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Entry Category: Law - Starting with H

Haynie, Gussie Faye

Gussie Haynie was one of Arkansas’s best-known woman lawyers in the late 1930s. She was pioneer in Arkansas in championing the rights of poor divorced women and destitute children. She was the first woman appointed a deputy prosecuting attorney and the first woman to hold an executive-level cabinet position in the state’s government, heading the Department of Public Welfare from 1937 to 1939. She sought to modernize the state’s welfare programs’ administration, including introducing civil service standards for personnel. She was abruptly removed from her position in 1939. Gussie Faye Haynie was born on June 13, 1901, in Pulaski County. (Her exact place of birth is not certain.) She was the older of two daughters of J. M. “Mike” Haynie …

Hays, Marion Steele

Steele Hays was a lawyer—and son of one of Arkansas’s most enduring and successful politicians—who spent the last fourteen years of his long legal career as a justice of the Arkansas Supreme Court. His father, Brooks Hays, a Democratic congressman from Arkansas, was renowned in the post–World War II years for his moderation in the struggle over racial segregation in the South. Steele Hays was more avowedly liberal on race and other issues, dissenting alone from upholding the death sentence on every such case that came before the Supreme Court. Marion Steele Hays was born on March 25, 1925, in Little Rock (Pulaski County), one of two children of Brooks Hays and Marion Prather Hays. He was named after his mother …

Hearn, May (Lynching of)

May Hearn, a young white man in his twenties and the son of a farmer in Luxora (Mississippi County), was lynched in Osceola (Mississippi County) on April 6, 1901, for shooting and killing Clyde King “at a place of bad repute” on the night of March 31, 1901. The Arkansas Democrat noted that Hearn was the son of J. R. Hearn, “one of the most respected farmers living in the neighborhood of Luxora” and a longtime magistrate of the town. May Hearn, however, played the role of the wayward son; as the Osceola Times wrote: “When sober, May Hearn is said to be quiet and peaceable, but when under the influence of Luxora whiskey, all the treachery and blood-thirstiness of …

Hellom (Lynching of)

In late September 1903, an African-American man named Hellom was hanged by a black mob in Mississippi County for allegedly assaulting two young girls. Census records for the year 1900 reveal that there were three black men in Mississippi County who might have been the victim of the mob. All lived in nearby households in Fletcher Township, and all had a similar surname. The first was Oscar Hullum, age twenty-five, who was working as a farm hand and boarding with Brady and Mary Randolph. The second was Will Hellum, age twenty-three, a farm worker who was living nearby with his wife, Lucy, and their son, Jonathan. Living with them was a brother-in law, Arthur Hullum, age twenty-two, and three other …

Helton, Kit (Execution of)

Kit Helton was hanged on March 7, 1902, for murdering his wife—the first of three executions conducted at Van Buren (Crawford County) in 1902. Kit Helton, fifty-five, was a farmer living with his wife Ella near Lancaster (Crawford County). Helton suspected his wife was having an affair with Justice of the Peace John O’Kelley. On September 28, 1901, Helton rode to O’Kelley’s house and paid him fifty cents he owed him over some business. Helton said, “That settles our fruit deal; I will also settle another score with you,” before pulling a pistol and shooting him in the abdomen. Initial reports said O’Kelley was killed, but he survived his wounds. Helton then rode home and called his wife out of …

Hembree, Lathe (Execution of)

Lathe Hembree was hanged on July 25, 1902, at Center Point (Howard County) for a murder he denied committing. He was one of six men executed on the same date in Arkansas. On March 1, 1900, W. M. Willis, an inspector and paymaster for the Hammond-Signor Tie Company, was found shot to death on the Pee Gee Road five miles south of Mena (Polk County). Circumstantial evidence led investigators to arrest Lathe Hembree, a white man, for the crime. He was tried in Mena and convicted of first-degree murder on March 17 after the jury deliberated “only one hour.” He was sentenced to hang on May 18. Hembree’s lawyers appealed the conviction, and the Arkansas Supreme Court delayed the execution, …

Hemingway, Wilson Edwin

Wilson E. Hemingway was an influential figure in Arkansas’s legal community in the later part of the nineteenth and early part of the twentieth century, including brief service on the Arkansas Supreme Court. As an attorney, judge, and corporate leader, he had a sizable impact on Little Rock (Pulaski County) and Arkansas politics, law, and business. Wilson Edwin Hemingway was born on January 4, 1854, in Carrollton, Mississippi, to William Hemingway and Sarah Wesley Jenkins Hemingway. He grew up in Mississippi and spent two years at the University of Mississippi before spending another two at the University of Georgia. He does not appear to have earned a degree from either school. Hemingway taught school from 1872 to 1873, while also …

