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Ellison, Clyde (Lynching of)

On June 13, 1919, Clyde Ellison was lynched at Star City (Lincoln County) for allegedly assaulting the daughter of a local farmer. Little is known about Clyde Ellison’s background. When he registered for the World War I draft on October 25, 1918, he was living in Florence (Drew County) and working for farmer Ernest Lytle. He was unable to give his date of birth and listed no close relatives. By June 1919, Ellison was living near Star City. According to an article in the Arkansas Gazette, it was alleged that he attempted to assault eighteen-year-old Iselle Bennett, who lived three miles from Star City. She was alone at the family home; her parents were out, and all of the hands …

Ellison, Eugene (Killing of)

The 2010 “police-involved shooting” death of Eugene Ellison in his own apartment in Little Rock (Pulaski County) became a local touchstone for a growing movement for police reform, one that picked up steam with the emergence of Black Lives Matter in 2013. The killing resulted in the largest police shooting victims’ compensation in the history of Arkansas at the time. On December 9, 2010, across the street from the University of Arkansas at Little Rock, off-duty Little Rock Police Department (LRPD) officer Donna Lesher fatally shot unarmed sixty-seven-year-old Eugene Ellison, an African-American man, during her evening patrol as a security guard. Lesher had confronted Ellison because of his open front door and asked Ellison if he was okay. Ellison, who …

Eminent Domain

The Arkansas and U.S. Constitutions permit the process of eminent domain, which is the taking of private property for public purposes as long as there is just compensation paid to the owner, legal authorization for the taking, and an observance of procedural due process. Eminent domain can be used to obtain property for public purposes such as improvement districts, electric power lines, natural-gas pipelines, irrigation and drainage companies, cemeteries, roadways, bridges, dams, and state colleges and universities. Interpretation of the term “public purpose” has produced much of the case law on eminent domain, including Pfeifer v. City of Little Rock, a 2001 Arkansas case, and Kelo v. City of New London, Connecticut, a 2005 U.S. Supreme Court case; these cases …

Emmet Lynching of 1891

On Saturday, December 12, 1891, an “unknown tramp,” apparently a white man, was hanged at Emmet (Nevada and Hempstead Counties) for having allegedly attempted to rape a schoolgirl named Bettie McGough. According to a report in the Arkansas Gazette, on Tuesday, December 8, McGough and schoolmate Hattie McFarland, after the dismissal of school for the day, started to make their way to the home of a Mrs. Rosenberry, where they planned to spend the night. The road to Mrs. Rosenberry’s house led through a wooded area, and “when the young ladies reached the thickest part of the timber,” they found that a “dirty tramp” had been following them. The two girls fled in separate directions, but McGough “became entangled in …

Emory, Cal (Lynching of)

Cal Emory was lynched in Dover (Pope County) on June 13, 1881, after his sentence of death was commuted to twenty-one years in the state penitentiary. Cal Emory’s name is rendered a number of different ways in newspaper reports. Some give his last name as Embry or Emery, while others have the first name “Cal” being an abbreviation of either Calhoun or Charles. The 1880 federal census records Cal Emory, age twenty-eight, residing at the time in nearby Ozark (Franklin County) as a prisoner, and the June 9, 1881, Russellville Democrat reported that he was a resident of Franklin County. According to the Arkansas Gazette account of his lynching, Emory “and a partner first raped and then murdered the woman …

England, Albert (Lynching of)

Albert England, a white man, was lynched on the night of November 2–3, 1895, near Vilonia (Faulkner County). After being arrested and charged with burglary, he was taken from custody and murdered. Some at the time believed that the mob was composed of fellow criminals intent upon silencing England and protecting themselves from exposure. The exact identity of Albert England is difficult to determine. There was an Albert England reported on the 1880 census as twenty-six years old and from Lonoke County; however, there is a brief line in the November 28, 1895, Arkansas Gazette noting that an Albert England who was resident at the state asylum (now the Arkansas State Hospital) had died, and his body was being shipped …

English, Elbert Hartwell

Elbert Hartwell English was one of the most important jurists in Arkansas across a crucial period of legal development and turmoil in the state, including the eras of the Civil War and Reconstruction. In addition to his years of private practice, English served as chief justice of the Arkansas Supreme Court for a total of twenty years, one of only four chief justices to have served over twelve years in the role. E. H. English was born on March 6, 1816, to James English, who was a planter, and Nancy McCracken English in Madison County, Alabama. The family moved to Limestone County, Alabama, and eventually included ten children. English was educated in local schools and through private tutelage. He lived …

Enon Massacre

A shootout on the night of September 16, 1922, in Enon (Boone County), a sprawling, unincorporated area located east of Omaha (Boone County), left four people dead. The event known as the Enon Massacre sparked a running feud for generations to come. Although some have suggested that the Enon Massacre was the result of two groups of bootleggers in Boone County fighting over territory, most believe that the murders stemmed more from a long-running feud between various families in the area. The events that led to this gun battle started when twenty-nine-year-old Ebenezer (Eb) Badley (referred to in some newspaper accounts as “Ed Dadley”) rode to a dance near his home in Enon with his best friend, twenty-two-year-old Henry Blevins, …

