Newspaper Page Text
THE
SUN.
VOL. II.
ATLANTA, GEORGIA, WEDNESDAY, AUG UST 2, 1871.
NO. 375.
THE DAILY SUN
Published by the Atlanta Sun Publishing
Company.
Alexander H. Stephen*, )
Archibald M. Speights, | Proprietors.
J. Ilealy Smith* )
Alexander U. Stephens, Political Editor.
A. R. Watson, .... Sews Editor.
J. llenly Smith, .... Manager.
To Travelers.—Persons passing through Chat
tanooga, will find Thx Son for sale by 0. II. Glcdhlll,
Nows Agent.
THOMAS N. HOPKINS, of ThomasvUle,
our duly authorized Agent for Southwest Georgia.
Ki~ JAMES ALLEN SMITH is our duly author-
i/.ed Agent for East Tennessee, llis receipts will
bo respected by this Office.
tfg~ John T. Roberts is our authorized agent In
Atlanta. He will canvass the city for subscribers,
and take advertisements. All receipts given by him
will bo rcspoctcd by The Sum office.
Mn. Dave Dell, of Athous, G«., is duly author
ized to roceivo subscriptions and advertisements,
and givo receipts for the same.
To Our City Subscribers.
We respectfully ask our city subscribers to notify
us in case of failure to receive The Sum. We have
recently made some changes in the city delivery, and
in consequence of this, some will probably bo missed
for a few days—until the routes are perfectly learned
by those in charge.
For a short time, we beg our city readers to be pa
tient as they can, in case failures occur. We promise
them that the evil will soon be satisfactorily reme
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All it with good reading matter, and shall have in
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at Crawfordville, Georgia.
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Tiie Sun, except its Political Department, should bo
addressed to J. Houiy Smith, Manager, Atlanta, Ga.
TELEGRAPH NEWS
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FAST LIME TO NEW VOBK— OUTWARD.
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HI'IDT PASSENGER TBAIM—INWARD.
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Arrives at Atlanta 1.42 a n
DAT PASSENGER TRAIN—INWARD.
Leaves Chattanooga
THE GEORGIA (AUGUSTA/ RAILROAD.
(A'o Day Train on Sunday.)
Night Passenger Train arrives 6:40 a. m
Night Paaaenger Train leaves 6:16 p. in
Day Passenger Train arrives G:20 p. m
Day Paaaenger Train leaves 7:10 a. in
Stone Mountain Accommodation arrives.. .8:06 a. m
Stone Mountain Accommodation leaves....6:46 a. m
MACON AND WCSTEU.H RAILROAD.
Day Passenger train leaves
..7:55 a.
Leaves Macon 7:66 a.
Day Paaaenger Train arrives.
longer T
Arrives at Macon
Night Passenger Train leaves..
1:00 p.
.1:40 p. m.
.2:66 p. m.
.5;06 p* m.
10:26 p. m.
.8 33 p.m.
Leaves Macon
Night Passenger Train arm
Arrives at Macon
ATLANTA AND WEST POINL RAILROAD.
Night Pasaonger Train arrives 10:07 a. m
Night Passenger Train leaves ^2 ; 45 p. m
Day Passenger Traiu arrives m
Day Passenger Train leaves s. m
ATLANTA AND RICHMOND AIR-LINK RAILROAD.
Leave Gainesville * • A. M.
Arrive at Atlanta .......10 A. M.
L*ave Atlanta • • * J* JJ'
Western Railroad of Alabama.
I.KAVK MONTGOMERY • A M
ARRIVE AT WEST POINT **
ARRIVE AT COLUMBUS P. M.
LEAVE WEST POINT 13:20 ••
ARRIVE AT MONTGOMERY J-'io A *M
6:40 “
11:40 A M
ARRIVE AT COLUMBUS 4:15 "
Macon & August a Railroad.
DAT VASSKMGSK TRAIN l) ILT, SUNDAY# REFECTED.
Leave Augusts at 12 oo M.
Leave Macon at 6 00 A. M.
Arrive at Macon at..
Arrive at Angusta at..
LEAVE COLUMBUS.
1 46 P. M.
at Maeon at
i P. M.. and makes close connections with trains
of oouncctmg roads at Macon. Passengers leaving
Maoon at < A. M., will make close connection at Oa-
mak with up day passenger train for Atlanta. Athens,
Washington sad aii points on the Gcorftajcad, and
CommimloHtr of In At am Affaire—The t’mbl-
nsl In Ration—Sundry .Wall era IHeemeeed—
rienttmtoH to be Retueved-The J>etc German
%ttin4»ter— Public Fmtere—Phtbe Carey Head
—The Weather, Ac., Re.
Washington, August 1.—Felix It.
Brunot bos been appointed Commission
or of Indian Affairs, vice Parker, wbo re
signed some time since.
Cabinet Ration
Was held to-day and attended by all tbo
members except Cress well, wbo was rep
resented by one of tbe Assistant Postmas
ters. A general consultation was bold
wbicb took a wide range. Many import
ant subjects wero considered, and, be
sides wbicb a largo amount of routino
business, wbicb had accumulated heavily
since tbe last session was disposed of.
