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ATLANTA, TUKSDAY, junk 17.
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iBqalM
Qocca Victoria and the Shall of PeT-i» are
both rulers, bat one b a virtuous British
woman, and the other it not SUIltbe latter
la not to be dt'trgarded in theae days of
ntvntal computations, leal be Incline too
strongly towards St Fetcraborg. Hb serene
from Teheran b on hb trarela;
be approaches London in
of belter balers, variously estimated by dif
ferent nreia- conn pondenta opto as high
at thirty. Three b the lowest figure that we
bam an Tbs i-ffidal reception of the U-
Inetriona rater from the Beat, in England,
presents an unprecedented question. Itb
all plain sailing so far aa the Shah b con
cerned; bat bow shall the three
thirty; Impresses of Perris be ei
tained without encroaching upon i
science* The wise men cf her Majesty's
Court are searching day and night for a way
that will harmonize etiquette, conscience and
the nation's interest; and while they are
cudgeling their brainaforasoiation.iheShab
mores steadily on toward* the pez
household of State, with hb large imperial
TkaCmrrailn tlCsrstaan.
We bare; day by day, forcbornecommei
ing, editorially, upon the contention lately
bdd In thb city, the meanwhile otaenring
closely the triewa and opinions of oar nn-
mcroai exchange* upon, not only the con
tention itself, bat tho great quealion also
which that tody was called upon to discuss.
Both bare elicited a eery unusual amount of
public attention, and we are happy to add
that in thb respect we bare not been diaap-
Kditors Constitution
to ha posted as to what is passing in the
cities of the Bute, when anything {occurs
in which one of your citizens b a prominent
actor, I send ’yon n notice of a lecture de
ed here thb morning in the Baptist
Church by the gifted orator. Her. J)r. Wills.
He waa to bare delirered it last night, but a
severe rain-storm prevented. Thb morning
the citizens generality called upon him and
d him to give it to-night, and be did ao.
Every two weeks he preaches in the Presby
terian Church of thbdiy.
The lecture waa listened to by a large and
attentive audience. The subject of it waa
“The Ideal of a Perfect Woman,” as drawn
from the last chapter of Proverb*. He com
menced by saying thb waa an inspired por
trait of woman perfect hi all its part*, and
:b Samnel’s mother commended to her
Iriou* son—a portrait which b profound
ly philosophical, bat not obscure; emi
nently practical, bat not coarse; exquis
itely betutifal without any of the tinsel
touches of romance That the first
feature in the opening picture b pore and
’‘filed femininity. A model woman
. hare all the peculiar habits, tastes and
prejudice* of her own sex's without any in-
ermixlore of male qualities, tastes or habits
The second trait b that of jdiicrction. The
heart of hcr'kushand doth softly U tnut in her.”
The third element of thb noble painting b
■ ■ of practical industry. She eeeketh
and flax and workeih i
her own hands. That the
feature of the galaxy of female graces
b baaaty la Ha purest and highest sense,
and woman to render herself as beau
tiful and attractive as poaaible, had a right to
dress in accordance with the approved stand
ard of fashion, ao long as her apparel corres
ponded with her means, no matter how
splendid that may be. Bbe was made to be
loved, and an ill-dressed, slovenly woman b
diitaleefu] to every refined and high-minded
i for theexchange
of prod acta between the diOerent sections of
the country b not only felt, but actually
threatens a war, not of words but of fact,
between the people and the railroads in por
tions of the West. Bach a result would be
; to a fearful extent, upon oar com-
, and one in which we (the
b) would suffer with the rest. Various
i and projects have been suggested
look tag to present relief, a cure; or remedy,
ee the cate might be. end all urged with more
nr less vigor. The convention waa called for
the purpose of considering thb question—
issirnura tub eexedt—and of aacer-
it possible, the popaltr will lo
It was called to meet
at Atlanta because it was believed that Geor
gia could offer to the crontry a ronto be
tween the West and the sea which would not
only meet the wants of that section, hot
would, at the aarnc time, open wbat b of in
finitely greater importance to the future pros
perity of the country, the way to a great
borne market for our reapectire products.
Borne eighteen nr twenty State* were repre
sented, and it b gratifying lo ob
serve the unanimity of sentiment that
prevailed. We look upon the action
taken aa highly Important and sig
nificant. The meeting was well attended,
opeeiaily from the Booth, which had, up to
thb time, manifested but little interest in the
matter. Among the delegates present were
some of the beat mind* in the country. The
convention has settled several important
points: Pint—tho need of cheaper transpor
tation. eecond—that railroads do not and
cannot meet our present wants: Third—
that transportation by water affords (be surest
and only hope of rcIicf,andtaat,butnotIcast (
that the government should aid. In some way,
the development of the proposed lines.
The action of the body was wonderfully
free from party bias or sectional prejudice,
and its recommendation* are not only prac
tical and common sense, but eminently
national and conservative in character. No
body can read tho manorial without being
struck with the fact that tho convention not
only understood the nature of the evil, bat
also wen knew the mean* by which relief
most come. The proposal b mutual
in interest and benefit, and presents
a neutral territory upon which East
and West, North and Bomb,
meet, shake bands and become friends in
reality as well as in profession and name.
To aceotnplbb any great work requires union
at purpose and action, and in the feeling
manifested by thb convention, wo believe
the patriot will find the beat hope that the
bitterness of the put will be forgotten, and
that we have taken tho first step in thegrand
onward march of material progress.
It b true that in one or two instances,
where some project of partly local interest
was overlooked, the press of that particu
lar locality hu pronounced tho
a failure, and have endeavored to
men so. Bat selfish motives I
apparent that such strictures carry no weight
with than, and especially u most of
hu been said rests upon mere assertion with
out fact or argument. The larger portion of
the pirn* fully Indorse tho recommendations
made bv the convention and give them un-
Tho work in which the
t deeply interested, tho Atlantic
and Great Western Canal, has been,
without an exception, pronounced an enter-
prba of national importance and necessity,
and the declaration b general that it mint
and will he budl. Thb we confess b a source
of great satisfaction to os, and we are dis
posed on that account to look more leniently
on those who attack it solely upon the ground
that "it has a corpont'on behind it,” and
this b the only ground of attack that we have
yet seen. And we will Jut here remind oar
people that bat for that corporation and the
men who compose U, the great canal never
would have been heard of, nor. would Geor
gia to day have even the prospect of becom
ing the great thoroughfare of trade for the
J
VOLUME VI.I
ATLANTA, GEORGIA, TUESDAY. JUNE 17, 1873.
INUMBER 8
Cawaty News.
[, June 9,1873.
Knowing you desire icrBEiix coobt or
The fifth requisite to a perfect woman was
intellectual culture—while at the same time
her education most be adopted to her sphere
and taaet. Talent in the family comes from
the mother. But the crowning excellency
of a perfect woman b enshrined in the gold
en vow, Favor it deceitful and beauty is vain,
but a woman that fearcH the lard she shad be
praised, and that her troe glory at bat lay in
the fullness and fragrancy of her affections.
She who loved most purely sod strongly wu
the greatest of her sex.
The lecture wu full of pointed, spicy bile
and good advice. After it wu over 1 wan
dered alone through the vul crowd to
ascertain bow the home-thrusts and big
thoughts were received. No fault wm found,
and many earnest expressions of gratifica
tions were uttered. I wu particularly
irompled to send you thb glimpse of the
DECISIONS.
Delivered at Atlanta, Jane 10,1873.
Sarah E. Ke
ing sold the land apparently under the pre
scribed forms of law in satisfaction of the
oldest lodgment lien against the defendant,
the claimant u a purchaser at that sale ob
tained a good title to the land, although
there may nave been an irregularity in mak
ing the levy on the land by the Marshal,
when the land had been previously attached
by process from the State Court—Code 2588.
In oar judgment the Court below erred in
overruling the motion for a new trial in view
— -in.™.. t*. i of the facts disclosed in the record. Let the
roFiiS. ' 1 judgment of the Court below be reversed.
, from I & jj^ for pIa f nliffin error.
A. G & P. C. Foster, lor defendant in
n.T nt thk maasnaa bt I
junction, from Baldwin,
f IB, C. J.
