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Apucrt 9D.
US' Nine Advertisements always found
on Fir* Pag• ; Local and Butinas Notices
on Fourth Pag. • . . .
CITY AFFAIRS.
T* ou City Babicriken.
Effi
TIIR STATE ROAD It Oil) UK IK
t*r« l.mtttai’} luvi «14;:itlon CftltiBHld
Tlie investigation of tlic cane of the
State vs. W. V. K. Millur, of bavanuul)
was resumed yesterday morning by the
proseoutiou introducing
JOHN FLYNN
who testified in substance os follows :
I am master mechanic on the Western
lie JMfcBood i *•"' Sfid the
inco Fub«*y let.. and prevDou.
Blodgett administration was so
employed for ten or twelve years. About
the time I succeeded Ur. Mnllins that a
steam pump and ten liarrels of oil had
been ordered which had never arrived.
Patiently awaiting their arrival I finally
wrote Mr. Millar in Savaunali, his
being thh only house engaged
Hie railroad supply business—making »»
»}»iry it reference to tho goods. I re-.
Mv4i answer j wrote again. A month
afterwards I received a note from Mr.
Millar, bat nothing was said in regard to
the Pomp. I addressed him another let
ter, id answer to wbifh he stated that the
pump would be shipped immediately,
> Th* Snr to bo delivered reg-
ularly
dally
IflU
the paper, so that it ean not bo pilfered,
nor damaged by rain, nor carried away
by wind, there will be no failure except
in the case at change
Have a box made, either of wood or
tia, which can be locked and exdude
rain, and attach it to t^ front gate or
the
•M
in it.
there
Carriers commonly leave papers on the
poqch or in the yard,
(juuntly stntm, mined fSy rain, or blown
away fay the wind.
on our principal buincm jfcnt'fcyfemhs it had been forwarded to
stroeta have the paper thrown down at
the front door, or dipped under it—
Thievish chaps have boon seen dogging
the steps ai the carriers and picking them
op, or hooking them oat from under the
doom with a wire, for the purpose of sell
ing them.
Lad Saturday night it wm raining and
OormmfembMUt
t papers where they would Keep dry—
rdoor knobs
k'them away.
from wEohce' TEST wind bl
make appertoree through their doors and
attach boxes inside, or they oan have
boxes made and attached to tho door or
the wall outside ; and all persons sleeping
in ofloes who wish papers delivered np
stairs, ootid pf)W s tin bax,witU nanjo op.
it at (he foot or the ouftiae stdpa—thus
having their papers certainly delivered,
and siring the boys the trouble of walk-
iog up stain.
The seat of such a box is trifling com-
I sued with tho satisfaction of always re
ceiving the paper in good condition.
Whs has F»»»a I« I'jC" » T
■See advertisement of a gold sleeve but
ton lost _____
rmUf Hans.
C'ohmelO. W. Adair offersone lor safe.
Head the notice.
Mims.—A vsloable pair for sale, by
2t A. K. Siaoo.
ltcligioua exercises will be held every
evening this week in the First Presbyte
rian church at 8 o'clock. Prayer moot
ing in the morning at 8.
A )K>liccman showed n* yesterday a very
neat gold breast-pin wliicli n negro lind
found on tho streets nml turned over to
him.
Mr. Salford, of tho Selina Times, was
in the city last evening, on his way
homo from a visit to Madison. Ho is
overflowing with good health.
OtoooU Base Boll Club is requested to
meet Friday evening for the purpose of
reorganisation. Master Boods White, at
Kastman’s College, can inform old mom-
l>ers when) the meeting will be held.
AtUsIlwl Mu taels.
The Uemberi of Up “ Young Monk
Mutu4 dub" a|e requested to attend |
special meeting to be held this, Wednes
day, evening, August 30th, st 8 o'clock,
p.uL, at their Hall over Kenny’s Ale Do-
jhiL By onlcr of the President.
Tnoa. D. Surra,
sugao-lt Secretary.
>U|do of good
Be is else
Mr.| X Mgi4liy,«fc)i» a o
1 mrgsfnt in steam engines,
prepared to famish enjines of any size
desired. Mr. Murphy is thoroughly
acquainted with machinery, and
furnish it on roaaonablo terms.
TsjrUr tM |d<
This flvowing ted popular Brag House
lias had to enlarge its borders to OAoorn
modato its extensive wholesale trade, and
will open out largely on the first of
October. Bead this card.
Thd Art yesterday Musing before
day, earn# near proving diaaatroua to the
bagnio of Mias Julia Thompson, on De
catur street. A considerable amount of
water was thrown around promiscuously
—wetting the dry goods of the estab
lish mant awfully.
Yesterday two polinaman were going
to arrest a man near the city limits, /or
firing off a gun. Before they got to tho
man.aoorj of partridges flaw up, whan
both paHnrrom pulled out their pistols
and (sad the satire coatents st the birds,
laths meantime, the fellow who first
shot got away, tad the otScers forgot
another point I received the Pump on
the 5th of May- It was worth 9375;
wee Mo. 5, not Na 7, st mentioned in
the bill. I received no section pipe nor
flanges. The pump came by the Macon
I have never seeeived the 10 bar
rels of lard oil. (Hero followed some
evidence on to the average use end price
of different articles sod commodities
oonsmned by the road.) The object of
tht custom of approving bills only after
the goods are received, is to prevent
laying out money tor goods not re
ceived. , ,,-ijr
('HOBS EXAMINATION.
(This examination, in substance, at first
amounted to the same as the direct, be-
ing a comparison of prices, of tho wit-
nose' knowledge of the correct prices of
goods with thoso mentioned in tho no
count.)
Q. What duqiositiou did you make of
the old pamp rejected by Mr. Mullins ?
A. It serves the same purpose it did
when Mullins took charge. TJie pump
was in good condition, although to one
unacquainted with it, it might opiwor im
perfect I am now using both pumps,
the new one being employed in another
department for another purpose.
DIRECT EXAMINATION,
(J. Did you receive No. 5 pump ?
