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Constitution r»« T«va» off lobacilptlvr • BUT OOKimTTION per men ■ arepeysMe strict! if aad, u*Sto »xptrmti«a mi Um um# for » hlch peymret BMW of the ri \\ TA Al r * H r frt itroii if 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.