Historical Newspapers of South Carolina

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BKjHAM AND AVANT FOLND GUILTY OF MANSLAUGHTER (Continued from page one.) w tuld have been necessarily so If Avant bad stood up when he shot Mrs. Bighaui, sitting on the beac h. Then they had the man croueh down and, s tot at a reed, the height of the wo man; this shot ranged upward. The ground on that spot is a steady de clivity toward the beach. Mrs. Big ham was lower than her slayers; so by these tests it seemed to be proved th<:: she was standing and Avant was crouching or kneeling in the mass. Mrs. Blgham was on the clear part of .he beach, about feet from the water; Avant was back up in the g sy part of the beach. "ben the state proved that this crowd of men. on Saturday aftcrnoou ho . gone to Sunny8ide. some sat on the porch where Avant and BighatU Sat. and others Walked around the same path that Mrs. Bighorn is said to have trod when she passed the house. The men changed coats and hats, but the men cn the, porch recog nized each of them without any trou ble: and Mr. Murchison testified that the He tests were made at an hour when it was possibly a little darker than when the shooting took place. On cross examination Attorney Ragsdole sought to prove by witness th. ? the people had lighted lamps in ?e ir houses; but witness said it was certainly lighter on beach than in the houses. He said thai the body was about the high water mark oil the beach where people were no ustomed to V ;il|< Henry Buck, of .Marion. The star witness for the state was ;\lr. Henry Muck, a lawyer from Mar ion. His mother had once owned the whole of .Muriel s Inlet, and the Sun nyxWle house, where the Avants lived, lie torroborated all Mr. Mtirchisou's testimony about the tests and about time of evening, and about recogniz ing the negro In tin- boat. Had he; d the cries about "killing a man"' etc. When he arrived on the scene, he sslsted with the body; found it no' dead, bill dying. Kelt pulse. Helped cany body to tlie house and laid it out in front room of Sunn; side, "Alter we had placed the body on a cot. I Walked out in the hall ami there, saw \vnnl crying;" said witness; asked* I said lie. Will there on the - Nmiids . :' Stthnji - sirn tin- iwb tili h ibid the' story c the killing to Mr. Henry Buck, while others stood around anil liitened. And it was this story Mult the witness OS ' >ld in ? nuri . defendant l.n con.-- opened not (heir ihoullis. ,\>ant said: "Hr. liigluun ami I wer? sitting on the froiil porch after slipper." tlie witness told in even, clet ? tones while quiet mid stillness reigned in the conn boa.- ', "and we ,;:n\ an object pass from behind the bou-". .uoinn on do? n the little path, aro nd a bend and toward the bench. Th es somebody to devilment. s?k. he. Maybe thai woman is trylllg to '.-coy us from the house'' Wt! Wei ' in the house and pot a gun. fol low* I the object to the bench " "tVhat was she dolli^ when you shot?" asked Mr. Buck. "Sitting down." said Avant "Then in Cod's iintne. man. If you kll< ? it was a woman why did you shoot?" asked Henry Buck. "We hailed her two or three times, nnd she did not answer." said Avant. Thi.- answer constituted the defense of the two men. Witness ..aid that Biel am had said he though! his wife Was in her room, when they lefl to follow the object In fact, he had Called to her. and tllOUgltl he heard her answer. Then Avant, according to Mr. Buck, told thai on (be way back to the house after the shooting line) said to lllgham, i believe thai was your wile I shot." Whereupon Bighnm said. "No. my wife Is in hei room." They hurried on to the house made search tor Mrs IJighath and not finding her called for a light and returned to the beach Here they met the other men who were at ri\ lug on the seen ? .Sir. Ibick said lie hid heard no statement nbotii ghosts, identified Hi" coat! said it then had bill one ho!-' in the hack: now ii lias four. Possibly rats bad gnawed other bob-;, sine.