<Interracial Marriage and State Laws>
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Calvin Ruff and Libby Lightburn
Start Year : 1885
Calvin Ruff, who was white, was the son of J. Q. Ruff, a wealthy man in Galveston, Texas. Libby Lightburn was an 18 year old mulatto who had moved from Texas to Louisville, KY. In 1885, Ruff arrived in Louisville to ask Lightburn to be his wife. Interracial marriage was illegal in Kentucky, so the couple was married in New Albany, Indiana, where interracial marriage was also illegal, but since both were unknown, Ruff was able to purchase the marriage license as a Colored man. The state of Indiana had an 1840 law that made all white-black marriages null and void, and for those who married after the law was passed, if caught, the charge was a felony with the penalty of 10-20 years in the state prison. For more see "Marriage of Black and White," The New York Freeman, 06/27/1885, issue 32, Col. F; and T. P. Monahan, "Marriage across racial lines in Indiana," Journal of Marriage and the Family, vol. 35, issue 4 (Nov., 1973), pp. 632-630.
Subjects: Migration East, Interracial Marriage and State Laws
Geographic Region: Galveston, Texas / Louisville, Jefferson County, Kentucky / New Albany, Indiana
Birth Year : 1814
Death Year : 1888
Letitia Carson was a free African American woman who was born in Kentucky. She was one of the early African Americans to be listed in the U.S. Federal Census as living in Oregon. Letitia's husband was an Irishman named David Carson (1800-1854). The pioneering couple and their two children lived in Benton, Oregon Territory, according to the 1850 U.S. Federal Census. The couple had come to Oregon in 1844, and their daughter Martha was born around 1845, their son Adam around 1853. When David Carson died, Letitia and her children were left out of his estate settlement, and Letitia filed suit against the estate for her children's benefit. She won the lawsuit and settled on land she had purchased near South Myrtle Creek, today known as Letitia Creek. She is buried on the property. Letitia Carson was a well known mid-wife in the county. The Letitia Carson Pioneer Apple Tree was named in her honor; it is thought that Letitia planted the tree, and researchers named the tree while completing a cultural resource inventory of the property owned by Oregon State University. For more see R. Casebeer, "African American widow demonstrates spirit," Jefferson Public Radio, 08/20/2009. See also the "Friends of Letitia Carson" Facebook page for additional information.
Subjects: Medical Field, Health Care, Migration West, Interracial Marriage and State Laws
Geographic Region: Kentucky / Benton County, Oregon
Birth Year : 1875
Death Year : 1952
Henry Clayter was the son of Lizzie McGee and John Clayter. In 1906, Henry Clayter, described as a mulatto with white skin, attempted to elope with 15 year old Ora Gardner, a white hotel waitress. They had been seeing each other secretly at the hotel for two years. Clayter was about 30 years old and an Army veteran who, according to the U.S. Army Register of Enlistments, had served in the 24th Infantry, 1901-1904. He had just returned from the military when he took up with 13 year old Gardner. Interracial dating relationships in Kentucky had led to the lynching of African American men. Marriage between Blacks and whites was illegal in Kentucky for all involved, including the licensing clerk and the minister or judge. Clayter and Gardner attempted to get a marriage license in Illinois in 1906 but were denied because Gardner was underage. They were living together in Chicago at 563 State Street when both were arrested and taken to Louisville, KY. The authorities feared that Clayter would be lynched if returned to Irvington, KY, where he was to stand trial. The news of the couple's return to Kentucky had led to threats of violence between whites and Blacks in Irvington, and there was fear of a race riot. The whole affair of Clayter and Gardner was described as sensational and extraordinary in the newspapers. With extra security in place, Clayter was tried in Irvington and found guilty of carnal knowledge of a female less than 16 years old. He was sentenced to the maximum of 20 years in prison, but the sentence was later commuted by the governor; Clayter was released from Eddyville Prison in 1911. He married Mary Miller in Indiana in 1915 and died a widower in 1952 in Louisville, according to the Kentucky Death Records. Gardner was placed in a reform school and at the age of 18 was living at her parents' home in Hardinsburg, KY, according to the 1910 U.S. Federal Census. For more see chapter 2, "Race Relations" in A History of Blacks in Kentucky, by M. B. Lucas and G. C. Wright; "Negro lover," The Breckinridge News, 08/01/1906, p. 8; and A. Avins, "Anti-miscegenation laws and the Fourteenth Amendment: the original intent," Virginia Law Review, vol. 52, issue 7 (Nov. 1966), pp. 1224-1255.
