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THE DAILY SUIs
THCMDAT MoBKtKO JlLY 12.
JW« «n*r ait kmi imttrtoi at nftrtn Omit
Km (B iNnti a lit**) fur fir* tmertion, and
t 0* cask. Thu it port tiro.
FOB BALE!
ECHOLS k WILSON'S.
T. B. RIPLEY'S.
T7H)R BALE—CREDIT SALES.—Merchant*’ and
X nUutrr*' ordm fur Bacon. Corn, Orooerte* will
be on time until fall. HaUalactor.j collateral*
or mcmritr ruqnlrtxL Addrem
A. K. 8EAOO,
in Planter*' Bond* and Real Estate, Atlanta,
jy« fit
WAMTtf!
T>ARTXKK WANTED-i»n«- that U wlllluff to work
1 and ha* a small capital. In a good paying bust'
nest. Inquire at No. 11 AlaUm* atm*. Jyll-lt
Hon. Alex. H. Stephens of Georgia,
has s Sun.— Columbia (Teun.) Herald, 7th
Jolt).
*'WhW 11 rat that 'Sum' its Uf«-girfug bwn. .l:»liU>«
It Snarl up vapors which obacurv Its raps;
But a‘an those clouds at last adorn Its WSJ,
BeSsct osrr glorias, shd augment the day I"
-♦-« ■
a. a. a
The “Plantation Publishing Comps
nj" his just been organized at Atlanta,
with Geo. John li. Gordon, Rev. 0. W,
Howard, and Messrs. W. C. Morris, C.
R. Hsnleiter, and ItaC. Yancey ns stock
holders. The latter is President, and
Mr. Hsnleiter, managor of the mechuni-
-cal department The Intelligencer office
will be united with the “Plantation,"
but the Intelligencer newspaper is still
for sale.—Cdluinbus ((7a) Sim. 9th July,
We hnil with pleasure the nn-
nonneement llius made — of “Ilie
Plantation Publishing Company.”—
From the character of the men en
gaged in it, we can hut, believe they
will meet with abundant success, and
that the agricultural interest through
out the Southern States will begreutTy
benefittod by the enterprise.
A. H. 8.
What ta to be the Future or At.
lantal
The answer to this question de
pends mainly upon the energy and
enterprise of the business men of the
Gate City. Like a youngmau started
in life, with almost everything that
nature cun do for him, Atlanta must
be the architect of her own future
fortunes. Two things enter into
the growth of all cities. These are
manufactures and commerce. Towns
and cities, to grow, must make and
produce, as well as sell and transfer.
For the full development of both of
these co-ordinate parts, with their
vital functions, six nuturui elements
are essential:
1. Salubrity of climate.
2. Abundance of pure water.
3. Abundunce of accessible and
suitable raw material.
4. Cheapness of subsistence.
6. Cheapness of fuel, and
6. Central position for distribu
tion.
Five of these elements Atlanta lias
(taken in combination) in u degree
unsurpassed by any point on the Con
tinent Her climate is eminently
distinguished for its mildness of tem
perature and dryness of atmosphere,
with freedom from impurities ut all
seasons of the year.
The purest of wnler in the greatest
abundance is ut her command. The
Chattahoochee could easily lie lmul
to flow through her streets, for all *tato Democratic Conventions, design to
WASHINGTON CORRESPON
DENCE.
.
What will wot be 1M< Is thvs» bstlsrs
and what will bs danv A Kadis.
Plan to maks capitalowt of sahss S*n
Democratic t'osvtsllasi - Thty
Pile oa the Agony The tight la
upon |ha Iseaa of lMS-What the
•'Hew Depart arc" Platform oWcrs the
•onth—The Boutwcll-Pleasaatoa Im
broglio.
apodal Washington Correspondence of The Sun.
Washdiotob, July 7, 1871.
In the letters I propose writing tor Thi
Sob, from this quarter, I shall not
make a point of noting the departures
and arrivals of those penonagee who do
the business of assistants to the Secreta
ries, although they may have have had
the prefix of “Honorable” potto their
aur-names of Higgins and Bpriggins, and
the like, by a venal local press. Neither
shall I note the transfers of this or that
military or naval officer (be he high or
low) from one vessel to another, or from
one barracks to another. All such weighty
matters may well be left to the sound
judgment and nice discrimination dis
played in the Associated Press dispatches.
It is even to be donbted whether the
perigrinatious of his Excellency himself
are worthy to be speoially and at large
reverted to every day in the year. As a
matter of news, snoh items must be littla
relished by the people, especially those
of the South. If these constant refer-
ences to Gen. Grant’s whereabouts are,
however, meant as so many friendly at
tempts to keeji his name before the peujie,
on the one side, and as so many re
proaches, calculated, in the pretended
opinion of weak-kneed Democrats, to
impair his popularity, then I have to say
that it is impossible to oonoeive of more
peiurilu partizan contrivances. Th* Pre
sident is already too melt bunco as an
avowod candidate in 1872, to require fur-
thor notoriety. And, pray, what impres
sion cun be expected to be made by such
puny objections as this gadding about of
his Highness from Dun to Borsbeba,
upon a people who have “aocepted the
situation,” which enables him not only
to go to Long Branch and stay as long as
lielikos, hut to invado that virtuous lo
cality, at tho hood of an army, and im
prison every Bojourner there, without the
benefit of tile habeas airjiust
Bo, I very respectfully, also, turn over
to tho agents of the associated telegraphic
companies all that pertains to the Gen
eral s wanderings, his cigars, liis horses
anil his asses ! It is not perceived how
such small matters can weigh a feather
in the ooming contest. I doubt evon it
ban Domingo, or the tariff, or “ oivil re-
form," us it is callod, will change a hun-
drod votes in the whole oouutry.
