Newspaper Page Text
rhe Daily Herald.
THUBSDAY, SEPTEMBER 11, 1873.
UK IIKRALD Pl'HLianilG COMPASV
I.K*. ST. CLAIR-ABItAJH.
,;MIV tV. GRADY,
. A. ALSTON,
,s *c|ns ? A
r «■ i i La
deci
“’•■111 LA Z
SDPREUK COl'Rf Of SkolSIA. ; it
Delivered in Atlanta, Tuesday, September 9,1873.
BY EERT JACK30N, SUPREME COURT REPORTER.
Ediun anti Uanacera.
THE TERMS of the HERALD at* u follom :
VILT 1 Tear *10 00 ! WEEKLY, 1 Yen'.. .*1 00
ltLT«Montfc.... 6 00 1 WEEKLY. « Month, 100
llLT, 1 Month.... 5 50 | WEEKLY. 3 Month. 50
VtLY, 1 Month.... 1 00 i ,
Advertisements inserted at
ipaout and advertisements *twtoMjja advonoe.
HERALD P®S“o2W
Drawer 23 Atlanta, Georgia.
AOo. on Alibiun. Street, new Browl.
Mr T. J. Burney is the only authorized
r»veiling Agent of the Herald.
Our State Exchanges.
The Ameiicni Bepoblicen of the 9th *»!• the
noont of cotton received In thi. pl*ce up to dele
nonato to 199 tnle. So fir It continue, to come in
trj alow, comparatively speaking.
lh» Borne Conrier. of Tuesday. »J«: the presence
r Miss 8. C. Howard, jesterday. on th* Fail Grounds
iperintending the arrangement of the coops, etc.,
ber gpiend.d coUection of fowls, was very ileas-
at and bespoke volumes to the credit of tbst young
When it is known that Miss Howard is one of
;e most elegant and accomplished ladies in the land,
te interest ■-* thus manifests in the Fair is pecu-
ariy grate'ul as well as graceful.
Jjhn F. Mason, sn old and worthy citizen of Floyd
»onty, was found dead in s stop with a alight gash in
is bead. _
TOC Cumm.rdAl of TucmUj >»5< th^ip to 0 o’clock
[ocd.p cTcnin*. there hid been MX hundred .ud
Lghty-ux entrie, of Mticle, foreihibiUon. Th. uutr.
or would h»vo bren targer. but it wm impoeelble to
redre mid properly d..poee of e greetor number
at/tes will be received to day •
The Commercial has this to say of the ccoking con
rs*: We give below the namee of the young ladies
rbo have entered for the prize of a eplendid cooking
t jv, a special premium offered by Meears. Scsy L
t alker, to be determined by the beat cooked dinner
a the ground: Misses Octavia Shropshire. Hattie
>Unsou. 8. J. Shropshire, Allie Camp, S. M. Ward-
i« *nd Seine C. Lumpkin.
Ei-Ooveruor Johnson gives notice that ho will de
icer a public lecture during each court in the Middle
*«trict on his fall riding.
The colored people have s Masonic Lodge in Macon,
ailed the Phenix Lodge.
We append below an important official circ ular and
tddrese of Grand Worthy Chief Templar, J. W. H.
[JoderwjoJ. to the Good Templars of Georgia:
Omci or the G. W. C. T.J
Rows, Ga , September 8. 1873. J
j 0 He ndent Order of Gotrl Templars c/ Gear-
, . _1L. at W. G. L. of the World having, by
In * ion at London, decided in effect that,
,, Jr v , well as elsewhere in the world, the
•t entitled to charters and all the prlv-
- . a of the Order, it becomes our duty to
ont, and absolve ourselves as early
from all connection with the
Grand Lodge of the World. By our
. e Order in this State is a white man’s
annot afford to affiliate with those who
t L . , ana, in my judgment, we ought not
:oald. By force of the recent ccnstitn-
;nU, the colored race have had bestow
al political rights, and . quality before
- , .y have not yet been raised to social
.a ihia ba done by the fiat of man.
... engaged in this vain endeavor will
i, .• t t themselves to the task of
a ordinance of nature, and
, | j the will of God. The difference is
t e God of the Universe, and ia not very
nged by man. I therefore recommend
(• instruct its delegates to the Grand
is tc sever their connection with the
iraud Lodge of the World as soon as
ith all others who agree with it. and
ares as are proper to form s Bight Wor-
igs of onr own, composea of those
sentiment I recommend that the
of the different Southern States
take early action on this subject. W’e
:•»?*. teo well to be willing to abandon the
ch good has been done by the order to
. ir: e fell destroyer. On'hopes of the re-
: r race from the evils of intemperance
i rv i< « given up. We mast stand by the
u i before this foul blot was put upon it
»-*od Templars, with our motto, ‘ "
Milton Malone ▼*. The-Sate. Murder, from'
Fulton.
WARNER, C. J.
The defendant wag indicted for the murder
of 1? rank Phillips, and pnt on his trial there*
for at the first term of the Court after the of
fense was alleged to hare been committed,
and indictment found. Daring the progress
of that trial, and before its termination, one
of the jurors was taken sick and a mistrial
was ordered by the Court for that cause.
During the same term of the Court, (the
Court being neld for several weeks,) the
case was again called up for trial, and an
other trial was had, which resulted in a ver
dict finding the defendant guilty. A motion
was made for a new trial on the several
grounds specified and set forth in the record,
which was overruled by the Court, and the
defendant excepted. When the case was
called the second time ft* trial the defendant
made a motion for a continuance on the ground
that the case could not legally be tried again
during the same term of the Court, that he
was then too sick to engage in the trial, and
also for the absence of Emma Gilmore, a ma
terial witness for him who had been sunpoenaed
and who was present and testified on the first
trial, stated the material facts expected to be
proved by her, that when she was first sub
poenaed she resided in the county, but did not
state that she then resided in the county, or
where she resided, that said witness was not
absent by his consent or procurement, that
he expected to be able to procure her testi
mony at the next term of the Court, that the
application was not made for delay, but to
enable him to obtain the testimony of said
absent witness. There is nothing in the laws
of the State which prohibited the Court from
proceeding with the secoud trial, as it did;
but, on the contrary, it was its duty to have
done so, provided the term of the Court
would extend to such a length of time as
would allow the trial to be had. As to the
sickness of the defendant, the presiding
judge certifies “that when the case was called
at the appointed time for trial, it was stated
that the defendant was too sick to come into
Court. I summoned too physicians who,
under oath, disclosed that defendant was
suffering from the effects of alcohol, that
there was nervous derangement. I then
passed the case for a time, which was indi
cated by the physicians. When he was again
called on to announce, this affidavit was pre
sented. I asked his counsel if his condition
had grown worse, and they replied that it had
not. I then asked them if they had anything
farther to offer in support of the ground of
alleged sickness, and they said they had not
I was satisfied from all that had occurred in
ore the killing,
it aJrfled to m saloon keeper who
ptoClor iV
and said as he put
et, $rou Mill bear from me in fif-
The distance from the sa
loon to the house w’here the killing took
place is about three hundred yards. About
eight minutes thereafter defendant shot de
ceased in the house to which he went
There is some conflict in the evidence as to
what was said by the deceased alter the defen
is that one of the women of the house was
near defendant and demised when deceased
pnt his hand on her and remarked to de
fendant “you cannot have her,” or, as one
of the witnesses 8tates it the deceased laid
hie hand on the woman’s shoulder, and said
“Mr. Malone, you can’t have this girl.” An
other witness, Emma Gilmore, states that de
ceased put his hand oo his hip and said, “I
will shot you sou of a bitch, if you touch my
woman.” The evidence is pretty clear that the
decease was unarmed,as no weapon was seen in
his hands or found upon his person after bis
death. There is a conflict in the evidence as
to the position of the deceased at the time of
the shooting. Some of the witnesses state
that when defendant said he would shoot his
* God damned brains out,” deceased held up
his hands and said, “let him shoot.” Emma
a part of the account in a Justice's court —
to-wit: for the sun $44 47i and obtained
judgment therefor; from whiflb judgment an
appeal was taken to the 8up«rior Court. It
also appears that the plaintdfe subsequently
instituted suit against the defendant in the
Superior Court for the balance ot their ac
count, to-wit: for the sum of $121 37.
