Historical Newspapers of South Carolina

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ttlr. Sl'MTl K WATCHMAN, Establi Consolidated Au?. 2 1 THE MAGISTRATE WAR. 1 MAJOR kllili\ wh it HS ULtvVNi: Iii-: wii.i. Nor <.ivi: t i \ <??>m rmtr ~m od* Word That MuU i Will bo \tt? mhd to - Vi Ptoimv Time und in l*ni|mt Wh)." Spartanhurg. March 10.?"Having been appointed for two years or until' my successor is appointed by und , ?Ith the en . nt ?.f the senate, I re- ' sr. t that, under the existing clrcum- 1 stances, I do not fee) authorised or 1 duty bound to surrender the office of ' ma* Ufr ate. * said MaJ. August lt. K ' by in a lette r which he wrote Gov. Cole L. Bless** yesterday in answer to the executive's letter informing t him that I? commission was null and void. "On nhead und perform your duties as magistrate, and pay no attention to air. Klrl > . " Is the advice received 1 from Qov. Blesse hy J. Malcolm Dow den, who'was app.-inted hy the gov? ernor to sueteed MaJ. Klrby. Another magistrate, W. C. Harris..n of Readvllle. who was recommend, d for reappolntmcnt by the legislative delegation, declines to surrender his ofltoe to tb - governor's appointee, T. I O. Fowler. ' These were todays developments In the magisterial muddle In Spar tanburg county. MaJ. Kirby's letter to the governor follows In full I "Hon. Cole L. Blesse. Governor, Co? lumbia, a C. "L?ear Sir: I am in receipt of yours of the Ith Inst., in which you say 'your successor having been appoint? ed, your commission as magistrate Is hereby revoked and made null and void/' Having been apolnted for two years or until my successor is ap? pointed by snd with the consent and advice of the senate, I regret that, under the existing circumstances, I do not feel authorised or duty bound surr ander the office as magistrate. '? v.*a s*r?pAr *j t?. turn ?ver tf my au<iofcenor the office of magistrate, had he been apolnted and commissioned as the law requires, as per civil cod , section 982. "You having Ignored the recom? mendations if the Hpartanburg county delegatlon and the senate. 1 am ad? vised that 1 should hold over as legal magistrate. ? Yours respectfully, "A. H. Klrb>. "Magistrate 1 Mr. Bow den wrote Oos. r.ie.m thu j i In compliance with the governor's In? structions be had made formal de? mand of MaJ. Klrhv, In the presence of a wltnens, for the book* and p i pers of the magistrate'? office and | that Ma,. Kirby had refused to give ' them to him Mr 1 mv* d? n has r. cetved a letter from Alexander How- | private secretary to the gov r. stating: "The governor Is In receipt of your J letter of March 6 and directs me to) advise ><>u to g<? ahead and perform your duties us magistrate and pay no attention to Mr. Kirby, that th* matter will be attended to at the proper time and in the proper way. Yours very truly. "Alex. Rowland. "Private Secretary." Then is considerable speculation as to what "the proper time and the proper way" will he. It Is said that If the governor should now attempt to remove MaJ. Klrby "for cause" It would b#? a virtual acknowledgement that he had M authority arbitrarily to revoke the commission a* he ha? done. It Is expec ted 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 M mmh as If theft was no cloud on their titles to the vjfllce. The other Spartunburg magistrate. Ftohert J. Ointt. whose right to the office Is not disputed. Is being ewsmped with business. Many lit I gants ar. f< irfnl that A> i bum <e judgments rendered hy sHIfrSf of tie other Iwa ndght not hold Magistrate Harrison or RekMlte wss In the 'it- r<>d'. In ?-?onoiltatloti Ith MsJ. Klrby. He was ?omni as magistrate In 1 10 by C,o\. to fill out the urte v pit, i| term of ft. t. Psnynsjh rasagnod. The delegation rseosnmendel him for reappomtmen'. (Jov. Bt Ignored the r? eiunne t datlon and ap? pointed T O Kowb r magistrate. Mr. Harrison ha* r- < ? I. ? d a demand from Mr. Fowler rot the onVtal books. Re - has declln' d. how# v# r, to give up the W ooks snd Is pi rftduj i\\ business that may arise. gggd] April. |gg#. 881. COURT: HAYESES NOT GUILTY RXAYER OP I'l.ovi) AOQVITTKD ?>i Ml IIDI l< CHAROE. M Verdict Rendered \fter one Hour and a (/imitci'? PsMbeenUoi Jury l>?-i lure, it- Relict in Story us Told In Mr-.. Rang l>. Hum-, or How and Win She shot Vow " Medical S u dcni?