Kip Rhinelander
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''Rhinelander v. Rhinelander'' was a divorce case between Kip Rhinelander and Alice Jones. Leonard "Kip" Rhinelander (May 9, 1903 – February 20, 1936) was an
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and a member of the socially prominent and wealthy
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Rhinelander family. His marriage at the age of 21 to Alice Jones, a biracial woman who was a working-class daughter of English immigrants, made national headlines in 1924. Their 1925
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
trial highlighted contemporary strains related to the instability of the upper class, as well as racial anxiety about " passing" at a time when New York was a destination for numerous blacks from the South in the Great Migration and immigrants from Southern and Eastern Europe. The trial also touched on the vague legal definition of the time as to who was to be considered "
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" or "
colored ''Colored'' (or ''coloured'') is a racial descriptor historically used in the United States during the Jim Crow, Jim Crow Era to refer to an African Americans, African American. In many places, it may be considered a Pejorative, slur, though it ...
," alternately portraying race as biologically determined and knowable or as more fluid. Interracial marriages in New York State were legal, but rare.


Rhinelander family

Rhinelander was born in 1903 in
Pelham, New York Pelham is a suburban town in Westchester County, approximately 10 miles northeast of Midtown Manhattan. As of the 2020 census, it had a population of 13,078, an increase from the 2010 census. Historically, Pelham was composed of five villages ...
to Adelaide Brady (née Kip) and Philip Jacob Rhinelander. Nicknamed “Kip” (his mother's maiden name), Rhinelander was the youngest of five children, including four sons and one daughter. The couple's eldest child, Isaac Leonard Kip, died in infancy. Rhinelander's mother Adelaide died on September 11, 1915 after sustaining burns when an alcohol lamp on her dressing table exploded. The third son, T.J. Oakley Rhinelander, died in France in 1918 while serving in the 107th Regiment during
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
. The immigrant ancestor of the Rhinelander family in America was Philip Jacob Rhinelander, a German-born French Huguenot who immigrated to North America in 1686 to escape religious persecution following the revocation of the
Edict of Nantes The Edict of Nantes () was signed in April 1598 by King Henry IV and granted the Calvinist Protestants of France, also known as Huguenots, substantial rights in the nation, which was in essence completely Catholic. In the edict, Henry aimed pr ...
. He settled in the newly formed French
Huguenot The Huguenots ( , also , ) were a religious group of French Protestants who held to the Reformed, or Calvinist, tradition of Protestantism. The term, which may be derived from the name of a Swiss political leader, the Genevan burgomaster Be ...
community of
New Rochelle New Rochelle (; older french: La Nouvelle-Rochelle) is a city in Westchester County, New York, United States, in the southeastern portion of the state. In 2020, the city had a population of 79,726, making it the seventh-largest in the state of ...
in 1686, where he amassed considerable property holdings, the basis for the family's wealth. The Rhinelanders are considered one of the nation's earliest shipbuilders. The family also had holdings in real estate and owned the Rhinelander Real Estate Company. By the late 19th century, many members of the family were active in philanthropic causes and were active in New York
high society High society, sometimes simply society, is the behavior and lifestyle of people with the highest levels of wealth and social status. It includes their related affiliations, social events and practices. Upscale social clubs were open to men based ...
.


