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MRS. HAYES TELLS OF TRftGEOY ii ^i it ii s in in it nil \i for \ii iti?i it of Floyo. Alleged h.wnt* nt Home of Defend? ant.* on Fatal Night <.??plilcally m-pi. i- .1 b> Yoimtc Woman In < owrt Room ?I Whltcvllle?Test I .10 nmikmIimi nt Vnrhuic? "1th M r y?li mnih nt Inquest ? i 'n-e I I .Ml llnjcs l?rop|HMl. Whltevllle. N. Cn March ?.?Taking ths witness atand -it ::.::o o'clock this afternoon. In her own behalf. Mrs. Rosa D. Haye* t? Id bow and why she killed Robert M. Floyd, at her home. In Tabor, N. (\, on February t, of this year. For two hours the accus? ed woman submitted to examination by counsel for the defence, telling hit story calmly and deliberately, and . then for half an hour waa subjected to croas-sxarMnatlon bv the State'a attorneya. Mrs. Hayea was plainly ?sctted when she first took the stand, but collected herself and recited the facta and circumstances of the trug ?dy with unusual de II he raten ess and ^?ven complacency. She grew angry once or twice, when cloaely queatlon ed by attorneya for the proaecutlon. and her anawera were In tonea that auagested a violent temper. She ges? ticulated with her left hand fre? quently and with her right nervously IV toyed with the large fur muff she carried. In a way she was a pathetic figure on the stand, declaring, as she did, that In about three months she ex? pected to become a mother. A little a woman, glrll'h In appearance, she V naturally excited some sympathy. This, however, was .n a measure off r?y the manner a ie bore and UM t. s which she employed In telling hgf awful deed. She spoke of the aaad aa "Floyd." never calling "Mr. Floyd." She endeavored tv> ft i ce It plain that ahe and the dead gaa i were never more than friends, admitted that ahe had been with a good deal and had seen blm luently. he defence of Mrs. Haye? la that an? killed Floyd because he waa at ^tempting to assauit her; that she was " afraid to call for help, but shot, after warning her alleged assailant that aha would shoot If be did not leave her alone The shooting, ahe claimed, waa ? dksaa upon the necessity of the mt J^Jntnt and without the knowledge or! her husband, who waf at hi* pla * of business) whfn It oc? irr. J On this ground, uf course, the def'n> . will seek to clear Neal Hayes of the - against blm. In her atory of the killing. Mrs. I ay es varied to a considerable de ^gree fr ?m the facta brought out at the coroner'a Inqueat. For Instance, today ahe does not recall which pis? tol she used drat; claims that both of them -ere on the bed at the time and before leaving that room, go aaalng toward the front door, she had begun to use the second pistol. It is recalled that she said before that It waa after she had fallen out the door that she went back In the house, se? cured the Smith St Wesson and shot Floyd after he had fallen on the a porch. Today ahe denies having ahot ^ the man after he was down and does not know when ahe ahot him in the forehead. Next to the teatlmony of Mrs. ea the roowt Interesting feature of y'a proceeding?! waa the appear of c. M. P*rry, a student at Um m ege of Charleston, and a close onal friend of Floyd. Mr. Per racltal of the contenta of two let lan aald to have been written by Mr* Hayes to Floyd some time laat ember, signed "Rosa." caused h comment. f ccordlng to witness the letters ? In th" most endearing terms, arlng that she was unhappy with husband, and expressing the de? sire to go away with Floyd, to some place) whom they were unknown. Be f -? giving the contents of the let ^aV . Mr. Terry stated that ho could gh them In substance unlv, but v n doing so lined out tho sen +w aa If be had the letter In band - i Ing them. The def? n< ?? scored . Ily when counsel b-*ted Mr. Per t*u\afknble memory with th.' r K r letters he had read. W'?h these ailed to give more than the mere ?ort. Mr I'?r?v was \ery defiant In r attitude toward counsel for the ace. hlb- Mr Ferry wus reciting the ents of thes?? letters. Mrs. Ha\eM \ very restb I several times . bed crimson. Awhile she kept > her bands to her face, anil then she seen to be almost wringing her fin. rs. It waa evident that ahe was h agitated, other times during the day, ^4r gb. ahe was aa calm and unon rr. r si U Oould he. When the OtQthoi th young Floyd had worn were ex hi sd. torn and tatt- red t>y the shots eh* had sent ploughing Info hi* . there waa not the slightest ex of feeling In. her count' aa ~ a d*f>ne?? !? endeavoring to the t Flovd went to the Hayes . behaving 'hat the hu*hand would not bi there for supper until an hour later. fof llaye-s hud so told him In the barber shop; that Floyd h.ul said he was going to spend the night at Tabor; "then why