The Horry herald. (Conway, S.C.) 1886-1923, January 18, 1923, Image 8

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EDMIINI) BIGHAM STILL WAITING (Continued From Pa ice One.) they did not want. I have never received a penny for my two year's interest in the home place. 1 had their note, a joint note, for the amount of what mv part of the personal property was, which w.is given to me about n year and a half after I moved up to Greenville and began farmirp; up there. Smilev got into some trouble. w r> wnc fnv murHftV TV*T ? T?r?cre dale defended him, and he Rave Mr. Ragsdale a mortgage of some kind.' I don't know how much it was. I sold ! the Exum place along in the fall that : Smiley was tried, and 1 let Smiley have the money, the amount he was | owing Mr. Ragsdale. Cleveland got into trouble in Georgetown. He M as tried for murder and convicted and sentenced to serve three years. I paid Mr. Ragsdale, Cleveland's lawyer, and Cleveland gave me a mortpave over his interest in the estate to secure nie for the money I let him have, to pay part of it to Mr. Ragsdale; mama paid part of it. He gave we a mortgage for that money and rther little advances. That paper was renewed every two years, ar.d signed I'V every one of the family. In 1918 Margery came down to South Georgia. where I was living, and stayed ^ere and wrote out a copy of that mortgage, which T had .and brought it Vack home. It was signed by most of the family, and some man named Brown witnessed it. and Smiley probated it, and it had his seal on it. Mama brought the paper to me, ana 1 jrave her the old paper which I h.qd. Q. This is the deed you are talking about? A. No, sir; I am talking about the mortgage. Along in June, T got a letter from ynother, she said, 'Come at once,' but djdn't state what the trouble was in the letter. I came on the next train. On Monday afternoon, Smiley, mother and Margery and myself came up kere. I had not seen Bogan Cain Hince he married my sister, and I had a talk with him. On Monday night I went back to South Georgia. During the same week mother wrote me and told me Smiley's condition; that it looked like it was getting worse. Along in July T left Georgia and drove through, and up to Greenville and stayed there one week. Mother wrote, me and told me to come down th<jre, and I came down here. I stayed there three or four days or a week. She told me different things that had t-V'n ni,Mr?e; ] don't rekon you want to hear it. I stayed there about a week, and 1 think I went to South Georgia and stayed there three or four' weeks. I went back up to Greenville and got my wife and children, and a day 01; two alter I got back from South Georgia, we drove down here and staved a week or ten days, and drove l>ack to Green vile. My mother did not want us to go, her or Margery either. <j Inactive ^ < Liver t> m , m "I have had trouble with an inactive liver," wrote Mrs. ? S. Nichols, of 4412 Spencer ^ St., Houston, Texas. "When ?? <H I would get constipated, I would ? m *eel a light, dizzy feeling in my head. To get up in the morning ?> 4H with a lightness in the head and f& * a trembly feeling is often a sign that the stomach is out of order, p For this I took Thedford's ^ Black-Draught, and without a ^ jb doubt can say I have never 41 found its equal in any liver p m medicine. It not only cleans 4 the liver, but leaves you in such to 41 a good condition. I have used B it a long time, when food does W not seem to set well, or the ^ ^ stomach is a little sour." 5~ m I U it iin't I ? 4 | Thedfords 1 f JBLACK-DRAUGHTb <j~| Liver Medicine. 1 ^ jrrrrr^B i I Save High L U,r n~:?v~. mjt jL/utiig A u< Our tools, garage all Ford owners, uine Ford parts a TABOR MOT TLeonan Jan 2,r>-23. TABC s They said, 'We want you to stay here,' and stilted the reason that they were afraid, and told me about sending: for Mrs. Kitron. Q. What time did you get the deed ? A. We were all in the dining room, Margery and Smiley were in there, and they called me in. Smilev said: 'Edmund, you know wty trouble.' He had already told me about people talking abou' his tearing out those records. And he says: 'We will never be able to pnv you what we justly owe you. You have been a mighty good brother to ive; I have never asked vnu to Ho a thing for me but what you did it, if it was so you could.' He | says: 'I feel towards you right now iust as we did when we used to play to are Mi pr when we were boys.' He says: 'You have been with me in Ari rowsmith's office (which I bad.) 