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- * ; > <?*? ' ' . ' < ' .* &'. ? < .: ' ' ' ./?. . ; . - . . . Vj. . \ - 4 i : ' r" ' ' \ ? ; , .ss. | 25tsptrtrlt-3Mpxvts | . ?? ' 1 ??' VOLUME NO. 51 LEXINGTON, SOUTH CAROLINA, WEDNESDAY, SEPTEMBER 14, 1921. NUMBER 47. K1RBY, GAPPI TO BE EI S. J. lvirby. Jesse Gappins and C. ' O. Fox were Tuesday declared guilty of the murder of William Brazell, Columbia transfer driver, and were sentenced by Judge Thomas S. .Seuse ' to death by electrocution between the hours of 10 a. m. and 2 p. m., on 1 ! Friday, October 21. As the solemn < ti'ords which tore from the breasts of . the . condemned men the last ray ot ' hope, if any had lingered with them, I ' were pronounced by Judge Sease not' . one of the trio moved a muscle to all appearances. Throughout the trial Oappins and Kirby had manifested a little nervousness but each of them \ ... 1 when the verdict was read in open court and when sentence was pronounced received the news with the stoicism of Indians. Fox never evidenced the slightest emotion throughout the whole trial. With a calmness born of courage or induced by an almost inhuman calousness to the . finer feelings of humanity he related ac length the horrible details of the crime, denying at no time his own part and attempting no paliation for himself. He It was who struck the boy over the head with a blackjack. He it was who stabbed him with the , knife which produced death?not once but several times, once while lie was standing and once while he was down, pinioned by the arms of Kirby .anu viappins. ma'aicss ul uie tai* I nest pleas oL' the defenseless lad for \ his life, he\ jabbed the knife into his quivering: flesh and inflicted the inortal wound. In reply to a question by Solicitor C'allison he said that he j never realized that lie had killed the boy and did not now realize it. To . hint it seemed that perhaps Kirby, ' who choked him and who', when the i fatal wounds had been dealt, rode with the dying boy in the back of the car alone, might have done the "fectttftl kitHrig. As Kox told his story a wave of revulsion and horror swept over tiie court room. Even the faint hum of noise which usually pervades a court room was hushed and listeners stood aghast at the gruesome recital of one of the most brutal crimes that has ever darkened the annals of the state. Many who heard the testimony throughout the trial of the three men felt convinced that Box was the only one of the trio who told ; "the truth, the whole truth and nothing but the truth." Both Kirby and Gappins had attemped to show their 1 own part in the crime in the most ' favorable light, Gappins trybig to ' make the jury believe that he not ' only did not know when they left 1 Columbia that they intended to steal the car which Brazed was driving ' but that he thrice refused to strike 1 the 'boy sit Kirby's dentsind stud even pleaded with the other murderers to 1 spare the boy's life. Fox confirmed ' his statement that lie had refused to ' use the blackjack but otherwise he 1 implicated Gappins in the plot to!' steal the car and said that Gappins! 1 held one hand of the boy while Fox ' did the cutting. Kirby never admit- Is ted choking the boy but said lie only.* laid one hand lightly upon his arm. 1 Statfc" Constable Burly also testified J that Gappins had confessed to him 1 that he had held Brazell's arm. s The case against Kirby was tried 1 first, the jury returning a verdict in ' just 3*> minutes, while the jury which 1 tried Fox and Gappins remained out 5 10 minutes. When asked if they had 1 anything to say why the sentence of i death should not be asked upon 1 them Fox and Kirby were silent but! Gappins said lie did not think he had i i received Justice. * i i ltelatii< > l'rocnt. ' t Throughout the trial of the three: 1 men the court room was crowded. J I Among the spectators present werr'< relatives of both the murdered boy! i * and of his three murderers. During ; a short recess Tuesday Gappins' < mother and sister came up to him 1 and caressed him but they were led) * away by State Constable Berley. When the verdict against Kirby was ; read bis wife, wlio with her little .