Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-09-18
AcQUITTAL OF JOHN McGAHA.
How Men Do Murder and Secure JUS
tification In the Courts.

tification In the Courts.
Anderson Daily Mail.
Several months ago John McGaha,
bully we'll known in this part Of the
state, shot and killed George Clink-
scales, a negro, in Abbevillle county.
Witnesses of the tragedy testified at
the coroner's inquest the next day that
the killing was unprovoked, that it was
deliberate murder. McGaha fled the
state.
Negroes Of the community told the
white people, though not at the in
quest, that ClinkscaleS had told them
that he was in mortal fear Of McGaha
because he had refused to testify as
McGaha wanted him to in certain
lawsuit.
McGaha remained in hiding for a
good long time, but was finally cap
tured in Georgia, through the vigi-
lance of the sheriff of Abbeville county,
and brought back to Abbeville and
lodged in Jail.
And then powerful influences were
set to work in his behalf. The wit
nesses who had testified at the in
quest, before they had been "seen" or
fixed" now told different story.
They made affidavits that the shoot
ing was accidental. There was sub
mitted what purported to be the dying
statement of Clinkscales, in which he
said the shooting was an accident, and
that he did not want his friend John
ME" punished. A United States sena-
tor was hired as McGaha's lawyer,
justice of the state supreme court
granted him bail, and a member of the
state legislature went on his bond.
The case came up for trial at Alb
beville last week, and McGaha was
acquitted. The jury is not to be GEN.
sured. The jury had to go by the evil
dence, and although every member of
the jury may have been convinced in
his heart-preSuming, of course, that
the jury was composed Of intelligent
men-that the evidence was manu-
factured for the occasion, yet there
was no evidence of deliberate murder,
and the jury could do nothing but re-
turn a verdict of not guilty. Murder
had been proven in manner that
would warrant conviction.
The dead negro had no rich or in
fluential friends or relatives to work
for the conviction Of his slayer. There
were no rich or influential men or
strongs influences working for Justice.
That mythical figure is blind and it
often happens that she mas no friends
or advocates in our courts.
MCSIdId IldO hllleQ dl ledSl l"O IISIl
before he killed George ClinkScales. He
is now a free man again, free to go
where he pleaSeS, and to quarrel with
whom he pleaSes. Judging his future
by his past record it is only a ques-
ton of time until he kills somebody
else, or until somebody is forced to kill
him.
So far as McGaha himself is con-
cerned. it made little difference wheth-
er he was convicted or acquitted. He
is as worthless to the state as a free
man as he would be as a convict. But
it makes a great deal Of difference to
the community in which McGaha lives,
and to the public at large. 1t will
make a great deal of difference in the
future conduct Of men of the McGaha
class. Will they not feel, and with
good reason. that they can kill with
impunity, and that they can command
influence to assure them their liberty,
which with them means license?
1t does not require a seer or proph-
ct to predict that sooner or later
John McGaha will kill somebody else,
or will force somebody to kill him, And
either occurrence will be a calamity. 1t
will be a calamity for McGaha to kill
man whose life is worth something,
and it will be a calamity for some good
man to be forced to kill him. No good
citizen wants to stain his hands and
his soul with human blood, even in
self defense.
And when John McGaha gets into
his next trouble, and kills or is killed,
those who have freed him from his
latest encounter with the law will be
more to blame than anybody else.