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STATE SUPREME COURT
Decisions Bendered in Atlanta, Ga.,
jane M, 1874:*
Reported specially for Tire Constitution
by Henry Jackson, Supreme
Court Reporter.
HOB. ittoam Warner, chief justice,
HOBS. H. K. MCCAY AND H. P. TBIPPE
ASSOCIATE JUDGES.
Trippc, J., having been of counsel, did
not preside in the following case:
Executors of Edmund Jackson vs. James
M. Williams et al. Equity, from
Monroe.
WARNER, C. J.
The only question made in this case
before this Court was as to the power
and authority of the executors of Ed
mund Jackson to make sale of his lands
and other property in a different manner
than prescribed by law. The bill alleges
♦hat the land and other property of the
-testator was sold by the executors on the
plantation of the deceased, remote from
the Court-house, and was illegal as
against the rights and interest of the com
plainants, who were infants at the time,
with a prayer to have the sale set aside.
A motion was made to dismiss the bill
for want of equity, which was overruled,
and the defendants excepted. The 7th
item of the testator’s will contains the
following words: “I desire all my lands
to be sola, together with the household
and kitchen furniture not disposed of in
tain will, and such other property as I
may dieseized and possessed of, upon
such terms as to notice or credit as my
executors may, in their sound discretion,
deem best” When the will does not
otherwise direct the general law applica
ble to executors’ and administrators’ sales
must be complied with. If, how
ever, a will authorizes
private sale by the executor, an adminis
trator with the will annexed, may execute
the power and sell the property without
an order from the Ordinary. If tho will
merely designates the property to be sold,
without specifying the mode of sale, no
application for leave to sell is necessary
but in other respects, the executor, or
administrator with the will annexed, must
comply with the requisitions before spec
ified. New Code, 2567. The testator in
thin case, by his will, directed his land
aad other property to be sold, not at pri
vate sale, but on such terms as to notice
or credit, as his executors in their sound
discretion might deem best The execu
tors had tiie power to sell the land and
other property under the will, without an
order from the Ordinary, either for cash
or credit, and upon such notice as they,
n their sound discretion, might deem
best, but in all other respects, they were
bound to comply with the law regulating
the sale of their testator’s property.
When the intention of the testator is doubt
ful os to the mode of sale, the safe rule is to
adhere to the law. To take the case out of
the general rule of the law as to executors
gules, the intention of the testator should
lie plainly and distinctly expressed in the
words of the power given to the execu
tors by the will. There can be no pre
tense in this case that the executors were
authorized to sell the testator’s property
imder his will at private sale. All that can
lie claimed under the power contained in
the will is, that in making a public sale of
the property as required bylaw, they had
a discretion as to the notice to be given
thereof, and as to whether the property
should be sold for cash, or on .credit, ana
wlmt credit, if any. Wo express no
opinion in regard to the statute of limita
tions but leave that as an open question,
to be heard and decided on the final trial
of the cause, as well as the other ques
tions made in the record. There was no
error in amending the defendants motiop
to dismiss the complainants bill.
Let the judgment of the Court below
be affirmed.
A. D. Hammond; Lanier & Anderson
Poe «fc Hall, by R. H, Clarke, for plain
tiff’s in error.
Peeples & Stewart; A. W. Speer for
defendants.
Minnchan & Hazlehurst vs. Brunswick
and Albany Railroad ct al. Creditors’
bill, from Glynn.
McCAY, J.
When a bill is filed to marshall the as
.sets of an insolvent railroad company,
and a receiver appointed, and the claims
against the company are numerous, com
plicated and conflicting, and they are re
t'erred to a master who reports upon tlietr
justness, amount and priority, and on
considjr.itton of his report, each case is
separately considered, a judgment of the
Court is had upon it, fixing its amount
and its priority, and status, in reference to
the otiier claims before the Court, and
this being done a decree is taken
consent of all parties, fixing their
priorities and liens and for the sale of the
Toad, and Unit the proceeds shall be
brought in for distribution, according to
Held, That, on the coming°in of the
proceeds of the sale, it is too late for one
> ft toAjmmee, who ly$a^presented 1 his
claim to the auditor, and reduced it to
judgment in the mannerstated, to modify
his claim so os to set up new liens and
new equities not presented to the mhstcr,
the Court, in its consideration of
port, unless there bfe a clear show-
__ 0 ofT'njuff, mistake of fact;'or newly
discovered testimony, to cxplainThc fail
ure to present the truth of the case at
the hearing, when the several diaims and
their priorities were determined by the
Court.
