Rex Perkins, Excerpt as Gift of the Season Day 9

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As Robert Winn wrote in his book Winslow: Top of the Ozarks, “[Budd] had a large office with a staff of a dozen young ladies mailing out advertising for fence posts. He shipped out uncounted numbers of fence posts to western states. He also carried a complete line of clothing, shoes, feed, hardware, furniture, and groceries. Mr. Budd had branch stores at Brentwood, Woolsey, West Fork, Porter (Schaberg) Chester, Walker’s Switch, Mountainburg, and Rudy.”

High-profile courtroom cases like the 1937 “Cabin Orgy” suit gained public attention for Rex Perkins. His fame as an outstanding trial lawyer spread. His name increasingly appeared in conjunction with front page headlines announcing the most recent sensational case. For example, in June 1943, he successfully defended Tuck Bishop, an admitted murderer of four people. In Bishop’s defense, Rex harped on Bishop’s status as a wounded veteran and filed a nolle prosequi declaration resulting in a precedent-setting life sentence for Mr. Bishop rather than the expected death penalty.

Rex’s success in gaining cases rose not only from his frequent mentions in local media, but also from his enthusiastic and tenacious pursuit of legal options for his clients. In addition to his sharp mind and voracious study of the law, Rex didn’t hesitate to skirt the edges of accepted practice. One anecdote recalls a time when Rex and his client faced a formidable team of well-heeled Little Rock attorneys who traveled to the Madison county courthouse to press their case. In those days, visual aids required to instruct jurors on logistics or scene layout usually depended on the use of a chalkboard. As the Little Rock legal team left the courtroom for a brief recess, Rex strolled past the chalkboard and palmed the chalk. Alas, no further use of the chalkboard could be made.[1]

budd rose

Rose and E. A. Budd, probably at San Francisco. The careful staging of a prop in front of Rose was meant to disguise her delicate condition. Image courtesy Velda Brotherton. Originally published in the Washington County Observer and in the book Washington County by Velda Brotherton, published by Arcadia Publishers.

In 1944, Perkins and his partner Tom Sullins took up the case of Elwin A. Budd, founder of Budd Post and Hardwood Company and a longtime prominent businessman in the region. An Illinois native of impoverished background, Budd had built a fortune buying and selling hardwood fence posts during the peak years of Washington County’s timber boom, becoming known as “the man who fenced the West.”[2] He married Nettie Huey in 1903, settled on a place near Brentwood (south Washington County), and in 1908, the couple gained a son. A young woman named Rose Shackelford came to help with the baby and E. A. fell in love with her.

By this time, Budd had built his fence post fortunes into thriving mercantile operations along the railroad at Winslow and Chester, Arkansas, as the route cut south into virgin forest between Fayetteville to Fort Smith. He divorced Nettie and married Rose in 1909 when he was thirty-two and she was fifteen. His relationship with Rose ended tragically just six years later after the couple took an automobile trip to the 1915 Panama-Pacific International Exposition in San Francisco. Pregnant during the arduous journey, Rose gave birth to a stillborn child in October and died four days later.

It was said that the loss of Rose changed E. A. forever. He threw himself into his business. In the 1920s as the timber trade died down, he along with his brother Arthur invested in expansive commercial enterprises in Fayetteville. Their Royal Movie Theater, Royal Barber Shop, Royal Café, and Budd’s Department Store occupied virtually all of the south side of the Fayetteville Square. Budd’s fence post business continued in Fayetteville with warehouses stretching from South Hill Avenue east to South Government Avenue and filling a half block north of the railroad tracks toward Sixth Street (now Martin Luther King Boulevard). Another warehouse, ‘Budd’s Woodcraft and Spokes,’ fronted 808 South Government, a structure recently housing the ‘The Village Sculptor’ ironworks of the modern-day Fayetteville artist Hank Kaminsky and demolished in 2013.

