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TH* HBBALD—-ATLANTA, FBBB JABT 3, 1878.
ATLANTA DAILY HEjftlg. |THESUPREME OOtjRtf
low, the complainants amended their Dill,
the HERALD PEBLIKHne CO.
'l tiu paper has a larger circulation than
n\ other Journal in this citu.
Atlanta Thursday, F- broarr S, 1876.
IK RMS OK XUK ATLANTA HERALD.
month*, ffS.80. Delivered j
DECISIONS RENDERED IN ATLANTA, GA
FEBRUARY 1.1876.
Hon. Hiram Warner* Chief JciMtlee, and
Homb. L. E. B lee It ley and Janie* Jaek-
*on, Jndfes.
r EDITION—By mail, one year, 62.15; six
When powble, piease tend a draft on Atlanta or Sims vs. Kidd et. al. Rule, from Ogle-
New York, or a Postoffice money order. When thorpe
neither of these can be procured, send the mo w i p vtcr? p t r '
ney, but always in a Registered Letter. W AKi>h,K, U. J., .... ._
Local A«ents wanted In every town where there are This was a rule against the Sheriff on
none already, to whom special and Kfcefg i°- ; the following statement of facts as are sub-
ilnMmunti am nffipiwi Fnr nn.rtienlfl.rs iinareSF . ,, .,
atantially set torth in tne record. On the
first Tuesday in July, 1875, the Sheriff sold
a tract of land under two common law
Probabill lie. For To-day.
For the South Atlantic and Gulf Stales,
high, followed by falling barometer. North to
east winds. Continued cold and clear or part
ly cloudy weather will prevail.
The Legislature sustainedBoard of the
Health on yesterday by a large vote. So
we shall have at least one more year <>
Bnreaus.
The Savannah News explains that its fre
quent allusions to the Hon. Potiphar Pea
fi. fas as the property of W. H. Kidd
which was bid off by Sims for the sum of
$805. After satisfying the two common
law fi. fas, there remained in the Sheriffs
hands an excess of $183. The defendant,
Kidd, on the 6th of July, 1875, gave to
Olive an order on the Sheriff to pay to him
the excess arising from the sale of his prop
erty, after satisfying the two common law
fi. fas, in payment of a claim which Olive
had against Kidd. This order was placed
in the Sheriffs hands before the sale of
the land. Sims on the day, and before the
sale, placed in the hands of the Sheriff a
■ <>' »•* *» r»™ ,r.;«;r.T«*~n n » ts
the heart of any particular member of th
Legislature. The Hon. Potiphar P., it says,
is quite unanimous.
It is proposed, iu Washington, to peti
tion Congress to make an appropriation
for the establishment of an inebriate asy
lum in that city. The idea is that Congress
uncover the conscience fund now in the
Treasury, to make the same available to
this end.
The New Orleans Bulletin, in an editorial,
warmly advocates the completion of a
railroad to connect the State of Louisiana
with those States west of it, especially
Texas, as of essential importance to the
future commercial prosperity of that sec
tion of the country.
Mr. Richard Peters, the Centennial Com
missioner for this State, states, in an inter
view published elsewhere in The Herald,
that unless Georgia takes some steps in the
matter, she will forfeit her space in the
exhibition halls. This official statement
brings the matter down to a point. Let
the Legislature decide at once, and fully,
whether or not Georgia is to be represent
ed at Philadelphia. It is a question that
won’t keep.
THE UAR.YIKHNIE.YT LAVA
In the discussion of the garnishment
laws, now occupying the attention of the
Legislature, great care should be taken not
to infringe upon the rights of one class of
citizens while attempting to protect the
rights of another class.
It is proposed now to pass a garnish-
•ment law, that will take effect from
the day that it is signed by
the Governor. Such a law would be man
ifestly unjust. There is scarcely a retail
grocery merchant in the State, who has
not sold hundreds of dollars to laboring
men and mechanics, on the basis of credit
guaranteed by the garnishment law. If
that law had not been in effect, they
would never have sold the goods. If it is
repealed, as the Legislature now proposes
to repeal it. they will have no possible
chance of collecting their accounts.
What should be done, if indeed it is ad
visable to repeal the law at all, is this. Let
the repealing act be so amended as to allow
merchants to collect by the powers of gar
nishment all goods sold by them while the
garnishment law was in effect. The State
furnished that law to the mechanic as a
basis of credit. It should now protect the
men who sold goods to the mechanic
under that guaranteed action of the State.
Such protection is necessary. There are
many merchants who have thousands of
dollars sold under the guarantee of this
law; many men who will be bankrupted
if they are left without recourse by which
to collect their outstanding accounts. Ii
can be no injustice to the mechanic. He
bought the goods under the protection of
the law. Had it not been for the law, he
could not have obtained the goods; and
he should now be willing to see them col
lected under the law of usury. We do
hope that the Legislature will not see the
bill pass without some amendment, which
will protect the merchant in what he has
already done, under his faith in the State’s
good word.
HOT. WKKF.Si (!) R. DIKE
Messrs. Editors: In the Herald of
yesterday morning appears a communica
tion from Green i!) R. Duke, one of the
Representatives from Jackson county, re-
yiewing my speech published in your pa
per on the 1st inst. There are four points
in the gentleman’s communication that I
desire to answer.
1st. As to whether or not the people of
Jackson county are in favor of a Constitu
tional Convention. I havs asserted they
are. Mr. Duke says they are not. This be
gets a question of veracity between myself
and the Hon. gent that we cannot settle
just now, but I am more than willing that
the people he “polled” on it.
Ind. That Mr. Duke was elected to the
Legislature at the same time I was I do
not controvert.
3rd. That he voted for me I presume is
true.
“4th. As to Mr. Duke’s vote on onr pres
ent Constitution, and as to whether or not
he voted for Gen. Gordon I am not ad
vised. One tiling I do know, Mr. Duke
along about that time joined the Loyal
Leaguers, and they generally, I believe,
voted for the Constitution and Bullock
without modification, and are for the Con
stitution now! The question of “consis
tency” contained in the facts concerning
Mr. Duke’s past record, and present party
affiliations I am satisfied with if be is, and
should not have mentioned that had he
not introduced the subject.
I am satisfied with my record on the
Constitutional Convention question, and
the fact that Mr Duke had not been on the.
record at\ all, until after the vote on that
question had been taken, I suppose satis
fies him, and mav appease his anti-conven
tion constituents, but I hardly think so.
My idea has always been that
when the people elect a man to the
Legislate re, they expect him to stay about
the Capitol and look after their business,
when, indeed, it is a notorious fact*!hat
Mr. Duke has not been in his seat in the
Honse of Representatives not more than
six days during the session, and we have
been here more than twenty-one davs. It
is then quite strange that he should thus
endeavor to agitate in the public prints a
question he neglected to serve the people
upon as one of their paid agents. It is
conceded by all that the question of call
ing a Constitutional Convention was be
yond all doubt the most important before
the present session of the Legislature, yet,
in view of this fact, Mr. Duke absented
bimsell during the discussion of the
bill, and was actually absent when the
vote was taken upon the same.
"Ufa, coatittency, thou art a jewel ”
J. M. I’otts.
On Friday morning, the 14th inst., the
great race horse Daniel Boone was found
dead in bis lot at Magnolia Stud Farm,
near Danville, JCy. He made his appear
ance on the turf in 1859, and bis best race
was for the Crescent stakes, two mile
heats, at New Orleans, which be won in
*88*, 3.26*, after which he retired.
which had been duly recorded, but which
had not been foreclosed, and claimed that
the $183 in the Sheriff’s hands should be
paid to his mortgage.
