The Lexington advertiser. [volume] (Lexington, Miss.) 1904-1985, 1951-04-26
Holmes CourfNearss>
End OF Second Week :
Crimino! Docket
Progresses Slowly;
Rogers Case Neurs End


Nearing the end of its second
week of criminal session, Holmes
County Circuit court Thursday
was progressing slowly toward
completion of its criminal dock
ct. Opening on Monday, April
10, court is being presided over
by Judge Arthur Jordan of the
fourth judicial district. Less than
half of the cases slated for this
term have been yet tried.
The highly interesting though
tediously slow court sessions
have been well attended through
out this term. Much time was
spent in drawing juries from two
special venires of AS citizens.
In Eye Of State
In the eye of the state press and
other newspapers serving this
region was the State versus JoEn
Pettus case ending with a mis-
trial Thursday night following
five hours of elaboration; the
State versus Louis Rogers case
charging manslaughter which was
still underway Thursday morning,
In the State versus NorvelI
Ward case, trial ended Saturday.
Ward, colored Durant principal
of a Goodman school, was found
guilty of the murder of Charlie
Russ,,m, Goodman negro, on JAM
uary 81.
A written recommendation "for
mercy in view of provocation"
and other circumstances was
made to the court by the jury
which heard the Ward testimony,
resulting in a sentence of $500
Iine and six months in Jail for the
defendant.
Pettus Re- T ria Set
According to Holmes County
Prosecuting Attorney, Pat NJ
Barrett, states attorneys planned
o ask for a re-trial of the john
Pettus case in this term of court,
which was expected to follow
the Rogers case this week. Am
infrequent procedure, County
Attorney Barrett stated that q
re-trial this term would be the
most aggressive attitude" the
state could take, adding that the
public Should not get the idea
that a mistrial necessarily means
an acquittal."
The John Pettus case, whicb
lasted Wednesday afternoon
through Thursday had the unus~
ual aspects in the argument Of
defense attorneys who questioned
legality of the National Guard and
State militia raids, and of search
warrants issued. Major point in
question was ownership of whis-
key found at John Pettus' place
during the raids.
Defense attorneys Wednesday
argued that the whiskey was
owned by Alton Ables, who was
employed by Pettus. Ables was
not found for testimony, though
State Guardsman c. l.. Hutchin-
son present on the raid was calico
to give testimony.
Change Of Venue Asked
Preceding the John Pettus CASE
change of venue and continuance
were also asked. The former mo-
ton was argued on the basis that
eight defendants arrested in the
National Guard raids, charges
with possession of whiskey Gin
Guiding Pettus), could not get .
fair trial in Holmes county, which
motions were denied by the court,
Jurors who served are = State
versus John Pettus case: r. X
Van Keuren, Lee Herring, Con-
way Powell, Neil Brannum, CAL
vii Ussery, R. l.. McClesky, Earl
Mcdaniel, Lester Bradley, J.. H
McNeer, Henry E. Mullen, Char
les w. Bailey, and ]. B. Sims
State versus Louis Rogers case>
c. H. Terrell, Jr., John Kelly, A.
Lewis, H. p. Watson, Jr., X. b
Wright, Dave Grantham, S. J.
Bridges, H. l.. Bowie, Charles
Cox, Lamar Aldy, j. D. Smith
and Jack Albin.
Rogers is charged with muir
der of Andrew Devine, July D,
1850, at China Street Drive Inn,
in Lexington. He served SIX
years of a 10-year sentence on q
previous manslaughter charge at
Parchman, but was released on
good behavior.