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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 died. We are resolved to see that The 8cm is faith fully and promptly delivered to every subscriber. IIOW TO REMIT MONEY. Wo will be responsible for the safe arrival of all money sent us by Registered Letter, by Express, or by Draft, but not otherwise. If money sent in an unregistered letter is lost, it must be tho loss of the person sending it. No paper will be sent from the office till it is paid for. and names will always bo erased when tho time paid for expires. » 49* Persons sendlug money by Express must pre pay charges. Make up Clubs. We shall niako The Sum lively, fresh and inter esting—containing mil tho latest nows. Wo shall All it with good reading matter, and shall have in each issue as much reading matter as any paper in Georgia, and wo shall soon enlarge and otherwise To Correspondents. Mr. Stojdjcns will remain in Crawfordville. Ilis connection with The Sun will not change his resi dence. All letters intended for him, cither on pri vate matters or connected with the Political De partment of this paper, should be addressed to him at Crawfordville, Georgia. All letters on business of any kind, connected with Tiie Sun, except its Political Department, should bo addressed to J. Houiy Smith, Manager, Atlanta, Ga. TELEGRAPH NEWS By the New York Associated Press, WASHINGTON. Terms of fedu/bsorlptlon. * DAILY s per Annum $7 00 Six Months 4 00 Three Months 2 00 One Month WEEKLY PER ANNUM : Twenty “ ... Fifty « ... Single Vopif 1 , 2 00 , 4 SO 14 00 Three Ten Twenty 2 25 ... 7 00 ...13 00 Fifty * •• “ “ 27 60 No subscriptions, to tho Weekly, received for i shorter period than six mouths. All subscriptions must be paid for in advance Tci'iiim of Ailvci tlslnu;. SQUARES, i WEEK 2 WEEKS 3 WEEKS 1 MONTH. $ 3 SO G 00 7 GO 9 00 11 00 12 00 14 00 1G 00 18 00 20 00 22 00 24 00 27 00 40 00 16 q0 18 00 20 00 22 00 24 00 27 00 30 00 32 00 35 00 38 00 as oo 12 60 16 00 20 00 22 00 20 00 28 oO 31 00 33 00 30 00 38 00 40 00 43 00 65 00 44 00 47 00 76 00 Advertisements under tho Special Notice head loaded) for less tiwo than ono week, will be charged centa per lino. No reduction will bo mode on the above rat** juarterlj\2|(unUannual i or > yijU^ Leaves Atlanta.. Leaves Atlanta 8:16 an Arrives at Chattanooga 4:25 p u FAST LIME TO NEW VOBK— OUTWARD. Leaves Atlanta 2:45pn Arrives at Dalton 7:53 p n HI'IDT PASSENGER TBAIM—INWARD. Leaves Chattanooga 6:20 p n 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*