Newspaper Page Text
APPEAL Of GA!PIN
One of Three Convicted o Murder of
JUSTICE GARY'S WARNING
Will Take Action Against Attorneya
Who Seek to Defeat
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
"The sole ground of appeal is that
Cures Malaria, Chills, Fever,
Bilious Fever, Colds and La
AUTO OWNAS WILL.,
TELL YOU, THE1 ONLY
CZAR~S LEFPT ARE ON~
THEi I3USY CfBOSSING8
COPYIGiIT 129 Pn .A TA~~A r/
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
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.
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
. 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
"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
Subscribe to The Times
MANNING, S. C.S
G. C. COOPER,
Glasses Fitted, Broken
SUMTER. S. C.
_ ___ u p 11 I I I .'
88c SALE 88c L F
Stop everything and atte
Saturday and Monday.
three days "Record Br
humanly possible for 88
DON'T TRY TO
Oppoite ost ffi e
Opposite Post Office.
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.
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
R. D. CL
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
SUMTER, South Carolina
M needs no
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
[ Tobacco Board .of Trade
ARK N R. D. COTHRAN