Charlotte Observer, June 13th
Evidence had been completed and one address made to the jury in the capital trial of Alvin Estis Spurlock, charged with criminal assault upon his 17-year-old sister-in-law, Miss Mary Wallace, when superior court recessed last night until 9 o’clock this morning. The jury is expected to take the case about noon.
Her narrative interrupted several times by sobs, only once or twice audible to the spectators, Mary Wallace, daughter of H.L. Wallace, Cabarrus county farmer, gave her version of the criminal assault alleged to have been committed upon her by Spurlock the night of February 12 in an abandoned house and along the road near the Mountain Island Dam. She clung tenaciously to her story and moved not a whit under the severe cross-examination of counsel for the defense.
The girl was a pupil at Rocky River School in Cabarrus county near the Mecklenburg county line at the time the crime was alleged to have been committed, boarding with Mrs. Flora McCachen and going home each Friday afternoon during the session for week-end visits. she was called from the Rocky River schoolhouse where a party was in progress at night under the impression that her uncle was near death, taken to the old house in an automobile and was violated four times, Miss Wallace testified.
Spurlock’s defense was that it was by arrangement with the prosecuting witness that he took her on the night ride, that their relations prior to that time had been affectionate, that she surrendered herself to him willingly.
Damaging evidence against the prisoner was given by Rural Officers Rogers and Bingham, who testified that he confessed that all the charges against him were true as they were returning to Charlotte with him from Concord, where he surrendered to the police May 11. The defense’s position was that Spurlock did not know the charges against him at the time.
An array of character witnesses appeared for the state, all testifying to the good reputation of Miss Mary Wallace. They were G.L. Simpson, superintendent of the Rock River School; Hugh Alexander, teacher at the Jackson Training school and former teacher at the Rocky River school; Albert Alexander, N.H. Smith, L.V. Spear, E.A. Morrison, W.M. Morrison, W.M. Flowe, Eugene Teeter, J.W. Miller, E.W. Flowers and Ed. Harris, of the Harrisburg community and neighbors of the Wallace family, Eugene Teeter of Robinson church, Rev. T.N. Spence, pastor of Rocky River church; Rev. J.C. Hardin, supply pastor of Robinson church; Mrs. McCachren of Rocky River.
During the trial the wife of the defendant and his mother, Mrs. A.L. Spurlock of Nashville, Tenn., just sat behind him. A short distance away the father and brothers of Miss Wallace sat with her behind the solicitor and Mr. Newell. Spurlock sat with eyes glued to the face of the prosecuting witness as she gave testimony against him.
The story of the alleged assault as told by Miss Wallace was, in substance:
Spurlock enticed her from the schoolhouse about 9:30 o’clock at night with the information that her uncle William was dying at his son’s home west of Charlotte and that her father had sent for her. She hesitated about going with him but finally consented and go tinto the automobile he had hired at Charlotte. They passed through this city and continued out Rozzell Ferry road, taking a dirt road several miles out of the city. The machine became stuck in a mud hole and Spurlock told the girl they would have to walk the remainder of the way. A mile down the road they came to the abandoned house and he forced her to enter it, where he assaulted her. Shortly afterwards they returned to the car and he assaulted her twice more. He built a fire and she descended from the machine to warm herself. When day came, he took her to the home of Cebe Sellers in the neighborhood, leaving her at the gate. Someone telephoned her father, who went to take her home.
In cross-examining the girl, the defendant’s attorneys tried in vain to get her to admit that her relations with Spurlock had been too friendly and that he had hugged and kissed her at his home on North Caldwell street and in her own home.
Spurlock, who said he was 27 years old and that he was born in Jackson county, Tennessee, testified that he came to North Carolina late in 1921 from service in the navy and that he married Miss Ada Wallace in March, 1922. While they were living in Charlote, Miss Mary Wallace came to help his wife, who had just undergone an operation, and his advances toward her were not resisted, he declared, saying that this friendship continued after they moved to the Wallace home. He arranged with the girl the week-end before to take her on an automobile trip the following week with immorality as its purpose, he testified, saying that she framed the story of going to see here sick uncle as an alibi if she were caught and that at the old house she did not resist him.
The defendant was severely handled upon cross-examination. He admitted that he was known in Suth Carolina as Wade and that he was known in Cabarrus County at White until he was married. He also admitted selling his wife’s furniture and quilts and that Mr. Wallace had to pay a $60 note endorsed for him.
Mrs. Spurlock, the wife, told of seeing her husband and sister engaging in a scuffle at their house, but that she took it as a joke. After the alleged assault her sister told her she did not wish to see the man prosecuted, Mrs. Spurlock said.
Expert testimony was given by Dr. C.M. Strong of Charlotte, who examined the girl at the Charlotte sanatorium.
Reece Plummer of Concord told how Spurlock came to him a month ago, asking to be driven to the Wallace home to see his wife and child, saying he would then surrender to the police. W.E. Philemon, Concord policeman, said that Spurlock surrendered on the night of May 10.
L.A. Crawford told of seeing Spurlock and the girl around the fire in the woods and that he offered to assist him in getting the car from the mud. Rural Officer Dodgen testified that the girl told him the defendant had not threatened her. The father was the last witness examined, telling how he found his daughter at the Sellers’ home and of her story to him.
From page 2 of the Concord Daily Tribune, Friday, June 13, 1924
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