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2. THE ATLANTA WEEKL Y S U IS. THE DAM SUK Wednesday Morning -. .August 30. A New Party. very ‘New Some of our cotempornries are ranch concerned jnst now about a Party Movement.” The suggestion has been made that The Atlanta Sun and thocc papers which op pose the Ninth Resolution of the Penn sylvania Harrisburg Convention contem plate the organization of a “New Party,” in opposition to “the Democracy.” Now, be it known to all who have any such idea, that The Atlanta Sun, speak ing for itself, intends to do no such tiling. That is just what it intends not to do. Its fortunes and fate are with the Democra cy, pure and unadulterated. o- There arc but two parties in this coun try at present. These are the Demo cratic or Constitutional Party; and the Radical or Centralizing Imperial Party. If there be any contemplated “New Party” organization, it is with the disaf fected dclris of the Democratic and Radical Parties as they now exist, who wish to form a coalition under the name andstyleoftho “NewDepartureDemc c a cy.” Under this arrangement, the Radical portion of the combination, are to “stoop to conquer,” so far as to abandon their name in order to secure their principles. Now, with ibis hideous coa lition, The Sun has no affinity, nor does it intend to give it any quarters. All who wish to “depart” from the Democracy to join it, in hopes of spoils, can do so at their pleasure, just as our neighbor of the New Aba and Gov. Bullock, and all other disappointed Radi cals, who see the day of their political doom Coming, may do on their part; but with such “New Party Organization” The Sun will take no part or lot. The flag under which it is enlisted, is the time honored banner of Jefferson De mocracy. Under this it will triumph, or under it, will perish. A. H. S. lar. The late coldness of journals in the mention of it is matter of popular con gratulation. We tackled the monster at its birth be lieving the thing most dangpous to the , welfare of the people, and odious to their just sense of political rectitude. We ! did not misinterpret the will of the peo ple. It was seen at a glance that Derao- ! crate could not unite on it, and therefore is it given up for “a dead cock in tlio pit.” Friends, let it die an easy death. The poor little infant was uot exactly strang led, because it was a sickly child and the accoucheur saw it would die of its own ac cord, or perhaps she would have given it some jerks she- did not. It may cause about a half a tear apiece to some elderly gentlemen in their political do tage, but the active, wide-awake people will say: “It was a good thing the poor little creature died, for it was too weakly to have enjoyed life, even if it had lived.” Let us keep Democracy pure, friends, aud then when we do win, our victory will uot be one of dishonor. The silence of the press ia a sign of deep mourning, in which we sympathize with the afflicted relatives of deceased.—Forest {Miss.) Reg ister, Aug. 19, 1871. J. F. Bursa—Blink en- POLines IN INDIANA. From tho Terre Haute Journal. Opposed to Central Despotism. Mr. Jefferson uttered no idle prophecy when ho expressed himself against con solidation. “If this country is brought under a single government,” he said, “it will be ono of the most extensive corrup tion, i ndifferent and incapable of a wholo- Bonn care over so widespread a surface, This will not be borne, and you will have to choose between reformation and revo lution. If I know the spirit of the coun try, the one or the other is inevitable.— Before the canker has become inveterate, before the venom has reached so much of the body politic as to get beyond con trol, the remedy should be applied.”— The Harrisburg Patriot fe&ys; “The Democratic party, as well by its past history as by its present declaration, is committed to a rigid interpretation of the Constitution. Its record is antago nistic to the assumption of unwarranted and illegal powers. It calls upon all men, irrespective of party affiliations, to aid in wresting from unscrupulous rulers the trust which they have so shamefully mis applied. This question should not bo regarded as a political abstraction or as a mere party clamor. The masses should be educated in a sense of the responsi bility which weighs upon them as citi zens. Whatever may have been a man’s views in the past, it is now for him to de cide whether he will favor a limited or an absoluto government; whether he will support tho centralization or localization of its powers. Upon this issue the Demo cratic party has but one record, and can have but one course—that of devotion to local government and to the limitation of the Federal Government. Its path in the future is, therefore, plain, and its tri umph assured.”—Terre Haute Journal, 23d August, 1871. >-o-< POLITICS IN GEORGIA. From the LaG range Reporter. Tlie Way the “New Departure 77 is Going. In order to show our readers the ten dency of the “new departure,” we copied on the 4tli instant, two paragraphs, one from the Montgomery Advertiser, a Dem ocratic paper running on the slink move ment, and tho other from the Atlanta New Era, an out-and-out Radical paper. We now propose to republish them in juxta position, followed by our comments thereon at tho time: THEN UPON THIS] From the Atlanta iYew Ere. “And this is tho embod- “What then is ibis ‘Now iment of tho •beginning. Departure/ about which tho end and the middle of so much false and flatu- all that Southern Republi- lent rhetoric has been cx- caus can ask, or have ask- pended ? W<- affirm that ed/ Southern men who its whelo meaning is this.^have acted with and been that tho Democratic party of tho Republican party, makes apnblic and formal have never gone bevond declaration that it does not j this. It embodies the es- intend to maintain before once of their ‘Departure’ tho peoplo that tho XIYtli.in 18CS, and it is just and XVth amendments to where thev stand to-day.” tho Constitution are ‘rev-; olutionary, null and void,’) but that tho Democratic 1 party regards aud will! treat these amendments as valid pi>rt< of the Con stitution. This is the be ginning and end of the •New Departure!’ ” •Decisions of tlie Supreme Court. August 23. 1SS71. Columbus Iron Works vs. G. Aenchbacker, et al.