Last updated: September 30, 2021
Article
Federal Court Overview
Federal Court: Western District of Arkansas & Indian Territory 1872-1896
General Background Information
The Federal Court for the Western District of Arkansas was the court in which Judge IsaacC. Parker presided. The court had jurisdiction over all of Indian Territory as well as 13 counties in western Arkansas. It was the only court with jurisdiction over Indian Territory from 1851 to 1883 (after 1883 jurisdiction was divided among Arkansas, Texas, and Kansas). Before Parker arrived in 1875, the court was riddled with corruption and ineffectiveness. Within eight days of his arrival, Judge Parker had opened court, hired a new court clerk, approved the hiring of deputy marshals, ordered witnesses to testify, and reopened cases of unsolved murders. Most of Parker’s workload was from the Indian Territory. The two main cases were of non-Indian’s violating Indian sovereignty by grazing their cattle or living illegally in Indian Territory and illegal liquor brought into the Indian Territory.
Criminal Case Procedure
The Process of Justice
Hollywood and Western writers have left the impression that justice in "Judge Parker's Court" was swift and harsh. This stereotype of frontier justice distorts what was a complicated and important process, based on the Constitution and federal law. Far from being the center of the court, Judge Parker was one member of a much larger staff at the federal court.
Below is an outline of the steps that a criminal case would follow, from start to finish. These steps reflect federal legal procedure of the late 1880s; in the last century the federal legal system has continued to evolve.
If you were arrested in the Western District of Arkansas on criminal charges....
Step #1: Complaint Filed
An individual (usually a deputy marshal) swears from "reliable information" in his possession that a crime has been committed. He must list who the suspect is, when and where the crime occurred and provide a description of the crime. The complainant asks for an arrest warrant to be issued ("I pray a writ").
In some criminal case files there are letters written by victims of crimes. These would serve as formal complaints and begin the process of arrest and trial of the suspect.
Step #2: Writ of Capias
Once a complaint has been received, the US Commissioner can issue a writ of capias (arrest warrant). The writ lists the suspect, charge and date when the crime occurred. The capias directs the US Marshal to apprehend the suspect and bring him/her to the US commissioner to answer the charge. The deputy marshal must certify that the writ has been served. This will dictate the fees he will collect.
A deputy in the Indian Territory could arrest without a warrant. This practice was not supposed to be a usual one and at times it resulted in serious complaints against the deputies for arresting without just cause. But in situations where a suspect might flee, immediate arrest, either with or without a warrant, was deemed a necessity.
Deputy marshals also collected evidence and found witnesses. A document indicating what each witness would state and the character of those witnesses could be completed.
Step #3: Lodged in Jail
This is basically a measure to hold you in a secure place until you appear before the US commissioner. Bail is issued in some cases.
Step #4: Proceedings before U.S. Commissioner
Today this is the US Magistrate (judge with limited functions and powers). Commissioner can determine that there is not enough evidence and ignore the charges. In that case, you are free to go.
Witnesses were brought before the US commissioner and testified under oath regarding the crime incident. The facts each witness stated were written down and then the witness signed his/her name indicating their agreement with the facts.
If you plead guilty before the US commissioner, he can sentence you to jail or fine
Step #5: Grand Jury
If you plead not guilty, the case goes before a grand jury. You may be lodged in jail or be allowed out on bond until the grand jury heard the case. The grand jury can indict or ignore. The indictment of a grand jury was called a true bill and stated the suspect, charge, date and place of crime and a description of the crime. If indicted, your case will go to a jury trial. If ignored, you are free to go.
Step #6: Jury Trial
Jury Trial, where your case would be heard by a petit jury. Your defense attorneys would argue your side of the case, and present witnesses and facts in your defense. The U.S. District Attorney or one of his assistants would prosecute the case against you. Juries in the Western District of Arkansas were all male and all drawn from Arkansas and not Indian Territory. However they did have both white and African-American members, but no Indians. This was one of the big complaints about the court from Indian Territory: "We are not judged by a jury of our peers."
