Newspaper Page Text
THE WEEKLY COWSTiTUTfON—Tuesday, December 15, (574.
Ihe bonds of the city, provided for the some longer than others. The clerk gets the more especially do ve do so in this
payment thereof, that the same should his $0,00 in the ebort cases, andjhe is en-1 case, because it appears from the record
not be sold for less than ninety cents in I titled to no more in the longer ones. I that the presiding Judge before whom
the dollar, and that before said bonds I When the clerk accepted .the office, he the trial was had, stated that in sentenc-
should be issued for public improvements untertood to perform the duties of it, I ing the defendant for the offense of mur-
as specified in the Act,the question should and render the services incident thereto, I der that he did so reluctantly.
be submitted to, aud receive the sanction for the fees prescribed by law for such Let the judgment of the Court below
of, the majority of the qualified voters service. Let the judgment of the Court be reversed.
of the city. It was under this Act that below be ailirmen. I S. P. Webb, H. A. Duncan, for plain-
what is called the water works bonds Frank H. Miller, for plaintiffs in tiff in error.
were issued by the defendant. The com- error. Davenport Jackson, Solicitor-General,
plainants allege that these bonds were is- Amos T. Akerman, by D. P. Hill, for J by Jackson & Clarke, for the State,
sued without complying with the provis-1 defendant,
ions of the Act, that the question of erect-
| Isaac Hooper vs. The State,
from Richmond.
Murder,
ing water works did not receive the sane- Homer vs. Godbee, administrator, vs.
tion of the majority of the qualified vo-1 George W. Sapp. Complaint, front
iers of the city, and that the bonds were Burke,
negotiated and sold for less than ninety WARNER, C J
cents in the dollar. The defendant in ThJa waaan brougbtby H . y
its answer admi tna a small po ton o administrator de iotiii 7«>n, w-ith j — -- - ■ . ., -.
the bonds were sold for less tlian nmety tbe w|U annexed, of F. G. Godbee, de manslaughter or justifiable homicide, if
,hft HA,lnr ™ t “ Wfl #h< * ho1onno 1 * - — - I there be m fact no evidence from winch
McCAY, J.
1. It is not error in the Judge, on the
trial of an indictment for murder, to say
to the jury that in his opinion the case
rested on the law of murder, voluntary
ceased, against G. V. skpre on a prom
ii ie »^Lnf,M*im 1< ^f at “w 1 a n »ot y ^nrW' a nrl i3so, 7 n<>te f°r S 1 - 650 - The defendan
that the questign of water works or I m„nn
that the questign
‘no water works'
••no water wonts - was twice submitted I biy consideration. On the trial of the I 3- On the trial of an inaictmeni
to the legal voters ofthe city, and that I ca8Ci Jones, a witness for the defendant, j f° r murder, the Judge charged,
a “f jMri . y °* l u 0se I was offered to prove “that Perkins said I among other things, ai
voted in favor of waterworks. By the w :, ness at the time of the appraise- follows:'“What I havereadtoyou from the
Constitution of 1868, the General Assem- "ent ^ the estate of ted F O. Code defining the different grades of the
bly may permit the corporate authorities I Go( i. . tl l t p Godbee deceased I cime you are to take from the Court as
of any town, or city, to take stock in, o.- Shim iSbre Ws dSS that^ he hrni law. ' What the opinion of the Court
contribute to, &ny r«ulro!id, or \^ork of 1 received from defendant tbe I may be in its application to tbe case you
public improvement, or engage in such 1 amount of the note ^ven him by Sapp may consider and receive or reject ac-
work, after a majority of the qualified for tbe 8um of ggQ » To tbe admis- cording to your conscientious convic-
voters of such town or city voting at an s}on of the f oreg oi’ng evidence the plain- tions. It is presumed that the Court is
election held for the purpose, shall have tiff ob j ecte< j which objection was over- familiar with the law, and you ought to
voted in favor of the same, but not I ruled J by the ’ Cour , and the plaintiff ex-1 pay deference to those opinions and not
otherwise. The question is, whether the I ceptfcd The jury under the charge of I contemptuously disregard them:'
Constitution requires that a majority of th £ Q oart found a verdict for the de-1 Held, That this was noterror. In the
all the qualified voters of a town or city, I fendant ^ to the amount of the $1,6501 application of the law to the facts, the
should vote upon the question submitted, note { n our ; U( j<r m ent the Court erred jury are judges of the law and facts, and
or whether a majority of those voting at I j n admitting in evidence the declarations I whilst they should pay respect to
the election, is sufficient? In our judg-1 of p er ki ns as to what he heard Godbee the opinions of the Judge, yet they have
ment, the Constitution only requires a in relation to the $1 650 note. The a right to make such application, accord-
majority of those voting at the election, admissions or declarations of Perkins 1 ing to their own convictions of the truth
such are the plain words of it, and doubt-1 wt . re only admissible as to his own acts I of the case. .
