Prove, But Valuable Contributions to History
As we have seen, researching women Civil War soldiers is much like any courtroom drama in film or text. The evidence is gathered, crime scene investigated, witnesses interviewed, and trials held. However, unlike most crime stories, there is no dramatic final scene….no dramatic presentation of the final piece of evidence to deliver the coup de grace as it were. But just as in these crime stories, the process of bringing the truth to light is the ultimate goal. However, there is no jury to decide the fate of these women. It is up to all of us to help solve this century old “crime.” The book never closes on a murder and it is my hope that the book will never close on the gallant and mostly unknown deeds of these courageous women.
Thank you, Shelby!
About Shelby Harriel:
Shelby Harriel received her B.A. in History with a minor in mathematics in May 1997 and her M.Ed. with an emphasis in mathematics and history in 2005. She earned both degrees from the University of Southern Mississippi. Shelby has been teaching mathematics at Pearl River Community College since 2007.
While her career has always revolved around mathematics, Shelby actively pursues her passion for history through research, exchanging ideas, and speaking to the public. For her efforts, Pearl River Community College bestowed upon her the Outstanding Humanities Instructor award in 2014. She is also a member of the speaker bureau of the Mississippi Humanities Council.
“The Third Mississippi Infantry and Hancock County”
“A Different Look at the Yankee Invaders: Two Women Disguised as Male Soldiers in Louisiana”
“A ‘Hole’ New Perspective: A Woman Soldier at the Crater”
“Bully For Her: Women Who Served Openly as Women”
Shelby is currently writing a book on women soldiers of the Civil War, Forbidden, Hidden, and Forgotten: Women Soldiers of the Civil War.
You can follow Shelby on Facebook too, where you’ll receive updates about her book.
An Interview with Author Kim Murphy
Every once in a while, a book comes along that shifts the tectonic plates in my understanding of history.
I used to practice law and was the prosecutor for parole revocation hearings in a ten-country region for Washington State. I’m familiar with elements of the crime of rape. I’m familiar with the questions defense attorneys pose about consent during cross-examination. You’re probably familiar with them too from crime films and books.
What the public never saw was the rape victims in my office when I prepared them for the hearings. They wept. They vented anger. And often, they oozed fear and frustration. It’s not easy to face your rapist in the courtroom, but it’s necessary if we want to send the rapist to prison. Without question, the hardest part of my job as a prosecutor was to lend courage to a frightened rape victim, to convince her to put her fears aside and take the witness stand for the public good.
I wasn’t always successful.
Nevertheless, once a victim agrees to testify, our modern criminal justice system takes a pretty good stab at sifting guilt from innocence, and I naively assumed that had always been the case in United States history. I never realized how much rape laws had changed over time.
My introduction to 19th-century rape laws
Never realized, that is — until I read Kim Murphy’s I Had Rather Die: Rape in the Civil War. Murphy’s non-fiction book is not only a survey of rape in the Civil War but an eloquent testimony to prejudice. Prejudice against African Americans, prejudice against foreigners, and above all, prejudice against women. Prejudice that happened in the very location that’s supposed to be the most impartial place of all: the courtroom.
Kim Murphy joins us for an interview about rape in the Civil War. Watch out for the double standard she offers of a criminal soldier who holds a gun to two victims’ heads, a man’s and a woman’s. Look out for her discussion of Sir Matthew Hale and 19th-century rape laws. And take note of the age of consent. Those are things I never learned in law school. They shocked me to the core. And I think they will shock you too.
You can read more about Kim Murphy below.
If this post changes your understanding of the history of rape laws, please leave a comment below. I’d love to hear from you.
Welcome, Kim Murphy!
What got you interested in the subject of rape in the Civil War?
While researching my Civil War fiction, I kept coming across the topic of rape. Some Civil War historians stated that it was uncommon or “rare.” Originally, I took them at their word, but the more I researched the war, I began to doubt their claim. I thought it was time the women involved had a voice, which is why I ended up writing I Had Rather Die: Rape in the Civil War. The title comes from a woman’s testimony during a court-martial. She said she’d rather die than to have been raped.
