Newspaper Page Text
j. A __ **
VOL 3.]
PUBLISHED WEEKLY
BY
VHO3EAS A. DPASTEUa.
KT TERMS—The Washington News is pub
ished weekly, nt Four Dollars a year; or Three
Dollars, if paid one half in advance, &, the oth
er atthe'expiraiionof six mouths,
RU 3 No subscription wiil be received for a less
term than six months. —All ar rearages must be
paid l/eforc any subscription can be discontinued,
but at the option of the proprietor.
[H/* A failure to notify a discontinuance at the
end of the year, will be considered as anew en
gagement.
(Lj* Advertisements (except those published
monthly ) will be inserted conspicuously at 75 cents
per square for the first insertion, and 50 cents for
each continuance.—ls the number of insertions is
not.specified, they will be continued until forbid,
and charged accordingly.
0 All advertisements published monthly,
will be charged one dollar per square for each in
sertion.
{O 3 Letters must be post paid, or they will be
charged to the Writers.
O 3 For the information of our advertising
friends, we publish the following Law Retfuisiles.
Sales of Land and Nog roes, by Administrators
Executors or Guardians, are required, by law,
to be held on the first Tuesday in the mouth, be
tween the hours often in the foitniomi and three
in the ufternoon, at the Court-llouse of the coun
ty in which the property is situate. —Notice of
these rules must be given in a gazette SlXl'V
days previous to the day of sale. *
Notice of the sale of personal property must he
given in like manner, FORTY days previous to
the day of sale.
Notice to the debtors and creditors of an estate,
must be puhlished for FORTY days.
Notice that application will he made to the Court
of Ordiuary for leave to sell land, or Negroes,
mnst be published foi FOUR MONTHS.
Positive Notice.
PERSONS indebted to the Es
tutc of John T. Graves, dee’d.
late of Wilkes county, arc required
to make immediate payment to tlic
subscriber; otherwise he will, through
necessity, and in justice to those in
terested, be compelled to place all
notes and accounts in a legal train
for collection. Pay—-or expeect
the consequences that must certain
ly follow.
Walter 11. Weems, Ad
ministrator dc bonis non.
. March loth, 1830. 33—ts
Notice.
PERSONS indebted to the es
tate of Charles Mattox, late of
this county, deceased, arc requsted
to make immediate, payment, and
those having demands against said
estate, are requested to render them
in, authenticated according to law.
Amelia C. Mattox, adm’rx.
March 16, TB3O. 39—6 t
** NOTICE.
ALL persons having demands
against the estate of Thomas
Eidson, deceased, late of YVilkes
county, are requested to hand them
in properly attested, within the time
prescribed by law, and those indebt
ed to said estate, are required to
make immediate payment.
James Sherman, ) |
Philip Combs, \ a
March 4, 1830. 38—6 t
First rate Land.
, T de
ofpur-
of Wash
ington, and known as the estate of
the late Col. Pray, are invited to
make early application to the sub
scriber. If it should be considered
an accommodation, Negroes or cot
ton will be received in payment.
T. A. PASTEUR.
March 29, 1830. 41
GEO RG lA— Tu l ia ferro Cos un Uj.
TO all and singular the E.xecu
torsand Administrators Iloirs
and Distributees their Attoruiesguar
dians or Agents of the estate of James
Chivers lute of said courtly deceased.
You will take notice that I Sarah
Chivers the widow and relic of the
said James Chivers dee. will apply
to the Superior court to he held in
r.nd for the county of Taliaferro at
the July term 1830, tlmt Commis
sioners may he appointed to lay off
and assign my Dower out ofthe real
estate that the said James Chivers
died sievsed of lying and being in
said county of Taliaferro.
All those which are interested are
boreb v . required to take notice.
Sarah Chivers.
March Bth 1830. 39
WASHINGTON, (GA.) TUESDAY, APRIL (i, 1830.
