Entry Category: Law

J. R. Poisson v. Etienne d’Avril

J. R. Poisson v. Etienne d’Avril is a purported opinion of the Arkansas Supreme Court that was published as an April Fool’s Day joke by Associate Justice George Rose Smith on April 1, 1968. In the opinion, he declares that a fictional Arkansas statute (the “Omnibus Repealer”) abrogates all statutory law in Arkansas but does not affect the common law. George Rose Smith was known for his wry sense of humor. He was a grandson of Uriah Rose, the founder of the Rose Law Firm in Little Rock (Pulaski County), and served as a partner in the firm until his election to the Arkansas Supreme Court in 1948. He holds the record as the longest-serving justice in the history of …

Jackson v. Hobbs

In Jackson v. Hobbs, the U.S. Supreme Court held that the Eighth Amendment to the U.S. Constitution forbids mandatory life imprisonment without parole sentences for children. Kuntrell Jackson—convicted of capital murder based on events that occurred when he was fourteen years old—was granted resentencing in which his youth could be taken into account. Jackson was ultimately resentenced to twenty years imprisonment and was released from prison on parole in 2017. Dozens of other juvenile offenders have been similarly resentenced based on this case. On November 18, 1999, Jackson was walking with two other juveniles—fourteen-year-old Derrick Shields and fifteen-year-old Travis Booker—through the Chickasaw Courts housing project in Blytheville (Mississippi County) and began discussing the idea of robbing a local video store. …

Jackson, Boge (Execution of)

Boge Jackson was an African American man hanged at Hamburg (Ashley County) on November 18, 1881, for the shotgun slaying of an elderly Black man the previous year. Boge Jackson and Reuben Jordan initially argued over the placement of a boundary fence sometime in 1880; Jackson threatened Jordan, who apparently ignored him. Jackson and his friend Henry Hill went to a dance on Bayou Bartholomew near Jordan’s house sometime later, and the older man accused Jackson of stealing whiskey from him. They would quarrel again a few days later. “Soon after this old Jordan was found dead in the road,” the Arkansas Democrat reported. “Suspicion pointed unerringly to Jackson and Hill as the authors of the foul crime.” Authorities soon …

Jackson, Goodwin (Execution of)

On May 22, 1885, an African American man named Goodwin Jackson was executed in Clarendon (Monroe County) for the murder of another African American, Sandy Redmon, in November 1884. Jackson and Redmond both appear in Monroe County census records. In 1870, an illiterate “mulatto” man named Goodwin Jackson, age twenty-two, was living near Indian Bay in Jackson Township of Monroe County with his wife, Charity. He was still there in 1880, and by that time, he and Charity had four children. Newspaper reports were not kind to him. The Arkansas Gazette noted that he “had the appearance of not being very intelligent,” while the Memphis Daily Appeal referred to him as “a bad negro,” noting that he had “attempted to …

Jackson, Henry (Lynching of)

On October 4, 1877, an African-American man named Henry Jackson was shot by a masked mob near Watson (Desha County) for allegedly murdering a justice of the peace referred to only as Mr. O’Neil. However, the circumstances of the event speak to the broader efforts in post-Reconstruction Arkansas to remove black elected officials from office. While it is impossible to identify O’Neil, there were two African Americans named Henry Jackson living in Desha County in 1870. The first was a twenty-nine-year-old farmer living in Red Fork Township who had personal property worth $500 and real estate valued at $250. The second was a twenty-seven-year-old farmer who was living in Jefferson Township and had personal property worth $125 and real estate …

James, Henry (Lynching of)

On May 14, 1892, Henry James was lynched in Little Rock (Pulaski County) for an alleged assault on five-year-old Maggie Doxey. According to the Arkansas Gazette, it was the first time in twenty years that “Little Rock [had] witnessed a mob or an attempt at enforcing mob law in this city.” James, described in some newspapers as a twenty-two-year-old “mulatto,” was originally from Augusta, Maine, but had moved south three years earlier. He worked for a time as a waiter in Hot Springs (Garland County), but for the two weeks prior to his murder, he had been working for the family of Charles Johnson in Little Rock. According to the Arkansas Gazette, the family found him to be “a faithful …

