University of South Carolina Libraries
KIRBY NOW ON TRIAL ON MURDER CHARGE DEFENDANT ADMITS PART IN j KILLING Fox end Gapplns Will Face Jury Simultaneously Later?True Biils Returned ? The State. Lexington, Sept.. 12.?S. J. Kirby,'. the first ct the trio of allege:! slayers; of William Brazeli, Columbia taxi driver, to go cn trial today, charged wit* murder, taking the stand in his own defense late this afternoon,; amended his previous confessions to abandon his hitherto stoutly main-; tamed rcle ot a lorced and unwilling1 accessory to crime, by admitting' that he had assisted Jesse Gappins in holding young Brazell while C. O. Fox calmly proceeded to stnb the taxi driver to death. Kirby also admitted that he, with Gappins and Fox, planned the details of the automobile rob-,! bevy, which culminated ir. the killing,1 several days :before the murder night,! intending, however, he said, only to .V>nQt rVi.0 nilitv. tie, him beside the read and then make? good their escape in tne stclen car.; The blackjack, bicker, over -ur.g:' Brazell's head by Fox, was beat-hi: by Kirby the Thursday before the Mon-1 day morning when the crime was com-; mitted, he testified. Kirby exclainu d dramatically to Vir> iii-k'TT of nr><? rtnint in VltS 9,torV. ' iu;c j uij( u v v*?\- j.v/.ii v ... 7 |r | i "Gentlemen, I've got to die for this and I'm celling the truth. There's only ^ne wish I want io make before; I go and that is that God will take care of my wife and baby." Kirby admitted on the stand that he had not been able to work for over a year and had therefore been able to contribute but little to the support of his wife and 11 year eld daughter. His only defense as outlined in his j previous -stories, told in Augusta, at Leesville and in Columbia, was mat he was forced into hiring the automobile, was ignorant of the real purk poses of Fox and Gappins, and that: if1- he was forced to continue with the men in their trip to Georgia after the' I crime had been committed'?and I through all the days intervening be-! B tween his arrest and the trial Kirby H has maintained that he took no active I . part in the killing, watching the beat-; S ir,o> -and cfnV.'hirio' from the back seat i of the automobile. | Kirby Stil! on Stand Kirby was still on the stand when i court was adjourned at about 5:?)j o'clock, Solicitor T. C. Callison to be-1 gin his crbss examination of the pris-j onet tomorrow morning at 9:30 o'clock, when the trial will .be returned. With the conclusion of KirKtt'c tp^fimor.v the defense will prcb ("J " ~ ^ &'bly rest, the case going to the jury following short addressee by Solicitor " C^lliscn and A. D. Martin, court ap.pointed counsel for Khlby, and the judge's charge. Jesse Gappins and G. 0. Fox, also accused with Kirby of the murder of young Brazell, wiH be tried simultaneously, their case coming up immediate';, after a verdict? IjiaS yttr.ii ici'Ux :icu ..... Kir.by took the stand late ir> the afternoon just after the state had rested its case., Jesse Cfcppins, co-defendant with Kirby and Fox, being the witnesses for the prosecution. I Gappins took the stand voluntarily and contradicted Kirby's original story in essential detaiis. Kir.by, Gap-' pins said, was the only member of the I-trib who "had any idea of stealing the; car. Kii-by, he swore, met and invit-j ; . ed them to make a trip to "get seme | i girls at a house near Lexington," in-, k I ^ "vited Fox and Gappins to joi i him in, a trip for this purpose. He also tea-) F. tified that Kirby. instead of asking Fox "to spare young Brazell's life,; ' three times attempted to persuade I him to take the V.aelnack n.!;d hit the I Oliver ever ihe he^J. Kirby, he said,' instead of sitting idly ,by watching the, ether two men N'l yean? Brazell, was the first cf th-_- iv'.y to ivv,ab f"o driver, choking Braz'.7' v.hi v \ hit; the boy. He svfore'that Kirby