Individual Details
Bertran Dair (or Dare) Rivers
(December 1, 1884 - October 8, 1926)
"Walter Rivers said Bert Rivers had been born in Bethlehem, Mississippi, and educated in the public schools. We know from Dunbar Rowland's Mississippi that he attended a school in Natchez, which Aunt Clara Rivers Griffith in a letter to me identified as the Natchez Military Academy. She said he was handsome in his uniform.
"For us who did not know him, the central fact about my grandfather was his murder on October 8, 1926. He was, however, nearly forty-two years old at that time, with a busy life behind him.
"It is not certain now how Bert's middle name was spelled. Aunt Clara insists the spelling was Dair, and Walter Rivers, who probably had his information from her, wrote it that way. Others in the family have claimed it was spelled Dare. Not even Aunt Clara remembers where the name had come from. No one in his parents' families had that name.
"Bert Rivers was married to Amelia (Mildred) Marie West by a Catholic priest in Yalobusha County, Mississippi, on February 17, 1908. At the time of the marriage she was several months pregnant, but not even her daughters knew that until after her death, when they read her marriage certificate. That Mildred West's family was Catholic seems not to have been important to her after her marriage. Mother and others in the family said there had been no Catholic church in Quitman County, where she and Bert Rivers were living, so the priest in Holly Springs told her to send her children to the Methodist Church, that being the nearest thing to Catholic in doctrine. That is extraordinarily unlikely. Mildred's sister Margaret Josephine West, who never married and lived in Holly Springs all her life, was so active in the Catholic church there that she was considered a saint by the community, and her funeral was a big event. Mildred's family, though, was shocked by the perfunctory funeral service she was given by the Catholic church.
"The first three children of Bert and Mildred were born in Holly Springs. I am not sure when the family moved to Quitman County, but they were living in Vance, south of Lambert, when Margaret Lee was born in 1916. Two years later they moved to Marks, which remained the family home.
"Bert managed farms belonging to other people, and I thought he never had land of his own. His daughter Mildred Rivers Phelps, however, says he did own land. I don't know whether he farmed his parents' place in Hinchcliff or not.
"Mother told us surprisingly little about her father, or maybe I just remember very little. She spoke of whole days spent on the farm canning vegetables and fruit that they cooked in huge kettles. She told how terribly her father suffered from asthma and how Dr. Furr would sit up with him at night when he was having an attack.
"In 1923 Bert Rivers ran for sheriff of Quitman County. The race was extremely hotly contested. I reproduce here the accounts from the Marks newspapers, which are on file in the Quitman County Chancery Clerk's office. I have not tried to arrange the material in columns as in the original.
"From the Marks Advertiser, January 5, 1923, here is a list of the candidates at that time: F. M. Hamblett, D. H. Smith, A. B. Shelton (already withdrawn), T. P. McArthur, M. M. Omer, L. G. Newsome, C. R. Riley, Ula B. Ross, B. D. Rivers.
"On Friday, August 10, 1923, The Marks Advertiser announced on page 1 that the race for sheriff was between T. P. McArthur and B. D. Rivers, the latter getting into the second primary over U. B. Ross by a margin of four (sic) votes. There follows a list of the vote totals: T. P. McArthur - 247; D. H. Smith - 42; C. R. Riley - 84; F. M. Hamblett - 126; M. M. Omer - 182; U. B. Ross - 241; B. D. Rivers - 244; L. G. Newsome - 120.
"On August 31, 1923, page 1 was full of election results, the main news being the governor's race. There were two paragraphs about the sheriff's race. The race in this county for the various county offices was one of the hardest fought in the history of the county. The question of who will be sheriff, at this hour Friday morning, remains considerably in doubt. On the face of the returns from the eleven precincts, T. P. McArthur had a majority of three over B.D. Rivers. There were, however, a number of sealed ballots among them, which, when taken up by the Executive Committee Thursday, reduced his majority to one, later giving Rivers one or two in the lead, and late Thursday evening wound up with McArthur leading by one or two. There are still at this time eleven more sealed ballots, six of them being in the Marks box, which will be threshed out by the committee which may result in a tie, in which event they will have to run the race over again. The interest of Mr. Rivers is being looked after by attorneys W. F. Gee and L. B. Lamb, and that of Mr. McArthur by Judge M. E. Denton and W. M. Donaldson.
"On September 7, 1923, page 1 was again full of news about the race. "RACE FOR SHERIFF RESULTS IN TIE. ANOTHER ELECTION ON SEPT. 13. The race for sheriff in this county has been decided a tie by the executive committee and the two candidates themselves. In the second primary T. P. McArthur had a lead of three votes over B. D. Rivers on the face of the returns. There were a number of sealed ballots in several of the boxes, and while some were counted by the committee and some were thrown out, neither of the candidates apparently "got anywhere." The meeting was continued from last Friday until Thursday of this week to decide the matter and in the meantime the candidates themselves did some figuring on the remaining six sealed ballots which were in the Marks box. Figuring that the count would result in a tie, and in order to save the committee further embarassment, Messers. Rivers and McArthur entered into, an agreement to call it a tie and, call a third primary on September,13th to decide the nominee. The agreement is as follows: "This agreement made this day by and between B. D. Rivers and T. P. McArthur, Witnesseth: That the parties hereto hereby agree that in as much as the result of the primary election held on August 28th, 1923 appears to be in doubt as to who received the nomination for Sheriff in said primary election in Quitman County, Mississippi, the following course shall be adopted for, the purpose of settling the matter of the nomination of a Sheriff for said county on the Democratic Party ticket for the general election to be held next November. (There followed a long, nine-point agreement, which I haven't copied.) Witness our signatures in duplicate this September 3, 1923 - W. E. Gore, B. D. Rivers, M. P. Lowrey, T. P. Mc.Arthur, Witnesses."