Sims, on motion, was made a party to
the proceeding before the court, and set
forth in writing the grounds of his equita
ble claim to the money in the hands of the
sheriff, alleging that Kidd was insolvent.
The court ordered the money in the sher
iff’s hands to be paid to the defendant
Kidd for the use of Olive; whereupon
Sims excepted. The mortgage of Sims was
dated on the 2d of June, 1875. and recorded
on the 9th of June, 1875, and was of older
date than Kidd’s order to the sheriff to pay
the money to Olive, and it was admitted
that Kidd was insolvent. Whilst it was no
sufficient answer for the sheriff to protect
him from paying the money in his hands
under the rule, that Sims had placed
his hands a mortgage against
Kidd which had not been foreclosed, still,
Sims had the right to come before the
court and be made a party to the proceed
ing for the purpose of asserting his equita
ble claim to the money arising from the
sale of Kidd’s land, on which he had a
mortgage, as against the claim of Kidd to
the money, or his assignee, Kidd being in
solvent, and the question was, who had
the superior equity to the $183 in the
sheriff’s hands, arising from the sale of
Kidd’s iand, Kidd or his assignee, Olive,
or Sims, who had a duly recorded mort
gage on the land. In our judgment, Sims
had the superior equitable claim to
have the money in the sheriff’s hands ap
plied to his mortgage, unless it could have
been shown by the other contesting party,
that the mortgage had been satisfied, or
for some other reason that it was not a
valid subsisting mortgage. On the state
ment of facts disclosed in the record, we
reverse the judgment of the court below.
Judgment reversed.
W. G. Johnson for plaintiff in error.
Jno. C. Reed for defendants.
Sale et al. vs. Wingfield, Administrator.
Claim from Wilkes.
WARNER, C. J.
This was a claim case, and a case in
which a summons of garnishment had
been issued. Bo.h cases, by agreement of
the parties, were submitted to the decision
of the presiding judge as to the questions
of fact and law involved therein. It ap
pears from the evidence in the record that
Wylev, the plaintiffs intestate, loaned
Sale $4,000 in gold coin for the purchase
of a tract of land containing 1,294 acres,
for which Sale and wife executed their
promissory note, and to secure the pay
ment of which Sale executed a mortgage
on the land purchased, which mortgage
was foreclosed and levied on theland, the
claimant claiming 230 acres thereof as a
homestead exemption. The land for
which the money was loaned by Wyley
to Sale to purchase was owned by
Mrs. Simpson. Wyley placed the
money in the hands of Du-
Bose, with instructions to hold it
until Sale procured awdeed to the land
from Mrs. Simpson so that he could exe
cute a valid mortgage on the land to se
cure the payment of the note. When Sale
procured the deed to the land from Mrs.
Simpson, DuBose wrote the mortgage, and
S. Sale executed it, and the money was
then paid to Mrs. Simpson for the land.
The mortgage was executed in December,
1870. In April, 1874, Sale, as the bead of
a family, obtained and had set apart 230
acres of the land as a homestead exempt
ion. In relation to the garnishment, it
was admitted that DuBose, the garnishee,
had in his hands $425 00 for the rent of
the entire tract of land purchased by
Sale from Mrs. Simpson for the year 1874,
which had been paid by his tenant in ad
vance for the rent of the land. The
money for the rent of the land in Du
Bose’s hands paid for Sale, was paid be
fore any applicaiion for homestead ex
emption of personally was made. The
court decided that the land set apart as a
homestead in realty was subject to tbe
plaintiff mortgage fi fa, and that
the money in the hands of DuBose as gar
nishee, except the sum of $200 which was
exempted as personalty, was also subject
to the plaintifl fi. fa. Whereupon the
claimant excepted. The debt which the
mortgage on the land was given to secure,
was for the purchase money of the land,
and the execution which was issued on
the judgment of foreclosure of that mort
gage and levied on the land, on a part of
which the homestead was located, is
within one of the exceptions specified in
the constitution, therefore, it was subject
to levy and sale in satisfaction of the
plaintiffs mortgage fi. fa. It is insisted
that inasmuch as Sale paid $987 00 of
the purchase money for the land, besides
the sum included in Wyley’s mortgage,
that there should be an apportionment of
the value ol the homestead land to the
other land not included in the homestead.
There is some doubt from the evidence
of Simpson, whether the $987,00 paid
by Sale was paid for the land, or
whether it was not paid for personal
property on the place sold to Sale
But be that as it may, in our judgment,
according to a fair interpretation of the
constitution, a homestead cannot be taken
on any part of one entire tract of land
which has been purchased, so as to ex
empt the same from the payment of the
purchase money due therefor. In other
words, the entire tract of land purchased
must be paid for before a homestead can
be located bn any portion thereof and be
exempted from the payment of the pur
chase money due therefor. The rent mon
ey in the hands of the garnishee belonged
to Sale, and was subject to the payment of
his debts.
Let the judgment of the court below be
affirmed.
F. H. Colley, 8. H. Hardeman, Jno. C.
Reed for plaintiffs in error.
R. Tombs for defendant.
Virgin et. al. vs. Wingfield. Equity, from
Wilkes.
WARNER, C J.
This was a bill filed by the complainants
against the defendant to recover certain
described property, including a house and
lot in tbe town of Washington, Wilkes
county. On the 15th of October, 1863,
Weems, who was In possession of the
house and lot, acting as trustee for his
wife, sold and conveyed the same to Wy
lev for the sum of $17,500 00, signing the
deed as trustee. The complainants are the
children of Weems and wife, and claim
the property sued for under a trust deed
executed by Weems and wife to Wingfield
in 1861. lor a more detailed statement of
the facts of the case see Wingfield vs. Vir
gin et al., 51st Geo. Rep., 139. This is the
third time this case has been before this
court. It was first brought here by the
defendant, Wingfield, and this court re
versed the judgment of the court below,
and granted a new trial, holding that Wy
ley, the defendant’s intestate, had a good
prescription title under the statute to the
and alleged that the deed under which
Wyley went into possession asoolor of title,
made by Weems to him, was procured by
fraud, and sought to prove the fraud by
Weems. The court below held that Weems
was an incompetent witness, and then
dismissed the case. The complainants
sued out their writ of error and brought
the case here for review. This court re
versed the judgment of the court below,
holding that Weems was a competent wit
ness, and that the question whether the
deed from Weems to Wyley originated in
fraud so as to defeat his prescriptive title—
was a proper question to be submitted to
a jury under the allegations in the com
plainant’s amended bill. On the last trial
of the case on the question of fraud, the
jury, under the charge of the court, found
a verdict in favor of the defendant. A
motion was made ior a new trial on the
several grounds set fourth therein, which
was overruled by the court, and the com
plainants excepted. The only witness who
testified that Wyley knew his possession
of the house and lot originated in fraud
under his deed from Weems, was Weems
himself, one of the parties to that con
tract All the other witnesses testify to
what Wyley said and did afterwards, when
the validity of his title to the house and
lot had become a matter of discussion
amongst his neighbors.
