Newspaper Page Text
THE DAILY SUN.
Wzdxbhut Morning Skttbmbeb 6.
JTrw Aftcerfireoiml* nhruyn fu\m<l
on Pint Page ; Local and fiutineu Xotum
on Fourth Page.
CITY AFFAIRS.
Kimbro k Bin yon, nn*«r Odd Fallow*'
Hall, Marietta sSrss*. haw* on band a flue
1 Orat’s Olothin*, Hats, Ac.
aeptfl-lt
MAYOR'* COURT.
I Kawiady k Morrow,
ialMatad in the
o took at *o ad-
Ssq., advertises in tbia
of the wort deair-
in the city tor rent,
by aufl or in person. It
ia the cttf for • country
J22±sr?sz. , sz
did attain, and ar* bound to attract the
attention of travels* 1
porpose of a sloepiog oar at night anil a
■oat hunuriona passenger coach by day.
They ran through to Bnnchrille.
W.3 ,j«.rara +L*.
We aak attention to the ad'
of tbia new firm. The gentlemen oompos-
te* Stores heretofore been members of
the Arm of Fleming, Staples k Co., wide
ly known in Oeoigia. They were both
Confederate soldier* in the late war, and
aerred till anrraodennAnt the alone They
hage the beat of refeiencca and are high
W endorsed.
'^thaaU night waafall and “8tiU
Water* Ban Deep" waa well rendered by
Templeton’* Thonpe. It wne * nay flat
tering and satisfactory beginning. The
anaaaMrill nn’doubAw a brilliant one.
: “Jgato Lynne" will l>e performed to
night, concluding with “All the World’*
Some little negro children
a noiee in an old houae, of
which Mr. O’Shield* had obarge, and in
making them get oat one little wench
“ant" him *o that he very nahually
riagt her orer. For thia he was aim
a long list of nigger bebie* brought np
to Um the book, end swear to anything
they imagined. The oeae waa eo ridion-
Iotm, and the investigation had eo much
of the appearance of e caricature of •
Court of Justloe, that the Judge dismiss
ed It in grand disgust.
nan Ira played is the city, if the Court
know* herself. Sereral negroes were np
for creating a diaturbanoo by playing this
game, and gave the excuse that the city
Marshal had given them the privilege.—
This did not go well with the Court, end
they had to pay the costs. How ia this?
a oontwomd case
as put down for this morning, the wit-
vises being absent.
Aaase of a small boy who had dis
obeyed his parents, and thereby got into
trouts)*, was np. He waa so small and hi*
offense so insignificant that be was let off
This was too good an opportunity to let
slip without a lecture ; although Lowry
is aot much given to such things, still he
thought parents sometimes required too
mods of their children. He thought a
child had some right* which a father was
bound to respect, and rose up and re
peated the little story of Ossa by Anchor,
to show how sometimes the old man might
ovea do the thing in the way of requests.
Amid the profoundeet silence Lowry rose
up and spoke:
The boy blood on tho burning deck*
There l»u't any doubt;
And yet who mw him on the wreck ?
Who really heard him ehont i
District Cenrt.
This Court mot yesterday morning, hut
tuasaaszsssz
Court, which involved the existence of
tho DiaWet Coast Aa will bo seen from
the proceedings of the Supreme Court
in this morning’s Son, that hotly has de
cided that this Court was established ac
cording to law, and therefore its acts are
legal.
Urnad Uan(,atl at Madl.on.
To-morrow (Thursday) night at 81
o’clock, there will be a grand Isuiquet at
Foater’s Hall, in the city of Madison.
The following arc the committees:
Ol Arrangements -Col. J. G. McHenry,
Dr. N. B. Atkinson, Dr. G. B. Knight
Msj, Wra. WoixIh.
Of levitation—J. C. Anderson, R. ft,
Thurmond, 8. 8. Floyd, I. W. Walker,
Seal mm Becao, W. H. Crawford.
Floor Committee—W. 8. McHenry,
A. l’oullain, A. W. Foster.
daily ratfcKKuisus or iwa an.
prbmr court.
Atlanta, Ga., Sept 5,1871.
After the delivery of minion* argu
ment of No 16—Macon Circuit—O. A
Houser u Watoay Hooaar and William
Braneoa— 1 was oosrahrded.
No*. 17 aad M having been heretofore
argued, the Oonrt went back to No. Iff
It je fl^saelP. palter v*. John Howard-
Case from Houston.
Poe, HaU and Pas, 8. D. Kitten, for
A- 8. Giles, Nisbett* k Jackson, contra.
Pending tba argumeot of this ease, the
Court edjoaraed till 10 o’clock, a. m., to
morrow.
Trada RevUw.
Trade to-day has been good. Orders
trow country msrehsnts begin to come
ia, aad busiasas is eoaaidarably iss-
There ts ao ahange ia price* from our
Stock* of provisions are adequate to
tbeii*««.//o < i a^HOJ
The grain market la well regulated,
aad a full supply of all kiade Is ia (tore.
