The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1919-09-11
McPHAIL GIVEN FOUR YEARS.
Court Adjourns Saturday After Fin
ishing Large Volume of Business.

w. II. -hCI li6li " dS lOuuO Sullls VI
manslaughter Thursday afternoon,
and was sentenced Saturday morning
by Judge Wilson to serve four years
on the public works of Bamberg couu-
ty or N the State penitentiary. At
torney's for AIcPhail Immediately
gave notice Of intention to appeal
the case to the supreme court, and
Judge Wilson fixed bail at three
thousand dollars pending the appeal.
McPhail was sentenced Saturday
morning following the refusal of
Judge Wilson to grant new trial
Counsel for McPhail argued that the
verdict of the jury was not compat-
ible with the evidence adduced in the
trial of the defendant for the alleged
Killing of H. W. Walker in the town
of Midway in 1916. In the trial of
the case no attempt whatever was
made by the defence to justify 1he
killing of Walker, the entire defense
being a denial of the connection of
McPhail with the killing. Arguing
to this point the defense's counsel
stated to the court that if McPhail
killed Walker it was murder, and
that compromise verdict was trav-
esty upon justice.
Judge Wilson held that if the jury
was convinced that he killed Walker
and saw fit to be merclful enough to
render a verdict of manslaughter he
t did not consider that that would be
sufficient ground to set the decision
of the jury aside.
When asked if he had anything to
say to the court before sentence was
passed on him, McPhail stated that
he had been victim of Circumstance
es. He averred his innocence and
said that he had a clear conscience,
and that he realized when he went
before the jury that he was before
God and his country. He had moth
ing to say except to throw himself
upon the mercy of the court. He is
SO years of age, and he hoped that
he might live to serve whatever sent
ence might be put on him, and be
restored to his family.
In passing sentence, Judge Wilson
told McPhail that the duty before him
was very unpleasant one, and that
he sympathized with the defendant.
He realized, he stated, that in pass
ing sentence upon an old man it was
quite different from younger one,
and that on account of his advanced
years he would be very ienient with
the defendant. He told McPhail that
if he had not been drinking on the
occasion of the killing, the homicide
might never have occurred,
eDThe case of the State versus p. J.
Coleman and C. A. Rector, charged
with the killing of Alex Stevens, a
negro, near Denmark during a raid
on Stevens's home resulted in ver-
dict, directed by Judge Wilson, of ac-
Auittal. Coleman and Rector are
United States revenue officers. In
company with State constables they
visited Stevens several months ago,
after receiving information that Ste
vens was making and selling blind
tiger whiskey. In arresting Stevens,
the latter made resistance and during
the scuffle, Stevens was killed. After
the shooting the officers made a
search of the premises and found a
still, thirty gallons of mash and two
quarts of blockade whiskey. Stevens's
wife has since been tried in the Unit
ed States court and found guilty of
participating in blind tige- whiskey
making.
Susan Nelson, q negro woman, was
acquitted of the charge of murder.
She killed another negro woman near
Denmark last winter, after the dead
woman had come to her house and
was advancing upon her with dead
ly weapon.
The trial of Ozelle Anderson, charg-
ed with the killing of Elmer Loper
during the Denmark shooting affair
several weeks ago in which three
persons were killed, was started Sat
urday morning, and concluded Satur-
day afternoon, being the last case
tried at this session. Anderson was
found guilty of manslaughter and
sentenced to serve eight years.
Loper was with Carroll Moblev,
who killed Agent Brown after the
latter had shot Henry Murray Ray,
son of Sheriff Ray, from which Ray
afterward died. Brown and Ander-
son we're together at the time, they