The Atlanta daily herald. (Atlanta, Ga.) 1872-1876, September 14, 1873, Image 8

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justment, we therefore ask that we may be allowed to “search diligently into the origin of the misunderstanding,” and see if some misapprehension or mistake does not exist, •which may be corrected and hannony restored. Prompted alose by a desire to reach an ac commodation honorable alike to both, permit ns to beg that any correspondence which may have taken place be considered as temporarily withdrawn until all efforts for a reconciliation are over, and the subject of offense be duly tion, Alabama —I Lave come lrom Atlanta j considered, and our soundest conclusion with a message of importance for you, re-1 reached. We send this in duplicate, and quiring personal delivery. Will you kindly ! earnestly desire that it may be acceptable to meet me here by to-morrow’s train—at my : each of you. Phillips vs. Waddell. oos v on coBi.Kai-t.NHE.jit E i-.wrwEi.N com HEN.. D. laV. AND OTHERS. By Telegraph. No. 1.—Lay to Waddell. Columbus, Ga., July 18, 1873. To Major James F. Waddell, Seal's Sta- expeuse. Respectfully, Benj. D. Lay, M. D. No. 2.—Reply from Operator. Seal's Station, July 18, 1873. To (Job Benj. I>. Lay: Waddell is in Ope lika, Aiabama. W. H. Washington, Operator. No. 3.—Lay to Waddell. Columbus, Ga., July 18, 1873, 2 p. M. To Major James F. Waddell, care George W. Hooper, Esq., Opelika, Alabama:—If you are in Opelika, please wait my coming. I leave here on 8 SO train. Hope to see you to morrow morning. Rent. E. Lay. No. 4.—Lay to 789. Columbus, Ga., July 18, 1873, 3:50 p. M. To 789, Atlanta, Georgia:—J. F. W. not at Seal's Station, but at Opelika. I return at 8:30 to Opelika, and shall bunt till I find him. Benj. D. Lay. No. 5.—Lay to 789. Columbus, Ga., July 18, 1873, 5} p. h. To 789 :-W him. here. Saw | asked half hour. Sent to me Strange and Hooper tq ask me to state what my 1 message was. 1 have declined to answer, and await events. Ben. D. Lay. « No. 6—Lay to 789. Columbus,IGa. , July 19, 1873—1:30 p. m I We have the honor to be, very respectfully, your obedient servants, Mabtin J. Crawpobd. W. F. Luceie, M. H. Blandford. A certified copy of the original. E. F. Coleey. No. 10—Lay to Board of Honor. Columbus, July 21, 1873. Ranein House, Room No. 7, 11 a. m. Colonel Martin J. Crawford, W. F. Lnckie, Esq.,'Colonel M. H. Blandford— 1 Gentlemen— Your favor of this a. m. addressed to Messrs. T. J. Phillips and James F. Waddell, in duplicate, and handed to me for delivery to Capt. T. J. Phillips, claims a reply from i me. ! I have the honor to state to you that up to ’ this moment no communication of any char- - acter has taken place between Capt T. J. Phillips and Major J. F. Waddell, j I will frankly own to you that I am the HI bearer of an undelivered message from Capt. He ! Phillips to Major Waddell. I will state that some correspondence has passed between Major Waddell and myself relative to the point at which my message should be delivered. 1 will also own that an agreement as to the point of delivery has been reached by ns. I will say to you, gentlemen, that I so high ly appreciate the lofty and chivalric spirit To No_789, Atlanta, Ga.-Come by next into train to RankinHouse. I wait lor .you. All ; which x am Iepl / ing . that Wlll frankly , M right- Ben. D. Lay. right No. 7—789 to Lay. Atlanta, Ga., July 19, 1873—8 p. m. you desire, consent to the mutual and tempo rary withdrawal of all tha correspondence which has passed between Major Waddell and To Col. Ben. D. Lay :—On hand by neit i myself, train. 789. j I permit the withdrawal for the space of (12) Correspondence. 1 twelve hours, with the understanding that. No. 1—Wynn to Lav. j should your humane effort prove ol no avail Hotel, 4:10 m:—Maj. Waddell’ desires me 1 that affairs between Major W. and myself re- to say to Dr. Lay that he will communicate sume their present position, and that I shall with him as soon as practicable alter meeting repair to the point we agTeed upon at the some iriends whom he wishes to see before | time we have appointed, giving an answer. Respectfully, | At the proper time, and at your request, I T. K. Wynn. ' have no objection to submit to you the mes- F. S.—He will be heard from in the course j sage with which 1 am charged, of the p. m. i I am gentlemen, with profound respect, Original note received by Col. Lay in my ] your very obedint servant, presence, this 4:30 p. m. E. F. Colzey. I Benjamin D. Lay. No. 2-Lay to Wynn. j Copy of reply^ E. F. Colzey. „ No. 11—Board of Honor to Lay. Columbus, Ga., Boom No. 7, BaDkin House, - - - • ~ - 4:30 p. m. T. K. Wynn, Esq—My Dear Sir:—Your note of 4 p. m., instant, to hand. I shall await the pleasure of Major Waddell, this eve ning, ae yon desire. I am, dear sir, very respectfully, your obedient servant, Ben. D. Lay. A true copy of Col. Lay’s note to T. K. Wynn, Esq. E. F. Golzey. No. 3—Waddsll to Lay. ■ Columbus, Ga., July 18,1873. B. D. Lay. M. D.—Sir: Will you please inform me of the nature of the communica tion you have for me. Respectfully, J. F. Waddell. This letter was banded Col. Luy m my presence by Col. G. W. Hooper and CoL Strange. E. F. Colzey. Jfrv* p. x. Jf\ No. 4—Lay to Waddell.