Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1923-04-19
TRIAL OF WILSON.
/ l.LLEGED MURDERER
DRAWS NEAR CLOSE
Charged With Killing R. E.
Sappington in 1920
FORMER TRIAL IN WILCOX
Tragedy Occurred in Postoffice
at Seville

ne noted murder case which has
had three trials in Wilcox county and
tor which a change of venue was
granted the defendant at the March
term OF Wilcox Superior court, has
been on trial here since Tuesday.
brief history of the case disclos-
es that in August, 1920, j. c. Wilson
OF Seville shot and killed r. E. Sapp-
ington, at that time cashier OF the
Bank of Seville, in the lobby OF the
Seville Post Office Wilson was in
@dlcted for murder by the Wilcox grand
jury OF the September term 1920 and
was tried the same session and found
guilty of murder and sentenced to be
hung.
The case was appealed to the court
OF appeals, which granted new trial.
Wilson was again tried at Abbeville in
January 1923 at which trial mlstrlal
was dec Jared. The case was again set
for trial at the March term OF the
Wilcox superior court, when two Jur-
les were given the case for disposal.
The first jury was regular drawn
jury and the attorneys for the defend
ant asked to be allowed pleaS OF
guilty on condition that. a verdict be
returned by the jury, with recon-
mendation for mercy.
Judge Crum declined the plea, tor
the reason as at that time stated by
Judge Crum, that it was not IN the
province of the court to accept plea
in that form, as it was matter LOT
the Jury to decide and to tx the YER
dict. A regular plea of guilty was IL
rally presented by the attorneys 1or
the defense and the case was gwen IN
charge of the jury. After more than
an hour. the jury announced that II
was impossible for it to come to an
agreement as to form OF punishment
to mete out and a mistrial was again
declared.
A second jury was impanelled and
the plea given it in charge, Judge
Crum fully charging them as to the
various forms of murder, manslaught-
err. etc, and the form of the verdict
to be returned, should they come to
an agreement. Within half an hour
this second jury was ready TO report
and verdict was handed to Solicitor
General Wall Reading its portent, he
consulted with the defendants attorn-
evs5 who Immediately withdrew their
former plea of guilty without recon-
mendation. which meant the death
penalty for the defendant. Judge
Crum dismissed the jury and upon the
written petition of the States attorn-
Svs and the attorneys for the defend
ant a change of venue was granted
and the trial of the case set Tor April
II in the Ben Hill Superior Court.
Intense Interest in Case
The interest being manifested IN
Mt
itself in the large number OF citizens
from that county attending the triai
Tuesday and Wednesday. The unusual
case attracted number OF our own
citizens to the courthouse and during
the entire trial, the court room was
we'll attended, among the, spectators
being large number OF iadies.
Jury Secured Tuesday
Tuesday was almost entirely taken
up with securing jury, second We
nire of sixty jurors being summoned
for the afternoon, the first venlre OF
sixty being exhausted with only eignt
Jurors n the box. About 400 o'clock
Tuesday afternoon the twelfth juror
was secured and the case was ready
for trial. The jurors in the box were
X. w .Minchew, farmer; +. +. Wyman
mechant, E. P. Keefer, bar6er-lawyer'
w. U. Evans, farmer; H. II. James,
farmer; J. H. Smith, farmer; RoDert
Luke, farmer; James Paulk. Jr,'' Do9k
keeper; O. P. Rogers, farmer. }. u
Young, farmer; Fred Ellington ma
chinist: R. L. Dermott, farmer.
Solicitor Wall Outlines Case
Solicitor general outlined the case
for the state, stating that the state
will nrove that Wilson stole an auto
mobile from Sappington about June
1920, and sold it to parties in Macon
who subsequently swore out warrant
for the arrest of Wilson, who then, &C
companied by his father, made threat
ering advances to Sappington, who
was at that time in his bank in Sc
Vile. that on August %, Wilson shot
and killed Sappington in the postottlce
at Seville.
Col. A. ]. Mcdonald, leading counsel
for the defendant, stated that they
would not ppresent at this time the
line of defense upon which they relied
to prove their client justified in the
taking of the life of the deceased.
Twenty-seven witnesses for the
state and eleven for the defense were
sworn and upon request OF the at
torneys, sequestered.
Paul Ellison, county school commits
soner of Dooley county, was the first
witness who testified to hearing the
shots and subsequently seeing Wilson
come out of the postoffice, where he
found the dead body of Sappington a
few minutes later. Mrs. R. E. Sapping-
ton. widow of the deceased, was called
f, develop evidence for the motive of
the crime by establishing Wilson's
connection with the theft of the car,
which is alleged brought on the ill
feeling between them.
On objection by defendants attor
nev she was not allowed to testify at
this time. ..
L E. Gibbs, former sheriff of Wilcox
county. testified to having had in his
possession the shirt worn at the time
Of. the shooting of Sappington, but
statedt'that the same is not now in his
possession and that it has not been
since December, 1920, and did not
. Aow who ha4 now.
". L. Smith! present sheriff of Will
cox county, also testified as having
., .Lo sb;r+ ~ 1o20 and testified 70