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F. Legal Proceedings
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Governor Charles Brough appointed a seven-person committee, which was composed of Helena’s leading businessmen and government officials, to investigate the riot. The committee reported that the sharecroppers had been planning to massacre white plantation owners, which set the stage for their prosecution for first-degree murder.
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Trials of the Ware Six
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In the first weeks of November, four men were convicted of murder for killing W.A. Adkins. They were: John Martin, Alf Banks, Will Wordlow and Ed Ware. Two others, Albert Giles and Joe Fox, were convicted of murder for killing James Tappan. The transcripts of those trials, except for Ed Ware’s trial (which is not available), can be accessed here:
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Retrials of the Ware Six
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The juries that convicted John Martin, Alf Banks, Will Wordlow, Albert Giles, Joe Fox and Ed Ware failed to designate whether they had found them guilty of first-degree murder or second-degree murder, and thus, after Scipio Jones and George Murphy appealed those verdicts, the Arkansas Supreme Court ordered new trials. The six were retried in May 1920 and convicted a second time.
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The legal document that is accessible here is a copy of the brief Scipio Jones wrote to appeal those verdicts, along with an abstract of the testimony from the retrials. At the retrials, Scipio Jones had numerous sharecroppers take the stand, and thus the abstract provides a number of eyewitness accounts about the “Elaine Riot.”
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Trials of the Moore Six and Their Appeals
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In November 1919, Franks Hicks and five other sharecroppers--Frank Moore, Ed Hicks, J.C. Knox, Ed Coleman, and Paul Hall--were convicted of first-degree murder for having killed Clinton Lee. After they were sentenced to death, Scipio Jones mounted an appeal on their behalf. After the Arkansas Supreme Court turned down their request for a new trial, Jones asked the U.S. Supreme Court--via a writ of certiorari petition--to review the case.
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This document, Frank Hicks v. State of Arkansas, is the petition that Jones made to the U.S. Supreme Court on behalf of Frank Hicks, asking that it review his case. Hicks was tried separately from the other five men; Jones prepared a similar document for Frank Moore and the other four men who were tried jointly. The document includes the following papers:
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•Documents from the pretrial proceedings
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•A transcript of the November 1919 trial of Frank Hicks.
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•Scipio Jones’ appeal to the Arkansas Supreme Court for a new trial
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•The decision by the Arkansas Supreme Court to deny the appeal by Hicks and the five others convicted of killing Clinton Lee.
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•A petition by Scipio Jones to the Arkansas Supreme Court, asking that it reconsider its decision.
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The testimony in the trial of Frank Moore and the four others convicted of killing Clinton Lee was basically the same as it was in Frank Hicks’ trial. As such, Frank Hicks v. State of Arkansas provides a core legal record for both the Hicks’ trial, and the trial of Frank Moore and the four others.
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The Sharecroppers’ Affidavits
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In support of the appeals by the Moore six, Scipio Jones gathered affidavits from a number of sharecroppers. On October 11, 1920, the U.S. Supreme Court refused their petition for certiorari, and thus it seemed certain that the Moore six would be electrocuted.
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Habeas Corpus Petition by the Moore Six in Federal Court
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Arkansas Governor Thomas McRae set June 10, 1921 as the day that Frank Hicks, Frank Moore, and the four other sharecroppers convicted of killing Clinton Lee would be electrocuted. Scipio Jones managed to temporarily stay the executions by filing a petition for a writ of habeas corpus in Pulaski Chancery Court, which chancery judge John Martineau granted. After that stay of the execution was set aside by the Arkansas Supreme Court, Scipio Jones filed a petition for a writ of habeas corpus in the District Court of the United States, Eastern District of Arkansas. He argued that the trials of the six men had been “mob-dominated” and thus the six should be set free because they hadn’t had fair trials. Although the federal court denied the petition, it did authorize an appeal to the United States Supreme Court.
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The petition filed by Scipio Africanus Jones in federal district court included a number of exhibits and legal documents that provided a record of the criminal proceedings since their inception. The file that is accessible here doesn’t contain all of the exhibits in the peititon, but it does provide the papers that are most relevant. Specifically:
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•The argument by Frank Moore and the five others for habeas relief. (Scipio Jones actually filed one petition for Frank Moore and the four others convicted together at one trial, and a separate petition for Frank Hicks. But the two petitions were basically the same, and thus only the Moore petition is accessible here.)
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•The March 29, 1920 decision by the Arkansas Supreme Court, Hicks v. State, denying their initial appeal for a new trial.
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•Letters and resolutions from various Helena civic groups to the governor of Arkansas demanding that the sharecroppers be executed.
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•The proclamation by Thomas McRae setting June 10, 1921 as the execution date.
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•The decision by the Arkansas Supreme Court setting aside the initial stay of the execution by the chancery judge, John Martineau.
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•A second proclamation by Thomas McRae setting September 23, 1921 as the execution date.
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•The “demurrer” filed by the state of Arkansas in response to Scipio Jones’ petition for a writ of habeas corpus in federal court.
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•The “response” filed by state penitentiary warden E.H. Dempsey.
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•The order by federal judge John Cotteral denying the sharecroppers habeas relief, but authorizing an appeal to the U.S. Supreme Court.
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The habeas petition also contained all of the affidavits from the sharecroppers.
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The Posse Members’ Affidavits
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As Scipio Jones prepared to take the case to the U.S. Supreme Court, he obtained affidavits from two of the posse members, which supported the narrative of a massacre told by the sharecroppers.
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Habeas Appeal to the U.S. Supreme Court
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The record on appeal filed by Scipio Jones for his appeal to the U.S. Supreme Court was basically the same set of papers that supported the sharecroppers’ habeas corpus petition in federal court, and thus isn’t reproduced in full here. This file simply provides two brief excerpts from the record on appeal: the index, and a brief summary of the prior habeas proceedings in federal court.
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Both Scipio Jones and the NAACP asked Moorfield Storey, an attorney who was president of the NAACP and a known scholar in Constitutional law, to take the lead in arguing the case before the U.S. Supreme Court.
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The Decision of the U.S. Supreme Court
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