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jajliwi * rv-v 1/ GAPPINS ARK GUILTY (Continued From tPage One.) *i? \ , v Jin hour later he war sent (or anil found. Kirby alone br the . Bide of c tree. The defendant' .asked to lit taken to Waynesboro. Upon his re. i'usal he said he hud something' tc tell but was afraid. Finally he out with the stor{r of the murder and asked Roberts to protect him from the other two. Roberts then phoned for the sheriff, with the result thai the men were captured.. On cross examination the witness said ;.that Kirby appeared to he doped, and he was vawUMt.&U? uo IW iUC- kl UtUl Ui. 11 Id . O \AJ 1 Jf , He related the story of the crime as told to him by Kirby. He had Kirby recover the license number which had been taken from the-cj^t'and1 thrown in the woods. J. O. Collins, telegraph operator.at McBean, Ga.f a small station, testlHed that Kirby on the day in question had come to the station and made an effort to send a telegrajan for money, but had been informed tihat he would have to phone the message over to Waynesboro and would.be compelled to go to Waynesboro to receive the money. He saw nojtliing of either Fox or Gappins. k , Detective Allen of Columbia testitied to having seen and talked with Kirby on the Sunday night of the tragedy. He made no reference to i any threats and asked for no protection. Guppins Takes SUrnd. Jesse Gappins, the youngest of the trio, who claims to be 22 years old, was next culled. He came forward promtply aild with ail air r?f r>r?r?i_ posure. Without prompting and even without very many questions being,.asked him he proceeded to recite in, detail the events wliich occurred prior to and on the night of the tragedy. Throughout his testimony .he attempted to lay the greater blame on .Kirby as the instigator of the whole plot, picturing the defend.ant as being exceptionally brutal in his remarks and ' in his conduct toward the defenseless victim who luy on the running board of the oar, where he had been dragged after being blackjacked, pleading for his life and offering to forget the whole f ??'' incident and promised not to "turn up" his assailants if theyt shouQd spare him. As Gappins told it he had little to do with the killing and not only stoutly refused two or three times to blackjack the boy tit Kirby'a .earnest insistence, but protested against the treatment which the taxi driver was receiving and pleaded with his companions to spare the boy's life. The story he told was pretty well connected but his efforts 10 minimize his own ptfit in the murder were a little overdone and he failed to carry with his, testimony a sense of eonviciion that he was telling "the whole truth and nothing but the truth." According to Gappins, Kirby hud come to his bouse on Thursday before the murder and told him and Fox that he had a nice car spotted, that he was going to Spartanburg and . .would return with one hundred dol-, Jars; they were ,Xo meet him at the train when* the trio would perfect plans for stealing the ear and take it to Florida, where Kirby had a brother, to whom the. car could be sold to advantage. On the Sunday afternoon of the murder he saw the defendant again, armed with a blackjack. The three were together for a < while, but made no plans, Later on Kirby came back and the three men went up town together. .4t this point the witness claimed that Kirby wanted him and Fox to go to Lexington with him Sunday night to brng back some girls by the name of Martin, who he said were due to go to work Monday morning. After arriving up town he and Fox went to the Seaboard station jo lind out. about the schedule to Canuh-n, where they had thought of going m search of work. They remained at tin- station a long time and were about ready to leave it when Kirby appeared and said he was ready to go. The witness claimed mat no protested that it was too late and lit; was going home, whereupon Kirby responded that the later the better, as there would not be many kj <*ars oil the road and they could have - . a better time. When three miles bej yond J.exington Kirby feigned illness t and