Chapter 25
The Rehearing
1931
An emotionally and physically depleted David Shapard arrived home to Fort Smith in the late night of April 10th. Word of the horrific tragedy spread quickly to those who had known and loved Lizzie throughout the community of Fort Smith and beyond. In the days, weeks and months that followed, David was consoled by his strong alliance of friends, and received numerous letters from heartbroken acquaintances and family members. One letter in particular, written by David’s 83 year old aunt Sarah “Sallie” Shapard Whiteside (1848-1933) from distant Los Angeles, California, illustrated the wide connection of the Shapard family members, as well as, capturing the heartfelt grief of Lizzie’s murder:
“…Aunt Martha [Martha Allen Shapard (1853-1941) wife of David Green Shapard (1846-1919)] and girls were over to see me last night and brought your letter…for me to read. We have been so eager to hear all that is possible about the sad end of our dear one – it is so hard for me to realize that it is really true. I have been hoping that some of you would write to me – but the clippings that Mr. Jaynes [W. B. Jaynes] sent to me relates (I suppose, more than any of you could write). She [Lizzie Shapard Jaynes] was such a fine character, so useful and adored by so many – it seems so hard that she should have met such a fate. She had kept me posted about the family, but for some time had not written to me. I always loved to get her letters, and now I guess we will not hear from any of you. I hear of Edwin [Edwin R. Shapard] and family sometimes through Dell [Adella Shapard 1864-1941, daughter of Rev. William and Emily Shapard]. She wrote me of a visit she had from you. Now David don’t you think you ought to come out here this year – you may not see your old aunt if you wait another year…I have been hoping that Benetta [Benetta Shapard] or May [May Shapard] would write me. As I will give you my address, I hope to hear from you…Much love, Aunt Sallie.”
During the weeks and months that followed, David remained in heavy contact with his brothers, in addition to Mr. Jaynes, for information as the manhunt for his sister’s killers was underway. Arrest after arrest were made, yet, all suspects were released for lack of evidence. As time dragged on with no convictions, all became terribly frustrated. David, Edwin and Sumner kept pressing Mr. Jaynes for information, action and justice, and he, disappointedly, had little to offer, eventually pulling away from the Shapard family as a whole.
Only a few weeks after Lizzie’s murder, David was exasperated to be served with a court citation from the Walnut Ridge Chancery, stating that Elise had filed a contempt of court petition against him on May 2nd for being delinquent on the April and May payments to her, totaling $150, as ordered by the divorce settlement. The timing of the citation could not have been more callous, maddening or ruthless under the circumstances, as David was clearly in a state of intense grieving. Furthermore, the depression had hit David’s business hard in 1931, and, as far as his finances were concerned, his annual income for the year would only amount to $1,421, being the least earned in fourteen years of known records. Nevertheless, David and his attorney W. P. Smith filed a response to the citation, keeping David from being arrested, and the court agreed to settle the matter at the rehearing set for July 10, 1931.
While Elise was a lost cause, David still had great love for his son and perpetual hope for a relationship with him. In mid-May, 1931, David received a letter from his son informing him that he was graduating from Enid High School. David sent his son a graduation present - a “lifetime” Schaeffer fountain pen and pencil set, in addition to a poignant letter, stating;
“…I have just received announcement of your graduating exercises, to be held May 28. I sure appreciate receiving this announcement. I also received clippings from the paper in regard to the honor you had received by being awarded second place in your oratorical contest. This is fine, and I hope you will continue to receive such honors as you go through life, because no finer boy ever lived than my boy.
It is too bad that you and I have been deprived the privilege of associating together. There is one hand that guides the destiny of all of us, and we have been taught that everything is for the best although we cannot understand these things.
I wish it were possible for me to be in Enid for your graduating exercises. I would appreciate you writing me and letting me know all about yourself, and I would be glad to receive any other newspaper clipping that might appear in your papers over there. Wishing you all the success that life affords, and with lots of love to you, I am Your [Papa]”
David’s son was a talented debater, as evidence by his second place award in the Harry O. Glasser oratorical contest, in which he brought home a prize of $15 in gold. He was recognized by his high school teachers and peers for his quick wit, clever methods of argument, large ‘out-standing’ ears and, although, fun to play with on the tennis court, was entertainingly atrocious at the game. After graduation, David’s son was accepted to attend Oklahoma Agriculture and Mechanical College (present-day Oklahoma State University) in Stillwater, Oklahoma, where he majored in pre-law, commencing in June of 1931, with summer classes.
On July 10, 1931, David and Elise traveled back to Walnut Ridge, to the Lawrence County Courthouse, for the rehearing before the Chancery judge. Elise arrived with her former attorney Mr. H. L. Ponder. Recall that it was Mr. Ponder whom, after the first trial, had encouraged David to seek a rehearing for relief as he had been in the “hands of the Philistines.” Mr. Ponder had also assisted David with his new legal representation through Mr. W. P. Smith as his attorney.
In 1904, Mr. William P. Smith (1870-1952) was licensed to practice law, serving three terms as Prosecuting Attorney of Walnut Ridge, and one term as Justice of the Peace. He was a self-made man, gaining an education for himself, was known to be Christian gentleman, life-long democrat of the old school, a man with boundless energy and abundant talent. His ability to hold his own in a fight within the courtroom earned him the nickname of “Raggedy Bill.”
