Newspaper Page Text
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DECISIONS
September 19, 1871.
rrf orce A. Worthy vs. Horatio G. Tate-
Equi^ble defense of tenant against
(QCEBANE, c. j.
b^ero a bill in equity was filed by
' w or thy, alleging that she purchased
^ i H G. Tate the premises in dispute,
a n7,t having great confidence in him,
b id given him the deed and tax re-
£ ints thereto, at his request, which, on
f rrenuest to return, he said he had
and the prayer of the bill was
JJ2£ P iid deed and receipts to be re-
nrncd and to enjoin proceedings to
‘“tA her ns tenant of Tate, the former
ffner under the provisions of the Code,
°Iainst tenant’s holding over; and she
nrther presented her inability to give
iebond under the section of the Code
^miring the aame, to arrest the proceed-
X -a- and the bill was demurred to and a
motion made to dismiss it, on the ground
she had a complete remedy at law
and for want of equity, and the motion
was sustained:
Held, That under the facts presented
bv the bill,this was error. There was equity
in the bill ns against Tate, because she
rayed for the delivery of the deed and
tax receipts and the provision for a de
fense by counter affidavit and bond un
der the 4007th section of the Code was
not ample and complete, and the facts
disclose such a condition of alleged fraud
and injustice as invokes the interposition
of equity.
judgment reversed.
the atlanta weekly sun-
J. Hollingsworth vs. J. B. Tanner—Dis
charge of Surety.
LOCHBANE, C. J.
Where, upon a bill filed to enjoin the
execution of certain fi. fa.’s obtained
against A, os principal, and B, as surety,
iinon the ground that the owner of tlie
fi. fa.’s had made a contract with
xC by which he owed him an
amount equal to the judgment,
and which ho paid him, to the
wrong of the surety, by which the surety
flmtna to be discharged; and upon the
bearing the holder of the fi. fa., by his
answer, showed that he was the owner
thereof, and that during the wav he had
employed the principal defendant to
carry off his negroes out of the reach of
the Federal army, and had paid him
therefor at the time in old issue of Con
federate money, and that defendant’s
family was destitute and needed the
money for their support; and that there
was no collusion or fraud between him
and defendant in fi. fa., and the court re
fused the injunction:
Held, That this court will not inter
fere with the discretion of the judge be
low iu refusing an injunction under the
tacts in this case; and that the employ
ment and payment of the principal de
fendant-, as stated, did not discharge the
duty from liability on the judgment.
Judgment affirmed.
Thomas S. Powell vs. Jesse Boring. Bes
adjudicate) Belief Act of 1868.
LOCHRANE, C. J.
Where a party, upon motion to open a
judgment under the relief act of 1868,
which was dismissed by the court, fails to
bring up iu the record of this court the
original record of the judgment moved
to be dismissed:
Held, That, inasmuch as the party al
leging error must show affirmatively the
existence of the error complained of,
this court will presume, in the absence
of such record and judgment, everything
in favor of the judgment and dismiss the
action.
Held, again: When it appears from the
statement of the facts set out in the mo
tion that the defence to the original suit
involved the same issues now involved
and presented in the motion, this court
will nol set aside the judgment of dis
missal.
Held, -again, That all motions under
the relief acts to open judgments must be
confined to the legal equities authorized
to bo pleaded by said acts, and new mat
ters of defence not embraced in the law
are insufficient to predicate such motion
upon.
Judgment affirmed.
P. L. Mynatt for plaintiff; A. W.
Hammond & Son for defendant.
C. B. Welborn vs. Warren Aiken—Belief
Act of 1870.
charge as a bankrupt, is illegal and void,
and no action can be sustained upon such
promise.
Judgment reversed.
Dorsey & Buchanan for plaintiff,
Tidwell, Fears & Arnold for defendant.
Sparks & Tye vs. David Bnrgheim—No
tice of certiorari.
MrKAY, J.
Section 3987 of the revised code, re
quiring the plaintiff in ceriiorari to give
written notice to the opposite party in
interest, of the sanction of the writ and
also the time and place of hearing, at
least ten days before the sitting of the
Court to which the same is returnable,
applies to certioraries from the J. P.’s
Court, and is still of force under the Con
stitution of 1868.
