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The Daily Herald THURSDAY. JUNE 12, 1873. THE HERALD PlfBLISHCiO COMPANY, ALKY. ST. CLAIR-ABRAMS, HENRY W. GRADY, II. A. ALSTON, d Manajer*. THJ5 TKRM8 of th* HERALD are as follows : DAILY. 1 Year $10 00 I WEEKLY, 1 Year. ..$2 00 DAILY 6 Month*... 6 00 j WEEKLY, 6 Month* 1 0C DAILY, 3 Month*... 2 50 | WEEKLY, 3 Montn* 60 DAILY. 1 Month.... 1 00 1 Advertisement* inserted at moderate rate*. Sub scriptions and advertisements ‘^variably in advance. Add re a* HERALD PUBLISHING CO., Drawer 23 Atlanta, Georgia, office on Alabama Street, near Broad. TO ADVERTISERS. The beaa fide circulation of (he Daily Herald la larger than that of the Consti tution. The bona fide circulation of the Dally Herald le moie tnan doabre that of the Sun. We are pi pared to verify tli*» claim from onr books. TUB OPELIKA TRAGEDY-SEVERAL CORRESPONDENTS ANSWERED. BISHOP HAVEN AND THE CATHOLIC CHURCH IN MEXICO. There was one part of Bishop Haven’s re ally excellent, instructive and eloquent lec ture on Mexico, which onr rej orter, probably from a desire not to wound the feelings of any one, did not refer to, and which we deeply regret was spoken. We mean th «t part in which the able speaker indulged in a little of the stereotyped abase of the Catholic Church. Bishop Haven has certainly lived long enough in Mexico to know that the Catholic Church is in no way responsible for the unfortunate condition of the country. Whatever of edu cation, of religion, and of civilization are to be found in Mexico, are due to that church. As long as the church party retained power, Mexico progressed; the moment revolution drove them ont and the anarchists took pos session the country retrograded. Mexico is cursed by a set of men who can not comprehend modern progress; who care nothing about religion in any form or shape; whose civilization is that of the bandit, and whose government is anarchy. They hate the Catholic Church because it will not tolerate licentiousness, robbery, mur der and anarchy; and the moment the Church party pregains power they combine together, overthrow it and inaugurate another era of misrule and misery. Factions renew their hatred of each other, and a series of revolutions follow in rapid succession, paralyzing industry, forbidding enter- prize, and driving backwards into barbarism one of the most fertile and beautiful countries on tlfe face of the earth. For years the Church party has been impo tent, and yet what has been the result. Ex cepting to plunder the Catholic churches, plunder the citizens, and get up revolutions, the so-called Liberal leaders have done nothing. It is, of course, quite natural for Bishop Havens to desire the conversion of all Mexicans to Protestantism; but he can cher ish this desire without doing injustice to a rival church. It is quite possible that some of the Mexican priests are iguorant, and some even licentious men; but it is equally possible that some Protestant preachers are ignorant and impure. It is, however, scarcely fair to charge the church with the offenses of a few. When this is done it becomes intolerance and bigotry, and we condemn the spirit that gen erates these qualities as unworthy of the age we live in. What Mexico needs is not conversion from the Catholic Church ; but a strong centralized government, such as j oor Maximilian tried to give her, and would have given her but for the influence of the United States Government She stands in need of a ruler who will hang or shoot every miscreant who starts on a career of robberry, murder and rapiue in the name of liberty. When she obtains such a man it is not altogether impossible that the Catholic Church will be found aiding in the work of making the country prosperous and happy, in spreading the blessings of education and in inculcating in the minds of the youth of Mexico a knowledge of those arts and sciences which have made our civilization so grand. We repeat oar regret that the Bishop Haven should have yielded to sectarian prejudices, and thus partly marred the effect of a lecture otherwise so instructive and entertaining. For our part we have alluded to the matter not from any sec'arian bias; because the Herald has no prejudices in favor of any church. Our motives has been to dispel any erroneous im pression which may have been formed by Bishop Haven’s discourse. We have been a careful and attentive student of Mexican history, and are familiar with all the events which have transpired in that wretched re public; and while we do not say that the church party has been altogether blameless, we do assert, from a thorough knowledge of all the causes of quarrel and dissension, that had it remained in power, Mexico would this day be the peer of the United States. We have received numerous letters request ing ns to explain the Hooper-Phillips affair at Opelika, the waiters not having read the letter giving an account of the killing. The facts are simply these: On the evening of the killing we received a dispatch from Opeli ka, which stated that Hooper bad shot Mr. Phillips because the latter had “circulated reports injurious to the character of an esti mable young iady.” As all reports which tend to injure the character of an estimable person are necessarily slanders, we concluded that Mr. Phillips had slandered the young lady, and thereupon we proceeded to write an srticle justifying Hooper. However, before the article was priuted we received a letter from Opelika, written by one of the most prominent citizens of the town, which gave to the tragedy an entirely differ ent appearance. The writer gave an account of the origin of the difficulty, as he had heard it. He stated that Mr. Phillips had been a witness of improper conduct on the part of Hooper and the young lady; that be had remonstrated with Hooper and that consequently the story of his improprieties became current; that be charged Phillips with having circu lated it; that Phillips denied having done so, but attributed its circulation to some negroes who had also seen the parties together, and that finding something bad to be done to silence the scandal, Hooper killed Phillips. In the testimony given by Mr. Boss this statement is repeated in every particular, with some additions not fit for publication. Another witness swore that he had seen the parties together, and had heard them engage in the .most immoral conversation; that sub sequently Hooper had admitted to him his improper conduct with the young woman in question. Whether true or not, we cannot say, but the testimony as given in the pre liminary examination was