11/17/1896 - On the third Tuesday of November, the man that does more than any other single individual to bring law and order to the American frontier while serving for 21 years as the first United States district judge for the District Court for the Western District of Arkansas (including the Indian Territory that will one day become the state of Oklahoma), Isaac Charles Parker, dies in Fort Smith, Arkansas from Bright's disease (a kidney problem characterized by swelling of the organ, albumin in the urine, and high blood pressure) and heart degeneration at the age of 58.
From 1875 to 1889, Parker's court is the final jurisdiction over Federal crimes committed in the Indian Territory and his decisions can only be appealed to U.S. President Ulysses S. Grant. Hoping to lighten the judge's workload, 1889 sees Congress make changes to the court system that allow capital case conviction appeals to be decided by the United States Supreme Court in Washington D.C., a decision Parker does not like as the court allows 30 of the 44 death penalty cases he oversees to get overturned and have a retrial ordered. And he also doesn't like that his court also loses the power of concurrent sentencing. Ninety-one defendants will come before the court in its first eight weeks, and in all, there will be 13,490 cases tried in Judge Parker's court during his tenure, and of that total, more than 8,500 will have the defendant in question plead guilty or be convicted during their trial (his duties also sometimes require him to testify before Congress, substitute for other Federal judges in the region, and to oversee important civil cases). In 160 cases, Parker sentences guilty convicted defendants to death, and of that unlucky total of convicts, 79 will actually be hung by the neck until dead (35% will be American Indians, 33% will be white men, and 18% will be African-Americans), while 81 others either died during their incarcerations, were pardoned, or had their sentences commuted. With a worklog and backlog of cases that never seems to grow smaller (though Congress will make several attempts over the years to lighten Parker's workload), the busy judge and husband also somehow finds time to serve as a member of the Fort Smith School Board, become the first president of the local St. John's Hospital, and at Parker's urgings, in 1884, the judge gets the Federal Government to donate almost 300-acres of military reservation to the city to help fund the Fort Smith public school system, and the jurist also somehow also finds time to appear with his wife at local community social events.
The hunt for Goldsby ends as so many criminal chases do ... with a woman involved and the betrayal coming from individuals thought to be friends. Reward for his capture increased by the authorities fto $1,300 (worth $47,496.58 in 2024 dollars) following his murder of Melton, it is a total that can no longer be ignored for some of the killer's friends. Wanting to see his girlfriend Maggie Glass for her seventeenth birthday, Goldsby accepts an invitation to her birthday party where he runs afoul of a former U.S. Deputy Ike Rogers, Glass' cousin, unaware that Rogers has been offered his job back (lost by the "lawman" for harboring the outlaws he is suppose to be chasing in his own home) if he helps bring in the notorious badman. On guard during the party at Rogers' home, Goldsby grows suspicious when his girlfriend advises him to leave as soon as he can, but stays instead and avoids letting Rogers get the drop on him and not falling victim to the whiskey he is repeatedly offered that is laced morphine. It is all a game to Goldsby until the next morning. On January 30, 1895 (in January also, Bill Cook will be arrested and brought before Judge Parker, found guilty of bank robbery, he will be sentenced to 45 years at the Federal prison in Albany, New York, where he dies of consumption on February 15, 1900 at the age of 27), Goldsby allows his attention to wander briefly as he lights a cigarette from the fireplace in the home and is rewarded by being hit over the back of his head by Rogers with an iron poker and subsequently loses a knockdown brawl lasting over fifteen minutes with Rogers and a friend of his, Clint Scales (Goldsby almost gets away on the wagon ride to Nowata when he breaks out of his handcuffs, but has Rogers able to keep him in check compliments of a double-barrel shotgun he keeps trained on the outlaw ... and another attempt takes place when the train Goldsby is placed on stops in Wagoner and a local photographer asks to get a few pictures of the captive and his captors, and the killer uses the opportunity of posing for the camera to try and grab the pistol of the man he has been turned over to, U.S. Deputy Marshal Dick Crittendon). Finally reaching Fort Smith, Goldsby is indicted for the murder of Melton on February 8, 1895 and goes on trial before Judge Parker on the 26th of the month. Two weeks later, on April 13, 1895, Goldsby is found guilty of murder and Judge Parker sentences him to death by hanging ... Goldsby's only victory comes when his lawyer manages to postpone the date of his execution, giving the outlaw time to set up a new escape attempt, and sure enough, authorities discover a pistol hidden in a bucket that prison trustee, Ben Howell, has placed there for Goldsby. Happy with themselves for thwarting the escape, the guards are unaware that a "Plan B" exists and another trustee at the jail, Sherman Vann (a black man serving 90 days for larceny), has gotten another gun into the jail, a Colt revolver, that he successfully manages to get to Goldsby (it is hidden behind a loose stone in Goldsby's cell).