- coal has been left in room III Sunnysldo since shooting. Mr Buck salt! that he was told ilia I Mrs Kin ham had had Oil her hath In ! SUll nearly all day. ||C had loan ell Big ? ham $:!<? to help bear burial expense^ since he was wlthotii fund ill th*' time, He bad heard no o u'l vernal Ion prior to Shooting, nor any hailing. He aid thlil there was no . \ Idem if "i a scuffle, tbal Mrs Bighorn'* hair was not disarranged. Mrs. Bighiim w a - possibly ? feet. Inches tall, we gliln*" 1 10 pounds. ?)i cross oxrtnilnaiion .\: . I'"'11< b tlfled thai the path lb rough Shit fid" yard in ll..? | each was :?" i hill a private |>ntli. dial th v grass about II feel pai k fil wll ?' 'be body was; that bench wn Of yellow sand. Being fitiefllloned, Vr- t\\ '<?? Bfttd he w oni,i eon ?Ider II "w?lk in this path a " ? dal'I On re-direct, ho said that Avant had asked Blghatn, "Must I shoot" and Bighorn said. "Yes, shoot;" that neither Bighain or Avant or Mrs. Avant had given any assistance in attending body. On re.cross examination, Attorney Ragsdale asked why Mrs. Avant did llOt help, to whieh witness said that she was in delicate condition, about to be confined. W. Nichols, of Newberry. Mr. G. W.Nichols of Newberry was . at Muriel's Inlet on the afternoon of tin' tragedy, had heard the cries for a light, etc. Going toward the scene he recognized Mr. Curry about 40 yards away; this was after shooting. Heard the story of Shooting us told Puck by Avant and Blgham. tin cross examination, he said that in' heard Bighnm say that that tin' figure looked too tal' for Mrs. Digham, having on the long rain coat. After Mr. Nichols' testimony tin* court adjourned at 7 o'clock to re convene, on Friday morning. (.', I". Curry, of Marion. Mr. f. 1*. Curry of Marion was also at Murrol's Inlet the day of tin; trag edy; heard the cries, rushed to the spot and in going recognized K. ('.. Smith yards away. It was mere ly Kray dusk, not dark. (. A. I.cimord, off Mini el's Inlet. Mr. Leanord lives at Murel's inlet: in* was on the boat to Georgetown the next day. when Avant and Bigham took body to the undertaker. Heard Avant say: "It was a sad occurrence. hut I believe anybody would have ?Ion-- the sann? under the excitement ami fright. Dr. Bigham told me to shoot an 1 he doesn't blame me: 1 don't see why l should Ii.? |>rosoeuted". M. .1. 1'earce of Waterloo. The only Lauren.-, COUtlty witness was m. .1. Penree of Waterloo, a first cousin of Mrs. Bigham, at whose home she visited in August of this year about a month befoiv the tragedy, She received several letters while theic which witness had delivered. "I .-aw o:i" letter that she got about August 1st. which when sin* redd it. mail" her cry. I asked what was lite matter am! she gave me the letter. Site dlskj u.it a telegram tVbiu hbr husband", sold witness. Wine-.-.- testified thai Mrs. Bigham was nervous tnu) nfruM 10 to into dark by herself. Attorney Itagsdnhi in <u>-< ex ?m lilghum's liiilidwrliijig. which he did : this ? itH . \ .-d"!!tiy 10 got Into ovldei it |?osl riil'd. which deceased had written to I?- lliuiiain. Attorney iiti'iupted lo tliscredil Witness. Asked if he knew thai Mi\ >l. i. Crisp Was did no' lionw. lull a hint sol foi Hi b> the State thai tiiei'i! w.: :.!i unhnpp.i condition in the marriage relations 1 i llio couple. The letter, in tpieStion, Is supposed to he III I ?r. Bighorn's possession; Defense Offers No Testimony. Quito a surprise was sprung at |0 o'clock Kridny morning when counsel for tii" defense ntinouncod thai it would offer no testimony; this was niter a brief consultation between Messrs. Ilogsdnle and Wlngnte. Mr. Itagsdale nnnotinced that the defense would Ii.- based on St'ctloil - of the criminal code, which allowed a per t?oii lo arrest or shoot a trespasser on Ills premise- after dark. The section Is as follow.