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ATLANTA. TUESDAY, MAY SO.
•lam Koad nkla-Plaairraot IkeCaa*
federate Tl«r.
I» IM,«M9dug^aMaarcclheUs»-
1 i'iit of Oaigla aulb irizetl tbe issue of
a'lin plaster* f.ir charge by Ihe Slate Road.
A Iai0i Mwant variously oliraatcd waa
issued. Qua. Ilrown (Flimsies the »nm
100,000. HnJ-w Walker, Misti r of Trar.spor-
tailor, pate it as Ugh aa $80,000. The latter
figures are probably correct.
The last Legislature paged a law anther
lain? the appointment of an auditor to andit
these shin-plasters and report to the Govern
or, who wifi psy Ihdr Talon Colonel J. A.
R Ranks, of Dalton, was appointed auditor,
and has been and it now engaged on that
work. Tbe time boot on the 1st of Jane.
A boot $ 15,000 have been audited so far.
The issue ranges from fire cents to ore dol
lar. Of the dollar currency, only fifteen
thousand were authorized. Tbe counting to
very tedious. A day's work only counts
about twelre hundred. A great many are
rrry toiled and worn. Bat large numbers
bare not been used. Tne parties Isbi them
away. It is a curious feature of these war
daya that this money, issued for change,
should hare been zeized aa an inresunenlnnd
stored away for future use.
Parlies who hare these shin ptasten shoo'd
bring them in before the first of Jane. A
good deni of speculation hi them baa taken
place since tbe war. Borne men, believing
in Ibcir solvency, bare bnnled far and wide
for them. One gentleman baa purchased
some seven or eight thousand dollars at from
ten to thirty cents on the dollar.
Hurry up your State Road shin-ptaa'.era, if
you wish to realize anything on them.
The Slan-Trsp of rim,
The fall of Ihe Dixon bridge it additional
evidenco of tbe fearful demoraliztlion that
baa crept into all grades of official life. The
bridge was a ’Tracsdell-truss” bridge of fire
spans, resting on brick pirn, each span being
about 120 feet in length. This trust Is a pretty
cobwebby thing—a thing of beauty but not a
Joy forever, aa tbe people of tbe little Western
city know to tbeir inexpressible sorrow
and denotation. Its principles are rad
ically erroneous. These trusses are com-
P°ac(l of two iron cords or horizontal
bars, tbe lower one of wrought iron to bear
the tensile strain upon it, tbe upper of cast-
iron. There primary and essential cords
arc held together by various braces and mem
bers, diagonal or perpendicular. For pur
poses of economy, the Trneadell truss makes
tbe upper sad lower cord of much smaller
size (ban usual, and subatitutes two or three
cords Inside the other and fundamental two,
Wlcli not only do not relieve the two main
cords, but actually add to tbeir weight that
those cords matt support.
Tbe trass had been thoroughly tested in the
Wes', and every trial waa altcnJed by fail
ure. Ho railroad company would touch the
pretty fabric* from Massachusetts. In the
neighboring town of Elgin one bad fallen,
with a crowd of people gathered to witneaa
a boat race. Another at Rucktown, in tbe
name State, waa removed hectare it tagged
and threatened to fall under its own weight.
And yet, in Ihe face of mil there facts, Hr. L.
®. Trucsdell succeeded hi inducing the city
authorities to erect the fatal spans, in 1868,
at s cost of $83,000
.liow was it done T The plans were adopted
by a bare msjoriiy, without competition, and
against tbe warnings of tbe minority who
protested that the bridge would be unsafe.
It is the hackneyed post-bellum story over
again. Fbur of Ibc eight aldermen were
This to a fine showing for Georgia Jlc-
b night l>y the bridge contractor at pricey ferrtag to tbe new bonds, the Governor shows
ringing from $303 to $5001 E. B. Baker nppihat, as they are to ply up past due interest
and bonds, they don’t increase tbe public debt
any.
They are being rapidly taken, and consti
tute a splcddkl investment.
cored $900 and It. F. Becker $400. And
noty. of course, follows the corollary—the
work was slighted to make tho corruption
profitable. Cast-iron was put in when the
spccMIctlloes called for wrought iron, and,
in sumo cues, pnlly ssberc there should hare
been bolt lieada lly the terms of the con
tract that nad fair enough, it was to bear a
wright of 180 Iona, hut no teat of its capabili
ties was made b ynud driving a fast trotting
bone over tbe roadway. Councilmen with
bribes burning in their pockets—to ore a
phrase of former days—are not apt to be very
kern in tbeir testa.
Every city is liable oow-a-days to contain
standing shams that tbe lirst targe load will
bring crashing down—not bridges alone, bat
municipal atrncinres of various kinds. Rotten
ness in the ccntrd power has begotten rot
tenness elsewhere; and, unless public senti
ment can be aroused, we shall read of more
scenes that will torn other tnsrns into cities
of tears. Tbe tide of corruption most be
stemmed, nr else the whole fabric of society
and government will be undermined. The
lobbying contractor and the infamous men
who sold themselves in Ihe City Council,
should bo held accountable for the mur
ders that were committed where tbeir wicked
trap waa sprang over tbe rocky bed and
rapid current of the river in Dixon.
VOLUME Vl.t
ATLANTA, GEORGIA, TUESDAY. MAY 20, 1873.
INUMBER 4
office of the government
pointment to to be made, an
wards, Cackling, and a number of lesser
lights, have been mentioned in connection
with the vacancy. There is one fset, how
ever, that has particularly attracted our al-
A», in tbe care of every other high
‘ to whicb an ap-
. . mg all tbe names
spoken of, there to not one to be found from
the South. A* usual, this section of tbe
Union is to be tabooed and set aside, and,
in the care before ua, under circumstances
that are truly remarkable, for of the nine
members of the Supreme Court before the
death of Mr. Chase, without exception, they
were all residents and citizens of the North.
The Couth, since the death of Joitiee Wayne,
has not bad a single representative
la tbe tribunal that is to pass in the last re
sort upon the rights of citizens and States;
and that, notwithstanding that two vacancies
have been filled by the present admin is tra-
tralion. thus affording an excellent opportu
nity for Justice to our section. A third hav
ing happened, and tbe President having de
clared the Union fully restored, all tbe Stales
and tbe prevalence
ot universal peace, it would seem both grace
ful and just that the new Chief Justice
should be taken from a Southern State.
President Grant now has it in his power to do
a handsome and a just thing; and while tbe
South would be proud of the distinction, the
North, witb etahtmemben of the court out of
the nine, would have no cause of complaint.
Our section is by no means deficient of
material fit for tbe exalted post of Chief
Justice, especially if the President should, as
be ought to, discard political consideration*
in conferring the appointment. We might
enumerate many of our Southern jurists who
are worthy to be the successors of Marshall
and Taney, and several names occur to ns at
this writing sa eminently qualified, in cfaar-
r and legal attainments, for the exalted
msition. Our own State Chief Justice,
Iiram Warner, or ex-Justice John A. Camp
bell, of Louisians, would grace it well; or
Grant would do well to appoint that Ajax of
the Southern bar, Benjamin H. HilL We
hope tbe President does not sympathise with
tbe prevailing sentiment around him, that all
posts of high distinction most be filled from
the men of tbe North, and that in this new
appointment be will favor us with a practi
cal illustration of bis convictions that tbs
country is united and at peace:
Aatlaassl Geld Bantu.
There are now in existence five gold banks,
two of which are at San Francisco, one at
Stockton, one at Sacramento, and one at
Santa Barbus, C»1 fornu, tbe tatter having
been authorized to-day to organize under the
set of 1810, with a capital of one hundred
thousand dollars. All of these are zuccetafu]
and doing a good business, quite in contrast
with tbe gold bank which w.s established
In Boston, but which could not make the
thing work, sad went into volantary liquida
tion. None of there national banks are al
lowed to have a circulation in excess of one
million dollars. They arc authorized to issue
circulation redeemable in gold coin, and they
most at all times keep on band at least
Iwcnty-five per cent of tbeir outstanding
circulation in gold or silver coin of the
United States.
las Governor's Letter te Colsucl
nailing.
We give an interesting letter from Gov
ernor Smith to Colonel Nutting, detailing
Ibc Indebtedness of the State.
The bonded debt ard interest runs to
$9,036,500. The binding railroad indorse
ments are $3,158,480, from which little lia
bility wtil accrue in tbe Governor's opinion.
Tbe Ststo owns $8,018,800 of property.
The taxable property of the State to $238,-
363,203. Tbe income is estimated from all
sources at $ I ,*73.934 It will take $010,000
to ran tbe Stale. This will leave $073,981 07
to pay on Ibc interest of tbe debt. The
average interest is $632,515. This will leave
$48,429 in tbe Treasury.
The Gotten Tax.
It U to be regretted that nn incorrect state-
met t about the action of the Supreme Court
of Claims of tbe United States on the cotton
tax should have crept into tbe public prints.
