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ATLANTA, TUESDAY, APR.L 8.
WEEKLY CONSTITUTION.
VOLUME V.l
ATLANTA, GEORGIA, TUESDAY. APRIL 8, 1873.
INUMBER 51
tsr The fact that General Goidon, of
Georgia, a Confederate officer m the late war,
waa invited by Vice President Wilton to
temporarily occupy tbc Vice';.President's
chair In the Unit'd States Senate the other
day, waa mentioned by several newspapers
aa a significant evidence of the bridging of
the “bloody chasm." But the Knoxville
Chronicle rises to remark that thia is not the
dm instance of the kind—that General Ran
som, of North Carolina, a Major-General in
the Confederate army, bad repeatedly been
called to preside over the Senate for more
than a year by Vice President Colfax.
Clover on Georgia Uplands.
The note of Mr. P. C. Morton, of Lexing
ton, in yesterday morninga’s Constitution.
is entitled to more attention than its modest
brevity may command. The growing of
clover is a very important matter in good ag
riculture It is an accepted theory in all
Stales, that land, which will produce clover,
can always be made to enrich itself. A cr p
of clover turned under is a wonderful fer
tilizing agent.
Mr. Morton’s letter ehowa that our clay
aolla will produce clover in spite of a Geor
gia ann. He givea the result of twenty dif
ferent experiments in his neighborhood—
enough, surety, to convince our farmers that
they can raise clover; and then the road to
its use aaa fertilizer ii a short one.
Resowed bis Virginia clover seed in late
September, using stable manure. About two
weeks ago he commenced cutting a fine
growth of it for hia saddle horse, and a week
ago he cut a specimen two feel high, that lays
upon oat table. At about the same time he
sowed plaster upon the land, at the rate of
five pecks to the acre. By the middle of this
month he expects a handsome return from
hia crop in the way of daily use. The next
crop trill be permitted to mature, so that he
need not have to pay $10 a ton for Northern
hay. The third crop, turned under in Sep
tember, will bring him a fine crop of wheat
see, Pilatkaand Enterprise,Florida; Charles
ton and Beaufort, South Carolina; Mobile,
Jefferson and Centre, Alabama; Wilming
ton, Raleigb, Newbern, Beaufort and Mar-
freesboro, North Carolina; Columbus and
Steubenville, Ohio, and other..
We presume, of course, that the Mayora
of Macon, Columbus, Augusta, Rome, Mil-
ledgeville, Athena, Savannah, Brunswick
and other Georgia cities will be invited.
It will be the moet important and Impres
sive occasion of the day. It will give a
grand impetus to the enterprise.
Weahell have more to say of the occasion
hereafter.
We call the attention of practical agricul
turalists io Middle and North Georgia to this
important subject A crop of clover is con
sidered a great blessing in other sections—
why may it not be turned to profitable ac
count on our lauds? It certainly will grow,
and that, too, proliflcally.
The Atlantic and Great Western
Cnnnl and the Convention at Gov.
ernere Called by Governor Rmlih-
Governor Smith, w ith that appreciation of
Georgia’s solid interests that has marked his
whole administration, baa, as we have here
tofore stated, called a convention of Govern
ors and leading citizens of the Southern and
Western States to meet in Atlanta on the
20th day of May to consider and forward
that great enterprise, the Atlantic and
Great Western Canal.
The following is the letter of invitation
addressed by Governor Smith to these gen-
Executive Department, )
State op Georgia, 1
Atlanta, Oa., March 31,1873. )
■Sr—I bad the honor in November last of
calling the attention of the Governors of
many of the States to the importance cf the
Atlantic and Great Western Canal. By this
work it is proposed to connect the Tennessee
river, and through that river
the entire system of inland navigation
of the West wilh the Atlantic ocean at Sa
vannah and Il'unawick, Georgia. I then in
vited the Govt-rnora of many of tbc Western
States to mec. at Atl mta for the purpose of
considering and discarsing the steps to be
taken for the accomplishment of this grand
enterprise. Owing to unforeseen circnm-
t’ancea, however, that meeting was unavoid
ably postponed. Since then, the interest felt
In Congress and among the people generally
in incteaatng the means of cheap and easy
communication by water, between the great
producing and consuming sections of tbc
country has deepened and widened.
In my judgment the time has come for a
meeting, such aa the one mentioned, in.order
that the advantages of Urn proposed enter
prise msy be more thoroughly discussed snd
understood, snd some definite plan of action
for Its accomplishment matured. My object
in addressing you Ibis communication is to
earnestly and cordially invite you to unite in
a convention of the Governors of the South
ern, Western and Northwestern States, to be
held for the purpose mentioned at Ailints
Georgia, on the 20th day of May next.
Aa the proposed csnal wiil run in most of
its length through this State, it would seem
proper for me, as the Executive thereof, to
take the initiative in this matter. The ad
vantages to result from the enterprise under
consideration are so obvious, that a mere
reference to them here is deemed all that is
necessary. It is, in fact, tbc only line of wa
ter rommnnication between the Atlantic sea
board and ibe West which can be construct
ed at reasonable cost, and which would he
uuobetrncted at ail seasons of the year. The
beat means for securing cheap transportation
t> meet the rapidly developing resources of
the country, is the question which should en
gage the thoughtful attention of statesmen.
It is moreover my earnest desire that citi
zens of other States, occupying official posi
tions, should visit our State, examine for
themselves the facilities that can be afforded
for thia great avenue of trade, and at the
same time, eojoy the hospitalities of our peo
ple. Such a visit would, in my opinion, con
duce in no small degree to a complete restora
tion of harmony and good feeling between
all sections of our common country.
If it should not suit your convenience to
be present, in person, at tbc convention men
tioned, may I ask that your Eicellency wiil
do us tbe honor to scud such a delegation
thereto as will represent your own wishes
and the interests of your State.
I enclose herewith a copy of the report
submitted to Congress by the Committee on
Commerce, to which I respectfully invite
your earnest attention.
Hoping to reci ire an early and favorable
response to thia communication, I am,
Your Excellency’s obedient servant,
James M. Smith,
Governorof Georgia.
We have already published the report of
tbe Congressional Committee referred to.
Governor Smith’s letter is admirable in
alyls, matter, and tone. I. is addressed to
Governors C C. Washburn, eif Wisconsin
Robert W. Faroes, e>f Nebraska; Cyrus C.
Carpenter, of !<>aa. Kicharc J. Oglesby, of
Illinois; Elisha Baxter, of Aile.u-.iTe, Hor
ace Au-iin, of Minnesota; John I. Pay ley,
of Michigan; Silas Woodson, of Missouri;
Preston W. Leslie, of Kentucky; Todd K.
Caldwell,of No tb Carolina; John J. Jacobs,
of West Virginia; E. F. Noyes, of Ohio;
Thomas A. Hendricks, of Indiana; L R.
Bradley, of Nevada; David P. Lewie, of
Alabama; John C. Brown, of Tennessee
Franklin J. Moses, Jr, of South Carolina;
Ossian Hart, of Florida; E. J. Davis, of
Texas; Thomas A. Osborn,of Kansas; J d n
A. DiX, of New York; H. D Cooke, < f the
Te-rritorj of Columbia.
In addi*i in to these invitations, were also
sent to tbe Mayors of Paducah, Covington,
8teven»p->rt, Header--ui, Frankfort, Mays-
ville, and Louisville, Kentucky; Memphis,
Chattanooga. Nashville. Knoxville and Per-
ryviiie. Tennessee; Montgomery, Decs ur,
Huntsville, Gadsden an-: Huntersville, Ala
bama; Evanavil.r, Indiana-, Omaha, Ne
braska; St-Lonit, Sl Josephs, St. Charles,
J)deis m City, and Hannibal, Missouri
FI reoce, Tuscaloosa, Selma and Tuscumbia
Kansas City, Guyandolte, Mt.
nt, Parkersburg and Wheeling, West
Hrszil Cotton Crop.—-Late advices
from Brazil report that the cotton crop in
that country has suffered serious injury, and
that the deficiency will be much larger than
has been anticipated. The shipments are
already almost at an end, and but trifles are
still expected from the interior.
Tbe Less of tbe Atlantic.
The loss of the Atlantic, aa faithfully and
graphically depicted by the Associated Press
in our telegraphic columns, will constitute
one of the memorable calamities of the age.
It is horrible beyond words, and gain added
terrors from the uuskillfulncss of its occur
ence as an exhibition of naval science.
That a great ship thus heavily freighted
with human beings should be piloted right
upon a dangerous shore to destruction with
out storm, or other overmastering necessity,
and tbia under simple purpose of seeking a
coaling station well known, indicates, in our
view, a want of proper attention to the
plainest requirements of nsval duty, criminal
beyond measure.
The awful record of the result is deepened
by the strange and exceptional feature that
not a woman or child oat of 353 escaped.
Well might the appalled Captain exclaim
that this was terrible.
The thought darkens the disaster if possi.
ble.
To Be or not To Be.
