davidaulloa/AmericanStories huggingface dataset:
The public ledger., 1921-05-10

FISCAL COURT HOLDS
ITS MONTHLY SESSION
Bills Against Mason County are Al
lowed at Meeting Held
Tuesday.

At the regular monthly meeting OF
the Mason Fiscal Court held Tuesday
at the Commissioners room In the
court house an order was made assur-
ing Sheriff c. E. Galbreath of pay for
collecting special school taxes over
four per cent. in the event the Court
of Appeals decided in favor OF the
sheriff in the case now penang
brought by former sheriff Johh
Clarke. This was done to prevent the
necessity of a law suit. The order
reads: Ordered that in the event the
Court of Appeals decides in the case
of Mason County VS.. J. II. Clarke, that
the sheriff is entitled to more than a
per cent. commission for collecting
special school taxes, then the present
sheriff shall be reimbursed to the ex-
tent of such sums as have been with
held in former settlements and said
settlements shall be computed in con-
formity to said decision
The following claims against the
county were ordered paid:
]. r. Boiling, pauper supplies .s o'oo
Thos. Cummins, same ....... o.oo
DR.. w. c. Crowell. Jail services S.Oo
DeNuzie, supplies ...........'' $50
c. E. Galbreath, sheriff's fees S2.5S
Germo. Mfg. Co., supplies ....,. $50
c. NJ Devore, sheriff fees ..,.. $40
Thos. Higgins, Coroner's fees l2'oo
]. T. Kackley & Co., paup. sup Loo
Leonard & Lalley, crt. his. sup, lo'o0
Geo. Mitchell, pauper supplies lo'e'
Mcdaniel G. Faucet, same ....' h'o'
Mays. Suit and Dg. Co., same 4'o'
Geo. II. Frank Co., same ....... WI
Mays. Gas Co., gas acct .......' 4l'o
Mays. Water Co., water acct .'' oo'V
w. U. Tel. Co., telegram ...'''' 10
A. G. Watson, jailers fees ..''' Sl'o
worwell Mfg Co., Jail supplies 2o'f
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
EFFORT MADE TO CONTINUE
CASE AGAINST KELLY AND GOFF

Cole l.. Blease, counsel for Newt"
Kelly and Frank Goff. charged with
the murder of David Shull in New
BrOokland last December. Monday
morning moved for continuance of
the case against the defendants. The
ground on which the continuance was
asked was that Col. j. B. Wingard,
whom Gov. Blease said was the lead
ing counsel in the case, was ill and
would not be able to appear at this
term of court. He also stated that
by reason of crime conditions pre-
vailing at this time it would be pre-
judicial to try the defendants who.
he believed to have a really meritori
Gus defense. Judge Sease said he
would take the matter under advise
ment and assured counsel that the
case would not be tried before Tues
day of next week. at which time fur
ther argument may be had on the mo-
ton for continuance.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
MISS SUSAN ROOF
GOES TO BOSTON TO ENTER
~ L.. MUSIC CONSERVATORY

Miss Mary Susan Roof, daughter of
Mr.. and Mrs. f. B. Roof. left yes
terday for Boston, where she goes to
enter the New England Conservatory
Of Music. Miss Roof is q graduate of
completing the regular course at that
institution, she did postgraduate and
instruction work there. Miss Roof is
thus far made unusual progress in
the world of music. Her many friends
will watch her future course with
great interest. and all of them wish
for her successful year at the great t
Conservatory in Boston.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
TOWN TO HAVE
POTATO HOUSE

a meeting Of the Sweet Potato
Growers Association was held in the
court house last Friday afternoon, at
which time it was decided to proceed
Immediately with the building of a
curing house, to be completed in time
to receive this years crop.
The committee appointed at pre-
vious meeting to select a site for the
house reported that q suitable lot had
been secured near the depot of sufi-
cient size to meet the present needs,
and it was understood that. additional
ground could be had if it was found
necessary to enlarge the building at
some future time.
A building committee was appoint
ed to let the contract for the erection
Of the curing house and to secure the
services Of an authority on potato
houses from Clemson College to sup
ervise the work. The house will be
built according to specifications fur
nished by Clemson college.
1t is proposed to erect a building
large enough to accommodate some
thing over 5000 bushels of potatoes,
which it is thought will be sufficient
for the present. and the house will
be constructed in q way that addi-
tions can be made at any time If lar
ger quarters are needed.
A committee of three, consisting
Messrs. ]. A. Barre, John T. Sox,
and Ira NJ. Sigh, was appointed to
collect money for the stock pledges
signed sometime ago, and to secure
additional pledges for stock. The
association instructed this committee
to collect this money by September
90, so that the building committee
will have funds available when tie
contract is let for the house. All those
subscribing for stock in the associa-
ton will please take note of this and
be ready for the committee when it
calls.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
Witnesses Testify.


