Newspaper Page Text
^orwtitntiiro.
ft iRkKrifUrat
TSWnSTiiraSS
not the time for wMcft pajmeu
■•*•. okaa preitoul j renewed, the ua* of the
mhacr'.ber trill teftrlckcn from oar book*.
tW data of Tea I IS SO. mad a eopr oC the pepcr
aal fraa la Uc(efUr-ap.
ATLANTA, TUESDAY, JUNE 19.
A Brara Oialar.
We hare told oor leaden how the decora-
lew of the Pedml dead at Arlington waa
dtneed hjr the Pedenl anlhoritin to be
camioc’cd on I be basil cf rxclaaion of all
boaortoihe C-wfedarala dead ijiog there
The matIrr baa evoked moc Minfin” coo
mel t and liberal from many and high
aomeea North and Wcat. Bat the moat do
qnrnt cnndcaraatioa eimc from the b are
orator who ddirere 1 the addre-a at Arling
ton on the day of the decoration. The ad-
drraa wan a magnificent one, and the speaker,
an eminent and well known divine, of New
Toth. Ur. Da *iti Talmtge
Speak er to lite Grand Army i-f the Re-
inlilic, that l>:.d d.-cland the rntmorialoatn-
ciem of the S-utbcro dead, and rpeaking to
t*te Pip! h-nt and ofllciala that had indorsed
the eaM <rtracum to the extent of restriction,
the dry fur Federal commemoration, the
eloquent and courageous orator thus rebuked
theoetrachm and its perpetrators:
Let nothing be done to stir np the old fend
between the North and Sooth. Sorely there
haa been blood enough abed and groans
enough have been uttered and families
enough destroyed to aatbfy the worst man on
earth and the worst demon in the pit; and if,
amid the holocaust of the dead, any band.
North or Bomb, shall ever be lifted to tear
down a peace established at ao much sacri
fice, may that hand turn white with the
anow or an incurable leproey. Instead of
flowers upon such a villain’s grave let I be
whole nation come and fling a monnuln of
nettles and nightshade. I am told that after
a Bnatbern woman bad decorated the grave
of a Southern soldier a Northern man. wear
ing a uniform, took nn the wreath and tore it
topirem and threw it to the winds, lie may
have had on the cpsuletter, bat he was not
worthy tbe name of soldier. I would that
all the wreaths that bare ever been laid upon
the graves of the Northern and Southern
dead might be lifted and lifiked together,
each garland a link, and that, with that one
loog, bright, pleasant
A. cnAIK OF BOSKS AKD LILIES,
■his whole nation mixht be encircled In ever-
luting nnity and good feeling. This is the
only kind of chain Americans will ever con-
amt to wear, and woe to the government
that ever trie* to forge another.”
THE WEEKLY
VOLUME VI.I
DECIBIONB.
DeUtered of Atlanta, Jane 3,1873.
John Tale va. R. J. Cowart, Judge of City
Court of Atlanta. Application for nun-
WARNER, C.J.
This is an application for a mandamus to
Compel the Judge of tbe City Court of At
lanta to sign a bill of exceptions. A motion
for a new trial in a criminal case waa made
in tbe Court below and overruled, the case
wss brought before Ibis Court by a writ of
error, and tbe judgment of the Court below
affirmed. No second writ of error will be al
lowed aa to sny ground embraced in tbe orig
inal motion for a new trial, and a mandamus
requiring the Judge of tbe Coart below to
sign and certify such second bi'J of excep
tions will not be granted. Bee Perry va.
Gnnby, 42d Ga. Rep, 41. The motion to set
aside the jadgment in this case on the ground
that tbe Court had no jurisdiction, was in-
dnded in the first bill of exception, and was
necessarily decided by this Court in its af
firmance of the judgment of the City Court.
If this Court bad been of the opinion that
: was no Jurisdiction shown on tbe face
Of the bill of indictment, we would have
treated the motion for a new trial on that
ground as a motion in arrest of judgment,
and would bare ordered tbe bill of indict-
ATLANTA, GEORGIA, T
purchase money should be paid. The com
plainant alleges that be bat made improve
ments on the lot to the value of $400 00, and
that Coughlin and wife have instituted suit
for the lor, and he fears the
setae. The defendant has o
Let tbe rule for msndimus be discharged
Thrasher & Thrasher for plaintiff in error.
No appearance for defendant.
Robert E. Cunningham va Franklin, Read £
Co. Assumpsit, from City Court of Au-
gmu.
WARNER. C.J.
Tbe plaintiflj brought his suit against the
defendants aa warehouse men to recover
damages for the negligent manner in which
A Market for American Iraa.
A London dispatch says that “tbe mi
faetureraof.Wotrerhaayton are importing
iron from tbe United States, in cooacqoence
of lbs rxorUlant rales at which native pro
doctions are held." Shipments of iron are
actually being made to England! Willi
ders ever cesser
The iron masters of England are really in
troubles. Not only haa the price of coal ad
vanced, bet labor has advanced sod is on a
strike. The workmen most be paid more or
starve, because all the necessaries of life ere
.advancing in price. Tbe recent importation
of American iron'was, perhaps, made with
• view of convincing the workmen that they
mart be moderate in thtir demands. Certain
it ii that statements of the two markets
have been industriously circulated in the
manufacturing districts.
These show that while the English market
has been advancing rapidly, the American
market tends toward < lower rates, on account
of the Increased facilities for working the
iron and coal mlocs. For instance, merchant
tmig, which are the irons moat largely
shipped to (be United States, are worth in
Staffordshire $73 25. The frcightage.dnty,
insurance end commitsioo from (he works in
England to New York bring tbe prieeupto
$105, while the price of American bars of
tbe same variety ia $9J. The English work
man is confronted with such facte when be
demands more than starvation wages.
Ia spite of her immense fscilities, un-
bounded capital •n*! rtillH labor, England
is fast losing her power to undersell us.
These facts are of deep interest to tbe people
of North Georgia. The prejudices against
articles of domestic manufacture are dying
oat before tbe well ascertained fact that oor
manufacturers cm and do make the best
qoality of iron; sod tbe principal trouble
now ranu lobe that they can not supply tbe
home demand. Oor furnaces are rapidly
increasing,however, and Georgia is doing her
part in enlarging what is destined to be tho
grandest Industry of tbe country.
It is not considered probable that the labor
differences in England cm bo adjusted on a
basis satisfactory to the employees. The
men cinnoliflord to work for present prices,
and the manufacturers cannot afford to pay
m-'re and retain this coon tray for a market.
The workmen will come to Ibil country
rather than arerpt the terms that are now
offered to them. Let them come. We can
pay Using prices, and throw in cheap homes
and a handled other things that are os far
out of their reach in Bogland ua lathe moon.
The Coming War.
General Rosccren* baa just arrived from
Mexico, and a reporter of the New Orleans
Herald hastened to review him relative to tbe
attnaticn, and the feelings of the Mexican
lie says that Mexico contains 7,500,000 un
happy people, 570,000 of whom are unmill
gated rascals who are engaged in the promo
tion of di-curd sol strife. The honest peo
ple are divided into different classes. The
merchants, large land holders, etc, bold
aloof from polities,desiring nothing so much
as peace and permanence; and they would,
ia Gen. IPs opinion, welcome the protection
of tbe Usited Buies The political chiefs
and small politicians, who manage to con
trol opinion, fear a change of government,
bresose they fear there would be chance for
their peculiar tactics
The General says that many of the Amer
ican claims are very ui>J oat, and he is satisfied
that the government does cot intend to force
Mexico Into war He believes in a peaceful
conquest of Mexico—a conquest that would
inevitably -emit from mare intimate com
mercial relations, the cooat roctioo of rail
roads, and the increase of respectable emi
gration from the States. The Mexicans
really have aa rx-Jted opinion of our energy
and sdvarced citilixition; and it we
about It in the right way, says General R
the conquest of Mexico is the casket thing
Ia case of war, he thinks the course pur
sued by General Scott will operate favorably
in the matter of supplies. He treated the
people well,and paid for everything the army
Sled. Tbe French, oo the contrary, stole
everything they could lay their hands on,
maltreated tbe people, hiHetted thtir officers
cm private families, and commit ted the grossest
outrages. Tbe consequence was that every
Mexican became the deadly foe of tbe French,
beshwackieg and annoying them in every
way. To this day (hire ia only one feeling
as to the French in Mexico—that of cardial
The Atlanta Sub.
Ia the San of yesterday appeared a cud
from Mr. Stephens, Mating his resumption
by mutual agreement, of the proprietorship.
The only change, we believe, is in the retire
ment of Mr. S A. Echols, who has been tbe
temporary tminers manager, and whose dt vo-
tion day and night to the duties of that po
sition makes rest almost a necessity to him.
Mr. J. L Miller succeeds him. and ia a very
good and capable man.
Tbe Ban Menu la he upon a Ann basis,
and ws wish it macb success. It has a large
combined drily and weekly tircutatloe that
will doubtless increase largely, now that Mr.