The HcuturU-l'lraranton Imbroglio
was a topic of consideration, but tbe dis
cussions were not characterised by any
difference on tbe part of adjusting tbo
difficulties by supporting tbo Secretary
of tbe Treasury. It may therefore bo
considered certain that Pleasanton will
be removed and it is more than proba-
bio that Deputy Commissioner Douglass
will succeed him.
Tbe question of appointing
{[.fa .Irbtler under the Waehtaglo* Treaty,
was a featuro of to-day’s consultation,
and, without positive official endorse
ment, it can be stated that, in all
probability, Charles Francis Adams
will be designated to that office, by tbo
Secretary of State.
The Ilebl Stale*-rut
for July shows a reduction of §8,200,000.
Tbo com balance in tbo Treasury is $83,-
000,000. Tbe balance in currency is $8,-
000,000. During July tbo amount of
National Bank currency issued was #1,-
000,000. Under tbe law tbe same amount
of 3 per cent, bonds must bo retired.
The AVic German Mlnltter.
Mr. Von Schlozcr, was presented to tho
President to-day. Tbo customary speech
es were made. In accepting bis creden
tials, the President said: “In addition to
tbe ties arising from extensive commer
cial intercourse, and from a mutual in
terest, which in common binds tbe United
States to Germany, there is a firmer bond
between them, from tho circumstance
that many of our best citizens are natives
of j'our couutry.
Tbo Patriot publishes an authorized
report of
The incidence Taken by the Committee
furnished by Hon. P. Van Trump. Tbe
statement published in tho Star is pro
nounced untruo in many essentials and
facts perverted in others, with a view to
producing a false and partisan impres
sion. Tbe testimony shows that there
are four counties-in South Carolina, viz:
Laurens, Chester, York and Spartanburg,
where acts of violouce have been com
mitted on both sides. Tbe whites and
blacks aro nearly equally divided in pop
ulation, and the carpetbag rule, by wbicb
tbe negro is forcibly put over the white
man, has produced a bad and even
DOMESTIC NEWS,
%M Uintgerout Slate of Feeling.
The poor whites are mostly aggrieved
by an oppression which is intended to
make them) the inferior of the recent
slaves steeped in ignorance and vice.—
Everything has been done to aggravate
tbe laboring whites and to outrage the
social condition of their families. It is
in proof that tbo negroes disguised as Ku
Klux, committed many outrages. Tbo
testimony given by negroes was of the
lowest kind and utterly unworthy of be
lief. Many wero attracted l»y tho per
diem of two dollars per day. Tho state
ment concludes: “There is no political
feeling of any kind in tho unfortunate
disturbances which have occurred in these
few couuties of South Carolina. They
result from
Maladminltlrallon, Corruption, Robbery Car-
prt-bagltm,
and especially amoug tbe poor laboring
whites, from a wicked purpose on tbe
part of the authorities and Legislature to
assert black supremacy and degrade them
with negro rule. That is with them per
haps the real and most serious difficulty.
It is a question of race, which, as South
Carolina is now administered and sus
tained by Federal power, threatens tho
gravest consequences. Tbo white me
chanic and laborer, when bo finds tbe
worst crime protected and pardoned, tbe
law an engine of persecution, and po
litical power abused in order to oppress
him with negro domination, aud to out-
rngo bis wife and children, will resist, be
the sacrifice what it may; ho mav be un
educated and plain, but ho is still Ameri
cano, and proud of bis race.”
Jtlierellaneous Items.
The President appointed several post
masters at unimportant stations to-day.
Mr. Westcnberg, from the Kiug of tbo
Netherlands, was also presented to tho
President to-day.
Miss Thebe Carey, sister of Miss Al
ice Carey, is dead.
Tbe corporators of tho Vermont Uni
versity, at Burlington, have voted to ad
mit women.
•Iteltorologifal.
Office Chief of Signal Service, I
Washington, D. C. August 1. (
RECORD FOR TIIE FAST 24 HOURS.
Tbe barometer bos varied but littlo at
tbe Pacific aud ltocky Mountain stations
since Monday afternoon. It remains low
from Lako Huron to Mississippi and
westward. Rainy or threatening weather
has prevailed to-day on the coast of Texas
as well as from Missouri to Wisconsin.
Tho barometer lias risen from Pennsyl
vania northward and eastward. The
temperature has risen slightly iu tho in
terior, but elsewhere has not materially
changed, except a few isolated points.
Cloudy uml threatening weather is re
ported this afternoon from Key \Y cat
and from North Carolina to New Jersey,
us also iu northern Ohio. Rain has been
reported since Monday from Virginia to
Massachusetts, and local rains from
Michigan to Minnesota.
The low barometer will probably con
tinue in Iowa on Wednesday, and local
storms are probable as fur as to-day,
from Missouri northward; similar storms
of larger dimensions arc probably now
extending from Virginia aud Ohio north
eastward. No important general chang
es in weather is indicated for Wednes
day.
WEST VIRGINIA
mil tlrglmU.
