Newspaper Page Text
THE DAILY SUN.
Wednesday Mourn* November l
JTm Advertisements always found
n Firm Pago ; Load and Ilutineu Noticet
on Fourth Page.
of Oiir HwbM rlpIlAM Price.
We aril attention to our new terms of
sntMcrlptiota in the first column on first
PW*
SlM«U IMflaaflk. ••• Per 8«l« «l IB«
Cossl.r.
daily frtJfi rJSJta
MUNICIPAL TICKET.
Democratic Nominations.
FOB MAYOR:
JOttN; tt- JAMES.
FOB COUNCILMKN :
naarWABD; U
JOHN P. MAYES, 0. W. WELLS
■booed ward:
0. C. HAMMOCK, E. J. BOACH.
THIRD ward:
L. T. GRANT. T. A. MORRIS.
FOURTH ward:
H. L. WILSON. B. M. FARRAR.
FIFTH WARD:
A. LEYDEN, A. L. FOWLER.
CITY AFFAIRS.
* Plfr*
Members of the Legislators con be
■ocommodated with good board and
lodging at MOood bones OboTe Ostatol'
building.
IlMWI to Rent.
Col. O. W. Adair advertises houses to
rent near the Air Line Railroad depot.
Til* iRWtcR llonar.
We invite the attention of all persons
who are traveling, and strangers in the
citj, to the advertisement of the Besseeo
which has old pilots.
Pwblleatlon of the Law*.
We will pafiiaK witlrinlhrie day* after
adjournment, all pnblio laws paused dnr
ing tho present session of the Legisla
ture. Newman A Harrison,
novl-lt Atlanta, (Ja.
Th.atMsi sswAsa ore
Ismbsa, Ohio.
Bee tho sdvutisemeut of this oom-
)wnj, which is OR A sound basis and has
good men to attend to its business in
this city.
Atlanta boys, who go from home, al
ways lunnago to do well and secure a
good standing. As an instance of this,
there is our young friend, Androw A.
Henderson, who lias just bcou elected an
Alderman at I,ukc City, Florida. Unless
Andrew has grown a good deal since he
left here, ho has not yet attained alder-
manic proportions; uevortheleas lio will
no doubt fill the office admirably.
- WtAnsnm'iBanil,
This famous regimental band, consist
ing of fit picoes, fonwrly stationed in this
city when Gen. Meade woe commanding
the Department, but now at tho Dcpart-
- incut Head Quarters of Gen. H. W.
Crawford, Commanding at Huntsville
' passed through this oily yesterday on it*
return icum tlaooii, where It had gono to
disoourse sweet music at the Btate Fair,
delighting the city and all the visitors.
It is one of the finest and most celebra
ted bands in the United States.
Ball .r (fcv m.rhanlrs* UulMM.
The mechanics of this city have re
cently formed n beneficial Union for mu
tual assistance. In elder to assist ibis
praiseworthy association, they propose
holding their first grand ball at the Skat
ing Rink, ou Thursday evening, (lo-tnor
row.)
It ia to bo Uopod that all pcrsouH will
be ready to lend a helping lmnd, and bay
n ticket at least. The Society is n charit
able one—a mutual help to each other —
and also looks to the cultivation nnd gen
eral improvement of tho working classes.
Lend a baud, uud assist in building up a
Society tbet prom wee to assist in earing
for the needy mechanic and his family.
Th. Caadkdwl.a.
“Obi that night or lllucber would
come !“ was the prayer of a celebrated
“ fighter;" and whenever we think of the
trouble be war iu net fed the agony of the
situation. Now, a tender-hearted fellow
like this local, ia troubled uigh unto
deeth at the sight of the numerous pat
riotic gentlemen who are prefiering their
services to fill the jHisitious within the
gift of the Legislature. They are all
oh-ing lot the nontiualioue uud electro us
to come off— hopeful, anxions, despon
dent, desperate! Reader, do yon sym
patbiae with this suU-eaeritieiug class V
It is no nse for us lo proceed —we are
one ol them, and know how it is ourself.
Fayaral •> Beat By the Slat. H.ad.
Wn Terr and Atlantic R. It. Co., j
Pineal dents Office, !-
Atlanta, OR., Oet. 91, 1871 )
Ur. A. L. Amnrr, State Troieurur:
Dead Sir—I eend youfiy tiw Treasu
rer of this Company, Xweaty-five Tboae-
ond Dollars in each, the natal due the
Sure for tbe present month of October.
Please send me tbe usual receipt from
the Comptroller General for the amonnt.
Very truly, Josefs E. Brown,
Free. W endA ll R. Co.
COMITBOLLKU GeNEKAL's OFFICE, 1
Atlanta, Oi, Oct. 31, 187),)
No. 53L
Receii
M Urs, rent
fw~
ived of tV. C. Morrill, Treasurer
Western and Atlantic Railroad Company,
the sua> of Twenty-Hvo Tkoaaaud Dot
Urs, rent of Western end AtUntio Rail
October, 1871, as per certificate
of N. L. Angicr, Treasurer.
Mai I ion Bell,
Comptroller Oenersh
Bollock’. U1JM.
No doubt, Governor Bullock’s pro
gramme is to induce General Grant and
the Radical Faction, now in power, to
suspend the writ of habeas corpus iu
Georgia and send Amt.back here os Mili
tary Governor, fur the jiurpoee <f mowing
ail inveetigation into ‘t it ojfkinl acts ! He
desires no investigation into what be hue
done- to we suppose.
Th* L»kl !•* Ifionrr of Wnr.
