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T EE ATLANTA WEEKLY SUN. THE DAILY SUN. ^Wednesdaz Mousing November 1 More Developments. Tho act granting State aid to the Tlie Btutscratle Cuucu* ot tlie House met last evening. After electing Hon. Winder P. Johnson as Chairman, it was moved to proceed with the nomination of .candidates for Speaker and Clerk. Owing to the absence of Brunswick and Albany Railroad, author-; q{ the membf!rSj wbo we re expected ized the Governor to indorse the first mortgage bonds of the road to the ex tent of $15,000 per mile, taking a first lien upon the road and its equipments; also, in addition to this, to issue to the road the bonds of the State to the amount of $8,000 per mile, and take as security the bonds of the road to the extent of $10,000 per mile. The indorsed bonds to which tho road would bo entitled, if it were fully completed, would be $3,300,- 000; and the amount of State bonds to which it would be entitled if the road were finished, would be $1,880,000. The law requires the the Governor to issue and indorse these bonds as fast as every ten miles aro completed, and no faster. The road is completed only to Al bany— and poorly finished at that— so we learn. Yet, as we showed a few days ago, the entire amount of bonds to which the road would be entitled, if tho road were finished, both of indorsed bonds and State bonds, have all been, by order of the , Governor, fully prepared, registered, executed and sealed with tho Great Seal of the State, and de livered to him. This was fully set forth in our columns a few days ago. We then stated that we did not know whether Bollock had delivered the bonds to Mr. Kimball, or had used them unlawfully himself or not; but our opinion was that some unlawful use was intended, and that the law had been violated in having them issued and delivered to him by his order. - V We learn from. Dr. Angier, that he has ascertained, officially, that the bonds are not in the Executive office, and no oue thero knows where they are. Judge Cotting, the Secretary of State, has, by order of Bullock, executed, sealed and delivered to him all the bonds, and they are not in the Governor’s office. Where aro they? Has Bullock turned them over to Mr. Kimball contrary to law ? If so, have they been pawned or hypotheca ted and money drawn on them, or have they been sold ? These are important questions upon which we can. only have an opinion at present. But, in addition to the law requiring the bonds of the State to the extent of $S,000 per mile, to be delivered to the road only as fast as every ten miles are built, it also requires bonds of the road to the amount of $10,000 per mile, or $2,350,000 in the aggregate, to be depos ited with tho State Treasurer, before a single State bond is delivered to the road. Only $050,000 of these bonds have been deposited with the Treasurer. Bullock has absconded—has fled from before the face of an outraged people— to escape the just punishment of liis crimes, and has, in some way, disposed of, issued or misused—so it seems to us— over S2,000,000 of bonds more than the road is entitled to, as far os it is com pleted. Now, if it be true that he has, in any way, issued, used or delivered those bonds unlawfully, lie is liable to be sent lo tho penitentiary. This he knows, and hence his unmanly flight. The 4355th Section of the Code provides as follows: “ Any officer, servant, or other person employed in any public department or station or office of Gov ernment, of this State, or any county, town or city of this State * * * who shall ombezzlc, Bteal, socrote, fraudulently take and carry away, any money, gold or sUver, bullion, note or notes, bank bill or bills, bill or bills of exchange, warrant or warrants, bond or bonds, deed or deeds, draft or drafts, check or chocks, security, or securities, for tho payment of money or delivery of goods, or other things, * * * scaled instruments, or any certificate or othor public security for tho State, * * * or any day-book, or other book of accounts, or any agreement or contract, whatever; such person so offending shall, on conviction, be punished by imprisonment and labor in the peni tentiary for any timo not less than two years, nor longer than seven years.” This language is plain. Bullock un derstood it and has run away from it—at least, this is the only construction which wo can put upon his conduct. to arrive by night trains, it was agreed to adjourn to meet this morning at 9 o’clock in the Representative Hall, at which time every Democrat belonging to the House is requested to be present. Hon. B. Conley. It is stated that Judge Conley consi ders himself Governor for the remainder of Bullock’s unexpired term. That is a heavy calculation. Bullock’s Object. No doubt, Governor Bullock’s pro gramme is to induce General Grant and the Radical Faction, now in power, to suspend the writ of habeas corpus in Georgia and send Aim.back here as Mili tary