The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1922-02-02
Established in 1891.
E. d. Bighan1 Loses
Supreme CourtAppea[


court yesterday handed down an opin-
ion dismissing the appeal of Edmund
D. Bigham and affirming the lower
court verdict. The court dismissed
all the objections raised by defense
counsel as to an unfair trial and un-
just charging by Judge Memminger.
Chief Justice Gary wrote the opin-
ion and Associate Justice Cothran
concurred. Justice Fraser wrote q
separate concurring opinion.
Bigham was convicted of killing his
brother, L. Smiley Bigham, the trage-
dy occurring near Pamblico on Janu-
ary, Is, 1921. He was charged with
the murder of Smiley Bigham, his Sis
ter, Mrs. Margery Black, and Mrs.
Blacks two adopted children, Leo
and John McCracken. He has never
been tried for the killing of any mem
bers of the family except L. Smiley
Bigham.
First Degree Verdict.
Bigham was convicted of murder in
the first degree and sentenced to die
April 8, 1921. He appealed to the
supreme court and yesterday this
court dismissed his appeal Bigham
has. been in the death house at the
penitentiary since few days follow
ing 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 fam
lily and then committed suicide, but
an investigation resulted in the ar
rest of Edmund Bigham and later his
conviction.
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
the court longer than the term was
supposed to have run. The supreme
court dismissed this plea and Bigham
then went before the court in regular
appeal at the fall term of 1921.
In the opinion handed down by the
cuort it is clearly stated that all
of the objections raised are without
grounds for reversing the circuit
court. The refusal to grant change
of venue was proper, the court says,
and adds that Bigham received the
benefit in Florence of the prejudice
against Smiley Bigham, who had been
tried for 'revolting murder" but
acquitted.
Regarding Charging.
Edmund Bigham claimed Smiley
Bigham had killed the members OF
the family and then committed sui
eide, and one objection raised was
that Judge Memminger charged i'm
properly on this point as to suicide.
A part of Judge Memminger's
charge, "as to this case" was object
ed to, but the court says the charge
was absolutely just and was not pref
Judicial to Bigham.
Probably the most important obi
lection was that Judge Memm1nger
did not charge the jury that Bigham
was clothed with presumption Of in
nocence, but the court says Judge
Memminger did make this clear in
part of his charge.
AS to the language used by the
Judge to Attorney King the court
says Mr.. King did not speak court
language and that Judge Memminger
was correct in stopping Mr.. King
when he did stop him, adding that a
Judge may lose control of his court
within half a minute if he does not
take immediate charge of an situa-