We learn that Cnpt. John C. liraiue,
Into of the C. 8. W«vy, Will deliver a lec
ture this week, in thin city, on the un-
puUiaLad lifctory of th# Navy of the
Ocnfederat® hfoteti. fce was confined,
as a prisoner of war, for two and-A-half
a After the war. *
Th* Democratic C'ohcim
ot th# Hon#© met lfitf everting. Aftefr
electing Hon. Winder P. Johnson
Chairman, it was moved to proceed with
the nomination of candidates for Speaker
and Clerk. Owing to the Absence of
some of the members, who wore expected
to arrive by night tmins, it was agreed
to adjonrn to meet this morning at 0
o'clock in tho Representative Hall, at
which time every Democrat belonging
to the House is requested to be present.
lion. B. Conley.
It is stated that Judge Conley consi
ders himself Governor for tho remainder
of Dullock’s unexpired te rm. That is a
heavy calculation.
D« inot raf It Mt-walr Ceuro*.
At a meeting of Democratic Senators
last night, tho following nominations
Wire made for officers of that body:
For permanent President—L. N. Tram
mill.
For President pro tew—15. 15. Hinton.
For Secretary of tho Senate—T. 'W.
J. Hill.
For Door Keeper—G. Whit Anderson.
For Messenger—A. J. Cameron.
These nominations were mado unnni-
mously.
Dr. N. L. Angler.
Our State: Ticasuror, under tlie solemn
conviction that Gov. BullocY wot making
illegal uso of tho money und bonds of the
State, bus been watchful and vigilant,
and steadily pressed hie inveetigotfonH
and inquiries uud kept the public inform
ed of tho facts aud the law. and iu this
way has saved Georgia millions of dollars,
and also saved hor from the utter bank
ruptey which has befulleuother Southern
States where the Radicals hnve bccu in
power. He has done much for Georgia
and deserves the tlmuks of her people,
“Tho Girl of tho Period’ 1 furnished
“Awtck” punches last night for tho auo
ocssful aspirant, mode up by John Loyd.
After taking, the defeated “fellers” de
clared they didn’t euro worth u cent; the
punches made them feel so rich.
The Nominations.
The candidates fur officers of the Sen
ate, who were put forward at the Demo
cratic carious last night, will, of course,
reoeive the unanimous support of the
party, and be elected to day. They are
good men, and will, no doubt, give full
satisfaction iu discharging their duties.
Mr. Trammel! h e have personally known
for years, uiul we regard him us well
fitted for the position of presiding officer
in tho Senate. Mr. Hill is worthy, und
well qualified, and so are Gupt. Ander
son and Mr. Gainerou.
Geu'l. Toombs is in tho city.
Gen. P. M. 15. Young reached tho city
yesterday.
Gcu. S. W. Crawford was iu tho city
yesterday. Ho left hist ovening for the
Northern part of South Carolina, on a
visit to the home of his ancestors iu that
State.
Col. John 11. Christy of tho Athens
Watchman, arrived yesterday.
E. Steadui'iu id Newton county, is in
tho city to attend the Legislature.
Muj. J. T. Barns, Senator, is at the
Kimbull House.
Tho following members of tlio General
Ancmbiy arrived yesterday, and the day
before: R. E. Lester, Senator 1st Dis
irict, Savannah; James W. Junes, llep-
resoutativo from Hart, Hartwell; W. S.
Erwin, Senator 31st Pistrief, Clarkcville;
T. J. Barksdale, Representative from
Wanvu, Wamiitou; 15.15. Hinton, Sena
tor; 24th District, 15uonu Vista; E. P.
Edwards, Representative from Elbert,
Elberton; Columbus Heard, BenutonOth
District; JuliuC. Nioiiolls, Bcnator 30th
District, lilackshcar.
Hon. Julian Hartridge, one of tho
veteran lawyers of South Georgia, is in
the city.
Judge Liutou Stephens is at the Kim
tall House.
Large Awdlon
If the weather is too iuclewcnt to day
for a public sale, a poatponemeut of my
largo suetiou sale, os advertised, will bo
mode until Wednesday, 31st November,
at which lime I will put on tho market
about 50 town lots, but if tho day is fair,
the sale will toko place.
A. K. Skauo,
uovl Dealer iu Real Estate, Ac.
Dally Proceedings of the Supreme Court
Brnutuw Conrr of Georgia, \
October 61, 1871. (
After deUwry of opintons in caw-j
heretofore argBed. H. 11ToMpkm.s, Kaq.,
of Savannah, G*, Vn ailniittiil to tbis
bar.
Argument wan licoril in No. 1, Oomul-
geo Circuit. It i» Tho Milledgeville
Maunfactnring Omnp«ny VR. O. 8. Rivra
-Uttarlirocnt from Baldwin —Wm. Me-
Kinlij for jiliiintifl - in error; Linton
BtoplroM, Guo. F. Bailee, Jr., contra.
An Injunction cooo from tho Month
Wcwtoni Circuit—Brewer vn Jcua»—ra»
■et for licAripg at thu heel of the entire
'fioekcL # /
No. 2, Ocmnlgec Circuit,'Nnm taken up.
It u H. J. Wellborn vw Executor, of
Mathew Whitfield—Ejectment from Ju»-
l*r--Key nuil 1’re.tou, C. Peeplra, for
phuntifi in error; W. A. Loftou, eouUw
l’eudiug the urgiuncut of this Ftwo,
Court .djourued to 10 o'clock, A. M., to
morrow.
A n iioiAmoemutk.
FUR SKtUETAHV OF MTATK.
