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w. ymsiitatiUm. Taras ■( Subscription: SIBLT OOIWITTCTIOK pw amp —.....$» 08 sSnMatpaoo'iKpsjsM* strfcUj In sdrsac* s,«tbstrpttllim of tin tins for which psjncct nsdo, salesi previously rooewed, the ume of th* ■bocrlber will he fMckso from oor books. Clibs of Ten $15 00, sad s copy of the paper •at frss to thsfattcr-ap. 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