Stephens resumes chief control, an important
Appointments by the BxstBI re.
The President, on the 31st, made the fol
lowing appointment; Thomas N. <
of Georgia, to be Agent for the Indians, at
the Green Bay Agency in Wisconsin.
of cotton stared with them by him
in their warehouse, by reason whereof, tbe
dalntiff allege*, the cotton lost in weight
,039 pounds. On the trial of tbe case the
jery, under the charge of the Coart, found a
verdict in favor of the plaintiff for tbe sum
of $70 43 with interest A motion wss
made for a new trial on the several grounds
stated therein, which granted by the Court,
and Um plaintiff excepted. The defendants
also excepted to the relieg of the Court, and
both bills of exceptions were argued together.
A warehouse mao, by tbe law, fa a deposita
ry for hire, and is bound only for ordinary
diligence. If the defendants exercised that
diligence in taking care of
the plaintiff’s cotton stored with them
which a prodent man would have
exercised in protecting and taking care
of his own property, and the cotton lest in
weight, without thtir fault or negligence,
they are not liable for such loss, and it was
incumbent on the plaintiff to prove that the
loss of tbe weight of tbe cotton wss the re
sult of their negligence and want of care, in
■be proper management. It fa not sufficient
for the plaintiff to prove that the cotton
stored with the pltioiilb lost ia weight, bat
he mast go further and prove that the lorn
resulted from the negligence, and want of
proper care, on the part of the defendants as
warehousemen. If 11 bad been shown that
tbe defendants by tbe want of proper care
and diligence as warehousemen, had exposed
the plaintiffs cotton stored with them to
alternate rein and aunahioc, and by reason
thereof, the cotton bad lost more in w right
than it would naturally have done if kept
dry, or any other act of negligence on their
pan had been shown from which the loss in
the weight of tbe cotton had resulted, then,
the defendants would have been liable, but
nothing of that kind sras proved on the trial.
We find no error is tbe charge of tbe Coart
to the jury, or in granting the new trill in
view of the evidence disclosed in tbe record.
The existence of tbe discretion of the Coon
below vested ia it by law in granting tbe new
trial, bis not been abased in Ibis esse, so as to
authorise this Court to interfere and con
trol iL
Let tbe jadgment of tbe Court below ia
both cases be affirmed.
Bimucl F. Webb; W. W. Wilcox, for
plaintiff ia error.
J. E. Harper £ Bro., for defendants.
Barnesvilie Manufacturing Company vs.
John G. Caldwell. Award, from Mc
Duffie.
WARNER, C. J.
A motion was made in the Court nelow to
make an award of aibitretore tbe judgment
of tbe Court, to which sundry exceptions
were filed. The exceptions were demurred
bdng insufficient in law to act aside the
award. The Coart sustained the demurrer
as to all tbe grounds except one, and tInt
one being submitted to the jury, they re
lumed a verdict sustaining the award. Ex
ceptions were filed to tbe jedgmrnt of tho
Court sustaining the demurrer to tbe grounds
taken to set aside the award. It appears
from tbe record that certain matters of dif
ference existod between Caldwell and the
other members of the Barnesvilie Manatee-
taring Company, that tho parties agreed in
writing to submit the matters in controversy
between them touching thtir matters of set
tlement, involving the correctness and incor
of their
complainant, and extension baa famed
thereon, and has been levied on
the lot as tbe property of com
plainant, the .defend nt having filed his
deed thereto in the Clerk’s office as provided
by the statute. If Coughlin and wife recover
tbe lot on their title, and Sea go’s title fails
then tbe complainant would be entitled in a
anil on hie bond for a breach thereof, to re
cover tbe value of tbe lot at tbe time of tbe
breach with tbe interest thereon, which
would include Ihe value of bit improvements.
This be cannot do if Seago is permitted to
file his deed and sell the lot for tbe unpaid
purchase money due therefor, and thereby
cancel the complainant's b rod for title as be
fa proceeding to do. Tbe complainant's bond
for title which be now holds will protect
him, for the reason that the measure of dam
ages for the breach of aboud for title to land,
fa tbe value of Use premises at tbe lime of
the breach with interest thereon. Whereas,
opon a covenant of warranty of title to land,
the damages would be only the purchase
money with interest thereon from the time of
the sale. Code. 3494-3497. In view of
tbe facts disclosed in this record, we will not
interfere with tbe exercise of tbe discretion
vested by law in the Court in granting tbe In-
Junction in thfa
Let the jadgment of the Court below be
B. F. Abbott, for plaintiff in error.
E. F. Hoge, for defendant.
E. IL Wilson, vs. Bank of Louisiana. At
tachment fiom Richmond.
HcCAY, J.
1. In this Stall? an attachment will lie
against a foreign corporation even though it
be not doing business here. Sec. 8313 of.Ir-
win’sRev. Code, authorising attachments
against foreign corporations doing business
in (bisState, ia cumulative only, and fain-
tended to allow the writ of attachment
against a foreign corporation, even though it
have a place of business here, snd may there
fore be teed here by ordinary process.
3. An announcement by tbe Judge that be
r a motion to trice a jadgment ia a
will bear a motion
case, when no motion is made snd granted,
is not such a judgment or decision as may . -
be excepted to. junction
3. If a declaration contain a good and
legal cause of action in one count, the whole
action should not bo dismissed because tbe
declaration in another count seta forth a
cause of action which is illegal and void.
Jadgment reversed.
Charles N. West, represented by Jacksen £
Clarke, for plaintiff in error.
William T. Gould, Frank H Miller, for
defendant.
different accounts sod
claims, to tho arbitrament of the three arbl
tralors, who, after examining severe:
witnesses, and invesUaaling the vari
ous documentary testimony, submitted
to them, made thtir award. On
amlning the several grounds of excep
tion taken to the awarJ, as disclosed by tbe
record, we fled no error in the jadgment of
tbe Court in sustaining the demurrer thereto
according to the previous rulings of this
Court ia simitar esses. The submission in
cluded tbe settlement involving tbe correct-
ness sad incorrectness of the different ac
counts, and claims of tho parties. What wss
the nature of these different accounts and
claims did not appear to the Court, becauie
the evidence bad before the arbitrators was
not set forth and that wss a fatal defect in the
pleading to set aside tbe award, which was
demurrable for that cause. The office of a
demurrer ia not to deny the troth bet only
Ihe legal sufficiency of tbe allegations demur
red Ua It, therefore, a limits all such facia
alleged by tbe adverse party as are well
pleaded, and refers tbequestion of law to the
Court. Sharp £ Brown va. Loyleas S9th
Georgia Reports 13. Excepting the 7th ground
of objection to the award, there wss nothing
alleged against it which according to the rul
ing of this Court in Sharp £ Brown va
Lay lean before cited, Anderson ua Taylor 41st
Ga Rep. 10. Akridge va Pattillo 41th Ga. Rep.
585 and other cases, which would have au
thorised the Court to have set aside the
award in this case.
Let the judgment of the Court below be
affirmed.
Casey £ Ilntbe*, W. M * M. P. Reese,
represented, by Frank 11. Miller, for plaintiff
ii
A. K Seago vs W. R. Bssa Injunction,'rom
Fulton.
WARNER, C. J.
The complaisant .filed his bill against Ihe
defendant, praying for an injunction to re
al rein the srie of a city lot in the city of At
lanta, which bad been levied on by the sher
iff to a ttisfj an execution in favor of the
defendant against the complainant. The pre-
riding Judge granted the injunction pre; '
for, to be dfaroived when the defend
should give hood and security in the sum of
one thousand dollars, conditioned to indem
nify the complainant against loss for sny
sum he may have expendded in improve
ments on tbe property mentioned in com-
plainsni’i bill, became of the failure of de
fendants tide ; thereto, said bend to remain
of force until the final hearing of tbe case.
To tbe granting the injunction and order,
tbe defendant excepted. The
alleges as a ground for tbe equitable
cnee of the Court, that in February 1871, the
defendant effered tbe city lot in question for
srie at public ancti n, when one Coughlin
and wife gave public notice of thtir title to
the property, whereupon the defendant as
sured the com plain uni and other bidden
present, that bis title to the property was
peific , that be would warrant it to be
so, and would give to the pure'
cr a bond with ample security
indemnify Um against tbe lues of sny
that might be expended in impeovemen
otherwise upon a id property. This allega
tion is supported by tbe affidavit of Wallace
who was present at the time. The complain
ant alleges that beesu-e nf tua statement of
tbe defendant he purchased the lot for tbe
sum of $1,010 10, paying one-fourth of the
purchase money therefor, and giving hfa
three separate notes for tbe other three-
fourths of the purchase money, two of which
were paid at maturity, the other was not paid
for the muons alleged in complainant's uu
The defendant st the time of tbe srie ex
cuted and delivered to the complainant
bond to make him a title to the lot when the
larger than the amount of (he note; bet
which, by cotton forwarded them by Riddle
was reduced to about $63,000 as claimed by
them, on January 35th, 1871.
