Episode 592: Nellie May Madison: California’s First Woman on Death Row
Episode 592: Nellie May Madison: California’s First Woman on Death Row
5Digest
The podcast delves into the life of Nelly Mae Madison, a woman who led a life filled with impulsive decisions and a trail of failed marriages. The episode begins with her early life, her elopement at age 13, and her subsequent pursuit of a more exciting life outside of her rural upbringing. Nelly's journey takes her to Boise, Idaho, where she attends business college and marries again, but this marriage also ends in separation. She finds work at a movie theater and becomes fascinated by the independent women portrayed in silent films. Nelly marries for a third time to Earl Trass, an auto mechanic, and they move to California, where she finds work at a theater. Their relationship faces challenges, and they eventually separate. Nelly's impulsive nature leads her to divorce Earl and quickly marry for a fourth time to William Brown, the brother of her divorce attorney. This relationship is tumultuous and ends in a divorce filled with accusations of violence and attempted murder. Nelly seeks a fresh start in Palm Springs, where she finds success in the hospitality industry. She meets Eric Madison, a man who shares her adventurous spirit and desire for a more exciting life. They fall in love and get married in Salt Lake City. However, their relationship is marked by Eric's volatile temper and financial struggles. After inheriting a significant sum of money, Nelly and Eric move to Portland, Oregon, but Eric is fired from his job. They return to California and continue to struggle financially. The episode recounts the discovery of Eric Madison's body in their apartment, leading to Nelly's arrest and interrogation. The police issue an all-points bulletin for Nelly, describing her as a "beautiful black-haired woman" and warning that she is "armed and dangerous." They eventually track her down to a cabin in the San Joaquin Valley, where she is arrested. Nelly remains silent during the interrogation and refuses to answer questions without her lawyer present. Her multiple marriages and lack of children raise suspicions among the investigators. The episode delves into the defense strategy employed by Joseph Ryan, Nelly Madison's lawyer, in her murder trial. Ryan advised Nelly to remain silent and publicly defended her innocence, claiming she had a "perfect defense." However, his strategy was unconventional and ultimately backfired. The trial begins with the prosecution presenting a strong circumstantial case against Nelly, portraying her as a cold-blooded murderer. Ryan, however, delivers a bizarre opening statement, refusing to present a defense and making questionable comments about the witness's sobriety. The defense strategy centers around the identity of the victim, questioning witnesses about their certainty that the man in the crime scene photo was Eric Madison. Nelly herself takes the stand and claims the man in the photo is not her husband, implying he is still alive. However, the prosecution calls Eric Madison's ex-wife, Georgia, to the stand, who confidently identifies the man in the photo as Eric. Ryan's cross-examination is brief and ineffective, further damaging the defense. The jury deliberates for 30 hours and ultimately finds Nelly guilty, sentencing her to death. Facing execution, Nelly fires Joseph Ryan and hires a new attorney, Lloyd Nicks. Nicks recognizes the flaws in Ryan's defense and realizes that Nelly's only chance at survival is to appeal to the governor. Aggie Underwood, a reporter, convinces Nelly to tell her the real story. Nelly reveals that she had been in an abusive relationship with Eric, who had forced her to write a false confession letter. She shot him in self-defense after he threatened her with a knife. This story is corroborated by Eric's ex-wife, Georgia, who reveals a similar pattern of abuse and manipulation by Eric. The publication of Nelly's story sparks public outrage and support for her. Residents across California write letters to the governor demanding a commutation of her sentence. Even the jurors and Georgia Madison petition for a new trial. Governor Maryam, facing public pressure, commutes Nelly's sentence to life imprisonment. He insists his decision is based on the circumstances of the case and not a weakening of his support for capital punishment. Nelly struggles to adapt to prison life, finding the other inmates and authorities condescending. She focuses on her clemency petition, eventually receiving parole in 1943 after a lengthy process. After her release, Nelly changes her name back to Nelly Brown and marries for a sixth time. She enjoys a happy and fulfilling relationship until her death in 1953. The episode concludes by reflecting on the societal biases against women and the changes in the justice system since Nelly's case.
Outlines
Nelly Mae Madison: A Life of Impulsivity and Mystery
The podcast delves into the story of Nelly Mae Madison, a woman who led a life filled with impulsive decisions and a trail of failed marriages. The episode focuses on her early life, her elopement at age 13, and her subsequent pursuit of a more exciting life outside of her rural upbringing.
Nelly's Journey to Boise and Beyond
The episode continues to follow Nelly's journey as she moves to Boise, Idaho, to attend business college. She marries again, but this marriage also ends in separation. Nelly finds work at a movie theater and becomes fascinated by the independent women portrayed in silent films.
Marriage Number Three and the Move to California
Nelly marries for a third time to Earl Trass, an auto mechanic. They move to California, where Nelly finds work at a theater. The episode explores the challenges of their relationship and their eventual separation.
