theworldismine13
God Emperor of SOHH
The Case of the Missing Oscar
http://www.law.gwu.edu/News/newsstories/Pages/TheCaseoftheMissingOscar.aspx
http://www.law.gwu.edu/News/newsstories/Pages/TheCaseoftheMissingOscar.aspx
Not many legal research trips involve a visit to the Academy of Motion Picture Arts and Sciences in Hollywood. But the Academy was a crucial stop for Professor W. Burlette Carter, who headed to Hollywood to unravel the mystery of what happened to Hattie McDaniel’s Oscar—a case detailed in her article “Finding the Oscar,” published in the Fall 2011 edition of the Howard Law Journal.
For some 40 years, Ms. McDaniel’s Oscar has been missing from a glass case at Howard University, where it was last seen. She won the coveted award for Best Supporting Actress for her role as Mammy,” the O’Hara family’s slave servant in the 1939 film adaptation of Margaret Mitchell’s Pulitzer Prize-winning novel, Gone With the Wind. “It was the first Oscar ever awarded to a Negro,” explains Professor Carter, who often uses “Negro” for African Americans of that era because “that’s what they would have proudly called themselves.”
The book was contentious among blacks, she says, because it “attacked the end of slavery and defended the Ku Klux Klan.” Professor Carter adds that when Ms. McDaniel won her Oscar, Hollywood offered only limited roles to African-Americans, mostly as servants to whites or as comical, dangerous or dim-witted caricatures. That context—and the perception of some that Ms. McDaniel accepted demeaning roles without protest— made her Oscar controversial. “On the one hand,” says Professor Carter, “it represented a Hollywood milestone as the first ever awarded to a Negro. On the other hand, to some it was Hollywood’s message that only black actors who went along with the status quo, no matter how much it damaged blacks by stereotyping them, would succeed.”
Professor Carter got the idea of researching the Oscar’s fate from a Twitter conversation. After another Best Supporting Actress winner, Mo’Nique, honored Ms. McDaniel in her 2010 Oscar acceptance speech, entertainment critic Touré led a lively discussion about the actress’s lost Oscar. Professor Carter, who teaches trusts and estates at GW Law, wondered aloud to the Twitterati if anyone had ever looked at Ms. McDaniel’s probate papers to see whether the Oscar actually reached Howard University—and how. Most commentators assumed that it came directly to Howard from the estate.
“I later learned that Ms. McDaniel’s probate papers were at the Los Angeles County Records Center,” says Professor Carter, “and the center would not send anything by mail.” Not yet sure a visit to the west coast would be worth it, Professor Carter called partner Ted Mayer of her former law firm, Hughes Hubbard & Reed in New York, who arranged for Los Angeles paralegal John Chaillot to visit the center to review key documents. An exhaustive search through the probate file further complicated the story; documents showed the Oscar in the estate, but its trail disappeared without explanation about midway through the probate process.
From that point on, says Professor Carter, “I was convinced that the story was worth telling.” She rolled up her sleeves and got to work, aided in her research by GW Law students Sam Cowin, Michael Dal Santo and Keith Sleeth-Del Prete. Together, the team conducted some 50 interviews and document reviews in four jurisdictions.
Reviewing Ms. McDaniel’s probate file was no easy feat, says Professor Carter. “The files were microfilmed out of order,” she notes, “and I had to piece it together. I actually had to do a spreadsheet to get the chronology straight.” As the story unfolded, she was surprised to learn that the actress died with an estate of just $10,000. Though she had only a few creditors, the estate was insolvent. (The IRS claimed it was owed more than $11,000.) Consequently, all of her assets, including the Oscar, were sold to pay creditors.
Professor Carter believes that the Oscar did not reach Howard until the early 1960s and that it probably came as a gift from actor and alumnus Leigh Whipper, a founding member and president of the Negro Actors Guild and an avid collector of Negro theater memorabilia. “He also knew Hattie McDaniel very well,” says Professor Carter.
After extensive research, Professor Carter concludes that the Oscar was removed from its glass case in Howard’s drama department between the spring of 1971 and the summer of 1973. She is also virtually certain that stories that Howard students took the Oscar during the ’60s Civil Rights protests (and even tossed it into the Potomac River, angry that the actress played a slave) are pure fabrication. “The Oscar disappeared after student unrest had quelled,” she says, “and those who have blamed students cite no sources.” Indeed, she says, “Every student from that period that I interviewed denied ever hearing about such a theft.” Moreover, with her research assistant Sam Cowin, Professor Carter reviewed court filings concerning the ’60s civil rights protests at Howard stored at the National Archives. “Those filings, which relate to injunction requests and prosecutions, mention a lot of things that students and others did…but they don’t refer to the Oscar or other artifacts,” she states.
Professor Carter also rejects another theory: that Professor Owen Dodson, the Oscar’s caretaker in the Howard drama department, took it. She reviewed Mr. Dodson’s probate file in New York Surrogates’ Court which contained draft wills he had written as well as his private papers at Howard and at Emory University. “It does not appear that the Oscar was among the items he had at death nor will anyone say that they saw it in his New York apartment,” she says.