Southern recorder. (Milledgeville, Ga.) 1820-1872, January 26, 1869, Image 1

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Newspaper Page TextVol. L. £l_ ivl. O 1H, 2vH E & SO ISX 3 EDITORS AND PROPRIETORS. MILLEDGEVILLE, GEORGIA, TUESDAY, JANUARY 26, 1869. No. 4. TtTlilS- -§3,00 !-er unuum, in Advance. lDVBKTtsiKG—Pei square of ten lines, each S 1 I!' 1 - Merchants and others forall , 0 ver §25, twenty-five jier cent.off. 1 r.GAL ADVEKTISIKU. ()rdinarh's.—C’itatlonsfov letters of ad- utvatiun,guardianship, &,c $3 00 llain 1 ' i.l notice. itiers of dism’n from adm’n 5 Anu;icatio ,,for J , '' ; for letters of .Pam notguard'n A, ' ! ■•(•ntion for leave to sell Land ,Debtors and Creditors ... 00 00 if 50 5 00 3 00 5 00 1 50 2 50 5 00 5 00 O' Es Ayi; Vfltf. ■ . r . % 1 1„ S Laud. firr square oj ten Lues fo.> of personal, per sq-, ten days Each levy of ter, lines, or less.. Mortrfa^e sales often lines or less "p' ; ("ofvctor’s sales, per so, (2 months) ^.-Foreclosure of mortgage and oth- ' monthly’s, per square 1 00 notices, thirty days C 00 Tributes of Kesptfct, Resolutions by Societies, Obituaries, A c., exceeding six lines, to be charged as transient advertising. : y Sales of Laud, by Administrators, Execu- tnrs- i' Guardians, are required by lave, to be held on tbs first Tuesday in the month, between the boors often in the. forenoon and three in the uf tcruoon, at the Court-house in the county in which the property is situated. Notice of these sales must be given in a public gazette 40 days previous to the day of sale; Notice for the sale of personal property must be /riven in like manner 10 days previous to sale day. Notices to debtors and creditors of. an estate must also be pablisuud 4b days. Notice that application will be made to the Court of Ordinary for leave to sell land, must be published for two months. Citation: for letters cf Administration, Guar dianship. &e., must be published SOdays—for dis- niinsion from Administration, monthly sir months; for dismission from guardianship, 40 days. Kales for foreclosure of Mortgages must be published monthly for Jour months—for establish ing lust papers, for the full space of three months— for compelling titles from Executors or Adminis trators, where bond has been given by the de- c >ased. the full space of three months. Charge, SI 00 per square of ten lines for each insertion. Publications will always be continued accord ing to these, the legal requirements, unless oth erwise ordered. aeon <&& W~estern R AI L R <3 ^ X> . —DAY TRAIN — Leave Macon 7.45 A. M., arrive at Atlanta, 2 P.M. AtlantaTi A.M.,arriveatMacon, 1.30P. M. —NIGHT TRAIN — Leave Macon 8.40 P. M., arrive at Atlanta, 4^ P.M. “ Atlanta74 P.M..arriveat Macon3,10 A.m! Macon & Brunswick Railroad. G. H OFFICERS. HAZLEHURST i-SCHMIDT, MasterTransportation. H. C. DAY. Secretary &. Treasurer. LeaveMaeou3 P. M.,arrive at Macou. 10.30 A. M. Leave flawkiusville 7 A. M.,arrive at Hawkins- vilie, 6.30 P.M. March ] I 1868 11 Schedule of Macon £ Augnsta R. R. Leaves Carnal:, daily, at 12.30 P. M. * Milledgeville 6.30 A.M.|J Arrives at ililiedgeville 4 20 P. M. “ Camak 9.00 A.M. Passengersleaving Augusta or Atlanta on Day Passenger Train of Georgia Railroad will make close connection at Camak for inter mediate points on the above road, and also for Macon, &c. Pas- aengersleaviiig Milledgeville at 5.30, A. M.,reach Atlanta aud Augusta same day, and will make close connections at either place for principal point3inadjoining States. E. W.COLE, Gen’l Supt. Augusta,January 7,1868 4 tf 1oStiTWe8Tern R. It. t o. OFFICE, MACON, OA.. March24th, 1668. Col ambus Train—Daily. Leave Macon .1 5 15 A.M. Arrive at Columbus 11.15 A. M. Leave Columbus 12 45 P. M. Arrive at Macon 6.20 P. M. Evfavla Train—Daily. Leave Macon — 8.00 A. M. Arrive atLuf.mla —. .. 5.30 P. At. Leave Enfaula 7.20 A. M. Arrive at Macou 4.50 P. M. Cun tied ini; with Albany Tram at Smithville Leave 8mithville - 1-46 P. M. Arrive at Albany 3.11 P. M. Leave Albany 9 35 A. M. Arrive at Smitlivllla 11.00 A. M. Connecting icith Fort (raiacs Train nt Cuthbert. Leave Cuthbert 3.57 P. M. Arrive at Fort Gaines 5.40 P. M. Leave Port Gaines 7.05 A. M. Arrive at Cuthbert 9.05 A. M. Connecting with Central Railroad and Macon & Western Railroad Trains at Macon, and Mont gomery A West Point Trains at Columbus. VIRGIL POWERS, lxngiueer & Superintendent. Schedule of the Georgia Railroad. O N AND AFTER SUNDAY, MARCH 29tli, 181)6, the Passenger Trains on the Georgia Railroad will run as follows: DAY PASSENGER TRAIN. (Daily, Sundays excepted.) - % Leave Augusta at 7.10 A. M. “ Atlanta at 5 A. M. Arrive at Augusta 3.30 P. M. “ at Atlanta ...6.10 P.M. NIGHT PASSENGER TRAIN. Leave Augusta at 3 45 P. M. *• Atlanta at 6.45 P.M. Arrive at Augusta 5.30 A. M. “ Atlanta 4.00 A. M. BERZELIA PASSENGER TRAIN. Leave Augusta at . - 4.30 P. M. “ Berz-diaat.., 7.00 A.M. Arrive at Augusta 8.45 A M. “ at Berzelia. 