A. Yes, sir.
Q, This is less vuluahle than No. 7,
which is tho oue called for by the ae-
oount, is it not ?
A. Yes. No. 5 is worth only 9375,
while No. 7 is worth 8475. The witness,
whose honest hue boro evidence of the
sincerity and accuracy of the testimony,
took his scat
Mil. FHY
was again introduced by the prosecution.
Direct examination.—Witness testified
that the accounts were mode out in hiH
office in January; that some of them he
hi nr to lie correct. He had no reason
for saying that any of them were incor
rect, although at the time ho might have
hail reason for suspecting that some of
them were incorrect. (Hero Solicitor on
the prosecution showed him some of the
accounts.) He stated that ho was famil
iar with tho bill-heads; they woro the old
style, .not often used after Jdly, hut had
been in the office. These hills were al
ways pasted in a book. I saw there some
of Millar's hills. It was possible that
letters oould be uuto-duted. (Hero the
witness was asked to examine some era-
snres in tho book kept for the Fuchnsing
Agent.) Two or three erasure have been
male here, I can't sav positively for
what it was done. Probably tho bills did
not correspond with the shipments,
can't say that there were «iy alterations
made in the amount*.
Ctfups Examination. —Here tint witness
desired to make au explanation, and
said : "Yesterday I slated no claim had
ever Ihh'ii submitted to the Bonrd and
afterward* withdrawn. I understood
'that question to have reference only to
Millar's claim
The witness then testified thsf Jtlillar
never mode any alterations in the claims,
nor suggested any,tin his kumvlcdgc. Ho
was instructed to rnako tho entries liy the
purchasing agent, (Witness then took
the hook and oxidainssl the extent of the
erasures.)
The proseoutiou thou introduced as
witness, Mr. E. H. Knight, who testified
as follows:
I live in the city; am employed by tho
Maoon and Western Railroad. I re
ceived from Major Hillyer, a memorsn
dam which he has requested me to ex
amine. I find it to be a list of goods
purporting to have been shipped over
tho Maoon rood from Savannah.
[Objected to by the defence at or jxtrte
evidence, that the book* containing the
noorda of the shipments were the bighcat
evidence. The Court stated that the
fact oa to whether or not such entry had
keen made oould be eatabhahed by oral
evidence.j The witneas continued: The
range of my examination wai from 10th
September to the 91st December. I found
no record of tho goods eaumoratod in
this bilk
*“• dUam . as the direct; the witness
InfermoHna hos keen n
Mr. J. V. Selkirk, /Superintendent „j tHe
Freight Lisst via ChcodetXm, that there
will be no ISteSa* taut tour ;« froigfr*
from New York, Beaton, Pliilflrilifiia or
any delay in this mate*.
b. A. Wmi
1
(
<
■uOMla^. ' '
A zoeetiag of tfaamombsm al tho bm
will bo bold toAgpot 10 o'clock, at Urn
•JowrtHiisoi, to suing' and datermlns
*• order of botinim tor the ensuing
Q*‘ob» term of tho Hu peril* Court.
u—(Tliii oxsmiiia-
>o in substance
only adiltnl in
response to tho enquiry by the defense,
that he luul pot etamuuxl the books of
the Georgia Bo*L)
clerk of tho Kimball House, van then
brought on the stand by the prosecution,
ft* stated that Hr. Miliar ooiuo to Atlanta
tpoin Saranuth on the 23rd of January,
Ad remained about nix days.
r After a dots examination of uo imi>or-
» by the tWeudea he was (baai^pfl.
invoices he that he had reoeived
no goods consigned to tho Western and
Atlantic Bail Bead from Savannah since
the 10th September. Had received pro
bably not more than half dosen ship
ment* from that point in twelve mouths.
ITho prosecution then enumerated the
articles in Millar’s claims, none of which,
lit testified, hod been received at the
Georgia Kailrood Depot]
Cross Examination.— Q. These arc
tlic only books containing bills of sliij
mints ?
A. Yes, sir.
After testifying for the prosecution that
it was inijHissibic for shipments to reach
Atlanta from Biivonnuli by any other tlmn
tlie Georgia and the Macon roads, the
a itm-Ks retired.
THE fcEFENS*
tin u (nullified ns thcirflrst witnesses,
Colonel A. L. Harris, Judge New
man, and Mr. W. 1). Wrenn. CoL
Harris took the stand and testified : I have
known Mr. Millar for five or six years.
He has Ikm*ii engaged in thiRailway sup
ply business. Jlis character is good- has
never been accused of any crime.
I held tlie position of Master of Trans
portation and Supervisor on the Western
and Atlantic Railroad from the 1st of Jan
uary, 1870, to March, 1871. None other
tlum Mr. Blodgett hod authority to make
purabascH. All shipment* were intended
to be marked to tho head of each depart
ment, but this was not always observed.
I saw Millar when he presented this
claim. He had no conference with me.
(The accounts were then placed in the
hands of the witness.) These are my in
itials. I can sw<;ar that all the goods
were received. All these articles were
necessary in the Supervisor's department
These are very “good” prices for the
goods. The custom of the officers was
to certify that the accounts were correct
~ “ ' f prosecution.—
Witness stated Hint lie luul received the
goods in January, after the Road whh in
the lessees' hands; did not know where
they came from. Ho approved hills on the
authority of other's statements, not on
his personal knowledge.
(Question—By the Court. When was
the inventory taken?)
A. In January.
I approved the claims while Millar was
here, and, I think, before it went before
the Bouni. I don’t know, of my own
knowledge, that Millar ever sent any
goods. I think the supplies could be ob
tained cheaper at the manufacturers*.
The witness then gave the current pri
ces of the materials here—all under the
estimates in the bill.
All the prices were high; there was ur
gent need of the goods in tho last bill
The articles embraced in the claimH were
usually purchased here, but sometimes
abroad. He hud never approved any
hills similar to these unless they were
presented hy dealers in the city.
Diukt Examination was a reiteration
of tlie evidence that the goods were re
ceived and approved according to the es
tablished custom.