asked to get out of the ear. Call $ ing Gappins to one side he offered him the blackjack and insisted that he use it on the driver. The witness <f claimed that ho refused. "Kirby, are you drunk? You will get us all in trouble," the witness testified lie oxj'f claimed, whereupon Kirby replied ' ihnt he was at home in the penitcnI*-; liary; had been sentenced twice for y't; life and once for 110 years. Three times, at stops on various excuses Kirby had urged him to use the blackjack on the unsuspecting boy, but he had refused. Finally Kirby gave the instrument to Fox and orJwi UCiCU 11*111 IV feci Uli Uic AIU11L BUttl r with Brazell, after he had stopped in Leesville to buy gas, and to find out how much money he had. He was sitting on the front seat. About three miles from l^eesville Fox got out of 1 the car and struck the boy several 1 I times over the head with the hlack5 jack. He heard the licks and beg ged them not to do it. Klrby grabbed > Braztfll by the throat and choked him. Fox and Kirby dragged the defense1 less youth onto the running board of i the car and Fox proceeded to cut 1 him. As Fox "began to knife him the I victim cried out for mercy, skying "I am dying now." "No, you .ore not dying now, but you soon will be", the i witness said Kirby exclaimed. The boy pleaded for his life and offered i his assailants full Immunity Jf they ' would spare him, but mercy wqb not 1 thought, of. Kirby ordered GappJnfc i 'to turn trie car around and the almost lifeless body was placed inside : and a hiding place was sought. The ! witness testified that Kirby favored l carrying the body to the Savannah i river and throwing it in, hut lae beg, ged that it be left on the roadside where it could be recovered by rela' tives. Tho witness testified that Klrby, when he (Gappins) had begun to point out that they were all in for trouble, replied, "If I was convicted > for all 1 have done they would have to electrocute six nien a day for a year to get even." The guilty trio then planned to make their escape in the stolen iar to Tampa, Fla? which they learned in j passing through Aiken was 051 niLes. Kirby threatened to kill the first one who told of the killing. insisted that Gappins, who was driving. ,4step on it." The witness admitted that the plot to steal the car had been hatched on i the Thursday before the crime was committed. It was proposed to take it to Florida, where Kirby had a brother in the automobile business. ' There they would be able to dispose 1 of .it to advantage. On cross examination Gappins denied .holding Brazell's head while the cutting was being done. He declared that he did not leave Fox and Kirby uecause he was afraid of Kirby, whom 3 he knew to carry a gun. He admitted telling a lie at Waynesboro, Ga. but Claimed to be telling the truth ' now. Asked where his wife was he said " that -the last time he had heard of ib-er she was in jail. Kirby Testifies. S. J.. Kirby, the first of the three 1 men to be put on trial for his life, t?o& -t9vfe -stand in his own behalf. Apparently a man of some 30 years, he is of slender build, with an elongated head., and shifty eyes that roam about the courtroom, looking ap- ? parently more at the floor. He has a sallow oomplexion and was apparently somewhat unnerved. Tremblingly he told his story, incorporating every now and then a little appeal to his hearers. Saying that he realized 1 that he was facing death and had a soul to save and a mother and other relatives in heaven to meet, he do- J tailed the crime and painted the other 1 men as the arch conspirators who had hatched and executed the plot, while lie. Kirby, wus weak enough to 11 allow himself to he persuaded to take part in the enterprise. He did not admit that he held 'one of the Bruzell boy's arms while the cutting waw being done .but further than this he* would only admit that he acquiesced in the deed through fear of Fox and Gappins. He told of the olnt -tn otooi tlie ear, claiming: that Gappins had hatched it, and testifying that Gappins wiis particniar about the kind of car he wanted, which must be a Cadillac, a King or a Pierce