infinitely more damaging than anything written by our cor respondent. It seems, however, that public feeling in Opelika had been (as it still is,) very much against Hooper; and the defense, probably for the want of something better, tried to get up an excitement over our correspondents letter. “Opelika’s” letter was denounced as “indecent,” and he was charged with having grossly slandered the young lady, notwith standing the fact that he had merely made public the scandal which led to the killing, without naming the young lady and without making any charge whatever against her. The object evi dently was to direct public attention from Hooper and direct it to the young woman, and an obscure penny-a-line newspaper at Opelika was enlisted in the dirty work. The Hebald> however, declined to become a party to any such project. It was base, it was unmanly and it was nnchivalric, to thus attempt to thrust forward an unfortunate girl, already given a sad notoriety, and use her as a screen for Hooper. Whereupon the penny-a-liner tried to provoke us into a row, by making ugly faces at us and calling the Herald hard names. But as there was no manner of necessity for us to prove our war like and beligerent qualities, wa declined to knock the chip off the shoulder of the irate penny-a-liner, and treated his ab surdities with contempt, and he is probably biting his thumb with rage at this writing, and awaiting, cocked revolver in hand, forth© day when we shall visit Opelika and give him an opportunitj' to “Hooper” us in the name of slandered innocence and the Hooper family. Wherefore it is that we have determine^, not to visit Opelika for some time; since we under stand that the judiciary in Alabama is rascally radical. Our correspondents can now understand the case. It may be proper to add, as an indica tion of public sentiment in Opelika, that since the publication of our correspondents letter we have added more than forty names to onr list of daily subscribers there, and not one of the old subscribers has stopped his paper. and the defendant excepted. In our judg ment it was tho province and duty of the Court to control the entries on its own docket, and if incorrectly made to have the same cor rected, which the Court did by reinstating the case on the docket. But, while we do not control the action of tho Court in regu lating the entries on its docket, it is not to be understood that the defendant is to be con cluded on the trial of the case, by the action of the Court in .reinstating it on the docket, from pleading and proving the alleged agree ment and settlement of the case, and that it was to be dismissed in pursuance r *t the al leged agreement, provided he « au do so, and that the entry was in fact made on the docket in pursuance of that agreement between the parties. Let the judgment of the Court be low be affirmed. C. S. Bartlet, for plaintiff in error. J. A. Billups, represented by N. J. Ham mond, for defendant. Fleming Jordan, Solicitor General, vs. E. W. Baynes et nl. Forfeiture of bond, from Jasper. WARREN, C. J. It appears from the record in this case that the bond of one Digby, who was indicted for murder, and his securities had been forfeited, scire facias was issued thereon against the securities, and whilst the same was pending and before judgment, the General Assembly passed an Act relieving the securities from all liability on said bond on the payment of all costa. The defendants having pleaded the Act to the scire facias pending against them, the Court decided that the securities should be discharged from their liability on 6aid bond upon their paying to the Solicitor Gen eral the sum of five dollars for his costs, and the Court costs due on tho scire facias. Whereupon the Solicitor General expected. In our judgment tho Solicitor General was entitled to the five dollars allowed him by law for the proceeding by scire facias to en force the recognizance, and no more, except such fees as are allowed him by law’ to be taxed as Court costs, and which the secu rities were bound to pay under the Act. The Solicitor General claims that he had a vested right iu the bond to the amount of five per cent of the sum due thereoD, of which the General Assembly, by tho passage of the Act in question, could not deprive him. This was a debt due to the State, and not a debt due to the Solicitor General, either in his official capacity or otherwise, and being a debt due to the State, it was competent for the General Assembly to relieve the securities from the payment of it on such terms as they might deem proper. There was no judgment on the scire facias, and if there had been, it is not perceived how they could have vested in the .Solicitor General a right to re ceive five per cent, on tho amount of the bond. The law gives to him as his fees for any amount collected on proceedings to enforce a recognizance five per cent., as au officer of the State, and that is all. Let the judgment of the Court below ba af firmed. Fleming Jordan, Solicitor General, for plaintiff in error. C. L. Bartlet, for defendants. THE PRESS IN FRANCE. Marshal MacMahon’s government has com mitted its first blunder in snppressing one newspaper and proposing to subsidize others, le Corsaire, the paper suppressed, was a red Republican organ, the delight of the Communists and the joy of the Sans Culloites. Its suppression, will make the fortune of the proprietor*. They will briDg it ont under Le something else, and everybody will rush to buy it. Nothing delights a French oppo sition editor so much as to suppress his jour nal; nothing else so quickly makes him a popular ideal. When Rochefoit first pub lished La Lanleme, it was scarcely read; but the moment the police suppressed one edition, it became famous. Everybody was anxious to read it, and the consequence was, that its brntal witticisms; its filthy inuendoes against os pure a woulan as the Empress Eugenie; and its scandalous attacks upon the Impe- rialiat leaders, were read by thousands. Its unwise suppression mads Rochefort’s fortune, and gave him an influence he did not de serve, and a power which finally sent him to the Assembly with that poetical lunatic, Victor Hugo. There is no power in France so great as that of the press; no individual so powerful as the editor. France te, in fact, the Paradise of journalists. This influence, however, is lim ited to the opposition press. French admin istration organs and their editors seldom or never possess influence with the masses, be cause they are invariably subsidised. It is °®*7 *fcen, as with do Cassagnac, the imperi alist. journalist, the