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About Savannah weekly news. (Savannah) 1894-1920 | View Entire Issue (Jan. 18, 1897)
2 MB. n M Given as Evidence of His Alleged Breach of Promise. MRS. CARSON'S LETTERS READ. ■ The Opposing Counsel Draw Differ- ■ ent Conclusiona From the Corre ipondence—The Inane One of Fact, IM to Whether or Not There Was a Condition Precedent to the Mar ringe-Sonie Interesting and Amus- k Ing Testimony Presented—The lu & dicatlons Were Last Night That K There Would Be a Mistrial. W The trial of the suit of Mrs. Charlotte Bb. Carson of Auburn, Ala., against Will- Kam Roberta, Sr., of Valdosta, for $25,000 for breach of promise, was con cluded in the United States court last night about 7 o'clock, and the jury was instructed to return a sealed verdict. Up to midnight the jury was still locked up in the jury room, and it looked as if a mistrial would be the result. There are many varying opinions with regard to the case by those who heard the testimony, and, from the indications, it appears there is some little difference in the minds of some of the jurymen. Many believed that Mrs. Carson would get a verdict, while others thought that there would be a mis trial, or that she would get very small damages, as a vindication of her position in the matter, one of the things that her counsel asked for. The court room was pretty well crowd ed all day. In the morning there were eight or ten ladies in the court room, all of whom listened to the evidence with much interest. The number of ladles in creased during the afternoon session, when the arguments were in progress. Some portions of the testimony caused much laughter, and on several occasions the court and the marshal had to rap for order. The plaintiff was seated near her coun sel, and next to her sat Mr. Bivins; ner eon-in-law, who was much discussed throughout the testimony and the argu ments as the gentleman who went to Val dosta in her behalf, to look into the flnan clal and social standing of the ex-senator. The plaintiff was dressed in black and wore a light veil, presenting a most digni fied and lady-like appearance, which won for her the sympathy of many of those who went into the court room during the trial. The defendant was seated near his coun sel, Hon. F. G. dußignon, and with him appeared his son, now a resident and Musl ness man of Savannah. Though 68 years old, as stated in court, he is younger in appearance, and manly in his bearing. Years have whitened his locks somewhat, but there is every indication that the memories of youth still linger with him. Mrs. Carson was placed on the stand —•atter Mr. Erwin had concluded ▼cadlTig'tffß''letters, from the defendant, and said, speaking of the engagement, that no date was set in February, but there was in April, the 4th, this date being again postponed as explained In his letters. Speaking of Mr. Roberts' first visit to her at Cordele, Mrs. Carson said his intentions were very clear at that time, or in other words he was matrimonially inclined. On his second visit she said she accepted him and he wanted to have the marriage cere money performed at once. She spoke also of his third visit and said: “During all this time, I had no reason whatever to doubt his sincerity. He cer tainly impressed me with the belief in his sincerity. I did not hear of his marriage to Miss Cook on May 15, until sometime in June; and up to that time I made no se cret of my engagement to Mr. Roberts, in Cordele, and it had become generally known. When I heard he was married, it threw me in a bad. light, and was very mortifying to me of course. So humiliat ing was it to me that I determined not to remain in Cordele, and so went to Au burn, Ala. Prior to April 4, I sold my household goods and gave up my house, and notified my guests I could not keep them any longer. I made other prepar ations besides these, because 1 believed the marriage was sure to take place. I went to Auburn, Ala., ospecialy on account of my son, who was folng to school there. Mrs. Carson said she was at present tak ing a few college boarders at Auburn. “1 am over 48 years old," Mrs. Carson said in answer to questions from Mr. du- Ulgnon on the cross examination. “I have been a widow about eight years. I moved to Cordele from Reynolds a few years ago and opened a boarding house. I have four children. “I had not made up my mind to leave Cordele at the time I met Mr. Roberts. 1 may have expressed a wish to do so, to better my condition. The first time 1 ever heard of Mr. Roberts was in No vember, 1894, through some of his friends, and the first I heard was that he would like to call on me. Mrs. Moore, who was in my house, and who had visited Val dosta, recommended Mr. Roberts to me, and Mr. Lanier, a friend of his, recom mended me to Mr. Roberts. I was not thinking of contracting marriage at the time Mrs. Moore gave me Mr. Roberts' photograph; which was before I met him. Ladles can receive visits from gentlemen without always having the Idea of mar rlagei" "You thought, perhaps,, of a platonic friendship?" Mr. dußignon asked. "It may be," Mrs. Carson said. "A lady has that right, hasn't she?" “Certainly," Mr. dußignon replied. Mrs. Carson said she had asked about Mr. Roberts' standing financially and so cially, because she looked on the matter in a serious light. She did not wish to receive visits from any one unless his financial and social standing was all right, she said, though, when flrat men tioned to her. she regarded the matter as a joke. “What did Mr. Roberts say to you when he made this engagement?" Mr. dußig non asked. "I cannot quote Mr. Roberts' language; it is too unique." she said. "He simply expressed his admiration for me, and pressed mo to become his wife." Mrs. Carson here identified the first let ter she had ever received from the de fendant. as well as a number of letters which she had written to Mr. Roberts, *. hlch were shown to her by Mr. du- Jiignon. "Did you write all of these in your own hand?" Mr. dußignon