Other than some mischaracterized photographs, Mr. Fleming does an excellent and well researched job of demystifying and humanizing Paul Bern.
Mr. Fleming dispels the myth that Paul Bern was an impotent, perverted, latent homosexual who beat his wife Jean Harlow. Paul was an educated, charming, likable, gracious man who made a mistake: he misjudged the wrath of his scorned common law wife Dorothy Millette. Paul's wishful thinking about Dorothy resulted in his untimely death.
Mr. Fleming establishes beyond question the following facts:
1. Paul Bern had a common law marriage to Dorothy Millette.
2. Paul continued to provide "spousal support" to Dorothy until the time of Paul's death.
3. Jean Harlow knew about Paul's common law marriage to Dorothy and married him anyway.
4. Dorothy visited Paul on the eve of his death.
5. Paul was a master of the English language (suicide note).
Even though Mr. Fleming clears Paul's name after 76 years, he overlooks the reasons for Paul's death and reaches an incorrect conclusion about the perpetrator of Paul's death. Nevertheless, I highly recommend this book.
No one has examined the Bern case from a legal perspective (other than MGM lawyers/doctors); and no one has examined the alleged suicide note from a semantic perspective.
Legally, Paul Bern was married to Dorothy Millette at the time he married Jean Harlow. At the time, common law marriage was legal in New York. Technically, Paul Bern committed the crime of bigamy as soon as he said "I do" on July 2, 1932. At that instant he saw an elephant standing in the front room at Club View Drive.
When Harlean Rosson Bern said "I do," she too committed the crime of bigamy under California law( Cal penal Code Section 282). Both Paul and Jean could have been prosecuted for bigamy.
Bigamy is one of those crimes that go unnoticed unless someone gets angry, becomes distraught, or seeks revenge.
Bigamy is a crime that "disappears" under the proper circumstances; for example, the payment of large sums of money.
At the instant of their marriage, neither Paul nor Jean had a legal defense to their crimes of bigamy. Paul for one could not avail himself of any legal defense to bigamy because he declared Dorothy his wife in a will, and he continued to pay her "spousal support" or alimony up until his death. His position was untenable and he knew it. There was plenty of physical evidence to convict Paul in California or New York for the crime of bigamy. There was circumstantial evidence to convict Jean of the same crime. Jean went to San Francisco to talk to Dorothy, but was recalled before she could make contact. There was enough evidence against Jean that the reporters and the DA could have had a field day. MGM and their little platinum haired goose would be crucified if Dorothy blew the whistle.
Could Paul make a deal with someone who may have been mentally unstable even though outwardly she appeared and functioned normally, yet reclusive?
Dorothy was not a disheveled, whacked out kook hell bent on murder. Quite the contrary: Mr. Fleming portrays her as well dressed, quiet, and dignified. Also, she was an excellent tenant at the hotels where she resided. She appears to be an intelligent woman who had expensive tastes. After all, in her mind she was married to a very successful Hollywood producer. She was not the kind of person to make a scene---yet.
Mr. Fleming establishes without question that Dorothy visited Paul at his home prior to his death. Jean stayed away. Paul would have to deal with Dorothy, and resolve the "wrong" he had committed by dual marriages. Paul is found dead Labor Day morning after Dorothy's visit.
Since Paul is dead he cannot be prosecuted for bigamy; but Jean can still face a bigamy charge. It doesn't matter if the charge can be proven. Her career will probably end in 1932 whether or not she is convicted. Remember Fatty Arbuckle a few years earlier?
There are only four bigamy defenses available to Jean:
1. Dorothy was dead prior to Paul's marriage to Jean. (Cross this off the list).
2. Paul legally "divorced" Dorothy. (Ditto item 1).
3. Jean didn't know about Paul's "marriage" to Dorothy. (Ditto item 1). And,
4. Jean's marriage to Paul was never consummated; thus the marriage to Paul could have been annulled had he lived.Jean's marriage to Paul would be void from the beginning or at least voidable by court action.(Here is an out for the lawyers, with the help of some doctors. (Jean will not help)).
A bigamy charge won't stick if the marriage to Jean wasn't consummated. Create enough doubt about Paul's masculinity and the DA won't waste time trying to prosecute. The lawyers set this up with the doctors, and the gossip girls, and the publicity hacks ran with it. Jean maintains "I don't know why he did it... I don't know what the note means."