— Relief Act of 1870, as affecting suits sounding in damages. LOCHK iNE, C. J. Where a motion was made to set off losses which originated daring the war against judgment, under the act of October 13th, 1870, and the Jndgc sus tained a demurrer to such motion and dismissed it on the ground that the judgment being for mean profits, arising out of a suit of ejectment, was not within the provisions of said act. Held that such judgment by tho Coart was not error. • Judgment affirmed. James Rankin, Ex’r, vs. William Dawson et al.—Re lief Act of 1870. Terms of the affidavit required. LOCHRANE, C. J. Where a motion was made to set off losses against a judgment, based on an affidavit which does not state that the judgment was founded on a debt con tracted, or cause of action made or implied before the first of June, 1865, and upon a demmrer therc’o, the Court sustained the demurrer and dismissed the motion. Hold that the judgment of the Court below was not error under the law and facts of this case. Judgment affirmed. , ■ Caroline M. Kelly, by her next friend, A. M,.*kfelly/ vs. E. B. Tate—Refusal to grantun injunction. LOCHRANE. C. J. Where the bill shows that the Act of tho Legisla ture, changing the county lines, hand placed the land in controversy within a different county from that in which tho suit was originally commenced; and the judgment obtained thereon in such county about being enforced by the eviction of the parties defendant, and the bill was filed topray the interpo sition of a Court of Equity to prevent any proceed ing under said judgment; and the Court below re fused to grant the injunction. Held that this was error. Tho Act changing the connty lines deprived the Court trying the cause of any jurisdiction in the premises; and the processes of the Coart under it ought not to have been en forced. Judgment reversed. D. S. Booker vs. E. H. Worrill—Joint contracts, plea in abatement. LOCHRANE. C. J. Where suit was instituted upon a joint note and ono of the defendants only was served, and on tho the trial, upon objection being made, plaintiff's counsel discontinued the suit as to the defendant not served; upon which tho defendant then pleaded the facts in abatement; to which plea the plaintiff filed a demurrer, which the Court sustained and then tho defendant excepted. Held that under Bection 3274 of the Code it was error in the Court to sustain the demurrer. This plea distinctly set up tho fact that tho note was a joint note; that the joint contractor, not served, lived in the jurisdiction of this Conrt and in the county where the suit was pending; and as to the form of the plea we may only say that all were tech nicalities; no pleadings have been brushed away by the sweep of enlightened progress in the adminis sion of juBtico.- Judgment reversed. E V. Kingman vs. A. Gammell—Continuance. LOCHR \NE, C. J. It i3 C-rror In tho Court below to refuse a continu ance and to force parties to a trial, upon an admis- tration in these words, “We admit and do not contest the fact that the witness, Fowler, would, if present, testify to the facts stated in the above affidavit.” Under tho Code, sec. 3472, to force a trial in the ab sence of witnesses, by admission of the proof, it is not sufficient to admit and not contest the fact that the witnesses, if present, would swear to tho facts, but the party must go further and admit the facts to be true, and not contest their truth. Judgment reversed. Jackson M. Gill vs. Mary Mizell et al.—Homestead. LOCHRANE, C. J. Two parties named, respectively, Mizell and Proc tor, entered into a partnership agreement to form; and at tho end of tho year Mizell fell in Proctor's debt, to extinguish which he makes sale to him of two mules and some stock, and the parties agree to go on in the year 18CS on the same terms as before. At the close of the year 18C8 Mizell applied to the Ordinary to have certain property aB personalty ex emption. and in his schedule included the two moles and stock—the property sold to Proctor a few days subsequent to tho application. Both parties sub mitted all the accounts and controversies between them to arbitrators, who awarded the amount of $780 due Proctor from Mizell, and found tho sale valid, but directed that if Mizell paid tie money he was to have the mules and stock back. And under such award, GUI, acting by way of receiver, sold the property; and Mrs. MizeU and her chUdren brought suit against him for the money; and upon the trial the view entertained by the Court was that this award created only a lien upon the property of Mi zeU, and that such lien was displaced by the right of the family under the exemption law to have a homestead therein; aud under his charge to that effect, tho jury found for the plaintiff. Held, under the facts of this case, the award of the arbitrators was binding and conclusive- upon all the pirties thereto, and the wife and children had no right in tho property, fonnd under such award, be longing to Proctor, without first complying with tho award and paying the amount due. Held again, that the sale of the cotton under such award did not render the party selling a trespasser or liable to an action a3 such; and inasmuch as the cotton was raised in a copartnership, and was to bo sold and the money paid over to the extinguishment of partnership debts, tho judgment of the Ordinary did not by such excmpUon change its legal status or vest any right thereto, except in compliance with the award. Judgment reversed. Henry McCauley, vs. J. J. Moses—Equitable De fenses at law. LOOK ON THIS riCTUKEl From the Montgomery Ad vertiser. LOCHRANE, C. J. ■Whereupon, a suit brought’npon a note given for the purchase money of land, the defendant set up a purchase from the plaintiff, and a man named Ad ams, who had jointly sold the land and given bond for titles, and for farther plea that said parties had no title to tho land, and tho inability of the parties to perform the contract, and to this plea a demurrer was filed. Held, That inasmuch as this was a contract for tho purchase of land, of which the party defendant was in possession, while wo may consider his plea filed at law, as we would a bill filed in equity, yet this, as a bill, docs not set np such facts as would res train in equity tho collection of the purchase money. "Where parties make contract for land and take bonds for title, and are in possession when sued for the purchase money, it requires a strong case, something showing fraud, or insolvency, or nonres idence, or something of this sort, in tho contract, that would render it inequitable to enforce it, to invoke the powers of a court of equity, whether in voked at law or in a court of equity. Judgment affirmed. Kent & Co., vs. L. T. Downing, Assignee—Bankrupt act—attachments. McKAY, J. Where there was an attachment pending in tho Superior Conrt of Muscogee county against A., who COM HUNTS OF THE HEPOUTEH. And now, reader, look upon this picture and upon that, and see if yon like the company tho Advertiser is keeping. Mr. Advertiser, how do yon like your political friend ? Do yon like his company better than ours?