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Podcast # 139 – The Fight for Hildy McCoy

 

Imagine you are in this situation: It is the early 1950s and you are a young woman in your early twenties. You are unmarried and suddenly you find out that you are pregnant. What would you do?  

Well, this was the exact situation that a young Boston resident named Marjorie McCoy found herself in.   At the time, she was a student at the Children’s Hospital School of Nursing and when she learned that she was pregnant, her mom took her to see the family doctor, Dr. Herman Sands. He suggested that the best solution would be to place the child up for adoption and they agreed.

Dr. Sands referred them to Salem, Massachusetts attorney Philip Strome, who could “handle the whole matter and keep things quiet.” Strome found the perfect couple to adopt the baby: 39-year-old Melvin Ellis and his 31-year-old wife Frances.  Melvin owned Bentley’s Cleansers, a dry-cleaning plant in Boston, and was reported to have had an annual income in excess of $10,000 ($97,000 adjusted for inflation).  The two had married in 1946 but soon learned that they would be unable to have a child of their own. Desperate to adopt, they offered to pay all of Marjorie’s medical costs plus any legal fees incurred. 

Marjorie and her mom agreed to the terms of the deal. To avoid the embarrassment of being pregnant out of wedlock, Marjorie headed out to California to stay with her married sister.  As the birth approached, she returned back east and waited out her time in a rented room located on Beacon Street in the Back Bay section of Boston.

It was on February 23, 1951, in Boston’s Kenmore Hospital, that Marjorie would deliver a healthy six-pound girl. The baby was whisked away without Marjorie ever laying sight on the newborn. Ten days later, in attorney Strome’s office, Mr. and Mrs. Ellis would sign the papers to adopt their new daughter, who was now named Hildy. Next, Dr. Sands took the papers to Marjorie and she added her signature. It was a double-blind signing so that Marjorie would not learn the names of the adoptive parents and vice versa.

And with that, if this were the typical adoption, everyone involved would have gone on to happily live their lives. But that was not to be the case.

A few weeks later, Hildy’s adoption would be thrown into chaos. Marjorie was informed by attorney Philip Strome that there had been a technical glitch in the adoption proceedings because her first signature had not been notarized and dated. So, Marjorie went to Strome’s office on March 27, 1951 to sign a new set of documents. While doing so, Marjorie, who was Catholic, learned that the Ellises were not. In fact, they were Jewish. This greatly disturbed Marjorie. She desired that her daughter be placed in a Catholic home. Marjorie became apprehensive at signing the new documents, but Strome assured her that the adoption would not be finalized for another year and that she would “have time to think it over and change her mind.” So, she signed the papers and left his office.

Hildy McCoy. Image appeared on page 1 of the March 17, 1957 publication of the Miami News.

At some point in April, Marjorie once again went to see Dr. Sands and informed him that she didn’t approve of Hildy being raised in a Jewish household by parents who had both been previously divorced and wished to have the adoption reversed. What’s interesting here is that Marjorie still had no desire to keep Hildy. She wanted another couple to adopt the child and raise her as a Catholic. As a result, Marjorie requested that the court allow her to withdraw her consent.

Coincidentally, just months before, the Massachusetts legislature had enacted a statute that read, in part: “In making orders for adoption the judge, when practicable, must give custody only to persons of the same religious faith as that of the child.” And, let’s face it, what were the chances of there not being a single Catholic couple in the entire state of Massachusetts who would be willing to adopt a newborn blonde-haired, blue-eyed girl? At the time of Hildy’s birth, neither Marjorie nor the Ellises knew of this new legislation, but the law was clearly on Marjorie’s side.

Marjorie and the Ellises met for the first time in May 1951. What exactly happened during this meeting depends on whose side seemed more plausible. Marjorie’s attorney insisted that they requested the child be returned but the Ellises refused and the meeting ended with both sides angrily in complete disagreement. Yet, Mrs. Ellis told the press, “It was all quite friendly. We discussed the petition, and when we left, Marjorie said to me, ‘I hope you can keep the child. I can’t go on paying for this all my life.’”

