Newspaper Page Text
THE DAILY SUN.
Wedubdit Morkiko AunrsT 1C,
fej- tfeuj AdvertuemenU ahnuy* found
Pn First Page i Local and Utmncu Notices
mi Fourth Pag*. •
CITY AFFAIRS.
STATIC ROAD M.I-KUMUSO*.
Arr—i of UBf. P. HotckkU®, UU Au
ditor of ike U«mu1.
Ptolluaiuurjr KibmInbUm kckrc Judge
Butte.
Adouu<la| DtrttopucaU of ituM ollty.
fioueyr Hefuuded.
•mounts only being given:
Jsimsry No. 7 irurrantpsld..
Fubruury •
March
16.881 40
.. lo.ufrt to
6,m ss
Night before hint Bcv. N. V. Hotchkiss,
lute Auditor of the State Bond, wu* ar
rested 011 a warrant issued at the instance
of Hr. McOnlia, priartpad ImaS-kceper of
the State Hoad, who has low* assisting
in the work of ferreting ont aud exposing
tbJttiitl*Uy*ktali ha* so long been go-
iqg on. Yceterdaj he was bronght be
fore Judge Bntt* for a preliminary exam
ination, which was not concluded last
evening, and will be continued to-day.
This examination will pradieldy last for
several days, as we think it likely tlmt ho
will yet bo arrested on several other war
rants, charging distinct fronds upon the
Htaie at several time*.
If we hsvo boon rightly informed tlic
charge is that he has audited, or procured
the uadi ting and payment of unjnrt or
fraudulent bill* sgsiust the State Itoml,
the proceeds of which he shared or
pocketed.
As illustrative of tho beauties of Radi
cal integrity, we may state that Hotch
kiss came here from Walton county, at
the lifgUinuig of Bullock's administra
tion, when the old faithful uSkers were
tamed out, and tho hungry cormorants
with nothing hilt Radical proclivities,
(those prodt cities are significant—a* uner
ringly tending to pccnlalion ass flesh fly
is to dataet taint) to recommend them.—
Hotchkiss was a rampant Radical and got
himself snugly ensconced in a berth affor
ding fine opportunities for pickings upon
the Stato Road carcass, while the crowd
of IMical jackals all around him were
j-fr pjnnging their teeth and claws
and gnawing Into tho vitals of the body.
He was worth but little in the way of
property—perhaj* nothing, or worse
than nothing. Wo have been told
that ha had just passed through
bankruptcy. Mow he own* a number of
Ironses and a large amount of valuable
property in this city, from the rental of
which he is deriving a handsome iuoomo.
It is impossible for him to have made all
this out of his salary as Auditor, and sup
port his family.
During tho investigation yesterday,
which took a wido range, the merchant
alluded to by us ss having been arrested
at the instance of Foster Blodgett, was in
in the court room, and his testimony
taken. He opeuly and manfully ad
mitted lire part he had acted in tho mat
ter-very much to his credit after what
ho had dona, and every one of tire vast
throng present was moved with pity
rather Uiau iadiguation. It appeared
that long ago he had endoavored to re
store the money to the State whioh he
had wrongfully obtainod, and though tho
restitution had not actually beau eon
aummated, jot tt was virtually done, as
it was set aside and hold ready for that
purpose by him, and kept in hla hands
only by the advloe of those who havo
been trying to bring all things to light.
Yesterday in the court room he paid over
to the proper oOoer about $4,000 re
aiming aoonrataly every oent ho lmd ob
tained, taking a receipt for the same.—
Hit testimony explains itself.
It had been arranged that about $05,
000 of tho binds tlm* appropriated wss
to be restored yesterday, tho $1,000 strove
alluded to being a part of it. Tho uncx
pasted arrest of Fry and Ills escape with
the bulk of this amount has prevented
the restoration of any except tho $4,000.
We understand that Foster ltlodgett
will havo a Card in ooa of the oity pa
pers this morning in vindication of him'
aaU, assarting hit inuoccnoe, Ac. We
will aot try to pre-judge his case, or de
etta upon Mi guilt or innocence before
trial, but wo imagine ii will require ranch
sUMPk uM more positive proof than
say ana can prod no*, to convince our
people that he knew nothing of the pec
ulations which were going on, when he
sms failing to pay over to the State Tress
ury fifty or sixty thousand dollars every
month, which ha aould easily havo dose,
and should have done.
From the evidence published in anoth
er column, the astounding fact appears
that the prinsipal officer* of the road
aadtrllulloek audllloJgott hat c been kept
reguUSy in office on salaries ever since
tho road was planed in the bauds of the
lassoes. Why haa Uor, Bullock dons
this? .. ■'’»
And why did he retain Foster Blodgett
and all tho other ofllrials in charge of the
Stato Road aaingle day after they fniyJ
the first time to pay Uie .arplus earnings
of the read into th* Treasury? Did he
not know tho money of tho people of
Georgia was being aqgpy/” H4. , < H Was not
this misapplication of the public money
done with his caneVau? Did he aot
share aportiqnof it? Alikina* thought*
rise up in the mind.
hrtdnfeection with this matter we here
annex a list of the payments made to H.
O. Hoyt during the past year. He was
parity, we know not what. It will be
US'
AUSUIt
Wo will only add that this list lino
never before boon published, though the
opportunity to do so has been offered to
one of oar city cotemporaries.
BinmlBMlioB of If# P. llotrkklss.
GEORGE BURNETT,
Sworn.—Examined by E. P. Howell.—
Examine thews bills.
Witness—These bills have beeu paid,
signed N. P. Hotchkiss, Auditor, £5,-
940 40. I had a conversation with Judgo
Hotchkiss shout this or a himihir hill, a
hill of tho same amount that wo Hpoko
about. The bill ho spoke to mo about
wss paid to Alexander. I stated to J udge
Hotchkiss that Mr. Aloxander had stated
that he (Judge Hotchkiss) had received a
portion of tue money, I think $800. I
asked him if he would not see Alexander
about it. He said lie would not; he
should not pay auv attention to it. Dur
ing the conversation lie said he hod got
$800, and had given half of it to Mr,Calls,
$400 or half of it. I never talked much
to Alexander uboiit it. Tho hill was bo-
four and five thousand dollars. I
thiuk that is all that passed between us
at that time. I do not know that ho
stated what he looeived the money for.-—
That conversation was about two mouths
ago. Nothing was said uboiit the time
at which tho money was paid. It was
some time previous to tho conversation.
