◆ SpookStack

Looby were planning to transport liquor in their car on their trip te Nashville, Tennessee. Since Maury County, in which Columbia is’located, is a dry county, such transportation would be in violation of the dave. Upon receipt of. this information, Constable Butts secured a John Doe search warrant for the car which Marshall and the others were using and when the Marshall car came along the Nashville highway, it was stopped and a@ search was made. Assistant Attorney General Caudle, in a letter to the Bureau on January 7, 1947, stated that it further appeared that the Marshall automobile.was stopped three times - once for the purpose of searching it, @ second time to inspect Marshall's operator's license, and a third time to make the arrest; that after the arrest, Marshall's companions were told that they mi ght proceed to. Nashville; that, in supposedly proceeding to Columbia with Marshall, the officers turned off the main high- way tnto a dirt road leading elsewhere; and that they returned to the main highway only after noticing that Varshali's con-~ pantons were following them. In January, 1947, our Memphis Office conducted an investigation into this matter and learned that Constable Butts had received information from a colored infornant that Marshall and hts companions were leaving Columbia, Tennessee, on the night of November 18, 1946, in an automobile in which there would be @ quantity of whisky. On the basis of this informa- tion Butts swore out a John Doe warrant because he did not know who owned the automobile. Accompanied by a constable and two deputy sheriffs, he stopped the automobile driven by Marshall between 7 and 8 pam. on the evening of November 18th. No whisky was found itn the automobile. Deputy Sheriffs Lentz and Gray arrested Marshall after detecting that he had been drink- ing on the basis of Marshall's driving an- automobile under . the influence of liquor. Marshall, according to the officers, was taken directly to the office of Magistrate Poague, who expressed the opinion that Marshall was not drinking, whereupon Marshall was released. The officers contended that they stopped the auto- mobile only once and that the entire operation from the time of stopping the car until Marshall's release was within a tat réy- -minute period. The Department, on. ‘March ll, 1947, requested that addt tional tnvestigation be conducted in this ease for the following reasons. During the interview with Constable Butts he stated that in the beginning he had obtained the information which caused him to secure the search warrant from a: colored informant, whose tdentity he would not reveal. Butts then -~ 72 -