About The Atlanta daily sun. (Atlanta, Ga.) 1870-1873 | View Entire Issue (March 21, 1872)
Alexander H. lUpkixa, J. Ilenly lulth, Alexander U. Stephens, Political Editor. A. K. Watson, - .News Editor. J. llenlv Smith, General Editor and Bus! ness Manager. Traveling Agents i E. NIL HUT, Social Cixcut, Ga., General Traveling Agent. i. M. W. HILL. THOMAS C. BBACKWELL. Agents fsrTke Snn, J Ait KM Al.LEM BMITH, KnOXYiUe, TSML J. I- Wright, Woodstock. Oa. J. U. Caldwell, Thomson. On H. C. Hamilton. Dalton, Go. j‘. C. Panham. LaOrange, Os. K. Q. Williams. Union Point. 1 A. A. Bell, Athens. Oa. Terms of Htsbnoriptlon * SAXZiVi . Hiovle Copy Per Annum flO 00 « •• Six Months 6 00 •• a f or i ieee period than Six Months (per mouth) 1 00 CLUB8 FOB THE DAILY. Three Copies On# Yasr VI 00 Four •• “ •• 85 00 Pira « 00 dght *• *• “ 68 00 Tan Ktfag’ls Cap In Three Copies 6 00 One Hundred Copies... 66 00 _ 1*6 00 WEEKLY-SIX MONTHS. Single Copy. 1 00 Three " 60 Twenty “ « 00 One Hundred Copies, Six Months.. Hi ag- la Cap In . 84 00 66 00 3 Cenli. by tha Press of Atln 1 8|S|*|S|8|S|S|8ir O |8 18 18 IS 18 |! 3 | S 13 1S 1 g mint i 18 IS 18 18 IS f |st |3 |S |S |S 81818 18 S 18 IS 18 S3 | S» j S j !2 8|S|s]i *M s li Sl-Hiliii! 8181818 8|g |8 iPiaisiaia I li IIII tmmi limit !l±l:t a l i g i i i i !} a e f| j ■s t •‘Special Notices,'' *0 cents per line for the first Insertion; 10 cents for each iubsequont Insertion. Advertisements inserted three times a week. 16 par cent, off the table rates above; twice a we«*k, 26 per cent off the table istes. foregoing schedule of prions, and will be governed by them in the future. W. A. HEMPHILL A CO., Proprietors of the Constitution. 8. W.. GRUBB. Business Manager, oi the New Era. J. HZNLY SMITH, Msnagor. Of The Atlanta Sun, Bmlroab ffiime Sabir. k ATLANTIC (Ok STATE) EA1LBOAD. NIGHT FASSENOEB TBAIN—OCTWAMD—FAST LINE TO NEW YOKE. Loaves Atlanta. Arrives at Chattanooga. DAT PASSENGKI Loaves Atlanta Arrives at Chattanooga.. 11;10 p 8 0:18 a li , TBAIN—OUTWAIU). Arrives at Atlanta.. 1.30 a r PAHKKNOKK TBAIN—IN WAND. Loaves Chattanooga... Arrives at Atlanta.. . 6:30 a 1 1:00 pi ACCOMMODATION TRAIN—INWABD. IiOaves Dalton j Arrives at Atlanta 10 i ,K) * 1 ■ TH* GEORGIA (AUUUHTAI BAILHOAD. (A’o Day Train on Sunday.) Night Passenger Train arrivos., 8tone Mountain Accommodation arrives.. .8:06 a. m Stone Mountain Accommodation leaves... .6:35 p. m MACON AND WKSTEBN BAILHOAD. On and after Bunday, December 17, 1871, trains will run as follows: Dsy Passenger train leaves.. 2:00 a. m 7:10 s. m 1:48 p. m 7:30 a. m 1:10 p. m . 5 ;85 p. m Leaves Macon.. Day Passenger Train arrives.. Arrives atMacou Night Passenger Train lcavoa.. Leave* Macon * •■ - Night Paaaonger Train arrives ™ :50 p. Arrives 6:10p ATLANTA AND WEST POINL BAILHOAD. Night Passenger Train arrives 6:00 a. m Night Passenger Train leaves 7:00 p. m Day Passenger Train arrives 8:00 p. m Day Passenger Train leavee 6:50 a. m ATLANTA AND RICHMOND AIM-LINE BAILHOAD. Leave Oainesvillo 6 A. M Arrive at Atlanta. 10 A. M Leave Atlanta Arrive at Gainesville 6:42 P. M. Memphis and Charleston Railroad. W. I. i TIMS TABLE ( . Axebs, Agent, Atlanta, Ga. r THE MEMPHIS AND CUABl.KSj.OB B. B. OOINO west: Morning Express leaves Chattanooga Arrivesln Memphis, , 6:80 AM i d*y....TT 10:15 PM Mail Train leaves Chattanooga 8:00 P M Arrives in Metnphls. next day 12:15 P M com no east: Morning Express leaves Memphis 10:20 A M Arrivesln Chattanooga, next morning 6.-00 AM Mail Train loaves Memphis 19:10 A M Arrives in Chattanooga, next dsy 600 P M Atlantic and Gulf Railroad. 1 ,1 ROM Bavaunah. Ga., via Albany, Jacksonville 1 and Tallahassee, to Quincy, Florida: Leave Savannah daily 10:16 M Arrive at Albany dally J « iJ Arrive at Jacksonville daily 1:46 P. M Arrive at Tallahassee daily (Sundays oepted Leave Tallahassee daily (Sundays excep- . 7:85 P.M t*d).. Leave Jacksonville dally.. Leave Albany daily Arrive et Savannah daily.. auf7 ..10:60 A. M ... 8 P. M 8:«fP. M 6:26 A. M SELMA, ROME AND DALTON R. R. TRAINS DAILY, SUNDAYS INCLUDED. Leave Selme 8:42 a. m., 3:16 p. M. Arrive at Rome 6:41 p. M., 1:46 a. m. Arrive at Dalton 7:40 p. M., 3:60 a. m. Leave Dalton 7:60 A. M., JB:2Q p. M. Leave Rome Arrive at Selma .. 8:10 P.M., 0:44 a.m. Macon A Augusta Hailroad. DAY MEDMBB TBAIN D ILY, SUNDAYS KXPBOTBD. Leave Augusta at.... Leave Macon at Arrive at Macon at.... Arrive at Auguata at. 12 oo M. 6 00 A. M 7 40 P. M 1 46 P. M We.tcrn Hailroad of Alabama. U»»e Helm. JO® * J{ Arrive at West Point 11:63 A kP Leave Wast Point 12:20 P M urive at Montgomery if 40 A M .*.*.*. ’.V.V.l’.V.V.V. 12:30 P M Atlantic and Gulf Hailroad. EXPRESS PASSENGER: Leave Savannah Daily et 5:00 P M Arrive at Jacksonville •• 760 A M Leave Jacksonville 8:J0 P M Arrive at Savannah ••••*' 11:24 A M ACCOMMODATION TRAIN. Leave Savannah, Saturdays excepted, st 11:00 P M Arrive at JackeonviUe •• ? 