Entry Category: Law

Maggio, Michael A.

Michael A. Maggio, a former Faulkner County circuit judge, was removed from office and later convicted in the United States District Court for the Eastern District of Arkansas for accepting a bribe to reduce a nursing-home-negligence verdict and sentenced to ten years in federal prison. He was released in 2021. Michael Maggio was born in 1961, the oldest of four children of Henry Anthony Maggio, who was a psychiatrist and medical officer in the U.S. Army, and Bobby Padgett Maggio. Born in southern Louisiana, he spent his early childhood there and in Texas before the family settled in southern Mississippi after his father opened a psychiatry practice in Gulfport, Mississippi. Maggio graduated from St. Stanislaus High School in Bay St. …

Mahone, Hall (Execution of)

Hall (or Hal) Mahone was a young African American man hanged at Van Buren (Crawford County) on November 7, 1902, for rape. His was one of five public executions of rapists in the state between 1901 and 1904. Mrs. Rebecca McCloud, “a small woman, only 16 years old,” was staying with a Mrs. Clark at Haroldton (Crawford County) on September 5, 1902. She and ten-year-old Edgar Clark walked to the home of Dr. J. L. Young to get some medicine for Mrs. Clark’s sick infant. While they were heading home, Hall Mahone, “but 22 years of age and a giant physically,” allegedly came out of the undergrowth around the Bazort plantation just south of Van Buren and “dragged her into …

Maledon, George

While much of his life is shrouded in legend, according to a number of sources, George Maledon was the most prolific executioner in the United States in the last third of the nineteenth century. Working as the hangman for the famed Judge Isaac Parker for the U.S. District Court for the Western District of Arkansas in Fort Smith (Sebastian County), he reportedly performed as many as eighty-one executions, although more recent historical accounts put the number at closer to fifty. George Maledon was born in Germany on June 10, 1830. He immigrated with his parents, about whom little is known, to the United States, settling in the Detroit, Michigan, area, where they joined the small German Catholic community that had …

Malpass, Charles (Lynching of)

On September 27, 1911, a white man named Charles Malpass Sr. was lynched in Desha County following a shootout in which his sons murdered two police officers. According to newspaper accounts, Charles Malpass was a descendent of early French settlers at Arkansas Post. In 1850, the Malpass family was living in nearby Red Fork Township. Farmer Rubin Malpass was living with his wife, Rebecca, and five children, including four-year-old Charles. The family was still in the area in 1860, but by this time there were eight children, among them sixteen-year-old Charles. According to the Arkansas Gazette, Charles began living with a “mulatto” woman named Bettie West in 1868. West had resources of her own, having inherited several thousand dollars when …

Mankiller, Smoker (Execution of)

An eighteen- or nineteen-year-old Cherokee man named Smoker Mankiller was one of six prisoners executed at Fort Smith (Sebastian County) on September 3, 1875. He was accused of shooting and then fatally stabbing a white man named William Short a year earlier. In a September 4, 1875, article, the Arkansas Gazette noted that Mankiller could both read and write in Cherokee and, employing stereotypes, described him as having the “usual Indian stoic indifference” of his tribe. On July 15, the St. Louis Globe-Democrat had given a fuller description, noting that Mankiller was “Medium-sized, full-faced, thick-lipped, [had] coarse hair of intense, dull blackness, face pock-marked and yellowish tinted, dark eyes and countenance apathetic and apparently listless.” At the time of his …

Manley Brothers (Execution of)

On September 9, 1881, Amos Manley and Abler Manley (sometimes referred to as Abner), eighteen- and twenty-year-old Creek brothers, were hanged in Fort Smith (Sebastian County) for the murder of farmer Ellis McVay (sometimes identified as Eli McVay or Ellis McVeigh). The September 9, 1881, edition of the Arkansas Democrat gives an account of the crime, which it called “one of the bloodthirstiest pages in the criminal annals.” On December 3, 1880, the Manleys stopped at McVay’s farm near Eufala on the Choctaw/Creek border on their way to the Choctaw Nation. According to the Democrat, the Manleys were out hunting on the snow-covered prairie when they got lost. Hungry, cold, and exhausted, they came upon the cabin of a white …

