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sj Mit SFMTI K WATCHMAN, Eatabl Consolidated Au*. 2 1 THE MAGISTRATE WAR. MAJOR KIICliN WIllTFS ULF.AM: HI Wil l MM <.l\ I I I'. i. , \\ >i ,1 I bat Mai. i Will hv \ti? ndcd to -At Propc and in Proper Way.'* Spartanburg March 10.?"Having mi appidn'' d fi?r two years >r un il my successor In appointed by and *tth the consent of the senate, I re? gret that, under the existing circum? stances, I do not feel uuthorixed or duty bound to surrender the office of magistrate. ' said MaJ. August H. K r by In a lett? r whic h be wrote Qov, Cole L. Blcase yesterday In answer to the executive's letter informing him that his commission was null and void. "Oo ahead und perform your duties as magistrate, and pay no attention to Mr. ku s ' is the advice received from Uov. It lease by J. Malcolm Uow den, who'was appointed by the gov? ernor to sie-? , d MaJ. Kirby. Another magistrate. W. C. Harris n of Raadville. who was recommend, d for reappointment by the legislative delegation, declines to surrender his ogftoa to tb - governor's uppolntee. T. I >. Fowler. These were today's developments In the magisterial muddle In Spar tanburg county. MaJ. Kirby's letter to the governor follows In full "Hon. Cole L. Bleaae. Governor, Co? lumbia. S. C. "Lwar 8lr: I am In receipt of yours of the Ith Inst.. In which you any 'your aucceasor having been appoint? ed, your commission as magistrate Is hereby revoked and made null and void." Having been apolnted for two yeara or until my successor rs ap? pointed by and with the consent and advice of the senate, I regret that, under the exuding circumstances, I do not foal authorised or duty bound to surrender the office as magistrate. "I um r?k?r <4 t?. turn -?vor rr my successor the office of magistrate, had he bean apolnted and commissioned as the law requlrea, as per civil cod , section 982. "You having Ignored the recom? mendations >f the Spartanburg county delegation and the senate. 1 am u?l vised that I .mould hold over as legal magistrate. fours respectfully. "A. H. Klrb>. "Magistrate.' Mr. Bow den wrote Qov. Bleaae that j in compliance with the governor's In? structions he had made formal de? mand of MaJ. Kirov. In the presence of a wltneiifi, for the books and p . pers of the magistrate'? office and that Ma,. Kirby had refused to give them to him. Mr. I'.owden has r- - celved a letter from Alexander Rajl land, private secretary to the gov? ernor, stating "The governor Is In receipt of your letter of March ?i and directs me to advise you to go ahead and perform your duties as magistrate and pay no attention to Mr. Kirby. that tin* matter will be attended to at the proper time and In the proper way. Yours very truly. "Alex. Rowland. ' Private Secretary." Then 1* considerable speculation aa to what "the proper time anil the proper way" mill lie. It Is said that If the governor should now attempt to remove MaJ. Kirby "for cause" It would be i virtual acknowledgement that he had no authority arbitrarily to revoke the commission as he has d>ne. It la expected that the matter will be adjudicated when the rival mag? istrates present their claims f >r sal? ary. Both are doing business, but not nearly s.. mu< h as if there waa no . l-ojd on their titles |g the \>fflce. The oth*?r Spartanburg magistrate, Robert J. Oantt. whose right to the office Is not disputed. Is being swamped vlth business. Many liti? gants are fearful that decisions or Judgments rndered by either ?f the ' other two might not hold, a Magistrat?- llirrlson or lb i Ivlllc \ was In the . it. r..d ? . in consultation twi'h Mm I Kirby. He aygg commls ?j med n m. i.- ?? In 1 !?I0 l?y C,.?\ . ^Vcs.l |n till out IhS wneypmd lam iof It. T. Pearson, resigned. M The ?b b g?itio?i recommended Mm f ?r renppohitrneii'. (luv. I'd Ignored the r>?comnn rdatlon and ap? pointed T <? Fowb i magistrate. Mr. Harrison h-n n c.-Led a d? mand from Mr. Fowler f .r the official books, lie ? has declined, however, to kI\c up the P ?oka and Ii i" >?du< ils.ied April. 1H?0. 381 COURT: HAYESES NOT GUILTY I - KLAYER OF riiOYD ACQVITTED of Ml KM K CHARCJE, Bf V?*r?li? t IU ikIi rc<l Alter one Hou. and a QtJfMr4! I>< IIIk i juIoii Jury lb-date, it- Itrlicl' In Story as Told b\ H? It sou ?