The county record. [volume] (Kingstree, S.C.) 1885-1975, 1922-06-15

Bigham promptly asked the court.
"Say what you please, it can't do any
good now" L..
81 feel now," said Bigham, "that
God has mercy on my soul. feel
like when they buckle me into the
chair, the Lord will know and will
have mercy on my soul. have to go.
But innocent blood is being she'd"
The argument of the attorneys was
completed at 4:50 o'clock, when Judge
Shipp commenced to sum up the
results of the argument on the mo-
ton for the new trial. ~ could well
wish," he said, "to reopen this case
or that the responsibility should be
shifted to someone else. l have list
ened patiently to the argument, l
have taken the pains to 60 over the
testimony. / have endeavored to find
out how much of this evidence, as
might be admitted in a new trial,
would affect the verdict.
81 am restrained by law on after
discovered evidence. First, 1t must
show that the testimony could not
have been discovered by due diligence
before or during the trial. Second,
the testimony must not be merely
cumulative-that is, simply add to
evidence which has been given al
ready along a certain line.
"It is not for me to say whether
there were errors in the first trial.
The supreme court has passed on
that. And it has sent the case back
to me with an order to resentence the
prisoner. That means to set new
date for his execution.
"Now the defense comes in with a
motion for a new trial, with Setters.
There is no trouble as to the letters
in my mind. They were written
months before the trial. The defend
ant knew of them. If they had been
presented, it would not have been
permissible to admit them. The sig
natures may be used for comparison.
have taken the pains to look at the
letters. l see nothing like the sigma
ture of Smiley Bigham. In some 9TH
ers l see discrepancy.
During the recess, l got glass
and examined the signatures. l doubt
that any of them is the signature
Of Smiley Bigham.
"As to the intrinsic value of the evi-
dence of the paper itself, it looks
as if Smiley intended to kill all Of
the family and himself. There was
no reason to hide his intention. 1t
seems as if he would not leaYe such
a letter on the floor. 1t is unreason-
able. There was no address on the
letter.
"More likely he would have address,
ed the letters to someone. l am in
extreme doubt that Smiley ever sign
ed the papers at all.
"The circumstances in the first
trial all point to the accused. The
most significant fact is that all hands
left Smiley and Edmund in the woods
together. There is no testimony that
anyone ever saw Smiley at home
again save the family Of the defend
ant. 1t is very significant. On the
contrary Edmund testified the two
came home together. Several others
testify they saw Edmund come out
of the woods alone, look up and down
the road, and 60 with the child to
the house. There is no testimony
Smiley ever came out of the woods.
"Whoever killed these people had
not the ordinary malice, but some
motive. What motive had Smiley?
TIE will of Mrs. Black gave every
thing to Smiley. He had no object
to kill himself or Mrs. Black, his
benefactress. She had no fear of
Smiley. She committed to his care,
her mother, her two children. can't
go over the case. I have read it
carefully. / have listened to the
argument carefully and have examin-
ed the papers. can not say he
shall have a new trial. The motion
is overruled."
The court Immediately ordered Ed
mund arraignd for sentence.
L. M. Gasque, solicitor, made very
forceful argument on the case.
eff Edmund Bigham had had every
letter, which he has presented here
today, at his trial. they would not
have been admissible under the rules
of evidence" he said. "The defense
has no envelopes to show that they
ever were sent out Of Florence.
There's good reason for 1.-THE post
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