This essay explores the story of Nancy Clem, an outwardly respectable Indianapolis confidence woman and alleged murderess, in the context of changing constructions of class, gender, and criminality. It examines various ways in which lawyers, newspaper reporters, and ordinary citizens struggled to understand a woman who did not fit preexisting conceptions of gender and crime. A series of high-profile cases involving bourgeois criminals and (more than likely) Clem's own social aspirations allowed cultural commentators to portray her as a “genteel murderess.” Upon her release from prison after an abortive fifth trial, Clem could not sustain her newly acquired social identity, in part because her erstwhile refinement was a journalistic creation and in part because the changing nature of class, gender, and space in Gilded Age Indianapolis provided her with fewer opportunities for self-fashioning. Clem's social odyssey from half-literate “Butternut” to genteel murderess to uncultured “capitalist” reflects slippery, yet significant, transitions between social fluidity and relative rigidity, antebellum respectability and Gilded Age gentility.
I wish to thank Will Cooley, Pamela Walker Laird, Scott Sandage, Michael Ayers Trotti, Jocelyn Wills, the anonymous reviewers for the Journal of the Gilded Age and Progressive Era for their generous comments on previous versions of this essay, and JGAPE intern Seth Isaacson for his careful editing. A previous version of this paper was presented at the 2010 annual meeting of the Organization of American Historians.
2 Indianapolis Sentinel (hereafter Sentinel), Sept. 14, 1868, Dec. 1, 1868; Indianapolis Journal (hereafter Journal), Sept. 14, 1868.
3 Sentinel, Sept. 14, 1868; Journal, Sept. 14, 1868; The Cold Spring Tragedy: Trial and Conviction of Mrs. Nancy E. Clem for the Murder of Jacob Young and Wife…, pamphlet written and published by the Indianapolis Journal (Indianapolis, 1869), 9–10.
4 Journal, Sept. 15, 1868.
5 Cold Spring Tragedy, 12. Evidence concerning Clem's age varies; the 1860 census lists her as 26, which would have made her 33 or 34 at the time of the murders, whereas the 1870 census lists her as 31, surely an error. Genealogies suggest she was born in 1830, which would have made her 37 or 38 in 1868. See Federal Manuscript Population Census (hereafter FMPC), Indianapolis, Ward 2, roll M653-279, p. 163, line 26; FMPC, Jeffersonville, Clark County, IN, roll M593-303, p. 414B, line 12; and John Hartman family tree, Ancestry.com: http://trees.ancestry.com/owt/person.aspx?pid=119943854 (accessed March 19, 2006).
6 Gamber Wendy, “The Cold Spring Tragedy: Murder, Money, and ‘Women's Business’ in the Gilded Age” in American Public Life and the Historical Imagination, eds. Gamber Wendy, Grossberg Michael, and Hartog Hendrick (Notre Dame, IN, 2003), 113–38; also Leigh Darbee's entry on the Cold Spring case in Encyclopedia of Indianapolis, eds. Bodenhamer David J. and Barrows Robert G. (Bloomington, IN, 1994), 456. On strivers, Sandage Scott A., Born Losers: A History of Failure in America (Cambridge, MA, 2005); Balleisen Edward J., Navigating Failure: Bankruptcy and Commercial Society in Antebellum America (Chapel Hill, 2001); Wills Jocelyn, “Respectable Mediocrity: The Everyday Life of an Ordinary American Striver, 1876–1890,” Journal of Social History 37 (Winter 2003): 323–49; Luskey Brian, On the Make: Clerks and the Quest for Capital in Nineteenth-Century America (New York, 2010); Berlanstein Lenard R., “Historicizing and Gendering Celebrity Culture: Famous Women in Nineteenth-Century France,” Journal of Women's History 16 (Winter 2004): 65–91.
7 Hodes Martha, “The Mercurial Nature and Abiding Power of Race: A Transnational Family Story,” American Historical Review 108 (Feb. 2003): 84–118.
8 Indiana Civil War Enlistment Rolls, Indiana State Archives; Journal, Sept. 14, 1868; testimony, William N. Duzan, S.K. Fletcher, and Arthur Wright, Journal, Dec. 10, 1868; testimony, Robert S. Dorsey, Sentinel, Dec. 11, 1868; testimony, Ann Hottle, Sentinel, Dec. 7, 1868; Cold Spring Tragedy, 29–39; 1870 FMPC, Indianapolis, Ward 1, p. 16, line 5; Ward 1 (2nd enumeration), p. 33, line 12.