5 Leavo Jacksonville *' 8:30 AM Arrive at Savannah, Mondays excc|>ted, at 2:46 A M MACON PASHENGtlt. Leave Savannah, Sundays excepted, at 7:00 P at Arrive st Macon, Mondays exceitied, at 6:60 A M Leave Macon, Hundavs excepted, at 8:30 P M Arrive at Savanuah, Moudays excepted, at 8:00 K M Clnee connection at Macon, both ways, with Macon «n<1 Wet-tern Hailroad trains to and fror- 1 Atlanta. rheumatism Linch’s Anti ■ Rheumatic I THE ATLANTA SUM KDAILT and WBXKI.T ‘A Lire H»i»r m Ur. late.. VOL. II. THE DAILY SUN ATLANTA, QA Thursday Morhino, March 21, 1872. ATLANTA, GEORGIA, THURSDAY, MA.K0H 21, 1S72. SUPREME COURT DECISIONS. Delivered at Atlanta, Tuesday, Mar. ID, ’72. Morrison, Heard & Oo., yb. E. O. Ponder, et aL Equity from Fulton. WARNER, 0. J. This was a motion mode in the Superi or Court to distribute the sum of $3,476 from the sale of one-half of a lot in the city of Atlanta, sold nnder the order and decree of a court of equity, as the pro perty of Ponder. By the written consent of the parties, both the facts and the law were submitted to the Judge of the Superior Court iu lieu of a jury upon an agreod statement of the facta. On the hearing of the cose, the main question between the contesting parties was in relation to the lien of the attor neys who had brought the money into Court under decree, and a judgment creditor of Ponder. The oourt decided that the sum of $1,500 should be paid to Calhoun & Son, as well as certain specified fees to other counsel in the case; bnt os no complaint was made in this court as to the allowance of attorney’s fees, except as to the fee of Calhonn A Son, our judgment will be confined to their claim. It appears from the facts disclosed by the record that in the year 1861, Ponder employed Calhoun Sc Son as his original counsel to institute on action for divorce against his wife, Ellen Ponder, and to file a bill on the equity side of the coart to set aside a deed made by Ponder to his wife, embracing a large amount of property, mostly slaves. The complain ant contracted to poy them for their ser vices the sum of $260, certain, and the sum of $2,500 on condition that the liti gation should bo determined in liis fsvor. The litigation continued about ten years, and by the results of the war, all the property was lost except the city lot in the city of Atlanta. In January, 1871, a decree was tuken by the consent of the parties litigant, that the city lotsbould be the joiut prop erty of the complainant and defendant, and that the same should be sold, and the proceeds thereof, after paying costs of suits, etc., should be paid, ono-hulf to the counseled the respective parties, to be by such ‘counsel paid over to their re spective clients, subject only to such liens for the fees of all counsel concerned, may exist by law, or may be usually recognized by Courts of Equity. The liens of counsel shall, until the snlo, be in full force against the land itself. In November, 1870, Morrison Heard A Co., obtained a judgment against Ponder in the District Court of the United States for the sum of $2,450. After the decree rendered for the sale of tho lot, (to wit, in Fobruary, 1871,) Ponder, aDd Calhoun A Son had a settlement in re gard to their fee, by which they agreod to give up to Ponder his original obliga tion to pay the conditional fee of $2,500, and took his note for $1,500 as the amount due them for their services os his counsel in the divorce and equity coses. What is the law applicable to the facts disclosed in the record? The 1970 sec tion of the Code declares that the Attor ney’s lien shall attach for liis fees upon all property recovered by his services,and shall be superior to all other liens tlioro- on. The one-half of the city lot wa- re covered, and the proceeds of the Hale thereof was hi ought into court by the ser vices of Calhoun A Son, the original counsel in the case; and the decree of the Court of Equity which vested the title to the one-half of the lot in Ponder, ex pressly declares that tho lions of counsel shall, until tho sale thereof, be in full force against the land itself, and conse quently was a lien ou the proceeds oFthe sale of the laud. When the judgment creditor obtained his judgment against Ponder, the latter had no interest in the lot which could have been levied on and sold as the prop erty of Ponder. Ponder’s interest in the property occurred only from the date of the decree, and that interest was sub ject to the lien of tho attorney’s fees, and the judgment creditor of Ponder bas no greater or better chum to the pro ceeds of the sale of tho lot than Ponder himrelf had. Ponder took tho one-half of the lot under the decree subject to the attorney’s lien for the fees due them, and his judgment creditors are in no better condition than Ponder. The at torney’s have a superior lien on the land and the proceeds of the sale thereof for the fees due them for services rendered in recovering the property, either as against Ponder or his judgment creditors. The only remaining question is, whether tho evidence disclosed by the record is sufficient to sustain the judg ment of the Court in awarding the sum of $1,500 to Calhoun A Son for their professional services in the two cases in which they were retained by Ponder ? Tho evidence is, that they were his origi nal counsel, drafted the libel for divorce, and the bill in equity, in 1861, and have rendered services in the two cases ever since, a