The Weekly constitution. (Atlanta, Ga.) 1868-1878, November 05, 1872, Image 1

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Newspaper Page Texteg Constitution. Trrn.af Subscription: VEKKI.TCON9TITCTIOS pa amra PH All sabscrlpdoae sre payabU eertetlr la advaae* sad. «t IV- expmSaa of the time for which payment • ■a4e.aalMpKV1oa>lr renew'd the same of th* eaharrlber artll be ttrtcfcea from oar book*. tW~ nut*, of Tea |15 00, aadaeopyof the paper *—tt fm to thecetter-ap. THE WEEKLY CONSTITUTIOK ATLANTA, TUESDAY, NOVEMBER 5. flrntli •( Hr. Jean A, Sledge, The aeqnain'aneea of the abore mined gentleman In'this city. were startled this morning at the announc* merit of fch rndden death. For a long time Mr. Sledge was a newepsper man, being Editor and Proprietor of the Southern Banner, published at Athena, though not connected with any paper at the time of hia death. * Hi. remains will be carried to Athena this evening for interment Strikes. The New York Commercial Advertiser has been calculating the mat of the labor atrikea last rammer One single interest, the home hnilder., snflered to the anm of $15,273,000. Of this amount $5,000,000 was the working men’, wages. The city loat the rest in Im provements. The banks lacked all this capi tal to accommodate the monetary world ! Do strikes psv f • nr At the Domination for Mayor of the city of A Manta, which took pUre la«t Satur day, 2. 66 vote* were polled. We have no- tiowl for yeira U«al this city always polls a heavy vote on all occasion*. The people ae**m alive to the importance of voting. One of the results of auch a spirit is that the city and county has, since oar recollection, always placed in office n -ne hut Democrat*. If all the cities and counties of Georgia had the same spirit, the State would he cursed by fewer corrupt officials.—O'ffflnErtes. Finit Falls of Military Denpotlrnn. W llenttf$r« of National rirrllon Vnw -llm of U omenU dered -Oran »• %tienpt to vmotta- er CDc Voice of a Dem ocratic City. Nkw York, Octolier 28.—United States Marshal Sharpe, after consultation with Elec- tion Supervisor Davenport, now directs the arrest of women refusing to answer questions concerning their maV relatives* right to vote. A large* number of arrests are to be made in the next three d .ys. CVHi.ruUsioncr Davenport to-day a^ljounied the case of Charles ilurney, who was recent ly arrested by a Deputy Marshal for failure to annwer questions under the election law. Hussey’s counsel urgently requested a hear ing. It is uudcmlnod that Davenport is going to send all the election esses before the Uni ted Slates Grand Jury. VOLUME V.l ATLANTA, GEORGIA, TUESDAY.’NOVEMBER 5, 1872. INUMBER 31 * A* our readers have been Informed Colonel Jack Brown, the parent,** rather both par ents of the “Siriiighl” cause in Georgia has come out in his district as an independent Straight-Out Jcffcronian Democratic candi date for Cougrcsdonal honors. Wc have just received a letter fro.n Amr*ri ms, Georgia, enclosing a Grant electoral tick et with Brown’s name on it. We give the letter. It contains some other statements which will iotere»t our readers. Comment is needless. Ami Hires, Ga , October 2S, 1872. Editor* ' on»t*lut ion : I enclose Post Office order for $■», which pleas*; place to my credit as a fnlMNsritier to The DaievConstitution. 1 alio incline a Grant electoral ticket, with Jack Brown's name for Congress. A box of the.-e tickeU have reached the Post Office here, anti a few tluough a crack have obtain ed circulation. It expl oit* Jack’s otatiualc a Ihrivnci) to the principle* of the str.ight .It $Vr*»ni:tn Ur:iic*r.»ry He also says that if be g*T* (iv«> Imiidrnl voles he will take his seat litiil further he goes,and asserts tint a fair election has never since the war been held in this couui/. Respectfu^,^ Ilo.i, L. 31. Trammell. This gentleman’s curd appears in another column, explaining fully his connection with the Bruuswick and Albany Railroad Com pany, when not a mcmlier of the Georgia Henntc. As wc understood it, the charge was that he ami another Trammell received to help pass ihc bill giving the second indorsement of the State to that road. The facts show this to be false. Hia card shows his real connection with the road as an at torn^ to prevent unfriendly legislation to an enterprise that he approved. It is line to Mr. TrumniVU to state that there never was a better and more faithful presiding officer of the General Assembly in the State. Ilis self abnegation in refusing to take the oath of .office of Governor when Bullock fil'd* and resigned and Conley usurped the power, gives the highest evidence that he preferred the peace and quiet of the country to his own advancement. His appointment of the Investigating Com mittees gives the falsehood to any charges of bring connected with the frauds. His whole career as President of the Senate was able and fearless. As a par'd i men tarian he has never had a superior. It is due that this should be said of him in recognition of hi* services and shining record as a State Senator. Tfc» Chalice to Their Own Lips. We always are delighted when the op pressions of Radicals on the South recoil at the North. It is the first necessary step to the country's redemption. So long as the evils of Radical misrule are merely matters of theory or history for our Northern breth ren, the protest against them from that source ia not apt to be inspired by that vigor and seal for which their successful overthrow calls. But when the pestilence comes to ones own door, then wc look for decided efforts to stop it. New York 1* having an experience of the tyrannies of the Radical enforcement and election laws that Farrow in Grant’s interest has been udng in Georgia so shamefully. The matter illoairstes at once the despotism of Radical rule and the centralism of its theory. A Ridical supervisor of election named Davenport, in New York city, a United Sutra Commissioner, sent his emissaries to the house of a German named Charles Hein rich, claiming the right under the law of 18*1, giving commissioners in cities of 20,- 00» people inquisitorial powers, and ques tioned him as to his right to vote. Heinrich refused to answer, and ordered the man out of his house, and was urn-sled and thrown into jail The law of 1871 was amended in 1872 by Congress taking from the Commisioners their power of making arrests or performing other duties than to be in the immediate presence of the officers of election and wit ness their proceedings. The Radicals claim that the old law is still in force, and under thiwarMirary and illegal assumption of force are proceeding. The matter is awakening deep Indignation there. The papers are discussing it vigor ously. Tue World denounces the illegal ai rest billetly. The Times justifies it. The World threatens punishment upon the arbi trary cffl dftl*. The Grant officers continue arrau. They have arrested another citizen named Hussey, who refused to let them go through bis house to find a man named Rooney, they having no warrant. Da' port, the commissioner, is having the initial* of names altered on the registry so as to have grounds to challenge Democratic voters. Thus our Northern friends are getting taste of the same dose that is making ns of the South so sick. This is right Let the pestilence be impart*aL The cure will come the quicker. In the meantime let no Democrat help these infamies by throwing away a vote on O'Omor, and diverting from Greeley the support that will elect him,defeat Grant, and stop despotism and Southern oppression. PKKSOTAL. Card from lion. L. N. Trammell* Ed tan Constitution : In my card of (be 17th ultimo, I said that the statement of Mr. Frost did me great injustice, which fact I pre ferred to show, by evidence, other than my own, at a proper time, by showing fully what was the nature of my employment tnd for what consideration I received compensa tion, and the amount received, etc. In compliance with that statement I here with hand you the contract between myself and the Brunswick and Albany Railroad Company, and request that you publish the Marne with the accomtnnying explanation. Determined efforts had been male in the courts to embxrraie* the Company, and render nugatory the act authorising the indorsement by the State of the bond* of the Company It was apprehended that an effort to repeal tha' act, or otherwise cripple the Company, would Ik: made upon the assembling of the Legislature of 1*70. Hence my services were sought and the first contract made, which is as fohows: (copy.) Atlanta, Georgia, November 9, It is agreed that L. N. Trammed, E-q,. shall use lm l«*t endeavors to defeat any legislation detrimental to the intercut of the Brunswick arid Albany Railroad Company at the next session of the Georgia Legisla ture; and, that in con.dderaiioa of such ser- viccsj-aid Company shall pay him, on condi tion that no fcuch legislation sli til puss, five thousand dollars, one-ha if in paid up stock in said company and one-half in c*»h, the sum to-tie deposited in the hands of some respon sible citizen of Atlanta, on or before Ibe first day of the session, to be delivered to said Trammell upon the defeat of any such un friendly legislation or at the close of the ses sion. Tub Bbukswick and Albany R.R Co. By W. L. Avichy. Attorney. L. N. Thammell, Attorney. State of New York, County and City of New York. Personally ap'-earal the undersigned, Wm. L Avery, the within named attorney, who testifies that the within named writing is the original contract between the Brunswick and Albany Railroad Company, by him as attor ney, and L N. Trammell, made and entered into at the date set forth and for lh^ purpos es therein indicated. W. L Avkry. Subscribed and sworn to before ine thi.- 18th day ol October, A. U, 1872. P. J. Pack, No:ary Public New York City and County. The company failed to comply with this contract. The deposit was not made accord ing to agreement. In the meantime it w.