Tuesday, March 16, 2021

The Oxbow Incident

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The incident occurred in a valley that resembled the shape of an ox-bow. Just as the ox-bow lay around an animal's throat, so does the noose around the necks of three innocent men. The message clearly lies in the letter of a dead man, "Man just can't mutually take the law into his own hands, and hang people without hurting everybody in the world. Cause then he's not just breaking one law, but all laws. Law's a lot more that a word you put in a book or judges, lawyers, and sheriffs you hire to carry them out. It's everything people ever found out about justice and what's right and wrong. It's the very conscience of humanity. There can't be any such thing as civilization unless people have a conscience, because if people touch God anywhere, where is it except in their conscience. And what is anybody's conscience except a little piece of every man's conscience that ever lived…


Review


Two men (Art and Gil) find themselves in Bridger Wells, a small frontier town that they have visited before. They headed straight to Canby's saloon where they made small talk with the barkeep. They were told of some recent problems with cattle rustlers in the area. Just then a foreman from a local ranch busted through the door screaming that they had killed his boss and that they'd be needed to form a posse to track down these murderers.


The townsmen scurried to their horses, almost as if they were excited. They ignored the town's preacher who asked them to wait for a sheriff and rode off with the attitude of an "Eye for an eye". Shortly after, the men began to argue over what would be the punishment of the murderers. Some chose law and other's chose lawlessness. The ride continued with snide remarks towards one another's opinion, and eventually grew quiet.


At one a.m. the posse surrounded three men around a campfire. The posse, now 8 strong, quickly tied the hands of the men, and began accusing them of murdering Drew Kinkaid, a local rancher. Donald Martin, who claimed to be the boss of the three, explains where he's from and what they are doing. This was buying 50 head of cattle from Mr. Kinkaid to start a new life for him and his family, on their just bought ranch nearby.


When, the riled up, Major Tetley asked Martin to produce a bill of sale. He doesn't have one. Major Tetley turned to one of Kinkaid's cowhands and asked if he ever knew Kinkaid to do business without writing a receipt. The cowhand replied "nope". That was enough for some of the group to assume Martin's guilt.


The three men repeatedly announced their innocence, and yet, they were continuously interrogated by a group of men who already had their minds made up. Although there were a few who spoke up for the law to be carried out, they were the minority, and the three men were hanged from a tree. But not before Martin could write a letter to his wife and children.


As the posse rode back to Bridger's Well they came upon some men riding towards them, one with a bandage on his head, the other wearing a badge. Here they were the sheriff, the judge, and Mr. Drew Kinkaid? Yes, and alive. When the judge found out what had happened, he accused Major Tetley of murder. Kinkaid concurred that he had sold the cattle to a new, young man with a family, and then they knew. They had hanged three innocent men.


Art reads the dead man's letter to the rest of the posse. Which stated he felt sorry for these men for they know not what they do. Later Art rides off to help to care for Martin's widow and their two children.


Leo Frank


Leo Frank, accused of the murder of a young Irish girl in Atlanta, was also at the hands of an angry mob and though he was tried in court of law, he was not entitled to all aspects of due process. There were similarities in that people believed in hearsay, also being considered an outsider caused much prejudice, and he, too, hung from a tree. Some of the differences were that he was allowed an attorney and witnesses on his behalf.


Emmett Till


Emmett Till, a young northern black boy murdered for saying "Bye baby" to a white southern girl did not receive due process as was the case of the accused in the book. The Till murder resembled The Oxbow Incident because prejudice played a part, just as with the Mexican who worked for Martin in the book, and because his guilt was also partially based on hearsay. The two differed in that Emmett's murderers actually went to trial (though found not guilty), and that Emmett's death would lead the way to change how American's (especially northern blacks) view due process of the law today. He sometimes is referred to as the "sacrificial lamb of the civil rights movement".


Due Process


Requiring that no person be deprived of life, liberty, or property without due process of law nor be denied equal protection under these laws. This involves the accused to have proper representation and to be tried in front of a jury made up of his/her peers.


Conflict - Martin, Hardwick, and Martinez were not allowed to go to Kinkaid's ranch to prove they bought the cattle, If they had been they would have found the truth.


Hearsay


It is rumor, though sometimes allowed as evidence when concerning something pertinent to the case that was said out of the courtroom. This is given during trial to prove the truth.


Consistent When Green, the cowhand, said that Drew Kinkaid never sold cattle without a bill of sale it was taken as the truth, though it was actually hearsay.


Presumption of Innocence


All persons are innocent until proven guilty beyond a reasonable doubt.


