Newspaper Page Text
LIFE AMONG THE DEADHEMt
(«»••! SBhicrlptlan:
I r . .k. Tphafcon of the time for which pajmeLt
uUN prwtonilr tcofirtd, the lutne rf the
•heater wffl he etrieka from out boots,
ggr Clibe of Tee $1100, and s copyof the paper
Mtltelethearttar-ep.
ATLANTA, TUESDAY, APRIL 15.
Beet Beet Sneer.
Ike tret attempts to manufacture sugar
from the beet were dbutnmi failures, end
% extended over about fifty yean. The
iadnetrydidnot get on its feet tmtil the ware
of napoleon reduced the French people to
great extremities for the needful household
rrrptfrH Four imperial manufactories were
and fiotn that time, the business
baa steadily increased. The last year’s crop
vas the largest ercr known, and was distrib
uted as follows:
d» t
jio i.too cm
t (In rnt-h) CO *0.000
The areilable stocks at all the entrepots on
the Md of February of the present year
reached fifty-eight thousand one hundred
tana, as compared with fifteen thousand
seres hundred tons for a corresponding
period In 1873.
There are orer 2,000 m inufsctories in
Brnope; and one-sixth of all the arable land
in France is derated to the colliva ion of
tnUs
Nothing 1s lost or wasted in this Industry.
The pressed pulp is eery raluabte for the
fattening of cattle; (be refuse of all kinds
Is rich In fertilizing material; potash Is made
fhous the residue of the distilled mo’a ses;
and the leaves of the beet work up admirably
in the adulteration of leaf and smoking to
bacco. The pulp usually sells for six dollars
§ ton.
The avenge production of beets is six and
one-half per cent of raw sugar. The refined
beet sugar is fully equal to that made from
<be cane, being, in fact, nodiatinguUhaUc in
color or taste: The moats of manufacture
here been so greatly improved that bcet-ror t
sugar can compete with all other sugars in
the markets of the world.
This is an important branch of agriculture
that can be successfully conducted in this
country. The climate of California ii said
lobe especially adapted to the business. The
cli mala o f Georgia or of any State that lies be
low the nine months’ frost line is equally la-
▼arable. Nothing bat enterprise Is lacking
In enable us to grow our own sugar, and
sorns to spare for our neighbors
There is no mistake about it this time.
The corporations and monied monopolists
are astounded and alarmed at the gigantic
proportions that the new secret order, “The
Patrons nf Husbandry,” has assumed in so
abort a time. Nor do the monopolists like
the grangers open snnocncement that, if they
cannot break the ruinous oppressions of the
'stags” in any other way, they will enter the
field of politics, and seek redress through the
ballot-box. Thebsnded robbers donotiancy
this court of last resort They are willing
toteet their strength before Congress or the
State Legislatures, but the prople—that is an
other thing.
The strides of the farmers’ movement are
I in Illinois. The first grange was
agenlmd about two months ago, and yet
Boca than 800 townships out of the 1,500 in
the Stale here organized local clubs. The
total number of such organirtlions in that
Stale does not fall.below 1,100. with an
avenge membership of 100. No estimate
places the combined membership of the
granges la Illinois by the Fell, at less than
one half of the rating population of the
State.
In Iowa there are 800 granges, and the
Legislature is filled with representatives sent
there by the farmers to demtud the reforms
that are the basis of the Order. Some of the
recalls in this 8tate are of a very substantial
character: one-third of all the elevators and
warehouses are controlled by ti e granges;
BfiOOfiOO bushelsof grain and enormous num
bers of cattle and bogs have hern shipped
through the agents of the Order, with in-
created profile to the fanners; $305,000 hive
been saved to its members by aciutl compu
tation, in the purchase of agricultural inncUn-
«ry and implun-nta; and not less than $100,-
000 will be invested during 1873 by thu
granges of Iowa In eatablishing roanuficm-
ries—thus creating a homo demand fur the
products of the farm.
The order is nearly as strong in tha other
Western Statea; and, in fact, it vigor unsly
g wishes all the way from Texts to Utine.
The facte that we have given are sufficient to
•bow the startling increase of numbers, and
the intense earnestness of purpose that is fast
uniting the farmers of the whole country in
one Invincible self-protecting, self-advanc-
tagorganixstion.
The Western organizations, while they
denounce the protective tariffs that compel
them to pay double prices to that the East
ern capitalist may enjoy dividends of 120 per
cant; while they denounce the monopoly
power that is enthroned in Washington, as
the dispenser of subsidies to steamships and
land grants to railway corporations, and cx
duaive privileges to the pet banking system
cf the government, etc; yet these Western men
atgjke more particularly at the extortions of
the railroad-stock waterers. Nor is it strange.
The case of an Indians land-owner may il
lustrate the deep importance of Ibis griev
ance. He saye:
On the 1st of July "sat, corn wss worth (on
tbelud) 43 cents a bushel, and the price of a
freight car to New York wss $90. The rail
road advanced the price in September to $150,
and recently to $2J3 a car, and com has be en
depressed in price to 18 cents. Now, if the
railroads can do a fair business at $90, they
rob the farmer of 84 cents a bushel Had my
land been cultivated In corn, at 75 bushels to
the acre, my crop would have been 101,000
bushels, and they take from me over $25,000.
The difference between $90 a car and $300
will make a difference in the value of every
•ere or more than $100; but call it only $50
•ad the lota in the value of real estate is over
$$400,000.
The Radical politicians are, of course, hur
rying to join the ranks of the cnemus of
monopoly. It is flood tide. Bat some of the
ablest thinkers of the oounlry are also en
listed in the cause of the people. The pbilo-
aophtc Frederick Hecker boldly says, "that
railways are nothing but a licensed class of
highways, bolding privileges which, in case
of mismanagement and in the interest of
public welfare, may be revoked. They were
not privileged in the Interest of a few, but
they .were licensed for the advantage of the
people at large; and every violation of this
doctrine is a bare-faced swindle."
It b both right and proper that the fsrm-
en of every State ahonld organize for the
purpose of procuring just rates in railway
transportation. Beyond that, is another and
deeper remedy stilL The long lines of rails
that stretch almost across a Continent can
not be operated cheap enough to carry the
superabundant products of the West
to market, and leave a good price
for the producers. It cannot be done—the
distance is too great, and railway trans
portation is too extravagant at the
tret. The perfect remedy for their ills lies
ta a short, broad and deep water way to
eonnect the waters of the Tennessee and
Ocmulgee riven. The farmers of ths great
tar West have no other thorough and perma
nent mode of relief; no other possible route
to market that can csrty off a large crop
without encroaching on the legitimate
profits of the producers. Hay m cot,
therefore, suggest to Governor Smith that
the principal managers of “ The Patrons of
Husbandry” ta the West, and especially io
the Southwest, be personally invited to
the grand conference of the
VOLUME V.i
ATLANTA, GEOKGIA, TUESDAY, APRIL 15, 1873.
INUMBER 52
The Doctor.’ Convention.
We took a gr.ze at the Doctors? Conven
tion yesterday, in teuton in the Senate
Chamber, ar.d it wou'd lie d : !B*uti t
together a finer l.-oking, uoie intelligent and
dignified body of men. Their appearance
indicated men of culture and character.
Their deliberations were conducted with
ability and decorum.
There ii no profession that ranks higher
than the medical; cone that requires more of
the qualities of brain,heart, and manhood;
none more vitally important to society, and
cone to the credit of Us members, be it (aid,
that have a higher standard of individual ex
cciltnce and professional merit.
We arc plcastd to have tl.esc gentlemen in
oar midst. Atlanta poswsics a set of medi
cal men of high standing, and the courtesy
and respect the extend: to the worthy medi
cal gentlemen riffling ua from the rest of the
•Slate- constitute a like spontaneous emana
tion of her characteristic hospitality and a
testimonial of her earnest appreciation of the
Ira'entity from a rccogui'ion of the excel
lence of our own physicians. .
We give these gentlemen a cardial welcome
to Atlanta, and a hearty invitation to the hos
pitalities of the Constitution office.
The aarsery Bm&aew*.
From an atliclc in a Richmond paper, vec
learn that cue firm alone of thu city filled
15.000 orders during the past year, sending
out 400,0(0 apple trees; 50000 pear tries;
25.000 cherry trees; 5,000 plums; 150,000
peaches; 8,6*0 apricot; 2,400 nc-ctaimea;
3.000 quince; 150,0C0crape; 147,000 straw
berry; 6,300 raspberry; 7,200 blackberry;
15,500 goosebrry ; 8,000 currant; 16,800 as
paragus ; and 3,700 rhubarb.