-is charged that Hie officers of tuecoinp&Ly hod sent certain dispatches North which were charge d to lie untrue, and were intended for political effect These had prejudiced the company in the miu'-s of the people of the State. The failure to comply with the first contract and this action of its'officers caused me to hesitate to have anything more to do with the matter. When to secure the services originally contracted for a second contract was entered into which is as follows: [copy.] Atlanta, Geo., Jaly 2\ 1870. It is agreed that L. N. Trammell, £ q, shall use his best endeavors to defeat any legislation detrimental to the interest of the B. «fe A. R R Co., by the present legislature; and in consideration of said services, said company shall pay him on consideration that no legislation shall pass whereby said Rail road Company shall be deprived of their chartered rights or the endorsement of their bonds by the State as now provided by law, the sum of twenty five hundred dollars in ca>h. to lie paid upon the last day of the present session of Ibis legislature M. L Kimball. Financial Ag’t B & A- K. R. Co. These are the contracts which I hold against the company when I called on Mr. Frost for a settlement, when lie became, ap parently, much excited and without knowing the. amount of my claim or the considera tion of the same (unless he had been in formed by some one else) at once declaied that the company had no money, and that he © uld not settle then. I informed him tuai I should at once take legal steps to collect my fees, and after some discussion of the matter which he complains of as being conducted in an unfriendly man ner, he agreed that if # I would give him till the next day that he would make arrange ments to have the matter settled. To this proposition 1 gave my consent. Here the matter rested for that <Uy. On the next day I was approached by Mr. Kimball,w ho asked me if 1 would take the p.qn*r of W. T. Tram mell in settlement of my claims. I informed him 1 would do m». W. T. Trammell, on the same day, gave me his obligation to settle said claims, nud at the same time informed me that Mr. Kimball was to turn over to him bonds a* collaterals to secure him in the matter. I never spoke to or communicated with Mr. Frost after leaving him that evening. W. T. TrainmaH paid off his obligation, and here the mutter ended until Mr. Frost ap pears before the Bond Committee and states that while he was in Atlanta, four gentle men called at liis room, two of whom he understood to be the Messrs. Trammell, and notified him that they had a claim against Kimball, for services rendered in gettine through the Legislature the act of 17lh of October, 1870. Now, 1 slate most emphatically that there was io one present at Hie interview, that 1 bad with Mr. Fiost, but \V F. Trammell and he was there at my r» qu**st, and that neither the met of October 17, 1870, cor any other act was mentioned, that I did. not inform him that 1 had a chum against Kimball for services rendered ia getting through the Legislature said net. I never advoetted the passage of the act, nor had 1 a fee for so doing. These are the facts as they transpired, and as the written contracts show; and in my judgment there is nothing in them which cau be tortured into a violation of law of sound morality or upright and patriotic action. It was simply an agreement for a fee, the con- Augusta Rooming* Atlanta has been running a very active schedule of sensations lately. She has had her duels and trance lectures, and municipal muddles, and all that Bet she must retire. Augusta steps proudly to the front as the champion city in sensations. On Monday she had a negro mob, a first-class burglary, and a genuine murder. The mob was a negro Grant Kn-Kinx off xir in daylight on a Demo cratic negro named Brown. The burglary was by a negro. And the murder was of a negro by a negro. This increase of crime among the blacks is not a pleasant matter for contemplation. Liberty and education seem to have harvest! d evil fruits among them. The experiment of negro elevation under Radical supervision has failed signally. The negro is infinitely worse than when the Radi cals took him in charge. Thty have made him more evil. They hare taught him the broad road to the penitentiary. They have encouraged his depravity by precept and ex ample. They have diminished his respect for and fear of law. They have educated him in hate and prejudice. They have used their influence to build op race antagonism. One fruit of Radical overthrow will be the restoration of better understanding between the whites and blacks, tbe renewal of the kind ly relations that Radical ingenuity and malice have poisoned, and steady amelioration and improvement in the morals and condition of the blacks. Marietta, October 27,1872. Editor* Constitution: Dor** the law of Con gress imperatively require Supervisors of Elec tion to be appointed, or is it voluntary with the counties to have them or not. as they may desire ? And what is their duty ? * A Voter. The law does not require supervisors. Th2 matter is purely voluntary with the counties. Upon the request of any ten of the citizens the supervisor* are appointed, one from each party for a precinct. Their duty is simply to attend and have the privilege of witnessing the election, and the counting of the ballots, etc They have no power to arrest or challenge or anything of the kind. The object seems to be to provide witnesses to any unfairness that may occur. TEXAS LIFE. Experience of uti Atlanta Boy* Sunday Drinks and Circus. A Gay Place—Politics. San Antonio, Texas, October 90,1872. Editor* Constitution: Thinking that some of your readers might desire to know some thing of Texas and Texas life away out here the frontier, I take this opportunity of living them the experience of an Atlanta boy who has been out here three or four months. You who live in a refined and civi lized, and to a great extent religious commu nity, can form no idea of the wav they “do things” out in San Antonio. Frequently you hear persons say at home, “Atlanta is an ex ceedingly fast plnce,”why Atlanta is not a cir cumstance to Ban Antonio, although this place has not much more than half the popu lation of Atlanta. This is Sunday, and I’ll try and tell you what I’ve seen to-day. In the morning, 1 passed an untold number of bar rooms and all of them open, people, and the best citizens too, playing billiard* or cards, course for drinks, and "for tbe crowd,” really if you won’t drink and play billiards on Sunday, you are not respectable. There are more bar-rooms in San Antonio thau any ico out of Texas, to its size in the.Uoited States. As I sit in my room now at ten o’clock at night, I hear the band playing at the circus, and not very far off is a panorama on exhibition. To day I was walking along the street, when I was suddenly startled by hearing a lot of boys shouting and tbe band playing, I looked up, and just then it all came in sight It was this: The circus with all its riders, performers, etc., dressed in regular cir cus style, were coming down tbe street with the band playing, the boys shoutiog. and ever so.many Mexicans and stragglers following them Remember this was on Sunday. Imagine all the bar-rooms open on Sunday home, billiard playing, drinking, and last, but not by any means least, a troupe of per formers dressed in theircircua“tights” riding •lown tbe street with a band playing, wouldn’t it make a commotion in Atlanta ? They have just had a Fair here, which was a l«me affair indeed. I suppose I couldn’t well close With out mentioning politics. Texas will go Dem ocratic, so they all say. San Antonio, in her city elections, most assurredly will The young men have an “I do Greeley Club ” and they frequently promenade the street with their while hats on. A great many of the negroes here arc for Greeley—they have meet ings; at the same assembly some negro will speak for Greeley—others for Grant They are trying to move the Capital to Houston in stead of keeping it at Au t in. Clarence. sideration of which was that I should, by fair and honorable means, endeavor to pre vent legislation detrimental to this corpora tion. The enterprise was, in my judgment, one of great merit. So strong were my convic tions in its favor that I re! used to take a fee against it, and did not hesitate to become the feed counsel of the company. I repeat what I said in my first card, that if this bean offense wiser and better men are subject to similar charges. S-une of the purest, wisest and best men ever known to this country have appeared as paid advocates of measures pending before legislative bodies. Names and measures could be given by the doz*n if necessary. The legality and sound morality of this question has been decided by the highest le- il tribunal in England and by the supreme imrt of this Slave. But I do not purpose entering into a discussion of the legality of such contracts, this being a private matter between myt-eif and this corporation, one that had not, nor can have anything to do with any official act of mine; no member brilied or attempted to he bribed, no fraud perpetrated, intended or attempted. The whole matter was merely a private business arrangement. I was to receive the compen sation named for the services named. Tne active part I took in getting passed ihc legislation which wus intended to 'Ferret out the illegal issue and indorsement of Urnds, and the interest Mr. Frost has in such illegal bonds, I think, will furnish to the public tue reasons which actuated him in making the voluntary statements he did to the Bond Committee. With the publication of the facts in the cose, I here dismss the subject. Respect!u’ly, L. N. Trammell. From Ilenrjr Couuty-lol. Llcnn Editor* Constitution: Cot Glenn, the Dex- ocratic candidate for Congress in the Fifth District, made a short but pithy campaign speech in old Henry to-day. He is very pop ular here, having spent the larger half of his life