The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-09-14
KIRBY, FOX AND
GAPPINS ARE GUILTY.
Continued From Page one.)


tree. The defendant asked to be
taken to Waynesboro- Upon his re-
fusal he said. he had something to
tell but was afraid. Finally he out
with the story of the murder and
asked Roberts to protect him from
the other two. Roberts then phoned
for the sheriff, with the result that
the men were captured. On cross ex-
animation the witness said .that .Kir-
by appeared to he doped, and he was
doubtful as to the truth of his story.
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 rcsr Tand thrown
in the woods. ''.-
j. o. Collins. telegraph operator at
Mclean, Co., a small station, testi-
fled that Kirby on the day in question
had come to the station and made an
effort to send n telegram for money,
but had been informed that he would
have to phone the message over to
'Waynesboro and would be compelled
to go to Waynesboro to receive the
money. He saw nothing of either
Fox or Gappins.
Detective Allen of Columbia testi-
tied to having seen and talked with
Kirby on the Sunday night of the
tragedy. He made, no reference to
any threats and asked for no protec-
tion.
Gnppins Takes Stand.
Jesse Gappins, the youngest of the
trio, who claims to be % years old.
was next called. He came forward
PROMPTLY and with an air of COM
posure. Without prompting and
even without very many questions
being, asked him he proceeded to re-
cite in detail the events which oc-
CURED prior to and on the night of
the tragedy. Throughout his testi-
lnony 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
toward the defenseless victim who lay
on the running board of the car,
where he had been dragged after
being blacktacked, pleading for his
life and offering to forget the whole
incident and promised not to turn
up" his assailIants il they. should
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 at kirby's
earnest insistence. but protested
against the treatment which the taxi
driver WAS receiving and pleaded with
his companions to spare the boys life.
The story he told was pretty well
connected but his efforts TO minimize
his own part in the murder were q
little overdone and he failed to carry
with his testimony a sense OF convic-
tion that he was telling the whole
truth and nothing but the truth"
According to Gappins. Kirby had
come to his house on Thursday be-
Fox that he had :; nice car spotted,
that he was going to Spartanburg and
would return with one hundred dol
lars; they were TO meet him at the
train when the trio would perfect
plans for stealing the car and take it
10 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 black
jack. The three were together for a
while. but made no plans Later on
Kirby came back and the three men
went up town together. At this point
the witness claimed that Kirby want
ed 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 70 TO work
Monday morning. After arriving up
town he and Fox went to the Sea-
board station Io find out about the
schedule to Camden, where they had
thought of going in search OF work
They remained at the station a long
time and were <about ready to leave
when Kirby appeared and said he
vas ready to go. The witness claimed
that he protested that it was too late
and he was going home. whereupon
Kirby responded that the later the
bnf
cars on the road and they could have