The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1922-05-31
DEATH SENTENCE
FOR TRIO AGAIN
FOX, Gappins and Kirby to Die June 1G.
No Emotion Shown,

'VA, "hpnihS ana hlfDy TO Vie June III.
NO Emotion Shown.
Lexington, May 23.-Pallid from ov-
or seven months confinement in the
death house at the state Denitentiary
put outwardly as calm and as unper-
turbed as before, c. o. Fox, S. j. Kirby
ana Jesse GaDpns, convicted murder
ers Of William Brazcll, 10 year old Co
lumbia transfer driver, this afternoon
lor the second time heard sentence of
death passed upon them the electro
Icutton date being fixed by Judge Dc
Noro for Friday, June 1G. The trio's
execution under the sentence will take
place between the hours of 5 O'clock
| in the morning and o'clock at night.
FOX, Kirby and Gappins were con
Victed in Lexington September Ia,
l92i, and were sentenced by Judge
Scasc to die in the electric chair on
october 2l. Gappins and Kirby filed
notice of appeal but Of the two only
Gappins' appeal was completed. This
was dismissed a few weeks ago by
the supreme court on the motion of
Solicitor IT, G.. Callison of Lexington
that the appeal was without merit.
FoX's execution was stayed by an an
phcation for writ Of habeas corpus
jbcfore Associate Justice II. p. Cothran
made the day prior to the date set
for his execution. The writ was de-
MED by Justice Cothran and the stay
,of execution beyond the date set was
| then obtained by an appeal to the su-
preme court. This appeal, like kirbys
was never complied.
The three men, handcuffed together,
were taken from the death houc at
about 11:15 o'clock this morning and
under guard were brought to LeXing-
ton. At 1906 o'clock they were led
into the court room and there, the
handcuffs having been removed were
placed in the dock. Solicitor Callison
then made his argument before Judge
DeVore for the declaration by the
court of the abandonment of the an
pcals Of Fox and Kirby on the grounds
that they had not been completed
within the time prescribed by law
This was allowed and the three men
were the narraigned. Once again the
indictment was read to them and
once again they were asked if they
had anything to say as to why SEN
tence 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 | have had a fair trial
don't think I've had Justice" Kirby
thought, he said, that he had not even
been tried. "Tho records of the court"
! he said, "will show that the grand
Jury was not properly sworn and
therefore 1 do not think that 1 have
had legal trial. This was the reason
that my appeal was not completed"
Gappins made somewhat more elabo-
rate statement charging that the
| truth had ncaer been told about his
participation in the crime. I'm not
guilty of MURDER" he said. 81 haven't
got Justice and if the truth had been
| told all the way round | would not
, have been convicted. When 1 stand
before God III get justcne, but
haven't had juctice here Some people
have not told the truth" This state
ment is in agreement with Gappins'
attitude throughout the two day trial
last September when he stoutly main
tanned that he had been ignorant of
any plot to steal Brazell's automobile
and that he had taken no active part
| in the boys murder.
The three statements heard, Judge
Devore then pronounced sentence upon
them, the trio being sentenced as one
man. AS had been the case when they
were first sentenced the three men
showed very few signs Of emotion, Fox
chewing gum or some similar sub
stance throughout the entire proceed
ure Gappns again was the most nerv-
out Of tho three, constantly wiping
This face for perspiration that was not
always there. The three men were
dressed especially for the occasion in
costly shirts and comparatively new
suits. Kirby wore glasses. Save for
the unhealthy pallor OF faces and arms
they showed few effects from their
| long s;toy IN tha doatb houeo Roth JCoy