The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, July 12, 1871, Image 2

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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,