> llu>cs of How and Wh) Stic shot Youc" Medical S.u ?l**nt?Mr*. Hayes Sin is Emotion? Points in .lud?;?' < ookc's (barge. \\ hit?-\ ill*-. N. C, March 11.--' Not guilty," so said the Jury this after? noon at l:tti Mi ?M CMUM wherein Mrs. Kosa I \ Haws was charged with the murder of Robert M. rioyd. a young medical student -f Charleston. at her hono- in Ta'oor, N. ('., on tin evening of February 4. and Neal Hay s, her hushand, as accessory be? fore tie fact. While there was a 'slight demonstration by the fri-nds of the defendant v. hen ihe verdict, was returned. which quickly quelled. great Indignit.on was expressed by numerous people when the news spread on the streets that Hayes and his wife would go in e. It was not believed that a \ erdlct for a higher offence than manskiKhter would be returned, and after hearing the eharge of Judge Cook this opinion j became much stronger. That the verdict caused surprise is expressing ' it mildly. Shortly after the jurors left tbe court room several >f them were met by a young lady who did i not hesitate to express her opinion of them. ! Solicitor Sinclear was the only at? torney to speak when court convened this afternoon. He made a splendid speech and then Judge Cooke charg? ed the jury as to the law. He did not read the evidence, this being waived. The charge t > the jury was given in a very impns.-ive manner His Hon? or standing, which 's something not often done. It was 1:11 when the Jury was given the case. l or the t.rst time this afternoon did Mi es show weakness, hut it was only for a few minutes and she regained the composure that has characterised her during the entire trial and has been one of the fea? tures of the east . .lu^l as the s > MottOff I OBOludt d his speech she was seen t<? covertly wipe her eyes with her handkerchief and upon viewing a. r elos- |y it was noticed that she was crying, but endeavoring to suppress lo r emotion. A solemn Stillness pre vaded the court room after the jury I retired and every noise, n ? matter how- slight caui d the deft ndants and the few remaining there te eagerly i >ok In the direction of the jury ( loom. Pale, but \? rt. . tly calm, Mrs. , Hayes looked eaoantly In front of her, and those who viewed her could but think that at bast the little woman. ? bo had tired nine bullets Into the j body of Robert Floyd on that wln I r's eve, had awakened (0 the realiz? ation of the crime with which she was charged. For one hour and fifteen minutes had the jury been out when a knock i was heard on tin door, Quickly learning that a e*rdi< I had bean ranched the officer rang the court house bell jiiid the crowds hurrledl) I assembled. Neal Hayey was far more agitated than his wife. If it was ? \ pe< ted that Mrs. Hayes would show weakness in this terrible onb al those who believed It were ,i appointed, it. >\ Covtngton, of Bvergreen, was foreman of the jury, and announced the verdict. As the words were spoken there was a slight demonstra? tion, but the sheriff rapped for order and tin- cheering quickly ceased. Hayes seemed to soareely realise that be was a free man, nut a smile crept over the face of Mrs. Hayes, The m< nbert of the jury quickly walked ( to the edge of the bar and shook hands with tin defendants A few minute s later Hayes and his w*fe walked from the court room and Into the evening sunlight one,, rnore free. .Thus ended the closing chapter in I one of the most sensational murder trl.iN ?\er In ,id in this county ??<d . lu some respects one of the most I unusual sver heard In Ihe state. The important part of the- Judge's I charge as relating Mrs, Rosa 1?. Hayes was si follows: x >w, spply tn?r thi ne prim Ipli ? < f law to tin facts In this < aste sglnst Rosa D? Hayes as j the Jury shall find them, the- c ourt I Instructs the Jury thai tin- prli.r. having sdmltted that she killed the i deceased with ? deadly weapon, it Is I Incumbent upon her, In order to ex? cuse tb ? Rilling, to sat 1*1 tin- Itirv tin *\ dene.. Introduced for her de f nee. and *u< h ? ld< m s Intn duced by the stat. as l ba M l?e f'U* h< I hem - fit. not beyond a reasonable doubt, i but satisfy Ihe Jury that tb ? time the I Utad the de> c a red he h i d as? sanlted her. and she believed, and