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Trieber, Jacob

Jacob Trieber of Helena (Phillips County) and Little Rock (Pulaski County) was the first Jew to serve as a federal judge in the United States. Serving from 1900 to 1927 as judge for the U.S. District Court, Eastern District of Arkansas, he became known in judicial circles as a “genius as lawyer and jurist.” He presided over more than 1,000 cases annually, kept his docket current, and had time to serve many assignments outside his own district. He issued nationally important rulings on controversies that included antitrust cases, railroad litigation, prohibition cases, and mail fraud; some of his rulings, such as those regarding civil rights and wildlife conservation, have implications today. His broad interpretation of the constitutional guarantees of the …

Triple Execution of 1994

On the night of August 3, 1994, three inmates of the Arkansas Department of Correction were put to death at the Cummins Unit for their participation in the same crime. Convicted of a murder and robbery committed in Rogers (Benton County) on January 8, 1981, the three men were executed at one-hour intervals. On the night of January 8, 1981, the home of Donald Lehman and his family was the scene of a home invasion. Four masked men rang the doorbell and burst into the home. At least two were armed with handguns, and a third carried a chain. Lehman was thrown into his bedroom and repeatedly shot and struck with the chain, killing him. Lehman’s wife and daughter were …

Triple Execution of 1997

A triple execution took place at the Cummins Unit of the Arkansas Department of Correction on January 8, 1997. The first two inmates to be executed, Paul Ruiz and Earl Van Denton, were convicted of murders perpetrated during a post-escape crime spree. Ruiz and Van Denton escaped together from an Oklahoma prison on June 23, 1977. Van Denton was serving a life sentence for murder, while Ruiz was serving life for armed robbery. The pair moved across Oklahoma and into Arkansas, committing a number of crimes. On June 29, near the town of Magazine (Logan County), the men kidnapped town marshal Marvin Ritchie and handcuffed him in the back seat of his patrol car. Driving the patrol car, the two …

Tuck, Annabelle Davis Clinton Imber

Annabelle Davis Clinton Imber Tuck was the first woman elected justice of the Arkansas Supreme Court and, as a trial judge, wrote the original order that reshaped the financing of public education in the state. While a chancery judge in Pulaski County in 1994, she issued an order declaring the state’s system of funding and operating its public schools unconstitutional and gave the Arkansas General Assembly two years to produce schools that guaranteed every child the same opportunity for a good education, as the state constitution required. Ten years later, the case, Lake View School District No. 25 v. Huckabee, resulted in sweeping reforms, including school consolidation and changes in tax structures, that the Supreme Court declared had finally complied with …

Tucker Telephone

The “Tucker Telephone” was a torture device invented in Arkansas and regularly used at the Tucker State Prison Farm (now the Tucker Unit of the Arkansas Department of Correction) in Jefferson County. It was likely used on inmates until the 1970s. The Tucker Telephone consisted of an old-fashioned crank telephone wired in sequence with two batteries. Electrodes coming from it were attached to a prisoner’s big toe and genitals. The electrical components of the phone were modified so that cranking the telephone sent an electric shock through the prisoner’s body. The device was reputedly constructed in the 1960s by, depending upon the source, a former trusty in the prison, a prison superintendent, or an inmate doctor; it was administered as …

Tucker Unit

aka: Tucker Prison Farm
Tucker Unit, often referred to simply as Tucker or Tucker prison farm, is a 4,500-acre maximum security prison and working farm located in Tucker (Jefferson County), roughly twenty-five miles northeast of Pine Bluff (Jefferson County). It is one of thirteen prison units in the Arkansas Department of Correction. Tucker Unit is not to be confused with the Maximum Security Unit, which was built in 1983 and is also located in Tucker. Tucker is the second-oldest prison in Arkansas (Cummins Unit is the oldest). Tucker was accredited by the American Correctional Association in 1983, but for many years, the prison had a tarnished reputation and was at the center of the prison scandals of the 1960s and subsequent reform efforts of …

Tucker-Parnell Feud

The Tucker-Parnell Feud (or Parnell-Tucker Feud) refers to a series of assaults and shootings in the Union County area between 1902 and 1905, stemming from a shootout in downtown El Dorado (Union County) that left three dead in October 1902. The repercussions of the downtown shootings led to an estimated thirty to forty deaths in Union County over the three-year period. The dispute began not between the Parnells and the Tuckers, two Union County families, but between two other men over which would marry an El Dorado woman. William Puckett of Texarkana (Miller County) had arranged to marry Jessie Stevenson and arrived in El Dorado on September 17, 1902, to meet her. Stevenson worked for local photographer Bob Mullens, who …

Tucker, Frank (Lynching of)

