Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-11-25
IHUGGINS Case POSTPONED
Mrs. Higgins and Albert thinner.
man to be Tried Next APRIL
INSUFFICIENT time FOR DEFENSE

Counsel Told Court Two Defendants.
Charged With Murder Are Almost
Wholly Without Funds-Witnesses
for Prisoners Scattered to Many
cities-State Opposed Continuance
of Case on Ground That Witnesses
Might Leave.
Albert Zimmerman and Mrs. Effie
Higgins charged with the alleged
murder of Pink Higgins, store keep
er of Charlotte street, Yorkville and
husband of the woman on the night OF
November 6, will not be tried until
the April, 1922 term Of the court OF
general sessions. Whether they will
be tried then remains to be seen. On
motion of Thos. F. Mellow, Esq, coun-
sci for Mrs. Higgins and w. b. Will
son, Esq, counsel for Zimmerman,
Judge Rice continued the case until
April, Tuesday evening.
Plea Of counsel was that they had
not had time to prepare proper de-
fense; that the defendants were poor
people who had not yet been able to
raise money to pay lawyers fees and
other costs; that one of the members
of the counsel did not feel physically
able to go into trial of such an i'm
portant case at this term Of court and
that both members of counsel were in
terested in a case before the supreme
court which could not be postponed.
Solicitor Henry opposed continuance
on the ground that the witnesses In the
case were migratory witnesses and
that it was doubtful IL they could be
obtained next April whereas they were
on hand at the present time and the
state was ready to go to trial.
Judge Riee's Statement.
Judge Rice stated that he would
gran/the motion for continuance be-
cause he was sure that in the event
the defendants were convicted and an
appeal was taken to the supreme court
that tribunal would set aside any ver-
dict that might be rendered on the
ground that the defendants had not
had time to prepare proper defense.
II shall allow continuance on the
further ground" said his honor, "that'
these people are poor people who
should be given every opportunity to
defend themselves no matter how
guilty or-innoeent they may be. feel
sure that should we go into the case
now all of our work would be for moth
ing" - .
w. B. Wilson, ESQ, told the court
that he had been approached for re-
tention as counsel in the case only
about ten days ago and Mr.. mellow
stated that he had been called in only
three or four days ago to defend Mrs.
Higgins. -
Change of Venue Not Asked.
There was no request made for a
change of venue on the ground that
the defendants could not obtain a fair
trial in York county for the reason
that so much newspaper publicity had
been given the case, as had been re-
ported might be made. The only re-
ference along that line was made by
Mr. Wilson who stated that public
opinion is very much fixed at this time
because of so much newspaper publi-
city but whether that publicity has
been put out by the state or who
can not say" :!
Counsel stated that the defendants
were not only almost wholly without
funds, but that their relatives had
showed TO interest in them and had
made no attempt to come to their aid.
Witnesses for the defense, 1t was
argued, are now living in several cities
and towns and counsel have had no
time to interview and examine them.
1t was stated further that Mrs. Hug
gins is an expectant mother and was
not in physical condition to undergo
trial for her life at this time.
Neither Zimmerman nor Mrs. Hug
gins were in the court room when the
motion for q continuance OF the case
was made by their counsel. They
were not brought into the court room
during Tuesday.
Bond Not Likely.
Whether an attempt will be made
to obtain bail for the two defendants
remains to be seen. In view of the
fact that both of them are without
funds and apparently without friends
it is hardly likely and the probability
is that they will remain in Jail until
next spring entirely cut off from COM
munication with each other.
The three children of Mrs. Husgins
have visited her since she has been in
the Jail: but it was learned from the
jailor that they have shown little in
terest in her. Other relatives have
also visited both Mrs. Higgins and
! Zimmerman since their arrest.