State v. Wilcox
| Decision Date | 10 June 1903 |
| Citation | 44 S.E. 625,132 N.C. 1120 |
| Parties | STATE v. WILCOX. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Perquimans County; Councill, Judge.
James Wilcox was convicted of murder in the second degree, and appeals. Affirmed.
Defendant may not complain of an instruction as to murder in the first degree, he having been convicted of a lower degree.
E. F Aydlett and W. M. Bond, for appellant.
Robert D. Gilmer, Atty. Gen., for the State.
This was an indictment against the defendant for the murder of Nellie Cropsey. The state introduced testimony tending to show that W. H. Cropsey, the father of the deceased, had been living in Elizabeth City since April, 1898; that at the time of the disappearance of deceased, and for two years prior thereto, his residence was within a short distance of the Pasquotank river; that deceased was at the time of her death 19 years old; that the defendant met her in June, 1898, and began paying her attention, he being a young unmarried man that his attentions were marked by frequent visits--as often as three times a week; that he gave her a number of presents and carried her to ride and sailing and to places of amusement. In September, 1901, defendant and deceased had a "kind of falling out." She was heard to say to him about the middle of September, "If you are going to act like this the rest of the season, you can stay at home." About the 1st of October, 1901, Miss Carrie Cropsey, a cousin of deceased, came from Brooklyn to make a visit to the family. About this time there was a series of religious meetings in Elizabeth City. Defendant frequently went with deceased, and at other times went for her and took her home. She joined the church October 13th. At the time of the fair, October 22d, defendant and deceased were friendly. He gave her tickets for herself, sister, and cousin. They remained friendly until November 7th. Prior to that day he visited her every night, and sometimes in the afternoon. On the night of November 7th he was at the home of the deceased. Her sister and cousin were in the parlor with them. When he left, she said "Pull," which meant "Hurry." She went to the door with him, and came back immediately. He did not take her remark in fun. He visited the house after that. Deceased never spoke to him after that night, nor did he speak to her. She never went to the door with him after that night. She was seen walking with her cousin and defendant once, her cousin being between them. Deceased was to make a visit to New York, intending to leave on Saturday, November 23d. This was known to the defendant. On Tuesday afternoon before her disappearance her cousin came home, and said she was going to the skating rink with the defendant that night. When he came and rang the bell, deceased declined to let him in. The cousin, Carrie, let him in. When the defendant came in and took a seat, he said to deceased, "I guess your corn is getting better." She turned to her sister, Miss Ollie Cropsey, laughed, and said, "A little," in a very low voice. Deceased and her sister were dancing just before defendant came in. Defendant turned to Miss Carrie and said, "I expect it is time you were getting your hat." She went upstairs, leaving Ollie and deceased in the parlor. No words were passed between defendant and deceased. Ollie talked with him. When the defendant and Carrie returned from the rink, deceased was writing a letter. They brought some fruit with them, which they put in another room. Defendant did not speak to deceased. After sitting some time, deceased said: "I certainly would enjoy a good apple to-night." Carrie turned to defendant and said, "How about the fruit?" He said, "It is yours." Carrie handed the fruit. Deceased said, "No, thanks." She would not have any apple. Defendant stayed a little while, took his hat, and left. When he was gone, deceased said: "This is a good joke on Jim." She took an apple and commenced eating it. Defendant left about half past 10 or 11 o'clock. On Wednesday afternoon, November 20, 1901, Carrie and one of the sisters of the deceased went to town, and came back, accompanied by defendant, about half past 5. Defendant indulged in some pleasantry with Ollie. He left in about half an hour. No words passed between him and deceased. He returned about 8, or half past. Carrie let him in. Roy Crawford was at the Cropsey house, visiting Ollie. He was not on good terms with the defendant. Deceased was sitting at table, sewing. She continued sewing until about 9:30 o'clock, when she put her sewing up and got some musical instruments. They had some music. Defendant did not speak to her. "Just sat there gazing at nothing." Had