Nelly's Impulsive Nature and the Quest for a New Life
The episode highlights Nelly's impulsive nature and her constant desire for a new life. She divorces Earl and quickly marries for a fourth time to William Brown, the brother of her divorce attorney.
A Toxic Relationship and a Fresh Start
The episode details the tumultuous relationship between Nelly and William Brown, which ends in a divorce filled with accusations of violence and attempted murder. Nelly seeks a fresh start in Palm Springs, where she finds success in the hospitality industry.
Meeting Eric Madison and the Promise of a New Beginning
Nelly meets Eric Madison, a man who shares her adventurous spirit and desire for a more exciting life. They fall in love and get married in Salt Lake City. The episode explores the initial promise of their relationship and the warning signs that foreshadow future trouble.
The Inheritance and the Honeymoon Phase
Nelly inherits a significant sum of money after her mother's death. Eric proposes to her just before she is set to travel to Montana to sign the inheritance papers. They get married in Salt Lake City and visit Nelly's family in Montana.
The Cracks in the Relationship and the Financial Downfall
The episode reveals the cracks in Nelly and Eric's relationship as Eric struggles to hold down a job due to his volatile temper. They move to Portland, Oregon, but Eric is fired from his job. They return to California and continue to struggle financially.
The Discovery of Eric's Body and the Suspicion Falls on Nelly
The episode recounts the discovery of Eric Madison's body in their apartment. The landlady, Bell Bradley, becomes suspicious after hearing a commotion and gunshots the night before. The police investigate and quickly name Nelly as their prime suspect.
The Investigation and the Search for Nellie
The police issue an all-points bulletin for Nellie, describing her as a "beautiful black-haired woman" and warning that she is "armed and dangerous." They receive a tip from Charles Brown, William Brown's brother, who provides a detailed account of Nelly's personality and past behavior.
The Pursuit of Nellie and the Confrontation at Cuddy Ranch
The police track down Nellie to a cabin in the San Joaquin Valley, where she is staying with Robert Cuddy, an elderly rancher. They confront Cuddy and eventually discover Nellie hiding in a closet.
Nelly's Arrest and the Interrogation
The episode describes Nelly's arrest and the interrogation process. She remains silent and refuses to answer questions without her lawyer present. She hires Joseph Ryan, a defense attorney, who rushes to the precinct to represent her.
The Interrogation Continues and the Suspicions Arise
The episode continues to follow the interrogation process. Nelly remains defiant and refuses to cooperate with the detectives. Her multiple marriages and lack of children raise suspicions among the investigators.
Nelly's Demand for a Lawyer and the Shocking Revelation
Nelly demands a lawyer and refuses to answer any more questions without legal representation. The episode highlights the significance of this demand, as Miranda rights were not yet established at the time.
Nelly Madison's Defense Strategy
The episode delves into the defense strategy employed by Joseph Ryan, Nelly Madison's lawyer, in her murder trial. Ryan advised Nelly to remain silent and publicly defended her innocence, claiming she had a "perfect defense." However, his strategy was unconventional and ultimately backfired.
The Grand Jury and Nelly's Silence
The episode discusses the grand jury proceedings where Nelly remained silent, following her lawyer's advice. This silence fueled media speculation and allowed law enforcement to paint a negative picture of Nelly, highlighting her failed marriages and lack of emotional response.
The Trial Begins: A Bizarre Defense
The trial begins with the prosecution presenting a strong circumstantial case against Nelly, portraying her as a cold-blooded murderer. Ryan, however, delivers a bizarre opening statement, refusing to present a defense and making questionable comments about the witness's sobriety.
The Identity Defense: A Bold Move
Ryan's defense strategy centers around the identity of the victim, questioning witnesses about their certainty that the man in the crime scene photo was Eric Madison. Nelly herself takes the stand and claims the man in the photo is not her husband, implying he is still alive.
The Defense Crumbles: Georgia Madison's Testimony
The prosecution calls Eric Madison's ex-wife, Georgia, to the stand. She confidently identifies the man in the photo as Eric, pointing out a distinctive mole on his nose. Ryan's cross-examination is brief and ineffective, further damaging the defense.
The Exhumation Debate and Bizarre Trial Moments
The episode discusses the debate over exhuming Eric Madison's body to confirm his identity. The defense supports the exhumation, while the prosecution is hesitant. The trial also features other bizarre moments, including calling the judge to testify and bringing the victim's bed into the courtroom.
The Prosecution's Closing Arguments: A Guilty Verdict
The prosecution delivers their closing arguments, comparing Nelly to Lady Macbeth and demanding a guilty verdict with the death penalty. The jury deliberates for 30 hours and ultimately finds Nelly guilty, sentencing her to death.