Epperson v. Arkansas

Epperson v. Arkansas, a case argued before the U.S. Supreme Court, challenged the right of a state to outlaw the teaching of evolution in public schools. On November 12, 1968, the Supreme Court ruled that Arkansas’s Initiated Act Number 1, an antievolution law approved by Arkansas voters in 1928, violated the establishment clause of the First Amendment and was therefore unconstitutional, thus setting a legal trend for the nation as a whole. The antievolution movement in Arkansas came into its own just as it was declining nationwide. The 1925 Scopes “Monkey” Trial made fundamentalist groups objects of ridicule and thus sent them retreating from the cultural and political mainstream. In January 1927, however, state Representative Astor L. Rotenberry of Pulaski …

Equal Rights Amendment (ERA)

The Equal Rights Amendment (ERA) is a proposed Amendment to the U.S. Constitution that would guarantee equal rights for women. Sent to the states in the spring of 1972, it fell short of the required ratification by three-quarters—thirty-eight—of the states. Arkansas was one of the fifteen states that did not ratify the amendment by the deadline established in the congressional directive sending the amendment to the states. However, it has periodically become the object of renewed efforts at ratification. The amendment, which was passed by both houses of the U.S. Congress in 1972 and then sent on to the states for ratification, states: Section 1: Equality of rights under the law shall not be denied or abridged by the United …

Erwin, Judson Landers, Jr.

Judson Landers (J. L.) Erwin Jr. served as the county judge of Desha County from 1947 to his death in 1968. He was never opposed for reelection. During his time in the position, he was a strong supporter of libraries and brought many improvements to the county. J. L. Erwin was born on August 11, 1909, in McGehee (Desha County), son of Judson L. Erwin Sr., who was a railroad engineer, and Batie Rhodes Erwin. He had three younger sisters, one of whom died in childhood. His father died when Erwin was seventeen. The family got by with only his after-school earnings and money from renting out rooms in the house; this experience shaped the lifelong frugal financial policies by …

Eskridge, Thomas P.

Thomas P. Eskridge was a judge on the Superior Court of Arkansas Territory, which eventually became the Arkansas Supreme Court. Though he left the spotlight to others, he played a substantive role in the development of the Arkansas court system. While there is little documentation on his early life, it appears that Thomas Eskridge was born around 1797 to William Eskridge and Elizabeth Scott Eskridge in Staunton, Virginia. He came from a large family with possibly as many as ten children. It is believed that he received his legal training serving as a clerk for a Virginia lawyer. He moved to Arkansas in 1820 or 1821, just as the Arkansas Territory was developing and its judiciary was taking shape. Eskridge …

Evans, Timothy C.

Timothy C. Evans of Hot Springs (Garland County) was the first African American to be elected as chief judge of the Cook County Circuit Court of Illinois. He was inducted into the Arkansas Black Hall of Fame in 2010. Timothy Evans was born on June 1, 1943, in Hot Springs, to George Evans and Tiny Marie Evans. His father would later become a bailiff for the Illinois State Supreme Court, a position he held for twenty-seven years. Evans has two siblings: George W. Evans and Sandra M. Johnson. As a child in Hot Springs, Evans wanted to be a doctor. The family moved to Chicago, Illinois, shortly after Governor Orval Faubus closed Little Rock (Pulaski County) public schools to impede …

Executions of April 2017

The State of Arkansas announced plans to carry out a total of eight executions over a eleven-day period in April 2017. Originally planned as four double executions scheduled for April 17, 20, 24, and 27, ultimately only four executions were carried out, including a double execution. On February 27, 2017, Governor Asa Hutchinson announced that eight men would be executed in April. The men scheduled to die were Don Davis and Bruce Earl Ward, scheduled to be executed on April 17; Ledell Lee and Stacey Johnson on April 20; Marcell Williams and Jack Jones Jr. on April 24; and Jason McGehee and Kenneth Williams on April 27. The execution protocol for the state utilized a three-drug cocktail consisting of Midazolam, …

Fairchild, Barry Lee (Trial and Execution of)

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 …

Fairchild, Hulbert Fellows

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 …

Farmer, John (Lynching of)

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 …

Farrar, Clayton Ponder (Clay), Jr.

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 …

Featherstone v. Cate

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, …

Feild, William Hume “Rush” Sr.

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 …

Fendler, Oscar

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 …

Feuds

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 …

Filmore, Isaac (Execution of)

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 …

Finney v. Hutto

aka: Hutto v. Finney
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 …

Fleming, Sam (Lynching of)

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 …

Fleming, Victor Anson (Vic)

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 …

Flemming, Owen (Lynching of)

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 …

Flowers, William Harold

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 …

Flynn-Doran War

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 …

Fogleman, John Albert

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 …