-: it shall be lawful for any citizen to arrest any person in the night lime, by such oltlclenl menus as the darkness and probability of his escape should be thereby taken, in cases where he has committed a felony or has entered a dwelling house with "\ii Intent, or has broken or Is break ing Into nu out house, with n view to plunder, or has in Iiis possession stolen properly, or being under cir cittnsllinces w hich raise just suspicion ui his design lo steal or < ommil some felony. Hees when hailed." The Vrgnmenls. Attorney .1. W. Wiim.il" of Ceorge lown opened for the defense, making :i si.mi speech, possibly ten minutes, in Whli h he urged the .jury to do their duty. He nt'glied tiiat l>> the tesiltnouy it was sulllclently dark to render recognition impossible. Following, Solicitor Cooper <>f Lau ren., mnde what was comment.? I on iis (he most powerful, logical argil lUenl of llio day. |Ic drew Hie lines CletU'b ami com lusi? ely on Ihn legal I'ighl to shoot a Ii" pilHSCr. and when conditions do not warrant it II" ^;.-1i< 1 that it was not too dark or the (noii to recognize Mrs. Bighnm; bill even If I hey did not. Ihe.V knew it was .1 p.-ison. a woman, somebody's wife, oi mother or dftughlei', lie tirrnlgned I he cow ardice of I he I wb (Hell for |?ur snini: w'iuil (hey knew to In* :i woman. nid (he shooting her in the iiuv'k. as die s|ll iplietly on the beach. ? \\ l.y did tili y hoi uulj in"- as she . oil (he hou ie, gblhg toward the ' ? I con Hinted .<> flee, and If li !in?! be 'h dark. woman Is trying to decoy hotl -" ' iid yet they walk th ? imaginary ti an; they ? ??I s"!\16 b-' d-- oj 6d: house?" Mr. Cooper was given close and earnest attention. Solicitor Wells of the 12th circuit, followed Mr. Cooper. He spoke for an hour and a half, dealing thorough ly with the law on trespass. He said that since the defense was based on a specific plea, it was accessary that it then establish the plea beyond reasonable doubt: the burden was on them. He said that because the'tuen were frightened was not sufficient ex cuse; the law doesn't exempt them from blame because they are arrant cowards. Mr. Wells went over all the testimony and made a convincing argument. Attorney .1. Willard Ragsdale had the reply, because according to court rules, when the defense does not offer any testimony, its advocates are al lowed the last speech. Kur nearly two hours Mr. Ragsdale plead in be half of his clients, and earnestly did he beg their release. There are few speakers in the state more gifted than this lawyer from Florence. His well modulated voice rose and fell in most telling and effective cadences as he endeavored to show the utter guilt lessness of his clients. And yet. Mr. Ragsdule's speech was. while a fine piece of oratory, scarcely more than an appeal to the sympathies of the jury. He called attention to the aged mother of Righam, then seated iu the court room, to Avant's wife and baby, etc. He attempted to say that it was testified that the men did hail the ob ject as il passed the corner of the house, but Solicitor Wells called him down. He made some rather un ethical allusions to Solicitor Cooper coming down from l.aurens for a fee. During many parts of Ml'. I lags, dale's speech, the defendants and Mrs. Righam ami Mrs. .\vanl were moved to tears, ami sat. their faces buried in their hand.-. Mr. Ragsdale showed the failure of tin- prosecution to establish any tub the whatever for the killing. The Judge's Charge. Judge Watts Charged the jury very briefly, though fully and clearly, set ting forth the conditions that consti tute the various degrees of homicides, drawing the distinctions between murder, manslaughter ami an acci dental killing. Interpreting the word "ileelng/" Judge Watts said that flee ing did not necessarily mean running . away, bin any effort to escape of u>-t away m> am fleeing. lie said thai ilie two (iefendaiita Wet'" aimed as prin cipals i.i the killing. "So iniitte?;" i ? ? ? act. if i ? ? ? he I 1.