Thb was a bill filed by the complainant
against tbe defendants u fxecutor and exec
utrix of A H. Kenan, deceased, to marshal
the assets of the estate of the testator, al-
t to be insolvent, and praying I
T. G. Campbell vs. Tbe State. Misdemeanor,
from McIntosh.
taS?KT&5SSSf I ^fctataJwas indicted for the offense
uTde^Tte MS “toting
her claim for dower oat of the land of which
hff d^yaafd riifd jrifzd possessed I , onc Fwher, who was allegea
7u * ,l jvtv to have been in contempt of the Justices
at the time of his death. The defendant, I “V.„
bM - zstittssss: Sss&sfwiiK £1^ s «u
abmldnot be granted rrakntog & from
lion granted tbe same, and tbe widow ex-
* bcT ^, t0 * 01 " which are now assigned for error here. The
I *»0th section of the Code declares, that
The arrest, confinement, or detention of a
eentrix, and legatee u aforesaid, after pos
sessing and enjoying the assets of said estate
to a large amount in excess- " * J * "
er.and wuting the same , .
^y^M I ^“snK M^gUwte^dril 0 ^ ^
part ttSS) wbic™ rade^thHTw of" .fa the «““* ? f ™ P®t
&tate,w™dhireU the widow of“
legal right to dower in the land of her dc- ?£i^£° u , nd fn.T?
atased husband.—Code, 1754. Equity b an- g”** jj.fibfa.3S5l
ciliary,not antagonistic to the law; hence, I {“!*£ D 5^ # hSX D {.v ih^
equity follows the law where the I i j? priT ?»»rt of lb/nim 6
rule of law is applicable, and the I ‘SShtnniWm^ndef^nf^mt*
analogy of the law, where no rule b di- S-^?“*
rectiy applicable.—Code 3024. The widow|^
of the deceased testator bad the legal right 11? * "fW* from ,££ r ?? Md L~.*, , 1 0
to her d^Sin Shdlw? of”he "Sd
of which her husband died; seized and poa- SSHLJnSjJSjfwrfbTivta.
aeaeed at the time of hb death, nnleas that £?L‘i r s vTriLrolSniS
right waa barred in the manner prescribed by {”* /?'
the law. There being nothing alleged in the tho nth
complainant's bill, which, under the law,
would bar her of her dower, th3 Court be- n “ f * ??'
low creed in restraining her by injunction I CjjE* SJStSV'hSt whether m'hertoriM
hCT ^ right ‘° h "° HSd^^nVSo^MmM
"lc?the* judgment of tho Court below bc Co " rt 1 “ P™wlded by Act of 1889, the
juu b uituv oi uiu v«iuik uviow | record does got inform us. But it does ap
pear in the record, that after revising tbe
jury box under tbe order of the Conn, the
_ „ Commissioners, and the Ordinary, with the
Sssss: * ^ i ro r J , s^ dminu -
nos) aay he wished a notice of it could ap-1 wamernn , ouon, Irom J1 *P er - I April Adjourned Court, on the 14th day of
«*r in your paper. . . . jM»cb, 1873. Thb we presume was done
Thb city hat grown much since I was I there was anenlry made on the I un d cr the provisions of the 3d section of the
Wm. McKinley, for plaintiff in error.
Crawford & Williamson, for defendant.
tracks one morning, under circumstance* in
dicating that it had been killed fay the train,
which had passed that way during the pre
vious night, and it farther appeared, that the
place where the mole waa killed was In
field, into which the plaintiff had turned it,
with other stock, to graze, a*d that mid field
was a common endosnre-uC tbe plain tiffs
land and the railroad track—the plain
tiff’s fence on two rides, running over the
right-of-way to the track, and with cattle
pita across the track:
Heu>, That under such circumstances the
railroad company was not liable for killing
the mole, unless there was some actual neg
ligence of the persons managing the train,
and it appearing affirmatively by the evi
dence, (without contradiction) that there was
no negligence or want of care, and the Jury
having found for the plaintiff, the Judge
ought to have granted a new trial.
Judgment reversed. ,
L. H. Briscoe, Geo. F. Pierce, represented
by Z. D. Harrison, for plain tiff la orror.
Crawford & Williamson, for defendant
A J. a Jackson. GuardbncYa. Samuel C.
Hitchcock. Certiorari, from Greene.
McCAT.J.
Samuel C. Hitchcock havingbeen appoint
ed guardian of Iahy Hudson, py the Ordina
ry of Bomter count, moved hb guardianship
in terms of the law to Hancdak county. On
the arrival of Hudson to the age of fourteen
years, Hitchcock was, by petition, removed on
the ground that Hudson was i now 14 years
old and bad chosen anotheinffiardian. This
was done in tbe county of Hgneock. Boon
after, A J. 8. Jackson was
dian of Hudson, whoso residojrewraa then in
Greene county. -jf
Jackson, the new guardian* cited Hitch
cock, who resided in Fulton county, before
tbe Ordinary of Greeno county to account
Hitchcock acknowled service of the citation,
but did not appear, and on an esparto hearing
the Ordinary gave a judgment against Hitch
cock. An execution waa issued and levied,
and Hitchcock filed an affidat
on tho ground that the Oi “
county had na jurisdiction to
count.
Held 1, That as theOrdinuyof Greene
county did not have the record of Hitchcock’s
guardianship, and as Hitchcock had never
pear in your paper.
Thb city has grown much since I was, - .......... , ... „.
here, two years ago, and the general business bench docket of theiSuperiOT Court inthcl Act 0 f jgjp. Whether that jury was
has also vastly improved. About 10,0001 handwriting of the presiding Judge oppoeite I legally drawn or not, wo are unable to aay
biles of cotton have already been marketed tb 0 c<(e > Btsmissed by order of plaintiff’s I f rom the. confused and unsatisfactory
here thb year. Among its active merchant* * t i? rn *3 r » October term, 1870, and abo the I statement of facts disclosed by the record.
I find one of Atlanta’s former business men, ‘“'•owmg entry theieon: Received the I Bat conceding tho juries were regularly and
J.O.Torbort Hb storeb a model of neat-1 *_“■* &*•** *fe ne< J I legally drawn, the next question that arises
nets, handsome and well arranged. Two V ™ p 1 *™ ®« “>« At the August ^ the case, b as to the legal power and au-
stonc stores and several fine dwellings arel**™ ®* “J® Court, 1873, tttc plaintiff’s »t-l thority of the Court topurge that juty in the
now in process of erection, and four fine *®*5?7 » molion to set aside said entry I manner disclosed by the record, and to com-
brick stores are soon to go up. of diamtseal on theuocket, tm the ground that I the defendant to select hb jury from the
Tbe crops all over Morgan county ere I it waa merror and unauthorized. The defend-1 twenty-fonr so purged and composing a part
looking splendidly. On last Saturday an “tthe case objerted, and made a motion 1 0 f the panel of the forty-eight ? It appears
e splendidly. On last Saturday an I UJ '= 8*7= » niouou j 0 f the panel of the forty-eight ? It appears
llural meeting was held in an adjacent i" 8 ® 1 ?** judgment of dtsmisnl by order of I f rom t ho record, that on the first day of the
Ohio. Tho question: “Does farming plaintiffs attorney on the minutes of the Court, and after the Court had bccnorgan-
In Middle Georgia pay ?” was earnestly dta-1 Court ntwepro/«»«, whit* IheOomtrefaaed I a motion waa made to have the juty
cussed; many good speeches were made. I “** U> 8 defendant excepted. The defendant I purged to ascertain whether they were intcl-
The question of raising cereab b to be ban- then tendned an bane denytng that said entnr I ij™; snff upright jurors. The Court ap-
died one month from last Batnrday (their | ® f w “ anenorand unauthorixed, | pofated a committee of three to take out and
t are monthly), and I learn its lead-1 lrat that the same was made nndcr an agree-1 examine the jurors to see if lbtsy
then will also bring forwatd the qnea-1 ““^“™®“ d ^* , “d>ngoctweralhedetotdj | ,he standard stated by_ the Court, to-wit: 3. When a prisoner was regularly ar-
been appointed by him or been In any way
subject to hb juriadictioD, said Ordinary had
no power to call him to account or to give a
judgment against him.
Held 3, That the acknowledgment of
service of the citation was no waiver of the
jurisdiction, and as Hitchcock did not appear
or plead to the citation, the Judgment was
void, and the remedy by affidavit of illegality
may be used to make tho question of juris
diction.
Judgment affirmed.
Edward L. Lewis, John C. Heed, for plain
tiff in error.
Bcoj. F. Abbott, for defendant
Mitchell Cogswell vs. The State. Murder
from Chatham.
BIcCAY, J.
