Entries - Entry Category: Law - Starting with F

On August 31, 1995, Barry Lee Fairchild became the eleventh Arkansan put to death under the state’s modern capital punishment statute, despite controversy over the methods used to extract a confession that was later repudiated by Fairchild. On February 26, 1983, Arkansas state troopers pursued a car driven by two black males who managed to abandon their car and run away. The car was later identified as belonging to Marjorie “Greta” Mason, whose body was found the next day near an abandoned farmhouse in Lonoke County. Mason, a twenty-two-year-old U.S. Air Force nurse, had been raped and shot twice in the head. Six days later, acting on information provided by a confidential source, police arrested brothers Robert and Barry Lee …

Hulbert F. Fairchild was a New York–born lawyer who moved to northeastern Arkansas to open a practice in the 1840s and found himself playing a precarious role as a trial judge and justice of the Arkansas Supreme Court during the calamitous days before and during the Civil War. Although Fairchild was put on the court by the secessionist governor, Elias N. Conway, and the court’s three justices had to flee Little Rock (Pulaski County) to the Confederate capital of Washington (Hempstead County) when Union forces controlled much of the state, Fairchild was privately uncomfortable with secession. While he capitulated to the secessionists and foes of emancipation on slavery matters before the court, his decisions resisted the curtailment of some civil …

On July 19, 1891, an African-American man named John Farmer was lynched in Chicot County for allegedly murdering a prominent local planter named C. C. Buckner. John Farmer may be the same person who was living with his grandmother, Lou Gibson, in the household of another African American, Jack Gillis, in Mason Township of Chicot County in 1880; his grandmother was a servant, and fifteen-year-old Farmer was a farm laborer. This would mean that he was twenty-six at the time he was lynched. According to Paul R. Hollrah’s History of St. Charles County, Missouri (1765–1885), C. C. Buckner was Charles Creel Buckner, born in Kentucky in 1850 to George Roberts Buckner and Harriet Creel Buckner. C. C. Buckner graduated from …

Clayton Ponder (Clay) Farrar Jr. was a longtime civic leader in Hot Springs (Garland County) as well as a respected historian and writer. He served as president of the Greater Hot Springs Chamber of Commerce, along with the nonprofit Hot Springs Fifty for the Future program, a public service organization he co-founded. Farrar championed efforts to revitalize Hot Springs National Park and led the drive to save it from being reclassified to a lower rank in the National Park Service, a designation that would have had a negative impact on the Hot Springs community. Farrar also helped secure federal funds to develop the National Park Visitor Center on historic Bathhouse Row in Hot Springs. Farrar’s most recent campaign was to …

In the Arkansas election of 1888, Agricultural Wheel members and other groups formed the Union Labor Party and allied with the Republicans to offer a serious challenge to the Democrats. In 1889, the Featherstone v. Cate congressional hearings resulted from allegations of election fraud in the race for U.S. representative from Arkansas’s First Congressional District, a district comprising seventeen eastern counties including Craighead, Crittenden, Cross, Lee, Phillips, and St. Francis. In 1888, the race for first district representative pitted Independent candidate Lewis P. Featherstone of Forrest City (St. Francis County) against Democratic judge William Henderson Cate of Jonesboro (Craighead County). Initially, the election results showed Cate the winner with 15,576 votes to Featherstone’s 14,238. In late November 1888, Featherstone, alleging fraud in Crittenden, Cross, Lee, …

William Hume “Rush” Feild Sr. was elected in the state’s first popular-vote election for circuit court. He was also a member of the Democratic Party and active in state politics. Rush Feild was born on July 10, 1796, in Brunswick, Virginia. (The origin of the nickname “Rush” is unknown.) He was the only son of James Feild and Henrietta Maria Anderson Feild. He studied law at Hampden-Sydney College and the College of William and Mary. By 1821, he was living in Pulaski, Tennessee. He married Mary Amanda Flournoy four months after her sixteenth birthday. He practiced law there and, at the first sitting of the chancery county court in 1832, was the second-longest-serving lawyer. He served one term in the …

Oscar Fendler was a prominent Arkansas lawyer who, during his nearly seven decades practicing law in Blytheville (Mississippi County), served as a leader of the state bar and worked to improve the administration of justice in Arkansas. Oscar Fendler was born on March 22, 1909, in Blytheville. His parents, Alfred Fendler and Ray Fendler, were Jews who immigrated to America from Kraków, Poland, around the turn of the century. After moving many times in search of work, the Fendlers eventually settled in the community of Manila (Mississippi County), where they opened a general store. They had four children, of whom Fendler was the eldest. Fendler attended public school in Manila through the tenth grade, which was the highest grade in …