When court adjourned about G o.
clock Monday afternoon six witnesses
had been examined and Kirby him
self was on the stand.
Clyde Hester of Columbia. owner of
the Cadillac car which young Brazell
was driving at the time of his death,
testified that he had last seen BraZell
alive on the afternoon of the Sunday
on which the tragedy occurred. He
was present when the body OF the
boy was found near Leesville. The
car which had been abandoned by
the three murderers was returned to
him by Sheriff Plunkett of Richmond
county. Georgia and was blood
stained.
DR.. -. NJ. Crosson testified as to the
nature of the wounds, saying there
were several bruises on the front of
the boys head, apparently made by
some blunt instrument. which might
brain. There were several cuts on
his hand Il nthree stab wounds, the
one which produced death being that
which penetrated the boys lung, pro-
ducing cODious hemorragc from
which death must have resulted in (.
few minutes. This wound had the
appearance of having not only been a
stab wound but Indicated that the
knife must have been worked in il
after the blade had penetrated.
w. T.. Roberts. chief mechanic on
the Richmond county, Ga. roads. was
the next witness. He also acts at times
as a>guard on the chaingang On
Monday, August s. he encountered
Kirby, Fox and Gappins. who told
him they had tire trouble and wished
TO know where they could obtain q
tire OF certain size. He told then,
that 1t was improba Bile they could bc
aple to find Il tire of that size at
WayncsborO, toward which they ,vcro
headed. but thought Augusta was the
nearest town at which they would
find it. One of them had mentioned
'hat h" wanted to telegraph for
money. The men went on. Ahout
continued on Page Fivt.)
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
COMMUNITY FAIR AND
BARBECUE AT STAR SCHOOL

The. Ladies School Improvement
will give Il Community Fair and
Barbecue at the school ,houSe on
Thursday. September %, 1921. Sew
eral prominent speakers have con-
sented to be present and make
speeches; among these speakers
being Hon. Cole l.. Blease. There
will also be several games of good
baseball played on the grounds during
the day. The public is cordially in
Eited to be present. etc
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
SENTENCED TO SIN YEARS
FOR HOUSEBREAKING IN NIGHT

Huyler Harris. 1l-ycar-old negro
boy, pleaded guilty in court Monday
to q charge of housebreakiug in the
night time with intent to steal. a
verdict OF guilty with Il recommcn-
dation to mercy. He was sentenced
t" six years in the rcformatory for
negr" boys. Harris was found under
bed in the house of G.. W. Asbill of
l.ccSvilEe
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
MAY CONTINUE SWYGERT
. CASE ACCOUNT ILLNESS OF
DEFENDANTS BROTHER

George Bell Zimmerman, of counsel
for the. defense, Wednesday afternoon
made a motion for a continuance of
the case against Job Swygert. indict-
ed for murder, on the ground that
Mr.. Swygert's brother was very i'll,
his recovery being doubtful. Judge
Sease took the matter under consid-
eration to await the result Of the sick
mans Illness. Should he be sufficient
ly recovered before court adjourns
the case will be brought to trial.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
Cases Disposed or.

