The Weekly constitution. (Atlanta, Ga.) 1868-1878, October 01, 1872, Image 1

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Term* of *nk*ctlpllom: WKKI.Y cosarrmmojfper mum ft UHlMcdpImtttiApUr itiitfjr in odesnee *•.4, UIU uptstSM of tketime for which peymcnl * nado, raloao pcevtooMy renewed, tho naacof lit ■■kacriber win bo stricka from o«r t cr* Cl«b> of Tm (U H. md * COPT of tbo pojm fMtfnetotiNfitcMp. ATLANTA, TUESDAY. OCTOBER 1. In Montana Territory, last year, the vote stood Democr.tic to •'5,274 Raritr-al— Radical »nnj-»rity 41 >. This year the vote stood d,M5 Dtn»<«rnlkr and 4,1 «5 Radical—D« mocraUc majority 8id. This shown a Democratic jpiln of 732. Tlic Chatham K«mlnatl«B. Chatham hat made a good Democratic Domination for the Legislature. We do not know Mr. Mills and Capt. McArthur except by reputation. But Geo. A. Mercer, Esq. p:rsonal!y, mint intimately known to the writer, and is one of the most promising and solid yrnimr men in Uie State. The writer nnd Mercer studied law together and were ndrn't'.ed to tho har at the same time. He a ndnd of hirii order and a spirit o' I'cr rie«« chivalry and rectitude. * He h'oi ute-ifs rmd character for any posi We tpjst to see him clcctol. He will grace the General A-nemHly and ilo honor to the intelligent constituency of Chatham. ■low .Uorioa Pauls. In bold antagonism with Greeley’* utter •nee; of kindness and fraternization, we find that Morton.Gmnt's chief mouth piece, is thus arguing. "Ife declare*! the Kn-KInx policy entirely essential the South unworthy of trait, and the cart>eHi4ggcni the real regenerators and pacificators. Ch«s(se ye. Democrats, between the two. Decide between a policy of reconciliation Botitliern equality and constitutionalism rep resented by Gre* ley, and a policy of fierce Ku-Klnx proscription. Southern degradation, corrupt carpct-bag rule nnd despotic centra lism represented by Grant. For us Greeley, always. Col* T* J. Mormons* We trust that our Democratic friends in tho Macon Senatorial District will make i anal eflorts to re turn their nomiuec, CoL. T. J. Simmons, to the Senate. He made a number one member of the General Assembly. II<* impressed himself on the legbhi'on of the last Assembly to an ex tent u‘»t surpassed by any member of that body. Apart from his merit, however, there is a special reason for his election. It Is under stood that the Clews crowd have sent money out to defeat him. As Chairman of the Bond Committee he is specially odious to the bond ring that so heavily swindled Gcor- Let our people stand up to the man who cx|*>ac«l tho robliers. It would be a great triumph for them to defeat Simmons. We apjH-al to our friends in Pike and Monroe to aprur; no «?r*rl lo thwart the machinations of the lum.l ring and to return Colonel Simmons tiiiimpii iitliy to the Senate. ICadicMl fflinrule In «>corgla-En* couraged Crime. fn nothing was Radical misrule in Georgia more fatally do idly to public prosperity than in the encouragement it gave to crime. Thu corruption of the judiciary and the •huso of the pardon ]H>wcr struck fatally at thog Mid order of the commonwealth. Life nor pro|»ny were safe because there was no ccit.tinfy of punishment. Bullock pardoned between 400 and 500 convicted criminals during his term. They included dope rale burglars and murderers. At oiie time he (inrdoncd nineteen night bur glar* fn a body, «»ut of the prnlhmtiary, nud turned them l»r*ac on a community they had VO'-iUil. Control Hum w*tl» the course of Governor SmilU. The change has been magical. Not only this Inti Bullock squandered tlioiLs:inih of dollars upon Ids favorites in extravagant rewards for criminals, who, when captured, lie pardoned to prey on the |m«>j»1o again. Mark the change. Little crime. Little iu->ncy s|N-nt to catch offenders. Rigid ad- mi niilrat ion of justice. Law and order everywhere. Lei us keep Smith in office. A .Wave In Atlanta's Intorcet. The Catoosa Courier calls attention to the fact that according to the statement of Dad- Uow, A practical Geologist and mining engin eer, there are 170 square miles of coal area in Northwest Georgia that a road 23 miles long from Ringgold to tho Eastern base of Look out Mountain will reach. It shows also that rich iron ore abounds •long the Missionary and Shin-bone Ridge. Tho valleys of this section are fertile and healthy. Thu Courier thus puts tho question to ns: Wc arc constrained to believe that were these facta placed fairly and fully before the itcople of Atlanta, they would not long de lay taking such an amount of stock in the Atlanta and Lookout Mountain Railroad as would ensure its speedy construction. To that much desired end, we most earnestly so licit the hearty, active co-operation of the Atlanta press. When the mineral wealth of the territory alluded to shall have been fully o|>cued up, bringing iu as a necessity conse- ouor.ee increased capital, nnd population for the e rent ton oj c\uues out of tint which now lies entirely tinurutldle, Atlanta, the metropolis of the estate, will become the chief recipient of bcncfiis therefrom resulting. To secure such, • sul»»cripiiou of one hundred thousand dollars stock in this short line of road, either In her municipal capaeiiy or on the part of her citizens b al that is necessary. If action of the kind be much longer de layed, Chattanooga will, by aiding in the construction of a nnd to the Coosa river, xvap the lidi harvest uf mineral and agri cultural wealth which ought to be secured by Georgians to their own Mato. Will not the State Road Lessees and Atlanta with its pub lic spirit come to the rescue ? VOLUME V.i ATLANTA, GEORGIA, TUESDAY. OCTOBER 1, 1872. INUMBER 26 Bollock Heard From DECIS1IONS New Tore, September 29.—A letter from London of September 17 Bays: “ Wc are fa vored here with the prcacncj of ex-Governor Bollock, of Georgia, w! notorious for pocketiof' seven millions of record * The defendant fa the brother-in-law of Miss Turner, a young lady about 18 years old, who lived with her parents in the city of Atlanta. She had received a communication thnm-b the Post office written over a ficti SUPREME COURT OF GEORGIA Delivered in AGanti, Tuexlty, Sej< 21,1872, Tbo Two i nut ratted* bonds of Georgia. Last week two Washing ton officials called on the ex-Governor. Two or three of our eminent lawyers and a mag istrate were soon engaged. These worthies are called a commission, and are holding •ions now. Privacy as secret as ‘be Geneva tribunal has so for been maintained. The agencies of the Grant party seem to have made a whiV-wadifn" of Bailor.!: and Blodg ett nectary. The O'wroor lives in one of i he finest suliurban resvb nces about this city fits house is furnished magnificently, bis turnout is unsurpassed, and he says he has concluded to make London his home for the future.—St. l/suin P-puUirjn. Oar Bonds* There is no crushing the trn*b. It will come out after a while. Prrjodicc and hos tility may blind its reception, but, sooner or later, it will be recognized. Tula is singularly and conspicuously being verified in the matter of (he Bullock fraudu lent bonds. Clews audios wing, though they had muzzled the Northern press agains recognition of tbe true status of those bonds. But facts are gradually leavening the impar tial mind. The report of the bond commit tee is getting circulation and perusal. Occa sionally a de ermined, truth-loving journal iat refuses to be fooled and gives to the black tale a fair reading and mtkes a candid report And wherever wc find a fair man, bo speaks more decidedly because he resents the attempt to dclnde him. The New York Tribune has been handling Clews with gloves off. The New York Financier, an able com mercial paper, has been giving the matter an investigation, and is evidently astounded. It has two long articles. * It, in the first, dis- the testimony gleaned by the Bond Committee. It ai rives at the conclusion that Georgia has been badly swindled, and it brands Bullock and his allies os criminals, and shows the true status of Clews. After the publication of this article it seems that Clews made an assault on the Financier lor the alleged falsity of its state ments. The Financier replies to Mr. Clews in a re sponse of great ability, in which it takes direct issue with him. It thus puts the matter about Clews, quoting the testimony to sub stantiate its position. As to Mr. Clew's knowledge of the frauds, there are only three conclusions possible: That the witnesses who say they warned him testify falsely; or that he himself testifies falsely in saying that he ncvTr once doubted the correctness and legality of everything; or that the constitution of his mind is such that, after he was repeatedly warned that il legal issues were mode, ho could still retain perfect confidence, undiiumcd by any doubt, that everything was correct and legal. Mr. Clews is either a partner iu at least the knowledge of frund, or else, by his own testi mony, is guilty of carelessness, which, under the circumstances, is censurable in another sense. Wc sec no other alternative possible than those we have made, even on the sup position (hat the report is that of a partisan committee who arc seeking a pretext for dis owning valid obligations. It will be seen that the financier cleverly and unanswerably scalps the virtuous Clews. But the especial point to which wc coll at tention is the concision to which this intel ligent fair-minded writer comes, which at last must be the conclusion of all right-think ing, conscientious men and communities, viz: that Georgia has a right to ignore these fraudulent bonds, am! that it is not ‘’repudia tion” to do so. What .Georgia will finally decide to do about the mailer, is yet to be seen. The Umds which the committee recommend dis- >wing, amount to $<5,577,000, of which $2,102,000 are the