— . COLUMBUS, Ga. , Rankin Bousk, Room No. 7*-5 p.m. Maj. James F. Waddell—My Dear Sir: The communication which I hold, I have already had the honor to state to you, per sonally, is addressed to yomaqlf^ and requires a personal delivery/ j ' Yon most pardon tat* if T decline to make any statement concerning it, save to deliver it to yonrself. I am, dear sir, wapectfully, your obedient and true copy, made under my hand, of all the correspondence which has passed between Colonel BeDj. D. Lay and other parties in ref erence to this matter up to this date. John F. Shecut. Atlanta, Ga., July 27th, 1873. No. 18—Lay to Hooper. Atlanta, Ga., August 7, 1873. Col. Geo. W. Hooper, Opelika, Ala.—My Dear Sir: Yon did me the honor to ask leave to call upon me. “unofficially,” at Neal’s Landing, in Florida, upon the evening of the 23d of July, at about 3:30 p. m. You stated that your visit wa6 an “unofficial one.” 1 replied, “that I was glad to receive you at any time, and in any manner.” You said, “you would ask toe (“unofficially”) with a view to adjusting matters to suit our personal convenience, if the 8th of August would suit me for an answer to the note from Capt T. J. Phillips, which I had just delivered to Major James F. Waddell.” A debate between you and myself followed, which referred to a “board of honor,” two points, viz : First—How much time was-allowed you, or whether time at all? Second—Whether you should—in case time was allowed—address us a note asking for the time, or announcing to us the time you took? The reply of the “board,” was a note from Major James F. Waddell, addressed to Capt. T. J. Phillips, and handed me by a member of the “board,” Dr. E. F. Cot«ey. That note simply announced that Major Waddell would reply within the usual time. NoUf, Colonel, this may mean any time within forty-six (46) days from the eighteenth (18th) of July when I addressed my first note to Major Waddell; or, it may refer to your “unofficial” proposition of August 8th. Will you, my dear siT, in view of my per sonal affairs, enlighten me as to your time, so that X may have my personal affairs in readi ness, otherwise I shall be compelled to hold myself in constant readiness to move at a inmate's warning from now uotil the morning of the third (3rd) day of September proximo. I shall do the latter, if you reqnire it, but for my personal sake I would ask the charity of some definite understanding. I am, my dear Colonel, very respectfully, your obedient servant, Benj. D. Lay. Original draft of Col. Isay’s letter to Col. Geo. W. Hooper, August 7tb, 1873. JohnF. Shecut. No. 19—Hooper to Lay. Opf.lika, Ala., August 9, 1873. Col. Benj. D. Lay—Dear Sir: Your favor of the seventh instant to hand—contents noted. I regret not being able at present to i give yon definite information as to the inten tions of the friend of Major Waddell. If I find that I can do so, it will afford me pleas ure to comply with your request. For fear of some future misconstruction 1 feel it my duty to say that my recollection does not concur with yours as to what took place between you and myself at Neil’s Lan ding. I would at present only call your at- John F. Shecut, and consulted him: I also referred a copy of iny letter to you to Dr. E. F. Colzey; in addition, 1 took all the papers in the case and looked them over; that my mind should come accurately to the point of our “unofficial conversation.” I had by me the copy ol my letter to you. I gravely an nounce to you that I am unable after all this care, to find a single error in my letter of the 7th. I therefore, respectfully ask that you will No. 25—Waddell to Lay. Columbus, Ga.. August 27, 1873. Col. Benj. D. Lay, Atlanta, Ga.—Sir— I have the honor to acknowledge the receipt of your communication of the 24th instant. the contrary, I thought, and still thiiiL, that Major Waddell s letter of the 28th uit did touch the ground of Capt Phillips' complaint in his letter of the 23d of July. Th e, then, the issue between txa. Capt Pk Hips, it covering a correspondence between Colonel : appears, sustains your viewa—tuy own are un- Hooper and yourself, and advising me that you would expect a reply through some ac credited friend, to Captain T. J. Phillips’ note of July 23d by the 3d day of September prox imo. Pardon me for saying that I regret the was my duly accredited agent to you in the . original note from Mr. HoL correspondence which preceded the note of delivered by hands of Dr. D. W. Johnson at Captain Phillips. After that commenced, as i about 1 p. m. September 2d. you will see by a reference to it, I became the 1 j’ at once specify distinctly wherein your | correspondence between Colonel Hooper and memory of that occasion, differs from what yourself as unnecessary and improper. He j 1 have written. As 1 assure you that I can not consent to remain under a charge like that, though it be vaguely expressed, and known only to you and myself. Be kind enough, therefore to answer me at once upon this point You regret with me, the publicity this affair has obtained, and presume it was stopped by iny card in the Herald. I cannot permit you, even in your own mind, to do my Iriends of the Herald so much injustice. The Herald only printed my card, and reprinted at the head of it, (and as the cause of their action), the card of retraction of the Colum bus Bun, from which paper they had copied. And this retraction of the Bun, I am sure you know, cost me the pain of slapping the face changed. Now, in tbif state of affair , when gentlemen thus Honestly differ, I