hardly spoken to any one. He finally said Miss Bunett was going to be married. The members of the family began to leave the parlor to retire, until deceased, defendant, Ollie, and Crawford were the only ones left. Defendant asked if there was any water in the pump. Ollie got up to get a glass. He said: He took his watch out six or seven times. At 11 o'clock he looked at it and said: "Your clock is just like my watch." They all stood up. Roy stood by deceased and took hold of her chin, saying, "You are looking mighty sweet to-night." Ollie said, "As if she don't always look so." Defendant rolled up a cigarette and took his hat, saying, "Mamma said I must be in at 11 o'clock to-night." Ollie said, "Jim, you are getting good." He made some slight remark, took his hat from the rocking chair, and started out. When he got in the hall, the door was partly open. He walked out and said, "Nell, can I see you out here a minute?" She looked at her sister, said nothing, and went into the hall with the defendant. She was never seen alive again by her family. This was the first time she had gone to the door with the defendant since November 7th. He had been there every other night. He had taken Carrie and a sister of deceased sailing. Deceased left the door open. Ollie closed it. Roy Crawford remained in the parlor with Ollie some time, and then went out. Ollie went in the front hall with him, and found the two doors open, and the screen door flapping in the wind. She said to Roy: She went upstairs and retired. She felt in the bed for Nell, but she was not there. In a short time Mr. Cropsey, the father, came downstairs. Some time after, Ollie notified her father of Nell's absence. Family got up and began to search for her. It was a very cold, clear, moonlight night. Father, mother, and sisters looked over premises for deceased, and called for her. Could not find her. Before defendant left on the night of November 20th, "the subject of drowning was brought up either by Carrie or defendant." He said: Deceased said: Her hair was in curl papers. She said: "If I die, I would want to freeze to death." The Cropsey residence fronts up the Pasquotank river, Riverside avenue running between the front fence and the river. It is 66 feet from the bottom step to the front gate. The street is 33 feet wide. From the edge of the street to the river shore is 112 feet, making the entire distance from the steps to the river 211 feet. A little to the left of a line from the house to the street is a summerhouse, about 150 feet from the gate, and about 40 or 50 feet to the bank of the river. A little to the left of the summerhouse is a fishhouse, 350 feet, and near by are some cypress trees in the water. Up the street 850 feet is the pier of the Hayman Shipyards. To the end of the pier is about 500 feet, making 1,350 feet from gate to end of the pier. The water at the end of the pier is 10 or 12 feet deep. The Tolley house is 2,500 feet from the Cropsey gate. Witness walked it in 10 minutes. Defendant lives up that street 4,300 feet from the Cropsey house, 1,800 feet from the Ives place. Several measurements of the water near the Cropsey house were taken, showing depth at 10 feet from shore 2 1/2 feet; 35 feet from shore, 3 feet deep; running out to 75 feet, 4 feet deep.
C. T. Parker testified that on the night of November 20th he was at Fletcher's store at about 10 o'clock, and remained there about 10 minutes. That he was driving a horse to a top buggy, traveling about five or six miles an hour, and passed the Cropsey house. That he met a man and woman near the gate of the Cropsey house. Somewhere near there. Might have been about the gate. Did not know exactly. They were medium-sized people. Their faces were turned towards each other. The man was taller than the woman. Witness was right close to them. Was in street, and they were on the sidewalk. They were walking. Does not know the parties. Knows Wilcox. Has known him a long time. It was a bright moonlight night. He took no notice of them. Witness met a man about 50 steps after meeting the man and woman. This man could see the two persons walking the road. There was no crook in the road. Man and woman were talking to each other, he thinks.
Leonard Owens testified that he has known defendant five years. He was on the street the night of November 20th. Was within 15 feet of Ives' house, between Ives' and Tolley's house. About 11:30 o'clock met defendant, who said "Hello, old boy." Witness said, "Hello, Jim." He said, "Where have you been keeping yourself?" Witness said, "I have been coming and going," etc. Asked him to take a cigarette. Said he was making...
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