Some authors claim the Civil War was a “low-rape war.” Why has this view been so entrenched?
I think part of the view comes from the fact that few soldiers were executed for the crime of rape during the war. With rape being a capital crime during the 19th century, some historians have used that basis for their “low-rape war” belief. As time went on, the belief was repeated without any facts behind it. Some, I believe, also romanticized the war, claiming the soldiers from the Civil War practiced gentlemanly “self-restraint.” Such a belief ignores the problem we still deal with today, where most rapes are never reported.
What do the facts say?
Researchers E. Susan Barber and Charles F. Ritter state that approximately 450 sexual crime cases were heard in Union courts-martial. I personally found over 400 accounts of molestation or rape in the Civil War for my database. Although most were court-martial cases, not all were. Some came from diaries, letters, newspapers, and the Official Records of the two armies. The latter sources show that many cases never made it to trial. The men who were actually charged with the crime rarely got more than a slap on the hand. Some of the sentences were ridiculous, such as their heads being shaved and their getting drummed out of their regiments.
As for the statistics of STD cases, the official report from the United States Surgeon General’s Office stated there were 109,397 cases of gonorrhea and 73,382 cases of syphilis among the U.S. white troops. This report doesn’t include black soldiers or the Confederates. If the Confederate records ever existed, I’m sure they were lost along with most of their other records at the end of the war. In any case, these statistics show that gentlemanly restraint was somewhat lacking.
Are you able to draw any broad conclusions based on the data for rape in the Civil War?
Of the rapes that were reported and went to court-martial, black soldiers frequently received harsher sentences than white soldiers. Of the white soldiers, foreign-born soldiers were more likely to receive harsher punishment. Nearly thirty soldiers were executed for rape or attempted rape. More than half were black, even though they made up 10% of the Union forces. Most of the white soldiers who received the death penalty were accused of other crimes in addition to rape.
As for the victims, conclusions are difficult to arrive at since most rapes are never reported. Those that went to court-martial, upper-class white women were believed more often than poor white women or black women. Poor white women and black women essentially had to prove their cases, since both were regarded as “promiscuous.”
Another factor that many don’t take into account is that during wartime, most reported rapes are during times of occupation. At other times, armies were on the move or engaging in combat. During these times, the authorities had difficulty finding enough officers for judges to hold a court-martial, and women who had been raped wouldn’t have known to whom or where to report the crime.
There are more recorded instances of Union rapists that Confederate rapists. Why is that?
Many of the Confederate records were lost during the retreat and burning of Richmond. Even though few records remain, however, similarities can be seen. Women had to prove they had been raped.
The most shocking thing about your book, at least for me, was the state of the rape laws in the 19th century. Why was a woman required to fight for her life before a court would consider it a rape?The rape laws for all of early America came from Sir Matthew Hale, an influential 17th-century English judge:
It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered, that it is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent.
His words echoed throughout courtrooms well into the late-20th century. Basically, his declaration laid the groundwork that women frequently lied about being raped, and it was very difficult for men to prove their innocence. At the time of the Civil War, chastity was regarded as a virtue, so a woman was expected to put up a fight in order to be believed. If she had no bruises or any kind of trauma to her body, she was regarded with suspicion and believed to have most likely given her consent.
An interesting side note: Sir Matthew Hale was also a judge for witchcraft trials. At least two women were hanged when he presided.
So if a man held a gun to a woman’s head and said he would kill her, and if the woman was scared to death and submitted, that would have counted as consent? And did that actually happen?
Yes to both questions. In one particular case, Private Ennis went to the home of Mary Harris in North Carolina. At gunpoint, he asked the women of the household if either would have sex with him. When they said no, he threatened them.
Mary said she was an “old woman with a heap of children.” The private turned to her daughter, Caroline. He took her to another room and locked the door behind them. At that point, he put his gun down, then raped her.