did he not go to put up his horse at the stables t>e said he was going to do, in Htd Od hitching htm lo ? telegraph pole, tifty yards from the Hayes house.'" that there was sufficient tlm for him to have acted as Mrs. II ive-.i ( hiims he did, and that all the other circumstances that have been brought In by the State are but nat? ural ever\-day events and have no ?ring on the case and no signifi? cance as to a plot. To break down tho conspiracy idea, It was brought out that, on Saturday afternoon, Mrs. Hayes wasn't well and went twic9 to the barber shop to I nsult her husband and not to dis? cuss plans for the killing of Floyd; that the shooting of a pistol in their back yard was utterly without signifi? cance, and that reports about the wo? man's unhappiness were utterly un? founded. These the defence Is en? deavoring to deny in toto and break down, by attacking the witnesses which have testified as to circum? stances showing Jealousy op the part of the husband. The trip to Southport, the defence holds, was merely a natural visit to a summer resort. In telling of this trip, however, th.e remarkable fact was apparent that M\s. Hayes seem? ed to know almost every movement Floyd made while they were there. This Is Just the idea the prose? cution has sought to develop; that the woman r.< d followed Floyd here; that he had paid little attention to her, notwithstanding which she was very much interested In his doings. Mrs. Hayes herself bears out the State's contention that neither on that trip or at any time had there been illicit relations between the two. The State, by further evidence, today sought to strengthen Its position that pique and Jealousy were the motives that inspired the killing. The Juror who was taken ill yes? terday recovered sufficiently for the case to he called at the usual time this morning. It is now plainly evi? dent that the trial wdll not be com? pleted until late Saturday and pos? sibly not even then. Judge Cooke in? timated today that there was a like? lihood that It would continue Into next week; that ho refused to have any night sittings and that the law Ver.? should hasten and DOl infringe on fhe time fof next week, which nhould be sejesri in another county* \M ' i ? , N 1'.. Ma: h lu.?-All the testimony upon which the Jury which was empanneled here Monday afternoon will decide the fate of Mr. and Mra. N. M. Hayes, charged with the murder of Robert M. Floyd on the night of February 4, last, Is now before them, the State having rested Its rebuttal this morning at 11 o'clock and the defense announcing at that hour that h rested its case. Court adjourned this afternoon with Just half of the eight speeches that will be made to the Jury deliv? ered and will resume In the rooming, when the speeches will be concluded, It being generally believed that the case will go to the Jury shortly after noon tomorrow. Close observers of the trial predict a verdict of guilty of manslaughter or a mistrial. Most people, however, appear to think that the defendant, Mrs. Hayes, will be acquitted, as will Nell Hayes. Even should a verdict be brought against Mrs. Hayes, it is thought It will be of such a nature as to impose upon her only a light imprisonment, as the penalty in this State for man? slaughter is not less than four months nor more than 20 years. The defense offered no testimony this morning, except the Introduction Of a number Of witnesses to prove the food character of the defendant, Mrs. Hayes. Nelll Hayes was not mentioned in todny'l proceedings, e\< ept for the statement that he prompted his wife to tell that Floyd had hold of her a hen she Shot him. The best Showing yet made by the State came OUt in Its rebuttal testi? mony this morning. Introduced In proof of the statement made by the tdtnsj defendant on the night of the killing thu she went back in the i iom ?fter Ployd fell, got mother pis* t I ind shot him again. This WUI Mra llayea* teatlmony at the coroner s Inquest and Ik i statement to two or more per oi i the night of the killing, but thll sin- denied yesterday after? noon and 11?i^ morning In no uncer? tain terms. Lloyd Hayet who was released Yes? terday, ei hb ntty lost Interest In the ease, not entering the court ro?m to? day, but with a COterlS of his young boy friends surrounding him on the Street, he delighted them with his tale* of four weeks In Jail, The State showed by ft number of substantial WltUSUSf that notwith? standing the statement made by Mrs, If aye* ?hat she and Floyd tun ? lad on and tore up the bed in her bed room, the bed only a short time after Itl< killing shOWad no signs of hav i f ii d' ?? ut bed othei * im Pfeunton pear the foot ..r th b< d. ?crlbed by one wltneaa aa if ? baby