It has excited hopes to disappoint them. Our
Southern people arc largely interested in this
matter, ami we hope to see the day when the
Supreme Court shall declare the unconstitu-
tionality of the tax, and Ihe government shall
refund tbe largo amount of money illegally
taken from our people.
The incorrect statement that the tax has
been declared unconstitutional baa gone over
the whole country.
The mistake has grown out of tbe want of
legal discrimination in those reporting the
sea dee ded.
The Court of Claims has ruled in a number
\ esses that the cotton lax could not be re
tained by the gnvcrnmcntonl of tbe proceeds
of sales of captured and abandoned cotton.
Bat tbe constitotionalhy of the cotton tax
taw baa not been before Ibis court
The liuil Chief Just'ccshlp
Tbe death of Chief Justice Chase devolves
upon the P.esident the responsible duty of
■electing a successor for the high position
thus made vacant. With bat s single ex
ception, we believe, Hr. Cashing—daring Ihe
administration of President Washington—va
cancies in the efflee ot Chief Justice have
always been filled from the berch and bar at
large, and not from tbe surviving colleagues
of the deceased. Tbe same hss been tbe
practice in cases of resignation. At the first
blush, this would seem to be a singular if not
nnjnat rale. It looks rather negradont for
an outsider,perhaps one who has never filled
a judicial position of any sort, to be placed
at the head of a bench where members have
grown both grey and wire in tbeir experience
of the wooback. Bat.io it to; the precedent
hat been established, and a Justice or the
Supreme Court, however brilliant and a
fnl hi* service, can never look forward to
promotion. He must make up his mind to
live and die in s subordinate position, and, if
be should live long enough, to tee others who
have no claims of judicial service promoted
over ids head.
There is a reason for every rota, whether
sttisfactoiy or not. It has at least been so at
some time with those who made it; and with
out merit It could baldly command tbe con
tinned respect of the government and people.
In this connection, we have beard one or two
suggestions douching the office of Chief
Justice. First, it is said that the senior Jus
tice, who would probably be selected ss a
matter of decent respect, might be deficient
in point of qualification, and it would be im
proper to appoint a junior member of the
•ourt over him to the Chief Justiceship.
Second, the manifest difficulty in discrimi
nating among tbe surviving members of tbe
bench is no small obstacle. Thirdly, the ap
pointment of tbe senior Justice being freer
from difficulties than any other rale, the per
son occupying that position might be an an-
tagonistic, politically or personally, to tbe
President for tire time being that his appoint
meat to the Chief Justiceship could no* be
reasonably expected. For there reast
perbapa others that do not occur to ns, It baa
been deemed brat not to confine the President
to tbe court in filling the office of Chief
Justice, but to give him tbe whole country as
a fidd for his choice. Be this as it may. there
is no doubt of theexistenceof tbe precedent,
and we presume President Grant will fol'ow
the example of his predecessor* and select
successor to Mr. Chare outride of tbe So
premc Court.
And now the question arises, wbois to be
the fortunate man 7 Tbe prera of tbe North
is already teaming with speculations on this
point. Erarts, O'Coaor, Fientponl, Ed-
EXCITING SCENE IN COURT
Prisoners, Officers and Wit-
Fighting.
The Bad of tbe Lampley Murder Trial—
Tbe Prisoner Springing from the
Dock and Attacking one of
the Witnesses—A Pa
rlous and Bloody
Fight.
DECISIONS.
siTKEne coubt or ceobcis.
IkUeered at Atlanta, May 13,1873.
r JJLCUOX. icmsr cocnr ax-oora.
Baltixouk, May 9.—The court room at
Annapolis has been tbe theatre ot many ex
erting scenes, but tbe one which was wit-
neaaed this afternoon surpassed in thrilling
interest anything that hss ever been seen
in any court of this State. Thomas R
Holtahtn, with sundiy aliases, and Joshua
Nicholson have been on trial for tbe
tost few days far the murder of Mrs.
Lampley, ot Baltimore, on the night of
January 2. As the State’s Attorney via
making the dosing argument. Iloltahan
suddenly sprang from tbe prisoner’s dock,
and leaning over the rail struck Jacob Frey,
the Deputy Marshal of tbe Baltimore police,
a stunning blow on tbe head with a heavy
piece of iron wrapped in a stocking. An
extraordinary mriee followed. Frey, al
though stunned, wheeled around, jumped
over the rail, and grappled with hi*assailant.
Detecjives'.Schaeuer and Pointier ran across
the room to Frey’s assistance, knock
ing about lawyers and everybody in
their way. Bchaeffer snatched Ilolta-
kan’s weapon as ho raised it to
deal Frey a severe blow, and strode him with
it John English, a witness and an cx-prizc
fighter of Baltimore, rushed in and struck
Iloltahan s terrible blow on the ride of the
bead. He was also struck on top of the head
with* spittoon,making a severe wound.
Tbe spectator* were shoaling with fright and
excitement, and the air was filled with tbe
yells and exclamations of men engaged in
tbe straggle. The court room was densely
packed, and the exdtement was very great.
One tody witness jumped on top of her seat,
and uttered a series of piercing, hysteric
■bricks. Tbe detectives dapped their re
volvers to Uoltahan’s head, and swore they
would blow bis brains oat if be made any
farther resistance.
The Conrt acted with great dignity. Chief
Judge Hiller ordered that the prisoner should
be given into the cuatodyjof the Sheriff, and
he, with Nicholson, who took no part in tbe
affray, wu handcuffed and put in tho dock
again. Hollshan was bleeding copiously from
a wound in his head. The blood was smeared
over bb face and on his dothing, and he pre
sented a hideous spectacle. Frey received a
scalp wound, but be seemed to suffer very
little from it.
Tbe cause of the assault wu tho haired
Hollshan fdt against the police for tbe skill
with which tbe case wu worked np. The
weapon wu an iron staple, and some lamps
of coal placed in a stocking. Ho bad se
creted this in the breast ot bis coat. Ho be
haved with tho greatest bravado, saying he
would like to get a crack at another one
whom be named. He told tbe court be didn’t
care a d—n whether they hanged him or not
They could take him out now and hang him
if they chose. Half an hour afterward both
were found gnQty of murder in tbe first de
gree. They were remanded to jail and are
heavily ironed and strictly guarded. Sen
tence will be passed to-morrow.
ASOTIWI ACCOUNT.
On tbe night of January 2d. Mrs: Mary
Ann Lampley, an aged woman, wu mur
dered in this city and her boose robbed of
several hundred dollars daring the absence of
her husband. Some timo afterward Joshua
Nicholson, who married a granddaughter of
Mrs. Lampley, and Thomas R Whalen, altos
Hollshan, were arrested, charged with tbe
murder and indicted. The case was removed
to the Circuit Court of Aone Arundel, and
tbe trial wu began in Annapolis on Wednes
day lut Tbe testimony wu concluded
yesterday afternoon. Deputy Marshal Frey
and Chief Detective Crime of this city tcsli
Bed relative to the confession ot the murder
adrby thnprisoners. . *_
This morning when the cell of Hollshan
wu entered, it wu found that ho had worked
the iron off both legs. Subsequently he wu
taken into coart with Nicholson, and whilo
tbe trial was proceeding and the State Attor
ney wu making his closing statement, Hoila-
hnn suddenly sprang from tho prisoner’s box
ami struck Deputy Marshal Frey a stunning
blow over tho bead with a heavy piece of
iron wrapped in a stocking. Nicholson
also sprang nut of tbe prisoner’s b -x and
rushed toward Frey. Tbe scene wu
fearful and exciting, such as is seldom wit
nessed in a court of justice. Detectives
Pointier and Schaeffer rushed to the rescue of
Marshal Frey to protect him from the mur
derous attack of Iloltahan and to secure the
two criminals. Hollshan wu struck on the
head and badly cat, the blood streaming over
his face. Frey, though horribly stunned,
wu able to assist in subduing the prisoners,
both of whom were soon overcome and band-
cuflcd. After the excitement had subsided
the trial of tbe case wu proceeded with, and
given to Ihe jury at one o'clock, who soon
retained with a verdict of gnilty of murder
in the first degree.
A SPECTBK in Tne KITCHEN.
J. M. Elliot vs. T. J. Cox et ah Claim’from
Floyd.
WARNER, C.J.
This case came before the Court and wu
decided on an agreed statement of facts. On
the 11th day of April, 1870, at Rome. Geor
gia, T. J. Cox and E. O. Cox, hia wife, exe
cuted and delivered thofollowinginstrument:
“On or before the 1st day of November next
we cr either of us promise to pay to the or
der of Griffith, Clayton & Co., at their office
in Route, Georgia, $502.50 for five tons of
soluble guano, and one ton of Dixon’s com
pound, with interest from date, and we
promise and agree to deliver to them, for
storage and nle.oer cotton crop made on our
dentation in Alabama this year, aa soon as
t is made ready for market Value received.”
