The Horry herald. (Conway, S.C.) 1886-1923, June 15, 1922, Image 7

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I BIGHAM TO DIE FOR HIS CRIME Judge Shipp Denies Motion for New Trial Made Friday CROWDS VrSIT BIGHAM N _________ After Discovered Letters Proved to Be Likely Mere Forgeries by Many Affidavits In Florence last Friday the court, which was in session there, Judge S. W. G. Shipp, heard the motion made by Edmund Bigham's lawyer, for a new trial. The motion was based on letters which Bigham and his wife claimed had been packed away with some furniture and never found in time for the trial; that recently in opening up these things the wife found the letters and placed them in the hands of her husband. The evidence produced by the state against the genuineness of the letters evidently raised a doubt, for the court refused the motion and resentenced the defendant. A full report of the hearing follows: Edmund D. Bigham was taken to Columbia Monday morning by train by Sheriff Burch for delivery to the state penitentiary for execution of the death sentence by Judge Shipp on July 14. The court signed an order directing the sheriff, at his discretion, to return Bigham to the penitentiary for execution. The early removal is due largely to the scores of inquisitive visitors who were thronging the jail almost every hour to see the murderer. Opinion differed as to whether Bivr ham is losing his nerve. Some officers thought he was very nervous. Others did not construe his restlessness so. "If I ever have to go to that chair," Bigham said to a reporter, "it will be just like the convicton and death of Jesus Christ. I was not convicted on the evidence. It was personal feeling. The Governor was afraid to turn loose Jesus Christ because of popular feeling." Bigham appeared more moved than ever before. His voice quavered as he made the above statement. Physically, however, he was quite steady. Bigham expressed the wish that Judge Shipp had let him say what he wanted to say about Phillip H. Arrowsmith. He said he would not have said anything derogatory about Mr. Arrowsmith, but he just wanted to tell the truth about the $5,000 mortgage which Mr. Arrowsmith got for clearing up the bond against the estate for Cleveland Bigham. He promised that if his attorney would consent prior to leaving Florence, he would make a written statement regarding this matter. The courtroom in Florence last Friday was crowded to overflowing with men, women and children at 9:30 o'clock, and long before, when Judge Shipp convened court to hear the motion for a new trial for Edmund D. Bigham, convicted and sentenced to be executed for the murder of his brother, L. Smiley Bigham, and now under indictment for the murder of their mother, their sister, and her ?U: 1 * 1 n.iA * T vr IYVU CI111UXCI1. m V.HV A. Li. iving; attorney for the defense, had not made his appearance in the courtroom.. Nor had C. T. McDonald, associated with him, shown up. Mendel L. Smith was absent. After waiting a quarter of anhour the court called for'an almanac. This was construed to mean that he intended to pick a date and resentence Bigham without delaying matters further, inasmuch as the attorneys for the defense had not shown up. Sheriff Burch presently reported to the court that he understood Mr. King did not expect to come into court till 10 o'clock. The court then examined the hour of the return of the call and saw that it was 10 o'clock. Mr. King came in shortly and said he did not understand the case came up till 10, and the court said it thought he understood it would be called upon convening of court. The case was then taken up immediately. Mr. King opened up with the presentation of the letters and affidavits which have been published. The first was his own affidavit that he could not have obtained the evidence now being submitted previous to or during Bigham's trial in March, 1921. The next was from Mrs. May M. Bigham, wife of the convicted man, as to the loss and recovery of the evidence in /iiiAflfi/\v? A iL ? - 1 '* \iuvowun> aisu mere was Hn amaavit from Edmund Bigham as to the receipt and subsequent loss of the letters. At this juncture, Edmund Bigham, Mother-To-Be, Read This? Here la h wonderful rr-essago to all expectant mother*. When the Little One arrives, jot can have that moment more treo from suffer in*' than ha to perhaps Imagined. An eminent phytic expert In thle nck-nce, baa hhown tLe way. Itjmm wse hu who first pro?