in thi* county. His canvass is adding strength to the Greel* y ticket. Col. Glenn spoke to a mixed crowd of whites and blacks and his speech was will received. Hd will get • lame black vote in this county. October 35. Ic7i H&nrt. Tcnnc«‘fc New* De Castro, the illusionist, is in Chatla- no ga. At Cleveland wheat sella for f 1 50 per bushel. Wayne county prospers in weddings and chesnuts. S'raknsrh and troupe will visit Nashville the 2d of December. The workinermen of Knoxville have nomi nated a candidate to represent them in the next General Assembly. The convention of stockholders of tbe East Tennessee, Virginia and Georgia Railroad Company will be held in Knoxville, on the 13th of November. SEA STORM TO SAVANNAH. The Epzrlence of an Aajjry Ocean Bisbon Persico, the Catholic Bishop, Barely Escapes with Life. Prtm the Saiesmsh Adiertlrer.] The screw steamship Virgo, Captain Bulk' ley, from New York, October itid, arrived here yesterday, after bavin); an nnnsually tempeatnoos voyage. The captain, with the characteristic nonchalance of “the bouid sailor boy”—in nautical parlance—describee! the trip as having been “ pretty roiieh,” - heavy weather,” etc, and the parser, Wild- man, laughingly acknowledges that the voy age was “tough ” and the storm a right smart sou'easter, which the good ship could ride any time. Among the passengers, however, were some who have more than once crossed the Atlan tic and other seas, and have viewed them in their most angry moods. These persons de clared that seldom, if ever, hod they witnzssed a more appalling situation—never had they been at the mercy of a more terrible tempest than that which the staunch Virgo had just now so successfully weathered. At the time of her departure from New York—late on Tuesday afternoon—the heavens were overcast, but the waters were quite smooth Wednesday morning dawned with ugly, leaden-hued, wind clouds, and brought a J-ullen, ominous swell of the sea. The wind and waves arose gradually, and by noon most of the passengers bad commenced to realize “life on the ocean wave” by “heaving to,” and “casting up accounts,” re gardless of all else. Rain fell during the day, and toward night it increased to a driving storm, accompanied r»y pitchy blackness and fitful furious squalls of wind. The ship, under sail and steam, plunged, rolled, and lurc hed heavily. Tremendous seas occasion ally broke over her bows, once lifting the huge anchor nearly four feet from its place, and at another time nearly washing the mate overboard. The spray flew over the forward saloon, and the storm rails opposite the state room cabin door, are said, by an affrighted passenger, to have been frequently under water. It was chiefly due to the address and presence of Purser VV ildman in the cabin that the alarmed passengers, especially the ladies, were re-assurcd and their feara quieted. The knowledge that Captain Bulkley was at the wheel and on deck with every officer and seaman with him on post throughout the night, filled every one with confidence. But in the langnageof our informant, “the night was terrible beyond description.” At supper time a heavy’ wave struck the vessel, the the shock of which scattered dishes, vic tuals, hot and cold beverages, spectacles, napkins, chairs, passengers and waters in every direction. The scene was lively and picturesque in the extreme, although any thing but enjoyable. Tne passengers were sliding to and fro on tbe oil-cJotbcd floor, at tended by polite waiters, locomoting on their ears, seals of their trouserloons, etc., while tea cups and other crockery were shivering and chinking in smithereens, os if enjoying the occasion hugely. At a late hour the vessel lurched and plunged so madly that a heavy tuMe in the lower cabin became so loosened from its fast enings, and was hurled against a settee, which being also liberated, joined in the battle ayainst the other articles of furniture. These, in turn, were dislodged and bowled about to and fro with the motiou of the ship, tumbling against the stairway, and banging from stateroom to stateroom with tremenuous force. The terrified passengers made some attempts so remedy the trouble, but, after unsuccessful efforts, fled to their berths until the watch arrived, who, after some trouble, arrested the disorder, not, however, until some ugly bruises were inflicted. During the day five hats were launched upon the briny deep, and were wafted away to the in- '.euse disgust of tneir owners, and amidst grins from the entire ship's company. Three very narrow escapes from death oc curred. A steerage passenger was grazed by a falling block, wiiich came with awful force from some of the parted rigging of a main sail that was swept away by the gale. The second steward, William MacdoDOUgh, while passing along the deck, was thrown off his THE COi>K IN ATHENS. he fell he 2rasped a rope, which, contraiy to what he supposed, was unfastened. He was thrown agaiu violently aud astride of the outer ratling, but in bis descent h« grasped a post and was saved, although for a time he was under water. The most remarkable escape of all, how ever, was that- of the Right Revemed Dr. Pcrsico, Catholic Bishop of Savannah. He had left the supper table just before the ves sel was struck by the heavy wave, previously aes ribed, and endeavored to pas* along the deck to the stateroom cabin. He had not proceeded far before he was jarred off his »cet, slipped and fell headlong and prostrate directly through the railing, his head, shoulders, and a portion of his chest, hanging over the vessel’s side. With a spasmodic effort he threw his arm around a post, bat had no ^power to help himself up. There he bung, shouting for succor, his strength failing, and his eyc3 staring down into what seemed must inevitably be his watery grave. Seconds then to him apjieared like hours, and nnother moment would have exhausted his strength; but bis cries were heard, and the venerable and reverend Pre late was rescued. His escape was truly mar vellous. The vessel passed through the awful ordeal of the trip unhurt in any way—a sufficient compliment to her powerful and thorough construction and to the well-known faithful ness and skill of her popular commander. A FORTUNATE DRUG CLERK. A Btch Widow F«lli in Loro -with Him-He marries Iicr, and site makes Him Worth 000,000—Site Is Uandxome, Too. APPLING COVNTfSYSTERY additional Particulars of In terest Spiritualism Assigned as the Cause Sir. Kerns liart’* Statement. On Sunday morning last,- 5 *: company with J. W f . Brothers, Supervisor, 1x1a I). M. Mitch ell. agent of the Atlantic and Gulf Railroad at Jesup.T went to Mr. Surreucy’s, at Station .DECISIONS SUPBE91E COURT*OF GEORGIA. Delivered in Atlanta, Tuesday, October 29,1872. ^Xsnw jSsra, 8 aOTaz5a t SiJ*T antxrncaj * Spfflding Kenn&n, Executor, vs. Chas. Dn- ’ Bignon and D. J. Bailey, Administrators. Complaint, from Baldwin. WARNER, C. J. It appears from the record in this case,! No. 6, Macon and Brunswick J^iinvd. Widle there, one of two hrlukljy . a ricce of Athens, Ga., October S9,1872. Editor* Constitution: Atlanta, a few days ago, was stirred to its very centre on account of an affair of honor between Fotce and Townsend. Athens has been afflicted some what on the same order. Lost week a couple of young Gentlemen (students) became aggrieved, and with the r friends, cne for each, concluded there was no other way of settlement but with pistols at short range. They went to Augusta, and after survey ing the ground, concluded to patch up the little matter, which was dona to the satisfac tion of the parties concerned, and returned. The result of this affray was the expulsion of the four young gentlemen from the college. Good for the college. Yesterday another, and from the reputa tion ol tbe parties for fighters, it will end more seriously. Mr. Bib Lampkin, widely known ns a fightist on the true blue order, and Mr. Tennie Rucker, a young and ri-iog lawyer of this city, from an old grndge or something of the kind, which they consider too serious a matter to adjust outside the Code. They, with their seconds, left this morning for Augusta to cross over the river into South Carouna. They fight, I am in formed, with large navy pistols, leu paces, to advance firing until one or the other fall. Both are pluck to the backbone, and it i9 said if they take their stand for the frav, one or both will cross over that other river, which we hear of In the beautiful Sunday School song of that name. But whether they will remain across that other river, is a Question to be determin ed by Him, who will be the Judge of such matters. These affairs have created a great deal of excitement among the goini people of Ath- eas. Every one with whom I have conversed regret very much that such things have occurred, and especially in the quiet little city« f Athens, so renowned for morality and learning, not to speak of her society, which has bten so generously sounded around, not only in Georgia, but throughout the neighbor ing commonwealths. Occassional. The Public Library op KEXTrcsY Gift Covczkt.—W« call the paztiniUr attention of oar trade-* to the final announcement of Gore- nor Bramlette in oar */’.