Historical Newspapers of South Carolina

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. *yr •tfr/ --——- ■ ;—< — r— rw-= v-.V" . T . -'- : ,yt> ■ ■ . .. ^' > - y-i .i- ■■ ,v ..tv.. Ki : BEFORE COURT • —- • • ■ Arguments For Florence County Man Heard For Sixth Time, New Argu ments Presented. SSSBl mr-£-T - supreme court, this appeal serving to the stay Hie execution of the sentence/ of to eadh ' 'death. While Edmund Bigham stands con victed of the murder of his brother, he is also charged with killing his mother, Mrs. M. M. Bigham; his mar- tenced to death. & I / > 4 t 'i r Columbia, Oct. 12—The Edmund Bigham murder case, which has been more or less in the public eye since January 1921, when five members of the Bigham family, residing in Flo rence county, were found dead or dy ing, was argued again in the state^ supreme court yesterday, this being* the sixth time that, the case has been before a tribunal. While it is, <^f course, not known* when the supreme court will hand down a decision on th‘& Appeal, heard yesterday, the opin ion was expressed that the case would be given rigbt\of\way and a decision rendered in a short time. Mendel L. Smith, Camden, and A. L. King, Florence, attorneys for Big ham, argued the case, answers being ■s made' by Solicitor L. M. Casque. P. H. Arrowsmith, also an attorney for the state in‘the case, was absent at the hearing and it was said later that he ha<£ been detained in Baltimore because of ther'illness of his wife and wab not able to reach the court room in time to take part in the hearing. When he arrived at the court the ar guments had been concluded. ' Judge Mendel L. Smith, in opening * his argument, called attention to the dramatic qualities of the case and told of the death on the witness stand of A. J. Steele before he had been cross-examined by % the defendant’s attorneys. It was argued that the judge erred in making this evidence a part of the record of evidence in the case. He also contended that one im portant feature .of Steele’s testimony that he had seen a bloody hand print on a wall in the Bighatp home was prejudicial to the case of the defense because the defense was not given the opportunity to have the witness state whether the print was of a left hand or right hand. Bigham, Judge Smith said, has no left hand. Judge Smith also contended the testimony of Mr% Ola Kirton was in admissible on the ground that it was “hearsay.” Mrs. Kirton testified she had a conversation with Smiley Big ham in which Smiley said something about Edmund having talked of “kill ing us all.” Various other features of the case were discussed by Judge Smith. * A. L. King, attorney for the de fense, held that Bigham’s second trial had not been a pew trial because testi mony entered in th^ first trial had been enlarged and resubmitted. Al though prejudicial testimony might have been stricken from the records, it remained in the minds of the jurors __who heard it, he said. He directed at tention to the state’s theory of the case, which he said was that Edmund Bigham killed his family in order to gain possession of property held by them. He contenddS that none but Mrs. Black had any interest in the property. In closing his argument Mr. King Spoke of the danger of over whelming the jury with stories of blood and horror painted for them by members of the prosecution. Solicitor L. M. Gasque in presenting the state’s arguments referred to the death of Mr, Steele on the witness stand, contending that the defense had failed to move for a mistrial or that Steele’s testimony be stricken from the records at the time of the witness’ death. Asked by Associate Justice* Watts to explain the questioning of Bigham concerning the death of a negro in Georgia whose body was found with a nail driven through one ear and for whose murder Bmiley fca& been tried and acquitted Solicitor Gasque replied that the state was following the lead of the defense who had “let the baxS down” in examining into the charac ter of state’s witnesses. The suicide note, purporting to have been written by Smiley and introduced into the evidence by the defense, was typewritten and contained one mis spelled word, “plats” being spelled “platts,” an error that Smiley, being an engineer, would not make, accord ing to Solicitor Gasque. This note and the pistol, said to have been found 'in Smiley’s hand, were turned over . to the court. — Solicitor Gasque contended that the agreement of two widely separated juries on the same verdict attested to the fairnqss of both trials. , In rebuttal, Judge Smith stressed bis objection to having the testimony of a sheriff, introducing in the death of the Georgia„negro, as extraneous. The sheriff had testified that he had trailed hoofprints from the scene of the killing: to Edmund Bigham’s house The Bigham appeal in book.form covers more than 500 pages. Thirty-seven exceptions to rulings by the trial judge at the last hearing of the case at Conway in October, 1&24, are noted. These exceptions, in tbe main, hinge around the rulings of • the court in the admission of testi mony relative to the deaths of other members of the Bigham famjly, whose slaying are laid at Edmund Bigh&itft door. The Bighnm case has long been be fore the courts. 'Jwo South Carolina juries have heard* Edmund Bigham’a story of the death of his Mother, Smiley Bigham, ‘and twice they have brought in. verdicts of murder. Three times Edmund Bigham hm stood be fore judges and ueerd them solemnly pronounce the, sentence condemning ried sister, Mrs. Margiq Black; and Leo McCracken and John McCracken, adopted children of Mrs. Blq£k! \ The Bigham family was practically wiped out January 15,1921. The mem bers of the family were shot through one bullet being with the except of Mrs. Bigham, who was shot twice. Edmund Bigham was tried on the charge of killing Ms brother, Smiley, guiitr and was found and was sen- An appeal was taken T tc the supreme court, was lost, an<) as bam was gi tober, 19*4, after having spent nearly 27 months id the death house at the penitentiary, he again faced a Jury— this time in Horry county. Again he was convicted and sentenced to die in the electric chair. Another appeal -7— 1 1 the date originally aot for the execu- wmWi ; ^ the me ^ >nd tion had passed, he was again senten- ,. , ,. , ced to die. ✓ was this appeal which was before the Still another appeal was taken to highest tribunal of the state yeeter- the supreme court and Edmuqd Big- day. „ w fCtoton High Plays Woodruff Tomorrow] The Clinton Hi football squad goes to Woodruff Friday to play the hefty Woodruff Hi warriors. The game promises to be a good one, for Wopd- ruff has one of the best teams in the upper state. The local team is in good condition and Coach Lever ex pects nothing but victory. ANT Ants—or money refund ed. Two sizes, 25c & 50c, SADLER-OWENS PHARMACY AT UNION STATION \ Back Df A Good Name- Rarely in manufacturing history has a name entrenched itself so firmly in the confidence of the entire world as the name Dodge Brothels. 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