The Durant news. (Durant, Miss.) 1882-1985, 1943-02-11
Beat 7 Constable. Released Under 81 500
Bond In Preliminary Hearing Monday
Howard Bound Over
To Grand Jury
In Brown Death

Constable Mayfield Howard, Of
Durant, was bound over to the
Grand Jury and released under ST.
| 500 bond Monday in a PRELIMINARY
hearing in Justice of Peace court in
Lexington before Judge G. b. Nc
Caleb, Lexington, and Judge II. b.
Jones, Tchula.
Mr.. Howard was charged with
murder in connection with the death
of Edgar Earl Brown of Ebenezer.
who died Monday, January 25th, at
the Community Hospital in Lexing-
ton, apparently because of head in
| juries received in an alteration with
Howard in Durant early Sunday
morning, January gath.
S. r. King, Durant attorney, and
Paul Lindholm, Lexington attorney
assisted County Attorney Pat M.
Barrett prosecute the case. Howard
was defended by Henry Johnson,
Lexington attorney.
Widespread interest was aroused
| in the case due to the fact that
Brown had been out of the navy only
two months on medical discharge
! He lacked short while serving in
the Navy two years. He was the
SON of Mr.. and Mrs. J. f. Brown,
well known farm family of the Ebe-
nezer community.
According to testimony given in
the trial young Brown was at home
in Ebenezer all day. Coming to
Durant about dark in his fathers
car ne was accompanied by Jim
Powers, colored boy who had work
ed for the Brown family for many
years. They arrived at Durant
about 8 o'clock and were to meet
about twelve o'clock to go back to
Ebenezer. Brown spent the evening
at Ellard's Place and at Joe Nc
Nair's place on highway 81 south OF
Durant, just outside the city limits.
Mrs. Rupert Ellard, proprietor OF
| the Ellard place, testified that she
did not see Brown drinking either
beer or whiskey during the evening
and that she had seen him refuse
liquor more than once in the four
years she had known him. She said
she knew he was not drinking
liquor.
Plez Norris, at the McNair place.
said that he saw a soldier buy Brown
a bottle of beer early in the eve
ming and that Brown only drank
about half of it and went back into
the hall to dance. He said later in
the evening he saw Brown drink
about third of another bottle of
beer and that if he drank any more
beer during the evening he did not
/ see him.
Jim Powers testified that he went
back down where Or. Edgar Earl
was dancing about twelve O'Clock
and asked him If he was ready to
60 home and he said he would be
ready in about An hour and asked
him where he would be. Jim told
Ehin Ahats he -wodld sASwitha his broth
er, nd Powsns, Svho runs the taxi on
Saturdays and -SSundsys Sand they
1 would be somewhere about the de-
pot.
Howard Crow, of Dufant, testified
that when Brown started to leave
! McNairs' place his ear was hemmed
in by other cars and that he had to
back several times and cut his wheels
in order to get out. In doing SO,
according to Grow, his front bumper
caught on the rear bumper OF an
other parked car and Brown called
to a group standing there in the
door asking them to help get the car
out, that is, part of them to stand on
one bumper and the rest to lift his
bumper. Crow said that Constable
Howard was parked in his own car
across the highway and came over
to Brown and said: ''Boy, are you
drunk Grow said Brown replied,
mo. Capt, I'm not drunk. just go.
my bumper stuck Howard then
stuck his head in Browns car in the
latter's face as if to smell his breath,
Crow said, and told Brown, "Wen II
/ thought you were I'd lock you up
Howard then went on to McNair S
place for several minutes and was
talking to Plez Norris when Brown
cranked his car up and went on
back toward Durant, apparently driv-
ing normal, Cow said. Grow also
said Brown was not drunk.
Morris also testified he told How
ard that Brown was alright when
! he started after him but he said Il
know better than that Pm going
TO get him"
Constabl, Towards version was
that he came across to see about
the bumpers getting caught and
helped unfasten them and asked
: Brown what was wrong. Brown re-
! piled, Don't arrest me, I'm alright -
Howard said he then told Brown to
| go to sleep and sleep it off. He said