instead ' *?f being threatened by Fox and Gap- ! pins, threatened his two companions.: The blackjack, Gappir.s also testified, Was bought by Kirby and was given to , Gappin? the Thuisday 'before the: crime was committeed and was later' Oappins Laid, given by him to Fox, vho, "he thought*' hud the weapon in 'his pocket the night of the killing, f Would Save Self Gappir.3 swore that he and Fox ; I (were :50 th m '.sled by Klnby into be-! Sieving: that trie three of them were-' to go to a poir.t about a mile am! aj Jialf teyor.d' Lexington, wheiv they | were to get some girls, and bving them back to town. Kirby, he saiu,j ^ired thf automobile and picked up I Fox and himself at the Seaboard station, where they had gone, he clainto find out the schedule of the!, jDamden train. Just cn the Augusta < feide cf Lexington Kirby, according to 1 pappins' testimony, got out cf the1; ^^^isar and approached Capping, II i n the hell out of Braxell." Cappir.s el aim:-:' he refused to oh^y Kitty's order-;,: saying that suih a ihir.g woul.i "got them all :n trouble." "Damn trouble," Kiiby is alleged to have re-' plied. "They knew me well at u'.ol penitentiary. I was sent up for life and got out of that and I reckon that }*]] get cut of this.'' Twice again Kirby stopped the car, Gappins said, ar-il twice again this conversation was repeatt *<!. At the scene of the killing Fox had the <ar stopped, Gappins tcsLiiied, and while Kirby held the driver, choking: him with his one arm, Fox! hit him with the blackjack, three or four times, finally bulling: the leather jacket that held the "lead.'' Gappins sot out of the car, he said, while Fox went around the back of the car, Kir-: by in the meantime holding' to the wounded man. Kirby released his j hold on the boy's neck somewhat., Gap-pin? testified, and the boy be^an; pleading for his life, "I'm dyinay' he said. To which Gappins said Kirby: answered, "Yes, damn you, you will be dying when I ?et thiousrh with J you." Fox then stabbed Brazcll. ai-: cording to (Gappins, and Kirby jump-; ed on the driver as no fell to thai ground. Gappins admitted that he; "touched" Brazell's arm while the1 cutting was being dene. Blame on Kirby Under Kirby's orders, Gappins said,' he then got into the car and drove1 off afier ais:s.tinp:.Fox and Kirby in i placing the body in the car and later in hiding it in the woods. Later on during the drive Gappins said he became somewhat flightened at what they had done. This, he testified, was noticed by Kirby, who, he said, told ' ~ ' ^ y\ r* r> n /I ilim, "1 OU rtf tUt> UUIJI.l oi-u;v;vi. ^ don't have no more skimption at kill-' ing a man than I do a dog. If I had . been convicted cf all the crimes I have been guilty of they'd have to hang six men a day for 12 months to pay for them." | Gappir.s tcld his story in a clear, distinct voice, somewhat brazenly as if he were recounting the tale of sc-'me fishing tiip. The monotone in which it 'v:;r told gave the story somewhat the aura of a memorized "piece" at a high school commencement, Gappins pausing in his story only to repeatedly mop the perspiration from his face. And Kitfby, seated in th" prisoner's df.fk. watched and lister : practically emotionless, this head reel,on his one arm. Kirby in taking i"ae stand assumed a forensic attitude, speaking directly to the jurors, whom he addressed as "gentlemen," and delivering his story with almost continuous gestures. Here he showed considerable more emotion, all of which, however, was directed to convincing the jury that his story, in which he accused Gappir.s cf practically everyting Gappins had accused him of, was true. Clyde Hester of Columbia, cwrier of the "murder car," was the first witness for the stale, telling of seeing Brazell last at ' o'clock Sunday n'ght August 7, ana identifying the automobile found in Georgia as his car and the machine that young