Secret Court of 1920
Encyclopedia
The Secret Court of 1920 was an ad hoc disciplinary tribunal of 5 administrators at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...

 formed to investigate charges of homosexual activity among the student population. During two weeks in May and June 1920, the Court headed by Acting Dean Chester Noyes Greenough conducted more than 30 interviews behind closed doors and took action against eight students, a recent graduate, and an assistant professor. They were expelled or had their association with the university severed. Two of the students were later readmitted. The affair went unreported until 2002.
The most disgusting and disgraceful and revolting acts of degeneracy took place openly in plain view of all present.
—Anonymous letter to Dean Greenough describing parties in Perkins Hall, May 1920

The acts in question are so unspeakably gross that the intimates of those who commit these acts become tainted and...must for the moment be separated from the College
—Dean Greenough to the father of Stanley Gilkey, an expelled student, June 1920

I cannot bring this upon others. For Harvard's sake you asked for names. For Harvard's sake I gave them....You all admitted the task was unpleasant. But unpleasantness, I do not think, warrants obliteration of humanity.
—Keith Smerage, an expelled student, to Dean Greenough, June 1920

I feel now that you men could have done much good had you perhaps had a little less sense of justice and a little more of the spirit of Jesus in your hearts.
—Grace Smerage, the mother of an expelled student, to Dean Greenough, June 1920

These reports of events long ago are extremely disturbing...Persecuting individuals on the basis of sexual orientation is abhorrent and an affront to the values of our university.
Lawrence H. Summers
Lawrence Summers
Lawrence Henry Summers is an American economist. He served as the 71st United States Secretary of the Treasury from 1999 to 2001 under President Bill Clinton. He was Director of the White House United States National Economic Council for President Barack Obama until November 2010.Summers is the...

, President of Harvard University, November 2002

Suicide of Cyril Wilcox

On May 13, 1920, Cyril Wilcox, a Harvard undergraduate, committed suicide by inhaling gas in his parents' house in Fall River, Massachusetts
Fall River, Massachusetts
Fall River is a city in Bristol County, Massachusetts, in the United States. It is located about south of Boston, southeast of Providence, Rhode Island, and west of New Bedford and south of Taunton. The city's population was 88,857 during the 2010 census, making it the tenth largest city in...

. Newspaper reports called the death accidental. At the time Wilcox had been warned about his poor academic performance and had withdrawn from school for reasons of health. The night before his death, Wilcox had confessed to his older brother, George Lester Wilcox, himself a graduate of Harvard, that he had been having an affair with Harry Dreyfus, an older Boston man.

George, shortly after his brother's death, intercepted two letters to Cyril, one from Ernest Roberts, a Harvard student, and another from Harold Saxton, a recent graduate. Their candid and detailed gossip convinced him that Harvard was harboring a network of homosexual students. On May 22, George Wilcox located Dreyfus, extracted from him the of names of 3 other men involved, and beat him. Later that day, he met with Harvard's Acting Dean Chester N. Greenough and shared what he knew: his brother's admission, the contents of the letters, and what Dreyfus had told him.

Formation

Greenough promptly consulted with Harvard President Abbott Lawrence Lowell
Abbott Lawrence Lowell
Abbott Lawrence Lowell was a U.S. educator and legal scholar. He served as President of Harvard University from 1909 to 1933....

 and the decision was made to obviate the normal and relatively slow-moving student disciplinary process before the Administrative Board made up of faculty members and the Dean. Instead, on May 23, 1920, just a day after listening to Wilcox, Greenough formed a special five-man tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....

 which has come to be called the "Secret Court," because its files were stored under that name in the University Archives. The participants themselves called it "The Court" to distinguish it from the usual Administrative Board. The unspecific name also disguised the subject of its investigations.

Acting Dean Greenough was to head the Court. Another senior member was Professor of Hygiene Robert I. Lee, the doctor responsible for the students' annual physical examinations, who had experience posing intimate questions about sexual activity. A third was Regent Matthew Luce, whose responsibilities included student discipline and conduct, especially housing and dormitory proctors. They were all roughly forty years old or more. Two young Assistant Deans, Edward R. Gay and Kenneth Murdock, both just a little older than the undergraduates, filled out the Court's membership. The Court reported to President Lowell, and his rulings were final.

At this point Greenough could identify Roberts, the author of one of the letters to Cyril Wilcox, as the principal target of his inquiry. The same day the Dean formed the Court, he spoke to a graduate student in business, Windsor Hosmer. He expected Hosmer, as proctor of Perkins Hall, to be a source for information about Roberts, but he proved unhelpful, either because he was an inattentive proctor or because he preferred not to be candid. He told the Dean he knew that Roberts hosted parties, but caused no disturbance and broke no rules. He was given three days to monitor visits to Roberts' room and report both current and past visitors. On May 26, Hosmer gave Greenough a list beginning with Roberts himself, followed by the names of Kenneth Day and Keith Smerage, noted as frequent visitors, then Eugene Cummings and Nathaniel Wolff, and then two more of whom he was "inclined to think that neither is part of the group that has centered around Perkins." A few days later, Hosmer returned to report that the last two boys had objected to his inclusion of their names.