Mlt. NEWMAN
was then introduced by the defense. He
certified to having received 25 barrels of
oil—inferior article. Also, hotl received
three casks of copper and some tin.
Cross Examination.—Q. Do yon know
of any bill from Mr. Onno of $8,000 for
oil V
A. No, sir ; I kept no memoranda of
goods received. I never weighed con
signments to tho road. I am the only
one that receipts for car grease, and if
Mr. Orme’s bill of $8,000 luul conlf I
would have known it. Wo usually bought
from 5 to 10 barrels at once.
Mil. D. W. W1UENN
was then introduced by the defense. I
was general passenger and ticket agent
under Blodgett’s administration, and
retain the position yet. I know Mr.
Millar only slightly. The conductor’s
punches referred to in the claims I re
ived and certified to. Witneas took
hi.s seat
mh. e. p. DLODoirrr
was then qualified by tlie defense.
He testified.—I was purchasing agent
for tils Road from 10th January, 1870, to
tho tinm of the lease. Mr. Millar uud
hi* house were recommended to me by
end of my friends. I commenced
contracting with him. I found him an
honest dealer. In one instance his bill
were Jiuaceuratc, demanding $4 more
tli^i tlic goods were worth at tiro estab
lished prices. This mistake was reme
died in tlie uext requisition.
[Tlie witness hero identified liis letters
containing orders for the goods. A tele
gram puriKirting to urge a sj>eedy fulfill
ment of the order was oroduaed. Object
ed hy the prosecution that it was not the
original writing of Mr. B., and therefore,
inadmissible. Sustained by tho Court.]
My mail was carried to the |>ost office
by colored boy— I received my mail my
self.
[Witness here certified that tlie ac
counts were genuine, and recognized his
own hand writing in approval. ]
I suggested to Millar that he should
bring the orders with him as evidence
when he came to collect his claim. Then'
was no secrecy on my yprt in making out
these bills, I made no alterations in the
records of the accounts. J contracted for
the goods because I thought it IUQW pco-
noimcal to pay freight from Savannah
than from New York.
Cross Examination.—Only two of these
accounts were disputed, l saw Millar
make out some of them. I will not say
that there j* any difference in tho appear
ance of the ink iqs) in writing the vari
ous orders. I am tyot yn •xpart.
Q. You wrote and mailed all these lot
tors in Atlanta ? A. Yes, sir.
Q. Did you trnvel with Mr. Millar any
last year V A. No, sir.
Q.* Did von meet him at any resort or
watering place outside of Atlanta?
A. Not that I remember.
Q. Do you kuuw, °* >’ our own knowl
edge, and is it your testimony in the case,
that you wrote to Miliaria September for
twenty-five barrels of car grease, that it
was received, ami thajt .this was the bill?
A. Yes, sir; but th*> oil proved to lie
an inferior article. I complained, paid
his bill (at 8 cents) but never ordered
any more from him. Orme’s ear grease
(at 5 cents) was very good. I have seen
no copies of these bills except the trau
script in Mr. Fry! book.
Witneas then proceeded to explain
TUB K1U8UHK8
on Fry’s Book. Mr. Fry, in September
last, had Icavo of absence to visit his re
lations North. Jn his absence I made
some entries myself. Some of the bills
were missent or'mialaid, and after his re
turn Mr. Fry made the proper coryec-
ttons.
J . Pid Mr. Millar pay auy one to
ize those accounts. A. No air,
Q. Did any oue roepiyo any commiss
ion on these claims at all ? 4* (aftnr a
long pause.) Not that I knoijr of.
Q. Did any oue get any money in re
lation to these accounts in any way ?
* M . .. •“ ledge, Q. Did
was against law and the ruling of the | It. C*. I'larke, was introduced undti ti-
Court. Sustainedby the Court j j tied as to the various prices of wheell»ar-
The witiiea* contmiel-I fouu.l an en- l> ic k«. AovelJ), ln.i'8, c..i>jK)r aiid
• * • other nuch articles as wc iv enumcanted in
Millar’s cbvims.
His testimony showed that the prices
charged by Millar were exorbitant in
comparison with the current prices for
similar articles here.
Cuosh-Examinbd—He testified that he
sold goods to the State Road, to both E.
F. Blodgett and CoL Foster Blodgett —
not in very large quantities.
Adjourned till this morning ut 8)
o’clock.
A. Not in my knowl . -
any one get any part of the ff/,400 us
commisHioPt os comjH'nsation for assis
tance or any other consideration ? A.
No sir. Except, perfian*. Mr. James, tlie
banker who disouuntuu tho warrant for
the money. Neither did he loau or de
posit any *af it, that I know ot
col. habhis
was again Called to the stand by the de
fense. He Ratified that amen ho was last
ou the stand he hail imyeeted the books
of the Maoon Rood, ana had found the ^ , .
srtlolus emw^ntoJ in tbs IsM bm re- Dumber, thro* bstos of waste.
eonled oa raoau;wl'at ^le Jtaou A West
ern Railroad Depot on Uto 91st ot fio-
eember.
(Prosecution objected, that the oral
■tetomont of what the books contained
tranec on tlie boo^ in reference to sliip-
mnut.i (■ 'in Samfenb. The (food* were
shipix'd liy the Mtcon road.
iin. w. h m'fahland,
of Harauuah, qnalilled by de/cnae—Ho
testified that ho lull known the prisoner
from bis cliildhood; bis character was
good. He had bora engaged in railroad
and steamboat sunily business. He bail
commenced in 1801 or 1807 with a small
business, which bad cousidcrnbly in
creased.
Cnoss Examination.—Witness stated
that prisoner was ao relation, He knew
nothing derogatory to his character. He
hud heard him opilken of in complimen-
ta*y terms and otherwise. In reply to
to the question what was implied in tlie
word “otherwise," he sta(ed that on the
occasion of a fire in the city some impu
tations hail been mode, the nature of
which he did not explain.
COL. POSTER I1LODOETT
was qualified by the defense nnd placed
oil the stand. He had known the prisoner
seven or eight yarn. Had oftim seen
him with respectable peoplt, such os Gen.