6.15 P.M. Passengers for Milledgeville, Washington and Athens, Ga., must take Day Passenger Train from Augusta and Atlanta. Passengers for West Point, Montgomery, Sel ma, Mobile aud New Orleans must leave Augusta on Night Passenger Train at 3-45 P. M.,to make close cumiectioifs. •«. Passengers for Nashville, Corinth, Grand Junc tion, Memphis, Louisville and St. Louis can take either train and make close connections. Through Tickets and Baggage checkedthrough to the above places. Pullman’s Palace Sleeping Cars on all Nigfct P asseuger Trains. E. W. COLE, Gen’l Superint’dt. Augusta, March 26,1868 4 tf CHANGE OP BASE. UNDERSIGNED having purchased the J Stock of Mr. H. Tinsley, Atrent, the busi ness formerly conducted by him will be continued by u:}, at the old stand, where a general stock of Dry G-oods, SHOES, _ HATS, Crockery, Glass Ware, Ac, will be kept constantly on hand, and sold at low prices for cash. T. T. WINDSOR & CO. 11aviug disposed of my interest in the bu siness conducted by me in this place, I take pleasure in recommending my successors, T. T. lv INDSOR <fc CO., to my friends, and would so- 1 cit for them a full share of the very liberal pa tronage they have heretofore extended to ms. H, TINSLEY, Agent, Milledgeville, Oct. 13, 1868 41 tf j^IRE! PROOF COTTON WAREHOUSE. UNDERSIGNED have opened a Fire E proof Warehouse on Hancock street, aud are now prepared to STORE and ADVANCE upon all Cottor. entrusted to them. Planters have the opportunity wforded them of holding their crops at a small expense, until prices suit them. BAGGING, ROPE, TIES, and PLANTERS’ SUPPLIES always on hand. ; t-#' We will make liberal advances on all Cot- ion consigned to Messrs. Jones & Way, Savan nah, Georgia. JOHN JONES &. CO. Milledgeville, Sept. 22, 1838 38 Gin John Jones, Late Treas’ror State of Ga. Charlton H. Way, Savannah, Ga. •TOInES& way Factors —AND— CO UMISSIOA MERCHANTS, Savannah Georgia. Liberal advances niRde on all Cotton consigned o us, by Messrs. John Jones &■ Co., Warehouse- jnen, Hanocck street, ililiedgeville, Ga. September 22, 1868 38 6m WASHINGTON INSTITUTE, MALE and female. Li ill on, Hancock county, Georgia. Rev. J. T. ADAMS and IVY W. DUGGAN, Associate Principals. Depart*’.. Mrs. VIRGINIA TRAWIC’K, Ornamental “ Expenses. Board and Tuition in Literary Department, Spring Term — ..... §120 00 Board and Tuition in Literary Department, Fall Term — - 60 00 This includes Room, Fuel aud Lights, but does not include washing. 'The experience of the past compels the require ment of Board and Tuition cash in advance. No one will be considered a member of tne Institute until this requisition receives attention. Pupils nre taken by the Term. Deductions are made for protracted illness. • Economy in dress: and other expenses is re quired of pupils. All dues are pa3’able in currency. No charge is made for use of Musical Instru ment. Rates of Tuition. Spring Term. Primary Class, §15 00 Intermediate Class, 21 00 Advanced Class, 30 00 Incidentals, 1 00 Music on Piano, 24 00 li Guitar, 24 00 Drawing, Ornamental Fainting, Grecian Paint ing, Antique Painting, Embroidery, Wax Work, Leather Work, Ilair Work, each, $10 00. SPRING TERM commences January 19th aud closes July 2d. FALL TERM commences July 27th and clos es November 12th. December 22,1868 ’ 52 3t jltl.an.ta SL ilifcsl Ifolni FLAIIs Day Passenger Train—Outward. Leave Atlanta ...” 4.45 A. M. Arrive at West Point. 9,50 P. M- Ly Passenger Train— Inward. Leave West Point. 1.30 P. M. Arrive at Atlanta 6.20 P. M. Night Freight and Passenger—Outward. Leave Atlanta 4.15 P. M. Arrive at West Point 11.40 P. M. Right Freight and Passenger Train—Inward, Leave West Point...' 4.20 A. M. Arrive at Atlanta - li-30 A. M. Shuruye. ap ^fcliedaLc. OFFICE SOUTH CAROLINA R. R. CO., \ Augusta, Ga., March 25, 1868. > (~kN T AND AFTER SUNDAY, 29th March, j--' 1868, the Mai and Passenger Trains of I hi, Hoad will leave and arrive at. through Central Depot, Georgia Railroad, as follows: P Morning Mail and Passenger Train °r Charleston, connecting Train for Columbia, bouth Carolina, Charlotte Road, and Wilming- ton and Manchester Railroad. Dave Central Depot at. - 5.50 A. M. Arrive at Central Depot .... 3.30 P. M. Night Passenger if Accommodation Train For Charleston, connecting v> ill) Train for Cl«'- luaibia.ftiid with Greenville and Columbia Rail road: Leave Central Depot, at 3.50 P. M. Arnve at Centra) Deootaf..... 