suggest for your consideration that the point be decided by gentlemen chosen to whota the same may be referred. I am, sir, respectfully, your obed’fc servant, ^T. Holland. jiland to Col. Lay. custodian of my honor, with a promise of | reply to the note of Captain Phillips at such ; time as might suit my convenience, within the usual time. Any suggestions in the in- i terim, such as your last note contains, yon j will again pardon me for saying, I consider unkiud to myself. When I atn ready, Colonel. I shall be very oertain to reply to Captain Phillips. And in the meantime I have the | honor to be, Very respectfully, yonr ob’t servant, J. F. Waddell. ! John F. Shecut. No. 34 —Lay to Holland. Columbus, Ga., Rankin House, Room No. 10, Sept. 2, 1873, 1.30 p. m. Col. Jas. T. Holland—My dear Sir: Your reply of this instant, delivered “informally” to Capt. John C. Campbell, by Dr. D. W. Johnson, lies before me. You say “JLcannot, however, conceive that the issue is either peculiar or personal”—“it certainly was not designed to be so.” My dear, sir, this would certainly be all Columbus, Ga., July 21, 1873. Col. Benj. D. Lay: Your reply of this instant, received, togeth er with a similar one from General Benning for Maj. Waddell, and now in pursuance of ft ^ j, ^ ?om ’ t . You see!p. frpi some purpose so honorably seconded by each of [ “ * , * rr ■ * * you, we respectfully ask that you submit to coant time from 18th July, > r J J according to my recollection, the first aad only note ever received from Captain Phillips by Major Waddell was dated 23d July, 1873, 3 p. m. While I have no idea that this date will ever be material, I deem it proper to refer to it in answer to your letter. I remain, sir, very respectfully yours, etc., G. W. Hooper. No. 20—Lay to Hooper, Atlanta, Ga., August 21, 1873. and pulling the nose of Mr. Jewett. De j received by me at Atlanta August 28, 9 p. m., Votie, who had been the author of the pub- | and copy thereof forwarded to Colonel Lay at lished articles. You know, I had promised to ; Opelika, 29th, at 11:30 p. m. Original note of J. F. Waddell to Col. Lay, 1 that I could ask of you if yon had not, I have no doubt, unthoughtedly added a reiteration of the point of difference. Yoa do me the both your party and mine, that I would com pel such a retraction, and jqu know I re deemed my word. You say: “As to yonr intentions of the course you intend to pursue in reference to Major Waddell, and the views yon present as to his duty, I dp not feel called upon to make any response, not representing him, as yon are aware, in this matter. I presume that an inspection of the correspondence between yourself, Captain Phillips and Major Wad dell will speak lor itself. ” Well Colonel, I have just consulted it, and we will let it speak. I find from it, that although you were never John F. Shecut. No. 26—Holland to Lay. Columbus, Ga., August 28. 1873. Col. B. D. Lay, Atlanta, Ga.—Sir : I am the custodian of a communication from Maj. Jas. F. Waddell to Captain T. J. Phillips, which 1 shall be pleased to deliver to you at Colum bus, Georgia, or in Alabama, on the opposite side of the river, if either of those points will suit yonr convenience, or at any other place you may name. My address is Columbus, Georgia, unkindness to say “I thought and still think that Major Waddell’s note of the 28th ultimo did touch the ground of Capt. Phillips’ com plaint in his letter of 23d July. Capt Phil lips, it appears, sustains your views. My own are unchanged.” “Now, in~this state of affairs, when gentlemen thus honestly differ, I suggest for your consideration, that the point between us be decided by gentlemen chosen, to whom thee awe may be referred. My dear, sir, let me understand you dis tinctly. I understand that you wish to refer I the point between you and myselt to a board I am, Colonel, very respectfully, your obe- ; of gentlemen. If eo, I consent. But if you • * * • * " mean with regard to Capt. Phillips and Major Waddell, I have to inform you that three times I have submitted to boards of honor. Once, the dient servant, .James T. Holland. Original note from James T. Holland to officially authenticated to me as the friend of Colonel Lay; received by me at 10 p. m., of Major Waddell, nevertheless you permitted | August 29th, and copy of same forwarded to j Gentlemen proposing, concluded that^ they yourself to bear to me every communication J Colonel Lay, at Opelika, by the 11:30 train. which I received from him. I own that you formally, but verbally, told me that iu view of your connection with him, you oould not proceed farther in the case, and thfttyour connection ceased with the delivery to we of the Major s note of date, July 19tb, 2 p. m. I was, therefore, surprised (but could not act, (that was the second one and at Eufaula). The first|and the last were here, and 1 regret to say that Major Waddell quibbled in each case, and the boards there fore failed. I regret to be so plain, but you leave me no alternative. I make this assertion with all its responsibilities. I therefore respectfully decline to have any further delay in Capt. Phillips’ matters. I am going to the point I indicated at 4 p. M. of this day. If I go, and return without a satisfactory answer, I shall certainly act as servant, Ben D. Lay. No. 5—Waddell to Lay. <k**Jinrue, Ga., July 18, 1873. B. D. Ijay, M.D.