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Society H J0urnal SOCIETY H J0URNAL VOLUME 3, NUMBER 1, APRIL, 1979 CONTENTS VOL. Ill, NO. 1 APRIL, 1979 EDITORS: Message from your Editor 2 Carolyn Pollan Amelia Martin Law Enforcement for Fort Smith 1851-1896 3 ASSOCIATE EDITORS: r 40 , M t. .. Cf , Our Contributors: Fort Smith Natl°nal HlStONC Slte 4 ChrisAllen Judge Isaac Charles Parker 7 Elizabeth Barry Edwin C. Bearss Quotations, Judge Isaac C. Parker 6 y;olet Burto" Poets and Poetry 8 Missy Carroll Carol Griffee In Search of Accuracy ..„ 9 Bryan Pratt PHOTOGRAPHIC STAFF: George Maledon, One Amongst Many 10 Gerald Shephard Orjgjn Qf Name "Marsnar and David King Creation of Federal Court System 12 Ramey Elliot INDEXING: Marshals for Federal Court With Jurisdiction Phil Miller Over The Fort Smith Area 12 Christine Allen Unsung Heroes Deputy Marshals of The Federal OFFICERS FORT SMITH Court For the Western District of AR, 1875-1896 19 HISTORICAL SOCIETY: , , n . t f T Iri , Pres Christine Allen A Lawyer s Appraisal of The Parker Court 27 ^ P' 1 •_• ^hl1 ^'ller Furnishing New Federal Jail 29 Sec. - Treas Thelma Wray Cor. Sec Violet Burton Birnie Brothers Funeral Home and Putman Funeral Home ... 34 Membership in Fort Smith Historical Society entitles member to publications of Judge John Henry Rogers 36 the Society. There will be no more than 4 nor less than 2 publications yearly. Our Oral History, Eleanor Boone Rogers 37 year begins Jan. 1 and ends Dec. 31. Fort Smith 1879 39 For membership, send dues with your name and mailing address to: Fort Smith Land Records 45 The Fort Smith Historical Society, Inc. ... , , , „-, 61 South 8th Street Book Notes 47 Fort Smith, Arkansas 72901 Inquiries 49 Types of memberships: Index 50 Annual $ 7.50 Annual Contributing 15.00 FRONT COVER: Annual Sustaining 50.00 Picture courtesy of National Park Service Life (Individual) 100.00 Federal Court Building on Court Day, circa 1873. ©Copyright 1979 We welcome the loan of Fort Smith histori- the Foft Smjth Hjstorjca( Sodet |nc cal material and will return promptly. 61 Sou{h Qth Street _. ._ . ....... , . , Fort Smith, Arkansas 72901 The Fort 0Smith Historical 0Society, Inc. is a nonprofit organization under Sec. 501 (c) No portion of this publication may be reproduced in any form, except (3) of the Internal Revenue Code of 1954. for brief excerpts for review purposes, without the consent of the Gifts and legacies are deductible. Editors THE JOURNAL. J/eat f/Kembets oj the <Jotl e^milh c/Xislotical e*>ocictij and out olhet teadets: iJ lie Hiitd Llnnual f/Keelma oj Hie o^ocietij vsMI be : 7:00 p.m., <) nutsdaij, Cfptil'26, 1979 Lommumtu ,Koom, <Jott o)miln, JLublic Atbtatu (y>0ettjone is imMed -- membets bttncj uout jtiends -- teadets vOilnoul membet jtiends, R-tinq uout j tiends. CpOetijonc is vOelcome!! i) Ins is i> hutsdau mqhl bejote the iJjelie </ott o) mi In i) out on o^aluttlau and e>unduu, Llptu 28 and 29. ./nletestuiq nislotical lliinqs ate liuppetnnq in Totl O^mith. (' <.' i ' (' t <c\\l (' I' i i (' i i-i (^ (' Cp ('(' • 0 ('i/' ($ 0 (,'"> • (' i (J (('• t/ILosl oj uou know that uou t eailo t, V. a to tun JLt)tlaii, is a membet oj the LI t kaiisas Aeqi statute. Lls this (' 11' L( (' i i P CP • i' i • • \ fi o • • C'^-ui' cr' i' i' -I issue oj the c^outtiai aoes to ptess, the t-^etiislalute is in session and Latmun is in A,iUie .Aocfc, hatd at vOotk maKitiu nislotij. r/Lt)t It) neulecl net duties as uout editot, dedicated and natd vOotlcuiq (.atolun ptepatedi he(' t atticlei - (' s joI' t thii C • s issu• e oj( ' thi {' e ^JournaL( l( ' monthi ('s aao. c - c C^1f/ILot7 e letletl' 11 s oj( ' mtjuitu• • , ditecler ( di li o thi (' e «Jot (• li O'mil^ iPh CPJLubli 00- c A.iotatijC ^- 0 , as0k aboul' ts matshal(' ('s andi deputii i matsnals oj ,,Judue l_atlcet's Loutl tnafi ami olnet subject. ,vn ansssV't to need jot Inis injt)tmadon, Hie tneme jot tins issue is "< J lie .tedetal Loutl oj Hie Cl'esletJi J'islticl, and Hie JLeople oj Hie Loutt." Lls Hie most sOidelu kftovOn iiidqe oj llit1 coutt, ^j udqe .v'saas c JLatket ,.('(> C! • i' i | (' , , i' (' , (' i (' , -,i Pi d • Cp (' ill' I' \vill be included -- bul s'olumes have alteadu been \vtilten about ,-Tj udqe JLatket, and the emphasta s in Ihis issue is on olnet people Oital to Hie opetation oj tne C outl, ic. : II. o>. </Katsnals, J/epulij ,/Katsnals, Ajudqe ,,Jonn tKoaets ssMit) jouovOed ,,judue Xatlcet on Ine bench, etc. .Keadets, help us malce Hie ^rjoutnal be vOnai uou \0an( it to be. o^etid us uout suquestions jot subjects uou \0ani lo see included in julute issues. (.