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THE ATLANTA W"*™re"T.Y SUN, FOR THE WEEK ENDING MAY 8 1872.
HE ATLANTA SUN
FROM THE DAILY EDITION OP
Wednesday, May 1st, 1872.
A Consequential Dackclown.
Grant and Fish are evidently about to j
take water—as the saying goes—in that j
little matter of a tbonsand millions of
dollars, or thereabouts, for consequen
tial damages. The dispatches, of yester
day, indicate clearly that the claims will
be withdrawn from the American
case, and the Geneva Board, be permit
ted to proceed with the arbitration with
out being obliged to make any reference
to them.
The whole matter of these claims was
tramped up as an election card for Gene
ral Grant. Neither he nor Secretary
Fish ever had any hope that it would win;
but they did hope that it would stave off
final arbitrament of the Alabama claims,
at least during the present canvass, and
permit Grant to talk big and make a big
show of buUyiDg England into his terms
of settlement. It would have been a big
card for him, if he could only have
played it.
But the American people were not de
sirous of any such electioneering trick
ery. Grant’s severest opposition was
from the people of the United States,
who were determined that there should
be no rupture of the peaceable relations
now existing between the United States
and England upon so vain and flimsy a
pretext as the claims for indirect dam
ages. Grant will hav.fi to back down, and
Fish, if his term was not so nearly ended,
would have to retire from the cabinet in
consequence.
Republican Unity.
The Grantites of the Eadical party
held a Convention at Romelast Saturday,
for the purpose of nominating delegates
to the Convention, which meets in Macon
on the 8th. Among other “ loyal” and
“patriotic” resolutions, the following
was adopted:
2d. That we hail with gratification the present bar-
monv and good feeling in our party rants, which
foreshadows renewed faith in the Republican ban
ner, under which reconstruction has been accom
plished, under which universal liberty has been pro
claimed, under which equality under the law has
been adjudged, and under which universal peace
will ultimately be attained.
This, perhaps, needs a note of expla
nation, in order to make its meaning
perfectly apparent. "When it refers to
the “present harmony and good feeling
in our party ranks,” to be understood, it
must be borne iu mind that there are
two distinct Republican parties in the
United States. One of them holds all the
Federal offices in the country, and the
other meets in Convention at Cincinnati,
to-day, to make a strong effort to get
control of the offices. The Republican
party is certainly a unit in one thing, and
that is a desire to hold office. On other
points its “harmony” is incomprebensi
ble.
Lump Ivin County Presentments.
The last number of the Dalilonega
Signal contains the presentments of the
Grand Jury of Bumpkin county, from
which we make a note or two.
The jury fonnd $18 99 in the treasury;
and pronounce the new jail to be well
built, and just the thing the county
needed. They recommend the sale of
jail bonds—$2,000 worth of which have
been printed—at not- less than seventy-
five per cent, on their par value.
They announce the election of a Board
of School Commissioners composed of B.
F. Sitton, John P. Owenby, E. B. Wills,
L. L. Reed and John D. Dickerson; and
then proceed to express their dissatisfac
tion with the present Public School
System.
They recommend that the Ordinary
investigate the commissions of the Tax
Receiver to see if lie has not received
more than the law allows.
Tall Clover.
The Thomaston Herald has a bunch of
clover two feet in bight, grown on the
farm of Joel Bankston.
Our neighbor of the Constitution has
seen a stalk three feet in bight.
The Macon TelegragJi's stalk is forty-six
inches high.
The Monroe Advertiser marches to the
front waving a stalk that has attained
the altitude of forty-six inches.
Hence there is “a tie” between the
last-named agriculturists. One of them
ought to have “stretched” its (s)talk out
a little more.
Revelations of tile Census—Cli g Ac-rcli
commoilatlons ami Property.
The statistics of religion for the
United States just completed at the
Census Office show the total number of
church organizations upon the 1st of
June, 1S70, to be 72,451; the total num
ber of church edifices to be 63,074; the
total church accommodation to be 21,-
659,562 and the aggregate value of
church property to be $345,429,581.
