Law

Subcategories:
Clear

Entry Category: Law - Starting with M

McKee, William (Execution of)

William F. McKee was executed on May 26, 1837, for the murder of his brother’s brother-in-law, though he continually proclaimed his innocence, blaming his brother for the crime. Buford P. Scott was shot in the back on December 24, 1836, near his father’s home about twelve miles from Little Rock (Pulaski County), the fatal bullet entering his back to the left of his spinal column and exiting his chest. Two brothers, William and Alexander McKee, were arrested the next day and charged with Scott’s murder. At their trial on April 13, 1837, a parade of witnesses testified that William McKee had a history of conflict with Scott, whose sister Catherine was married to Alexander McKee, with several recounting threats William McKee …

McLean v. Arkansas Board of Education

The 1981–82 federal court case McLean v. Arkansas Board of Education constituted a challenge to the state’s Act 590, which mandated the equal treatment of creation science in classrooms where evolution was taught. On January 5, 1982, U.S. District Court Judge William R. Overton ruled Act 590 unconstitutional in light of the establishment clause of the First Amendment. His determination that creationism constituted a religious doctrine rather than a scientific theory had a profound impact on the nation, the ramifications of which are still being felt today. The draft of the model act which eventually became Act 590 originated in an Anderson, South Carolina, organization called Citizens for Fairness in Education. Its founder, Paul Ellwanger, working from a model prepared …

McLendon, Will (Reported Lynching of)

In many cases, newspapers across the country published reports on lynchings, which were then listed in books and other resources. In some cases, even though subsequent reports indicated that the lynching had not happened, initial accounts were not corrected. Such was the case with an African American man, Will McLendon of Woodruff County, who was reportedly lynched in August 1893. In his 1993 dissertation, citing an August 6 report in the Memphis Appeal Avalanche, historian Richard Buckelew commented on this presumed lynching, which he dated at August 5. In her 1894 book A Red Record, Ida Wells Barnett gave the date of the lynching as August 9. It seems, however, that McLendon actually died in jail in Newport (Jackson County) …

McMath, Phillip Hal

Phillip Hal McMath is a Little Rock (Pulaski County) trial attorney, an award-winning writer, a Marine Corps Vietnam War veteran, and an ardent advocate for preserving and promoting Arkansas literature and history. McMath has published four novels and numerous short stories and articles, along with producing two plays. His book Lost Kingdoms was the winner of the Arkansiana Fiction Award in 2009, while The Broken Vase received the Booker Worthen Prize in 2011 . McMath established the Porter Prize in 1984, which has made a significant contribution to literature in Arkansas. Phillip McMath was born in Memphis, Tennessee, to Sidney Sanders McMath and Anne Phillips McMath on December 25, 1945; he has two brothers and two sisters. In 1948, McMath’s father was elected …

McMath, Sid

aka: Sidney Sanders McMath
Sidney Sanders McMath—who became a prosecuting attorney, decorated U.S. Marine officer, and governor—rose to national attention by prosecuting Hot Springs (Garland County) mayor Leo McLaughlin, and he used that exposure to launch a campaign for governor. He was a close political friend to President Harry Truman and a dedicated foe to the Dixiecrat movement that tried to control the Democratic Party in the South in the 1948 presidential campaign. Sid McMath was born on June 14, 1912, to Hal Pierce McMath and Nettie Belle Sanders McMath in Columbia County. McMath’s father inherited the family farm when his father, the county sheriff, died in a shootout with bootleggers. McMath’s father had a restless spirit and gave up the farm before McMath was …

McNeil, Sharpe (Lynching of)

According to the Arkansas Gazette’s coverage of the affair, on the night of January 18, 1881, a mob of about 100 men assembled at the jail in Star City (Lincoln County) for the purposes of lynching a white man named Sharpe McNeil, who had been charged with the murder of Dr. E. U. G. Anderson. The mob “surprised the jailor, put him under arrest, and proceeded to the jail, where they forced open the doors and took out the man.” The mob took McNeil “to the outskirts of the town, where he was found riddled with bullets.” The brief report in the January 20, 1881, Gazette ends by noting: “The people of Star City are much excited over the affair.” …