direct obligations of the ate. If all these bore 7 per cent, the in terest would be $100,300, a part of which inay be hereafter lifted from the State by the railroads. Tho frauds are ended, in ail pro- bablity, and the infamous burden cannot be made larger except by its growth as unpaid. It is certain that the world will uot enter into the consideration of details; that the bond-holders will consider llictn9clves defrauded if the l>umls are not paid; that nothing is flb utterly and permanently dam aging to a Commonwealth as an impairment of its credit, such a calamity being irrepara ble; and that, rightly or wrongly, to carry oat the recommendations of the committee will be regarded by the great majority as repudiation. The wisdom of this course is, therefore, far from clear. There is no dis honor in inability to pay; there is all dis honor in refusal to pay; there is enduring harm in even the unjust imputation of refu sal to pav. Hence it is a serious question whether it will not prove in the end wiser and cheaper, under the circumstances, for the State to assume the burden of all the bonds, fraudulent as well as other, than to risk the probable odium consequent upon at tempting to discriminate—or, at least, to ac cept all liability upon bonds which arc in the hands of bona fide invest irs, bought in good faith as investments, even if carelessly. Our own opinion, ever in the most earnest friend ship for tbe State and for all the South, and in full belief in a prosperous future awaiting them, inclines to the affirmative of this ques tion. But our conviction is, that if Georgia determines, nevertheless, to sift the matter thoroughly and assume no more liability than legally and justly belongs to her, she is en titled to object to the use of the word "repu diation,** and has a right to choose that course; as to her account with Mr. Clews’ firm, as Mr. Clews is pretty well known to tbe State by his financial dealings and his published "letters” and “replies, Georgia may properly be left to settle up without counsel from the outsiders. ucs nr jjtcKaox, •crcus t o cut iuuubtu Z. T. Wright vs. W. R. Phillips. Claim, from DeKalb. WARNER, C. J. This case came before the Court below in the form of a claim case. The plaintiff had proceeded to foreclose a lien on a steam saw mill under the provisions of the Act of 1858, for aervisces performed as a laborer in and about said steam saw milL An execution was issued, and levied on the same as the proper ty of Walls, the alleged owner or lessee of said mill, which was claimed by Phillips. On the trial, the plaintiff offered in evidence communicnt s to her mother and brothers. Her mother threw it in the fire. Shortly afterwards a proposition was made to her through a negro .. w man and his wife, to meet a gentleman on the to a suit to recover back the usury paid. 7 a street at a certain time and place, who de- '** This Court will reluctantly interfere with sired to make her acquaintance; this she the discretion of the Judge below indi- communicated to her mother and family, rection of the, business of the Court and The name of the gentleman was not disclosed, never unless manifest injustice have come to and her brothers desired her to go to the place the party complaining, designated, and they would go with her Judgment affirmed. > and find out who it was that was sending . It Arnold, E. N. Broyles, for plaintiff In each insulting messages to their sister, error. ^ She went, her brothers and the defendant A. W. Hammond & Son, HUlycr & Bro., her brother-in-law, following a short dis- for defendant. the affidavit, execution, and levy on the mill tance behind. When dark, the prosecutor as set forth in the record. The plaintiff ai- made Ms appearance, pilotted by tbe negro Fleishman & Co. vs. Georgo W. Collit legal in hU affidavit that he was employed man and his wife, through whom the com- - Case, from Fulton, by one Wqils, the owner or leasee of asteam mnnieations had been made. She says he MONTGOMERY J saw mill, situated in said county, (DeKalb.) took hold of her hand and put it through his « T „ . „„„ • is a laborer in and about said steam saw mill, arm, and palled her along. The prosecutor for which services this deponent is due the ssyjslie Wok his arm and and be asked ber ^ J snm of $71 60 with interest from tbe 1st of January, 1870; that deponent has demanded asked her how lone she was gomg to stay ont payment of the said Wall, and that he has that night, and w<5iid she go to bis room, or 2£nSL ^ failed and refaed to pay the same; that this toannt Sallic's, the negro’s house; andalso “3S. b ]S££ prosecution is within one year fn>m the time said " let us walk fast.” About that time the 8h ° W 1110 tbe debt became due as will more fully ap- defendant and her brother came up, and her it pear by reference to the bill of particu- brother said. " turn mv sister loose ” and re- « z;_ a J!W^partnership in winch fare hereto annexed; that deponent claims lien upon said steam siw mill for mooed firing upon him, wounding the pros- in mr™ t^^UitenMof^ch afimfSJ^ the amonnt so due him as aforesaid, eentor in two places. The evidence is not nn r # .7 —T-^iT 7’iTrt.~ The bill of particulars annexed and referred clear that! the defendant fired at all, but he miS31 . 011 P®* 011 *? screed that he is a to in thejiffidavit is as follows: was there, and was evidently acting in con- "puc Z. T. W right, for work done at ^saw cert withjthe brother, who did shoot the pros- ^qj^thafimL 1 *** *** P 1 "?™ hkeonnection mill, fifty-one dollars and fifty cents. This eentor. The prosecutor denies writing the If there is a return of nun January'1st, 1870. Robert J. Wall” note throngh the post-office, but admits lend- ^f? 1 ® ?^ 1 , cr ,^ Dl i l ? e ^l The plaintiff offered to prove that the ing the messages tbrongh the negroes, and prosecutor of the Hen against the saw mill was withen one year after he rendered the services for which the due bill aforesaid was given by Wall to him, and also that Wall was in possession of the mill at the time of the foreclosure of the lien and at the time the sheriff levied the fi. fa. issued thereon. On motion of claimant’s counsel, the Court dismissed all the proceedings which bad been taken in the case by the plaintiff, and rejected the evidence offered by him as afore said to wD'ch the plaintiff excepted. Although the affidavit within is in an awkward manner, still, in oar judgment, it is in substance a com- I fiiance with the requirements of the Act of .868. The affidavit alleges that tbe steam saw mill is situate in the county of DeKalb, which the Courts are bound to recognize as being in the State of Georgia. The affidavit also alleges that payment for the services was demanded of Wall and refused, and that this prosecution is in one year from the time the deot became dne, and it was com- !»etent for the plaintiff to prove that the due bill was given for those services or in liqui dation thereof, and that Wall was in posses sion of the mill at the lime the lien was fore closed and at the time of the levy of the fi. fas thereon. Let the judgment of the Court below be reversed. L. J Winn, for plaintiff in error. Hill & Candler, for defendant Jim Williams vs. The State. Assault with intent to murder, from Fulton. WARNER, C. J. Tbe defendant was indicted for the offense of an ossanlt with intent to murder. On the trial of the cage the jury came into Court with the following verdict: "We, the juiy, find the defendant guilty of an assault with intent to kill.” Objection being mode to tbe form of the verdict by tho Solicitor General, the Court, after making inquiry of Uio jury as to what was their intention to find by their verdict, and the response not being satisfactory, the jury were remanded to the jury room by the Court, with instructions that the form of their verdict should be either be a general vcdict of guilty, or a gen eral verdict of not guilty, or a-partial verdict of guilty of an assault and battciy. The jury, after having retired, returned into Court with a general verdict of guilty. The defendant inadca motion in arrest of judgment, on the ground that the verdict was illegal and con trary to the law under the facts in the case, which motion was overruled by tbe Court, and the defendant excepted. Wc find no error iu the refusal of the Court to grant the rnoliou iu arrest of judgment on the state ments of facts disclosed in the record. The first ver-Uet was an informal and imperfect vc'dict, and it was the duty of the Court to remand the jury to their room with tho in structions given them in regard to their legal doty as to the form of their verdict. Let the judgment of the Court below be affirmed. Farrow & Thomas, for plaintiff in error. J. T. Glenn, boiiciicr General, for the State. Charles F. Elliott vs. The Slate. Assault with intent to murder, from Fulton. WARNER, C. J. The defendant was indicted for an assault with intent to mnrder. On the trial of the case, the jury found the defendant guilty. A motion was made for a new trial on the general grounds stated in the motion as con- mined in the rule nisi: First, because the ver dict of the jury was contrary to law. Sec ond, because tbe verdict of the jmy was con trary to the evideuce. Third, because the Eatabllalients Engaged In manufac turing Cotton Goods* Wo read daily the siroug speeches mode by Greeley at different points where he is traveling. They are marked by broad ability and ready ch>qucnce. It may help to recognize the difference be tween the two men—Grant and Greeley, to read Grant'd speech at the Newark Exposi tion, which he has just visited. "ItADIKa AM) GfiKTLKMKR—I COUld not but feej grateful for the re* option I have re ceived at the bauds of the citizens of New ark, of New Jersey. To-day 1 hid the pleasure of