Entries - Entry Category: Law - Starting with S

Smith, Robert Hardin

Robert Hardin Smith was a former Arkansas attorney best known for his string of high-profile thefts at archives in Arkansas and across the South and Midwest between 1995 and 2002. Born on February 19, 1959, in Prescott (Nevada County), Robert Smith was one of three children and the only son of Norman Murphy Smith and Nancy Ann Hardin Smith. Smith’s father served in the U.S. Air Force during the Korean War and went on to become a respected judge in several jurisdictions in central and southern Arkansas. Smith’s maternal grandfather, Buren Hardin, served as sheriff of Clark County between 1955 and 1958. Robert Smith attended high school in Stuttgart (Arkansas County), graduating in 1978. He attended the University of Central …

Smith, Walter (Reported Lynching of)

In many cases of reported lynchings, newspapers in other states received initial reports by wire from local newspapers and then failed to include updates on these first stories. Such was the case with the alleged lynching of twenty-four-year-old Walter Smith in Cabot (Lonoke County) in May 1892. In Smith’s case, even the Arkansas Gazette failed to update its story on a rumored lynching. The first news of Smith’s alleged crime appeared in the Arkansas Democrat on May 23, 1892. Smith, an African American, had reportedly attacked a white woman in Cabot a week earlier. After committing “his heinous crime,” he escaped. Police wired a description of “the brute” to officials in the area, and he was found on May 22 …

Smith, William Jennings (Bill)

William Jennings (Bill) Smith was a lawyer and civic leader in Little Rock (Pulaski County) whose close association with five governors gave him great influence over the state’s public affairs for forty years, including the desegregation of Central High School and its aftermath. He served briefly as a justice on the Arkansas Supreme Court upon the resignation of Justice Minor W. Millwee in the fall of 1958. Smith became the managing partner of the law firm that he had joined in 1946 and developed it into the state’s largest law firm, known at that time as Mehaffy, Smith and Williams. In 2022, the firm, still the state’s largest, was Friday, Eldredge and Clark. Bill Smith was born on October 14, …

Smith, William W.

William W. Smith, a lawyer at Helena (Phillips County) who was elected an associate justice of the Arkansas Supreme Court in 1882, suffered at length from tuberculosis, and he died before his term on the court ended. He was an early friend and law partner of Simon P. Hughes, whose life and career closely tracked the younger Smith’s. Hughes, by then the governor, was at Smith’s side when he died. Hughes left the governor’s office a few weeks later and was elected to the state Supreme Court, although not to the seat his friend had just vacated. William Wright Smith was born on October 12, 1838, at Cokesbury, South Carolina, to Charles Landon Smith and Sarah Anderson Smith. He moved …

Smithee-Adams Duel

What has often been described as “the last duel fought in Arkansas” was an exchange of gunshots in the streets of Little Rock (Pulaski County) between James Newton (J. N.) Smithee and John D. Adams on May 5, 1878. This event was also an early episode in the long newspaper war conducted between the Arkansas Gazette (then the Daily Arkansas Gazette) and the Arkansas Democrat. Adams became owner, with William D. Blocher, of the Gazette on November 11, 1876. They hired James Mitchell to be editor-in-chief of the newspaper; Mitchell had been a professor of English literature at Arkansas Industrial University, now the University of Arkansas (UA) in Fayetteville (Washington County). Smithee competed with the Gazette by purchasing the printing …

Snell, Richard Wayne

Richard Wayne Snell—a member of a number of white supremacy groups, including the Covenant, the Sword, and the Arm of the Lord (CSA), which was founded in 1971 in Elijah, Missouri, by polygamist James Ellison—was also reported to be a member of the Aryan Nation. In addition, there are unsubstantiated reports connecting Snell to Oklahoma City bomber Timothy McVeigh; perhaps not coincidentally, McVeigh’s act of domestic terrorism occurred only hours before Snell’s execution for two murders he had committed in the 1980s. Richard Wayne Snell was born in Iowa on May 21, 1930, to Charles Edwin Snell and Mary Jane Snell. Snell’s father was a pastor of the Church of Nazarene, and Snell himself trained in the ministry but did …

Solomon, David

David Solomon practiced law for seventy-five years in the riverside city of Helena-West Helena (Phillips County), where for more than a century after the Civil War he and other Solomons were patriarchs of a large Jewish community that played a major role in the city’s and county’s rise as a cultural and economic center of the Mid-South. A graduate of Harvard Law School, Solomon practiced alone until shortly before his hundredth birthday, representing, among others, poor African Americans and whites, often free of charge. He held every position in the Arkansas Bar Association except president, which he declined. In 1975, Governor David H. Pryor appointed Solomon to the Arkansas Highway Commission. David Solomon was born on July 19, 1916, in …

