The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-22
AN APPEALS TO BE TAKEN
The Prisoner Will be Returned to the Jail in
Elizabeth City Where the Alleged Crime
Was Con- mitted, There 10 Await the
Orders Of The Court.
Especial to the News and Observer)

UrderS OF me Ioufs'
(Special to the News and Observer)
Hertford, n. c., Jan. 21.-"Thirty years
iii the States Prison" said Judge Coun-
Gil = ffs&
With nerves as strong as bands OF
steel and eyes that showed no emotion,
James Wilcox. with unified hand and
pale and motionless as a statue OF,
marble, looked straight into the eyes OF
Foreman Reed and heard the story Of
his fate.
Murder in the second degree .e
foreman announced.
The words We're few but they bore
volumes of sorrow and remorse. mental
pain and moral degradation. There was
no mark of pain, no token of anxiety
upon the face of Jim Wilcox. The nerve
that has stood by him all along did not
desert him in this hour of his second
conviction for Nell Cropsey's murder. OF
all the hundreds of eyes fastened upon
him there was none that could detect
a change beyond a slight attempt To
swallow as if there were sensation of
choking.
The tolling of the court house bell at
o'clock told all Hertford within its
hearing that something was about to
happen and there was an inrush OF spec-
tators. The suspense which had prevail
ed in the community for twenty -one and
one-half hours since the jury had retired
was about TO be relieved. Sorrowful
and sad faced his associates sat as the
foreman got up and told their decision.
Many of the spectators were white with
nervous tension. and there was slight
shaking among the knees of some who
stood. 4
When the verdict had been declared,
Judge Council said it was an unpleasant
duty he was called upon to perform. The
prisoner had been tried by twelve good
men, tried and true. They had found him
guilty. Since they had decided that
guilt was fixed upon him, the court
thought it was an act of mercy to make
it second degree for the commission OF
such heinous crime. Therefore the
Judge said he would sentence James
Wilcox to thirty years of hard labor in
the States Prison. That is the maximum
limit in this State.
Defense Lawyer Leary arose and made
formal motion fer an appeal.
As required by law, Wilcox with a
nimble step walked to the book and wrote
his name to the PRAYER for an appeal
Then they took him back to Jail. The
motion was denied. Judge Council said
tonight the appeal was asked for on two
grounds-one that there was insufficient
evidence for the case to have gone to the
Jury and the other making exceptions to
the judges ruling in permitting Dr.
Wood and DR.. Fearing to testify as
experts.
The defense has thirty days in which
TO prepare papers for an appeal. The
Supreme Court will begin its sessions in
+ February and last until May. Ths
case will be one of the last on the = i<et
and likely will not be decided until May,
unless il be raised on the docket by re-
quest In case a new trial should be
granted the case will be sent back to
Perquimans county. but the defense have
opportunity to seek another change OF
venue. : Z,
Wilcox's place of confinement in the
meantime is being kept secret, but the
chances are he will be removed from
here to Elizabeth City within less than
two days.
There is a diversity of opinion IS to
the verdict. Most people are satisfied
but some think he got off too easily
while others believe he should have been
acquitted. The latter class is in The
minority. u
A drawn jury was looked for. The
delayed verdict of the jury was caused
by the opinions of two men, and lots of
folks think Wilcox was lucky to get
off with his life.
The jury, before compromise decision
was reached. stood nine for first degree
murder, one for second degree murder
and two for acquittal. Under the laws
of North Carolina the prisoner, should
he get a new trial, again may be tried
for his life
Wilcox, when taken to Jail, after the
pronunciation of sentence, in his
usual good spirit. ''It wasn't a hung
jury after ALL he said to Jailer Will
liams. He talked pleasantly to friend.
He said:
Even if they have convicted me again
they are convicting an innocent man. 1
don't know any more about Nell Crop
sey's disappearance than you do
LAWYER Leary, of the defense, said he
still firmly believed in Wilcox's inncense,
and that the case would be fought out
again before the Supreme Court. The
first papers needed in the appeal already
have been made out and will within
thirty days be served upon District
Attorney Ward In case the appeal IS
waived Wilcox would not be returned to
the Jail at Elizabeth City. but would be