Let us have peace, and prosperity by en
gaging in manufactures. The City Council
has done tbc fair thing; and the men who
would not put their money into manufactur
ing enterprises, because municipal taxes are or
might be exorbitant, have got to lend a help
ing hand or invent a new exetse. By an or
dinance legally and duly adopted, all cotton,
wool and iron manufacturing estab-
liahments are exempt from city taxes for
fifteen Iongycars. Tbccapilal invested In the
building and machinery, including the active
capital employed in carrying them on, and
also the products of manufacture are scot-
free hereafter so fur as our city affairs are
concerned. Here is a splendid chance for
the tax grumblers to place their money
■’ where it will do the most good."
Nrarly everybody believes that it pays
better in the long run to manufacture articles
need d for consumption at borne thaD else
where; that it is more profitable to us as a
people to pay one another for a case of boots
or shoes or a set of furniture than it is to
pay some far away New Eng
land concern for them, and be tolled at
every step by commission or transportation
agents; tbst it is pleasanter to have tbe puff
and splutter and whizz of iodustry in our
own city, than to read about it in some dis
tant unfriendly locality. But lest there may
be a stray schoolboy or so who does not un
derstand the manifold profitableness of home
manufactures, we present a few figures from
the United States Census relative to manu
factures in Massachusetts:
Value of proiucte $553 011,56)
Materials $KM,4 , 3,UH
Wages 118,051,630
THE NEW U.S. SENATORS.
Wlio and What they Ate—Sketches
of tbc Fresh Statesmen.
. 453,465.868
From the Sew York Herald J
The special session of the Senate afforded
an early opportnnity of becoming acquainted
with the newly-elected members of that body.
The sew Benators in the main are not men
hitherto known to fame; The greater part
of them have the political world yet before
them. The notable exceptions are Bomwell
and Oglesby. These will, before tbe next
session is over, have made a position in the
Senate that may dislodge some of the present
leaden.
VICE PRESIDENT WILSON
was very nervous at first in the discharge of
his duties as President of the Senate. He
was rather diffident in assuming the position,
but time is improving him. He lacks force
and rapidity of decision; but as the Senate is
a ponderous, slow moving body, it will be
easy for him to preside over its deliberations.
Were the pious Henry placed in Speaker
Blaine’s position in tbe noisy, tnrbnlent
House, its reanirements would hasten him to
an untimely grave.
EX-SECRETARY BOUTWELL,
the most notable addition to the Senate,
moves about the Chamber in his usnal quiet,
unassuming manner. The transformation
from the arduous labors of the chief of the
Treasury to the comparatively easy Senato
rial life is a great relief to him. His desk is
oo the extreme left, rather out of the way of
the casual observer. There he sits, cold and
calm, keenly observant of the debate, or else
noiselessly pacing to and fro between his
desk and the hat room. He is one of the
(tame) lions of the Senate, and is quite as
often made the objective point of glasses in
the gallery as any other of the prominent
men on the floor.
EFENCEB, OP ALABAMA,
was one of the outgoing Senators last term.
His State, or rather one faction of it, sent
him back here. He is a fleshy, youthfnl look
ing man of the rowdy type, and is called by
the lobbyists “a jolly good fellow.” He has
been sworn in is a Senator, but his seat will
be contested, and afford a fine opportunity
for the Committee on Elections to tangle
itself np into a knotty heap for the pleasure
of the Senate, which will probable disen
tangle the complicated subject through some
ponderous debate in the future.
EENATt B DORSET, OF ARKANSAS.
Rice, of Arkansas, the State where tbe
festive Bowie knife and navy revolver yet
grow in wild profnssion, is succeeded by S.
W. Dorsey, a quiet, large built man of a not
very pronounced intellectual type. He is of
the black thunder-clond style, and looks very
aggressive in a closely-buttoned double-
breasted coat
SARGENT, OP CALIFORNIA.
mrrary, and i> Maryland were only Kansas
this ungainly Senna might yet sing in the
Senate before he dies; but as it is his chances
are very small.
B OY, CF MISSOURI.
General Bliir, the veteran wire puller,
w uld doubtless have regained his seat in the
Senate if he had not been a sufferer; but a
St. Louis ring beat him, and Louis Vital Bogy,
hitherto unknown to fame, was sent up to the
present headquarters cf obscure men—the
United States Senate. The taint of bribery
was wholly disinfected from his clothing by
the recent action of the Senate. Bogy is a
good-sized, rather fleshy man, of forty-five
or fifty years of age. His face is an ordinary
one, well colored and set off by two gray bits
of whiskers. His countenance is that of a
well-to-do English farmer. He is a good
speaker, and has, it is said, the assurance of a
dozen ordinary men.
JONES, OF NEVADA.
'Jim Nye,” the light comedian snd the hero
of a thousand stories, gives way for one
Jones. “Who the devil is Jones?" every one
had been asking for some time. But Jones
soon made himself immortal by the candor
with which he advocated—what many Sena
tors believe in, but don’t say so—that it is
right and proper to usa money in an election.
No longer does the cry go up, “Who is
June; ?” for the ready answerjis now, “Why,
Jones is the man who used money to carry
his election and openly boast3 of it as a high
privilege of capitalists.” Jones is a good
looking, portly old gentleman, and look!
quite at home already in his Senatorial seat,
which he has recently purchased. He says
it is a perfect fit, and does not seem to have
grudged the cost at all.
WADLEIGH, OF NEW HAMPSHIRE.
Poor Patterson has been turned ont of
house and home in a political sense. He is
still tarrying in Washington. Any fine day
he may be seen on tbe avenue, with his hands
clasned wearily behind him, looking deject
edly straight ahead, as if to avoid the notice
of every one. Bainbridgc Wndleigh is Ihe
name of the patriot who rushed to the breach
to stand by his native New Hampshire in
the Senate when Patterson fell. He is a
portly, jovial looking man. He seems ner
vous, active, and doubtless make Patterson's
loss good to his suffering country.
MERRIMON, OF NORTH CAROLINA,
is one of the new members who promises
well He is said to be a good speaker, and
reasonably honest in hi9 intentions.
MITCHELL, OF OREGON,
who displaces Corbett, is a tall, slim, bold
looking man. His face is a -pleasant one,
well set off by a flowing brown beard. Pat
terson, of South Carolina, who succeeds
Sawyer, is s black sheep of the Spencer
type.
Net profit $101,416,700
This net profit was realized on $231,077,862
of Invested capital, and was equivalent to an
average interest of a fraction more than 43)
per cent. And there was no exemption from
local taxation 1 We presume that every one
of our readers contributes more or less to
wards the vast Massachusetts aggregate-a
sum far larger than the value of onr cotton
bales.
Will you continue to do so ? Do you not
sec in plain, b dd letters tbe secret of Massa
chusetts' wealth and power, and of our pov
erty? The total wages for the year, $118,-
051,808, were divided among 279,380 opera
tives snd laborers. Awake, oh slumbering
city, to thy uncqualed opportunities.
As a commentary on what goes before, we
append some results gathered from a table
complied by the Journal of Commerce, from
the same census reports, showing the manu
facturing indnstries in each State producing
over $1,000,000 worth cf any one description
of manufactured merchandise:
In no less than twenty-four of tbe States
flonriDg and gristmill products form the lead
ing manufactured staple, showing an annual
value ranging from $1,516,150 in Nebraska
to $607237,220 in New York, which gives the
largest return of any of the States. In Illi
nois the flouring and gristmill products are
set at $43,876,775; ic Ohio at $ 11,692.210; in
Indiana at $75,371,333, and in Missouri at
$31,873,351. The returns for New Yorkshow
that next to tbc gristmill product the largest
branch of manufacture is that of man’s
clothing, amounting to $44,718,491; after
which come in the order of their importance
refined sugar $43,837,184; tanned leather,ex
clusive of morocco, dressed skins, and carried
leather, $26,988,420; and boots and shoes to
tbc valueof $72,679,874. The heaviest man
ufacture in Massachusetts is not cotton goods,
as most pcisons probably suppose, but boots
and shoes, which arc annually turned out
there to the value of $88,399,583. The
product of cotton goods in Massachusetts
amounts to $50,267,580, and of woolen
good- $39,499,203. The only States in which
ibe muiuiacture of cotton goods forms the
leading manufacturing industiy arc Maine,
New Hampshire and Rhode Island, and
tbeit products are respectively; Maine, $11,-
739,731a New Hampshire, $16,999,072; and
Rhode Island, $32,072,203. In Pennsylvania
the iron interest of "bourse predominates
over all others. Iis product in pig, bloom,
forged snd roiled iron, together with iron
bolts, nnts, washers, rivets, naiis, spikes,
pipe and castings is set down at the
torn of $128,701,907, in addition to which
machinery and boilers to the value of $29,-
253,153 arc manufactured, besides nearly $7,-
000,000 worth of steel. Connecticut’s leading
manufacture is that of woolen goods, amount
ing to $17,363,148. Sawed lumber is the prin
cipal manufactured product of Michigan,
Mississippi, Florida, and Washington Terri
tory, the figures for tbc first named State
being set at $31,946,396, the other two Slates
and Washington Territory retnrning less
than $3,000,000 earh. But Maine's product
of saved lumber nearly equals in valne its
cotton goods, amounting to $11,391,747 an
nually. In Louisiana molasses and sugar
form the staple manufacture, tbe production
amounting to $10,341,858. Milled quartz
to tbc vaine of $'2,119,719 heads the
list of manufactured products in Nevada,
and M ary land's leading manufacture is that
if r< fined sugar amounting to $7,007,851
yeulr. Wert Virginia tnms out forged and
lolled iron, nails, and spikes to the value of
$8,690,820 every year. These are the leading
manufacturing industries of the severe)
Slates, though other branches of manufac
ture not here ennmeralt-d amount in some
instances to far greater sums in the aggregate
than tbe single ones we have specified.