—Sir: As I am compelled to infer from your conversation of to-day, in which you desired me to “cross the river” for the purpose of receiving a message with wbjck you are charged, and also from the tenor of your note of to-day, that your message is a hostile one, and as I am a citizen of Alabama, and cannot receive such a commu- cation in that State, I have th^ pleasure to inform you that your communication will be received here in Columbus at aodh time as it may suit your convenience to communicate the same. Very respectfully, J. F. Waddell. This note was handed Col. Lay by Col. G. W. Hooper and Col. Strange in my presence July 18th, 1873. 10 p.m. E. F. Colzey. No. 6—Lay to Waddeil. Columbus, July 18, 1873, 10 p. m. From Room No. 7, Rankin House. Maj. J. F. Waddell—My dear Sir: Yonr communication of this date, by the hinds ol Col. Gee. W. Hooper, is this moment reteiied. 1 would suggest to you that I can see no reason that would make it more proper for me to deliver the message I bear, here th*r> in Alabama. If there should be a reason which would make Georgia preferable to you, I submit that the same thing would cause me to prefer Ala bama- However, I will, if yon desire, deliver my message to you, either at Chattanooga, Ten nessee, or upon the east bank of the Savan nah River, in front of the town of Augusta, Ga., aa you may select. I have had the honor to explain to Col. G. W. Hooper, that I did not know anything prevented yonr reception of the message at the point I indicated first If yon will be kind enough to state to me upon what day and at what point you will meet me, I shall have great pleasure in deliv ering my message. I am, dear sir, very respectfully, your obedient servant, Benj. D. Lay. Copy of answer to note delivered to Col. G. W. Hooper, July, 18, 1873, 10 p. m. E. F. Colzey. No. 7—Waddell to Lay. Rankin House, Columbus, Ga., July 19, 1873. Col. B. D. Lay—Sir: It will suit my con venience to receive any communication to me with which you are charged, at Neil’s Land ing, in Florida, on the Chattahoochee. River. I am informed that boats leave here for that point on Tuesdavs and Thursdays. Please be so kind as to indicate the time at which it will best suit you to repair to that place. Very respectfully, J. F. Waddell. Original copy handed to Col. B. D. Lay, from Col. G. w. Hooper, at 2 p. m. E. F. Colzey. No. 8—Lay to Waddell. Columbus, July 19, 1873., At Rankin House, Room No. 7, 2 p. m. Major J. F. Waddell-Sir: I have the honor to acknowledge your note of this in stant, ‘handed me by Col. Geo. W. Hooper. In reply, I will say that Neil’s landing, in Florida, upon the Chattahoochee River, will suit me very well, and also I would say that I will take the Tuesday’s boat. I am, si/, with proiound respect, your very obedient servant, Benj. D, Lay. A true copy of the reply of Col. Ben. D. Lay, to Major J. F. Waddell, sent through Col. Geo. W. Hooper, at 2 p. m., July 19, 1*73. e. F. Colzey. No. 9—Board of Honor to Phillips. Columbus, Ga., July 21, 1873. Messrs. T. J. Phillips and James F. Wad dell—Gentlemen : Having reason to believe that matters of an unpleasant nature exist be tween joe, and entertaining the hope that they have not paused beyond the reach oi ad- you, we respectfully ask that you us the cause of complaint in the premises, to : the end that the same may be considered, and further action on our part taken, which we 1 hope may be the means of an amicable ad justment between the gentlemen. Respectfully your obedient servants, Martin J. Crawford, Wm. F. Luckie, Mark H. Blandford. Original note banded Col. Lay, by Board of Honor, July 21, 1873, John F. Shecut. | No. 12—Lay to Board of Honor. Columbus, Ga., July 21, 1873. Rankin House, Room No. 7, ljp. m. Messrs. M. J. Crawford, W. F. Luckie, M. H. Blandford: Gentlemen: Your second note of this date is just received; in reply, I have the honor to refer the cause of complaint upon the part of my friend. The copy of the Sun which I submit with this note, contains all to which we object: an unqualified retraction of the contents of Urn article is desired. I am, very respectfully, your obedient ser vant, Ben. D. Lay. P. S.—I will state that we have no objec tion to anything this article contains in refer ence to “Opelika,” but only in so far as the article reflects upon the memory of Mr. Phil lips. Respectfully, B. D. L. A true copy of Col. Lay’s second note to Board of Honor. July 21st, 1873. John F. Shecut. No. 13—Board of Honor to Lay. Columbus, Ga., July 21, 1873. Col. B. D. Lay, Rankin House—Dear Sir: —We acknowledge the reception of your last note, and regret exceedingly to find ourselves unable to bring the subject matter of our ne gotiations to a satisfactory conclusion. We have the honor to be, very respectfully, . vouj obedient servants, Martin J. Crawford, W. F. Luckie, M. H. Blanfokd. Original note from Board of Honor. t John F. Shecut. Fohn F. Shecut. No. 27—Phillips to Lay. Atlanta. Ga., August 31, 1873. Colonel Benj. D. Lay—My Dear Sir: I have received through the hands of ^ Mr. Jonn F. Shecut the account agreeably so, as I was glad to find"myself con- ! yon have given him to be shown to me of the fronted by so courteous a gentleman) to find I letter of Major James F. Waddell, addressed you on the boat with Major Waddell, and ^ me and sent to you through Major James more so, to find you bearing to me the Major’s T. Holland for delivery to me and which you