The herald and news. (Newberry S.C.) 1903-1937, March 10, 1911, Image 1

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% ton VOLUME XLIX, N%UBR20. NEWBERRY9 SOUTH CAROLThA, FRIDAY, MARCH 10, 1911.TWUAWEKsua.m Southern Pov Is Grat CAN SELL POWER IN ANY QUANTITY CAN NOT SELL LIGHT FOR RE. SALE OR DISTRIBUTION. Will Begin Work on Sub-Station at Once-To be Built in City Limits. Pursuant to adjournment city coun cil met Wednesday afternoon at 5.30 o'clock to hear the report of the spe cial committee appointed to put in prope .. legal shape the ordinance granting the franchise to the Southern Power company. There were present at the special meeting, Mayor Lang ford, Aldermen Earhardt, Lominack, Rodelsperger anu Goree. The report was read by Attorney Blease. Alderman Goree moved that council ratify the franchise as sub mitted and adopt it as an ordinance of .the town. The roll was called on this :motion and resulted as follows: Yeas-Mayor Langford, Aldermen Earhardt, Lominack, Summer, Rodels perger and Goree. Nays-None. Alderman Earhardt said that he hoped this would end the discussion of the franchise matter, and, there fore, made a motion to put on the par liamentary clincher, as it is termed in the legislature, which is a motion to reconsider and lay that motion on the table. On this motion the vote stood: Yeas-Aldermen Earhardt and Rodelsperger. Nays-Mayor Langford, Aledrmen Summer, Goree and Lominack. The ordinance as adopted and rati ied is printed in this issue of The Herald and News. and is practically all that the Southern Power com pany asked; in fact, is more because it gives the Southern Power company the right to sell power in any quanti .ties it may desire. :Mr. Milmow stated that the company would begin work on the sub-station within ten days. or sooner if the ma terial could be gotten on the ground, and that the sub-station would be built alongside the South -fork of :Scott's creek, near the Mollohon mill. The contract of the Southern Power 'company with the Newberry cotton mnill requires it to have power for the -use of the mill by the 1st of May. COUNCIL CONSIDERS FRANCHISE. City Counteil Reaches an Agreement Which is Satisfactory to All Concerned. City council met on Tuesday night -at 7.30 o'clock in regular session. There were present Mayor J. J. Lang ford, Aldermen J. W. Earhardt, R. L. Lominack, C. T. Summer. Ed. L. Rod .elsperger and 0. S. Goree. The pro ceedings of the last meeting -were read and approved as read on motion of Alderman Gorse. Chief of Police C. W. Bishop submit -ted his report, showing the action and -doings of his department, which was received as information. Mr. )filmow Present. Mr. Milmow, of the Southern Pow er company. was present and in re sponse to an inquiry by the mayor,. stated that he was anxious that city council would take up) tI' matter of the franchise which ha-1 been under discusionby city couni,pritn the Southern Power company to comeh 'o Newberry. As Alderman Lominack had not yet arrived, a-nd it wa~s de sired that a full council be~ present when this matter was considlered, oth er matters were taken up pending the ?.rrival of Alderman Lominack. Alderman Lominack having arriv ed, MIr. Milmow said that he did not~ have much to say except as to the three amiendments, which had been s uggeste'd by city connil at its last IneetLug. The Souli1Thr P(o-wer company would agree as vart of its franchise not to sell power in less than 100U horsepower for redistribution or~ re sal e so long as the city planti i in *eneration by the city. 7er Co. ited Franchise station within the city limits, am would begin work at once. or just a soon as the material could be gottei on the ground, but it would not car( to have that provision made a par of the franchise. That the Southern Power compan would not agree to put in the fran chise, a provisiorn not to charge mor( than was charged in any other towr of similar size. He said the reasor for this was that conditions in 6( years might change and: it was pos sible that on account of these condi tions. it might cost more to product power in Newberry than in othei towns, and it would not be fair to th( company to have such a provision ir the franchise. The matter had beer taken up with the New York ofh.ce, and the company would not agree tr this provision. Mr. Milmow thought that council and company were so close together, that he hoped they would be able tc reach an greement. There Was No Caucus. Alderman Earhardt asked If certain members of council had held a CaU cus before the