A Late and Lame Defense.
The armost universal denunciation of what
is known as the “ salary s'eal ” by the people
of tbe country of all shades of political
opinion, is producing its results; The Wash
ington crortspondent of the Cincinnati Ga
zette says, March 39:
*• Several members who did not Tote on the
salary bill have written to Ihe officers of the
House, trying to induce tbe latter to believe
they fsiled to record the Tote accurately,and
that they were really present and voted no.
A fact which stands in the way of accepting
inch explanations is that after tbe names we e
DECISIONS
SUPREME COURT OF GEORGIA.
Delivered at Atlanta, March 31,1873.
not have any more property than was exempt
from levy and sale, hot that Snllivan was en
tirely solvent The main question in the case
was whether the fad of Donnelly’s leaving
his due bill with the plaintiff and the same
remtining in bis possession under titc circum
stances as shown by the evidence, was a pay
ment of the balance of the $240.00 which the
plaintiff agreed to take in satisfaction of the
judgment The Court charged the jury that
the only question made by the affidavit of ille
gality was whether ornot the fi. had fa. been
paid off or settled, bat did not submit to the
jury as to whether the security was dis
charged other than by the payment or settle
ment of the judgment and this is assigned as
error. The defendant's counsel requested the
Court to charge the Ivy that if the plaintiff
at any time after making the note, or due bill
accepted it as payment, tbe judgment was
satisfied,” which request the Court refused,
and this ii assigrtsd 83 error. There
was no error in the charge
of the Court to the jury in view
of the facts of this case. There was a propo
sition made by the principal debtor in the
judgment to pay less than ODe-half of it in
satisfaction thereof, to which proposition the
plaintiff assented, provided lie would do so
within 30 days; this proposition by the prin
cipal debtor in the judgment and the assent
of the plaintiff thereto, without more, did
not injure the surety or increase his risk, or
expose him to any greater liability. There
was no agreement not to enforce the judg
ment against the principal for a considera
tion, or to indulge him a: all, bnt the proposi
tion which was assented to by the plaintiff
was, if you the principal defendant, will pay
$240,000, less than one half of the judgment,
mraftiin tLlvtw T —iU ft 1_ T..1I
had said to him, next time he wonld kill the
two-legged dog.
That in the winter or spring before the
killing, one Harvey had heard'prfaoner say
he intended to pnt Hardeman ont of the way
with “these or something longer," putting
his hand where he usually wore his pistols.
That at tbe May term of Newton Superior
very noisy debater, and as obstinate and un
scrupulous in the handling of parliamentary
technics ft carry his ends as the worst enemy
of honest legislation coaid desire. In tbe
House he was always dressed in a shabby
suit of steel gray, which harmonized well
with hia hair and whiskers. Since be has be
come Senator, however, he has discarded the
shabby gray and Is quite transformed by his
neat black suit. He no longer looks like
some overland stage driver, bnt more like an
energetic “drummer" who has amassed a
competency. He fa said by those who do
not love him to be a child of the Central
Pacific Railroad. Sargent wonld nndonbtedly
deny Ibis, but as every child fa not supposed
to know its own father, hfa opponent wonld
take no heed of bis denial.
Fannr, of ojnnecticht,
the mild.rctired-gTocer-looking Senator, with
the qniet, diffident air, as if he longed to be
back to the scales and scoop, fa again return
ed. Ferry fa, however, a man of undoubt
ed ability, and much more formidable than
be looks.
CONOTXR, OF FLORIDA.
Florida, instead of sending back tbe insig
nificant Osborn, varied the programme by
selecting the insignificant F. B. Conover.
Conover and Dorsey, of Arkansas, sit near
together upon tbe extreme left, and impress
the disinterested spectator with the idea that
they will do nothing of a very startling na
ture before their terms expire.
GORDON, OF GEORGIA.
Hill, of Georgia, one of the Southern Re
publicans, fa not returned this time. In his
place comes Gordon, an ex-officer of the staff
of General Robert £. Lee. Gordon fa ■
blonde, nervous-looking man, jnst above the
medium height He has the air of a dashing
cavalry officer even yet, andnodonbt, will
he seen in the charge on the enemy's works
during the coming session.
OGLESBY, OF ILLINOIS.
Trumbull, the astute lawyer and politician,
who dog his own (liberal) grave, gives way
for ex-Governor Oglesby. Oglesby is a
smooth-faced, gray-haired old man, always
ready at repartee, who has the reputation of
being one of the best stomp orators in the
West. He has not yet had an opportnnity in
the Senate to show “the staff whereof he is
made,” bnt tells a good story in a very enter
taining way and can command attention
whenever he chooses to speak. He fa not so
profound a man as Trumbull, bnt in many
ways will much belter represent the Empire
State of the West
ALLISON (C. M.,) CF IOWA.
The Reverend Harlan, of unenviable $10,-
00) fame, has a successor in ex-Congressman
Allison, who was accused of having a finger
in the Credit Mobilier pie. Allison has ex
plained all that, however, and has since been
aken upon trust. He fa not over forty in ap
pearance, and has a fnll face, flushed in deep
red color, and set off by a flowing brown
beard. He fa reported to bs very wealthy.
INGALLS, OF KANSAS.
The fat, bald-headed Pomeroy, who was
made to feel that the ways of the trans
gressor are hard, fa followed by a gentleman
his veiy opposite in point of personal ap
pearance. Ingalls fa a tall, slim man, who
does not look to be over forty years of age.
His face fa of the keen, Yankee type, and has
a very shrewd expression. A light black
mustache and a delicate, wiry goalee adorn
the lower part of hfa countenance. Huge
glasses, set np at a close focus to bis keen
eyes, add to the oddity of hfa face.
M'CREEBY, OF KENTUCKY,
who succeeds Machen, fa a queer-looking
man. He is very sallow, and his figure is
large and fle3by. His face fa that of a man
of ability, who has a lore of ease which
would prevent him from making any great
exertions. Hfa smooth countenance fa ex
pressive of benevolence; His head fa bald
on the top, and so thick and black fa the hair
that grows around the edge of tbe gleaming
white patch of skull that it looks like a blot k
velvet fling'. Indeed yon can’t avoid imag
ining at times tbat McCreery had, at some
unfortunate peri >d of his life, lost all his hair
and tried to patch up the deficiency with
black velvet, bnt, the supply falling short,
the crown waa left bare.
DENNIS, OF MARYLAND.
Poor Vickers, of Maryland, will not be in
the Senate any more. He was one of those
proey old men who seemed to encroach upon
eternity, for whenever he got the floor with
hblegs firmly planted, a hnge pile of manu
script on hfa desk, hfa spectacles well down
on his nose, a glass of water in hfa right
hand, a red and yellow bandanna in hfa left,
and an antiring expression on hfa placid
countenance, tbe Chamber would become
deserted and irreverent correspondents wonld
Jones, Drumrjght & Co., vs. H. C. Thacher
& Co., ct aL Injunction, from Spalding.
WARNER, O. J.
This was a bill filed Jty the complainants
against the defendants, praying for an injunc
tion tn restrain the collection of a fl fa issued
from the District Court of tbe United States
for the Northern District of Georgia, out of
certain described funds in tbe hands of the
sheriff of Spalding county, arising from the
sale of the properly of one Sindall, the de
fendant in said fi'a. The Judge refused the
injunction prayed for, and the complainants
excepted. The main ground of equity al
leged in the bill fa, that upon the information
and belief of the complainants, the judgment
obtained in the United States District Court,
on which Ihe fi fa issued, was obtained by
collusion and fraud between Thacher & Co.
and SiDdall, the plaintiffs and defendant
therein, that Sindall did not in fact owe the
plaintiffs the debt for which the judgment
was rendered There are two affidavits in
the record in rel it ion to that matter, one made
by Sindall the defendant, and tbe other made
by one of the plaintiffs in the fl fa The
legal presumption is in favor of tbe
fairness and legality of the judg
ment and execution issued thereon
The complainants attach 0 upon their infor
mation and belief only, and npon the ques
tionable statement of Sindall, tbc defendant
in that judgment The affidavit of Thacher
one nf the plaintiffs in the judgment, states
positively that the debt for which it was
rendered was due the firm of Thacher & Co.
by the defendant, Sindall. On this evidence
the presiding Jndge in the Court below re
fused to grant the injunction. Tbe granting,
or refusal to grant, an injunction is vested by
law in the discretion of the Judge of the
Superior Court to whom the application is
made, and being so vested it was manifestly
intended that officer should exercise tbat
discretion on the statement of facts exhibited
to him, and this Court will not interfere with
the exercise of that discretion unless some
well established rale of law, or principle of
equity, has been violated, which is not dis
closed by the record in this case.