* daughter were in the court room, i broke clown unci sobbed. She also < had another breakdown when th< sentence of death was passed. Fox's* father, J. S. Fox, a retired < merchant of Stanley Creek, X. C., 1 was also an interested spectator. < though he absented himself during t his son's testimony. Mr. Fox h: s : mm fox ' .EClKofeTED been in Lexington since Saturday und bns made a splendid impression on ill with whom he came in contact. Realizing the enormity of his son's crime, he made no attempt to save bis life, but came, as he said, only to console his son and help to prepare him to meet his God. Mr. For. looked up Mr. Brazell, father of the murdered boy and expressed his deep sympathy. Within u short while after sentence had been passed upon the three men they were taken from the court room under a strong guard, armed with riot guns and whisked to the state penitentiary in Columbia,, where they will remain until the day 011 which they will pay the supreme penalty for their crime. As the procession passed through the lower corridor of the court room Fox's father said to his son, "I will see you tomorrow." Just as the last procession of guards was filing down the rear stairs of the courthouse, a bystander, of whom there were about four standing In the corridor, evidently believing they had all passed, and seemingly intending to get to the door to catch a glimpse of the men, attempted to close in on the party. He was immediately brushed aside by one of the party of guards, who evidently feared that trouble was about to start. Other than this incident there was no untoward incident or any evidence of any intention at mob violence, though rumors were rife that in event the death sentence were not passed upon all three men an attempt would lie made to lynch them. The prisoners, however, were adequately guarded and it "would have been serious and bloody work to have attempted anything of the kind. At the conclusion of the trial Mrs. I'ox approached Mr. Martin, who had represented iter husband by appointment. and tried to have him commence proceedings looking to commuting his sentence to life imprisonment on the ground that he was mentally irresponsible. She claimed that ho wore a silver plate in his skull. Mr. Martin referred her to the governor. Trial IJcgins. In a court room crowded almost to j lUl'focation and with a temperature way above the average for September the trial of S. J. Kirby, Jesse Cappitis mid C .O. Fox was begun Monday afternon. At the morning session ol the court the men had been arraigned, counsel appointed for them severally, the grand jury early, in the proceedings bringing in a true hill. At 3 o'clock Monday morning the three prisoners. against whom threats of lynching had been made at the time of the commission of the crime August Si, Acre taken from the state penitentiary it Columbia and brought to Lexington. where they were placed in the ;-ourt house. Four automobiles, con tabling besides tne prisoners State Constables Berly, Smyrl. Eichelbergcr ind Poppenheitn, J. D. Dunnntvay, md Detectives Shorter, Carter, Broom ind Allen of the Columbia force and Policemen Knox of the "Columbia mill village, rolled into Lexington ibout 3f. minutes after the party left the state penitentiary and the prisoners were placed in the court house tt once At the close of the day's session Monday, under the same guard, heavily armed with repeating rifles, the men were returned to the penitentiary. One of the largest crowds ever seen in Lexington began to gather early in the morning of Monday and by the :ime the court was opened the crowd had become so large that half of them could not get entrance to the a urt room, though within a few minutes after the dors were opened every tvnilable seat had been taken and the surging crowd of spectators had overrun the aisle and taken every *eat within the bar of the court I .Judge Sease ordered that beginning ifler the d hitler recess no more persons wonU1 be allowed in the court room than could he comfortably seatmi and that the aisle l>e kept clear. I'll is order was strictly enforced. Judge Sense took occasion during his barge to the grand jury to say that ie had been connected with the courts >f this state for 2."i years and in that inn no disorder had ever occurred mil that :r.:\ \ ould take place in GUILTY. ! OCTOBER 21! j this trial. In a moat emphatic manner he said that no disorder would be, tolerated. There was no disorder. Among tho interested persons pros cut in nie t'uul l l uuiil were cue raouier, father, alster and other relatives of Wm. Brazell, the young Columbia taxi driver, who was, done to death ; with a blackjack and a knife on the Augusta road by the three men. Kirby's wife and daughter. Gappins' mother and sister and Fox's father and step-mother were also present. Gappins' wife was present part of the time but was not seen towards the last. Ilawyers Appointed. Each of the three defendants upon arraignment announced his inability to secure counsel and Judge Sease thereupon appointed A. D. Martin to represent Kirby, McKendree Barr to represent Fox and T. C. Sturkie to represent Gappins. Immediately after arraignment the three prisoners