At the time of adjournment We'd
hallsbeen disposed Of in addition to
that'against Fox, Gappins and Kirby:
Huyler Harris housebreaking in
the night with intent to steal, plead
ed guilty: six years in rcformatory.
Norman w. Tucker, Il resident of
California and 4 former soldier at
Camp Jackson. entered plea of
guilty of assault and battery of a
high and aggravated nature and was
sentenced to serve three months or
pay a fine Of $3.50.
Jack Jenkins, negro, pleaded guilty
Of cur breaking and larceny. and was
sentenced to six months
',Annis Burgess pleaded guilty of
housebreaking and larceny and was
sentenced to nine months.
Jas. jackson. Chas. Evans and Oil
yer Wisinger pleaded guilty of trans
porting whiskey and were sentenced
to four months or S40O.
Henry Hitler and Charlie Williams
We're tried on the same charge. found
guilty and sentenced to a fine of 5000
or six months. All of the parties are
negroes.
Geo. Harris. negro. was found
guilty of violation of the dispensary
law. Sentence had not been passed
when court adjourned.
Davis Kelly. negro, pleaed guilty
to carbreaking and larceny and was
sentenced to months.
No Bill in Harmon .Asbill Case.
The grand jury brought in no bill
in the cases against Rural Police
man Asbill and DR.. Rice B. Harmon
which grew out of the incident which
happened on the Augusta road on
the Afternoon of the Fourth Of July.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
COOK CASE LIKELY COME
TO TRIAL THURSDAY

The case against Julia Cook, SARAH
Minnie Cook, Henry Wheeler and
der of Marcellus Cook. will in all
probability begin tomorrow. Upon ar-
raignment the defendants stated that
they had secured no attorneys and
Col. G.. T. Graham, Cyrus L. SheG;y.
z. l.. Asbill and J. d. Car"~N Y, ;
appointed to conduct their case.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
Trial Begins.

In Il court room crowded almost to
suifocation and with Il temperature
way above the average for September
the trial OF $. j. Kirby, Jesse Gappins
and G o. Fox was begun Monday at
ternon. AT the morning session of
the court the men had been arraigned,
counsel appointed for them severally,
the grand jury early, in the proceed
inSS bringing in true bill. At 3 o.
clock Monday morning the three pris-
oners against whom threats Of lynch
ing had been made at the time of
the commission of the crime August g.
were taken from the state pcniteutiary
at Columbia and brought to Lexing-
ton. where they were placed in the
court house. Four automobiles, con-
tanning besides the prisoners State
Constables Berly. Smyrl Eichelberger
and Poppenheinl, j. D. Dunnaway,
and Detectives Shorter, Carter, Broom
and Allen of the Columbia force and
Policemen Knox of the Columbia
about 50 minutes after the party left
the state penitentiary and the pris-
oners wer" placed in the court house
at once AT the close of the dav's
guard, heavily armed with repeating
rifles. the men were returned To the
pcnitentiary.
One of the largest crowds ever seen
III Lexington began to gather early
in the morning of Monday and by the
time the court was opened the crowd
mad become large that half of
them could not get entrance to the
&c urt room, though within a few min
utcs after the doris were opened every
available seat had been taken and
the surGing crowd of spectators had
oVerrun the aisle and taken every
seat within the bar of the court.
Judge Scase ordered that beginning
after the dinner recess no more ner-
sons would be allowed in the court
room than could he comfortably seat
ed and that the aisle be kent clear
This order was strictly enforced.
juds" Scase took occasion during his
charge t" the grand jury to say thar
II" had been connected with the courts
OF this state for 81 years and in that
time no disorder had ever occurred
and that ""n~ would take place in
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
CRIMINAL COURT
GRINDING AWAY

Court of general sessions opened
promptly Monday morning with
Judge Thomas s. Sease of Spartan
burg presiding. o. b. Anderson of
Edgetield, the efficient and abliging
stenographer of the circuit, was on
hand, and Solicitor Callison was at
his post of duty.
In his charge to the grand jury
Judge Sease scored the petit juries
for failure to do their duty and was
particularly strong in his condemna-
tion of the lynching Of Will Allen at
Chaplin recently. There may be men
in this court room who took part in
the lynching of Will Allen recently
at 'Chapin. If so 1 want to say to
them that they are guilty Of murder
-purder just as foul. just as heinous
as was the crime of Will Allen in
killing Mr.. Frick. If there Is any diff
ference. the latter was a more cow
ardly act" said Judge Sease with
emphasis. Emphasizing the duty of
the juryman. he said that the con-
stitution and laws under which we
live are made by the people. If the
people are not satisfied with them
they should change them; thy had
no right to take the law into their
own own hands. If the juries who
came from the people, would be
more steadfast in their duty and hold
more sacred their oath of office
there would be lessening of crime
When court adjourned for the day
Wednesday considera BILE progress had
been made towards clearing the dock
ct. Monday and Tuesday were con-
sumed largely in the trial of the cases
against Fox, Gappins, and Kirby and
the swearing of witnesses to appear
before the grand jury. Several pleas
of guilty had been entered and sem
tcncc passed.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
GRAND JURY
URGES TRIAL
CONTINUED CASES
GRAND JURY MAKES SPECIAL
PRESENTNIENT URGING THAT
CONTINUED CASES BE
TRIED AT THIS TERM.