Judgment affirmed.
Mynatt & Dell for plaintiff.
Jno. Milledge, Jr., for defendant.
Wm. Beed vs. Jesse McClendon—Action
on the case for damages.
McKAY, J.
This was an action on the case
for damages alleged to have been
suffered in consequence of the
seizure of cotton in 1865 or 1866, b
United States Treasury officers, whicl
seizure was caused by the affidavit made
by defendant, to the effect that plaintiff
had subscribed to the Confederate cot
ton loan, fifty bales of cotton, but had
not paid the same; which affidavit it was
alleged was not true. On the trial there
was proof that the defendant made the
affidavit; and that though plaintiff had
subscribed, he had fully paid up his sub
scription. There was farther proof that
the Treasury’s agents had seized the cot
ton, and that the proceeds thereof had
gone into the United States Treasury;
and that plaintiff, thonghjhe had tried,
had failed, as yet, to recover the same,
that defendant, who was sub-agent of
the Confederate States, for the collection
of this cotton, had some reason to be
lieve, and did in fact believe, that plaint
iff had never paid his loan to the Con
federacy. The Court was asked to
charge that if the plaintiff’s cotton was
thus taken, in consequence of the affida
vit made by defendant, and said affi
davit was not tru9, that he was liable for
plaintiff’s damages, [£nd that the measure
of damage was the value of the cotton.
This charge the Court refused to give,
but charged that if the defendant acted
in-good faith and made the affidavit on
proper demand of the United States au
thorities, honestly believing that'he was
telling the truth, and has acted with
proper caution and prudence on his part,
that he would not be liable, even though
he was mistaken.
Held, That there was no material error
in the charge, and the jury having
Laird, who was acting as the agent of
the company, to obtain policies of insu-
sur&nce, told the deceased that it would
make no difference if the premiums were
nqt paid regularly to the day; so the
money was paid a short lime after the
day, if paid as soon as convenient after
wards. On objection being made, this
evidence was rejected by the Court,
and the plaintiff excepted. There
was no error in the Court in
ruling out this evidence. It is a
well settled principle of law that parol
declarations cannot be received to vary
or contradict the terms of of a written
contract. All that was said between the
contracting parties in relation to the
terms and stipulations of the contract is
presumed to have been merged into the
written contract, which is the highest
and best evidence of the contract between
the parties, in the absence of any evi
dence as to fraud, accident or mis
take, at the time of its execution, de
livery and acceptance by the contracting
parties, and the same may be said of the
entire evidence of Mrs. Sullivan, which
was ruled out by the court.
As to the evidence of the custom of
the company to receive premiums after
the day of iiayment had expired, from
living persons who have insured: Ad
mitting that such a custom was proven,
still there was no evidence that it was the
custom of the company to receive a pay
ment of premiums after the day of pay
ment, when the company had notice that
the insured was dead, if the same had
been tendered, which Mas not done in
this case.
After a eareful examination oj the facts
of this case and the law applicable there
to, we are of opinion there was no error
in the court below in granting a non-suit.
It was said on the argument that this
is a hard case on the widow’s children of
the insured, and we feel it to be so; but
as the company insists upon its strict
legal rights under the contract, it is our
duty to administer the law applicable
thereto, and we therefore affirm the
judgment of the court below.
Judgment affirmed.
Harrison Hamrick vs. David Darnell.—
Forcible entry and detainer.
WARNER, J.
This case came before the court be
low on a certiorari from a justice of the
peace’s court, alleging certain errors to
have been committed on the trial of
a case of forcible entty and detainer, un
der the provisions of the Code. On the
hearing of the ceriiorari, both parties ex
cepted to the rulings of the Court. The
Court below decided that the Constitu
tion of 1868 having recognized and
adopted the code, called -‘Irwin’s Code,”
did not destroy or abolish the right to
found, under the charge of the Court, I Slie out, and the practice of, Forcible
for the defendant, it was not error in the Entry and^ Detainer, ris heretofore prac-
LOOHRANE, C. J.