On that day Riddle gave Wilson £ Cn.
jadgment four other noies'amounf— — *'—*
for the lot, and he fears tiny will n , „
same; The defendant has obtained jadgment four other notes'amoanting to about $!8.0CO,
oo the list note given for the lot, against the not is increasing hb indebtedness then
owing, bet is part of tbe same, $53,000. snd
as cl timed by Wilson & Co. for considera
tions accruing after tbe making of the $90,000
note. Riddle claims it wss for the whole
balance of his indebtedness to Wifaon£ Co.
At the time these four smaller notes were
given, Riddle gave as security for them,
a mortgage on personalty for $7,000 snd
what are called jerop liens fer$lljj00, joint
ly with Thigpen on part of said crop liens,
and on another portion thereof. Pre
vious to this, in 1868. Evans. Gardner £ Co,
of New York, had ohjaiAed jadgment against
Riddle ia tbe Circuit Court of the United
States for some $5,000, and Wilson £ Co.
had obtained a transfer of the execution is
sued thereon to themselves, and had entered
on thtir books, as a charge againt Riddle, the
money advanced for said transfer, and which
amount is pirt of the $68,000 now claimed
be due by Riddle on the $90,000 note snd
mortgage.
Ou the 1st of February, 1871, Wilson &
Co. transferred the $93,970 note and mort
gage to Samuel J. Armstrong, of New York.
Armstrong commcnctd suit bn the note in-the
Circuit Court of the United States for the
Southern District of Georgia on the 17th
March, 1871. Riddle filed a bill in arid Cir
cuit Court, praying,amongst other things,an
injunction against said suit. After the hear
ing and overruling of a demurrer to said bill,
Armstrong dismissed laid common law ac
tion. The bill is still undisposed of by sny
order or decree of that Court.
is troop also commenced proceedings
at tbe April term, 1871, of the Superior
Court of Washington county to foreclose
tbe mortgege of $90,007. To these proceed
ings a defense waa made, and on the 30th
January, 1873, a bill for injunction waa filed
to restrain Armstrong from prose eating the
same and setting np generally the facts and
equities contained in tbe fart bill hereafter
mentioned, the decision on which fa here for
B. J. Wilson £ Co. foreclosed tho mort
gage on personalty and instituted proceed-
to enforce tire
mgs to enforce the crop liens for the four
notes constituting the $18,001, securities.
This was dona in November, 1871, and on
February 15, 1879, Biddle obtained an in-
' it there proceedings alleging
Heniy Jones, administrator, vs. Thomas P.
Brandon. Application for homestead,
from Richmond.
McCAY, J.
Under the decision of the Supreme Court
of the United States, in the case of Gunn vs.
Barry, the homestead clause of the Consti
tution of 1808 is in violation of the Consti
tution of the United States in so far as it au
thorizes the homestead and exemption there
in provided for to be ret up against contracts
made before the adoption of arid Constitu
tion of 1868,
Judgment reversed.
Frink H Miller, for'plaintiff in error.
H. Clay Foster, represented by Barnes &
Camming snd S. F. Webb, for defendant.
H. Brookins, Ordinary, vs Tho Central Rail
road £ Banking Company. Assumpsit,
from Washington.
McCAY, J.
When, without anthority of law, a rail
road company, thirty yean ago, changed the
public road at one of ita crossings, cut out a
new road, and, at some expense, builded a
bridge over a stream said new road crossed;
and, by common consent, the old road was
abandoned and the new one used by the
public: »
Held, .That the Railroad Company, in
the absence of any contract, so to do,
not bound to keep up said bridge,
and the mere fact that tbe company first
built it and that it has since, at various tii
repaired it (it being near one of ita depots)
does not mike an implied contract with
tbe county that the company will keep it in
Judgment affirmed.
Langmade & Evans, represented by S. F.
Webb, for plaintiff in error.
Jackson, Lawton £ Basinger. R L. Wor-
tbcu, for defendant.
This case was argued before Trippe,J.,
came upon tbe bench.
H. F. Rasscli, Mayor, for tbe use. H. C. Bry
son vs. Michael O'Dowd and William
Junes. Injunction, from Richmond.
McCAY, J.
Where five or six suits were pending in ihe
name of tbe Mayor of Augusta for tbe use
of various parties, against tbe prim ipal and
securities or an auctioneer's bond; tho same
defenses existing in each case, and one of
tbe cases was tried and a verdict had, and the
cue carried IB the Supreme Court of tbi)
State by bill of exceptions, with a tupereedeat,
sod at the same term of tbe Superior Court,
at which this verdict was taken, the Court
permitted verdic’s and judgments in all the
cases to be taken, snd passed so order with
out objection from any of Ibc
ing that execution should not issue in any of
said cases until the case, carried to the Bu-
prcu.c Court, was disposed of; and the case
having been decided in the Supreme Court,
was by writ error carried to tbe Supreme
Court of the United States:
Hilo, That the order staying exeention in
said cases, not having been excepted to, fa
still operative ontil the ease fa disposed of
by the Supreme Court of tbe United States,
or until said order is set aside on a motion
for that purpose.
2. When it appears from the papers on file
with tbe Clerk of tbe Superior Court of this
8tatc, that, ia a case carried by writ of error
from Ibis Court to tbe Supre nc Court of the
United Stales, proper steps have been taken
to supersede tbe judgement,thcCourtsof the
State have no longer jurisdiction of tbe caw
nntil tbe same fa disposed of by the appel
late Court, or until, try order of raid Court,
tbe execution is permitted to proceed for
want of a tupertedeat or otherwise,
a Tbe remedy at law by affidavit of niegal-
eculiou, and a bill to enjoin them was prop
erly demurred to, as the defendant haa a com
plete and adequate remedy at law.
Judgment affirmed.
Joseph P. Carr, by brie', for plaintiff in
error.
Flask IL Hiller, by brief, for defendant.
Joseph S. Clark, executor, va. Edward W.
Marker. Claim, from Richmond.
ject to levy and sale under a judgment and
exeention obtained against said William J.,
and the hnaband of Caroline E, f or a debt
due from them.
3. In one item of a will execcted in 1810,
(the testator dying shoft’y afterwards) prop-
diughter, and that an estate in
•©* JtV. SMM7
.tried OffiUSt via Jlavw eJstd tl-.n
■fiWJ bee ,■§( Jatf auDn
ram
OwAeew tom ml tSqteaMtf q!s
MW diiw breeqsK) jeul (OEM
that only the sum of $10,0001
doe. That amount so ascerti
the amount of the
those two securities',
ties are respectively for $7.
and two for $2,000 each. I
judgment for $10,000 or $16,0
of, divided and appropriated
several smaller securities ! Hi
would be taken as part of
other of the four small mm
lien papers? The plaintiffs
their right to enforce them, sad they have
this right, and the right to enforce all nntil
the debt fa discharged. _ But in the case put,
and complainant's bill presents the care for
such a result, how can the right* of the cred- poesibe to hfa mother, bef
itora be enforced and the rights of the debtor' '
protected except by one join* trial for all
the parties and of all the issues?
The difficulties that would attend tbe trial
their several cases at law would be still
farther complicated on account of the levy
of the Evans, Gardner £ Co. execution is
sued from the Circuit Court of the United
States on the property of the complainant
That exeention fa for a part of the debt con-
j the $90,000 claim.
Let the judgment of the Court below be
affirmed.
Lanier £ Anderson, R. L. Worthen, for
plaintiff* In error.
Jackson, Lawton £ Bisinger lor defendant
John McElrath vs. 8aIUe B. Haley, et al.
Ejectment, from Richmond.
TR1PPB.J.
In 1862 R purchased lot N6.41 in the city
of Augusta, with a front of si.-rty feet and
running from Ellis to Greene street, and waa
residing en it, when in March, IB*. -be pur
chased lot No. 45, a vacant lor%8Jacent to
No. 44,6f the same front and running the same
length aa No. 41. Ho used part of lot 45 as
a flower garden and part as a vegetable gar
den. There was a fence around both Iota
and a fence divided them when R purchased
45, and the evidence b conflicting as to the
time when tho dividing fence was taken down
by R, whether it was before or after the exe
cution of hfa will.
In September, 1860, R made his will, snd
ion against there proceedings alleging
equities snd praying generally similar
as asked for in bis bill against Arm-
relief
strong.
B. J. Wilson £ Co. transfar^-Ao execu
tion, issued from the Circuit ffBMTl of the
United States in favor of Evade, Gardner £
Co., to one B. M. Hill, and said execution on
Ihe 33d of May, 1873, was levied cn the prop
erty of Riddle, and a bill was filed by him on
tbe 17th June, 1873, in said Circuit Court, to
enjoin a sale under that execution.
Ga the 17th February, 1873, B. J. Wilson,
aa bearer, commenced an action against Rid
dle in the Superior Court of Washington
county on the $90,000 note.