"The bottom right-hand corner of that first page in the copy of the paper in the Quitman County courthouse has been cut out. I can't reconstruct what may have been there. Next to it at the bottom is an advertisement by B. D. Rivers; the right edge of the second column was partly trimmed away, but it is fairly obvious what it originally said. The parentheses enclose my reconstruction. "To the Democratic Voters of Quitman County, Miss. - I want to thank you from the bottom of my heart for your loyal support and vote in the first and second primary elections, and take this opportunity to solicit a continuance thereof from old supporters and new ones alike, from this time throughout the third primary, which will be held on Thursday, September 13, 1923, to determine the nominee for Sheriff, a tie having been declared to exist in the second race between myself and my opponent. I wish to reiterate and renew my pledges to the people for law enforcement, without fear or favor, if favored with the nomination, and (it) shall be my constant aim to give (the) administration of the office as (the) law requires and contemplates. If nominated and elected, I ass(ure) you that the office shall be f(ree) from family relations, as so m(any) have charged that it might be, (and) promise to be your Sheriff, (the) Sheriff of all the people, rich (and) poor, alike, and you shall ne(ver) have cause to regret the extens(ion) of your suffrage in me for office. Again thanking you, and w(ith) best wishes, I am, Yours very truly, B. D. (Bert) Rivers."
"It is hard to imagine that Mississippi election law in 1923 did not provide for close or tie votes, these arrangements were probably legal only because no one contested them.
"On September 14, 1923, the final results of the election were in the first column of page 1. "T. P. McARTHUR ELECTED SHERIFF OVER B. D. RIVERS BY 77. After one of the most spirited contests ever witnessed in Quitman County, Hon. T. P. McArthur was nominated for Sheriff yesterday over Hon. Bert Rivers by seventy-seven majority. In the first primary eight men were out after this office. McArthur and Rivers being the two highest, were in the run-off for the second primary, which was declared a tie, though on the face of the returns. McArthur received a majority of three votes. Another primary was called for September 13th to decide the nominee, and certain agreements were made by the two candidates relative to qualifications, etc. It seems that interest in the election never lagged, as there was a full vote in every precinct. Friends of both candidates were on the go day and night, and the out of town voter was given every opportunity to get to his voting precinct without having to walk. There were a number of surprises in some of the boxes. At Marks in yesterday's election, Mc-Arthur led Rivers by 99 majority, while in the second he led by only 43, McArthur gaining 56 in the last primary. At Lambert in the second primary Rivers carried the box by a heavy majority, though yesterday his lead was reduced to only 9. In almost every precinct McArthur made a small gain. The election of Mr. McArthur was the cause of the largest demonstration of enthusiasm and good nature ever witnessed in the county since the night of the famous court house removal question. His friends coming from all parts of the county to help celebrate their great victory. During the night Mr. McArthur made a short talk in which he pledged a faithful performance of the duties of the office, and the enforcement of the laws. The Advertiser takes pleasure in congratulating Mr. McArthur and his splendid family on his election, and we believe he will make a still better sheriff than ever before."
"The difference here is 39 votes, not 77, as the headline and the first paragraph state. (The following week the paper said the totals were 705 and 628, but I don't have a copy of that article.) The article here continues about McArthur. I missed the end of the first column, but I show what appears in the second column. "...been three times elected to the office of Sheriff. Many people have wondered wherein lay the source of his political success. It is due principally to the fact that he plays the game straight. He never makes political promises that he cannot fill, and he was never known to "ditch" a friend. In making campaigns it is frequently necessary to line up with certain other candidates for office, and when it was necessary for him to do this, he always "stayed with the crowd," sink or swim, never trading them off to gain votes for himself. He can always be depended on to tell the truth (except about his hunting and fishing; no one believes anything he says about that). As an officer he ranked as among the most efficient, and his reputation as a catcher of criminals was known far and near. It has been said that whenever a criminal who was familiar with his reputation heard that McArthur was on his trail he came in and gave up, knowing full well that he would get caught sooner or later. Those who feared that if McArthur was elected the county would be full of whiskey stills need not fear unless they are engaged in the business themselves. Those who know him know that he will get them---he will not only come in with the still, but will get the man and put him in the penitentiary. Mr. McArthur has only the best interests of the county at heart---he is a one hundred per cent Quitman County man. He has spent nearly all of his life in the county, made his money, and spent it and lost it in Quitman County, and we believe he will as a good citizen and as Sheriff make his home county a better and brighter place to live."
"At the time of his death, Bert Rivers was a Quitman County Supervisor. I have never looked up the newspaper accounts of the race for that position, but it can hardly have been so memorable as the one in 1923. Mother was a child in 1923, but she recalled that the family was opposed to Bert Rivers's remaining in the race, because there had been threats against his life. She said she was relieved that her father had lost, as Mr. McArthur had said Bert Rivers would never live to take office. Many things said in the heat of election campaigns mustn't be taken seriously, and we have to remember that we know only the embittered Rivers side of the story.
"It is clear whose side the newspaper was on, though. The tribute to Mr. McArthur reads like a paid political advertisement or a funeral oration.
"When her father died in 1926, Mother was 14 years old. She recalled that she was on the way to town, when someone stopped her and told her to go home to her mother, because something had happened. Before she reached the door she heard her mother scream. The report of the murder had naturally spread rapidly throughout Marks. It was planned for Dr. Furr to go to the Rivers house to tell my grandmother the bad news, but some well-meaning neighbors got there first.