Subjects: Military & Veterans, Interracial Marriage and State Laws
Geographic Region: Hardinsburg and Irvington, Breckinridge County, Kentucky / Chicago, Illinois / Louisville, Jefferson County, Kentucky
Conley, Nellie [Madam Sul-Te-Wan]
Birth Year : 1873
Death Year : 1959
Nellie Conley, an actress, was born in Louisville, KY, the daughter of Silas Crawford Wan and Cleo de Londa. In 1983, she was posthumously inducted into the Black Filmmakers Hall of Fame. Conley went by the name Madame Sul-Te-Wan, acting in early films such as Birth of a Nation and later films such as Carmen Jones and Tarzan and the Trappers. Prior to moving to California and acting in films, Conley had moved from Louisville to Cincinnati, Ohio. While there, she formed "The Black Four Hundred," an acting company that employed 16 performers and 12 musicians. The company was successful, as was a minstrel company that Conley established. Conley soon married and eventually moved to California. Two years later, she had just given birth to her third son when her husband left her. Her money was gone, so for a period of time Conley had to rely on charity. Times got better when she was hired by Kentucky native D. W. Griffith for the movie The Clansman; her pay was three dollars a day and increased to five dollars a day. She and D. W. Griffith remained friends for the rest of their lives, and she had bit parts in seven of his films. She also continued to perform in vaudeville, silent films, and talkies [films with sound]. In 1949, Conley married Anton Ebenthur, who was French; the couple married five years before interracial marriages were legal in California. According to writer Victor Walsh, Conley and Ebenthur were active members of Club Miscegenation in Los Angeles. [It has also been written that Conley was the mother of Ruby Dandridge (1900-1987) and the grandmother of Dorothy Dandridge (1922-1965).] For more see Biography Index. A cumulative index to biographical material in books and magazines, vol. 18: Sept. 1992-Aug. 1993; Directory of Blacks in the Performing Arts, 1st ed., by E. Mapp; The Negro Trail Blazers of California, by D. Beasley; and V. Walsh, "Women's History Month: Madame Sul-Te-Wan; Hollywood's first African American actress," Oakland Post, 03/19/1997, p. 8.
See photo image and additional information about Nellie Conley at BlackPast.org.
Subjects: Actors, Actresses, Businesses, Migration North, Migration West, Musicians, Opera, Singers, Song Writers, Grandparents, Minstrel and Vaudeville Performers, Interracial Marriage and State Laws, Movies and Films
Geographic Region: Louisville, Jefferson County, Kentucky / Cincinnati, Ohio / California
Eilers v Eilers [Anna F. Anderson]
Start Year : 1964
In September 1964, eight months after Anna F. Eilers married Marshall C. Anderson, the courts took her five children away. Anna, who was white, was from New Haven, KY. She had divorced her previous husband and father of the children, George Eilers, in 1963. Jefferson County Circuit Court Judge Lyndon R. Schmid awarded custody of the children to Anna. In January 1964, Anna and Marshall C. Anderson, an African American musician and restaurant employee, were married in Chicago, IL. [Marriage between the races was still illegal in Kentucky and 17 other states.] When they returned to Louisville, KY, the couple lost their jobs in retaliation for their marriage. George Eilers sued to have the children taken away from Anna, and Judge Schmid had the children placed in a children's institutional home. Anna and Marshall moved to Indianapolis, IN, in 1964, by which time the two oldest children had been placed in foster homes. Prior to their move, the Andersons had retained Attorney James Crumlin of the NAACP Legal Defense and Educational Fund, Inc. to help regain custody of the children. The custody case took place during the same time period that the Virginia Supreme Court had upheld the state's anti-miscegenation law in the Richard and Mildred Loving case [NY Times article]. The Andersons' custody case went to the Kentucky Court of Appeals in 1966, where the Appellate Court upheld the ruling of the Jefferson