Crimes in Herstory (Blog Series) -- The Lawyer & The Lover: How Cheating Led to Open Rage in Late 19th Century America

 WC Blogpost By: D. Rose & Elise Pennyfeather

Laura Fair (Photo Credit: SFGate)1

The Beginnings: 

        In 1837, Laura Fair was born in Holly Springs, Mississippi.2 At the age of 16, she married her first husband, who was many years her senior. He died only one year after their marriage. Laura, known as a “notorious beauty,” had no trouble finding love again.3 She married Thomas Gracien but soon got divorced as he was an alcoholic. Laura accused him of being physically cruel and regularly drunk. However, Gracien denied these allegations and believed that Laura behaved “improperly” with other men.4 Laura also had a temper towards her husband and one time threatened to kill him. In search of a new life, she moved to San Francisco, where she met Colonel W. B. Fair, the Sheriff of Shasta County, CA. Fair was a prominent lawyer and politician in San Francisco. With Fair, Laura had their first child. In 1861, Colonel Fair died. It is unclear exactly how he died. According to some reports, including Laura Fair, he died by gunshot over a disagreement over land. However, some believe that Laura’s numerous extramarital affairs drove him to commit suicide.5 Three husbands later, Laura was in search of a new beginning. 

New - Beginnings:

Three dead husbands later, Laura took her daughter and moved to Virginia City, Nevada, to open up a lodging house for silver miners. 

Soon after opening, Laura had her first customer, Alexander P. Crittenden. Crittenden came from a wealthy family in Kentucky. He was educated at West Point and family friends with President Andrew Jackson.6 Crittenden was a successful lawyer who created one of the most prominent law firms in San Francisco, Crittenden & Wilson. Crittenden presented himself as a single man who had recently lost his wife. Laura did not know that he actually had a wife named Clara and six children. Only six months after Fair and Crittenden met, they began an affair. 

The Affair: 

In 1864, the affair began. From the beginning, their affair was filled with lies, deception, and falsity. Laura did not learn that Crittenden, who told Laura when they first met that he was single, was, in fact, married. After hearing this news, Laura demanded that Crittenden get a divorce. Despite this, Fair, Crittenden, and her child moved into a house together. As they continued, their relationship became extremely unhealthy and dysfunctional. Many times, Laura would threaten to reveal their affair to Crittenden’s wife, and in response, he would threaten to kill Laura and himself. In return, Laura threatened “bloodshed” and would fire her gun at him during arguments.7 Despite this, Crittenden promised to leave his wife and travel to Indiana to get a divorce. He continued to promise Fair that he would obtain his divorce, but when his plans failed, Laura had a crisis.

New-New Beginnings:

Laura married Jessi Snyder after Crittenden failed to divorce his wife. Laura wished to prove to her mother that she was not a “ruined woman” from her affair.8 To no surprise, Crittenden and Fair, both married, continued to see each other. Crittenden demanded that Fair stay away from her new husband, and she ended up divorcing Snyder in 1870. Now a free woman (again), Fair and Crittenden continued their relationship. Crittenden informed Fair that he was going to move to San Francisco with his family permanently. Fair became enraged. 

Out in the Open

On November 3, 1870, Crittenden met his family at the Oakland pier and joined them on the ferry to San Francisco. An unexpected traveler, Fair was also on the ferry in a black cloak. Crittenden’s son, Parker, saw a “heavily veiled” woman watching them closely.9 

Fair ran towards her former lover, shot him in the chest, and yelled, “You have ruined me and my child!”10 

She attempted to run off but was unable to escape as Captain Kentzel of the Harbor Police disarmed and arrested her. Laura confessed to shooting Crittenden, setting herself up for a trial. 

The Trial: 

Laura was brought to trial on a murder charge and testified that she had been in an intimate relationship with Crittenden for seven years. On April 26, 1871, the jury declared Laura Fair guilty of murder, and on June 5 of that same year, Laura was sentenced to be hanged on July 28.11 12 Laura’s attorney appealed this decision and argued that she was a victim of emotional turmoil and insanity, leading to her crimes. The attorney’s appeal was based on a number of factors, including juror incompetence, as one juror had called for Laura’s execution prior to the trial, improper use of evidence about Laura’s chastity, and denial of the defendant’s right to have a final closing argument by her attorney.13 These trial issues and the attorney’s method of painting Laura as a weak victim worked, and on July 11, the Supreme Court granted Laura a stay of execution and a new trial, where she was eventually acquitted. This is especially shocking as the second trial was virtually identical to the first, with the same witnesses and evidence.14 

The media and the public were outraged by this decision, as evidenced by the San Francisco Chronicle newspaper article above, stating that the decision was “universally denounced as a mockery of justice.”15 

Feminism in the Courtroom: 