Jackson, of Havuisiah. Had never heard
him spoken of either in one way or an
other hy them, but was treated eortliully.
UR. MILLAR.
the prisoners fatli r wus then introdnceil
by the defense. Ho testified that he was
in his 55th year; he lived in Savannah
since 1840, and was master cor builder
for tlie Central Bailrood. I came here
at the instuncc of my son. He certified
that his son did Imsiness on tlie streets
mentioned in the bill heads, had been
engaged in business since April, 1807, but
hud now sold out.
Cross Examination. Q. When did
your son move his business house ? A.
I do not know any more about bis busi
ness than yon do ; I only know that lie
moved by the evidence of those bill
heads. Q. Has ho been in tbis business
this year? A. I dent know. Q. If your
son bad moved would you have known
it ? A. Yea sir. Q. Would yon have
kuown when? A. I would not.
Q. Wore you in his store lost fall ? A.
Perhaps I was; I don't know. I don’t
know anything about it; I don't know
unything from memory; I keep memo
randa of all I do and say; I did rot
couic here with the expectation of being
culled upon to testify; if I bad my mem
oranda, I could tell you everything I
ever said or did.
Q. When did your aon movo to White
Bluff? A. I don't know ex
actly; I tell you I don’t know
anything about it; if the object of
the educations asked be to ascertain tlie
genuineness of these bill heads, I tell you
they arc all right.
[ Here the Court interposed and>polite-
ly requested the witness to answer to the
l>est of his knowledge and belief.]
If. Is your Bon now engaged in the
Railroad supply business ? No, ho has
sold ont.
Q, Is he a man of family ? A. Yes,
sir, he lias a wife.
Q. When wus he married ? A. Lust
April.
During the examination of this witness
he manifested some feeling, with violent
gesticulations, and much impatience at
Isiing catechised, He seemed to be very
loath to testify against Ins son—a very
natural weakness—perhaps to be excused
to some extent, hut his conduct wits re
markable, and caused considerable mirth
in the audience.
Tlie prisoner was hero introduced by
the defense and asked to make his state
ment before tho Court, which was per
mitted. He was not sworn. Ho first
made an explanation concerning the loca
tion of his business, which is unimportant,
anil then proceeded.
I closed out my other business to form
a copartnership'with another party to
build a railroad from Savannah to White
Ulnff, where I had property. As to these
claims, tho goods enumerated in them
have all keen delivered. Some of the
bills stood sometime. I repeatedly ap
plied by letter to Mr. Blodgett for settle
ment; 1 was neoding money. I learned
that tho claims bad to be audited by tbe
Board appointed by tbe Legislature,
came up and upplh'4 personally to E. F.
Blodgett, He said some of my bills he
bod never received. J then mode ont
thoso lacking, two in number, and Mr.
Blodgett took thorn in charge to have
them audited. Tbe oflioe was always
filled. I was nover oonfined privately to
my own room,
I visited the office onoe or twioe every
ilny to moke inquiries about my olninis.
Business soon made it neoeauary that I
should go home. I went to Maj. Hilly
ami asked if it would be proper for the
Hoard to act upon my claims immediate
ly. He told mo kindly Hint they would
lie attended to at tho earliest possible mo
ment.
While here I visited Gov. Bullock so
cially. and obtained from him a letter of
introduction to Hon. Benjamin Conley, a
nu nilai' tip' Board. I desired to see
him, to impress nji«w bjm the urgency of
an early aelion on my claim*., f lignin
visited tho Board. They gave the hills
and asked me to go to Col. A. L. Harris
and ascertain if these things were inclu
ded in the inventory. After waiting some
time, Col. H. at last came. Tlie Board
finally audited it I telegraphed to my
hanker in Savannah to meet any claims
against me; I would protect them on qiy
return.
After I had secured the warrant, I re
paired forthwith to the Treasury. Mr.
Angier said thero was no money in tho
'Treasury. I did not know what to do
without it; my claims in Savaunali were
pressing. I learned that Mr. James and
that elhpr gentleman across tbe street
[probably alluding to the bonse of Hoyt
and Joues,] bad been discounting these
warrants. I applied first to the gen
tleman on Alabama street. Ho said be
would not discount it l next applied to
Mr. James. I did not feel that { could
accept bis offer. J learned that others
had neon discounting these warrant*—
went out to hunt them—failed to find
them, and I finally aooeptod Mr, James’
offer; took my money in a carpet sock
and returned home. This is all that
I know until I encountered the
warrant for my arTeat
When arrested, very pressing business
demanded my presence at home. I sake d
the pcivilsge' of giving bail in Savannah.
The ofilosta telegraphed your Honormy
request. It was refused and I was has
tened to Atlanta. The two ofljoe rs kindly
allowed me to go to tbe hotel. Hires
that tiTip 1 b*ve regularly attending this
examination, aud atu now aayioutly
•waiting the privaligp ot giving boil tor
my nppuranen at oourt, as f dislike the
idea or going to the Calaboose (smiling.)
The Prosecution hare introduced Mr.
Horace P. Clark who testified that he
was local agent at the Moron and Western
Railroad, Here the w itness examined
(ha books ot his agency and found no
record of the goods enumerated in
Decisions of the Snin euic Court,
Annum 29, nm.
CoIuitiliUfi Iron Work* vn. G. Attuchbacker, ut al.—
Relief Act < f 1870. m affecting «uiU aouuding iu
LOCmuNE. 0. J.
Where a mutlom waa made to aet off loaac-a which
originated during the war agaiuat judgment, under
the act erf October 18th. U7o. and the Judge at
tained a demurrer tu such motion and diatulaaad it ou
the ground that the Judgment being for nuan iirorttn,
arising out of a suit of ejectment, waa not within the
provision* of said act.
Held that such judgment by the Court waa not
J udgment affirmed.
LOG'UIIANE, C. J.
elate that the judgment waa founded on a debt con
tracted, or cause of action made or implied before
the Drat of June. 1ML9, and upon a denim rer thereto,
the Court sustain*u the demurrer aud dismissed the
motion.