The statistics of chnrch accommoda
tion for the principal denominations are
as follows:
Raptist, regular 3,997,116
Baptist, other 363,019
Roman Catholic 1,990,514
Congregational 1,117,212
Episcopal 991,051
Lutheran 997,332
Methodist 6.523,209
Presbyterian, regular 2,193,900
Presbyterian, other 499,344
The value of church property owned
by these denominations is:
Baptist, regular $39,229,221
Baptist, other 2,378,977
Roman Catholic 60,935,506
Congregational 25,069,698
Episcopal 36,514,549
,r U 15 cr , an 14.917,747
Methodist 69,854,121
Presbyterian, regular 47.828 .732
Presbyterian, other 5,436,524
SUN-STROKES.
—“Where is the New Orleans Report?”
asks the Boston Post. The Gatling guns
were not fired, hence there is no report.
The Courier-Journal says “the first
ark-tic explorers” were “Noah’s bed
bugs.” If it could be impressed upon
the minds of the public that* Noah ever
admitted a pair of bed-bugs into the ark,
it would ruin all the great respect for
that navigator that has traveled so far
down the channels of history.
— The Boston Post says: “Georgia
has a beautifal blonde preacher.” Who
is she? —
“North Carolina has 4,000 Qua
kers.” Yet all of them never did us much
mischief as tlie one quaker they had out
in Californ ia a few days ago.
— The periodic talk of Tennyson’s
coming to America is revived. [ If the
poet ever contemplated a visit to this
country he should have come some years
age, before his popularity had become
obscured.
— A Michigan paper is called The
Syndicate. If it has no more subscribers
than Boutwell’s syndicate paper, it is in
darfger of perishing.
— When Knoxville beanx court late
and long, without coming to the point,
the girls have their revenge by present
ing bills for gas consumed.
»-*--< •
Recorders’ Court. — Mary's Lamb,
Again.—His Honor suddenly remember
ed yesterday moaning, after reaching
court, that he had forgotton to wake up
that morning, so excusing himself, he
said he would go back home, get up,
dress, eat his breakfast and return. It
seemed a little singular and incompre
hensible that Itis Honor should talk in
that manner after having been on the
streets three or four hours; but then we
ought not to presume to fathom the
thoughts of others.
POOR, PERSECUTED, LITTLE “MARY,”
was before His Honor yesterday morn
ing, pleading for deliverance from her
pet lamb. Mary had but little to say
herself, but she brought a fearless advo
cate with her, who could say the most
formidable things in the most delicate
way. Said he:
“Mary had a little lamb.
She had it in the garden,
And every time it wagged its toil
It spoilt her DoUy Varden.’’
His Honor (we imagine) was tempted
to say: “ Darn her Dolly Varden,” but,
on reflection, remembered that dresses
did not admit of “darning,” so hs inno-
cently exhorted Mary to “stand from be
hind”—out of rangfi of the obnoxious
tail. We think Mary, her lamb and
Dolly Varden, all ought to be kicked to
the d—d dogs.
MISS NELLIE JOHNSON
took too much whisky in her coffee the
other morning. She was consequently
rescued from a painful position by a
passing policeman, for which littlo gal
lantry she paid $5 and costs.
MISS MARY HAYDEN
was a modest brunette of abont 90 sum
mers. She had just concluded a con
tract with a private mantna-maker to
prepare her wedding trousseau, but alter
deliberate consideration, sbe concluded
sbe was too young to marry. She now
thinks she will defer her marriage until
doomsday. She had to pay the mantua-
maker $5 and damages, and the costs for
blighting the young heart of her be
trothed. »
ANNA DICKINSON AND HUSBAND,
(that was the style of the family address),
were accused of disorderly conduct. It
seemed that “Husband” called his dar
ling Anna a “darned liar,” whereupon
Anna slapped his jaws. “Husband'
then stamped Ler, when Anna tore his
shirt off, and then “Husband”
kicked her into the street.—:
They, however, said they
“jus’ playin’; they’d lived together peace
ably two years, an’ they’d been playin’ that
way all de time.” His Honor concluded
there must be something very fascinat
ing abont that kind of game; said he sup
posed it was the game he had so long
heard of called “kicking up the Devil, “
and dismissed the loving couple.
JOHN DEWBERRY
was charged with disorderly conduct, and
old aunt Charlotte Buntley was called
up as witness. Said His Honor: “Tell
us what you know about this fuss Char
lotte.” “Well,” said Charlotte, “John
was bom Feb. ” “Oh, well never
mind when John was born,” said His
Honor; “tell us about the fuss.” “Well,
lor bless your soul, honey, de fuss begun
de minit he was born, an’ he’s kep’ it up
eber sence.” His Honor dismissed
John.