—LaG range lleporter. Aug. 4. POLITICS IN MISSISSIPPI. From the Forest (Miss.) Register. How it Dies. was declared a bankrupt, and an Assignee appointed under the laws of the United States. Held, That the Assignee may be made a party to tho attachment, and that it was proper on his mo tion, for the Conrt to declare the attachment dis solved by the bankruptcy, Held, further, Pending such motion, the plaintiff | may amend his attachment and bond as in other j cases. When an attachment was issued in April, 1870, and by mistake made returnable to the April • Term, 1871, instead of to the Nov. Term, 1870, but | was in fact returned to the proper term, and treated • as property returned by all parties thereto. Held, That on the mistake being made apparent ; to the Court, the attachment and bond may be : amended. Judgment reversed. There has never been an innovation of Lucy m .Thompson, vs. R. J. Moses, et ah—Bank s'* short and street a death as that of the ! ..rnpt act as affecting dower. “New Departure.” Very many set out to make it a winning card for the Democ- racy, but the people who, thank our I Paging to him was sold by the Sheriff, under a fi. Heavenly Father, are more than noliti- M ourtof this state, “E^mst the petitioner, einns V me n ui.iu pouu , -which had been previously levied upon the land, and t tans, coma not be made to sec the W1S- : the defendant in fi. fa., was aiterwards declared a dom of such a departure The first ! bankrupt, but died before the proceedings were advocates of it have, therefore, within a T ' . lmlo on or two months embraced with * the titi/oMhe'bmknip" l McKAY, J. j When one files h>3 petition to be declared bank- I rupt, and two days thereafter a tract of laud be- William L. Stapler, vs. dorsements. McKAY, J. Under section 3763, of the Code, blank endorse ments of negotiable paper may always be explained between the parties themselves, or those taking with notice of dishonor, or the actual facts of such in dorsements; and where one endorsed a ncte payable to his order, with the distinct agreement that he did so, only to pass the title and that he was not to be liable as endorser, and that the plaintiff took the pa per with full notice of the facts: Held, that the Court erred in sustaining a demur rer to a idea fully setting up this defense by the in dorser. Judgment reversed- B. F. Moore, Guardian, etc., vs. Jackson M. Gill, Administrator—Bill of Review from Marion. McKAY, J. Where, on a bill filed by an executor, for direction and for the distribution of tho assets, to which the heirs, legatees and creditors were parties, there was a former decree distributing the assets. Held, that the widow and minor children were not entitled to a bill of review on the ground that no homestead and exemption wa3 decreed to them ac cording to the Constitution and laws of the State. li they were entitled to such r. homestead at the date of the decree, they should have set it np, and if they were not, any subsequent law will net, with out express words, be held to authorize the decree to be assigned so as to let in the claim. Judgment affirmed. Laukey h Shorter vs. The Columbus Iron Works Company—Proof of Partnership. McKAY, J. * Where, upon the trial of an issue of partnership or no pa; tnershp, ono of the witnesses swore that the capital stock of a saw mill was furnished by one of the parties, and the hands to run it by the ether, who was also to superintend the work; and the prof its were to be divided equally between the two; and another witness swore that tho mill and hands were furnished by on*, and the other was employed by the first as Superintendent only, and that he bad no title with the first in the profits and losses, but was to receive one-half of the net profits for his services, and had only a common interest in the profits: Held, Under the testimony of the first witness, there was a partnership; as to third witnesses, under the iacts stated by tho second witness, there was no partnership; even as to third persons such a one ias only a common interest in tho profits, and it was error in the Court to refuse"so to charge the jury. The question of partnership, or no partnership, is a fact, and the witness may so state it, and the statement may then be explained by the witness. The objection to interrogations tha: they arc lead ing must be made when tlvy are presented to be crossed. Judgment reversed. .... Mary H. Dillard vs. Tho Manhattan I ifo Insurance Company—Payment of premiums. ■■ McKAY, J. Where a wi”e insured the life of her- husband in 1853 with a New York insurance company, and paid the annual premiums promptly, until 18C2. and then failed to pay the same nntil 18G5, when the husband died; after which, and after the close of the war, she tendered the unpaid premium, and demanded the sum insured, alleging that she was prevented by the war and the act of Congress, from paying the premiumsasthey fell due.annuailv: • Held, that the contract of tbo company for any future risk was dependent upon the paymeLl first of the premiums; and if any fi-.dure to pay them for whatever reason, could not lie remedied, by the tend* r > 2 the premiums, aff.