reply to my note, which I personally delivered j have declined to bear to me- „ . w to him. Alter the delivery by me, of Capt. You know, my detr sir, that what I desire I I have four times before notified your party. Phillips’ message to Major Waddell, you the unqualified retraction ot Major Wad-1 With regard to onr personal difference, if came in for that informal visit, about which I! dell’s card, in so far as that card reflects dis- ; that i9 what you wish to refer. I can only say, “ * 1 A ' * J J I will refer it or not, as you please. If that be the point, I name Dr. E. F. Colzey, Col. A. R. Calhoun and Maj. John F. Shecut as my party. Please notify me of yours and the time ot meeting, which I leave to you, pro vided it be after my return from the trip upon which I am starting. Or it may, if you like, take place upon the boat as we joarney. I am, my dear sir, most truly your obedient servant to command, Benj. D. Lat. Correct copy of Col. Lay’s reply to Mr. Holland, delivered by Cspt. John C. Camp bell, in my presence, at 2 p. m. Geo. A. Wallace. No. 35—Lay to Holland. Eufaula, Ala., Sept 2, 1873, 10:30 p. m. __ . „ „ ^ AS ' T. Holland, care Gen. H. Ben- ..then his memory traduced in the public prints j ning, Columbus, G*.—I am onimv wav to Col. Geo. W. Hooper, Opelika, Ala.—My | request' him' to authenticate" some • b y tbe relative of that same mau, and now I ! Neil’s Landing, as I promised. Notify Major Dear Sir: I was absent when your favor of j friend to me, as I have been authentica-' ata as hed to accept au investigation ol uu- j Waddell. I shall wait for your party ninety- — A : —- *■ * ~ correspond. I t heard of charges against my relation and the six hours at that point. him copies of our * V , ** - bave had tne misfortune to find you differing creditably upon the memory of my deceased from me in memory. It is, therefore, with uncle. I think that was exactly what I said trepidation that I remember you claimed as a original note to Major Waddell, and bar to instant proceedings, that Major Wad- 1 w hich you delivered. dell would like to have his friend with him. ! 1 cannot now, or at any time, permit a dis- When I expressed surprise as you were there, cussion ot infamous charges concerning the and also Major Wynn, you then again re- j memory of my deceased relation. It is put-^ minded me ot your relationship. I remember ft dead man upon his defense, who could ■ I said I did not think you were so close as to ' never instruct his representatives how. when | according to my recollection tbe tirst and I "'ithin the prohibited degrees of kinship j ° r where to defend him. The memory of a accoraing to my recollection, tne urst aoo „ . I will not discuss this further d e8<J man ought to be-and a decent resuectl only note eyer receded from Cantam FhiUim ! feelthat ‘the | for tbe living reqmres that it should be-Lid game is worth tbs candle.” ' 8a< ; r ® < *\ , . . . . . I will only say to you plainly, and as a piaiu | . ^IVilized communities require tha the man, that it seems to me that you have trifled (aults of the dead, if any they had, should be with me. As you now say distinctly, and in I Wlt h them. £heir virtues, if they writing, that you are not the friend of Major ] possessed them, should aloue be remembered. Waddell in this matter, I shall, of course, ! * bls ca6e uncle, the biother of my annoy yon no further about it, but at i lather, cruelly murdered by one iiian, and once nddress myself to Major Waddell, Uj j *“' J A *' hjji ' the 11th, in reply to my note of the 7th inst., te( j t0 w j t h w kom I may came to hand. I am sorry that “yonr memory" f ee i j t my duty to remit to hii of the occurrence at “Neil s Landing” dit- T >— 1 1 am quite sure that mine No. 14—Lay to Waddell. Nun's Landing, Fla., July 23, 1873. Maj. J. F. Waddell: My Dear Sir:—You were kind enough td inform me in Columbus that you would re ceive a communication which I had for yon mt this place. I have the honor to inquire at what time it will suit your pleasure to receive that communication. I am, dear sir, very respectfully, yonr obe dient servant, Benj. D. Ijay. Correct copy of Colonel Lay’s first note to Major Waddell, at Neil’s Landing, Florida, July 23, 1873. John F. Shecut. No. 15—Waddell to Lay. Neil’s Landing, Florida, July 23, 1873—1:20 p. m. Colonel B. D. Lay—Sir—In reply to your note just handed me by yourself, 1 have the pleasure to state that I will receive, at any time when it may suit your convenience, the communication which you have for me. I am, very respectfully, your obedient ser vant, J. F. Waddell. Correct copy of Major Waddell’s reply to CoL L»ay. John F. Shecut. No. 16—Phillips and Waddell. Neil’s Landing, Fla. , July 23, 1873—3 p. m. Major James F. Waddell—Sir—In the Co lumbus Sun of June 25th, over your signa ture, appears an “advertisement” which re flects most cruelly upon tbe memory of my deceased uncle. Whatever course the press may have seen cause to pursue, or anonymous writers may have chosen to publish, I submit, was without either the knowledge or desire of his family, either immediate or remote. The allegations you make in that article are of au exceedingly painfnl character, and I am unwilling to believe that you would wantonly insult the memory of the dead, or gratuitously wound the feelings of the living. Therefore 1 address you this letter expressing the hope that you will disclaim all such intention, and request that you will withdraw every portion of that article which reflects discreditably upon the memory of my deceased relative. I am, sir, very respectfully, Thomas J. Phillips. Correct copy to Capt T. J. Phillips’ note to Maj. Waddell, handed to Col. B. D. Lay, in my presence, for delivery. . John F. Shecut. 