'You have talked with Bogan Cain about things T asked you to talk to him about, and you have told me what he said. And now vou know t'"?e situation about as well as I do.' He says: 'V?hat do vou cou-uder this pV>ce and things worth.' He was sitting at the table, and he commenced putting- the values on the lots at Pamplico. I told him T didn't want them. He be" an putting- down what he thought the Kirton wood was worth. He 'said; 'I have talked this thing over,' and he says: 'That mortgage two years ago on the 17th of August was $26,000.00. He says, 'The interest on that up to now, and the money you let me have in June when you came over here, amounts to so much,' and he says, 'We will be with you just as soon as you have been with us, and we will give you .a deed.' Smiley fixed up that paper; he said he did. He said Sidney Rittenberg and S. Rittenberg and someone else and Sam Rittenberg probated it in Charleston, and he gave me that and I gave him the mortgage for SI 1.000.00. The difference between that $42,000.00 and the amount of that deed for the $11,000.00, was the money I let him have in June, and let him have along during the fall, to pick his cotton and other things that he wanted along during the fall, and the amount of my interest in the estate. Q. And that is how the deed came up? I A. Yes, sir; that deed stayed in my trunk until the day T was arrested. When T came back home 1 went upstairs and got that deed, and still the mortgage for $26,000.00 was not marked paid; it was just like it was when they gave it to me. I brought that deed and mortgage up here when I came. I gave my wife the deed in I flio lOll AH TTin/lnit ~ I 1.11V juii VII i i ui?,V I 11 >' I 11 I I I K < IIIC I1C.M morning after I was placed in jail. I told her to take it and have it recorded ,but 1 never thought of any government stamps. My wife brought me back the deed and I had it in jail. I was searched two or three times for that deed. At one time T thought Mr. Rose had found it, hut if he recognized feeling it he passed it up. They ' went downstairs and searched the | whole jail. They were hunting- some letters of Mr. Arrowsmith's. I think. I too. 1 had them. T got the letter out of the safe. T told you ahout it, and you asked me to get the letter. I didn't tell you where it was, but I told you I would get it for you, and you prot the letter. After the coroner's inquest, they came and searched me again. I still had the deed, and I thought Mr. Rose felt it that time, but, if he did, he passed it up. The next time my wife came up there, I gave it to her and told her to take it and take care of it. That is the last time T have seen it. Q. Now, if you know of your own knowledge, what was Mr. Arrow smith in rln va'T* U..* ^ w ,, a Vai i ^1 Vt ^ IU Lilclt matter ? A. It seems that there was some friction as to the interest of Mrs. Cain, my sister that died in November last. Q. Did she. or not, have a deed to the property, or some kind of paper on it? A. Thp*0 v,nfi been deeds shifted( from one to the other between differ-1 ent members of the family down there to ffet out of paying1 the $1,500 bond for Cleveland. Q. Tell what Mr. Arrowsmith was to do. Was not the deed on record in favor of Mrs. Cain? A. 1 don't know whether it was on record or not, but I do know those papers were made in Cartersville, written by Smiley, and probated by H. H. Harris, and witnessed by Brown Martin. I think those are the people that have witnessed it and probated that paper. Q. Is it not a fact, as you understand it, that Mr. Arrowsmith was employed to clear all of that up? A. Yes. Q. Up to the time those people were killed, was there any satisfactory settlement as far as you know? A Nn Smilou "n,v,A "" ?? - . tt wviivt vwiiic w y; ' here and talk to Mr. Arrowsmith, and he couM scare him about those paabor Charges I urOwn Work and advice free, to A full line of gennd auto accesories. OR COMPANY is Garagel >R, NX. 4T THE HORRY HERALD, OONWAIi per* taken out of the Clerk's office, ' so he would come home and tell me. Q. Why did you come home with your family in the Bighani home ? j A. I went there because my mother had written me and told me of Smiley's condition, and that she was afraid to stay there with him. That is the reason Margery left over at the old place; there was nobody at all . with mother^ and Smiley, and she moved over" there so as to be with her. Q. Tell me why Mrs. Margery Black, during; the whole of the week | before she was killed, said that this i deed was stolen from her, and that i she was fearful of her death, and in the same breath she is now speaking \ from the grave, said, 4I give unto my < brother, Smiley, the charge of my \ mother, and those two little boys.' , Did she do that? i A. What part of that do you want > me t? answer? ( Q. Why your sister said that, if , there was no trouble between you and N your sister ? A. I have got my doubts about her saying it. I have seen that in the pa- . per that said it was in