7.00 A. M. H. T. PEAKE, Genaral Sanerintendcnt. JES T 3>T -A. Life Insuireiiico Go., —(»*—* HARTFORD, CONN. ASSETS over $7,000,000. MACON BRANCH OFFICE. No. 64, Mulberry Sired. H. I December 24. 1867 EDA!) LAWS. The following are ihe Road Laws as published in Irwin s Code, ior the guidance of Road Commissioners. Un der the late law of the Legislature, the Ordinary of each county has the mat ter under his direct control, and where the words “Inferior Court” occurs, it should now read Ordinary. $ 665. Ail defaulter? must Sle their excuses, if --.President, any, on oath before the .Commissioners, who must meet at someplace within the district for fining defaulters, which place of meeting they shall give ten nays’ notice, in writing, at one nr more of the most public places in the district, and no other notice shall be necessary. $ 6C6. Huch Commissioners must issue execu tions under their bauds and seals for their war rants of arrest, as the case may be,] against eacli defaulter who fails t.6 render a good excuse, directed to any lawful Constable, who shall levy and collect the same as executions issued from the Justices’ Courts Lor, as the case maybe, arrest the defaulter aud bring him before the Commissioners to abide the judgment of the same.] b 652. There shall be three.Commissioners for each road district, any two of whom may act, and in case there is only one in a district, that one is invested with-all the powers of the three until the vacancies are filiod. $ 693. Such CotmutFsioners arc appointed or re-appointed' by the Justices 61' the Interior Court, biennially at tbeir first meeting of the years of the appointments, and, whenever necessary, to fill vacancies at any time. 6 691. Those thus appointed are compelled to j serve, unless excused by such Justices, who shall receive for such excuse, providential cause only. § 695. As soon as appointed, they shall be no tified thereof in writing within ten days thereaf ter by the Clerk of the Interior Court, and if such appointees do not, within ten days after receiving such notice, tile their excuse in writing, under oath, in such Clerk’s office, they shall he consid ered as having accepted. (i 696. If a Cleik fails to give such notice, he is guilty of a contempt, and shall be by such Justi ces fined twenty dollars for each neglect. § 697. Such Commissioners, while in office, are exempt from ail jury, patrol, militia, aud oilier road duty, ^ 698. It is their dvity: 1 To appoint, within fifteen days, one or more persons m their respective districts as overseers of the road. 2. To apportion the roads and hands under their charge at the same time as equally and fairly as possible, aud to furnish the severai overseers with a list of the roaus and hands under their respect ive charge. 3. To hear and determine upon all eases of de fault or other violation of the road laws within their jurisdiction (if not indictable only) at a Court to be held bv them twenty days after every road working, Or as often as emergencies may require, and to issue executions or other process against the convicted. 4. To keep a book in which to enter— First. The several hands in their respeciive dis tricts subject to road duly; to what roads and what parts thereof assigned, and under what over seer; changing and correcting it time to time, as may be necessary. Second. A list of ail defaulters and persons fined, the amounts fined,amounts paid, what disposition made bt the money, what, executions issuod and unpaid. 5. To pay to the County Treasurer, as soon as collected, that portion of the tine money belong ing to the County, to be used in the. repairing or building of public bridges and causeways, aud annually on the first of December, to report to the Justices of the Inferior Court the condition of the public roads and bridges iti their respective dis- trics, the state of the finances, what executions are outstanding unpaid, and tbeir condition. 6. To inspect, from time to time, the public, roads, bridges, and femes within tin if districts, no tice the character of the repairs, and observe if auch road is regularly posted and direction boards put up as required by law, and if said bridges and fer ries are in proper repair. 