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