less that was its true intent and mean- ^ conduct after lie became clothed with 3. The sixth, seventh and eighth
ing, otherwise, it would have said a I thc tnl8t ^ exe cutor. What Godbee I grounds of error in this case, objecting
majority of aU the qualified voters of j b j m was merely hearsay evidence, to the charge of the Court as to the ef-
such town or city, instead of saying, I and 8bou i dnot have been received. The feet of approbrious words and to as the
after a majority ot the qualified voters of I ev jd e nce as set forth in the bill of excep-1 right of deceased, under certain circum-
such town or city voting at an I tions was also objectionable on the ground I stances to strike, and the character of
election held for the purpose. that it did not tend to prove the failure the violence he would be authorized to
Every qualified voter in of tho consideration of the note. The use, are not well taken. There was evi-
the city of Rome, had thc privilege of evidence as set forth in the bill of axcep- dencc to justify the charge is given,
voting upon the question at the time the tions tbat p er kins said to the witness 1 4. The verdict is sustained by the
election was held, or not voting, just as I that Godbee told him before his death I evidence and ought not to be dis
he pleased, and it he did not vote when that he bad never rece ived from the de- turbed. _ . _
he had the opportunity to do so, the pr6- f en dant the amount of the note given by I Marcellus P. I oster, H. A. Duncan,
sumption is that he whs willing to abide s app f or the sum c f $1,650. Godbee for plaintiff in error,
the decision of those who did vote. I j ie i d g app ’ g no t e for that amount, and if I Davenport Jackson, Solicitor-General,
What we have said in relation to the be bad J,£ ver received the amount of the by Jackson & Clarke, for the State,
vote of a majority of the qualified voters no te from Sapp the presumption would
nitir ir/tlirur ut f hn a.looti<in in to. I . i j fl rni
pleaded that the note was given without | involuutary.
defendant I it could be inferred that the killing was
indictment
leaving the question wholly uncertain
whether the blinds of the house charged
to have been broken into, were closed so
as to show that there was such a breaking
as is necessary to constitute burglary,
when taken in connection with the ap
parent uncertainty of the witness as to
the identity of tbe accused, makes this a
proper case in the opinion of this Court
for a new trial.
Judgment reversed.
S. F. Webb, for plaintiff in error.
Davenport Jackson, Solicitor General,
by Jackson & Clarke, for the State.
George P. Curry vs. The National Bank
of Augusta. " Garnishment, from the
City Court of Augusta.
TRIPPE, J.
1. A plaintiff in garnishment is not en
titled to enter a judgment againt the gar
nishee, because the answer was filed in
vocation, the same having been so filed
subsequent to the term next after service
of the summons and before judgment
was obtained against the principal debt
or.
3. If the answer admits indebtedness
to the defendant of a certain sum, but
sets up tbat he is indebted to the gar
nishee in a certain other sum of a much
larger amount, and the plaintiff asks a
judgment for the sum so admitted, on
the ground that a claim of the garnishee
against the principal debtor—if not due
—cannot be retained under the doctrine
of set off—and it does not appear from
the pleadings that it is not due—the plain
tiff should traverse the answer and prove
the fact on which he relies, before he can
assert any nght to the judgment he
seeks.
3. Where a garnishee discharges him
self by liis answer, he is entitled to a
judgment against the plaintiff for the
cost.
Judgment affirmed.
H. Clay Foster, for plaintiff in error.
Frank H. Miller; J. C. C. Black, for
defendant.
E. R. Baker vs. S. A. Lyman. Claim,
from Bartow.
TRIPPE, J.
1. Though a levy on several city lots, all
of which are claimed, recites that one
of the lots, without designating which,
was in the possession of the defendant
in execution, the onus is not thereby cast
on the claimant, and it was not error in
tho Court to hold that the burden of
proof was on the plaintiff in execution,
«. low in an action of trover,
t....o.ined a verdict only for
CUai>.
Judgment affirmed.
J. E. Harper & Bro., for plaintiff in
error.
Salem Dutcher, by brief, for defend
ants.
