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Jh>. £ & ionstiiulion. | Terms •! Sakecrlpilon: WEEKLY OONffTITCTlON per sunn »» 001 g VII osbaeripclove ere pajshl# strictly 10 advance tar CUha of Tea $15 00, and > copy rftt* paper | scat flag to the gel ter-ap. ATLANTA,QA., TUESDAY MAY 7.1872 | (•eorglorrap Se» The Monroe Advertiser bo* c!«vtr reiv'd by C»t>b W. L Lumpkin, »nd S' ten Hie 5ib r,f i-t ptefrtK-e l.tst, 49 ir.ebcshigli. The Mon r ,g .Ui co!iu r el 8-jdtiy itammi nil agrcat- crnrkUoi A dd crop*, indaffing more it I •ntioll to cereiJe and grosses. It olio think- fcr iiiZ’j’e i Is mlJ be judiciously oml, aud do in' arid nivnerer more applied. The Tlinonston Herald aaya Mr Joel Bank- aton boa clover two feet high. Cotton plant ing nearly done in L'pson; crop acreage more liir.n an average. Guano freely tired. Con- •idcrablo cm up and ready for working, i'onpecla of a good general crop. THE WEEK3LY COISTITUTM. ==6= VOLUME V.l ATLANTA, GEORGIA, TtaESDAV. MAY 7. 1872. INUMBER 5 OUK FASHION LETI’EIt. Fftiti!or,H for May. the market; lovely cummer silk*, ^called anr.utt foulards, which made their first ap pearance here last year, but are only just be ginning to be recognized; chinning new thing*, unalriped gauze and grenadines for The Latest I lic»tric.>1 Sensation—j the boufanX tunics, which are eo fashionable 'Article 47.” | for evening wear; “China grass.” for travel ing dresser, and quite new serge foulards. Fashion and Economy. New Summer Materials and the Latest in 11 Holly Varden*.” Spring Jacket* and What-Nots. New Ycibk, May 1,187*. ... ., . , | For once we have had spring—a spring of W ashington connty—The I smiles and tear*, such aa wc read about but if thy Sirannah News says that Mccwful I ^ tc j<j om experience—a spring of early . .owing u nigh out of the *.}!,“ I floaren and pleasant day 3, full of promise of ground laso dry and bard. Jf*? 1 ™* I something brighter yet to come—a sprit-gin done, and poor stands. Cotton planting not I w bich ^ WOIi „ r pfay, do house-cleaning or ovtr. t. nano freely used. I eo shopping—a sort of spring in which crery- body is very busy but very cheerful and full of happy anticipations of the future. “ARTICLE 47.” Even the theatres, which are a kind of 0..i|la rial J road Siwi The Buinhridge San says the Bainbridge, Cuthliert and ^nmbuaHalir^Compmjy I stum 7.S was reorganized last Friday. Prealdjnt, F. I public mind, and the condition of the general L. Babbitt; Directors, B. F. Bruton, C. C. I purse show, as yet, no diminution in the Crews, J. A. Butts, A. L. Platt. The new uuml-era or the interests of the audience. „ , (l . I Article 47 attracts the same crowd of hand- Board sri.l osc every effort to complete the I wt -n dressed people to Daly’s Fifth rowl. Hie corporation bts money enough I Avenue, that flocked nightly for nearly a owing tt to pay Its debt*. When toe injane-1 year ro sec “Divorce.” l!«n Is dissolved, the Bffnbridge Democrat Article 47 is not so good a play, however, .... • III Inu roo I.. I •» Divorce, and will not ran so long. Still it think* HUB Wi.l be ‘id to Colquitt slKirliy. I ^ go^eexedient points, and isput upon the The Savannah and Memphis Road Is get-1 stage In a manner which puls Wallack deep I in the shade. fin- car-sucau I The rerj tint net in Article 47 is, in my . _a .. » % ai/a ma «_ rv.— I opinion, its Kest. It Is a scene in the French Americas Inn voted *100,007 to tire Haw- Court wj(h „ trial of more thrm c . kintrilletnd Enfaula Hail road, sr.ys the Rc-1 tere&lin progress. A young genlJeman, be- puMi'-an. The lut of private •uWriplion* I longing to a good family, the only son of his puMi'-an. It rapidly filling up. is wisdom and absolute necessity. . W . UICU proniiwsa man woo uas servea oui , . # I * ,ls lenn °f P«*al servitude from returning ' Ivarncu of aurpassing importance I to ^ or jiving anywhere hut in cer- I only have been thus learned. I tain indicated locclitu*?, where he is always mother, and the mother a widow, has quar* relied with, and in a fit of paesiou, shot, not (. ann i (lil fatally, but so to disfigure her for life, a beau- *1 tact (.corgi* Bond Commlit e. I lifu | woinan W h 0ru |, e Joyed, but who be- , »members of the Georgia Rond Com- U> the demi-monde. , . r. f H-n «wi(**«uk** Wo I The witnesses are drawn from the friends milter, Captt m John I. Hall and Garnett Me of toth par , ie3i an d each one is a character Milton, arrived In Atlanta yesterday from I to study. Fanny Davenport makes her New York, where they have been for three I greatest impression in this scene, her style is weeks registering bonds and investigating I immciise. her toilettes a minvclt*, and her cool , . . .. , _ I and any impudence captivating to the last the bond matters. Colonel bimra< ns re-1 The prisoner is sentenced to the gal-' maim'd behind for a few days. I leys for five years, and the interest of the The trip was a valuable one, and'results play turns on Art ele 47 of the French Code, vindicate it* wisdom and absolute necessity. I »>“=«* prohibits a mau wbo baa served out Farts were that could Lii-ht was gained on the bond question that I kept under police »urreliance. ^t. . w _ Thft The mad scenes of Miss Clara Morris arc only thus could have been obtained. The amoug (lic mn8t rca | isl j c specimens of acting c mimitte was neither wined nor omen, I ever sw;n upon Ui* stage, but the final effect Int atevlily refused all attentions and did I of the play is very much weakened by the their Wans alono. Major Bacon was with I ineffleieency of the principal male character, I who fails utterly in evincing any sympathy tbrrn awhile. with his misfortunes. '1 be report* circulated by Henry Clews in The spring season of Opera at the Acade- Ihc New York papers that they consulted or I my lias been an unqualified success. The were Influenced by him are wholly untrne. combination of Parcpo Itoaa, Wachtcl. Bant- rv*i, „ mnmt9 ,.,1. j h *_ I Icy and Phillips will be rc.mcmbcrcd, and They sent for him and examined him for | C0n£l i lulCJ | a mU sic il event which it is hardly three hours, and this was the extent of their I possible to repeat in the history of a life time, intercourse with him. Shortly after their I lift raking rr. an-ival, a short hand reporter presented him-1 There is much less moving than usual at „-,f to take down their testimony, they could not get along without such a re- | n „ „p. Any quantity of people arc porter. They declined bis serricee, and asked I going to Eur<nie, some for tbc run of from him wbo sent him lo them. He said Henry JLrco to six months, a K° |° J*“P j” , fW . . » • . j . London and Paris, but tuc larger number to i lc.vs. Flic innocent departed unemployed. ecoaoB1 j 8e j n (jermany, or Switzerland, a The registration of liondabinot quitccom- more difllcuit matter now than formerly, plots. Some in Europe liave not been regia- for siuco the Germans have grown prosper- 1,-jo 1 i he amount will run to over nineteen M-JV‘hey.soiro to faahion and luxury and , . . . ., I high prices like the rest of the world, and iiiiili'iir, anti ticrhiipe up to twenty-ono mil-1 arc tbeir reputation for primitive Ih-ns. I virtue; The illegality of the Brunswick and AI- Thoao.who cannot go to Europe arc going i . K-..I. ... intotliecountiT tociuuv.ite Lens and chick- h.my Ituiiroaa bonds waa dearly proven. | Their own cabbasns.mercifullv . ... , eni. an.l grow iheirown cabliagt-9, mercifully 1 he w hole matter viw thoroughly Tcmlhiteq. I ; w ;1 IC majority of eaves of how Numhcia of witneascj testified fully showing I much' eggs and spring fioweracost purchased that the indorsement was sought with the I in that way, sml revelli.ig in delightf ul antici- knowhdgn of the road being unfinished to I legally call for the Indorsement. One Gtn-r The f pring openings of many of the ; argeat «r»t Ledlle, a Feder*! Gi-nerat, gavo his tea-1 and most fashionable houses (lo not take place liuiour fully and frankly. until April, and the enormous competition „, ' ...t t„ among them rendera ibcic exhibitions con- Hi wa* drawn Into the matter and pnl in I g . sn ,j„ more extravagant and imposing. *5“>,000. f<-r which he holds illegal bonds. I jv-nch ladies arc said to have revived ]Ie is a sufferer to that amount. The bill I rhtUtyt moimelin it hint, two favorite and giving Ilia second installment of *8,000 p»v inexpensive materials of thirty years am, for * ' ’ ,, , .. . ., . tbe sake of economy, but no material is al- ■nile in C'i'l «f htato aid to tlic rood waa j owcd reprCit . n t economy with us. Trim- proven to have been drawn up by the I in |Q S .nd making brings even an alpaca up company and a hill of *400,000 expenses for I to a cost which renders it a luxury, while im- geitirig it passed the Georgia Legislature waa ported suits of eluiVef, *“(««*. J«^ard .and - . , “ I other mstcrials of a simple and not at ail presented. Some very leading men are im-1 ^ description, represent in the flimsy pliexletl in the reception of some of uu* I frilling and fnrheloa ing of each one, the en- enrruption fund, among them Democrats' tire amount ot many a mndcsit woman's out- M.mey was also proven to have two spent lay for a whole season. Who bays the grand , . . I costumes is a problem. Material suits— in securing the passage of the first cn ' j (Ijj.t j tft wool'-n ami mixed fabrics—from fifty dorsement of this road. I p, seventy-five dollars each; linen snits, front The *N00,00(l bonds of the South Georgia fifteen to fifty; batiste suits, from fifty to a and Florida Railroad, running from Albany hundred; and OTbr^ercd.saiiM.piquc^ . t i...