Let tbe judgment of the Court below be
affirmed.
Speer & Stewart, for plaintiffs in error.
Lanier & Anderson, for defendants.
this land to his only daughter by hfa second described therein to Zichery, and transferred
marriage and to three children of hfa brother, to him hfa said bond for title; The reason
Court he had been tried and found guilty share and share alike; that this brother wrote why the purchase money had not been pud
and punished for having, in May, 1871, used the deed, and was hfa usual confidential ad- by Horton for the land, the c implement
to, of and in the presence of Hardeman, op- viser, to him he always resorted when in atatea from information and belief, was that
probious words, to wit: yon are a damned trouble; that at the same time he made n Conyers was unwilling to take Confederate
deedof all bis negro property to hfa wife for money for the debt, butcum tlainantbelieved
life, remainder to her daughters, remainder he had protected himw'f if retaining the
to tho children of hfa brother, who was made title in himself to t « land (sold to Hor-
trusteo of hfa latter deed, which he also ton until the pnrr'uae money for the
wrote; that together, these deeds, left him, land bought by hint I torn Horton should be
with barely sufficient means to pay hfa debts, paid. Complainant alleges, that sometime
It was in testimony by the brother, and by about the day of in the year 1860
the grantees in the deed and by the wife, as be received a message from Conyers that he
also by the witnesses to the deed, and by wonld receive from Horton Confederate
same others, that it was made within forty- money in payment of said claim,and that he,
eighthoursafterhisdaughterleft;thathewept complainant, might safely execute a deed
and walked the room as it was being read, * “ ’
Trip
presia
ae, J., having been of counsel, did not
in tbe following case:
H. H. Sullivan vs. H. J. Hugely. Illegality,
d.
from Crawfort
WARNER, C. J.
This case came before the Court below od
an issne formed upon an affidavit of illegal ty
to an execution. On the trial thereof, the
jury found a verdict in favor of the plaintiff
A motion was made for a new trial on the
general grounds specified therein, which was
overruled by the Court, and tbe defendant
excepted. On the 24tb day of August, 1871,
an execution was issued in favor of tbe plain
tiff against Dannelly as principal, and Sulli
van os security for the sum of $359 47, prin
cipal, and $104 30, interest, np to tbe 1st of
September, 1866, when the judgment was
obtained. Tho cxccntion was levied by the
Sheriff on the property of Sullivan, the secu
rity, on the 26th day of April On tbe 29th
day of April thereafter, Sullivan fi'ed an affi
davit of illegality to the execution, because
said execution has been settled, discharged
and folly paid off by Francis Dannelly, and
because deponent was security on said execu
tion, and has been discharged from ail liability
upon the same by reason of said settlement
being made without deponent’s knowledge
or consent. There was no error in tbe ruling
of tbe Court as to tbe affidavit of the payment
of taxes, that question was not made by the
defendant in his affidavit as a ground of ille-
gallity to the execution, and therefore, was
not made an issue in the case to be tried.
There was no error in ruling out theevidence
os to the consideration of the notepriir to
the judgment as to whether it was given in
renewal of another note, or for Confederate
money—the renewal of the note would not be
ma’.erial except as to tbe quest ion of the pay
ment of taxes on the debt, and that question
was not pnt in is ue bv the defendant’s affida
vit of iilegallity. The issue cn trial was
whether the execution was illegal on the
grounds stated in the defendant's affidavit
The entiy on the fl fa that $63 10 had been
paid, dated December 3d, 1870, bnt not signed
by anybody—it appears by reference to the
third ground of the motion for a new trial,
was not tendered in evidence as testimony,
bnt the plaintiff when on the stand at a wit
ness explained it by saying it was tbe same
money as that specified in the receipt, only
that there was a mistake of one dollar in the
amount, there was no error in relation to that
point in the case, ltappearsfrom theevideDcc
F»xW|Uw,iMe tuau uuv itnu ui tuc juugUlCUl,
within thirty days, Iwi>44ake it in full satis
faction of the judgment, and the question
was, whether such payment had in fact been
made, there was no other question in the case.
Had the judgment been s. -isUvd by the pay
ment of the money undid ihe proposed sett
lement of it? The seccttf -round in the af
fidavit of illegality isba*t n on the fact that
there had been such t\ settlement of the
Judgment by the principal debtor,
and hence the whole question
turned upon tbe fact whether the proposed
settlement of t he judgment had been made.
There is no evidence in the record that the
plaintiff,at anytime after the making of the
note or due bill, accepted it as payment,
or agreed to do so, and it would have been
very strange conduct on-.his part under the
facts, if he had done sc> There was no er
ror in the refusal of the Court to charge ds
requested upon this point in the case. Thb
is a very adroit attempl*’to pay off the bal
ance of the $340, with the defendant’s insol
vent note or due bilL IT it had been intend
ed to have been a payment in full, why did
not the receipt taken at the time specify that
the fall amount of the $240 had bcenpaid-
instead.of the $64 10 paid in cash? The
verdict of the juiy was right under the law
and the evidence contained in the record, and
we will not disturb it.
Let the judgment of she Court below be
affirmed.
James S. Pinckard, Hammond & Stone, A.
W. Hammond & Son, for plaintiff in error.
T. B. Cabaniss, represented by Peeples &
Howell, for defendant
Robert Farrow vs. The State. Murder, from
Troup.
McCAY, J
A. being dnrok was in a quarrel with B.,
and during IhfaC., the defendant, came up to
stop the quarrel, and whilM trying to do this
was cut by A. with hfa 'knife, and on his
making this known A. expressed his regret,
and put np his knife, or said he wonld put it
up; but C. drawing and opening his knife,
nulled upon A. striking him several blows
in his breast, having hfa open knife in hfa
hand, whereupon A. clinched him, pushing
him back against a fence, and while he was
thus placed C. cut A. and be soon after died
of the wounds thus received.
It was charged in the indictment that the
pet son killed was a person}* color. Of this,
however, there was no express proof
though it may fairly be inferred.
When the case was submitted the Court
was asked to charge the jury that this charge
was such an allegation as must be proven as
alleged, and that n > presumption that such
was the fact could, outside of the evidence,
be entertained.
This charge the Court rtf .sed.
On the trial the prisoners statement was
offered to be made, but was not made because
the Coutt, on the sngges'ton of the Solicitor
General, declared that if Si .were made and
placid before the July, be'would hold that it
waa such an introduction of testimony as de
prived the prisoner’s^ cduTiel of the right
granted by law to eoncfutfoW arguin'at be
fore the jury when be offered sworn testi
mony.
The Court was asked to charge the jury
that if they believed that durieg a sudden
rencounter with the deceased the defendant
had fled as far as he consistently could by
reason of the fence and other impediments,
and then, under a reasonable fear ofgreat bod
ily harm slew bis assailant, it was justifiable
homicide, which the Court refused to d', but
charged that if, under any circumstances of
retreat or avoidance the defendant was, un
der tbe fear of a reasonable man, that his
assailant was about to perpetrate a felony
upon him, the hillingfiwouid be justifiable
homicide, bnt that under any circumstances
of retreat or avoidanse a reasonable fear of
■.ny Jess bodily hnrt could only reduce the
offence to manslaughter. Tbe jnry found
tbc defendant guilty of voluntary man
slaughter.
A new trial was asked for on the grounds
of error in ’lie Court on the charges, on
bis declaration of the < fleet of the
introduction of defendant’s statement—and
because the verdict was contrary to evidence.
There was also another ground that the de
fendant could now prove by one of those
present at the killing that deceased had, jnst
before the fatal rencannter cursed and abused
defendant, using words going to show that
he intended to take his (defendants) life.
The motion was overruled.
Held, 1st Tbat the verdict was not con
trary to evidence, tbe case Leing under the
evidence one where manslaughter was a very
proper verdict
2d. Whatever may be the law, in a proper
cise,as to how for s man must retreat, to avoid
an assault not a felony, there was nothing to
show that defendant nad retreated at ml], and
for this reason neither the refusal to charge,
as asked, nor the char.e a given, was such
error, if error at all as to justify a new trial.
Ue was not entitled to the charge as asked
for, and the charge as given did him no
barm, but rather good service, it presented a
hypothesis in his favor, based on his retreat
of which there was no evidence.
3d. The introduction of the prisoner 1
statement is not such an introducing of test!
mony as deprives the prisoner of the
conclusion, if he introduces no testi
mony, but we sre of the opinion that the
statement of Ihe Judge to tbe effect that if
it was introduced, be would, when the time
for the argument came, hold the prisoner not
entitled to the cone usion, was not, under
the sta’ute, a decision so as to authorise
bill of exceptions.
