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Constitution
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VOLUME IV.!
ATLANTA, GEORGIA,
AT, SEPTEMBER ft, 1871.
JNUMBER25
PjkiUiaiOJk m
Rule Treann , mmI tbey
am unalrte to pay their achool order-.
We dip the above from Tn Atlanta
CoimnnoR, of tfte SOU inaun' Wt
know very little of tfte facia aliiule<) to. and
ore not. therefore, prepored to any to whoi
exteat, or by urbat means the fcJtate'Tre»*ur>
of Alabama bao Um depleted by eigh
mooiba of Detnrx:ratio rale. We d<” know
however, that there i* much complaint in
that Mate of the manner tn which Lindse
nod bia nog re mixing up party |>olitu*anc
railway and ftnanoial interest* in that .Stale
Tfte New* Editor of Tno Constitution.
fte under obligation* to the Era. for calling
attention to Alabama politico and finance* a>
above. Tfte article inserted by the Era bear*
evidence of Reciical meanness and falsehood,
end fev tkia reaeon it wae M c%ped" to be in-
nerted in Tire Comrrrrmon and commented
on. Inadvertently a mistake was made, and
it went into the new* item drawer; the Era
** knows how It is " about these mistakes in
an office
The Radi< al party had charge of the Gov
ernment of Alabama, and pretty much Imnk-
rapted the Slate, and then endeavored to cast
its extravagance off on the Democracy. To
aat tfte matter straight and tn relieve the Era,
an to Governor Lindsey's having anything to
do with the bad showing the Alabama finan
ces make, it is as well to state that the books
of the Treasury Department of that Stale
reads an follows:
Amount of fund* of all kinds turned over
to J F. Grant. .Stats Treasurer, by the lau
Treasurer. A. Bingham:
at honk Mil* $ .mo no
t mt northern K*nk of Ala>*m/ 35 06
lagaMaad » ivsrcofa 84156
Is metltatad Mil* 30 10
!.•#>«*
Total ...§MM m
The amount of actual cash fin currency)
turned over to Treasurer Grant was only
•ijMO M In 1889 and 1870, In addition to
nil other sources of revenue, the Radical
ftiato ofllciala sold eight per cent. State bond*
in the amount of $611.118 04. Ho with only
the sixteen hun>lrc.l and odd dollars turned
over to Grant, and on the beck <»f it Um
State's credit appropriated for more than six
kaodred thousand dollars interest, which
tfte Democratic administration must pay, the
Em can nee bow tfte '‘mixing up" has been
dose.
■•I • §BUL CMB BPON DEK E.
Is*4s—riasaclal Operation*
mt ns*. Ballaek-CI we, the Flaw
Vark Age at—State He*4 Mortgage
New York, August 21,1871.
exoBAfA riNAttcxa.
It Is impossible to get any i- formation
about the Georgia securities in this market
Tbs whole matter is kept wiUiin the exclu
sive knowledge of the State's agent, and he
nets under Governor Bullock's instruction*
There seems to be little activity in the nego
tiation of Georgia bonds. A few are sold
daily, but the general belief prevail** that
th'Te are no large transaction* in t&eiii.
Many Capitalists will not touch them whilt
the Bullock administration is in power. The
change «*f rule in Georgia would place our
bonds at the top of the market. A general
opinion exists, that Georgia is the foremost
Bute of the South. and has a rare futun
before her. Her resources are believed to b»
unequalled. All that is necessary to com
piste her supremacy in the financial world, b
g go* d, honest government. But while
have the present administration, there will
da a distrust that must affect us.
Mr. Lowry. oi um Bank of the
Republic, was for year* the financial agent oi
Georgia iu New York. Upon the adven
Into power of the Hull- <ck dynasty lie ceaseu
to be agent, lie U s fine locking old geuili-
man, with a smut form, a handsome f*«\
long, silvery hair, dark, bright eyes, ami
frank engaging address. He has a high opin
km of Governor Jenkins. Tbe prem-nl iali-
tudiaarian way of administering the Suit
finances seems not exactly in conformity
with his views, end be holds aloof from the
present Bute issues. Governor Bullock’i
plan of igmviog the S ale Trt-Hsiirrr, and
using the Bute funds on bis own warrant.
Is each an innovation upon the practice o!
pnrvtous Governors, is so outside the rtquir<
menu of the law, end st the same time *
fraught with possibilities of fraud, that be
finds it difBcnlt to regard favorably the pres
ent financial transactions of tbe fjiate. Hib
feeling prevails very largely. Mr. Lowry
takes a deep Interest hi Georgia.
ns rmuT stats agent,
Mr. Henry Clews, of Uie famous fi _
ft owes of Henry Clews A Co, with It* huge
bnftss and coo linen ul branches, is the
fins new I agent fur Georgia now, and carrier
within his active brain more information
about the financial condition of the State
than any other man. unless it hour handsome
Excellency, Rufus the Great. Mr. Clews is a
lithe, active little gentleman of apparently
forty-five years of age, partially bald, polite,
resUiws, animated, quick spoken, aud brim
lag over with vitality. His dark eyea move
unceasingly. Ills face is a very open one
In conversation, be is ready, voluble, pointed
and interesting. He has evidently a bead
and will of his own. He carries tbe burden
of our Bute finances uneasily, I think, lit
professes to feel s ritrp interest in the South
and claims to have helped a good many of
onr leading enterprises. Though a prominent
Hsrmhlir in. he vet declares for a liberal
puficy to u*. lie appears to think that
our people in Georgi* have not done the
fair thing in fighting Governor Bullock’i
issues of bonds, and that onr course
Indicated a very reprehensible tendency to
He seems disposed to hold the
»txacumt
i Afum <
Colombia Iron Work* ri G.
al. BdM Act of 1970, tram
LOCH RANK. C. J.
Where a motion w*a made to
jainat a judnaeol, uudar th, Act of Oetobat
1*. 1870. and u>e Judge raulnrl th* de
murrer to *ucfa motion aad diazained U, apoa
tbe ground that th* jadgiaeat being tor
c out of » eoit of eject,
i the prortaioaa mt —M
Ji
P
U
on for plain tiff fat.
(. RoaaeUfordeM
Jaa. iiaakin. executor, **. Wm Dawasa, at
ai- Belief Act of lino, from lfnaroam
lochrane, C. J. ■
u made tn aet-off lama*
Ijmeat waa fouadad on
suae of action mad* or
at of June. 18H, aad
iamimad tbe motion,
tbe Judgment of
error under tbe lav
■ecuritiea, instead of Governor Bul
lock. Ue think, the proper policy U for tbe
preaa to be aiiem upon tbeae tinanriai mat-
ten, aud let tbe l^xialatarr look into ant
alleged irrrgularitiea. I prearule.! the ri a
that U wae nimbly bonoraoir fur tbe people to
pot tbe cmpitaluu upon their lpi.n1 aa to tbe
anuhnun in our booth, ao tbit there
afut be no ignor.nl inveatmenta Tbia
Ike Terr oppaiie of the .pint of repudia
kina. Tbe Man- .ought no rxenipiion fn>m
Ha honest indrlxednear But it did aeek to
pat the world upon notice aa to the further
apteral of any irrrtcul.tr securities. Ibi.
must mauli, not in the injury, but in tbe ulti
mate vitalize!ion of tbe State credit. The
aim pie cure i. for tbe Governor to track tbe
law.
•Tats an an mortgage bokdo.
I have been informed that Governor Bul
lock contemplated tbe arbiitional i-aue of
Mate Bund Mortcare bonds over the kt.dfln.-
00u apUtoriard by tbe law pxrsrd during
Qnvaawnc Jenkins’ adminixtniion. but tbe
law waa ao explicit be did not dan- do it
Aa it waa, be used 8814JW0 of tiieve hoods
that were not used by Governor Jenkins, snd
km been claiming Ibis sum ss s part of the
dsmd Governor .TvnkinV ndminG-
, while it is s legitimste part of bis
oojl It is this sort of duplicity thst hss
Maatrd bis administration 1 have also been
tofurmt 1 that when be snngbt possession of
Ik. aaii^OO of Slate R.ct.l Mortgage bonds
fo, a,,, urey were refused to him unless he
moaid sign tbet.i This be at first declined
to do. and anoght to get possnsioa witbnat
it The State Tru-ia>'-> of them bonds, under
high legal advice, refused to give them up
without ibis formality^aod Governor Bullock
finally gave in, signed and used them, sod
now saddles them on Governor Jenkins
When it is further known tkat Ibis 83,
•mono °f ■<••* indebtednea*. which con-
Wtoulrs the burden of the debt created by
ausnauor Jenkins, waa an extraordinary ex-
f .Hitsidc of the regular line of public
If -i. a fund appropriated to rebuild tbe
Stole Koad which bail teen destroyed by tbe
mar, aad wksh bad to be revived' under tbe
first adminlairnti.wi—it will be understood
now unfair it is to insert it in a comparison
Of the two administrations As has been
shown la the columns of Tux CosCTTr-notc,
the regular expenaesof tbe Bullock adminis-
unkn,k every item have been d.ruble, quad
, ant, mad sometimes tenfold those of pre
vious administrations The single item of
pnbHk printing is an illnalration—Governor
BaBock spending ibirtv dollars tn one by any
-.ha. administration.' I need not elaborate
'^hcrr'cTa* rhance to get at the financial
(sort, of tbfc a.lmin»'.raii<m uniil the Legts-
1 store shall nuke n full invesugattoa. Mr.
Clew, says be a willing to tell nil be know*
ax each time
Lea ns h.«r that an honest committee will
pan hr the matter and put the State right
M
mt
doa
stk
mp
upo
the
H
court below waa not a
facts of Ifal* csss.
Judgment affirmed.
Peabody * Brannon, Smith ft Alexander,
for plaintiff in error.
B. J. Motes, Wm. Dougherty, for defend
ant.
Caroline M. Kelly va Edward B. Tata. Re-
tuanl of Infunctioii, from Macon.
LOCHRAKE, C. J.
