The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-03-14

GUS vas this unlawful love, the un-
happy woman dogged the steps of her
beloved when he went to visit one to
whom he was paving court; that on
this trip she followed his every move
with vatchful eye; that so enamour-
ed was she that her ten-months'-o
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.
The Defence.
AS stated in yesterdays dispatches,
the defence admits the killing OF
Floyd by Mrs. Hayes, but claims that
it was iustifable-an act necessary
in the defence Of herself. To establish
this, Mrs. Hayes's testimony was Of
fered. Regarding the circumstances
introduced by the prosecution, the de-
fence denied those which were per sc
incriminating and contended that
the others we're 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
plea Neal Hayes could have had no
knowledge of nor any part in the
killing.
UoIenO2nE IH2lS hSE StUias
ION Saturday night, one hour after
dark, was at my home; heard some
one at the door which was locked;
unlocked it, opened it, and Floyd was
there. spoke and asked him to come
in; he walked in. hung up his hat.
I told him to wait until I could get
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
along.
"Then he pinched my cheeks and
asked ME to kiss him, smilingly say
ing it would do the mole good. told
him no, that was not the way 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 T said, no, my husband
will pay you for the work. What do
you mean? He said, If you will sub
nit to me I'll treat the mole for moth
ing and give you S. NO, 7 said, I
have husband, working for me, turn
me loose and get out of this house.
He put his arms about me and press
ed me towards the bed. (Here Mrs.
Hayes related her version of the al
legged attempt to assault on the part
of Floyd) I protested. In the tus-
sic, I got one of the pistols, which
was under the pillow; we got off the
bed, somehow, tussling, and stood up.
I said turn me loose, or I am going to
shoot YOU
Kept on Shooting.
"He wouldn't do. it. and I shot him,
but don't know where I hit him; but
I meant to shoot his arms loose from
me. He grabbed at the pistol, but I
was shooting right on; don't know
how many times. In the tessle I lost
the automatic pistol; don't know
whether he got it or I dropped it, but
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
steps.
l. 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
Seals house, where I was arrested,
and stayed there until Monday, when
I was brought to jail"
Said witness. "T am eXnec+inp IN