Although I concnrred in the judgment
of the court holding that Weems was a
competent witness on the trial of the case
of the complainants against the defendant,
he not being a party to that suit then on
trial, it does not necessarily follow that be
cause a witness is competent to prove
general facts within his knowledge, that
he is competent to prove certain special
facts, under the provisions of the evidence
act of 1866; and if the testimony of Weems
as to what he said to Wyley, and what
Wyley said to him at the time ot the exe
cution of the deed by him to Wyley, going
to show that it was a fraudulent contract,
had been objected to on the grouud that
Wyley, the other party to t hat contract, was
dead, the objection, in my judgment, should
have been sustained, although he might
have been a competent witness to testify to
other facts in the case independently of
what was said and done between himself
and the dead man, Wyley, at the time of
the execution of the deed by him to Wy
ley. The testimony of Weems, however,
was admitted in relation to what was said
by him to Wyley, and by Wyley to him
at the time he sold the house and lot and
executed the deed to Wyley therefor with
out objection, and the jury found for the
defendant with that evidence before them.
The question was not whether Wyley
could be charged as a trustee in view of
the principles recognized by courts of
equity, if the Buit had been instituted
within seven years, but the question was
whether Wyley had a good prescriptive
title to the house and lot under the inw
ard facts of the case. According to the
previous ruling of this court in this same
case, (Wingfield vs. Virgin, et al., 51st
Ga. Rep., 139.) Wyley had~a good prescrip
tive title to the house and lot under the
law, unless it could be shown that his
prescriptive title originated in fraud.
The fact that it appears from the evi
dence in the record, that Wyley paid a
fair and full consideration far the prop
erty to Weems when he purchased
it from him and took his deed therefor
and went into possession under that deed,
is strong presumptive evidence at least
that it was a bona fide purchase of the
property on the part of Wiley. To rebut
that presumption, and to show that
Wiley’s prescriptive title which he claims
under the law, originated in fraud, the
testimony of Weems is mainly relied on.
In view of his testimony on the last trial
as the same appears in the record, it is
quite probable that the jury did not give
much credit to it, and that was exclusively
a question for their consideration. The
charge of the court in relation to tbe
main controlling points in the case, was
substantially correct, and although there
mav have been some errors in it, still the
verdict was right under the law and facts
ol the case, and we will not disturb it.
Let the judgment of the court below be
affirmed.
W. M. & M. P. Reese; Vason & Davis;
John C. Reed, for plaintiffs in error.
Robt. Toombs, for defendant.
Bush vs. Dupree’s ex’rs. Rule from Ogle
thorpe.
BLECKLEY, J.
1. Discharge in bankruptcy does not
affect the prior lien of a judgment upon
land set apart to the bankrupt as exempt,
the creditor not having proved his debt,
nor done anything to waive his lion or
submit it to the jurisdiction of the bank
rupt court.
2. The land is protected from levy and
sale under the judgment, to the same ex
tent only as it would have been protected
by the homestead and exemption laws of
this state, had no proceedings in bank
ruptcy taken place.
3. When the lien is that of a judgment,
which was rendered prior to 1868, the in
creased exemptions provided for by the
present constitution will not hold against
it.
Judgment affirmed.
Jno. C. Reed for plaintiff in error.
R. Toombs tor defendants.
Ward vs. the State. Stabbing, from Ogle
thorpe.
BLECKLEY, J.
1. Although, on an indictment for stab
bing, it might be competent to convict of
an assault, or of an assault and battery, or
of an attempt to stab, instead of wholly
acquitting the prisoner, yet where the evi
dence clearly proves the offense as charg
ed, it is not error against the prisoner for
the court to instruct the jury that they
can return no verdict but one of guilty or
not guilty.
2. To constitute stabbing the knife need
notenfer further than to penetrate the
skin and draw blood—certainly half an
inch, or even the eight of an inch would
be deep enough.
3. Opprobrious words will not justify
stabbing.
Judgment affirmed.
John C. Reed for plaintiff in error
Samuel Lumpkin, solicitor general, by
S. H. Hardeman for the Sjate.
Duncan vs. Anderson. Complaint from
Wilkes.
BLECKLEY, J.
1, Once granting a new trial presiding
judge, for wane of sufficient evidence to
supj>ort the verdict, can hardly be said to
be abuse of discretion, since the parties
have no longer the resource of appealing
to a special jury, and affirmance in the
Supreme Court is almost a mat ter of course.
2. The landlord is not responsible in
damages for a tort committed by his crop
per in hiringor working servants previous
ly employed by another master. The facts
of this case do not make either an original
agency or an agency by ratification. The
cropper alone had the power of employ
ment and of discharge.
Judgment affirmed.
F. H. Colley, for plaintiff in error.
W. M. & M. P. Reese, for defendant.
Wm. W. Daniels vs. The Intendant and
Wardens of the town of Athens. Case,
from Clarke.
JACKSON, J.
1. A contiguous embankment necessary
to make access to a bridge so as to pass
teams and wagons over it, is part of the
bridge, and title to tbe bridge covers such
an embankment.
2. A bridge though within the corporate
limits of a municipality, may belong to
the county and not to the municipality;
and if it be recognized both by the county
and municipality as the property of the
former, the former and not the latter is
bound to keep it in repair; and the duty
to repair extends to ail the bridge In
cluding whatever contiguous thereto is
necessary to get access to it to cross the
stream thereon.
3. If such bridge was built and rebuilt
by virtue of the authority of the county,
which disposed of the old timbers at each
rebuilding according to its own will, and
authorized the municipal authorities to do
all they did iu regard to rebuilding it, as
suming and exercising the right to declare
it a toll-bridge in the contingency that the
municipality tailed to pay the bonds issued
by it for rebuilding tine bridge, tbe title
an<T duty to repair Is in the county, no
matter in what proportion the county and
town contributed to rebuild it.
4. The tact that the town authorities from
time to time voluntarily repaired the
bridge and worked and kept in order the
embankment leading to it, does not change
the title to the property or the legal duty
devolving upon Its owner—nor does bucIi
voluntary repair and uses make such a
case of dedication by the county to the
town as to change the title and legal duty
to repair.
5. If the embankment was not a neces
sary part of the bridge, but was a part of
tbe streets of the municipality, the town
and not the county would be bound to keep
it in repair; and whether it be the one or
the other, is a question for a jury under
the charge of the court, and such question
being fairly submitted by the court and
decided by the jury this court will not in
terfere.
6. It follows, that whether a party cross
ing the bridge in a wagon, and precipitated
from the embankment by the backing of
his horse from the entrance of the bridge
fifteen feet on the embankment, and
thence over the embankment fifteen to
twenty feet high, and thereby
severely injured, can recover from the
town authorities, turns on the title to. and
consequent duty to repair the bridge and
its appurtenances, and whether the em
bankment be an appurtenance thereto;
and these questions having been fairly
submitted to the jury, and a new trial
having been refused thereon, the evidence,
to say the most for the plaintiff in error,
being conflicting, this court will not con
trol the discretion of the court below in
refusing to grant a new trial.
7. The law in regard to negligence and
its effect, both as lesjiects the plaintiff and
the defendant, having been substantially
given by the court, and no request having
been made in writing or otherwise, to
uinend the charge by calling the attention
of the court to the doctrine of contributo
ry negligence, this court will not direct a
new trial, although the court below omit
ted to charge upon that subject, especially
as the verdict of the jury probably turned
upon the other points made by the plead
ings.
8. This case having been before this
court before on the same pleadings, and
upon the same evidence substantially, and
the principles of law applicable to it hav
ing been then decided, and as then decided
fairly submitted in the charge to the jury,
it is res adjwiicnta in essence if not in
form, and on that account it would require
a very strong case to induce this court to
re-open tbe controversy. See Daniels vs.
Athens, Pamphlet, Jan. term, 1875, p. 5.
Sharman & Red field on Negligence, 252,
253,160, 33-34, 416-417, and notes. 2 Dillon
on Mun. Cor. 789, 576, note 493, et al.