First anonymous letter

An unsigned, typed letter dated May 26 now confirmed and enlarged upon what Greenough had learned from George Wilcox. It probably reached the Dean just as the Court began interviewing students. The author, identifying himself as a Harvard College junior, described how Cyril Wilcox in his first year fell in with a set of his classmates who "committed upon him and induced him to commit upon them 'Unnatural Acts'" and when he determined he lacked the "strength of character" to stop participating in such activity he committed suicide. Roberts was "the leader of this group and directly responsible" for the suicide, he continued:
Roberts rooms at Perkins 28 where he and more of his type have, during the past year, conducted "parties" that beggar description and how in the World such parties "got by" the Proctor is quite beyond me. At these parties were sailors in uniform whom Roberts and friends of his type picked up in the streets of Boston and used for his dirty immoral purposes. At the parties were notorious young male degenerates such as Harold Hussey, and Ned Courtney and many others of the type and many of them dressed in womans [sic] clothes which they brought with them and appeared in public hallways and entrys [sic] of Perkins so dressed.


Then he named as regular participants three students—Kenneth Day, Edward Say and Eugene Cummings—as well as the tutor Saxton, who was already known to Greenough. He pressed home his point by describing the parties where "the most disgusting and disgraceful and revolting acts of degeneracy and depravity took place openly in plain view of all present." Finally he urged the Dean on with a rhetorical question: "Isn't it about time an end was put to this sort of thing in college?"

Investigation

The Court began its interrogations on May 27, 1920. Dean Greenough summoned each witness with a brief note, for example: "I expect you, whatever your engagement may be, to appear at my office tomorrow, Friday, May 28th, at 2:45 P.M." Another even said: "If necessary you are directed to cut a final examination in order to keep this appointment." Only the Court's notes survive, not transcripts, so it is difficult to ascertain the tenor of the exchanges, whether these were conversations, interviews, or interrogations, or perhaps changed in the course of each session. Clearly the Court pressed witnesses and challenged then with conflicting facts, since the Court's notes record admissions followed by attempts to recant, as well as denials followed by admissions. For example, the Court's note for Harold Saxton say "when pushed he practically confessed to one act, but later retracted." And Kenneth Day "confessed to H.S. [homosexual] relations with Roberts, after denial at first."

Many of those interrogated were never charged and have not been identified. That suggests that the Court, despite its secrecy, was prepared to reveal its mission to innocent students as it attempted to identify those more closely involved. As the Court proceeded, it had increasing amounts of information to use to question witnesses and challenge their statements. Some were called back for follow up questioning. Nor did the Court restrict itself to people with a Harvard affiliation. At least two witnesses lacking a Harvard connection responded to its summons, though it is unclear whether they participated voluntarily or under some threat. One was Ned Courtney, a Boston boy whose name was mentioned in testimony as the "main annoyance" for his frequent telephone calls to Perkins. Another was Harry Dreyfus, who was connected through his relationship with Cyril Wilcox and his employment at the Café Dreyfus, a known homosexual gathering place.

No subject was too personal for the Court's inquiry. It posed questions about masturbation practices and engaging in sexual acts with women or men, cross-dressing and entertaining overnight guests. Less intrusive questions addressed friends and associates, parties attended and what was seen and who was present, reading habits and familiarity with homosexuality, theories about it as well as slang used to describe its practitioners and their activities ("faggoty parties," "tricks"). Soon the Court had a list of business establishments to inquire about as well, starting with the Café Dreyfus and adding The Lighted Lamp, The Golden Rooster, and Green Shutters

Many witnesses found it difficult to lie effectively when the Court already had enough circumstantial evidence to use in probing their answers. Others may have decided that the best course was to answer honestly or with relatively honest answers that minimized their involvement. The Court's notes say that Kenneth Day "admits he is probably a little tainted. Mind poisoned." Ernest Roberts claimed he was "led astray" by Cyril Wilcox and that Kenneth Day, too, had been "led into it by Wilcox--but not of his own free will." Joseph Lumbard described parties where men danced together and others dressed in women's clothes. The Court noted: "some kissing witnessed." Asked why he did not leave such a party, he allowed that he "stayed because he was interested." He had not masturbated for 6 years. Nathaniel Wolff detailed mutual masturbation with Keith Smerage, but claimed to have ended such behavior. "He was fighting hard and felt that he had overcome the habit. Says he is 90% OK." Keith Smerage in turn said he had not masturbated in 9 months and in college "had not slept with men in the unnatural sense." Later the Court recorded that he said he had "'fooled' around with the homosexual business" once or twice at Harvard. Stanley Gilkey defended reading Havelock Ellis
Havelock Ellis
Henry Havelock Ellis, known as Havelock Ellis , was a British physician and psychologist, writer, and social reformer who studied human sexuality. He was co-author of the first medical textbook in English on homosexuality in 1897, and also published works on a variety of sexual practices and...