No small part of tbc large shipments from'
the Richmond and Norfolk nurseries comes
to Georgia, in addition to tiicvart qnanities
shipped to us from the more- Northern mar-
a. And yet not one of these young trees
plants are adapted to eur climate; they
have- to undergo a process of acclimatization,
that thins them out dreadfully, or leaves them
in a weak impoverished condilun.
let us grow eur own fruit-trees. Every con
dition for tbcsucce sful pursuit of this lucra
tive breech of busiaiss can be found on the
hills that surround the city. The climate,
soil and local demand are alike favorable.
Entcrpri-iog men, who will lake advantage
of these golden opportunities, are only lack
ing. Who will lead Ihc way in producing
trees and plants that are sure to live after
they are t ansplantcd ?
'1 lie Democracy.
The iivelic.-I old corpse wo believe it has
ever been our fortune to hear of, as well as
be a votary of, is the Democratic parly. It
wou’l get dead. It has Ihc most obstinate
tcnac-i'y of life.
In the last election it was licked unmerci
fully. In fact its decease was matter of plen
tiful record. But some how or otlur the old
concert! lias as many lives as a cat, and it
comes to life, after a sound decease, on the
very slightest provocation.
Elections have taken place in the last tlay
or two in Connecticut and Ohio. The old
corpse of the Democracy has gone to kicking
at a vigorous rate in boib States. In the
wooden nutmeg State a Democratic Governor
is elected and also a Democratic General
Assembly substituted for a Radical one. Tbc
Ohio returns show Democratic gains.
After a Presidential election the winning
party always loses ground the first year.
This is a general rule.
But this docs not niter the satisfaction that
n sound Democrat feels recording demon-
trations of the parly’s vitality.
Tub Constitution is a Democrat from
principle. It dots not withdraw its allegi
ance to right liccau.-u of temporary defeat.
It has abounding trust in thejiiytue and ul
timate success of Democratic raj-ye?-. It
therefore listens with no favor Tonic absurd
propositions lor a disbandment of the Demo
cratic organization. And it proposes to as-
slstthe sturdy old corpse in knocking the
daylight, yet, oV. of Radicalism.
Tee t'nrmersi Nlovcmeut in Politics.
A recent writer in the New York World
ducusses the results of the late war upon the
social end domestic economy of the South,
at great length. A short summary must suf
fice to show our outlook as seen through an
intelligent Northern observer’s spectacles.
He claims that the period of disorganiza
tion is about past, and that the ntw period of
crystallization, wherein the disrupted ele
ments in obedience to natural laws are gather
ing to their legitimate center*, has fairly be
gun.
The town is the prominent center in this
new crystallization. The spirit of Southern
civilization under the old regime wss eminent
ly rural; but bad local government and social
disorganization bos lamed the tide in an ur
ban direction. A similrr movement bnilt up
the commercial and Industrial towns of Eu
rope at the close of the middle ages.
The general disorganization of society has
robbed the georgics of Southern life of more
tban half their wonted attractions; and the
difficulty of engaging labor and its unrelia
bility at important ciises of the cotton crop,
are little calcu'ated to keep the most enthu
siastic p’anter enamored of a country life, or
to adore young men to a home on the pater
nal acres.
Besides, the pleasures of the Sonthem
planter, the freedom to leave the plantation
for weeks in town or at a watering place, are
practically gone. The war and its results
have taken away the opulence that admitted
of each indulgence.
Consequently all, who can, find occupation
in the cities, or if compelled to plant, reside
as much as possible in the towns, where their
families pleasurably spend the entire year;
and this is in accordance with the agricultural
economy of other parts of the world. In
Northern Itlay, the richest agricultural region
of the globle, the land-owers reside in the
towns.
The negroes flick to the centres of popu
lation in great numbers, preferring odd jobs
and a circus, with more or less hanger thrown
, to the laborer’s weekly ration of hog and
hominy. Negro labor that the planter can
not entice to steady service in the fields, goes
begging in Southern towns and cities.
Bat there is no danger of any vital decay
the cotton production of these Stales. The
day of the small farmer and of labor-saving
machinery has come. The negro labor has
improved and will continue to improve es it
ceases to hope for the great windfalls that
tricksy politicians have promised. While
cotton continues to bring 20 cents a pound it
is certain to be raised in one way or another,
and every year shows an increase in the quan
tity produced. Largo plantations conducted
by a single cipitalist and worked solely by
negro labor will decline; and the representa
tive Southerner will no longer be found in
the proprietor of a country mansion sur
rounded by a thousand acres of land and the
cabins of a hundred negroes.
The village storekeeper and the small traders
are the gainers under the new system.
r.nerly the planter bought bis supplies di
rect from the manufacturer or wholesale
dealer, and famished them to tbe slave in
stead of wages. Now the laborer receives
money-wages or else farms “on shares”—in
eiilier case lie hastens to tbe village stores if
lie wi bis to buy or sell. Tbc double ex
change is a profitable one to the small deal-
nartidpate in t
30th of May T
atkara Lu<r Wtrihr •> Wollcu
fur her Practical! jr.
Thu Catoosa Courier contains a compti-
iicu of Miss Sarah Howard,
r of the Rev. C. W. Howard, or Kicg-
■fon, Georgia, for her interest and practical
success in attention to fowls. Tbc editor
paid a visit recently to Mr. Howard, and in
terestingly describes Hiss Howard’s splendid
pool try yard. 8he has derated much atten
tion to improved breeds of poultry, and took
a pw—twr of premium! at the last State Fair
at Atlanta. She has Brahmas, Leghorns, and
Bbek Spanish fowls. The two last avenge
900 eggs annually. The Brahmas average
seven pounds at five months, and the roosters
get to weigh eighteen pounds.
The Conner thus closes:
The Aylesbury and another species of
dock, both of most approved varieties. Mis*
Howard also hu; and her time is chiefly de
voted to making poultry raising prove prof
itable and interesting. 8och intelligent at.
Nation and care will doubtless insure succe.u-
By means of the above and many other domes
tic industries the “true women of the South”
are elevating and refining labor, making
hemes beautiful and attractive, beside* te
eming to themselves that proper independ-
mm which they ever
We tincerdy hope Miss Howard’* enter-
prim will incite many others to similar effort.
Late information reports consider hie flut
tering among the Ridictl party-managers of
the West. Ju the ficvcutccnlh judicial cir
cuit of Illinois, comprising tbc counties of
Mason, Mmaid, Logon and De Witt, a far
mers’ convention has been cffled lo nominate
ajudge for I lie district. The grunge: of Iowa
are now discussing what action they will
take iu the coming campaign, and outside pol
itician; arc anxiously watching their move
ments. The latter do not like the proposition
to run D. W. Adams, of Allamakee, as a
grange candidate for Governor. Carpenter
is to be'tiic Radical candidate.
Tbc leaders of tbe great movement in tbc
West loudly disclaim all politicd intentions;
and yet every speech that they make, every
resolution tb it they pass, shows that they
fully undirstand the situation, and will act
accordingly. They know tint tbe best way
to break tbe power of tbc corporations
which oppress them is to attack the systems
of law upon which they are founded, apd the
policy of tbe government that is, and for a
long time baa been, administered iu the inter
est c f their oppressors. The granges are a
unit in denouncing the subsidizing cf steam
ship lines; tbc bestowal of the public domain
on compinies of “inside” men to induce
them to build railroads; the privileges con
ferred on another class of favored individu
als by the national bank system; the high
protective (arriffs that let the New England
manufacturer fix his own prices on the pro
ducts of bis factory; and tbe navigation
laws that abut out tbc competition of fereign-
b-ailt ships tothe benefit of still another petted
C'.ass. These monopolies owe their birth
aid continued existence to the Republican
party; and they comprise nearly everything
that the managers of that party c m be relied
upon lo fight for. When they are before tbe
people they fight the war over; bnt once
installed in place and po»er they go al
most exi lusively for the very monopolies tbat
the granges denounce.
The farmers, mechanics and tradesmen in
the great States of the Mississippi Basin are
avare of the efficts of their action. The
whole drift cf the new movement inevitably
sets against the party of centralization and
.monopoly rule. The creation of privileged
classes cm only be stopped by changing tbe
pol-cyof the government. Will moral suasion
reform tlu- heroes of the Credit Mcbdier, and
of tbc Land Grants of the lsst ten years
The Western m-.n know better. Norare the
Radical politicians deceived. Hence the de:
perate efforts of the government party, the
high tariff Republicans, to control the Illinois
Convention at Springfield.
If the movement githers strength as fast in
the coming six mouths as it has in the same
time just past, nothing can stand up r gainst it
in tbe valley of the MisossippL As that goes,
so goes the country. Spe.-d ihe dty when
class rule and corruption shall be buried ta
one grave. Wesend greeting to our Western
brethren.with tbe assurance tbat we shall be
found in tbc front ranks in the coming battle
against tbe monopolists.
