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TilE SLAYER OF FLOYD DECLARED NOT GUILTY JURY BRINGS IN VERDICT OF AC. QUITTAL IN SHORT WHILE. Verdict is Surprise to Many Present. Received by Prisoner With Slight Smile. The State. Whiteville, N. C., March 11.-"Not guilty," spoken in dictinct tones by R. F. Covington, foreman of the jury, was the verdict rendered this after noon at 5.30 by the jury, Which has for six days had in their hands the fate of Mr. and Mrs. N. M. Hayes, charged with the murder of Robert M. Floyd, on the evening of Febru ary 4. last. Both of the defendants pale, but showing little more concern than has characterized their action throughout the trial, stood up, held up their right hand and received the verdict. The announcement of the verdict brought a slight smile to the face of Mrs. Hayes, while her husband show ed no signs of the result having dawned upon him. The jury having at once been dis missed the prisoners shook hands heartily with the 12 men who had given them their frecom. Some Demonstration. There were shown demonstration by the friends of the defndants upon the announcement of the verdict, but this was soon hushed in the expres sions of disappointment by most of the people in the court room and be littled the open indignation as express ed by a great number on the streets immediately after the crowd reached the court house square. While the defendants had a number of friends in Whiteville it was clear ly evident that the verdict was a dis appointment to the court attendants. With the testimony all in, the gen eral impression was that a verdict of at least manslaughter would be ren dered. Hearing the cnarge of Judge Cook to the jury strengthened this impression, hence the utter surprise at the verdict rendered. Whiteville, N. C.. March 10.-With all the testimony in and four of the eight arguments heard, the case of the State of North Carolina against Mrs. Rosa D. Hayes and Neal M. Hayes, charged with the murder of Robert M. Floyd, will, in all probabil ity, go to the jury late tomorrow aft ernoon. There yet remain four speeches by counsel and the judge's charge on the law covering the in dictments. The jury will be called upon to decide whether or not Mrs. Hayes is guilty of the murder of Floyd, and whether or not her hus band, Neal Hayes, was an accessory before the fact. Mrs. Hayes admits the killing of the young man in her home, at Tabor, N. c., on February 4 of this year, but claims that it was justified by his attempted assault up on her. Neal Hayes, while not him self taking the witness stand, through various testimony denies any knowl edge of or any part in the killa:g. The Issue Clear-Cut. For the jury in this case, which has excited so much interest in the two Carolinas, the issue is clearcut. It must believe the story told by Mrs Hayes, or it must deny that she told the truth when she c~.amed it was to protect herself and her honor that she shot young Floyd. It must credit her story entirely and discredit the various facts, circumstances an' statements introduced by the State, or it must place credence in that tes timony that conflicts wvith Mrs. Hay es's version. It is Mrs. Hayes's word against an array of physical fac circumstances and certain sta,temen' that she herself is credited with hav ing made, and which vary materially with the story she told on the stand. Fragmentary those facts and circum stances may appear, but with con sumnmate skill has the prosecution so marshalled them that the jury must necessarily take note of their signi ficance. Circumstances had to be re lied upon, for there was no witness to. the tragedy's beginning save the innocent sixteen-months-old babe of the accused w.oman, who, declares the defendant, was on the bed upon which she struggled against her al leged assailant. The State's Case. Summed up, .the prosecution con tends that Mrs. Hayes, although mar ried, loved Robert Floyd, the sweet heart of her youth; that she loved in vain; that in desperation, her advan ces having been spurned, urged or forced by the will of a jealous hus band who1~ had gained the unwelcom ed secret, she took the life she ador ed. Bearing out this theory, the prosecution sought to show, in spite of her declaration to the contrary, that Mrs. Hayes had always loved endearing terms afer ner marriage; that she told a young woman that she wanted to leave her husband, go where she was not known and have "Robert come to her;" that so jeal ous 'as this unlawful love, the un happy woman dogged the steps of her beloved when he went to visit one to whom he was paying court; that on this trip she followed his every move with watchful eye; that so enamour ed was she that her ten-months'-old baby boy was negligently left at home from Sunday morning until Tuesday morning, and that disappointed in the failure of her cherished desires, her fury knew no bounds. Against Neal Hayes, the State held that, knowing the state of his wife's heart, either forced her to kill his rival or agreed with her - that he should be killed and helped devise plans by which it might be accomplished. To show this, the target practice with his wife, the letter he wrote to Floyd urging him to come to Tabor. and the two secret councils he held with her the afternoon of his arrival, are circum