Duckett, Kenneth W.

Kenneth W. Duckett (1924-2014) was the Curator of Manuscripts at the Ohio Historical Society in Columbus, Ohio, from 1959-1965. He negotiated with the Harding Memorial Association in Marion, Ohio, for several years to arrange for the donation of William G. Harding's papers to the Ohio Historical Society. The Harding Memorial Association had custody of Harding's papers but did not allow researchers to use them, and Duckett was successful in convincing the association to transfer the papers to OHS so that they could be processed by professional archivists and made available for research in the OHS reading room. The association transferred Harding's presidential papers to OHS in 1963, but retained his early papers for a future transfer.

As news of the acquisition of Harding's papers by OHS spread throughout the United States, historian and author Francis Russell traveled to Columbus to meet with Duckett and assist with the unpacking of Harding's papers. At the time, Russell was preparing a biography of Harding, and was eager to access the Harding papers for his research. While he was staying in the area, Russell visited Marion, Ohio, to conduct research and ask local residents what they knew about Harding's life in Marion. He soon discovered rumors that Harding had long-running love affair with Carrie Phillips, the wife of local businessman James Phillips. Russell learned that Carrie Philips had died in 1960, and he contacted the local attorney who had served as her guardian and was handling her estate. The attorney told Russell that he had a cache of approximately 100 letters that he found in the Phillips home, most of which had been written to her by Warren G. Harding before he became president of the United States. He allowed Russell to read the letters and take notes on them, and Russell immediately contacted Kenneth Duckett to inform him of the letters. Duckett met with the attorney, and the attorney gave the letters to Duckett as a donation to the Ohio Historical Society.

Duckett believed from his experience with the Harding Memorial Association that the existence and acquisition of the Harding-Phillips correspondence could jeopardize his ongoing negotiations to acquire the Harding papers still held by the association. Duckett did not trust his superiors or the board of trustees of the Ohio Historical Society to keep the existence of the Harding-Phillips letters secret from the Harding Memorial Association, and he did not trust that his superiors would allow OHS to keep the letters. Ultimately, he feared that his superiors would force him to turn the letters over to the association or Harding family members who would then have them destroyed. Duckett placed the Harding-Phillips letters in a safe deposit box at a local bank and did not inform his superiors of his actions, in violation of OHS collecting policies.

As Duckett considered his options regarding the Harding-Phillips correspondence, he concluded that he should microfilm the collection. He borrowed a camera, purchased film, and microfilmed the collection in a vault at the Ohio Historical Society. He then made copies of the microfilm and distributed them to trusted friends throughout the country. As the situation unfolded, he believed that the Harding Memorial Association was retaining Harding's earlier papers in order to evaluate them and remove items that they felt cast Harding in a negative light. In early 1964, the association transferred additional Harding papers to OHS, and Duckett began to investigate the custodial history of Warren G. Harding's papers, including interviews with individuals who had assisted Florence Harding in the destruction of portions of the papers.

By April of 1964, Duckett's superiors at OHS learned that he had acquired the Harding-Phillips correspondence. Initially, they insisted that Duckett keep the existence of the correspondence secret and refuse access to any researcher. OHS leadership did not want to risk news of the correspondence distracting from the public opening of the Warren G. Harding Papers later that month. The OHS board of trustees impounded the correspondence soon after the Harding Papers were opened for research and created a special committee to determine their disposition. The correspondence was placed in a bank deposit box and keys were distributed to the OHS president and Duckett. In the meantime, Francis Russell continued to work on his biography of Harding and insisted that he be allowed to use the Harding-Phillips correspondence, and the notes he had already taken on them, in his research.

In May 1964, Duckett was directed to meet with probate judge Edward Ruzzo to discuss the legal issues surrounding his acquisition of the Harding-Phililps correspondence. Ruzzo ordered OHS to transfer the correspondence to the administrator of the Carrie Phillips estate. Duckett, however, retained his microfilm copies and did not disclose to anyone with the probate court that they existed. Francis Russell informed his editors at American Heritage about the existence of the correspondence, and the editors asked Duckett to write an article about the collection and the events surrounding it. Judge Ruzzo ordered an appraisal of the correspondence and determined that it should have been included in the administration of the Phillips estate.