Where it appears from the record that
A sued W upon a promissory note, dated
in 1868, and that W had filed his plea
under oath that it was given in renewal
of a contract made before 1st of June,
1865, and the Court called the case out
of its order on the docket, under a rule
that the Court would first dispose of bns
iness that did not require a jury, and
against the objection of W, heard argu
ment on the plea, and dismissed it, on
tlie ground that the act of 1870 was un
constitutional:
Held, That the Court erred in dis
missing the plea upon this ground. The
law of 1870 is not ex posl facto, for such
apply only to criminal cases. Tho re
quirement that the taxes have been paid
does not render it unconstitutional. If
no tax was due, the law imposes none.
Acts of the Legislature are presumed to
ho constitutional, and Courts will not
declare them void, except in clear and
urgent Jcases. It does not impair the
obligation of contracts, for tho law does
not change or modify a single word of
the contract.
. Where, on a motion to sot .aside a
judgment, it appeared that tho note was
given in settlement of a note, and was
not within tho provisions of -tho act of
1870; while we hold tho Court erred in
striking defendant’s plea, still, as there
Was no injury jdone the defendant, and
under the charge of the Court, the jury
ttould find against the defendant, wo
uflirm tho judgment of the Court upon
this ground.
Judgment affirmed.
, Warner, J. concurring on the ground
tnat the act of 1870 was unconstitu
tional.
Olin Wilson & A. W. Hammond & Son
for plaintiff.
Hill & Candler for defendant.
James M. Austin vs. Wm.
Motion to reinstate
contracts.
ilcKAY, J.
A motion to reinstate a case made at a
term subsequent to that at which the
1'ulgmentof dismissal was had, stands
?* the footing of a motion for a new
“ial and requires the same excuses for
delay.
A promise to pay a debt due by an ap
plicant to be declared a bankrupt, in
consideration that tho payee will with
draw his objections to the other’s dis-
Court to refuse a new trial.
Judgment affirmed.
Cornelius Van Arsdale, vs. Cathleen O.
Joiner—Trover. Title to pawn.
McKAY, J.
In an action of Trover for
watch, it appeared that
the true owner of the watch was the
plaintiff, a married woman, that her hus
band had pawned it to secure an advance
of 150. That at tlie time of the pledge,
the husband had waived in writing his
right to the thirty days’ notice, &c., as
required by section 2112 of the Code, be
fore the sale, in case the defendant was
not paid; and that the pawnee, on failure
of pawnor to pay the loan, had sold the
watch by an auctioneer, and that the
defendant was the highest bidder, was
now in possession and had refused to de
liver it on demand. There was evidence
that the wife had authorized the husband
to raise the money on the watch. The
Court charged that even if the wife had
authorized the husband to raise money
on the watch, this would not authorize
him to waine the provisions of the law as
to notice, and that her title would not be
divested unless she had received due and
legal notice, and that the measure of
damages was the value of the watch, and
refused to charge that if thehusband had
authority to raise the money, the wife
oould|not recover:
Held, That the mere authority to raise
money on the watch did not authorize the
husband to consent to the sale, except
after due notice to the owner.
2d, The title of the plaintiff was not
divested, by the sale without notice.
3d. That the plaintiff could recover,
without paying the money borrowed.
4th, That the purchaser had acquired
by his purchase all the rights of the paw
nee, and was entitled to reduce the dam
ages by the amount advanced by the
pawnee upon the watch.
5th, That as there was evidence offered
on the question as to the authority of the
husband to pledge the watch, it wa the
right of defendant to have the law charg
ed to the jury in both aspects of the case,
and as the Court charged the jury, the
measure of damages was the value of the
watch, this was error, and the Court
erred in refusing to grant a new trial.
Judgment reversed.
Hillyer & Bro. for plaintiffs.
Collyer & Hoyt for defendants.
Elizabeth L. Sullivan vs. The Cotton
States Life Insurance Company—Parol
evidence to vary a written contract.
