Below is the OCR text representation for this newspapers page.

THE DAILY SUN. Wzdxbhut Morning Skttbmbeb 6. JTrw Aftcerfireoiml* nhruyn fu\m<l on Pint Page ; Local and fiutineu Xotum on Fourth Page. CITY AFFAIRS. Kimbro k Bin yon, nn*«r Odd Fallow*' Hall, Marietta sSrss*. haw* on band a flue 1 Orat’s Olothin*, Hats, Ac. aeptfl-lt MAYOR'* COURT. I Kawiady k Morrow, ialMatad in the o took at *o ad- Ssq., advertises in tbia of the wort deair- in the city tor rent, by aufl or in person. It ia the cttf for • country J22±sr?sz. , sz did attain, and ar* bound to attract the attention of travels* 1 porpose of a sloepiog oar at night anil a ■oat hunuriona passenger coach by day. They ran through to Bnnchrille. W.3 ,j«.rara +L*. We aak attention to the ad' of tbia new firm. The gentlemen oompos- te* Stores heretofore been members of the Arm of Fleming, Staples k Co., wide ly known in Oeoigia. They were both Confederate soldier* in the late war, and aerred till anrraodennAnt the alone They hage the beat of refeiencca and are high W endorsed. '^thaaU night waafall and “8tiU Water* Ban Deep" waa well rendered by Templeton’* Thonpe. It wne * nay flat tering and satisfactory beginning. The anaaaMrill nn’doubAw a brilliant one. : “Jgato Lynne" will l>e performed to night, concluding with “All the World’* Some little negro children a noiee in an old houae, of which Mr. O’Shield* had obarge, and in making them get oat one little wench “ant" him *o that he very nahually riagt her orer. For thia he was aim a long list of nigger bebie* brought np to Um the book, end swear to anything they imagined. The oeae waa eo ridion- Iotm, and the investigation had eo much of the appearance of e caricature of • Court of Justloe, that the Judge dismiss ed It in grand disgust. nan Ira played is the city, if the Court know* herself. Sereral negroes were np for creating a diaturbanoo by playing this game, and gave the excuse that the city Marshal had given them the privilege.— This did not go well with the Court, end they had to pay the costs. How ia this? a oontwomd case as put down for this morning, the wit- vises being absent. Aaase of a small boy who had dis obeyed his parents, and thereby got into trouts)*, was np. He waa so small and hi* offense so insignificant that be was let off This was too good an opportunity to let slip without a lecture ; although Lowry is aot much given to such things, still he thought parents sometimes required too mods of their children. He thought a child had some right* which a father was bound to respect, and rose up and re peated the little story of Ossa by Anchor, to show how sometimes the old man might ovea do the thing in the way of requests. Amid the profoundeet silence Lowry rose up and spoke: The boy blood on tho burning deck* There l»u't any doubt; And yet who mw him on the wreck ? Who really heard him ehont i District Cenrt. This Court mot yesterday morning, hut tuasaaszsssz Court, which involved the existence of tho DiaWet Coast Aa will bo seen from the proceedings of the Supreme Court in this morning’s Son, that hotly has de cided that this Court was established ac cording to law, and therefore its acts are legal. Urnad Uan(,atl at Madl.on. To-morrow (Thursday) night at 81 o’clock, there will be a grand Isuiquet at Foater’s Hall, in the city of Madison. The following arc the committees: Ol Arrangements -Col. J. G. McHenry, Dr. N. B. Atkinson, Dr. G. B. Knight Msj, Wra. WoixIh. Of levitation—J. C. Anderson, R. ft, Thurmond, 8. 8. Floyd, I. W. Walker, Seal mm Becao, W. H. Crawford. Floor Committee—W. 8. McHenry, A. l’oullain, A. W. Foster. daily ratfcKKuisus or iwa an. prbmr court. Atlanta, Ga., Sept 5,1871. After the delivery of minion* argu ment of No 16—Macon Circuit—O. A Houser u Watoay Hooaar and William Braneoa— 1 was oosrahrded. No*. 17 aad M having been heretofore argued, the Oonrt went back to No. Iff It je fl^saelP. palter v*. John Howard- Case from Houston. Poe, HaU and Pas, 8. D. Kitten, for A- 8. Giles, Nisbett* k Jackson, contra. Pending tba argumeot of this ease, the Court edjoaraed till 10 o’clock, a. m., to morrow. Trada RevUw. Trade to-day has been good. Orders trow country msrehsnts begin to come ia, aad busiasas is eoaaidarably iss- There ts ao ahange ia price* from our Stock* of provisions are adequate to tbeii*««.