Where the bill sbowa the act of tbe Legis
lature changing county lines bad placed the
land In controversy within a different county
from that In which tbe suit respecting the
tbe titles thereto, waa tried, and the judgment
obtained thereon In such country in about
being enforced by the eviction of the parties,
and this bill waa filed to pray the interposi
tion of a coart of equity by injunction to re
strain such eviction, and tbe court rrfi—i
the injunction.
Hxi.d, l bat there was error. Tbe act
changing the county liaan deprived the court
trying the rase of any Jurisdiction in the
iremises, and the process of tha court n-dyr
t ought not to be enforced.
Judgment reversed, upon tbs ground «*»>
the court erred in not granting tbe judgment
prayed for under the facta aad law of this
cane.
Jno. R Howell, J. A. Unity, by A. W.
Hammond ft Mon, for plaintiff in error.
C. T. Goode for defendant
0. L. Booker nE.il. Worrill. Complaint
from Muscogee.
LOCH RANK, C. J.
Where a suit was instituted upon a joint
note and one only waa strvad and at the trial
upon objection being mads, plaintiff'* coun
sel discontinued the suit a* the party not serv
ed, upon which tbe defendant than pleaded*
the facta in abatement, to which plea a de
murrer waa filed, which tha Court sustained
and then defennaat excepted to Lbs judgment
and retired.
Held. Under section 8,874 of tbe Coda, it
waa error in the Court to have sustained the
demurer to the plea. This pica distinctly set
out the facta. It showed that tbe note waa
ioint, that the Joint contractor, not I.
lived in the jurisdiction of tbe Court and in
the county where the Court waa than sitting;
and a* to the form of tbe plea we may only
any all tbe trebnlcalltiea of pleading awd
the aubleties of form have been brushed
away by the sweep of an enlighted progress
■ lie anminiairation of Justice,
Judgment reversed upon -tbe ground the
Court erred in anataining the demurrer to tbe
pica filed and allowing jodgment to be taken,
under the law in this case,
liose* ft Donning for plaintiff in error.
Peabody ft Brannon for defendant.
E. V. Kingman v*. A. Gammell. Case, from
LOCHRANE. C J."™ 1 "'
Iti* error in tbe court below to refuse
continuance aud force parties to trial upon
the admission in these words: “we admit and
do not contest tbe fact th.it the witnesa Pul
ler would, if present, testify to tbe faets
stated in llie above affidavit.” Under the Code,
section H4 2, to force a trial, in abaance of
witnesses, by admission of tbe proof, it is
necessary not only to admit and not content
the fact that tbe witness would ao swear, but
to go farther and admit tbe facts to be true,
and not rontest their truth.
Judgment reversed upon tbe ground the
court erred io overruling the motion for a
continuance on tbe ground of the absence of
ibe witness Fuller.
Moses ft Downing, B>nlthft Alexander,for
plaintiff in error.
Peabody ft Brannon, for defendant.
Jackson M. Gill va Mary Mixell et al. Tres
pass. from Marion.
LOCHRANE, C J.
Two parties named respectively Mizell and
Proctor, entered into a copartnership ia fum
ing in the beginning of the yeu 18*7, and, at
the. close of tbe yeu, Mixell fell in Proctor’*
debt; to extinguish which be made sale to him
of two moles aad some stock, and tbe parties
agreed to go on tbe ensuing yeu, 1888, upon
the same terms; which tbey did. At the
close of 1868 Mizell applied to the Ordinary
to have certain property exempted aa per-
aonalty.and in his schedule Included.the two
mules and other property previously sold. A
few days subsequent to the application, both
parlies submitted all their accounts and con
troversies to arbitra
amount of 1870 due
and found the sale valid, but directed if Mizell
paid the money be was to hava tbe mules aad
stock back; and tinder such award GUI, act
ing by way of receiver, aold the property.
Mrs. Mizell, for herself aad minor chil
dren, brought suit against Mas for the money
and upon the trial the view entertained by the
court that this award, which bad been made
ibe judgment of tbe court, created only a
lien on the property of MiseU, aad such lien
waa displaced by the right! of tbe faarily
under the exemption, etc., and his charge to
that effect, tbe jury found for tbe plaintiff.
Hr- d. Under the f-eta in this case that the
award of tbe arbitrators was conclusive aad
binding upon all the parties thereto, aad the
wife aad children of MiaeU had ao right ia
the property found under such award to be
long to Proctor, without first campivlog
with the award and paying the amount aoe t
Held auaix, That toe sale of lb* i
under such award did not render Iks
selling a trespasser or liable to act!
such, and that, inasmuch as tha cotton beta)
raised in co-partnership, waa lo be sold aat
the money paid over to the "* ‘
paatyto to* .n.rkmr.t, Jdihat I
psapar.an hit Baton, to fttottki
ant ifimnlead by the bankruptcy
Held, reran, Tkat pending sack mo
rn, Ibe plaintiff in attachment may amend
Ha attachment aa ia other cases.
Whan aa aitochatoat waa leaned «n tha
12th of August, 1871, aad waa by miataks
made returnable to the May term, 1871, in
stead of November, 1870:
Held, That, on tbe mistake being made
apparent to the court, the attachment and
bond may be returned, if the return waa ia fact
made to the November term, 1870.
Judgment reversed ia each case.
Peahndv ft Brannon for plaintiff in
R J. Moses for Downing.
Lacy M. Thompson va. R J. Monet. Dower,
from Mnecuogee.
McCAY, J.
When on* died his petition to be declared
voluntary bankrupt, and two days’ tbere-
after a tract of land belonging to him was
sold by tha sheriff, trader a fi fa fro** a court
of this State, against the petitioner, which
had been prenonaly levied, and tbe petition
er eras afterwards declared a bankrupt but
died before tbe proceeding! in relation' to bis
bankruptcy ware concluded:
Held. That the sale by the sheriff waa a
good sale, and diverted tha title of the bank
rupt, that no title to tbe property ever vested
H the amigpre, nod the purchaser at the
He’s right of dofffer under tbe laws of
this Plata
Judgment affirmed.
H. L. Beoning for plaintiff in error.
M. & Bianford, R J. Moses, for defend
of am-nartiierahipdebt, the judgment of the
Ordinary did not by such exemption change
its legal status or vert any right therein tope,
nor to the award.
Judgment reversed upon
the court erred in its charge as to the effect
of the award, and rights of tbe family
the facta in the ease.
M. 11. Bianford. E. H. Worrill, R R Hin
ton, for plaintiff in error.
Peabody ft Brown, for defendant
H. McCauley vs. I. J. Moses. Complaint,
from Muaeogea.
LOCHRANE. C. J.
Where, upon a suit brought upon a
given for tbe purchase money of land,
defendant set up tbe contract of purchaee by
abich it appeared the plaintiff and n man
named Adams had jointly sold tbe land and
gave bond for titles, and for furtbar plea
that tbe said parties bad ao tide to tbe land,
and that tbe title waa elsewhere, and the ina
bility of tbe parties to perform their contract,
and to ibis plea a demurrer was filed and
sustained by the court.
Held, That, inasmuch aa this
tnet for ibe purchase of land, and the parly
waa in possession, which we may
bia plea tiled al law with tha same
alien we would a bill filed in
this plea does not let up sufficient
ia equity tbe collection of the .
money. And reaeiniion of the contract, stands
upon tbe same principle. Whan parties
make contne a for land and taka bond* a*
warranty*, and ara ia paaaamton wba
for tbe purchase money, it raqairae n
rase, something showing Inna or Hen
or non residence, something which has _
up or is discovered since the contract, that
would render it inequitable to enforce it, to
invoke the power* of equity, whether in
voked at law or in equity.
Judgment affirmed.
It L. Banning, for plaintiff In arror
Peabody ft “
Mo-
L. P- Downing, assignee, va. Kent ft Co.
tion to dissolve attachment, from Mnaco-
Kenfft Co. r*. L. P. Downing,
lion to
McCAY. J
Whan than waajft
the Superior Court
against A, who was
_■ ifitglee tfc
My divided between the partita by mt
“ " luSthe value
bounds without injury tojtbe
Court without Sav
evidence fa*
a sale of the
land an the report of the pnrttrtowi, to 1
excepted.
equity]
courts t
equity have t
r the rf hie
ItyeL hi the taus- *«|rt<
aTk m eatop at hatoa
' J dofawtn)
i law and
neglect an t
writer's As
Sheriff RuV.
Wm. L. Stapler va Joa P. Buna.
ait, from Muscogee
McKAY, J.
Under section 8765 of the Code blank in
dorsements of negotiable paper may always
be explained between tbe parti** themselves,
s id when taken with notice of dishonor, or
at tbe actual fact* of such indorsement: snd
when awe indorsed a note payable to his or
der, with the distinct agreement that he did
' to pass tbe title, aad that be was to
r no liability ss indoner, and tbe
plaintiff in the suit took the paper with full
notice of tbe facts:
Hxi.d, That the court erred in sustaining
demurrer to a plea fully setting up this de
fease by the indorser.
Judgment reversed.
Bianford ft Thornton, for plaintiff in error.
No appearance for defendant
F. Moore, Guardian, etc, va Jackson M.
Gill, Administrator. Bill of Review
from Marion.
MsCAY.J.
Where, on a Mil filed by an executor, for
direction aad for tbe dl tribatinn of tbe as
set*, to which the heirs, legatees, and creditors,
mere parties, them was a former decree dis
tributing the aaseats.
Hau>, That the widow and minor children
were not entitled to n bill of review on tbe
ground that no homestead aad exemption
wee decreed to them according to the Con
stitution and laws of tbe State.
If tbey were entitled to such a home
stead at the date of tbe decree, tbey should
have act it up. and if they were not, any
sabaeqnent law will not, without express
words, be held to authorize tbe decree to be
assigned so as to let in the claim.
Judgment affirmed.
R B. Hinton tor plaintiff in error.
Jno. Peabody, M. H. Bianford for defend
ant.
8*okey ft Shorter va Hall, Moses ft Co.