During the trial, David showed that he had been complying with the original court ordered settlement, having fully paid Elise the $225 in back alimony, in addition to the sum of $1,000 cash upon entry of the divorce decree, as well as, all the attorney’s fees and court costs. Due to his crippling debt and the logic of Elise being responsible for his financial situation, he begged the court for relief from the outstanding $1,000, of the original $1,500, that was being paid at a rate of $75 per month, since February 1, 1931. Despite high expectations for justice and some form of financial relief, once the second trial began, David was completely crawfished by Mr. Ponder, who fully backed Elise giving no quarter to David’s situation. The judge was unconvinced by David’s plea for relief, ordering no abatement to the original decision. The judge also placed an additional burden on David by ordering him to execute bond on all future payments to Elise.
After the trial David approached Mr. Ponder and demanded to know why he did not help to relieve his situation, as per their conversation. Mr. Ponder replied that, just before the trial, Senator Joseph T. Robinson (1872-1937) had personally called him and told him to keep hands off, or something to that effect.
Joseph T. Robinson was born in Arkansas in 1872. He attended the University of Arkansas at Fayetteville for one year before studying law under Judge Thomas C. Trimble. In 1894, Mr. Robinson became the youngest member of the Arkansas General Assembly after winning a seat as a state representative. After his term, Mr. Robinson took a brief hiatus from politics to grow his law practice. However, in 1902, he won a seat in the U. S. House of Representatives. In 1912, he won the governorship of Arkansas, only to be elected to the U. S. Senate in 1913. As a senator, he gained national recognition for his parliamentary service during WWI, and in 1923, he was elected as the Democratic leader of the Senate. In 1928, he was nominated as the democratic candidate for the vice-presidency of the United States, becoming the first candidate for national office ever elected from the state of Arkansas. During the Great Depression, Mr. Robinson’s power grew, after the Democrats won control of the federal government in 1932, and he became the majority leader of the Senate.
Apparently, leaving nothing to chance, Elise had used her Conger influence to ensure the second trial went in her favor by, once again, imploring the most imposing and influential men she knew to sway the outcome. Just the fact that a man as powerful as Senator Robinson would interject himself in the alimony proceedings of David and Elise Shapard, is astonishing, yet, also shows the clout that Elise could wield. Unfortunately, for David, he and his attorney were once again outgunned, and there was not anything left for David to do, but to pay.
Beset and overwhelmed by the ruling, David simply did not have the income to pay the court ordered alimony to Elise, on top of paying her marital debts, on top of paying his living expenses to merely survive. In desperation, David consulted with his older brother Edwin. The men reasoned that since all future payments to Elise were now ordered to be bonded, that it would be safer for David to be freely indebted to his brother than to be legally indebted to Elise. Edwin offered to give David the remaining $1,000 he owed to fully pay off his remaining court ordered debt to Elise. In return, David would then make monthly payments, when able, to his brother until the debt was satisfied. As an added security, David made Edwin the sole beneficiary on his life insurance policies and the main beneficiary of his assets through his last will and testament.
On August 10, 1931, David and Elise returned for a final time to the Chancery Court at Walnut Ridge where he paid her, in bulk, the remaining $1000 from their divorce settlement. Elise acknowledged the payment in full, whereby, the court released and relinquished David of all further alimony, maintenance, claims, and demands to and by Elise.
Although David was finally legally free from Elise, his debts were overwhelming, to the tune of around $9,500. Despite David’s income being shamefully lean, it was his moral obligation and reputation as a Christian Southern gentleman to continue to pay what he could each month on the debts to his brother, as well as, to the merchants and businessmen of Fort Smith, who were likewise struggling during the Great Depression. David truly cared about the citizens of Fort Smith, and although he was advised to declare bankruptcy and shamefully move away, as did Elise, he would not forsake the people that he rightfully owed nor abandon his community when times were tough.
From the moment his divorce had been granted in February of 1930, until May of 1933, David averaged paying $185 per month on the obligations and debts for which Elise was responsible. After May of 1933, he was paying about $150 a month on these debts, and, as late as August of 1934, he still had in the neighborhood of $1,800 yet to pay. It was a burden that would financially gnaw at him for the duration of his life; and yet, one that he could hold his head up high as he faced it honorably, continuing to heed his mother’s words: “If we do as near right as we know how, everything will turn out all right.”
In an unexpected turn of events, in late 1931, David was in the lobby of the Merchants Bank and was approached by Mr. Wallace Bruce, who had testified against him at his divorce hearing at Walnut Ridge. Mr. Bruce sought him out to express his sincerest apologies for having taken part in David’s family affairs, stating that there were some facts about Elise that he did not know until a recent date. Although the damage had been done, David appreciated and accepted Mr. Bruce’s apology, creating an air of vindication. Harmony between the two men could not have come at a more suitable time, as only a few months later Mr. Bruce died at the age of 53 shortly after retiring to Fresno, California.
For the remainder of the year 1931, David poured into his work at the Equitable Life Assurance Society, as well as, his church, clubs, organizations and frequent golf outings with friends. He enthusiastically fulfilled his elected positions as President of the Fort Smith United Commercial Travelers Country Club, being on the board of directors of the Amrita Grotto Country Club and being ‘Master of Kadosh’ of the Fort Smith Scottish Rite Masons.
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