Mary Leonard, 1845 - October 24, 1912
Born in Alsace, France around 1845, Marie Gysin was the second eldest child of Johannes Gysin and Elisabeth Grieder, Swiss immigrants to France who worked in a silk mill. Marie Gysin became Mary Gisan after immigrating to the United States, alone, when she was in her mid-twenties. By the 1870 census, Mary Gisan had moved to Portland, Oregon, and likely worked as a maid for the family of R.R. Riley, a prominent wood dealer.
In 1875 Mary wed Daniel G. Leonard, the successful proprietor of an inn and a ferry over the John Day River on the old Oregon Trail. The relationship proved to be a stormy one and, in 1877, the couple sued each other for divorce. While the heated divorce proceedings were still pending, Daniel was shot in his sleep with a small-caliber gun to the head. He died twelve days later, on January 16, 1878. Daniel did not reveal the identity of his shooter before succumbing to death, and there were no witnesses to the shooting. Daniel's attorney, however, blamed Mary and her suspected paramour, Nathaniel Lindsay.
Mary and Nathaniel were subsequently indicted by a grand jury for Daniel's murder and imprisoned for the next eleven months without bail, despite continuing requests by counsel for a speedy trial. Once the case did begin to proceed, Mary's lawyer was able to arrange for separate trials for Mary and Nathaniel. Mary was acquitted of all charges on November 20, 1878, after a three day trial. With the acquittal of Mary, the state dropped all charges against Nathaniel. Many in the community suspected that Mary was guilty, but as Daniel was generally disliked, she received much sympathy and support. Mary went on to collect Daniel's estate as his sole heir, moved to Portland, and went into business as the owner of a boardinghouse.
In 1875 Mary wed Daniel G. Leonard, the successful proprietor of an inn and a ferry over the John Day River on the old Oregon Trail. The relationship proved to be a stormy one and, in 1877, the couple sued each other for divorce. While the heated divorce proceedings were still pending, Daniel was shot in his sleep with a small-caliber gun to the head. He died twelve days later, on January 16, 1878. Daniel did not reveal the identity of his shooter before succumbing to death, and there were no witnesses to the shooting. Daniel's attorney, however, blamed Mary and her suspected paramour, Nathaniel Lindsay.
Mary and Nathaniel were subsequently indicted by a grand jury for Daniel's murder and imprisoned for the next eleven months without bail, despite continuing requests by counsel for a speedy trial. Once the case did begin to proceed, Mary's lawyer was able to arrange for separate trials for Mary and Nathaniel. Mary was acquitted of all charges on November 20, 1878, after a three day trial. With the acquittal of Mary, the state dropped all charges against Nathaniel. Many in the community suspected that Mary was guilty, but as Daniel was generally disliked, she received much sympathy and support. Mary went on to collect Daniel's estate as his sole heir, moved to Portland, and went into business as the owner of a boardinghouse.
Legal Career
Historic records indicate that Mary began studying law in Portland in the early 1880s. In 1883, when women's suffrage passed in the Washington Territory, Mary moved to Seattle, Washington Territory, and began reading law* under the guidance of J.C. Haines at the offices of Struve, Haines, and McMicken. Mary passed the Washington bar and was admitted to practice on March 11, 1885. She thus became the first woman lawyer in the history of Washington, although she returned to Portland before ever practicing there.
In March of 1885, Mary returned to Oregon seeking admission to practice in all the courts of the state of Oregon and the federal court in Oregon. Judge Matthew P. Deady, citing the federal Act of 1879 that allowed women to practice in the Supreme Court of the United States, admitted Mary to the federal bar on March 27, 1885. The Oregon courts were another matter. The Oregon Supreme Court, per curiam, denied her application, holding that women were disqualified to practice law because of their sex.** The court specifically noted that this was the first application ever received from a woman. Had she been a man, Mary would have been entitled to admission.
Mary brought her case to before the Oregon Legislature during a special session in the fall of 1885. In one of the first bills introduced, and later enacted into law and signed by Governor Moody on November 20, 1885, it was provided that "hereafter women shall be admitted to the practice of law as attorneys, in the courts of this State, upon the same terms and conditions as men."
When Mary reapplied to the Oregon Supreme Court under the new law, the Court raised a rule that required a year's residence in Oregon before admission of a lawyer on certificate from another state or territory. Mary challenged the rule, arguing her first case before the Oregon Supreme Court with herself as a client. After Mary successfully pointed out that the rule had never been enforced against male applicants, the Court granted her request that she be allowed to obtain a livelihood as a lawyer and waived application of the residency rule. Mary was admitted to the Oregon Bar on April 13, 1886, when she was 41 years old.
Mary went on to enjoy a colorful career maintaining a law practice in Portland, where she was reputed to have poor writing but excellent courtroom skills. She continued to practice law until four months before dying of heart disease, on October 24, 1912.
For more information on Mary Leonard, read "Folk Hero, Hell Raiser, Mad Woman, Lady Lawyer: What is the Truth About Mary Leonard?" by Kerry Abrams.
* "Reading law" is the term for a period of apprenticeship by which people would study to enter the legal profession before the advent of law schools. Reading law generally included participating in a period of study under the supervision of an experienced attorney and reading those works that were considered to be the most authoritative commentaries on law at the time. California, Maine, Vermont, Virginia, and Washington still permit some variation of this practice as an alternative to attending law school.
** In re Leonard, 12 Or 93, 6 P 426 (1885).
In March of 1885, Mary returned to Oregon seeking admission to practice in all the courts of the state of Oregon and the federal court in Oregon. Judge Matthew P. Deady, citing the federal Act of 1879 that allowed women to practice in the Supreme Court of the United States, admitted Mary to the federal bar on March 27, 1885. The Oregon courts were another matter. The Oregon Supreme Court, per curiam, denied her application, holding that women were disqualified to practice law because of their sex.** The court specifically noted that this was the first application ever received from a woman. Had she been a man, Mary would have been entitled to admission.
Mary brought her case to before the Oregon Legislature during a special session in the fall of 1885. In one of the first bills introduced, and later enacted into law and signed by Governor Moody on November 20, 1885, it was provided that "hereafter women shall be admitted to the practice of law as attorneys, in the courts of this State, upon the same terms and conditions as men."
When Mary reapplied to the Oregon Supreme Court under the new law, the Court raised a rule that required a year's residence in Oregon before admission of a lawyer on certificate from another state or territory. Mary challenged the rule, arguing her first case before the Oregon Supreme Court with herself as a client. After Mary successfully pointed out that the rule had never been enforced against male applicants, the Court granted her request that she be allowed to obtain a livelihood as a lawyer and waived application of the residency rule. Mary was admitted to the Oregon Bar on April 13, 1886, when she was 41 years old.
Mary went on to enjoy a colorful career maintaining a law practice in Portland, where she was reputed to have poor writing but excellent courtroom skills. She continued to practice law until four months before dying of heart disease, on October 24, 1912.
For more information on Mary Leonard, read "Folk Hero, Hell Raiser, Mad Woman, Lady Lawyer: What is the Truth About Mary Leonard?" by Kerry Abrams.
* "Reading law" is the term for a period of apprenticeship by which people would study to enter the legal profession before the advent of law schools. Reading law generally included participating in a period of study under the supervision of an experienced attorney and reading those works that were considered to be the most authoritative commentaries on law at the time. California, Maine, Vermont, Virginia, and Washington still permit some variation of this practice as an alternative to attending law school.
** In re Leonard, 12 Or 93, 6 P 426 (1885).