Brazell was driving. Dr. D. M. Crosron of Leesville told of his examination cf BrazeH's borlv wfyen it was found near Leesville, describing the knife and other wound? in the boy's right chest, about the head ar.d on the right hand. Death, he testified, was caused by a profuse ' -P""-* +aw't'>l a WAijij;i nemorinr.gu iiuai ti .. under the right she alder, t he knife in this instance^ passing entirely through the lung. Arrested KirL>y in Georgia W. D. Roberts of 522 Moore avenue, Augusta, .Ga., a chaingang guard, told of Kirby's confessing to him and of his notifying Sheriff Plunkett cf Richmond county and cf his arrest of Kirby and later Fox and Gappms. From Kirby's story, Mr. Roberts said, nothing would have prevented vhe prisoner frcrn cscnpim: from Fox and ?.apt'" ' ' id he desired t? Ij so, several o... crtunities be:.;; pen to him, according to his own story, Mr. Roberts t^-'med. . Coilens. station a.Cent at M:*Bcf:n, Ga., near which Kirby was arrested, told of Kirby's visit to the railroad station at McEean to- send a telegram for some money. Fox andj ti'avn y> au*lu)r'i } 11. Z> ? Vit JiU'VT.i' i *_ Ill VI* w i*w*.-v diate .vicinity. Mr. Collens said, and could net c x-~co Kirby into doin.^ their wir in sending the telegram. M. C. Allen, Columbia detective,; described a meeting: with Kirby Sunday nis.at, August 7, just before Bra-' wnf ^r.rrntrpf] for the fat.il trin. Kirby, M>. Allen said, made no appeal to him ior protection from any one. : Court was opened at 10 o'clock, tlie Kirby-Gappins-Fox case beir x the first to go before the grand jury, which returned a true bill at 11:15 o'clock. Surrounded by state con-: si::bies and other guards the three; on were ".hen bought he fori 'he court where ih. y announced lh.it none of them had employed counsel. Judge Thom:i? S. Sease then appointed attcrneys for the three men. The three m? v.":_ve then unhandculY I and foriruL/ arraigned. The p oners were then allowed time for conference with their attorneys, the court- recessing u.'ilii o o'clock. At ' > o'clock court was reconvened and counsel for the prisoners anr.on'r :.-ed thai they were ready for trial waiving the three days lapst >, anted by law. Solicitor Caliiscn then move ! for separation of the cases, trying Kir by livst, lo later take up the cases against Fox and Gappins simulianc1 ousiy. At 3:30 o clock the drawing of the jury began, the entire panel being completed in 17 minutes. The Iarj?'C majority cf the men siting on the case arc farmers and all, with the, exception of four, had previously con-, coived notions as to Kiiby's guilt. Members of the jury are: J. S. Addy, Homer Woods, Moses K. Kneece, Jesse L. Sox, E. Simpson Spy, Archie! L. Sox, J. Milton Oswald, Kiliian Oxner, G. J. Boukr.ight and Jacob K.' Bund rick. I Guard fcr Prisonei Accompanied by a heavily armed! ?uartl the three prisoners were moved from the state penitentiary at 3:05 o'clock this morning*, reaching the Lexington ccuit house at 3:35 o'clock. Ccmpc?in^ the jrur.rd were: State Constable T. A. Berley, Chief J. D. Dun.na.way of the Richland rural police, W. S. Ramsey and C. F. Towns of the penitentiary guaid, Chief S. S. Shorter, J. P. Brocm, E. B. Carter and M. C. Allen of the Columbia detective force, State Constable T. J. S.nyrie, St^te Cons-table J. L. Poppenheim and State Constable W. C. EichT?^ ^4-/-.1 T* r-ffnv flip 5?fl C'lbtTgCr. I-illllieuut ic:ty jourr "ne-.t of the court the three men were led down the steps from the ccurt house, escorted to the autom/)-1 oiie, the guards .bein.2: distributed : among the three cars. The little caravan took the straight road back to Colurr.'bia, running along at a fairly; slew pace until the corner of Huger and Gervais streets where it turned off for the state penitentiary. i. .1 ? | The court house was crowaeu i-?i beyond capacity throughout the day's j session, it beir.