4 The allegation that the person killed
was Robert Germany, a person of color, was
sustained by proof that Robert Germany
was th- name of the decea’ed. the words per
son of color, being unnecessary and snr-
plu-aee.
liar and a damned coward; and that as he
was returning home from the trial, he had
said to one Crawford that he had been ad
vised to kill Hardeman, bnt there was a bet
ter way; and, agam, that he never would be
satisfied until he tried him with these—pat
ting hfa hand on hfa pistol.
That in Jane before the kitting he had
threatened to kill deceased in presence of
Mr. Calhoun, and to the same man he had, at
another time, said—speaking of deceased—
“I will shoot hfa darned heart out,” shaking
hfa pistol in bis hand, “I told Tom Osborn so
this morning.’’
That about a month before the killing, on
hearing Ur. Bobo declare that if Hardeman
said to hfafapp what he had heard, he would
kill Hardeman or Hardeman should kill him,
he offered to aid Mr. Bobo ia killing de
ceased.
That about three weeks before the killing,
he had said to Mr. Gregory that he wonld
take a stick and beat deceased till the life
was only ju»t ia him, and that he would
keep his pistol at his head whilst ha was do
ing it
And that on the very day of the killing,
having sbot a dove, as he was reloading hia
gun, lie had said to Mr. Callahan (to whom he
twice at other times on previous occasions — - „ „ v
said he intended to kill Hardeman) that he hernntle. It was in proof that, subsequently, payment of the purchase money for the land,
was loading his gun this time for higher <ho grantor had become reconciled to the and had been duly recorded,
gamedhan he usually shot at. ’daughter of his first wife, had got up the Boch are, substantially, the allegations in
It was further in proof that in tracing the deed, that it had been mutilated, that he had complainant’s bilk If the allegation in the
track of the assassin it was found that he matle another deed giving the land to this bill u to be literally construed, that the mes-
wore a No. 7or Sshoc, and that one of the daughter as had been hfa confirmed purpose sage from Conyers that he wonld take Con-
’ before her marriage; It was also proven that federate money, was received by toe com-
the daughter having lost her husband, she piainant in 1860, then it was before Confed-
had married again, and this time also against erate money was issued, bnt if it was intend-
her father’s will; that he had, after this, ed to mean that it was 1860,1861,1862,1863,
renewed and confirmed the deed 1864, or 1865, or in some one of those yean,
to his second wife’s daughter then the time ia too uncertain ard indefinite
and to the children of his brother, that after because it would be much more improbable
this he died leaving a will, made shortly be- that Confers would have sent a message that
shoes, probably the right, though this was
uncertain, had a hole is it so that the big
toe and the one next it made an impression
on the soft earth. From the evidence in the
record it fa fair toinfei that this mark of
the toes was made when tho
sassin .was. crawling, dragging hfa
feet behind him, and when he was runniei
though from the record this is not clear. It'
was in proof by Mr. Boyd that on the
fourth day after the killing, the prisoner came
to hfa house, wearing shoes of that number,
tbe left of which had a hole exposing the big
too and the next; and it was in proof by a
Sir. Brown, who lived at the prisoner’s
father’s, that prisoner had a pair of shoes
which he often wore, having such holes,
though from Boyd’s statement the hole was
only in the upper leather and not in the sole.
It was further in proof that there was a
fore, confirming this first deed and leaving
hfa first wife’s daughter nothing. On the trial in 1865 than in 1863, or in 1883, bnt there is
a Mr. Maxwell was allowed, by tho Court, 110 allegation that he refused to take the
to prove that sometime between 1861 and Confederate money when Horton tendered It
1865, (the first deed was made in November, to him at any time; Who the messenger
1861, and his death was in 1866,) he had heard was fa not stated, whether while or colored,
the grantor ray that his brother was trying male or female, and it fa a significant fact
to get him to make a deed to the brother’s that the affidavit of that messenger was not
children of some property which came by produced on the motion to dissolve the
hfa first wife, and he asked witness’ advice injunction, bat, after all, the complainant’s
about it; that at the time the brother was allegations only amount to tufa, that
_ _ present with some papers he was trying to eomebody told him, at tometime, that
coroner’s inquest on the night of the kiiliniT Ret **ie grantor to sign. The Judge, among Conyers wonld take Confederate money lor
and that next morning one of the jury went otlier things, told the jury that u Horton’s mortgage debt, and that he might
to prisoner’s on business; that prisoner got 8" .grantor of this first deed, was at “Wy execute a deed to Zichery. Whether
into tbe jnryman’s buggy and rode With him 6® time laboring under monomania, caused Conyers ever told anybody that he wonld do
about a mile; asked him what was the evi- by ,lle marriage of bis daughter, and the so, we do not know, and to charge Conyers,
dence—whether any warrant had been fasned deed was the result of that monomania, they after hfa death, with having discharged his
that he had told the juryman he had heard should set it aside; The jury found against mortgage lien on Horton’s land npon the
they were going to arrest Aim, prisoner and thc deed 10 ll >o second daughter and the chil-
hoped if he heard of any such warrant he dren , of the brother, and set np tho deed to
would let him know.
It was also in proof that s note had been
written to the grand jury, trying to cast sus
picion on Mr. Bobo, and on a man by the
name of Davis, from certain threats it was
supposed they had made. Bobo, admitted
raying to the prisoner that if Hardeman raid
to hfa face what he heard, either ho or Harde
man should die. Davis denied any threats,
or any ill-will to Hardeman, and Bobo raid
he had seen Hardeman and found he hsd not
so said, and all was well with them. There
was evidence that this note was in Kellv’s
handwriting, nut there was also evi
dent of the prisoner’s brother con-
tradicliog this. There were also papers
in evidence, to enable the jury to make a
comparison of hands. But the record con
tains only copies of these and we do not
know their effect
On the othei hand it was in proof by pris
oner’s brother, hfa male and femalo cousins,
and by hfa Bister that he was at home, a mile
and a half or two miles from the scene of the
tragedy at the very time itfwas proved to „ „ . . .
have occurred. This was also proven by a Thomas Hambrtck vs^.John Dickey. Injnnc-
man named Jeffries, and hfa Jeffries’ t ' on and demurrer, from Henry,
mother, who lived only 250 yards’ from the Mc3AY, J.
“ d J- iU ; wl ! om In ISO), A bought of B a tract of land near
br ? Ul !5f which he had lived for some years, paying
sutcrand^female rausin testifying they heard part of the purchase money, giving hfa note
for the remainder, and going into possession
andintotbeuseoftheland; and in 1867 per-
aodtom^jecousinsaying'hesawhfmtiirongb “ r S“ inder lBOlpglrto'possession
the door of Mrs. Jeffries house standing
•-T the table, the time was marked by the
ting mo°n, the lining Mso taking place a bill in equity, settingup that A, at the time f. u l t and a Conrtnf
A a ®. “ nsmg. Jeffries »nd mother nf thn nrirvinlti M i« ro nMun (roi iauii, ana a uourt or
“Viand floe the in the record that sometime in the year 1»70
3*5* Yeu£old°iS?ow was as sort the.plaintiff, asked the defendant Dannelly
had gone to bed on the floor, and the old
lady that 1) hours, she staid up, having j
oner in sight all the time. Jeffries and hfa
mother were proven by several witnesses to
be of bad reputation »->d n -t wrr'hy of be
lief in a Court of justice ■ »i..cr was at
tacked for the same reason; the evidence of
the nephew was open to some structures as
to the probabiiity, under the circumstances
of seeing a man after dark at the distance of
150 yards, inside of a small house with but
one room, and no windows, through the
open door, th're being no proof of any light,
while the brother was shown himself to
have made threats as to deceased and to have
refused to go to hfa funeral as that of
a damned dog.
We have given to this case the greatest
consideration.
1. We think there was no error in ad
mitting the record of the indictment and
conviction for the opprobrious words. It
went to show a motive and to explain the
threats and words of the prisoner.
2. The corpus |delicli was admitted or in
contestably proven. The only question for
to show that this foul deed was done by him.
that he might be heard Outing the
weeping and exclaiming; tl at he expressed a
wuh that he could kill hi- daughter
daughter with her husband, and that thee
some one might kill him; that the deed iu
question was made daring this period, givlnj
bat that he made it freely, anil that ho was
fully aware of what he wa9 doing, and was
fully competent to act and contract at the
time. On the other hand, it was in proof, by
five or six witnesses, that, for several days
after hfa daughter left, he was wild with ex
citement, cot in hfa right mind, doing foolish
things so as to attract sttention, and tiiattliey
did not at the time think him competent to
attend to business It was in proof by the
brother that he advised the maker of the deed
not to make it, bat to make a will, which he
might revoke if he saw fit, and this advice was
also given him by one of the witnesses, but
that he persisted in hfa determination to put
it out of his power to alter hfa mind. The
deed was delivered to the daughter of the
second wife—then a child—who gave it to
he wonltf take Confederate money^*^^4 or
the daughter of the first wife.
