In the 1940s John Herbert, who sometimes competed in drag pageants, was the victim of an attempted robbery while he was dressed as a woman. His assailants falsely claimed that Herbert had solicited them for sex, and Herbert was accused and convicted of indecency under Canada's same-sex sexual activity law (which was not repealed until 1969). After being convicted, Herbert served time in a youth reformatory in Guelph, Ontario. Herbert later served another sentence for indecency at reformatory in Mimico. Herbert wrote "Fortune and Men's Eyes" in 1964 based on his time behind bars. He included the character of Queenie as an authorial self-insertion.