It wu admitted that the cotton was made on
the dcfendinl’t plantation in Alabama, and
icd by them on steamboat, consigned to
iUt, Clayton A Co., on the 4th of Janu
ary, 1871, that the citton arrived in Rome
the day after it wu ahipped, and, on its ar
rival there, wu levied on by an attachment
sued out by the plaintiff u the property of
Cox. The plaintiffs demand wu admitted
to be correct, and wu founded on the follow
ing instrument: “Rome. Georgia. August
25lh, 1869. Received of J. M. EUiott A Co. $330
advanced on my present crop of cotton which
I promise to ship to them for sale, on my
deranlt.ratcof interest 1J per cent per month.
[Signed] T. J. Cox."
The cotton wu claimed by Griffith, Clayton
A Co., and the question wu whether it wu
subject to tho plaintiff’s attachment, or
whether the claimants, u factors in posses
sion, bad a lien on tbe cotton for their ad
vance! made to Cox under tbe before recited
instrument. Tbe Court decided that they
were in possession of the cotton, and were
entitled to claim tbeir lien thereon for their
advancea made to Cox and wife u specified
in the contract. Whereupon the plaintiffs
excepted. The questions made in this case
were substantially derided in Wade & Co.
vs. Hamilton et al., 30th Ga. Rep, 450. It is
true that tho words in the agreement in that
case were, that the factors were to “reim
burse” themselves out of the proceeds of the
cotton promised to be forwarded to them by
Hamilton, which words are not in the writ
ten contract in this case, bnt in oar judgment,
taking into consideration tbe relative position
of the parties at the time the contract wu
made, as well u the character of the advances
made by tbe factor*, that it wu intended by
them that the cotton should be delivered
OT A number of California capitalists
have recently formed a joint-stock company,
witb a capital of $500,000, to raise Argon or
Cashmere goats on a large scale. They have
purchased the island of Gaodainpe in the
Pacific, from tbe Mexican government. It
contains 168,400 acres, on which are about
20,000 goats of tbe common short-haired
specie*. It is proposed to slaughter the com
mon male goats, and using tbe ewes for
crossing with tbe Argots breeds They ex
peel a profit of two millions dollars in the
coarse of ten year*.
Tbe fleece of the Argon g»t is exceedingly
valuable, forming the buis of the popular
mohair goods. There hu never been a suf
ficient supply of tbe raw material, although
the pri m frequently reaches three dollars *
A General M. D. Leggett tried the
basinets st Zmcsvillc, Ohio, importing three
handled goats, but the experiment f.iled.be
can c tbe climate wu assailable. In Cali
fornia and south of the Ohio the goat thrives
aa well aa in the native country. The toil
and climate -1 Georgia are admirably adapted
to goat culture.
riTETTE COUNTY.
A Cold • ale Ghost that Cooks lfo
Bleats aa midnight -Old Friends
Fall OBI.
Prom the Detroit Union. April *M
There is a bitter quarrel between two fami
lies living on National avenue, who have
heretofore been good friends. They are
both German, one rejoicing in the name of
Atrgcnsblicke and the other in tbe shorter
one oi Kopf. Tbe tatter owns a house on a
neighboring street, which hu always rented
at a good price until the present year. It
wu last winter leased to a son-in-taw of
Angenshlicke, for a low rent, on account of
family friendship. But he left it a week
later, and i (signed u a reason that it wu
haunted.
At first be refused to say more, but hia
mother-in-taw repeated this to a number oi
old friends, and they to others, until it be
camo pretty generally known in the neigh
borhood. tince then Kopf hu been unable
to rent it, and bad complained bitterly of hia
neighbor for causing him the loss.
Yesterday, however, be found a tenant who
u willing to take it, bnt some inlermeddlcr
told him of the story before tbe bargain wu
closed. He went to Augentblicke’a to ascer
tain whether it wu true or false, Mr. Kopf
w-companying him. They met the lut ten
ant at tbe door, and told him Ihrir mission.
At first he said he ”didn’t" wan’t to tell,” bnt
this made Kopf angry, and be told his story.
He asid (or three nights in succession be
heard strange noises in the kitchen. He
went there to see wbst the matter wu, and
each night found the fire blazing and the
kettle oo, u if tome one wu going to cook a
mesh The Ore died oat on his approach, and
ail wu silent. On the third night he de
termined on asking an explanation, and one
came that filled him witb borror. ne ap
proached the alovc and repeated, “Friend or
KAitort Constitution: Will you permit me,
through Tax Constitution, to tay a few
tbinga in reference to Fayette Spring Term
of Superior Court? Our moot excellent Judge,
lo-wit: Hugh Buchanan and Judge Bartlett,
of Ibc Ocmulgee Circuit, fjr valid and good
reasms, changed circuits. Judge Bartlett
presided at our court He being a stranger
to myself and most of our citizrna, I feel it
my duty, u such, to say, in honor to Judge
Bartlett, tbe citizen* of Fsyette are wonder-
folly pleased with him u a presiding officer.
He left no stone unturned that should be
tamed. He went through dockets in baste,
suffered no nnnecenaty delays. His charges
were ab'r, dignified and explicit, somewhat
stem. Yet, although courteous in his bear
ing. bnth to Ihe bar and citizens, suffice it to
•ay, ia oar opinion, tbe Ocmulgee Cireait, in
the prison of Judge Bmleti, hu tbe right
man ia Ibc right place L<ng may be wave
to commend virtue and coodemn vice. Bo
DM tabs:
Our crops in Foyrtte are not very flatter
ing: rather poor stands of cotton. Some
have planted a second time, others are rc-
‘ tling. With few exceptions, what hu
le np looks well. Tbe weather hu been
cool for the plant, u warm weather and
sunshine are almost indispensable to tbe cot
ton plant. < orn. though shrank, is improv
ing rapidly. Wheat sown on good land is
promising. If tbe weather continues warm
and p’easant, there will be a great improve
ment. 8o mote it be. Fanxrs.
A Call.—General Peterson Thweatt called
at this office last night on his way from At
lanta to Col ambus. His many friends will
regret to learn that he wu aloeer by the fail-
ore of King, of Colombo*, in whose bank he
Macon Tetegroph.
benumbed witb cold. In a moment more he
fancied he uw a face, ghastly and pale,
within an inch of hia own, and be could fed
a chill breath falling on bis brow, and in a
whispers voice said, “Hived here twenty
years ago. I wu murdered here and my
bones were buried beneath. They have lorn
them up and thrown them into ihe street. I
am here to revenge tbe deed.”
This ghostly revdstion waa corrobo-a’ed
by the fact that when tbe kitchen wu l a ll
cellar wu dog beneath.
A man living near says he saw tbe builders
throw np some bones when they were digging
the cellar. He supposed they were some
animal's bones, and paid no attention to
'lem.
Tbe tenant moved oat the next day. He
says he had to give some explanation, and
told some of his own family the bouse wu
haunted—that he never would have avid more
if Koof hadn’t insisted on iL
Kopf declares it ail a falsehood, and visited
a lawyer yesterday to see if be had any rem
edy against the slanders' of his property.
It is a strange story, and most rest on some
illusion of the brain; and yet the young man
who tells it seems entirely candid and cool
He is a man of undoubted veracity. He is a
native cf Germany, but hu been here since
childhood. His name is Seemsn. He is
practical machinist and engineer.
Papers Lest bt the Lite Chief Jus
tice.—Among the pa-era left by Jm
Chase in tbe hands of bis biographer are
diaries, which he kept with much regularity
dnrihg the greater portion of bis 1! e. It to
known that he wu in tbe habit of noting,
among other things, tbe discussions in Presi
dent Lincoln’s cabinet ot prominent topics
while he vs a member of it It is believed
sketches in 1
Stated the facts that transpired when the
assessment of damage* wu made, so that the
Conrt and jury coaid have derided whether
it wu made in accordance with the pro
visions of the charter. -The .condemnation
of the plaintiffs land for the nseof the com
pany, under its charter, depended on the
tacts connected with the proceedings had for
the purpose, and not on the opinion
of the witness. It was the province
of the Court and jury, to deride
from the facts proved, whether the plaintiffs
land had been lawfully condemned for the
nse of the company under the provisions of
its charter, and not the province of the
witness to decide that question, and in my
judgment, it wu error in allowing him to do
so over the plaintiffs objection. The plea
of the defendant wu not evidence on the
trial, betides it docs not appear on the face
of tbe paper set forth in the plea, that the
jurors summoned by tho sheriff to assess the
damages, were beholden, or that they took
tbe oath prescribed before any officer au
thorized to administer it, nor did theevidence
on the trial prove either of these facts. If
the original papers containing the proceed
ings under which the defendant claims that
the plaintiffs land was condemned for the
use of the company, bad been before the
Court at the trial, all the requirements of
the charter must have appeared on the face
thereof to have been complied with in order
to divest the plaintiff of his title to his land,
and the loss of the papers docs not dispense
with the proof of the necessary facts to accom
plish that result by tbtrffcst evidence in the
power of the defendant to produce. It
appears from the evidence in tho re
cord, that tho plaintiff wu an origi
nal subscriber of $300 jo the stock in the
Georgia and Alabama .Hail road Company,
and had paid two installments thereon. The
jury assessed the plain tiff’s damages for the
right of way through bis laud according to
the evidence at $509 to he paid in the stock
of the company. Whether the plaintiff
agreed that the jure might return their ver
dict that he should he pail for his land in
stock, og whether he agteed that he would
take the’ amount of the verdict in stock, is
not so clear, but no stock in that company
hu ever been paid, or offered to be paid him,
in discharge of that -verdict. There to no
evidence in tbe record that the plaintiff hu
ever been paid one dollar for his land, either
in the stock of the Georgia and Alabama
Railroad Company, of anything else. The
defendant offered him a certificate of stock
in the Selma, Rome find Dalton Railroad
Company which be declined to receive, and
there is no pretense that the plaintiff ever
agreed to receive the stock of that company
in payment for his land. The Court charged
the jury, amongst otlitr things, to the effect
that if the plaintiff
Georgia ana Ataban
would bo cbargable
to Griffith, ClaytOD A Co., aa the factors of -turn out the defendant, provided the new,
Cox and wife for storage and sale, in order ’’ " “— ’ ’ --■ *-’•*
that they might reimburse themselves out of
the proceeds of the sale thereof for the ad
vances whicb they had made to them, and
such we think is a fair iaterpretstion of the
contract. The case of Wade A Co. vs.