stances introduced in evidence. The Defence. As stated in yesterday's dispatches, the defence admits the killing of Floyd by Mrs. Hayes, but claims that it was .ustifiable-an act necessary in the defence of herself. To establish this, Mrs. Hayes's testimony was of fered. Regarding the circumstances I introduced by the prosecution, the de fence denied those which were per se incriminating and contended that the others were without significance. From the nature of the defense set up by Mrs. Hayes, that it was an act prompted by the necessity of the mo ment, it follows that under such a plea Neal Hayes could have had no' knowledge of nor any part in the killing. Defendant Tells Her Story. "On Saturday night, one hour after dark, I was at my home; heard some one at the door which was locked; unlocked it, opened it, and Floyd was there. I spoke and asked him to come in; he walked in, hung up his hat. I told him to wait until I could get. a lamp and we would go in the par lor, but he followed me into the bed room, put his finger on the mole on my lip, and asked how it was getting along. "Then he pinched my cheeks and asked me to kiss him, smilingly say ing it would do the mole good. I told him no, that was not the way I want ed it treated. Floyd's Alleged Advances. "Then he said: 'If you will kiss me, and submit to me, I'll treat the mole for nothing.' I said, 'no, my husband 'will pay you for the work. What do you mean?' He said, 'if you will sub mit to me I'll treat the mole for noth ing and give you $5.' 'No, I said, I have a husband, working for me, turn me loose and get out of this house.' He put his arms about me aid press ed me towards the bed. (Here Mrs.j Hayes related her version of the al leged attempt to assault on the part of Floyd.) I protested. In the tus-I sle, I got one of the pistols, which was under the pilloiw; we got off the bed, somehow, tussling, and stood up. I said turn me loose. or I am going to shoot you.' Kept on Shooting. "He wouldn't do. it, and I shot him, bu.t don't know where I hit him; but I meant to shoot his arms loose from 1 me. He grabbled at the pistol, but I was shooting right on; don't know how many-'times. Tn the tussle I losti the automa>tic pic ol; don'.t know whether he got it or I dropped it, but I grabbed the other pistol and walk ed backwards towards the door, keep ing my .face towards him. He follow ed, I shooting, until we reached the hall door, when he fell at the door and I fell out of the coor, down the steps. "After I fell I heard the -baby cry and I rushed back into the house, don't know how, but the baby called for Neal, and I came on back to the front, jumped off the far end of the porch and went to the gate, where Neal met me. Then I went to King Seal's house, where I was arrested, and stayed there until Monday, when~ I was brought to jail." Said witness: "I am expecting to become a mother in about three months, and ,1y visits to Neal that Saturday afternoon were about my condition, as I was not feeling well." The Verdict Guilty of murder in the first de-: gree, which'carries with it the pen alty of electrocution at Raleigh; guil ty of second degree murder; guilty of manslaughter, or not guilty, are the verdicts which may be returned' as to Mrs. Hayes; guilty or not guil ty as to Neal Hayes. The prevailing, opinion among court spectators here~ is that the verdict will be not gulty~ as to both husband and wife, or at' most a verdict of manslaughter for the woman. State Scores lIeavily. The prosecution scored heavily to da with the testimony offered in re bat.tal. !By responsible citizens of Tabor it was shown that the bed on which Mrs. Hayes says she scuffled strenuously with her alleged assailant; was, 40 minutes after the tragedy, un ruffled except near the foot where a baby might have been lying. Seeking to show a malicious delib erateness and an awful determination to kill and to be certain that she had killed her victim, the State introduc ed two witnesses wvith whom Mrs. Rayes talked soon after the tragedy, who testified that the woman said: "After I fell out the door and he fell at the door I went back in the house, got another pistol and shot him again." If Mrs. Hayes shot, as she ::laims she did, why, asks the prose ,ution, did she continue to shoot on and on, and even after her victim; as prostrate and his life ebbing rapidly away? And to get back in the house, the position of the body appeared to make it necessary that the woman step over the fallen man to gain the door. FOR BROAD VIEW. President Urges Young Southerners to Forget Partisanship-Speaks at Atlanta Meeting. Atlanta, Ga., March 10.