Dealers ia Boots, Shies, aad Hats, and
some Dry Goods, are receiving dint in-
voieWaf the tall stock*. ** '
Prioes generally, are moderate, and as
ia therptoag Sad*.prat ranis exhibited
ia purchasing, and no disposition la
■howMp nwdO' the thing by atottiug
the market.
| y—
T*M SOO0IKKX rniAlg OOLUOR,
at Taflfsif*^ opeped daring the
week, and already mabele eighty-I
pupil* Thttiaeeminly very e
*“*• C k 1 w Fv»P«<* Dr »
undcr ibc aide supwhntcadeooe of
dent Sax, gives the grsstfct rati
to all patrons
Ttopiwntoi are Mow Said in the]
Oolleg* Botijtng. ~
J raf^. aijpa’s acaooL.
Business was decidedly dull yesterday,
a* only three eesee were up. Everybody
looked pleased at this falling off in crime,
except tho presiding officer, who raid,
“Oh I it is pitiful,
That in a whole city full
Duly three caaes are found.
The Unit case of the throe which at
traded attention waa that of
i old l
Would he have stood end rotated there
With Jolly boat* ao near,
And bragged about hie fierce despair,
Nor walked off on hie eart
Why not give one Rood roar for oars ?
Aaaall hia |« for aeil
To weft him ecroaa the flashing shores T
Why stay aboard umI well ?
Bit pow-wow with hia father 1
Regard m tempting fide;
If he declined to early die,
Why May there and dilate?
" Pa, can't you apeak—a little piece ?
Juat try a sueese or cough,
lly nearest kin, kin you release,
Or ire you, father, off?"
And while hia father alrpt bolow,
Tho^boy he never atirred;
who never "go"
it the word.”
He called aloud, "Am I allowed
Tour leave to leave: Yout son
Stands Arc, you know, but don't you crowd
The thing: I’m toasted doue.
n Of eourno I'll do wltat you desire,
If you're laid ou the abelf ;
1 burn with ardor-but Huh Are!
ToU know how *tia youraolf.
“ Apeak* father, 1 would l>o released!
I Hat your loving tonea.”
He knew uot that hia )«, dcceasod,
Ilad gouo to Davy Jones.
Upon hia brow he fqjt the host.
Yet atfHKl acrenc aud calm,
'With or *
Like
The yards and spars did burn and snap
All lu the wildest way;
left the chap,
Thar* came M bunting thunder j»eal—
Good drachma! Pretty mnui
Bor, ah ip, and anchor, dag and keel,
WOMt up la a balloon.
Aad when thia Round bunt o'er the aide,
The boy I oh, where was he?
Aak of the wind#, for none beside
Stayed long enough to aeo.
t and helm and pennon lair,
Tliiv settled tho t>U8ine.ss for tho ilnv.
Tho crowd was convinced, and the Court
retired amidst a polling shower of lx>-
qasta.
SI/UKKMK COURT DECISIONS.
.September 5, 1871.
Willis Wood ot al., vs. A. B. ltoss,
Adm'r. Motion for now trial.
OCHRANE, C. J.
t When in a trial in the conrt below* the
right of certain claimants to property
was predicated upon their rights as
grand-children of the deceased, and
there were several witnesses examined as
to their paternity, and the evidence sup
ports the verdict of the jury, and no rule
of law waa violated iu submitting the
ease to the jury, and the judge below re
fused a new tnn), this Court will not in
terfere to set aside the judgment of the
Court
When s motion for a new trial on the
ground of newly discovered evidence was
overruled by the oourt below, and the
cvidanc* does not accompany the motion,
and the character of the evidenoe sng*
il by the movaut is cumulative,
ly, it is not error in the oourt below
to refuse a new trial
Jodgment affirmed.
let -A. Nutting et al., vs. J. M.
an et al. Joinder of i>arties.
.NE, C. J.
a bill waa fifed by the heirs at
m against the administrator and the
to whom he had told railroad
ipertv of the estate, to recover
stock, which had been aold by
inistrator without an order of
of Oniinaiy, aud thenartiee
the purchasers and defend
'd! the bill, and in their
»d that the securities of the
be made parties to the
which answers demurrer was
fifed and sastsi nad, and the Court dis-
aisQr nfehn, ow Hcmdmj, ax.d this m and
■■ ya f»mimbg an- kfesw»itfes weee bound torvapoadfor
wwiMei aaU. Thk hi AWhfely aw* any devastavit by the administrator of
cowragiag, and Prof. Haihfeasi owes ffc* mm* ol the estate, to the bain al
■*ina*rrail tkJMMMA mMmJA *' ** creditors of said estate. But in
■■ 1 toaSon bnmght by the heirs at few,
Vougyinmoowi oawben ■»- or bill fifed by them, to recover back
teen, and wfll feariMyMwiifciHfe property aold ittegalty by the adminis-
next ten days. ttah*. tnm tbe puitsbasera, the securities
Accommodations are sufficient foy
hundred axA tieJtjwa scboiifV
Um friends of the institntiqg predict that
number, before tme vwifek Apiffealioas
era made daily for silurimtrn by those
who live outside o( the city, m well as
those who live bare.
If the Street Committee will examine
the sidewalks on Forsyth street, they will
find something for the street hands to do.
an examination, gentleman.
on the administrator’s bond cannot he
Mdl fames thaieto at the instance of
jW> pnrohaaam.
Judgment affirmed.
Swift, Hamburger & Co. vs. A H. Powell
~~8pecnl*tion upon Chances.
LOOHBANE, J.