White Solpbcb Sfbings, August 1.-
The elevsuth annual session of tho Amer
ican Dental Association commenced hero
to-dav, pursuant to adjournment, Dr. W.
H. Morgan, of Nashville, Tennessee, pro
siding. Forty-five members wore pres
ent and considerable accessions aro ex
pected by to-night's train.
Tho Association agreed to hold morn
iug and evening sessions. Without traus
actingany important business it adjourn
cd until 3 o’clock.
Later from the Ilentitlt.
Iu tbo morniDg session of tbo Dental
Association, Dr. Judd read a paper on
Dental Physiology, which was discussed
at length by Drs. Atkinson, Taft and
others. It went over to tho morning
sion of to morrow.
Tbo various standing committees were
then appointed.
At G o’clock tho Association adjourned
until 10 o’clock Wednesday morning.
Tbo Association will bo in session sov
eral days.
Among tbo arrivals at tbo Springs last
night were Ex-Secrotary of tbo Iuterior,
Jacob Thompson, and family.
NEW YORK.
The Weet field Illtatler to be InvetUgaledi
New York, August 1.—Commissioners
Belknap and Lowe have been busily
gaged all day in making preparations for
a thorough investigation of the causes
which led to tbo explosion of tbo boiler
of tbo Westfield. They aro determined
to make a full and searching inquiry,
and elicit such facts as will show whether
any negbgence or culpability existed.
For this purpose a number of witnesses
have been summoned to testify in tbe
case, and tbe probability is, tbe investi
gation will commence to-morrow boforo
tlic commissioners.
MASSACHUSETTS.
Heavy Storm aud /lest rustic* Fire.
Boston, August 1.—A terrific storm
passed over Haverhill to-day. Four
barns were struck by lightning, and ono
of them was burned, together with sever
al valuable horses.
Tiie Delta, wbicb 1ms just arrived at
this port, brings intelligence of a disas
trous fire wbicb recently occurred at
Poiut-a-Pitre, Guadoloupe. Nearly tbe
wbolo town was burned, and 30,000 peo
ple are thrown out without shelter. A
large amount of sugar, ready for ship
ping, was destroyed. This town was en
tirely destroyed by an earthquake in
1843, and was rebuilt entirely of wood.
The fire is supposed to have been the
work of an incendiary.
FOREIGN NEWS.
The Royal Paper—The Race.—The Chalet
London, August 1.—Tbo bill, allowing
Princo Arthur a pension of £15,000, hav
ing passed both bouses of Parliament,
bos received tbe Royal assent.
But one cholera case lias occurred at
Hull. Steps aro being taken to localize
tbo disease.
Marshal Bazaine is in London.
Mornington won tho Brighton stakes.
Stockwise was second and Girtrude
third.
Cholera has uppeared iu tbo Southern
part of France. Measures have been
taken to prevent its spreading if possi
ble.
Tbe Duke of Bucclencb is ill, and will
not bo able to preside at tbo centenary of
Sir Walter Scott.
NEW SOUTH WALES-
.ytlerellaneeue *Vricm From .Hong Way OR.
Sidney, July 1.—Tbo steamship Ade
laide, the first of the mail ships, lias left
for California, with full freight, including
wood.
A rich tin mino has been discovered.
Three of tbo crew of tlio ship Storm-
bird have been killed by tbo natives of
New Hebrides.
Several earthquakes have occurred
within a month.
Heavy shipments of coal have been
mado for California.
Fresh pearl shell beds have been discov
ered in Australia.
TELEGRAMS.
A full Cabinet is at tbo Capital.
President Grant has returned to Wash
ington.
Scboclzer, Minister of tbe German
Empire, bos presented bis credentials at
Washington.
Counterfeit $20 bills of the National
Bank of Washington are in circulation.
Dragging for the bodies of those who
wero killed by tho Westfield explosion
was resumed at daylight. Up to noon
there bad been no result.
R. B. McGee, tbo Memphis counter
feiter, scaled tbo walls of bis jail and es
caped.
Tbo elections iu tbo Roman States wero
apathetic. Two-tbirds of tho voters ab
stained. Tbo moderate candidates were
generally successful.
Tbo New York Sun soys tbo Spanish,
under Polanco, were completely defeated
by Qucsadaa few days after landing, with
a loss of 250 killed and 500 wounded.
Tbo Aldermen of London met at Guild
Hall and granted six mouths leave of ab
sence to Recorder Guerney to act as Com
missioner under ibo Washington Treaty.
The Assembly voted only on tbe im
posts, to which there was no opposition.
The tax on raw material, including cot
ton, has been postponed for future con
sideration.
Tbe steamer Manhattan arrived in New
York, aud reports having passed in three
fathoms of water the wreck of a schooner
with bows out of water and spars along
side, a very dangerous wreck, lying iu
the track of vessel* going down and up.
Tho society of tamers of New' York,
about two thousand atroug, sent a request
lost night to a committee of the Italian
Union, stating a wish to join the Italian
National procession, on the 25th instant
The request will be carefully considered
next Monday night
There is a growing uneasiness, says a
Loudon disprtcb, over the progress of
the cholera. It has not yet passed the
confines of Russia by tho regular route.