1 delivered this note from Captain Phillips to Major James Waddell, at 3 p. m. July 23d, 1873. Benj. D. Lay. No. 17—Waddell to Phillips. Neii.’s Landing, July 23, 1873. Sir—I have received yonr note of this date and will reply in the nsual time. 1 have the honor to be,Ac., J. F. Waddell. To Captain T. J. Phillips. 1 hereby certify that the above is a comet fers from mine. serves me correctly. I shall regret if the ‘different opinion” on your part continues, though, as you have tailed to mention it to me, I dc not know in what it consists. How ever, I have consulted my memory, and have referred my note to you to Dr. Colzey, and I am quite sure that the matter was as I had written you. Should you still, after consider ing the matter, continue in your same opinion,! fear we 9hallfibd our difference irreconcilable, m which case I can oifly say, I am entirely at your service, and humbly await yonr pleasure. I am sorry to tell you that I cannot permit a count of time to run from the 23d of July. You are well aware that I commenced action on the 18th, and that I notified Major Waddell, on that day, that I had a “message for him,” and as all subsequent delay arose from the action of your party,I cannot in jus tice to my friend permit advantage to betaken of it; there has been far too much delay, and I regret to add too much publicity in this affair already, therefore I am compelled to notily you that my action will commence upon the morniDg of the 3d of September, “proximo,” unless I shall hear from your party sooner. I shall await your pleasure at this point, and should 1 be compelled to move earlier. I will notify you both by letter and telegram. Meanwhile, I am, Colonel, Your very obedient servant, Benj. D. Lay. A correct copy of Col. Lay’s second note to Col. Hooper. John F. Shecut. No. 21—Hooper to L«ay. Opelika, Ala., August 22, 1873. Col. Benj. D. Lay—Dear Sir : Your favor of 21st instant is at hand. It would be very absurd for rae to be offended with you because my recollection of an “unofficial” conversa tion between us does not happen to concur with yours. Being perfectly satisfied with my own recollection I freely acknowledge your right to an equal confidence in yours. I concur with you in regretting the “public ity ” which must however, have been stopped by your card in the Herald. As to your intimation of the course you in tend to pursue, in reference to Maj. Waddell, and the views you present as to his duty, I do not feel called upon to make any response, not representing him, as you are aware in this matter. I presume that ou inspection the correspondence between yourself and Capt. Phillips and Maj. Waddell will speak lor itself. I am sir, very respectfully yours Ac., G. W. Hooper. Correct copy of Go). Hooper's reply to Col. Lay’B second note. John F. Shecut. No. 22—Lay to Hooper. Atlanta, Ga., August 23, 1873. 8 p. m. National Hotel. Col. Geo. W. Hooper, Opelika, Ala.: My Dear Sir: Yonr prompt tavor of 22nd instant, in replv to mine of 21st, is to hand. While I am gratified Colonel at your prompt ness, you will forgive me if I say that I am grieved at the lack of perspicuity in your re ply. Let me deal with you frankly! I am not like yourBeli, learned in the law, and skilled to write words that convey a Round that soothes the mind, and lulls to hope, but at the period that should bring fruition, breaks tbe word of promise to the hope, while Keeping it to the ear, aud leaving dull despair and shameful dishonor to the waiting fool. I am Colonel, but a plain blunt man, unskilled in craft or wily tactics, a man who says exactly what be means, and means exactly what he says. Forgive me, then, if I find your note unsat isfactory, and believe me in the name of truth, when 1 point out to you wherein it is unsat isfactory. In your letter of tha lltb, you said in reply to my note of the 7th, “that your memory of the occurrences at Neil’s Landing differed from mine.” Now, Colonel, I bad written you upon the 7th, what my memory was. If therefore your memory differs from mine, and you are not in error, either I bad wJfully and delib erately lied, or I must have been a most egre gious ass, to have written privately to you. the chief party interested, a thing or things, of which 1 was not sure. This condition of things occurring to me, 1 was greatly distressed; I at once sent for Mr. correspondence.. In conclusion, Colonel, I hope that I shall not be thought going too far when I say to you, that I trust, after your written disclaimer, that all active interference in Ibis matter on your part will at once cease. ! unless you intend to fully assume the respon-1 sibility of such action. I remain, Colonel, your very obedient ser-1 vant, Benj. D. Lay, A true copy of Col. Lay’s third note to Col. Hooper. John F. b hecut. No. 23.