WARNER, J. '
This was an action on a life insurance
policy, dated October 25, 1869, by which
the defendant contracted to insure the
plaintiff, and her husband, on the terms
and stipulations therein contained, in
the sum of §1,000, during the continu
ance of their natural lives. The plaintiff
alleges that her husband died on the 7th
May, 1870. The defendant pleaded the
non-payment of the premium due on the
policy, on the 25th of April, prior to his
death, as required by the policy, which
is as follows: “That an annual premium
of $58.04 be paid on or before the 25th
of October in each and every year, from
the date, or during the continuance of
this policy, which annual premium is to
be paid in the manner following: an an
nual loan of $29, or a cash semi-annual
payment of $14.81, to be paid on the
25tli day of October, and April: Provi
ded, always, and this policy is issued by
ticed’in this State. Upon these points
we affirm the judgment. It does not ap
pearj in the record how the jury were
drawn for the trial of the case, but it does
appear that no particular juror was ob
jected to on the ground that he' was
not an upright and intelligent juror. The
Court below decided that as there was no
evidence going to show how the jury was
selected and summoned and empaneled,
the legal presumption was that they were
legally summoned, selected and empan
eled. Inasmuch as the act of 1869 re
lates exclusively to the selection of jurors
for the Superior Court, and as the Gen
eral Assembly have not provided by law
for ihe selection of jurors for the trial of
cases of Forcible Entry and Detainer,
the jury may be selected under the law,
as provided by the code for that pnrpose,
so they are upright and intelligent per
sons—which is not inconsistent with the
Constitution of 1868, and we affirm the
judgment upon this point of the case.
The Court also decided that there was
not sufficient evidence, under the law,
to have authorized the jury to find a ver
dict for either a forcible entry or a forci
ble detainer of the land by the defend
ant, Darnell, as against the plaintiff,
Hamrick. In looking through the evi
dence, we think ihere was sufficient evi
dence to authorize the jury to find
Markham—
case. Illegal
this company, and accepted by the in
sured, on the following expressed condi
tions: and first, if the premiums due on
this policy shall not be paid at the times
above mentioned, then this policy shall
terminate and be void and of no effect”
Such is the expressed condition of the
contract in relation to the non-payment
of premiums stipulated to be paid, in the
policy. On the trial of the case it war
not pretended that the semi-annual pre
mium which had become due on the 25th
of April, 1870, had been paid, or offered
to be paid, by the insured, to the com-
pany or his agents. But the plaintiff
offered evidence to prove that prior to
the execution and delivery of the policy.
verdict under the law for a forcible entry,
and if the jury had so found, the Court
below should not have, set aside their
verdict, but the jury found a verdict for
forcible detainer only, and thereby nega
tive the fact that the entry was forcible
and without authority of law, and this
Court cannot now assume that it was so,
as there is sufficient evidence to sustain
tlie verdict, which was conflicting upon
that point and of which the jury, accord
ing to the repeated rulings of this Court,
were the proper judges.
Does the evidence in. the record show
that the detainer of the possession of the
land by the the defendant was forcible ?
The only evidence upon that point is,
that the agent of plaintiff notified the
defendant to quit the land, and the de
fendant replied that he should not do so.
that there was no violent word or act oh
the part of the defendant, or any threat
or .offer to do either, in keeping posses
sion of the land; that the defendant had
moved one of the houses on the land.
Forcible detainer is the violently keeping
possession of the lands and tenements
with menaces, force and arms, and with
out authority of law. Code, 4452. The
verdict of the jury rebuts the allegation
that the entry of defendant on the land
was forcible and without authority of law
and there is no evidence that the detain
er was forcible within the true intent and
meaning of the law applicable to such
cases. The mere defending a suit at law
for the possession of the land by the do
fendant did not amount to a forcible de
tainer, as the Justice charged the jury on
the trial.
There was no error in the Conrt below
in sustaining the certiorari and setting
aside the verdict, and we affirm the judg
ment of the Court below on that point
but instead of awarding a final judgment
in the case, we direct that a new trial be
had of the whole case before another
jury.
Judgment affirmed and a new trial or
dered.
S. T. W. Minor vs. H. Y. Clark et aL—
Specific performance.
WARNER, J.