Mr. Hotchkiss acted as Auditor of the
Stato Hoad during 1870, and previous. I
think that is his signature on that bill.—
He was acting as Auditor at that time. I
do not know if these articles have been
received by tho road. I think this is
Hotchkiss’ name (on draft).
OrotK-r.aviiinitl by (Jen. (iartrcJl.—I
think tho conversation was about two
months ago. I was employed us General
Agent of the road. My business was to
look after such mutters us I was dint*tod
to do by my superior officers. If I saw
any thing necessary to he done I was to
sec to iL ’ I received a salary. I left the
road on the first ot Junuury ufter the road
was leased. Thu conversation I have
guokeu of was at the Sasseen House,
about the 10th of Juno. McOulla was
not present at tho conversation.
Question—How came you to talk about
this matter?
Ans. —I don't remember how I camo to
go to that room- Mr. Hotchkiss and
Mr. MoCaliu were in tho room. I hud
nothing to do with the matter.
Question—How camo you to go there?
Aus.—I had heard about it from Mr.
Alexander, aud Mr. Blodgett, and Mr.
Fry, aud, probably, other parties. I do
not remember now why I went there.—
There were only myself and Mr. Hotch
kiss together when wo eame down sUirs.
I did not hear McCalla auv anything
about it. 1 huvo forgotten what conver
sation took place between McCalla und
Hotchkiss at that time, I don't remem
ber anything else said by Hotchkiss at
that time.
I do not know how many accounts Al
exander had with the road. This (exam
ining a bill] is a bill for goods sold. Al
exander hod only one account, but sever
al bills. At first I rather think he denied
raoeiving the$800. I don't remember what
he did say, whether ho actually denied it
or not. I asked him if ho was not going
to look into it, and suggested the propri
ety of so doing, if he was innocent. He
hod very little to say ubout it. That
was not tho Post-office matter. That oc
curred afterward, when I mentioned to
him that something had been said about
his collecting Poet-olfice money. That
conversation was probably a week after
ward. Judge Hotchkiss wrote mo u tut
or about that matter. I do not remem
ber ull that Hotchkiss said in thut con
versation. Ho wrote me a letter about a
week afterward, stating that 1 was mista
ken about tho mutter. Tho letter wivh
not mailed to mo tho next day after. It
AS SOMETHING AftltRADY TAW OPT.
Hotchkiss’ namo wa« on it when I got
it. I enteii-d it in the book. I dont
know that he ever told me that
THE ACCOUNT WAS POOLS.
1 have spoken to him about its Ixjicg j
bogiu, nna he /<°rer ib'-ihul it. I mean
by bogus that tho goods were never mq>-
plied to the Road, f bad a conversation
with Hotchkisa in my room in tho Ssv
l ii Ho" c. Showed him these papers
and told what I understood from other
parties. I said I understood it wus bo
gus, und that
I!oT( JJUI.vi RECEIVED FAlir OF THE MONEY.
He denied it to me just then and said he
kucw nothing about it. Couldn’t recol
lect anything about it, and said many
things were done that he was not to
blame for. He seemed disposod to shove
tho responsibility of irregularities on oth
er people. Ho denied to me that ho got
tho $800 in my room at that time.
Once Hotchkiss bronght to my office a
pile of posses and papers, which he wish
ed mo to record ns bo read them over,
without mo seeing tho inside of tho pa-
i ii-rs at all. This excited my suspicion.
Anally he left them. This particular pa
per (the one in hand) is not one of that
particular batch. Hotchkiss and Burnett
MB ut tho floor. In the afternoon I
wrote to Hotchkiss in reference to re
ports. Ho answered. He never paid mo
$100 ont of these bills. Ho paid ino $150
snd $250 for which ho holds my duo bill.
I gave him credit on my regular cosh ac
count for it Had authority for so doing.
TUB KALAItIKM OF THE SUPERINTENDENT,
TREASURER AND SUPERVISOR HAS BERN GO
ING ON SINCE THE LEASE.
SOME OP MY KOOKS HAVE KEEN ADSTKAlTED,
The regular pass-book is abstracted. I
exercise control over it; don’t know who
took it; it disappeared this morning about
tho time I was up here. When I camo
out of the rooml locked tho case in which
it wan. 1 left the room door open, as
there wus a gentleman in. When I got buck
tho case wus open and tho book gone. —
Don’t krow of my own knowledge
who got the money. I know of a settle
ment in which some was restored; it was
restored by Mr. Alexander. $3,950 was
tlit* amount restored. A number of bills,
accompanied by a draft from Mr. Hotch
kiss for hardware from a New York firm,
was presented to witness for examination.
Bills for much the same articles* amount
ing to the same sum, were presented by
Alexander. There is a probability thut
it is all tho sauio transaction. -
Mil. ALEXANDER
Sworn.—The Western A Atlantic Rail
road bought goods from us through Mr.
Fry. He wiis anxious to get money, and
he suggested to me ho could do it in a
way that was going on ull tho time—
A GENERAL SYSTEM OF MONET MAKING
on the Stato Road. He then furnished
me these items aud said—
Objected to.
Fry furnished me a list of those goods
aud 1 put them in my bills as purchases
by the State Rond. I presented tho bill
to Hotchkiss. He said ho couldn’t pay
it then but gave mo an acceptance of thir
ty days. When tho time of payment camo
the road hod passed into other hands.—
Hotchkiss mado no objection to me. My
opinion is that Fry got the money.—
Hotchkiss audited the uccount when I
presented it. llotohkiss signed tho draft
Date of account and draft are the Mime.