Ail of these suits were pending on thel8tb
day of March, 1873. except the suit in the
Circuit Court of the United Slates in favor of
Armstrong against Riddle on the $90,000 note
whicbwss dismissed by Arms trougand Wilson
and Wilson £ Co. and Armstrong claim tbat
such dismissal carried with it the bill which
Riddle had filed in said Court to enjoin it and
also a supplemental or amended bill
subsequently filed by Riddle in the same
Court embracing an application for injunction
restraining Armstrong from proceeding in
tbe Superior Court of Washington county to
foreclose the $90,000 mortgage and retting up
tbe same rights and equities as are alleged in
this bill bill next referred to, and the decis
ion on which by the Court below is here for
review.
On tbe 18th of March, 1873, the present
bill was presented to tbe Chancellor, for an
injunction reciting and charging all the fore
going facts as to the various suits, etc.; that
all of arid evidences of debts and tbe securi
ties therefor constitute but oue debt, snd
that debt is whatever may be due if any
thing, after a full accounting between Wil
son £ Co. - and Kiddle on the
$90,000 transaction; that arid amount
can only b* ascertained from an examination
of the books and accoants of Wilson £ Co.,
embracing several hundred thousand dollars,
running through five or six years; that fraud
ulent charges and omissions of credits and
mistakes are in said accounts; that arid suits
and levy arc by different persona being all tat
tbe lime debt, and being In different jurisdic
tions, and that Wilson £ Co. are the real
and only creditors and owners of all the evi
dences of debt, and that these facts make a
case for an injunction of all the said proceed
ings in the State Court, and for all
parties, to-wit: Samuel P. Armstronj
i. J. Wilson £ Co. and B.
Wilson, to be brought together in one
ia one item “devfacd and bequeathed my
bouse and lot on EUiB street, in the city of
Augusta, where I now reside, to my wife for
her natural life, and after her death to my
two nieces M. and 8. B. Crocker^
In another item he gave all the balance of
hfa estate, real and personal, to his wife, ab
solutely. Testator died in November, 1867:
Held, That tbe acts and saylngt of R which
go to show, that at tho time of tke execution
of the will, he considered and treated the two
lots as one and as constituting the house and
lot where he then resided, are competent aa
evidence in behalf of the remaindermen in
an action of ejectment brought after the death
of tbe wife of B to recover lot No.45,
3. The widow of R had built 1 * house on
45, had married again and diedrsnd the ac
tion was sgiinst her second husband. On
the trial, one of the plaintiffs testitifled by in
terrogatories tbat tbe widow of B, sometime
after the building of the house,- said to her
i plaintiff) “She was a fool for building Ihe
muse, and if she had her way aha would tear
it down if she could get her money back;”
and further testified over defendant’s objec
tion, “ Bhe also said she had been to see her
lawyers, Barnes £ Camming, and they told
her * • * * she offered, if we would
do this, to give ns up the house onEUia street,
but this was never done
Held, That it was error to admit that por
tion of the testimony objected to by defend
ant If it was an offer otcompr()mfae,itwaa
illegal testimony, if otherwise admissible,
the whole of what abe said should have been
stated, and if stated should have gone to the
ary. Where the evidence is conflicting and
llegri testimony be admitted,which I
ana probably cid, injure the party obji
new trial will be granted.
Judgment reversed.
Barms £ Camming, for plaintiff in error.
Frank A. Miller, for defendants.
Wilson £ Co. deny any fraudulent entries
or omissions in their accounts, or any mis
take now existing, or that the $7,000 mort
gage on personalty is part of the' $63,000
claimed by them to be due on the $90,-
000 note and mortgage; that all of
said securities are bona file and just, and tbat
said turn of $03,000 fa justly due by Riddle,
and that tbe rights of the parties can be
asserted at Jaw, and a resort to equity fa un
necessary.
The Chancellor orderc 1 that tills last bill
stand as an amendment to tbe former bill
filed against B. J. Wilson £ Co., and granted
the ioJnDCtion prayed for nntil the further
order of Court.
The great question in the case, and tlic one
chiefly urged in the argument, fa whether
this is a proper case for equity to intervene
by an injunction, so as to stay the various
proceedings at law in tbe State Court, to
consolidate parties and causes and to bring
this vast array of litigation to one head and
by one bittie close what appears to be an in
terminable conflict.
A single statement would serve to settle
this question. Samuel J. Armstrong has a
suit to forecloso the $90,009 morti
lassignco thereof. B. J. Wil
bearer, has brought suit on the
$90,000 note. B. J. Wilson £ Co. arc
proceeding to enfore the . mortgage
and crop liens for the $18,009 (tbe fonr smal
ler notes). Eleven thousand of the $13,000
fa admitted to be but part of the same au u
claimed in the ninety thousand dollars suits.
Thus there are two distinct parties claiming
the same debt, each in his own suit, and a
Idollan,
It
third party claiming eleven thousand dollars,
a part of tbe same debt, in another suit. It
would hardly be possible for a defendant in
these various actions by different parties, to
protect himself from loss, if not ruin, by
any resources that were furnished him by the
co t min law or under any equitable
be may, by statute, have at law. If each
plaintiff obtained the jadgment he fa seek
ing, two ot them would have judgments for
$63,i 00 each, and one for $18,1
Tiunov i in *'). when it fa admitted that $68,0C0 with
TRIPFB.J- interest, or $75,000—if the the $7,000 mort-
1. When it is directed in a will that tbe gage fa not part of tbe $63,000—is all that fa
estate of the testator shall be equally divided due. It fa true that the two largest of these
between his five children "after deducting a judgments would be shown by the
off tbe shares of William J. and record to be for the same debt,
ae E.” equal to wbat bad teen ad- one at law on the note, and one on fore-
vancedto them, and it appears from an closure of the mortgage given to secure it, and
agreed statem-nt of the facta, that the cx- that such a case often occurs and fa legal and
ecu tor (the only one surviving) came into the proper. So it may be, when the creditor
possession of a certain lot, in thi
Augusta, as such exemtor, snd ss the and a payment of cither is a discharge
property of the testator, and that the will had other. But where the plaintiffs are differ-
not been executed ss to this lot and other ent, a defendant would hazard much if such
property of the estate: judgments were recovered against him. At
Held, JThat tbe interest William J. and sny rate where different persons are thus, on
the record, rival claimants for the same debt,
the debtor has the right to bring them
together, and by one jadgment protect him
self and ascertain wbo fa hfa real adversary.
This would be difficult, if not impassible'
be done at law, and surely in such an em
gency equity will not turn a suitor asking
erty is given to hfa executors in trust protection, from her door. The proceedings
for all the children of testator—including a on the $18,000 securities, in still another
married daughter, and the husband of such name—another claimant on the same debt—
daughter bring one of tbe executora—“for certainly removes all doubt and makes the
thrir sole and separate esc during their nate- debtor’s demand for < qnitahle relief irreaisti-
rxl lives and to remain to their children after ble. No agency al law could grant him
their deathand in the next item of the as full snd ample remedy as he might
trill two of said executors (omitting, the has- require, and as cqnlty only cnntd grant him.
band.) are appointed trustees for arid mar- But besides all tbit, if under the equitable
tied daughter, and it fa immediately added, rights which the debtor m'ght have at law.
"and that her estate be held by them for the he could in all the sepera cixctions by differ-
sole use. benefit and heirs of her body: ent parties against him, be heard in bis de-
Held, Tbat both items will be considered fenae at law ma to .heir several rights and aa
in construing wbat estate was intended to be to bit own rights involved in tbe question ss
histrueV — '
to what fa hfa true! ndebtedneaa, if any. Yet
trust for her sole and separate use is thereby the facts in this ca<e involving long and corn-
created, and fa not subject to levy and sale plicated accounts for terenil years to the
for the debts of her husband. amount of hundreds of thousands of
Jadgment reversed. McLaws £ Ganahi, dollars to ascertain the true
for plaintiff in error. Frank H Miller for balance due, the banes made on
validity and fairness of some of tl
B. J. Wilson £ Co. et al. vs W. C. Riddle, ties, and bow they are to be credited if paid
Injunction, from Washington. or allowed, ail of which would have to be bv
TRIPPE. J. vestigated in each ease and moat probably “
B. J. Wi son £ Co. were the factors of W. not certainly, by different juries, nuke it
C. Riddki On May 5th, 1870, Riddle gave to strong case ‘where a multiplicity of suits
Wilson £ Co. his promissory note at 30 dayi would render a trial difficult, expensive and
for ninety thousand dollars, and a mortgage unsatisfactory at law." Code, section 3075.
as security therefor on l ealty. One other view: A creditor has a right to
The note was given, not for an exact enforce all the securities he holds
it of indebtedness then doe, but for for a debt until tbe debt
what might be then due and for future ad- paid, and in thia case this right
a Wilson £ Co. bad made before fa being folly asserted. Suppose on the trial
int, and did afterwards, make large at law on eithet of the $03,0t0 securities—the
advances to Biddit—to an amount much note or the mortgage—it should lie adjudged
called at tbe hob 1 where his son was slop
ping, and went up stalls. In about fKicen or
or ! twenty minutes afterwards several
shots were heard o miog fr< m the
room by one of the chambermaids,
who raa down stain and informed
the clerk. The clerk immediately sent out
■ for an officer, 1ml before be arrived Frank
much of it Walworth walked down stairs with his coat
■ on his arm, ands'a'ed to the clerk that he had
shot his father, and a-ked where Ihe nearest
police station was. After receiving the de
sired information he went to the telegraph
office and sent off a dispatch to hia ancle in
Saratoga, telling him what he
asking him to break the
had done, and
Dr. Harsh made an examination of the
body and found that there were four bullet
wounds, one in each breast, one on right
side of ihe face, tho ball lodging in the brain,
and the fourth in the right arm, breaking it.