^^^^V duced the great remedy "Mother's Friend." Mrs.fl^y WmX" C. J. ilartman, ticrun-Ev Vf*? ^^*>1 ton, Pa., says; n\ 5F^ "with my first twoRv T*\ children 1 had a doctorU f and a nurse and thenra \ m \ they had to use Instru-til^ 2Srv>r^<5x. ments, but with my lastH^iSfiVv^wTSl two children I ui?dVHHar<'>0 Mother's Friend and had only a nurse i re bad no time to get a doctor because wasn't very sick?only about ten or fifteen minutes. v?rtt* for valuable free Illustrated book, * Motherhood and the Baby." containing Important authoritative information which every expectant mother ahouldbave, and all about "Mother'* Friend/' to BradfleldJResulator Company, BA-23. Atlanta. <3s. ('Mother'* Friend" Is sold by drajfUta everywhere. % r who sat in the dock, removed his coat. He took great interest in the proceedings. Mr. King/read the letters which he had procured. These covered the business affairs of the Bigham family at Pamplico, always concluded with terms of endearment, recited various other matters, and the desire to sell the land to Edmund to settle up the obligations to him. The climax was reached in the following letter which was undated: Mother and Margie had the two signed deeds that had disappeared in their possession. Causing trouble seems to be their pleasure. They took the money that the P. O. department has me charged with and were the cause of Cleveland running ofT. And I had to pay the bond. For years I have had to leave home and pay board to be in peace to make my calculations and platts. They poisoned father and tried to poison Leatha's child after her death. When 1 found them with the deeds I decided to kill the last one of them and leave no one to tell the tale. I am writing this to explain why I did this act. You will never see me again alive. . I G I Mr. King recited the finding of the' letters by Mrs. Bigham in some furniture after her husband had been convicted and sentenced and she had moved to Taylors, they having been packed in the furniture in Georgia and never taken out at Pamplico. The signatures on these letters purported to have been written by Smiley to Edmund, were compared with checks bearing the signature of Smiley. Affidavits as to their genuineness were read from H. M. Pleasants, cashier of the Farmers and Merchants Bank of Pamplico; J. B. Connatser of Columbia, teacher in Draughan's business college; William M. Gibbes, Jr.; cashier of the Palmetto National Bank of Columbia, as to the ability of Mr. Connatser; C. M. Wilkinson of r\ampiico, agent for the S. A. L. that* Smiley had used his typewriter a great deal; E. M. Singletary, clerk of court that he believed the signatures on the letters wore genuinely Smiley's; W. L. Meadors, assistant cashier of the Palmetto Bank and Trust Company, that he believed the signatures of L. S. Bigham on the checks and the letters were written by the same person; I. T. Welling of Darlington of the Carolina National Bank, to the same purpose; W. R. Willis of the Peoples Bank of Darlington, to the same purpose; R. C. Rollins, of the Bank of Timmonsville, same purpose. He read the affidavit of J. G. Miller, formerly of Pamplico and now of Florence, to the effect that he had undertaken to deal with Smiley for ,a sawmill; that the next day, in the fall of 1920, he had met Smiley on the streets of Florence, and Smiley had said to him that his family were trying to steal everything he had and he would kill every one of them. He read the affidavit of W .T. (Bill) Ilyman of Pamplico that he had endorsed notes for Smiley to get fer tuizer. Also he read an affidavit from Jim Cain, brother of Bogan Cain, who married Aleatha Bigham, that Smiley and Edmund's sister, Mrs. Margery Black, who was killed in the wholesale murder, had told him they had to send for Edmund to protect them from Smiley. He read an affidavit from Clarence Rose, member of the city police, and a deputy sheriff at the time of the killing, that he had picked up three or more empty pistol cartridges in the Bigham yard two or three days after the killing. This fact Mr. King said never was introduced at the trial. L. M. Gasque, solicitor, then presented his answer. First he presented an affidavit from J. G. Miller, who had given Mr. King the affidavit regarding the sawmill deal and the threats of Smiley, saying that his first affidavit was* in substance true, but he did not know if Smiley were drinking at the time; that he had dined frequently at the Bigham home and they seemed happy and he never saw any indication of such trouble. Next was an affidavit from R. A. Black, the husband of the Mrs. Margery Black, murdered, saying he had married his wife in 1912, had lived in the Bigham home three years, up jlrickW: Tobacco r As Manager of B I the farmers of the Pee L [ house is owned and oper f and Horry counties, and friends know that their ho U W. H. DANIEL, Presi THE HOBBY HERALD. OOH MaMaiaiH|aa|RaiMI||a||iaiMBaiaaHHHHBiiMPBMHa until 1918 when he came to Florence as health officer, and was in close relation with the family. Ho said the letters attributed to Smiley were utterly absurd and impossible. He said Edmund had disposed of all interest in the Biirham estate prior to going to Georgia in 1913. He said instead of Smiley owing Edmund, that Edmund was in debt to Mrs. Black for $800 and the interest for several years. The only debt he knew of owing Edmund from the family was $400 for Cleveland's bond. That Smiley had wired $350 to Edmund to help