…across the county. The governor called in 500 federal troops, who arrested nearly 260 blacks and were accused of killing some. Over a three-day period, fatalities included 100-240 blacks, with some estimates of more than 800, as well as five white men. The events have been subject to debate, especially the total of black deaths.
The only men prosecuted for these events were 122 African Americans, with 73 charged with murder. Twelve were quickly convicted and sentenced to death by all-white juries for murder of the white deputy at the church. Others were convicted of lesser charges and sentenced to prison. During appeals, the death penalty cases were separated. Six convictions (known as the Ware defendants) were overturned at the state level for technical trial details. These six defendants were retried in 1920 and convicted again, but on appeal the State Supreme Court overturned the verdicts, based on violations of the Due Process Clause and the Civil Rights Act of 1875, due to exclusion of blacks from the juries. The lower courts failed to retry the men within the two years required by Arkansas law, and the defense finally gained their release in 1923.
The six other death penalty cases (known as Moore et al.) ultimately reached the United States Supreme Court. The Court overturned the convictions in the Moore v. Dempsey (1923) ruling. Grounds were the failure of the trial court to provide due process under the Fourteenth Amendment, as the trials had been dominated by adverse publicity and the presence of armed white mobs threatening the jury. This was a critical precedent for the “Supreme Court’s strengthening of the requirements the Due Process Clause imposes on the conduct of state criminal trials.