period of about ten years; princi pally made out the interrogatories for one side, and crossed them for tho other side, carried on the correspondence with the complainant,and counseled and conferred with him at all times when called on; besides, there is the written contraot of Ponder, promising to pay them $1,500 for their services in the two cases. There is a disclaimer of any fraud or collusion l*etween Ponder and Calhoun A Bon, to defeat tho claim of the judg ment creditor iu taking the note of Pon der for the $1,500, in February, 1871, aud no evidence was offered lo shosr that their services were not worth tbst amount. The judgment of the Court, therefore, allowing them $1,500 for their professional services in tho two cases, cannot be said to be so strongly, and de cidedly, against ^the weight of '-In evi dence as to authorize this Court to set it aside and order a new trial. Let the judgment of the Court below be affirmed. Clark A Spencer, for plaintiff in error; L. E. Bleckley, L. J. Glenn, J. M. Cal houn A Bon, contra. Geo. T. Fry ys. M. B. Lofton. Ass imp ait, from DeKalb. WARNER, C. J. This was an action brought by the _ plaintiff as an attorney at law, against msncntiy, tiixu *u oiher remedies ersr known to ihs {j^ defendant for professional services. the particular law case, aud (ho other was ou an account staled. Ou the trial of the case, tho jury found a verdict for the plaintiff for the sum of $557 27. The court below set Midi tho verdict and grauted a now trial: whereup on the plaintiff excepted. It appears from the lecord that the plaintiff testified that on tho 9th day of August, 1870, James B. Lofton, the do fendaut’s intestate, died, leaving tho de fendant his executrix and principal lega tee; that soon after tho testator’s death and burial, the defendant employed the plaintiff to counsel and advise her in the winding np and settlement of the estate, for which service he told her be would not cliargo exceeding five hundred dol lars; that he rendered services in having the will admitted to probate, both iu common and solemu form, went to her house to counsel and advise her, etc. In a short time the parties disagreed about the fee to be paid, and the de fendant notified the plaintiff that she did not desire his services any longer, where upon this suit was instituted. The plaintiff was not entitled to recover on the alleged special contract, bccaui tho suit was instituted before the expira tion of twelve months from the time of tho defendant’s qualification as oxecu- trix, the shortest time within which the estate could have been settled and wound np according to law—the suit having been instituted on the 27th of August, 1870, and the testator died on the ninth day of the sumo month—according to the plaintiff’s evidence. Although tho plaintiff was entitled to recover on the account stated for his professional services rendered the defend ant up to the time of his discharge as her attorney, whatever amount thoso services were proved to have been worth, the legal difficulty in the way of sustaining the verdict of that court in the declara tion, is the fact that the evidence in the record does not show what those services were worth. It is not sufficient to entitle tbo plain tiff to recover, to prove that lie has ren dered professional services to the de fendant; he must prove what those ser vices were worth. There being no evi dence os to tbo value of the services ren dered, there was no error in tho court below in setting the verdict aside and ordering a new trial. This was not such a contract for a feo in the case as would authorize the plaintiff to recover ono- half of five hundred dollars as a retainer under the provisions of the 441sfc section of the Code. Let tho judgment of the court below be affirmed. E. N. Broyles for plaintiff in error ; Hill A Candler, contra. J. H. Porter vs*Lively AMcElroy. Levy from Fulton. WARNER, O. J. On the 10th of March, 1871, an execu tion was issued on an affidavit made by Lively A McElroy, tho owners of a steam saw mill, to enforco alien for lumber sold and furnished to one Mobley, of tho value of $62.92, which lumber was.to fence and enclose the place, and build a stable or cow bouse on the lot upon which Mobley then resided and claimed as tho owner; that tho money was duo for tho lumber since the 10th day of May, 1870; that demand had been made for the payment of the same, which was refused, but does not state on whom the demand for the payment of tho lumber was made and re fused, nor does tho affidavit state that the plaintiffs* steam sawmill is located in the State of Georgia. The execution was levied on the prop erty described in the affidavit by the Sheriff. Afterwards an affidavit was tiled by Porter, claiming to bo the owner of tho premises on which tho fixtures were erected with the lumber furnished by the plaintiffs to Mobley, denying their lien for the following reasons: that Mobley held the premises under a bond for title from him; that he is tho owner of the samo, that no part of tho purchase money therefore had been paid, that about the 1st December, 1870, the con tract for tho sale of the