Hold that tho judgment of tho Court bolow was not
orror uuder the law and facts of this case.
Judgment affirmed. •
Caroline M. Kelly, by her next friend, A. if. K« iJy,
vs K. li. late— Retmtal to grant au injunction.
LOCHHANE, C. J.
Where the bill shows that tho Act of the legisla
ture, changing the county lines, hand placed the
land iu controversy within a different county from
that iu which the suit was originally commenced;
and ilit* j'ulKiueut obtained thereon iu Much county
about beiug euiorced by the eviction of the parties
l the Court below re-
Ueld that this was error. The Act changing tho
county lines deprived the Court trying tlie cause of
any Jurisdiction iu the promises; aud the processes
of tbe Court uuder it ought not to have been un
forced.
Judgment reversed.
D. 8. Hooker v«. L. U. Worrill—Joint contracts, pica
in abatement.
LOCHHANE, C. J.
Where suit was instituted 111*011 a joint note aud
one ot the defendants only was served, aud on the
the trial, upon objection boiug made, plaintiff* s
counsel discontinued the suit as to the defendant not
served; upon wL'. h the defendant then pleaded the
facta iu abatement; to which plea tlie plaintiff filed
Held that uuder section 3274 of the Code it waa
error iu tho Court to sustain tho demurrer. This
plea distinctly set up the fact that the note was a
joint note; that the joint contractor, not served,
lived iu tho jurisdiction of this Court aud in the
county where the suit mow pending; and as to the
of tho plea we may only say that all were tech
nicalities; no pleadings have bet a brushed sway by
tlie sweep of enlightened progress in the sdminis-
sion of justice.
Judgment reversed.
E V. Klugman vs. A. Qammell—Continuance.
LOCHHANE, C. J.
*rror in the Court below to refuse a contiuu-
id to force psrties to a trial, upon an admia-
(ration in these words, “Wo admit and do not contest
the fact that the witness, Fowler, would, if presout,
testify to the facts stated in the above affidavit.'
uot sufficient to admit and not contest the fact that
the witnesses, if present, would swear to the facts,
but the party must go further and admit the facts to
be true, aud not contest their truth.
Judgment reversed.
Jackson M. Gill vs. Mary Mizell et al.—Homestead.
LOCHHANE, *
Two parties named, respectively, Mizell and Proc
tor, entered into a partnership agreement to form
and at tho end of the year Mizell fell iu Proctor'
debt, to extinguish which he makes sale to him of
two mules aud some stock, and the parties agree to
go on iu tho year lHCd on the same terms as before.
At the close of the year 1808 Mixell applied to
Ordinary to have certain property as personalty
emptiou, aud in his schedule included the two mules
ami stock—the pro[»erty sold to Proctor a few days
subsequent to the application. Doth parties sub
mitted all the sccouuts aud controversies betw
them to arbitrators, who awarded the amount of
$780 due Proctor from Mizell. and found the sale
valid, but directed that if Mizell paid t.ce money he
was to lmvo the mules and Htock back. Aud uuder
such award, Gill, acting by way of receiver, sold the
property; aud Mrs. Mizell aud her children brought
suit against him for the money; and upon the trial
the view entertained by the Court was that this
sward crested only a lien upon the property of Ml
zell, and that such lieu waH displaced by the right
of tbe family under the exemption law to hsv
homestead therein; and under his charge to that
effect, the jury found for the pl*intiJT.
Held, uuder tho facts of this case, the award of
tho arbitrators was bimliug aud conclusive upon all
the parties thereto, aud the wife aud childrcu list j uo
right in the property, found under ‘ *
longing to Proctor, without first c<
award and paying tho amount due.
Held agaiu, that the sale of tho cotton under such
sward did not render the party selling a trespasser
or liable to an action as such; and iuaamuch as tlie
cotton waa raffiad iu a copartnership, and was
sold and the money paid over to tlic extinguishment
of partnership debts, tho judgment of tb» Ordinary
did uot hy such exemption change it> legal status or
vest any right thereto, except in compliance with the
award.
Judgmout reversed.
Henry McCauley, va. J. J. Moses--Equitable De
fenses at law*
LOCHHANE, C. J.
Whereupon, a suit brought'upon a note given for the
purchaae iponey of land, the diifendaul
purchase from the nlaintiff, and a man named Ad
aiqs, wjio bfd jointly sold the land aud given bond
fof {(ties, and fur further pica that aaid parties had
uo till* h* the l*n4. and ths inability of the parties
to perform the ponjraot, and tp this plea a demurrer
W That inasmuch as this wm » pontract for
the purchase of land, of which ths party defendant
waa in possession, while we may uousider his plea
1 -a".— “ - bill filed in equity, yet
money. Where parties make contract for land aud
take bonds for title, and arc in possession when
for the purchase money, it requires a strong
something showing fraud* or Insolvency, or uonres-
idonce, or something of this sort, iu the contract,
that would render it iuoquitabio to enforce it, to
Judgment affirmed
Kent k Co., vs. L. T. Downlug, Assignee—Bankrupt
act—attachments.
McKAY, J.
When there was an attachment pending in the
SupeVioV {jbuJVOT ifi:“c »goe county against A., who
was declared a bankrupt, and an Ahsigi*^e appointed
uuder the laws of tho United States.
Hold, That the Asstguec may t>c made a party
the attachment, and that it waa proper ou his 1
tion, for the Court to declare the attachment dis
solved hy the bankruptcy.
Held, further, Pending such motion, the plaintiff
may amend his attachment and boud as in othor
cases. When an attachment waa Issued
1870. %nd by made returnable to t
Term. 1871, instead of td the Noy. Term, 1870,
to the Court, the ettachifieut aud bond 'may be
amended.
Judgment reversed.
Lucy If. Thompson, vs. R. J. Moses, et al.—Bank
rupt act as affecting dower.
McKAX. J.