Hamilton derides that the delivery of the
cotton to the carrier consigned to Griffith,
Clayton A Co., wu a delivery to them, and
therefore they were in possession of the cot
ton M factors of Cox. The plaintiffs claim
wu for advances made on the crop of 1869,
and not on the crop of 1870. It is advisable
in all cases when factors make advances to
planters on tbe faith of their crops being
sent to them for storage and sale to re im-
burse themselves out of the proceeds thereof,
that the contract should bo definite and cx-
ilicit. We confine our judgment in thiscase
n the interpretation of this contract to the
relation of factor and planter, for advances
made on the faith of the crop of the latter.
Let the judgment of the Court below be
affirmed.
Underwood A Rowell, for plaintiff in
ror.
Alexander A Wright, for defendants.
Samuel Mublcy vs. A D. Breed, lessee. Eject
ment, Trora Floyd.
WARNER, C. J.
This wu action of ejectment br-ught by
the plaintiff against tile defendant to recover
po -session of a certain strip of laud on which
the defendant hu located its railroad. On
the trial, tho plaintiff proved title in himself
to the premises in dispute and possession by
tbe defendant. Thc'dcfvndant pleaded that
the land bad been condemned for the use of
the company under tbe provisions of its char
ter, and set forth in hts pica a copy of the
proceedings alleged to have been bad for that
purpose. After hearing Ibc evidence and the
charge of the Court, the jury found a verdict
for the defendant A motion wu made for
new trial on the several grounds stated
therein, which wu overruled, and the plain
tiffs excepted. By the Gtb section of the
charter of tbe Georgia and Alabama Railroad
Company, it is provided that in nil cases in
which any difficulty may arise between indi
viduals snd the company u to the right of
way, or damages to the land nn Which raid
road may be located, cither party may apply
to the sheriff of the connty in which the
land U located, who (ball summon a jury
ot fire freeholders, who shall enter upon the
land, and, after taking the oath prescribed,
award in writing tbe dam iges, if any, to be
paid by tbe company, and upon the payment
of the damages so assessed, tbe fee simple to
the land shall vest in the company. Some
ten or twelve years after this charter was
granted this company wu consolidated into
the Seims, Rome and Dalton Railroad Com
tany. On the trial D. S. Printnp wu of
cred u a witness for defendant, who stated
that he was attorney and agent of the com
pany nt the time, the assessment of damages
to plaintiff’s land wu made, and was; present
attending to the same; that the papers were
returned by him to the Secretary and Treasu
rer of the company, and have t-e- n lost or
destroyed; produced copies of the papers
which he stated were about the same u those
in the defendant’s plea, and gave them to
Sheriff Watters to serve, doubtless meaning
the original papers. The alleged copy of the
original papers which the witness produced
wu not offered and read in evi
dence to the jury sa far as the
record shows. The witness then testified
that he offered.the plaintiff a certificate
of stock in the Selma, Rome and Dalton Rail
road, which he declined to take, wbat wu
the amount of it does not appear. No offer
wu ever made to the plaintiff of stock in the
Georgia and Alabama Railroad Company,
nor wu there at any time any certificate ot
stock issued by that company. The witness
also stated that the plaintiff waa present when
the assessment w us made. The assessment
wu made in accordance with the provisions
of tbe charter, and all the notices required to
be served were cither served or waived by
the parties. This latter part of the witness'
statement wu objected to and the objection
overrated, and that is assigned as etror.
Watters, a witness for defendant, stated he
wu sheriff, or deputy sheriff, st the time of
the assessment; served copies ot the papers
banded him by Colonel Printnp, on the
plaintiff, bat does not remember doing any
specific act or acts, nor what papers were
served, bat remembers that he did what wu
required of him in hia official capacity; plain
tiff wu present at "the time of the assess
ment; made no objection. After the jury
a stockholder in the
silrotd Company he
notice of tbe con
solidation of that company with the com
pany of defendant, ana his consent thereto
might be presumed, and if be acqui-
escu in the building of the road on ins
lard by the defendaaHhe cannot now, by his
action of ijcctmcnt, recover tho land and
as well u tho old company had always held
themselves ready to deliver to him a regular
certificate of stock, to which he wu or it en
titled on account of tho assessment made u
before stated. There is bo evidence in the
record that cither the old or the new com
pany had always been ready to deliver to the
plaintiff a regular certificate of stock in pay
ment for his land. The only evidence in re
lation to that point In the case is, thst Printnp
offered the plaintiff.a certificate of stock in
the Selma, Romo and Dalton Rdiroad Com
pany, which he declined to take. The time
the oiler wu made, or the amount of the cer
tificate, is not stated. The fact that the
plaintiff wu a stockholder in the Georgia and
Alabama Railroad Company, although he
might have consented to its consolidation
into the new company, did not bind him to
accept the stock of the new company in pay-'
ment fur his land; ijc never agreed to take
the stockof that compnny for his land, and
no other stock wU ever paid, or offered to
be paid him therefor, so far as the evi
dence in the record shows. Tho charge
of the Court, ia view of the facts of
the case wu error. The defendant com-
S letetf its road on the defendants’ land in
fovember, 1808 In view of the facts udis
closed by tho record in this case, wo reverse
tho judgment of the Court below and order
a new trial, unless^ the defendant shall pay
lO thCJlMBtii&BtMMl. flfr&Ci hundred dol
lars with interest thereon from the first day
of November, 1803, and in the event the de
fendant shall do so, the land ot the plaintiff,
taken for the use of the defendant's com
pany, shall vest in the defendant, ua pro
vided hy,its charter.
Let the judgment of this Court be so en
tered.
Underwood A Rowell, Wright A Fcalher-
ston, for plaintiff injerror.
I’rintup A Fouchc, for defendant,
Alson Thomas vs. John J. Whitehead, ad
ministrator. Assumpsit, Dorn Floyd.
McCAY, J.
When in a pending suit between A and the
administrator of A’s deceased father-in-law,
in relation to certain money loaned by the
son-in-law to the deceased, and two other
of the deceased’s children testified cf a set
tlement between the parties, giving the de
tails of it, and in answer to cross interroga
tories, said that they were not present, and
that all they knew of it they got 'from family
conversations, the witness not recollecting
that A wu present at any of said conversa
tions, but giving his opinion that ho wu:
Held, That it was error to permit the an
swers u to the asserted settlements to be read
as evidence to the jury.
Judgment reversed.
Wright A Fcallicrslon, for plaintiff in
error.
Alexander A Wright, for defendant.
Selma, Rome ai>d Dal on Railroad vs. J. B.
Fleming. Case, from Floyd.
McCAY, J.
1. When there was a trial of a suit for
damages for ki ling the plaintiff's cow against
a railroad company, and the declaration
claimed u part ot the damages, expenses of
litigation under section 28 H of Irwin’s Re
vised Code:
Held, That it waa not error in tho Court
to permit the plaintiff to prove “that he of
fered to compromise, that they refused and
offered to pay me $30. I refused to take $50,
but wu willing to settle without suit.”
1. In an action against a railroad company
for killing a cow of the plaintiff by the
running of its cars, it wu not error in the
Conrt, to refuse to charge ns requested; “If
plaintiffs cow fell down a bank and rolled
under the train after the engine passed her,
or if the cow jumped on the track fifteen feet
in front of the engine, then the accident was
unavoidable and tho company is not liable.”
Whether the company wu negligent or not
it wu for the jury to find, and it wu not the
dnty of the Court to decide whether or not,
under such circumstances, there wu negli
gence.
3. Tho verdict is not illegal u contrary to
the evidence.
Judgmentiaffirmcd.