asked. "Yea. sir," she replied; “I keep no secre tary." Mrs. Carson identified a letter dated May T, W 65, which she said was the last letter •he had written him. "IX> you remember the time. Mrs. Rob erta—l mean Mrs. Carson—that Mr. Bivins went to Valdosta?" Mr. duttignon asked. His lapsus linguae was the cause of con •iderable laughter. Mrs. Carson said shs did. but not the exact date. It was after Mr. Roberts* eecoud VIM; to Cordele. Mr. Bivins went to Va'Moata to look into his financial and social standing, and he reported it to her just as Mr. Roberta bad stated It. The objection on the part of the chil dren of Mr. Roberta, especially his old est daughter, was touched upon. Mis. Carson said she knew of It. and bad Been told by him that ha would do everything in his power to reconcile his daughter to his marriage. “We talked this all over,” she said, "and it was understood, I thought, that tne objection was not to interfere, even If it was not removed.” Mr. dußignon asked the plaintiff if she did not believe at the time that Mr. Rob erts was sincere. She did. Then Mr. dußignon and Mr. Erwin got somewhat mixed up on the proposition as to what was her opinion now of his sincerity at that time. The question was objected to by Mr. Erwin and was held to be a mat ter for the jury to consider. In this con nection Mr. dußignon took occasion to state the defense; That there had been no unconditional promise to marry, and, therefore, no breach of contract. There ( was a condition precedent to the mar riage, which, though he made every ef fort, the defendant could not remove. Therefore, he was nqt liable for damages. "I first consulted Judge Fort, through Mr. Bivins,” Mrs. Carson said, in reply to interrogatories. “No one suggested the suit for damages to me; it originated in my own mind. Mr. Bivins was the first one I talked to about the matter.” "Was your heart to any great extent Involved in this proposed union, or was your idea simply to better your worldly condition?" Mr. dußignon asked* "I don’t know that that was para mount,” she said. Mrs. Carson said she had mailed all of her letters to. him on the train, because she wanted to avoid, as far as possible, any publicity In the matter. Mr. Rob erts himself first gave publicity to the matter in Cordele, she said, though she only heard this was true. Mrs. Carson, in answer to one or two questions, spoke of her admiration for the defendant’s manly and sterling qualities, and the plaintiff rested at this point. Mr. Roberts then took the stand. He was 68 years old last August, having been born in Lowndes county, and lived there all his life, except when in the con federate army, and in the state legisla ture as state senator from his district. “I was a widower in 1894,” he said, “and was married May 15, 1895, to Miss Jessie J. Cook of Boston, Ga. I have eight liv ing children, all but two of whom are married. My unmarried daughter has looked after my household a.ffairs since the death of her mother, and up to thb time I was married.” “Mr. Roberts, what were you worth at that time?” Mr. dußignon asked. “I don’t know,” was the reply. “I sup posed I was worth some where about SIB,OOO or $20,000” “When was the first time you heard of this lady?” Mr. dußignon asked. “A gentleman named Lanier, who was down my way, stayed all night with me, and said he had a fine widow up in his town, and wanted me to meet her. It Was he who took my picture away from my house and carried it to Mrs. Carson. I first met her at her own house at Cordele, having gone there expressly to see her. You know an old widower loves to go to see the ladles. When I got to Cordele I found Lanier knew about as little about her as anyone, so a lawyer introduced us. I remained at her house from dusk until some time in the night." “Did you discuss any affairs of the heart on that occasion?" Mr. dußignon asked. “I told her I was a widower and was a hunting of a companion, and I wanted to know if she had any leanings In that di rection." His second visit to Cordele was the day after Christmas. Nothing unusual hap pened. The third was, he thought, in February. He did not go but three times. “Did you ever in any of your visits make to her an unconditional promise of mar riage?” was asked. “I never did,” was the reply-. “I loved her and I hoped to make her my wife, if I could reconcile our families. 1 told her if we could do that we would get married, and I didn't want to be long about It. I endeavored to reconcile my children as far as I could do so, but It was not successful. My daughter was afraid she was going to lose her home. This was after I had written my last letter to her. I dropped the whole thing right then and there, and determined If I couldn't get a woman without children, I would not marry at all.” Mr. dußignon said he desired to read some of the letters that had been offered in evidence. Mr. Erwin wanted to see them. “I don’t know that It is necessary to take up time, Mr. Erwin,” said Judges Speer. “A love correspondence in a breach of promise suit is always admis tsable." Mr. dußignon then read several of Mrs. Carson’s letters to the defendant. The letters were read for the purpose of show ing that Mrs. Carson knew of the objec tion of Mr. Roberts’ children to his mar riage, and saying that children should not assume the guardianship of their parents. "This life is short,” she wrote in one of them, “and it is the duty of every one to get all the happiness out of it the op portunity offers." She wrote on one or two occasions of the children's objections, and in one let ter, dated Jan. 31, February having been fixed as the time, referred to the fact that February was coming the next day and was a very short month. In another let ter she referred to a statement made in one of his letters in which he says, "You can outwrite me, but 1 can outfove you." Up to the time of her last letter Mrs. Carson was aware of no change in Mr. Roberts' plans. In that letter she sug gested they should have some understand ing about their affairs. Her letters were all dignified, womanly and well composed. Mr. Roberts dented that he had ever consented to marry Mrs. Carson over the objection of his children. Every time one or two letters came to the house for i him, he said, his children broke out in a new place. He said he never attempted by word or otherwise to wound her feel ings or to place her before the world in the light of a jilted woman. He did not announce his engagement with Mrs. Car i son, he said, because there was always a barrier in the way. “I never made any secret of my mar riage to Miss Cook. I marned« her at her father's home in Thomas county, on May 15, and brought her to my home the next day." ' On the cross examination by Mr. Erwin. 