editor is a man who backs his words with his sword that he becomes per sonally influential. Tho proposition of Mac- Mahon's Minister of the Interior to subsidise the press will consequently fail to help his government. It will, however, if carried into effect, show on what side the President leans—whether Bonapartist or Legitimist. Miss Mink, the woman accused of the mur der of Dr. Baker, in Maine, refused to leave the oonrt-room at the close of her examina tion, and the officers were compelled to take her oat by force. Some disappointed juniors at Yale have started a rival fSkull and Bones, using the same name and pin, but, to avoid difficulties, adding the mystic number 135 to the ioecrip- iion upon the latter. Supreme Court Decisions. Delivered at Atlanta, June 10, 1873. AS OFFICIALLY REPORTED BY CAPTAIN HENRY JACKSON, SUPREME COURT REPORTER. Sarah E. Kenuan vs. Thomas Johnson. In junction, from Baldwin. WARNER, C. J. This was a bill filed by the complainant against the defendants as executor and exe cutrix of A. H. Kenan, deceased, to marshal the assets of the estate of the testator, al leging the same to be insolvent, and praying for an injunction, and that the defendant, Sarah E. Kenan, the widow and executrix of the deceased, be enjoined from proseenting her claim for dower out of the land of which her deceased husband died, seized and pos sessed at the time of his death. The defendant, Sarah E. Kenaii, answered the complainant’s bill and showed cause why the injunction should not be granted restraining her from prosecuting her claim for dower. The Court, on t ie hearing of the motion for the injunc tion granted the same, and the widow except ed to that part of the order which restrained her from prosecutiug her claim for dower. The only allegation made in the complain ant’s bill in bar of her right to dower, is that “said Sarah E. Kenan, widow, executrix, and legatee as aforesaid, after possessing and en joying the assets of said estate to a large amount in excess of her lawful dower, and wasting the same by pleading, and otherwise, hath made application to the Superior Court to set apart her dower in said estate.” This allegation is expressly denied by the defend ant in her answer, which was not contradicted at the bearing. But, independent of the de fendant’s answer, there is nothing alleged in the complainant’s bill, (considering tbe will of tbe testator as a part thereof) which, un der the law of this State, would have barred the widow of her legal right to dower in the land of her deceased husband.—Code, 1754. Equity is ancillary, not antagonistic to the law ; hence equity follows the law where the rule of law is applicable, and the analogy of the law, where no rulo is directly applicable. Code 3024. The widow of the deceased tes tator had the legal right to her dower in one- third part of the land of which her husband died, seized and possessed at the time of his death, unless that right was barred in the manner prescribed by the law. There being nothing alleged in tne complainant’s bill, which, under the law, would bar her of her dower, the Court below erred in restraining her by injunction from prosecuting her legal right to have it assigned to her. Let the judgment of the Court below be reversed. Wm. McKinley, for plaintiff in error. Crawford A Williamson, for defendant. E. W. Baynes vs. Joel A. Billups, Adminis trator. Motion, from Jasper. WARNER, C. J. In this case there was an entry made on the bench docket of the Superior Court m the handwriting of the presiding Judge opposite the case, “Dismissed by order of plaintiff's attorney, October term, 1870,” and also the following entry thereon: “Received the Clerk’s cost in the opposite case, signed by the Clerk of the Court. At the August term of the Court, 1872, the plaintiff's attorney made a motion to set aside said entry of dis missal on the docket, on the ground that it was an error and unauthorized. The defend ant in the case objected, and made a motion to enter a judgment of dismissal, by order of plaintiff’s attorney on the minutes of the Court nunc pro tunc, which the Court refused and the defendant excepted. The defendant then tendered an issue denying that said en try of dismissal was an error and unauthor ized, but that the same was made under an agreement and understanding between the defendant, plaintiff and plaintiffs attorney, that if defendant would pay the earn of $2,700 00 on the notes sued on, it should op erate ae a payment and settlement oi the whole debt of $5,400 00, and that said case should be dismissed. The * Court refused to allow the issue tendered to be tried by a jury, Augustus Studdard vs. Samuel Lemons. Claim, from Morgan. WARNER, C. J. ^This was a claim case which was tried iu the Court below, and a verdict finding the lland levied on subject to the plaintiff’s execu tion . A motion was made for a new trial, which was overruled, and the claimant .ex cepted. The plaintiff levied an attachment on the defendant’s land on the 8th of Decem ber, 1800, obtained judgment thereon 10th March, 1871, execution issued upon that judgment and was levied on the land 29th August, 1871. The claimant 'purchased the land at a United States Marshal’s sale and claims title under tho Marshal’s deed to him, dated 7th February, 1871. The judgment under which the Marshal sold tbe land was obtained in the United States District Court 29th September, 1808, execution issued there on 2d November, 1808, and was levied by the Marshal on the land, 7th January, 1871, and sold by him 7th February, 1871. The ven dor’s lien and the homestead questions, both being out of the case, the only question made before this Court on the argument was as to the validity of the Marshal’s levy on the land when it had already been levied on by an at tachment issued by the Stato Court. The judg ment obtained in United States District Court is of older dato than the date of the levy of the U. States District Court execution by the Marshal. This question does not appear to have been made or decided in the Court be low, but it appears from the evidence in the Jrecord of the plaintiff in the attachment, judgment was present at the Marshal’s sale, where the claimant purchased tho land, and took no proceedings to prevent l he sale of the land under the Marshal’s levy, n.ir made any objections thereto; and the Marshal having sold the land apparently under the prescribed forms of law in satisfaction of the oldest judg ment lien against the defendant, the claimant as a purchaser at that sale obtained a good title to the land, although there may