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THE HOYT HAYES CASE. Governor Heyward to Decide the Issu t-Ar guments by the Attorneys. [Tho Stat??, October 7. J Tho case of Hoyt Hayes is in tho hands of tho Chief Executive of the State. The man is condemned to be hanged at Walhalla next Friday, October 1 Uh. The crime with whic h he in oharged is the taking of the life of bia wife. Lula Hayes, formerly Lula ('rune, was found doa?! in her bed with tho top of her head blown off. A Bingle barreled shotgun beside her in the bod was the instrument of death. Her husband's statement before the coroner's jury was that lie had been called out to the lot about -i a. ru, by a noise, and that in his absence his wife, who was morbid on account of approaching maternity took her own life. The father of tho deceased woman was not satislied with this statement and bad a second inquisition made by the coroner. This time a jury was summoned and the verdict was that she came to her death at the hands of parties unknown. lier ?loath occurred on tho 26th of April, IJIO'i, an?! a few days later a warrant was sworn out for the arrest of her husband. At tlie first trial in duly, 1908, tho jury was unable to agree after having been out 20 hours, although a ma jority wore for conviction. In No vember of last year the case was tried again, Hoyt Hayes W?IH con victed and Bontencod to be hanged on the 16th of January of this year. Tlie ease was appoalud to tho Su preme Court, which affirmed tho ac tion of the lower court in regard to the questions which should or should not be put to jurors on their voir ?lire. Subsequently Hoyt Hayes was resentenced, the day of Iiis execu tion being s?'t for next Friday. Tuesday Janies 1*. Carey, ono of Hayes' attorneys, went down to Manning and lhere presented to Judge Dan taler the arguments in fa vor of a commutation of the sen tence. Judge Dant/.ler declined to make any recommendation to the Governor, favorable or otherwiso. Solicitor Julius K. Hoggs, of Pickens, the prosecuting officer, was ber?' last night, but could not 1)0 Been in time to get a statement as to :.ny recommendation ho might make, but it is said that he will not recom mend executive clemency. Mr. Carey and VV. J. Striblingand J. VV. Shelor, of counsel for Hayes, appeared before the Governor yos terday and were closeted with him for two hours or longer, urging tho case for their client. Gov. Hey ward gave no intimation of his views in the matter, but is studying tho evi dence in connection with the argu ments pro ami con. The attorneys urged as the grounds for tho commutation of the sentence from the death ponai ty to imprisonment for life tho follow ing reasons : L, The ease is one of purely cir oumstantial evidence, and the well established rules of law ill this State as to circumstantial evidonoo aro these J (a) tho circumstances from which tho conclusion is drawn must be fully established ; (b) all tho facts must bo consistent with tho hypothe sis ot* guilt; (?.) tho circumstances must bo of :t conclusive nature ami tendency; (d) tho oircumstnncos should to a moral cortainty actually exclude every hypothesis but the one proposed to bo proved. It is in cumbent upon tl o State tt> prove guilt tinder those four rules, and thc attorneys for Mayos contend that the entire Heeord in the ( }<. vernor's ollie?', nil of which is printed, shows boyond nil question that tlie State broke down in its offofl to lasten the guilt upon Hoyt Hayes as required by these rules, but on the contrary mans of tho oircumstanoos t fini more strongly to establish th?' theory of suicide. 'J. There is a riot - ti the hands of tli?' Govornor, which was introduced in evidence at tho trial, lound at tho house of Hoyt Hayes tho morning alter her ?h ath in these Words ! "Lula. I am treated well by Hoyt, but I had rather dio than lo have the pam and sickness <>f mother hood, therefore I writO to let you know I ?lid it." The point was made and pressed bo foro the Governor that if Lula j Hayes wrote this not?' she committed i suicide and that the proof in the ??ase is clear to the effect that she did write this note. No witness Ott the part of tho State has sworn that the note was not in her handwriting, and several experts and non-CXporl witnesses have sworn to the off cot that this noto WftS tho handwriting ol* Airs. Lula Hayes. Letters and documents in tho admitted hand? Writing of both Hoyt Haves and his wife, Lula, wee?' pr?sente?! and the' great weight of tho testimony bore out conclusively that sho did write j tho noto and that if th?' Govornor roached tho conclusion that this was! in her handwriting the matter should then ami there end by the Governor Commuting the sentence. 