visitiug the State Fair near Eliza beth, where 1 saw little else but people. I was at your Exposition to-night, and again 1 saw but little of what they had there to sec. 1 hope to see to-iuonow what 1 wanted to night to see.” According to a Herald reporter, when Grant was asked by a Newark admirer how lie liked New Jersey, Grant made this queer answer: "1 think she shows a sr-irit of great enter pri»e and economical dealings, but this is tbe only opportunity i have had, sir, of being able to na$ar»: iu" Gaixfsvili.K, September 24,1872. KiUort C'untitution : L^st night about 12 o'clock a fire broke oat in the jewelry store and photograph g vllerv of D. E. Evans, and consumed every rung he had in it—nothing was Javed. Also the residence of Mr. John Willson, wh^ch was near enough to catch from the fire. Mr. Willson saved all his house funi.lure. No insurance ira the resi dence, but $3,000 on the store house and jewelry of Mr. Evans. He reports loss about $2,500. Court still going on. D. C3T , r‘ t * >r girls! M. Lindemaa, who evi dently knows more about female hair than ho eug*t to, informs The British Medical Journal that every hair in a false plait ends with a nodosity ; each nodosity contains 50 jisonKpcnn?; each psorospenn* throws off minute spheres which become pseudo-navi ccli.x,and that the pseudo-navicelhe,in abal! room where there arc 50 faisc-capiUarutl ladies, amount to 45.000,000, which, when in- Urdu!, force their way into the circulation and bring on cardiac affections. Girls would no doubt’ra her go bald-headed than make lUtriasurcs I » -od quarters for a few mi lk n nodosities, psorusperms, pseeda-naviedke, and other cheerful reptiles. the Court charged the jury or refused to charge the jury as assumed in the motion for a new trial, does not affirmatively appear, and it may be that the Court overruled the motion for a new trial because the facts assumed therein in relation to the chaige of the Court, and refusal to charge the jury as requested, were not true. But it is said the certificate fif the presiding Judge furnishes pierary evidence of the truth of tbe grounds of error stated in the motion for a new trial. The certificate of the Judge certifies that the foregoing bill of exceptions is true, and contains all the evidence material to a clear understanding of the errors com plained of. What was the exception to the ruling of the Court, and what was the error complained of? The exception to the ruling of the Court and the error complained of was the overruling the motion for a new trial, and the Judge certifies that the motion for a new trial was made and overruled, and that the bill of exceptions contains all the evi dence material to a clear understanding of the errors complained of—that is all. Whether the Court charged the jury or re fused to charge tbe jury as stated in the mo tion, does not affirmatively appear in the bill of exceptions, and therefore the certificate of the Judge does not cover it. The certficate of the Judge only certifies that the motion for a new trial was overruled, and that the evidence contained in the bill of exceptions is all that is necessary to a clear un derstanding of the errors complained of in overruling the motion on the ground that the verdict was con tra* y to that evidence and to the law un der that evidence. The bill of exceptions must affirmatively disclose the error assigned. Doebler vs. Waters, 80th Ga. Reports 844. Cameron vs. Ward. 32d Ga. Reports 160. In McLain «& West vs. Densmore & Kyle (80th (1* Dannrl* tkU iitontiMl muwtuMi nr.a hovr loos she coaid stay- oat. She says lie iroperty of tbe firm of which ho is so proved o bo a member at the data of the contract, but of no other firm. Judgment affirmed. that bis object in meeting the young lady waa to have criminal Intercourse with her. Such in brief arc the substantial facts and circumstances under which the shooting took dace. If death had ensued, would the Idli ng have been mnrder or manslaughter under the law? There could uot heve been any express malice against the prosecutor, for the defendant did not know who he was; his rci,. name had been carefully concealed. Will the Thomas0 Neal vs. The State. Murder, law imply malice under the provoking cir- Clay Ion. cumstancca attending this trausa-tion. In MONTGOMERY, J. all ca«cs of voluntaiy manslaughter, there most be some actual assault upon the person killing, or an attempt by the pers n killed to commit a serious personal injury on the per son killing, or other equivalent circumstances, to justify the excitement of passion and to exclude all idea of deliberation or malice, either express or implied. Code, 4259. Were not the circumstances under whioli the shoot ing was done equivalent to those specially mentioned in this section of the Code, to jus tify the excitement of passion, and to exclude all ides of deliberation or malice, either ex- >ress or implied. The brother and brother- n-law of their sister discover for the first time the individual who hits been sending in sulting messages to her, and who was then in the very act of carrying out his purpose, as he himself admits, to invade her chas tity. If this wonld not justify the excitement of passion in the breast of a brother or brother- in-law of a young sister who bad a right to claim their protection, what would ? But it is said the expressions uttered by the defendant to the prosecutor in his room shortly after the shooting, "that he had received a dose, and when his brother came he would finish him, or finish it,” is evidence of malice. On the contrary it shows that the defendant was still under the excitement of passion aroused and produced by the conduct of the prose cutor towards his sister, and that his words gave expression to it, when he came into bis presence. In my judgment the evidence in the record does not make such a case, that if death had ensued, the defendant would have been guilty of murder under the law, and therefore should not have been found of an assault with intent to murder. jury liad found the defendant guilt, ... assault only, then there could have been no objection to the verdict. Whilst the Courts cannot and should not recognize the right of any person to take law into their own ban is for the purpose of redressing their own wrongs, still the seducer when he attempts to invade female chastity, should distinctly Un- THE CAMPAIGN IN GEORGIA 1 If contract claimed by one of the parties to be usurious anJ by the other not, u> com promised and settled between them the ques tion of dispute as to the usuryforming a distinct item of tlf so* dement Uiis is an acnord and sati'faotioc even as to the usury an/ the money paid cannot be recovered hackbut a mere compromise and settlement of ^Tdoot. withonta dislinctrcferreace to the dispute as JEE GREELEY TIDE RISING to the illegality of the contract Is noj^j bar existence of the partnership member of the partnership is competent evi appear, the judgment will bind the individ ual property of-the party served, and, the tion by electing Smith by a majority that 0n yesterday Col. H. P. Bell addressed the would dismay Radicalism in Georgia. people in his usual forcible manner and Colonel H. P. Bell, though pressed for a adopted the agressive rather than the ofies- time, made one of his' happiest efforts. He *ivc In his remarks. He brought to light D J? & W It. Hummond P L. Mvhatt re ™wcd Grant’s administration, showing many of the dark features of Grant’s ad- for nleinliffs in error ° n<1 ’ tb ^ that it had violated every provision of the miniatration, and showed up much of the L E, Blecklev John Collier for defendant. Constitution, vital to liberty. Ho showed rascality of Bullock’s administration as de- ■ E ' *’ ’ that the writ of habeas corpus—the right of velopea by the different committees, whose _ trial by Jury—^the exercise of the ballot—ex- reporti were acted upon by the last Legists- and the boshes, each and ’all throw forth emption from arrest of person, and seizure of tore. It was surprising to see the Effect it their blaze of light and contribute to the -011- papers and search, etc., taxation through rep- had upon his hearers. Should this course eral effect. A row of thirty iron arches span 1. It is not error in the Conrt to trial, at a special term for the trial of < coses, a case which was continued at thi ceeding regular term; nor is it error to _ „ .. at such special term in the absence of any showing for a continuance on the part ot the defence. .J 2. A juror who married the widow of tho trosecutor’s uncle is not, on that account, an ncompetent juror. 8. Newly discovered cvidenco, to warrant the granting of a new trial, must be such as would probably have produced a different verdict had it been introduced on the trial; and where it was communicated to defen dant’s counsel before the argument bad closed, who declined then to introduce it, and, as suming it to be true, a want of duigenoe is shown, a new trial will nut l» granted on this ground. f 4. Where the evidence docs not warrant charge os to reasonable fears the failute of the Court to charge upon that subject is not error. 