Jean could have said she never consummated the marriage and cleared hereself of a potential bigamy charge. But she knew this was false. She was not a liar. She and Paul did consummate the marriage. There is no evidence to support his purported impotency, and much evidence to the contrary (buy and read the book).
It does not matter the details of Dorothy's visit to Paul. The result was obvious: no deal could be reached with Dorothy on the dual marriage issue. In Paul's mind it was just a matter of time before the headlines blared:
"Film Producer And Movie Star Wife Indicted For Bigamy." There was only one way out for Paul: suicide.
Neither Paul nor Dorothy had the capacity to commit murder. Paul could have killed Dorothy but he didn't. Dorothy would not kill Paul; he was her meal ticket. This is why she committed suicide after his death.
The cornoner returned a verdict of "suicide, motive undetermined."
Here is the math of the coroner's verdict as it relates to risk of charges against Jean and Dorothy:
1. Verdict suicide, motive undetermined=Jean in the clear&Dorothy in the clear.
2. Verdict murder, motive undetermined=Jean murder-Dorothy murder
3. Verdict suicide, motive bigamy=Jean bigamy-Dorothy in the clear.
4 Verdict murder, motive bigamy=Jean murder/bigamy-Dorothy murder.
If Jean says nothing, she is in the clear and true to Paul. Her silence proves she consumated her marriage to Paul.
The details surrounding the suicide note are not important. What is important is the fact that the note was found, its contents (semantics), and the fact that Paul wrote it. That Paul wrote the note cannot be disputed. Look at his signature on the note and his signature on the Grand Hotel ledger (I have an enlarged copy of both); they are identical. Paul signed the ledger a few months before he wrote the suicide note.
Paul had a very clear motive when he killed himself: He could not face the consequences to himself and/or Jean of a bigamy scandal. The second he pulled that trigger he terminated two marriages, but he probably didn't realize Jean could still be charged with bigamy. Her crime was complete the moment she said "I do."
Look at the language of the suicide note:
"Dearest Dear: an affectionate term for Jean he was known to use.
unfortunately,(sic): characterized by bad luck, misfortune = I couldn't work it out with Dorothy.
this is the only way: present, near in time, or just about to be = Paul's upcoming suicide.
to make good: to succeed at something, eliminate a problem = dual marriage/suicide.
the frightful: horrifying, terrifying = potential bigamy prosecution, loss of career, shame.
wrong: contrary to conscience, morality, law = bigamous marriages of Paul.
I have done you: he married Jean knowing he was "married" to Dorothy.
and to wipe out: to destroy, murder (slang)=suicide.
my abject: miserable;
humiliation" the state of being discraced, shame, as a bigamist.
Finally, this leaves the postscript in the suicide note, Paul's "afterthought" the "PS."
"You understand that last night was only a comedy."
According to Mr. Fleming, Dorothy left Paul's home near 3am Monday Labor Day morning. If Paul wrote his suicide note after Dorothy left, then he must have been referring to Sunday night prior to midnight; otherwise he would have said "tonight." Paul must have assumed the note would be found sometime Labor day morning or afternoon when the servants or Jean showed up. What was the "comedy" of last night (Sunday night)?
Paul knew the definition of comedy: a joke, satire, humorous performance.
According to Mr. Fleming, Jean left the Easton residence Sunday after an argument complaining "Paul doesn't want me here."
Whether Paul didn't want Jean there because Dorothy was coming, or for some other reason we will never know.
As an afterthought, Paul may have considered the tone of his voice in any comment to Jean as inappropriate to the love of his life. He may have felt that he hurt her feelings. He was a sensitive man and aware of the feelings of others. He added an apology to his note for anything he said to her which may have hurt her feelings.
In conclusion, Mr. Fleming asserts that Mendel Silberberg, Mayer's Lawyer, and Jean were responsible for Dorothy Millette's headstone. Notably, Mendel got an annulment form his first wife actress Alice Calhoun in 1926 because she was ENGAGED to another man. Mendel knew about annulments. Author Fleming does not say whether Jean choose the name on the headstone. He only tells us the inscription:
Dorothy Millette Bern
1886-1932
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