This was a bill for specific performance
of a contract in relation to land. The
defendant alleges that the whole of the
land was the property of L. B. Clark at
the time of his death, who died, leavin_
a will, by which he appointed his wife
and one Dailey executrix and executor
thereof; that in the year 1S65 the ex- {
ecutors and legatees under said will, en-1
tered into an agreement to divide the
his paying to the other parties the sum
of $1,500 in Confederate money. That
afterwards, on the 28th March, 1864,
Austin executes his obligation to com
plainants for the sum of $5,000 in Con
federate money, or $100 in gold, which
was to be discharged by making him or
his heirs a title to lot No. 184, drawn by
Austin, as a part of the estate of the de
ceased testator. It also appears from the
complainant’s bill, that this tract of land
was sold by the executors, by virtue of
an order of the Court of Ordinary, at
public outcry, on the first Tuesday in
January, 1866, for the sum of $1,150,
and purchased by Hiram Clark, one of
the legatees, who has since sold it to oth
er parties, who had notice of complain
ant’s claim. There ij no allegation in the
bill, that at the time of the alleged di
vision of testator’s estate, there were
any debts due by testator, or that all the
legatees were of full age; bat, on the
contrary, it appears on the face of the
bill, that one of them was a minor. The
prayer of the bill is that the defendants
may be decreed to execute a title to com
plainant for lc5t No. 184, ho offering to
pay the value of the $1,500 due by Aus
tin in Confederate money, in February,
1865, at the time of the division of the
estate. To this bill defendants de
murred for want of equity. The Court
sustained the demurrer and dismissed it,
whereupon the complainant excepted.
Held, That there was no error in sus
taining the demurrer for want of Equity,
and dismissing the same.
Judgment affirmed.
Nancy Waddailvs. Austin and Holliday.
—Action on a contract for the pur
chase of a kiln of brick.
WARNER, J.
On the trial, the main question was,
whether the bricks were sold at $6 per
thousand, at kiln account, or at that price
per thousand, as the same were delivered
to defendant. On this point the evidence
was contradictory. The jury found a ver
dict for plaintiffs. It also appears that
after the commencement of the suit the
plaintiffs had been declared bankrupts.
A motion was made for a new trial, on
the ground that the Conrt erred in say
ing to tlie jury that if they found for
plaintiffs, they Bhonld find their verdict
in the name of the plaintiffs, for the use
of their assignee in bankruptcy, and sug
gested to. them the form of their verdict.
We find no error in the ruling of the
Court on this point. The verdict and
judgment will be a sufficient protection
to the defendant, and it was no matter of
concern to her who got the money, if she
owed it. Besides, it does not affirma
tively appear that her legal rights were
in any manner injured by this ruling of
the. Court as to the form of the verdict.
It appears that evidence was admitted
on the trial without objection; that the
defendant had sold the bricks at a
higher price than she paid for them
After the charge to the jury, the defen
dant’s counsel orally requested the Court
to charge them; that a salejof the bricks
at a higher price than the defendant paid
for them could not influence them in
finding a verdict, which request the Court
refused. It is not by any means certain
that it would have been proper for the
Court to have expressed an opinion in
regard to the evidence admitted before
the jury without objection; that it could
not influence their verdict. If the de
fendant had desired to have got rid of
that evidence before the jury, the proper
manner to do so would have been to move
the Court to rule it out when it was given
in, and not to have admitted it without
objection, and then request the Court to
charge the jury that they could not con
sider that evidence. For if the charge
had been given as requested, and the
jury had found a verdict for the defen
dant, the plaintiff might have complain-
ed*that the Court had invaded the pro
visions of the jury by instructing them
not to consider evidence which was be
fore them without objection. The Court
was bound to consider the rights of
the plaintiffs as well as those of
the defendant,' in charging the jury
in relation to evidences before them.—
But the charge of the Court, as given to
the jury, excluded from their considera
tion any other price for the bricks than
the contract price. The Court chaiged
the jury “If it should appear to you
from the testimony that the plaintiff sold
and agreed to deliver to defendant a kiln
of brick, to be taken at kiln account,
and at a specific price a thousand, then
plaintiffs would be entitled to recover, if
the brick were delivered, whatever the
bricks amounted to at kiln count, at the
contract price. If the testimony should
satisfy you that the plaintiffs sold and
agreed to deliver to defendant brick at an
agreed price per thousand, and that on
that contract they delivered brick, then
you will find for plaintiffs the value of
the brick so delivered at that contract
price.” We find no error in this record
which will authorize this Court to inter
fere with the discretion of the Court be
low, in overruling the motion for a new
trial in this case.