Both cases were pending in the Superior
Court, the one on the appeal and the other
on the common law docket The defendant
daut got there. The weight of the evidence filed a plea in abatement of the pendency of
a former suit for the same amount to the last
action instituted in the Superior Court, but
did not file it at the first term of the Court.
The parties entered into au agreement to sub
mit the two cases together to the decisiou of
the Court upon an agreed statement ol
facts. On heariog and considering the two
cases, ns submitted by the parties on the
agreed statements of facts, the Court dis
missed the suit instituted in tha Superior
Court for the recovery of that portion of the
account included therein, and allowed a
judgment to be taken in the other case which
is now pleaded in bar. From that judgment
ot the Court the plaintiffs sued out a writ of
error to this Court, aud upon the hearing
thereof the judgment of the Court below was
reversed, the legal effect of which vr*s to
place the two cases exactly iu the same posi-
MUM
f|lHE PROPRIETORS OF THE HERALD WILL
publish on next Bands? morning a full and ex-
Gilmore states that deceased had his hand on j tion as they were when submitted to the
his hip at the time he was shot, and said, “i judgment of the Court by the agreement of
will shoot,” etc. The main question involved the parties. There was uo final judgment
in the investigation before the jury was, then which the defendant could have pleaded
whether, under the evidence, the defendant! in bar of the plaintiff 's action. Thejudg-
was guilty of murder or voluntary roanslangh- j zr.ent of the Conrt coveted both cases sub-
ter
9 UA UJUIIIUA VIA * j - — —
—did the evidence show such a state cf mitted under the agreement, and when that
facts as would authorize the jury to find the
defendant guilty of murder? Murder, as
defined by our Code, is the unlawful
killing of a human being in the peace of the
State, by a person of sound memory and dis
cretion, with malice aforethought either ex
pressed or implied. Express malice h that
deliberate intention unlawfully to take away
the life of a fellow-creature, which is mani
fested by external circumstances capable of
proof. Malice shall be implied where no con
siderable provocation appears, and where all
the circumstances of the killing show au
abandoned and malignant heart. In orrie: to
Our
it it— Uni Order u it wa ” Heed
> to divert you from the great princi-
r—run after no strange gods.
Very respectfully,
J. W. H. Usdekwoop.
G. W. C. T. of Ga.
t R'iorter wants to know why in the
od, io’«r, energetic and industrious
come there and put up a shop?
doctor Frazier in this vicinity who in
1 important service to a sick French
U way toCaY.fornia,” will be interested
sr^a fortune awaits him in San Fran-
opeo Court, that the defendant was in a prop-
judgment was reversed there was no judg
ment in existence to be pleaded in bar; and
if one had been entered up in this appeal case,
the judgment of reversal by the Court va
cated it. There was no eiror in striking the
defendant’s plea in bar on the 8‘atement of
facts disclosed by tlie record.
Let the judgment of the Court below be
affirmed.
L. J. Winn, for p'aintiff in error.
Hill A Candler, lor defendants.
haustlve Review of ike trade of Atlanta for the year
closing on the 13th ol September. The paper will
contain articles on appropriate subjects from the lead
ing commercial men of Atlanta, and will show the de
velopment or decrease of every branch of industry in
Atlanta, and will, besides, have a synoptical statement
of the condition of tbs crops In every county of Geor
gia and Alabama that is tributary to Atlanta.
Thu following will be the geueral plsu of t!
APOTHECARIES.
C°
Doctur atreeu.
H *
Prechtre, .trret.
AGRICULTURAL WAREHOUSES.
the bridge, makes advances to planters. A full
llue of Agricultural Implemanta, Publishers of the
Rural Southerner.
St W8TOL8, file.
in Gnns, Rifles, Pistols and
der Flasks, Shot Belts, Am-
street, near Depot.
HARDWARE AND CUTLERY.
rilOXMEY. HTKWaRT A BKCK^ Hardware Mer-
X chants, comer Decatur and Pry° r streets, op
posite the Kimball House.
dealers in Hardware, Cutlery, Harness and
Iron Goods ot all dewcrtptkms Peachtree street.
Largest stock in the city.
AUCTIONEERS.
■oar Peachtree. Ad-
rtl C. MAYSON, Auction and Commission Merchant,
JH o and Dealer in Furniture, Marietta street.
BOOKSELLERS AND STATIONERS.
j psper;
sellers, Stationers and Piano Dealers.
tiouery, 10* Whitehall Street.
BUSINESS COLLEGES.
1 -The General Outlook.
E. Guthman vs. M. T. Castleberry. Distress
Warrant, from Fulton.
have reduced the killiug of the deceased, by WARNER, C. J.
the defendant, to the offense of voluntary I This was a distress warrant for rent, sued
manslaughter, there must have been some ! out by the landlord against his tenant. The
actual assault made by the dt-ceased upon the defendant filed a counter affi lavit denying
defendant, or an attempt by the dncea*ed to j tout the rent claimed was due. On the trial
have committed a serious personal injury on j of the issue in the Superior Court, the d-fen-
the person of defendant, or other equivalent ; dant a'leged that his goods had been dam-
circuinstances to justify the excitement of
pasoion and to exclude all idea of deliberation
or malice, either expressed or implied. Pro
vocation by words, threats, meuaces, or con
temptuous gestures, hhall, in no case, be suf
ficient to free the person killiug from the
guilt and crime of murder. Now, if we take
the evidence offered by the defendant in this
aged to a greater amount than the rent
claimed to be due, in consequence of the
leaky condition of thar.^of of the storehou-e
rented, and sought to recoup the same against
the plaintiff’s demand. The jury under the
charge of the Court found a verdict for the
plaintiff. A motion was made tor a new trial
on the grounds set forth in the record, which
Increase in CUy Propertiei*.
Increase in Groan Sales.
Opening of New Railroads.
Building aud General Information.
Water W'orks.
2d—General City Finances.
wJU BMUCUl C UUUICII ILU uutuuuuiiv iu '“1.1 , wu -
case, as to the words, threats menaces or < was overruled, aud the d fendaut excepted.
, z Macon man oa z visit to Borne,
is boas« in tbs former city had been
of silverware aud the following day
r from his wife giving an account of
task# had seen it in his slumbers,
i people declare tuerc's nothing in
ity Las a planter who say a he will give
undred healthy, vigorous caterpillars
cotton fleid. He says bu cotton crop
aited that he apprehends the loss of
by retting, if the caterpillars don’t
i* and allow the son to shine upon and
some generous planter elsewhere sc
ore an impostor by the name of Dolly
isita private residences end begs the
ee for his daughter who was ‘‘severely
»>■ since.” He carries his spoils to a
«them and becomes happy on old rye.
Grange at Greensboro.
KEtssEono, G.., Sept 8, 1873.
9B* or tub Herald:
Yotice, in the list of names of the
file*o -eensboro Grange No. 9, as giren
r 1 of the 6th inst, several errors
■ and herewith hand you a cor.
e same, to the end that the pnb-
may likewise be correct
Respectfully,
„ Granger.
Master—Judge Jas. B. Park.
Oveiseer-C.pt Oliver P. Daniel
Lecturer—W. H. Branch, Esq.
Steward—Capt L. B. Willis.
Assistant Btewart It. G. Carlton Esq.
Chaplain—Kev. C. H. Strickland.
Treasurer—Cant Jas. B. Sanders.
Secretary—CoL Jas. Davison.
