Newspaper Page Text
THE DAILY SUN.
VnwMit Mojlnhi October 1
W JVm Advertisement* ahrays found
on >VrsI Pom ; Local mdButineu Notices
on Fourth Pag*.
Ck»«f« of 0«r Swberrlptlon Price.
We oak attention to our new terms of
subscription in the first column on first
P*g*
Single t opic* of (fee San For Sale at Ike
Coaaler.
DAILY 6 Cent*
WICKLY • Cent*
UAYOK'I COl*T.
CITY AFFAIRS.
We bare in oar Retail Dry Quod*
Store the most superb and elegant stock
T ol iaMpIPrip Goods, Imccs, finbroi-
derie^ i Hosiey and general assarted
stock m Dry Goods ever before offered
•by we solicit inspertiow of oar
stock from alL
sept26-lm Chamberlin, Boynton a Co.
The largest sod most superb stock of
Tapestry, Brussels Carpets in the South,
now on exhibition at the Carpet Store of
sept36-lm Chamberlin, Boynton k Co.
OMtaa Market.
Yesterday cotton advanced a quarter »f
a cent, and the market ruled 17 cents.
A great many wagons were in town, and
the purchasers were lively.
An elegant Parlor Sait for the Fair is
•a exhibition—tn< life at home—can be
seen corner of Marietta and Peachtree
St testa. t 3t
Mr. A. K. Sago has on auction sale
this afternoon of some very valuable
property on Marietta Street, extending
to the Western and Atlantic Ilailroad
right of way; abo, many other valuable
tola Bead his advertisement.
J. J. Norman & Bro., having reopened
under Odd Fellows Hall, a general assort
ment of family supplies, solicit the pa
tronage of their old friends and custom
ers. All articles will be delivered free of
drwyage to customers. octd2t
Tke rnrhaUsa Lands. *
On the 84th instant OoL G. W. Adair
will have a great sale of 000 acres of fund
divided into small farms. The sale will
be at his office. Everybody knows this
laud, and how valuable it ia Bead the
advertisement
lfew Hal Store*
Our friend, Lewis H. Clarke, informs
ns that in a few days he will open one of
the finest assortments of hat* ever exhib
ited in Atlanta, and at prices which will
pnt to shame other houses. He is a good
business man aud generally succeeds. He
is going to oecnpy one of the new stores
in James' Bank Block, near Whitehall
crossing.
The largest and finest stock of Parlor
Furniture ever seen in Atlanta is now of
fered for sale over Kile's Store, corner
Powlitreo and Marietta Streets.
Satin, Cottaline, Brocatclle, Plush,
ltejw, Terry’s, and Hair Cloth Parlor
Saits.
Tlie most fastidious can ho suited, at
prices that canuot be duplicated in the
State nor out of' it, at retail. Manufac
tured here.
fit Atlanta Paiilor Goods Manf'by.
A man of energy, with a small capital,
to take an interest in a business that pays
fifty tier out Apply at The Sun office.
Don't send North for your Parlor Fur
niture. Select your goods at the Atlanta
Parlor Goods Manufactory. Any North
ern market duplicated, less freights. fit
At half-past eight o'cloek last oveuing
Mr. C. W. Henderson was married to
Mist Mary Clayton. The ceremony was
performed by Rev. Mr. Coley, Koetor of
St. Philips' Church, at tho lusidcncu of
Judge Clayton, tho bride’s father. At
104 o'clock the bridal purty left for Cov
ington. They were attended by several
couples of young gentlemen and ladies,
friend* ol the married pair.
We have now on hand and arc consti-
teutly receiving, an elegaut lino of fine
Drew Goods, Hosiery, Gloves, Corsets,
Skirts, Embroideries, White Goods,
Laces, Collars, Cuffs aud many other
goods needed by the ladies. Our stock
in Black, White, Colored and Morianti-
que Silks, cannot he surpassed. We also
have a flue line ol colored and white
Satina.
Oar stock is all new' and ficth All
are invited to call and ekamiuc this stock.
Lows, Douolas and Dallas,
tf. if, Whitehall street.
The old tin front tho roof offtlie City
Hall brought over #30 at auction yestcr
■r \.
(Juc house received yesterday ouo
thousand sacks of coffee.
. Atlanta markets offer the very best in'
dustman Li ia the shoe line.
“Uncle Jcema" Harris, the high Slier-
iff ot-FaHon, has returned from New
York. He looks as nice aud clcau as a
MJ. .
An thcffectnkl effort at rain yesterday
gnalijnd a very soft, balmy <i*g/ instead.
Ur. Local: In answer to rnauy inqui-
sirs concarn^g the next • meeting
of tbe Atlanta Chamber of Commerce,
the BecreUipr begs leave to state,
Uailltru Skarp—Tkc ll« lllah-Lonklng
■harp.
The Mayor don’t want to ruin every
thing at ono blow, and be is disposed to
toll the gome along until bis net is full,
and then he will close down on the whole
lot
GUILFORD COLLIER
began posting bills on a gentleman’s
bouse walls without first obtaining per
misaaion, and tbe gentleman came out
and posted after a policeman, who posted
Guilford off to Courl aud tbe Mayor
pasted over tbe wound a five dollar plas
ter, and told him to go.
