The Horry herald. (Conway, S.C.) 1886-1923, June 08, 1922, Image 7
WILL EXAMINE
1 MAN ARRESTED
White Plains, N. Y.?Examination
>f James J. Cunningham, a race track
follower, arrested in connection with
;he killing of Clarence Peters under
nysterious circumstances that have
.nvolved Walter S. Ward of New Ro:?fclle,
was planned by District Atjorney
Weeks.
Cunningham, after a three-hour
Conversation with the West Chester
sounty authorities in New York, was!
Arrested as a material witness. He
stated the man wounded by Ward
11 the battle following attempted
>l4ckmuil, has been taken to his mother's
home and that the man toid him
ibout the blackmail plo$ to force
noney from Ward several days be'ore
it occurred.
Detectives are searching for Ihe
vounded man, whose name, as well
is his probable hiding place was repealed
by Cunningham, according to
he authorities.
The arrest of Cunningham revived
tories of plunges made by Ward at
furious tracks and his acquaintanceship
with many well-known horsemen
and gamblers. One story was
mat Ward disappeared some time ago
ind that detectives sent oat to find
the missing man discovered him at a
;<?Ce track near Baltimore.
Details* of the information West
"hester county authorities were able
0 force from Cunningham have been
withheld by Mr. Weeks and sheriff.
)utside of the brief statement of the
||rrest and the fact that Cunningham
;td told the wounded man's name,
ic only comment by Mr. Weeks was
lat Cunningham had not been at
Hie scene of the shooting, according
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I
BIGHAM MOTION
SET OH fRIDAY
Letters on Which Motion For
New Trial is
Based
The next big chapter in the Bigham
case will be written on Friday, when
Judge S. W. G. Shipp, in criminal
court in Florence will hear a motion
of A. L. King, attorney for the defense,
to give Edmund D. Bigham a
new trial on the charge of diaving
killed his brother, L. Smiley Bigham.
The motion will be on the ground of
after-discovered evidence, which would
tend to show that L. S. Bigham killed
himself, instead of being killed by
Edmund, and further that L. S. killed
their mother, their sister, and her
two adopted children, for whose murder
Edmund is also indicted.
Formal notice was given by the defense
to L. M. Gasque, solicitor of
the court, of the approaching contest.
At the same time the defense filed
with him a copy of the letters, aflidavits
and other data, which will he
olVered to the court as after-discovered
evidence. Mendel L. Smith of Camden
is expected to assist the defense
in arguing the motion for a new trial.
Chief among the letters, all of
which are contended by the defense to
have been written by Smiley at P/.implico
to' Edmund in south Georgia, is
the following:
"Mother and Margie had the two
signed deeds that had disappeared in
Iheir possession. Causing trouble
seems to be their pleasure. They took
the money that the P. O. department
lias me charged with and were the
cause of Cleveland running oil'. And
1 had to pay the bond. For years I
Ivive had to leave home and pay board
to bo in peace to make my calculations
and plats.
"They poisoned father and tried
to poison Leatha's child after her
death. When 1 wound them with the
deeds I decided to kill the last one
of them and leave no one to tell the
tale.
"I am writing to explain why I
.lid this act. You will never see me
ag/iin alive. "L. S. Higham."
This letter is one of a series which
.vere written during the summer and
early fall o'" 11)20, leading up to the
return of !\d:nund to Pamplico in the
fall of that year. This particular
j letter does not hoar any date, though
all the? others hoar dates tmougn
.June, July and August, possibly some
ol" them being in September also. All
of them arc typewritten and signed
in ink, as L. S. IJigham.
At the same time the defense is
oll'ering a number of affidavits, which
would tend to substantiate the letters
and the statements contained in them.
As to the genuineness of the signature
of L. S. Higluim, compared to
signatures of L. S. Bigham on his
paid checks, the defense has the sworn
opinion of C. W. Wilkinson, agent at
lVunplico for the Seaboard Air Line
Railroad, who says also that Smilev
frequently used his typewriter at the
office; l'i. M. Singletary, clerk of county
court, who says he believes that the
person who wrote the signature on
the checks also wrote signatures of
the letters; a local bank official, who
passes the signatures as genuine; J.
