Entries - Entry Category: Law

Burnett Family (Executions of)

Three members of the Burnett Family were hanged in late 1845 for the brutal murder of Johnathan Selby, “a well to do bachelor about forty years of age,” near Cane Hill (Washington County). A neighbor found Johnathan Selby’s body on the morning of August 12, 1845, “his head literally chopped to pieces.” As investigators sought Selby’s killer, suspicion fell on Crawford and Lavinia Burnett and their son John, who lived in the area, and whose nephew John Sharp worked in Cane Hill. The elder Burnetts were taken into custody while their son fled the area. A special session of the circuit court was convened to try Crawford and Lavinia Burnett; future governor Isaac Murphy of Huntsville (Madison County) was among …

Burnett, Henry (Execution of)

Henry Burnett was a young African American man hanged near Lonoke (Lonoke County) on August 27, 1885, for the axe murder of an acquaintance. In the 1880 federal census, Henry Burnett was a twelve-year-old classified as a “mulatto” living in Lonoke County’s Tollette Township with his father, farmer laborer William Burnett, mother Cologne, and three siblings. One of their neighbors was laborer Nelson Anderson, twenty-nine, who lived in the same township with his wife Lizzie and two daughters. Henry Burnett was later described as “slight with somewhat pleasant features,” though “his temper was fierce and ungovernable.” In mid-February 1885, Henry Burnett (then eighteen), Willis Butler, and Anderson traveled five miles to Carlisle (Lonoke County) to conduct some business, with Anderson …

Burrow v. Pocahontas School District

Arkansas has struggled for much of its history to fund the education of its children—particularly during the Great Depression, when the state found itself unable to pay its debts, match federal aid for such things as food commodities, or pay teachers in order to keep schools open for a full term. At that time and others, the Arkansas General Assembly and the governor, in search of remedies to get through a crisis, enacted laws that seemed at odds with the state and federal constitutions. Disputes over these acts went to state courts and sometimes to the Arkansas Supreme Court. One such case was Burrow v. Pocahontas School District No. 19, in which the Supreme Court upheld a legislative remedy allowing …

Burton-Aikin Feud

The Burton-Aikin (also spelled “Aiken”) feud between Dr. Phillip Patrick (known as P. P.) Burton and Dr. Trent C. Aikin—who both practiced medicine in Batesville (Independence County )—began on October 21, 1841, with the death of Nicholas E. Burton (son of P. P. Burton) and ended on September 15, 1849, when an Independence County jury found P. P. Burton’s son Phil Burton “not guilty” in the murder of Dr. Aikin. The feud grew out of a medical disagreement between the two doctors. Dr. Aikin was called to treat a “Negro woman” (presumably a slave) belonging to a Mr. Byers of Batesville. Aikin diagnosed the woman with liver disease and began treatment of it. When the woman failed to improve, Byers asked Dr. …

Butler, Richard Colburn III

Richard Colburn Butler III was a noted historic preservationist who saved historic buildings in Little Rock (Pulaski County) and Washington (Hempstead County) and was active with organizations promoting preservation and Arkansas history. Richard Colburn Butler III was born at Trinity Hospital in Little Rock on September 21, 1937, the son of Richard C. Butler Jr. and Gertrude Marjorie Remmel Butler (the Central Arkansas Library System’s Butler Center for Arkansas Studies is named for his father). He graduated from Little Rock Central High School in 1955, after which he attended Washington and Lee University in Lexington, Virginia, earning an AB in history in 1959. Butler was a student at the University of Arkansas School of Law, receiving an LLB in 1962, …

Butler, Richard Colburn, Sr.

Richard Colburn Butler Sr. was a lawyer, banker, real estate investor, philanthropist, and horticulturist who is best remembered for his wide variety of business developments and community activities. As the attorney for the Little Rock School Board, he played a major role in the 1957 Little Rock school desegregation crisis. Richard Butler, the fourth child of Edna M. Clok and Richard Colburn Butler Sr., was born in Little Rock (Pulaski County) on January 1, 1910. (Butler, technically “Richard Butler Jr.,” referred to himself as “senior” after his father passed away.) His father was a real estate developer. Butler attended public school in Little Rock and then graduated from Little Rock Junior College in 1929. He subsequently enrolled in the University …