//o < i a^HOJ The grain market la well regulated, aad a full supply of all kiade Is ia (tore. Dealers ia Boots, Shies, aad Hats, and some Dry Goods, are receiving dint in- voieWaf the tall stock*. ** ' Prioes generally, are moderate, and as ia therptoag Sad*.prat ranis exhibited ia purchasing, and no disposition la ■howMp nwdO' the thing by atottiug the market. | y— T*M SOO0IKKX rniAlg OOLUOR, at Taflfsif*^ opeped daring the week, and already mabele eighty-I pupil* Thttiaeeminly very e *“*• C k 1 w Fv»P«<* Dr » undcr ibc aide supwhntcadeooe of dent Sax, gives the grsstfct rati to all patrons Ttopiwntoi are Mow Said in the] Oolleg* Botijtng. ~ J raf^. aijpa’s acaooL. Business was decidedly dull yesterday, a* only three eesee were up. Everybody looked pleased at this falling off in crime, except tho presiding officer, who raid, “Oh I it is pitiful, That in a whole city full Duly three caaes are found. The Unit case of the throe which at traded attention waa that of i old l Would he have stood end rotated there With Jolly boat* ao near, And bragged about hie fierce despair, Nor walked off on hie eart Why not give one Rood roar for oars ? Aaaall hia |« for aeil To weft him ecroaa the flashing shores T Why stay aboard umI well ? Bit pow-wow with hia father 1 Regard m tempting fide; If he declined to early die, Why May there and dilate? " Pa, can't you apeak—a little piece ? Juat try a sueese or cough, lly nearest kin, kin you release, Or ire you, father, off?" And while hia father alrpt bolow, Tho^boy he never atirred; who never "go" it the word.” He called aloud, "Am I allowed Tour leave to leave: Yout son Stands Arc, you know, but don't you crowd The thing: I’m toasted doue. n Of eourno I'll do wltat you desire, If you're laid ou the abelf ; 1 burn with ardor-but Huh Are! ToU know how *tia youraolf. “ Apeak* father, 1 would l>o released! I Hat your loving tonea.” He knew uot that hia )«, dcceasod, Ilad gouo to Davy Jones. Upon hia brow he fqjt the host. Yet atfHKl acrenc aud calm, 'With or * Like The yards and spars did burn and snap All lu the wildest way; left the chap, Thar* came M bunting thunder j»eal— Good drachma! Pretty mnui Bor, ah ip, and anchor, dag and keel, WOMt up la a balloon. Aad when thia Round bunt o'er the aide, The boy I oh, where was he? Aak of the wind#, for none beside Stayed long enough to aeo. t and helm and pennon lair, Tliiv settled tho t>U8ine.ss for tho ilnv. Tho crowd was convinced, and the Court retired amidst a polling shower of lx>- qasta. SI/UKKMK COURT DECISIONS. .September 5, 1871. Willis Wood ot al., vs. A. B. ltoss, Adm'r. Motion for now trial. OCHRANE, C. J. t When in a trial in the conrt below* the right of certain claimants to property was predicated upon their rights as grand-children of the deceased, and there were several witnesses examined as to their paternity, and the evidence sup ports the verdict of the jury, and no rule of law waa violated iu submitting the ease to the jury, and the judge below re fused a new tnn), this Court will not in terfere to set aside the judgment of the Court When s motion for a new trial on the ground of newly discovered evidence was overruled by the oourt below, and the cvidanc* does not accompany the motion, and the character of the evidenoe sng* il by the movaut is cumulative, ly, it is not error in the oourt below to refuse a new trial Jodgment affirmed. let -A. Nutting et al., vs. J. M. an et al. Joinder of i>arties. .NE, C. J. a bill waa fifed by the heirs at m against the administrator and the to whom he had told railroad ipertv of the estate, to recover stock, which had been aold by inistrator without an order of of Oniinaiy, aud thenartiee the purchasers and defend 'd! the bill, and in their »d that the securities of the be made parties to the which answers demurrer was fifed and sastsi nad, and the Court dis- aisQr nfehn, ow Hcmdmj, ax.d this m and ■■ ya f»mimbg an- kfesw»itfes weee bound torvapoadfor wwiMei aaU. Thk hi AWhfely aw* any devastavit by the administrator of cowragiag, and Prof. Haihfeasi owes ffc* mm* ol the estate, to the bain al ■*ina*rrail tkJMMMA mMmJA *' ** creditors of said estate. But in ■■ 1 toaSon bnmght by the heirs at few, Vougyinmoowi oawben ■»- or bill fifed by them, to recover back teen, and wfll feariMyMwiifciHfe property aold ittegalty by the adminis- next ten days. ttah*. tnm tbe puitsbasera, the securities Accommodations are sufficient foy hundred axA tieJtjwa scboiifV Um friends of the institntiqg predict that number, before tme vwifek Apiffealioas era made daily for silurimtrn by those who live outside o( the city, m well as those who live bare. If the Street Committee will examine the sidewalks on Forsyth street, they will find something for the street hands to do. an examination, gentleman. on the administrator’s bond cannot he Mdl fames thaieto at the instance of jW> pnrohaaam. Judgment affirmed. Swift, Hamburger & Co. vs. A H. Powell ~~8pecnl*tion upon Chances. LOOHBANE, J. Where A agreed with B to deliver a hundred bales of cotton, at twenty-one oenta a pound, at any time within sixty days, and B knew that A expected to pur chase himself to fulfill his contract, and the contract was reduced to writing, and recited “for value received,” and tho parties farther agreed to put up a thou sand dollars