^ estimated that ap- j proximately 2,000 persons swarmed around the court house ca.^er to catch 1 i a jrlimpsr of the three prisoners. The. court house has a seating capacity of j , approximately 400, but at the morn-j ! ing session over GOfr men, women and i :children were packed into the build-j .ing, Judge Sease announcing that he , i would have the aisles cleared for the; -remainder of. the sesson and would j !allow no one inside the rail save news nf |],e gospel; paper ji cii, w and attorneys. i In all this superheated mass of j humanity there were no signs of mob I ; violence and t<he trial, it is thought, will be concluded without even the J talk of lynching being heard. G. A. B. i SENTENCE OF DEATH FOR CONVICTED MEN; J (Continued From Page 1.) nthpr while Fox' irom -o'lt: muc . and Kirby were being sentenced. Jib! arms seemed to worry him somewhat) also. A slight twitching of the lips' was the only sign of worry shewn by j Kir by during the ordeal. Mrs. Kirby Overcome i Mrs. S. J. Kirby, K'rbv's wife, who' with her 11 year old daughter sat] through the entire day's sessien, j fainted when sentence was pi onounc-j ed on her husband. She had a.ppar-j ently stood up under the strain ur.ti:j the verdict was returned. The word j "guilty" was read iby the.clerk and i suddenly Mrs. Kinbv thre w her head I I ! icver on her daughter's shculder and! ^ VmcVinnd I broke into rears, wmic jivi . sat in the prisoner's dock, to all out-J ward show, totally unconcerned wl'tli | the events transpiring about him. J 1 Mrs. Kir.by and her daughter were seated in the audience, live rows from 1 the railing and the prisoner's dock while Gappins' mother and sister, who also heard the greater part cf the! trial, sat just inside the rail 0:1 a Ionic bench on which were also seated W. E. Brazell and- his daughter, the father and sister of the murdered boy. Mrs. Gappins was on the verge cf a breakdown several times during the taking of testimony against her sen and burst into tears during Solicitor T. C. Callison's address to the 'jury. Airs. Vjappiii.s aim Iici ti.iui'.m.i left the court room when the jury tetired. proir.^ ir.to a nearby anteroom where later she was told of the verdict and sentence. She was still in i tear.- when .she was escorted from ,the court house to return to Columbia. Mr=. Jesse Gappiris, Capping' wife, was also a witness at the morn ir.g session, failing to return, however, when court reconvened after the (Mr.r.er recess. J. S. Fox of Stanley Creek, X. C., father cf Fox, was also present at part of the trial, breaking down when he learntd of the jury's veidict. Fox on Stand JV\\ li\-f r*T,y, admitted the rr.-e he had played in the killing, calmly recounting how he had first struck I Erazell with the .blackjack and then stabbed him to d<-ath. Gappins, hewever, repeated his story as told in Kirby's trial yesterday, insisting on iiis innocence of actual participation in tru killing. lie also maintained i that he was iirno-rant of any plan to steal I>ra>:< l!\?: tar, ad:n!ttir:.u\ however, inat he with Knoy and K'-x had planned to steal "a Ci?r" to be driven1 Iroin i.oium.'ca t>p.:p. story was in a larice v.art car:: radicied by hi- own -i^ned confess .a iriven Sheriff T. J. Plnnk* tt at Savannah, in which he had a.vnutied that hi- hoi:! Brazeil's arm while Fox did the stabbing. i'aits ?)f story wer.- also belied by the stones of Fox an ! Klrby and by evidence of previous confessions made by Gprpins ar d the other two men tc She: iff riunkiti, Stnt3 Detective T. A. Berley, W. D. Roberts and Deputy Sheriff W. Leonard r*l I. .4 . ^ oi v^iiariesiuii. The two pvi.