The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-20
M'DANIEL'S FATE
is WITH JURY
Negro Is Tried for Murder of
R. w. Drake
Ex-sHERIfF OF HALE
Company Of Militia Is Ordered Out to
Guard Jail But There Is Said to
Be no, Sign of Violence In
the Town.


Greensboro, October 1e-(special. Joe
Mcdaniel, one of the four negroes who
were indicted for the murder of ex-Sher-
IF r. w. Drake In this county, and who
was on the first trial found guilty and
sentenced to be hanged, but whose case
was reversed by the supreme court of
the state, had his second trial here to-
day. The trial consumed the entire day
and at a late hour the jury had not
announced q verdict.
The testimony offered at this trial was
substantially the same as that given on
the prior trial. Charley Taylor, one Of
the four negroes who were indicted for
this murder and who is now serving a
life sentence, was the principal witness
for the state. He testified that he, Shed
Williams, Ed Howard and the defend
ant killed Mr.. Drake and that they made
up the plot to kill him a week before
the deed was committed His testimony
as to the conspiracy was eorroborated
by II negro woman the wife of Shed VIII
liams.
The state was represented In the trial
BY = F. Thompson, the solicitor OF the
circuit; Thomas e. Knight and I. ID.
Sanford Of Opelika. The defendant was
represented by C. e. Walter and H. G..
Benners, under the appointment of the
court The speeches made to the jury
were most forcefu1, especially that of
Mr. Sanford He is a nephew of the muir
dered man and made a strong plea for
the conviction of the defendant. In his
speech Mr. Sanford congratulated the
people of Hale county that the law had
been allowed to take its course and that
no fs6b violence had been shown.
People Surprised.
The people of Greensboro were very
much surprised and outraged this even
ing when they learned that the Abbot
Rifles of Selma were en- route here for
the purpose of guarding the jail and
protecting the defendant. By whose re-
quest these soldiers are sent it Is not
known, but the belief is general that there
was absolutely no necessity for it. There
has never been a more orderly crowd In
a town than the one in Greensboro to-
day and In fact there has been less of
a crowd in town today than at any day
since the commencement of this term
of court.
The sons of Mr.. Drake and about a
| half a dozen citizens from Laneville are
the only people from the section. Of the
county wherein the crime was committed
and all of these men are of such char
| a
instead of advise for any mob violence
of any kind whatever. The troops have
just arrived here.
OF the four negroes indicted for this
murder two-Charley Taylor and Shed
WILLIAMSBURG now serving life sentences.
One-Ed Howard-is in Jail in Birming-
ham under sentence of death, but his
case Is pending in the supreme court
on a petition for a rehearing, and the
| fourth one is the defendant, Joe Nc
| Daniel.
! The confession of Charley Taylor says
that Shed Williams actually killed Mr..
Drake, hitting him in the head with an
iron bar, and that he and Ed Howard
were in tho room and Joe Mcdaniel re-
manned outside the mouse TO watch.
After the murder the negroes broke
into Mr.. brakes store, a few rods dis
lance from his house, and robbed 1t,
and then set fire to the store. They then
| soaked Mr.. brakes pants in oil and
| placed them next to him on the bed
and set them afire.
The murder was committed November
20, 1903, and a special term of the cir
| cult court was held, beginning on the
| fourth day of December, 1908, at which
the defendants had their first trial.
Charles e. Waller, one of the counsel
for the defendant, declares that he did
not make request for the troops to be
| sent here He said that he did not make
a motion for a change, of venue in the
case as he felt absolutely sure that the
I defendant could and would receive fair
| trial.
1 He further said that he has not heard
| one word or seen one act that would
| Justify anyone in believing that mob vio-
| lence was even thought Of.