All possible precautions have been taken
to prevent its progress bv sea, although
some cases have appeared at Hull, wbicb
ia on tbe rente of immigration from
North Germany to America.
Sl/PKEMK COURT OECISIU* 'L
August 1st, 1871.
Lochrauc, C. J., absent.
Emanuel Murray vs. Tbo Htatc—Indict
ment for Arson—No. 3, South Western
Circuit.
McKAY, J.
Where, on a trial for arson for theburn
ing of a gin honso, there was proof that
the prisoner had confessed his guilt, say
ing that bo bad put lire to it at 1 o’clock
at night, and there wero no corrobora
ting circumstances to prove his guilt ex
cept that it was proven that the gin was
burnt at about that hour, and that tbe
defendant lived near.
Held, That, under section 3739 of the
Code, which provides that a confession
nlone, uncorroborated by other evidence,
will not justify a couvictiou. This OYi
deuce was insufficient to sustain a verdict
of gnilty.
Judgment reversed.
Vason & Davis, G. W. Worwick, for
plaintiffs in error; F. B. Hollies, Solicitor
General, pro. tem., for State.
Daniel Miller vs. Fetor L. Albritton—II
legality—No. 13, South Western Cir
cuit
MoKAY, J.
Where judgment was bad iu the Supe
rior Court, in Soptcmbcr, 18G8, on a
promisory noto, appearing to bo for valuo
received, and tbo affidavit of illegality
was filod in 1870, setting up that tho con
sideration of tbo noto wan tho biro of
slaves.
Held, That this ought to have been
pleaded on tbo trial, and tho illegality
was properly overruled.
Judgment confirmed.
J. L. Wimberly, S. H. Hawkins, for
plaintiffs; C. B. Wooten, for defendant.
Randall Duckworth vs. Joseph Duck
worth—Certiorari—No. C, South Wes
tern Circuit:
McKAY, J.
Where, on tbe trial of a possessory
warrant, tbo property was awarded by tbe
Magistrate to tbo plaintiff, on bis giving
tbo bond required by law; and some time
after tho judgment tbo Magistrate made
a written order, reciting that tbo plaintiff
bad failed to give tbo bond, and that tbe
defendant bad given tho bond, and that
the property should bo restored to him,
wbicb was accordingly done.
Held, That it was not competent for
tbo Magistrate, on bis being informed
that tho plaintiff had not had an oppor
tunity to give the bond, to direct tho
Sheriff to retake the property arid turn it
over to the plaintiff, on his giving tho
bond required, especially ns this direction
was bv parol and without notice to tbo
defendant.
Judgment reversed.
Hawkins & Guerry, for plaintiff.
J. A. Ausley, for defendant.
John Outlaw, vs. N. G. Christy.—Certio
rari, No. 8, S. W. Circuit.
McKAY, J.
Sections 3,981 and 3,982, of the Code,
requiring petition for certiorari to bo
verified by oatb.dand that a bond shall bo
given for 'future cost aud tho eventual
condemnation money, aro^not superqfded
by tho Constitution of 1868, requiring
certioraries to issue only on the sanction
of tho Judge.
Judgment affirmed.
Warwck, West, Vosou fc Davis for
plaintiff; C. B. Wooten, for defendant.
John Doe, ex dcm., F. K. Wright vs.
Richard Roe, casual ejector, and N. A.
Smith, tenant in possession.—Eject
ment. No. 21, S. W. Circuit.
McKAY, J.
Where A. made a deed to B. for a par
cel of land, which was recorded in tbe
proper office, but not within 12 months;
and after tbe recording, A. made a sub
sequent deed to C. f O. having no actual
notice of tho first deed, and O. went into
possession of tbo land and continued iu
possession more than seven years.
Held, that tbe record of tho deed to B.
is no such notice os makes tho deed to C.
fraudulent, so as to defeat the deed to C.
Judgment affirmed.
C. T. Goode, for plaintiff; W. A. Haw
kins, for defendant.
Wm. Sirrino, adm’r, &c., vs. S. W. R. R.
Co.—Suit on bond, mado in 1857.
Practice. No. 17, S. W. Circuit.
McKAY, J.
Where a suit was brought on tho bond
of a railroad official, dated in 1857; aud
it was alleged iu tho declaration that tbe
bond had been broken by failure of the
official to account for moneys received
before aud up to tho time of bis death,
which took placo in in 18G8; and on tho
calling of tho cose, tbo defendant moved
to dismiss the case, because an affidavit
was not filed as to tho payment of taxes.
Held, it dees not appear that tho debt
sued on was contracted or implied before
1st June, 18G5.
Second—Where a ease lias gono to
the jury and tbe evidence being fully
heard, aud a demurrer is then mado to
the declaration on the ground that tbo
cause of action is therein defectively set
forth.
Held, That the demurrer comes too
late. Under such circumstances the de
murrer must bo for a cause which would
be good in arrest of Judgment.
Judgment affirmed.
Hawkins & Burke. C. T. Goode, for
pl’ff; N. A. Smith, for def’t.