Butler, Turner

Lawyer and jurist Turner Butler was a farmer and schoolteacher before educating himself in law. Butler practiced law for twenty years before being elected a chancery judge. He was a trial judge for fifteen years before he was appointed and then elected to the Arkansas Supreme Court, where he served the last nine years of his life. As a justice of the Arkansas Supreme Court in 1930, he wrote a sublime opinion establishing the precedent that the courts must stand in the way of corporations doing harm to land and streams in the pursuit of private profit or the alleged public good. Turner Butler was born on July 7, 1869, as Phillip Turner Butler, in the town of Poplar Bluff …

Butlerville Lynching of 1882

On June 1, 1882, three African Americans named Joseph Earl, Taylor Washington, and Thomas Humphreys were hanged in Butlerville (Lonoke County) for allegedly attacking a young girl named Annie Bridges. Public records reveal very little about the girl or her alleged attackers. There was a thirteen-year-old girl named Sally Bridges in Butler Township of Lonoke County in 1880. She was living in the household of George and Mary Phillips, and her relationship to them was listed merely as “Home.” If the victim’s first name was Sally and not Annie, there is information indicating that her mother had died in Hot Springs (Garland County) in 1878. There was a fourteen-year-old boy named Taylor Washington living in neighboring Prairie County with his …

Byrd, Conley F

Conley F Byrd Sr. was a sharecroppers’ son from northeastern Arkansas who, after World War II, became a lawyer and a justice of the Arkansas Supreme Court. He proved to be a maverick on the court by dissenting often, and he frustrated some members of the elite court with his obstinacy. Injuries from vehicle accidents left him in so much pain that he retired in 1980 and spent the last thirty-four years of his life farming in the woods east of Redfield (Jefferson County). Conley F Byrd (he had no middle name, just the initial) was born on January 14, 1925, in Poughkeepsie (Sharp County). His parents, Robert Lee Byrd and Artie Elizabeth Barnes Byrd, were sharecroppers. They lived in …

Cadle, Zallie C. (Lynching of)

Early on the morning of November 8, 1903, a mob lynched a white man named Zallie C. Cadle in Brinkley (Monroe County) for the alleged murder of a night marshal named J. C. Cox. The Forrest City Times reported that Cox had been a farmer outside Forrest City (St. Francis County) and was “highly esteemed.” According to marriage and burial records, Zallie Cadle was born in 1873 and married Nancy Simmons in Cash (Craighead County) in 1896. Although the earliest information about the lynching appeared in both the Arkansas Democrat and the Arkansas Gazette on November 10, a later article in the Forrest City Times provides more information. According to this report, Cadle was a lumberman at Hutchinson’s Mill, and …

Caldwell, Charles (Execution of)

Charles Caldwell was an African American man hanged at Jonesboro (Craighead County) on April 29, 1893, in the first legal public execution in Craighead County. His corpse was afterward used in a bizarre experiment with electric batteries. Charles Caldwell and Tab Freeman, whom he would later be charged with murdering, both lived at Big Bay, a sawmill station for the Kansas City and Memphis Railroad about ten miles east of Jonesboro, now the community of Bay (Craighead County). Freeman lived with a woman of whom Caldwell was also enamored, leading to bad blood between the two—Freeman at one point tried to kill Caldwell with an axe. The two men were part of a group playing cards at the woman’s house …

Caldwell, Will, and John Thomas (Lynching of)

aka: John Thomas and Will Caldwell (Lynching of)

On September 10, 1895, an African-American man named Will Caldwell and an “old negro man” identified by some newspapers as John Thomas were lynched near Blytheville (Mississippi County) for allegedly murdering and robbing a woman named Mattie Rhea. An extensive search of records for Arkansas and neighboring states revealed no information about either Mattie Rhea or Will Caldwell. There was, however, a John Thomas living in Mississippi County in 1880. He was twenty-six years old and living in Pecan Point Township, in the very southeastern part of the county. He would have been forty-one at the time of the lynching, which may not qualify him for the sobriquet “old negro.” Living in the same township and working on a farm …