It. Connatser, principal of the comrER
F
= Flat Opening ?
rOU EVEI
OR ONLY $1.0
pes?-Any Kind to 5
:i BUSY LAWYERS f*
IS *
n j AND IS mi 1 {
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if BUSINESS IN L
liat will hold paper
get at their content
the best ever made.
ALD S
THE HORRY HERALD, CONW
mercial course in Draughan's Business
College in Columbia, who says
unqualifiedly that the signatures of
?he letters appear genuine to him;
William M. Gibbs, cashier of the Palmetto
National Bank in Columbia,
who says he would give great weight
to the opinion of Mr. Connatser; H.
M. Pleasants, cashier of the Farmers
and Merchants Bank of Pampfico, who
says the signatures on the canceled
checks are genuine.
In supporfHjf the sentiment Expressed
in the letter, which is published
herewith, Mr. King has an alli|
davit from J. G. Miller, formerly of
DommIUA ...?K.,4. n.:.
v?iv *. fuiif/nvu nut IIU W ill Ull>
vicinity, to the effect that in the fall
of 1920 Smiley cursed all his family
and threatened to kill every one of
them. He recites that he had bargained
with Smiley to buy a sawmill
and met him in Florence a few days
later. On meeting Smiley, Mr. Miller
says that Smiley appeared greatly
agitated and angered and without
waiting for any preliminaries, said,
"I can't sell you that mill, Mr. Miller.
My people are trying to steal everything
I have and I am going to kill
every ? one of them." Mr. Miller
cautioned him and admonished him,
he says, but says further that Smiley
showed he was deadly in earnest and
under stress enough to carry out his
threats. Mr. Miller did not volunteer
this information and affidavit to the
defense, but the information came
through another source and Mr. King
hunted him up.
Also, there is an affidavit from Jim
Cain, oro'her of Bogan Cain, who
married the sister of Edmund and
Smiley Bigham. He re'ates that just
after Edmund had returned he met
Mrs. Margery Black, the murdered
sister, and she told him, "Oh yes, we
had to send for Edmund to come bark
Tor protection" from Smiley, whom
he swears was addicted to the use of
intoxicants and in his sprees was very
dangerous.
Hicham was brought hack to
Florence on Saturday afternoon. He
is now in the Florence county jail,
where his wife caller! to see liirn.
Mr. Kind's attorney said that Fdmund
had told him during the trial,
of those letters, hut that they had
been unahlo to find them and therefore
did not mention them to the
court. The letters were not taken
care of and happened to survive merely
through chance than for any other
reason, as Fdmund says in an alTiclavit.
All tho letters reflect a muddled
condition of affairs at the Bigham
home near Pamplico about the time
they were written.
After receiving the notice of the
defense in Bigham's .case to try foi
a new trial, the solicitor immediately
associated with him a number ol
I'loi'cnco attorneys, whom he has
asked to assist him in handling the
hearing on Friday of the motion. Me
has indicated that he will make the
hittoresl fight yet to sustain the verdict
which the state has procured
against Fdmund. One of tlie attorneys
associated with Mr. Gasquc
made the following statement:
"The solicitor states this is the
poorest attempt ever brought to hi
attention in an effort to get a new
trial on after-discovered evidence since
he has been solicitor. As a mattei
of fact the record shows the desperate
efforts of the defense to obtaii
a new trial and the affidavits show
on their fact it rs not after-discovered
evidence in any sense as alleged. The
letters alleged to have been written
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'AY, S. OJUNE 8, 1922
by L. S. Bigham were in tlie possession
of Edmund before the trial.
They were mentioned to his attorney
and they apparently made a half-J
hearted search for them.
"In the opinion of the solicitor there
is really nothing1 whatever in the record
to indicate the letters are genuine,
when every circumstance in connection
with the matter negates this
idea. The requirement pF the law
that a man desiring a new trial upo^
after-discovered evidence is' that he
should exercise due diligence in obtaining
evidence and presenting it to
the court, and in this connection Mr.