7. To exercise a ft eneraJ supervision over their respective overseers, and to fine them for neglect of anty, and to see that persons arc indicted for the offenses aot forth iu. tire road lit o s. 8. To administer all oaths, relative to the road laws, connected with thoir duties, C 61*9. In making up the list of road workers, they must not include, the. following description of persons, who are .exempt from such duty—viz: Licensed ministers, teachers and sirideois of col leges and schools, keepers of public grist mills, public ferrymen, keepers of toll bridges, turnpikes, •causeways, and plank roads, engineers arid while, persons in charge of cars or trains running on railroads, officers of the United {states, this btate, or any County thereof, and all others exempted by any special law. b 7(10. They are authorized to pay overseers one- half of the fine money as compensation to him as informer. ^ 761. [ Whenever the Grand Jury in any Coua- ty in this ritai-e shall present any Road.Commis sioners for neglect of duty generally, or in ;my particular, it'shall thereupuu he the difty of the Cleik of the Court to issue a summons in writing, directed to such Commissioners, commanding them to be and appear at the next term of the Su perior Court in which the presentment is made, to answer the accusation ol'the Grand Jury, which said saiomons shall bo served by the Sheriff up on the Commissi oners at least t wenty days be fore the Court to which the same is return able; and if, upon the investigation of the case, it shall appear that the accusation is made but by the proof, the Judge shall thereupon impose upon such 1 Commissioners a fine of not less than fifty dollja.s nor more than two hundred dollars.] v) 7(hi- If they have been July cited and served* and fail to appear, the Court may proceed ex parte. § 703. "’be Clerk of the Court is directed to is sue executions against them for thefiueand costs, which shall be executed by the Sheriff. 1 he lien of such executions, and the property subject there to, are the same as those against defaulting road workers. j 704. When any public road may be on a road district lino, a.,d tlie Justices of the Inferior Court have not specially assigned it to any par ticnlr-rdistriet or set of Commissions, the Commis sioners of each district shall co-cpcr^tc in arrang ing the hauuo and appointing the overseers for such road- $ 705. The books such Commissioners are re quired to keep must be furnished by the Justices of the Inferior Court at the expense of the Comity, and out of the road money, if any, and when full must be deposited iu the office of the Clerk of the Inferior Court. fi 766. After the Commissioner has faithfully served through the term of his appointment, lie may obtain from the Clerk of the Inferior Court a certificate of snch fact. <S 747. When any railroad over which a crossing U required shall be obstructed, or not in good order re * ,i. .. D„,a .... 'SWALLOWING AN OYSTER ALIVE. A Sucker—His First. Oyster—Swallow ing it alive—Terrible Situation—The Rescue—Disappearance. Al a late hour the other night, the <Joor of an oyster-house in our city was thrusl open, and in stalked a hero from the Sucker State. He is quite six feet in height, spare somewhat, stooped, with a hungry, anxious countenance, and his hands pushed clear down io the bottom of his pantaloon pockets. Ilis oulcr covering was hard to define, but after surveying it minutely, we came to the conclusion that his suit had been made in his boyhood, of a dingy yellow 1'msey wolsey, and that, having spouted up with astonishing rapidity, he had been forced to piece it out with nil colors, in order to keep pace with his body. In spite of his exertions, however, he had fallen in arrears about a foot of the necessary length, and, consequently, stuck that far through his inexpressibles. His crop of hair was surmounted by the funniest little seal skin cap imaginable. After tak ing a position, he indulged in a long slate at the man opening bivalves, and slowly ejaculated—“lsters ?” “Yes, sir,” responded ihe attentive operator—“and tine ones they arc too.” “Well, I’ve hearn of lsters afore,” says he, but this is the lust lime I’ve seed ’em, and perhaps I’ll know what hey are made of afore I git out of town.” Having expressed this desperate in tention, he cautiously approached the plate and scrutinized the uncased shell fish, with a gravity and interest which should have done honor to the most il lustrious searcher into the bidden mys teries of nature. At length he began to soliloquise on the dilhcultv of getting them out, and how queer they looked when out. “I never seed anythin’ hold on so— takes an amazin site of screwin,’ boss, to get ’em out, and ain’t they slick and slip’ry when they docs come? Smooth as an eel. I’ve a good mind to give the teller lodging, just to realize the effects, as uncle Jess used to $ay about speckalation.” “Well, sir,” was the reply, “down with two bits, and you can have a doz en.” “Two bits!” exclaimed the Sucker, “now come, that’s sticking it on right strong, hoss, for islers. A dozen on ’em ain’t nothing to a chicken, and