The jury can declare you guilty or not guilty, or the jury may not reach a decision, in which case you would be retried. The verdict was written on the reverse side of the indictment. If not guilty, you are free to go.
Step #7: Sentencing
If guilty, you will be sentenced by Judge Parker. Criminal statutes generally provide a maximum sentence. The judge could determine if he would impose a punishment of the maximum sentence or be more lenient. For rape or murder convictions, the mandatory sentence was death. All federal executions in Fort Smith were carried out by hanging. For other crimes, the sentence could vary from monetary fines to jail time. Those sentenced to more than a year in prison were transported to facilities in other places: Little Rock, Detroit, Illinois, Ohio, and New York.
A mittimus was the court order which sent a convicted person to prison. It was often certified on the reverse side, either that the prisoner had been committed to jail or the penitentiary.
A death warrant was used in capital cases and also required certification.
Glossary of Federal Court Employees
A great number of people served the federal court in many different roles. Below are definitions of many of the positions of the court.
Assistant Chief Deputy - Assists the Chief Deputy. See Chief Deputy for duties
Assistant Court Clerk – Assists Court Clerk. See U.S. Court Clerk for duties
Assistant District Attorney - Tries cases, and assists the U.S. District Attorney
Assistant Jailer - Assists Jailer. See Jailer for duties.
Bailiff - Attended court while it was in session, waited on grand and petit jurors, maintained order in the courtroom and carried out any other tasks assigned by the judge or U.S. Marshal. Usually, the court employed more than one bailiff at a time. The judge could also employ his own private bailiff.
Chief Deputy - A deputy placed in charge of a district, or over a small group of deputies
Contractor - Someone who contracted with the federal court to provide a service
Cook - Cooks meals for the jail, or a deputy
Court Crier - Announced the opening and closing of court as well as all cases brought before the judge
Creek Lighthorse - Creek tribal police
Chickasaw Police - Chickasaw tribal police
Day Guard - Worked the day shift in the jail, under the employment of the Jailer
Deputy Marshal - Law Officers who enforced federal law in within the court's jurisdiction. Under the supervision of the U.S. Marshal.
Deputy U.S. Court Clerk - Assisted the U.S. Court Clerk. See U.S. Court Clerk.
District Judge - See Judge
Doorman - Worked at the front door to the courthouse
Guard - Worked in the jail, under employment of the Jailer
Guard to Detroit - Guard who accompanied a prisoner transfer to Detroit, Michigan.
Guard to Illinois - Guard who accompanied a prisoner transfer to Illinois
High Sheriff - See Sheriff
Indian Police - Tribal police under the control of the Office of Indian Affairs
Interpreter - Contacted to translate court proceedings when needed
Jailer - Responsible for the care and upkeep of the U.S. Jail. Employed by the U.S. Marshal.
Jail Guard - Under the supervision of the jailer; provided security in the jail
Jail Physician - Doctor contracted or employed to provide medical services to the prisoners
Jail Staff - Employee of the jailer; worked in the Jail office
Judge - Presided over trials; instructed juries; sentenced convicted defendants. Appointed by the President.
Law Officer - See Sheriff
Lawyer - Responsible for defending suspects against the charges brought forth by the government. If a defendant could not afford an attorney, one would be appointed by the court.
Lighthorse - Tribal police
Posse Com. - Short for posse comitatus; see Posse.
Posse - A person or persons hired by a deputy to assist in carrying out his duties. Usually a short term position, hired and supervised by an individual deputy.
Post Office Inspector - Officer of the U.S. Postal Service
Railroad Detective - Detective employed by a railroad company
Revenue Officer - Agent enforcing revenue laws, especially investigating moon shining
Seminole Police - Seminole tribal police
Sheriff - Local law enforcement officer, not employed by the federal court
Special Deputy - See Deputy and Posse. Often a short term officer, deputized under special circumstances
Stenographer - Responsible for keeping a written record of court proceedings
Turnkey - Jail employee responsible for locking down individual cells. Held the jail keys and regulated access in and out of the jail wing built in 1888.