—Ijay to Waddell. Atlanta, Ga., August 24, 1873. Major James F. Waddell, Seale’s Station, Russell county, Ala.: My Dear Sir: I have just terminated a cor respondence with Colonel George W. Hooper, which, as it bears directly upon yourself, I feel it my duty to submit to you. The letters, both on my part and his, speak for themselves, and need no explanation. You see, Major, that either intentionally or otherwise, you failed to properly accredit Col. Geo. W. Hooper to me in writing. I con sented to receive yonr notes, however, at his hands because ol his high character and stand ing, only taking the precaution to have each one properly authenticated, as having been delivered to me, from you, through the hands of Col. Hooper, together with the hour of de livery, as, save in one note, you had omitted to fix the hour of writing. As Col. Hooper, you see, now declines to hold the position of your friend only as it may suit his convenience and taste, and as 1 have certainly waited a reasonable time for you to accredit some one to me, I therefore ask you at once to name to me some friend through whom the future correspondence, in relation to tbe affair between yourself and Capt T. J. Phillips, may be conducted. As I have stated in my letter to Col. G. W. Hooper, and for the reasons therein recited, I shall expect to receive your written reply to the letter from Captain Thomas J. Phillips addressed to yourself and delivered by me to you in person at Neil’s Landing, in tbe State of Florida, at 3 p. in. of July 23d—at least by the morn ing ot the 3d of September. In view of the manner in which I consider Col. Hooper has trifled with me, I shall expect, Major, that your next messenger will be properly authen ticated to me iu writing. 1 shall await your pleasure in this city, at the National Hotel, unless some unforeseen circumstance should arise. Should I be at any time suddenly re quired to move, I shall not fail to notily you both by letter and telegram of my exact whereabouts. Meanwhile I am, Major, with profound re spect, your most obedient servant, Benj. D. Lay. Original draft of Col. Lay's note to Major Waddell, August 24, 1873. John F. Shecut. No. 24—Lay to Holland. Opelika, Ala., August 29, 1873. James T. Holland, Esq., Columbus, Ga.— My Dear Sir: 1 return you the letter and ac- bearer of my name. You were peifectly right to decline to bear me any such a mes sage, and you will state the party such mes sage is unsatisfactory to me. You have. Col onel, the written statement of what I ask. I am, dear sir, respectfully your friend, Thos. J. Phillips. No. 28—Holland to Lay. Columbus, Ga., August 30, 1873. Col. B. D. Lay, Opelika, Ala. —I have reply for you. Will you be in Columbus Monday. J. F. Holland. No. 29—Lay to Holland. Opelika, Ala , August 30, 8:20 p. m., 1873. Jas. T. Holland, Esq., Columbus, Ga.— I will come to Columbus on Monday. Benj. D. Lay. j No. 80. To the Editors of the Herald : A letter of Mr. James F. Holland, dated Columbus, September 1, 1873, and delivered to Col. B. D. Lay at his room in the Rankin House, was handed to me by Col. B. D. Lay, together with his reply, both of which I was to copy and file. The letter of Mr. Holland has been accidently lost or mislaid, but Col. Lay’s reply below copies and quotes all the important parts of it. Respectfully, John F, Schecut. September 10, 1873. No. 31—Lay to Holland- Columfub, Ga. . Rankin HorsE, Room No. 16, Sept. 1st, 1873, 4:45p. m. James T. Holland. Esq.—Mv Dear Sir: Four favor of August 30th, delivered to me by yourself, at about 3:30 p. m., is before me. You quote my language, and say that I said: “1 cannot consent to bear this letter to Capt. Phillips, as I do not conceive that it in any way touches the ground of his complaint. ’ In reply, you say that: “I have, at your sug gestion, examined tbe note of Capt Phillips (**) witb earnest solicitude to ascertain wheth er or not Major Waddell’s note of 28th of Au gust did touch the ground of his complaint, and on that examination I have concluded that it does touch the ground of complaint mentioned in Captain Phillips' note.” My dear sir, the issue you make with me is a very peculiar and personal one. I have ta ken the trouble to send for Capt. Phillips who Benj. D. Lay. A true copy of Col. Lay’e dispatch to Mr. Holland, sent from Eufau'a, Ala. John F. Shecut. No. 36^—Phillips to Waddell NfeiL'ii Landing, Fla., Sept. 3d, 2 pm. Major James F. Waddell—Sir: You have grossly insulted and injured me by your pub lished card of June 25th. For fifty days I have sought, in vain, for redress from you. You have in every instanoe peraiatently evaded me while pretending to meet me. I now demand from you the satisfaction due between gentlemen, and require an immediate answer. This note will be handed to you at this point by my friend, Colonel Benj. D. Lay, who is fully empowered to act for me. I am, sir, T. J. Phillips I certify that I saw Captain Thomas J. Phil lips hand this note to Colonel Ben. D. Lay for delivery to Major James F. Waddell. John F. Shecut. I certify that I notified Mr. James T. Hol land, (who had been accredited to me as the friend of Major James F. Waddell), as early as the l6t day of : September, that I was going to Neil’s Landing, in Florida, with my entire party, whither Major Waddell had once in vited us, and to which point we went. I cer tify that 1 waited there with Captain T. J. Phillips for uinetv-six hoars, expecting the arrival of Major Waddell, and that he neither came nor sent an excuse. Benj. D. Lax, M. D. We certify that we attended Captain T. J. . Phillips and Colonel B. D. Lay upon their trip and waited with them. E. F. Colzey, M. D., John F. Shecut, John C. Campbell. George A. Wallace. No. 37—Phillips to WabdKll At Nral’b Lanedtu. Fla. , 6 p. m., September 6. 