Judgment affirmed.
Hines & Hobbs, for plaintiffs in error.
0. A. Lochrane. Me Laws & Ganoid,
J. C. Nichols, A. O. Bacon, for defen
dants. . ....
Hemy Clews & Co. et al., vs. First Mort
gage Bondholders et al. Decree, etc.
from Glynn.
McCAY, J.
1. In the case of a creditors’ bill to
marshal the assets of an insolvent rail-
j-oad company, there had been a receiver
appointed; the chums of all the parties
had been referred to a master who had
made a report, fixing the amount, char-
aracter and liens of the several claimants
upon the fund, and this report had been
excepted to, and each claim had been
considered and passed upon by the jury,
or by consent by the Judge without
a jury, and a judgment taken fix
ing the amount, character and lien upon
the fund of each, and thereupon there
had been a decree taken, by consent of
all parties, for the sale of the road, and
that the proceeds should be brought into
Court and distributed according tp the
liens fixed by the decree, reserving the
rights of certain parties, where rJftimg
were yet unsettled, and the road was sold,
and at the next term of the Court, the
Court passed a final decree, holding up
so much of the proceeds as was
. necessary Jo pay the claimants
hen before the Court, the amount and
lien of whose claims were yet unsettled,
and ordering the remainder of the fund
to be paid out by commissioners, accord
ing to the consent decree, and barring all
others: *3^ (
Held, That such a final decree was
right and proper under the facts of. the
case; that it needed no intervention of a
jury, and was only the final judgment of
the Court to carry into effect, through
ministerial officers, the previous decree,
taken by consent of all parties.
2. A decree by a Court of record pur
porting upon its face to be taken by con
sent of all parties to the record, lias the
verity of a record as to the recital of the
consent, and is not to be controvered ex"
cept for fraud, accident or mistake, and
then only on a proceeding directly to set
it aside.
Judgment affirmed.
Daniel S. Printup, W. M. Sessions, A.
J. Smith, for plaintiffs in error.
O. A. Loclirane, A. O. Bacon, for de
fendants.
Dawson Manufacturing Company vs:
Brunswick and Albany Railroad. Equity
from Glynn.
McCAY, J.
Under the construction of the contract
and of the order of the Court permitting
the plaintiff in error to take from the
receiver the cars in dispute, on his givin<
up his right to go upon tho general fun<
for the amount of his debt, reserving his
right to claim hire and damages, we are
of opinion that tho Court erred in ruling
out the testimony as to the value of the
rent of the cars and the damage to the
cars over and above the wear and
tear, and on this ground we think there
ought to be a new trial. As to the six
cars not delivered, we do not see that
any issue was made as to them.
Judgment reversed.
Hines & Hobbs, for plaintiff in error.
O. A Lochrane; McLaws & Ganahl,
W. M. Sessions, for defendant.
Wm. W. Garard, executor, vs. C. C.
Cody. Claim, from Muscogee.
McCAY, J.
The eighth section'of the limitation Act
of 1869, providing that “ all cases of the
character mentioned in any section of
this Act, which have arisen, or in which
the right of action or liability has accrued,
or the contract has been made, since the
1st day of June, 1865, shall be controlled
and governed by the limitation laws as
set forth in the Code, does not apply to
the right of a plaintiff in execution to
levy upon land belonging to the defend
ant at the date of tho judgment,
and which he has sold to a third person,
who has gone into possession of the same.
In such cases, as was decided by a ma-
family without liability to account, no
debt existed from him as trustee, unless
there was proof that he had failed to give
them reasonable maintenance.
Judgment affirmed.
A. Hood: Lyon & Jackson, for plaintiffs
in error.
John T. Clarke, for defendant.
M. &. A R. R. Co., vs. Milton Bass.
Limitation Act of 1869, from Hancock.
Jos. McConnel, administrator, vs. J. C.
Fain, administrator et aL Limitation
Act of 1869, from Gordon.
McCAY, J.
