Newspaper Page Text
No. 28
Vol. U.
MILLEDGEVILLE, GEORGIA, TUESDAY, JULY 13, 1869.
jyE_ ORME Sc SON,
e] )[TORS AND PROPRIETORS.
Iff.US
S;j*00 per annum, in Advance.
V 1» V
ekti
ert ion,
sing—Persquare often lines, each
I i)0. Merchants and othersfoiall
er $ 25, twenty-live per cent. off.
legal advertisiku.
. „ ar n'$.—Citationsfor lettersot ad-
• W \'r*tion .guardianship ,&c $3 00
stead notice •
1111 ^tjoutorietters of disnr’n fromadm’n
j; 0 ,ifor lettersof dism’nofguard’ll
i • atioiflor leave to sellDand
r'P‘1 Uebtors and Creditors
^ ,t hand, per square of ten lines
tersoiiai, per.sq.,ten days.
DEGISIONS
OF THE •
SUPREME COURT OP GEORGIA,
Delivered at Atlanta, June 2, ’69.
Furnished by N. J. Hammond, Supreme
Court Reporter, Expressly for the
Constitution.
' • 2 1 Each levy ot ten lines, or less..
'. ere sales of ten lines or less
*1" Sector’s sales, persq, (2 months)
* “ . ..-Foreclosure ofmortgage and oth-
Cl Vmonthly’s, ]>er square
s, thirty days
2 00
5 0o
3 50
5 00
3 00
5 00
1 50
2 50
5 00
5 00
Resolutions by Societies,
intrav notices
T -ibutes oi Respect,
11 . Ac. exceeding six lines, to be charged
L transient advertising.
•Jr’s il<s ot Land, by Administrators, Execu-
Guardians, are required by law, to be held
1 , List Tuesday in tbe month, between the
° a often in the forenoon and three in the af-
‘ . ii atthe Court-house in the county in which
^“property is situated. .
Vot* those sales must be given in a public
gazette 40 days previous to the day of sale.
' votiee for the sale of personal property must be
. • mi iu like manner 10 days previous to sale day,
ik es to debtors and creditors of au estate
also be published 40 days,
lice that application will be made to the
t of Ordinary for leave to sell land, must be
shed for two months.
anom for letters of Administration, Guar-
lashiu, &e., must be published 30days—for dis-
ksiuii from Administration, monthly six months ;
'. ijismission trom guardianship, 40 days.
Piles for foreclosure ot Mortgages must be
iiiisliP'l monthly for four months—tor establish-
,i.n. papers, for tlir full space of three months—
• compelling titles from Executors or Admims-
ivliere bond has been given by the de-
the. full space of three months. Charge,
i ir square of ten lines for each insertion,
.cations will always be continued accord
these, the legal requirements, unless
ordered.
tr it
Pa i
oth
Schedule of Macon & Augusta H. H.
Leaves Carnal;, daily, at 12.30 P. M.
Mitledgeville O.30A.M. •
Vnives at Milledgeville.- 4.20 P.M.
Camak- 9.00 A.M.
Passengersleaving Augusta or Atlanta on Day
u ^eno-er Train of Georgia Railroad will make
iose connection at Camakf or inteimediate points
' u t he above road, and also for Macon. A c. Pas-
neairersleaving Milledgevilleat 5.30, A. M.,reach
Atlanta and Augusta same day,and will make
dose connections at eitliei; place for principal
nointsin adjoining States. c .
1 J E. W .COLE, Gen 1 Supt.
Augusta, January 7,1868 4 tf
SOL TII WESTERN R. R. CO.
OFFICE, MACON,GA.,Marcli24th, 1868-
Columbus Train—Daily.
Leave Macon , '? k M
Arrive at Columbus 1 Llo A- •
Leave Columbus on p u'
Arrive at Macon b-20 P. M.
Eafaula Train*—Daily •
Leave Macon r'qn p m'
Arrive at Eufaula ‘ ort , ' «'
Leave Eufaula .' n p ‘
Arrive at Macon 4 ' 50 P ’ M /
Connecting with Albany Train at Smithinlle
Leave VI? PM
Arrive at Albany o 'U A' m'
Leave Albany ,?nn * M*
Arrive at Smithville ^ J.00 A.
Connecting with Fort Games Train at Cutliherl.
Leave Cuthbert P 5 '
Arrive at Fort Gaines pf’ \ • •
Leave Fort Gaines A. M.
