The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-16
JIM WILCOX MUST
SERVE 80 YEARS
The Murderer of Miss Nellie Cropsey APP
peals in Vain to the Supreme
Court.

self of them. The testimony was upon
objection, excluded and defendant eX-
cepted. The court says: The exact Ques-
ton has been decided IN 81 y. c. sos.
Battle, j., saying: The argument IN
favor of the exception Is that the flight
of an alleged criminal is admissible as
against him, his refusal to flee 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 1T 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 we'll defined llml-
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 we'll 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 a yer
dict of not guilty. 1T is upon the excep-
ton to the refusal to do so that the de-
PENDANTS counsel strongly urged upon US
to grant a new trial. We have considered
the case with that anxious care and
Soicltude to arrive at a correct con
clusion. which its Importance to the State
and the defendant demands. Either the
deceased came to her untlmely death by
self destruction being done thereto by
what strongly impresses as in any aspect
of the testimony as triding with her at
f~ections, 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 4
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 circumstantia 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 a 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 defendants 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-
lar IN his attentions. Her cousins visit
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
off this feeling. He returned her pictures
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
fendant'S counSe.
t The court says: This line of thought has
been strongly pressed upon us by the de-
PENDANTS able and Jealous counsel. II
: the adoption of this view there are seve,
raj serious difficulties. There can be nc
doubt that the deceased was greatly
: grleved and distressed by the conduct Of
the defendant, that her affections were
1 trlfled with. Her conduct showed hel
! to be a young woman of deep and strong
feeling. + = = The testimony show.
T that the condition of the river at and
|. near to the front Of the Cropsey residence
l with It's recedlng shores, IS such as tC
!. make 1T necessary for her, if drowned
1 there to go out IS feet from the shore
before reaching water 4 feet deep. AT
points along the shore where the banI
t was steep there were bushes and briars
: The testimony in respect to the river
D all conflict with the theory that she
I could nave thrown herself into the water
d In discussing the bruiSe on NellS face
when found the court said: If this unfor
tunate girl had plunged into the water
e and struck with sufficient violence tt
$ have made the confusion found upon the
. left temple 1t would surely have glanced
t and lacerated the face"
The court then discussed the theory as
to Wilcox being the murderer. He also haC
the opportunity, the motive, and the TIM
to murder Nell Cropsey. 1t went int
detail about the two persons, a MAJ
d and a woman being seen on the side
walk IN front of the Cropsey residence.
In conclusion the opinion says:
WE think that in this case ''tha
= measured by the standards prescribed b,
i law, the evidence was properly submittet
to the jury and we cannot say they hay,
reached an incorrect conclusion"
h Wilcox UnmOVed.