Arrow, so that, the party would be able to make time when the time came to make | the getaway. He told of efforts to secure "I?ig Mill," a negro driver who J had a new car, but they were urisucj cessful and finally lie secured Brazell. lvirby told his title with scarcely an interruption and while it was given in a low tone of voice quiet prevailed in the courtroom and every word was listened to with intense interest by the immense crowd. He was still on the stand when court adjourned for the day Monday. Tuesday Morning. When the case against Kirby was r resumed Tuesday morning, the cross Irxununiioon 01 tne detendant was be- 1 kuh by Solicitor Callison. Kirby ad- ( |. mittod that the three men had made ' I, the plot to steal a car, that he had 1 bought the blackjack and gave it *o ' ^(lappins. The witness admitted that I 1 he had been convicted of highway ' robbery in York county, had been ' ^sentenced to the penitentiary and was ' " pardoned. He admitted that he had ' put his hand lightly upon Brazell "while Fox did the cutting. Toward ' the close of his testimony the wit- 1 ' ncss appeared to abandon hopo and ^ expressed sorrow for the deed Jie had 1 '.done, and insisted dramatically that ? he had told the truth. Ho was the t only witness for the defense. < i j.nw arguments 01 a. u. -Martin, appointed by Judge Sease to represent Kirby, and of Solicitor Callison for the prosecution were short and Judge Sease charged the jury in a few words. At,10:24 the jury retired, returning at 10:59. Trial of Fox and (iapplns. Soon after the return of the jury in iiiv uhciiuoi ivu uv iiiv irmi ui the other two men was entered upon. The jury was selected within a very few minutes. Again the jurymen were put upon their voire dire, nine of the twelve Jurymen said they had formed an opinion, but would give a fair trial. The jury was drawn without a single xception being m'ade. One man was stood aside by Judge Sease because he apparently did not understand the questions which were asked him. The jury was as follows: C. "\V. Hollman, foreman. ' Davis J. Roof. Claude G .Amick. W. Ocy Oantt. Archy W. Craft. Simon Smith. Joe D. Sox. Jerome R. Hunter. Simon Smith. ' ) C. T. Derrick. A Harper Shull. D. H. Wilson. Several of the witnesses who testified in the trial of Kirby were put back on the stand, including Clyde Hester. W. D. Roberts, Dr. D. M. Crosson and Gappins himself. They moetly covered the same ground as the testimony given at the trial of Kirby. Sheriff T. J. Plunkett of Richmond county. Georgia, told of the arrest of the men and of the confession secured from Fox and Gannins while in the Savannah jail, where he had taken them for safe keeping. The written confession, which agreed substantially \^ith the testimony of Fox. was introduced and read. Gappins approved it at the time with some exceptions which were noted at the time, hut on the stand he practically repudiated his acknowledgement in the confession, and said that as read in court it seemed not to contain the full explanation of his part as he had explained It in Savannah. Sheriff Plunkett testified that Gappins admitted holding one hand while Fox did the cutting. T. E. Norris, deputy sheriq of Savannah. who wrote the, confession, corroborated the testimony of Sheriff Plunkett. Deputy Sheriff Leonard of Charleston also testified that Fox and Gappins had confessed. ., Fax Testifies. Fox then took the stand. He was calni, though his attorney had to tell him to remove his chewing gum from his mouth and look at the jury. Beginning at the inception of the plot, Fox detailed all the circumstances leading up to the crime and told of the murder itself In a calm and deliberate manner. He said Kirby and Gappins had several times asked him to accompany them on a trip to Florida in a car which they proposed to steal. He at first demurred but finally gave bis consent. On the SunflftV nf thf? mnr/loi' "U"irKf * 1 blackjack to Oappins. because he Baid he did not want his wife to see It, and Gappins gave it to Pox for fear his mother would see it. The three men met by previous arrangements at dark and went