But my provinoo is to furnish neu> and
uot opinions:
I learn to-day that the Radical Central
National Committee, have agreed upon a
plan to turn the erratic course of somo of
tho Democratic State Conventions to de
cisivo account at the next session of Con
gross. Of course one, and the first, leg
islative movement will be to ondeavor to
forco Democratic members, (so-called) to
“ swallow tho leek” bodily. This, I learn,
(and from a source not tu bo questioned)
will bo done by general declaratory reso
lutions of ir/uit' *the situation” really is, that
suoli men have so foolishly ' ‘accepted. ” If
this wore all tho mischief to be appre
hended, the rebuke would, perhaps, be
richly deserved. But tho probability is
that those men (at least one-half of the
conservative members) mil utterly refuse
o “ bite,” having recorded thoir solemn
otes a dozen times ogainBt the principle
of the wliolo reconstruction system. In
wliat a dilemma, then, will “our side" of
the House uud Senate be placed I The
best thing that could happen, (and that
is bad enough) would be for “our repre
sentatives" in both Houses to “own up,"
through thoir votes nud speeohos, that
all this flim-flam about a "now departure”
is simply a "little game,” got up by Bill
Nye, formerly of San Francisco, but now
of the city of New York, and chairman
of Tweed’s Secret Central Committee,
and editor-in-cllief of the HorM news
paper,
1 learn further that the Radical party,
emboldcnod by tho indiscreetly worded
resolutions passed by the Ohio and other
PIERCE, D. D.
Address Before
oie Exhibition of
emale College,
Evoking, July lOili,
purposes connected with health or
machinery.
Raw material—lumber, cotton and
all sorts of ores—surround her.
Subsistence to any extent, and at
moderate cost, is almost at hor door.
Her Railroad Connections — the
Georgia, tho Macon, the West Point
and Montgomery, the Air Lino, the
great Western and Atlantic, with all
its feeders—make her the grand
Centre of a Circle of distribution for
thousands of miles.
What lacks she now of all the es-
acutial natural elements for future
growth to give her a place amongst
the first cities in the land? Put one;
and that is an abundance of cheap
fuel
Her neigblwring forests will not
supply this. She must look elsewhere
for it. What nature lias failed to do
for her in this instance she must by
her own exertions do for herself. She
must stretch forth her hands and
grasp the nearest coal-fields in h
reach. Where are these ? In Ala
bama, so far as discoveries have yot
been made. Towards these Helds hor
every energy should now be directed.
The Georgia Western Railroad leads
to these on the shortest line. Let
this imjiortant work, therefore, be
pushed through with the greatest )>os-
•ible speed. With an abundant sup
ply of cheap coal, Atlanta will have
every natural requisite for her becom
ing the largest city on the Atlantic
slope. Let this be her high aim, with
out jealousy towards any of her sisters
emulouslv competing for the same
honorable distillation, rememlicring
that from him to whom mueh is given
much will be expected.
ipileon the agony. 9 * “ Give Club-foot an
inch, anil hu’il take an ell.” Accordingly,
upon the siiburnod testimony raked to
gether t*j 'tic Haase and Senate Joint
Kn K ,\a proposition will
be in.i to pit Nil mail .lay of the session
to jhaoe all Ihcse States, which, {rallying/
under a fraudulent flag are likelu to go
“ Democratic," as the teiyn is) back mater
military rule. This is the natural result
of the current thimble-rigging of profess
ed and iiusorupnloiis politicians. But
what do they caro ? No section will be
hurt but the South, and its people are
the “born thralls of Cedrio. tho Saxon,”
o one party can make a political issne
for its adversary. “It takes two to make
a bargain.” Tho fight in 1872 must needs
be upon tho issuos of 1868. We oould
not, if so desiring, get rid of the tenth.
The “new departure” platform offers tho
South "universal amnesty” ns a salvo for
its loss of everything else. Suppose, for
a moment, that what Huy offer should be
accepted by tho Radicals as rosily the
issuer It takes a throe-fourth vote in
the Senate to remove existing disabilities
imposed by an amendment of the Con
stitution, “accepted’’ by tho mischief
makers! Tho Democrats and Conserva
tives combined number bnt fourteen
Senators. If this point bo forced as a
piety test, I should like to see the astro!
oger who oonld make a reasonable pre
diction of the time in the far future
when “amnesty” could be obtained.
There are rumors to-day of the resigna
tion of the Secretary of tho Treasury, as
there have boon heretofore. But I have
good grounds for believing that Pleasan
ton, of the luterual Revenue Bureau,
(Boiitwell's pugnacious opponent,) will
be pwiiiitteil to retire, together with a ma
jority of his uuderatrappera. Cameron
now rules the roost, and a protege of his
will supplant Pleasanton. *
Reported Specially fur the Atlanta Pal'y Bun.