him out of trouble in Georgia. There was no dispute in the home. The dispute was between Bogan Cain and the family regarding the estate. Edmund came to pouth Carolina at that time and expressed no interest in that. He did much of Smiley's writing and was surprised at the style shown in the alleged letters of Smiley to Edmund. Smiley was not expert on the typewriter and never wrote any letters on the typewriter. Relative to the sawmill which Miller mentioned intending to buy from Smiley, he said rt - - siruley had been running a mill a long while before. He averred the signatures on the letters ?were not genuine and were forgeries. D. Gordon Baker made affidavit that there was nothing to the letter referring to "mother and Margie" and the intention of killing all of them. lie said in the postal matter the shortage was never shown to be over $1 and the inspector dismissed the charge. Bogan Cain made affidavit that he married Leatha Cain in 1914 and lived with her till her death in 1920. He knew the details of the Bigham family's business affairs. He knew Smiley never owed Edmuifti any $2G,000, or anything else save $400 on account of Cleveland. He read the letters and averred his wife or R. A. Black always wrote Smiley's letters on the typewriter. They were inconceivable to him. He was at the Florence county jail from 1917 to 1920 and Smiley used to stay there agreat deal and he always used his own personal letterheads or letterheads of Sheriff Burch instead of plain sheets such as the letters were written on. He was convinced that Smiley never wrote or dictated the letters in question. His style always was to sign himself "your brother," and never "L. S. Bigham." The sawmill in question was set up in 1915 or 1910 and the idea of conveying the lands to Edmund was preposterous as the titles of fivesixths of them were in his wife's and one-sixth of them in Mrs. Black's. Smiley never owed Edmund anything save $400 for Cleveland. Edmund canif! VlAVO nnrl il ~'l m.?ti V.1C4HHCU uiiytiuiig. lie denied the charge that their mother and Mrs. Black ever tried to poison his children. And there never was a typewriter in the home. JR. Kennedy Rutledge, active vice president of (he First National Bank, swore he had compared carefully the signatures of the checks and of the letters and said the signatures on the letters ware forgeries. He noted differences in characteristics. The writing on the check was free and easy and light, while the stroke on the letters was rigid and painstaking, as if it had been traced. S. H. Husbands, cashier of the First National, made practically the same Affidavit, with the addition that in all their correspondence with Smiley they never had received any typewritten I letters from him. Here the defense put L. M. Coleman, now cashier of the Farmers and Merchants Bank of Pamplico, upon the stand with notes, which the bank holds as the notes made and signed by Smiley Bigham. W. B. Meadors also made an affidavit for the state, stating that 'he was not acquainted with Smiley and did not know his handwriting, but based his opinion wholly on comparison. F. O. White, superintendent of the Pamplico schools at the time of the killintr nrtrl inot ??!*? '* A a jM?v jji iui iu 11 | Wctri pui on the stand then to testify that Edmund's children entered school on September 20, 1020, and were t here till January 17, every ddy, till they were out to attend the funerals of the murdered Bighams. This was supposed to offset the letters written irehouse I MULLINS, S. C Will Sell t Alirtinn Tl i nubllUII II rick Warehouse Company, w )ee section know that the Bri ated by seventy of the best f* we take this method of lettin use will be open as usual to sel dent O'D] Mullins, S. C. WAT, S. 0 , JUNE 1922 during this period. W. T. Hyman made affidavit also for the state that he had been in the habit of signing the fertlizer notes for Smiley and had not done anything unusual for the year he was killed. He related in detail their financial dealings leading up to the killing. He said he was a close friend of the Bigham family, had read the letters, never knew of Smiley ever having to live away from home, or of him causing any trouble. He had an old typewriter which Smiley used to try to write on and was so clumsy at it that he could not conceive of him writing such letters as are now attributed to him. He knew of him trying to use the machine at the station with the same results. Regarding t}u* Miller timber deal, Smiley brought Mr. Black to Florence with him thai day to get him to use the typewriter for him. He knew Smiley ftf> years and does not believe theletters were written by Smiley. H. M. Pleasants made a second affidavit this time for the state and ,averred that since making the one for Mr. King he had compared samples of Smiley's writing with the signature of the letters and had changed his mind, lie avers the signatures on thf* letters are a forgery of Smiley's name. L. Farmer of