JULY 1972

Page 45

satellite of metropolitan Tulsa, Oklahoma. It also marked the last significant contact he would have with a "dry" county for many years. Having absorbed all the knowledge available in Clarksville, (and suffered under the oppressive regime of a "dry" county), Heartsill continued his formal education at Washington and Lee University in Lexington, Virginia (like Fort Smith, a "wet" county). In the absence of any claims of scholastic achievement, it is safe to assume they were no better than meager, for modesty has never been among Heartsill's failings. On the other hand, he does speak often of his athletic accomplishments as a track man. Since none of the records he claims are recorded, Heartsill's friends have generously concluded that the records must have been posted before such information was collected and preserved at least at the tracks where he raced. It is thought that his early training for this sport was perhaps with the prodding of two Johnson County farmers, Messrs. Werner and Knadle, whO owned a grape vineyard and watermelon patch, respectively. Doubtless, Heartsill's greatest track performances were viewed by these gentlemen down the barrels of 12-gauge shotguns. Heartsill commenced the reading of law at Washington and Lee in 1939. After one year (and an A.B. degree) he moved on to the University of Michigan at Ann Arbor, Michigan (yes, another "wet" county), for his second year. His final year of legal study was at the University of Arkansas and culminated in an LL.B in 1941. The reason or reasons for these migrations have been lost in the clouded past or deliberately kept secret. It is known that young Heartsill went by the name of "Sparky" during this period, and he will tell you that "sparking" was his game. One might observe that it would be many years before medical science moved to mitigate the risks of that pastime. Having often been heard to complain that he was born thirty years too soon, one might infer that Heartsill's frequent transfers were for purposes of implementing the lessons learned on "change of venue". Heartsill's immediate success and manifest impact on the practicing Bar was apparent; for less than one year out of law school he was appointed prosecuting attorney for the 12th Judicial District - less than a year after his admission to the Bar, an office which he held during 1942-43. Having conquered the challenges of that office and having apparently found dissatisfaction with the law as it was,

he ran and was elected to the House of Representatives of the State Legislature, where he served from 1943 until 1948, on the theory that it was easier to make the law than to learn the law. Thus, the early years of Heartsill's career at the Bar were reminiscent of the frequent changes that had characterized the whirlwind pattern of his college days. Having emulated his father as a practicing attorney, a prosecuting attorney, and member of a legislative body, it was natural that Heartsill gave consideration to following his tather's example as a jurist. However, his thoughts in this regard were aborted as a result of his attempt to try his hand at jUdging a controversy between two of his own bird dogs. With the wisdom of Solomon and the courage of Seagram's, he attempted to arbitrate the controversy with the result that one of the contestants damn near bit off his hand. During the early period of his convalescence, Heartsill reflected on the apparent anomaly of this injustice. However, af-

ter the anesthetic (and Seagrams) had worn off, he wisely concluded that if a man's own dogs resent his authority, he could hearly expect to fare better among strangers, and thus renounced the bench. As a partner in the firm of Warner, Warner, Ragon & Smith, Heartsill has enjoyed interesting and illustrious practice centered in Fort Smith, but spreading over the entire Southwestern United States. Further comment on this phase of Mr. Ragon's career is unnecessary. Suffice it to say, that his significant clientele have included Sally Rand, Winthrop Rockfeller, ArkansasLouisiana Gas Company and Bucky Nabors. Having tasted the wines of many successes and having met the challenges of so many adversaries, one would think that Heartsill would slip gracefully into the twilight of a star studded career so richly deserved. Not so! Having heard of the challenges (and hours) confronting his friends Louis Ramsay and Bill Bowen, Heartsill has put aside the tld.moane concern of the practicing lawyer and

has now ascended to the world of high finance as President of United Savings Association of Fort Smith, Arkansas. What the future holds is incomprehensible to the biographer, since it must be calibrated in galaxies and not mere horizons. As has been so often stated, due reflection on the life of a great man will reveal one or more principles for the benefit of those less gifted. The career of Mr. Ragon suggests two great lessons. The first, of course, is never locate in a "dry" county, and the second is "humility". The last mentioned quality is clearly exhibited by the celebrated incident which occurred as a result of the infamous midnight raid on the banks of the Buffalo River near Marshall, Arkansas, at a time when many of Heartsill's close friends were gathered for the purpose of sharing fellowship. Pressing business delayed Heartsill's arrival by twenty-four hours, and when he reached the scene he was outraged to learn that his friends had been wrongfully arrested and charged with the possession of untaxed whiskey and over-possession of taxed whiskey by an over zealous and ill advised sheriff. Rising to the occasion, Heartsi II, in the finest spirit of his calling, undertook the defense of the maligned campers. Heartsill ascended the crowded courthouse steps to enter a room packed with an impassioned crowd of Searcy Countians, all eager to see whether the Sheriff's bag was really a band of foreign river conservation conspirators or merely a benign group of fishermen who meant no harm. Having had to plead only eight of the twenty accused guilty to free the rest, Mr. Ragon was complimented by the trial judge, to which he candidly rejoined, "if you had waited one day later I would have been a defendant instead of the lawyer." By way of footnote, it should be added that our subject has a lovely and talented wife, Polly, two children, Ellen and Heartsill III. By way of further footnote, the record shou ld reflect that Heartsill is a Fellow of the American College of Trial Lawyers and the American Bar Foundation. He served as a Bar examiner for the State of Arkansas from 1961 to 1967, has served as a member of the Arkansas Oil and Gas Commission since 1967, has served as President of the Arkansas Bar Association (1961-62), is a deacon of the Central Presbyterian Church, and won the Fort Smith Town Club gin rummy tournament in 1968. Douglas O. Smith, Jr. Dorsey M. Ryan

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