: "I think a man should know everything." Assistant Professor of Philosophy Donald Clark "denied any connection with homosexualism, and he denied talking about it except to help some students to cure themselves." He later admitted to have propositioned a student, as the Court already knew from an earlier interview with the object of Clark's attentions.

Disposition of cases

The Court punished ten it found guilty of some offense and the punishments varied with their status and their degree of culpability. It expelled seven College students (Day, Gilkey, Lumbard, Roberts, Say, Smerage, Wolff) and one student in dentistry (Cummings). Four (Day, Gilkey, Lumbard, Wolff) were invited to reapply to Harvard in a year or two. The Court also told those expelled to leave Cambridge promptly and complained to the families of those who did not move quickly. All were told that Harvard would reply frankly to requests for recommendations or for explanations for their separation from the school. Refusing to provide a positive reference was all the Court could do to Saxon, the tutor, and Clark, the young professor. It identified four others unconnected to Harvard as "guilty" but could not directly punish them. It would try to see that one would lose his job as a waiter at the Café Dreyfus.

Dean Greenough also ordered a letter placed in the files of those it punished to prevent the college's Alumni Placement Service from "making any statement that would indicate confidence in these men." The Placement Service proved efficient in following those instructions. Lumbard found himself blocked by negative responses from Harvard when he applied to Amherst
Amherst College
Amherst College is a private liberal arts college located in Amherst, Massachusetts, United States. Amherst is an exclusively undergraduate four-year institution and enrolled 1,744 students in the fall of 2009...

, the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...

, and Brown
Brown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...

. Dean Otis Randall of Brown even replied sympathetically to praise Harvard's actions: "I feel your action in the matter was wise and just and that you deserve the support of the colleges to which young Lumbard may make application. How frequently we uncover messes of this sort, and how disagreeable it is to deal with such matters." Wolff was treated similarly when applying to McGill
McGill University
Mohammed Fathy is a public research university located in Montreal, Quebec, Canada. The university bears the name of James McGill, a prominent Montreal merchant from Glasgow, Scotland, whose bequest formed the beginning of the university...

. The Placement Office's standard reply said "Harvard cannot show any confidence in this individual." To a request for Saxon's credentials it spoke of "moral turpitude."

The Court warned the students not to delay contacting their families because the Court was going to write them promptly. Dean Greenough wrote to Roberts: "The letter that I am sending to your father this morning, although it does not tell him everything, necessitates your telling him everything." To Kenneth Day he wrote: "It would be better for them to hear it from you than from me." The Dean's letters about students who had committed no overt act explained the circumstances at length and provided he Court's rationale for expulsion in such cases: "The acts in question are so unspeakably gross that the intimates of those who commit these acts become tainted." He made a clear distinction by not criticizing such a student's character, but his judgment, calling him "no worse than ignorant, over-curious, and careless." When it came to those who had engaged in homosexual sex, Greenough withheld details yet tried to underscore the significance of the violation. To Roberts' father, Greenough wrote that his son "has promised to tell you all about the matter, and I hope he will tell you the whole truth. His offense has nothing to do with low scholarship; it is not gambling, or drink or ordinary sexual intercourse. If he does not confess to something worse than these things, he will not have told you the whole story.".

The students' parents were troubled, supportive, and forgiving. Responses to Greenough, while always respectful, varied from pleading to polite challenges to the Court's judgment. Lumbard's father protested his son's "extremely unjust treatment." Gilkey's father hoped his son would be readmitted to erase the impact of a "penalty out of proportion to his delinquency," Roberts' father noted "how this dreadful news has upset me" and sought assurances from Greenough that his son had terminated his "evil practices" some months before. Others engaged in protracted correspondence and had employers send testimonials. In Day's case, since he was an orphan, his cousin undertook a long correspondence detailing his cousin's work habits and social contacts. Say's father, a Connecticut grocer, asked to see the evidence against his son, and Greenough replied that he could not send "the great mass of evidence" through the mail, though the actual evidence against Say consisted of a few sentences of testimony that mentioned him. Say's mother wrote as well and indicated she felt that others of greater means like Lumbard were not being treated as harshly as her son: "My son's father is not a doctor, but he is a good, honest working father."

Smerage's mother learned of her son's expulsion when she opened Greenough's letter and the next day initiated a yearlong series of letters on his behalf. She spoke of her "stricken home" and her son's history of illness. Ultimately, she questioned the Court's entire approach: "I feel now that you men could have done much good had you perhaps had a little less sense of justice and a little more of the spirit of Jesus in your hearts." Wolff's father asked the Dean to recognize that helping his son to reform was more important than punishment: "I am taking the liberty of appealing to you, not in your official capacity, but as a man, to do what you can to assist him. You know all are subject to mistakes, and the blessing is in those who can aid and advise in correcting and saving rather than otherwise."