Judgment affirmed.
Gartrell and Jackson, for plaintiffs;
TidweU, Fears and Arnold, for defend
ants.
t*ok Omt for Tricks.
Joseph Fry’s absence may be procured
by some one for a purpose—a* scheme—
to have a large reward offered for the
peculiar benefit of some of the pigs
who have soj long been feeding and
fattening at the public crib. Perhaps a
cunningly-conceived scheme of Foster
Blodgett or some co-conspirator, that he
may swear out a warrant for Fry, and
gain the great credit of having him re
arrested and placed under another $250
bond, by a bondsman provided for the
occasion by the prosecutor.
There is a device in Fry’s absence,
doubt. Let the movements of these men
be watched.
Henry K. Cody.
This gentleman accompanied officer
Kendrick to Warrenton, and was deliv
ered up to the proper officers. He
promptly gave bail for his appearance at
court. Warrenton is his native place,
where he has many friends, who were
astonished to find him under arrest with
such a charge against him.
Tlie Truth Slugt Come.
An article appeared in the New York
Herald of the 16th, from a correspondent
in this city, in which it is stated that
Capt. Foster Blodgett denies ever having
proposed to make any settlement of the
defalcations, or refund any money due
the State road.
Now we have no doubt the public will
soon be furnished with the evidence that
on several occasions, before any arrests
:e made, he expressed his deep
concern and great anxiety to have the
whole matter adjusted without any pub
lie exposure, and offered to cancel the
claims against Fry, and pay $20,000
himself, if publicity could thereby be
avoided.
Foster Blodgett yet wants a seat in the
U. S. Senate.
somewhat grave aspect. The modifi
cations proposed by Franco arc so serious
that the whole matter will be referred to
Berlin.
Thiers makes a demand upon Mexico
for better guaranties for faithfulness to
the treaty obligations before renewing
diplomatic relations.
London, September 20.—The Times,
discussing municipal afiairs in New
York, advises the citizens to put aside
party interests, as, otherwise, the evil
checked for a time, will only reappear in
an aggravated form.
The strikes continue. A large num
ber of sympathetic meetings are being
held.
Charleston, Sept. 20.—Arrived: The
schooner J. E. Messery, from New York.
Sailed: The steamer Maryland, for New
York. ' rrr^s
Savannah, Sept. 20.—Arrived: The
steamer San Salvador, from New York,
and the brig . Alice Lee, from New York
via Wilmington. Cleared: The steam
ship Seminole, for Boston.
GEORGIA NEWS.
AUGUSTA.
The Chronicle and Sentinel of the 18th
says:
W. S. Ryan, a native of Ireland, but a
resident of this country from boyhood,
and a printer by trade, arrived in this
city on Sunday morning by the train
from Savanna. He was in an exhausted
condition, produced by chills and fever
and dissipation, and died yesterday
morning about nine o’clock.
A BLOODY DUEL.
Two Augusta Gentlemen Satisfy tlielr
Wounded Honor.
We learn from a private source that
two gentlemen of Augusta, a Mr. D’An
tignac and a Mr.- Dell, were playing a
game of billiards on Saturday last, when
a dispute arose about the game, and Mr.
D’Antignac struck Dell over the head
with his cue. Mr. Dell immediately
challenged D’ Antignac, and a meeting
took place Sunday morning at Granite
ville, in South Carolina. All efforts to
settle the difficulty prove ineffectual; and
the distance was marked off. The weap
ons used were navy repeaters. At the
first fire D’Antignac was shot through the
lapel of his coat—the hall carrying away
a button. At the second fire the bnllet
from D’Antignac’s pistol penetrated both
legs of his adversary, cutting the femoral
artery. This put a stop to the fight. We
learn that Dell is in a very critical con
dition.
