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TItEJ * daily SUN Wmqsnj 1fettv 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.