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'Enigma Woman' 'EnigmaWoman' Nelli Madi|son Femme Fatales o Kathleen Cairns 4 gCN ir Fiction by In 1934 NellieMadison was arrestedfor the murderof her as an "ortlaw"to a public captivatedby such criminals as "BabyFace" Nelson, Clyde Barrow,and Bonnie Parker. Hereshe is seated at the counseltable during her trial in LosAngeles Superior Court. This content downloaded from 150.131.192.151 on Mon, 18 Nov 2013 02:22:14 AM All use subject to JSTOR Terms and Conditions hortly before midnight on March 24, 1934, Nellie Madison, a Montana rancher's daughter, pumped five bullets into her husband Eric as he lay in bed in the couple's Burbank, California, apartment. Police arrested her two days later hiding in the closet of a remote mountain cabin and brought her back to Burbank where she was questioned,jailed, and charged with first-degree murder. The case quickly became a media sensation. Reporters-fifty sat in on her interrogation-nick- named her the "enigmawoman" for her oddly detached and inscrutabledemeanor and her refusal to talk. Two months later,justbefore the startof her trial,Los Angeles County District Attorney Buron Fitts announced that he would seek the death penalty. To that date no woman had been executed in California,and only one woman, Emma LeDoux, had been condemned, in 1906, also for killing her husband. The state supreme court overturned LeDoux's sentence, but she still resided in prison in 1934.1 In the years between LeDoux's conviction and Madison's trial,California saw its share of notorious femalemurder defendants.Jurors gave Louise Peete a life sentence in 1920 after she killed her landlord and buried his body beneath his house. In 1922 a jury convicted "tiger-woman"Clara Phillips of murder for the brutal hammer-slaying of her husband's lover and sentenced her to ten years to life in prison. Dolly Oesterreich managed to evade prosecution for eight years afterthe 1922 shooting death of her husband.Jurors in her 1930 trial could not agree on a verdict, and prosecutors eventually dropped all charges. In April 1934, shortly afterMadison's arrest,Rhoda Cobler killed her policeman husband by putting strychnine in his breakfastcereal.Jurors convicted her of first-degree murder and recom- mended a prison term of ten years to life.2 Prosecutors in all of these cases chose not to seek the death penalty. Why did they not do the same for Nellie Madison, a woman with no prior criminal record, whose offense, if in fact she committed it, appeared no worse than those of her "sisters"in crime? The deci- sion seems to have been fueled by a combination of four factors-timing, personality, political ambition, and popular culture. 1. NancyAnn Nichols, San Quentin,Inside the Walls,California Department of Correctionspamphlet (Sacra- mento,Calif.,1991), 23. LeDouxwon releasefrom prison in the 1920s, but she was triedand convicted later for runninga "lonelyhearts" scheme that targeted lonely elderly men. 2. CraigRice, ed., Los AngelesMurders (New York,1947). Informationon Rhoda Cobleris from the Los AngelesEvening Herald and Express,Los Angeles Times, and Los Angeles Examiner, April 14-July3, 1934. 15 This content downloaded from 150.131.192.151 on Mon, 18 Nov 2013 02:22:14 AM All use subject to JSTOR Terms and Conditions MONTANA THE MAGAZINE OF WESTERN HISTORY N iniieteen thirt-t-foiur was the worst year of the Kate Mooney. Two years after her birth the family moved Great Depression. For many people, crime had to a homestead south of Dillon, Montana, and began oper- come to symbolize deeper structuralproblems of ating a sheep ranch that eventually spanned both sides of a society whose values seemed wildly askew.Others, how- Grasshopper Creek and extended all the way to the top of ever, were captivated by such outlaws as "Baby Face"Nel- a small mountain that still bears the Mooney name seventy son, "Machine Gun" Kelly, Clyde Barrow, and Bonnie years afterMadison's legal travailsand the Depression cost Parker,whose daring exploits provided a vicarious outlet her family its hard-won slice of the American dream.5 for their own antiauthoritarianimpulses. In this potentially By her teens, Madison was well known for her abilities unstable climate, some politicians sought to capture both with horses and guns. Rumor had it that she could hit a audiences, touting tough-on-crime policies for the former bird on the wing with a .22 rifle. She also possessed a reck- and imposing harsh sentences to remind the latter of the less streak and a restless nature. At thirteen she eloped to perils of flouting authority. Salt Lake City with a man Mass media-newspapers, maga- eleven years her senior, but zines, and the wildly popular literary her parents quickly had genre known as noir fiction-reflected the marriage annulled. establishmentviews as well, but