King's affidavit is to the effect that
he received the letters on April 12
and his notice of intention to move
for a (new trial was served only recently
on the solicitor, at :i time when
h e is confronted with the heaviest
criminal docket on record. The solicitor
further says that the defendant,
Bigham, testified on trial in substance
what he now contends his deceased
brother wrote him, and this evidence
is purely cumulative. He expressed
his confidence that the judgment of
the lower court, already affirmed by
the supreme court, will not be upset
by any showing which the. alleged
after-discovered evidence may make."
SUMMONS FOR RELIEF
(Complaint served.)
.State of South Carolina, county of
Horry, in the court of common pleas.
Merchants National Hank of Kaleij>'h.
a corporation, plaintiff, vs. John
A. Bell, Viola V. Bell, Thomas Bell,
Helen G. Bell; Stone Company, a corporation;
Butler Bros,, a corporation;
Conway Savings Bank, a corporation,
and American Bank & Trust Company,
a corporation; R. L. Bell, ,J. I,. Bell
and O. J. Hell, co-partners as Bell
Bros., defendants:
To the defend/ints above named:
You arc hereby summoned and required
to answer the complaint in this
action, of which a copy is herewith
served upon you. and to serve a copy
of your answer to the said complaint
on the subscriber or subscribers ai his
<>i- their office at Conway, South Carolina.
within twenty days after the
service hereof; exclusive of the day
of such service; and if you fail to
answer the complaint within the time
aforesaid, the plaintiff in this action
will apply to the court for the relief
demanded in the complaint.
Dated Mav <?, A. I). l!*22.
H. H. WOODWARD,
Plaintiff's Attornev.
^ W. li. BRYAN, C. C. C. I\
To John A. Bell, Viola V. Bell, Stone
Company, Butler Bros., and American
Bank & Trust Company, absent
defendants:
Take notice that the complaint in
the foregoing stated action and the
, summons, of which the foreti'oin^ is
, a copy, were filed in the office of the
, clerk of the court of common pleas
in and for Horry county, at Conway,
S. C., on the 2nd dav of June, A. D.
' 1022.
W. L. BRYAN, (L. S.)
C. C. C. r.
H IT WOODWARD
j (>-S-3t Plaintiff's Attorney.
TOO MUCH RAIN
; CAUSES BLUES
Lands Not Naturally Drained
I Show Bad Effect on
Tobacco Crops
r
The rains which have lasted for
more than a week have done untold
damage to some of tlie growing crops
of tobacco, corn and cotton in this
county.
Tobacco on lands not well located
as to natural drainage has been damaged
to such An extent on some farms
that it may not recover from the flood
in time to make a crop worth gathering.
This condition does not prevail
in all sections. While the situation
is gloomy for a number of planters
where the lands are low and not well
drained, the crop as a general thing
is either untouched by the excess
moisture or it will quickly recover
and is likely to make good.
On some farms the damage has
been done in spots. This has occurred
where hills and valleys make 'up the
farm. Last Sunday there was a great
difference in the appearance of the
tobacco in different ends of the same
field plantations as it was wilted down
in one end of the fields and appeared
to be in perfect condition in the other
end.
I'erhaps the most of the damage
has l)oeti done to the growing tobacco.
Corn and cotton will recover the more
quickly from too much water in the
soil.
Last week the work on the farm
BOY WANTED
Somewhere in this town is one
!bo> who is a "go-getter" spirit,
full of grit and ambition, and
absolutely honest. We want that
boy. He will l>e the only boy
a^ent in this town for the famous
M )VIK \\I0KKLY MAC \- j
/I Ml. lio will work after
school and other spare time.
His pay will be what he makes
j*; besides f'.ne prizes and Free
Movie Tickets. When he makes
good he will be promoted. If
you are bet worn 1 1 and 19 years
old, determined to "make good"
ami truly think you are the boy
for this job, then apply by^ letter
to Mr. 10. L. Gilbert, "Personal,"
3rd floor, 119 West 40th
Street, New York City. (live
full details of any past selling
experience; your age; parent's
full name and busine S"! your I
school grade and at least two
references.
9
TO CONSIDER
OFFER _A&WlN;
Washington.?Further conMnerMion ?
of the (Inferences between tlie offer
of Henry Ford and the proposal drafted
by the House Military Committee
for the development of the (Jovernment
nitrate and power projects at
Muscle Shoals, Ala., was ordered recently
by Representative McKenzie.