Finally realizing the dangerousness of the desperado they have in custody, Goldsby will be kept in his cell in shackles for the rest of his captivity in Fort Smith, watched constantly by at least one guard. Three days after his escape attempt, Goldsby is in front of Judge Parker again, and found guilty (the jury takes only 15 minutes to decide the killer's fate for sending Keating to his doom), he is once more sentenced to be hung by the neck. This verdict is appealed too (Goldsby's lawyer claims Judge Parker is prejudiced after the jurist says of the gunman that he is a "... bloodthirsty mad dog who killed for a love of killing ..." and describes the killer as " ... the most vicious ... " of all the outlaws in Oklahoma. On December 2, 1895, the Supreme Court affirms Goldsby's sentencing and Judge Parker again sets an execution date, scheduling Goldsby's goodbye to take place on March 17, 1896. Up until five days before his execution, Goldsby seems unconcerned about his sentence, but then begins accepting the religious advice of Father Pius of Fort Smith's German Catholic Church, whom he meets with daily, a friendship that results in Goldsby also reading the Bible each of his last days. On Goldsby's last day on earth, St. Patrick's Day of 1896, he is up by 6:00 in the morning for his 11:00 hanging, has a light breakfast at 8:00 (compliments of a local hotel his mother is staying at), and sings and whistles as if he doesn't have a care in the world. Later that morning, he is joined by his mother, brother, stepsister, Father Pius, and "Aunty" Amanda as his mother convinces the authorities to delay the execution until 2:00 so that his sister Gladys, due into town on an eastbound train at 1:00 in the afternoon can see her brother one last time. Surprisingly, Fort Smith U.S. Marshal George James Crump, in charge of the execution with Maledon's absence, agrees while outside the jail, a crowd of 3,000 awaits the show (such a large gathering that a flimsy shed used by some of the crowd as an observation platform collapses and several people are injured), and shortly before Goldsby's now scheduled for 2:00 execution, in handcuffs and shackles, the killer, accompanied by his mother, Father Pius, and "Aunty" Amanda, and four guards of course, is brought up to the gallows. At exactly 2:00, Goldsby's death warrant is read by Marshal Crump, and Father Pius recites a short prayer. Stepping forward to the edge of the gallows, the outlaw known as Cherokee Bill tells the crowd, "Goodbye all you chums down that way," before allowing Crump to adjust his bindings, put a black hood over the killer's head, and then place a knotted rope around the neck of the condemned man. Asked by Crump if Goldsby has any last words to say, the gunman snarls "I came here to die, not make a speech." At 2:13, Crump springs the trap on the gallows and Goldsby drops six feet downward, snapping his neck and killing the outlaw instantly. Goldsby is only twenty years old at his passing. After the corpse dangles for 12 minutes, Goldsby is brought down, officially pronounced dead, has his bindings removed, and is then placed in a wooden gasket that is then placed in a larger box for train transportation by his mother and sister back to Fort Gibson, Oklahoma for burial at the town's Citizens Cemetery. He is still interred there (interestingly, on April 20, 1897, his brother Clarence Goldsby will shoot to death in Fort Gibson the man responsible for Cherokee Bill's capture, the mendacious 47-year-old Ike Rogers).
Goldsby death just another day meting out justice in the federal court district of Western Arkansas. Though Judge Parker leaves in 1896, he is still well remember about Fort Smith and certainly within historian discussions of the closing of the American West. In Fort Smith, Parker's grave can be found at the city's Fort Smith National Cemetery, the courthouse, jail, and gallows of the judge's times have been faithfully recreated near their original locations and now constitute a major tourist destination in the region that entertains over 120,000 visitors a year, and in nearby Gateway Park since October of 2019, a statue of the judge pondering a legal tome and papers before making one of his decisions looks out over the town ... and opened for business in 1937 and still operating, on South 6th Street and Rogers Avenue stands the Judge Isaac C. Parker Federal Building and Courthouse. There are also a host of books and magazine articles dealing with Judge Parker, the folks that worked for the Judge's district, and the outlaws reeking havoc in the region during his tenure. In the world of music, poetry, and literature (among titles about the judge are "Let No Guilty Man Escape" by Dr. Roger H. Tuller Ph.D, "Isaac C. Parker: Federal Justice on the Frontier" by Michael J. Brodhead, "Hanging Judge" by Fred Harvey Harrington, "Court of the Damned" by J. Gladstone Emery, and "He Hanged Them High" by Homer Croy), Judge Parker is mentioned giving out a death sentence in the Steve Earle song, "Tom Ames' Prayer" (Judge Parker said guilty and the gavel came down ...), and in the 1968 best selling novel of Charles Portis about a fictional boozy one-eyed U.S. Deputy Marshal named Rooster Cogburn (the role that wins John Wayne the sole Best Acting Oscar of his 179-long film career), Parker is a featured character. On television, Judge Parker has been played by actor Carlyle Mitchell in a 1961 episode of "Death Valley Days," by Bill Rogers in the 2020 Arkansas PBS presentation, "Indians, Outlaws, Marshals and the Hangin' Judge," and by Donald Sutherland on the 2023 cable series, "Lawmen: Bass Reeves." In the movies, he has been portrayed thus far by screen actors James Westerfield (in the 1969 version of "True Grit"), John McIntire (the 1975 sequel to "True Grit," "Rooster Cogburn"), Jake Walker (in the 2010 remake of "True Grit"), and by Manu Intiraymi (in the 2019 film, "Hell on the Border") ... and playing Judge Adam Felton, a character based on Judge Parker, is the respected character actor Pat Hingle in the 1968 Clint Eastwood oater, "Hang 'Em High."