Marriage

In September 1921, Rhinelander began a romance with Alice Beatrice Jones (July 19, 1899/1900 – September 13, 1989), the daughter of a working-class family. The two met while Rhinelander was attending the Orchard School in
Stamford, Connecticut Stamford () is a city in the U.S. state of Connecticut, outside of Manhattan. It is Connecticut's second-most populous city, behind Bridgeport. With a population of 135,470, Stamford passed Hartford and New Haven in population as of the 2020 ...
, an inpatient clinic where he was seeking treatment to help him overcome extreme shyness and to cure his
stuttering Stuttering, also known as stammering, is a speech disorder in which the flow of speech is disrupted by involuntary repetitions and prolongations of sounds, syllables, words, or phrases as well as involuntary silent pauses or blocks in which the ...
. Jones was a few years older than Rhinelander and the daughter of English immigrants; her mother was white and her father was of mixed race (then termed “
mulatto (, ) is a racial classification to refer to people of mixed African and European ancestry. Its use is considered outdated and offensive in several languages, including English and Dutch, whereas in languages such as Spanish and Portuguese is ...
”). It was reported that, during their three-year relationship, Jones’ father, George, attempted to dissuade the couple from continuing their romance. George Jones reportedly tried appealing to Rhinelander that his family would never accept his daughter due to their differences in class. However, Alice Jones would eventually file court papers, denying that her father ever made this attempt. In February 1922, Rhinelander's father, Philip, attempted to end the relationship by sending his son away to Bermuda on a chaperoned excursion that would separate the couple for two years, as he traveled to Washington D.C., Havana, Panama and California. In October 1922, Philip Rhinelander placed his son in an Arizona private school. However, the couple kept in contact through letters, as evidenced by letters produced at the trial, and when Leonard Rhinelander turned 21 years old, he returned to New York. On October 14, 1924, he married Jones in a civil ceremony at New Rochelle's city hall. The marriage certificate listed both the groom and the bride as "white." Once Jones' ethnicity came into question, the fact that her marriage license identified her as "white" was reported, implying that she had sought to hide her mixed racial ancestry. During the trial, Jones' attorney asked Leonard Rhinelander whether the city hall clerk who had filled out their marriage license had asked either of them whether they were white or "colored." Rhinelander said the clerk had not. The newlyweds rented an apartment in
New Rochelle New Rochelle (; older french: La Nouvelle-Rochelle) is a city in Westchester County, New York, United States, in the southeastern portion of the state. In 2020, the city had a population of 79,726, making it the seventh-largest in the state of ...
, ordered furniture and moved in with Jones' parents in
Pelham Manor Pelham Manor is an affluent village located in Westchester County, New York. As of the 2020 census, the village had a total population of 5,752. It is located in the town of Pelham. History The Bolton Priory, Edgewood House, and Pelhamdale are ...
while setting up their household. Rhinelander did not tell his family of the marriage, but continued to stay in Manhattan and work at Rhinelander Real Estate Company during the week. Although the couple attempted to keep their marriage secret—Jones' sister Grace claimed the couple even paid reporters not to announce their marriage—the press soon announced the news of the marriage. Because of the Rhinelanders' fortune and social standing,