        Laura Fair’s case is so memorable and significant as it is a striking example of the double standard enforced on men and women in this time period. Women during the 19th century were not permitted to engage in sexual encounters outside of marriage, and if they did, they would be publicly shamed.16 However, it was permissible for men to take mistresses; in fact, Laura stated that the prosecutor and judge in her case both had mistresses, but the mistresses were seen as home-wreckers.17 

An unwritten 19th-century law permitted murder in the case of men and women who found their partners to be partaking in adulterous relationships. Laura Fair’s case was unique, as she was the mistress in the situation and killed her married lover for not leaving his wife. As a result, Laura was seen as disrupting the sanctity of marriage and was not (originally) given the same leniency as other murderers in cases involving adultery. Additionally, the justice system was not as kind to women who killed their former lovers as it was to men who committed the same crimes.18 Both were often forgiven of their crimes, but men seen as “avengers of sexual dishonor” had significantly better trial outcomes and were viewed as protecting the women in their lives.19 

Feminism played a very significant role in this case, as Laura was seen as a martyr of feminism.20 Further, this case reflects the double standards of the time. Important female suffragists sat in the stands, watching sexism play out in front of them. Elizabeth Cady Stanton and Susan B. Anthony both commented on the trial, remarking that the idea of “female hysteria” utilized by the defense has historically been used to provide power to men over women.21 Both women visited Laura in jail and made public speeches on the injustice of the all-male jury in Laura’s case.22 Another suffragist, Emily Pitts Stevens, used Laura’s trial to advance women’s rights by shedding light on the severe double standard within the case.23 

Throughout Laura’s trial, the prosecution and the media villainized her using vicious gender stereotypes. The prosecution painted Laura as an “aggressive seductress,” a common figure in Victorian times, while the defense argued that she was suffering from “female problems,” implying that she was suffering from “hysteria mania” as a result of menstrual issues.24 She was portrayed as an immoral, all-powerful person, barely a woman, who had convinced Crittenden to abandon his values. This was untrue, as Crittenden pursued Laura. It was also believed that Laura had planned for the murder. Mr. Crittenden was seen as a gentleman whose values were compromised when he gave in to his childish desires. Mrs. Crittenden, on the other hand, was seen as a selfless, virtuous lady. The papers and the public looked at Laura as this horrible person who deserved the most severe punishment. They believed she possessed this un-worldly power, and the public was infuriated once she was acquitted. The Colorado Dailey Chieftain sarcastically stated, “Mrs. Laura Fair is not a murderess; she is a blue-eyed angelic, seraphic saint and should be permitted to wander up and down the land and shoot whoever she likes.”25

                                                                              

  

The San Francisco Chronicle describes how the trial was moved to a new date to prevent a crowd from attending the proceedings. Trials like this one, with a defendant of a higher class, are conducted in a way to avoid any embarrassment for the defendant.26 This is surprising, as Laura was heavily critiqued by the media, yet her “sensibilities” were protected in the courtroom. The Sacramento Bee describes Laura Fair as being dressed in “mourning” as she appeared at her trial wearing black and grieving her former lover.27 Black is typically only worn by immediate family members in the aftermath of a loved one’s death. This is an interesting detail, showing how Laura is still committed to Crittenden and sees herself as his partner, even after taking his life. Life Post-Acquittal After Laura obtained her freedom, she pursued a career as a book agent in San Francisco.28 She attempted to enter the lecture circuit and share her side of the story but struggled to find a place that would host her speech.29 She eventually gave a speech titled “A Wolf in the Fold” to a small crowd in Sacramento, California.30 This speech was later published. At this time, Laura no longer had contact with Lillian Hollis, her daughter, who she claimed was also the child of Crittenden. Lillian died impoverished in New York.31 After hearing about her death, Laura made an unsuccessful attempt to take her own life.32 Laura Fair passed away in 1919 at the age of 82.33

*  *  *  *  * 

ENDNOTES

 1. Kamiya, Gary. The Case of Laura Fair, San Francisco 1870, SFGATE, 28 June 2014, www.sfgate.com/crime/article/The-caseof-Laura-Fair-San-Francisco-1870-5585715.php.

2. Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wpcontent/uploads/2014/08/2006-Newsletter-Spring-Laura-Fair-Affair.pdf

3. Ibid.

4. Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

5. Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wpcontent/uploads/2014/08/2006-Newsletter-Spring-Laura-Fair-Affair.pdf

6. “The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870.” The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870, www.historicalcrimedetective.com/the-sensational-murder-of-alexandercrittenden-by-his-mistress-laura-d-fair-1870.

7. Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wpcontent/uploads/2014/08/2006-Newsletter-Spring-Laura-Fair-Affair.pdf

8. Ibid.

 

9. “The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870.” The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870, www.historicalcrimedetective.com/the-sensational-murder-of-alexandercrittenden-by-his-mistress-laura-d-fair-1870.