> liaowa's Hu«l, Macon, Ga., 1
_ July 11th, 1871. J
Editobs Son : In my yesterday's re
port, I promised to give the address of
Dr. Lovick Pierce, in response to the
glowing eulogy of Miss Swoll, of Sa
vannah. The theme of her essay was
Gray Pairs as yon remember, and what
more fit illustration could she have found
thou the venerable hierarch of the
Christian host, who sat there with bis
head of silvery hair, which she said,
speaking after the manner of Solomon,
wss “a crown of glory ?" Miss 8. turned
from the audience to Dr. F., and with
queenly dignity, graceful, earnest deliv
ery, and beautiful language, pronounced
such a glowing tribute to this noble liero
in Christian strife, and with such thrill
ing effect, thut pearly teardrops could be
seen glistening, not only in the eyes of
the venerable divine, but throughout the
whole aadienoe.
The Doctor, then amid the profonnd-
ost silence, and with the deepest emotion,
(which be oonld scarcely restrain), arose
and said:
“Duty and gratitude require that I
should acknowledge the fluttering tribute
Which the lady fr cm Savannah has so
gracefully delivered iu my hearing, I
have passed three-score years and ten;
I have lived to be eighty-seven years of
X - mid under all circumstances uud iu
imergencipe, I have never failed to
find something in the word of God to
meet man in every phase of life; and iu
that bleseed Book nothing is more strik
ingly appropriate to the occasion than the
words which you have just cited from
Solomon, “a hoary-lieud is a crown of
^ /have been a happy participant in the
C lcasnres of youth. I have reaped the
leased fruits of early piety, and listened
to the praise of friends, whom it was u
pleasure to love; but not until to-day have
I over tasted earthly pleasure so unalloyed
as that administered by the generous
words of your lust essayist. (Applause.)
I thank my friend from Savannah for
the compliment so gracefully bestowed.
It was so gracious uud overpmveriu {lliat
I oould scarcely endure it; ami reproach
myself for attempting to cvr. — tuy
gratitude; I foar I may deface tho pi.
ture she lias so glowingly painted.
indeed almost faulting* It olio 'piece
received more apphrare M most bo at
tributed to the nature of the extract,
for the rendition* of all were perfect
“The Shadow on the Bind,” “The
Eggs and Homes,* “Spoilt Men,”
“Here she Goes ana There She Goes,”
and “The Widow Essays Poetry,” all
humorous pieces, were greeted with
uproarious applause. The other ex
tracts evincing more genuine senti
ment and more refined taste and
mneh true patriotism, were hand
somely enacted.
Hut by far the most popular per
formance of the evening was the song
“Guess Who,” as sung by Miss Elu
Wright, of your city. It wa» with
such 'native grace, such a playful,
winuing smile and a coquettish air,
that the audience, unable to restrain
themselves, greeted her with rounds
of applause at the conclusion of every
stanza, and some times in the midst
of a strain.
At the conclusion the applause was
deafening. Encore! Encore!! Prof.
Hues tried to restrain them, besought
them to desist, but of no avail, and it
was not until be assured them it was
impossible for Miss W. to repeat that
they ceased their encore.
These exhibitions speak well for
the management of Prof. Bonnell and
bis corps of able professors.
We are glad to meet here the pleas
ant face of Dr. Simmons, who is rep
resenting the Constitution, of your
citv-
We find the Brown House full of
guests, wiio have been drawn here
doubtless as much by the attraction
of this house, as the other allurements
of Macon. Morb Anon.
SI'PKKXK COllAT Dlcnion.
Reported Especially for The 8un.
July 11, 1871.
Judgments of affirmance were rendered
n the following cases, to-wit:
No. 5, Blue Ridge Circuit—W. A
Smith anil J. W. Loopervs. W. L. Byers,
-Illegality from Dawson. TheCourt
awarded 10 per cent, damages to the de
fendant in error, against 'h* plaintiff in
error, for the delay eaused iu bringing the
cose to this Court.
No. 1, Southern Circuit—Jimpeey A.
Hunter vs. The State—Murder from
Brooks.
No. 2, Southern Circuit—Thomas A.
Parsons vs. The State—Larceny from
Laurens.
No. 2, Albany Circuit—Aaron L. Reid
. Win. Godwin—Foreclosure of mort
Nothing outside of mv immediate fami- K“8'‘ ; t om Dougherty,
. ° i .■ ' at. . • x a V/i M &lhntiv(',intm
ly has ever possessed for me the interest
that tho prosperity of the Wesleyan Fe
male College has inspired. .My son was
its first President. 1 labored throughout
the State for its success. 1 found oppo
sition, and sometimes the strongest pre
judices, to overcome. It lmd enemies,
and has a few now. They objected to
8oniors and Suniorsappearing before the
public to read original compositions. It
might destroy their maiden modesty,
impair their virgin purity of thought, or
deface the memory of sacred family ties,
they said, and these very persons win
manifested such’violent antagonism t«
the enterprise for fear it might blast tin
modesty of their girls, placed their daugh
ters in the care and surrendered them to
the instruction of dancing-masters who
were unworthy to loose tho latchets of
my shoe, and who should not clean my
hoots. There is no danger of blasting
their modosty. Our curriculum has im
proved them. No woman has ever left
our College halls and afterwards attained
the celebrity of being “fast.”