Illinois, acting chairman of the committee.
A meeting" of the committeemen
with W. B. Mayo and J. W.
Worthington. representing Mr. Ford
in the negotiations last week came
far from bringing about an agreement.
The only ofticial announcement committee
members were willing to make
Was that "thf? dixriw?i^n? nro io 1
- - V III
ress anil will be continued."
When the morning session was
ended, meetings were immediately
called, with the same persons participating1.
Differences in language in the fertilizer
provisions of the Ford oiler
and that proposed by the committee
were understood to form the chief
topic of discussion. The question of
the Gorgas steam plant, which was
eliminated from the properties by the
committee and is demanded by Mr.
Ford, was not reached and will he
taken up for consideration after the
fertilizer provisions have been passed
upon.
o
To Cure a Cold in One Day
Take LAXATIVE HROMO QUININE (Tablets) It
stops the Coutfh and Headache and works off the
old. E. W. GROVE'S signature on each box. 30c.
JUNK FARM CALENDAR
Things to Do this Month
Agronomy
Keep cotton and corn clean by destroying
weeds while they are small.
Put on side dressing of soda early.
Plant a summer legume after all
small grain.
Make sure to plant enough hay
crops to supply hay for next year.
Learn how to grow soy beans this
year.
Animal Husbandry
Breed sows for fall litters.
See that the weanling pigs are well
cared for.
Breed beef cows for spring calves.
Provide fresh water .and shade for
all classes of live stock.
Plan to raise ample feeds to food
all the live stock you have.
Plant Diseases
Keep the sprayer going according
to schedule.
Spray tomatoes and melons with
Bordeaux mixture to prevent diseases.
Plan to get some reinstant crops
into the/rotation on root-knot infested i
soil.
Buy or prep.are Milestone paste for
treating watermelon stems so as to be
ready at shipping time.
Send specimens of all new or
strange plant diseases or weeds to
the botanv division for examination,
n :i ir v i n <?
Plan to build the silo and to remodel
dairy barn or build new one.
Plan sudan grass now for good pasture
during July .and August.
Still continue to feed grain to milk '
cows; they will pay well for it.
Keep fly-breeding; places destroyed.
Use fly repellant on your cows. Flics
eat up profits.
Write the dairy division, Clemson
College, South Carolina, about starting
advanced register testing.
Orchard and Garden
Keep both young- and bearing orchards
cultivated.
Rub oil' all suckers or sprouts
which .appear on young trees.
After newly-set peach trees have
made a growth of I f> inches, pinch
nul the tops of branches that are to
be permanent.
Give fruit trees one and two years
old two te;i> poonfuls of nit rate of soda
to force vigorous growth.
Spray tomatoes with Bordeaux.
Plant cabbage and col Lards for
transplanting in early September.
Keep the garden cultivated clean.
Hoys' Club Work
Begin immediately to plan a county
short course and encampment to
last about two or three days, for recreation,
pleasure and instructions.
Juno, July and August arc tho best
mouths for tho encampments.
had to ho stopped at many places in
the county on account of the rains.
Corn was not laid by as expected,
and oven the work with the hoes h,ad
to stop.
The continued rains caused much
discouragement on the farms. Others
felt the depression brought about by
the bad conditions.
It is possible that the bud effects
will bo overcome by good weather
which may follow.
Colds Cause (irip and Influenza
LAXATIVE BROMO QUININE Tablets remove
the cause. There is only one "Bromo Quinine.
E. W. GROVE'S siguuture on Ihjx. 'ilk:.
Everybody
Restaurant
Next door to Coca-Cola plant.
JOHN BlOSS'AXT, Proprietor
Kl LY JOHNSON, Mananor
IMcals served at all hours.
Prices reasonable.
5-25-3t
NOTED DOCTOR
_ PASSES AWAY
Walter C. Hemingway Killed
by Gasoline Explosion
at Office
Dr. Walter C. Hemingway, promi
nent phvsician and good citizen of
Hemingway, in Williamsburg: county,
died last Friday morning; as the result
of horrible burngLhe received
from the explosion of gasoline.