Campaign Finance Laws

In the modern era, through a combination of legislation and initiated acts, the state of Arkansas has developed a system of campaign finance laws for state elections. While critics charge that the system has problematic holes within it that allow money to unduly influence policymakers’ decisions, it is a system that is now in the mainstream of American states and is generally strong in terms of the disclosure of campaign contributions and expenditures. Such contributions and expenditures were completely unregulated in Arkansas until the mid-1970s, when an initial campaign finance law was passed (Act 788 of 1975). This came a year after the first major federal campaign finance legislation was passed following the Watergate scandal in which quid pro quo …

Cane Hill Murders of 1839

On June 15, 1839, William Carter Wright of Cane Hill (Washington County) and four of his children were murdered in their home. Their slaying led to the impromptu trial and lynching of four men, conducted by the Cane Hill Independent Regulating Company, a “citizens’ vigilante group.” The brutality of the Cane Hill Murders and the nature of the hearings reflect the potential for lawlessness in the border region in the early history of the state. On the night of June 15, 1839, Nancy Wright (referred to as Frances in some sources) awoke when she heard horses and men outside the Wrights’ cabin. The sounds alarmed her, and she woke her husband, telling him that she thought Indians were approaching. Three …

Canfield Race War of 1896

On Saturday, December 12, 1896, African-American workers at the Canfield Lumber Company in the small lumber town of Canfield (Lafayette County) were fired on by a mob of whites and forced to leave the area. This was part of a widespread pattern of intimidation of Black laborers in southern Arkansas in the 1890s, a practice that seems to have reached a peak in 1896. There were incidents involving railroad workers in Polk County in August and on the Cotton Belt Railway line in Ouachita County in early December. Later in December, there was a similar incident at a sawmill in McNeil (Columbia County). These incidents were part of a larger pattern evident in southern Arkansas throughout the 1890s in which …

Cantrell, Deaderick Harrell (D. H.)

Deaderick Harrell (D. H.) Cantrell was a Little Rock (Pulaski County) lawyer and prominent citizen in the late nineteenth and early twentieth centuries. Cantrell Road in Little Rock was named for him. D. H. Cantrell was born on June 14, 1868, in Little Rock. The family home was at 619 Scott Street. Cantrell’s father was William Armour Cantrell, a prominent physician. His mother was Ellen Maria Harrell Cantrell, an accomplished writer and musician. He had seven siblings: Lillian, Ellen, Daisy, Wendel, Isadore, Bessie, and William. The Cantrells were prominent members of Christ Episcopal Church, and his mother wrote The Annals of Christ Church Parrish and was a frequent contributor to local newspapers and magazine publications. D. H. Cantrell attended St. …

Capital Punishment

aka: Death Penalty

The death penalty was practiced in Arkansas even before the state was admitted to the Union in 1836, with the first legally sanctioned execution reportedly occurring at Arkansas Post in 1820. The Arkansas criminal code provides for the death penalty or life without parole upon conviction of capital murder or treason. Those convicted of rape were also subject to the death penalty until January 1, 1976, prior to the U.S. Supreme Court’s ruling in Coker v. Georgia that a death sentence for rape of an adult woman was disproportionate to the crime and violated the Eighth Amendment. The first Arkansas penitentiary was authorized in 1838. Shortly thereafter, the state purchased ninety-two acres for $12 per acre and authorized $80,500 to …

Capus, Henry (Lynching of)

Henry Capus, an African-American man, was lynched in late June 1894 in Columbia County. The reports regarding his killing are brief and lacking details, but his murder follows the pattern of many other lynchings of the era. The exact identity of Henry Capus is unknown, as there are no exact census matches for that name (especially given that the enumeration sheets for the 1890 census were lost to fire), and national reports offered variations on his last name, rendering it Cabus or Cahns. There is a Henry Cabos or Cabus listed on the 1880 census residing in Shreveport, Louisiana, but he would have been sixty-four at the time of the lynching. That same census finds a Henry Capus in Alabama; …

Carpenter, Cornelius Tyree

Cornelius Tyree (C. T.) Carpenter was an educator, minister, and attorney in northeastern Arkansas. In addition to serving as president of Woodland Baptist College in Jonesboro (Craighead County) and being minister of the First Baptist Church of Marked Tree (Poinsett County), he gained national attention as the attorney for the Southern Tenant Farmers’ Union (STFU) from 1935 to 1936. C. T. Carpenter was born on September 5, 1874, in Rockbridge County, Virginia, to John T. Carpenter and Sarah Carpenter. He had three brothers and one sister. His father was a Baptist minister who studied under General Robert E. Lee at Washington College after the Civil War. The family was well established in Virginia and, according to Oren Stephens of Harper’s …