“All the Worlds’ a Lottery
“From the fail of a Sparrow to
the conquest of Constantinople, hu
man events arc regulated by an un
seen destiny which presides as well
over the LUCKY NUMBERS of a
LOTTERY TICKET, as over the
fate of Empires. Believe me, gen
tle reader, these Lotteries are better
devices for gainiug honest men for
tunes than you imagine. The world
is altogether a lottery ruled by chance j
the man who is not worth a copper |
to day, may become independent to |
morrow, either by being the holder oi !
a Lottery Ticket, or b'v sonic mei- j
cantillc speculation. The fact is, e-1
very man who ventures in a LOT
TE, RY, is a merchant in a small do- j
grec. He sends a little pittance up
on the ocean of chance, and if a pro- 1
pitiousgale happens to blow his num- ,
bers upon the right shore, he lias at •
once an ample interest on his moil-!
ey, by obtaining a prize.”
Nowallye who wish to put mon
ey in your purse ; come and buy a !
Ticket in tiie
BKZ&UBD datnuzi
pyr.f}
LOTTERY,
Authorised by the General Assemble !
of the State of Georgia.
The second days drawing of this !
Lottery vviil be continued on the disc i
instant, and the 255th of April, and i
will be completed outlie 27'h oi.
May.
SCHE2SIS.
1 Prize of §30,000 is §30,000
J Prize “ 15,000 “ 15,000 [
2 Prizes “ 10,000 “ 20,000 i
2 Prizes” 5,000 “ 10,000
5 Prizes” 1,000“ 5,000
5 Prizes “ 000 “ 4,500
5 Prizes “ 800 “ 4,000;
5 Prizes” 700 “ 3,5001
5 Prizes” 600“ 3,000 J
5 Prizes” 500“ 2,500j]
5 Prizes” 400” 2,0001
5 Prizes” 300” J,.>JlO!
5 Prizes” 200 ” 1,0001
25 Prizes” 100“ 2,500 ,
50 Prizes” 50” 2,500 j
650 Prizes 20” 13,000 ,
6,000 Prizes ” 10” 60,000 |i
6,776 Prizes SIBO,OOO [,
13,234 Blanks. Less than 2 blanks j,
to a Prize.
20,000 Tickets at $lO.
THE FRIZES ONLY TO JSE DRAWN. 1 \
AU'the Frizes to be floating from the i!
commencement, except the follow -j!
ing, which will be deposited at dis- j _
ferent periods in the Wheel; viz: | ‘
Prizes J Prizes J Prizes | Prize* | Prizes
Ist daw’s I 2d day’s j 3d day’s j 4th days | 6thday’s
(lriwi.'r. | drawing. ] drawing. j drawing. j drawing
L i „Mio I ul lush I 1 ul luHai j i nj’ 15000 f 1 ©l’ 31 KAS)
1 “ lOOt) 1 “ 1000 j 1 11,00 j 1 lOOO i 1 “ 1600
1 “ <IOO 1 “ 900 ) 1 and ©OO I ! “ COO I i “ COO
1 of SOO 1 “ 800 I 1 *• 800 | 1 “ SOU | 1 “ WX)
1 •• 700 1 “ 700 | 1 “ W I 1 “ 700 | 1 “ 700
1 “ OWI 1 “ 600 j i “ 600 j 1 “ 600 | 1 “ 600
1 “ 500 1 “ 500 j l'“ 500 | i “ 600 I “ 5(0
1 “ 400 1 “ 400 f 1 “ 400 j I “ 400 | 1 “ 400
1 “ SUO 1 “ 300 j 1 “ SOO | 1 •• 300 1 1 “ 300
1 “ 2IK) 1“ are I 1 “ 200 |.l •• 2(0 I 1 200
The whole Lottery to be compu ted
m bh&we&gs csrar.
The drawing will be conducted
under the supcrintcndance of
WILLIAM Y. IIANSELL, x o
SEATON GRANTLAND, 5
1). B. MITCHELL, |
R. lv. HINES, 2
E. H. PIERCE, <§■
WILLIAM J. DAVIS,
FRANCIS V. DELAI NY, $
BENJAMIN F. OWENS. ,
TIIOAIAS RAGLAND,
JOHN MANNING, and S
G. VV. MURRAY, J 5
Tickets in the above lottery in a
variety of numbers, for sale by the
subscriber. Orders from any place
will be promptly attended to if the
Cash he inclosed, uud the postage
paid.