1 Mr. Roberts admitted he owned at that 1 time SB,BOO par value in Valdosta bank stocks. He also owned some real estate and a farm, "a little settlement of land I gave $1,700 for. I also owned a few notes, and much to my sorrow, I've got 'em yet.” “What do you say of Mrs. Carson's statement that on your second visit to Cordele you wanted to marry her at once and started to send out for the minister?” “I don’t remember a word of it," he said. "I wouldn’t have done it. and I don't remember a word of it. I told her I didn't Intend to carry this thing any farther than the Ist of May, if we could not reconcile our children by that time.” Mr. Roberis did not know just when he | met Miss Cook. He became engaged to her about May 1, he said. It was just after he had written his letter of April 30. telling Mrs. Carson of his continued love and affection. Just after this letter was sent his daughter's strong objections were made. "I couldn't reconcile the children to gether. and I thought it time to look around for some else. I had been to see Miss Cook and several others, besides. I did not tell my daughters of my engage ment to Miss Cook until after the thing had gone so far there was no backing out s of It." Mr. Roberts did not remember telling I Mrs. Carson that his children objected to I his marrying any one at all. The court ' objected to Mr. Erwin’s question as to Misj i Cooks' financial condition when Mr. Rob ■ erts married her, and ruled it out. "Did you notify the plaintiff at any time of your intended marriage With Miss I Cook"' asked the court. THE WEEKLY NEWS (TWO-TIMES-A-WEEK): MONDAY , JANUARY 18, 1897. “No, sir; 1 did not,” Mr. Roberts replied. “It was not settled with me until I failed to make a reconciliation with my chil dren. I could not do that, as they did not want me to marry a woman with chil dren. I cleared my skirts and I thought she would see it in the papers.” • Mr. Roberts said he never told Mrs. Carson and never wrote to her that he would marry her, anyhow, whether his children objected or not. Mrs. Carson was put on the stand in rebuttal. Mrs. Carson denied that this condition was made, testifying that he said he would marry her in spite of his children’s ob jections. That was the material point in the case. Both the plaintiff and the de fendant closed their testimony here. In opening his argument Mr. Erwin read decisions to show that in breach of prom ise suits the measure of damages is not limited except by the worldly advantages that would have been gained by the plain tiff, had the marriage taken place. Mr. Erwin insisted that the benefits that would have resulted to the plaintiff from the marriage should be taken into con sideration in charging the jury, and in making up a verdict. He said the defend ant’s conduct in leaving her in ignorance of his marriage was also an element of damages, as were also the mortification and humiliation that became hers through his actions. Mr. Erwin addressed the jury briefly, taking up and analyzing the evidence. He drew the conclusion that there was no doubt that there was a pos itive engagement between the plaintiff and the defendant in which there was no condition made. He read extracts from the defendant's letters to show that he told her that he intended to marry in spite of objections on the part of his children. From several of the extracts Mr. Erwin drew the conclusion that Mr. Roberts had fully made up his mind to marry Mrs. Carson, and in them nothing was said, in those read, about children’s objections. In one of the letters there was some reference to the continued rain. "There's an old tradition,” the court said, "that it is unlucky to get married in the rain.” "Yes,” Mr. Erwin said, “but if he had been sincere, he would have had plenty of time to get married between the show ers." Mr. Erwin referred to his last letter, of April 30, which the defendant said left him in love, and Mr. Erwin said at that time he was arranging to marry another woman, and so told his oldest son the next day. Mr. Erwin closed with some eloquent references to womanhood and the pangs caused by the heartlessness of such suitors as the defendant. Mr. Erwin, in his argument read to the jury and commented on several of the extracts from Mr. Roberts’ letter to the plaintiff, all of them applying in one way or another to the case, and being quoted in support of his claim that there was no condition upon which the marriage depended. Lack of space makes it im possible to give all of them, but some of the most interesting are presented. In his letter of Dec. 15, ne said: “I will be able to go to your city and see you face to face, and hope you will be able to make up your mind satisfactorily and give me a permanent answer in regard to our lifetime lot depending. I mortal ly fear that I shall meet with opposition, if not from all, a part, but I will not keep anything from you, be it good of bad. My children want me to live single the balance of my life, but I tell you I will not, if I can get a respectable lady. There has not been anything against you, but what is high-minded and respectable, that was said before I saw you, and it has not been contradicted, and that increases my feelings for you. It has increased ever since I left you, and has grown into a fervent love.” In his letter of Jase. 16, after the engage ment had been made, as the plaintiff* claimed, he said: "We both say time flies, and February will soon bo here, and you say ‘will the arrival of that month com plete my happiness?’ I think it will add much to it, and you can add the balance, I think three of six (of the children) will be bitterly oppposed and two silent. When I can take you In my arms and draw you to my breast, and call you my bosom companion, then my happiness will be complete.” In his letter of Jan. 26 he said: "You know there is a day to be set to complete our future prospect, and I fear that if we don't mind it will reach March. It don’t "take February long to run out. "There is to be a wedding in this place on the 30th. I will attend and try as Bill Arp says, to be as lively as a 2-year-old in a rye patch. “I think you might suggest a day when we might close our courting day, and come to a solemn fact and look on each other in a different light. Courting is pastime, but marriage is fact reduced to certain, certainties. I want a long talk with you and must have it, and then the day set. I can’t say all by letter, etc.” On Feb. 26 he wrote: “I had to finish planting my garden this morning.” • • “I want something for the good lady to eat as early as possible. Vegetables are scarce here.” "Are you fixing for April? Don’t go to too much expense, for we are old folks, and it won’t do to make too much of a display. We ißill be very quiet, no one will know anything about it till it is over, and then they can say what they please, so they don’t say anything wrong.” On March 30 he wrote: "I want to finish planting and paint the house, and then we can agree on a day, and come to it.” "As the spring grows warmer I grow stronger in strength and in love, so you may look for a warm reception pretty soon if the weather increases in heat." "When Christ asked Peter if he loved him, Peter replied: 'Yea, Lord.' Christ said: ’Peter, dost thou love me?’ 'Yea, Lord.’ ‘Peter dost thou lovest me?’ ’Yea. Lord; thou knowest I love thee? So there is no use in asking if you love me or your asking if I love you. We know that we both love each other, and that, is suffi cient without a letter as long as the ten commandments to explain it.” 'Don’t dis pose of anything you have a use for; I rather help you to dispose of what you want to sell? ” In his letter of April 18. he said: "I beg to be excused for not writing sooner. I have been off from home and I could not write the day I wanted to,” etc. "I think of you as I always have since I got ac quainted with you. While I appreciate every ounce of you, I can't go into details.” In his last letter of April 30, he said: “This leaves me somew’hat sad. We had a rain Sunday that never has been beat washed up part of my crop. The amount of damage, I don't yet know. I can’t walk through my field. This leaves me in love and in good health. I hope it will find you the same.” Mr. dußignon began his argument in be half of the defendant when court con vened at 4 o’clock. He first took up the lajv of the case and said there was little or no difference between counsel on the other side and himself on the questions cf law involved. He argued against the granting of punitive or exemplary dam ages, and quoted decisions in brief in sup port of his claims in the case. He held there was no reason why there should be any change in the affection between the parties because a condition precedent to the marriage had not been fulfilled, and had thereby prevented it. Mr. dußignon in his argument to the jury followed a tribute to womanhood with a reference to Mrs. Carson’s rela tions to Chief Justice Marshall, and while it was one to be proud of, he said in this country there is no such thing as an aris tocracy arising from birth, and high though it was, he would put against it the honest citizen of Georgia, illiterate though he might be. There never was a case like this tried In Georgia, Mr. dußignon said, where the defendant was sought out as though through a matrimonial agency, before he had ever heard of the plaintiff, and he was "Inventoried mind, body and estate be fore be had met his charmer. Before he had ever put hie foot upon the streets of Cordele, his picture was there and in the hands of the plaintiff. There is no doubt that old man Roberts wanted to marry; he was crazy to marry. The very first time they met the conversation was matri monial. It was a cross-recommendation between Mrs. Moore and Lanier.” Mr. dußignon referred to the famous case of Bardell vs. Pickwick, when the defendant received a notice to appear in a damage suit for £1,500 for a breach of promise, and Sammy Weller remarked, “Poor Mr. Pickwick; he’s a wicktim to connubiality.” Mr. dußignon went through with the story of the meeting of Mr. Roberts and Mrs. Carson, and their courtship, for the purpose of showing that Mr. Roberts was thoroughly honest and sincere in his protestations, and did not marry the plain tiff because of the objections of his chil dren, which he mentioned to her in his very first interview, and told her they had to be removed before he could con tract marriage. Mr. dußignon said from beginning to end this had. not been an af fair of the heart with Mrs. Carson, as her testimony indicated, “but it was old man Roberts, money then, it’s money now, and it will be money next time you hear from it. They come here and ask you for $25,- 000. They found out how much old man Roberts had, and now she asks for ail of it. Mr. dußignon took up the letters of both the plaintiff and defend ant and drew entirely different conclusions from those mentioned by Mr. Erwin. He held that every letter which passed between them had constant reference to children, and showed that he was always thinking of this condition precedent to the marriage and trying, as he said he would, to do away with the objections. Os the existence of this con dition precedent to the marriage contract he held there was doubt. From one of