When Jessie Pierson and Lodowick Post argued over a fox in early 19th century Southampton, they probably didn’t think the resulting court case would echo down the ages. Yet here we are 220 years later talking with legal historian Angela Fernandez about the odd, improbable history of Pierson v Post.

A professor of law and history at the University of Toronto, Fernandez has delved deep into the case. Her “legal archaeology” uncovered important, presumed-lost information on the early phases of the proceedings. Her 2018 book Pierson v. Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture, unpacks more of the impact and context around the decision.

On today’s episode we discuss the local history surrounding the case, more about the Piersons and the Posts, and the surprisingly whimsical inner life of the legal profession.

Further Research

• Angela Fernandez (University of Toronto)
  • Fernandez, Angela. Pierson v. Post, the hunt for the fox: Law and professionalization in American legal culture. Cambridge University Press, 2018. (Find in a library via WorldCat)
  • Fernandez, Angela. “The lost record of Pierson v. Post, the famous fox case.” Law and History Review 27, no. 1 (2009): 149-178.
• Pierson v Post NYS Supreme Court

The science of genetics took a wrong turn in the early 20th century and it ran through Cold Spring Harbor, Long Island. Here overlooking a former whaling port, Dr. Charles Benedict Davenport created the Eugenics Record Office and served as director of the Carnegie Institution’s Station for Experimental Evolution. From these posts he promoted and pushed the Eugenics Movement in the US and throughout the world.

Historian and attorney Mark Torres has explored the far reaching and sinister influence of Davenport’s activities in his new book Long Island and the Legacy of Eugenics: Station of Intolerance (Arcadia Press). It is not the story of a fringe movement but of “the rage of the age.” Eugenics, which sought to control the development of the human race through such means as selective breeding, segregation, and forced sterilizations, was touted by politicians, intellectuals, academics, and even Supreme Court justices.

In his work, Torres traces a sinister strategy that included legislative control, the trappings of academic credentials, and partnerships with like-minded movements like the emerging Nazi Party in Germany. On today’s interview you’ll hear more about the people involved, the power they wielded, and their surprising, ultimate fate.

Further Research

• Mark Torres
• Long Island and the Legacy of Eugenics (Arcadia Publishing)
• Eugenics Record Office Collection (Cold Spring Harbor Laboratory)
• Audio Footnotes:
  • Episode 138: Long Island Migrant Labor Camps with Mark Torres
• Music
  • Intro music: https://homegrownstringband.com/
  • Outro music: Capering by Blue Dot Sessions CC BY-NC 4.0

Memorial Day 1949 was an auspicious day in Riverhead as it saw the inaugural game at the brand new Wivchar Stadium on Harrison Ave. The brainchild of Tony Wivchar, a local entrepreneur and owner of an earth-moving company, the venue soon came to be known as Riverhead Stadium.

Although it only existed for a few brief years, the stadium was alive with excitement. To help drum up interest, Wivchar formed the Riverhead Falcons baseball team out of local talent to play in exhibition games. Their opponents ranged from Negro League stalwarts such as the Black Yankees to barnstorming attractions like the House of David. Other events included women’s softball, rodeos, and professional wrestling. By the mid-1950s, however, the stadium was gone with little left to mark its passing.

Enter Fabio Montella – Suffolk County Community College librarian, history professor, and friend of the podcast. As part of his on-going explorations of baseball in Nassau and Suffolk Counties, Montella became aware of the stadium’s short but illustrious existence. He was able to uncover more about Wivchar’s past and his pursuits, even finding and interviewing Wivhcar’s wife and daughter.

The result, as today’s episode will attest, is a fascinating glimpse into one man’s passion and the field of dreams he built to contain it.

Further Research

• “Riverhead Stadium Opens.” County Review, May 26, 1949
• “Giving the House a Home” [House of David baseball]
• Audio Footnotes:
  • More episodes with Fabio Montella
• Music
  • Intro music: https://homegrownstringband.com/
  • Outro music: Capering by Blue Dot Sessions CC BY-NC 4.0