- I I I the : cotist it tiled manslaughter. The Jiir)'s Deliberation. Immediately after eoiirt re-convea '.i at :: o'clock, the Jury returned to the court room and through the foreman, questioned the judge if it wen- allow able io return a verdh i of manslaugh ter with a recommendation to mercy. Judge Waits replied that such could be doii<> if so desired but thai il would in nowise bind him iu determining the sentence. The jury again retired and at i: I o'clock returned a verdlci of guilty of manslaughter. According to the statement of one of the jurors, there were only two ballots taken; on the flrsi some stood for manslaughter, others for manslaughter with a rec ommendation tor mercy, None stood for acquittal, and none for murder. One juror said he would not siun any petition for a pardon. The Sentence. When the verdict was rendered, At torney Ragsdale at onco (nude mo tlon for a m-w trial, declaring thai there was not sufficient testimony to convict. This was over-ruled and the defendants wer.- (old so Stand up and receive sentence. In passing tin- sentence Judge Waits declared that he hail had much C.vpci lence in criminal cases but this Wtlfl the most unsatisfactory he had ever heard, lie would noi have been sur prised if the defendants had been ac quitted or convicted, "I am Of the opinion." said lie. "that there was mi Intention to shoot Mis. Righam; bin gl'Olil care lessness was snow a. ami the juiy in Unding a verdict oi manslaughter had perfect right so to .- iy, declaring it an unintentional killing in the pursuit of an Unlawful HCl. I do no( be lieve it was a malicious killing; you must have I.n frightened or rattled, ami I am poing to give yriu Ihe belie, fit of the doubt: ihe killing was pure reeuiessness. The sentence of court is that each of you !?? Confined at hard labor in (!:?? Stdie penitentiary for a period of three yenrs am! si.-. itclcas -.1 nn itou.i. been passed the two meu were reieas- | od on bond pending an appeal to the I supreme court. Hail was fixed ut' $l,r<00 each. On Dr. Bighorn's bond are Mrs. M, M. Big ham and I., s. Pin- ' ham, Ins brother. Messrs. Brickmnn and II I'. Carson and i M Ringel are signers on .Want's bond. I n (be Conrl Room. Among those preseni throughout the first day of tho trial wer.?: Mr M. lt. ! ('ri>;j of Mountvllle, I.aureus county. ] rather of Mrs. Bigham. tho slain wo man; Mr. \ B, Crisp of lleardmont. tin., ami Rugene Crisp of Clinton. Mr Sidney Crisp ol Orover. N C. Mr. M I.. Crisp of Whitiniro. all brothers ol the deceased; Messrs. I. .1. Bendy, It A. Whnrton. s. m. Penrce. s. R. Boney .1. C, Loner an.I S I), Chlldress of Lau rens: Messrs. L. S. und R. 1?. Bighorn of Florence county; Mrs. Bigham. the mother of Dr. Bigham; and the si\ witnesses from Marion county, who were at Murrel's Inlet on tin- day ol tin' tragedy. Both the defendants are rather young and boyish in their appearance. Dr. Bigham Is small of statue, rather heavy set. auburn hair. full, round face, apparently about 28 years of ago Mr. Avant is still younger, possibly 26, taller, light-haired, ami of medium build. Both deported themselves with apparent realization of tin* seri ousness of their situation During most of the day they leaned to one side, head and face in band, some what dejected. Neither showed an> particular emotion at any lime, not even during Mr. Buck's graphic ami realistic picture of the dead woman 1 on the bench and in the room of the Avant home. Mrs Avant was in court during the second ami sal beside her hus band: she looked somewhat older than Mr .Avant. Muriel'-. Inlet. Murrel's inlet is a resort about L'". miles up ihe coast from Georgetown. I Here a great many people, particu lar1:, residents of Marion own cot tage*! and (hero reside during the sum mer months Many 01 1 hem " run down" for :> few days ami as it hap pen.', most ?;! the witness.-.- to the Shocking tragedy had jusl arrived ,,ti Sat 11 :?'.!?> tiftei'ttooii. Se,,i,;aibe! 1. 1 1; n II ? I . eoi\ or ? ban ? ? I house.-; built facing the boa.h. Down where the title water routes and goes i.