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WHEN THERE WAS NO GOD WEST OF FORT SMITH
By Alvin Rucker
Part 1
Jude Isaac Parker's Court; Its Rise and Fall
When there was no Sunday West of St. Louis--no God west of Fort Smith--one Oklahoma was the last frontier for the outlaw--when the Bucks and the Starrs, the Dalton's and the Doolins, the Blue Ducks, Cherokee Bill and the Cooks ruled the land—when the cry of decent men, red and white alike, was for an iron-hearted, steel-willed, two-fisted fighter for the right, a battler strong enough to conquer all the forces of murder, arson, robbery, judge Isaac Charles Parker stepped to the helm and the battle of Armageddon was on. His was the first law in Oklahoma, his court the hardest, most relentless in all the history of American frontiers.
Alvin Rucker, Oklahoma writer, has made a study of the court and its methods in its war on outlawry and has written its history. Herewith is the first chapter.
John Childers’ soul’s gone to hell; I done heerd de chains clankin’,” screamed an ashen-faced Negro woman as she hysterically waved her arms and swooned in the center of a crowd of 2,000 persons who, like herself, had just witnessed the ghastly sight of a human body dropping through the trap door of a gallows.
The orientation of John Childers’ soul, as described by the frantic Negro woman, might be questioned by an agnostic but that a supernatural occurrence attended the violent liberation of John Childers’ soul had from his body, none present would ever deny. The sky was cloudless, save one small, black splotch that floated above the scene. As the trap door fell from beneath John Childers’ feet a clap of thunder shook the earth; thousands of electric sparks flashed from the gallows and large drops of rain, for an instant, fell upon the gallows and the crowd.
If John Childers had been of noble birth in pagan days, the celestial disturbance which attended his soul’s flight would have been understandable, for in those days the heavens themselves blazed forth the death of princes. But Childers was of ignoble rank, and he departed this earth August 15, 1873, for the crime of murder. He was the first of nearly 100 men to be hanged on that gallows for crimes committed in what is now Oklahoma, in the days when there was no Sunday west of St. Louis, no God west of Fort Smith. Some of the affrighted spectators interpreted the celestial cannonade, pyrotechnics and bedewing as God’s wrathful condemnation of the prologue to the swelling play that was being unfolded and which was to continue for 23 years. Others regarded the thunder, lightning and rain as God’s adumbration of the approaching battle between right and wrong in Oklahoma—the Armageddon of the west.
The battle to wrest Oklahoma from the host of evil was long and not easily won. Childers, himself, as he stood on the trap door of the newly erected gallows, with the noose about his neck, revealed the temper of the men who composed the host of evil in Oklahoma during the 23 years beginning with 1873. In the throng of sightseers Childers recognized many of his boon companions in crime and to them he waved farewells. As he waved, a reprieve was offered to him if he would name his accomplices. The offer or reprieve was made by the hangman, and Childers’ reply was: “You brought me out here to hang me—then why the hell don’t you go ahead and do it?” The hangman pulled the lever’ Childers’ body shot through the trap and his soul winged its way to eternity.
Childers’ defiance was not a sporadic instance. It has nearly as much duplication as the gallows had victims. Crawford Goldsby, alias Cherokee Bill, as he stood on the trap door with the noose about his neck, was asked if he had anything to say before being launched into eternity. “I came here to die—not to make a speck,” was his reply.
That all of the iron will was not on the side of wrong, was evidenced countless times by the more than 200 United States deputy marshals who scoured Godless Oklahoma collecting evidence and arresting those who had an innate or cultivated thirst for human blood.
Sixty-five United States deputy marshals were shot to death in Oklahoma while operating out of Judge Parker’s court in the battle between right and wrong, before right emerged victorious.
An idea of the determination shown by the marshals and their deputies in gathering evidence against murders may be gleaned form the fact that John Spencer, deputy, allowed himself to be twice lowered, head first, into a den of rattlesnakes in the bottom of a deep crevice in the rear of a cave on the top of the Arbuckle mountains in southern Oklahoma.
Spencer was after the skeletons of a husband and wife who had been murdered and their bodies carried to the top of the mountains, where they had been thrown into the crevice in the back of the cave.
When Spencer, with a rope about his feet, was lowered head downward, the first time, he did not know that rattlesnakes had established their home in the two skeletons. As his hands and head came in contact with the skeletons Spencer heard the hissing and rattles of the snakes.
“Pull me out, for God’s sake,” he screamed.
Spencer, limp with fright was hauled up to the cave floor. A few minutes later he had regained his nerve, and revolver in one hand and a lantern in the other he permitted himself to be lowered, head downward, a second time.
As his swaying body neared the bottom of the crevice, Spencer fired at the shining eyes of a snake that was rearing its head to strike. The explosion extinguished the light, and the snake in its death agony coiled itself around Spencer’s life arm.
Spencer retained his nerve. He called to his companions to throw down a sack. They threw down two. Spencer shook and drove the snakes from the skeletons sacked up the bones and clung to them until he was hauled safely to the top. The dead snake was still wrapped around his arm when he was brought to the top.