Judgment affirmed.
S. P. Thurmond; Emory Speer; Jno. C.
Reed, for plaintiff in error.
C. D. Hill; Cobo, Erwin & Cobb, for
defendant.
James S. Sims vs. Lester <i Hunnicutt,
adrn’rs. Case, from Oglethrope. De
murrer.
JACKSON, J.
• 1. The failure of the mortgage of an
older mortgage to apply to that mortgage,
before its foreclosure a particular payment
according to directions given by the mort
gagor at the time of the payment, is
simply a breach of contract;* and the
right, of action on such hreacli is in the
mortgagor, or if he be dead, in his legal
representatives, and not in the holder of
a junior mortgage on the same property,
though it be averred that if the payment
had been applied according to instruc
tions, the junior mortgage would hav-
received something from the mortgaged
property and that the mortgagor’s estate is
insolvent. There is no priority of contract
between the junior and senior morlgagees
so as to authorize the former to sue the
latter directly. Suit must be brought by
the legal representative of the mortgagor
on the breach of his contract, and then
the recovery will be assets for distribution
according to the statute of distributions,
and the junior mortgagee may or may not
receive something on his mortgage accord
ing to the priorities prescribed by that
statute.
Judgment affirmed.
\V. G. Johnson, Jno. C. Reed, Samuel
Lumpkin, J. T. Olive, for plaintiff in error.
R. Toombs, J. D. Mathews, for defend
ant.
Abraham Barton, garnishee, vs.'Samuel \Y
Winn. Garnishment, from Wilkes.
JACKSON, J.
1. Process of garnishment will not be
dismissed because plaintiff’s attorney sign
ed the bond as security, such attorney not
being employed in the garnishment case,
but having acted as such only in the origi
nal common law suit.
2. Section 3168 of our Code is directory
only, and construing it in connection with
section 4, paragraph 6, the fact that an at
torney in the garnishment signed the bond
as security would not make the proceeding
void, it not being so expressly provided by
the ensetmentin section 3268.
3. The debtor by promissory note may
be garnisheed, and if served with the
summons before he has paid the note, he
will pay it at his peril, nor is lie protected
in paying to a third party who acquires
title after the service of the summons, if
the note be overdue. Such holder takes
the overdue note subject to all the equities
between the original parties, and among
these equities in the right which a vigilant
creditor acquires by his attaching the note
by serving the summons of garnishment
on the maker. 38 Ga.. 17.
4. The issue in such a case is, to whom
did the note belong when the summons
of garnishment was served ?—and to illus-
trate that issue, a letter to his agent to
purchase the note by the holder, is
admissable to'show when he got title, as
well as the bona fides of his purchase.
The garnishee’s whole defense rests upon
the holder’s title to whom he paid the note,
and therefore his acts and letters are ad
mirable against the garnisheed.
Judgment affirmed.
F. II. Colley; S. H. Hardeman, for plain
tiff in error.
W. M. & M. P. Reese, for defendant.
Anderson Wynn, Jr. vs. The Slate. Mur
der, from Hancock.
JACKSON, J.
1. On an indictment for murder, the
court should not give the law of voluntary
manslaughter in charge to the jury, if
there be no evidence which would author
ize the jury to consider that lower grade
of homicide; but if there he sufficient
evidence to create a doubt, however slight,
upon the point of whether the offense be
murder or voluntary manslaughter, and of
one of the defenses urged by defendant’s
counsel be, that the facts make a case if
voluntary manslaughter, and if the atten
tion of the court be called by counsel
thereto, the court should instruct the jury
upon the law of voluntary manslaughter
as well as of murder; otherwise the jury
would be deprived of their privilege to
pass upon the facts, and the defendant
would be denied his right to have them
try every issue of fact.
2. It isnoterrorto call the jury’s attention
to physical facts, such as the appearance
of the pistol and cartridges used in the dif
ficulty by the deceased, as circumstances
which they may invoke to settle the con
flict in the testimony of witnesses, especial
ly where the court says distinctly in con
nection with this part of lus charge, that
he niether expresses nor intimates any
opinion as to the effect thereof.
3. The pistol, though tired off after the
rencontre Is over, may go to the jury for
their inspection, anil its condition as found
at the close of the fight may be described
by witnesses who saw it then and before
it was altered by tiring; hut no experiment
by tiring or otherwise, if made frith ut de
fendant’s consent, and after the homicide,
should be admitted as evidence. It might
result in the improper manufacture of tes
timony after the close of the affray.
4. Witnesses may testify about the ap
pearance of the pistol and cartridges at
the close of the fight, marks of indentation
or the want of such marks, as indicating
whether other barrels had been snapped
or not, and ali other facts connected with
the pistol and cartridges unaltered from
their condition at the close of the fight;
and upon further testifying that they are
familiar with such weapons and their use
and practice, they may give their opinions
upon the question, whether the appear-
Pro and Con for Texas and Southern P»-
ellie Before the C'onareaalonal lorn
mitlee * Now Judiciary Bill-
The Question or the Presi
dency—Matters In the
donate, Etc.
XtaA^r'.te.rffl^JESTERDAY IN CONGRESS.
that other, and how many, barrels had i
been snapped ; the jury, of course, being WH.IT TBE NATION’S KEEPERS ARE
free to form their own opinions and draw
their own conclusions from all the testi
mony.
5. The flight of the accused, where and
when arrested, whether ne resisted or rot,
how he was armed, and all the circum
stances attending his arrest, are admissi
ble to be considered by the jury for wbat
they are worth.
Judgment reversed.
J. T. Jordan, Geo. F. Pierce, for plain
tiff in error.
Samuel Lumpkin, solicitor general;
Seaborn Reese, Charles W. Dubose, for
the State.
By TUB H A V.
Maine’s lumber trade is depressed.
Cattle are getting scarce in Texas.
Germany will have 1,033 Centennial ex-
hibltors.
Parson Brownlow favors Hamilton Fish
for President.
A Kentucky paper nominates Allen G.
Thurman for President, and John W. Stevenson for
Vice President.
•‘Thus far into the bow-ow-owels of the
land,” tm the tramp reuiarits.1, after being chased a
mile and a half by a buli-dog.
Kovel readers are, after a dull season,
to b-i rewarded for patience. All «.t once come Wm.
Slack, George Elliot and Wilkie Collins.
The Connecticut Democratic State Con
vention will not be held until February 23, as the
committee is not able to obtain a hail ou the 22d.
The Illinois Democratic State Commits
tee will hozd an informal meeting (such the cab
styles it; for consultation in Chicago February 8.
The Republicans of Henry county, In
diana, iu convention assembled, have unanimously
indorsed Mr. Morton for the Presidency.
The Boston Herald says that six mem
bers of the last Massachusetts Legislature have
turned out badly, Winslow being the latest heard
from.
An Ohio Democratic paper insists that
Mr. Thuruiau shall not be nominated for President
because tire Republicans generally speak well of
him.
Butler has turned up. It is positively
asserted mat he will run lor Congress again—or at
least foi ike nomination, in his old district next
summer
Gov. Cheney, of New Hampshire, has
accepted the Republican nomination lor re-election,
and piomn»ei», if again chosen, to endeavor to dis»
charge tne duties laiihiuliy and honestly.
Washington was once asked to dine with
Judge Jones The chair in which he wouid nave
sat if he had accepted tms invitation will be ex
hibited at the Centennial.—Norwich Lulleun.
