The Weekly sun. (Atlanta, Ga.) 1870-1872, March 27, 1872, Image 1

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Newspaper Page TextJ.J3.JU Ai.JJAlAOUl^ ALEXANDER H. STEPHENS, Politic*! Editor. A. R. WATSON, News Editor. J. IIENLY SMITH, General Editor and Business Manager. v Traveling Agent*. J. M. W. HILL, THOMAS C. BBAOEWELL Agents for the J*nn. James Axj.ex Smith, Knoxville, Tcnn. J.L. WmoiiT, 'Woodstock, Ga. J. G. Caldwell, Thompson, Ga. H. C. Hamilton, Dalton, Ga- W.C. Davis, Jr., Eatonton, Ga. Tawan, Man ic Co., White Plains. Green co., Ga. J. L. Smith, Chattanooga, Tenn. J. C. PAim am, LaGrange, Ga. E. A. Varnedoe, Thomasville, Ga. A G. Williams. Union Point. It.. A. Bell, Athens, Ga. VOL. 2, NO. 41.) ATLANTA, GA., WEDNESDAY, MARCH 27, 1872. WHOLE (\/t NUMBER, t/TX. THE ATLANTA SUN DAILYamlWEEKLY. CONTENTS TERMS OF SUBSCRIPTION Dally—Single Copy—Twelve Months. $10 00* Six Months, 5 00; Three Mouths, 3 00; Ono month/ 100. ‘ Clubs for Dally—Per Annum—Three Co pies. $27 00; Four Copies. 33 00; Five Copies, 43 00: Kight Copies, 68 00; Ten Copies, 84 00; Single Copy. 5 cents. Weekly—Per Annum—Single Copy, $2 00- Tlireo Copies, 5 00; Five Copies, 8 00; Ten Copies, 15 00; Twenty Copies, 28 00; Fifty Copies 65 00; One Hundred Copies, 125 00. Weekly for Six Months—Single Copy. $1 00, Three Copies, 2 50; Five Copies, 4 00; Ten Copies, 7 60; Twenty Copies. 16 00; Fifty Copies, 34 00; One Hundred Copies, G5 00; Singlo paper 5 cents. “ATLANTA WEEKLY SUN,” ron THE WEEK ENDING WEDNESDAY, MARCH 37th, 1873. Page 1.—Telegrams, Local Items, &c. Page 3.—Defaced and Mutilated Notes and Cur rency. Cartersrille and Van Wert Railroad Com pany. Bowden—Interesting Items of News. Mil- ton County. The Hals of Arms. Facts for the Single. Bond Bing Operations. Abuses. Amneg ty trifling. Mechanical Schools. Radical Reform. Revolutionary Medal. Excerpts of Fun and Hu mor. Georgia Matters. Page 3.—The Communists of France. Supreme Court Decisions. Anecdote of Col. Colt. Whist. Sun-Strokes. Georgia Matters. Book Notices. Page d.—The Non-action of the Executive Com mittee of the Democratic Party of the United States. Pennsylvania Correspondence. National | Democratic Committee. B-B. The Feast of Pu- rim. More Arrests in South Carolina. Forsyth Gounty. General Beatiregard. Page S.—The ‘'Passive Policy.” Special Missouri Correspondence. Tho Georgia Agricultural, Me chanical and Military Institute. Hart County Ag ricultural Club. Outlawry in Robeson County, North Carolina. Big John writes to Bill Arp. El bert County Matters. The Northeast Railroad. Special Correspondence from St. Marys. Shock ing outrages in Jackson County. Page 0— Republican's Addross. The Suits Against Alleged State Defaulters. Tho McDuffie Bobbery, n. O. Hoyt Absconded. Recorder’s Qourt. A New Role for Alexis. Not a Farthing to be paid for Consequential Damages. Horrid Buchcry of an Aged Negress. Alabama’s Wealth. Building Rail roads by Machinery. A Moral Hero. Page 7.—Rossol. Premiums for Field Crops. Tho Market Value of .Poetry. A Runaway Georgia Boy Caught In Mobile. Prospectus of The Sun. Ad vertisements, &c. Page 8.—Lines Suggested on reading “The Lores of the Angels.” Miss Carrington, Market Reports, Advertisements, &c. TELEGRAMS. WASHINGTON NEWS. Washington, March 19.—The case of Avery and others, indicted under the Enforcement Act, lor the killing of Jim Williams, while attempting to prevent colored people from voting in South Carolinn, has come up before the Su preme Conrt, and was argued on a mo tion _ mndo by the Government to dismiss the writ of error, because it is from a motion to qnash, which was wholly within the discretion of the conrt below, the Government in sisting. that, as the matter was within the discretion of the court below, this court has not jurisdiction to review it. The case involves the constitution ality of the Enforcement or Ku-Klux Act of May, 1870, on the question whether the 15th Amendment authorizes the leg islation, or, in other words, whether the net-3 appropriate legislation, to. carry into effect the provisions of the amend ment. The Government takes tho affirmative of the question and the defense the neg ative, insisting that the amendment au thorizes no legislation upon the subject of suffrage, but leaves that matter wholly with the States; except