"The extent of the injury to Bert Rivers's family is hard to imagine in our time, when so many social services are available to people who know how to obtain them. Aside from the personal loss, my grandmother must have been crazy with anxiety, left as she was with five children under the age of fifteen. The depression a few years later was of course hard for everyone, but I don't believe its effect on the family would have been so disastrous if Bert Rivers had been alive. Uncle Bert was a freshman at Ole Miss, and Uncle Boy was a junior in high school when their father died. Uncle Bert never went back to Ole Miss after his father's funeral, and, except for Mother, who was able to go to Blue Mountain College for one year because Aunt Clara and Uncle "Prof" Griffith had her come to stay there with them, none of the other children was able to go to college. My grandmother also lost her house either for taxes or to the bank. "The Quitman County Leader, the "only newspaper in Quitman County", carried the story on October 14, 1926, on page 1. The article is in the upper right corner, while the column to its left, "Marks Locals", has the two small items about the family. "Bert Rivers Killed by Farm Tenant."
"The following, under a Clarksdale headline, relative to the killing of Mr. Bert Rivers, at Birdie, Friday, October 8, which appeared in The Commercial Appeal, is so well written, and it is so near the facts, that we have concluded to use it without comment. "CLARKSDALE, Miss., Oct. 8. An argument over an adjustment of rent cost Bert Rivers, 45 years old, his life this morning at 10 o'clock, when he was shot and killed by J.A. Braswell, his tenant, according to Quitman County officers. The shooting occurred in a cotton field near Braswell's house. The tenant is under arrest, pending investigation. Mr. Rivers had resided in Quitman County for about 18 years. He was farming a tract of land near Birdie, and Braswell had been his tenant for the past year. It is alledged that both men were armed. Mr. Rivers was shot six times with a shotgun. Braswell was brought to Clarksdale this afternoon by Quitman County officers. Coahoma County officials were requested to incarcerate Braswell here for safekeeping, as it was stated that feeling was strong against the man, who is charged with murder. Coahoma officers, it is stated, refused to accept Braswell as a prisoner unless the local troop of the national guard would be called out to protect him. He was taken elsewhere for safe-keeping. Mr. Rivers was at one time a candidate for sheriff, and was defeated only by a small margin of votes. The football game which was to have been played here this afternoon between Marks and Clarksdale was postponed on account of Mr. Rivers' death, owing to the fact that one of the dead man's sons was a member of the Marks team. Mr. Rivers was president of the board of supervisors, Quitman County, a member of the Scottish Rite and other Masonic Bodies. Burial took place at 3 o'clock Saturday afternoon with services at the home of the deceased, conducted by Rev. J. M. Gunn, pastor of the Marks Methodist Episcopal Church, and concluding services at the Marks cemetery by the local Masonic lodge, he being a member of both. Friends were in attendance from Holly Springs, New Albany and from over the state besides a large concourse of friends in Marks and Quitman and Coahoma Counties, which with the many beautiful floral offerings, attested to the high esteem in which he was held. Mr. Rivers was born at Bethlehem, Marshall County, Miss., but he had lived in Quitman County for 15 years, during which time he had endeared himself to the people by his many acts of kindness and charity to those in distress and trouble. Surviving Mr. Rivers are his widow, Mrs. Mildred West Rivers, four sons, Bert, Jr., Walter West, Joe and William; three daughters, Mary Clare, Margaret and Mildred; mother, Mrs. L. N. Rivers, Sr.; four brothers, Clyde, Louis, Jr., all of Marks, Guy of Clarksdale and Aquilla of Jackson, and one sister, Mrs. Reuben Griffith of Blue Mountain.
"Once again a Brother Mason, having completed the design written for him on life's trestle board, has passed through the portals of Eternity and entered the Grand Lodge of the New Jerusalem and hath received his reward, the white stone with the new name written thereon. And Whereas, the all-wise and merciful Master of the Universe has called from labor to refreshments our beloved brother, he having been a true and faithful member of out beloved Order, therefore be it Resolved, That Marks Lodge No. 435, F. & A. M. of Marks, Miss., in testimony of her loss, drape its charter in mourning for thirty days and that we tender the family of our deceased brother our sincere condolence in their deep affliction and that a copy of these resolutions be sent to the family. M. D. Brett, E. E. Boone, M. E. Denton.
"Marks Locals: Wm. West and daughter, Miss Josephine, of Holly Springs, drove down Friday, on account of the death of Mr. Bert Rivers, and are staying over for a few days. Mrs. Rivers is the daughter of Mr. West. --- Mr. and Mrs. Aquilla Rivers of Jackson were here to attend the funeral of Bert Rivers, his brother. Mrs. Reuben Griffith, a sister of Blue Mountain, was also a member of the family attending the funeral.
"The following comment about the trial is from the Quitman County Leader,December 2, 1926, page 1. The article consists of only six lines at the top of the third column. "Braswell Gets Preliminary Hearing --- On Nov. 29, a preliminary hearing was given J. A. Braswell, who shot and killed Mr. Bert Rivers on Sept. 8. He was remanded to jail without bail to await the action of the grand jury.
"On February 10, 1927,there was an article on page 1, column 1, under "Circuit Court in Session." "B. D. Rivers Case --- Case of State vs. J. A. Braswell, charged with murder of B. D. Rivers called. Defendant filed motion for change of venue. Motion was sustained and case set for trial in circuit court in Clarksdale, to be tried at the term beginning there on third Monday in February. Defendant is represented by James Crawley, attorney, of Kosciusko, Miss. State is represented by Jno. T. Smith, District Attorney; A. A. Pogue, County Attorney; Boone, Lowrey & Boone, attorneys of Marks, and W. F. Gee, attorney of Clarksdale, and probably some others.