Complaint from Moacogee. AndSankeyft
Shorter va Colombo* Iron Works Com
plaint, from Muscogee.
McCAY. J.
Where on tbe trial of an issue of partner
ship or no partnership, one witness swore
that the Capitol stock, to-wit: a steam saw
oxlll, waa furnished by one and tbe hands to
run it by another, who was also to superin
tend tbe work, and that the profits were to
be divided equally between the two; and
another witness swore that the mill, fixture*
and hands were furnished by one, and tbat
the other was employed by tbe first ss super
intendent only, that he had no interest
olntly with the first in tbe profits snd losses,
wt waa fa receive one-balf the net profits
for hU services, snd had only a common in-
’ nth the profits :
Held, Thst under section of the re-
*ed code, by the testimony of tbe first wit
ness there was as to third persons, a partner
ship, since tbe bands furnished a part of tbe
capital stock, and tbe partners baa a part in
terest in the result, but tbat by tbe testimony
of tbe second witnesa, no copartnership, even
aa to third persons, srlaes from the simple
fact tbat one it to receive half the profits,
for his services; tocb an one has no joint in
terest in tbe profits and losses, but only s
common Interest in tbe profits, snd it ia error
in tbe court to charge this ss the law to tbe
Jury, if they sboulif believe tbe eecond wit-
A Whatever may be the Interest of tbe
parties, and whether tbey be, in fact, part
ners ander the bargain or not, they will be
liable, as such, if they ao art ss to hold them-
Ives out to the world as such.
A Partnership or do partnership Is a fact,
aad a witnesa may so state, but the fact so
stated may be qualified and explained by
other facto ia evidence, either from tbe wit-
ae or from other testimony
A Objection* to interrogatories on tbe
ground that tbey are leading mutt be made
when tbey are presented to tbe objector, to
he crossed, and before tbey are executed.
S. The sayings of one of the partners, not
expressly or by implication brought to tbe
knowledge of tbe other, are no evidence
against tut other, in an issue of partnership
or no partnership.
Judgment reversed in each case.
James M. Russell for Saakey ft Shorter.
Peabody ft Brannon for defendants in
Mwy H. Dillard vs. Tbe Manhattan Life
Insurance Company. Aaaumpsit, from
Muse
McCat,
When a wife insured the life of her
husband la 1859 with an agent of a New
company, and paid tbe
■ promptly until 1888, but
then failed to pay said premiums until
March, 1885, when the husband died, after
which, and after the close of the war,
aha tendered the unpaid premiums, and
demand* i payment of the sum insured, *1
leging that she was prevented by the war
and by act of Congress from paying them
year by year on tbe day fixed in tbe policy:
Hkld, Tbat the contract of tbe company
for any future risk waa dependent upon the
payment of the annual premiums as they
severally, by the am raiment, were to be paid,
aad the failure to pay* for whatever reason,
oould not be remedied by n tender of tbe
premiums after the death of tha person
whose life waa insured.
which the defendant
Held, That it was the legsl right of the
defendant to ivnenf the return of tbs parti
tions!*, aad that tha Court should have bear
ed evidence as to whether a fair aad equita
ble division of the land could have been I ranee o*t
made by metes snd bounds, snd if from tbat) ant has
evidence offered by the parties in interest, it i court at ,
should be proved to the satisfaction of the i tion of the
Court, tbat a fair and equitable division of
tbe land by metes aad hounds coaid not be
made, then to order a sale of tbe land.
Jodgment reversed.
B. B Hinton for piaintiff in error.
M. H. Bianford for defendant
R 8. Mott vs. J. L. Mustian. Equity, front
Muscogee.
WARNER J.
This waa a motion to dismiss a bill pend
ing on tbe equity side of the court. It ap
pear* from the record that tbe bill was filed
■a tbe Slat of December, 1888, and the pro
em* attached thereto required the defend sat
to appear on the fourth Monday ia October,
1870, and was served on tbe defendant on the
22d of April, 1870. Tbe complainant
moved to amend said process ao aa to make I defendant
it returnable to the Mar term of tbe court the fi. fa,
in 1071, aad have an alias subpoena issued
returnable to said term, which motion the
oourt allowed, and refused to dismiss the bill,
whereupon the defendant excepted :
Held, That under the litoral provisions
of the Code as to amendments of pleadings
aad ptooess, there was no error in tbe court
in allowing tbe amendment of the process,
and this court will not interfere with tbe ex
ercise of it* discretion iu doing so in this
mas snd refusing to dismiss the complaiaan’s
Judgment affirmed.
Moses ft Downing, for plaintiff in error. .
H. & Banning, for defendant.
E. 8. Rowland vs. W. A. Ransom ft Co.
Equity, from Muscogee.
WARNER J.
This was an application to the Judge of
tbe Superior Court for aa injunction, which
was refused, whereupon tbe complainant ex
cepted. On reading the allegations in com
plainant’s bill, and the affidavit of tbe com
plainant's solicitor thereto, this Court will
not control tbe discretion of tits court below
in relusing the injunction prayed for in this
•t the agent of to* Undar-
t tSKaq to effbet an hat-
■ ulMukr Em complain-
I awd damaged, and the
*rtCot|R va. X J. Bradford,
Bdb against Sheriff; (mm Mu*
McCAY, J.
made the Taqnwpona ff fa.
SS‘CSS?S£S»S‘,
Whr ht tadaet
5lIImtd
Judgment affirmed.
Lockrane, C. J., haring bceu counsel below,
did not preside in this case.
L T. Downing, R J. Moses, for plaintiff
in error.
Chappell & Russell. M. H. Bianford, Far
row A Thom>ta, G.E. Thomas, Smith A Alex
ander, for defendant
J. F. Winter r*. H. IL Epping. Assumpsit
from Muscogee.
WARNER, J.
This was an action brought by the plaintiff
against the defendants to recover tbe sum of
dye hundred dollars in gold coin. On the
trial of the case, a motion waa made by the
defendants to dismiss the plaintiff's esse, on
the ground that no affidavit of the payment
had been hied aa regulated by the act of 1870.
W hich motion was allowed by the court and
the case was dismissed. \Yhereupon tbe plain
tiff excepted. It nppears from the record that
the plaintiff and defendants, on the 20th of
Match, 1805, purchased $26,<00 00 in gold
coin on joint ucoount, which was deposited
with the defendants. The plaintiff claim*
that there is $500 00 of the gold so purchased
on joint account due him. There is no evi
dence in the record of any demand having
been made by the plaintiff on the defend
ants for the payment of the gold prior to the
1st of June, 1865, and the majority of the
court are of opinion that this is not such a! and children, ms tbbMoperty of the de-
debl or contract as comes within the provis-! therein, maamuqias ills not exempt
ions of the act of 1870. Believing that act to | **«»<lef the provia-
be unconstitutional and void as to contracts i ?j[ _*, ie LonstiiMuy, and the Act of
made prior to the 1st of June, 1865,1 concur
in the reversal of the judgment in this case
Held, That the court below erred in dis
missing the plaintiff’s action on the state
ment of facts disclosed by the records
Judgment reversed.
Peabody A Brannom, for plaintiff in error,
Moses A Downing, for defendant.
Swprsme Court of Georgia*
Angufit», 2871.
After tbe delivery of opinions iu esses argaed last
week, the Court Edjoaruci till 3 o'clock r. M , Xkmu to
hear the report of tbe coaunittoe appointed to pi
E. M. Scab rook, administrator, va. The Un
derwriter's Agency, et al. Equity, from
Muscogee.
WARNER. J
This was a bill filed by the complainant ^ w iitit
*£*r t j;! ,€ defendants, on the 18tb of April j ™ ^ rf u,. Howrah i.M.1
I8W,. The defendant* had answered the bill, r th , of tourt „ , o-dock ...
plainant excepted. The facts alleged in the ■ row B «oraUv.
bill are in substance as follows: T'hat tbe I f ,h « ^ f *■ ** '«•"
complainant bad two lots of cotton at Alba- 10 ’° b “ 1 1 croon:
ny, 6s., one of fifty bales, the other of sixty De “ h “ d»eUl»S"- »'
Judgment affirmed.
H. L Banning, Jsa M. Rnseell, for plaintiff
in error.
Smith ft Alexander, for defendant
Barnett ft Co. vs. Blackmar ft Chandler.
Assam pact, from Muscogee.
WARNER J.
This area aa action brought by the plain
tiff, against tbe defendants ss partners tain
the firm name of "Barnet Lin/of Steamers.’
to recover for services alleged to be due them
under a pant contract Tbe defendants
plead that tbe alleged contract area not to be
performed within one year from the making
thereof. On tbe trial of the case, several ex
ceptions were taken by the defendants to
the rulings of the court, ss set forth in the
record, and they aleo excepted to the charge of
the coart to tbs jury. Thaz part of char*-com
plained of is in tbe following word*: -If
the plaintiffs on the let of October catered on
th* performance of said contract, aad dad
any act under said non tract, then, there ha*
been a part performance of said contract, and
thin would render it a valid contract, and en
title tbe plaintiff* to recover
Hwt.it Tbat this charge at th* court was
ror, in view of the facts contained in tha
record. The court shoald have charged the
if then had bean suck a pint per-
of th* contract on the pant of the
-].;.»irt M would render it a fra ad on them
by the refusal of th* defendants to comply
with tha contract eu tbair part, that would
mdar it a valid contract and entitle th*
plaintifi to recover:
Held also. That thaw, wm no error in the
K.W. of the court on the other exceptions
pacified in the record.
Jodgment affirmed.
John Peabody, R J. Moses, tor plaintiff*
^ Smith ft Alexander, M. H. Bianford, for
defendants.
M. C. McCann, et al, va. T. C. Brown. Par
tition from Marion.