The eall for the Republican State Con-
ventiou iu Ohio invites ali voters, without regard
to past party affiliations, who desire the success of
the principles oi the Republican organizali<
join iu the elec non of delegates.
Speaking u! Gov. Hays, of Ohio, the
Chicago Journal s.ysthat, as a compromise candi
date, he rank* wnn Mr. Wheeler of New York, and
a legion of other possibilities, but he cau hardiy
expect to be the li.st choice 01 any delegation, ex
cept the one Horn uisowu State.
Darwin sa^s ilie male grasshoppers use
their bind ieg> to tiddie on the edge of their wings,
ann that the best n idler always wins the affections
of tne ieinaies urst. Mr. r^arwin is usually reliable
but really, uin, is .oing v.olihj to the credmity
his read e is.
Mrs. Elisha Keene, of Marshfield, Mass.,
placed u .token pumpkin in the oven oi her stove
ior the purp >se 01 tuawing it. As sue was about to
remove i. rt exploded with a report oi a bomo&hen,
a part staking tne old lady in the lace with great
force ana burning nor severely.
It is laineinable, hut here is the Oincin-
nati Euq iircr proclaiming that it does not want and
will not nave narmouy in the Democratic party, n
“harmony" means that Uie bauktn, and money
lenders and oouauolders are going to plant in*
nemocra ic puay on a republican piatiorm.
One of a party of twenty-live sailors of
Yale Cohtge, wno recently accompanied Prof. Da^a
liaveu, loooScrve some glacial scratches, secretly
made some scratcues ot in* own upon a rock, coll
g ou the Pioicsaor to account for them, reeeivea
e reply, “They look iiae the work or an insh-
Gov. Bard, ex-postmaster and third-
termer-iu ciuei, i$ haunting the Capitol at Wash
ington at all hours or the day and night. What he
is after is not known, but he is said to cairy the eye
of a mun who wants an office, and wants it badiy.
That is the coinpiaiut of all the third-term advo-
[efttea.
ACROSS THE WATERS.
telegraphic sparkles bt the
OCEAN CABLE.
Tbe Harvest Heme Ol raster—Cbnrrh
ami State In tiermany—The Carl tutu
Retreating In Spain.
GREAT BRITAIN.
The Rochester Express remarks: “If
Mr. Conkliug were nominated for the Presidency by
the Republicans, it would be perfectly agreeable to
us for the Democrats to set up Mr. Tilden. Perhaps
the distinction of beiug defeated by Senator Couk
ling still reuiaiuH to crown the honors of Governor
Tilden’s lonely life.”
Mr. fciipley, a noted hermit of Pike
couuty, Peuu&ylvauia, is dead, lie was formerly a
wealthy merchant of New York city, but failed in
business. His reverses so preyed on his mind that
he fled to a wild, desolate place, several miles from
any habitation. There for thirty-flve years he has
sustained himself by fishing and hunting.
A Boston gentleman escorted a lady
home one bitter cold night lately, and bid her good
night on the door step, before she had tried to tfn
lock the door Sue found that the key would not
fit, and she stood iuiear and trembling until a po
liceman came to the rescue. Such an accident
would never have happened to a Boston girl.
The Cincinnati Times fathers this
“Under the new Texas constitution nine votes of a
jury are sufficient to convict. But. practically it
doeau’tamount to much—a Texas jury always plays
seven-up for tne verdict, unless its a case of horse
stealing, when they haug him before tukiug the
evidence, in order that their minds may remain un
prejudiced.”
How often have we seen the blooming
maiden upon whose face smiles danced like sun
beams upon the bosom of the sea, and whose prom
ise of happiness unalloyed and hope unrcquitted,
sitting with a huge wad of gum iu her mouth, and
herbeautifu chin rising and failing like a wave
upon the ocean, while the weak pastor endeavored
to poiut her to the New Jerusalem.—Livingston,
Kentucky, Era.
The Paris Entr'acte states that a grand
chess match by correspondence, to last two years, is
to played between England and France for a
ttake of *10,(TO francs. The headquarters in Paris
will be at the Cafe de la Regence, where the princi
pal p ayers, under the direction of Rosenthal, will
form themselves iuto a committee. Three days will
be allowed for each move, which will be made by
telegraph.
Gov. Rice, ex-Governor Gaston, Mayor
Cobb, Mr. Ra!ph Waldo Emerson, the Rev James
Freeman Clarke the Rev. E. E Hale, the Honora
ble Geo. 8. Hillard, Mr. W. D. Howells, and the
Hon. Charles Hale were present at the Globe Thea
ter, in Boston, on Monday evening of last week* at
the invitation oi Manager Cheney, to witness the
first presentation of the drama, “Broken Hearts.”
He was a teamster in the oil regions^
and he had half a dozen barrels of the crude article
to carry to the railroad. When his wagon got
8tallefl, and his mules kicked, and his breechings
broke, and his load rolled off into the mud, then
the bystanders waited to Lear him sweAr a blue
streak, which t-hould do fu!l justice to the occasion.
But he didn’t He simply turned around with a
sickly smile of despair ou his face, and quietly re
marked: “Bygosh, I wish I’d took t’other road.”
The officers of the Harvard University
have lately kept a record of the parentage of the
students, from which some interesting facta are to
be ascertained. Merchants and shopkeepers send to
the college about half her students. Lawyers send
liberally, and clergymen hardly so well. Among
the classes of parents that do not send at a'l are sea
captains, railroad men, hotel keepers, artists aud
literary men. Artists and archichltects have only
contributed three students in six years, and editors,
authors, and publishers have done little belter.
A Texas mob has just been guilty of a
most fiendish and unpardonable atrocity. Anthony
Smith, a negro who had murdered J. M. Baker, a
young farmer, was tried and sentenced to be hanged
at Cameron, and now a telegram to the Galveston
News says; Just before daylight this morning an
armed body of horsemen forty or fifty strong, rode
into Cameron aud made their way to the Jail.
They forced an entrauce, took the prisoner from hk
Ctfll, aud conducted him some miles out lrorn the
town, where they put him to death iu a most hor
rible munm r. The condemned and doomed negro
was tied up by the hands fuel collected and heaped
under aud around him, aud a flro kindled, which
gradually biased and enveloped his body, burning
it tb a crisp. Not satisfied with the torture inflicted
and the consequent death, the mob then riddled
the charred remains with bullets. Judge Broad us
informs your reporter that most, if not all, tbe mob
wore from Bell county. He says it was an unpar
alleled case of lawlessness, inaimuch as the courts
had shown such vigilance.
Tbe Railroad*.
Telegram to the Herald.
Washington, Feb. 2 —A large reduction of the
force up at the navy yard continues.
Mr. Storra appeared to-day befoie the House
Committee on tbe Pacific Railroad, in behalf of the
Soutnern Pacific Railroad of California. Confining
himself to the law poiuts involveu, he stated that
Col. Scott had said if the Southern Pacific Road
would open the line between Fort Guma, in the 8an
Gorgonio Pass, to the Texas and Pacific Railroad,
aud let Congress control the rates on that piece of
road, the Texas aud Pacific would use it aud build
> parallel Hue.
Mr. Huutiugton agreed to this, and said he would
> so on all the Southern Pacific Rood, if allowed to
build east to meet the Texas Pacific. Col. Scott in
sisted that San Diego should be the terminus of his
road, but Mr. Huntington thought the open road
which leads off to San Pedro quite sufficient, though
he would in time build to Sau Diego.
Mr. Redfield, of Arkansas, appeared in behalf of
the Little Rock, Mississippi aud Texas Railroad,
asking that 75 miles should be included in tbe bill.