Mrs. Carson’s letters Mr. dußignon read the statement, “There is an old saying that the course of true love never runs smooth. In this instance, it is being verified.” What was the mat ter with the course of true love, Mr. du- Bignon asked? Certainly there was noth ing the matter with old man Roberts. Evidently they were talking about the children, whose consent was a condition precedent to the marriage. In speaking of the defendant’s marriage with Miss Cook, Mr. dußignon said, bls daughter had not known of the fact that he was to marry Miss Cook, besides her chief objection had been to his marry ing a woman with children. His daugh ter was fragile and delicate, and he needed some one to look after his home. He went to an adjoining county and married a maiden country girl. Not one word, he said, has Mr. Roberts ever said ih any way against the character of this plaintiff, nor is there one word of evi dence that he ever intended to put hCr in the light of a jilted, discarded woman. Mr. dußignon concluded with an elo quent appeal in behalf if his client, an old man with but few more years to live, the happiness of whose home was at stake. Judge Allen Fort made the concluding speech for the defense. He said the con sel foi the defendant had put the case in such a manifestly unfair light that he feel it necessary to speak in reply to him. The case was an unusual one, he said, but it was unusual because of the unen viable position of the defendant. This, he said, was the just cause of the suit. The counsel for the defense, he said, had endeavored to create the impression that there had been a conspiracy. There was never a case, he said, which In its testimony was freer from any suggestion of conspiracy. The “senator,” he said, advances, and followed the picture like a theatrical production follows the bill bbatds. ' < *' Judge Fort told the story* of Mr. Rob erts’ visit to Cordele in an interesting manner, putting an entirely different view on it from that given it by opposing coun sel. It was purely a business proposition, with Mr. Roberts, he said, and it was not strange when he extended the invitation that she should send Mr. Bivins down to Valdosta to look into the defendant’s standing. All the defendant has, he said, would not compensate her for what she has suffered, but the jury can at least vin dicate her. It was the only recourse she had. Judge Fort insisted that the statement that Mr. Roberts went up to Cordele and said he would marry Mrs. Carson if his children consented, was ridiculous. If he had taken the proper course he would have asked his children first, then gone up there to seek her hand. He held there was no condition whatever precedent to the marriage, and held it was an absolute backdown on £he part of the plaintiff, who did wrong in not notifying her of his mar riage with Miss Cook. He made a strong appeal in behalf of his client. At the conclusion of his argument Judge Speer delivered a clear and forcible charge, giving a brief summary of the claims of both sides, and showing that the issue was clearly one of fact, one side claiming that the contract for marriage was based on a con dition. that of the consent of his children, and the other side claiming there was no condition. Judge Speer called attention to the fact that there was much coniflct in the testimony, and told the jury that the letters, where they could be referred to, formed the best evidence of the facts in the case. If the jury found there was such a condition the plaintiff would not be entitled to recover, otherwise she would. The jury was instructed to return a sealed verdict, which will be opened Mon day morning, if a verdict is returned. It looked very much last night as if there would be no verdict at all. FELL FROM A BEER KEG. Herman JT. Richt Broke Ills* Neck While Asleep. Herman J. Richt was found dead on Wil liamson street at an early hour yester day morning. The discovery was made by Joseph Dickinson, night watchman of the Savannah Grocery Company’s stables at No. 312 Williamson street. Investigation revealed the fact that Richt’s neck waa broken. From the posi tion in which he was lying it was suppos ed that he had gone to sleep while sit ting on a beer keg in front of the stable door and had fallen from the keg while asleep and had broken his neck by the fall. Coroner Goette was notified and made an investigation and concluded that these were the facts. The theory was borne out by the easily established fact that Richt was intoxicated when last seen the night before. Richt had done some work re cently In unloading cars for the Savannah Grocery Company, and frequently made his headquarters at the stables. Richt was an upholsterer by trade and a skilled workman. He had a good posi tion at the Central railroad shops at one time, but lost it on account of his frequent sprees. He was an Alsatian by birth, and claimed to have been in the French cav alry dqring the Franco-German war. He is said to have been well educated and to have been able to speak several languages. He was 55 years of age and had been liv ing with a friend on the Waters road. His death only adds another to the many re cent instances of the evil results of the excessive use of intoxicants. No inquest was considered necessary by the coroner, is there were no indications of foul play. Town Officer* Elected. Lyons. Ga., Jan. 16.—At an election here to-day W. C. Oliver was elected mayor, and S. I. Hussey. C. J. Rogers, J. C. Strange. B. F. Spivey and W. G. Horton were ejected aidermen. EUROPE FEARS LIFE’S ENEMY. JOINT ACTION TO BE TAKEN TO KEEP OUT INDIA’S PLAGUE. An International Conference to Be Held at Rome—The Plague a Filth Disease and Conld Flourish in Most European Climates—The Re sponsibility for Spreading the In fection Fastened Upon Rati, Ants and Other Insects. Copyright, 1897, by the Sun Publishing and Printing Association. London, Jan. 16.