Where A agreed with B to deliver a
hundred bales of cotton, at twenty-one
oenta a pound, at any time within sixty
days, and B knew that A expected to pur
chase himself to fulfill his contract, and
the contract was reduced to writing, and
recited “for value received,” and tho
parties farther agreed to put up a thou
sand dollars eaeb, which they did, to
cover losses from non-compliance with
snob contract:
Held, That inasmuch os the original
contract was reduced to writing, and re
cited .1 consideration, these was sufficient
under the facts to take the contract out
of the illegality of such contract**, undci
Section 259C of the Co^le; that the thou
sand dollars put up by each party are to
lajregardcd as stipulated damages, and
that the plaintiff could recover no more
than this amount in his action.
Where the Court, upon the trial below,
from a misconception of the case, misdi
rected the juiy and admitted illegal evi
dence as to conseqmmtial damage?, hot
upon motion granted a new trial:
Held, It was no error in the Court be
low to have granted a new trial, esi>ecial-
ly ns the amount was for an amount not
authorized by law.
Judgment affirmed.
William J. Pierce, et al., vs. W. H. de-
Oraffenreid—Claim—Homestead.
McKAY, J.
Where one who was not in fact the
bead of a family applied for a homestead
as such, under the act of 18C8, and the
sumo was laid off to him, and being in
possession thereof, it was levied upon to
satisfy a ft. fa. sgainst him, and lie dying
tho homestead was claimed by his heirs
at law:
Held, It waa not error in the Court to
reject the record of the Coart of Ordina
ry, setting apart tho land as a homestead,
the claimants not pretending that they
cluimed under tho family of the deceased
In a claim ease, where the defendant is
in possession, the claimant cannot defect
tho plaintiff in ft. fa. by showing title in
a third person not a party to the record.
Judgment affirmed.
Patrick Kerwin vs. James aud Cum
mings.—Proceedings against tenant.
M cKAY, J. Where K. rented the
premises of C. by tbe month, commenc
ing ou the 7th day of May, with the un
derstanding tliut ho would occupy them
until October; and the agent of C., who
made the contract, testified that the
renting was only that the 1st October, but
there was also evidence to-wit : The re
gular receipt of the rent monthly, that
the renting might have been until the
7th: Held whether the renting was to
the 1st or the 7th, was u question of fact
for the jury, and they having found for
the plaintiff, and the Conrt having refused
a new trial, this Court will not under
the fucts set forth in the record, disturb
the judgment of the Court, refusing a
new trial.
Judgment affirmed.
E. and 8. Collins vs, A. P. and (). C.
Collins, Aeeutors.—Relief act of 1870.—
Negro consideration.
McKAY, J.
Wherein 18(>3, A. sold to B. two negro
slaves for $5000 payable in pork at one
dollar a pound, and cotton at fifty cents
pound, but no note was gireu, and soon
after $2000 was paid in pork, and after
wards A. having died, his executors after
the 1st of June, 1805, adjusted the debt
with B., fixing the amount of the debt at
$1,700, port of which was then paid, and
B’a note with 0. aa security, was taken
for the balance:
Held that this was not a mere renewal
of the old debt, so as to bring it under
the acts of 1868 and 1870, but as there
was in act no new consideration, the
consideration of the note was stiU slaves,
and it was error in the Court to charge
the jury that this was such a noration of
the contract as purged it of its negro con
sideration.
When there waH evidence on 0110 side
that the consideration of the note was the
prico of slaves, and on the other side,
that it was given for cotton, it was the
duty of the Court to charge tho jury its to
the Iaw, arising under the evidence on
both aides.
Judgment reversed,
Gertrude J. Wool folk, vs. Joseph E. Mur
ray. Homestead of Bankrupt
McKAY, j.
Where the United States Court, under
the Bankrupt act of 1867, havo acquired
jurisdiction of the estate of a bankrupt,
the State courts lose jurisdiction of all
olaims against him, except certain specific
liens, and the homestead and exemption
provisions of the Constitution of 1868 do
not create such a specific lien upon the
title, to Ins family, as may 1>c heard or
adjudicated ill tbe State courts, _
the bankruptcy proceedings. Whether
such claim is such a one us nuiy be proven
in bankruptcy before the Federal Court,
is a question for that court nlone to de
cide.
Judgment affirmed.
Laviuia Williams, ctel. vs. O. F. Adams.
Ejectment, defective record of deed.
WARNER, J.
This was an actiou of ejectment to ro-
oover a lot in the city of Macon. On tlu*
trial of tho case tho plaintiff introduced
in evidence a deed to the lot, from Mar
tha Wiliams, dated tho Uth of Murch,
1851, and recorded 7th April, 1854; also
the deed from Martlm Williams to de
fendant, dated 21st August, 1866, and re
corded the 28tb, and proved the defend
ant in }H>sscs8iou of tue laud.
