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