James L. Pierce vs. The State. Misde
meanor, from Bartow.
TRIPPE, J.
1. H a witness knowingly and wilfully
swears falsely in a material matter, his
testimony should be rejected entirely,
unless it be corroborated by the facts and
circumstances of the case, or other cred
ible evidences; and it is not a correct
rule for the Court to charge the jury,
that credit may be given to such a wit
ness, without also charging the necessity
for such corroboration.
3. If a defendant on trial for using ob
scene language to a female, requests tho
Court to charge, that the words must be
offensive and an insult to the one to
whom they are spoken to make them
criminal, and the words are of them
selves insulting and obscene, the burden
is ou him to show such provocation for
speaking them, as would amount to a
justification, before he is entitled to such
charge.
3. Where it is competent to prove
drunkenness, a witness may give the facts
on which he bases his opinion and from
those facts state what that opinion is.
4. Upon tho question of the
admissibility of such test!
mony in a criminal case, it is held by a
majority of this Court, that it is compe
tent for the State to prove that a short
time previous to the commission _of the
offence charged, the accused was intoxi
cated, provided such testimony makes it
probable that the intoxication continued
and existed at the time the alleged crim
inal act was done.
(Trippe, J. dissents on the last point,as
follows:)
5. Whilst it may not be objectionable
in a criminal case, for the witness for
the State in giving the facts which con
stitute the offence charged, to sta e as
part of the res gestae, that the defend ant
was intoxicated, it is not competent for
the prosecutor to prove as an independ
ent fact in the case, that the accused was
drunk a short while before the commis
sion of the act charged, although it be so
near to that time as to make it probable
that the intoxication continued to the
time when the offence was alleged to
THE NEW YORK EARTHQUAKE
Terror of tbe People—General Alarm.
of the city voting at the election. in re-1 bc tbat be still owed it. There is noth-1 Wm. GlendennLng, administrator, vs. J. I and tbat be was en titled to open and con-. have been committed. Such evidence
.«»»/! «o tliA TOotne wnrlrc linvwlc So (lion I . • a • *- _i — f..! 1 I A A nclnv Ar (’ll TTflllltV 11*0111 KlCQ* I 1 b©f()rC tllC jliry wnt«1.3 mnitlinT ownnen f ho nmmo if nffpppH
2. Letters from the claimants to the
A. Ansley & Co.
mond.
gard to the water-works bonds, is also |jng in that evidence going to show a fail-
applicable to the election held as to the urc G f tbe consideration of the note.
subscription for stock in the Memphis Let t be judgment of thc Court below | McCAY, J. I plaintiff or the record of a suit and
branch railroad, and the North and South be reV ersed. 1 Where in a scire facias against an judgment in favor of claimant against
railroad. In our judgment the defendant Corker & Dickson, for plaintiff in er- administrator to revive a dormant judg- the defendant, which tend to illustrate
bad the legal authority to issue the bonds ror ment a «ainst his intestate, the adminis- the issues involved, and do in fact aid in
complained of in the complainant s bill, j j j 0 nes, for defendant. trator offered to plead plene administra- determining it,are competent evidence for
audit the same were irregularly issued I Wm. C. Tudor vs. John James, ad-1 ^ ba ^ ^ bp presiding Judge announced I the plaintiff. _
by the defendant, or if any of them m i n istrator. Equity, lrom Columbia. that tbis} wa3 J unnecessary, as the effect 3. When the interrogatories of a wit-
were negotiated and sold for less than WARNER c j. of tUe proceeding would be simply to ness have been taken on the ground of
ninety cents in the dollar, the defendant ’ complain- revive the dormant judgment and have his being aged and infirm, and he resides
is bound to pay them, and the interest I his was a dm men oy tne complain _ . n the administrator and a in the town where the case is tried, this
thereon to the holders thereof. In sup-1 ants against the defendant, to obtain the 1 noeSeanponU^^umsUMor, anu | ^ ^ glow tQ hold that the
port of our judgment, we cite the fol-1 possession of certain described property I ] 6 That eouitv will o/suchproof Judge who tried tbe case, committed er-
lowimr authorities: Knox vs. AsDinwall. I mentioned therein, on the ground that I t Vi!„ ’ 't,™ rnr in remiirini? the nresence of.andsend-
Rep, 29; and Mercer county vs. Hackct void—that it was me mienuon oi ine charge him with particularly will this be so, when the
1st Wallace’s liep., 94; Gilspike vs. Du. testator in givirg the Property to Til- orator, so aiM*^charge him with part^c t0 it8 * sa t is faction
buque, 1st _"\V allace s Rep ; , 2J3; Super-1 j^ 8 y ^ v jjJ c j^ eedom on certain ue-1 suit on the administration bond, and this I a3 to the ability of the witness to
, allace s ltep., on the ground that the defendant acted come, into Court and undergo the
,-s. Butler, 14 ^» The date of the under a mistake, being misled by the examination, and it further appears that
loran vs. the I mg laws Of tlUS State. iUe tiaie OI me I a J la n npnr relative to and the
buque
visors vs,
781; Citv of Lexington vs.