-i- tlie death of the in sured. Judgment affirmed. Marn- tt A Co., vs. Blackman A Daudler—Statute of frauds. WARNER, J. This was an action brought by the plaintiffs against the defendants as partners, using the firm name of tho Marnett line of Bteamers, to recover for services alleged to be due them under a parol con tract. The defendants pleaded that the alleged con tract was not to be performed within one year from the making thereof. Oa the trial of. the c-se several exceptions were taken by the de fendants to the rulings of the . Court, as set forth in tho record. They also excepted to the charge of the Conrt to the Jury. That part of the charge complained, of, is . in tho following words: “If tho plaintiffs on the first of October, entered on the performance of said contract, and did not act, under said contract, then there has been a past performance of said contract and this would render it a valid contract, and entitle the plaintiffs to recover.” Held, That this charge of the Conrt was error in view of the facts contained in the record. The Conrt should have charged the Jury that, if there had been such a past performance of tho contract, on the part of the plaintiffs as would render it a fraud on them by the refusal of the defendants to comply with tho contract on their part, that would render it a valid' contract, and entitle the p’aintiffs to re cover. Held also, That there was no error in tho rulings of tho Conrt on the other exceptions specified in the record. Judgment reversed. Martha C. McCann, et al., vs Thompson C. Brown- Partition of lands. WARNER, J. This was an application to the Superior Court for partition of lot of land No. 170, in Marion connty. Tho partitioners appointed by tlierCourt to make the partition of tho land, reported to the Court that it could not be equally divided between the parties agreeably io law, and recommended a sale of the land for division. To which report of the parti tioners, the defendants filed objections in writing, alleging that said land could be equitably divided between the parties, by metes and bounds, without injury to the value thereof. Tho Court, without hearing any evidenco in regard to that question, or dered a sale of the land, on the report of the parti tioners; to which the defendant excepted. Held, That it was the legal right of the defendant to caveat the return of the partitioners, and that the Court should have heard evidence as to whether a fair and equitable division of the land could have been made by metes and bounds; and if from that evidence, offered by the parties in interest, it should b e proven to the satisfaction of the Court, that a fair and equitable division of the land by metes and bounds could not be made, then order the sale of the land. Judgment reversed. « , * * ' *, B. L. Mott vs. John L. Mustian—Amendments. WARNER, J. . It appears from the record, that a bill was filed on the 31st of December, 18C9, and the process attached thereto, required the defendant to appear on the 4th Monday of October, 1870, and was served on the defendant on the 27th of April, 1870. The com plainant moved to amend said, process, so as to make it returnable to the May term of the Court 1870, and have an alias subpoena issued returnable to said term, which motion the Conrt allowed, and refused to dismiss the bill, whereupon the defend ant excepted. Held, that under the liberal provisions of the Code, as to the amendments of pleadings and pro cesses there was no error in the Court, in allowing an amendment of the processes, and this Court will not interfere in the exercise of its discretion, in doing so in this case, and in refusing to dismiss the bill. Judgment affirmed. Edward S. Rowland, vs. W. & Ransom A Co.—Appli cation for injunction. WARNER, J. This was an application for an injunction which was refused, and complainant excepted. On hearing the allegations In complainant's bill and the affida vit of complainant’s objection thereto, this Court will not control the discretion of tlie Court below, in refusing the injunction in this case. Judgment affirmed. J. F Winter vs. H. H. Epping—Relief Act of 1S70. WARNER, J. This was an action brought to recover $500 in gold coin. On the trial of the case a motion was made by the defendants to dismiss the plaintiff’s case on the ground that tho affidavit of the payment of taxes had been filed as required by act of 1870, which motion was aRowed by the Court, and the case dismissed, whereupon the plaintiff excepted. It appears from the record that the plaintiff and defendant purchased $2,500 in gold coin, on joint account, which'was de posited with the defendant. The plaintiff claims that there is $500 of the gold so purchased on joint account due him. There is no evidence in the rec ord of any demand having been made by the plaintiff on defendant for the payment of the gold prior to Jnno 1st, 1865; and the majority of the Court are ol opinion that this is not sneh a debt, or contract, as comes within the provisions of the act of 1870. Re lieving that act to be unconstitutional and void as to contracts made and entered into before its passage, I concur in the judgment of reversal in this case, and hold that the Court below erred in dismissing the plaintiff's action on the state of facts disclosed by tho record. Judgment reversed. E. W. Seabrook, Administrator, vs. The Underwri ters’ Insurance Agency, et al.—In Equity—Fraud, WARNER, J. 'mm This was a bill filed by complainant on the 13th October, 1866. The defendants had answered tho bill when the cause was called for trial at the Novem ber Term of the Court, 1870; aud after having the bill read, the Court dismissed it for want of equitv, to which the complainant excepted. The facts are in substance as follows; Complainant had two lots of cotton at Albany, Ga., one of 50 bales, and the other of 60, which he desired to ship to Ap- palaeliicola, Mid to insure the same. On the 6th of February, 1866, Bower, tistlie agent of complainant, wrote to Rust, the agent of the Underwriters at Al bany, to please find Mr. Oliver Cromwell, who was also agent of complainant, and get particulars of how to ship his two lots of cotton to Appiiachacola—one of 50 bales and the other of 60 bales—and to insure them to Appalachicola.—“Send bills to me, and I will remit by Express; your prompt attention will much oblige, Ac.” The bill alleges that this letter was received by Rust on the 8th or 9th of February; that he looked np Cromwell in order to obtain from him the particulars of how he was to ship tne cot ton, and who wrote a letter to him to that effect, and that Cromwell would inform him that the lot of CO bales was already on board the tittle steamer Whito Rose, lying in the river in Albany, and would leave the next morning; that the lot of 50 bales would be sent by one of Rust’s boxes; that Rust made no further inquiry, apparently satisfied with the infor mation he had received, and returned to make out the insurance, as he was instructed to do bv Bower’s letter. On the 9th of February, 1866, Rust answered Bower’s letter, in which he stated, “Your favor ot the Gtli is received. Mr. Cromwell is now shipping CO bales of cotton by the steamer White Rose—now loading at this place. The other 50 bales he will not be able to get off in time for the beat. He will shin it next week.” That