The Union daily times. [volume] (Union, S.C.) 1918-current, 1922-05-24
TRIO AGAIN GET
DEATH SENTENCE


but outwardly as calm and as unper.
turbed as before, C. o. Fox, S. J. Kir.
hy and Jesse Gappins, convicted mur-
cerers of William Brazell, 19-year-old
Columbia transfer driver, this after,
noon for the second time heard sen
tence of death passed upon them, tho
electrccution date being fixed by
Judge DeVore for Friday, June 1G
The trio's execution under the sen
tence will take place between the
hours of 5 o'clock in the morning ard
7 o'clock at night
Fox, Kirby and Gappins were con-
victed in Lexington September 21,
1921, and were sentenced by Judge
Sease to die in the electric chair on
October FL. 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 T. c. Callson of Lexington
that the appeal was without merit
Fox's execution was stayed by an ap-
plication for writ of habeas corpus:
before Associate Justice T. 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 erecution beyond the date
set was then obtained by an appeal
to the supreme court This appeal
like Kirby's, was never completed.
The three men, handcuffed together
were taken from the death house at
about 11:15 o'clock this morning and
under guard were brought to Lexing
ton. At 1905 o'clock they were led
into the court room and there, the
handouts having been removed, were
placed in the dock. Solicitor Callson
then made his argument before Judge
DeVore for the declaration by the
court of the abandonment of the ap-
peals 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 then arraigned. Once again
the Indictment was read to them and
once. again they were asked if thev
bad anything to say as to why sen.
!. tsnes of death should not be passe, q s:
Fox's name was called first and his
only reply to the query was, 81 don't
concede that I have had fair trial
don't think I've had Justice" Kirby
thought, he said, that he had not ever
been tried. "The records of the court. >
he said, "will show that the grand
jury was not properly sworn and
therefore I do not think that I 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. 81 haven't
got justice and if the truth had been
told all the way round I would not
have been convicted. When I stand
before God I'll get justice, but
haven't had justice 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
tained that he had teen 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 emo.
ton, Fox chewing gum or some sim.
liar substance throughout the entire
procedure. Gappins again was the
most nervous of the three, constantly
wiping his face for perspiration thai
was not always there. The three me1
were dressed especially for the occa
sion in costly shirt and comparatively
new suits. Kirby wore glasses. Saw
for the unhealthy pallor of faces ant
arms they showed few effects from
their long stay in the death house
Both Fox and Gappins had taken or
considerable weight.
The sentencing over, the three mer
were then handcuffed together agar
and led out of the court house to tho
waiting limousine outside. Preceded
by a number of officers and. followef
by two other automobiles, carrying
guards, the limousine was then driver
back to the penitentiary where the
three men were once more placed II
their death house cells to await the
execution Of the sentence of death 2E
Gays away.
The trio chatted and laughed among
themselves on the rear seat of the cal
both on the trip to Lexington and or
the return journey to the state peni
tentiary. Only once, however, did any
of them mention the crime or the
trial. On the return trip Gappins
speaking to Kirby over Fox, who was
kandcuffed between them, remarked