HP The New York public markets, thir
teen in number, in 1873 produced an income
of $383,683, while the t .xpenses amounted to
$69,678. The receipts in 1870 amounted to
$373,384, and the expenses to $33,41'. Tbe
receipts of the markets during the ten years
from 1873 to 1373 inclusive, amounted to
$2,919,768, and the exp -odiluns to $345,074,
leaving and revenue of $2,074,694. which is
equal to 8 45 per cent, per annum on a valua
lion cf $4,217,374. Three of the markets
are recommended to be sold, as the expendi
tures on them largely exceed the revenue:
WT It is a significant fact that nin -ty-nire
out of every one hundred mechanics in tbe
large cities of the United State* are foreign
ers,whore earnings now average from four
gve dollars ; cr o»y, while any quantity
’-gentlemanly” young American men, tie
product oi business colleges and high schools,
can be got to keep book* or do any kind 11
genteel writing from six to ten dollars per
week.
1 he trade of the cities bos changed. In
stead of tbe articles of elegance and luxniy
formerly demanded by the planters, a new
trade has sprang np in luxuries of a lower or
der,such as calicoes, dollar-store jewelry, and
shoddy finery of every description; and (he
country merchants have nearly . ceased to.
make semi-annual pilgrimages,to New York,
resorting to tbc local centers of trade. The
aggregate of business done by the cities is
larger tban ever.
The increased nse of fertilizers, improved
implements and labor-saving machinery gives
employment lo a larger urban population.
They really transfer a large portion of tbe
labor of crop-raising from tbe fields to the
workshops of the town.
The commercial spirit, now active among
those to whom agriculture has become dis
tasteful, finds expression in the construction
of railways for opening np new sections and
far the cication of new relations with other
producing communities. This new internal
traffic has brought many of tbe interior cities
of the South Into a turprising prominence
and importance Among these, Atlanta, Go.,
is conspicuous for a rapidity of growth hither
to unprecedented in the South.
The war, while it crippled the nascent
manufacturing industries of Virginia, Geor
gia and Alabama, by physic illy destroying
many and financially ruining others, yet had
beneficial effect ia developing tbe capacity
both of tbe people and the country for many
industries; and it left npon tbe Southern
mind tbe strong conviction tbat agricultnre
was not be depended npon as tbe sole meats
of production. Its aspirations for commer; e
and manufactures are, in some sc: lions,
solidifying into achievement, and manufac
tories are silently mnllipiing in very many
parts. Everywhere the man, who possesses
an available water-power, considers himself
more fortunate tban one who holds the title-
deeds to a beautiful farm.
Iu the absence of definite statistics it is
hard to award tbe palm to any State, but
Virginia is certainly first in tbe variety, and
Georgia second only, if second at all, in Ihe
magnitude of its manufacturing interests.
Richmond is tbe champion industrial city of
the South.
The cotton and iron industries are larger
tban any other except agricnltarc; but it is
tbe number and variety of small manufactures
based more up in enterprise and - labor tban
npon capital wh'ch one comes npon some
times in tbe most out of the way places tbat
speak most encouragingly for the success of
this new departure in production. The very
isolation of many of these establishments,
the gradual expansion of their operations,
tbe slow bat steady additions to their num
bers in spite of tbe drawbacks of imperfect
machinery and established competition show
that manufactures at the Sooth are a health-
fol economic growth rather than the sudden
execrcsccnce of a fitful discontent with other
employ men's.
DECISIONS
scpaEUE cor::v of Georgia.
Dittoed at AAi.-.u, April 6,1873.
John L. Dixon administrator, ct ah, vs.
Lewis H. Edwards. Complaint, from
Merri wether.
WARNER, C.J.
This was an action brought by the plaintiff
against the defendant as administrator of
Hall, and as the surely of said Hall, the in
testate, on a promissory note for $200, paya
ble to the plaintiff, dated August 29,1861, and
due one day after date. The de-endant filed
a plea alleging under oath that the note lets
executed by his intestate for the illegal pur
pose of aiding and encouraging the rebellion,
as provided by paragraph 2, section 17 of tbe
5th article of the Constitution of 1863. On
the trial of the case the plaintiff was sworn
and offered *3 a witness in his own favor for
the purpose of proving tbat if it was tbe inten
tion of Hall, the defendant's intestate, to use
the money for which the note was given iu
aid of the rebellion; that fact was not known
to him. Tbe defendant objected to tbe plain
tiff being sworn as a witness on tbe ground
that Hall, the other party to the contract,
was fiead, and that the sail thereon was
against him as administrator of his intestate.
The Court overruled the objection and the
defendant excepted. The 3794th section of
the Code, which providi-3 that parties to the
suit may be witnesses in their own behalf,
makes the following exceptions: “Where
one of the original parties to the contract, or
cause of action in issue, or on trial, is dead,
or where an executor or administrator is
party in any suit on a contract of his testa
tor, or intestate, the other party shall not be
admitted ta testify in his own favor.” Hall,
one of tbe origiaal parlies to tbe contract
sued on, is dead, and Lis administrator is a
party to the suit on that contract of his in
testate, and the statute declares in express
terms, in such cases, tbat the other party to
the contract shall not be admitted to testify
in bis own favor, and such has been the con
struction given to the statute by this Court.
Leaplrot vs. Robinson, 44th Geo. Rep, 43.
The fact that (he defendant, who is sued as
administrator of the intestate, signed the
note as security for the intestate, and is sued
as sach in the same action with the admin
istrator of the intestate, does not alter or
change the rule.' It was said on tbe argu
ment that to exclude the plaintiff from testi
fying in his own favor in this class of cases,
antler the provisions of the Constitution of
1868, where the defendant makes oath to his
plea, and thereby devolves the burden of proof
on the plaintiff, will operate as a great (mid
ship on him, tbat may be so. bat it
is not the business, or duty of the Courts, to
make the law, their duty is to administer and
enforce it, as it exists. 'The statute does not
make this particular class of cases au excep
tion toils operation when one of the parties
to the salt i3 dead, and the Courts cannot do so.
When a staute speaks in plain umambiguoas
language, it speaks like a tyrant, to be obeyed
by Courts, and people. In our judement,
the Court below erred in admitting ibe'plain-
tiff to testify in his own favor :n this case.
The defendant then proposed to prove Ly
himself as a witness in his own behalf, and
by John W. Park, Esq., who was also
present, that in the fall of 1SS2, he tendered
to the plaintiff the money due on the note
(the record does not state what kind of
money) and tbat plaintiff declined to receive
it, defendant stating to tbe plaintiff at the
same time, that he knew tbe money was
borrowed to enable Cel. Hall to buy a liSise,
and military equipments, for thu service ot
the Confederate States, that the horso and
Hall were,both killed defendiog plain tiff’s and
witness properly,eta, and he thought plain
tiff ought to take the money. Plaintiff never
denied the purpose for which the money was
borrowed, but’stated that he did not then
need the money, that defendant could keep it
until the war was over without interest, etc.
This evidence was ruled out by the Court,
and the plaintiff excepted. In our judg
ment, that portion of the evidence which
charged the plaintiff with a knowledge
of the purpose for which the money was
borrowed of him by Hall, and not denied by
bim at the time, was competent evidence to
have been submitted to jury. Code, 3737.
The plaintiff was cwUltal iQ-kava the whoUA f.
of the conversation that took place betwida
the parties at the time given in evidence, so
tbat the jury might judge of its weight und
effect The evidence was competent for what
it was worth in the estimation of the jury,
and it was error in the Court in ruling it out.
The other testimony of Dixon, the defend
ant, which wss ruled out, as specified in the
record, was competent, so far as he proposed
to state facts within his own knowledge per
tinent to the issue on trial, but not as to facts
derived from Hall,liis intestate, or as to what
he told him. If the previous evidence of the de
fendant and Park had been admitted, as, in our
jndgment.it ought to have been, then this lat
ter evidence of Dixon would have been ad
missible for the consideration of the jury in
connection with that other evidence as to the
knowledge of the plaintiff as to the purpose
for which the money was borrowed. Wc
express no opinion as to the weight or effect
this evidence should have with tiie jury: all
that we decide is, that it was competent evi
dence to have been submitted to them. If
the evidence improperly ruled out had been
admitted, then we should have held that the
charge of the Court to the jury was error;
bat if that evidence had been properly ruled
out, we should not have reversed the judg
ment for error in the charge of tbc Court do
Ihe statement of facts then before the jury
when the charge was given.
Let the judgment of the Court below bo
reversed.
Geo. L. Peavy, G. W. Park, for plaintiffs
in error.
A. H. Freeman, Wright & Dent, for de-
femlsnL
Code. This land held by the defendant un
der his bond for tide, might have been at
tached as his property. Coda 4223. The
defendant might also have sold.tfie land as
his property and transferred his .tend for ti
tie to the purchaser.