The Court told four students to consider applying for admission in a year or more. Initially Lowell opposed all such applications. Greenough expressed frustration with his stance and eventually won readmission for Gilkey and Lumbard. He expressed especial frustration that Lowell would not readmit Day. Informing Day that he could not return to Harvard, Greenough could only offer personal reflections and assurances: "Two points, however, I beg you to bear in mind. First, the chief thing in this world is to do right and be of service, whether at Harvard or outside. I know that you will keep on trying wherever you are. Secondly, please remember that if there is ever anything I can personally do to help you, I shall be glad to know it and to do it."

Public awareness

Given the number of interviews, and the consequent expulsions, the undergraduate population must have become aware of the Court's work in a matter of days. Yet the Court's work escaped public attention. At least twice the Court was told that Ernest Weeks was threatening to make public his opposition to the Court and its methods, but nothing came of that. The Court itself in its communications with the students' parents and guardians gave assurances that "Every effort has been made to prevent any knowledge of this affair from becoming public."

Yet a few students must have spoken with a reporter. On June 19, the Boston American
Boston American
The Boston American was a daily tabloid newspaper published in Boston, Massachusetts from March 21, 1904 until September 30, 1961. The newspaper was part of William Randolph Hearst's chain, and thus was also known as Hearst's Boston American....

 ran a news story that connected the few public facts: two Harvard students, friends, both from Fall River, Massachusetts
Fall River, Massachusetts
Fall River is a city in Bristol County, Massachusetts, in the United States. It is located about south of Boston, southeast of Providence, Rhode Island, and west of New Bedford and south of Taunton. The city's population was 88,857 during the 2010 census, making it the tenth largest city in...

, had died within a month of one another: Cyril Wilcox "accidentally killed by gas" at home on May 13 and dentistry student Eugene Cummings a suicide in the infirmary on June 11. Cummings, the story went on, had told friends about "an alleged inquisition, which he claimed was held in the college following Wilcox' death." He had been taken to a room "shrouded in gloom" and "questioned exhaustively." College authorities denied his story and said it was the product of his "disordered mind." Finally, Court member Dr Roger I. Lee put an end to further inquiries. Cummings, he told the Boston American, "had been acting in a queer manner," using an adjective that indicated Cummings' underlying condition was not fit for public discussion. Contemporary press coverage ended with that one article.

Second anonymous letter

A second anonymous letter reached the Court as it concluded its work. The author upbraided the Court for failing to identify "most, if not all" of those students guilty of homosexual activity. The Court, according to the author, mishandled its investigation by concentrating on the Roberts group, which encompassed only half of the 50 students the Court should have identified. The others disliked the Roberts set and had "little cliques of their own." They now "continued their practices within the student body and continued spreading it." The letter also said that the Court's methods, such as the grilling Cummings described and using expulsion as its consistent punishment, were not well considered. It argued that offering more lenient treatment like "probation, etc." in return for additional names of associates would have accomplished more. The identity of the letter's author remains unknown.

The Court took no action in response to this critique. On commencement day, June 22, less than 4 weeks after the Court began interviewing students, the senior class exercises in Sanders Theatre were followed by another ceremony at the stadium
Harvard Stadium
Harvard Stadium is a horseshoe-shaped football stadium in the Allston neighborhood of Boston, Massachusetts, in the United States. Built in 1903, the stadium seats 30,323. The stadium seated up to 57,166 in the past, as permanent steel stands were installed in the north end of the stadium in 1929...

. "The usual spreads and dances at clubs and fraternity houses were arranged....Rain fell at frequent intervals during the evening, putting a damper on the outdoor program."

In July, in a somewhat different context, Dean Greenough claimed the Court did all it could with the evidence it extracted from its witnesses. Grace Smerage, the mother of expelled student Keith Smerage, had complained to Greenough that Harvard had just graduated others her son said were as guilty as he or more so. Greenough replied on behalf of the Court: "We certainly cannot be held responsible for not acting on evidence we did not posses, especially when we have asked all the boys we have summoned if they had anything further to tell us. If boys choose to shield those who are guilty they must accept the incomplete results of a Board acting upon information which is inadequate because the boys themselves have chosen to let it be inadequate."

Investigators

Edward R. Gay served as Assistant Dean of Harvard College from 1919 to 1923. He was born in London to American parents and served in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 as a second lieutenant of artillery. Though a college administrator at the time of the Court, he only received his Harvard diploma magna cum laude in 1922. Following his years at Harvard, he worked as a newspaper copy editor and then embarked on a distinguished business career in the paper industry, ending as Vice Chairman of the Board of St. Regis Paper Company. He died at his home in New York City on July 18, 1966.