On September 15, 1932, an African-American man named Frank Tucker was lynched in Crossett (Ashley County) for allegedly attacking deputy city marshal Henry Reed with a razor. Reed had been in Crossett for about eight years and had worked as a marshal for three. According to the Arkansas Gazette, he was “well and favorably known among the business men of the city.” Frank Tucker had lived in Crossett almost his whole life, and at the time of the 1920 census, he was twelve years old and living there with his parents, Sidney and Melissa Tucker. His father was working in a lumber mill, and Tucker was attending school; both could read and write. By 1932, Tucker, too, was working in …

Tucker, James (Execution of)

James Tucker was an African American man hanged at Paris (Logan County) on May 30, 1884, for murdering his partner at their farm on Red Bench Mountain. James Tucker and Aaron Barker rented property on Red Bench Mountain in Logan County, where they built a cabin and were growing cotton on their small farm. Tucker suspected that Barker had some money, and on the night of December 27, 1883, he “stole upon his victim while asleep and discharged both loads of a double-barreled gun into his person.” After stealing “the trifling sum that he possessed,” Tucker fled deeper into the mountains. The erstwhile farmer “became an outlaw, terrorizing the community and defying the authorities.” He evaded repeated attempts to catch …

Turner v. Arkansas (1991)

Turner v. Arkansas, 784 F. Supp. 585 (E.D. Ark. 1991), a 1991 decision by the U.S. District Court of Appeals for the Eastern District of Arkansas, was the culmination of a battle over the drawing of congressional districts within the state, one that reflected the growing challenges states faced in the reapportionment process required after each decennial census. The dispute stemmed from challenges to the redistricting effort that had been undertaken by the Arkansas General Assembly in Act 1220 of 1991. The plaintiffs Jessie Turner, Christine Brownlee, Jack Foster, Alan Smith, and Freddie Lyon argued that the plan violated the Fourteenth and Fifteenth Amendments to the U.S. Constitution as well as the federal Voting Rights Act—and most importantly ran afoul …

Turner, Jesse

Jesse Turner, a North Carolina native, was a lawyer and politician who played a major but fickle role in Arkansas’s long odyssey through slavery, the Civil War, and Reconstruction. He finally turned to economic development, principally railroads. He was a leader of the Whig Party in Arkansas until its disintegration during the Civil War, and he then took a respite from politics; during Reconstruction, he returned as a Democrat. Turner was elected to both houses of the Arkansas General Assembly, was the federal prosecuting attorney in the new United States District Court for the Western District of Arkansas, and served briefly as an associate justice of the Arkansas Supreme Court. He spent most of his life in Van Buren (Crawford …

Turner, John (Lynching of)

An African American man named John Turner was lynched in Warren (Bradley County) on April 5, 1903, after having allegedly “attempted assault” on a local white woman. The victim of the alleged assault (referred to as both Mrs. Neeley and Mrs. Neely in various sources) was referenced in newspaper reports as “Mrs. W. H. Neeley, a white lady who resides about seven miles west of town.” There was, at the time of the 1900 census, a Lillian A. Neely, wife of Walter H. Neely, residing in Pennington Township in Bradley County. The identity of John Turner is much more difficult to trace, there being multiple Black men of that name on the 1900 census. According to an early report in …

Turner, Otis Hawes

Otis Hawes Turner was a widely respected trial lawyer who practiced in Arkadelphia (Clark County) and then later served as a circuit judge before being appointed justice of the Arkansas Supreme Court by Governor Bill Clinton in 1990. Otis Turner was born on October 18, 1927, in Arkadelphia, one of seven children of Cleveland “Cleve” (or “Bear”) Turner and Laura Eva Flanagin Turner. Before he became a pharmacist, Turner’s father was a baseball player from Hope (Hempstead County) who played in three professional leagues in Arkansas and Texas in the first decade of the twentieth century. Two of his sons, Cleve Jr. and Otis, inherited his athletic acumen. The elder Turner attended Henderson College and Ouachita Baptist College at Arkadelphia …

Turner, William (Lynching of)

Nineteen-year-old William Turner was lynched in Helena (Phillips County) on November 18, 1921, for allegedly attacking a young white girl. According to newspaper accounts, it was the first lynching in Helena. Early on the morning of November 18, Turner allegedly attacked a teenaged girl as she was walking to her job at the telephone exchange. He was arrested and placed in the jail, which adjoined the courthouse. According to the Arkansas Gazette, local citizens, in a state of “suppressed excitement,” began to gather near the courthouse during the afternoon. In an attempt to protect Turner from harm, two deputy sheriffs put him into a car shortly after dark to take him to jail in nearby Marianna (Lee County). They were …

U.S. Marshals Service (USMS)