1. It b not error in tho Judge of tho Sunerior
Court to refuse to continue a criminal case
tho ground of the absence of a witness, it
not appearing that the witness has been sub-
pm nad, and no reason b given why ho t
not
3. When on a motion for new trial one of the
grounds insisted on was .that one of the jury
who tried the cause was asleep during a por
tion of the trial, and no affidavib were filed
with the motion, bnt it was proposed to show
by parol, at ihe hearing, that melt was the
fact and tho Court refused to hear the
witnesses, and refused also the nw trial.
Held, That the proofs ought to be made
i a part of the motion, in writing, by affida
vits attached, and that a new trial ought not,
in any event, to be granted on such a ground
unless K affirmatively appeared that the
trisoner and hb counsel did not know tho
uryman wu asleep before the Jury retired to
came up to find ayerdict.
All right; we could not afford a “marble
stone,” even if she wanted it, and expect it
would be difficult to find a piece of ground
where graceful willows grow, the sunset
lingers near the margin of the river, by a run
ning stream (no atm water will do,) and be
neath the moss and fern: but we will try.
She wants a cemetery lot all to herself, too.
Rot when man sleep In numbers
Would I hare my Rating place;
Aloo. In life I w&ndar.
And in death would leave no tiace.
Wo hardly understand what b meant by
'leaving no trace,” unless she b a harness-
maker’s daughter, and has to stitch tugs for
a livelyhood, nod her work so poor that she
wants it buried witir-ber. Bat it makes no
difference, we will collect every trace, breach
ing and hameslnp on the premises and bitty
them as she requests. She wants more at
tention yet, for sho adds:
Lvr mo where the moon’s soft
on my grave will aomaUnts (al
And tho withered autumn leaves
O’er my breast will make a pall.
Fint she wanted to bo buried “where the
sunset lingers,” now abo thinks “where the
moon’s ray a fall” would suit her better. Bnt
it the willows grow there, ferns and mosses
will not (any botanists knows that,) and wil
low leaves aren’t worth a cent for making a
pall, bnt that’s her lookout. Bbe winds np
thus:
tion of forming a stock assoebtion for the pur- “j, plaintiff and plaintiffs attorney, that if I Whether they could read tho Constitution of
toaeof purchasing a thoronghbreail bull, (a I defendant would pay the gum of $3,700 00 the United States and the Constitution of this
Bevonwill probably be selected) a stallion I ®“ ti> e a®* 6 ® s u ed °®. ,l should "P 8 ™!® as »I stale, and write. After the committee had pri-
and several hogs. I psyment and settlement of '“ 8 wbo }‘ I vstely examined Ute Juries, they reported to
A committee of three was appointed to in-1 d 'bt of $>,400 00, and that said I th0 conn that there were eight colored men
vUe Mr. Speights, of Griffin, to bring and 1 8888 _5 h .® „ .. dismissed._ The Court I an( j two w j,ite men w j, 0 could not read and
exhibit bb shaft plow at their next meeting, refused to allow the issue tendered to be tried I wrile according to tho views of the Court.
I was present at thb meeting. The wives I by a Jury, and Iba defendant excepted- The I whereupon the Court excused them from
and fancy daughters had a splendid dinger Court examined the witnesses, holdmg U>*t serving at that term of the Court, and ordered
■at out, and all men invited to partake. “S! ‘ Uto Sheriff to fill up. the panels with
W. a I whether ihe entry cf dhmlmal was an er- from tho jury Iut who con , d
I ror sod made without authority, to which 0 n {q |j| 0 standard as ruled by the
Ewgemle In Haarmlw*. | the defendant excepted. Jn our judgment, Courti ^, hicU wag doDC- Tho twenty-four
" or me IKmrt tOI tnmra thnanmwml hi the nr.W nf tho rtmivt
raigned and pleaded not guilty, and was tried
and found guilty and a new trial granted, it
b not necessary that he should be again ar
raigned on the new trial:
Judgment affirmed.
A P. Adams, represented by H. B. Tomp
kins, for plaintiff in error.
Albert R Lamar, Solicitor General, repre
sented by A R Smith, for theEHalc.
Joseph Smitit vs. T. J. Maaonjft^ cfcileclor.
Illegality, from Jones.
TRIPPE.J.
_ _ _—, . _ ... I tt was me province ana auiy oi me oouri to i ; ar ors thus purged by the order of theCourt
The Empress Eugenic has returned the control the entries on its own docke^andif I instituted a Mrt of the pansel of tho forty- Before the passage of tho Act of August
visit made Iqr Queen Victoria to ChbeUturst, I incorrectly made to havethe same cbrrectod, I e! - ht put npon uie defendant, instead of 24,1873 there was no authority In any officer
Hr d w1!l^Wd* 1 that of*tho D h^r* wh ^ USfi?' 1 ftot ““ those relected^ the Ordinary, Clerk of the to transfer an execution for taxes so a* to en-
of widowhww—thatof the firet degree hay I on the docket But while we do not cp 11 * I Superior Court, and the three Commission- title the transferee to enforce the same by
iD f 8 'J° l th , e ^“ U0 1, 0 j 2“ .WL-S crs.and drawn from che jury box to servo levy and sale of tho property of the defend-
of fashion which regulates thoo mattoi. I the entries on its docket, itb not to be un-1 M i n mrn for that term of the Court, ant
^ntom^tothu'Freneh mSSe^f wrartoe w M^of T* 1 ® Uw ** T “ *° the ® fflcera 8 P ccified in 1118 Judgment reversed,
the dress. Itt lugubrious blacknras, blacker was to be dismissed fa pursuance of the al-1 St^tiOT* Court or the Judge’ thereof. K- A. Reid vs. J. B. Whitfield, ct al. New
aai^’faaassi'a ESSaSrai •**-—
depth of aoROW. Not a particle of tnmmmg I jn pursuance of that agreement between I gj-j ehould have been allowed bv tbe
^^Sd^WuS^W^ j0d8men ‘ ® f ‘t'C®“ rt C^,1SdR w«error^^omfSThbuto
corsage, as beheld in Engund, even in cos-1 below be affirmed. 11«, t,:.:™ m™ v7
I below be affirmed.
C. B. Bartlct, for plaintiff in error.
TRIPPE.J.
1. Where several grounds are taken in a
2223 ***W.gB3W g”g’l V- U ^,‘ CI -. lor P " t TI“. 1 ln i. , : r Ti r ' r tr.m I constituting the panel put upon the defend-
hTwe^ring rfShi® to.^n of rilgJi I mondfto I “‘were notseieeted and drawn according if thcrebeanyone of the grounds ofwhkh;
lect hb jury therefrom. Ten of the jurors motion for a new trial, aud the Court grants
" ' ‘ " ' tho motion, without staling on what ground,
uia. ..S h. — - -z. -r, h „ I > I to law for tho reasons before stated and that
SMmMra V5 KT A long I pieming Jordan,«General, vs. E. W. I ^ todirted" Courtwould not interfere, the M grating
yaflpfpeouliar color.called tansu, unknown |' g.y^, ForfcUnre of bond, from I ^4300* Action oftoe cSioTor. 1 ^1^7®-
Of I waKrait r i I prisonment, under color of legal process, as
22* »tinli«« ,I>0 ^n D8 ih»l^' 4RN2Il ’ C ‘ 3 ' , I specified in that section. Ho was not ia-
J® 8 ." 1 ®? SCTere etiquette; even me It appears from the record in this casethat I dieted under tho 4432 section for malpractice
°°".° 8t , • . *?. . I the bond of one Digby. who was indicted tor I j n office as Justice of the Peace, and, tbere-
tSSVvMw •t,?^ n «hti!g ^ I murder, and hb securities had been forfeited, I fore, was not entitled to the right of appear-
.^1 • r°r ,, ‘ d0W .* scire facias wu issued thereon against Ute | j ss and being heard before tbe grand jury
^ f securities, and whilst the same wu pending w hen the bill of indictment wu found
Bat the second period of mourning .copara | and before judgment, the General Assembly ngminst bim.
