The Durant news. (Durant, Miss.) 1882-1985, 1952-07-17
Holmes Farmer Wins
Decision In First
Hearing OF Case

| Marshals T. B. Lehman and
Ben Ward were bound over un-
der $500 bond each to await the
action of the Holmes County
Grand Jury in October as the re-
suit of a preliminary hearing in
Lexington Friday morning pre-
sided over by JP B. R. Hammett.
The two Lexington police Off
GERS had been charged with as
sault and battery with intent to
Kill in connection with an alter
cation in Lexington Saturday
night, July 5, around 900 pm.
with Virgil Ingold, we'll known
Holmes county farmer.
The trouble between MIR. In
gold and the officers grew out of
arrest of one of Mr.. Ingold's Ne
gro tenants earlier the same even
ing by Sam Farmer, another Lex
lngton police officer. Mr.. Ingold,
who lives on Highway IL between
Durant and Lexington, came t.
town to pay the Negroes fine and
take him back home.
Out of words passed between
Marshal Lehman and Mr.. Ingold
came the arrest of Mr.. Ipgold
and the passing of blows which
neceSsitated doctors attention for
the latter.
Attorneys for Mr.. Ingold, Pat
M. Barrett of Lexington and Jim
Crawley of Kosciusko contended
that MIR. Ingold had broken no
law OF the state or municipality
and consequently was under il
legal arrest and had the legal
right to resist (the illegal arresD
and cited an April, 1852 decision
IL the Mic1issippi Supreme Court
70 support their contentious.
Mr. Ingold took the witness
----.U on his own behalf and said
ne was hit two or three times on
tbs head with a blackjac and
was knocked to the ground by
the blows delivered from behind
by Mr.. Ben Ward. He said he
was also hit several times with a
gun by Mr.. Lehman. He also
SWore Mr.. Lehman threatened
him with the gun saying that he
would blow hole through Rim.
Mr.. Ingold stated that he did not
touch Mr.. Lehman and that he
was under arrest before any
blows were passed.
Other witnesses to the altelca-
ton in one form or another which
occurred in front of the Volun-
teer Store on the Square were ].
D. Sims, Mrs. J. D. Sims, ]. S.
Bevill, Tom Fisher, Wallace John
son, James Hathcock, Mrs. James
Hathcock, Mrs. Vardaman Bar
ton, Wallace Grantham, Mrs. ]. S.
Bevill, and Ernest Lee Ingold, son
of Mr.. Ingold.
The majority of the above Wit
nesses testified to the effect that
Mr.. Ingold was not resisting ar
rest or appearing to be taking any
threatening action toward the
Lexington officers. Most of them
also testified that Mr.. Ingold was
hit ten or more times by the Of
ficers after he had been knocked
down
Defense Witnesses
Witnesses for the defense were
Officer Sam Farmer and Marshal
Lehman.
Mr.. Farmer, who was an OBJ
server of the whole affair, said
Mr.. Ingold was not unconscious
but that he was "bloodied up"
He also confirmed one of the no
scouting witnesses testimony
that Mr.. Lehman had told Ingold
he would shoot hole" through
him.
Farmer also said on the stand
that he thought criticizing a law
enforcement officer was reason
for arresting a citizen and that
the officers were within their
rights in trying to subdue the
prisoner Qngold) for the latter
was resisting arrest.
Mr.. Lehman
Mr.. Lehman, SO, who has serv-
ed Lexington as marshal for four
years and who several months ago
was prevailed upon to retain his
office by citizens of the COM
munity following his announced
intention of resigning, took the
stand in his own defense.
The officer said on the stand
that Mr.. Ingold acted in a mad,
threatening manner" and that it
was for this reason that he hit
the man at all - that it was a
question of subduing the prisoner
who was resisting arrest to keep
from having to shoot him.
Mr.. Lehman said that he had
no malice in his heart for Mr..
Ingold and had never had none
Continued on Page A.