The U.S. Marshals Service (USMS) is the oldest federal law enforcement agency in the nation. Divided into ninety-four districts, the agency’s structure aligns with that of the United States district courts. Arkansas has two districts—the Western District headquartered in Fort Smith (Sebastian County) and the Eastern District headquartered in Little Rock (Pulaski County). During the nineteenth century, fugitives often fled to Indian Territory (present-day Oklahoma) in an effort to escape prosecution. Apprehending these criminals was a dangerous assignment for the U.S. deputy marshals—consequently, there are more deputy and special deputy marshals buried in the Fort Smith region than anywhere else in the nation. On September 24, 1789, George Washington signed Senate Bill 1, which included the Judiciary Act, of which …

U.S. Term Limits Inc. v. Thornton

The case U.S. Term Limits, Inc. v. Thornton (514 U.S. 779, 1995) began as a conflict over term limitations placed on those elected to the House of Representatives (three terms in office) and the U.S. Senate (two terms in office) from the state of Arkansas. It ended with the U.S. Supreme Court interpreting the role of the states in the federal structure created by the U.S. Constitution. The Court resolved the dispute by ruling that the qualifications for those elected to the U.S. Congress listed in the U.S. Constitution are exclusive. Thus, states may not impose additional qualifications upon candidates for the U.S. Congress either directly, or, as in the case of Arkansas, indirectly. Arkansas imposed term limitations through Amendment …

Underwood, James M. (Execution of)

James M. Underwood was hanged on December 7, 1883, near Dardanelle (Yell County) for the shotgun slaying of a prominent local farmer. James M. Underwood, a native of Tennessee, lived at the home of “well-to-do farmer” Robert J. Pendergrass about five miles south of Dardanelle, as he worked on the Pendergrass farm. However, “an intimacy between Mr. P.’s wife and Underwood caused a quarrel in the family, which ended by Underwood changing his home.” He moved in with Joshua Toomer nearby. On September 1, 1883, Pendergrass drove his wagon into Dardanelle to conduct some business. When he was nearing his home later that day, “he was fired on from the brush and killed instantly.…Mr. P. had received the buckshot in …

Union County Lynching of 1873

In the spring of 1873, four unidentified African Americans were reportedly murdered by other black residents in Union County in response to a hideous attack they allegedly committed on a white woman. Newspapers across the nation printed the report, based on a letter written by county resident Thomas Warren to a friend in Clay County, Missouri. In 1870, Warren, a native of Missouri, was a farm laborer living near Van Buren (Crawford County) with his wife and two children. Warren reported that in mid-March 1873, a pregnant married woman in Union County started off on horseback to stay with a neighbor for several days. When she arrived at the neighbor’s house, no one was there, and she started to ride …

Union County Lynching of 1904

Three people were lynched in the Union County community of Mount Holly on August 30, 1904. These include one white man known only as Stover (or Stowers), a black man sometimes identified as Smead Stith, and a black woman identified only as Bates. There was a black man named Smead Stith living in Union County during the 1900 census. He was aged nineteen and working as a farm laborer. Two white men, Charley and Jessie Stover, father and son, are recorded as living in Claiborne Parish, Louisiana, on the same census, both working as farmers. There are a number of possibilities for the identity of Bates in both southern Arkansas and northern Louisiana. The Osceola Times covered the situation more …

United States District Court for the Western District of Arkansas

The United States District Court for the Western District of Arkansas is the federal trial court of record for thirty-four counties in western, south-central, and north-central Arkansas. With headquarters in Fort Smith (Sebastian County) and branches in Fayetteville (Washington County), Harrison (Boone County), Texarkana (Miller County), Hot Springs (Garland County), and El Dorado (Union County), the three judges and two magistrates of the Western District under Article III, Section 1 of the U.S. Constitution exercise judicial power over “all cases in law and equity, arising under [the] constitution, the laws of the United States, and treaties made or which shall be made.” Generally, the Western District exercises power over two broadly defined types of civil cases: those that involve a …

United States v. Burch

The court case of United States v. Burch centered upon Chris Burch’s opposition to Bill Barnes’s expansion of his private resort community, Mountain Harbor Resort, farther into the Ouachita National Forest in western Arkansas. Chris Burch had lived around the forest since 1977 and enjoyed its natural beauty. Bill Barnes’s father had leased lands from the U.S. Army Corps of Engineers in 1955, and Barnes was continuing his father’s work: to develop the land to meet the public’s needs as was dictated by the lease. Burch’s family, who owned and operated a small motel and general store, was friendly with—and even referred customers to—Barnes, who frequently returned the favor. Burch, however, was troubled when Barnes requested a new lease over …

United States v. Miller et al.

United States v. Miller et al. originated in the U.S. District Court, Western District of Arkansas, Fort Smith Division when a federal grand jury indicted two men for transporting a sawed-off shotgun from Oklahoma to Arkansas in violation of a federal firearm statute. The case eventually became the single instance in which the U.S. Supreme Court explicitly tackled the Second Amendment in the twentieth century, and it remains controversial to this day. The National Firearms Act (NFA), Public Law 73-474, effective July 26, 1934, was in reaction to widespread gun violence during the Prohibition era. The NFA required that certain weapons—principally machine guns, sawed-off shotguns and rifles, and silencers—be registered with the federal government and be heavily taxed. On April …

United States v. Waddell et al.

