Heroes & Outlaws

In 1859, killing an Indian in the wild territory of Western Arkansas was generally believed to be justified. It was unusual for someone who committed this deed to be charged. People thought it best to acquit or worse, not even bring such a killer to trial. Think of the old saying, “The only good Indian is a dead Indian.”

In 1859, killing an indian in the wild territory of Western Arkansas—like Van Buren, pictured here—was considered to be justified.

Considering the facts of John Raper’s case, even his arrest would surprise a lot of people. Nevertheless, he had a jury trial and was found guilty of killing John Rogers, a Cherokee.

Raper lived and worked on his farm in Arkansas not far from the Indian Territory line. One afternoon, his young son went to visit a friendly Cherokee family in the Indian Nation. That night he was attacked by several Indians and brutally murdered. It would be the next morning before Raper heard of the killing. He was also told that John Rogers was the one who murdered his son.

Raper hurried to the spot and found the terribly mutilated remains of the boy. While kneeling beside the body, deep in grief, the Cherokee John Rogers rode by whooping, howling and hollering. He then reined in his horse, dismounted and headed for a nearby house. Upon spotting this man who he believed had slain his beloved son, Raper raised his rifle and shot him dead.

A quick jury trial held at the Van Buren courthouse December 1, 1859, resulted in a conviction of Raper. Eight days later, the judge sentenced him to hang and set a date of April 27, 1860, for his execution. People were incensed. A large number of leading citizens in Van Buren, including the judge who had held the trial, signed a petition. It was forwarded to President James Buchanan along with information telling exactly what had happened that led up to Raper killing John Rogers.

The president commuted Raper’s sentence to life imprisonment at Little Rock. The following year, Raper and all other prisoners held in Little Rock were released by the Confederate soldiers. It is thought that he entered the southern army and was killed in battle.

Plenty of men were hanged on the scaffold at Van Buren. Judge Isaac Parker, the man who would gain a reputation as the “hanging” judge wouldn’t arrive in Fort Smith until 1875.

Judge Isaac Parker's courthouse, which still stands today as part of the National Historical Monument in downtown Fort Smith, Arkansas.

The term Hell on the Border was originally coined by outlaws of the Southwest. The jail quarters at Fort Smith were horrendous. As many as 200 prisoners at a time were kept in two inadequate basement rooms beneath the old stone barracks which was used for the court. Young, old, sick and well, hardened criminals and first offenders, all were crammed into these rooms together. In 1886 money was appropriated to build a three-story brick structure. The building was completed in 1889, adjoining to the court building immediately to the south.

—Velda Brotherton is an award-winning nonfiction author, novelist, and a founding partner of Saddlebag Dispatches. She lives on a mountainside in Winslow, Arkansas, where she writes everyday and talks at length with her cat.