land between him and Mobley was rescinded, he tak ing up his bond, first paying to a party to whom Mobley had pledged his bond, in the sum of $592.95, when Mobley gave up to Porter all right and claim to tho premises. On the trial of the case it was agreed by the respective parties to submit tho questions involved in it to the presiding Judge without tho interventiou of a jury. The counsel for Porter made a motion to dismiss plaintiff’s affidavit, because it was not nlleged therein that their steam saw mill was located in the State of Geor gia, and because the affidavit of the plain tiffs did not state on whom tho demaud for payment was made. The Court overruled tho motion to dis miss plaintiff’s affidavit, and on motion of plaintiffs counsel dismissed Porter’s affidavit on the ground that lie had no right to arrest tho proceedings under the plaintiff’s ft fa. in tho manner which he sought to do, whereupon tho defendant, Porter, excepted. Tn our judgment, the plaintiffs should have made a demand for payment for the lumbor, uot only of Mobley, to whom the lumber was furnished, but also of Porter, tho assignee of Mobley, if he was in pos session of tho premises on which the fix tures were erected with their lumber which had not been paid for, and should have alleged a refusal to pay for the sumo on the part of both. As these summary remedies are to be strictly construed, the plaintiffs should have alleged in their affidavit that their steam saw mill was located in the State of Georgia, inasmuch as the lieu is only given to the owners of steam saw mills located iu this State by Act of 1868 and the amendatory Act of 1870. If a demand had been made on Porter for payment of the lumber, aud payment had been refused with au aver ment that he was iu possession of the premises, then he would have been a proper party to have made a counter affi davit contesting the plaintiff’s lien. Let the judgment of the Court below bo re versed. Newman A Harrison for plaintiffs in error; C. F. A kora contr John H. Gavan vs. John Elsworth. Case from Fulton. McCAY, J. Continuances are in tho sound discre tion of the Judge, and this Court will not interfere with that diicretion, unless it has lieen abased to the injury of tho party complaining. POWDERS. 7K>B T4IK last thirty years i hate j umiI them tn uiy private practice, and for the last 20 years have occasionally publiabed them to a limited extent, and 1 will venture the aeaeruon the! they have cured more varietica of Uheumatiam. per- profession. • and prompt J40. GIBSON. Court merely because the facts are stated iu the bill of exceptions. The testimony of a witness, iinco de ceased, given before the magistrates on a commitment trial for an assault with iuteut to murder, may bo used against the defendant in a civil suit for damages by the person injured. The verdict of tho jury is sustained by the evidence in this case, and as the Jndge below has refused a now triul, this Court will uot interfere. Judgment affirmed. Thrasher A Thrasher, for plaiutitt in error; L. J. Gurtrell, Henry Jackson A llro., contra. The Georgia Railroad and Banking Com- pauy vs. John W. McCurdy. Case, from Fulton. McCAY, J. When a railroad company, by its agents, takes the faro of a passenger to a particular station on its road, it is bound to stop at that station that ho may get off tho cars. It is not sufficient that the speed of the cars is slacked; and if, nftcr passing the station, the speed of the ears is agaiu slacked that the passenger may get off, and under tho| direction of the conductor. does get off, aud iu so do ing gets injured, the company is liuble. It is not want of ordinary care if a pas senger was prudent, by the moans which a company uffords him to get off the train. Tho jury aro the proper judges of the quantum of damages in an action ou the case against a railroad company for inju ries received by passengers, and this Court will not overrule tho Judge below iu refusing a new trial for excessive dam ages, unless tho excess bo manifest and ■ess. Judgment affirmed. Hill A Candler, Hillyer A Bro., for plaintiff in error; L. J. Winn, contra. J. H. Lovejoy A Co. vs. A. G. Chisolm. New trial, from Fulton. McCAY, J. Where A brought au notion against 13 on a promissory note, for tho value of a ling of cotton belonging to A, but ap propriated by II to bin own nse, and 11 pleaded tho general issuo and that the note was given for money won at cards by B’s patner, and it appeared in proof that the note was in part for money won at cards, and that more money had al ready been paid on tho note than was duo upon it after deducting the gaining consideration: Held: There ^cing no plea of set-off filed, that the jury could not apply the money paid ou the note to tho discharge f the debt duo for the bag of cotton. Judgment affirmed. Hill A Candler for plaintiff iu error; L. J. Oartrell, Henry Jackson A J3ro., contra. Cohen A Menko vs. Southern Express Company. Case, from Fulton. MONTGOMERY, J. 1. This cose must be controlled by that of the Southern Express Company vs. Shea, 38 Georgia, 619, in which it inlaid down that “when a common earrior ro- ieives and receipts for goods to be trans ited beyond tho terminus of his own iue, ho undertakes to transport the goods to tho point of destination, either by himself or competent agents, and if tho goods are lost beyond tho terminus of his own line, 1m w ill-be liuble there for. The owner of the goods cannot hold such agents liable on tho contract of bail ment. Judgment affirmed. 