He produced the bones in Judge Parker’s court during the trial of Martin Joseph the evidence resulting in the confession and hanging of Joseph.
Such were the conditions that prevailed when Judge Isaac Charles Parke reigned at Fort Smith, Arkansas, as judge of the federal court of the western district of Arkansas with criminal jurisdiction over what is now Oklahoma. Judge Parker’s court was without a model and without a shadow in criminal jurisprudence in the United States.
Although the court was legally named “the United States district court for the western district of Arkansas,” it possessed no criminal jurisdiction in capital punishment cases originating in Arkansas, except murder that might be committed on government owned property. Its criminal jurisdiction during its heyday embraced all of what is now Oklahoma except the three counties constituting the Oklahoma panhandle—Cimarron, Texas and Beaver counties and its jurisdiction was original, exclusive and final. Until May, 1889k, there was no appeal from Judge Parker’s court in criminal cases. Until May 1, 1889, the supreme court of the United States did not have power to review the findings of Judge Parker’s court, and to that extent Judge Parker’s court was greater than the supreme court of the United States, for it possessed both original and final jurisdiction in criminal cases.
The path followed by the law in its advance into Oklahoma is easily traced. Columbus discovered America in 1492, and made general claim to the area in behalf of Spain. LaSalle descended the Mississippi in 1682 and in behalf of France made specific claim to the Mississippi river and all the area drained by its tributaries. Four years later DeTonti founded Arkansas Post, a French military establishment near the mouth of the Arkansas River. New Orleans was founded in 1718 by the French, and the west of military government was moved to that point. Ste. Genevieve, on the west bank of them Mississippi river, in what is Missouri was founded by French traders in 1735. In 1763 Franck ceded all of the Louisiana area to Spain, and in 1974 St. Louis, sixty miles south of Ste. Genevieve, Missouri was founded by French traders. Spain secretly ceded the Louisiana area back to French in 1600 and continued her military government, as part of the secrecy. England discovered the secret transactions and Napoleon Bonaparte, representing France, sold the area Thomas Jefferson, representing the United States, in 1803-04 to prevent the Louisiana area from falling into the hands of the English. On March 27. 1804, the great area of Louisiana was divided, what is now the state of Louisiana being organized into Orleans Territory, the remainder being referred to as the District of Louisiana, Missouri Territory, with St. Louis as the capital, and Arkansas as one county, of which Arkansas Post was the county seat carved out in 1812, and during that same year Orleans Territory, under the name of Louisiana, was admitted to statehood. Four years later Fort Smith was established in what is no Oklahoma by General Thomas A. Smith of the United States army. The original fort was erected in what later became known as the Choctaw Nation of Oklahoma, and was about 100 yards, west of what is now the Oklahoma-Arkansas boundary line. Arkansas Territory was detached from Missouri Territory in 1810 and organized into Arkansas Territory with Little Rock as the capital, and all of what is now Oklahoma (Texas, Cimarron and Beaver counties excepted) was made a county in Arkansas. In 1812 Spain and the United States agreed upon the Red River and the one hundredth meridian as being the boundary lines between Mexico and the United States and thus the southern and western boundary lines of what is now Oklahoma were formed. In 1819 the United States began its fixed policy of moving the Indian population from eat of the Mississippi River into what is now Oklahoma, and to that end by 1845 most of the Indians composing the Five Civilized tribes had been settled in the Oklahoma area.
Oklahoma remained as a county in Arkansas from 1819 to 1824, when in accordance with Indian treaties, the Oklahoma area was detached from Arkansas and definitely set aside for the exclusive habitation of the red men and to be under the rule of their own tribal government. The first boundary line between what is now Oklahoma and Arkansas was established in 1824. It began about 40 miles west of the southwest corner of Missouri and extended to the Red River, passing a little east of what is now Muskogee.
When Congress passed the "Indian intercourse act," June 30, 1834, the shadow of the first federal law fell across Oklahoma. The "Indian intercourse act," was the harbinger of Judge Parker's court. It provided that the so-called Indian country "shall be and hereby is attached to the federal judicial District of Arkansas," and that "all laws within the exclusive jurisdiction of the United States shall hereafter applied, except where the crime is committed by one Indian against the person or property of another Indian." On June 15, 1836, the Territory of Arkansas was admitted to statehood, and the entire state was designated as one federal judicial District. In 1849, gold was discovered in California. Thousands of adventurers massed at Fort Smith preparatory to beginning the Long March under military escort up the South Canadian river, across Oklahoma, and thence onward to the gold fields.