Budd remarried several times, becoming increasingly more depressed and drinking heavily. Beloved by employees as a “likeable, hard-working, and shrewd man with a knack for making money” and credited with creating jobs during the Depression, his work habit was remembered that he “left home in a three-piece suit to sell posts up and down the river, then later in the day changed to a pair of overalls to do the manual labor.”[3]

budds fire

Fire damage January 15, 1940. Headline, Northwest Arkansas Times: “Budd’s Mercantile, Royal Theater, Barber Shop, and Cafe Contents Total Loss” Caption underneath photo: “The front walls of the Royal theatre and Budd building were about all that remained today after fire destroyed the buildings and contents. Firemen remained at the smouldering ruins throughout the day.” Springdale firemen joined the Fayetteville forces in an effort to save other south side buildings.

Misfortune continued to find him, however. Fire swept through his Fayetteville mercantile, theater, barber shop and café on January 15, 1940, resulting in total loss to the contents, as well as destruction of several rented upstairs offices and apartments.

Four years later, on March 27, 1944, Budd allegedly inflicted fatal wounds to Miss Norma Smith, a Zion schoolteacher of long acquaintance with Budd. The trial opened July 11, 1944. The defense team included Perkins, Tom Sullins, and John Mayes. Prosecuting Attorney Jeff Duty was joined by Assistant Prosecutor Glen Wing and Van Buren attorney Dave Partain in Judge J. W. Trimble’s court. Opening testimony for the prosecution came from Pvt. Dale Fields, 26, who recounted his previous Saturday evening at Mitche’s Place with a crowd from Springdale. Upon exiting the building, he said Miss Smith “hollered” at him to come over to the car where she was sitting.

He went over and talked to her for a while, then got in the car and went to Springdale. She drove him home. He made a date with her to see her the next morning. They drove to Noel, Mo., in her car and visited his uncle, Fields said, returning to Fayetteville about 4:30, and that evening she again took him home to Springdale. ‘She asked me to come back and see her any time I wanted to,’ he said.

He didn’t see her any more until March 27, about 8 or 9 o’clock, Fields testified. ‘We were laying on the bed when Mr. Budd came in there…He walked up on the porch, came in the house, turned on the lights, came in the bedroom and told me “‘Time to leave.’”

When questioned by the defense, Fields said Budd did not say that in an angry tone. Fields got up and began to dress, but Miss Smith said that he wasn’t leaving. She went into the living room and argued with Budd. As Fields got the living room, he saw Budd slap her. She fell into a chair and Budd left.

Fields asked her who Budd was but she wouldn’t tell him…she just said he was a business man up town. Budd returned, threw eggs at the house and Norma ran out and stared hollering at him. One egg came through the door was she went out, and splattered on the wall…Fields said he next heard fighting in the yard. He said he had been sitting near the door and could hear the blows, and ‘it sounded like he was hitting her hard.’ Then she yelled for help. Fields went out and when he first saw them they were fighting in the corner of the yard near a tree. He saw Budd hit her in the face one lick with his fist, and…she hit the ground. “Then the law came down there…Budd started to his car.”

After about an hour at the police station, Fields returned to Miss Smith’s house where he found her lying on the bed. “There was a place on her chin and blood was running down the back of her neck coming from under her hair,” he said. He washed her and convinced her to go to a doctor, but when they got to the car, it wouldn’t start. The wires had been cut. Fields tried to find a doctor who would go to the house, but no one came. He stayed with her all night during which time Budd drove up and down the street blowing his horn…

~~

From Chapter 4 of Rex Perkins: A Biography. Available in Fayetteville and West Fork local bookstores. Or at Amazon.

 

[1]  Bassett, Marynm. Interview with author May 23, 2014. Author’s notes.

[2] Brotherton, Velda. “Rose Budd the one true love of legendary businessman,” “Wandering the Ozarks with Velda Brotherton.” White River Valley News, June 23, 2005. Page 9

[3] Ibid

 

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The Railroad Comes To Fayetteville — Gift of the Season Day 8

Fayetteville-Arkansas-Depot-date-and-location-unknown

Train depot, Dickson Street, Fayetteville Arkansas, date unknown. Courtesy http://frisco.org/mainline/wp-content/uploads/2015/02/

As early as 1855, Fayetteville city leaders had recognized the potential profit and growth that railway connections would bring to the rest of the county. The rugged Ozark terrain isolated their fledgling village, making commerce difficult and expensive for necessities and luxuries alike. Goods came north by ox cart from the Arkansas River at Van Buren or Ft. Gibson, or south from the railhead in Missouri. After the Civil War, in 1868 Arkansas legislators passed a bill granting aid to railroads which in turn prompted the St. Louis and San Francisco to start laying track south from Springfield, Missouri. The Frisco line made it to Fayetteville in 1881 with passenger service delayed until the completion of the Winslow tunnel. On July 4, 1882, a brass band and a crowd of 10,000 greeted the first passenger train at the Fayetteville Dickson Street station.

