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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.