The News and Observer.
VOL. LII. NO. 7.
Leads all Worth GaroMnaßailies in Mews and Circulation
RENDERED RIGHTEOUS VERDICT,
I |
The Jury Declare Wilcox to be Guilty of Murder in the
First Degree.
REACH A DECISION AFTER THIRTY HOURS'
The Sacredness of Woman’s Life in North Carolina
is Protected.
All Nerves Were on the<
Stretch.
Wilcox Alone Seemed Unconcerned
While the Tension at Elizabeth and
Indeed All Over the State Was Ter
rible. The Verdict Was Not Render
ed Until After the Jury Had Re
turned For Further Instiuctions
From the Judge.
(Special to News and Observer.)
Elizabeth City. N. C., March 22.—" Gui
lty of murder in the first degree,” said the
jury of Jim Wilcox. He stood up and
heard his doom fearlessly. His nerve still
did not forsake him. It was 10:10 o’clock.
A short time before a recess had been
held and crowds were gathering about
the court house. There were knots of
nervous men hurrying here and there in
tlie moonlight.
Judge Jones, who had been to District
Attorney Ward’s office, went straight to
wards the building. Mr. Ward started he
other way but soon doubled. The jury
left left heir hotel but did not take
the direct route.
The harsh clanging of the court house
Jc-11 told people some thing was about to
happen.
Several hundred people foilowed Judge
oJnes, who told the sheriff to ask the
jury if they had agreed. The prisoner
was there, hands folded, composed, scan
ning the faqes of the jtyors. Clerk Jen
nings asked if they had agreed. Derick
insen was named as foreman. Wilcox
stood up and held up his right hand.
No man in the building wa.s more
brave than he. I was watchiDg his face
four feet away, as the foreman said the
woids that meant death. Not a muscle
of his face moved- Other people in the
room were nervous. Some cried. Law
yer Aydlett shed tears. It was a solemn
scene there in the yellow glow of the oil
light. The Judge said April 25 was the
time Wilcox should die, between 1»> and
3 o’clock. Sheriff Wilcox looked sad but
was not demonstrative. The doomed
man uttered no word as he sat down
again. The brave bearing throughout
the ordeal did not forsake him at the
end but he sat there like a pale-faced
statue, while lookers on were nervous
and trembled visibly.
No verdict in thirty hours. People
lingered on the streets all day, missed
their meals, made their wives mad, ex
cited their neighbors, said bad words, ex
pressed displeasure at delay, all because
of the Wilcox case.
Early Hours of the Night.
All day and night the natives have
waited on the jury’s verdict, not patient
ly, but anxiously, almost breathlessly.
They couldn’t see why it took them so
long. On the streets, in the stores,
around the offices, in hotel lobbies,
everywhere, nothing was talked of, noth
ing was thought of but the jury’s verdict. ’
And the way some folks disqussed it
would chill the blood of a stoic.
ASK FOR FURTHER INSTRUCTIONS.
About 1 o'clock the jury went back to
the court house to ask further instruc
tions from the judge. It had been said
before the jury would have Judge Jones
come down to their hotel and explain
some things, and it was no surprise when
they filed back into the court room and
sought enlightenment.
One of them asked the court to say
something about first and second degree
murder. The building soon filled.
Judge Jones went over the instructions
and rules already given and printed. He
explained the difference in murder de
grees and told them if there was doubt
it was their duty to give it to the prison
er. Judge Jones cautioned the jury
again about allowing any foreign impres
sions or anything heard or seen beyond
the witnesses. He said if their verdict \
was influenced by passion prejudice or
any public sentiment shown during the
trial they would do violence to their
oaths, they would perjure themselves.
He told the jury to come back as often
as they liked, it was their duty, and
have explained any point not fully under
stood. He cautioned the jurv not to
construe his words to mean that he had
an opinion in the matter, and if they had,
to treat his opinion with contempt, to
find a verdict in accordance with the
facts, the evidence and nothing else.
In releasing the jury he said: “Mr.
officer take these men back. If they
wjsh to walk let them do so, it is a hard
ship to keep them in a room after so!
long confinement, they need exercise.
Go back gentlemen."