I. In cases falling under the first seven
sections of the Act of 1869, in relation to
the statute of limitations, the provisions
of section 2932 of the Code (73) giving
plaintiffs the right to renew a dismissed
or discontinued suit within six months
after its dismissal, do not apply.—The
case of Adams vs. Davis, 47th Georgia,
affirmed.
George F. Pierce, J. McConnell, E. J.
Kisker, D. A. Walker, by brief, for plain
tiffs in error.
J. T. Jordan, W. H. Dabney, J. C.
Fain, for defendants.
TRIPPE, J. concurred hut furnished
no written opinion.
WARNER, C. J., dissenting.
The only question made in this case is
whether the plaintiff had the right to re
commence his action under the provisions
of the 2932 section of the new Code. In
my judgment it had that right, or priv
ilege, for the reasons expressed in my
dissenting opinion in the case of Adams,
vs Davis, etal, 47th Geo. Rep. 343. There
is nothing in the case of Harrison, vs
Walker (1st Kelly, 32) m conflict with the
views taken by me of this question in
Adams vs Davis. In that case, the Court
held that the Act of 1767 was expressly
revived and declared to be the law of the
land by the Act of December 1806,
which expressly repealed the Act of June
1806 which gave to plaintiffs the right to
renew their suits within six montlis, and
that being so, there was no law of force
in the State which would authorize the
plaintiff to renew his suit within six
months,and to have held otherwise, would
have been an outrage to the expressed
will and intention of the Legislature, as
clearly manifested by the Act of 1406.
The Act of December 1806, expressly re
pealed the Act of June 1806, which gave
to plaintiffs the right to recommence their
suits, once, within six months after dis
missal, and revived the Act of 1767,
which did not give that right, thus clearly
manifesting the intention of the Legisla
ture, that suits should not he renewed
within six months after the dismissal of
the same. There is nothing in the Act
of 1869 which goes to show that it was
tho intention of the General Assembly to
subject matter of contract set forth was
to remote and ^contingent, to supporta
contract.
3. That the alleged contract is illegal,
immoral and contrary to public policy,
and.
4 The statute of frauds.
It was admitted on the hearing of the
\ demurrer that the contract set forth in the
hill was a verbal contract.
The Court overruled the demurrer.
Held, that the demurrer, ought to have
been sustained and the bill dismissed.
Judgment reversed.
L E. Bower; A. Hood; John C. Ruther
ford, for plaintiff in error.
H. & I. L, Fielder, for defendant.
jority of this Court in the case of Aiken , . „ . , .
vs. Freeman, the obligation, of the plain- prevent plaintiffs^from, renewing, their
tiff, to proceeded within four years, was ™ ’ *
suspended, by the various Acts suspend
ing the statutes of limitations up to the
21st of July, 1868, and there is nothing
in the Act of 1869, in any of its sections,
applying to this right of the plaintiff, or
altering this effect of said suspending
Acts.
Judgment affirmed.
R. J. Moses, for plaintiff in error.
Peabody & Brannon, for defendant
The following caso was argued at the
last term and decision reserved:
Southern Express Company vs. Urquhart
& Chapman. \Case, from Muscogee.
McCAY, J.
When, in an action against the South
ern Express Company as a common car
rier, it appeared that goods had been de
livered to the Adams Express Company
at Savannah to be transported to Colum
bus, and that the goods were lost on
their way from Savannah to Columbus
whilst in the custody of the Southern Ex
press Company, and there was no proof
as to the terms on which the Adams Ex
press Company or the Southern Express
received them:
Held, That, in the absence of any
proof to the contrary, the Southern Ex
press Company should he presumed to
liaye received them for transportation to
the owner under such obligations as to
diligence, etc., as the law imposes on
common carriers, who do not by contract
limit their liability.
Judgment affirmed.
R. J. M oses, for plaintiff in error.
Henry L. Benning, for defendants.
S. & .T. Palmer vs. The Southern Express
Company. Case, from Muscogee.
McCAY, J.
Where a count m trover, and another
in trespass, si et aritlis were added by
way of amendment, to an action on the
case against a common carrier for negli
gence m the performance of his duty as
such carrier, and more than four years
had elapsed from the converson before
the filing of the amendment, the plea of
the statute of limitations, is a good plea
in bar, to the counts in trover and tres
pass. ' »1** * * *
Judgment affirmed.
Henry L. Benning, for plaintiffs in
error. -
R. J; Moses, for defendant, t .
Mary J., Shorter ct al vs. James A. P.