There was slight ripple in court
Monday morning when the grand
jury brought in q special presentment
urging the presiding judge to. expedite
all cases and especially such cases as
had been continued from former
courts. The presentment was as fol-
lows: 1850. $
Lexington, s. c., Sept 12, 1891.
ITO the Court of General Sessions of
Lexington County, now in session:
I'VE, the Grand Jury of Lexington
County, respectfully submit the fol-
lowing recommendation to the Court:
"That it use every effort available
to expedite all cases up for consider
alton at this term of court. This
seems to us necessary to better pro-
tect society and to decrease lawIess-
ness in the county.
owe respectively wish this to apply
in cases heretofore continued. In our
opinion this will go far in maintain
ing due respect for our courts and in
preventing mob violence. ~
Respectively submitted,
u. H. ROBERTS,
Foreman
In commenting upon the present
ment, Judge Sease. with some feel
ing, said that courts over which he
presided had always been noted for
the dispatch with which business had
been handled and this would be the
case at this term of court and no
presentnient from the grand jury was
necessary to insure this. AS to contin-
uances, If there was merit in such
questions he would grant continu-
ances, the grand jury to the contrary
notwithstanding.
|, Immediately after the dinner re-
cess Judge Sease again addressed the
grand jury, stating that upon delib-
era tion- he-feit sure the. grand curry
intended no reflection upon him
and had he read carefully the special
presentment he would not hav spoken
as he did. j. H. Roberts, foreman,
grand jury. responded that he was
glad his honor had correctly inter
preted the sentiment Of the grand
jury. With these statements the in
cident was closed.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
RAWI. CASE PROBABLY
COME TO TRI\I. FRIDAY

The cas-" against I<illian Rawl.
charged with assault with intent To
raVish and assault and battery of n
high and aggravated nature. will
probably come to trial Friday. y true
bin has been found against the de
PENDANT hy the grand jury.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14

'"ntinued on Page Fivrl
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14


of the murder of William Brazell.
Columbia transfer driver, and We're
sentenced by Judge Thomas S. .Sease
to death by electrocution between
the hours OF 10 a. m. and p. m, on
Friday, October 81. AS the solemn
words which tore from the breasts of
:, the condemned, men the last ray of
hope, if any had fingered with them,
were pronounced by Judge Sease not
one of the trio moved a muscle to all
appearances. Throughout the trial
Gappins and Kirby had manifested a
little nervousness but each of them
when the verdict was read in open
court and when sentence was pro-
nounced received the news with the
stoicism of Indians. Fox never evil
denced the slightest emotion through
out the whole trial. With calmness
born of courage or induced by an
almost inhuman calousness to the
finer feelings of humanity he related
&C length the horrible details of the
crime, denying at no time his own
part and attempting no paliation for
himself. He 1t was who struck the
boy over the head with a black jack.
He it was who stabbed him with the
knife which produced death-not
,. once but several times, once while he
was standing and once while he was
down, pinioned by the arms Of Kirby
Hnn6lnSS
nest pleas of the defenseless lad for
his life, heN jabbed the knife into his
.quivering flesh and inflicted the NOR
tai wound. In reply to a question by
Solicitor Callison hc said that he
never realized that he had killed the
boy and did not now realize it. To
him it seemed that perhaps Kirby,
who choked him and who! when the
fatal wounds had been dealt, rode
with the dying boy in the back OF
the car alone. might have done the
+sctuaf killing. As Fox ~tofdhis story
q wave Of rcvulsion and horror swept
over the court room. Even the faint
hum OF noise which usually pervades
q court room was hushed and listen
ers stood aghast 1T the grucsomc re-
cital OF one of the most brutal crimes
that has ever darkcncd the annals
OF the state. Many who heard the
testimony throughout the trial Of the
three men felt convinced that Fox
was the only one of the trio who told
the truth, the whole truth and moth
ing but the truth" Both Kirby and
GappinS had attemped to show their
own part in the crime in the most
favorable light, Gappins trying to
make the jury believe that he not
only did not know when they left
Columbia that they intended to steal
the car which Brazell was driving
but that he thrice refused to strike
the boy at kirby's demand and even
pleaded with the other murderers to
spare the boys life. Fox confirmed
his statement that he had refused to
use the blackjack but otherwise he
implicated Gappins in the plot 10
steal the car and said that Gappins
held one hand of the boy while Fox
did the cutting. Kirby never admit
ted choking the .boy but said he only
laid one hand lightly unon his arm
STATE Constable Rurly also Testified
that Gappins had confessed to him
that he had held BraZe!l's arm.
The case against Kirby was tried
first. the i,,rv returning a yerdict i'm
just 80 minutes, while the Jury which
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
KIRBY, CAPPln'''sss and FOX GUILTY.
TO BE ELEClkus;:syr'ED OCTOBER Il