WARNER J- . _
appealed that
of a In
t **>** llte
property on which to levy
— of the return U
tract of temfwMch had been *et apart, as
homestead, fofths benefit of hi* wife and
family:
Help, That Mate was a* error in th*
court In refusing Barter tin circumstances to
make the rale atmtate, an tha Sheriff appears
to hare acted hi mod faith, and the property
wm real estate:
Hkld, also. TtoU; was the doty of the
court to have dScrte? tha Sheriff, by order,
to levy upon thq property, that tha parties
may have an opportunity of testing, before
the coarts, whether, the homestead an set
apart, is or is not suljfectto an execution by
toe Comptroller General gainst a defaulting
Judgment affirmed.
LOCHRANE C.J., eoocxnad orally.
WARNER J., dissenting.
Tbit wm n rale against the Sheriff; calling
on him to show oapne why he bad not made
the money on a tax execution imuad by tbe
Cl ■ — — against
__ __, that
them waa no property of Brook*’ to be
found on which to levy the execution. The
rotor* of the Sheriff wan traversed, sod the
following rtiSeaii-ht of facts was admitted
and submitted to the Oourt for its Judgment,
to-wit: That on tha lit day of June, 1888,
.thp-nxamttion. Brook*, the Jt*,. former, than forty jmm h. was
principal defenteut therein, was the
owner and in the possession of part
of two lots of land of the value of $8,500,
that on the 21st dny of August, 1869,
•aid land was set apart tn tbe wife and
children of Brooks an n homestead. After
argument bad, tbe Oourt discharged the rale
against the Sheriff, vmd th* Soliritnr General
for the State, excepted. By the815th section
of the Code, the properly of tax collectors is
bound from the time of the execution of
their bonds. TVs (coord does not show the
date of the tax collector’s bond ia tbit case,
but aa the exeeattoe against him es such tax
collector, was imncftnn the 1st June, 1889, he
must have executed his bond prior to tbat
date. The hemsetoad was set apart on his
load to his wife sad children on the 81st dny
of August, 1889. Bp-thc constitution of 1888,
and the Act of tbe General Assembly of that
year, ministerial officers, are not prohibited
from enforcing executions for tsxse against
the homestead; executioua for taxes are ex
pressly excepted by ilia Constitution, and the
Homestead Act.audit was tbe duly of the
Sheriff to have levied, this tax execution on
the homestead set apart on bis land for his
altar kin wttktmwnlham pottle fife.
iCemtsa OsaaptanserraulzcTl is
imwkmhrwns ilnuisnsot tbsj—lew of tbai
2f£
I trimvii&t* I
Th.
gratitude It cm never w
-ttr Bar or CffiorjiA a tribute at pnfce which rite*
UM te vhieh mccpmIv.-
Itdf
ia the
tbe Qaergiff Bepo-te.
at predate*, perspicuity had ieern-
te* Kb UM Miaeutly adapted to tbe d«
dee of the B«M. A low of Justice, aa well aa of
irate, ha um pattern iu Me iovaattpatlMa and impar-
t altehtefndpurate. Bo m* ever raepected him at
paenpUed in a Reaveo-
with grac- and dig
nity, aad reetpued it wlteeut epoter blemish. TaiRR
hontaraiite tbeBarand coottoaW, with little in
ttrapttee.te devote Urn-rtf to thedttles of his pro*
fheeira MtU a few BMUtea before hia death, when in
Ml poaneeteu of hie mental vigor, and In pnr»u-
anea at a chertehed denim to epwd the evening
at hie 4a/e in quiet end peace, he withdrew
teem the active Inhere of life. Ha waa a mem
ber of tha convention which aseembl d lo
fen wry, Mil; aud Chairman of the Commit
tee which reported the Ordinance of B«ceaaion. Hr
hud been a Union on an bia life and very retactnl-
ly ear rated to the oeceaelty of each a step, bat with
bias tbe path of banor waa the path of dnty. Htrab-
eeqaeatly represented Georgia In the Provisional
Cengreae of tha Confederate States, and then finally
retired from public life. He was a firm and faithful
adherent of the South throughout the tremendoue
struggle which earned, sod no awn luncnted more
than be the enmnder of her armies and tbe cooee-
qurat destruction of confutations] liberty.
It remains to speak of Judge NUbet ae a man of
letter#. From early manhood he devoted mnch of bis
leisure to literary puranlia. He was a man of fiae
•choiatiy attainments He delighted to contemplate
the beautiful creations of genlna, aad to gather tbe
sparkling gems which master minds had scattered
over the £ald of tho*ht With him “» thing of
beauty” wae “a joy forever.” He reed and relished
all the fiaest productions of the great and
good, and down to hto latest days reveled in the
pleasures which they afforded. His contribu
tions to tha current literature of the day were
characterized by a classic elegance of style and a
beasty of thought peculiarly his own. He waa held
in high esteem by the educated men of bis day. For
a number of years prior to bis death he was President
of tbe Board of Trustees of Oglethorpe Univerrity,
aad a trustee also of tha State University,, at Athens,
which latter institution conferred on him, in the year
1868, the honorary degree of L.L.D.
This sketch would be Incomplete, did we not refer
to the most lovely Ualt in hie character, to-wit, his
ruling
alder in the Presbyterian Church, a d only those who
have served with him tn that office know what a “pH-
1 r of strength" ka was. Ha was notan eDthariast.
He made ao parade of his religion, bat be was not
steamed to testify hia belief in the Gospel of Christ.
Hie faith waa founded ou tbe “Bock of Ages.” It
grew brighter aad stronger with each revolving day,
and now that by la dead, it casts a halo of glory
aroand hia tomb.
Who cm duty estimate the losa of snebamaa? HU
errors, whether of heard or heart, were like spots
upon the san. They pale into insignificance before
the radiant lustre of his graces and virtues. In his
home, he was not only a loving and lender parent, but
a familiar friend. With kU family, sweet was hid con
verse. Keepectod, honored, loved—his chief delight
wae in the companionship# and associations of home.
Oh, what aloes his death has Indicted on the charmed
circle of which he was th* life and the joy!
He has gone from earth aad we shall »ee him here
Kesolved, Th it ia the death of Jcdge NUbet this
Court has been deprived of a wise counsellor, this
Bar of an honored member; aad the State of a noble
and gifted son.
Resolved, That this C art and Bar deeply sympa
thise with the family of deceased in their irreparable
ioea, but rejoice that in the life of Judge NUbet they
have a legacy of laeAble value.
Resolved, That the Supreme Court be requested to
1868, as a homestead Tha fact thst a home-, have this report aad revolutions entered on its min-
stead is Claimed on/fc* ttud of t defendant jutes, nod a copy forwarded by the CM to the family
lr. a tax c sore tic u 3 sotan) or pro- ‘ of deceased,
lection, to a Sheriff who faffe or neglect* to
levy ao execution for iaxe# U»«reon—the
more especially, aa the hind waa hound for
tfc^ payment of the tax execution, before the
homestead waa set apart on it.
bales, which he desired to ship to Apalachi
cola, and to insure the same. On the 6th of
February, 1866, Bowers, as the agent of com
j dainant, wrote to Rust, the agent of the
Underwriters Insurance Agency, at Albany,
to please find Mr. Oliver Cromwell (who was
also an agent of complainant) and get par
ticulars of how he ships two lots of cotton
to Apalachicola, one of fifty and the other of
sixiv bales, and inrun them to Apalachicola,
send bills to me, and I will remit, by express.
Your prompt attention will much oblige, etc.
The bill alleges that this letter was received
by Rust on the 8th or 8th of February; that
he looked up Cromwell in Albany, in order
to obtain from him the particulars of how he
was shipping said cotton, and read the letter
to him with that view; that Cromwell then
informed him tbat the lot of sixty bales wss
already on board tbe steamer White Rose,
lying In tbe riser at Albany which would
lcsre the next morning, that tbe lot of fifty
bales would be sent by one of Rust's boxes,
ss there wss not time to get it on board of tbe
steamer; that Rust made no further inquiry,
apparently satisfied with the information be
had recetred, retired, as the saM Cromwell
supposed,» make out tbe insurance as be
was instructed to do ire Bowers’ letter, which
be held in bis band. On the 9th of Februa
ry, Rost answered Bowers’ letter, in which he
stated, your fsror of tbrtffth inst., is received.