Florence, made an .affidavit that lie used to run a boarding house and Smiley used to stop with him. In December, 1920, Smiley expressed to him dread of being away from home because of anxiety that Edmund would kill the family. The last night Smiley was in his home, Smiley could not sleep and finally in tho middle of the night got up and went by special taxi home to soe about tho family. Ho expressed constant fear that Edmund w.us going to hurt his mother and sister. Mr. King here put Dr. W. H. Poston on the stand. He examined the body of Smiley when it was found in the woods. Mr. King asked him it he had stated since the trial that he had wined blood off his hands onto a tree near by the body. Me denied it, but subsequently aiWrmed what waraverred, with the avowal that he did not believe he had done it though. Mr. King then called for Mr. Baker, with the averment he wanted to prove that Mr. Black, who had not been a witness in the trial is now a contenilei SOUR STOMACH INDIGESTION Thedford's Black-Draught Highly Recommended by a Tennessee Grocer for Troubles Re* suiting from Torpid Liver. East Nashville, Tenn.? The efficiency of Thedford's Black-Draught, the genuine, herb, liver medicine, is vouched for by Mr. W. N. Parsons, a grocer of this city. "It is without doubt tho best liver medicine, and I don't believe I could get along without It. I take it for sour stomach, head* ache, bad liver, indigestion, and all other troubles that are tho result o! a torpid liver. "I have known and used it for years, and can and do highly recommend It to every one. I won't go to bed without It in the house. It will do all It claims to do. I can't say enough for It." Many other men and women throughout the country have found BlackDraught just as Mr Parsons describes ?valuable In regulating the liver to Its normal functions, and in cleansing the bowels of impurities. Thedford's Black-Draught liver medicine is the original and only genuine. Accept no imitations or substitutes. Always ask for. T&Mford'a. u-m B "***'* ** lompany I lis Season e think it our duty to let ick will Operate. This y *rmers of Dillon, Marion ft g them and their farmer y 1 their tobacco at auction. I ?LL LEWIS, Manager I for the Bigham property and therefore is a prejudiced affiant. He said that Black was in court and could answer this point if he desired. Mr. Black informed the solicitor that he had told Mr. King his attorney would answer for him on this point. Finally lie took the stand, the defense having him svyorn as an adverse witness. He is the widower of the murdered woman. He denied making claim to the Bigham property and on further questions as to his hopes in case Edmund is executed, referred him to his attor ney. One* other witness for the defense was Chief of Police Mclver, who was ruled out. He is believed to have had an exhibit that would show that black powder would leave no marks save inside the wound if fired close to any flesh body. C. Dargan Steele was put on the stand by the state and testified that he was one of the finders of the body of Smiley in the woods and saw black gun powder taken out of the wound in hi& head. He said everyone took the death for suicide. SPEAKING OF CULTURE (Columbia Record) The world has been pretty well agreed on the verdict that the boy \n1h) burned up the barn in order to kill (he rats had more energy than sense. , But a parallel case of the barn-burning-rat-killing sort flares about us almost every day. For example, press dispatches the other day informed us that two men were shot, 100 others arrested, and 100 game cocks seized, as the cock lighting derby of Massachusetts was brought to an abrupt and dramatic end there, when state constabulary officers and police surrounded and raided a fight-circus staged in a tobacco Ivirn in the hills. One of the victims of the officers, Robert McBride, GO years old, was injured most severely, more than sixty birdshot having entered his body in dangerous places. Yet, we are told that this is a Christian nation. TIip world will wonder, we imagine, whether the stopping of a fight between cocks is more important to the peace and welfare of society than the saving of human life. Officers of the law go about daily with deadly weapons in their hands, or their pockets, shooting down citizens for trifles. In our opinion that is not liable to increase respect for the law, nor add to the uplift of the rank and file of the citizenshp. And in saying this we are distinctly not defending cock-fighting as a iport. Rut, while we are upholding humane and decent living in ever/ respect we would condemn, upsparingly, the habit of law ollicers to shoot men down over trifles. As long as we have such officers we need not expect to have a much better citizenship than we have. And the citizenship division is nothing 10 brag on at that.' ?o CENSORSHIP FROM WITHIN The Motion Picture Theatre Owners of America are to be commended for the decision to refuse to show any films in which Peggy Joyce is featured. That is the kind of censorship that counts. It shows that the theatre operators are beginning to hold their business in high regard and do not intend to have it injured by explot at ion of scandal makers. Such a policy will assure the theatie owners of the approval and co-operation of that element in American life which looks upon the pandering to sonsnl ionn1i?m nnrl immAvolUtf oa ;?