When one files his petition to bo declared bauk-
U- with Uic first In the profits sud losses, but use ! defaulting Tax Collector, showed for caus- that the
re< elve one-half of the net piohts for hie k. rviccs, I defmdaiit had no property on which to levy the t.
ii Lad only a c«>mmou mU rest iu the profit-- fa.; and the HUtu tra>ci*cd tho return, aud allowed
Held. Under the tosUmoiiy of the first a itr.es> , that the d* fondant was in poseoasisn of a tract of
iere was a partnership; as to third witnesses, under land set apart as a homestead,
ic fads stated by the aec-md witneas, there was no | Held, that there was no error in the Court in re>
I fusing tu make the rule sbsolute, as the Sheriff ap
peared tu have acted in good faith; aud the property
was real eetate and conk! be levlod on at any time.
duty of the Court to have directed the
rapt, and two day* thereafter a tract of laud be-
louging to him waa sold by the Sheriff.
Ik. rrotu a wwurtof this State, against the petitioner,
which had been previously levied upon the land, and
l*» OhfSUdSBt iff - - * -**'■■■* *
bankrupt, but
eofteftnlcd ;
Held, That tho sale by the Sheriff was s g<
sals, sad title ot jhe bankrupt; that
title to the property over >u*ted in 4aaigu« o ( and
the purchaser got a good \itle, oyeu against t* -
wife's righl of dowpr under the laws gf the state.
J udgment affirmed.
WiUism L- Stsplsr, ts, J. f. Home— Blank cu-
MAT, J.
Uuder section 37M, of the Code, blank endorse
ments of negotiable paper may always be explained
between the parties themselves, or thoso taking with
notico of dishonor, or tho actual facts of such in
dorsements; and where oue endorsed s note payable
to his order, with the distinct agreement that be did
per with fun notice of the frets:
Millars iilaima. Upon * ro-eapusiretipp of
Sm book* lie found an invoice of g
shipment on the 31st, Deoembor from
W. D. R. Millar of Savannah, of package*
of hoee and shovel*, and for the 3fith
Here hi* testimony vae suspended till
this morning, to allow him to make fur
ther search in the books of his agency.
Here Mr. T. M. Clarke, hardware mer
chant of this city, of the firm of T. M. X
Judgment reversed-
B. F. Moore, Guardian, eke., y». Jackson M. Gill,
Administrator - Hill of Review from Marion!
MrKAY. J!
Where, on a bij] filed by an executor, for direction
and for Urn distribution of the wumts. to which the
istra. legatees and tepstufc
former decree distrlbuili
iow'fr
rpvlew
Sfelaffd iu - _
oording _
If they were entitled to such % hotneetsed ml
date of the decree, they ahould have set it up, and
if they were not. any subsequent law will nut, with
out exprem words, be held to authorise the decree
$0 be assigned ao §a to let In the claim.
Judgtpsuj A&m«d,
Jjtnkcy k Shorter yt- The Coiuffjbus Iran Works
Oompffoy—^roof of Partnership
McKAY, J. 1
Where. Upon the trial at as isatm of partnership or
ffO partnership, oue of the witness.« swore that ths
capital stock of a saw mill was furnished by one of
fits parties, sad the hands to run it by the other,
who waa also to superintend the work; and the prof
its were to be divided equally between the two; and
only a common Interest in the piofiU. and it
error iu the Court to n fas® so lo charge the
,u & queation of itartuership. or no partnership,
a fact, aud the witness may so state it, and tho
.-t ib-mcut may then bo explained by the witness.
The objection to Interrogations tha*. they are lead
ing must be made when th*y are presented to
crossed.
Judgment reversed.
Mary U. Dillard va. The Manhattan I Hu Iosurati
Company—Payment of ptemiuius.
y.'-Mw, j.
v\ Jioru a wifr insured the life of her hutbaud
1*53 with a New York insurance company, and paid
the anuual premiums promptly, until 188‘a. and thru
failed to pay tin- same until 18G5, when the husbaud
died; after which, and alter tho dose of the war,
she tendered the unpaid premium, and demanded
the sum insured, alleging that shu was prevented by
the war aud the act ot Cougress, from paying the
premiums as they fell due anuualiv:
Held, that the contract of the roiupauy for auy
future risk was dspoudeut upon the payment flrtt
of the premiums; aud if any failure to nuy them tor
whatever reason, could not be remedied, by the
tender of the premiums, offer the death of the iu-
Judgment affirmed.
Msruett It Co., vs. Blackman k Dandkr— Statute of
fraiuls-
W 4 UN EH, J.
lilts was su action brought by the plaintiffs
against the defendants aa lartuer*. using the firm
name of the Marmtt line of steamers, to recover for
•erucos alleged to Ihj due them under a parol con
tract. Tho defendants pleaded that tho alleged cou-
tract w as uot to be perforniod within ouo year from
the making tboreuf. On the trial of the c so
several exceptions wi‘ro taken by tho de-
fendants to the rulings of the Court, ffs
set forth iu the record. They also excepted
to the charge of the Court to the Jury. That part
of tho charge complained of, is in the lpllowiug
words: “if the plaintiffs on the first of October,
entered on tho performance of Maid Contract, and
valid contract, aud entitle the plaintiffs
to recover."
Il«ld, That this charge of the Coart was arror hi
view of the facts contained in the record. The Court
should have charged the Jury that, if there had
beau such a past performance of the contract, on
the part of the plaintiffs as would render it a fraud
on them by tho refusal of the defendants to comply
with the contract ou their part, that would render
it a valid contract, and entitlo the plaintiffs to re-
Martha V. McCann, et al., vs Thompson C. Brown-
Partition of lands.
WAH NEB, J.
Tliis was an application to the Superior Court for
coaid not bo equally
agreeably io law, aud recommended a sals of the
laud for division. To which report of the parti-
tiouers, the defendants filed objections in writing,
alleging that said laud could be equitably divided
haring any evidence iu regard to that question, or-
' -red a sale of tbe land, on the report of the parti-
ouers, to which the defendant excepted.