5: The verdict in this case is not contrary to the charge, the evideuce, nor the weight of evidence neither is it without evidence to support it. Judgment affirmed. E, W. Beck, M. M. Tidwell, Doynl & Nun- nally, R 8. Dorsey, for plaintiff in error. J. T. Glenn, Solicitor General, Pceploe & Howell, for the State. Habeas B. M. Broomhcad vs. J. II. ChiBOlm. Corpus, from Fulton. MONTGOMERY, J. 1. Where the Judge of the City Court t j At lanta sentences a prisoner to pay a fine or to four months on the chain-gang, aud a writ of habeai corpus is sued out before him aftot the orisoner is placed ou the chain-gang in con- 'onaity to the sentence to inquire into' the legality of the detention and the prisoner is brought before him by tho person detaining him, the Judge of tec City Court has j iris- derstand that he encounters nil tin)\>eriTinci- notwithstanding the dent to such an attempt on bis (Am If the prisoner tvas held in custody without the prosecutor in this case had confined himself “A °?? y j£? usht w,f to the pursuit of his legitimate and lawful ... a business, instead of seeking to gratify his ^m^ouJudgq before whom a_ prisoner is carnal appetite in forbidden pastures, he would not probably have been injured. I ., sT-^ -iTrr’ “'. rr TC — am, therefore, of the opinion that a new trial tJGPSOflaM® ® ne should be granted in this case on the ground t , 8 °» that the verdict of the jmy is contrary to law as disclosed by the evidence in the record. Let the judgment of tho Court below be reversed. D. F. & W. R. Hammond, Peeples & Howell, for plaintiff in error. J. T. Glenn, Solicitor General, Gurtrcll ft Stephens, for the Stater"* ♦ *"■ McCAY.’J., and MONCO’.IETIY. J , con curring. *+• We concur in the judgment of the Court reversing the judgment On the following grounds: 1. Whilst we concur in holding that the 4K _ - y ‘ , • si for a new trial docs not show that the forth in the motion for a new trial. The grounds taken are true, yet, as the defendant nnri th* ri 0 r,.„rionf m error did not, on the calling of the cause, ground the Ccnrt overruled the motion for a cJ^r^Tnot' now ^SinMo new tnal does not appear. The error as- - lu signed in the bill of exceptions is the over rating the motion for a new trial. Whether The complete statistics of the mannfsctnre of cotton goods, Jnst sent to the press from the Census Office, show the number of dis tinct establishments in the United States to be 695, of which Massachusetts has 191; Rhode Island, 189; Pennsylvania, 13s: Con necticut. Ill; New York, 81; New Hamp shire, 86; Georgia, 35; North Carolina, 33; Tennessee, 28 ; New Jersey, 97; Maine, 23; Maryland, 22; Alabama, 13; South Carolina, 13, and Virginia, 11. Number of steam en gines. 448: aggregate horse power, 47417. Number of water-wbeela, 1450; aggregate horse power, 109,409. Number of looms used, 157,310; frame spindles, 3,694,477; mule sniuiUes, 8,437,933. Hands employed, 47,790. Tbe aggregate amount of wages paid daring tbe year wss $59,014,133. Materials used, 6,223.199 pounds of cotton yarn, 139,100 pounds of cotton warp, 5434^30 pounds of cotton waste. Value of mill supplies, $10,- 910,0791 Total value of all materials, $111,- 737,686. Articles produced: 478,201,181 yards of sheetings, shirting, snd'twilled goods; 34,- 533,462 yards of lawns and fine muslins; 4-9230,053 yards of print cloths; 30,801,053 pounds of yam ; 11,500,241 dozen spools of thread; 73,018,045 yards of cotton warp; 11,118,127 pounds of batts, wlcking, and wad ding ; 493,292 tablecloths, quilts, and coun terpanes ; 9,767,060 seamless bags; 5.057,434 pounds of carriage, lines, and twines; IMi, 060 pounds of thread: 8,390,050 yards of col ton flannel; 39.275.346 yards of ginghams and chocks; 7,021,449 pounds of waste ; 4S4 - 400 pounds of tapot wadding; 405,535 pounds of seamless bags; 13340,793 yards of caati- mcrea, cuitocadca, and jeans; 10,811,038 pounds o< miscellaneous products. Aggre gate weight of goods produced, 319,314,592 pounds; aggregate value of product, $177,- 489,739. Of these statistics, R F. Noursc, of the Cotton Manufacturers’ Association, says: “This portion of the census has the highest attainable accuracy. If in other industries and other departmenta of production the same d«?eeof accuracyhaa ton obtained, ™ nt -„ { Wurrcnce in the reversal of then is this census worthy of the conndraee s i^ , of ^ Coart t*J OH - on that xmoaiLsls. and men J a 3 =_j . « consider the same. 2. In this case the defendant was entitled to have the jury charged as requested—to the effect that if the shooting was done under such circumstances as if death had ensued, it would have been manslaughter only, then the jury should find the prisoner not guilty or guilty of an assault only. We do not concur with the Chief Justice in holding that the verdict is wrong under the proof, since, in onr judgment, there is sufficient evidence of deliberation to justify the verdict. A. K. Scago vs. R S. Pomeroy. Trover,from Fulton. McCAY, J. It is error in the Court to charge the jury iu a trover case, that a demand and refusal is proof of conversion, it not appearing that the property sued for was in the possession, power, or control of the defendant, at the time of the demand and refusal, but if in such a case there be conclusive proof of a conversion in fact, a new trial ought not to be granted. When the owner of a past dne promissory note placed it in the hands of A. for collec tion, and A. sold it to B. and B. converted it to his own nse: Held, That the true owner might main tain trover for the note againal B. uud thatJB. got no title by his purchase from the agent. Judgment affirmed. Pope & Brown, for plaintiff in error. Hill and Candler, for defendant Ga. Reports 724) this identical question was considered and decided. In delivering the opinion of the Conrt, Lumpkin, J., said that the case furnished another tit occasion to re mind the bar of the necessity of taking the precaution tojobtain the acknowledgement of the preriding Judge that tbe grounds taken on the motion for a new trial are true. Not that the motion was made upon the grounds stated in the role, but that the statements in the grounds are true. The result, therefore, is that the case now before the Court, no other errors can he considered but those which relate to the overruling the motion for a new trial on the groan.is that the verdict of the jury was contrary to the evidence con- t lined in the bill of exceptions, and contrary to tbe law under that evidence. If the Court did charge the Jury and did refuse to charge the jury as requested, as assumed in the mo tion for a new tri-d. that should have been distinctly stated in the bill of exceptions, so that Uie presiding Judge could have certified whether in was true or not. The entire Court are unanimous in their judgment as to this rule of practice, hot inasmuch as there was A 3L Parker vs. Fulton Loan and Badding Association. Action to recover usury paid, from Fulton. McCAY, J. Where a suit to recover nsuiy paid was brought against a'Loanand Building Associa tion, chartered by tbe Superior Conrt in favor of one who had been a member and borrower, and who failing to comply with the rules, as to the payment of his monthly dues, had, by way of settlement, conveyed to the company certain real estate at an agreed price in full discharge of his obliga tions and it appeared in proof— That the company consisted of 2,600 shares; that one dollar per month was to be paid [upon each share until the accumula tions-should make each share worth $200; that the monthly receipts were to be nsed in advancing to the share-holders on tbeir ulti mate interest at such rates of pre mium as the money might bring at auction, and that each shareholder, taking an advance, was to pay one dollar extra upon each share advanced upon, giving areal estate mortgage, to secure the performance by him of his agreement to pay his dues as the con stitution of the company required. Held, 1. That the contract of a member taking an advance according tit the rifles, was not usurious tijion its face, whatever might tic the premium at which he agreed to Lake the advance. 2. Whether such a contract, though legal Large Meetings anil Fluo Speeches nil About. Public Speaking at Cleveland, Septem ber 21, 1872. Rice, Bell and Riley Talk. Editors Constitution: The Hon. Geo. D. Rice, Alternate Elector tor the State at large, and H. P. Bell, of Forsyth, who represented Cob Dorsey, Elector for the 9th District, ad dressed a large meeting of the citizens of While county. • Judge Rice made a telling speech for Greeley and Smith. He presented, the argu ments for their election for an hour and a quarter with great clearness, ardor and elo- done, qoencc. His arguments were Irresistible. Those who know the Judge’s style, know that he searches for troth and deals with facts; yet tbe glow which around the truth flashed from every sentence, and he was truly eloquent in portraying the honesty, patriotism of Smith, and the magnanimity and nationiflity of Greeley. He nrged the importance of setting the Presidential elec- our , P^P'V 0 X oU> for G . r !? IeJ ' * ad Drown and 8mith for Governor of Gcorgi.tr the convict has at least a reasonable time within which to pay the flue. Where the imprisonment is for four months from the twelyth of March, and the fine of fifty dollars is paid on tho second of April, the time is not unreasonable, i .. . 