County Circuit Court. The case was next taken to the federal court where it became national news; it was the first appeal to the federal courts on constitutional grounds for child custody. The Andersons' case was temporarily linked to the Lovings' case, which was pending in the federal courts, and the results were expected to be landmark decisions. The link was broken when District Judge Henry L. Brooks declined to take jurisdiction over the Andersons' case because it was determined that the mother had not exhausted her appeals in the Kentucky courts, and the indirectness of the attack on the Kentucky miscegenation laws was a weakness of the case; therefore, there was no federal question. For a third time, the Anderson case was brought before the Kentucky Court of Appeals. The court reversed the judgment for proceedings consistent with the opinion. "No reason appears which would warrant interference with the custody order from which this appeal was taken. That order shall remain in effect until further order of the trial court or any court of competent jurisdiction." For more see F. Ward, "Mixed couple suffers ordeal," Jet, 04/07/1966, pp. 46-49, and "Mixed couple losses custody bid," Jet, 10/27/1966, p. 15 [both articles available full-text at Google Book Search]; B. A. Franklin's articles in the New York Times: "Kentucky facing race custody suit," 03/25/1966, p. 29, and "Judge bars case of miscegenation," 06/26/1966, p. 30; "N.A.A.C.P. to fight ruling on custody," New York Times, 07/08/1966, p. 12; and Anna Frances Eilers (now Anna Anderson), Appellant, v. George F. Eilers, Appellee, Court of Appeals of Kentucky, 412 S.W.2d 871: 1967 Ky, March 17, 1967.
Subjects: Mothers, Musicians, Opera, Singers, Song Writers, NAACP (National Association for the Advancement of Colored People), Court Cases, Interracial Marriage and State Laws
Geographic Region: New Haven, Nelson County, Kentucky / Louisville, Jefferson County, Kentucky / Chicago, Illinois
Kleizer, Louisa and Mary (sisters)
The following information comes from the unpublished manuscript Tracking Free Black Women in Bourbon County: the Intriguing Case of the Kleizer Women, by Nancy O'Malley.
As part of a larger ongoing project to gather information about free people of color, particularly women, in Bourbon County, Kentucky, the existence of two sisters, Louisa Warren and Mary Malvina Kleizer, was uncovered. They owned property and were businesswomen in Paris and both sisters eventually “passed for white”. They are thought to be the daughters of Bourbon County blacksmith Henry Kleizer, who died intestate in 1836, probably on his farm of 147 acres on the Iron Works Road. The inventory of his estate included “1 Negro woman and 2 children” valued at $800. On July 4, 1836, Henry’s father, John Kleizer, acting on his son’s request, freed the woman, 42 year old Jude, an African American, and her two mulatto daughters, 14 year old Louisa Warren, and 12 year old Mary Malvina. Sadly, Jude died of cholera in 1849.
On May 29, 1850, Louisa and Mary Kleizer purchased a house and lot on Main Street in Paris, KY, for $800 from William and Catherine P. Duke. The lot was part of in-lot 14 near the corner of Main and Mulberry (now 5th) Streets. The property corresponds to 428 Main Street where the City Club is now located. Louisa's 8 year old daughter named Ellen Burch, a mulatto, lived with the two sisters. When they were censused in 1850, Louisa was 24 years old and was not listed with an occupation nor could she read or write. Mary was 22 years old, also without an occupation, but was able to read and write. Ellen Burch had attended school during the year.
George W. Ingels, a white stable keeper, began a relationship with Mary Kleizer that resulted in the birth of four children by the next census in 1860. The two sisters, under the spelling of Cliser, are listed as living together in Paris and working as confectioners. Their real estate had increased in value to $1400, split between them, with a combined personal worth of $1000. Mary’s children included Jennie Elizabeth aged 8, Louisa aged 5, George W. aged 3, and Mollie aged 1.