In Barnes vs Shinholster (ttab Si. Rep’i
131) it was held that when a p-riy enters
upon land under a contract for ttrkqjurchase
of it, such a contract destroys ib: relation of
landlord and tcn&n’, and is entire! - inconsis
tent with it. In view of theisms qf this
State definihg the relation of i'-jjldrd and
tenant, there was no pretense holding
that the defendant, under the fasts disclosed
by the record in this case, was a ioaanl at ’.he
sufferaace of ths plaintiff, acd -At. .bis to be
turned out of the possession cf land as
such by the summary process tyorided for
by the 4C05lh section of the Coin: ■
Let the judgment of the CoEjSTbslow be
reversed.
M. iff. Tidwell, Q C. Grice, Tiguer,
i. D.'Harrison, for plaintiff iu cru--.
' ‘ “
J. S. Blalock, represented by*Wa Ham*
tnond & Son, Peeples & Howe wior defen
dant. F
The Savannah, G. and N. A. ifiilroad vs.
.Wilcox, Gibbs & Co. Trtjjrer, from
Coweta.
McCAY, J.
1. The liability of a common f?<jirler ceases
if tbe goods are taken from Li* possession by
legal process.
2. A possessory warrant, v it instates that
certain cotton, having been lastly in tbe
peaceable and l?gai T y-acqtiircd possession of
A. B, has been illegally taken catsof hi3 pos
session by some person unknowo^ind placed
on the cars of the G. and I^N^^Raiiroad
Company, and directing tbe sefl 5 * 3 *®'**
property and the arrest
known person when foun<
a void warrant. It ia a warrant
B. is thecoinplainant-7the R. R.
fcnd’nt,and it sufficiently charge
to be in the possession of the H?
out lawful warrant The order tw arrest the
unknown person and the failure M-direct the
arrest of the Company, do void,
if the property be in fact taken. *
3. It is not the duty of acommotv carrier to
keep bis doors locked find to refa-e entrance
to a sheriff, who comes to seize irop.:rty iu
the possession of the curler irjthe sheriff
have legal process.
4. Wnen goods delivered to vq common
carrier for transportation word seized by
legal process and taken out of hf* possession
by the sheriff, and tho_.ee: forthwith
cave notice to the consignor :;rl<rconsignee,
and they made no reply and toot no further
notice of the proceedings: *
Held, That the carrier lnd aright to pre
sume they had abandoned ihe property as
subject to the legal process which had
seized it. f
Judgment reversed.
B II. Hill & Sans; 3. Freeman; for plaintiff
in error. >
A. D. Free aim, for defendant;
Atlantic and Cleat Western Cti
We present oar readers the official report
of the committee on commerce in the House
of the last Congress on the Atlantic and
Great Western canal. It seems a perfect so
lution of the great question now before the
Western States, in the interest of whhb so
many “granges” are organized and farmers’
conventions are held. The report will repay
the time acd attention to digest it
The Republican has maintained tbat water
transportation is absolutely e*ss tal to
relieve the pent np produce the West has
been wasting for want of an outlet, and has
frequently shown—what any newsboy in the
commnniry can see when it is pointed ou'—
that the Mississippi river improved and these
water-ways to Atlantic opened are all that
are needed, acd when it is known tbat no mul
tiplication of railroads can affect, by compe
tition, a reduction in fnights to correspond
to the difference between the rates *»y canal
and rail, since the eott by rail b ab ut three
times aa much as by the proposed cun’, the
facts stated in this comprehensive report will
be seen to be very forcible.
We learn that tbe committee on water lines
in the Senate has been instructed to sit during
the recess for tire purpose of gathering addi
tional facts relariag to tbe important subject
they have under consideration—Minovrilic-
publican. _
Mrs. A. IL Stoddard, of Savannah, died
Sunday. 6 th instant.
Dr. W. 8. Green, of Muscogee county, died
April 7th.
W. S. Brown vs. W. H. Fentons. Proceed
ings to dispossess tenant, from Fayette
WARNER, C.J.
The plaintiff in the Court below sued out a
warrant t’* dispossess the defendant from a
tract of land in the county of Fayette, trader
tbc 4005lb section of the Code, as a tenant
at sufferance. Tbe defendant filed his coun
ter affidavit denying that he held the posses-
sioh of the land, either by lease or rent or at
will or by sufferance or otherwise, from the
plaintiff. On the trial of the issue before the
jury it appears from tbe evidence in the re
cord that the plaintiff sold the land to the
defendant for the sum of $1,200 the defend
ant paying therefor at the time of the pur
chase the sum of $300 in cash, and giving his
two promisaiy notes to the plaintiff for the
balance of the purchase money, one due 25th
December, lfcCS, the other due 25lh Decem
ber, 1869. The plaintiff executed his bond to
the defendant conditioned to make bim a title
to the land if the notes specified therm should
be paid when the same became due. Tbe
defendant went into the possession of tbe
land under this contract of pnrehsise and bus
made improvements thereon to the value of
$170. The notes were not paid at matnrity.
The Court charged the jury *‘that where one
party gave his bond to another for title to
lands conditioned to make title to said land
when the purchase money should be paid, and
that upon failure to pay the purchase
money by the obbligec when the money be
came due, be became a tenant at sufferance,
and liable t> be'removed b/ the obligor by
summary proce s, and also liable to the obli
gor for double rents from the time of demand
or notice.” Under this charge of the Court
the jury found a verdict iorthe plaintiff. The
defendant made a motion for a new trial on
the ground cf error in the charge of the
Court, and also upon other grounds specified
in the record, which w<ts overruled, and the
defendant excepted. The choree of the
Court to the jury was error, in view of the
facts of the case disclosed hi- t
The 2253 section of the Code defines the rela
tion of landlord and tenant i-i this Sta
When the owner of lands grants to an »?!
sirop’y the right t.» possts* an i vi j-»y *.iit i
of fcuoh lands, either for a fixed time, or
the will of the grantor, ami tLeicaant acce
the grant, the relation of Lnd ord and ’en;
exists between them. In tnvh cases the t
ant has only ansufract wLL-h he ana *t o
vey except by the landlords consent, and
which is not subject to levy acd sale Toe
defendant was net in the possession of the
land in question and^r a grant from the plain
tiff simply-* to possess and e .joy th«*
use of the land for any fixed peii *d
of time, or at the wi 1 of the plant;!
as his tenant, but was i r . p *sses«oi. .d. Po
land as a parch *ser thereof from th * *d m
lift under a contract made betwe n i.Vnm.ir
tbesaleof the land, and the bind so pur
chis^d by the defendant and h; Id by him
under a Ii -mi f*»r title, a pari of the purchase
mo’jty h ring been paid, w*ssubject to levy
and sale in *au-sfaci:on ot ju Jgments ob“ si nr d
against bim as liis pr-*iK-rty. Code 352L
Beside?, tbe plsi-itiff could have sued the de
fendant on tne io:e', when dup, for the un
paid purchase raon*y; obtaioed judgmert
thereon, filed a deed iu the Clerk’s office, acd
sold the land as the property of the defeo-
A. C. Schaffer & Co., vs.. T. B. Hunewell &
Co. Refusal of information,-irom Deca
tur. J
McCAY, J.
E, van in cases whore the-Jfui charges
fraud, if the Judge be faatis&ii from the
answer, or exhibits, or by afiUnrits, tbat the
equity of the bill is disposed of,-und dissolve
or refuse an injunction, this e^irt will not
reverse the judgment unless i^appear that
the Judge lias erred, oti some..-question of
law, or 13 grossly mis taken in liis judgment
on the facts.
Judgment affirmed.
Wbitely & Donaldson, r ■piesenteij by
Jackson & Clarke, for plaintiliV.n error. v
Flemming & Rutherford, (ot defendants.
A. B. Ilill, executor, vs. E/zibffh M.
Clarke. Dismissal of bill, from Coweta.
TRIPFE, J.
A testator directs his execu ? -v “to pay an
mini sum of live hundred dollars to his
wife, out of the net income of his estate, in
semi-annual instalments.” In another item
of his will he refers to this bequest as an ‘‘an
nul y devised to his wife.” N othing else in
the will defines or limits the krm of years
during which it is to be paid.
In four several items of his w:il he further
ive3, after deducting the foiej iicg annuity,
no fourth of the annual incom^arising from
his estate to four several set’, of legatees.
For three of said shares in tho income trus
tees arc appoirted. The fourth share i3 to
he paid on certain condition*, ; *rtli a remain
der created therein. No appointed
ttc-di iTiiiuii&tT/» tim pay
ment of any share thereof, except as to the
income.
The widow applied for dgwerin the land and
the same w is assigned to her. Subsequently
she executed an agreement with tbc legatees
whereby she relinquished her dower “ to the
estate and legatee?” on condition that the
legatees paid her during her life the annuity
given her by the will, and agreeing tbat the
estate lnulit be distributed, hut the relinquish
ment to be void if the C >urt3 would not de
cree a distribution. This the legatees and
the trustees appointed in tbe will agreed in
writing to do. The executor wa3 one of the
trustees. The bcnefic : arie3 of the trusts are
femes covert, and their children born and lo be
born.