"From February 24, 1927, page 1: "Braswell held for the grand jury. The indictment in the case of J. A. Braswell, charged with the murder of Mr. B. D. Rivers, planter of this county, on October 8th, was sustained Wednesday morning by Judge Alcorn. Braswell was granted a change of venue from Quitman County, and the case was carried to Coahoma County, where it was to have been tried this term of court. The judge says the jury was irregularly drawn, and the court ordered Braswell held to await the action of the next grand jury of Quitman County. Braswell is represented by Attorney J. T. Crawley; the State by District Attorney J. T. mith and County Attorney C. S. Longino, assisted by Gee & Talbot, M. P. Lowery and E. E. Boone. It will be remembered that on the morning of October 8th Mr. Rivers went to the cotton field where Bras well was working, and an argument ensued, in which Mr. Rivers was killed. Braswell then came to Darling, called the sheriff and told him he had killed Mr. Rivers. He was arrested and carried to Greenwood and placed in jail for safe-keeping. He was brought to Marks later on for a preliminary, at which time he was remanded to jail without bail. The trial came up at the next term of court here, and he was given a change of venue.
"March 10, 1927, page 1, column 1: LIFE IMPRISONMENT FOR Braswell. Murderer of B. D. Rivers Sentenced by Judge Alcorn After Jury Couldn't Fix Punishment in Three Days. Everyone here is already familiar with the outcome of the Rivers case, but for a matter of record we reprint the following as clipped from the Clarksdale Resister of March 7th: J. A. Braswell, 37, Birdie farmer, charged with the murder of B. D. Rivers, 43, Quitman County farmer, on October 8th, in that county, was found guilty as charged by the jury in the case this afternoon at 3:17 o'clock. The jury, which had been deliberating on the case since late Saturday afternoon, reported that it could not agree as to the punishment. Judge W. A. Alcorn, Jr., sentenced Braswell to life imprisonment in the state penitentiary. The jury, which was given the case Saturday afternoon at 3:20 o'clock, was expected to report this morning at 9 o'clock, and a large crowd, including many citizens of Quitman county, assembled at the court house before the time set for the opening of court. Judge Alcorn ordered a special guard of members of the police department, consisting of policemen R. B. Davis, Gordon Dennis, O. L. England and Ben Kesee, to assist four or five deputy sheriffs who were also in the court room. Judge Alcorn also directed that Sheriff Glass and two deputies relieve spectators who filed into the court room shortly after 9 o'clock of any weapons that they might have. The morning hours wore away without any report from the Braswell jury, contrary to expectations, and after the sheriff had opened court at 7 o'clock and routine business was transacted Judge Alcorn ordered a recess until 2 o'clock this afternoon. When the jury filed into the court room this afternoon R. E. Bobo, foreman, came forward and handed the verdict to the clerk of the court, R. A. Myers, and as it was read by him Braswell sat on the opposite side of the court room with an unemotional expression, starring straight in front of him, looking at Mr. Myers. He was entirely surrounded by deputies and city policemen. The tension in the court roon was high, and as the jury filed in there was absolute quiet. After the verdict was read Judge Alcorn asked the defendant if he would care to make a statement before sentence was passed on him, and he said that he had a few words to say. "Judge, I do not know whether any of my folks are here or not. I don't know what decision you have to make in the case or what the sentence will be, but if it is life or death it is in the hands of the Lord," he said. "If it would help the widow or the children for you to take my life or my liberty, I will not begrudge them or you. I only ask every one in the court room not to think hard of the jury, the witnesses or me." Judge Alcorn then passed sentence on him of imprisonment in the state penitentiary for the period of his natural life. R. E. Bobo of Bobo was the foreman of the jury, and the other members of the jury were W. O. Tucker and J. W. Whitehead of this city; A. D. Sugg of Stovall; W. W. Gardner of Bobo; J. E. Buster, R. F. Salmon and E. P. Tomlinson, from Coahoma; G. A. Burnett of Rena Lara; C. H. Gaines of Hillhouse; R. B. Boyd and B. B. Baber of Farrell. The bailiffs for the jury were Tom Austen and Charles Clark. Special deputies were appointed, and a large number of the city police force were in attendance at court. The room was crowded. After the sentence had been passed the judge asked that the court room be cleared. Saturday during the argument in the case between counsel for the state and the defense, W. F. Gee, for the state, opened. He reviewed the case and went into a definite description of the bullet holes in the coat. He demonstrated his speech by putting on the coat of B. D. Rivers, the deceased, and showing the bullet holes in comparison to the body. J. T. Crawley, the second to speak and counsel for the defendant, opened his case by thanking the judge, the jury and members of the bar for their courteous treatment of him, a stranger. He gave his version of the case in detail and tried to make clear certain vital points to the jury." (Walter V. Turner, 1999.)
Information about the marriage of Bertram Dair Rivers and Milly West was taken from a marriage license, owned by Mildred Marie Rivers Phelps.
"For us who did not know him, the central fact about my grandfather was his murder on October 8, 1926. He was, however, nearly forty-two years old at that time, with a busy life behind him.
"It is not certain now how Bert's middle name was spelled. Aunt Clara insists the spelling was Dair, and Walter Rivers, who probably had his information from her, wrote it that way. Others in the family have claimed it was spelled Dare. Not even Aunt Clara remembers where the name had come from. No one in his parents' families had that name.