He was working in his oflice with a
sterilizer heated by gasoline. When
the explosion took place Dr. Hemingway
was covered with the flames.
Dr. F. H. Mcl.eod was called from^
Florence to attend him, but no human
aid was possible and his injuries
from the flames proved fatal.
Dr. Atkinson of 'lie Conway Methodist
Church was called to Hemingway
and officiated at the funeral.
The funeral was held in the Union
Methodist Church of Hemingway.
Dr. Hemingway was engaged in
sterilizing some surgical instruments
in his cilice when the gasoline which
ho was using ignited and exploded.
Mo was swathed in the flaming fluid
and wis burned terribly. Immediately
Dr. Mcheod was called and responded
as quickly as he could got to Homingway.
The deceased was one of the most
prominent citizens of Williamsburg
county and one of tiio foremost families.
Marly in the settling of Williamsburg
county, the family located at
Hemingway and through successive
i eneradons lv.ul engaged in business
and professional activities in that section.
l>r. Hemingway was widely
known in Florence as well as in Hemingway
and was well known in business
and professional circles throughout
South Carolina.#
A widow, who was Miss Pauline
| Baker, and three children, survive
Dr. Hemingway. Besides there are
two brothers, Cieorge S. and J. Kd.,
both of whom live in Hemingway.
His only sister is Mrs. I. ii. Mclllwinen
of Fayetteville, N. C. Dr.
Hemingway was about 12 years of
age.
Florence friends of the family said
that the death of Dr. Hemingway will
ho :i -rrioii- ii tin* ".?
professional life ot W iliiamshuri^
county, lie w;i- lar.uvlv i n t? . <\-iO<l in
nearly every enterprise .*11uI aciivity
of his section of tho state.
it mm i in ii?mini i in 1? n~r'r '
x- -x- -x- -x- * * -x- x* -x- -x- x- x- -x- x- :-x- -x- x- -x- -x- * -x- -x- ihorry
county!
! trust co. 1
i !
*L. D. Magrath, Manager*
* ?
;Ji *
%Real Estate, Bonds and %
* Insurance. ^
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announcements
X-X-X- X- -X-X-X-X- -X-&-X- -X-X-X- -X--X-X--X-X--X-X- * * * **
s *
^ Cards in this column for H?
* County or State Ollice, $7.r>0; *
| ^ Magistrate, $5.00; payable in jj*
k advance. X
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CONGRIvSS
i Hereby 'innounco my tvindidacy
for congress from the sixth district,
.subject to the action of the Democratic
Primary.
W. R. RA RUING ER.
Florence, S. C., Apri! 12th, 11)22.
I 1 hereby announce myself a candidate
for Congress from the sixth Congressional
district, subject to the rules
governing tin? Democratic primary.
Florence, S. C. A. II. GASQUE
I hereby announce myself a candidate
for Congress, subject to the rules
of the Democratic primary.
lv T. HUGHES
To the Democratic voters of the (ith
Congressional district:
I hereby announce myself a candidate
for Congress from the (ith Congressional
district, subject to the rules
of the Democratic part v.
J. F. PATE
1 hereby announce myself a candidate
for re-election to Congress from
the sixth Congressional district subject
to the rules of the Democratic
primary.
PHILIP 11. STOLL
F( )\l S()l u rn \it
_ _ - . ' . ? 1 V g \ r t\
I announce my candidacy for reelection
to the office of solicitor of
the !lith judicial circuit, subject to
the action of the Democratic primary.
May 23, 1<)22. L. M. CASQUE.
I hereby announce myself a candidate
for Solicitor of the 12th Judicial
Circuit subject to the rules of the
I >einocrat ic primary.
('HAS. W. MUl.DROW
i rf
PROBATA Jl lHlK
The friends of C. llinson Spivey
hereby announce him as candidate for
the otlice of Probate lud.ue of Horry
county, subject to the rules of the
I)emocratic primary.
FOR A1ID1^)R
1 hereby announce myself a candidate
for Auditor of Horry county,
subject to the rules of the Democratic
primary. JAMES A. CALHOUN.
1 hereby announce myself a candidate
for Auditor of Horry county, subject
to the rules of the Democratic
primary. J. W. COOK.