The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-20
AydIett Closes the Argument
for the Defense.
HIS PASSIONATE PLEA
Wilcox Says if They Hang Him They Will
Harg an innocent Rat---%any Be-
Iieve There viii be
Hung Jury.


witnessed the beginning of the end in
the second trial of James Wilcox. When
court adjourned shortly after sunset all
the argument was over.
Tuesday Judge Council will charge the
jury, and if it is agreed that the evil
dence be not read the case should get to
the jury by noon, otherwise in the after
noon.
Today the courtroom was absolutely
coIgested by mass of humanity. Be
fore beginning business, there being no
room for the lawyers the authorities had
to exclude many persons from the build
ing. Then there was excellent order con-
sidering the crush. Attorney Aydlett,
who made the closing defense argument
occupied the whole afternoon. His effort
is considered a very able plea. In an
analytical way he dissected almost all
the evidence and by ingenious logic made
his speech very effective. Some times
he went off in flights of cloquence when
he touched the sentimental side of the
case and brought in illustrations appeal
ing to the sympathy OF the jury and por
traying the disastrous results of wrong
verdict. He told them the danger of i'm
plicit confidence in circumstantial evil
dence and said it was much better TO
err on the side of mercy.
Mr. Aydlett said the case yet was
Wrapt in a mystery, which no man could
solve. la expressing regrets for some
things he mentioned first Mr.. Bonds ILL
ness. and then declared that the States
prejudces rather than the reason of the
jury. He asserted the prosecution had
nlisiudged the jury in believing they
could be swayed by elouent appeals.
He started out by saying positively
the deceased was not murdered; that none
of the twenty two witnesses could swear
that she was not drowned
In pointing to the doctors contributory
reasons for saying Nell was unconscious
or dead before going into the water he
said their evidence was not worth any
thing, ror none of the symptoms was
conclusive.
In referring to DR.. Mcmillan, who was
not introduced, the speaker made state
ment which angered Mr.. Wac1, who
arose and said THAT is not true" The
court interposcd. Mr. Aydlett ualified
his assertion and argument was resumed
He reasoned that Nell had jumped into
the river where it was deeper, had in
jured her temple against an obstruction
ana floated to the shallow water where
found.
n giving motive for suicide Nv Ayd-
lett said Nell had loved Jim to the last.
was piqued because he showed attention
to Miss Carrie Cropsey, that she had not
returned Jim's gifts; that she remained
in Jim's presence at his late calls, even
though they didn't speak; that he was
her first and only lover, whose attentions
were accepted by the family: that she
cried when Jim returned the parasol and
picture and the nthreW herself into the
river; that her love for Wilcox was
stronger than her desire to so to New
York; that her commands in telling him
to pull and "stay home" were the
utterances of playfulness.
Referring to Jim's alleged unworthi-
ness of Nell, he said women, when in
love would stick to unworthy lovers or
degraded husbands.
In referring TO the prisoners conduct
of seeming unconcern the lawyer said he
sci: had he done more or shown more
emotion he would have been criticised;
that they would have said ne was guilty
no matter how he acted. Aydlett argued
that it was almost impossible for Will
cox to have killed NelE, that Roy Craw-
ford and Ollie were yet in the pe plOr
that it was moonlight; that they left the
door open; that the time discrepancies
did not amount to anything: that had hc
Waded to carry out the body Leonard
Owens would have noticed his wet and
frozen clothing; that Nell with her sore
foot slipper would not have gone
beyond the porch at that hour;
that the State did not attempt
to explaint how the murder was
done, that no enc could. begged the
jury not to bring in a compromise YER
dict, bat pleaded for straight out acGuit-
tai, aaking that the jury not to convict
because the lawyers asked for it. The
speaker sought to show the absurdity OF
Mr.. SaWycrs Bible quotations by read
ing from three Bible chapters the first
commanding d man to ham Eim5elg; the
second saying: Go thou and 10 like
wise; the third urging him to do it
quickly o reasoned by this Mir. Sawyer
Should hang himself quickly. drew
word picture saying the whole RESPONSE
bilitv was with the jury, appealed TO their
sympathio5. said crowd in 4 Norfolk
theatre had appldu1Cd the Supreme
coUrt's decision granting a new trial
and predicted that the manhood of the
universe Tvculd shout at an acquittal, not
because thoy care for Wilcox bIt because
there was uncertainty because there was