In early 1952, the Ellises sought court intervention to resolve the problem, but the judge advised the couple to await the outcome of a similar case involving a Catholic mother and Protestant foster parents that had been winding its way through the Massachusetts courts. In June, this particular case was decided in favor of the adoptive couple. The Ellises took this as a good sign that they would prevail in court. Sidentoe: Hildy’s real father was a Protestant, but Marjorie had no interest in marrying him.

It would not be until June 1953 that the case would be heard by Dedham Probate Judge James F. Reynolds. This would be the first time that Marjorie McCoy would see her daughter Hildy. After a 4-1/2 day hearing, Judge Reynolds ruled against the Ellises. He determined that it would be in Hildy’s best interest if the adoption was nullified and the child returned to Marjorie McCoy so that she could place her with the Catholic Charitable Bureau. 

Needless to say, the Ellises were in deep shock. Hildy was now two years old and the couple was the only parents she had ever known. Regarding Marjorie, Mrs. Ellis stated, “If she has said to me at our first meeting, ‘I will fight for my baby – for myself,’ I would have had to give her back.”

It was shortly after this decision, on July 21, 1953, that Marjorie McCoy married Gerald Doherty, who was not Hildy’s father. They would soon start a family of their own, but Hildy was not to factor into that equation.

The Ellises’ battle to adopt Hildy did not end with Judge Reynolds’ decision. They appealed the case to the Massachusetts Supreme Court. It was on October 6, 1954, when Hildy was 3-1/2 years old, that the story finally broke in the newspapers. Soon, the adoption of Hildy McCoy would become front-page headlines not for days, weeks, or months, but for years. It would become the most controversial and most widely reported adoption story of the 1950s.

Mrs. Ellis stated, “Hildy is our whole life. It will be cruel and inhuman to take her away. This is the only family she has ever known.”

Hildy with Melvin and Frances Ellis. Image appeared on page 1 of the October 7, 1954 publication of the Boston Globe.

The full bench of the Massachusetts Supreme Court handed down their decision on February 14, 1955. They upheld Judge Reynolds’ ruling and ordered that the Ellises return Hildy to her natural mother. Keep in mind that the judges were strictly focused on the law, which did allow the natural mother of the child to withdraw her petition for adoption for a period of one year. All of the justices involved, although deemed heartless by the press, were simply interpreting the regulations as written.

On April 26, Marjorie McCoy Doherty and two social workers arrived at 231 St. Paul Street in Brookline, Massachusetts to remove Hildy from the Ellises’ home. Marjorie told Mrs. Ellis, “I’ve come for the child.” Mrs. Ellis refused their request as Hildy, dressed for bed, held on to her adoptive mother’s skirt. The three women soon left, only to return a short time later with a police officer. He made no attempt to take the child and told Mrs. Ellis that he was only there to inform the Ellises that the court had ordered the return of Hildy to her natural mother. Shortly after the four left, Mrs. Ellis wrapped Hildy in blankets and drove 68 miles (110 km) to her brother’s home in Newport, Rhode Island.

Two weeks later, on May 11, the Ellises’ attorney, James Zisman, requested that the Massachusetts Supreme Court issue a stay of execution on Judge Reynolds decision. Zisman stated, “It would be a sad situation, a tragedy, to uproot this child from its present surroundings and send her to an institution.” He continued, “Mr. and Mrs. Ellis will take this child to the Catholic Church and bring her up in the Catholic faith. Their love for this child is so great that they would bring her up under the supervision of the local Catholic priest, send her to a parochial school, even place her in a convent school where she would come home only on weekends.” The court declined this request.