08,183 ®° Act relieving the securities from ~Tho Court charged the jury, amoogrt
ggSl® , into a more tender | tll Habffity on raid bond on the payment of other things: “If you find from the testi-
mi 811008,8 Thc defendants having pleaded the mon y and the warrant that it wu manifestly
I Act to thc sort facias pending against them, I illegal, the law presumes malice, u the law
?^°° it8 ®, Ute Court decide! that the securities should presumes every officer knows the law, and
r°i a °? ! ft 0t V e be discharged from their ltabilityou said I will act in conformity thereto in the issuing
bond ®p°® Uie i r to f^ 8 Solicitor Oen- 0 f any warrant, mandate, or process.” Tbb
widow avail are thrown uide^tmd the mantle Urd the sum of five dollars for his costa, and charge of the Court, in view of the statute
cr fash ionshic atiane. alwava nrovidea it DOM I , he Collrt <^5^ due on tbe firs/oao* Under which the defendant wu indicted,wu
Whereupon the Solicitor General excepted. I crror . The warrant of commitment must
. k. ~rTnitt«i . i In our judgment the Solicitor General WM nDt only have been manifestly illegal, but T
a dtdlCTape flower may_be pOTOitted toap- entitled to the five dollars allowed him by tho arrest, confinement and detention of TRIPPk,, J.
g-. “ 18 7®?°. *jr , .gsL2S law for the proceeding by sore facial to en- Fisher under it should have been shown to
thb aeconii period tntnerrencnwiaow'SDe-1 rorce the recognizance, and no more, ezeept I h svc been malicious and oppressive. The „• ,.
, t8 » os are allowed him bylaw to be Uw^noTp™ mslicesgainst aiudi- Sa'Xr" 1 C?1U ° ted - a
first Tints. Until then she is ocrersupposed J {axed as Court costs, and which the sccu-1 c j a i officer because he renders an Tllec&l
to b» acen abroad Tha carriage in which ^gwere bound to pay under Ihe Act. I judgment, or because in the discharge of hb nf 6 tfi« .'mnnnt of th.
she b driven to see her frtrads b covrred Tbe solicitor General claim* that ho had a official functions he does on illegafact; nor for th - - reC0TOy 1 1118 1 of the
irifi^acerUin kind of crimped black doth. I Te ^ted r^hTinthebood totbeainount ®fjjvc I dliJs the^toluto^undcr'wltich "lire "defradant '“jXS^revcraed.
madcexpresily for the paroose. sotostno perceagof tbesum due thereon, of which i od i cted so contemplate. The arrest, Judgment reversed.
General AssemMy, by Ute pas<age oMhe | confinement tnd detention of a person by
trn^JIui th8 y “'s’ 1 ' d , eem .prop®. 0 - I -1 ?™ w “ n ? I conduct when Ukea in connection therewith.
Bfajeaty appeared at ^ j® d ^ent of the Court below be
“S5f , l^%2?Ng 8d i •» «> 8 Sclictict Gmicral a rigbtto re-1
forehead, and a largo bow with tong. Boat- fiTe per cent on tbe amount of
ing ends behind; a shawl of plain, bluk Tbe law gives to him aa hb feet
l, even against the corporation
an far developed, amounts only to thb
that the parties making tbe attack cannot
tee how k b possible for any body lo have e
chance to steal and not do it. What precise
effect thb kind of argument will have upon
the public mind, wo are not exactly prepared
to sey. One thing, however, ta patent, their
estimate of human nature-b not flattering to
the rest of mankind, however jest it any be
to that portion of it of which they have aa
undoubted right to judge
There b nothiog in thb world without its
use. It b said that the cackling of
, W. B. Gaulden, Amos T. Akerman, Hill
, KIA Conley, for plaintiff in error.
heavy fluted trimming of"tbe J^.ltmy™®P°»ffi<*fe d ®°proceedinjiTtoenforce ^^f^jaaSu^irfae^SL 1 ’^
heavy fluted tnmmtng or the same; I a recognizance five per cent., m an officer I “J — ■
and a dress ana tunic likewise oi I state, and that is all.
plaiabUck cashmere with folds crape, | Let the judgment of thc Court below be
completed her coatumt The Empraa I affinned
Eugenie baa grow^mnch stouter since the I Fleming Jordan, Solicitor General, for
Inner, | p ja.inUff in error.
C. L. Bartlet, for defendants.
and that that bird was ever after honored for
the fact, although wu arc not advised that it
was mar move respected for
so of our cockier* If their efforts in that
hee tad oca the people to guard well the pub
lic pane against the kind of gentry wbo
believe “that human virtue consists only in
want of opportunity,” good! We aay
N,gooa®! even though your cackling retulu,
M in tbe case of y
The following are the officer* elected for
Vice President—D. F. Hammond.
Treasurer—J. B. 8tcw*rt.
Secretary—H. T. Phillip*.
xxECunn cc
Her. B. C. Kelcbum.
Rei. F. P. Perdue.
J. C Kimball.
RE. Rawaoo.
John Collier.
AG. Moore.
A. Leyden.
W. A Hemphill.
L L. Harris; Bsndford & Forman, for
----- , — _ _— . ■ Act in question, could not deprive him. This I ^ bc warrant, mandate, or process of amsgis- RtImw 'nmrMmtci hv 7 n u,m
Jcsrssw'gsjg a^asr^iss'tt lass —ss-earsa ’
aaj!Laa”aSBaaSi w-.i™.
.9*“ n ® °°* “ 88dd8 °” the General Assembly to relieve the securities in is s uinK ,he warrant of commitment, K
of tho gnef in from th . payment of it on such terms m bnt that pr Sumption may arise from hb TBIPPE, J.
I Thomas Johnson vs. Walter II. Mitchell
Baldwin.
I McCAY, J.
which was executed
peara that the defendant, after the date of an n ° e ’
1. When, on the trial of a claim case, it ap-
Uudament, bad conveyed the land to the
claimant, and J waa introduced to prove that
versyto arbil
Judgment reversed, t
Billups & Brobston, for plaintiff in error.
Fleming Jordan, Solicitor General, for the
State.
each cap fail. Let people keep dean, eschew
and her hair more scant upon the
She has lost the hirrassed and perplexed
WARNER C.J. ,
private conference fee neatly an hour. I Thb was a claim case which waa tikd in I some yean previous to the date of the
wiirt was the subject of Ibk talk? 1 the Court b.low, and a verdict finding the I judgment, he had bought Ihe land from de-
Wm it of. Ihe supposed re-appear- land levied on subject to the plaintiff's cxe-fendant and paid the consideration money,
tpce of the Emperor ta Pans—ac-1 cation. A motion wm made for a new trial, I but bad taken no deed or other writing, and
cording to the correspondent of the Figaro ? which wm overruled, and the claimant ex-1 that the deed made to the claimant by de-
Wm it of the terms of hb late Maiestv’s cepted. The plaintiff levied an attachment I fendant, was made at hb (the witness) re
will* Both matters would form a tolerable 1 on the defendant's lind on tiiesih of Decrm-1 quest; that he had sold the land to the claim-
budget of conversation. U any were needed, ber, 1869. obtained judgment thereon lOili I ant and received the consideration^ and the
Was it merely the weather r That much March, 1871, eiccution issued upon that defendant had, at bis request, made the deed
hM been a subject prolifie ta itaelf; for du- judgment and wm levied on ihe land 39th I to tbe claimant, in pu-soance of the pur- PlaintiUa in tjectment introduced in tvi- 65,000. Of the deatba bnt twenty : two can ta
ring ber Imperial Majesty’s visit every van- August, 1871. The claimant purchased the ctase and payment several years before the dence a deed for the prembra in dbpnte, any way be traced to cholera, sod in these all
etyof surprise wm manifested, and literally land at a United States aiarshal’s sale and I Judgment. from Samnel Slater J -- - . ... .
“it hailed, it rained, it biowed. it snowed” claims tide under tbe Marshal’s deed to him. Held, That J wm a enmpeent witness herlife witii ret
- - alto-1 dated 7th February, 1871. The judgment I under thc evidence. Act of 1868, notwith- William Stater,
under which the Marshal sold the land was I standing the death of <be defendant, the their mother, Annie
obtained ta the United States District Court I maker of the deed. date January 1st, “
— ' ' — ’ Defendant inf
thc Court had rested its judgment, this
Ihe new trial will be allowed to stand.
2. Where the plea of payment b filed, and
the evidence b conflicting whether a check
given by one of the defendants wm accepted
iu payment of the debt sued on, and the
Court grants a new trial on the ground,
amongst others, that the vcroict b against
tho weight of the cyidcnce, thb Court will
not interfere with tho discretion of the Judge
so granting the new trial, unless the evidence
be so strongly ta favor of tbe verdict as to
show an abuse of that discretion.
Judgment affirmed.
F. Jordan, Key & Preston, for plaintiff in
error.
C. L. Bartlct, for defendant
L. N. Callaway ct al, vs. thc Mayor and Al
dermen of Blillcdgevillc. Case from Bald
win.