Arkansas-Railroad-Museum-45

Winslow railroad tunnel circa 1885. Courtesy Arkansas Railroad Museum.

All kinds of goods traveled along the new line from Monett, Missouri to Fort Smith—product of a fourteen-year construction effort—encouraging the hopes of men and families seeking livelihood. The most plentiful and profitable local raw material available for the taking were the old-growth trees. Land sold for $1 per acre with an estimated available merchantable timber of 5000 board feet per acre. A flourishing trade blossomed along the track as virgin forest fell to the hands of hardworking men. Within the first decade after 1882, West Fork, Woolsey, Brentwood, Winslow, and several long-since vanished whistle stops became boom towns where railroad ties, fence posts, and rough-cut lumber were loaded onto railcars.

One of the most ambitious men to exploit the timber trade was Hugh F. McDaniel,[1] a railroad builder and tie contractor who had come to Fayetteville along with the Frisco. He purchased thousands of acres of land within hauling distance of the railroad and sent out teams of men to cut the timber. By the mid-1880s, after a frenzy of cutting in south Washington County, he turned his gaze to the untapped fortune of timber on the steep hillsides of southeast Washington County and southern Madison County, territory most readily accessed along a wide valley long since leveled by the east fork of White River.

Mr. McDaniel gathered a group of backers,[2] petitioned the state, and was granted a charter September 4, 1886, giving authority to issue capital stock valued at $1.5 million. This was the estimated cost to build a rail line through St. Paul and on to Lewisburg, which was a riverboat town on the Arkansas River near Morrilton. McDaniel began surveys while local businessman J. F. Mayes worked with property owners to secure rights of way. “On December 4, 1886, a switch was installed in the Frisco main line about a mile south of Fayetteville, and the spot was named Fayette Junction.” Within six months, 25 miles of track had been laid east by southeast through Baldwin, Harris, Elkins, Durham, Thompson, Crosses, Delaney, Patrick, Combs, and finally St. Paul.

Soon after, in 1887, the Frisco bought the so-called “Fayetteville and Little Rock” line from McDaniel. It was estimated that in the first year McDaniel and partners shipped out more than two million dollars’ worth of hand-hacked white oak railroad ties at an approximate value of twenty-five cents each. Mills ran day and night as people arrived “by train, wagon, on horseback, even afoot” to get a piece of the action along the new track, commonly referred to as the “St. Paul line.” Saloons, hotels, banks, stores, and services from smithing to tailoring sprang up in rail stop communities.

As the Fayetteville & Little Rock track extended to Dutton and its final easternmost point at Pettigrew in 1897, local sawmills processed massive logs of oak, walnut, maple, and hickory into rough lumber before it was loaded onto the railcars.  “Wagons loaded with hardwood timber—cross ties, fence posts, rives, felloes, sawed lumber to be finished into buggy and wagon wheels and spokes, single trees, neck yokes, handles for hammers and plows, and building materials” streamed into the rail yards along the St. Paul line. Overnight, men became wealthy according to their ability to take advantage of the timber trade.

With the railroad came enormous population growth and the need for more homes, churches, offices, and commercial enterprise. Sufficient supply of building materials depended upon ever more distant timber harvest and upon the increasingly mechanized production of lumber. This frenzy of lumber and milling enterprises fed off the forests of southern Washington and Madison counties, with mills and factories located at various sites around Fayetteville. White oak was preferred for railroad ties, while red oak was the resilient wood of choice for wagon stock, especially bows, hubs, and spokes. Other woods milled included walnut, hickory, ash, and cherry.