„. ...will. i m,;, I other fancy cotton goods, including the coarse to Thomaaville. were shown to be legal. ‘1^ I traveling and “matted cloths now consid- nmonnt of *1(41/07 was loaned on *510,0001 ere j ^ a j a noit, and figuring os high as indorsed bonds of the Bainbridge, Cuthbeit balitlt, be piled up in confused heaps upon and Columbus Hood, not one mile of which tables and counters as If they were not worth " , I a thought, tlie “combination” toilettes alone ** bunt. I consisting of silk and sntio. lace and crape, Of the three millions of gold State bonds two I having the bands of a targe figure upon which millions wero cold, three bnndrcd thousand todisplny their special and varied attractions. « iwm.il ti.rt QI..A*. rtMwiu an/i I One of llicse sentinels is arrayed in a robe are on deposit lo tlio States crttlU, I oo lu posed of two shades of sage green faille seven hundred thousand are hypoln: -1 ^ j r j mm cd with flounces, beaded with caied at ab»>nl seventy-five cents on the I a nch mutcru of embroidery executed in dollar. The holders of these liypetbc- two shades of the silk. Train tunic embroi- .it i„ M is M n # I dered an<l bordered with fringe, pointed catrd bonds, ns well as the purcboacn f I ba9( ^ ue i KH ]jj ce? nm j coat sleeves with cm- KimballOp^m Horae bonds, are wil.ing to I m arquise cutfs. Another dress for lake new b rndn of the State at the value of | opera wear, consists of a train fkirt of pale their loans and purchase money. I rose colored siUt«trimmcd with narrow floun- Clew* gave swat damaginfipioce evi- of dcnce ngsmst lumselr. He told fl.CoO.OOO I w hitL^ilk striped gauxe, trimmed with frayed of the gold K»nds at 861 and 87J according I ruches, and knotted silk fringe., to his account presented some time since. A charming costume far summer wear is . . D ,, , , aa I cc moused of a ?kirt of pale blue foniard. He hid authority from .Bullock to fell at 901 v ^j, g ra juated flounces of small and 89 cent* lie testified that he really I fltrured chintz foutoid, vandyked, and edged •old at prices bey on 1 90 cents, pocketing all I with narrow black and white guipure, Dolly over the 90 cents. HU testimony was era*- Varden polonaise of ecrea China grass, pro- r»d 7-S He could ni/rcmcmbcrk-lytrmuucdwitU lace, and mserttons of bow much ho had made over the 90 cents. I The effort at “ simplicity” and “ economy ” Some of the bauds sold as high as 9d cents and | in chaileys costumes may bo illustrated by from that price down to* He thus cUim. ail over tbe 90 cents under Bullock a order to I rQ6C l;i ] s Bn j foliage. A flounce much deeper sell at 90, thus robbing tbe State of a huge I at ,j, e back than in front ornaments tbe skirt, amount known only to himself. H* j the heading being arranged in fan-shaped to e,-t 51 percent commission. Thus flaking; final and piped with rose colored to gu at pi r cent I fmlit. The upper dress consists of a Mar- from 90 and 09 cents leaves the gfil and 8<i I g Ucr jtte tunic, moil .Cry full and caught rents for which the bonds were reported sold. J pack with fan-shapes of /«&, set beneath Now if «S seems the case, he took his com-1 smaller ones of chaileys. Rose colored/.aBs missions out of the 80, and 87* cenU Instead Yg«d anli^c of the 90 cents, he has doable commissions! ^ flft dollsts. in addition to tlie surplus over the 90 cento I The prettiest Dolly Yarden costumes con- retained by him without aulhori'y. And hia | sist of a abirt of pink or blue lawn, trimmed picking* from the people of Georgia will run to hundreds of thousand*. ! C( j w m, narrow black and white guipore- Tuc figures at which Clews sold the bonds I The polonaise is of the clintx and is made in allow how Georgia stands in the markets of ] the usual style with open boddice and world. Why.wbUe^ in session a gentleman came :n with *100.0001 n the 6kiri _ (t.e Jenkins issue of *614,000 Stale Hoed I u should be remarked that tbe flounces ruotixags bond* by Bullock, that he had upon the skirt arc set somewhat apart, so « “ * . f ..com. o'd bonds he held, and I to give full effett to the flower-like dtspost- exchangod f-ir some o.d eonds he held, ana I ^ design, and it may lie remarked be rcfustsl to for aoj thing lest than par, I that the edging of black and white a'Vging they were u good aa investment as I lace upon the clear many colored material he w i V uL and he knew the State of Georgia with which it is extremely difficult to a»o- ue wa * t, ^ ... I ciate a trimming of any kind, is sufficiently would rot repudiate P»5 ment of money ac-1 j^.py mseem like an inspiration, lastly received, lie was very willing U) otic I presses of this description made to order mil t v the suspension of payment of interest 1 cost *73. , „„ „ , , wb v tl.il investigation waa going on. as he In addition to the Dolly Yarden polotuuse S. ,.g would get it When tL investigation and costuares, tbcre sge pow Dolly Yarden wuover This is the way bon^tbonJ- caps. b«d-dresse'L«=cues and new apdarery holders“ri abont this matter, and it fllns- prrtty Dolly Yarden aprons for young isjhes . II, l. ru-oreia's erediL I and misses, which forms a simple, yet stylish, U Thi currency hlmU-SjTSSe brought in. little overskirt with boidtoe exactly adapted and it illustrate* how reckless those New to summer coua’^y S/h York capitflis * and speculab ra can be that I are sold from two to seven up.lsrs each some who held tin se bond* for money loaned | at the furnishing stores^ t., Kiiu'o.'.'. aeuvdiv had acopy of Bullock's ICcurreuc;^-b uid. andWlthea,. Ttor d^*ycd at prreenk which are very good and seasonaula wear for the present montn, and can afterwards be used for occasions daring the summer. In the midst of so much variety, for we have not enumerated the usual linens, piqnis, eatines, fine hair and striped summer silks' the repidlg increasing family of Japanese silks and poplins, nor yet tha later moossclin it laintt, the chaliies, the mobains and eo on admfinitum, the mixture of old and new. in creasing the difficulties of making a selec tion by the average lady, wbo bes only a choice of perhaps two or three dresses to make and is fully alive to the importance of her decision. In such cases, it is best not to be deluded into a porcase of any of the “ fast” material* denominated “stylish” the towe’ings and such. Fineness and neatness outwear “style," at least the modem imitation of it, which passes currant with the majority. Nothing prettier for spring and summer morning costumes can be devised than the light materials Iradt in delicate shades of gray, stone, and brown. They are made with one deep flounce, or two, or three of graduated with gathered and ornamented with a handsome braid pattern, which forms both a border and a hording. Tho round tunic with cape is braided to match, and if the material is woolen is finished with fringe, if cotton or linen, with the new guipure in a shade to match the dress. The efiect is very good, however, without either lace or fringq. The cast is from twenty to fifty dollars tbe complete suit, according to material and fin- k*u TUB “WiTTBlO" COSTUUH. French moduta use the term tcaOtau to designate the “Dolly Varden,” the pretty daughter of the English locksmith, having no special interest for them, and representing only the long, peaked waUt, flowered, hunched up skirt, and straight sleeves with ruflics, in which Watteau loves to paint his fiorid beauties. Tlie common meaning which we attach to tbc “wattean,” however, is eimply that of a broad plait laid in the hack of a garment, and which distinctively characterizes it os a “watieau” cape, a “watteau” sac, a“watteau” wrapper, or a “watieau” polonaise. This plait flowing 1 msely from the shoulders or the neck, down tbe back, gives a negligt ap pearance and was at fitst mainly confined to meaning wrappers bat with the singular lunacy for adapting a certain style to every thing, whether appropriate or not, which is characteristic of wliat we call fashion, the the sale, and one witness testifies that he, one watteau plait has boon made to do duty of the plaintiff*, was told before tbe sale that upon all softs or garments, in all sorts of ma- tlie mule was sick and diseased and would terials, upon all sorts of figures,until it has die on bis hands, to which here-plied, “IVe’ll, become simply nn excrescence which one patch him up, perhaps be would get well half tac women wear because the other half enough to sell, — -*• •• taken, but the defendant was indicted under the 4450th section, which creates a iutinet of out; that section of the Code delates that “If may person shall buy or receive any goods, chattels, money, or other effects tha: shall have been stolen or feloniously taken from another, knowing tbe same to be stolen or felonionsiy taken, such person shall be taken and deemed to be an accessory after tbe fact, and shall receive and suffer tlie same punishment ss would be inflicted on the per son convicted of having stolen or feloniously taken the said goods, chattels, money, or ef fects so bought or received.” The term “fe loniously taken" in this section is used not to indicate that the defendant is guilty of a felony, but to show the intent with which the goods were taken from the owner by the prin cipal thief. There was no error in admitting the testimony of Johnson—Code 3799. It is assigned for error that the court overruled the defendant’s morion to quash the indict- ment after verdict, on the ground that two of the grand jurors who found tho bill of in dictment against the defendant were slock- holdcrs in the Central Railroad ft Banking Company; the said Central Railroad ft Bank ing Company being the prosecutor,which fact was not knewn to defendant until after the trial. The record shows that William SI. Wadley was the prosecutor, and not the Cen tral Railroad ft Banking Company. There