March 15, 1905 Huntsville Democrat

Killing in Newton County

'Lee Newman has been arrested and placed in the jail at Jasper charged with the killing of Marion Lewis near Fallsville in Newton County two weeks ago. The crime was committed at the residence of Harrison Pruitt during a dance. The head of the deceased was almost severed from his body with a knife. Newman is only eighteen years old.'

MARKING MARION by Travis Holt

I had been here before.

Radford's Freewill Cemetery near Red Star, in Madison County, is much like any other Ozarks cemetery. The names and dates on the stones are a bit faded, the military markers jut up here and there for the veterans, and at first glance, one can see that many stories in stone surround you.

However, this story is about a man who was not marked. In fact, though we suspect that he lies here, we have no solid proof of that.

This is the story of Marion Lewis.

Marion was born February 10, 1882, along with his twin brother, Geroge Washington to Bertha (Dunlap) Lewis. Young Marion and George would grow up in the beautiful but lean Ozark hills, and learn the ways of life from their large family.

Though I didn't find much about his father, other than his name was William Samuel Lewis, my friend Scott Hensley kindly shared some information he had sent to him from a cousin of his, Vickie Bishop Gowdy, which also related that Bertha's nickname was 'Ruthie.' She stated that William and Bertha 'Ruthie' were married in 1862 in Clarksville, Arkansas. Further, she stated:

'William was older than Ruthie when they married. Grandma said William died leaving Ruthie to 'raise all them boys by herself'. Since William was 36 at the time he married Ruthie in 1862, that would put his birth year around 1829. The Newton County Census for 1900 shows Ruthie and a couple of the boys living with Frank & Belle.'

The Frank and Belle she mentions would be John Franklin 'Frank' and his wife, Allie Belle (Burns) Lewis. Frank was another son of Ruthie, older than Marion and George.

Marion found out that he possessed musical talent, and he was often requested to attend dances and play the fiddle. Country dances were a common thing then, and many a young couple met at them, as social gatherings back at that time were not as common as they are today.

Marion was at a dance, playing, that fateful night.

'March 15, 1905 Huntsville Democrat

Killing in Newton County

'Lee Newman has been arrested and placed in the jail at Jasper charged with the killing of Marion Lewis near Fallsville in Newton County two weeks ago. The crime was committed at the residence of Harrison Pruitt during a dance. The head of the deceased was almost severed from his body with a knife. Newman is only eighteen years old.'

The March 5 issue of the Daily Arkansas Gazette repeats this, but adds: 'Lee Newman was placed in jail here today on a charge of killing Marion Lewis near Fallsville, this county, last Tuesday night.' This would make Marion's death date February 28, however, upon reviewing other articles, I began to think Marion's death date should be March 1.

Reaching back out to the man who brought this story to my attention, my friend Scott Hensley, he kindly shares some emails from family members he had received about this tragic incident. Vickie again shared some information:

'Grandma told me Marion was a fiddle player. One night he and Wash went to a barn dance where another man there became angry with him over a girl. Ma (my great grandma) said she and Pa had decided not to go that night but they could hear the music playing from their house. She said Marion got his throat cut and bled to death trying to get home.'

Scott also sent me further information: ''I have corresponded with a cousin Rita Ficht. Rita is descended from Jessie Roberts thru his son Pharris and his son Jackson Roberts. Rita is also a Holland. Her grandfather and my ggg grandmother Margaret Holland Hensley were siblings. Rita is also related to the Stepp and Newman families.' He then sent me what she had emailed him when he began looking into this story, many years ago:

'Hey Scott, I saw your query in Newton county about the killing. Lee Newman was my Grandpa Stepp's first cousin. I have never heard anything about this, so please let me know what you learn. I know next to nothing about Lee. My aunt married his brother Lafe, ( yeah---second cousins!) and I have asked the only living child that is left for information on Lee and he doesn't seem to know much about him. Apparently, he left Arkansas at some point in time. Rita.'

This was all very helpful in determining Marion's family and where he sprang from, but it seems Lee was an enigma. I could find nothing about him as I began looking.

Though the papers initially pinned the crime on Lee Newman, an interesting twist arises in the Arkansas Democrat of August 17:

'The transcript in the case of Elias Sutherland, from Newton County, was filed today in supreme court. He was convicted of the murder of Marion Lewis March 1, 1905, and sentenced to 19 years imprisonment. He was indicted for murder in the first degree.'