Chester Noyes Greenough was a Professor of English serving a two-year term as Acting Dean of Harvard College in 1920. Born in Wakefield, Massachusetts
Wakefield, Massachusetts
-History:-Geography:The diagram above shows what is to the east, west, north, south, and other directions of the center of Wakefield. Towns with population above 25,000 are in bold italics.-Demographics:-Notable residents:...

 in 1874, he graduated from Harvard in 1898 and became a Professor of English in 1915. In the 1920s he held the post of Dean in his own right and became the first Master of Dunster House
Dunster House
Dunster House, built in 1930, is one of the first two Harvard University dormitories constructed under President Abbott Lawrence Lowell's House Plan, and one of the seven Houses given to Harvard by Edward Harkness. In the early days, room rents varied based on the floor and the size of the room...

, serving from 1930 to 1934. One of his publications became a popular textbook. He died on February 27, 1938. Greenough Hall, a Harvard dormitory, is named for him.

Roger I. Lee was head of the Department of Hygiene. As doctor to the students, he conducted their annual physical examinations. He was born in 1881 and at Harvard he earned his bachelor's degree in 1902 and medical degree in 1905. He served as a lieutenant-colonel in the Medical Corps in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

. Upon his return from service he authored Health and Disease: Their Determining Factors. As a reaction to the discovery that so many World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 recruits were unfit for service, he initiated at Harvard one of the first collegiate fitness programs in 1919. He was Professor of Hygiene from 1914 to 1924 and later served as a member of the Harvard Corporation
President and Fellows of Harvard College
The President and Fellows of Harvard College is the more fundamental of Harvard University's two governing boards...

 from 1931 to 1954. He played a prominent role in several medical organizations, notably as President of the American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...

 in 1945-46. He retired from the practice of medicine at 80 and died October 29, 1965 at the age of 84.

Abbott Lawrence Lowell
Abbott Lawrence Lowell
Abbott Lawrence Lowell was a U.S. educator and legal scholar. He served as President of Harvard University from 1909 to 1933....

 was in his tenth year as President of the University. He was born in Brookline, Massachusetts
Brookline, Massachusetts
Brookline is a town in Norfolk County, Massachusetts, United States, which borders on the cities of Boston and Newton. As of the 2010 census, the population of the town was 58,732.-Etymology:...

 in 1856, the scion of a famous family. He graduated from Harvard College cum laude in 1877 and from Harvard Law School in 1880. After practicing law, he taught at Harvard and in 1909 began his 24-year tenure as President of Harvard University. An educational reformer, he implemented a new set of academic requirements for Harvard undergraduates that required them to concentrate in a particular discipline beginning in 1914. He established a distinctive profile as a defender of academic freedom in the years during and after World War I. His tenure was marked by controversies about his proposed establishment of a quota to limit the admission of Jewish students and his attempt to exclude African American students from residing in the Freshman Halls. He implemented Harvard College's residential house system in 1930 and retired in 1933. He died in 1943.

Matthew Luce was Harvard's Regent in 1920, the administrative officer charged with responsibility for the welfare and conduct of the student population. He supervised residence hall proctors and student organizations. He was a Harvard graduate from the class of 1891. During World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 he served as assistant secretary of the Massachusetts Food Administration. When appointed Regent in 1919, he worked at a firm of wool dealers, Luce and Manning, and was a trustee of the Massachusetts Society for the Prevention of Cruelty to Children
Massachusetts Society for the Prevention of Cruelty to Children
Massachusetts Society for the Prevention of Cruelty to Children is a non-governmental charitable organization with offices in Boston and throughout Massachusetts which seeks to strengthen families and prevent child abuse through essential child welfare and mental health treatment and effective...

. He served as Regent until his resignation in 1935. Upon his resignation, the Harvard Crimson described him as "obscure by preference and by the nature of his functions, and an officer of the University unknown to students who followed the relatively straight and narrow path....Since he acted as an intermediary without disciplinary authority, his office was largely what he himself wanted to make it, and he considered it a roving commission to pour oil on troubled waters."

Kenneth Murdock was an Assistant Dean of Harvard College. A Boston native, he was just 25 years old at the time of the Court. He graduated from Harvard summa cum laude in 1916 and then served in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 as an ensign in the Navy. He then returned to the college as Assistant Dean, while his father, a successful banker, was serving on a committee that was reorganizing the University's finances. He later earned his doctorate in English from Harvard and enjoyed a distinguished academic career as Francis Lee Higginson Professor of English Literature, Dean of the Faculty of Arts and Sciences (1931–36), and the first Master of Leverett House
Leverett House
Leverett House is the largest of twelve residence houses for upperclass undergraduates at Harvard University...

 (1930–41). Among his many publications were Literature & Theology in Colonial New England and The Notebooks of Henry James, which he edited with F.O. Matthiessen
F. O. Matthiessen
Francis Otto Matthiessen was an educator, scholar and literary critic influential in the fields of American literature and American studies.-Scholarly work:...

. He died in 1975.

Witnesses and other parties

Donald Clark was a 24-year-old graduate of Wesleyan University
Wesleyan University
Wesleyan University is a private liberal arts college founded in 1831 and located in Middletown, Connecticut. According to the Carnegie Foundation for the Advancement of Teaching, Wesleyan is the only Baccalaureate College in the nation that emphasizes undergraduate instruction in the arts and...

