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Peter Mackley and Willella |
Jeff Hines was a driver for the American Railway Express Co., and his pride was wounded, on two occasions, by my great-grandmother, Chloe Moffett Mackley, Peter Mackley's wife. The first offense took place on the Monday before the killing, when Hines arrived at Majestic Floral with a shipment of fresh flowers. Peter Mackley co-owned the shop with his father-in-law, George Moffett. Chloe Mackley, who helped run the shop, was there when Hines arrived. The two argued about something, but the nature of this "trivial dispute," as she later called it, is unknown.
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Chloe Mackley |
The matter was resolved in principle, but there were still some details to complete. The Mackleys knew that someone from the express company would come by to collect the adjusted charges and bring the receipt book to be signed. But they didn't expect it to be Hines. He had, in fact, been told not to go; his employer knew of the dispute between Hines and the Mackleys, and had designated another employee to run the errand. But Hines insisted on going himself. First, he borrowed a gun because, he later testified, he was concerned that Mr. Mackley "might attempt to do me violence in his own store." The gun was a massive Colt .44 revolver, but it had only one light cartridge so Hines purchased several heavy cartridges.
Colt .44 pistol (Wikipedia) |
As Mr. Mackley signed, Hines asked for an apology because of the harsh words he had received from Mrs. Mackley. Mr. Mackley told Hines that he did not deserve an apology, and then Hines pulled out his gun. He insisted again that Mr. Mackley make amends; the women in the back heard a raised voice say, "Apologize!" Mrs. Mackley stood up and made her way to the front. She saw her husband with both hands raised, Hines' revolver pointed at him. As she passed her desk, she opened the drawer and pulled out a pistol of her own. She later said she intended not to use it but to give it to Mr. Mackley.
The details of what happened next are disputed. Hines said that he told Mrs. Mackley, "Lady, for God's sake please put up that gun, the trouble's all over," to which she replied, "No it ain't either; I'm in on this." She then raised her pistol and Hines shot her in self-defense. Then Mr. Mackley jumped in front of her, taking Hines' second bullet. Hines then shot Mrs. Mackley a second time, and finally shot Mr. Mackley a second time.
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From the McCurtain Gazette |
Regardless of the sequence of events, Mr. and Mrs. Mackley were each shot twice. One of the bullets struck Mr. Mackley in the heart. He spun, fell into his wife's arms, and muttered "Chloe!" He died almost immediately. The shop was full of smoke as Hines made his way out the door. He stated later that he simply walked away and surrendered to a police officer; another account has him returning to the delivery office first before being arrested. Both accounts agree that he was taken into custody on the Texas side of town and returned to the Arkansas side. This is plausible--the flower shop was located in the Foreman Building on State Line Avenue in Texarkana, Arkansas, just across the street from Texarkana, Texas.
A crowd soon gathered at Majestic Floral. Among those who rushed to the scene was Era V. Williams, who worked next door at the U.S. employment office. She later testified that she ran into the store and asked Mrs. Mackley what happened. "Oh, Mr. Mackley has been killed, he has been killed," she said. Era said Mrs. Mackley then muttered, under her breath, "And it was my fault." As for Jennie Van Treese, who had been chatting with Mrs. Mackley when Hines entered the store, she retreated to a back room when the shooting started and offered few details beyond that point. She could not recall in court how many shots were fired.
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From the Tulsa Daily World |
Hines, 30, was convicted of second-degree murder and sentenced to 15 years in the Arkansas penitentiary for killing Mr. Mackley. There was a second trial for assault to kill Mrs. Mackley; I have no records regarding the verdict in that case. I don't know how long Hines was in prison. At the time of his conviction, he had a wife and two young daughters.
My grandmother told me stories about the shooting. I can still see her pointing to her chest and tracing a path around her ribs, showing me where the bullet entered her mother's body and explaining how it ranged back and out, striking her arm as it exited.
I don't remember hearing about the lawsuits that were filed afterward. Mrs. Mackley sought damages from the American Railway Express Co., and initially was awarded a judgment of $103,500. The verdict was overturned on appeal, however, with the Arkansas Supreme Court stating that, even though Hines was an employee and was in the flower shop on company business, the business was limited to the transaction involving the flowers and settlement for damages. It was not within the scope of his employment to shoot anyone, and his employer had not asked him to do so. Once Hines acted violently, the employer's responsibility ended and he was on his own.
"There would have been no trouble," the court said, "but for the fact that Hines thought an apology was due him for what Mrs. Mackley had said the day before. His demand for an apology was made during his employment; but it was no part of his employment. It was in no manner necessary for him to obtain this apology to discharge his employment, and his act in demanding it must be attributed to a feeling of personal resentment, or injured pride, or some other emotion impelling him to rashness, of which the master was not advised and for which the master was not responsible, because it was a matter in which the master had no concern."
More:
- "Peter Mackley Killed; Wife Wounded." Old, W. J., editor. McCurtain Gazette. (Idabel, Okla.), Vol. 14, No. 5, Ed. 1 Monday, May 12, 1919, Newspaper, May 12, 1919; (http://gateway.okhistory.org/ark:/67531/metadc141509/ : accessed October 31, 2015), Oklahoma Historical Society, The Gateway to Oklahoma History, http://gateway.okhistory.org; crediting Oklahoma Historical Society, Oklahoma City, Oklahoma.
- "Shot to Death As He Pleaded With Assailant." The Daily Texarkanian. Monday, March 10, 1919.
- "Testimony Given by Mrs. Mackley at Hines Hearing." Old, W. J., editor. McCurtain Gazette. (Idabel, Okla.), Vol. 14, No. 9, Ed. 1 Wednesday, March 26, 1919, Newspaper, March 26, 1919; (http://gateway.okhistory.org/ark:/67531/metadc141497/ : accessed October 31, 2015), Oklahoma Historical Society, The Gateway to Oklahoma History, http://gateway.okhistory.org; crediting Oklahoma Historical Society, Oklahoma City, Oklahoma.
- "Verdict of Second Degree Murder Against Jeff Hines." Old, W. J., editor. McCurtain Gazette. (Idabel, Okla.), Vol. 14, No. 32, Ed. 1 Saturday, June 14, 1919, Newspaper, June 14, 1919; (http://gateway.okhistory.org/ark:/67531/metadc141519/ : accessed October 31, 2015), Oklahoma Historical Society, The Gateway to Oklahoma History, http://gateway.okhistory.org; crediting Oklahoma Historical Society, Oklahoma City, Oklahoma.
- "Quarrel Over 60 Cents; Florist Shot to Death." The Morning Tulsa Daily World. (Tulsa, Okla.), 09 March 1919. Chronicling America: Historic American Newspapers. Lib. of Congress. <http://chroniclingamerica.loc.gov/lccn/sn85042345/1919-03-09/ed-1/seq-1/>
- "Express Company Lost Big Damage Suit Friday." Old, W. J., editor. McCurtain Gazette (Idabel, Okla.), Vol. 14, No. 67, Ed. 1 Wednesday, October 13, 1920, Newspaper, October 13, 1920; (http://gateway.okhistory.org/ark:/67531/metadc99766/ : accessed November 03, 2015), Oklahoma Historical Society, The Gateway to Oklahoma History, http://gateway.okhistory.org; crediting Oklahoma Historical Society, Oklahoma City, Oklahoma.
- American Railway Express Company v. Mackley, 148 Ark. 227, 230 S. W. 598. http://opinions.aoc.arkansas.gov/WebLink8/0/doc/172542/Electronic.aspx
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