The Camden chronicle. (Camden, S.C.) 1888-1981, April 25, 1924, Image 7
?? L I I
lUCHAM CASH up MANY TIMB8
^roMkW* .ri^T Not* Ma"J.r
Caai in South Oaroliaa.
tCdmund Digram, who has had his
t use up before the courts more tirada
than any other accused in the history
?f the stato, is at last to secu& a new
triul and he will again face a jury to
answer for his alleged part in 1 lu'
laying of a family of five. His lonq:
ItcKal fight has extended over a period
?f more than three years and most of
lis battles in the courts have been
toqght out by Attorney A. I/. King,
?f Florence, alone. Recently Judge
Mendel L. Smith, of Camden, has been
associated with Mr. King, and at the
tout hearing of the case at Florence
ft created state-wide interest.
A chronology of fho various moves
m the courra has been furnished Tho
rthronfcle by attorneys for Bigham,
which is presented below, and we be
Ik-ve it will prove interesting reading
to those who have kept up with the
noted case.
Probably* between the hours of
ihrce and four o'clock in the After*
?oon of January 15, 1921, near the
little town of Pamplico, in Florence
bounty, this deplorable tragedy oc
curred.
Mrs. M. M. Bigham, the mother of
Edmund Bigham was found dead in
her back yard with a bullet wound in
fhc neck and bead. Mrs. Margery
Black was found dead in her room
to the upstairs of the house with a
bullet wound also in her head. She
was dressed and lying on the floor.
On a covered porch leading from the
*car of the dwelling Jhouse to the
kitchen, a boy of tender years, little
?John McOracken, an adopted son of
Mrs. Black was found dead with a
bullet wound in the center of the
head.
About fifty yards from the rear of
the house on a pile of straw, litt'.e
Lee McCracken, a brother of John,
also a boy of tender years, and
another adopted son of Mrs. Black
was found fatally wounded. Though
completely unconscious ne survived
until about five o'clock the following
morning. He was shot through the
1 ? I '
left wrist and head, ^oth wounds be
fng probably made by the name shot,
the left hand being thrown up, in a
defensive attitude at the time of the
fatal shot.
L; Smiley Bigham, for whose death
Kdmund Bigham wan held legally re
sponsible in the trial was found the
next day about noon. His body was
discovered on a ditch bank in a dense
woodland^ about one mile from the
house. Ire was lying on his face and
the right side of his head whs away
from the direction of the hquse. He
had received a fatal bullet wound
about the right temple, the bullet
ranging inward and forward and the
wound was powder burned around its
edges. He had somewhat loosely
grasped in his' right hand, which was
at his side, between tUe thumb and
first two fingers, a pearl handle 38
calibre pistol which, had been dis
charged, this pistol was admittedly
the property of Edmund Bigham. All
of these people, including Edmund
Bigham, his wife and two little
daughters were living in the Bigham
house. The fatal wounds were in
flicted, apparently, by a 38-calibro
pistol and were the cause of the
death of the parties in each case. ; !
It will then be seen from this de
scription that if this scene of blood
shed and horror were caused by an
irresponsible hand, it presented one
of the most pitiable misfortunes- In
the history of the state and if the
result of a criminal agency one of its
most dastardly crimes.
The generally accepted thaory at
first was that Smiley Bigham in a
moment of mental unsoundness wiped
out this family and then later took
his own life. This was the accepted
solution by a\l who viewed the hor
rible scene. Even the coroner ex
claimed: "Well, this looks like a case
of suicide to me!"
On a warrant sworn out by John
McCracken, father of the two little
boys who were killed, Edmund Big
ham was arrested, even before the
coroner's jury had rendered its final
decision.
It was stated at the time in makipg
the arrest considerablo importance
w&s attached to the affidavit of
Philip Arrowfcmith, Esq., of the Flor
ence bftr, and who was . somewhat
familiar with tha property affairs, of
the Bigham family, it being consid
ered that the property lust motive
lay at the bottom of the wholesale
slaughter. I
The grand jury of the county found
true bills and Edmund Bighfem was j
charged with the murder of each one
of these persons. On Monday, March
"I, 1021, Bigham was arraigned for
trial for the murder of his brother
S. Smiley Bigham. He pleaded "not
guilty" and has ever since proclaimed
his innocence. Motion for a change
of venue up6n the ground that^opu
lar feeling was bo intense - that Big
ham had not been able to secure coun
sel in time nor had his attorney had
the time to properly prepare his de
fense and that he coul^l not obtain a
fair and impartial trial. This mo
tion was supported by affidavits of
somo of the most prominent citizens
of Florence county. Among some of
which may be mentioned Fred Wilcox,
Henry Davis and Marshall Bridges.