3. On the hearing of such acasc,thcofficiai Judge Walker the other, of these parties and receipt of the Clerk of the convicting Court, results. His speech was well received and acknowledging the payment of the fine and had a telling effect. resentation, bad all perished under the crashing heel of the tyrant He showed the plunder and villainy of Bollock’s administra tion of fraud and force sustained by Grant’s administration, and denounced it with a i rawer of invective that aroused the indigna- 1 ion of every man who heard him. He en treated tbe people to “redeem the sepulchre of liberty” from the tread of the Turk, and the desecration of the infidel, with a pathos that brought the tear to many eyes. When he concluded, General H. W. Riley made one of his characteristic speeches. General Riley, though an uncultivated man, is one of the firet intellects in tbe State. His style is not regulated by books, but he is an anient and eloquent man. He stated that he had belonged to several parties amidst the changes of time, bat now there was but one isrty—the party for the country. He lx<- onged to that party. He denounced tbe plunder and villainies of Radicalism, and urged, in his own peculiar way, the necessity of supporting Greeley and Smith, and re uniting the country, reconciling sectional antagonisms, and restoring constitutional liberty. He especially urged tbe election of Gov. Smith. He said Gov. Smith was an upright, bold, honest man—the man for the flace. As to the personal of the Governor le said that Gov. Smith was as good, or a better looking man than himself. White aspires to be the banner county of Georgia for Smith. All of the candidates (and they are numerous) arc for Smith and Greeley. All right Northeast Georgia. White. non. w. r. mice at oaikesyxlle. Editors Constitution: Mr. Price made a rousing speech to a large crowd in the Court House to-day upon the issues now before the people. He completely exploded the idea of Grant's administration bring a financial success, giving many proofs of his position. CoL Frico has been for two years in position to kuow whereof he speaks. In his speech he portrayed in glowing terms the grand dif ference between tbe two national candidates for the Presidency, Greeley and Grant Colonel Price showed to the satisfaction ot tho crowd that to vote for Grant is to indorse centralism and despotism and invite their continuance for the four years to come; and to vote for Greeley is to vote for a return to a pure Democratic and economical form of government, a removal of the bayonets from the persecuted South, and general amnesty to all onr people—a “ striking of hands across the bloody chasm.” He showed that the same issues and results were now before the voters of the State in the Governor’s election. Governor Smith representing the one, and not be penned by all our speakers? Should the npper end of the garden, each almost 25 they not put our Radical orators and news- feet high, and both columns and arches onr lapcra to defending the grave charges made blaze of light The columns appear in the n these reports, rather than caveliing over distance as if fluted with fire, and the arches the alleged suppressed testimony and also the and pillars are formed of three rows of gas alleged extravagant expenditure of money by jots, and when viewed from the circle, with these committees while they were making the intervening fountains and large frosted no chjsctien made on tho argument of tala | upon its face, wa*, in fact, illegal, wonld dc- case before this Court as to the assignmentof errors, as alleged in the motion for a new trial, the Jniajdrity of the Court place their of statesmen, political economists, and 1 of business.” Sad.—We are pained to Jcarn of the death nt Athena, OB XoodaT last, of Annie Eiug l.uT.; k r., d*u.'h'tT of oar news editor, J. T. LempUn, m ter X ah year, of catarrhal freer We tender our sincere cooMeao: to oar co-laborer in his md bcnureaHiit But “White we laiagle dost with dost, ToOuc ea-icemely good and wise Balaehahetojsha • • • • Fair Spring at last Receives her oa her fiotrery shore. Where Plerenre’a rote And ala and sorrow are no more.' ground. I place my jodgemcot of reversal upon a much broader ground. Was the verdict of tbe jury contrary to law nnder the evidence contained in the bill of exceptions ? The defendant was charged with an assault with intent to mnrder. I u order to make the offence the evidence must show, that the assault was made nnder such circumstances, that if death had ensued, the kill ing would have keen runnier, which neces sarily would have invoiced the question of malice, cither express, or implied. If death had ensue J, and the homicide would only haTe Iron manslaughter, then, the defendant cannot legally be round guilty of an assault with intent to mnrder. What are the material facts as disclosed by the evidence in the pend upon the object of the association, it were, in truth, a mere devise to evade the usury laws, then it would be illegal if in fact more was taken for ffe; u-e of money than 7 per cent, per annum. But if the or ganization were in fact and bom f d 1, a plan with the real intent and object of “accummu- lating a fund by monthly subscriptions or savings of the members thereof, to assist them in procuring for themselves such real estate as they nay deem proirer,” then it would not be illegal; and this !>cfng a question of fact, depending upon evidence, it was proper for the Judge to leave it to the finding of the Jury. 3. When no other facts appear to the jury, by tbe proof, going to show the object of such an association than the constitution, and the contract made in accordance there- with, a verdict of the jnry that the contract costs, was proper evidence to be con sidered by the Judge, and if not rebutted, entitle-1 the prisoner to his discharge. A The contract between the Ordinary and the respondent for the hire of the convict was irrriavent and properly rejected. 5. The refusal of the Jndgc to grant an order of supersedes* before a bill of ex ceptions was tendered to him was proper. 6. Any person may petition a Judge for the writ of habeas corpus in behalf of a per son alleged to be illegally detained in custody. “Judgment affirmed. Hill & Candler, L. E Bleckley, for plain tiff in error. No appearance for defendant General Campaign Note.. Springfield, the home of Lincoln, divides its German vote as follows: For Greeley, 794: for Grant, 14. A year or two ago Wendell Phillips said that “Grant could not stand ap before a glass of whisky without falling down;” and now be says he wants him to be kept in office till every person who participated in the rebel lion shall be laid in the grave. Tbe Tribune says that Senator Trmnbnil bas written a letter to a friend in Springfield, Illinois, that in all parts of the State which he bas visited the utmost enthusiasm contin ues in the interest of reform, and that there can bo bat little doubt, if the present sus tained efforts are continued, of the success of the Liberal ticket in that State by a large majority. Gkbklet at Pittsburg —Never have I witnessed more vehement or determined out bursts of enthusiasm and wilder champion- ship. The number on the streets during tbe re ception is variously estimated, some placing it at from fifty to seventy-five thousand, wbilo others', more enthusiastic in their cal culations, say that over one hundred thous and persons witnessed the arrival of the great Farmer of Chappnqna in our city. Certain it is, we do not remember of any man ever receiving a reception so enthusias tic, and at the same time without any appar ent preparation. It was simply an outpour ing of the people, anxious to pay a just and merited tribute to an bonest m in. The Indiana Straight, Major Moreau, has sued tbe Indiaiiapolis Sentinel for libeL Commenting on his persistent determination to coerce Charles O’Conor to accept the nom ination forced upon him at Louisville, the Sentinel remarked: “So Mr. O’Conor has no rights that the man with three wives is bound to respect.” which tbe Major thinks is worth about $30,000, as set forth by his attorneys in his legal complaint. The Sentinel, in re sponse, reproduces from the records of the Superior Court the complaint of Minerva Morean, in which she petitions for a divorce on the ground that the gallant Major, after having obtained possession of her property, consisting of moneys, goods, wares, mer chandise, etc., and without paying any con siderable part of his debts, or "even the debt contracted for bis and her boarding,” aband oned her, taking with him a large sum of money. She charges that he used false pre tenses to get possession of her property, con verted it to his own use, and then left her without any means of support. Massachusetts Conservatism. — The mammoth codfish suspended in the Hall of Representatives at ihe State House, is a fit cmolcmof political ideas in this Common wealth—salted, dried, and warranted lo keep their original flavor in any c-iinate for any length of time. Mrs. M. AdcJc HioJett made a two-hour Grant speech at L-msir.g, Michigan; oa 5Ion- diy Next Wednesday is to bo the convention 1 select a candidate to represent tbe Congressional 1'Ltriei. This conven tion meets at Gainesville, and we see no rea son why Colonel Price should not be re-nomi nated. Change is dangerous. We know him—have tried him—he has done well for us, more than any other representative we ever had in Congress, and we sincerely think he deserves to receive at the hands of this convention the worthy plandit, “well done tbou good and faithful servant,” enter thou into the race again. Respectfully, Hall. P. 8. I forgot to state that Colonel Price divided hia time with Judge Oneal, bat the Judge failed to answer any arguments of Colonel P. dwelling mainly upon dead Issues. H. HALL COU.M’Y. Megrocs Sentenced for Rape—Politi cal Speaking—Opposition to Greeley Dying Ont-Slytcs, Spepccr nnd Bell ffi—Walker’s Tricks. Gainesville, Ga., September 3ft, 1872. Elito s Constitution: Our Superior Court is ill session tills week, and a large number of tho citizens of the surrounding countiy an- in attendance. On the lSik, two negroes, named Bird Brooks and Henderson, wen- tried for the offense of rape on the peraon of a Mis. Anslcy, a white lady. The proof of their gnilt was overwhelming, and on yester day morning the jury brought in a verdict of gtflity, but recommended cue, Wade Henderson, to mercy. Judge Davis this morning passed sentence upon the two negroes. Bird Brooks to be banged on the 8th day of November, 1873, and Wade Hendersontohardlaborinthepcn- itenlisry for the terra of twenty years. His Honor u his remarks to the prisoners and I the crowd assembled to hear the sentence read, was very lucid and strong in condemna tion of such horrible outrages against the community, showing that he had the public, without regard to race or color, deeply im bed ed in his heart. In this case everybody thinks full and complete justice lias been [Special Correspondence of tho Bshtaorc Americas] Paris, September 8.