Henley, Jesse Smith

Jesse Smith Henley presided over a number of desegregation cases but was most noted for reforming the state prison system and being the first federal judge in the country to declare an entire state penitentiary in violation of the Eighth Amendment. J. Smith Henley was born on May 18, 1917, in St. Joe (Searcy County) into a family of lawyers. He had an older brother named Ben and a sister named Wordna (or Wardna). Far from a model student, Henley never formally graduated from high school and seems to have been thrown out of college once. However, he did earn his law degree at the University of Arkansas School of Law in Fayetteville (Washington County) in 1941. He practiced law …

Hensen, Elias (Lynching of)

Elias Hensen was seized from a house and shot to death on March 12, 1879, in Clay County after testifying against a co-defendant in a horse-stealing case and preparing to testify against other members of his gang. The 1870 federal census lists Elias Hensen, born around 1852, as an illiterate farmhand working for Abraham Roberts in Randolph County’s Current River Township, and it indicates that he might have had a diminished mental capacity. By 1879, he apparently was working with the Montgomery Brothers gang and had earned a reputation as a “rather unsavory character in this neighborhood, and was accused of various thefts, horse-stealing among them,” according to the Clay County Courier. Hensen and an accomplice, Charley Jenkins, were arrested …

Henslee, Lee

Lee Henslee was the longest-serving superintendent of the Arkansas prison system. He was appointed head of the state penitentiary in 1949 by Governor Sid McMath and served in that position until 1963. Henslee received praise from Governor Orval Faubus, but he was superintendent in a time when abuse and corruption at the prisons were rampant. Lee Henslee was born on September 4, 1903, on a family farm five miles east of Pine Bluff (Jefferson County). He was one of three children born to Edward Anderson Henslee (1863–1949), a native of Mississippi, and Clara Belle Treadwell Henslee (1874–1963), a native of Arkansas. Lee Henslee grew up in Pine Bluff. He married Mississippi native Mary Alcorn (1902–1990) on August 22, 1924, in …

Herrig, William (Lynching of)

William Herrig, a white man described in news reports as “a well-to-do farmer 67 years old” was lynched in Clay County by vigilantes on December 29, 1887, for murdering his young wife and a man with whom she was apparently friendly. No William Herrig was living in Clay County by the time of the 1880s census, although other men of that name were living in various places in the United States at the time, all of them German immigrants. Herrig’s wife, whose maiden name was Julia Bennett (and who is also dubbed “Mrs. Nettie” in reports), was described as “a charmingly plump little 20-years-of-age wife” who “had been for the two years before her marriage an actress in the Pauline …

Hickman, Darrell David

Darrell David Hickman spent almost twenty-two years as a trial-court judge and justice of the Arkansas Supreme Court. Hickman, who grew up in Searcy (White County), was first elected chancery judge in a district that stretched to Little Rock (Pulaski County) and was elected twice to the Arkansas Supreme Court before retiring in 1990 to follow the seasons and travel from the Canadian Rockies to Mexico and back. He soon returned to Searcy and the town of Pangburn (White County), where he served two more stints as a chancery or circuit judge. Hickman had a propensity for issuing convulsive orders, such as when he declared the Constitutional Convention of 1975 unconstitutional, and for writing colorful opinions, such as when he …

Hicks, Robert (Lynching of)

In late November 1921, a young African-American man named Robert Hicks was lynched near Lake Village (Chicot County) for writing a letter to an eighteen-year-old white woman. While the identity of the woman remains a mystery, Hicks was probably the same Robert Hicks who was living with his mother, Minnie, in the household of his stepfather, Henry Singleton, in South Charlton Township of Chicot County in 1910. At that time, he was eight years old. In 1920, at eighteen, he was still in South Charlton Township working on a cotton farm owned by his uncle, Jessie E. Cooper. While newspaper reports put his age at twenty-three or twenty-five, the census information shows that he was only nineteen at the time …

Hilderbrand, Joe

As a fugitive from Arkansas justice in the 1960s, Joe Hilderbrand gained notoriety and even a measure of national acclaim by evading a horde of lawmen with airplanes and bloodhounds who chased him and a girlfriend through the wilds of the Ozark Mountains after he failed to return to Cummins Prison Farm from a furlough to visit his ailing father. It was one of the largest manhunts in Arkansas history. Legends accrued around the mountaineer—that he was innocent of any serious crime and a scapegoat for incompetent and embarrassed law enforcement agencies. Life magazine did a piece on Hilderbrand and the young woman, Frances Standridge, who helped him evade the posses. At least four ballads were written about Hilderbrand and …