On the same day, Ennis had robbed another man at gunpoint, then attempted to rob another. The second man was also armed and turned Ennis in to the authorities.
At the court martial, Caroline was repeatedly badgered by Ennis in cross-examination. During the Civil War era, the accused often couldn’t afford an attorney, and there was no right to free representation during this time, so the defendants frequently represented themselves. As a result, a woman often faced intense questioning from her rapist.
Ennis never denied what happened but claimed that Caroline “yielded from fear of death.” He was found not guilty for rape, but guilty on the robbery charges, even though the man offered no resistance during the robbery.
And the age of consent was ten? Are there cases of girls that young who got raped and were deemed to have consented?
The age of consent was ten in most states. Kentucky, Virginia, Indiana, and Iowa set the age at twelve. Arkansas established the age to coincide with a girl’s first period, which tended to be several years later than modern girls.
If the case went to trial, a girl of ten was more likely to be believed than an adolescent or an adult. Many girls’ ages, especially slaves, were not given in the records, so it’s anyone’s guess as to how old some were. So yes, I’ve come across records where young girls were raped and said to have consented. When young girls were involved, the soldiers were found guilty more often, but the girls were still frequently asked questions during the testimony as to whether they had contributed to the act.
In one case of a ten-year-old girl, she was raped at gunpoint. A doctor confirmed she had been raped and feared she might die from blood loss. Yet, at court-martial, she was asked questions that indicated she might have tempted her rapist by touching him. The private was found guilty on several charges in addition to rape and was sentenced to be shot, but most of the charges, including rape, were dropped on a technicality because the locality where the rape had taken place wasn’t listed. In the end, the private escaped to Canada.
What has been the scholarly reaction to your book?
I’ve received a couple of excellent reviews, including one from Choice, but the Civil War historians have pretty much ignored the book. I have a feeling they find the topic of rape in the Civil War uncomfortable.
Thank you, Kim!
About Kim Murphy:
Award-winning author Kim Murphy has written historical and historical-fantasy fiction. Her published articles consist of a wide range of subjects, from seizures in the Belgian sheepdog to various topics of the 17th and 19th centuries. From her research for her fiction, Kim learned that historians incorrectly assumed rape was rare during the Civil War. Seven years of researching and writing went into her only nonfiction title to date, I Had Rather Die: Rape in the Civil War. The title was taken from a rape survivor’s testimony during a court-martial case. Her Civil War ghost stories, Whispers from the Grave and Whispers Through Time, have won several awards, including ForeWord Magazine’s Book of the Year Award, an IPPY (Independent Publisher Book awards), as well a nomination for RT Reviewer’s Choice award.
Kim Murphy maintains a website at www.kimmurphy.net.
Undercover Female Detectives
Men can do some things better than women. It’s no different in the world of undercover investigation. Men’s strength and ability to infiltrate male society makes men uniquely suited for certain undercover tasks.
But women can do some things better . They can more easily gain the confidence of other women. They’re sometimes better at reading nonverbal signals. In the 19th century, people were less likely to suspect a woman of spying than a man. Allan Pinkerton, founder of the Pinkerton Detective Agency, recognized that. Pinkerton’s became the first detective agency in America to employ female PIs.
Pinkerton Hires Kate Warne
Pinkerton had only been operating his detective agency for one year when a young widow entered his office seeking a most unusual job, at least for a 19th century woman. Kate Warne wanted to become a detective. Pinkerton dismissed the idea at first, but Warne was persistent. A woman is far better in worming out secrets from other women, she pointed out. A female detective can befriend wives and girlfriends of suspects and charm her way into their confidence. Besides, men tend to become braggarts in the presence of females. Who knows what they might say?
Pinkerton, impressed with her arguments, hired Kate Warne in August, 1856.
An Expert in Disguises
She was an immediate success. Kate Warne’s had a talent for disguises and could mimic foreign accents. Allan Pinkerton could count on her to slip into any social setting without arousing suspicion.