Methoin. Claim; from Quitman.
1. When a deed' recited that the
grantor had years hefore, made his will
giving certain property to Ms daughter’s
husband for the sole use of said daugh
ter and her children, the property to be
under the control of the husband, to be
managed by him for the maintainence of
his wife and family, without liability on
his part to account, and that
the * property had gone into
and continued in the possession
of the husband, on the terms stated, for
over twenty years by parol agreement,
and that the donor now desired
writing to carry out the original intent.
The deed then in terms simply conveyed
the property to the husband as trustee
for the sole use of the wife and her hus
band:
Held that taking the recitals in the
deed, and as a part thereof, the husband
was to control the property for the main
tenance of his wife and children, free
from a liability to account.
2. A conveyance by an insolvent hus
band to his wife in payment of a debt,
claimed by him to be due to her from
him, for his use of her seperate estate,
will be closly scanned, and unless clearly
bona fide, will be declared void as
against existing creditors.
3. When a husband was the trustee of
property, for the separate use of his
wife and children, hut he was made
the manager thereof for their sup
port and maintenance; without liability
to account, and he being largely in debt,
recognized himself as indebted to his
wife and children for the rent of the
trust plantation for four years, and con
veyed to himself as their trustee, under
the direction of the Ordinary, certain
property in payment of said debt:
Held,That as nnderaproper construc
tion of the trust deed, he was to manage
the estate for the maintenance of his
actions once, when dismissed, within six
months thereafter, hs provided by the
general law of the State when that Act
was passed. I am, therefore, of the
opinion that thp judgment of the Court
below should be reversed.
In-
Jane E. Dumas vs. John Neal, et al.
junction, from Monroe.
McCAY, J.
It was no abuse of the discretion of
the Court to refuse the injunction in this
case, or to hold up a larger amount of
money than he did.
Judgment affirmed.
Spqer & Stewart for plaintiff in error.
Peeples & Howell, Cabaniss & Turner,
for defendants.
John R. Wallace et al. vs. Atlanta Medi
cal College. Equity, from Fulton.
McCAY, J.
1. Where a levying officer makes a
levy upon a portion of an entire lot, it is
his duty so to divide the lot as not want
only and grossly to destroy the nature of
the property.
2. When an execution against the At
lanta Medical College for less than $200
was levied upon a portion of the lot
upon which the college building is erect
ed, and the portion levied on as des
cribed in the entry |on the fi. fa., and as
advertised and sold, was of such a char
acter as that the line dividing the parts
levied on from the parts not levied on
run through the body of the building,
having 7-10 of the building on the part
sold, and 3-10 on the part not sold:
Held, That such a levy and such
sale was illegal and void, as a wanton and
gross injury to the defendant’s property,
whether intended or not, ana that on
paying to the purchaser the money paid
by him at the sale, and which had been
appropriated for the defendant’s benefit,
the college was entitled to have the sale
rescinded.
Judgment affirmed.
L. E. Bleckley, B. F. Abbott, for
plaintiffs in error.
Robt. Baugh, Wm. Ezzard, T. P.
Westmoreland, for defendant
The following case was argued at the
last term and the decision reserved:
Augustus J. Mercier vs. Georgia A. Mer-
cier. Equity, from Early.
TRIPPE, J.
Georgia A. Mercierfiled her bill against
her brother, A. J. Mercier, charging in
substance, that in 1868 her father George
W. Mercier, died testate, and by his will
gave his whole estate, with nominal ex
ceptions, to complainant’s brother, who
had taken possession of the same. That
in 1863 her brother, much against her
father’s will, was engaged to be married
to his present wife. That the father
threatened to disinherit the son if he per
sisted in his intention, and would give him
nothing during the father’s life, or at his
death, but would give all his property to
complainant. That complainant favored
the marriage and her brother proposed
to her that if she would agree in the
event that their father did give her his
E roperty todivideit withhim, “he would
rave Ms father’s anger and consummate
his intention towards the lady to whom he
was then engaged, and that should their
father afterwards relent towards his son
and for any cause give him all his prop
erty, 1 then he would do the same by com
plaint as he asked of her to do by him.”