LETTER FROM CRAW FORD VILLE.
the WEATHER, CROP AND FRUIT PROSPECTS—
TILLAGE IMPROVEMENTS—BUSINESS, AC.—
SMITH AT BIRD’S CHAPEL.
a
DR.
Crawfordvtlle, Ga.,
April 29, 1872,
Messrs. Editors of The Sun: Complying
with your request for a few lines of local
news occasionally, I send you this com
munication, hoping it may not be unin
teresting to your readers.
The leading topic here just now is the
weather and the prospect of farmers and
planters. On this subject of so much
interest everything is of a much more
cheerful character than it was a few weeks
ago. The suspension of rain for the last
eight or nine days, and the commence
ment of the first “warm term” of the
season, have had a most favorable effect
npon all planting operations.
Farmers have generally got their
upland corn in the ground, and many
of them are nearly through with
planting cotton. In some fields the com
is now up and looking well. The hail
storm last week that did so much damage
near Union Point, an account of which
appeared in the last Weekly Sun, passed
through this vicinity, and did a good deal
of injury to a few farms. Messrs. Wil
liam and Henning Mnrden, I believe,
were the greatest sufferers. But generally
very little serious damage was done by it.
There is at present, throughout this
section, the prospect of an abundant crop
of Apples, Peaches, Pears., and other
fruits. While this is the state of things
in the country, it may not be out of place
to add that our little town is not behind
the times in improvement, both in ap
pearance and business. Several new
residences, built on a very neat style,,
have been put up within the past few
months. The Messrs. Norton, active and
enterprising carpenters and builders, with
a large force, are constantly at work, with
as much as they can do.
In the Mercantile line, we have five
or six extensive business houses—deal
ing extensively in provisions; besides a
general assortment of dry goods.
The Messrs. Hammock have increased
their force in the manufacturing of their
celebrated gins, which shows how highly
they are appreciated where they have
been tried.
The wagon and carriage factory ^>of
the Messrs. Chapman & Gorham is one
of the best anywhere. No better work
than theirs, in their line, is put up in
any part of the United States.
We also have two Schools, which
should not be omitted in these items of
local news. One is the Academy, in
charge of Capt. D. N. Sanders. This
is in a most flourishing condition.
The other is a colored school, in charge
of a white lady of culture, and to the
“manor” bom. There is, perhaps, no
part of the Southern country in which
the proper relations between the two
races are more harmoniously sustained,
with results beneficial to both, than in
this vicinity. This was strikingl/ ex
hibited yesterday.
The Rev. Luther M. Smith, D. D., of
Oxford, ex-President of Emory College,
according to announcement, preached
in the forenoon in Bird’s Chapel, and was
to preach there again at night. The
day was beautiful. He had a large audi
ence of whitep. He delivered one of
his most eloquent and stirring gospel
appeals.
A deputation of colored people, soon
after his sermon was over, waited upcm
him, and urged him to address them in
the afternoon. They were not members
of his clihrcb, but desired to hear him.
He yielded to their request, and gave
them a sermon of great power, attended
with the most beneficent effects. This
was rather overtaxing the speaker, as he
was to preach again according to ap
pointment. He was fully equal to the
work, however, and went through with
the labors of the entire day without any
apparent exhaustion, either mentally,
physically or spiritually.
This was Dr. Smith’s first visit to our
village, and I need hardly add, as infor
mation to those by whom he is known,
that he made a most favorable as well as
profound impression upon both black
and white. The general desire is that he
will come again. Taliaferro.
Superior Court, April 30th.—B. C.
Levy & Co. vs. J. B. Murphy—Complaint
Yerdict for $50 50 for plaintiff.
Geo. W. "Wylly vs. Henry R. Christian.
There being no issnable defense, a ver
dict for $160 principal, and $21 16 inter
est, for plaintiff.
Washington A. Bridges vs. Liverpool
London and Globe Insurance Company—
Assumpsit. Nonsuit awarded.
Phillips & Wood vs. Blansville Estate.
Being no issnable defense, judgment for
$235 56 .principal, and $78 05 interest,
awarded.
The case of T. D. Lynes vs. P. Dodd,
claiming compensation for damages from
assault and battery, was commenced and
continued till this morning.
