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 '
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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