The herald and news. [volume] (Newberry S.C.) 1903-1937, 1921-09-16
KIRBY NOW ONTRIAI.
ON MURDER CHARGE
DEFENDANT ADMITS PART IN
KILLING
Fox and Gappins VIII Face Jury
Simultaneously Latcr--True
Bills Returned
The Stare.

driver, to go on trial today, charged
with murder, taking the stand in his
own defense late this afternoon,
amended his previous confessions to
abandon his hitherto stoutly main
tanned role Of forced and unwilling
accessory to the crime, by admitting
that he had assisted Jesse Gappins IN
holding young Brazell while C. o.
Fox calmly proceeded to stab the tax
driver 20 death Kirby also admitted
that he, with Gappins and Fox, plan
ned the details of the automobile rob-
berry, which eliminated il the killing,
several days before The nllrder night,
intending, however, he said, only to
beat the driver into insens&qility, tie
him beside the read and then make
good their escape in the stolen car.
The blackjack. broken ever y2arg
Brazell's head by Fox, was 'bcueht by
Kirby the Thursday before the Mon
day morning when the crime was COM
m:tted, ne testified.
Kirby exclaimed dramatically to
the jury at one point in his story,
Gentlemen, I've got to die for this
and Pm telling the truth. There's
only one wish l want to 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 heen. able to work for over
a year and had therefore been able
to contribute but little to the support
of his wife and II year cid daughter.
His only defense as outlined in his
previous stories, told in Augusta, at
Ieesville and in Columbia, was that
he was forced into hiring the automo-
bile, was ignorant of the real pur-
poses of Fox and Gappins, and that
he was forced to continue with the
men in their trip to Georgia after the
crime had been committed-and
through all the days intervening be-
tween his arrest and the trial Kirby
has maintained that he took no active
part in the killing, watching the beat
ing and stabbing from the back seat
of the automobile.
Kirby Still on Stand
Kirby was still on the stand when
court was adjourned at about 5:5)
o'clock, Solicitor T. c. Callison to be-
gin his cross examination of the prls-
.orer tomorrow morning at 9:3O
o'clock, when the trial will be re-
sumed. With the conclusion Of Klr-
by's testimony the defense viii prob
ssly rest, the case going TO the jury
following short addresses by Solicitor
SCallison and A. D. Martin, court ap-
pointed counsel for Kirby, and the
Judges charge. Jesse Gappins and
/. C. o. Fox, also accused with Kirby Of
the murder of young Brazell, viii be
tried simultaneously, their case COM
ing up Immediate after verdict
has been returned IN the Kirby ease.
kirby took the stand late in the
afternoon just after the state had
rested its esse, Jesse Gappins, code
fendant with Kirby and Fox, being
the witnesses for the prosecution.
Gappins took the stand voluntarily
and contradicted Kirby's original sto-
ry in essential details. Kirby, Gap
pins said, was the only member of the
trio who had any idea Of stealing the
car. kirby, he swore, met and invlt-
ed them to make a trip to ';get scme
girls at a house near Lexington" m
sited Fox and Gappins to join him IN
a trip for this purpose. He also tes-
tiled that Kirby, instead of asking
Fox to spare young Brazells hfe,
three times attempted to persuade
him to take the blackjack aaid hit tae
driver ever the head. Kirby, he said,
instead of sitting idly by watching tAe
other two men fil young Brazel!,
was the first CT tn tr.o IL grab the
driver, choking BrazeH VII; hit
the boy. He swore' that kirby instead
-of being threatened by Fox and Gap
pins, threatened his two companions.
The blackjack, Gappins also testified
WAS bought by Kirby and was given to
Gappins the Thursday before the
crime was committed and was later
Gappins said, given b. him to Fox
who, che thought had the weapon IN
his pocket the night Of the killing.
Would Save Self
Gappins swore that he and Fox
.were both nlisled by kil'5y into be-
ll1eving that the three of them were
Ito go to a point about a nile ard q
half beyond Lexington, where they
xro,o IN ra+ so,11e 0irls and DrinT