Gate Keeper Jerry J. Sanders, Esq
Cere*—llitt Emma C. Jones.
Pomona—Miss Anna Linton.
Flora—Mrs. Dr. Morgan.
A Mammoth Loan.
Indianapolis Journal, September 4.
Considerable excitement was occasioned iu
milroad circles last evening over a rumor to
he effect that Thomas A. Scott had secured a
oan in Europe for $100,000,000, for the con
traction of the Southern Pacific Railroad.
Uihougb the rumor could not be traced to au
inthentic sonree, it received geueral credence,
rom the fact that the great railrond poUutate
vas known to be negotiating for such a loan,
ind that such negotiations were nndeiwtood to
w about completed gome days since. Mr.
-• j11 has beeu in Europe for several weeks
■ffecting a settlement of th. old Premont dif-
iculty, and making arrangemenl* ns above
itated. The Southern Pacific road when
completed, will open a new route pf .1-
noet incalculable value from the AU
antic to the Pacific seaboard. The line
r oper will begin at Shreveport, Louisiana,
rhich will be iLs eastern terminus, aud will
ixtend through the vast timber country of
lortbern Texas, the finest in the world,
hrough the entire length of New Mexico to
San Diego, California. Connections will be
nade at Shreveport with a road
rUQDUQg to
few Orleans, and one running to Bruuawick,
Florida, through Montgomery, Jdckson,
Vicksburg, etc., thus making almost an air
me across the continent. The road is built
nd in operation or constrnctiou nearly three
icndred miles west of Shreveport, and the
ntire line will undoubtedly be built io a
omparatively short space of time. This is
apposed to be one of the grandest feeney-
oaking enterprises in tbo prospective ever
ndertaken in this country, ns the company
as purchased a large number of grants and
nervations Along the line, and has under its
outrol an enormous amount of landed prop-
rty which, when properly developed, will
rove of incalculable value to the owners,
k. number of Indianapolis capitalists are in-
erested in this undertaking.
“Signor Balleni,” whose first exhibition at
Tiagara we have described at length, walked
cross the rope for a second time on Wednes-
ay afternoon, and again safely made the per
iods tnniblo into tho water, one hundred feet
elow. He is remunerated by a percentage of
be admission fees to Prospect Park, and a
olunUry contribution taken up on the Can-
da aide, and he promises to repeat his fool-
irdy exploits every Monday and Wednesday
o long as pleasant weather and an unbroken
eck may allow.
er condition to proceed with the triaL”
certificate of the presiding Judge as to the
sickness of the defendant, disposes of that
ground made in the showing for continuance.
Id relation to the absence of Emma Gilmore,
it appears in the record that a motion had
been made by the defendAnt on the first trial
to continue the case on account of her ab
sence, and others, which was overruled, and
when that was done, she did appear in Court
aud testified for the defendant, and in that
testimony disclosed facts which clearly indi
cate that her movements in coming lroin
Chattanooga hero to testify were controlled
by the friends of the defendant; in other
words, her testimony clearly shows that her
movements in at ending the Coart were regu
lated by the wishes of the defendant’s friends.
She had left the SUte before the triaL and
gone to Chattanooga. When the motion far
a continuance was overruled, on the first trial,
she returned here again in time to testify In
the case in favor of the detondanf, and is ab
sent again when the case is called for trial the
second time. These facta were all known to the
Conrt when the motiou for a continuance was
made at the second trial. The presiding Judge
certifies that he hud no doubt,from all that had
occurred before him in the progress of the case,
that the showing was for delay, and to avoid
a trial. Upon the former trial Emma Gilmore
! was produced and examined, and the circum
stances of her absence, and the means < m-
ployed to get her to be present at the trial
are shown in her testimony. The Court ad
mitted her testimony, taken down by the re
porter on the first trial, to be read in evidence
m favor of the defendant on the second triai.
The argument for the plaintiff in error is,
that when a defendant indicted for a criminal
offense, and a motion is made for a continu
ance at the term of the Conrt at which the
indictment is found on account of the ab
sence of a witness, and be complies with the
requirements of the 3,471 section of the Code
in making his affidavit for such continuance,
the Court has no discretion under the law but
to grant it. This argument is entirely too
comprehensive and proves too much as ap
plicable to the continuance of criminal cases,
or any other class, inasmuch as it would de
prive the Court of the power and authority to
exercise ite own judgment and discretion, as
to the continuance of any criminal case, and
make the defendant the judge thereof under
the law instead of the Court. If the defend
ant swears that the application for a continu
ance on account of the absence of a witness
is not made for (he purpose of deli, j, and the
presiding Judge should see the witness stand
ing in the court room, according to this ar
gument, he would have no discretion to be
exercised in refusing the application for a
continuance. This Hr hot the rule applicable
to tho continuance of either criminal or civil
cases, as we understand it The Superior
Courts are clothed by the Constitution and
laws of the State with original inriKdiction
for the trial of criminal cases, aha the Judges
thereof should have, and are presumed to
have, sufficient judgment and discretion to
make a practical application of the law re
lating to atry motion for the conthmanee of
a criminal case which may be made before
them; the law devolve* that dnty tipoo them,
and when they have exercised their judgment
and discretion ia vafoaisg a continuance this
Court will not cootroi is unless that discre
tion has been grossly atooaad. Ia Ihia case
• defendant and hie oonnaei knew that the
tnsae had loft the Stats after she had been
first subpoenaed, sad hod returned to the
SUte and testified Wk fimt triaL and when
gestures of the deceased towards the defend
ant at the time of the kiiliog. are the same
sufficient, under the law, to free the defend
ant from the guilt and crime of murder?
What are they? That the deceased pat his
hand on his hip, and said: “I will shoot, you
son of a bitch, if you touch my woman.”
These are the words, threats, menaces and
gestures which, it is claimed, under the law,
will free the defendant from the
guilt and crime of murde:
ing the deceased—only that and noth
ing more. This Court will avail itself of the
present occasion to announce to the public
from this Bench, with all the emphasis which
its judgment can iuip.trt. that provocation by
words, threats, meuac< s or contemptuous
gestures will in no cas-. be sufficient to free a
person who ki Is another by shooting him
Irour the nuilt and crime of murder. Tho
law so declares, and it is the imperative duty
of the Courts so to administer it, for the pro
tection of society au l human life. Mere
words, threats, menaces or coutemptuoas
gestures are' no considerable provocation
in the eyes of the law, and, there
fore, malice shall be implied. Wo find
no error in the refusal of the Court
to charge the jury as requested, or in the
charge ns given, in view of the evideu. e con
tained iu the record. Thechargeof iheConrr
3d-The Cotton Trade.
It appears from tho evid» nc« in the record
that the leak iu the roof of the storehouse
was occasioned by an extraordinary full of
snow, which filled up the gutters on the roof,
and caused the same to overflow; that the
same was repaired as soon as it could reason
ably have been done by the landlord. When
a branch ot this same case was before this
Court at the last term, it was held that if the
landlord failed to repair the roof of the store-
in shoot- house ( be landlord, under the provisions
of the Code, being bound to keep the rented
premises in repair) a'ter notice of its leaky
condition, and the defendant’s goods were
damaged thereby, be was entitled to recover
such damages lrom the plaintiff and have the
sADib deducted out of the amount of the rent j
claimed to be due, and that we think would
be the proper rule when the tenant has the
exclusive possession and control of the store
house rented. But ia this case, the evidence
shows that the landlord occupied the room
immediately over the room occupied by the
tenaut in the same building, and therefore
must be presumed to have known the condi
tion of the roof of the building ns well or
better than the tenant. Iu such a case, we
arc inclined to bold that notice by the tenant
to the landlord to repair the roof, would not
have been necessary, and if it had beeu
proved by the tenaut on the trial, that the
4th—CoiHlitioR of Bails
and Moneyed Institutions.
corner Drozd and Alabama atreeta, Atlanta, Ga.
atandard inatttution, the l»rg*at and b*«t practi
cal bustn«aa school to the South. For circulars, etc.,
addreas B. K. M'Hjre, A.M. President.