BEN GOLDEN
let the golden opportunity slip for get
ting away from a policeman. Ken was
in tbe posting business along with Gail*
ford, bat as his case was not so aggrava
ted be was dismissed.
MORGAN CObQVIT
was trying to odd to the already dusty
oondition of tbe streets by hauling dirt
in a loose wagon Ixxly. Morgan is only
one in a hundred who have been guilty
of this offense, and ono which there has
been lound complaints from everybody,
and since the Muyor has taken bold of
tbe matter, this paper will enter no more
complaints.
w. b. swan
floated off on tbe bosom of time, and
landed in a ten cent bar room, where be
paddled around for a while until the
benzine began to work, and W. B. sailed
out into tbe streets where he could get
fresh air and enough of it And there
where ho was found by the policemen who
were attracted thither by the dying notes.
The Court plucked some “down” from
under his wings aud sent him on his
way.
This ended the trouble for this day.
The Court adjogrned amidst the most
solem and impresario ceremonies.
Death of ll« v. John M. Donnell, D. D.
Qn Saturday uiglit last, at half past 11
o'elock, Dr. Bonnell, of Mucon, long the
honored President of Wesleyan Female
College, died very suddenly at the Col
lege, of paralysis of the heart.
It is seldom we are called upon to re
cord tho death of ono whose loss will be
more deeply and widely felt. He has
been identified with the educational in
terests of Georgia for the lost thirty
years. For fourteen years past lie has
occupied ona of the most honorable po
sitions that can bo .conferred upon man
—that of presiding with great ability and
full satisfaction over the “ Mother of Fe
male Colleges.”
A long line of accomplished and grief-
stricken neighbors now weep over the
new-made grave of their beloved precep
tor. He had a thorough understanding
of female character, and knew how to
combine the delicacy and tenderness of a
woman with tho firmness and discipline
of a faithful preceptor—thus at once se
curing afleetion and obedience.
He entered the Georgia Conference in
1847, in the same class with ltev. Armi-
nius Wright, Pastor of the First Metho
dist Church iu this city, and was a zeal
ous, devoted minister.
The Methodists of Georgia and the
South will feel profound sorrow at tho
death of this eminent servant of the
Church.
He cumc to Georgia in early mauliood,
and iu 1847 was married to the daughter
of Col. Win. Morton, of Athcus, Go.,
who survives him.
City Trade,
There was considerable activity iu
most branches of trado, yesterday, and
the number of merehauts who visit this
city to purchase goods is iucrcusiug every
week.
We have all branches of trade repre
sented, and know that inducements ure
offered to buyers.
During the present week wo have seen
and heard of quite a number of merchants
who arc and have bcou hero laying i
their stocks of merchandise; men, too,
who have never bought here before, but
who have ulwuys gone further North.—
They are fast learning that there is nc
sense in ptussiug Atlunta, when tho in
dueements offered by our tnerchunts, all
things considered, are equal to more dis
tant markets.
Freights are so arranged that that has
but little effect upon prices.
The grocery jobbing trade is lively
enough. Most of this clans of houses
have as much as they oan do, and all this
without auy great effert to induce trade.
It seems to he seeking its natural chan
nel, and that, together with judicious so
lici tat ions, are briugiug to our market a
larger trade tbau it has ever beforo on
joyed.
Our quotations elsewhere are corrected
daily and arc reliable.
tkwt there are two reasons why the
Directors, wbA are in tho city, are puet-^ |
poning it. 1st. The President. Mej.
Crane, has not yet returned from his trip
North ia expected back in a week or so,
to gjve ua the new® Loo. Baltimore. 2nd.
Theft* has been aa wnespeoted delay ip
getting the gas fixtures ready in our hall
Fam 4) to 1 o’clock a. m. the hall ia
open, and our friends invited tn call and
take a took at it
Corner Broad and Alabama streets, old
Office Building, up stein.
M. E. Ooofeu, Soct’y
Mr. Wake Huhbell, of the firm of
Howe & Huhbell, of Cincinnati, was iu
the city yesterday, just on his way from
New Orleans. He ia a member of ono
of the moet enterprising And responsible
firms in the Queen City, being whole
sale dealers in produce and liquors.
Bov. S. E. Hale, of Weatherford,
Texas, formerly of Georgia, was in the
city yesterday, on his way home. He
represents the crops as being very good,
and the country in a very nourishing
condition. He further remarked tint
The Sun was popular in Texas.
New State Road CaUclilam.
Did any employee of tho State «Uo*d,
under Foster Blodgett, liave one or two
ear loads of coal or produce delivered to
him free of charge for freight—the same
coming from Knoxville or elsewhere in
Tennessee-—the State Hood paying con
necting roads for tlic freight due on
those lines?
Did any employee of the road receive
car loads and cargoes of corn, and per
haps other produce, from Nashville, and
perhaps other Western cities, to sell
again and speculate upon, paying no
freight npon the same—thus entering
into illegitimate competition with mer
chants, and lining his pocjpsts with the
money thus fleeced from what property
belonged to tbe people of Georgia?