—The number of Americans who arrived in Paris daring the past week, and registered their names at the different banking houses, w as eight hundred and ten, and an equal number during the preceding week. There are said to be over two thousand now in Uie city, and the ntun ber is increasing hourly. THE MABILI.E OAUDENS. An American lady, who was chided by an over-prudish friend for having joined a party of American ladies and gentlemen to spend an evening at the M.ibillc G miens, respond ed: “ Well, I admit it was naughty, but then it waa so nice.” Sho contended that ahejhad never spent at any place of amusement a more agreeable evening, and had not seen half, as much to shock her sense of propricty as could be seen on the boards of our leading Political matters arc beginning to assume, theatres during a ballot season. The garden in this section, a very decided aspect. The itself, independent of the scenes enacted, is people are becoming more interested. Demo- one of the most brilliant spectacles crati who have, up to this time, leaned to- ever presented to the human vision, ward the “Straight” movement are now taking The number of gss Jets in the Garden is a very decided stand in favor of Greeiey and said to exceed 50,000, which, mingled with Brown. On the 18th instant. Colonel Cary the foliage of the trees and flowers, and are W. Styles, and Colonel Spencer, of yonr city, tistically arranged in and around the dancing made forcible and effective speeches in favor circle, ahnost blinds the eye at times with its of the Liberal movement, strongly-urging brilliancy. Then'there are grttoca and arbors, and alcoves, rcfirnhmeni saloons, and these grave developments ? U it would have the effect all over the State that it has had in Hall, I feel certain that it’s the key-note of the campaign. Let it be tried by our public speakers in every section. Colonel Beil also stated that Hon. Dawson A. Walker waa blaming Governor Smith, in bis North Georgia speeches, for his donation of the Land Scrip to the University at Athens, when he himself waa one of the Trus- of tbe Date War, following story : The familiar aphorism that truth is stranger than fiction receives a fresh verification almost daily. Our neigh boring city of Tiffin is jnst now deeply in terested in the sequel of a war episode, which shows how romance sometimes creeps into the events of real life. Early in the war Tiffin and vicinity had a sort or itinerant ircacher, named Downey. Upon the’ out- ireak of tho war Downey entered the service as captain in one of the Seneca regiments; and when the Government decided upon em ploying negro troops ho become Colonel of a negro regiment. Daring the campaign in Tennessee his regiment chanced to encamp LIFE IN PARIS J! THE M5BIFLE GARDXNS! DANCINCl A ? 11 i»; IsT’ ECTACU- JjAIC SPLEMIKIRS. booths for various little games interspersed, all adding tho gay and festive scene. That portion of the garden intended for prome nades is only sufficiently lighted to give effect to the illusion produced by some ingenious winter by which the groves seem to extend indefinitely .in the distance, though really not more than a hundred yards iu extent The trees, the grass, the flowers, tbe fountains, globes suspended from every available point, presents a scene of enchantment surpassing the genius of Mr. Getz to present in scenic illusion. Whilst the adjuncts to the grand central attraction of the garden arc like Uie visions of a fairy tale, the dancing circle eclipse* everything else in its brilliant arrangement and the artistic use of gas. It is about two hundred and fifty feet In diameter, with an tees of the University and accepted the elegant music temple in the centre, not quite donaUon! Judge Walker expects to so Targe as the pagoda in Droid Hill, but ca- make’ capital of this trick in this section, pableof seating a band of fifty musicians, and that his connection with the affair will the best that Paris can produce. An immense not leak out until after the election. But it’fl chandilier is suspended in the center with too thinColonel Bell has shown the mat- eighty globes, aud between each of the ten ter up, aud Judge Walker can’t make any- columns three large globes are suspended thing more out of it in North Georgia. The The temple being of iron emits ga* people here were for a while dissatisfied with jets at all p ints. Half way * Governor Smith’s action iu regard to the tween the temple aud the outer land scrip, but with tho settlement of the circle are arranged, equi distant, twelve large a uestion between tho trustees of the univer- palm trees, or at least iron representations of ity and the Dxhlonega Institution’ they ihe piilm, about thirty feet high, aud from buried tho hatchet and are now as active their broad leaves are suspended innumerable friends as he has in any portion of Georgia, plum shaped globes, serving as chandeliers, Hall will send Up for Smith end for Greeley directly over Uie heads of the dancers. The and Brown a rousing majority when the outer edge of the dancing arena is encircled time comes. E. with twenty iron arches with double row3 of „ ...... . „ , „ gas jets going entirely around, whilst from Komancc In Real lAfc—An Episode cad* arch three mammoth globe lights arc suspende 1 The combination is most charm- A Roaring farce Last Night* The meeting wss called to order by its President* Dr. Alexander, who explained the object of tbe call to be to take into consMtantkm matters of serious moment to the Democratic party of Georgia and tho nition. J. Ilmtfy Smith moved that a committee of nine be appointed to prepexe badness for the mooting. Tbe Chair appointed as that committee: J Ilenly nlthiTT Smith, Robert pOdwtll, Qdvta Fay. W RH-WaH, It J LrGj nU. W H Weems, Dr. L During the absence of the coinmtttoe,tL K Shicklo- ford vrcs c died for and shed a few tears at the dhls- stoa, death and burial of the Democratic party, and propor-cd p arraign, and did arraign tbe Greeley Democrats for the murder, but failed to obtain a jury, as tho most, it not all present were either biased or prejudiced. Bvcn his anecdotes were so fun-eral they fhilod to provoke a smile. The committee returned and reported the following preamble and resolutions: Whereas, The Jeffersonian Democracy In conven tion met on the 19th instant, prompted by an earnest desire to preserve and maintain the integrity, unity nnd harmony or tbe party In the county and in the State, formally and in good faith proposed to the Greeley wing ef the Democracy, as a basis of compro mise, that the Straight Democracy wonld concede to the Greeley Democracy of the county two out of the three of the nominees for the lower Douse of the General Assembly, and support the entire nominated ticket made by the popular vote on the 91st instant, provided tbe Greeley Democracy wonld ratify and in dorse the ringfe nomination-of Colonel A. M. Wal lace, made by the Straight Dssnocracy aa a candidate for Reprcsei-tative for Fulton county; and Whereas, This proposition, tendered as it was, ina spirit of conciliation and ardent hope of effecting a reconciliation of existing deplorable differences In the party, was rejected at tho polls, therefore, be it Resolved, That the Jeffersonian Democracy in Convention assembled, do proceed to nominate two additional candidates for the office of Representatives for Fnl’on county. Resolved, That In addition to Col A. M. Wallace we respectively present the names of Capt John A. Stephens and Dr. John A Wilson as two additional candidates for the Lower House of the Legislature. And Resolved further. That we make these nomina tions and present the same to the people for their suf frage upon tho principles set forth in the Beeolation adopted by this club at our last meeting. Resolved, That the Chairman of this Club Issue an address to the people of tho county. All of ( which is respectfully submitted. J. Uxxlt Same, Chairman; L. II. Oun, T. T. Surra, Calvin Fat, R. M. Wall, W. M. Brat, R. J. Lotau, R. If. Caldwell, Majority of the Committee. Colonel W. n. Weems offered the following mi nority report: Resolved. That we deem it inexpedient under ex isting circumstances to malm any nominations of candidates for tho Legislature. On motion of J. Ilenly Smith, this motion was tabled, and the report of the majority cvnmUt— pro- vailed. Tho meeting adjourned. *4*5 w V® 44* VIWJ Utlt-tllGU, OUU UtiCU jet bas evidently been placed and arranged wiib a view to its scenic effect from all otber portions of the garden when viewed. THE MABILLE AUDIENCE. Tbe audience consists of all classes so far as standing in society may designate them, but in appearance and dress they nearly all deport themselves a* ladles and gentlemen, excepting, of coarse, the most reckless of tbe dances. Tbe price of admission, five francs for a gentleman and one for . lady accompa nying him, makes it somewhat select cn tbe male eiflo, and keeps away disorderly char acters. However, tho fully equipped gen- .. , - , „ , . ... .. - dannes, with drawn swords, standing like sraggr rz&tfsjsz ts-«ssfei him with death and also set about destroy- itiD Pari ^ ladiea ^ ,, ra Ucmc5, spend mg tbe elegant fmmly mansion. Colonel at ^ u ’ e evening at tile Mabille Gar- Downey, by great exertions, andat the den, and even staid old English nnd American imminent nsk ofjus own bfe,suceedcd in mo i er3 an d fathers, wiib tbeir daughters, ELECTOR smith at obahtville. Editors Constitution: We had a rousing Greeley meeting here on last Friday evening, 20th instant. P. Francis Smith, Esq., the Elector for the Fourth District, addressed