"Bert Rivers was married to Amelia (Mildred) Marie West by a Catholic priest in Yalobusha County, Mississippi, on February 17, 1908. At the time of the marriage she was several months pregnant, but not even her daughters knew that until after her death, when they read her marriage certificate. That Mildred West's family was Catholic seems not to have been important to her after her marriage. Mother and others in the family said there had been no Catholic church in Quitman County, where she and Bert Rivers were living, so the priest in Holly Springs told her to send her children to the Methodist Church, that being the nearest thing to Catholic in doctrine. That is extraordinarily unlikely. Mildred's sister Margaret Josephine West, who never married and lived in Holly Springs all her life, was so active in the Catholic church there that she was considered a saint by the community, and her funeral was a big event. Mildred's family, though, was shocked by the perfunctory funeral service she was given by the Catholic church.
"The first three children of Bert and Mildred were born in Holly Springs. I am not sure when the family moved to Quitman County, but they were living in Vance, south of Lambert, when Margaret Lee was born in 1916. Two years later they moved to Marks, which remained the family home.
"Bert managed farms belonging to other people, and I thought he never had land of his own. His daughter Mildred Rivers Phelps, however, says he did own land. I don't know whether he farmed his parents' place in Hinchcliff or not.
"Mother told us surprisingly little about her father, or maybe I just remember very little. She spoke of whole days spent on the farm canning vegetables and fruit that they cooked in huge kettles. She told how terribly her father suffered from asthma and how Dr. Furr would sit up with him at night when he was having an attack.
"In 1923 Bert Rivers ran for sheriff of Quitman County. The race was extremely hotly contested. I reproduce here the accounts from the Marks newspapers, which are on file in the Quitman County Chancery Clerk's office. I have not tried to arrange the material in columns as in the original.
"From the Marks Advertiser, January 5, 1923, here is a list of the candidates at that time: F. M. Hamblett, D. H. Smith, A. B. Shelton (already withdrawn), T. P. McArthur, M. M. Omer, L. G. Newsome, C. R. Riley, Ula B. Ross, B. D. Rivers.
"On Friday, August 10, 1923, The Marks Advertiser announced on page 1 that the race for sheriff was between T. P. McArthur and B. D. Rivers, the latter getting into the second primary over U. B. Ross by a margin of four (sic) votes. There follows a list of the vote totals: T. P. McArthur - 247; D. H. Smith - 42; C. R. Riley - 84; F. M. Hamblett - 126; M. M. Omer - 182; U. B. Ross - 241; B. D. Rivers - 244; L. G. Newsome - 120.
"On August 31, 1923, page 1 was full of election results, the main news being the governor's race. There were two paragraphs about the sheriff's race. The race in this county for the various county offices was one of the hardest fought in the history of the county. The question of who will be sheriff, at this hour Friday morning, remains considerably in doubt. On the face of the returns from the eleven precincts, T. P. McArthur had a majority of three over B.D. Rivers. There were, however, a number of sealed ballots among them, which, when taken up by the Executive Committee Thursday, reduced his majority to one, later giving Rivers one or two in the lead, and late Thursday evening wound up with McArthur leading by one or two. There are still at this time eleven more sealed ballots, six of them being in the Marks box, which will be threshed out by the committee which may result in a tie, in which event they will have to run the race over again. The interest of Mr. Rivers is being looked after by attorneys W. F. Gee and L. B. Lamb, and that of Mr. McArthur by Judge M. E. Denton and W. M. Donaldson.
"On September 7, 1923, page 1 was again full of news about the race. "RACE FOR SHERIFF RESULTS IN TIE. ANOTHER ELECTION ON SEPT. 13. The race for sheriff in this county has been decided a tie by the executive committee and the two candidates themselves. In the second primary T. P. McArthur had a lead of three votes over B. D. Rivers on the face of the returns. There were a number of sealed ballots in several of the boxes, and while some were counted by the committee and some were thrown out, neither of the candidates apparently "got anywhere." The meeting was continued from last Friday until Thursday of this week to decide the matter and in the meantime the candidates themselves did some figuring on the remaining six sealed ballots which were in the Marks box. Figuring that the count would result in a tie, and in order to save the committee further embarassment, Messers. Rivers and McArthur entered into, an agreement to call it a tie and, call a third primary on September,13th to decide the nominee. The agreement is as follows: "This agreement made this day by and between B. D. Rivers and T. P. McArthur, Witnesseth: That the parties hereto hereby agree that in as much as the result of the primary election held on August 28th, 1923 appears to be in doubt as to who received the nomination for Sheriff in said primary election in Quitman County, Mississippi, the following course shall be adopted for, the purpose of settling the matter of the nomination of a Sheriff for said county on the Democratic Party ticket for the general election to be held next November. (There followed a long, nine-point agreement, which I haven't copied.) Witness our signatures in duplicate this September 3, 1923 - W. E. Gore, B. D. Rivers, M. P. Lowrey, T. P. Mc.Arthur, Witnesses."
"The bottom right-hand corner of that first page in the copy of the paper in the Quitman County courthouse has been cut out. I can't reconstruct what may have been there. Next to it at the bottom is an advertisement by B. D. Rivers; the right edge of the second column was partly trimmed away, but it is fairly obvious what it originally said. The parentheses enclose my reconstruction. "To the Democratic Voters of Quitman County, Miss. - I want to thank you from the bottom of my heart for your loyal support and vote in the first and second primary elections, and take this opportunity to solicit a continuance thereof from old supporters and new ones alike, from this time throughout the third primary, which will be held on Thursday, September 13, 1923, to determine the nominee for Sheriff, a tie having been declared to exist in the second race between myself and my opponent. I wish to reiterate and renew my pledges to the people for law enforcement, without fear or favor, if favored with the nomination, and (it) shall be my constant aim to give (the) administration of the office as (the) law requires and contemplates. If nominated and elected, I ass(ure) you that the office shall be f(ree) from family relations, as so m(any) have charged that it might be, (and) promise to be your Sheriff, (the) Sheriff of all the people, rich (and) poor, alike, and you shall ne(ver) have cause to regret the extens(ion) of your suffrage in me for office. Again thanking you, and w(ith) best wishes, I am, Yours very truly, B. D. (Bert) Rivers."