eaeb, which they did, to cover losses from non-compliance with snob contract: Held, That inasmuch os the original contract was reduced to writing, and re cited .1 consideration, these was sufficient under the facts to take the contract out of the illegality of such contract**, undci Section 259C of the Co^le; that the thou sand dollars put up by each party are to lajregardcd as stipulated damages, and that the plaintiff could recover no more than this amount in his action. Where the Court, upon the trial below, from a misconception of the case, misdi rected the juiy and admitted illegal evi dence as to conseqmmtial damage?, hot upon motion granted a new trial: Held, It was no error in the Court be low to have granted a new trial, esi>ecial- ly ns the amount was for an amount not authorized by law. Judgment affirmed. William J. Pierce, et al., vs. W. H. de- Oraffenreid—Claim—Homestead. McKAY, J. Where one who was not in fact the bead of a family applied for a homestead as such, under the act of 18C8, and the sumo was laid off to him, and being in possession thereof, it was levied upon to satisfy a ft. fa. sgainst him, and lie dying tho homestead was claimed by his heirs at law: Held, It waa not error in the Court to reject the record of the Coart of Ordina ry, setting apart tho land as a homestead, the claimants not pretending that they cluimed under tho family of the deceased In a claim ease, where the defendant is in possession, the claimant cannot defect tho plaintiff in ft. fa. by showing title in a third person not a party to the record. Judgment affirmed. Patrick Kerwin vs. James aud Cum mings.—Proceedings against tenant. M cKAY, J. Where K. rented the premises of C. by tbe month, commenc ing ou the 7th day of May, with the un derstanding tliut ho would occupy them until October; and the agent of C., who made the contract, testified that the renting was only that the 1st October, but there was also evidence to-wit : The re gular receipt of the rent monthly, that the renting might have been until the 7th: Held whether the renting was to the 1st or the 7th, was u question of fact for the jury, and they having found for the plaintiff, and the Conrt having refused a new trial, this Court will not under the fucts set forth in the record, disturb the judgment of the Court, refusing a new trial. Judgment affirmed. E. and 8. Collins vs, A. P. and (). C. Collins, Aeeutors.—Relief act of 1870.— Negro consideration. McKAY, J. Wherein 18(>3, A. sold to B. two negro slaves for $5000 payable in pork at one dollar a pound, and cotton at fifty cents pound, but no note was gireu, and soon after $2000 was paid in pork, and after wards A. having died, his executors after the 1st of June, 1805, adjusted the debt with B., fixing the amount of the debt at $1,700, port of which was then paid, and B’a note with 0. aa security, was taken for the balance: Held that this was not a mere renewal of the old debt, so as to bring it under the acts of 1868 and 1870, but as there was in act no new consideration, the consideration of the note was stiU slaves, and it was error in the Court to charge the jury that this was such a noration of the contract as purged it of its negro con sideration. When there waH evidence on 0110 side that the consideration of the note was the prico of slaves, and on the other side, that it was given for cotton, it was the duty of the Court to charge tho jury its to the Iaw, arising under the evidence on both aides. Judgment reversed, Gertrude J. Wool folk, vs. Joseph E. Mur ray. Homestead of Bankrupt McKAY, j. Where the United States Court, under the Bankrupt act of 1867, havo acquired jurisdiction of the estate of a bankrupt, the State courts lose jurisdiction of all olaims against him, except certain specific liens, and the homestead and exemption provisions of the Constitution of 1868 do not create such a specific lien upon the title, to Ins family, as may 1>c heard or adjudicated ill tbe State courts, _ the bankruptcy proceedings. Whether such claim is such a one us nuiy be proven in bankruptcy before the Federal Court, is a question for that court nlone to de cide. Judgment affirmed. Laviuia Williams, ctel. vs. O. F. Adams. Ejectment, defective record of deed. WARNER, J. This was an actiou of ejectment to ro- oover a lot in the city of Macon. On tlu* trial of tho case tho plaintiff introduced in evidence a deed to the lot, from Mar tha Wiliams, dated tho Uth of Murch, 1851, and recorded 7th April, 1854; also the deed from Martlm Williams to de fendant, dated 21st August, 1866, and re corded the 28tb, and proved the defend ant in }H>sscs8iou of tue laud. The maiu question in the case turned on the effect of the record of the prior deed. That deed was recorded with the names of only two of the subscribing wit- uchmch, neither