, an Assistant Professor of Philosophy at Harvard, and a Ph.D. candidate there. Fluent in Italian, German and French, he served during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 as a special agent in the U.S. Department of Justice. He received a master's degree in Philosophy from Harvard in 1918 and was in the third year of his Ph.D. program when the Court summoned him for an interview after a student claimed to have been propositioned by Clark. As a mark of the Court's profound concern about Clark's status as an instructor, Harvard President Lowell attended his interrogation. Clark confessed to having homosexual sex on a number of occasions. The Court told him he would have to withdraw from the Ph.D. program and would not be reappointed to his teaching position. He was expected to finish grading examinations. Later President Lowell crossed Clark's name off all school records. Clark taught for a while at Mills College
Mills College
Mills College is an independent liberal arts women's college founded in 1852 that offers bachelor's degrees to women and graduate degrees and certificates to women and men. Located in Oakland, California, Mills was the first women's college west of the Rockies. The institution was initially founded...

 and at the David Mannes School of Music, published a book of poetry and translations from Italian and German. He worked as a librarian at the National Jewish Hospital in Denver until his death from tuberculosis at age forty-seven in 1943.

Ned Courtney had no relationship with Harvard. He worked as a waiter at the Café Dreyfus and probably had sex with several Harvard students. Nevertheless he responded to the Court's summons and submitted to its questioning. The Court's notes indicate that Harvard would do what it could to terminate his employment.

Eugene R. Cummings was a 23-year-old student just three weeks from completing a program in dentistry. He was an active homosexual and thoroughly embedded in the group of students the Court was targeting. Soon after he faced the Court's questioning, he became ill and checked himself into Harvard's Stillman Infirmary. A few days later, on June 11, before being notified that he was expelled, he used his medical knowledge to commit suicide using drugs available there. His death provoked the only press coverage of the Court's work.

Kenneth Day was a popular student athlete and the roommate of Cyril Wilcox, whose suicide triggered the creation of the Court. He admitted to sexual relations with men and was expelled. Though told he might be considered for readmission, his repeated requests were denied. He married in April 1926 and moved to New York, where he worked as a head bank teller. He had two daughters, was widowed late in life, and married twice more.

Harry Dreyfus was born Henry Arthur Dreyfus on January 24, 1891. He was 8 years older than Cyril Wilcox, the Harvard student with whom he had an affair. He worked at the Café Dreyfus, which was known in certain circles as a gathering place for homosexuals, in the hotel his father owned in Boston. Though in no way connected to Harvard, he submitted to the Court's interrogation. The Court terminated its interview notes with the words "No action possible." He moved to Providence in the late 1920s, where he lived as a bachelor. He died in September 1978 in Miami.

Stanley Gilkey, a sophomore from New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

 and the son of a Congregational
Congregational church
Congregational churches are Protestant Christian churches practicing Congregationalist church governance, in which each congregation independently and autonomously runs its own affairs....

 minister, was probably an active homosexual, but he successfully lied to the Court about his associates and judgments. The Court expelled him for associating too closely with Roberts, for demonstrating an interest in the subject of homosexuality, and for claiming the ability to recognize homosexuals. He admitted reading works by Havelock Ellis
Havelock Ellis
Henry Havelock Ellis, known as Havelock Ellis , was a British physician and psychologist, writer, and social reformer who studied human sexuality. He was co-author of the first medical textbook in English on homosexuality in 1897, and also published works on a variety of sexual practices and...

, but explained that his interest in homosexuality was just part of his more general interest in criminology
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...

. Though expelled, the Court had no evidence he had participated in homosexual activity. His request to be readmitted was granted in 1921 and he graduated in 1923. He lived in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...

 for two years, then returned to the U.S., where he produced ten Broadway shows over 20 years. He died in Pacifica, California in 1979.

Windsor Hosmer was born in upstate New York in 1894. After two years at Harvard, he interrupted his studies to serve in the Ambulance Corps with the French army in WWI and then returned to graduate in 1919. During the Court's investigations he was a graduate student in business and the proctor of Perkins Hall. He earned his Harvard MBA in 1921. He then taught briefly at Harvard Business School before moving to Hobart College
Hobart and William Smith Colleges
Hobart and William Smith Colleges, located in Geneva, New York, are together a liberal arts college offering Bachelor of Arts, Bachelor of Science and Master of Arts in Teaching degrees. In athletics, however, the two schools compete with separate teams, known as the Hobart Statesmen and the...

. He returned to Harvard in 1931 and became a full professor in 1937. He published several accounting texts and served as an adviser on accounting to the United States Atomic Energy Commission
United States Atomic Energy Commission
The United States Atomic Energy Commission was an agency of the United States government established after World War II by Congress to foster and control the peace time development of atomic science and technology. President Harry S...

 during in the 1950s. He set up and helped manage 2 small businesses and tried to establish a formal program in small business management at Harvard Business School. With two colleagues he published Small Business Management in 1966. He retired from teaching in 1963.