to provide that they shall make no law debarring any citi zen from tho right, on the account of race, color or previous condition of ser vitude. It is also contended by the defense that tho act makes no provision for a proceeding against individuals, except when attempting to do the prohibited nets, by authority of the statutes of State. Tho case is conducted liy the Attorney General and Assistant Attorney Hill for the Government, and by Hon. Henry Stauberry and Hon. Reverdy Johnson for the defense. It has been heard so far only on the motion to dismiss, and may not now be heard on its merits. It will lie heard further to-morrow. There was a full Cabinet to-day. Wnrmoth says his visit here is not po litical. Francis Shas, of Maryland, has been nominated Minister to Pern. The British-American Claims Commis sion will meet to-morrow. The time for filing claims expires the 26th of March Washington, March 20.—Nothing is going on among the Louisiana factions gathered here beyond smoking and drinking. The argument in theKn-Klux case was continued to-day in the Supreme Court. Tho argument iii the preliminary case was closed, and the Court will decide to morrow upon the dismissal of the case upon technical grounds. Should the Government ho defeated upon the plen for dismissal, the case will be argued upon its merits to-morrow. Washington, Marcb|21.—The resigna tion of Joseph Belknap, Supervising Steamboat Inspector, has been accepted. In the Supreme Court to-day in the Ku-Klux case No. 518, the United States vs. Avery and others, on a certificate of division from the Circuit Court for South Carolina, the motion to dismiss,made by the government in this case was now quoted, the Chief Justice announcing that the case of the United States vs. Rosenberg, in the judgment of the Court cGntrols this. (See that case in 7th Wal lace, 580.) The'motion to qnash was clearly deter minable as a matter of discretion. It is preliminary in its character, and the de- malot it could not finally decide any nghtof tho defendant. When such i motion is made by a defendant, it is usu ally refused, unless in the clearest cases and the grounds of it may he used on a demurrerj of motion in arrest of judgement. It is established, therefore, that the motion to qnash falls within this principle, which excludes all matters of discretion from the jurisdiction to review. The case cannot, probably, come to this Conrt on a writ of error to final judg ment under about two years, but a writ of habeas corpus having been issued for the relief of the prisoners and their discharge being denied, that judg ment has been brought here for review, and the case, so presented, will involve the constitutional question whose hearing is deferred by the decision, it is expected that a motion will be made to morrow’ to set a day for the arguments. Washington, March 22. —- Council Bluffs has been determined,upon as the Eastern Terminus of the Union Pacific Railioid. No progress has been made, and there is no prospect of any, in the matter of reconciliation between Warmoth and his opponents. The Louisiana delegation will he satisfied with nothing but a col ored man for Surveyor of Customs at- New Orleans. There were no Southern nominations to-day. Y ' .' : The Supreme Court lo-day took up Case No. 10. Original. Ex, Barte, T. Jefferson Greer.” This js one under the ' Enforcement act of 1870, and, Messrs. >3tanberry and Johnson, failing to get the constitu tionality of the law before the Court, in the c:usc of Avery au<l others, upon certificate of division in respect of ques tions raised on motion to quash—now moved for a writ of heabeas corpus and certiorari to bring up this case for re view, the conrt below’ having refused to discharge the. petitioner on habeas corpus. After some conversation between court and counsel, the matter was taken under advisement. ' Washington, March 25. — Governor Curtin, Minister to Russia, has resigned. It is stated that the' Secretary of State has sent an energetic note to Madrid against the treatment of Dr. Howard. The National Democratic Committee will meet early in May, after the meeting of the Cincinnati Convention, to fix a time and a place for holding the National Democratic Convention. The time will probably he the 4th of July, and the place St. Lonis. Rear Admiral Lee’s report from Ha vana the 13th says there is' nothing new to report. The British-American Claims Commis sion met to-day and, without deciding any cases, adjourned until Thursday next. It is understood there will be very little business of importance before the Con vention till next fall. They will meet occasionally, but a few cases only will be heard upon their merits before the ad journment over for the summer. In tho Supreme Court a motion for mandamus in the Kentucky war claims case was rejected. The Supreme Court adjourns from Thursday next to Monday, and May 6th to October 28th. • CONGRESSION&L SUMMARY. Washington, r March 20.