The herald and news. [volume] (Newberry S.C.) 1903-1937, 1921-09-27
WILL MAKE APPEAL
in GAPPINS CASE
NOTICE SERVED ON SOLICITOR
CALLISON
Action Of Attorney Automatically
Stays Death Penalty. Others
May Die
The State. 25th.

The State, 25th.
Jesse Gappins, one of the three
convicted murderers of William Bra
zell, the young Columbia taxi dryer,
and who is now in the death house at
the penitentiary awaiting October 21,
the date set for his electrocution,
will not be electrocuted on the day
set, an appeal to the supreme court
staying the death penalty until this
court can hear the case.
T. C. Sturkie, appointed attorney
for Gappins at the trial at Lexington,
served notice ON Solicitor T. c. CAL
hson at Lexington yesterday that he
would appeal the verdict of the cir
cuit court to the supreme court. This
notice, Mr.. Callison said last night,
would automatically stay the death
sentence of Gappins until the supreme
court could hear the case. Attorney
Sturkie merely served notice Of in
tention to appeal, but this is sufficient
to stop the elestrocution, Solicitor
Call;son said.
Whether or not Mr.. Sturkie intends
to prepare his appeal for the ap-
preaching term of the supreme court
is not known. The court begins its
fall session two weeks from tomorrow
and the appeal could be heard this
fall, but it is doubtful if this will be
done as plenty of time is always al
lowed. If the case is heard at the
fall term a decision will hardly be
reached before Christmas as the court
viii be in session until after Thanks
giving. If it is not heard at this term
OF court it will probably come before
the spring term of 1922.
Solicitor Callison said last night
that no notices of intention to appeal
in the cases of S. j. Kirby and c. o.
Fox, the other two convicted murder.
ers. had been served on him as yet.
These two prisoners with Gappins are
all in the death house and Fox and
Kirby will in all probability be put to
death October 21 as sentenced by
Judge Sease unless their appointed
attorneys appeal to-the supreme court
as the governor is not expected to
take a hand in their behalf. The
chief executive has not said what he
will do, but from has known attitude
it is practically certain that he will
"play hands Off" The governor has
said that he did not expect any ap-
peafs to be made and the action OF
Attorney Sturkie will probably come
as surprise to the chief executive
as Mr.. Sturkie was appointed by the
court.
The three prisoners have some
what abandoned their attitude of un-
concern over their approaching death,
so far as all three know, and are be-
ginning to realize their fate, accord
ing to prison officials. All three seem
to be getting more and more serious
as October 21 approaches.
While Fox and Kirby are awaiting
their death an ever increasing crowd
Of curiosity seekers are writing or
asking in person for passes to see the
electrocutions. A large number OF
requests have come to Col. A. K.
Sanders, superintendent Of the penl-
Tertiary, and to Governor Cooper.
Practically all of these will be turned
down, it is said, as only limited
number can be allowed in the death
house and officers of the law who have
been handling the cases of the three
men will take up most of these places