The Saline Courier

Local attorney shares memories of colleague, friend

- Editor’s note: This reflection was written by Jimmy “Ray” Baxter, Ted Boswell’s friend and a local attorney.

Lloyd England Hall was an auditorium, but most importantl­y, it was the only air-conditione­d building in that part of Camp Robinson devoted to The Arkansas Boys State encampment in August of 1969 when I just heard Ted Boswell speak there.

It was only a year since his first plunge into Arkansas politics when he almost captured the Democratic nomination for governor. If Ted Boswell had only garnered just about 100 more votes in 1968, it would have been Ted who defeated machine politics in Arkansas instead of Dale Bumpers in 1970. Both Ted and Dale Bumpers satisfied that need this state was experienci­ng for a fresh face, that raving for an Arkansas version of The New South. He came so, so close, almost there, but it never even occurred to him to call and ask someone to “find” him the necessary votes to get him over the edge. Many times, I have wondered what would have happened had Ted won that race, what could have and would have been done for the better for the Saline County that Ted loved so much?

That day in August of 1969, Ted had not one hair been out of place in his carefully and meticulous­ly coiffed salt and pepper hair, just like there never would be any time I saw him before a jury. Indeed, Ted believed that every detail, including his appearance was important, so important even for him to comb his hair during an in-chambers hearing out of the sight of the jury.

Ted Boswell was also my loyal friend, just as he was loyal to a local family that had a terribly injured son. The family had a lawsuit, but one that was grounded on such shaky liability that no other lawyer would dare take it on a contingenc­y fee basis. Ted took that case and worked such magic in the courtroom to achieve a verdict for $450,000. The corporate defendant that had the much better facts on liability, appealed and got a reversal, only to then get a second chance for those superior facts to prevail before a Saline County jury. Instead, they got hit with a second Plaintiff verdict this time for $1.1 million. He was the only Plaintiff lawyer I ever saw who could take inferior facts and get a firstclass result.

However, Ted’s real claim to courtroom fame came in a criminal case in the middle 1970’s, when he defended a Hot Spring County native who was charged with capital murder. This case was carefully followed by all the state media, print and television. I knew that Ted had won when I saw a picture on the front page of The Arkansas Gazette of Ted in a big hug with one of the state’s star witnesses who was about to testify. I knew that if that lady was that friendly outside the courtroom, that she could not be all that unfriendly inside on the witness stand. Sure enough, Rodney Coston was found “not guilty’’ and Ted Boswell’s already sound political image statewide was now just as sound statewide as a trial lawyer. Indeed, no reputation was more richly deserved.

I like to think that I had sound enough judgment to listen to and learn from any craftsman that good at his chosen profession. As a young lawyer, I would close my office at 315 N. Market in Benton each afternoon only to journey to Bryant where I would listen to and learn from Ted, Bucky Ellis, and David Smith, who collective­ly knew more about the profession I was trying to learn than was available from any other source that was accessible to me in that day and time. Dave and Bucky worked for Ted in those days, but no one could tell who worked for who in that breakroom. Many lessons were taught, and much was absorbed in an environmen­t in which even I kept quiet. Almost every story told seemingly taught me a needed lesson. There is no telling how many times, I have wished for something similar for my young son and law partner. These were sessions that I would take

nothing for. Indeed, no one that I have ever known could have matched that trilogy for talent; however, to whom the most attention was paid, no question about it. He would not have had it any other way either.

Many lessons were learned like to always be yourself before a jury. Never put on even a semblance of an act, but be as genuine as possible and never back up or ever apologize for representi­ng any client but rather be their champion regardless of the facts.

Perhaps the most important lesson to have been learned from Ted was to remember that nice guys always finish first. Ted was always the most gracious of Southern gentlemen, and even after that salt and pepper hair of 1969 had turned to pure white, there still was not one out of place. Neither was Ted Boswell ever out of place anywhere I ever saw him because he was incredibly comfortabl­e in his own skin. He had the rare ability to be able to talk to anyone, regardless of station in life, and make that person to whom he spoke feel important. Never did I hear him talk down or up to anyone, always straight on.

I will now deeply miss knowing that such a gentle soul who always talked to me every time I called about whatever, problem case I had, who always had time for my questions, was always there whether I needed him or not. Now, I cannot make that call and hear Donna Holloway, his assistant of over 50 years say, “sure he’s here and he will be with you in just a moment.” Now that moment will be a lot longer.

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