'I. That tho doubts as to Hoyt I I layes having written this note ure HO grav?' and serious as shown by the records in the casi- that human life Leing at stake the highest penalty known to the law, which is death, slio II ld not ne inflicted in this case. If such should bo done and his inno cence afterward be demonstrated tlie mistake would be awful ami beyond correction. That so many miscar riages of justice have been made whore circumstantial evidence of al weak character have boon relied upon, it is always dangerous to indict the] death penalty on evidence o? this character. ?1. The position of tho body of, Mrs. Hayes when fourni on tho bed, tho State had contended, showed that si c was shot while lying; on the bed with her bead on thc pillow, and thc State had sought to establish from this theory that Hoyt Hayes had killed her while sleeping in this position on the bcd. Thc attorneys contended that thin theory was com pletely upset by the physical facts that there were powder burns upon the neck of thc deceased, close down to the pillow, and not the slightest powder burna on thc pillow or on the side of the neck which was rest ing close down on the pillow, and that tho main impact of the matter i torn from the head of the deceased was two feet and upwards above the ! level of the bcd on the wall in the j corner of thc roora ami diagonally across from the wound. That these I facts showed conclusively that the ' deceased was not lying on the bed ] with her head on the pillow, but was I ovidently sitting or reclining in such position as established thc suicide: theory contended for by Hayes. ;'>. That at the time of the trial prejudice was high against Hoyt Hayes, mainly <>n account of rumors, and that 22 of thc panel of ?{ti jurors had said at thc trial that they had formed opinions in thc cause, but nevertheless could give thc defend? ant a fair trial, but human nature is so constructed that it was impossible to eradicate completely, not only from this, bul from any jury, these preconceived opinions. But that since the trial there were a great many people in Oconee county who did not believe that the death penalty should be indicted in this case, which is clearly proved by the fact that a petition is in the Ciovcrnor's hands containing 1,037 names asking for the commutation of this sentence, and a great many strong letters from good and reliable citizens of that county giving their reasons why the death penalty should not be indicted. 6. There is an absolute failure of any evidence to show motive on tho part of Hoyt Hay i to take the life of his wife, but OL the contrary the testimony shows conclusively that their domestic relations were of the happiest. A Dozen Times a Niyht. Owen Dunn, of benton Ferry, W. Va., writes: "I have had kidney and bladder trouble for years, and it becamo so nail that I was obliged to get np at least a do/.eii times a night. I never received any permanent benefit from any medi cino until I tried Foley's Kidney Cure. After using two bottles, I am cured." J. W. bell, Walhalla; W. J. Lunney,Seneca. The Editors in Politics. There is an idea in some quarters that a newspaper man should not be come a ca. didate or hold an office. There is no reason for such an opinion, In fact newspaper mon ought to be! on trusted with oven the highest po- j litioal positions in tho gift of the people. Tho newspaper business requires tho highest order of talent. No one can succeed in the calling unless he keojis up with what is going on in tho world. Tho editor ts bound to have knowledge of public matters. Our observation lias been that counties which hllVQ sent editors lo tho Legislature have been intelli gently represented. A man who reads till tho newspapers of his State must bo better informed than tho one who lives in some remoto section and puts up with ono news paper. When ( Iori. Ilagood was elected i Governor ho subscribed foi all the county newspapers in order to know I what was going on in tho Slate so ; that ho could wisely administer tho government. lt tho best informed aro peculiarly suited for oflico there is no sound I roason in tho proposition that a newspaper man should never seek or i hold oflico.-Abbeville .Medium. One dollar por 100 pound* of cot ton is being paid by some planters in Georgia to pickers. This is an un precedented price, and shows bow anxious tanners are to get thc rapidly opening staple out of tho Holds and to tho market. Don't lie a Clam. A clam a thousand years ago, was as now, and a thousand years hence will bo I he same. Keep up In the race. 1'se modern paints, as they arc sure to wear. White lead made into paint by hand labor be longs to thc past, lt's a (dam. lt chalks. II lets thc w ood rot. Wo "ill give a liberal quantity of L. A M. l'ai lt freo, to three property owners who paint their houses with L. A M. within nex' thirty days. lt's load and/.Ino. lt's non-ohalkablo. It's thc cheapest. 