this letter was received by Bowers two or three days after its date—considering tt to mean that the cotton was insured. The com plainant was so informed, and all parties rested satis fied that the insurance had been effected, and that there ins nothing farther to be done by any of them. ' in things remained thus, till 19th Feb., when the steamer White Rose sank at Hell Gate, on her way to Appalachicola, and the cotton was damaged $5,600. Two or three days afterwards, Cromwell, the agent of complainant, celled on RuBt, to ar range with him the payment of the insurance, when, much to his surprise, after reflecting a little. Bust said to him that the cotton was not insured—that he had received no money to pay the insurance with, and that he was not in the habit of advancing on insurance. But the complainant alleges that this was a mere pretext and afterthought, because Bowers in his letter had requested him to send his bills for the two lots of cotton to him, and ho would remit by express; and that Rust had acted on his letter, by. hunting up.Cromwell, and in respect to the other lot of fifty I ales, which he uot only in sured, but made out all his charges, including pre mium fer insurance against Bowers, making no ob jection to the propositions of paymoct- The complainant alleges that Rust, by his con duct in the premises, induced him to believe that he had insured said cotton, and so prevented him from perfecting insurance thereon elsewhere, as there was ample time for him to have done, inasmuch as the Bteamer did not leave Albany for several days after he had their letter, and did not siuk until February 19. That in consideration of the premises, he reposed all confidence in Bast, as the agent of the Underwriters' agency; that he would insure the cotton, and that his omission and neglect to do so, was contrary to his duty, both legal and equitable, and contrary to the tru-t and confidence which complainant justly reposed in him, and is a fraud upon complainaut, for which not only he is liable, but the Underwriters also, who are hound for the caro aud fidelity of their agents,’ and responsible for his neglects and frauds in the transaction of his business. Ab a general rule of law the principal is hound for tlie care au-J fidelity of his agent, and for h.s neglect and fraud. In all cases of fraud, except fraud in the execution of a will, equity has concurrent jurisdic tion with the courts of law; Code, sec. 3115. When law and equity have concurrent jurisdiction, the conrt first taking will retain, unless a good reason can be given for the interference of equity; Code, 3040. The bill makes a prima facie case of fraud or neglect on the part of the agent of the Underwriter's Agency, in failing to effect an insurance on the cot ton, whereby the complainant has been injured, and a court of equity hiving first obtained jurisdiction, should have retained it until' the cause was heard on its merits. -lteA M f*H Held, That the Court below erred in dismissing the complainant’s bill for Want of equ-ty at the trial term thereof. Judgment reve scd. State of Georgia vs. J. J. Bradford. McKAY”, J. When a Sheriff, in his answer to a rule calling for him to show cause why he did not made the n oncy on a fi fa. issued by the Comptroller General against a defaulting Tax Collector, showed for cause that the defendant had no property on which to levy the fi. f*.; and the State traversed the return, and showed that the defendant was in posscssisn of a tract of land set apart as a homestead, Held, th.it there was no error in the Court in re- fusiDg to make tne rule absolute, as the .Sheriff ap peared to have acted in good faith; and the property was real estate and could be levied on at any time. Itwaa the duty of the Court tq have directed the Sheriff, by order, to levy on the property is or is not subject to execution issued by the Comptroller Gen eral, against a defaulting Tax Collector. LOCHRANE, C. J, concurred. -7 .- WARNER, J. dissented. ; “ Ji - 1 ' : — THE GEORGIA WESTERN RAILROAD. ally, all investigations of said books and papers, made with a view of ascertaining any and all frauds perpetrated by any parties whomsoever, in the af fairs of the Western k Atlantic Railroad.” In accepting thi® important trust, it were, perhaps, .unnecessary for us to say to you, that we do so, ainapiy as a matter of duty, believing that every honest citizen of Georgia should lend every possible aid in ferreting out tho frauds which are alleged to have been perpetrated in tho management of the Western and Atlantic Railroad, and to bring to speedy justice the criminals who have so flagrantly misappropriated the people’s money, and with the following understanding of our powers and duties, to-wit: That we simply take charge of these books and papers as custodians; that we permit such bookkeepers as may be furnish ed ns to bring up said books so as to show the balan ce s: that we expose them to the investigation of the parties now engaged, or that may hereafter en gage in the investigation of these atieged frauds, as well as others who may be entitled to see them, and that we shall in no way be responsible for the inves tigations which are being or may hereafter be con ducted We desire this understanding, for the reason that wo believe it beyond the power _ or possibility The flour and meal they produce aro earn „ best in tho land. i' ,al ‘otkc At some a railroad meeting in Cussota last s $14,000 were subscribed to any roaawW’* might pass through or come near that place t* ** also stated the county would give $60 000 000. Chattahoochee has caught the raiiroad fever * The Florida cyclone, which the Washington n. v abilities telegraphed was coming, reach.?.) 7, ‘ Friday night, in the shape of a heavy considerable and continued rain, and has kent antics ever since. The breezes howled aud 2, llj all the night and enjoyed a gay old frolic with K J rain. -ae home. The Commercial of Sunday has tho following- Yesterday morning about ten o’clock fuiir r looking men, who had evidently been hard r ! ’a ^ came into our business office aiid wanted * cc ' offered for “Ben. Wheeler, who had killedamT 11 .' 