The following is the prisoner’s story, as
told to tho Coroner in answer to questions
put by that gentleman;
I reside with my mother at Saratoga, my
ather having parted from her some years
go; my father fa an author, and I have
men studying law; 1 think my father is
ibout forty-one years old, but do not know
rhere he was born; my father has not lived
1 my -mother since wo left here three
shout tii or eight miles distant, wc saw the
line of the ’ ***■*'
TEXAS CENTRAL RAILROAD,
and the village of Manor, situated ou tho
railroad, about fifteen miles from Austin. It
fa impossible to describe the beaut; and rich-
nessjof this gently undulating prairie land,
ss it first strikes the oye of the unaccustomed
to such boundless fertility.. This view of
Minor, lyiog six miles away, down an unin
terrupled valley of fine, rich laud, covered
with a thick coating of excellent grass,
DOTTED WITH FAUUS AKD D
for a fpicc of eight to
wns something so entirei
could not repress the expression
miration I could not then uudt
coolness and indifference of Col
to what ao stirred my mind; In
answer to my repeated burst of admiration,
he quietly informed me that Blit was not by
any meant a beautiful ot a rich country, that
I bad better wait until J. got to rich and
beautiful ltnds before I expended all my
store cf-wondering language. I did’nt believe
a word of that; and was ready to risk "my
last ginger cake on tho wsger that nothing ui 1
Texas contd beat that, then and there. '<
About this point we were overtaken by
tv. u D. ClRRtKOTuK,
native or Orange County N. C., who was go
ing out to hfa plantation on Gilleland’s creek,
about 15 miles from Austin, and who insisted
on taking us to bis house for dinner and for
lodging. Tho first invitation wc accepted,
as Mr. Carrington’s pi too fa not far from the
direct rosd. ”
Mr. Carrington was formerly a prominent
lawyer of the Austin bar; but having accu-
sltore party above Red Bavou, which will bo
made more apparent what the fleet reaches
there. Thia ia lho : work thus far accotn-
nUfajL, - —■
The removal of the
iahed by sim
done by the
MpiitAM • uj inimPTiaft purchase power
which moves to the attaSjmlowcd a) inter-
ZIS KTSSIfTI 1TFIL
^What a gieriou night- ThsoMi
f O.d England are in sight. Here I am sit- ~
n$ aiqne.jp my. liule Btato-room, obligad^Bk
wing to the heat, to be in deshaUlle, Dear
Charlie, I know now he loVes me, yet to
morrow wc shall be parted. Iwiihlhadaot
nttoriha* to Iran- „ im, M J
s I have passed with
——. wH—uj until his uto or mine
Ylifii^tpnMBiJ^ggfvMtkh
where no.mortal eye can ace it I would
gladly have him for my husband. How can
I ever recall the sensation I felt aa he put hfa
3 around my waist and calling me hfa
s wife, kissed me. How ridiculous it waa
for metospeakto him-then so severriy. —
is what papa would caR "rough - j to be parti*, -
. to-morrow. How I wish tho steamer were
UR>w returning, just aa I am-beginning tA .
my mo thcr and myself. I shot him
because ot this. Not long ago I met him In
a street in Saratoga, and I then told him that
if he did not keep away from us or insulted
my mother any mote I would shoot him. I
told him tin re were bounds which I would
not allow any man to go beyond with impu
nity, and (specially when my mother was
being insulted. I went to his house yester-
dajr and left a note for him to call on me,
which he did this morning. When he came
to my room I drew out a revolver and told him
to promise me that bo would not threaten or
insult us any more, which he promised
Shortly afterwards we began
family matters and uacd s<
language, and put hfa haiu
though to draw out a pistol, when I shot
him. He then came towards me aud I fired
three other shots at him. When I fired tho
last shot at h : m he had me by the collar. I
only regret this on account of tho effect it
will have on n>y family. I would like
Judge Barbour to know this as he was in
terested in tho‘case bifore tho doctor;
did not find any pistol in the pockets of the
deceased, but found the note left for him by
his son in bis pocket
Tho follow ngis a copy of tbe note:
"Three O’clock.—I want to try and settle
some family matters. Call at the 8turdo-
vant House after an hour or two If I am
not there I will leavo word at the office.
“F. H. Walwobth.”
Coroner Young committed the murderer to
the Tombs nntil such time as when the in
quest takes place.
A WILl7 UUNTKBSS.
Penns) lvmnla Girl Last in tbe
Wilderness—Her Love ol Ilunt-
lug Stronger than Her
Love of Hint.
The Wheeling Register, of the 20th insb,
tells the following story on Ihe authority of
Messenger, of Windridge, ~
■Mb
BBS.
self to planting and preaching; He fa-one of
the ardent admirers of Mr. Alex. Campbell,
and is of bfa denomination of Christians. His
plfattettoA-enw.branch*« now utterly useless and prevent the further
va“lcy Std“ He'hisome four or five , l c8tructio ! 1 ? f • « rious !>’
hundred acres in cultivatim a few miles
above this place, on tbe waters of Brushy
Creek.
After a hearty ,
DUIKER OF ROTTER It ILK, BACON AKD GREEKS
AND CORN BREAD, -s -
left our friend Carrington and crossed
tho branch of Gillcland's Creek in a beauti
ful prairie valley ot rich “hog-wallow” land,
gently sloping to the northward to the ridge
Julia
Victoria's Wealth.
A writer in the May number ot Lippin-
cott’e believes the Queen either is, or ought
to be a very wealthy woman, and in support
of his belief presents some interesting facts.
All tho dubs in Pall Mall, which pay the
highest rents in tho city, stand on crown
land, but this property suffers much from tho
fact that it cannot be sold. Tho whole of
tho New Forest is crown land, snd it is csti-
malcd that if it could be sold i'Avuulu fetch
million 1 , whereas it is now nearly valueless.
Of the Queen’s income from various sources,
tho writer Says:
Her income wss at the beginning of her
reign fixed at £185,000 a year. This sum, i;
was understood, would, with the exception of
£90.000 a year, be divided between tho lord
steward, the lord chamberlain, and the mas
ter of the house, tho three neat functionaries
ot the royal house-bold. Of the residue,
£60,000 were to be paid over to the Queen
for ber personal expenses, and tbo remain
£30,000 were for "contiDgencies.” It
probable, however, that tho above arrange
ments have been much modified, as time has
worked changes.
Tbe Prince Consort bad an allowance of
£30,000 ayear. TbcQuccn originally wished
him to have £100,000, and Lord Melbourne,
then Prime Minister, who had immense in
fluence over ber, had much difficulty in per
susding her that thia sum waa out of the
question, and gaining ber consent to the
ounty, PenDstlvauis, had borne to
i children, fonr girls and one boy.
nc fa Danic Lewis.. When quite
half.
During tho happy days of ber minted
life the expenditure of the court was very
much greater than it has been since the
Prince’s death. Emperors and kings were
entertained with the utmost splendor at
Windsor. During Ibe Emperor Russia’s visit,
for instance, and that of Louis Phillippe,
100 or 200 extra mouths were in one way
or another fed at Her Majesty's er
The stables, too, were formerly fill!
horses—and very flue ones they were—
whereas now the number ia greatly reduced,
and many of those in the royal mews are
"Jobbed”—L e. hire! by the week or month,
as occasion requires,- from livery stables
This poverty of tho masters of the horse’s
department excited much angry comment on
the occasion of the Princes Alexandria's state
entry into London.
But bcaidos the previously-mentioned
£60.000 a year, and what residue may be un
spent from the rest of tho "civil list,” as the
£335,000 is called, Queen Victoria has other
sources of considerable income. She fain
her own right Duchess of Lancaster. Her
revenuo from this source has been steadii.-
incressing. Thus in 1865 it-was £2f —
in 1867,£29jDOOt in 1869, £31,000; in
ccinnty, Pennsylvania, for whoso veracity it
vouches: A man living near Windridge,
Green count- " .....
him five
Hfa name
; 'ouog the boy and second daughter, named
mcinds, developed qnitea fondness for hunt
ing, and were out nearly all tlio time, roam
ing ihe woods in search of game They
seemed to delight in nothing «o much as the
full life of a hunter, and would be'gone from
hdme for weeks at a time. After some four
. ears the boy quit it, and entered on
more industrious pursuits of life, but the
girl continued in tbe chase. Drawing herself
mere and more from human intercourse and
restraint, she haa become a wild woman,
fleeing from tbo approach of her kind with
speodof a deer.