Arrive at Cuthbert 9.0.> A. M.
Connecting with Central Railroad and Macon
& Western Railroad Trains at Macon, and Mont
gomery & West Point Trains at Columbus.
6 VIRGIL POWERS,
Engiueer A feuperintendeti.*
Schedule of the Georgia Railroad.
k \' AND AFTER SUNDAY, MARCH 29th
186ri, the Passenger Trains on the Georgia
Railroad will run as follows:
DAY PASSENGER TRAIN-
(Daily, Sundays excepted.)
Leave Augusta at ‘ ^ f ‘H’
“ xVtlanta at V-m o ai'
Arrive at Augusta - ,, „
“ at Atlanta 6.10 P.M.
NIGHT PASSENGER TRAIN.
Lwe Sr * m.
BERZELIA PASSENGER TRAIN.
Lua.ve Augusta at 4.30 F. il.
“ iierzeliaat 7.00 A.M.
Arrive at Augusta 8.45 A M.
•at Berzeiia 0.15 PM.
Passengers for Milledgeville,Washington and
Athens,Ga.,musttakeDay Passenger Train from
Augusta and Atlanta.
Passeugersfor West Point, Montgomery, Sel-
iua, Mobile and New Orleans must leave Augusta
on Night Passenger Train at 3.45 P. M., to make
close connections. .
Passengers for Nashville,Corinth, Grand Junc
tion , Memphis, Louisville and St. Louis can take
either train and make close connections.
Through Tickets and Baggagecheckedthrough
to the above places.
Pullman’s Palace SleepingCars on all Night
Passenger Trains. _
E. W. COLE, Gen lSuperint dt.
Augusta, March 26,1866 4 *£
iltlanta SL fUfest fPoud
HAIL HpAL.
Day Passenger Train—Outward.
Leave Atlanta 4 - 4 ~ JJ'
Arrive at West Point 9.50 P. M.
Day Passenger Train— Inward.
Leave West Point *
Arrive at Atlanta — - — 6.20 P
Sight Freight and Passenger—Outward.
Leave Atlanta 4.15 F
Arrive at West Point 11
Night Freight and Passenger Train — Inward.
Leave West Point 4.20 A. M.
Arrive at Atlanta 11.30 A. M.
O'
Wm. E. Smith, plaintiff' in error, vs.
Geo. M. Lawton, defendant in error.
Garnishment, from Dougherty,
WARNER, J.
Where an attachment had been sued
out in favor of the plaintiff, against a
defendant, who was afterwards declar
ed a bankrupt, and a niotion was made
to make the Assignee of said bankrupt
a party plaintiff in the attachment suit,
in the place and stead of the original
plaintiff iu attachment, which motion
was refused by the court:
Held, that there was no error in the
judgment of the court below in refus
ing to allow the assignee of the bank
rupt to be made a party plaintiff in the
attachment suit.
Judgment affirmed.
Strozier & Smith and D. A. Vason
for plaintiff in error.
Wright & Warren, Hines & Hobbs
for defendant in error.
Frank P. Smith, plaintiff in error, vs.
Hamlin J. Cook, defendant in error.
Contempt, from Baker.
WARNER, J.
Where a defendant had been enjoin
ed (rom removing and disposing of
certain cotton, which had been placed
in the hands of a Receiver, appointed
by the court, and afterward, the de
fendant was declared a bankrupt, and
it appeared from ihe evidence that the
defendant told'the agent of the Receiv
er, who had tbe cotton in possession,
that the plaintiff’s injunction had been
settled or disposed of, and that he had
turned over lour bales of said cotton to
his counsel in bankruptcy; when, in
tact, the injunction had not been set
tled or disposed of, but the complain
ant in the injunction bill, was still
claiming the cotton under a mortgage
lien; and when the defendant’s coun
sel in bankruptcy, with the* assent of
the defendant, took possession of said
four bales of cotton for his fees to take
the defendant through the bankrupt
court, and had sold the same :
Held, that this court wdl not control
the discretion of the court below upon
the state of facts disclosed by the re
cord, in holding that the defendant had
violated the injunction, and was in
contempt of the order and process cf
the court.
Judgment affirmed.
Vason & Davis for plaintiff in error.
Struzier & Smith for del’t in error.
1 another, and hit him, the law presumes
prima facie, that he did it with malice.