Joseph Lumbard
J. Edward Lumbard
Joseph Edward Lumbard, Jr. was a United States federal judge.Lumbard was born in Harlem, New York City. He attended DeWitt Clinton High School in the Bronx. In 1920, while an undergraduate Harvard University, he was expelled by its "Secret Court" of 1920 for associating with a group of...

 was a 19-year-old student who, in the Court's judgment, was "too closely connected" with others who had committed homosexual acts, including his roommate, Edward Say, who was "deeply involved." Lumbard had come to terms with Say's odd behavior and showed him a measure of sympathy. For not segregating himself from his roommate's friends and for showing too much curiosity he was expelled. Not having committed a homosexual act, Lumbard gained readmission in 1921 and graduated from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

 in 1925. Harvard twice provided explanations for Lumbard's expulsion, once in 1931 when he was being considered for employment by the U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

's office and again in 1953 when President-elect Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...

 was considering him for a seat on the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...

. In the second case, at least, Harvard's Registrar reported that he gave the FBI "the facts in the case clearing L[umbard] of any question," saying that Lumbard had been expelled "solely because of association with [the homosexual] group spacially." Lumbard married in 1929. Better known as J. Edward Lumbard
J. Edward Lumbard
Joseph Edward Lumbard, Jr. was a United States federal judge.Lumbard was born in Harlem, New York City. He attended DeWitt Clinton High School in the Bronx. In 1920, while an undergraduate Harvard University, he was expelled by its "Secret Court" of 1920 for associating with a group of...

, he had a long and distinguished legal career in private practice and in government and died in 1999.

Ernest Weeks Roberts made his rooms the center of the homosexual social scene. His letter to Cyril Wilcox, arriving after the latter's suicide, made his sexual position clear. He was the son of retired U.S. Representative Ernest William Roberts and had served during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 in the Harvard unit of the Students' Army Training Corps (SATC). Despite his poor academic performance, he hoped to enter Harvard Medical School
Harvard Medical School
Harvard Medical School is the graduate medical school of Harvard University. It is located in the Longwood Medical Area of the Mission Hill neighborhood of Boston, Massachusetts....

. The Court expelled him. He married less than a year later, saw the birth of Ernest Jr. at the end of 1921, and enjoyed a successful career as an interior decorator.

Harold Winfield Saxton was a 25-year-old Harvard graduate working as a tutor to Harvard students. The Court had the incriminating letter he wrote to Cyril Wilcox and he contradicted himself when giving testimony. The Court banished him from the university and thereafter he had difficulty finding employment when Harvard refused to recommend him. After teaching at a variety of schools around the country, as well as in England, Saxton eventually returned home to Chelsea, Massachusetts
Chelsea, Massachusetts
Chelsea is a city in Suffolk County, Massachusetts, United States directly across the Mystic River from the city of Boston. It is the smallest city in Massachusetts in land area, and the 26th most densely populated incorporated place in the country.-History:...

, where he remained at his parents' home until at least 1942. Nothing further is known of his life.

Edward Say was 20 years old and had a rather delicate constitution after spending years recovering from a spinal deformity. He insisted he had never engaged in any homosexual activity, though other witnesses before the Court claimed that he had. After the Court expelled him, he returned to Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

 and worked as a securities salesman. He was active in his church and remained unmarried when he was killed in the crash of a car in which he was a passenger on July 13, 1930.

Keith Smerage was a junior and a member of the Dramatic Club. To the Court he confessed to a variety of homosexual contacts before realizing that the Court would not respond to honesty with leniency. In a confrontational conclusion, he told the Court he could add 50 additional names to the few he had already furnished, but would not. He later claimed the Court had tricked him into confessing by lying about the evidence against him. After being expelled, Smerage became assistant manager of his mother's inn in Topsfield, Massachusetts
Topsfield, Massachusetts
Topsfield is a town in Essex County, Massachusetts, United States. The population was 6,085 at the 2010 census.Part of the town comprises the census-designated place of Topsfield.-Colonial period:...

. He had some jobs in regional theater productions, using "Richard Keith" as his stage name, once playing the lead in Tangerine. He was out of work when he committed suicide by inhaling household gas in his Greenwich Village
Greenwich Village
Greenwich Village, , , , .in New York often simply called "the Village", is a largely residential neighborhood on the west side of Lower Manhattan in New York City. A large majority of the district is home to upper middle class families...

 apartment on September 8, 1930.

Nathaniel Wollf was a 25-year-old from Buffalo, New York
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...

