Finding aid to the Evander Smith--California Hall Papers, 1964-1974

Finding aid prepared by Tim Wilson
James C. Hormel Gay & Lesbian Center, San Francisco Public Library
100 Larkin Street
San Francisco, CA, 94102
(415) 557-4400
info@sfpl.org
April 2007


Title: Evander Smith--California Hall Papers,
Date (inclusive): 1964-1974
Collection Identifier: GLC 46
Creator: Smith, Evander
Physical Description: 1 document case + 1 oversized folder (0.5 cubic feet)
Contributing Institution: James C. Hormel Gay & Lesbian Center, San Francisco Public Library
100 Larkin Street
San Francisco, CA 94102
(415) 557-4567
info@sfpl.org
Abstract: The collection contains case files and related materials for the legal defense of Evander Smith, Herbert Donaldson, Elliott Leighton and Nancy May. They were arrested on January 1, 1965 as a result of police harrassment at the Mardi Gras Ball sponsored by the Council on Religion and the Homosexual.
Physical Location: The collection is stored onsite.
Language of Materials: Collection materials are in English.

Access

The collection is open for research.

Publication Rights

All requests for permission to publish or quote from manuscripts must be submitted in writing to the City Archivist. Permission for publication is given on behalf of the San Francisco Public Library as the owner of the physical items.

Preferred citation note

[Identification of item], Evander Smith--California Hall Papers (GLC 46), Gay and Lesbian Center, San Francisco Public Library.

Provenance note

The Evander Smith--California Hall Papers were donated to The San Francisco Public Library by Paul Gabriel for Evander Smith in 2002.

Biographical note

Evander Smith was a San Francisco lawyer who along with Herbert Donaldson was retained by the Council on Religion and the Homosexual. The Council organized a Mardi Gras Ball that took place on January 1, 1965 at the California Hall. Anticipating police harassment, Smith and Donaldson were asked to attend the event in case legal advice was necessary. The police took photographs of attendees arriving and requested admission to the event on two occasions. The first was to examine whether the event was in accord with rules regarding liquor; this was standard practice and the police were admitted to ascertain that the event was in compliance. At a later time, the police asked for admittance again and were denied because they did not have tickets for the private event and could provide no reason to enter. As a result, four people were arrested: Evander Smith, Herbert Donaldson, Elliott Leighton and Nancy May.

Scope and contents note

Includes case files on the legal defense of Evander Smith, Herbert Donaldson, Elliott Leighton and Nancy May. The files contain information on the events that took place, legal research on the laws pertaining to those events, information on jury selection, materials concerning homosexuals and their treatment by authorities, clippings of newspaper coverage and some homosexual publications of the time. There are copies of sermons or papers enclosed in Methodist Church services in January of 1965. There are a few photographs of attendees and the police presence on January 1, 1965.

Arrangement note

The material is arranged chronologically.

Subjects and Indexing Terms

California Hall (San Francisco, Calif.).
Council on Religion and the Homosexual (San Francisco, Calif.).
Donaldson, Herb
Smith, Evander -- Archives
Assembly, Right of--United States.
Drag balls--California--San Francisco
Freedom of association--United States.
Freedom of expression--United States.
Gay liberation movement--California--San Francisco.
Gay men--Legal status, laws, etc.--California.
Gay rights--United States.
Gays--Legal status, laws, etc.--California.
Lesbians--Legal status, laws, etc.--California.
Police--Complaints against--California--San Francisco.
San Francisco (Calif.)--History--20th century
Trials--California--San Francisco.