The judge repeated that before they
could find Wilcpx guilty they must de
cide that his conduct was not only con
sistent with guilt, hut inconsistent with
innocence.
Some folks thought when the jury went
into the court room they had come to
a conclusion, and there was excitement
for awhile. Wilcox was brought into
court. He sat in a section heretofore
used by reporters and watched with
languid interest. was no emotion,
no sign of feeling or fear.
When it was all over and the jury had
gone, District Attorney Ward rental ked
to Mr. Aydlett: “You don’t want them
to clear him, do you?” Mr. Aydlett re
plied, “I don’t know,’ and passed on.
Mr. Bond, another defease lawyer left
tonight for his home in Edenton without
having heard the verdict.
Mr. Ward, who has labored so hard, so
conscientiously and so ably for the
State’s interest, waited for the finding
with the enthusiasm of a court struck
novice. All day his constituents were
coming to him with congratulations for
the fight he had made. Mr. Aydlett and
others for the defense, were also be
sieged with admirers.
Questioned about the danger of vio
lence, former Sheriff Wilcox, Jim’s
father, said he anticipated no trouble
tonight. He thought the deputies sworn
in could keep orderu and save his son in
case the mob should try to do anything.
Mr. Wilcox is a highly respected citi
zen, and for his conservatism as well as
for his loyalty to his boy, the public
here gives out its sympathy. Mr. Wil
cox, talking about the case with tears
in his eyes. He knew the situation and
deplores it. He realizes Jim’s position.
It is understood that Jim said today
he would rather be hanged than go to
.State’s prison for a long time. The
maximum term here is thirty years.
There is a rumor that Jim had a dream,
and said words about the case in his
sleep, words that showed his feeling. A
negro jail inmate is reported to have
heard them. Wilcox uttered a protest
against people following him between the
jail and the court house. He is carried
to and from without hand-cuffs.
When the verdict is brought in the
judge will, if it is conviction, name the
day of death or the time in State’s
pribon, and then the defense law’yers
have the right to appeal, which they
will. The elder Wilcox will spend his
whole estate before seeing Jim convicted
unjustly.
District Attorney Ward thinks he
knows one man on the jury who is hold
ing out for V\ ilcox, and there may be
others.
Mr. Ward does-not think the two ne
gro jurors count for much. He believes
they Will be swayed by the white men.
People are saying words of sympathy for
the jurors. It is realized they wall be
criticized in any event, and should one
man cause a mistrial it will not be
pleasant for him hereabouts. In no case
of importance has public sentiment been
so much one way. Like before the bar
of heavenly justice all Elizabeth City to-‘
night is waiting for the jury’s words
eagerly, anxiously, nervously, almost
breathlessly. Most of them want the
prisoner punished legally if possible, but
punished. Talk indicates they will see
that he does not go unpunished. This
afternoon the jury took a. walk.
The Afternoon Report.
(Special to News and Observe.)
Elizabeth City, N. C„ Mach 22.—Like
men bifore the bar of celestial justice the
good citizens of Elizabeth City waited
for the verdict. They stood upon the
street corners, they gathered in the
stores and talked about the Wilcox case.
Nothing else was thought of; nothing else
was talked about.
Early this morning there was a street
report that the jury stood 8 to 4 for
hanging, and later it was said they were
10 to 2. A prosecuting lawyer had in- j
formation it was 9 to 3.
Ail over town people were anxious and
there were all sorts of reports. Many
said W ilcox would live longer on a ver
dict ot conviction than if he were freed.
jhe talk has been all along that a leader ;
was lacking, but they were saying today
that several leaders could be had if the
juty did uot do its duty as the people
saw it.
I tried to learn if the common rumors
were true. Jury Officer Pritchard was
seen at the River View Hotel. The jury
was closeted and he was on the veranda.
Mr. Pritchard declared there was no
foundation in any of the rumors. He bad
not heard their debates and did not know
how tho jurors were; nobody else could
know. Tho jury had luncheon about two
o’clock.
Miss Lottie Crojxsey, Nell’s sister, was
out driving about noon. Asked to say
something about the case Lettie said she
did not see how the jury could do any-
RALEIGH. NORTH CAROLINA. SUNDAY MORNING. MARCH 23. 1902.
thing but convict. She knew' that Nell
had ceased to care for Jim some weeks
before the murder. They had been at
outs since about the first of November.
