Draft:Marcus Kavanagh

Marcus Kavanaugh was an American jurist who

Draft:Marcus Kavanagh
Marcus Kavanagh
Judge of the Cook County Superior Court
In office
1898–1935
Judge of the Des Moines Criminal Court
In office
1885–1889
Des Moines City Attorney
In office
1881–1885
Personal details
Born
DiedDecember 31, 1938 (age 78)
PartyRepublican
Spouse(s)Herminie Templeton
Jeanne Latou
Occupationjurist, lawyer

Marcus Kavanaugh was an American jurist who

Focused in law on criminal law and legal reforms. [1]

Early life and career

Kavanagh was born and raised in Des Moines, Iowa. He received his legal education in the city.[2]

Irish-American https://www.newspapers.com/image/118803229

In 1880, at the age of 21, Kavanagh became the youngest individual to haver been elected Des Moines City Attorney. In 1885, he was elected to a judgeship on the Des Moines Criminal Court. He left in 1889, in order to move to Chicago, where he practiced law.[2] https://www.newspapers.com/image/127723533 https://www.newspapers.com/image/738572607

During the Spanish-American War, Kavanagh served as a colonel in the Illinois Seventh Regiment.[2]

Cook County Superior Court

For 37 years, Kavanagh served as a judge of the Superior Court of Cook County, after being appointed to fill a vacant judgeship on 1898. Serving until 1935, he was in his later tenure described as the "dean" of Illinois judges.[2]


was a well-known lecturer https://www.newspapers.com/image/548701631 and nationally noted judge.[2]

chief justice at one time https://www.newspapers.com/image/500545727

Kavanagh was a member of many legal professional organizations. At one point, he was president of the Illinois Bar Association.[2]

Iroquois Theatre Fire case

https://www.iroquoistheater.com/marcus-kavanagh-circuit-court-judge-iroquois-theater-fire.php

Russell Scott murder trial

Russell Scott case https://www.nytimes.com/1927/06/23/archives/russell-scott-wins-fight-for-retrial-illinois-supreme-court-rules.html https://www.newspapers.com/image/912029906 https://www.nytimes.com/1927/10/09/archives/russell-scott-ends-his-life-by-hanging-chicago-murderer-was.html https://www.newspapers.com/image/754692742

Criminal Trial of John M. Collins

https://www.newspapers.com/image/338580639

Trials of trade unionists

labor union right to picket 1903 https://www.newspapers.com/image/526905301 https://www.newspapers.com/image/581357926

1904 upholding anti-picketing law as constitutional https://www.newspapers.com/image/959037397

https://www.newspapers.com/image/1050454492 https://www.newspapers.com/image/1050340828 1905

1907 Cornelius Shea second conspiracy trial https://www.newspapers.com/image/648869947

Other cases

fined Vernon Booth, former head of Alfred Booth and Company, for ___ https://www.newspapers.com/image/1090475037


Bernard Toald case, reprimanded jury https://www.newspapers.com/image/605531954 https://www.newspapers.com/image/846879365/ reprimand Jack Curley jury https://www.newspapers.com/image/369544879

In 1920, made a candidate for American citizenship renounce allegiance to the Irish Provisional Republic. This was seen by some newspapers as giving his recognition to the Irish Provisional Republic as a legitimate entity. https://www.newspapers.com/image/946265751

Other work

American Bar Association 1922 special committee on crime https://www.newspapers.com/image/605528258/

1926 National Crime Committee https://www.newspapers.com/image/751226484 https://www.newspapers.com/image/397582392 https://www.newspapers.com/image/684395003

In 1926, Kavanagh was part of an American Bar Association delegation which traveled to European nations to study their penal conditions.[2]

1901 mayoral campaign

Republican nomination candidacy

Judicial views and philosophy

"too much tinkering" https://www.newspapers.com/image/129049979

Views on criminology

Throughout most of his judicial career, Kavanagh was nationally regarded to have been a noteworthy expert on criminology.[2]

https://www.newspapers.com/image/246717187

1929 https://www.newspapers.com/image/1128684918

Irish names adopted by some https://www.newspapers.com/image/739039925

1905 murder rate claims https://www.newspapers.com/image/746579113

1921 Bar Association annual conference remarks https://www.newspapers.com/image/533800061

view on preponderance of crime https://www.newspapers.com/image/912000505 murders https://www.newspapers.com/image/137884609

view on cause of crime and solutions https://www.newspapers.com/image/37662867 https://www.newspapers.com/image/725724449