Question -What do you know of tlioje
other accounts ?
Answer—Am I obliged to answer that
question ?
Court- Not if it criminates you.
Witness —Don't know whether it will
criiniuute me or not. The fact is, Mr.
Fry represented to mo that it hod not
been paid, aud asked me to put in a bill
before tho Committee, aud he could col
loot it, which I did at his suggestion. -
The
$5,945 WAR PAID TWICE.
My improasiou is that draft was paid. -
These papers are all in tho same baud-
writing all mado out by tho same man.
Don’t know whether Blodgett or Mullen
tied those papers or not.
(to bk continued.)
A FllfiltCK ATTAl%t.
MAYOR'S COt'ItT.
i l itrivual Crowd for (In tin
i'fmv* LI t ily ami thu Cool
r uf Wee I
nappy-
I
W
teen that from January to December,
was paid the enormous ion ot $185,fidP
4$. We have, at present, no mean* of
kawwing wlul these heavy payments
lEt made for. They may be right, and
may not It seems to be common
ly understood that he, like Hotch-
kks, was poor when he first entered the
of the Rood; now he is a banker
hi this city, and regarded as quite
Hem it the list—the dates and
was directed to the city of Atlanta.-
Hotchkiss resided ut Marietta at that
timo, and resides there uow. 1 talked
with MoCalla that day. I mentioned to
him what Hotchkiss had stated to mo. —
X do not remember whether it was the
next clay or the day but one after that
McCalla wrote to Hotchkiss, ami Hotch
kiss wrote to me. McCalla did not
fiouy receiving any money. Mc-
Colla said that Hotchkiss had re-
ooivod money, and that ho gave u
receipt for it. McCalla said he knew
nothing about the Alexander account,
but supi>osed that the money which
Hotchkiss gave him was what lie hud col
lected on other transactions. I took my
meals at the Sassoon House at thut timo ;
Hotchkiss did But; McCalla lnmrded
there
Question.—Why did you go up there ?
Alls, 1 wus sent there to find out. 1
am not certain which of the two 1 talked
to Hotchkiss or McCalla.
Question. —Whom did you tell about
tliis conversation ?
Ans.—1 might have mentioned it a few
days afterward to
A. 1., HARRIS.
Questiou -Who else V
Alls. Mince that time 1 lmwo talked
about it. I think, to
orn*. ulodokti',
and 1 don t lvmemltertrho else. My ob
ject was to have Hotrhkias net rigid. 1
did not advise him. I had no other mu
live. Hotchkiss is no relation of mine
We wore together on the railroad u long
time. Our conversation at the Masseon
House was not about the jKmt ofllc
money. I have had no talk with McCalla
lately l don’t knowhow l came to be
summoned ns a witness. Medulla told
in*yesterday lie was going to liuvcliotch
kiss arrested, i weui with McCalla when
the warrant was issued. It wus ulxmt
hail doh| eight o'clock hint night when
the widnmt was Issued.
Redirect.—Hotchkiss
DTD NOT MENTION THE S5 0G0.
do not know that he denied or owned
to receiving tho $800. I don’t think he
«hid wlist ho got it lor. 1 don't know
that BkxigvF. got any of it. Hotchkiss
said he had nothing to do with the Alex
ander claim
Ke-croM Examination.—I never Offered
to bottle with Alexander it he would pay
me $2,000, nor if he would pay me n cer
tain sum of money. Ig .t none. Don’t
know that Blodgett got any. What I
know is from hearsay.
MR. Ml'CALLA.
Sworn—This account (examining sev
eral presented him by oouusel) was re
ported by mo in the passbook of the
state Road us "disbursement” It is
presumed to have been paid. Was re
ceipted. I record them monthly, as
Juage Hotchkiss supplies them. I was
general book keeper of the Road, sup
plied these things to bo recorded in the
passbook, and go to the credit of the
Treasurer. I first got this from Hotch
kiss tor the purpose of reoording in the
They “Lay' foi
Several nights since tho inmates of a
Oi-rlain household on street |wore
aroused by wlmt they considered the
noise of a thief climbing a fence iuto
their yard. Iu the lot was a stable uud
in the stable was u fine Kentucky race
horse. Of course every ouo was up in an
instant, and gathering up old shot guns,
pistols and whatever else iu tho way of a
weapon they could find, they lip-toed
forth to capture the supposed thief. The
apparel of the pal ly was suited to tho
son, and suporllaous articles wore not
thought of in the eager desire to get hold
of the rascal who was supposed to bo iu
the stable. They surrounded tiio stublo
and watched eagerly for tho first move
ment of the iutruder. After waiting for
nearly an hour, trembling all tho timo
with excitement and not heaving any
sound, they challenged tho party in the
lmrn, and receiving no reply, they made
a simultaneous rush upon the place, aud
captured- not a homo-thief—but “Black
Wooty,” tho stable boy. no bad been
out to soo his “chicken-pit,” and return
ing rather late, concluded to lodge iu the
stable for the balance of tho night.
Tin* gallant party returned in triumph
with their prisoner* w ithout the losa of a
drop of blood or a single man. “Wooty”
was lectured about keeping late boars and
coming homo to scare honest and gallant
folks out of their naps.
The last of this has not been heard, ami
may not lie for a long time yet
Joirph Fry.
We learn that ha is Hot a relative of
Foster Blodgett, as was stated by us yes
terday. though bo was a boarder aud an
inmate of his family. Our informant
mistaken ns to tka kinship. He has not
yet been heard from.
Stealing «o Hide thvlr Until.
Yesterday while Mr. McCalla was ab
sent from his office for a few moments
a very important book, containing evi
dence of the guilt of some of tho Stall
Road plunderers, was stoleu from where
he left it locked up. This is to be re
gretted. Why wss that book left within
the reach of any one ?
Cal. a. IrtjrStB.
fceo his card in to-day's paper. He has
really an immense stock of produce.
