Night Court breathes life into Fort Smith history

 

story and photos by Joel Rafkin
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Fort Smithians are safe from an accused murderer despite a hung jury. The trial, United States v. John Allison, originally took place in May 1895 but was reenacted Friday night (Feb. 25) at Night Court at the Fort Smith National Historic Site.

The defendant was accused of first-degree murder for the death of his father whom he shot three times. The defense argued it was a case of self defense since Allison had been abused by his father and the father had made death threats to his family, including his wife, in the past.

The prosecution alleged the events that unfolded were premeditated and the fact that the victim sustained three bullet wounds, including being shot in the back, showed intent to kill — not self defense.

Night Court is comprised of volunteers who reenact cases from the past while wearing period clothing and sticking to the actual facts of the case provided by court transcripts.
Judge Isaac C. Parker was portrayed by attorney David Dunagin. Both the defense and prosecuting attorneys, Dan Stewart and John Settle, respectively, are practicing attorneys.

Susan Wilkinson, who played a witness for the defense, condensed about 300 pages of actual transcript into a manageable 75-page account of the trial. Overall, the case took just shy of two hours to present, a substantial reduction from the original trial.

Dunagin said a hung jury is a common occurrence at Night Court because jurors often take into account modern day thinking regarding the law. Also, the jury does not spend hours deliberating. A simple show of hands in a single vote takes place outside of the courtroom before the jury returns. Jury members are selected at random from attendees of the program and are a mixed group in terms of gender. Jurors were only male in era of Judge Parker.

Allison was found guilty in the original case but appealed the verdict. He pleaded guilty to manslaughter in the appeals process and served a seven year sentence as opposed to the death penalty from the murder conviction.

Jeremy Lynch of the National Park Service said he is always looking for volunteers to portray characters in Night Court. Trials occur about every four months. Participants are provided with transcripts at least a month in advance. Contact Lynch at 783-3961, or [email protected]