Her first case dealt with embezzlement in a delivery firm. By befriending the suspect’s wife, Warne gleaned crucial evidence. Combined with evidence obtained by the other detectives, it was enough to convict the thief.
Kate Warne later helped solve a murder case. The murder suspect’s girlfriend, Pinkerton determined, was the type to fall for a fortune teller. Warne disguised herself as a fortune teller and started telling fortunes in the girlfriend’s town. The girlfriend came for a consultation. Armed with confidential information about the girlfriend that Pinkerton’s detectives had obtained, Warne gained the woman’s trust. Convinced that Warne really had powers, the girlfriend confided her secrets, which helped lead to an arrest.
Abraham Lincoln Assassination Plot
Kate Warne’s most famous case involved Abraham Lincoln.
In 1861, Pinkerton sent Warne to Baltimore to scout out rumors of a plot to assassinate President-elect Lincoln en route to Washington, D.C. Warne adopted a southern accent, and posing as a belle from Montgomery, Alabama, she charmed her way into Baltimore society. Kate Warne not only confirmed the plot, she could provide new details. Agitators planned to kill Lincoln as he transferred by carriage from Baltimore’s north train station to the south train station.
Lincoln hired the Pinkerton Detective Agency to protect him, and part of Pinkerton’s plan was to send Lincoln to Washington, D.C. ahead of schedule. Kate Warne accompanied him. Lincoln abandoned his signature cylinder hat and wrapped himself up in a shawl. Warne played a sister travelling with her “invalid brother,” even embracing him and greeting him as a brother. The rest is history, because Kate Warn successfully delivered the president-elect to Washington, D.C.
Pinkerton hired several female detectives but made Kate Warne their superintendent. Unfortunately, Kate Warne didn’t survive long after the Civil War. She caught pneumonia and died in 1868. No contemporary images survive, and even her true name is unclear. She went by a variety of names ranging from Kate Warne to Kitty Warren. Her cover was so good, in fact, that it is hard to track her down in the archives today.
Whatever her true name was, Kate Warne played a role in American history and did it well.
Which of Kate Warne’s accomplishments impress you the most?
Literature on point
Allan Pinkerton, The Somnambulist and the Detective; The Murderer and the Fortune Teller (New York: G. W. Dillingham: 1875)
Allan Pinkerton, The Spy and the Rebellion (Toronto: Rose, 1884)
Eve Stephenson, Pinkerton’s Belle: Kate Warne, America’s First Female Detective (2013).Read More
No history of a war is complete if it focuses solely on men. Women’s experiences, at home and on the battlefield, shaped the postbellum world. Women, perhaps more than men, held society together during the war and rebuilt it afterwards.
Giselle Roberts uses diaries and letters to tell documentary stories about women of the American South. She joins us for an interview.
Giselle Roberts is an Honorary Research Associate in American History at La Trobe University (Melbourne, Australia), and co-editor, with Melissa Walker (Converse College), of the Women’s Diaries and Letters of the South series by the University of South Carolina Press.
You can read more about her biography below, or visit her website here. I’ve added some quotes by American women.
You live in Australia, Dr. Roberts. What got you interested in the American Civil War?
I was nineteen when I read the Civil War diary of Sarah Morgan. I discovered it in my local bookshop one Friday afternoon. For weeks I picked up the book, and put it back on the shelf. I was intrigued, but not entirely convinced it was a story for me. Sarah was a young, white, upper-middle-class woman from Baton Rouge, Louisiana. Her family were slaveholders and she was a loyal Confederate. I wasn’t a historian, and the story didn’t resonate with me as a reader. I hesitated. Then one day, I bought it.
The book was Charles East’s edition of the diary; the first time Morgan’s account had been edited and published in its entirety. I read the first few pages, and I was hooked. I finished the book that weekend.