Mr. Cromwell is now shipping sixty bales of
cotton by the steamer White Boss, now load
ing at this place, tbe other fifty bales be will
not be able to get off in time for the bast, but
will ship next week; thst this letter was re
ceived by Bowers two or three days after its
date, who considered it to mean that hia re
quest bad been complied with aad tbs Got
ten insured, snd so tbs complainant was in
formed, snd nil parties rested satisfied tbat
tbs insurance had been effected, and that
there wss nothing further to be done by any
of them; that things remained tons, until toe
lPtb of February, 1888, when tbe steamer
White Rose sunk st "Hell Gate" on her
way to Apalachicola, and toe cotton wss
damaged to toe Talus of nine thou
sand five hundred doilsn; tost two or
three days -afterwards, Cromwell, the
agent of complainant, called on Rust to ar
range with him tbe payment of tbe insurance,
when, much to his su * *’ * "
fleeting a little, said to
was not insured; that be had received ao
money to pay tbe insurance with, aad be was
not in tbe habit of advancing aa insurance
but tbe complainant alleges that this waa ■
pretext nod afterthought, bermute Bow
ers, in bis letter, bad requested him to scad
his bills for both lots of cotton to him, aad
had assured him that be would remit him
payment by express, and tost Rost had acted
on bis letter by hunting up Cromwell, read
ing it to him, and receiving from him the
particulars of bow tbe cotton was to be
shipped, and did net ou it in respect to toe
other lot of fifty bales, in respect to which
he did not only insure se the agent of the
said Underwriters Agency, but made oot all
bia charges, including the premiums for in
surance against Bowevs, mt
to tbs inupoeed tramp of payment. Tbe
bUhe^pretokfuTdoced ^3*’and his agent*
to believe that he had insured said cotton,
so pit.routed Um sad them from effect
ing an tnrtlisnre thraeou ehrwhei
than was imp Is time to have
inasmuch as tbs steamer did not
leave Albany far several days after he re
ceived Bowers' letter, tod read the same to
Cromwell, and did net sink until the 19ta of
February. Tha own pint asm allegro thst in
considsration of the premises, be reposed
full confidence ia Rost as the agent of tbe
Underwriters’ agency aforesaid that he would
insure the cotton, end that hie sffiMoa or
neglect to do so waa contrary to bin duty
both hoi and equitahla, and ooutrary to the
trust ami confidence which the complainant
and his agent* Justly reposed ia him, sari in a
fraud apoa him for which ha it ant only
1 able, bat to* Underwriters' agency aiao. who
are bond tor the care, diligence aad fideli
ty of their agents, tn their business, aad re-
“* ~ *i» negketa. and trandn, la ton
Mich business; wherefore, fan
can aim (Mi fael hia icy touch and hehohl hia ghAStly
iauge when oar hearts best atroujf with bop*,
After a brief ru*pona# bj the Roaoruble Jure*
Jackaon, Judfffi Warner responded ss follows:
My first ucqunlntaure with Jodfl* Nisbet waa la
1888, when ws met»- members of the House off Rep
resentatives stMiUsdfevlUe, both younR men, buoy-
nut with hops, aad ardent, youthful expectations for
the future. Time has since r iled ou, mod he has per
formed his allotted task; hit w< rk fa dims, and v>*U
don*, his record ia made up, aud that ree rd will
remain the most enduring monument of bia private
virtues aa a Christian gentleman, and of his inemima
ble worth aa a public officer. When this court waa
organised in IMS, it waa my good fortune to have
been associated with Judge Nlabel and the late Chief
Justice Lumpkin. Tbe arduous aud responsible
daiy of orgtiuixing the ronrt and putting
the judicial machinery thereof in practical
working order, was necessarily devolved on t
newly appointed Judges. The diflcultles incident
a successful practical organization of the court at
that time, cannot be futiy appreciated now, and
will be driluUely known, except to those
rhvvL. wrai- tke rear hues of health. He !« tbv j rrrr. tciivsly mgscrt >" lu organisation. Jodxe
faithful snd relent'em exrcstlomr of the derive j b'ebrt performed hie whole dnrr, end awnmed hie
which roneiva. all Adam e race to the da*. Hlevl.lv ; f«H ehsrr of Ihe reepnnrlblli!; lo the united effort to
-alwaysunwelcome—oreeomettmra peculiarly p* 1 ®-! ®»k* the eapreme tribanel of Ihe State
d. When he ewtera owr homes snd rob* we (if the . acceptable ’.o the people. It hae donbUeee
chertehed object, of our lore; when he strikes down I tees noticed by the profeeeioo that there were
thegreet end theyood, iboee of whoa States end com-1 "V« few dlwecetle* opinions in those days, snd the
muaitfe. ere jaetly proud, then lo Doth do lsaesta- : rewwra !q thst aech Jodpi felt himself bound etrictly
lion and mocrnln* follow in hie foot«l«p-. i to adhere to the fuwdsoental principles of the law. ae
By placing HI. luexorable graq, ou tbe peraoo of 1 f
Judge Sirhet, Ue bra brought rare bereavement to <*»“• ta wri “« Coratltutloss of
erratr with which to wound the eenattaUtleeof others. Anew Willar is,
-ran Is the ardor of debate To
wkfch he was ss wwamewt, he needs
rraslation Is the cleats* sf a career
Honored with the highest pteera arUtast rata hevteg ! They were receive* tn Ortuheror N
> Ike profession of ! to oeU supplies. Ml toted Sevensb-r U
lands s mod--! foe Mbits* to wttwe-a. The rt,astern os (hi
m-In which In ww j K.." by svsetf. maera that the eruc Ire war
torahtssra Stodtrytwr
tetehU, v Vi
nvUed an naffumvoas uc&Umeitt u> Uaaalf or in
'nlfflnx ft to othwu. Hi# Christ*!* graces rendered
’ten alike an oruument te society sad to the Church.
iud while unbinding iu all Ms religious cenvie
cions, he was n stickler for forma, bat had a heart
vs open iu its forbear*nce aud syrnguthisu tor the
farms or faulra of others as melting charity. ‘
fieutimeati of honor were testraettve, aad ha s'arcc-
j over found it ntossmry to rearea himaeif into the
path of duty. He did right by
right wre the discipline of hia life. To hia frieudt be
era* gva*a! and confiding, aad avar ready to aid by hie
conuct! those who sought him for his assistance.,
alt hutne he vreahn idol, for In its sweet companion
shipthegoredenrof his Mbsterns shone eat
increased lustre, and every"wish. #»< feeling of
uu family twined like teod lls around him. It !«
rot the occasion to pay ealog.es upon oar deeesfico
friend and brother, bat as a ssamher of ibis court we
omy say with pride, thst his learning and his ability
to be lonud n the volumes of Ire report*, are
menu Jut will bear h e user down the so
timn to distent’ generations, sort uttr^t the fidelity
with white taft discharged the important trust repoeed
in him b. the pjopi* Several of hiv de-irians, with
-cl eoametatioa, hare exhausted th- sources of tke
common law, frost which the grmt principles of right
as s rule of duly esve been deduced, snd l«*vt noth
ing to add by hi# successor* who will find in them
rule founded upon principle thst will b- as lasting a*
the memory of tiufir author.
It was hie privilege to preside Over the first council*
of this Court to have eat at the -«amr council tabic
with Ibe great snd good .ledge T.nmpkin, aid with
Judge Warner, the Vt*ner*ble «urvivor ef thst augurt
organisation to have carried this Court m its e*ri>
straggles sgtisst the prejudicesssd di fi&tiafartioupf
the people, to have plfiut<-d it deep in ti.* public
dd nee, and to have left it in the pride of hia repute*
tion with the memory of his n*mu and the inspira
tion of Ms ecuia- to go down to the fu’ere. No ju
dicial officer who filled so conspicuous and eminunt a
place, ever left It with more of the ec nfij
applause of the people. The erexia which
effard bequt**d«s£*« Li* successor* was m
the uasolled snow on Dis»a> tap.
We gather around his memory to-day to pay the
last tribute which is afforded us by plac rg on record
onr spprecia ion of one who when la life mood first
in the ranks of his profession. Iu discharging this
sacred duty, ws are admonished of tke ou. ertaisty of
hnman life and bow nncnb-tantisl are all tha honors
in the gift of this world to bestow; how crowns and
sceptres, principalities and powers, ail crumble and
go to nothing at the touch of death. How tbo scroll
of Lfc, no matter bow dotted with the brilliancy of
achievement, rolls np aud withers with the touch of
timet There are no distinction# in th;- graven that
lie before us. Soon other faces will fill this h ill; oar
»eats will become vneaut; one by one, we all must leave
for thst bourne from whence no traveler i sterns.
Let me invoke the memory of b tn whose death Is the
opportunity of these proceedings— to impress upon
all, to so act their part in life a* to be like him pro
pared to wear a deathless crown of immortality
Let the noble profession, of which we are members,
iu its pyren sentiments of ambition not lead os Into
temi’tation, for tbo honors of esrth In taut hour when
tne night c-xmelh, are a* unsnbstan ial a# the spirit of
a dream walking tbe ctiambers vf sleep The honor
which this hour a imonisbcs us all to »e«k, 1s that
which does not pale even am d the rsffipleodaatliiatecs
of the Jaapere and Chrysolites of tha new Jems*-
This was toe honor, this Ihe deathless
crown for which our lamented brother strove through
life, snd wh te ws* prepared for him when he had
moan ed to the hefgth of earthly eminence, and look
ed sp and wm no more seen.
Let these resolutions be entered on th" ini nut s of
the Court, and these proceeding* he publiteed upon
the ptgea of its reports.
This Court will stand adjourned uat*> to-morrow
morning st 10 o’clock.
ntiunntlsnefi the PrellMlnary Ex*
areinatlon of W. D. H. Millar.
a large and loving family, deprived this bar of an
honored member, this court of a wise counsellor,
the State of a noble and gifted son, aad the Church
of Christ of one of Its brightest ornaments and most
solid supports. Few mew in there latter days have
commanded so much of the public admiration and
confidents. He graced every position white he occu
pied. and though dead, the meaaocy of his virtues
will live ia the hearts of Choose* ds amongst whore
ha moved, like sbright planet shining with nndlnun-
ed splendor, until he disappeared to take Us place in
the constellations of Heaven.
Judge !f label's public career to well known to the
people of Georeia. He wee a native of this State,
having bean born In Green* comity on the Tth day of
December, in the year lfifit. He was a sen of Dr.
JOaes Nisbet, a gentleman of high character, one of
the freason of the Consti'atien of rm. aad for a
number of years a member of the Board of Trustees
of the State Ualveretty at Athena. Hia first instruc
tion was raoeired In the school of Bar. Francis Cam-
miags, D. D , at Ckeerebo-o. When quite young ha
reterud tha Freshman dre* tn the College at CeUw-
bia a. C. Ha wre soon transferred to the University
•f the first store of
at Ar.MoereVa
at hi* riare Tv *wg hi
tentten to the lew, ha commenced his » mitre u
Judge Ctaytou, and enhseqaentiy breams a student ia
the tow school of the celebrated Judge Gored, at
Litchfield. OmsL Having finished Ato professional
snores, he returned te Georgia, and off the early age
of twenty Hs wu< admitted Is lha has by aalhority of
a special set of the Osnsrel Assembly. Heaps* "
Mail sen, and hajrafito prertln of hia pre-
jorlty, he*d up
litical dtall'Cti
* of Morgan tn the Ugtotolaw. This waste
tha foil of IN. A few months prior to We es
tnfto pwatte like—vfx: on the tfith day of April,
thia State; aad the United States. Deeply Impreewd
with the fact that the lore of the liberties of s free
people may generally be traced to the first deparinr*-
from the fundamental principles of their government,
by those who are invested with authority to admin
ister sad enforce them.