—The eyes of the Eu ropean world are turned this week to ward India, each day’s intelligence from that stricken land making it more appar ent that the greatest tragedy in modern history is being enacted there under the double curse of famine and plague. The heart of Europe has been touched at last and the universal sympathy is per haps more keen, because it is now tinged with apprehension. It would not be sur prising if within a month a genuine plague panic should spread through Chris tendom. The great powers show alarm, and the news comes to-day that Italy has summoned an international con vention to meet forthwith at Rome to con sider measures for dealing with the dan ger. There is little doubt that the re sponse of other governments will be fav orable, and all the resources of modern science will be speedily arrayed against this hideous foe. Reliable information about the great extent of the plague in Bombay and vicinity is lacking, and re garding the mortality, it is only said in general terms that more than half of those attacked succumb. The news ser vice of the London press is strangely in adequate, and it is from .private sources that most of the information comes. The point which interests most Europeans is whether the awful disease is likely to flourish in northern latitudes if infection should be introduced here, but no evi dence is forthcoming yet. It is argued by medical men, however, that if the plague was dangerous in Hong Kong it will find an equally prolific field in London and Paris so far as the climate is concerned. It is generally admitted that the plague is a filth disease, but there are certain pecu liarities connected with its spread. Dr. Hankin, a well-known bacteriologist, who is investigating the subject in Bombay, fastens the responsibility for carrying the infection upon rats, ants and other in sects. Rats in houses have the plague; they die and are eaten by ants, which car ry the germs into the crevices of the buildings, to water taps and sinks. Thus the poison is diffused and cannot be eradi cated, except by fire. This explains tho efilicacy of the old method of cleansing by conflagration, and, at the same time, the futility of isolating the sick hs in other infectious diseases. The only thing to do is to remove the healthy. It is stated in the Daily Mail’s dis patches, which are the only ones worth reading in the London papers, that large business houses in Bombay which are In fested by rats, have been rendered un tenable by the ravages of the plague among those vermin. They die by hun dreds in the walls and the human occu pants have been compelled to vacate the buildings. It is not observed that any larger animals are subject to the infec tion. The French, Austrian and Italian gov ernments have already taken stringent precautions against the importation of ths plague, but it can hardly be possible to as'oape 9-series of alarms from thia cause during the next few weeks. «■» The ravages of the famine in t‘ne inter ior of India are still far more deadly than the more horrible plague at Bombay. The victims of the plague are perishing by hundreds daily, but the victims of hunger succumb by thousands daily. It would be easy to harrow the hearts of everyone possessing human sympathy by accounts of the typical sights experienced in the vast famine district, but surely the ap petite for horror in all its forms has been satiated- throughout Christendom during the past few months. It is suffi cient to say that the guant, starving mil lions of India are perishing at a more rapid rate than any army ever suffered before the most deadly engines of destruc tion devised by man. The relief move ment is now apparently in full operation. The public conscience and sympathy in this country have both.been fully aroused. The response to the appeal is liberal, but utterly inadequate. The proportion of givers to the sufferers is scarcely more than one in a thousand. It will require the generosity of the whole world to op pose a real check to the ravages of hun ger in India. Such popular interest as was aroused early in the week by the publication of the terms of the proposed arbitration treaty between Great Britain and the United States seems to have entirely disappeared. It is by no means regarded in Euroupe as an epoch making event, which one or two newspa pers seemed to class it. The double ca lamity in India and the massacre of half a dozen Englishmen in Benin have aroused far deeper public concern. It is in dip lomatic circles only that the subject is still alive and is bearing upon European politics. The opinion prevails that there is small chance of the treaty being ratified by the Senate, and it would not be sur prising if Russia, and perhaps other powers should make overtures to the new admin istration which would enable President McKinley to submit a series of treaties to the Senate for joint consideration, if ac tion is delayed on the present one. The diplomatic world takes more inter est in the appointment of Count Mura vieff as Russian foreign minister than in any other subject. The czar’s selection came as a great surprise, but it is every where interpreted as meaning a steady and unflinching pursuit of the policy followed by the late Prince Lobanoff. There is a difference of opinion thus far whether Prince Muravieff will be greater than his office, as Prince Lobanoff w*as, or merely an executive officer of the emperor. His office is undoubtedly the most important in Europe at the present moment and his character and antecedents are therefore being carefully studied in all quarters.. His appointment is popular in France, but not upon the whole in Germany. English opinion of his is unformed, but is suspic ious. His youth is a first and obvious of fense to English conservatism. It is a pleasure to be able to record the Nervous People wonder why their nerves are so weak; why they get tired so easily; why they do not sleep naturally; why they have frequent head aches, indigestion and Nervous Dyspepsia. The explanation is simple. It is found in that impure blood feed ing the nerves on refuse instead of the ele ments of strength and vigor. Opiate and nerve compounds simply deaden and do not cure. Hood's Sarsaparilla feeds the nerves pure, nch blood; gives natural sleep, perfect aiges tion. is the trueremedy for all nervous troubles. Hood’s Sarsaparilla Isthe One True Blood Purifier. All druggists, fit. rvu cure Liver Ills; easy to ilOOtl S PlllS take, easy to operate. 