The maiu question in the case turned
on the effect of the record of the prior
deed. That deed was recorded with the
names of only two of the subscribing wit-
uchmch, neither iff whom was a judicial
officer, and there vg no pnj>atc of the
deed by the others. Thero now ap
pears on the face of the deed three sub
scribing witnesses, one of whom aul>-
scribes his name as a notary public, which
the clerk failed to record w hen he record
ed the deed, and the question is whether
the record of the prior deed, on the same
appeared ou the record, was such notice
under the law* os will defeat tbe title of
the defendant as a subsequent purchaser
from Mrs. William^ The point in the
asc is, whether an irregular registration
of a deed is notio* to a subsequent pur
chaser whose deed has been regularly re
corded according to law. The Court be
low decided it was not. and ho charged
the jury; a verdict was found tor the de-
fendaul. The i4*in\iff excepted to the
charge of the tWrt, and also moved for
a new trial, on the ground of surprise
and newly disoovered evidence; that one
of the witnesses to the deed would swear
that the witness who had attested the
deed as Notary Public, subscribed his
name thereto at the time of its execution,
and that the clerk had failed so to record
it. This motion was ovennled, and the
plaiutiff excepted. The 2666d section of
the Code declares that “every deed con
veying lands shall l>e recorded iu the of-
floe of the Clerk of the Superior Court 1
of the county where the lami lies, within
one year from the date of such deed. On
failure to record within this time tbe re
cord may be made at any time thereafter,
but such deed loses its priority over a
subsequent deed from the same vendor
recorded in time and token without no
tice of the existence of the first" This
section of the Code is in substance tho
same in its legal effect as the aot of 1887.
The question in the case is whether a
prior deed from Mrs. Williamis never hav
ing been recorded within twelve months
from the date thereof, and when record
ed the record thereof did not show that
its execution had been attested as requir
ed by law, so as to admit tho same to
probate, was legal notice to the defend
ant aa a subsequent purchaser from her.
The defendant was only bound to know
what the reootd discloses, and the record
shows that the deed liad been recorded
without any lawful authority to do so.
This Conrt held, 11th Ga. R., p. 637, that
tho irregular registration of a deed was
no notice.
There wus uo error in the charge of the
Court in this case, or in refusing the
new trial. Tho newly discovered evi
dence will not alter tho evidence as it ex
isted at the timo the defendant purchas
ed tho lot.
Judgment affirmed.
P. W. Doyle and Jas. Martin, sheriff, vs.
the Trustees of the African Methodist
Church and of the Methodist Episcopal
Church South in Equity.
WARNER, J.
This is a bill filed to set aside the N ile
of a city lot in Macon, on the ground of
alleged frand by Martiu, the sheriff, and
the purchaser and also because of unfair
ness in tbe sale, the inadequacy of the
price paid for the proprety, and that the
title to the lot had not i^useed to the
purchaser. The lot was sold on the
following agreement: “The above case,”
of ter stating it, “is settled on the follow
ing terms to-wit: Tbe lot of land in
dispute shall be sold by the sheriff of
Bibb County on the 1st Tuesday in Feb-
nary next, after advertising tbe same
once a week in the Telegraph (ttul Mes-
venfcr, until the day of sale. The terms
of the sale cash ; after payment of costs
and expenses of sale, tho balance of tho
money arising from the sale, to be divid
ed equally between the Methodist Epis
copal church Boutb, and the African
church.” Signed by the counsel of both
parties, whereupon the following order
waa entered upon the minutes of the
Court “November term, 1869—ordered
that the above settlement be, and it is
liereby made tbe judgment of the Court.
On the trial of the c ause,evidence was
introduced on both sides as to the fainess
or unfairness of the sole, and as to
the conduct of the sheriff and purchaser.
The Court charged the jury that this
was not a judicial sale under execution,
and that the law of tbe State covering
judicial soles was inapplicable to said sale,
and that in a sale under this order, tbe
confirmation by tho court was necessary
to make it valid and there being no suoh
confirmation, you should set aside the
sale, and decree the deed to be given up
to be canceled, to which charge the de
fendants excepted. The jury returned a
verdict setting aside the sale and ordering
n new sale, aud further found that no
fraud was proven between the purchaser
and sheriff, bnt decreed that the deed to
Doyle be rendered up, and canceled—
The defendants moved the conrt to set
aside the verdict on the ground that it was
against law and evidence, which motion
the oourt overruled and defendants ex
cepted.
Admitting there was no frand proven
Ijetween Doyle and the sheriff, there is
sufficient evidence in the record, inde
pendent of that fact, in relation to the
sale of the property, to sustain the ver
dict. This was not a judicial sole by the
sheriff, acting in his official capacity,
even if there had been an order of the
Court ordering him to sell the property,
and authorizing him to make a title
thereto to the purchaser thereof. In
our judgment there was no error of the
Court in ordering tho property to be
sold. There was, an agreement of the
parties that the property should be sold
by B the sheriff, and the terms thereof, in
settlement of tho suit pending between
them, and that settlement was made the
judgment of the Oourt, and that is all.
The parties by agreement oould not
the appointment of the Governor, until
filled as provided bv the Constitution.—
It is immaterial whether the office bos
become vacant, or ia vacant by having
never been filled. In the latter case he
may fill it under Section 66 of the Code,
which authorizes him to appoint all offi
cers and fill all vacancies, unless other
wise prescribed by the Constitution and
laws.
It is the duty of Courts, in pa&dug up
on the constitutionality of laws, not to
pronounce against them, except in a
clear case, and to make every intendment
possible in favor of the constitutionality.