meeting, V.nd if it had been decided i.ftsuch neeting to grant the franchise to the Southern Power company. If that had been done by a majority of council, there was no nec essity to discuss the question or to suggest any amendment, 'but It would be just as well to go ahead and have a vote. - Mayor Langford stated that he did not know of any such meeting, and that he had been to none. Alderman Summer made a similar statement. and so did Aldermen Goree and Lom inack. Alderman Lominaok suggested that they just grant the request of the Southern Power company to furnish power to the mills. . Mr. Earhardt Submits Resolution. .Ilderman Earhardt then submitted the following resolution. and asked if a proposition of this kind would be acceptable to Mr. Milmow. He said he still favored a maximum ra:e, but co.unci-1 had voted him down and he wanted to get the next best thing: Resolved. That the town council of Newberry shall grant unto the South ern Power company the right and privilege to use such streets, ways and alleys of the town, as shall be shown hereafter by proper survey to be necessary for said company to have, in placing its lines from the in corporate limits of the town to the Newberry cotton mills and to the Mol lohon mill and to the city 'water and lighting plants, with the understand ing that the said streets, ways and al leys are to be used by said company under the same conditions and re strictions as are set forth in the franchise lately requested by it from the town of Newberry. That if the Southern Power com pany agrees to accept a propos:ition of this kind that it be authorized to pro ceed forthwith with the survey refer red. to and submit to council a map designating what streets. ways arid alleys'they will require for the pur pose mentioned. Not Acceptable. Mr. Milmow stated that he did not think that such a proposition would be acceptable as they would have to include Oakland mill and would prob ably have other appilations for pow er, and it wou-ld be necessary every time to go before .council. In fact, he hoped that there would be a demand for more power in Newberry for the p)resen:t sale would not warrant the company in building to the town, and that the company was doing so in the hope that the town would build up and go forward. This resolution gave the right to use the streets but it would necessitate the company appearing before coun ci! every time they wanted to do any thintr. Aleman Summer said that he did not object to the reselling and dlistri but ion, but he wanted to protect theI Mr. Milmow said that ihey would str'ike the 1 (4-horsepow'er condition off if it were <1esired. Annt tme Pennasiain Ijy Adrman. other proposition, which amends see tion 6 of the original franchise a, submitted, by adding this proviso "Said company shall not, during th life of said franchise, establish oi maintain within the city of Newberry an electric lighting plant - or watei station." This Acceptable. Mr. Milmow said with a few sligh changes, 'he 'thought that that proposi tion would be acceptable to the com pany. The purport of this is that thf Southern Power company would hav( permission to sell power to anybod3 I within the city and in any quantity but would not have the right to fur nish lights. In their contract with th( cotton mills, it is agreed that lightL will also be furnished for the mills. Alderman Earhardt stated that thE city plant was not intended primar ily as a power plant. but as a lighting plaint, and it had been run as a powei plant only to accommodate a number of small industries, and he would havE no objection to the Southern Power company furnishing lights to thE mills, and the large corporations be cause they did not now obtain their lights from the city plant, and he had intended to put in a proviso covering that point ad would make a part of his Proposition. This proposition of Alderman Ear bradt's seemed to meet the approval of the entire council and to be accep table as a solution of the difference between the Southern Power company .and the city, and it was agreed that a proviso could be put in the fran chise permitting the Southern Power company to furnish lights to any cor porations using as many as 100 horse power. Mr. Milmow said that he was satis fled that that proposition would be ac ceptable to his people. Alderman Summer said that he did .not object to the Southern Power company coming into Newberry. In fact, was anxious for the company to come, but ihe wanted to protect -the city plant. Di1d They Make Offer for Greenwood PlantI