Detwiler k Magee, Manager#. Corner Line and
Peach trae streets. Three ha wired Graduates now in
position.
BANKS.
ANK OF THE ITATK OF GAO KOIA—F.' M’ 'Co
her. President; W. W. Bell. Caabier. Paper dia
counted. Deposits received. Foreign and Domeatic
Exchange bought and sold. Checks on all points in
Europe, iu earns to suit.
47* Agents* r the Inman and Cuuard Steamship
Lines. First class aud steerage tickets at lowest
rates.
( 'I AH. 8ALOHH1M, Bankers and Brokers, nezt tc
Xe National Hotel, kxehanga bought sad sold
Money to Iowa
npHE DOLLAR BA¥OtO» BANK, No. a kuubafr
X House. William Gordon, president; Jas.
Tilts, cashier.
! Hats, Caps, Furs, etc. 3o. 1 James Bank Block,
c.
Herald Office.
SIGN AND FRESCO PAINTING.
. . where orders will be attended to. Krueecr k
Bro. can be found at the office of the above. G. W.
Jacks, Whitehall street, Atlanta.
STOVE ANO HOUS:FURNISHING GOODS.
UNDERTAKERS.
r rent when requested.
WHITE COOD8, NOTIONS. ETC.
INSURANCE AGENTS.
•X-
E. GODFREY k HON, General Agents at. Louis
• Mutual Lire Insurance, and Royal of Liverpool,
Office 6* Whitehall street. Agents wanted.
_ and Life. London
gmia. Fire aud Marine. Cotton btates Life. Broad
street. Atlanta. Ga.
TLANTA DEPARTMENT LIFE ASSOCIATION
dent; C. L. Bed wine, Yiee-President; J. H. Morgan,
Secretary; General L. J. Gartrull, Attorney; Wi am
G. Drake, Medical Examinar. Broad street, corner
Alabama. P. O. Box *276.
Whitehall btreet. At-
U'M. RICH k CO., Wholesale Notions. White Goode,
’’ Millinery and Fancy Goods, 13 Decatur street.
X\T F. PECK k CO., Wholesale White Goods, Xoh
Hosiery and Gloves. Kimball House.
WOOD KXGRAVIXG.
j Wood, corner Peachtree and Marietta, np stair*
MISCELLANEOUS.
ana promptly executed.
Juc. T. Grsnt. president; Periwe Brown, cash’r
J NO. H. JAMES, Banker. James' Bterk.
TI.ANTA N.11UBU. DAhfc, COftUl. flilu.vuu
Uulud btita. Dtpoakrey. A- B.M.U, EreMdMit
W. H. Tull.r. CwM>r.'
BAG HA5(irACT«Rf.
BOOTS AND SHOES.
5th—-€r#f» Reports from
Georgia and Alabama,
Boots and Shoes, Leather and Shoe Findings,
Sign of the Golden Boot, "69 Peachtree street, Atlanta,
Georgia.
In Bouts and Shoes, Republic Block
OARPETS. MATTINCS. ETC.
fith—Atlanta’s Railroad
System.
7th—Onr Trade.
as to n returnable doubt of tire guilt ol tbo I r° of of ‘be ntnreliousc was in such a couih^J
delendant, was iu exact Accordance with the j *ion as not to have protected the goods there- TUB HEAD ESTATE MEN
ruling of this Court in the ca-e ol Long, vs. ! > n frrm wa'«“ r , nuder ordinary circumstances,
The State, 38lh Georgia Keports, 4'Jl. The ! ‘hat it would have been entitled to have re
doubt must be a doubt per'b.eut to th.- mat- | covered the damages sustained against the
they were notified that (he ,ea»J would be 4atied by the witnesses, made him guilty of
tried a wee their plain doty to heve the crime of murder under tho law, or guilty
-pplied for compulsory process to i*eve com
pelled her attendance, either to have had heir
retained in coatody to give evidence, or re
cognized for that porpoee. They had
ample time to have done ao, and they knew
the mipratoij ******
peet on th ii part. Ja view V eil She facte
disclosed Id this record, wo cannot Say that
the court Velow abased the discretion vested
in it by law in overruling the defendant's mo-
view altogether the count- r showing mi
the State, and have considered the m<
made for a continuance wholly independent
of that counter showing. There whs no error
in overruling the defendant’s plea AS to tbQ
grand jury that found (he btU of indictment.
The certificate of (he presiding Judge states
that all of the drawn grand jurors did not apt
pear, and that he filled np the jary
found the bill. The 8th section or the Act
of 1869 declares, "that when from ch.ITengO
or from any other oanse, there is not A A tithe
dent number of persona In attendance to com
plete the pacnel of grand jnrors, the Conrt
may order the Sheriff, or Ms deputy, to sum
mon persons qualified a* hereinbefore re
quired, esrfficlent te complete the paanel. "
There was no error in orerrnUnr (Be defend
ant's challenge to the array of juror* ant
upon him by the State et the last trial. The
presiding Judge certifies that theeeofeeel the
challenge contained in the first grsend at tbs
motion record on the first trieh andnet on
the ground that the last gronnd oooleiwcd tfi
the motion w,a made on the hut triab bwt ae
no proof was offered to sustain it, itwac over
ruled. pm dispoeea of the teokmeeLobjec-
tim end exception, mads b, Urn oeaaeel for
defendant, before the evidence in the am woe
submitted to the jury.
U appears from the evidewee « the record,
that the defendant shot the - - ^7 ’
honsa at tU-fiune, et night, ia the ear at At
lanta, in the month of August, l$7i It does
■°* eg/meri^r ftfewr in Aba evideacethst
the defendant oxkd k*ew M*fc other
before they met io tho* heaaa that i
we think it to be a fair inference
that they were net peeuMtaU? •
with each other, whether Um
er by eight only, ie naif
young men, deceM*}
two; deceased went to' ifre ,
after a short time defeudest came'
evidence ie that both had been drink
ing and were eomewhat excited by
liquor. It also appear* in the evidence
ler iniosue on the irial arising out of tbo evi
deuce, or tbe want of evidence. The charge of
the Court that drunk- uucns could be looked to,
to ascertain and determine the coud.tion uu.i
state of the defendant’s mind and to throw
lligbt upon the inquiry whether there was
malice, was quite as favorable a charge for
the delendant as he had a right to expect
under the law and facts of the case. Whether
the parties were strung* rs t- <*ach other, was
a question of fact for the jury, and if they
were, the law will imply malice where one
stranger kills another stranger without any
considerable provocation, the same ns if they
were not strangers, and there was no error iu
the refusal of the Conrt to charge the jury in
relation to that question. There was no error
as to the polling of the jury, on the statement
of facts certified to by tho presiding Judge.
When the jury brought in their verdict, de
fendant’s counsel requested to have them
polled. The Court directed the So!icitor
General to take the verdict aud read it in the
presence of the jury, that being done each
juror was called and asked by the Court of
the verdict as read was his verdict, and each
juror answered that it was. The complaint
is that the verdict was read to the jury by the
Solicitor General before they were polled.