Nor does the proof that the parties had’
been friendly, and that the person
shooting, expressed regret immediate
ly afterwards, rebut the presumption.
One has no right to shoot at another,
with a loaded pistol, in sport. If he
does so, he is responsible for the-con
sequences, and the law will imply mal
ice, from the recklessness ot the act.
H. Morgan, for plaintiff'in error.
R. H. Whiteley, Sol. Gen’l, defend
ant in error.
M.
M.
M.
40 P. M.
/fharuf E of! -<~f chcdule.
office SOUTH CAROLINA R. R. CO., \
Augusta, Ga., March 25, 1868. )
O N AND AFTER SUNDAY, 29tli March,
1866, the Mai and Passenger Trains of this
ff'iad will leave and arrive at through Central
^ p pot,Georgia Railroad, as follows:
Morning Mail and Passenger 1 rain
Charleston, connecting Train for Columbia,
6outh Carolina, Charlotte Road, and Wilming
ton and Manchester Railroad.
Liave Central Depot at 5.50 A.M.
Arrive atCeutral Depot 3.30 P. M.
Night Passenger Sf Accommodation Train
^ or Charleston, connecting with Train for Co
lumbia,and withGreenville andColumbiaRail-
road:
Lsave Central Depot at 3.50 P. M.
Arrive at Central Depot at 7.00 A. M.
H. T. PEAKE,
Geueral Superintendent
William Toler, et.al., plaintiff in error,
\s. E. W. Seabrook, administrator,
etc., defendant in error. Motion to
distribute money, from Dougherty.
McCAY, J.
1. A Landlord may collect his rent
by a distress warrant, even though the
rent be payable in specifics, the value
of which is not fixed by the contract.
2. When there is a contract for rent
of real estate, it is none the less a rent
ing, that it is agreed that the tenant
may have the use of the mules, tools,
gin, and other personal properly actu
ally on the place, forming part of the
machinery for carrying on the farm,
and a distress warrant will be for the
whole sum agreed upon.
3. When there is no day fixed for
the payment of rent, but it is payable
in specifics to be made on the place,
and it is agreed that “it is to be first
taken from the same,” the rent is due
in a reasonable time after a sufficiency
of the crop, alluded to, to pay the rent,
is gathered and-ready for delivery.
4. Seciion 2263 oflrwjn’s Code, pro
tecting the crop against levy, under pro
cess against the tenant, only applies,
where the rent is a fractional part of
the crop, and not where it.is a fixed
amount.
5. The lien of the landlord, for his
rent, upon ihe crop made, is superior
to all other liens.
G. The liens, provided for by the
Act of 1S66, in favor of Landlords,
Factors, etc., upon crops, and growing
crops, attach from the date of the agree
ment, and the oldest taken is of the
highest dignity.
Judgment affirmed.
Strozier & Smith, J no. A. Davis, for
plaintiff'in error.
Hines & Hobbs, for def’t in error.
Mason Tiller, plaintiff in error, vs. D.
Spradley, agent for Green J. Jordan.
Motion for new trial, from Lee.
WARNER, J.
Where a note was given to the plain
tiff’for two hundred and twenty-five
dollars, for cotton seed for Green J.
Jordan’s plantation, anil signed J.
Spradley, Agent for Green J. Jordan:
Held, that this was a contract of
Jordan, the principal, and not ihe con
tract of Spradley, the agent, the more
especially as the evidence in the record
discloses the fact, that the agency was
made known to the payee of the note
at the time it was given, and that tbe
cotton seed was purchased for Jordan,
and not for Spradley, the agent. The
suit should have been brought against
Jordan, and not Spradley, the agent;
and the fact that Jordan filed a plea in
the case as a defendant, alleging that
the cotton seed was worthless, did not
necessarily make him a party to the
original suit against Spradley, and
there was no error in the court below
in refusing the order to make him a
party, inasmuch as Jordan was not
named as a defendant in the original
suit, and not being named a defendant
in the original suit, the filing of his plea
did not make him a defendant where no
process was prayed against him as
such. The verdict in favor of the de
fendant, Spradley, was right under the
law and the facts of the case, and
there was no error below in refusing
the motion for a new trial.
Judgment affirmed.
C. B. Wooten, W. A. Hawkins, D.
A. Vason for plaint iff in error.
Geo. Kimbrough, F. A. West, by G.