U.S. Commissioner - Took complaints, issued warrants, writs and other paperwork, and initiated arraignments and indictments. A judicial district could have numerous commissioners located at different towns. Today this position is known as the U.S. Magistrate.
U.S. Court Clerk - Chief record keeper of the court. At times, employed assistants that were called Deputy Court Clerks.
U.S. District Attorney - Prosecuted criminal and civil cases on behalf of the United States. Employed one or more assistants.
U.S. Marshal - Chief financial and law enforcement officer of the court. The primary function of the marshal was to support the federal court. Usually employed a chief deputy and several deputies to work for him. Duties of the U.S. Marshal included overseeing any deputies, handling all prisoners, disbursing all monies, including paying fees and expenses of the court clerks, U.S. Attorneys, jurors and witnesses; renting the courtrooms and jail space; hiring bailiffs, criers and janitors. Appointed by the President.
Vocabulary
Arraignment: a function in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead “guilty” or “not guilty.”
Attorney: a person who is qualified to defend or prosecute court cases.
Bailiff: A person, who attends court while it is in session, waits on grand and trial jurors, maintains order in the courtroom, and carries out any other tasks given by the judge or US Marshal.
Brief: a written statement that lawyers for the defense and the prosecution give to the judge that explains why the judge should rule in favor of that lawyer’s client.
Commissioner: the person who takes complaints, issues warrants, writs and other paperwork, and initiates arraignments and indictments.
Counsel: a lawyer or team of lawyers
Court: an agency authorized to settle legal disputes.
Court Clerk: an officer appointed by the court to oversee the administrative duties of the court.
Court Crier: a person who announces the opening and closing of court, as well as all cases brought before the judge.
Court Reporter: the person who produces a word-for-word document of what is said in court.
Courtroom Deputy or Clerk: helps the judge keep track of witnesses, evidence, and other things related to the trial.
Cross Examination: questions asked by a lawyer of a witness called by the opposing lawyer.
Defense Attorney: a lawyer qualified to defend a person accused of a crime. Defendant: the person accused of a crime.
Direct Examination: questions asked by lawyers to witness they called to the stand to bring out evidence.
District Attorney: the lawyer who proses cuts criminal and civil cases on behalf of the United States.
Evidence: testimony, objects, or documents that are presented in court to persuade the judge and/or jury to decide the case in their favor.
Felony: a crime that if convicted, the penalty is more than one year in prison.
Grand Jury: a group of people who listen to evidence of criminal activity then decide whether there is enough evidence to file an indictment.
Hearsay: evidence that a witness did not directly see or hear but heard about it from someone else. Hearsay is usually not admissible as evidence.
Indictment: the charge stating that there is enough evidence to justify a trial
Jailor: the person responsible for the care and upkeep of the US Jail.
Judge: the government official with the authority to preside over trails, instruct juries, and sentence convicted defendants.
Jurisdiction: the area over which the court has authority to decide cases.
Lawyer: a person qualified to defend or prosecute court cases.
Marshal: chief financial and law enforcement officer of the court. The marshal usually employs a chief deputy and several deputies. They:
- serve subpoenas, summonses, writes, warrants, and other processes issued by the courts,
- make all arrests,
- handle all prisoners,
- disburse the money, paying the fees and expenses of the court clerks US attorneys, jurors and witnesses,
- takes care of details by making sure that prisoners are present, jurors are available, and witnesses are on time.
Plaintiff: the person who starts or files a complaint or action.
Plea: the defendant’s statement of “guilty” or “not guilty” of the crimes s/he is accused of committing.
Prosecute: to charge a person with a crime and to seek a conviction.
Testimony: evidence from a witness who is under oath to tell the truth.
Trial Jury: a group of people who hear evidence presented by both sides at a trial and then decide based on the facts whether the person charged with the crime is guilty or not guilty.
Verdict: the jury’s decision.
Witness: a person called upon by either side to give testimony at a trial.