▼«rti«in* columns <n reference to tbe Second Grand Gilt Concert to be held in Louis Till*', Ky., on the 7th day or December next The greater portion of the ticket* ara already so.d and a naif million deposited ia Bank and held fur the payment of ail gifts off. red, as will be the certificate of the Cash er of the Farm Drovers’ Bank pabliebed in tne advertisement. The demand for tickets since this announcement has been Another of those interesting little roman ces in real life has jnst come to light in Wash ington. The bon ton is in ecstacies over it. A dapper-looking apothecary’s clerk has suc ceeded in marrying a fortune of $2,000,000, and now he has gone West to spend it. The facts in the case, as related to me this mora ine, are a9 follows: Some months ago a charming young lady, dressed elegantly and in the height of fash ion, and representing herself to be the relict of a late prominent New York oil speculator, appeared in Washington and took up her res idence at the Arlington Hotel. While at the Arlington she one day had occasion to pro cure an assortment of perfumery, and in quest of that desirable acquisition of the toilet exiled at the extreme upper-crust drug store of the city, known as Thompson’s, which is situated opposite the Treasury Department. Behind the showy counter of Thompson’s red-bottle establishment waited an attractive clerk, a young gentleman cf twenty-nine, who was no sooner seen than he had conquered. The next day the relict of the New York oil speculator invited the elegant drug clerk to a tele a tele at the Arlington. Thereafter occurs a blank, until the lime of the Baltimore Convention, when Mr. Drug Clerk received a mys’erioua note from New York. He went to B Jiimorc, there met the lady, was married, remained throughout the Convention, and quietly returned to Wash ington to resign his clerkship and exist with- O it visible means of support. The lady soon followed him here, and again went to tbe Ar lington, where she resided some time, occa sionally receiving the fortunate hu-bind, and loading him with presents of diamonds, rings, gold watches, etc, winding up by transfer ring to him a whole business lot iu San Fran cisco, with the buildings ther on—a very val uable piece of property, of which she herself holds a companion in New York. Next they started for Philadelphia, where the lady took a sqdden notiou to go West, the only notification the ex-drug cierk’f friends received of his intention being a tele gram couched in these words: “Shan’t return. Can’t avoid it Am goin, to San Francisco.’’ On Friday a letter was received from the Pacific slope, containing the information that the young man had started a magnifi cent wholesale diug store at the Golden Gate. The immense wealth which has fallen to his lot, together with the extroardinnry manner of tbe match making and the beauty and high standing of the wife, are the ni*»c- days* wonder of the court circles of Wash ington, and coming on the skirts of the ro mantic Aalick wedding, has set every body asking: “ W ba» oext ?” chamber crockery fell, b'; r.s we did not see them start, or while ti±:y were in mo tion, we were very much nclined to be- leive that they were thrown by some person. Oq Monday night, however.! went up again, and remained until Tuesday night Up to dork Tuesday afternoon 1 nothing fall that could not have been^hrown by some living person, and so exp res* d myself to Mr. Surrency. Shortly after dan, however, Mrs. Surrency came into the park? from the kitch en, and told Mr. Sorrencv that every one would have to leave tbeXltchen, as thing* were falling there at such a rite that it would be dangerous to remain. Mrs. Surrency then tooU~us all into the kitchen, where we saw several bottles and various other things that had fallen. As soon as we got into the kin&en things were heard to fall in tbe room of the house, and the crowd wtafiluck. Knowing that things seldom fell where the crowd^was, I took a seat and remained in the kitchen. While there I saw a tin pa. start from actable and fall on the floor. Shortly after ward, Mrs. Surrency was cutting a piece of meat, and occasion; to leave it and go to the stov * While-she was at the stove, or, rather dr'jhe turned from the siove to go back to ib i table, a servant girl and some of the famin with the piece of meat, which hat] in the middle of the parlor floor. 1 ana confident no one except Mrs. Surrency and vnyself were in the ro^m from the time Mrs.-t turency was cut ting the meat until it wa*- /rougnt in by the servant girl. I saw several Other remarkable thing*, but the above is a fair sample of the doings of the—(well, L^Jpn't mention his name) up there. W7C. Rkmbhart. [Black*7icar Georgian. 1 THE VERY LATEST. From the Express Messenger, of the M. & B. R. R. who came down on Thursday, we learn the impression pretails that the daugh ter of Mr. Surrency is xnunconsciou* medium. This is thought from the fact that she left the house and visited a ncighoors' where the spirits appeared, leaving as she left Is it so? If so, who can explain why the spirits have never before appeared 1—Brunswick Appeal SPIRITUALISM THE CAUSE. From the Macon Enterprise of October 28.] B'ar in mind, that the report had been credited that these troubles arose from the fact of Miss Surrency being a “medium,” and had been sent away, ar d it was onr purpose to interview her and ascertain what she knew about throwing brickbats. We were well received by Mr. Patterson, who furnished us with sugar cane, and "a recital of all the strange occurrences. He was a truthful, gentleman and we believe his report. stated that tlie first occurrence hap pened at Mr. Surrency’s house in this manner: Mr. S. bad goue .down on a visit on Thursday, 19th inst., to No. 7 ard was to return that evening. When the train was about due, (it was then about dark) Miss Clementine Currency, went to the railroad, which runs nearly by the gate of the house, to meet the train. While looking in the di rection of the train, towards Macon, she saw sometbiug in the shape of a man, dressed in white, coming towards her. Being fright ened she ran to tbe houie, but did not reach it before a lightwood knot fell within a few feet of her. This was followed by a shower of them and a few brickbats. Previous to this, the family had often teamed her for being “scary,” and she did not make much mention of it before her mother. A negro plowman was then sent out, but he too, ran back, for fear of being struck by the falling hits of woods. Mrs. Surrency, think ing some one was throwing at the house, went out, and she too saw the wood falling in every direction. It then ceased outside and began to show itself in the house. Crockery, etc., bcgaii to fall aud break, and eveiything was cdnalerLaWon. Mr. Hfttnp Surrency, brother of A. P. was sent after, and saw the strange doings. There was no sleep in the house that night What hap pened after that has been reported correctly in a former number of this paper. Thinkiug that his daughter might lie the c tuse of the trouble, he sent her with her mother to Mr Patterson’s, when the strange things began to occur there. A wash-pan was on tlie water shelf nearly full of water, and while Mr. P. was about five steps from it, fell at his feet, spilling the water. Chairs would tip over, shoes would fall about, etc. Mrs. Surrency went home, leaving her daughter at Mr. Patterson’s, and the trouble commenced at home on her return. We saw Miss8nr- rcney and found her to be a beautiful and modest young lsdy. Having to go to church we failed to be introduced to her. On our way back to the Station we turned the matter over in our minds as to the canse. It could not be Miss Surrency, for she was absent part of the time the things were oc curring ; it conld not be the little negro girl for she was sent and known to be away part of the time; It is impossible that any human being could have done things that did happen (or the best men of the country lie,) and therefore, tbe only cause we could assign was that spiritualism was tbo agency, ana that Mrs. Surrency is the medium. This conclu sion may 1 e hasty and Ul-founded, but hav ing plied qnestions and traveled over the en tire place, and collected all the facts possible, this is our solution. Mrs. Surrency is the only person who ha9 been present at any occurrence, and her state ment can be relied on as she bears an irre- protir^able character and has no desire to not< xie 7. Tue occurrences ceased on Friday night last, and we hope will never occur again. Mr. Surrency throws his doors open for everybody, and if visitors continue he will soon be eaten out of a house and home. His heart is entirely too large. Wc left at 11 o'cliKJk last night, feeling satisfied that the cause of the mysterious do ings lies in some supernatural agency. Our trip wa3 the most extensive dose of No. 6 we ever took. Our heartv thanks to Mr. Surrency and family, Mr. Patterson, and to our genial com panions from Savannah. To Cap?. Jarvis, the conductor, we lift our hat, and congratulate the Brunswick road in having so gentlemanly and efficient an officer. Surrency, farewell! executor of A. H. Kennan, deceased, for the sum of $2,826 37 for money collected by tes tator as an attorney for the plaintiffs, and not as an attorney of their intestate. To this action the defendant filed two pleas, the gen eral issue, and plea of set off, in which latter plea the defendant alleges, that the plaintiff* as admistrators as aforesaid before, and at the commencement of their said action, were indebted to him as executor the Bum of $2,000 00, etc On the trial of the case the plaintiffs offered in evidence their letters of admUtration and the order of the Coart of Ordinary from which it appeared that the plaintiffs were administratore, with the will annexed of Seaton Grantland. The defend ant objected to the introduction of this evi dence upon several grounds, which ob|ections were overruled and the papers read in evidence. The defendant then made a motion to non suit the plaintiffs on the ground that the evidence offered by them to show that they were the lawful administrators with the will annexed of Sea ton Grantland did not show that fact, but, on the contrary, showed they were not the lawful administrators as aforesaid. The mo tiou for non-suit was overruled by the Court. After hearing the other evidence in the case, and under the charge of the Court, the jury found a verdict for the plaintiffs. A motion was made for a new trial on the ground that the Court erred in overruling the defendant’s motion for a non-suit, ana on the further ground that the verdict, being in favor of the plaintiffs in their alleged pretended capacity of lawful administrators, with the