The Union daily times. [volume] (Union, S.C.) 1918-current, 1922-08-25
SEEK TO DISMISS
BIGHAM'S APPEAL

SVucisoE -, VI. SaSQue, OF Marlol
yesterday fled a petition with the
supreme court to have the appeal o!
Edmund d. Bigham, convicted of The
murder of his brother, l.. Smiley Big
ham, dismissed on the grounds thai
ut is manifestly without merit" The
petition to have the appeal dismisset
was filed along with the case and
exceptions of the appeal itself, thu
latter being filed by A. L. King, at,
torney for Biaham.
Chief Justice Eugene B. Gary has
set Friday, September l, at $3.50
o'clock in the morning for Solicitor
Gasque to make his motion for dis.
missal under Rule 80 Of the court.
Rule 80 provides for the dismissal
by the court Of all criminal appeals
where there is apparent lack of merit
in an appeal, the motion for dismiss
al to be made by a solicitor. Under
this rule Mr.. Gasque hopes to have
the Bigham appeal dismissed.
Edmund D. Bigham was convicted
in March, 1921, of the killing Of his
brother, L. Smiley Bigham, at the
Bigham home, near Pamplico. He
was sentenced to die in the electric
chair, but appealed to the supreme
court for a new trial this auto
matically staying the death sentence.
Pending this appeal Attorney King
went before the supreme court on
habeas corpus proceedings, alleging
that Bigham had never been legally
tried and convicted. The court de.
MED Mr.. Kings petition. Mr.. King
then completed his regular appeal
and the court also denied Bigham 4
new trial on this appeal. After this
denial Bigham then moved for new
trial before Judge S. w. G. Shipp of
the circuit court, claiming that af.
ter discovered evidence warranted d
new trial. Judge Shipp refused the
new trial and Bigham appealed to the
supreme court from his refusal This
is the appeal that Solicitor Gasque
will ask the court to dismiss one
week from today.
Solicitor Gasque gives all facts in
regard to the various appeals in his
petition for a dismissal. Attorney
King has accepted service of the pc
tition.
In the case and exceptions filed by
ar. King a number Of afiidayits are
Illi tliats ueM
evidence was discovered since the
former trial and that it was no. fault
Of the attorneys that this evidence
was not found prior to the first trial.
The alleged evidence consists of IL
letters, post cards and other papers
the attorney declares. These letters
alleged to have been written by L..
Smiley Bigham to Edmund Bigham,
were, it is said, in furniture stored
away on the Bigham place and had
never been discovered until after ths
trial. They were in dresser drawers
that had been shipped from south
Georgia to Pamplico. Edmund Big
ham having moved from Georgia to
Pamplico. These dressers, Attorney
King says, were stored in house on
the place and had never been opened
until sometime after the trial when
Mrs. EdniSsnd Bigham found them.
The letters, Mr.. King says, are sign
ed in ink, 81. S. Bigham." The bod =
of the letters is typewriter.
Possibly one Of the most import
ant of the group of letters is one in
which Smiley Bigham is alleged to
have written that Il decided to kill
the last one Of them and leave no
one to tell the tale" This letter, &C
cording to Attorney King, is as fol-
lows:
Mother and Margie had the two
signed deeds that had disappeared i'll
their possession. Causing trouble
seems to be their pleasure. They
took the money that the postoffice
department had me charged with and
were the cause of Cleveland running
off and had to pay the bond For
years have had to pay board, leave
home and pay board to be in peace to
make my calculations and plats.
"They poisoned father and tried
to poison Letha's child after her
death. When I found them with the
deeds I decided to kill the last one of
them and le, u ~ one to tell the tale.
am writing this to explain whs I
diG this act. \ u will never see me
alive again
When the court meets Friday G
ne~t week an en- banc session will b.,
h = on the William Thompson case
and the case II the state VS.. LIE is t.
~ reviewed il. .onnecti"l with, this
g."
First Baptist Church