The executor filed a bill in Chancery al
leging the foregoing facts, furl he rotating that
the conditions on which the fourth share in
the annual income was to be paid had hap
pened. and asked the direction of the Chan
cellor as to the execution of the will, that the
property might te divided and turned over to
the legatees and trustees “on the same basis,
terms, conditions and limitations as the an
nual income had been given” Ac, and that
the right of the widow to the annuity might
be secured by a proper decree. To this bill
the widow, the trustees, Ac., were parties,
and their answers admitted the facts as stated
and joined with the executor ia asking the
decree prayed for.
On the hearing, the Court, after the read
ing of tkcvtill and answers, dismissed the bill
for want of equity:
Held, That the rights of tbe annuitant,
under the agreement, and the liabilities of the
respective shates for ts pay me at, the condi
tion attached totiieiedaquislnnentof dower,
and the beneficiaries of said relinquishment
and of the estate being mostly femes covert
and children born and to be born, and who
take* the estate through tiustecs, make this a
proper c se for invoking the aid aud direc
tion of a Court of Equity in order that the
rights of all parties may be finally adjudica
ted, and all doubt as to the proper construc
tion of the will, and as to the time when the
distribu’ion of the estate can be made, may
bs removed, this Court holding that the gift
or bequest of the income carries with it tbe
corpus, under tbe limit Aliens provided in the
will.
Judgement reversed.
Lucius H. Fc itbersto-*, for plaintiff in error.
Samuel Freeman, for defendant.
acd a landlord to make s crop for one year,
by which the landlord was to furnish the
land and stock, and the frtedraan to work
the same, and to receive -one-half of the
cr* p uitde thereon, such a contract did not
make them partners.
Held, That this case comes within said de
cision. 2 . L:
3. There being sufficient ^evidence to au
thorize the verdict In this case, and the Court
below refusing & new trial, this Court will not
interfere on that ground.
Judgment affirmed.
W. F. Wright, W. A. Turner, for plaintiff
in error.
J. B. & Davis, for defendant.
Strallonla, m Han.
John Thomas was relating his experience
in the Conway House, and among other
things he declared that he could eat a man
whole.
“Bah!" cried Tom Staples, a led faced
woodsman, weighing at least two hundred;
“p’haps you could swallow me?”
“ Yes.”
“ I’d like to see yon do it.”
“I can do it”
“ I’ll bet yon fifty dollars you can’t.’
“I'll take that bet.”
“ Then let's sec you begin.”
“Not now. I have just eaten my sapper.
I Will do it to-morrow morning, in the pres
ence of as many witnesses as you may
choose, and it sbiati be done in the square in
front of the hotel.” -
This was agreed to, and the money was
put up. By the following morning the news
that John Thomas was to swallow Tom Sta
ples whole had become widespread, and-a
vast concourse, embracing men, women and
ess the won-
l ? c children,.had assembledtowitnesi
! uK; derful Tact. .
At fho appointed time Ihe chief actors ap
peared ia the square. John was smiling con
fidently, as though sure of success, while
Tom locked timid and unetsy, as though not
quite at rest concerning what was to become
of him.
“Arc you ready ?” asked John.
“AU ready,” answered Tom? “begin ns
soon ns you please.”
“Will you have tho goodness to take off
your hat?”
“Sartin.”
“Now your boots.”
Tom removed his boots.
“Next you will remove your coat. Those
big brass buttons might stick in my throat.”
Tom took off bis coat, and aa he laid it
upon the ground one of the cooks came out
from tbe hotel with a pail of meltc i lard and
a big whitewash brush which he deposited
by tbe side of John Thomas.
“Now,” pursued John, “you’ll take off your
stockings and then remove your pants and
shirt.”
Eh? D'ye mean mo to strip stark
naked?” queried Tom, aghast
“ Of course I do. The agreement was that
I should swallow you. You are meal, your
clothes arc not, nor were they in tho bond.
If you will strip I will give you a thorough
greasing, and double the bet if you wish. I
know 1 can swallow—or, at aU events, I can
try!”
Tom gave up the bet, aud inyited hi!
friends into tbc hotel.
PARLOR 1 MATCHES.
The Berrien County Agricultural
A asocial ion Blazes Away Against
Their Use as Injurious to
the Public Interest.
At the February meeting of the Berrien
County Agricultural Association a committee
was appointed to investigate the subject of
the parlor match and report the same to the
next regular meeting of this association.
ItSPORT OT COMMITTEE.
March 23,1873.
GcnU of the Association : Your committee
appointed to investigate the subject ot the
parlor match, at our last meeting, ask leave
to report: That while they arc free to admit
the parlor match for common family use is
far superior to the old sulphur match of a
quarter of a century past, yet, any new in
vention must stand or fall from tbe general
benefit derived from its use to mankind.
Taking this view of it, we are forced to re
port unfavorable to its use. —
1. Because it ignites so easily care must be
taken to prevent much destruction in the
hands ot careless parties.
2. Their use has become so general that no
cabin or cottage is withoutthem.
3. They arc so cheap that it invites care
lessness in the liaDds of all who use them,
rather than care.
4. We present stubborn facts for the con
templation of all classes of our countrymen,
to show that their use, is n* tended with more
loss and mischief iu u. . c i..i <, 'liau all
the benefits to be derived from their su
periority as a family necessity can possibly
award us.
From the best sources of information at
our command we learn there lias been sixty-
two gin-houses destroyed within our own
State, during the last season, traceable to the
use of the parlor match.
This alone would compel your committee
to report unfavorable to their use, and es
pecially when our own coucty has suffered
more than its pro rata share of this great loss.
But when we turn oar minds to other losses
by the s tme means, wc are astounded at their
immensity, and wonder that the subject has
not been looked into before by the wise and
prudent of the land. Cities have been con
sumed, towns destroyed, villages burned up,
factories laid in ashes and thousands of fami
lies have been made homeless throughout the
country; bnt few of us who have not seen
the smoke curl up from our own cottage door
by this destroying element. In view of these
facts your committee beg leave to submit the
following resolutions which they hops will
be adopted by the Association:
Resolved, That we earnestly entreat the
merchants of our county to buy no more
parlor matches, and if they cannot procure
the old sulphur match to leave us again to
our primitive way of procuring fire—by flint
and steel; and be it farther
Resolved, That we invite our agricultural
organizations of the State to pass Bimilar
resolutions, in order to put a stop to the
losses daily occurring in our midst; this done
and we feel assured but few gin-houses will
be destroyed another season. “A hint to the
wise is sufficient." AU of which is respect-
A ROBBER’S DEATH.
Terrible Tragedy in fiewtew-,
Long Isis itd.
A Robber Shot Dead by a Citizen
Who Discovers Him tax Ills
Yard—Three Burglaries
In One Night.
Frcm the New York Uciald]
Newtown viUage, Long Island, was the
scene of a terrible tragedy yesterday morn
ing. A burglar was shot and killed by a
well known citizen, who caught the criminal
n the act of entering his store. The encoun
ter lasted bat a few minutes, bnt the robber
is now a lifelets corpse and the brave citizen
who shot him is suffering from two wounds.
Mr. William E. Furman keeps alaige store
in Broadway. He is forty-nine years of age,
tall, weU built, with hair and beard prema
turely white, large, bold eyes, and an expres
sion of singular frankness and manliness. He
has always cnioyed the reputation of be
ing an excellent shot Twice before have
burglars broken into bis house. Some eight
years ago ha shot at one, who made his es
cape. Ever since he has always slept with a
revolver under hispiUow,
BEADY FOR AKT'EMEaGKNCT •
that might arise. On Thursday night he re
tired somewhat earlv. Ho was tired and
slept soundly till half-past two o’clock. He
awoke, and, as usual, stepped to the window
to look into his yard and sec that all wassafe.
It was datk. Themoon had disappeared be
hind the black clouds. He strained his eyes
and scanned every oblect in the yard. All
was quiet. Dark shadows seemed to fill tho
air, but there was not a sonnd.
He started, all at once. What was that?
The figure of a man, and right beneath the
window cowering on the ground. The
stranger’s head was bent forward as though
be were watching him. Who could it be ?
A thief, a robber—perhaps a murderer?
“ Who’s that?” Mr. Forman cried, break
ing the stillness of the night
Not a sound. Mr. Furman saw a shadow
passing back towards tho rear of the yard.
The man—for it was Ihe shadow of the rob
ber-glided quickly past the gate and disap
peared.
Mr. Furman's blood tingled through his
veins as he rushed to his bed and
GRASPED TBE PISTOL.
The window was open. The sky was
dark, and through the house the bleak wind
whistled mournfully. He ran back to the
window. There was tho shadow again. It
rushed past him. Hr. Furman raised his
pistol and pointed it at the man. He paused
and ran back.