His Gold Dust Flour is something rare in
this market. Muj. Wm. M. Williams is
When Gibbons oiTercd us a choir yes
terday in tho crowded Court room, the
performance bod been going on for some
time. A case or two had been settled,
the “ gist” of which will be forever lost
iu these columns. The first job on baud
when wo got there was a case against
DON ALONZO ALLEN,
a very yalier and crazy negro, who wss
up for creating a disturbance. ’Louzo
was asked why ho was thus, and he re
plied that on the day mentioned he had
a right smart of fun, together with other
boys aud girla who were with him. He
was a good talker for a crazy mau, and
cume very near getting rid of liis railroad
tax; but tho Ala)or con see as far into a
millstone as the next man you meet, and
was able to talk the Don out of $10 and
the perquisites.
LEWIS khown
descended iu a direct lino from old John
Brown—whose soul is still supposed to
be inarching along. Lewis is nothing,
either, but ordinary flesh and blood, and
took a hunkering after n nice yellow girL
An empty freight car was his bower, and
tho house of his anamorita was close by
where the car was standing. While her
mother was in the garden gathering on
ions for dinner, Lewis was taking* ad
vantage of tho old woman’s absence, and
got to kissing his band at her. This was
more than Clara conld stand, and she
made a feint as though she “wonld if she
could." The situation was getting inter
esting. Lewis, from his car, iuvoked
the muses :
Clara, I love but thee alone I" thus
sighed the tender youth; “O, hear me,
then, my passions own, with trembling
lips and earnest tone. Indeed I speak
tho truth. Ho paused—the blush o'er-
spread her cheek; sho let him draw her
near; scarce for emotion could she speak,
yet did she ask, in accents meek: 'How
much money have you, dear ?’"
Just os Brown was about making an
exhibit of bis ready cash tho father of
Clara appeared on the scone, aud with
one well-directed blow of his oross-hoad
ed stiok, he knocked all tho romance out
of Brown, who flew the track and got up
and got. The Mayor enjoyed Lewis’dis
comfort to snob an extent that he told
him his soul might march on for all he
cared—provided he left $25 and costa
with Jousen before he took his departure.
JOHN ALEXANDER
refused to pay a drayman 25 cents for a
onc-horte load of water melons. He of
fered 15 cents which tho negro refused,
and Alexander showed tho City Code for
his authority. By a mistake of tho prin
ter ho was fined the costs in the case and
required to pay tho drayman his quarter.
The proof reader of tho last City Code
ought to be made to pay that fine.
ALFRED HOWARD,
a small negro boy, was up for playing
ball in the City Park lot Borne six or
eight cases for the same oflenso were put
down, but Alfred was merely made an ex
ample, and was fined $10 and costs. This
was rather stoop on Alf., but it is certain
ly necessary for tho good order and peace
of society in that neighborhood, that the
gang of idle, worthless nogroes who loiter
theru all day should bo disporsod. This
was what it was intended for. The other
cases will oomo up as noon os the police-
men who mado the arrests appear ut
Court.
NELSON SMITH
listed to \h) named John; bnt these were
so many fellows by that name in the
country that ho changed his to Nelson,
which happy idea lias no doubt relieved
him from many un ugly soraix). But
Nelson took on too much grog Monday
night, and laid down on the sidewalk to
sleep. He hod some matches in his
ixieket, and in turning over tlio friction
set them on tire. Awaking aud inhaling
the .sulphuric fumes, bo exclaimed: “Just
ns 1 expected. In li—11,|(bio) by liokey.”
A j>oliooman took him to the next door
und kept him ull night, and his Honor
made him thiuk that lie smelt that locali
ty the next morning, Ten, &e,
JOITN BLArRHTOt'K
was of good whites took, aud wliou John
son accused him ot being disorderly and
profane, lie hod too much good breeding
to deny tho charge, and asked the price
of such sport. Ho was told that tickets
tj such a show, including perquisites,
wore going red-hot at $5.
JOHN THOMPSON
with ft “ p” wns accused of being full of
milk punches; but os the charge was not
substantiated, bis case was dismissed, and
he retired amidst the applause of the as-
• scmbly
HOWARD HORTON
is tin* oldest rat in the barn, and lias Ikh u
before the Mayor so often that they know
each other on sight Yesterday an officer
had his old greasy carcass up Itccuuse he
was caught eliokiug the daylights out of
a small Isiy. Howard said the boy had
robbed bis treasury l>ox, and lie was
merely holding him until ho conld arouse
au officer somewhere. His Honor thought
that he was right, if such was really tlic
case, and was willing to book anyWly iu
catching a thief- lie didn't care whether
he held him by the throat, heels,
umbilicus or where; but then Howard
was given one day and night to decide
whether he was telling the truth or not.
WM. DBAS WELL
and comment upon, and we are glad it
has received some definite finality. The
Council may yet moke it a subject of de
bate and further legislation.
HENRY LOFTIN
got lofty Monday night, and when he
attempted to get back to the Barracks,
where ho camo from, he couldn’t make
tho connection, and found himself in
Howard Holton’s hotel about 12 o'clock.
Howard took bita to tho Callaboobc and
tho Court took him u littlu higher. It
raised him for $10.
JOHN DLALKSTOCJC,
having got hit name up, was not willing
for it to go down un honored and unsung;
and when Jansen brought the extra
charge of drunkenneas, disorderly and
discharging firearms, lie again plead
guilty. By taking the thing at whole
sale it eame cheaper, and he was only
charged $10 and coats for oil these of
fences.
EDWARD DAVIS m
is a little bit of a scrawny nigger, who
was np for disturbing tho citizens. He
has been on band before for a similar
offence, ami if the policeman or somo one
else would try a good buggy trace on him
it wonld do him moro good than all the
calabooses in tho land. Buch chaps need
a good dressing over occasionally. It
does them good, and tho community is
equally bencfltted.
AITEHPTBD Nl'RUKU.
A Man Auaalleil *at(l Dangeroualr Shot
by Tiatee Men.
