The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-10-01
THE DEMONSTRATIONS
Were Taken Into Consideration in the
Judges Opinion.
WRITTEN BY JUSTICE MONTGOMERY
Judge Clark Files COncurring Opinion. !rhe
Magnitude and Nature Cf These Demon
slratiOns" require New
Trial
Jim Wilcox win get a new trial.


Jim Wilcox will get a new trial
The Supreme Court of North Caro-
lima so ordered yesterday afternoon in
the opinion handed down in the famous
case.
The opinion was written by Judge
Montgomery, and Judge Clark hled a
concurring opinion. They took into con-
| sideration the demonstrations that were
made for the purpose of breaking The
, force of the counsel's argument" to
! quote the language of the judge VINO
/ tried the case in Elizabeth City.
| Judge Montgomery, in the opinion OF
tho court says, in regard to those
| demonstrations: mo such demonstra-
tions were ever witnessed in our State
before, and for the honor of the Com
monwealth, such ought never to be re-
neated."
| Jim Wilcox. as is we'll remembered,
was accused of numbering Miss Nellie
Cropsey in Elizabeth City last winter
They had been sweethearts and had
quarreled. He was the last person seen
with her on the night of her disappear
ance, and a chain OF circumstantial evil
dence was wrought around him, until he
was finally found guilty of murder in
/ the first degree. Miss Cropseys body
was found in the water near her home
thirty seven days after she disappeared,
in state OF perfect preservation.
The case was appealed on the ground
| that the prison did not hcve fair trial
He was represented be1ore the Supreme
| Court by Messrs. w. M. Bond and E. f.
Aydlett. For the State were Attorney
General Gilmer and Solicitor Georg9 w.
| Ward, of Elizabeth City.
The full text of the opinion follows
No person ought to be taken or dis
seized of his freedom, liberties or privi-
leges. or outlawed or exiled, or in any
manner deprived of his life, liberty or
property but by the law of the land. And
| that provision of our State Constitution
applies as we'll to the procedure and man
ner of trial in our courts of justice as IL
| does to the great principles of law which
underlie our society. Under the law OF
the land, all persons charged with crime
are as much entitled to a fair and un-
/ Trejudiced trial as they are to the pro-
! lection of their persons, their property
and their reputation. They have the
right under the same constitution to have
| counsel for their defense, and any wilful
| interruption of such counsel while con-
Quoting such defense, intended to dis
concert and embarrass, is not only un-
lawful as obstructing and preventing
| fair trial, but is deserving of the con-
| demnatiOn of all good citizens.
In this case, the prisoner was arraigned
| on an indictment for murder and was
convicted of that crime in the first de-
| gree. The evidence was entirely circum-
stantial; and while that character OF
| evidence may, in its very nature, pro-
duce a high degree of moral certainty in
it's application, yet it is never to be for
gotten that it requires the greatest de-
| gree Of caution and vigilance in it's ap-
plication.
''In reading the record in this case.
it hardly seems possible that the jury
could have given that cautious and vigi-
| liant attention TO the evidence which the
law required Of hem, or to the presen-
tation of the prisoners case to them by
his counsel that thought, which the i'm
portance of the case demanded. In their
immediate presence, one hundred people
in their deliberate purpose to prejudice
the rights of the prisoner, committed
great wrong against the commonwealth
and a contempt of the court. On the out
side Of the court house, greater impro-
prieties took place for the purpose OF
Irejudicing the prisoner with the jury.
No such demonstrations were ever wit
messed in our State before. and for the
honor of the commonwealth, such ought
never to be repeated.
"In the statement of the case by His
Honor, he said: After the evidence was
all in, and while one of the counsel was
making the closing argument for the
prisoner about one hundred people be-
ing about fourth Of those present in
the court room, as if by concert, left
the room. Soon thereafter while the
same counsel was addressing the jury
fire alarm was given near the court
house. which caused a number OF other
persons to leave the court room. The
court is of opinion and so finds the fact
that these demonstrations We're made for
the purpose of breaking the force Of the
counsel's argument. But the court does
not find that the Jury were influenced
thereby There is no motion made by the
prisoner to set aside the verdict In
conscience Of said conduct
Sufficient excuse was made here by the
| counsel for the prisoner for the failure to
make the motion for new trial in the