The reading of the verdict in the hearing of
the jury was right, so as to enable each juror
to know what the verdict was before he was
asked the question if he agreed to that ver
dict. It does not affirmatively appear that
the bailiff who attended the jury did eat or
sleep in the room with the jury, and the pre
siding Judge certifies that he did not know
that he had done so. If such was the fact,
it was incumbent on the defendant to have
shown it by competent evidence, which the
record fails to disclose. There is sufficient
evidence in the record to sustain the verdict
of the jury—they were the exclusive judges
of the credibility of tbe witnesses who were
sworn on the trial of the case, and there was
no error in overru’ing the motion for a
new trial on the ground that the verdict
was contrary to the evidence, and the weight
of tbe evidence, according to the repeated
rating* ot this Goort ia similar cases. Tbe
faefc ia, the kiiliog of the deceased by the de
fendant was not disputed on the trial, and
(he only question for the jury was whether
tbe killing under tbe circum.sUuces ns de-
of an inferior grade ot homicide, aud they
having passed upon that question, we cannot
say that their verdict was not right under the
law and facts of the case. Tbe Court did
not err iw overruling the motion for a new
trial on the ground of newly disoovered evi
dence. 1 Tlte newly disoovered evidence is
nteiHy cumulative, and n new trial will not
be granted for newly discovered evidence
merely cmnnlative in its character. What is
camoLrttire evidence? Evidence is cumula
tion for a continuance. In oor judgment oa trre when it goes to the fact principally con-
thia branch of the caae, we have left out qf bro verted on the trial, and respecting which
Ike party flaking for a new trial produced tes
timouy no (be trial of the cause. Grubb vs.
&oih, $7tk Ga. Hep-. 409. The newly dis-
gOMfiPd testimony of Stokes relates to the
sameTXacu which were controverted on the
(rial as to what the parties said and did at
the time of the shooting, and the same re
mark may be made as to the newly discov
ered evjdcucc as to the defendant's bav-
1'VOl, * r ’ * et CApt* BljUUJIVU ».-» VU ‘UO UCICUUtlUl H UUV-
with ta]«* jurors a* provided by the- loq bean fiririking, there was evidence of bis
Act of 1869, and tbe jury Ihoa mads up having been drinking on the trial. If
the newly discovered evidence had been in
•trtrffnceil oo the trial, it is not at all proba-
%P» th« it conld have produced or that it
Migbt t* have produced a different result un
der the law. The plea of insanity was not
relsed'-ffn-ri* tbe trial, and it is too late now to
1kH h«ek open that defense after the trial,
when the faeia now sought to eatabliah it
could aa well have been ascertained before
tbe triaL hy the. exercise of ordinary dili
gence, aaeince tbe trial, if indeod be waa in
sane before tbe lulling, which the newly dis
oovered evidence tails to establish, and ft
does not show that he was insane at tbe time
ofthe killing. After a careful and laborious
examination of the evidence contained in tbe
record, and the several grounds taken in the
motion for a new trial, we arc all of the opin
ion that the judgment of the Court below te-
fnsing a new trial, ahonld be affirmed.
Let the judgment of the Coart below be
W. A. Hawkins, J. F. Fou, Gartrell and
Stephens, Hill and Candler, D. F. Hill, for
tH*tntiffi ia error.
John I. (Mean, Solicitor General, H. D.
Spencer, Thrasher t Thiaiber, for the State.
T. Finney v«. Tommey A Stewart,
plaint, from Fntton.
WaBNER, c. j.
Com-
The error complained of in this case Is that
tbe court below overruled the defendant’s
3 - . - '
__ bkr of tbs plain tiff's suit and ordered
t&e same id be stricken. It appears from tbe
record that tbe plaintiffs bad sold goods to
tbe defendant, and had instituted a suit on
plaintiff’s claim lor rent, but there
ilence of that kind in ite record which w.*old
have authoriz-d the Court to have so charged
the jury. If the teaant desires t > protect
himself from loss or damage by accidents
whi2b revolt from unforseeu aud extraordi
nary enus'-s. he must go btipulate iu lii« con
tract ut the time of renting. There is no
evidence in the record that the storehouse
was not iu a ten.in table condition on account
of the roof but for the extraordinary fall of
snow, which caust-d it to leak os before
stated. The plaintiffs own goods iu the
room above the one occupied by tbe defend
ant were damaged more than the defendant’s
by tbe same cause.
Let the judgmeut of the Court below be
Hfiirmed.
S. Weil, for plaintiff in error.
Jackson Jk Clarke, lor defendant.
THE WHOLESALE GROCERY TRADE.
THE COMMISSION MERCHANTS.
THE WHOLESALE DRY GOODS MEN.
WH* -LK8ALE DEALERS IN WHITE GOODS.
Amelia Murphy and William Chambers vi
The State. Bigamy, etc., from Cuytcn.
WARNER, C. J.
Amelia Murphy was indicted for the of
fense of bigamy, and William Chambers
was indicted for the offense of mar
rying another man’s wife—both were
found guilty, and a motion for a new’
trial in each case was made on the grounds
set forth in the respective motions therefor,
which were overruled, and tbe defendants
excepted. Both cases were argued together
before this Court, and the only question made
was whether Amelia Murphy was a lawful
married woman at the time Chambers mar
ried her. The marriage of Amelia aud Jock
Murphy was proved by witnesses who were
present at their marriage, aud that they
were married by a preacher aud minister
of the Gospel, who said he bad a license to
marry them, but no license was produced or
offered iu evidence. It is insisted that, in or
der to prove a legal marriage of the parties, a
license from the Ordinary should have been
proven at tbe trial, and that the minister who
married them was an ordained minister
of the Gospel. In Cook versos the State,
(11th Georgia Reports, 54,) this Court held
that in prosecution for bigamy, adultery, or
incestuous adultery, that the admissions of a
defendant as to the fact of bis marriage were
admissible in evidence, and that it w as not
necessary to prove a marriage in fact. In
that case the point was made that the marriage
shoud be proved by the record ot the license
and return thereon. In this case the mar
riage is not proved by the admissions of
the defendant, but a marriage iu fact is prov
ed by the witneuses who were present at tbe
time it took ploee. On the authority of
Cook vs. tbe State tbe marriage of Jack and
Amelia Murphy was a iuwful marriage ac
cording to the evidence, without proofs of tbe
license from the Ordinary. The 1708th sec
tion of the Code declares that a marriage
valid in other respects, a&d supposed by tbe
parties to be valid, shall not be affected by a
want of authority in the minister, or Justice
to solemuize the same. Tbe record does not
show that a motion was made in the Court
below for a new trial on the ground of newly
discovered evidence, or that the Court ren
dered any judgment as to that ground, in
either ease. Tbe verdict iu both oases being
right under tbo law fcnd tbe evidence, tbe
motion for a new trial in either esse was
properly overrated.
Let the judgment of the Court below in
both cases be affirmed.
A. W. Hammond A Son, Speer A Stewart,
W. L. Waterson, for plaintiff in error.
John T. Glenn, Solicitor General, for the
State.
-►r-*
Captain Jack's Dbum.—Capt. E. M. Camp,
of the 12th Infantry, this morning presented
to the Society of California Pioneers the most
notable trophy taken from the Modocs during
the late campaign, being a war dram found at
tbe month of Captain Jaok's cave, upon the
evacuation of the Lava Beds. The drum waa
made by using the four sides of a small box,
about as large asm candle box-—say two feet in
length, one foot deep, and about eighteen
inches in width. The bottom and cover be
ing removed, a fresh ox hide woe drawn tight
ly over each side, and seonfcljr fastened with
thongs of the same. On drying, the hide
shrank, and the result was a rude though so
norous dram, which tbe Modocs any wee the
only one tbev hud. Before abandoning the
instrument the Indians out a large hois in
each end, thus rendering it almost worthless
as a drum. The holes, however, serve to show
more clearly the eonatruotlon of th* dram,
proving tbe frame to have been srlgi—Hy in
tended fer other purposes by amkreciillfcvated
people. Tbe box ia of sawed boards, neatly
put together end fastened with eiubt-penny
nails. The Indians utilised it for a peculiar
purpose, rendering it an object of especial in
terest; thus an ordinary candle-box becomes
a memento of one of the mast noteworthy
conflicts of modern times.—Says rhdhcisco
Bulletin,
THE BOOT AND SHOE TRADE.