We have taught them to be graceful in
our way, and we feel assured they have
never suffered from want of the dancing
master’s instruction. They have gone
from us with our fondest wishes to beau
tify, adorn and bless many a household;
and nearly all who have severed their as
sociation with us on earth have gone to
shore a more blessed communion iu
heaven.
For thirty-throe successful years I have
attended your Commencements. Every
time I tlnnk it my last; but thanks to a
ruling Providence I have been spared to
witness another triumph for this institu
tion and the cause of woman’s education
the world over.
May the praises of her founders, her
patrons, hor pupils and her teachers, go
sounding down through Time until the
last trump shall sound, when the great
multitude of her friends uud supporters
shall be gathered to their homes to reap
the rich reward that awaits them.”
The Dootor sat down amid tumultuous
and prolonged applause.
MACON CORRESPONDENCE.
Wesleyan Female College Com
mencement.
No. 3, Albany Circuit—Nicholas Crnger
vs. Chester M. Clark aud Martin & Erd-
man—New trial from Dougherty.
No. 4, Albany Circuit—Jeremiah Wal-
ter« vs ]J. Howland Croasdale—New trial
from Dougherty.
No. 0, Albany Circuit—John F. Cargile,
atlin’r. vs. Abner P. Belcher—Foreclosure
of mortgage from Dougherty.
No. 7, Albany Circuit—John G. Tyus
vs. Y. G. ltust—Trover from Dougherty.
No. 8, Albany Circuit—Ex parte motion
of K. 8. Bust, et al—MoUon to relieve
firemen from jury duty. The Court
Iti.LI f.liaf fha t Viiifltft.il t.ir
Our Washington Correspondent.
A. II. 8.
t* ta. ADrutla Chronicle end S.nUn.1, July
Ool. E. H. Pottle, of Warrenton, write .,
a long letter, republished in the ClipjMr,! foe relied upon, and a hose facilities
in reply to false, scurilous and malicious „ • . ,
Wo ask special attention to tho
vory interesting initial letter of our
special Washington correspondent
His contributions will appear regu
larly. and will constitute one of the
most attractive features of Tub Sl>'.
lie is one of the ablest writers in this
(country, who has long experience in
correspondence, whose integrity is
untarnished, whose sentiments mav
charges made bj the notorious Chap Nor
ris, and published in the Qocrgia Repub
lican. Chap Norria is notoriously mfa-
mem, and charges ooming from him can
injur* the ohareotar of no one, mneb lea
a natlmnan of OoL Pottle's position in
We suggest to the Colonel
paw h* Is pursuing is not worth
for gathering news are unsurpassed
by those of any person residing at the
Capital. We congratulate our read
ers upon our good fortune in securing
such an able and worthy correspon
dent at the scat of Government in the
United States.
Macon, July 11.
THE SOPHOMORE EXHIBITION
constituted the evening exercises of
yesterday, and consisted in reading
selected extracts by the members of
that class. The programme wins as
follows:
•‘We do our b»st, and mk, *Wh»t emu we n
Ttmbour March—MIhho* Raw«on and WllUi
InutrumenUl Duet— Young Chianti*—Mi»*te» .W»-
aon, Hutching*, Brewer *nd D*vl*
Thanatopal*—Mi*« Hattie M. Lansiter. Macou. G*.
The Drummer Boy'* Iiurt*J - 311a* Georgia R.
Stephen*, Macon. G*.
Vooal Dnet—"Music and her *i*ter Song"—Miaee*
Mas* and Benfroe.
The Shadow on the Blind—Mi** Hattie Harmon,
Macon. Ga.
Tho Eggs and tho JJorac* M.m L. Helen Goode,
Georgetown, Oa.
Instrumental 8olo—Song of the Alps—Mis* Ren-
fpoe.
An IngHah Estimate of Gen. Lee—Miss Susie R.
Wiggins, Sparta, Oa.
Spoilt Men—Mis* En mi Jordan, Monticello, Oa.
Song—"Oue*a Who T"—Mis* E. Wright, Atlanta,
Oa.
Here the Ooea and there *he Goo*— Mias Sadie C.
Burg*, Oxford, Ga.
The Old Rebel Gray Coat—Miss Sallie P. Barker.
Macon, Oa.
Trio, "Sky Lark Song”—By the Clans.
The Widow Essays roetry—Miss M. Eli* Riley,
Macon, On.
Tha Closing Tear—Miss Mary A. Smith Macon. O*
Vooal Trio, "Calm is the Glassy Ocean "-Mi**t*
KacxfToe, Baas sad Jackson.
Trio—Maw Ysar—By the Class.
In justice to all, the amateurs of
last evening, and indeed to nil who
have appeared before the audience of 'tinTpr»inti£f.' »tUl'it' im • que»-
heltl, tiiat the Constitution of 1868 ami
the Act of 18Gfi relative to perwuiH liubl
to jury duty repeal all previous local and
general acts exempting jurors iu oertaiu
CftSCH.
No. 1, Blue Ridge Circuit—Alexander
Murray vs. Wm. Walker—Equity from
Union, was reversed, on the ground that
the Court below erred in granting a new
trial, under the law and facts of the case.