Boxr Be by the Elver,
From tha TUssvffie (Fa) Picas]
We received thb morning through thc
post-office, from our bucolic friend and
poeteat “Agatha,” a few touching verse*
which sound strangely familiar, but which
Ihe ayi she “dashed off last night while her
spirit wis under a cloud.” Tho poem b en
titled “Bury Me by the River,” and goes on
« follows:
Buy wstgtha rtrer.
Where Uw waters mnraer low.
_. ow, we pauac right here to ask tbe author
if she to daad—really dead—or does sho want
to be buried alive? There b no river nearer
than the Alleghany, and its water is murmur-
tag high just now; but, if, instead of it, Oil
Creek will do for a river, we will attend to
the job She then goes on to say:
Tbe Mysterious Fiend of
tbe Ganges.
In their cranial beauty grow;
Brurao whan the nnit
Lugtra with lta hrtghicat rlcam,
Rear tha margin of the river
Lay oeby ihe mmlag stream.
We will do it if U b posable to procure a
hone and hearse. A funeral cortege with
oxen hitched to the mourners’ carriage would
be dreadful, yon know.
She then farther remarks:
*1saws?
IajjM’neathtt
tile;
ana rein.
tmja
• raft.
When they alng my requiem.
This b too ranch t we cannot go to all this
expense unless she remits a money order to
pay expenses incurred in finding the kind of
spot she desired.
“Agatha,” cheer up 1 Ett a square meal of
corn beef and coffee, and split wood or do a
largo washing, and instead of wanting the
robbing to “warble a requiem over your
pave,” you will prefer to have them made
nto a pot pie for dinner. The hard times
havo made you melancholy.
Convention of Comity School Com
missioners.
Departmert op Educatiok, )
Atlanta, Ga , June 10,1873, (
After consultation witii hb Excellency the
Governor, I hereby call a convention of thc
County School Commissioners of thb State,
to be held ta thb city on tbe 35th and 26tb
days of this month.
The objects of thc convention arc to awaken
interest ta the public schools, to promote uni
formity ta tbe practical woi kings of tho sys
tem, to secure a bettci understanding of its
detaito and to gain fuller information M to
tho stains of school ail tin throughout thc
entire State.
Thorugh the kindness ofthc citizens of At
lanta, arrangements have already been made
for entertaining one hundred of the members,
free of charge, and I feel safe ta my ing, from
efforts which I am now nuking, that I shall
succeed ta providing for thc remaining forty
ta the same way. Capture of
Tho following railroad companies have
shown their public spirit by granting a free
return to all members who pay fall faro ta
comint!, via ; Tho -Western mid Atlantic, thc
Atlanta and Richmond Air-fane, the Central
and lb connections, including the Macon and
Western and thc South Western and its
branches, thc Georgia, the Rome, the Chcro
kee, tho Atlantic and Gulf, the Macon and
Brunswick and the Atlanta and West Point
fa order to relieve the members as nearly
os possible from all expense, I hereby in
struct the several County Boards of Educa
tion to consider the three or four days spent
in the convention and in coming and return
ing m days dcvbtcd to official daty, allowing
the commissioners the usual per diem, inas
much MI feel assured that thb time wisely
spent will result ta more solid good than the
same number of days occupied with any of
the regular labors.
The chief cxcculivo officers of systems in
cities and counties, established under special
laws, are also invited to attend.
Members, on coming into the city, will be
met atthe trains and shown to tbeir homes by
myself and assistants. That they may be
identified, I request them to wear, each, a red
ribbon tied in tho lapel of hb coat. Myself
and assistants will wear blue ribbons tied ta
the same manner.
Let all come that wqmay consult thcgicat
interests which we represent.
All the papers of the State are requested
to copy this, m they will thereby render im
portant public service
Gustavos J. One,
State Bchool Commissioner.
Harrisburg’s Fascinating Woman.
fa Harrisburg there is a fascinating woman
who hM been married four times within ten
years, and there arc at least a dozen men so
anxious to get her that they have remained
bachelors in the hope that her last husband
would follow ta the footsteps of hb illustri
ous predecessors. Sure enough, a few weeks
ago the man died, and all these fellows began
immediately to prepare for opeatog the cam
paign against the widow.
Facts, Hot Fiction.
Latest neve from Kaahvfllo bj ma'Ll
The Nashville papers are very chary of
cholera items. No especial mention b made
of Mrs. Judg: Gant’s death, or of Rev.
Mooes S: Boyce, Rector of thc Church of the
Holy Trinity, who officiated 8ucday, preach
ing and holding service M usual, and was
dead on the following morning.
The Banner of Sunday says:
A large number of people departed yes
terday, all the train* being crowded. It b
expected that there will be a greater exodns
to-day and to-morrow.
fa view of the fact that its sessions had
about closed, \V. E. Ward did a very sensible
all hb boa: ding pOpDa might go home:*
Tho Union and American makes a specialty
of tho interments:
SATURDAY.
The interments amounted to twenty-five,
of which ono wm from old sge, one from
consumption, one child still born, one child
from exposure and twenty-one from cholera.
This is comparatively a small number of
deaths at this season of the
usually sickly.
SUNDAY.
Whites—James Biee, corner of Spruce and
Fogg.
Mrs. Captain John Cartwright, 8oulh Sum
er.
Child of Mrs. S. Powell, Jefferson street,
near HmIsui’s quarry.
Child of James Slostcr, Spruce street.
Child of Martin Trcbcr, corner of Ewing
and Cedar streets
A. Alder, Broad street.
Mrs. Cablcr, corner of High and Ash
streets.
Child of John Strong, teething and
mer complaint
Whites, 8; colored, 10; total, 18.
KOKDAT.
Whites.—Joseph Fells, ovci Metz's store,
South Market street
M. & Boyce, Rector of Trinity Church,
comer of High and Liocoio alley.
Child of Richard Wilson, corner of High
and 8outh Union.
Child cf Robert Bell, South Cherry.
Wife of Judge John C. Gsut, High street
Mr. McFarland. Ash street
Child of Mrs. Pobl, 9th ward.
M. Lomasney, Cedar street
Child of Caspar Spillman, 10th dutrlcl,
outside of city, still born.
Fanny Frazier, Church street, between
College and Market, consumption.
Child of Dr. Cobb, South High, near
Broad.
Jane Kccly, South Cherry,child still born
Whites, 12; colored, 12; whole number
24. Add death of a convict at the peniten
tiary, makes 25. Of thb number, five died of
other diseases than cholera or cholera mor
bus.
CLOSING OF HOTELS.
Thc St Charles Hotel was closed Monday
and the proprietor and hb family left for
Trousdale county.
The St. Cloud also closed last night for
want of patronage since the alarm about
cholera.
The people are fleeing to tho mountains.
Every train b overloaded.
Tho following NMhvillc items give an
idea of thc situation:
Disinfect your premises daily.
Sensible: people do not take any Btiawbcr-
rics ta tbcir’s now.
The general sentiment of the people b
“Death to the porkers.”
The scavenger forco wm out yesterday
cleaning up thc city in good earnest.
A run waa made on the drug stores yester
day for disinfectants. The people mean
business.
emond Mure
One msn, named Hyde, determined to have
the first chance; so he jammed himseU into
the widow’s carriage on the way-home from
the fanerai. Taking her hand and looking
with tender glances npon the handkerchief
with which she sobbed her dutiful tears, he
Mked her to be hb—to let him take the place Catching a Wife.
Th0 mo8t cmian8 ceremony known to the
i” g"«7 T ” » ldow W™ 8 ” Esquimaux, says Dr. Hays, in hb lecture, is,
handkerchief, blew her nose gently and tbat of msrr iagt it fc donc thus:
Uli. V .1 11 When a boy kills a polar hear, it b con-
“Mr. Hyde, I should gladly consider your Bidcred su ffi c i e at proo f of hb ability to mam-
tain a family; he is, therefore, told to go and
Wbire the issue on a trial of an indict
ment for perjory wm whither the defendant
swore wilfully, absolutely, knowingly and
falsely, in swearing l
deliver a promissory
nor authorize any one
for bim, and it wm ta
offer, and perhaps I might have accepted it,
but you are too late; the minister proposed
to me ta the graveyard while you were low
ering the coffin,and I raid,‘Yes I' But I will
tell you what I will do: I’ll give you thc first
chance after be dies f’
Mr. Hyde said be would wait.