retired with their attorneys for a conference. Under the law they were entitled to three days in which to prepare their case, but after consultation it was announced soon after dinner recess that they were ready, and the trial was immediately entered i into. Solicitor Callison requested that the men be tried separately and Kirby was fust placed on trial. Kirby Jury Selected. Just IT minutes .were consumed in the selection of the jury, not a single man being stood aside by either the prosecution or defense. The jurymen were placed on their voir' dire, all hut three of them saying that they had either formed or- expressed an opinion in the ease. They were unanimous in saying that the opinion they had formed would not prevent them from giving both the State and the defense a fair and impartial trial. Tlu follownig TicTecl aVtlic jury: John S. Addy, foreman. Homer Woods, Moses K. Kneeee, Jesse Ji. Sox. \Vinstead Harmon, Alt' Wingard, Simpson Spires, Archie I,. Sox. .) . M . Oswald, Killian Oxner. <1. J. ilouknight. Jacob H. Buudriek. i Witnesses Testify. When court adjourned about (> o'-1 clock Monday afternoon six witnesses j had been examined and Kirby him-1 self was on the stand. Clyde Hester of Columbia, owner of I the Cadillac car which young Brazell | was driving at the time of his death, testitied that he had last seen Brassell ulive on the afternoon of the Sunday on which the tragedy occurred. He ,1 i??. |/| Viivilt n I1V. II U1U UUU V UL llll" I boy was found near Leesville. The! ear which liad been abandoned by the three murderers was returned to him by Sheriff Plunkett of Richmond county. CSeorgia, and was bloodstained. Dr. D. M. ITosson testified as to the j nature of the wounds, saying there! were several bruises on the front of tile boy's head, apparently made by t some blunt instrument, which might | have produced concussion of the' brain. There were several cuts on j bis hand rt nthree stab wounds, the one which produced death being that j which penetrated the boy's lung, pro- I ducing a copious hemorrage from, which death must have resulted in a few minutes. This wound had the appearance of having not onlv been a i i stah wound but indicated that the! knife must have been worked in it! r after the blade had penetrated. \V. 15. Roberts, chief mechanic on1 the Richmond county, <Sa.. roads, wasj me iMM witness. l ie also acts at times I as a^Riiard on the clutingunR. On I Monday, August s, lie encountered Kirbv, Fox and Cappins, who tohl | , i iiini they had tire ^rouble and wished to know wliefc they could obtain a tire of a certain size. He told tliem that it was improbable they could Inutile to tind a tire of that size at Waynesboro, toward which they were] headed, but thought Augusta was tlie nearest town at which they would find it. One of them had mentioned that he wanted to telegraph for money. The men went on. About (Continued on I'nge Five.) CRIMINAL COURT GRINDING AWAY Court of general sessions opened promptly Monday morning with < Judge Thomas S. Sease of Spartan- ( burg presiding. O. B. Anderson' of i Edgefield, the efficient and abliging i stenographer of the circuit, was on < hand, and Solicitor Cnllison was at t his post of duty. Ill his charge to the grand jury j Judge Sease scored the petit juries . for failure to do their duty and was particularly strong in his condemnation of the lynching of Will Allen at Chnpin recently. "There may be men in <his court room who took part in ( t*he lynching of Will Allen recently at 'Chupin. If so I want to say to them that they are guilty of murder ?ipurder just as foul, just as heinous as ,was the crime of Will Allen in , kilting Mr. Frick. If there is any dif-/ ference. the latter was a more cow- . urdly act." said Judge Sease with emphasis. Emphasizing the duty of the juryman, he said that the constitution and laws under which we live are made by the people. If the people are not satisfied with t^cm ( they should change them; thy had no right to take the law into their own own hands. If the juries who cahie from the people, would be ni6re steadfast in their duty and hold more sacred their oath of ofliee then? would be a lessening of crime. When court adjourned for the day Wednesday considerable progress had been made towards clearing the docket. Monday and Tuesday were consumed largely in the trial- of the cases against Fox, Gappins, and Kirby and the swearing of witnesses to appear before the grand jury. Several pleas of guilty had been entered and seni........ ?..uu..n -- I ? ?.?