iff whom was a judicial officer, and there vg no pnj>atc of the deed by the others. Thero now ap pears on the face of the deed three sub scribing witnesses, one of whom aul>- scribes his name as a notary public, which the clerk failed to record w hen he record ed the deed, and the question is whether the record of the prior deed, on the same appeared ou the record, was such notice under the law* os will defeat tbe title of the defendant as a subsequent purchaser from Mrs. William^ The point in the asc is, whether an irregular registration of a deed is notio* to a subsequent pur chaser whose deed has been regularly re corded according to law. The Court be low decided it was not. and ho charged the jury; a verdict was found tor the de- fendaul. The i4*in\iff excepted to the charge of the tWrt, and also moved for a new trial, on the ground of surprise and newly disoovered evidence; that one of the witnesses to the deed would swear that the witness who had attested the deed as Notary Public, subscribed his name thereto at the time of its execution, and that the clerk had failed so to record it. This motion was ovennled, and the plaiutiff excepted. The 2666d section of the Code declares that “every deed con veying lands shall l>e recorded iu the of- floe of the Clerk of the Superior Court 1 of the county where the lami lies, within one year from the date of such deed. On failure to record within this time tbe re cord may be made at any time thereafter, but such deed loses its priority over a subsequent deed from the same vendor recorded in time and token without no tice of the existence of the first" This section of the Code is in substance tho same in its legal effect as the aot of 1887. The question in the case is whether a prior deed from Mrs. Williamis never hav ing been recorded within twelve months from the date thereof, and when record ed the record thereof did not show that its execution had been attested as requir ed by law, so as to admit tho same to probate, was legal notice to the defend ant aa a subsequent purchaser from her. The defendant was only bound to know what the reootd discloses, and the record shows that the deed liad been recorded without any lawful authority to do so. This Conrt held, 11th Ga. R., p. 637, that tho irregular registration of a deed was no notice. There wus uo error in the charge of the Court in this case, or in refusing the new trial. Tho newly discovered evi dence will not alter tho evidence as it ex isted at the timo the defendant purchas ed tho lot. Judgment affirmed. P. W. Doyle and Jas. Martin, sheriff, vs. the Trustees of the African Methodist Church and of the Methodist Episcopal Church South in Equity. WARNER, J. This is a bill filed to set aside the N ile of a city lot in Macon, on the ground of alleged frand by Martiu, the sheriff, and the purchaser and also because of unfair ness in tbe sale, the inadequacy of the price paid for the proprety, and that the title to the lot had not i^useed to the purchaser. The lot was sold on the following agreement: “The above case,” of ter stating it, “is settled on the follow ing terms to-wit: Tbe lot of land in dispute shall be sold by the sheriff of Bibb County on the 1st Tuesday in Feb- nary next, after advertising tbe same once a week in the Telegraph (ttul Mes- venfcr, until the day of sale. The terms of the sale cash ; after payment of costs and expenses of sale, tho balance of tho money arising from the sale, to be divid ed equally between the Methodist Epis copal church Boutb, and the African church.” Signed by the counsel of both parties, whereupon the following order waa entered upon the minutes of the Court “November term, 1869—ordered that the above settlement be, and it is liereby made tbe judgment of the Court. On the trial of the c ause,evidence was introduced on both sides as to the fainess or unfairness of the sole, and as to the conduct of the sheriff and purchaser. The Court charged the jury that this was not a judicial sale under execution, and that the law of tbe State covering judicial soles was inapplicable to said sale, and that in a sale under this order, tbe confirmation by tho court was necessary to make it valid and there being no suoh confirmation, you should set aside the sale, and decree the deed to be given up to be canceled, to which charge the de fendants excepted. The jury returned a verdict setting aside the sale and ordering n new sale, aud further found that no fraud was proven between the purchaser and sheriff, bnt decreed that the deed to Doyle be rendered up, and canceled— The defendants moved the conrt to set aside the verdict on the ground that it was against law and evidence, which motion the oourt overruled and defendants ex cepted. Admitting there was no frand proven Ijetween Doyle and the sheriff, there