The independent. [volume] (Elizabeth City, N.C.) 1908-1936, 1921-03-11
ASKS FOR A2ND
DEGREE VERDICT
Trial of Lewark and Wicker
Under Way at Currituck
Court House.
BY D. v. MEEKINS.

A)NA. 1AlICl CA1IduSll1S d SpCCld
venire of $50 names and calling
another venire of rs a jury O.
| twelve was secured in the case
of State against St. Clair Le-
wark and John Wicker at Curri.
tuck C. H. at LIS o'clock this
afternoon. The jury was imme,
diately empaneled and the tax
ing of testimony had begun as
this newspaper went to press.
The Jurors are T. W. Jones, G. c.
Jones, W. q, Balance, H. e. Morrisette
c. NJ. Cayton, c. H: Meads, Frank Bal
lance, A. P. Barco, VIM. Poyner, B. L.
Gray, Sidney Hartley and Luther Scaff
The State asks for a second degree
verdict and the sentiment in Currituck
which at one time foreshadowed trial
| for murder in the first degree seems
to have reacted in favor of the defen-
dants.
Hon. T. G. Bowie, of Ashe County is
| assistant to Solicitor Ehringhaus in the
prosecution. The defense is represent
ed by Aydlett & Simpson and NIeekins
| & Mcmillan, of Elizabeth City
Judge Allen convened court at 10
| o'clock Tuesday morning. The crowds
began to flock inside the building i'm
mediately upon response to the notice
from the crier. In ten minutes the
crowd had filled every usable seat, had
overrun into the asles, had packed the
room from the entrance to the bar and
occupied every obtainable chair inside
the rail Eighteen men, comprising the
grand jury was quickly empanelled and
the notable quietness of the room at
tested the deep interest shown in the
charge of the Judge.
''A notable thing it is said Judge
Allen, that nobody has asked to be
excused and 1 think we have begun the
day well.'' After opening his charge
with these words, his honor charged the
jury at length regarding the grave re-
sponsibility accruing from its position.
Il feel no hesitancy in saying" he re-
marked, that in spite of all averred
to the contrary, that crime is on the
increase and evils abroad in the country
grow more rampant daily. 1t is doubt
ful that education and enlightenment
have materially contributed to the de-
crease of crime in the state, for with all
the enlargement and advancement of
our educational facilities, it is obvious
that crime is on the increase daily and
manifests itself in many forms unknown
Il short time ago."
Judge Allen was of the opinion that
the increase in crime cannot be attri-
buted to "a lowering of morals or les
sening sense of responsibility in the
public mind, but held that new condi-
tiOns and new reforms now at work
have not had sufficient time to work
the constructive influences necessary to
take the place of the evil ones now
being discarded. Any place left vacant
is soon occupied and unless good in
1uences may work, there is muSh op-
portunity for evil to enter in.
Judge Aliens charge struck a re-
sponsive note irf the hearts of his hear
ers for he was heard with rapt atten-
tion., After the grand jury retired, the
disposal of several small cases occupied
an hour and during that time the crowd
of spectators thinned considerably
About II o'clock Lewark and Wicker
were brought into the court room and
the crowd returned Immediately behind
the prisoners, and jammed the room as
before.~The crowd filled the open win
dows, hung upon the rail, stood on the
seats and made use of every point of
vantage IN the building. The crowds |
on the rail cut off the view of those in |
the rear, and the aisles were packed so |
dense as to hinder court officers from
passing in and out of the building. The |
audience was repeatedly requested to
clear the aisles, but it was to no avail. |
As soon as once cleared, newcomers en-
,ered the room and filled them tight |
again.
Finding a Jury. e
Finding a jury for this important
case was no easy task. A special venire
If $50 names of men living in the sew
.ral townships was drawn and sum-
mons were sent these men thru neigh
,ors who were at court. Many men
stayed away from court as no one was
lnxious to get on this jury, but the
pecldl VeHlFe cduSnC CneH anyway. |
Those men whose names were drawn
we're summoned to appear at the court
louse Wednesday at 2:30.
At 2:3O on Wednesday the press of
unfinished business. postponed the trial
nd the special venire was dismissed
or the day with orders to be on hand
n Thursday morning.
Much Interest Manifested.
More interest has been manifested in
he Lewark trial this week than has
cen shown in northeastern North Car
lima in any case in many a year. Visi-
Ors .focked from five counties and be-
pre- noon,. fully 500 people had gath
red on the grounds. Every available
ence post was utilized for hitching and
ars were parked in the vicinity on ev-
ry convenient foot of space. Hundreds
anne by water and many small boats
yere anchored in the sound abreast of
Concluded on Page 1O.)