-* v?. I Cast's Disposed Of. At the time of adjournment Wed- ; nesday afternoon the following cases disposed of ill addition to that* against Fox, Oappins and Kirby: Huyler Harris, housebreaking in the night with intent to steal, pleaded guilty: six years in reformatory. Norman W. Tucker, a resident of California and a former soldier at Camp Jackson, entered a plea of guilty of assault and battery of a high and aggravated nature and was sentenced to serve three months or pay a fine of $ 1 F?0. Jack Jenkins, negro, pleaded guilty of car breaking and larceny, and was sentenced to six months 'Aunis Hurgess pleaded guilty of housebreaking and larceny and wsis sentenced to nine months. .las. Jackson, Chas. Evans and Oliver Wisingor pleaded guilty of trans- < porting whiskey and were sentenced to four months or $400. Henry "Miller and Charlie "Williams were tried on the same charge, found guilty and sentenced to a fine of $000 or six months. All of the parties arc negroes. Coo. Harris, negro. was found guilty of violation of the dispensary law. Sentence had not been passed when court adjourned. ' Davis Kelly, negro, pleaed guiltv " 1 io carbreaking and larceny and was sentenced to 5 months. Xo Bill in Huriuon-Ashlll Case. The grand jury brought in no bill in tlu- cases against Rural Policeman Asbitl and Dr. Rice B. Harmon, which grew out of the incident which happened on the Augusta road on the afternoon of the Fourth of July. sf.\ti:nci:d to six yi.akn FOR IIOtSFBRRAKIXO IN XKillT Huyler Harris. 1J-year-old negro boy, pleaded guilty in court Monday to a charge of housebreaking in the night time with intent to steal. A jury was drawn and the judge directed a verdict of. guilty with a recommendation to mvrcy. He was sentenced to six years in the reformatory for negro boys. Harris was found under a bed in the house of <1. \V. Ashill of l.eesvilte. It.WVlj CASK l'KOIJ\m,V : C(VMK TO THIAI. I ItlDAY The- ca5f auainst Killian Itnwl, ' t'hai'Kcd with assault with intent to ravish and assault and battery of n 1 high and attKravated nature. will prohahl.x toipe to trial Friday. A true i hill has Item found attains) the do- i fondant l>y I he itrainl jury. ! rOWN TO HAVE POTATO HOUSE A .meeting of the Sweet Potato Growers' Association was held in the . ourt house last Friday afternoon, at vhich time it was decided to proceed mmediately with the building of a I luring house, to be completed in time j :o receive this year's crop. The committee appointed at a pre- ( t'ious meeting to select a site for the I louse reported that a suitable lot had been secured near the depot of sufficient size to meet the present needs, tnd it was understood that additional ?round could be had if it was found lecessary to enlarge the building at some future time. A building committee was appointed to let the contract for the erection if the curing house and to secure the j services of an authority on potato I souses from Clemson College to supervise the work. The house will be built according to specifications furlished by Clemson" college. It is proposed to erect a building arge enough to accommodate some:hing over 5,000 bushels of potatoes, .vhich it is thought will be sufficient Tor the present, and the house will be constructed in a way that additions can be made nt any time if larger quarters are needed. A committee of three, cousistlng Messrs. J. A. Barre, John T. Sox, ind Ira M. Sligh, was appointed to collect money for the stock pledges ugncd sometime ago. and to secure idditional pledges for stock. The issoeiation instructed this committee to collect this money by September JO. so that the building committee kvill have funds available when t'.e contract is lot for the house. All those subscribing for stock in the associalion will please take note of this and L?e ready for the committee when it :alls. " MISS SUSAN RQOl' GOES TO BOSTON TO ENTER - MX'SJIC CONSERVATORY Miss Mary Susan Roof, daughter of Mr. and Mrs. K. B. Hoof, left yesterday for Boston, where she goes to inter the New England Conservatory 3f Music. Miss Roof is a graduate of Colter College. Hartsville, jyid after completing the regular course at that institution, she did post-graduate and instruction work there. Miss Roof is i pianist of marked ability, and has thus far made unusual progress in he world of music. Her many friends trill watch her future course with groat interest, and all of them wish for her a successful year at the great Conservatory in Boston. _ i COMMUNITY FAIR AND BARBECUE AT STAR SCHOOL The ladies School Improvement League of Star school district No. 10, ivill give a Community Fair and a Barbecue at the school ,hou)ge on Thursday, September 112, 1021. Sev ^rnl prominent speakers have con<ented to be present and make speeches; among these speakers being Hon. Cole L. Blease. There will also be several games of good baseball played on the grounds during he day. The public is cordially incited to be present. 