1914 characterization https://www.newspapers.com/image/466117478

book characterization of state of crime https://www.newspapers.com/image/761825412 book claims https://www.newspapers.com/image/764917845 https://www.newspapers.com/image/104991739

study on Chicago crime stats https://www.newspapers.com/image/1193235393 https://www.newspapers.com/image/364783769 https://www.newspapers.com/image/116610209

1936 rate claims https://www.newspapers.com/image/510482733

Root causes of crime

1928 view https://www.newspapers.com/image/1025242738

believed results of study cast doubt on prior beliefs that lack of intelligence was a major factor https://www.newspapers.com/image/750994609 his book opined instead of low intelligence, criminal mines had a predisposition towards evil.[2]

At a 1933 conference of the American Flag Association, Kavanagh characterized tolerance of crime by Americans as the "main ally of the criminal". He assailed various groups of actors as "faddists" who "turn jails into clubhouses" and "pamper criminals at the expense of honest men." Among those he castigated were professional bail bondsman; sympathetic judges; appellate courts that granted retrials on technicalities; seedy criminal lawyers; and cowardly magistrates.[2]

blaming lawyers 1928 https://www.newspapers.com/image/44357592

Statutory reform

https://www.newspapers.com/image/229711946

Capital punishment

characterized opponents of capital punishment as unintelligent https://www.newspapers.com/image/94973687

remarks on conditions of life imprisonment https://www.newspapers.com/image/588539036

https://www.newspapers.com/image/727187343

calling for the accused bombers of the Chicago Federal Building to be charged for treason and sentenced with death in 1918. https://www.newspapers.com/image/946160640


study on death penalty https://www.newspapers.com/image/680627179

In 1930, Kavanagh spoke before the House of Commons of the United Kingdom to advocate for capital punishment, claiming, "every time the death sentence is not carried out the murder rate goes up, and every time there is an execution the murder rate goes down."[2]

Prison conditions

Kavanagh criticized American prisons as being too comfortable for prisoners, criticizing them as having "club comforts" and an insufficient focus on "punishment and justice".[2]

Insanity pleas

https://www.newspapers.com/image/699507183

https://www.newspapers.com/image/838770036

Corporal punishment

Kavanagh opined that a reintroduction of corporal punishment in the United States would, "practically empty our prisons."[2]

whipping post https://www.newspapers.com/image/974237278 https://www.newspapers.com/image/37471217 https://www.newspapers.com/image/1203195509

Advocacy for abolishing criminal court procedure

for abolishing mandatory restrictions https://www.newspapers.com/image/59990017 https://www.newspapers.com/image/687111424

Views on divorce

anti-divorce sentiment in 1913 https://www.newspapers.com/image/514064461 https://www.newspapers.com/image/767234944

1926 https://www.newspapers.com/image/13890802

opinion that homeownership decreases unrest underlying divorces https://www.newspapers.com/image/378279437 https://www.newspapers.com/image/96214861 https://www.newspapers.com/image/1237344520 https://www.newspapers.com/image/380472142

Views on United States global hegemony

https://www.newspapers.com/image/810888038

Later life and death

Lost renomination in the July 1, 1935 primary.[1]

In Septemer 1937, Kavanagh moved to Los Angeles. He spent his final months of life focused on writing. On December 31, 1938, Kavanagh died in Los Angeles of a heart ailment at the age of 78.[2]

Personal life

Kavanuagh married Lady Herminie Templeton, and was widowed after her death. He remarried in 1934 to Jeanne Latour.[2]

Kavanuagh also belonged to several society organizations, including the Chicago Athletic Club, the Hamilton Club.[2]

Kavanaugh viewed his experiences on the bench as affirming the existence of a god. https://www.newspapers.com/image/229711406