Present price of Tickets gglG,
Halves S$S, Quarters
James 31. Anderson.
Washington, March IG, 1530.—,39
[Tax Collector’s Sale.
Postponed Sale.
WILL be sold at Elbert court
house on the first Tuesday
ihi May next, within the usual safe
! hours the following property, to wit:
! 4*28 acres of land, on Paling
; creek adjoining Tiomns Jarratt at
the time it was given in to the lie*
; ceiver, and at tliis time adjoining
Samuel Lesneurand others; levied
|ou as the property of Joshua Clark
j to satisfy the ‘fat due for the years
I 18:27 &. 18:28. Amount due $7 481
i besides costs.
| William Pulleaui, t. c. e. c.
March Id, 1830.
! WIKES SUPERIOR COURT,
February Term, 1839.
Joshua Morgan, ‘I
| John Waters, j
vs i D.ii lor discove
! James’ House, f r - v ‘'dief and
! Edward Bird & | -’'O'^Uou.
j ThoimisTriplett. j
if having been made appear to
! 3_ the Court taut Je.mes House A
jThoi.-.a Tripi.-tt two of the dele:,
i (hints in said case reside out ofthe
County ol \V ilivu*s~-li t& ii\
; the Court that said James aml Tim-
; !!ms do appear and answer said Bii!
j within four mouths Com the date of
’ this Order and that service ot thi.-
Rule be perfected on them by pabii
cation hereof in one of tilt; nubia
Gazettes of tins fjfate at least once
a ttionlh for three mouths.
1 rue copy from the minutes of
said Court, this 23d day of Februa
ry, lc>3v). 2tn4.ii".
John If. Dyson, C'l’k. |
Judge Cebu's jJccisions. _ j
John Doe cx deni A
Twos. Snio;. ro.N dark Sr;-trier Court. j
~v s - l iyeci;tM,c aiul Ver- I
Rue L Lluaii Iked ( Y <ij ct
. j for Plaintiff.
Tenant m possession. )■ . j
i Jus Cii.sc v\is rned bufotc nic!
last February Term of Clark Supe
rior Court, while silting for
Clayton—The case inula out bv
Plaintiff'was as follows, as well as I
remember.
Tiieophiiits Simontoa (the cider)
deceased, by his hist will, devised
the premises in dispute to his son j
Thomas. The will was executed
only before two witnesses and const:- j
questtly under tire statute of Frauds!
was void, as to Its ml. The heirs oi
Testator being willing to execute,
the declared munition of the Father,
all of them conveyed to Tlmmn-j
Siinonton the devisee. One of th:
heirs thus conveying was under the
age o’ twenty-one. The action was
brought by Thomas Simoutouj and
two counts were hddintiie declarati
on. One on his otm demise, the o
ther on the demise of the heirs oi
rheophilus Bii!inntoii*decense(l. On
deducing lisle under the first count,
file deed of Theophilus Siiuuiitoii t/u
younger, to Thomas Situontou, wt.r.
introduced. It appeared that at the
time of the execution, ofthe deed, ami
at t iie date of the itemise, lie was not
twenty-one years old. But after the
demise, and before trial, lie attained
full age. ami by a solemn act in u ril
ing, on the back ofthe deed, confirm
ed the conveyance. This deed wa
excepted to, on the ground, that hav
ing been executed by an infant, it
transferred no titl.; ami could not
support the demise (aid, and that the
-act 6fcoufirmat ; on after the demise,
was insufficient to sustuinthc demise.
Plaintiff did not rely on the second
count, having omitted the name of
one of the he rs. After argument
heard I admitted the deed, and hint
ed that defendants might, if they
t hought proper, move for anew trial.