i i had reason to believe, that he In Ue .in-a ai C ui Fear not-~Lct ali the ends Thou Ali tUMTER, S C , WED NE BLEAAE BAYS HE CONSID? ERED FLORENCE BAB ASSO? CIATION. Reco mmedat kin of Supreme Court Not Considered?Special Term in Hurry County, Columbia, March 1.5.?Qov. Bleaae announced yesterday that lie had commiaaloned v. L, Wlllcox of Flor enoe as spe cial judge for the Florence OOUnty court, which commenced to 1 day. thUl following the recommend? ations of the supreme court. He Issued the Commission, he said, upon the recommendation of the Florence County Bar Association, Mr, Will* i os was not on tin- "eligible" list. ? Hid you regard the recommenda? tion of the supreme court in grunting the commissi >n to i\ i.. Wlllcox'f" he was a ked. ??No, l comlasloned Mr. wiiicox upon the appeal Of W, F, Clayton, the chairman ??f the Florence County Bar Association," he replied. F. I.. WIIICOX is a well-known attor? ney of Florenos and was Indorsed by j the bar association for special judge to Chief Justice Jones, who sent a roe ?mmendatlon to the governor. A special judge was needed for the regular term of court. (Jov. I Mease takes the position that the law requiring the governor to commission special judges upon the recommendation of the supreme court is unconstitutional. There are 16 prisoners in the Flor? ence county jail awaiting trial. Gov. Bleaae has ordered a special term of court for Horry county to commence on April 3 to take the place of the court that was not held on account of the need of a judge. Qov, Bleaae refused to commission C, I*. Quattlebaum as special judge for i lorry county, although Chief Justice Jones on three occasions called his attention to the fact that there was not a disengaged circuit judge. The special term Of court was ordered upon the request of Solicitor Wells. tended to commit a rape upon her, and that it was DOCessary for her to (Irs the fatal shot in order to prevent hint from carrying out his purpose and If the jury shall so lind the facts to th ir satisfaction, then she would not he guilty, and the jury shotted so say; but if the jury should not so find them. It should proc eed to con? sider as to whether or not she has reduced the offence from murder in the second degree h manslaughter. And upon that the court instructs the Jurj that, if they are satisfied, as explained to them above, by the evi? dence that the deceased had solicited her to submit herself to him, and merely laid his hands upon her, and that the defendant, because of such Indignity, and in the heat of passion, killed the deceased, that would be | manslaughter, and they should so lind; but if they shall not so find either of these state of facts not be? yond reasonable doubt, but to their satisfaction. then the defendant would be guilty of murder in the second degree, and the jury should so find, unless they should find, be- 1 yond a reasonable doubt, that the j killing was done with premeditation and deliberation, In which event they should find the defendant guilty of murder in the first degree; but if they should not BO And, beyond a reasonable doubt, that the killing was done with i remediation and de? liberation, then thty would not find her guilty of murder'in the first de? gree. "There Is another aspect of this case to be considered by the jury; and up ?n which the solicitor con? tends that the defendant is at least guilty of manslaughter. It Is that the defendant had fired all of the bails >f one pistol at the deceased, that he had escaped to the plassa ami had be? n shot down and totally disabled of carrying oul any purpose of harm to the defendant, if he had any, and thai she, not for her de fem - . but because of her anger and in a spirit of revenge, went Into the house ami possessed herself another pistol ami vent oul on the porch and shot |he dee. a. ' (I. who was pos trate ?ui the floor and that sie h shot ended his lift or liastene 1 his death. And upon tftls He.irl instructs the j 11 * - > that if tiny diall find, beyond a reasonable doubt, thai these are the facti, th. n. although Ih< y shall Ilm] that tie defendant w a * justified for ib. firing of the shot-; before thai lime, sh< would be guilty nf nmnslaughter, but If ihey'hlrould not so find