there’s no gettin’ tnore’n a picayune apiece for ’em. I’ve only realized for- picayunts on my fust venture equal to a small earthquake, then’taint no use sain’ it—it squirmed like a ser pent when that killin’ stuff touched it; huand here, with a countenance made up of suppressed agony and pres ent determination, he paused to give force to his words, and slowly and de liberately remarked, “if you get two chickens from me for (hat live animal I’m d—d ! and seizing hi3 seal skin cap, he vanished. The shout of laughter, and the con tortions of this company at this finale would have made a spectator believe that they had all been “swallowing oysters alive.” DECISIONS OF THE SUPREME COURT CF GEORGIA, Delivered at Atlanta, Jan. 19, ’6S. Furnished fry N. J. Hammond, Supreme Court Reporter, Expressly for the Constitution* be sold in satisfaction of the creditors judgment. The court below decreed a perpetual injunction: Held, that the judgment of the court below, perpetually enjoining the judg ment creditor, was error, it being the opinion of this court, that the court be low, upon the State, of fact presented by this record, should have ordered and decreed that the land be sold, and out of the proceeds of such sale Mrs. L be first paid the amount of the orig inal purchase money to which W would have been entitled under his contract. Geo. M. Thomas, plaintiff in error, vs. ihe Georgia Railroad and Banking Company, defendant in error : Case —from DeKalb. Warner, J.—When amotion is made to dismiss an appeal at the first term after the appeal has been entered, on (he ground of the insufficiency of the security, a rule should be applied for requiring the parly to give other secu rity, or to show cause why the appeal should not be dismissed, of which the party should have reasonable notice. When an aeliou has been insliluied against a Railroad Company, >n the county in which the injury was done, by the running of a hand-car on the de fendant’s road : Held, that the court in the county in which the injury was done had juris diction to hear and determine the ques tion of damages caused by the running of a hand-car as well as auy other car, upon the defendant’s road, and that the Court erred in dismissing the plain tiff’s suit for want of jurisdiction. Judgment reversed. Hill and Candler, for plaintiff iu er ror. L. J. Clenn & Son, for defendant in error. with interest thereon up to the time of "peal bond, under our Code, only binds sale, and that the balance of the pro ceeds of the sale of the land he paid to the judgment creditors of W, accord ing to their legal priority, in existence prior to Mrs. L. purchase of the land. Judgment reversed- Tidwell & Fears, for plaintiff in er ror ; M. Arnold for defendent in er ror. fust I'll tell you what, I’ll chickens for a dozen, if Fall Term. $16 (ill 14 00 20 00 1 00 16 00 16 00 BACKUS, Aeent 52 tf STOVALL & BUTLER, Ootton Wareh.OLis© AND General Commission Merchants, NEW FIRE-PROOF WAREHOUSE, Southwest Corner of Bay and Jackson Streets, AUGUSTA, GEORGIA. M. P. STOVALL, D. E. BUTLER, Of Augusta, Ga. Of Madison,Morgan co., Ga. September 1, 1808 35 3m CONSUMERS OF COAL. Great Reduction in Rates per Car Toad, 10,000 pounds. From Chattanooga to Milledgeville, $32 00 “ Coal Creek, Tenn., via Knoxville, 45 10 3 tt JOHNSON, Aaft'tSup't.Oa.R. R. Augusta, Scpi- 24, 1868 at such'. crossing', a Road Commissioner, or an overseer of the road district where the crossing is, must.notify the nearest age at or employee of the company, in writing to remove such obstructions, or to put such crossing iu proper order within thirty days from the date of such notice. r'i 749. The Commissioners shall then issue exe cution, under their hands and seal,directed to any lawful officer, for the amount of such value and the costs of the proceeding against such defaulting railroad company, as in case of other defaulters ( J. F. WHEATON, .• Late ot ( Wilder,WheatonACo. F. VV. SIMS, > Late of Savannah V Republican. ) F. W. SIMS A CO., SAVANNAH, a A., GENERAL COMMISSION MCMffS, Cumignmmts are respectfully srdidled and will receive strict attention. Agonto for Dillon’s Udivarsal Tie and Iron Bauds. September 8,1868 36 3ra ly-five to St. Louis, gin you two you’ll conclude to deal.” A wag who was standing by indulg ing in a dozen, winked to the attend ant to shell out, and the offer was ac cepted. “Now mind,” repeated the Sucker, “all fair—two chickens for a dozen— you’re a witness, mister,” turning at the same time to the wag, “none of your tricks, for I’ve heard that you city fel lers are miiy slip’ry epons.” The bargain being fully understood, our Sucker squared himself for the on set, deliberately