Myths and Legends Surrounding Judge Isaac C. Parker
In the twentieth century, as the story of "Hanging Judge" Isaac Parker and
the Fort Smith court were handed down, the Judge and the events of his court
gained mythic stature. Many of the books written in the 1950s and later
treated the legends, folktales, and myths. Here are facts behind some of the
myths and misconceptions.
For twenty-one years, Judge Isaac C. Parker held the bench of the U.S. Court
for the Western District of Arkansas. His tenure was unique in the history
of the federal judiciary; while most U.S. district judges toiled away on
civil cases, Parker heard thousands of criminal complaints involving
disputes and violence between Indians and non-Indians. He sentenced 160
people to death, and for fourteen years he did so while the condemned had no
right of appeal. In truth, during Parker's tenure on the bench, he tried
over 17,000 cases and sentenced 160 people to the gallows. This was less
than .01%. Hardly a record for a Hanging Judge.
Why did Judge Parker hand down so many death sentences?
According to federal law, if the jury returned a verdict of guilty for rape
or murder, the judge was required to hand down a death sentence. This
mandatory death sentence remained federal law until 1898. In several cases
at Fort Smith, Judge Parker petitioned the president on behalf of defendants
sentenced to death. The nature of the court's jurisdiction provided for an
unusually large number of criminal cases, including those with the death
penalty.
When was he first called a "Hanging Judge?"
The earliest that the phrase 'Hanging Judge' appears in reference to Judge
Parker is in the 1920s, nearly 30 years after his death.
Did Judge Parker watch the executions?
No. In fact, often he would recess the court prior to an execution and
either retire to his chambers or go home. The U.S. Marshal was the official
in charge of supervising the executions.
Did Judge Parker really cry after handing down death sentences?
Available evidence indicates that it is highly unlikely that the Judge cried
when sentencing men to death.
Did the Judge really end his death sentences by stating "..Hang by the neck
until you are dead, dead, dead."
One of the most persistant myths about the judge is that when ending death
sentences, he would repeat the word 'dead' three times. If you read some of
the death sentences he handed down, you will find that this is simply not
the case.
Is this the same 'Hanging Judge' as the one in Texas?
Judge Parker often gets confused with 'Judge' Roy Bean of Langtry, Texas.
However, the only thing the two men have in common is that they have been
depicted by Hollywood as 'Hanging Judges.' In actuality, Bean was only a
justice of the peace, and not only did he never sentence anyone to death by
hanging, he lacked the authority to do so. Judge Parker, as a federal
district judge, was appointed by the President, and his authority was
established by the Constitution.
Was Judge Parker the youngest federal judge?
Many books written about Judge Parker claim that he was the youngest federal
judge when appointed in 1875. When appointed to the bench at Fort Smith, he
was 36 years old. His predecessor, William Story, was 28 years old when he
was appointed in 1871. The youngest federal judge was Thomas Jefferson
Boynton, who was 25 when President Lincoln issued him a recess appointment
to the U.S. District Court for the Southern District of Florida in 1863.
Did Judge Parker sentence a man named Jose Gonzales to be executed on the gallows?
No. A persistent piece of folklore is the so called 'death sentence of Jose
Manuel Miguel Xavier Gonzales.' This legend plays on Judge Parker's speaking
style and includes racist statements. Records list no such man as ever
having appeared before the court. This death warrant is an excellent example
of how the legend of the Gallows and the Hanging Judge has taken on a wide
variety of epic forms.
Didn't Judge Parker's court close after his death?
The federal court for the Western District of Arkansas still exists today,
holding court in the Judge Isaac C. Parker Federal Building, three block
from the National Historic Site. Today the court has federal jurisdiction
over the western counties of the State of Arkansas. The Indian Territory
jurisdiction of the court came to an end on September 1, 1896; thus ending
the unique nature of the court.
Submitted By Dennis Muncrief - June, 2003
