. > .1 . \ \ " \ ^0$^, rt Kiillot ViqH a hottoroH onnoaranoo 1 11^7 U XAUU U mmn/W) and the witness said it was possible for a portion of the ball to have slivered 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 a .38 special bullet weighed 165 grains and a .38 short weighed 150 grains. Dr. H. J. Stuckey next testified. Hei in company with others, visited the scene Saturday night. Saw the body. Pistol was in right hand and kmife in left. Pistol contained one discharged cartridge and one loaded shedl. Saw powder burns around wound. Death was instantaneous. Left hand was open, knife lying in it, right hand clinched pistol. Saw McPhail that night; said positively he did not kill Walker. Witness came to Bamberg with McPhail. Defendant was drinking but not drunk. On cross examination, witness said he could detect no tampering with body. Saw no indications of a struggle near body, which was lying face downward. His opinion was that Walker had pistol in hand when killed Witness said he was the family physician of McPhail, and had never seen a .38 short pistol in his possession. He identified a .38 special pistol as McPhail's. Mrs. Walker Testifies. Mrs. H. W. Walker, wife of the deceased, was next called. Said Walker came home about 5 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 tvhen Charleston trained passed going to Augusta. Witness told of going to Ben Lawson's store before killing, and going back home. She heard McPhail's car coming: detected it by the loud blowing 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 i McPhail was about to kill him. Willie j was asleep, and she pot pistol and took it to her husband. Put it in blouse when she left house. Saw that McPhail had a "long pistol"! stuck under Walker's chin. Saw defendant's car near. Witness said she caught Walker by the coat and told him to come home. McPhail cursed [ violently. She put her hand on Mc| Phail's shoulder and asked him not to shoot her husband. Walker put his head on McPhail's shoulder. Negro, Elliott Glover, struck Walker. Walker asked .McPhail for pistol. Witness then put pistol in her husband's pocket: Walker told her to go home. Negro told Walker to take that or die. Walker fired at him. Had her right hand around Walker, and left hand on McPhail's shoulder. Some one jumped out of car at that time; they turned to look at him, then McPhail shot Walker. Witness thought .McPhail was about to kill ner too, and that he did shoot at her; _ r a * - ^ - ? * ueienuani nyeci rowarci ner nouse. Defendant then took shells out of pistol and called for more. She carried her children to Ben Lawson's house. McPhail had hold of her husband's body; appeared like he had hold under arms. She called to him but he did not answer. Shooting occurred about ten o'clock. She came to Bamberg with Ben Lawson to get the sheriff; went back with H. D. Free and others, who moved body to house. Pistol she carried husband had two shells in it. Witness said she heard five shots; McPhail shot four times and her husband once. Her hair was scorched by shots. McPhail was about three feet away when he fired. She, Walker. McPhail and two negroes were present at the time. Steedley's and Lawson's stores were closed Cross examination: Denied going with pistol in her hand hunting her husband; denied possession of a .32 pistol; denied telling anybody she would kill anyone who testified against her; denied making any threat that she would kill her husband that night, and denied that Walker was trying to take her home because she had thrown a brick at Steedly; denied cursing her husband. Walker was not drunk. Did not go to scene until Walker called for gun. Found Walker begging McPhail not to shoot, McPhail cursing him. Denied carrying two pistols. Witness said she was sorry that she did not have another pistol; she would have killed McPhail rather than see him kill her husband. Denied that she had for several years been having rows with her husband. Admitted that she had on one occasion drawn a pistol on him?about seven years ago. Said the pistol shown ner as McPhail's did not look like one he had that night. Pistol glittered in moonlight; one showed her would not. After shooting, McPhail ran back to car and reloaded. Shots were in quick succession. Denied calling to McPhail to come to her after shooting. Counsel for the defense put her on notice she would be contradicted. Witness said she was behind Walker at time; no one was behind her. On redirect examination, Mrs. Walker said her husband had acted, as deputy. That there was hard feeling between her husband and McPhail because of McPhail's alleged violation of the liquor laws. That McPhail had about three weeks before the killing received nine gallons of whiskey at Midway in the names of different parties and that Walker had taken down the names on the packages