New Rochelle New Rochelle (; older french: La Nouvelle-Rochelle) is a city in Westchester County, New York, United States, in the southeastern portion of the state. In 2020, the city had a population of 79,726, making it the seventh-largest in the state of ...
reporters were eager to learn about Jones' background and began investigating. Reporters discovered that Jones was the daughter of English immigrants and her father, George, was a "colored man." The Rhinelanders got wind that reporters had discovered Jones' heritage and attempted to keep the information out of the papers. According to one article printed in the ''
New York Daily Mirror The ''New York Daily Mirror'' was an American morning tabloid newspaper first published on June 24, 1924, in New York City by the William Randolph Hearst organization as a contrast to their mainstream broadsheets, the ''Evening Journal'' and ''N ...
'', the Rhinelanders sent an "agent" to warn the editor of the ''New Rochelle Standard Star'' that if the story was printed, there would be "dire punishment." The editor ignored the threat and on November 13, 1924, the ''New Rochelle Standard Star'' printed the story with the headline, "Rhinelander's Son Marries Daughter of Colored Man." '' The New York Evening Post'' picked up the story but was hesitant to identify Jones' father as
black Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white have o ...
. They instead referred to George Jones as being "
West Indian A West Indian is a native or inhabitant of the West Indies (the Antilles and the Lucayan Archipelago). For more than 100 years the words ''West Indian'' specifically described natives of the West Indies, but by 1661 Europeans had begun to use it ...
." Other papers picked up the story but most were also careful to omit the racial angle, choosing instead of focus on the differences in Rhinelander and Jones’
social class A social class is a grouping of people into a set of Dominance hierarchy, hierarchical social categories, the most common being the Upper class, upper, Middle class, middle and Working class, lower classes. Membership in a social class can for ...
. In a number of newspapers, Jones was variously identified as a
nanny A nanny is a person who provides child care. Typically, this care is given within the children's family setting. Throughout history, nannies were usually servants in large households and reported directly to the lady of the house. Today, modern ...
, a nurse or a laundress. Other media accounts referred to the jobs of Jones’ family; her father was identified as a cab driver or stagecoach driver and her uncle as a butler, which at the time were understood to be positions held mainly by black people . The Hearst-owned tabloid ''
New York Daily Mirror The ''New York Daily Mirror'' was an American morning tabloid newspaper first published on June 24, 1924, in New York City by the William Randolph Hearst organization as a contrast to their mainstream broadsheets, the ''Evening Journal'' and ''N ...
'', however, ran a front-page banner headline: "RHINELANDER WEDS NEGRESS/Society dumbfounded." And the black newspaper ''
The Pittsburgh Courier The ''Pittsburgh Courier'' was an African-American weekly newspaper published in Pittsburgh, Pennsylvania, from 1907 until October 22, 1966. By the 1930s, the ''Courier'' was one of the leading black newspapers in the United States. It was acqu ...
'' referred to both parties' races, with the front-page headline "Caucasian '400' Stunned Over Marriage of White Millionaire to Colored Beauty." Most larger city papers were wary of printing such a scandalous story, deferential to or fearful of the Rhinelanders' wealth and prominent social status.