J. Wright, for defendant iu erior.
Isaac E. Bower, administrator, etc., vs.
Hamlin J. Cook. Motion to dismiss
bill ot exceptions from Dougherty
county.
McCAY, J.
1. An order of the Judge of tbe Su
perior Court directing process to issue
for the seizure and sale of the property
claimed to be subject lo a lien, under
what is called the “Steamboat law,”
is not such a judgment or decision ol
the Judge, as may be excepted to, and
brought by bill of exceptions to this
Court.
Case dismissed.
Hines & Hobbs, and B. B. Bower
for plaintiff in error.
D. A. Vason, R. Lyon, for defend
ant in error.
Jake Collier, vs. The State* Assault
with intent to murder. From Dough
erty county.
McCAY, J.
1. The charge of the Court, under
the facts of this case, was not an error.
2. If a man, shoot, with a pistol at
John Doe, ex dem. E. Grannis, vs.
Richard Roe and Samuel D. Irwin,
tenant. Ejectment, from Baker co.
McCAY. J.
It is the presumption of law that an
officer has done his duty, and his offi
cial acts will be presumed to have been
done rightly until the contrary is shown.
2. Where a deed, purporting to have
been attested by a magistrate, and du
ly recorded thereupon, was offered in
evidence, circumstances lending to
show lhat the magistrate’s name was
affixed subsequently lo ihe execution
of the deed, are evidence for the Jury,
and it is error in the Court to withhold
the deed, as not recorded.
3. If the evidence is pertinent, the
Court should leave it to the Jury, un
der his charge as to the law.
Judgment reversed.
. Vason & Davis for pi’ll’ in error.
S. D. Irwin for def’t in error.
John T. Gibson, (colored,) plaintiff’in
error, vs. The Slate of Georgia, de
fendant in error. Attempt to incite
an insurrection, from Earty county.
BROWN, C. J.
1. Penal laws, are to be construed
strictly in favorem vitae.
2. Seciion 4251, of the Code, de
clares that: Any person convicted of
the offence of insurrection, or an at
tempt at insurrection, shall be punished
with death, or if the jury recommend
to mercy, confinement in the Peniten
tiary, for a term not less 'than five, nor
more than twenty years.
Held : That this prescribes no pen
alty for the offense of an attempt to in
cite an insurrection.
Judgment reversed.
A. Hood-for plaintiff in error.
S. Wise, Parker, Solicitor General
tor the Stale.
Eugenia Clark, et. al., vs. Jeremiah
Bell. Motion to dissolve injunction
and demurrer, from Dougherty.
McCAY, J.
1. Whilst it is the settled rulfe that
bilis in Equity must be brought in a
county where one of the defendants,
against whom substantial relief is pray
ed, resides, this rule does not apply to
bills lor injunction, etc., ancillary lo
suits at laws. In such cases the Court
of Equity, of the county, where the
suit is pending, has jurisdiction lo en
join the suit at law, and also to grant
relief, as to all matters involved in
proper settlement oflhe litigation pend
ing al law.
2. When B C and I) were sued, al
law, by A, who resided in a different
county trom that in which the suit was
brought, and ihe defendants at law
filed a bill, charging lhat the suit at law
was for the recovery of the purchase
money of a tract of land lying in the
same county, which land had been
sold to the defendants at law and com
plainants in the bill by A ; and the bill
further charged, that at the time ot the
sale, the land was not in truth the prop
erly of A, but had, before inat time,
become in Equity, the property of E,
the deceased son of A, and husband ol
B, under a parol agreement, which was
partly performed, which Equitable title
had been fraudulently concealed from the
wife by A, at ^nd before the sale of the
land to her and the other complainants.
And the bill further charged, that the
land had been paid for under the pa
rol agreement by E, with certain cot
ton made on the place, which went in
to A’s hands, and by certain trust funds
in his, A’s hands, belonging to E.
Held : That the Superior Court of
the county, where the suit was pend
ing had jurisdiction.
1st. To enjoin the suit at law. 2d,
To cancel the notes and deed made at
the second sale. 3d. To decree a spe
cific performance ot the parol agree
ment, and a full settlement between
ihe parties as to all matters connected
with the land and the cotton made
thereon.