WHOLESALE CANDY FACTORIES.
THE INSURANCE MEN.
THE PAPER MILLS.
THE HARDWARE DEALERS.
THE FLOURING MILLS.
PLANING MILLS AND FURNITURE FACTORIES.
MISCELLANEOUS INDUSTRIES.
WHOLESALE LIQUOR HOUSES.
CROCKERY AND GLASSWARE TRADE.
THE DRUG AND PHARMACY TRADE.
THE PAINT, OIL A VARNISH BUSINESS.
WHOLESALE A RETAIL CLOTHING.
THE RETAIL GROCERY TRADE.
THE RETAIL DRY GOODS TRADE.
THE AUCTION MARTS.
THE HORSE AND MULE TRADE.
BOOKS, MUSICAL INSTRUMENTS AND
STATIONERY.
THE AGRICULTURAL IMPLEMENT AND
FARM SUPPLY TRADE.
THE HOTELS.
THE HAT TRADE.
THE JUNK MEN AND THEIR MODE.
THE CARRIAGE TRADE.
THE SEWING MACHINE TRADE.
THE JEWELRY BUSINESS.
STORES A HOUSEFURNISHING GOODS.
cSth -Osr Neighbsrs.
A short Review of tho year with all the Cities
aud Villages tributary to, or neigh
boring on, Atlanta.
A (uzraoteed edition of KlM&EN THOUSAND
(18,000/ will b* prtaled. Copies wffi be for tale e
our Counting Boom iu bulk or in wrapper*, at the fol
lowing prteee:
Loee eumbere than 25 10 eta. zpieoe.
More than 25 and lew then 100 9 “ **
Over loe oeplee. 8 “ ••
Advertleemente wtll be inserted for this on* leene at
the following rate*;
One coin tun.
.910 00
. 15 00
. 25 00
It ie certain, from order* already received) that z
quadruple (or 14 page] P*P»r will be tbe very MNl
edition that will aaeWer our purpoee. and it will afford
the advertizing public au opportunity very rarely en
joyed. Pieaw send in yaw urler emip.
WAN I'JUIB.
A. •'Bo»» K««p<£,;' Aprix. wllU ref-
trine*, to T. t. Bloo4#orth. undo. on:, ae to en»n
V.r.Mam.MItorihaarfMi*. Jtksrett, «(.
lanta. On. *0* V.
Aw.
NOTtO*.
run. V. D*AI
If MCDX05L
M* NTS, end wi
whteh, lurflten
D*ALVIGNY OFJXM FOU 1
WJNMOAI*’
not
a cellar room, etahle, servant*' room, end aeon
out building*. A IMS Ind Yard *ed Garden.
— * 7. netfM
S b. KENDRICKS A SONS. The largeet eupply of
• Carpets. Oilcloths aud Mattiug to be found in tbe
eltf. Marietta etreet.
■VET P. PATILLO. No. 6 Kimball House, Agent for
Y Y e Jitca and lhwnix of Hartford. Franklin ut
Philadelphia, and Southern Mutual. Athens.
{THABLES A. CHOATE. KimboU House, corner
Vy of Wall street.. General Agent of New York
Equitable.
\\T ILLIaM GOODNOW. General Agent for Geor-
YT gl» of Republic Life Insurance Company, office
Republic Block.
IITALKER k BOYD, Fire Insurance Agency, office
▼ f No. 2 Wall street, Kimball House.
I1TM. J. MAG ILL, Superintendent Agencies Cotton
V Y States Life Insurance Co., No. < Kimball House.
Residence McDonough street, corner Fulton.
VKTHITNER k CO., Broad street near Alabama
If Oldest Insurance Agency in the city.
T^hAVIS, k CLARK, Fire Insurance. School Furni-
1 " *"-«* PnwMtar and Fire-proof Safes. Broad street.
u ilaMa DEPARTMENT Southern Life. Jno.
jCTL D. Gordon President, A. H. Colquitt Vice Preai-
ent, J. A. Morris Secretary.
JEWELRY. SILVER WARE.
T71R LAWSHE. Watches, Clocks, Jewelry, and Silver
l\i Wars. Agent for the Arundel Pebble 8i>actoclea.
90 Whitehall street.
LAWYERS.
JOHN A. WIMPY, Attorney-at-Law, Atlanta, Georgia
J Practices in all the courts. Special attention given
to the collection of clxiiua, aud all business promptly
attended to.
TAMES BANKS, Attorney at Law. Atlanta. Georgia.
Special attention given to the Collection of Claims.
All business attended to promptly.
T J. GLENN k SON. Attorneys at Law, practice
1 Jm iu all the State Courts and in the United States
Court*. Office over James' Bank.
Ol P. McCONNELL, Attorney at Lew, office corner
Whitehall and Hunter streets. Practices in all
the Courts In Atlanta Circuit.
w J
Tr * ufficturcra of Human Hair Goods aud H i
Hry, 15 Whitehall street, Atlanta, Go.
Bedding, Mottresaea, Pilllowe, Bolsters. Etc.
Awning and Tent Maker. No. 7 Hunter street.
near Whitehall, Atlanta. Go.
CAKK1AUE MANUFACTORY.
Wagone and Buggies. Decatur street.
i aud Pryor streets.
COMMISSION MERCHANTS.
reference given.
J A. ANslJiY. formerly J. A. An
l*-y L CO., or AU
_ _ guete, «#•.. Commission Merchant, office corner
Fiyor aud Hunter Streets Advances iu ceeh. or by
acceptances uimle ou goods in store or wh*u bill* La
ding accompany Drafts.
Studs of Product
Georgia. Ordt-rs sitd
turns mail* promptly.
A.r
A.
YjV H. LEDUC. Manufacturer of Tin Wire, Agent
JP e for Kerosene glove*, Pratt's Astral Oil, Triumph
Wringer, etc., Belgeau
Laundry and Toilet -Soaps constantly t
Office 27 Alabama street. Atlanta. Ga.
r|lH^ ATLANTA - DAILY HEBaLD contains 7
r than anv ether ptf>or in Ge« rg<«
PATENT MEDICINES.
of Chronic and Acute Bheamatlrm, Neuralgia, Lum
bago, Sciatica. Kidney and Nervous Diseases. a?ter
years of suffering, by the taking Dr. Kit ler*» Vcg
etaible Kheumatfc Syrup—tbe scientific diecov
ery of J. P. Fitler, M. D., a regular graduate phyoi
clan, with whom we are personally acquainted, who
has for 39 years treated these diseases exclusively with
astonishing results We believe it onr chriatiau duty,
after deliberation, to coutcieutiouely request sufferers
to use it, especially per so us in moderate circumstan
ces, who cannot afford to waste money and time on
worthless mixtures. As clt-.gymen, we seriously feel
the deep responsibility resting on ns publicly in
dorsing this medicine. But our knowledge and «xpe-
rieuco of ite remarkable merit fully justifies our ac
tion. Rev. C. H. Ewing. Media, Pennsylvania, suffer-
, rt.tr. .trret, t,p —re, practice Ur ril tt« M u ^uV. 'D. 51, Franklora, pfiSelphrT; ReV1 Z
******** . Davis, Highatown, Ntw Jersey: Rev. J S. Buchanan,
|oHN MILLEDGE, Attorney-at-law, Whitehall i Clarence. Iowa; Rev. Q. Q. Smith. Pittsford. N. York;
street. Residence, corner.
W IZARD HEYWARD, Attorney at-Iaiw, No.
• Marietta street
B. SPENCER. Attorney at Law. corner Whitehall
and Alabama streets (upstairs/, Atlanta, Ga.
DEGB.VFFfiNRIED, Attorney at Law. specia
attention t> the prosecution of clatra* again*
State of Georgia and Unite 1 States. Office No. 1 A us
Mim Building, up stairs.