is sufficient evidence in the record'to snstain the verdict of the jury. In our judgment the motion for a new trial was properly over ruled. Let tne judgment of the court below be affirmed. A. W. Stone, G. W. Wilson, represented by George S. Thomas, for plaintiff jn error. A. B. Smith, Solicitor General, by brief, contra. Williams ft Lee vs. Robert & Wylly. Com plaint,from Pierce. WARNER, O. J. This was an action brought by tbe plain- tills, who were partners, against the defend ant on a promissory note. The defendant dead a partial failure of consideration, ul- eglng that one of the mules for which the note was given was unsour d at the time of the sale, and of no value, and that the con sideration, so far as that mule was concerned, hod failed, to-wit, in the sum of one hundred and fifty dollars, of which the plaintiffs then and there hai notice. On the trial it appeals from the evidence in the record, that the plaintiffs sold to the defendant two mules and a wagon, one of the mules being blind— that tbe defendant had paid the plaintiffs one hundred and fifty dollars, which was credited on the note. One witness testified that the unsound mule, which died, was tlie induce ment to the purchase. It also appears from tbe evidence that the mule was sick before do, but which has no meaning or signifi cance whatever. To any but very slendcr®flgures a “ wattean” design is exceedingly unbecoming. In thick mate rials it i- clumsy, and it to always too neglige for real elegance. Ladies Blionld, therefore, be caution* in having spring and summer cost times made up af Iti.Vatican patterns, espe cially those who cannot afford a great varie ty, for the reasons, though thev may not seem apparent at first, will present themselves strongly aftorwarda and givo occasion for fresh trouble and exjiense in remodeling. EKMLISI CAFES AttD TALMAS. There are many very pretty talmas, Jack cts and mantles or light cloth and cashmere, which are adopted for springwearoverdemi- traiucil dresses, or as an addition to suit*. These are almost aniforrasliy embroidered either with black untae'e or two shades of tho light gray atone and wood color which constitute* tbe color of tbe doth. The beach cashmere and tragi els jacket* omhroidered in colors, which were a rage tor a time, can now be bought for a song. With the warm weather will come a de mand for lace sacqnes and jackets, which are very graceful in style. In real euipuirc, they are m<ire effective than Chantilly lace, aod of coarse ire less costly.' A very hand some guipure jacket can be purchased for seventy-five dollars, and considerably less of a somewhat coarser quality. Fine Leama lace sacques, which the most distinguished ladies now wear oyer black grenadine or gauze suits and dresses, cm be bought at from tnenty to thirty dollars. TIM TOUItXUBB. Hoojied-skirts arc no longer worn, but the tournure is now an object of the very great est importance, as tbe entire character of tbe costume depends upon the more or less bouf fant style of tbe tunic and its proper ar rangement over a fitting bustle, or, more cor rectly, tournure, Tbe number and variety therefore, of new bustles and, tournurcs is endle*9 t and in the mc.ntime, girls whose pocket money to scanty draw a newspaper upon a string and try to counterfeit tits required lump, without more expenditure than is required for the daily in tellectual feast of tbe average American citi- zen. Parasols hare reached the extremity of size and ugliness, they araneither respectable os umbrellas nor pretty and ladylike as para sols. Smelling bottles attached by gilt chains to the waist band are considered a necessary part of a summer outfit. Very handsome riding habits of gray silk beaver, trimmed with gray gauze veil tied at the back, are the latest for lady equestrians. JnxHIB Jcsh. DEC ISIONS —or TUB— surnprjB cocut of geoucia VcUrcrcdat Manta, Tuetiay, Apri 30,1872. [allOBl'SD EXCXUSITILT TOE TUB ATLAXTA COXSTT- VSTIO.V. ST BWBT JACK?*!*, S* nivl •SL'KT BfroP.TKK. J Willis Yonng, Sr., vs. N. B. Brown. Home stead, from Screven, WARNER, C.J. This case came before tbe court below on appeal from the Court of Ordinary of Scre ven county. It appears from tbc record that Willis Young, Sr., as tbc bead of a family, applied for a bomesteqd, which was objected to by Brown ft Co., bis mortgage creditors, but was allowed by the Ordinary. An ap peal was taken to tbc Superior Court, and on the trial of that appeal, the jury found that tbe applicant was not entitled to a homestead as the head of a family, and judgment was entered upon that verdicL Afterwards, in January, 1871, the said Young again applied to the Ordinary for a homestead on the same land, which was allowed, and an appeal waa again taken to the Superior Court. When the case was called in the Superior Court, Brown ft Co., the appellants, moved the Court to dismiss the application for a boole an improper finding under the pleadings in thb esse ■ Judgment affirmed. - A. M. Speer, by brief, for plaintiff in error. Smith ft Al.zander, J. L Hall, represented! by the Reporter, contra. James L. Hilton vs. F. W. Sims ft Co. Com plaint, from Screven. MONTGOMERY, J. Where a planter, in March, ISM, gave bis factor a cote for *2,000, secured by mortgage of realty as collateral.fecurity for all ad vances made by the factor, up to November 1st, 1809, at which date !bn planter owed the factor about *1,300, and after that time the planter sent forward cotton, which tbe factor sold tor more than *1,300, but the planter drew upon him by draft in favor of different Larsons as be forwarded his cotton, and tbe factor took up notes of the planter to an amount large enough to absorb the whole proceeds of the cotloa^xcept about *G50, which was credited on the amount due the factor on November 1st, the note and mort gage are still collateral security for the bal ance due the factor, Tbs drafts by the planter and tbe notes token up are an appropriation of the proceeds of the cotton to debts other than that due the factor on November 1st, 1869. Judgment affirmed. . W. Hobby, by t rief, for plaintiff in error. John C. Deli, J R. fijjv.r, contra. The Savannah and Tb>-derbolt Railroad Company vs. The Mayor an Alderman of the City of Saronnao. Injunction, from Chatbam. - - enough to self, and we will get rid of him." Shortly after tbe purchase the mule died, and after tho death of the mule he, one of the plaintiffs,said the mule was not worth any thing, and defendant ought not to pay for him. The court charged t be juty that if they found under the evidence that the mule was sick or diseased at the time of tbe sale and died of the disease, that it was a partial failureof consideration and defendant was cn titled to a verdict. Tbc jury found for the defendant, and plaintiffs made a motion for a new trial, on tbe ground of error in the charge ot the court, and because tbe verdict was contrary to tbe evidence, which motion was overruled and the plaintiff's cxci pled. The error alleged to the charge of the court that this defence of partial failure of consideration was not a good defence to the note under tho facts of the case unless there had been a warranty of the' soundness of the mule, or deceit on tbc part of the plaintiffs when the sale was made. What ever might have been the rule by tbe com mon law in relation to Ibis question, our Code has modified that rule, if it baa not en tirely changed it. “It the consideration ap parently good or valuable fails, either wholly or iff part before the promise is executed, such failure may be pleaded in defence to the promise. If partial, on apportionment must tie made accenting to the facts of each case.” (Code, Section 2,708) “Whenever an action shall bs commenced at common law founded upon any contract, the defendant in such action may plead and give in evidence to the jury upon the trial thereof, that the consideration, upon which raid contract was founded, has totally, ur partially fail ed. Such pica shall only be pleaded in eases between tbc original parties to the contr.tc.1 or their privies, or as- ignees whose title has been acquired with notice, actual or constructive, or by operation of law.” (Code 34*1.) If there to no ex press covenant of warranty in the sale of a chattel, the seller warrants that be has a valid title and right to sell; that the article sold is merchantable and reasonably suited lo tho use intended; that be knows of no latent defects undisclosed. (Code 28UU.) In this case the evidence to that one of the plaintiffs, who were partners, knew that the mule was diseased, which fact was not apparent to the purchaser, nor disclosed by the seller. Al though the charge of the court may not have been technically correct, yet it was substan tially so in view of the facts of tbe case, and when it appears from tbc evidence in the record that justice has been done, a new trial should not be granted. (Terhunc vs. Dover, 36th Ga. Rep.. 653.) Let tho judgment of tbe court below be affirmed. W. B. Flemming, W. H. Dasher, repre tented by S. B. Spencer, for pluinliirin error. No appearance for defendant. William D. Oliveira, Justice of the Peace, vs. Tbe State. Malpractice, from Chatham. MoCAY.J. In an indictment against a magistrate for willfully and knowingly demanding more costs than lie was entitled to by law, it is not sufficient as in ordinary cases to set forth the offense in the language of the Code. The indictment must, os the section cieating the crime proyides, "specially set forth the merits of the complaint’’ and is defective unlera it specify tbe items of costa actually due as well as die amount demanded or received. Judgment reversed. P. w. Meldrim, for plaintiff in error. A. B. Smith, Solicitor