The letting in of the testimony of Maxwell,
the charge of the Court as to the monomania,
and hfa refusal to grant a new trial because
the verdict was contrary to evidence, were ex
cepted to.
Held, That the testimony of Maxwell was
properly admitted as though it was of little
weight, yet it went to show the relation of
confidence and influence between the
brothers.
2. The charge as to monomania was not
illegal, as wholly without anything in the
evidence to justify it
3. The verdict of the jury being the de
cision of a tribunal appointed by law to pass
upon facts, and being not contraiy to, but
rather supported by theevidence taken alto
gether, ought not to be disturbed.
J udgment affirmed.
D. J. Baily, J. J. Floyd, George M. Nolan,
forplaintifls in error.
Speer & Stewart, Cincinnatns Peeples, for
defendants.
marked by the ance of thepurchase money; and in 1872 filed andmake a deed tn 7.—..
he .killing also taking place a bill in equity, setting up that A, at the time *57’ 1 •?“ ¥*°T5
hk.i. A- -1 Jw 8- -£ effr!es ,n<i mother of tha original sale, had falsely represented SSl 1, fhm ^ u t 7 ’f 1,1 .? ot
both disClared that prisoner was at their nu-e » <a—lain oortion of the lnmi wlltoh wa.
ments of B might be enjoined:
Held, That the Judge did not err in re
fusing a temporary injunction and in dismis
sing the bill for want of equity.
Judgment affirmed.
Speer & Stewart, represented by Peeples &
Howell, for plaintiff in error.
J. B. Nolan, J. J. Floyd, for defendants.
A. H. Lee vs. W. W. Clarke, Eexecutor. Dis
solution of Ir ! —”— —■* **
from Newton.
McCAY, J.
When A. filed n hill in equity against Us,
administrator alleging that he (A.) and B. had
during the late war, traded lands; that B.
was at the time, indebted to. C. for a part of
J. H. Glanton and H. W. Dallas, executors,
tl Henry T. Heard, defendant in fl fa, T.
A. Frost, claimant. Claim, from Troup.
TRIPPS, J.
Under section 3525 of the Code it is neces-
and in cursing the deceased w his face! transferred the bond;thit shortly after this siry, that .the purchaser of. real property
his constant threats, reported, in ^ Se^nTfl, WVgKft^e
only gave to B. his bond for titles to the land
SStST^'r" ad «* I?*. a,“was now.wfU-
to Knight, to whom he twice before declared
his purpose to kill, that he was now loading
his gun for bigger game than he usually shot
at. Add to this, the coincidence of the shoes,
the hole in the shoe exposing two toes,
even though weakened as this circumstance
is by the uncertainty as to whether it was the
right or left foot, and supplement these by
his singular and unexplained apprehension
that a warrant would be issued for him be
fore any accusation was made, and his subse
quent attempt to direct suspicion upon Bobo
and Davis, and we have presented • a se
ries of fac*8 pointing to him with
terrible distinctness as tbe guilty^ man.
It is true, there was on the other side the
evidence of the alibi, and if we were a jury
we should feel deeply perplexed by these
conflicts of evidence But we are not a jury.
The facts, of causes on trial, arc for the de
cision of the jury, even though human life
hang on the decision. This Court can and
wi 1 interfere when there is a want of evi
dence, so as to show that the jury have acted
from passion, prejndice or mistake, bat if no
rule of law be violated, and the case be one
the money and was ready to pay, he, (A)
5. Tbe ne.iy discovered evidence was not wh£re an honest mlad f>ir , come
shown to be in fact mextstenee by the afflia- th0 rea nlt, at which tbi jury has ar-
vit of the witness by. whom it could be rived aDd if ^ Circult Jud ' wilh
proved, or any excuse given for its non-pro- the jary hu heard the 6 ’ tone3 and
seen the faces of the witnesses,
% u) who, under tne law, has and is bound by
nis oath to exercise, in certain defined limits,
duction.
Judgment affirmed.
i’«x & Turner, forplai itiff in error.
Mabry, Toole & Son, for the State.
of a man in his way—weak and too easily in
fluenced, bat yet he meant well. George R.
Dennis succeeds him, and, from all appear
ances, will be quite as much of a success as
Vickers.
WHYTE. OF XABTLASD.
The coming Senatoiial elect ion in Mary
land ?s already a subject of discussion in thia
city. Hamilton, the present incumbent, will
doubtless be succeeded by the present Gov
ernor of Maryland, William Pinkney Wnyte.
Governor Whyte is one of the most popular
men in his State, having been elected to his
present office by the largest majority ever
giren in any guoematorial election in Mary
land. He has already been in the Senate,
and, being a graceful speaker and a man of
great ability and integrity, will be a worthy
representative of his State, which has of late
years made a “poor show” in the Senate
for one of the original thirteen. There
will be little opposition to his election.
Hamilton will desire to be re-elected, but his
chances arc not good. Swann, an ill-shaped
the desk, so that members coni4 make the
cerrec ion at the time, if any mistakes had
I been m*de in recording the names. S.veral
of those who are claiming that they voted to
save the bill did not vote till after the call
_ wm completed and th*Wi*»*d really passed.’
recorded the entire list was read as usual: t bundle of clothes, at present in the Hcuse,
where be has had the good sense to keep tol
erably quiet, will also make an effort for the
Senatorshio in Maryland. But, considering
his insignificance In Washington, it is a mat
ter of astonishment that such an idea should
be even entertained, Swann has plenty of
at tbe church, wbat be was willing to p ij
tbe judgment. (Sullivan not b» ing present)
The defendant said be was wil.ing to pay
$240 00, which plaintiff agreed to accept in
satisfaction of the judgment, and the p ain-
tiff states tbat he told the defendant, Dan
nelly, he did not mind giving him thirty da>*
to pay the money. Borne short time af<ei
this conversation Dannelly sold a bale of cot
ton and went to the plaintiff's house and
paid, him^ft^ 10, and took from the plain
tiff the ktoUcwiBg receipt: * Received
sixty-four dollars 10-1 )0 upon
settlement on the jndgmen’, M. Hugely
ys. F. Dannelly, December 3rd, 18:0.” At
the same time, Dannelly gave plaintiff his
dne bill for the balance of the $210 00 A
few days afterwards Dannelly states that he
went to the plaintiff's house to have tbe
lodgment settled, plaintiff was not at home,
left a few lines for him with plaintiff's wife,
asking him to have the judgment satisfied, or
send him his note. The plaintiff did not do
either, and the note remained in plaintiff's
possession. Hugely and his wife both state
that when the due bill or note was written by
Dannelly, plaintiff refused to take it in
payment of the judgment, that Dannelly left
ii on the table where Mrs Haglby found it
Ch&rhs Kelly vs. The State. Murder and
motion for new trial, from Newton.
McCAY, J.
Charles Kelly was tried at tbe December
Adjourned Term, 1872, of Newton Superior
Court for tbe murder of William EL Harde
man, and fonud guilty. A motion was made
for a new trial on two grounds:
1st. Th*t tbe Court bad erred in admitting
as evidence against the defendant the record
and judgment of an indictment against the
prisoner for using opprobrious words, etc.,
asainst the deceaseon which, some months
before the killing, be had been tried, found
guilty and ; unisbed.
2d. ’! bit the verdict of guilty by the jury
was strongly and d^ide«lly against the evi
dence. The Judge overiuled the motion, «nd
the prisoner excepted. It was in proof be
fore the jury, in b hdf of the State, that the
kil iug was done on the 19th of August, 1872,
in the evening, shortly after dark, that the
deceased was shot by an assassin as be stood
in or near his own door, from a clamp of
plum tree* on the opposite side of the road
discretion to grant a new trial; if he re
fuse, this Court has neither the power under
the law nor the inclination to interfere. Un
less the verdict be illegal, tbe result of pas
sion, heat or mistake, and not the honest
judgment of fair minds upon testimony, this
Court, which corrects only errors of law, has
no right n interfere.
We think the evidence in tb : s eise is of
such a character tbat we cinnot say tbat the
presiding Judge committed an error io le
using a i ew trial, and so thinking we affirm
the judgment.
A. M. Speer, J. J. Floyd, for plaintiff in
error.
L. B. Anderson, Clark & Pace, T. H. C«.b-
aniss. Solicitor General, represented by Pee
ples & llowe.l, for the S ate.
from the house.
It was further in proof that the prisoner
had for some time before entertained feel
ings of strong enmity to deceased; that in
fact before the killing, be had gone to the de
fendant'* hou=e. which w«s a mile and a
half from prisoner's, and stealthily shot de
ceased’s dog in his own yard.
That, not long after this he had confessed
to one Kaight that he shot tbe dog, and went
out of tbe yard to kill the two-legged dog if
he should come ont.
with other papers and she put them all in the Tbat at an* tber time h? .told Knight he
drawer. It also appears in the record that did net want to do it, but if Hardeman both-
T\.« ..iln tk. <I«A A? (Via j; i 1 a VI— t 1J .. Ill lgl .l . • . _
Abel Lemon et al vs Jenkins and wife
Eq-ti’y, from Hei ry.