Personal.—We had the pleasure of a
call yesterday from Mr. R. A. Harrison,
the principal manager of the great pub
lishing enterprise which includes the
Southern Recorder, Milledgeville, the
Times and Planter, Sparta, and the
Record and Repository, of Sparta and
New York.
The last named paper is a very large
quarto, most handsomely illustrated, and
is really one of the finest family papers
we have seen. It is published monthly,
most beautifully printed, and edited
with much ability. It is devoted to Bi
ography, Household Talk, Agriculture,
Literature, Science, &c., &c.,—in short,"
everything necessary to make a first class
literary or eclectic periodical. We invite
special attention to their advertisement.
An. Immense Undertalcing.
Death of a Famous Race Horse.—
Vandal, one of the best race horses of
his period, died near Nashville on the
night of April ISth. He was the prop
erty of General Harding, of Tennessee,
and he is a serious loss, not only to his
owner, bnt to the stock-raising country,
as all of bis sons are either dead or have
failed to establish for themselves a repu
tation equal to that of their sire.
Census ot Spalding County.
The total population of Spalding coun
ty is 3 0,116. The population of Griffin
is put down 3,421, of whom $1,5S8 are
colored.—Middle Georgian.
The Scientific American, in calling at
tention to the statement of an Italian
journal that the recent visit of the Rus
sian Czar to the Southern part of his
Empire, had particular reference to the
projected junction of the Caspian Sea
with the Black Sea, says:
The entire length of the whole canal
would be six hundred and thirty Russian
versts, about four hundred miles, though
the mountain chain to he pierced only
measures eight versts, or about five
miles. It is calculated that thirty-two
thousand laborers will have to be em
ployed for fully six years in order to com
plete the undertaking.
Quite apart from the direct commercial
advantages which would result from the
completion of this canal, it would serve
to replenish the Crspian Sea with water,
a highly important consideration. Dur
ing the last decade, and even longer, a
remarkable reduction of water was no
ticed, so much so that the final extinc
tion, that is exsiccation of the sea was
apprehended. The result would not
only be malarious in the extreme,
but also destructive of a great source
of we<h, namely, the sturgeon,
sterlet, and seal fisheries. Many
thousand persons are at present employed
in these fisheries (chiefly at Astrakhan),
by whom eighthundred thousand pounds
of cavier alone are annually obtained.
An insurance of water supply to those
persons would, therefore, give renewed
stimulus to their local enterprise, though
the same may not be nearly as important
as the effect on commerce at large.
SUPREME COURT DECISIONS.
Delivered at Atlanta, Tuesday, AprilZO, ’72.
Willis Young, Sr., vs. N. B. Brown.—
Homestead, from Screven.
WARNER, C. J.
This case came before the court below
on appeal from the Court of Ordinary
of Screven connty.
It appears from the record that Willis
Young, Sr., as the head of a family, ap
plied lor a homestead, which was object
ed to by Brown & Co., his mortgage
creditors, but was allowed by the Ordi
nary.
An appeal was taken to the Superior
Court, and on the trial of that appeal,
the jury found that the applicant was
notjentitled to a homestead as the head of
a family, and judgment was entered upon
that verdict. Afterwards, in January,
1871, the said Young again applied to
the Ordinary tor a homestead on the
same land, which was allowed, and an
appeal was again taken to the Superior
Court,
* When the case was called in the Supe
rior Court, Brown & Co., the appellants,
moved the court to dismiss the applica
tion for a homestead, on the ground that
the right thereto was res adjudicata.
The applicant then moved the court to
amend his petition for homestead, by
inserfeng an additional ground for home
stead, to-wit: a new right of homestead
whichhad accrued since the former judg
ment, bat which was not included in his
petition to the Ordinary. The court re
fused to allow the 'applicant to amend,
and dismissed his application for home
stead, whereupon the applicant excepted,
If the appellant relied on the former
judgment as a bar to the second applica
tion, he should have plead the same in
bar, and then the question would have
been made whether, under the evidence
submitted, and the law applicable thereto,
the former judgment was a bar to the
second application.
In our judment the applicant had the
right to amend his petition in the Su
perior Court so as to show such facts as
would entitle him to a homestead as the
head of a family, which did not exist at
the time of the rendition of the former
judgment. Whether the evidence of his
new right to a homestead as the head of
a family would have been sufficient to
release him from the bar of the former
judgment, was the question to be tried,
and about which we express no opinion
Neither do we express any opinion as to
the right of the applicant to have a
homestead on the land as against the
mortgage of Brown & Co. All that we
do say is, that he was entitled to be
heard, and that the court erred in dis
missing his application without hearing
the evidence. Let the judgment of the
court below be reversed.