* wi..v? niiiiiviuin Jf t?a HI"" jurious to the general welfare. Scandal has shaken the movie industry to its foundations. Itj leaders have seen the light and in every quarter of the film world there is a sincere endeavor to put the industry on a sound, moral basis. The public should encourage this policy and lend its support to the producers of high quality pictures.?Minneapolis Journal. ""'$H Why Their ' ONCDISUhCA J ^ Wouldn't I Just a few cases of teleph 0 trouhleman found: j The baby had experiment ' the scissors; cook had attem[ connection by tying together The bells wouldn't rinj quiet for a nap, had stuffed t had forgotten about it. An office telephone was had been upset on the desk a telephone were water-soaked A farm line telephone "ot had stored his metal spectac telephone; it lay against the short-circuited the line. Yes, such things do hap think. The telephone is a sti can't stand everything?and to blame! "At Your CONWAY TELI CONWAY "MAD WORLD, MY MASTERS" - Washington.?A Newark (N. J.) woman has found a new reason for getting a divorce. She got it, too, which should make all devotees of the royal game more careful. Her testimony was to the effect that hubby played so much golf, so often, that he hadn't time to be a husband and provider. It's an old saying of golfers. "If business interferes with golf, give up business." This particular golfer found his wife interfered with his^ game and so she got rid of him! Hut this was nothing to the sad case of a Des Moines (Iowa) lady who had a "husband" who proved to be a woman, yet one so overbearing and strong that she held her "wife" in terror for a year and a half before the poor, deluded lady caused her "husband" to be arrested! The wife should have gone to Vassal'. Statistics from the great women's college show that Vassarites during the last ten years are an inch and a half taller, two inches larger around and with bigger hands and feet, all due to physical culture. A Charlestown (W. Va.) boy, out riding in an automobile, was fired upon by an unknown assailant. Rushed to ;x hospital he was X-rayed and his heart found to be upon the right (which is the wrong) side of his body! Had his heart been where hearts are supposed to be, in the right place on the left side, lie would have been instantly killed. Paris says skirts must be long. America says they are short and going to get shorter. Comes a Parisian dress-engineer with a gown which has an adjustable skirt. When on fashion parade, milady unties a ribbon and behold, a long skirt. When she goes shopping or wishes to catch a street car, she pulls the ribbon and up goes the gown to knee length! o The Herald is now $1.60. Common Sense About Eczema and Eruptions! Here's Something About S. S. S. That You'U Be Glad to Hear. Tou might just as well know it right now,?the cause of skin eruptions, pimples, blackheads, bolls and so on. Is right In the blood. There is no setting away from It. Science has proved it. We prove it. You can prove it. When the cause of skin troubles and eruptions Is in the blood, it isn't comL.et S. 8. S. Give You An Angelic Skin t mon sense to simply treat the skin. A bottle of S. S. S. will prove to you what Is happening In your blood. S.S.9. is a scientific blood cleanser,?it drives out the Impurities which cause eczema, tetter, rash, pimples, boils, blackheads, blotches and other skin eruptions. When these impurities are driven out, you can't stop several very nice things from Happening. Your lips turn naturally rosy. Your eyes sparkle, your complexion clears. It becomes beautiful. Your face looks like that of a prosperous, ruddy, well-fed, refined gentleman, or if you are a woman, your complexion becomes the real kind that the whole world so admires. S.S.3. is also a powerful body-builder, because it builds new and more bloodcells. That's why It fills out sunken cheeks, bony necks, thin limbs, helps regain lost flesh. It costs little to have this happen to you. S. B. S. la sold at all drug stores, In two sizes. The larger size Is the more economical* Mzrf Telephones 1 /tOKcbisujicA Workone "trouble"?and what the I ed on the receiver cord with >ted to restore the electrical ^ the ends of the cord! I?because father, wanting the gongs with a towel, and "dead." A vase of flowers nd all the cords on the desk and had quit business. it of order:" Mister Farmer le case on top of his wall i exposed binding posts and pen; oftener than you may iirdy little instrument, but it the Company is not always Service" iPHONE CO. , s. c. i m