—The bfll giv ing the officers and men of the steamer Kearsage §19,000 ior destroying the Alabama, passed. The President was requested to give all information regarding the imprison ment of Dr. Howard, in Cuba. The bill compensating the captors of the Alabama, passed. A petition from 4,000 persons in Cali fornia, for female suffrages in the terri tories, including the District of Colum bia, was presented. Mr. Sargent, who presented the petition, avowed himself in favor of the movement. The Post-Office Appropriation Bill was resumed. March 21.—A resolution inquiring the names of, and the amount-paid to, news papers publishing the laws was adopted. The bill bridging the Ohio River passed. It requires all bridges above the mouth of Big Sandy to have one span not less than ninety feet in height above low water and forty feet above the high est water, and all below that point to have one span not less than one hundred feet above low water and forty feet above the highest water, and all below the Covington and Cincinnati suspen sion bridge to have, in addition, to such high span, a pivot draw giving two clear openings, of 160 feet each. The Postoffice appropriation bill passed. The amendment increasing the subsidy to the San Francisco and China mail line failed. Washington, March 22.—The Appro priations Committee has defeated, by a tie vote, the appropriation of §50,000 to enforce the Civil Rights regulations. The Pacific Railroad Committee has agreed to report a supplemental South ern Pacific Railroad bill. It author izes §40.000 igorth of bonds per mile, ami directs the work to commence im mediately at the eastern terminus. Mr. Scott’s amendment, admitting tea aud coffee free, passed by a vote of 35 to 13. j\JEaboh 25 After some important business, the unfinished business—being tho Tariff Bill-^came np, when Mr. Chandier moved to lay it on the table for to-day in order to proceed with the bills from the Committee on Commerce. Mr. Sherman said he would not oppose the motion of Mr. Chan dler as to-day has been set for the consideration of the bills reported by the Committee on Commerce. He said he did not know exactly what to do about the tariff bill in view of the action of the Senate on Friday last. The question was whether it would be well to await now the tariff bill of the House, and to take up and pass the Honse bill to repeal the tax on tea and coffee. At any rate, he suggested now that the Senate to-mor row take up and pass the House bill looking to the repeal of the tax on tea aud coffee, in view of the uncertain ty which prevailed in business circles; for on Friday, he had received letters and telegrams from forty leading com mercial bouses and organizations, askiDg the meauing of the action of the Senate on that day. Among the bills introduced to-day .'was one from Mr. Ramsey, of Minnesota, to construct and aid in rebuilding the levees on the Mississippi river and for other purposes; one incorporating the Missis sippi Levee and Telegraph Company, witn a capital of §10,000,000, to con struct levees and a line of telegraph on both sides of the river, from Girardeau, Missouri, to Fort Jackson, Louisiana, free from State taxation, and with a land grant of 26 sections per mile. The bill bridging the Ohio, near Evansville, Indiana, passed. A bill for gulf steamship service hts tween New Orleans and certain Mexican ports passed. A motion to suspend the rules and pass the Supplemental Civil Rights bill failed by a vote of 98 to 78—not two-thirds. The bill comes up again next Monday, j A bill authorizing the building of a Mexican Gulf railway was introduced. A bill authorizing a Baltimore and Po tomac railroad depot in the heart of the city failed of a two-thirds majority, the vote being yeas 119, nays 62. It comes up to-morrow, when a majority -will pass the bill. V-•“- 1 : \ (Note.