Electoral history

judge

1901 Chicago mayoral election Republican nomination convention balloting[3]
Candidate 1st 2nd
(before shifts)
2nd
(after shifts)
3rd 4th 5th 6th 7th 8th
Elbridge Hanecy 222 299 327 370 398 393 392 466 486
John Maynard Harlan 284 296 296 267 260 247 231 229 202
William Boldenweck 158 167 167 161 147 163 185 125 131
Walter J. Raymer 109 84 84 82 75 78 73 65 64
Frank T. Fowler 82 66 66 60 60 59 59 55 57
Marcus Kavanagh 28 28 0 0 0 0 0 0 0
William Mavor 57 0 0 0 0 0 0 0 0

judge

judge

1923 Superior Court of Cook County election[4][5]
Party Candidate Votes %
Republican Oscar Hebel (incumbent) 151,884
Republican Charles M. Foell (incumbent) 239,598
Republican Marcus Kavanagh (incumbent) 239,232
Democratic Jacob H. Hopkins 235,178
Republican Hugo Pam (incumbent) 332,908
Republican Hosea W. Wells 232,095
Republican Albert C. Barnes (incumbent) 231,355
Democratic Michael L. McKinley (incumbent) 231,189
Republican William H. McSurely (incumbent) 222,309
Republican William N. Gemmill 221,350
Democratic John M. O'Connor (incumbent) 220,564
Democratic Dennis E. Sullivan (incumbent) 217,420
Republican Wells M. Cook 217,328
Democratic Joseph H. Fitch (incumbent) 210,133
Democratic Charles A. Williams 209,330
Republican Emanuel Eller 203,248
Republican Frederic R. DeYoung 201,917
Democratic William J. Lindsay 201,435
Republican Howard W. Hayes 194,250
Republican Thomas Marshall 186,306
Democratic Marvin E. Barnhart 184,935
Republican George E. Gorman 184,904
Democratic James C. Jeffery 181,761
Democratic Harry P. Beam 180,011
Republican James W. Breen 179,674
Republican Iwrin R. Hazen 177,264
Democratic Julius F. Smietanka 172,696
Republican Anton T. Zeaman 174,891
Democratic John F. Bolton 169,795
Republican Louis J. Behan 169,258
Democratic Charles J. Michal 169,147
Democratic Max M. Korshak 161,795
Democratic Frank H. Graham 158,680
Democratic Martin J. Isaacs 152,778
Republican Frederick B. Roos 151,182
Democratic James H. Poage 150,932
Republican Edward H. Morris 147,597
Democratic Frank T. Huening 145,227
Socialist Marcus H. Taft 16,241
Socialist Pierce L. Anderson 15,395
Socialist Charles V. Johnson 15,183
Socialist John M. Collins 15,177
Socialist Kellam Foster 15,020
Socialist Otto Branstetter 14,618
Socialist Ivar Anderson 14,579
Socialist Mary O'Reilly 14,553
Socialist Jason A. Imes 14,229
Socialist John C. Flora 14,056
Socialist Leon J. Ell 13,901
Socialist John T. Whitlock 14,156
Socialist Herman Dickstein 14,152
Socialist Harry E. Aldrich 14,110
Socialist David Norstedt 14,029
Socialist Bernard Berlyn 13,907
Socialist Raphael B. Green 13,876
Socialist Bernard Kortas 13,864
Socialist Mike Ladevich 13,350
Total votes 100

judge

judge

1935

Works authored

  • "The Criminal and His Allies" (1928)

References

  1. ^ a b https://www.newspapers.com/image/354980007
  2. ^ a b c d e f g h i j k l m n o p "Marcus Kavanagh, Noted Jurist, Dies; Authority on Criminology Had Served on Superior Court Bench for 37 Years". The New York Times. January 1, 1938. Retrieved September 25, 2025.
  3. ^ "Convention Work In Detail". Chicago Tribune. March 3, 1901 – via Newspapers.com.
  4. ^ Official Vote of the State of Illinois Cast at the General Election, November 4, 1924 Judicial Elections, 1923-1924 Special Elections, 1923-1924 Primary Election, April 9, 1924 Presidential Preference, April 8, 1924. Illinois Secretary of State.
  5. ^ "Chicago-Cook County Election". Chicago Tribune. November 7, 1923. Retrieved 17 July 2022 – via Newspapers.com.

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