have been an irregularity in making the levy on the land by the Marshal, when the land had been previously attached by process from the Stato Court—Code 2586. In our judgment the Court below erred in overruling the motion for a new trial, in view of the facts disclosed in tbe record. Let the judgment of the court below be reversed. |Reese A Reese for plaintiff in error. JA. G. A F. C. Foster for defendant in p!rror. T. G. Campbell vs. The State. Misdemeanor, from McIntosh. WARNER, C. J. The defendant was indicted for the offense of false imprisonment, in that he issued a warrant of commitment, as a Justice of the Peace, against one Fisher, who was alleged to have been in contempt of the Justices’s Court in not paying the costs of a criminal prosecu tion which bad been instituted in said Justice’s Court, and ordering tho said Fisher to stand committed until the costs were paid, and who was committed to tho common jail of the county under said order and warrant. On tho trial the defendant, under the charge of the Court to the jury, was found guilty. Various exceptions were taken to tho rulings of the Court in the progress of the trial, which are now assigned for error here. The 4300th section of tho Code declares that “The arrest, confinement, or detention of a person or citizen, by the warrant, mandate, or process of a magistrate, being manifestly il legal, and showing malice, and oppression, the said Magistrate shall be removed from office; and such Magistrate, and all and every person or persons knowingly and maliciously concerned therein, shall be punished,” etc. The motion for a continuance of tho case, was properly overruled, in view of the facts disclosed in the record. Then the panel of forty-eight jnrois was put upon the defend ant, he challenged the array on the ground that the jarors were not drawn according to law. This challenge to the array necessarily involved the twenty-four jurors who had been empaneled by the Court, and who constituted a part of the panel of the forty eight put upon the defendant. Were they drawn and organ* ized according to law ? It appears from the record, that on the 28tli of February, 1872, the presiding Judge of the Circuit passed an order appointing Commis sioners to revise tho jury box of McIntosh county. It also appears that the jury box for that county had been revised by the Commissioners on the 13th Jane, 1870, and that two years had not ex pired up to tho time of the order of the Judge to revise it, but whether other juries had been drawn for the April Term of the Court as provided by an Act of 1869, tho record does not inform us. But it does appear in the record, that after revising tho jury box under tho order of the* Court, the Commis sioners, and tho Ordinary, with the Clerk, did proceed to draw grand and petit jurors for the next approaching term of the April Adjourned Court, on the 14th day of March, 1872. This we presume was done under the provisions of the third section of the Act of 1869. Whether that jury was legally drawn or not, we ore unable to say from the confused and unsatisfactory state ment of facts disclosed by the record. But conceding tho juries wero regularly and legally drawn, tho next question that arises in the case is as to tho legal power and au thority of tbe-Court to purge that jury in the manner disclosed by tho record, and to com- p 1 tbe defendant to solect his jury from the twenty-four so purged and composing a part of the panel of the forty-eight ? It appears from the record that on the first day of the Court, and after the Court had been organ ized, a motion was made to have the jurv purged to ascertain whether they were intel ligent and upright jurors. The Court ap pointed a committee of throe to toko out And examine the jarors to see if they came up to the standard stated by the Court, to-wit: Whether they could read the Constitution of the United States and the Constitution of this State, and write. After the committee had privately examined tho jarors, they reported to the Court that there wero eight oolored men and two white men who oould not read and write according to the views of the Court. Whereupon the Court excused them from serving at that term of the Court, and ordered the Sheriff to fill up the panels with jarors from the jury list who could come up to the standard as ruled by the Court, which was done. The twenty-four jurors, thus purged by the order of the Court, constituted a part of tho panel of the forty-eight put up on the defendant, instead of those selected by the Ordinary, Clerk of the Superior Court, and the three Commissioners, and drnwt^ from the jury box to serve as jurors for that term of the Court. The law gives to the officers specified in the Act of 1809 the power and authority to judge of and to select from the book of the Receiver ot Tax Returns, “upright and intelligent per sons” to serve as jurors, and not the Superior Court or the Judge thereof. The challenge to the array of the jarors put upon the defendant in this case was well taken and should have been allowed by the Court, and it was error to compel him to se lect his jury therefrom. Ten of the jarors constituting the panel put upon the defend ant wero not selected and drawn according to law’ for tho reasons before stated and that was a distinct ground of challenge made to them. The defendant was indicted under the 4300 section of the Code for false im prisonment, under color of legal process, as specified in that section. He was not in dicted under the 4132 section for malpractice in office as Justice of the Peace, and, there fore, was not entitled to the right of appear ing and being heard before the grand jury when the bill of indictment was found against him. The Court charged the jury, amongst other things: “If you find from the testi mony and the warrant that it was manifestly illegal, the law presumes malice, as the law presumes every officer knows the law, and will act in comformity thereto iu the issuing of any warrant, mandate, or process.” This charge of the Court, in view of the statute under which the defendant was indicted, was error. The warrant of commitment must not only have been manifestly illegal, but the arrest, confinement and detention of Fisher under it should have been shown to have been malicious and oppressive. The law does not presume malice against a judi cial officer because he renders an illegal judgment, or because, in the discharge of his official functions, he does an illegal act; nor does the statute under w’hich tbe defendant was indicted so contemplate. The arrest, confinement and