is sufficient evidence in the record, inde pendent of that fact, in relation to the sale of the property, to sustain the ver dict. This was not a judicial sole by the sheriff, acting in his official capacity, even if there had been an order of the Court ordering him to sell the property, and authorizing him to make a title thereto to the purchaser thereof. In our judgment there was no error of the Court in ordering tho property to be sold. There was, an agreement of the parties that the property should be sold by B the sheriff, and the terms thereof, in settlement of tho suit pending between them, and that settlement was made the judgment of the Oourt, and that is all. The parties by agreement oould not the appointment of the Governor, until filled as provided bv the Constitution.— It is immaterial whether the office bos become vacant, or ia vacant by having never been filled. In the latter case he may fill it under Section 66 of the Code, which authorizes him to appoint all offi cers and fill all vacancies, unless other wise prescribed by the Constitution and laws. It is the duty of Courts, in pa&dug up on the constitutionality of laws, not to pronounce against them, except in a clear case, and to make every intendment possible in favor of the constitutionality. Art. 3, See. 1 and par. 3 of the Consti tution prescribe* that “ the first meeting of the General Assembly shall be within ninety days after the adjournment of this Convention, after which, it shall meet annually on the second Wednesday in January, or on such other day as the General Assembly may direct;” and that “no session of the General Assembly af ter the second, under this Consti tution, shall continue longer than forty days, unless prolonged by a vote of two- tbirds of each branch thereof.” The ses sion of 1870 may, in a very just and pro per sense, be the first or the second ses sion, us provided for and specifically re quired by this Constitution, so as to ex clude from the two sessions, called and extra sessions. The session of the General Assembly which met on the 4fch of July, 1868, more thun ninety days after the adjournment of the Convention, under the order of Gen. Meade, though a legal session, was a called, or extra, or irregular session, and not one of the sessions contemplated by tbe Constitution. The session of the General Assembly of 1870, it may be affirmed, was not a session after the second session, under the Constitution. The act of October 27, 1870, to assess a tax to pay the aalary of the District Judge and Attorneys is sufficiently defi nite, since from the census of 1870, the amount due from each county can be ap portioned, mid the tax books in the Comptroller General's office will point out the property to be taxed. Lochrane, C. J., concurred. Warner, J., dissented. Dooal un*l Business Notloos SUPREME COURT OF GEORGIA. Regular Order of Business. 8. Macon 16 9. Flint 18 10. Tallapoosa 11. Atlanta 33 12. Rome 12 13. Cherokee 18 14. Northern 15. Augusta 10 16. Middle 17. Oomnlgee 18. Eastern 19. Brunswick September 6-tf ■'‘ALEXANDER H. STEPHENS ON THE Study op the Law.”—A 16 page pam phlet—one of the profoundest of Mr. Stephens’ many productions. Single copy 15 cents ; 50 copies $5. Address J. Henly Smith, Manager Sun Office, sept4-tf Atlanta, Ga. RrmoTfll of the Synagogue. Y’csterday the furniture ; j 1 appu ances of the Jewish Synagogue were re moved from Broad street to the new building, corner of Broad and Mitchell street. {Jotmiar farniln Seising Alaclpnea > 10* Gbeat Bargains.— For sale—two . _ first-lass Engines. Apply to Porter fer iipon the sheriff “tiionty toselj BuUeri Machinist*. Atlanta, Aug. 22-dCt tho property, and to convoy title thereto to the purchaser without an order of said Court to that effect. The judgment of the Court confirming the settlement is one thing. The order and judgment of a Court ordering the sale of the property in pursuance of that settlement, and con veying a title thereto, is another. A very important question, so far as the ques tion of the purchaser is concerned under such sole. Whenever a Court, by its judgment, shall order a sale of property in pursu ance of an agreement of parties, then it will be the duty of tho Court to see to it that the sale has been made and the title to tho property executed in accordance with its order and judgment, especially if any objection shall be made thereto by tho parties interested. I11 view of the facts of tho record, the verdict of the jury Netting aside the sale of tho city lot was right, and there was error in the Court refusing to set tho verdict aside. Judgment affirmed. B. A. Thornton, Rcvcivcr, vs. T. F. Gib- WABNER, J. son. Question of fact for the jury. This was an action brought by the plaintiff as receiver of tho estate of Rals ton against defendant, to recover