That her brother urged this proposition
on her, as their father was of irate and
hasty temper and there would be a large
property for both. That complainant
was induced by this and by the further
fact that the betrothed of her brother
would not consummate the marriage on
account of said threat of her father un
less complainant would accede to the
proposition of her brother, to agree with
him that they would equally divide be
tween them the property of thei? father
at his death, withoutregard to which one
it might be given. That a short time
after the understanding thus made, com
plainant’s brother did many the young
lady to whom he was engaged. That
the father afterwards made his will as
above stated, and her brother refuses to
carry out said agreement
The billpayaroraspecific gerformance.
A demurrer was filed on various grounds,
1. Want of equity.
2. That tke.interest of the parties in the
The decision in the following case was
reserved from the last term:
Mayor and Council of Macon vs. Central
Railroad and Banking Company. In
junction, from Bibb.
TRIPPE, J.
1. Statutes under which exemption from
taxation is claimed by corporations, will
be strictly construed, and the exemption
will not be held to be conferred unless
the terms imder which it is granted,
clearly and distinctly show that such was
the intention of the Legislature.
The Act of 29th December, 1869,
providing that tho “stock of the Macon
and Western Railroad Company shall
hereafter pay the same annual tax to tho
State as the other railroad companies of
this State now do, to wit: one-half of one
per cent, on the amount of the net in
come,” does not confer on the company
an exemption of its property within the
city of Macon from liability to be taxed
by the city authorities as it was before
the passage of said Act.
3. The city of Macon, under its
charter, has power to tax all
real and personal property * within
its limits, and there is nothing in
the charter of the Macon and Western
Railroad Company, or in any statute,
that exempts the property of the com
pany thus situated from, the right of tho
city to assess the taxes complained
against.
Judgment reversed.
Jno. B. Weems, R. W. Jemison, for
plaintiff in error.
Lyon & Irvin, for defendant.
Hines & Hobbs vs. Brunswick and Alba
ny Railroad Company. Equity, from
Glynn. ,
TRIPPE, J.
Under the facts in the record the de
cision of the Judge to whom the whole
matter was submitted, refusing tbe com
pensation asked for, was not contrary to
law, and there was no error in overruling
the motion for a new trial.
Judgment affirmed.
Hines & Hobbs, by R. H. Clark, for
plaintiffs’ in error.
O. A. Lochrane; McLaws & Ganahl; A.
O. Bacon; J. C. Nichols, for defendant.
Herman Werner vs. The State. Misde
meanor, from Fulton.
TRIPPE, J.
An indictment charging that the de
fendant did, on the fourth day of April,
1873, being Sunday, keep open a tippling
house, when in fact the said fourth day
of April was Friday, is not a good in
dictment, and a motion in arrest of judg
ment should have been sustained.
Judgment reversed.
L. E. Bleckley, for plaintiff in error.
John T. Glenn, Solicitor General, for
the State.
Edward C. Hodges vs. Atlantic and Gulf
Railr6ad Company. Caso, from
Clinch.
TRIPPE, J.
Under a proper construction of sec
tions 3049, 3369 and 3406 of the New
Code, when considered together, an ac
tion cannot he brought in the Superior
Court against a railroad company by
merely serving the written notice and
filing the same in the clerk’s office with
out other pleadings.
Judgment affirmed.
J. L. Sweat, plaintiff in error.
No appearance for defendant.
Sarah Kelly vs. H. H. Brooks et al,
Motion, from Mitchell.
TRIPPE, J.
This case comes within the decision in
the case of Alfred Prescot vs. M. G. Ben
nett, et aL, rendered at the last term of
this Court, and as seven years had not
expired since the judgment was obtained,
which had been vacated and declared
void by an order of Court on the ground
that it was founded on a contract for the
hire of a slave, and as the judgment was
therefore not dormant at the time the
motion was made to set aside and revoke
such order, it was error in the Court to
refuse the motion.
Judgment reversed.
J. J. Bradford, Wm. E. Smith, for
plaintiff in error.
No appearance for defendants.
CHEROKEE.
Canton, Ga., June 4,1874
Editors Constitution: While your paper
comes to us freighted with good news
from all parts of the State, no one ever
writes from this county to let the lower
Georgians know that there is such a place
as Cherokee, and that “craps,” are good,
etc. All seems perfectly quiet along
beautiful Etowah. It is here one finds
the veritable land flowing with milk and
honey. It is here you breathe pure air
and look at a blue sky. The soil is
equal to any, the climate rivals that of
beautiful France, the scenery compares
with that of Italy and Switzerland.