Governor, /or the purpose of slopping all investigation into lis official ads l He desires no investigation into what he has done—so we suppose. Dr. N. L. Angler. Our State Treasurer, under the .solemn conviction that Gov. Bullock was making illegal use of the money and bonds of the State, has been watchful and vigilant, and steadily pressed his investigations and inquiries and kept the public inform ed of the facts and the law. and in this way has saved Georgia millions of dollars, and also saved her from the utter bank ruptcy which has befallen other Southern States where the Radicals have been in power. He has done ranch for Georgia and deserves the thanks of her people. Democratic Senate Caucus. At a meeting of Democratic Senators last night, the following nominations were made for officers of that body: For permanentPresident—L. N. Tram mell. For President pro tern—B. B. Hinton. For Secretary of the Senate—T. W. J. Hill. For Door Keeper—G. Whit Anderson. For Messenger—A. J. Cameron. These nominations were made unani mously. The Nominations. The candidates for officers of the Sen ate, who were put forward at the Demo cratic caucus last night, will, of course, receive the unanimous support of the party, and be elected to-day. They are good men, and will, no doubt, give full satisfaction in discharging their duties. Mr. Trammell we have personally known for years, and we regard him as well fitted for the position of presiding officer in the Senate. Mr. Hill is worthy, and well qualified, and so are Capt. Ander son and Mr. Cameron. Personal. Wcdcmcycr’s Band. This famous regimental baud, consist ing of 2 i pieces, fomerly stationed in this city when Gen. Meade was commanding the Department, but now at the Depart ment Head Quarters of Gen. S. W. Crawford, commanding at Huntsville, passed through this city yesterday on its return from Macon, where it had gone to discourse sweet music at the State Fair, delighting the city and all the visitors. It is ono of the finest and most celebra ted bauds in the United States. The Candidates. “Oh! that night or Blucher would come P* was the prayer of a celebrated V fighter;” and whenever we think of the trouble he wai in we fed the agony of the situation. Now, a tender-hearted fellow like this local, is troubled nigh unto death at the sight of the numerous pat riotic gentlemen who are proffering their services to fill the positions within the gift of the Legislature. They are all oh-ing for the nominations and elections to come off—hopeful, anxious, despon dent, desperate! Reader, do you sym pathize with this self-sacrificing class ? It is no uWflfor us to proceed—we are a911$ of them, and know how it is ourself. 7 ... ► • < The Last Prisoner of War. ta ^ 6 ^ earn that Capt. John C. Braine, Life of the C.'S. Navy ? wjll deliver a leer taro Ihisj yee&j.in thla ; cij;y, flicain- publisiied history"of the Navy* of ’the Confederate States. He was confined, as a prisoner of war, for two and-a-lialf years after the war. Gen’l. Toombs is in the city. Gen. P. M. B. Young reached the city yesterday. Gen. S. W. Crawford was in the city yesterday. He left last evening for the Northern part of South Carolina, on a visit to the home of his ancestors in that State. Col. John H. Christy of the Athens Watchman, arrived yesterday. E. Steadman of Newton county, is in the city to attend the Legislature. Maj. J. T. Bums, Senator, is at the Kimball House. The following members of the General Assembly arrived yesterday, and the day before: R. E. Lester, Senator 1st Dis trict, Savannah; James W. Jones, Rep resentative from Hart, Hartwell; W. S. Erwin, Senator 31st District, Clarkeville; T. J. Barksdale, Representative from Warren, Warrenton; B. B. Hinton, Sena tor 24th District, Buena Vista; E. P. Edwards, Representative from Elbert, Elberton; Columbus Heard, Senator J 9th District; JohnC. Nicholls, Senator 30th District, Blackshear. Hon. Julian Hart ridge, one of the veteran lawyers of South Georgia, is in the city. Judge Linton Stephens is at the Kim ball House. We were unable to notice yesterday morning all the prominent gentlemen who are arriving to take their places in the General Assembly; and will possibly be unable to complete the list to-day, as we have not had the pleasure of meeting all, and have no doubt we shall leave some good and able men out. the will is good, and if the deed fail, the fault is not intentional. Hon. B. B. Hinton', of the 24th, one of the working Democrats of last session, and one of the most watchful, is on hand, ready for any duty that may be required. Though Trammell was just a little the stronger, in caucus, for President of the Senate, Hinton was selected as theyn-o tempore President, and will be a valuable aid to the nominee. It was a nice point to decide between these two gentlemen, and we shall never be able to fully un derstand how the Senators managed to do it Hon. R. E. Lester comes with the re sponsibilities of the First