About 9 o’clock, Monday night, noar
the junction of Marietta and Walton
streets, Mr. J. G. Clark, familiarly
known as “Dick Clark," a conductor on
tho Atlanta and West Point Railroad, was
attacked by Taylor and W. A. Turner,
and Charles F. Elliott, a brother-in-law
to the Turners. Mr. Clark was bit by
two bullets, one in the arm and tho oth
er through the lungs. Clark is now
lying in a very critical condition, and the
chances for bis recovery is said to be, by
his attending physicians, decidedly bad.
At an investigation of tho case lmd be
fore Juslioe Butt yesterday morning the
parties were refused bail, and committed
to jail to await tho issue of Mr* Clark’s
wounds.
Miss Minnie Turner, a sister of the
Turners, named alx>ve, and deeply
implicated in tliis murderous attempt,
woe up, and boil in her case was offered
at $2,509 until next Saturday, at which
time the parties are to have another hear
ing.
Until after that time we shall refrain
from giving further particulars of this
affair. It lias created considerable excite
ment and talk, and many rumors are
afloat as to how it oil occurred, and the
cause, etc.
As above stated Mr. Clark is very dan
gerously wounded, and but little hopes
are entertained of his recovery.
SUPIIBMK COUHT OF UEOUOIA.
MTPRKME COURT DECISIONS.
Arocirr, 15, 1H71.
W. A. IUwson v«. F, Cherry.— Motion toietnidu a
urder of diauiiaal.
LOCHUANE. C. J.
feudal*
the fuuudatiou of the auit wai given, at the
mouceminit of the mil. The death of ono of the
partiea to tha auto. The mvlvor being the oao to
whooirt the deed wai wade, would uot exclude the
plaintiff au a witucii from teitifyinji m tho caie.
aud it wai error iu the court to r«2u«o hla cvideuee,
ruder the fact* *>f tlua ea*«, we are of opiuiuii
thut defi-u-Jaut had toe poetailuo of the law. cither by
hin.B- il or L.a teiiauti aud that the Jury iuuuda^Muet
he evidt-uee lu Sodium thu i-outrury. a^«l tho Court
tired lu diuuhuiiH|{ the caao ou the ground of thu
i -!i I’uyweut of taxci under set uf October 13th,
I67i*. Judgment ruverood.
Wurr-Ul Wimberly fur ulaintih.
Ik-alu aud Giilii, fur defrudaut.
1'ijL Green, t t a), va. Slate of Georgia.- Arnault
aud Hattcry.
LOCHRANE, 0. J.
It ia uot error lu the court below to direct the
teitimony to taken down, iu a caae where the law
don not require it It 1« not error lu the Court
below to interrupt coUDiel who are lniiitaklng the
evidence to the jury, by readiug from hla notea, what
wai iworn to ou the trial. It ii uot error in th®
Court wbtu rcqueiUd by the Jury, to read over the
evidence, ai to inch point* or fact* ai the jury in
quired of ; uor 1* Much action violatiue of section
UiKJ of the code which rnakei it orror for any Jndge
of the Superior Court! of this Stato, iu suy case,
during ita progroia, or in bn charge, to exprewu or
intimate htiopiulou as to what hai or haa not beeu
proven. Presenting the truth of tho facta sworn
to to tho ju<7 ia diflorant from expreuing an opiulou
as to the fact proveu. J udgmuut ailirnud.
Wooten aud Horle, for plaintiff,
W. Harris and J A. Taylor for State.
Kirtland, Babcock auu Krouvou va. Martha Davis.
Application for Homt'idesd, appeal from ordinary.
LOCHUANE. C.J.
Upon au appeal from tho judgment of an Ordinary
setting apart a hoineitead of realty aud personalty
exemption, it ia error iu the court lielow to restrict
the jury to Bud either for or agaimt the homestead
as plotted. Th'- whole case come up by tiro appeal,
and the Court should administer thu law with regard
to its term* and proviiioui.
The act of lHfo applies to personalty, aud the wife in
making application fur exemption of personalty, ia
bound by the fraud or concealment perpetrated by
her husband, and must perform the provisions of
the act of lHC'J. Judgment reversed.
Hood St Kiddoo, lor plaintiffH.
Hubert Fialder, for uofoudant.
Jauica W. Doon vs. II. L. Graven, executor—Mo
tion for continuance.
LOCHUANE, C. J.
Where a motion for a continuance was made on tbu
ground of the impresniuu and belief of tho defendant
that no cases under the relief acta would be tried, on
account of a general announcement of the Judge to
that effect, aud tiie caao, in the opinion of the Court,
did not fall withiu *b<- provisions of the announce
ment of the Judge to that effect; and the case, iu the
opinion of the Court, did not fall within the provis-
U>u» of the announcement. Reid tbit it was not er
ror iu the Court to overrule tho motion for a contin
uance.
Where, on a trial of an Uane to ascertain whether
tho notos huod mi was given for tho purchaao money
of land, it was found affirmatively, aud a motion
was made for a new trial U> allow the defendant to
sot off his equities, arising from lossea sustained by
tho war. Held that the finding of the jury plaoea the
cine without the act of 1870, aud tho equities under
the art of 1MG8 must havo bt-on in s mio manner oc
casioned by tho plaintiff, which does not appoar In
Jenkins be made a party to the bill died by Mm.
Crimes.
Worrell it Wimburly for plalutiffs.
WARNER J
Tide was an action upon au open account The
parties entered into a written contract to cultivate a
plantation in Eari) county, for the year lbdg, ou the
terms therein rxpreaeod. The plaintiff claims that
L • did uot get his share of the crop, after deducting
exp cures, etc. After bearing tho evidcuco ou both
aides, the jury found a verdict fur the plaintiff for
155. Defendant made a motion for ^ new trial ou
tha ground tlmt tlm verdict wes contrary to tho law
and ovidenco aud weight of thu evidence. Tho
Court overruled thu rnotaou fur a now trial, aud tho
defeudaut excepted.