In 1867, Mary and George moved with their children to Cincinnati, Ohio, leaving Louisa Kleizer and Ellen Burch in Paris, KY. Williams’ 1868 Cincinnati Directory listed George W. Ingels as a partner in the firm Arnold, Bullock & Co. James L. Arnold, Thomas L. Arnold, W.K. Bullock and George W. Ingels were wholesale grocers, commission merchants and liquor dealers at 49 W. Front Street. In the 1869 directory, George was associated with J. L. Arnold in a coal dealership under the firm name of Arnold & Ingels. George W. Ingels appears in the 1870 census for Cincinnati, Ohio, living with Mary who assumed his surname as did their children. Mary and her children are all identified as mulatto in this census. Two more children, Hiram, aged 8, and Birchie (a nickname for Burch), a daughter aged 5, had been born in Kentucky since the last census.
In the 1870 census, Louisa Kleizer is a notions and fancy goods merchant in Paris, KY, and her daughter Ellen Burch was working as her clerk. The 1860 census indicated that Louisa had married within the year, but no evidence was found to indicate that she had a husband. She is not listed with a husband in 1870.
In October of 1880, George and Mary Ingels sold Mary’s half-interest in the Paris Main Street property to Louisa Kleizer for $900. Louisa was living by herself by this time and was listed as a widow without an occupation. No record of any marriage was found in the Bourbon County records for Louisa Kleizer.
In the 1880 census record, Mary is still listed as mulatto, all of her and George’s children are listed as white. The family lived on Hopkins Street and was still living there in 1890. Mary and George Ingels lived in Cincinnati for the rest of their lives. By 1900, they were living on Wesley Avenue just a few blocks from their former home on Hopkins Street. The census taker incorrectly spelled their name as Engalls. George reported that he was 76 years old, born in February of 1824 and married for 47 years. He was a landlord. His wife Mary was identified as white rather than mulatto. She was 75 years old, born in February of 1825.
George W. Ingels died on July 23, 1901 and was buried in the Spring Grove Cemetery in Cincinnati. His “wife” followed him in death on May 24, 1907 and was buried beside him. [They could not have been legally married while in Kentucky since interracial marriage was prohibited, and they may never have formally solemnized their relationship. Interracial marriage was not legalized in Ohio until 1887. No marriage record has been found for George and Mary Ingels although they clearly considered themselves married.] All of their children remained in Cincinnati and were buried in the family lot at Spring Grove Cemetery.
Louisa Kleizer’s whereabouts are unknown between 1881 when she purchased an easement along an alley on one side of her property on Main Street in Paris, KY, and December 17, 1902 when she died in Massachusetts. Limited evidence suggests that she left Paris and moved to Springfield, Massachusetts where her daughter, Ellen Burch, was living with her husband, a white man named Charles Knight, and their children. After the Civil War, he worked as an armorer at the U.S. Armory until his death at age 65 on August 9, 1904.
Ellen, who went by the name Ella, also crossed the boundary between white and black. Her husband was a New Hampshire native who fought in the Civil War with a New Hampshire company and was awarded the Congressional Medal of Honor for meritorious conduct at the Battle of the Crater. Charles and Ella had three daughters, Clara Louise born in February of 1879, Sarah Elizabeth born in July of 1880, and Laura Gertrude born in July of 1883.
No record was found for Louisa Kleizer in the 1900 census in either Bourbon County or Massachusetts. Her death date was discovered in a deed that was filed when Ella Knight and her daughters sold Louisa’s property on Main Street in Paris, KY, in 1910. The deed stated that Louisa Knight had died intestate in Springfield, Massachusetts “about four years” earlier. The place of Louisa’s death was incorrect in the deed; she actually died in Northampton about 15 miles north of Springfield but was buried in the Oak Grove Cemetery in Springfield. Louisa's daughter, Ella M. Burch Knight, died in 1932, and she and her family are also buried in Oak Grove Cemetery.
Louisa’s death record confirms that her father was Henry Kleizer; her mother’s name is recorded as Julia rather than Judith with the surname Johnson.
Bourbon County deed books, County Clerk’s office, Paris, Kentucky
Samuel B. Kleizer to Henry Kleizer, July 20, 1833, Deed Book Z, p. 616.
William and Caroline P. Duke to Louisa and Mary Kleizer, May 29, 1850, Deed Book 44, p. 332.
George W. and Mary Ingels to Louisa Kleizer, October 27, 1880, Deed Book 65, p. 54.