District resting upon his shoulders. But he will acquit himself like a good Democrat and a good ^Senator. He is every inch a .man. . Hon. E. Steadman, one of • the most practical and useful men in the State, will actively and honorably represent the Twenty-seventh District. Hon. W. T. Jordan is on hand. The Twenty-fifth District will not suffer through him. He is as genial as a May- blossom, knows bow to make friends and knows bow to keep them, always votes right, and can play a better tune on the fiddle than any man in the Senate. Hon. CL J. Welbom, of the Fortieth, is equipped for the fray and ready to fight it out ou the Democratic line. He is a good worker and a sound thinker, and is always at his post He wields a decided nfluence in or oat of the Assembly. Hon. John T. Barns comes from the mountains, and is tall and straight as the pines. His Democracy is beyond a sus picion. He never was known to flinch when the trial came. He has still the old metal in him. Fitzpatrick comes again from Bibb with Lis Blarney, and will, we presume, as heretofore, be one of the biggest Radicals in the bunch. He is our “honest Fitz” nevertheless, and “Mis- ther Spaker,” pronounced in his rich brogue, is as musical as an Irish jig. Butts sends one of her sturdy old farmers to do her representing, in the person of Hon. T. F. Hammond. The honor of the county is safe in his hands, for he knows nothing but integrity and hard work. He can be accounted on when the hard work commences. Chatham sends Hon, John J. Kelly, a fine ould Irish gentleman ” and the worst Democrat in America* He is big, but Democratic in proportion, and true as steel to his principles and his friends. Hon. J. H. Me Wkorter is here to do the Radicalism for the 30th District. He is a fine looking man and works well—on the wrong side. Morgan Rawls comes to cast a few more votes for the Democracy and the honor of old Effiingham. From Fayette, we have met Wm. What ley, who does not seem to be very happy, as Mr. Harp proposes to protest his seat. There ought be no foolishness'about elec tions; people ought to vote quick and often, and pile up big majorities. Spalding also sends us a couple of members, and strange as it may seem, they are both Johnsons—Dave and Dan. Dan come in ahead, but Dave proposes to show fraud, and contests. We would be delighted to see Dave seated, as he is the “powerfulist” Democrat in the coun ty—no discount at all—notwithstanding he was the loudest-mouth Union man in war times in all this country. Dan is as ihorough a Rad. as Georgia affords— don’t beat about the bush, but goes the whole figure. Pike—gallant, glorious old Pike—sends ns a Bakei’, whose front names are John H. All that we desire to know of a man is, that he comes from Pike, to put him down O. K., as the people of that county come as near appreciating honesty and virtue in man as any people in this wide world. , * From Bryan, wb met 'bur old life-long friend, C. H. Baker; and notwithstand ing he comes fresh from the jungles of that oppressed section of our State, we know he has the true grit, and plenty of it. He will represent the old and hon ored county of Bryan with credit to him self and honor to the county. Randolph sends R. F. Crittenden, i genial, intelligent gentleman, with whom it is a pleasure to talk. We shall watch the career of Mr. Crittenden with inter est. TELEGRAMS Thohasvelle,' October 31.—The an nual Fair of the South Georgia and Me chanical Association, opened here to-day, with a large attendance and a brilliant prospect. Thousands of visitors arp ex pected during the week. Oswego, October 31.—An old tannery boiler exploded to-day, from over pres sure. One was killed and several were hurt. Philadelphia, October 31.-—'The En terprise Insurance Company has sus pended. The report of the Board of Health shows 456 small pox cases for the week and 1647 for the year. Deaths for the week, 85; for the year, 284. Memphis, October 31.—The ) crew of steamer Mary Boyd mutinied because the Mate shot a negro named Tilly. The arrival of tl e police saved the Mate’s life. Several of the mutineers were ar rested; but the ring-leaders escaped. Cincinnati, October 31.—A contract lias just been concluded whereby the Chesapeake and Ohio Railroad secures a controling interest iu tlie Louisville, Cin cinnati and Lexington Railroad. St. Lotus, October 31.—Two boilers, in quick succession, exploded in the Yul- can Iron Works. One person fatally and eight seriously hurt. Salt Lake, October 31.—Daniel H. Wells, Mayor of Salt Lake, charged with However i murder, has been released on $50,000 bail. Cases for divorce and alimony are p'ending. In one case the ninth' wife is the plaintiff CpNCOKD, Oct. 31.—Eighteen hundred sheep and six horses, from Canada, were seized to-day for under-valuation. Charleston, Oct. 31.—Two deaths from yellow fever have been reported in the last twenty-four hours. New Orleans, Oct. 31.