No. 4, Blue Ridge Circuit—Sarah E
Kilgo, ft al, vs. M. H. Vandyke—Equity
from Lutnpkin, was reversed, on the
ground thut the Coart erred in overrul
ing the di murrer filed in this case.
No. 3, Blue Ridge Circuit—Lester &
Lester vs. J. M. Fowler aud Ira
Dunnaway—Certiorari from Foisfvth
was reversed, on the ground that
that the Court below erred in sns-
tniiiiug the certiorari and ordering a new
trial in the Justices’ Court.
No. 1, Albany Circuit—Nelson Tift vs.
D. P. Hill—Equity from Dougherty, was
reversed, on the ground that the Coart
below erred in overruling the demarrer
to complainants bill.
No. 6, Blue Ridge Circuit—Stephen
Cantrel vs. James M. Cobb—Equity from
Duwson, was reversed, on the gronnd
that the Court below erred in overruling
the demurrer to the complainants bill
and in refusing to dissolve the injunction.
No. 2, Blue Ridge Circuit—The Geor
gia Company vs. R J. Castleberry—Cer
tiorari from Lumpkin, was reversed, on
tho ground that the Court below erred in
sustaining the certiorari, the Court being
of opinion that under the faots set forth
iu the answer of the Magistrate, the cor
poration chartered as the Georgia Com
pany is not liable for the debt sued on.
D. P. Hill, adm’r. of Davis, vs. Nelson
Tift—Equity from Dougherty.
Warner, J.
This is a bill filed by the administra
tor of Davis to set aside a Sheriff's sale
of a city lot in the city of Albany, on the
ground that the consideration on which
judgment was obtained, was a slave or
slaves. It does not appear on the faoe of
tho judgment or the execution, that the
original consideration on whioh the judg
ment was rendered, was for slaves. Judg
ment was obtained on the 24th of Novem
ber, 1864 ; the lot was sold by the Sheriff
on tho 5th day of Januaiy, 1869, and
purchased by Tift, for the sum of $260.
Tho prayer of the bill is that the Sheriff's
sale be set aside, and that the title of de
fendant be declared void. The defend
ant demurred to the bill,and the demarrer
was overruled.
Held that the sale by the Sheriff under
a judgment by a Court of competent
jurisdiction, under an exeention regular
upon its face at the time, and the same
not being a void judgment, a purchaser
at the Sheriff’s sale, who paid his money
for the lot, acquired the title as against
the defendant and his legal representa
tives, and that the Court below erred in
overruling the demurrer to the biU.
Judgment reversed.
J. G. Tyus, plaintiff in error, vs. Y. G.
Rust, defendant in error—Trover from
Dougherty.
Warner, J.
This was an aotion brought by plaintiff
against the defendant as a warehouse
man, to recover the value of fifty-two
bales of ootton, whioh the plaintiff alleges
were sold contrary to hu* inutniotiotiN.
and without his authority. Tn« wi»U i
of law has been violaU-d and
verdict of the jujpr’ is not 4eci<
strongly against fie weight of
this Court will not inAei *
have earnestly endeafbi
the mind* of pagtiel au<
by the repeated liftings of
Judgment affirmed.
The Georgia Company vs. Castleberry—
Certiorari from Lumpkin.
MoCat, J.
A corporation of^ the same name with
a partnership doing business by theisms
agent before the Company, had a charter,
is not the same person as the partnership,
nor liable for a debt due the former part
nership. A parol promise by the Presi
dent of the corporation, without due con
sideration, to pay a debt contracted by
the agent of the partnership, is not suffi
cient There must be a promise in writ
ing, or it must be shown that the corpo
ration has received a consideration.
Judgment reversed.
W. A Smith aud J. W. Looper vs. W.
L. Byers et aL—Equity from Dawson.
MoCat, J.
A judgment in equity directing the re
moval of a trustee for maladministration,
and that he pay a certain amount into
the hands of a receiver that it may go
int< • tin* hands of a new trustee, to be man
aged properly, is a judgment of a court
of competent jurisdiction, is conclusive
between the same parties as to all the
matters at issue ; nor is the trustee re
moved under the judgment allowed to
deny that he has mismanaged the trust.
Judgment affirmed with 10 per cent
damages.
Parsons vs. the State—Laroeny, acces
sory before the fact.
MoCat, J.
The rule that a conviction cannot be
hud on the uncorroborated testimony of
an accomplice, only applies to cases of
felony. In misdemeanors, tho status of
the witness goes to the credibility, and
the jniT are the judges of the credibility,
as in the coses of other witnesses.
Judgment affirmed.
N. Oruger vs. C. M. Clarke, et. al.—New
trial from Dougherty.
McCay, J.
Where a question of fact has been fair
ly submitted to a jury who have found a
verdict and the Judge below refuses a
new trial, this Court will not reverse the
judgment uuless there be a vory strong
case made against the verdict.
Judgment affirmed.
Jup. F. Cargile, vs. A. P. Belcher—
Foreclosure of Mortgage—Dougherty.
M< Cay, J. •
Where a promissory note was given
during the war for $3500, at one year
after date, on which $2800 was paid at
maturity in Confederate money, leaving
due $700, and the jury, on a suit brought
for the balance, found for the plaintiff
£18 97, ami the Judge granted a new tri-
• I, on the ground tiiat the jury did not
ind their verdict iu view of the equities
of the case.