•e’s liep., 394; Moran vs! the I mg laws of this State, me^ aaie oi tne i “““| d -“ ‘“j pd gg’ " v ‘“ a J I the witness is a near relative to and the
ot Ml.mi Company. M Iibek'n w “I 3- ThSSnpo'rmr Court to,jnn.dictlon | vendor.“1
alleged to have taken place in January
achenck e 5th WaS ff his will, to confer freedom on certain ue- suit on the administration bond, and this
qcnencK, om «auace s itep., i ; >i.» I on tlie <rround that the defendant acted
tinglon vs. Butler, 14th I K ro
Wallace’s liep., 394; Moran vs. the mg
Com. of Miami Company. 2d Black’s wilL , . - .
liep., 729. Thc application hav-1 e ^, ucu ’ 1 el ,\ 'linear j* I to revive a dormant judgment of the old I resulted to claimant from such ruling by
would neither excuse the crime, if offered
by the accused, nor is it competent either
to impeach the character or to show
greater probability of his guilt.
Judgment reversed.
Warren Akin, Wm. T. Wofford, Abda
Johnson, for plaintiff in error.
A. T. Hackett, Solicitor General; J.
A. W. Johnson, Jno. W. Wofford, for
the State.
A WHITE VICTORY IN SOUTH
CAROLINA.
Governor Chamberlin Namesa White
Judge and Denounces the
Negroes
Will the Governor’s Blood Triumph
Over his Politics?
[The Constitution’s New York Telegrams.}
New York, December 11.—In relation
to the shock of earthquake last night,
the Post says, a very distinct shoek was
felt at Dobbs’ ferry and on the west bank
of the Hudson, between Yonkers and
A house shook with such tremulous mo
tion. that the family rushed from it,
thinking it was being crushed. Tarry-
town at 10:25 p. m.
The noise accompanying this shock was
as well defined and had much the charac
ter of a sharp clap of thunder. There are
comparatively few reports of the shock
having been felt in this city. One family,
however, in the 21st ward, heard thc
shock so distinctly that some of them
got out of bed to liam the cause. Per
sons residing in Mount Vernon, East
Chester, New Rochelle and other villages,
along the cast side of West Chester coun
ty, say that the shock was felt at 10:26 P.
ic., and appeared to pass from a south
easterly to a northeasterly direction.
Many were greatly alarmed, believing
that some dreadful explosion had oc
curred in the neighborhood. On the
line of the New Haven railroad the shock
was felt as far east as Stanford. On the
Harlem railroad line it was very severe,
especially in tbe villages north of White
Plains. At Mount Kesco considerable
alarm was felt It occurred there at
10 £6 p. m. At Williams bridge, Ford-
ham and Mount Hope, in the
24th ward of this city, ; it was
also very perceptible. A new house,
built in the most substantial
manner and proof against the storms,
were shaken from it s foundation to
its roof, causing great terror to occu
pants. At Durral the concussion was
so severe that it caused a general alarm,
and in many of the houses lights were
kept burning until a late hour and inhab
itants were on the alert for a repetition of
shock. One of thc wouuded patrolmen
says that it terrified his horse so that thc
animal became almost unmanageable,
ble. The shock was very
distinct at Tarrytown and, persons were
so alarmed as to run out of doors. Thc
earthquake was felt very distinctly at
White Plains. Accounts vary as to th®
duration of the shock. Some of those
who felt the shock, being of thc opinion
that it lasted as long as 15 seconds, while
others limit it to 5 seconds. The general
directions of the noise accompanied by a
slight occulation seems to hvve been from
north to south. Accounts from different
persons making it to pass from north-east
to south-west and from north-west to
south-east.
I*
ing been made in this case to a Court
of equity, to restrain the deffendant from
levying and collecting an extraordinary
tax tor the payment of the interest due
ou the bonds, the question naturally pre
sents itself, where were t e complaining
citizens of the city of Rome, when the
stock subscription to the railroad compa
nies was made and thc bonds issued by
the defendant in payment therefor?