McWhorter, Dave (Execution of)

Dave McWhorter was hanged on July 25, 1902, for murdering his wife. His was the second of three executions conducted at Van Buren (Crawford County) in 1902 and one of six on the same date in Arkansas. Dave McWhorter (called Thomas in some news reports), described as a “remarkably well preserved man of 59 years old,” had been wed to his wife Mary for about a year when they quarreled and he left her. On November 15, 1901, he went to her home near Mulberry (Crawford County) and asked her to take him back, but she “said she was done with him.” She and her two children headed to the fields to pick cotton as McWhorter continued to plead with …

Medical Malpractice

Medical malpractice is professional misconduct by physicians and surgeons toward a patient. Historically, malpractice falls into two categories: criminal malpractice covers actions contrary to or expressively forbidden by law; civil malpractice, the dominant form in the twentieth and twenty-first centuries, refers to injurious treatment of the patient that includes unnecessary suffering or death that is due to professional ignorance, carelessness, a want of proper medical skills, and a disregard for established rules and practices. More rarely, malpractice can cover lawyers and other professionals. Medical malpractice suits emerged in the nineteenth century and came about only after the practice of medicine became informed by a scientific revolution that involved such discoveries as sepsis, immunization, and the germ theory. Suits were rare …

Mehaffy, James William

James W. Mehaffy was a member of a distinguished family of lawyers and jurists. He was elected justice of the Arkansas Supreme Court but died in a car wreck weeks before he was to be sworn in. His father and law partner in Little Rock (Pulaski County) was appointed to fill his seat on the Supreme Court and then was elected to the court and served for sixteen years. James Mehaffy was the first in the family to be elected a judge, but others in the family followed him into the state and federal judiciary for the rest of the twentieth century. Born on December 24, 1886, in Saline County, James William Mehaffy was the eldest of four sons and …

Mehaffy, Thomas Miller (Tom)

Tom Mehaffy was a self-educated schoolteacher, lawyer, and politician whose life at the age of sixty-seven was transformed by family tragedy into a distinguished career on the Arkansas Supreme Court. After fifteen years on the court during the Great Depression and the early stages of World War II, the aged and ailing justice retired in 1942, having earned the sobriquet “the Chief Dissenter” for his frequent disagreements with the other justices over the value that should be given to precedents. Mehaffy also founded what became Arkansas’s largest law firm, known in the twenty-first century as the Friday Law Firm in Little Rock (Pulaski County). Thomas Miller Mehaffy was born on October 3, 1859, in Ripley, Mississippi, to Thomas Langley Mehaffy …

Mercer, William (Lynching of)

William Mercer was apparently shot to death in 1898 by a Cleburne County lynch mob that found him after weeks of searching as he hid in the mountains after murdering his daughter. William Mercer (called Messer in some articles) was accused by his daughter of having committed “a revolting crime,” and in February 1898, she “mysteriously disappeared.” A local judge issued a warrant for his arrest, but he had already fled when lawmen went to serve the warrant on March 8, 1898. Few details are available outside of what appeared in short newspaper articles that appeared around the country. Those articles, datelined Little Rock (Pulaski County) on April 3, 1898, indicate that Mercer killed his daughter earlier in the year. …

Miller, James Brown (Jim)

James Brown (Jim) Miller was an Arkansas native but spent much of his life in Texas and Oklahoma, where he earned the reputation of a professional assassin, manipulating the court system to avoid prison. From his early years in Van Buren (Crawford County) to his death in Ada, Oklahoma, Miller proved to be a man to be feared. Jim Miller, the eighth of nine children of Jacob and Cynthia Miller, was born near Van Buren on October 25, 1861. His father was a miller and, at times, a stone mason by trade. Miller received the typical education of the times, and nothing stands out in his life until the family relocated to Coryell County, Texas. The exact year of this …

