Honorees

Anselm Thomas Whelan

1902-1969

Tom Whelan was born in O’Neill, Nebraska on July 6, 1902, and passed away on July 3, 1969.  He was the second child born into a large family of five brothers and two sisters.  Most of his family was deeply involved in the law.  His father Captain Edmund H. Whelan was a distinguished lawyer, who moved the family to San Diego in 1920.  His brother Vincent A. Whelan became a Justice of the California Court of Appeal after serving as the Presiding Judge of the San Diego Superior Court.  Another brother, Francis C. Whelan, was a United States Attorney in Los Angeles before becoming a United States District Judge for the Central District of California.  Yet another brother, Quentin, was a prominent member of the bar who practiced civil litigation in San Diego. His brother, Ed Whelan, was a Deputy District Attorney (LA Times, 1/28/36).  His sister Claire married the Honorable Roy G. Fitzgerald, of the San Diego Municipal Court.  

He studied law in his father’s law office and was admitted to the California Bar in 1924 at the age of 22.  He then returned to the University of Santa Clara to study philosophy and psychology.  When he returned to San Diego, he entered the practice of law as Deputy District Attorney under Stephen Cornwell.  After a time, he joined the partnership with father and Phil Smith (later a judge) until Tom was elected District Attorney in 1930. 

At age 28 he was the youngest D.A. in the State, and he took office in January 1931.  Thereafter, he served as chief trial counsel in some of the most complex murder and arson cases in San Diego county.  He prosecuted the famous Alexander Pantages case, where Whelan defeated Jerry Geisler and an extremely competent team of Los Angeles lawyers.  Pantages, a multi-millionaire vaudeville show man and theater owner, was charged with paying high school students to attend Hollywood parties (including weekend outings to San Diego and Agua Calando, Mexico) for immoral purposes, which the press dubbed as the “Love Market” case (LA Times, 3/11/31 & 3/12).

At that time, the District Attorney also served as the County Counsel.  He was enormously competent as a trial lawyer and he was thought by many to be the most effective public servant the San Diego professional community had ever seen.  He was “eminently resourceful, with a remarkable memory, and great knowledge of trial tactics.”  (San Diego Union, July 4, 1969). 

He not only enjoyed a brilliant tenure as a prosecutor, but was also a firm and able administrator.  Many identified him as the effective head of both our City and County law enforcement.  He was identified as “The Great T.”  His great contribution to the office was his talent and his charm.  He inspired intense loyalty and included on his staff were many subsequent leaders of the Bench and Bar – people such as James B. Abbey, Duane Carney, William A. Glen,  John T. Holt, Bill Mahedy, Bert Melees, H. Pitts Mack, Frank H. Nottbush, Philip Smith, and Gordon Thompson, Sr. 

With such an outstanding staff, Whelan was reelected as District Attorney in 1934, and during that time served as President to the California District Attorney’s Association.  He resigned in 1937 to re-enter private practice briefly with his brother Vincent in the Commonwealth building.  He was then reelected as District Attorney in 1942.  He finally left the office to Don Keller in 1946.  He thereafter became an icon of the criminal defense bar.  He was dedicated to his children. One of his contemporaries Judge Robert Conyers, states: “His daughter Susan and son Jerome continue to light up his eyes.”

The cases he tried included the Max Osslo labor case and the Scotty Mortgage embezzlement case.  He won them with the solid capital of old loyalties and that unconquerable Irish charm.

There is never any question that the man in the blue suit at the defense table remains a colorful, commanding professional, “The Great ‘T.’”  (Dicta, January 1959, pp. 4-5).  One of his former deputies, Judge William P. Mahedy stated:  “He liked to be called ‘Tom’ even by those who worked for him.  His whole life, from youngest manhood to its very end, was a devoted search for justice; it was truly an unending effort to bring about the ‘ascertainment and the declaration of truth.’  Material things such as high fees or wealth really meant little or nothing to him.  His love was for people and their rights.”  (Dicta, August 1969, p. 17).   He took many cases, including long trials, without being paid.  “By any standard, Tom Whelan must be classed among the legal greats, not only of San Diego, but of all California.”  (Id. at 18).

He was a legend of the criminal justice system both as a skilled prosecutor and as an extremely able defender of the accused.  His career is a rich and revered part of our heritage.

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