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BIG II AM GETS NEW TRIAL (Continual on last {'age) house. Ho was lying on his fact' and the right side of hit head was away from tho direction of the house, He had received a fatal bullet wound about tho right temples the bullet 'ranging 'inward and forward, and the wound wan powder burped around it* edges. Me had somewhat loosely grasped in His right hand, which was ?t his side, between tin- thumb', and first two fingers, a pearl handled :J8 calibre pistol which had been dis charged; this pistol whs admittedly the property of the accused. All of these people/ including the accused, his wife and two little daughters were living in the Iligham house. The fatal wounds, were -inflicted, appar ently, l>y a :W-cali|>re pistol and weVe the cAuse of the death of tho parties in each case. It will thus be seen front this <k" scription that if this scene of blood r shed and horror were caused by an irresponsible hand, it presented one of the most pitiable misfortune.* in the history of, the state and if the result of a criminal agency one of its most dastardly crimes. The generally accepted theory 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 all who viewed the hor rible scene. Even the coroner ex claimed: "Well, this looks- like a citse of suicide to me!" * - On a warrant sworn out by John Mct'racken, . father of the two little boys who were killed, the accused was arrested, even before the coroner's jury had rendered its final decision, j In the motion for a new trial a vig orous attack was midc on the char acter of John MeCracken, affidavits being offered to show that he was a bigamist and unworthy of belief. He did not deny it. He was a state wit -ness at the trial. It was stated at the time in making the arrest considerable importance was attached to the affidavit of Philip H. Arrowsmlth, Ksq., of the Florence bar, and who was somewhat familial" with the property affairs of the Bigham family,* it being consid ored that' the property lust motive lay at the bottom of the wholesale slaughter. The grand jury of the county found true bills and the accused was charged with the murder of each one of these persons. On Monday* March 21, I02lt the accused was arraigned for trial before Hon. If. W. Memminger, for the murder of his brqthfer, S. Smiley ftigham. He pleaded "not guilty and has ever since proclaimed his innocence. Motion for a change of venue upon the ground that popular feeling was so intense that the ac cused had not been able to secure counsel in time, nor had his attor neys had the time to properly pre pare his defense and that he could not obtain a fair and' impartial trial. This motion was . supported by affi davits of some of the most prominent citizens of Florence county. Among some of which may be mentioned Fred Wilcox, Henry Davis and Mar shall Bridges. This motion was over ruled as well as a .motion for con tinuance beyond the term based upon similar grounds. The case was or dered to trial on the following Thurs day, March 24th. It was given to the jury about I .110 p.m., the fol lowing Monday, March -8, and after a deliberation which lasted through ?he dinner recess the jury returned a verdict of guilty about p.m. that day. Motion for a new trial was immediately noted based upon all tho grounds which were involved in pre liminary motions and some incidents of the trial. The motion was ordered heard immediately and overruled by Judge Memminger. The accused was sentenced to death on the eleventh day thereafter namely, April 8, 1921. Motion was made a few days there after before Judge S. W. G. Shipp, at Florence for ;? new trial upon the grounds 'f a.ieged disqualification of ? ertain jurors and also legal miscon duct of tr.e jury while the case was being con.v.de* ?*!. Tbi- motion was verruled. \ . :he \; . I.eJl, {. -n -he | Supreme Court, a writ of habea? ! corpus was Issued by the Supreme Court in its original jurisdiction wityt a> view of determining whether the verdict and sentence against the ac cused were authorized. It was con tended by the attorneys for the ac cused that the term of the court for Florence County had expired by lim itation of law and the term of court for '(!???. i ,?c town .had begun when the 'verdict was rendered and sentence pronounced. This contention w?? overruled. V the VA.'.nbo. m u ^rvn of tho Supreme Court, an apj >eal was heard from the judgment and conviction on the merits of the trial below, involv ing the refusal of tho trial judge, to grant a change of venue and contin uance asked for, certain refusals to , charge, certain instructions giv,en the j jury, admission of certain evidence, 'certain incidents of the trial and te ' fusal to grant motion for a new trial. 