The semi-weekly messenger., 1903-06-12
Especial to The MessengerD

Raleigh, \. G., j Une lO.-Ine supreme
court has filed the following opinions:
State VS.. Wilcox, from Perquimans,
Railway Company, from Wayne, petit
ton allowed, judgment Of court below
affirmed; SeaweU vs.. Seaboard Air Line
Railway Company, from Moore, affirm
ed: Dobson and Whitley vs.. Southern
Railway Company, from Mcdowell,
new trial; Cogden vs.. Wilmington and
Weldon Railway Company, from Beau
fort, petition allowed and new trial al
uOwed; Lewis VS.. Steamship Company,
from Carteret, petition allowed, former
ruling reversed; Vickers VS.. City of
Durham, no error; Ray vs.. Long, from
AIamance, affirmed; State vs.. YOder,
from CataWba, no error.
Interest of course, centered in the
Wilcox case, the opinion in this case,
written by Judge Connor, is of great
length and is almost entirely a review
OF the evidence. Wilcox was first tried
at his home at Elizabeth City, for the
murder of Nellie Cropsey. The result
was u conviction of murder in the first
degree, and a death sentence. He ap-
peaIed from this and was given a new
trial. The case was moved to Perquim-
ans, and there he was convicted of
murder in the second degree, and given
a sentence of 80 years in the peniten-
tiary.
From this sentence he again appealed.
The supreme court finds no error, and
SO Wilcox must so to the penitentiary.
He has said that he wished to be either
hanged or acquitted. The opinion in
his case is unanimous. Judge COnnor
quotes an opinion in the noted case of
Cluverius murderer of of Lillian Madi-
SOM at Richmond, and says:
This language So far as it applies
10 the facts in this case, appropriately
expresses the conclusion at which we
have arrived. We think that measured
by the standard prescribed by law. the
evidence was properly submitted to the
jury and we cannot say that the latter
has not reached a correct conclusion.
We are of the opinion that the testi-
TnOny is sufficient to bring the minds Of
an intelligent and fair minded jury
Under the instruction of a learned. Just
and impartial judge, TO the conclusion
that the defendant is guilty
The other case of interest is that of
Seaweil against the Seaboard Air Line
He was the white populist candidate
for office who was hit with eggs i I the
Station of the Seaboard Air Line at
Shelby. 1t was set out by his counsel
that the company's agent there gave
him, the holder OF a ticket, no pro-
lection. but was in the crowd which
threw the eggs. The court below gave
SeawelI $4,000 damages. The supreme
court says this was proper.
CBy Associated PressD
Raleigh, y. c.. June 1O-James Will
cox. the murderer of Nellie CrOpseS. of
Elizabeth City. will have TO serve his
sentence of thirty years in the state
prison here. He was tried twice The
first time he was convicted OF murder in
the first degree and sentenced to be
hung. He was given 4 new trial by the
supreme court because the spectators
at the trial made Il demonstration when
&. WilCoNS lawyer arose to speak. In
the second trial he was tried in : diff
ferent county and convicted of murder
in the second degree and sentenced 10
serve thirty years in the penitentIdry.
From this Judgment Wilcox appealed.
This Judgment the supreme court today
affirmed in a long opinion embracing
80 typewriter pages.
The defendants attorneys urged that
Wilcox should have been given a new
trial because. firSt-that the evidence
was insufficient to have been submitted
to the jury: second, that the Suieiie
theory was as reasonable as any other
theory. The court went into detail in
the consideration of these points. II
said: After reviewing the argument
of the defendants counsel that the de-
ceased had the opportunity. the mo-
tives and the time TO drown herself.
which is as follows: Wilcox had for
three years been Nellie's lover. the only
one she had ever had. he had been
loyal to her and regular in his atten-
tions. Her cousins visit to the Crop
sey home had attracted the attention of
Wilcox. and his attentions were divid-
ed. Nellie began to be jealous. and
treated him coolly. His continued
visits to the cousin made the deceased
independent and appear Indifferent. She
continued to love him, kept his pres