Art. 3, See. 1 and par. 3 of the Consti
tution prescribe* that “ the first meeting
of the General Assembly shall be within
ninety days after the adjournment of this
Convention, after which, it shall meet
annually on the second Wednesday in
January, or on such other day as the
General Assembly may direct;” and that
“no session of the General Assembly af
ter the second, under this Consti
tution, shall continue longer than forty
days, unless prolonged by a vote of two-
tbirds of each branch thereof.” The ses
sion of 1870 may, in a very just and pro
per sense, be the first or the second ses
sion, us provided for and specifically re
quired by this Constitution, so as to ex
clude from the two sessions, called and
extra sessions.
The session of the General Assembly
which met on the 4fch of July, 1868, more
thun ninety days after the adjournment
of the Convention, under the order of
Gen. Meade, though a legal session, was
a called, or extra, or irregular session,
and not one of the sessions contemplated
by tbe Constitution.
The session of the General Assembly
of 1870, it may be affirmed, was not a
session after the second session, under
the Constitution.
The act of October 27, 1870, to assess a
tax to pay the aalary of the District
Judge and Attorneys is sufficiently defi
nite, since from the census of 1870, the
amount due from each county can be ap
portioned, mid the tax books in the
Comptroller General's office will point
out the property to be taxed.
Lochrane, C. J., concurred.
Warner, J., dissented.
Dooal un*l Business Notloos
SUPREME COURT OF GEORGIA.
Regular Order of Business.
8. Macon 16
9. Flint 18
10. Tallapoosa
11. Atlanta 33
12. Rome 12
13. Cherokee 18
14. Northern
15. Augusta 10
16. Middle
17. Oomnlgee
18. Eastern
19. Brunswick
September 6-tf
■'‘ALEXANDER H. STEPHENS ON THE
Study op the Law.”—A 16 page pam
phlet—one of the profoundest of Mr.
Stephens’ many productions. Single
copy 15 cents ; 50 copies $5.
Address J. Henly Smith,
Manager Sun Office,
sept4-tf Atlanta, Ga.
RrmoTfll of the Synagogue.
Y’csterday the furniture ; j 1 appu
ances of the Jewish Synagogue were re
moved from Broad street to the new
building, corner of Broad and Mitchell
street.
{Jotmiar farniln Seising Alaclpnea
>
10* Gbeat Bargains.— For sale—two
. _ first-lass Engines. Apply to Porter
fer iipon the sheriff “tiionty toselj BuUeri Machinist*.
Atlanta, Aug. 22-dCt
tho property, and to convoy title thereto
to the purchaser without an order of said
Court to that effect. The judgment of
the Court confirming the settlement is
one thing. The order and judgment of
a Court ordering the sale of the property
in pursuance of that settlement, and con
veying a title thereto, is another. A very
important question, so far as the ques
tion of the purchaser is concerned under
such sole.
Whenever a Court, by its judgment,
shall order a sale of property in pursu
ance of an agreement of parties, then it
will be the duty of tho Court to see to it
that the sale has been made and the title
to tho property executed in accordance
with its order and judgment, especially
if any objection shall be made thereto by
tho parties interested. I11 view of the
facts of tho record, the verdict of the
jury Netting aside the sale of tho city
lot was right, and there was error in the
Court refusing to set tho verdict aside.
Judgment affirmed.
B. A. Thornton, Rcvcivcr, vs. T. F. Gib-
WABNER, J.
son. Question of fact for the jury.
This was an action brought by the
plaintiff as receiver of tho estate of Rals
ton against defendant, to recover
Homo $500, alleged to be due
the estate of Ralston for the renb of a
storehouse in Macon. The defendants
pleaded that At the time the storehouse
was rented, there was a co-partnership
existing between the plaiutiff in his indi
vidual capacity uud the defendant and
one Aurelius Gibson, to do business as
meichants in Macon, which partner
ship was afterwards dissolved. On tbe
trial of the cast', after the plaintiff had
closed his evidence, the defendant de
murred thereto and moved for a nonsuit,
on tbe ground that, the plaintiff's evi
dence showed the existence of a partner
ship as alleged by the defendant, at the
time the storehouse was rented. The
Court granted the nonsuit and the plain
tiff excepted
This was a demurrer to the plaintiff’s
evidence, and the question for the decis
ion of the Court upon that demurrer was
not os to the preponderance of the evi
dence in favor of the partnership, but
the question for the decision of the Oourt
was whether there was any evidence de-
ttougat dc Marseilles, at Block’
Candy Factory, jy29-tf
Nougat dc Marseilles, at Block
Candy Factory. jy‘29-tf
To Printers.
Twelve newspaper chases, suitable for
papers from 22x32 to 24x36, will be sold
cheap. Address
J. Henly Smith,
tf. Business Manager Bun.
Preuci for Sale.
Oue “Henry” Power Printing Press-
arranged for hand or steam power—bed
33X47. Tue Son is now being printed
on this press. It makes from 1000 to
1500 impressions; is strong aud easily
managed, and with steam power, is
No. 1 press. It is new, having been
worked only 6 months. Prico 81250.
The “Acme" Press works a sheet near
ly as large os the “Henry," at about the
samo speed. Is the best country news
paper press built. It is new. Both these
presses can be seen at work in The Sue
Press Hoorn. Address
A. M. Speights, Sun ofHcc.
uyiug tbe oxisteuoe of the partnership at
tne time the storehouse was rented. If
there was any evidence on which the
jury could have fonud that there was no
partnership, then they should have been
allowed to conaider aud pan iq>on that
oyidence. 15 Qa. H., p. 491. 5 Ga. B.,
p. 172.
