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Judge Parker's Bench at Ft.Smith, Arkansas Court

Photo by Evelyn Flood Copyright(c)1988

Kinfolks
by Evelyn Flood

SMITH-NICHOLS FEUD of Newton County, Arkansas

It is my understanding that The Smith-Nichols feud came about over
a land dispute.

Jeremiah Smith, was head of the SMITH Clan. His childen consisted of the following:
i:John M Smith who was married to Mary Polly Rena Rowland
Their sons James W and Stephen Smith were involved.

ii:Martha Jane Smith who had married James E Henderson. Henderson was later to testify in the court case.

iii:Jerry Smith?, born 1830, who had married Cancada (mnu) and Rachel Estep. He is on the 1880 Newton County census.
I believe this Jerry Smith was a son of Jeremiah and Margaret Smith,
but am not positive.

iv:Gilbert Smith who had married Mary Brassfield

v:Alfred Smith who had married Nancy J Brassfield and Rebecca Flood
Their son Nathaniel Smith was involved.

vi:James Smith who had married Sarah Flood. James had died in 1863 in
Civil War time, so was not involved in this feud
But they had a son "Wild Jerry" Smith who was involved.

vii:Levi Smith who was married to Sopha Ann Flood

viii:Nancy Catherine Smith who was married to Peter Calmus Campbell

ix: Sarah Smith who married William S Ricketts. They are my husband Kenneth's great-grandparents.

x:Emeline Smith who had married John F Standridge.

Thanks to Dale Sexton of Riverside, California, I know much more about the feud and the court trial that followed. Dale sent me the court records for this Smith-Nichols Feud Trial. Will be transcribing the court notes as soon as I can and placing them in this story. So come back and visit later.
Dale sent me a map showing the area of the feud and the location of the homes of Thomas Nichols, John Nichols and Alfred Smith.

Newton County, Arkansas Map showing the areas of interest
Jeremiah Smith owned the broad fertile bottom land which had been farmed by Richard Davis. This property adjoined the Thomas Nichols land near the Sexton graveyard and stretched down the creek to the land owned by Charles K Holt.

Jeremiah's land description reads: Section 34, Township 15 North,
Range 21 West and consisted of 39.520 acres. Dated 15 November 1854.
A Jeremiah Smith also had 40 acres in Section 34, Township 16 North,
Range 21 West and consisted of 40 acres.

Thomas Nichols had been a government surveyor who had surveyed much of the land in Newton County and elsewhere. Thomas knew the good land and settled on good farming land.
His land description reads: Section 25, Township 15 North, Range 20 West
Military Bounty Land Warraant No. 57823 issued 26 November 1849. Thomas claimed that his land runs to the branch below the road that runs by the Sexton graveyard. The Smiths claimed that the Nichols land goes only to the road. Thomas NICHOLS obtained 160 acres by Military Land Warrant #51823
from William CECIL, dated 1849. William CECIL had been in the Mexican
War as a Pvt. in 12 Reg’t of U S Infantry. Have a copy of this land
Warrant
His land description reads East l/2 of SE l/4 and East l/1 of NE l/4
of Section 35, Township 15North, Range 20 West

Jeremiah Smith had died sometime after the 1880 Newton County, Arkansas census although his tombstone lists the date as 1879. But Jeremiah Smith was living with a grandson William Riley Smith (son of Gilbert Smith and his first wife Nancy J Brassfield Smith). They were living in White Township in 1880,Visit 15-14. Jerry was age 73, a farmer, born in Tennessee, father born in Carolina and mother born in Tennessee.

It was customary to have a get-together, called an "in-fare" or "end-affair (end of affair)wedding celebration to welcome the bride into the groom's family.
This celebration included a feast and dancing.

On 24 August 1882, HARMON MARION NICHOLS, age 21,(some relation to Thomas Nichols) and SARAH HEFLEY, age 16, were married.
Daniel Sexton was the Justice of Peace who married the couple.
Harmon Marion Nichols was son of Sarah Emeline Nichols and unknown father. Emeline had married G. D. Pettay in Franklin County, Arkansas.Pettay had died and Emeline was on the 1880 Newton County, Arkansas Census.
Sarah Hefley was the daughter of "Cedar Jim" Hefley (Levi and Caroline Hefley Family) and Sintha Wells (Alfred G and Sally Dukes Wells Family)
Sarah Hefley was born 1864\1866 in Missouri. She died 20Aug1911 in Quinton, Oklahoma. Her brothers and sisters were:
James A (1868)..Levi (1869)..Joseph (1872)..Samuel (1873..George (1875 Texas)..Betty E Hefley Reeves (1877)...and Monroe Hefley.

Thomas NICHOLS sons were:
1.James Nichols (dead before 1882).
2.William M Nichols (twin,married to Sarah A Davis and probably living out of the county).
3.Allen H Nichols (twin)(probably living out of the county).
The first three are from Thomas Nichols first wife.
4.Richard "Wild Dick" Nichols
5.John Samuel Nichols
6.Mary Polly Nichols
7.David Louis Nichols
8.Thomas F Nichols, Jr.
9.Larkin Monroe Nichols

Thomas Nichols' sons John, Dave, Richard "Wild Dick", Thomas Jr.
and Larkin Nichols rode up and down the creek inviting neighbors
to the celebration.
The Jeremiah Smith clan was not invited to this celebration.
But word got around that the Smiths were coming anyway.
The Nichols supposedly hid their guns under featherbeds in the house.

The dancing commenced before sundown. Fiddles, banjos and guitars could be heard up and down the creek.
It was customary for the invited folks to bring food. Hams, stewed chickens, possum gravy, sweet taters and pies of all sorts were soon spread out on tables for the merrymakers And moonshine-filled jugs added to the thirsty men which probably
fired up tempers somewhat.
It did not take long for the men to get their fill of food and
become somewhat eager to settle scores or bring about fightin' words
or whatever thoughts the men may have had at the time.