James W. Wilkinson.Ordinary of Lecco.,
vs. Clement A. Cheatham—Mandamus
—No. 4, S. W. Circuit.
WARNER, J.
This was an application fora mandamus
to compel the Ordinary of Lee county
to levy a tux upon the people of that
county, to compensate the holder of two
certificates for damage to town lots in the
town of Webster, in conseauence of tho
removal of the county site from tho town
of Webster to Starkville, in that county.
Tho court below awarded the mandamus
requiring the levying of the tax, to which
the Ordinary excepted.
Iu 185G, the General Assembly passed
an act to provido for the removal of the
county site from Webster to Stnrkvillo ;
and also to provide, iu said act, for the
appointment of threo commissioners, to
assess the damages sustained by the own
ers of town lots in Webster, and, as soon
convenient thereafter, to givo such
owners certificates of such assessment of
datuag* s for loss sustained in consequence
of such removal of the county site ; and
that said certificate, having an endorse
ment of the amount due, by a majority
of tl^) Justice's of the Inferior Court,
shall bo ptid by tho treasurer of *the
county, out of the removal fund of said
county, created by the act; and author
izing the Inferior Court of Lee county
to levy a tax not exceeding fifty per cent,
per annnm on the State tax, to constitute
a removal fund for the payment of said
certificate.
On tho 31st Dec’r, 18G9, Cheatham ob
tained a mandamus nisi from the judge
of tbe Superior Court, requiring tbo Or
dinary of Lee county to show cause why
!»o should not proceed to levy and have
collected a tax sufficient to pay two cer
tificates held by the petitioner, amount
ing to $526, besides interest due there
on. Tbe mandamus nisi was filed iu the
Clerk’s office 14tli Feb’y, 1870. On tbo
trial of tho case in tho Court below, tbe
petitioner exhibited in evidence two cer
tificates specifying on tbe faces thereof
tlio amounts duo for tbo damages sus
tained by tbo parties named therein in
consequence of tbo removal from tbe
town of Webster, under tbo act of the
General Assembly, which wero signed by
tho commissioners, and ou tho back of
each certificate tho names of throe Jus
tices of the Inferior Court wore endorsed
in their official capacity. One of the
certificates was issued to the petitioner
for damages dono to his property ; the
other was issued to Waters for damages
dono to his property, which latter certif
icate had been assigned aud transferred
by Waters to tbo petitioner.
Upon tho bearing of tbe case in tbe
Court below, tho mandamus nisi was
made absolute, and tbo Ordinary was or
dered to levy and collect a tax sufficient
to satisfy tbo petitioner’s demand.—
Whereupon tbe counsel for tbo Ordinary
excepted on various grounds os sot foitu
iu tho record.
Held, That the r.ct of tbo Genoral As
sembly authorizing tho tax to be levied
and collected, was a constitutional and
valid act.
Held, also, That mandamus was tbe
propor remedy for tho enforcement of
tho right accruing to tho petitioner un
der tho statute of tho State, which wad
not barred by the Statute of Limitations
nutil after tho expiration of twenty years
from the time of the assessment of dam
ages by tbo commissioners under the act.
Held, further, That tbo official signa
tures of a majority of the Justices of the
Inferior Court on tho back of tbe Com
missioner’s certificatos, without more, was
a sufficient endorsement by them of tho
amount duo as specified therein, accord
ing to the true intent aud meaning of the
act.
Held, also, That tho assignment and
transfer by Waters to petitioner vested
his right and title thereto iu his assignee,
and lie was entitled to bo paid theamount
duo thereon, os well as tho interest duo
on both certificates.
Judgment affirmed.
Lvon, do Graffenrcid & Irwin; George
W. Warwick, for plaintiff.
O. B. Wooten for defendant.
William H. Morgan, guardian, &c., vs.
James F. West and Phillips West, prin
cipals, and A. H. West, security—Bait
on Administrator’s Bond. No. 15,
Southwestern Circuit.
WARNER, J.
This was au action instituted on an ad
ministrator’s bond against tho principals
aud their securities, iu tho name of the
Ordinary, for tho use of tho plaintiffs.
The defendants demurred to tho declara
tion and tho Court sustained tho demur
rer on the ground that a suit on the bond
could not bo maintained thereon, until a
suit hud first been brought against tbe
administrators, judgment obtained
against them and a return of nulla boua.
The plaintiff's mado a motion to amend
their declaration, which was overruled by
the Court, to wbicb tbo plaintiffs excep
ted.
Held, That under tho 24G8th Section
of tho Code, a suit may bo brought on
the administrator’s bond without fir jt ob
taining a judgment against tbo adminis
trators for a devastavit committed by
by them and a return of nulla bona.
Hold, also, That tbo plaintiffs could
have amended their declaration so as to
require tbo defendants to account for the
estate of Walker which came into their
hands as his administrators, and for ho
much of the estate of the Jackson chil
dren, which came into their hands as the
administrators of Walker’s estate, if any;
hut only to that exteut.
Held, also, That tho defendants were
not liable on their bond for tho waste by
Walker, ns tho guardian of the Jackson
children, in bis lifetime, unless their
property was wasted by him, or some part
thereof camo into tho bauds of tho ad
ministrators as a part of Walker’s estate.
