Volume 10 , Issue 21

1947 Case #3442 - W. B. Hull vs. State

Dec. 23, 1946... The following was in the Alva Review Courier, dated December 23, 1946, Monday, Alva, OK, with this big frontpage headline: Anti-Aircraft Fire Draws Legal Action

"W. B. Hull, rancher who lives southwest of Alva was free on $2,000 bond today, the result of charges filed after it's alleged "anti-aircraft" fire put three holes in an airplane flown by Merle McGill Sunday.

McGill, rancher who lives in the same area, and J. T. Gardner, another rancher of that community who was a passenger in the light plane, landed at the Municipal airport here and filed charges of assault with intent to kill against Hull.

McGill and Gardner told officers they were fired on while hunting coyotes from the low flying airplane 15 miles southwest of Alva. The practice of hunting coyotes from small planes has become common in Oklahoma during the past few years.

The plane had a bullet hole in each wing and one in the cockpit. Gardner said the bullet which went through the cockpit narrowly missed him.

Hull, 54, was arrested shortly after the shooting by the sheriff's force and the highway patrol detachment. Preliminary hearing for Hull was scheduled for January 2, 1947. McGill is a former president of the famous Playing Farmers of Oklahoma association."

In the January 2, 1947, Thursday, Alva, OK, Alva Review Courier the frontpage headlines read: Hull Hearing Is Continued. Case Reset For January 18.

Preliminary hearing for W. B. Hull, charged with assault with intent to kill, as the result of allegedly firing at a small airplane, was continued this morning to January 18, 1947. The hearing was scheduled before J. J. Glaser county Judge.

Hull was charged on the complaint of Merle McGill and Marion Gardner. All three three are ranchers living southwest of Alva.

The case is the outgrowth of Hull's allegedly firing at McGill and Gardner as they flew low over his property. They told officers they were hunting coyotes."

Jan. 20, 1947... On January 20, '47 this news article appeared in the same local paper:

On January 20, 1947 the same local newspaper run this frontpage headlines which read: Hull Held for Trial In Plane-Shooting Case

"Woods County's 'anti-aircraft' firing case drew a full house of interested and curious spectators Saturday morning as W. B. Hull, Alva rancher, was bound over to district court for trial on a charge of assault with a dangerous and deadly weapon.

The preliminary hearing was on a charge of assault with intent to kill, filed after Hull allegedly fired at an airplane piloted by Merle (Gene) McGill with Marion Gardner as a passenger, they are also ranchers and neighbors of Hull's living southwest of Alva. Hull was released on bond of $1,000.

Two Witnesses
McGill and Nels Nelson, deputy sheriff, were the only witnesses at the hearing, before J. J. Glaser, county judge.

McGill told the story of a coyote hunt undertaken the morning of Decmeber 22, 1946, with Gardner as a passenger in his light airplane.

McGill told of being shot at four times, three bullets striking his airplane. He said one of the bullets missed Gardner by six inches and another narrowly missed the gas tank of the plane. He identified Hull as the man who fired the shots.

Defense counsel conducted an over all details of the flight and what happened during and after the alleged shooting.

Nelson then told of the arrest of Hull, and of examining the field in which Hull allegedly stood at the time he fired at the plane.

The defense offered no testimony. Judge Glaser then called counsel to the bench and said he would bond Hull over on a charge of "assault with a dangerous and deadly weapon," instead of "assault with intent to kill."

The Judge said that the penalty under which Hull as held over, trial carries a sentence of up to five years on conviction."
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