Carroll County Lynching of 1878

In October 1878, a posse pursued a pair of southwestern Missouri horse thieves into western Carroll County and hanged them. Franzisca Haneke Massman, the thrice-widowed owner of a major sawmill operation in western Carroll County, observed two horsemen riding through her property on October 26, 1878. They were soon followed by six other riders who appeared to be pursuing them. Massman, incorrectly identified as “Mrs. Masmer” in newspaper accounts, left on horseback about half an hour later to check on some of her lumbermen on the far side of a mountain near her mills. As she topped the mountain, she “espied in the shadow of a giant pine eight men whom she recognized as the two former and the six …

Carroll, George (Execution of)

George Carroll, convicted of drowning his wife, was hanged at Searcy (White County) on April 30, 1886, one of two Arkansans to die on the gallows that day. George Carroll, who “bears a hard name” in his hometown of Beardstown, Tennessee, by 1885 was living on a farm about ten miles north of Searcy with his wife Lizzie, their two children, and his half brother’s widow Vina (or Vinia) Tidwell, who would help the twenty-five-year-old Carroll with farmwork as his wife kept house. Carroll and Tidwell became “so intimate that he decided to murder his wife to get rid of her.” He originally plotted to kill Lizzie Carroll, described as “a highly educated lady, and an earnest, industrious wife,” by …

Carter, Allen (Lynching of)

Sometime during the first week of August 1892, an African-American man named Allen Carter was lynched at Wynne (Cross County) for allegedly assaulting his fourteen-year-old daughter. While the method of the murder is not specified, brief reports from across the United States indicate that the mob that lynched him was composed entirely of African Americans. There exists insufficient documentary evidence to determine the identity of Carter, and reports differ as to when exactly Carter was lynched. According to the August 6 issue of the Daily Public Ledger, Carter was arrested on Tuesday, August 2. The mob later removed him from jail and lynched him. Other similar published accounts vary on the date of the lynching, placing it anywhere from August …

Carter, Ben E.

Ben E. Carter, following in his father’s footsteps, got an Ivy League education and developed a stellar law practice at Texarkana (Miller County) but died in 1943, less than four months after reaching the pinnacle of success for a lawyer: justice of the Arkansas Supreme Court. He had been a state representative and chairman of the state commission regulating public utilities before running for associate justice. He took office in January 1943 but suffered a fatal heart attack in early April at the age of forty-eight. Benjamin Estes Carter was born on November 1, 1894, at Texarkana to Jacob Monroe “Jack” Carter and Nellie Haywood Estes Carter. His father was a highly educated lawyer, and the son followed his path. …

Carter, John (Lynching of)

aka: Lonnie Dixon (Execution of)

In early May 1927, Little Rock (Pulaski County) experienced a wave of mob violence surrounding the lynching of an African American man named John Carter, an event that was closely connected with the conviction and execution of a Black teen. Carter’s lynching and the rioting that followed is one of the most notorious incidents of racial violence in the state’s history. This event reveals much about the history of race relations in Little Rock, as well as the state’s struggle with its national image. The episode began on April 30, 1927, when the dead body of a white girl named Floella McDonald (described as anywhere between eleven and thirteen years of age) was discovered by a janitor, Frank Dixon, in …

Carter, Nathan (Execution of)

Nathan Carter, who was hanged at Helena (Phillips County) on January 19, 1893, was one of two African American men executed for the murder of Prince Maloy, a “well to do negro planter.” Prince Maloy, fifty-nine, and his wife Matilda, fifty-one, lived on Island No. 64 in Phillips County’s Mooney Township south of Helena with their son William, age eighteen. Maloy hired local men—including Nathan Carter, Isom White, and his step-son Henry Young—to work in his fields, and their relationships could be tense; a newspaper report said that a few weeks before Christmas 1890 they got into an argument, “and but for the prompt interference of Molloy’s [sic] wife they would have killed the old man.” Maloy was known to …

Carter, William Neal (Bill)