will annexed of Seaton Grantland, deceased, is a verdict against evidence and without evidence. The Court overruled the motion for a new trial, and the defendent excepted. In our judgment, the motion for a new trial was properly overruled. The plaintiffs were entitled to maintain the action in their own names without describing themselves os ad ministrators, and if they did so describe them selves, it was merely surplussage. Besides, if they did sue in the capacity of administrators, it was not necessary for them to prove their authority to sue in that capacity at the trial, when tbe defendant had plead to tbe merits of tho action, and plead a set-off against them Jn the capaciiy in which they sued ns admin istrators, without denying their authority in his plea, to sue in that capacity. Because the plaintiffs undertook to do more than they Item 3d Should my wife, Phoebe, many, it is wih that my estate shall furnish her with a genteel and comf<‘rnhie support out of my property during her life. Item 4til It is my will, that should any of my children die after marriage and without leaving any child or children bom of said marriage living at the time of said child’s death, then that the widow of such child shall receive five hundred dollars from my estate and no more. Item 5th. It is my will, that as my children that the plaintiffs brought their action ^ j should morpr or become of age, my exccu- administrators of the estate of Seaton Grant-1 6h » n f>J e off U> snch child such portion land, deceased, against the defendant as ex- m y ^ de as he may think liest.fi An Embarraialug Situation Max Adeler says: That little affair of Needham’s that some of the papers have been telling about was certainly unpleasant—at least to Needham. Needham owned a deep- mouthed watch-dog, which always bayed him welcome home, and snatched mouth fuls of Chops out of the legs of strangers. Needham took that faithful animal along with him one day to guard his clotbea while he went in. swimming. Needham bathed for an hour, and meanwhile the dog went to sleep on Needham’s garments. When Need ham came out tue dog did not recognizn him in his nude condition, and refused to let him come near his garments. Every time that Needham would grab for a snspender or a s'-ck the dog would bile a mouthful out of hi*» arm or kg, and whentT.T Ntedham would make a d?ve for a boot or undershirt that an imal would seize him by the c xlf aud shake him. So Needham stood there iu the sun pretty nearly roasted, and he spent the afternoon dodting in ard out of the water to avoid the Dorcas societies aud female students at the boardios school and the factory girls coming down the road. At last, when the dog went to sleep, Needham cr« » up behind him, caught him suddenly by the tail, and flung him across the stream. Before the d-»gcould swim back, Ne dham got most of his clothes upon bis bleeding body and limits, and the dog came sidling un to hitn looking as if he expected to be rewarded for his extraordinary vigi lance. An-I yet they say that tte dog is mau’s best friend. were required to do at the trial, did not preju dice the defendants’ defense, or anv of his rights, so far as we can perceive. The ver dict was right under the admission made in the record as to the indebtedness of the de fendants’ testator to the plaintiffs, and there was no error in the Court in refusing to dis turb it. Let the judgment of the Court belAr be affirmed. Wm. McKinley, for plaintiff in error. Crawford & Williamson, for defendants. Jas. H. Porter and Charter Campbell, Execu tors, vs. Eliza Kolb, Gauardian. Com- W plaint from Morgan. ARNER, C. J : This was an action brought by the plain tiff against the defendants on^m account for services rendered to the defendant’s testatrix. On the trial of the case, the jury found a ver dict for the plaintiff for the sum of $1,000 0* A motion was made for a new trial on the grounds that the verdict was contraiy to the charge of the Coart, without evidence, and strongly and decidedly against the weight of the evidence. The Court overruled the mo tion and the defendants excepted. The de fence set up by the defendants to the plain tiff’s action was that their testAtrix, through kindnes?, permitted the plaintiff to remain at her house for her own benefit and comfort, she only agreeing to furnish her with cloth ing, pocket money, and pay her tuition and doctor’s bills—without any intention thayhe plaintiff should make any charge for her ser vices rendered to the defendants' testatrix. The services rendered by the plaintiff to the testatrix of defendants was clearly proved by at least two witnesses, (Mrs. Barnett, and Camp), from June 1865, up to June 1869. Mrs. B. states that her services were worth $60 00 per month, and states in detail the services performed. Camp, also, proves the performance of services by the plaintiff and that testatrix promised to remunerate her therefor, without specifying any definite amount, thinks her services to the testatrix were worth four or five hundred dollars per annum. The evidence for the defendants in relation to some of the fans w.»s in conflict with that of the plaintiff The Court charged the |ury iu relation to this point in the case, “that when there is a conflict in the testimony, it is the duty of the jury to reconcile such conflict if possible, but when it is impossible that witness who had the best opportunity of knowing, other things being equal, is enti tled to most credit*” Yet it is said because the jury found for the plaintiff they found contrary to the charge of the Court The witnesses who had the best opportunity to know the facts, and who were entitled to the most credit, was a question exclusively for the jury to decide and not the Court, and it does not follow that because tbe jury, under the evidence, thought proper to give the most credit to the plaintiff’s witnesses that the verdict is contrary to the charge of the Court, but on the contrary, is entirely- consistent with it There can be no pretense in this case that thereTs not sufficient evidence in the record to support the verdict, if the jury believed the plaintiff's witnesses. The ques tion is not whether this Coart wou]d have rendered a verdict for the plaintiff had we been in the jury box, but the 3 uestion is whether there is sufficient evi- ence in the record to support the verdict which the jury have found in the exercise of their undoubted jurisdiction and authority under the law? The distinction which will authorize the Courts to interfere with the verdicts of juries, and when not allowed to interfere with them, is this: when there is not sufficient evidence under the’law to au thorize the verdict, assuming every thing to be true as proved, then the Courts will inter fere and set it aside, or in extraordinary cases, the presiding Judge may exeicise a sound discretion and grant a new trial when the verdict is decidedly and strongly against the weight of the evidence; but when there is sufficient evidence to support the verdict, although that evidence may be conflicting, the Courts have no legal power to interfere with and set aside the verdict, the more es pecial lyithis Court, which is alone a Court for the correction of errors from the Superior and City Courts. This Court is not, and never was intended to be, a tribunal to de cide questions of fact which, under the law, are required to be decided by a jury of the vicinage, and it is quite time that parties, and their counsel, iu view of the repeated rulings of this Court, should so understand it According to the rule established by the numerous decisions heretofore made aud re ported, there was no good legal pretext for bringing this case before this Cmirt on the statement of facts contained in the record, and thus delaying the plaintiff in the collec tion of her demand awarded to her by the veidict of the jury, which the Coart below refused to set aside. We therefore affirm the iudgment of the Court below and award ten per cent damages as provided by the 4221st sectiion of the Code. Judgment affirmed. A. G. & F. C. Foster and Joshua HiU for plaintiff* in error. Billups & Brobston for defendant. Supervisors.—The following n »raed per Wm. Gardner, eL al., vs. Wm. Alford, next Iriend. Ejectment, from Morgau. WARNER, C. J. This was an action of tjectment brought bv the plaintiff against the defendants, to re cover the possession of a tract of land in the county of Morgan. On the trial of the case, th- jury fouud a verdict for the plaintiff Tlie defendants made a motion for a new trial, on the ground that the verdict :r*ry to law, and the evidence, and bees lse tlie Court erred in admitting in evidence the sayings of Bird, the testator (under whose ' will tue nluintitf claimed title) before and after making the will, and because tbe Court purpose of managing and controlling, aid deriving profits or income to himself, but the title to such property shall not be divested from my estate, nor such child acquire any title to the same; but said property shall be long to my estate until the youugest child shall marry or become of age, and then shall be brought into the general fund, to be di vided among all my children equally, share and share alike. Item 6th. My further will and desire is, that should all my children die, without leav ing children at the time of their death, that all my property shall be made a poor school fund of, to be placed under the control of the “Inferior Ciurt of Putnam county,” and my executor or such other person as my execu tor may select as hi* adviser, to be appropri ated to the purposes in said county of Put nam as the poor school fund is applied. I constitute William B. Carter my execa tor, to carry into effect this, my last will and testament, hereby revoking.alljjtbers. This — day of April, 1838.” There is no ambiguity on tlie face of the testator's will which would authorize the in troduction of parol evidence to explain it, but