Historical Newspapers of South Carolina

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SUPREME COURT WILL CONSIDER BIGHAM-AVANT CASE AFTER HOLIDAYS The Questions "Where is Dr. Bigham" and "Why Has He Not Been Arrested" and "What Is Going to Be Done" May Soon Be Settled by Highest Court. Columbia, Dec. 20. The mystery or I "Where 1h Dr. Bigham" may soon b? solved. It is understood that within u few days the mutter of the appeal that is now pending may come hefore the supreme court for consideration. "Where is Dr. Dlghnm?" is question No. 1. It lias been stated by relatives ttint lie is in Greenville and is not trying to evade the law. That he was seen walking the streets of that city a few days ago Is a Statement that was made In Florence and published in the pocal paper. "Why has be not been arreste?" This question has perhaps caused more discussion than any matter arising out of a trial in many years in this state. Nearly, every county paper and the state papers have been asking this question and seeking an answer there to for the past several months. To reply to this question, it will bo necessary to go back to the events Im mediately following tiie trial. (J. C. Bigham and W. B. Avant, found gull to of manslaughter, were sentenced to three years and a half in the state penitentiary. A new trial having been refused, Mr. Kagsdale gave notice of an appeal and asked Judge Watts to fix ball, which was done. Fifteen hun dred dollars was the amount of bail named and it was furnished both by Bigham and Avant. When Mr. Rags dale handed up the order Judge Watts asked him if he had given notice of in tention to appeal, and Mr. Itagsdale replied that ho had. Then Judge Watts inserted In the order "that notice of intention to appeal having been given, etc," and he then signed the order for bail. After this was done by Judge Watts, according to the circuit court rules, and bond had been given, his Jurlsic tlon over the case ceased. APPEAL NOT PERFECTED. Tho situation now appears to be that tho appeal has not been perfect ed. This is a matter for supreme court to settle. If the appeal has not been perfected, as it is claimed, then a motion should have been made be fore the clerk of the supreme court to dismiss it. Until that order Is passed upon by the supreme court, the appeal is pending, and no circuit judge has any Jurisdiction in the matter. It is now in the power of the supreme court either to dismiss the appeal for failure to perfect same or to hear the case on Its merits. it is understood that Solicitor Wells has said that no written notice of in tention to appeal was given. If this is the case, then if Solicitor Wells should make a motion before the supreme court to dismiss tho appeal and if the court so decided then the ottlcers would have authority to make the ar rest. It is not known what agreement was made between counsel, if any. Time has been given the stenographer to transcribe his notes on the case until January 20. This is, however, without prejudice to the solicitor to dismiss the appeal on any grounds he thinks ho has for this motion. Those In a position to know say that if Blgham's appeal is dismissed there Is no doubt but that ho will bo ar rested at once, as it is very hard to escape tho sentence of the law. Until that !h done, the only competent au thority is the supreme court. Accord ing to interpreters of the law Higham cannot now be arrested lawfully. Su premo court rulo no. 1 and circuit court, rule no. r.O uphold this position. As far as Judge Watts Is concerned hip Jurisdiction ceased when he left cir cuit 115. "1 think there is much ado about nothing," said one in touch with the case "and when matters get before the supreme court, which will be soon, they will straighten out and pass the necessary orders, and either dismiss the appeal for Irregularities in tho ap peal or hear tho case on Its merits." COURT RULES. Rule BO: "In every appeal to the su preme court from matter appealable, the appellant, or his attorney, shall, within ten days after tho written no tice of the filing of such matter ap pealable or, if filed within term time, within ten days after the rising of the circuit COUrti g've written notice to the opposing party or Mb attorney of his intention to appeal therefrom, and within thirty dayB after such notice the appellant or his attorney shall pre pare a case of exceptions, or a case containing exceptions (which excep tions shall have been taken and serv ed within the time prescribed by law) and serve them on the opposite party, or his attorneys within such further time as. upon ten (10) days' notice to the opposito party or his attorney the Judge who tried the case may for good cause grant. But should the par ties within the time above named, be unable to agree upon a case, then the proposed case, with the proposed amendments and allowances and dis allowances, shall be, within ten days after falling; to agree referred for set tlement to the circuit judge who heard the cause who shall settle the same within the timo and in the manner provided for settling a case in rule 17. The parties If they agree on a case, or the circuit judge who may settle the same must see that the case shall, as to the requirements of the rules of the supreme court in regard to the form and substance of a case for hearing before that court. Sullivan vs. Thomas. 