Judge Nisbet wae uncommonly sound aud practical,
1a regard to al! question* te white the fundamental
lawn of the land were Involved, and hia opinion in the
ease of Wilder vs. Lumpkin, reported io the 4th Geor
gia Report, w.ll be an everlasting monument of hi#
learning, abU ty, integrity, and sound judicial expo
sition of the fundamental law; it U a mono meat
which In all future time will command the respect aad
admiration of every towyer who lovaa and vaoereies
his profession.
The salient "points * in Judge Nisbet * character
white a* eminently qateffied him for a Judge,
haeeee of honor, the puritv of hie morals, hi#
love off justice ae regulated by law, hi# clear
toaatimteating mtaff, his firmness of purpose, hi# te-
of action made all drcnmatancea in car-
convictions of his judgment, his
tha great fuudasM
principles ef hie profession, aad hia patient
ia the discharge of his public duty,
paying this aad tribute to
ry of my honored aad respited friend, I
forcibly reminded of the melancholy fact that I
tha oaly survivor of the officers of the Supreme
Court, as It was originally Organised in 1845. What
have been wrought la this tribunal by the
great Reaper of the human family I Devoutly thank
tan kind Providence far the continuance of my
ihh sad strength; still the
disregarded that te the caoree of bn aa
that I toe mast soon follow my distinguished
beach ttotaat bourne fi
aad my earaest desir*
to that whsa tbo Hare for my departure rbafl come,
that l mag be aa well prepared to meet i as they were,
aad that my jadleial record will not he entirely un
worthy to be ptoeed by the aide of that of my la
Mated frit
C: Mia
over haow, ha heartily despised the artful dagtidty at
each a character. The rtrafofd of morel rectitude by
white he was guided lu private life waa ate lowered
ea the hustings aer te the halls of legislation,
every wtek of Ufa, ho was the a
truth far Its own saha, aad who would have suf-
ftond the toes ef all tklags rather than hate
or dishonorable. Be was a party
tortoraW*. He was too ardeat a lover
allow hie conscience ta ho boaad by
The right of private Jadgtaoathspriasd sad
heritage. Asacoaseqe
hUeecreeaa *n public tornadoes atwajl secured
respect. He served several aaoeeaetvo saeataM altaa»
nstrty in the Senate aad Hoaae, taUagM active prat
In debate aad a leading position to both bodies.
1839 hs became a member of the convention which
of reducing the
foe fetiowlag year a reprearatative
thcBteteottorgs tetheCeagreesof tha United Stakea
He was rootocted th tote hat am aeragaiff te
dittoes* hie private Bgbir* and ifh|Hte
mt* that said Underwriters’ Agencr agd tbe m n^ifia hi la rira hi nr ■ r—I*—^
sum&gastisvk&s Tas
Laehrsaethen responded as follows:
to fte Her; The mournful duty is de-
valued apoa am, aa the preeidteg oUcer of this Conn,
to the resolutions wh! h have just been
read, paying tribute to ihe meaury of tbe 1< r*d end la-
A. Nisbet It was my fortune to have
known onr distinguished friend while he occupied
•sat upon this Beach, aad I can recall tbe *weet afit-
sad osurtesy White marked hie interc
those who than stood aa advocates before thl-
a. I cm recall him after he left this Beach, te
mri room where I have been eften us-caLd
wilh hiss, aad caa bear teetissony to tha lotiraea at
hit research aad the ctoeadlscrimlBarioa of thelegai
priaciplee involved la the various mam »ith which
entrusted. I caa recall the metboi aad
toetty ef his argumaat before tha apart, aad hta
eat, forcible aad atogioat appeals befiorr tha Jury.
8* did ate dates* the mountain torrent, roug
topetmss, ia the ejecatotioa at eenteucre, bi
ef his thoughts lowed calmly and tremd
ly. iQfiartiag apoa Its had every subject wh'ch
tragedy toglva sGset to bia utterance#
i m orator whafia parity <4 diction
bore him onward aad fiarwvxd aad apwsrd to tbe
The court met at the appointed hour.
John H. Flynn was eworn—Ssys he i# Master Ma-
chiniat; detaiU the datles, customs, etc., of thst po
sition ; hat nerved ia thst position twelv*- years; w -nt
back to take Mul!<n«' place on the let vi February;
lfullins not'fi-d him of the non-receipt ot ibe pump
and ten barrels of oil; he wrote to defer dsat at Sa
vannah abont the said articles; for -om^ume he re
ceived no answer; then he wrote again; defeodan
then answered that he
OVKB TUX STATE BOAS A PCMr
bat no oil; that the pnmp had been shipped to a West
ern road, not specifying what road; in May witnet*
received a N«». 6 si sin paasp. xtrlh teotwofomare^i
shops $875; nevi r received the lard oil; «w no Ml!
of lad ag of the pomp and oil; die# not Kt-ep copies
of letters; s record is kept of goods r* celved and
charged lo different departments in theg<*u«ral office
never received the ten barrels of oil; at that time oi
wss worth in the West $110 to $110 cent' pm ga'lna;
d d not take an Inventory of all material# on t
did not go Into office at th- flrvt Isaac of t he road; the
pump ia now in a«e by the road.
The book-keeper of the Kimball Hos**** wae intro
duced and testified ss to tbe time when ar d how long
Millar boarded there when hs was in. AtU'.ta looking
after hia claim against the mate Road.
Joeeph Fry was sgain introduced; do*-* not know
any order to correspond with s bill dated October 98
witness here explained the connection between seve
ral letters from E. F. Blodgett to defendant; certain
orders from the suae source and tbe bUN of defend-
nt which had been audited and paid; witness exam
ined • book which he #ay« was in his own hand wri
ting, though th 7 bi Is were entered in thst book in
January, the date does not appear u* *nch ; some
erasure* and scratches on the book were shown
witness, he explains by saying thst the/ may hsvs
been made because the dates pat down did not corres
pond with the bill«. iThebx-ok wss the. tendered in
evidence and received.)
WITNESS EXPLAINS
that in answer to s question on the first day of the
trial, ‘-Whether any accounts were presented to the
Board #nd withdrawn,” he under toodth* question to
sllodo solely to accounts presented by Millar when he
answered “no.”
Crus# examined—’Tre entries were not made bar
riedly; has no reason to say that the bill* were tecs
rect, tbe erasures are ss to amounts as we.1 as dates.
K. A. Knight was sworn, snd testified that he lives
1b At'auta; is employed on Macon Read Shows a
memorandum te article# charged foe hy defendant,
aad that the books show th*t said
ARTICLES WARS NOT MUTTSD ST XAOf’V 1
(General Oar rell objected to this testimony, claim
ing that the books wore the best evidence. His
Honor held that the witness might answer the ques
tion an to whether cr not there was such an entry
the books.) Witness had examined the bnoks cover-
tnr the time from 8#p ember 13th to I>euen her 81,
1870, and ’ o entry was found to correspon , with the
article* charged for Defend in L
Cross examined—I* an assistint to Mr. Clark, the
agent, keeps books; doer, not keep s kook in which
articles shipped over the Msoon Road u- other road#
are registered bat such a book is kept. For points
on the State Road beyond Atlanta a separate book is
kept, which hook be did no' examine. These articles
should have been In the book he did examine if they
had come over that road; did not examine the books
of the OeorgU Railroad. It is customary for all rail*
roads to give receipt* to c •uslguor* at the point te
shipment.
KUliam wss sworn, and testified that he is
Ctehier of the Georgia Railroad. The hooks of that
road were introduced in evidence, and wf’nem exam
ined them to find whether or not any an felts, such
defendant had been said for, were reeeired from Sa
vannah dtefcg tbe times when the bills which were
paid show they were seuL
Witness, after s careful ex'mins'Ion. et ted that
no suca ooooa cam* ot ooomia kailuoau
during tbe time alleged; that not more than half
ilpments from Savannah had been mafis by
way of said road
CUOSSXXA VOTB.
are the only boohs in wuleh article* are i
cloned; they contain the original btUs of lading; did
not examine as to whet goods came from Northern
to the state Road; there is no other route from
Savannah to Atlanta except by the Macon aad West
ern and Georgia Railroad.
Tbe attorneys ft*r the brute here closed their case*
A. L Harris waa sworn for the defeas and testified.
Defendant ia a supply merchant; bears s good char
actor. E. F. Blodgett was purehaaiax agent; good*
were frequently marked ’* W A A R R; ” they should
■ter. The
greasswasyeUuwmteInferior. Ohm Ian boxrar.
Don't kuow who* road it came over. There were
were twenty five barrel# of free* . They *eoe pat
te the tel room. Hr" no rwcol'fctlon when I signed
the bills. Bill d tsd October II, WTO, «hown to wit
ness. Recollect receiving tbe three casks te
ingot c taper and four pigs te tin daring the fall.
IXAKfNXDrr THE STATK.
Don't n-fu^»b«r hew mucu car grease was received to
ififo; si out fifteen barrel# ««*d per month. Don't
teewtiut the road paid A. J. Ormc $7,000 or ifi,000
for groare aboni toe asms time. These articles re-
•etved somaime before I certified to the hills. They
w. re received te November. lfiTO. Don't hn w
Whether grease- a«c icjeu_ d toads at or am Mer
ab was relieved in April. 1810; some five or •lx
mouth* after, MuUin# cure In ■» fill Us po itbm,aad
he certified to bills. Tti - road bought font or fire Sor
rels of grease per month from Onue. It waau supe
rior b «ck »r icte. Dou t U*uJt any bill for u l*.g*
trended by JueBro'wa and lives at West Rod Daaa
about out- month alter tin- copper and tia were re
eel ved that le-se a took the road.- There waa some
copper and tia toft than. • oad paid u* M«h as Iff eta.
for Coj^r in New York. Gant say wheth-
Chora MMteod MraBral:
Most dr b. retrite ha tha reared hank raw to the
•r it waff 18W or 1H71 that I c«rei|ad to the
CO cm a. w. watern,
\v that the
i wanted <
doaen pouchf
doa -n received cams frem defendant, d Itneea certi
and wouldn't certiL to any otue.- Mil for
<U ttchea vary in price freut $M to $* 75 each, paW
J. J. Toou. jhla year, $4 fw Mime
ennsa kxamIhkd ar sraia.