1 In yesterday morning’s Commercial wo livl lishcd the wedding notice of this same li heeler,'T of course were very much shocked to hear tha,v ‘ trous news conveyed to us by the four strangerer! transpired upon diligent inquiry that Ben Vfle “Chapfix. Hill," Douglas Co. ) August 24th, 1*71. j Ediiobs of The Sun: Pursuant to adjournment a large number of citizens assembled at this place to day to receive the reports of the various committees appointed to get; up a dinner, procure speakers, mu sic, Ac., the object cf the whole being to induce the people to take Stock in the Georgia Western Rail road. The report of the committee on the dinner was mado by inviting tho assembly to the bountiful feast which was spread beneath the broad shadows of the tree—and here, let us say, it proved a feast of good things indeed—for the ladies of Douglas county seem perfectly familiar with all the substantiates' aud nick-nacks pertaining to a woodland festival. The Committee on Speakers had made arrange ments with several gentlemen ill Atlanta to address the meeting, who failed to make their appearance.^ After the foregoing, the following resolution was moved and adopted. Resolved, That we, the undersigned citizens of Douglas county, subscribe to the Stock of the Geor gia Western Railroad—not to be valid unless tho Railroad runs through Douglas county, South of the Tallapoosa Ridge—being an amendment to a form by which to subscribe to the Stock adopted at our previ- ous meeting—which read, “unless tlie Railroad crosses the Chattanooga River below tho mouth of Sweet-Water," Ac. After which, Capt. T. W. Latham, of Fajrbum, Ga., was called for, and responded in an able and forcible manner. Next, T. J. Flake, of the Engineer Corps, addressed the meeting, and proved conclusively to every man that he should take Stock in tho Georgia Western Railroad—and wo would here state that the Directors could not have employed a more efficient man, com' bining, as he does, great energy with a thorough knowledge of his business. The meeting adjourned, sine die. Z. A. Bice, President. A. S. Gobman, Secretary, pro tern. - Public Meeting and Barbecue at Chapel JEIili. of any committee to investigate the adininistra- and E. D. Kean, in company with a yomtg man rT ICr tion of the Western aud Atlantic Railroad under ] ed Lamar, were riding along near Whitehall, DeKaih Mr. Blodgett, without tho power to send for persons and papers, and to forco all parties to account who have been connected with the Railroad in any capacity whatever, or who may have had any business transactions with it during taid adminis tration. This power, as we beliove, can only be con ferred by the Legislature; hence, we understand, tha L , we do not enter upon this duty as an investiga ting committee, but simply as custodians of tho books and papers, and to aliow, under our supervis ion, the bringing np of said books so as to show the balances. With considerations of personal regard, we remain. very respectfully, yours, C. L. Red-wine, C. C. Hammock, E. E. Rawson. Atlanta, Ga., August 29,1871. Judge C.' C. Ham mocje, Dr. C. L. Jiedu ine E. E. liaicson: Gentlemen—I herewith signify my willingness lo accept the disposition of the books and papers of tlie W. A A. R. R-. as per agreement, in correspondence, between Colonel Farrow and myself, now in your hands, upon the surrender to me of my priva e pa pers, which was given to you on Saturday last with the belief that the books, are now in safe hands. I am, with great respect, Chas. P. McG'aixa, , ■ GuneralBookkeepcr, Pr. Z. B. Haegbove, Attorney. There can be no impropriety in permitting Mr. McCalla, to withdraw any of his private papers, which may be found among the papers of the W. A. A.. B. K., but I suggest that all papers found in the roomB and desks of tha W. A A. R. B., should be presumed to be papers thereunto appertaining and belonging until the contrary ap pears by investigation under your eyo H. P. Faeeow, Attorney, . W. A A. K. R. To Messrs. Redwine, Hammock and Rawson. believe). Lamar was carrying a double barmuli shotgun, the property of Wheeler; and whrn.v dispute became a tittle hot, Wheeler iu-nnouT,*- ! his horse, jerked the gun off Lamar’s shoulder™! shot Kean, putting ten buckshot in his side anrivm ing him instantly. All of this information was ™ ceived from Lamar who, when the shot was put spurs to his horse and carried the news “ school house, whence a crowd hurried to the sc™ cf disaster. It was found there lhat Kean’s hn 1 had been moved fully sixty yards from where it fen’' and his horse, a very wild colt, tied near him ler had fled from the scene aud has not been Co of since. The brothers of tho deceased declare SI tho matter is full of mystery. They cannot cxnl». ? ? how it was that Kean’s horse, which was verv wiM did not run off when Kean fell from him and n.; th8r how tho horse loafed around the scene whiri Wheeler was moving Kean’s body. They argue from th so circumstances, that Wheeler must have h»s company after Kean was killed. We cannot give opinion in the matter. Wheeler is finely conneelia aud has a good reputation. u GEORGIA NEWS. FAT KITE COUNTY. ~ The Fairburn Sentinel has the following para graph : We learn fhat a negro man attempted an outrage upon a young lady of respectability last Sun day in Fayette county, near Concord Church. The intended victim was about twelve or fourteen years old. Fortunately she escaped from the grasp of the terrible monster with some slight bruises. The whole community started in determined persmt of the demon. A posse passed through here last Mon day morning about 4 o’clock in pursuit. Wo hear that they have Been him several times and will prob- hbly succeed in arresting him. _ ; , BABTOW COUNTY. Cartersville Erprcss-es the following ;iterns on tho « .. 1 r - f r. : Mr. B. Scofield, was badly hurt on Friday last, Joy tho falling of a scaffold, upon which he was slanding, trying to hang a large iron door, which he had made for tho new jail. The regular night passengc-r train from Atlanta, bound for Chattanooga, on Saturday night last, was delayed at this place several hours, by a freight train running off above Cass Station. The Old Bartow Iron Works, between this place and Allatoona, is beginning to assume tho appear ance of a country village. Quite a number of new houses have gone up for the employees, and work men aro now engaged on tho shed which covers in the furnace. It will not be a great while before these works will be in full blast. W. J. McCarson, of Pine Log, bas succeeded in capturing three of tho prisoners who broke Jail on Wednesday night last. He overtook them in Gor don county, on the road-side, asleep, end it is useless to add that ho ‘disturbed their morning slumber.’