'A S. C, B48 and Gibson vs. Gibson, 7 S. C.Hful. lay down the rule that "the circuit judge has jurisdiction until the return has been tiled in the supreme court." Rule 1. of the supreme court, lays down the rule, under certain cases, that a motion to dismiss an appeal may be made If same Is not duly til ed. THE CASK. Apparently, Dr. Bighani has been ap prised of the provisions of law that leave him free to go where he pleases. Hut his friend Avant was not so for tunate as to be able to remain out of prison so long, for he was brought here and lodged in the penitentiary, shortly after the trial. When the supreme court settles this case will be closed one of the most mystifying happenings known in this state. The crime for which Dr. Hig ham and .Mr. Avant are under sentence Is the killing of Mrs. Ruth Crisp Rig ham, the young wife of Dr. Higham. The killing took place in September, out on Murrell's Inlet, twenty-five miles from Georgetown. The killing was not explained at the trial, but the jury took the position that no malice was in the hearts of the two men, and brought In a verdict of man slaughter, and the sentence of the court was three and a half years for each of the defendants. It was just at the close of day?the question came up at the trial as to the exact hour?that Mrs. Higham was kill ed. The state made out a case against the defendants, that Avant had killed Mrs. Higham and that Dr. Higham was present. The two men were walk ing on the beach at the Inlet when they saw an "object" so they claimed, Characters from Richard Wagner's widely discussed Music=Drama "PARSIFAL" scheduled for one preformance at City Opera House tonight |J J. N. Leak, Pres. J. F. Dorroh, Sec'y. ^8 8^ We hope to merit the business of the public at large J| A and solicit same. Si 4% A Apply to us for terms J^g * Southern Co-Operative tf % & ?5 Collection Agency ^ ? Gray Court, S. C. Busines placed with this firm will receive prompt gl 1^ attention. jj| ?Remember? To see us for The best job of Electric Wiring, Electric Chandeliers, Electric heating devices of all kinds. How about a front door Bell? Swygert & Teague Agents Studebaker Automobiles Physicians Advise the use of A goodl&xaUve, to keep the bowels open and prevent the poisons of undigested food from gettinginto your system. The latest product of science Is VELVO Laxative Liver Syrup, purely vegetable, gentle, reliable and of a pleasant, aromatic taste. Velvo acts on the liver, as well as on the stomach and bowels, and Is of the greatest possible efficacy In constipation, indigestion, biliousness, sick headache, feverishness, colic,flatulence, etc. Try VI L VELVO LAXATIVE LIVER SYRUP and Avant fired. It was Mrs. nighnni who was on the boncli and tin- shol took ci't'cct in In r body, killing her almost instantly. No one else was present at the shooting. Afterwards tests were made to determine wheth er, a! the time of day at which Mrs. Blgham wan shot a person could he recognized. The tests said ?'yes." Tests as to sound were also made, and. apparently, UtO state has a clear case ngalnst the two defendants. Mow ever, no malice could lie shown, or reason for the killing, and the Jury took the charitable view. Since the trial Dlghain has been out. and many people have wondered why he has not been arrested. The solution appears to be on the technicalities of law pointed out above. At. M. Fowler will sell yon a 15c pliijf of tobacco for 10c. It is called Mi:RR\ WIDOW. ARE YOU SATISFIED WITH YOUR STOMACH? | Do you want a better one one that won't j belch gas, or turn sour, or iccl heavy 01 make j you (eel miserable? I MXOMA. Cures indigestion It relieves stomach distress in five minutes. It turns old, IKlMtUiactOfy, rebellious storr.schc into new ones, ever ready to digest the heaiti* est meal. We guarantee Mi-o-na (ab lets to cure stomach disease. Money back if they fail. 50 Cents a Large Box Laurens Drug Co., Laurons, s. C What about protecting your property against loss by fire. We have as good as the best in the way of Insurance. Laurens Fire In surance Agency C/W. McCRAVY, Mgr. Get Your Price Right On That Protpery of Yours. No matter where or what kind il is, rich or poor, let me know by mail or wire and I'll help you sell it. I will visit you and help you get it in selling shape if necessary. P. S. JEANS Bell Phone No. 75 CLINTON, South Carolina Buy a Farm Now! 1 In the fall of the year is the lime the to buy a nice farm, you will soon have to ]>lan for next years work, so come let us show what we have listed. We have recently had some exceptional nice farms listed for sale ranging front 21 to 200 acres. Prices from $15.00 on up. We have farms all over the county well located as to Neighborhood, Churches and Schools and we can please from our list. Laurens Trust Co. C. A. Power, Mgr. Real Hstate Department.