Bill Carter is a lawyer, former Secret Service agent, music manager and promoter, and author. He is best known for being the Rolling Stones’ lawyer who facilitated the release of two band members from custody when they were arrested in 1975 while traveling through Fordyce (Dallas County). Carter has also managed country singers Tanya Tucker and Reba McEntire. In 2013, Carter was added to the Arkansas Entertainers Hall of Fame. William Neal (Bill) Carter was born on January 19, 1936, in Rector (Clay County) to Henry Gaston Carter and Essie Faye Richardson Carter. Carter’s father was a farmer, and the family had little money when he was growing up. Carter spent time in the cotton fields as a youth and …

Cary, James Alexander

James Alexander Cary, a park policeman at Hot Springs National Park from 1923 to 1927, was the first employee of the National Park Service to be murdered in the line of duty. His body was found on March 12, 1927, in Hot Springs National Park within a few feet of the spot where he had arrested men transporting illegal whiskey across federal property three months before. The case remains officially unsolved. James Cary was born on December 19, 1895, in Osage, Missouri, to Lillie D. Cary and James B. Cary. He grew up on a family farm in Osage as the third of five children. On June 1, 1917, Cary joined the U.S. Navy and served until February 4, 1919. …

Casat, Deno (Execution of)

Deno Casat was hanged at Little Rock (Pulaski County) on August 17, 1883, for the murder of an Iron Mountain Railroad employee. Deno Casat and his father Isador both worked at the Iron Mountain Railroad shops in Argenta (now North Little Rock in Pulaski County), but the elder Casat was fired from his job as a mechanic. The pair drank heavily during the morning of October 31, 1882, and around 1:45 p.m., Isador Casat shot himself in the head and died. Deno Casat went to the train shops about three hours later looking for R. M. Richardson, who had fired his father, but instead encountered George Barnes, the bookkeeper and head clerk of the shops. As other railroad workers watched, …

Casey, Frank (Execution of)

Frank Casey was a young Black man hanged in Little Rock (Pulaski County) on November 26, 1884, for the brutal stabbing death of a young farmhand at a saloon in Argenta, now North Little Rock (Pulaski County). Frank Casey, a twenty-two-year-old, five-foot-ten-inch Black man who worked as a farm and railroad laborer, lived in Jacksonville (Pulaski County) with his mother, two brothers, and stepfather Stanford Willis. Casey was reportedly “inclined to be wild and daring.” He was drinking and dancing at an Argenta saloon when three white farmhands entered the bar shortly before midnight on October 8, 1884. Among them was twenty-two-year-old Charles Watson, a West Virginia native who had moved to Arkansas in July. Casey and Watson got into …

Catcher Race Riot of 1923

The December 28, 1923, assault and murder of a white woman in the Catcher community in Crawford County quickly ignited a firestorm of racial hatred that, within the span of a few days, exploded into the murder of an innocent Black man, charges of night riding being leveled against eleven African Americans, and the exodus of all Black families from Catcher, numbering at least forty. Two African American men were sentenced to death and executed in relation to the murder, while a third was given life in prison, following trials that included dubious evidence offered by the prosecution. From the days of slavery, the township in which Catcher is situated, four miles southeast of Van Buren (Crawford County) in cotton-producing …

Cates, Sam (Lynching of)

On September 12, 1917, a twenty-five-year-old African-American man named Sam Cates was lynched near England (Lonoke County) for allegedly harassing white girls and young women, including allegedly sending an improper note to the sister of Claude Clay. The exact identity of Sam Cates remains uncertain. According to marriage records, there were two men by the same or similar names living in Lonoke County around this time, although neither have ages exactly matching twenty-five in 1917. On July 3, 1910, twenty-one-year-old Sammie Kates married Mary Mathews (born around 1891) in England (which lies in the center of Lonoke County’s Gum Woods Township). According to 1910 census records, there was an African-American woman named Mary Matthews (born around 1893) living with her …

Causby, Robert Albert (Execution of)

Robert Albert Causby, though senseless at the time of his execution, was hanged at Batesville (Independence County) on November 25, 1904, for murdering the county sheriff. Robert Causby was born in Independence County on October 14, 1883, the son of Hepsey Catherine Causby, and grew up in Union Township near the Izard County line. His criminal career began when he was a teenager and stole an axe from the township’s constable, who fled the area after reporting that Causby had shot at him. He was jailed in Fulton County for the December 1900 robbery of a post office but escaped in February 1901 after striking a jailer with a log. Causby ran off to the Indian Territory (present-day Oklahoma) and …