Held that the Jury were the proper judges of tin
evidence aud thu orudit of thu witnesses examined
ou thu trial, and this Court will not Interfere U» con
trol Um discretion of the court below, lu refusing
the motion, ou the statement ul fauts contained iu
Hood k Kiddoo for defendants.
W. A. Kawsoa vs. W. B. Thornton—lu Malty
homestead. 1
WARNER, J.
This was a bill Bled by tho plaintiff against defend
ant, to receive s dormant judgment aud have a tract
or land covered by homestead, made subject thereto,
for the payment of tue purchase money thereto, ou
the trial, motion was made to dismiss the bill on the
ground that there was uo equity in It, which would
give to a Court of equity, jurisdiction of the —-
The Court sustained tho motion aud diamisbed the
bill aud complainant excepted.
Held that thu allegation* lu th* bill do not
such a case os wiU give to a court of equity jurisdic
tion thereof, but on tho coairary, the remedy at law
_>lite, aud the ~
diiuniasiug thu bill at the trial ter
"etion.
Uuall 4 Tucker for plaintiff*.
Wimberly, GUlls.h Fel.ler for defendants.
John McK. Guuu vs. N. li. Miller - Homestead
WARNER, J.
The main question presented by the record, is
whctlu-r Miller was entitled to a homestead against
thu plaintiffs judgment, which was obtained against
KUsa Ball, who was the owner of the laud at the
rainst
Elisa R. Young, the heirs at law of Elisa Hall, the
defeudaut lu judgment who died after tho rendition
thereof. Ou the 10th of April, 18CJ, Miller applied
for aud obtained from the Ordinary of Randolph
I.
Bine Ridge Circuit
X
Wejtern “
1
3.
Sontbern "
8
4.
Albany “
19
C.
South-Western”
25
a.
Putmila M
42
7.
23
&
Macon **
16
9.
Flint “
18
10.
Tallftpoowi “ ... v • •
6
11.
Atlanta M ......
at
12.
Romo 44
12
13.
Cherokee “
18
14.
Northern 4 *
6
16.
16.
Augusta 44
Middle 44
10
1
17.
Oemulgoo “
6
18.
Eastern “
f
19.
Brunswick “
6
Friday, August 15, 1871
After delivery of opinion iu cases
argued lost week, argument of No. 43—
Michael Germ ley vs. J. H. Taylor, Dis«
trict Attorney, was concluded.
No. 2, Patoula Circuit, was then taken
up. It is B. O’Keaton vs. John B. Mil
ligan—Attachment from Early.
J. E. Bower, R. H. Clarke, for plain tiff
in error.
Sims &. Crawford, Hord & Kiddoo, for
defendants.
Fending tho argument of this caso the
Court adjourned till 10 o’clock to-mor
row.
The North Georgia Female College.
We are glad to snnonnoe tlmt Professor
Haile, whose Collegiate Inetitnte is loon
ted on Ivy Street, lma mode very exton
*iTe improvements on tho building, by
which the faeilitiea for accommodating
the pupil., and instructing tho clae.ee,
are rapidly going forward—giving the
whole place a greatly changed appear-
anoe.
Wo rejoice tlmt Professor H. is bnilding
np in this city n Female School of high
ordor, and hope it is the nucleus of a
collage of flrat-cloas standing.
Thr ConvrHtlON
Of the corporators of the unorgau
ized Railways in Ocorgia, will he held at
tho Kimball House tonjay, at 10 o’clook.
Col. Samuel Barnett, Commissioner of
thu State Agricultural Society, will ad
dress the people, ou the subjeot of Agri
culture, at the times and in the places
apecMed.
Newspapers interested in this
nounoement will please copy:
Ringgold, August 29d, Tuesday.
Trenton, Angnst 26th, Friday. •
Lu Fayette, August 20th, Saturday.
Cedar Town, August 20th, Tuesday.
Cuteraville, August BUt, Thursday.
Marietta, September 2d, Saturday.
Decatur, September Ctb, Tuesday.
kept his bar open after 12 o’clook nt
uiglit. The question camo as as to what
time saloons conld l>c o|>cucd after being
dosed at 12. There is no partkjolar taw
on tliis (mint, aud Judge Hammond do
cidod that after a saloon was cloned at
night it should not be re-opened till
daylight the next morning. Thu waa
his construction of the apirit of tho act
It give* saloon* attached to hotel* tha
privilege of keeping open for thirty min
utes before and after the arrival of traiaa,
for the heneflt, exeluaively, of traveller.,
with him. He ia ouo of our most relia-1 and no others. This is a question which I but bto friends have innaHatelita hopea
ble business men. I there has been ronriderable dtacturion I of hie reoorery.
CMUItea «r Mr. Clark.
At 2 o'clock this morning Mr. Clark,
the wounded man, waa resting easy. The
repsrt last night that he waa in a dying
oondition was incorrect He is, of
oonrae, under the inflnenee of opiate*;
LOCH HANK, C. J
Whi-roa note wm «ivon for an altorney's fee, it ia
uot competent by piwt evidence to Hupcradd new
agreements or condition* to auch written contract.
Tho note itaclf wu the bc*t evidence of what the
contract wm, and while a failure of conaiderotion in
whole, or part.iu ay be given lu evidence, uew cou-
r agreements cannot. Judgment affirmed.
et al.—Suit ou admiuistator
LOOEEUII, C. J.
bond wm given by an administrator, boariug
date January U, 1805, without tbo attention of the
Ordinary, but upon tho mlmito of the Court of Ordi
nary, of the same date, appeared an order reciting
the fact that the administrator had given bond,
with good uccuritv, and he approved the Bame a* a
8 ood bond. Held that under tho Code of this 8taie,
liis bond being by auch order of the Ordinary upon
the miuut< * approved as a good bond, it was ei
to reject it iu evidcuco ou the ground that it •
invalid, because of the absence of *uch athatut'
Judgment reversed.
Worrell for plaintiff.
M- Gillia, E. Ii. lieail for d«rcn>lauta.