Held further : That while said Court
had no jurisdiction to decree an ac
count between A and the heirs ot D, as
lo trusts not connected with the land,
yet it might inquire how far the trust
funds had been used in the perform
ance ofthe parol agreement, and it the
case made required it so, apply them
to the extent shown by the proof, leav
ing a full and final occount as lo said
trusts to the Court having jurisdiction
of the defendants person.
3. Where A sells a tract of land to
B, C and D, taking their notes and a
mortgage on the premises for the pur
chase money, and the vendees, after
wards sell to F-, also taking notes and
a mortgage, which notes and mortgage
they place in A’s hands as collateral
security for their own debt for the land
to him, with power to A to collect, and
settle with F, and A takes the land
from F, who is insolvent, and gives up
the notes and mortgage made by F, at
a price less than the amount of the
notes, and this without the consent of
the original vendees trom him.
Held : That A can take no benefit
to himself from this arrangement with
F, and he is bound lo credit his ven
dees with the true value ofthe land, or
return it to them.
4. When the Court below sustains
an objection to a bill, for want of prop
er parlies, which does not appear to
have been adjudicated by tbe Court
below, will not be decided by this
Court, the presumption being, that the
-Court below, if proper parties were
made, would have permitted an amend
ment.
5. When, as in this case, the injunc
tion to stay proceedings at law, is the
principal object of the bill, and a tem-
i pora'rv injunction has been . granted,the
Court ought not to dissolve the injunc
tion, and permit the case at law to pro
ceed, unless it clearly appear, from the
evidence before it, that there is no case
proper, lo be submitted to a jury lor a
decree.
Vason & Davis, Hawkins & Burke,
Wright & Warren, for plaintiffs in er
ror.
B. H. Hill for defendant in error.
Daniel H. Baldwin, plaintiff in error,
vs. Archibald McRea, defendant in
m error. Motion for a new trial from
. Sumter.
BROWN, C. J.
1. When a bill was filed for a new
trial in an action of Ejectment, on the
ground that the witness, by whom the
defendant proved adverse possession
for the legal period, has since refreshed
his recollection, and will now testify
that he was mistaken as to the time
when the possession commenced, and
the bill was dismissed for want of Eq
uity, and that judgment was affirmed
in this Court. A motion for a new tri
al made at a subsequent time ofthe
Court, in the same case, on the same
ground, will not be entertained by the
Court. The question is res adjudicata.
Judgment reversed.
S. H. Hawkins, for plaintiff in er
ror.
Jas. J. Scarborough by W. A. Hawk
ins, for defendant in error.
Wm. A. Huff, plaintiff’ in error, vs. C.
A. Wright, defendant in error. Mo
tion lo set aside judgment from Sum
ter.
BROWN, C. J.
1. The second section of the 7th ar
ticle oflhe Constitution of this Stale,
as well as the act of 1S66, has chang
ed ihe relation which married women
bear to their husbands, so far as their
estates are concerned, and vests in
them all property of which they may
he possessed al the time, of- marriage,
contracted since the adoption of the
Constitution, and all property given to,
inherited, or acquired by them, since
lhat dale.
2. Under the Code, a married wo
man may, as lo her seperaie estate,
contracL and be contracted with—ex
cept as to contracts of suretyship, etc.,
and may, if she have no truslee, he
sued separately as a feme sole.
3. The relation being changed as
above stated, the presumption is, when
a married woman gives her separate
note in the purchase of properly, lhat
she has a separalte estate, and that
she contracts with reference lo it. And
if suit is brought against her upon such
note, without joining her husband, and
she fails to defend by showing good
cause, the judgment binds her separate
property, and will not he seL aside on
motion, because of the non-joinder of
her husband.
Judgment reversed.
C. T. Goode, S. H. Hawkins, for
plaintiff in error.
S. C. Elam for defendant in error.
F. P. Moody and E. A. Moody, p'ain-
tift’s in error, vs. A. C Ronaldson,
defendant in error. Proceeding to
dispossess tenant, from Sumter.
BROWN, C. J,
1. Under Section 4005 of the revis
ed Code, the administrator or the de
ceased hind lord, may make the affida
vit and institute the proceedings lo dis
possess a tenant who holds over.
2. When the affidavit is made by the
administrator, a counter affidavit filed
by the tenant, that he does not hold
the premises either by lease, rent, at
will, by sufferance, or otherwise, from
said Ronaldson (the administrator) or
from any one under whom he claims
the premises, or from any one claim
ing the premises under him ; is a suf
ficient compliance with the statute ;—
and it was error in the Court to refuse
to allow the issue thus presented to be
submitted to a jury, and to order the
Sheriff ar proceed to dispossess the
tenant. #.