Cholera Hcporta from lllemphla.
catch a wife. Watching bis opportunity at
time, he pounres upon a victim, andattempts
to carry her off; she, however, struggles and
shrieks, until she hM collected aronnd ber a
group of sympathizers. She then turns upon
her captor, and bites and scratches until he b
compelled to release her; she then darts into
_ . the crowd, and attempts to escape; he fol-
Tho Memphis Appeal says: “There is no lows but not uniroles'ed
Asiatic cholera in the country, fa limestone Ail the old women take sconraget of dried
countries during hot,damp, sultry weather, sealskin and flagellate him unmercifully H :—.. .—. . - .
whensta’e vegetables arechcap. and the poor he passes, making at tho Hnte time every ef- then rushed ta to take his brother a part, and
or the selfish devour mean food chorela mor- fort to arrest him in hb course. If despite E®< llkc ^c other two, received fatal wounds,
to him. It wm error ta the Court to refuse bta is the cqnivalrat in dcalructivfmcss of these little experiments in matrimonial bliia, 2“ e Zt
to permit the defendantto prove that “it wm £*i*Uc dmlcr*. There are people who he should catch hb victim, the biting and >hr °°^.!” eh q*-
the understanding of tbe partita to the paper J** fetid water from barrels along the scratching scene b renewed, and ta ail prob- ■**&• , 1 J d *“C 1 «^ I ^ 8 ® M ‘^P t “‘ 0 lmd
» . -W->£ 0 same „££t bayou. The water oozes into filthy recepta- ability he is compelled to release her, an^ the a hand to Addbon M^wbeatlwtattCT
iply as a memo- dea through the unsavory soil, and there is a chase, with its attending comforts, b re- drew another pistol and shot Gaseu througn
did not make and
to the prosecutor,
the note
that the de
fendant could not read or write, and that the
to'sabmitacontro- Mdeoni (tanctag devil, cholaa mortini, fa earned. ShouldheovercoiLea])<i»Uclra,the ®*ft 8 ^‘tiMmsta
Eliz ibeth A. Manor vsi Jas. □. Slater, ct oL,
Complaint, from Bullock.
TRIPPE, J.
„ _ . __ ,26th September, 1808, execution iasued there-1 2. That the testimony was not illegal un-
A Stunt Puvutii» Against Chol- m jj November, isgs, and wm levied by the I derthe rule that express trusts must be in
Sta—It b..repor*ed that Asiatic cholera a I u ir ,>,,i on u, c land 7ih January, 1871. and I writing.
used it M above ta St.
1867, and I did not hear of a case among j ^ p uuntiff’a attach! sent, bat the levy of the I Vfm. McKinley, for plaintiff in error,
‘ach. J. S. L. j attachment is of older date than the levy of ~
Jure 5,3873.
[LouitriHe Courier Journal.
fa H. Briscoe; Sandford & Furman, rep-
the U. 8. District Court execution by'the I resented by Jackson & Clarke, for defend-
Marshal. Tbb question does not appear to I ants.
have been made or decided ta the Court be I
low, but it appears from the evidence in the I Macon and Augusta Railroad Company vs.
ban a week ago some | record that the plaintiff ta the attachment, I Clayton Vaughn. Case, from Baldwin,
correspondent ta Dan- judgment wm present at the Marshal’s sale, I McCAY, J.
- the [ut «h«t no in-1 where the claimant purchased the land, and I When ta a suit, against a Railroad Come
visited that peaceful | took no proceedings to prevent the sale of I pany, for killing the plaintiff’s mule by tie
take n walk j the land under the Marshal’s levy, nor made I negligent rtmntag of its trains, it appeared
any objection* thereto, and the Marital hat- that thc mule was found dead near the
with a transfer of the bat deed to defendant
A dispatch from 8uffolk, Virginia, states
that thc negro Jim Brown, suspected of the
mnrder of Mm Jones and Mrs. Dosier.wai
recaptured on Wednesday night by Dr. T.
E. Cropper and Mr. Robert R Smith, and
lodged in jail A search of his house was
made and bis bloody clothes found. He
made the following confession:
“I left home Sunday morning for Mrs.
Jones’ house at sunrise. I was under the
ebed near thc lu u-c when the ycung ladies
left the house to go to ihurch. I knew that
Mr. Jonca was not at home. Ijwcnt into the
side door. Mrs Jones was sitting near the
fire place. Mrs. Dozier wm sitting near the
window. 1 esked Mrs. Jones for money.
She said if I did not go nwiy sho would toll
oh me. I made a gr b for her pocket-book
to get thc keys. Sho attempted to rise from
her chair, and I struck her twice ever the
head and killed ber. Mrs. Dozier got up out
of the chair where sho wu sittiog, and said
“JIM, DON’T KILL HE 1”
and started towards the doer. I struck her
three times with thc same piece of wood. As
soon as I saw that they were both dead I
locked tho door and went into Mrs. Jones’
room and took this pocket-book out of the
bureau drawer. I then went up stun into
Mrs. Dozier’s room and found herkeyitathe
drawers; did not disturb anything. 1 came
down stairs and went out at the back door,
and went up the road m far m Captain Jett’s
I left the pocket book and contents ta an oak
bush by the roadside |The pocketbook, for
the possession of which tho deed wm com
mitted, contained only some four or five dol
lars]. I then went home. I did not intend
to kill Mrs. Jones and Mrs. Dozier if they
would give me money when I Mked for it. 1
wm not ta Mrs. Jones’ bouse over twenty
minutes.”
DESCttU’ilOtr OF THE MUBDEREfi.
Jim Brown b a very black, repulsive look
ing negro, with a low retreating forehead.
Hb eyes are large, and over tbe left one b an
ugly scar, which ho said wm occasioned b r
a mule kicking him. He b of medium build,
about five feet ten or eleven Inches ta height,
and weighs about 165 pounds. He generally
went tarfooted. He was raised ta Gates
county. North Carolina, where his mother
still resides.
Plaintiffs in ijectmeat introduced in tvi- asmi* 11 ^The Gallows Cliemed.
hS“w de *th without medical attention. There is entered th'e cell with
dm Slater and Wuhan Slater, her bus- no more cholera here now than there has
land to Elmore Maner-and one from been at any time at this season of the year , ,
the representatives $f Maner to Waters, for the pMt ten year* ” sentence
—— and read it to them. They were, of conrse.
It waa not ta evidence that Samuel Slater V3T A young mother waa in the habit of wild with Joy, shouting peculiar hallelujahs!
wm (ver in possession of the premises, nor airing the baby’s clothes at the window; her such m “Glory to God!” and “God bless the
—a uaj— o«» a Governor.” Tbe wives and friends outside
of the jail enclosure, quickly canght up the
note of glad tidings and a general revival en
sued, amid great excitement, prayers, hand
shaking and wild manifestations of extreme
pleasure. Of the two wbo stood the awful
ordeal staring them ta the face, Griffice
the strongest. HordecM for several days had
—. . . completely despaired of mercy, anff had bin
“ Why,” she rep ied, “ that b thc flag of our in bis cell more dead than wive; and appa-
ally ha'f crazy from fear. After the read-
any title ta him, nos that Annw Stater ever husband didn’t like it, and believing that if
accepted the deed from him, or that she and she saw her practice m others saw it she
her husband held under him, or recognized would desist, be so directed their afternoon
the title aa ever bring ta bim, nor that the walk m to bring the nursery window ta fall
deed WM ever in thepanaarioe of Annie Sta- view from the central park of the town,
ter. or of any one under whom defendant Stopping abruptly, he pointed to the offend
ing linen flapping occasionally unconsciously
in the breeze, and Mked sarcMtieally: “ My
dear, wbat b that di-tptayed in our window f r
Cholera Rotes.
The N­illo and Memphis papers disa
gree aa to which b, or rather war, the filthiest
city on tho continent. Thc Uoion and
American yields tho palm to Memphis, since
tho recent energetic action of Nashville’s
city officials. A scavenger brigade of thirty-
one carts b now at work ta tho City of
Rocks.
rSTEBMENTS OR TUESDAY IN NASHVILLE.
Whites—Child of Mr. > Bennett, Cherry
street, cmpoalto theatre.
Mrs. Johnson, High street, now Fort Neg-
'oof Charles Warner, Market street,
between Jackson and Jefferson streets.
^ MbsGcoigiaCnft,blind girl,SouthMnr-
CLM of James Chamberlain, North High
street, 0th ward, teething.
Child of E. Farrell, Ewing Avenue, teeth-
in ^hiid of J. T. Booth, North Nashville,
summer complaint.
^Nancy^Ann Johnson, South Vine, near
Whites, 8; colored, 9. Total 17, of which
11 were from cholera.
P.orn tbe Banner of Wednesday we clip
tho faBowtag:
One of the most deplorable results of tho
cholera >cam has boen that it hM induced
many a min to drink to an excess, partly
through fear and partly through tho unac
countable belief that it acted M a preventive
of tho much-dreadcd disease, when it had thc
contrary effect.
