The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1917-09-13
MLSTRIAL IN M'PHAIL CASE
JURY FAILED TO REACH AGREE
MENT IN MURDER TRIAL.
McPhaiI Denied Firing Shot that Kill
ed Walker.-Trial Consumed
Thursday and Friday.

Inc jury Ill Tie case OI Tie Oldle
versus W. L. McPhail, charged with
the murder of H. w. Walker last De-
| cember, failed to reach an agreement
and Saturday morning, after being
in the jury room all night, a mistrial
was ordered by Judge Sease. The
case was closely contested through
out, and a great deal of interest was
taken in the proceedings. The court
house was packed both days, and the
proceedings were marked by the pres
ence of large number of ladies.
The State charged that McPhail
fired the shot that killed Walker in
the town of Midway, and sought to
show that no one else could have
fired the shot. The principal witness
for the State was Mrs. Jessie Kalker,
wife of the deceased. She was the
only witness who testified directly
that McPhail killed her husband. The
larger portion Of the testimony of
the defense was directed to breaking
down her testimony.
The theory of the defense was that
McPhail did not and could not have
fired the shot that killed Walker;
and while the defense contend
ed that it could not saddle
the crime on anyone, it's ef-
forts tended toward placing the fir
ing of the shot upon Mrs. Walker.
About two hours was consumed
in securing a jury for the case; all
jurors being placed upon their voire
dire, and questioned closely by the
court as to kinship, bias or prejudice.
The panel was exhausted after the
eleventh man had been selected, and
six extra jurors were drawn, from
whom the Twelfth juror was secured.
Testimony for the State.
The first witness for the State was
DR.. Robert Black, who performed the
post mortem upon the dead body of
Walker. He described the wound.
He said that he found one pistol ball
wound in the head, entering behind
the right ear, ranging downward and
backward. He cut the ball out on
the opposite side of the skull, after
it had penetrated the skull on both
sides and was just beneath the skin.
The bullet had battered appearance,
and the witness said it was possible
for a portion of the ball to have sliv-
cred off.
On cross examination the witness
said that at the instigation of the
grand jury he had weighed the bullet
and also others purchased from a
hardware store. He found the weight
of the bullet that killed Walker was
94 grains; that .3S special bullet
weighed 165 grains and .38 short
weighed $50 grains.
DR.. H. J. Stuckey next testified.
He, in company with others, visited
the scene Saturday night. Saw the
body. Pistol was in right hand and
knife in left. Pistol contained one
discharged cartridge and one loaded
she'll. Saw powder burns around
wound. Death was instantaneous.
Left hand was open, knife lying in it,
right hand clinched pistol. Saw Nc
Phail that night; said positively he
did not kill Walker. Witness came
to Bamberg with McPhail. Defend
ant was drinking but not drunk.
On cross examination, witness said
he could detect no tampering with
body. Saw no indications of a strug-
gle near body, which was lying face
downward. His opinion was that
Walker had pistol in hand when kill
cd. Witness said he was the family
physician of McPhail, and had never
seen a .3S short pistol in his pos
session. He identified .3S special
pistol as McPhail's.
Mrs. Walker Testifies.
Mrs. H. w. Walker, wife of the de-
ceased, was next called. Said Walk
er came home about p. M, and went
out in town of Midway, but did not
leave the town. Was at home about
dark. Started to Bamberg, but did
not go. Was at home when Charles
ton trained passed going to Augusta.
Witness told of going to Ben Law
sons store before killing, and going
back home. She heard McPhail's car
coming: detected it by the loud blow
ing of horn, which she said was his
custom. Heard McPhail curse; said
I'll kill you." Walker called to his
son Willie to bring him his gun, that
McPhail was about to kill him. Willie
was asleep, and she got pistol and
took it to her husband. Put it in
IL ,1 1of