Alderman Earhardt read from a re port of the city council of Greenwood, a statement that the power and light ing plant of that ci,ty had cost $68,000, and tha:t it was valued at $150,000, and the City was submitting in this re port, a question to the citizens of Greenwood asking it eney would con sider a propositon of $250,000 for the plant, and intim2ated that city council had such a proposition. Mr. Earhardt wanted to know if Mr. Milmow knew whether or not that proposition came ,f.rom the Southern Power company. Mr. Milmow said that 'he was satisfied that it did not a:nd that there had been no negotiations between the Southern Power company and the city council of Greenwood, so far as he had heard, and be believed if ithere had been lie would have heard it. The Earhardt Proposition Agreed To The proposed amendment by Mr. Earhardit was agree to 'by council and a committee composed of Aldermen Earhrardt and Summer wajs appointed to meet with the city attorney, and .put the suggestion in proper legal form to be submitted 'for ratification at a special meeting of council to be held Wednesday afternoon at 5.30 o'clock. The motion to adopt the re solution was made by Alderman Ear -hardt. and seconded by Alderman Summer. FRIEND STREET LIGHT. City Coneil Orders That Light in~ Friend Street, Near Union Depot Put Up at Once. Mayor Langford, at the meeting of~ city council Tuesday night, called at tention to the street light in Friend street, which 'had been ordered put tip during last year. Alderman Rodeclsperger moved that city council order this light put up. This motion was seconded by Alder man Earhardt, and unanimousl y adonted. I nasmnuch as Mr. M.: L. Spearman, chlairmlan of the boarof commission ers of public works, stated at the last mneeting that the commissioners would put up the light at once upon receiv iug the order to dg so, it is presumed that this light will now be put up). It J. C. HIPP GRANTED BAIL IN SUM OF $4000.00 MR. JNO. C. HIPP APPEARS BE. FORE JUDGE WATTS. No Affidavits Submitted by Either Side.-Rehearing May be Had by Either Party. Special to The Herald and News. Greenwood, March 9.-Judge R. C. Watts on Wednesday afternoon grant ed bail in the sum of $4.000 to Mr. John C. Hipp, charged as an acces sory in the killing of Mr. James S. Gilliam by S.am Boozer, colored, on Mr. Hipp's plantation at Old Town on last Friday evening. . Solicitor Coop er stated that he had not had time, since notice of the motion to secure affidavits, but that he was willing to agree to bond in the sum of $5,000., Col. George Johnstone, representing Mr. Hipp, said that his clieut would have no inconvenience in furnishing a $5,000 bond, but suggested that he felt it was too large in view of the circumstances. Solicitor Cooper said he felt that he would have to ask for further time to secure affidavits un less the bond should be as large as $5,000. Col. Johnstone suggested that an order could be passed unon which the bond could be increased upon a subsequent showing, if after investi gating fully the solicitor thought the amount fixed too small. Judge Watts said unless an amount dhould 'be agreed upon, he would grant the State further time if the solicitor de sired it. Col. Johnstone said the de fendant would prefer to give a larger bond than he thought the court would require upon a full showing, rather, than have the matter delayed. After some discussion, an order was passed fixing the amount at $4,000, the un derstanding being that the State may move to increase or the defendant to decrease, upon a subsequent showing. Mr. Hipp came to Greenwood- on the early train yesterday morning ac companed by his attorney, Col. George .Johnstone, and Constable Can non G. Blease. The motion for bail was taken up in open court during the dinner recess hour. Col. Johnstone began his statemenL by recounting briefly the facts attend ing the killing of Mr. Gilliam. At the time Mr. Hip~p received the message in Newberry telling of the cutting of the negro women hjy Gilliam, Col. Johns'tone said, Mr. Hipp a did not know who the parties assaulted were, nor the cause of it. He told of Mr. Hipp and Sam Boozer and another negro going on the train 'to Old Town, "and it was proved afterwards, when they got there," 'he said, "that .one of 'the negro women who had been stab bed was Sam Boozer's wife." Col. Johnstone said 'he had not pre pared any affidavits on the motion for bail, but that Mr. Hipp was in court, and that he would have him sworn, if it was desired. He said Mr. Hipp was snot moving for a