The Ellises may have lost the case but they were not about to turn over Hildy without a fight. They continued to ignore the court order requiring them to return Hildy to her natural mother, so on Wednesday, June 15th, Judge Reynolds had finally had enough. He set a deadline for that Friday at 2 PM for the Ellises to turn over Hildy McCoy. If they failed to do so, the couple would be placed in jail. He stated, “The mother has been trying to get the child back into her possession since the child was six weeks old. If these people had turned the child over to the mother then they would not have become so attached to her.”

The next day, June 16, 1955, Supreme Court Justice Harold B. Williams issued a stay of execution of Judge Reynolds’ court order and scheduled a hearing for June 22. On June 28, the Supreme Court dismissed the couple’s petition and ordered that Hildy be turned over to her natural mother within 24 hours or they would “go to jail.”

Well, that day came and went. The Ellises were nowhere to be found. They had gone into hiding. In a phone interview with a reporter, Mr. Ellis stated, “I’m scared stiff of jail, but I’m like any other father when they take his child away.” He added, “We’ll fight to the finish, hoping that we can have Hildy, or at least that the mother will take her into her own home instead of a foster home. I don’t know what we’ll do.”

Melvin Ellis. Image appeared on page 1 of the March 17, 1957 publication of the Miami News.

In the meantime, attorney Zisman once again approached the Massachusetts Supreme Court arguing that Judge Reynolds had acted improperly by ordering the arrest of the Ellises without a proper hearing. The couple was granted a two-week delay while the lower court’s ruling was reviewed.

Hildy McCoy. Image appeared on page 1 of the May 24, 1957 publication of the Tampa Bay Times.

This wasn’t about to stop Judge Reynolds. He was growing tired of all of the stalling. While his order to have the Ellises arrested may have been placed on hold for two weeks, that decision had nothing to do with Hildy herself. On July 9, he ordered that sheriffs in all Massachusetts counties find Mr. and Mrs. Ellis and take Hildy into custody. “We command you that the body of female McCoy, also known as Hildy C. Ellis, of Brookline, minor child of Marjorie McCoy Doherty, you take and have before the judge of the Probate Cord at Dedham immediately after receipt of the writ to do and receive what the judge shall then and there consider concerning her in this behalf.”

On July 18, Attorney Zisman filed six new petitions with the Norfolk Probate Court claiming that Marjorie had given false testimony and that she had “deliberately imposed a fraud upon the court.” Basically, two nurses who had spoken with her at the time of Hildy’s birth signed affidavits claiming that Marjorie was aware from the very beginning that the Ellises were Jewish. 

Nurse Jessie C. Santoro said that Marjorie had asked her to go check out the couple and “let me know what they’re like.” When Santoro returned, she reported that they were “a lovely Jewish couple.” She added, “You know the baby is going to a Jewish home. Are you going to have her baptized?” To this Marjorie replied, “My only concern is to get this thing over with and get my own life straightened out.”

Frances Ellis helping Hildy with her hair. Image appeared on page 104 of the April 8, 1957 publication of the Life Magazine.

The other nurse was Dorothy H. Ingersoll. She told of how she took the baby to Marjorie’s bedside the day after Hildy was born. Marjorie quickly turned her head away and would not look at the newborn. Ms. Ingersoll then stated, “Your baby is going to Jewish people,” to which Marjorie replied, “What’s wrong with that?”

Judge Reynolds informed attorney Zisman that he would hear no new motions concerning the case until the Ellises and Hildy appeared before him. “I want the Ellises brought before the court, and the baby before the court. I will hear all matters when everyone is before the court.”

As you can probably guess, the Ellises were no-shows. As a result, on November 3, 1955 Judge Reynolds dismissed all six of those newly filed petitions and noted that “The petitioners have not been deprived of their day in court.” After this, the Ellises filed another appeal with the state Supreme Court.

This game of ricocheting back and forth between Judge Reynolds and the Massachusetts Supreme Court would continue, so I won’t bore you with the details. In total, twenty-two different appeals were filed and then denied by the state Supreme Court. Their last decision was handed down on September 28, 1956. The final legal door had been shut on the Ellises.