During the early years o’ her solitary life
she used to approach her father’s house and
entice tho dogs to fulbfw ber, teaching almost
any breed ot dogs to become good hunters.
In tbe hope of bringing ber back to ber home
and to civiliz itinn, ber brother' followed her
and shot the dog she had' taken away, using
every inducement to get her to g > back with
him. But all in vain.
For eighteen years, since she was twelve
years of sge, she has lived this Wild life,
sleeping in the centers of straw stacks dur
ing the night and hiding in them daring the
summer ilie wild and cultivated fruits she
intends for her winter’s store of provisions
She fa now thirty yean old, and fa as wild as
the mo»t untamed den’zen of the forest.
Mr Messenger says that he at one time,-
while out hunting, met .her in the woods.
Her long, black hair, covering her face anil
eyes was matted with burs and leaves, and
ber black, fi tsbing eyes made her a atartiinj
iicture. She remained pcriectly still anti
■e got within twenty feet of her, when she
turned and fled with a swiftness no man
could hope to rival.
A few days tln-e she was seen sgsin, and
then - ha I in her hand three pheasanta and
fonr rabbits, but although these cm umbered
her sho eluded every attempt to capture her.
She baa been so long in tbe Woods that she
has become perfectly wild. Her dress fa
made of tbe skins of wild animals and a
blanket that the bis taken somewhere during
some of her nocturnal predatory tours
ter. like tbat of Cornwall, suffered for a long
time from the frond and rapacity of those
who were supposed to be ita custodians.
a, it now Is, it will probably have
doubled ita present revenue before the close
ot the century.
NEW yobk.
PATRICIDE.
New York, Juno 3.—The murder of Mr.
Walworth by bfa son creates a profound sen
sation, owing to the distinguished social re
lations of the family. The deceased wax a
son of tho late Chancellor Walworth, one
of the moat distinguished citizens of thb
State and identified with temperance, tract
and bibls societies. Tbe brother of the de
ceased fa a popular and eloquent mission
icher of the Panlist; family, bring largely
itilled with the moat prominent interests
in this State in the judiciary, In the chnreh,
in education and literalure/and have influen
tial connection. Mr. Walworth was bom in
Albany, in 1630, and wav, consequently, in
tbe 43d year of hfa age. He area educated
for the legal profeaaion.’and, afterbeing adm”
ted to tbe bar. he assisted bfa father for
short time in hfa office in Aibtny, but the
profession becoming distasteful to him, he
soon turned his attention to literatnre, mar
ried some years ago, and the result of that
union fa two daughters, now between 13 and
14 years, and the son, by whom be lost bfa
life Hfa morning. He haa been sepa
rated from his wife for some years, and that
lady fa now keeping a seminary for young
ladies, on the estate of the late Chancellor
Walworth, at Saratoga 8pringv, where she is
living in elegant style; Mr. Walworth’s con
tributions to the iitentureof tbe day are em
bodied in five works, viz : Hotspur, Loin,
Warew, Deteplaine and Beverly. Hr. Wal
worth arrived in thia city on Monday to at
tend the annual communication of the Grand
Lodge of Masons of the State of New York,
which commences this afternoon.
Mr. Mansfield Walworth, who vras
killed by hfa son this morning, waa a ion of
Chancello Walworth and well known as an
author. He separated from hfa wife
three years ig >. since which time he
has been residing in Sis city. Tbe
rcmsmder of hb family are living at
Sira toga. Hfa sou Frank came on from
Saratoga yerterday to shoot him. He called
at his father’s boarding house fast nigfat, in
Fourth avenue. Not finding him, he left a
securities—the Hate asking him to call at the Sturdevanl
’ House tMimoral*E, and aet him, Hfa father 1
Green
which divides the waters of tho Coli
from those of the Brazos- I mutt explain
as ncaraslcan what fa meant by hog-wallow
land. It ia always prairie, always rich, and
may be valley land, or on the ridges, or on
the eloping hill aides. The surface ia found
indented with large holes or basins resemb
ling hog belt, or to ridges and trenches re
sembling the surface of an old field that had
be-n beaded up for cotton. It is considered
the best and richest prairie land, and fa as
black as Lewis ClarkoVWach halt.
As we proceeded tbe land got better in
quality, and the slopes were gradual; and
while the elevations were not lower, the hills
seemed to get farther away nntil they were
scarcely in sight.
When we got to the toe of ihoridgoabovo
named I found it scarcely a hill at all, and
level enough to have thousands of acres cul
tivated, and of the richest
UOQWALLOW LAND
it only tbe people were there to do the work.
We were now overlooking the valley of
Brushy Creek, and were oh the line dividing
Travis county from Williamson coun'y. Tbe
land on the south side of Brushy, as fa the
case with ail the streams I have seen in Tex
as, fa more .undulating and tbe hills more
abrupt than on the north side. Indeed, there
are no hills on the north sides of the streams.
Whatever of high land there fa will always
be found on the south sides of tho streams.
Just here my admiration found vent in such
terms tbat Colonel Freeman
claimed the ginger cake
fairly won by him, and according lo my
own judgment. I tried to get off and mitigate
my confession by saying “this was an excep
tion,” and that I did not expect to be beaten
by the prettiest country in the wotld. But
the unmerciful Colonel F., in almost con
tempt, replied, “this fa only the rag end—
wait till yon get across the creek.” I took
heart at this, confidently believing that.
no fiber country codld be fousd,
anil at any rale resolving in my mind that I
never wonld acknowledge it, no matter how
good the country might be “across the creek.” were about to emigrate to America, the town
Bat Tmnst'defermy-viKt “over thn creek” • - _ • — "
for my next. I have the Texas fever badly,
feci cheerful, even
111PI3 lOHSlENT GOSSIP.
Strange Stories Isa Connection wlltl
President Grant.
OUli TEXAS LETT Elf.
Graphic Description ot Taxae, I
Scenery, Lands, Etc—Undo
"Jeeain Is Delighted—
Sleets with North
Carolinians, Vir
ginians and|
Georgians.
Austin, Texas, May 37,1873.
EdUart ContlUution : On the 8th of Hay I
left the Gate City for thb land of milk and
honey, and promised to let you hear frem
me. I came by tho way of Chattanooga,
Grand Janction and across the Gulf to Gal'
veston. Nothing occurred worthy of rpeefal
mention dating my trip to this point, when
I landed on tho evening of tho 12th. The
lands from Galveston to this place, except on
tho Brazos River and Ihe Colorado, near-herr,
are very poor for this country.
AUSTIN
fa a beautiful little city of about 10,000 in
habitants, surrounded by hills and bluffs that
remind me of the country around Washing
ton City, D. C.
I have met many Georgians and Virginians
here, and I find them aa a general thing good
fellows snd prosperous in business.
After walking arennd in tbe city and
vicinity for a few day*. I concluded to make
a trip in tbe country off the line of any rail-
So, on Wednesday, May the Slat, in com
pany with Colontl D. O. Freeman, a genial
S tleman of the Culpeper, Virginia: stock,
ind bfa spanking pair of Texts ponies ina
light buggy, we trotted away northward to
see the country towards Little River, in
Wlilfamn ind Peti coontiea. From Austin
to Big Walnut Creek, a distance ot ten or
twelve miles, the face of the country pre
sented to my eye
A SCENE OF RAKE BEAUTY,
high lands bordering tbe Colorado, which
almost encircles Austin in the wide sweeping of raft No. 28 about on&eighlh^
try in tbe steam saw and gtist milfa, gin,
blacksmith (hop, fcbooi-house, church, etc.
Passing Big Walnnl Creek a few miles
further, we came into land ltas rolling, more
fertile, and with few of tbe adobe spots, and
lying on the headwaters of Wilbarger and
creek* Away to our r
to threooQE four
aa eko ia able lo
or fifty feet, and
weight and
three or four
Once moved,
dirt crumbles, rai
pieces • - -
SSta«gwgHgfti£&
opening of the raft ni
It will reclaim bundi
acres of ihe finest cotton lands in the world,
now utterly useless, and prevent the further
destruction of many valuable farms, seriously
threatened by.tbc clongition of the raft,
besides opening up to navigation an immense
areaiQfcouuiryunw.im.tdestituteofsuch
A GIRL’S DIARY.
l tally love poor Charlie; but why should I ’
call the darling fellow poor? ™
London, July 10.—Received a dear, kiad
letter from Charlie;, also a sweet little lodratZ?
containing hfa picture. _ fc ,. ^ f tl t £ I.JV - .-. - .
from Charlie; be
it week. Pa says
know, loves mm
cry day. Tdo**t
at an iur the lions ot Trafalgar’ Square, u
I London il .1 d Ji.**j*H pivu.
■■ AuguaCl.—Wett with Charlie last
:—the. walk homo „
e wss delightful.