The administrator/ of Walker and their
security aro liable on their bond, to ac
count to plaintiffs for the amount of their
estato which camo into their bands as
part of Walker’s estato, if any, aud no
more. Tho liability of defendants on
their bond as the administrators of Walk
er aud the liability of Walker os tho guar
dian of the Jackson children, aro two dis
tinct causes of action which could not be
oined in a suit on tho administrators'
iond for an account as tho estato of
Walker which came into their hands us
administrators on bis estato. Tbo ad
ministrators of Walker aro liublo for any
debt duo by the intestate at the timo of
his death to tho extent of the assets of bis
estate which camo into their hands os bis
administrators iu a suit on their bond for
the waste thereof by them ns such admin
istrators.
Judgment reversed.
Hawkins A’ Burke, A. A. Smith for
plaintiffs.
C. T. Goodo and Fhil Cook for defen
dants.
F. N. Oliver vs. Shipley, Roam & Co.—
Practice, No. 10, ti. W. Circuit.
WARNER, J.
Tho plaintiffs’ attorney asked leave of
tho Court to take a judgment in an action
brought ou un open account against the
defendant, saying there was no plea
filed. The Court replied that bo could
tuko bis judgment at bis own risk; that
if there was a plea filed, judgment would
bo set aside. Whereupon a judgment
was assigned by the presiding Judge, tbo
defendant being in Court, inside of tbe
bur, when tho plaintiffs’ counsel was pre
paring to take tho judgment, and part of
tho timo in consultation, with him; and
tho next day tbo defendant, by bis coun
sel, made a motion to set tho judgment
aside on tho ground that ho bad filed a
ilea of payment in tho action, after tbo
j udgment had been signed, but did not
state wluui or how tbe puyincut bad been
made. The Court refused the motion to
set asido tho judgment, and tho defend
ant excepted.
Hold, That, under the statement of
facts disclosed by tho record, there was
no error in tho conrt below in refusing
the motion to set asido tho judgment.
Judgment affirmed.
Hawkins A Buiko aud N. A. Smith for
plaintiff; C. T. Goodo for defendants.
Martha F. Turner vs. Penelope Barfield—
Intruders Act. No. 7, S. W. Circuit.
WARNER, J.
When a warrant was sued out by plain
tiff to remove the defendant from her
land, m an in trader, tbe defendant filod
a counter affidavit, and on tbo trial of tbo
case in th©» Superior Court, plaintiff
proved that Ambrose Barfield purchased
tbe land in 1859, and took a bond for
title thereto, and built a house on it—
When Ambrose Barfield went to the war
in 1803, he gave John Barfield’s wife per
mission to ocenpy tbe house as long as
she pleased; but she did not occupy it,
and it remained unoccupied about a year,
when Rushing Barfield's wife wont into
possession of it by permission of Mrs.
John Barfield. The defendant being
without a home, Mrs. Rushing Barfield,
from sympathy, allowed her to come into
the house and occupy it with her, until
some time in 18G5, when Mrs. Rushing
Barfield moved out and loft tlio defend
ant remaining in it.
Tbo defendant introduced no evidonoe.
The jury found a verdict for tbe plaint
iff, and tbo court below granted a new
trial, to which tho plaintiff excepted.
Held, That tbe court below erred in
granting a now trial in this cose, on tbe
ground that there is no evidence in the
record, and that tbo defendant claimed
any legal right to tho possession of tbe
land.
Judgment reversed.
Hopkins A Guerry for plaintiff; W. B.
Guerry for defendant.
Seymour, Johnson & Co., vs. James
M. Cobb; practice, No. 18, S. W.
Circuit.
WARNER, J.
Suit was instituted by plaintiff against
tbo defendants on an account, alleging
that defendants were partners, and in tho
progress of tbe trial evidence was admittod
for and against tbo existence of tbe part
nership, without objection, and on the
arguing of the case before the jury, the
point was made that no plea baa boon
filed denying tbe partnership; whereupon
tbo court allowed tbo defendants, at that
stage of tbe case, to file bis plea, under
oath, donying tbe partnership. Tbe
counsel of plaintiff claimed continuance
of the case, on the gronnd of surprise,
which was overruled by the court. The
plaintiffs then offered to introduce wit
nesses, then in court, to deny tbo truth
of defendant’s plea, and to prove the ex
istence of the partnership, as alleged in
tho declaration, which tbe conrt refused
to allow them to do, whereupon the
plaintiffs excepted, and also excepted to
tbo admission in evidence of a written
agreement to submit certain matters in
controversy between tbe parties to arbi
tration.
