The watchman and southron. (Sumter, S.C.) 1881-1930, March 15, 1911, Image 1
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."