General, by brief, contra. Griffin ft Clay vs. William J. Marshall and John W. Anderson’s Sons ft Co. Clajm, front Chatham. MONTGOMERY, J. 1. Tbe State has the same right of eminent domain over the strecla and squares of Sa vannah, dedicated to the use of the inhabi tants of the city, by Act af 1760, and those since laid out upon the common, dedicated by that Act to tbc same use, us It has over other territory of the State, and may lay nn additional servitude upon such streets and squares by granting to a corporate*, the right to run a street railway, whose cars arc drawn by animal Dower, through them, with out the consent of the Mayor end Aldermen of the city. 2. Tlie Mayor and Aldermen of the city of Savannah have no such property in the streets and squ ires of tne city under the act of 1769, or any act amen-Jatory thereof, rs entitles them to pecuniary compensation for tbe ad ditional servitude, so placed upon the streets and squares by the Legislature. Nor liave they the right lo an injunction restraining the construction of the railway for the benefit of tho residents along such streets and squares. If such residents are damasod by the construction of the reilwav, they will be beard by the courts upon ’a proper case made. J udgment reversed. > Haru.dge ft Chisolm,- for plaintiff in er ror. N. J. Hammond, Wm. W. Mitchell and I D. JIcElvin. Habeas I ham. MONTGOMERY, J. | 1. A colored Child, borif before the 9th day of March, 1866, within what was regarded ns stale of wedlock betwetn its parents, while slaves, and wbo is acbncteledgctl by its fa ther, is the legitimate chid of both parents If the parents separated before that dateand the child remained with‘the mother, she to entitled to tbe control of it daring minority. But if she voluntarily yield the control to the father, and he takes the child away with him, she cannot afterwards resume the con trol without the assent- of the father, no reason being shown why tho father should not retain the custody of (the child. 2. If, trader such circumstances, the moth er is induced to sign articles apprenticing tbe child to a third person, under representations mafia to her by tiqit person, that if she did not do so, lio would send tho child ■t? to another State out of her reach. The articles are void as against the rights of the father, and any master to whom he may have apprenticed tj-o child: and on a wni of habeas cot pus sued out at the instance of the person holding tlie article* from tho mother against the father and the master to whom he had apprenticed the child, the child should have been remanded to tbe custody of the respondents; especially where tbe mo ther testifies that she does not desire to with draw the child from the custody of the fa ther, and that shn was induced to sign the articles by the representations mads to her. .Judgment reversed. Rufus B Lester, represented isy P, W, Meldrim, for plaiiititTiu error. Hartridgc ft Chisolm, contra. McCAY, J. Under tbe Judiciary Act of 1799 and tbe Act of 1839 amendatory thereto, a mortgage on personal property executed by one non resident of tbe Mate at tbe time, may, if tbc property be brought into this State, be fore closed in the county where the property may be found, and section 3995 of the Code pi on Leo vs. John orpus, from Chat- Hc teaches the people to follow not Wesley. Calvin or any other fallible man, tint follow the Primitive Church. On one occasion be immersed foity Italians in the Adriatic Sea, at Bori. Not hard to convince the Italtons of tho importance of immersion as an ordi nance, ss tbe indent Baptistries are monu ments of past ages, standing up to testify for tb to mode of baptism, and thus corroborating tbe teaching of tbe New Testament. In Rome we are as free os yon are in Mecca True, he was forced to give up his house of worshiji, but not because religious toleration was imperfect, but through tbe pressure of the Jesuits upon tbe owners of buildings de terring them from leasing them for religious purposes. He comes to tbe United States to secure money to build a bouse of our own, which the Italian government will protect Dr. H. H. Tucker lately baptised an Italian in the Ti’ier, tho first one since the days of Paul. The Christians at Rome are praying that God wilt incline American .Baptists to build them a house in which to worship the Most High. Rome is pre-eminently a city in which to plant Christianity. When Rome falls, all the idolatries of earth will fall too, as it is the center of all abominations. Will we not seize the opportunity now afforded and go iu and possess this land? Dr. J. B. Jeter, of Virginia, followed, re viewing the works of Dr. Cote, tracing the guiding hand of Providence in all the events of the last three ycarson the continent This Roman mission has been beyond parallel, the most successful one estab ished in modem times. Already seven Bapttot churches dot tbe plains of Italy, and soon these will form themselves into an association such os we have in Georgia. Ho read a letter from Drs. Tucker and Yates, in which they indorse Dr. Cote, and commend him to tbe Southern Baptists and insist that great efforts be made now to meet this emergency, and build this House forGod at Rome. He thinks Richmond will raise *5,003 for this cause. The Boston pastors have resolved that ♦100.0C0 must be raised to build this house. Thus these Northern brethren are willing to assist us. Yet the title of this building will bo in the Southern Bapttot Convention. But tbe South must help too, as this to our Mi*. Sion.. We first entered Rome. AVo first im mersed these Italians Lot a liberal response be made to this call, notTof Dr. Cote or my self, but tbe call of God. A lot in Rome will, in a desirable lotTinn, cost *30,000. A basement is desired for a school, and it is to stand in this Eternal City; and let us erect a noble building, one that will not fail to attract attention aud admiration. Dr. Dcvotie was called on. Ho said be as now seeing the Scripture fulfillment of the old prophesies of the coming of Christ; reviewed tbc rnjiid progress of spiritual light for the past fifty years; thinks as much os has been said of Scripture progress, yet reli gion to one hundred years in advance of science. and art He tea the dawn of the Millenni um. “ The morning light to breaking.” Yes, God is good, and the Jesuits nnJ Pope can do nothing in the face of Omnipotence; has no doubt that Jesus to soon to come to Rome to rule-over Bis own redeemed people. Dr. Jeter says every one will want a brick in this bouse. “ I want more than one brick; that don’t suit me.” Al this stage ot tlie speech tbe Doctor went off in sn indescriba ble Btrainof eloquence, picturing tbe reign of Jesus in all the lands, especially in Rome. Such an appeal I never heard in all my days. It bad the desired effect, and *1,600 was rais ed on tbe Spot for the Roman mission. Adjourned with prayer by correspondent Micox, April 27. uontttKO ssssiotr. Convention met at9 A. H. Prayer by Dr. Jeter, of Virginia. A considerable number of delegates re ported tiiis morning. Tbe Conventidn is a fine looking body, and upon tbe whole, pre sents a more personable appearance than did tbe rioulbcrn Baptist Convention at St Louis last May. The North Georgia Association was re ceived ns a.cnnsti'ucnt member of the Geor gia Baptist Convention, on tbc application of brother (l. A. Lofton. The Hawkinsville Missionary Society was made a Constitutional member also, repre sented by J. JL Kendrick, Delegate. Also the Missionary Society of the School of tbe Second Baptist <. liurchj of Atlanta. Dele gates, non. J. E Brown, A. T. Spalding, D. D., and J. H. Calloway. Contribution sent npjby the above Society *250. According to previous arrangements, ten u’clovk was set apart to hear Dr. J. P. Boyce, of Sonth Carolina, on tbe Southern Uatist Theological Seminary. X-ho.Xfnli - here ihvc-lnctnnattCon- Tension itlt-t. IVw p-ili ical bodies liave CTCr met in con- Report of Committee on Mcrecr Ctiiven-l tv read, and, pending the discussion. E. AA Warren made an able speech, presenting tin University to the Baptists of Georgia, s worthy or still ‘ ‘ more extensive support, so many away from home—array from parental inti--.-' caM . , u p.ouo. snl if At wero worth ence and training, to be educated in institn-; while to pro IJc benches for more, tions of different faith and jiractice to ours, would a!l .-,v iu.000 to sit comfortably. The weakening our own cause, and, entire cost of The Chicago AYigwam was !’ Ul " commonionx Thiaks *,,,) 0 , wblie to alter Expiition IU11 for the the present is a time of crisis in purposes of this gathering will consume Mercer’s history. Now wc must put our hands into our pockets and give our money, and a good deal of it. to<>, to sustain it as it ought to be and must bo. AYe are able to endow this University to the extent ot *;00,000 at least, if we will try; we can send our boys to it, we can hold it up by our prsrers, and now is tho time to inaugurate this instilutioti on tlie grand scale that should be done. The amended report on provision* for the support of indigent ministers was read. Remarks were made by W. L.. Mansfield and A. T. Spalding, favoring the organizing of a movement of this kind. Report was then unanimously adopted. The Convention beard G A. L-.fton in ad vocacy of tbe establishment of a large Bchool at Dalton under the ausjiiccs of the Board of Trustees of M. U. Memorial received and referred to Board of Trustees. Treasurer’s report presented byT. J.tiar- tx'y and ordered to be printed. The report of Georgia Bapttot Oroban'- Homo was read by E. \V. AVarren, showing that a location bas been selected for tlie Homo about two miles above Marrictta, on a a tract of 3 JO acres of land which has teen donated for that purpose. The agent of this enterprise, R. AY. Fuller, in Uie short space of nine months lias raised in cash *4,791 28 notes *19,98150, and one *1,000 S per cent, bond on Atlanta making in the aggregate *15,772 75. Mr. F. shows that ibis exhibit to most flattering. He compared it wiili tlie work of Mr. Muler, of England, who has for many years been building up a similar institution at Bristol. In the first year of Mr. M’s. work lie raised about £20. A Home bas been temporarily opcm d in Atlanta, and there are now eleven orphans as the beneficiaries of tbis noble entcprisc. Mr. F. made a powerful appeal iu l-ehalf of tire orphans of Baptist ministers on J Confcd erate soldiers. E. W. AVuiren made some remarks explain ing tbs internal management of ihii Home. The matron to a Mrs. Crutchfield, of Greenes- boro. Report adopted. A letter was re id from the Romo Baptist Church, asking the meeting of this Conven tion with them iu 1873. Adjourned to 8 o’clock this evening. Prayer by D. Shaver, D. D. EVENING SESSION. Eight o’clock—Prayer by C. C. AYiilis. Tho evening has been set apart f.ir a meet ing in the interest of Domestic arid Indian Missions. Meeting was opened bv Dr. Sum ner, Corresponding Secretary. He was followed by AY. N.Chaudoin. lie spoke: 1. As to results, and tbc report is very cheering. 2. To necessities. This to truly great. Not fifty miles from Macon, recently', was found a child ten years old, that had never seen a minister nor heard a sermon. It lain the thinly settled districts of the mountains and sea-board that this destitution to most felt. 3. He regards giving as a mean* of grace second to not even prayer, and be rejoiced to know that the peojfie were begining to see the subjective us well as tbe ol jectire vic-.v of this subject. “It is more blessed to give than to receive.” Dr. Sumner followed, showing 'hat the re ceipts of tbe Domestic Board are rapidly in- creasing. Two years ago it reporlisl *56,0 0: one year ago,- *31,000; now *39,000; 177 men have been in the employ c-f this Board for the last year. No interest to so great as this. Tills is the ground-work of all other missions. It wc languish at home, then will China, Italy and Africa soon feel the effects, but if the field be cultivated well at home, then will we be able to assist the foreign field. Since tbe organization of the Board, we have had 1,500 missionaries in its employ. All these are friends to the Board and ate helping us still. Thirty thousand dollars has been expend ed by the Domestic Board in Texas alone. The Strong Church at Galvcs'an, Texas, now paying its pastor *3,500 and a par3on- toinrflaoSy « ni .uuSS* account o/thetr antiquitv, titan their novdly IfiS .u'ml” xve prevented any r.cigniffoi 1 have snddenly MossomeJ rum aa sit fresh et t !,e t- -Tuis. The incideot shows the danog I noa, ana an a Ibe’iaoneT-lenftrc 1 Of romi^tesemro can-1 2>d afltoXrtioasofa girl of the'period would Sf, k^^h^b SSkSr I be in. grim, ananuegt maiden of the .ever- . Th . e: " i D ^ m3tlOT ° r,rhiCh “ I “a**? rivrito thfuaden-Baden toweling, lf'to r ?S5dent to S^tkat «he committee we haTe rough unbleached “BambooffiotV Ima done its duty well, that the result* of the « MV*™ trip tie of trrmendoa* magnitude end im I Th ” 11 ,re kfT?, , portance to Georgia, that the bood-bolder, dmra whxh orc teAW Uraunfol. and 'lndta have liven saved a large aum, amounting to I Seersucker,, made of affk, and bark-striped •nJsrly *100,0K», that it would havecos: while and blue, and thirty-«x inches wide, TLrm rotiave expressed their bonds to Geor | for twu dollars and seventy-five rents, India -i* for: i-gistralion. for which amount the I Pongee reue in tint, »nd twenty-five inches •Sue wool! have been in honor board. I wide, for one dollar and twenty-five centoper iu! tbst the who!.- matter has been U yard, and Chinese silk, in strips, twenty-five Sumiaatcd and made clear. I inches wi Je, fer one dollar and fifty cents per The committee will have a short meeting I yard. , ? AlUnajarim_«« of Hqyto estate a 7e w^^evre wh'ro t^> rawTtTii j not say that the objections mred bythede- Xhrir report fsr'the .Legislature. P l months ago, bnt which now suadscly floods I frodanffs scomssl Would nsthars bsew wail was re* aijuiieoia. The applicant then not repeal the Acts of 1799 and 1832 in this moved the court to amend his- petition for respect, homestead, by inserting an additional ground Judgment reversed, for nomestcad, to-wit: a new right of home- .Ija’T-k° rel * 4* Falligant, J. R. Sansy, for stead which had accrued since the former plaintiff in judgment, but which was not included in his Hartndge ft Chtsoim, contra. uetition to the Ordinary. The court refused _ . „ . . ~ - , io allow the applicant to amend,and dismissed Sarah Houston, et al. vs. AYilliam David- his applicstion for homestead, whereupon the 1011 c ‘ Equity, from Chatham, applicant excepted. UcCAY, J. If the appellant relied on the former judg- Under the Actof 1816, illegitimate brothers ment as a bar to the second application, be uml sisters born of tbe same mother and should have plead the same in bar, and then their representatives inherit from each other the question would have been made whether, ja the same manner as if born in lawful under tbc evidence submitted, and tbe law wedlock, and if at tbe death of an intestate, applicable thereto, tbe former judgment was the brothers and 6isters be all dead, their a bar to the second application. Incur judg- cnildren take per capita and not per ctirpet, ment, tbe applicant had tho right to amend just as do legitimates under the same clr- hto petition in the Superior Court so ss to eamatapees show suen facts as would.entitle him to a 8 X he not of 1859 and the Code, section not exist at the timetoorthe rendiUon o, the former judgment Whether the evidence of grand chUdren of brothers aud sisters ex tra new right to a homestead as the bead of also, to distribution snong the a family would have beet sufficient to release brothers sisler3 oI illegitimates him from the bar of the former judgment ^j ^eir representatives, but if all was the question to be trusLand about which ^ brothers mdsistera be dead, leaving cbil- we express no opinion. Neititer do we ex- d u d one of the nephews be also dead press any opinion as to the right of the apph- - - F - - — cant to have a homestead on the land as against the mortgage of Brown ft Co. All that we do say to, that he was entitled to be heard, and that the court erred in dismissing bis application without hearing the evidence. Let tbe judgment of the court below be John D. Ashton, J C. Dell, J. L. Singleton, represented by Jniton Hartridge and R. £L Clarke, for plaintiff in error. AY. Hobby, J. R. Baglay, contra. Henry Briber vs. The State. Accessory After the fact, from Chatham. WARNER, C. J. The defendant was indicted as an accessry after tha fact, in buying sad receiving stolen goods and chattels, under the 4420th section of the Code. On the trial ot the case, the defendant was found guilty, and a motion was made for a new trial, on the ground* specified in the record, which motion was overruled by the Court, and the defendant excepted. If the defendant had been indicted for a i misdemeanor as an accessory after tbe fact. Georgia Bnpllst Stato Convention. Macon, April 26.182. AFTERNOON SESSION. Convention met according to adjournment, 3 r. st., Dr. Devotie in tbc chair. Sung— “I Loro Thy kingdom. Lord.” Prayer by Dr. Boyce. Committee on Credentials made their je- port Atlanta to represented by-Drs. Shaver and Spalding, J. H. Cal'.owny, H. C. Hornaday, 1L F. Buchanan, J. F. Edens, R. AY. Fuller, E. W. Warren, O. M. Irwin, J. J. Toon. Decatur by Wm. Henry Strickland and M. AY. Samms. Marietta—W. L. Mansfield. Jonesboro—A. E. Cloud, W. N. Cbaudoin. Griffin—J. n. Dcvotie, Jf. F. Stewart. But tn o delegates from Cherokee, Georgia, G. A. Lofton and K B. Hcadcn. Central and Southwestern Georgia is well represented. Tbe body then went into elec tion of officers—resulted as follows: Presi dent. D. E- Butler; Secretary,G. R. McCall; Assistant Secretary, N. A. Baily. During tbe tithe given to the letters to re tort the result of the ballot, a season of sing- ng and prayer was engaged in by the Con vention in special behalf of Dr. Mcll and Frof. Wiilet. wbo are now sick, and detained from this meeting. In taking tbe chair, CoL Bntler made a sborth speech of acceptance in his usual friic- itons manner. He alluded to tbe fact that Ibis is tbc fiftieth year ot this body. From a handful then, it has grown to a great na tion. Then we had three Association, now thirty; then a score of minister, qow fifteen hundred. “ Let us go oh and this last half century will witness still greater triumphs for Jesus.” A communication was read from Robert Flemming lamenting bis inability to be pres ent, and giving some interesting accounts of the early days of tbis convention. Order of business of last year adopted as the rule of business. On application of the Noonday Associa tion it was received as a constituent member of tbis body. Committee on Preaching appointed, con- He speak* to the question of present loca-1 ago per annum, is tbe child of the Board, tioa aud removal of the Seminary. Georgia More Uian 1,209 persons were baptised by bus been from tlie beginning closely ulenti- our Domestic missionaries lastycar. O. how fled with the rise and progress of the Scm- thankrul we should be for these riorioua re- inary, always assisting and sustaining by both suits! funds and students A. D. Phillips inquired what amount do At the opening of thc_war the endowment you want here to-night? Answer—Five