Chambers, Abe (Execution of)

Abe Chambers was hanged at Newport (Jackson County) on January 21, 1887, for the murder of a young African American man, a crime he denied having committed. Abe Chambers, “a negro of herculean frame,” came to Newport in late October 1886 as part of a traveling circus troupe; different accounts say that eighteen-year-old Jonas Williams either also came with the circus or that he lived in Jackson County, though he does not appear in the 1880 census there. The two men were constant companions for several days before leaving Newport. Again, accounts of what happened differ, with the Arkansas Gazette reporting that the town marshal was notified of a young man in distress in the White River bottoms and found …

Chicot County Lynching of 1836

aka: Bunch (Lynching of)

According to the Arkansas Gazette, an African American identified only as Bunch was hanged in Chicot County in August 1836. The incident was also reported in a number of newspapers across the United States. According to the Gazette, Bunch, perhaps a member of the free black population in Chicot County, attempted to vote, but the judges turned him back because he was black. Bunch “took umbrage” at this and “resorted to violent measures.” In the midst of the fracas that followed, one Dr. Webb, “a highly respectable citizen,” was stabbed multiple times and was expected to die. Local citizens were so incensed that they promptly hanged Bunch. The Indiana American, quoting the Louisville Journal, reported that Bunch had a copy …

Childers, John (Execution of)

On August 15, 1873, a Cherokee man named John Childers was hanged at Fort Smith (Sebastian County) for the 1870 murder of Reyburn Wedding. In his book Law West of Fort Smith, Glenn Shirley describes Childers as “strong, of muscular build, five feet eleven inches in height,…twenty-four years old.” Childers, whose father was white, was born in Cowskin Creek in the Cherokee Nation. According to Shirley, “He had spent his childhood in wickedness.” In October 1870, Childers met a man named Reyburn Wedding, an Indian trader, near Caney Creek in the Cherokee Nation, just below the Kansas line. Wedding’s wagon was pulled by a splendid black horse, and Childers tried to negotiate a trade. After an extended bargaining session, Wedding …

Chism, Larry Porter

Larry Chism is an Arkansas criminal, convicted felon, and longtime fugitive. In 1978, he escaped from a Lonoke County jail and has never been apprehended. He was placed on the U.S. Marshals’ and FBI’s Wanted List, and in 1990, he was featured on the television show Unsolved Mysteries, generating national exposure that led him to flee again. He is considered armed and dangerous, but his whereabouts have remained unknown since 1990. Larry Porter Chism was born in Forrest City (St. Francis County) on December 19, 1948, to Millard Harry Chism Jr. and Frances Louise Porter Chism. Both were from Arkansas. Chism’s maternal grandfather was John Rosamond “Jack” Porter, the mayor of Forrest City for a decade. Chism graduated from Forrest …

Chitwood, Oscar (Murder of)

Oscar Chitwood was murdered on December 26, 1910, at the Garland County Courthouse in Hot Springs. A deputy sheriff who was with Chitwood at the time of the murder claimed that a lynch mob killed Chitwood, but other witnesses contradicted his account. The murder remains officially unsolved. On August 17, 1910, Garland County sheriff Jake Houpt and his chief deputy (and younger brother) Sid Houpt attempted to arrest Oscar Chitwood and his brother George Chitwood for stealing horses. The Chitwood brothers resisted arrest, and a gunfight broke out on the grounds of the Garland County Courthouse. When the fight ended, George Chitwood was dead, and Jake Houpt was mortally wounded. Oscar Chitwood escaped, although badly wounded. Sid Houpt was unharmed. …

Chowning, Frank Edwin

Frank Chowning was a longtime Little Rock (Pulaski County) attorney. He was also a plant enthusiast whose work with irises, especially his hybridization efforts, earned him an international reputation. Francis Edwin Chowning was born on May 26, 1894, in Rison (Cleveland County) to Nathaniel Barnett Chowning and Deborah Curtis Marks Chowning. Chowning grew up and received his early education in Rison before attending Henderson-Brown College (now Henderson State University) in Arkadelphia (Clark County). His time at Henderson-Brown was interrupted by World War I, during which Chowning served in the U.S. Army, earning the rank of lieutenant while stationed in France. Following the war, he earned his law degree from Vanderbilt University in 1922. He married Martha Speakes Bradford in 1928, …

Christopher H. Harris v. Asa Hutchinson, et al.