"It is hard to imagine that Mississippi election law in 1923 did not provide for close or tie votes, these arrangements were probably legal only because no one contested them.
"On September 14, 1923, the final results of the election were in the first column of page 1. "T. P. McARTHUR ELECTED SHERIFF OVER B. D. RIVERS BY 77. After one of the most spirited contests ever witnessed in Quitman County, Hon. T. P. McArthur was nominated for Sheriff yesterday over Hon. Bert Rivers by seventy-seven majority. In the first primary eight men were out after this office. McArthur and Rivers being the two highest, were in the run-off for the second primary, which was declared a tie, though on the face of the returns. McArthur received a majority of three votes. Another primary was called for September 13th to decide the nominee, and certain agreements were made by the two candidates relative to qualifications, etc. It seems that interest in the election never lagged, as there was a full vote in every precinct. Friends of both candidates were on the go day and night, and the out of town voter was given every opportunity to get to his voting precinct without having to walk. There were a number of surprises in some of the boxes. At Marks in yesterday's election, Mc-Arthur led Rivers by 99 majority, while in the second he led by only 43, McArthur gaining 56 in the last primary. At Lambert in the second primary Rivers carried the box by a heavy majority, though yesterday his lead was reduced to only 9. In almost every precinct McArthur made a small gain. The election of Mr. McArthur was the cause of the largest demonstration of enthusiasm and good nature ever witnessed in the county since the night of the famous court house removal question. His friends coming from all parts of the county to help celebrate their great victory. During the night Mr. McArthur made a short talk in which he pledged a faithful performance of the duties of the office, and the enforcement of the laws. The Advertiser takes pleasure in congratulating Mr. McArthur and his splendid family on his election, and we believe he will make a still better sheriff than ever before."
"The difference here is 39 votes, not 77, as the headline and the first paragraph state. (The following week the paper said the totals were 705 and 628, but I don't have a copy of that article.) The article here continues about McArthur. I missed the end of the first column, but I show what appears in the second column. "...been three times elected to the office of Sheriff. Many people have wondered wherein lay the source of his political success. It is due principally to the fact that he plays the game straight. He never makes political promises that he cannot fill, and he was never known to "ditch" a friend. In making campaigns it is frequently necessary to line up with certain other candidates for office, and when it was necessary for him to do this, he always "stayed with the crowd," sink or swim, never trading them off to gain votes for himself. He can always be depended on to tell the truth (except about his hunting and fishing; no one believes anything he says about that). As an officer he ranked as among the most efficient, and his reputation as a catcher of criminals was known far and near. It has been said that whenever a criminal who was familiar with his reputation heard that McArthur was on his trail he came in and gave up, knowing full well that he would get caught sooner or later. Those who feared that if McArthur was elected the county would be full of whiskey stills need not fear unless they are engaged in the business themselves. Those who know him know that he will get them---he will not only come in with the still, but will get the man and put him in the penitentiary. Mr. McArthur has only the best interests of the county at heart---he is a one hundred per cent Quitman County man. He has spent nearly all of his life in the county, made his money, and spent it and lost it in Quitman County, and we believe he will as a good citizen and as Sheriff make his home county a better and brighter place to live."
"At the time of his death, Bert Rivers was a Quitman County Supervisor. I have never looked up the newspaper accounts of the race for that position, but it can hardly have been so memorable as the one in 1923. Mother was a child in 1923, but she recalled that the family was opposed to Bert Rivers's remaining in the race, because there had been threats against his life. She said she was relieved that her father had lost, as Mr. McArthur had said Bert Rivers would never live to take office. Many things said in the heat of election campaigns mustn't be taken seriously, and we have to remember that we know only the embittered Rivers side of the story.
"It is clear whose side the newspaper was on, though. The tribute to Mr. McArthur reads like a paid political advertisement or a funeral oration.
"When her father died in 1926, Mother was 14 years old. She recalled that she was on the way to town, when someone stopped her and told her to go home to her mother, because something had happened. Before she reached the door she heard her mother scream. The report of the murder had naturally spread rapidly throughout Marks. It was planned for Dr. Furr to go to the Rivers house to tell my grandmother the bad news, but some well-meaning neighbors got there first.
"The extent of the injury to Bert Rivers's family is hard to imagine in our time, when so many social services are available to people who know how to obtain them. Aside from the personal loss, my grandmother must have been crazy with anxiety, left as she was with five children under the age of fifteen. The depression a few years later was of course hard for everyone, but I don't believe its effect on the family would have been so disastrous if Bert Rivers had been alive. Uncle Bert was a freshman at Ole Miss, and Uncle Boy was a junior in high school when their father died. Uncle Bert never went back to Ole Miss after his father's funeral, and, except for Mother, who was able to go to Blue Mountain College for one year because Aunt Clara and Uncle "Prof" Griffith had her come to stay there with them, none of the other children was able to go to college. My grandmother also lost her house either for taxes or to the bank. "The Quitman County Leader, the "only newspaper in Quitman County", carried the story on October 14, 1926, on page 1. The article is in the upper right corner, while the column to its left, "Marks Locals", has the two small items about the family. "Bert Rivers Killed by Farm Tenant."