Miller, John Elvis

John Elvis Miller, the son of a Confederate veteran, had a distinguished career in the law, sandwiched around a political career that took him to the U.S. Senate in one of the most startling Arkansas elections of the twentieth century. He was a prosecuting attorney, a congressman, and a senator, resigning the last position in 1941 when President Franklin Roosevelt appointed him U.S. judge for the Western District of Arkansas. John E. Miller was born on May 15, 1888, in Stoddard County, Missouri, the son of John A. and Mary Harper Miller. As a child, he helped his parents and seven siblings raise cotton and corn on their Missouri bootheel farm. When he finished the ninth grade, he took an …

Mills, Lee (Execution of)

aka:
Lee Mills was hanged at Heber Springs (Cleburne County) on September 16, 1898, for a murder and robbery in Van Buren County. His accomplice, Will H. Hardin, was murdered in his jail cell in Clinton (Van Buren County) on April 17, 1899. Mills and Hardin—the latter a former deputy sheriff—both of whom lived near Scotland (Van Buren County), rode to the home of Hugh Patterson on Culpepper Mountain about six miles southwest of Clinton on the evening of December 13, 1897, intending to rob him of between $1,000 and $1,800 believed to be in his house. Patterson’s son Jim, Jim’s wife Rebecca and their five children, and Patterson’s brother William James Patterson were also at the house when the robbers …

Millwee, Minor Wallace

Minor Wallace Millwee was a distinguished justice of the Arkansas Supreme Court who was the first political victim of the surge of racism that followed the showdown over school desegregation at Little Rock Central High School in 1957. After Governor Orval E. Faubus dispatched National Guardsmen to stop nine Black students from entering the high school, and President Dwight Eisenhower nationalized the guard and sent federal troops to protect the Black students in school, former state senator James D. Johnson, Arkansas’s most determined segregationist, ran against Justice Millwee in 1958, calling him “a pawn of integration,” although the judge had never expressed an opinion publicly about the issue. Johnson posited that his own election, rather than Millwee’s, would show the …

Mississippi County Executions of 1880

A pair of African American men were hanged for the crime of murder at Osceola (Mississippi County) on July 9, 1880, in the first legal public execution in Mississippi County. Armstead Penn of Memphis, Tennessee, was picking cotton in Mississippi County in late 1879 when he befriended George Sanford and Richard McKee, two local Black men. On November 26, 1879, they murdered Penn, “falling upon their victim in a lonely and unfrequented place.” They first shot him in the back, then smashed his skull with a club and “finished and made certain the devilish deed by cutting his throat.” The two men stole about forty dollars from their victim. Penn’s body was found in a wooded area ten or twelve …

Mississippi River Lynching of 1841

In August 1841, a number of suspected counterfeiters were reportedly rounded up along the Mississippi River and drowned by a group of Arkansas vigilantes. The first report of the event places the number killed at twenty-three, while noting that the vigilantes were continuing to target people. Subsequent reports place the number “either drowned or shot” as high as seventy-five. The first report of this affair appears in the August 15, 841, Times-Picayune of New Orleans, Louisiana, which cites as the source an unnamed person “who arrived in the city yesterday from Arkansas.” According to this person’s account, the violence occurred between August 5 and 10 in both southern Phillips County, some forty miles below Helena (Phillips County), and Coahoma County, …