The increase of white population along the boundary line between Arkansas and Oklahoma materially increased the federal court business and on March 3, 1851, Congress divided the federal court district of Arkansas into two districts, the western district embracing only nine counties, but including the enormous area of all of Oklahoma, with the exception of what are now Cimarron, Texas and Beaver counties. The famous court was born and awaited the man who was to rule it and its jurisdiction with an iron hand. The first court seat was at Van Buren, 5 miles down the Arkansas River from Fort Smith and there it continued until by congressional act of March 8, 1871, it was moved to Fort Smith, Arkansas. From that court's creation in 1841 to 1864, it was provided over by Judge Daniel Ringo, who was also Judge of the Eastern Arkansas District Court. In 1865, The court received a Judge for its exclusive use, in the appointment of Henry C. Caldwell, who occupied the bench until a year after the court was moved to Fort Smith, March 3, 1871. From the time of the court's creation until the end of Judge Caldwell's tenure in 1872, the court made little use of its tremendous power, limiting its work principally to whiskey cases, prior to the Civil War, and to treason and confiscation of property cases you immediately following the Civil War. To what extent the court functioned during the Civil War period is not known, as the records of those four years are missing. Judge Caldwell was succeeded by William Story, a youthful lawyer, appointed to the judgeship by President Grant. Story’s' reign of two years was attended by charges of corruption, incompetence and bribery. Although court costs during 14 months of his arraignment mounted to the enormous sum of $400,000. Witnesses summoned from hundreds of miles away were often unable to collect their witness fees, and were forced to sell their horses and walk home. During Story's reign, crime was rampant in Oklahoma and the condition gave rise to the phrase, "there is no Sunday west of St. Louis--no God west of Fort Smith." Charges of receiving bribes were preferred against Judge Story and to avoid impeachment proceedings in Congress, he resigned in July 1874, and there was a strong congressional sentiment in favor of abolishing the court.
Under treaties with the Choctaws, the Chickasaws, Cherokees, Creeks and Seminoles and other Indians settled in what is now Oklahoma, the Indians were to have the country for their exclusive use and no whites, except artisans and intermarried Indian citizens were to be allowed in the area. The Indians were to be permitted to have their own legislatures in courts. In 1871 Congress projected a new alum, Railroad Building, and to the Oklahoma situation. The Atlantic and Pacific Railroad was built from the Missouri line to Vinita, Oklahoma, and 1871, and in 1875 the Missouri, Kansas and Texas Railroad was built from the Rated River north to the Kansas line, and other railroad building projects were launched over the opposition of the Indians. The railroad building work attracted thousands of whites who entered as part of the construction crews. Tough railroad camps and towns developed all along the railroad lines, and notwithstanding the introduction of liquor was prohibited by federal law, and intoxicants flowed freely. Oklahoma became a rendezvous for horse thieves and all other criminal types from the states. The Indians repeatedly protested against the illegal invasion of whites and the introduction of whiskey, which corrupted the Indian youths, but as the Railroad represented the inexorable march of civilization, and the primitive conditions of the country rendered difficult the apprehension of liquor vendors and criminals, little was done to comply with the Indians protest. The condition was intensified by the weakness of Judge Story. Under the federal law white persons who committed a crime against other whites or against Indians or Indian property, were subject to the jurisdiction of the federal court at Fort Smith. An idea of the severity of the federal statutes applicable to Oklahoma, during the reign of Judge Parker's court, may be gained from the fact that a white man convicted of stealing a horse was subject to $1000 fine or fifteen years imprisonment at hard labor in the penitentiary. Obstructing railroads in Oklahoma was punishable by imprisonment at hard labor not to exceed 20 years "provided that if any person is killed as the result of said obstruction, the person or persons placing said obstruction shall be deemed guilty of murder." Willful injury to telegraph lines was punishable by a maximum fine of $500 or one-year imprisonment.
Following the forced resignation of Judge Story in July 1874, no successor was named until March 19, 1875, when President Grant appointed Isaac Charles Parker, Judge for the United States District Court for the western district of Arkansas with criminal jurisdiction over what is now Oklahoma. Judge Parker opened his court, and the battle of Armageddon was on. It was destined to rage night and day, under his leadership, for more than twenty-one years. Before the battle ended Judge Parker had docketed 13,490 cases; had imposed sentences upon man thousands 454 defendants, had tried 344 defendants charged with offense is punishable with death; had sentenced 172 to die on the scaffold, and had hanged 88 of those sentenced, for crimes committed in Oklahoma. For more than twenty-one years, during the midnight of murder, are some, whiskey, robbery and rape, he stood at civilization’s outpost and in brave and willing hands held aloft below all of his country.
He reigned until the Bucks and Starrs, the Daltons and Doolins, Blue Duck Cherokee Bill and the Cook's had been entombed in prison or graves. On November 17, 1896 he died or broken-hearted man, not because of remorse, for he knew that he had fought a good fight for civilization, but because he had been stripped of his great jurisdiction, and his once great legal kingdom had been reduced to a mere handful of counties, not one of which was in Oklahoma. He and his famous criminal court died simultaneously. The last vestige of his jurisdiction over Oklahoma was stripped her from him, September 1, 1896, when J. G. Hanmersly, court Crier, announced that, "the honorable district and circuit courts of the United States for the western district of Arkansas, having criminal jurisdiction over Oklahoma, are now adjourned for ever." The court Crier is sounding the death knell of the famous criminal jurisdiction, sounded Judge Parker's death knell, for two months and seventeen days later Judge Parker was dead.
Extracted from Alvin Rucker files Oklahoma Historical Society, Oklahoma City, Oklahoma.