The Durant news. (Durant, Miss.) 1882-1985, 1948-09-23

70 own tne car tfldL blSBS was
driving.
When asked if he had heard Biggs
testify that Biggs had recognized
him as the man who hijacked him
Powell inadvertently through ar
apparent slip of the tongue admit
ted guilt of the crime for which he
was accused asking:
"The night / robbed him?
mo. The first time I ever saw
either one of these negroes was al
the preliminary hearing"
The preliminary hearing was held
in Jackson, July %, three month:
after the robbery occurred. One
month elapsed between the time the
warrant was made out for Powell's
arrest and the time he surrendered
himself to Kinds county authorities
Did Not Know
When asked where he was hiding
for the month the authorities were
looking for him Powell replied he
was at his grandmother's in Grenada
and he did not know they were look.
ing for him.
Powell told the jury that he had
never been convicted of anything
in my life"
When asked about convictions on
specific dates for specific crimes
Powell. under oath, continued to
say "no."
tRecords of the Justice of the
Peace court in beat two. Holmes
county. show that on Murch
ii. ls46. Marshall M. Powell
Piled guilty TO the charge of I'M
lawful possession of intoxicut-
ing liquor and wus fined $4,000
and oil costs: further, that he
paid sold fine and costs).
JP records in beut 2 disc show
where he was convicted on
Morch 10, 1910. of possession
OF Intoxicating liquors paying
fine of $4,000 plus costs; and
on June %. 1910. was convicted
on possession of q gambling
machine paying Sl.00 lone del
lar) fine plus costs The defend
ant pied guilty to both churqes).
When asked by his own attorneys
how he got the nickname of BLACK
Jack, Powell turned directly to the
jury and said: Gentlemen, when l
was a little boy eight or 10 years
old, / climbed black jack oak tree
which broke and I 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.
Mr.. 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 3d. that
they arrived there about nine O.
clock and remained until about
1870. 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
dSiildiillSu lildt lie resign morgan
continued, to which Murtagh said a
"few of them asked me to (resign)
but the whole body didn't"
Wasn't bingo played regularlv Al
the Rainbow Garden during your
term of office and isn't it common
knowledge that one woman. Mrs
Eugene Cole, Of Durant, won nint
hundred dollors one night?" the pro
scouting counsel continued.
Murtagh replied that he'd "heard'
they played bingo and gambled a
the Rainbow, but that he didn'
''know it."
Morgan asked Murtagh if
weren't true that Robert Wells, o
Jackson. was beaten up with
blackjack one night while at tn
Rainbow while he was sheriff ant
that he (Murtagh)<refused to 60 I,
the place.
Murtagh said: "Well, didn't e
over there"
Defense attorneys said the i'm
peaching test mony directe,
at the witness was irrelevant