“Ho cannot escape me,” Mr. Furman
thought. He knew very well that tho burglar
would try to cross the yard, jump over the
fence and gain the street. He fairly jumped
into his pantaloons and dashed into the street.
As he passed the comer ho saw the man
again. He was leaping from the fence. The
clouds had swept by by this time and the
moon shone faintly down. The burglar’s
burly form was now clearly visible. Mr.
Furman thought the man would flee, bat he
stopped and looked at his pursuer. They
met face to face. There was no escape for
the robber. He mnstjUe or surrender.
“Stand,” Mr. Fnrinan cried, and his pistol
was pointed at the criminal’s breast. The
robber drew his pistol. One moment more
and only one
OF TBE TWO UIQIIT BE ALIVE.
The moon burst now through the last
clouds that obscured it, and there they stood,
some ten paces apart, each staring instant
death in the face. It was one of those mo
ments tbat can never, neven be forgotten. The
still night, the dark sky, the pale moon, the
fierce winds, and there was the rebber before
him, his eyes flashing with rage and terror,
and his hand quivering as he held oat his
pistol before him.
Mr. Furman was cool aad self-possessed.
A moment before and his brain had whirled
round, and his form had been shaken by
violent emotion hut now he was comparative-
lycalm. A-fl53h—two shots—smoke wreath
ing above the ground, and the robber rolled
into the gutter. Mr. Furman fired another
shot at the prostrate form of the burglar.
The latter was wounded and writhing with
pain, but he had still strength enough to fire
at his adversary. Five shots followed in
quick succession. Mr. Furman was wounded
in the right hand and had received another
wound near the left hip. He staggered, but
only for a moment. The robber's pistol
dropped to the ground.
“tihoot him 1" he shouted as loudens he.
e uid, “he’s killed me.”
These words seemed to bo
ADDBESSED TO SOME HIDDEN COMRADES.
“Good God!” a voice cried from the dis
tance, “he’s shot. We'UkiU the murderous
sooundreL”
There were sounds of approaching foot-
_.eps; and Mr. Furman, nothing daunted,
rushed back into his store for his gnn. His
three boys had been roused meanwhile. The
youngest boy—a child of eleven—clung to
his father and prayed him not to go out. What
mortal agony the child seemed to suffer as
his father leit him again.
The spot where he had shot the robber was
now forsaken. He looked in vain for the
burglar aud his comrades. One of his neigh
bors came to the assistance of the brave man,
and, after half an hour’s search, they found
the burglar in Howard place, a distance of
100 yards from Forman’s house. There were
no traces of blood on tho way. It was evi
dent that the other members of the gang had
carried him to the spot, and then left him to
his fate.
The neighbors were by this time all awaked,
and the excitement in tho village was in
tense. It was found that two other houses
had been
BEOKEN INTO DDRINO TBE NIGHT.
The carpenter shop of E. L. Van Winkle
had been entered by burglars, who had
stolen all his tools. There was another
shocking discovery. Mr. Shelling, a tailor,
had been chloroformed, his shop had been
broken into end a quantity of clothing stolen.
spread his cheeks, his eyes became glassy,
the mnsclcs of his face and neck stiffened,
his breast heaved, and tt;eu he gave one
;6mg, lung sign of un.-pcsab'e anguish. It
•vailed his soul before his Maker. His head
fi ll back'; ho stirred ii-.v more ; he was dead.
A Herald reporter who vi-fied Newtown
. '-oorday saw the corpse: The robber was
a Glia' of thirty five, about--five feet eight
inch.a tall, thickset, with sandy mustache,
dark hi i- large Roman nose and.high fore
head. i -''■atnrcs were apparently those of
an American. The body presented ti terrible
spectacle. The shirt and clothing
WEBB CLOTTED WITH BLOOD,
and the face was of a ghastly whito. Tho
expression was one of i Meuse suffering.
It was supposed tit • . the man was some
Williamsburg robin r, out nono of the inhab
itants of Newtown were able to recognize
him. Detective Guidon, of Police Headquar
ters, and ono of tho most efficient detective
officers of this city, was sent for to identify
the body. This he failed to do, showing
that the man was not an importation from
New York. Mr. Golden carefully examined
all the articles found on the nun’s body.—
There was a gold hunting case watch, worth
at least $150; a latgo glazier’s diamond, a
heavy pocket knife, with a plate on one side;
a number of skeleton keys, a bunch of
trank and watch koyr, a pocketbook,
containing $10 85 (a new $10 Treasury note;)
• plain, neat gold ring, evidently a present
from a lady, with the figure 8 and the letters
A. T.; a small dark lantern, several scraps of
paper, two or three tom newspaper extracts,
and a pawn ticket, which will probably
LEAD TO. ms IDENTIFICATION.
The ticket was as follows:
"■"No.'iii.' :
ReSlMTSON & CO:, ;
195 Boweryj opposite Spring street, :
November, 1373..
S. H. Ambler. ;
$5 00'
S. H. Anchor. ;
One of the scraps of paper contained the
address, “230 East Tenth street,” and the
word; “Bihia,” and on tho other side were the
words, “Beider Morton.” The name, C.
Lebcwieker," was written on another scrap
of paper, and on a third, “Patent cement, 541
Sixth avenue.” It is supposed that tho name
(S. H. Ambler) given on the pawn ticket is a
fictitious name.
One of the most significant reminiscences
of the dead burglar wis a little newspaper
extract, “A Rambler No More,” a very pa
thetic poem from the Sunday News. Two
elegant gold sleavo buttons, with enamel
figures of flowers, evidently foigct-mo-nots,
were also found on his person.
At ten o’clock yesterday morning Coroner
Tewksby, of Long Island City, held tho in
quest. The following named gentlemen
COMPOSED THE JURY:
G. J. Grfrretsen, Foreman, Gustavos Bay-
lies, Thomas Warrin, C. A. Anderson, Chas.
F. White, Augustus Boa-rum, Joseph A.
Lawrence, Jr., Daniel Rapclyc, Cornelius
Rapelye, Aaron Howard, John Howard and
E. Deacon.
The first witness examined wa3 William E.
Furman, who recited the facts above nar
rated. George Burley, Mr. Snclling, the tailor,
and Joseph Holman wire next examined,
and the inquest was then adjourned until
Monday, at five p. m.
The local authorities have strong hopes of
identifying the dead robber and of tracking
his associates. It is supposed that they were
the same gang who committed tho numerous
small robberies which have occurred during
the last few weeks. Detective Golden is
positive that they did not come from New
York, but were Williamsburg thieves, and the
Newton anthoritie3 concurred in this opinion.
The excitement in the viUage is at fever heat.
Mr. Furman is the hero of tho day, and
many are tho good and peaceable citizens
who crowd round the robber's coffin and
view him os one who had but met his just
fate. _
An Hour In General Lte’a Boom,
fully submitted.
L. E. Lastixoeb,
H. B. Peeples,
M. F. Moboan,
Wm. Betiiune vs. The State. IJrrqlary, from
Coela.
TRIPPE, J.
1. An indictment for bu glary, charging
the offense to have been committed in the
night of a certain day, is sufficient, and it is
not necessary to allege the hour when the
burglary was cominittel.
2. Burglary m.iy be committed iu a house
which is “ the place of business of another
where valuable goods, wares or produce,
other articles of val tie are contained or stored."
if it be not the “ mansion or dwelling or
store-house” it is sufficient if it be proven to
be “the place of business of another where
valuable goods, etc, are contained or stored,”
althought that “ business” may not be of the
kind which is carried on in conducting a
“store-house.”
3 It is not necessary in order to
tu-l-iia the charge of burglary, to prove
the hou-e broken into and entered, wss
• he “place of business, etc,” used
for the pnyose of containing or
storing the iroods alleged to have been stolen,
If the goods were in fact contained or stored
in sucti a bouto a’ ihe time, it is sufficient to
support the indictment, and this i3 also suffi
cient although the t,«. incss done in the house
: nntciriied on wi or in the articles or
nods stok-ti
4 The jury liaii ig by thi ir verdict found
in the Oetcndiint did commit the offence
i.urged against bim,and there being strong
on to :unp i t the vir itet a new trial
iro: n lie gritite i on the ground that the
■ r tret is rouirari to the evi Icuceorthe law.
Judgment affirmed.
Suit'd 2b Brewster; W. F. Wiigbt, for
plaintiff in error.
A. H. Cox, Sotiaitor Jencr.i, for ihc State.
B. F. Whittington,
W. H. Lastingeb,
H. T. Peeples,
Committee.
On motion the above preamble and reso
lutions were unanimously adopted. On mo
tion of B. F. Whittington,
Unsolved, That a copy of the above pre
amble and resolutions De sent to the South
Georgia Times, Atlanta Constitution, Mil-
ledgevilio Union anti Recorder for publica
tion, that all papers friendly to the cause in
the State be requested to copy.