This motion was over-ruled as well
as a motion for continuance beyond
the term based upon similar grounds.
The case was ordered .to. trial on the
following Thursday, March 24th. It
was given to the jury about 1:20 p.m.,
i the following monday, March 28, and
after deliberation which lasted
through the dinner recess the jury re
turned a verdict of guilty about 3:30
p.m. that day. Motion for a new
trial was immediately noted based
upon all the grounds which were in
volved in preliminary motions and
some incidents of the trial. The mo
tion was ordered heard immediately
and over-ruled.
> Edmund Bigham was sentenced to
death on April 8, 1921.
A motion was made a few days
later before Judge S. W. Gt Shipp, at
Florence for a new trial upon the
I grounds of alleged disqualification of
certain jurors and also legal miscon
duct of the jury while the case, was
being considered. This motion was
over-ruled.
At the April, 1921, term of the
Supreme Court, a writ of habeas cor
pus was issued by the Supreme Court
in its original jurisdiction With a view
of determining whether the verdict
and sentence against Edmund Big
ham was authorized. It was contend
ed by the attorneys for Bigham that
the term of the court for Florence
county had expired by 'limitation ua
law and the term of court for George
town had begun when the verdict was
rendered and sentence pronounced.
This contention was overruled.
At the November, 1921, term of the
Supreme Court, a nappeal was heard
from the judgment and conviction on
the merits of the trial below involving
the refusal of the trial judge to grant
a change of venue and continuance
asked for, certain refusal to chargo
certain instructions given the jury,
admission of certain evidence, certain
incidents of the trial and refusals to
grant motion for a new trial. The
judgment was affirmed. At this time
the court only consisted of four mem
bers. Three of whom participated in
this opini.on. The opinion was ren
dered January 20, ,1022.
In June 11)22, a motion was made
before Judge S. VV. G. Shipp, presid
ing at the Court of general sessions
for Florence county, for a new trial
upon the grounds of after discovered
evidence, Bigham largely relying
upon an alleged statement, purport'
ing to have been written by L.
fcJmiley Higham in which he declared
his intent to kill this family. The
motion was overruled by Judge Shipp,
and on appeal to the Supreme Court
his order was affirmed. At this time
the court had its full membership.
Justice Watts did not participate on
account of his illness and Justice
Cothran dissented from the majority
opinion. Justice Cothran regarded
this testimony as of "vital import"
and thought that a jury should pass
upon it.
On June 15, 1923, attorneys for
Bigham made a motion under the new
practice embodied in the Supreme
Court rules for permission to make
a motion before the court of general
sessions for "Florence County, upon
grounds of additional newly dis
covered evidence. Said motion to be
based upon the entire record of the
case and to present the question as
to whether the defendant was entitled
to a new trial in that he had toot
obtained a fair and impartial trial
and upon the ground of newly dis
covered evidence. This motion was
granted by a majority of the court.
At the terra of the court* commencing
June 18th, 1923, Judge Shipp held
that he was disqualified to pass fur
ther upon the case' and on his own
motion continued the hearing until
the next term of the court.
? At the Novomber, 1923, term of the
court, the state made a motion itself
for a continuance before Judge E. C.
Dennis, presiding judge, upon the
ground that it had been unable to
prepare its showing in reply by that
time. This motion was granted. .
Within a few days thereafter the
.state made a motion before the
Suprefne Court for an order directing
the trial judge, Hon. R. W. Merainger,
to make a report on the trial, it
being contended by Bigham that he
had not obtained a fair and impartial
trial, and on account of the presence
and attitude in and' around the couft
house of a hostile crowd of great
numbers. The Supreme Court re
fused this motion.