Colonel H. J. 8PRAYBERRY u nn-
nounoed u a candidate! for Secretary of
State, subject to the Democratic nominn-
iiou.
NtkMngtr of (Hr Brstlc.
Mr. C, H. Morris, of Palmetto, an old-
time Democrat, is announced as a can-
dielate for Mmsenger of the Senate.
oc31-2l
■ ■" - Ml
IfogoI and BusineM Notlcos.
Have you heard that “ Uncle
Jeemen" Harris k Son, have opened ■
Rev Hoot and Shoe Store, iu James'
Rank Block, next to Railroad crossing.—
The; warrant all their fine goods.
OltU Mid STM) Umbi. uovl-fit
From tb* Macon CitUcn, 30Ui October.
EiaATsp.—Onr friend, R. J. Anderson,
agent of the Howe Sewiog Machine
Company in this city, is highly elated
over the auoceee of hie machine at tbe
Htuto Fair lost week. It took the first
premium, after a very severe and protract
ed test, ns the best family machine for all
kiutls of work, aud also the first premi
um m Hi* best laanulactnriug machine.
These are facta, and Anderson 1ms the
premiums and papers to prove it. lienee,
both he and ourselves were astonished to
find tho following, as a telegram iu the
Bavaunali A* hie theft of Saturday :
*• TUf Slaver took tb* premium 11 tbe beat Family
Ht-wini: Mkuuitie, wltb wont useful attachment*."
Tbt* “Singer” took only the nrciutuui
for utitjcktiKHtt, und author of this tele
gram knew it at the time lie was writing.
The Howo was triumphant. Mark that!
novl-2t
InroirrAXT to Mkuiuuih of the
LmiLATUBK. —For Hats of the Latest
Style call ou Lewis H. Clarke, in James’
Bank Block, next to Railroad, octfil-tit
tPU Th« Howb Machine Company,
Bhancb OmoB, Athuita, Ga.—We take
occasion to inform the public that The
Howe lias taken the premium at the
Stato Fair for the Ixwt Family Sewing
Machine, und not the Siuger, as has been
stated. Tito Howe Company have also
taken the premium on their manufactur
ing machine, proviug it to be the best in
that line. oot30-2t.
fay* Office Singer Skwiwo Machine,
Atlanta, Ga., October 30, 1871.—It is
true, the Howe Family Machine took tbe
premium at the late Georgia State Fair,
while it if also true the Singer was given
premium for “Family Machine with
best and most useful attachments.” We
quote exactly. Wo wislinoccedit we are
not entitled to, aud will willingly give to
tho IIowo credit for what it received.
Straight needle* tare, a* usual, trium
phant f oct30-8t
A Card—Andes Insurance Co.—
The Andes Insurance Company has in
structed its adjusters to draw at aiglit for
all correct losses, nH fust us ascertained,
at thfe Chi *ago fire.
Every loss will be promptly met, not
only iu Chicago, but elsewhere.
The Andes has ample means, is entire
ly sound, and ready to respond to aDy
and ull Iter liabilities.
Risks carefully written at udequatc and
fair rates, by
oct24-5t L. 15. Davis, Agent.
9PX. Fresh chocolate creams mmle
regularly every week at Black's Candy
Factory. Broken eandv 20 cents per
pound—six pounds for a dollar. All
kinds of fresh French confectionery kept
Constantly on baud. sep 29-
Fisii and Oyster Dktot—84 Whitehall
street-Wholesale and Retail. Oysters
82 per gallon; Fish 26 to 45 cents per
string; Bhrimp 25 cents per quart; Crab
75 cents per dozen—carefully packed iu
ico and shipped to uuy in*iut
oct3 L. Cook.
Wo were uunhlo to notice yesterday
morning all tho prominent gentlemen
who arc arriving to take their places iu
the General Assembly; and will possibly
lto unable to complete the list to day, as
wo have not had the pleasure of mevtiug
all, aud have no doubt we shall leave
some good und able men out. However,
the will is good, and if the deed fail, the
fault is not iutcntiouul.
Hon. B. B. Hiuton, of the 21th, one
of the working Democrats of last session
and one of the most watchful, is ou hand,
ready for uny duty that may be required,
Though Trammell was jipifc a little tho
stronger, in caucus, for President of the
Senate, Hinton was selected as the pro
tempoir President, and will bo a valuable
aid to tho nominee. It was a nice point
to decide between these two gentlemen,
aud wo shall never bo ablo to fully un
diU'stiind how the Bcimtoi's managed to
do it
lion. U. li Lester comes With the re
sponsibilities of tho First District resting
upou his shoulders. But ho will acquit
himself like a good Democrat and a good
Senator. Ho is every iuoh a man.
Hon. E. Steadman, one of the most
practical and useful men in the State,
will actively aud houorablj represent the
Twenty-seventh District.
Uou. W. T. Jordan is on hand. The
Twenty-fifth District will not suffer
through him. He is as genial as u May
blossom, knows how to make friends and
knows how to keep them, always votes
i igbi, and aim play a better tune on the
fiddle than uuy man in the Senate.
Hen. C. J. Welboru, of the Fortieth,
is equipped for the fray and ready to fight
it out on the Democratic line. He ie a
good worker and a sound thinker, and is
always at kit poat He wields a decided
nfiucuoo in or oat of the Assembly.
Hon. John T. Burns comes from tbe
mountains, and is tall and straight as the
pines. His Democracy is beyond a sus
picion. ..Ho never was known to fiinch
when the trial came. He lias still tho
old metal in him.