The defendants introduced no title,
and a Verdict was rendered for
Plaintiff. The case now conies be
fore me on a Rule Ni Si for anew
trial on various grounds, all of which
hang upon the point, whether the
Court erred in admitting the deed of
Theophilus Simouton the younger to
Thomas Simonton—otherwise the
case was fairly tried on its merits and
I was well satisfied with the finding
of the Jury.
The question” for decision are Ist.
“was the deed from the infant The
ophilus Simonton, junr. to Thomas
Simonton, void or voidable'/’’ And
2d. If only voidable, could it be a-
voided by any other than the infant
himself.
1. On the first point, although, 1
entertained some doubts at the trial,
yet subsequent reflection and an ex
amination of the authorities have sat
isfied me, that I did right ia admit
ting the deed. Such au act done by
an infant as it requires the solemni
ties of delivery by his hand is not
void but voidable, and for this there
is abundant authority.* “If an in
fant make a feoffment and livery in
person, it is good until it be defeated.”
I am equally satisfied on the se
cond point. It is true that so me o
thersthan the inflict, may avoid his
voidable nets; hut those others must
not b c strangers.
I hat an infant can avoid his deed
after arriving at full age i.-s undoubt
ed. So also can ii be avoided by bis
privy in blood ns bis heir, or by those
w ho have Ins estate, but not by these
(‘.ho arc only privy in e-tate-f
! am of opinion that the Rule Ni
Si shot,ld he discharged, and it is or
dered to he discharged accordingly.
‘3. Barr. 1791. Com. Dig. 6tff—lb. 621,
3,1. i'„>p. A!,. lil —Ki. 138.
t 34 Com. 623, Ab. 111.
“ E ‘BORN J ).N I':,") Jasper Superior
vs. j Court, Trover —j
JThe r.xeeutors )> Verdict of Tiff. |
of j and mot; ,n for I
Edward Bitow J ncto Trial. j
From the abstract of the evidence i
submitted to tin:Court, and the state- j
meats and admissions of Counsel in !
the argument the leading facts in I
this cusc appear to have been as foi- j
lows. Jones the plaintiff*, married
the daughter of Edward Brown (now
deceased,) and at thetime ofthe mar
riage, Brown placed in his possession
a n.gro woman, the subject of the ac
tion.
Jones continued in possession of
the Negro until the death of his wife,
(say 5 or G years.) when Brown took
the negro again into his own posses
sion. wheraimou J.ipca „aii l iuuu.l
tins action, against him, who having
died pending this action, his Execu
tors were made parties.
The question was, whether the de
livery of the neg'o by Brown to
Jones, after his marriage, was a gift
or loan. On the in ddriul the Plain
tiff introduced evidence proving the
declaration of llro.vn that “he bad
given Jones the negro woman,” and
when speaking about emancipating
bis negroes, that ha said lie would
“give Jones and his other children,
die worth of the negroes” lie had
riven them. Anil again, when one
ofthe witnesses applied to l.irea ne
gro, he said “Ac had given Jones one,
and he had none to spare.”
The Defendant i (traduced evid
ence to prove that Jones paid taxes
for no negro ; that lie returned this
as Brown’s; admitted she belonged
th Brown, complained that Brown,
hud not given her to him, admitted
that he had no negro of his own, and
that it was always understood that
Brown never gave but only loaned his
negroes to his children.
On this state of facts the Jury re
turned a Virdict for Plaintiff. A
new trial is moved for Ist. That the
Verdict is contrary to evidence. 2d.
That since the trial tiie defendants
having discovered new and material j
evidence upon the first ground the j
Court has no doubt.
This is a clear ease of conjlictng
evidence of which it is the peculiar
province of the Jury to judge and de
cide. No principle is better settled
than that in such a case, anew trial
ought not to bovgrantod, even though
the Judge should differ in opinion with
the Jury.
It can by no means he said that
the Verdict is contrary to evidence.
That the weight of evidence was with
llic Defendants in the opinion ofthe
Court, might be conceded.—But it is
conceived, even in that case, the es
tablished principle is that a new trial
ought not to be grqnted.
