Alexander Hamilton, Aaron Burr, and the body in the well

In January 1800, Elma Sands’s dead body was found in a New York City well. The case has captivated people ever since, not least because in the resulting trial, defendant Levi Weeks was represented by Alexander Hamilton, Aaron Burr, and a future Supreme Court justice.

The Girl from Greenwich Street: A Novel of Hamilton, Burr and America’s First Murder Trial is a historical fiction novel by Lauren Willig. On this episode of the Modern Law Library, she explains how four years before their fatal duel, Hamilton and Burr came to be co-counsels on a murder case.

“The New York Bar was perishingly small in 1800. And in fact, Burr and Hamilton were co-counsel on a complex commercial litigation at the exact time,” says Willig. “So people were constantly–it’s like swing your partners, do-si-do. They were always working together, working against each other. It was just the way the bar worked in 1800.”

The defendant, Levi Weeks, lived in the same boarding house as Sands, a hatmaker whose cousin owned the house. The prosecution contended that Weeks had seduced Sands with a promise of marriage, then dumped her body in the Manhattan Well. His trial was the first murder trial in America to have a court transcript, thanks to a clerk who’d recently learned shorthand. This transcript gave Willig a wealth of witness testimony to draw on when fleshing out her characters.

“One of the things that drove me nuts when I was researching this case was how little attention has been expended over the years in trying to figure out anything about Elma Sands, the murdered woman,” Willig tells Rawles. “There are some big personalities and really big names involved in the trial itself. And people are so eager to get into the courtroom with Hamilton and Burr that they just trample over Elma. And she gets flattened into one of two archetypes. Either she’s the innocent young maiden who’s been seduced and betrayed, which is how the prosecution portrays her in the trial, or she’s a melancholy laudanum-addicted nymphomaniac, which is how the defense tries to portray her.”

“And I think the reality of Elma was a lot more complicated than those flat depictions would have us believe.”

Willig and Rawles also discuss her time at Harvard Law, where she signed a contract to write her popular Pink Carnation series as a 1L, and then her time at Cravath, Swain & Moore, trying to balance being a published romance writer and lawyer.

“I had to make a choice, try to continue to juggle or go all in on being an author. And I left Cravath and my partner mentor came up to me and said, ‘Well, what took you so long? I would’ve left sooner.’ ”