made Four years later she left crimeentertaining as well as instructive Montanato study at a busi- in pursuit of advertisersand readers.3 ness college in Boise, This fusion of art and politics may Idaho, where she married have benefited powerful men, but it twice more. In 1920 she held potential devastation for women moved to Los Angeles with like Madison. In the 1930s states exe- her third husband who cuted an averageof 170 inmates each worked as a wildcatter in year, 1 nearly every other day. Eleven the oil industry. After women were executed during the divorcinghim, she married 1930s, one-quarterof the women exe- and divorced again, each cuted in the twentieth century. All of time moving slightly the condemned women shared one higher on the social scale. trait-an unconventional background Her next husband, thatput them at odds with the author- William Brown, was an ities who tried them and the jurors attorney whom she met who convicted them and that Born in 1895 in the southwestern Montana while managing an apart- enhanced the media's ability to "sell" railroad outpost of Red Rock, Madison seemed ment building owned by them as "outlaws."4 tailor-made for the role of "outlaw." the Brown family.6 To Depression-wearyLos Angeles, Afterher fourthmarriage Nellie Madison must have seemed ended, Madison settled in tailor-made for the role of "outlaw."Born in 1895 in the the resort town of Palm Springs. There she managed hotels southwestern Montana railroadoutpost of Red Rock, she and, in 1933, met the man she stood accused of killing. was the youngest child of Irish immigrants Edward and Eric Madison was a violinist from a prestigious Danish 3. WarrenI. Susman,Culture as History:The Transformation ofAmer- State of Californiav. Nellie MayMadison, California State Archives, icanSociety in theTwentieth Century (Washington, D.C., 2003), 150-83. Sacramento(hereafter CSA, Sacramento); coverage in Los Angelesnews- Susmanargues that popular culture in the 1930s,rather than challenging papers,March 26-July 5,1934; TheHistory ofBeaverhead County, vol. 1 the system,reinforced the statusquo. (Dillon, Mont., 1990), 390; and Ed Mooney(Nellie Madison'sgreat- 4. Nineteenthirty-five saw the highestnumber of executionsoverall, nephew),interview by author,Dillon, Montana,August 16, 2003; and with two hundredpeople, includingthree women, executedthat year Esther Mooney (widow of Nellie's nephew), telephoneinterview by alone.Hanging was the methodof choicein moststates, including Cali- author,August 1,2002. fornia,and no statemandated automatic appeal of deathsentences until 6. The annulmentpetition is on filein EdwardMooney v. RalphBroth- Californiadid so in 1935. See CaliforniaPenal Code, sec. 1239(b).See ers,March 1909, case C-1332, BeaverheadCounty Courthouse, Dillon, also L. KayGillespie, Dancehall Ladies: The Crimesand Executionsof Montana.Nellie's second marriage, to ClarenceR. Kennedy,occurred in America'sCondemned Women (Lanham, Md., 1997); KathleenO'Shea, Boise,Idaho, April 1, 1914, and the marriagecertificate, number 53866, Womenand the Death Penaltyin the UnitedStates (Westport,Conn., is on fileat the AdaCounty Courthouse, Boise. Although she stilllived in 1998); and Hugo Bedau, TheDeath Penaltyin America,3d ed. (New Idaho,her thirdmarriage, to W.Earl Trask, occurredjust across the state York,1982). The "Espy File,"http:www.deathpenaltyinfo.org./ESPY borderin Vale,Oregon, on May1, 1917.The marriagecertificate, number .html(accessed between October 2002 andJune2003), containsa list of 01867, is on fileat the MalheurCounty Courthouse, Vale, Oregon. There 14,634 individualsexecuted in theUnited States between 1608 and 1987. is no recordof divorcefor her second marriage either in Oregonor Idaho, 5. Informationon Nellie Madison'sbackground comes from the four- andshe usedher maiden name, Mooney, on theTrask marriage certificate. volumetrial transcripts, "Reporters Transcript on Appeal,"People of the Neitherstate has a deathcertificate on file forClarence R. Kennedy. 16 This content downloaded from 150.131.192.151 on Mon, 18 Nov 2013 02:22:14 AM All use subject to JSTOR Terms and Conditions SPRING 2004 , ' KATHLEENCAIRNS 0i'; Tils modern photograph shows the location of' tile sheep ranch along Grasshopper Creek, south of' Dillon. Mlonta na where Madison grew u). familywhose father served in the royalcabinet in Copen- who questioned her and who kept finding differentways to hagen.7The couplehad a weddingceremony in SaltLake ask if she had ever had children. "No," was her one-word City,moved briefly to Portland,Oregon, and then returned response.8 to LosAngeles in early1934. If she had remained below the radarscreen of the civic At five-foot-seven-and-a-half,Madison was tall for a establishment in Los Angeles, Madison undoubtedly womanof
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