detention of a person by the warrant, mandate, or process oi a magis trate being manifestly illegal and showing malice and oppression, are the words of the statute. The law docs not presume malice against the magistrate from his mere illegal act in issuing the warrant of commitment, but that presumption may arise from his conduct when taken in connection therewith. Let the judgment of the Court below be re-1 versed. W. B. Gaulden, Amos T. Akennan, Hill A Conley, for plaintiff in erior. Albert R. Lamar, Solicitor General, repre sented by A. B. Smith, lor the State. Thomas Johnson vs. Walter H. Mitchell et aL, defendants in fi. fa., and Robert II. McComb,- claimant. Levy and claim, from Baldwin. McCAY, J. 1. When, on the trial of a claim case, it ap pears that the defendant, after the date of the judgment, had conveyed the land to the claim ant, and I was introduced to pvove that some years previous to the date of the judgment he had bought the land from defendant and paid the consideration money, but had taken no deed or other writing, and tnat the deed made to the claimant by defendant was made at his (the witness) request; that ho had sold the land to the claimant and received the consid eration, and the defendant had, at his request, made the deed to the claimant, in pursuance of the purchase and payment several years be fore the judgment. Held, that J was a competent witness un der the evidence, Act of 1860, notwithstand ing the death of the defendant, the maker of the deed. 2. That the testimony was not illegal under the rule that express trusts must be iu writing. 3. When the Judge of the Superior Court has granted a new trial, on the ground that the verdict is contrary to the evidence, this Court will not Interfere to reverse his judg ment, even though there be some evidence to sustain the verdict, it not appearing that the Judge has abused the discretion granted him by law in such cases. Judgment affirmed. Wm. McKinley, for plaintiff in error. L. H. Briscoe; Samlford A Furman, rep resented by Jackson A Clarke, for defend ants. ■trect, Atlanta, Ga. Rural Southerner. necessary that he should bo again arraigned on the new trial. Judgment affirmed. A. P.-Adams, represented by H. B. Tomp kins, for plaintifi in error. Albert R. Lamar, Solicitor General, repre sented by A. B. Smith, for the StAte. Joseph Smith vs. T. J. Mason, Tax Collector, ^atur .trect*. Illegality, from Jones. TRIPPE, J. Before tbe passage of tho act of August 24th, 1872, there was no authority in auj offi cer to transfer au execution for taxes so as to entitle the transferee to enforce the samo by levy and sale of the property of the defend ant. Judgment reversed. W. A. Lofton, represented by Z. D. Harri son for plaintiff in error. C. L. Bartlett for defendant. R. A. Reid vs. J. B. Whitfield, et ah New trial, from Jasper. TRIPPE, J. 1. Where several grounds are taken in a motion for a new trial, and tho Court grants the motioD, without stating on what ground, if there be any one of the grounds on which, if the Court had rested its judgment, this Court would not interfere, tho order grauting the uow trial will be allowed to stand. 2. Where tho plea of payment is filed, and tho evidence is conflicting whether a check given by one of the defendants was accepted in payment of the debt sued on, and the Court grants a new trial on the ground, amongst others, that the verdict is against tho weight of the evidence, this Court will not interfere with the discretion of the Judge so granting the new trial, unless the evidence be so strongly in favor of the verdict as to show au abuse of that discretion. Judgment affirmed. F. Jordan, Key A Preston, for plaintiff' in error. C. L Bartlett, tor defendant. L. N. Callaway et at., vs. the Mayor and Al dermen of Mllledgeville. Case from Bald win. TRIPPE, J. A municipal corporation which has, w ith out authority of law, levied and collected a license fee for retailing spirituous liquors, is liable to au action by the party paying the same for the recovery of the amount of tbe fee thus paid. Judgment reversed. I. L. Harris, Sandford A Furman, for plaintiff in error. L. II. Briscoe, represented by Z. D. Harri son, for defendant. Geo. Flemister, vs. the State. Perjury, trom Morgan. TRIPPE, J. Where the issue on a trial of an indictment for perjury w’as whether the defendant swore wilfully, absolutely, knowingly and falsely, iu swearing that he did not make and deliver a promissory note to the prosecutor, nor au thorize any one else to make the note for him, and it w’as in evidence that the defend ant could not read or w’rite, and that the note was written and signed by a third party though at tho request of defendant and read to him. It was error in tho Court to refuse to permit the defendant to .prove that “it was the understanding of the parties to the paper w’hich was executed that the same was not in tended as a note, but simply as a memoran dum of au agreement to submit a controversy to arbitration.” Judgment reversed. Billups A Brobston for plaintiff in error. Fleming Jordan, Solicitor General for the State. et al., ATLANTA PAPER MILLS. A tlanta paper mills—j as. ormond pko- pmetob. For “News/’ w« refer to this iasue of this paper. APOTHECARIES. Wholesale and Retail Druggist, at the Old Stand, Peachtree street. AGRICULTURAL WAREHOUSES. GUNS, PISTOLS, Etc. munition, etc., Whitehall street, near Depot. AUCTIONEERS. i and Dealer in Furniture, Marietta street. HAG M A 5VFACTORY. BOOKSELLERS AND STATIONERS. sellers. Stationers and Pia tionery, 105 W’hitehall Street. BUSINESS COLLEGES. corner Broad and Alabama streets, Atlanta, Ga. standard institution, the largest and best practi cal business school in tho South. For circulars, etc., address B. F. Moore, A.M. Presi.l. nt. B " [lASTMAN’S ATLANTA BUSUIBB3 COLJ J Detwiler A: Magee, Managers. Comer Lit Peachtree streets. Three hundred Graduates r position. BANKS. B ANK OF THE STATE OF GEOKUU—F. M. Co ker, President; W. W. Bell, Cashier. Paper dis counted. Deposits received. Foreign and Domestic Exchange bought and sold. Checks on all points in Europe, iu sums to suit. *5* Agents for the Inman and Cunard Steamship Lines. First class and steerage tickets ai lowest rates. I Hats, Ceps, Furs, etc.., No. 1 James Bank Block, Whitehall street. NO. M. HOLBROOK, Dealer tn Hat*. Caps, Fur*, and all the latest novelties in hi* line, White hall street, Atlanta, Ga. I PICTURES AND FRAMES. 37 !i Whitehall Street, Atl»nte, a». 