—The Frank fort arrived to-day, from Bremen, with six hundred emigrants on board. Six hundred feet of the levee, from Montague to Lonisa street, caved to-day. Washington, October 31.—W. F. Forbes, Pension Agent at Philadelphia, has been suspended, charged with defal cation of $25,000. A full cabinet met to-day. General Sherman will leave next week for a six months’ European visit. There are assurances that Capt. J. G. Stokes, of Alabama, will be appointed Consul to Rio Janeiro. The Contract Bureau, of the Post. Office Department, was engaged to-day in considering bids to fill previous con tracts that were not complied with These routes include as follows: West Virginia, 3; Virginia, 11; North Carolina; 2; Georgia, 4; Florida, 2; Alabama, -78 Mississippi, 2; Arkansas, 50; Louisiana, 12; and Texas, 46. There are good assurances tbat no change will be made in the Savannah Custom House, notwithstanding the efforts made to procure Collector Robb’s removal. The Ku-klux arrests were considered in Cabinet to-day, and applications for bail were referred to the Attorney Gen eral, he having exclusive control. The correspondence between the gov ernment and government officers in Utah indicate a determination to crush out polygamy. Gortschatoff had a long interview with Emperor William yesterday, and subse quently one with Bismarck. Subject un known. Thiers refuses to modify his ultimatum to England regarding the commercial treaty. The English Cabinet has had five councils during last week. Their foreign policy was the principal subject of discus sion. The English army is being rapidly re organized. Regiments are rapidly brought to the war standard and an im mense amount of war material is being accumulated. It has transpired that there was much straw-bidding for the mail contracts open ed to-day, and as the Attorney General compels the Postmaster General to award the contracts to the lowest bidders, it is probable that most of the contracts, made last July to end December 31, or until otherwise ordered, will continue until the next annual letting. The new geographical boundaries and change of commanders in the Military Departments, which are pending, cause excitement in military circles. It is said that Sheridan will ba assigned to the Department of the South. SUPREME COURT DECISIONS. October 31, 1871. Henry F. Russell, Mayor, &c., vs. C. V. Walker et al.. and Wm. G. Jones and Michael O. Dowd vs. H. F. Russell, Mayor, &c., for use of Wm. Glenden- ning, administrator. Suit on bond— Discharge of principal. LOCHRANE, C. J. C. B. Walker was elected auctioneer of the city of Augusta, and executed his bond as required by law. During his term as such auctioneer, he sold certain propety entrusted to him, and failed to pay to the parties the proceeds thereof. Walker and his sureties on the bond were sued, and the main question raised by the pleadings, and which is embraced in the writs of error is, that Walker pleaded his discharge in bankruptcy, which the court allowed, anp the sureties relied on the discharge of their principal as a dis charge of the sureties, which the court disallowed. We hold that the court erred in holding that. Walker was dis charged under the facts of this case.— The 33d section of the bankrupt act of March 2, 1867, provides that no debt that has accrued by the fraud or embezzle ment of the bankrupt, or the defalcation of a public officer, or of any one while acting in a fiduciary capacity, shall be discharged under this act. Waiving the question as to whether or not Walker was a public officer, under the act of Decem ber 24, we are clearly of opinion that the debt sued on accrued while Walker was acting in a fiduciary capacity. Held again: The sureties on the bond were liable under the facts of the case.— We therefore reverse the judgment of the court in the former, and affirm it in the latter, case. H. W. Hilliard for plaintiff; J. P. Carr contra in the former, and J. P. Carr for plaintiff, and Hilliard & King contra, in the latter case. f Jno. S. Byne vs. Ezekiel Adtaway—Title to Confederate States property. LOCHRANE, C. J. Where it appeared from the record that A brought an account of trover to recover a wagon which belonged to the Confederate States at the time of the sur render of Gen. Johnston, and subse quently to such surrender was given to A who had worked for the Confederate States authorities, by the Confederate States quartermaster iu payment of A’s services; and after such giving to A, he took it from the depot in Warrenton, where it was, and ran it off into a swamp, where B’s negroes found it and B bought it home and had it repaired, and after wards learning that A claimed the wagon, B reported it to the United States au thorities, who gave B the possession and use thereof, and on a trial of the action brought by A against B to recover the wagOD, the Court rejected this evidence and charged the jury that the receipt of the wagon by A from the Confederate States quartermaster iu settlement of A’s