The Union daily times. [volume] (Union, S.C.) 1918-current, 1922-05-03
COURT DISMISSES
CAPPINS' APPEAL

h"e ouPteiie CoufI yeSteHty dis
missed the appeal of Jesse Gsppins,
one of the Brazell murder trio, fol-
lowing the motion in the moTafmg bv
Solicitor Callison in open court for q
dismissal. The court dismissed the an
peal for lack of merit, and i'm the
course of the hearing Chief gustice
Gary heavily scored Lawyers fol
what he termed as apparent trifine
with the courts. u
Under Rule 80 the court, Dan dis
miss appeals where no merit exists
and it was under this rule th& Solic
itor Callison made his motion in the
morning. The order dismisAng thu
appeal says that everything that ar
officer should do is presuruedd Ito have
been done unless proved otherwise.
This was in regard to the aseie plea
of Gappins for new trial, OH the
ground that the grand jury which
indicted him was not sworfs so fal
as the minutes of the courtissshowed
A motion to quash the ifi1ictment
would have been in order h these
grounds, the court says, but nc
grounds for an appeal are Contained
in such plea. In dismissinx the ap
peal the court orders the &mittitu,
sent to the clerk Of court aELexing.
ton in order that new daE may be
set for the carrying out of the dealt
sentence of the lower court. ii
The appeals of S. j. KirK and G.
o. Fox, the other membe& of thc
Brazell murder trio, have pSyer beer
completed and it is understood tha
Solicitor Callison will moveY Tor a dis
missal of these alleged appeals before
the May term of the court Sf genera
session of coudt at Lexingtt
During the hearing on he motion
of Solicitor Callison, ChiE Justice
Gary strongly scored att&heys fol
apparent trifing with the &urts ant
declared that if the process of law
becoms trifled with the layers vii
be brought before the bkr of the
court and disbarred from actice.
Chief Justice Gary spde Of thu
number of murders, theft Ind othei
crimes over the state an&Geiteratet
his statement of some da ago tina
the court would fix the m,lSjfnum linn
it for bail on criminals. s ~ ~,
The chief justice made m,paain tha
the court is becoN> ing imbati qt titl
so many apparent trifii1g enls
fghts ssn and. !. ts,is 81 q #6 60
ing to maintain its dignity II W
have to disbar the lawyers from prac
tice," Chief Justice Gary declared
Chief Justice Gary said Rule 30, tn
rule whereby appeals of no apparcn
merit can be dismissed, had beel
adopted by the court in an effort t.
bring about justice. He added tha
the court thought the attorneys woul
appreciate this rule and not try t.
evade the ends of justice. The chic
justice said he was not referring t.
any particular case.
Associate Justice Watts then spok
of the appeal of C.. 0. Fox, anothp
one of the Brazell murder trio, al,
declared if this was not trifling wit
the courts he did not know what was
Solicitor Callison presented the mo
tion to dismiss the Gappins appca
claiming that the appeal was with
,N,arit 10 coil hn an~.,n,,
for the court to decide the case pro
to the middle of May when the mex
term of general sessions court begin
in Lexington. Mr.. Callison pointe
out that the appeal is based solely o.
the grounds that the minutes of tn
court do not show that the grand jur
was sworn, it being claimed that thi
made the trial of Gappins illegal
Mr.. Callison said the grand jury ha
been sworn, and that the matter o
the minutes not showing this was tn
smallest irregularity possible. M,
Callison said the appeal should be dis
missed, iii his opinion.
7. G. Sturkie, attorney for Gappin:
resisted the motion, declaring tha
the appear was made in good faitf
He declared the matter of swearin
the grand jury was vital. At thi
point Justice Watts declared that h
thought the court would be stulti
flying itself if it said that the circui
Judge had held an entire term Q
court without swearing the gran
jury, one of the first thinggs he
concerned with in opening the cour
Little Girl Hurt