"The following, under a Clarksdale headline, relative to the killing of Mr. Bert Rivers, at Birdie, Friday, October 8, which appeared in The Commercial Appeal, is so well written, and it is so near the facts, that we have concluded to use it without comment. "CLARKSDALE, Miss., Oct. 8. An argument over an adjustment of rent cost Bert Rivers, 45 years old, his life this morning at 10 o'clock, when he was shot and killed by J.A. Braswell, his tenant, according to Quitman County officers. The shooting occurred in a cotton field near Braswell's house. The tenant is under arrest, pending investigation. Mr. Rivers had resided in Quitman County for about 18 years. He was farming a tract of land near Birdie, and Braswell had been his tenant for the past year. It is alledged that both men were armed. Mr. Rivers was shot six times with a shotgun. Braswell was brought to Clarksdale this afternoon by Quitman County officers. Coahoma County officials were requested to incarcerate Braswell here for safekeeping, as it was stated that feeling was strong against the man, who is charged with murder. Coahoma officers, it is stated, refused to accept Braswell as a prisoner unless the local troop of the national guard would be called out to protect him. He was taken elsewhere for safe-keeping. Mr. Rivers was at one time a candidate for sheriff, and was defeated only by a small margin of votes. The football game which was to have been played here this afternoon between Marks and Clarksdale was postponed on account of Mr. Rivers' death, owing to the fact that one of the dead man's sons was a member of the Marks team. Mr. Rivers was president of the board of supervisors, Quitman County, a member of the Scottish Rite and other Masonic Bodies. Burial took place at 3 o'clock Saturday afternoon with services at the home of the deceased, conducted by Rev. J. M. Gunn, pastor of the Marks Methodist Episcopal Church, and concluding services at the Marks cemetery by the local Masonic lodge, he being a member of both. Friends were in attendance from Holly Springs, New Albany and from over the state besides a large concourse of friends in Marks and Quitman and Coahoma Counties, which with the many beautiful floral offerings, attested to the high esteem in which he was held. Mr. Rivers was born at Bethlehem, Marshall County, Miss., but he had lived in Quitman County for 15 years, during which time he had endeared himself to the people by his many acts of kindness and charity to those in distress and trouble. Surviving Mr. Rivers are his widow, Mrs. Mildred West Rivers, four sons, Bert, Jr., Walter West, Joe and William; three daughters, Mary Clare, Margaret and Mildred; mother, Mrs. L. N. Rivers, Sr.; four brothers, Clyde, Louis, Jr., all of Marks, Guy of Clarksdale and Aquilla of Jackson, and one sister, Mrs. Reuben Griffith of Blue Mountain.
"Once again a Brother Mason, having completed the design written for him on life's trestle board, has passed through the portals of Eternity and entered the Grand Lodge of the New Jerusalem and hath received his reward, the white stone with the new name written thereon. And Whereas, the all-wise and merciful Master of the Universe has called from labor to refreshments our beloved brother, he having been a true and faithful member of out beloved Order, therefore be it Resolved, That Marks Lodge No. 435, F. & A. M. of Marks, Miss., in testimony of her loss, drape its charter in mourning for thirty days and that we tender the family of our deceased brother our sincere condolence in their deep affliction and that a copy of these resolutions be sent to the family. M. D. Brett, E. E. Boone, M. E. Denton.
"Marks Locals: Wm. West and daughter, Miss Josephine, of Holly Springs, drove down Friday, on account of the death of Mr. Bert Rivers, and are staying over for a few days. Mrs. Rivers is the daughter of Mr. West. --- Mr. and Mrs. Aquilla Rivers of Jackson were here to attend the funeral of Bert Rivers, his brother. Mrs. Reuben Griffith, a sister of Blue Mountain, was also a member of the family attending the funeral.
"The following comment about the trial is from the Quitman County Leader,December 2, 1926, page 1. The article consists of only six lines at the top of the third column. "Braswell Gets Preliminary Hearing --- On Nov. 29, a preliminary hearing was given J. A. Braswell, who shot and killed Mr. Bert Rivers on Sept. 8. He was remanded to jail without bail to await the action of the grand jury.
"On February 10, 1927,there was an article on page 1, column 1, under "Circuit Court in Session." "B. D. Rivers Case --- Case of State vs. J. A. Braswell, charged with murder of B. D. Rivers called. Defendant filed motion for change of venue. Motion was sustained and case set for trial in circuit court in Clarksdale, to be tried at the term beginning there on third Monday in February. Defendant is represented by James Crawley, attorney, of Kosciusko, Miss. State is represented by Jno. T. Smith, District Attorney; A. A. Pogue, County Attorney; Boone, Lowrey & Boone, attorneys of Marks, and W. F. Gee, attorney of Clarksdale, and probably some others.
"From February 24, 1927, page 1: "Braswell held for the grand jury. The indictment in the case of J. A. Braswell, charged with the murder of Mr. B. D. Rivers, planter of this county, on October 8th, was sustained Wednesday morning by Judge Alcorn. Braswell was granted a change of venue from Quitman County, and the case was carried to Coahoma County, where it was to have been tried this term of court. The judge says the jury was irregularly drawn, and the court ordered Braswell held to await the action of the next grand jury of Quitman County. Braswell is represented by Attorney J. T. Crawley; the State by District Attorney J. T. mith and County Attorney C. S. Longino, assisted by Gee & Talbot, M. P. Lowery and E. E. Boone. It will be remembered that on the morning of October 8th Mr. Rivers went to the cotton field where Bras well was working, and an argument ensued, in which Mr. Rivers was killed. Braswell then came to Darling, called the sheriff and told him he had killed Mr. Rivers. He was arrested and carried to Greenwood and placed in jail for safe-keeping. He was brought to Marks later on for a preliminary, at which time he was remanded to jail without bail. The trial came up at the next term of court here, and he was given a change of venue.