Charlie says he’d
would L; ! a r,2 — •
tppy day this haa
n’t know it Ull.il .
pa for his consent
ill Ii makes me giddy. I
nemo is beautiful; atleasl.T think ao—
s .Huntingdon.. J. won’t trust- - .<
timbre now. , -.*7*'. ,
| .—Chnrlie came in an elegant,
Touche, and -we drove all through the
do Boulogne. Can I crer forget the
? Just near the great cascade there fa a
ter of nine tree?, and as we sat there lto-
to the birds Charlie asked me to be
> be Mrs. Charles Huntingdon I
there waa no one near ua, bo-
to cry; but then Charlie kissed
deliciously. ’*4 i!
MMaMrMWnfaM
itember 15—1 o’clock at night—To-
‘ a bride. Charlie, darling,
$■ _ ... looked beautiful when he
left mo. I don’t know whether to laugh or
cry, and then pa’s iokesi I’ll go to bed. The
dress fa lovely. Wonder when I shall write
in this diary again. I wonder if wc shall be
pa \ '
The Story oi a Philadelphia
Belle Who Married
a Marquis.
How She Became an Associate
of Cora Pearl and Josie
Mansfield
iymen was propitiated in tho English
Church ia Paris, on the following day, and
with that all-important ceremony Sophia’s
y confessions ended, nnd so did her so*
tt in Paris, which - waa now terribly cx-
l over the disasters of the Franco-Pens-
war. Mr. and Mrs. Huntingdon did not
feci disposed to visit New York that winter,
but rented a fine house in Brompton street,
LodMK* Charlie dissipated a good deal in
billiards and cards, but he was not in tho
mar bisi'
Somewhere over six and twenty years ago
tho little town of Saint Asaph, Denbipsbire,
North Wales, was startled out of its boots, so
to speak, by tho announcement that Dr.
Samnel D. Huntingdon - , medical adviser of
the most noble Marquis of Westminster, at
such time as Ibe peer visited Halkyn Castle,
had privately married tho lady’s maid of the
Marchioness. Tbe nuptids had taken place
at Rbyll, and it transpired that Lord 'West
minster himself was present with a lowering
face, better suited to a funeral than a bymeu-
ial solemnization. The doctor’s wife came
home, but she issued no notification of being
‘athome.” A sister that btd taken tho
black veil could not have been more reserved
than she. Seldom going abroad except in
ber husband’s company, sho made no ac
quaintances and repelled every friendly ad
vance.
BIRTH OF TUB IIEBO.
In a very short time—three months, it fa
sail—a weakness in her lungs displayed it
self—at least Dr. 8. V. Huntingdon said so,
and he, of course,must have known her best—
that could only be arrested by a removal to a
warmer climate. So sho went to Torbay in
Evonshlre, and abode there nearly twelve
months. She returned, to all appearances,
icrfectly recovered, bringing with her a
'some toy who had already been c'arist-
Charles Huntingdon. It soon became
of scandal in St. Asaph that Dr.
Huntingdon and hfa wife did not get along
well, and when it became known that they
loney
enit
that
it fa handled by others.
J. O. H.
v fnearlv all agreed, however,
marquis had something to do with it, and
—rtainly he wasplanking down the money.
Dr. and Mr. Huntingdon and boy made
Philadelphia their home, and there, for a few
■ears, the youngest went to school When
lo was twelve the doctor died, and a year
after the widow and her boy went to Eng
land, where tho latter was placed in a junior
class at Eaton. Educated in the best ac aools,
when he grew up to manhood and entered
John Balio College, Oxford, ho was neither
simple nor seraphic. After he had graduated
he returned to tho United States to more
thoroughly study our manners and institu
tions; and it fa on his return trip to the
shores of Albion, in 18i0, where this narra
tive finds its inception.
SOPHIA WARD.
y in the bonny month of June,
1870, when a certain Ward family, of Phila
delphia, stepped on board a certain steamer
bound for Europe. They were five In number,
but the reader’s present attention must be ex
clusively directed to Sophia, a very pretty,
than the public fa aware of; and
movement fa a serious one, looking to blade-
dosltion from the high office ho now Alfa.
It fa to bo regretted, certainly. President
Grant has shown such high qualities in the
diMhsrgo of hfa duties; he has displayed
such a rcmarkablo perception of the temper
people; his administration
will be ascribed to mere partisan mi
Howerer, that it fa seriously intended
may rest assured. Bo that, by the met
may ■■■
of Congress in December, unless a new
tikes place in
mwfaj
Andrew joncson iromiuc x-raiucdc;
United States It fa alleged that thei
sant Journeying* of the President to
are dne to hfa wishes to escape from:
TDe Red River R»fl--Over One-Hair
•1 It Atreadr Cane.
The Shreveport (La.) Times publishes
very fall and interesting account of the great
raft in Red River, the experiment of ifa re
moval in former times, and tbe success that
ia now altcndingthe efforts of Lieutenant E.
A. Woodruff. Thi
required a vast amount of work, and the
Twelve Mils Bayou. Tho remaining patch
have no patience
ftunfi tip she sort of mockingly said to him t
_ a* mile “there 1 * yonr wife, Mr. Huntingdon,” whidi
bod of its stream at thb point. At'first long, fa the last solid one left, and that will made me bhuh exceedingly. Bat Charlie
the land seemed to me to be of un- be open by .the 14th of this month, when aays he doesn’t likeher, and I feel sure ha
interrupted redn ess. But 1 soon sound, boats will be able to go from Shreveport to doesn t. But why doca he keep by her side?
when my attention was called to il the head of Red Bayou, 18i miles from the Ami jealous? , ,
by Colonel Freeman, that there were many foo’.of theraft,andavoidTwelTeMileBaTon, June 20—How can I describe theeventeof
of chalk l.ke soil called adobe occur- tbe lakes and Black Bayou—something that last night. It was dike L.fairy ecate T»S
especially on the crowns of the hills, has net been done in thirty years before. A Captain had had the decks cleared ana noiy-
Fire miles from AustiN we pamed the little boat reaching Red Bayou by this route can stoned, and invited plan to abddener.
village of Fhkville, on Little Walnut Creek, get above the floating raft by going down Of diurse we
which i« surrounded with farms of rich land, Bed Bayou three miles to Btump Dam. scolded Jessie
and gave evidence of the thrift of tbe
and
It was early i
Washington Special to the New York Graphic)
'I he country will hear, with surprtao and
pain, that a serious movement fa on foot to
prepare materials for the impeachment of
the President of the United States. It is
alleged by the promoters of this new politi
cal venture that President Grant’s habits
are such that tbo nation cannot afford to
have him continue as its Chief Magistrate
sny longer. There bss always been a sus
picion that hfa thirst for stimulants was ex-
ccssive and beyond the control of his will, hazel-eyed blonde of some twenty summers,
and it is now known that by tho influence; There was much beauty iu her face, but it
especially'of hfa wife, he haa been kept as was ot tho stillest, quietest kind; and it
much as possible from temptation; and that ’ ’ ' * ; —
when he yielded to the seductions of tho cup,
cceccp, have been enabled to save the nation
much scandal. It fa now alleged that the
miserable propensity which compelled Ihe res
ignation of Capt Grautfrom the army infor
mer times his again obtained such a mi
over bfa disposition tbat for about two-l
of hfa time he ia under tbe influence of drink,
and tbat the public business suffers lamenta
bly on this very account. Now thia may be
all hearsay and - personal scandal ; but Ic
assure ycu that it fa credited in more quarters
the pnblicis aware of; and that the
might have been inanimate, but for the per
fect little mouth, which, smiling often, never
smiled unmcaniogly. Aa a wallr.isl siie avaa
simply pcrfeclion. However rapid the whirl,
she never lost tho languid glance that distin
guished her in repose. But nil the while a
practiced arm and eye could detect in all her
movements a latent energy nnd suppressed
power. Sho had a superb form,was live feet
six inchcsin htight.and was not by any means
niggardly of looks, word* or smiles, in re
warding her special favorites. She had been
requested to keeps diary while crossing the
Atlantic, and during her stay in Europe.
Sophia’s diary will speak for itself:
sormi’s DIART.
June 22, 1670.—Left New York at 12:35.
All bustle, bustle. Like the ship and don’t
fancy I am going to he sea-sick. At supper
■ i was surprised to find how many persons
of Ufa American people; hfa administration there are on board of whom I have heud-i
baa beer, on the Sole, so advantageous to There are . th , a . * h “ HSfln
the country, thtt there is every chance against B—and Other lovely giria jwho are I
themrcess of a movement of this kind, which
you new book, perhaps a diary fa for facts only.