To sustain the second ground, the
affidavit of the Defendant has been
read, in which lie states that “since
the trial” he has discovered “new
and material evidence” which he
hopes to obtain at the next trial. 1
This new and material evidence is
the testimony of YVm. P. Brown of
1 Alabama, gad sou of Kdw’d Brown 1
[New Series—No 42.
‘deceased, and who is entitled to ut
share of his estate under his will;
and Ann Feddfcr of Jasper counly,
by whom he expects to prove that at
the time the Plaintiff was about to
carry away the negro they heard Ed
ward Jlrown tell him, that “he did
not give him the negro” and not to
pay taxes for her, and that Jones ad
mitted that the negro did not belong
to him, and that Edward Brown nc
vor gave but only loaned, a. negro to
each of his childred,
The Court is of opinion that anew
trial cannot be granted upon this
ground. From the best examination
which the Court has been enabled
to make into the authorities upon this
point, it. bclives the following to he
the settled doctrine, viz: Thai anew
trial ought not to be granted, upon
the account of evidence discovered
after the trial, which by using due
diligence might have been discover*
ed before *
It is equally well settled, that
where the newly discovered evidence
is merely cumulative anew trial will
be refused.f
It was admitted irt the
that Win I*. Brown was the son of
Edward Brown saying nothing about
his interest (which it. is possible ho
might have been willing to release)
and passing by a formidable objec
tion made by Plaintiff’s counsel in
the course of argument, that Ins affi
davit was not produced.—The Court
is of opinion that by the exercise of
a very ordinary degree of diligence,
E. Brown in Iris life time, and his’
executors after his death, might Imvo
discovered and obtained his evidence.
In such a ease as this, what was more
material or obvious than to enquire
ol E. Brown’s children, how and un
der w'nat circumstances he gave his
negroes into their possession ? A
taii.ure to make such an enquiry is
gross negligence. It certaiuly shows
no kind of diligence.
Then as to Mrs. Feddler—lt ap*
ftsrotes, h\
mi/i/ of l.'ic father of the Defendant
the Executor? of Brown. The de
fendant Broaddus also lives in Mon
ticcllo. Is it possible that by the ox-”
creise of tiie most ordinaiy diligence,
ho could not have been informed oF
what she could prove ? The Court
conceive that it is net.
But farther more, the Court con
ceives that the evidence of both w it
acsses is merely cumulative, to tliaC
which was offered, and for that rea
son also the new trial should be re.
fused. Had they been introduced
and had they been sworn as the De
fendant in bis affidavit states, he be
lieves that he will swear viz : That
E. Brown only loaned the negro to
Jones, when ho first gave him pos
session ol’her, yet, a jury iri weighing
the evidence, might come to the con
clusion that the witnesses of the
Plaintiff ought to believed. For E.
Brown might first “loan,” and after
wards “give” the negroes to his
daughter’s husband.
Lot the Rule At Si be discharged
and the execution proceed.
*_(> Bac. Ab. G. Si W’s. Edition J>. 672.
* Coin. Dij. 227 and 8. 8 John K 84. 2 CoW.
132 15 Join 210.
A picture of the landing of Gen.
Lafayette at Cincinnati, on- his tout*
through the U. S., has been painted
in that city by a French artist who
was exiled from his country for adher
ence to Buonaparte. Its dimension
are sixteen feet by twelve. It pres
ents the poit rates of the mast distins
guishetl persons who were engaged
in the ceremony. The Western Re
view, speaking of the picture, says;
“Among the whole mass ofhundreds,
there is not un individual, in a posi
tion to display his countenance, in
which it is not taken with such fidel
ity, that a child, acquainted with the
persons, instantly mimes them in the
picture.” It will scon be brought to
the Atlantic cities fi r exhibition,
S ,!>. Georgian.
Fire. —On Monday night last, the
store-house of Findley G. Steward,
Nathaniel Blunobiiril’s Law Office,
and the Clerk’s Office ofthe Stq>e
riqr court in Fayetviile Fayette c un*
| tv, were all consume: 1 . A pari of
I goods in (he store, anti the papers of
, both offices were principally saved
JiUCt ? Mcs.