J. Walter Leopold

Joseph Walter Leopold was born 27 July 1890, in Brooklyn, New York, to Frank Leopold, a factory cloth examiner, and Ann (Sutterer) Leopold, both originally from Germany. He lived in Brooklyn with his parents and younger brother, J. William, until the early 1910s.[27]

In 1911, he married Gertrude Ethel McNally,[28] and by 1913 they had relocated to Chicago, IL.[29] The Leopolds had one daughter, Ethelreda Leopold, born 2 July 1914,[30] while J. Walter was still working with the Gorman Brothers. He divorced Gertrude in late January 1922, during the time he was performing with Emma Carus.[31]

On 4 August 1922, Leopold and his partner Emma Carus appeared in Chicago's The Daily News, in a story regarding Carus' sentencing in a disorderly conduct case, The case concerned her involvement in a fight that Leopold allegedly started with songwriter Harry Newman (whom he had composed music with earlier in his career). The fight, at the Hotel Sherman in Chicago, apparently started as a result of hotel guests, Mr. and Mrs. Harry Rinaldo, telling Leopold that Newman "had called him an unpleasant name." According to Mr. and Mrs. Newman's testimony, Leopold entered their hotel room behind Carus, who had called ahead to have a chat with Mr. Newman. It was reported that both Carus and Leopold had been drinking. Leopold was said to have shouted, "Now I've got you where I want you!" and began hitting Newman "over the head and the shoulders", while Carus urged Leopold to, "Give it to him right and left," as she struggled with Mrs. Newman to keep her from calling for help.[32]

In April 1926, Leopold and Carus married in Glendale, CA.[33][34] However, the union did not last long. Only 23 days later, Carus filed for divorce, citing cruelty as the grounds. Shortly after their split, in Oct of 1926, Carus, whose health had been declining, was declared mentally incompetent,[35] and was committed to Casa del Mar Sanatorium in Los Angeles. She died there on 18 Nov 1927.[36]

Soon after Carus' death, it was revealed that Leopold's divorce from Carus had never been finalized, and he was now an heir to her estate, which totaled approximately $165,000[37](equivalent to about $2.4 million in 2019).[38] In November 1926, soon after Carus' internment, Leopold had, "started his action to set aside the divorce, asserting that he had been asked by friends [earlier] not to oppose the divorce because of Miss Carus's [mental] condition." [39] Carus' interlocutory decree of divorce, which didn't terminate the marriage until after a year had elapsed and a final decree obtained, had basically been pre-empted by her death, so the divorce never became final.[40]

Leopold, as administrator of the Carus estate, had to contend with several issues impacting his pending inheritance. First, he had to dispute the claim that Carus' housekeeper, Lydia A. McCann, was owed $36,000 back pay, which the housekeeper asserted was retained by Carus for investment purposes.[41] Second, his ex-wife Gertrude McNally Leopold filed a lawsuit against him to collect over $10,000 in unpaid alimony.[42] Third, Carus' nieces from Germany (the daughters of her half-sister) also filed claims on the estate.[43]

McCann was inarguably the person most damaging to Leopold’s claim to the estate. Leopold disputed the claim that Carus agreed to pay the maid a $25 weekly salary (plus lodging), as it was already a third of what Carus herself was taking in weekly, before expenses. In McCann’s depositions, she claimed she was more than just a housekeeper to Carus during her years of service (1900–1926), and was more a companion, confidant, and manager of Carus’ household and personal property. She stated that Leopold was aware Carus, who suffered from paresis, was having frequent attacks of insanity, and that one day he took Carus out for a short ride, taking advantage of the opportunity to marry her quickly without allowing McCann or others to intervene.[44]

In April 1928, Paul Schnitzler was made co-administrator of the Carus estate, by recommendation of Dr. Gustav Heuser, German consul in New York City, acting on behalf of Carus’ 5 nieces (of half blood), with agreement from J. Walter Leopold. Schnitzler had heard McCann’s depositions even before Leopold became administrator of the estate, and used the information on the marriage as leverage to compel Leopold to agree to his appointment as co-administrator, reportedly under threat to have the marriage annulled, and to let the German heirs receive 60% of the estate, while Leopold took 40%. Of this 40%, Leopold was to give 15% to Leona Thurber, friend and guardian of Carus in her last years, and whatever amount was to be settled with his ex-wife for the back-alimony lawsuit. McCann initially was pressured to ask for a smaller sum of $2500 for her settlement in order to avoid another $10,000 in court costs, but when those costs were waived by the courts, McCann was emboldened to ask for more. In Nov of 1930, Leopold consented to have Schnitzler offer her $9000. McCann turned this down, and negotiated with Schnitzler to accept a payment of $12,000, which Leopold refused to pay. By this time, about $7500 in court costs had already been expended in court battles with McCann and her lawyers.[45]

In her judgement against Leopold, former wife Gertrude McNally Leopold claimed that J. Walter Leopold paid alimony for only two years, then disappeared and left her and their daughter stranded in Chicago. Leopold denied the claims that he owed her back-alimony of $175 per month,[46] and "asserted that he had made a settlement with his first wife which had been satisfactory until the news of the Carus estate was published." [47]

Carus’ half nieces, led by Elizabeth Blohs and Erna Matthews, argued that their aunt was insane when she married Leopold, and "filed suit in a Federal court to have their aunt's marriage voided." [48] Leopold had stated that Carus told him she had no relatives in the US or in Germany.[49]

The settlement of the Carus estate was not finalized until some time in early 1932,[50] and the final outcome was not published in the local papers. The papers did note that ex-guardian Leona Thurber was to collect $2300 as her part of the estate, when it was still under final settlement in January 1932.[51] If the earlier conditions of the estate were upheld, this implies that Leopold had received roughly $15,300.

In May 1933, Leopold went into business with his brother J. William Leopold, opening the Blue Point Inn, a resort in Brooklyn. The resort advertised fishing, bathing, entertainment, and dancing, with a nightly rate of $3 and a weekly rate of $18.[52][53]
In the 1936 CA Voter registration list[54] and the 1937 city directory for Los Angeles,[55] Leopold was listed as a salesman.
By 1937, Leopold had married his third wife, Helen,[56] formerly Clara Helen Ennis,[57] originally Clara Helen Piel of Illinois.[58]
In the 1940 census, he listed his occupation as actor.[59]
In 1942, his WWII draft registration card indicated he was a store's protection assistant in LA.[60]
At the time of his death, he was described as being an investigator for loan and credit companies, and a songwriter.[61][62]