Judgment reversed.
Hawkins & Burke for plaintiff in er
ror.
N. A. Smith, for defendant in error.
Nicholas Wylie, plaintiff in error, vs.
Nancy Whitely and A. B. Raitord,
sheriff, defendants in error. Rule
against the Sheriff from Sumter.
BROWN, C. J.
1. Where A commenced his pro
ceeding against B, under section 4000
ofthe Code as an intruder, and B filled
a counter affidavit, which was accept
ed by the Sheriff, and returned to the
Superior Court, and an issue made up ;
and A afterwards sold the land in dis
pute. to C, who filed a bill against B,
which B answered, and set up equi
ties which entitled B to a hearing,
and C then moved to - dismiss his bill,
which was refused by the Court,which
judgment was not excepted lo.
Held : That equity having obtained
jurisdiction and control of the case,will
hold it for adjudication.
2. After a Court of Equity has taken
the control of the case, the Court of
Common Law will not entertain a rule
against the Sheriff to compel him to
place A or his vendee, C, in possession
ofthe premises in dispute, on account
of a defect in the original counter affi
davit filed by B.
Judgment affirmed.
McCay J., did not preside in this
cause.
Geo. W. Warwick, Vason & Davis,
for plaintiff in error.
W. A. Hawkins, S. H. Haw’kins, for
defendant in error.
Nathan Emanuel, plaintiff in error, vs.
Smith & Richmond, defendants in
error. Certiorari and motion to set
aside judgment, from Sumter.
BROWN, C. J.
1. When a case of garnishment is
called in its order on the docket, at the
second term ofthe Court, afier the ser
vice of the summons of garnishment,
and after final judgment against the
defendant, and the garnishee has failed
to answer, and the Court allows judg
ment, to be entered against the gar
nishee, this Court will not control the
discretion of the Court below, unless in
extraordinary cases, in refusing to set
aside such judgment, after it is signed
to allow ibe garnishee to answer.
2. It is the duty of the Court, if final
judgment has not been rendered against
the defendant, at common law, or in
attachment, lo continue the case against
the garnishee till after the rendition of
such judgment.
Judgment reversed.
Hawkins & Burke, N. A. Smith, for
plaintiff in error.
Goode & Carter, S. H. Hawkins for
delendant iu error. *
Alex. McCallers vs. F ranees II. Hai ties.
Application for dower from Wash
ington.
McCAY, J.
Where in an application for dower,
the administrator of the husband de
nies ihe widow’s rights of dower in a
particular tract of land, and sets up ti
tles in himsell'adversely to the intes
tate, it is sufficient in order to cast the
onus of proving title on the administra
tor, for the widow lo show that she is
the widow, and that her husband died
in possession of the premises.
* Judgment affirmed'.
Langmade & Evans, A. R. Wright
for plaintiff in error.
Jas. E- Hook for defendant in error.
Thos. E. Brown, plaintiff' in error, vs.
P. Happ, defendant in error. Claim,
from Washington.
WARNER, J.
Where the attorney of the parlies in
the Court below, agreed upon the stale
of facts upon which the Court below-
made its decision, but no bill of excep
tions was ever presented lo or signed
by the preceding Judge, as required
by the 4193d section of the Code.
Held : that the case was not prop
erly before this Court upon a writ of
error, as required by law', and that it
could not be heard lo correct the er
rors which it was agreed by counsel,
the Court below committed, unless the
same had been duly sanctioned and
certified by the presiding Judge, before
whom the case w'as tried.
Case dismissed.
Gilmore & Flournoy, I. L. Harris,
for plaintiff in error.
Langmade & Evans, A. R. Wright,
for defendant in error.
The ZLose, Shamrock and Thistle.
Chambers’ Journal gives the origin
oflhe nation emblems as follows :
The Rose of England.—In the early
part ofthe reign of Henry VI., about
the year 1460 a few noblemen and
gentlemen were discussing who w T as
the rightful heir to the English crown.