Divorce trial

For a time, Rhinelander stood by his wife during the intense national coverage of their marriage. But after two weeks under a threat of disinheritance, he succumbed to his family's demands that he leave Jones and signed an
annulment Annulment is a legal procedure within Law, secular and Religious law, religious legal systems for declaring a marriage Void (law), null and void. Unlike divorce, it is usually ex post facto law, retroactive, meaning that an annulled marriage is c ...
complaint that his father's lawyers had prepared. The document asserted that Jones had intentionally deceived Rhinelander by hiding her true race and had passed as a white woman. Jones' attorney denied Rhinelander's claim on her behalf, saying that her
mixed race Mixed race people are people of more than one race or ethnicity. A variety of terms have been used both historically and presently for mixed race people in a variety of contexts, including ''multiethnic'', ''polyethnic'', occasionally ''bi-ethn ...
was obvious. Rhinelander later said that Jones hadn't deceived him outright but did so by letting him believe she was white. The ensuing divorce trial in New Rochelle was known as ''Rhinelander v. Rhinelander'' and attracted national attention. Rhinelander's attorney was Isaac N. Mills, a former
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
justice. Jones retained a former protégé of Mills, Lee Parsons Davis. The jury was all-white and all-male. Jones' attorney Davis said openly that his client and Rhinelander had engaged in sex before they were married; he read love letters written by Rhinelander that detailed the couple's intimate sexual activity. Davis contended that Rhinelander had seen Jones' "dusky" breasts and legs, thus making it impossible for him not to have known that Jones was biracial. He also showed that Rhinelander had clearly pursued her, overturning Mills' presentation of Rhinelander as having been bewitched by an older woman. In an unusual turn,
blackface Blackface is a form of theatrical makeup used predominantly by non-Black people to portray a caricature of a Black person. In the United States, the practice became common during the 19th century and contributed to the spread of racial stereo ...
performer
Al Jolson Al Jolson (born Eizer Yoelson; June 9, 1886 – October 23, 1950) was a Lithuanian-American Jews, Jewish singer, comedian, actor, and vaudevillian. He was one of the United States' most famous and highest-paid stars of the 1920s, and was self-bi ...
was called to testify that he did not have an affair with Jones, after a letter was disclosed at the trial in which she said she heard from a co-worker that Jolson was a "flirt." "It was a year-long event marked by several bizarre developments, including rumors of bribery and extortion, public reading of Leonard's love-letters, the partial disrobing of the defendant so that the jurors could examine her skin." The trial was notorious for Jones being asked to display a portion of her body to the jury in the judge's chambers. Wearing a coat over underwear, she dropped the coat to the top of her breasts so they could see her shoulders; then she pulled it up so they could see her lower legs. The question of "whiteness" was not litigated, but this was Davis' attempt to show what Rhinelander would have seen. (245 N.Y. 510). The jury viewed her shoulders, back and legs, concluding that she was indeed "
colored ''Colored'' (or ''coloured'') is a racial descriptor historically used in the United States during the Jim Crow, Jim Crow Era to refer to an African Americans, African American. In many places, it may be considered a Pejorative, slur, though it ...
" and that Rhinelander had to have been aware that she had some black ancestry, and thus could be reasonably sure that she had not tried to deceive him about her racial identity. The judge barred reporters from seeing the demonstration to prevent any photographs. The tabloid newspaper ''
New York Evening Graphic The ''New York Evening Graphic'' (not to be confused with the earlier '' Daily Graphic)'' was a tabloid newspaper published from 1924 to 1932 by Bernarr Macfadden. Exploitative and mendacious in its short life, the ''Graphic'' exemplified tablo ...
'', which had regularly used
composograph Composograph refers to a forerunner method of photo manipulation and is a retouched photographic collage popularized by publisher and physical culture advocate Bernarr Macfadden in his ''New York Evening Graphic'' in 1924. The ''Graphic'' was dubb ...
s to depict various events, usually salacious in nature, created a photograph depicting a model stripped to the waist with her back to the camera being viewed by a group of lawyers and one woman in a courtroom. The photo ran on the front page of the ''Evening Graphic'' and boosted the paper's circulation. After weighing all the evidence, the jury ruled in Jones' favor. The annulment Rhinelander requested was denied and the marriage was upheld. "Alice's court victory may have been enabled by the fact that Alice performed her racial identity as the all-white, male, married jurors expected of a colored woman, and that Leonard failed to perform his racial, gender, and class identities as expected of him as a white, wealthy gentleman." Rhinelander appealed several times but the verdict was upheld. He disappeared from public view but was discovered living in
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
in July 1929. Rhinelander was using the
assumed name A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name ( orthonym). This also differs from a new name that entirely or legally replaces an individu ...
"Lou Russell," had grown a mustache, put on weight and was working as a woodcutter. Jones remained in New York where she filed a separation suit against Rhinelander, charging him with abandonment and his father with interference with the marriage. In December 1929, Rhinelander was granted a divorce by default in
Las Vegas Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas ...
. The divorce was not recognized in New York, where Jones still had a separation suit pending. Rhinelander and Jones eventually reached a settlement in the separation suit. Rhinelander was ordered to pay Jones a lump sum of $32,500 (approximately $) and $3,600 a year for the remainder of her life—$300 a month, which was never adjusted for inflation. In return, Jones forfeited all claims to the Rhinelander estate and agreed not to use the Rhinelander name or to speak publicly or write about her story. She honored those terms for the rest of her life.