Charles Henry and Louisa Singer to Louisa Kleizer, need date, Deed Book 65, p. 363.
Ella M. Knight, Clara Louise Knight, Sarah Elizabeth Knight, and Laura Gertrude Knight to W.W. Mitchell and William Blakemore, February 19, 1910, Deed Book 96, p. 330.
Bourbon County manumission book, County Clerk’s office, Paris, Kentucky, deed of emancipation from John Kleizer to Jude and her daughters, Louisa Warren and Mary Malvina, July 4, 1836.
Historical Census Browser, 2004, Retrieved 13 November 2013, University of Virginia, Geospatial and Statistical Data Center: http://mapserver.lib.virginia.edu
Inventory of Henry Kleizer, Bourbon County Will Book K, p. 204, June 14, 1836, County Clerk’s office, Paris, Kentucky
Federal censuses, Bourbon County, Kentucky and Hamilton County, Ohio; various years
Find-A-Grave website for George W. Ingels family
Paris True Kentuckian, October 4, 1871 issue (Original at the Bourbon County Citizen/Citizen Advertiser office in Paris)
Sanborn Insurance maps, Kentucky Digital Library website
For more information contact
Nancy O'Malley, Assistant Director
William S. Webb Museum of Anthropology and
Office of State Archaeology
1020A Export Street
University of Kentucky
Lexington, Kentucky 40506
Subjects: Businesses, Fathers, Freedom, Migration North, Mothers, Interracial Marriage and State Laws
Geographic Region: Paris, Bourbon County, Kentucky / Cincinnati, Ohio / Springfield and Northampton, Massachusetts
Kohler, Maximilian Philip "Maxie"
Birth Year : 1883
Death Year : 1951
Around 1917, Maxie Kohler was living in Paris, Kentucky when his race was questioned in newspaper articles printed around the country. As it was retold in the newspapers, his story started when Maxie and his sister were placed in an orphan home in Cincinnati, OH. At the age of eight, Maxie and his sister were said to be adopted by landowner Nat C. Rogers of Bourbon County, KY. Nat Rogers supposedly died, and the children went to live with his son, Roseberry Rogers. After Roseberry Rogers' death, his family members told Maxie Kohler that he was a Negro and should live with other Negroes on the farm, which he did. During the years of transition, Kohler lost track of his sister. He moved to Paris, KY, and owned a successful bricklaying business. He married and had two children, they were all recognized as Negroes in the Paris community. This was said to be the life of Maxie Kohler, until his long lost sister placed an ad in a Cincinnati newspaper seeking the whereabouts of her brother. Kohler is said to have answered the ad and he and his sister started corresponding by mail. His sister lived in Oklahoma and was unaware that Maxie had been told that he was a Negro. She sent her brother pictures of their parents and had other relatives send letters to Maxie to help convince him that he was white. Though, when Maxie Kohler's sister and other family members learned that he was married to a Negro woman and they had children, and that Maxie intended to stay with his wife and children, all correspondence ended. In 1917, Kentucky law forbid the marriage of Negroes and whites, and according to Maxie Kohler's story in the newspapers, he was in a bit of a quandary. - - [Sources: "Racial tragedy victim," The Milwaukee Journal, 07/01/1917, p.2; "Marries Negress; learns he's white," Arizona Republican, 07/25/1917, p.5; R. Montgomery, "Shall I defy law or break up my home?," The Day Book, v.6, no.237, 07/06/1917, p.14; and "Twenty-eight years Negro discovers he is white," Negro Year Book 1918-1919, 5th edition, pp.113-114]
The Maxie Kohler story was not the first of an interracial marriage in Kentucky, nor would it be the last. Kohler's story, as told in the newspapers, has a bit of untruth. His notoriety, whether intended or unintended, was short-lived. There is no mention as to how the story came to be published in the newspapers. There are no sources given in the newspaper articles; no quotes from Kohler, or his sister or other family members, or from anyone in the Rogers family. It should be noted that Nat C. Rogers (1841-1920) was still very much alive when Maxie Kohler, his wife Mary B. Embry Kohler, and their first two children were living in Paris, KY in 1917 [source: Nat C. Rogers' death certificate, File No.13002, Registered No.89]. Maxie Kohler and his sister could very well have been placed in an orphanage in Cincinnati, OH, by their parents, and were later adopted (in some sense of the word) by Nat C. Rogers and lived with the Rogers family in Bourbon County, KY, where Maxie was told that he was Negro. All of which would have made for a more challenging life for a young man trying to find his place in the world, though his life was far from a tragedy and there didn't seem to be a question of what to do.