Poets and painters can flourish here.
While all this is true not a great many
know it. The people are quiet and unas
suming, remarkably industrious and mod
erate, andjWithal very modest The rec
ords of the court show a smaller propor
tion of crimes committed and less litigation
than any other county compared with
same number of inhabitants. Tho peo
ple of Canton polled a “ dry vote,” and
consequently there are no drinking
saloons in the town.
The merchants are selling heavy stocks
of goods. The new Court-House will be
completed in November; the plan is
about the same as the one in Marietta;
Mr. Oxford, of Dalton, is the architect.
The wheat has been reaped, and farmers
report a heavy yield; com and cotton
crops are backward, caused by heavy
rains in April, but will do well, “they
say.” All this is something to make a
county proud; it were a tame pride but
for this: a sportsman may shoot at a
tree, miss it and not kill half dozen Con-
A Pleasant ;Little Town—A Warm
Welcome—True Hospitality-
Delegates Arriving—
gressional candidates. Indeed, there is jelever towns.
Alexander Atkinson vs. Daniel Keith,
administrator, et al, Equity, from
Meriwether.
TRIPPE J.
1. A creditor of an insolvent estate
who held the vendor’s lien on land which
has been sold by the administrator, may
proceed by hill against the representative
of the estate for the assertion of his equi
table, claim ou the proceeds of the
sale.
2. The creditor’s debt was contracted
in 1859, and the bill was filed in 1869,
originally against the administrator, the
purchaser and his vendor, and the widow
of the intestate who had taken dower,
charging notice of the lien on each, and
praying a sale of the land for the discharge
of the vendor’s lien. By amendments
made after January 1st, 1870, all parties
defendants were stricken from the hill,
except the administrator and the first
purchaser, who it was charged had not
paid for the land. The prayer was
also amended, asking judgment on
the debt against the administrator,
and that the purchaser be
decreed to pay his debt due the estate to
complainant, and praying an injunction
restraining the collection of the debt due
by the purchaser:
Held, That no necessity was shown why
the purchaser should be a party, or for
the relief prayed against him, or for any
injunction, and the bill should have been
dismissed as to the purchaser.
2. The amendment to the prayer was
a proper amendment and the bill was
not on account thereof demurrable, on the
ground tmE the relief then prayed was
barred by the Act of March 16th, 1869.
Judgment reversed so far as the bill
was dismissed as against the administra
tor.
Boynton & Dismuke, A. M. Speer, for
plaintiff in error.
Geo. L. Peary, by Z. D. Harrison, for
defendant •
Zinzenderf owed much of bis religious
fervor to the casual sight of a picture of
the crucifixion, with the simple inscrip
tion at the bottom: “All this for thee;
how much for me?”
not a man in the county who desires to
go to Congress. Mr. Editor, some peo
ple would call that a phenomenon. One
word explains it—modesty. The fact
that we live in a county where there are
no candidates makes us happy. Just
step into Bartow and Cobh, and every
fourth man you meet will give your
hand the sweetest squeeze imaginable
every male citizen over twenty-one years
of ago knows what that means. While
this is so, Cherokee is not sleeping over
her political interests.
Bow Bells.
ACROSS THE PLAINS.
A Woman Walks From Kansas City
to California to Find Her
Husband.
[From the Truckee (Cal.) Republican.]
A woman passed through Truckee at
five o’clock yesterday morning, who has
walked the entire distance from Kansas
City. She has followed tho railroad
track closely and has been some fifty
days in making the trip. Nearly every
conductor and brakemen on the railroad
between Omaha and Truckee has ob
served her as they passed her on their
respective trains. She was very reticent
in her conversation, hut claimed to have
a recreant husband somewhere in Cali
fornia whom she was seeking. Numer
ous offers were made her of a ride on tho
freight trains, all of which she per
emptorily refused. She declined trust
ing herself to the dangers and un
certainties of railway travel, and walked
every step of the way. Her dress
consisted of a pair of loose Turkish
trowsers, made of canvas—similar in
texture to that used by miners for hose
in hydraulic mining. A woolen sack
protected her neck and chest, and a small
striped shawl was wrapped around her
shoulders. In height and size she was
rather below the medium. Her features
were rather coarse, and, as may be sup
posed, severely bronzed by exposure to
the sun and weather. The distance from
Winnemucca to Wadsworth (150 miles;
she made in four days, at the rate oi
thirty-four miles a day. She made no
halt in passing through Truckee.