1\ L. Myuatt for plaintiffs in error. A W. llammond A H^a, contra. Harrison Westmoreland vs. tho »S*ate. Assault with intent to murder, from Fulton. McCAY, J. 1. An opiuion formed and expressed from hearsay us to tho guilt of tho uc cased does not disqualily a juror from trying tho case. 2. It is no ground for challenge to the array that some, of the jurors were sum moned by a bailiff,in attendance upon the Court, and under its direction, unless the defendant shows that his is in somo way prejudiced thereby. 3. That a witness did not hear all of a conversation of defendant about which he is called to testify, is no ground of objection to liis stating so much of it as ho did hear. 4. Tho defendant cannot give in evi dence his own 8tying ns to when a cer tain injury was inflicted upon him, and who inflicted it, mado to liis physician two or three days after the perpetration of tho act for which lie is indicted. It is uot error in the Court to refuse to charge: tho jury that if they have a reasonable doubt as to the sanity of the prisoner, they should ucquit. Whore he charges them, “If, after acarefnl sur vey of all tho testimony, you liavo a reas onable doubt of the defendant'll guilt, you will ucquit him." 6. A juror’s affidavit will uot be re ceived to impeach his own verdict. 7. Mere information to a jury that u bet has been made by a named person to the result of their verdict, without more, is no ground for setting tho ver dict aside. 8. Misconduct ou tho part of the jury, while they have the case under conside ration, from which injury might have re sulted to tho defendant, throws tho bur den upon the Shite to show affirmatively that no such injury has resulted. In this case, the State has done so. 9. The verdict in this ease was not coutraryjto law, nor tho evidence; neither is the charge of the court inapplici the facts. Judgment affirmed. Oartrell & Stephens, Hill & Candler, T. I\ Westmoreland, for plaiutiff in error; J. T. Gleuu, Solicitor Gem rul, and A. W. Hammond A Sou, contra. TE LEQRAPH NEWS. By the New York Associated Press. WASHINGTON. Washington, March 20.—Nothing is going on among the Louisiana factions gathered here beyond smoking and drinking. The argument in tlicKu-Klux case was continued to-day iu the Supreme Court. Tho argument in tho preliminary case was closed, and tho Court will deoido to morrow upon the dismissal of tho oase upon technical grounds. Should the Government be defeated upon the plea for dismissal, the case will bo argued uj>on its merits to-morrow. VOItTY SECOND CONUIIE9I. SENATE. The Chicago relief bill was discussed all day. Several amendments were of fered and rejected, when tho bill passed us originally reported. HOUSE. A resolution inquiring the names of, and the amount paid to, newspapers pub lishing the laws was adopted. The bill bridging the Ohio River passed. It requires all bridges above the mouth of Big Sandy to have one span not less than ninety feet in height above low water and forty feet above the high est water, nnd all below that noint to have one span not less than one hundred feet above low water and forty feot above tho highest water, and all below the Covington and Cincinnati suspen sion bridge to have, in addition, to such high span, a pivot draw giving two clear openings, of 160 feet each. The Postoffice appropriation bill passed. The amendment increasing the subsidy to tho Ban Francisco und China rniiil line failed. Probabilities. —Tha bnrometor will continue to rise very generally; on Thurs day coat of the Mississippi, with west to uorth winds, aiul continued clear and cold weather; it will fall over the north west, with winds backing southerly, and gradually extend to tho Ohio Valley and over the upper lakes. Tho brisk and high northwesterly wiuds over tho New England uud middlo States will probably diminish in foroo oil Thursday. Dan gerous winds aro uot anticipated for tho Gulf and Atlautio coast, excepting the brisk aud high northwesterly from Cape Ilatteras northwestward. cable to NEW YORK. ,n Emigrant Hwlnrtlrr Sentenced—An other M*Un Eurrybaat Selaeil—The Krle Trn 11 •actions—Who Own* | tha Erie Shurc*. New York, March 20.