Thomas Lcay va. smith Treadwell—Iu Equity.
affirmance ia conclusive upon all tho parties
merits, and the ground embraced in the motlou for
new trial, and cannot subsequently bo reviewed
t was proper to dismiss the saixc
lor want oi equuv.
The failure
diet was reudered, is no .. .
interference to set aside the verdict; but it was tho
duty of the Court to cutor such decree by an order
mine pro tone. Judgment affirmed.
DeUraffenroid k Irvin for plaintiffs.
Wooten, Walker, Harper for defendants.
George O. Mercer va. A. J. Mercer—Trover.
McKAY, J.
Where, in an actiou of trover it wm in proof
the property for which the plaintiff auod, and to
which the plaintiff showed title, wm at the ho
the defendant, though there was uo proof o
use of tho same by her. Held that this was
evidence of poMcvsion by the defendant, and it was
error iu the Uiurt to withdraw the causo from the
jury and grant a nonsuit. Judgment reversed.
Thomas J. Jones, H. Fielder, for plaintiffs.
Richard Sims for defendant.
D. II. llarrell vs. H. U. Fagau, 8horiff-Rulo v».
Sheriff, Homestead
McKAY. 4.
Tho crop made upon a rented place is subject to
tlio lieu of tho landlord for rent; aud if tho tame is
set apart under the homostead act for exemption. It
is nevertheless subject to levy and sale upon a Judg
ment for the rent, tho claim for rent being in the
nature of the purchMO money, the Coart below
ought to have directed au issue to bo made up and
tried as to whether that wm the troth of this cm®.
li it was, the Hberiff was liable for the amount of tho
crop, notwithstanding tho exemption.
Judgment reYcp»«d.
Mos<-n k Dowutng for p
E. U. Beall for defendant.
R. Garrett for uso of Raw eon, <
Relief Act of 1870.
Moray, j.
The Act of 1870, requiring affidavit that alJ legal
taxes have been paid on the claim sued,
be dismissed, is not in conflict with th
the Constitution of the Slate which declares that
i. A. Cordell et al.—
issuable do fence is not filed on oath.
WARNER, J.
I simply enter my dissent with the clork,
ground that that act violates tho Const tntion of tho
Unltod States.
H. Fielder, lor plaintiff. E. L. Douglas for dofuu
danta.
U. M.^Lowo vs. W. A. Raw son—Holier Ac* of 1870.
The Act of Oct. lit, 1870, requiring tho affidavit oi
the payment of taxes iu all pending suits on con
tracts made before the 1st of June, 1805, applies also
to usuding offsets, tli© samo being crop actions,
aud iu such actiou tho defendant ia tho name os
plaiutlff and must file the affidavit within the time
required by law.
Tho charge or the Court lu this _ _
diet of tho Jury aro sustained by the uvidonos and
the Court did not err in roftising a new trial.
Heal k Tucker for plaintiff. Witnboi !y, OlIUs A
Jno. T. Cl ark o for defemtant.
Bryant Collins va. Bright Miller.—Relief act of 1870.
Plaintiff a non-resident.
MO KAY
A promissory note givou by a ettisen of tills State
to a citizen and resident of auother State, who has
never resided here since the note was givou and
aud hM not kept the note hare, until
It la sued, |i not subject to tax ig this Htate.’andlf
suit is pending ou such note, proof of tills fort will
excuse the plaintiff, a non-rosidont, from paying tnx
Wjd^from filing the affidavit roqnirod by the act «>t
E. G. ltaifurd, for plaintiff,
Wimberly aud M. Gillis, for defendant
Elisa Weaver, v». Brinkley Llianoy- Eqmty.
MCKOY.4.
Where A bad advanced money to B to enable B to
comply with her bid atsbcrifTa sale, and A to seeqra
hiniM-lf, took ehcrilT* dped to tbo l«ud Ul himself,
agreeing that on paymout of tho uiouoy lent to-wit:
$40 with liboral tut*rest, be would make a title to B
aud B thereafter tendered the money borrowed with'
$10 interest, and A then claimed that the land wm
his own, and on bill filed by A for a specific per
formance of the agreement. The jury deolaiwd that
A should make the deed to B ou B'a payment to hhu
of $110. Held that the verdict wm illegal since $40
with legal interest wm all A waa enUUedto.
Fleming and Rutherford for plaintiff.
Hubert Fielder for defendant,
Jouos and Jetar va. 8. and C. Blocker—Hi ring the
servant of another.
WARNER, J,
It aatd by Btacketoaa. that Um retaining of another
person's servant dunug the time ha Um agreed to
eerve hla present matter, m it Is an unmanly, re it
ia au illegal act, for every mm ter haa by hit cou tract
purchased fbr a valuable consideration the service
of hi* employee for a llm 1 tod time. The invsighUng
or hiring hla aervant which induesa a breach of this
contract, fa therefore an injury to the muter, and for
that injury tho law Um given him a remedy by a
K iel action on the case. Three Blackstonc ltt.
same principal is applicable when one mau
employs a laborer to work on hia farm, and any nun
knowing of auch contract of empknment, who
entices, hires or porsuadea the laborer to leave the
services of his first employer during time for which
bo was so employed, is liable to damages.
Held that it wm error in the Coart below, iu sus
taining the demurran to the plaintiff's declaration
and dmmiaalng the same.
IL H. Powelland H Fielder for plalntifs.
i tho laud in question, aud L
county, a liorastead o
Court below decided that Mille* was entitled "to* the
homestead as against tbs plaintiff”* Judgment to
which decision the p’aintitt excepted.
Held that the Oourt below trred In holding and
deciding Miller wav entitled to a homestead ui the
land, m against the plaintiff’s Judgment, and thu
statmpent of facts contained iu tho record.
Clark, Hood k Kiddoo for plaintiffs.
1 of E. U. Worrell, vs. U. aud C.
Ordinary fur l . _
Adams.—Relief act of 1870. Affidavit that foxes
were paid.
WARNER, J.