It wm reported yesterday that several men
had fallen on thc streets tnd in public houses
from cholera. An Investigation disclosed tho
fact that they had fallen from the influence
of John Barleycorn.
A NASHVILLE MEDICAL OriSIOX.
The following is a copy of n letter sent Iqr
io of our prominent physicians to a Louis
ville doctor yesterday, relative to the type of
cholera existing ta our midst:
We have a malignant form of cholera mor
bus ta our city, a species of cholera equally
m violent and uncontrotable m it imported
from Asia. The di tease made its appearance
without any previous warning, in the old lo
cality known M the Wilson Spring neigh
borhood, a hot bed for all epidemics that
reach Nashville. As vet itb not epidemic.
Oar city b ta a good condition to diffuac
the malaria, but it b mainly con-
to the southern portion. Violent
vomiting b generally its commence
ment, Bonn followed by eopioua liquid evacu
ations. fa the first cases that appeared tho
matter thrown np contained bile, as also Uie
first and second evacuation, but it soon
changes to cokntraa rice watery discharges,
and after two or three evacuations the pa
tient collapses and b urged rapidly to diaso
lutiou. fa what we call the collapsed state
it'mighfbo termed 'congestive stale. There
b not the shrunken skin r the general blucncw,
nor the extremely emaciated form of thc
cholera subject of I860. I have not witnessed
ta the present malignant form or cholera that
cadaverous, that pinched-up appearance of
an Asiatic cholera corpse.
fa almost all of the fatal ca-ra to the 7th
instant tho exciting Icauso of Ihe same wm
traceable to n hearty meal of new, thu-ycar’s
vegetables In a meeting wo compare I
notes, and almost every fatal case wm
traced back to imprudence of our new veg-
tablcs. Hence I still hold out that wc
havo a severe ma'ignant form of cholera
morbus ta our midst I will here state
that when tbe patient h reached ta time,
thc disease yields to medical treatment, at
least moat of tho cages terminate
favorably when taken in time, and thc sequel
of tho present form of cholera promises
quicker reaction and fewer relapses. I am
confident that vegetable provisions thb year
are the cause of the early breaking out of thc
cholera. I certainly looked for it thb year
after the dispersion of the masses from thc
Vienna Exposition, but we have a very se
vere prelude hero now. Our city to the day
of the onset of thb terrible scourge was ex
tremely healthy (but excessively filthy.) From
late developments wo may look for epidemic
dysentery to follow tho track of thc present
cholera. J. 8.
A special dispatch from Nashville, dated
JonelOtb, 10 p. k, to the Knoxville Piets
and Herald, says:
The withdrawal of citizens hu been four
fold greater than ta 1860, though tho mortali
ty b not one-half so great.
A great many business houses and dwel
lings are closed, and trade b practically ant-
pended. The public schools havo been dis
missed, tho courts closed, and the hotels are
nearly all deserted, though no case hM yet
occurred in any hotel.
There b no travel to tho city, and thc
abrm b greater ta thc neighboring towns
than here:
Few people are now leaving the city, and a
hopeful feeling, at tbb hoar, prevails. The
physicians and people believe tho worst haa
The Memphis papers arc as silent pa thc
grave ta relation to tho exbtcnco of the epi
demic in their city. The disease b increasing,
however, rapidly, and thc press dispatches
of yesterday afternoon disclose a portion of
tho carefully-guarded facts.
Terrible Tragedy in Mercer
County. Kentucky.
Two Men Killed sod Three Proba
bly Fatally Wounded.
From thc Louisville Commercial wc gather
tho following particulars of a tradgey ta
Mercer county: “Yesterday afternoon a
crowd of some two thousand colored people
assembled at Eldorado Meeting House, ta
Mercer county, Ky., about twelve miles east
of Hsrrodsburg, to attend a bisket meeting.
During the service*, about half-past four
o’clock ta the afternoon, a family of brothers
by the name of Nelson arrived at the church,
and a difficulty immediately wm sprung be
tween a colored man named Addbon Mack
and the Nelson family, which ended ta the
killing of two and the mortal killing of throe
others at the hands of Addbon Mack alone.
It seems that soma three months sinco Ad
dison Mack ran off with a colored girl named
Sarah Nelson, who ta a sister to the brothers
named, and tha parties were marriod accord
ing to the present laws of thc United States.
Yesterday the parties interested met for tho
first time since the marriage. Outside the
door of thc meeting bonsr, one of tho broth
ers attacked Addbon Hack, and after several
insulting epithets htd passed, Black pulled
one of his revolvers and shot John Nelson
through the bo web ta such a manner that
death ensued ta a few minntes. Henry
Kirk interfered in behalf of Nelson and he
received a bullet through thc chest, causing
mortal wound.
John Hack, n brother of tho shooting man.
third capture usually proves effectual,and thc
whisky and stale food, and drink pure water, victim, ceasing her struggles, fa led away artery wm aevercdL and it wm found impoa-
and thereto no more danger from Asiatic amid tbe acclamations and rejoicing of the “Me 108l< ?P*$!!? flow ®i b '? )d -. M80k did
cholera in Memphis than in the summit of assembled multitude. 8 not recognize Ctosefl m his friend until after
Chimborazo. The statement haying been With us the mother-in-law comes to time the affrajL
telegraphed from hero to various papers with her flagellating apparatus after the in-
throughout the North and Gut that the chol* teres ting ceremony, whilst the wife reserve*
era prevailed here, it is but proper to state her scratching propensities for some occasion
from official tourcea that there have been ta when her John Henry comes nil taking home,
all from the second day of Hay to the present
John Wallace, a mulatto, then put ta for
hb share of the light ta behalf of the Nel
sons, when, to hb surprise, he caught the bal
ance of the loads that were ta Mack’s pistol,
which were four ta cumber; and he, too, re
ceived wonnds that are known to be fata!.
After Black had emptied both hta pistobinto
. , rn_. „„„„„ Ortm™ the bodies of five of hb fellow-beings, he
^ hef'chtidnmbf ta “ kree .® r f 0 ® 8 were J^Sroe» ’who indulged to have bosneiccuted at 11 o’clock of last S’jSrSbbure* Th^hootingof^'brodiCT
*°® tody*® 1 “i» rt( r 1 cibbage and mean Friday, for the brutal mnrder of a storekeeper “^2*2St f ‘ 0 7SS?to?ta(BdiStbaro
^d^M ^L«r i *scS^. w whS sg^sgsasaia
a deed dated Decern- drhX^and of“bc d twenty-two°inffcred | Slfar^io “ toTe "u^f tx£iti“! 1 "S?«>e church bear-
GOVERNOR CALDWELL’S COMUUTATIOE OF
Hei d. That the evidence does not show
common propositus under whom both
plaintiff! and defendant claim, and that no
title b shown ta the plaintiff,’ to entitle them
to a recovery.
Judgment reversed.
Rufus E Lester, A. H. Smith, by brief, for tag— . .
plaintiffs ta error. they walked homeiMM, “and long may it
No appearance for defendant.
onion. 1
Conquered by tbb pungent retort, he salu
ted the flag by a swing of hb hat, and presg-
her arm closer j Within hb own, said, m
rentiy ha'f crazy
ing of thc Governor’s commutatidn to im
prisonment for life the condemned were
taken by a depnty sheriff to the penitritiisi
one mile distant, when they ire now aafi
lodged.
t&~ Mr. J. XL Bryson, whoso address b
“University of Va. P. O., Virginia,” is en
gaged ta preparing a history of tho religions
operations connected with tho “Army of
Tennessee;” and ho desires the chaplains and
missionaries of that army to send him full
accounts of their labors, recollections of re
vival meetings, remarkable conventions or
singular providences, etc. Ha also solicits
communications from every ono who can
giro any facts, incidents or information that
will aid him ta preparing a religious history
of the noble old Army of Tennessee.
Wc have endeavored to give our read
er* the latest re’iable news relating to tho
epidemic that prevails ta two cities of a
neighboring State. Wo havo had an eye
solely to tho truth, and we hope our efforts
have helped to allay tho nervous foci ing that
prevailed at tho begtanig of tho week. It
most now bo evident to all that tho attempt
togetup a cholera scare is a failure. Two
things are well ascertained—there boot a
cmo of Astatic cholera ta the country, hat
there is a predisposition to aggravated attacks
of the kindred cholera morbus and of dys
entery. And whenever strict sanitary pre
cautions are not observed wo may expect to
hear of sudden onsets of discaso from this
time oa until the frosts of Autumn. Tbe ef
forts of our officials ami of every citizen
should bo redoubled. Let tho Gato City go
through without a case of sporadic cholera.