1’AINTS, OILS, OL-VSS, ETC. REAL ESTATE AOEATS. * i HARDWARE AND CUTLERY. riAOMMEY, STEWART k BECK. lUrdw.re Mer- X. chants, corner Decatur and Pryor streets, op posite the Kimhnil House. _ _ id Hardware, Cirrisge Materiel and Mill Stones, 43 Whitehall street. w. ri^HOS. M. CLARKE k CO., Importers and Whole- X sale dealers in Hardware, Cutlery. Harness and Iron Good* of all description*, Peachtree *treet. Largest stock in the city. ICE HOUSES. JEWELRY. SILVER WARE. G EO. W. ADAIR, Well street, Kimb.ll Boo. r - S^.^sW ^ W ALLACE A FOWLER, Alabama ttrea, opposite Herald Office. SEWING MACHINE AGENCIES. ' EEWING MACHINE Office, Corner Broad and Marietta Si*. The “Fast Gain- H OWARD A SOULE, Wheeler A Wilson ScwiDg Machine Sale* Room, No. 25 Marietta street. Latest style pattern* constantly on hand. rpHE 8INGKB DBOP-LEAF - SEWING MACHINE. JL Best Sewing Machine made. R. T. Smilie Agent, corner Broad and Alabama street*. Ware. Agent for the Arundel Febble Spectacle*. 60 Whitehall street. INSURANCE ACENTS. A S. SALOSH1N, Bankers a I.JT* National Hotel. Exchai^e G Money to loan. ri^UE DOLLAR SAVINGS - BANK, No. 2 Kimball X House. W’iliiam Gordon, president; Jus. M. Willis, cashier. Jno. T. Grant, president; Pcriuo Brown, cash’: NO. H. JAMES, Banker, James’ Block. James M. Ball, President, W. W. Clayton, Cash street. Atlanta, Ga. A tlanta department life associatio of America. Officers—T. L. Langston, Pre dent; C. L. Redwine, Vice-President; J. H. Morga Secretary; General L. J. Gartrell, Attorney; Willia G. Drake, Medical Examiner. Broad street, corn Alabama. P. O. Box 276. W T. WATERS, General Iusurauce Agent, 37hi • Whitehall street, represents Girard, Mau- hatten A Alps. BOOTS AND SHOES. Macon and Augusta Railroad Company vs. Clayton Vaughn. Case, from Baldwin/ McCAY, J. When in a suit, against a Railroad Company, for killing the plaintiff’s mule by the negligent running of its trains, it .appeared that the mule was found dead near the tracks one morning, under circumstances indicating that it had been killed by the train, which had passed that way during the. previous night, aud it further appeared, that the place w here the mule was killed w’as in a field, into which the plain tiff had turned it, with other stock, to graze, and that said field was a common enclosure of the plaintiff's land and the railroad track—the plaintiff’s fence on two sides, running over the right-of-w’ay to the track, and with cattle pits across the track: Held, That under such circumstances the railroad company was not liable for killing the mule, unless there was some actual neg ligence of the persons managing the train, and it appearing affirmatively by the evidence, (without contradiction) that there was no negligence or want of care, aud the jury hav ing found for the plaintiff, the Judge ought to have granted a new trial. Judgment reversed. L. H. Brisco, Geo. F. Pierce, represented by Z. D. HarrisoD, for plaintiff in error. Crawford A Williamson, for defendant. Boots aud Shoes, Leather aud Shoe Findings, 8ign of the Golden Boot, 39 Feachtrec street, Atlanta, Georgia. 1HARLLS A. CHOATE. Kimball House, comer _ * all street., General Agent of New York Equitable. SALOONS. street. Finest liquors in the city. Bourbon Whisky. L EE SMITH'S Saloon, Marietta street, the very best of liquor* mixed in the best stylo. STOVE AND HOUSIFUrWkTnbIoDDS. UNDERTAKERS. C 1HAS. R. GROOMS. Undertaker, Hearses nrompi- / ly sent when requested. WHITE GOODS, NOTIONS, ETC. UrM. RICH A CO., Wholesale Notions. WThite Good*. *" Mlllinerv and Fancv IS TTi>r»tnr TIT F. PECK & CO., Wholesale White Goods, Notions, AJ Hosiery and Gloves, Kimball House. ^_ CARPETS, MATTINGS, ETC. S S. KENDRICKS .V SONS. Tlic* largest supply of • Carpets, Oilcloths and Matting to bo found in the city. Marietta street. CARRIAGE MANUFACTORY. - Elizabeth A. Manor vs. Jag. 11. Slati Complaint, from Bullock. TRIPPE, J. Plaintiffs in ejectment introduced iu evi dence a deed for the premises in dispute, from Samuel Slater to Annie Slater during her life with romainder to her children by William Slater, and proved the death of their mother, Annie Slater. The deed bears (late January 1st, 1849. Defendant introduced a deed dated Decem ber 4th, 1849, to the same premises from An nie Slater aud William Slater, her husband, to Elmore Maner—and one from the repre sentatives of Maner to Waters, with a trans fer of the last deed to defendant. It was not in evidence that Samuel Slater w’as ever in possession of the premises nor any title in him, nor that Annie Slater ever accepted the deed from him, or that she and her husband held under him, or recognized the title as ever being in him, nor that the deed was ever j streets, in the possession of Annie Slater, or of any one under whom defendant claims. Hf.ld, That tho evidence does not show a tiffs and defendant claim, and that no title is shown in the plaintiffs’ to entitle them to a recovery. Judgment reversed. Rufus E. Lester, A. II. Smith, by brief, for plaintiffs in error. No appearance for defendant. A. Wagons, Ac. beyond the Bridge, FINNEY, Manufacturer of and dealer iu Carriages, Buggies, Wagons, Sewiug Machine Send for Price List. Broad6treet, just Wagons aud Buggies, Decatur street. J. FORD, Carriage and Pryor streets. COMMISSION MERCHANTS. Pryor and Hunter Streets, acceptance, made on goods i ding accompany Drafts. SEYMOURA - ommission Merchants, and Dealers iu all kinds of Produce, No. 83 Whitehall Street. Atlanta, Georgia. Orders aud consignments solicited. Re turns made promptly. X AWRENCK A ATKINSON, Grocers aud Comm\6- A eion Merchants, Peachtree Street, Atlanta, Ga, Consignments solicited. mission Merchant, c I'cer and G' r Forsyth a ALDIE, EWING A Grain and all kiud c bama street, Atlanta, Ga. ■ > R> PAYNE A co., Cotnutsa X\ • Dealers iu Paper, Fauer Ba; Paper stock, old metal, hides, et' Atlanta, Ga. No. 2 Wall street, Kimball House. Oldest Insurance Agency in the city. B. DAVIS, Fire Insurance, School Furniture, X J- GLENN A SON, Attorneys at Law, practice X J* iu all the State Courts and iu the United States Courts. Office over James’ Bank. Law, corner Whitehall and Alabama street*, np WOOD ENGRAVING. i Wood, corner fcachtrc-e and Marietta, up stairs. MISCELLANEOUS. H ER‘ LD PUBLISHING COMPANY. Alabama street, near Broad. All kinds of Job Work neatly and promptly executed. T HE WEEKLY' HERALD, an Eight Page Paper, containing 56 columns, the largest and most in teresting paper in the State. YTT H. TURNER, Dealer in Human flair, and Man- V r • ufacturcrs of Human Hlir Goods and Hair Jew elry, 15 Whitehall street, Atlanta, Ga. r Whitehall, Atlanta, Ga. . for Kerosene Stoves, Pratt’s Washing Machine. Clothes Wrings Sheet Iron and Enameled Ware, Whitehall street.