to Columbia. Kirby left the others and went off to get a pistol but returned without it.! Finding that none of the three had any money with which to buy gasoline they went out and endeavored to cash checks for $10 each but failed In the attempt. He and Gappins went to the Seaboard depot and Kirby went off to get a car, Oappins insist- | Irtg that he get a good one. Kirby remained away so long that he was about ready to go back home. When lie finally came bank and suggested that they return home the other two i men insisted that they were comlielled to leave town. They left with foung Brazell driving. Several times Oappins asked Brazell to allow him to drive but the boy refused his' request. When several miles beyond Lexington the car was stopped and Kirby urged Gappins to take ihe blackjack and hit the Brozell boy. Though this was repeated several Jrnes Gappins refused, saying that he knew the boy and could not bring ilmself to do the deed. Brazel) < iiscovered at one of the stops that he 3id not have enough gas and they vent to Leesville and bought 10 galons. Ouppins asked Fox to see how much money the boy had when he paid for the gas and lie discovered that lie had only a few dollars. Comng back from L.ecsvllle Kirby asked lim to take the blackjack and strike Brazell. At first he demurred but Inally consented. Had the car stopped and stepped to the side and hit Brazell with the blackjack. At the Irst lick the boy turned and he itruck him several more times across he front of the head, the instrument 'oming to pieces in his hands. Kirby \ ana <i^ppin8 grabbed Brazil anrd I palled him from the cjir. Kirby pinning him t<^ tjie running board with his knee. Klrby called the others to his aid. saying, "Something's got to be done." Fox walked around the car ! and pulling his knife began stabbipg the boy. The boy begged for his life, offering to fet them have the car and keep his mouth shut. "I am dying," ! exclaimed the wounded man. "No, damn you, "you are not, but you soon will be," said Klrby. i The witness said that Kirby wanted to throw the body in a well or j take it to the Savannah river, but he and Gappins Insisted that it be left on the roadside, where it might be found by the dead boy's, people. This latter plan was carried out and the body was carried a short distance from the road and left. The three men then stopped gt.^. yfel^; tp ,washup and clear away the blood from tho car and their clothing- They went on past Augusta, where they were Anally arrested. On cross examnatlon Fox stuck to his story that Klrby and Gapplns had planned t^e affair and had persuaded him to join t m. Asked -what made him do the deed,.he said, "The devil must have' got me." He said he had never and did not even then realize that he hnd killed Brazell and said that Kirby choked him and had him alone in the back of the car and he might have been the one who.actually did the killing. Questioned about making the attempt to cut out Brazell's heart he said he had no recollection of having tried to do so, and said the size of the wound might have been accounted for by the weight of the boy falling while the knife was still in the wound. He said that he had out Brazell once while he was standing and once while he was down. , At the conclusion of Fox's testimony court recessed for dinner. Guppins Back on Stand. Gappins then took the stand in his own behalf, but threw little further light cn the tragedy. His story did not seem to carry conviction but appeared more like a well rehearsed version. He told his tale without interruption practically as told the day before, denying that he knew the car was to be stolen but insisting that < all through that Sunday night he be- I iieveci tney were going to Lexington to bring back some girls. As on the day before he painted a black picture of Klyby, as a heartless and blood thirsty yillian. who bragged of having commit^d crime. Faying boastingly that had ttc-n detected in all of' hik crimes "they would have to electrocute six men a day for 12 months to get even with him." He said that T-Iirby had told him that he did not mind