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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'