* 3 • ture. Office corner of Peachtree and Marietta. i rietta street, up stairs, practice* ATLANTA WATER CUR Dr. F. Kalow, Comer of Hunter and Belle Strut E. T° f I on Merchants aud s, Twines, Rope, 33 Pryor street. , Marietta street. and Alabama streets (up stairs*, Atlanta. Ga. attention to the prosecution of claims agains State of Georgia and United States. Office No. 1 Aus toil's Building, up stairs. J. B. Walker vs. Win. II. Whitehead. From Baker County, involving Tax Affidavit question. Motion by Col. R. K. Hines to have tbe Judge of Supreme Court of the United States made Judge of Supreme Court of Georgia. Motion resisted l.y Judge Lyons on the £> "hints in Grain, Prov ground that the Supremo Court of tho United : syih street, near w. A A. r. r. States had no jurisdiction of cause, and be cause he intended to m.xkc a motion for re-. ,, • ~ acquirement iu the Supreme Court ol' the duce b £, United States. j »"**™°*' Fc . Motion to be argued during the present term of the Supremo Court of Georgia when! the case comes up in order. Judge Warner ! is opposed to having the question of jurisdic tion of the Supremo Court of the United States argued in this Court. Other Judges are willing to hear the question of jurisdiction and not to allow mandate of tho Supreme Court of the United Stales to bo entered on the docket until after the argument of the counsel. There was considerable interest manifested iu this case, and other poiuls were made by Judge Lyon, but as this matter is to be again argued, we defer our report until that term. Merchauls iu Grain ami Produce, ilundies pro load without expense. Yellow Front, Ken- it. Atlanta. Ga. CLOTHIERS AND TAILORS. DR. J. A. TAYLOR, Of Atlanta, Gcorgii DR. R. A. HOOKE, Of Chattanooga, Tenn. A. J. S. Jackson, Guardian, vs. Samuel C. Hitchcock, Certiorari, from Greene. McCAY, J. Samuel C. Hitchcock having been appoint ed guardian of Isby Hudson, by tho Ordinary of Sumter county, moved his guardianship iu terms of the law to Hancock county. On the arrival of Hudson to the age of fourteen years, Hitchcock was, by petition, removed on the ground that Hudson was now’ fourteen years old, and had chosen another guardian. This was done in the county of Hancock. Soon after, A. J. S. Jackson was appointed guardi an of Hudson, whose residence was then in Greene county. Jackson, tho new guardiaD, cited Hitch cock, who resided in Fulton county, before the Ordinary of Greeno county to account. Hitchcock acknowledged servicetof the citation but did not appear, and on an exparte hear ing tho Ordinary gave a judgement against ^ o OM ^ n Hitchcock. An execution was issued and I mile* froin^Monristownr'BL ?! levied, and Hitchcock filed an affidavit of ille- j been splendidly fitted up for the summer gality on the grouud that tho Ordinary of j of 1873, MINERAL HILL. SALINE, SOLPHUB, ALEM, AND Chalybeate Springs! mills FATOKITE SUMMER RESORT, SITUATED X near Bean’s Station, East Tennessee, and nine A- Ya. Railroad, has just Greene county had no jurisdiction to call him to account. OUR SULPHURS! Hum 1 Tlmf n« OrJinoi-w , (Red, White and Black), Alum and Chalybeate Waters, HELD I, mat as the Ordinary of Greeno need no comment, as their effects are generally known iYITm.v inn net. Iinve tho l-ofinr/l —1.1 i .. . . .. county did not bavo the record of Hitchcock's guardianship, and as Hitchcock had never been appointed by him or been iu any way subject to his jurisdiction, said Ordinary had no power to call him to account or to give a judgment against him. Held 2, That the acknowledgment of ser vice of the citation was no waiver of the juris diction, and ns Hitchcock did not appear or plead to tho citation, tho judgment was void, and tho remedy by affidavit of illegality may be used to make the question of juris diction. Judgment affirmed. KdwardL. Lewis, .John C. lleed, for plain tiff in error. Benj. F. Abbott, for defendant. Mitchell Cogswell vs. The State. Murder, from Chatham. McCAY, J. 1. It is not orror in tho Judge of tho Supe rior Court to refuso to conlinue a criminal case on tho ground of tho nbsence of a wit ness, it not appearing teat the witness has been snbpmnaea, and no reason is given why he was not. 2. When, on a motion for now trial, one of the grounds insisted on was, that one of the jury who tried the cause was asleep during a portion of the trial, and no affidavits were filed with the motion, but it wits proposed to show by parol, at the hearing, that such was the fact, and the Court refnsed to hear tho witnesses, and refused also tho new trial. Held, That the proofs ought to be made as a part of the motion, in writing, by affida vits attached, and that a new trial ought not, in any event, to be granted on such a ground unless it affirmatively appeared lhat tho pris oner and hie oonnsel did not know the jury man was asleep before the jury retired to find a verdict. 3. When a prisoner was regularly arraigned and pleaded not gnilty, ana was tried and found gnilty and a now trial granted, it is not OUR SALINE SPRING! better known as Black Water, which is magical iu its specific effects in cases of RHEUMATISM, SCROFULA, DYSPEPSIA, all Diseases of tho Blood and Skin, and especially adapted to the Disease* of Femalos. HOT AND COLD SULPHUR BATHS! the cool and bracing mountain air, together with the MAGNIFICENT MOUNTAIN SCENERY, tend to make this cno of tho most pleasant Bummer resorta in tho Bif" These Springs arc accessible by daily hack line*. Parties desiring to visit us will stop at Turley House, Morristown, and call for William A. Dickiuson, propri etor Hack Lino to Mineral Hill. Address DUS. TAYLOIt & HOOKE, PnoPRiKTOBS, Beau’s Station, East Tennessee. HALE C’ELEBRATXD SULPHUR AND CHALYBEATE Springs, NEAR ROCERSVILLE, TENNESSEE. mill* FAVORITE WATERING PLACE ANI) PLEA- X ant hummer Resort will bo otwn for visitor* May l*t, 1873. TERMS: Board per Day Board per Week..,. Board per Month.. $1 60 9 00 . 