Folder 1

Clippings, 1964-1965

Folder 2

Photograph of policeman holding a card with numbered "2" and an unidentified man covering his face and eyes, with undated letter, 1965 January 1

Folder 3

Photographs (4 items), 1965 January 1

Folder 4

"Chronology of Events Occurring in Connection with Arrest of Above Individuals on January 1, 1965," [1965 January]

General note

Evander C. Smith and Herbert Donaldson, named.
Folder 5

"Here's What Really Happened..." 1965 January 2

Folder 6

Correspondence, 1965 January

General note

Includes notes from Cliff Anchor and Howard Thorkelson.
Folder 7

Photographs/Negatives, 1965 January

Folder 8

First Methodist Church and Glide Memorial Church service programs, 1965 January 10

General note

"Man, Sex and the Gospel" by John V. Moore enclosed.
Folder 9

First Methodist Church and Glide Memorial Church service programs, 1965 January 17

General note

"Church, Community and Homosexuality" by John V. Moore enclosed.
Folder 10

First Methodist Church and Glide Memorial Church service programs, 1965 January 24

General note

“Chastity and the Pill (a consideration of ethics and sex)" by John V. Moore enclosed.
Folder 11

Case file: Donaldson, Smith, Leighton and May vs. The City and County of San Francisco, 1965-1966

General note

Includes notes on legal issues, defense planning, witnesses, facts to be gathered, correspondence with Morris Lowenthal, and copies of court papers filed.
Folder 12

Legal Material regarding dancing and dance halls, [1965]

Folder 13

"Questions of Evander" with responses, [1965]

General note

Multiple copies.
Folder 14

Statement of Nancy May [transcript], [1965]

Folder 15

Trial notes on jury selection, questions, cross examination, 1965 February-March

Folder 16

The American Indian (San Francisco: American Indian Center) newsletter, 1965 February

Oversize Folder 1

The Open City Press vol. 1 (10), Feb. 10-16, [1965]

General note

Article "There is a Cure for Homosexuals."
Oversize Folder 1

American Civil Liberties News vol. 30 (2), February 1965

General note

Article on p.4 "ACLU Will Defend Arrested Attorneys" (4 copies).
Oversize Folder 1

American Civil Liberties News vol. 30 (3), March 1965

General note

Article on p.1 "Three Lawyers and Secretary Acquitted" (1 copy).
Folder 17

Vector vol. 1 (5), 1965 April

General note

Contains article on Mardi Gras ball.
Folder 18

San Francisco Observer cartoon: "Making Task" by Len Devereaux, 1965 May 10

Folder 19

“Homosexuality and the Physician” by Philip H. Heersema ( Journal of the American Medical Association, v. 193 (10)), 1965 September

Folder 20

Two articles on police officers, their job duties, and law enforcement with Constitutional standards, 1965 December

Folder 21

"Answers to Interrogatories," [1966 December 26]

Folder 22

Reed H. Bement for Lowenthal & Lowenthal to Evander Smith, 1966 December 28

General note

Encloses "Answers and Objections to Interrogatories Propounded by Defendants."
Folder 23

Reed H. Bement for Lowenthal & Lowenthal to Evander Smith, 1967 January 12

General note

Encloses a copy of "Notice of Objections to Interrogatories and Memorandum of Points and Authorities in Support Thereof."
Folder 24

Correspondence: Evander Smith to Herbert Donaldson, 1967 February 14

Folder 25

Marina Memos. Bulletin of the Marina Lions Club nos. 16, 18, 19. 1967 March-April

Folder 26

Ephraim Margolin to Milton Stern, Marvin Lewis, Edward L. Cragen, Messrs. Brown and Dearman, Evander C. Smith, Jerome Carlin, Arthur Wells, Arthur Brunwasser, Jerrold Levitin, 1967 December 8 and 22

General note

Regarding 100 still photographs that were not in evidence during the trial and whose existence was denied by the District Attorney and the police.
Folder 27

"Should the Lawyer Be At the Scene?" by Robert Treuhaft, [196-]

Folder 28

Correspondence with Ephraim Margolin and Morris Lowenthal regarding legal representation, 1969-1972

Folder 29

Paul N. Halvonik to Evander Smith, et al., 1973 June 26

General plan

Regarding City being granted discovery in the Smith vs. Cahill matter.
Folder 30

Correspondence regarding settlement and check, 1974

Folder 31

Mary B. Denaro, 1974 May 23