Why did not they interfere then to res
train the defendant from subscribing for
the stock and issuing the bonds of the
city, if the defendant was violating its
duty, as they now allege ? Why remain
quiet and passive until the bonds had
been issued and sold and were in the
hands of innocent holders thereof. In
view of thc facts of this case, it may
well be questioned, whether a Court of
equity should not hold that they are now
estopped from setting up the grounds of
complaint at this late day. as against the
innocent holders of the bonds, at any
rate, a Court of equity will not
lend a very willing ear to their
complaints now. We reverse the judg
ment of the Court below iu grouting the
injunction restraining the levying and
collecting any extraordinary tax to pay
the interest coupons attached to the
bonds} issued by the Mayor and City
Council of Rome to pay the subscription
for stock to the North and South railroad
company of Georgia, and the sixty-five
bonds issued to redeem what is called
city currency, numbered from one to
sixty-five inclusive, aud affirm the judg
ment of the Court in refusing the injunc
tiou as to all the other bonds specified
therein.
Let the judgment be so entered on the
minutes of this Court.
w Wm. II. Hull; Hamilton Yancey, for
plaint'll in error, in first case,
Forsyth & Reese; D. S. Print up; Wright
A Featherston, for defendants.
I). S. Printup; Wright & Featherston
Forsyth A Reese, for plaintiffs in error,
iu secoud case.
W. II. Hull; Hamilton Yancey; Joel
Branham, for defendants.
duly qualified as , _ .
ant dtmurred to complainants 1 bill, on I of civil causes,
the ground that the Superior Court had I Judgment reversed,
no jurisdiction to set aside and declare
void the will of Thomas Tudor or I Frank H. Miller, for defendant,
any part thereof, which demurrer _ — ..
was sustained by the Court R- C. Kerr, trustee vs. Wm T. Gould,
and complainants excepted. I assignee. Complaint, from Rich-
The Act of 1818 amendatory of the Act J mond.
of 1801, inhibits the recording of so McCAY, J. ifc ia iu w
much of any instrument as relates to the 1 T c sustain an action for rent, the I ^eauest to'charge! as'thetestimony may
manumitting or setting free of any rc i at j on 0 f landlord and tenant must be aphorize
slave or slaves, and that includes the sbown lo have existed between the par-| 6 The question submitted by the
Court of Ordinary. 1 lie will of 1 udor tie3 T he defendant must have in some Co ’ rt to , be j ury W as the true one iu the
has been admitted to probate in that I way exerc i sed control over the proper-1 case « 0 .wit: was the deed made to hin-
Court. The counsel for plaintiffs^ in | j dfcr ’ and de j ay creditors and was the
error contends, that it is not the object I o. An assignee for the benefit of tl' e I claimant who took under it aware of
ofthe bill tb set aside the probate oil cred it or sof a bank, is not liable for the I that intention; and we cannot say that
Tnflnro* will lv.lt tllfit TlPPPAmirilV IIP «C S« ndtinlt tlui RnnlfQ nF I . . • i . A
Officers of Richmond Superior Cour
vs. Miles G. Dobbins. Illegality, from
Richmond.
WARNER, C. J.
The only question presented by the
record in this case for our judgment is,
whether the clerk of the Superior Court
Ls entitled to charge for his costs in civil
cases, more than $6,00 iu every
commenced, and prosecuted to judg
ment, including service for recording
petition, process, and judgment, as spe
cified in the 3695th section of the New
Code. It is insisted that the clerkis entitled
to charge fifteen cents per hundred words
for recording proceedings in civil oases,
and that includes the recording of the
petitions, proces, and judgment in all
civil cases. The reply is, that the
clerk's fees in every suit commenced and
prosecuted to judgment, including ser
vice for recording the petition, process,
and judgment, is definitely fixed and pre-
scribed by the law, and that is true, in
regard to the clerk’s fees in every case,
in which his feqs are definitely fixed and
prescribed, but in other civil cases, in
which his fees are not definitely fixed,
and prescribed, lie is entitled io charge
for recording the proceedings in such
cases, fifteen cents per hundred words.