—This is the Pennsylvania Cen tral vs. the Baltimore and Ohio.—Re porter.) •' :U ‘ - ' 1 *' ■ I • — NEWS ITEMS FROM NEW YORK. New’York, March 19.—The New Jer sey Methodist Conference has passed a resolution closing camp-meeting pn Sun days. New York, March 19.—There were further enormous transactions in Erie shares to-;day, the price advancing from 49 to 51 per cent. The President of the Stock Board announced at the Second Board that' he had been officially no tified by President Dix that the transfer books would be re-opened on Wednes- It is stated that General McClellan has decided to withdraw from the Erie direc torship, on account of his connection with the Atlantic and Great Western, day the 20th. Twenty-nine cases of small-pox were reported yesterday/ and the disease is on the increase. The grand jury of the United States Circuit Court has indicted Lawrence and Fields, revenue officers, for taking bribes. The report of the health board shows many cases of small-pox in private prac tice of which it had no suspicion. The typhus and typhoid fevers are prevalent in the House of the Good Shep herd, in Brooklyn. Forty-two cases are there now, including four of the Sisters of Mercy, while another of the latter has died. Physicians as yet are unable to check the disease, and patients are re moved to the country hospital for conta- geons diseases. Six deaths occurred in Brooklyn since the 14th instant from cerebro spinal men ingitis, which has appeared to some ex tent in all parts of that city. New York, March 20.—The emigrant swindler, Edwards, has been sentenced to the penitentiary for five years. Another Staten Island Ferry steam boat has been seized to satisfy suits growing out of the Westfield Horror. The Tribune’s Washington corres pondent says Judge Davis’ letter of ac ceptance of the workingmen’s nomina tion is a forgery, concocted by a newspa per correspondent. At a meeting of the Directors of the Erie’Road, the report of Superintendent Rucker was made, showing that the con dition of the road is good. A loan of §1,000,000 from Bischofiheim & Gold schmidt of London, has been accepted. Seventeen additional small-pox cases were reported yesterday, six of which were concealed. Minister Schenck was among those ejected from the Honse of Commons last night, during the excitement over Dilke’s resolution. New York, March 22.—The Liberal Republican party held its first meeting last night, and resolved to send delegates to the Cincinnati Convention. New York, March 22.—Seventy new cases of the small pox have been report ed daring the week. The house of A. T. Stewart has been abandoned-to a servant who has a most violent case. New York, March 25.—At a meeting of the International Society letters from Switzerland were read, stating that 207 glass-blowers had been discharged be cause they belonged to the Society. A speaker announced that he had been discharged from a lithographic establishment for Internationalism. Sub sequently the whole force quit work, The printers of Toronto sent a dispatch asksng the privilege of joining the Soci ety. One speaker deprecated making a political thing out of the organization. Twenty-one new small-pox cases have been reported since Saturday. Eight hundred employees .of Stewart were vaccinated to-day. Erie stock advanced to-day Irom 52 to 56f, with numerous sales on foreign ac count. The Coroner’s Jury to investigate the death of a lady from laugliiBg gas in a Dentist’s chair is composed of eleven doctors. One hundred and six small-pox cases, and twenty-two of cerebro spinal menin gitis, occurred in Brooklyn last week. — : * . NEWS FROM ALL DIRECTIONS. Baltimore, March 20.—Wm. Schley, a lawyer, died in the Marino Hospital of small-pox. He was 72 years of age. Wilmington, N. C., March 21.—Re ports from the Lowery outlaws are very conflicting. Boss Strong has not been seen since he was reported killed, and Henry Berry Lowery has been missing several weeks. Henderson, correspon dent of the N. Y. Herald, who has been with the outlaws several days, with the alleged object of interviewing them, for that paper, is said to have been out lawed by a board of magistrates of Robe- matter, baggage ana part of the mail mat ter were burned. Montgomery, March 20.