The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-11
NO TRACE OF SUICIDE.
0nce Sentenced to be Hanged for the Murder of
His Sweetheart Jim Wilcox Last Sentence
for Thirty Years is Affirmed
by the Supreme


Court
James Wilcox, the alleged slayer oi
Nellie Cropsey. will have to serve thirty
years in the penitentialy-acc to the
judgment of the court of Perquimans
county court, as rendered last February.
The Supreme court handed down its ne
cision of the case as appealed yesterday
and affirmed the judgment of the lower
court.
Judge Connor writes the opinion, which
is a full, beautifully written and learned
discussion of this mysterious case. The
opinion goes into detail-takes up each
point in each exception-in the case, one
at time and disposes of each in order.
HISTORY OF CASE.
Miss Nellie Cropsey. beautiful girl Of
nineteen summers, of a strong and lovable
disposition. without any warming disap-
peared from her home one night in No
Wilcox, who is alleged to have been her
lover for the years heretofore, had called
and had gone to the door with poor Nell.
She is said to have loved Wilcox ardently,
and that when her cousin from New York
came to pay her visit that Wilcox seemed
attracted to the new girl and neglected
his former sweetheart They had had
several petty quarrels, common TO lovers,
and he had returned some little presents
which she had given him on the night
which the unfortunate girl disappeared.
Wilcox and poor Nell had not spoken.
She treated him colby and indifferently
When he got up to make his departure
he asked her to come to the door, that he
had something to tell her She made
some remark to her cousin and went out
on the porch with Wilcox. As she passed
out of the door she smiled over her shoul-
der at her cousin. This was the last seen
fher until thirty-scVen days later her
body was found floating in the Pasquo-
tank River, although the diligent serch
was made. The body bore marks as if
the girl had been struck on the head with
some blunt instrument and killed.
From the relation which existed between
the two the circumstances attending her
disappearance, suspicion naturally fell upon
James Wilcox.
When Wilcox was arrested, notwlth-
standing the most tender relations which
had existed between him and poor Nell. he
showed not the least concern. He was
utterly indifferent.
Wilcoxs first trial was in March. 1902.
In this trial, the evidence. as in the second
one also, was purely circumstantial. but
nevertheless the jury returned a verdict
of murder in the first degree.
The feeling was so hot against him that
during this trial the spectators made such
a demonstration that the Supreme Court
on appeal gave him new trial When
Mr.. Aydlett arose to speak for the defense
the spectators arose almost en- 1lasse and
quilted the court room. The fire bell was
rung, and guns discharged on the outside
of the court house. The case was moved
from Pasquotanl1 to Perquimans county
for the second trial This occurred in
February. 1903. This time he was con
victed of murder in the second degree and
sentenced to thirty years imprisonment at
hard labor. From the judgment he ap-
pealed.
The first exception of the defendant was
TO the admission of the evidence OF Dr.
Fearing and DR.. Wood as experts. DR..
Wood testified that from his experience as
practitioner and learning as a physician,
ne considers himself competent to give Gn
opinion satisfactory to himself on medical
matters, also as to the death of a persSn,
whether 1t was caused by drowning or
otherwise. That he had had no experience
oeiore this in examining the body of a
person alleged to have been drowned.
rms was the first autopsy he had made IN
such ease; that he derived his informa-
ton from the authorities, Reese and Tay-
lor' ana that from an examination Of
these authorities he was prepared 20 ex-
press an opinion; that they devoted from
elght 70 fourteen pages to the subject OF
drowning. They are considered standard
authorities. DR.. Fearing testified to sub
stantially the same
The lower court found as a fact that the
witnesses were experts. The opinion saws
that if there was any evidence to sustain
his honors conclusion, it is final. and not
subject to review Thus the first excon-
tion was disposed of.
The testimony as to the nature and
character OF the bruise or wound found
on Nellie Cropseys face was excepted TO
the court says we think the questions and
answers competent to be considered by a
jury 1t is certainly consider
able matter of science.
The defendant objected to a diagram