discharge, which he felt he was entitled to, but. 1 only for bail, being ready to answer4 any charges preferred or which might be preferred against him. He said hca would state to thle court the rumors3 upon which Mr. Hipp had been ar-i rested. Col. Johnstone said: "At the time -of the .killing BoozerI was out. in the yard, and so was Gil- I liam out in the yard, in the rear of' what is known as the residence, or ~ white man's house., on that plantation. Mr. Hipp himself was in the kitchen, but reached the door of the kitchen' ico.king out in the yard just about the time that the killing took place. D)ur ing the progress of the inauest there was an inclination on the part of one or more to direct a certain part of blame for this row to Mr. Hipp. Since i the inquest the main point that is laid stress upon is the 'fact that Mr. Hipp bought that day, partly before and partly after-they were some little j ~ time in the transaction-bought a shot gun, and it was supposed and believed by some 'that tilat shot gun was~ the gun that did the killing in the hands. of the negro Boozer. The fact is-_ and we will swear Mr. Hipp, if~ your Honor desires it--if the solicitor de sires it, of course-the fact is that Mr. Hipp exchanged a small singk- v barreled shot gun with Mr. Will a whit.niri .man Zord Whir&'s som double-barreled gun, paying or agree ing to -pay the difference. That gun he handed to a negro wio was with him at the time to send home to his house a ifle and a half down the road from Newberry. The negro, unfortunately for this rumor, did not carry that gun home, but took it with him, through mistake, over to the depot. When Mr. Hipp got there he found this negro with the gun, and he told him to give it to another negro who would carry it home for him. By that time the train had started to, move so rapidly that the negro could not get off; so Mr. Hipp told him to sit still. He did sit still with the gun in his hand until he reached Helena. At Helena he -got off, walked on back home, and took the gun down to Mr. Hipp's house. I .did not bring a witness that he carried it to Mr. Hipp's house, but Mr. Hipp can testify to the fact that he gave it to the negro on the train, told him to get off at . Helena, the train being too fast at that time for him to get off, that he did take it off at Helena, and when Mr. Hipli got home he found the gun where he had told the negro to put it, that is, at his house, a mile and a thal-f from New berry. So far as I am aware, that is an outline of the transaction. "I suppose we -Wd as wel'l be can did with the solicitor and the court both, enough to say that there has been some jisposition to make some what of a scandal in connection with Mr. Hipp and the wife of this gentle man who was killed, and that it. is suspected or whispered, or believed, that Mr. Gilliam had became annoyed at this negro woman whom he cut, the wife of Sam Boozer, because he suspected that they occasionally might meet down at that negro wo man's house. I think it is right to state that, because it there is any thing in it we want it to come out. "The position of Mr. Hipp is that he was not at the place on the day of the difficulty when it started, that he went up ther on this telephone mes sage, that he had nothing to do with the trouble, was in the house at the time that the trouble took place, or just coming out of it, hearing the quarrel out there, and that he has 1n more to do with it than any other erson who might have been about here, and that he did not furnish that egro any gun--that he bought the fun for his own purposes at his own ouse, and I suppose was just ex :anging a little one-ibarreled gun that had become unfit for his chil ren-they had passed beyond its use, .nd he was exchanging it for a touble-barreled shot gun, which shot gun never saw those premises. The negro did shoot Mr. Gilliam with the egro's own gun." Cl. Johnstone said he did not feel Lhe evidence was sufficient to hold Mr. E{ipp at all, and he -felt he would be justified in asking for a discharge, but e was only asking for 'bond, being ready to meet any charges which night be made. Solicitor Cooper said he had tele honed to Coroner' Felker to secure flidavits, but there had not been time > get them here as yet, and then the luestion as to whether the bearing ~hould be continued or an amount ixed, came up, as reported above, Col. rohnstone stating that Mr. Hipp was man of some property and could' ive any reasonable bond. and his iusiness arrangements were.such that e could not leave if he wanted to; and of course he does not care to," aid Col. Johnstone. .Jno. K. Aull.I Hle Lost. An East End ho'stess tells us of a oung man who apologizcej for bing "We're so glad yo got here," she aid to him. "But where is your irother ?" "He has commissioned me to tender is regrets. You see, we are so busy :t the office just now that it is im 'ossible for both of us to get away at ce. So we tossed up to see which hould have the p)leasur'e of coming ere tonight." "How original : And so you won ?" No," hIe replied, absently. "I lost.'' t -Boston Traveler. Pulaski Lodge, L. 0. 