H. G. Marquand, of N. Y., appeared for the St.
Louis. Iron Mountain and Southern Railroad, and
protested against the proposed aid to the Memphi-
branch staling that his road was ready to carry, to
and from Memphis, freights at the most reasonable
rates, and furnish every facility needed. The com
mittee will hear no more oral arguments.
In pursuance of Representative Holman’s resolu
tion, the House Committee on the Judiciary met
this morning to enquire whether any acts had been
committed to at all affect the charter of the Texas
and Pacific Railroad Compxuy, but nothing wa#
done by the committee, owing to the non-arrival oi
CoL Morton from New York, who is expected to day.
KeorgftiilXHUir the Judiciary,
Telegram to the Herald.
Wa.*HiNGioN, February 2.—The House Committee
on Foreign Affair? direcltd h quiries of theexpe
diency of requesting the President to negotiate a
treaty of commerce with the republic of France.
A bill authorizing the sale of Kansas' Indian
lands in Kansas to the actual settler*, was passed.
The Judiciary Committee reported a bill reor
ganizing the Judiciary of the United States. It
was made the speci.il order for the 10th of February.
The bill provides f« r a Circutt < ourt in ea* h Judi
cial District, and establishes in each circuit a Court
of Appeals, which is to have appellate jurisdiction
of cases arising in the < ourt within su< h circuit.
The terms of tbe Court of Appeals are to be held In
Boston, Albany, Philadelphia*, Richmond, New Or
leans, Louisville. Chicigo. St Louis and
San Francisco. The decisions of these Courts
of Appeals are to l>e final and conclusive
but a review upou the law in ty be had, or writ ol
error, or appeal to the Unit d States Supreme
Court, where the matter in controversy exceeds
i or value of $10,000, or where the adjudica
tor involves a constitutional question, or any treaty
law of the United States, or where the Court
shall certify that it involves a legal question of suf
ficient importance to require a fi;.al decision by
the Supri me Court.
Knott, from the same committee, reported on the
bill regulating the practice in the United State*
Circuit and District Courts as t«; the time and mau-
ner of instructing jurors, and arguing the causes
requiring them to conform to the States which they
are held. The bill was discussed until the close
this morning, when it w ent over without action.
TIm* Presidential Term.
Consideration of the amendment to the Constitu
tion in regard to tne Presidential term resumed*
Knott closed the debate , quoting the maxim in re
gard to officeholders, that few die ami none resign.
He pictured the allurements of the Presidential of
fice as follow’s : A salary of SoO.OOO; a mansion sus
tained in a style of luxury that few persons dream
ed of, furnished, repaired and ln-ated at an annual
expense of $25,UOo. with the very air breathed there
perfumed by rare exotics propagated iu a fifty-five
thousand dollar garden house, maintained at an-
annual expense of $5,00^; a private secretary at
$3,000 a year to do the President s w ri.ing; two as
sistant secretaries at $2,500 a year to do the work of
the private; two clerks a $2,250 to do the work of
the assistant secretaries; [Laughter] a steward at
$2 000 to supply the President’s table
with the choicest wines and the richest
viands that could u mpt or satiate the appetite ;
with six thousand a year tor books, periodicals, sta
tionery, telegrams amt (a comical paux*) other con
tingencies,—what that meant he did not know, but
be thanked God for the contingencies [Laughter.J
If the children of Israel sighed for the flesh pots
of Egypt, what must be the anguish of a sensitive
soul when taking a last, long farwell of such a sal
ary and luxury? He asked the gentlemen to go
home to their honest, hard-worked, over-taxed con
stituents and tell them why four years was not a
sufficient leugth of time for any American citizen
to enjoy such an office.
The vote to recommit the bill was lo^t—127 to 12 7 ,
a tie, and the Speaker voted iu the negative. A vote
was then taken on the passage of the biil and it was
lost. Yeas 14t, nays 106. It was a strict party vote,
except Randall, who voted no in order to move its
reconsideration, which was pending at the adjourn
ment.
Senate Bolngs.
Washington, D. C., February 2.—In the Senate
Sherman presented a petition for the virtual repeal
ol the resumption act. He sail he did not agree
with the petitioners, but he knew many of them to be
men of the highest character and therefore pre
sented their petition.
Clayton called up the bill repealing restrictions in
dispersing public lands in certain Southern States.
Jones also urged its passage.
Edmum s was afiaid speculators would get hold
of the lands. Postponed until to morrow.
District interest was discussed until adjournment
without action.
Telegram to The Herald.
Washington, February 2.—Col. Tom Scott ap
peared before the Agricultural Committee iu oppo
sition to the bill making the use of the patent car
compulsory in the transportation ot cattle.
The Treasury Department dec ! des Angostora Bit
ters dutiable at fifty per cent ad valorem.
DISSOL UTIOMT
T he firm of Wallace a fowler, rra
Estate Agents, has been dissolved by mate
consent Noah It Fowler will continue
business at the same place.
WALLACE A FOWLE
fl Iaw-f22z207
LIFE
IKTSUR-ANOB
NOTICE.
T HE OFFICE OF THE WIDOW AND ORPHAI
>UND LIFE INUURANOE COMPANY of Nash
vllle, Tenn., has been removed from Alabama 8t, to
No. 63 Whitehall St. v Room No. I,
over Schumann’s drug store, where Policyholders
aud persons seeking Insurance, or having Business
with the rompauy, will find me ready to impart
auy information desired.
J. H. PURL AND,
Gkne&al Agent
For State of Georgia.
Telegram to the Herald.
London, February 2.— Enquiry in regard to the
loss of the Harvest Home, mysteiiously lost, with
all hands, off Tucker Island, commences to-day.
Dublin, Feb. 2.—The health of Tom Burke has
improved.
London, Feb. 2 —The Oxford University author!
ties decline Max Muller's resignation, but will pro
vide assistance, which will enable him to prosecute
bis studUs in Judea literature.
LONDON TIMES AND THE MONROE
DOCTRINE.
Telegram to the Herald.
London, February 2. -The Times in commenting
ou Secretary Fish s tetter to European Pout-re in n;
gar 1 to Cuba, says : What has become of the Mon
roe LVictrine, w«s the question which presented it
self to the public miud. The writer proceeds to
quote from the report of an interview with Secre
tary Fish, published iu the NewYork World of Janu
ary 19th, and comments thereon as follows: Mr. mHE stock of a NewYork Wholesale Importii
Fish’* arguments are much what we wouM expect 1 Hoube at auction. Important to the trade ai
from an astute statesman feeling bouud t> respect ° ver ‘3,000 worth of Foreign and Dte
popular prejudices while resritiding from an un-,* rp % t -
tenautahle position and mimicking obsolete! 1 uUUDo Al v, 1 1UA *^
nriuciples. His admission tint he invited Euro
pean govermeuts to examine the state of things in , Bankrupt sale of Dry Goods at No. 5H White-
Cuba would be quite mffinent to rai^- ^.pular | A ’ Monday, Ja Q .
clamor if the Monroe doctrine hail kept hold upon 1
the imagination of the American people. This ad
ministration was in fact interpreted as a deliberate
inattention to if not surrender of that fa
mous dogma. Mr. Fi*h. wbi.e he labors to sho
that
is so
BANKRUPTCY!
JOYNER & ELLIS,
D. P. ELLIS, Auctioneer.
A large consignment of Foreign and Domestic
DRY GOODS
Consisting of F.nglieh. French and German broad
and narrow Woolen Cloths of all snades and colors.