Fitzpatrick comes agaiu from Bibb
with his Bluruey, and wil’, we presume,
as heretofore, be one of the biggest
Rsdteals in tho banoh. He is o«r
honest Fit*” nevertheless, and “Mis-
tlicr taker, v pron.mimed in bis rich
brogue, is as musical as on Irish jig.
Butts sends one of her sturdy old
farmers to do her representing, in the
person of Hon. T. F. Hammond. The
honor of the county is safe in his hands,
for he kuoAs nothing but iutegrity and
hard work. He can be accounted on
when the hard work commences.
Chatham sends Hon. John J. Kelly,
“a fine ould Irish gentleman " and the
worst Democrat in America. He is big,
but Democratic in proportion, aud true
as steel to his principles und his friends.
Hon. J. H. Mo Whorter is here to do
tbe Radicalism for the 30th District. He
is a fine looking man and works well—on
the wrong side.
Morgan Ruwls comes to cast a few
more votes for the Democracy aud the
honor of old Effiioghom.
From Fayette, we have met Wm. W f hat-
ley, who doee not seem to be very happy,
as Mr. Harp proposes to protest his seat.
There ought be no foolishness’about elec
tions; people ought to vote quick and
often, and pile np big majorities.
Spalding also sends us a couple of
main bets, aud strange as it may seem,
they are both Johnsons—Dave and Dan.
Dan come in ahead, but Dave proposes
to show fraud, and contests. We would
be delighted to see Dave scuted, as he is
the “powerfulist” Democrat in the coun
ty- no discount at ull—notwithstanding
ho was the loadest-mouth Union inao in
war times in all this country. Dan is 4s
thorough a Rad. os Georgia uffords—
don't beat about the bush, but goes the
whole figure.
l*ike—gallant, glorious old 1'ike—sends
us a Baker, whoso front names ore John
U. All that we desire to know of a man
is, tliat he comes from Pike, to put him
down O. K, as the people of that county
come os near appreciatiog honesty and
virtue iu man ns any people io this wide
world.
From Bryan, we met our old life-long
friend, G. H. Baker; and notwithstand
ing he comes fresh from the jungles of
that oppressed section of our State, we
know he has the true grit, and plenty of
it. Ho will represent the old and lion
ored county of Bryan with credit to him
self nnd honor to the county.
Randolph sends B. F. Crittenden, a
genial, intelligent gentleman, with whom
it is a pleasure to talk. We shall wutch
the career of Mr. Crittenden with inter
est.
Col. J. M. C. Held.
Col. Reid left yesterday morning for
Columbus—going there as a delegate to
the Industrial Association. He is the
most prominent dairy farmer in this
vicinity, and took a premium at oar late
Fair for the best essay on dairy farming.
SUPREME COURT DECISIONS.
October 31, 1871.
Henry F. Russell, Mayor, Ac., vs. C. Y.
Walker et al.. and Wnt. C. Jones und
Michael O. Dowd vs. II. F. Russell,
Mayor, &c., for use of Wm. Glcuden-
ning, administrator. Suit on bond—
Discharge of principal.
LOCHRANE, C. J.
C. B. Walker was elected auctioneer of
tho city of Augusta, and executed his
bond as required by law. During his
term us such auctioneer, lie sold certain
propety entrusted to him, and failed to
nay to tho parties the proceeds thereof.
Walker nnd his sureties on the bond were
sued, uud the main question raised by
tho pleadings, and which is embraced iu
the writs of error is, that Walker pleaded
his discharge in bankruptcy, which the
court allowed, aup the sureties relied on
tlio discharge of their principal as a dis
charge of the sureties, which the court
disallowed. We hold that the court
erred in • lioldiu^ that Walker was dis
charged under the facta of this case.—
The 33d section of tho bankrupt act of
March 2, 18G7, provides that no debt that
has accrued by the fraud or embezzle
ment of the bankrupt, or the defalcation
of n public officer, or of any one while
actiug iu a fiduciary' capacity, shall be
discharged under this act. Waiving the
question ns to whether or not Walker was
a public officer, under tho act of Decem
ber 24, wo are clearly of opinion that the
debt sued ou aocrued while Walker was
actiug iu a fiduciary capacity.
Held again: The suroties on the bond
wore liable under tho facts of tho case.—
We therefore reverse the judgment of the
court in the former, uud affirm it iu the
latter, cato.
H. W. Hilliard for plaintiff; J. P. Carr
contra in tho former, and J. P. Carr for
plaintiff, and Hilliard k King contra, in
tlio latter cose.
Jno. S. Byne vs. Ezekiel Attaway—-Title
to Confederate States property.
LOCHRANE, C. J.