them, she would not be gulp.) of said count." in regard I ? the tes? tlmony of Mrs. Hayes, he charged that It should be SCrUtlnllOd With can lion and care, but if, alter doing so t nt be thy Country's, Thy God'l hi DAY. MAPCH 15, 1911 MEXICO HOT ALARMED. HAS GRANTED NO PRIVILEGES TO JAPAN. Citisens ami OflHclnls Seem to Unite in Believing America's Protestations of Good Faith. Mexico City, March lU.?That Mex? ico has grante d to Japan no conces? sion for the maintenance of a naval station and no privileges on the Tetiantepec railway are the state? ments which Enrique C. Creel, min? ister of foreign affairs, this afternoon authorized Francisco L. De La Bar ra, Mexican ambassador at Washing? ton to make. The increasing rumor in the United States that Mexico had entered into an agreement with Japan whereby the latter was to be permitted to use certain parts ah>ng the coast of Lower California and to he granted special privileges for the transportation of applies over the isthmian railn^ad, caused Benor De La Barra to send to the foreign office today a request that he be permitted to make a def? inite- statement regarding the charges. Benor Ore* , bas also asked Senor De La Barra to extend to President Taft his thanks for the latter's friendly attitude and for the explana? tion he sent to President Diaz rela j tive to the mobilization of American troops. "Mexico could not expect anything else from a country which has shown herself to be such a friend during so many trials, and which so efficiently aided In her economic development," I Mr. Creels says his telegram to I Senor La 'Barra, adding: "The words I of the president will no doubt tran 1 quillze Mexican opinion." Mexican officials and private citi? zens appear to have accepted the view that the mobilization of troops along the border Is no invasion of their country. President Taft's as? surance that there was no menace in the step has apparently be en ac? cepted without reserve and with a 1 feeling of satisfaction, j T\ie health of President Diaz which . appe ars b> have been made a factor in the situation, has not been im? paired in the slightest degree during the past few months. I MUSIC FESTIVAL TO BE BEST EVER. i Many Well Known Great Artists in Musical World Engaged. Columbia, March 10.?Thursday. Friday and Saturday of Faster week, ' April 20, 21, and 22, are the dates se t for the Columbia Music Festi? val, when Victor Herbert with his fa? mous orchestra and a number e>f well known artists will give- a series of iin<> concerts in Columbia theatre un-j ' der the auspices ?f the Columbia Mu | sfc Festival Association. This festl 't val will, it is confidently believed, be the best ever given In this city, and preparations are being made- to ac? commodate visitors from all parts of 1 the State. 1 While a number of artists have been engaged, the- name- of Victor J He rbert ahme- is enough to attract j the attention of the' music loving world. His orchestra contains sixty pieces, othe r artists engaged are Agnes Klmball, soprano; Lillia Snel ling. contralto; Harry j. Fellows, ' teneir; Fvan Williams, tenor; Frank Croxton, bass. The chorus for th.*! fe stival is rehearsing and nothing h being left undone- to make the event ;? success, Till: POTASH CONTROVERSY. Satisfactory Adjustment of Differ? ences Between United states ami (Germany is Probable. Washington, March 10.?With the American re ply to the German note em the potash controversy in the hands of tin German ambassador, it was declared In official quartern here today that the dispute was capa? ble of amicable settlement. it was denied that there was any friction between the two governments in con? nection with the diplomatic Inter i change and state- department officials ?*aid that the way was well open for any adjustment. Officials of the eh , partmenl declined, however, to dis? cuss tin- nature- of the American reply, The controversy, 11 Is understood I h< re, probably w ill bt settled by n . 