Printup A Foucho, for plaintiff in error,
W. D. Elam, represented by T. J. Alexan
der, for defendant.
spirit, whatever you maybe, I co inland you had agreed on a verdict plaintiff asked
to speak!" As he attend three words a cold him what it wu; told him it wu
breeze passed over him and be felt like one $500 00._
that his biot^hrewingiTe portions of these
w He then sai l he waa
take it pn stock of the company. There
are other witnesses who testified that the
plaintiff wu present when the assessment
wu made, and that he wu to take the assess
ment in stock. Wu the evidence < f Print-
np, which wu objected to, admissible for
the purpose of showing thst the plaintiff’s
title to Us land had been lawfully condemned
for tbe use of the companv under the pro
visions of their charter? In my judgment
itvnsnot. The land own- r stands upon
ail his legal rights, and when the compa
ny seeks to invade them under the authority
of its charter, the horde . of proof is npon
them to show that Uhv have strictly com
plied with its terms. Tire original papers re
lating to the assessment of tbe plaintiff’s
damages were lost. The n it best evidence
would have been the sworn copy thereof
which Printnp bad in Coart, nod if he could
have stated from I i* knowledge of the con
tents of the original proceedings that the
paper which he produced in Court wu a sub
stantial copy thereof, and it had appeared
therefrom, that the requirements of tbe char
ter had been complied with for the con
demnation of the ptaintilTi land to the
nse of tbe company, it would have defeated
the plaintiffs right to recover. What I in
tend to say is, that if the sworn copy paper
produced in Court by the witness showed on
the fsee thereof, that the provisions of the
charter bad beep complied with in assessing
the damages for taking thejilain tiff’s land by
the company, and the damages so assessed
had been shown to have been paid, it would
bare defested^he plaintiff’s right to recover.
Tbe sworn copy of the original proceedings
produced by the witness in Conrt, wu better
eridt nee than his oral declarations. Besides,
Us oral declarations thst the assessment of
the damages wu made in accordance witb
the provisions of the charter, wu a conclu
sion of the law, the witness should have
A. D. Breed, lessee, vs. R.V.Mchcll. Case,
from Floyd.
McCAY, J.
1. A non resident of this Slate, who is the
lessee of a railroad in this State, and therefore
liable to be sued u wu therailroad company
is none the leu liable to be proceeded against
by attachment u other non-residents arc.
'2. Where goods arrive at their point of
destination and the packages or cuks arc by
the fault of the carrier in a damaged condi
tion so thst they cannot be
handled without lo-s and farther
dsmag", it is the duty of the carrier to repair
the cuks if possible, before tbe owner can be
compelled to receive them, and if he refuse
to do this, the owner may refuse to receive
the goods and may recover the value, and
this without offering to pay the freights, since
tbe cirrier has not completed his undertak
ing.
3. Goods ttteprima fae’e presumed to have
been received by a carrier in good order for
shipment and if they were uni so, it is
for the carrier to show it.
Judgment affirmed.
Printup and Fouche, f ir plaintiff in error.
^ Wright A Featheraloa, fur defendant.
D. R Jtilche’l et al. vs Mayor and Council
of It i ne. Caw*, from Floyd.
TRIPPE.J.
1. The pri raplo that Ihe owner-f a build
ing erected on the line of his lot, may, lapec
of time acq-ii-e -a prescriptive right to the
lateral support of Hie ailj icent soil docs Dot
exist in this State, especially against a public
Or municipal corporation.
2. If the work of grading a street, filch u
digging below the foundation of a wall, or
under a wail and underpinning the same, be
done by the consent or direction of one of
the joint owners of such wall, neither of the
owners can recover damages from the city
council by whose laborers the work wu done,
on account of the falling of the wall being
caused by such work.
3. Where it wu n question at issue
whether such consent or direction wu thus
given, it wu error in the Conrt to charge the
jmyufoUows: “What they (the city council)
do, so far oat of the line of their
own business u to be evidently done
in the the execution of somebody else'* job, if
such owner wu present and knew what was
going on and made no objection, will be pro
nounced to be done by consent or direction
of such property owner, if nothing appears
to the contrary. But this presumption may
be rebutted by any sufficient facts or circum
stances, such u that the owner of the prop
erty protested against it, etc.”
The jury had the exclusive right in this
case to determine what presumption arose
from the facts proven by the evidence.
Judgment reverted.
Underwood A Rowell, D. R. Mitchell, for
plaintiffs in error.
Hamilton Yancy, for defendant.
H.B.Hill,ctal*vs.D 8.Printnp. FqtiitJ-,
from Floyd.
TRIPPE.J.
A Judge of the Superior Court in this
State, did not have tho power either in
term or chambers, under the Act of 29th
February. 1851, or nnder tbe provisions of
any statute, or of the common taw, to grant
authority tn a trustee, to sell and convey
land held by said trustee for an infant
ceitui qui tm»t, unless such infant wu made
a party to the proceedings instituted tor that
purpose, by a representative properly ap
pointed.
Judgment reversed.
Wright A Feathcrston, for plaintiff in
error.
Printup A Fouchc; Underwood A Rowell,
for defendant.
Napier and Use Juggler.
We give an anecdote illustrative of tho
unparalleled dexterity of the natives of India
with the sword, as well u of Napier’s sim
plicity of character. After the Indian battles,
on one occasion a famous juggler visited the
camp, and performed his feats before the
General, bis family anti staff. Among his
performances, this man cut in two, with a
stroke c f the sword, a lime or lemon placod
in the hand of the assistant
Napit-r thought there) was some collusion
between the juggler and his assistant To
divide by a sweep of the sword, on a man’s
hand, so small an object without touching
the flesh, he believed to be impossible, though
a similar incident is related by Scott. ioJiU
romance of the “Talisman ’’
To determine tho point tho General offered
his own hand for tbe experiment, and ho held
oat his right srm. The juggler looked ntteq.:
lively at the band and said he would- -not
make tbe trial. - - - ’ r
I thought I woo'd find you onli” exclaim
ed Napier. . -
“But atop,” said the other, “let me see your
left hand.”
The left hand wu submitted, and the man
then said firmly:
“If you will hold your arm steady I will
perform the feat"
“But why the left hand, and not the
right?”
“Because the right hand is hollow in the
center, and there ia a risk of cutting off the
thumb: the left is high, and tbe danger will
bo less.”
Napier was stnrllnl.
“I got fi ightcoed ” said he; “I saw it wu
an actnal feat ef swordtnanship. and if I had
not abused the man ns I did before my stnff,
and challenged him to the trial, I honestly
acknowledge I would have retired from the
encounter. However, I put the lime on my
hand, and held cut my arm steadily. The
juggler balanced himrelf, and with a swift
stroke, cut the lime in two pieces. I felt tbe
edge of thu sword on my hand, u if a cold
thread bail been drawn across it; and so
much,” lie added, “for the swordsmen of In
dia whom our fioc fellows defeated at
Mccance.”
Fearful Calamily-
From tin- M tc 'll Telegniph.]
One of ihe most feat ful accidents that ever
happened in Macon took place shortly after
one o'clock yesterday afternoon, al the new
Mercer Uuivcrslty building. A squad • f
nine men were engaged in putting up tbe
henvy iron cornice at thu west eml of the
building, when the scaffolding gave way, pro
cipilaling the five men forty five feet to he
S ound, crushing all of them in a most linrri
o manner. Three of them, all white, arc
dead; one colored man is believed to ia;
mortally wounded, ami another is severely
hurt
11ts CAUSE OF TIIB ACCIDBRT
was an insceu-c scaffold npon which the
were noiking. This scaffold waa erected
under lh” direction of the foreman, 5Ir. J. S.
Glober. It wa constructed by running nn
out-looker, of ineli and a half plank, through
each of throe windows. The-o plank were
fastened in-ide rgainst tho roof, and sun
ported ngainsl the window frames by pieces
of inch plank only. They did not rest upon
the window-sills, but were fixed near, or at
the top of Ihe windows, in order to raise the
scaffold as nearly as possible to the edge of
the roof. This delicate foundation was un
supported by cither upright or lateral braces,
but not upon it; f- ail ns It was, tho plank
were laid to complete the scaffold, on which
men were to ri k their lives.
On several occuiins Mr. Olo’wr wa
moDstratcd with in regard u the ins-i tirily
of this support, hut he invariably rep ied that
he knew what lie waa about, and was not
afraid to risk himself upon it. Major Fit is,
Mr. Pettis and even Mr. Adams, the Superin-
tendent of the work, talked to him about the
risk he was running, and on several occasions,
bnt ho turned a deaf car to all their advice,
and obstinately insisted that the scaffold was
secure and ho was not afraid to risk it ^
He did risk it, and yesterday afternoon, as
the five men were crowded upon one end of
it, lifting a heavy pieco of cornice to its post
tion, the scaffold gave way, and down came
the men in an awful catastrophe of human
destruction. Tbe men were mangled in a most
horrible manner. Legs, arms and ribs were
broken and crushed. One man had his neck
broken. All were covered with severe con
tusions. Their heads and faces wire terribly
braized. In short, they were ioj ared in every
conceivable manner in which men could be
injured by so Rightful a fall.