'lakes the least. Kvory gallon must oe mixed with nearly a gallon of oil, making pain? cost less than (il,25 a gallon. The L. & M. will bo sold by a local dealer or direct, address Longman A Martinez, New York, paint makers for lifty years. C. W. Pitchford Co., Walhalla. Three Solid Car Loads Hardware. Biggest Line of Hardware and the Lowest Prices now on these Goods that have ever been offered to the People of Oconee County. BUILDING- MATERIAL. .hist think-ouo solid cir load of Building Material, such as Doors, (plain and glass), Window Sash, Mouldings, BU Dds, Mantels, ole. Ovor :>00 Doors, any size; 500 pairs Sash. Wo ofter you 8x10 I2dight Sash at 87o. per Wintlow; always sold heretofore at $1 per Sash. Other sizes as cheap in proportion. STOVES-HEATING AND COOKING-. Ono solid car Cooking Stovos, Ranges and Heating Stoves. Cooking StovoB $7.60 and upwards, with full line of nieo Vessels. Wo havo the kind that makes cooking, a pleasure. Tho- aro guaranteed, aud this is backod up by us. Heating Stoves for churches, school bouses aud residences, $1.25 to $10. Some rare bargains in this liuo. BARB WIRK AM) NAILS. ONE SOLID CAR LOAD OF WI lt K ANO NAILS. DAUB WIRK 2 8-4 CENTS PER POUND. _ WIRE NAILS AT $2.60 PER K KC BASE. _ GUNS, LOADED SHELLS, ETC. Huns, Hunting Coats, hoggins, Reloading Sots, otc. Hopkin & Allen Singlo Kareel Guns, $8.50 This (hui has always been sohl for $5. Double ll irrol Guns $8.60 to $25. Loaded Shells ouiy 88 cent? por box. AGRICULTURAL IMPLEMENTS. Try an Avory Stool Plow if you cannot got anything else that will turn your laud. Wo havo tho Syracuse Plows, Mallory's Combination Plows, otc. If wo haven't got in stock what you want, wo can order it. Shingle and Saw Mill Supplies, Belting, Rubber Hose, Piping, Injectors, Valves, Etc. _All oui- Customers are our Friends._ MATHESON HARDWARE CCv WESTMINSTER, SOUTH CAROLINA. ITEMS OF INTEREST Gathered Herc, Thero and Everywhere-News Notes and Miscellaneous Paragraphs. Japan is preparing to increase her war strength to 1,000,000 men. Unless there is a commutation of his sentence Aaron Williams, the rapist, will he hanged in Camden on November -llb next. A Torrington, Conn., man, who has vowed to live 100 years, fell from a bridge, seemed to drown and was hanged by a rope when pulled out, but still survives. The Piedmont Manufacturing com pany is putting in a 1,000-horse power Corliss engine to drive its ma chinery. Tlie new engine displaces one of 650-horse power. Greenville county cotton producers held a meeting last week at Green ville and advised that farmers refuse to take less than ten cents for their cotton. The Ministerial Union, of Spar tanburg io complaining to the rail road commission because the South ern railroad is violating the law by hauling freight trains on ?Sunday. Four persons were drowned, 18 are missing and a half million dollars' worth of property was de stroyed at Trinidad, Colo., last week by a flood on the Purgatoire river. A flood in Rio Mora river caused the drowning of twelve persons, and destroyed ?100,000 worth of property at Watrous, New Mexico, Sunday. .Many persons were rescued from tree tops and house roofs. The books ot the late 1). P. Ver nor, Master ol" Greenville county, arc being examined by a committee. The hocks ari' reported to bo <n bad shape ate! it will be some t ,e be fore a full report of their 'ditton (ian be made. An inquisitive man snid to Dumas: "You aro a quadroon?" "I believe I am, sir," said Dumas. "And your father?" "Was a mulatto." "And your grandfather?" "Negro," hastily answered the dramatist. "Ami may I inquire what your great-grandfather was?" "An ape, sir," thundered Dumas; "yes, sir, an ape ; toy pedi gree commences where yours termi nates." Marly on last Monday morning, od instant, a negro named Thompson went to the place of W. T. S m arr, in Bullock's Creek township, near Broad river, and killed another ne gro named .leter, using a double bar reled shotgun, tiring both loads into his victim, deter was picking colton in the lield at the time. The trouble an ISO ? ?vcr the W ile of .Icier. Veterans of the Civil War aro now dying at the rate ol' lld) each day, according to :i statement made public last weew by Commissioner Ware, of thc Pension Bureau, The mortality among soldier pensioners of ali wars and classes last year was 31,728 deaths, of. whioh - ?? ?,< ?T1 were volunteer soldiers in tho Civil War. Commissioner Ware estimates that the death rali' among pensioners of all classes at the close of the present year will approximate. 