1 The judgment was affirmed and the opinion will be found in 119 S. C.. 368; 112 S. E. 332. At , this time the court only consisted of four members, three of whom participated ! in this opinion, the opinion w&s | rendered January 26, 1922. A petition for a rehearing was filed February 2, 1923, but thereafter de nied in a per curiam or<\er. j On June 9th, 1922, ^-motion was \ made before Judge S. W. G. Shipp, 1 presiding at tho Court of General t Sessions for Florence county, for .a ' new trial upon the grounds of after ! discovered evidence? the accused largely relying upon an alleged state | ment, purporting to have been written ! by L. Smiley Bigham in which ho 1 declared his intention to kill this | family. The motion was overruled ! and accused sentenced to death; on appeal was taken to the Supreme Court on September 1, 1922, the Soli citor moved to dismiss the appeal under Rule 30, Supreme Court rules. ; The court refused this motion in a per curiam order of date, September 3, 1922. The order of Judge Shipp was affirmed. At this time the court had its full membership. Mr. Justice Watts did not, participate on account of his illness and Mr. Justice j Cothran dissented from the majority | opinion. This opinion was filed April . 3, 1923 and will be found in 117 S. E. 57. Mr. Justice Cothran regarded I this testimony as of "vital import and thought that a jury should pass upon it. On May 17, 1923, attorneys for the accused mado a motion under the new practice embodiod in Rule 30 of the Supreme Court Rules, for permission to make a motion before, the court of general sessions for Florence j County, upon the grounds of addi-j tional newly discovered evidence. Said motion to be based upon tho entire record of the case and to pre sent the' question as to whether the defendant was entitled to a new trial upon the following grounds: (1) That I he had not obtained a fair and im partial trial and (2) upon the ground of newly, discovered evidence. This motion was granted by a majority of the couit in a per curiam order filed June 16, 1923. At the term of the court commencing June 18th, 1923, .Judge Shipp held that he was dis qualified to pass further upon the case and on his own motion contin ued the hearing until the next term of 'the court, by formal order of date, June 23,-1923. At the November, 1923, term of the court, the" state made a motion itself for a continuance before Judge E. C. Dennis, presiding judge, ,upon tho ground that it had been unable to prepare its showing in reply by that j time. This motion was granted. Within a few days thereafter tho state made a motion before the Su preme Court for an order directing the trial judge Hon. R. W. Mcmmin ger, to make a report on the trial, it being contended by the accused that he had not obtained a fair and ! impartial trial, on account of the presence and attitude in and around the court house of a hostile crowd of great numbers. The Supreme Court refused this motion on November 12, 1023. - 1 i on \pr,. 2, 192 1. a motion was j hi ani '>n it- merits on the entire i re ord before the Hon. J. S. Wilson.1 F or Sale Delta I yp<' long staple seed grown from best strain No. 4. The cotton from these seed puljed full quarter to five-sixteenths last year. Also Dixie Triumph wilt resistant and Salsbury. Can highly recommend all these seed. Special quantity price. J. L. MOSELEY, 'Camden, S. C. presiding judge, and a new trial granted on April 3, 1924. On June 16, 1924, Judge Shipp granted a motion for a change of V9QU6 from Florence to Horry county. On Septt nihi r 'J5, 1924? the trial began at Conway before Judge H. F. Rle?> And ! a .-?tf<l until October 7, 11)24, wh<jn he was convicted and sentenced to death. Case heard on appeal by j Supreme Court October 12, l'.?~.r>. New trial granted February 1, 11K20. It will thus be observed that the cane has been before the Supreme Court in one form or another eight different times and besides the mo tion for a change of venue and con tinuance four motions for new trials have been made before circuit judges, Carnival at Blaney School On the evening of Lincoln's birth day, February 12, beginning at, 7:80 o'clock the faculty of the Hlancy high school will give a carnival for the benefit of the school library. Many stunts and entertainments are on the program and an evening of fun is as sured to all who come. Refreshments will also be served. Ten big free acts will be given in the school audi torium consisting of songs, mono logues and plays. Many attractive booths will also be a part of the show. An admission fee of ten cents will be charged. Everybody is invited and do not forget the date ? Friday night at 7:.io; - Vesper Services The Women's Home Missronaiy ciety of Babcock chapel, Browning Home, will on each Si^nday in this month at 4 p.m. have vesper services in Babcock chapel. There will be folk songs and readings by students of Mather academy. Visitors and citizens of Camden arc invited to at tend these services. Death of a Child The relatives and friends of Mr. ar\d Mrs. W. A. Marshall, of this city, sympathize with them in the death of their young son, Jame?, which oc curred at the Camden hospital Sat urday morning, his death being caused by pneumonia. The little boy was three years and nine months old. The funeral and burial occurred at Wateree Mills church and cemetery on Sunday afternoon. Special Meeting Kershaw Lodge A special communication of Ker shaw Lodge No 29, A.F.M., is an nounced by F. D. Campbell, for Thursday evening, February ll, at which time the K.A. degree will be conferred. LOVERS OF SPORTS INVITED To Attend Joint Committee Meeting In House February 1 0th Chief A. A. Richardeon, of the State Game Department, has written the following letter to Mr. James Sheorn, the eounty game warden, with the request that same be pub lished. The letter is self-explanatory: "Senator S. W. Ward, chairman of the Fish, Game and Forestry Com mittee of the Senate and Hon. C.