Hill, Joseph Morrison

Joseph Morrison Hill was elected chief justice of the Arkansas Supreme Court in 1904, the first person to defeat a sitting justice after Arkansas began electing Supreme Court justices in 1864. Although he served less than five years before resigning, Hill enjoyed a long and eminent career as an attorney, winning major cases before the U.S. Supreme Court. He also was a founder of the state tuberculosis sanatorium at Booneville (Logan County), which became the largest treatment facility for tuberculosis in the nation, and was president of its board of trustees most of his life. He died there in 1950. Joseph Hill was born on September 2, 1864, at Davidson College in Mecklenburg County, North Carolina, the son of Daniel …

Hodges v. United States

Hodges v. United States, 203 U.S. 1 (1906) is a U.S. Supreme Court case resulting in the overturning of the convictions of three white men convicted in 1903 of conspiring to prevent a group of African-American workers from holding jobs in a lumber mill in Whitehall (Poinsett County), a small town in northeastern Arkansas. It was overruled by another Supreme Court decision in 1968, but the decision in Hodges represented an important step in the evolving judicial interpretation of the constitutional amendments passed in the aftermath of the Civil War. The Court’s decision imposed a strict limitation on the application of the Thirteenth Amendment to the U.S. Constitution (which abolished slavery and involuntary servitude, except as punishment for a crime), as well …

Hogan, John (Lynching of)

On June 28, 1875, an African American named John Hogan was lynched near Russellville (Pope County) for allegedly attempting to assault one of Russ Tucker’s daughters. Public records provide some information about the lynching victim. The 1870 census (five years before the incident) lists a twelve-year-old African American named John Hogan, who was living on the farm of a twenty-two-year-old white man named Reece B. Hogans. Hogans had a wife, Josephine, and a two-year-old daughter. Also living on the farm was another black laborer, fifteen-year-old Rose Hogan, who may have been John Hogan’s sister. If this is the correct John Hogan, he would have been only seventeen when he was lynched. Russ Tucker was probably David Russell Tucker, who in …

Holland, Jim (Lynching of)

On Saturday, November 26, 1881, Jim Holland, a white man, was lynched in Dardanelle (Yell County) for the crime of murder. Jim Holland, along with William Casey and Charles G. Helphrey, were accused of having murdered a cotton buyer, Burgess James, near Dardanelle in the fall of 1878. They were eventually captured and placed in the jail at Ozark (Franklin County) to protect them from a lynch mob. However, on July 18, 1881, Holland and his accomplices were able to escape from the jail; either their guard, Jim Hill, was careless or they may have drugged him. Holland and Casey were later recaptured in Polk County, Tennessee, having been trailed there by a Yell County lawman named Captain Poole. Holland …

Hollingsworth, Perlesta Arthur “Les”

Perlesta Arthur “Les” Hollingsworth was a lawyer whose battle for equal justice for African Americans took him through the trial courts as a civil rights litigator, into municipal politics, and eventually to the state’s highest court, where he served for fourteen months as a justice in 1983 and 1984. He was the second Black member elected to the Little Rock (Pulaski County) city board of directors and the third African American to be appointed justice of the Arkansas Supreme Court. Les Hollingsworth was born on April 12, 1936, in Little Rock to Perlesta Gomez Hollingsworth, who was a soldier, and Eartha Mae Frampton, a schoolteacher in Sherwood (Pulaski County). His father spent part of his life in a veterans’ home …

Holt v. Sarver

In the landmark Arkansas case Holt v. Sarver, inmates of the racially segregated Cummins Farm and Tucker Intermediate Reformatory units of the Arkansas prison system brought suit against the commissioner of corrections, Robert Sarver, and the Arkansas Board of Corrections, challenging their conditions of confinement. The case was heard in the United States District Court for the Eastern District of Arkansas, Pine Bluff Division, before Chief Judge J. Smith Henley. Holt v. Sarver was a turning point in the history of court intervention in the management of American prisons. The decision marked the end of the “hands-off” era of the federal judiciary toward prisoners and the beginning of an era of prisoners’ rights. Holt v. Sarver, which inspired the 1980 film …

Holt, Elias (Lynching of)

Elias Holt was murdered in Mississippi County by a gang of disguised men on January 25, 1872, after an accused horse thief implicated him as a conspirator in the crime. Elias Holt, a Kentucky native, was listed in the 1870 census as a twenty-nine-year-old farmer living with his wife, Martha, age nineteen, in Mississippi County’s Big Lake Township. In early 1872, a young man named Jones was arrested and charged with horse theft. During his initial questioning, Jones claimed that Holt had recruited him to steal the horse (with plans to steal another himself), meet him in Jacksonport (Jackson County), and then ride to Texas to get rid of the stolen animals. Jones’s statement, which the Osceola Times decried as …

Holt, J. Seaborn

James Seaborn Holt was a lawyer who spent fifty years in private and government practice, the final twenty-three as a justice of the Arkansas Supreme Court. He was a member of a prominent family from Boone County that provided three generations of leaders of the Arkansas bar, including three Supreme Court justices and three attorneys general. J. Seaborn Holt, as he was known, was born on November 17, 1884, in Bellefonte (Boone County), a tiny community southeast of Harrison (Boone County), to Joseph Rutherford Holt and Paralee Elizabeth Coffman Holt. His father was a farmer who grew corn, wheat, and oats, and raised cattle. He thought banking would be a good career for the boy and got him a job …

Holt, Jack Wilson, Jr.

