The Durant news. (Durant, Miss.) 1882-1985, 1948-09-23
THROUGH
HAZEL
EYES
BY Hazel Brunnon

of Mississippi VS. Marshall M.
Blackjack" Powell. charged with
armed robbery and hijacking an
automobile loaded with $l,0l9.00
worth of whiskey at Edwards in the
early morning hours of April "a.
The District Attorney, Hon. M. M.
MCGOWAN, labelled the jury's YER
dict a Shocking miscarriage OF
justice"
1t is not surprising that Mr. Nc
Gowan was shocked"
An able attorney and man OF
unquestioned integrity and charac-
ter, he had prosecuted the Powell
case with all the skill and authority
of his office and had made strong
case against the defendant. Some
regarded it as a perfect case.
Mr.. MCGOWAN was ably assisted
in the prosecution Of the case by
the attorney of Kinds county, Hon.
Julian Alexander, and two Attala
county lawyers, Hon. Clarence Nor
gan, a former district attorney and
Hon George Thornton, both pro-
minent attorneys of the Kosciusko
bar.
Morgan and Thornton had been
hired by citizens of Holmes county
to assist in the case against Powell.
Many citizens of Durant, Holmes
county, home of the defendant, Mr..
Powell, will be not only shocked,
but contemptous at the description
of Powell as repeatedly given by his
attorney in his argument to the
court.
The picture of Powell which his
attorney painted, according to re-
ports, was that "a clean-cut boy,
who neither drinks nor smokes and
who goes to church every Sunday"
and further as zone of the most
respected citizens of Holmes coun-
ty."
Powell himself in answer to his
own attorneys question was quoted
as saying at the preliminary trial,
that he would be "a welcome guest
in any home in Durant."
When we examine these remarks
in the light of truth and reason, we
come to the conclusion that there
should be law passed to require
attorneys conducting cases in court
to take an oath to tell the truth, the
whole truth and nothing but the
truth, the same as any witness
1t is bad enough to deviate from
the truth or to deliberately give
false impression for any reason, even
to win a lawsuit or free client
but to bring the church into the
picture with dance hall, gambling
den and bootlegging joint like the
Rainbow Garden is objectionable.
1t will be viewed with utter con-
tempt and scorn by every decent
citizen of the state.
When juries hear such irresponsi-
BILE statements about the reputation
and habits of a defendant, especial
" in a case where it was not even
sought to prove his good character,
it is no wonder juries return mot
guilty" verdicts.
Just the same it is cases similar to
this that contribute to the growing
loss of confidence in trial by jury"
in fact the ever mounting loss of
confidence in our entire judicial
machinery.
It's enough to make you lose your
faith in your fellowman.
Significant was the plain state
ment in this trial by Powell,
who under his oath to the
twelve good men and true" jury
said 81 have never been convicted
of anything in my life"
An examination of the court re-
cords of the Justice of the Peace
Court IN Beat 2, Holmes county,
reveals that on March IL, 1916, one
Marshall M. Powell pied guilty to
the charge of unlawful possession Of
intoxicating liquor; that he was fined
$4,000 and all costs of court and
paid fine and costs.
Holmes county citizens are in
terested, too, to learn that PowelPs
testimony of where he was the night
of the robbery was vouched for by
Mr.. Walter l.. Murtagh, ex-sheriff
of Holmes county under whose te-
nure of office we remember law
enforcement in regards to whiskey
and gambling violations suffered an
almost complete breakdown.
Powelps alibi and MIR. Murtagh's
testimony were substantially cor
roborated also by Mr.. Walter E.
Strider, Lexington citizen who has
been a government employee for
fourteen years.
MIR. Strider did say on the stand
he was not 'too sure" which night
it was he and Mr.. Murtagh were
at the Rainbow-and coming back
to Lexington he repeatedly told
Holmes County Sheriff Ellis E.
Wynn that he (Strider) believed"
Wynn was right in his (Wynn's)
testimony as to the night in ques-
ton.
But that did not change his sworn
testimony in open court. The
damage had already been done.