—John C. Stanton lias brought suit in the United States District Court for this State, against the'editors and proprietors of the Montgomery Advertiser for the sum of §100,000 for libel, the summons made returnable the fourth Monday in May. The defamatory language is alleged to consist in the charge that Stanton" had at tempted to rob and defraud the State, and obtain money aud other personal droperfcy under false pretenses. Jacxs^x, March 20.—The Supreme Court has decided that payments by rail roads to the State during the war in Confederate money were illegal, and the •indebtedness mast be paid in green backs. Some roads owe large sums, and this decision will relieve the State finan cially. The Court also decided that citizens are not responsible |for cotton destryed by order of the Confederate military au thorities. Savannah, March 22.—Important rail road matters are transpiring here. At a meeting of the Directors of the Atlantic & Gulf Road a proposition of certain par ties to lease the road for ten yeajfs was rejected, consequently six directors, rep resenting the Savannah interest,resigned. At tho last annual meeting of the stockholders a proposal was made to lease the road and extend it to its original ter minus, Mobile. The Central Railroad has purchased a controlling interest in the steamships belonging to lines plying between this city and northern ports. The effect qf this arrangement will be to give to the company the opportunity of regulating freights. • . Cincinnati, March 22.—James ‘C. Da vis shot his wife to-day. She was a cir cus performer, and known as “ Rosa Da vis.” Hd says the shot was accidental. A Frankfort dispatch says the amend ment to the ^Cincinnati Southern Rail road bill has passed the Kentucky Sen ate by a vote of 16 to 14. It removes all restrictions and taxes upon the road, ex cept the Holt amendment, which re quires a tax upon freight. Richmond, March 19.—A fire at the Tredegar Iron Works this morning burned the cooper-shop and stables, to other with nine horses and mules. Loss 10,000, which was fully insured. Ogdensburg, March 19.—Maria Shea died last night of abortion. Cincinnati, March 19.—The business portion of Laurel, Indiana, has been nearly destroyed by fire. Loss §150,000, Rkovidence, R. L, March 20.—The Democratic Convention nominated Olney Arnold for Governor. After some debate upon the propriety of sending delegates to aN dional Convention, not yet called, delegates were chosen to the Democratic National Convention, if one is held. No resolntions were adopted. A central committee was appointed and the Con vention adjourned. Louisvlle, Ky., March 21.—The Falls Car Works, of Jeffersonville, Indiana, have been burned. They covered five acres of ground. Seven hundred men are thus thrown ont of employment. One man was burned. The loss is §500,- 000; Insurance §300,000, the most of which is in Northern companies. The men lost their tools, and many made nar row escapes. Dusseldobf, March 21.—The City Hall and Academy of Arts has been burned, together with the famous paint ings. • Altoona, March 20. — The Logan House has been partially , burned. Loss §60,000. Philadelphia, March. 22.—The South ern Express train encountered a broken rail to-day near Johnstown. Two were killed, and six seriously, and thirty slightly hurt. No Southerners are on the list. San Francisco, March 22.—The Ore gon Republican State Convention in dorses Grant and Colfax. Mazatlan is closely invested by the Juarists, and must fall soon. New Orleans, March 25.—The South bound train, on the Mobile and New Or leans Railroad, was wrecked to-day, by a culvert giving way near Ocean Springs. Several passengers were severely injured, but none were killed. Judge Abell, this morning, sentenced James H. Henry, Deputy Constable of the First Justice Court, to three years imprisonment in the penitentiary, for embezzling §48, entrusted to him by a lady to pay he? taxes. It has been raining all day. INERESTING FOREIGN-NEWS. son county, and his arrest ordered. It is not supposed that he will be detained by I the relations with the United States. London, March 19.