I was in my first year of an Arts degree, studying Australian politics and reading book after book on the American Civil War. I discovered that La Trobe University’s American history faculty was ranked in the top three in the southern hemisphere, changed my major, and studied under Pulitzer Prize winner Rhys Isaac and acclaimed labor historian, John Salmond. I received my PhD in 2000. I have published three books since then, including the courtship correspondence of Sarah Morgan and Francis Warrington Dawson. After reading Sarah’s Civil War diary, I wanted to know more!
“I only wish that the doctors would let us try and see what we can do!” – Kate Cumming, Confederate nurse
How is a documentary edition different from a monograph?
Documentary historians edit and annotate primary source material to tell a story. Editors can, and do, work with professional sources such as account books or government documents. Others, like myself, work with first person accounts such as diaries, correspondence, editorials, oral history interviews, speeches, or memoirs. Historians studying the twentieth century have a new frontier at their disposal, including email and blogs. Whatever the source, it’s the editor’s job to provide the narrative structure, the genealogical and historical context, and the interpretive framework to allow the reader to navigate, and appreciate, the story.
“We hear nothing, can listen to nothing; boom, boom goes the cannon all the time. The nervous strain is awful, alone in this darkened room.” – Mary Chestnut, southern diarist during the Civil War
What kind of books are in the Women’s Diaries and Letters of the South series by the University of South Carolina Press?
The Women’s Diaries and Letters of the South (WDLS) series publishes documentary editions of letters, diaries, memoirs, editorials, and oral history interviews created by women residing in the American South from the colonial era to the present day.
The series has a strong Civil War collection. We have published the diaries and letters of doctors, plantation mistresses, and young women. One of my favorite books in the series is A Northern Woman in the Plantation South: Letters of Tryphena Blanche Holder Fox, 1856-1876. Tryphena was a teacher from Massachusetts who married a doctor from Plaquemines Parish, Louisiana. Her correspondence provides a middle-class portrait of life in the South from the late antebellum period through Reconstruction. It is fascinating indeed.
We have also published several books on twentieth-century women, most notably Melissa Walker’s Country Women Cope with Hard Times, a wonderful collection of oral history interviews with women from eastern Tennessee and western South Carolina. As daughters and wives, they milked cows, raised livestock, planted and harvested crops, worked in textile mills, sold butter and eggs, and practiced remarkable resourcefulness.
We have several exciting book projects in production, including an anthology on the Progressive Era featuring the documentary stories of nine remarkable women.
“Oh mother! you northern people know nothing of the horrors of war…” — Tryphena Blanche Holder Fox, teacher from Massachusetts who married a doctor from Plaquemines Parish, Louisiana
History, especially, military history, is so often a man’s world. How do women’s diaries and letters contribute to our understanding of Civil War history?
Women’s letters and diaries of the Civil War era mostly provide us with a privileged white view of the home front. In the South, which is my area of specialization, white women wrote about their struggles to maintain domestic life in the face of mounting Confederate defeats, Union occupation, the loss of slaves, and a crippling economy of scarcity.
But it’s not the only view we have: there were women on both sides who were spies, soldiers, and nurses. Some women lived with their husbands in military camps, and wrote home about their experiences.
Documentary stories allow us to peek through a window into the random, messy complexity of human experience in another time and place. It’s wonderful to know what women thought about the war effort and nationalism, but I also find the glimpse into their everyday lives most intriguing.
“A woman is like a tea bag – you never know how strong she is until she gets in hot water.” – Eleanor Roosevelt
What are you researching now?
At the moment, my research has moved into the late nineteenth and early twentieth centuries. Melissa Walker and I are currently editing a book on the Progressive Era. The thing I enjoy most about this period is the documentary diversity. In the nineteenth century, diaries and letters were overwhelmingly written by privileged white women. By the early twentieth century, we find a growing body of material by African American women, for example. Our new book will feature a range of women from different backgrounds, and that is very exciting. We are working with several contributors who have identified some remarkable documentary stories.