All of the trains carrying lumber from the St. Paul line steamed through Fayette Junction, where loads of posts, ties, and raw materials for milling jammed the side tracks.  The 1904 Fayetteville City Directory authors summarize: “Those industries which have to do with the manufacture of various articles from hard wood timber are probably among Fayetteville’s most important enterprises. There are four factories devoted to the manufacture of wood wagon materials alone. Their product is shipped to many foreign parts, to the new Island possessions, as well as to every large manufacturing center in our own country.”

~~~

All the timber from points east and south came through Fayette Junction where railroad crews tended the engines, hooked up or dropped off cars on the sidings, threw appropriate switches, and communicated by telegraph, written messages, and word of mouth with various station agents about activities along the tracks. Serving as conductor along the early St. Paul line required a special breed of man, epitomized by the fabled “Irish” John Mulrenin who took on the job after three predecessors had quit in quick succession. For the next thirty years he handled the passengers of the St. Paul line, not just families and businessmen but backwoods lumberjacks and diamond-jeweled card sharks. He became skilled in quick decisions such as cutting short the Pettigrew switching chores to leave drunks stranded at the depot.

fay junc map

Circa 1890 map of Fayetteville Arkansas and the railroad ‘wye’ at Fayette Junction.

The Fayette Junction tracks formed a “Y”, with the southern “wye” used for “storage” and the northern for “industry”. Where the northern “wye” joined the main track near the northernmost point of present-day Vale Avenue, there was a gravel platform, water tank, and depot, although there was never a passenger depot at Fayette Junction.  Inside the “Y,” Frisco built mechanical department buildings including a shop and storeroom, an 813 foot long “cinder pit” track, and a 416 foot long “depress” track, according to the 1916 Frisco map. At the southern end of the “Y” was a coal chute track, a coaling plant, boiler room, and a sand house.

The November 19, 1905 train schedule from Fayetteville to Pettigrew left the Dickson Street station at 8:10 a.m., passed through Fayette Junction at 8:40 a.m., and arrived at Pettigrew at 11:50 a.m., with stops at Baldwin, Harris, Elkins, Durham, Thompson, Crosses, Delaney, Patrick, Combs, Brashears, St. Paul, and Dutton. After turning the engine on the roundhouse at Pettigrew, the train departed at 12:55 p.m., and arrived at Fayetteville at 4:15 p.m. In 1915, the train ran approximately fifteen minutes earlier, with the stop at Baldwin now named “Leith.” Return run arrived in Fayetteville at 3:30 p.m. The same schedule and stops were in place in 1927.

The Frisco Fayette Junction Roundhouse was listed in the 1932 Fayetteville directory with a telephone number of 641 under “Railroads” in the Yellow Pages. The Personal Data Book of the Division Superintendent for the Ft. Smith station reported the Fayette Junction population that year was fifty, but it is not clear what area he considered “Fayette Junction.”  Three years later, Superintendent S. T. Cantrell inventoried the 75 steam engines and other assets of the division. The oldest engine of the bunch, a “ten-wheeler” No. 488 Baldwin 1910, was in mixed service on the St. Paul to Bentonville line. Also in use to St. Paul was another oil-burner 4-6-0, No. 552 Pittsburgh 1901. Cantrell reported the following locomotive assignments to Fayette Junction as of February 26, 1935. In the shop:  #598, 4-6-0, oil, Dickson 1903. In storage: #648, 4-6-0, oil, Baldwin 1904; #750 4-6-0, oil, Baldwin 1902; #755, 4-6-0, oil, Baldwin 1902; #779 4-6-0, oil, Baldwin 1903; #3651 0-6-0, oil, Baldwin 1906; #3676 0-6-0, coal, Baldwin 1905#3695 0-6-0, coal, Baldwin 1906. Later observers remarked on the number of engines in storage as evidence of the “sorry state” of the railroads by 1935.

The Fayette Junction station force in 1932 included an agent-telegraph operator working 6 a.m. until 3 p.m., with a stipend of $0.67 per day. Holidays the hours were 6:15 a.m. until 8:15 a.m. The schedule by 1931 for ‘St. Paul Branch’ showed a mixed train daily (passengers and freight), starting from Fayetteville at 7:45 a.m., arriving Pettigrew at 11a.m., leaving Pettigrew at 12:01 p.m. to return to Fayetteville, where it arrived at 3:10 p.m.  All the intermediate stations were shown as flag stops except for Combs, where the train stopped at 9:54 a.m. on the outbound trip and 12:50 p.m. on the return trip, and St. Paul at 10:15 a.m. on the outbound trip and 12:30 p.m. on the return trip.