* D. I^ee, chairman of the Fish, Game and Forestry Committee of the House, have agreed to hold a joint meeting of the two committees in the senate chamber at 3:30 p.m. Wednesday, February 10, 1926. This meeting is for the purpose of hearing sportsmen and believers of wild Tife protection from all sections of the state. In or der that we may get better game anJ fish laws and more and better pro tection, I trust that every section of the state will be well represented. It is to the interest of each and every section to be represented and to be heard before the Committees. Con ditions vary in the different sections, nevertheless a law must be state-wide in order to be constitutional; there fore. *'ach section must be willing to give and take in order to satisfy the majority and wisely protect our wild life all over the state. "If your immediate section is not heard from, your local conditions will remain unknown to our law makers; so, every true sportsman should be on hand, and let's all pull together, with no selfish idea.", but looking only to the needs of our wild life that i a unable to speak for itself. "Wo especially invite cur friends who write so much in the newspapers but who never furnish us with the names of violators they writo about.'* FINAL DISCHARGE Notice :s hrreby given that Mr. Albert L. Sawyer, through his attor ney, Mr. L A. Kirkland, hiu this day ; made application unto me for a final | discharge as Fxccutor of the Will of I Frank S. Hamlin, deceased, of Havern ; hill, in the County of Essex and Com monwealth of Massachusetts, and of Camden, South Carolina, and that Monday, March 8th, 1926, at II o'clock in the forenoon, at the Pro bate office 'in 'Camden, South Caro lina, has been appointed for the hear ing of aaid petition. All parties, if any, having claims against the said estate will present then* duly attested to the above named attorney on or before the date set for the hearing or be forever barred. w. l. Mcdowell, Judge of Probate Kershaw County Camden, S. C., Feb. 4, 1*2?. We will continue this sale for another week as we know many of our patrons didn t get here last week owing to unfavorable weath er. What you will save on even small purchases will be decidedly worthwhile. Ladies' Felt Bedroom Slippers assorted colors and sizes with pompom toe, special; pair 75c ? Women's, - 'bathrobes,, heavy weight robing, assorted sizes and colors, special ...... $2.95 30-hour alarm clocks, guaran teed for one year, special $1.00 Stamped pillow cases, made from extra good quality pil- , low tubing, hemstitchel styles, for embroidery, spec., pr. $1.00 Outing Gowns, made from good quality outing, assorted sizes, pink and blue stripes, special each 95c 81x90 Double bed sheets, free o ? from dressing, spec, each $1.00 ? 27-inch Cheviots in plaidsr and checks, assorted colors, special yard , 13c 36-inch heavy Outing Flannel, solid colors, stripes and checks Special, yard . . . - 21c 36-inch Wool Serges, brown and navy, special yard . . . 89c Apron Ginghams, small and medium checks, fast colors, special, yard 9c 36-inch Percale, guaranteed fast colors, including solid colors, stripes, checks, etc., Special, yard 22c Ladies' high top shoes, low rubber heels, special pair $2.75 48-inch Table Oilcloth in white and colors, Special yard . . 25c 500 New Spring Hats, includ ing- White Felts, Straws, etc.. Values $1.95, choice . . . . . $1.00 All fall and winter dresses in cluding Satins, Silks, Wool, etc., at exactly half price. ALL WINTER Coats 1-3 OFF Gingham house dresses, as sorted styles, some with .long sleeves, special, each .... $1.00 ' * Dress Ginghams, checks, etc., .? ? ? assorted colors, special yd. 8c 36-inch Bleached Muslin, good weight, special, yard ... 12l/zc 42x36 Pillow Cases, good qual ity cotton, hemmed, special each ? , 25c . vf Men's blue chambray ^shirts, assorted sizes with pockets and collar, special, each , . 69c Men's dress Shirts, made from good quality percale, all sizes and colors, special ...... $1.00 Men's heavy weight Union suits, special $1.25 Boy's Heavy weight Ribbed union suits, assorted sizes, special, each . . 89c Men's Blue Denim Overalls, sizes to 48, special, pair . .$129 Men's dress shoes, tan and black, assorted sizes and styles, per pair $1J)5 Boys' school pants, including corduroy, etc., assorted sizes, choice $L00