< a yellow stretch of sand, buck of which toward the bouses is a growth of grass, a tool possibly in height. Prom the sides of "Sunnyslde" run two fences, reaching the water's edge, there is now no nubile road along the beach, although many walk up and down, climbing over the fences, which are not high. When .Mrs. Hlghnm, or the "thing" passed round the corner rof "Sunnyslde" and went tovsu I tie bench, she was on what was termed u "private path." Mrs. Until Crisp ItlgllilUl. Mrs. HighaiU, the deceased, was the' daughter of Mr. M. It Crisp of Mount vllle. I.aureus county. In I'-'i'T she graduated frotU Chleoril college, a bright, attractive, pretty little woman, about live feet, three or four inches, lall, weighing possibly 110 pounds.' aged '_':'. years She was lull of life, ! Hue company, though somewhat shy 1 llcturuing to her home ;k Mountville, alter leaving college, she met ami soon alter wedded Dl ('.. ('. HightUtl, who was at the time practicing his profes sion in her home community, The marriage took place ul Mouutvllle; the couple soon returned to Dr. Ilighaiu': former home in Florence county. In the summer just past. Mrs. Ilig jljaiii visited her old home, the scenes of her girlhood, I'pon requests from her husband she returned to Florence COUIIty; soon they together went on the ill-fated visit to Muriel'. Inlet. They were guests of the Avtltlls and had been there live days. ""i> hv Dili You Slinnl r And the ipiestlon is still unanswer ed, Seated beneath an old cedar tree in the yard surrounding Sunnyslde, on that fatal Saturday night. Dr Itighuiu. sobbing as if his heart would break, ami Avail) in the same humor, were asked: "Why did you shoot0" to Mr Hour) Duck, who had acted the wise general of affairs alter the deed. I hp) told their story. "Why did you shoot a woman, sitting on (he beach?" he asked. "We i.aibd it two or three limes and received no response." Wa- that all? Did the men know it vvn a Ao man? Did they know it Was I,lie wife , of OIIC? I ?i'l ' be) sit ????< ! a pioi? I ?id ' the) hav ? i to shoot ? Whv diil ' ? ? ? I'lli 11 ? ? 5 peated call? Mysterj enshrouds the^ whole affair. No reasons, causes motives ha\e been shown, and niayH^ never he shown. Mrs IxUth C'rispi Rlghnill is dead: W. R. Avant tired tbojp shot. Why? Was the empt; bottle of > Shaw s mailed whiskey the cause? Or Ik was it t>ut the result of innate vicious- ^ ness? Was Avant simply Lllgham'ti tool? Rlghum's father, brother and I grandfather have all beeu Indicted for |* mui der. The Rathing Suit. V And w h> did Mrs. DighntU have on ^ her bathing suit, which she had worn almost all day. over which was thrown Mr. Avatlt's long rain coal? Would a woman of Mrs Itlgham's modesty and retinement appear in the dining room and halls of the hoarding house, where there was a man. other that) her bus hand, attired in such a manner, unless forced to do so? Those who Know her best, think not Does the empty bot tle of Shaw's iualt tell a stor> of mal? I real meni ami tibuso? Nil) Was She There! Why did Mrs. Rig hit tU walk down to the beach on that fatal aflernoon, in the gray dusk of evening? Ami alone? Mr. l'earce s.iys she was too timid to venture out of the house, alone, after the shades of nighl begin lo fall Was she forced lo leave the house because the conduct of the two men hail become unbearable? Some think so. Hid she seek the peaceful shore, wln-re the calm ami serenity of eventide might assuage a sorrow that was breaking her heart? Or was she decoyed ii> the spot ami purposely killed? IV A 111. SH'OAI.S STOCK IIOI.DKUN. Mcctiiiu Mon(hi* Vftcrmion Nen I'eetors Vic Klct'tcil, Tin' annual meeting of tie stock holders oi the Ware Shoal. Manufact uring company was held til the mitt on Momhi.v afternoon of tula week, the principal feature of which was the i election oi three m-w directors in place ol Me i> ,|, () (' Kloillihg and N. P. I ?i.d of ill) I eit.v n)ld Him. ,103. T .1 ihiisoti of Spartaubiirg These three ilireetOI's represented what is jmw known as tin1 "njiluorlty" in tii i !. .Ii'.; t . l.i I l.ai has he. \\ .r.- d t lip Riegel the "Inajoi iiy." In jilaCe of il ? 1 in <?>? vv, 1 eb<eld 1 ii i.illow in",: l) 1: Simmon of .?iirnh . I !?: Kntgiit : 1 11. 8 BUY YOUR COAT SUITS ^ AT-. W J. E. Minter & Bro.'s These Cool l)ays Cali for Heaviei Clarincuts. The Coat Suit is populat thiuj; foi x+ . . Season. We luve i grea! line lo >elc I from and in a mm .; ? .1 pi ices that will ysM please yon. 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