She discussed the case feelingly.
A FAMINE IN COTTON
Facing a Deficiency of 1,000,-
000 Bales in the
Supply.
(Special to News and Observer.)
New York, March 22.—The cotton
market closed tonight at 25 points below
the highest figures reached during the
course of the present bull movement.
The decline has been the result of sell
ing on the part of over-loaded bull op
erators in conjunction with bearish at
tacks made by those whose purpose it is
to profit through the unwisely extended
accounts of weak speculators.
Thus it seems that the decline has
run its course. The following arc the
ccld facts of the situation. Spot cotton
throughout the South is selling above the
equivalent of New York prices, and at
very nearly the highest prices of the
season. Consumption is practically the
largest on record. The reports of -he
♦
FAKE DENIED BY HON. BY WATSON
“1 Have Never Spoken to Judge Clark About the
Senatorship or the Chief Justiceseip, ” He
Declares.
(Special to the New's and Observer.)
Winston-Salem, N. CL, March 22. -Mr.
C. B. Watson was asked today about the
report sent out from Greensboro to the
morning papers wth regard to poltcal
rumors concerning the Chief Justiceship
and Senatorship. Mr. Watson made
this statement: “I have been from
home most of the winter attending pro
fessional duties- There is positively no
ground for such a rumor—if there be
such a rumor —and I do not believe
there is any such rumor, except in the
ears of this nameless correspondent. I
have never been in a political combina
tion and never will be. I never spoke
to Judge Clark about the Chief Justice
ship nor the Senatorship, and if that
gentlemen has any choice among the
gentlemen spoken of for that high office
he has never by word or letter inti
mated the same to me. I have aot seen
Judge Clark but once in a year and
then never spoke to him on the subject
of his candidacy or mine. No letter has
| exhaustion that reached me from the
I South are from people who cannot be un
| truthful, and the prospect of the great
(st cotton famine the world has ever
known is none the less definite, because
! prices have reacted 25 points.
The statistical situation tonight is as
follows: Receipts today are 17.000 bales;
exports are 44,000 bales; net stocks at
the United States ports tonight are 624,-
* 000; stocks at the interior towns are
444,000 bales. The amount of cotton to
come into sight if the crop is 10,000,000
bales is 900,000; total available supply
in America 1,968,000. The minimum re
quired from this supply for American
! and American consumption, to the end
of the season, are 1,600,000. For export
| 1,300,000. Necessary stocks at the end of
the season 150,000: total 3,050,000. With
an American crop of 10,000,000 hales,
| therefore, we are face to face with an
actual deficiency of 1,000,000 bales of cot
ton in the supply. Under these circum
stances there seems to be no reason to
anticipate any further decline in (he
market. I take this method of replying
to the many telegrams that I have re-
I ceived and to advise people who own cot- j
i ton to hold it, and these who aie pre
pared to trade in it to buy it.
THEODORE H. PRICE.
Hanna Entertains the Gridiron Club
(By the Associated Press.)
Washington, March 22.—Senator Hanna
gave a dinner tonight at the Arlington to
he Gridiron Club. The Senator has been
a guest at every Gridiron dinner since
he has been in Washington and th e af
fair tonight was to get the members of
the club together to acknowledge the
“many roasts” that he has received at
their hands, aqd as he says, to “play a
return engagement.” It was attended only
by members of the club who took occa
sion to see that the Senator did not es
cape being placed on the Gridiron even
though he was the host. It was a thor
oughly enjoyable affair, ther bing good
speeches, songs, and several “slits”
which were a surprise to the host. The
Senator received a number of “presenta
tions” each with great formality but with
a vein of saiire and humor which char
acterize Gridiron dinners.
1
SIXTEEN PAGES— SECTION ONE—Pages 1 to 8.
MISS BUNNS IS FREE
The Girl Accused of Murder
ing Walter Brooks is
Discharged.
(By the Associated Press.)
New York, March 22.—Florence Burns,
the young Brooklyn woman who has been
in the custody of the police of this city
i since February 15 under suspicion of
! knowing how Walter Brooks met his
| death, was discharged from custody by
, Justice Mayer tonight.
