The Lexington advertiser. [volume] (Lexington, Miss.) 1904-1985, 1948-09-23

lar line Plus COSTS, II QeIerO-
ant pied guilty TO both chorgesl.
When asked by his own attorneys
how he got the nickname of Black
jack" Powell turned directly to the
jury and said: Gentlemen, when /
was a little boy eight or 10 years
old, l climbed a black jack oak tree
which broke and | got all bunged up
and had to stay in bed several days.
They've called me Blackjack ever
| since"
Powell substantiated the testimony
| of his wife and said Mr. and Mrs.
Murtagh and Mr.. Strider were at
| the Rainbow Garden that night.
MIR. Murtagh
When called to the witness chair
| to testify, Mr.. Murtagh said he and
| his wife, and Mr.. Strider had supper
at the Rainbow on April %; that
they arrived there about nine o.
| clock and remained until about
1890. He said they were in the din
| ing hall at the Rainbow and Mar
| shall Powell waited on them, further,
that Marshall Powell was still there
| when they left the Rainbow.
He said he did not see Sheriff
| Wynn at the Rainbow that night.
The questioning of Murtagh by
, states attorneys broke up the court
with all three lawyers for the de-
Tense talking at one time, waving
their arms and asking for a few
minutes. Defense lawyers held a
conference in a side room which
| delayed the trial for nearly an hour.
Attorney Morgan questioning
| Murtagh for the state asked him if
it was not true that the Holmes
| County Jury in October. 1916, had
| reprimanded him while he was
sheriff for his failure to enforce the
laws in Holmes county pertaining to
whiskey and gambling;
Murtagh replied that he reckon
| ed" it was so.
"That citizens of Holmes county
held a mass meeting at which they
demanded that he resign?" Morgan
continued, to which Murtagh said a
sew of them asked me to (resign)
but the whole body didn't"
Wasn't bingo played regularly at
the Rainbow Garden during your
term of office and isn't it common
knowledge that one woman, Mrs.
| Eugene Cole, of Durant, won nine
| hundred dollors one night?' the pro-
scouting counsel continued.
Murtagh replied that he'd "heard"
they played bingo and gambled at
the Rainbow, but that he didn't
"know it."
Morgan asked Murtagh if it
weren't true that Robert Wells, of
Jackson, was beaten up with a
| blackjack n night while at the
| Rainbow while he was sheriff and
that he (Murtagh) refused to 60 to
the place.
Murtagh said: well, I didn't go
| over there"
Defense attorneys said the inn
peaching testimony directed
at the witness was irrelevant,
incompetent and immaterial; that
| the accusations against Murtagh
were nothing but propaganda to dis
credit the witness (Murtagh).
District Attorney MCGOWAN said
| Murtagh was put on the stand for
only one thing and that was to i'm
| peach the testimony of the present
Sheriff of Holmes county Wynn).
States Attorney Morgan said the
| accusations against Murtagh should
be heard by the jury as he was put
on the stand by the defense and
held up as an ex-law enforcement
| officer, implying the dignity and
prestige of that office should be
considered by the jury in weighing
his words.
Instead" Mr.. Morgan said,
she m in here with 1.-THE stripes
of office on him and a complete
| failure in regards to the law enforce
| ment duties of his office"
Testimony on Murtagh was ruled
| out by presiding Judge Gillespie and
| the Jury was called back and the
| trial continued.
Mr.. Strider B
Mr.. Strider in testifying for the
defense said he had been an ems
ployee of the Department of Agri-
culture for approximately IA years.
He said his home was in Lexing-
ton and that he was county super
visor of the Farmers Home adj
ministration, formerly known as the
FSA.
He said he was at the Rainbow
Garden in Durant on either April
% or oath, that he could not be
sure, but that it was the night OF
the day they held the Mandy Polk
trial in Lexington.
He said he had supper with MIR.
and Mrs. Walter Murtagh that night
at the Rainbow and that Marshall
Powell and his wife waited on them.
He said they were there from about
900 or 9:15 to 1890 o'clock.