1111>romIse between Ihe private ln? i te>. -is involved, and such an adjust j in, ui la reported to he under consld i,ral Ion l?5 the parties i oneerned. i la ui \ should lind she- told tic truth, then it should be given tin same weight as any ??be t creditlabh w it m ss." PRESIDENT UFT AIDS DIAL PRESIDENT ADMITS AMERICAN FORCE is BEING M<IDOLIZED TO HELP MEXICO. Thought Thai With Frontier Well Guarded Rebels' Supplies Will be Cut on ? If Not Army There Ready for Further Eventualities. Washington, March 9.?That the administration has decided no longer to dissemble Its reasons for the sud? den and unprecedented movement of troops to the Mexican border is Indi? cated by a dispatch received tonight j from the staff correspondent of the ; Assoc iated Press, who is accompany - ! ing Fresident Taft on his journey to Atlanta, The dispatch. dated Charlottsville. Va.:, through which place the president's train passed to? night at 7:10 o'clock, follows; "All doubt as to the purpose of the government in sending 20,000 troops to the Mexican border has at last been swept away. The United States has determined that the revolution in the republic at the south must end. The American troops have been sent to form a solid military wall along the Rio Grande to stop filibus? tering and to sea that there Is no fur? ther smuggling of arms and men across the international boundary. "It is believed that with source of contraband supples cut off, the in? surrectionary movement which has disturbed condition* generally for nearly a year wUhout accomplishing anything like the formation of a re? sponsible independent government will speedily come to a close. "President Taft, on his way to At? lanta and Augusta for a 10 days' va? cation, passed through here at 7:10 j o'clock tonight. lie appeared well I satisfied with the run. There is a 1 general belief tha^ the movemi nt of troops into Texas and southern Cali? fornia will so speedily accomplish its purpose that the net results in the end will constitute ? valuable lesson in I quick mobilization of an effective j lighting force that will prove a reve? lation to the country at large, to th0 critics of the army in particular, and a justification of the diplomatically worded explanations that have been given out from official sources in Washington. * I "There no longer is reason to doubt j that the sudden move on the part of I the American government was the result either of unofficial representa? tions of foreign governments regard Ing the situation in Mexico or the in? timation that several of the European powers were sounding each* Othei as to the desirability of making repre? sentations to the United States at an early date. At any rate the mattter was put up to the administration in such a way as to call for the quick I est sort of action. The necessity for th's speed of mobilisation was seized Upon by the war department as a heaven-sent opportunity to answer i critics both in and out of contrrexs and that interpretation was put upon the movement. "There was little doubt in the mind of these officials that the true mean? ing of the 'manoeuvres' soon would be known and the logical Interpretation so quickly put on the movement of the troops unquestionably disconc erted the administration officials from Pres? ident Taft down. Then Washington unexpectedly found itself confronted by the necessity of throwing an army along the border line of Mexico to stop the sources of supply to the revolu? tionists and to be in a position to ln i vade Mexico at a moment's notice in the event of the death of President Dlas or any other untoward circum? stance which might precipitate gener? al lighting or rlotll g. I "It was represented at the state de? partment that the United States must act. and act quickly, if the Monroe doctrine was to be maintained. For? eign Interests in Mexico naturally look to the United states for protec? tion under that doctrine. The foreign interests in the republic, however, ata? no! to be compared with the Ameri? can capital Invested tin re. so. after all. the move to bring about nv^re tranquil conditions in Mexico has to do principally with Americans ami Vmerlcan interests. ".lust what part the Diaz govern? ment has plaved in recent events 1 red yet been disclosed. From time to time protests have been made t" Washington regarding the violation j of ?he neutrality laws along the hoi 'Such protests, however, w i Id n ' ordinal lly ? all out such a I or< ? 