TUB DEAD.
The three white men who were on the
scaffold are all dead. Tho foreman, Mr. J.
S. Glober, lived about a half an hour. He
was a Chicago man, and left his home three
weeks ago last Monday, to take charge of the
iron work of the University. He had been
employed on the work two weeks. He leaves
a family.
Mr. A. Rowo expired in about fifteen
minutes after his fall. He was a young man,
of about twenty-five ycats of ege, and un
married, bnt was .the support of his mother
and sister. He was a native of Pennsylva
nia, and was employed in Philadelphia,
though his home was about a hundred mi cs
from that city. In about a year he would
have inherited a considerable amount of
property, which would have male him com
fortable for life. He was very much attached
to his sister, and only the night before the
accident lie spoke very feelingly of her. lie
said he was not homesick at all, bnt desired
very much to see bis sister, who was as dear
to him as his eyes. Though he had been here
but a short time, he had won the esteem of
those who had made hit acquaintance by bis
quiet, gentlemanly ways.
The third of tbe killed «us Mr. W. E. B.
Proctor.of this city, who had commenced
work on the building less than half an honr
before the fall. His body was shockingly
mangled, and be begged piliously to he taken
home. Hts mother was early on the ground,
and a conveyance was obtained and be was
sent home as he requested. But be was
fatally hurt, and lingered but a few hums,
and died bt fore night.
'If You Hold Me Up, I’ll Cive
Him Another 8hot.”
?pc:iil Corrctp-'K.denee of the Index.]
Riciuiohd, Hay 19,1373.
On the 5th of Fcbruaty last, thero appeared
t the fourth page of the Enquirer the follow
ing apparently hurmless poem:
“A,”
“ The first Figure in the German.”
“ AS EriGOAU.
Wu have received for publication the fol
lowing, from a loving swain who doubtless
has been kicked by bis sweetheart:
Wh-n Mars's queenly form I press,
la BtnaP latest watts
I wontd r a W--11 her tips caresa
Although thoeo tips bo false.
For still with firs Love tips hia dirt
THE VIRGINIA DUEL lie is now at tho residence of his mother, on
'Main street near Second.
Hr. Hordecai is a resident of Henrico
-.butto a lawyer practising in the
A Petticoat at the Bottom of
it, £8 Usual.
Desperate Hostility of Both
Parties.
Though she'd bo then the sweetest salat.
I’d .till reel like a sinner.
Its publication led to a correspondence be
tween Messrs. John B. Monlccai, n young
S ntleman of Hcntieo county, associated in
c practice of taw in this city with Colonel
John B Young, and Mr. Pago McCarty,
who was lately engaged in business as a to
bacconist here, in which the latter confessed
that he was its author, and the former sought
to hold him responsible for what he consid
ered a reflection upon a lsdy. The parties
are all of high standing in this community,
and through the intervention of mutual
friends the controversy which had arisen was
settled without resort to arms, ns stone time
seemed probable. The parties never after
wards spoke to each other, but repressed their
hostile feelings whenever they came together.
Last Monday evening they rccidcntally met
in tho rooms of the Richmond* Club, corner
of Franklin and Third strict*, and some rc-
mark made by Mr. McCarty to a friend with
whont be was converting drew the attention
of Mr. Mordecai.who waa a few feet distant,
and fhe tatter
* , DEMANDED AN EXPLANATION,
as it appeared to him that the words that
fell upon his ears were intended to insult
him. McCarty chose not to make any satis
factory explanation and Hordecai struck
him- Mr. Hordecai is shout six feet in
height, strongly built and is an active and
' -igoro. s young man of about twenty. Mr.
1 IcCarty is about the medium height and
to, I should think, about thirty-five years of
age. Mr. Hordecai was able easily to give
him a very severe personal chastisement,
which he did. Yesterday (Friday) Colonel
W. B. Tabb.of Amelia, (during the war of the
54lh regiment, Virginia Infantry, Wise’s
brigade) acting ;aa tho friend of Mr. McCar
ty, met Mr. Mordecai in the Capitol Square,
near the Washington Monument, and said to
him that he (Tabb) bad been requested
by Mr. McCarty to ask him (Mordecai)
TO NAME A FBIBND.
That, was at 11 o’clock. Mr. Mordecai
mined Mr. W. L. Royal), law partner of Gen.
B.T. Johnson. The seconds met and ar
ranged for a duel at G o’clock in the evening,
to take place at a point about a mile and a
half eastward of the city, and about three-
quarters of a mile from Onkwood Cemetery.
At that hour Mr. Mordecai, with his seconds,
Messrs. W. L. Roy mil snd Win. N. Trigg, and
Dr. Hunter Maguire as Burgeon, and Mr.
McCarty with CnU W. B. Tabb; and John 8.
Meredith, late of Ihe commission firm of Per
kins A Meredith, as seconds, and Dr. J. S-
Dorsey Cullen as surgeon, appeared on the
field. Navy revolvers, largest size, loaded
with army I utils, distance ten pacos apart,
had previously been agreed upon. Mr. McCar
ty’s second was given choice of position and
privilege of giviug
TUB WOHD.
Both gentlemen were perfectly cool; there
was nonppearance of agitation.
TUB DUEL
was fought on the York river railroad nbont
a half mile below Richmond, and 200 yards
tothcleftof Ihelrack. IloccurrcdaboutG:15
o’clock Friday evening. Four shots were
fired, the weapons chosen being Coil’s navy
pistols, at ten p ices distance. Tbe principals
were planed in position, and the words were
given, “Gentlemen,arc you ready ? fire! one,
two, three” At two luitli pistols fired, but
neither party was kit Tbe second then
stepped forward and asked each of tho gen
tlemen,
"Ann YOU SATISFIBD?”
Mr. Mc'hirty demanded a second fire,
which was promptly acceded to, and at the
next fire both fell wouaded. Major Poe, who
bad heard the pistol shots as he was hurrying
towards the field, now arrived and found
Mcssra. McCarty and Mordecai lying on the
g ound in pretty much the same relative po
sitions they must have occupied when firing.
He immediately placed under arrest Messrs
courts ot Richmond city. He is a nephew
and tho law partner of Colonel John B.
Young. Though quite a young man, he was
two years ago the Conservative candidate for
Commonwealth’s attorney in Henrico county.
He was removed from the field to tho resi
dence of his cousin, Mr. E.T. D. Myers, on
Franklin street near Monroe Park.
Colonel Tabb was formerly a practicing
lawyer in Amelia county, but now resides in
Charleston, West Virginia. He is extensively
acquainted in Virginia and West Virginia.
Major Meredith, some years ago, went from
Richmond to California, bnt returned to join
the Confederate army, and served with credit
throughout the war. Ho now lives in this
d Sr. Royall is n well-known and talented
young lawyer, and is from Culpeper county,
out has heen residing in this city for several
years. He is associated with General Brad
ley T. Johnson in the practice of law.
Mr. Trigg is a well-known resident of this
city. He was formerly in tbe brokerage
besiness here, and now occupies a responsi
ble position in the Principle-office of the
Richmond and Danville Railroad Company.
GEORGIA FINANCES.
Interesting Letter From Gover
nor Smith to Colouci Nut-
tii’ff About Them.
— aw no raw
pd and directed $1^00,000 of eight
bonds of the State to be ___
tor the purpow of neiluo
past due interest, and for the rederapthukeC
past due bonds, and such other bands
fall due within the next three Team
^Provides that the interest on theas, —
shall be payable in tho dty of New Tofik,
semi-annually, on the fint day of April M
the first day of October, in each year. The
further provisions ot the act nnnrnoij (a be
hero noticed are, that the bond* an to to
made payable in the city- of New York, an
the fi rst day of April of each successive rear,
as foiiows: tioo.ooo on the first dty of April!
187o, and $100,000 on the first d» of April
ot each succeeding year until the whole ton*
of bonds authorized by the act ahall be to!
Tho Governor is authorized and directed
to increase the per ccntage on the taxes to to
collected in the year 1874, and in every auo-
ccediug year, until tho whole of the boada
issued under the act shall be paid, so *!»*» the
taxes to be collected in these yean shall eat
cecd the amount otherwise authorixed to to
“wdhl by tho sum of ono hundred tboee-
and dollar*; and ho is instrueted by the eel
to appropriate this sum of $100,000 anneeBr
10 ■WWentoit of the bonds issued under the
act. Tho act pledges the frith of the Bteto
that these instructions to the Governor sM!
not be repealed, sod thst this $100,000 Shall
be annually levied, collected, and applied to
the payment of tho bonds authorised br the
set until the whole amount tiuii be p*H
The act further declares that these bond*
shall be exempt from State, county and jm-
nicipri taxation.
The bonds authorized by the act have been
prepared and are now being offered for sale
to the people of tho State. It should te
borne in mind that these bonds are not in
tended to increase the amount of the debt ct
the State, but are required to be so disposed
of as to extinguish past duo interest and re
deem past due bonds, and other bond* toll
ing duo within the next three yearn.
