The herald and news. [volume] (Newberry S.C.) 1903-1937, 1922-01-31
yOURT UPHOLDS
BIGHAM VERDICT
SMISSES APPEAL OF FLOR
ENCE COUNTY MAN
} Reason to Reverse Judge Mem
minger, Opinion Declares.
Death in Chair

Death In Ihalf
re State, -.
The supreme court yesterday h%@a-
down an opinion dismissing tie a2-
al of Edmund D. Bighan ard affirm
the lower court verdict. The court
missed all the objections raised oy
tense counsel as to an u2fair trial
d unjust charging by Judge Mem
nger.
Chief Justice Gary wrote ne oa.a-
and Associate Justice C,,s IN
,e1cumed. Justice Fraser wrote q
9arate concurrirg opinion.
Bigham was convicted of killing MS
rcther L. Smiley Bigham the tragedy
>currng near Pamplico on J&oGaI,-
), 1921. He was charged w,ta ,..2
lurder of Smiley Bigham, MS m2,aeg,
Irs. L. S. Bigham, his sister, Ms,
Iargery Black, and Mrs. Blacks NO
dopted children, Leo and John Nc
Gracken. He has never been tried f3r
he killing of any members Of tae
family except L. Smiley Bigham.
First Degree Verdict
B;gham was convicted of murder ii
he first degree and sentenced to de
April 8, 1921. He appealed to The
supreme court and yesterday this
eourt dismissed his appeal. Bigham
las been in the death house at the
Denitentiary since a few days follow
ng his conviction.
Bigham will be carried to Florence
county at the next term of general
sessions court for resentencing-
The crime was one of the most re-
voting in the history Of Florence
county and great interest has been
Kept up in the case. The first theory
advanced was that Smiley Bigham had
killed the members of his family and
then committed suicide, but an inves-
tgation resulted in the arrest of Ed
mund Bigham and later his convic-
ton.
After his conviction Bigham went
before the supreme court on habeas
corpus proceeding, claiming that he
had never been tried, in that the Flor
ence court was unlawful due to the
fact that Judge Memminger continued
he court longer thar the term was
supposed to have run. The supreme
court dismissed this plea and Bigharn
hen went before the court in regular
-ppeal at the fall term Of 1921.
In the opinion handed down by the
curt it is clearly stated that all of
he objections raised are without
rounds for reversing the circuit
urt. The refusal to grant change
venue was proper, the court says,
ad adds that Bigham received the
eneft in Florence of the prejudice
sainst Smiley Bigham, who had been
led for a "revolting murder" but
quilted.
Regarding Charging
Edmund Bigham claimed Smiley
CHAM had killed the members Of
family and then committed SUI
lie, and one objection raised was
at Judge Memminger charged im-
o2,.v 8: this point as to suicide.
A part of Judge 3IemminGsr's
arge, cas- to this case" was object
to, but the court gays the charge
as absolutely just and vas ret pc
3icial to Bigham.
Probably the most important 81
aet;on was that Judge Mealm.G&er
ID not charge the jury that Bi2a@,n
vas clothed with presumption Of ~
aocence, but the court says judE,
Nemminyer did make this c,ear n
art Of his charge.
As to tie language used hy nc
.iudge to Attorney King the court SAYS
Mr. King did rot speak cougt lsH-
guage and that Judge Memmjn@ea
vas correct in stopping Nj. &iag
when he did stop him, adding th&. a
Judge may lose control CT his cour,
within half minute if he does not
take immediate charge C an sltu&-
ton arising.