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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. ’ ’