The Wilmington morning star., 1947-11-22
BRUNSWICK NEGRO
TO BE TRIED AGAIN
'Scooper' To Face Jury
For Second Time On
Murder Charge

gaw. said last night he plans to
try Leon (Scooper) Cause, Bruins
wick county Negro, for murder,
/ in the fatal shotgun Staying of
H. J. Williamson, Cause Landing
white man, on Saturday night,
FEBRUARY %, 1916.
Scooper was convicted of first
degree murder in the New Han
over Superior court June Grim
inal term, 1916, and Judge r.
Hunt Parker signed the judge
ment ordering that Scooper be
put to death Friday, August is.
Attorney Joseph j. Ruark Of
the Lumberton legal firm of
Vavser, Nc Intyre, and Henry,
successfully appealed the verdict
to the State Supreme court which
in the fall term of 1946 found
error in the proceeding of
Scooper's trial and ordered new
trial.
On Feb. /, 1s47, Judge John j.
Burney ordered Cause to be sent
to the State hospital for the in
sane at Goldsboro for an exam
ination. and observation of his
mental condition. The state had
contended at the trial that Cause
was sane, and the defense had
pleaded insanity, one doctor for
the defense testifying that in his
opinion Scooper was an inbecile.
Cause was released from the
mental institution at Goldsboro
and returned to the custody OF
Sheriff Porter Davis on Novem-
ber II. Solicitor Moore said the
superintende.-t of the hospital
concluded after observing Cause
that the Negro had the mentality
of an eight year old child, but
that he knew right from wrong.
$50 we are going to try him at
the January term of criminal
court" Moore stated.
On the afternoon of the day
of the fatal shooting before sun
down, Scooper Cause and Luther
Cause (no relation to Scooper)
passed by on the road seven
yards from the steps of William
sons house. Williamson upbraid-
ed Scooper for cursing and an
alteration enSued, according to
testimony at Scooper's trial.
Williamson, a 235-pound husky
and robust man, knocked
Scooper down and Scooper came
up with knife.
Testimony at the trial revealed
that then Williamson seized the
shot gun he had just laid on his
front porch after hunting rab-
bits and fired twice behind
Scooper, wounding him in both
hands.
Scooper was reported to have
gone off to neighboring house
and unsuccessfully tried to req
uisition a gun. A confession al
legged to have been made by
Scooper was introduced in the
trial by the state. According to
the confession Scooper admitted
he obtained a IL gauge shot gun
and returned to Williamson's
home after dark.
looked through the window
and saw Mr.. Williamson sitting
in the room," Scooper's confess
ion is alleged to have said. II
knew it was him and aimed at
him along about the shoulder
and shot him."
The appeal from the verdict
charged Judge Parker erred
when he instructed the jury the
only verdict they could return
was guilty of first degree murder
as charged in the bill of indict-
ment, or not guilty" The supreme
court held the jury should have
been charged that if they SO
found the facts, they might bring
in a verdict of guilty of second
degree murder.
The difference of opinion was
on what constituted lying in
wait, which if found to be a fact
would have made the act first
degree murder. Judge Parker
charged the jury that there was
no evidence in the case to SUP.
port verdict of second degree
murder or manslaughter.