Southern Arkansas Race Riots of Late 1896

During November and December 1896, there were three separate racial incidents on job sites in and around El Dorado (Union County). In mid-November 1896, there was a “race war” between white and Black workers at Hawthorne Mills, twelve miles southwest of El Dorado. On Tuesday, December 1, 1896, five African-American section men who were working on the line of the Cotton Belt Railroad between Camden (Ouachita County) and Bearden (Ouachita County) were killed by a group of unidentified men. In late December, near McNeil (Columbia County), approximately twenty African Americans were shot when white men raided a sawmill. This was part of a widespread pattern of intimidation of Black laborers in southern Arkansas in the 1890s, a practice that seems to …

Speers, J. E. (Execution of)

J. E. Speers was hanged on May 27, 1892, in Magnolia (Columbia County) for the slaying of a Ouachita County timber man, a crime he claimed was committed in self-defense. J. E. Speers was born in 1863 in St. Francis County. He married Annie Hutson, “a rustic beauty,” near Brinkley (Monroe County) twenty years later, and they would have five children, two of whom lived. Speers worked as a railroad engineer for some time, but by 1892 “for several years ha[d] been employed in various capacities about saw mills.” The Arkansas Gazette described him as “one of the Smith and Wesson gentry, and an all around tough.” Speers was working at a mill near Camden (Ouachita County) as a night …

Spence, Helen

Helen Ruth Spence of Arkansas County was a famous outlaw and prisoner whose story captured the imaginations of many during her life and engendered a body of legend afterward. She was the focus of unprecedented media coverage in her day, up until her death at the hands of Arkansas prison officials. The July 12, 1934, issues of the Washington Post and New York Times published accounts of Spence’s death on the previous day. The date of her birth aboard a houseboat on the White River near St. Charles (Arkansas County) was listed by the funeral home as February 23, 1912. Arkansas’s houseboat-dwelling “river rats” were eventually expelled from the area as the U.S. Army Corps of Engineers tamed the White …

Springer, Andrew (Lynching of)

Andrew Springer, a white man, was lynched in Powhatan (Lawrence County) on May 21, 1887. His is the only lynching recorded as happening in Lawrence County and occurred during a decade when whites and African Americans were lynched in relatively equal numbers. That would change the following decade as lynching violence became more exclusively anti-black. The lynching of Springer became the subject of the October “Ghost Walk” held at the Powhatan Historic State Park each year and is a significant component of local folklore. The event was mentioned by newspapers as far away as Perth, Australia. The exact identity of Springer remains a mystery. Some newspapers reported that he was originally from Cook County, Illinois, but the four possible matches …

St. Charles Lynching of 1904

Over the course of four days in the first week of spring 1904, a succession of white mobs terrorized the black population of St. Charles (Arkansas County). They murdered thirteen black males in this town of about 500. Given the death toll, it was one of the deadliest lynchings in American history. The murderers were never identified in either public reports or eyewitness accounts, and the scant surviving evidence in newspapers and manuscripts lists only the victims, not the killers or their possible motives. On Monday, March 21, on the dock at the White River crossing in St. Charles, Jim Searcy, a white man, argued over a game of chance with a black man named Griffin, with whom he was …

St. Francis County Reported Lynching of 1910

A reported 1910 lynching in St. Francis County illustrates the difficulty of doing research in this field. While historian Richard Buckelew included the incident in the list of Arkansas lynchings he compiled for his 1999 dissertation, it seems that the violence was inflicted by a posse. There is a blurred line between lynch mobs and posses, as in many cases posses killed fleeing African Americans rather than jailing them and letting them face trial. In this particular case, the shooting was particularly egregious, as the suspect killed may not have been the alleged murderer. According to the Arkansas Gazette, the incident stemmed from a disagreement between whites and African Americans near Georgetown (White County) at the new bridge for the …

Staner, Tom (Trial and Execution of)

The execution of Thomas Preston (Tom) Staner, sometimes spelled “Stainer,” on November 2, 1877, was the last execution to take place in Saline County. Staner was hanged for the murder of Harriet “Hattie” Staner (his uncle’s wife) and her neighbor, Parcell (or “Parlee”) Taylor, at the Staner house on Sulfur Springs Road about eighteen miles northwest of Benton (Saline County). Staner’s weapon of an iron poker, as well as the Staner family Bible and a framed photograph of Mack Staner, are all on display in the front room of the Gann Museum of Saline County. On January 23, 1877, McHenry “Mack” Staner left his home with a load of cotton bound for Little Rock (Pulaski County). His wife Harriet “remained …

Stansberry, John (Execution of)