Thornton states in his answer that
there waa a proposition made by him that
when the defendant and his brother
should come to Macon and commence
business, that he would put in 85,000, ns
a partner, to which tho defendant as
sented. There was no partnership
and thero wss to be none until
they come np to Macon and com
menced business. They never came
and there never was any partner
ship confirmed. It was error in the oonrt
to sustain the demurrer to plaintiff's evi
dence as disclosed by the record end grant
ing the nonsuit The question oi part
nership or no partnership shonld have
been submitted to the Judge under the
evidence of this ease.
Judgment reversed,
Michael Gormley, vs. J. H. Taylor, Dis
trict Attorney. Mandamus. Distriot
Courts. Vacancies. Governor’s au
thority to fill vacancies. Constitutional
law.
McKAY, J.
When the Constitution creates an office
to be filled by tile appointment of the
Governor, by the advice and consent ol ,
tiie Senate, but legislation is necessary himself, ho has continued to circulate
to carry the Constitutional provision into | the same infamous reports about the fam-
effect, and an act for this purpose is fly of hia former benefactor. Such
- «• ***
the adjournment of the Senate, the 8° in *° • community ot decent
office is vacant and may be filled by I folks.
Concordia To-nlgat.
To-night the Coneordia Association
give one of their unique entertainments.
The play is ‘ ‘Robert Macairo. ” This will
be the last entertainment by the Associa
tion in the old halL
■ RNSATION IN GRIFFIN
A D.oit Mom Hr ported Found—Ha It aot
Dead, bnt ' CMi.mtn,.”
Griffin bad a little sensation lost Friday
when a report reached town that ajournae-
man tailor named Williams had been
found dead near the Pike Couuty line.
Subsequent information revealed that
the dead man was not dead at all, but
was performing what is known as a little
possnming.
The individual first came to Griffin in
a very dilapidated and seedy condition,
and applied to Mr. Glass for work and
assistance. In the goodness of Mr. G's.
heart he gave both to Williams, who,
soon began to fell bis oats, and institu
ted a aeries of drunks, in which he gen
erally wound in the calaboose. Mr. Glass
would always pay him out, aud en
deavor to make something out ot him
The scamp sirculated reports and showed
forged tetters from his employers daughter
accepting an offer of marriage, Ac. Then
he circulated the most vile and slander-
oua reports about her. He connected
the names of Harry Johnson and W. H.
Boberts in the affair, and then fled the
city. This last was too much for Hany,
aud his friend Roberts, who went in pur
suit of tho miscreant, aud overtook him
near the line of Fike. Mr. Gloss was
along, and asked permission to “whail”
him, which was granted, and he gave
him a sound drubbing with a stiok.
The rascal fell dowu aud feigned to he
dead, in order to save himself from fur
ther injury.
We learn that since he resurrected
OOMMER.CIAIJ.
FINANCIAL AND COMMERCIAL.
Wo quote :
GnAiK-Corn by car-load 85@87( rants.
Wheat—Bed 81.50; prime white 81.60@
1.70. Oats 65@70. Bye $1.15@1.25.
Barley 81.15(0,1.25.
Bacon—Shoulders 8c; clear rib sides
9 cents; clear sides 9fc; canvassed hams
14(«,17c; bulk je lower.
Labu—Barrels life; kegs aud cans 12)
Flour—Superfine, 85.75; extra, 87.
family, 88(a8.25; fuucy, 89.
Meal, etc.—Quito an active demaud
exists, and many orders are received from
s distance. Cora meal per bushel 90c.
Bran, per cwt., 81.00.
Groceries—We quote A sugar utl41o
extra 0 14e; yellow C 13@13|o; fair
choice crushed, powdered aud granula
ted 15jc; brown 12(a)13f. Bio coffee
17(a,19c; Java 2Gc; Luguira 20c. Mo
lasses, in barrels, 33c; hogsheads 25(ul)l ,
New Orleans prime 70c.—This style of
package is getting to be very common '
tliis market, and buyers will at once
see tho discrimination ill prices.
Liverpool salt 82.25 ; Virginia salt
82.25. Bice lOgdiUlc. Giusing 12(«22c.
Onndlcs—sperm 18c; adamantine 12i(a)
13|c. Pepper 25c. ltaee Ginger 15e.
Starch 8c. Cigars, domestic, per thou
sand S22(iji40. Teas—Green tea 81@
1.50; black 90c@1.25. Soap 6(Jtl0c.
Crackers 6@15c.
Country Produce, — Butter 20@30
eggs 15(«.25c.
Cement and Lime.—Market brisk.
Cherokee limo 55c; Chewacla 00c; by
draulic cement, per bbl., 84; James Riv
er, 84; plaster of Paris, per bbl., 8G.
Hay—Moderate. Prime clover, per
ton, 830; Tennessee, 830(jp33; Timothy,
«32(a35.
Tobacco—Low grades 55(iC0e ; com
mou, 58(qd>5 ; good, 75(^90 ; tine, 81(a
81 25, choice brands, 81 25®1 50.
Prints.—Allens, ill ; Sprague 11)
Pacific 111 ; Lancaster, 101 \ Wumsutta,
8; Merrimacs, 111; Garners, 101
Gloucester 11; Amoskegos 9J.