B.!
m
Rev. Joseph Beggs. Falls Church, Philadelphia. Oth
er testimonials from Senators, Govtrnors, Judges, Con
gressmen, Physicians, Ac., forwarded gratis, with
pamphlet explaining these diseases. One thousand
dollars will be presented to any medicine for aauie
diseases showing equal merit under test, or that can
produce one-fourtk as many living enres. Any per
eon sending by letter deocripiion of affliction, will re
ceive gratis a legally sigued guarantee, naming ihr
number of bottles to cure, agreeing to refund the
money upon sworn statement ot its failure to cure.
RED WINK k »-OX.
feb5 Wholesale and retail Agent* Atlanta. Ga.
J^OYAL* N CNN ALLY, Auoruejs j
BA
( '1KO. T. FRY. Attoruey-at*Law, No. 6 Kimball
Jf Hour*-. Retid-uce tdhier McDonough and liich-
ardaon streets.
H ILL .Si OANDLiK, teMItel Law, No. 14
Kimball Hoc**. Prao’kse in Ml the courts.
LIVERY AND SALE STABLES.
C ti.lM L.vYLOU. iT.-j.fH lor of the Archer
/ k^epe always on hand a large atippfy t
LKYD..N, Warvhouae aud C tuuiifiiuD Mer-
chant—W>rrhou-r Corner liartow Street and
ti. IU. Office. 9 .Ur.bauia street Grain, Hay,
Flour, Bacoh. Butt Meata Lard. Hafti* (angsr-rnred
and plain) LfiOe. Oiarnt. Plaster, Domeattes and Yarn*
W.
i Decatur and Pryor
R. PAYNE AGO., Commtaaiou Mrrohauta aul r —
, Pater Bags. Twines, ltop<4 F |
1, hides, etc., 33 Pi y«C street, j JLi £
[ Be*-r,
LIOUORS.
lAGKK BEER BREWERY. City Brewery, corner
^Collius and Harris streets. Lager Beer, Ale and
Fee liter, Mercer & Co., office in Old Poet Office
7Building, Atlanta, Ga.
J.!
SOW1E k GHOL8TON. Geueral Commi-aiou Her
chants in Grain, provisions, Hay aud Ftoar, For
syth street, near W. k A. K. R.
C VLAYTON h WERE. T2 Whitehall street. Atlanta.
y Ga, Wholesale dealers in Foreign aud Domestic
Whiskies, Wines, Brandies, Bums, Gins, etc., and
Pbofrixtor* ot nre Morn tain Gat Wu;kxi».
'IQI A HILL. Wholesale dealers in Forign and Do
j mestic Liquors, Peachtree street.
M BIeADOR BROS., Wholesale Tobbacco and Liquor*
tt Whitehall street. Athipta, Qz.
Dealers aud Commission
w , Handles pro
duce by car load without expense. Yellow Front, Ken-
neaaw Block, Ifor*yth streot, Atlanta. Ga.
MARBLE YARDS.
CLOTHIERS ANO TAILORS.
f H. DYKE MAN, Merchant Tailor and Dealer i*
f | # Gent*' Furnishing Goods, No. 4 Peachtree street,
near the National.
J G. JOKES. Fashionable Tailoring Eetabtl ahment
, within arty rtnhMIWuuI Hutol and Xiabri
H.ux. r,u Lina at iMdaaiwaya un hand.
B. LOWE k OO.. Dtaiar and Manufacturer ot
. tired; Mada OoUtac. old Hand. WbitahaS
street.
w.
CIHAIt*. TO SACCO, ETC.
H. JtaNGELBAKl. Manufacturer* of Cigars and
street, user Bridge.
B
KERMAN k KUHRT, Cigar*. Tobacco and 8nnff
Whitehall street, nrar railroad.
CONTRACTORS
A. TUTTLE. Contractor and BuiUier. corner
COPPER. BRASS AND IRON.
MS
Worker.,
IDDLBTON ft -BSO&. Oorpencutha. Btnae
'outdare, Einlehera. Oaa ritual and Muet irop
Broad .treat, opvoatta the Von Bunding,
ork dona promptly.
H USX1CUT ft BELLINUBAIUH. Ou Fitter*,
Bna WorUn, kud drelare tn atoroe, Martotto
treat. Attatna.
OAMOV AMS CS ACKERS.
Crocker Manufoe-
|| LXWjr nkAM BAXWt* MatmUcturre all
varied** ofChACKAOM, Caked, Bnepps, etc. South
Forsyth street.
CROCKERY AMO OLASSWARE.
cUKIVK ft Ct'C WhoWr dollar. In Crockery,
Otoe* and tprtftauware, KlmhaBMonaa.
AW ft lKk.'Ahntoe»U ureekeri, SuMtto tore*
DYE-WORKS.
1 AHM LOCHan, AttoatA Bye Work.. Dyeing
• 1 mad Cleaning fit all braschaa. Beliefectlea goar-
intead. Foal oBca box M0.
D X MHM ftUJEM USX, Bantiak, twraar White
hall an d H
abler atreete, Atlanta. Oa.
XXXZK. Bantlat, Be. 47 Whitehall
. . B. OABBKHTJ
J* htreat, Aflkhta,
k j>. bJdoEb! gorged— Deatiet, Peachtree • treat.
A Wert pcompWy ml oaaWy H tabad.
FRUITS, VEGETABLES. ETO.
a HTONIO TO It HE. Outer In rruite, and Ve*e-
A table.. Be. 10T Whitehall .treat. Atlanta, Ga.
t. U. Box 4A4. •
GROOMS.
X1 TTjMLIN. Bo. «M MARIETTA STREET-TAM
Iv, 1LT GROCERIES. Utopia Dry ooeda. Cona
kry nodnee at tho lowut atra. Alao, a On* WAGON
yc.
w.i^aavaar.
ate. Marietta ttro*t. Weal af gprf 0,1 tre
bridal cake*
tret Move.
A G. T. "DODD k CO., WboUMiu dTieir* sod
Frodncr H k»w rote. a« Juootioa ot
"TS5Si*e‘*eo«". Alabainartre.L
A Allan la. 0z
A CO.. Whctoaala Qcooar,
T ^HIS Concrntrated Vegetable Speclflc Is a trne Kn
rificr of tbe Blood. It thoroughly neutralizes
and eliminates from the system the specific virus
which causes such a long list of suffering.
In every form of scrofulous, mercurial and const!
tutionol Hood complaints, it stands without a compe* r
rapidly curing ulcers, pustules, carbuncles, scad bead
salt rheum, and the 88 different varieties of akiu »ffi c-
tiona. It is a positive curative for eorofula, and the
deadly enemy of mercury, lead and arsenic, quickly
eliminating them from tbe system. The Huid Extract
of Queen’s Delight, prepared by Dr. J. 8. Pemberton,
has made the most wonderful aud astonishing cures.
It* purifying, vivifying and tonic properties exercise
the quickest and most wonderful effects iu restoring
health. It is harmless to the most delicate, and can
never be used amiss. It is the true beantifier of the
! complexion. If yon want pure, neb blood, cl« ar skin
v fseturer and dealer in Italian and American Mar- j of stiUingia or Qnewn’e Delight. Read onr treatise o_
Me. Office and Work* corner I»fd sad Alabama diseases of the Blood. The genuine has the signature
streets, opposite O. Jt. J®“es kCo.'s JLi very Stable*. ( C f tb e proprietor upon each label.
Prices reason*- '
eep7-lF
street, Atlanta, Ga.
D
Chro
MKUICAL.
K. W. T. PARK, office No. 3t» Wuitehaa btrvet,
P. O. Box No. 158, Atlanta. Go. Treatment of
ronic Diseases, Imparities of the Blood, Obstetrics
aud Diseases of Women and Children mads a spec
ialty.