—Tho emigrant swindler, Edwards, has been sentenced to tho penitentiary for five years. Another Staten Island Ferrer steam boat has been seized to satisfy suits growing out of the Westfield Horror. It is believed that tho reoont orders for rie shares came from England, and that but ono-eight of the stock is now held in this country. The Tribune’s Washington corres pondent says Judge Davis’ letter of ac ceptance oi tho workingmen’s nomina tion is a forgery, concocted by a newspa per correspondent. At a meeting of the Directors of tho Erie Rood, the report of Superintendent Rucker was made, showing that tho con dition of tho road is good. A ?onn of $1,000,000 from BischoflUeim A Gold- schmidt of Loudon, has been accepted. Governor Hoffman has signed tho bill repealing the Eric Classification. The Brooklyn house painters are on a strike. Tho police are protecting the non strikers. Twenty thousand dollars worth of wool was burned on the brig Henry DuPont. Seventeen additional small pox cases wero reported yesterday, six of which were concealed. Palo dcBarnabi, the new Spanish Min ister, has arrived. A lady died iu a dentist’s chair to-day from the effects of laughing gas. The Tichborno claimant is uuublo to obtain bail, and (has been remanded to jail. The Dusseldorf Towu Council Hall, and tho world-famed Academy of Arts have been burned, together with a num ber of valuablo pictures. Minister Bchenck was among those jected from the House of Commons last night, during tho oxcitoment over Dilke's resolution. The declaration con*ained two counts, one an alleged social contract to pay him five hundred dollars for his sen ices iu kill wunimiiiiun. When the witness of one party has been examined by both sides und has left the stand, the other party hits no right to re call him that ho may cross-cxamiuo him upon a fact stated. ’ If lie pleases he may recall and examine him as his own wit ness. . A ground of * rror not distinctly fc«t forth and excepted to in the bill of ox- i coptioas, will uot be considered by this Anerdote of Col. <'oil. Tlie following story is toll of Colonol Samuel Colt, who in Iris lifrtimo wan ■omr-timea inolinorl to be a trifle pom pon. Wnen lie «M building dwelling liousei for tbo workmen employed in bin gre t pistol factory, be one day encoun tered a boy picking up chip, on bis ground.. , , , ••What arc yeti doing here? lie Baked gtuflly. ... .. “Picking np chip., nr, replied the youngster, evidently imawed by the great prcncncc. "Perhapo," exclaimed tbo Colonel, drawing himself np with dignity, “you don’t know who I nxL I .in Colonel .S.nuiu-1 Colt, nnd live in that big house np vender,'’ The boy straightened up, .wi lled oat and answered: “Perhaps yon don’t know who/am. I'm Patriot'Murphy, and I live in that little ahanty down yonder,” pointing in the direction. “Sonny," .aid the Colonel, blaniUy, p itting the boy ou tho lend, “go and pick np all the chip, von w.nt, and when you get out coiae back for more." ALABAMA Another Ncwapapcr Libel Halt. Montgomery, March 20.—John G. Stanton has brought suit in the United States District Court for this State, against tbo editors and proprietors of the Montgomery Advertiser for the sum of $100,000 for libel, the summons made returnable tho fourth Monday *n May. The defamatory language is alleged to consist iu the charge that Stanton had at- t> mpted to rob aud defraud the State, and obtain money aud other personal property under fulso pretenses. RHODE ISLAND. 1'olltlct Ilk Little Uliotlx. BhoTIPOTi R» Li March 20.—Tho Democratic Convention nominated Olucy Arnold for Governor. After some debate upon tho propriety of sending delegates to a National Convention, not yet called, delegates were chosen to tho Democratic National Convention, if one is held. No resolutions were adopted. A central committee was appointed and tho Con vention adjourned. MISSISSIPPI. Intcrcrilng Legal Drrl*fott«. Jackson, March 20.—Tho Supreme Comt has decided that payments by rail roads to the Stato during the war in Confederate money were illegal, and the indebtedness must bo naid iu green- bucks. Some roads owe largo sums, and this decision w ill relieve the State finan cially. The Court also d< cided that citizens arc not rviponsildo Ifor cot'on destryed by order of the Cou fedora to military au thorities. k-6-4 MARYLAND. Diet! of the Kinall-IMt. 13altimorb, March 20.—Win. Schley, a lawyer, died in the Marino Hospital of biiiull-pox. Ho was 72 years of age. PENNSYLVANIA. Anolhar Hotel UarneU. Altoona, March 20. - Tho Logan House bos been partially burned. Lobs | $60,000. NO. 571. ENGLAND. Rngll.h Polltl... London, March 20. —Sir Trover. Twim ha. resigned his oflioe aa tb. Queen’s Advocate Qeneral. A meeting was held in London yeater- day to take preliminary step, for organ ising n copyright association, with the object of protecting anthom and pub lishers. Sir Charles W. Dilke'. resolution to in vestigate,tho expenses of the Crown, cre ated intense excitement in the House. Herbert, who seconded the motion, de clared he preferred a liepublic to > Mon archy. The vote stood: yeas 2; nays 274. Gladstone, replying to questions in the House, said Parliament would be in formed at all times of tha spirit, aim, direction and polioy of the Government on all important questions. As far as tbo Alabama claims were oonoerued, he believed the speech of Her Majesty on the opening of the session gave all nec cssary information. Gladstone, in eon eluding, ssid it would be impossible fur the Govemmeut to delegate to Parlia ment the power of making treaties. jYctD 'JUtuettieenunts. A REWARD OF $500 Will be Paid for the Arrest of H. 0. Hoyt, W HO E8CAPKD LAST NIGHT YBOM Guard. The prisoner 1* fair-haired, oyod, in feeble health from recent aiekneaa, ia about 