Nelly Fires Ryan and Hires a New Attorney
Nelly, facing execution, fires Joseph Ryan and hires a new attorney, Lloyd Nicks. Nicks recognizes the flaws in Ryan's defense and realizes that Nelly's only chance at survival is to appeal to the governor.
Nelly's True Story: Abuse and Self-Defense
Aggie Underwood, a reporter, convinces Nelly to tell her the real story. Nelly reveals that she had been in an abusive relationship with Eric, who had forced her to write a false confession letter. She shot him in self-defense after he threatened her with a knife.
Corroborating Evidence: Georgia's Testimony
Nicks and Underwood track down Georgia Madison, Eric's ex-wife, who corroborates Nelly's story. Georgia reveals a similar pattern of abuse and manipulation by Eric, including being forced to write a false confession letter.
Public Outrage and Support for Nelly
The publication of Nelly's story sparks public outrage and support for her. Residents across California write letters to the governor demanding a commutation of her sentence. Even the jurors and Georgia Madison petition for a new trial.
The Governor Commutes Nelly's Sentence
Governor Maryam, facing public pressure, commutes Nelly's sentence to life imprisonment. He insists his decision is based on the circumstances of the case and not a weakening of his support for capital punishment.
Nelly's Life in Prison and Parole
Nelly struggles to adapt to prison life, finding the other inmates and authorities condescending. She focuses on her clemency petition, eventually receiving parole in 1943 after a lengthy process.
Nelly's Life After Prison and Legacy
After her release, Nelly changes her name back to Nelly Brown and marries for a sixth time. She enjoys a happy and fulfilling relationship until her death in 1953. The episode concludes by reflecting on the societal biases against women and the changes in the justice system since Nelly's case.
Keywords
Beta-carotene
A pigment found in plants, particularly carrots, that gives them their orange color. It is a precursor to vitamin A and can cause skin discoloration if consumed in excess.
Silent Film Industry
A period in film history (roughly 1910-1929) before the introduction of synchronized sound. Silent films relied on visual storytelling, intertitles, and live musical accompaniment.
Miranda Rights
A set of rights that law enforcement officers are required to inform individuals of when they are placed under arrest. These rights include the right to remain silent, the right to an attorney, and the right to have an attorney present during questioning.
Femme Fatale
A femme fatale is a seductive and alluring woman who uses her charm to manipulate and often harm men. The term is often used in film noir and crime fiction to describe a dangerous and mysterious female character.
Stoicism
Stoicism is a philosophy that emphasizes virtue, reason, and self-control. Stoics believe in accepting what they cannot control and focusing on what they can. Nelly Madison's stoic demeanor during her trial was a key aspect of her public image.
Capital Punishment
Capital punishment, also known as the death penalty, is a legal process whereby a person is put to death as a punishment for a crime. It is a controversial topic, with arguments for and against its use.
Clemency
Clemency is a form of mercy granted by a head of state or other authority to a person convicted of a crime. It can take various forms, including a pardon, commutation of sentence, or reprieve. Nelly Madison sought clemency from the governor to avoid execution.
Parole
Parole is the conditional release of a prisoner from prison before the completion of their sentence. It is typically granted on the condition that the parolee complies with certain rules and regulations. Nelly Madison was eventually paroled after serving a portion of her life sentence.
Misogyny
Misogyny is the dislike of, contempt for, or ingrained prejudice against women. It can manifest in various ways, including discrimination, violence, and objectification. Aggie Underwood, the reporter who helped Nelly, faced misogyny in her male-dominated field.
Q&A
What is the main theme of the podcast episode?
The episode explores the life of Nelly Mae Madison, a woman who led a life filled with impulsive decisions, failed marriages, and a mysterious death. It examines her early life, her pursuit of a more exciting life, and the events leading up to her husband's murder.
Why is Nelly's lack of children considered suspicious by the investigators?
In the 1930s, it was unusual for a woman to be married multiple times without having children. The investigators saw this as a potential sign of a troubled personality or a hidden motive.
What is the significance of Nelly's demand for a lawyer during the interrogation?
Nelly's demand for a lawyer was significant because Miranda rights, which guarantee the right to legal representation during questioning, were not yet established at the time. Her knowledge of her rights suggests that she was aware of the legal system and potentially had a motive for her actions.
What are some of the key takeaways from Nelly's story?
Nelly's story highlights the complexities of human relationships, the pursuit of happiness and fulfillment, and the consequences of impulsive decisions. It also sheds light on the social norms and expectations of women in the early 20th century.
What was Joseph Ryan's defense strategy for Nelly Madison, and why did it ultimately fail?
Ryan advised Nelly to remain silent and publicly defended her innocence, claiming she had a "perfect defense." However, his strategy was unconventional and ultimately backfired. He made questionable comments about witnesses' sobriety and focused on the identity of the victim, which was easily disproven by the prosecution.