hundred dollars. of the Seminary was sufficiently large to an swer all purposes. Tbc endowment was lost during tbc struggle. Since the war tbe institution has been sustained by annual do nations, which, in these bard times speaks well for tbe interest that Southern Rapti is take in tbi* cause. All over the South lie finds that the brethren are deeply solicitous for tire welfare af this institution. Previous the war tbe Seminary found no sympathy in Kentucky or Missouri. Now tiiese States are two of our mo**, liberal supports. He de sires to raise a permanent endowment, again, and thinks it best to remove the Institution before tbis endowment is raised. The Semi nary wants indorsement sufficient to buy a large, costly library, to support pro fessors, to entirely support tho stu dents, while in their course oi studies. Kentucky bas already bid between three and fonr hundred thousand dollars for endowment, provided tbe Seminary be lo cated within the limits ok that State Ten nessee offers *289,000 on similar conditions Memphis, Nashville and Chattanooga are all mentioned in connection with the future lo cation. Does Georgia want this institution ? Then what will your tieople give to iuendow- ment? Is not Atlanta the place? AVhyhas marshal of the day; G. G. Browne, the she been so indifferent to her interests in this orator; and a poem w»s read by Master great mutter? Chattanooga is very near to Harrell, written by Frof. Battle. Georgia—really a Georgia city—as Georgia people have made it.' AYon’t Georgia co operate with Tennessee and thus ob tain the location just on tbe bor der of tbe two States? If Georgia will trans fer her theological fund of Mercer Univer sity to tbe Seminary, 1 have a fine location three miles from the heart of this city, (Chat tanooga) which location is just cut in two by the State line, your fund shall be invest ed in the Georgia side of this line if you see fit to co-operate with us. Committee on Finance—U. B. AYilkinson, chairman. Baptist ministers invited to scats. Accept ed by Jas. Barrow, M. AY. Samms, T. J. Pil cher, S. Boykin, Tenn; J. A Kinnebrew, Ala; J. AYm. Jones, of Virginia; AY. A. Cote, M. D., Rome, Italy; T. H. Morgan, A. J. Battle, D. D., of Alabama; AY. W.Krily,J.T.PriOT, tics, became sick of iu He sayr: '' It is a of Alabama; VY. Edge. L. AY. binitb, J. B. carse to any man who owns a good farm, as Jeter of Virginia; J.F. Boyce. D. D„ South I a 0 , to get mixed up in politics. It unfits brother Pearce, T AY. Cutaway, T. J. j?J?ainu£, £ g"™"* »’ D ~ him forjto real work and %e to ncycr better. 8 President and Clerk were instiucted to 0 f^B^ardSf''SiSSiTf n Mere > er Dn^ref <^s,ittofell known, are qutle sensitive make appropriate reply to Brother Fleming’s ^ to dunD K *i<ne Uoey letter in behalf of this Convention. On motion, a committee of seven was ap pointed to consider the best means of rais ing a permanent fund for the support of in digent ministers of our denomination. On motion, the Convention adjourned to 8 o’clock to-night to then listen to the address of AY. N. (kite, M. D., our missionary in Rome, Italy, who comes to tell us of the city. Prayer by AY. D. Atkinson. EVENING SESSION. Then thereto the French batiste, which only I under the 4243d section of toe Code, we win among toe nephews and nieces, toe children of the deceased, nephew or niece taking among themselves toe share that would have fallen under the per capita division to their deceased parent. Judgment reversed. J. j. Pope, represented by Julian Hartridge, for plaintiff in error. J. R. Saussy, centra. Stephen Hollingsworth vs. Oliver Smith et aL Equity, from Upson. McCAY, J. Where one had procured a homestead to be set off to him under toe Constitution of 1363, in a certain tract of land, and had filed a bill against a creditor, who was about to sell ton same under a judgment for toe pur chase money, and the court refused to charge the jury that if they should find that the debt was in fact for to* purchase money, and tbe homestead therefore subject, they might still enjoin the execution as to fifty acres of toe land, on toe ground that this was exempt from levy under sedUon 2013 of toe Code: Held. That there was no error in this re f usal to charge, such a decree would have been foreign to the object* of tot bill, and Services opened by singing “All Hail Power of Jesus’ Name.” Prayer by A. D. Phillips, of toe African Mission. Dr. Cote was presented to the Convention by toe President. Dr. Cote presents toe salutation, toe Christian salutation of Paul, sent by brethren from Rome. The Lord has opened np the way to us, aud we ore now free to preach the Gospel in Rome also. On the day following the proclamation of toe Pope’s infallibility, Napoleon, in Paris, declared war with Prussia. This war was the occasion of freeing Italy. Regards the defeat of France as a Providential workinj; ont of spiritoal blessings by this “turning am nwnrtnminir rtf ?hh n&linnt '* TT^ie rmtifipfl ♦ Four hundred dollars was raised to-night. Nqit-d-tit-snoc. Alabama nexvs Items. Incendiaries and burglaries have been at work in Mobile. General Joseph Wheeler is practicing law in North Alabama. Miss Maggie Edmonds died in Mariana a few days ago; also a young daughter of Dr. Fox. The Huntsville Fair Association have pur chased fifty acres of ground for their own use, at a cost of *5,000. Mr. T. S. Counneila lias returned to Marion from AYoshiugton end Lee College, where he lms been preparing himself for the law. The storeof Moore ft Fitzgerald,' i Marion, was in danger of being destroyed Saturday night last by tbe foiling ot a chandelier. The young men of Marion have taken tbc matter in band and enrolled their names rs members of a book and ladder company. In Marion Memorial Day was appropri ately observed. Hon. Porter King was t! tv, which resulted as follows: D. E. Butler, C. M. Irwin, T. J. Burney, Henry Bunn, J. L. AVarren, E. W. AVarren, B. F. TUarpe, J. H. Devotie, T- E. Skinner, J. G. Ityais, J. T. Wingfield, J. H. James, T. G. Lawson, AY. J Lawton, P. B. Robinson, W. L. Kilpatrick, Daniel AValker, W. J. Northern,.!. T. Clarke and Virgil Powers. Fixed time of meeting and adjournment as follows: Meet 9 a. x. and 3 r. H. Ad journ 12.39 and 5:30 P. H. 'Invitation from brother Williams, of toe are milked. Unless they are at perfect case, they will not give toelrmilk freely. For tbis reason when allied upon to milk everything tb&t distracts her attention and ruffles her placidity should be avoided. The manufacture of maple sugar is an im portant industry in ATermont In Wilming ton, in fifteen districts, the aggregate amount made was 274,576 pounds, or a little more than 137i tons. The experiment of feeding a Suffolk pig on Georgia Academy for toe Blind, located here, Convention assembled this evening at 8 was tendered this Convention. The invita- coni and oats, thc pig o’clock to listen to an address from Re?. W, tion was accepted aid this body will pay a aV-When fed on boiled sugar bcct«, it N. Cote, the missionary of the S. B. C. in visit to this institution at 5 P. it. this alter- g a tneozit». a Q ay Rome,Italy. He comes to toe United States noon. “^Mdndge,MSt Charles _Ilun-ds, took to solicit funds with which to build a meet- The report of the Committee on Raising ft 0 ? iL.^Lp S iug house in toe city of Rome for toe Baptist Fund for the Relief of Indigent Ministers a* 00 * 8 of hees in 1871, and had an m< rxase of Cbnrch there. Dr. C. has been stationed at purposes of this gathering will consume about *5009, snd the edifice cost *90,000. It is 250 feet long by 125 feet wide, with a stage capable of cccommo-' dating 1,500 persons, and galleries for the ladies, strong and reliable, which will ac commodate 2,000 ot that fair sex, for whom a whole gallery sido and the great end gal lery are reserved. About tlncc-fourths oi the area of the floor will be covered with chairs,and a portion ot toe rest with benches. Tlio long walks behind the galleries, around the sides of toe audience, np toe aisles and toe vestibules, will be strewn with tanb&rk to deaden toe noise of promenading. The stage has been thrown forward one-fourth of the way into the bodv of the hall, and a high surrounding-boar! constructed behind it to propel the voices of the speakers towards too audience. The stage itself bas side stairways, and one main stair coming straight up to tbe presiding officer from the long main aisle. It is convex in front,so os to present st every porntan arc vertical to tbe l.ne of vision of each one in the audience, and tbe reporters’ tables are aet like short radii or spokes at the foot of tiffs stage and a little below it. There are now seats for one hundred reporters, and if more be required a part of the staae will be given up to them. Tbc Cincinnati newspaper men will have the distribution and dispensa tion of these seats, and the smgo bas been built much after too suggestion of Murat Halstead, Esq. Around the gallery front the shields of all tbe Stales, in blue, red and white, are placed in order. Bands of music will be provided by the Cincinnati committee, and bandKiro also expected from SL Louis, New York and oilier places. If toe Gonventio- should oveifliiw too main hall there are two side halls of enormous srea, but unprovided with scats, one of which will hold 8.000 people and tbc oikcr 15,009. These are suitable for mass meetings, promenades, etc. Tbc convention edifice stands about three- quarters of a mile or more from the line of public promenade on Fourth street, and a mile from tbe chief hotels,-but very near the German part of Cincinnati, where there is an abundance of commodious, quaint and cosy hotels, and some of the best wine and steak houses in the Queen City. Behind it is toe canal to Lake Eric; before it toe fresh, green square called AVnskington Park. It is a frame structure-, with two great towers on each side of the bowed root, AVithin, it looks like a sort of white-washed depot, we.l lighted, with fair accoustie properties, lofty and well ventilated Its strength bas been tested bv the weight of machinery and masses of peo ple in motion during too fairs and saenger- fests held here.