Did not a number of employees
of tho road receive their coal and wood
and lumber by the car load—receiving
car load after oar load among them, free
of all charge for freight ?
Wliat editor or editors of a newspaper
or newspapers in Atlanta received a car
load or car loads of coal, free of freight ?
Why is it that one or two editors received
such favors, while some editors in the
city did not, if such was the case ?
Wliat peripetetic gentleman, way
down in Florida, had his expenses paid
and received a big salary, upon the plea
of drumming for pwttcngers for the State
Jtoad, down in the land of flowers ?
Wliat Democratic member of one of
the white-washing committees of the late
peculating Legislature had 8000 or $1,000,
or other sum of money advanced to him
by the State Road Treasurer, taking his
note therefor ? Did such a thing take
place ? If so, why was it done, and lias
that money ever been refunded ?
Wliat number of members of the late
peculating Legislature,—either Senate
or House, or both—was or were en
gaged as a Commission on the part of
the State Road w investigate claims
against the same which needed no inves
tigation -receiving high compensation
therefor in addition to their pay os
members of tho Legislature ?
Will suspected parties come forward
and answer?
Who of the officers of the State Road
had their buildings framed, their furni
ture for tlieir private residences made
and repaired at the State Road tliops by
State Road hands? Who had their pri-
ate residences and other buildings
painted with State Road paint, by State
Road painters, Ac., Ac?
We might continue these questions,
but have propounded enough for the
present. Will the class please stand up
aud Answer their catechism?
Meeting In Third Ward.
The adjourned meeting from Saturday
night in tho Third Ward, met last night,
with James Kelley in the chair, and W.
II. Bailey, Secretary.
The. meeting proceeded to elect Wm.
Gray, President; Captain G. W. Ander
son, First Vice President; Jeff. Robin-
Second Vico President; Jacob
Si>onslcr, Third Vico President; W. H.
Bailey, J. S. Holland, Treasurers, os per
manent officers.
Tho Executive Committee appointed,
(insists of George Terry, P. V. Carbine,
A. Connoly, W. A. Bonnell and F.
Shran.
Captain Whit Anderson, Jus. Kelley
and Judge Owens wero appointed from
that Ward on tho Central Executive
Committee.
The Committee appointed last Satur
day night reported tho following resolu
tions:
Whereas, It lias been deemed necessa
ry to organize the Democracy of tho
rious words with the view of unity of ac
tion iu our coming municipal election;
and whereas, wo tliiuk it advisable to fol
low tho course of tho other wards, and
contribute what we can to accomplish
tho success of our party,
Be it Resolved, That we will use all
houorublc menus to secure the election of
true aud tried Democrats that may bo
nominated by the Democracy of th<
third ward, and all the Democrats that
may be duly nominated by the other
wards of the city. Wo further pledge
ourselves to support the Democratic nom
inees for Mayor and Alderm on in the
coming municipal election. Adopted.
Speeches wore made by several gentle
men, when some one in tlic crowd espied
our old townsman and former Sheriff of
this couuty, Col. Ben Williford, now of
Douglass couuty, lie made a firstruto
speech to his old friends who had honor
ed him in former days. The Colonel
told how he come to livo in Douglass
comity. Ho said the rotten, thieving
Legislature last year tried to make two
Radical counties by cutting old Campbell
into two; but when the dice wero rattled
they shelled out two of tho beat Demo
cratic couuties iu tho Shite. This brought
down tho house.
Tho meetiug adjourned subject to tho
call of the President.
■V PUB MJB COURT.
Supreme Court of Georgia, Oct. 3, ’71
After delivery of opinion in caace here
tofore argued, argument of No. 3, Rome
Circuit—John D. iSmitli, etal, vs. P. L.
Tornley, administrator, was concluded.
No. 4 ia G. W. Featherston, ©t aL, vs
J. S. Noyes, tenant—Ejectment—Motion
for new trial from Polk. Thompson A
Turner, Wright A Featherston, R N.
Brigly for plaintiff in error? Underwood
A Rowell contra.
Pending the argument of this oose,
the Court adjourned till 10 o'clock a. m.
to-morrow.
Tho friends of tho parties who were
lately arrested in Gwinnett couuty,
brought to this city, aud lodged in jail,
iu a somewhat mysterious manner—a
notice of which has heretofore appeared
in our columns carno to this city day be
fore yesterday, gave bond for tho prisou
era, who were thereupou released. Among
those thus .summarily arrested are some
of the beat meu iu the country, who
never did any one any harm, against
whom no charge of a violation of law or
morals was ever mode. The affair has
created much indignation among the peo
ple of Gwinnett, who look upon the
whole procedure as a highhanded out
rage.
We have, so far, been unable to sift
the matter to the bottom and learn the
whole truth sufficiently to form au opin
ion of the cose, or to say who is or is not
to blame. Wo merely mention tho mat
ter os it has l>oen represented to us. We
hope before long to have all the facts and
lay them before tho readers of Tnx Sun.
SUPREME COURT DECISIONS.
October, 3, 1871.
John Tiiiyear vs. The State, Carrying
Concealed Weapons.
LOCHRANE, C. J.