30 00 4ST Special torm* for ftpulio*. To those having Scrofula, Dyspepsia, Kiduey am Mercurial Diseases, Geueral Debility, etc., wo nay Como and be enred ! It. F. & E. P. POWELL. ap27 Proprietor*. r the National. House. Full Line of j oods always \VT II* LOWE k CO.. Dealer and Manufacturer of " • Ready Made Clothing, old stand, Whitehall straWU QttiSS, TOBACCO, ETC. dencG corner Peachtree and Han n OYAL A NUNNALLY, Attorney* at Law, Griffin Ga. deuce corner McDonough and Kich- H I ... Kimball House. Tractico tu all the court*. LIVERY AND SALE STABLES. I) R. Kalow, well known through hie rapil and wonderful cures, has returned to our city, and opened an establishment again, f r the cure of all Chronic Diseases, and he respectfully informs tho citizens of Atlanta and surrounding country, that he is prepared to cure Liver Complaint, Fever, Rheumatism. Neuralgia, Scboixla. Diseases Pecellu: to W. men, All Impurities of the Blood, Skin Disease*. Kidney and Bladder Complaints, Stoppage of the Water, Piles or all Kinds, Strictures, Gonorrhea, Eye and Ear Complaint after Measles, Scarlatina. As a proof of his success, the Doctor take* pleasure in referring to the following persons: Mr. J. W. Rucker, of the firm of Ch*pman, Rucker A: Co.. Major, W. B. Cox, Mr. T. J. Hightower, Gen. W. S. Walker, John and James Lynch, J. Fleischell, Hcerman A- Kuhrt. Mr. Schulhaefer, Dr. M. Mitchell, Superior Vicar, Mr. Turner, of Brooklyn, Father Marony, Philadelphia. Rev. Mr. Smith. Macon, Col. Gauidcu, Quitman. Mies Dunwocdy, Darien, Mr. White,Conga*. Outside of hi* Institution he will treat all Acute Diseases with great success. This method of treat ment is the most rapid, safest and only sure cure. Particular attention given to the cure of Summer Complaint, and Teething Period of Children. Menin gitis i» not dangerous when taken in time. Th»- treatment gives a white and soft skin, and everybody wil learn to treat his family for ACUTE. DISEASES. id Horses for sale. BELL k CO., id i hand. Broad Tobacco. Finest brands alway. street, near Bridge. J MADSEN, 51 Whitehall street. Manufacturer and • Importer of Cigars and Tobacco, Wholesale and Retail. tC 1!. MOSES. Authorized Agent for iinportol li.i. ’’ • vana Cigars, No. 4 Kimball House Block, and Kimball House Cigar stand. I OHN FICKEN, Manufacturer, Importer and Dealer iu Fine Cigars, Pipes, Tobacco, Snuff Boxes aud Smokers Articles, No. 17 Peachtree street, Atlanta, Whitehall street, t CONTRACTORS COPPER. BRASS AND IRON. Bn Coppersmith*, s Fitters and Sheet n on site tho Sun Building. Founders, Finishers, G Workers, Broad street, cpp< All work done promptly. H UNNIcUT k BELLING BATHS. Gas Fitters, Brass Workers, and dealers in Stoves, Marietta street, Atlanta. CROCKERY AND CLASSWARE. M cBRIDE A CO., Wholesale dealers in Crockery, Glass amt Lartbenw.-uv. Kimball House. L aw a CO., Wholesale crockery. Marietta street near Br CANDY AND CRACKERS. W. JACK, Steam Candy aud ' tory, Whitehall street. Atlunta. H LEWIS’ STF.AM BAKERY jflWllfclW— all • Narietie* of Crackers, Cakes. Suappa, etc. South Forsyth street. J NO. PEEL, Confectionery aud Fruit*. Fancy Bakery. Also, Bar aud Restaurant by Peel k Knowles. Nos. 26 and 28 Marietta street. , Blinds, Mouldings, he., Broad street. LIQUORS. L AG Eli BEER BREWERY. City Brewery, corner Collins and Harris streets. Lager Beer, Ale and Beer, Fcchter, Mercer & Co., office in Old Post Office Building, Atlanta. Ga, 1 'I LAYTON Vy Ga., Wl holcsale dealers in Foreign and Domesth Whiskies, Wines, Brandies, Rums, Gins, etc., and IPROI-IUKTORS OF TH* MOUNTAIN GAP WHISKIES- [ NO. M. HILL, Marietta street, Wholesale Dealer i R. C l 35 Whitehall street, Atlauta, Ga. MARBLE YARDS. DYE-WORKS. TXTII LIAM GRAY, Dealer in Foreign and American ’ * Marble. Mantles, Statuary aud Vases, Alabama street, Atlanta, G». MEDICAL. . W. T. PARK,"office No. 357, MUSIC AND MUSICAL INSTRUMENTS. id Strings. US Whitehall EXPERIENCED H E R C11 A N T AND Practical Accountant. Tho course of study includes Book-Keeping in all it* branches. Penmanship, Mathematics, Commercial Law, Business Corres pondence, Business Forms.Part- nership Settlement*. Bank ing, Telegraphy. Pho nography, Etc. THE TRANSACTIONS AND OPERATIONS IN THE Actual Business Department, are the moat complete and practical of the age I Qsr Student* Instructed separately and received at I any time. Business Advocate mailed fhex on appli- | cation. Address B. F, MOORE, President. tOOocm. -d6 STOP, STOP, STOP, STOP No. 7 MARIETTA STREET. R emember that george e. ward * co can sell "II hoi IE CHILDREN’S CLOTHINC elebrated pianos, 15 Whitehall NURSERYS. S OUTHERN NURSERY, irwiu and Thurmond proprietors. Propagator* and Dealer* in Fruit Tree*, Grape Vine*, Ornauieutal Shrubbery, Hot * Plants, etc. Xj o lido u Store, Marietta Street. NEW FIRM. DENTISTS. PRIVATE BOARDING HOUSES. 1 kit. JAMES ALLEN LINK. Dentist, corner White- X. " ball and Hunter streets, Atlanta, Ga. | ’ 1>. CARPENTER. Dentist, No. 00 Whitehall \I US. K. E. WILSON. South Pryor Street, between iJX Huntor aud Mitchell. IArgo front roou, with boaid. Day boarder* wanted. 11 K* SMITH’S, centrally located, nicely fnr- ifX ui*hod, carpeted rooms, walnut furniture, neat house, a table provided with the beat faro the markot 1 > D. BADGER, Surgeon Dentist, Peachtree utrect. IV Work promptly and neatly tin ished. affords. Call and examine. No. 7 x,' Whitehall 8treet. ,4 NTONIO TORRE, Dealer in Fruits, Vegetable* ZV. *nd Imported Wmes, No. 107 Whitehall street, TONH II. WEBB. No. 82 Whitehall, and 73 Broad fi atrect. Tablo supplied with the beat the market affords. mfRS. OVKRBV8 Hoarding Houit-HMT the IV R bridge, convenient to all the Churches, Poet Cilice, Library, etc. GROCERS. flOn UAHN A camp, Wholesale Grocers and I ll 1 Provision Dealers, 86 Whitehall Street, JJ, |J« 80 Brom d Street, Atlanta, Georgia. 4 PEW ladle* end gentlemen can be accommodated J\, with good board at Mrs. Overby’*, on Broad treet, ju*t aero— the bridge. "I fi88 GREEN, at the “Larendon House.’’ on iT 1. Peachtree street, can furnish pleasant room* to families or single person*. Day boarders also re ceived. fX! J * HIGHTOWER, Wholesale Grocer and Pro- X • vision Dealer, Corner Broad aud Whitehall St*., X> & G. T. DODD 4 CO., Wholesale G. ooors and • Provision Dealers, Corner Whitehall aud Mitch ell Streets, Atlanta. \\T T. LA INK, Family Grooene*. Also has a Jjf • Bakery attached. Furnlshea bridal cakea, etc., Marietta street, wo*t of Spring’s first store. PHOTOGRAPH GALLERY. LTI MITH fc MOTES, Photographic Gallery, over Pole's O Drug Store, on Whitehall street. Ft rat mast ehotographa, etc,, executed promptly, at reasonable •« Call and see specimen*. t. S. rKTKRJJOS. PETElvSON A SNYDER, Real Estate Agents and Auctioneers. S PECIAL attention given to conducting sale* of Real E«tate iu the city of Atlanta and vicinity by auction. J. S. PETERSON, Auctioneer. Office adjoiuing hardware store of T. M. Clarke Oo., on Liue street, near Peachtree. apridOm Time Extended. extend the time till the 15th iustaut, in which the CHANGE GUIS OF THE WESTERN JL ATLANTIC R. R. may be presented to be examined and aud.ted. After that date none will be received. Person* holding these bills will “take due notice and govern themaelv** accordingly. ” june 6 115th