On April .2, 1924, a motion was
heard *>n its merits on the entire
| record before the Hon. J. S. Wilson,
.presiding judge, and a new trial
granted.
It will thus be observed that the
case has been? before the Supreme
Court in one form or another six dif
ferent times and besides the motion
for a change of venue and contin
uance four motions for new trials
have been made before circuit judges.
General News Notes
Jorge Von Forstal, veteran pearl
fisherman of Lower California, re
cently found a pearl valued at $8,500.
It weighs seventeen ? and one-half
carats:
Mrs. Margaret B. Willis iB under
arrest at Los Angeles, Cal., on the
-^barge of having killed Dr. Benjamin
Baldwin, and placing his body in to
trunk and throwing it over a cliff.
She does not deny the killing and
claims self defense. The killing took
place in the woman's apartments, ;
fTve armed bandits held tip two
truckmen near Westbtiry Long
Island, Tuesday night and Stole the
truck and its load of automobile tires,
valued at $14,000. The truckmen
were tied to trees near the roadway
and were discovered by passers-by th?*
next morning.
- i
NOTICE ,OP SALE
State of South Carolina, ***
County of Korfihaw.
Whereas, one Ford automobile
roadster, Model 1924, Motor No.
8416202, was seized and confiscated
by me on the 12th day of April, 1924,
while same was being used by O. H.
Boykin and Belton Brpwn in the
illegal transportation of alcoholic
liquors, therefore,
Notice is hereby given that 1 will
sell at public outcry the above de
scribed automobile to the highest
bidder for cash in front of the court
house door at Camden, county and
; State aforesaid, at twelve o'clock m.,
on Monday the 19th day of May,
1924 the proceeds of said sale to be
disposed of according to law.
W. L. HUNNICUTT,
April 25, 1924. Constable.
NOTlCfl SALfe
State of South Carolina,
County of Kershaw.
Whereas, one Ford automobile
touring car, Model 1924. Motor No.
8814571, was seized and confiscated
by me on the 16th day of April, 1924,
i while same was being used by Oliver
Hall and Alex Clark in the Qlegal
1 transportation of alcoholic liquors,
therefore,
Notice is hereby given that I will
Bell at public outcry the abort de
scribed automobile to the highest bid
der for cash hi front of the Court
i House door at Camden, County and
State aforesaid, at twelve o'clock m.,
on Monday tha 19th day of May,
1924; tha proceeds of said sale to be
disposed of accord in f to law.
W. L STOKES,
Coasts hie.
April St, 1SE4.
are the
j handiwork
oldest and moot
experienced workmen
in the oldest watchmak
ing firms. Almost any
watchmaker can make
clocks but it takes a
master craftsman to
wiake a standard clock.
The refining of "Stand
aid** Gasoline is also a
matter of long yeses of
experience.
Any clock is a wonderful piece
of workmanship, but ho w about
a standard clock? ? the clock
against which other clocks are
_ checked for accuracy? ? _
? kfj jr ? ?
W # ?
. . %. * #
Fifty-four years1 experience in
oil refmingv and millions of dol
lars spent in discovering new
processes have made "Standard" .
gasoline the standard of com
parison among gasolines. "As
^Standard" is a claim one
often hears. -=?
? ?
%
Yet here is a standard which
costs no more than the prod-'
ucts which aim to equal it. It
is available at thousands of
pumps. T ake the simple precau
tion of asking for it by name.
STANDARD OIL COMPANY
(New Jersey)
A definition
(g ?et up m ? uafco*
iifm ""
turf Dictionary mad
GIhe Balanced Gasoline!
?
Made m Soqtk CmUaa At Chtrletloa
yjts- r- '-<i . rs!'l / *?" ** ? " * 'i i 'V ? _ -ju
DR. THOMAS STRAIT DRAD
?
Former Coagrenaman and Superin
tendent of State lloapital.
v ?. .
Dr. Thomas Jefferson Strait, the
eldest and one of the most beloved
physicians of I>ancaster? panned away
at his homo on Chesterfield avenue
Friday night at il o'clock after an
illness extending over a period of
several months, death being due to an
ahscesH <?n the lung.
l)r. Strait was born in the I/ewis
vUle section of Chester County De
cember 25, 184G, and wus in his
year, lie volunteered at the age of
10 and served throughout the war
betweeu the section**. After the war,
he taught school in York county,
afterwards taking a coUrse in medi
cine at the South Carolina Medical
College, Charleston.