trouble he was at home , in the . penitentiary, having been twice sentenced for life and once for 30 years. On cross examination he admitted that he had known of a plot to steal a car and take it to Florida for sale, but maintained that on the night in question he believed they only intended coming for some girls. He j stoutly denied holding Brazell's arm. j but on the contrary claimed that he j pleaded with the others to spare the I boy's life. State Constable Berley testified %.at j Gappins had confessed to him that | he had held Brazell's arm. T. C. Sturkie, appointed to represent Gappins, made a short speech to the Jury, McKendree Barr, counsel for Fox, also appointed by the court, waived his right to address the jury. Solicitor Calison briefly addressed the jury, and after the judge's brief charge the Jury at 4:34 retired from the room, returning just 40 minutes later, at 5:14 with a verdict of guilty. The prisoners were then brought into court and. sentenced to be electrocuted on Friday, October 21, between the hours of 10 a. m. and 2 p. m. Judge Sease spoke briefly but solemnly to the prisoners. He told them that if there could be any consolation for them it would lay in the knowledge that the punishment which they would receive might deter some other person with a mother, a wife i and baby from^Qmmittlng a like of- ( fence. Their Autnple might prove a beacon which would save other men from falling fnto like pitfalls. The men were*soon removed to the , state penitentiary. Both trials consumed little more than ten hours and throughout their entirety, although the court room was ? packed to its capacity, there was not tho slightest disorder. At least 3,000 people were in Lexington Monday for the trial, but the J crowd of Tuesday materially uwinaieu. "She declined to marry him after all." 1 "I suppose he's heartbroken." "I don't think so. He- says things worked out all right. Jle askbd for a raise in pay, thinking he, was about * to get married, and received it. and so he's that much ahead of the ga me." it- ' ! * i IJUBKRTV VERSUS FREEDOM! So it has come to this ?r To be a free man in a free country you musl swim three miles away from the country with a $10 bill In your mouth! * Knowledge of our duties is often as important as the performance thereof. i . ' No 9296 REPORT OF TH THE HOME NA At Lexington, in the State of Sob jRESOI Septem Loans and discounts, including redisc those shown onb and c) $ Total loans,^. ^.T-s-r. r?.. Deduct: Notes and bills rediacounted with .Fede Reserve bank, other than bank acc$p tances sold MfiaAnwwJ v?v*v?a*vO) uildOVUlVUt ?? ? U. S. Government securities owned: Deposited to secure circulation (U. S. All other United States Government ee Total v. Other bonds, stocks, securities, etc.:.. Banking house, $16,000.00; Furnit Real estate owned other than banking. Lawful reserve with Federal Reserve B Cash in vault and amounts doe from ha Checks on other bks in the same city or Total of items. Checks on banks located outside of city porting bank and other cash items Redemption fund with U. 8. Treasure U. S. Treasurer Other assets, if any. Equity in Real Est Of . . Total LI ABU Capital stock paid in Surplus fund Undivided profits $6,293 84 Less current expenses, interest and tax< Circulating Notes Outstanding Amounts due to State baoks, bankers, a ies in the U. S. and foreign countries Certified checks outstandig Cashier's checks on own bank outstandi Total of items. Individual deposits subieot to cheok... Certificates of deposit due in less than than for money borrowed) Dividends unpaid ! Total of demand deposits (other ths subject to reserve, items Certificates of deposit (other than for m Other time deposits Total of time deposits, subject to res< Bills payable with Federal Reserve Bar Total 8TATE OP SOUTH CAROLINA, OOt I, Karl F. Oswald, Cashier of the a tbat the above statement Is true to the Subscribed and sworn to before me tl C. E. LEAPHA CORRECT?ATTEST: SAML. B. GEORGE, Directors. 