our citizens in a strain of- eloquence and logical argument that would convince the skeptical tost Horace Greeley is tbe only hope of the Constitutional rights of onr peo ple. Mr. Smith is a young man, bnt he is a giant in the cause of Greeley and honesty. We wish him God speed in his noble mis sion. In the course of his remarks he referred to what Animosity Tomcat Akciraan is going about, asserting that President Trammell, of the Senate, suppressed the evidence of Frost Mr. Smith scathingly reviewed said Akcr- man’s assertions, and showed them to be being tales in the interest of his Master, ’Useless the First” The meeting was also addressed by Mr. Hudson, the District Elector, in a very happy style; by Mr. George Peavy, the nominee of the District for Senatorial honors, and Mr. S. Leigh. All did well in the cause of right and honesty. J. S. Bigby, the Radical nominee for Con gress, addressed a very slim audience on the evening of the 21st. His speech was, of course, eulogistic of hia master, and is scarce ly deserving of any mention. His record is so black that some of onr colored friends will not support him. Mr. T. Bennett Newnan, will address the people at this place on Friday evening, October 4th, on tho Presidential election. We expect to hear something very eloquent and patriotic, as Sir. Newnan is a speaker of acknowledged ability. Every Straight-Out and Greeley Democrat are invhed—Liberals, Republicans, Radicals and alL Yours, respectfully. Bona Fide. rescuing Colonel Washington from death, and saving the mansion and other property from destruction. Colonel Washington left pro foundly grateful at the time for Colonel Downey’s brave exertions in his behalf, and promised never to forget them. There the matter rested, and the wild scenes with which Downey was surrounded soon drove it ont of hia mind. He remained at the head of hia regiment till the war was over, and then returned to Tiffin and settled down into a quiet domestic life. Not long ago he died, leaving his family in straitened circumstances. Mrs. Downey was driven to rely on her needle for support. She and her children lived in their hnmble way, with lit tle thought that a great change was Boon to be wrought in their condition. Re cently Colonel Washington died, when it was found that he had willed his property, consisting of ten thou sand dollars in bonds and greenbacks, and three hundred acres of improved land, situ ated a mile and a half from Nashville— the whole valued at a hundred thousand dol lars at least—to the heirs of Colonel Downey. Israel J. Downey, a son of the deceased Colonel, has just returned from Nashville, whither he went to see about the bequest. He found everything concerning the will as stated Kbovc. The administrator of the es tate was in Tiffin on Monday, arranging de tails of the transfer. The histoiy of the rebellion contains few more romantic episodes than this. The Act Exempting Cotton and Woolen manufacture. From Taxa tion One of the most important measures be fore the last Legislature was a b it exempting cotton and woolen manufactories from luxa tion. The bill was introduced by Senator Steadman, and passed both houses by large majorities: An Act to Encourage the Mannfsctnre of Cotton and Woolen Fabrics in the State of Georgia. Section 1. Be it enacted. That for the pur pose of iuducing the investment and employ ment of capital in the manufacture of cotton and woolen fabrics and yarns within the State, any individual or individuals, and any body corporate that shall hereafter invest money to he employed in the erection and operiCtion of any mill or mills within said State for tho manufacture of fabrics, out of cotton or wool or both, whether such invest ment he applied in the establishment of a new factory or in the extension or enlarge ment of a uow existing factory, shall be ex empt from taxation for State, county or mu nicipal purposes ou the capital so invested. Go I Ye Afflicted.—There can bo no question that to he sflllcted with ettmcrleg Is t coerce 05 discomfort and annoyance. Bnt there te no neces sity now to remain In that situation for Dr. Moses can effect a cate. Hia eacccea Is tra'y wonderful Call and seo him. Col. S. J. Winn—CoL a J. Winn, the Democratic cand-dste for Senator from the 34th ULe- Happiiy for this Commonwealth tbe mood of these tyrannical thieves anil thugs i3 seated. with sound Democratic doctrine, and d-mona-rated the fact that the Deroocr-cy had a leader of whom they might lastly he proud. Address of General A. C. Gablington. Last night Jsmcs’ Hall was Sited with a large and at. tentivc audience. We haro never seen . better anil tory assembled together. A pleasing feature of the occasion waa the presence on the platform of the candidates nt the recent nomination. Hon. T. W. 3. Hill, Chairman of the Democratic Executive Committee of Fulton connty, introduced I to rcti.ru lor luxation, or to pay any tax upon General A G. Garlington to the audience. capital iuveoied, or npoa property Bopur- Geacril GaHington Is a flaenr, forcible and eloquent j chased Or and" on any property purchased or therewith, intended tor and necessary to such manufacture, for the term of ten years from aud after the laying of the foundation of the mill so to be creeled. And it shall he the duty of the individual or individuals, or body corporate claiming Uie benefit of Buch exemp tion, to report to the Comptroller General of the State the amount of the capital so invest ed, and the time when the foundation of tbe mill reached the surface of tho ground and where situated: Provided, That in case of the extension or enlargement of any factory now established and m operation, this act shull not he so construed as to exempt from taxation investuicn's made and applied to such purpose prior to the passage of this act Section 2. It shall not 1* lawful for any State, county or municipal officer to requre any individual or individuals, or body corpo rate, wiio shall make such investment as de scribed in the first section of this act, after its passage, and shall give notice thereof to the CoinptroPer-Geueral.as therein provided, can be soon nightly enjoying tbe scene. All desire to go, and whin opportunity offers the ladles especially are sure to avail themselves of 1L They think they will go without letting any of their Acquaintances know of the contemplated indiscretion, hut when there they arc sure to meet jut acquaintance at every turn, and by glancing around among the alcoves are apt to find the very ones from whom they were most desirous of concealing their presence endeavoring to dodge tbeir own vision. ' Many' amusing seenea of acquaintances meeting nightly occur, and in deed if yon desire to find out who are in Paris there is the place to meet them. the mabille dancers. The Gardens are opened at 8 o’clock in the evening, but it is 9 before,danciDg really com mcnccs. The first comers are generally stran gers, who think they will come early, view the scene, and retire before the sinners make their appearance. The next become inter ested in the promenade!-*, who at 9 o’clock throng out towards tho circle with a sud denness that almost startles the beholder, and in a few minutes it is difficult to works ones way through the broad thouroughfare. The majority of the cyprians behave themselves with the dignity ot matrons, and, with few exceptions, and modestly ar rayed, mtngling with the promenaders until the daneffig commences. After the perform- anco of several operate airs the band strikes np a gallopadc, and immediately rings are formed In the circle around two or three of the finest female dancers. Partners are secured, and soon they are spinning around like teetotums with an exposure of finely formed limbs and agility that is seldom equalled on the stage, There are, of course, some profes sional dancers both male and female, cm- by the establishment, who ' in these furious demon strations, and the men frequently in the midst of. the dance throw their heels over their partner’s hcaJ. The females are equally agile, and when too far from the circle to see them, the spectator con perceive the toes of their boots flying over the heads of the throng by whom they arc surrounded. Although they wore long dresses, they arc appareled as the ballet girls in all respects, including flesh- colored tights and short pantalets. Saturday night ia the galy night of the week, and it is on these occasions that strangers mostly visit the Mabille. From b o’clock to midnight, when the gendarmes put a stop to the dancing, and the musicians re tire there is no cessation oftliis sceneof wild abandon aud unrestrained hilarity. To all oulwanl ajipcarance they seem to bo full of the enjoyment of the .occasion, and merry peals of laughter ore resounding from all quarters. DeKalb Countt Fair.