McCAY, J.
Where there w s a question on trial be
fore a ju*y to the v^lidi y of a gift and it
was in pt>N»f that tbe mxktr of ttie deed was
a man of ex? ituble terofM-rament,that he had
lost one eye and w*s ».ffi;ted w;tu rheuma
tism and could not get along wel , and that
he had a daughter by « farmer wife to whom
he was devotedly a'lached and to whom he
was very indulgent, that the tr.iot of land
bad come to him by her mother, wbo bad
drawn it in the State L »ueiy, and be htd
uniformly refused to sell it layi .r tint he
intended this land for this daughter. That
the daughter had, in spite of bis wisue-, ran
away from him and married, that ibis bad
excited and angered him greatly. Tbat for
several days after the It ft
to D and took np his bond; that he is in'
formed that B soon after tendered the Con«
federate money to C, who refused it; that C
had died and his administrator, the defendant,
was proceeding the levy, his judgment, which
was a judgment on the foreclosure of a mort
gage on the land. The bill prayed a perpet
ual injunction against the mongage, and a
temporary injunction until the triaL The
Court granted the temporary injunction.
Cs administrator, the defendant, answered
the bill, denying, on bis information and be
lief, the sending of the message and the ten
der of Confederate money, and mbved to
dissolve the injunction and to dismiss the bill
for want of equity.
The Court dissolved the injunction and
dismissed the bill.
Held!. Thataslthestatements of bill,on
which its equity depends, were not stated as
in the complainants own knowledge, and waa
not supported by any affidavits of their truth,
the Court did not err in di-.solving the injunc-
tion.
2. That there is equity in the bill, for which
complainant has no remedy at law and that
it was error to dismiss the bill.
Ju Igraent dissolving the iojuoction affirmed
and judgment dismissing the bill reversed.
J. J. Floyd, for plaintiff in error.
Clark & Pace, represented by Peeples &
Howell, for defendant
TRIPPE, J., concurred, but furnished no
written opinion.
WARNER, C. J., dissenting.
Th s was a bill filed by the complainant
against the defendant, praying fc r an injutc-
tion to rt strain the sale of certain described
tracts of land neder a mortgage fl. fa., which
had been levied thereon. The injunction
prayed for was granted, and afterwards, a
motion was made on the filing of the defend
ant's answer to dismiss the complainant’s bill
for want of equity’, and tc dissolve the in
junction. On the hearing of this motion the
Court sustained the demurrer to the com
plainant's bill acd dismissed it, whereupon
the complainant excepted. The alleged
grounds of equity in the complainant's bill
are that he was the owner of a settlement of
land Newton county known as the Ham
mock, Gill and Corly place, that one Turner
Horton waa the owner of a settlement of
land in siid county, known as the Whally
place; that on the day of eighteen hun
dred and the complainant and Horton
agreed to exchange the aforesaid settlements
of land, but before the deeds were executed,
the unpaid purchase money, went into the
possession of the land, and has continued in
the possession of the same up to the present
time. Shortly after the complainant had ex
ecuted and delivered his bond for title as be
fore stated, to Horton, the latter sold the land
complainant, might safely execute a deed'
for the land to Zichery which he had sold
to Horton, and which the latter had sold to
Zacheiy; that relying on this message from
^acnery; tnat relying on this message from
Conyers, and knowing that Horton had the
nritoey in hand and was anxious to pay it,
he did on the ■ day of eighteen hun
dred and sixty —, execute a deed for the land
to Zacheiy and took up his bond for title
and complainant has been informed, and be
lieves, that immediately after he had exe
cuted the deed for the land to Z ichery, Hor
ton tendered to Conyers Confederate money
sufficient to pay the principal and interest
due on the aforesaid claim, and oomplainant
believed the whole matter was settled until
the 29th day of October, 1888, when he was
notified that the sheriff had levied the mort-
fifa on the land, which mortgage
been given by Horton to secure the
mere say-so of a nameless messenger, would
be without a precedent in the history of judi
cial proceedings. The allegation that the
complainant received the message from Con
yers, as stated in the bill, necessarily implies
that he must have received it through a mes
senger, in other words, that messenger told
the complainant what Conyers said, bnt that
nameless messenger may not have told the
truth in relation to the matter, and Conyers
wonld not be bound because that messenger
told the complainant he had sent such a mes
sage. As to Conyers, it was only the declara
tion of some third person, and as to the com
plainant, it was only hearsay evidence, and
nothing more, especially as the complainant
does not allege that he believed it to be
true. The allegation that the complainant
received the message/rtm» Conyers, necessari
ly depends on the fact that the nameless mes
senger told bimso; in other words, I received
the message from Conyers, because the name
less messenger said so, or told me so, and that
is all that allegation amounts to.
Besides, this mortgage debt due by Horton
for the purchase money of the land sold by
him to the complainant, was an incumbrance
on the land at the time of the sale, and there
ia nothing in the bill which goes to show that
the complainant has not an ample common
law remedy on h : s deed from Horton to him
for the land, no charge of insolvency on the
part of Horton. If the complainant chose
to act npon the information of this name
less messenger, which he does not even al
lege he believed to be tiue, without inquiry of
_ if the land
aft* wHSSrSS
U5e.sndso.co/tinned. The bill setup that TWSSEdVS
lion which the bill claimed was for no more
cannot recollect as to the time when
material transactions took place, the
Court will not recall it for him.
The demurrer to the bill only admits sneh
facts as, in the judgment of tbe law, would
entitle the complainant to the relief which he
seeks. Wonld the alienations in the com
plainant’s bill, if proved at the bearing, as
therein set forth, entitle him to a decree set
ting aside and cancelling Conyer’s mort
gage lien on Horton’s land? If they would,
then the injunction should have been re
tained, but if they would not, and, in my
judgment, they wonld not, then there waa no
error in the Court below in sustaining the de
murrer and dismissing the complainant's bill
for want of equity.
should be in the possession of tbc same four
years before it can be discharged from the
lien of a judgment against the person from
whom he purchased.
Judgment, reversed.
James S. Walker, represented by AE
Cox, for plaintiff in error.
B. H. Hill, for defendant.
r Dr. Jones received the following letter
from one of his patients. We copied it from
the original.
Geneva, Ga., March 29,1873.
Dr. J. A. Jonei:
Dear Sin; I would have written yon
sooner, bnt I wanted to know fur ccrtaio
whether your medicines were doing mejuy
good or not Yon know when 1 consulted
with you at Macon 1 was suffering wi h
laryngitis, tracheitis, bronchitis pericarditis
and functional derangement of the liver and
rheumatism and asthma.
I have taken yon? medicine four weeks.
Hy health has greatly improved »Dd all those
bad symptoms are disappearing.
I hope the afflicted people of this country
will lay all prejudices aside and avail them-
selves of yonr wonderful tkill in the science
of medicine. If you remain in Atlanta until
May, may be I will have the pleasure of seeing
yon again.
I hope I shall never lose sight of your
whereabouts. I am, very respectfully, your
friend, Dr. B. Burge
Ad Intelligent Georgia J. P,
Juki ■noire.
The death of James Brooks ig g fitting set
in the Credit Mobilier tragedy. His sen {•
bilitics could not bear up under the disgr. ro
that culminated npon his long-honored nanus
for its connection with that dark matter.
There seems little doubt that he died ante
mortification at the public degradation 1 he
suffered, and tho fact of inch sensibility
deadens the censure legitimately dae to him.
James Brooks came of an arfatontic New
York family. He and his brother were pro*
prietors and editors of the New York Ex
press for a long period. James Brooke rep
resented one of the New York City Districts
in Congress for a number of terms. He was
a public man Of ability and influence np to
hfa recently discovered connection with the
Discredit Mobilier.
He was the sole Democratic participant in
that great outrage, and the Radicals need
that fact mercilessly.
Postmaster General Cresswell.
In the course of the conversation the Post
master General gave the following important
information to yonr correspondent:
I expect to leave to-morrow evening or
Tuesday morning on a trip to the Sonth, in
company with Senators Howe and Cameron
We shall go, in the first place, to Charleston,
and then continue the trip farther Sonth. I
shall be gone about two weeks unless some
trouble happens again in the meantime re
quiring my immediate presence in Washing-
tom Thestrainof work has been very severe
npon me all last season, and I need some re
creation. I intended to start abont a week
ago, bnt this postal car controversy arose and
changed my plan. Tho principal object of
my trip fa, however, to inspect the postal
service in tiie Sonth in order to ace what im
provements can bo made, for which them it
plenty of room, although I think the service
has been much better done of late than In
former years.’’—IfiuA cor. N. T. Paper.
The Itlacon and We.term .Railread.
