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COURT DISMISSS APPEAL Of GA!PIN One of Three Convicted o Murder of Taxi Driver JUSTICE GARY'S WARNING Will Take Action Against Attorneya Who Seek to Defeat Justice Columbia, May 2.-In a percuriam order handed down late this afternoon the State Supreme Court dismissed the appeal of Jesse Gappins, one of the trio of murderers of William C. 'Brazil, a young taxi-cab driver of this city, now under sentence of death in the State Penitentiary and remand ed Gappins to the Court of General Sessions of Lexington County for re sentence some time this month. The two other convicted murder ers, S. J. Kirby and C. O. Fox have appeals before the Supremo Court, and Solicitor Callison, of the Eleven th Judicial Circuit announced that he shortly wohld request the court to dismiss them also. The appeal of Gappins was on the grounds that the grand jury which brought the true bill against him was not sworn and therefore his trial was illegal. During the course of the argu ment on the case before the court, this morning Chief Justice Eugene B. Gary took occasion to warn at torneys at the bar against bring ing appeals on trivialities in an ef fort to defeat justice. * He said that with the crime wave sweep in gthe State, attorneys who take advantage of minute technicalities were arranging themselves with the "forces of lawlessness." ie sai Ithat when criminals from other States are coming into South Carelina stealing automobiles and committing burglaries he pro posed to use the uttermost diligence in granting bail ar.d giving them no opportunities to defeat the law. "It is the duty and the province of the courts," he declared, "to do everything in their power to see that the fortress of the law and the civilization of the State are not breached by criminal advances." The chief justice issued a solemn warning fro mthe bench that if it is necessary to stop appeals on frivolous technicalities, offending at torneys would be haled before th6 Supreme Court to answer cause as to why they should not be disbarred as unfit practitioners of their profession. The killing of William C. Brazil occurred on the highway between Columbia and Lexington last sum mer. It was proved at the trial by the testimony of the accused that Brazell was hired to drive Kirby, Fox and Gappins, and that they murdered him to gain possesison of his automobile. The brutality of the crime an ithe ghastly circum stances surrounding it caused an upheavel of indignation and -several mob0)s5 attempted to lynch the ac cused mn. They were sentenced to (leatih by JTudge Thomas S. Sease at Lexington, but their executions he ve been stayedl by appeals. Trhe following is the order signed by the full personnel of the court Sthis afternoon, destroying the last lippe of Gappins: "This is an .application by the so licitor of tile Eleventh circuit, un decr rule No. 30, to (dismiss tihe ap j)eal in tile above statedl sase, upon tile groundl thlat the exceptions ab)ove are manifestly withlout imeri t. "The sole ground of appeal is that 666 Cures Malaria, Chills, Fever, Bilious Fever, Colds and La Gr'ippe. AUTO OWNAS WILL., TELL YOU, THE1 ONLY CZAR~S LEFPT ARE ON~ THEi I3USY CfBOSSING8 IN TE CITIES. COPYIGiIT 129 Pn .A TA~~A r/ ntastou I Mn er~isU, otherwise vigorous and healthy* are - bothered occael~nally With . In4gestion. The effects of a disordered stomach on the system are dangerous, and " prompt treatment of indiges tion is Important. "The only medicine h aus needed has been something to aid diges tion and clean the liver," * writes Mr. Fred Ashby, a McKinney, Texas, farmer. * "My medicine is * Thedford's BLACK-DRAUGHT Ifor Indigestion and stoepeeb fl trouble of any 14Iad. I bave never found anyt that " touches the spot, like *lkok" Draught. I take it In bren domes after meals. For a long 0 time I trie4 pills, whtoh grip. " ed and didn't give the good results. Black-Draught liver. * medicine is easy to take, easy to keep, inexpensive." Get a package from your druggist tonay-'Ask for and insist upon The?r.'the only genuine, . Get it today. Candidates' Cards FOR PROBATE JUDGE I hereby anounce myself a can didate for the office of Probate Judge for Clarendon County subject to the rules of the Democratic Primary. If elected I promise a faithful