47,000. C. ll. Peed, a flagman on the Southern Ballway running between Augusta .and Columbia, was killed by a passenger train at Langley Monday night of Hst week between S and 0 o'clock. Ile was sitting be side the (rack asleep when struck by thti train and instantly killed. It appears that he was the flagman on freight train No. 18?, which w.it. on the way from Columbia to Augusta and due to arrive there at about 0 o'clock. His brother was conductor of the train. How tho Trusts Striko Evory Homo. Tlio tariff question is a business proposition that concerns every man, woman and child, for it taxes the average home $110 a year, or more than one tenth of the average fam ily's total income. There is an aver age of ono and o<ie-eightb-tenths earners in tho average home. These contribute thirty days' labor each, or fifty-four days' labor a year to the tariff-tax collectors. If this $110 went as honest taxes to our govern ment to meet necessary expenditures, no fault would be found, though the tax would bo considered extremely high. Hut only a very small part of this $110 eau be classed as legitimate taxes. Hy far tho greater part goes to million and billion dol lar tariff trusts and monopolies, which thrive now as never before in this country. These greedy trusts levy a tribute of $94 a year upon the average home, while.the government collects an average of about $15 a year in tariff taxes ; the collection last year amounted to $3.40 per capita, or $16.62 per family of 4.7 persons. Do tho heads of these 17,000,000 families, the voters, knowingly and willingly donate $04 a year to the trusts ? Do they love these trusts more than they love their wives and oh i ld re n ? If not, why should they vote to give this $94 to trusts that do not need it rather than to keep the $94 for their own families, who do need it? An extra $94 a year would mean much to the average family in the way of better food, clothing and education. A vote for the Democratic; party means a vote to dispense with this additional tax. NOTICE. T WA NT EVKRV MAN AND WOMAN in tho 1 Uni tod States Interested In tho euro of tho Opium or Whiskey Habit, either for themselves or friends, to have ono of my books un those ilis oaso> Adilross l>r. lt. M, WOOI.I.EV, ?ox ;!07, Atlanta, <?a., and one will bc sent you free. Thc House Fly and Fever. It has been definitely established that tho house lly is the most active of the disseminators of tho deadly typhoid bacillus. It is a very lilthly inseot. It feeds on the foulest of or ganic matter, wherein fever bacilli flourish. Covered with the germs of diseaso thus oolleotod it alights on the tabb; where food is being eaten, or takes up abode in the pantry where it is kept. On bread, meat, fruit arol vegetables it leaves innu merable deadly bacilli. All who uso tho contaminated food expose tin .n (dves to the disease. Edward Drescher, a yoong husiness man of Caldwell, Texas, was overcome by the heat in the publio load recently and foll beside a nest of large rod ants. Miss bora Mason passed hy an hour later and discovered Drosohor unconscious. His lace, neck, hands and head were literally swanning with the rod ants, w hic h liad attacked him so viciously that his features were hardly recognizable. Medical attention was procured, hut Drosohor ched this morning. It, is be lieved the ants killed him, rather than the sunstroke. Typowrilcr Record Broken. Miss Olivo M. Cameron, of Ten nessee, stenographer in the Patent Office, has broken all typewritten records by rattling off 23,000 words in a day of seven and one-half hours. <? PISO 'S CURE FOR o crt T CONSUMPTION Has No Tongue, but Speaks Distinctly. For four years Th?ophile Doodles, a carpenter, aged 58 years, of Paw tucket, H. I., has buen without a tongue, yet to-day he speaks English and French distinctly. Ile said to a correspondent of the New York World recently : "Four years ago I had a cancer on roy tomine I went to tho Rhode Island Hospital, where Dr. Mitchell, assisted by other doctors, removed my tongue at the hyoid arch. They had to pull out all my teeth on one side iu order to perform thc opera tion. "In six weeeks I began to try to say the alphabet, and finally got so I could be understood all right. "When it is cold I have to keep my mouth closed. If I should keep my mouth open for any length of time in winter the muscles of my throat would get weak. "I can taste food as well as evur. Of course I cannot cat hard food, as I cannot turn it about in my mouth. I cannot describe how I manago to supply consonant sounds. I kept working tho muscles of my throat, keeping my mind on the sound familiar to my ears and now I can say anything." No danger of consumption if you uso Foley's Ilonoy and Tar to euro that stub born cough. Sold by .J. W. boll, Wal halla; W. J. Lunney, Seneca. The Clayton Railroad. After a rest of a few weeks in rail road work, things have begun to move. This week Capt. Berry is extending tho telegraph line to Clay ton. A. M. Richardson, route agent for the Southern Bx press Co., in stalled an office hero Tuesday. The construction train has been moving the timber to build tho Scotch Creek trestle.