Held, That it was the legal right of the defendant
canratthe return of the partitiouers, and that tho
been made by metes aud bounds; and if from that
evidence, offered by the parties iu interest, it shuuld
be proven to the satisfaction of tbe Court, that afalr
aud equitable divisiou of the land by metes and
hounds could not be made, then order the bale of
U- L. Mott va. John L. MusLau—Amendments.
WARNER, J-
It appears from the record, that a bill was filed on
the 31st of December, 180‘J, aud the process attached
thereto, required the defendant to appear on the
4th Monday of October, 1870, and was served on the
defendant on the 27th of April, 1870. The com
plainant moved to amend said process, so as to
nuke it returnable to the May term of the Court
1870, sud have an alias subpn-na issued returnable
to said term, which motion the Court allowed, and
refused to dismiss tho bill, whereupon the defend
ant excepted.
Held, that under the liberal provisions of the
Code, as to tho amendments of pleadings and pro-
ceases there was no error in tho Court, in allowing
an amendment of the processes, and this Court will
uot interfere In the exercise of its discretion, in
doiug so in this case, and iu refusing to dismiss the
Edward 8. How laud, vs. W. A Ransom A Co.—Appli-
bhoriff, by order, to levy on tho property iso. _ HP
suhjvot to execution issued by tho Comptroller Ger-
oral, agates! a defaulting Tax Collector.
LodUHANE. C. J. concurred.
WARNER, J. dissented.
a for inju
ctiou
WARNER, J.
This was an application for an injunction wblrb
was refused, and complainant exoepted. On hearing
tlie allegations In complainant s bill and tho affida
vit of coinplainaut’a objection thereto, this Oourt
will not control tlie discretion of tho Court below, in
refusing the injunction in this case.
Judgment affirmed.
J. F Winter vs. H. H. Epping—Relief Act of 1870.
ad that the affidavit o
tho record that tho plaintiff aud defendant purchase
* $500 of tho gold so purchased on joiut
* him. Thero is no evidence in tho rec
ord of any dc-maud having been m&do by the plaintiff
ou defendant for tho payment of tlie gold prior to
Juni- 1st, 1805; and the majority .ot the Court arc ol
opinion that this is not eu«h s debt, or contract, as
com os within tho provisions of the set of 1870. Re
lieving that art to be unconstitutional and void as to
contracts made and entered into before its passage, 1
concur in the judgment of reversal in thia case, and
hold that the Court below erred in dismissing the
plaintiff's action ou tho state of facta disclosed by
tho record.
Judgment reversed.
E. W. Seabrook, Administrator, vs. Tho Underwri
ters’ Iuaurauco Agency, et ah—Iu Equity—Fraud.
WARNER. J.
This was a bill filed by cotnyl** n *fit on the 13th
October, lHGtt.' Tlie defendants had answered the
bill when the c^use was cailiHj for {rial af the Novem
ber Term of tlie'Court, 1870; |}nd after haying the
bill read, the Court dismissed it for w%ut ot equity,
to which the complainant excepted.
The louts are iu substance as follows; Complainant
had two lota of cotton st Albany, Gs-. one of W bales,
and the other of GO, which he desired to ship to Ap-
paiacl.icili, aud to insure the same. On the 6th of
February, 18 >6, Bower, .is tho agent of complainant,
wrote tu Rust, the agent of the Underwriters st Al
bany, to please find Mr. Oliver Cromwell, who was
a so agent of complainant, and get particulars of how
to ship his two iota of cotton to Appaiacliacols-ouc
of 50 bales and the other of Go bales—and to insure
them to Appalachlcola.—“Send lulls to me, s:
will remit by Express; your prompt stteutiou
much Oblige, Ac." The bill alleges that tbis letter
was received by Rust on tho 8th or 9th of February;
that he looked up Cromwell iu order to obtain fmm
him the particulars of how he was to ship the e
ton. and who wrote s letter to him to that effect, s
that Cromwell would inform him that tbe lot of
bales was already on board tho little steamer White
How, lying in the river in Albany, and would leave
further inquiry, apparently satisfied with tho infor
mation he had received, and returned to mako out
the insurance, as lie was instructed to do by Bower'i
letter. On th,? 9th of February. 1806. Rust answered
Rower's tetter, in which he stated, “Your favor ot
the GUi is received. Mr. Cromwell ia now shipping
GO bales of cotton by the steamer White Hose—now
loading at this place. Tho other 50 bales he will not
*“ ' getoff in time for tho boat He will ship
Dmftl and IluibliiesN Notices
Wt. NEWS FROM EUROPE.—Dr.
L. H. Brad field, tlie manufacturer of
BrtuliMfi Female Regulator in the
city, iH ju*t in receipt of * letter from
Germany, ut ahicli thu fallowing i* ff
correct translation—the original . of
which iain Dr. Bradliehl'* p—irrritra
ar-1 can lie seen by any one who desire,
it. Verily the medicine ia ocqniring a
reputation as wide as that-of cirtHution.
The following is the translation:
Northern Province ot Hanov*h I
German Eui-irr, AognH7«i, 1871. f
l)r. Iiruiljlctd.—Dear 8({ : From one of
my friends I bate learuoil your address,
and from lain liuvo received a few bottles
of your celebrated Female Regulator,
and its excellent properties tor curiug
certain diseases of the fair sex have been
communicated to me. I have had an
opportunity of trying yonr medicine in
my own {family with the most satisfac
tory success, and I hasten to exprew to
you my warmest thanks [or the happy
effect produced by your medicine. Not
only iu my own family, but also in
othor families this si.lo ol tlie Atlantic
have tho same happy results been effec
ted, until now tlie last bottle lio* been
used np, and I can no longer supply
those who lmve made demands for tho
medicine. I wish very much to procure
a new supply, nnd therefore oddrem you
to respectfully oak of you whether you
have an agency for your medicine ou
this continent, and if not, to send mo a
few dozen bottles per North German
Lloyd Steamer. For tlie amount you
may draw on me through Meagre G.
Mecke and Co., Bankers in Bremen,
or if you prefer it, I 'will send you tho
amount of the bill iu advance. Awaiting
your reply, I am yours respectfully,
G. V. Fbankxnucro.
Hii' Great Bargains.—For sale—two
first-class Engines. Apply to Porter h
Butler, Machinists.
