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Brutal murder in Springdale resulted in the electrocution of Choctaw itinerant farmer 1n 1920

  • Writer: Dennis McCaslin
    Dennis McCaslin
  • Apr 25, 2025
  • 2 min read


A century ago, the murder trial of Victor Tobay, a 25-year-old Choctaw laborer, gripped Washington County, Arkansas, offering a window into the legal and social dynamics of the era.


Charged with the brutal 1919 murder of C.C. Smith, a 55-year-old itinerant apple picker, Tobay’s case culminated in a rare execution and continues to spark discussion about justice and equity.


The crime occurred on May 12, 1919, when Smith was fatally assaulted near Springdale. Tobay, who confessed to using an iron rod to kill and rob Smith of approximately $350, admitted he acted alone, retracting earlier claims of accomplices.




Sheriff Homer Jackson
Sheriff Homer Jackson

The confession, detailed in the Fayetteville Democrat, followed intense questioning by Sheriff Homer Jackson, Deputy Sheriff Lew English and F.O. Gulley, Tobay’s former employer. Bloodstains on Tobay’s clothing and the murder weapon were pivotal evidence.


A special session of the Washington County Circuit Court was convened within two weeks, reflecting community demand for swift justice. On June 1, 1920, a jury convicted Tobay after a trial that drew significant local attention.


Prosecutors relied on witness testimonies, while the defense argued the evidence was circumstantial and highlighted Tobay’s clean criminal record.




Judge John S. Little
Judge John S. Little

Judge John S. Little sentenced Tobay to death, a verdict that divided the community. Some saw it as just retribution, while others, particularly in Native American communities, questioned the trial’s fairness.


Tobay’s execution on August 14, 1920, marked Washington County’s first in decades, the last recorded being in 1845. Reports described Tobay as calm, meeting with a spiritual advisor and walking to the electric chair with a smile.


He expressed regret but maintained he hadn’t intended to kill Smith, telling an officer, “I had always had to work hard and wanted some easy money.”


 Despite a 30-day stay granted by GovernorBrough, pleas for further clemency--supported by local women citing Tobay’s lack of religious confession--were denied after Springdale residents urged the law to proceed.


Tobay’s background added complexity to the case. Born near Ardmore, Oklahoma, he worked on a farm before drifting to Springdale after serving in World War I with the 142nd Infantry.


In a letter to a war comrade, dated June 3, 1920, Tobay expressed remorse, writing, “God only knows how sorry I am that I have waited this long to get right with Him.”


Today, historians note that Native American defendants in the early 20th century often faced systemic biases, though specific evidence of this in Tobay’s trial remains limited.


The rapid verdict and limited appeals process, standard for the time, raise questions about the case’s handling. A 2023 exhibit at the Washington County Historical Society featured Tobay’s story, prompting reflection on justice and equity in Arkansas’s past.


Tobay’s case remains a reference point in death penalty debates. It underscores the complexities of a bygone legal system and invites consideration of how justice has evolved over the past century.



 
 

©2024 Today in Fort Smith. 

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