The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1922-05-25
DEATH SENTENCE AGAIN
FOR TRIO

Lexington, May 23.-Pallid from
over seven months confinement in
the death house at the state penitcn-
tiary but outwardly as calm and un-
perturbed as before, C. o. Fox, s. J..
Kirby and Jesse Gappins, convicted
murderers of William Brazell, 10 year
old Columbia, transfer driver, this af-
ternoon for the second time heard
sentence Of death passed upon them.
! the electrucotion date being fixed by
Judge DeVore for Friday, June 16.
The trlo's execution under the senten-
tence will take place between the
hours of o'clock in the morning and
o'clock at night
Fox, Kirby and Gappins were con-
victed in Lexington September Id,
1871, and were sentenced by Judge
Sease to die in the electric chair on
October 21. Gappins and Kirby filed
notice of appeal, but of the two only
Gappins' appeal was completed. This
was dismissed few weeks ago by
the sureme court on the motion of So
lcltor L. G. Callison of Lexington that
the appeal was without merit. Fox's
execution was stayed by an applica-
ton for writ of habeas corpus be-.
| fore Associate Justice T. p. Cothran
made the day prior to the date set
for his execution. The writ was deni-
! ed by Justic Cothran and the stay of
execution beyond the date was then
obtained by an appeal to the supreme
court. This appeal, like Kirby's, was
never completed.
Taken From Death House
Inc three men, handcuffed togeth-
er, were taken from the death house
at about l1:15 o'clock this morning
| and under guard were brought to
Lexington. AT :05 o'clock they were
led into the court room and there, the
handouts having been removed, were
placed in the dock. Once again the in
dlctment was read to them and once
again they were asked if thew had
anything to say as to why sentence
of death should not be passed upon
them.
FoX's name was called first and his
only reply to the query was, "I don't
concede that l have had a fair trial
l don't think I've had justice" Kirby
thought, he said, that he had not even
been tried. ."The records of the court"
he said. "wiii show that the grand
jury was not properly sworn and
therefore l do not think that have
had legal trial. This was the reason
that my appeal was not Completed
Gappins made somewhat more elab-.
crate statement, charging that the
truth had never been told about his
participation in the crime. "I'm not
guilty of murder" he said, "I haven't
got justice and if the truth had been
told all the way round would not
have been convicted. When l stand
before God I'll get justice, but 1
haven't had justice here. Some epople
have not told the truth" This state
ment is in agreement with Gappins'
attitude throughout the two day trial
last Semptember when he stoutly
maintained that he had been ignorant
OF any plot to steal Brazell's automo-
bile and that he had taken no active
part in the boys murder.
Killed William Brazell
William BraZell, for whose murder
Fox, Gappins and Kirby were convict
ed, was engaged by the three men on
the night of August 7, 1921, to drive
them to Lexington to "meet some
girls" The three men there on the
highway, according to their own con-
fessions made in court and to Georgia
and South Carolina officers, killed the
young driver and took his automobile.
Fox, according to his cont. ssion. wore
out heavy blackjack Oil Brazelrs
head and then while Kirby and Gap
pins held the boys arms proceeded to
calmly stab Brazell to death. Kirby,
when first arrested. stoutly maintain -
ed ms innocence of any actiYe partici-
patton in the crime, claiming that he
was at most only forced and unwill-
ing accessory During the trial, how
ever, he abandoned this and admit
ted his guilt. On the stand during the
trial Gappins denied having held
Brazel's arm and contended that he
was ignorant of any plan to steal the
automobile. His story, however, was
contradicted in many important parti-
culars by his own signed confession.