_ MUSIC
d 'I U1LFOKD, ^OOD & CO.. Dealers in Music, Or*
Vx gsus. Pianos. Musical Merchandize, and Impor
ters of Small Instruments and Strings, 68 Whitehall
Street.
L. BRAUMt LUUL Denier in Mueioai luetrti-
• meute, butionerj, and sole agents for 8teiuwa;
k Bans’ and other celebrated pianos, 15 Whitehall
street. Atlanta. Ga.
NURSERYS.
S OUTHERN NURSERY, Irwin aud Thurmond
proprietors. Propagator* and Dealers in Fruit
Trees, Grape Vines, Ornamental Shrubbery, Hot
House Plants, etc.
PHOTOGRAPH QALLERY.
First class
photographs, ate., executed promptly, at reasonable
rate* Call aqd see specimens.
LIFE AND MONET SAVED-NO HUMBUG
fTHlB increasing demand for my Southern Remedy
X b* B Induced me to enlarge my roexfftiee for man-
ufocturing. and I am now prepared to furnish it iu
any qnanuty to suit purchaser*. Th* efficacy of this
•• Great Remedy,” for Dysentery. Diarrhs, the Chole
ra Morbus, and Dentitiau (cutting of teeth) of child
ren. io. without question, as hundred* ef certificates
will testify, that nothing has ever been offered to tbe
public ae a care for th* se diseases that is its equal. In
premonitory symptoms of the much dreaded epidem
ic Cholera, its effects are speedy aud sues. It is pleas
ant to the taste, has no nauseating effect, and to be
convinced of iu virtue *tis only necessary to give it a
trial. It can be purobaeel at the drug stores of Col
lier A Venable, corner D*-catur and Marietta, and Mr
Howard. P*schtrec street and at my office.
I have taken the liberty of appending tbe namee o!
a few of our citizens, to whom I respectfully refer as
to the mcri'e of this Remedy. They having used it
some of them for yearspaet, both individually nd in
their families;
Jno R Wallace, Judge 0 A Locbrone, A K Sesgo, Jno
George, J T Porter, T J Maher. Leroy Morris. Joseph
Woodruff, Jordon Johnson, LI ith Koffineoc, Matt E
Walker, R Montgomery, Geo W Horton, JnoC White.
W J Johnson, Joe H Ransom. Wm Me 'em tell. M Hall.
O Kiektighter, T. R Snell, Cobb eo, Gee Sherdou. J A
Hayden, Robt M Farrar. Wm Power*. Ant bon v Mur
phy. N R Fowler. Tho* G CruseeU, A L Holbrook. Ja*
Caldwell, Geo WuiaUip.
S. T. BICCERS.
SOLE FKOFKIETOR.
MUTATE BOARHISW HOLIES.
‘ BIGGER’S SOUTHERN REMEDY . ”
Office: Peachtree street, Powell’a Building.
jydeodSm
M-
Kh. OVEKBY'b Hoarding House—Near
bridge, convenient to ail the Church oa, Poet
Library, etc.
gt.|SOUTHERN NURSERY.
IRWIN A THURMOND.
A FEW ladies and gentlemen con be accommodated J \VTF. are offering to the public a selection of Fruit
with good board at Mrs. Overby**, e* Broad I ff adapted to the Southern climate. consieliBg ol
tuff, j—t aorue* Iffia bridge. Apples, Peaches, Pears. Plums, Cherries. Quinces,
I
XtX Peachtree street, can furnish pleasant roams to
families or single persona. Day »oarder* also re
ceived.
PICTURES AND FRAMES.
¥ AS. R. SANDER*. Manufacturer and Dealer in \ elthwr local
Chromos, Mouldings, Looking Glasses aud Plates,
found in a well conducted Nursery, and of var etics
we have tested and know to be suited to tbe Southern
climate. We are determined to make good stock and
sell at reasonable prices. All orders by mail oitmdrd
to with promptness and care. We have rel able agents.
‘ ‘ traveling, in many localities ia this aud
so. SI Whitehall Street. Atlanta, Go.
P1IHTH, OILS, GLASS, ETC.
J_£OLMES, GALOSH k oa, Na. ( PMarWtt yet
Dealers In Paints, Otis aud Glass; also Bail road
supplies.
d TALLEY. DUCK it OO- Manufacturers' Agents for
^
_ Oils, Paints. WindowGtass, Ijunpa, Etc., 86 Pryor
street. Atlanta, Qm
eithttr local or traveling, in many localities i
other Stales Smuti. aznl we prefer, where
to our customers, to do our businsos through them.
SEHlJiW MACHINE AGENCIES.
rriHE IMPHOTEO HOME BHBTTLE SEWING
m MACHINE, iftnfutuimri IKnhft. tin
fTIHK AGRIlXLTrRtL ANP MECHANICAL AS-
! A SOCtATION OP CHEROKEE GEORGIA AND
ALA
TU£ HOME—finest mechioe mode. Prices low.
G. Maxwell, Geu’l Agent, corner Broad and Marietta
streets. Atlanta. Oo.
etWING MACHINE
Office, center Brood rad Marietta 9U.
OMX8TIO HAWING MACHINE COMPACT
D L-... - . . - _____ __ .
No. 4 DeGlve’s Opera House. Th* - Fast Gsln-
mg • Machine.
ffV6WkBD>A0UiJk Wjjgte • Sewing
It Machine flffiae Room. N*. 88 MarteMa street-
Latest style pal
style patterns cocsUntly on hand.
fllMK RXNGKB DliGP-LLAF RAWING MACH1NR.
X Best Sewing Machine mad*. R- T. 8mHie Agent,
corner Broad and Alabama
i old Kilos Howe was among men.
SALOONS.
J OHN W. KlMBx6. t«i<Bkcftuwto Bto 5 UreUur
ttwii Wmi ftpin l» lit. Hty.
A 'e. CARiviLL- o.
I,?, wrAUw,k
Boarbon wiii.kjt.
L XX RMITH'R Marietta •tre.t, th. v.rj bret
at Uqtiure rnlxMla i
> bret ,tv)«.
REAL ESTATE AUESTH.
6KLL k GOLDSMITH,
i Feeohtree end Wall
\BAMA, are uow ready te evil their Ticket* of Ad-
The Kxkibitiou wtti begin on tbe 8th ol Sept niber,
and continue through th«* week. In addition to one
day's sdmiertr.n to the Fllr Groaeds, th* Ticket of
each holder will be ontitfed to a chance tn the follow •
ing Gifts;
1 Grand RoeewoodPiano..... %CS0 no
1 Parlor Organ WO 00
1 Pilver Tea Sett
1 Cash gtft in Gold Coin VS* Ml
t Cash gifts in Cnrrouoy, (U each. 10U Oil
5 Cash gifts ia Currency. $85 each 125 oo
10 Cash gifts is Currency, $10 cock..,. ion ou
80 Cash gifts in Currency, $5 each. 180 00
IN Cash gift* iu Currency. $l each 175 10
210 Gifts, amounting to.
...$1,630 00
MICE OF TICKETS, FIFTY CENTS.
For Tickets or Information apply to F. Pence. Gene-
mi Agent, or T. J. FJBRBY. Sec y.,
Rome. Go.
Tickets for ml* by Redwtn* A Fox. Phillip* k Crew,
J. W. Burke k Co., Guilford. Wood JK Oo . Mark W.
Johnson, Atlanta, and at moat towns and \ logos with
in tbe bounds of the Fair.
I will give $8 iu gold to the agent selling the most
tickets over oa* hundred j It 60 ta the party eetiing
the next moat. F. PENCE.
aug!9 Sw
THE "VICTOR”
•VST ANTED—(Mini Aftotto Ut .nry Store fit tbi.
> V South for Ulo Victor Sewlop Mtoikiu..
Th. '* Vtotor" will Mil ou iu muth, ud require.
bo ''puStof '' far trrm*. Udreu
•u(5 U B. j. WILIS A'Juta. 0*.