The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-10-27

posed.
Georgetown Oct. 22.-Three years
and six months within the walls of
the State penitentiary will give G. C..
Bigham and w. B. Avant time to pic
ture to themselves again and again
that September evening when a gun
In the hands Of the one sent to her
death the young wife of the other. To
the husband will come the vision Of
the beautiful bride. near whom he
stood and saw killed by his best
friend. 1t Is the verdict of the Jury
In the case Of Bigham and w. B..
Avant that they were guilty of man.
slaughter. 1t Is the sentence OK the
court that the defendants shall be
confined at hard labor In the peniten-
tiary for three and half years. The
jury remained out little more than
two hours. .rs.
Retiring at o'clock the verdict was
returned at AIS o'clock this after
noon. The jurors asked for instruc-
tions from the Judge once. They were
not decided as to whether or not they
could find the defendants guilty of
manslaughter with recommendation
to the mercy Of the court and what
the effect would be on the sentence.
Refusing a motion for a new trial,
admirably presented by Attorney
Ragsdale.. Judge Watts pronounced
sentence upon tie two. young men.
The principal ground of the motion
for a new trial was based upon the
argument that there was no evidence
upon which to base the verdict re-
turned. which should either have been
an acquittal or a verdict of guilty Of
murder. The defendants were grant
ed bail in the sum of $1,5O0 each.
upon notice Of an appeal being TAX
en- to the supeme Court. Judge Watts
said after hearing the argument for
a new trial that he did not think the
verdict Of the jury should be set aside,
taking into consideration all the facts
as brought out by the evidence In
the case.
The pisoners stood up to receive the
sentence. &@
When the Jury brought in the YER
dict neither Avant nor. Bigham show
ed and signs OF emotion, but later, as
they began to realize that they were
found guilty Of the killing of Mrs.
Bigham, both showed that they were
moved. DR.. Bigham completely broke
down as he was receiving the sem
tence OF the court.
'The solicitor worked hard. and got
all he could out OF the case" said
Judge Watts. 1.-The defendants were
represented by able counsel. have
had considerable experience in GRIM
inal cases. but this Is the most mys-
terious and unsatisfactory case ever
tried. I would not have been sur
prised II the two defendants had been
acquitted or II they had been convict
ed Of murder, but am of the opin-
lon that there was no intention on
their part to kill Mrs. Bigham. Great
recklessness was shown. The jury
probably found that In the pursuit OF
an unlawful act a gun was handled IN
a grossly careless and negligent man.
ner. They had a perfect right to find
that this was an unintentional kill
Ing. constituting manslaughter."
Judge Watts pointed out that there
should be more care in the handling
of guns. "But do not believe" said
his honor. that this was a malicious
killing. You must have been fright
ened or ratified. I am going to give
you the benefit Of these doubts. The
killing was pure recklessness. No
doubt you have both suffered~already
and you will suffer more. In a mo-
ment of recklessness the life of a
good woman was taken. I know we
can't punish the guilty without also
Furnishing the innocent. Your aged
mother will suffer, DR.. Bigham. I
must say, though, in justice to you
both that there was no malice, in my
opinion. In the killing. The sentence