Th# road received one, pt rkapeiv.o daacn other
u< ches ja#t year; don't know who. or where tore
*mu fern; puiwlies com.- nuder ihe hsad of •‘Kali-
Kettiag punches from iil*ot*on.
e; don’t
general purchasing agent, turn Jann ry 1.1870. until
February 1st 187L testified that he met dcfeodai
January, llv, in A. L. Uartia’ otflre ; defendant
conuneudwl Col. Robb, A. L tia ri* and otL
l oue III# auce aoieudant drew $t more than amount
of bill but conected it muou a Her. The fMlowtng ret-
lera wwr offered in .'deuce from a iiness to defend-
iu>, one dated aeptember^. 19T0.for95bb!a
lo be sbipoed to W. 1\ Sea • an, mu fced a
•un# erea September 1J, 1971 ” Gneda.ed™
tier SO, IbTO. for oue dozen wheel- arrows, fire dozen
picks, aud one coil, ** inch, Manilla rope, to be ad-
rd u» A. L itsrrK une de ed Octobers, 197©
... .wo lone Jawett'a white lead, aud 8 nose* baud
lamp*, (white) One dated Ociotwr 18 1870, for ten
reered to J. Malle
800 pound* tin to be addre ..
“ ated NoT 'Utber 9, 1870. for oi
to >*’. T. Newi
_ - . for'niS dOldl rarara^,
or # punch re. & hsra apriug cate steel, aud three rolle
copper aud
iewtan.
dosen conduct
wire spark m tting.
one w i u Aj» i-auaher 17, 1K70, for one No. T steam
pump. 16i*.cti cj iludxr, to #up*iy the nl co of one
• ousted,” a:.d t-m bar.Fla of UM oil.
Th—e Inters wore all mark. d anaweced te three or
foe: days after * -
ou* iu um.
- ’he date of the mouth of .he letters.
eTioeaCo out objected to b<
^roond that i> waa u«u th< oriuiuui writ tre of t o
witness, and there was no vou her that it waa cor-
re^tiy copied. Objection #u tained by the coon,
rke letter, were written and toft on dead; At way,
colored boy. took Uk mail to the poai office; the heed
ing of my lettera to dcfondanl Were print d by Mr.
“* ther heading waa adopted but
tue first that tame to my
V* reon for my use;
I ttacd tint bv-cause it v
hand:
car uua* ■ waa wortu fru.n A o Sceauper
icents: I
pound; p di! deicndant 8
guess that all the goods ware ^reived,
pump hadn't come when the road wss leased; have
been in onueu that it naa since com#; telegraphed
der- ndaut to harry up pump December 17th, (ruled
on*etxbt dnEcn Bbovels one dncM *****
I slisn hemp packing, aud Urn
—— receive^ by the road after Jt waa
bales cock
after H wai
nber 98th. Bough
ms. Soma time tin
B up Wita blank but
•fill* mificarri. d Defendant
luuua. tie veml w- re made out by de <*t dam in office
No #ecre«y on part ot either defen
•i'*wini7 out biflu
oou (Fry'.; a<
hethe l havt
The d i»n were opi-n
cmliueut. saw thi#
Capitol building. ( an't say
uv posseaabm muc« I went
of ©mce. Never made a.,y alterations in It.
► ttueas bought <oods from defendant because he
loogot that, hIthough he coula bay them cheaper In
- >wr fork, the addition of freights would zaske them
higher.
cuoss axAMivresT tub state.
W its sv aug pjffted to def tuUat wh -u the bills nl«-
carried, either to make them out or bring np bill
positively whii T . ,
The bill for th«* rf^m pump was made out ’in wit
ness' office. Toe fitT.vttte of these bill# were made
out in wim.•as offi e Keco.lect writing many lett ra
o defrnd.tn . The date ruilea me as to th ; time
The marginal note, "answered * 1871, 1 was
writ.teu ou them a't**r they passed out of my hands
was abecut ftoni Atlauti. eome in 1870 Was in At
lanta. SeptemberOtn, *»iU, October Jd, 18th. Novem
ber utn, and December 17th. Waa here when wrote
letter.. May n iTe ra- de misiakc iu dating to* lettera.
ii—i. rtmg with defendant te 1870, or
„ - — “J watering place. James
Mullins approved the OUl in Uf7t.
Th bill for 95 n -rrelscar. reaae la the ideuticslgrease
shipped by defendant. WU never paid but^ooca
dr «ee was infur.ot. w liueeff onjocted *o It, tatt paid
eight un ef - fOi a • e Obiged to do
cation of witness
was drawn to It on account of i-p inferiority.
wiTPXss Appftovxz) uu. ron STuaa rear aaroas n
WAS BSC8ITM.
because h- wa# aarlsfl d hat It had been shipped.
Flynn told witness in February that tbe pump bad
n»t beeu received- Don't k ow low lore apart my
uBurnvi g the bills; nhually approved blits just aa
they were ready ror payment. Oon'uhink t approved
bill# la#t year. Witness approve.! ail the bills th»s
year. Fry waa threat for some time. Wiiuees put
down date# nod amounts leuvii g blanks to be filled
by Fry. On hi# return Fry erased them. Don't kno
t -at defcnaunt pa d -ny i»ody to realise ou theaa bills,
or paid cnmmi'f-ion or assistance on th<un ’o any one.
James, the banker, d acounte a check for $499.
A. L. HAKBlfi ESCALUD.
The pick* #ud Hbovcls came by the Macon aad
Western Railroad. Tnere is an entry upon the books
of that road about them.
w. a. k'faulavd
Testifies io ihe good character of defendant, and tbat
he deals in steamboat and railroad supp'iee.
Cross ex mined by the Mate—Witness thinks de
fendant did business on Bryan and Ht Julian atre u.
was doing oueiness on North Bryan street, the*
bouth Bryan street. 102 Bryan street was oppo
site 151 Bryan street - about forty feet spurt.
roma mu>MSTT
testified that he has known icfendant wvau or eight
saw him
ATad-
u the
His as>-ociutloiis are g<M»d Witness a
nine with General H. K. Jacksoo, W. 1
to |
the ouperintenden
rax defendant "a tatmtk
wa# next put ou the stand. Defendant did bualnee#
at 54 tit. Julian and 151 Brvan #trees and afterward'
«fc 102 Bryan street. The Centisl Road, before the
appointuiuni of a Purchasing Agent, pure I
piles from defendant.
CWOSS EXAMINED BT THE STATB.
Don't know when defendant moved; oaly know be
moved by the bil-s; don't know auj thing about hia
bnelaess; did braiueea at 154 tit “
Hryan atreet; d«-f ndaut didn't live «
year; defendant li.e** at Wn'te BlnT— moved there
In June or July. 1871; witness thinks defendant
move» li's alore between Hvpn-mbi-r • Jib and 98 h ;
defend*at staid at 101 Bryan street until he sold out
sometime tins jffv.
rrATXMKNT OF DSFEWDANT.
Was btirnM om Jannwy !5th three or four
ago ; moved to IQj Bryan street, and then tn 181 *•*,_
and 154 St. Jiilao street until I sold oat about lOih
June last; aold oat berau-e in crested te ralwoad to
WThite Bluff wbiTv.- wnuersowna property: tha good,
were all receded hy tne Wertvm and A Mantle Kail-
road; home of ihe biU* blood over fur a long time;
Btodgrtt who auawen-d that they would ba
tnd paid aa soon aa pcactlcab’s; next Bim
witnesa beard from them Blodrett wrote
hod better e«ime np aud tend
th m; there was no money in tha road tre wary,
and tne An ii gCom'uiitee woulu have to pay fa
Arad tint some of »h- bil a had mlwairled. WitL ..
brotiz'ht np a atatem nt oi tbe articles pur-based,
itemized. The bill** were audited aud sent to tin
ngtoreti
it ntm to
Mil yvr said he woo d d<
Maj.
covering .his error, emses what ho M6 Otartsfito
write over again; don’t ffoowo*7thtof ofeonttoora
portKnlar enworea.
Entries are ma4o too
The entry slerit has notolOg fodo with dtotetonriM
tor freight received, .shipments of fNfoht to (he
Western snd Atlantic Rail ( oad were i
a carwrad transferred to tte Ws
Railroad depot Witness Me agmri of focia and
Wist ora Railroad from kspffumhar 1. Ififote
ry 1,1871.
Freight for Atlanta is drilvdtoi from Us v
W T* W nrf **— Ti-tiftmti
nnyf
Atlantic RoMrood tori come, they vwriff Mon hens
put into a car by the uarMnnre nlrak snd OMt to toe
Western and Atlantic ha!trend
are broeght in by the «
toll what the 4
did not 1
Ora oranlng
THST STEAK 1
The coort requested the witnsss to MM
book for May, and roe if aa entry of toe pop
be found.
Wltnoea finds .an entry M Hay fithef ra
•team engine received from rtifsndani. of Bo
for Wretrrn and AtiantV Railroad.
capacity or ramswt cam
ia eight tuns. Twenty-fire barretter grinssw
about 9.000 pounos would not fill a wooto «e
freequentlv cams with 11 tile or no freight to I
stated that he waa requested by Ms client to s*y thet
he desired tbe fullest end must a
tion of the case. The defendant did not (
scrutiny or avoid • particle or investigation,
fend aat contend* that all the goods ot dared f
bean accounted for in evidence. Thsfl
complete record of the articles to Bra 1
books of tbe Macon aad Western Railroad is note
elusive evtttoaas that toy had aat erasa an reatity.
The unlmpeaebatrie evidence at wifnaessa had
In order to clear np all thing* tha cannasl |
fen aat proposed to tbs pro recall an «
Honor to continue the case, boldly tot «
r good bead until some day near
might be agreed apoa, in order tha the i
return to tia van osn aad procure hia haul
vouchere.
said that the difficulty would bo te 4
XVAX r. HOWKLL
stated that the State had taken step* to tattoo too
snp a ranee of defeodaufa clerk in Harems ah, The
clerk had oeen requested to *.riag the hooks and
voucher#.