Jack Wilson Holt Jr. was chief justice of the Arkansas Supreme Court for ten years, and his landmark lawsuit against the Arkansas penitentiary caused the entire Arkansas prison system to be declared unconstitutional in 1970, triggering judicially inspired prison reforms in many states. Jack Holt Jr. was born Samuel Wilson Holt on May 18, 1929, in Harrison (Boone County) to Jack Wilson Holt Sr. and Margaret Spikes Holt; he had a younger sister. He insisted that his parents change his name to Jack because children teased him that he had a girl’s name, Sammie. In 1928, his father was elected prosecuting attorney and, in 1934, circuit judge for the Fourteenth Circuit. His father was elected attorney general in 1936, and …

Holt, Jack Wilson, Sr.

Jack Wilson Holt Sr. was an eminent Arkansas politician for two decades in the mid-twentieth century. He was attorney general for three terms before World War II but lost three bitter races for governor and U.S. senator to the dominant politicians of the postwar era—John L. McClellan, Sid McMath, and Francis Cherry. Jack Holt, one of eleven children of Bud and Adeline Holt, was born on February 7, 1903, on his family’s farm along Crooked Creek north of Harrison (Boone County). He entered the first grade at a one-room school at Walnut Grove and graduated from Harrison High School, where he was a basketball and track star. He often rode a pony into town to attend high school. Holt received …

Holt, Joseph Frank

J. Frank Holt was a major figure in Arkansas legal and political circles in the 1950s and 1960s. He served in numerous public offices, including two terms on the Arkansas Supreme Court. Joseph Franklin Holt was born on October 22, 1910, in Harrison (Boone County). One of eleven children of Noah Calvin “Bud” Holt and Malicia Adeline Moore Holt, he grew up in Harrison, where he sold newspapers and worked in a garage while in high school before attending the University of Arkansas (UA) in Fayetteville (Washington County). He had to drop out of college and return home due to the Great Depression. He worked a variety of jobs, including selling insurance, teaching in the Cotter (Baxter County) school district, …

Homestead Act of 1862

The Homestead Act of 1862 was a federal statute that regulated most federal transfers of land to Arkansans after the Civil War. It required two things of homesteaders: settlement and cultivation. In other words, homesteaders had to live on and farm their land, and, in exchange, they received land at a very low cost. These land transfers comprised more than eight million Arkansas acres, nearly a quarter of the state’s land, for nearly 75,000 applicants. Just about half (4,037,291 acres of 8,133,791 acres) was transferred in the twentieth century. As the railroads made more of Arkansas accessible, more and more Arkansans homesteaded land. In contrast to the Southern Homestead Act—which was in force during the Reconstruction years only from 1866 …

Hoofman, Clifton Howard (Cliff)

Clifton Howard (Cliff) Hoofman, who was reared by grandparents on tenant farms in White County, became a lawyer and politician and held constitutional offices in all three branches of state government. He served in the Arkansas House of Representatives for eight years, the Arkansas Senate for twenty years, four years as a state highway commissioner, and two years on the Arkansas Supreme Court; he also had two separate sojourns of two years each on the Arkansas Court of Appeals. As a close friend and ally of two governors, Bill Clinton and Mike Beebe, Hoofman was instrumental in passing much of the major legislation enacted during their combined twenty years in the governor’s office. Cliff Hoofman was born on June 23, …

Hopkins v. Jegley

Hopkins v. Jegley is an ongoing legal challenge to four abortion restrictions passed by the Arkansas state legislature in 2017. Unless Roe v. Wade (1973) is overturned before the case is settled, women’s abilities to continue to exercise their right to access legal abortion in Arkansas likely depend on the outcome of this case. Since the U.S. Supreme Court’s ruling in Roe, opponents of the legal right to abortion have pursued legislation aimed at restricting access to the procedure. As these efforts have escalated since 2011, states have enacted more than 450 new abortion restrictions, which disproportionally impact the lives of young people, people with low incomes, and minorities. Anti-choice state lawmakers support measures that are designed to ban specific …