Held, That tlio plaintiffs bad a legal
right to have requested tho court to
chargo tbo jury, that if tbo defend
ants were sued ns partners, tbe partner
ship need not bo proved unless denied
by the defendant on oath; when any
such plea, denying tbo paatnorsbip on
oath bad been filed, held that when the
court allowed that plea to be filed by tbe
defendant, it materially altered aud
changed tbo legal status of tbo caso bo
foro tbo court and jury, so far as tbe
defendant’s liability as a partner was con-
corned, and if tbo plaintifig wore not in
tbo discretion of the court, entitled to
a continuance, on the ground of surprise,
they certainly wore entitled to intro
duce evidence then in court, to contro
vert tho defendant’s pleas, which evi
dence was not necossary to bo introduced
to entitle the plaintiffs to recover,
against tho alleged partnership, until tbe
plea was allowed to bo filed by tbo
court.
Held Further, That tbe written agree
ment to submit certain matter then in
controversy between tho parties, without
more, was irrelevant and improperly ad
mitted as evidence to tho jury.
J ndgment reversed.
N. A. Bmith for plaintiff; O. T. Goode
for defendant
A Fast Type-Setter.
A well-authenticated instance of fust
typo-setting was recently related to us by
Mr. John F. Babcock, of tho New Bruns
wick (N. J.) Fred on i an. Whilst speak
ing of tbo late international mntoh, Mr.
Babcock stated that Mr. Robert Bonner,
of tbo Now York Ledger, bad performed
tlio greatest feat iu that line lie evor
hoard of ; that in tbe old American Re
publican oflico, in New York city, in the
year 1845 or 1846, bo sot 32,997 oms of
solid Minion reprint, 25 ems wide, in 24
consecntive hours, commencing at 12
o’clock noon of ono day, and working
through until 12 o’clock noon of tho fol
lowing day; that Mr. Bonner bod under
taken, for a wager, to set 33,000 ems in
tbe timo named, and came within three
ems of winning it, which so satisfied bis
opponents in the wager that it was cheer
fully surrendered to him. Mr. Babcock
himself was one cf the judges in this trial
aud therefore speaks from bis own per
sonal knowledge. Wo think 1,375 oms
an hour, for twenty-four hours in succes
sion, on solid matter, is pretty fast work;
what say the rushers?—Printer's Circu
lar.
WESTERN AND ATLANTIC RAILROAD.
QH and after this day, July 23, Schedule No. 11,
leaving Atlanta 2:43, r. it., will ran every day, Sun.
day Included. Falace Sleeping Car* attached. ONLY
ONE CHANGE TO NEW YOBS. Passengers leav
ing Atlanta 2:46, r. u., by this route, arrive In New
York at 4:34, p. u„ forty-nine hoars and forty-nine
minutes from Atlanta—over throe hours quicker than
any other route.
Schedule No. 4 will ran Sundays from Dalton, ar
riving at Atlanta 2:20, r. m.
Jy24.2w E. B. WALKER,
Master Transportation.
Georgia—Fulton County.
Tultom 8cmuon Court—April Terk, 1871.
Martha F. Utah)
vs, [ Libel for Divorce in said Court.
Qnonon A. Rtam. )
It appearing to the Conrt, by the return of the
Sheriff, that George A. Ityaa, the Defendant In the
abovo stated case, docs not reside in said eonnty ol
Fulton, and it also appearing that he dose not reside
in aaid State of Georgia, it Is, therefore, ordered by
the Court that service of said libel be made on said
George A. Byan, by publication of this order in any
public gazette In this State once a month for four
months, previous to the next term of this Court—
Granted by tho Court
J. M. Calhoun k Bon., Plaintiff ’e Attorney.
Junes- lam 4m
W. R. VENABLE, Clerk-
B. Z. DUTTON,
PRACTICAL
STENCIL CUTTER, DESIUNEU AND
ENUBAYER i
ICAMUr AOTUKBB OF
B rass alphabets, dry and
FLUID STENCIL INKS. Stencil Dies, Steel
Stamping Dies, Railroad and Hotel Cheeks, Marking
Brands, Ac., No. 61 Whitehall St, a few doors below
Hunter street
oenta. Including Ink, Ac.
8PECXAL NOTICE!
EXCURSION, 1USTUBN TICKETS.
GREAT REDUCTION.
mill Western and Atlantic Railroad and lta eon.
A nections offer great inducement# to persons do
siring to visit the many Sommer UosorU.
Atlanta to Lookout Mountain and return to 7
“ Catoosa Springs and return 8 7f
** Warm 8prlngs, N. O., and return. .2011
" Yellow Sulphur and rotnrn 28 2f
“ Mont’y White Salphnr and return.. 28 25
“ Alleghany Springs and return 28 26
" Ooyners White Sulphur and return..30 GC
" Greenbrier W. 8., and return 46 6.* 1
“ Beersbeba Springs and rstnrn 10 26
“ Montvale Springs aud return 171)
Ask for tickets via Western and Atlantic Railroad.
For information apply to B. W. WKENN,
JylOrlm General Paaaenger and Tlokat Agent,
Dutch Pete’s Restaurant,
Under James’ Bank,
J j AS BEEN RECENTLY FURNISHED WITH A
NO. X OOOK,
And all other modern applJaaoea;
»V MEALS SUPPLIED AT ALL HOURS.
«3. REGULAR BOARD $8 PER WEEK.
THE BE8T THE MARKET AFFORDS WILL
ALWAY8 BE FOUND AT HIS TABLES.
