There is no doubt that Delano Payton was murdered on May 14, 1968. It is just as certain that former State Attorney General Leo Marston, known locally as “Judge” Marston because of his stint on the state supreme court, was the man behind the conspiracy that resulted in Payton’s murder. Under Mississippi law, that makes Marston as guilty of murder as the man who planted the bomb. Murder by explosive device is a capital crime in this state, and there is no statute of limitations. I urge the local district attorney to reopen the Payton case. If he does, he will quickly find enough proof to send Leo Marston to death row at Parchman.

Asked by “the publisher” to describe the evidence on which I based my accusations, I stated:

I am in contact with certain members of the Justice Department who have long known of Marston’s involvement in the crime. Conscientious citizens and law enforcement officers have also come forward with previously unknown facts about the Payton murder. I believe we would already have seen a prosecution of Judge Marston but for the fact that John Portman, the present director of the FBI and a former federal judge, was involved in the original Payton investigation in 1968. Some former FBI agents believe the Bureau itself may have been involved in a cover-up of certain facts of Payton’s death, but this will be difficult to prove without the original FBI file on the Payton case, which is sealed until the year 2007, ostensibly for reasons of national security.

I was purposefully vague about Marston’s possible motives for the crime, but on Caitlin’s advice I hinted that Marston, heretofore considered a moderate on race, might secretly have been working in concert with members of the Mississippi Sovereignty Commission to prevent black workers from rising into “white jobs.”

Because of my reference to John Portman, the wire services picked up the story before noon, and just before one Caitlin received a call from CNN in Atlanta. There were already two network stringers in town to cover the “black-white” mayoral election, and they spent the morning outside my family’s motel rooms, pleading for comment on the story.

But the morning paper had far more tragic consequences. Caitlin had written a separate piece about the fire and kidnaping. In it she vividly described the rescues of Ruby Flowers and Officer Ervin, and also Ruby’s death in the ER. She quoted several citizens on Ruby’s character, in particular the pastor of the Mandamus Baptist Church, of which Ruby had been a devoted member. She also quoted the fire chief, who pronounced the fire arson, based on the discovery of an incendiary device in the collapsed attic of our house. Caitlin concluded by saying that the arson and kidnaping were clearly attempts to stop my investigation into the Delano Payton murder. It was yellow journalism at its finest, and the consequences were immediate.