— Johnson, Fulton and Carson, aro tho three Mac caught. GBIFFIN. The following twinklings are from the Star cf the 29 th: We learn from some of our best farmers that a large amount of fodder has been destroyed by the recent telegrams, Supreme Conrt Proceedings in Honor of Judge Kcsbit. Yesterday, after, the delivery of opinions, the Court announced that at 3 o’clock the Report of the Coramitee appointed at tho last term to draft rcsolu tions on the death of Hon Eugenius A.Nesbit would he received. The Hon. Washington Poe, Chairman of tho Committee, submitted tho Report; it being in substanco tho same that was presented by the Hon. Clifford Anderson, Chairman, to a meeting of the Bar of Marion in commemoration of the same event. The Report was very full—alluding to the private and public life of the deceased. Born in Green county, Georgia, A. D. 1S03—received his acadtmic course under Bev. Dr. Cumming, in the town of Greensboro—entered the University of South Caro lina at Columbia, in 1814—soon after transferred to the University of Georgia, when he was graduated. He prosecuted his legal stddies at Litchfield Law School in 1825, returned lo Georgia and and located in the town of Madison and engaged in the practice of his profession. Soonafter he was married to Miss Battle of Wilkes county. While yet a young man he was chosen to repre sent his county in the General Assembly. : In 1837 ho removed to the city of Macon. In 1839 he was elected as a member from the State at largo to tho Congress of the United States. In 1841 he resigned on account of his private affairs. In 1845 ho was elected one of tho Judges of tho Supreme Court, which position he held for eight years. Through out his lorg, honored and useful life, the higher claims upon his services were not neglected—he was long a ruling Elder and died within the communion of the Presbyterian Church. Eulogies were pronouuced by the Hon. Washing ton Poe and Hon. James Jackson, from the Commit tee, upon tho life and public services of the deceased, which wore appropriately responded to by Judge Warner, the early compeer of the deceased in the Halls of-Legislation and on the Bench. Chief Justice Lochrane, in behalf of the Court, re sponded In a beautiful aud touching allusion to tho character of the deceased, as an eminent jurist, un right statesman and devout Christian, and ordered that a copy of the resolutions be entired upon thd* minutes of the Court, and printed in the reports, and that the Court stand adjourned till 10 o'clock - *, m. to-morrow. London, August 29.—Advices from Zanzibar report Dr. Livingston slowly making Ms -way homeward. J Petroleum exploding burned a vessel and killed two persons. Since the annexation of Strasbourg 26,000 inhabitants have left for France and America. Berlin, August 29.—Three hundred and twenty-nine deaths occurred in Koenigsbnrg during the week, endin'* the 25th, including 127 children. There • have been no deaths at Dantzig durin" the last two days. Memphis, August 29.—J. "W. S. Brown, a pressman, killed J. Theodore Adams for refusing to marry his seduced daugh ter.^ Adams lost a leg at Petersburg. ° Evansville, August 29.—A white man and a black man, charged with having committed a rape, were taken from the jail at Morganfield, Kentucky, and hanged. Long Branch, August 29.—Major Gonl and Captain Watson, of the Second Bat talion of the Massachusetts (colored) Volunteers, sought and were refused ad mittance to the Grand Military and Civic Ball at the Continental Hotel. There were 4.000 whites present. The full Ninth Regiment Band, 100 instruments, famished the music. Louisville, August 29.—Several hun dred negroes collected around the Dan ville jail to protect a prisoner, charged with arson, from the Ku Klux. They panicked during the night and rushed into the streets and fired about a hun dred shots, wounding several of them selves. Mobile, August 29.—Thirty-five dead bodies have been recovered, and it is feared that many more aro under the wreck. rains. J Willis C. Merriwetbei’ is among the A camp meetmg commences on next Thursday, at dead. Warm Springs camp ground, Meriwether county. The excursionists were mostly working Dr. A. H. Hatton killed a gray eagle on ltis planta- n pnnlp with tlieiv families nn. near town, last week, measnrincr five feet ten I P e0 P le « luen iammes. The Postmaster-General furnishes the following routes on which contractors have defaulted: Alabama,81 routes; Texas, 45; Arkansas, 50; Louisiana, 12, and sev eral in Virginia, West Virginia, North Carolina, Florida, Georgia and Mississip pi. From January, 1872, to June, 1875, bidders will bo required to forward certi fied checks, with their bids, for five per cent of their several bids on all amounts over $5,000. Certificates of Postmasters will be required in thirty-eight of the more important routes to insure consid eration. Postmasters designating the in structions of the Department regarding certificates, will be subject to immediate removal. The census office furnishes the follow ing statistics of homicides for the year ending May 1870: | Alabama,. 100; Arkansas, 16; Ai’izona, 44; California, 45; Colorado; Connecti cut, 16; Delaware, 4; Dakota, 4; Dist. of Columbia, 13; Florida, 44; Georgia, 116; Idaho, 2; Indiana, 32; Iowa, 24; Kansas, 42; Kentucky, 72; Louisiana, 128; Maine, 7; Maryland, 20; Massachusetts, 22; Michigan, 11; Minnesota, 5; Mississippi, 89; Missouri, 94; Montana, 37; Nebras ka, 9; Nevada, 19; New Hampshire, 1; New Mexico, 54; New Jersey. 5; New York, 70; Ohio, 61; Oregon, 5; Pennsyl vania, 55; Rhode Island, 5; South Caroli na, 37; Tennessee, 117; Texas, 323; Utah, 1; Vermont, 0: Virginia, 73; West Vir ginia, 9; Wisconsin, 16; Wyoming, 13. The,above includes 160 killed by the In dians. F. H. Smith, 28 Broad street, has paid a forged check for $50,000, in gold, to one A. B. Van Sana. Both Van Sana and the money have disappeared. The National Bink of Newark, N. J. I w has been robbed of $4,000 in fractional S s ^ren edaytll -^* weie dragging currenev, by a colored woman who sweeps tne river ana firing cannon over it to recover tho , J body, tint their efforts were fruitless. | tlie ullice. The election in West Virginia resulted in favor of a convention by 1,260 ma- tion, near town, last week, measuring five feet ten inches from tip to tip. The City Council have appointed Aldermsn Cun ningham and Johnson delegates, and Alderman George and J. H. Johnson, Esq., alternates, to the Commercial Convention which meets at