John Stansberry was hanged on July 9, 1890, at Fort Smith (Sebastian County) for the murder of his wife, a crime he denied committing to the end. John Stansberry and Mollie Eubanks were married in Newton County, Missouri, in October 1885. Stansberry visited the Indian Territory (present-day Oklahoma) in early 1889, and he moved with his wife and one-year-old daughter to the Pottawatomie Nation that August. A month later, his wife returned from visiting a neighbor and found the child “with a ghastly wound in its head and it soon expired.” Stansberry told his wife the little girl had fallen off a piece of furniture. The Stansberrys then moved to the Creek Nation. Mollie Stansberry was murdered on the night …

Starr, Belle

aka: Myra Maybelle Shirley

In the late 1800s, Belle Starr was known as a notorious female outlaw in America’s “Old West.” As a resident of Indian Territory, now Oklahoma, she came under the jurisdiction of Judge Isaac C. Parker in Fort Smith (Sebastian County). Her close friends included the legendary American outlaws Cole Younger and Frank and Jesse James. Her reputation as an outlaw, the novelty of being a woman outlaw, and her violent, mysterious death led to her being called “The Bandit Queen.” Belle Starr was born Myra Maybelle Shirley near Carthage, Missouri, on February 5, 1848. Her father was John R. Shirley, a farmer who later owned a local inn. Her mother, twenty years younger than her husband, was Elizabeth (Eliza) Hatfield …

State of Arkansas v. Artoria Smith

aka: Arkansas v. Smith (2015)

State of Arkansas v. Artoria Smith is a decision of the Pulaski County Circuit Court written by Judge Herbert T. Wright Jr. and filed on January 20, 2015. The decision declared unconstitutional Arkansas’s failure-to-vacate statute—a statute that criminalizes failure to pay rent while remaining on the premises (an act that no other state criminalizes). Three other circuit courts in Arkansas followed suit in declaring the statute unconstitutional. The parties in Arkansas v. Smith stipulated to several facts. Smith and her landlord, Primo Novero, had a lease agreement in 2014. On July 9, 2014, Novero gave Smith ten days’ notice under Arkansas’s failure-to-vacate statute, claiming she had breached the lease. Under the statute, a tenant who remains on the premises more …

State of Arkansas v. Tee Davis

State of Arkansas v. Tee Davis was a criminal lawsuit in the Crittenden County Circuit Court in September 1943 that resulted in the conviction of African-American sharecropper and Southern Tenant Farmers’ Union (STFU) member Tee Davis for assault with intent to kill. Davis was at home in Edmondson (Crittenden County) on March 22 with his wife, Elizabeth, when an intruder began pounding on the door demanding that Davis come outside. Fearing for his safety, Davis armed himself with a shotgun and fired two blasts through the door. The intruder was later revealed to be Edmondson business owner and town marshal Harold E. Weaver. Two Crittenden County deputy sheriffs had enlisted Weaver to help them perform warrantless searches of sharecropper cabins …

State v. Buzzard

State v. Buzzard (1842) was a case in the first half of the nineteenth century involving the right of an individual to carry a concealed weapon. The case came two decades after an 1822 Kentucky case that struck down a state law that restricted concealed weapons—although the weapon at issue there was a sword concealed in a cane. Ultimately, given the facts in Buzzard, coupled with the language of the Second Amendment to the U.S. Constitution, the case has come to be recognized as one of the earliest examinations of the Second Amendment right to bear arms. The case was heard by the original three members of the Arkansas Supreme Court—Chief Justice Daniel Ringo and Associate Justices Townsend Dickinson and …

Stephenson, M. L.

M. L. Stephenson, a Union officer from Illinois, fought in several major Civil War battles in Missouri and Arkansas, was wounded three times, and eventually settled on a law career in Arkansas that climaxed in a very brief but eventful term on the Arkansas Supreme Court, where he participated in one of the critical episodes and law cases of the post–Civil War era—the dispute that became the Brooks-Baxter War. Stephenson was one of the Republican justices who ruled that Joseph Brooks, not Elisha Baxter, had been elected governor in 1872—a decision that President Ulysses S. Grant effectively reversed. Marshall Lovejoy (M. L.) Stephenson was born on March 29, 1838, in rural Nicholas County, Kentucky, northeast of Lexington. His parents, Robertus …

Stewart, Charles (Lynching of)

Charles Stewart, a white man, was lynched in Perryville (Perry County) on May 17, 1892, after killing Deputy Sheriff Tom Holmes in a failed attempt to escape jail. This was the only recorded lynching in Perry County. Given the absence of enumeration sheets for the 1890 census, determining the identity of Charles Stewart is difficult. However, there was a Charley Straut living in neighboring Yell County in 1880; his age was given as six years old (making him about eighteen in 1892, when the crime and lyching took place). Reports on the lynching present little biographical information. According to the Arkansas Gazette, Stewart had been jailed in Perryville “for attempted outrage on the 11-year-old daughter of J. W. Guin, and …

