Below is the OCR text representation for this newspapers page.

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.