2t-c I'LEASANT HILL DOTS It seems as Dan Supid has made a ,-isit in this community. Mr. Crawford raylor and Miss Eva Anderson were married Sunday evening at 3 o'clock by the Rev. J. E. Steel of Lexington. Mrs. .1. D. Taylor is on a 2 weeks cisit with Iter daughter, Mrs. Dr. Ertest Mailman. They are all smiles; it's i girl. Mr. Claude Taylor and faivdly and mother, Carl and his family, visited heir sister, Mrs. Dr. Ernest Hallman. Ha! Ha! Mr. .Tames Million, better mown as I'ncle Jim, and Mrs. Mary l lrillv SJnn/lfiv w.. ^ ^ "X,V . 'VX? ^ . ?t V XX't, | rratulate this couple. Mr. and Mrs. Z. Taylor spent Saturday night with their daughter, Mr. and Mrs. .Imlson Cook. Mr. On pus Burnett is all smiles; it's i hoy. Mr. and Mrs. Hat ley Taylor visited their father and brother. Mr. and Mrs. W. I '. Taylor Sunday. Mr. and Mrs. Marion Derrick and son. .1. (\. visite.l their father, Mr. Simpson Tiyior S' -:! .; viTht. A GRAND JURY URGES TRIAL. CONTINUED CASES GRAND JURY MAKES SPECIAL PRESENTMENT URGING THAT CONTINUED CASES BE TRIED AT THIS TERM. There was a slight ripple in court Monday morning when the grand jury brought in a special presentment urging the presiding Judge to-exnedlte all cases and especially such cases <ta had been continued from former courts. The presentment was as follows: ' t "Lexington. S. C.t Sept. 12, 1921. "To the Court of General Sessions of Lexington County, now in session: "We, thq Grand Jury of Lexington County, respectfully submit the following recommendation to the Court: "That it use every effort available to expedite all cases up for consideration at this term of court. This seems to us necessary to better protect society and to decrease lawfessness in the county. "We respectively wish this to apply ... in cases heretofore continued. In our opinion this will go far in maintaining due respect for our courts anh in preventing mob violence. "Respectively submitted. "J. H. ROBERTS. 41 T?nrnni o n * ' In commenting upon the' presentment, Judge Sease. with some feeling, said that courts over which he presided had always been noted for the dispatch with which business had been handled and this would be the case at this term of court and no presentment from the grand jury was necessary to insure this. As to continuances, if there was merit in such questions he would grant continuances, the grand jury to the contrary notwithstanding. , Immediately after the dinner recess Judge Sease again addressed the grand jury, stating that upon deliberation he felt sure the, grand itrry ?intended no reflection upon him and had he read carefully the special presentment he would not hav spoken as he did. J. H. Roberts, foreman, grand jury, responded that he was glad his honor had correctly interpreted the sentiment of the grand jury. With these statements the incident was closed. EFFORT MADE TO CONTINUE CASE AGAINST KELLY AND GOFF Cole I,. Blease, counsel for "Newt" Kelly and Frank Goflf. charged with the murder of David Shull in New Brook land last December. Mondav morning moved for a continuance of the cuae against the defendants. The ground on which the continuance was asked was that .Col. J. B. Wingard, whom Gov. Blease said was the leading counsel in the case, was ill and would not he able to appear at this term of court. He also stated that by reason of crime conditions prevailing at this time it would be prejudicial to try the defendants who. he believed to have a really meritorious defense. Judge Sense said he would take the matter under advisement and assured counsel that the case would not l>e tried before Tuesday of next week, at which time further argument may be had on the motion for continuance. MAY CONTINUE SWYGERT CASE ACCOUNT ILLNESS OF DEFENDANT'S BROTHER George Bell Timmerman, of counsel for the defense, Wednesday afternoon made a motion for a continuance,of the case against Job Swygert, indicted for murder, on the ground that Mr. Swygert's brother was very ill, his recovery being doubtful. Judge Sease took the matter under consiilration to await the result of the sick man's illness. Should he be sufflcidtiily recovered before court adjourns the ease will be brought to trial. COOK CASK LIKELY COME TO TRIAL THURSDAY > The case against Julia Cook, Snra'i Minnie Cook. Henry Wheeler a*nd James Barfleld. neeusecl of the murder of Marcellus Cook, will in all probability begin tomorrow. Upon arraignment the defendants stated that they had secured no attorneys and Col. O. T. Graham, Cyrus L. Sheriy, E.I,. Asbill and J. b. Car."!! v e appointed to conduct their care.