187$. Maj. James F. Waddell—Sir—-Your reply of the 28th of August, handed to my friend CoL Ben D. Lay, at Opelika, by the hands of Mr. James T. Holland, in the presence of Colonel George W. Hooper, whieh reply my fnend Colonel Ben D. Lay refused to bear to me, upon tbe ground that it was insulting to me, by inviting me to discuss the character of has come to me and fully sustains roe in what j dead uncle, is unsatisfactory. I have done. j I _fuily sustain the action of Colonel Ben D. I now have the honor to notify Major Wad- ^ay in this regard, and should have thought dell that bis letter is unsatisfactory to Capt. Phillips. As to the difference of opinion between you him wanting to me bad be acted otherwise. You, sir, first intuited and injured, then evaded me in every way. 1 therefore assume and myself, I have the pleasure to say that right—which I have—to declare yonr card Capt Phillips and myself will leave this —at j published in the Columbus Sun of June 25th. 8 a. M. of to-morrow for the ground to which , 1873, (asau “advertisement”) to be foist aud Major Waddell once invited us, and both i wtfnie iu ererj/ particular. I declare you to Capt. Phillips and Major Waddell, as well ^ a who has slandered and villified the you and myself, pondence. For the original matter, 1 will continue our corres- Acad, yet ‘>briuk from meeting his living re- j lation. I there f ore proclaim yon to the world Nidering ! as lost to Loe aud Honor! As compauying enclosures which you have to-day j this, and will bear me any reply vou may presented me. They are addressed to Captain choose to make. h T. J. Phillips, of Atlanta, from Major J. F. Waddell, and are, I understand, intended to form a reply to Captain Phillips,’ note of July 23d, deliveied by me to Major Waddell in person, at Neil’s Lauding, and addressed to him. I cannot consent to bear this letter to Cap tain T. J. Phillips, aa I do not conceive tLat it in any way touches the ground of his com plaint against you. I, therefore, decline its delivery. Captain Phillips cannot, in my estimation, consent to any investigation of the memory of the dead, whose faults, if they had any. should be sacred. Their good deeds, if any they have done, should live after them. Be pleased to refer to tbe verbiage of the note of Captain Phillips, to which I have re ferred. If you should desire it, I will at any time write what will be satisfactory to Captain Phillips. 1 am, dear sir, with much respect, your obedient servant, Benj. I). Lay. This is the original, of which 1 made a true copy, which 1 saw delivered to James T. Hol land, Esq., August 29th, 1873, at twenty minutes alter one p. m., by Benj. D. Lay. R. M. Greene. more, that Major Waddell’s reply is unsat is- ! subject of Shame !” **A man who*< tongue is henceforth no slander ; M and so dismiss yon to the oontenpt of the world ! I am, sir, T. J. Phillips. No 38—Party to Phillip*- At Neal’s Landing, Florida. 6 p. m., September 6, 1873 Thomas J. i'hiluts, Esq., of Atlanta, Ga. Dear Sir: We, Benjamin D. Lay, H.D., of Mobile, Ala.; E. F. Colzey, M.D., ofColum- 1 bus. Go.; John F. Shecut, John C. Campbell, and George A. Wallace, of Atlanta, Ga., say: factory to Capt. Phillips as well as to myselt. and hence, should I not hear farther, my ! action ou the 3d instant will be the same as it no reply had been made. My friend, Capt. John C. Campbell, to wbom I beg to introduce you, will hand y< I am, sir, youi obedient ’servant, Ben. D. Lay. A true copy of Col. Lav ’s note, of this date, t° Mr J. T Holland, and «blcb I saw de- i TUat we hnve al ] aecomDanicd you on ’this. iTt ^ ’ at ; ■ vour la6t tri P t0 thU point. I the first three of 6 p. M. ot September 1st, 1878. _ | us were with you on your first trip) and have Johw F. Hhecct No. 32—Holland to Campbell At Home, .September 2, 1873. Captain John G. Campbell—Dear Sir—I regret that I am to-day confined to my bed by a violent attack of sickness, which compels me to transmit you my reply to the note of Col. Lay of yesterday by the" hands ot a gen tleman who has kindly consented to bear it Please hftnd the same to Col. Lav and oblige, Very respectfully, your obedient servant, J. T. Holland. No S3—Holland to Lay. Columbus, Ga., September 2, 1873. Col. Bxiu. Li. Lai—Dear Sir: Your note of yesterday was received by tbe hand, ol Capt John C. Campbell, in whieh you say that the issue I make with you is a very peculiar aud personal one. 1 can not however, couceive that the issue is either peculiar or personal — it certainly was not designed to be so. Upon witnessed, and we are all cognizant first of the cause of your wrong, and secondly, oi all the efforts you have made to right it, having remained with you throughout" yonr stay at this point. We now cordially indorse your action <hro\ojh- out, and declare, in our opinion, your family houor vindicated and your antagonist sfiumed. We are, dear sir, your obedient servants, Benj. D. Lav, M. D., E. F. Collet, M. D.. John F. Shecut, Geo. A. Wallace, Jno. C. Campbell. lie!erring to the practiea ot discharging lady clerks from the public offices when they get married, a Detroit pa per thinks it mast be wrong, and asks: ‘ How sal a woman be ex pected to snpport a husband if she is dis charged as soon os she gdts one T"