John D. Ashton, J. C. Dell, J. L;
Singleton, represented by Julian Hart-
ridge and R. H. Clarke, for plaintiff in
error; W. Hobby, J. R. Saussy, contra.
Henry Beiber vs. The State. Accessory
after the fact, from Chatham.
WARNER, C. J.
The defendant was indicted as an ac
cessory after the fact, in baying and re
ceiving stolen goods and chattels, under
the 4420th section of the Code. On the
trial of *the case, the defendant was
found guilty, and a motion was made for
a new trial, on the grounds specified in
the record, which motion was overruled
by the court, and the defendant ex
cepted.
If the defendant had been indicted
for a misdemeanor as an accessory after
the fact, under the 4243d section of the
Code, we will not say that the objections
urged by the defendant’s counsel would
not have been well taken; but the de
fendant was indicted under the 4420th
section, which creates a distinct offense.
That section of the Code declares that
“If any person shall buy or receive any
goods, chattels, money, or other effects
that shall have been stolen or feloniously
taken from another, knowing the same
to be stolen or feloniously taken, such
person shall be taken and deemed to be
an accessory after the fact, and shall re
ceive and suffer the same punishment as
would be inflicted on the person convic
ted of having stolen or feloniously taken
the said goods, chattels, money or ef
fects so bought or received. The term
“feloniously taken,” in this section, is
used, not to indicate that the defendant
is guilty of a felony, but to show the in
tent with which the goods were taken
from the owner by the principal thief.
There was no error in admitting the testi
mony of Johnson.—Code 3798.
It is assigned for error that the court
overruled the defendant’s motion to
quash the indictment after verdict, on
the ground that two of the grand jurors,
who found the bill of indictment against
the defendant, were stockholders in the
Central Railroad & Banking Company;
the said Central Railroad & Banking
Company being the prosecutor, which fact
was not known to defendant until after
the trial. The record shows that William
M. Wadley was the prosecutor, and not
tlie Central Railroad and Banking Com
pany. There is sufficient evidence in
the record to sustain tlite verdict of the
jury. In our judgment, the motion for
new trial was properly overruled.
Let the judgment of the court below
be affirmed.
A. W. Stone, G. W. Wilson, repre
sented by George S. Thomas, for
plaintiff; A. B. Smith, Solicitor General,
by biief, contra.
Williams & Lee vs. Robert E. Wyly, Com
plaint, from Pierce.
WARNER, C. J.
This was an action brought by the plain
tiffs, who were partners, against the de
fendant on a promissory note.
The defendant plead a partial failure
of consideration, alleging that one of the
mules, for which the note was’given was
unsound at the time of the sale, and of
no value, and that the consideration, so
far as that mule was concerned, had faile 3,
to-wit: in the sum of one hundred and
fifty dollars, of which the plaintiff* then
and there had notice.
On the trial it appears from the evi
dence in the record, that the jplaintiffs
sold to the defendant two mules and a
wagon—one of the mules being blind;
that the defendant had paid the plaintiff^
one hundred and fifty dollars, which was
credited on the note. One witness tes
tified that the unsound male, which died
was the inducement to the purchase. ’
It also appears from the evidence that
the mule was sick before the sale, and
one witness testifies that he, one of the
plaintiffs, was told before the sale that
the mule was sick and diseased, and
would die on his hands, to which he re
plied: “We’ll patch him np; perhaps
he would get well enough to sell, and we
will get rid of him.” Shortly after the
purchase, the mule died, and after the
death of the mule, he, one of the
plaintiffs, said the mule was not worth
anything, and defendant ought not to
pay for him.
The court charged the jury that if they
found, under the evidence, that the
mule was sick or diseased at the time cf
the sale, and died of the disease, that it
was a partial failure of consideration, and
defendant was entitled to a verdict. The
jury fonnd for the defendant, and
plaintiffs made a motion for a new trial,
on the ground of error in the charge of
the court, and because the verdict was
contrary to the evidence, which motion
was overruled and the plaintiff’s ex
cepted.