In regulating the clerks fees iu suits
commenced and prosecuted to judgment,
including his services for recording the
petition, proces, and judgment, thc
Legislature doubtless intended to provide
a fair average compensation for service
to bc rendered, taking into consideration
that some cases would be short, and
to a relative, it is not a sufficient reply to
ouu-uk».«.»o» .the issue of fraud made by a creditor
II. W. Hilliard, for plaintiff in error. I upon such a deed, that the debtor has suf
ficient property in a distant State to dis
charge his indebtedness—especially if
the donee was aware, at the time of re
ceiving such deed, of the debt due the
attacking creditor and that payment
thereof was being urged.
5. It is proper for the Court to qualify
Tudors’ will, but that must necessarily be
done, and more too, before the com
plainants are entitled to the relief which
they seek So long as the will of Tudor,
which lias been admitted to probate iu
the Court of Ordinary, stands as his will,
the complainauts can take nothing under
it, they therefore ask the Superior
Court exercising chancery jurisdiction,
to declare certain clauses of that will
null and void, ami unless the latter Court
docs so declare, and adjudge, the com
plainants cannot have the relief which
they seek. The question therefore arises
whether the Superior Court, in the exer
cise of its chancery powers, has jurisdic
tion to set aside a will which has been
regularly admitted to probate in the
Court of Ordinary, and declare
the same, or any part thereof,
null and void. By the Constitution of
this State the powers of a Court of Ordi
nary an 1 of Probate are vested in an Or-
dinarv for each county. By the 331st
section of tlic new Code it is declared
that Courts of Ordinary have authority
to exercise original, exclusive and gen
eral jurisdiction of the following snbjects
matter: Probate of wills, the granting
of letters testamentary, of administra
tion, and the repeal or revocation of the
same. As before stated, tbe will of Tu
dor has been duly admitted to probate in
the Court of Ordinary, and Tillery duly
qualified as the executor thereof. In our
judgment the Superior Court, in tbe ex
ercise of its chancery powers, has no ju
risdiction to set aside the will of Tudor
thus admitted to probate, or any clause
thereof, but that the jurisdiction to do
that is vested eceiusircly in the Court of
Ordinary. That is the Court to which
the complainants must go to have the
will set as : de, or any part thereof, and
the probate of the same revoked. A de
murrer, for want of jurisdiction of the
Court, may be made at any time.
Let the judgment of the Court below
be affirmed.
rent of a room in which the books of the ver( ji c t was not right under thc evi-
the nank were, after the assignment, de- d „ nce .
posited by the president of the bank, it 'judgment affirmed,
uotjappea'ring that the assignee exercised R Stansell; J. L. Moore, for plain
any control over the room, or have any j n error .
i for said books. Jno. W. Wofford; Jno. W. Wikle, for
Judgment reversed. defendant.
Wm. T. Gould, W. II. Hull, for plain-1 £ T McNabb vs. William II. and Wm.
tiff in error.
Frank 11. Miller, for defendant.
Jules Rival vs. E. F. Gallagher.
pass, from Richmond.
McCAY, J.
When, aft* r a verdict in a claim case ^
finding cert: m real estate subject to a | a notarial protest deposited
mortgage, the property was sold to sat- - n the p 0st . 0 flj ce of the city where the
isfy tile mortgage h. la., it is the dutj of j ndorser resides, is sufficient notice under
the sheriff to put the purchaser in pos- tbe code
session. And to do so he may turn out ^jud ^ent rever^d
the claimant and hislessses or tenants, 7, C arroll- Frank II. Miller, for
and this even though said claimant was a . . * . Q error
purchaser from the mortgagor before the ^ appearance for defendants
judgment of foreclosure. t l
JoShP. l CarrT e j‘ C. C. Black, by James G. Bailie, executor vs. Thomas J.
brief, lor plaintiff in error. I Kinclily, et aL Trover, from City
Barnes A Cummicg, by brief, for de-1 court of Augusta.
TRIPPE, J.
1. A will contained the following
I clause: “I direct all my just debts to be
paid, and to enable this to be done, as
well as for the purpose of managing and
H. W. Hilliard, for plaintiff in error.
Robest Toombs, for defendant.
Jim Cooper vs. The State. Murder, from
Richmond.
WARNER, C. J.
The defendant was indicted for the of
fense of murder, and on the trial thereof,
was found guilty, and sentenced to be
executed. A motion was made for a
new trial, which was overruled bv the
Court, and the defendant excepted. In
looking through the evidence in the
record, we are not satisfied that it make:
out a clear case of murder under the
law. And inasmuch as that is a doubt
ful question from all the facts and cir
cumstances as disclosed by the record,
we give the defendant the benefit of the
doubt, and grant him a new trial, and
Tres-
C. Jones. Complaint, from City Court
of Augusta.