6 feet 7>« inches high, weiuha about 130 lbs, had beard, tod apeak* with a Yankee accent Tho abort reward will be paid for hta arreat and delivery to me, or where I can get him. W. D. BROWN, Deputy Sheriff Fulton Oonuty. Atlanta, March 20, 1872. m21-tf Great Wonder of E Century A LIVE^ROOSTER WITH BIS HEAD OUT OFF No Humbug, No Trick T ins FOWL HAD HI8 HEAD CHOPPED OFF ou the 6Ui of March, 1872, aud wae thrown in the kitcheu to be picked, aud when tho cook attempt ed to handle him, ho commenced crowing and baa kept it up ever since. Tho followlngBertlflcate from the Hon. B. 8. Hef- ltu, member of Congress from tbs Third District of Alabama, and Judge of the Circuit Court, will eatiafy the public that this Fowl ia really living aud crowing without a hoad: STATE OF ALAUAM A-RANDOLPH CO. TUit it to certify that I am well acquaint'd with Of. For rater, who rtudat in laid county, alto the Owner at the remarkable Living Fowl, this day told to Mr. E Ore. 1 fwrthtr certifyOutt l taw (AG /b*el a jtardayt after hit head wot cut off, and hoard him ' ..dfrifnrV lest than twenty-two timet between the houn of two clock, p. m., and na o'olook, a. m., Friday { Ihe^ IMA o clock, p. tn., and n» o oiocu, a. m., onaay, me iw■ imtant. Tv the bnt cf my knowledge and belief, thU Fowl had hit head chopped off on the WA qf March, 1872. R. S. HEFLIN. On Exhibition on Marietta Street Aduslaalon 0* ostiU m'Jl-tf a. H\ jftoAin. Auctioneer. Valuable West Eud Property at Auotion THURSDAY, 21st INSTANT. X WH.L SELL. »t a o’clock, r. m., .a the prrmlnM, ucar tormimiH of Street Railway at West End, •lb Lota woll situ bted for huaiuesa or reaideuco. l*ar- tloN attending the aalo will bo carried aud returned free by Street Care. O. W. ADAIR, tuftKat Real Estate Agent #10,000 -OF- t'rockery, China and Glassware Camps, tec., TO UE SOLD AT WHOLESALE AND BET AIL, AT O OST. No. 47 Peachtree Street, lor Cash. \R I will soil my etock and good will to any one J wialii ng to go into the buaiuess. Also, $15,000 of city property for sale on easy terms. Capitalists who wish to invest in either, would do woll to oall ou T. R. RIPLEY, Or G. W. Adair, Real Estate Agent. ?b24 .rot the 10,000 jnijrtt am.rs THAT WEBE WAHTED ; EOT THE Wool, Beeswax and Hides N u THAT ARB WANTED. MW UPON TilK CLOSE OF THE Fur Season, I return thank* to my many pa- irons and correspondents for their favors. 1 trust 1 lirve given latiafactlon to all. I believe I have Paid s a Higher Price For Furs sent me than could have been obtained at any other Iloueo in the South. 1 have not made a fortune—have not mado enough to retire from business upon. With frugal manage ment, I have made a fair living for the time being; but I muot continue to labor. After the let November next I hope to be with you agein in the Fur Trade; but in tho moauttmo I wish buy ail the Wool, Beeswax & Hides You or your friends may have to dispose of, [to be delivered in Opelika,) at as good prices aa other in terior markets. Now to all the readors of Tuk Bun: What do you say to selling me all your Wool, Beeswax and Hides from Uiia time till the Fur Season comes again T BERTRAND ZACUHY. The Kmfobium, North Railroad Street, m20 Opelika, Alabama. llVff. .'I.U'HIC, Painter asset Decorator, O KKICE .bur. W. O. Ink’.. Whitehall itrat. turn* thanks to hie Old patrons for former favors, and hopes by attention to boainees to merits continuance of the same. ap26>ly iiougias County Sherill's sate. W ILL be aoid before tho Court House door, in Dooftaaville, Douglas cuuuty, within the legal hours of sale, on the 1st TuceJay in April next. Tot of Und No. 44, 1st D.atrict, 6tli section, Douglas county, levied oa to satisfy tar it. fa. in favor of M. D. Watkins, T. O., against W. M. Bartlett. Also, loU of laud 1011), 034. 024, 18th District, 2d Also, lots of Und 1019. 981, 024, 18th District and 2d section, Douglas county, to satisfy tax fl. fa. against A. 8. Atkerson, trustee of M. A. Alkcrsou sod J. M. McDonald. Also, lots of laud 1010, 984, 024, lbth District and %\ sei-tion, Douglas county, to satisfy tax 8. fa. Rgauiat D. M. Dunwoody, trustee foe C. X. Dun- woody. Also, lots of laud 1019, 984.924, 18th District end 2<! section, Douglas county, to satisfy tax fl. fa. against A. J, Hanaell, trustee for M. L. McDonald. Levied by M. A. Gore. J. C. JAMES, ohS-td Deputy Sheriff. G KOlft UIA - -T ALiar xaao County. —Application for leave to sell. TjlUUR WEEKS after date application will be I r to the Court of Ordinary of mid connty for eave to sell a portion of the rent estate, beiongfr lothe estate or Htephru Stephens, late of said cou lydeceased. Thia.Febraary 5th, 1872. Ifsb7-30d WM. T. bTEFUEXS, Adm’r. ALEXANDER H. &TEPHENII, Political Editor, A. R. WATSON, New* Editor, J. HENLT SMITH General Editor aa4 Buetnoe Manager jpor*. 