French, English and Scotch fancy Tweeds and Ca»-
he holds to the traditional American policy that |
careful to cut away a 1 modem developments ’ chinchillas. Vestings, lloakingiTic.
of and accretions to Monroe's principle, that he
leaves almost nothing
so long proclaimed as the k ystone of American
liberties. The article combats Fish's theory, that
Canning was the originator of the Monroe doctrine,
and concludes that Monr-
became further corrupted until degenerated into a
barren cry of America tor Americans. Its bad ef
fects have been mitigated in practice by the good
sense of the American statesmen, although its preten
sions have hampered their freedom and kept many
perilous questions open which might'have i een
usefully dosed by diplomacy. Many Americans
had come to believe that the existence of foreign
colonies upon the ioil of the continent was an in
supportable outrage. From such..exaggerations ot
an originally foolish claim we are glad to see that t° mention.
M, Fish h„ withdrew „nd rhape, hi, poliuy rather
by the precedents of Monroe's administration than j reserve, in lots to suit all for cash, bales will oom-
by the piiuciples of Monroe and his message. Mr. ; me nee at 10 a. m., 2 and 7 r. m
Also Scotch, French and ‘rerman Paisley Cash'
the t s-* nre of the dextrine l t^ueeuslaud and Ottoman Lace, and othef
fashionable aud desirable Shawls.
DRESS GOODS,
ported Plaids Alpacas, Empress Cloths. <?ashmeres,
ac. A very rich and rare assortment of Lyons bilk
Velvets. Velveteens, and fine Silk Flush Suiting?
Prints, bleached and unbleached; Muslins, from
one to three yards wride: a large line of Englisn and
American Blankets. Ladies’, Gents’ and Children's
Hoisery, Gloves, <fcc., together with a very choice
and well selected stock of Velvet. Brussels, Kidder-
misrister Tapestrv aud ingrain Carpeting. House
Rues !>an ask, Swi» Nott-.nghsm Lace Curtains,
A Nick C-r«W.
Telegram to The Herald.
Washington, February 2.—The steamer Nimbro 4
from Rio, b.ought five of the crew of the American
man-of-war Juniata, from St. Viucent, whither
they had brought the schooner Advance, of Ham
hurg, which the Juma'a had encountered off Ua-
deria, with the captain and crew all sick.
Stokes.
Telegram to the Herald.
New York, February 2.—Iudge Dykeman granted
habeas corpus for Stokes, returnable to White
Plains Saturday, on a plea that his sentence has ex
pired.
STORM ECHOES.
Losses by Land and Men from the Biff Gale
Telegram to the Herald.
Woonsocket, R. I., February 2.—The new brick
French Catholic Church was blown down.
Livkkpool, Febt nary 2.—Steamers from America
report a very heavy gale from the 21st to the 29th of
January The steamers Gilbert Alexander and City
of New York had their boats aud skylights stove iu.
Detroit, Mich., February 2.—Twenty-five degrees
below zero wilh terrific winds aud suow.
Cohoes, N. Y., February 2.—8t. Bernard's 22*S foot
steeple and full set of chimes fell across the railroad.
Cape May, February 2.—Tbe crew of the bark
reported ashore off here, were rescued by the steam
er Vindicator.
Frederick, Md., February 2.—The spire of the
Episcopal Church fell, crushing the adjoining
houses.
New York, February2.—A heavy northwest wind
is blowing at the rate of 66 miles an hour. No
rlous damage is reported.
Cape May, February 2.—A large deep foreign
bark lies near Somers’ Shoal dismasted, apparently
ashore. No signal distress. A westerly gale ren
dere an approach impossible.
Philadelphia, February2.—Gower’s agricultural
ball is considerably injured by the gale.
The low barometer which centered over Ohio-
has moved uortheastward to the eastern British
provinces, with rapidly increasing pressure. It was
Accompanied by stormy weather from the lakes to
the gulf and Atlautic States- The Ohio and Cum
berland rivers ooutiuued slowly falliug. The Mis
sissippi has risen from SL Louis down.
Fortress Monroe, February. 2.—Last night the
barks Wave and Craigowl, the latter erroneously
reported passed out ou the 30th, were anchored off
Book river, when a terrific storm sprang up. drag
ging the Wave across the Craigowl's bow, carrying
away the Jibboom, bowsprit aud bulwarks Both
vessels were considerably damaged. The tug Du
pon tows them back to Baltimore.
This is a curious thing, indeed. When
the United states was a good deal weaker than they
are now, that is, in 18L&, American ahipaof war
gave the ships of Algiers, one of the most piratical
and ferocious of the Barbary States, a good drub
bing, and the Dey was obliged to make a treaty wilh
this country, in which he renonneed all tribute, and
even gave $60,000 as a compensation tor the Ameri
can ships which had been plundered. Are the
Berbary State* levying tribute.now?
Kish declares that his invitation to the European
powers falls outside tbe scope of the Monroe doc
trine, because Cuba, being still technically a Span
ish colony, has not fgained her independence. But
the spirit of Monroe’s messages c’early exclude the
interference of the European
If Fish is willing to read the
ward and interpret it accordiug to the counsels
Canning, which the original dogma directly tra
versed. we do not grudge success to him in r* is ef
forts to preserve an appearance of common sense.
GERMANY.
Telegram to the Herald.
Berlin, February 2.—A special says the negotia
tions for a compromise between the Church and
State are complete. The Ultramontaines are again
dispose d to show the old bitterness, and will insist
upon the deposition of Dr. Falk. Prussian Minister
of Ecclesiastical Affairs and Public Instructions.
Berlin, Feb 2—Cardinal bedoehow.ski will be
confined at Fortress Torgua, because he refuses to
obey the Government order forbidding him to re
side in his diocese.
8 BAIN.
Telegram to the Herald.
Madrid, Feb. 2.—Gen. Riveras has captured a
Carlist po?itiou near L’Telia. Carlisle in Biscay are
retreating upon Zamoza.
Hknday, Feb. 2.—Gen. Tristang denies the re
ports of his defection irom the Carlist cause.
London, Feb, 2.—The Paris correspondent < f the
Times says: Beyond a doubt Bufl'ett will retire from
the Cabinet I am almost certain he will resign
before the meeting of the New Chamber. He will
remain during the elections, because his resigna
tion would improve his own election to the Cham
bers of Deputies
Bayonne, Feb. 2.—Many Spanish families flying
to theflag.of France. Contradictory accounts of
fighting. The Carlist contiuue to spare San Sebas
tian. _
San Tander, February 2.—Burriel, Military Gov
ernorof Billou, has been summoned to Madrid to
answer an account of the Virginius affair, and de
parted Monday.
Paris, February *2.—Trustworthy intelligence has
been received that General Delatres entered
Elisunda and San Jean Ve Luz Tuesday. The
Alfonsists were attacked on Santa Barbara ’near
Matiezara and repulsed, The Carlists have ad
vanced another time ou Santa Barbara near
Ortseizn. The Alfonsist’s attack on Luca failed.
Reverses in that quarter have caused a pauic at San
S‘bastian. Large quantities of specie were carried
into France. It is reported that the Alfon-ds’s who
entered Dezanda were blockaded by Carlists march
ing from Vera. The Carlist troops are enthusiastic.
RUSSIA.
Telegram to the Herald.
Vienna, February 2.—It is reported that Prince
Gortschioff instructed delegates to the Interna
tional Assistance Committee to inform Hertz-
govinia that they must be satisfied with Andrassy's
note, and need e»pect no support from Russia
Neutrality is now strictlyjobserved on the Bosnian
and Servian froutiei.