•aid that <*efei
get hi# vouchers, books aad other <
book# and papers were locked up in htsn
be gotten at by hia clerk. All the defeik
to be allowed to produce his books, and
fullest investigation.
decided tbat the case would be i
mining at 8 o'clock, two weeks hence.
This decision was satisfactory to eouaaal to both
idee
The caas will he resumed 1a taro walks, and ton
preliminary examination brought to a close without
delay.
The court then udjonrned.
Illustrious CAULitoo&mft.— 1 Two colored
ted#, recently in the calaboose here, pare their names
as “Abe Lincoln” snd ‘Gensrel Grant.” Trns tn
tbair chanetaria lea, the dm one told Maadnwo, and
the latter expressed a willingness to rerelve premia.
Written for TETcoautiiatienl ‘
TO MISS & 8., OF WttSTPOUTT, OA.
There's a foont, sweet girl, wi]
That gently Howe but Is nevsr ri tori;
And whycaa ft ot bet
Because Its waters are guided by y a.
They are the waters of affection true.
And are dear girl for thee,
u.
That foont sprung there te by-gone days.
When first 1 heard they sweetest lays.
Gentle as the ms muring see.
When chanting sweet one at thy side.
To whisper words of ove I tried.
But the t*ak was too herd far are.
in.
In darkest hoars of night I'd dream
That I wandered by some lone stream,
Aud thou wart by my aide.
Sitting neat h the shade of eome "old pine,”
Tour hand laying lovingly in mine.
Yon raid you'd be my bride.
You promised that you'd keep ran right
In moment* dark or in moments bright,
Ton promised to be my guide.
And through all tbe weary ways of life
You promised to shield me from strife.
And be my spirit's only pride.
I awoks at last, it waa bat a dream,
I oould not hear the murmur of the stream.
And you I oould not see.
Something did whisper, in accent* dm.
And to It I lent an attentive ear.
It said you'd think of me.
Now, alas, we are forced to ram.
It may he for yeea, peraapa, forever.
What woe to this heart is given.
Where are the joys thi# heart held ae bright.
All have vanished wire time te his tight.
But, oh! let na meet In Heaven.
defendant te Ati
indited. Witnesa identifies his initial# aa approving,
an acc ant. The goods in that MO were received by ’
him; don't knew >hat th.y came from defendant
Idea ri Isa hte initials opposite certain strides on an
other olll; said articles were received; th price* are
<ood; witness ordered the articles from the puiuhas-
lag agent; did net receive the « personally ; 'teascus
tomary for heads of dap rtraente to certify accounts
as correct
CUOSS-KX A XIX so.
Received the goods a Janaary lari; waa one of
ths Commissioners to turn arm property ef th«
Band; don't know that th goods
[Witness expl toed too
tories, etc., w»ea tha road was leased.] Don't
thst tbe present railroad
them; don't know of hta
Hilly, r handi-rl one of the bill# u> wilts-** aad M»>ed
him to #«■*• A. L. H^rria if the article* r *
were to the Inventory turuOdmor to the reseat i
Road ; James di-oouurc<i ihe click: thi# i
witness kuow# un II-Warrant wa# served on h<i
c io»e voluntarily with th-odkw; the sheriff 1
paper requiring utof to get an abstract from wi
buotts-f articl'**rofcfi in H Etc Road*, tta- paper* at
Gen. Gurtreu s are f c simile* ef oi ne#-‘ booh.
The defeue" elored
The State then plscsd on theemod
u r. ctkax, naq.
Local Au°nt of thr Macon and Western Railroad,
who prod cod s record ho-h of *H frciriit* received
from Macon, and point# below Macon for A<ttnta
proper. Wltne-# examined la hook carefully throe
time# sn-1 ronldn't find %ny of the lum* at toe nra#
weni d that >h.-y were r ccived. Or tha 88th of
D cember. 3 bale# waste aud 7 roll# prackteg were re-
oeir -d. and on the 81*1, 8 d<>sen shovels. 8 boxes
axes, 9 Coz-u ax hsnd’e-, and 4 dozen hoes were
ship e* by Art*afoul to the seed.
rxsmiuatl -a suspended at this pout la order lo
allow Coson hath sides to examine thorough
ly the book.
T. V. CLABU
tested that tire price of rolfrned pick# wm $18 to $84
per dozen; mar lte rope 95 routs per p-ond ; iagwe cop
per 99 to S3 erut-z per pound; pig tin 4* rente oer
pound ir \tteoia; above*#! Am#-' Uesi|$l4 00 o$!5;
ads*-# fit to $90; grub-iing hoc# $l->; axe# $10 to
$U to
(iow-iXAaiuB bt prrnwnAHT.
Bold pretty fair bill# to B. F. Bl-dgett. Avenge
p*r i-enL prrglt o%cr <e- end barge* varies with the
article* rioter artic beer a heavier p oil. There
I# a F”ad- difference between wearers
New York harrows. Tbe New To*k
I coat th- most W.rth about thiry-nix .
1 par doxre. Think* higbtr riepti-mbe*. 1870.
than now; price mmniltt rope governed hy price of
go>d ; beat Italian hemp p*cVug bring g| to84 c nta :
have seen U sell lor 85 cei.t#; don't krow whether 50
Cents perj^oaud te Or ober too uigta far
THE TOME OF LKK.
bt urrrix rowan sotwoti.
Our matchless hero who oft dared.
Tbe immortelles aroand him breath*
Tatar ioeeus# night aud toy.
And every t»oa facts heart keeps watefe
Avove Mi raved Hay.
keynote to o
full oar land
Courts
i„nied uu !19X o'clocx thi* rooming.
Poxlixin art luxnvnm or W. D. R
Maua-Cui Pramu *>• fuj rm*.-TI«
Oort cOQ.raHl yratarX** rturalu* rt lira arrrtata*
hour.
cimn william am
lycrarraertrta* Ira ’ trilled thmt U, hud bra* U tbe rt _
kaowluxx* wWihra st*t« Karat wraranta ugoatfau Trra-unr; * —rarar
tbe good*, erer cuaie; tbluke Miller ra E. r. Wodgrtt p,. ^ t)K wt 1 (ra*tacou >t:
prraeutad -L.XU1. fur Ue eppraral; *on- t Ikiek he! ra re of tbe» et e dlraul ot »». *rr
.pprorad ih- eeuonu rttra irar wrae praraete* »i n^eAetlou. ueooumou.
the Angldef ceraratue •; there feeXe eheeld here I MoeAU* p. nees.
cerae ever the Merer Reed. (Wuaer. hrae *e.e the Lucel A,rat mt the Mecoa red We-f^n
prteert »*Vh ramie ratlltae eert*he ho«*hi »* El Xttaete. raeeeMi hie teetlraof Witerat
leaU. whleh wee giewlly I wee tttra whrt Miller! acloraexemleetiou of thePnlfklz oonl
wrapettl Hraurepteora* Mile *ra there etktae 1 •epwuftra. <*•*. to re^rary. 1*7*. At the *rte e(
fee awyhedy elra: *!d eeteeelhecee4e, hrt believe*' Deeerahral*. Mrt wtraera ftraud en <wtry of thirty
thuy wrae ran rad. ’ branta'4 kraeeemoU.Medu (hegete e( B-ceahet
lAtthleJ—ctaretheeo«it teefc t-raeeee ter eu* KMk»t«uy ot Dxtj-»ira hmeta ra ell frara
hear end e helf ] : Hew Tetk. etWrrarad to the * cetera Aral AUmtic
Artec renra the Ueert when the d»- Bel nta. Wituera fouegeoretry ocreconl of ,bral
rnranDe* rathe ram witaera I herrowe, poke, letter Ira* et the 4ete eTDeccm
w. t. MxwMAit, looE-cnrae threat UM Witaera taae* Iheeauyer rccote of
At the Meta Bee* ttpit chu*. He teratfie* thtt
Ws loved him a
Of out breve
No mofram-n »l #ttb need bear.
ilia name tor m«ai to see,
For Heap te ev.T> ttouthern hrart
Ob! grand old Chieftain, bound to as
B* tie#of seer d blood!
Scarce I* es then worship do we giro
To (hoe, the great and good.
We brtag our hearts among throe low*
Op hens, ftis ah w.era,)
Made sacred by our teen o ar him,
America's first men.
Our Southern
But ero
Tbe falls
to tears.
MODERN WEDDING RITES
"Wilt thou take thi# brow»-«toue front.
There ca rtac##. this dlamstul—
Tebethehuskaudof thy choke.
FastIffSkafi to toobowfoef Hymen»
Aad wi t toon le-vethy auraeaad frttato
To be Ms lav tux wife.
And htapto spend hta tanralueimi.
rio loog as ihou beta life *"
‘ I will T the modest m*ld replies;
[ iremVar eye*.
“Aa* wftttheu take tbi* waterfall.
This eetaatfitioui urtto
With taltlre e unpaid milllu
To b* thye*
Aa* wilt toM.. __ __
WbHethan best life and health.
But dieng «>ua as tiostakta,,
Aa* tears tor all thy wealth 1”
‘T win r the f carfares mate replies.
And eager waits the nuptial tic*.
“Thau I pronounce you m*a aad wife;
Aad what I’ve jotoed forever.
The next best man m*v dtaaaite,
Aad the fiita D vorro < ourt sever."
IF LYDIA CEASES TO LOVE—WHATt ,
Al WaUaek’a on baluitlay nteht, Lydia
Thompson delighted th* large audience witA
her spirited acting. In the famous sofon, **If
ever I cease to km-, she introduced tto
following:
“If evsrlrrase tn love, **
If evrr I cre-r to love, <
May Great retain t e lot ’
Off the pre eni# that h« * got.
If ever I reus# to love?’
Tbis brought tbe house down, the
lasting for fully half a minute.— 8am.