“But alas! nothing that I had ever heard or read had givien me the faitest idea of the horrors witnessed [in the hospital ward].” – Kate Cumming, Confederate nurse
How often to you make it to the United States?
At least once a year. Since I took up the position as co-editor of the WDLS series, I have travelled annually to South Carolina. I love “talking shop” with Melissa and Alex Moore, our wonderful acquisitions editor at USC Press. Of course, no trip to South Carolina would be complete without some time in Charleston, my favorite city in the United States. The Lowcountry is magical – Charleston, Beaufort, and Bluffton make a delightful road trip. Then there is the food. After a day of exploring, I always look forward to sampling the local dishes such as shrimp and grits, and a slice of coconut cake, of course!
What’s your favorite book on the Civil War Era?
There are so many wonderful books! Scarlett Doesn’t Live Here Anymore by Laura Edwards examines the lives of slaves, free blacks, poor whites, and the white elite, and is a comprehensive introduction for those wanting to learn more about women of the South. Nina Silber’s Daughters of the Union provides a wonderful overview of the different struggles that confronted northern women during the war.
Anne Sarah Rubin’s A Shattered Nation is a brilliant examination of Confederate nationalism, and Stephen Ash’s A Year in the South: Four Lives in 1865 is an important book and a joy to read.
My favorite documentary editions include Sarah Morgan’s diary, A Southern Woman of Letters: The Correspondence of Augusta Jane Evans, and Lisa Grunwal’s and Stephen Adler’s epic collection, Women’s Letters: America from the Revolutionary War to the Present. To make sense of it all, Kimberly Harrison’s The Rhetoric of Rebel Women examines the ways in which the everyday speech of privileged white southern women contributed to the culture of the Confederate home front. It’s a great book.
And, of course, I am looking forward to PBS’s Mercy Street. Anya Jabour, author of Scarlett’s Sisters, worked as a consultant on the series, so we are assured of its historical accuracy.
“Oh! what a luxury it is to weep…” – Augusta Jane Evans, southern author
Giselle Roberts is author of The Confederate Belle (University of Missouri Press, 2003), and editor of The Correspondence of Sarah Morgan and Francis Warrington Dawson (University of Georgia Press, 2004) and A New Southern Woman: The Correspondence of Eliza Lucy Irion Neilson, 1871-1883 (University of South Carolina Press, 2012).
Her articles on Sarah Morgan Dawson have appeared in Lives Full of Struggle and Triumph: Southern Women, Their Institutions, and Their Communities (University Press of Florida, 2003), and the South Carolina and Louisiana editions of Southern Women Lives and Times (University of Georgia Press, 2010 and 2016).
Giselle Roberts has published over 60 book reviews in scholarly journals including the Journal of American History, Journal of Southern History, Journal of Women’s History, South Carolina Historical Magazine, and Civil War Book Review.
Which women do you admire for the roles they played during a war?
Anatomy of a No-Body Murder Case
This was a prosecutor’s nightmare.
Jessica O’Grady’s made her last cell phone call to her friend Keri Peterson at 11:29 pm on May 10, 2006 in Omaha, Nebraska. The 19-year old was near her boyfriend’s home. At 11:48 pm, she called her boyfriend, and 45 minutes later texted Keri.
No one ever heard from Jessica again.
When Jessica didn’t return home to her roommates and pet cat, her friends consulted with each other and bombarded her cell phones with messages. Jessica never answered. Two days later, Jessica’s aunt checked in with Jessica’s mother, who had no explanation for the girl’s disappearance. Jessica’s uncle called the police. Concern mounted when she failed to show up for work, pick up her paycheck, and didn’t show for a softball game.
In the course of questioning all the people who’d recently been in contact with Jessica, the police paid a visit to the boyfriend. He allowed them to search his bedroom, and when the police flipped his mattress over, they found it drenched with damp blood. There was so much blood the police were certain someone had either died or was in critical medical condition. Luminol showed blood splatters around the room. Further examination showed the boyfriend had tried to cover them up with white paint. DNA testing later proved it was Jessica’s blood in the mattress and splattered around the room. And the boyfriend’s browsing history showed he was studying human arteries the day before Jessica disappeared.