[ 'e ruiOc lots oj ideas and plans, bul \0e mOite uout ideas -- also uout j hel(' I'p \\illvl(i' teseatch(' , s\i tilinqT , mde.vmq! ' , autltessuit 1 i Cfivetopesi I' , and IIIolne' t woti k(' comieclecI lI vvilrllh' publishmt('('•('• j l(th' e i (* (' (' * ' (' V)on tnai. «J he o^ocielii's L tal ,)\is(otu JLtoiecl needs Oolimleet inlet^iesOcts, (upists and a tiood lupesOtilet (' (' c' ( I I (I ( / I Jt)t ptepatm cj t tan sen pis. i 1 ( , JCl li e liisttit0 • \ u oj|'ii th' e O'lteeSi li va(^ t O'lisle^ i m ojC ,^ot f li O'mitS -ilh' •i s Pbem • q teadier di joI' t publication('!>• c . ^l-(^, i Lopejuit I' ('(u' , il'thi- s (t i (' i — -^ ^' ., f ' . li(f \0ill ne Ine jitsl oj matuii speciaspecial publications oj Hie ,fott o>miln <Histottca( o^ocietu. Cl atcn jot it!!! { / I ! 'out co-eduot, 61 SOUTH 8th STREET FORT SMITH, ARKANSAS 72901 2 LAW ENFORCEMENT FOR FORT SMITH 1051 -169$ Compiled by National Parks Service Staff at Fort Smith Historic Site The 32nd Congress on March 3, 1851, established a were a thing of the past; a stockade had been erected court for the Western District of Arkansas to be domiciled around the scaffold and the only persons admitted were in Van Buren, Arkansas. Though they were separate those with tickets. courts, the Eastern and Western Districts of Arkansas had During the fall of 1883 pressure began to mount for the same judge. congress to appropriate funds for the construction of From 1860, when Judge Daniel Ringo resigned, until better facilities for the court and jail at Fort Smith. The hue 1865, no Federal Court appears to have been in existence and cry raised by the Fort Smithites reached Washington. in the Western District. Records created priorto 1865 may Anna Dawes' article describing conditions in the U.S. Jail have been destroyed when the Union Soldiers recaptured was widely circulated, and on March 16, 1886, President Van Buren and burned the courthouse in February, 1863.1 Grover Cleveland signed a bill appropriating $125,000 for Congress on March 3, 1871, passed a law shifting the the construction of a courthouse and jail at Fort Smith. seat for the Court for the Western District from Van Buren Work on the new jail was started in January 1887, and on to Fort Smith, and providing for the appointment of a February 1,1888, the contractorturned the new jail overto judge for the Western District. Marshal John Carroll. On March 17 the prisoners in Cell The first session of the Court to convene at Fort Smith No. 1 of the old jail sought to burn their way out. Following was called to order by Judge William Story on Monday, the removal of the prisoners, the old jail was used for May 8, 1871, on thesecond floorof asmall rented building hospital purposes. The new courthouse was completed known as the Roger's Building. The lower floor of this during the fall of 1889, and Judge Parker convened his building was used as a post off ice. On November 14,1872, court in this building on February 3, 1890. The old court- a fire destroyed the Rogers Building, and the court on house at the "Garrison" was then turned into a hospital November 18 opened in the old barracks building, in the and offices. room known today as "Judge Parker's Court Room." The While Carroll was marshal forthe Court forthe Western court sat in this room for almost 18 years, until the erec- District an unusually large number of law enforcement tion of a new courthouse and post office in 1889. officers were slain in carrying out their duties. In the 20 The Court Clerk and the U.S. Marshal shared the room months between May 1886 and December 1887, nine dep- adjacent to the court. The grand and petit juries deliber- uty marshals, two possemen, and three guards were killed ated in the cramped quarters upstairs or in a small buiding by desperados. nearby. During the 1890's a number of outlaw bands terrorized Graft and corruption in the Court for the Western Dis- the Indian Territory, western Arkansas, and southern trict sparked a congressional investigation in the Spring Kansas. Although it was hard, dangerous work, the law- of 1874. Bills were introduced to abolish the Court for the men broke up these gangs. Henry Starr and a number of Western District. When Story resigned under fire, the his confederates were brought before Judge Parker. Senate failed to act. Pending the appointment of a new Although Starr was convicted of murder and sentenced to judge, Henry J. Caldwell presided over the Fort Smith death, his case when appealed to the Supreme Court was court.
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