Where, on the trial of a party, charged
with a violation of the 4454 section of
tli© Code, the Judges charge to the jury
was in effect that army rej>eatcrs having
taken the place of horseman’s pistols,
they were to be regarded within the
coptions of the Statute, while used by
parties on horseback, and the jury found
the defendant guilty, and he made u mo
tion for a new trial, which was overruled.
Held: That the charge of the Judge
was as favorable to the prisoner as the
construction of the law could warraut.
Horseman’s pistols, excepted in the
Code, having gone into disuse, aud a
pistol, known as the army repeater, or
navy repeater, having taken their place,
if the latter was worn by parties on
horseback, in the same way as the former
were worn, we do not see but that a fair
interpretation of the law would bring
them, while so worn, within tbe excep
tion of the law, but certainly no farther;
and the evidence, showing that it was
worn upon his person concealed, it was
not error in tlie Court to refuse a new
trial.
Judgment affirmed.
W. H. Dabney, for plaintiff; C. D.
Forsyth, for defendant.
Henry Kerwish vs. James H. Steelman-
Trespass vi et armis.
LOCHRANE, C. J.
Where, upon the trial of an action for
trespass vi et armis and a plea of the gen
eral issue was filed, aud after the cose bod
been submitted to the jury, the Judge
barged them that the matters of justifica
tion could not be considered under &
plea of not guilty, and the jury found for
the plaintiff. The bill of exceptions as
signs error in the Judge’s charge in the
premises, but fails to set out tlie whole
charge, or allege that the charge excepted
was all the charge given;
Held: That this Court will presume
and will believe that the Court charged
the jury upon the law applicable to the
facts, and not being excepted to, that
such charge was correct.
Held, again: It was no error to charge
the jury that they could not consider the
facts in justification under a plea of the
general issue. By the Code, section
3400, and the rulings of this Court, in
the 0th Ga. R. and the 12th Ga. R., such
facts iu justification must have been
pecially pleaded.
Judgment affirmed.
J. Milledge, Jr., Marshall J. Clarke,
for plaintiff.
Farrow A Thomas contra.
J. M. B. Carlton vs. Annie E. Carlton—
Temporary alimony.
McKAY, J.
Where, in a libel for divorce, the
Judge, having examined into the cause
and circumstances of the separation and
the ability and the unwillingness of the
husband to pay, grants temporary alimo
ny, this Court will not control his dis
cretion.
In determining the amount of alimony
the Court will look into the property con
trolled by the husband, and his ability to
earn wages, and determine what is a rea
sonable sum.
An attachment for contempt for refus
ing to obey an order of the Judge, re
quiring the defendant to pay temporary
alimony, is not prohibited by tho Con
stitution; and where a Judge has fully
examined the ability of a party to pay,
and has reason to expect his disobedience
to tho order, he may direct that if he
does not pay it, an attachment for con
tempt shall iisue.
Judgment affirmed.
Gartrell A Stephens and Thrasher A
Thrasher for plaintiff.
Mynatt A Dell contra.
W. W. Paine, administrator, vs. James
Ormond A Wm. McNaught and John
Lee. Ejectment.
McKAY, J.
Where an action of ejectment for a lot
of land, by its number in tho original
State servey.had been pending for several
years beforo the new rule of Court re
quiring tenants in possession to admit
themselves in possession, and if they did
not, they would not be permitted to de
fend, and the plaintiffs insisted on the
rule, and two of the defendants disclaimed
title to tlie west half of the lot, and ad
mitted themselves in possession of tho
other half,
Held: That it was uo error in the court
to refuse to continuo tho cause, on a mo
tion of plaintiffs, for tlie reason that the
other defendant was dead, and they de
sired time to make his representatives
parties. It was too late to make the
motion, unless the knowledge of the
death had just come to tlie plaintiffs.—
The case should continue as to the east
half, and the rights of tho deceased de
fendant would uot bo affected by the
verdict.
Where, ou the triul of on action of
ejectment, a certain deed from the State’s
grantee had been lost or destroyed, and
interrogatories were offered of n witness
whoVwore that he had seen the deed, it
was passed to him ou his purchase of the
land between 1820 and 1830, from the
brother-in-law of tho assumed maker;
that ho did not remember the subscribing
witnesses; that he thought he hod sent
the deed to DeKalb couuty for re
cord, though he could Lot say
that it was recorded; aud there was proof
that the grant from tho State hod been
in the possession of tlie supposed maker
of the deed, shortly after the granting of
the land and afterwards; that the grantee
hud said it was burnt with the house he
ouce lived in; that the supposed maker
of the lost deed had given tho land in for
taxes, but at about the time of the alleged
date of the lost deed, tho supposed milker
of tho lost deed had ceased to give the
land in for taxes, though he continued
to give hi his other lands, and it was also
in proof that both the maker aud grantee
were dead, and ;tbat the court house of
DeKalb county had been destroyed by
fire, with all the records:
Hold, that tnc86 circumstances were pro
per to go to the jury os evidence worthy
of consideration, to show the genuineness
of the deed and justify tho cliorgo of tho
Court, treating them as evidence, upon
that point
Under the act of tho Legislature, when
ml verse possession of lands lias commenc
ed to run against a person beforo his
death, they do not cease to run against
him at his death in favor of his estate,
unless the administration is taken out
withiu five years.
