The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-11
JIM WILCOX MUST
SERVE 30 YEARS
The Murderer of Miss Nellie Cropsey Ap-
peals in Vain to the Supreme
Court

i i.
| the witness proposed to demonstrate to
/ the jury the location of the Cropsey resi-
dence, and other points Immediately
around there. The defendant also objected
to any examination of the witness with
reference to the map.
The opinion says: The exception can
not be sustained. The map was not ad-
mitted in evidence, but it was competent
for the purpose of enabling the witness to
explain his testimony and enabling the
| jury to understand it."
The defendant offered to prove by Mr.
Reed, the deputy sheriff, that since his
i Incarceration and since his first trial also
/ he has had opportunities to escape from
the Jail and that he declined to avail him
! self of them. The testimony was upon
objection, excluded and defendant ex-
cepted The court says "The exact ques-
/ tion has been decided in 81 n. c.. sos,
Battle, j., saying: The argument in
! favor of the exception is that the fight
| of an alleged criminal is admissible as
against him, his refusal to fee in the first
/ instance and his declining to escape after
having been committed to Jail, ought to
be admitted as evidence in his favor The
argument is plausible, but it would be
permitting persons to make evidence for
themselves by their subsequent acts The
writer of this opinion speaking for him.
self, has been impressed with the argu-
ment, and, subject to well defined hmi-
tations, as for instance that the defendant
was without any agency on his part given
an opportunity to escape and refused to
accept is inclined to the opinion that his
conduct is competent to go to the jury to
be given such weight as under the cir
cumstances of the case it is entitled to
There is nothing, however, in this case
to take the question out OF the well set
tied rule, and the exception cannot be
sustained"
The court found no error in the many
rulings of the court.
The defendant requested the court to
charge the jury that, upon the whole OF
the evidence, they should not find YER
dict of not guilty. 1T is upon the excep-
ton to the refusal to do so that the de-
fendant's counsel strongly urged upon US
to grant a new trial. We have considered
the case with that anxious care and
solicitude to arrive at a correct con.
clusion, which its Importance to the State
and the defendant demands. Either the
deceased came to her untimely death by
self destruction being done thereto by
what strongly lmpresses as in any aspect
OF the testimony as trifing with her af-
fections, or she was the victim of a cruel
murder. If the first be true the defendant
Is entitled to a new trial and to have the
jury instructed that they should render Il
verdict of not guilty, leaving him to that
remorse which would come to him for MS
treatment of her as detailed by himself
If the last theory be true, nothing but
the natural hesitation of a jury
TO convict for the highest grade
of crime upon circumstantiaI evi-
dence has saved the defendant from
the extreme penalty of the law. 1t Is
difficult to read the testimony in this case
without emotion. 1t is pathetic and PAIN
full We have, however, considered it in
the dry light of judicial investigation" :"
Here the question as to whether or not |
the evidence as submitted was sufficient
to warrant the judge in submitting it to
the consideration of this question the
court discusses at length the suicide /
theory. After reviewing the argument of /
the detendant's counsel that the deceased /
had the opportunity, motive and time
to drown herself, winch is as follows:
The defendant had for three years been
her lover, the only one she had ever /
had, he had been loyal to her and regu-
to the Cropsey home had attracted the
attention of the defendant, his attentions
were divided. She began to be jealous |
and treated him coolly, his continued
visits to the cousin made the deceased in
dependant and appear Indifferent She
continued to love him. kept his presents, |
and remained in the room when he was
there She was lively and tried to throw
.f4
and parasol On the evening of the dis
appearance just before she was to leave
for New York she was overcome by the
turn in her affairs and feeling that it
was an easy way to end her troubled
life. She rushed without stopping to
think, to the river, and threw herself in
This Is the argument as used by the de-
feDdant's counse.
The court says: This line of thought has
been strongly pressed upon us by the de-
fendants able and Jealous counsel. In
the adoption of this view there are seve-
raj serious difficulties. There can be no
doubt that the deceased was greatly
grieved and distressed by the conduct 0f
the defendant, that her affections were
trifed with Her conduct showed her
to be a young woman OF deep and strong
feeling. The testimony shows
that the condition OF the river at and
near to the front OF the Cropsey residence,
with its receding shores, is such as to
make it necessary for her, If drowned
there to go out rs feet from the shore
before reaching water feet deep. At
points along the shore where the bank
was steep there were bushes and brlars
The testimony in respect to the river
all conflict with the theory that she |