Brooks, who was a young commission
merchant here, had been keeping com
pany with Florence Burns. He was found
I dead the night of February 11 in a room
at tlie Glen Island Hotel. The gas in
the room wa.s turned on and there was a
bullet wound in the head,
j The District Attorney tried to show that
Florence Burns was likely to have killed
Brooks because he was trying to break
off his association with her. The de
fense advanced the cuiside theory and for
several days Justice Mayer has been ex
amining into the two theories. He finally
decided, when the hearing closed to
night, that nothing had been brought out
sufficient to hold Florence Burns to the
grand jury. After her discharge, she re
turned to her home in Brooklyn.
At the hearing this afternoon Attor
ney Backus, representing he Burns girl,
made his argument, contending there was
not an iota of evidence to show that his
client was eanneeted with the death of
Brooks.
Assistant Attorney Schurman followed
in an argument intended to cast, suspicion
cn the girl, holding that tin re was plen
j ty of circumstantial evidence on which
j to bring he* case to the attention of the
grand jury.
Justice Mayer at once gave his decision
in which he reviewed all the evidence and
held that nothing had been brought out
by the State sufficient for him to hold
passed between himself and myself in
twelve months except as to a matter to
be published in the regimental histories,
i No friend of lii.s has spoken to me <>n
; such a subject, nor have I ever au
- tho'ized any man to speak to him or
I any friend of his on the subject.
Now this is intended as a complete
; denial of the fake. I regret to have to
go into print in this way and had rather
; live in obscurity than be compelled to
jdo so. If the people of North Carolina
should see proper to invest me with the
great office of Senator, I should leceive
; it and appreciate it as a high and di«-
t tinguished honor and at the same time
realize its great responsibilities. If tlie
people prefer another I wll never be
heard to complain. I have never avoided
a duty or responsibility and have never
complained of treatment at the hands of
political associates, but I would not en
ter into a political combination with any
man, or set of men, to secure any place
within the people’s gift.”
the girl for trial in the criminal branch
| of the Supreme court.
Justice Mayer is of the special ses
j yions court and sat as an examining mag
i istrate.
j EARLY REPORT OF PROCEEDINGS.
The hearing in the case of Florence
| Burns, who is accused of the murder of
Walter S. Brooks in the Glen Island
; Hotel, this city, on February 14, was
continued today before Justice Mayer
| in the Court of Special Sessions. Ruth
! Dunn, the young woman on whose ac
j count it is alleged Brooks wished to
break off his relations with Flc ice
Burns, was the first witness today. She
said she .saw Walter Brooks on the 1
j Monday, Tuesday and Wednesday even
ings before his death. This closed her
testiony and at the request of Attorney
i Backus, for the defendant, her evidence
(was stricken from the record.
Mr- Backus, the prisoner's counsel,
moved that-certain statements madejby
his client tc detectives be stricken ft pm
the record because she had not
formed of her rights when the state
ments were made. Assistant District
Attorney Schurman opposed this motion
j but Justice Mayer granted it, saying he
l had searched carefully tor a precedent
J v/here the statement of defendant, when
notified of the charge against him or her,
had been used as evidnece. and he had
failed to find one case.
Justice Mayer said he found no war
rant in law- for the questioning of a pris
oner by a police officer before the pris
oner bad been arraigned before a police
1 magistrate or informed of his rights, j
Mr. Schurman said he hoped the court j
would make it possible to have that
view* thoroughly tested.
“It is going to work tHe greatest in
novation in the system ia voyue,” he
added, “not only in tlm city • J New
York but the entire country. Thou
sands of cases’ have been decided in
court here on statenunii made by pris
oners fa officers before the arraign
ment.”
Justice Mayer said then the system
might have been established by custom,
but as long as there was no warrant for
it in the law custom could have uo
force. The justice also declared that
there was no law permitting a person to
be arrested on .suspicion.
CRIMINAL CASES AT WILSON
Jury finds Langley Killed in Self Defense
Case of Gay and Baffin Undecided.
(Special to News and Observer.)
