The title
of this volume is a touch misleading. Longtime
Abilene attorney Bill Neal does indeed fill
the book with tales of justice miscarried, manipulated,
and mangled, and he does chronicle more than
a half-dozen instances of cold-blooded murderers
walking away scot-free. But the book isn't so
much about getting away with a crime so much
as it describes a legal system of out whack.
It demonstrates that, in America, any country
lawyer worth his whiskey can, with a bit of
flair and a modicum of intelligence, outfox
a judge and jury. Additionally, Neal's area
of focus is not on what most people regard as
the "wild frontier", not even in Texas,
although in most respects it pretty much was
at the time most of these trials took place.
Still, even to those involved as witnesses,
victims, and even perpetrators of the heinous
crimes he outlines, things around them were
fairly civilized. Murder was always shocking.
It pretty much still is.
In this neatly appointed volume, Neal
offers a light-hearted romp through some of
the most absurdly comedic capital court cases
to appear in that particular part of Texas -
the multi-county area surrounding Abilene. Ranging
from point-blank shootings to sneaky revenge
killings to convoluted stories of true love
gone fatally wrong, these accounts are packed
with jaw-dropping details of desperate people
committing outrageous crimes and then, astonishingly,
walking away without so much as a guilty stain.
The book begins with an audacious if
somewhat ill-conceived scam involving the Wells
Fargo office in the Panhandle, then moves adroitly
to the well known 1896 Wichita Falls bank robbery.
Neal soon is dealing with feuding families shooting
it out in front of a small-town picture show,
then comes the unaccountable gunning down of
one partner by another, and along the way he
adds knifings, poisonings, bushwhackings, and
harrowing posse pursuits through the wiles of
Oklahoma Territory. There are also deliberate
murders during a trial and one almost comic
shootout on a lover's lane. Most of the time,
rapid arrests are followed by elaborate defense
schemes to gain mistrials, appeals, and excuses
for acquittals. Sometimes, they are crouched
in legal wrangling. Sometimes, they're the result
of nothing more than a juror's holding out for
innocence on the grounds that the defendant
owed him money and he feared a conviction would
thwart collection. Overall, these criminal anecdotes
leave the reader unsure of whether to laugh
at the farcical antics of the players or weep
for the sad state of American justice.
For the most part, and with only brief
sojourns in western Oklahoma, Neal focuses on
several Texas counties that the residents call
"west" and the rest of the state calls "north
central" : principally Hardeman, Childress,
Foard, Wilbarger, King, and Knox. He spans the
period from roughly the mid-1880's to the 1930's,
an era that saw all of these counties settled
and organized. It was, for the most part, a
transitional period, moving from the free-range,
cowboy and rancher culture of the post-Civil
War era into a more modern 20th-century point
of view.
This was still a raw land, never mind
the advent of the advent of the automobile,
electric lights, and the telephone. Men and
women still relied on horses and buggies for
transportation over roads that were little more
than cattle trails. Men and women went around
well armed, ready for personal combat. Victorian
ideals and values dictated a profound sense
of 19th-century codes of honor and decorum ;
and, in spite of written laws laws and statutes,
common sense and practical wisdom often trumped
legalistic notions of absolute justice.
The population of Texas then was somehow
more naive, more willing to extend credibility
to anyone who was willing to swear and tell
the truth, no matter how clear it was that he
was manipulating the facts to suit his purpose
or to justify his payoff. To a great extent,
the trials were far less about the crimes and
criminals than they were about the pageantry
and theater of their spectacle. Attorneys would
go to any lengths to circumvent the letter of
the law and to build their own reputations.
As a result, trials, especially murder trials,
were often the highlight of of a town's entertainment
calendar, and pontificating barristers vying
for dominance through a mixture of frontier
platitude and Ciceronian eloquence - all mixed
with a heady formula of audacity and brash displays
of ego - were the stars of the show.
Perhaps the best example of this
theatricality
was a moment when Temple Houston, son of the
famous Sam, emptied a revolver loaded with blanks
at the jury. As the terrified panel scrambled
for exits and jumped out of windows, Houston
successfully moved for a mistrial. The jury
had been sequestered and forbidden to leave
the courtroom unescorted.
Neal's chapters unfold with the easy
charm of a writer comfortable with his subject,
both a virtue and a fault of the volume. Clumsy
phraseology clutters the prose too often to
recommend that a reader take him too seriously.
Phrases such as "he coated the butter a
bit thick on the bun" or "he took
a permanent vacation"
or "an aggravated case of cold feet",
or describing an alibi as being "thin as
a bowl of bus station chili" are too precious,
as is the statement
"Texarkana had about as much in common
with El Paso as Peking does with Peoria".
Such folksy inserts might might work better
if they were original with Neal, but astute
readers will attribute some of his expressions
to Texas-born former CBS news anchor Dan Rather
- indeed, some have been dubbed "Ratherisms" by
media pundits, and not all of them were original
with Rather, either.
Other painfully countrified terms such
as "a'dangling", "a frog's hair distinction",
"warts and all", "scarce as hen's teeth", "head
to heel", and an occasional mild oath and jarring
use of exclamation points and italics to express
shock undermine Neal's authorial stance and,
from time to time, self-asserted academic objectivity.
Additional missteps such as mistaking "besotten"
for "besotted", "teatotalling" for "temperance",
and not knowing the difference between a felon's
being "hanged" and "hung" also bespeak a stylistic
carelessness out of tune with a a well-researched
volume such as this.
On the other hand, Neal's voice is very
much in tune with the folks he's writing about.
For the most part, these are irascible and unconscionable
killers appearing before no-nonsense, politically-savvy
circuit court judges. Whether they were notorious
outlaws or leading pillars of the community,
crusty old ranchers or gray-haired mothers,
slick confidence men or state senators, one
way or another their lives are connected through
heinous crime and travesties of justice.
Neal notes that more men are killed in
Texas than in any country in the world, but
as one attorney pointed out, "more men needed
killing in Texas than in any country in the
world". And killed many were, while their killers
were released often after being defended by
self-educated, country lawyers whose natural
sense of eloquence and talent for dramatic declamation
often prevailed in the face of irrefutable evidence
and eyewitness accounts to snatch a not-guilty
verdict out of what should have been an open-and-shut
case. Although most of these rustic mouthpieces
had never seen the inside of a law school, their
canny ability to manipulate the still-forming
codes of American criminal law into their client's
favor offers an instructive lesson in both the
flexibility and the evolutionary nature of the
Constitution.
Although Neal boasts no scholarly credentials
in legal history or theory, he has years of
experience as both prosecuting and defense attorney.
He concludes each account with an analysis of
the missteps taken by judges, juries, and appeals
courts. He notes where the errors were made
an loopholes exploited, where the letter of
the law was often bent completely out of shape
because fail-safes were lacking. At the same
time, he points out that the official records
of the trials seldom tell the entire story of
the crimes being adjudicated and suggests on
several occasions that justice might well have
been better served by its miscarriage rather
than by its enforcement.
Overall, Getting Away With Murder
On The Texas Frontier is a delightful read,
a worthwhile visit to a time and place in Texas
where transition in the social order were being
painfully worked out. Because the accounts are
all factual, involving real people whose descendants
are still alive and possibly living in the area,
these stories take on an almost ghostly quality,
one that lingers long after their chapters are
closed. Bill Neal has offered something special
in this collection of legal anecdotes : a snapshot
of our nearer history and a reminder that, perhaps,
we haven't come so far after all. When one considers
the sensational trials of O.J. Simpson or the
Rodney King assailants, one realizes that there
is more at
work in a court of law than weighing
evidence and seeking justice. |