After a time they adjourned to the
Temple Garden, thinking they would
be more free from interruption. Scarce
ly, however, had they arrived, when
they saw Richard Plantagenet ap-
pioaching. Unwilling to continue the
conversation in his presence, a great
silence ensued. He, however, asked
them what they-had been so anxiously
talking about when he joined them,
and whether they espoused the cause
of his party, or whether that of the
usurper, Henry ot Lancaster who had
filled the throne. A false and absurd
politeness preventing their making any
reply, he added, “Since you are so re
luctant to tell your opinion by words,
tell me by signs, and let him that is ail
adherent oT the House of York pull a
white rose as I do.” Then let him
who hates ilattery, and dares to main
tain our rightful king, even in the pres
ence of his enemies, pull a red rose
with me. When Henry VII. married
Elizabeth York, the rival houses, were
blended, and the rose became the em
blem of England.
The Thistles of Scotland.—In the
reign of Malcolm I., in the year 1010,
Scotland was invaded by the Danes,
who made a descent on Aberdeenshire,
intending to take by storm Staines Cas
tle, a fortress of importance. The still
hour of midnight was selected as the
time for commenceing the attack.—
When all was ready, and there was
reasonable hope that the inmates of the
castle w'ere asleep, they commenced
their march. They advanced cautious
ly, taking off their shoes to prevent
their footsteps from being heard, They
approached the lolly tower, their hearts
beating with joyous anticipation of vic
tory. Not a sound was heard from
w'ithin. They can scarcely refrain
from exclamations ot delight, for they
have but to sw'itn across the moat and
place scaling ladders, and the castle is
theirs ! But in another moment a cry
from themselves rouses the inmates to
a sense of their danger, the guards fly
10 their posts and pursue the now
trembling Danes who fly before them.
Whence arose this sudden change of
affairs ? From a very simple cause.—
11 appears that the moat, instead of be
ing filled with water, was in reality
dried up and overgrown with thistles,
which pierced the unprotected feet
the assailants, who, tortured with pain,
forgot their cautious silence and litter
ed the cry which hail alarmed the sleep
ing inmates of the castle.
The Shamrock of Ireland.—One day
St. Patrick was [(reaching at Tara.—
He was anxious to explain the Holy
Trinity. The people failed to under
stand, and refused lo believe that here
could be three persons and yet bu t one
God. The holy man paused a mo nent
absorbed in thought,and seeing a sham
rock peeping from the green turf ex
claimed. “Do you not see in this sim
ple little wilt| (lower how three leaves
are united into one iialk ?” H>s au
dience understood without difficulty
this simple yet striking illustration, to
the inexpressible delight of St. Patrick.
From that Hay the shamrock became
the national emblem of Ireland.
Second Marriage of Birds.
It usually happens, when the male of
any species is killed during the breed
ing season, lhat the female soon pro
cures another mate. There are, most
likely, always a few unmatted birds of
both sexes, within a given range, and
through these the broken links may be
restored. Audubon or Wilson, I for
get which, tells of a pair of fish-hawks
or ospreys, that built their nests in an
ancient oak. The male was so zeal
ous in the defence of the young that it
actually attacked with beak and claw,
a person who attempted to climb into
its nest, putting his face and eyes in
great jeopardy. Arming himsell with
a heauv club, the climber felled the
gallant bird to the ground and killed
him. In the course of a few days the
female had procured another mate,—•
But naturally enough, the step-father
showed none of the spirit and pluck in
defence of the brood lhat Uad been dis
played by the original parent.
When danger was nigh, he was seen
afar off, sailing around in placid uncon
cern.
It is generally known that when eith
er the wild turkey or domestic turkey
begins to lay, and afterwards to set and
rear the brood, she secludes herself
from the male, who then, very sensi
bly males with others of his sex, and
betakes himself to haunts of his own
till male and female both young and
old, meet again on common gtound,
late in the fall. But rob the setting
bird of her egg3, or rob her of her ten
der young, and she immediately sots
out in quest of a male, who is no lag
gard when he hears her call. 'Jhe
same is true ot ducks and other acqual-
ic fowls. The propagating instinct is
strong, and surmounts all ordinary dif
ficulties. No doubt the widowhood I
had caused in the case of the wood
peckers was ot-short duration, and
chance brought, or the widow drumm
ed up, some forlorn male, who was not
dismayed by the prospect of having a
large family of half-grown birds on his
hands al the outset.