the words thereof arc to be construed accord ing to their legal effect, and the intention of the testator must be derived from the plaiu unambiguous words which he lias employed in making his will It was error therefore in the Court iu allowing the parol evidence of tilesayings of the testator to be given in evi dence as set forth in the record. The follow ing facts were in evidence at the trial: Geo. L Bird, the testator, died two or three weeks afur making his will, leaving as his only children, three sons, two of whom died be fore Andrew, the youngest became of age, or married, leaving no children. Andrew the youngest and last survivor died after he ar rived at fall age, leaving two children, who are the lessors of the plaintiff in this suit. Af ter Andrew became twenty-one years of age the administrator with the will annexed of George L. Bird, turned over to him the entire estate of the testator. The land in dispute was levied on and sold by the sheriff as the property of AnHrew F. Bird, and purchased >y the defendant- -and the question is, what estote did Andrew F. Bird take under his father’s will, and did the lessors of the plain tiff take any interest in the land under that will? This will must be construed, uuder the law, as it stood prior to the adoption of the Code. The Court charged the jury “tha» the plaintiffs, the children of Audrew F. Bird, under the will of George L. Bird, took an estate in remainder in fee iu the property in dispufe.” If there are any words in the testator’s will, which, accordiug to the legal rales of construction, would create an estate in remainder in fee in the children of Andrcft F. Bird to the property in dispute, or any other estate therto iu them, it has escaped .our observation. What estate did Andrew F. Bird take under the will to the property in dispute ? The title to the property was in the executor for the purposes specified* in the will, until Andrew, the youngest child, be came of age, and then it was to be divided among all the testator's children equally, share and share alike. When Andrew lie- name of age he was the only surviving child, and the entire estate vested in him in fee. subject to be divested under the sixth item of the will in the event he should die without leaving children at the time of his death. The estate of Andrew in the land under the will, was not contingent upon his having children, as has been supposed, but was a vested fee subject to be divested in the event he died without children. In the event he died without chil dren the property went over by way of an executory devise to the Inferior Court of Putnam county as a poor school fund, and this executory devise was not at all inconsis tent with the fee to tho property being in Andrew, for an executory devise may be limited after a fee. The fee which Andrew took in the land under the will was a quali fied, or base fee, because there was a qualifi cation affixed thereto, to-wit: that if he died withont children it was to go over by way of executoiy devise to the Inferior Court of Putnam county; still, it was an estate in fee in him, because by possibility it might endure forever to him and his heirs, os it turned out in this case, he having left children at tbe time of his death. The proprietor of a quali fied or base fee has the same rights and pivileges over liis estate till the contingency upon which it is limited occurs, as if be was tenant in fee simple.—2nd Ul. com. 109-10 (aud note 15) If there should any doubt whether the devisee this case took au absolute estate iu tbe land at common law, there cau be none under the pro visions of the Act of 1821, which declares that all devises of real property shall ve^t in the person to whom the same are made, an ab solute, unconditional fee simple estate, un less it be otherwise expressed, aud a less es tate mentioned and limited in such devise. It was said on tbe argument that it was the intention of the testator that his grand-chil dren should take his property in the event his sons died leaving children, but there are no words in the testator’s will which will au thorize a Court to say so, for as it was said by this Court in Wright vs. Hicks (12th Geo. Rep., 156) “Courts are not permitted to give effect to the will of a testator contrary to the plain and obvious terms used by. him upon a mere conjecture as to his intention.” VVhat estate in the land the defendants would have taken taken under their purchase at Sheriff’s sale if Andrew F., had died without children, as against the executory devisee, it is not nec essary now to say, inasmuch as the executo ry devise was defeated by Andrew F., leaving children at the time of his death. In our judgment, Andrew F. Bird being the youngest and only surviving child of the tes tator when he became twenty-one years of age, he took a vested fee in the land, subject to be divested on his dying without children, but as he did not die without children his title to the land was not divested, but on liis death descended to bis heirs, sutject to the payment of his debts, and that, inasmuch as Andrew had a good, indefea-ible estate in the land, the defendants who purchased it at sheriff’s sale as his property, acquired a good and valid title thereto as against the plaintiffs, who could only claim it as the heirs at law of their father, Andrew F., and not as remainder-men under the will of their grand father, George L. Bird. Let the judgment of the Court below be reversed. Reese & Reese, Foster & Foster, for plain tiff in error. Billups & Brobston, Nisbct & Jackson, L E. Bleckley, for defendants. Allen H. Greer vs. Martha Hangabook. Re fusal of injunction, from Macon. McCAY, J. 1. Section 721 of the Code prohibiting the establishment of private ferries within three miles of any public bridge, does not prohibit the establishment of a private ferry within three miles of any public ferry. 2. Section 724 of the Code authorizing the owner of any land through which a stream lasses, on both sides of said stream to establ ish a bridge or ferry thereon ut his own ex pense and c.large toll for crossing, is to be construed in harmony with section 2207, which provides that the right to constiuct a bridge or establish a ferry for private use, within or adjoiniug lands, is appurtenant to the ownership of the land, but the right to establish and keep a public bridge or ferry is a franchise and must be granted by the Stute, and so construing, section 724 is only to be understood to apply to a private ferry, which tbe owner of the lands may establish for hL private use, and which he mxy also occasion ally use for carrying others over and charge toll therefor, but which he c.vnnot commonly and usually use for such purpose^o as to make the same a public ferry. 3. A franchise of a ferry is the subject of sale, and may be transferred and inherited. 4. A franchise of a ferry may be lost by non-user, but under section lGsO of our Re vised Code, tbe forfeiture only dales from the judgment of a Court of competent jurisdic tion declaring the forfeiture. Judgment affirmed. Phil Cook, represented by Henry Jackson, K-q., for plaintiff in error. VV. A. Hawkins, for defendant allotted ns the “year’s support” under the provisions of the Code. Wm. McKi lav, K<q., for plaintiff in error. Crawford & Williamson for defendant Judgment affirmed. Robert J. Booth vs. Thomas P. 8affolcL*Com- plaint, from Morgan. McCAY, J. Where A and B entered into a written con tract, in which A agrees to sell and make a fee simple title to B of a parcel of land, and B agrees to par to A, eight hundred dollars in cash on a fixed day thereafter, and to give, on that day his note, for three hundred dol lars, due one year thereafter, and B took pos session of the land. Held, That the covenants of A to make the deed and of Bdo pay the ;money were mutual and dependent'eovenants, and an ac tion would lie in favor of A for the money,on his offer to perform, and_B.thercupon_failing or refusing to pay the money. In mutual covenants of this character, it is not necessary that a 4 formal tender shall be made by either party. If ohe offers to per form his part of the covenantfand the other refuses, the right of action is complete, and it is not necessary, that the party offering to t ^rform shall prepare the deed and tender —e same. If B buy land from A and take possession, be cannot resist the payment of the purchase money if he has not been disturbed in the possession by showing A's want of title, un less he show that A is insolvent, or show other facts to establish the insufficcncy of his war rantee. J udgment affirmed. Billups & Brobston, for plaintiff in error. A. Reese & Johua Hill, for defendant. D. A Newsom. Ordinary, et aL, vs. James M* Stark, administrator, et aL Bill and de murrer, from Greene. McCAY, J. 1. Under tho Revised Code of this State, our Courts of Chancery havo jurisdiction to carry into effect charitable bequests, the ob jects of which are definite and specific and capable of Ixdng executed. 9. In determining what bequests for chari table purposes are definite and specific and capable of being executed, the Court is to be guided by the well settled rales of the Court of Chancery iu England in the exercise of its inherent chancery Jurisdiction over charities as distinguished from its jurisdiction as the agent of the King in the exercise of his pre rogative power to direct and give effect to indefinite charitable bequests. 3 A bequest to the Inferior Court of a county of a sum of money to be placed in the hands of four men, who are to give bond and security, whose duty it shall be- to loan out said amount and pay over the interest annually to the Inferior Court, to pay for the education of poor children belonging to the county, aud that no part of the principal shall be used for that purpose, is, accord inn to the well settled rules for the exercise of the inherent power of a Court of Chancery over charities, sufficiently definite and specific in its objects and sufficiently capable of execu tion to authorize and require our Courts of Chancery to give it effect. 