The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1910-01-05

few days the matter of the appeal
that Is now pending may come before
the supreme court for consideration.
where is DR.. Bigham?" Is question
No. /. 1t has been stated by relatives
that he is in Greenvliic and is not
trying to evade the law. That he was
seen walking the streets of that city
few days ago is a statement that
was made in Florence and published
in the pocal paper.
Why has he not been arreste?"
This question has perhaps caused more
discussion than any matter arising out
of 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 be
necessary to go back to the events i'm
mediately following the trial. G. 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. Ragsdale gave notice of
an appeal and asked Judge Watts to
fix bail. which was done. Fifteen hun
dred dollars was the amount OF bail
named and 1t 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
replied that he 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 jurisic-
tion over the case ceased.
APPEAL NOT PERFECTED
The situation now appears to be
ed. This is matter for supreme
court to settle. If the appeal has not
been perfected as it is claimed then
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. 1t
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.
1t 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 the appeal and If
the court so decided then the officers
would have authority to make the ar
rest.
1t is not known what agreement was
made between counsel IL any. Time
has been given the stenographer to
transcribe his notes on the case until
January 90 This is, however, without
prejudice to the solicitor to dismiss
the appeal on any grounds he thinks
he has for this motion.
a.
If Bigham's appeal is dismissed there
is no doubt but that he will be ar
rested at once, as 1t is very hard to
escape the sentence of the law. Until
that Is done, the only competent au-
thority is the supreme court. Accord
Ing to interpreters of the law Bigham
cannot now be arrested lawfully. Su-
preme court rule no. 1 and circuit
court rule no. SO uphold this position.
AS far as Judge Watts Is concerned his
Jurisdiction ceased when he left cir
cult l2.
II think there IL 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 straighteR out and pass the
necessary orders, and either dismiss
the appeal for irregularities In the ap-
peal or hear the case on It's merits"
COURT RULES.
Rule so: I'm every appeal to the SUI
preme court from matter appealable,
the appellant, or his attorney, shall.
within ten days after the written no.
tice of the filing of such matter ap-
pealabe or, If filed within term time,
within ten days after the rising of the
circuit court, give written notice to
the opposing party or his attorney of
his intention to appeal therefrom, and
within thirty days after such notice the