H. T. Peeples, Prcs’t.
L. E. Lastingeb, Sec’y.
A Card.
At tbc last term of Walker county Supe
rior Court I Dad a conversation with C. T.
Clements, the Solicitor General of the Rome
Judicial Circuit, in reference to certain re
ports and charges against him, which were
being circulated. In the course of the conver
sation Mr. Clements asked me to investigate
said Charges and reports, and if l found him
to be guilty of them to let him, the said
Clements, rest under them; but if I should
find that said charges were unfounded he
asked that I shonld simply say so.
Now after a thorough investigation I find
that the charges are not true—that ia con
ver3ation with his associates he was misun
derstood, and that the grossest charges
against him were entirely without founda
tion. It is a pleasure to me to state that Mr.
Clements is guiltless as to the charges made
against him and referred to in a letter writ
ten by myself to Col. R. M. Young, of
Gordon county, daring the late session of the
Legislature.
Col. Yonng will excuse the mention of his
name in this connection as he disclaims any
knowledge of the charges personally, and
only stated them as he had received them
from others. J. J. Wood.
La Fayette, Ga., April 7,1873.
„ ___ „ three or four burglars, in a wagon,
had entered the village at nightfall. They
bad evidently gone from one place to another
until the death of their lealer had compelled
them to flee. There was no clew as regards
the direction they had taken. As far as they
were concerned the three burglars were com
plete mysteries. Were they lo be unravelled
by the statements of their dying leader?
Furman and his friends had found him in
the mud bathed iu blood. As they gazed
upon him the robber’s heavy eyes opened for
a moment. Furman’s eye met his just as the
robber recognized the man who mortally
woundedhim. Heshotanjevilglance at him
and turned his face away. Two physicians
were called. They ordered
THE REMOVAL OF THE DYING MAN
From the Lexington (Ta) (Butte ]
In strolling around, the first spring day, we
stopped at the Memorial chapel and passed
through tho rooms particularly associated
with the memory of General Lee. Tho
guard—a student of the university—walked
With us through the apartments.
Over the marble elib in the centre of tho
library room, are wreaths of flowers, crosses
and crowns of immorUUet in a circle of autumn
leaves. The marble is inserted in the floor
and over the vault.
From this room a door leads into the of
fice once used by the Secretary of the faculty.
This Is now bare and empty. From this
apartment a door opens into a small hall and
then into the “General's room,” as it is called.
It is well known that its furniture has never
been changed. It remains as left by General
Lee.
The round table in the centra of the room
is still covered with his papers—all orderly
arranged. The scraps of blank paper were
kept in a systematic manner. A professor
took a piece for a memorandum, when the
general handed him a fragment from another
lot. He had intended the first sheet for an
other purpose. AU bis writing was done at
this table. He used an arm-chair with leath
er seat and on rollers. He wrote rapidly,
rarely interlining or omitting words. There
were no such things as rough drafts. He fin
ished at a single heat whatever ho had in
hand. When his feelings were enlisted his
pen never paused down to the last period.—
His “ orders,” or rather addresses to the stu
dents, and important correspondence were
finished with the ink wet on Ihe first lines.—
He never dictated, and used the official secre-
tarv sparingly.
His favorite pen was a large gold one of a
curious modcL It was almost as broad as it
was long. It was heart-shaped. A firm in
Baltimore owned the pattern. The first pen
of this kind used by bim wi’ accidentally
injured. Tbe writer, at the request of Gen.
Lee, carried it to Baltimore, while on a
Northern trip, and another made from tbe
original die.
The inkstand is still on the round table.
The ink is raised by atmo pheric pressure
applied by a screw. The inscriptions on it
directed the ink to be lowered when not in
use. He never failed to turn the screw and
let the mk down into the stand before leaving
the office. One of his secretaries noticed bis
regularity in this particular.
There was a lounge in the room; but he
never was known to rest himself for a mo
ment on it There never was a pair of slip
pers or a robe de ehambre in his room. It is
needless to say no cigars or pipes were there;
he wasn't friendly to tobacco. But once was
be known to violate tbe smallest propriety of
his position. During a doll routine of “Fac
ulty meeting," in warm weather, the Presi
dent dozed for a few minntes. He sat, as
usual, erect, bnt his eyes gently fielded to the
heat and humdrum. His colleagues, with
courtly grace, let the business pause till the
brief nap ended, and then started with the
lsst words the chairman had heard. This
triumph of Morpheus was not alluded to.
ear As a rule, women in English society
are remarkable natural—negatively natural,!
mean. English girls arc particularly simple
and unassuming. They are innocent of all
effort to impress or astonish. As all woman
kind should do, they in.lie themselves as
pretty as they can; but as to peismal superi
orities, their educators do not lay enough
stress upon such things to mike them ambi
tious in this way. All young ladies are taught
IV. A. 8 i
. M»-es
La-
Alabama New a.
No, I hav’nt.” was the reply. And the
robber winced under the intese bodily pain.
'Can I do nothing for you ?”
'Yes; the best favor you can do me,” he
gasped wildly, “is to pat a ballet through my
head and to end my misery.”
The men who stood round him looked at
the wretched man with something
ALMOST AKIN TO PITY.
j'l
dant as provided by the 3001(h section of the when a contract was
Building is on the increase in Montgomery.
Quite a revival of religion is going on in
Huntsville.
Tbe meeting of the S ate Press Association
ii at Birmingham May 15th.
D. h Sonthwick hasb*n elected chief of
t ie liie department of Eufanla.
A through line of steamers is to be estab-
li,'i. d between Selma and New Orleans.
, An attempt was male on Sunday night to
so, where tue Ii rn the court house of Lee county, at Ope*
saihoriz: tile l.ki
_ i Tiie Decatur News says reports from differ-
2. Iri 42 Ga. Ib p., 326. the Court held, thaj ent parts of the State, relative to the wheat
cf Ihe Oiur
oveirulinr Ii
in the mih.u
verifying tin
of errorin be
as to entitle lit:
and the more es
pleadings i:i _ib
issues raised i
1 bid of ( Vi- p bins C'in-
«,f .be grounds t-.keu iu
r trial, and tb: judgment
•v is a general j ('ament,
i*’0, ami noibiag »pi«Krs
ron or bill of exceptions
..is - rrue. no assignment
!.i d ... such ground’s*
this G.iur ;
. e ■!.
by a freedman crop, a: e discouraging.
Mow Congressman Flflmiljfl*—I
Ills Pacific Railroad PMMfc
A neater ot Grant's —tora afl gq|i
Ho TTerka Armlst far
a Pickpocket.
PAYING HIS FAJOS;
Correspondence of Ihe New York Sua.) - Q *
■Washington, April#, MIL
A story has been told me about the war
Congressman El dredge lost hk IhicMe MmL-
road passes which is too good to be 1M.
It seems that 8. P. Brown, who ta aaMte.
ber of Grant’s Board of Public Works a
partner of A. G. Cattell in all Navy Dm.
ment jobs, wanted to make a trip ts tka
Pacific coast lsst summer. There wars cer
tain little jobs to be manipulated at tka Man
Island Navy Yard, and Brown was to attaafl
to this business for the Navy Departaaat
Ring. Ho is aprovident man. and bdhra
with Poor Richard that If _yoo taka
care of tho penco, the pounds will taka car*
of themselves. He accordingly mada tr>
rangement with Charley EIdridreL ths B«P-
resentative of tho Board of Podoo Was
from Wisconsin, whereby he was to hmfll
use of his passes over the Union and OifiM
Pacific roads. Eldrcdgc'was quite wflBag to
accommodate his friend Brown, far ha Sad,
along with other members of the Board at
Works, done him many little favors Is Ike
way of letting him into sundry street p»*«»
and paving contracts. It is true that Chalky
had returned a quid pro quo tor these favor*
by acting as the attorney ot the board vtat
the Committee on tho District of Cotaahta,
of which he is a member, was inquir
ing into certain irregularities alleged nM
the Board of Public Works. However,
Shepherd, Cooke, Brown and others of the
District Ring had agreed to main jChartay
largo advances of money out of the DlMriet
Treasury to enable him to secure hit renaat*
nation for Congress, despite the efforts at ton
Board of Public Works: 'lita was tlS|
rest fevor, and of coune Chartay taUMU
irown his railroad passes in order that ha
might deadhead himself and wife over the
various roads from Washington to baa Fnm-
B DYING CHEAT TICKETS.