Auction & Commission.
generally that we have opened an auction
and oommisalon business
The Dugan Building, on Hill street,
where we will be pleased to serve those who mi)
services. We propose to sell any species
ty, deal right and make prompt returns of
Consignments solicited. Liberal advances
made on goods in store, to be told at auction. Reg
ular sale days, Wednesdays and Saturdays. Sales of
Beal Estate promptly attended to.
J. A. CHEllRY, Auctioneer.
McDOWELL A CO.
GRIFFIN, OA., May 10,1871. my20-3m.
/1L.AI MS COLLECTED. - Having
vy formed fhvorable connection with a responsi
ble Attorney at Washington, D. C., I will file and
ito all claims entrusted to my care against tbo
States, before the Southern Claims Commis
sion, or any Department of the Government Office
a Marietta, near Peachtree street, Atlanta, Ga.
D- P. HILL,
Jyll-lm Attorney at Law.
A T cro Xbucrtisements.
THE XV. k. eox'fuuniture
at auction.
T.I C. MAY80N.
AT THK
LIV13 AUCTION IIOU8E,
No. 'A DeGlve's Opera House,
W ILL SELL SATU HD AY MORNING. 5th August,
9 o’clock, tho entire stock of W. K. FOE’S
FURNITURE, consisting in part of: Elegant Walnut
Bureaux, Wash Ktauds, What-note, Seta with and
without marble. Lounges, Sofas, ladles' Sewing Ta
bles, flno largo cushion Rocking Chairs, Office chairs,
Extension Tables—and a variety of splendid furni
ture too numerous to mention. Come and get bar
gain". I. U. BARRETT,
aug2 2t Auctioneer.
To tho Citizens of Atlanta
and this Portion of Ga.
H AVING received many orders to bring to seve
ral iwrttes iu Atlanta servants from Sweden,
aud encouragements from others, I bavo made ar-
f.tve Information and Receive
Orders,
I sliall start for Sweden on lire 20th of this month
aud return abont tlio 6th of December next.
Respectfully, J. FOSS,
sug2 2t Formerly from Sweden,
FRANK QU1UDN» Aso*r.
rpHE FURNITURE HALE st SEAOO'S CORNER
-1 will be continued
FRIDAY8 and TUESDAYS
Until all ia sold, commencing at 9 o'clock forenoon
and 3 afternoon.
*5-Good accommodations for Ladies.-fet
FOUR OR FIVE THOUSAND DOLLARS worth
now ou sale, all of which will bo closed out without
rataR
UI.lJ
•sBpC
. Wal-
Con stating of
Walnut Marble-topped room seta; Plain Walni
sets, Wardrolws, Dunanx, elegant Centre-tabf
Bed-springs, Blankets, Linen Sheets, PUlow-elii
Cotton Sheets, Comforts, Counterpanes, Chairs. W
nut oak. leather bottom, Ac. 609 yards Carpeting,
large lot Crockery; genoral furnishing goods in great
This ta a part of tbo National Hotel fUrnlturo;
much of it Is as good as new. Ms). D. A. Cook will
wait on customer* who wish to purchase at private
sale. A.K. SKAGO,
Dealer in Roal Estate and Planters’ Tima Bonds,
Cor. Forsyth and Mitchell Streets, Atlanta.
«. R. MtOOMLS,
0 N TRACTOR FOR BBi
GEORGIA FEMALE COLLEGE.
LeRlriatlYC Charter Urantcd In 1849.
Her. Geo. Y. Brown, President.
rpiIK next Academic year boglns on
MONDAY, SEPTEMBER 18.
An Eclectic Class has been formed for tbe benefit
of those graduates who may desire still further to ,
Improve themselves, or to prepare for teaching.
New Patent Arion Square Grand Pianos are
used.
*V Expenses aro as moderate as In other almilar
lns titu lions.
For further particulars address tbe President.
Madison, July 29, 1871. Jy31-d2tawhw2m.
THE ATLANTA
Ice Manufacturing Co.
IS NOW READY TO SELL ICE
AT THEIR DEPOT,
At the Bridge on Broad Street,
Where all orders will be received and Tickets sold.
ICE SEJ1TT BIT HAIL
CONVENIENT POINTS.
TEHMIB OABB.
All orders should be addressed to
EPHRAIM TWEEDY,
UENttUL 8UPUUNTODKNT.
P. 8 —Otdm tot tl» idwi of lo. at iwUUncoa
lleapootflilly Holloltotl.
JT*-*.
QUICKKST ANli BUST ROUTK
to in
NORXXI EAHT AND WEST
Via XjOUlsrrlUe.
daily Express trains ran
!roa Nash villa to Louisville, making
rilHKEE
A through I _
close connections with Trains aud Boats for the
North East and West,
1STo Oliango of Oars
FROM LOUIHYlLUt TO
st.
»K®,
Aid New Twfc.
I. Lonls, Cincinnati, IndfauupoUn, Chic-
go, Cleveland, Pittabarc, Philadelphia
ONLY on
TO
Bat lima re, Wa*Um«Wn and Hasten.
Quicker time by thl
delions, than by any*