The Durant news. (Durant, Miss.) 1882-1985, 1952-04-24
Travis Butler Found
To Be ''|nsane"
Will Be Examined
Negro Women Found
Guilty Of Resisting
Arrest la Durunt.
by jones B. Keeling

featured. the Circuit Court SeS-
siohs in Lexington this week.
In one, two attorneys, T. A.
White and Representative Eph-
rain Cresswell, appointed by the
court to represent Travis Builder
who with his brother w. Tom
Butler was indicted in the muir
der of w. w. Wynn, at that time
Democratic nominee for repre-
sentative, declined to allow TraU-
is Butler on Monday to enter q
plea when called for arraign--
ment. The minutes showed that
he had pied not guilty when pre-
viously arraigned on Friday
These two attorneys were not
present at that time, however
and Judge Arthur Jordan agreed
to call Travis Butler again for ar
raignment.
eve cannot enter any kind of
plea for this man because in our
investigation we have found that
he was sent to the state insane
asylum from Grenada in Octob-
er, 1947," Mr.. White told the
court. eve have been unable to,
find any record of restoration
So as the record stands this man
is still insane and for that rea-~
son cannot plead on anything"
This was a surprise to Dis
trict Attorney Stanny Sanders
and County Attorney Pat M. Bar
rett. Judge Jordan gave a delay
so they could investigate. Tues
Gay morning Mr.. Sanders told the
court his investigation since
Monday morning had revealed
the same facts.
Judge Jordan asked the de-
! Tense attorneys what motion or
suggestion they desired to make.
I'VE are not making any notion
or suggestion replied Messrs-
White and Cresswell. 1--WE simp-
! ly presented the facts to the
court"
Judge Jordan looked at them
in amazement, then said, the
facts speak loud enough for me
to order an investigation of the
defendants mental condition. at
this time 1t was then decided
to have alienists examine Travis
Butler and return a report to the
court by Friday morning.
1 The further amazing thing was
that neither defense nor prose
cutting attorneys had been able
to find any record of whethes
Travis Butler was kept at the in
! stitution for three days, three
weeks, or just how long" Whe-
| Their he was discharged as not
insane could not be determined.
said the lawyers, ''but as there
is no record of restoration, he
! stands here today as an insane
man"
! Durant Case
The other extraordinary incl
dent was the trial of a misde--
ne~nor indictment against a Du-.
rant Negro woman ON the charge
OF resisting arrest. IT developed
into a bitter legal battle between
the states and defense attorneys.
There were but three witnesses.
two Durant policemen, Mayfield
Howell and J. S. Mcbride, the
arresting officers, and 49-year-.
old Negro woman, Ruby Powell,
who with her husband, operates;
the Ed Powell cafe in Durant-
The jury had to decide whether
to believe the two city marsha1s.
or the woman. The jury found
her guilty.
The two officers related that
they went to the cafe at II:3n
pm, October" 13, 1851. with al
search warrant signed by the
mayor of Drant.. Officer How
ell testified that when he enter
ed the cafe Ruby Powell was
seated in chair behind coun--
ter, and that he laid the search
warrant before her and told her.
they had come to see. her. again.
He swore the woman reached
down, and that he could smell
moonshine whiskey; that as he.
looked over he saw her empty
ing a bottle. He said that he
reached over and took the bottle.
away from her, and that She
Jumped towards him and knock
I'd the bottle from his hand. II
ell to the floor and shattered.
She was fighting like a wild
at" he said and he slapped her.
once as she cried, "You will
never arrest me-" He testifiexs
hat while he was struggling
With her that Officer J.. S. Nc
Stride struck her over the, head
With a black jack; that the wo--
nan continued to run to the.
Jack, but that they finally ar
'ested her and with diffieuFty
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