In duo time Brown and wife started far thu
Pacific coast. They were accompanied by
two gentlemen, who were interested with
Brown and Cattell in their operations at Kan
Island Navy Yard. Brown had agreed to
bear the expenses of tho gentlemen to ta
Francisco and back. Here again he showed
his appreciation of poor Richard’s advtau
about taking care of the pence by pmchMtar
at different points from hotel clerks railroad
tickets for his two friends, which had only
been partially used. This woiked vciy w«U
until on the return trip he purchased of «~ny
Jews at Ogden tickets to Chicago far hta
companions. Now it seems that a few days
before the arrival of tho Brown party at
Ogden n pickpocket had gone through m
eastward bound train and relieved u nuabvr
of passengers of their pockelbooks aad rail
road tickets. The tickets were sold to tha
Jews, and two of them passed Into the pom*-'
sion of & P. Brown.
Two of tbe passengers who had iufttud
from the skillful operations of the thief wen
methodical business men, and had taken thu
precaution to make a note of the number uf
their tickets. When they discovered their
loss they immediately notified the deteefivee
at Omaha to be on tho lookout for the tUif
or thieves, and they were particular to (tali
tho number of their tickets. The detectivsu
were accordingly on thejuiriwforthelight*
fingered gentry, and kept a regular watch ou
all the trains coming Into Omaha from the
West. They had an arrangement with the
conductor by which one of their wwta
always accompanied him through the train
while tickets were being taken up jut before
reaching Omaha.
FINDING THE HOLDERS.
They had not long to wait, for on the third
train they went through in this way they
discovered tho identical tickets in the pos
session of 8. P. Brown; and making luro
that they had the thief or his accereorta, they
arrested him and his friends on the spot.
Of course a P. was very much surprised,
and indignantly demanded what au this
meant He was coolly informed that he and
his friends were thieves, and had stolen ths
tickets aforeoaid. This was too much for tha
virtuous member of the Washington Board
of Public Works. He had no objection to
aid in robbing the people of the Dhtrtat of
Columbia by wholesale, and it would not
have troubled his virtuous soul an instant to
have been charged with that sort of oflaoro.
But to be classed with common pickpock
ets and low thieves was more than he could
stand, and, his great soul swelling with right
eous indignation, ho struck a belligerent atti
tude and in thunder tones demanded ot tbe
detective if he knew who he was talking to.
The detective intimated that he didn’t care a
continental who ho was, he must go aloog
with him to Police Headquarter*. “Go to
Police Headquarters l” thundered ha. “Why,
I am S. P. Brown, a member of the Board of
Public Works of Washington City, and aa
Intimate friend of Secretary Robeson and
President Grant 1”
TAXING FULL FARE.
By this time a crowd had collected iu thu
car, and among the number the conductor,
who had passed on into a forward car. Ila
was in time to hear this declaration coming
from a gentleman whohe supposed wee Con
gressman Eldredge. It was now his turn to
speak. He did it qnietly and with the ut*
most urbanity, by requesting Mr. Brown to
repeat his name. This a P. did with much
emphasis. “Then.” said the conductor, ”1
would like to take another look at the
free pass you have been riding on.” This,
of coarse, took the starch right out of
Mr. Brown, and ho would fata hurt
made a little explanation, bnt the con
ductor was not in the humor for explsnetfcmu
and demanded the pass. With a|rery shMp-
ishlook 8. P. produced Charley Eldredgrs
loss, and seeing that this made thing* loeka
title bad for bim ho produced other docu
ments to satisfy tho conductor and the de
tective that he was really & P. Brown tad
not a common thief who had stolen Chartay
Eldredgc’s pass as well as the railroad tiofcata.
Tho resnlFof this little matter was tha rnule
cation of the free pass by the conductor, aad
the payment of fail fare from San Franctaoo
to Omaha by Brown for himself and wife.
Dully Condensation*.
An Indianapolis hen thinks two eggs a day
something to crow about.
There are six and four-tenths persons to
every house in Philadelphia.
A fascinating widow of eighty-five iu In
diana lately captured in matrimony u thought
less youth of only seventy-two.
An accepted suitor ia California last week
sold bis interest and good will in hta efflaurod
to a rival for tho price of a new coat.
Eighty-four per cent of the population of-
the New England States, who are under
twenty years of age, have three or non
to the conet houtc: There his bloody form
was deposited on a stretcher. His face bore
an .expression of wild rage, and he pressed
his hands upon his breast, as if to stifle the
ogony he was suffering, his features looked
scarcely human. He was shot in the abdo
men, just below the navel, and there wes no
hope of recovery.
“Where ere yun wounded?" Dr. Gayler
mildly asked.
“in the groin,” the dying man answered,
with a piteous groan.
“What is your name?
There was a pause, and a strange light
gleamed in the robber’s eye. A groan of , . „ ,•
pain was stifled on his Ups. “It’s noimaieri- Shelias hardly her,equal anj where? Bat the
aL” he gasped British maiden is taught that ambition in
“Have you any friends with whom you character is not adisir.ble thing. The nat-
wonld like to communicate?’’ the Doctor nralaess sad prop;uty which accompany this
asked.
a certain mode of deportmen<|wbich is excel
lent so far as it goes. The chief precept of
the code, whether inculcated or by the silent
feeling of society, is that each young lady
mist do as the rest. That “young English
g rl,” jwlo is)'he theme of tho novelists and
the magazine bards and artists, easily merits
aU the adulation she receive*. Does not all
the world know, it it not almost an imperti
nence to say, that for digriiy, modcaiy, pro
state of mind are not particularly admirable.
E. S. Xddal, in April Atlantic.
Butler's Three Cents.—Since his fa
mous response to one of bis constituents
with'regard to tbe salary steal, Ben Batter baa
been in daily receipt of letters from others
of his constituents, requesting him to forward
to them tbc three cents which he admits to
be due to the lix-paycrs on this account
„ . . . . , . Buffer reglies promptly in each instance, but
Nota word was spoken for several minutes, of franking the letters places •
The silence was only broken by the moans of sUmp Tho letters are
the dying man. L OI .pdo ihn,.
“Is there no hope at all, doctor?” he asked w AprU 1,1873.
“‘“No” the doctor repUed, Badly, “your y<rar **•* c “ t ‘
wounds are of so fatal • character that you on the outside of this letter,
can live bnt a few hours more."
The robber’s lips quivered, bat he spoke
not a word. He seemed to form one word Csnnublalltlea.
with his quivering lips and to repeat it in
cessantly. It was the word -death." Yes,
Yours, truly, B. F. Butler.
the Angel of Death was near him.
“Do you wish to see any clergyman,
Protestant or Catholic?” the doctor panned.
His Upe moved. “No, I don't wish for
one,” was the answer; “ he could do mo no
good.”
He folded his bands across his breast, as
though in prayer. A deadly pallor over-
A domestic broil makes an unsatisfactory
meal.
A beau of much experience says that “Ihe
time for a fellow to leave is when a young
lady asks him how the walking ia.”
The scientists have discovered that the
reason a woman can keep • lover by her
tears is because love, like beef or pork, *
best preserved by brine.
Pelham, New Hampshire, hat a wosaaa
who was not married till sixty yean of ago,
bat his had four husbands since, and ta Mow
widow.
Paris, Kentucky, tho county teat of Bour
bon, and the place where the best whtakv iu
the world is made, has so many total sseti-
ncnce people that it Is proposed to prohibit
Ihe sale of liqnor within its limits. This ta
not the only case where the prophet has
lacked reward in his own country.
IS* We have great respect for tho Lafay
ette Journal—it tells a snake story to wen.
Says the Journal: “On last Friday a eitirou
of Danville, Illinois, was buried. After tha
funeral cortege had started a snake at tho
bine-racer species wss observed folk)wing be
hind. It continued thus to follow until tho
cemetery was reached, when the aerpoat
jumped into the grave and coiled hliiooif
around the box containing the eoffla. It
there remained until tho sexton dispatched it
and laid it ont npon the ground. A baud Of
music headed the procession, and the qateiou
is whether it wa^that or some other CMOS
which led to the singular conduct ou tho part
of the snake.”
Danbubt News Items.—Muskrats tan
their tails to the north when thinking, which
is said to be a sure sign of something.
Two people in walking together will al
ways avoid the path. One will walk on each.
It shows how unselfish we are as a people.
Good clothes and talent do not go together.
If yon have good clothes you most he con
tent. Our clothes arc not very good, although
we did not notice the fact when wo con-
mcnced ibis item.
JT The Rochester Democrat ta i .
ble for the following: “One evening loot
week, at the opera house, as the play was ap
proaching the crisis, a gentleman in on* of
the orchestra chaiis became so much excited
that when Miss Fermin exclaimed: “Gnat
Heavens 1 what have I done?” he raised fa
his scat and shouted with a denunciatory
gesture, “You’ve raised hell I”
fyjfr. Eugece Beebe, of New Yovkcfcy,
hat received a letter from the Han. Goo. *
Pendleton, in which he says: “I am whin
ly awaiting the result of Mr. BoatwriF* poli
cy, for if he can carry it to its legitimate con
clusion without a crash, a new on hn
dawned in the financial hirtoty of thu
,wodd.”
IinOISTINCT PMNT