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