The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-27
UNVARNISHEDSTOR
OP WILCOX TRIAL
T. P. Wilcox Tells of the
Open intimidation.
IIIRORS WE'RE WATCHED
JURORS WERE WATCHED
The Result of the Vote Thrown From
the Window to Crowd.
THE ARGUMENT IN THE SUPREME COURT
Messrs. E. F. AydIett and W. M. Bond Appeared
For Wilcox, and Attorney General Gil
mer and Solicitor Ward for
the State.

The appeal for a new trial in the vii
cox case was argued yesterday in thu
Supreme court, the opening day of thi;
session.
1t was the second case on the docket
nd was reached soon after half past ter
o'clock.
The feature of the appeal was the in
PRODUCTION by counsel for the defense OF
a copy of an affidavit sworn out by T. P
Wilcox, father of jim Wilcox, who is now
Under sentence of death for the murder
of Miss Nell Cropsey.
The affidavit tells at some length and
in no uncertain terms of the demonstra-
lions within and without the court room
during the trial at Elizabeth City, of open
threats to boycott jurymen if they found
any other than a verdict of murder il
the first degree, or if they hung the jury
of the watching of the vote of the Jurors
in the jury room and the reporting it to
the organized terroriZers outside of the
building, and of various other acts of in
timidation.
Attached to the statement Of Mr. Will
cox, which was made on May Goth, last
was another affidavit by Mr. E. F. Ayd-
lett. counsel for Wilcox, stating that the
original Of the accompanying paper had
been filed with the clerk of the court OF
Pasquotank county, and that Mr.. Aydlett
lad endeavored to have the clerk send
said affidavit in the record of the case
hich he declined to do, but agreed to
give Mr. Aydlett a certified copy of the
same. and afterward refused to do So
but gave him this copy, which he said
was true copy, made by himself.
The affidavit is printed in full below
Counsel for Wilcox, after reading the
affidavit to the court, asked that it be
fled as part of the record, and moved
that a certiorari he sent to the clerk OF
the Pasquotank court, directing him to
send a certified copy of said affidavit.
The court denied the motion on the
ground that it appeared that the facts
were not ascertained until after the
court in which the case was tried had
diourned.
Counsel were then directed to proceed
with the argument of the case on its
merits, and an additional hour was
allowed FOR the presentation of the case.
Even then it was not quite finished when
and it had 20 go over until this morning
at 10 o'clock.
Messrs. w. NJ Bond and E. F. Aydlett,
Of Elizabeth City, appeared for Wilcox,
and Attorney General R. D. Gilmer and
City, for the State.
Mr.. Bond made the opening speech He
reviewed the evidence briefly, and dwelt
r.
record of the actual facts in the case,
and the stories of the facts as they had
been circulated throughout the country
in the sensational newspapers and had
created cyclone of indignation and Bit
terness.
He was willing to take the record OF
facts and let them stand for themselves.
che defense was ready to grant that,
even if everything was proved that the
State had attempted to prove at the trial,
still the evidence was not sufficient to
establish either that Nell Cropsey was
murdered at all, or, if murdered, by
whom.
No motive for murder, he claimed, was
shown. On the other hand the circum-
stances were present that often drove a
young woman of 16 or II years of age to
suicide.
Many exceptions were taken to rulings
Of the judge of the lower court.
Attorney General Gilmer followed Mr..
Bond. showing the chain of circumstan-
tial evidence that seemed to bind Wilcox
to the crime without one weak link
Solicitor Geo. w. Ward spoke next, an
swering the various points made by Mr..
Bond.
1t was an interesting debate, and drew
quite a number of listeners.
Mr.. e. F. Aydlett began his argument
shortly before O'clock and consequently
did not conclude. He commenced with a
review of the case. and will continue this
morning at 10 O'Clock.
AFFIDAVIT OF t. P. WILCOX.
T. p. Wilcox being duly sworn. says:
That he is the father of the defendant
and was present during the trial in
March last That almost Immediately
after the selection of the jury there
arose q publicly expressed bitter feeling