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7- 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.