Where it appeared from tlio record
that A brought an account of trover to
recover a wagon which belonged to the
Confederate States at the time of the sur
render of Gcu. Johnston, and subse
quently to such surrender was given to A
who had worked for the Confederate
States authorities, by the Confederate
States quartermaster in payment of A’s
services; and after such giving to A, he
took it from tho depot in Warrcnton,
where it was, And ran it off into a swamp,
where B’a negroea found it and B bought
it home and had it repaired, and after
wards learning that A ffiaimed the wagon,
B reported it to the United States au
thorities, who gave B the possession and
uso thereof, and ou a trial of the action
brought by A ogaiuat B to recover the
wagon, the Court rejected this evidence
and charged tho jury' that the receipt of
the wagon by A from the Confederate
States quartermaster in settlement of A’a
wages, was a voted payment and afforded
a complete title, although the same was
made after sncli surrender, and refused
to charge, as requested by B’s counsel, as
to the effect of the surrender os to the
principal of seizure, and tho jury found
tor the plaintiff, and a motion was made
for a new trial on several grounds, which
were overruled:
Held, That the Court below erred in
his view of the law of this case. The de
fendant had a right to the evidence re
jected, for the written permission of the
authorities of the United States touching
the property capture, or surrendered,
by the Confederate States authorit
wit, by the Confederate States authoritiea,
was admissablc and proper evidence for
the consideration of the jury. The terri
tory over which Gen. Johnston had com
mand, and which was covered by the sur
render, lieing n part of the public
history of the country, it ia the duty
of thu courts to take cognizance
of it without further proof as
the locus of this transaction. Be
ing in the territory so embmoed by the
surrender, all the property controlled by
such military organization commanded
by General Johnston, was surrendered
by him, and the Confederate States Quar
termaster had no power to transfer it,
and could confer no title by any act of
his. The surrender conveyed to the
United States authorities the title or right
to the possession of such property, and
their disposition of it was competent by
such military orders as that government
may have directed, and wus admissible
in evidence to show the fact, and was
conclusive upon any one claiming, under
the Confederate States authority, where
such order hod been procured without
fraud, and the Court erred in ruling out
inch evidence.
Judgment reversed.
J. J. Jones, A. M. Rogers, for plaintiff;
S. A. Corker, contra.
M. W. Spearman, Administrator, vs. Ij.
M. Wilson, et at, Executors—Arbi
trators.
LOCHRANE, C. J.
Held, that A was not a competent ar
bitrator to render an award where the
property in controversy had become the
property of his own, pending tho arbi
trataon:
Held, again, under our law, ns Judge
has a right to curry a jury into a differ
ent county from that in which they are
empaneled, and any threat to do so in
case they d»d not find a verdict presently,
was in effect to prevent the jury from
that free and voluntary consideration of
tbecause required by law:
Held, again, whether a contract was
entered into by Whitfield with Spearman,
to derive certain property by will, is a
fact for the jury to determine, and if the
contract existed, equity had jurisdiction
to decree damages for the (breach, al
though it was impossible to decree a spec
ific performance.
If the jury find a contract and a breach
thereof, in the estimation of dnm-
agis, it is proper to consider any
advuiucj made dnring the lifetime
of the testate, distinguishing between
voluntary gifts not referential to the
contract and advancements in pursuance
of it, and held nguiu, that tho latter con
dition of the parties arising out of the
losses to the estate of Whitfield, is u
proper matter* to be considered by the
jury iu c.rc they find a contract had been
entered into, and such breach as en
titled Spearman to damages under the
law.
Judgment reversed.
J. Wingfield, J. T. Bondoin, Peeples
for plaintiff, uud Joshua Hill and A.
Itecse, contra.
City Council of Augusta, vs. M. E.
Swinney—Vested Rights.
Mo KAY, J.
Where u public office is created by tho
authorities of u municipal corporation.
Held that the incumbent of the office
does not have such an interest in the
salary, us that the corporation could not
at its discretion abolish the office, and by
so doing, deprive him of the right to
tender his services uud demand his salary
for the full timo for which he was
selected.
Judgment reversed.
A. R. Wright for plaintiff, II. Clay
Foster, contra.
J. M. Meyer, Trustee, audJSuvannali Mil
ler, vs. B. B. Miller, Jr.,etal—Equity.
Me KAY, J.
The rule that the judgmeut of a court
of competent jurisdiction, is conclusive
between the parties as to the matter in
issue, does not apply to a judgment
against a trustee us such, if the object of
tho suit be to charge the trust property
with a debt for which the trustee is ouly
personally liable, unless it appear that
ihe cestue quo trust is sui juris and n
party to the suit, or consents to the judg
ment, and equity will interfere to enjoin
such judgment, if it appear that in fact,
tho trust estate wus not liable for the
debt sued on.
Judgment reversed.
H. Clay Foster for plaintiff, Jas. P.
Carr, contra.
Janies S. Pool, vs. S. S. Purdue—-Attach
ment.
McIUY, J.
A commissioned Notary I'ublio us ex-
officio Justice of the Peace under the con
stitution of 1868, may issuo an attach
meat ns another J. P. may, under the
provisions of tlio code. One holding a
commission from the Governor as N. 1\,
and acting as such, is de facto an officer,
and his official act cannot bo attacked
collaterally, ou the ground that his ap
pointment was not authorized by law, or
obligations to tho fonu of an affidavit or
attachment, oro waived by the appear
ance of defondant and pleading to tho
merits of a written notice to defendant
that an attachment is pending, stating
tho Court to which it is returnable and
tho term thereof, nnd stating tho amount
ascribing and the property levied ou, iR
a sufficient compliance with Section !!233
of tlic Code, to autliorizo proceedings as
in an Ordinary suit, especially when the
defendant appears aud pleads to the
moritu.
Where objections were filed to certain
intormgatonoe, ou tho ground that they
were loading and tlio party on tho trial
urged tho objections, ami tlo Judge
Htatcd that if the objections were sus
tained ho would continue the case, and
the party ceased to urge them.
Held, that this Court will not for that
reason grant a new trial. In this
State, one parly can sue another at law
if he can, by proof, so present his case
that the jury can ascertain the amount
of the indebtedness.
Upon tho whole case, wo find no error
in refusing to grant a now trial Judg
ment iLiinuod.
A. D. Picquol and A. R. Wright, for
plaintiff, and H. Clay Foster aud J. C. C.
Black, contra.
