State v. Walker

• Citation: 60 S.E. 309,79 S.C. 107
• Parties: STATE v. WALKER.
• Decision Date: 13 February 1908
• Court: United States State Supreme Court of South Carolina

60 S.E. 309

79 S.C. 107

STATE v. WALKER.

Supreme Court of South Carolina

February 13, 1908

Appeal from General Sessions Circuit Court of Dorchester County Geo. W. Gage, Judge.

J. M Walker was convicted of manslaughter, and he appeals. Affirmed.

R. Lou Weeks, for appellant.

P. T Hildebrand, for the State.

JONES J.

The appellant, J. M. Walker, indicted for the murder of Joe Demicola in Dorchester county, was convicted of manslaughter and sentenced to 15 years in the penitentiary. Walker was a department boss or manager of the Dorchester Lumber Company operating at Badham in said county, and Demicola, a young Italian, was one of the employés. Demicola, claiming to be in need of rest, failed to appear for some emergency work on Sunday morning in response to the request of Walker. He went to the shop Sunday afternoon, when he was informed by Walker that he was dismissed for not obeying orders. This angered Demicola, and he wanted to fight; but Walker declined to have any row, and ordered him to leave the shop. Demicola left the shop, stating that he would go back to work. Early the next morning, Monday, January 27, 1907, about 45 minutes before the homicide, Walker armed himself with a pistol, stating to a witness: "If that boy comes around me and starts any of his talk, I will make the dust rise, for he likes to talk to me with his hands in his pocket, and I do not know what he might do." Demicola soon thereafter appeared in the shop, and was standing at the forge. Walker coming in, saw Demicola, and asked him twice what he was doing there. Demicola did not answer, but remained standing with hand in hip pocket, according to defendant's version. Walker advanced and struck Demicola with his fist. Demicola reached down and seized a two-pound hand hammer, but before he could straighten up Walker had seized him around the waist from the rear and tried to get the hammer. While struggling in this position Demicola struck back or around with the hammer in some way. The blow fell upon Walker's face or head, drawing blood. Walker called upon bystanders to take the hammer from Demicola, and one of them took hold of the hammer. Walker then pulled out his pistol with one hand, while holding Demicola with the other. After the pistol was drawn Demicola dropped the hammer, and went out of the shop, Walker following with pistol drawn on him, and cursing him. It was testified that Walker said: "We will go on up to the office and settle it." Demicola went off in the direction of his boarding house, which was between the workshop and the manager's office. After going some distance, Demicola in front and Walker a few feet in the rear with pistol in hand, Demicola stopped, turned around, and threw up his hand as if threatening to strike, and Walker kicked him, and the pistol was fired. Demicola ran towards his boarding house, and as he ran Walker fired four times at him. Demicola ran around the corner of the house, fell near the doorsteps, and died there soon after, from a bullet wound entering his back. The defendant's plea was "not guilty"; but in the evidence his main line of defense was "primary confusional insanity" arising from the blow on the head by the hammer during the struggle in the shop. After the shooting Walker returned to the shop, sent a message to Superintendent Badham to come, and went back to work at the lathe. When Superintendent Badham came Walker was standing in the door, and when asked by the superintendent how it happened he told the occurrence substantially as related above, up to and including the statement that after Demicola dropped the hammer Walker told Demicola to come on up to the office, and he would put him where he wouldn't bother him. He further told the superintendent that he shot four times. The superintendent testified that Walker then appeared very much excited, but after the conversation went back to the lathe. On the way to jail that morning with witness Connor he said he did not mean to kill Demicola, but wanted to teach him a lesson. He turned his pistol over to Connor, stating that he knew it would be confiscated. Later in the day the superintendent visited him in the jail and conversed with him, but was not impressed that he was crazy. Dr. M. S. Connor visited Walker on the morning of the homicide, and testified that he was impressed that Walker was "irrational," that he talked queerly and disconnectedly of the crime, and did not seem to realize that he had done anything wrong. When asked whether Walker in his condition could have had any knowledge of good and evil, this witness said he could hardly answer that question. He, however, stated finally that from Walker's general conduct he thought he was insane. Dr. J. B. Johnston, who dressed the wound on Walker's head on the morning of the homicide, described it as a contused wound, made by a severe blow from some heavy, blunt instrument; that the blow was probably sufficient to produce "primary confusional insanity," which he described to be a condition of the mind that renders the person unconscious what he is doing for the time being, and that a person suffering from it will generally go on doing unconsciously what is on his mind at the time he receives the shock. This witness was of the opinion that Walker was suffering...