-Mr*. Hayes Sin. vs IEmotion? I'nints in .Fudge < ooke's Charge. Whltevltle. X. C, March 11. - Not guilty," ?o said the Jury this after? noon at 5:00. in Ihe case wherein Mrs Rosa 1>. H barged with the murder of Robert M. Floyd, a young Hdtaal studint -f Charleston. at her home in Tabor, N. C., on the evening of February 1. and Neal Hayes, her husband, as accessory be? fore tie fact. While there was a slight demonstration by the friends of the defendant v. her? the verdict was returned. which quickly OjUOlled, great indignat.on wus SgprSSSSd by numerous people when the news spread on the streets that Hayes ami his wife would go free. It was not believed that a verdict for a higher offence than manalaghP r would be returned, and after hearing the charge of Judge Cook, this opinion became much stronger. That the verdh t caused surprise is expressing it mildly. Shortly after the jurors left the court room several >f them were met by a young lady who did not hesitate to express her opinion of them. Solicitor Sinclear we.s 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 to the jury was given In a vary bnprcaelVa manner His Hon? or standing, which 's something not Often done. It was 4:1?? when the Jury was given the egge. For the first time this afternoon did Mrs. Hayes show weakness, but It was only for a few minutes and she regained the eompoBure that has characterised her during the entire trial and hus ueen one e?f the- fea? tures of the case. Just as the s > Mottet i onelndx d hit spe ech ihe was seen to covertly Wipe her eyes with her handkerchief and upon view ing it was noticed that she was orytngi but endeavoring to suppress her emotion. A solemn stillness pre? sided the court roorn after the jury retired and every noise, n > matter how slight caused the* def< ndants and the few remaining there to eagerly look In the direction of the jury room. Pale, but perfectly calm. Mrs. liases looked rgonntly In front of her. and those who viewed her could hut think that at least tie litt 1.- woman, who had tired nine bulletl Into the body of Robert Floyd on that win? ter's eve, had awakened to the realiz? ation of the crime with which ?Io? wa? oharged For one hour and Rftcen minutes had the fury been OUl when a knock was heard -?>. tie door. <>aii< kly learning that a verdict had been reached the officer rang the c >urt bouse beii and tin- t r<?wdi hurriedly assembled. Neu I HayOi was far RIOTS agitated than his wife. If it was ex? pected that ifrs. Hayes would show weakness in tin- terrlbl? ordeal those who heheved it were d appointed. r. f. CoYlngtoni of Evergreen, wni fore-man of the jury, and announced the verdict. As the words were apokeg there- was a alight demonstra? tion, but the she-riff rapped for order and the . heering quickly Ceased. Hayes seemed to searcely realize that he was a free- man. Mit a smile crept over the face of Mrs. HayCS, The no gibers <?f the- jury quickly walked to the edge of the- bar and shook b inds with the defendants. \ few minutes late-r Hayei and his W*fS walked from the COUrl r..-.m and Into the evening sunlight (?nee more fr?-*-. Thus ende d the I losing < bapt? r in on?- of the m .st sensational murder trials ?\ep heard in this county a?id in some respects one- of ihe most unusual ever heard In the State. Th?- important part of Ihe Judge's charge as relating lo Mrs. Rom I?. Hayes was SJ follow-: "N rw, apply? ing th. Me prim |p|< | . f law to tin facts in this e.,N. aglnsl Rons i?. Hgyei as the jury shall find ' ?e m. the court Inatruets the Jury thai tie- prli.r. having admitted th.t? she killed the dc<-fn?"d with 11 dead I) wenpon, it Is incumbent up'.-, her. In order t<> ex? cuse th ? killing, to satis) the jury the ?\ donee Introduced for h i da I fence, and *u? h e id. n* e introduced by the State ;? ; hall be for hot benc? tit. nol beyond ? reasonable doubt, but satisfy the jury ?ha? tb ? time she l.llled the de??a<e,| |,,. M. saulted her, and she believed, and had reason to hoHOVC, thai he hi ?He .lust at C id rear not-~L*'l all the ends Thou Aln iTJMTER, S C , WEDNE LISTENS 10 RECOMMENDATION. I CbOV. BLEASE says 111 CON81D l.t i:i> FLORENCE HAR ASSO? CIATION, . Rcrouamedutlon of Supreme Court Not Considered?Special tferm In Horn County. Columbia, March 13.?Qov. Blease announced yetterday that he hud comm ssloned F, I-. Wlllcoi of Flor? ence as special ludge for the Florence OOUnty court, which commenced to day, thus following the recommend? ation! Of the supreme court. He issued the commission, he said, upon the recommendation of the Florence County Bar Association. Mr, Will cos was not on the "eligible" list. "Did