Northwest Arkansas Democrat-Gazette

Post office OK’d to hang portrait

- FRANK E. LOCKWOOD

WASHINGTON — President Donald Trump has signed legislatio­n allowing Little Rock’s Scipio A. Jones post office to “accept and display” a portrait of its namesake.

John Gill, a Little Rock attorney who pushed for the painting, hopes to raise $50,000 to pay for it.

“It’s going to be something that’ll take some time and take some effort, and we are just getting started. Hopefully, we can get it done,” he said.

The law specifies that artist Wade Hampton, an Arkansas native, will create the portrait.

Placing portraits in post offices isn’t easy, Gill said he has learned.

“We had to get an act of Congress to get this done,” he said.

U. S. Rep. French Hill, R-Ark., who introduced the legislatio­n, said Jones has claimed a place “in Arkansas and American history as one of the most exceptiona­l lawyers of his time.”

Yet his story is not widely known.

The painting will acknowledg­e Jones as a role model “for Arkansans, generally, and those seeking a career in the law, specifical­ly,” Hill said.

“This will be a real enhancemen­t to the Jones post office on Main Street, and instrument­al in telling a new generation of younger Arkansans about Scipio Jones,” the lawmaker from Little Rock said.

Born a slave in Dallas County in 1863, Jones moved in the 1880s to the Little Rock area where he studied at the institutio­ns that are now known as Philander Smith College and Shorter College.

After legal apprentice­ships, Jones was admitted to the practice of law in Pulaski County in 1889. Admission to the U.S. Supreme Court bar followed in 1905.

During his half- century-long career, Jones repeatedly challenged injustices in the post-Reconstruc­tion South.

Over the years, he developed a national reputation.

“He was one of the most well-known African-American attorneys in the country, so he was a huge deal in his lifetime,” said Brian Mitchell, a history professor at the University of Arkansas at Little Rock.

After the 1919 Elaine Massacre, Jones defended 12 Black men who had been rounded up, charged with murder and summarily condemned by allwhite juries.

The wave of violence was labeled an insurrecti­on or a “race riot,” at the time. Modern historians say whites spilled most of the blood.

The trouble began outside a church where a group of Black farmers had gathered for a union meeting. By organizing, the tenant farmers and sharecropp­ers had hoped to obtain better terms from white land owners.

Armed whites approached the building, which was protected by Black armed guards. Gunfire erupted.

In the hours and days that followed, as many as 300 Blacks lost their lives, the National Associatio­n for the Advancemen­t of Colored People would later claim.

Once the physical violence ended, the legal lynchings began, critics say.

When law enforcemen­t intervened, it was Blacks who were rounded up and rushed to trial.

In “a Southern community inflamed by racial hysteria,” it was hard for a Black man to obtain a fair trial, Felix Frankfurte­r wrote in 1932, shortly before becoming a Supreme Court justice.

In order for local authoritie­s to obtain incriminat­ing testimony, Black witnesses had been whipped with metal-studded strips and otherwise tortured until they complied, affidavits alleged.

The proceeding­s had been perfunctor­y. Armed whites converged at the courthouse, demanding that the accused be condemned. Counsel for the defense called no witnesses, the accused did not testify on their own behalf, and guilty verdicts were delivered in less than five minutes, it was alleged. Death sentences quickly followed.

After glimpsing Phillips County justice up close, dozens of other defendants simply pleaded guilty and were handed lengthy prison sentences.

Eventually, Jones stepped in.

With his clients facing execution or lengthy prison sentences, he fought their conviction­s, in both state and federal courts, joining forces with the NAACP along the way.

Together, they would pursue, in the words of NAACP Executive Director Roy Wilkins, a “desperate fouryear search for justice.”

State officials argued that the U.S. Supreme Court lacked jurisdicti­on over the case and should not second-guess the jurors.

There was little sympathy for the defendants in Arkansas, Wilkins noted.

“On the other side were ranged all the officehold­ers of the state, including the governor and the attorney general, all the newspapers and 99.5 percent of the general white public,” he later wrote.

Eventually, an appeal was filed with the U.S. Supreme Court, arguing that the accused had been deprived of their constituti­onal rights.

After reviewing the case, Moore v. Dempsey, the high court agreed.

“According to the allegation­s and affidavits there never was a chance for the petitioner­s to be acquitted; no juryman could have voted for an acquittal and continued to live in Phillips County and if any prisoner by any chance had been acquitted by a jury he could not have escaped the mob,” the majority stated in the justices’ 6-2 decision.

When defendants are denied due process of law and state courts fail to fix the problem, then the federal courts would intervene, the 1923 landmark ruling showed.

Looking back at the case a decade later, Felix Frankfurte­r boiled the case down to its essence.

“Certain things are basic to the integrity of the judicial system,” he wrote. “One of them is a proper tribunal, impartial and uncoerced.”

Moore v. Dempsey was a giant step forward, Gill said.

Jones helped make it happen, against all odds.

“He went into the courts with, really, the deck stacked against him,” Gill said. “In the end, he provided justice for his clients.”

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