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T«rM> *1 KMt»»crlptI«n: r tniv coKHTfnmos ecr una •> • »rc|*r»h!.' rmctlj la sUtsikx *.«ll.*ciplnaoBof (1m time for whkb ptjmczt cud* aalcM prrrloaal/renewed,Ifca aaaaaf lk« wWertfccr will he -trick en from oax book*. »W cub* or Tea $u 00. ladacopyoT Ike patier *al 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'*