great many persons here were aware of
her coming, but thought she would not
make her grand entiy Until about the
middle of the forenoon yesterday, but
the walk of this remarkable pedestrian
was “mysterious and past finding out,”
and she strode on ahead of time, arriving
here at such an early hour that scarcely
half a dozen were able to take observations
of the event. It had been the intention
to give this wonderful woman a sort of
triumphant reception in Truckee, (and
surely the occasion warranted it) but she
stole the march on us and passed along
rapidly, silently, and determinedly, as u
bent on an important mission, the fulfill
ment of which admitted no delay, cir
cumlocution, speech making nor public
receptions. The case is, we venture to
say, one of the most singular on record.
What will he the fate of that truant hus
band of hers, when she gets her hands
fairly locked in his hair, it is difficult to
conjecture. Better would it have been
for him if he had never been bom. There
will'not be rocks nor mountains enough
in California to cover him from her en
raged sight. ^ ^ ^
ALABAMA.
THE METHODISTS.
MoxnoE, Ga.. June 25, 1874.
Editors Constitution: The people de
nominated Methodists are a people of
methods, and one of their methods is to
call together in a body all the traveling
and local preachers, together with lav
delegates, from the different charges, at
a certaint point annually, for the purpose
of inquiring into the state of the church
^—spiritual and temporal—and this rnect-
togother of preachers and delegates
called a District Conference. This
year this body meets in Monroe, a pleas
ant little town of some six or seven hun
dred inhabitants, in Walton county
situated off the line of tho Georgia Rail
road, some teh miles in the countiy, at
which place we arrived on yesterday, in
company with the preachers and dele
gates from Atlanta, Covington, Oxford,
Conyers, Decatur, etc.
We were received at Social Circle by
the Chairman of the Committee on Ar
rangements, Dr. M. H. Thomas, and
Rev. W. D. Heath, of Monroe, and were
all soon provided with comfortable seats
in vehicles and in a short time left Social
Circle behind.
Passing through the country we noticed
the work of building a railroad from
Monroe to Social Circle going on, the
contract for which is in the hands of
Messrs. J. T. Grant* Co., who are work
ing the penitentiary convicts. When
this road is completed it will add much
to the material prosperty of both these
We were welcomed at Monroe, and
immediately assigned to homes, were wo
partook of the generous repast ready for
us. This people arc clever, warm lieart-
ed, and we feel at home among them.
The delegates have not all arrived yet,
but are coming in. It is thought there
will not be a full representation of the
District. It was expected that Bishop
Pierce would be present and preside, but
learn he will not be here. Tho Confer
ence will be organized this morning, and
Rev. W. H. Potter, the Presiding Elder,
will preside in the absence of tho Bishop.
The opening sermon was preached last
night at tho Methodist chapel, by Rev.
James E. Godfrey, of Atlanta, from the
text, “I will, therefore, that men pray
everywhere, lifting up holy hands, with
out wrath and doubting”—found in the
first epistle of Paul to Timothy. The
selection of this theme was a most impor
tant and appropriate one, and the earnest,
impressive style of the speaker, connect
ed with the close and senous attention of
tho audience, impresses us with tho feel
ing that it will prove a power for good.
There seemed to be apparent in the house
deep feeling, and this first religious ser
vice of the meeting seems to be a harbin
ger of showers of divine grace upon the
community. Methodist.
An Officer Killed—AMother Loses her
Three Children and Goes Crazy.
Montgomery, June 25.—Town Mar
shal Goodson, of Fort Deposit, while at
tempting to arrest a drunken negro, was
shot ana killed by him.
Two weeks ago a Mrs. Cook, of Blount
county, missed her three children, the
eldest aged six years. Search was made,
and they were found drowned in the
well. She became crazy over the loss of
her children, and two or three days ago
escaped from her attendants and drowned
herself in the same well.
The Alabama Equal Rights Association
is in session here. The members are all
negroes. The proceedings of the body
are of no consequence. Phil Joseph, of
Mobile, was elected temporary chairman.
FALLING OF A MILL.
Five Men Known to be Killed.
