The Union daily times. [volume] (Union, S.C.) 1918-current, 1921-06-23
BIGHAM REFUSED
"A NEW TRIAL

Shipp of the Twelfth South Carolina
judicial circuit in decision filed
with the clerk of court this after.
noon denied motion of Attorney A.
L.. King for a new trial for E. ID.
Bigham, who is under death sentence
I'M the state penitentiary for the muir
der OF his mother, brother, sister
and two adopted children. The mo-
ton for new trial was argued be-
fore Judge Shipp June 11.s An appeal
from the Judgment and sentence of
the court in the Bigham case is now
pending in the supreme court. The
text of Judge Ships decision fol
lows: NJ.
"The defendant, Edmund d. Big
ham, was tried upon an indictment
for the murder Of Smiley Bigham
at the spring term, 1921, of this court
before Hon. r. w. Memminger, pre-
siding judge, and a jury, and was
convicted Of murder and was SEN
fenced to death by electrocution. He
appealed from the Judgment and SEN
tence to the supreme court, and the
appeal is now pending. The de
fendant now moves at the summer
term of this court for new trial
upon after discovered testir66n% He
introduces the affidavits MI. &c.
Garrett and of Wallie E&sWilson,
which affidavits were serysd S6a Jh.
rors H. p. Hasselden and George
White. Mr.. Garrett in his iafiidavit
AYERS that he heard the, SAID II. P.
Haselden discuss the said cas4 before
the time of the trial, in tfeSpresence
OF several persons, and he heard the
said Haselden say, WE'LL. if j should
be drawn on the Jury I know what
would do Deponent further swears
that said remarks was made by said
Haselden after the several parties
then and there had expressed the
iopinion that the said E. ID. Bigham
was guilty of the charges against
him. and that he Should get the
limit -,
"W. E. Wilson in his affidavit
swears that he heardb the tiaror
George White, say prior to the trial
that he believed the said Edmund
ID. Bigham was2guilty. 1t is signifi-
can't that although T. C. Garrett
swears that several persons were
present when the alleged, remarks of
Haselden were made. vet he does not
son. in his affidavit does not give the
alleged remark of George White.
George White in his affidavit fat
ly denies that he made. the state
saa ass6sRassa e s. sE Mllssa, i
recall saying that if he. wee SELECTED
on the jury he knew what he would
do. but says that he may have made
such a remark. but that he only in
tended by it, if made, to say that he
would be governed by the law and
the evidence. Both these Jurors were
examined on their 'voir dire and
both declared they had neither ex-
pressed nor formed any opinion as
to the guilt or innocence of the ac-
cused. and in their affidavits before
me each of them declares that he
went on the jury free from many bias
or prejudice and that he was guild
ed entirely by the law and the evil
dence in the case. The two Jurors
are known TO me to be men of integ-
ritv and character, and the affidavits
of Messrs. H. A. Brunson. j. A. Null
drow. and of Thomas S. Burch. sher-
in, ana e. NJ. Singletary, clerk. and
of Superintendent of Education A. H
GasQue show that these Jurors are
above reproach.
Courts are always Jealous of in
vading the secrecy of the jury room
and no evidence rejecting upon the
conduct of jurors ought to be re-
ceived unless served on the Jurors.
know of no case where verdict has
been set aside on the ground that
the jurors invoked divine guidance
and no such case has been called tC
my attention, and I am not prepared
to set such precedent. Circuit
courts undoubtedly have the power tc
grant new trials. especially in cases
involving life and death, even wher
an appeal is pending. but it is g
power to be exercised with grave
caution. The burden is upon defend
ant to present such a case as sat.
isfies the court. at least by a pre-
ponderance of evidence. that an in.
Justice has been done him. and l an
not so satisfied after considering al
the affidavits in this case, and the
motion for new trial is accordingly
denied"