Jameson, Jordan (Lynching of)

Jordan Jameson, an African-American man, was burned to death on November 11, 1919, on the town square in Magnolia (Columbia County) for having allegedly murdered the local sheriff. Only a handful of lynchings in Arkansas were carried out by means of burning the victim while alive, most notably the 1892 lynching of Ed Coy in Texarkana (Miller County), the 1919 lynching of Frank Livingston near El Dorado (Union County), and the 1921 lynching of Henry Lowery in Mississippi County. At the time of the lynching, Jameson was described in newspaper reports as fifty years old and living four miles west of Magnolia. The 1880 census records a Jourdan Jameson, born about 1872 and living in Magnolia at the time, while …

Jefferies, Oscar (Lynching of)

In 1887, a black teacher named Oscar Jefferies from Brownstown (Sevier County) was shot to death by a group of men because he eloped with Ina W. Jones, the daughter of a wealthy white farmer. According to newspaper accounts, Oscar Jefferies, “a fine looking colored man,” arrived in Brownstown from Oswego, New York, in June 1887 to take over the “colored academy.” After his arrival, he paid considerable attention to Ina Jones, who was described as the daughter of “one of the largest plantation owners in the counties.” She welcomed his attentions, and despite her parents’ threats, in late September, she told her friends that she was going to marry Jefferies the following Sunday, October 2. When her parents heard …

Jefferson County Lynching of August 1897

Even when they appear in newspapers across the United States, some accounts of lynchings are so brief that it is difficult to uncover details or even confirm the events. Such is the case of an African American man whose body was supposedly found hanging from a trot line in the Arkansas River near Rob Roy (Jefferson County) in 1897. While the Arkansas Gazette, in an article datelined September 1, reported that the body was discovered on August 31, other sources give the date as September 1 or September 2. Due to the fact that there was a rope around the man’s neck and he had several gashes in his head, reports speculated that he had been lynched and then thrown …

Jefferson County Lynching of December 1897

In late December 1897, an unidentified African American man was found dead and reportedly lynched in a field between Altheimer (Jefferson County) and Sherrill (Jefferson County). Although some sources indicate that the supposed lynching happened in early January, the Pine Bluff Daily Graphic reported on December 30 that he had been killed on Wednesday, December 29. According to their account, the man had formerly been tried for hog stealing, “but each time, by some means, he was acquitted.” Speculation was that the man was found with another stolen hog and “parties…exasperated at the repeated defeats of justice…shot him.” On January 3, 1898, the Moline Dispatch, which erroneously noted that Sherrill was in Cleveland County, published more details on the killing. …

Jeffords, Edd

Edd Jeffords was one of the most visible figures in the Arkansas counter-culture movement centered in Eureka Springs (Carroll County) during the 1970s. In addition to organizing—along with Bill O’Neill and a host of others—the Ozark Mountain Folk Fair in 1973, Jeffords founded the Ozark Access Catalog, organized the Conference on Ozark In-Migration, and created the Ozark Institute (OI). Edd Jeffords was born in Rector (Clay County) on November 28, 1945, to Roy and Sylvia Jeffords; he had three sisters and one brother. After his father died and his mother fell into poor health, Jeffords moved to Washington State, where he graduated from high school in 1963. From 1963 to 1967, Jeffords served in the U.S. Air Force, working in …

