The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, September 14, 1921, Image 3
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'