Mary A. Inman, Administratrix, and Al
fred Iumuu, Administrator, vs. D. J.
J ones—Illegality.
WARNER, J.
This was uu affidavit of illegality to a
judgment rendered against the defendant
in November, 18G6, on the ground that
noto ou which the judgment was founded
was n debt, tho consideration of which
was for tho purchase of slaves. The
plaintiffs made a motion to dismiss the
affidavit of illegality, on the ground that
the defendant hod had his day in Court,
and was now estomied from going behind
the judgment amt setting up this defence
by affidavit of illegality. The Court
overruled the motion and the defeudauts
excepted. Thia case it within the
principles decided by this Court during
the present term, iu the case of Miller
vs. Albritton. The defendant should
have pleaded and proved tho considera
tion of the debt ou the trial of the coao
when the judgment was rendered.
Judgmeut below reversed.
John T. Shew make for plaintiff, and
A. B. Wright contra.
CONCLUDED IN OUR NEXT.
COMMERCIAL
CITY QUOTATIONS.
Office Daily and Weekly Sun, 1
Atlanta, Ga., Oct. 30, 1871. )
Gold is buyiog at 110 and selling at
112. Silver buying at 104 and selling at
108. Money is scarce, though the mar*
ket is a little easier, and some alight im
provement iu tha general feeling.
COTTON
has advanced, and there ia much better
feeling. It was selling yesterday at 16lc
from store, aud 16 to 161 c from wagons.
The receipts were about 75 bales, and
soles about 300 bates, showing consid
erable activity in the markot.
grain
is steady ut previous prices. White com
90 to 93 by wholesale; mixed and yellow
88 to 90. Mixed oats 65; black seed 75;
white Go to 75. Wheat in demand at
$1 75 to $1 85.
meats.
Shoulders 8J to8f; clear rib sides 9J
to 91; claar sides 9J to91; hams—plaiu—
14 to 15J; esuvassed 11 to 18. Bulk
meats are selling—shoulders 91; clear rib
sides 8J; clear sides 9|.
COTTON GOODS.
8 oz Osuaburgs, 16; C oz, 12j. 4-4
blieetiug, 121. 7-8 Drillings, 18. 7-8
Shirting, 11; 3-4 Shirting, 9. Y'arns, all
numbers, $1 40. Cotton rope, 28. All
domestics in good demand.
Lard—Market well supplied; sales
moderate at 111; prices well sustained.
Flour—Superfine $7; extra 67 50;
family 68 00(rt$ 75(5'9; fancy 810; mod
erate supply, und sales fair; prices main
tained.
Corn Meal—Iu good demand, worth
9oc. Bran 81 00 per ca t.
GKOCEIUE8—Sugar -A, 141; extra C,
14; crushed, powdered and granu
lated 151(515J; Demerora 131Q|131; fair
to choice brown 12(5,13. Fair supply;
market steady. Coffee—Rio 23@25;
Java 31; Laguira 30. The coffee market
somewhat excited; prices firm. Molasses—
Barrels 36; hogsheads 32; New Orleans
prime 80. Salt—Liverpool $2 00; Vir
ginia $2. Rice 10(5)101.
Fnurr—Rough pouches 5c per lb; peeled
10(al2; peaches iu demand. Dried ap
ples—Peeled 4(«.41 per lb; small supply—
demand moderate; green Georgia apples
83 50(</ 4 00 per barrel; Northern 85(^ 6.
Onions—63 00(<i*4 00 per barrel.
Ginseng—60(0,65 per lb ; in demand.
Butter—Tennessee 30c; country 26(a)
30e. Eggs 25(^28o.
Tobacco—Low grades 55(o^>6c ; com
mon, 58(565; good, 75(g)90; line, $l($
61 25; choice brands, 61 25(5)1 50.
Iron—Swede 7c; horse shoe iron 7c;
Oity Mills and Pittsburg bar 6c.
Live feTocK.—Cattle—Tennessee, 2l@
4jc; couutry, 2(5*3 J c; sheep—country 2(a)
3lc; Tennessee, 4c; shouts, 5(a)54c.
Mackerel—Half bbls. No. 168.50; No.
2 67; No. 3 86. Kits, No. 1 61 85; No.
2 81 60; No. 3 81 40.
Cheese—17c.
BY TELEGRAPH.
New York, October 31.—Cotton firm;
sales 3157; uplands 18?. Orleans 19f.
Flour-southern, dull and lower; common
to fair extra $7 00(5 67165; good to choice
87 00(567 70(5)69 25. Whisky 92f@94.
Wheat heavy, 2 to Sets lower. Winter
rod western 55 to 61; common, 1 cent
lower, 77 and 79. Rice steady. Pork
unchanged. Lard unsettled; kettle 10J;
Navals firm. Tallow 9)@9j. Oats dull
sales future to day 9950; bales as follows
November 18 5-16@18J; December 18(5^
18|; Jauuuy 18j(519*; Felriary 19‘(5)
190 April 19|(5190 May|20. Money
irregular, closed at 7. Sterling 8?. Gold
12i(5>12t. Governments steady; 4 ad
vance. Sttt.cs dull but steady.
Savannah, Oet. 31.—Cotton in good de
mand aud firm; middlings 17}@172c;
net receipts 2,897; exports coastwiso
1700; sides 2,100; stock 40,237.
Charleston, Oot. 81.—Cotton firm;
middlings 17|c; net receipt! 1162; sales
500; stock 21,346.
Augusta, Oct. 31.—Cotton iu fair de
maud; middlings 17Jc; receipts 1000;
sales 700.