The annually accruing interest upon
these bonds will bo paid' promptly, aa the
same becomes due. The faith of the State
is pledged to raise by taxation $100,000 eaeh
year, to bo applied to tho payment of the
principal, until tho whole iseuo shall be re
deemed. Their exemption from taxa
tion; the high rate of interest they
bear; the ability of the State to
meet tho accruing interest promptly,
and the provisions made for tho redemp
tion of the bonds, unite to make these seea-
Executivb Department, )
State of Georgia, V
Atlanta, Ga , May 12,1873.)
Uon. C. A. Hutting, Jfaenn, Georgia :
Dear Sir- Your favor requesting a par
ticular statement of the debt of the State has
been received. Many causes unnecessary to be
specially mentioned have conspired to delay
the preparation of the desired statement un
til the present time. Great care has been
taken in preparing this exhibit to have the
samo set forth correctly the entire debt of the
State.
The bonded debt of the State contracted
irior to the commencement of Governor
luilock’s administration,aa will appear more
particularly and at large, by reference to the
tabular statement hereinafter given, is
$>,988,500. Gov. Bullock issued $3.000.C00
of gold bonds under authority of tho act of
September 15,187a Of these $300,000 have
been returned to the Treasury and cancelled,
and $102,000 have been declared void by
legislative act, approved August 23, 1872.
Tbe balance of this series, amounting to
$2,593,009, are recognized aa legal obligations
of the State and constitute a part of our
public debt. By an act of tbe Legislature,
passed at the session of 1872, authority was
given to issue $700,000seven per cent, twenty
year currency bonds, for the redemption of
our six per cent, bonds, falling due in the
summer of 1872. The account of
the agent of Ihe State in New York, show
ing tbe amount of the bonds disposed of, be
fore the order issued withdrawing them from
the market, has not yet been fully rendered.
It mav bo approximately stated, however,
at $280,CC0. Tbe amount of our put due
bonds, that fell due ia the summer of 1872,
still out standing, may be stated at $420,000.
From this statement it will appear that of
the $7U0,‘ 00 currency bonds issued as above
staled, to redeem our old bonds falling due
in Ibo summer of 1872, only $280,000 bare
been deposed of; aid no more than this
amount of the said issue should be stated as
a part of tbe debt of the Stale. The unre
deemed portion of our bonds, which matured
in the summer of 1872, and amounting, as
just slated, to .$420,COO, still form a part of
the public debt I have been thus particular
because in the reports of tho Treasurer and
Comptroller General, mado to the Leg
islature, at its late session, the whole amount
of said currency bonds wu included ia tbe
statement of our bonded debt Tho six per
cent, bonds in exchange for which these were
offerred were not embraced in either of said
statements. This inaccuracy was not very
material at the time these reports were sub
mitted ; but hu become so since on account
of tho provisions of the act requiring tbe ua- TP-meritlhc tribute you thus pay me ought
negotiated balance of said currency bonds to .certainly to fill to the full measure the vlr-
be withdrawn from tho market. *" *
The foregoing statement embraces the
whole of the bonded debt r f tho State, ad
mitted to be legal and binding, and ta partic-
u’atly set forth in tho following table;
When IsMcd. When doe. Amount.
IMS and lf« 1S73 $ 137,000
ISUoadlSri 1871 asi,soo
1858 1878 100,000
1859 1879 300,000
186*7 . .1’. 1880 300.000
1861 1881 100.000
1886 3600,000
1888 151.503
1807 1887 365,000
1870 1890 3,008,000
*In various rears 187S 430,000
1871 1892 390,000
best investment ever offered to the piople of
Georgia. An opportunity ta now offered to
trustees far an investment of the funds in
their hands, which will be at once safe and
highly remunerative, and capitalists of all
classes will find it to their advantage to invest
in these securities. Tho rapidity with which
they are being disposed of renders it quite
certain that within a short time the whole ot
them will be placed at par, and affords most
gratifying evidence of the confidence repeced
by the people in the frith of their State.
1 am, dear air.
Most respectfully your*,
James M. Smith.
General Cardan In Cliarlestera.
General Gordon, Georgia’s gallant Repre
sentative at tbe National Capital, hu heal
spending a few days in Charleston, whore he
hu been received with distinguished honor.
At tho banquet given by Colonel Lathers in
his honor. Colonel Simonton proposed u a
tout, “Our distinguished visitor. General
Gordon," to which the General responded,u
follows:
Ladies and gentlemen—Although I meet
many of you for the fint timo tilts evening,
I do not feel that I am in the presence of
strangers. ThcseJSoulhcrn people are united
by so many and such peculiar tics, that no
circumstances ot time or distance can moke
them other than ono people. And it ta one
of tho compensating circumstances for the
great calamities which have befallen us, that
our very disasters and the wrongs we have
suffered have only served to bind us the
more closely together. My thanks are due
fer the compliment of this reception by our
accomplished and hospitable host, who dif
fered with us in the late war, u well u for
that paid by the sentiment just offered!
In regard to the first compliment to which
have referred, let me say l regard it u the
evidence of a desire on the part of our host
for the fpeedy restoration of better feeling
between those who Have been embittered by
the war, and betwecnjthe different section* of
this distracted country. This, I am sore, wo
all both appreciate and sincerely reciprocate,
notwithstanding those unfortunate circum
stances which have leaded since the war to
incrcaso alienation. You have been pleated
in the tout offered by my friend to attribute
to me u a soldier more distinguished honor
than 1 can justly claim. Much of whatever
hu been considered worthy of note in con
nection with my services in tho army ta due
to the brave men, living and dead, who, at
any hazard, cheerfully executed my com
mands. To them let tho larger share ot
honor bo given.
* You havo doubly honored me by your
reference to what yotutre so generous u to
regard my present representative character.
Total bonded debt ...
To tho total bonded debt of tho State
should be added the amount due from the
State to Russell Sage, ot New York, my
$375,000, exclusive of an amount of interest
which hu not yet been ascertained. There
should also bo added put due interest upon
tho gold bonds iisucdby Governor Bullock
in 1870. I have no means of ascertaining
exactly the amount of tbis lut issue, but am
certain that it docs not exceed, to this date,
$375,000. Adding these items it will appear
- . that tbe debt of tho State, exclusive of the
John 8. Meredith ami W. B Tabb, acting for mcro floiling debL and our’ accruing interest
Mr. McCarty, and W L. Itoyril and W. R account, may bo stated u follows:
Trigg, acting for Mr. Mordecai, who prom- ToUI b]ra:oddcbt $8,380,101
Dn« Russell Bugs 375.000
Antarssttor interest
375,000
Total $9,036,000
ised to report ot Ihe Second pnlicc station so
oooa us they had taken their wounded friends
home, which wu immediately done.
Mr. McCarty hied a good deal on the field.
When Mr. Mordt cai wu struck he turned to
the left trad fell on liia face. Hia first words
Dors he demandnnother fire?” And
then he added, “If you'll bold me up I’ll give
him another." Both parties behaved with
the most undaunted coolness in the field.
The surgeons who accompanied the party to
the place of meeting were Drs. J. & D. Cul
len end Hunter Maguire.
H.uon foe's action
was based upon a very vague rumor commu
nicated to the teennd station-house by police
man Toler to the t fleet that a duel wu about
The information wu telegraphed to poltee the"Site 'wUTn^er^iflS uy TOnriJeriul
headquarters at a few minutes only before 6 *°2t ... ..
o’clock, snd Major Poe at once mounted his 1110 BtatC ’ oUier
horse and galloped to the cemetery. Arrived than her public buddings,
there, he found no signs of a duel and wu
unable to hear anything of the dnelista; but td! TVaTtkocuuidstares orstoe* in thc At-’
when almost ready to believe the report a linUc and Clair Railroad, or tho comical
canard he met a man who raid he had but a . v*i. Ba ot ...............— - 3,000,0C0
is not targe—probably not
exceeding $50,000 at this time—and ample
provision hu been made for the payment of
the same. For this reason it ta not included
in the foregoingatatement of the public debt.
The whole amount of bonds of railroad
companies claimed by the holders of the
same to have been indoned by tho State ta
$7,033,400. From this should be deducted the
amount declared void by several acts of the
Legislature, viz: $3,875,000—leaving
balance of indorsements recognized u valid
simultaneous reports, which gave him un
erring direction to the spot chosen by tho
parties, and in a few minutes more he ap
peared upon the scene.
TUB HOSTILE MESSAGES.
There is reason to believe that no written
A. J. King, administrator, vs. Wm. Newton’s
heirs. Appeal from Ordinary, from
Floyd.
TRIPPE.J.
An administrator who received Con'( der
ate money in 1SG2, and does not, by bis re
turns, or on the trial of a suit commenced
against him in 1871, give any explanation of
wbst became oi the money or what he did
with it, cannot (omplsin at bring held liable
for the full amount so received, especially
when the verdict is for ionr vests 1 -ss inter
est than what was dne.