Suddenly men galloped up on their horses, firing their guns into the air
One of them is supposed to have said "dance to this tune" and fired his rifle. People scattered in all directions.
John, Dave, Dick and Lark Nichols ran into the house and pulled their guns from under the featherbeds.
Two of the men were said to be Alfred Smith and the other John Cole. I could not find a John Cole at this time.
When the shooting began, Thomas Nichols was said to have jumped up and began waving his hands and pleading "Boys, let's not have any trouble.
A rifle shot from one of the men on horseback hit Thomas Nichols and he fell to the ground mortally wounded.
Thomas' daughter Polly Nichols and her brother John ran to their father's side and drug him into the house to safety.
Thomas Nichols died the next day, 1 September 1882.
Thomas was buried in the Sexton Cemetery in Newton County.

News of the killing spread rapidly. The Russellville, Arkansas Democrat Newspaper told of the bloody fracas. They called it "one of the most shocking and blood-curdling affairs in the history of Newton County". Newton County Sheriff Thomas J Shinn put out arrest warrants for the Smiths and the Nichols

The Nichols brothers stood trial and were acquitted. The Smiths were no where to be found when Sheriff Shinn went looking for them.
The Russellville Democrat Newspapeer reported that the Nichols family was offering a $1500 reward for the capture of Alfred, John, James,Jerry, Nathaniel and Stephen Smith for the murder of Thomas Nichols
James W., Nathaniel and Stephen Smith were grandsons of Jeremiah Smith
The Arkansas Gazette of Little Rick announced November 8, 1882 that
Governor T J Churchill would pay an additonal $300 for the arrest of the Smith men.

Months went by and nothing was done. On 6 February 1883, fourteen men who claimed to have seen the shooting asked to appear as witnesses against the Smiths. According to court records, each witness made bond to insure that he would be in circuit court on the trial date.
The Smiths who were accused of the murder finally surrendered and made bond of $l,000 each. It is not known if any reward money was ever paid to anyone
The trial date was set for 6 July 1883 to try the defendants on a charge of second-degree murder. During court proceedings the Smiths' attorney Martin Briscoe, submitted a list of witnesses whom he claimed would testify for the Smiths. These witnesses were not in court and the judge granted a continuance and ordered summons to be issued for these witnesses to appear.
When some did not appear, the judge pronounced them "in contempt" of court and granted another continuance of the case.
At the trial, charges agains three of the six defendants, "Wild Jerry" Smith (son of James & Sarah Flud Smith), John Smith (son of Jeremiah)and Stephen Smith (son of John) were dropped.

"Wild Jerry" Smith married his cousin Savina Smith (daughter of John Smith )and they fled to Franklin County, Arkansas.
Have been in contact with some of their descendants.
Wild Jerry and Savina Smith lived their lives out in Crawford and Franklin Counties, Arkansas.

After long deliberations the jury returned into court and reported that they could not agree on the guilt of Alfred, Levi and James Smith.
After more attempts to reach a verdict ended in a hung jury, the
prosecution gave up.
Afterwards, the Nichols vowed to take revenge on Alfred Smith whom they saw as the ring leader of the Smiths.

Alfred Smith's land lay directly across the creek from the Bridge Hole Bluff. The Nichols brothers took turns hiding on the bluff, waiting for their chance to shoot Alfred Smith
Alfred Smith knew the Nichols were waiting their chance to kill him.
He planted his corn in crooked rows so he could work without being seen.

On 7 July 1884, Tom Nichols Jr. and John Wright were hiding on the bluff waiting for Alfred Smith to show himself.
John Wright was the son of Seaborn and Celia Davis Wright.
Celia Davis was thought to be related to Thomas Nichols wife Elizabeth Davis Nichols.
About noon, Alfred Smith took his horses to water them at the creek.
A shot rang out and Alfred Smith fell dead on the creek bank.
Either John Wright or Thomas Nichols Jr. had killed Alfred.
The two men fled from the top of the bluff to the hollow below.
Young Jack Greenhaw and his father, James Greenhaw, were picking corn in the field across the hollow and had witnessed the shooting.
Jack Greenhaw was only about ten years old and he did not tell the story until he was an old man.
At the time of the killing of Alfred Smith, "Wild Dick" Nichols was resting on the porch at his brother Lark Nichols' place. Dick Nichols heard the shot that killed Alfred Smith.
The killing of Alfred smith marked the end of the shooting feud between the two families but hard feelings between the families continued for many years.

But, John Wright, born 24 March 1861, died on 25 December 1884.
His brother Seaborn Wright, Jr., born 12 September 1863, died on
15 September 1886.
Were they killed because of the feud?? It looks like it. No mention of their deaths, but it sure looks suspicious that they died so closely toward the end of the Smith-Nichols Feud.
Their mother Celia Davis married Seaborn Wright Sr. ca 1860 in Newton
County, Arkansas.
Celia died in 1913. Seaborn Wright Sr. died in 1900.
They are all buried in Mt. Judea Cemetery, Newton County, Arkansas
Why did John and Seaborn Wright Jr. die so young?
Were they killed resulting from the feud?
I wonder!!

Remember to come back for another visit as I am going to transcribe the court records and put them in this story.

My Flood children are descended from "Old John" Nichols, thought to be the brother of Thomas Nichols.
They are also descended from Sarah Smith who married William S Ricketts,(daughter of Jeremiah and Margaret Armstrong (Byrd?)Smith.
So my children are descended from both the Nichols and Smith
families of Newton County, Arkansas.

Thank you Dale Sexton for sending all that important information.

Evelyn Flood
Rkinfolks@aol.com

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