The Eureka Springs Story

by Otto Ernest Rayburn

There was no Interstate Commerce Commission in those days to regulate such matters so the right of ownership in this particular case became the talk of the neighborhood. No blood was shed over the controversy, but there were fist fights from time to time when the argument went too far. At last the people of the community got tired of the uncertainty of the situation and petitioned the local justice of the peace to handle it according to law as it was written down in the book.

The Squire agreed to consider the matter and rode over to Boat Mountain to consult a constable who frequently worked with him. They talked the matter over and decided to hold a trial “according to law” although they felt that the cow belonged to the Missourian. They figured the trial would draw a big crowd, if ’norated around considerable, and it would provide a good opportunity to sell a barrel of liquor. This would compensate judge and constable for their efforts in upholding law and order in the community.

Cabins were few and far between in the hills in those days and none were large enough to serve as a courthouse. The Squire had his own seat of justice under a cliff at the edge of a paw paw thicket on Leatherwood Creek. Numerous trials were held here during the reconstruction period following the Civil War and justice was dispensed to the satisfaction of the people of the hills.

A day was set for the trial and the constable began making the rounds, giving summons to witnesses and jurors. He hinted that the cow should go to the Missourian. The late Louis Haneke, who was sixteen years of age at that time, was one of the jurors. Mr. Haneke was a highly esteemed citizen of Eureka Springs in later years and operated a hotel at the spa. The cow trial was one of his best stories. The summons read by the constable to Louie was as follows:

“Louie Haneke, you are hereby summoned as a juror in the case of the cow trial to be held in the Bluff Dweller Courthouse on Leatherwood Creek. You are selected and appointed because of your good citizenship and your great knowledge of the law.” Louie felt greatly complimented.

On the morning of the day set for the trial, men began arriving early on foot, horseback and in wagons. Some of them brought their dogs and guns, hunting along the way. They hung their game in trees at the edge of the paw paw patch and stacked their guns, as the Squire ordered, in a corner of the rock shelter. A hillbilly minstrel was in the crowd with his guitar and he sang old ballads to entertain the men before court “took up.” Even during the trial the judge would frequently declare a recess and call on the ballad singer to give his version of “Barbara Allen” or “The Butcher Boy.”

The rock shelter that served as a courthouse was under an overhanging ledge of rock that provided floor space about ten by thirty feet. The front was covered with rough boards with a wide opening for a door at one end. Near the door sat the barrel of moonshine whiskey which the judge used as a seat while conducting the trial. In front of him were a couple of two by four scantlings, resting on wooden boxes, which served as both a bar of justice and a bar for serving liquid refreshments. Several tin cups were on the improvised bar for the convenience of customers.

The Squire arrived early at the “courthouse,” put a spigot in the barrel, set out his tin cups, and opened for business. As the men arrived, he wrote their names on the barrel with a piece of chalk. When the men ordered drinks, he marked a tally opposite the name for each drink served. Payment was to be made when the trial was over. Then each man paid according to the chalk marks opposite his name.

Promptly at nine o’clock the judge rapped for order and the trial began. The men who claimed the cow were present with their attorneys. The farmer’s attorney had brought a statute from Missouri while the doctor’s lawyer produced one from Illinois, none from Arkansas being available. The judge decided to use the Illinois statute, to favor the doctor and avoid suspicion. He appointed a foreman of the jury and the trial got under way. At intervals during the course of proceedings he would declare a recess for music and refreshments.

The whiskey diminished rapidly as cup after cup was passed over the bar and by mid-afternoon the barrel was empty. The judge immediately called a halt to the proceedings and instructed the jury to go to the paw paw patch and find a verdict.