Held, That this was no abuse of the
discretion allowed the Judge in granting
or refusing a new trial, anil this Court
will uot reverse the judgment.
Judgment affirmed.
Lester & Lester vs. Fowler & Dunaway—
Certiorari from Forsyth.
Warner, J.
Suit on promiKory note. When a suit
was brought in Justices’ Court on a note
for $20, made by defendants in favor of
the plaintiff, on the trial the Justice al
lowed defendant to prove that the condi
tions of the contract were that the plain
tiff's were to clear the defendants of a
charge on which they were indicted, or
they were to have nothing, which evidence
was objected to by plaiutiffs, on the
ground that it con indicted the note,
which was the best evidence of the con
tract between the parties. The case hav
ing been oarried up to the Superior Court
by writ of certiorari, the Court affirmed
the ruling of the Justice, aud dismissed
the same.
Held, that the admission of parol evi
dence by the Justice, to contradict the
uote and to prove conditions not ex
pressed thoreiu, was error, and that the
court below erred in not sanctioning the
oertiorari and ordcriug a new trial in the
Justice’s Court.
Judgment reversed.
Cantrell vs. Cobb—Iu equity from Daw
son.
Warner, J.
When a bill was filed to set aside an
award of arbitrators on the ground of a
legal accident, without stating in what
particular that legal accident occurred,
and praying for an injunction to restrain
the collection of the purchase money tor
a tract of land sold, ou the grouud that
the complainant has good reason and
does fear that the title and Warranty to
at least a portion of the land will fail, be-
oanse a suit has been instituted on the
equity side of the court, against the de
fendant and other parties in relation to a
division of the land, and that the ib*f<
dant is a non-resident of the State. There
was a demurrer to the bill for want of
equity and a motion to dissolve the in
junction on the filing of defendant’s an
swer—both of which were overruled by
the court below and the defendant ex
cepted.
Held, that the cllegation in complain
ant’s bill that tho matters complained of
were a legal accident, without more, does
not suffice in law to set aside the award.
Held, further, that a court of equity
will not enjoin the vendor of a tract of
land from the collection of the purohase
money due therefor by the vendee, when
the latter is in possession of the land, on
the ground of the fear of a failure of the
vendor’s title. The complaiuont must
allege each facts in his bill os will af
firmatively show such an encumbrance or
outstanding title as will defeat the title
under which the defendant holds the
land; aud that the court below erred in
not spstuiniug the demurrer to the bill
aud refusing to dissolve the injunction.
Judgment reversed.
Croasdalo, vs. Walters— Complaint from
Dougherty.
Warner J.
This was an action brought by the
plaintiff upon a prom mis* rv n«te
against the defendant. Ib* plodded in
defence thereto that the note was given
for a commercial fertiliser, known as
Croasdale’s Superphosphate of Lime,
and that the article was unfit for use as a
fertilizer, and ttiat the consideration for
which the note was given had failed.
There was evidenoe on both sides as to
the value of this fertilizer. The jnry
found a verdict for the plaintiff. De
fendant made a motion for a new trial
on several grounds aet funk V» the
record.
11.*id. That thr pi .iutiff iviuj^ultil t><«?
UKrchuli .dill*
henbp gf/m notice of th«
Mag buH a*4 void, sad tbai customers of th*
rwAsr to deal with their
prasst Afoot L. A Dsns.
A. Q. RALSTON, Secretary.
— WMMMMrtttllWOOD.
Tosfc. Safr 4 Wlr~ir1* Osa'l Afsnts.
Air-tine Express.
lasts and WOt+wom* kir-Lkmm Ballroad. A Maaaao-
gsr will nas dally m tha rsassMsr Train. We will
bar* Afsats at tmmiWMd at all the
alon< th* Una of Road.
All Express matter will bs deMrsrsd Ares of charge
to and from tha oara. at tha Atlanta ‘ *
Alr-Llns II****** ispet
Parties ahippinoProduo* to Atlanta from North,
snat Oaetfla, oonld not do better than to sand by our
H. H. WITT k OO., Proprietors,
. and Country Produce Deal.
ora, Peachtree street, J
July it-St
C LATTif S COf LECfTED. - H a v 1 n g
formed fsTurable connection with a responsi
ble Attorney at Washington, D. C., I will tie and
prosecute all claims entrusted to my onre against the
United States, before the Southern Claims Oommi*
alun. or any Department of tho Gorarnmnut. Office
on Marietta, near Peachtree street, Atlanta. Oa.
D. P. HILL.
Jyll-lm Attorney at Law.
THE LADIE8’ CHURCH * PAR
SONAOE SOCIETY
glre a GRAND SUPPER at th* Kimball Hoi
<m Thursday evening next, for the benefit ot the new
Church Building Admission file. The Indie* of
inroh and htonda
the oharoh and friend* are requested to meets!
Kimball House at f o'clock. Thursday morning. ^
T. O. MAYgON,
Opera Hones. Sale of Unclaimed Baggage.
Saturday Morning, lMh July, at 9 o clooA. Sole
Leather Trunks, Valia a and Baggage generally. T
Sole Leather Drunks are large and fine.
J. H. BARRETT. T. 0. MATSON,
Jyll-4t Auctioneer. Proprietor.