0. F. C Pulaski Lodge, No. 20, I. 0. 0. F., I 'ill meet Friday night, March 10. 8 o'clock at Klettner's Hall. W. H-. Hardeman, N. G. JBALOUSY THE MNOTIVE IN FLOYD KILLING State Attempts to Prove Love of Mrs. Rosa D. Hayes for Robert Floyd, Her Victim. Whiteville, N. C., March 8.-The State apparently placed its trump card in the prosecution of Mrs. Rosa D. Hayes, her husband, N. M. Hayes, and his brother Lloyd. for the murder of Robert M. Floyd. when they put Miss Mary Holt on the stand and attempt ed to establish .the motive for the crime. Miss Holt was subjected -to a most bitter and cruel cross-eamina tion by lawyers fbr the defense, which she stood clamly and seemingly with out being disconcerted by the ques tions asked her. The Motive. The motive sought to, be establish ed was that of jealousy and love. Miss Holt told of conversations heard while she was a visitor at the Hayes home, in which she claims Mrs. Hayes ex4 pressed her love for r loyd and threat ened that if her husband did not stop fussing with her she would leave him and study to be a trained nurse and, that Floyd would go with her. When the lawyers for the defnse began their cross-examination of the witness they questlonld her as to Uf character, and whi sano addiitted that she had heard rumors that the had A character as a bad woman she denied the truth of the rumors. She admitted consulting physicians for a complaint but denied that it was of the nature that was inferred by the questions of the lawyers. She said physicians had been unable to diagnose her trouble. Whiteville, N. C., March 7.-The most interesting witness today in trial of Mrs. Rosa D. Hayes, charged with the murder 'of Robert Floyd, a young medical student of Charlesto.n, Vil S. C., was Mrs. Mims, daughter of the editor of the local paper, who print ed an interview with the defendant after her incarceration. Counsel for the-defense hotly contested the admis sibility of the testimony. In the iM terview the .17 year od wife and pri. oner admitted that sne bad been un. usually friendly with her victim and that as helay dying hefadcalled go her in endearing terms. The State further introduced wit. A nesses to tell of a trip the defendant and her victim shad taken last sum mer to a neighboring seaport town where they spent the night at thte same hotel. Eye witnesses swore that Mrs. Hat es continued firing at Floyd .after 'she had fallen, and a physician testified that he fou-nd nine oulets in Floyd's body. The State -has not yet -succeeded - an showing a motive for the cime, ;hough but few of the fifty witnese sumnmoned have 'been examined. The trial will probably consume the eek. Whiteville, N. C., March 6.-The ury that will decide the fate of Mrs. [cza D. H-ay-::, N. 31. Hayes, her hus >and, and Lloyd Hayes, who were >laced on trial here today to answer he charge of having murdered Rob ~rt M. Floyd, at Tabor, N. C., on the ~vening 'of February 4, last is tonight uartered at the Columbus hotel in' ~harge of deputies. Contrary to the ~xpectation of every one the panel vas completed fust before adjourn, nent late this after.noon. In view of a special venire of 200 aving been drawn and* the defense eing allowed 69 challenges, it had - een generally expected tf?nt the rawing of the jury would consume ii of tc-iay. oCurt was not called till his afterno)on, Judge Coo-k, who spent unday with his son in Charleston, ot having reached here till noon. In - iew of the circumstances then the ~ompletion of the panel by tonight is onsidered a marvel. Loses Barn and Contents. Mr. D. WV. Buzhardt, who lives in ~o. 10 townsbip, near the Un'ion aca emy, had the misfortuge of having is barn destroyed b,y fire Wednesday ight between 8 and 9 o'clock. Besides he building, he lost 8,000 bundles of dder, six tons of hay, fifty bushels f cotton seed. two cows and one iule. Mr. Buizhardt estimates his loss at 1.10)0, and his insurance amounted to nly $200). The oriegin of' the fire s not knnwn.