4. It is the duty of the Inferior Court, on its acceptance of the trust, in such case, to appropriate the money, as directed, and if any difficulties arise, or any uncertainties exist, as to tlm precise objects, or as to the mode of applying the fund, to apply to the Chanci llor, who wiU direct, by decree, the leading details of the scheme to be adopted. Judgment reversed. A. lteese, for plaintiffs in error. M. W. Lewis, J. A. Billups and H. D. McDaniel, for defendants. B. E. Walker and Jas. M. Walker, admin istrators, vs. K. T. Walker, et aL Equity, from Greene. MONTGOMERY, J. 1. Distributees are not entitled, as such, to recover anything from the administrators of the estate in wliicn they claim an interest, when it is clearly shown that the estate has become insolvent, without fault of the ad ministrators. An insolvent estate is none the less so because the claims against it are judg ments obtained on debts of the intestate, created before June, 1865, to the executions issued upon which it will be necessary for plaintiffs, iu fi. fa., to attach affidavit* of pay ment of taxes before they can be levied. Judgment reversed. E. L. Lewis, Baugh & Arnold, for plaintiff in error. Robinson & Branch, for defendant. James W. Herty vs. John JM. Clarke. Com plaint, from Baldwin. MONTGOMERY, J. 1* A settlement between two parties where by one boys the other’s interest in the part nership property, and gives his note for the amount tnund to be due the retiring partner doe* pot estop the maker of the note from pleading and showing, when sued on the note, that it was given for two much, by mistake arising out of an erroneous charge against the maker of the note in the settlement. The fact that the maker received the note after dis covery of the mistake by him and while it was a matter of dispute, still insisting that it existed, does not vaiy the rule. 2. There being evidence in this case of the existence of the mistake, and the jury having so found, wc will not disturb the verdict. Judgment affirmed. Crawford & Williamson for plaintiff in error. Wm. McKinley for defendant and thb raff. Tho nobleman and she re mained sometime in Pari a. IBs supply of money was exhaused; besides business called him home. She had had enough of Russian life. Her place was in Western civ ilization; here she lived—she vegetated there. Return she would not He stormed, he swore, he raved, ho entreated, he. prayed, he wept All in vain, of course. Women are not made or penetrable stuff rile returned without her. She was left in Paris with noth ing burher face—n fortune greater than do Balzac’s, or de Lamartine’s, or Victor Hugo’s or Scribe’s genius. All their gifts never brought them in as much money as this wo man's face has brought in to her. Adisheart- not i ife ■ cuing truth; is filled with dUhearte A MARVELLOUS LIFE! Wonderful Career of a Beautiful Asiatic Peasant Girl. Captivating the Hearts and Fortnnes millionaires and Noblemen— "Her Chateau In France, and a Palace on the Avenue dee Camps Elysees Jewels Worth 9500,000, and Sil ver-plate Worth 9600,000-Sulclde ot Her JLast Lover. those of onr friend* who want magnificent Distribution, to crier th-.lr tickem at BelL KepabUcrAn The Savannah Fair.—The annual Fair o f the A^ricdiiaa) and Mechani'a! a***- cation of j erred iu cu Tiring the jury that the children Ge-wsi* will com-ne’.ce *» their Fair Grocud* at Sav-j of Anderson F. Bird, the lessors of the plain- M appointed Snperriaor. of E«Hon f.,r -he oa D.-o-^iber id 1371, and continue j till, tools an estate in remainder in fee uuder ennnte of n,neia- At cheernt toe—c p.i.ir n._! f!x dty. Th• Ae.oci.ttoo h.ee aiop cd the w:»e tiie will of Oeoree L Bird to the property in MTOrucnet..mceini..nnoaneeoen-.hMtoen|““?«'orD l «sa.^At^^m W-CBUu; Be-, p c ,^ lDsn „ fc9fnrM1 rice or exhibiting dUpUe. The motion for A new trial Was ** *®re brisk thuerer.ncd the remtwnt win j \ ! wodt Prow the w 1! known chv«t«r of thedlre^l overruled.andtbedelend .mstxo pted. The he disposed of at an early day, to that it behooves D_. mocm . At Couner’aMiU—J H Winn. R* pu^’ tor* we antlc’prte a fi-.e f.ir J H S-tilL th- Sc we- following is a co »y of the last Will and testa- panicipat? in thia ’ ran; H C HoweT, D?moc-at. At Choei II: —J D tary is o.e (f those live tenvti.- wholi -fouled and; ment of George L Bird, as set forth iu the court*01* cr-tl m n, th*t ui k? seaccenacf every-' record: hia* Jho - 1» eho'o.f. 1 “Item Istt. I will and derirc tkatallmy . , property, h*ih real and perrons’, should b Real Estate Salk*.—Bell & Goldsmith: Fatal Accident.—Fr-un *he Telegraph kept together under th • management anc . , - , sold ycrerday evening fear aeven-roosihoasea ar.d &i d Mer*e iz r, w-:-r*rn that yr Tj rdore Sotting- con* r-*l of my txecusor, to he hereinafter rival of that day, for another creditor to ap- everything that was to be seen. She had un- ooecoitare. ! ha«, w.t» «f rir. Nonia-bnm, of m con, while ariv- nam.-d, for’he support aud education of my! pear and tile oljectious to the schedule of limited command of money, mod she became Latl-forty feet front on W«t Cain ftreet-$S,793. line rapid y i : ?-i b!.g:y. <*n Sunday, wu.j, a'-empting family. | person nlly. familiar With all the arts Of all the Countries Lot S—game front on some rtreet-|l 405. ti turn tv c m r of * *h< ny *n I i ttreeis, the l r* m i> I will an 1 desire to give my ex- j A widow and minor children are not en- she visited. When she reached Pans she was Lot 3—«ame front on WfliUm* Mm-t— f .• o o ; bn*gr w ^ r;» et, a d .’4-. .\\ wastirown out «< lent- Ucutor the privilege of selling such part of titled to an exemption of personalty in the a wonderfully accomplished woman. Lot 4—came front on tame a*net- i.». ' }y tt. ?h-:rr; t Ring upon hia h ad. He waa car- 5 m, es'u.e as may seem brat t > him, either f* r estate of a deceased husband and father if pecially for those days, as then Fulton’s in- A threa-room cottage oa Harria streit wn sold ri d *o iZ r •iu. nceof hi* f».!. r Sid died ia a few the pay in nt of my dents or for tj»e better they have already received the valu - of one vention was almost unknown out of Ameri- for 91,000. b ur#4f:*r;ueM>iat;p- ' management ut my estate. * ' thousand doliuis iu specie from said estate ca, and Stephemon had not yet married steam So azent willbe permitted to *-11 t ck-t* far the manacer* after the *5:h ot Novcxber, which make* tbe time very abort fer tte mpp'y.of Uuee who may want rickets. Tb# Concert ard Drawing Uby anlhorl'y of a *pe dal Act of Leg alatnre of Eentnckr, to that all i a bea fit* may be. as now, absolutely and forever free to every dtinea of every State. There are one thous and Gift* in all, the largest bring $100,000 asd the smallest $100. ...... ___ 8»’n» i _ .... _ Do-i^a-Till*—F 3t Freeman, Republican; J G Jltr- , wall. Democrat. From the New York World] Paths, October 7.—A newspaper corres pondent cannot venture to appeal to hia readers’ memory and asaume thinga to be re membered hecanae they have more than once been told. Newspaper* are printed on water. 00 not, therefore, accuse me of repeating the thrice-told tale when yon discover the subject of this letter. Years ago, lit least a half a century, there waa bom—some say in Odessa, others in Moscow, these in St. Peters burg, those in Nijnii Novgorod, somewhere in Russia—a girl whose lot seemed irrevoca bly cait in one of the lowest conditions of life. Her parents were, at the highest, peas ants;' rumors allege they were serfs and peas ants. This is known: that her state waa so bu able she gladly accepted a journeyman tailor for her husband. What low knavea have possessed the first beatings of the heart, the first amorous kisses, tbe first loving em braces of the world’s celebrated women! 1 tank and wealth have had but their leavings! It is humiliating, bat it is true. What sound morality is taught by the trnlch! If rank and wealth would possess tbe firstlings of their peers, love hallow'd by marriage endows them with the desired treasures. Tis only when they stoop to illicit |>ratification that tiiev are obliged to content themselves with tailors’, or yokels’, or menials’ leavings. This Russian peasant girl bad under her sordid clothes wonderful gifts. Tbe toad waa a fairly doomed for some misdemeanor to wear repulsive form. She bad not only intellect, of rare power and most enchanting beauty, bat that something else easily felt, yet baffling description, waich allures and keeps lovers till death, or worse than death, rain, leads the lurcr to dismiss tbe lover. A Russian noble man saw tbe tailor’s wife, and be became in- fiamed with passion for her. Tbe tailor had began to cloy of beauty, and maybe its most volatile essence entirely escaped him. The nobleman otf-rred him a large sum of mone r to surrender his wife: The offer was accepted, and tbe tailor’s wife became the nobleman's mistress. He took her to his provincial home and there he enjoyed her, and she delighted herself with all the pleasures of her newita- tion of life, free from care, surrounded with all the luxuries of that wild region and with attentive, docile servants. The nobleman engaged governesses fer her education, and when Russian pro vincial life began to pall on her, she began Elizili Robson vs. Phebe Lcndmm. Applies- to yearn for that Western life of which her ti»n for homestead, from Baldwin. books and governesses were so full. As she McCAY, J. had always made her will triumph, she per il, iu an application for homestead and suaded the nobleman to visit Western Europe, exemption under the Act of 1808, objections They came by way of Asia Minor, Turkey, be filed to tbe plat and valuation of the real the Danubian provinces, Austria, Hungary. ... , ty, and the matter is poepooed by the Court They spent some years in Germany. She ciotkT.