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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*.