A Man- Han Over on the State Road.
Yesterday, as the down train was corn-
testator’s estate, without any reference to | ing in the neighborhood of Cartersville,
his will; that F. Clark, one of the legatees, j a man was seen standing on the track,
transferred liis interest, as such legatee, and notwithstanding the engineer rang
to one Austin; that when the divi- his bell and blew the wliistle, he re-
sion of the estate under the agreement mained there until the engine struck and
took place, Austin received as his third threw him off the track. His foot was
share of it, a lot of land, No. 184, upon I caught and terribly crushed.
Bangor, September 20.—The last rail
of the European and North American
Railroad, connecting the United States
with the Maritime Provinces of Canada,
was laid to-day.
Salt Lake City, September 20.—Af
ter discharging the avowed polygamist,
whereat the Mormon journals are very
bitter, United . States Judge McKain,
charged the Grand Jury that the crimes
of murder, arson, larceny, bigamy, adul
tery and riot in Utah are the same crimes
throughout the Christian dominion, con
cluding thus: “Gentlemen: It is your
duty, and mine, to enforce the laws. Let
us do it without fear, favor, affection,
prejudice, or the hope of reward.”
Galveston, September 20.—The grand
torchlight procession last night in this
city, of the opponents of the present
State Administration, was the most
brilliant display ever witnessed here. It
is estimated that 5,000 persons were iu
the procession, and ten thousand around
the spectators’ stand. The stand was
decorated with a hundred flags; every
nation being represented. The assembly
was addressed by distinguished speakers
from different sections of the State, and
much enthusiasm was manifested.
Many negroes have been registered as
voters at Houston, who have been recog
nized by citizens- of Galveston and
Hempstead, as being citicena of tnbSG
places.
A large schooner is ashore on Galves
ton Island, three miles below the city,
and is a total wreck. The words “Tom,
of Cincinnati,” are on her bow,
Baltimore, September 20.-—The Com-
manderies have arrived from all quarters.
No disasters or sickness occurred during
the journey. The elections occur to-day.
The grand procession takes place to
morrow. It is the largest convention
ever held heae.
The General Grand Chapter is also in
session, and elects officers to-day.
LATER.
The Grand Conclave of Knights Tem
plar convened. Grand Master Sewill
delivered the triennial address.
The entire session was consumed in
hearing reports.
A delegation of Canada Knights, in
full regalia, visited the convocation.
The Grand Royal Arch Chapter is also
convened.
The Supreme Council of the Southern
Jurisdiction will give a grand banquet to
the Supreme Council of the Northern
Jurisdiction at Bamum’s Hotel to-night.
San Feancusco, September 20.—The
losses by the fire at Virginia City, Neva
da, will amount to $750,000. Four en
tire blocks in the center of the busi
ness portion of the city were burned.
The origin of the fire was a defective
smoke-stack in a plaining mill. Many
firemen were hurt, and one was killed
Omaha, Sept. 20.—The new constitu
tion was heavily defeated. The woman’s
suffrage clause, which was submitted
separately, was disastrously defeated.
Charleston, September 20.—Three or
four deaths have been reported in the
last twenty-four hours. The cool weath
er has bad an unfavorable effect upon the
sick.-
Boston, September 20.—A condiictor,
whom a Coroner’s jury accused of crimi
nal carelessness, resulting in the death
of a woman, was held for action by the
grand jury, but released on §8,000 bail.
Springfield, September 20.—A Be
publican convention met to-day to nomi
nate a Congressman-at-large. Four
counties were unrepresented. D. W.
Mann, presided. General J. L. Beve
ridge was nominated.
Rome, Sept. 20.—The anniversary of
the occupation was celebrated enthusi
astically. Everything was orderly.
Lisbon, ^September 20.—The opposi
tion to emancipation is so great in the
Brazilian Parliament that the passage of
the bill this session is improbable.
Quebec, Sept. 20.—In the four-oared
race the Renforth crew and five Quebec
crews started. The Renforth crow won
by two minutes. Jn a single scull, Kelly
was first, Chambers second and Perry
third.