Conflict - Major Tetley would not accept the innocent pleas of the three men. He was not hearing what Martin had to say because he was a stranger to the town. Tetley automatically discriminated against the Mex, Jaun Martinez, after listening to Bartlett say he was a gambler wanted for murder (unfounded) and finally he coerced Hardwick, an old feeble minded man, into telling him a story that wasn't true and that the Mexican killed Kinkaid all because he was bent on getting what he wanted, not the truth.


Sixth Amendment


In all criminal prosecutions, the accused has a right to a speedy trial, by an impartial jury, to be confronted by the witness against him, to obtain witnesses in his favor, and to have council in his defense.


Conflict - The three men were not offered any of these liberties.


Escobedo vs. Illinois


The defendant has a right to an attorney if being arrested for a crime.


Conflict - The posse never really told Martin that Kinkaid was dead until after he asked them to go ask Kinkaid about selling him the 50 head of cattle. Martin was never appointed anyone to speak on his behalf legally.


Miranda vs. Arizona


Court said that all defendants have a right to an attorney, even if the state has to provide one and that anyone arrested has to be informed of the right to remain silent and to have an attorney present upon questioning.


Conflict If the Ox Bow three could have had the option to remain silent until given an attorney (though not likely to have happened) their words could not have been twisted or used against them, and if the feeble minded, Hardwick at the Ox Bow would have had a lawyer he could not have been coerced by the Major to make a confession.


Death Wish


The plot of Death Wish involved a victim taking justice into his own hands while the storyline in The Ox Bow Incident focused on a group of men taking law into theirs. The central messages in both are very similar. When there is a form of vigilantism it actually is the origin of another crime. It is easy to rationalize violence man against man. It is not so easy to find the exact nature of the prejudice and fight it. Especially, when such men defend values from a position of privilege. Both of these situations shared individuals who thought of themselves as morally superior. They both needed to find balance between thought and action.


Without our Constitution and its Amendments we would live in an unjust, unruly, and hostile society. These laws took great minds much time to write and benefit the welfare of all people. I for would not want to live in a nation without them.


Historical Metaphor


Yes, when this book was written I'm sure the author was aware of the swelling race problem in America. There were over 5000 thousand African Americans lynched in the United States from 180-160. This book would have had to force a reader to deal with their beliefs regarding hangings and due process without it being in a black verses white context.


The incident occurred in a valley that resembled the shape of an ox-bow. Just as the ox-bow lay around an animal's throat, so does the noose around the necks of three innocent men. The message clearly lies in the letter of a dead man, "Man just can't mutually take the law into his own hands, and hang people without hurting everybody in the world. Cause then he's not just breaking one law, but all laws. Law's a lot more that a word you put in a book or judges, lawyers, and sheriffs you hire to carry them out. It's everything people ever found out about justice and what's right and wrong. It's the very conscience of humanity. There can't be any such thing as civilization unless people have a conscience, because if people touch God anywhere, where is it except in their conscience. And what is anybody's conscience except a little piece of every man's conscience that ever lived…


Review


Two men (Art and Gil) find themselves in Bridger Wells, a small frontier town that they have visited before. They headed straight to Canby's saloon where they made small talk with the barkeep. They were told of some recent problems with cattle rustlers in the area. Just then a foreman from a local ranch busted through the door screaming that they had killed his boss and that they'd be needed to form a posse to track down these murderers.


The townsmen scurried to their horses, almost as if they were excited. They ignored the town's preacher who asked them to wait for a sheriff and rode off with the attitude of an "Eye for an eye". Shortly after, the men began to argue over what would be the punishment of the murderers. Some chose law and other's chose lawlessness. The ride continued with snide remarks towards one another's opinion, and eventually grew quiet.


At one a.m. the posse surrounded three men around a campfire. The posse, now 8 strong, quickly tied the hands of the men, and began accusing them of murdering Drew Kinkaid, a local rancher. Donald Martin, who claimed to be the boss of the three, explains where he's from and what they are doing. This was buying 50 head of cattle from Mr. Kinkaid to start a new life for him and his family, on their just bought ranch nearby.


When, the riled up, Major Tetley asked Martin to produce a bill of sale. He doesn't have one. Major Tetley turned to one of Kinkaid's cowhands and asked if he ever knew Kinkaid to do business without writing a receipt. The cowhand replied "nope". That was enough for some of the group to assume Martin's guilt.


The three men repeatedly announced their innocence, and yet, they were continuously interrogated by a group of men who already had their minds made up. Although there were a few who spoke up for the law to be carried out, they were the minority, and the three men were hanged from a tree. But not before Martin could write a letter to his wife and children.