—The DeKalb County Fair comd off at Lithonla on the 9th of Octo- The Executive Committee met at Decatur yes terday, and completed arrangement The following appointments of I departments were make: Department A—Field Grope—N M Reid. Department B—Horses and mules—OoiJ J Morrison. Department C—Cattle—B F VeaL Department D—Sheep—J W Fowler, Sir. Department B—Swlno-^J R Dora. Department F—Articles of Household Economy— Mrs E E Cox, Mr* G F Tamer, Mrs S B Robson, Mrs F A Collier, Mrs W G Whidby, Mrs J T Willingham, Mrs R J Tajrslo, Mrs J W Scrnggs, Mrs J N Swift, Mrs J M Bor u, Mrs J T Alford, Mrs D Anderson. Department G—Manufactures—U G U tMlltar, J R Smith, J W Kirkpatrick. Department II—Fruit* and Vegetables—'W J Hous ton, S B Robson, II P Woollen. Department I—Ksmjr—Daniel Johnson. A J Veal, T C Howard. Dr-pa-tmei.t J—Flowing match—J C New, J N Swiff, 8 E Drown. Department K—ITomear.dc Fertilisers—J N Swift, J B Steward, P W J Echols. Special prctnTom $5 for best Milker—Mrs M A Cundlcr, Mrs II P Woottcn, Mrs J C Ragsdale. Hpcclal premium, cook etove, for the finest and beat child nudor 9 years of age—E Cox J W Veal, J W Toggle, M» W L Goldsmith, Mrs J W Goldsmith, Mrs W P Bond. Special premiums have been offered for the best hram baud In the ccanty, and for the most boys in family, glrkk) Committees wiU bo appointed hercaftor. J O Ragsdale, R^Alston and Dr W P Dond were appointed Mareliatrtf the Fair Ground. No liquor will be allowed to be eold on the Fair Ground under any drcnmatanccs. The Secretary's office will be opened In Lithonla on 1he 8th. All ariHcs must be entered on tho 8th, the day previous to the Fair. Articles designed for exhibition only will not be charged «n entrance fca All articles iatendud to compote for premiums will be charged in the following ratio: Fine hon es and mules fl 00 Flue cattle Mr Sheep aud pwlno 25 A11 otrer article* SO Single tickrtB of admiffltoa 25 Children amler 12 y*ars 10 No money will bo rrcclr'ff at tho gate. Tickets of admission mud be procured from tbe Treasar^. Hon. W L. Go'd-mlthand lion. M. A. Candler will have special charge of the ladies on the grounds. Ed itors throughout the State are invited to attend. J. R. Mchaffoy and G. A. Ramcpock will take charge of all who attend. Over fifty competitors, we learn, -111 compete for the cooking stove premium. It Is fold that Kirkwood intends to bear off the banner for mcrltoriomi articles. Visitors can attend and re turn the same day for one fare. Supreme Court Decisions.—Tho de cisions of the 8nprcme Conrt yesterday win be found on tho rccond page. The judgment of Fulton Superior Court in tho case of Jim Williams CcoL) for assault with Intent to mnrder, was affirmed. The Judgment of the same court In the case of Charles F. Elliott, for aseault with intent to mnrder reversed. Judgment was affirmed In the cnees of A.K. Foagovs. R. 8. Pomeroy: A. M. Parkervn. Fulton Loan and Building AesodatJon. FleL*hman 3s Co. re. G. W. Collier; Broomhcad va. Chisolm. Judgment was reversed in the case of Z.T. Wright s. W. IL Phillips. Judgment was affirmed In the the case of Thomas O'Neal, of Clayton, convicted of murder. speaker. He throws his whole soul into the effort, and carries conviction to every breast by his deep earnestness. Coining from the State of South Carolina—now Nothing can save fT~.rtrnr.ft now. IIii over- whclrnfng fs as certain ns that the sun will rise on the 8 h •lay of October. Alle- ^ , , . ebanv mv! the who!:; \Ve*t is aflame with in- i nndvr the Iron heel of d* epotiem, and groaning be- dfcna&m at flic an.f-t.-i, ms attempt of Came- • w»’h «•' wcSsthtcrf lux oppressions sod wraw-te ron & Co. in irr.pf .4. ihU man llartrauft tu»on ! could not fall to depict the horror* of Grant's rule, the Commonwealth as its Governor, and to Eisindictunaitof Grant's administration waeeca'h- ckrvatc a r.o?r.rifms lobbyist nnd shameless! Put strong and overwh-lmfng. The enormltisn, oat- CorruptionUt to the office which HarPnnfli rage* and corruption were portriyed with the baud of Las di?rp accd. Lancaster county i*s ia open | •wwter. revolt. So is Lizeroe; and scarcely Jt county i The reasons why the Democratic pirfy aud every ill the State will give anything ncjr i!*< full J true Son-hronshomd sappor*. Greeley in this con Republican vote to Hartranft and Alien, j t**t were cogent snd omdosivn. During its delivery Philadelphia cannot now be carried for them j he was greeted with ap;.iaosc. oh r. fair poll; yet, supposing the Ring to At the conclosion of his remarks, in re*pon?cto count up a false majority of 10,000 for them ! call*, Hon. W L. Calhoun, candidate for Rcprwnla- ^ _ _ inthiscity, cantful estimates show that they I tbe, aud Cnl Samuel Well, made cffictivc speeches, is not illegal, is not only supported by. but is! will be batten in the Slate by from 9,000 to! did: ing outburst* of^applanre and patting everybody required by the evidence. *10,0 0.—Forneys Pres*. j in the beet humor possible. ricicd within the time of said ex emption, any law custom or us^gc to the con trary notwithstanding.) >xe o ^ Tins Results of Mahuhactuui.no.—In one year the profits of manufactures in Mas sachusetts were $102,000,000, amounting to $0$ to every human beim: iu the State. The wages paid amounted to $! .3,* <00,000, which, to those employed in the factories, gave over $-100 each. Sfow, suppose thi* same ruin np plied to all our States, aud t-Jich of those large divisions of the national domain In our warmer latitudes had mills and places of in dustry ou water courses lliat never freeze or cause the busy wheel to cease, what cndit&i wealth would bless this land? Again: Mas sachusetts has over half a million of mechan ics depositors in savings banka, who alone have over $170,000,000 Washington Repub lican. An Anecdote With a Point. The New Ilaven (Conn.) Register says "Mr. J. U,- Adams has advanced tlio principles enunciated at Cincinnati, hut now proposes, for somo reason, to take such a course as will perpetuate for four years more the present calamitous administration. Well, there is no law against a mtin’s turning his back upon himself, even though llie man should be & member of ’that family* of Adamses.” Which remiudj us of a little story. Not long before the death of the elder Adams, he paid a visit to the old Cradle of Liberty, Faneuii hail, for the purpose of inspecting a picture of Washington, then recently painted by Stuart. After gnziug upon the portrait for some minutes in silence, he said: "Ah, gentlemen, Washington was a wise man, a very wise urn; ho knew when to tali; and when to *>e dumb; hut that d—d fool”—Up ping v. ith hi* cane a uiarhio bust of himseli— “never couid keep his mouth shut!” This family trait is evidently perpetuated in the fourth generation, and has just killed a very promising young man of uie Adams tribe.—Missouri Jiep>ibUcan. A Silent Fireside Quarrel.—Grant is credited wi»l» having said that he would ac complish a certain otiiect if it took all sum mer,* but wc have an illustration of the same spirit in mi aged ample now living in this county that far surpaiKs Grant or any other military chief lain of whom we read. The IhkvoiimcUncd lo arc nearly ninety years of iu:e, and although living in the same home wish their graudsou, and sitting opposite each other at Uie twice lublo daily, have not ex changed a word for more than twenty years. The ill feeling thus cherished is the result of a trifling family jar, such as ought not to have disiurlied the happiness of the family for an hour —Risiiuf sSun (Indiana) Recorder, September 21, Tomm'IY, Stewart ft Beck.—Tommey, Stewart 3s Beck occupy the handsome doable stores at the corner of Pryor and Decatur streets, in the Re public Block. The stores are handsomely fitted np, and filled with a heavy stock of hardware, cutlery, etc., just received from the North. Everything that is kept in their line can be foand here, and at satis factory prices. They are wholesale dealers. Tbeir trade has developed Into large proportions. The mem bers of the firm are noted for the r high integrity, sterling qualities, and unblemished reputations in all the walks of life. They deal promptly, fairly and squarely with alL Call and examine their fine slo* k. Yon cannot fall to be pleased with It and the firm. Peter Lynch, Grocer.—The name of Lynch is connected with the history and prosperity of Atlanta. Many of onr readers know that Peter Lynch Is 'em of the oldest grocery merchants la Atlanta. He has always kept a large sleek, and by fair dealing has built np a large trade. He invites everybody to come and trade wl’h liim, promieing to deal fair and eoll good goods cheap. Parties from the eoantry can find at his store most everything they want. Don't fait to gb. DeKalb Summon Court.—Yesterday the case of Lydia A. Smiih vs. J. T. Willingham, for the possession of the “Red Store** at Stooe Mona- tain, was decided in favor of the plaintiff. It will probably *o up to the Supreme Court igsln. The Criminal Docket will probably bo taken op to-day. An Important Df-cr-ion.—Yesterday an Important decision wu* made in the United Statee Circuit Court by Judge Enkine In the case of the United States va Washington Mosdy, charged with carrying on the business of a distiller without having paid the special tax. The United States’ witnesses testified that defend ant worked ia the distillery as a hireling, and that he did not own or have p-wscselon of the still, and did not receive the proceeds of the whisky. Judge ErsLine held, in substance, that the defend ant being a hireling could cot be convicted of the cliargc of carrying on the badness of a distiller, and one but the person who had ro^easlon of, and exercised dominion over tbe distillery could be convicted of that offense, bnt that It la not n ce«sary that ruck person, to be guilty of the offeusc, be the actual oKt r of the distillery, it ia only necessary that he be in possession of it, and carry on the but- ness. Judge Srskino held further that working in an illicit dietiiicry as a hireling. Is a separate and distinct offense from that of carrying on tbo business of a dis tiller, but that it is of the tame nature, and a defend ant may be found guilty of it on trial under a charge of carrying on the business of a distiller, provided it be shown by the Government, that Um> distillery ia which he work<*l is an illicit distillery. Iierry 1*. Furrow, United States Attorney. George S. Thom;.-, A-el-Uut United States Attorney, fur the United Suites. Gartteii, Uow ell. Pope & Crown, for defendant. Public Laws.—All Uie acts, public and Jirlvale, l-A-scd by the last I^stslttnre, wilt be oat la s few week*. Price two dotirs per copy, neatly bonucL bend in yonr orders at once to Tax Ooanzs. tction Office If you wish to procure than. indistinct psint