Mansfield, William Walker

William Walker Mansfield was a lawyer, legislator, circuit judge, and associate justice of the Arkansas Supreme Court. The Sebastian County town of Mansfield is believed to be named in his honor. William Walker Mansfield was born on January 16, 1830, in Scottsville, Kentucky, the son of Colonel George Washington Mansfield and Frances Cockrill Mansfield. Mansfield received a “common-school” education before studying law under Judge William V. Loving in Bowling Green, Kentucky. He was admitted to the Kentucky bar in 1852. A short time later, Mansfield corresponded with fellow Kentucky native and noted Arkansas politician and attorney David Walker in Fayetteville (Washington County) about possible opportunities in the legal field within the state. Despite Walker’s encouragement to consider a practice in …

Maples, Cheryl Kathleen Smith

Cheryl Maples was a prominent attorney in Little Rock (Pulaski County) and throughout the state. An outspoken champion of equal rights for all, she was particularly well known for her work on behalf of the LGBTQ+ community. Cheryl Kathleen Smith was born on March 2, 1950, in Santa Monica, California, to Harvey Smith and Patricia Ware Smith. She lived in Pacific Palisades until 1962, when her family moved to Arkansas, eventually settling in Fayetteville (Washington County). Smith graduated from Fayetteville High School in 1968 and married Richard Maples, a student at the University of Arkansas (UA) in Fayetteville, that same day. The couple had two sons and three daughters. In 1980, at the age thirty, Cheryl Maples began college, studying …

Marion Lynching of 1910

On March 18, 1910, two African-American men, Robert (Bob) Austin and Charles Richardson, were lynched in Marion (Crittenden County) for allegedly assisting in a jailbreak. The victims were taken from jail by a mob and hanged in front of the Crittenden County Courthouse. There is very little known about the two victims. At the time of the 1900 census, Bob Austin was living in Jasper Township with his stepfather, Bennie Ross, and his mother, Henriette. Bennie was a farmer who was renting his farm, and nineteen-year-old Bob was a farm laborer. The men could neither read nor write, although Henriette could do both. Census records provide no information about Charles Richardson. According to the Arkansas Gazette, a jailbreak occurred on …

Marisa N. Pavan, et al. v. Nathaniel Smith

aka: Pavan v. Smith
Pavan v. Smith (2017) was a U.S. Supreme Court decision that clarified the legal parenting rights for the non-biological partner in a same-sex marriage. Rather than hearing oral arguments on the matter, the Court summarily rejected the decision of the Arkansas State Supreme Court denying a wife of a mother the opportunity to be listed as a parent on the couple’s child’s birth certificate, a privilege that was presumptively granted to husbands under Arkansas law. In 2015 Obergefell v. Hodges decision, the U.S. Supreme Court ruled that state laws that barred same-sex marriage violated the Due Process and Equal Protections Clauses of the U.S. Constitution’s Fourteenth Amendment. Following that victory for marriage equality advocates, the Arkansas State Supreme Court acted …

Markle, John Lawrence

John Lawrence Markle was the perpetrator of a headline-grabbing crime in Little Rock (Pulaski County) in November 1987. The son of Academy Award–winning actress Mercedes McCambridge, Markle murdered his wife and two daughters before taking his own life on November 16, 1987. John Markle was born on December 25, 1941, in Hollywood, California, to Mercedes McCambridge and William Fifield. McCambridge was a radio actress who eventually moved into films, and Fifield was a writer. They divorced in 1946, and when McCambridge remarried in 1950, her second husband, film and television director Fletcher Markle, adopted the boy. John Markle was eight when his mother, who would become known to a later generation through her role as the voice of the demon …