you regard the recommenda? tion of the supreme court In granting the commissi n to F. L. Willcox.'" he i was a Red. "No, l comlssioned Mr, Willcox upon the appeal Of W, F, Clayton, the chairman of the Florence county Bar Associatloia" he replied. F, Ii. Willeos is a well-known attor? ney of Florenca and was indorsed by the bar association for special judge to Chief Justice Jones, who sent a reo itnmendstlon to the governor. A special judge was needed for the regular term of court. Gov. I Mease takes the position that j the law requiring the governor to commission special judges upon the j recommendation of the supreme court Is unconstitutional. There are 1G prisoners In the Flor? ence county jail awaiting trial. Gov. Blease has ordered a special term of court for llorry county tc , commence on April 'I to take the 1 place of the court that was not held on account of the need of a judge. Oov. Blease refused to commission C. P, Quattlebaum as special judge for i lorry county, although Chief Justice Jones on three occasions called his attention to the fact that then was not a diseti:. co d 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 nc essary for her to, die the fatal shot in order to prevent him from carrying out his purpose and if the jury shall so find the facts to th ir satisfaction, then she would l Dot be guilty, and the jury BtlOUid BO ( say; but if the jury should not so, find them, it should proceed to con? sider as to whether or not she has reduced the offence from murder In ' the BSCOnd degree b manslaughter, j tad upon that the court instructs i the jur> that, if they are satisfied, as explained to them above, by the evi? dence that the deceased had solicited her to BUbmlt herself to him, and merely laid his hands upon her, and that the defendant, because of such Indignity, and in the heat of passion, I killed the deceased, that would D manslaughter, and they should BO , find; 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 J Second degree, and the jury should so find, unless tiny should find, be 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 find, beyond a reasonable doubt, that the killing was done with premedlatlon and de? liberation, then they would not find lo r guilty of murder In the first de? gree. '"There Is another aspect of this case to be considered by the jury; and up ui which the solicitor con? tends that the defendant la at least guilty of manslaughter, it is that the defendant had tired all of the balls tt one pistol at the deceased, that he had escaped to the plaasa and had he? n shot down and totally disabled of carrying out any purpose Of harm to the defendant, if he bail any, and that she. not for her de? ft in ? . hut because of her anger and in a spirit of revenge, wa nt hit ? the house and possessed herself another pistol and ' ?'?nt out on the porch and shot the deceased, who was p,,s tlate mi the floor and that su< h shot ended his ||f< or Linstene 1 his death. Ami upon this tin.rl Instructs tic ju?-.\ that it tiny {ball find, beyond a reasonable doubt, thai these are the facti, th. n, although Ih< y shall find that the defendant w a - justifled f"V ih< firing of the shot-: before thai lime, sh, would be guilty of amnslaughter, bul If they'shviuld nol so find them, sh. would not be guilt) of si id i ount." I ii r< sard I ? the tes? timony of Mrs. Hayes, he charged that it should be at rutlnlsed with cau? tion and care, but If, alter doing so, *t nt be thy Country's, Thy God's ai DAY. MARCH 15, 191 *?-r-rrirnwmiTminr-???? ' ?'? MEXICO NOT ALARMED. HAS GRANTED NO PRIVILEGES TO JAPAN. Citiaens and Official* Seem to Unite in Bettering America's Protestations of Good Faith. Mexico City, March 1U.?That Mex? ico has granted to Japan no conces? sion for the maintenance of a naval station and no privileges on the Teuantepec 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 along the coast of Lower California and to be granted special privileges for the transportation of applies over the isthmian railroad, caused Senor 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. Senor Cr Sei has also asked Senor De I^a 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? 