A feud (sometimes referred to as a vendetta or private war) is a long-running argument or period of animosity, especially between families or clans. Feuds usually begin over a perceived injustice or insult. The feud cycle is fueled by a long-running cycle of retaliatory violence that often escalates into a “blood feud,” in which the cycle of violence involves the relatives of someone who has been killed or dishonored seeking vengeance by killing the culprits or their relatives. In theory, the cycle of killing continues until one entire family has been killed. Arkansas has had its share of feuds, particularly in the Ozark Mountains region of the state. Pioneers who came west from the southern Appalachian Mountains at the beginning …

On April 3, 1874, a sixteen-year-old Choctaw boy named Isaac Filmore was hanged in Fort Smith (Sebastian County) for the murder of a German man who was traveling from California. According to the warrant issued for Filmore’s arrest in the United States District Court for the Western District of Arkansas, on Saturday, July 19, 1873 (or thereabouts), he and another man named William Grayson (a.k.a. “Black Bill”) murdered the unnamed German man, who was “a white man and not an Indian.” Both Filmore and Grayson were arrested in the Creek Nation on July 21. Filmore reportedly made a voluntary statement when he was arrested. He said he was leaving town on Saturday (July 19) when he met Grayson. They were …

In this series of landmark court cases, prisoners at the Cummins Farm and Tucker Intermediate Reformatory units of the Arkansas prison system continued to challenge their conditions of confinement, several years after Chief Judge J. Smith Henley of the U.S. District Court for the Eastern District of Arkansas declared in Holt v. Sarver I (1969) and Holt v. Sarver II (1970) that confinement in the prisons constituted cruel and unusual punishment, violating the Eighth and Fourteenth amendments. Judge Henley called the conditions that prisoners faced “a dark and evil world completely alien to the free world.” The prisoners were represented by attorneys Jack Holt Jr. and Philip Kaplan of Little Rock (Pulaski County). Henley’s original decision ordered the Arkansas Department of Correction to remedy the …

On May 6, 1907, an African-American man named Sam Fleming—who was reportedly from Pine Bluff (Jefferson County)—was hanged at McGehee (Desha County) for winning a fight with a white bartender named Henry Vaughan. According to the Arkansas Gazette, Fleming was a “former Pine Bluff negro” who had lived in McGehee for several years. He was working in a saloon for black patrons owned by a man named Hellworth. Fleming had supposedly been in frequent trouble in Pine Bluff, once throwing a glass at a liquor dealer named Edward Wertheimer and wounding him in the head. Next door to Fleming’s workplace was a saloon for whites, also owned by Hellworth, where Henry Vaughan worked. Fleming and Vaughan had a fight, and …

Victor Anson “Vic” Fleming of Little Rock (Pulaski County) is a judge, author, and adjunct law professor. He also writes crossword puzzles that appear in prestigious national publications, including the New York Times. In 2017, Fleming and former President Bill Clinton co-authored a Times crossword. Fleming appeared in the 2006 documentary film Wordplay, playing guitar and singing an original song, “If You Don’t Come Across (I’m Gonna Be Down),” about the relationship between a Times crossword and its solver. Vic Fleming was born on December 26, 1951, in Jackson, Mississippi, to Elijah Anson Fleming Jr., who was a General Motors Acceptance Corporation (GMAC) manager, and Norfleet Cranford Fleming, who worked as an administrative assistant for the Mississippi legislature. The family …

On June 8, 1927, a mob murdered Owen Flemming, an African-American man, near Mellwood (Phillips County). At the time of the lynching, Arkansas was experiencing unprecedented flooding. The Flood of 1927 remains the most destructive in Arkansas history, covering about 6,600 square miles and inundating thirty-six of the state’s seventy-five counties. Many black citizens who lived along the Mississippi River and other flooding waterways were forced to work on the levees, often at gunpoint. One of these forced workers was Owen Flemming (or Fleming, according to some accounts). There is little information available about Flemming, but he is described in several articles as a “prominent black man.” According to the Arkansas Gazette, however, Flemming had a bad reputation. Officials at …