-President raft in a notable speech before the ,losing session of the Southern com rercial congress tonight made a plea :o the young of the South to take up :he political issues of the day from a road and liberal standpoint and to ?liminate from their consideration all narrow partisanship and sectional sm. Other speakers of national promi aence at the closing session of the :ongress tonight were Gov. Woodrow Wilson, of New Jersey; J. M. Dickin ;on, secretary of war. The president arrived ein Atlanta shortly after 11 a. m. today and left! igain at midnight for Augusta, where he is to have a nine days' vacation. From the moment of arrival until he leparted the president was busy. He was escorted from the terminal sta tion, through streets crowded with people to the auditorium, where the :ongress is in session. From there Le went to the Capital City club for uncheon. During the afternoon there was a reception at the gover aor's mansion, a visit to the Univer ity club, dinner at the Piedmont Driving club and the address tonight it the closing session of the congress. During the afternoon the president addressed an audience of negroes at :he Central Avenue Methodist Episco pal church where Col. Rooserelt' spoke yesterday. Mr. Taft said in part: South Has Gained. "The commercial and industrial de relopment of this country of the last 0 years has been so great that the statistics startle us. An examination shows that proportionately the com ?nercial and business growth of the South is greater than that of any ther part of the country. A cotton rop that sells for a billion dollars .nsures prosperity, and when in addi :ion to that you raise a corn crop worth half a billion dollars. and in lude the tobacco you raise, the pro luct df your iron industry, your cot :on manufacturing and your truck~ ~ardening, as well as the naval stores f the Carolinas and Georgia and the mgar and rice of Louisiana and rexas, the fruits and the lumber of all the Southern States, one begins to et a conception of the marvelous progress of the South.... Helps Whole Nationi. "The growth of the South in wealth, in education, in civil order and in ivilization has contributed greatly to he growth of the country. By mak ng a greater South you have made . greater country. With what is al ost a monopoly in the growth of otton, you have swelled cur exports to a point never reached before. "In the spirt of proper exultation >ver your industrial and agricultural success you !represenstativ~es of ,the outhern States gather in a conven ion like this to devise new ways and means for the development of your 3mmerce, for the increase of your manufactures and for -the promotion m. f better farming. I congratulate you ti >n what you have done. I congratu- Iga ate you on your prosperity." d TATE OF SOUTH 'CAROLINA, COUNTY OF NEWBERRY. By Frank M. Schumpert, Esqqire, - Probate Judge. WHEREAS Mrs. Alice Dominick made suit to me to grant her Letters d of Adm.nistration of the Estate of and ffects of Jacob H. Dominick. I THESE ARE THEREFORE to citeN in admonish all and singular the kindred and creditors of the said al Jacob H. Dominick, deceased, .that a they be arid appear before me, in the c] Cort of Probate, to 'be held at New-' ei berry, S. C., on Wednesday, the 29th s lay of March, next after publication thereof, at 11 o'clock in the forenoon, A to show cause, it ;~ny they have, why 2. REPORT OF TI THE COMME OF NEWE At the Close of Bu; Condensed from Repori RESOURCES Loans and discounts $443,597.75 Overdrafts, secured and unsecured - - 30,225.05 South Carolina bonds 1,000.00 Real Estate - - - 9,750.00 Cash on hand and with banks - - 86,178.38 $570,75118 Correct-Attest: W. H. HUNT, JNO. M. KINARD, Directors. GEO. S. MOWER, 4 0o Interest Paid The Bank That Aiw JNO. M. KINARD, Pres. 0. B. ME .RE That there -is m *Analysis is proven co *obtained every year f They are made from * actual field experim< requires, and not formulating. * Every ingredien selected for its plant work to do at the prc plant fertilized with regular from sproutir Ask your'dealer see that the trade-n When you see this := you are getting the ROYSTER Fish Fei F. S. ROYSTER ( -- FACTORIES AN '-NORFOLK. VA. TARBOl BALTIMORE. MD. MACO COt.UMBUS. GA. iesid Administration shaould not be and. GIEN under my hand, this 13th - . f March, Anno Domini, 1911. FRANK M. SCHUMPERT, ,J. P. N.C. IOTCE OF FINAL sETTLEMENT. Noice is hereby given that the un ined will make a final settlement rite personal estate of Charles L. frok or unllas in the Probate Court for "Why somi eerry County on the 16th day of 1 search of P iac, A. D. 1911, at 10 o'clock a. m. AcigCr r mmediately thereafter apply for tng Con dic'harge. All persons holding thU.SP is against said estate will pres ~ ame, uly attested, to the under gne on or before said date. o C. P. WFilmms, inistrator of Charlos L. Williams. E CONDITION OF RCIAL BA NK ?RRY, S. C. siness, March 7,1911 i to State Bank Examiner LIABILITIES Capital Stock -. -$ 50,000.00 Surplus and profits earned - - - - 66,822.81 Dividends unpaid - 938.00 Due depositors, viz Ind'd'ls 424,740.08 Banks - 28,250.29- 452,990.38 $570,751.18 on Savings Deposits .ays Treats You Right. YER, V-Pres. J. Y.,McFALL, Cashier GISTREDI ore to a Fertilizer than nclusively by the results rom Royster Fertilizers. experience obtained by ents of what the plant from ready refe'rence t in Royster Goods is food value, and has its iper time, therefore the ROYSTER goods is fed ig time until harvest. for Royster goods and iark is on every bag." ~fjoR you knOW that genuine and original ilizer. IUANO COMPANY, D SALES OFFICES: O. N. C COLUMBIA. S. C. N, GA SPARTANBURG. S.C. MONTGOMERY. AL.A. Offers from Leading Manufacturer patents. "Hints to i,ventors." "Inventions needed." e inventors fail." Send rough sketch or model for atent Office records. Our* Mr. G3reeley was formerly, imissioner of Patents,:and as such hadflulL chargeof tent Office. IEELEY&McINTIRE a WASHiINGTON,JD. C.,