had lain "ii the foot <>f the bed. The condition <>f tin1 bed In the Hayes home and the range of two Lullet holes found in the floor \\eie important point! In the State's Re? buttal, it being testified that the bul? let holes found sin-wed a range as If fired from the door loading from the hall tO the bed room, where the State will contend thai Floyd was invited and trapped, having Leen shot before he could escape through the hall door, his only avenue of escape; that he had to make his way by Mrs. Hayes, who steadily and fearlessly riddled his body with exact precision, with a eoolnOM shown by her sul>se QUOnt conduct; that her return to the house, securing another pistol and again shooting him as he lay in the throes of death, prove a determination to close in the seal of death me mouth of the only possible witness against her deadly work. Mrs. Hayes this morning admitted that her husband took from her at the gate while she had her infant cl lld the automatic pistol, in contra? diction to her testimony yesterdav; that she did not know what she did with either of the pistols after the shooting, nor did she know which she used first or last in the killing of Floyd. In the call of court this morning the State resumed the cross-examina? tion of Mrs. Hayes. She returned to the stand some? what more composed than she was yesterday afternoon. The Southport trip was at once gone into. F.eing asked why she had not left Wilming? ton Monday evening on the train that would have put her in Ivoris that night Instead of going home next morning, and why her husband with her 40-months-old child went to Chadbourn that night to meet her, the witness stated that she told her husband, on leaving home, that she did not know when she would return, but supposed he though she would return that night. She swore that when she left home she did not know that she would meet Floyd. Mrs. Hayes said she and Floyd had never been sweethearts, certainly she was not engaged to him, and was not in love with him. The postal card, which was introduced yesterday as received by her as Miss Hosa Harrel son from Itobt. Floyd and which was postmarked at Tabor, N. C, June 12, 1908, read as follows: "Was glad to see you at \tt Olive, Sorry i couldn't be with you more it didn't look to ?e ?? bit good to see you out With Sandy that afternoon. i phi her? ij. the hank relieving Fussell, Hop< to see you soon. Sincerely. Hastus." Accounting for tho pistols, witness on cross-exnmination said she did not know where the Smith & Wesson was after the shooting, but said her husband took from her the automatic pistol at the gate after the shooting that she did not stay in the house when she went after the baby longer than to get him. Mrs. Hayes freely denied that she told either Mrs. Flossie Hodges or J. W. Dan ford, immediately after the killing, that after shooting Floyd down on the porch she returned to the house, got another pistol and shot him again. These witnesses, however, were later introduced by the State in re? buttal and testified that she did toll each of them this, the former being told the night of the killing and thr> latter on Monday following. The defense immediately followed Mrs. Hayes' retirement from the stand, introduced as witnesses J. O, Holmes, O. E. Todd, J. V. Godwin, Q. M. Fowler, A. M. Anderson and J. V. Collins, all of Lorla, each testi? fying that the character of Mrs. Hayes was good and that they had never heard that her home life was unhappy. [, B. TueKer of the local bar was Introduced und stated that since Hayes' Incarceration he had received a claim against him dated September 1910, for $31.60, which he had not collected. With these witnesses the defense rested) introducing no testimony in sur-rohuttal. The State in rebuttal swore Miss Flossie Hodges of Tabor who stated that the night of the killing, at the home of King Seals, Mrs. Hayes told her of shooting Floyd, when "she told me thai after shooting him down in the porch she went back in the house, got another pistol and shot him again." In corroboratlon of this statement j. \\\ Danford, the officer who went to Mrs. Hayes Monday morning following the killing to serve the papera on her, stated that I Mrs. Hayes also told him that she went back In. got another pistol and ho( him In the face after he had I fallen on the p\?rch. Orrln Bolea said he was walking from the Hayes home to his home on the night of killing and heard Mr. Hayes and his wife, who were walk? ing behind him <?n their way to the barber shop, talking, and Mr. Hayes tell lo r. "if they net you up tell them that he bad hold of you." , G, 0. PHdgen, a prominent business ' man of Tabor und F \ Tuck - ill i prominent cttlaeti of thti county, , were Introduced and caoh corrobo ft s TNAOK MM * REGlSTtPCw. That there is more *o a Fertilizer ths.n Analysis is proven conclusively by the results obtained every year from Royster Fertilizers. They are made from experience obtained by actual field experiments of what the plant requires, and not from rtady reference formulating. Every ingredient in Royster Goods is selected for its plant food value, and has its work to do at the proper time, therefore the plant fertilized with ROYSTER goods is fed regular from sprouting time until harvest. Ask your dealer for Royster goods and see that the trade-mark is on every bag. When you see this a?