, just days away from graduating, when he volunteered to Dean Greenough that he had information about the suicide of Cyril Wilcox and was quickly swept up in the Court's investigation. When interviewed he described several homosexual experiences but asserted he had made a clean break. The Court expelled him and refused his requests for re-admittance though it had initially offered hope that he might return. Wollf's application for admittance to McGill University
McGill University
Mohammed Fathy is a public research university located in Montreal, Quebec, Canada. The university bears the name of James McGill, a prominent Montreal merchant from Glasgow, Scotland, whose bequest formed the beginning of the university...

 was also denied because of Harvard's report of the reason for his expulsion. Wollf earned a medical degree at Bellevue Hospital Medical College in New York City. After studying psychiatry for three more years, he spent ten years pursuing painting and academic interests. He traveled widely and briefly converted to Islam
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

. He opened a nightclub in Barcelona
Barcelona
Barcelona is the second largest city in Spain after Madrid, and the capital of Catalonia, with a population of 1,621,537 within its administrative limits on a land area of...

 in 1935. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, he returned to the United States and he served as a psychiatrist for returning soldiers. He then practiced medicine in Mexico. He never married and died in London in 1959.

Revelations and interpretations

In 2002, a researcher from The Crimson
The Harvard Crimson
The Harvard Crimson, the daily student newspaper of Harvard University, was founded in 1873. It is the only daily newspaper in Cambridge, Massachusetts, and is run entirely by Harvard College undergraduates...

, the school's undergraduate daily newspaper, came across a box of files labeled "Secret Court" in the University Archives. After a protracted campaign on the part of the paper's staff, the university released five hundred documents relating to the Court's work. An article by Amit R. Paley in The Crimsons weekly magazine Fifteen Minutes reported the 1920 events on November 21, 2002. Though the University insisted on redacting the names of those under investigation, six researchers at the paper were able to identify most through research in other records.

Harvard University's President Lawrence H. Summers responded to that story with these words:
These reports of events long ago are extremely disturbing. They are part of a past that we have rightly left behind. I want to express our deep regret for the way this situation was handled, as well as the anguish the students and their families must have experienced eight decades ago. Whatever attitudes may have been prevalent then, persecuting individuals on the basis of sexual orientation is abhorrent and an affront to the values of our university. We are a better and more just community today because those attitudes have changed as much as they have.


An editorial in The Crimson two weeks later called on the university to grant "posthumous honorary degrees" to those expelled and not allowed to return. It also charged that by failing to reveal the names of the students involved "the University implies that they were accused of some legitimate transgression."

In a letter to the editor the next week, Gladden J. Pappin, a Harvard junior and editor of a conservative campus magazine, the Harvard Salient, objected to the editorial's proposed degrees and called the Court's work "a very appropriate disciplinary move." He also called for the administration to "reestablish standards of morality" and punish violators, noting that "Such punishments would apply to heterosexuals, of course, but even more so to homosexuals, whose activities are not merely immoral but perverted and unnatural." In a similar vein, conservative commentator Pat Buchanan
Pat Buchanan
Patrick Joseph "Pat" Buchanan is an American paleoconservative political commentator, author, syndicated columnist, politician and broadcaster. Buchanan was a senior adviser to American Presidents Richard Nixon, Gerald Ford, and Ronald Reagan, and was an original host on CNN's Crossfire. He sought...

 wrote: "Harvard appears to have quietly expelled a few deviates while avoiding a public scandal that would have ruined their reputations and damaged Harvard’s good name. What did Harvard do wrong?...Harvard has not only turned its back on its Christian past, it has just renounced its Christian roots as poisoned and perverted."

A book-length study of the Court's work appeared in 2005, Harvard's Secret Court, by William Wright. More of a popular dramatization than a history, it recounts the Court's work in considerable detail, but also includes imagined conversations and considerable speculation. Where only the notes of an interrogation survive, the author reconstructs the questions and even characterizes the tone of voice of the questioners.

In 2008, Michael Van Devere wrote, produced, and directed a different kind of dramatization: a film based on the Court's work called Perkins 28: Testimony from the Secret Court Files of 1920. The film consists of re-enactments of 9 of the Court's interrogation sessions and uses a cast of Harvard undergraduates. The screenplay uses the Court's documents as its starting point.

In 2010 a movement called "Their Day in the Yard," aiming to petition Harvard University to grant posthumous honorary degrees to the expelled students, launched a Facebook page and a website.

Two stage works dramatizing the Court and the affected students have been presented in New York. In 2010, VERITAS, by Stan Richardson, was presented at the New York International Fringe Festival
New York International Fringe Festival
The New York International Fringe Festival, or FringeNYC, is a Fringe theater festival and one of the largest multi-arts events in North America. It takes place over the course of two weeks every August, spread across several neighborhoods in downtown Manhattan, notably the Lower East Side, the...

, and in 2011 Classic Stage Company
Classic Stage Company
Classic Stage Company, or CSC, is a classical Off-Broadway theater dedicated to reimagining the classical repertory for a contemporary American audience, presenting plays from the past that speak directly to today's issues. Founded in 1967, Classic Stage Company is one of Off-Broadway's...

presented Unnatural Acts: Harvard's Secret Court of 1920, conceived by Tony Speciale and created by members of the Plastic Theatre.

External links

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