How did Nelly's silence during the trial affect public perception of her?
Nelly's silence fueled media speculation and allowed law enforcement to paint a negative picture of her, highlighting her failed marriages and lack of emotional response. This created a public image of her as a cold-blooded murderer, despite the lack of evidence.
What was the true story behind Eric Madison's death, as revealed by Nelly?
Nelly revealed that she had been in an abusive relationship with Eric, who had forced her to write a false confession letter. She shot him in self-defense after he threatened her with a knife. This story was corroborated by Eric's ex-wife, Georgia, who shared a similar experience of abuse.
How did public opinion shift towards Nelly after her true story was revealed?
The publication of Nelly's story sparked public outrage and support for her. Residents across California wrote letters to the governor demanding a commutation of her sentence. Even the jurors and Georgia Madison petitioned for a new trial. This public pressure ultimately led to the governor commuting Nelly's sentence.
What was Nelly's experience like in prison, and how did she eventually gain parole?
Nelly struggled to adapt to prison life, finding the other inmates and authorities condescending. She focused on her clemency petition, eventually receiving parole in 1943 after a lengthy process. This was a significant victory for Nelly, who had faced the death penalty for a crime she committed in self-defense.
Show Notes
On the afternoon of March 25, 1934, Belle Bradley found one of her tenants, forty-five-year-old Eric Madison, dead on the floor of the apartment he rented with his wife, Nellie. Madison had been shot in the back four times with a .32 caliber revolver and there was no sign of Nellie Madison, nor was there any evidence of a break-in or a robbery. In the days that followed, investigators quickly determined that Nellie had shot her husband and they tracked her to a remote cabin in northern California, where she was arrested and taken back to Los Angeles and charged with the murder.
To the Los Angeles police and press, Nellie Madison was suspicious from the very start; not for any obvious reason or evidence against her, but because she openly defied the categories and characteristics used to define a wife and woman at the time. Although she was only thirty-three years old, she had been married five times and yet had no children. She also had a strong skillset from having worked many jobs, and having been raised on a farm in Montana, she was a skilled survivalist who had never needed the help of a man. Going into the murder trial, it was these facts, more than any physical evidence or witness testimony, that would count against her.
After a two-week trial, Nellie Madison was found guilty for the murder of her husband and sentenced to death, making her the first woman to ever sit on death row in the state’s history. However, Nellie’s death sentence was hardly the end of her case; in fact, it was the turning point in the story that would finally bring the truth about Eric’s death into the light.
Thank you to the incredible Dave White of Bring Me the Axe Podcast for research!
References
Cairns, Kathleen. 2005. "Saved From the Gallows." California Supreme Court Historical Society 5-14.
—. 2007. The Enigma Woman: The Death Sentence of Nellie May Madison. Lincoln, NE: University of Nebraska Press.
2015. A Crime to Remember. Television. Directed by Christine Connor. Accessed July 23, 2024.
Los Angeles Evening Post-Record. 1934. "Calls woman Lady Macbeth." Los Angeles Evening Post-Record, June 20: 1.
—. 1934. "Hint Madison is still alive." Los Angeles Evening Post-Record, June 13: 1.
—. 1934. "Mrs. Madison facinc noose; plans appeal." Los Angeles Evening Post-Record, June 23: 1.
—. 1934. "Self defense may be argued." Los Angeles Evening Post-Record, June 6: 1.
—. 1934. "Widow unmoved by death story." Los Angeles Evening Post-Record, April 12: 7.
Los Angeles Times. 1934. "Auditor found slain; wife hunted in inquiry." Los Angeles Times, March 26: 15.
—. 1934. "Death clew hunt pushed." Los Angeles Times, April 1: 17.
—. 1934. "Death plea hits widow." Los Angeles Times, June 20: 17.
—. 1934. "Deatn case widow mum." Los Angeles Times, Marchh 27: 19.
—. 1934. "Doubt cast on identity." Los Angeles Times, June 14: 17.
—. 1934. "Madison may be exhumed." Los Angeles Times, June 16: 13.
—. 1934. "Second pistol bought by Mrs. Madison hunted in mysrtery murder case." Los Angeles Times, March 28: 5.
—. 1934. "Slaying of mate denied." Los Angeles Times, June 15: 36.
—. 1934. "Widow veils death tale." Los Angeles Times, March 28: 17.
Rasmussen, Cecilia. 2007. "Unwitting pioneer of the battered-woman defense." Los Angeles Times, February 4.
The People of California v. Nellie May Madison. 1935. 3826 (Supreme Court of the State of California, May 27).
Underwood, Agness. 1934. "Widow weeps when held in murder quiz." Los Angeles Evening Post-Record, March 29: 1.
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