Marmaduke-Walker Duel

aka: Walker-Marmaduke Duel
The Marmaduke-Walker Duel was fought during the Civil War between Confederate brigadier generals John Sappington Marmaduke and Lucius Marshall (Marsh) Walker. Marmaduke was originally from Missouri and was the son of a former governor. Walker was originally from Kentucky and nephew of President James K. Polk. Both graduated from the U.S. Military Academy at West Point. They made their way to Arkansas during the war; Marmaduke was stationed there, while Walker was granted a transfer to Arkansas due to trouble with superiors. Disagreement arose between the two in the summer of 1863 over military actions at Helena (Phillips County) and Little Rock (Pulaski County), where Walker failed to carry out operations as planned and exposed Marmaduke and his men to enemy troops. …

Mays, Richard Leon

Richard Leon Mays was an early civil rights attorney during the struggles to integrate public facilities and end bias in Arkansas courts and law enforcement. He was in the first group of African Americans to be elected to the Arkansas General Assembly in the twentieth century and became the second African American to be a justice of the Arkansas Supreme Court. Governor Bill Clinton appointed him to the court in 1979. He was inducted into the Arkansas Black Hall of Fame in 2016. Richard L. Mays was born on August 5, 1943, in Little Rock (Pulaski County), the younger of two sons of Barnett G. Mays and Dorothy Mae Greenlee Mays. Although the family lived in an integrated neighborhood on …

McBroom, Alexander (Execution of)

Alexander D. McBroom was a young Union infantryman who was executed by a firing squad at Fort Smith (Sebastian County) on April 21, 1865, for desertion and larceny. Alexander D. McBroom, thirty-four, a native of Cannon County, Tennessee, enlisted in Company B, First Arkansas Infantry Regiment (US) at Fayetteville (Washington County) on February 4, 1863. He was reported to be five feet eight inches tall and had dark hair, blue eyes, and a fair complexion. A farmer, he had a wife and two children. He was listed as absent without leave on February 25, 1863, and deemed a deserter that summer. Confederate service records indicate that he joined Company B of Crawford’s Cavalry Battalion on March 2, 1863. He returned …

McClain, Doc (Lynching of)

Doc McClain (whose name is sometimes rendered Dock McLain or McLane) was lynched in Ashdown (Little River County) on May 13, 1910, for allegedly stabbing wealthy young farmer Ernest Hale. According to the 1900 census, farmer Doc McClain (whose age was not given) was living in a rented home in Franklin (Little River County) with his wife Mary (aged thirty) and their two children, Lizzie (seven) and Ezekil (three). They had been married for ten years. Neither Doc nor Mary could read or write. According to numerous accounts, Doc McClain stabbed Ernest Hale in a store sometime in April 1910. Hale survived the attack and was hospitalized. At the time, it was feared that he would die. Local citizens threatened …

McClure, John “Poker Jack”

John McClure was an Ohio-born lawyer who came to Arkansas as the Civil War was ending and played a starring role in the political tumult that followed. Often ridiculed as “Poker Jack” owing to his fondness for gambling (he had been expelled from the Union army for playing poker), McClure was chief justice of the Arkansas Supreme Court during the latter years of Reconstruction. Democrats and a Republican faction accused him of malfeasance during the Brooks-Baxter War and its aftermath, and the Arkansas House of Representatives impeached him. The Arkansas Senate refused to convict and remove him from office and instead awarded him $2,000 for the trouble that the impeachment had caused him. When federal Reconstruction ended and conservative Democrats …

McCollum, Ed (Lynching of)

Early in the morning of October 4, 1903, an African American man named Ed McCollum was lynched in Sheridan (Grant County) for having allegedly assaulted a police officer. According to an early report in the Pine Bluff Daily Graphic, around 11:00 p.m. on the night of Friday, October 2, 1903, Constable Ed M. Crutchfield “attempted to arrest McCollum on a warrant charging McCollum with having assaulted another negro.” McCollum resisted arrest and shot Crutchfield in the arm. He was arrested the following morning and put in the jail at Sheridan. Around midnight, “a mob of 15 to 25 strong broke open the jail, took McCollum out, tied him to a tree nearby and riddled his body with bullets.” In keeping …