wages, was a voted payment and afforded I a complete title, although the same was ( made after such surrender, and refused to charge, as requested by B’s counsel, as to the effect.of the surrender; as to the principal of seizure, and the jury found for the plaintiff, and a motion was made for a f new trial on several grounds, which were overruled: Held, That the Court below erred in his view of the law of this case. The de fendant had a right to the evidence re jected, for the written permission of the authorities of the United States touching the property capture, or surrendered, to- witjby the Confederate States authorities, was! admissable and proper evidence for the consideration of the jury. The terri tory over which Gen. Johnston had com mand, and which was covered by the sur render, being a part of the public history of the country, it is the duty of the courts to take cognizance of it- without further proof as to the locus of this transaction. Be ing in the territory so embraced by .the surrender, all the property controlled by such military organization commanded by G-eheral Johnston, was surrendered by him, and the Confederate States Quar termaster had no power to transfer it, and could confer no title by any act of his. The surrender conveyed to the United States authorities the title or right to the possession of suck property, and their disposition of it-, was competent by such military orders as >tbat government may have directed, and was admissible in evidence to show the fact, and was conclusive upon any one claiming, under the Confederate States authority, where such order had been procured without fraud,' and the Court erred in ruling out such evidence. Judgment reversed. J. J. Jones, A. M. Rogers, for plaintiff; S. A. Corker, contra. M. W. Spearman, Administrator, vs. L. ML Wilson, et aL, Executors—Arbi trators. [• •. ti) lit \ • d LOCHRANE, C. J. property of his own, pending the arbi tration : Held, again, under our law, as Judge has a right to carry a jury into a differ ent county from that in which they are empaneled, and any threat to do so in case they d ; d not find a verdict presently, was in effect to prevent the jury from that free and voluntary consideration of tbecause required bylaw: Held, again, whether a contract was entered into by Whitfield with Spearman, to derive certaiu property by will, is a fact for the jury to determine, and if the contract existed, equity had jurisdiction to decree damages for the \breach, al though it was impossible to decree a spec ific performance. If the jury find a contract and a breach thereof, in the estimation of dam ages, it is proper to consider any advances made during the lifetime of the testate, distinguishing between voluntary gifts not referential to the contract and advancements in pursuance of it, and held again, that the latter con dition of the parties arising out of the losses to the estate of Whitfield, is a proper matter to be considered by the jury in case they find a contract had been entered into, and such breach as en titled Spearman to damages under the law. Judgment reversed. J. Wingfield, J. T. Bondoin, Peeples for plaintiff, and Joshua Hill and A. Reese, contra. City Council of Augusta, vs. M. E. Swinney—Vested Rights. McKAY, J. Where a public office is created by the authorities of a municipal coloration. Held that the incumbent of the office does not have such an interest in the salary, as that the corporation could not at its discretion abolish the office, and by so doing, deprive him of the right to tender his services and demand his salary for the full time for which he was selected. Judgment reversed. A. R. Wright for plaintiff, H. Clay Foster, contra. J. M. Meyer, Trustee, andjSavannah Mil ler, vs. B. B. Miller, Jr., et al—Equitv. McKAY, J. J The rule that the judgment of a court of competent jurisdiction, is conclusive between the parties as to tho matter in issue, does not apply to a judgment against a trustee as such, if the object of the suit be to charge the trust property with a debt for which the trustee is only personally liable, unless it appear that the cesfcue que trust is sui juris and a party to the suit, or consents to the judg ment, and equity will interfere to enjoin such judgment, if it appear that in fact, the trust estate was not liable for the debt sued on. Judgment reversed. H. Clay Foster for plaintiff, Jas. P. Carr, contra. James S. Pool, vs. S. S. Purdue—Attach ment. McKAY, J. A commissioned Notary Public as ex- officio Justice of the Peace under the con stitution of 1868, may issue an attach ment as another J. P. may, under the provisions of the code. One holding a commission from the Governor as N. P., and acting as such, is de facto an officer, and his official act cannot be attacked collaterally, on the ground that his ap pointment was not authorized by law, or obligations to the form of an affidavit or attachment, are waived by the appear ance of defendant