1680 BEFOBT OF TH The'Carolina I at Columbia in tbe State of 8ontl September 6, RE80I Loans and discounts, including rediscoui (J. S. Government securities owned: Deposited to secure circulation (U. S. bo All other U. S. government securities. Total Other bonds, stocks, securities etc: Banking house, $176,000 00; Furniture $2,000 00_ Lawful reserve with federal reserve Items with federal reserve bank in proci able as reserve Cash in vault Amount due from banks, and trust ccm (other than included in items above.... Exchanges for clearing house Total of items Checks on banks located outside of city i and other cash items Redemption fund with United States S. treasurer Total LIABI1 Capital stock paid in Surplus fnnd . Undivided profits, Reserved for interest and taxes accrui Reserved for unearned discount * t Less current expenses, interest and ta? Circulating notes outstanding Amounts due to national banks Amount due to state banks, bankers anc in the United States and foreign coui Certified checks outstanding Cashier's chocks on own bank outstand Total of items above Demand deposits (other than bank d< (deposits payable within30 days): Individual deposits subject tp check ... Certificates of deposit due in iess tht money borrowed) Dividends unpaid Total demand deposits (other than reserve items above.. . rime Deposit*, subject to reserve, payat to SO days or more notice and postal i Certificates of deposit (other than for m Dther time deposits Total of time deposits subject to reser Bills payable with Federal Reserve Banl Total StSte of South Carolina?County of I, W. A Clark, president of the ab? that the above statement is true to the Subscribed and sworn to before me thi Correct?Attest: IREDELL JONES, Jr., R. S. DesPORTE9, T. S. BRYAN, Directoi The Real Truth Pa?Why were you late again thrill m morning? BobWe?Because school started before I got there.. Nothing pleases a spinster when she has occasion to stop at a hotel like being assigned to suite 16. Reserve District No. 6 ? CONDITION OF lTIONAL BANK, ifch Carolina, at the close of business JRCES. ber, 6, 1921. ounts (except / '. $ 617,489,88 ... .i4. f 617,489 88 w . v - > ral ' ?< ; ( - .*? ".$ 126,692 60 391,99780 $ 882 61 882 61 bonds par value)$ 26,000.00 curities 32,860 00 : 67,860 00 1,700 00 are and fixtures, $7,406 00 - 23,405 00 bouse ,670 00 ank.. ' 20,602 07 tional bks 18,965 17 town as rcport'g bk - ' 708 78 , $ 14,673 90 < or xown of re- . . ^ -670 00 ir and-due from 1,260 00 ate,.... .. v. 100 ...:* ......... ...$ -- 513,491 86 JTIES. $60,000100 6,000 00 as paid $3,585 87 1,707 97 23,600 00 nd trust com pan 997 18 ' , 682 44 : n? 387 98 2,017 65 . 72,-6 36' 30 days (other 2... JO 00 115 00 in bank deposits) $ 74,683 36 oney borrowed) 31,314 68 297 768 45 srve, 329,08298 ik 26,500 00 i | $ 518,491 86 ' v ? ? 0 INTY OF LEXINGTON, S8; bove-named bank, do solemnly swear * ! best of my knowledge and belief. KARL F. OSWALD. Cashier, da 14th day of September, 1921. RT. Notary Public, Lex. Co. S. C. V - cjlk : . . ? ..... .... ? 4 * " 1 4 V X ' . V ??sw?m?m? .# Reserve District No. 5 E CONDITION 07 ' ' National Bank, > i wuuua, at, die ciose oi business , 1921. FRCES. ots $ 2,732,884 73 2,732,384 73 nds par value) $ 200,000 00 463,050 0^ - ' 663.050 00 52,250 00 and fixtures, 177,000 00 134,994 26 ess of collection, not ava?l6,692 31 ...., .... 220,415 77 ponies in U. S. ' 17,782 58 '..... 53,200 40 $^298,091 06 ' or town pf reporting bank ,... 11,970 54 treasurer and due from U. * 10,000 00 1 > _ ' $4,080,240 69 JITIBB. ... :v "... iv...$ 300,000.00 160,000 00 $153,02911 td... 8,600 00 . 29,054 59 190,583 70 ces paid 36,414 06 154,169.64 200,000 (X) 21,349 49 I trust companies ntvies 3,841 OT 1,518 97 ing 2,604 39 $ 27,686 07 > eposits) subject to reserve . 999,259 60 tn 30 days <other than for 930 0O 66 50 bank deposits) subject to * 1,000,256 10 )le after 30 days, or subject savings: oney Ijorrowed).. 1,005 00 1 OIVT tOO ro - - I, ?/vI, IXIO IO '> ve items above 1,908,128 78 t 390,000 00 ' $$ 4,080,240 59 Richland (ss): ive named bank, do solemnly sweat* best of my knowledge avd belief. W. A- CLARK, President. Is 9th day of September, 1921. THEO. A. BELL, Notary Public for S, C. rs. ( ;?b4NRK'