Part One: Thomas Kerl’s Life Speaks to Us Today
Thomas Kerl was an exemplary citizen, patriot and businessman who ran afoul of the Espionage Act of 1917 with tragic results. How could a Coeur d’Alene citizen be a WWI-era spy for the Germans? What is there about his story that is still so important, even for today?
He was born in 1869 to German immigrant parents living in New York City. Under the leadership of Simon, Thomas’ father, the family quickly became upwardly mobile by working hard, committing to education, authoring textbooks and taking advantage of the Morrill Act, which allowed him to buy 4,000 acres of farmland in Nebraska.
Thomas was noted early in life to be highly intelligent. He determined to emulate his father’s integrity, curiosity, intellectual honesty and capacity for hard work. He was exposed to good books and given an excellent education. His mother introduced him to the piano, and he continued to improve his musical skills over his lifetime.
As a young, charming and well-mannered adult, he headed to Europe for the “Grand Tour." Upon return, he took up the study of agriculture and politics. He studied the law and obtained a law degree.
He was an attorney in Omaha when he met and married 22-year-old Olive Swales of Kingston, Ontario, in 1897. He was 26. The couple traveled to Europe and upon returning, purchased a large ranch south of Spokane and a home in Spokane.
The Kerls sold their home in Spokane in 1903. More travel throughout the U.S. followed. After eight years of marriage, they had their first child, a son who they named Donald. They participated in the 1905 auction of Fort Sherman lands and buildings in Coeur d’Alene. Two of the buildings he obtained in the land deal were the Post Commander’s beautiful quarters and the Fort Sherman Chapel, which he preserved and donated to the local Presbyterian Church. The chapel is now owned by the Museum of North Idaho. The post commander’s quarters became the Kerl family home at 721 Lakeshore Drive for nearly 40 years. It was demolished in 1957.
Sadly, 5-month-old Donald died, followed by Olive months later. Thomas stayed busy with real estate, a newfound interest in mining and his ranch south of Spokane. His brother Irving joined him in Coeur d’Alene to provide support.
Now a 35-year-old widower, he had lived a full life and gained a reputation as a successful farmer, philanthropist, land developer, supporter of the arts, teacher and attorney. His wide travels had put him in contact with U.S. presidents, a British prime minister, philosophers and artists. He considered himself a member of the Republican Party and in support of the working man. He decided to enter politics. He eventually ran for the U.S. Senate and was soundly defeated. The lure of high office was gone, so he returned to Coeur d’Alene to do what he knew he could succeed at.
Still young and without a family, he attended social events in part to seek out a possible new wife. He met Isabel Brooks, a 40-year-old socialite from Memphis, Tenn., at a ball in Boise.
He had been a widower for four years. Feeling they had enough in common, they married in 1909.
They had their only child in 1910 but separated in 1913. In 1915 he filed for divorce. She countersued on grounds of “extreme cruelty." This drew the attention of the newspapers.
The trial lasted seven months and eventually a verdict was rendered which was devastating to Kerl. He lost custody of their son and had to pay a large settlement, plus all her attorney fees and court costs.
World War I was spreading across Europe and was soon to involve the U.S. in combat. Many Americans were against going to war. This position was especially dangerous if you were a German immigrant. The feeling was that ex-German citizens must be sending vital information back to family members. This concern became so intense that the U.S. Congress passed the Espionage Act in 1917. It was a law that described espionage widely, so widely that the freedom of speech (to dissent) was identified as a precursor to actual spying.
Thinking that he had the right to speak freely, it would not be long before Thomas Kerl would overstep one or more of these legally drawn lines by voicing his concern about how the U.S. should relate to a foreign war.
Part Two, which will be published in July, will continue this story to its sad conclusion.
The material for this column was drawn from Stephen B. McCrea’s book "Silencing Thomas Kerl." The story is complex, the book is thoroughly researched and clearly written. The Museum of North Idaho sells copies in its bookstore.
Richard Sheldon is a member of the Museum of North Idaho board of directors.