-Clayton Tribune. Several tuen were resting on the piazza of a fashionable boarding house, when a man of very striking personality passed. One of the men remarked : "That man used to be considered the s ti ongest man in the city." "He's a prominent lawyor, I sup pose," said another. "No, a blacksmith," answered the other. '.My dear boy, never defer until to-morrow what you can do to-day." "Then, mother," replied the urchin, "let's eat the plum pudding to-night." A buffoon, having offended his I sovereign, was condemned to die. 1 Hoing permitted to choose what kimi of death he would die, ho chose to die of old age. A young lady remarked, during a storm, she was afraid of lightning. "And well you may be," said her despairing lover, "your heart is made ol* steel." The Alumni Association of tho ; South Carolina College is sending out circular letters To every person who has ever attended that institu tion, wind her a graduate or not, ask ing for a life record. At a joint meeting of the execu tive committee of the Gonzalos Muniment Association and the 1 Ladies' Auxiliary, the treasurer made ? a statement showing the funds in bank to bo $1,688.85. It was decided to proceed with the oreo'ion of thc monument. Ernest II. Muller, a young Charles? tonian, about 10 years of age, was accidentally killer! last week while shooting marsh hens on Morris Island. Ile was using a boat to get close to his game, and dropping his oar at sight of a bird attempted to pick up thc gun. It exploded, killing, him almost instantly. K?KPING PACE WITH DEMANDS. Thin Will He Truly . ?renter State I ah- -u Begins un October 25th Ample Arrangement*. The State Agricultural and Mechani cal Society purchased one hundred acres of level land In the southern part of Columbia last spring on which to hold its annual South Carolina State F?lrs. This change was made necev ' ary because the old grounds were too small to accommodate the large num ber of exhibitors and visitors who an nually attended the great fairs, and the buildings were no longer suitable for the purposes for which they were built On the new grounds there ls room for everything and for every body, and they are more conveniently Situated' to the transportation lines than the old grounds were. The dis tance ls less than a half mile from the new union depot? and the grouudB are reached by several line roads and by the street car lines, and no trouble will be experienced in handling the large crowds that are sure to visit Columbia. Visitors will find everything brand new this year. The buildings are all modern in construction, large, airy, and com fortable, all one story, with numerous exits and wide aisles. One building is devoted entirely to the handiwork of women, and is set apart from the other buildings so that the fair sex may en Joy themselves without Interruption. Another building is devoted to the agri cultural exhibits and implements, and another to the commercial exhibits. Then, the poultry building oe :upies a very prominent location and is very large and roomy.f?The live stock Urns are so arranged fhat all visitors can safely and conveniently pass through all of them and see all the stock at any time, and the management specially requests that visitors avail themselves of this opportunity. The regulation mile race track ls lo cated in the southern part of the grounds, and is a beauty. The races may be viewed from the Fair grounds if it be preferred to do so, but a large, comfortable grand stand is located at the finish of the home stretch, where th?' races can be viewed to much better advantage and with more comfort. The quarter stretch is not separated from the grand stand, as was Hie case on the Old track, tint all are combined under one Inclosure, thus increasing the social part of the meet, Tlu- Midway or Pike ls located near the main entrances, ami will be filled With all the modern shows and attrac tions. With wares from very part of the world, and with people from every part of the world. The athletic grounds are located just opposite the Midway, on the oilier side of the entrance, Here will be played two excellent games of football ?luring Fair week. The ra (roads have offered very cheap rates on account of the first Greater state Fair, and they will run must convenient schedules from all sections "f the State. In view of all the attractions that have been ar? ranged for, there is no risk in saying that Un- large crowd of last year will be doubled this fall, and that this gre.11 aathering will bc more easily ac commodatcd iban in any former year. Kvery one ought to attend the only big fair and social event In the Stat?. Buying a Volcano. Mexico City, Ootober 3.-Thei final papers of the transfer of Co???r catiipeti were signed to-day by N?^r York parties for the acquisition of tho volcano and its immense sulphur deposits. Gen. Gaspar Sanchez Ochoa, a veteran Mexican officer, one of the principle owners of tho property, received $800,000 gold and will bo givon '200,000 shares in an American company which is to be organized with a oapital of $6,000,000, T.W.WoorM Sons' New Fall Catalog Issued August 1st, is the most helpful and valuable publication of ifs kind Issued in America. It tells all about both Farm and Garden which can be planted lo advantage and prolit In the Fall, Mailed free to Farmers and Gardeners, upon request, Write for lt. T.W. Wood & Sons, Seedsmen, RICHMOND, . VIRGINIA.