The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1922-08-31
GAsQUE TO MOVE FOR D1MIssAL
Files Petition i'm Edmund ID. Bigham
Case-No Merit in Appeal.

yesterday HlGu pellIlOI Will viz 9o
| preme court to have the appeal OF
Edmund D. Bigham, convicted of the
murder of his brother, L. Smiley Big
ham, dismissed on the grounds that
| cit is manifestly without merit. The
| petition to have the appeal dismissed
| was filed along with the case and
exceptions of the appeal itself, the
latter being filed by A. L. King, at
torney for Bigham.
Chief Justice Eugene B. Gary has
set Friday, September 1, at $3.50
o'clock in the morning for Solicitor
Gasuue 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 mer-
it in an appeal, the motion for dis
missal to be made by solicitor. I'm
der the rule Mr.. Gasque hopes to
have the Bigham appeal dismissed.
Number of Appeals.
Edmund D. Bigham was convicted
in March, 1921, of the killing of his
brother, l.. Smiley Bigham, at the
Bigham homA 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 a
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 after
discovered evidence warranted a new
trial. Judge Shipp refused the new
trial and Bigham appealed to the su-
preme court from this 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
Mr.. King a number of afidavits are
given, purporting to show that new
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 the
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. Edmund Bigham found them.
The letters, Mr.. King says, are sign
ed in ink "L. S. Bigham." The body
of the letters is typewriter.
Important Letter, Maybe.
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, accord
ing to Attorney King, is as follows:
Mother and Maggie had the two
signed deeds that had disappeared in
their possession. Causing trouble
seems to be their pleasure. They
took the money that the postoffice de-
partment had me charged with and
were the cause of Cleveland running
off and l had to pay the bond. For
years l have had to pay board, leave
home and pay board to be in peace to
make my calculations and plans.
They poisoned father and tried to
poison Leatha's child after her death.
When l found them with the deeds |
decided to kill the last one of them
and leave no one to tell the tale.
1 am writing this to explain Why l
did this act. You will never see me
alive again.
When the court meets Friday of
next week an en- banc session will be
held on the William THOMPSON case