Streetcar Segregation Act of 1903

The Streetcar Segregation Act, adopted by the Arkansas legislature in 1903, assigned African American and white passengers to “separate but equal” sections of streetcars. The act led to boycotts of streetcar service in three Arkansas cities. The Streetcar Segregation Act (Act 104), introduced by Representative Reid Gantt of Hot Springs (Garland County) and modeled after legislation in Virginia and Georgia, was a more moderate version of earlier segregationist legislation. The act did not require separate coaches for Black and white passengers but rather required segregated portions of streetcar coaches with separate but equal services. On March 10, 1903, Black leaders assembled at the First Baptist Church in Little Rock (Pulaski County) and demanded the halt of legislative efforts aimed at …

Strickland, Jacob (Execution of)

Jacob Strickland was a U.S. Army infantryman who was executed in 1828 for the murder of a fellow soldier in one of the earliest public judicial executions in the Arkansas Territory. Jacob Strickland, a twenty-seven-year-old farmer from Philadelphia, Pennsylvania, enlisted in Company H of the Seventh U.S. Infantry Regiment on December 13, 1826; he was listed as five feet seven inches tall with hazel eyes, sandy hair, and a ruddy complexion. He proved not to be a very dedicated soldier, as he was reported as deserting from a base at Natchez, Mississippi, on March 22, 1827, being apprehended the next day. He apparently returned to service. Private Strickland was serving with the Seventh at Cantonment Gibson in what is now …

Stroud, John Fred, Jr.

John Fred Stroud Jr. spent most of his long career practicing law in Texarkana (Miller County) but also spent ten years on the appellate bench—nine on the Arkansas Court of Appeals and one as a justice of the Arkansas Supreme Court. He led the effort in 2000 to reorganize and reform the state’s judicial system and also spearheaded efforts for two decades to conserve the state’s waters and stabilize its streams. He worked for, befriended, or advised a number of Arkansas’s most notable politicians and jurists of the era, including U.S. senators John L. McClellan and David H. Pryor, Governors Bill Clinton and Jim Guy Tucker, federal judges Richard S. Arnold and Morris S. “Buzz” Arnold of the U.S. Eighth …

Stuttgart Lynching of 1916

An unidentified African-American man was taken from the jail in DeWitt (Arkansas County) and lynched in Stuttgart (Arkansas County) on August 9, 1916, for having allegedly attacked a sixteen-year-old white girl. This was the first of two lynchings to occur in Arkansas County that year—on October 8, 1916, Frank Dodd was also taken from the jail at DeWitt, though he was lynched in town. According to the Arkansas Gazette, on Monday, August 7, the unidentified man—described only as “about 25 years old and unknown here”—attacked the sixteen-year-old daughter of farmer Ernest Wittman in a field south of Stuttgart. The narrative is vague, indicating that the unknown man was arrested after having been attacked and wounded by a posse; he was subsequently …

Sullivan, Walter (Lynching of)

On October 1, 1902, a young African American named Walter Sullivan was murdered in Portland (Ashley County) for allegedly shooting a prominent merchant. In the 1900 census, there was a fifteen-year-old youth named Walter Sullivan living in Bonita, Louisiana, on the Wilmot Highway just south of the Arkansas line. He was living with his parents, Daniel and Malindy Sullivan, and two brothers, Vigil (age eighteen) and Cud (eight). Although newspaper accounts refer to Mr. Roddy as either D. D. Roddy or D. J. Roddy, he was probably William D. Roddy, a fifty-three-year-old widower who was a merchant in Portland in 1900. Roddy may have formerly been a farmer in Drew County, as a farmer of the same name and age …

Supreme Court of Arkansas

aka: Arkansas Supreme Court

The jurisdiction and power of the Arkansas Supreme Court is controlled by Article VII, Section 4 of the Arkansas constitution as amended in 2000 by Amendment 80. Under this section, the Arkansas Supreme Court generally has only appellate jurisdiction, meaning it typically hears cases that are appealed from trial courts. The Arkansas Supreme Court also has general superintending control over all inferior courts of law and equity. The Arkansas Supreme Court’s jurisdiction includes all appeals involving the interpretation or construction of the state constitution; criminal appeals in which the death penalty or life imprisonment has been imposed; petitions relating to the actions of state, county, or municipal officials or circuit courts; appeals pertaining to election matters; appeals involving attorney or …

Swamp Land Act of 1850

The Swamp Land Act of 1850 gave Arkansas the right to identify and sell millions of acres of overflowed and swamp lands in the public domain and to use the proceeds to finance internal improvements, principally levees and drainage ditches. Arkansas eventually acquired more than 8,600,000 acres of land through the Swamp Land Act. This grant of land was of enormous importance to the state at the time, but it had little permanent impact on the economic development of the state. In the 1830s, planters and land developers began to move into Arkansas, attracted by the rich Mississippi Alluvial Plain bottomlands. The alluvial lands, however, were subject to seasonal overflows. In addition, much of the bottomland was swampland, described by …