Section 2690 of tho Code requiring the
Coart, npon an imne of the forgery of a
deed, to have the issue tried separately,
applies only to registered deeds, and
does not oover a case, where there is no
registry, and the party presenting tho
deed takes it upon nimself to prove tho
execution thereof.
Judgment affirmed.
T. W. J. Hill, R. H. Clark, Collyer A
Hoyt and J. D. Pope, for plaintiff; J. M.
Calhoun A Son, oontra.
Carhart A Bro. vs. M. E. Paramore—Re
lief Act of 1870.
McKAY, J.
The judgment of the Court in thiscaso
is revered on the ground that it appears
that the plaintiff in the suit had resided
out of tils State at the making of the
contract and continuously ever since, and
no legal taxes being due, the affidavit
was unneoessry; that all legal taxes had
been paid.
Judgment reversed.
Alexander A Wright for plaintiff; Un
derwood A Royal and Smith A Branham,
contra.
A. C. Wyly A Co. vs. Burnett A Rixey—
Confederate Currency.
WARNER, J.
Thiswas an action brought against the d«
fondants,us commission merchants, to re
cover the value of several hundred pounds
of Hcotch Macaboy snuff, consigned to
defendants for sole daring the years 1863
and 1864, and which was sold by them
for Confederate money. It appears that
the defendants did not keep the money
received by them for the snuff separate
and apart from their own money, but used
it themselves; however, they always hud
and kept ou hand enough to pay all out
standing demands ugainst the firm ; and
when the war closed they had Confeder
ate money more than enough to pay the
plaintiffs’ demand, which died on their
hands; that the plaintiffs never de
manded the money of them until after
the war. Tho court charged tho jury
that if defendants sold part of the snuff
for Confederate treasury notes, and used
them for their own purposes, or mixed
them with their own, or with notes of a
like character that were received from
sales of the property of their consignees,
and used the notes thus mixed for their
own purposes, that they then became
liable to pay the plaintiffs tho value of
the notes thus used, at the time they were
used. The jury found a verdict for the
plaintiffs for tlie sum of $211.68. The
defendants made a motion for a new
trial, on tho ground that the court erred
iu i:s charge to the jury, aud on other
grounds, which were overruled by the
court, and defendants excepted. The
only ground of error insisted on iD tlie
argument here was the alleged error in
the charge of the court before recited.—
Iu view of tho evidence, there was no
error in the charge of the court to the
jury os to the liability of the defendants
for the vmuti of the Confederate money
for which they sold the plaintiffs’ snuff
and used for their own purposes. If the
defendants had deposited the Confederate
money .for which they sold the snuff in
bank to plaintiffs’ credit, or had kept it
separately from their own money for
them, and had given the pluiutiffs rea
sonable notice thereof, then if the plain
tiffs had failed to call for it, and tlie money
became worthless, it would have been the
plaintiffs’ loss; but as the defendants
used tho money as their own, without
giving the plaintiffs any notice that they
had the moneyfarising from the sale of
their snuff, they were liable for its value
at tlie time it was so used by them.
Judgmc nt affirmed.
Arnold A Broyles for plaiutiffs; L. J.
Glenn A Son contra.
Marcellus O. Markham vs. C. W. Hun-
nicutt. In Equity.
WARNER, J.
This was a bill filed for an injunction
to restrain the defendant from selling a
certain described city lot in Atlanta, by
virtue of a mortgage fi. fa. in favor of the
mortgagee against one Holmes Sells. It
appears from the records that Sells exe
cuted a mortgage to the defendaut for the
lot in controversy on the 19th day of
July, 1866, which was duly recorded on
the 20th day of July, 1866, that after
wards an agreement was entered into be
tween the defendant and the mortgager;
that tho lot should be sold by Sells and
the proceeds of the sale be applied to tho
payment of defendant’s mortgage debt;
that on or about the 21st day of March,
1867, the lot was sold by Sells at public
auction by his agent, Adair, and pur
chased by complainant Hunnicutt for
the sum of $1,457, Sells making him a
deed to tho lot as such purchaser. The
complainant alleges that he had no actual
notico of defendant’s mortgage; that the
defendant was present at the salo of the
lot when it was announced by the auc
tioneer; that the title to tlie lot wus good
and the purchaser thereto would obtuin a
clear title, Ac.; that when complainant
had bid for tho lot nearly its full value,
the defendant said to him that it was
good property and worth more wan was
being bid for it. The complainant con
tinued to bid for tho lot until it was
knocked off to him as the purchaser
thereof. The defendant gave no notice
of Lis mortgage lien, nor said anything
about bis having a lien on tlic lot. It
was insisted on the trial that the presence
of the defendant at the sale of the lot, his
silence in regard to his mortgage lien on
the property and his encouraging the de
fendant to bid for it, by saying to him it
was good property and was worth more
than was being bid for it, when taken in
connection with the fact that the proper
ty was beiug sold by tho consent of the
defendaut as mortgagee aud the pro
ceeds of the salo were to be ap
plied in payment of his mortgago
deed, was such n fraud upon
the complainant as the purchaser
aa will now estop the defendant from set
tling up and enforcing his mortgage lieu
against the complainant. On the trial the
jury returned the following special ver
dict: “We, the jury, find that. Marcellus
O. Markham w as present at the side made
by Geo. W. Adair, auctioneer, of the
property of Holmes Hells, on tho 13th
September, 1866, at which C. W. Hun*
nicutt became the purchaser of the lot
described in exhibit C, attached to
tho within and foregoiug bill, and
that said M. O. .Markham was then
and there k present and assenting to said
sale.” On this special vordict, tho pre
siding judgo entered a deeres that tho
defendant be estopped from enforcing
his mortgage lien upon the lot purchased
by complainant, and perpetually enjoin
ing him from doiDg so. The defendaut
made a motion to set aside tho verdict
and decree, and for a new trial, which
was overruled bv the Court, and the de
fendaut exoeptea.