9 Indianapolis News, June 9, 1897; Indianapolis Star, Nov. 11, 1971, section B, 3; Dunn Jacob Piatt, Greater Indianapolis: The History, the Industries, the Institutions, and the People of a City of Homes, vol. 1 (Chicago, 1910), 60; Mihm Stephen, A Nation of Counterfeiters: Capitalists, Con Men, and the Making of the United States (Cambridge, MA, 2007), 343, 347–350. On the history of banking in Indiana, see Thornbrough Emma Lou, Indiana in the Civil War Era, 1850–1880 (Indianapolis, 1965), 424–39.
10 Sentinel, Oct. 7, 1868. On corruption, for example, “Police Board Investigating Court,” Sentinel, Jan. 14, 1869; and “Police Investigation,” Sentinel, Jan. 15, 1869. Gilfoyle Timothy J., A Pickpocket's Tale: The Underworld of Nineteenth-Century New York (New York, 2006), 243–54.
11 “From Indianapolis. The Trial of Mrs. Clem for Murder—Proceedings of the Court Yesterday,” Cincinnati Daily Gazette, Dec. 8, 1868. See, for example, “From Indianapolis,” Cincinnati Daily Gazette, Mar. 27, 1868; and “Imposter,” Sentinel, Feb. 15, 1869. Also Bessie K. Roberts, “Crime and Crinoline,” Indiana Magazine of History 41 (Dec. 1945): 388–94; and Gilfoyle, Pickpocket's Tale, 82, 204–22.
12 Cold Spring Tragedy, 29, 31–33.
13 Sentinel, Feb. 13, 1869; Gilfoyle, Pickpocket's Tale, xiiii, 209–10; Mihm, Nation of Counterfeiters, 347–51.
14 On the continuing salience of localism, Keller Morton, Affairs of State: Public Life in Late Nineteenth-Century America (Cambridge, MA, 1977), 35, 50–51, 106–21, 162–96. For a recent example of a Ponzi scheme that resembles the one that Clem, Young, and Abrams undertook, William Yardley, “A Fraud Played Out on Family and Friends,” New York Times, May 26, 2011, A13.
15 Cold Spring Tragedy, 33; Measuring Worth: Seven Ways to Compute the Relative Value of a U.S. Dollar Amount, 1774 to Present, www.measuringworth.com/uscompare (accessed Nov. 13, 2011); “Death of Nancy E. Clem,” Indianapolis News, June 9, 1897, 8; Friedman Lawrence M., Crime and Punishment in American History (New York, 1993), 438–39.
16 “Indianapolis Letter. The Hand of God,” Cincinnati Commercial Tribune, Feb. 1, 1869.
17 Journal, Sept. 14, 1868; Journal, Sept. 17, 1868, 5; Sentinel, Dec. 1, 1868; John T. Dye, closing argument, Journal, Dec. 18, 1868.
18 Thornbrough, Indiana in the Civil War Era, 435–36. On informal money lending, Lebsock Suzanne, A Murder in Virginia: Southern Justice on Trial (New York, 2003), 13, 130–31. Testimony, Silas A. Pollard, Journal, Sep. 9, 1868; testimony, Silas Hartman, Journal, Dec. 14, 1868; testimony, Ann Hottle, Journal, Dec. 7, 1868.
19 The Revised Statutes of the State of Indiana, vol. 1 (Indianapolis, 1852), 356.
20 Testimony, Levi Pierson, Journal, Dec. 15, 1868; testimony, Rev. T. A. Goodwin, Journal, Dec. 17, 1868; testimony, Ann Hottle, Journal, Dec. 8, 1868.
21 Journal, Sept. 14, 1868; Sept. 16, 1868; Dec. 12, 1868; Sentinel, Sept. 15, 1868; Cold Spring Tragedy, 11; Sentinel, Dec. 12, 1868, 2; Mar. 29, 1869; testimony, Jane Sizemore, Journal, Dec. 10, 1868; testimony, William Brown, Journal, Dec. 5, 1868. On another form of speculation that would soon become popular, Hochfelder David, “‘Where the Common People Could Speculate’: The Ticker, Bucket Shops, and the Origins of Popular Participation in Financial Markets, 1880–1920,” Journal of American History 93 (Sept. 2006): 335–58.
22 Cold Spring Tragedy, 30, 99–100; News, June 9, 1897.
23 Dunn, Greater Indianapolis, 60; Journal, Oct. 13, 1868; Cold Spring Tragedy, 10; Sentinel, Feb. 13, 1869; Dye, closing statement, Journal, Dec. 18, 1868.
