The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1922-05-03
Court Disn1isSeS
Gappins' Appeal

| The supreme court yesterday dis
missed the appeal of Jesse Gappins,
one of the Brazell murder trio, follow
| ing the motion in the morning by So
] licitor Callison in open court for dis
| rnissal. The court dismissed the ap-
| peal for lack of merit, and in the
| course of the hearing Chief Justice
Gary heavily scored lawyers for what
he termed as apparent trifling with
! the courts.
| Under Rule 80 the court can dis
| miss appeals where no merit exists
! and it was under this rule that Solic-
| itor Callison made his motion in the
| morning. The order dismissing the
| appeal says that everything that an
! officer should do is presumed to have
| been done unless proved otherwise.
J This was in regard to the sole plea
/ of Gappins for new trial on the
| grounds that the grand jury which
| indicted him was not sworn, so far
as the minutes of the court showed.
A motion to quash the indictment
| would have been in order on these
! grounds, the court says, but no
grounds for an appeal are contained
on such plea. In dismissing the ap-
peal the court orders the remittitur
sent to the clerk of court of Lexington
| in order that a new day may be set
| for the carrying out Of the death
| sentence Of the lower court.
Others May Lose.
The appeals of S. J. Kirby and c.
o. Fox, the other members of the
Brazell murder trio. have never been
completed and it is understood that
Solicitor Callison will move for dis
missal of these alleged appeals before
the May term Of the court of general
sessions court at Lexington.
During the hearing on the motion
of Solicitor Callison, Chief Justice
Gary strongly scored attorneys for ap-
parent trifling with the courts and
declared that if the process Of law
becomes trifled with the lawyers Will
be brought before the bar of the
court and disbarred from practice.
Chief Justice Gary spoke OF the
number of murders, thefts and other
crimes over the state and reiterated
his statement Of some days ago thai
the court would fix the maximum
limit for bail on criminals.
The chief justice made it plain thai
the court is becoming impatient with
so many apparent trifling appeals.
1.-THE fight is on and this court is go
Ing to maintain it's dignity if We have
to disbar the lawyers from practice
Chief Justice Gary declared. Chief
Justice Gary said Rule 80, the rule
whereby appeals Of no apparent merit
can be dismissed, had been adopted
by the court in an effort to bring
about Justice. He added that the
court thought the attorneys would ap-
preciate this rule and not try to evade
the ends of justice. The chief justice
said he was not referring to any par
ticular case.
Associate Justice Watts then spoke
of the appeal of C. o. Fox, another
one of the Brazell murder trio. and de-
clared if this was not trifling with the
courts he did not know what was.
Callison in Charge.
Solicitor Callison presented the mo-
ton to dismiss the Gapplns appear
claiming that the appeal was without
merit. He said he was anxious for
the court to decide the case prior to
the middle Of May when the next term
Of general sessions court begins in
Lexington. MI CdlliSOll poIllI0u Oo'
that the appeal is based solely on the
grounds that the minutes of the court
do not show that the grand jury was
sworn. it being claimed that this
made the trial Of Gappins illegal. Mr..
Callison said the grand jury had been
sworn, and that the matter Of the
minutes not showing this was the
smallest irregularity possible. Mr..
Callison said the appeal should be dis
missed. in his opinion.
r. G. Sturke, attorney for Gappins
resisted the motion. declaring that the
appeal was made in good faith. He
declared the matter Of swearing the
grand jury was vital. At this point
Justice Watts declared that he
thought the court would be stultifying
itself if it said that the circuit judge
had held an entire term of court
without swearing the grand Jury, one