TRIPPE, J.
Whatever may have been the rule pre
vious to the Aet of Congress requiring
all drop letters to hear a postage stamp,
since the passage of said Act notice to an
[The Constitution’s Telegraph from Charl-
leston.)
Charleston, Dec. 11.—The election
of judge of Charleston circuit by the
state legislature which took place to-day,
attracted much attention, because both
candidates of prominence were republi
cans, and one of them was actively sup
ported and the other opposed by Gov.
Chamberlin. The Chamberlin candidate
was Hon. J. P. Reed, a Carolinian of
some ability and distinction, who recent
ly joined the republican party. The
anti-Chamberlin candidate was W. J.
Whipper, a notorious black politician. In
caucus, last night, Gov. Chamberlin
demanded that an able and honest man
be chosen, and denounced Whipper as
incapable and corrupt, and urged the
election of Reed. There was much con
fusion, and Chamberlin was bitterly
abused by Whipper and other republican
leaders. This morning the Whipper
party were confident of winning, hut the
conservatives seeing the republican ad
ministration attacked, voted in a body
for Reed, who was elected on the first
ballot.
Ax infantry soldier in the Russian army
carries 68 pounds, the English 6oldier62 and
the French 63, the Prussian 61, the Swiss
59, the American 53, the Italian 53, and the
Austrian 47.
Senator Coxklixg has some celebrity as
a statesman of bad temper. Some years
since he had a controversy with Mr. Blaine
the present speaker, and they have had no
relations of a personal character since,
am sorry to hear,” he said, “that you are
not on good relations with Mr. Coukling.
“You are mistaken,” says the speaker,
have better relations with him than any man
in Washington, for we don’t speak. ”
Atlanta Abroad.
fendant.
N. M. Payne vs. J. J. F. Blackshire et.
al. Ejectment, from Whitfield.
McCAY, J.
1. When one bought land from a per-
son representing liimaelf to have a writ- distributing my estate “^emonj or
ten authority from the owner to sell, and survivor or the one
a deed was made by the assumed agent apportion or all of my
,n his own name without any mention of “*7,**!^^wi, a cotton factor and
the pnncipal,and the purch^er went into ^tato ^stmo q£ one wR .
C ° ntmned m P °^ 10n S oieonheexecuors obtained money
Held, That it wasnot error in the Judge I to r t ^, e deoosited^rtain
to reluse to charge that the transaction th e of n0 CTeater
was upon its face so conclusive evidence of notes belonging to t 5 , gr
fraud as that the deed was not a good value than the amount advanced as col-
cob, r of title on which to base a prescrip-1 laUerai^ pleged> can .
T . . T j i I «a? hn recovered bv the other executor
It is not error in the Judge on f r0 m ihe defendant who made the ad-
defendant relies on a title by precrip I yance, if toeiury credit the witness giv-
tion to neglect to charge the jury, that in ^ t o h d ^ ide w hc’re the testimony was
making up the seven years possession they j l ur 7, - t °. declde w '
could not count the time the locality was connicung of the
CVams^losed^no^evid^c^^aving'been I defendant, ’1- the execu^who re
adduced upon that subject and norequest ^dt of 6 the estate he represented, pro-
m Judgment 1 reversed* 6 f led the money was advanced in good
brS; Lpl^m^intrror': ^ ' “«■ Where one of the parties to the suit
B. Z. Herndon; J.
brief, for defendants.
F bv introduces in evidence the judgment of a
r.. ^uumatc, o. Court in gome matter tbat rauy be rele
vant, it is not error for the Court to per
mit the other to introduce the whole rec-
Jordan Williams vs. The State. Burglarv, I ord, unless it appear that the other por-
- - I is irrelevant and may injure the par-
front Richmond. ty objecting. .
TRIPPE, J. I 4 Under $4286, new Code, this Court j L -ause is the energy, enterprise and industry
The testimony of the chief witness for cannot award damages in favor of ade- of iu population- I have never seen the
the State, as it appears in the record, I fendant in error who was also defendant like in all the south.
A correspondent of the Greeneville (S.
C.) News, writing from this city, says:
South Carolina is largely represented in
this city, by citizens who come here before
and since the war, more largely, perhaps,
than any other state outside, except Ten
nessee. Every profession and calling are
represented. We find here amongst the le
gal fraternity, Gen. Garlington, formerly of
Newberry, Westmoreland, from Greenville,
and Ellis, of Beaufort, and perhaps others.