24 Cold Spring Tragedy, 122.
25 Ibid.; Sentinel, Sept. 15, 1868; Indianapolis News, June 2, 1910.
26 Wendy Gamber, “The Notorious Mrs. Clem: Crime and Culture in the Gilded Age” (book manuscript in progress); also Dunn, Greater Indianapolis, 60; Journal, Mar. 2, 1869, quoted in Sievers Harry J., Benjamin Harrison: Hoosier Statesman, vol. 2: From the Civil War to the White House, 1865–1888 (New York, 1959), 28–29.
27 Halttunen Karen, “Early American Crime Narratives: The Birth of Horror” in The Power of Culture: Critical Essays in American Culture, eds. Fox Richard Wightman and Lears Jackson T. (Chicago, 1993); Halttunen Karen, Murder Most Foul: The Killer and the American Gothic Imagination (Cambridge, MA, 1998), 98–107; Papke Daniel Ray, Framing the Criminal: Crime, Cultural Work, and the Loss of Critical Perspective (Hamden, CT, 1987); Srebnick Amy Gilman, The Mysterious Death of Mary Rogers: Sex and Culture in Nineteenth-Century New York (New York, 1995). Cohen Patricia Cline, “Unregulated Youth: Masculinity and Murder in the 1830s City,” Radical History Review 52 (Winter 1992): 33–51; Cohen “The Mystery of Helen Jewett: Romantic Fiction and the Eroticization of Violence,” Legal Studies Forum 17:2 (1993): 133–47; and Cohen, The Murder of Helen Jewett: The Life and Death of a Prostitute in Nineteenth-Century New York (New York, 1998). Cohen Daniel A., “The Murder of Maria Bickford: Fashion, Passion, and the Birth of a Consumer Culture,” American Studies 31 (Fall 1990): 5–30; Cohen, Pillars of Salt, Monuments of Grace: New England Crime Literature and the Origins of American Popular Culture, 1674–1860 (New York, 1993); and Cohen, “The Beautiful Female Murder Victim: Literary Genres and Courtship Practices in the Origins of a Cultural Motif, 1590–1850,” Journal of Social History 31 (Winter 1997): 277–306. Trotti Michael Ayers, The Body in the Reservoir: Murder and Sensationalism in the South (Chapel Hill, 2008), esp. 54–70.
28 Carlson A. Cheree, The Crimes of Womanhood: Defining Femininity in a Court of Law (Urbana, 2008); Ryan Mary, Women in Public: Between Banners and Ballots, 1825–1880 (Baltimore, 1990), 70–71; Jones Ann, Women Who Kill (New York, 1980); for discussions of similar tendencies outside the American context, Allen Judith A., Sex and Secrets: Crimes Involving Australian Women since 1880 (Melbourne, Australia, 1990); Hartman Mary S., Victorian Murderesses: A True History of Thirteen Respectable French and English Women Accused of Unspeakable Crimes (New York, 1977); and Berenson Edward, The Trial of Madame Caillaux (Berkeley, 1992); Roth Randolph A., “Counting Guns: What Social Science Historians Know and Could Learn about Gun Ownership, Gun Culture, and Gun Violence in the United States,” Social Science History (“Debates from the Annual Meeting”) 26 (Winter 2002): 703–04. Roth's summary of a Social Science History Association forum included panelist Eric Monkkonen's finding that the proportion of women who used guns to commit murder (5 percent) remained consistent over the course of the nineteenth century. John Hanna, opening statement, Sentinel, Feb. 12, 1869.
29 W. P. Fishback, closing argument, Cold Spring Tragedy, 104–05; Dye, opening statement, Journal, Dec. 18, 1868; Benjamin Harrison, closing argument, Cold Spring Tragedy, 69; Hanna, opening statement, Sentinel, Feb. 12, 1869. On associations between keeping boarders and sexual vice, Gamber Wendy, The Boardinghouse in Nineteenth-Century America (Baltimore, 2007), 102–14.
30 Journal, Dec. 12, 1868, 3; Sentinel, Dec. 12, 1868 and June 21, 1869; The People (Indianapolis), Oct. 8, 1871; Sentinel, Oct. 7, 9, 1871.
31 Cold Spring Tragedy, 38–40; Indianapolis News, June 7, 1872.
32 Hanna, closing argument, Journal, Dec. 21, 1868. Hanna's paean to “the working classes,” it should be noted, was carefully circumscribed by race. It did not extend to at least one woman who “stood before the wash tub,” Clem's servant Jane Sizemore, who had offered damaging testimony. Hanna described her as “that accursed nigger.”
33 Cold Spring Tragedy, 82; Hanna, opening statement, Sentinel, Feb. 12, 1869; William Wallace Leathers, closing argument, Journal, Dec. 19, 1868.