Baltimore on the 25th of September. On Wednesday, notwithstanding the continuous rain, some one thousand people of all colors, ages and sexes, met in Greenville to attend the big barbecue. Addresses were made by Cols. Henry R. Harris, J. C. Kimball, Major Allen, of Columbus, and Col. Mobley, of Hamilton. Great enthusiasm was manifested, and the people are very hopeful of having a railroad running through their county before many months. About GO.OOO ha3 been subscribed, and they think they will raise $100,000 without any trouble. From the Middle Georgian of the aame date coma tho following paragraphs : Our fellow-citizen. Judge A. M. Speer, leaves to day for Europe, whither he goes to attend certain important business, the nature of which wc know not. This section of the country was visited by a regu lar cyclone last- Friday night, between 2 aud 3 o’clock. Trees were twistea out of their places, fences blown down, and much other damage done. The rain continued all day Saturday and part of Sunday. BRUNSWICK. The following item is from tho Seaport Appeal: : Mr. Thomas W. Dunn, of this place, who has been foreman of the bridge gang on tho Brunswick & Al bany Railroad, died very suddenly on the night of the 24th instant at Alapaha, on the Brunswick Rail road. MACON. ‘The Telegraph of Sunday, just to hand, has the fol lowing : We mentioned in yesterday’s paper that little Willie Harris, grandson of Maj. B. F. Dense, of the Plant er’s Hotel, was lost; hut the conviction now is, that he was drowned on Friday afternoon, in the river near the Central Park. It appears that Willie went down to the Park on that day, with three other boys, named Frea. Riechert, Joe. Conner, and Frank Daly, all under 12 years of age. These three tell somewhat different tales in regard to their unfortunate little playmate. Joe Conner, however, told his mother at a late hour in the night, that Willie was drowned in an effort to get a long switch from a water willow on tho river bank, and that as he (Joe) had been threat ened with a whipping if he went down to the river, he was afraid to tell her before, but that he could not keep silent any longer and could not sleep. The in formation was immediately sent to the hotel, and al daylight yesterday a party of men with drags repair ed to the spot where it wa3 said the little boy was To the Public. , „ . Atlanta, Ga., August 29, 1871. The following correspondence explains iteelf. All citizens wishing access to the bookB aud papers of the Western & Atlantic Railroad will call at thS Rooms of the office of the Attorney General, in the Capitol Building. Henby P. Fabbow, Attorney Western & Atlantic R. li.* This note of Col. Farrow was intended to precede tho 'correspondence between bim and Maj. Calla which wo published Monday morning, with what ap pears above to follow—30 that all might appear to gether. Want of space prevents us from publishing the whole Ed. Sun. Atlanta, Ga , Aug. 28,1871. Hon. Henry P. Farrow, Attorney W. & A. R. R. Dear Sir: We have read the correspondence between j oursed aud Mr. Chas. P. McCaUa.GeneralRooiKeep- er of the Western t Atlantic Railroad, as published in the city papers of Sunday morning, in which you to turn over all the books and papers of the H.4A. Railroad to ourselves; and also your note requesting that we will accept said books and papers, and that we shall “supervise, personally, the bringing up of all the books, and supervise, persou- Qn yesterday afternoon tire train from Atlanta brought to this city Mrs. AnniT H. Snead, wife No. 1, of Col. J. T. Snead, of Armory Jactory notoriety, vent) was arrested some time ago in this city on a charge of bigamy, in that he had married a Miss Myrick, of Baldwin county, when he had a wife liv- In'g in the city of New Y'ork. Mrs. Snead passed through the city last night on her way to Milledge- ville to appear as a witness against her recreant hus band, who will bo tried this week before the Supe rior Court of Baldwin county. We learned from her that she waD married to Snead at Liberty, Bedford county, Va., on the 31st of May, 1861, in the hotc-1 of that town, kept at tho time by Col. W. C. Hewitt, now proprietor of the Globe Hotel, of Augufta. years, when, being reduced to indigent circumstau- | ces, Sfrs. Snead sought to earn a livelihood with her needle, and Snead began to wander off and engage in various schemes to better his condition—among oth ers that of the Armory Factory in this city. When out of New York, he kept up a regular correspon dence with his wife, and no unpleasant feelings ex isted between them, nor did he cease lo correspond with her until some time last spring, when he wrote to her requesting her not to write to him again. Sho replied to this last letter, hut it was returned to her unopened, and soon afterwards she heard that he was married again. Mrs. S. still cherishes the affec tion of a wife lor him, and it is with feelings of an guish aud mortificati on that she has been compelled to appear against him, though a sense of womanly pride and indignation assures her that he deserves punishment. . qoLuinscs. The Sun of tho 27th, sheds the following r»is6 : Those who have funds state there was less demand for money in Columbus '.he past summer than any previous one, and that what was loaned commanded less rates than any preceding period. The three flouring and grist mills in Columbus annually consumes about 100,000 bushels of corn. jority. Indian troubles south of California are serious. A general uprising of the In dians is apprehended. Bennet, Knickerbocker Sc Co.’s flour ing mills, Jackson, Michigan, have been burned. Loss $100,000. The Paris crew have definitely with drew from the four-oar race, but will Col. Hewitt, Bhe says, witnessed the ceremony.” The challenge the winner for a race in smooth couple lived happily together for seven or eight ^ r West India vesseb, for Madrid, aro quarantined to prevent the introduction of the yellow fever. Dr. A. G. Thomas, late of Georgiy has been elected Professor of Greek w the North Christian University, at diauapolis. P.\Krs, August 29.—The Journal Des Debats deplores DeFoures’ amendment expressing confidence in Thiers. La Siecle says Thiers is opposed^ to the wording of the bill prolonging liis pen* er, and will oppose it. The Deputies of the extreme Right, and Left Center have held a meet ing to determine their future course. The Prussians will probably eva<j9* tl7 the forts near Paris on the loth of ternber.