Mitchell v. Globe International Publishing

aka: People's Bank and Trust Company of Mountain Home v. Globe International Publishing
Mitchell v. Globe International Publishing, Inc. 978 F. 2nd 1065 was a legal case involving First Amendment freedom of the press, as well as privacy issues. It originated in a lawsuit filed by ninety-six-year-old Nellie Mitchell, a native of Mountain Home (Baxter County). Mitchell sued Globe International, the publisher of the tabloid paper the Sun, for false light invasion of privacy after the paper published a photograph of her to illustrate one of its articles. When the jury returned a verdict in favor of Mitchell and awarded her a total of $1.5 million in compensatory and punitive damages, Globe appealed to the U.S. Court of Appeals for the Eighth Circuit, which upheld the verdict. A final effort to appeal to …

Mitchell v. United States

Mitchell v. United States et al., 313 U.S. 80 (1941), came on appeal to the U.S. Supreme Court, challenging discriminatory treatment of railroad accommodations for African-American passengers on interstate train coaches passing through Arkansas, where a state law demanded segregation of races but equivalent facilities. The Supreme Court had held in earlier cases that it was adequate under the Fourteenth Amendment for separate privileges to be supplied to differing groups of people as long as they were treated similarly well. Originating in Arkansas in April 1937, the suit worked its way through the regulatory and legal system, finally ending up on the calendar of the Supreme Court in 1941. The circumstances surrounding the matter began after the only African American …

Mitchell, Charles (Lynching of)

On November 2, 1884, Charles Mitchell was murdered near Richmond (Little River County) for the alleged murder of a prominent farmer’s wife, Kate Waddell. The incident made news not only in Arkansas, but also in Texas, the Indian Territory (present-day Oklahoma), and Michigan. At the time of the 1880 census, forty-year-old Charley Mitchell—an African-American or biracial man—was living in Johnson Township of Little River County with his wife, Isabella, and their two sons, William (thirteen) and Mitchel (eleven). The census lists no occupation for Mitchell, but his two sons were working as servants. According to an October 31 article in the Arkansas Gazette, Mrs. Waddell, “an estimable woman,” was murdered on October 29 “by a notorious negro by the name …

Mitchell, Elton (Lynching of)

On June 13, 1918, an African-American farm worker named Elton Mitchell (referred to in some reports as Allen Mitchell) was hanged by a mob in Earle (Crittenden County). Newspaper reports give different dates for Mitchell’s murder, including June 22, June 13, and June 14, but the Pine Bluff Daily Graphic reported on June 14 that the murder took place on Thursday, June 13, so that is the most probable date. Mitchell’s personal history is a bit confusing, with public records placing him in several adjacent counties in northeastern Arkansas and northwestern Mississippi. At the time of the 1900 census there was an Etten Mitchell, age ten, living in Tyronza (Poinsett County) with his parents, Andrew and Parthenia Mitchell, and five …

Mitchell, Juanita Jackson

Juanita Jackson Mitchell was a pioneering African-American attorney whose many accomplishments included being the first black woman to practice law in Maryland. Born in Arkansas, she grew up in Baltimore, Maryland. There, she became a civil rights attorney, as well as the matriarch of one of Maryland’s most politically influential black families. Juanita Elizabeth Jackson was born on January 2, 1913, in Hot Springs (Garland County) to Keiffer Albert Jackson and Dr. Lillie Mae Carroll Jackson. Keiffer Jackson was an exhibitor of religious and educational films, which he showed across the country, and he and his wife were apparently in the midst of one of the exhibition tours when their daughter was born, but as soon as they were able, …

Mitchell, William Starr (Will)

William Starr Mitchell was a distinguished Arkansas lawyer who emerged as a leader in 1959 during the crisis involving the desegregation of Little Rock Central High School and the subsequent closing of the city’s schools, serving as campaign manager for Stop This Outrageous Purge (STOP). Mitchell was long remembered for his television appearance in the midst of a recall election aimed at ousting segregationists from the school board when he told Governor Orval Faubus: “Governor, leave us alone! Let us return our community to a rule of reason.” Will Mitchell was born on June 5, 1907, in Little Rock (Pulaski County), the son of William Starr Mitchell and Frances Emily Roots Mitchell. His father was affiliated with the Democrat Printing …