%3?> you know thai IIMIUl. you are getting the genuine and original ROYSTER Fish Fertilizer, F. S. ROYSTER GUANO COMPANY, FACTORIES AND SALES OFFICES: . NORFOLK. VA. TARBORO. N. C COLUMBIA. B. C. V If E.A'_TIMORE. MO. MACON. GA SPARTANBURO. S. C. \a ^ I COLUMBUS. OA. MONTGOMERY. ALA. rated the testimony of the other in the statement that the bed in the j Hayes home, 30 or 40 minutes after ; the shooting, looked as though a baby ! had been lying on the foot. One pillow was turned about half way round on the bed, two other pil- i lows were lying at the back of the j bad toward the foot, me on top of the j other and outside o that the bed showed no signs of having been torn | up. Both of tho witnesses also described accurately to the court the location ? of the bed, fireplace, windows and other things in the Hayes bed room, j and also told of having seen two bul- } let holes in the floor of the bed room, one crashing through the surface of the floor, glancing out of the window the other going through the floor, but both ranging from the direction of the left duor ft eins of lh' door from , the hill ro t ;i room. K\ 11 o'c ek ti.:s morning ar,?u- j meut f the ury was begun by I J. j Lewie, leadl^ I >ca1 < ountel foi tin Plate, who spoke two hours on the | State's theory that Mrs. Hayes loved Floyd, was unhappy la her home life; that she was jealous of Floyd's atten? tion to others and, rather than see him forever removed from her by his marriage to another, killed him. He was followed by Man y Toon, a young member of the firm of Schul- ! ken, Toon & Schulken, the whole firm being employed by the defense. He outlined the defense's theory that Floyd, having ascertained that Hayes would not be home in an hour, under pretense of putting away his horse, went to the Hayes house to wreck the home, and that in defense of her honor the wife killed him. Following Mr. Toon, H. Ii. Lyon, a very able young attorney for the State, plead with the Jury to render a verdict in accordance with law and order. The speech of Donald MeCracken for the defense concluded the day, court having adjourned shortly after 6 o'clock. Martin Schulken, a young attorney for the defense, will open at the call of court tomorrow, followed by Jack? son Greer for the State. J. B. Schul ken, the leading attorney for the de? fense, will make the closing argument for that side, and Solicitor A, X. Sin? clair will have the closing argument for the State. The case will go to the jury prob? ably by 5 o'clock tomorrow and in that event a verdict is expected at a late hour in the afternoon. HOW'S THIS? \\ <> offer One Hundred Dollars Re? ward for any case of Catarrh that ?annot be cured by Hall's Catarrh Cure. F. J. CHENEY * CO., Toledo, O. We. the undersigned, have known F, J, Cheney for the last 15 years, and believe him perfectly honorable In all buelneai transactions and financially ible to carry out any obligations made by his firm. yVALDINQ, KINNAX A MARVIN, Wholesale Druggists. 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Doan's Kidney Tills, which I got at China's I>rug Store, brought me prompt relief and in return i give them my heartiest endorsement." For sale by all dealers. Price f?0 cents. Foater-Milburn Co., Buffalo, New fork, s ?ie agents for the United States. Remember the nami?Doan'a?and take no other. No. 6 Foley Kidney Pills What They Will Do for You They will cure your backache, strengthen your kidneys cor rect urinary irregularities, build, up the worn out tissues, and eliminate the excess uric t.cid that causes rheumatism. Pre vent Bright'a Disease and Dia bates, and restore health and strength* Refus? Substitutes? SlBJnUtT'S DIU t. STORE Postotlice Note?. Mr. E. E. Poag, postmaster at Rock Hill, spent Wednesday in the city with Postmaster Geo. D. Shore. Mr. Poag had been to Florence in at? tendance upon the United States c ourt which is now in session at that place and stopped over a day In Sumter on his return to go over the new postofnee here and to see Mr. Shore. 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