—Prom the Telegraph kept together under th • ui inagement and | to a future day, itjs not too late, on tte sr- had everywhere the best masters She saw atyr T.i tdote Ttottlsg*! fon*r-»l of ing truths T Count the year’s suicides before von answer. The Russisn nobleman certain- ly had not reached the frontier before she had bewitched ono of the celebrated artists of that day. They visited England and France, and reaped a golden harvest in every field, all ot which she garnered. The artist dis covered at last that the concerts lie gave the K rer he got, and left her in the larch in don, if the mistress of so many guineas might be said to be in the larch. She came to Paris, and on tho way fascinated a Portu guese nobleman. Count dc Paiva Araujo, the master of a splendid estate, and just twenty- one years old. Sho was at least ten years his senior. Possession ot this wonderful woman does not extinguish but rather sti'.l further inflames desirct - “Increase of nppetite grows with what it feeds on.” Count do Paiva Araujo was not satisfied with giving her his estate, nothing would do but fie must give her ids name and title. His family tried to curb his wild wishes; diplomacy and the law exhausted their ingenuity to - save this young man from this woman. She baffled all the eflort* ot legations and law courts. They were married and he floated in bliss—while his money lasted, or rather while she was transfering his estate to betsdf. This done, she quitted him, carrying off not only all his wealth, but something else which she found quite valuable—his name and title. Hitherto she had been an anonymous char- acter; henceforward she had a title and an ancient name, both of which were lawfully hers. She had not, however, attained her great object -of life, which waa to grow enormously wealthy So ste set about giving her husband a successor. She waa in a lucky vein, for the tenant of her heart was a man with a large income as music teacher, concert giver, and manufacturer of pianos—M. Henri Hera. He was otherwise rich too, he had a-nasaed $100,000 or may be $200,000. M. Hera went crazy with Infatuation for her, and continued demented until all his capital had gone and he had fallen an far be- hind all his engagements that there was serious peril of his creditors seizing his tiano manufactory. Finding the bottom of M. Hera’s purse, rite quitted him. lie went to the United States to recoup his lasaee. At this juncture she met a German possessing one of those great estates which resist even such a termite as this woman. This Ger man waa Count Henckd von Donncramarck. She could not have been ires than forty-three years old when they first met She fired his senses with desires as hot as she had ever kindled, and made him—all cold, world-bat tered. haughty, selfish man as he is—as com* pletcly her own as the Portugese pigeon she had planted so dean. The German was not only lavish of his money on her, but she turned his social relations to most profitable account Tho empire bad given an immense impetus to specula tions of all kinds. Shares of the Credit Mobilier issued at 500 francs were worth 1,500 francs and 1,800 francs. Mires, Millsnd, the brothers Perdre, Cnsin Legendre, and ail the other wild speculators of that day were making tens of thousands believe they trans muted paper into gold. A shrewd man with capital and social relations had bat to stoop to pick ap a fortune. Two auch coot, dear, unscrupulous heads at lime de Paiva and her lover made money upon money. She was worth before the war more than $2,000,- 000, and she has made an immense dead of money since. She owns the historical Cha teau do Pontchatraiu. She hat these posses sions well stocked with pheasants and par- tridgea.0t is said she don't like to see them killed, a first-rate shot, and a sportsman who kills a hen pheasant are sore never to receive a second invitation.) Guards, regular ly relieved, patrol the estate night and day. A vehicle comes in every morning bringing to her vegetables and fruit from her garden, orchard, forcing-house, and vinety; for she has all of these m the highest state of excellence. The best English gardener tend them, and her stablemen are of tbe same na tion. Dutchmen manage her dairy, and Dutchwomen her laundry. Her cooks ara French, her confectioners are from Vienna. Her plate-rooms contains $60,000 worth ot silver. Her iron safe oon tains $500,000 worth of jewels, and $100,000 in bank-notes, which the always keeps by her to meet an emergen cy beyond the usual coarse of tinman events. One of her diamonds is worth $60,000. Her honse on tho Avcnne dcs Champs Elysees is said to be the costliest hou.e in Paris. Tho stairs ore the purest Carrara marble, with bronze banisters expressly designed for her, and whose moulds were broken after they were made. The mantels and doors of tbo drawing-room are malachite. Tho paintei t whodecorated her drawing-room,diiiiitg-room and library are said to have received above SO.OOO for each Yoom. There is no house in ’arts like it When war was declared she quitted Paris and took np her abode in Lon- on. Count Henokel von Donnrrsmarck re tailed to the Prussian headquarters and msde timself particularly useful by his knowledge of Franco and of French. He was an old and intimate friend of Count von Bismarck. When the French were driven out of Alsace and Lorraine, Count nenckel von Donners- marck was made its military governor, and made himself oo obnoxious to the inhabi tants (probably an inevitable sequence of the environing circumstances.) that many threats of personal chastisement^ if he ever again showed his face in Paris, were made. It be came desirable for him in his now position to keep a hospitable house. Maybe, too, lima de Paiva threatened to join him and to re-assume her old position (you know how frantic women, and especially women of this class, are when they consider their “rights” imperilled,) or to raise a scandal which might ring throughout Europe. Or tethaps the tyrant custom or her arts in giv ng her lord an infinite variety of pleasures had made her all the more necessary to him, as they had long been separated. At all events before setting out to assume the mili tary governorship of the conquered provin ces, Mme. de Paiva was man led to Count Henckel von Donncramarck—the third time she had stood at the bridal al'ar, and all three of her husbands are alive. Tbo war ended, the Commune quelled; spring, summer, au tumn gone. Count and Countess Henckel von Donneramarck retimed to Paris and were seen in the Bots de Boulogne and at the Ital ian Opera. Their friends at ooee began to flock around them. In Paris people embrace their mother’s assassin if he serve to them plenty of truffles and toed champagne. Mine, de Paiva’s cook, larder, and cellar have al ways been famous, and she has been able to pick her guests; there were more candidates than elect. Women who had something more than an appetite to lose kept aloof from her. She judiciously disdained women celebrated by gallantries alone, however great was their vogue. She refused to allow Mme. Doche and her sister, Fanny Ccrritto, Mile. Page, and Mile. Ozy to be presented to her: bat ste admitted Mile. Doze (Mme. Roger de Beau- vols) and M’le. Rachel to’.her drawing-room. People familiar with Paris will discover from these examples where she drew the line of distinction between women tabooed by so ciety. It is a little too delicate for words. Thu tact and her excellent dinners kept Mme. de Paiva’s dt awing room sensibly above the most brilliant saloons of the world of gallantry; nevertheless she never rose out of the by world. Countess Henckel von Donneramarck though she be, society is closed against her; and there are even few men in Paris who would venture into her box at the Italian opera. Count de Paiva Aranjo disappeared from Paris years ago. There was a remnant of hia estate which he conld not waste, and on it he lived in some cheap,obsenrc Italian town. War is a great dis turber, tnd its influence is widely felt Tbe war ended Count de Paiva Aranjo made his appearance in Paris Years had paacd away since he last was seen: many of his old com rades were in their coffins; moreover, Lethe flows eternally in Paris, distributing oblivion of men and of things. She must have 'been him, but there are too many skeletons in her honse for the return of one more to fright her eyes. Suddenly be recalled his presence.lu re and his story to tho town by an attempt to com mil suicide. He loaded a pistol and placed its muzzle on his breast, determined to put tbe ball through his heart and so tnd life at one blow. HU hand, however, grew unsteady in face of death, and the hall swerved, avoiding the vital organa and burying itself in hia liver. Finding death refuse to accept his challenge, he went to the floor above his lodgings and requested his neighbor to tend for a priest and physician. As b.s position seemed hopeless the last sacraments wen- ad ministered. HU conSition was more >Lan critical for several days, but at last a favora ble turn took place and be is now considered out of danger. He had placed on the table of tbe room where he had attempted to com mit suicide hU will, of which ihtsc fragments have been published: Paris, October 1,1872,114 Rue Meuvedes Marhnrins.—I beg him who may find thia •heet to burn all my papers snd to have my corpse thrown into potter's-field. I beg for giveness of all these to whom my death may mwA trnnWp. nr tours, hut * * * give trouble or tears, but A. De Paiva Auacjo. Bury me with the ring I have ou my little finger. What was the motive of thU desperate deed T Had he seen her for whom he had made so many sacrifices, seen her another’s and been maddened to think she could never .gain be his? Or had another woman be trayed him? His will reveals bis secret, but the most important part has not been pub lished. ’ ’

Georgia Historic Newspapers

The Weekly constitution. (Atlanta, Ga.) 1868-1878, November 05, 1872, Image 1