ATTENTION, LADIES.
By Entire Stock of
Millinery Goods,
\ XT'ILL be sold out at greatly reduced nr foe*, in
VV order to make room for my (all stock.
MOW l« THE TIME TO GET BAROJ
OT THIS LOTS.
JOHN H. HOLBROOK,
M ta* Bat Otar*.
Jyii-a*
GRAND FESTIVAL
Mechanic Fin Co. No. 2,
Of ATLANTA, will holds BASKET PIO MIO, a
PALMETTO, On., ou the Atlanta * Went
Feint Railroad, THURSDAY, July 13, *71.
all delioacle* of the aeaeoti. and to ke p the
whole party oool. Positively no liquors allowed
among the Company or lte gueete. The train will
lesTri the General Passenger Depot at 7 o'clock, a.m ,
precisely. Price of tickets for round trip Sue. Child
ren and servants half fare. Use Company reeervf
the right to refuse admittance by returning the price
of ticket. Floor Managers—C. Hi-adman, of No. 3:
Henry Haney, of No. 1; K. J. Lowry, of Hook * Lad
der Mo. 1; Wm. Lumpkin, of No. «; J. M. Toy, oi
Committee of Arrangement* -Charles Hughes.
J. M. Toy, Johu R. Duwuh, David Shaver. Henry
BOOTS AND SHOES
/'CHARLIE HUGHES hereby gvea notice that the
\y boot and shoe butanes*, heretofore conducted
by
C. HUGIIE8 Al SON,*
will be continued in all its branches, as heretofore,
by himaelf atthe old stand. Fre*h and good mate
rial and the beat workmen only sr* employed, uid
cnetomere are invited to oonttnoe their patronage,
andnsew ones to oome and give me a trial.
Charlie Hnghee.
To Parties Desiring to Build
T HE undersigned would respectfully Inform the
clttseos of Atlanta that he la now prepared tc
BnpcrinUnd th* Mttildin* mmI MNmtn*Jng-, er
•a* PisMhHg Skpmrtment only, mf tmy
Wirefi mm Urn mem fA*gr mm* tedek in
Jbwft
He has at hi* command a picked set ot hands, end
feels confident In giving general eatlaUetion.
Ag” REFERENCE—Ool. John L. Grant, Longley
k Robinson, aud Fay A Oorput, Architect*.
JOHA* e. ATMCHOL8,
OFFICE IN AIR-LINE HOUEn, PRIOR STREET.
ent7-fin
THOS. HAMPTON, ft. D. SALMOWO, f
Orohtr* CrreM jmU*.
F. A. B ARDOUR 4 CO.,
JjUUU IU
FLOUR,
MRAT,
t 8HIP STUFF,
roMjrmM.MJr, Mmjrrcc* v.
W HIGHEST PRICE PAID TOR WHEAT. -**
til pradoo. d.Uv.rad uth. d«p«it frM of ohM*.,
miscellancont.
BOBT. ft. MOWS. Vm UL’bULK.
HOWE & HUBBLE,
JMPOBTKRH OT AND DEALERS in All kind* of
FORKIGN AND DONIE8TI
ZiZQUORfl.
SPECIAL ATTENTION TO SOUTHERN TRADE
-Vb. *3, 545 mm* 546, Hyrmmnr* Kiretl,
Cijynt’ijrjs'j tm, girfg.
ni|g4-3m
Lookout Mountain,
FROM ATLANTA, OA.
WESTERN 1 ATLANTIC RAILROAD. »
Atlanta, Ga., June 2vth, 1871. j
miCKETS, FOR THE ROUND TRIP, NINE Dor
X labs and seventy-kive cents, tK'
ding Stage Fare, esn had on application to j h
Porter, General Ticket Agent, Union fftmmmi. i...
pot, Atlanta. K. B. WALKER
junefiO-am Master Transportation
LUMBER ! LUMBER.!
T1TE have on hand a large Jot of Lumber. «.(„
VV gle*. I a! ha. White Pine Doors and Huh ai-”’
three hundred thousand (300,000) feet of 8©uthwl»
Georgia Flooring thoroughly seasoned, which » r
selling at reduced price*. Offioe and yard comic
Forsyth aud Hunter Street*. r
jnne77-dlm. MURPHY & HEBBIam.
“«™’ • i-.JSffAat
HOYT & JONES,
Bankers and Brokers
ATLANTA, OA.,
Denier* in
Uold, Silver, Stocks,
Bond*, Mdrtgages
Domestic and Foreign Exchange,
Railroad and other Securities.
Hpeelnl Attention
GIVEN T O COLLECTIONS.
Refer to Georgia National Bank, Atlanta
and National Park Bank, N Y
sprl-tf
SURE
POP*
OEATU TO RATS,
ROACHES,
BEDBUGS, SC.,
never fhiling, boxes doable the slice as others. Her-
metical ly sealed and always fresh. For sale at
wholesale at Prmbcrton, Taylor and Co/*,
end all other druggist*. febag-ly
Auction & Commission.
E hereby notify the public and business men
generally that we have opened sa auction
and commission business
rise Dugan Building, on Hill street,
lignmenta soliciti
made ou goods in store, to bo sold at auction. Keg-
ul*r sale days, We<-ncAd*ys and Saturdays. Bale* ul
Real Estate promptly attended to.