This was an action brought by tho plaintiff npon
administrator's bond, dated bth January 1805, to
recover the amount of a debt reduoed to judgment
against thu intestate Hamuel Adams, alleging that the
which year no tax was aasussed thereon. That iu
18&1 and 1867 ho gave In agid debt at what he believ
ed to be its market value, to-wit: $1000 and paid tho
fox thereon. I hat since 1867 he did uot giveiu aud
pay fox ou tho debt, because it wm uo lougor a
solven debt aud ceased to have any market value
whatever.
' On motion of defendant's connsel tho Court dis
missed the plaintiff's action on the ground that tho
affidavit of the plaintiff was not a compliance with
tho act of 1870, whereupon the plaintiff excepted.
If I believed the act of 18th October 1870 to
be a valid constitutional act I would hold
that tbe taxes on all debts contracted prior
to June 1, i860, or on contracts in renewal
thereof should be regularly given in and paid on all
auch debts, whether solvent or not, as a condition
precodcut to entitle the plaintiff to recover on thu
doubt. It la entitled “An Act to extend the lien of
set off and recoupment, m against debts contracted
before the 1st day of Juno, 1865, aud to deny to such
debts the- aid of the oourfo until tho taxes thereon
have been paid." Thu third sectiou of the act de
clares that “In suite upon such contracts, In every
cofo the burdeu of proof showing that the foxes havo
beou duly paid, shall be upon the party plaintiff,
without plea by the defendant" The fourth section
declares that “In every trial upon a suit founded up
on any such debt or contract m described In this act
—Prowled, That said debt hM been regularly given
iu for taxes and tho taxes paid, shall be a condition
precodcut to rcoovery on the Fame, and in every tui lr
cmc, if tho 'rlbuual trying is not clearly satisfied,
that said taxes have been duly given in and paid, it
shall so find and said suit shall be dianrissed."
In view of tho condition of tho people of the State
and tho status of this particular class of debts at tho
s to hinder, obstruct and prevent tho collec
tion of all debts contracted prior to the let of Jane,
1865, and thus® in renewal thereof, aud for the ac
complishment of that purpose the aid of tho courts
said debts have been regularly given in for foxes aud
tho texts paid. That tho 4th section of the act de
clares shall be a condition precedent to a recovery
on tbe asm®. That mules uo exception ae to the
solvency or insolvency of t|io debts, but embraces all
suit* founded upon any dobt made or ooutraoted be
fore the 1st of June, 1865, or in renewal thereof.
The plaintiff in this cmc, like other honest tax
payers in the State, did not regularly uach year gi\-u
in aud pay tax on this debt, beoauae ho did not hon
estly believe it wm a solvent debt, whim ho gave in
bis taxable property. Yet the act requires
him to make an affidavit that this debt
Lm been regularly given in for taxes, aud tbo foxes
paid on it, m a condition procedout to his right to
tion of the legislature to d°. In regard t
of debu specified in the act
11 this, lu my judgmont, wm a valid oonstitutionxl
act, I would confirm tho judgment of the Couit be-
r the Court below.
, and McKAY, J.,
the ground that the act was constitutional and H o
plaintiff had complied with its requirements, m to
the payment of taxes aud filiug tho affidavit pr< -
Tlio return of the public to tbo gardens
of tho Tnillerie* was marked by os much
eudncaa os joy. Moat of tbe statue* arc
defaced or wholly destroyed. The colon
sol tiguro of Puaco, by Chaudot, is burned
by petroleum: tbo statue of Agrippina
has lost her ncad aud ber right arm;
Cybele points with tho stump of her left
arm to the missing skirt in which her
missing right arm once held sundry fruits
of tho earth, now misaiug likewise; l’ra-
dier’s Prometheus is but littlo injured,
while tlio Serpent charmer, dedicated by
Closinger to tho Prince Import*!, belong
ing to tho Jardiu Reserve, was found
literally riddled with shot, backed with
bayonets, and otherwise mutilated in the
moat disgraceful manner.
u>( u scuoa for a lUvarca Ujr Jfr«. annua
s,r amUod, Ac ana . bih wuu.1 ana.
l«W | »« >0“ Mrttau Btopcrtj therein msnUonnl.
•kouU~be i>Ue«l in th. hud, of • reoel Mr. to b. K>-
'’-art, which n done. Jenkins. •
I. kasmnd. Slot hi. bill wiminM :
. Jins u injunction u-nn Ik. n- ,
od». «o mala him ft. m di.no.iu* of th. pnm. I l ,rc *“ 1
•rtr. on,I Umt hu nota miskti»i>l ..ul of It. Th. Praia Room
COM* nfnmd th. tajuuKk / mo4l»* sas Itosr 1
aud. to mk) JmUus>. Uu aot^cjmtaa,. . (art, to A
T.cp’Ul anat ItiisInesN Notice.
OSP Surveyor*, tako notice. The
tinenl act of platting instruments and
surveying Apparatus ever manufactured,
for sale at this office. augl2 3t
Dttr “Read Thia.” I want a thorough
snd energetic business man, with a Rinnll
capital, to onguge in a profitable, perma
nent aud paying buainosa, in city. A<1-
droa*, one week, A. F. Hall, F. O. box
UW. angl5-3t
To Prlntors.
Twelve newspaper chases, suitable for
papers from 22x82 to 21x86, will bo sold
cheap. Address
J. Henlt Sitrnr,
tf. Business Manager Sen.
Pre.se. far Sale.
Ono “Henry” Power Printing Press—
armugeal tor hand or Rtcaui power—ta’d
33X47. The Sana is now being printed
on this press. It makes from 160a) to
1000 impressions; is strong aud easily
managed, aud with stcaau power, is a
No. 1 press. It is new, having bea n
worked only 6 months. Price $1266.
Tbe "Aome” Press works a sheet noau-
ly as largo as tbo “Henry,” at about tha 1
same speed. Is tbo best country news
paper press Imilt. It is uew. Both then-
be seen at work in Tna Mt s
Addreae
A. M. Sficobts, Sra office.