—iye:.a’ to Courier Journal, Memorial Day in Selma, on the 26tb was a grand affair. Business bouses nil closed, Chamber of Commerce, Fire Department, Public Schools and citizens in line; fully four thousand persons out The oruo r of tbe day was Sumter Lee, Esq. ' Tbe Farm and the Garden Franklin Dean, of West Cornwell, A’er- mont, lately sold twenty ewes for *:.0. Trade in toads i9 carried on between France and England. A good sized toad will sell for 25 cents in the London Market In Russia it is said that toe soil L showing signs of exhaustion from tog successive growth of grain crops. A farmer who has been mixed up in poli- OHIO. Cincinnati, May 5.—Judge Wm. B. Cal/- well. President of toe Cincinnati Reunion and Reform Association, called tbe convcn tioa lo order and nominated Judge J. B. t’hiilo, of Cincinnati, temporary President, Judge S’.alio, on appearing on the stage, was received with considerable applause. His speech indicated full harmony with toe na tional convention. The Sew York delegation bad sn exciting incctinir at which 1*5 delegates were present foe following resolution was passed: Resolved, That toe New York delegation cast its v .to for Horace Greeley until ten delegates request tbe delegation to retire for consultation, after which toe vote shall be cast for Greeley subject to toe direction of the delegation. The small arm chair, rent for the Presi dent of the convention, and which was oc cupied by John Adams when be signed toe Declaration of Independence, is quite plain, black Wlur jrIH decorations, and upholstered in snuff colored reps. Tlie playing by a brass hand from tit Louis, stationed near tbe door, w».s a signal for the general entrance of toe delegates. Among them were several colored men from Southern States. Tbe floor of toe hall was nearly filled by toe delegates. There was but a meagre attendance of spectators, of whom there me not four hundred in the galleries, which should accommodate twenty- five hundred. Groups are gathered in various parts of the bouse in animated conversation, evident ly discusing toe still unsettled points of dif ference. It is authoritatively slated that Fenton left town this morning. HU friends are mysteri ously reserved to reasons for his departure. Col. Grosvcnor, of tit. Louis, called toe convention to order in a brief speech. He claimed great importance for tiffs conven tion as the largest in number of delegates aud the truest representatives of public -cnlkucnt ever assembled, and tint those sentiments which always docs and always shall rule toe country. The wisdom of this convention the will of toe people at I he next fall election will make more successful; need not make the usual ap peal for harmony to men who abandon con nection with ii successful party to take tocir politkal future upon toU movement for re form. Judge Stanley Matthews, of Ohio, was nominated for temporary chairman, which was carried unanimously. Matthews said: it is no idle affectation when I say it is imposcible to express the •leap sensibility with which I jeceive and accept the unexpected honor -thus con ferred upon me. I am unprepared to preface the assumption of toeduttes of toe Chair with such remarks os arc appropriate to this occasion. No one could get the peo ple to say what the re-ult of tbis convention will be; but the main thing, that wbicb set above all else, was that toe time has come when it is tbe voice of a large and in fluential portion of toe people that they no long-r be dogs to wear the collar of party. (Cheers.] We have heretofore been members of tbe Republican party. Be not ashamed to have won that name; toe past ot the party was commendable in its work of bus taming toe Union, against secession; its (work bail become part of toe fundamental law, and with it tbe principle of equality of all be fore the law bad been established. He con sidered this convention their rcoellion against toe-Republican party, toe highest eulogy of principles of that party, for it shows tost the party has high courage to set about the EOBA.-BELLB. HI"** street lines were written some years nco by I. C. Harris, tbs popular and witty para/raphlet ot tbn S&rncnih Xsn-bs Coxa.:] Or all the lithe talriei Trirat ever love caressed, f I know oar little darling J* “e brightest and tbe beat. Oh! the DMtett and the sweetest t No tonne can ercr tell Bow mnch or love we lavish On little Kota Bede. She cannot reach the rorea That ktow about her wax. Bnt in her face are flowers More beautiful than they; And iheNalhtt fsllicg round her. Glows with a nugic tpelL ^-ii-wiMB-sSSSS* - And the ill.es in the And ther * ' Are not so wa with a touch. And atlll Bla word* are rinclug: “My KlDsdom is of each! ’ Flashed with HU holy mcaniar. They »t*nd outside of ala. And with Hie hand to cuido them. They may not enter in. O rare anwhlno and shadow: That chare each other so— Th-tt fall, aud flit, and flicacr. And reetlen come and so! O wind# from o’er tbe ocean! O brrerts from the dril! Bri.*«.«gb; bat kMlth and pica taro To little 2Scra>Bcllc! [ifoaroa Adtertber. DECKIXG SOUTHSliy SOLDIERS* GRAVES. Beautiful feet, with i r tread. 02crinj» SrinVtoMsc callint d Footiteps light, pre*a the sacred sod I Of hero, a Untimely a>crndtd to God. Bring spring flower*, iu fragrant perfume. And offer sweet prayers for a merciful doom. Beautiful bands 1 ye deck the graved, |AboTs the dust or tho>ouihvrn braves, Here was exlingatvhrd thilrmsnly fire, W ho f coined to flinth fr m tho fo u>sn*s Ire. Bring spring flowe s, ilie lntirci sod tbe ro* e. And du.k ye the graves where your friends ref Beautiful eyes j the U-ers y- shed Are bristher then diem-mas to ibofc who hied: ~ * ' jtbey fell to sere. * ye honor tbe brave. Bring cprins flowers, with tears snd praise, And chant o'er their tombs, your grateful lay*. i* ups, ye uemoico now, ■ waken, tbn -knilng oae’n vow ; e lips and fedrd ill-' Tonne, w. now knelt, mra lo Oodard yonr china J. taggxtng flower.*, all dewy with morn. Id think bow they lured ye. whoeegnTes yn adorn. BennUfnl heart's of matron and maid, Feltbrel wnoyc, when Apoctlet betrayed; Here are yonr loved and (herlrbed (Met laid Pace to their uhee, the flower, ye Are monuments worthy the fallhtnl ...., sig.BSKgsjssgasg 1 ' Austell’s Building.—Gen. Austell t»— jut completed one of tbe most mignileent bulrea bouses that Atlanta wm ever bar* It Is located at tbe comer of Decolor and Pryor streets on the alts of tbsold Treat Bcase, diagonally oppoolta tram tbe -■ ' ~ Honse, and forms a fit companion to tbe fins atrnctnrcs on the three opposite eo-ners occupied by tbe Kimball Bouse, Moore A Marsh’s wholesa'e hoass and tha splsadid Issuance Benge, now construe, ting. Austell's building has arty feet frost and one han dled and fifty fat depth. It Is (oar stories high usd has a basement. It Is ornately tabbed outside, ft has enormous plate g'aas windows on the front, ft bos picturesque window Corsica. It ia fitted np lit. aide with every modern convenience on each floor— gas, water, wtter-doteU,'grata. Everything baa been done In sn pet lor style. IU conveniences of light snd air are superior, ft has stali-caics both In front and Tbe ground story Is one large magnificent room for wholesale honse, connected with the basement be low, and a largo specialty room above on the right hilt ot the eceond ttoiy. It has a superb office In tbe rear on a raised plitrorm, huge, commodious and palatini In Us ornamentation. An elevator In the center affords convenience tor carrying goods from the basement to the upper story. This business place of the eompietest we ban ever eeesL Half of tbe second floor end the third and fourth flnoa are divided Into superb rooms for offices snd chambers. A brood hill runs the entire length of each story. On each side tha rooms open ln-o each other, eo that once can hare unit or as many rooms os needed. There are thirty-two of these rooms. On the fourth door Is a large hall for general use. This plea of property 1( worth 373,030, ned la n rare addition to Atlanta's bnslne-a bouses. Messrs. Fay&Oorpatara the etchlteeta, and well they havu done their work. The plumbing wee dene by Hna- nlcntt A Beningrath Iu their os^l fine style. The painting it online ai wa have ever eeca-by Jo seph Gordon, comparatively anew mm In Atlanta, hut who bide fair to outstrip his competitors. The terra cotta work was done by FcUlgrlnni ft Goorgl la Altogether AnsUjri Building is a credit lo Its'own er and an ornament to Atlaata, and what Is bat of all everything about It save one or two things Is of Southern product Ion. Da. O. 8. Prurun-r.—Dr. Prophitt has again resumed the practice of medicine In Atlanta. Kilt office le on Broad etrect, np rtalra in Davla' Hall. Be will treat ell chronic diseases. He will keep on hand a supply of hi* Family Medicines and bin Spanish or Medicated Sc-ap. Tint Olive Loo an Lkctube*.—The lec tures of Olive Logon turn proved a success and added very handsomely to the uvn-aiy or the T. M. L. A. The net profits srea about $U0l It Is lo be hoped that the Y. M. L. A. will continue to secure hetorea or distinction for the Intellectual ent-Ttalnment and culture of oar people, snd wc oosbt notour pepplo will sustain ihcm aa they did In tbe last. At a r.u.L- lngof the Board of Dire tore of the T. M. L A, a few da js since, a resomllon of thunks was pasted!. Olivo Logan for bee ilbeaiity to the Ateoelallosr, to Vice President B. Y Uarke nud Director ft ft Crew their energetic management. Married.