~cr.ers were brought to Lexington frcm the stale penitentiary at 9:22 o'clock this morning, court reconvening at '.) : >() o'clock. Kirby took the stand again at 9:52 o'clock and Solicitor Caliison began his cross examination eliciting an ad mission from Kiiby that he with the other two men; Ha>i lure'! the Tax: (Liver to his death. Kiiby also admitted ihat he did net venent 'until the car broke down" and thst the three men did not ccms to Lexington to see any girh. With the completion of Kirby's cross examination the defense closed an:: after short ad dresses by Solicitor Calllson and A. I). Martin, Kirov's attorney appointed by the court, and a brief charge as to the law in the ease by Judge Sease the case went to the jury at 10:24 o'clock an.l thirty-five minutes later a verdict cf guilty was returned. Two minutes later the trial of Fox and Gappins was begun, the jury being drawn as follows: Foreman, C. W. Haliman; Davis J Roof, Claud 0. Amick, W. Oc-y Gur.tt, Archie W. Craft, Simon Smith. Joe D. Sox, Jerome R. Gunter, A. Harper Shull and D. H. Wilson. Ernest B. Craps was A) P/ M fJr ^vl 4^ \MB * V \ -V * i i r : excused from service by Judge Scase. co Confessions to Sheriff , fu 1 lie prosecution s ease was largely . : based upon confessions made by the |t\vo men to Sheriff T. J. Plunkett of : Ausrusia, Ga., who arrested the prisoners and carried them to Augusta CI land later took them on a wild ride ca ito Savannah a few hours ahead of a th Imob which lu(er searched the Augus-jwl tn jail, looking for them. Sheriff | nc i 1^1 unkc 11 testified that both Fox and Ai Gappins had blood on their shirts ,wl i i i when arrested while there was a huge I spot on "the carpet in the rear of the;o'< . automobile. Fox, ISheriifF lMunkettJm isaid, admitted to the Georgia author- jpi . :ties that he had hit Brazell with the jbi (blackjack and later stabbed him while jth ! _ I Kirby and Gappins held the 'boy's t\\ arms. All three cf the men, Sheiiff jte Iriunkett testified Fox told hi'm, pick-iwi led up the body and placed it in the jau rear of the car while Gappins drove :sa to the spot whore the car was stopped h; and all three men picked the body out La! ! of the car and carried it up an em-iP>i bankment into the woods. Fox wras st. carrying the feet while Gappins heldjm the boy's arms and Kirby his head, J w; according to foxs story, tne snerirr ft. said. Just as they reached the woods, bl Fox toi 1 Sheriff Plunkett, the sheriff dc testified. Fox dropped the driver's sa 'feet while Kirby turned loose the di head, Gappins dragging the body into the woods unaided. Sheriff Plunkett cc also told of Gappins confessing to the te ! Augusta officers of his holding one of ec jBrazeli's arms while Fox stabbed the in boy to death. Sheriff Plunkett alsoiar I jlcld c*-f written confessions signed nc : voluntarily by the two men at Savan- in jnah. These confessions were intro- tv Iduced by the state as evidence. s.l j Sheriff Plunkett's testimony was oi jcorrclbciated in every essential detail bi iby T. E. Morris of Augusta, Ga., who, K ; had written down the confessions cf in Fox and Gaopins at Savannah. W. J. w LeonarJ, deputy sheriff of Charleston pi f y ( <^2 \ . . I \ /$#& r: > The More Motor i' IF your motor o queiitly. iuifises vile-smell h?? cxlmi ([u/rc f) frequent ea justroemc^rbon at valve Keats aa<( i 11 is .prokahitf L gasoline is tlio car Have you ever re erod the rer:son, eeriain fype ofgasc molor?or do you i a dealer and ask f< 'I he Improved Ci M ohCci ;< ilrz o has ?3^1 <. YC ' II'r'i f lie r:.?perior ci i ft Tii c s (- 1 no j7 j* c v e. z: m made possible pr: iiie long experie'ie 1^3 ST A NT Uj> JL JT2l? 1 1_ unty, also testified as to confessions' ade to him by the two defendants,! rther corroborating SheritY Plimtt's testimony. Witnesses for State OMic-r witnesses for the state were! yde Hester, owner of the murder'; i'; Dr. D. M. Crosson, who examined j e body of the young taxi driver j hen it was found by the roadside j ?ar Leesville, and W. J. Roberts, j ugu>ia, Ga., chaingang guard, to; 10m Kirby first confessed. The state res-ted