34 Dorothea Kline McCullough, “‘By Cash and Eggs’: Gender in Washington County during Indiana's Pioneer Period” (PhD diss., Indiana University, 2001), 142–65. See Gamber, “Cold Spring Tragedy,” for a more extensive discussion of these issues.
35 Journal, Mar. 2, 1869.
36 Journal, Oct. 8, Dec. 2, 1868, 4; Cold Spring Tragedy, 16.
37 [Banka J. Harrie], State Prison Life: By One Who Has Been There (Cincinnati, 1871), 378.
38 Ibid., 379. Papke David Ray, “Legitimate Illegitimacy: The Memoirs of Nineteenth-Century Professional Criminals,” Legal Studies Forum 9 (1985): 165–77.
39 “How the Murderess Heard the News,” Sentinel, June 18, 1838; “The Nancy Clem Case,” Chicago Inter Ocean, Apr. 27, 1874.
40 “He has a Soft Heart,” Denver Evening Post, Jan. 28, 1896; “Won't Prosecute a Woman,” Bismarck Daily Tribune, Jan. 31, 1896; “Quite a Lady's Man,” Emporia Daily Gazette, Feb. 5, 1896; Harrison, closing argument, Cold Spring Tragedy, 70.
41 Sentinel, June 27, Sept. 24, 1873. Gordon John Steele, “To a Speculator Dying Young,” American Heritage 43 (Nov. 1992): 18–19; Hartog Hendrik, “Lawyering, Husbands' Rights, and ‘the Unwritten Law’ in Nineteenth-Century America,” Journal of American History 84 (June 1997): 67–96; Ireland Robert M., “Insanity and the Unwritten Law,” American Journal of Legal History 32 (Apr. 1988): 157–72; Ireland, “The Libertine Must Die: Sexual Dishonor and the Unwritten Law in the Nineteenth-Century United States,” Journal of Social History 23 (Autumn 1989): 27–44; Ganz Melissa J., “Wicked Women and Veiled Ladies: Gendered Narratives of the McFarland-Richardson Tragedy,” Yale Journal of Law and Feminism 9 (1997): 255–303.
42 The quintessential example would be H. H. Holmes, the Chicago serial killer; Larson Erik, The Devil in the White City: Murder, Magic, and Madness at the Fair that Changed America (New York, 2004). Clem hardly fits his modus operandi.
43 Chambers-Schiller Lee, “Seduced, Betrayed, and Revenged: The Murder Trial of Mary Harris” in Lethal Imagination: Violence and Brutality in American History, ed. Bellesiles Michael A. (New York, 1999): 185–209; Carson, Crimes of Womanhood, 39–68. At least one newspaper compared Clem to Laura D. Fair, who was tried and convicted for murdering her lover but acquitted after a second trial; “Personal,” Milwaukee Sentinel, Oct. 10, 1872.
44 See especially Trotti, The Body in the Reservoir, 44–77, for an incisive analysis of the narratives nineteenth-century newspapers created about criminals and victims.
45 FMPC, 1830, Stokes County, NC, roll 125, p. 275; Early Land Records of Pike Township, Pike Township Historical Society (accessed April 4, 2006); John Hartman family tree, Ancestry.com, (accessed March 19, 2006); Marion County 1855 Wall Map Atlas, Pike Township, Pike Township Historical Society, http://www.in1.org/pike/1855pike.jpg (accessed April 4, 2006); Federal Manuscript Agricultural Census, 1850, Pike Township, Marion Country, IN, roll 3893, pp. 60–61; Nation Richard F., At Home in the Hoosier Hills: Agriculture, Politics, and Religion in Southern Indiana, 1810–1870 (Bloomington, IN, 2005), 29, 80–127; Madison James H., The Indiana Way: A State History (Bloomington, IN, 1990), 66–67; Trimble Melrose Scales, First Wills of Marion County, Indiana (Indianapolis, 1999).
46 Cold Spring Tragedy, 16; “Free: Nancy Clem at Large,” Sentinel, Apr. 30, 1874; Department of Correction–Prison South, Records, Nancy E. Clem, 1869 and 1872, Indiana State Archives; Brief Autobiography, June [15?], 1858, in Collected Works of Abraham Lincoln, ed. Roy P. Basler, vol. 2, http://quod.lib.umich.edu/l/lincoln/ (accessed Nov. 13, 2011); “The Trial of Mrs. Clem for Murder—Proceedings of the Court Yesterday,” Cincinnati Daily Gazette, Dec. 8, 1868; “The Nancy Clem Case,” Chicago Inter Ocean, Apr. 27, 1874. On the limited extent of literacy and schooling in Indiana in general, Madison, Indiana Way, 111–15.