—On tbe evening of April 30th, at the residence of the brtdc’e father, by the Her. Dr. W. P. Hal risen. It A. Uemphhl and Mia Mamie Fine. The ntteudente were J. M. Gore, Atlanta; Mia Wlnshlp, Atlanta; Key. J. D. Hammond, At lanta ; Miss M. Hemphill, Athens iCuLEI. Clarke, Atlanta; MlssSaUteUn'chlngn,Macon; ItaW.Cosk, Atlanta; Miss Annie Gibson, Clinton; IL a Dong- ass, Miss Lade Hoyden, Gem Wlnshlp, Miss Lain Cox, Atlanta. More Improvements nr Buildino.—’We understand that Hon. Jo* B. Brown has dosed a con tract with Messrs. Long>ey A Robinson, baUdeva, lo build np the corner of Wall and Pryor streets fur tha of 396.330. This completes the bl -ck to be known os the “Bepublie Block,” fronting tbn Kim ball Honse, and will be ocopied by Messrs M C. ft '. Riser, wholesale dry goods merchants. Messrs Parkins A Allen nn tha architects from whom wa learn there will bs many other buildings soon com* vork of reforming Itself! (Applause.) Par ties qaunot live on their put reputation; it was because those who control toe Republican machinerjt ' and too principles have divided toem from their true purpose, that this movement was initiated. The war bas ended and peace bas come—so ought end military role—[Cheers]—everything that keeps alive and tans the embers ot toe dead '^The convention adjourned till 10 o’clock lo-morTow morning, after resolving that each titate delegation shall elect delegates equal in number to double toe votes of each titate in toe Electoral College. NEW YORK. New York, May 1.—The Methodist Gen eral Conference opened at 10 A. u. in the Ac- cademy of Mnsic. Brooklyn. Eishope Mor ris, Simpson, Ames and Jones were present The house was crowded with delegates and the general public. Rev. Dr. Morris was re elected Secretary. A proposition to change the second restric tive rule and admit lav delegates ss part of the General Conference, was then taken up, and after cotitlerable disenssion it was carried by a vote of 279 to 6, Dr. Cnrrcy, editor of ffio New York Christian Advocate, votingno. was read by the Chairman, W! L. Mansfield. “.““IS, 9 !,,™!. Rome for a short time, and has met with sig- A most eloquent and pathetic appeal was oq nknmn nal success in that ancient seat of iniquity, made in support of the report by lion. J. L. ^t vear&om 250acres of beets m S.iukcoun- Hail toe Warren, of Chatham. As be alluded to the *T. Wisconsin, beautiful works of our aged ministers, cow disabled by age, many tears were seen to flow and many a heart to sweUwito emotion. He ^ fryeyerent Terre Haute rep. rter call, an inflimiry for saperaraated cbmeh “Gospel dress parade.” ministers, their widows and j „ . , orphans be established in connection with toe Come into the Yarden, Hand, is the way Georgia Baptist Orphans’ Home, of Atlanta. which musical mamas urge their daughters Report recommitted to toe committee to to tiy on their new calico dresses, have some changes made to suit this body. A resolution was offered by Hon. J. E. Brown, and adopted, calling for a committee of five from tots body to confer with Dr. Boyce and secure, if possible, toe location of toe Southern Baptist Theological Seminary within toe limits of the State of Georgia, or _ as near to its borders as possible. overturning of toe nations. 1 ’ He|is gratified to On a call for correspondents to tiffs body, know that toe American people have prayed Dr. Cote was unanimously recognized as a for him. God has answered your prayers, correspondent from Rome, Italy, and toe and not only Rome, but all Italy is open to President extended to him toe hearty wri the missionary. come of this body, toe hospitality of toe Onr Mission has established, snd in good city of Macon, of Georgia, and of all this condition, several churches, Baptist, or Apos- Southern country. tolical Churches, in various parts of Victor Adjourned to 3, p. m. Prayer by Dr. Cote. Emanuel’s Kingdom. The people are eager afternoon session. to have toe Gospel pleached to them, and are Met at* P.M. glad to attend worship day after day. He Bong— proposes to restore toe true Apostolical “Jaa». Leveret arml’ Church, as set up and orgamzsd in Aea U. Prayer by A. J. Battle, D. D. Scandal About Ladlei, The local of a paper in Boone county rays, “Come where my love lies drer,mine—and see bow she looks without any paint on her face,” Loving wife at Long Branch: “The hor rid surf makes me keep my mouth shut’ Sarcastic husband: “Take some of it home with yon.' The reason assigned for so many ladies learning to play the violin of late years is, that the idea of having four strings to their bow is irresistible. Three things, toe New York Standard says, a woman connot do—sharpen a pencil, tie up a bundle, and carry an umbrella. She has proven her ability for all else. The latest fashion in giving wedding presents is to have toe monogram of toe Do! r Varfitm Memphis bocks swash their aiiamentaiy canals with Doll) Varden cocktails Some of the Georgia editors are now got ten up in Dolly Varden patterns—mixed black and white! Going into dry gavds stores and “looking at Dolly Yardens" is the chief amusements of young ladies now. The Dolly Varden came up fromtoeranks, was first introduced in flowing • otton chintz for muruing wear, and has only been pro moted to silks and brocades. Anticipating warm weather, the sagacious editor of a journal in a neighboring town, h contracted for a pair of flowing Doily Vi den pantaloons for toe Press Cenvcntion. The gauntiest little gypsy of leghorn, trimmed with tnrqnish blue ribbon and white cbeuguerites, named Dolly Varden, and worn by some of the yonng ladies to church on Sunday last, is tbe most becoming head gear worn for some time. The Dolly Varden is simply a bunched overdress, cut in antique style, and made any flowered material which most resembles old fashioned chintz bed room furniture. Ah t writ—’ Sweater than the levaUcat roaa,orlffllet •f tt* garden. giver engraved on it instead of that of the' a tt*t a 4riiaSgarealj dress, tot levdy Belly parson to whom it ii presented. Tardra.” Governor Smith’s Visit to Rabtow.— Editor. ContHCutlon: Governor Smith came to Car- tenvllle os hut Friday on a rial 1 to Has. Lewis Tam- On Saturday ha spent a few) hoar* to town, and made a favorable Impreaskm spoa the people gener ally. With bis econetnmed liberality. Hon. Lewis Tomlin Invited a number of friends to dloowlthhlm on Saturday, la honor to tbe Chief Maglitru'e ot Georgia. In the afternoon. Governor Smith, Colonel Tomlin, and a number of geclleiren went npontbo Cherokee Railroad to Rockmart. All were highly pleased with the country, snd retttrned the tame eve ning highly delighted with the trip. Governor Smithretnrnedto AtlantaonMcntay. It done one's heart good to sea the boneandelnewoMta country graeplng the ExecnUre of their choice by tl • hand, and expressing their gratitude that an honest and true Democrat guided the thlp ot State. Tho people sn nor earn red In expreeslng their approbation of Governor Smith, and should he be the nominee at the next'election old Bartow will give him euchn majority aa win effectually dose up sad cement tho tomb of Radicalism. Colonel Tomlin, the most in fluential Democrat—sterling and truo-4n North Geor gia is unreservedly In favor of Governor Smith's Great Inducement* —There are great in ducements offered for visiting Atlanta at tho time of the decoration of the graves of the Confederate dead. In order to odd Increased Intorcet to Uwoecsaiou, ar ts have been effected with the railroads foe belt rata transportation, via: Atlanta and West Point Railroad, for fire days, beginning with Ihe tth, and embracing the l*th ol May. The same arrangements hare been mode with Ihe Mscon and Western Rail road, Western and Atlantic Haltro-_d, Georgia Roll- nod and Air-Line Railroad, for tho 10th and 11th only. The IL L Kimball Hoaae, National Hotel Sas- eeen House, a-—le— Hold, Mrs. Cannon's and Mrs. Overby's boarding houses hare coasewtad to re- celre guests at reduced rates. A cordial lovttatloa Le extended to schools and Individuals to bring and send flowers for the number of grave* Is so greet that tho Ladies' Memorial Association heretofore hare had Coose to regret that th- !r ability waa Inadequala to the demand. CucTcepoadencr is requested with tha Presi dent and Corresponding Secretary of th* Assodotioa os to such os will jo-n them in tha sod commemora tion of the braves who may be numbered among th* martyrs to liberty. Death's? Rev. W. IL Clarke.—A note from our esteemed friend. Dr. J. C. Arary, at Deca tur, conveys to o* the rod Intelligence of the death, to Decatur yesterday at • o’clock, A.W. ofRsv.W.H. Clarke. Ear. Mr. Clarke «aa a leading minister of the Methodist Church—knos-n and approved for xcsl, piety and earnest, active chrlotlmity. Ho was a faithful sentinel oa the watchtower of Zion. In his death DeKtlb county has loot a good dtlxcn, tho church a shining light tad society oa* of its most useful members. He hat rested from hi* labors and gone ap higher. He was a bright Mason. Rev. Mr. Clarke will be buried at rterca o’clock tomorrow, st Decatur. Member* of the Fraternity lathis dty or* tallied to attend hit f uni ts!. Dead.—On the night of the 30th of Apri', rr. WUHs Wim- gtara. of Lexington, Oglethorpe c ,naty, was found dead la his alflce, HI- death was sudden and unexpected, aa hn was ont on the street diring the day In apparent good hca’ih. Dr. Willingham was a good ci'Jren, and hsahees* yromlueut man la Oglethorpe for a number of 7*000, I INDISTINCT PRIN)