pul offhis seal skin, lucked up his sleevt ?, and fork in hand, awaited the appearance of No. 1. It came—he saw—and quicklv it was bolted ! A moment’s dreadful pause ensued. The wag dropped his knife and fork with a look of mingled amaze ment and horror—something akin to Shakspeare’s Hamlet on seeing bis daddy’s ghost—while he burst into the exclamation: “Swallowed alive as I am a Chris tian !” Our Sucker hero had opened his mouth with pleasure a moment before, but now it stood open. Fear—a hor rid dread of he did’nl know what—a consciousness that all was’nt right, and ignorant of the extent of the wrong— the uncertainty of the moment was terrible. Urged to desperation, he fal tered out— “What on earth’s the row?” “Did you swallow it alive ?” inquir ed the wag. “I swallowed it jest as he gin it to met” shouted the Sucker. 4< \bu’re a dead man!” exclaimed his anxious friend; “the creature is alive, and will eat right through you,” added he, in a most hopeless tone. “Get a pizen pump and pump it out!” screamed the Sucker in a fren zy, his eyes fairly starling from their sockets. “O, gracious ! what ’ill I do? It’^got hold of my innards already, and I’m dead as a chicken! do something for me, do—don’t let ihe infernal sea toad eat me afore your eyes !” “Why don’t you put some of this on it r” inquired the wag, pointing to a bottle of strong pepper-sauce. The hint was enough-7—the Sucker upon the instant seized the bottle, and, desperately pulling out the cork, swal lowed halt the contents at a draught. He i'airly squealed from its effects, and gasped, and biowed, and pitched, did twisted as if it were coursing through him with electric effect, while at the same time In's eyes ran a stream of tears. At lengLh, becoming a little composed, his waggish adviser, almost bursting with suppressed laughter, in quired : “How are you now, old fellow—did you kill it?” “Well, T did, hoss ; ugh, ugh, 0-0— my innards. If that isler critter’s dy ing agonies didn’t stir a ’ruption in me David Davenport, plaintiffio error vs. the State, defendant in error—Riot from Union. Warner, J.—The defendant was in dicted fora riot, aud upon the trial, the court charged the jury that “if two or more persons, either with or without a common cause ofquarrei, do an unlaw ful act ot violence, or any other act in a riotous and tumultuous manner, such persons so offending are guilty of a ri ot ; and that if two or any other num ber of persons were engaged in such iotous act, one coining up and engag ing in such riotous act, after it began, was equally guilty as though he had been there in the beginning.” Held, that in view of the facts of the case contained in the record, there was no error in the refusal of the court to charge as requested, nor in the charge as given. The verdict was right un der the law and the evidence,. and is, therefore affirmed. Weir Boyd tor plaintiff'in error. No appearance, for the Stale. John Holt, plaintiff in error vs. the State, delendant in error : Riot— From Gilmer. Warner, J.—Where five defendants were indicted for the offense of an as sault, with intent to murder, and af ter being arrested, demanded their tri al under the provisions of the 4554rth section of the Code, and the State not being ready, were discharged and ac quitted by the judgment of the Court, and were afterwards indicted for the same act of shooting, under the charge and accusation of an “aggravated riot, attended with circumstances of an at- trocious and..aggtavated nature,” arid to the second indictment, the defend ants, on being arraigned, filed the plea of autrefois act j nit., to which plea the counsel for the State demurred, and the court below sustained the demur rer and decided that the defendants plea was not a good bar: Held, that the court erred in sustaining the de murrer to the defendants plea. Judgment reversed. Geo. D. Rice, J- R. Brown, by the Reporter, for plaintiff in error. No appearance for the Stale. John M. Huie, et. al., plaintiff in er ror, vs. Sarah E. Loud, defendant in error. Equity from Clayton. Warner, J.—M purchased ofVV, a tract ofland, on time, giving his note for the purchase money, and taking the vendor’s bonds for titles, went into the possession of the same, and afterwards, L, a married woman, purchased the property as her separate estate from M, and paid the original purchase money to W, the original vendor, who executed a deed to M, and M, the first purchaser of the land, executed a deed to L, the married woman, receiving the sum of Thirty-one Hundred Dol lars in Confederate money. Subse quently, the land was levied on to sat isfy a judgment obtained against M; the first purchaser of the land from W, in favor of H, and ^as advertised for sale as the property of M. L tiled her bill on the equity side of the court, en joining the sale and praying perpetual injunction against the sale thereof, on the ground, that, in view of the facts of lbe case, the laud was not subject to D. B. Barrett, administrator, plaintiff in error, vs. J. W. Jackson, et. al., defendants in error: Certiorari, from Gordon. ^V arner J.