The boyfriend, Chris Edwards, never admitted to doing anything to Jessica. He insisted the blood had a simple explanation: Jessica had her period. You can view a photo of the mattress by clicking here and scrolling down to March 28, 2008.
What do you think? Crime or natural causes?
But where was Jessica? Intensive search efforts failed to recover a body and Edwards remained tight-lipped. Identification of a murder weapon was uncertain.
The prosecutor had a tough decision to make. A no-body murder case is the hardest to prove. And the prosecutor has only one chance. The constitutional double jeopardy clause protects defendants from being tried more than once for the same crime, even if a body is found later. For that reason, many prosecutors prefer to wait for the discovery of a body.
Jessica’s case was once of those rare instances in which a prosecutor went forward with a no-body murder prosecution and secured a conviction. John Ferak’s recent book, Body of Proof, provides excellent background into Jessica’s case if you want to read more. The case became more complicated after the conviction because a detective was convicted of planting evidence in other cases.
Trying No-Body Murder Cases
I still remember learning about no-body murder cases in law school. The hard part is proving someone died without a body. A killing is an element of the crime of murder, and the best way to prove a killing is with a dead body. Without the body, there is always a chance the victim could turn up somewhere, alive.
Blood – lots of it – is the usual cornerstone of proof in a no-body murder case, our professor told us. You can couple that with expert medical testimony on how much blood loss would cause a death.
But how do you prove how much blood is in a mattress? Do you have to bore samples throughout the material to see how deep the material is saturated? In Jessica’s case, the defense tried pouring pig’s blood onto the same type of mattress to test how much blood the original mattress had, but getting the blood to saturate in the same pattern and to the same depth is an inexact science.
According to a new book on prosecuting no body murder cases, most evidence of the death fall into one or more of three categories: (1) forensic evidence, like blood loss, (2) a confession to a friend who snitches, and (3) confession to the police. And if it can pull together enough evidence, the prosecution often succeeds in obtaining a conviction. Prosecutor and author Ted DiBiase maintains a website listing 444 non-body murder trials in the USA as of June, 2015, and 80% of them were successful.
Abraham Lincoln Tried a No-Body Murder Case
Abraham Lincoln was without a doubt the most famous lawyer to have ever tried a no-body murder case. He and two other lawyers represented Archibald and William Taylor. They were charged with murdering another man.
Like Jessica, the victim had disappeared, and despite an intensive search, no body was found. The attorney general interrogated and plied the defendants’ brother for two days, who denied everything. But finally he gave in under pressure and said the defendants had confessed to the murder. He also offered a fourth category of evidence: eye witness testimony. He said he’d seen the defendants with a dead body. The prosecution thought it had an airtight case, even without a body.
But what Lincoln did next not only proved the pitfalls of any no-body murder case, it also showed the danger of an over-enthusiastic police interrogation leading to a false confession. Lincoln found the victim alive. A man named Myers arrived in Springfield, bringing the victim “in full life and proper person.” The victim suffered from amnesia and could not explain why he had left the defendants and disappeared. But dead he was not, and the judge dismissed the case.
Lincoln later published a short story about his no-body murder case, which might have made him the first true crime author in U.S. history. You can read his story here.
If you were sitting on a jury, what kind of evidence would convince you of a murder even if no body had been found?
Literature on point:
Michael Burlingame, Abraham Lincoln: A Life, vol. 1 (Johns Hopkins University Press, 2008)
Tad DiBiase, No-Body Homicide Cases (CRC Press, 2014)
John Ferak, Body of Proof: Tainted Evidence in the Murder of Jessica O’Grady? (Evergreen, CO: Wildblue Press, 2015)
Abraham Lincoln, The Trailor Murder Mystery (public domain)Read More