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/' Mr. Creels says his telegram to Senor La'Barra, adding: "The words of the president will no doubt tran qullize 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 been ac? cepted without reserve and with a feeling of satisfaction. Tkie health of President DlSS which appears to have been made a factor In the situation. has not been im? paired in the slightest degree during the past few months. MUSIC FESTIVAL TO BE BEST EVER. - Many Well Known Great Artists in Musical World Engaged. Columbia. March 10.?Thursday. Friday and Saturday of Easter week, April 20, 21, and 22, are the dates set f??r the Columbia Music Festi? val, when Victor Herbert with his fa? mous orchestra and a number of well known artists will give a series of line concerts in Columbia theatre un? der the auspices ?f the Columbia Mil ?fc Festival Association. This festi? val will, it is confidently believed, he the best ever given in this city, and preparations are being made to ac? commodate visitors from all parts of the State. While a number of artists have been engaged, the name of Victor Herbert alone is enough to attract the attention of the music loving world. His orchestra contains sixty pieces, other artists engaged are Agms ECtmball, soprano; Lillia Snel ling. contralto; Harry J. Fellows, tenor; Rvan Williams, tenor; Frank Croxton, bass. The chorus for th.' festival is rehearsing and nothing ii being left undone to make the event a success. Tili: POTASH CONTROVERSY. Satisfactory Adjustment of Differ? ences Between United states ami 'Germany Is Probable. Washington, March 1U.?With the American reply to the German note on the potash controversy In the hands of the German ambassador, it was declared In official quarteri 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? change ?ml state department officials <aid that the way was \\<n open for any adjustment. Officials of the tie, partim nt d< clin? d, however, to dis? cuss the nature of the American reply. The controversy, it Is understood I,, ,... probably \\ ill b< settled by a compromise between the private in t.?<> ?tN Inwdved, and such an adjust? ment Is reported to be under cor Id nral "it bj the parties ? oncerned. the urj nhould find she told th? truth, then it should be given th< same weight as any other credltlabb w it in ss." id Truth's.'* THE TKUJ I L. PRESIDENT TAFT AIDS DIAL PRESIDENT ADMITS AMERICAN FORCE is BEING MOBOL1ZED TO HELP MEXICO. I s Thought Thai With Frontier Well Guarded Rebels' Supplies Will be Cut on" ? It' Not Army is There Ready for Further Eventualities. Washington, March i>.?That ihe administration has decided no longer to dissemble Its reasons for the sud? den and unprecedented movement of. troops to th^ Mr.?! *an border is indi cated by a dispatch received tonight j from the staff correspondent of the j Associated Press, who is accompany ! ing President Taft on his journey to Atlanta. The dispatch. dated Chariottsvtlle. 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 uo.ooo 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 see that there is no fur? ther smuggling of arms and men across the international boundary. "It is believed that with source of contraband suppl!3S cut off, the in? surrectionary movement which has disturbed condition* generally for nearly a year wUhoct 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 fcr a 10 days' va? cation, passed through here at 7:10 I o'clock tonight. He appeared well J satisfied with the run. There is a 1 general belief thai the mov. no nt ol j troops Into Texas and southern Call forma will so speedily accomplish Its j purpose that the net results in the end | will constitute a valuable lesson in j quick mobilization of an effective fighting force that will prove a reve- ?? latlon to the country at large, to th^ j critics (?f the army in particular, and a justification of the diplomatically1 worded explanations that have been given out from official sources In Washington. ? I "There no longer is reason to doubt ', I that the sudden move <>n the part of J I the American government was the i i I result either of unofficial representa I tions of foreign governments regard - Ing the situation in Mexico or the in? timation that several of the European powers \\? re sounding eacti 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 esi sort of action. The necessity for th's speed of mobilization was seized Upon by the war department as a heaven-sent opportunity to answer < rltiCS both In and out Of congress 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 disconcerted 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 in? vade Mexico at a moment's notice in the event of the death of President DlaS