adminis tration. . C. H. MATHIS. it does not. appear from the record in the oice of the clerk of Court of General Sesisons of Lexington County that the grand jury which found the true bill against the de fendant was not sworn. Aside from the well established rule that all things are presumed to have been done regum.. ly unless the contrary appears, which would alone be suf ficient- to show that the appeal is manifestly without merit, the au thorites are overwhelming that a motion to quash . the indictient upon such ground must be made be fore plea and trial on its merits. (See State vs Boyd, 59 S. C., 382; State vs. Edwards, 68 S. C., 318; State vs. Smalls, 73 S. C., 516.) "In the case of ex parte Wilson, 140 U. S., 575, it is said: "A defect in- the construction or organization of a grand jury which does not prevent the presence of twelve competent jurors by whose votes the indictment is found, and which could have been cured if the attention of the court had been called at that time, or promptly remedied by the empanel of a comn petent grand jury, is waived. It' the defendant treats the indictment as sufficient, pleads not guilty and goes to trial on the merits of the charge.' "The motion is therefore granted astl-the a'ppeal dismissed. s "It is further ordered, that the case be remandedl to the Court of General Sesisons of Lexington County for the pupose of having a new (lay set for the execution of the sentence which has heretofore been imposed. Let the remitittur be forthwith transmitted to the clerk of the Court of General Sessions of Lexington County." Subscribe to The Times FELIX BROWN Undertaker Colored Opposite Planter's Warehouse MANNING, S. C.S G. C. COOPER, Licensed Optometerist -EYES Carefully Examined, Glasses Fitted, Broken Lenses Duplicated. Satisfaction Guaranteed. SUMTER. S. C. _ ___ u p 11 I I I .' 88c SALE 88c L F Friday, Saturd ;5th, 6t Stop everything and atte Saturday and Monday. three days "Record Br humanly possible for 88 DON'T TRY TO Oppoite ost ffi e CENT DAYS Opposite Post Office. 666 Cures Malaria Chills and Fever, Dengue or. Bilious Fever. It kills the germs, BLOOMVILLE DEMOCRATIC CLUB All members of the Bloomville T o b l Democratic Club are hereby called to meet at the store of F.: C. Thomas at Bloomville, S. C., on Saturday, May 20th, 1922 at four o'clock in the afternoon. The purpose of said meet ing being to re-organize and elect the Wil Jp necessary officeers of the Club. By or der of the Executive Committee. S. OLIvERL O'BRYAN, 18-2t County ChairmianA May 3, 1922. NOTICE OF DISCHARGE I will apply t6 the Judge of Probate for Ciarendon County, on the 29th day of May, 1922, at 11 o'clock a. mn. for Letters of Discharge as Guardian for W thau Lucille Johnson, formerly a minor. William Johnson, pd. 'Guardian. New Zion, S. C., April 26, 1922. of the larg< Farmers Exchange report thai FOR SALE--Pure Bred S. C. R. I. thosewh Red Eggs, $1.60 per setting of 15. Pure B.e S. C. R. I. RdBaby Chicks i5e a piece. J. C. DuRant, ~41 __A __S.C__ system tl PUREBRED dark Cornish Game eggs from prize winning stock at $2.00 g -* er fifteen. Mrs. H. W. Cole, Tur- bu e1 ii eville, S. C. FOR SALE--4 blooded Jersey Cows with young calves. Several beef oh r o cattle, 500 bushels of corn on egr, cheap for cash. Lot of Bunch Vel vet Beans and Running Velvet ton Bean Seed. L. B. Sports, Summer ton, S. C. FOR SALE-75 bushiels of corn in the Holliday, Mnning No* 1.S.P FOR .SALE--25 bushels Brabham Rant, r., Alcolu,~ . C. D- T ya d r FOR SALE-Shelled Spanish Pea- M n ig nutst10 cents per pound. Morgan vet Beans. $1.50 per bushel. R. ~O hugh elser Sutmrton CHICL~L,~8 Mannin R. D. CL -3 Y 88c r8 -' -.' ay, Moncay, *fay, Fzand 8th. . nd our big 88c SALE, Frid~y We are going to make these.. eakers" by giving the most GET HERE-BE HERE [RD'S88. CENT DAYS SUMTER, South Carolina MANNING hich will M needs no icco Ma mn for 'the 'Sale of To rimect uist 8th, 13 I corps of buyers, representin al a companies-nnotwithstanding the is being circulated by some of are opposed to the warehouse Tiat Manning will not havi any Sseason." This report, like some have heard is without founda tobacco will sell well this season. take good tobacco and sell it in 'Pay no attention to thew ca i-hear. [ Tobacco Board .of Trade ARK N R. D. COTHRAN