the will. Q. Tt was in the will which was c read here. r A. I didn't see it that way. 1 have * seen it before her death, and didn't see it that way. 5 Q. Now, Mr. Bigham, a copy of f the will that your attorney handed me is certified by Mr. Branson. Your f sister said: (The Solicitor read th? c will.) That is what she said. Now. 1 I want to ask vou this: If there was * no trouble with her, with some one down there about that land, why would chp incorporate it in her solemn will? r A. There is some land down there that Smiley bought from Finklea in Margery's name. 0. But all the land was in her r name. ' A. It was not. Q. The deeds show it. Tt could N not have been possible that Mrs. Black would have intrusted the affectionate care of her mother and those two children and all her property to L. Smiley Bigham if she was fearful of her life from L. Smiley Bigham. f A. That is something I can't an- ( swer. I may tell you that there were times when Smiley got in one of those ' snells that they would do all he told c them to do. Q. But the day she made the will she walked away from home to make that will without Smiley, and went to f Pamplico and got Smiley and bVouprht c him here and made the will. You knew that? You knew a will v.as ' made Saturday before her death? A T enw will Q. Before her death ? ' A. I saw that will, I think, Tues- ' day night. Q. After Smiley had gone over to ^ Mrs. Kirton's and come back, you saw the will? Who showed you the will? ( A. Margery. O. Where at ? ( Q. When that will was made you I saw it. and you had in your trunk, at that t;"ie this deed. ' A. T did. Q. Why did you keep that deed in your trunk while these parties were living and not have presented it for ] record until they were slain? 1 A. For the same purpose that I t understand a mortgage has been held and recorded since thev died. 1 The will of Mrs. Margery B'ack. which was duly executed on the 8th dav of January, 1921, contained the following provisions: i "I desire that all my debts be paid ] as soon after my death as may be ex- i pedient. > "I give, devise and bequeath all of ^ my property, real, personal and mix- ( ed, in possession or to which T may j be entitled at the time of my death, to my brother, L. S. Bigham, in fee \ simple. "T hereby declare that I signed i three blank deeds which were stolen i from my possession and if they are presented or any of them by any per- i son claiming any right, that the same j are fraudulent and null and void. This will is made in apprehension because i of the larceny of said blank deeds. "T do hereby make my brother, T,. ' S. Bigham, the sole executor of this 1 will without bond, and request and instruct him to make due provision < and take eflfectionate care of my I mother nunncr the remainder or ner life time and if possible to b|\ve no nartition of the property dmnnpf her life that will interfere with her occunancv of the old home. T want him \ to take care of and educate my adopted sons, I*o and Mack Black, until they are of a pre." Walter Burch testified a<i follows: "I remember hearintr of the killing: was at the house Saturday before the killing. Q. If anvtlvnnr was said there by Mrs. Bipham in Edmund's presence, ; tell it. A. When T wont there, Mrs. Marker y and Mrs. Biprham were at the door. Q. Where was Edmund ? A. He was in the kitchen. He hart not come out. He heard them talking, and he came out. They told me to pro to Pamplico and j?et Mr. Hose Q. Who told you? A. Mrs. Biprham and Mrs. Marfferv. Q. Mrs. Margery and Mrs. Biprham were talking, and Edmund came to where they were? A. He came out when they left. Q. What did Mrs. Biprham say to you ? What did she ask you to do ? A. To pro to Pamplico and p-et Mr' Hose; that they were about to he ki'i ed. And Edmund came to the doo and asked me wasn't I olive* and 1 said, 'Yes,' and he asked me didn't f want to live, and I said, 'Yes,' and he said if T had anything to do with it he was going: to kill me; and I jumped cn my horse and went home. Q. What was their condition? Were they laughing? i A. No, they were not Laughing. r, S. C, JAN. 18, 1923 rhey were talking. Q. What were they talking about? A. I didn't hear anything more said. Q. Mrs. Bigham asked you to go to Pamplico to get Mr. Rose. Who is Mr. Rose ?Is he an officer? A. He is a police. Q. What did Mrs. Bigham say she wanted you to get him for? A. She said she wanted him to come after him." Charles Gordon testified as follows: "I remember the Saturday of the killing; also, the Staurday before that, the 8th of January. I was in the woods that morning cutting wood. I was in the woods on the Saturday before the killing; went there to cut wood. They settled with me for cutling wood on Saturdays. Edmund was in the