Later years

Rhinelander eventually returned to New York where he worked as an
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for his family's company, the Rhinelander Real Estate Company. Rhinelander never remarried. On February 20, 1936, at the age of 32, Rhinelander died of
lobar pneumonia Lobar pneumonia is a form of pneumonia characterized by inflammatory exudate within the intra-alveolar space resulting in consolidation that affects a large and continuous area of the lobe of a lung. It is one of three anatomic classifications o ...
at his father's home in
Long Beach, New York Long Beach is an oceanfront Administrative divisions of New York#City, city in Nassau County, New York, Nassau County in New York (state), New York, United States. It takes up a central section of the Long Beach Barrier Island, which is the weste ...
. He was buried in the family vault in Woodlawn Cemetery in
The Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
. After Rhinelander's death, his father, Philip, followed the advice of the family attorney and continued to pay Jones her yearly settlement money. However, when Phillip died four years later in March 1940, at age 74, leaving his multimillion-dollar estate to his lone surviving child, Adelaide, as well as two nieces, and two granddaughters, Adelaide promptly stopped the quarterly payments. The disbursements accounted for only 0.0004 of the estate, but the heirs opposed them as "an onerous demand for life support." Jones took Phillip Rhinelander's heirs to court. After two years of court battles, the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
upheld the original settlement agreement, and the heirs resumed Jones' payments. After her final court battle with the Rhinelanders, Alice Jones remained out of the public eye. She also never remarried; she continued to live with her parents in Pelham Manor. Her father died of a
heart attack A myocardial infarction (MI), commonly known as a heart attack, occurs when blood flow decreases or stops to the coronary artery of the heart, causing damage to the heart muscle. The most common symptom is chest pain or discomfort which may tr ...
in 1933. Her mother died of a
stroke A stroke is a medical condition in which poor blood flow to the brain causes cell death. There are two main types of stroke: ischemic, due to lack of blood flow, and hemorrhagic, due to bleeding. Both cause parts of the brain to stop functionin ...
in December 1938. Alice Jones died in a Westchester hospital on September 13, 1989, of a
heart attack A myocardial infarction (MI), commonly known as a heart attack, occurs when blood flow decreases or stops to the coronary artery of the heart, causing damage to the heart muscle. The most common symptom is chest pain or discomfort which may tr ...
caused by a
stroke A stroke is a medical condition in which poor blood flow to the brain causes cell death. There are two main types of stroke: ischemic, due to lack of blood flow, and hemorrhagic, due to bleeding. Both cause parts of the brain to stop functionin ...
and
hypertension Hypertension (HTN or HT), also known as high blood pressure (HBP), is a long-term medical condition in which the blood pressure in the arteries is persistently elevated. High blood pressure usually does not cause symptoms. Long-term high bl ...
. Her bank account contained $25,000 and she owned a one-third interest in her family home on Pelham Road, worth about $70,000. Her death certificate indicated that she had spent nearly a year in hospitalization. It showed her name as "Alice Jones," but when she was buried in Beechwoods Cemetery in New Rochelle, it was with a gravestone that bore the name "Alice J. Rhinelander."


The Rhinelander Case in the Arts

The case's depiction of interracial marriage influenced some of the literature and art of this period. The writer Nella Larsen, in her famous novel '' Passing,'' tells the story of Clare Kendry, a biracial woman who passes as caucasian and marries a white man. She passes in order to get away from her past troubles in terms of race and class, both of which arise in the Rhinelander case. In the novel, Clare marries John Bellew, a wealthy white man, who is not aware of her true racial identity. The literature as well as the Rhinelander case explore the complexity of racial identity in a public institution such as marriage. The Rhinelander Case also appears in Oscar Micheaux's films, “The House Behind the Cedars” and “Thirty Years Later.” The case also served as the basis for the movie ''
Night of the Quarter Moon ''Night of the Quarter Moon'' is a 1959 American drama film directed by Hugo Haas and written by Franklin Coen and Frank Davis. The film stars Julie London, John Drew Barrymore, Anna Kashfi, Dean Jones, Agnes Moorehead and Nat King Cole. The fil ...
'' (1959), starring Julie London and John Drew Barrymore.


Case citation

''Leonard Rhinelander v. Alice Rhinelander''; 219 A.D. 189; 219 N.Y.S. 548;
Supreme Court of New York The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, Appellate Division, Second Department (1927).


Footnotes


References

* * *Carlson, A. Cheree. (1999) "'You Know It When You See It:' The Rhetorical Hierarchy of Race and Gender in Rhinelander V. Rhinelander." ''Quarterly Journal of Speech'' 85 (1999): 111–128, . * * * * * *


External links


Composograph of Alice Rhinelander, 1925
''American Photography'', PBS
Nov. 17, 1925 Ltr from Andrew F. Jackson, manager of Cinema News Service, to the manager (probably William M. Smith, manager of the Douglass Theatre) advertising newsreels, including one from the ''Rhinelander v. Rhinelander'' trial
Selections from the Records of Macon's Douglass Theatre, ''The Blues, Black Vaudeville, and the Silver Screen, 1912-1930s'', Digital Library of Georgia
Heidi Ardizzone and Earl Lewis, "Love and Race Caught in the Public Eye"
''Notre Dame News'', 31 May 2001
"Till Divorce Do Us"
''American Heritage'', July 2000

4 ''Journal of Law and Family Studies''], University of Dayton {{DEFAULTSORT:Rhinelander, Kip Burials at Woodlawn Cemetery (Bronx, New York) Deaths from pneumonia in New York (state) People from Pelham, New York Race-related controversies in the United States