St. Louis, October 31.—Whisky 88J.
Bugging quiet, 171(^18. Pork 612 25(o.
13 00. Lord 9b Bacon quiet.
Cincinnati, October 31.—Pork 812 50
asked. Lard 9. Bacon—demand light
and holders firm; shoulders 7j. Whisky
declining, 88.
Baltimore, October 3L— Flour firm
aud fairly active. Wheat firm. Coro
steady; new white 65(5/72; yollow.G6(5)67.
Pork 14b Bacon firm; shoulders 8.—
Lard 10(0,10*. Whisky 95*^96.
Li vRRrooL, October 31.—Cottou olosed
active and firmer; uplands 9*; Orleans
9|. Shipping at Savannah or Charles
ton 9 b
The Tobacco Crop of Virgtuia.
Fruiu thu D*uviUu(Va.) Register.
Tire tobacco crop bus been cut und
boused, and much of it is already cured.
It has been ail along predieted that tbe
yield of this year would bo inferior in
quality und short in quantity, and now
that it has been gathered iu, the result
only too palpably verifies tbe prediction.
In tbo outset a full crop could not bo
pitched for want of plants; the fields suff
ered severely from drought later iu tho
season; aud now, at tbe critical period,
that great terror of the planter aud fatal
enemy of the weed, tho frost, lias done
its |>nrt toward tha general misfortunes.
Some of the fields ia tlio low grounds
were badly damaged by the frosts some
two weeks ago, but a greater loss than
this was sustained because of the cold
snap, at that time alarming many farmors,
who, taking counsel of their fears, cut
their tobacco green. As well as we cun
gather, a great deal of tbo crop lias been
thus cut before it was ripe, and of course
tbe result will be a largo proportion of
dark und green leaf in market next year,
with a comparatively small quantity of
good working qualities aud bright yellow,
tiomo farmers who wore very fortunate in
pitching their crops early have mado nnd
cured ftuo tobacco, but we tbiuk thoy are
the excoption.
North Carolina-Authors.
A correspondent writes to the Hoannke
Neirn: Has it occurred to you what an
impetus has lieen given to tha cause of
literature iu North Carolina daring tbe
last few years? We have bait volumes of
poetry, notion, sea stories, semi-seientific,
history, theory and medicine. In poetry,
Mr*. Mary Bayard Clarke and Mr. Edwin
W. Fuller bare published volumes. In
fiction, Miss, l'isher, daughter of the late
Colonel Fislier, of lith NT C. Regiment,
who was killed at Manassas, has won a
National name by her two novels, Valerie
Aylmer and Morton Honse—the former
thought to be the moat successful. Cap
tain J. N. Msflit of Wilmington, N. C,
has just published bis brilliant Nautilus.
H. W. Uuion tickled bis readers with
some theorising, of his own in his some
what d uling "Comet.” Mrs. Spencer
has produced a capital historical sketch in
her Last Ninety Buys of the War. Rev.
C. U. Wiley and another gentleman pnb-
1 i:lu‘,l each a theological volame. Dr.
C. E. Johnson, of Raleigh, prodned s
work on Medical Jurisprudence, I believe
it was. CoL Wm. Bingham has won a
distinguished uamo among teachers by
his Greek and Latin Grammars. If CoL
Clarke should publish his excellent letters
in book fonu, we will then have quite a
variety of reo-Ubic and pleasing books.
In five years we liava liad more contri
butions to our.native literature, anil of a 1
higher order, than were published dnring 1
sli the jesrs prior to the war. With the 1
exception of Dr. Hawks’ History of N. I
C. aud McCries’ Life of James Iredell, 1
we had scarcely a book worth reading I
that was from tho pen of a native.
Mrs. Gaines as a Pensioner.
Mrs. Myra Clarke Gaines is at present
engaged in a suit somewhat different from
disputed land titles. On February 18,
18M), Congress passed a law-allowing Mrs.
Gaines a pension equsl to half tbe pay
per month that Major Genera] Gaines
was entitled to at the time of his death,
which was $200 per month. On motion
of Senator Seward a proviso was inserted
and adootod which declared that the
amount of the raid pension should not
exceed tho sum of $00 per month. The
compilers of tho United States statutes,
on copying the origins] bill, omitted the
lines applicable to ihe proviso. The
Commissioner of Pensions, in "i.k-f-g
ont his pensions, baa always been guided
by tbe terms of tho original manuscript
bill on file at the State Department, sod
refused to allow Mrs. Gaines over $60 per
month. She is now, through her ooun-
sel, contesting the anthority for this
action, claiming that aim is entitled to
S100 per mouth, as provided for in the
statute book.
fllisrtUaneoB*.
c O N T & NT S
OP TkUC
“ATLANTA WEEKLY SUlf,”
rom tiik weu bkdmo
WEDNESDAY, NOVEMBER 1st, 1871.
Pag* 1—Oor. Bollock’* Impeachment—Editorial.
Gov. Bullock’s Resignation—Hi* Reason* There
for. Miscellaneous, etc.
Page ‘4—Book Notice. Dr. Bard. State Mattars.
The GoYeruor Proclaim*—The Brunswick aud Al
bany Railroad Muddle. Some Raacality in Thia.
One Explanation Suggested. Too Much of a Good
Thing. Waa that Seizure Legal ? New Loomno-
tivea. A Suggestion on A* Other Side. Another
Swindling Feature. On* of the Causes of Mr.
Kimball’s Failure. Ia it Ignorance, oris Some
thing Else Aiuiod At? Mayor’s Court. Impor
tant Decision. Sentence Commuted.