its case at 12:35 j -lock and Fox took the stand, ad-! itting that he with Kirby and Gapns had planned to steal an autcmo- j le; tl^it he first struck Brazell with t> hl:u*kiack and that he stabbed him ! rice with a knife. Fox also admit- i d that the throe men left Columbia Lth Brazell, intending to steal the itomobile and sell it. Gappins, he id, wa.i the first person to inform I m of the plan to steal automobiles, [though admitting that he -tabbed razell twice, once when he was an ding up, held by the other two en, and the second time when he as on the ground, Fox hinted that ir'oy was the man actually to be amed for killing the driver. "I >n't feel like I killed the boy," he id. Court then adjourned for the nner recei-s. Gappins took the stand when the iurt was reconvened at 3:05 o'clock, Hing the same story as he recountl yesterday in Kirby's trial, blamrv IfivVn? orvrl T?r\v fr\y f Vi n miird/ir ^ ix.ii trj aau x ua x vi tuvid claiming that he, himself, took ) active part in the real killing and stead attempted to deter the other vo men in their course. Gappins ro claimed that he had no knowledge ! any plan to take Brazell's autcimole, thinking instead, he said that he, iiiby and Fox, were going to Lexgtcn to get some girls. Confronted ith his own signed confession, Gapna admitted that he had signed the . J V' vt I y: ' ' r /Vonovinof ai roubles are verheata fre- fining ex] ^ gives off to practi ist i2.*nics,re- source a rbiirctor ad- pelroleun >' ** ! (fZlN'kjv ' - It is fort] r*purM , , i v ?re able in? rut re ,.?c * eiiily a w< ?sasoIin< ai; v consul, * in any esi ix.r asm" a " sures a i >12210112 voui" /y. . . * , emciency, iimpiy go to , ; A,-! ,vj bustion,gi or %as : power an Standard cause it i ; certaia def~ aH-Yound ::d i?iake li ciiij other. "Standard 2 en is were the best y ::!eipaiJy by costs no in c of etir re- wherever JAKJJ OIL CU1 (New Jersey) \ paper and had hoard it road to him, hut claimed that "something' hati been left out." Stale Detective Berley was the only witness introduced by the state * in rebuttal, testifying that Gappini had confessed to him of holding Brazell's hand during the cutting. McKendree Barr, representing C. 0. Fox, waived his right to address the jury, T. C. Sturkie speaking however as Gappins' attorney. Solicitor Callison closed and then after Judge Sease's charge the case went to the jury at 4:34 o'clock, a verdict being agreed upon after 40 minutes' deliberation. G. A. B. THIRTIETH DIVISION REUNION TO BE HELD EARLIER Knoxville, Sept. 10.?s for the [reunion of the Thirtieth division at Nashville have been changed from November 11 and 12 to November 4 and 5, according to announcement today by Maj. Frank P. Brown, secretary of the Old Hickory association with headquarters in Knoxville. The change was made in order that General Pershing and Marshal Foeh can jattend. - ^ COOPER AND LUMPKIN MAY GO TO GREENWOOD The State. Greer.-wood, Sept. 10.?Governor Cooper and State American Legion Commander Morris C. Lumpkin gave their promise yesterday in Newberry to Maj. W. M. Welch to attend, if possible, the formal opening of the Greenwood American Legion club to be held in the near future. The local post of the American Legion has what the legion officials declare one of the best clubs in the state. The rooms are now nearing completion and will be fitted with everv comfort for the legicn members, jit is stated. 1 : i I N * v . , * "" i ' - . \ y - \ r ^ r ' \ ' ' id Common Avniiriiinlp J~ J*. T perts aiid our acces? cally every needed in! grade of crude 1. hese reasons that we to produce consisti v a -J I - . fil-balanced gasoline o that is not lacking sential factor. It innaximum of motor , cleanliness of com iii nooui, strong puiiiug (1 long mileage, be[3 the well-balanced, fuel. I" Motor Gasoline is on can buv?and it j lore. Now obtainable you motor. VIPANY