Jegley v. Picado

Larry Jegley v. Elena Picado, et al. was a 2002 decision by the Arkansas Supreme Court that struck down Arkansas’s sodomy law, which criminalized homosexual behavior. It was the first time that the Supreme Court removed a legal prohibition against homosexual relationships, and the decision was cited many times the next dozen years by state and federal courts in several states that invalidated such laws. Sodomy laws preceded American independence. The colonies criminalized homosexual acts, which were often death-penalty offenses. Sodomy was a felony in every state until 1962, when states began to liberalize the laws. In 1975, Arkansas attorney general Jim Guy Tucker submitted a lengthy bill to the Arkansas General Assembly that overhauled and recodified the state’s criminal laws. The …

Jenkins, Buck (Lynching of)

Francis M. “Buck” Jenkins was a horse thief who was lynched on or around December 16, 1878, at Corning (Clay County). The 1870 federal census shows that fourteen-year-old Francis M. Jenkins and his twelve-year-old brother Charles C. Jenkins lived in Jefferson County, Illinois, with their mother Sarah, thirty-five, and sister Martha, sixteen. At some point during that decade, the Jenkins brothers became part of a gang of horse thieves that operated in northeastern Arkansas and that included Milt and Bud Montgomery and Elias Hensen. “Buck” Jenkins, who had lost an arm, was detained in Jefferson County, Illinois, by local officers in early December 1878 after a $50 reward was offered for his arrest. He was returned to Clay County on …

Jenkins, S. A. (Lynching of)

In the White County town of West Point in May 1900, whitecappers (also called nightriders) murdered a black schoolteacher named S. A. Jenkins. While this event was described in state newspaper accounts most often as an example of whitecapping, Jenkins’s murder is also typically included in tabulations of lynching victims in America. According to news reports, two different businesses had been robbed in West Point on the night of Saturday, May 19, 1900. Apparently, Jenkins was suspected, as was another man named only Durham in reports. The name S. A. Jenkins does not match any local census data for the year 1900, and so determining his exact identity is difficult. On the night of May 20, 1900, as the Arkansas …

Jesson, Bradley Dean

Bradley Dean Jesson was a lawyer and political activist who became chief justice of the Arkansas Supreme Court. In the historic school-funding case Lake View School District No. 25 v. Huckabee, Jesson played a pivotal role in settling the long legal battle to reform the funding and supervision of Arkansas public schools so that they served all children equally and adequately. Jesson, who practiced law at Fort Smith (Sebastian County) and who was known for his dignified and courteous manner as well as for his legal scholarship, first came to prominence as a confidant and adviser for Governor Dale Bumpers. Bradley D. Jesson was born on January 26, 1932, in Bartlesville, Oklahoma, the son of Dean Abraham Jesson, who was …

Jetton, White (Lynching of)

In late December 1904, an African-American teenager named White Jetton was hanged near Spring Hill (Hempstead County) for allegedly attacking a white farmer named Nobbs. A search of public records revealed no information about either Jetton or Nobbs. A report in the Arkansas Gazette on January 3, 1905, said only that the lynching occurred “several days ago.” The report indicates that two African Americans, one of whom was Jetton, attacked a farmer named Nobbs near Spring Hill, ten miles south of Hope (Hempstead County), in a dispute over money they maintained Nobbs owed them. Jetton was described as being “less than 18 years of age.” According to the Gazette, Nobbs was wounded in the face and head, but not seriously. …

Jim Crow Laws

Jim Crow laws were statutes passed in most of the Southern states between the 1880s and 1960s that separated the races and created a segregated society. Exactly why these laws were implemented at this time is unclear, although scholars believe that they may have been a response to the breakdown of traditional barriers between black and white people in the post-Reconstruction era. This breakdown was made possible by expansion of the South’s railroads, development of urban areas and industrial workplaces, and the progress African Americans made economically during this period. Whatever the reason for the timing of their passage, these laws reflected prevalent anti-black racism and the views of contemporary whites, who asserted that African Americans represented an inferior and …

