After an hour in the thicket, the members of the jury discovered that they could not agree. Both the plaintiff and defendant were called in and questioned, but that didn’t help matters. Either the jury was putting on a show or some of its members were not following the court’s instructions.

The Arkansas doctor was a sly man and had provided additional refreshments, hidden in a brush pile in the center of the thicket. At the opportune moment, he produced a couple of jugs and the contents were served complimentary to the jury. No one remembered what happened in that paw paw patch after the jugs were emptied.

Most of the jurors were sawmill workers employed at Mrs. Massman’s saw mill. When news of the party in the paw paw thicket reached the mill, Mrs. Massman sent a man with a wagon to pick up the men that belonged to her outfit. Some of them had crawled to the stream for water and they were piled like cordwood in the wagon, hauled to the mill and lodged in a corncrib to sober up. A few of the men remained in the paw paw thicket.

When these jurors woke up the next morning they found themselves marked with scratches, black eyes and bumps on the head. One of them had a couple of broken ribs. But none could recall what had happened the night before or how the trial ended.

The men “washed up” at the creek and proceeded to the courthouse to pay for the liquor they had purchased during the trial. There sat the Squire on top of the empty barrel, sound asleep. They awoke him and paid their bills according to the tallies chalked up on the barrel against them.

“How did the trial come out, Squire?” asked one of the men. “Did the Missourian get the cow?” “Gosh no,” answered the judge. “You drunken idiots gave her to the doctor.” “Well,” said the juror, “he had the most whiskey.”[10]

VII
THE NAMING OF THE TOWN

“A rose by any other name would smell as sweet,” wrote Shakespeare, but we doubt if any other name for Eureka Springs would fill the bill. It was old Archimedes of ancient Greece who first used the word EUREKA as an exultant expression and started it on the road to fame. The story goes that King Hiero assigned Archimedes the job of finding out the amount of alloy in his golden crown. The old mathematician was puzzled about how to do it for his laboratory was rather inadequate for scientific research. But he was a good observer and one day as he was stepping out of his bathtub he noticed the water running over the sides. This gave him the clue he was looking for and he rushed unclothed through the streets of Syracuse, shouting in his enthusiasm, “Eureka,” which means, “I have found it.” The result is known as the principle of Archimedes which states that a body surrounded by a fluid is buoyed up by a force equal to the weight of the fluid it displaces. Since that time the word has been used in many parts of the world as an exulting exclamation. California adopted it as a motto in reference to the discovery of gold there. Nineteen states have towns or post offices named Eureka, but there is only one Eureka Springs, named on July 4, 1879.

The basin of the old Indian Healing Spring, now called Basin Spring, is located at the bottom of the Wishing Well in the Basin Circle Park. Mounted on the railing above the basin is this plaque:

“Directly beneath this sign is the original rock basin after which the spring was named. It was here on July 4, 1879 that Dr. Alvah Jackson and about twenty-five families met and adopted the name suggested by C. Burton Saunders, Eureka Springs.”