and pleading to the merits of a written notice to defendant that an attachment is pending, stating the Court to which it is returnable and the term thereof, and stating the amount ascribing and the property levied on, is a sufficient compliance with Section 3233 of the Code, to authorize proceedings as in an ordinary suit, especially when the defendant appears and pleads to the merits. Where objections were filed to certain interrogatories, on the ground that they were leading and the party on the trial urged the objections, and the Judge stated that if the objections were sus tained he would continue the case, and the party ceased to urge them. Held, that this Court will not for that reason grant a ‘ new trial. In this State, one party can sue another at law if he can, by proof, so present his case that the jury can ascertain the amount of the indebtedness. Upon the whole ease, we find no error in refusing to grant a new trial. Judg ment affirmed. A. D. Picquet and A. R. Wright, for plaintiff,, and H. Clay Foster and J. C. C. Black, contra. Mary A. Inman, Administratrix, and Al fred Inman, Administrator, vs. D. J. Jones—Illegality. WARNER, J. This was an affidavit of illegality to a judgment rendered against the defendant in November, 1866, on the ground that note on which the judgment was founded was a debt, the consideration of which was for .the purchase of slaves. The plaintiffs made a motion to dismiss the affidavit of illegality, on the ground that the defendant had had his day in Court, and was now estopped from going behind the judgment and setting up this defence by affidavit of illegality. The Court overruled the motion and the defendants excepted. This case is within the principles decided by this Court during the present term, in the case of Miller vs. Albritton. The defendant should have pleaded and proved the considera tion of the debt on the trial of the case when the judgment was rendered. Judgment below reversed. John T. Shewmake for- plaintiff, and A. R. Wright contra. J esse A. Leaptrot vs. Eliza A. Roberson, admin’x. Trover. WARNER, J.' Action brought to redeem the value of 21 bales of cotton, alleged to have been converted by the plaintiff in error to his own use. The jury found a verdict for the plaintiff for the proven value of the cotton. Defendant made a motion for a new trial, on several grounds, which was overruled, and he excepted. The de fendant was offered as a witness to rebut and explain declarations made to certain witnesses, who were examined on the trial in regard to the loss of the cotton, bat not as to any of the facts touching the contract for the sale of the cotton made between himself and the intestate. The rejection of the defendant as witness by the court to prove the facts for which he was offered, is assigned as error. This was a suit by the administratrix to recover the value of cotton on a con tract made by her intestate with the de fendant, and it was under that contract s tlint she derived her title to the cotton. Held, that A was not a competent ar- .Where an executor or administrator is a bitrator to lender an award where tue [party in any suit on a contract of his tes- property in controversy had become the tate or intestate, the other party shall not be admitted to testify in his own favor (Code sec. 3798.) The defendant w£ offered as a witness to testify in kia favor in a suit ia which the the plaintiff as administratrix, was seeking to recover the value of cotton on a contract -nth her intestate, and the statute ex cludes him in general terms in all sudi cases from being a witness in hi3 01rn favor, for any purpose. If the defend, ant could be admitted to testify i u own favor for the purpose claimed why not be allowed to testify ’ his own favor for any other in poses and thus practically repeal*the statute ? Where shall this Court stop in admitting the defendant to testify in hi s own favor in such cases? The obvious reply is to stop just where the statute commands them to stop. This question was practically decided in the case of McIntyre vs. Meldrin, 40 G., 490 — There was no error in rejecting’ the de fendant as a witness to testifv in his own favor against the plaintiff on the trial of this case. The record discloses the fact that this is the third verdict found in fa vor of the plaintiff in this case, and we find no errors that will authorize this Court to set it aside under the evidence which is quite sufficient to sustain the verdict of the jury. The charge of the Court iu relation to the admissions of the defendant, when considered as an entire charge, was not such on error as was calculated to mislead the jury. g>As a matter of practice, when counsel reads a written request to charge in the presence and hearing of the jury, the Court should either give.or refuse to give such request in charge. If the re quest is a legal and pertinent charge, which ought to be given to the jury, then the court should give it in £ke language requested, by reading the same to the the jury and not holdup the paper after the same had been read and handed to the Court, to say “Gentlemen, I give you all these in charge as requested.” The preponderance of the evidence in this case was in favor of the verdict, and we cannot say that it was not right under that evidence. The jury were the proper judges as to the credibility of the witnes ses and the weight, to which their testi mony was entitled on considering it.