47 William Wallace Leathers, closing statement, Journal, Dec. 19, 1868; Kershner Frederick D. Jr., “From Country Town to Industrial City: The Urban Pattern in Indianapolis,” Indiana Magazine of History 45 (Dec. 1949): 327–38.
48 Cottman George S., “Old-Time Slums of Indianapolis,” Indiana Quarterly Magazine of History 7 (Dec. 1911): 170–71.
49 Brooks Kate Scott, “Memories of Our President General,” National History Magazine 77 (Jan. 1942): 6; William Wallace Leathers, closing statement, Journal, Dec. 19, 1868.
50 Much recent work on the middle class starts from Blumin Stuart, The Emergence of the Middle Class: Social Experience in the American City, 1760–1900 (New York, 1989). Increasingly, however, scholars argue that class, like gender and race, is at least partly socially constructed. See especially the essays in The Middling Sorts: Explorations in the History of the American Middle Class, ed. Bledstein Burton J. and Johnston Robert D. (New York, 2001); Walkowitz Daniel J., Working with Class: Social Workers and the Politics of Middle-class Identity (Chapel Hill, 1999); Wills, “Respectable Mediocrity”; Johnston Robert D., The Radical Middle Class: Populist Democracy and the Question of Capitalism in Progressive Era Portland, Oregon (Princeton, 2003); the Journal of Urban History special issue on the “Middle Class in the City” 31 (Mar. 2005); and “Symposium on Class in the Early Republic,” Journal of the Early Republic 25 (Winter 2005): 523–64.
51 Halttunen Karen, Confidence Men and Painted Women: A Study of Middle-Class Culture in America, 1830–1870 (New Haven, 1982), 198.
52 Sentinel, Feb. 4, 1869.
53 “The Nancy Clem Case,” Chicago Inter Ocean, Apr. 27, 1874.
54 Rafter Nicole Hahn, Partial Justice: Women, Prisons, and Social Control, 2nd. ed. (New Brunswick, NJ, 1990), 32.
55 “How the Murderess Heard the News,” Sentinel, June 18, 1873.
56 “Indiana's Romancer,” Indianapolis News, Mar. 30, 1880; Sulgrove B. R., History of Indianapolis and Marion County, Indiana (Philadelphia, 1884), 45; “What Mrs. Clem Thinks,” Sentinel, Feb. 18, 1873.
57 “Mrs. Clem at Home Again,” Sentinel, June 8, 1874; “Indiana Justice,” New York Times, Mar. 6, 1874; “A Woman's Trials,” Chicago Inter Ocean, May 1, 1874; “Free. Nancy Clem at Large,” Sentinel, Apr. 30, 1874; “Mrs. Clem Enjoys Street Promenades After Release from Prison,” Chicago Inter Ocean, May 11, 1874.
58 “A Tale of Gambling and Murder,” New York World, quoted in San Francisco Daily Evening Bulletin, May 8, 1877.
60 Louisville Courier-Journal quoted in “About People,” Sentinel, June 18, 1878; “Elbow Shots,” (Indianapolis) Saturday Herald, June 22, 1878; “Once More to the Front,” Sentinel, June 14, 1878; “That Dreadful Woman,” Saturday Herald, June 15, 1878; “A Tale of Gambling and Murder,” San Francisco Daily Evening Bulletin, May 8, 1877.
61 Burial certificate, Nancy E. Clem, Crown Hill Cemetery, Indianapolis, Indiana; Indianapolis News, June 9, 1897.
62 News, June 9, 1897; Nickerson Catherine Ross, “‘The Deftness of Her Sex’: Innocence, Guilt, and Gender in the Trial of Lizzie Borden” in Lethal Imagination, ed. Bellesiles, 260–81; Carson, Crimes of Womanhood, 85–110.
63 Mahoney Timothy R, “The Great Sheedy Murder Trial and the Booster Ethos of the Gilded Age in Lincoln,” Nebraska History 82 (Winter 2001): 163–79; Langlois Janet L., Belle Gunness: The Lady Bluebeard (Bloomington, IN, 1985).
64 Indianapolis News, June 10, 1897.
1 I wish to thank Will Cooley, Pamela Walker Laird, Scott Sandage, Michael Ayers Trotti, Jocelyn Wills, the anonymous reviewers for the Journal of the Gilded Age and Progressive Era for their generous comments on previous versions of this essay, and JGAPE intern Seth Isaacson for his careful editing. A previous version of this paper was presented at the 2010 annual meeting of the Organization of American Historians.
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