Parker's Court History:
Part Two
In last week’s column on Judge Issac Parker, I forgot to mention the Ft. Smith newspaper’s comment about his arrival. They made reference to Parker and his chunky wife. A rather sarcastic slur if you did that in today’s news story.
So Judge Parker opened his first case May 17, 1875. His sessions ran from 8 a.m. to as late as 9 p.m. Six days a week, he only took off for Christmas and Thanksgiving. His salary was $3,600 a year. Ft. Smith was wet in those days. The Indian Territory was dry, so many of the cowboys returning from cattle drives stopped there to party. There were plenty of saloons to drink and gamble in. Women were prohibited from going in saloons. But the six houses of ill repute were reported to be the finest in the land. There also were many street walkers. 'Shady ladies,' however, were only allowed to sit in the balcony at the famous opera house performances that rated as high as any put on in New York.
Parker’s first case was the retrial of a man named Evans, who was charged with murdering a boy from Texas and stealing his fancy boots. He claimed he bought the boots off the boy before someone else shot him. Evans acted very smug that his second trial would end as the first, either the jury would be undecided or turn him loose.
However the dead boy’s father came looking for his son. He was ready to testify that Evans and his son had left Texas and came to this region together. That the boots had been repaired by the father with two horse nails to hold the heels on. The father also wore a pair of boots just like them. His testimony convinced the jury of Evans’ guilt. Parker sentenced Evans to hang by the neck and he wept at his desk after the decision.
Parker’s record was 13,490 cases docked: 9,454 convictions, 344 cases punishable by death, 172 sentenced to hang and 88 actually hung.
The reasons that some weren’t hung were numerous. One was killed trying to escape. One was judged insane sent to an asylum. Five died in prison. Three were pardoned after sentencing. Thirteen were given new trials by the supreme court. Forty-three were commuted by the president to life terms and one was released on bond but never came back.
Parker's law was enforced by U.S. deputy marshals. Over 60 of them were killed in the line of duty. They were paid $2 for each arrest, 10 cents a mile, and a dollar a day to feed them. The deputies could hire posse men for a dollar a day to help them. The lawmen could also collect any reward on the outlaws except the federal ones. They came from all walks of life, Union and Confederate. Including the famous Dalton Brothers who later staged the ill-fated Coffeyville, Kan., bank raid.
One of the problems for the lawmen was cashing the warrants issued them for their work. Most of the time there was not any money in the court’s account to pay for those vouchers. Some were held for long periods of time until I guess Congress issued them more money.
This business of discounting such paper became a profitable business in Ft. Smith. Depending on one’s financial needs these pieces of paper were discounted as much as 25 percent. This made for a brisk business in the river city.
Speaking of lawmen, the fictitious novel “True Grit” by Charles Portis is 40 years old this year. Based on the book “Hell On the Border” an account by a court defense lawyer, Portis used a young girl who came to look for her father’s killer. The story’s leading character is this girl when she's an older woman telling the ordeal. It remains today a wonderful story.
And I think the one-eyed—former Quantrel raider, Rooster Gogburn is delightful as John Wayne made him in the movie. Living with a Chinaman in a basement laundry with a cat called General Sterling Price, this crusty character is a good one to go to swords with Matty, the protagonist. The book is still in print.
The late Douglas C. Jones, a prolific writer of the Ozarks, wrote a book called “Winding Stairs.” This book is about a young lawyer in Parker’s court. Jones did a wonderful job of writing this story and it, too, is a classic.
Next issue I’ll wind up the Judge Parker story. Take a day trip to the newly remodeled court in Ft. Smith and the nearby fine museum. Go by Miss Laura’s too and step back in the past, there’s lots of history on that river bank.
Western novelist Dusty Richards and his wife Pat live on Beaver Lake in northwest Arkansas. For more information about his books you can email Dusty by visiting www.ozarksfn.com and clicking on 'Contact Us' or call 1-866-532-1960.