1 has b, , n ru bed tou ai d T? * 'id tin- Mexican frontier during the past is hours. It is considered probable that the Mexican government may ha\e Indlcab d to European powers Us Inability to put an < j d to the dlsor IE SOUTHRON. Established Jum. IHM Vol. XXXII. No. 7. rwrms.wmmmmmsammmmm.mm iiubi??jt TtLLMAN BACKS BAiLY. sws TEXAN SHOULD BE DEMO? CRATIC LEADER, Senator Talks About National and State Affair:?Pleased with flection of Kiggs as Preafdeni of Cleni son. Columbia, March 1<- Senator Till man says the Deir o leadership in tlie Senate r ^N .o he given to Senator Bailey .v? aere is a coterie in the upper ' which is jealous of the Tex; v it is not likely he will se?urr ^ nonor. Senator Culber sor retain the leadership. .tor Tillman is much pleased . the Clemson college trus.ees agreed with him that Prof. Itiggs was the best man for the presidency of the college. He is satisfied there is no violation of law In being trust? ee of a State college and holding another office, but is glad the courts are to pass on the question. At the request of Gov. Blease Sen? ator Tillman called on the governor in passing through Columbia and they had a "brief but friendly chat." Senator Tillman was accompanied home from Washington by Mrs. Till? man and it Is their present expecta? tion to remain at Trenton during the spring, as their two daughters are to be married within the next few months. Senator Tillman says nothing but swearing in of a new Democratic senator from Maine interests him especially about the extra session. "There is nothmg new in a tariff fight," says the Senator, "I have no desire to gnaw an old bone." TO PREACH AT LANDER. Bishop Kilgo to Deliver Commence? ment Sermon at Lander Female College. Columbia, March 11.?Bishop John C. Kilgo of Durham, NT. <?., who was elected a bishop in the Southern I 1 Methodist church at the general con i ference at Asheville last year, ha* ac j eepted an invitation to deliver the ' commencement sermon at Lander 1 college (for girls) at Greenwood. Dr. ; Stonewall Jackson will preach the I missionary sermon and Mr. Joseph A. j McCulloUgh of Greenville will de | live! the address. Dr. Kilgo is a native <.f South Carolina. He has ' achieved fame as a pulpit orator and ! lecturer and college president. (.OY. WOODROW WILSON COM? ING. Will Make \ddress Hofore State Pros* Association June I. Columbia, March 10.?The Sou**. Carolina editors, when tney meet iv Columbia May 30 to June 1. will i have many pleasures. but probably the most interesting feature of *he meeting will be the address by Dr. Wood row Wilson, gove rnor of Ne w Jersey, and a likely candidate for president on the Democratic ticket. The Columbia ball team will be play? ing at home then, and the editors will be given an apportunitv of see? ing the games. A trip to New York is part of the program, though *his i-- by no means certain. ders so long as succor was given to the revolutloniata' forces from the United States. "Whatever the inner and diplomatic moves ma) have been there no longer is any purpose on the part of the ad? ministration to cloak the movement of troops with mystery. "The Mexican government, whether it asked help of this government or not, has been given the gr< atest as? sistance It COUld possibly have de? sired. The official note from Wash Ington, made pul lie in Mexico last night, assuring Gem Diaz that there was nothing In the movement of troops that should cause uneasiness on the part of the Mexican govern? ment, was m<?re than Justified by the administration's annoum em? nl made today. There is no telling at this time how long the '?ig army sent to the Mexican frontier will have to remain there, it will not be with? draw i until th? r b?tl< n has been crushed "'it and unt i conditions in m. kI? .. are much more stable than lh< v ? .ox are believed to be, "The situation In Lower California ild to have given mon concern to he Pnit< I St a tea than at any othei it area reported that the revo j onlnts were exceptionally active I ' I r< and threatened to set up agov? ? rnnv nl Independent of either that of i das or of the revolutionists In the ? ast. The line between the United States and Lower California is but an Imaginary one and a revolutionary government there would be a source of constant worry."