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The MISSISSIPPI Civil Rights & Delta Blues BOOKSTORE |
Deloris Melton Gresham
of Sunflower County, Mississippi, still recalls being trapped inside her
mother's car as it sank to the bottom of a murky bayou near
Kimbell Loses Bid for
Freedom on Bond
Sumner, Miss. (AP)
'Dec. 28, 1955 ' Elmer Kimbell today lost his bid for freedom on bond while
awaiting grand jury action on a charge of murdering a Negro man.
Three justices of the
peace held a preliminary hearing for the white gin operator and refused bond.
Officers returned Kimbell to jail to await action of the grand jury which meets
next March.The hearing was held in the little courthouse where the sensational
Emmett Till trial was held. Bond usually is refused in cases where a person is
accused of a crime which carries a possible death sentence upon
conviction.
Kimbell is charged with
murder in the shotgun slaying of Clinton Melton, Negro service station attendant
at nearby
Lee McGarrh, Melton's
employer, testified that Kimbell fired without provocation, and Melton was
unarmed. He said Kimbell became angry at the Negro during an argument over
gasoline for Kimbell's car. McGarrh said Kimbell declared he was going home for
his gun and [sic] kill Melton.
'I wasn't sure justice
would be done,' said the 35-year-old white
Two witnesses testified
they saw Kimbell blast Clinton Melton three times with a shotgun Dec. 3 at a
Defense Atty. J.W.
Kellum said Kimbell fired the fatal shots in self-defense. Kimbell said three
shots were fired at him before he opened fire, one wounding him in the shoulder.
He showed a scar and brought in a doctor who verified the gunshot
wound.
But neither Lee
McGarrh, white owner of the service station, not George Woodson, Negro, who said
he witnessed the slaying, said they saw or heard Melton fire. No weapon was
found on Melton's body or in his car.
The trial took place in
the same courtroom where half-brothers J.W. Milam and Roy Bryant were found
innocent six months ago of the murder of 14-year-old Emmett Till, Chicago Negro.
Kellum was one of five defense attorneys in the Till case.
Shortly after the slaying, the Glendora Lion's Club passed a resolution unanimously the 'the regrettable tragedy'which claimed the life of one of the finest members of the Negro race in this community.' Members of the club contributed about $400 to aid Melton's widow and their five children. Last week Mrs. Melton was killed and two of her children slightly injured when she drove off a country road and turned over into a bayou near her home. Relatives said she was learning to drive.
Melton was killed in
'When Kimbell drove up
to the station, my father's boss told him to go out and fill up his car. But
when he was done filling the car, Kimbell went into a rage and said he only
wanted $1 of gas, and that he was going to go home and get his gun to shoot him.
The gas station owner tried to talk him down, but couldn't. He told him my
father was a good negro and that he did not deserve to be hurt. He really
pleaded with Kimbell.
'As soon as Kimbell
left, his boss told him that he had better leave, fast. But his car was out of
gas and he had to fill it first. Kimbell came right back and began shooting at
my father. Another man was in his car with him, and yelled for him not to shoot.
He jumped out of the car and ran into the station to hide.'[ii]
When he was arrested,
Kimbell had claimed Melton shot at him first. McGarrh denied this, adding that
Melton did not have a gun at any time during the quarrel.
The Melton family was
well known in
'A local white
minister gave her sixty dollars. Mrs. Melton, fearful that justice would not be
done if the NAACP interested itself in the case, told Medgar she didn't want the
organization to become involved. Her wishes were respected.'[iii]
Other news articles said the community had pledged to build the family a house
and provide an annual income, but $86 was all that was provided, in the end.
Deloris Melton Gresham and her siblings were taken in by relatives, and
continued to live in
An angry Hodding
Carter reacted to the murder, comparing it to the Till case in a Delta-Times editorial:
Last fall, in the glare
of world-wide publicity, Mississippi gave a sorry demonstration of an inadequate
legal system that produced such flimsy evidence and presented an attitude of so
little concern that even the people most convinced that two half brothers were
guilty of murdering [Emmett Till], had to admit that the case was not
proved.
Three months later a
close friend of one of the defendants in the Till trial was implicated in
another slaying of a Negro. From accounts presented by witnesses other than the
killer, it was an even more senseless slaying.
The negro was no
out-of-state smart alec. He was home-grown and 'highly respected' according to a
resolution ' by the Glendora Lions Club. There was no question of an insult to
Southern womanhood. There was only a argument about ' gasoline. There was no
pressure by the NAACP, 'credited' with the outcome of the Till trial. There were
no flashbulbs popping, no television cameras, no reporters from all over the
world milling around'very little about the trial compared to the attention the
Till case drew.
And the matter was
quickly handled, the evidence was presented, and the witnesses were called. It
was the word of three men, one white and two Negro, against the accused. Only
the accused said that 'somebody, I don't know who' shot at him from out of the
darkness before he blasted Clinton Melton to death. His own wife's testimony
conflicted with his. But the jury believed him, or indicated they
did.
So another 'not guilty'
verdict was written at Sumner this week. And it served to cement the opinion of
the world that no matter how strong the evidence no how flagrant is the apparent
crime, a white man cannot be convicted in