The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1917-09-13
MISTRIAL IN McPHAIL CASE.
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MISTRIAL IN McPHAIL CASE.
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according to medical authority. Said
if killed instantly, body would fall in
same position as in when shot.
Mrs. Hattie Hicks testified that she
has seen Mrs. Walker with small
pistol since the shooting.
Defendant Testifies.
w. L. McPhail, defendant in this
case, next testified in his own behalf.
Defendant said he was in Bamberg
day of shooting; left for home about
3 or 3 o'clock in afternoon; came
back to Bamberg later; left second
time few minutes past ten O'Clock
Saturday night, with Ben Donald and
Elliott Glover in car with him. He
had no whiskey at time. First stop
ped at the we'll in Midway, Glover
saying that he wanted to get out and
get a drink of water. Engine did not
stop. Noticed crowd of people to his
right when car stopped at well. Heard
Mrs. Walker cursing violently. Ran
car on to near Steedly's store to avoid
hearing Mrs. Walker curse her hus-
band. Did not shut engine off; heard
commotion, and saw Walker chasing
Glover. Chased him to pile of cross
ties: Walker heading him off. The
negro "cut half moon," coming to-
ward automobile. When he was op-
posite car, Walker shot at negro, and
Immediately two shots rang out from
behind car, from about middle of
street. Witness called out to mind
where you shoot" Mrs. Walker,
few feet distant, called out to wit
ness several times, said somebody
had killed Whilden. Witness step
ped out of car, and saw deceased ly-
ing straight out on ground. Went
to Drew Steedly's, saw Donald, and
said Lets go see if Whilden is dead
or playing 'possum.' Did not not
go right up to body. Body did not
move. Struck matches and saw
blood oozing from wound behind ear.
Told Steedly to get someone to stay
with body, that they could not leave
it that way. Got some negroes to
stay with Walkers body until he
could go home. Mrs. Walker went
toward Ben Lawson's. Defendant
denied that he shot Walker. Said
that he was never closer than eight
or ten feet to Walker that night.
Said Walker did not call out for
gun while he was there. The negro
did not curse Walker; if he had wit
ness would have knocked the negro
down himself. Negro did not strike
Walker. Does not know when Don
aid got out of car. Denied having
pistol in hand at all. Had .3S
special in his car, which he got when
he got out of car after the shooting.
Said he had never owned small
calibre pistol since 1888. Had no
hard feeling toward Walker. Thought
he was the best friend he had in the
world. Knows he was Walkers S
best friend. Said Walker had told
him Sheriff Ray had offered him $50
to catch witness for selling whiskey,
but he had no hard feelings about it.
Witness said he came to Bamberg
| after the shooting, being advised by
some friends that he was accused OF
the killing, and to give up; that later
! he was advised that if he did not do
! the shooting not to give up. That
: he did surrender himself after the
coroner's jury had charged him With
! The crime. The defendant denied tn"
! LIQUOR transaction as related by Mrs.
Walker, and said that he had never
ordered liquor except fer his own
use.
/ Cross Examination.
! Cross examination: Admitted that
! he felt pretty good that night. Saw
! Walker in Bamberg that day: ate
! dinner with him. Walker was not to