Atlanta, Ang. 22-d6t
B®... Nongat de Marseilles, at Block's
Candy Factory, jy29-tf
B®» Nougat do Marseilles, at Block's
Candy Factory. _ jyW-tf
Wanted.—An experienced Drug
gist, ‘who thoroughly understands tlic
business, ean hear of a good situation
and good salary by addressing
Box 359,
aug29dlw Atlanta P. O.
To Prlaim,
Twelve newspaper chases, suitable for
papers from 22x32 to 24x36, will be sold
cheap. Address
J. Henlt Smith,
tf. Business Manager Sun.
Hymeneal,
Last evening at 9 o'clock, r. M., John
A. Fitten and the boautifnl Miss Mariana
Turner, both ol this city, woro married
Just before night the numerous friend
and nsHociates of Mr. Fitten" inveigled
him into a room of one of the party, and
for a few minutes toasts, and song, and
merry making, and good wishes were in
dulged in. Of course Fitten came iu for
bia share of tho “tuts” and "slashes” ol
the thoughtless crowd of worthless bach
olors who hod assembled for tbe (reel)
purpose of celebrating his new departure.
The happy couple left on the 10 J train
for New York, where they will ipend He
honeymoon.
A LIVRLV ICRAPR OF CUTTING AND
SHOOTING.
it next woek.'' That this letter was received by
Rowere two or tfireo days after its d»tc—oonsidcring
ii moan th.* Ik. museum — insured. The com-
All things remained thus, till I9th Feb., w
steamer White Hose sank st Hell Gate, on her way
to Apiwlacbtcola, and the cotton was damaged
$8.60u. Two or three days afterwards. Cromwell,
the agent of complainant, called on Bust, to ar-
ramie with him ths payment of the insurance, *bcn,
mm b to his surprise, after reflecting a little, Kin
said to hiut that the cotton waa not insured—that h
h*d received no money to pay the insurance with
and that he was not in Um habt| of advancing
insurance. Rut the complainant alleges tint l
was s mere pretext and afterthought, because
Rowers in Ills letter had requested him to send his
bills for tho two lojs of ootiou to lDim and he
remit by express; aud fbat Rust'hfkd acted
latter, by banting np Cromwell, and tu respect to
the other lot of fifty bales, which he not only in
sured, but made out all his charges, Including pro
nUtuu fi r insurance against Rowers, making
j act ion to the propositions of payment.
The compteioaut alleges that Rust, by hi
diet in the premises, induced him to belisve that he
had Insured said cotton, and to prevented him from
perfecting insurance thereon elsewhere, as there
was ample time for him to havo done, inasmuch as
the steamer did no« leave Albany lor several days
after he had their letter, and did not sink until
February 19. That iu consideration of the promisee,
ha reposed all confidence in Rust, as tbe agent of
the Underwriters' agency; that bo would insure the
cotton, and that his omission and neglect to do so.
was contrary to his duty, both legal and equitable
and contrary to the tenet and coiiAdeooewhkh
complainant Justly reposed in him, and is a fraud
Upou complainant, for which not only hs ia liable,
but ths Uudarwriten also, who are bound far the
care and fidelity of their ageate, and —Nirnmites for
bis neglects aud frauds in the transaction of his
‘ lslness.
As a general rule of law the principal is bound for
the care and fidelity of Lis agent, and tor h;s neglect
tfid fraud. 1 Tn Ml osasfof frjpuf excSmt fraudSt£
execution of a will, equity has qpncqifreut jurisdic
tion arith Uie courts of law; Code, sec. 311&. When
l$w aud •.•quite fcfiva coucqrrant jsriigliction, the
ooari first Ukjng vrU^piiate. uhlaas a good reason
of equijyj Gode,
, — r-- f ths U.
Agency, iu failing to effect an inanrsnee
fon, wuereby the complainant lias been injured, and
a dear*of equity having first obtained Jurisdiction.
Should have retained ti uuul ihp nause was heard on
term thereof.
Judgment rev* sed.
IT?A°V j**"* 1 * '** J ‘ J
When a Sheriff, in his answer to a rule calling for
him to show cause why he Aid not made the money
on a ff.fa. issued by tho t 'omptrolk-r General agaiu st a
Mam Severely Cut by Another.
Yesterday morning, Beau Berry and Lu-
cion Smith had a misunderstanding, some
hard worths passed, a lick or so ensued,
whon Ber ry took out his knife and in
flicted several severe, though uot danger
ous, wounds, npon Smith. Tlie princi
pal cuts arc in tli o face, nook aud arm
Smith went for his pistol j^nd Jirpt] spypf
ol shots at Berry, witlnmt, however, do
ing any damage.
Berry was bound over tie foie Justice
Butts iu n $8,000 bond to appear at t|i)
October Court.
Smith is doiug very well under the cir
cumstances.
Prolific Corn.
Mr. B. G. Kelly brought into this offici
yesterday a .talk of coni containing no
Icrh than flvn woll developed ears. The
ears are ajl of good sire, pfeu-p (imi
.sound, and ooverod by a very thin shnok.
Tha oUilk w only a sample of the patch
from which it ia token.
Tha Crops.
We luive mode inquiiy recently of our
plantiug friends in regard to tho crops;
nnd whilo none of tho reports »ro very
favorable, yet a general gumming up of
tlie condition of tho crop* in the “black
belt" docs uot go to show that below au
average production of cotton pill la-
made. The severe drought in July and
August injured the cotton, it was thought,
but some of the best farmers say the weed
is largo enough aqd is about a. well
fruited a* usual, and will make a fan-
crop. The cqru crqp ia lictte; than us
uni—a* good, jNirhaps, as it ha* been
since tha war, with a larger area of land
planted,
The wheat and o»t, was o failnre, and
more corn will lie required to keep up
the farms, but still there wilt not be os
much bought aa there waa loot year.
Tho farmers are hopeful—are freer from
debt than usual—and are better able to
live at homo.