Hardware.—Nails—lOd to GOd 84.70
8d 84.95; Gd 85.20; 4d 84.76; 3d (6.70
finished, all grades, about 15o lower.
Iron—Swede 7c; horse shoe iron 7e
City Mills and Pittsburg bar 6c.
Live Stock.—Cattle—Tennessee, 2b
4jc; country, 2@3}c; Bheep—countiy 2
31c; Tennessee, 4c; shoata, 5(uJ>ic.
Our quotations ore made up mainly
from the hugest and most responsible
dealers iu the city, and may be relied on
os correct.
Whisky trade is dull but improving.
MARKETS 11Y TELEGRAPH
NOOK.
Nkw Yobs, Sept 5.—Cotton firm; middling up
land* 20c; Orleans 20,',; salsa 13 bales.
Pboducx—Flour 5c better. Wheat 3c better.
Corn a shade better.
PaoviaioNti—Pork steady, mesa $13 75. Lard
steady at \,c.
Turpentine quiet at 61^51> s c. ltosin quiet
$3 10£3 20 for strained.
Freights firm.
Financial—Stocks strong and very active. Gold
Arm at 13Governments dull aud steady. Money
easy at 3. Exchange—lung short ‘J*,.
London, Bept. 5 —Consols 93V Bonds 93*»
Frankfort, Sept. 5.—Bonds 97*,'.
Pabis, Sept. 5.—Rentes 57f 30c.
Liverpool. Sept. 5—noon.—Cotton opened Oriu
uplands 9.' 4 @9. , a ; Orleans 9){@9V
Eater—Cotton firm. Rales 12,000bales; for specu
lation and export 3,000.
HrcodRiuffs firm; rod winter wheat 11s Id. Com
29s 9d.
AFTEUNOON.
Nbw York, Hcpt, 6.—Cotton strong; sales 3,532
bales; uplands 20c; Orleans20*,c.
Flour—Southern steadier; common to fair extra
$5 65(0 f, GO; good to choice $5 66@$9.
Whisky steady at 93c.
Wheat lfe)2c better; winter red «c-stern $1 4<Hft
$1 46. Corn firmer at G6)i<gG7c. Rice firm
8\@»\c.
Pork heavy at $13 50@13G7V Lard quiet; kettle
93« o.
Naval stores quiet; tallow steady.
Freights active.
Money abundant at 2(^3; discounts 6(<ji7; sterling
8\@8J* for primo hank; 9' 4 for sight. Gold 13} 4 (t}
Governments steady. State bonds active
Tennessee* firm; new South Carolina* strong; Lou-
isians Levees of *83 sold for 85; Tennessee* 74,
74; Virginias C3; new 70; Louisiana* 05, uow
levee* 71; 8s 82; Alabama* 100, 5s 08; Georgias 82,
7s 91; North Carolinas 44, new 25; South Carolina#
74, new 53.
LiVEarooL, Sept. 5. — Evening.— Cotton closed
firm. Yams and fabrics at Manchester quiet aud
firm.
London, September 5—Evening.—Securities t
changed.
I/kikville, September 5.—Bagging quiet; heavy
brands held at 18<S25c.
Flour in fair demand. Corn steady.
Pork $12 50. Shoulders 6’ 4 c; aidos 7'«07 / l a 'c
Lard 9Hfel0c.
Whisky 900-910.
Cincinnati, Sept. 5.—Flour dull aud unohanged,
Corn dull and drooping at Al@69c.
Pork—holders firm at $12 37S012 50. Lard held
*t8;«09c. Bacon firm; shoulders 6 ! <o; sides 7\
®7V>.
Whisky in good demand at 90c.
Nbw Orleans, Sept. 6.—Cotton—Middlings 18>,@
I8\o. Net receipts 319; sales 1300; stock 2,531.
Charleston, Kept. 5.—Cotton—Middlings 18c.—
net receipts 65 balee; stock 8,598.
Augusta, Sept. 5.—Cotton-Middlings 18\c.—
Net receipts 40 bales; sales 100.
Savannah, September 5 —Cotton—Low middlings
Xc. Net receipts 25 bales; sales 100; stock 3,126.
Mobile, September 5.—Cotton—Middlings 18X4>
18\c. Net receipts 168 bales; gross 72; sales 125,
stock 5,814.
LATE8T.
New York, September 6.—Government bond*—
fie of 81 aud 5-20* of 62 and 67 off >»'; 81s 18.
64a, coupon, 14;%; 65* 147%; new l ; # 07s
13,V 68* 14*;; 10-40* 11*.
lUmtcl Uincone ftbucrtiscmcnis..
Georgia—Fulton County.
Fulton 8ur»toR Court—April Term, 1871.
Martha F. Utah
George A. KyaN. )
Libel for Divorce in said Court,
the Court that service of said libel be made on Mid
George a. Kyan, by publication ot thia order in any
public gazette in this State once a mouth for four
mouths, previous to the next term of thia Court.
Granted by the Court
J. M. Calhoun h Son., Plaintiff '.. Attorney.
A true Extract from the minute* of said Oourt
W. It. VENABLE. Clerk.
MARTIN INSTITUTE,
Jefferson, Jackson Co., Georgia.