The couple now legally had no choice but to turn 5 ½-year-old Hildy over to her natural mother, who would, in turn, put her up for adoption. The only problem was that the Ellises had not been spotted since that day when Marjorie and the two social workers showed up at the Ellis home. Seventeen months had since elapsed.  Were they still in Massachusetts?  Were the Ellises still even within the United States? Just where were they?

A big legal change occurred in March 1957. That was when Massachusetts Associate Justice Edward A. Counihan concluded that the Ellises had committed the crime of kidnapping and an indictment was handed down.

Not long after this, Melvin Ellis made the mistake of trying to purchase a new car in Miami Beach, Florida. Since he was trading in his old vehicle, the dealer made a routine check to confirm that there were no liens on the car. That’s when the Massachusetts Registry of Motor Vehicles informed the dealer that the couple was wanted on a kidnapping charge.

At approximately 2 PM on Friday, March 15, 1957, Ellis arrived at the dealer to pick up his new car, unaware that a trap had been set. Shortly after walking into the dealership’s showroom, he was approached by two officers and taken into custody. Ellis was escorted to Miami police headquarters where he was fingerprinted, mugshot taken and placed into a cell. A short time later, a detective went to the Ellises’ Normandy Isle apartment and arrested Mrs. Ellis. Neither would have to spend very long in custody. Their Florida attorney, Benjamin Cohen, quickly arranged for their release without bail. A hearing was set for the following Monday.

Attorney Ben Cohen (left) with Melvin and Frances Ellis. Image appeared on page 3 of the March 19, 1957 publication of the Boston Globe.

At the hearing on March 18, 1957, Massachusetts State Police Detective Lieutenant William H. Delay requested that the Ellises be held on a $5,000 bond, but the magistrate opted to once again release the couple into the custody of attorney Cohen.

Mr. Ellis told the press, “Never once during all the courtroom proceedings in Massachusetts did the court ever consider Hildy’s welfare. I don’t care if I go to jail. The main thing is the girl’s happiness and she wouldn’t be happy in a Catholic orphanage and any other kind of orphanage.” He continued, “We are not criminals. We have not done anything wrong. We just want our girl. We are not running any more. This is a last stand – a final battleground for Hildy’s life and her future. We do not want this sword hanging over us.”

Melvin Ellis. Image appeared on page 3 of the March 18, 1957 publication of the Boston Globe.

The couple had been in hiding for nearly two years. So, just where were they all this time? First, as previously mentioned, after Marjorie and the two social workers arrived at the Ellises’ home on April 26, 1955, Mrs. Ellis and Hildy went to Newport, Rhode Island, where they stayed for three weeks. After that, they went to stay with friends in Sharon, Massachusetts. The couple did return back to their home in Brookline for a short period, but went back into hiding when the couple was ordered to turn over Hildy or risk going to jail. From there, they proceeded to Tuckahoe, New York and then moved on to a five-week stay with relatives in Levittown, Pennsylvania. Next was White Plains, New York, followed by a six-month stint in Manhattan, and finally a short stay in Scarsdale, New York. Finally, in April 1956, the couple decided that they needed to move out of the northeastern United States. It was at that point that the couple headed to Florida. They moved into their Normandy Isle apartment in May.

As for employment, Melvin Ellis was forced to sell his lucrative dry-cleaning business. At the time of his arrest, he was working as a traveling salesman for a New York clothing firm, selling both sportswear and lingerie. Hildy was enrolled as a first-grader in the private Lear School in Miami Beach.

Hildy (left) and her friend, Susie Ellis, playing with a pair of slacks from Melvin Ellis’ sample bag. Image appeared on page 104 of the April 8, 1957 publication of the Life Magazine.

The battle to return Hildy, Frances, and Melvin Ellis back to the state of Massachusetts had begun. In one corner, you had the public opinion which overwhelmingly supported allowing the Ellises to adopt Hildy. In the opposing corner, there was the state of Massachusetts, which sought their immediate return so that the various court decisions could be executed.