—In the House of Lords this evening Baron Redesdale said he had no wish to embarrass the Gov ernment. He thought rather that an expression of opinion on the part of this House would be useful. He, therefore, gave notice that he should introduce a resolution declaring that it is the common interest of all nations to decide whether, when belligerents have been re conciled and become one nation, they can demand as such from neutral State indemnity for damages done one of the belligerents. Redesdale said if this resolution was carried he should move an address to the Grown, praying that an International Congress be called by Great Britain for the settlement of this question The Earl of Derbyjgave notice that he should ask the government what course it intended to pursue with regard to the Treaty of Washington. In thej Honse of Commons Disraeli gave notice that he should bring to the consideration of the House the state of Gladstone said he was sorry he was unable to answer the question. He had had .no opportunity to giVe the subject the consideration it demanded, or to con sult with his colleagues. Horseman intimated that he should report the question to-morrow. London, March 19,—The press of the city this morning, in commenting on the statement to the House of Commonslast night relative to the reply of the Ameri can Government to tho Earl Granville’s note, generally express the opinion that the communication of the Premier will create disappointment and apprehension throughout the country. The govern ment is urged to bring the present diffi culty with America, arising out of the claims for indirect damage, to au amica ble and honest solution. Granville announced in the House of Commons that a reply to American’s note will be dispatched on Thursday, and the honor of the country will bo maintained. 'Cheers.] London, March 20.—Sir Travers Twiss has resigned his office as the Queen’s Advocate General. A meeting was held in London yester day to take preliminary steps for organ izing a copyright association, with the object of protecting authors and pub lishers. j. Sir Charles W. Dilke’s resolution to in vestigate,the expenses of the Crown, cre ated intense excitement in the ’ House. Herbert, who seconded the motion, de clared he preferred a Republic to a Mon archy. The vote stood: yeas 2; nays 274. Gladstone, replying to questions in the House, said Parliament would be in formed at all times of the spirit, aim, direction and policy of the Government on all important questions. As far as the Alabama claims were concerned, he believed the speech of Her Majesty on the opening of tue session gave all nec essary information. Gladstone, in con cluding, said it would be impossible for the Government to delegate to Parlia ment the power of making treaties. London, March 22.—The daily Tele graph of this morning states that Earl Granville’s second note, with regard to the Alabama claims, was delivered to General Schenck on Wednesday. It does not recede from the position taken in the first note, and reiterates the repudiation of the claims for indirect damages; but proposes that counter claims on both sides be lodged with the Geneva Board of Arbitration. London, March 21.—A driving snow storm, the first that has occurred in four teen mouths, has prevailed here all the morning. The city is envenolped in a dense fog at this hour (1:30, p.m.) The day is as dark as at midnignt. It is stated that Oxford declines to row against Cambridge, and the University race is off. London, Mareh 25.—Tho iron-clad, Thunderer, turreted, carrying ionr guns, of 35 tons each, has been launched. Paris, March 19.—The precautions which were taken by the Government for the suppression of demonstrations to cele brate the first anniversary of Revolt of Commune, have proved to be unnecessa ry, as the day passed off without any manifestation in this or other cities, and all was quiet. Paris, March 21.—It has been proven that Marshal Bazaine dined with Prince Frederick Charles of Prussia shortly be fore the surrender of Metz. The Minister of the Interior asks a large increase of appropriations for po lice expenses. Paris, March 22.—Emiot, a Com munist incindiary, and seven of the mur derers of the Rue Saxo, have been con victed and sentenced to death. Many other Communists have been pronounced guilty of similar crimes and sentenced to transportation. Rome, March 21.