—When a certiorari was sued out to correct the errors ot a de cision of the Inferior Court, upon a trial for the abatement of a nuisance under the 4026th section of t he Code and was issued bv the Judge of the Sui>erior Court: Held, that where the Inferior Couil had jurisdiction under that Section of the Code for the trial of nuisances as specified therein, it was not error for tne Judge of the Superior Court to is sue the certiorari for the alledged er rors had upon such trial : Held, also, that at the lime of the trial specified iu the record, to wit : On the 27th De cember, 1867, the Inferior Court, of Goro'ou county did not have jurisdic tion to hear and determine the question of the abatement of a nuisance, as spec ified in the 4026th section of the Code, but that such jurisdiction at that time, was vested in the County Court of that county. Judgment reversed. W. H. Dabney for plaintiff in error. W. Akin lor defendant in error. 'giving the six months nolice, ^nil that the court did not eu in granting an in junction arid appointing a receiver to wind tip the affairs of the partnership. Judgment affirmed. W. T. Wofford, Jno. Cox, for plain tiff iu error. * W. Akin, for defendants itr error. John W. Odell, plaintiff in error, vs. Joseph W. Wooten, defendant in error. Motion to discharge Surety on Appeal—From Fulton. r Brown, C. J.—1. Security on an ap- Tbe State, plaintiff in error, vs. John Dickson, defendant in error. Motion to Distribute Funds—From Whit field. • Brown, C. J.—The Western and Atlantic Railroad i.s the property of the State, and its incomes are part of the revenue of the Stale. A debt due the road, is a debt due the public, and is to be paid before “any other debt, lien, or claim, whatsoever,” except funeral expenses, &c., as specified by Code. Judgment reversed. Spray berry and J. A. W. Johnson, by the Reporter, for plaintiff in error. C. D. McCutchin, by A. B. Culber son, for defendant in error. ; John E. A. Murphy, plaintiff in error, vs. E. M. Bruce He Co., defendants in error. Contest between liens— From Richmond. Brown, C. J.— Both plaiut£ff and de fendant in error had issued attachment agaiost Joseph A. Crew, and each had served J. Sibly & Son’s with summons of garnishment The garnishment in favor ot Bruce & Co. was just served. Bruce & Co', after Vlurphy had obtain ed judgment on his attachment, dis missed their attachment in vacation. At the next term of the Court they were permitted, with the consent of the de fendant in attachment to reinstate tbeir case. Held, that they lost their prior ity over Murphy by dismissing the at tachment, and that they could not re gain it by ^instating their case. Judgment reversed. H. W. Hilliard for plaintiff in error, W. T. Gould, Johnson & Montgom ery for defendants in error. John J. Miller, plaintiff’ in e^or, v Mitchell, Reed & Co., defendants in error. Motion for a New Trial From Fulton. Brown, C. J.—When a party did not enter an appeal within the lime pre scribed by law, and has otherwise been guilty of negligence, a new trial will not be granted on account ofm'wiy dis covered evidence, more especially when the evidence is cumulative and tine of the witnesses, ol whom the discovery is alleged to have been niade^ gave evidence on the trial, and thc*fotber was the clerk of the party moving for the new trial at the lime of the trans action and the motion is not made for more than twelve months after the ren dition of'judgment. Judgment reversed. * * Collier & Hoyt, A. W. Hoyt. A W. Hammond & Son, for plaiutiffin error. Geo. Hi!Iyer, for defendants in error. James Dunn, plaiutiffin error, vs. Win. McNaught, et. al., defendants in er ror. Equity—From Bartow. Brown, C. J.