The Walurortl^aninr—Their Resi
dence la Kentucky.
. A gentleman has given ns some facta rria-
tiyc to tho personal acquaintance with the
Walworth family, whoso namo has. become
the text for sermonizing of late! Mrs. Wal
worth WM the daughter of General Ilanlin.
of Illinois, whoso widow was the wife of
Chancellor Walworth, the father of the mur-
dared man. Six or sevin years ago, Mrs.
bxadT
having purchased the old Zano estate, on
tho Work-houso road, about two miles
from tho city—a beautiful estate worth
830,000. Here she lived with her fam
ily, then consisting of two young daughters
and Frank, a noble, affectionate, manly boy
of about fourteen years. About three yesn
after her removal here, MansfieldTracy Wal
worth, her husband came to Louisville, and a
reconciliation wm effected. Here they lived
together on the most affectionate terms for
nearly three years, and here another daughter
wm born, which died ta infancy. Wal
worth became restive after a period,
and finally persuaded hb wife to tell
her home and go bade to New York
with him. Thc estate waa add
and thc proceeds placed at hb dbpoML Af
ter thc family removed to Now York, Wal
worth became unpleasant in hb manner, and
finally treated hb wife in such a brutal man
ner that her friends came to her aid and pro
cured a legal separation. Those who knew
tho family here, t peak of Frank in the high
est terms of praise, and after ail “there arc
two aides to every question,” and wc can
afford to wait lieforo pronouncing upon the
guilt of tho unhsppy young man who hM
come so unpleasantly prominent before tho
country in the last few days.
BIr. L. 8. Hardin, a prominent lawyer of
tbit city, b a brother of BIra. Walworth, and
married a daughter of Mr. John L Jacob.
He lives on tho estate once owned by bush
ier. Wc learn that Mr. Hardin some weeks
ago received a letter from Mamfidd Tracy
Walworth, in which waa avowed the determ
ination to kilDMis. Walworth and her son '
Frank. Mr. Hardin lias gone to New York,
taking thb letter with htm. It will lie pro
duced cn thc trial, and will doubtless have a
marked effect.—Louisville Commented.
TUB COTTAUE IIV TUB SHI.
Grant Itenutlfrliig Ins Properly in
Lou* Hrnncli at the Pub.
He Expense.
Washington, June 8,18.3.
Thc Daily Critic, n sprightly evening pa
per of this city, in its issue of last Saturday,
contained thc following interesting item of
news: 4
A few days since there was shipped from 1
Washington to Long Branch the summer V*
house of l’rcsidcnt Grant, three wagon loads 8
of choice U-iwcrs in pots, two rustic settees,
and forty barging baskets, which thc keen
eye of tho practical observer will miss for
some time from thc Botanical Garden. Long
Branch ta thc meantime will present to thc
Washingtonian thc home attraction of having
tho President's garden enchaining hb cottage
around with thc array of floral gems and
rustic property hercinbeftrc described.
Thb b all very nice and doubtless very
home like and attractive for thc Picsident and
tho few ofllccbolding Washingtonians wbo
may accompany him or from time to time visit
tho executive mansion by thc sea. But what
will tho people who arc taxed to provido
theso taxurits say? Thc Botanical Garden
b no|mnrc thc private property of tho
it than of thc humblest citizen
ta tho country. Ho has no tqprc right
to ship rare plants, choice flowers, and
bcantifnl hanging baskets from thb conserv
atory than he hM to take thc Godders
of Liberty from tho dome of thc capital and
set it up on hb private grounds at Long
Branch to frighten away trespasser*. Not
only wm tho Botanical Garden despoiled,
but a luge portion of thc furniture which
the Government provides for the White
House was shipped to Long Branch. Sight
wagon loads of it, according to tho Herald,
arrived iMt Friday. They contained enough
apparently to fill a couple of such Swiss cot
tages m tho President resides to, and com
prised all varieties of household furniture,
from tctc-a-tetes and sociables to flowerpots
and soap boxes.
Trankfixed.
Tbe following rare hit is from thc Satur
day Evening Post: “We shall never forget
that evening wc spent at Magrudcr’s yean
ago. Wo admired Bibs Bfagrodcr, and wo
went around to sec ber. It wu summer time,
and moonlight, and she sat upon tho piazza.
The carpenter had been there that day, glue
ing up tbe rustic chairs on tho porch,
so wo took a scat on tho step ta front
of Miss Magrudcr, where wo could gaze
into her eyes and drink ta her smiles.
It seems probable that tho carpenter must
hsvc upset hb glue-pot on the spot
where we sat, for alter enjoying Hiss Magru
dcr’s remarks for a couple of hours, and
drinking several of her smiles, wo tried to
rise for tho purposo of going homo; but
found that wo were immovably fixed to tho
step. Then Mile Magrudcr said: “Don’t bo
ta s burry," and wo told her wc believed wo
wouldn’t. Thc conversation had a sadder tone
after that, and wc sat there thinking whether
it would be better to ask Mias Blmgruder to
withdraw while wc disrobed and went home ta
Highland costume, or whether wc should urge
her to warm np thc poker, or whether wc
should give one terrific wrench and then ram-
bio down tho yard backward. About mid
night Miss Blagruder yawned and said she
believed she would go to bed. Then wc
suddenly asked her if she Bought her father
would have any objection to lending us hb
front steps a few days, because wo wanted to
tako them home for a pattern. Wo
think Miss Blagruder must have en
tertained doubts of our sanity, for
she rushed in, called her father and
screamed. Blagruder came down with a
double-barreled gnu. Then we explained
thc situation in a whisper, and be procured a
saw and cat out the piece of step to which
wc were attached. Then wo went home
wearing thc patch, and before taro o’clock
brushed out asr young love for Bibs Magru
dcr. Wc never called again, and sho threw
herself away on a dry-goods man. There b
a melancholy satisfaction in recalling these
memories of youth, and reflecting npon tho
influence of glue npon thc emotions of thc
human heart.
ing the confusion outside, arore cn masse,
and with n single surge, thc entire building
seemed to be vacated, and hundreds of bones
were at once mounted, and then it was that
the news of the tragedy spread like wild-fire
throughout the county. There wm talk of
lynching Mark and hb wife, bat thb desire
seemed to prevail among tbe younger negroes,
the older beads using their Influence against
it, this preventing Judge Lynch’s interfer
ence. Thc occurrence caused the wildest ex
citement throughout Mercer county.
pntr. Jefferson Darfafasaid to be writing
a history of the war. It b well, says the
Courier Journal, that thc moat capable and
cunning hand is to write a history of the
pivotal period where the decade of virtue
and honesty ended and the decade of corrup
tion and dishonor commenced.
BIr. Tyler Brand, who live* near Logans-
villc, hM a large number of “hoc stands” ta
his orchard, near his residence. One day last
week hb children were playing near the
hives. It b supposed that they commenced
fighting tbe bees, and the bees commenced
stinging the children. They immediately
ran off, leaving the youngest, a child
about two yean old. Tho cries of
thc child attracted tho at Un tion of it* mother,
who was at the house rick; she immediately
ran to its relief. By thc time Jahc got there
the bees were thoroughly infuriated, and tho
whole swarm waa pouring oat of thc gum,
until nearly every tec had left it. SUo seized
the child and ran to thc house, the bees fol
lowing slinging the child. When she ar
rived at the houic, bring very feeble, the
fainted, and a neighbor lady, who happened
to be on a visit there, fearing that tho child
would be stung to {death, picked it up and
started towards the woods.
Tbe bees seemed determined not to let tho
child escape, and followed her, stinging her
ao severely that she had to drop the child,
when the bees covered it, continuing to sting.
B; thb time, BIr. Brand, who wm working
in a field near by, heard the cries of Uicchii-
dren, and came to their relief. He found the
bees still hovering about the child; and, our
informant states, hid to rub them off with
hb hands. Ho then took tbe child to the house,
and went to work to relieve its intense suf-
He pulled out a large number of the stings,
and washed it with brandy. It had been
stung all over the face and head, and even in
its mouth and under its tongue.
With the kindly assistance of some of the
neighbors, who came over as soon m they
hear! of it, the sufferings of the child and iu
mother were considerably relieved; and both
of them will get over It without any te-
rious coneequencee.—QtelnneU Herald.
INDISTINCT PRINT