Homo $500, alleged to be due the estate of Ralston for the renb of a storehouse in Macon. The defendants pleaded that At the time the storehouse was rented, there was a co-partnership existing between the plaiutiff in his indi vidual capacity uud the defendant and one Aurelius Gibson, to do business as meichants in Macon, which partner ship was afterwards dissolved. On tbe trial of the cast', after the plaintiff had closed his evidence, the defendant de murred thereto and moved for a nonsuit, on tbe ground that, the plaintiff's evi dence showed the existence of a partner ship as alleged by the defendant, at the time the storehouse was rented. The Court granted the nonsuit and the plain tiff excepted This was a demurrer to the plaintiff’s evidence, and the question for the decis ion of the Court upon that demurrer was not os to the preponderance of the evi dence in favor of the partnership, but the question for the decision of the Oourt was whether there was any evidence de- ttougat dc Marseilles, at Block’ Candy Factory, jy29-tf Nougat dc Marseilles, at Block Candy Factory. jy‘29-tf To Printers. Twelve newspaper chases, suitable for papers from 22x32 to 24x36, will be sold cheap. Address J. Henly Smith, tf. Business Manager Bun. Preuci for Sale. Oue “Henry” Power Printing Press- arranged for hand or steam power—bed 33X47. Tue Son is now being printed on this press. It makes from 1000 to 1500 impressions; is strong aud easily managed, and with steam power, is No. 1 press. It is new, having been worked only 6 months. Prico 81250. The “Acme" Press works a sheet near ly as large os the “Henry," at about the samo speed. Is the best country news paper press built. It is new. Both these presses can be seen at work in The Sue Press Hoorn. Address A. M. Speights, Sun ofHcc. uyiug tbe oxisteuoe of the partnership at tne time the storehouse was rented. If there was any evidence on which the jury could have fonud that there was no partnership, then they should have been allowed to conaider aud pan iq>on that oyidence. 15 Qa. H., p. 491. 5 Ga. B., p. 172. Thornton states in his answer that there waa a proposition made by him that when the defendant and his brother should come to Macon and commence business, that he would put in 85,000, ns a partner, to which tho defendant as sented. There was no partnership and thero wss to be none until they come np to Macon and com menced business. They never came and there never was any partner ship confirmed. It was error in the oonrt to sustain the demurrer to plaintiff's evi dence as disclosed by the record end grant ing the nonsuit The question oi part nership or no partnership shonld have been submitted to the Judge under the evidence of this ease. Judgment reversed, Michael Gormley, vs. J. H. Taylor, Dis trict Attorney. Mandamus. Distriot Courts. Vacancies. Governor’s au thority to fill vacancies. Constitutional law. McKAY, J. When the Constitution creates an office to be filled by tile appointment of the Governor, by the advice and consent ol , tiie Senate, but legislation is necessary himself, ho has continued to circulate to carry the Constitutional provision into | the same infamous reports about the fam- effect, and an act for this purpose is fly of hia former benefactor. Such - «• *** the adjournment of the Senate, the 8° in *° • community ot decent office is vacant and may be filled by I folks. Concordia To-nlgat. To-night the Coneordia Association give one of their unique entertainments. The play is ‘ ‘Robert Macairo. ” This will be the last entertainment by the Associa tion in the old halL ■ RNSATION IN GRIFFIN A D.oit Mom Hr ported Found—Ha It aot Dead, bnt ' CMi.mtn,.” Griffin bad a little sensation lost Friday when a report reached town that ajournae- man tailor named Williams had been found dead near the Pike Couuty line. Subsequent information revealed that the dead man was not dead at all, but was performing what is known as a little possnming. The individual first came to Griffin in a very dilapidated and seedy condition, and applied to Mr. Glass for work and assistance. In the goodness of Mr. G's. heart he gave both to Williams, who, soon began to fell bis oats, and institu ted a aeries of drunks, in which he gen erally wound in the calaboose. Mr. Glass would always pay him out, aud en deavor to make something out ot him The scamp sirculated reports and showed forged tetters from his employers daughter accepting an offer of marriage, Ac. Then he circulated the most vile and slander- oua reports about her. He connected the names of Harry Johnson and W. H. Boberts in the affair, and then fled the city. This last was too much for Hany, aud his friend Roberts, who went in pur suit of tho miscreant, aud overtook him near the line of Fike. Mr. Gloss was along, and asked permission to “whail” him, which was granted, and he gave him a sound drubbing with a stiok. The rascal fell dowu aud feigned to he dead, in order to save himself from fur ther injury. We learn that since he resurrected OOMMER.CIAIJ. FINANCIAL AND COMMERCIAL. Wo quote : GnAiK-Corn by car-load 85@87( rants. Wheat—Bed 81.50; prime white 81.60@ 1.70. Oats 65@70. Bye $1.15@1.25. Barley 81.15(0,1.25. Bacon—Shoulders 8c; clear rib sides 9 cents; clear sides 9fc; canvassed hams 14(«,17c; bulk je lower. Labu—Barrels life; kegs aud cans 12) Flour—Superfine, 85.75; extra, 87. family, 88(a8.25; fuucy, 89. Meal, etc.