’ I don’t know and I '
don’t care; but I am Just
going to write it as it suits mo. Aal was
politics, or the President grows conversing with my friends on deck I noticed
aUttlemorecsretul in htahabits,you maybe
handsome, manly love of a gentleman, and
which sccnmDanled the Sttemota to displace tlced he looked at me steadily. He fa tall and
Andrew Johnson from t£e Presidency of the magnlflccntiybuilt, with soft, deep, romantic
- -- - - - • that these faces- black eyes. Hia black, curling hair and soft
and fro silken moustache threw out to advantage bfa
local in- features and deliqiW complexion. Who do
flumces which lead him to drinking. It fa you think it fa ? Why, Chartie Huntingdon,
curious that the question aa to the habit of my former playmate when we lived at New
the President should have arisen at this mo- Rochelle, ““y, .J** 1 ? * "**
menL when a renewed temperance agitation then only seven years old, and he ten; now
seems to bare sprung npall over the country. I twen , l .J “Si 1 **
For it b certainly on the cards, that the so-, used to call me hia little wife^ Charlie fa
called Maine law—that is,dther local —
or the variation known as tbe Maine _
law—may become a question of national
magnitude, and cannot be kept out of the
general politics of the country.
ippy; ma ami pa weren’t
Hymci
habit of wasting his time unless the game,
whatever it wa«, was ‘just interesting, you
know.” The class of women, aiso.who flut-
ter from tree to tree in the forest of 8b John,
and build Ihcir ncsta in Bromplon giovu,
made heavy inroads upon hia puree. Still he
had alwavs plenty of money, and the agent
of the Marquis of Westminster fa said to have
seen him regulaHy.
THE CURTAIN FALLS.
Mrs. Huntington, meanwhile, had her snug
larlies and enjoyed htrsclf to tho top of her
lent in her own peculiar fashion. She waa
proud of her figure and in ita display wss a
perfect sorceress. Many maids and matrons
since Una walked in forest-land have found
it pleasant pastime to daily with tho name of
a couchant lion, nnd among Sophia's intimate
friend* there were men who were prepared
to meet all her wiles and finished coquetry.
In Charlie’s absence their utterances were
moro dark than oraclca when whispered on
tho wings of Dcdona or through the smoke
of Delphi. In tho Hamadryad there was
a touchof human weakness tlia't tho daughters
of O.-canus would have spurned, and from
which tho N-ftda were free. Sophia waa
not immortal.
She prided herself on her beauty. She
began to feel that Charlie did not suflicicntiy
appreciate her, so sho dressed moro particu
larly with an eye lo tho gratification of her
guests. Well, all such vanities and vexations
of spirit have an cud, Mr. and Mrs. Hunt
ingdon left London for New York in Sep
tember, 1S71. Somehow they found no rest
for Ihe soles of their feet in these United
States. Expressions ot parental dissatisfac
tion met Sophia in Philadelphia, and the art
ful beauty refused to rest till she was once
more in Europe. Cora Pearl, Mansfield and
others, have been her associates in Paris, and
six months since Charlie entirely renounced
her, and now intends to pursue his quiet
career independent of her, as tho following
’laractcristic letter will show:
“Westminster Hotel, London W., I
March 20,1873. J
H "F. L Knto, Keq—Dear Sir: I married S
curiosity, country worn Ji of yours ia Paris, on Septern-
-, that the ber 19,1370, and tua-Jc there a grave mistake.
I afaRT | You arc a lawyer who makes a specialty of
eucIi cases as mine. Divorces hero coat a
ereat deal, nnd make a great deal of scandal.
I have reason to keep quiet, you understand,
and 1 don’t stand upon lino points lo get mo
a divorce. Here arc some leaves from a
diary of hers, which her folks in Pennsyl
vania would probably liko to road.”
Here follows a detailed account of tbo par
ticulars already given. The divorce has
been applied for.
Bicliuoad and Atlanta. Alr-Llae.
S
We published yesterday a brief account of
tho opening of this important air-line, from
Grccucvillc, 8. C., to Charlotte, N. C.
This event, wc understand, only precedes by
a short time the opening of tho whole road
lo Atlanta.
Wo trust our “fellow-citizens” ot Rich
mond have some idea of the benefits that
this alr-Ilnc will confer upon them. Dr.
Broadus, in tbe Baptist General Association,
in this city, on Saturday last, gave most
forcible illustration of these benefits in an
nouncing that the Southern Theological
Seminary,In Greenville,8. C.,isnow“ncsrcr
Richmond than formerly. It used to bo
forty-eight hours and thirty-four dollars dis
tant. It i ; now (by the completion of the
air-line) only twenty-four hours and seven
teen dollars distant Only half the former
d tatancc computed in lime and money. That
fa quite enough to wake np even a dull com
munity (which ours fa not) to the importance
of a great improvement
The grin in distance will be ns great in
. roportion to Atlanta ss it fa to Greenville,
according to Dr. B.’s statement Such an
advantage to this city fa immense.
Wo trust thatour business men and manu
factures will keep their eyes upon a work
which promises ao much good to this city.
Wo should now be extending our businom
relations with Western South Carolina and
Northern Georgia. Tho field fa a rich one,
and it fa entirely wi''
on hfa way to Heidelberg. He recognized
me first as I was walking past, when he roee
np and suddenly springing toward me, said,
“How fa my little wife? I beg yonr pardon,
may I still call yonso?" Wasn't it funny ?
I wss of course very much astonished, and
was on the point of eeeking assistance of the
Captain, when he made himself known, and
was, of course, immediately introduced into
our little coterie.
QS CALLS BER sorav.
June 23—Weather a little tongb, many un
able to leave their beilhs. The wind blew
fing extr ...
the work thna far accomplished, how it fa rather heavily on Chanie’a arm. Does he
done, and the benefits to result: love me? He speaks so earnestly and up-
The moat of the fleet fa now at work at affectedly, and teems ao happy to talk of old
Twobead No. 35, seventeen miles from the times; it’s real nice, and I am sure he must
foot of tbe raft, having cot through twenty- have thought of me a good deal. He calls
four two heads. To reach this point bis me Sophy now.
‘ ” ~tme 25
June 25—Calm, beautiful day. Got up
heaviest part of tbe undertaking. The early, and felt greatly refreshed. IhatcJea-
channel cut in the narrowest part fa sev- nie 8. It fa only two days Einco I first in-
enty feet wide, and this only occurs in a troduced her to Charlie, and at I came on
few instances. In neatly every cut place the deck, there she wav carrying on fearfully. I
channel fa as wide aa the river Just above have no patience with such cheek. Aa I
Ij within tho ephere of Rich
mond; and the Southern people, aa we all
know, are most favorably inclined towards
this city by every consideration of kinship,
ly, and community of interest and
enffering.—Richmond Dttpolch.
A Remarkable 1’ropUecr.
The following, which fa known as “Molh-
cr Shipton’s Prophecy.” was firet published
in 1485, and republished in 1611. All the.
events predicted in it, except that mentioned
in tho last two lines—which is still in the
future—have already come to pass: ’
Carriages wlifaoet bocaca ebalt go.
And accidents fill the world with woe.
Around the world thoughts ihiil ft;
In the twinkling or an ere.
Water shall jetmoro wondcrado
Now atrange, yet rhall ho trne.
The world npsldo down eba’l bo
And gold be found at root or treo
Through hllla man ahatt rldo.
And no horse or ass be at hia aide.
Under wa’c r men ehali walk.
Shad ride, thill Bleep, thill talk.
In the air rarn shall bo icon,
lo white, In black. In green.
Iron In Um water rhall Heat,
Al CUT aa a wooden boat.
Gold than be found, and round
In a land tbit’s not no w known.
Fire and water ahall wonders do,
England shall nt last admit a Jew. -
Cultivation of Fish in Ditches and
Ponds.—Much attention fa now being paid in
Germany to the cultivation of fish in ponds
and ditches, snd it has been found, contrary
bie for the purpose than other large bodies of
water, apparently fresh and pure in their
character. This fa doubtless owing to the
great abundance of animal life, ss well ss to
the more decided concentration of vegetable
substances in the form of Iivingplantsof dif
ferent kinds, including the alga. This pro
ds hastened to dress, and I
get her to fix me beautiful,
thence by the 8ale £ Murphy route to Barged as I wasn’t going to be outshone by Mfas
town; or.it can take Foaten Bavou, just Jenme-r—. Well.4.0 dock came, and rail
above the Bed Bayou outlet, snd follow the nice music sounded on deck, and tho night
- was lovely. How noble Charlie looked in
his we’l-fitting dress coat, and when I joined
done, a decided improvement in our comma- him, and we passed along the deck together,
nication with the upper country. A good 1 heard some one whisper, "What a splendid
deal of- work haa already been done by a couple they do make.”
for the respiration of tho fish and allows >
larger mass of life to be crowded together in
a given space. The reproduction of the
species fa also unusually rapid, and tho young
grow very quickly.
a- A beautiful young girl who has been
traveling" in tbo West as drummer for s
wholesale grocery house of Boston, has Just
been discharged by her employer because
site induced tho retail dealers to order more
goods than they were able to dispose of or
pay for.
A man who will take a newspaper
fonr or five years, and then refuse to p»v for
it. should begin hfa name with an A snd end
it with s g, and put an o in the middle.
Ill Gilead (Ohio) Reg liter.
The editor who w’fll send hfa paper to s
man fonr or five years without getting hfa
pay 'for it, should begin his name with an /
aud end it with l, and put two o’a in tM
middle.—lima Dcnwrat,