Based on government documents, the following is known about Maximilian Philip Kohler: He was born in Cincinnati, OH to Max and Eva Kohler on June 4, 1883 [source: Kentucky Death Certificate State File No.11000, Registrar's No.81]. By 1900, he was listed as "white" in the census record, that particular year he was living with the Leu family in Ruddles Mills [Bourbon County], KY, and was employed as a servant [source: U.S. Federal Census, name misspelled as "Max Cohen"]. He is listed as "mulatto" in the 1910 census, and he had been married to a Black woman for 3 years; their names are misspelled as "Macks Cola" and "Malinda Cola" [source: U.S. Federal Census]. The couple lived on Higgins Avenue in Paris. Other information on the census record was that Max Kohler (Sr.) was born in Germany and Eva Kohler was born in Ohio. Several years later, Maximilian Philip Kohler is listed as "white" on his WWI Draft Registration Card signed September 7, 1918. He was still married to Mary Kohler and had a bricklaying business, and the couple live on Paton Street in Paris, KY. In 1940, Max and Mary Kohler were still married and they had had five children [source: U.S. Federal Census; and the Kentucky Death Certificate for Johnson Kohler, File No.10533-22, Registered No.62]. The Kohlers owned their home on West Street in Paris, and Max was employed on a farm. Their daughter Elizabeth was employed as a student worker via the NYA. Everyone in the family is listed in the census as "Negro." Max and Mary Kohler were married until the end. According to his Kentucky Death Certificate, State File No.11000, Registrar's No.81, Max Kohler died as a "colored" man on June 18, 1951. His funeral arrangements were handled by the Negro funeral home owned by Hitch & Cunningham, and Max Kohler is buried in the "Negro" cemetery, Cedar Heights.
Members of both the Max and Mary Kohler family, and the Nat C. Rogers family, still live in Bourbon County, Kentucky.
Subjects: Interracial Marriage and State Laws
Geographic Region: Cincinnati, Ohio / Paris, Bourbon County, Kentucky
Oliver, Joel Peter, Jr. and Wilma
Start Year : 1939
In January of 1939, Dr. Joel P. Oliver, Jr. (1903-1958) and a woman named Wilma, who was white, were arrested in Louisville, KY, for violating the Kentucky statute that prohibited interracial marriage. The couple may not have known that there was an anti-miscegenation law in Kentucky. The more they explained why they were in Kentucky, the more their story changed. With a reminder about the law, the couple told the police that they had not gotten married in Kentucky, but rather, they had married in New Mexico two years earlier. Both Dr. Oliver and Wilma were taken into custody from the Negro hotel where they were guests. Since the mid-1800s, Kentucky laws prohibited whites from marrying Negroes within the state [the statute was repealed in 1967]. The law did not apply to those who had married outside Kentucky. The couple explained that they were not from Kentucky, but that they were just passing through the state; they were driving from Lubbock, TX, to Chicago, and had stopped to rest in Kentucky. Dr. Oliver, who practiced medicine in Texas, told authorities that he had just passed the Illinois medical examination and was moving to Chicago to establish his new practice. Nonetheless, both he and Wilma were put in jail, each under a $5,000 bond, and there would be additional charges. Louisville authorities contacted the Lubbock authorities for background information on the couple. It was found that they each owned the car that they had driven to Kentucky. Dr. Oliver's car, however, bore a license plate that came from another car that he owned. When police searched the cars, they found weapons, drugs, and a large sum of money. It was also found that Wilma was not Dr. Oliver's wife [her last name was not printed in the newspaper articles]. Dr. Oliver was born in Texas, and had practiced medicine in New Orleans before moving to Texas with his actual wife, Frances Mouton Oliver, a beautician who was the youngest sister of Jelly Roll Morton. Dr. Oliver had a medical practice and a sanatorium in Lubbock, TX. His wife Frances (1900-1982) had owned a beauty parlor, and the