The county record. [volume] (Kingstree, S.C.) 1885-1975, 1922-08-31
CASQUE TO MOVE
FOR DISMISSAL
PETITION STATES THERE is NO
MERIT IN APPEAL FOR
NEW TRIAL.

says: Solicitor u. NJ. GaSQue Oh Mdlloli
yesterday filed a petition with the su-
preme court to have the appeal OF
Edmund D. Bingham, convicted Of the
murder of his brother. L. Smiley Big
ham, dismissed on the grounds that
ut is manifestly without merit" The
! petition to have the appeal dismissed
was filed along with the case and
exceptions of the appeal itself. the lat
ter being filed by A. L. King, attor-
ney for Bigham.
Chief Justice Eugene B. Gary has
set Friday, September 1. 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 dIsmis-
sal 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 new trial, this automati-
cally staying the death sentence.
Pending his 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 a new trial
before Judge S. w. G. Shipp of the
circuit court, claiming that after dis
covered evidence warranted new
trial. Judge Shipp refused new
trial and Bigham appealed to the su-
preme court from his refusal. This
is the appeal that Solicitor Gasque
will ask the court to dismiss.
Solicitor Gaspue gives all facts in
regard to the various appeals in his
petition for a dismissal. Attorney
King has accepted service of the pc
titlon.
In the case and exceptions filed by
MIR. King a number of affdavits are
given, purporting to show that new
evidence was discovered since t. " for
mer 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 II
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 Bigham
having moved from Georgia to Pam
plico. These dressers, Attorney King
saws, were stored In a house on the
place and had never been opened until
sometime after the trial when Mrs.
Edmund Bingham found them. The
letters, Mr.. King says, are signed in
ink al. S. Bigham." The body OF the
letters is typewriter.
Possibly one of the most important
of the group of letters is one in which
Smiley Bigham is alleged to have
written that "I 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 Margie had the two
signed deeds that had disappeared in
their possession. Causing trouble
seems to be their pleasure. They
took the money that the postoffce de-
partment had me charged with and
were the cause of Cleveland running
years have had to pay board, leave
years have had to pay board, leave
home and pay board to be in peace to
make my calculations and plats.
1They poisoned father and tried to
bison Leatha's child after her death.
hen l found them with the deeds l
decided to kill the last one of them
and leave no one to tell the tale.
I am writing this to explain why l