The Trial

December 11, 1902

        The Johnson County Circuit Court which convened at Clarksville. The trial was for the murder of Sheriff John H. Powers. Wallace's case was called first. Due to the inability to produce proof of his appearance in Clarksville the evening of the murder, the jury was instructed to return a verdict of acquittal. Five hours later, the evidence was obtained, but too late for use in this trial. Three other indictments were returned against him, however, one of which is that of an accessory before and after the fact - the punishment of which under the state laws if convicted is the same as that of murder. Durham and Underwood's trial commenced and so complete was the evidence that they were promptly found guilty and were sentenced to death by hanging on February 5, 1903.
        An appeal was made, but the Supreme Court ruled against him. The execution was rescheduled for June 9, 1903. Wallace and Clark went on trial in August of that year. They were both given life sentences. 3 to 4 months later, Clark escaped and was never seen again. The evidence in which Derham and Underwood were convicted was mostly circumstantial, but a better chain of evidence was never brought out. It developed that all of the men were seen together in Ft. Smith prior to the robbery. They were said to be shady and of bad reputation and character. They had all left Ft. Smith about the same time. Derham, Underwood, and Dunn were seen in Clarksville the evening before. Derham and Dunn were seen on a train in Van Buren the next morning. Then they went to Kansas and were arrested in a hospital while Dunn was there treating his wound. They were convicted of first degree murder and hanged on June 19, 1903. The hangings were done privately because of a state law that said that executions should be done in private, unless the legislature approves a public execution.

Primary Sources

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