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Thurgood Marshall — Part 12
Page 90
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changed Atle etory and satd he felt he was betng the "fall
guy” tn the entire tnetdent and that the origtnal tnformation
was gtven to him by Shert ff Flentng and some of hta deputiea,
who requested Butte to swecr out the worrant. Butte expressed
the beltef that "Shertff Fleming wanted to get a ‘laet erack’
at Weaver, Looby and Marshall.” The Department requested that
Constable Butta be retntervieweds that a atgned etatenent be
scoured from hin, tf poestble, and thet he be asked +c dtaclose
fully the etroumstances, evidence and conversattons with Shertff -
Fleming and Ate deputies tn connectton with thetr request thet
Butts ewear out a warrent on the baste of information which
they had recetued. (44-1540-5)
Butte executed a stoned statement tn which he stated
that he recetved tnformation from Shert ff Flestng upon whtch he
based his afftdautt for a search warrant. A signed statement
secured from Shert ff Fleming and Deputies Gray and Lentz re~-
Siected that Butte tnforned then that he had tnformatton from
an {nformant upon whtoh Butts secured the search warrant.
Magtatrate foague adytsed that the affidavit and search war-
rant were deatroyed by him when nothing waa found tn the car
tn question and no record wos kept. (44-1540-6)
On Auguat 27, 1947, the Departuent adutsed that it
was not delieved that there was euffictent baste of prosecuttve
actton tn this oase and, accordingly, no further tnuestt gatt on
need be made by the Bureau. (44-1540-9)
Heron Long Case
On March 21, 1946, the Department referred to the
Bureau @ letter from Thurgood Yarshell enclostng a copy of a
complatnt made by one Meron Long. Long stated that he was a
aoldter tn the regular Arny and after serving tn the South~
west Pactfie, was given a 90-day furlough to visit hts parente.
Re stated that he and his brother, Yenneth, and a cousin,
Causby Clay, went to a filling station tn El Campo, Texas,
operated by one Joe Tudtke, to get some cold drinks. hile
atanding there a whtte nan ordered the cousin to put hts
shirt tafti tn, The cousin replied that he dtd not know hte
phtrt tafl wos out. The man became itnfurtated and began
curatng, and Long eclatued that they walked away. <A& they
wolked down the road, they met the shert ff and he told then
to return to the ftlltng statton,.
A fight ensued and Veron was alapped by the sheriff,
who pulled out Ata ptatcel. Shote were ftred cnd Kenneth wae
killed. The Department requested that we make o preltatnary
tnvestigation tnto tate natter and to furnteah the % S. Attorney
at Houetcn with coptes of the report. The facts developed that
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