New York, June 25.—Last evening
an immense stone grist mill, owned bvL.
Hommediere, at the branch and village
fifteen miles from Mt. Sinaili, and'which
has for some time been considered very
unsafe, was blown down in a heavy gale
of wind The roof was first carried
away, and fell upon a horse and wagon,
twenty feet distant, with a tremendous
crash. Eleven men were at work in the
mill at the time the disaster occurred. Im
beneath the ruins five of the unhappy
millers, who were probably killed out
right. Four men miraculously escaped
injury, and two are^adly bruised.
The Presbyterians of the southwest
have been planning a great southwestern
university, to take the place of the va
rious colleges which they have founded.
Clarksville, Tennessee, is selected as the
place, the city fcaving pledged $188,000
to secure the location!
District Conference at Monroe.
Monhob, Ga., June 25,1874
Editors Constitution: Everything seems
to conspire to make this session of the
Conference one of profit and delight to
preachers, delegates and citizens. The
weather is fine, though warm. The citi-
zons conspire together to render our stay
delightful, and tho religious services
promise great and lasting benefit. »
Tins morning at 8 o’clock the preachers
and delegates assembled in tho chapel,
where was held a half an hour prayer
meeting, after which the Conference was
organized by the President, Rev. W. H.
Potter, assuming the chair, and the
election of Revs. J. H. Baxter and Wm.
O. Butler, Secretaries. The organiza
tion being thus perfected, the delegates
enrolled, etc., the President, hefore en
tering upon the business of the day, ad
dressed the body in a few fine and
pointed remarks. He said he regretted
the absence of the Bishop, in common
with the whole Conference; reviewed the
field embraced in the district, and noted
that some points had been blessed with
revivals, and at others a manifest cold
ness and inertness prevailed; spoke of
the power of using the simple methods
of the church as a means of bringing
many to the cross, spoke of the import
ance of the membership assisting the
pastor by personal effort, and tliat if the
membership would be consecrated and
do all they could that grand and unex
pected results would follow, under the
blessing of the Holy Spirit; there Is
power in the gospel simply told, and
power in the membership rallying to hhe
pastor. The speech was one that will do
much good. Rev. Mr. Potter makes a
fine presiding officer.
Reports from the churches were then
called for and reports heard from Payne’s
Chapel and Evans’ChapeL Atlanta. At
Paynes’ the pastor, Rev. A. C. Thomas,
reported a gracious revival during the
year, with one hundred and sixty ad
ditions to the ehurch; reported the
church in good condition spir
itually and financially. J. C. Hendrix
reported for the Sunday School at this
S lace, representing it to be in good con-
ition, a large part of the scholars mem
bers of the church. This is a large school
and growing in power for goed.
Evans’ Chapel was then called and rep
resented, in the absence of the pastor,
bv E. H. Orr. The church reported in
growing spiritual state; finance not up to
the notch. Prosperous Sunday School
reported at this place. While hearing
this report the hour of adjournment ar
rived, and the Conference adjourned to
meet in the afternoon.
afternoon session.
Conference convened at 4 o’clock, re
ligious services conducted by Rev.W. IL
Branham.
Reports from the charges resumed, and
several churches and circuits heard from.
Spiritual condition of those heard from
on an average in good condition, but the
finances generally behind. The afternoon
session was taken up with these reports,
and was concluded with discussion upon
the subject of Sunday Schools, which
was participated in by CoL T. C. Howard,
Dr. Alexander Means, Rev. W. Ii. Bran
ham, J. C. Hendrix and Rev. W. A.
Parks, which brought to light many veiy
important and interesting facts on this im
portant part of the work.
At 11 o’clock a. m. we were present at
the chapel to hear preaching. Rev. W.
W. Wadsworth preached aline sermon,
which was accompanied with the divine
mediately after the roof was swept away unction. Mr. W. i3 a young man, in the
the massive stone walls cared in, burying fourth year of the ministry, and was last
- ’ year stationed at Covington, Gepreia, and
gives promise of much usefulness as a
preacher of the _GospeL Ho promises
well. At night Rev. A. C. Thomas, of
Atlanta, filled the pulpit at the chapel.
He is also a young man of great promise
to the church—you know of his success
ful labors in your city.
Delegates have not all arrived yet—
some dropping in now and then. More
to-morrow.
Methodist.