Wilson, N. C., March 22.—Court has
been in session here during the entire
week. The case against Langley for kill
ing a negro near Wilson during last sum
mer, was tried. The jury brought in a
verdict if slelf-defense. The next case
taken up was that of Will Ruffin for the
killing of Robt. Bullock on December 31st,
1X99. The jury has had the case for two
days, but have not yet been able to reach
a verdict. This is Ruffin’s second trial,
the previous one having resulted in a mis
trial.
The case of George Gay for the killing
of Aycoek a few months ago was taken
up yesterday. All the evidence for both
sides is in and today begin argument
by counsel. It is the plea of the defense
that Gay did the killing in a moment of
insanity. It has been brought out on the
stand that at times he was not himself,
and on several occasions he has had to
leave his work in order to reeoV>r from
these spells. The only eye witness in
the case says he heard no words before
the shooting except that Gay told him,
that is Aycoek, that he had treated hirn
like a damn rascal and that he was going
to kill him. Public opinion in she case
has quieted down considerably.
Court this week has been held in the
new court house. The conveniences of
fered by the new building facilitate to a
great extent the workings of the court.
BITTEN BY MAD CATS.
Three People Attacked. They Leave for Char
lotte For Treatment
(Special to News and Observer.)
Hoffman, N. C , March 22. —There was
much excitement in town this morning,
caused by three run mad cats at the resi
ccnce of Mrs. L. Hartman, on Beach
avenue. Mrs. Hartman and child were
attacked and bitten badly. The cats also
attacked Master Frank Butler, who was
coming up street and bit him on the face.
The parties left for Charlotte immediately
to have the mad stone applied. The cats
were finally killed by Mr. Ballentine.
A VESSEL ON EIRE
A Telegram from Kitty Hawk
States She is Off
Our Coast.
(By the Associated Press.)
Washington, March 22.—Chief of the
Life Saving Service Kimball this morn
ing recived a telegram from Kitty Hawk,
North Carolina, stating that the keeper
of the Oregon Inlet Life Saving Station
reports a vessel on fire about fifteen miles
southeast of tlie ’station. The keeper of
the station further reported that he saw
a steamer pass the station at daylight
this morning and this is believed to be
the vessel that is on fire.
ATHLETICS THE FAD
Tobacco Worehouse Assured. Beaufort’s En
ormous Tobacco Interests.
(Srecial to News and Observer.)
Washington, N, C., March 22. —Boxing
has been resumed as the fad here during
the last few days. The Washington Light
Infantry members give at their armory
almost every night exhibitions of their
skill. Crowds line the ring side every
night and physical sports are enjoyed and
encouraged in the town.
Yesterday I wa.s told that there would
certainly be a tobacco warehouse here
this summer and fail. Most of the stock
is already subscribed. The tobacco in
terests of this county are enormous as
is attested by the fertilizer men. Green
ville warehouses report a large tobacco
trade from this county. This would not
be with warehouses here. Beaufort’s
weight average to the acre was larger
than any other county’s in the State last
year.
The coming of the Philadelphia baseball
team means much for this place. News
paper when, who accompany them, have
arranged for the transmission of ten thou
sand words a day over the wire about
Washington, its advantages and the base
ball. They will be here about fifteen
days. Washington has no baseball team
and it ’is hoped that the coming of this
team will arouse the local enthusiasts.
Mr. H. Susman, of the Susman Furni
ture Company, is preparing to buy five
brick stores on Market street between
Satterthwaite, Willis & Co., and C. M.
Little.
There is a division of feeling about the
Wilcox case here. Some take the view
that he is not guilty, according to the
legal evidence. Great interest is evinced
in the case.
The Atlantic Coast Line is bringing
girders and material here seemingly for
building. Officials here are not inform
ed as to the plans, and nothing can be
learned from the Wilmington division
Lack of room is seripusly felt here.
WARRANTS TO BE BENT NFXT WEEK.
On Monday the State Will Issue the First
Warrants to Needy School Districts
Superintendent of Public Instruction
J. Y. Joyner, said yesterday that the
warrants for the second SIOO,OOO appro
priated by the last Legislature to bring
up the needy school districts to the con
it itutional requirement of a four months’
term would be sent out next week to
those counties which have complied with
the law and have been passed upon fa
vorably. The first of these warrants will j
be sent out on Monday. i *
PRICE FIVE CENTS.