Jim DuPree v. Alma School District No. 30

Jim DuPree et al. v. Alma School District No. 30 et al. was a lawsuit that triggered twenty-five years of litigation and legislation to raise the quality of and increase funding for public education in Arkansas. The Arkansas Supreme Court ruled on the suit on May 31, 1983, concluding that the state government had consistently failed to provide the money and programs that would guarantee a suitable education for all children in Arkansas regardless of where they lived. The decision was the springboard that Governor Bill Clinton used that fall to push a raft of education reforms—including higher taxes—through the Arkansas General Assembly and the state Board of Education. A decade later, the issues were revived by a succession of …

Jimerson, Aaron (Lynching of)

On August 8, 1917, an African-American man named Aaron Jimerson was lynched at Foreman (Little River County) for an alleged attack on a local constable. Jimerson, who was born in 1887, married eighteen-year-old Virginia Hooks at Foreman in 1914. According to the Arkansas Democrat, Constable Sam Anderson arrested Jimerson on August 8 for shooting at another African American. As Anderson was opening the jail door to put Jimerson into a cell, Jimerson grabbed him and stole his pistol. Anderson retrieved the gun, but before he could use it, Jimerson hit him with a wooden stick. Jimerson then escaped but was soon recaptured by a posse led by Sheriff W. D. Waldron. He was placed in jail, but a mob broke …

Johnson (Lynching of)

On August 19, 1876, a white man named Johnson was lynched in Clarendon (Monroe County) for allegedly having murdered two people. According to an account from the Arkansas Gazette, Johnson had been arrested “for the murder of Parks and Young a short time ago” and placed into the jail at Clarendon. On the night of Saturday, August 19, 1876, “a band of masked men” took Johnson from the jail at Clarendon. Apparently at the urging of this mob, Johnson “confessed to the killing, and exonerated from all participation his accomplice, Mobley.” He went on to confessing “to having killed in Georgia a negro family, consisting of man, wife and three children, and then to having set fire to the house …

Johnson County Executions of 1883

Four men were hanged together on June 22, 1883, in Clarksville (Johnson County) for a botched train robbery in which the train conductor was shot to death. Thirty-six-year-old Gove Johnson, a Civil War veteran who had served in the Union army’s Ninth Kentucky Infantry Regiment, plotted to rob a Little Rock and Fort Smith Railroad train, planning to “stop the train, terrify the passengers, and rob the express car, in which they had learned there was to be a large amount of money.” He recruited his teenage cousin James Johnson, along with twenty-eight-year-old James Herndon and thirty-three-year-old Monroe McDonald, to participate in the crime. As the time for the robbery neared, though, Herndon and McDonald had second thoughts but stayed …

Johnson v. State (1942)

Six months before the United States went to war with Japan and Germany in 1941, but as war hysteria was building, Joseph Paschall (Joe) Johnson, a farmer with eight children in the St. Joe (Searcy County) community, went to the county courthouse at Marshall (Searcy County) to get food relief for his family. He refused the county welfare commissioner’s demand that he salute the American flag in the commodities office because doing so would violate his Christian beliefs about swearing fealty only to God. He was denied commodities, arrested, and convicted of violating a 1919 state law prohibiting desecration of the flag. In the case of Johnson v. State of Arkansas (204 Ark. 476), the Arkansas Supreme Court upheld his …

Johnson, Anthony “Andy” (Execution of)

Anthony “Andy” Johnson, an African American man described as a “desperado,” was hanged at Dumas (Desha County) on June 21, 1895, for murdering his wife’s lover in Pine Bluff (Jefferson County). The 1880 federal census shows laborer Andy Johnson, age twenty-eight, living in Pine Bluff with his wife Rose, twenty-seven, and their three daughters. Laborer Howard Johnson, twenty-five, also lived in Pine Bluff with his wife Mattie, twenty-three, and their three children. Andy Johnson was enslaved by Joseph William Bocage of Pine Bluff but after the Civil War became deeply involved in local Reconstruction politics. Although he was described as “quarrelsome, loud-mouthed and uneducated” and “a desperado…universally feared by his race,” he was elected as the bonded constable of Jefferson …