in the presence of McPhail. and that the latter had warned Walker he had better attend to his own business. Witness admitted she had once owned a .22 pistol, but that it had been torn up two years before. She said she was not in a condition at the time to notice every one who might have been present. Ten Year Old Daughter. Sallie Walker, ten-year-old daughter of H. W. Walker, confirmed her mother's testimony in practically all respects, except she heard only three shots. She went to the scene and saw her father's body on the ground and saw McPhail standing behind a tree. Her mother had gone to Lawson's house. Went to the body, which was lying on right side. Saw nothing in hand. Did not see negroes Saw Ben Lawson go to body. Cross examination failed to bring out anything different from her main testimony. B. D. Bolen said he helped to dress body after death. Saw pow-, der burns: said that Mrs. Walker's! hair was singed. A. R. Dempsey also helped dress j the body. Saw powder burns and in-j dications of a blow in the face. Also j saw powder burns on Mrs. Walker'sj face. On cross examination, wit-) ness admitted blow could have been < made by falling. Sand was about j two inches deep were body was. Sheriff S. G. Ray testified he knew! Walker; that Walker had acted asj deputy. Had employed him before j killing in capacity of detective. Told him to have McPhail up for selling whiskey. Did not know whether; i IN THE PALMETTO STATE SOME OCCURRENCES OF VARIOUS KINDS IN SOUTH CAROLINA. State News Boiled Down for Quick Heading.?Paragraphs About Men and Happenings. A large number of North Carolina and Tennessee troops have arrived at Camp Sevier, Greenville. The Atlantic Coast Line railroad in twenty-four hours handled seventeen troop trains through Florence* Two carloads of Percheron brood mares have been purchased in Illinois for Hampton county farmers. Two soldiers stationed at a camp near Lexington, were waylaid and shot in the legs Sunday night by unknown parties. William S. Cogburn, a well known citizen of Edgefield, accidently shot himself in the left hand Monday afternoon while dove shooting. The hand had to be amputated at the wrist. A thousand new recruits undergoing intensive training at the U. S. Marine Corps recruit depot at Port Royal, S. C., went through the month of August with a perfect conduct record. There was not one single offender against the regulations, a report to headquarters states. McPhaii knew Walker was a deputy or not. Junior Bessinger testified he heard McPhaii say if he was ever tried again it would not be for selling whiskey, but for killing the man who reported him. * L. C. Price testified he went to Midway night of killing. Saw body on street. McPhaii came up while! witness was there, stayed some time. McPhaii said Walker was fussing with some negroes and asked him fori pistol, and before he (defendant) could give it to him "they killed him." On cross examination witness said he advised McPhaii to give up. Saw knife in left hand. Said McPhaii said he loved Walker like a brother; thought Walker was the best friend he had. On redirect examination witness said he saw McPhaii in Bamberg before the killing; that he was staggering; had never saw him stagger before. DaH/>oiti o ? T W T An n in tersti X VllVOiiiUU V? ? * w ? fled he saw McPhail in Bamberg before the killing; was under the influence of whiskey. Ben Lawson, a negro storekeeper of Midway, was next called. Was in his store before killing; Walker was in his store about half hour before shooting. Went out of store when automobile came from Bamberg. Heard McPhail. No loud talking or cursing then. Closed store and went home. Crowd and auto left from in front of his store and went over near Steedly's store. When he was ii^ his house he heard one shot and then two more, then voice of a lady; last two shots maybe minute after first shot. Last shots were loudest. Heard Mrs. Walker say McPhail had killed Whilden. She wanted to go to Bamberg to get the sheriff. Walker's body was face down in the sand; head was toward south; automobile about ten feet away. McPhail got in car ana was sitting there when witness left for Bamberg with .Mrs. Walker. Witness said short time before shooting, Mrs. Walker came in his store. Walk- , er was there. She asked her husband for some matches; Walker told witness to give his wife matches. Walker asked his wife if there was anything else she wanted, and she said nothing except for him to come on home. Nobody was drunk, said the witness. Left hand was under body when he saw it. Never heard Mrs. Walker curse her husband. Witness said he closed his store at the usual time. The testimony of Lawson ended the State's case in main. Testimony of the Defense. C. P. Steedly was the first witness for the defense. Mr. Steedly heard difficulty between Walker and his wife