So, apparently Elias killed Marion, but where did Lee Newman come into play at?

A little more digging found Elias again in the Arkansas Democrat, September 19: 'No. 1065-Elias Sutherland, appeal from Newton circuit court; murder second degree.' So now we had a case number!

On September 30, the Democrat again printed an item on the ongoing court cases, which simply stated: 'No. 1065- Elias Sutherland vs. State of Arkansas; Newton circuit court (murder second degree); reversed.'

The Democrat of October 21 printed: '1061-Elias Sutherland vs. State of Arkansas (murder, second degree), Newton circuit court. Appellant given three weeks to file brief on motion for rehearing.'

Clarifying all this is the July 8, 1906 issue of the Daily Arkansas Gazette, though the name of the victim is erroneously listed as Marion's brother, Wash:

'Jasper, July 7. Elias Sutherland, charged with killing Wash Lewis in this county last year, was tried in Circuit Court here this week and convicted of murder in the second degree, and sentenced to five years in the penitentiary. Sutherland was tried and convicted for the same offense a year ago and given nineteen years, but appealed to the Supreme Court, and the case was reversed.'

A short item in the July 20, 1906 issue of The Mountaineer Echo states: 'At the recent term of the Newton Circuit Court, Silas Southerland was given a five year term in the penitentiary for the killing of Marion Lewis of that county in 1905.'

An excellent article that clears up the involvement of Lee Newman finally appears in the July 16, 1906 Arkansas Democrat, which relates again the sentence:

'Silas Sutherland has just been convicted of murder in the second degree for the killing of Marion Lewis by stabbing him to death at a dance March 1, 1905. This was the second trial of the case, the first having resulted in a verdict of guilty and the assessment of nineteen years imprisonment. An appeal was taken to the Supreme Court, which reversed and remanded the cause. The court reduced the sentence of six years, in the second trial, to five years, and no further appeal will be taken.

'From the testimony it appears that there was a general row at the dance. Lewis Newman made an attack on Marion Lewis, and while this was taking place, Sutherland approached from the rear, and struck Lewis in the neck with a knife, cutting the jugular vein. Newman at the January term pleaded guilty to an assault and was given a county jail sentence and paid a fine.'

So, it seems that these boys weren't punished very hard for the murder of Marion. Further confirming this, I find an article in The Log Cabin Democrat of July 18, 1907, relating to a list of pardons issued by Governor Xenophon Overton Pindall, in which it states the fate of Elias:

'Elias Southerland, convicted in the Newton County Circuit Court in July, 1906, on the charge of murder in the second degree and sentenced to five years in the penitentiary, was granted a pardon,'

Looking into 'Silas' or 'Elias' Sutherland, I find another grave in Newton County, this time in the Sutherland-Boling Cemetery, for an Elias Alfred Sutherland, 1874-1933. I believe this is the correct man. Interestingly enough, Elias was also lying in an unmarked grave!

As sad as this all is, I found it more sad that Marion was never marked. This is sad in any case, but it seems more so after a young man had his life brutally taken from him. But, this is one area in which I knew I could help!

I contacted a family member of Marion's, my friend Scott Hensley, again, and we both agreed that Marion was likely buried with his other family members in the Radford's Freewill Cemetery.

I got in touch with the caretaker and asked if we could put up a stone to mark young Marion. The lady said "Honey, that's out in the country! You do whatever you'd like!" Making me chuckle.

I ordered his stone from Hart's on February 14, 2024, and picked it up on March 22.

On a cool and overcast Sunday morning, I pulled up and through the gates to Radford's Freewill.

Scott, his wife Jackie and son Isaac were along shortly and we canvassed the area, agreeing that placing Marion next to his brother would be best.

We sat the marker up for Marion, as Scott regaled me with tales of the area and its rich history. Truly, it was a great morning, even if I was in too big of a hurry! I could have stood there all day and listened!

Over in the edge of Madison County, the end of our story is now set in stone.

One more nameless field stone is now known; one more sad story told.

On an interesting note; I was able to mark Marion, and then his murderer, as well, shortly afterwards, who ended up being murdered himself (a story for another time)!

As the winds whip through the woods around Radford's Freewill Cemetery, the tall grass sways. As you part it and make your way towards the back of the burial ground, your eyes might catch a gleam of sunlight off a newer stone, among the older and faded ones.

Here lies young Marion, marked next to his brother and his wife. May he rest in peace.