The “chapter of accidents” so pregnant
with disaster and death daring the put few
months on this mnch abased highway, under
the magical tonch of Mr.Wadley, hu termin
ated most abruptly, bat happily. All along
the track lie thickly strewn the decayed cross-
ties and mashed rails which have given place
to new material. Depressions have been
raised, soft spots made firm, an abundance
of water supplied, and now the entire line of
road fa in an admirable condition. Indeed,
it will compare favorably with the main
trank of Savannah, and not ajoltorbnmp
reminds the traveler of the jperifa of the put.
Much of the repeated delays daring the
winter arose from the necessary nit of oak
wood, often wet and frosted, for fuel. Now,
however, every week a whole train of can
from Southwest Georgia, freighted with ruin
ous pine, passes up and distributes its bur
den at every station. The pine and oak thus
mixed prove a very rapid generator of -team.
The conductors, train hands and all the em
ployees of the road are also diligent and at
tentive, and the work of re-organization hu
been thorough and complete;
We are tons particular in describing the
ucscnt condition of toe Macon and Wcetera,
n order to relieve ell public apprehension oa
toe subject, and u a simple act of justice to
toe company.—Atlanta editorial cor. Macon
Telegraph.
In addition to too above gratifying intelli
gence, too appointment of a first-class rail
roader, like Colonel Foreacre, u Superinten
dent of the Macon and Western road, fa a
guarantee that its administration hereafter
will be skillful and safe.
DOWN SOUTH.
Philadelphia CorreapoDdant’a Ok-
■crvatlona an Georgia—Atlanta.
Philadelphia Frem Georgia Lettar.]
Atlanta fa toe most remarkable city in Ihe
South, and its name fa most familiar to toe
Northern ear. The beautiful hills abont it
are historic, and from th'tn, running back
for a hundred miles to the Tennesaee, l» that
nth of patriotic daring over which toe flank-
ng columns of Sherman swept with rallying
success, while Joe Johnson wu before than,
till Atlanta fell.
The destruction of the town wu a terrible
blow, but like many a calamity, it hu proved
to be “ a blessing in disguise.’’ The Atlanta
of to-day ii richer, better built, and with a
thousand times toe life, energy and prosperi
ty of that Atlanta which flashed ont one
dark night in toe summer of ’64. I wonld
not recommend burning down impoverished
towns in order to make them prosperous, bnt
had Atlanta remained unscorched, it would
never have had its present importance. I
always thought it overrated u a strategic
point daring the war. It fa winning now by
sheer energy and boldness, and from the fact
that Northern men by hundreds have flocked
•a with ready money; bat It has no commer
cial facilities, and it holds ont no inducement
by water power or toe proximity of coal and
ore to the factors of cotton and iron. The
proposed canal to connect the Tenncaue.
through Georgia, with toe Ocmulgce, and of
which I will apeak in some futureletter, msy
aid it, and give stability to its fortunes, and
continually add to iu present Increasing pop
ulation.
The Kimball Hoorn at Atlanta fa cs large
and more impcs’ng looking than onr Conti
nental, and toe public buildings and stores
and residences wonld be a credit to any city.
The side-walks are wide and good, the
street lamps too new to be dirty, and street
cars and first class daily papers show toe
prosperity of this place, ana toe intelligence
of its labor.
As I have been interviewing everybodytl
could button-bole, you msy bs rare I have
not neglected toe freedmen whenever I had
a chance to talk with them, and I bad oppor
tunities in abundance. The following fa a
sample of too conversation. It wu he’d
with a colored man in Augusta, who in
formed me hfa name was Edward Burke:
'Did yon live in Augusta daring the snr,
Edward r I asked.
“No, sab, I wu wid toe cap’n, my ole
massa, at Chal’aon and Savannur,” answered
the young nan.
• Did you never think of running away to
the Yankees?”
'No,sah! I know'll dey’d belong some
day.”
‘Yon knew they would make yon free!”
'Yes, sah!”
'And you wanted to be free?”
'I did, ssrtin shuar, boss. I never b lieved
in ownin’ black people, no how.”
'How did yonr muter treat you after the
r?”
‘Massa died in de war, but de young men,
hfa sons, wu very kind, in’ I stayed on de
ole place till nigh a year gone past.”
“Are toe young men still on the placer’
“Oh, yea, sah. Dey’a a workirf dar and
gitlin’ 'long right amart.”
“Why did yon leave?”
“Wa'ai.I wa’antraiiedu a field hand; an*
I was gittin’ only eight dollars a month an’
keep.”
“ What are yon getting here t"
“Twelve dollahs, sah, fur waiten’ on table.”
“Did yon ever vote?”
“Oh, yes, sah; l’ee voted.”
“What ticket did you vote V
“Why, de ’Pablican, ob couree.”
“Did anybody try to make you vote for the
Democrats?”
Yes, sah; dey triedtocoax meober.”
1 Did they threaten yon or use force?”
Neber. sab. I seed none ob drt down
har; but I’se hcerd right smart ’bock”
“Do you know of any black min who hu
lost hfa place or been abased for voting too
Republican ticket?”
The young man pondered and laid:
“No,sab; I can't jest rail none to mind at
dfa time.”
UI milU, nut uciure iaju uccua ncic uauvuiuu,
Horton informed comf liinant that be bad
purchased hfa settlement of land from Clark *S*
and that a part of toe purchase money due | March, 1876.
therefor wu unpaid; that Clark hal
transferred hfa claim to the money due there- j ’ ‘2741a Cwoniae
tor t ■ Dr. Conyers, then in life, but now dead,
complainant then declined to execute a title
to Horrn for his settlement of land, bnt in
stead thircof, executed to him a receipt in
the nature of a bond for title, conditioned to
make* title when the unpaid purchase money
due for tt;e land should be paid by Horton—
complainant taking a deed from Horton f' r
Tbe annexed are verbatim copies of orders
served upon Mr. T. C. Bridges, city jailer, by
our intelligent (?jcolored Jus ice of the Peace
for 1231 District, Gr indison Harris:
State of Georgia,
Richmond County.
2b the Jailer of Richmond County:
Wcastiey DavU bas Bin Rested on the af
fidavit of Hetzoura Nun, and yon will re
ceive the body of West Davis In to tbe Jail
of Kicbmond county In failing to give bond
in the sum of $51 collars, and keep safely
untell 11.-20 o'clock to-morrow morning on
the i 1st. day of M> rch, lets, and Will Be De-
Uverel by due courses of law.
Giv under my band, seal, this 31st day of
March, 1873. GituNDteo.i Harris,
12 id Dist, G. M.
State of Georgia— ttichmonn Co.
2b the Jailer .of It ehmond County :
You will deltv. r the Body of Weast
Dunces, to be brought Bcfor me, for exami
nation of toe affidavit Mir.-u-uy Nunn, in
charging him of Misdeme-imer—attempt to
Shoot and Kill Mirsury Nunn.
Giv under my hand aud seal this 31st day
“ ’ - Gramms >n Harris,
123d Dist G. M.
continued thus exci ed and disturb'd, his aettl -ment of lind, knowing as toe com-
that he wonld stamp upon the ground, cry piainant allege*, that said Horton Was fully
TSV~ General Sherman's famous horse,Lex
ington, which he rode from Atlanta to toe
sea, died in Madison, Wisconsin, on the 12th
ultimo. General Sherman gave him'to Col.
Thomas Reynolds, of Madison, five yean
ago, after he had sustained some injury.
Colonel Reynolds passed him over to toe
Regents of Wisconsin University, and there
Dannelly* at the time of this transaction! did e*e*t him b. wo.M till Mfc; that again h- aloud end beat .th* grodod with hia atich: ebie to meet and discharge said liability for he has sines remained.
“Can you read, Edward ? ”
“ Some, sah. I’sc a laming all de time
straight along.”
’’ Would you tiko to leave here?”
No, sah. Cough lota of cnllered folks fa
goto’ from ha. to Texas.”
“ W hy are they going ? "
“Reckon dey tints day’s going to improve
an’ make more money.
“Will they?”
“Don’t know, aah; sped it 'pends no de
man mor’n de place how he gets along.”
Edward left me, end I felt there wae a
great deal of good common sense in hfa last
remark.
I have seen a genuine Kn-KInx; that fa, a
man who boldly acknowedgcd to me, in toe
presence of a
NUMBER OF GENTLEMEN,
that he belonged to the mystic fraternity of
bugaboo*. In order that there may be no
doable as tn this person, I will (tale he fa an
editor of toe Atlanta Son, Alexander H.
Stephens’ paper.
“ Yes, I belonged to tbe Ku-Klux; and let
me say, ts I know it, it was an organization
which no man. North or Sonth, need biash
to have belonged to. We were formed for
charitable and honorable purpose*—to help
the needy and proud toe weak. We were
toe guardians, not toe destroyers, of toe law,
and we saved many a Union man bom the
lawless. Of course crimes were committed
here and there, bnt not by oor organization.
Men may have called themed vea Ka-Klrx,
and worn masks; bnt toe livery waa a mis
take and toe name a misnomer. So are got
the blame.”
“ Does the order exist now ? "
“ Not that I am aware of, bnt I wish it did,
for toe sake of toe distressed end needy.”
Thia puts a new phase on an old subject
INDISTINCT PRINT