been in Lexington since Saturday and
has made q splendid impression on
all with whom he came in contact
Realizing the enormity of his sons
crime, he made no attempt to save
his life, but came, as he said, only
to console his son and help to prepare
him to meet his God. Mr.. Fox looked
up Mr.. Brazell, father of the mur-
dered boy and expressed his deep
sympathy.
Within short while after sentence
had been passed upon the three men
they y/were taken from the court room
under strong guard, armed with
riot guns and whisked to the state
penitentiary in Columbia. where they
will remain until the day on which
they will pay the supreme penalty for
their crime. AS the procession passed
through the lower corridor of the
court room FoX's father said to his
son, ~ will see you TOMORROW" Just
filing down the rear stairs of the
courthouse, a bystander, of whom
there were about four standing in the
corridor. evidently believing they had
all passed, and seemingly intending to
get to the door to catch q glimpse of
the men, attempted to close in on
the party. He was mediately
brushed aside by one of the party of
guards. who evidently feared. that
trouble was about to start. Other
than this incident there was no un-
toward incident or any evi-
dence of any intention at mob vio-
lence, though rumOrs were rife that
passed upon all three men an attempt
would he made to lynch them. The
prisoners. however. We're adequately
guarded and it would have been ser
ious and bloody work to Lave at
tempted anything of the kind.
At the conclusion of the trial Mrs
Fox approached MIR. Martin. who had
represented her husband by appoint
mcnt. and tried to have him com
mence proceedings looking to COM
ruuting his sentence to life imprison-
ment on the ground that he was men
tally irresponsible. She claimed that
he wore 4 silver plate in his skull.
Mr.. Martin referred her to the gov
crnor.
The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14

this trial. In most emphatic man.
ner he said that no disorder would be
tolerated. There was no disorder.
Among the interested persons pres
ent in the court room were the mother,
father, sister and other relatives of
VIM. Brazell, the young Columbia
taxi driver, who was. done to death
with a blackjack and a knife on the
Augusta road by the three men,
kirbys wife and daughter, Gap
pins mother and sister and Fox's
father and step-nother were also
present. Gappins' wife was present
part of the time but was not seen
towards the last.
Lawyers Appointed.
Each of the three defendants upon
arraignment announced his inability
to secure counsel and Judge Sease
thereupon appointed A. D. Martin to
represent Kirby, McKendree Barr to
represent Fox and T. G. Sturkie to
represent Gappins. Immediately af-
retired with their attorneys for u con-
ference. Under the law they were en-
titled to three days in which to pre-
pare their case, but after consulta-
ton it was announced soon after din
ner recess that they were ready, and
the trial was immediately entered
into. Solicitor Callison requested that
the men be tried separately and Kirby
was first placed on trial.
Kirby Jury Selected.
Just /! minutes were consumed in
the selection of the jury, not Il single
man being stood aside by either the
prosecution or defense. The jurymen
but three Of them saying that they
had either formed or. expressed an
opinion in the case. They were
unanimous in saying that the opinion
they had formed would not prevent
them from giving both the State and
the defense Il fair and impartial trial.
The Following acted as the Jury:
John 5. Addy, foreman,
Homer Woods,
Moses X. Kneecc,
Jesse l.. SOX.
Winstcad Harmon.
G.. ALI Wingard
Simpson Spires.
Archie l.. SoX.
J. NJ. Oswald,
killian OXner.
G.. j. Bnuknight.
Jacob ii. Bundrick.