The herald and news. [volume] (Newberry S.C.) 1903-1937, 1921-09-16
SENTENCE OF DEATH
FOR CONVICTED MEN
FOX, KIRBY AND GAPPINS TO
DIE. IN ELECTRIC CHAIR
Kirby Tried Alone, Found Guilty in
Thirty-6ve Minutes, Fox and Gap
pins Convicted in Forty Minutes
State Staff Correspondent.

State Staff Correspondent.
Lexington, Sept. 13.-C. 0. Fox,
S. ]. Kirby and Jesse Gappins, con-
victed murderers of William Brazell,
19 year old Columbia taxi driver, at
5:25 o'clock this afternoon We're SEN
fenced by Judge Thomas Sease to die
i'm the electric chair on Friday, Oc-
tober p, the electrocution to take
place between the hours of 10 o'clock
in the morning and 2 O'Clock in the
afternoon. The jury in the Kirby
case, the trial Of which was begun
at $3.50 O'Clock yesterday afternoon.
reached a verdict of guilty at 1880
o'clock this morning after celebrating
35 minutes, while Fox and Gappins,
who were tried jointly, were convicted
at 5:14 O'Clock, the jury having been
closeted exactly 40 minutes.
The entire trial of the three men
begun with the swearing of witnesses
for the grand jury at 1905 O'Clock
Monday morning, occupied only about
ten hours of actual time of the court
during the two days. The grand jury
returned a true bill against the three
men at HAS Monday morning and
q few minutes later the prisoners,
defended by counsel appointed by the
court, were. arraigned. At 3:3o
O'Clock Monday afternoon the trial
of Kirby was begun, the case going to
the jury at 1924 this morning. Thlr-
ty-fve minutes later the verdict OF
glfitly had been returned and the
trial ef Fox and Gappins was begun.
At 12:45 o'clock the state rested ITS
case against the two men and at o:l4
O'Clock the second jury had agreed
that Fox and Gappins were guilty.
The three men were arraignsd to re-
ceive their sentences and at o:zo
O'Clock each of the three men had
heard his doom solemnly pronounced,
and each knew that there was then
onlv a few hours over 81 days of lfe
remaining for him. 1t was early IN
the morning of Monday, August 8,
exactly 81 days ago, that young Bra
zeu was killed by the three men near
Leesville after having been lured into
Lexington county on supposedly
bona fide trip to 'get some girls.
Returned to Columbia
The three convicted and sentenced
men were led from the court house
Immediately after the trial, being re-
turned via automobile to the state
penitentiary where in the death cell
thew will be held until the date OF
their electrocution. The prisoners
have been held in the state penlten-
tiarv ever since first being brought
to Columbia, being carried to Lex
ineton each morning for trial. The
transfer to and from the penitent;ary
was under special guard. These
special guards, headed by State De-
tectie T. A. Berley, were all heavily
armed. The four trips in autonno-
biles and the trial passed, however,
without a ripple of mob violence.
No notice of appeal was given by
counsel for any of the three prison
ers Mrs. S. J. Kirby, wife of Kirby
This afternoon after the trial, how
ever conferred with A. D. Martin
anpointed by the court as attorney
for her husband, announcing that she
believed that Kirby was mentally un-
balanced, due to an injury to his sSuli
and to protracted illness. Kirby, she
told the attorney, now wears a SILVER
plate in his skull. Mrs. Kirby also
announced that she would appeal to
Gov. R. A. Cooper for con1mutaoaoh
of her husbands sentence on these
grounds, should Mr.. Martin take no
further action in the case.
The three men heard the verdlctS
of the two juries read with practical
Nv no show of emotion, Gappins and
Kirby exhibiting few signs OF ner-
yousness when Judge Sease pro-
nounced sentense upon them. Fox,
however, literally did not bat an eye
lash. standing facing the judge ap-
parently as unconcerned as if he was
hearing of some event not even re-
motely concerned with his case. VI
the three Gappins was the most ner-
vous, constantly wiping his face for
perspiration that was not always
there. He was the last to be SEN
fenced and seemed unable to face the
Judge, nervously moving his head
(Continuted on page SIX