The Monroe journal. [volume] (Monroe, N.C.) 189?-1965, 1921-08-23
KINCAID SENTENCED TO
EIGHTEEN YEARS IN PEN
Jury Finds Him Guilty of second De-
gree Murder After Being Out
One Hour and n Half.
DEFENDANT TAKES AN APPEAL

Morganton. Aug. 20. - Eighteen
years at hard labor in the state pris-
on was the sentence pronounced by
Judge Bryson for Sidney kincaid,
Burke county commissioner. whose
trial on the charge Of wife murder
has been or since Tuesday. Attorneys
for the defendant immediately gave
notice for appeal and the court gave
appeal bond Of ss50 and al appear
3nee bend OF $1,000
kincaid is still in Jail but it is
said that the bond is being arranged
and kincaid will probably be free
man early in the week during the
three months requested for the pre-
paration OF his appeal to the Supreme
court.
Tne Lincoln county jury which
heard the case deliberated for little
over an hour last night. announcing
the verdict of second degree murder
al exactly midnight.
They left early this morning for
their homes. Before dismissing them
last night Judge Dyson took oc-
casion to commend and thank them
for their patient hearing of the case,
II Is understood that on first bal
lot the jury stood three for a first
degree verdict and nine for second.
In the judges charge. which is the
subject here today of much favorable
comment, they were instructed on
the elements in the evidence which
should guide them in returning first
or second degree murder. manslaugh-
ter Or acquittal
There Is general approval of the
verdict and the sentence. The remorse
and broken condition OF the prisoner
ELECTED such sympathy for him that
IL would have caused regret at first
degree verdict.
In passing sentence this morning,
Judge Dyson departed from what he
said was his usual custom and COM
mented to the throng gathered in the
court room on the lesson the tragedy
should bring of the effects of block
ade liquor. making the statement that
on the conscience of the man who
sold Sidney Kincaid the liquor should
rest much of the blame for the death
of his wife.
The trial began on Tuesday OF this
week and had been on continuously
since that time, Kincaid was put on
the stand in his own defense. There
was no denial of the fact that he kill
ed US wife. but the defense pleaded
that' Il was an accident. kiucaid adj
mitted that he had been drinking.
He had no recollection of the killing
itself and the incidents Immediately
proceeding.
Character witnesses demonstrated
that the relations between Kincaid
and his wife had been very pleasant.
Kincaid admitted scufflng with his
wife on the porch when he came in 10
supper. Mrs. Kincaid was slain with
a knife which she had been using for
the purpose of pairing fruit. Mrs. Kin
eaid's mother. Mrs. Davis, was the.
only other person on the premises at
the time of the TRAGEDY.
Great Interest in Case.
The case has created great deal
Of interest since its inception The
kincaids were well known in the
community and had borne good rep
utations, as was attested by the
numerous witnesses put on to prove
the character of the defendant. il
was not anticipated by anybody who,
heard the evidence that the defend
ant would be found guilty of first
degree murder. No generalization