The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1922-05-04
Dismiss Appeal of Gqppins
Because of Lack Of Merit

Columbia, May 3.-The' su-
preme court today dismissed
the appeal of Jesse Gappins,
one of the Brazell murder trio, fol-
lowing the motion in the morning by
Solicitor Callison in open court for
dismissal. The court dismissed the
appeal for want of merit and Judge
Gary heavily scored lawyers for
what he termed as apparent trf1ing
with the courts
Under Rule 80 the court can dis
miss appeals where no merit exists,
and it was under this rule that So
licitor Canison made his motion in
the morning. The order dismissing
the appeal says that everything tina.
an officer should do is presumed to
have been done unless proved other
wise. This was in regard to the sole
plea Of Gappins for a 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 a plea. In dismissing the ap-
peal the court orders the remittitur
sent to the clerk of court of Lexing-
ton in order that 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 Z.
O. Fox, the other members of the
Brazell murder trio, have never been
completed and it is understood that
Solicitor Callison will move for q
dismissal 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 Calrison, Chief Justice
Gary strongly scored attorneys for
apparent trifling with the courts and
declared that if the process Of law
becomes trifed 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
This statement of some days ago that
the court would fix the maximum
limit for bail on criminals.
The chief justice made it plain that
the court is becoming impatient with
so many apparent trifling appeals.
''The fight is on and this court is go
| ing to maintain it's dignity if we
have to disbar the lawyers from prac-
tice," 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
appreciate this rule and not try to-
| evade the ends of justice. The chief
| justice said he was not referring to
! any particular case
| Associate Justice Watts then spoke
of the appeal of C. o. Fox, another
one of the Brazell murder trio, and
! declared if this was not trifing with
|, the courts he did not know what
was.
Callison in Charge.
Solicitor CaNison, presented the
motion to dismiss the Gappins ap-
peal, claiming that the appeal was
| without merit. He said he was an
xious for the court to decide the
case prior to the middle of May when
the next term Of the general ses-
sions court begins at lexington. Mr.
Callison pointed out 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 be-
ing 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 irreg-
ularity possible. Mr.. Callison said
the appeal should be dismissed in his
opinion.
T. C. Sturkie, attorney for Gap
pins, resisted the notion. 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 declar-
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