10. Ibid.

11. Ibid

12. Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

13. Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wpcontent/uploads/2014/08/2006-Newsletter-Spring-Laura-Fair-Affair.pdf

14. Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

15. The Unfair Verdict: Opinions of Leading Eastern Journals on the Acquittal of Laura D. Fair. San Francisco Chronicle (San Francisco, California) - October 13, 1872, Sunday Page 2.

16. Kamiya, Gary. The Case of Laura Fair, San Francisco 1870, SFGATE, 28 June 2014, www.sfgate.com/crime/article/Thecase-of-Laura-Fair-San-Francisco-1870-5585715.php.

17. Frenzied and Fallen Females: Women and Sexual Dishonor in the Nineteenth-Century United States , www.semanticscholar.org/paper/Frenzied-and-Fallen-Females%3A-Women-and-Sexual-inIreland/27575bf15f7f0bd78160bd288de25aa004dfbb06. Accessed 30 Sept. 2023.

18. Ibid.

19. Ibid.

20. Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

21. Drexler, Paul. “Fury of a Woman Scorned.” San Francisco Examiner, 16 June 2022, www.sfexaminer.com/news/fury-of-awoman-scorned/article_17a45a64-0cce-5ab2-b038-e7156fa9ad0c.html.

22. Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wpcontent/uploads/2014/08/2006-Newsletter-Spring-Laura-Fair-Affair.pdf

23. Ibid.

24. Ibid.

25. Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

26. Laura D. Fair, San Francisco Chronicle (San Francisco California): February 26, 1871, Sunday Page 3

27. Weather-Custom House Changes- Trial of Mrs. Laura D. Fair, The Sacramento Bee (Sacramento, California), March 27, 1871, Monday Page 3.

28. “The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870.” The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870, www.historicalcrimedetective.com/the-sensational-murder-ofalexander-crittenden-by-his-mistress-laura-d-fair-1870.

29. Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

30. Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wpcontent/uploads/2014/08/2006-Newsletter-Spring-Laura-Fair-Affair.pdf

31. “Murderess Laura D. Fair.” YesterYear Once More, 13 July 2009, yesteryearsnews.wordpress.com/2009/07/13/murderesslaura-d-fair/. 

32. Ibid.

33. Kamiya, Gary. The Case of Laura Fair, San Francisco 1870, SFGATE, 28 June 2014, www.sfgate.com/crime/article/Thecase-of-Laura-Fair-San-Francisco-1870-5585715.php.

Bibliography 

Cole, Holly. “Women the Death Penalty in Victorian San Francisco.” The Laura Fair Affair, 2005, www.cschs.org/wp-content/uploads/2014/08/2006-Newsletter-Spring-Laura-FairAffair.pdf 

Drexler, Paul. “Fury of a Woman Scorned.” San Francisco Examiner, 16 June 2022, www.sfexaminer.com/news/fury-of-a-woman-scorned/article_17a45a64-0cce-5ab2- b038-e7156fa9ad0c.html. 

Frenzied and Fallen Females: Women and Sexual Dishonor in the Nineteenth-Century United States, www.semanticscholar.org/paper/Frenzied-and-Fallen-Females%3A-Women-andSexual-in-Ireland/27575bf15f7f0bd78160bd288de25aa004dfbb06. Accessed 30 Sept. 2023. 

Kamiya, Gary. The Case of Laura Fair, San Francisco 1870, SFGATE, 28 June 2014, www.sfgate.com/crime/article/The-case-of-Laura-Fair-San-Francisco-1870-5585715.php. 

Laura D. Fair. San Francisco Chronicle (San Francisco California) - February 26, 1871, Sunday Page 3. 

“Murderess Laura D. Fair.” YesterYear Once More, 13 July 2009, yesteryearsnews.wordpress.com/2009/07/13/murderess-laura-d-fair/. 

Segrave, Kerry. “Laura Fair.” Women and Capital Punishment in America, 1840-1899: Death Sentences and Executions in the United States and Canada, McFarland, Jefferson (C.) Etc, 2008, pp. 81–85.

 The Sensational Murder of Alexander Crittenden by His Mistress, Laura D. Fair, 1870 - Historicalcrimedetective.Com, www.historicalcrimedetective.com/the-sensationalmurder-of-alexander-crittenden-by-his-mistress-laura-d-fair-1870/.

The Unfair Verdict: Opinions of Leading Eastern Journals on the Acquittal of Laura D. Fair. San Francisco Chronicle (San Francisco, California) - October 13, 1872, Sunday Page 2. 

Weather-Custom House Changes - Trial of Mrs. Laura D. Fair. The Sacramento Bee (Sacramento, California) - March 27, 1871, Monday Page 3.