It is true that the jury in equity causes
may find a special verdict, decreeing tho
performance of a specific duty by the de
fendant, and unless that decree is found
by tho jury upon the facts ascertained by
them, it is made the judgment of the
Court, when approved and signed by the
presiding judge as chaucellor, and entered
on the minutes of the Court. Under our
system of equity practice, when any ques
tion of fact is iuvolyed the sumo shall be
decided by a special jury. Code 4147.
In this ease tho question of fact involved
was whether tho conduct of tho defend
ant nt the salo of the lot was such a fraud
upon the complainant os would, accord
ing to the principles of justice aud equity,
estop tho defendant from enforcing his
mortgago lion ng.iinst tho property, and
whether, under tho evidence iu the case,
ho should bo perpetually enjoined from
doing so. That was a question for the
inry to decide, and if tho jury had
fouud a special verdict that the defend
ant should be perpetually cujoin-
ed from enforcing his mortgage lieu
against the lot purchased by tho coni-
pTaiuant, the legal prosumptiou then
would bo that the conduct of tho de
fendant at tho sale was a fraud ou the
complainant, otherwise they would not
have found a verdict in favor of a per
petual injunction. But tho jury have not
by their verdict found and decreed that
tho defendant should be perpetually en
joined from enforcing his mortgage lien
against tho property which was their duty
to have done, if they believed from the
evidence that tho conduct of the defend
ant at the time of the salo was a fraud
npon tike complainant AU that the jury
have fonnd by their verdict is that the
defendant was present at the sale and
that he was then and there present and
assenting to said sale. Whether these
facts were or wero not sufficient in the
opinion of the jury to establish a fraud
on the part of the defendant, tho verdict
is silent. Tlie legal presumption is that
inasmuch aa they did not find and decree
a perpetual injunction by their verdict
that they wero not satisfied in relation to
that material fact in the case, and until
the jury had so fouud by their vordict it
was error iu the Court to have entered a
decree for a perpetual injunction upon
that verdict. The material issue in the case
was fraud or no fraud on the part of the
dedefendant, aud the jury have not, by
their verdict, found for or against that
issue, and they not having done so, the
Court could not assume that they had,
and enter a decree of estoppel thereon,
for nothing can be presumed to have been
found by the jury other than those whien
appear iu their special verdict. If there
was fraud proved sufficient under the
law to estop him, then tbe jury should
have decreed a perpetual injunction; and
if not, then they should have found s
verdict for the defendant. As there is
to be a new trial in the case, we express
no opinion iu regard to the merits.
Judgment reversed and new trial
dered.
Pope A Brown, for plaintiff; Collyer
A Hoyt and P. L. J. Mynatt, contra.
Delilah M. Venable vs. James W. Craig,
Sale of Property by Husband when
Separated from Wife.
McKAY, J.
Where, a libel for divorce was filed in
1863, in Jackson county, and with it a
schedule of the property owned by the
husband, at the time of the separation,
which was included a city lot, in the
city of Atlanta; and the husband, in 1866,
before the final verdict, sold tho lot to a
purchaser, who had no actual notice of
the libel, and the jury granted a divorce
on the final trial, and decreed the real
estate mentioned in the schedule, should
go to the wife, during her lifetime, with
remainder to her children.
Held: That under section 1120 of the
Code, the sale by the husband, after the
filing of the libel, the said payment not
being in payment of pre-existing debts,
did uot vest title in tlie purchaser. The
purchaser bought subject to said verdict,
and his want of actuid notice does not
protect him.
Agreements pending a libel for divorce,
in relation to alimony, are presumed to
be merged in the final verdict, and a
purchaser from the husband, pending
the divorce suit, is bound by the verdict,
as is the husband, unless the purchaser
can show fraud in the judgment; and to
do this, he must attach the judgment in
the Court where it was rendered.
A schedule, filed in a pending divorce
suit, had the item, “one city lot in At
lanta, worth $5,000.”
Held: That as such a schedule, pur
ports to be of the property of the hus
band, the description is sufficient to put
all the parties upon notice, if there be in
fact but one such lot.
Judgment reversed.
Warner, J., concurring; Lochrane, C.
J., dissenting.
Hillyer A Bro., for plaintiff; Robert
Bough, B. H. Thrasher, and Collyer A
Hoyt, contra.