—It is rumored that a treaty is pending between Prussia and Italy, whereby Alsace and Loraine are guaranteed to Prussia and Rome to Italy. Havana. March 22.—]The Spaniards have captured the Cuban General Siope- na, with five of his companions, in the mountains of Trinidad. Madrid, March 25.—Don. Espartero, notwithstanding his declination, has been nominated to the Cortes from Madrid. Madrid, March 25.—The Ministerial Electoral Committee, after a careful can vass, make the Cortes consist of 150 Un ionists, and 170 Sagosta Progressionists. Rome, March 25.—It is' stated that Frederick Charles, of Prussia, while here advised a reorganization of the Italian army on the Prussian plan. the authorities of that countv. Louisville, March 21.—The steamer Charmer was sunk on the falls to-day. Her cargo-includes four hnndred barrels of flour. Cincinnati, March 2L—The Eastern train duo. at Fort Wayne, Indiana,'at 3 o’clock this morning, was thrown off by a broken rail. Fonr cars, including one sleeping car, were burned. The express Harseman reminded the House that he had already notified the Government of his intention to question it, and he begged for a reply now. Was Mr. Glad stone prepared to give Parliament the assurance that, in case fresh negotiations were entered upon, with the American Government, no proposals would be finally accepted until they had received the sanction of Parliament. The Hillyeb Bill, as it is called, gives the Senate a lien of the highest dignity upon the property of any defaulter, and follows up the property, no matter whose hands it may be in; and authorizes suit, and attachment to issue upon the infor mation of any citizen making oath that any person has defrauded the State, This attachment is to be levied upon any property of any defendant, &c. The 9th section of the act provides that if any defendant in such a suit shall swear that he honestly believes he has a bona f.de title to any property so attached, the informer shall be required within ten days to give good bond and security in a sum sufficient to secure him against costs and damages. It is under this section of the law that Mr. Scofield has made affidavit, and claims the security for which it provides. As we said before, we apprehend this clause refers to money, and not property; but if it snould be held otherwise, we suppose Maj. McCalla will prompily give the required security. Not Fair.—We learn .that witnesses, and others, required to attend the United States District Court, are paid for their onerous services in due bills; which, to bo cashed by brokers, must be subjected to a shave of ten per cent. Usually there has been an appropriation by the Government; bnt none is in band for this term. The Court here is not to blame; but the Washington authorities are, and they should be made to feel, if possible, the shame of this public mean ness and disgrace. Counter Action Commenced. —Mr. Lewis Scofield has made oath “that he honestly believes that all the. money re ceived by him from the State of Georgia or the Western and Atlantic Railroad is the property of himself, and that he has a legal bona fide title to the same; that he has received into his possession, no property or fund from the State nor from the Western and Atlantic Railroad, ex cept bojiafideiov value and without notice of any fraud; that all the allegations in the case brought against him upon tho information of Charles P. McCalla are false and unfounded; and he demands good bond aud security for all costs and damages incurred aud sustained by him by reason of said suit.” This was sworn to before Judge Butt the 22d inst.., (yesterday); it was also filed in the Clerk’s office of the Superior Court, who has issued official notice to Maj. McCalla, requiring him within ten days from the service of said notice to give good bond and security, payable to Lewis Scofield, and file the same in the Clerk’s office, for all costs aud damages which may be incurred by Mr. Scofield, in consequence of the suit. This pro ceeding is had under the 9th section of the Act of the 15th of December last, known as the Hillyer Bill. Mr. Scofield also, as President of the Scofield Rolling Mill Company, has made a similar affidavit, in which he avers, that he honestly believes that all the money received by the Company from the State or from the State Road, is the property of the Company, to which they have a legal and bana fide title, re ceived for value, without notice of any fraud, and that all the allegations set forth against the Company upon the in formation of Major McCalla, are false and unfounded, upon which he demands good bond and security for all costs, damages, &c. This affidavit was also made before Judge Butt yesterday; filed in the Clerk’s office, and a similar notice issued to Mai. McCalla. * Messrs. D. F. Hammond & Son, and B. H. Hill, are attorneys for Mr. Scofield. Mr. H.O. Hoyt Found—He is Report ed tore Insane.