—Quito an active demaud exists, and many orders are received from s distance. Cora meal per bushel 90c. Bran, per cwt., 81.00. Groceries—We quote A sugar utl41o extra 0 14e; yellow C 13@13|o; fair choice crushed, powdered aud granula ted 15jc; brown 12(a)13f. Bio coffee 17(a,19c; Java 2Gc; Luguira 20c. Mo lasses, in barrels, 33c; hogsheads 25(ul)l , New Orleans prime 70c.—This style of package is getting to be very common ' tliis market, and buyers will at once see tho discrimination ill prices. Liverpool salt 82.25 ; Virginia salt 82.25. Bice lOgdiUlc. Giusing 12(«22c. Onndlcs—sperm 18c; adamantine 12i(a) 13|c. Pepper 25c. ltaee Ginger 15e. Starch 8c. Cigars, domestic, per thou sand S22(iji40. Teas—Green tea 81@ 1.50; black 90c@1.25. Soap 6(Jtl0c. Crackers 6@15c. Country Produce, — Butter 20@30 eggs 15(«.25c. Cement and Lime.—Market brisk. Cherokee limo 55c; Chewacla 00c; by draulic cement, per bbl., 84; James Riv er, 84; plaster of Paris, per bbl., 8G. Hay—Moderate. Prime clover, per ton, 830; Tennessee, 830(jp33; Timothy, «32(a35. Tobacco—Low grades 55(iC0e ; com mou, 58(qd>5 ; good, 75(^90 ; tine, 81(a 81 25, choice brands, 81 25®1 50. Prints.—Allens, ill ; Sprague 11) Pacific 111 ; Lancaster, 101 \ Wumsutta, 8; Merrimacs, 111; Garners, 101 Gloucester 11; Amoskegos 9J. Hardware.—Nails—lOd to GOd 84.70 8d 84.95; Gd 85.20; 4d 84.76; 3d (6.70 finished, all grades, about 15o lower. Iron—Swede 7c; horse shoe iron 7e City Mills and Pittsburg bar 6c. Live Stock.—Cattle—Tennessee, 2b 4jc; country, 2@3}c; Bheep—countiy 2 31c; Tennessee, 4c; shoata, 5(uJ>ic. Our quotations ore made up mainly from the hugest and most responsible dealers iu the city, and may be relied on os correct. Whisky trade is dull but improving. MARKETS 11Y TELEGRAPH NOOK. Nkw Yobs, Sept 5.—Cotton firm; middling up land* 20c; Orleans 20,',; salsa 13 bales. Pboducx—Flour 5c better. Wheat 3c better. Corn a shade better. PaoviaioNti—Pork steady, mesa $13 75. Lard steady at \,c. Turpentine quiet at 61^51> s c. ltosin quiet $3 10£3 20 for strained. Freights firm. Financial—Stocks strong and very active. Gold Arm at 13Governments dull aud steady. Money easy at 3. Exchange—lung short ‘J*,. London, Bept. 5 —Consols 93V Bonds 93*» Frankfort, Sept. 5.—Bonds 97*,'. Pabis, Sept. 5.—Rentes 57f 30c. Liverpool. Sept. 5—noon.—Cotton opened Oriu uplands 9.' 4 @9. , a ; Orleans 9){@9V Eater—Cotton firm. Rales 12,000bales; for specu lation and export 3,000. HrcodRiuffs firm; rod winter wheat 11s Id. Com 29s 9d. AFTEUNOON. Nbw York, Hcpt, 6.—Cotton strong; sales 3,532 bales; uplands 20c; Orleans20*,c. Flour—Southern steadier; common to fair extra $5 65(0 f, GO; good to choice $5 66@$9. Whisky steady at 93c. Wheat lfe)2c better; winter red «c-stern $1 4<Hft $1 46. Corn firmer at G6)i<gG7c. Rice firm 8\@»\c. Pork heavy at $13 50@13G7V Lard quiet; kettle 93« o. Naval stores quiet; tallow steady. Freights active. Money abundant at 2(^3; discounts 6(<ji7; sterling 8\@8J* for primo hank; 9' 4 for sight. Gold 13} 4 (t} Governments steady. State bonds active Tennessee* firm; new South Carolina* strong; Lou- isians Levees of *83 sold for 85; Tennessee* 74, 74; Virginias C3; new 70; Louisiana* 05, uow levee* 71; 8s 82; Alabama* 100, 5s 08; Georgias 82, 7s 91; North Carolinas 44, new 25; South Carolina# 74, new 53. LiVEarooL, Sept. 5. — Evening.— Cotton closed firm. Yams and fabrics at Manchester quiet aud firm. London, September 5—Evening.—Securities t changed. I/kikville, September 5.—Bagging quiet; heavy brands held at 18<S25c. Flour in fair demand. Corn steady. Pork $12 50. Shoulders 6’ 4 c; aidos 7'«07 / l a 'c Lard 9Hfel0c. Whisky 900-910. Cincinnati, Sept. 5.—Flour dull aud unohanged, Corn dull and drooping at Al@69c. Pork—holders firm at $12 37S012 50. Lard held *t8;«09c. Bacon firm; shoulders 6 ! <o; sides 7\ ®7V>. Whisky in good demand at 90c. Nbw Orleans, Sept. 6.—Cotton—Middlings 18>,@ I8\o. Net receipts 319; sales 1300; stock 2,531. Charleston, Kept. 5.—Cotton—Middlings 18c.— net receipts 65 balee; stock 8,598. Augusta, Sept. 5.—Cotton-Middlings 18\c.— Net receipts 40 bales; sales 100. Savannah, September 5 —Cotton—Low middlings Xc. Net receipts 25 bales; sales 100; stock 3,126. Mobile, September 5.