couple lived at 2112 E. Avenue B, according to the 1936 Lubbock City Directory. The news of the arrest of 35 year old Dr. Oliver and 27 year old Wilma had spread quickly in Louisville; Dr. Oliver knew a few people in the city. When the couple appeared in police court, the room was packed with Negro supporters. To the spectators' surprise, the couple was cleared of four misdemeanor counts: violating Kentucky's prohibition against interracial marriage; adultery; carrying concealed weapons; and disorderly conduct. There were no further questions about the money since Dr. Oliver was a respected physician who treated both Negroes and whites in Lubbock. The crowd cheered in response to all the good news. However, Dr. Oliver and Wilma remained under a $5,000 bond for violating the Harrison Narcotic Act of 1914 and were to appear in court on February 7, 1939. Dr. Oliver returned to his wife and home in Texas. He died in 1958, according to the Texas death index, and after his death, his wife Frances moved back to New Orleans. For more see "Negro doctor and white wife held in Kentucky," The Coshocton Tribune, 01/27/1939, p. 12; "Negro doctor, companion held," Lubbock Morning Avalanche, 01/27/1939, p. 2; and "Negro doctor, white wife cleared of misdemeanors," The Coshocton Tribune, 01/31/1939, p. 1. For more on Francis Oliver see P. Hanley, "Jelly Roll Morton: an essay in genealogy."
Subjects: Medical Field, Health Care, Court Cases, Interracial Marriage and State Laws
Geographic Region: Louisville, Jefferson County, Kentucky / New Orleans, Louisiana / Lubbock,Texas
Theophanis v. Theophanis
Start Year : 1932
On June 24, 1932, the Court of Appeals of Kentucky affirmed the judgment and cross-appeal of the Franklin Circuit Court in the case of Theophanis v. Theophanis wherein Lillian Theophanis was given absolute divorce from George J. Theophanis. She was awarded $1,000 alimony and $100 in attorney's fees. The couple had been married in Cincinnati, OH, December 14, 1922, when George was 32 years old. Born in Elova, Greece, he came to the U.S. in 1905. He had lived in Frankfort, KY, since 1909 and became a U.S. citizen in 1914. Lillian was about 22 years old at the time of their marriage; she was previously married to Ralph Myers of Cleveland, OH. Her family was from Richmond, KY. Lillian was the daughter of Betty Walker Foos and Edward Foos, who was white. Betty Walker Foos was the daughter of Joel J. Walker, who was white, and Mary Jane, a former "servant" who had belonged to Joel Walker. Joel and Mary Jane Walker had several children, some of whom had African American spouses, and some had white spouses. Mary Jane Walker and here children had been considered Colored by the people of Richmond. Kentucky Statutes, Section 2097 (2) forbids marriage between a white person and a Negro or mulatto. In recognition of the law, George Theophanis had prosecuted a cross appeal to the Franklin Circuit Court judgment, stating that he and Lillian were never legally married because she was a mulatto; therefore, the courts had erred. At the same time, Lillian challenged the courts judgment by seeking to increase the alimony to $14,000 and the attorney's fees to $1,500. The Court of Appeals of Kentucky found that there was no evidence that Lillian was of pure Negro blood. Her grandmother, Mary Jane Walker, may have had Negro blood, but she was not of pure Negro blood based on her physical traits: long straight hair, a straight nose, high cheek bones, and thin lips. Since Mary Jane Walker was not of pure Negro blood, her granddaughter, Lillian Theophanis, could not be considered a mulatto and her marriage to George was deemed valid, and the Frankfort Circuit Court's judgment in the divorce case was affirmed. The Court of Appeals of Kentucky also found that Lillian's estate was sufficient enough that the Franklin Circuit Court's allowances were justified and therefore affirmed with no increase in payments. For more see Theophanis v Theophanis, Court of Appeals of Kentucky, 244 Ky. 689; 51 S.W.2d 957; 1932 Ky.
Subjects: Court Cases, Interracial Marriage and State Laws
Geographic Region: Elova, Greece / Frankfort, Franklin County, Kentucky / Richmond, Madison County, Kentucky