—We learn that Thursday Capt. J. L. Mathieson found Mr. Hoyt iu the woods, about seven miles from this city, and about three miles beyond his residence. He was near the road, and was catching and grabbing at the trees and their branches, and was entirely in- He carried him to his house, where even his family did not recognize him till he was in their very near pres ence—so altered was he in in his appear ance. L i We ar- < informed that Mrs. Hoyt says that about twelve o ’ clock on Monday night he suddenly rose out of bed and began to dress himself. She inquired of him what he was aiming to do, when he replied that he had just thought of a man who would go on his bond, and was going to see him. She urged him to wait till morning, but he replied, saying that when morning came the man would have his business to at tend to, and he would see him personal ly in the night while all was quiet, and was sure bjr so doing of securing his name on his bond. Mrs. Hoyt says she noticed that his language was a little less coherent than usual, and that his manner in dressing himself was unusual, while she thought strange of the sudden deter mination to go out in the night to secure some one to stand security for him. She did not know where he had gone, or whom he intended to see, and was very uneasy about him. Capt. Mathieson, we learn, refuses to claim the reward of §500 for the appre hension of Mr. Hoyt, offered by Deputy Sheriff Brown. Drs. Johnson and Alexander were sent for to see him. We have not, at this writipg, heard from their diagnosis or opinion of his condition. This is certainly a most remarkable case—one that has filled the community with wonder, aud will create astonish ment in the minds of all. His sudden severe illness some weeks ago, from which he had not recovered, was equally astonishing. His physicians then said it was caused by mental agony. In connection with what we stated of Mr. Hoyt’s case in our last, it is due to General Gartrell to say Judge Lochrane and Colonel Culberson were associated with him (the firm of Gartrell & Ste phens) as counsel, and that they also, with General G., expressed their desire that Mr. H. should not be sent to jail for the night, and expressed their full confi dence in his appearing before Judge Hopkins the next morning. It is also proper to remark that ar rangements had been made by which they believed Mr. H. would certainly have been able to give a satisfactory bond, whether it had been reduced in amount or not; hence they were much surprised when they received the report that he had disappeared. It is farther due to General Gartrell to say that he advised Mr. Hoyt not to sue out the writ of habeas corpus or attempt to give bond, but to go to jail. The w as done as a lawyer would advise a cli ent to that course which he believed would be best for him, and it was certain, ly good advice. Mr. H., however, was not willing to do this, and preferred give ing the bond. P. S.—Since the foregoing was writ ten, Dr. Miller, (the partner of Dr. Johnson who went in his stead), and Dr. Alexander, have returned, and th ey give the following certificates as to Mr.'Hoyt’s condition: ATUUtTA, Ga., March 21,1S72. As the Physician of H. O. Hoyt, I certify that his condition in mind and body is such as to justify and reqniro the officer in charge of him to allow him e > - er^omfort consistent with his safe custody, and in my opinion the conuty jail in its present crowded state is au unfit place for him in his existing critical state of health. II. V. if. AIillek. AT. D. Mr. Hoyt, and Mly concur^itt* above ^ p

Georgia Historic Newspapers

The Weekly sun. (Atlanta, Ga.) 1870-1872, March 27, 1872, Image 1