The fifty years from 1887 to 1937 had seen it all come and go through Fayette Junction. According to favored accounts, the last train to St. Paul ran July 30, 1937, “when ‘Irish’ Mulrenin had in his charge one wheezing locomotive, Mogul #345, and one empty, creaking old wooden coach” with a crate of two hound dogs for passengers.  The logging boom had come to an end. The tracks were taken up some time after, but remained across south Fayetteville accommodating various manufacturers in the new Fayetteville industrial park (east of City Lake Road, south of Hwy 16 East) and the shipment of new and recycled metal to and from Ozark Steel Company on South School as late as the 1970s.

 

This a condensed excerpt from my article on Fayette Junction, a location in South Fayetteville (Washington County, Arkansas) where the 1880s logging boom centered. For the full article, look for my book Glimpses of Fayetteville’s Past, available in local bookstore or at Amazon.

 

[1] Hugh McDanield, b 1843 to B. F. and Sarah (Terrell), fought for the Union in the Civil War, worked in mercantile trade in Kansas City until 1873, built the Kansas Midland Railway from Kansas City to Topeka, and then operated a ranch in west Texas. After completing the Texas Western Railway in 1877, he turned his attention to Northwest Arkansas and began selling ties in 1881. He bought, logged, and sold thousands of acres of Washington County land and later Madison and Franklin counties over the next seven years and made a fortune furnishing the Santa Fe Railway nearly all its ties for the railroad west. He is credited as founder of St. Paul by the 1889 Goodspeed. He died at age 45 (1888) in Fayetteville of a month-long, unnamed illness.

[2] Backers included F. H. Fairbanks, J. F. Mayes, and J. S. Van Hoose, along with McDaniel’s brother J. S. McDaniel, all of Fayetteville, and D. B. Elliott of Delaney, J. Pickens of Eversonville, Missouri, J. W. Brown of Brentwood, and another brother, B. F. McDaniel of Bonner Springs, Kansas.

Excerpt from Glimpses of Fayetteville’s Past

'y' at fay jctMy  new book, Glimpses of Fayetteville’s Past,
features five articles I researched and wrote between 2003 and 2010. These were initially published by the Washington County Historical Society’s quarterly journal, Flashback.

In this paperback collection, these articles about this “lovely” county in Northwest Arkansas have been expanded and updated, and now include photos, maps, and other features that greatly enhance the reading experience.

Here’s an excerpt, from “The History of Fayette Junction”:

…One of the most ambitious men to exploit the timber trade was Hugh F. McDanield, a railroad builder and tie contractor who had come to Fayetteville along with the Frisco. He bought thousands of acres of land within hauling distance of the railroad and sent out teams of men to cut the timber. By the mid-1880s, after a frenzy of cutting in south Washington County, he turned his gaze to the untapped fortune of timber on the steep hillsides of southeast Washington County and southern Madison County, territory most readily accessed along a wide valley long since leveled by the east fork of White River. Mr. McDanield gathered a group of backers and the state granted a charter September 4, 1886, giving authority to issue capital stock valued at $1.5 million, which was the estimated cost to build a rail line through St. Paul and on to Lewisburg, which was a riverboat town on the Arkansas River near Morrilton. McDanield began surveys while local businessman J. F. Mayes worked with property owners to secure rights of way. “On December 4, 1886, a switch was installed in the Frisco main line about a mile south of Fayetteville, and the spot was named Fayette Junction.” Within six months, 25 miles of track had been laid east by southeast through Baldwin, Harris, Elkins, Durham, Thompson, Crosses, Delaney, Patrick, Combs, and finally St. Paul.

Soon after, in 1887, the Frisco bought the so-called “Fayetteville and Little Rock” line from McDanield. It was estimated that in the first year McDanield and partners shipped out more than $2,000,000 worth of hand-hacked white oak railroad ties at an approximate value of twenty-five cents each. Mills ran day and night as people arrived “by train, wagon, on horseback, even afoot” to get a piece of the action along the new track, commonly referred to as the “St. Paul line.” Saloons, hotels, banks, stores, and services from smithing to tailoring sprang up in rail stop communities…