"March 10, 1927, page 1, column 1: LIFE IMPRISONMENT FOR Braswell. Murderer of B. D. Rivers Sentenced by Judge Alcorn After Jury Couldn't Fix Punishment in Three Days. Everyone here is already familiar with the outcome of the Rivers case, but for a matter of record we reprint the following as clipped from the Clarksdale Resister of March 7th: J. A. Braswell, 37, Birdie farmer, charged with the murder of B. D. Rivers, 43, Quitman County farmer, on October 8th, in that county, was found guilty as charged by the jury in the case this afternoon at 3:17 o'clock. The jury, which had been deliberating on the case since late Saturday afternoon, reported that it could not agree as to the punishment. Judge W. A. Alcorn, Jr., sentenced Braswell to life imprisonment in the state penitentiary. The jury, which was given the case Saturday afternoon at 3:20 o'clock, was expected to report this morning at 9 o'clock, and a large crowd, including many citizens of Quitman county, assembled at the court house before the time set for the opening of court. Judge Alcorn ordered a special guard of members of the police department, consisting of policemen R. B. Davis, Gordon Dennis, O. L. England and Ben Kesee, to assist four or five deputy sheriffs who were also in the court room. Judge Alcorn also directed that Sheriff Glass and two deputies relieve spectators who filed into the court room shortly after 9 o'clock of any weapons that they might have. The morning hours wore away without any report from the Braswell jury, contrary to expectations, and after the sheriff had opened court at 7 o'clock and routine business was transacted Judge Alcorn ordered a recess until 2 o'clock this afternoon. When the jury filed into the court room this afternoon R. E. Bobo, foreman, came forward and handed the verdict to the clerk of the court, R. A. Myers, and as it was read by him Braswell sat on the opposite side of the court room with an unemotional expression, starring straight in front of him, looking at Mr. Myers. He was entirely surrounded by deputies and city policemen. The tension in the court roon was high, and as the jury filed in there was absolute quiet. After the verdict was read Judge Alcorn asked the defendant if he would care to make a statement before sentence was passed on him, and he said that he had a few words to say. "Judge, I do not know whether any of my folks are here or not. I don't know what decision you have to make in the case or what the sentence will be, but if it is life or death it is in the hands of the Lord," he said. "If it would help the widow or the children for you to take my life or my liberty, I will not begrudge them or you. I only ask every one in the court room not to think hard of the jury, the witnesses or me." Judge Alcorn then passed sentence on him of imprisonment in the state penitentiary for the period of his natural life. R. E. Bobo of Bobo was the foreman of the jury, and the other members of the jury were W. O. Tucker and J. W. Whitehead of this city; A. D. Sugg of Stovall; W. W. Gardner of Bobo; J. E. Buster, R. F. Salmon and E. P. Tomlinson, from Coahoma; G. A. Burnett of Rena Lara; C. H. Gaines of Hillhouse; R. B. Boyd and B. B. Baber of Farrell. The bailiffs for the jury were Tom Austen and Charles Clark. Special deputies were appointed, and a large number of the city police force were in attendance at court. The room was crowded. After the sentence had been passed the judge asked that the court room be cleared. Saturday during the argument in the case between counsel for the state and the defense, W. F. Gee, for the state, opened. He reviewed the case and went into a definite description of the bullet holes in the coat. He demonstrated his speech by putting on the coat of B. D. Rivers, the deceased, and showing the bullet holes in comparison to the body. J. T. Crawley, the second to speak and counsel for the defendant, opened his case by thanking the judge, the jury and members of the bar for their courteous treatment of him, a stranger. He gave his version of the case in detail and tried to make clear certain vital points to the jury." (Walter V. Turner, 1999.)
Information about the marriage of Bertram Dair Rivers and Milly West was taken from a marriage license, owned by Mildred Marie Rivers Phelps.
Events
| Birth | December 1, 1884 | ||||
| Marriage | February 17, 1908 | Yalobusha County, Mississippi - Mildred Marie "Milly" West | |||
| Death | October 8, 1926 |
Families
| Spouse | Mildred Marie "Milly" West (1885 - 1956) |
| Child | Bertram "Bert" Dare Rivers (1908 - 1982) |
| Child | Walter "Boy" Rivers (1910 - ) |
| Child | Margaret Lee Rivers (1916 - 1990) |
| Child | Joel Lewis "Bubba" Rivers (1918 - ) |
| Child | William Moughan Rivers (1921 - 1984) |
| Child | Mildred Marie Rivers (1923 - ) |
| Child | Mabel "May" Claire "Tot" Rivers (1912 - 1992) |
| Father | Louis Napoleon Rivers (1863 - 1925) |
| Mother | Emma Lee Greer (1866 - 1935) |
| Sibling | Clyde Everette Rivers (1886 - 1931) |
| Sibling | Mabel Claire Rivers (1888 - ) |
| Sibling | Guy Rivers (1891 - 1940) |
| Sibling | Joel Louis Rivers (1893 - 1912) |
| Sibling | Louis Napoleon Rivers (1895 - 1974) |
| Sibling | Aquilla Greer Rivers (1896 - 1978) |
| Sibling | Janie Mae Rivers (1898 - 1917) |
| Sibling | Clara Lee Rivers (1900 - 1999) |