United States v. Waddell et al. is a U.S. Supreme Court case that arose from an 1883 incident of nightriding (sometimes called whitecapping) in Van Buren County, in which a group of armed white men attempted to drive off a Black homesteader. The case centered upon the question of whether or not an individual, having settled upon a piece of property for purposes of obtaining a federal homestead, enjoyed the protection of the federal government in attempting to exercise his rights in the face of conspiracies to intimidate. On December 13, 1882, Burrell Lindsay (sometimes spelled Lindsey), an African American man, made a homestead entry for a tract of land in Bradley Township in southeastern Van Buren County. On the …

University of Arkansas at Little Rock William H. Bowen School of Law

The University of Arkansas at Little Rock William H. Bowen School of Law is one of two Arkansas law schools, both of which are state supported and part of the University of Arkansas System. The first formal program of legal education in Arkansas was established in Little Rock (Pulaski County) in 1868 and was known as the Little Rock Law Class. Arkansas Industrial University, now the University of Arkansas (UA) in Fayetteville (Washington County), assumed sponsorship of this law class in 1892, establishing the Law Department in Little Rock under the deanship of Judge Frank Goar. The Law Department existed until 1915, when, as the result of disagreement between the law school and the board of trustees over the law …

Usury

The concept of usury (defined as the lending of money with an interest charge—usually an exorbitant one) and its application to the lending function have generated significant head scratching and hand wringing over the years, especially in Arkansas. In fact, for much of recorded history, the lending of money at interest has simply not been considered a wholesome activity. In some early Jewish and Christian communities, it was considered immoral to take advantage of a needy neighbor by adding interest at any rate to his already burdensome debts. To this day, some majority-Muslim countries observing the law of Sharia, as set forth in the Koran and the Sunna, prohibit lending at interest at any rate, based on the same rationale. …

Van Buren County Lynching of 1894

In early February 1894, three white men—Robert Plunkett, Charles Plunkett, and Henry Bruce—were lynched in Van Buren County for allegedly attacking and robbing an unidentified elderly couple. While no specific date is given in any of the reports, the lynching had to have happened before February 10, when the first accounts were published. Citing “meager details,” accounts indicate only that the lynching happened in what was known as “the Gulch,” and that the men’s alleged crime had “aroused great indignation” in the neighborhood. For additional information: “A Lynching.” Arkansas Gazette, February 10, 1894, p. 2. “Three Men Lynched. Indianapolis Journal, February 10, 1894, p. 3. “A Triple Lynching.” Forrest City Times, February 16, 1894, p. 8. Nancy Snell Griffith Davidson, …

Van Leuven, Kathryn

Kathryn Van Leuven was a pioneering attorney in the early part of the twentieth century. The daughter of a lawyer, she became interested in her father’s work at a young age and subsequently went on to be a leading figure in legal circles, the first woman to hold a number of public positions. Although she was born and reared in Arkansas, her legal career was mostly in the new state of Oklahoma, which was admitted to the union just as she married and settled there. While there are some conflicting reports, the best evidence indicates that Kathryn Nedry was born on February 5, 1888, in Fort Smith (Sebastian County). One of six children of John and Catherine Nedry, she grew …

Vapors

The Vapors was a nightclub in Hot Springs (Garland County) during the last era of illegal gambling in the city. Upscale entertainment in the style of Las Vegas, Nevada—featuring well-known acts like Edgar Bergen, the Smothers Brothers, and Tony Bennett—distinguished it from many of the rival clubs in the area. Dane Harris, who had been a World War II pilot, accumulated money from a stake he had in the Belvedere Country Club and casino during the 1950s and used that money to build the Vapors nightclub. Harris partnered with Owen Vincent “Owney” Madden, owner of the Cotton Club in New York and a noted gangster, to build the nightclub at a site at 315 Park Avenue formerly occupied by the …

Varner Unit

The Varner Unit is a detention facility run by the Arkansas Department of Correction. It is located in the Choctaw Township of Lincoln County, along U.S. Highway 65, about thirty miles south of Pine Bluff (Jefferson County). The Varner Unit was constructed in response to the state’s fast-growing inmate population; other state facilities had been expanded prior to Varner’s construction. When it opened in 1987, it could accommodate 300 prisoners; its capacity was increased to 700 and then later to around 1,700. The Varner Unit is made up of two separate units: the Supermax Unit and the Varner Unit. The Supermax Unit was opened in 2000 and in 2003 became home to all the state’s male death row inmates. In …