IHE FALL TERM of the y
MONDAY, the 21st
Wednesday, the 16th, aa it wss announced.
We think that very few if any matitoUoits of tbs
— *- * nents equal
oi.th.
... .i .-Jiiced about
third by the endowment, and the quiet, moral
and studious bahtUof th* pupil* cannot be excelled.
Our applications front abroad are already nume
rous, aud those wishing to secure board wbl do well
immcdai.ly. For full uiturouUuc oUro
IToi J. W. GLENN. Prof. 8. P. OUR, ot
J IS. S. RANDOLPH.
su«7 wlm. Sue. Uour.1 ofTru.tea
825.00 Saved! *25.00 Saved!
PRICES AUD TEEMS OF
WILSON SHUTTLE
Sewing Machines.
UHDEBPEED NETT CASH. $10 PB MO. $5 PR MO.
No. 5, Plain Table $ 45 $ 55 tGO.
No. 0, half-ease, pin bx 50 fill c5.
No. 7. do fan'/ 63 65 70.
No. 7, Folding covet 70 80
Na. 8, Full Cabinet. 1U0 110
No. 8, Folding Cover. 120
WARRANTED FIVE YEARS BY
WILSON SEWING MACHINE CO
as durable, made of as good material aa any Machine
in the world, and that it will do as elegant work.
W. H. GRIFFIN. Gen. Agent,
32 Peachtree Street, Atlanta, Ga.
CITY
FLOURING MILLS,
dTLimi, OKOHBWjt.
If all tilings are equal, why not putra
ize home manufacture i
I HAVE furnished my Mills throughout with NEW
and IMPROVED MACHINERY, aad am now
grinding new wheat, and am prepared to and will
E iarantee ovary pound of flour that 1 Hell to come
lly up to representation; otherwise, it can be ship,
ped back to me at my expense.
I am prepared to furnish the trade, in any quantity,
in sacks, half sacks or quarter sacks:
PRIDE OF DIXIE, from choke white wheat.
CITY MILLS FAMILY, from selected red wheat.
CAPITOL MILLS FAMILY.
STAR MILLS FAMILY.
BRAN, sacked or unsacked.
J. B. BATTLER, Proprietor,
augll 2m
JOHN MILLEDGE, Jr.,
ATTORNEY AT LAW.
Office in Grant’s Building, corner ot Marietta
and llrosd streets.
Practices in the Courts of tho city and county.
Tlie
I AM GLAD HE HAS COME.
’ lM
the SIwt«- of
Georgia.
I CAN now cane your chairs, aud make them look
new for tho same you will p«y for a bottom. No
charge for varnishing chairs when I cuie them, and
I warrant all
UphoMoriufi JPumilmr* Mcpmirlmg-, tie.,
to give satisfaction. Furniture covers cut, made and
a fit warranted. Hair and spring mattresses made to
order. All kinds of household furniture and ui>-
holstery done at the shortest notioe. I have re
moved to DeGive’s Opera House, under Maysnn’s
Auction Ware room, on Marietta street.
O. B. BROWN.
apl6-6m Late of Richmond. Va.
CHIC KE RIJNG
PIANOS!
TUE UNDERSIGNED BEING TUE
GENERAL STATE AGENT
For the WORLD RENOWNED
Ghickering Pianofortes
Is prepared to furnish these aduilrablo ‘instruments
from
STOCK KEPT AT 1US MUSIC STORE
• ou
DIRECT FROM THE FACTORY,
As partion may desire.
CATALOG UK HOOKS,
(Mviug PRICE, DESCRIPTION and ENGRAVING o
each style, sent, post-paid, to any party, on applica
tion.
JUanufeieturertt CertMcate and
U'arranly
ACCOMPANIES EACH INSTRUMENT.
ED WHY FAXON,
STEAM ENGINES.
fnrnish Strain
use, ot any
rpHE undersigned Is prepared to fun
X Kngtnes for Saw Mills or Plantation
aiae de Hired, of the
Most Improved Styles and Beat Makers,
the shortest notice, giving guarantee to all sold.
ON HAND FOR 8ALE ;
One 16-horse Engine and Haw Mill, complete. Has
been used sixty days.
Also—One New Portable Engine, 6-horse power.
Will be sold at a bargain.
A. MURPHY.
sag30 lm Atlanta, Ga.
HV». .IMCNfC,
Painter ms* Derosa tor,
KFIC’K .b,iv. w, o. jKk’,. Whttntull r
turns thanks to hhi old patrons for fortnei
1, and hopes by atteutioa to bust a ess to merits
inanee of the ran ap86-ly
University of JYnshvUie, Tenn.
V OUN DKD 17 8 5.
mHE CollcgUte Department and Academy open
A 4th SEPTEMBER uexL Discipline Military
Tuition, board, washing, fuel from $150 to $176 per
“ ““ '3BOOL opens 4th October. 1871.
Appfiv to e
o
500 barrels Hour; car load MoJepim-h ; Coffee : »
valuable pair of Mules and Dray : a first c'ae*
second-hand Family Carriage, tor c«sh or on
time, untU October or Novenibr ; Also. lUOcityor
mburbau vacant building lots. Tertna easy. Apply
to A. X. 8EAOO.
Cor. Forsyth and Mitohell st’s.
dAw Atlanta, 0