William Harold Flowers was a lawyer, minister, social and political activist, and one of the leading figures in the civil rights movement in Arkansas in the 1940s. He was the first African American special circuit judge in Jefferson County and a president of the African-American National Bar Association. He was also active in the National Association for the Advancement of Colored People (NAACP) in the state, serving as president of the Pine Bluff (Jefferson County) branch and as president of the state conference of branches. Born on October 16, 1911, in Stamps (Lafayette County), William Harold Flowers was the son of Alonza (often spelled Alonzo) Williams Flowers Jr., a businessman, and Beulah Lee Sampson, a schoolteacher. He was the eldest …

The Flynn-Doran War was an early 1880s struggle for control of gambling in Hot Springs (Garland County) between the gang of Frank “Boss Gambler” Flynn and the forces of rival James K. Lane and his chief hired gun, S. A. Doran. Frank Flynn arrived in Hot Springs in 1871 and, within five years, effectively controlled gambling in the town, though he also dabbled in newspapers and railroads. James K. Lane, who ran bar operations in one of Flynn’s gambling dens, decided to branch out on his own, opening the Palace Saloon and Club (at which his wife, Gracie, served as madam to its brothel operations), and the Monarch, both on Valley Street, around 1882. Angered by the competition, Flynn and …

John Albert Fogleman was a lawyer who spent seventy years in the profession, including fourteen years as a justice of the Arkansas Supreme Court, the last one as chief justice. Fogleman was an unusually congenial litigant and judge, liked by his colleagues and opponents and known for his scholarship, copious opinions, and rigid, conservative application of constitutional and statutory law.  A descendant of pioneer settlers of Crittenden County, John Fogleman was born in Memphis, Tennessee, on November 5, 1911, one of three sons of John Franklin Fogleman and Marie Julia McAdams Fogleman. He was reared and educated in Marion (Crittenden County) and enrolled at the University of Arkansas (UA) in  Fayetteville (Washington County) at the age of fifteen, where he received a bachelor of arts degree. As a freshman at the university, he met and, three years later, married Annis Adell Appleby …

On September 3, 1875, a Native American man named Samuel W. Fooy was among the first six men to be executed in Fort Smith (Sebastian County) under “hanging judge” Isaac Parker. Fooy was convicted of robbing and killing a Kansas schoolteacher in Indian Territory several years earlier. Sam Fooy was born in Sebastian County in 1849. He was part Cherokee; his father was James E. Fooy of Memphis, Tennessee, and his mother was named Mary Ann. Sam married Amanda Talitha Beattie, and by 1872 they were living near Webbers Falls in the Cherokee Nation (in present-day Oklahoma). At the time of Fooy’s death, they had three children. An 1875 article in the Arkansas Gazette described him as “well educated and …

L. L. Ford was one of two men hanged for the 1879 murder of a Crittenden County man, though many believed him innocent and he denied being involved in the crime. On October 26, 1879, four masked men rode up to the home of John Broadway, age fifty-five, about ten miles north of Marion (Crittenden County). One of them was John Potter, who worked for Broadway and believed that Broadway had $300 in his home. When Broadway tried to defend himself, another robber, Hiram Jeffries, shot him down. The four men fled, having netted only eight dollars. Potter, Jeffries, L. L. Ford, and Cal Huey were arrested and charged with Broadway’s murder. Huey got a change of venue to Mississippi …

For seven weeks beginning on February 16, 1988, Fort Smith (Sebastian County) was the site of a major trial in which a twelve-person jury sought to determine the guilt or innocence of fourteen right-wing radicals who were charged with a variety of crimes, most prominently conspiracy to engage in sedition. After hearing from a total of almost 200 witnesses, the jury found none of the defendants guilty. In the almost two-month-long proceeding, federal prosecutors presented evidence intended to prove that ten of the defendants had conspired and plotted to overthrow the federal government while also asserting that the others were guilty of trying to kill a federal judge and a Federal Bureau of Investigation (FBI) agent. According to the scenario …

On July 9, 1915, an African-American man named Warren Fox was lynched in Crittenden County for allegedly murdering a white man named John Millett. There is almost no information available on the principals in this incident. The Arkansas Gazette identified Millett as a “Frenchman and gardener” who worked for G. W. Sims on his plantation at the Crittenden county community of Kanema. Although the Gazette noted that Millett had previously been in Caruthersville, Missouri, and Johnson City, Illinois, he is not listed in census records for Arkansas, Missouri, or Illinois. Similarly, there is no record of an appropriate Warren Fox in Arkansas census records. George W. Sims, however, is well known. He owned extensive property in Crittenden County and worked …