View I) ml THE
ROYS IN LIGHT BLUE
Oxford Again Fails to Pull
With Cambridge.
GAME BUT NEVER IN IT
Cambridge Takes the Fifty-Ninth
Race as She Likes.
NINEIEEN MINUTES, NINE SECONDS
Cambridge Had the Advantage of Station. The
Distance Separating the Boats at the
Finish Nearly Eight Lengths.
Immense Crowds.
(By tlie Associated Press.)
Putney, England, March 22.—The Cam
bridge crew today fulfilled the expecta
tions of the prophets and won the fifty
ninth boat race with Oxford as they liked.
The time was 19 minutes, 9 seconds. At
no time throughout the race did Oxford
in the slightest degree flatter the hopes
of the supporters of the dark blue. Any
possible chance which the Oxoniar
might have had was shattered by t*
result of the toss giving the light bl
(Cambridge) all the advantage of
tion. Immense crowds, as usual tu
out to view the contest and the wea?
though showery, was not so incleme
it had been most of the previous
Cambridge was the first to t*
water, Oxford following after
delay, and both crews padd’
moored skiffs at the starting
start wans delayed owing to t
the tide, making it difficult
boats noses straight. Lieut,
Willan, the umpire, howevet
them away in a capital st
anticipated, the livelier s
light blues gave them the
vantage, and their lead wa
every stroke. By the
Steps were reached, Cam
clear length to the gooc
patent to every one that the>
race in hand, barring accidents,
ley’s somewhat sluggish stroke appt
to be too slow to suit some of the pa.
orful Oxford men behind him. Then
weight would have told, at least in the
earlier part of the race, had they been
given more chance. As it was. each
landmark on the river banks found them
further and further in the rear, and at
Harrod’s Stores their troubles were in
ceased by the wash of their opponents*
boat. Off the Saccharine Works tho
dark blue stroke made his effort and the
Oxford crew struggled gamely but only
for a short distance. Nelson (Cambridge)
difi not quicken his stroke and the gap
was reduced to about a length as the
boats shot under Hammersmith bridge.
The effort took all the steam out of the
Oxonians, their stroke dropped from 37
to 32, and the race was practically over.
Cambridge came right away, pulling
comfortably at an average of 36 strokes
to the minute, and increased her lead
without the slightest effort. Before
reaching Barnes’ Bridge, the dark blues
were in the greatest trouble, while the
light blues amid hearty cheers, paddled
past the ship, at Mortlake, the easiest
winners of the tamest university boat
race in many years.
The official time of the finish was 13
minutes, 9 seconds, and the distance
separating the two boats was officially
given out as being five lengths, but it
was nearly eight lengths.
The spectators, especially the Oxon
ians, were not slow to show their resent
ment at the somewhat rare spectacle of
a university “eight” absolutely rowed
out.
The defeated crew included the Broth
ers Milburn, of Buffalo. This was the
first time on record that two Americans
participated in an Oxford-Cambridgo
boat race.
DEATH UNMASKS A WOMAN.
Supposed to be a Man. Death Occurs Under
Mysterious Circumstances.
(By the Associated Press )
Canindiagua, N- Y., March 22.—A per
on who was known here for five years
is William C. Howard died suddenly
Wednesdayand an autopsy showed that
lie supposed man was a woman. How
ird, who was about 50 years of age and
vho was employed as a farm hand, came
lere five years ago with a woman who
vas known as Mrs. Howard. Two chil-
Iren were bo n to tlie supposed wife.
The dead woman worked for farmers
n the neighborhood and those most in
imately acquainted with the family
lever had the slightest suspicion that
die was not a man. The sause of the
iwman’g death is a mystery. On Wed
nesday right she tock two tablets for a
lire at affection and was dead in ten
ninnies. The medicine was sent from
fVelisville, this State, where relatives
eside. The authorities are completely
nyrlified as to all matters touching
ipon the woman’s life. The do not even
her right name- Two men, claim
ng to be half brothers, attended the
uneral, but refused to divulge any in
ornatton. An inquest is to be held
nd some light may then be thrown
ipon the strange case.
An agreeable man is one who consents
o being taught things which he already
mows.