£_City of Mexico, September 29.—It is
conceded that a majority of the new Con
gress favors Juarez. There is no sign
of a re volution.
Yeesatlles, September 20.—The cus-
t ims and evacuation negotiations assume j
SAVANNAH.
The name of Gen. Joseph E. Johnston
has been suggested by a correspondent
of the Savannah Republican as a candi
date for Mayor of that city.
The Savannah Democrats are organiz
ing for the municipal election.
Savannah fines a policeman $25,^and
suspends him for a month for going to
sleep on his post.
The Neves of the 19th says:
There was a small piece of unpleasant
ness between two prominent Government
officials in the Custom House on yester
day, in which one was taken with a slight
case of “darkness about the eye.” Both,
being notoriously prominent in our city,
one as a local politician and tho other as
a Custom House officer, the case assumed
rather an interesting shape in the after
noon, and may perhaps go further. Its
ultimate results may be anticipated, how
ever, by all those who arc cognizant of
how the Ring is rung.
The Republican of the 19th says:
The new cotton crop is beginning to
come in quite freely, tho railroads and
the Savannah river steamers bringing it
now on every trip. 'We note the arrival
of tho steamers Swan and Rosa, from
Augusta and landings on the Savannah
river yesterday, the former with forty-
two and the latter with one hundred and
eighty-four bales of tho new cotton crop.
The Advertiser of the same date has
the following:
In the Boston Advertiser of the 13th
we find the following, of which we be
lieve there is no general knowledge h*
this city: “Miss Charlotte Tatnall, eldest
daughter of tlie late Commodore Josiah
Tatnall, died in Portland on the 8th inst.
She was on her way from Halifax to visit
some friend in New Hampshire, but was
taken quite sick in Portland, being previ
ously an invalid, and died at Mr. W. T.
Sargent’s, 22.Park Street. The family are
residents of Savannah, Ga., and the Rev.
J. M. Mitchell, the Episcopal clergyman
of that city, being in attendance at the
Maine Episcopal convention, took charge
pf the remains,”
ROME.
The Courier of the 19th, has the fol
lowing:
Work is busy on the water-works.
Pipe laying is progressing rapidly and in.
a few days the main pipes will all be
down.
There has been quite a flush tide in
the Coosa, and from now on, there may
hardly be expected a scarcity of water
for the boats.
The cotton crop will be very short in
this and adjoining counties.
MONROE COUNTY.
The Advertiser of the 19th annouuces
the deaths of Mrs. Mary E. Ponder,
Hardy Perkins, Charlie King and Mrs.
John McCord. Of the latter it says:
Mrs. John McCord, of this county,
died very suddenly at Indian Spring on
Friday. It seems that after visiting the
Spring, Mr. M. went up to the village,
leaving his wife in the waiting room at
Bath House, apparently as well as usual,
and returning, after a short absence,
found her a corpse.
The same paper has the following
items:
Mr. Presley Williams, aged one hun
dred and two yeai'3, was sent to the coun
ty poor house on Wednesday afternoon.
Monroe county tax-payers will have to*
contribute very iiberally to meet the in
debtedness of the current year. The Or
dinary has not yet fixed the rate of taxa
tion, but he says there is no doubt about
the redemption of much of his scrip in
this way. At present there is no ‘ ‘sinking”
fund.
A. “Great Nation.”
Gen. Grant congratulates himself that
we are a Great Nation—so expressing
himself in a speech at Cincinnati on
the 19th inst. No doubt he wiil furlher
congratulate himself when lie can c-all the
countty a Consolidated Empire, having a
Dynasty established, and himself wir
ing the Imperial Purple.
Tlie Sun in Texas.
A late number of the Belton (Texas)
Journal contains the following item:
Still They Come.—We learn that
Judge McGuire has one hundred and
twenty-five subscribers to The Atlanta
Sun. The Waco Register will bike no
tice that while, we haven't any cnieken
pie, we intend to feast and grow fut on
sound Democratic doctrine, tu
one of the first statesmen of the
by
tea?*- The Washington Chronicle has
something to say about “the Conservatism
of evil.” It forgets that evil is always
Radical.