Amongst the medical fraternity, Pinckney,
Thompson and Goldsmith. AmongRt the
merchanta, Boylston, Eggleston, Horsey
and Calder These are are only a few of the
names I remember now. I am glad, too
to know that South Carolina need not b<
ashamed of those who wear her name. Our
friend, Gen. Garlington, has been named by
his friends for the next recorder of the city,
and it is believed, by those with whom we
conversed, that he will be elected. If they
know him as well as he is known in his old
state, he will be apt to win. He filled im
portant places there, both civil and milita
ry, and always with honor and credit. When
it was a real honor to be governor, he
lacked only a few votes of being elected to
tbat office over one of the ablest men in the
state. We trust he will be fully apprecia
ted inhis new home, and that he may recov
er from the reverses which the war brought
upon him. By the way, I never knew, un
til lately, that the general is a native son of
Georgia.
This city is truly a wonderful place. Its
business and. growth—life in everything-
is a marvel, even to those who live here.
One man assigns one cause, another another,
till one is really perdlexed to understand
the real cause of its growth and prosperity.
One of the causes certainly is, iu great rail
road facilities, but I believe that the chief
It is rumored that General Butler is at
work canvassing for a new session on tho
4th of March.
An Ohio sheriff felt a good deal of em
barrassment on having to take to tho peni
tentiary a man who had been convicted of
voting for him three times.
There is an M. C. elect in Missouri who
is known as the Big Majority Clark. His
majority was 19,340. His opponent has con
cluded not to contest the election.
TnE house military committee held their
first meeting Thursday. They propose to
perfect a bill for still further reducing the
army, and limiting the number of troops to
20,000.
JIu. T. R. Christian, long connected
,h the Star and Cultivator, is a candidate
for the office of door keeper of the senate.
He held the position in lS0l-’3-’3, and gave '
perfect satisfaction.
Ben Butler is reported to be on a seal v
hunt. He is said to be closely watchh :
Messrs. Foster, Garfield, Blaine and Phelj
and is reported as declaring that he wtll hat
thcii scalps before the session is over.
An exchange says: “There are four clot
gymen elected to the next congress, and 1,
one of them would consent to act as con*
gressional chaplain it would be a saving to
the government of $10,000 a year.”
Mrs General Rawlins was dying at tho
very moment a statue of her husband was
being unveiled at Washington in the pres
ence of the secretary of war and many other
distinguished personages. ;
Senator Eaton, of Connecticut, who
does uot take his seat until the XLIV»h con
gress meeU, intends to spend a good deal of
time in Washington this winter, in order to
familiarize himself with the routine of leg
islation.
Prop. Seelye, it is thought, will resign
his chair in Amherst College at the close of
the present college year, in order to attend
to his congressional duties. If he retires
from public life at the end of his term of
service, he may devote himself exclusively
to literary work and not return to the col
lege at ail.
It now appears thatFcnn, democrat, and
not Bennett, republican, is elected to con- .
gress in Idaho territory- Eenn was pledged
to urge a division of the territory, and had
a pretty solid vote in north Idaho; while
Gov. Bennett, opposing a division, had
the vote of south Idaho. The north out
voted the SGuth, and was the last to be heard
from. That’s all.
That great ecclesiastical namad, Parson
Newman, is gradually drawing neer again to
the shores of his native land. He comes
with the genuine Jerusalem odor of sanctity
about him and a bottle of Jordan water in
onr->i pocket. His country allowed him $12,-
000 in gold during hia absence, which is
$6,000 for the Jerusalem odor; and $3,000 a
bottle for the Jordan water, and he is willing
to do it again on the same terms .—Brooklyn
Argus.
Fernando Wood has begun his campaign
for the speakership very early. Invitations,
of which the foUowing is a copy, have been
quite generally distributed: “Justice is
slow but sure.” Mr. Fernando Wood re
spectfully requests your company, to meet
the democratic and conservative members of
the senate and house of representatives so
cially, Thursday evening, 10th inst., at 8
o’clock, in congratulation of the recent
elections.—-V. 7. Hqm’Jlr.
For the first time in the. history of this
country the name of a political party has
been introduced into the message of a pres
ident ot the United States. Gen. Grant had
the bad taste and the public indecency to say,
in his last communication to congress, that'
“under existing conditions the negro votes
the republican ticket because he knows his
friends are of that party.” Wh3t language
is that to be inserted in a president’s mes
sage! “How disgraceful!” will be tho uni-
, versal exclamation.—Cincinnati Enquirer.