The alleged murder of Connie Franklin in 1929 scandalized the state and served to reinforce negative stereotypes about Arkansas in the national mass media. The uproar surrounding the apparent murder only increased with the reappearance of the “victim,” alive and well, shortly before the trial of his accused murderers. In January 1929, Connie Franklin wandered into the community of St. James (Stone County), where he found work cutting timber and as a farm hand. He claimed to be twenty-two years old, rather than his actual age of thirty-two. He reportedly courted the town’s girls, particularly sixteen-year-old Tillar (or Tiller) Ruminer. According to later testimony by Ruminer, on March 9, 1929, she and Franklin were going to Justice of the Peace …

On August 19, 1912, an African-American man named Monroe Franklin was hanged in Russellville (Pope County) for an alleged attack on an unidentified white woman. Officials believed that a second black man, Pet (sometimes referred to as Pete or Pit) Grey, was also involved. Although the Arkansas Democrat described the lynching as the first in Pope County, research indicates that it was at least the third. John Hogan was lynched there in 1875, followed by Presley Oats in 1897. There is some possible information available on Franklin and Grey. Newspapers reported that Franklin had recently come into the area from Oklahoma. In 1910, there was a twenty-nine-year-old African American named M. F. Franklin living in Bearden Township, Okfuskee County, Oklahoma, …

Samuel Frauenthal was a prominent lawyer and judge in Arkansas in the late nineteenth and early twentieth centuries. With his appointment in 1909, he became the first person of the Jewish faith to serve on the Arkansas Supreme Court. Samuel Frauenthal was born on August 8, 1862, in Louisville, Kentucky. He was one of seven children of Jacob and Yetta Frauenthal, both of whom had been born in Bavaria, Germany. The family moved to Russellville, Kentucky, and Frauenthal received his early education in the Russellville schools. He then attended the local Bethel College, from which he received a BA in 1880. Following his graduation from Bethel, he pursued the study of law, although there are conflicting reports about whether he …

On January 7, 1898, in Little Bay (Calhoun County), African-American men Charley Wheelright (or Wheelwright) and A. A. Martin were lynched for the alleged murder of Bart Frederick, a white man. Jim Cone, another suspect in the case, was probably lynched around the same time. Six months later, Goode Gray (a.k.a. Tobe Gray) was lynched at Rison (Cleveland County) for the same crime. According to the Arkansas Gazette, Bart Frederick was murdered in the first week of January while he was operating a handcart on the Cotton Belt Railroad near Kingsland (Cleveland County), where he was a waterman (a worker who supplied water to the railroad tanks). A letter written by Dr. William Buerhive to Bart Frederick’s brother in Michigan, …

In the freedom lawsuits initiated before the Civil War, enslaved people brought suit against enslavers, claiming they were entitled to their freedom. The legal basis for the freedom suits varied. Claims were usually based on the enslaved individual having descended from free ancestors or having been the resident of a free state or territory, a situation that could have nullified their enslavement. However, such suits also arose when a group of enslaved people believed their owner had freed them—usually in a will—and they filed suit to ensure the master’s heirs upheld the legal directive. Freedom suits were usually brought by men, but women also undertook such suits on their own behalf, as well as their children’s, given that the legal …

Robert Foreman (Bobby) Fussell had a long career as a lawyer championing the legal rights of disabled veterans and the deaf, prosecuting prominent state political figures, and presiding over federal bankruptcy courts. He was a U.S. bankruptcy judge for twenty years, most of them as the chief bankruptcy judge of the Arkansas courts. Bobby Fussell was born on January 1, 1938, at Forrest City (St. Francis County), one of three sons of James V. Fussell Jr. and Dorothy Hall Fussell. His father ran a cotton gin and a service station. Fussell got a degree in business in 1959 and a law degree in 1965 from the University of Arkansas (UA) in Fayetteville (Washington County). He then became a U.S. Army …

Lizzie Dorman Fyler was an activist in Arkansas in the latter part of the nineteenth century. Although she died at the age of thirty-five, she had already made a mark as a leader in the temperance movement, and she laid the early foundation for the drive to achieve women’s suffrage in Arkansas. Eliza (Lizzie) Dorman was born on March 11, 1850, in Massachusetts to Dr. Uriah Dorman and Eliza Alma Dorman. She moved with her parents and her mother’s parents to Wisconsin in 1853. While little is known about her youth, she appears to have grown up and received her early education in Wisconsin before marrying Frank F. Fyler in 1870. The couple had a daughter in 1871, by which time …