Ho moved to Lancaster in 1889 to
practice his profession and in 18^)0
^he was elected to the state legisla
ture on the Tillman ticket and in 1892
he was elected to Congress from the
fifth district, defeating John J. Hemp
hill of Chester. Ho served three
terms and was defeated by 1). K.
Finley of York. In 1910 he served
one term as senator from Lancaster
county. For four years he was super
intendent of the state hospital for
the Insane, under Blense's adminis
tration. 1 - ? ?
' When not serving his constituency,
he was ministering to his large prac
tice throughout Lancaster county,
and as the beloved physician he will
be greatly missed. No call for him
ever went unanswered and night and
day he was every ready to relieve the
sick and afflicted.
Dr. Strait was twice married, his
first wife preceding him to the grave
d nnmKnr n# wnii??t ?????? *Tr" 5;
vived .by his second wife, who was a
Miss Ruff, of Lexington county, and
two sons, a<ged six and four years.
He ft also survived by a number of
adopted sons and daughters, among
whom is Miss Clara Barrett-Strait,
the noted artist. ..
Dr.^ Strait was a member of the
A. R. P. church. Funeral services
were conducted at 4 o'clock Saturday
afternoon from his late residence, in
termont taking place at West Side
cemetery.
NOTICE
Bill Collier, the barber, can now
be found at the barber shop of
Eugene Davis, near the American
Railway Express Co. office on West
Rutledge street. Yours for service,
3-4sb (Bill) W. B. Collier.
SpurtauburK Cow New State C'hamp.
O. K. Lu Mamie is South Carolina*
new champion lioletein cow for tk*
production of butter in one year aa a
full age cow, according to the ad
vanced regiatry department ' of tha
Holstein-Friesian Association <ft
America. In the herd of V. M, Mont
gOfhery at Spartanburg this cow corn
pleted her tent with 22,692.0 pounds
milk and 806.61 pounds butterfat
equal to 1,007 poumitt butter.
Aa a con*oquence of this record she
displaces the former state champioa
Holetein cow in this class, SunnycroPt
lluttor Girl Corona, owned by H. 1).
Jordan at Ridge Spring, llcr recoHl
is 21,806.7 pOunde milk and 071
pounds butter.
Mrs. Mary K. Mack, .26, mother oi
two children, separated from Her hus
band, committed suicide by shooting
herself in a Philadelphia office build
ing Wednesday morning. Despoa
dency Vover the fact that she wm?
unable to give her children proput
attention wan given as the cause.
after every meed
Cleanses month and
teeth and aids digestion.
Believes that over
eaten feeling and aeld
month.
Its 1-a-f -t-l-n^n Bawr
satieties the eravlny lor
sweet*.
Wrlflley's Is doable
value In the henellt and
pleasure It provides.
5mU fa iu Ptuity
Packag*.
She flavor lasts i
DR M. HARKAVY
Graduate Veterinarian
Special Attention to Dogs
Office at Geo. T. UUfe's 0tobft?s
PHONB: OMm
Residence 325-W
FOR SALE OR RENT
Camden Milling Company will sell its milling plant for
cash or on easy terms, or would rent the outfit to a
responsible party along with building.
This is a good opportunity for some one.
? ; . =
a L MOSELEY
? - - *r-- *
It Can't be Done
A man who thinks he can
conduct his business with
out a bank account, is the
kind of individual who
thinks it possible to plant
cabbages that will grow
grapes.
Loan & Savings Bank
CAPITAL $100,000,0#
4 Per Cent. Paid on Savings Deposits
PUMPS ? PUMPS
v r
Spray, Well and Steam Pumps
Myers Deep Well Pumps ? Myers Spray Pumps
Myers Bulldozer Pumps
Goulds' Deep WsM Pumps ? Centrifugal Pumps
Rotary Pumps? Steam Pumps
Also Hydraulic Rams and Ptnbp
s< COLUMBIA S&PPLY COM PAN
V* 77 *
mm