and saw row day of killing. She cursed him. Mrs. Walker had had fuss with witness's brother. Mrs. Walker went home and was trying to get back when Walker interfered. Witness admitted that he did not feel kindly toward Mrs. Walker. It was dusk when he saw fuss. Said .Mrs. Walker had pistol in hand; on cross examination said it was something and it looked like a pistol. She had gone home, said the witness, to get a pistol after the row with his brother. William Stokes, a negro preacher, testified he was one of the men to watch the body before the officers ar COUNTY'S SECOND CONTINGENT For the National Army Leaves Next Wednesday Morning. Bamberg's Second contingent in the national selective draft army will leave this city next Wednesday morn- , ing for Camp Jackson, Colombia, where it will join the first nine men, whq left last week. The- second contingent calls lor 40 per cent, of th county's qjuota, but on account of the fact that only white men are desired at the camp at this time. Bamberg will not send 40 per cent. Arrangements have not been completed for the accommodation. of the colored soldiers at Camp Jackson. -Mr. A. L. Kirkland, clerk of the Local Board, stated Tuesday morning that there were but 22 more white men certified from this county, and that twoof these had been granted exemption by the district board, leaving only 20 qualified white men. Forty per cent, of the county's quota is 73 men, and there will be, therefore, a, deficiency of 53 men in the contingent. This deficiency will be made up, it is stated, by other counties where there is a large majority of whites sending sufficient drafted men above 40 per cent. ^ to make up the deficiency in counties where there is a majority of colored population. In this way, the State's full proportion will be furnished. s ' . The men will gather in Bamberg next Tuesday and remain here over night. An. entertainment has been ? i t . A . 1 _ 1 _ 1 * piannea ror tne men to raae piace Tuesday night. I A "1 The district board has granted exemption to about 10 of the men certified by the county board. $!ost of these men are married, but have no children. All married men who asked for exemption were exempted by the district board. The following order has been sent 'N to the district board: "Send 40 per cent, of your quota to Camp Jackson, South Carolina, September 19 as planned. This increment should be made up entirely of white mefi. To compensate. for counties that have such a preponder-; ance of negroes as to be unable to # furnish 40 per cent, white, send lar^ ger increments from counties with , higher pecentages of whites to the end that 40 per cent, of the quota for the entire State may go to camp as scheduled. Inform passenger repnn'tVl laoct nraMipahlo Hp I C9UU T TT ibU 1VUVV> VA MV , lay in order that such local traffic adjustments as pay be necessary can be consummated at once." rived. He saw the body; pistol was in one hand, knife in the other. No one disturbed the body while he was watching. Adam Johnson was also one of those in charge of the body. Said body was not disturbed while he was present until Mr. Free and others came. \ , William Stokes, recalled, said he said Elliott Glover soon after the shooting. Noticed his coat was cut. On cross examination said Glover showed it to him. McPhail went in auto toward his home. Drew Steedly. Drew Steedly said he was a storekeeper and station agent at Midway. Mrs. Walker was at his store in the afternoon. He was not allowed to go into details of what occurred, but in consequence of the incidents at his store, Mrs. Walker was very much enraged, and she went home. Walker was trying to quiet her at her house. Witness said she cursed her husband and told him she would kill him before twelve hours passed. Said she had pistol in hand. Witness was not allowed to testify as to alleged violence of Mrs. Walker. After the arrival of McPhail's car, witness heard loud talking, then shooting. Heard three ' shots; saw flash of shots. Said pistols are often called guns. Said all shots came from same direction. Heard woman say "Do, Cousin Willie, come to me," or words to that effect. Said it was Mrs. Walker's voice. Witness saw Ben Donald. Called to McPhail, who came over to him. McPhail told him he did not know who did the killing. Witness saw body on ground, face doward. Pistol in one hand, knife in other. Saw auto move off. McPhail, witness, * -*- ! j witness s wit? and ciinureu, vjiu?ci and Ben Donald were in car. Said Glover's coat was cut. They went to McPhail's house. Witness came back to .Midway with McPhail and several others. Witness denied the liquor transaction told by .Mrs. Walker. . Denied ever selling liquor. Walker was drinking that afternoon. Said .McPhail had received a half gallon of liquor in own name; knew nothing (Continued on page 4, column 1.) . '.V '!