25c. ■ This is the very best Smoking Tobacco made Blackwell’s Genuine BULL DURHAM Yon will find one coupon Inside each 2 ounce bag and two coupons inside each 4 ounce ba« Buy a bag, read the coupon and see how to get your share of (250,000 in presents. fact that the Royal Academy election last night has met the hearty approval of both the artists and wider social circles. The result was a surprise to most persons, but the selection of two Americans and a third whose talent is thoroughly identi fied with America was purely accidental and served to demonstrate that this most illustrious institution knows no national boundaries in its recognition of talent. There has not been a voice raised in crit icism of the academy’s action in selecting Mr. Sargent as an academician, and Messrs. Shannon and Parsons as asso ciates. The international postal conference at Washington next May is likely to attract a larger attendance of government dele gates than any of its predecessors, partly because it is nearly six years since tho last conference, and partly on account of some of the European delegates determi nation to obtain a reduction in the mail rates for letters. The reformers say that a thousand million people are interested in this question of rates and that the re form has been too long delayed. The main argument seems to be that if a par cel can be sent to any part of the coun tries in the postal union for a franc, it is exorbitant to charge a quarter of a franc for carrying a small, light letter in Europe alone. Efforts have been made to induce the newspapers and news agencies to combine to obtain further extensions of the privilege of press telegraph rates and a reduction of the present rates, but business rivalries and jealousies so far have prevented anything practical being done. Efforts have been made this week to create a scare in regard to the queen’s health, but without much success. En quiries elicit the information that the queen is in good bodily health, save occa sional slight attacks of rheumatism. Her appetite and digestion are good, and her sleep is always natural and sound, but within the last few months her majesty, who herself has alv'ays been careful, has been subject to fits of despondency, caus ed, it seems, by the haunting fear that she is not to survive this, the crowning year of her Jong reign. There is no ground for alarm, but.it is true that the royal phy sicians are tomewhat perturbed, on account of the contrast to the queen’s customary placid optimism. They hope that her visit to the Riviera, the change of air and scene will soon put her right, as they gen erally do common mortals. A private letter received from Constanti nople th’s week says that, in the opinion of life-long residents there is certain be fore long to be an attempt of some kind by' ultra-Moslem fanatics upon the Euro pean embassies, which, of course, will pre cipitate a crisis. The sultan himself has reason to entertain the same fear and by his orders the most stringent precautions are being taken. The same writer mentions as the most significant of all the portents, the fact that within the last six months the stock of dealers in firearms and lethal weapons has generally been cleared out by eager purchasers. The arms are not usually bought by Armenians or sober-going Turks. The purchasers haVe been flanat ical Mussulmans and Greeks, who evi dently anticipate a period when arms of all kinds will be in demand. Cardinal Richard, archbishop of Paris, has again laid the hand of discipline upon his clergy. Last autumn the reproof took the form of a circular letter, telling the clergy that a priest on a bicycle was no fitting spectacle on the streets of Paris. Now the Catholic clergy are shut out from the theater. The archbishop forbids any priest of the diocese of Paris to leave his house without wearing a cassock. Then he says that any clerical appearing in a cassock at the theater, even at a matinee, shall be liable to suspension. The circus is not forbidden. That is the theater of childhood, and the priest goes there as the guide of children. Even the opera and Comedle Francaise are forbidden. The Figaro points out that there is one way out of the difficulty. Clericals may wear a short cassock and cover it with a great coat, but that would be an unworthy sub terfuge. Eat Plenty of Lemons. From the Atfiens Banner-Watchman. An experienced and highly respected physician gave a valuable hint the other day, which all may find valuable. “I am convinced,” said he, “not only from prac tical personal experience, but on the the oretically scientific grounds also, that a safeguard against much prevalent summer illness lies in the free use of lemon juice.” MOZLEY’S LEMON ELIXIR. A PLEASANT LEMON DRINK. Cures indigestion, headache, malaria, kidney disease, fever, chills, loss of ap petite, debility, nervous prostration and heart failure, by regulating the Liver, Stomach, Bowels, Kidneys and Blood. Lemon Elixir ig prepared from the fresh juice of lemons, combined with other vege table liver tonics, cathartics, aromatic stimulants and blood purifiers. W. A. James, Bell Station, Ala., writes*. I have suffered greatly from indigestion or dyspepsia. One bottle of Lemon Elixir done me more good than all the medicine I ever taken. A CARD. For nervous and sick headaches, indi gestion, biliousness and constipation (from which I have been a great sufferer), I have never found a medicine that would ; give such a pleasant, prompt and perma- I nent relief as Dr. H. Moxley’s Lemon Elixir. I have used it in my family for years—it has never failed in a single case. J. P. Sawtell, Publisher Daily Sun. Griffin, Ga. MOZLEY’S LEMON HOT DROPS. Cures all Coughs, Colds, Hoarseness, Sore Throat, Bronchitis, Hemorrhage and all throat and lung diseases. Elegant, re liable. Twenty-five cents at druggists. P.c pared only by Dr. H. Mozley, Atlanta, Ga. —ad. —She—The Misses Brown usually sing duets, do they not? He—Yes; they divide the responsibility. —Puck. GIVES FITS TO JUDGE GOBER. SENATOR CARTER BOBS UP WITH FORMAL CHARGES. The Doubling of a Prisoner’s Sent ence Out of Court After He Had Been Formally Sentenced the Populist Senator’s Attack—He Con tends That the Act Was an Unpar donable Violation of the Constitu tional Rights of the Prisoner. Atlanta, Ga., Jan. 16.