The Arkansas constitution’s rule, commonly called “sovereign immunity,” that people cannot sue their government for damages has vexed the Arkansas Supreme Court for a century and a half, but particularly in the twenty-first century when a few justices began to insist that the ancient doctrine that “the king can do no wrong” flouted the basic human rights of Arkansans that were spelled out in the state constitution’s bill of rights. The dispute was keenly articulated in several cases that arose in the Republican-run state government in the second decade of the new century, notably the case of Christopher H. Harris v. Asa Hutchinson, et al. in 2020. Christopher Harris sued Governor Asa Hutchinson and Patrick Fisk, the deputy director of …

Churchill, Sylvester (Lynching of)

On October 20, 1885, a white man named Sylvester Churchill was lynched in Murfreesboro (Pike County) by being burned alive for having apparently murdered a local man named W. F. Brooks. This was the second time in as many months that the local jail was set afire; on September 6, 1885, brothers Henry and Sylvester Polk had been burned alive when a mob set fire to the new jail. Churchill’s apparent victim was, according to early reports in the Arkansas Gazette, named Dennis Brooks, but an account of the lynching that appeared in the Pike County Sentinel on October 22, 1885, and was reprinted in the Arkansas Gazette five days later, gave his name as W. F. Brooks. Reportedly, there …

City of Fort Smith v. Wade

The Freedom of Information Act (FOIA), one of the most significant governmental reform laws ever enacted by the Arkansas General Assembly, withstood many efforts in the state legislature and the courts to curtail the public’s right to know what state and local governments were doing. The efforts multiplied in the second and third decades of the twenty-first century. One such tactic that did succeed was a lawsuit, cited as City of Fort Smith v. Wade, in which the Arkansas Supreme Court altered the meaning of a public meeting so that private emails among city officials about an issue before the city board of directors did not violate the FOIA because the emails probably did not directly affect the city board’s …

City of Hot Springs v. Creviston

The Arkansas Supreme Court upended fifty-two years of financial practice by Arkansas cities and counties and numerous decisions of the Supreme Court when it ruled on March 3, 1986, that the Arkansas Constitution required the state and local governments to get voters’ approval before issuing bonds for capital improvements or any other purpose. The decision, in a case styled City of Hot Springs v. Tom Creviston, stunned local governments and financial institutions and briefly halted the issuance of financial instruments called revenue bonds, which were debts that were to be repaid from revenues generated by the project rather than from taxes. But a constitutional amendment to lift the election requirement was hastily drafted, petitions placed it on the ballot, and …

Claiborne, Harry Eugene

Harry Eugene Claiborne, a native of McRae (White County), was a lawyer, politician, and later a federal judge in Las Vegas, Nevada. Claiborne became known nationwide in 1986 as the first sitting federal judge to be sent to prison and the fifth person in American history to be removed from his or her position through impeachment by the U.S. Senate. Harry Claiborne was born on July 2, 1917, in the Lebanon community just outside McRae. His father, Arthur Smith Claiborne Jr., was a cotton farmer, and his mother, Minnie King Claiborne, was a schoolteacher. Early on, Claiborne gained a reputation in McRae for his speaking ability, and he would often accompany his grandfather to view court proceedings at the White …

Clarendon Lynching of 1898

On August 9, 1898, Manse (or Manze) Castle, Will Sanders (Saunders), Sanders’s mother Lorilla (Rilla) Weaver, Dennis Ricord (Record, Rikard), and Susie Jacobs—all African American—were lynched in Clarendon (Monroe County) because of their complicity in the murder of prosperous merchant John T. Orr. Rilla Weaver was the cook in the Orr household, and Susie Jacobs worked there as a maid. Rachael Morris, a “prominent young Jewess” who had also been implicated in the plot, escaped and was spared. Orr’s wife, Mabel, who had instigated the murder, lay fatally ill in the nearby jail, having taken poison; she was eventually to die in the jail. With her was the Orrs’ only child, three-year-old Neva. As horrifying as this story is, the …