1 have seen a tine cock robin paying
assidious addiesses to a female bird as
late as the middle of July ; and I have
no doubt that his intentions were hon
orable. I watched the pair for halt an
hour. The hen l took it, was in the
market for the second lime that season,
but the cock, from his bright, unladed
plumage, looked like a new arrival,—
The hen resented every advance of
the male. In vain he strutted around
her and displayed his fine feathers;
every now and then she would make
at him iu the most spiteful manner.—
He followed her to the ground, poured
into her ear a fine half-suppressed war
ble, offered her a worm, flew back to
the tree again with a great spread of
plumage, hopped around heron the
branches, chirruped, chattered, flew
gallantly at an intruder, and was buck
in an instant al her side. No use—she
cut him short al every turn. The de-
nouinent I cannot relate, as the artful
bird, followed by her ardent suitor,
soon flew away beyond my sight. It
may not be rash to conclude, however,
that she held out no longer than was
prudent- On the whole, there seems
lo be a system of woman’s rights pre
vailing among the birds, which con
templated from the standpoint ofthe
male, is quite admirable, in almost
all cases of joint interest, the female
bird is the most active.—John Bur
roughs in June Atlantic.
[From the New York Tribune.]
Discovery of ihe Infernal Regions in South
America.
Lama, May 28, 1869.
In my last letter I mentioned the ex
traordinary phenomenon, near Locum-
ba, which causes the death of all ani
mals that approach the fatal spot. I
am enabled to give you some particu
lars. An American gentleman, who
passed over the locality, confirms the
previous .reports. On the Locumba
Road, about 22 leagues from Tacna,
there exists what is here termed a dry
arroyo, but in tact is the bed of a for-
jner river, into which, from time im
memorial, no water lias been known to
pass. During the late earthquake,
which destroyed Arica and partly
Tacna, the shocks were strongest in
the neighborhood of Locumba and the
Arrieros.
A mule driver reported that one of
the mountains near the arroyo had been
split open, and a small stream ot fetid
water was oozing out of the mountain
into the arroyo. No attention was at
first paid lo the fact, nor the mortality
among the animals lhat visited the
neighborhood. It was only when the
people began to leave Tacna and flee
from the scourge of the yellow fever,
which was devastating the cities, to the
valley of Locumba, that they became
aware of the fatal effects upon their
animals, al a distance as much as eight
and ten miles from the arroyo. “The
stench,” says my informant, “I can
compare to nothing else than old bilge
water, of the smell of which you be
come painfully conscious.”
“Within twelve miles from its source
my horse dropped down trom under
me, and in five minutes he was dead.
He vomited three or four limes a thick,
black substance, similar in consistency
and appearance lo the black vomit. I
was thus lett to walk fifteen miles to
the nearest house, two-thirds of which
I may call a mules’ graveyard, so thick
ly was the old road covered with them.
The cause of this singular freak of na
ture is unknown ; but it seems that the
gases which have impregnated the at
mosphere produced the vomit and
death of the animals that inhale it.—
What the gases are composed of, sci
ence alone can solve.” A commission
has been ordered by the Government
to examine into this extraordinary mat
ter and report upon it.
Useful Information.—The Peters
burg (Va.) Index has learned, in a con
versation with an old gentleman of that
city, that for several years past he had
kept his house free from cockroaches
and other vermin, by the use of Epsom
Salts. Scattered freely through ihe
holes which the\' enter, these ugly vis
itants will seek other homes, and as
sures us also that a strong solution of
Salts, applied externally to horses,
will save them from annoyance bv
flies; and that where mirrors, picture
frames, &c., have been rubbed with
the solution, the flies will refuse to
light.
As a preventive against bed-bugs or
fleas, the same reined}' will be found
of great service; but a more effectual
one is the recently discovered carbolic
acid or carbolic soap. Animals wash
ed with this solution will be forever
free from insects.
Perpetual freedom from rats and
mice may also be obtained by the use
of this carbolic acid or soap ; but as
this is not always at hand, our old
friend assures us that kerosene oil
poured into rat holes, or rags saturated
with kerosene, will banish rats and mice
effectually.
He has used these antidotes for
years, and is fully convinced of their
value. They are, at least, simple and
cheap, and may be tried.
A school-teacher was endeavoring to im»
press upon her scholars the terrible effects
of the punishment of Nebuchadnezzar.
She told them that for seven years he ate
grass like a cow. Just then a small boy
asked : “Did he give milk V’
A man at Augnsta, Maiue, owns a pig
which was assessed last year at $500.