J TA L T.
feb*Mzi:'9dAw
00T1K ALIIOG l VALLEY LANDS
For Sale.
powers, exi-ept Spain f AM ofterin* to sell my farm, lying 2'4 miles
Vomnp rtfa irine hack. ! ! of Adairavilie, Bartow county—luo zq
Momoe aoetnne Pack- , iu fm( , , tale of ruitivation , 100 in K(KX)8 S
house of six rooms, large new bam, spring
houve and other out-buildinga. A fine touug orch
ard Two springs, and ore within twenty yards of
feitchen door. No better land, ne better watered
or timbered place, and none in the valley in better
condition. It produces com cotton, all* the small
erain. and some as fine meadow land* as can be
found in this sectien
I will give any one a bargain in this farm.
A. J. FUl I.ER,
1an30tf*lS8 Ad&irsville, Ga.
The Centennial
HOARDING AGESCY BVRE.AF*
923 Walnut Street, Philadelphia.
A CCOMMODATIONSfor75.000 persons. Advance
accommodati ns now for auv specified time
during the Exposition. Circulars forwarded to any
address upon application
a28zl79 RECORDS A OO.. Managkbs.
REMOVAL^
He hare Concentrated Oar Immense
FURNITURE
ON THE CORNER
Marietta & Peachtree Sts.,
where we will be pleased to see ail our friends
This is the largest assortment in the Slate, and a*
PORTION MUST BE SOLD,
CASTLEBERRY & CO.,
f2z!95 Cor. Marietta and Peachtree Sts.
ASSIGNEE'S NOTICE.
I N THE DISTRICT COURT of the United States,
for the Northern District of Georgia,—in the mat
ter of John L. Edmondson, Bankrupt—In bank-
"Fo whom it may concern: The undersigned here
by gives ntoie; of his appointment as Assignee of
John L. Fdraondson. in the couutv of Murray, and
S.ate of Georgia, within said District, who has been
adjudged a bankrupt upon his own petition, by the
District Court of said District.
Dated the 27tli dav of Jauuary, IS '6.
aKDEHSON FARNSWORTH,
febl9X18t Assignee. Ac.
Telegram to the Herald.
Naples, Feb. 2.—Great preparations for the Car
nival. It is the first since the overthrow of the
Bourbons. 100,001 francs havebeeu subscribed, and
the names of members of leading f&miles and no
bility, are on the committee ot arrangement.
CRIME CHRONICLE.
Telegrams to The Herald.
Milwaukee, February 2.—Geo. O. Erskine, ex-
coUector, has been indicted for connection with the i
whisky frauds.
Indianapolis. February 2.—Chos. Lore, colored,
killed his step father, who had assaulted him, with
an ax.
Rai.figh, Febiuary 2 - Geo. W. Swepson, charged
with slaying Oapt. Adolphus Moore, was released on
$10,000 bail for his appearance at the spring term
of the Alamance court.
Memphis, February 2.—Dr, D. Johnson, who
keeps a private infirmary, has been arrested,
charged with killing Kate McCormii k and child, of
Humboldt, while attempting an abortion.
THE MAGNOLIA
Passenger Route.
Office Gen*u Passenger Agent,
Augusta Ga., Jan. 27. 1S7&
Parties desirous of visiting Savaunah during tk?
races, commencing February 1st aud oon tin Ring
four consecutive days, can purchase
Excursion Tickets
from Atlanta at
GREATLY REDUCED RATES.
Two tra; ns a'day between Atlanta and Savannah,
making Quicker' Time through than any other
line. EUegaut
PULLMAN SLEEPING CARS
leave Atlanta dailv, at 12o dock. noon, for Savan
nah without change. Excursion Tickets on sale at
the office of R. D. Mann. Geuersi Ticket Agent.
No 4 Kimball House, and by Measrv. Porter A
Johnson, Ticket Ageuta,Uaiou Passenger Dt-poL
T 8. HAVANT.
f4ilSS General Pssrenger Agent
^itir $di’ti-U5$nu|nts.
By Joyner & Ellis.
T hu auction salkof kink gold watchzs.
GOLL> CHAINS, WaMONI'S, <X)LLAK AND
&HIKT BUTTONS. Ol'KKA GLASSES, etc., tie , will
couUuue al our Auction Room Marietta Street, on
Thursday, Krida^ml Saturday^evenings.^Sd^th
every day Ihla wccl
ENTERTAINMENT
MARKHAM HOl'SK
Thursday Evening, Feb. 3d, 1876.
CONCERT, READING & SUPPER.
1— The March Quartette, Measre. Van Goidtsnoven.
Crenshaw, Seago aud King.
2— Claribel’s Prayer Mrs. B. Mallon.
8—Instrumental Solo, “The Storm," Miss G. Ball.
4— Trio, from “Norma.” Miss Kenuedy Mrs. Moore,
and Mr. Van Goldtsnoven
5— Solo. Keilog s Walu Mw. Louis Clark, with
Flute Obligato by Mr Hhehane.
6— Beading. Alexander’s Feast ....—A. S. Clayton
7— dolo. Tender and True Miss Kennedy.
8— Bolo, I Dream of Thee ~...Mr Scxutchln
9— Solo. Ab Kors e lui. .. Mrs. W. D. Weama.
10— Reading. Charlie Mackree..... Mm. B. Mallon
11— Sslo, Cavatina, from “II Trovatore’” Mra P. H.
Snook.
12— The Waltz-™,...™.. Quartette.
“CALLAWAY HOUSE,”
fcraaite Block,Betwsea Marietta St. A Iroa Bridge,
Nos. 16 and IT Broad St., Atlanta, Ga.
T}COM8 ali carpeted and well furnished. Tran-
IV slent Board $1.60 per day. Liberal terms made
for a longer time. Porters at all trains.
C. J. MaCLELLAN,
Late of the Maoon Hotels, Proprietor.
Collecting Agency.
Collection and Adjustment of doubtful claims.
Wholesale merchants having doubtful claims on
parties in this or adjacent onuutiea, would do well
•o oousuit me personally or by mail. Office in Pre.-s *
-e—Ain.ah HalL
F. S FITCH.
Administratrix’s Sale.
door in the city of Atlanta, Fulton county*
Georgia, on the
First Tuesday in Marcti 1S76,
within the legal hours of sale, the following prop*
city belonging to the estate o; Powel Owen, de
ceased : pots of land Nos. and 806 in the 1st dis
trict and 1st section of originally Cherokee, now
Milton county, Georci*. containing forty acres each.«
Soid to*- the hetteiH of the heirs.
Terms—Eight months; purchaser receiving bon l
This January Slst, 1876.
marTcXtt.
N
A Tj
N
0
Na a n °
HOTEL.
^TE ARK NOW OPEN FOR DAY BOARDER?
on easiest terms.
A few nice families can be accommodated wi
neat aud comfortable rooms.
f,<r308 LEE A HEWITT.
Dr. R. O. Word
(J’itj Jatc Car t ds.
W M. r. jYwhTkT
OFFICE: FmcMiw * Marietta
over Phillips A Crew.
A €. CAKI.lMiTOS,
attorn iy-atlaw.
Wfltce us Praebtree St, Atlanta,
r N O. alLtCBfal.
J OFFICE:
No. it>4 Pryor St, epp Klatkall Horn
M eCAT a TMIPPE.
mjt. K. MeG* *■ P. Tt+ps.)
OFFICE:—Bio. 14 Kfh.ll lont
J VI.iri 1. B>»« I.
OFFICE
■raws Battalia*. *4* trial ItfMt