TUB Ncl'ALLl TRIAL,
Second Duy'i Proceedings—Tlic Prisoner
Dimh urged.
At 81 o’clock yesterday morning tho
trial of C. P. McCalla was resumed before
Jqgticc Butt.
Col. Farrow proposed to introduce
witnesses to prove that defendant liad
received monies of the W. and Atlantic
Railroad unlawfully, Ac.
Major Hargrove for tho defence, and
in order to save time, was willing to ad
mit the reception of any money which
tho prosecution proposed to prove—or
any thing else.
Among other admissions by the de
fence was one, that a check in favor of
C. O. Johnson A Co., was drawn on
McColla’s funds in bank, and that said
C. O. Johnson A Co., were merchants
doing business in the city, and that the
defendant was one of that firm.
G. F. Stallings testified that of his
own knowledge ho know nothing cf Mc-
Calla’s receiving tho $175; that he heard
McCullu say that Burnett got liis portion
of the $525, and Chamberlin’got his, and
lie (McCalla) received $175 for his servi-
Foster Blodgett said lie appointed Mc
Calla General Banker in 1870—liis servi
ces commence on the first day of August.
His wages wore at the rate of $2,000 per
annum till the first of December, when
tho same was increased to $2,500 per an
num.
The Bookkeeper has no authority to
pay himself ;'but his account must pass
through the regular channel. • Has known
McCalla for fifteen or twenty years.—
Thought at the time he appointed him
ho was n good bookkeeper, but has since
been informed he is not. One reason for
liis discharge was that lie wanted to re
move tlie books to another place. Wit
ness and A. L. Harris had spoken to
gether of McCalla’s unfitness for the of-
fleo before ho was removed.
Judge Hammock testified that McCal
la objected to their taking possession of
his books, only on account of some
private letters which were among them,
otherwise ho invited n strict investiga-
tion.
Hero the testimony closed. The de
fence offered no witness or evidence
whatever. Col. Farrow made a fct$ re
marks. Capt. John Milledgo made
argument of some length, and the case
was closed by Major Hargrove for tlie de
fence in a speech of ono hour, in which
ho handled thejrobbers of tlio public
with gloves off. As soon as tho argu
ments closed, Judge Butt resumed tho
case, remarking that there was no evi
dence to justify holding Major McCalla
to bail, and that his reasons for this need
not be given, tho ease being too plain.
Soulh lilvcr Bottom Load*.
If fun want such lands, rrad tho ad
vertisement of Col Adair, wlio offers to
sell a valuable farm on South River.
To Printer*.
Twelve newspaper chases, suitable for
papers from 22x32 to 24x36, will lio sold
cheap. Address
J. Uenly Smith,
tf. Business Manager Sun.
The Concordias have a special meet
ing to-night.
COM M HILO TAT,
FINANCIAL AND COMHBRCIAL.
Atlanta, October 3.
GR.UN-Corn by car-load 87090 oents.
Wheat—lied 81.70; prime white 81.800i
1.90. Oats 65(rf7U. Rye 81.25191.30^—
Barley 81.25.
Bacon—Shoulder* Be; clear rib rides
UJ cents; clear sides Uje; canvassed hams
14(918c.
Bulk Meat—Clear sides 9c; clear rib
8j; shoulders 7j.
LABD-llffel2e.
Floub—Snperflne, 80.00; extra, $7(«
family, *8(<5«.25(a:ii.6<l; fancy, 89f,i9.5o.
Meal, *to.—t^uite an aotive demand
exists, and many orders are received from
a distance. Corn meal per boBhel 95<-.
Bran, per owt., 81.00.
(Jbocekies—We quote A ^ragar at
14to; extra 014@14j; ornshed, powdered
and granulated 15i@i5); Demarara 131
(9,14; fair to choice brown 12@18e. Rio
ooflee 19021o; Java 27@30e; Laguira
23c. Molasses, in barrels, fific; hogshead-
28(afi0; New Orleans prime 75c.
Liverpool salt 82.00; Virginia salt 82.25
82.40. Rice 10(9;101o. Oluaing 12022c
Caudles—sperm 18c; adamantine 18l(m
14Jo. Pepper 25c. Race Ginger 20c.
idtarch 8|c. rtCigars, domestic, per thou
sand 822040. Teas—Green tea 810
1.50; black 90c@1.25. Soap 5010c
Cracker* 6015c. ^
Fruit.—Kongh Peaches, 8405 per
bushel; peeled, 10c. per lb. Dried ap
ples, peeled, 83J per bushel. Green
Georgia, 83!@4J per bbl. Northern,
8506 per bbl
Onions.—8304 per bble.
Gensino.—60o.@C5c. per ft.
Coentby Produce. — Butter 20030;
eggs 15@25c.
Cotton Goods.—Standard 4-4 sheet
ing, 12e.012J; J do. 10e.@10p J do.
8)c. Osnaburgs, I3c.@16; cotton
checks, 13C.015; cotton stripes, 11c. {0
13; cotton yarns, all numbers, 81.35(9
1.40.
Cement and Lime.—Market brisk.
Cherokee lime 55c; Ckewacla 60c; hy
draulic cement, per bbL, 84; James Riv
er, 84; plaster of Paris, per bbl., tO.