woods that morning; it was in the morning. No one came ,vith him that morninsr. His oldest laughter came to him while iu the A-oods. I didn't hear anything-; he vas a good piece from me. She told lim something. When she came 1 ;here, she asked me Had I seen Dad >ut there anywhere. She went to her : 'ather to the house to see him be ause he hadn't paid me. I heard a < nighty hollering at the house when I j rot there. ] Q. When you got to the house, itate what you saw, and what was i lone, if anything. A. When I got to the house I sat < lown in front of the house on a pile ?f lumber while the hollering was gong on in the house. I didn't see the uss. I just heard the hollering. < Q. Who was hollering? A. Mrs. Margery Black. ' Q. Who was in the house with ler ? A. Mr. Edmund Bigham. Q. Where was Mrs. Bigham? i A. Standing between the house md the smokehouse crying, her and ier two little children. Q. Edmund and Mrs. Margoi y \ere in the house? A. Yes. Q. Mrs. Margery hollering? A. Yes, 0. What happ^urd after lH.it ? A. Then vet s!i.?rHy af?p*' she iuit hollering and .'be crnv.e rum ir g >mc of the hou*o. , Q. When she came out of the louse, did you see Edmund come out >f the house? A. Yes. Q. Right behind her? A. Yes, he came on the road ana rot in his car and drove to Pampli;o." Herbert Foxwith testified as folows: "I remember the day of the killng. T was at the house the Satur- ( lav before that. When I was comng up from home, and when T got in the hi'l there, Mrs. Mar pre ry was va^bino- her face on the back piazza, md Edmund was standing there sort if sideways with a piece of board lbout four feet long:, and sort of 1 rawn Hack. I went on the ' lumber jile and sat down. Q. What did you hear in the louse ? A. Hollering. Q. Who was hollering? A. Mrs. Margery: and in about CO minutes, Mrs. Margery came out of the house running and went on down ;he road. Q. Who came ouf of the house belind her? ? A. Mr. Edmund. Q. What did he do? A. He came out there and asked ne did T want to go to Pamplico, arid lim a?d me got in the car and went :o Pamplico. We passed Mrs. Margery on the road, most to the house where Mrs. Copeland lives. Edmund iid not say anything to her whan he passed. Q. Where was Mrs. Bigham at ;hat time? A. She was behind coming; she was walking. The two little boys *rere with her. Q. Who was at the lumber pile kvhen he came out on the lumber pile? A. Me and Charlie Gordon and Walter Miller. Where was Mrs. Bigham when you heard the crying or hollering in the house? A. She was standing between the smokehouse and the kitchen. Q. What was she doing? A. Crying:. Q. Wh? was with her? A. The two little boys. - / Q. At that time she was out at the smokehouse crying, with the two little boys? A. Yes. Q. And in the house? A. Was hollering. Q. And after the hollering Mrs. Black came out? A. Yes. Q. What was her appearance when I she came out? How did she look? A. Looked like she had been crying, but had stopped then. She came ^>ut of the front door and started down the road. Q. Who followed her? A. Edmund came out of the house. A 111 af +ltn oqivia ^ v^< vy ut vi ti iv oaiiic viv/v; a A. Yes. Q. He didn't go down the road? A. Yes, he went down to where his car was. Q. He asked you if you wanted to sfo to Pamplico? A. Yes. Q. And you passed Mrs. Margery ->n the road? A. Yes. Q. And he didn't say anything to her? A. No." We come now to the last chapter of his trapedy, to wit, the facts surrounding the murders on the day they were committed. What has already been shown by the testimony renders it unnecessary that they should be stated in detail. On the 15th day of January, 1921 the defendant went to the woods where hands were cutting wood, about a mile from the Bigham home, after breakfast; and shortly thereafter Smiley Bigham arrived accompanied by Andrew Singletary, a trusted servant, whom Smiley's mother had requested to go* with him on account of the fear that he would be killed. The defendant and Smiley were in the woods after all the hands had left. The defendant testified that he and Smiley both went home; but no one except the defendant, his wife, and daughter testified that they saw him. Other witnesses, testified, however, that they saw and recognized the defendant when he came> out of the woods (Which were about 50 yards from the house), about an hour before the murders. The defendant went directly to the house and there remained until he. his wife, and two daughters went to the home of one of | the employees to give him some in-' fctructions about the hauling of the wood. The defendant testified that he 1 and his Camily returned home in 15' or 20 minutes, and were the first to discover the condition of his mother. The defendant, his wife. daughter testified