J. A CHERRY, Auctioneer.
mcdowell & co.
GRIFFIN, QA.. May lg, 1871. my*0-3m
I AM GLAD HE HAS COME.
rile Best Paper Ha
charge for varnishing chairs when I cLnetbeiu, aud
warrant all
tfphmMerinf, Furniture Mepmirinp, etc.,
order. All kind* of household furniture and up-
tiolatery done at the shortest notice. 1 have re
moved to D’-Give's Opera House, under May son's
vuctlon Ware room, c
apI6-hm
i Marietta street.
O. Y. BROWN.
Late of Richmond. Va.
Change of Schedule.
NIOHT PUBCNOKB TK.VIK—OUTWARD.
Leaves AtUuta 10;30p
Arrives at Chattanooga 6;K>*
DAT FASHENUER TRAIN—OUTWARD.
> NSW TORS—OUTWARD.
NIOHT PASSENGER TRAIN—INWARD.
s Chvtttkiiooga "5:20 p
Arrives *♦ AtUuta 1.42 a
DAT PA88ENG:
» TRAIN—INWARD.
Leaves Chattanooga..
Arrive* at AtUuta
ACCOMMODATION TRAIN—INWARD.
ggr The above schedule goes Into effect July 5i
1871
Jnneas-m
WM.
VaitiGA)
Painter and Drcen-ator,
DH. J. U. MURPHY.
SURGEON DENTIST,
found at his old office, on AUhwtna Street, ove
Johu C. Whitucr’s, where lie will be pleased to mee
his patrons ami the public generally. Ail kinds"
dental operations i»erformed pronipMy i
JSTen (Abvtrtteenmtt—Cife ilnsntante.
ATLANTA LRIPARTMEUT
SOUTHERN LIFE INSURANCE COMP’Y,
ATLANTA,
Gooi'kLi.
JOHN H. GORDON, A. li. COLQUITT,
Pbkudut. Vu-k Pbmiuk
A TORKLy P.MiUi.rn I.atttutloo, In-Mtln# IU wh'-r. ft "hUln, ft. Pitronw — mor— «nnoml'
o*U, UH|,I tomn ».y u«pai of Itaac. iu the country— It. lo«w« being over flity nor ctml b«lo»
tn< rang, of itwl.m uouipun ,- it. Ratio of AmcU to LInbllitiM being gre.fr Hun »uy nutltnuon ot
«q«*l bum* In th. United *ktm.
BOARD OR 1 DIRECTORS.
J. B. GORDON.
A. AMTELL.
WADE HAMPTON,
It. C, YANCEY,
w A. CALDWELL.
IA O. MURCHISON.
as conflicting. The ta found a ver- j article end reasonably sin ted to the ; ur-
dict for the defendant, ana the plaintiff pose intended,
made a motion tof a new trial, which wm ‘
overruled.
Held, that although there may have
Iteen a preponderance of evidenoe om the
K W. HOLLAND.
WM. JOdtHTON.
HO BE NT THOMAS.
V J. PELZErt.
U. V. M. MILLER.
C. H. PHINIZY,
J. J. OREOO.
A. H. COLQUITT,
J. 8. HAMILTON.
R. H. COWAN,
W. R. COX,
thi* year, we must nav thev woreai 1 ,■ ,ion * or *he juiy to determine m to the
eminently mcWul, reflecting greet
credit on themselves as well ns the
professors ot Uus institution. These
remarks are eajiecially pertinent to
the young ladies who read lust eve
ning. The reading of every one wns
commendable in the highest degree,
give the evidenoe of the respective wit
neeaee sworn in the oom, and there being
sufficient evidenoe to sustain the verdict
this Court will not dtatnrb it This is a
Court alone for the oonweHoa of legal
errors, and it will sot Interfere to deter
mine what credibility wita <«re« sworn oa
the trial are entitled to receive, in deter
mining questions of fact where no rate
There was no error in the Court
Judgment aflirmod.
Henry Bischoff& Co.,
WHOLES * LE GROCERS,
A.Nil bllALUtS IN
Kloe, Win ere, Liqwore, Mo-
gars, Tobaceo. Sen.
He. 197, Bast Bay Street,
CHARLESTON, S. Q.
n. secsorv. r. wuiskm, j. . rlira*.
CARD.
Atlanta. Ga. July lit. lfffl.
M <b* AeoufJ Martian mf the jfn*M*idn** and Director* of tha Atlanta iM-pwrtment of the 8mith«'rn
LMb tfianrnno* (bn^aay.ON vnderrtnefi ware appointed, in accordance with tin- sarnert dveirv of th*
Pr*rtit*ni and 8*g»lery. % eotnmlltre* to aammlna the book*, resets, liabiluies. etr.. of th» Department.
We have patiently end thoroughly examined everything pertaining to thr Company’* buntnem, and are
ffratified In batmgkktt to dial* to the abeent Director*. Stockholder* and Policy-holder*, that the
the Company ha* bean noMnetod by the offieare with economy and fidelity; and that our former mcAdeur*
n crept wrnert to On*fAMand IT* aMUty to forniah to Policy holder* *a pvfact rnconty *e any >tt
‘ ‘ J. 8. HAMILTON. )
BEN C. YANCEY.
A. H. COLQUIT,