Clayton, William Henry Harrison

William H. H. Clayton moved to Arkansas in 1864 and like his brothers, Powell Clayton and John Middleton Clayton, he was an important figure in the history of the state during Reconstruction. Most notably, he held the position of district attorney for the Western District of Arkansas. His home in Fort Smith (Sebastian County) was made into a museum. William Henry Harrison Clayton and his twin brother, John Middleton Clayton, were born on October 13, 1840, in Delaware County, Pennsylvania. Their parents, John and Ann Clayton, named the boys after the Whig presidential candidates William Henry Harrison and John Tyler. The twins, along with their older brothers, Thomas and Powell, lived on the family farm and received their education at …

Cleburne, Patrick Ronayne

Patrick Ronayne Cleburne became the highest-ranking Irish-born officer in American military history, attaining the rank of major general. He entered the Civil War as commander of the Yell Rifles, which became part of the First Arkansas Volunteer Infantry Regiment. He became a drugstore owner and lawyer in his new Arkansas hometown of Helena (Phillips County) and was a delegate to the Democratic Convention in 1858. Pat Cleburne was born in Ovens, County Cork, Ireland, on March 16, 1828, at Bride Park Cottage to Joseph Cleburne, a doctor, and Mary Anne Ronayne Cleburne. He was the third child and second son of a Protestant, middle-class family that included children Anne, William, and Joseph. His mother died when Cleburne was eighteen months …

Clendenin, John J.

John J. Clendenin was an influential lawyer and judge in Arkansas before and after the Civil War. He also served a short term as a member of the Reconstruction-era Supreme Court of Arkansas. John Joseph Clendenin was born on September 2, 1813, in Harrisburg, Pennsylvania. Not much is known about his youth beyond the fact that to support his widowed mother, as well as his siblings, he worked as a clerk in a Harrisburg-area post office while also gaining some business experience. He also read the law for several years with prominent attorney (and future vice president) George Mifflin Dallas. He then clerked for future senator and secretary of war Simon Cameron. In 1836, Clendenin made his way to Arkansas, …

Clinton v. Jones

The U.S. Supreme Court case Clinton v. Jones, 520 U.S. 681 (1997) had the immediate impact of allowing a civil suit filed against President Bill Clinton to proceed while he was in office. In fact, although the case arose from an alleged incident that occurred before Clinton assumed the presidency, his status as president was central to the arguments the Supreme Court had to address. Ultimately, the decision’s more far-reaching impact directly affected the presidency on multiple levels. First, the Court’s ruling both reinforced and extended the idea that the president is not above the law, a concept that had been at the heart of the legal issues surrounding the Watergate affair. In addition, statements made by Clinton in the …

Closson, William (Lynching of)

In May 1869, a white man named William Closson was lynched in DeWitt (Arkansas County) after his first murder trial apparently ended in a hung jury. Sources on the event are limited. According to a reprinting in the Arkansas Gazette of an article published in DeWitt’s Sentinel on May 22, 1869, Closson had been indicted at the November 1868 term of the Arkansas County Circuit Court for having murdered William Word, who resided near Crockett’s Bluff (Arkansas County). Indeed, the Weekly Arkansas Gazette reprinted on May 12, 1868, an article from DeWitt’s Elector that gives more detail as to the affair. According to this, on Saturday, April 11, 1868, Word was leaving DeWitt and “starting in the direction of Crockett’s …

Cockrill, Sterling Robertson

The chief justice of the Arkansas Supreme Court from 1884 to 1893, Sterling Robertson Cockrill was only thirty-seven years old when he ascended the bench as the youngest chief justice in the state’s history (a record he still holds). A product of a law school education rather than the old apprenticeship system, Cockrill strongly embraced the codification of legal procedures that the Republican Party had enacted during Reconstruction and thus moved Arkansas more into the nation’s judicial mainstream. Although his tenure on the court was short, his influence was long-lasting. Sterling Robertson Cockrill was born in Nashville, Tennessee, on September 26, 1847, to Henrietta McDonald Cockrill and her husband, Sterling Robertson Cockrill. Young Cockrill was sometimes identified in Arkansas as …