It was estimated that the Governor of Florida’s office received 10,000 letters, telegrams, or signed petitions from people opposing the extradition of the Ellises. In comparison, an estimated 100 letters were received expressing their belief that they should be returned to Massachusetts and that Hildy should be returned to her natural mother.

Many others expressed their opinions by writing to their local newspapers. Here is just a sampling of those letters to editors:

  • April 5, 1957 – Miami Herald – “Evidently you didn’t bother trying to find the facts in this case or you deliberately withheld them in order to create sympathy toward the Ellises.”  “…the Ellises illegally obtained the child from Dr. Herman Sand and also paid him a large sum of money for the favor, in spite of the fact that Dr. Sand promised Marjorie McCoy, the child’s real mother, he would make sure the child will be placed in a Catholic home.” Anthony Cook
  • April 8, 1957 – Miami Herald – “Think of the scars that would be inflicted permanently if Hildy were separated suddenly from all the love and security she has known for years. There is more to motherhood than the act of conceiving.” The letter continues, “We are all talking tolerance: why don’t we practice it? Let this Jewish couple bring up their child as a Catholic. I cannot believe in my heart that any religion would willfully gamble a helpless child’s chance for happiness.” A Mother.
  • May 3, 1957 – Brooklyn Daily – “After the passing of these past years of Hildy’s life, the unwed mother who bore her, now married, decides to have this little one return, – not to her but, instead, – to a home for children and to be adopted, all over again, by a couple of her own Faith. To make of this little one an actual pawn, a chess piece to be moved [hither and yon] on the board-of-living is not a sporting or good game but, it is a crooked and, an absolute STEAL.” L. M. K.

Of course, public opinion does not always predict the outcome of legal matters. Almost immediately after the arrest of the Ellises, the State of Massachusetts had rendition papers drawn up seeking the couple’s return to face kidnapping charges. Under Florida law at the time, Massachusetts had until midnight on April 17 to submit the signed extradition documents. Foster Furcolo, who was the Massachusetts governor at the time, made it clear that he would sign the papers, but that process did not go smoothly. The first set of papers drawn up was rejected on March 27 on technical grounds. The second set was rejected on April 16 due to an incorrect date. Finally, on April 17 Governor Furcolo signed the third revision and it was flown to Florida and submitted just prior to the midnight deadline.

Florida Governor LeRoy Collins set a hearing on the extradition for May 23 in Tallahassee. The million-dollar question was whether Governor Collins would give in to public pressure or, instead, side with the state of Massachusetts and send the Ellises back to face the music.

Just prior to the hearing, Melvin Ellis told the press, “If by serving a couple of years in prison I might settle the thing I would not mind so much. But the thought of giving her up is more than I can bear. We are pinning our faith on the Lord and Governor Collins.”

Mrs. Ellises’ biggest fear wasn’t the kidnapping charge. Instead, she was concerned that the hearing would drag on and she would be unable to return in time to see and hear Hildy perform her part in the Lear’s School presentation of Snow White and the Seven Dwarfs, which was part of her 1st grade moving up ceremony. “Hildy will feel terrible if we’re both not there, but even if Melvin has to stay in Tallahassee I’ve got to get back for the exercises.”

Mr. & Mrs. Ellis (top of stairs), their attorney Ben Cohen (far right) and others boarding an airplane to attend the extradition hearing in Tallahassee. Image appeared on page 2 of the May 22, 1957 publication of the Miami News.

And then the day came. Thursday, May 23, 1957. Governor Collins began the hearing before a standing-room-only crowd of approximately 125 people. Lawyers for both sides presented their case. The session was surprisingly short, clocking in at two hours in length. Governor Collins said that he based his decision on both legal and humanitarian grounds: he granted the Ellises Florida sanctuary and refused to honor the extradition request from Massachusetts.

Reporters questioned Mrs. Ellis shortly after the decision. When asked how she felt, she replied a “little numb.” Mrs. Ellis added, “Now I can sleep tonight.” When asked about attending Hildy’s first-grade graduation, she replied, “I was going to make it if I had to walk back to Miami.”

