The Weekly constitution. (Atlanta, Ga.) 1868-1878, June 17, 1873, Image 1

Below is the OCR text representation for this newspapers page.

ATLANTA, TUKSDAY, junk 17. Bwikitn***" 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 N&shyillo 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