McCool, John Thurman (Murder of)

John Thurman McCool, a prominent businessman of Pine Bluff (Jefferson County), was rebuilding his life after serving a prison sentence for forging state treasury warrants when he was shot to death outside Sheridan (Grant County) in 1962. McCool’s murder remains unsolved. The mystery surrounding the killing and the strange circumstances of his life in the six years prior to it made the murder a subject of rumors of a mob killing, of revenge, and of silencing a man who knew too much, although no evidence of any of those motives ever emerged. Thurman McCool was born in Sheridan on August 18, 1913. He grew up in Pine Bluff, married a Pine Bluff woman, and was prominent in the business and …

McCoy, Hosey (Lynching of)

On March 9, 1902, an African American man named Hosey McCoy was lynched in Little River County for allegedly having raped a white woman. A relatively detailed account of the event was published in the March 13, 1902, edition of the Fort Smith Times. This account relied upon “authentic advices” received at Texarkana (Miller County) from New Rocky Comfort—now Foreman (Little River County)—on the morning of March 10 and later transmitted onward. According to this account, the woman “criminally assaulted” was one “Mrs. John Lemon, a white woman and wife of a drummer.” This was perhaps Dora Lemons, age twenty-two, who is listed in the 1900 census as the wife of a John Lemons of Little River County, age twenty-nine, …

McCulloch, Edgar Allen

Edgar Allen McCulloch was a lawyer in eastern Arkansas who achieved renown in a long career that included twenty-four years as a justice of the Arkansas Supreme Court, nineteen of them as chief justice, and a critical span of six years as chairman or member of the Federal Trade Commission (FTC), where he established important law in the regulation of public utilities in the United States. At the FTC, he personally took on an extensive investigation of public-utility holding companies in America requested by Congress, which resulted in a raft of energy regulation laws during the New Deal. Edgar McCulloch was born in Trenton, Tennessee, on August 1, 1861, to Dr. Phillip Doddridge McCulloch and Lucy Virginia Burrus McCulloch. McCulloch’s …

McCurtain, Amos (Execution of)

Amos McCurtain was a Choctaw man hanged at Van Buren (Crawford County) on June 24, 1870, for a double murder in what would be the first public execution in Crawford County since the end of the Civil War. Amos McCurtain and William Fry, another Choctaw man, were traveling by wagon between Scullyville and Boggy Depot in the Indian Territory on September 7, 1869, when they encountered a wagon driven by James McClain, who was Choctaw, and James Blakely, a Black man. McCurtain and Fry stopped to camp for the night, and the other two men stopped and camped near them. As McClain and Blakely slept, McCurtain proposed killing the pair and stealing the goods from their wagon. Fry opposed the …

McDonald (Lynching of)

A pair of Marion County men were shot as suspected horse thieves on Christmas Day of 1870 by a trio of vigilantes from Springfield, Missouri. A man named McDonald was killed in the incident. According to a short article in the January 25, 1871, Arkansas Gazette, three men from Springfield “named Patterson, and Dodson, and a third, name unknown,” rode into Marion County in pursuit of a stolen horse. Once in the county, they apprehended a man named Otterbury, and while one vigilante guarded him, the other two detained a man named McDonald “whom they also accused as being one of their thieves.” After “some altercation,” the Missourians shot the two men after Otterbury “attempted to resist.” McDonald died of …

McDonald, Maurice Neal “Nick”

