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Annie Oakley in Court

BY MICHELLE HENRY

ork he name Annie Oakley is Dunkirk Herald in Dunkirk, synonymous with sharp- Chautauqua County, New Y Tshooting, marksmanship, York. However, the next day and ’s Wild West the woman arrested in Show. At only five feet tall, Chicago admitted she had she was nicknamed “Little falsely given her name as Sure Shot” by Chief Sitting Annie Oakley, and a story Bull. Oakley (1860–1926) retraction was released over was America’s first female HARRIS ROBERT HISTORIAN CITY DUNKIRK OF COLLECTION the wire. The Dunkirk Herald superstar; she became an also printed the retraction. New

international sensation after Oakley was devastated by a European tour that featured the story. She did not believe her shooting the ashes from that a retraction was sufficient,

a cigarette held by Wilhelm, and proceeded to initiate libel the Crown Prince of Germany. suits against every newspaper Oakley (born Phoebe Ann that had printed the story. For Mosey in Woodland, now the next six years, she and her Willowdell, Ohio) overcame husband, Frank Butler, did

substantial obstacles through- nothing but pursue damages. out her life with sheer Annie Oakley In the PBS American Experience determination and strength series “Annie Oakley,” she of character. She grew up in personal lifestyle, was not was quoted as saying, “The poverty, never attended immune from the same yellow terrible piece…nearly killed school, and suffered abuse journalism that plagues today’s me. The only thing that kept from a family to which she superstars. By the turn of the me alive was the desire to

archives around was indentured as a child. twentieth century, sensation- purge my character.” Later she broke barriers for alist cocaine abuse stories In September 1906, women by excelling in a field became popular fare in news- Oakley’s case against Daniel dominated by men and proved papers. On August 11, 1903, Toomey, owner of the that a woman could work in Dunkirk Herald, was heard at the entertainment industry released a story that Oakley the Chautauqua County without compromising her was “washed up” and had Courthouse in Mayville. conservative values. Oakley been arrested in Chicago for Oakley and her husband never wore the revealing robbing an “old colored came to Mayville for the trial, costumes associated with man” to support her cocaine in which she was seeking vaudeville performers of the habit. Forty-three years old at $25,000 in damages. A local day. She gave a substantial the time, Oakley was actually newspaper described her as portion of her earnings to living a quiet life of semi- “a small woman, prematurely orphans, widows, and needy retirement in New Jersey. A gray but vivacious…who bore young women, and she telegraphic dispatch from the the appearance of a kindly supported her mother and Publisher’s Press sent the school teacher.” She testified siblings throughout their lives. story across the country, and that she had been at home in But even Oakley, with her it was picked up by many Nutley, New Jersey with her flawless character and private newspapers, including the husband in August 1903, and

NEW YORK archives • FALL 2008 7

After all of her libel

CHAUTAUQUA COUNTY ARCHIVES, MAYVILLE, NEW YORK cases were settled, Oakley had spent that in twenty-one years as a performer she had only more of her own missed five performances. She money on attorney stated that even if she had known that a retraction had and court fees than been printed, it would not have greatly influenced her. she was awarded in The defense attorney, damages. George E. Towne, argued that the retraction made good the harm that the libelous article had caused. He also argued that publication of the article in a newspaper so remote from Oakley’s home did not injure her financially to any great extent. He admitted that the article was libelous, but claimed the amount being sought in damages was excessive. Assemblyman Arthur C. had at first held out for a Wade, attorney for the plain- verdict of $5,000, they said, tiff, described Oakley as “in but compromised on $500. every way a woman of culture, After all of her libel cases refinement, and virtue.” The were settled, Oakley had Jamestown Morning Post spent more of her own money wrote that Wade’s summation on attorney and court fees for the prosecution was a than she was awarded in brilliant effort: “During the damages. One award was for hour that he held the floor…he only six cents. But she had indulged in a stirring philippic not initiated the actions to [tirade] on the injustices of make money, rather to the press and the newspaper restore her good reputation. men, whom he described as Filed with the Chautauqua YORK NEW MAYVILLE, ARCHIVES, COUNTY CHAUTAUQUA conscienceless. He looked County Clerk are the original confident when he sat down, court records relating to and leaning over to Oakley the case, including the Final said, ‘We will get a verdict.’” Judgment ($500) and Costs Five hours after the jury of Plaintiff ($130.57). n retired to deliberate, they filed These court documents show the back into the courtroom. The judgment of $500 in favor of jury found for the plaintiff, Annie Butler (Annie Oakley’s and agreed upon a verdict of

married name) and a list of the $500. Several of the jurors court expenses she incurred.

www.nysarchivestrust.org