— The losing party is rarely, if ever, satis fied with a decision either of the court or of the jury when against him; but the public interest requires that there he an end of litigation. We do not find any error sufficient to authorize this Court to interfere with the verdict or to control the discretion of the Court below in re fusing a new trial. Judgment affirmed. J. S. Hook, R. WL Carswell, for plain tiff; A. R. Wright, contra. E. H. Pughe vs. Jerry M. Carty—Libel. WARNER, J. This is an action brought by the plain tiff against the defendant to recover dam ages for the printing and publishing of a libel in the columns of a daily newspa per. On the trial, the jury found a ver dict for the sum of $1,500. The defend ant made a motion for a new trial on sev eral grounds, which was overruled by the Court, and defendant excepted. This case was brought before the Court at a former term, and decided by a majority of the Court on tho same statement of facts, or was presented on the last trial, except that on the last trial the evidence in relation to the dispute between the two newspapers was more full and explicit than on the former trial. The first ground of error assigned to the charge of the Court is in charging the jury that the words charged iu the declaration were li belous. There was no error in this charge, as it amounted to nothing more than saying that the words charged in the declaration were rationale as a libel under the law. The Court expressed no opinion as to whether the evidence, as proved on the trial, made out a libel un der the circumstances attending the pub lication. If the Court had charged the jury that the evidence in itself constitu ted a libelous publication under the cir cumstances attending it, that would have been error, because it would have been an expression of opinion upon the evidence in the case. The counsel for defendant requested the Court to charge the jury iu the exact language of a majority of this Court as applicable to the facts of this case, that where a dispute is conduct ed between two newspapers as to the extent of their city circula tion, and their employees volunteer to take part in the strife, and one charges an employee of the other, who is aiding in the quarrel, with theft and duplicity, and the other charges in return that the employee of the first has been convicted of perjury by the solemn oath of a gen tleman whose veracity stands unim peached and unimpeachable, and the lat ter brings a suit for libel on the charge contained in this published libel. The jury in such eases should find nominal damages only. The Judge stages that he refused this charge for want of proof, but the record shows that the proof was quite as full on the last trial and a little more so, than on the former arial, 40 Ga. 444. Whether the former judgment of a majority of this Court was right or wrong as. applicable to the facts of the case, still it was the judgment of the Court and the law of the case, which the Court below, under the 4220 section of the Code, was bound to respect and in good faith to carry it into effect,- and therefore should have given to the jury the charge as requested, and it was error in refusing to do sc, however erroneous the judgment of a majority of this Court may have been as to the law applicable to the state of facts. It was not the province or the duty of the Court to question that judgment by a refusal to ad minister the law as declared. McKay, J.—I concur in the judgment of the Court in this case, it being my opinion that there was sufficient evidence to authorize the charge, leaving it to the jury to determine from thy evidence whether the plaintiff voluntarily engaged in the controversy. Lockrane, C. J.—I desire ‘ simply to pat off recording my concurrence in Aiis case as based upon the previous decision of the Court; 4U G. 447. As; au original proposition in law, I would not have lim ited the jury to nominal damages under the proof, but left the jury/ free to find the fact whether the plaintiff has volun tarily engaged in the newspaper contro versy, and to have assessed, such damages as they may consider reascinable and just under the rales of law an|d the facts 01 the case. It has 1 een hinted that EMr. H. I. Kim ball is not'in New York, aijid has not been lately, and further, that h'e is afraid to show himself either iu tiiat city or m Georgia. We know not lnow this is, cer tainly, but think the hint | or surmise i» not an unreasonable one.