Maurice Neal “Nick” McDonald was a patrolman for the Dallas Police Department who achieved international renown for arresting Lee Harvey Oswald shortly after the murder of John F. Kennedy. Nick McDonald was born on March 21, 1928, in Camden (Ouachita County), the second of three sons born to Beulah Lee Womack McDonald and Thomas “Bid” McDonald, a laborer in the southern Arkansas and northern Louisiana oil industry. After McDonald’s younger brother died, his parents divorced, and his mother moved to Maine; McDonald remained in Arkansas with his grandparents, Charles Womack, a local businessman, and his wife, Laura. While attending Camden High School, McDonald was given the moniker “Nick,” and, with his grandmother’s reluctant permission, he joined the U.S. Navy at …

McFaddin, Edward Fitzgerald (Ed)

Edward Fitzgerald McFaddin was a lawyer who for twenty-four years was a justice of the Arkansas Supreme Court, where he always anchored the conservative wing. After retiring from the court, McFaddin led the opposition to the proposed constitution of 1970, a set of constitutional reforms that voters defeated in the general election that year. He challenged nearly all the changes proposed in the new charter, claiming that it would raise taxes, increase government, and do away with sacred customs. Both of the candidates for governor in that election, Winthrop Rockefeller and Dale Bumpers, had urged voters to ratify it, to no avail. Ed McFaddin was born on December 30, 1894, in Hope (Hempstead County), the son of Edward McFaddin and …

McGehee Lynching of 1894

On September 22, 1894, Luke Washington, Richard Washington, and Henry C. Robinson were lynched in McGehee (Desha County) for allegedly murdering local merchant H. C. Patton and robbing his store. One of the interesting aspects of this case is that the African-American population of McGehee (then known as McGehee Junction) reportedly took an active part in the three men’s lynching. On September 20, 1894, Patton locked his store, which was located on the edge of a cotton field some distance from the depot in McGehee, and proceeded along the walkway to his bedroom. There, Robinson and the two Washingtons allegedly killed him with a club. Although Patton was armed with a pistol, he was unable to use it in time. His attackers then …

McHaney, Edgar Lafayette

Edgar McHaney contributed to legal proceedings that changed constitutional law in the United States. With co-counsel Scipio Africanus Jones, he appealed the convictions of twelve men convicted of murder after the 1919 Elaine Massacre. The case of six of the men, Moore v. Dempsey, was eventually heard by the U.S. Supreme Court, and a precedent-setting decision allowed federal courts to override state appellate courts if constitutional rights were denied. McHaney also served for a short time in the Arkansas House of Representatives before a long tenure on the Arkansas Supreme Court. Born on November 6, 1876, in Gibson, Tennessee, Edgar Lafayette McHaney was one of nine children of William W. McHaney and Mary Ellen Hicks McHaney. He grew up on …

McHaney, James Monroe

James Monroe McHaney, a Little Rock (Pulaski County) native who graduated from law school in 1942, was recruited in 1946 to participate in the trials of German Nazi war criminals after World War II. In his obituary in the New York Times in 1995, he was lauded for his success as a prosecutor at the Nuremberg trials. James McHaney was born on April 23, 1918, one of the six children of Edgar L. McHaney, who was later an Arkansas Supreme Court justice, and Gail Myers McHaney. After receiving both a bachelor’s degree and a law degree from Columbia University, he joined a New York law firm. (This was during World War II, but he was determined physically unqualified for military …

McIntyre, Samuel (Lynching of)

On April 23, 1919, an African-American man named Sam McIntyre was hanged near Forrest City (St. Francis County) for allegedly murdering another black man, John Johnson, the previous February. According to the February 10, 1919, edition of the Arkansas Gazette, on February 6, Johnson was shot through the window while playing checkers with a friend at his home on the Graham farm. McIntyre was arrested after the killing, along with U. L. “Hub” Lancaster (a white man) and Rube McGee (a black man). According to the report, “Johnson was a witness against Lancaster and McIntyre in several liquor cases, one case of assault to kill and another case charging burglary and grand larceny.” He was to testify when the case …

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 …