187B1 Daring tbe present jeer a President and membert of Congress are to lx olected. Liberty moat be preserved or IoOT The Corruptionists of tbe day—tne Bond [tings—the ambitions enemies of free government -ore artfully, pensetently paving the way to the overthrow of the Federal Republic, founded by Waetring- ton, Jefferson and Madiaoa, aaShhe es tablishment of a Centralised Empire and * Dynasty in its stead. TOE PEOPLE can prevent this if they will - They can retain their free dom, or they een become slaves. The destiny of this oouutry is to be decided by the p&pla't totes.' If the Democratic party will fat Stand firmly upon its timc lkonored platform, end erect the standard of Lwxn, end honesty in the administration of the gov ernment, a glorious triumph wQI be achieved. Victory is within oar gnsp. Tho enemy is giving way—4s needing from his utter disregard of law endeon- stitutioual guaranties. Now in Ifatima for a vigorous chsrgs upon his 'wawiug lines. The Hon, has been towing the good seed of truth. It has already brought forth good fruit We shall oontinae to sow tho seed, and shall expect a rich harvest to be reaped in the trianiph of honest principles in the next nleetioo. We I rust our patrons will mid as in ex tending tbo oiiculation of The Sim. We have.entered upon our enterpriao.to assist in the greet work of redeeming the ooontry templo of Liberty, overturned and publio opinion must soourge them from the publio preaenoe. Wo shall give nil the news bom the State Capital—proceedings of the Legis lature-decisions of the Supreme Court, and all important newa and events con nected with the State Government; and shall endeavor to make The Sue a wcleomo family visitor. Hon. Alexander H. Stephens, th« Editor-in-chief, has specially arranged his business so as to devote almost Ins entire time to the poHUeal department of The Sum, daring the ooming spsing nod summer, and to the end of tqo Presiden tial election. c . We give tbe proceedings m the Legis lature when in session, the decisions of the Supreme Court in full, and all news of interest connected with tbe State Gov ernment. TKUMH OP HU I1BCIUWIOW Daily—«!•(■• Cap? , is m|(iS(k]afw.....rrT 0> Four Five W««kly-Ftr Aaaaat'] Single Copy 2 00)Tan Oopi*a........M 0 ThrM Copiaa..- • 901 7MM|iR. *.M 00 fiva Goptaa 8 00 TUty Uaplea ~«f CO On« Hurdrod OaplM 1* 00 Vrtklj tor Ilk IlnatiM r Single Copy 1 001 Twaote Coptaa..!. .16 C lliroaOovit*. 2 60 fifty Gupio*. 34 0b Fiva Copiea 4 6o) OuoHuudr*dCopIe#6o oo Ten Copt—.,.eta 1 60 J Single pa#or 6 eta No BnbaorlptloM to tha WEEKLY, raoeivad *>r a ahortw poriodtban six mop tha. ... _ - *- * • in advaoo* r books wher QLUIIl lima, and taka lb* paper lor Iba uuuu lougtb of tiin«, «utl all ba at ibfi aauio Font Oilica. HOW TO REHIT HONEY. We will be raaponaibla (or the aaia arrlvaftf el money taut ue by Mouoy Order, by Realateroa Let tor, by Expresa, or by Draft, but not otherwise. I mouoy sent in an nnregiatored letter ia loot, it mus bo the loaa of the parson sending it No paper will be sent from the oflioe till it Is paid for, and namae will always be erased when the time paid for expires. To Correspondents* Mr. Btophons will remain in OiawftsdflRef Hia lence. All letters Intended for him, a pertinent of this paper, abooad 1 . Crawfordvtlle, Georgia. . % All lottera on buaineaa of any kind, connected with Tas 8un. except ita Political Department aheald be •ddresifud to J. Manly Hmith, Manager, Atlanta, Ga. CXmnBcmcnlB. DeGive’s Opera House SPECIAL THURSDAY, MARCH 21, 1*72. FOR THREE EPEJrtjma ONLY. RETURN OF WILLIAM HORAOK LINQARD, ALIOS DUNNINO, (Um+rd.) And their Great Company, augmented and improved THURSDAY, Maroh 91, »79 The performance will commence with 4 PRETTY PIECE 01 BU8IHES8. Mise Fanst Gmawtuy—Alios Dunning (Lineard) excellent caste; followed by WILLIAM HORACE LINQARD in NEW SKETCHES, and concluding with the late T. W. Uobcrtaou’a exquisite 8-act Oomedy. DAVID GARRICK Ada Imoot Alios Dunning tUjgpard] EXST I Wes. Heracj Jifpger* and a magnificent distribution cf characters. Entire Change of Bill Bach Drawing. •166; ■10-4 PARTKERSHIT. GEORGIA—Fulton Count/. TO ALL WHOM IT MAY T ake notice, that «r HIUNKD have formed e Limited . the transaction of Mercantile Ihuinett ; DRUM BUSINESS, tn the City of A . of Fultou, and Btate of Goorgia; that the aamr was formed on tho 19th day of March, 1872. and late ter minate ou the let day of January, 1874; that QUEEN MOORE and JAMES N. ARMOR, bo4h ot Orton county and aaid State, have eeoh contributed, aud bona Ade and actually Mid In, capital stock Sin Thousand Seven Hundred end NineifThrm Dollars and Ten Cents to the common stock of said partner ship, and are the special partners of tkaawa, with liability for all losses and for the engagements of Ha ftri ‘ ‘ In bye thn^on. /rn. »od U» tmteam. iflUIMM I ■|un for and bind a *bound nnder the law regulatings the pram- that mid POPE, by the teoMef tbe n$ht- la to share one-third of tha profile, and ea be- i the Spatial Hartnett above named, «e bend one- of all locoes, dobts and expeneoa, and to be tn- _*d alone tn the profile ee aforesaid, <*d 7 mid Spts.1% 1‘arlturs to share each one-third of the ; pro fits of the partner*, and one third of the leeasi, etc., of aaid firm, having respect te the itonmNiHMnRii of their liability as provided by tbe law regulating the JAMES KARMO* , Special 1‘art men. M H.C. POPE, V BRICKS. 4 81HMONB * HUNT-8, jueetkm TESKt Walton etree to. Any number under 400,000 een be supplied. uov29 T. M. ELY1A.