that they saw Shiiley goinir into thi* woorl<?. hut rrniM not vi?ll whether he had a pistol in his hand; and that his mother said to him; .when he went to her assistance, that Smilev had killed her, and expired as soon as they carried her to the house from the walkway in front of the house. When Smiley was found dead next day in the woods about 425 yards from the house, the pistol which he was gasping in his hand belonged to the defendant, who also owned another pistol of similar size and m/ike. Both his mother and Mrs. Black, likewise owned pistols. Thus it will be seen why his conviction had to stand. Edmund's brother Smiley was not an angel, neither was his brother. Cleveland, who had his career also and got convicted. When Smiley escaped the death penalty or the State pen for the mutilation of the negro, the law missed a victim that it no doubt wanted, under lawful circumstances of that case. In the meantime, the people of the whole State are awaiting with great interest the final order of the Supreme Court in this celebrated criminal case. HERALDGOES OWN MFRTTS V/ T T JL 1 illl JXfl *. The Horry Herald wants it understood for once and for all that it is not offering to club itself with any other paper, or papers, of any kind or nature?never again, and under no circumstances. The Herald will hereafter stand on its own merits. Several times in the pfcist The Her? ? t ? X* y ^ HieTest of a F is in flie milk The profit from your cowj mined by the volume of milk i it costs you to produce it. Yo will always be greatest when Happy Cow Sweet (245^ Protein) It does not matter whethe in town or country?whether one cow or many, you will fir Cow Feed the best ratio world. It goes farther ai more than any other feed. It contains the rix best known r materials properly combined to c?w witb what ike needs to rui making machinery at full capacity Happy Cow Feed is made by Ed] Cm. oi Memphis. We sell it. 'Ph today (or prices and newest ideas dairy cows. A. T. COLLINS Conway, S. C \ MOTHER! MOVE CHILD'S BOWELS i "California Fig Syrup" k Child's Best Laxative Even if cross, feverish, bilious, constipated or full of cold, children love the "fruity" taste of "California Fig Syrup." A teaspoonful never fails to clean the liver and bowels. In a few hours you can tee for yourself how thoroughly it works all the souring food and nasty bile out of the stomach and bowels, and you have a well, playful okild ifftia, aid lias* been misguided in trying to help along some other paper, agricultural or otherwise, and spent much of its valuable space in trying to get the people interested in taking that paper along with The Herald. On one occasion The Herald took up a certain agricultural paper and offered the agricultural paper Absolutely free of any cost to each and every subscriber of The Herald who I would renew for The Herald. This we found to be a mistake. We could not make our readers want the other paper, no matter how free and above board it was. We lbst. the space that we, devoted to it. Henceforth and forever The Herald is done with other newspapers and journals, either weekly or monthly that want to offer themselves on the good graces of The Herald to get a big subscription- list* at the* expense of The Herald. Yes, sir, The Horry Herald will hereafter stand on its own merits and on no other. We find that the subscribers of The Herald are a very loyal set to The Herald itself, but they are hard to get interested in some other paper. We intend to let them alone in their admiration of our own paper, and let them be content with the reading of it, which, under the formula of old man.Coue, we intend, every day, in every way, to make it better and better. o ' Let The Herald do the job. WHICH ?V Are the Earliest^* I Soap Beans # ?the Best HeldW/ : Cantaloupe The Select-Rite Charts U tile ? 1923 Catalog of "WOODS SEEDS Show p*. a glance the varieties of each vegetable to plant for earlinesH, . yield, length of bearing season, or for whatever purpose is most desired. The moat helpful catalog wo have ever issued is ready to be mailed to you free on request. FREE FLOWER SEEDS Our 192S Catalog toll* how you can kavo thrra without coit. Baud a poat card for y*ur ovpy. T. W. WOOD & SONS, Seedsmen 40 S. 14th St. Richmond, Ta. id Happy (KOjl. LiI 'fijf n in tne nd does j^|hj|/A ailk-making Kfj| ||juyp^^^|j I gar-Morgan I om or call I oo fowling I - (Si) mmmmmJ ?-w4 m 't> ; ! Millions of mothers keep "California Fig Syrup" handy. They know a t?aspoomul today saves a sick ctiild tomorrow. Ask your druggist for genuine "California Fig Syrup" which has directions for babies and children of all aj?es printed on bottle. Mother! You must say "California" ar you may ge% aa iflutattoe flg syrup.