—Formal charges against Judge George F. Gober of the Blue Ridge circuit were filed with the leg islative investigating committee by Sena tor Yancey Carter to-day. The charges are as follows: Atlanta, Ga., Jan. 5, 1897.—T0 Hon. T. B. Felder, Chairman, and Committee: Gen tlemen—l beg to submit the following in the case of Judge George F. Gober, to whom I referred in my official report to the Senate, where I mention the Mixon case. This report was transmitted to the House of Representatives, which you have the honor to represent. The papers in this case are on file in the executive of fice, and sufficient, in my opinion, to make out the following case: The judge and the solicitor admit that the prisoner was brought into court and formally sentenced, that he had been un der a pronounced sentence to jail for six months, with an alternative fine imposed. That afterward, in a private conversa tion between the judge and the solicitor, and in the absence of the prisoner, sen tence was knowingly and wilfully entered of record for a term of twelve months. It appears, therefore, that the judge violated the law and the most sacred rights of an unprotected prisoner in the following par ticulars: First—He imposed a year’s imprison ment on the prisoner in the absence of the prisoner** - , J Second—He imposed the penalty tft* ■* year's imprisonment on the prisoner nos in open court. Third—He violated the constitutional rights of the prisoner not to be placed in jeopardy twice for the same offense. Fourth—He violated the constitutional right of the prisoner not to be deprived of his liberty without due process of law. It is no excuse for the judge that the solicitor requested him to do it, nor is it any excuse for the solicitor that the judge sanctioned his proposition that “ignorance of the law is no excuse.” Besides the principles involved are too elementary fo* these gentlemen to plead ignorance. After the judge and the solicitor have pleaded to the facts charged, what Is there left for the court investigation to develop? All that could be added to the charges al ready pleaded to would be a disclaimer from the solicitor that his motives, where bad or that in having the prisoner’s term doubled, he was actuated by any thought that doubling the sentence would make the prisoner more likely to pay the alter native fine, to be divided between him and the other officers of the court. The rule applied by the judge and the solicitor to persons coming before them for violations of the law is that the motive is not so much to be arrived at by what the ac cused may say of it, as by the maxim that a man not non-compos mentis must be presumed to have intended the natural consequences of his acts. The case, as stands, is ripe for judgment, and shows at least an administration of the law in reckless disregard of the constitutional rights of s the people, and in violation i»f all precedents made for the protection of the helpless. Feeling sure that the papers accessible to your committee and on file in the executive office will make out the above case, I do not deem it nec essary to furnish the names of witnesses or put the state to that expense. I re quest the committee to look into this mat ter thoroughly. I beg to cite the follow ing elementary principles of law on this case: Justice Harlan, in delivering the opinion of the supreme court of the Unit ed States in Hopt. Utah, 110 U. S. 574 (1884) said: “Such being the relation which a citizen holds to the public, and the object of punishment for public wrongs, the leg islature has deemed it essential to the protection of one whose life or liberty is involved in a prosecution for a felony, that he shall be personally present at the trial, that is, at every stage of the trial when his substantial rights may be af fected by the proceedings against him. If he be deprived of his life or liberty with out being so present, such deprivation would be without due process of law re quired by the constitution.” Senator Carter also cites a list of other eminent authorities on the same, closing with this paragraph: “The furthest the supreme court of Georgia appears to have gone in derogation of these principles was to hold that where the court had pro nounced its sentence, but it had not yet been entered upon the minutes, the court could, where the defendant requested it, reconsider its sentence.” When the senator presented the charges and specifications the committee ruled that it had no jurisdiction to go outside of the cases of Judges Reese and Sweat, and, therefore, declined to go into that in vestigation. Senator Carter also asked the committee for its decision with ref erence to allowing him to prefer charges against other judges, according to his determination indicated on Jan. 4, when he gave the names of his witnesses in the cases tried, and the committee ruled that they could not take cognizance of any such charges, as the House had expressly declined to pass a resolution permitting the investigation of any additional mem bers of the judiciary under the resolution governing this investigation. Santa Clara Not Captured. Madrid, Jan 16.—An emphatic official de nial is given to the report that was cabled here from the United States the ef fect that Maximo Gomez, the rebel leader, had captured Santa Clara, capital of the Cuban province of that name. .