In July 1964, the Toledo Blade broke the story of the existence of the Harding-Phillips correspondence and the pending legal action surrounding it. Two days later, the New York Times published an article about the correspondence, including descriptions of the content and nature of the letters. The article also quoted directly from the letters. The Times article quoted Francis Russell extensively, and revealed his plans to publish the contents of the letters in his upcoming book and an article for American Heritage . Approximately a week later, Duckett sent a copy of the microfilm to American Heritage for safekeeping. In its acceptance of the microfilm, American Heritage understood that Duckett was risking his job at OHS, and offered to support him financially if he was forced to seek another job within the archives or history profession. American Heritage also promised to defend Duckett if he was sued. A few days after that, the Ohio Historical Society ordered Duckett to turn over all copies of the microfilm.

As Duckett considered his options, he was served with a lawsuit by the Harding family. Led by Dr. George T. Harding III, nephew of President Harding, the lawsuit was filed against Duckett, Francis Russell, American Heritage Publishing Company, and McGraw Hill Publishing Company (the New York Times would later be added as a defendant). The suit demanded that all copies of the Harding-Phillips correspondence be turned over to the court and that a publishing ban be placed on the material. Additionally, the lawsuit sought one million dollars in damages. Common Pleas Judge Henry Holden issued an order forbidding any of the defendants from making any use of the correspondence until the suit was settled. During an August 1964 deposition, Duckett admitted to microfilming the correspondence and making four copies. In the meantime, Harding's heirs demanded that they be recognized as the owners of the literary rights to the letters regardless of the property rights held by the Phillips estate and its sole heir, Mrs. Isabel Mathee, the daughter of Carrie Phillips.

Throughout the summer and fall of 1964, Russell and Duckett worked on duel articles regarding the Harding-Phillips correspondence to be published by American Heritage . The appraisal of the correspondence was filed with the court, and repositories throughout the United States expressed interest in acquiring the material. Duckett began to search for employment outside of the Ohio Historical Society as the board of trustees there began to discuss the possibility of a reprimand or termination of employment. In October 1964, Duckett was officially reprimanded by the OHS board of trustees for his actions in relation to the Harding-Phillips correspondence. Soon after, Duckett made the decision to read the letters in their entirety for himself, an activity he had yet to accomplish due to the controversy.

In February 1965, the dual articles by Russell and Duckett were published in American Heritage, and Duckett accepted a university archivist position at the University of Southern Illinois at Carbondale. Duckett's superiors at OHS immediately refuted many of Duckett's assertions in his American Heritage article, going on the record with the Columbus Dispatch. Later that month, the Harding-Phillips correspondence was turned over to Isabel Mathee so that the estate of Carrie Phillips could be settled. Mathee entered into an agreement with the heirs of Warren G. Harding to hold the letters in escrow until the lawsuit was settled and Duckett agreed to turn over his microfilm copies.

In March 1965, Duckett resigned from the Ohio Historical Society. He began his job in Illinois in May 1965, and learned that the Ohio Historical Society had appointed Dr. Warren G. Harding to its board of trustees. The Harding lawsuit continued to move its way through the court, and the New York Times Company and OHS board of trustees member Glen Thompson (who had urged Duckett to send a copy of the microfilm out of state) were added as defendants in 1966. In 1967, the Harding heirs paid the debts of the estate of Carrie Phillips, and Isabel Mathee turned the Harding-Phillips correspondence over to Dr. George Harding III. In 1968, Glen Thompson turned over his microfilm copy to the court and sought to be dismissed from the lawsuit.

All parties to the lawsuit agreed to settle out of court in September 1970. The New York Times Company was dismissed from the lawsuit, and American Heritage Publishing Company paid $10,000 to the Harding family. The Harding family then donated the collection to the Library of Congress, who agreed to restrict access to the collection until July 29, 2014. During his deposition, Duckett had admitted to creating four microfilm copies of the collection, and as part of the settlement he turned these four copies over to the Ohio Historical Society. These microfilm copies included two that Duckett maintained in his own possession, the one copy held by American Heritage, and one copy held by Ohio Historical Society board member Glen Thompson. All parties agreed not to use the letters in any way that would infringe on the common law copyright held by the Harding family until July 29, 2014. The judge dismissed the one million dollar damage request made by the Harding family.

From the guide to the Kenneth W. Duckett Papers, 1960-2003, (Western Reserve Historical Society)