Frances and Melvin Ellis with Hildy shortly after Governor Collins granted the couple sanctuary in Florida. Image appeared on page 1 of the May 24, 1957 publication of the Miami News.

And she did make it. And so did the press. Here’s a bit of a story that appeared on May 24, 1957 in the Miami News: “Hildy McCoy Ellis ‘graduated’ today from the first to second grade at the Lear School, Miami Beach, in probably the world’s most widely publicized kiddie baccalaureate.” The article continues, “Some of the children marveled at the presence of newsreel and television cameras and blinked in the strong lights. But most of them thought it was part of the coverage of the Lear School annual event.”

This may have been a great day of celebration, but the Ellises’ legal problems were not over. They may have avoided being extradited to face the kidnapping charges, but the issue of Hildy’s legal adoption had not been settled. The Boston Roman Catholic archdiocese strongly opposed the adoption. On June 11, 1957, the Massachusetts Public Welfare Department submitted to the state of Florida twelve objections to the adoption and recommended that Mr. and Mrs. Ellis not be permitted to adopt Hildy. 

Both sides would get to present their cases before Circuit Judge John W. Prunty on July 8, 1957, as Hildy remained in the judge’s chambers playing with her 12-year-old next-door neighbor, Vicki Miller. Hildy was totally oblivious to what was going on outside in the courtroom. Two days later, Judge Prunty decreed that Hildy “shall hereafter be known as Hildy Ellis.” After more than six years of fighting for and fearing the loss of Hildy, she was now the legal daughter of Frances and Melvin Ellis.

Frances and Melvin Ellis kissing Hildy goodnight. Image appeared on page 109 of the April 8, 1957 publication of the Life Magazine.

On July 11, 1957, Hildy’s natural mother Marjorie broke her silence for the first time. “I am grateful to Massachusetts justice for upholding my right to provide for my baby in accordance with conscience. She is now a growing girl. I would not wish to see her further hurt by more of the publicity that was threatened to her and to me six years ago. Some day she will learn the facts about her mother’s desire to protect her with the privacy that others were willing to destroy. Meanwhile, with prayers I hope many will share, I entrust her to [the] loving protection of God. The rest is in the hands of my attorneys.”

After this, the press would follow up on Hildy’s story on special occasions like her birthday and the anniversary of her adoption. Yet, there was little to report. Everything seemed to be going well before the story faded into history.

Melvin Ellis told reporters that the fight to adopt Hildy had cost him over $60,000, which would be nearly $600,000 today. He added, “But you can bet it was worth it.”

Useless? Useful? I’ll leave that for you to decide. 

1966 colorized Montgomery Blair High School yearbook photo of Hildy Ellis.
1968 colorized Montgomery Blair High School yearbook photo of Hildy Ellis.

50,000 Books Given Away

 

If you would have been in Boston in July of 1964, you could have gotten some great deals on used books.

The Brattle Book Shop, which had been around for 139 years at that point had to move at the Sears Crescent building, it’s home since 1825. Due to a fire months earlier, and major renovations being done to the building, the rent was going up tenfold, something that owner George Gloss could not afford.

Instead of closing the business, he opted to move to a new store with lower rent. But to do so, he had to unload an incredibly large number of books quickly.

He initially lowered the price of all those books to $0.50, then $0.25, and finally a dime. But that didn’t get rid of enough books, so decided to give 50,000 books away for free.

The Brattle Book Shop is still in business today and is one of my favorite bookstores of all time. If you are ever in Boston and you love books, make sure you check out the store.

Brattle Book Shop in 1962.
1962 photograph of the Brattle Book Shop shortly before it was forced to move. The store is just to the left of the Coffee Shop in the foreground. The sign that sticks out from the bookstore reads: “Oldest Continuous Antiquarian Book Site in America 1825.” Library of Congress image.