—Cotton—Middlings 18X4> 18\c. Net receipts 168 bales; gross 72; sales 125, stock 5,814. LATE8T. New York, September 6.—Government bond*— fie of 81 aud 5-20* of 62 and 67 off >»'; 81s 18. 64a, coupon, 14;%; 65* 147%; new l ; # 07s 13,V 68* 14*;; 10-40* 11*. lUmtcl Uincone ftbucrtiscmcnis.. Georgia—Fulton County. Fulton 8ur»toR Court—April Term, 1871. Martha F. Utah George A. KyaN. ) Libel for Divorce in said Court, the Court that service of said libel be made on Mid George a. Kyan, by publication ot thia order in any public gazette in this State once a mouth for four mouths, previous to the next term of thia Court. Granted by the Court J. M. Calhoun h Son., Plaintiff '.. Attorney. A true Extract from the minute* of said Oourt W. It. VENABLE. Clerk. MARTIN INSTITUTE, Jefferson, Jackson Co., Georgia. IHE FALL TERM of the y MONDAY, the 21st Wednesday, the 16th, aa it wss announced. We think that very few if any matitoUoits of tbs — *- * nents equal oi.th. ... .i .-Jiiced about third by the endowment, and the quiet, moral and studious bahtUof th* pupil* cannot be excelled. Our applications front abroad are already nume rous, aud those wishing to secure board wbl do well immcdai.ly. For full uiturouUuc oUro IToi J. W. GLENN. Prof. 8. P. OUR, ot J IS. S. RANDOLPH. su«7 wlm. Sue. Uour.1 ofTru.tea 825.00 Saved! *25.00 Saved! PRICES AUD TEEMS OF WILSON SHUTTLE Sewing Machines. UHDEBPEED NETT CASH. $10 PB MO. $5 PR MO. No. 5, Plain Table $ 45 $ 55 tGO. No. 0, half-ease, pin bx 50 fill c5. No. 7. do fan'/ 63 65 70. No. 7, Folding covet 70 80 Na. 8, Full Cabinet. 1U0 110 No. 8, Folding Cover. 120 WARRANTED FIVE YEARS BY WILSON SEWING MACHINE CO as durable, made of as good material aa any Machine in the world, and that it will do as elegant work. W. H. GRIFFIN. Gen. Agent, 32 Peachtree Street, Atlanta, Ga. CITY FLOURING MILLS, dTLimi, OKOHBWjt. If all tilings are equal, why not putra ize home manufacture i I HAVE furnished my Mills throughout with NEW and IMPROVED MACHINERY, aad am now grinding new wheat, and am prepared to and will E iarantee ovary pound of flour that 1 Hell to come lly up to representation; otherwise, it can be ship, ped back to me at my expense. I am prepared to furnish the trade, in any quantity, in sacks, half sacks or quarter sacks: PRIDE OF DIXIE, from choke white wheat. CITY MILLS FAMILY, from selected red wheat. CAPITOL MILLS FAMILY. STAR MILLS FAMILY. BRAN, sacked or unsacked. J. B. BATTLER, Proprietor, augll 2m JOHN MILLEDGE, Jr., ATTORNEY AT LAW. Office in Grant’s Building, corner ot Marietta and llrosd streets. Practices in the Courts of tho city and county. Tlie I AM GLAD HE HAS COME. ’ lM the SIwt«- of Georgia. I CAN now cane your chairs, aud make them look new for tho same you will p«y for a bottom. No charge for varnishing chairs when I cuie them, and I warrant all UphoMoriufi JPumilmr* Mcpmirlmg-, tie., to give satisfaction. Furniture covers cut, made and a fit warranted. Hair and spring mattresses made to order. All kinds of household furniture and ui>- holstery done at the shortest notioe. I have re moved to DeGive’s Opera House, under Maysnn’s Auction Ware room, on Marietta street. O. B. BROWN. apl6-6m Late of Richmond. Va. CHIC KE RIJNG PIANOS! TUE UNDERSIGNED BEING TUE GENERAL STATE AGENT For the WORLD RENOWNED Ghickering Pianofortes Is prepared to furnish these aduilrablo ‘instruments from STOCK KEPT AT 1US MUSIC STORE • ou DIRECT FROM THE FACTORY, As partion may desire. CATALOG UK HOOKS, (Mviug PRICE, DESCRIPTION and ENGRAVING o each style, sent, post-paid, to any party, on applica tion. JUanufeieturertt CertMcate and U'arranly ACCOMPANIES EACH INSTRUMENT. ED WHY FAXON, STEAM ENGINES. fnrnish Strain use, ot any rpHE undersigned Is prepared to fun X Kngtnes for Saw Mills or Plantation aiae de Hired, of the Most Improved Styles and Beat Makers, the shortest notice, giving guarantee to all sold. ON HAND FOR 8ALE ; One 16-horse Engine and Haw Mill, complete. Has been used sixty days. Also—One New Portable Engine, 6-horse power. Will be sold at a bargain. A. MURPHY. sag30 lm Atlanta, Ga. HV». .IMCNfC, Painter ms* Derosa tor, KFIC’K .b,iv. w, o. jKk’,. Whttntull r turns thanks to hhi old patrons for fortnei 1, and hopes by atteutioa to bust a ess to merits inanee of the ran ap86-ly University of JYnshvUie, Tenn. V OUN DKD 17 8 5. mHE CollcgUte Department and Academy open A 4th SEPTEMBER uexL Discipline Military Tuition, board, washing, fuel from $150 to $176 per “ ““ '3BOOL opens 4th October. 1871. Appfiv to e o 500 barrels Hour; car load MoJepim-h ; Coffee : » valuable pair of Mules and Dray : a first c'ae* second-hand Family Carriage, tor c«sh or on time, untU October or Novenibr ; Also. lUOcityor mburbau vacant building lots. Tertna easy. Apply to A. X. 8EAOO. Cor. Forsyth and Mitohell st’s. dAw Atlanta, 0