Hay—Moderate. Prime clover, per
ton, 830; Tennessee, 830033; Timothy,
832035.
Tobacco—Low grades 55@60c ; com
mon, 58065; good, 75@90 ; line, |l@
81 25, choice brands, 81 2501 50.
Prints.—Allens, 111; Sprague lit;
Pacific 11} ; Lancaster, 10}; Wamsutta,
8; Merrimacs, 11}; Gamers, 10};
Gloucester 11; Amoskegos 9}.
Hardware.—Nails—lOd to COd 84.70
8d 84.95; Gd $5.20; 4d 84.75; 3d 86.70;
finished, all grades, about 15c lower.—
Iron—Swede 7c; horso shoe iron 7c;
City Mills and Pittaburg bar 6c.
Live Stock.—Cattle—Tennessee, 2}@
4}c; country, 2@3)c; sheep—country 20
3}o; Tennessee, 4c; shoata, 5@5}o.
Our quotations are made up mainly
from the largest and most responsible
dealers in the city, and may be relied on
as correct
Whisky trade is dull hut improving.
Cotton.—The market yesterday was
firm at 18} cents—Very little coming iu.
Bauginu—22} to 23.
Ties—6 to 7c.
No Rope in market.
Mackerel—} bbls. No. 1, 88; No. 2,
87; No. 3, 8G. Kits—No. 1, 81 75; No.
2, 81 40; No. 3, 81 25.
Cheese—1G@17 cents.
Meats stiff.
Lioeal and Business Notices.
Fish and Oyster Depot—84 Whitehall
street—Wholesale and Retail. Oysters
82 per gallon; Fish 25 to 45 cents ]>er
string; Shrimp 25 cents per quart; Crab
75 cents per dozen—carefully packed iu
ice nml shipped to any point
oct3 L. Cook.
Cf'V. Fresh chocolate creams mode
regularly every week at Block’s Candy
Factory. Broken candy 20 cents per
pound—six pounds for n dollar. All
kinds of fresh Frenoh confectionery kept
constantly on hand. sep 29-
SUPREME COURT OF GEORGIA.
Regular Order of Business.—Cases yet
to be Decided.
12. Rome 12
13. Cherokee 18
14. Northern 5
15. Augusta 10
16. Middle 1
17. Ocmulgee. 5
18. Eastern 0
19. Brunswick 5
September 6-tf
S@c. Messrs. Ferrington k Quigley, at
the Post Office Stand, successors to Orion
Dozier, keep The Sun for sale.
B@ . 1,000 Old Papers for sale in quan
tities to suit purchasers, at the
tf Sun Office.
W. B. Moses, at the Kimball
House, always has Tns Sun for isle.
Power Prcca For Sale.
We offer for sale a “Montague” Power
Press, which cau be run either by hand or
steam—in perfect order aud as good aa
new. Address J. Hekly Smith,
Sun Office,
tf Atlanta, Ga.
OgL. Offices to Rent.—One room on
2d floor; also a portion of the office, in
cluding one wiudowon the first floor—iu
The Sun Building, on Broad street.
Apply to J. Hknly Smith,
tf. 95? 9*?°®-
“ Alexander H. Stephens on the
Study of the Law.”—A 16 page pam
phlet—one of the profoundest of Mr.
Stephens* many productions. Single
copy 15 cents ; pO copies $5.
Address J. Henly Smith,
Manager Sun Office,
sept4-tf , Atlanta, Ga.
<T. Qv THRO W 33 R,
Froprktor-Excclsior Plastering Work*,
P.O. Box 460, ATLANTA, GA.
jMigOg Am.
Atlanta Marble Works.
WILUAM 49 It A V
IMPORTER AND DEALER Ilf
A merican, Italian and all othor Marble*
AND
SCOTCH HAhaJTiTE.
ONIJMKNTS. Statue*. Yue*. To«b*. *a<l *11
1.T1. other stjrl** of M*rble Work done on abort no
tice *n«l In the Wtrpt and moet approved manner.
De*nm* of all Cemetery work fttrniated FREE on
J. K. LEAS, Ao*»t.
K
*ngCS tin Atlanta, Georgia-
AiliiiiniMti*utt>i*'ai ttalr.
Statb or Groboia, l
TAMArmo Cocrrr. j
Y virtue of an order *f the Court «f Ordinary of
„. 1 saul county, will be sold ou the first 1 uemlay
In November next, 1*71, between the lawful hours
of sale at tbe Court House door, tUAVuwlbrdvflle, in
sold county, the plantation or Muds betongtog to the
estate of General Aaron W. Grier, deceased, late of
raid county. This plantation is well adapted to tho
culture of oorn, cotton, and small grain. Situation
healthy, society good. Convenient to railroad, poat
office, churches, and mills.
Mr. James A. Grier ia on tlie place, and will take
pleasure iu ab.iauig the lands to euy one wishing to
to ace it. Bold in lots to suit the purchasers. A
plat of each surrey will be exhibited on day of sale.
Thu, September 11, 1071.
JAMBS M. TRIPLETT. Admlaiatr,
de boon* sow, with the wiii annexed.
aeptil-Ul*