As the posse rode back to Bridger's Well they came upon some men riding towards them, one with a bandage on his head, the other wearing a badge. Here they were the sheriff, the judge, and Mr. Drew Kinkaid? Yes, and alive. When the judge found out what had happened, he accused Major Tetley of murder. Kinkaid concurred that he had sold the cattle to a new, young man with a family, and then they knew. They had hanged three innocent men.


Art reads the dead man's letter to the rest of the posse. Which stated he felt sorry for these men for they know not what they do. Later Art rides off to help to care for Martin's widow and their two children.


Leo Frank


Leo Frank, accused of the murder of a young Irish girl in Atlanta, was also at the hands of an angry mob and though he was tried in court of law, he was not entitled to all aspects of due process. There were similarities in that people believed in hearsay, also being considered an outsider caused much prejudice, and he, too, hung from a tree. Some of the differences were that he was allowed an attorney and witnesses on his behalf.


Emmett Till


Emmett Till, a young northern black boy murdered for saying "Bye baby" to a white southern girl did not receive due process as was the case of the accused in the book. The Till murder resembled The Oxbow Incident because prejudice played a part, just as with the Mexican who worked for Martin in the book, and because his guilt was also partially based on hearsay. The two differed in that Emmett's murderers actually went to trial (though found not guilty), and that Emmett's death would lead the way to change how American's (especially northern blacks) view due process of the law today. He sometimes is referred to as the "sacrificial lamb of the civil rights movement".


Due Process


Requiring that no person be deprived of life, liberty, or property without due process of law nor be denied equal protection under these laws. This involves the accused to have proper representation and to be tried in front of a jury made up of his/her peers.


Conflict - Martin, Hardwick, and Martinez were not allowed to go to Kinkaid's ranch to prove they bought the cattle, If they had been they would have found the truth.


Hearsay


It is rumor, though sometimes allowed as evidence when concerning something pertinent to the case that was said out of the courtroom. This is given during trial to prove the truth.


Consistent When Green, the cowhand, said that Drew Kinkaid never sold cattle without a bill of sale it was taken as the truth, though it was actually hearsay.


Presumption of Innocence


All persons are innocent until proven guilty beyond a reasonable doubt.


Conflict - Major Tetley would not accept the innocent pleas of the three men. He was not hearing what Martin had to say because he was a stranger to the town. Tetley automatically discriminated against the Mex, Jaun Martinez, after listening to Bartlett say he was a gambler wanted for murder (unfounded) and finally he coerced Hardwick, an old feeble minded man, into telling him a story that wasn't true and that the Mexican killed Kinkaid all because he was bent on getting what he wanted, not the truth.


Sixth Amendment


In all criminal prosecutions, the accused has a right to a speedy trial, by an impartial jury, to be confronted by the witness against him, to obtain witnesses in his favor, and to have council in his defense.


Conflict - The three men were not offered any of these liberties.


Escobedo vs. Illinois


The defendant has a right to an attorney if being arrested for a crime.


Conflict - The posse never really told Martin that Kinkaid was dead until after he asked them to go ask Kinkaid about selling him the 50 head of cattle. Martin was never appointed anyone to speak on his behalf legally.


Miranda vs. Arizona


Court said that all defendants have a right to an attorney, even if the state has to provide one and that anyone arrested has to be informed of the right to remain silent and to have an attorney present upon questioning.


Conflict If the Ox Bow three could have had the option to remain silent until given an attorney (though not likely to have happened) their words could not have been twisted or used against them, and if the feeble minded, Hardwick at the Ox Bow would have had a lawyer he could not have been coerced by the Major to make a confession.


Death Wish


The plot of Death Wish involved a victim taking justice into his own hands while the storyline in The Ox Bow Incident focused on a group of men taking law into theirs. The central messages in both are very similar. When there is a form of vigilantism it actually is the origin of another crime. It is easy to rationalize violence man against man. It is not so easy to find the exact nature of the prejudice and fight it. Especially, when such men defend values from a position of privilege. Both of these situations shared individuals who thought of themselves as morally superior. They both needed to find balance between thought and action.


Without our Constitution and its Amendments we would live in an unjust, unruly, and hostile society. These laws took great minds much time to write and benefit the welfare of all people. I for would not want to live in a nation without them.


Historical Metaphor


Yes, when this book was written I'm sure the author was aware of the swelling race problem in America. There were over 5000 thousand African Americans lynched in the United States from 180-160. This book would have had to force a reader to deal with their beliefs regarding hangings and due process without it being in a black verses white context.


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Zora Neale

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