—In this case the own ers of a farm placed a farmer upon it under contract, to set off the use of the farm against his skill and labor for five years, and the owners and tenant were to stock it on joint account and divide the profits once a year, the owners to have tbe rigiil to terminate the partner ship on six months notice, if the farm failed to pay ten per cent, profit on the capital invested: Held, That the bill and answers show that the farm has not paid ten per cent, to tbe owners on the capital advanced by them, and that the owners had a right under the con tract, to terminate the partnership by himself for the payment of thb debt or damages for which judgment- may be en tered in the cause, and it no judgment is ever entered against the principal in the cause no liability attaches tb^ the security. ' .il4 2, As Congress has the power, udder the Constitution, to establish uniform laws on the subject of bankruptcies throughout the United States; and as the act of Congress forbids the prose cution of an action against a person adjudged a bankrupt, until the ques tion of his discharge has been determ ined, and relieves him, when discharg ed, from all debts, liabilities, &c., which might have been proved against his estate; a security on an appeal in this State is no longer liable, when the principal is discharged in bankruptcy, which discharge of the principal term inates the case pending in the Slate Court against him, and prevents any judgment. The security on the appeal does not contract to pay the debt, but the judgment that may be entered in the suit then pending. Judgment affirmed. Hammond, Mynattand Wellborn for plaiutiffin error. Hill and Candler for defendant in error. Jesse L. Blalock and Jehu T. Howell, plaintiffs in error, vs.-John Phillips, defendant in error. Case—From Fayette. Brown, C. J.—Plaintiff in the Court below, sold to defendants four bales of cotton while Confederate money was the currency and had a market value, ami was to receive that currency in payment. Defendants delayed pay ment till after the Confederate, armies had surrendered, when one of them, with knowledge of the surrender, visit ed Lhe plaintiff at his residence in the country, and paid the debt in Confed erate currency, at a time when plaintiff swears he had no knowledge of the sur render: Held, I11 such case, that it is a question proper for the jury to deter mine whether defendant practiced a fraud upon plaintiff by taking advan tage of his ignorance, and misleading him and inducing him to receive tbe notes in payment when defendants knew they were in fact of no value by reason of the failure of the Confederacy. 2. If plaintiff was imlufeed by fraud to take the notes, and they had ceased to have any market value wbcu he learned the fact of tbe surrender, he was not bound to tender them back to defendant to enable him to maintain an action for the amount due him for the cotton. 3. The plaintiff in this ease, waves the tort committed by the defendant in forcibly taking the cotton from his gin house, by the form of action brought: and can only proceed for the price of the cotton. 4. The conduct of certain jurors, who, while they were charged with the case, conversed with a person not on the jury, in presence of a number of others about the case, and used expres sions favorable to the right ot the plain tiff to recover—assigning as a reason that defendant, sworn as a witness, had contradicted himself, when in fact he had no!, is highly reprehensible, and a new trial should have been granted by the Court below on that account. Ju rors should speak to no one, nor per mit any one to speak to them .about the case, while charged with its considera tion. Judgment reversed. Peeples and Stewart, for plaintiff in error. Tidwell and Fears, for defendant in error. C’uuious "Discovery in Medicine.—Dr. Humboldt, nepbew to the late illustrious German, iu his practice at Havana, has ascertained that the poison of the scorpion tribe is a remedy for yellow fever. He inoculated two thousand four hundred and seventy-eight men of the military aud na val garrison; six hundred and seventy- six afterwards caught' the fever of whom no more than sixteou died. A distinguish ed Freuchman, M. deGasperin, having heard of the facts citod by one Dr. Des- maatis, communicated to him a fact in his own experience. He had long been af flicted with rheumatism, which kept him almost constantly infirm. Oue day, iu picking up a handful of weeds iu his gar den, he was stung by a wasp on the wrist. The a^m swelled; but the rheumatic pain disappeared. Seeing this result, he caused himself to be stung the next day along the seat of pain in his leg, agd was again de livered from suffering, aud able to walk with ease. This happened three years ago, aud evary subsequent reappearance or the malady has been cured by a similar means ; and by a wasp sting on the neck, of M. de Gasper in, an attack of Bronchitis was overcome.—Exchange. The Sevinson cotton case, invoking $1,000,000, resulted in a verdict against the Government. Two hundred end thirteen thousand immigrants arrived in New York last year.

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, January 26, 1869, Image 1