Page 3—Sun-Strokes. Adventures With a Fanny
Paper—Singular Effects of Courier-Journal Wit
The Georgia State Fair. What Bard Say* About
IL^War iu South Carolina—An Outrage by Negro
Officials. Appointments of the Georgia Confer
ence, M. E. Church, (North.) Those Bouds! Those
Bonds! Advertisements, etc.
Pago 4—The Ring at Work—The Fight Over the
Organization of tho Legislature. Our Ticket for
City Officers. Tbo Result. Scene* at the Polls.
St Paul’s Church—Rev. G. H. Pstilllo, Pastor.
Thanks. M. J. Atkins Ac Co. Personal. Mayor’s
Court. Atlanta Market*. Resignation of Colonel
Lewis. Elder T. M. Harris. Sun-Strokes. A Cor
rection. State Matters. South Carolina. Th*
Reign of Terror. The War on South Carolin.a
Tbe Chicago Fire, etc.
Page 5—Telegram*. Hard on Pomeroy. Worthy
of Mention. Miscellaneous Items. Brief Sketch
es of tho Democratic Nominees for Mayor and
Council. Georgia Matters. Sun-Strokes. Stanton
aud his Road Bonds.
Page 0—Tyrants and Slaves. Montana. An In
terested Party to be a Judge. Another Unsettled
Item. The Georgia Contracting Company. Sun-
Strokes. Mayor’s Court. Too Much Id Advance.
That Proclamation Illegal. Onr Special Montana
Correspondence—'Tho Territorial Fair. Nashville
—Governor Bullock as a Sleeping Companion. Our
St. Louis Correspondence. Telegraph Nowa, etc. .
Pag* 7—Sun-Strokes. A Dog Captures a Mule.
Our Special Montana Correspondence—Cheap Fer
tile Lands, etc. Snprcme Court Decisions. Bears
Helping Each Other. Stonewall Jackson's Sunday
School. Tho Great Canal. Telegrams, etc.
Pag* 8—Tho Presidency of (ho Senate. General
Grant will not Interfere to Prevent Gov. Bullock’s
Impeachment. Election Items. Telegrams, etc.
W. H. HOWARD. C. II. DOUDVAV
Vi. H. HOWARD & SON,
COTTON FACTORS
AND
COMMISSION MERCHANTS.
No. 3 WARDEN BLOCK, - - - AUGUSTA, GA.
W
E again tender our aerrioea in the Warehouse
business, in all its branches, to .our old pat
rons and planters generally.
Commission for Selling Cotton,
One and a Quarter Der Cent.
All family supplies ordered will be carefully se
lected by one of tho firm, at the lowest market
prices.
Orders for Bagging and Ties will be promptly
Allod, and at the lowest cash price.
Liberal cash advances made on cotton in ware
house. We extend aU the facilities offered by Ware
house Merchants. Consignment* eoMcIted—«*tto-
aotlQQ guarantee. aug‘ilw3p >
A Good Chance
FOR A HOME.
I WILL SELL BEFORE THE COURT HOUSE
door, iu tho town of Nawnan, in Coweta coun
ty, on the FIRST TUESDAY IN NOVEMBER NEXT,
it being the 7th day of tho month, bvginnlng at 10
o’clock, and continuing until all are sold, my laada
lying iu tho Fourth District of said county, knowu
a* the
“ HARDER P LACE,”
CONTAINING
NE THOUSAND ACRES
ho said place is well watered, and wellltinbered.
First. ONE HUNDRED ACRES, upon which arc
situated tho dwelling house, a nest frame building
with five rooms thoroughly coaled, with glass win
dows, and substantial rock chimneys,—with e gar
den well enclosed, itself containing near three acres
—and capacious Gin Houye witli Screw, and now
r small farms of FIFTY’ ACRES each.
the boundaries well definod.
I will toll on the following terms :
ONE-FOURTH CASH ; ONE-FOURTH IN ONE
YEAR ; ONE FOURTH IN TWO YEAR* ; TUK
BALANCE IN THREE, WITH INTEREST FROM
DATE OF RALE.
Upon any and aU these payments except the first
I will take cotton at Fifteeu Cento per pouud, (I mean
good merchantable Cotton such as is usually mild in
this market) delivered at Newnan, Georgia.
YOUNG MEN—Honest and ior *
others have now au opportunity U
pay for thorn, by their own labor.
Persona desiring more than oift tract can have the
privilege of purchasing additional parcels. I shall
so sell that persons buying ran purchase adjacent
tracts.
This Und will positively be eold on the day thus
advertised.
Any information can be had by applying to me, or
Hiuton P. Wright, at Newoaa, Ga.
W. F. WRIGHT.
auftt-MonhWeeklytlstNov. Newnan, Ga.
Npeeial Notioe.
Tickets to the Fair at Montgomery.
« Auauuc uauroaa ror ume sake for five days,
commencing to day. Passengers should try this
new and pleasant Route to Montgomery, th* only
route from Atlanta having Pullman's Magnificent
Rle-ptng Coarhee—Itee same an other *>«*»*.
B. W. WltKNN,
General Ticket Agent.
•f Foe fioh<dula and intormation of the Route
•PPly to K. V. JOHNSON.
Blue Moantain^ftcmte,
ocUOAt No. 4 Kimball House.
00,000 DOLLARS
TO LOAN,
A T seven per cent, for six months or louger, on
Gold Collateral.
Tarts e wishing to borrow had host apply prompt
ly to
CliAS. J. JENKINS,
Casluar Merchants’ and Planters'