or any >ther untoward circum? stance which might precipitate gener? al lighting or riotir ur. "It was represented at the Btat< de? parting nt that the United states must act, and act quickly, if the Monroe doctrine was to be maintained. For? eign interest^ in Mexico naturally look to the United states for protec? tion under that doctrine. The foreign interests in the republic, however, are not to be compared with the Ameri-1 can capital invested there, so. after all. the move to bring about more tranquil conditions in Mexico has to do principally With Americans and Smerlcan interests. ".lust what part the Diaz govern? ment has plaved In recent events I not yet been disclosed. From time to time protests have been made to Washington regarding the violation of the neutrality laws nlona the bor dev. 'Such probsts. however, w< uhl n ordinarily call out such a force as has ''. en rushed toa ai d T< ml the Mexican frontier during the past is hours. It is considered probable that the Mexican government may have indicated to European powers Its Inability to put an end to the disor K SOUTHRON. BembUshed Jmu, lStC Vol. XXXII. Ko. 7. ?m???rrarim mm* ihbiwtm TILLMAN BACKS BA1LY. s.\Y> TEXAN SHOULD BE DEMO? CRATIC LEADER. Senator Talks Almut National and stati' Affeln?Pleased with Fite ihm of Kiggs as President of Clean son. Columbia, March 1<' Senator Till man says the Derr c leadership in the Senat" < .o be given to Senator Bailed nerc is a coterie in the upper ' which is jealous of 0* the Tex; v iL is not likely he will secur* ? nonor. Senator Culber sor \p retain the leadership. aor Tillman is much pleased . the Clemson college trus.ees agreed with him that Prof. Biggs 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 nothing new in a tariff fight," says the Senator, "I have no desire to gnaw an old bone." TO PREACH AT LANDER. Bishop Kitgo to Deliver Commence? ment sermon at Lander Female College. Columbia, March 11.?Bishop John C. Kllgo of Durham, N. C?.t who was ebeted a bishop in the Southern Me thodist church at the general con- ^ ference at Asheville last year, .ha* ac? cepted an invitation to deliver the commencement sermon at Lander college (for girls) at Greenwood. Dr. Stonewall Jackson will preach the missionary sermon and Mr. Joseph A. McCultougb of Greenville will de llvei the address. Dr. Kilgo is a native of South Carolina. He has achieved fame as a pulpit orator r.nd le turer and college president. GOV. WOODROW Wll.sON COM? ING. Will Make \ddrcss Before state Pres* Association June 1. Columbia, March 10.?The Sou'fc Carolina editors, when tney meet ir Columbia May 30 to June 1. w'.U i have many pleasures. but probably the most interesting feature of fhe meeting will be the address by Dr. Woodrow Wilson, governor of New Jersey, and a likely candidate for president on the Democratic ticket. The Columbia ball team will be play? ing at home them, and the editors will be given an \>pportunit> of see? ing the games. A trip to New York is part of the program, though *bis is by no means certain, ggf*??? ? den so long as succor was given to the revolutionism* forces from the United States. "Whatever the inner and diplomatic moves may have been there no longa? is any purpose <n the part Of the ad? ministration to cdoak the movement of troops with mystery. "The Mexican government, whether it asked help of this government or not, has been given the greatest as? sistance it COttld possibly have de? sired. The official ne?te from Wash? ington, made pul lie in Mexico last night, assuring Gen. Diaz that there was nothing in the movement of troops that should cause uneasiness on the part of the Mexican govern? ment, was more than Justified by the administration's announcement made today. Tlu re is no tolling at this time how long the 'ng army sent to the Mexican frontier will have to remain there. It will not be \\ ith .Iran l until th< *" n has been ? crushed out and unl i conditions in Mexico a?e much more -stable than they now fire bolioved to be. "The situation in Lower California Iis said te? have given mon concern to the United States than at any other Ipvdnt. it was reported that the re%*o iutionists were exceptionally active M re and threatened to set up sgov ? runo ut independent of either that of D as or of the revolutionists In the east. The line between the I"nitcd States and Lowe r California is but an imaginary one and a revolutionary government there would be i source of constant worry."