The county record. [volume] (Kingstree, S.C.) 1885-1975, 1902-10-09
GETS A new TRIAL.
Supreme Court lands Down Opinion
in Wilcox Case.
MONTGOMERY WRITES OPINION.
Justice Clark Writes a Concurrent
Observation-Disclosures at Trial In
Elizabeth City Sufficient Grounds.

Court Tuesday gave Jas. Wilcox, con-
victed Of the murder Of Nellie Cropsey,
at Elizabeth City, a new trial. The
opinion in the case is written by Jus.
tice Montgomery. There is a concur,
ring opinion by Justice Clark. The
leading opinions in full follow:
No person ought to be taken or dis
seized Of his household liberties or
privileges or outlawed or exiled or in
any manner deprived Of his life, lib
erty or property but by the law Of the
land. And that provision Of our State
constitution applies as well to proce-
dure and manner OF trial in our courts
OF justice as to principles Of law which
underline our society. Under law all
persons charged with crime are as
much entitled to a fair and %unpreju-
diced trial as they are to the protec.
ton of their persons, their property or
their reputation. They have a right
under the same constitution to have
| counsel for defense, and any willful in
| terruption Of such counsel while con-
Quoting such defense, intended to dis
concert and embarrass, Is not only un-
lawful as obstructing and preventing a
| fair trial, but is deserving Of the con-
demnation Of all good citizens.
In this case the prisoner was az.
| raigned for murder and was convicted
| Of that crime in the first degree. The
| evidence wos entirely circumstantial,
| and while that character Of evidence
| may, in its very nature, produce a high
| degree Of moral certainty in its appli-
cation, yet It is never to be forgotten
| that It requires the greatest degree OF
| caution and vigilance in its applica-
ton.
In reading the records in this case.
it hardly seems possible that the jury
could have given that cautious ano
vigilant attention to the evidence
which the law requires OF them. or to
a presentation Of the prisoners case to
| them by his counsel that thought
which the importance Of the case de-
manded. In their immediate presence,
100 persons in their deliberate purpose
to prejudice the rights OF the prisoner
committed a great wrong against the
Commonwealth, and contempt OF
court. On the outside Of the court
house great improperties took place
for the purpose Of prejudicing the prls-
oner with the jury. No such demon
STATIONS were ever witnessed in our
State before, and for the honor OF the
Commonwealth, such ought not 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 coun-
sci wal making the closing argument
for the prisoner, about 100 people
being about ope-fourth OF those pres
emit in the court room, as il by concert,
left the room. Soon thereafter, while
the same counsel was addressing the
Jury, the fire alarm wa given near the
court house, which caused a number
OF other persons to leave the court
room The court is Of the opinion, and
so finds the fact, that these demonstra.
lions were made for the purpose OF
breaking the force Of the counsers ar.
gument. But the court does not n
that the jury were Influenced thereby.
There is no motion made by the pris-
oner to set the verdict aside In conse-
quence OF said conduct"
Sufficient excuse was mad here by
counsel for the prisoner for failure to
make a motion for a new trial In the
court below to justify the Attorney
General in consenting to the agreement
to consider the motion as having been
entered at the proper time. which ne
d,a. IN such a case as this 1t Is IL.
indispensable that the flding by his
honor that the jury had been uninfu-
enced by the conduct OF the Offend
e-S should have been made. The dis
elderly proceedings assumed such pro-
portions as to warrant this court in de-
claring that the trial was not conduct
ed according to law. The propriety OF
our ruling is strengthened by the cir
cumstances that contempt proceedings
were not commenced against those Of
Tending. and that no motion was made
to set the verdict aside and dor a new
trial after such unheard-of demonstra-
tons. Counsel for the prisoner, in his
argument here, in response to a Ques-
ton, stated that II the verdict had been
set aside the prisoner would have met
a violent death on the instant.
The prisoner must not only be tried
according to the forms Of law, these
forms being included in the expression
Flaw of the land" but his trial must
he unattended by such influences and
such demonstrations OF lawlessnsss
and intimidation as were present on
the former occasion. Court must stand
for civilization, for proper administra-
ton Of law is orderly proceedings.
There must be a new trial in this case.
The following is Judge Clark's rpn-
currence Of opinion:
THE judge having found as fact
that the demonstration within and
without the court room were made for