Below is the OCR text representation for this newspapers page.

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*