Judgment affirmed
Alexander & Wright, for plaintiff in er
ror.
Wright A Fcariserston, for defendant*.
In regard to the wounded gentlemen, Dr. From cmer-l taxulon....
B. Dorsey Culicn, who is attending them, Bpeemta»< " -
informs us that Mr. Hordecii’s wound ta in Ball rental t
the abdomen,about three inches from the hip
bone and medcan line: It had on Friday
night all the appearances and symptoms ot
perforating the cavity, hut Saturday his phys
icians were encouraged to hope thst the wont
might not happen. Wo were then told that
unless fatal symptoms supervened in twenty-
four or thirty six hours, the patient’s chances
would torn in his favor.
Mr. McCarty was wounded in tbe hip be
tween the two bones wbich form the pelvis.
No bones were broken, and he is doing well.
The balls are in both gentleman, but this
THE WOUNDED
are B i j :m : n IVui c and El ward Holt, both
culore-J The form- r is believed to b: mor
tally wounded, tiwu.-li the doctor* say he
may live a day or two. One of his legs is
broken in t wo ptacra and one arm crushed at
the e-lta-w. The lower part of bis chest was
also badly crushed.
The other wounded msn may recover.
The cniv extern*! sign of irjury is a broken
thigb, snd if be liw sustained no serious in
ternal i> j tries, in -*.11 probability he will re
cover.
Tbe fall was outside the building into an
area. Two of the bodies rebounded through
an opening in the wall, and some dittauen
into tbe building.
Ed. Holt has since died.
tub principals and seconds
tuous ambition of any man. Would thst my
ability equaled my anxiety to relieve from
embarrassment this people. I am not with
out hopo for tho future. *1 do not believe
that the people of this great country ban
abandoned forever these distinctive features
of government, of equal, Independent
Btatcs, which were originated by our
fathers, and which havo impressed them
selves upon the characters of the citizen
end mado us a distinctive people. No peo
ple can long be truly a historic people who
shall lose their peculiar characteristics.
Hence I hope to see the day when all them
historic features of tho government shall be
re-established. Passion, which ta always the
enemy of wise legislation, is stiliin the way;
bnt it will bo banished by time, and better
men will fill public stations, when sectional
prejudices no longer enter into political con
tests. When an appeal to sectional passions
shall no longer be essential to party success;
when, in a word, the war shall be considered,
as indeed it was, a conflict of theories of gov
ernment, (and this timo will eomc) then' will
there be genuine peace and co-operation for
rad government all over tho country.
Again thanking yon,ladies and gentlemen,
for the great honor you have done me, I
offer, in conclusion, n sentiment which I
think accords with tho spirit of the occasion,
and which, I am sure both onr host and our
selves will appreciate. I regret that I can
not make tho toast more universal in it*
scope; but I should expect my glass to toll
from my grasp if I dishonored the head of
both armies by asking to honor those who
havo sought, since the war, to excite a bitter
ness to whkfii they in life were stranger*. I
offer you, “The heroic dead of both armies,
who fought for principle and backed their
convictions with their lives.” Let both be
duly honored. jApplsnaeJ
A Triple Weddlug Party.
Several times within tho last year, this
lovely city has been charged with allowing
its daughters to be surreptitiously abstracted
log Company..
18,800
direction of Btakey’s mill
The Major rode off in that direction, and ,. .
when near the mill heard two simultaneous Mrijogansggwgata ot....-.—..tS.OUJM
pistol-shots, apparently iu the woods beyond. Tbetaxable property of the State, exclusive
Finding it difficult to proceed on horseback of railroads, of banking, express and insu-
through the thicket, he dismounted, and ranee companies, as returned by tho owners
made his way on foot in tho direction of the receivers, amounts to
reports. At this juncture he heard two more
$220,683,203, placing the increase for the
present year at the same rates as that for the
past four years, makes the present value of
the taxable property of the Btate, $233,003,203.
Thotrecdpta from this source, at the low rate
of four and one-halt tenth* ot one per cent,
would be $1,073,984 07. The estimated re
ceipts from railroads, banking, express and
challenge passed between the parties, and thg insurance companies'will be”$30,000; ono-
wholc transaction was kept so secret that even half rental of tho Western and Atlantic
their intimate friends knew noifiing of the Railroad, $150,000; receipts from convict
affair until it was all over. ; f w w m be—say $20,000.
ABOUT TOE WOUNDS
TABULAE STATEMENT.
.$1,078,981 OT
89909 09
Miscellaneous ecurcca aaj 5,000 00
Toud *1,*I8,964 87
From the above estimate it appears that
without imposing too high a rate of taxation
we may safely calculate upon receiving into
the treaiuiy from the ordinary sources of
revenue, $1,278,984 07.
The usual and probable disbursements, in
cluding the legislative pay roil, without un
derestimating the same, may be stated at
$600,00X Deducting tbis amount from the
receipts into tbe Treasury, as above esti
mated, will leave a balance to be applied to
^ taportface the payment of interest of $07*»4 07.
which the nnpmfesaionriattacbto it Atone The iverage rate of interest upon ourpublic
22SJ25SK SftfS debt, taking into the account tho eight per
made encouraging reports of both patients, rate opon new bon^ now being
arrest or the parties. placed upon the market,'may be staled at
A warrant was issued against John 8. Slo^S ul *i n '
Meredith, W. B. Tabb, W. L. Royall and W. tf®*/* 55 - -fc-
R Trigg, charged with unlawfully advising, attar paying
encouraging and promoting a duel between expense* of the government
Ps^MdCs? “amfjSn ^Mordiri
0th of May, 1873, and the parties being ar- i
rested were bailed to appear before tbe Police Treasury of tho State.
Justice Ibis morning.
Mr. Page McCarty wa* on Saturday morn
ing placed under bonds in the sum of $5,000,
with Writer K. Martin snd Peyton Wise ss
suretii s. *
In making the foregoiog statement, I have
equally avoided an over-estimate of the
amount of revenue which will probably be
received into the Treasury, and aa under
estimate ot the probable amount of expendi
tures. The ability of the State to meet all
juit demands upon its Treasury cannot be
Mr. McCarty is about thirty-three yean doubted; and there is every reason to believe
old, snd the son of Hon. William McCarty of that, after the temporary pressure npon us
Fairfax county, Virginia, who was for some | shill have been relieved, all such demands
time in the Soiste of Virginia, and several will be met with promptness.
it we tuner we got somewhat even,
when at ono feu 'swoop, on last Wednesday
night, three beauties from Kimballvill e wero
constrained by gentio peisuaaion to cast their
destinies with us.
Tho ladies were, Miss Lula Allman, Miss
Anns Hicks, Miss D. Hamilton, all of the
above city. Mr. George Welch, the efficient
engineer at Burr & Flanders’ mill, Mr. Giles
Lynch and L. F. Hogan, all from Macon.
The brides being in rotation as mentioned
above.
Mr. W. wsa married at SL Paul’s Methodist
Chnrcb, by Rev. W. P. Fattillo.
All the weddings being over, the party in a
driving rain wended their way to the depot,
where, placing themselves in charge of Con
ductor David Croft, after a trip of hilarity
and pleasure, they safely arrived at home.
Maam Enterprise.
Bobert E. Lee*
In the Edinburg Review for April, an arti
cle on Robert E. Lee will be [read with deep
interest. It is a grand tribute from an un
biased source. For its estimate of the gen
eral place that Lee is to hold in American
history, the following sentence will suffice ss
well as a volume:
“Tho day will comcwhcn the evil passions
of the great civil strife will sleep in oblivion,
and North and South will do justice to each
other’s J motives and forget each other's
wrongs. Then history will speak with clear
voice of the deeds on either side, and citixeee
of the whole Union do justice to the memory
of [the dead, and place above all other*
the name of the great chief of whom w*
have Written. In strategy mighty; in battle
terrible; in advenity, as in prosperity, a hero
indeed, with the simple devotion to dnty and
the rare purity of the ideal Christion knight
ho joined all tbe kingly qualities of a leader
of men. It ta a wonderous future, indeed,
that lies before America, but in her annata of
yean to come, as in those of the past, there
will be found few names that can rival in nn-
sullied; luster that of the heroic defender of
his native Virginia, Robert Edward Lee.
A High Ceiling.—’Two Scotch worthies
rather fond of their beer, retired from their
regular house of call to a field one evening
and sat down on a bench to enjoy their favor
ite beverage alone, haring previously supplied
themselves with a fair stock. After imbibing
it pretty freely, they both fell fast asleep.
About midnight ono of them got up for tbe
purpose of retiring; but not knowing his
whereabouts very well, wandered about for
for awhile, and then stumbled upon his com
panion, whom ho awoke, remarking:
“Surely this is an awful-sized room, fori
conns find tho door, and I’ve been lookin' for
it more than half an hour.”
“1 ken nathing about the size of the room,"
hiccoughed his companion; “but one ti»W I
see.” looking up, “it has a tremendous high
celia’.”
[indistinct print'*