The error alleged to the charge of the
court, is that this defense of partial
failure of consideration was not a good
defense to the note under the facts of the
case, unless there had been a warranty of
the soundness of the mule, or deeit on
the part of the plaintiffs when the sale
was made. Whatever might have been
the rule by the common law in relation
to this question, our Code has modified
that rule, if it has not entirely changed
it. “If the consideration, apparently
good or valuable, fails, either wholly or
in part, before- the promise is executed,
such failure may be pleaded in defense
to the promise. II partial, an apportion
ment must be made according to the
facts of each case.” (Code, sec. 2706.)
“Whenever an action shall be com
menced at common law, founded upon
any contract, the defendant in such ac
tion may plead and give in evidence
to the jury upon the trial thereof, that
the consideration upon which said con
tract was founded, has totally or par
tially failed. Such plea shall only be
pleaded in cases between the original
parties to the contract or their privies
or assignees,whose title has been acquired
with notice, actual or constructive, or by
operation of law.” (Code, 3421.)
If there is no express covenant of war
ranty in the sale of a chattle, the seller
warrants that he has a valid title and
right to sell; that the article sold is
merchantable, and was reasonably suit
ed to tbe use intended; that he knows
of no latent defects undisclosed. (Code
2609.) In this case the evidence is that
one of the plaintiffs, who were partners,
knew that the mule was diseased, which
fact was not apparent to the purchser,
nor disclosed by the seller. Although
the charge of the court may not have
been teachnically correct, yet it was sub
stantially so in view of the facts of the
case, and when it appears from the evi
dence in the record that justice has been
done, a new trial should not be granted.
(Terhune vs. Dever, 36th Ga. Rep., 653.)
Let the judment of the court below be
affirmed.
W. B. Fleming, W. H. Dasher, repre
sented by S.. B. Spencer, for plaintiff
in error; no appearance for defendant.
William D. Oliveria, Justice of the Peace,
vs. the State. Malpractice, from Chat
ham.
McCAY, J.
In an indictment against a magistrate
for willfully and knowingly demanding
faore costs than he Was entitled to by law,
it is not sufficient, as in ordinary cases,
to set forth the offense in the language of
the Code. The indictment must, as the.
section creating tlie crime provides, “spe-
eitliy set forth the merits of the com
plaint,”'and is defective unless it specify
the items of costs actually due, as well as
the amount demanded or received.
P. W. Meldrim, for plaintiff in error;
A. B. Smith, Solicitor-General, by brief,
contra.
Griffin & Clay vs. William J. Marshall
and John W. Anderson’s Sons & Co.
Claim, from Chatham.
McCAY, J.
Under the Judiciary Act of 1799, and
tbe Act of 1839 amendatory thereto, a
mortgage on personal property, executed
by one non-resident of the State at the
time, may, if the property be brought
into this State, be foreclosed in the
county where the property may be found,
and section 3895 of the Code, providing
for the cases therein mentioned does
not repeal the Acts of 1799 and 1839, in
this respect. - Judgment reversed.
Law, Lovell & Falligant, J. R. Saussy,
for plaintiff in error. Hartridge & Chis
olm, contra.
Sarah Houston, et. al., vs. William David
son, el al. Equity, from Chatham.
McCAY, J.
Under the Act of 1816, illegitimate
brothers and sisters born of the same
mother,and their representatives, inherit
from each other in ?he same manner as if
born in lawful wedlock, and if at the
death of an intestate the brothers and
sisters be all dead, their children take
pet' capita and not per stirpes just as do
legitimates under the same circumstances.
2. The act of 1859 and the Code, sec
tion 2448, providing that representation
among collaterals shall extend to the chil
dren and grand children of brothers and
sisters, extends also to distribution
among the brothers and sisters
of illegitimates and their repre
sentatives, but if all the brothers and
sisters be dead, leaving children, and one
of the nephews be also dead, leaving
children, the division is still per capita
among the nephews and neices, the chil
dren of the deceased nephew or neice
taking among themselves the shaie that
would have fallen under the per capita
division to their deceased parent. Judg
ment reversed.
. J. J. Pope, represented by Julian Hart-
ridge, for plaintiff in error; J. R. Saussy,
centra.
Stephen Hollingsworth vs. Oliver Smith
et al. Equity, from Upson.
McCAY, J.
Where one had procured a homestead
to be set off to him under the Constitu
tion of 1868, in a certain tract of land,and
had filed a bill against a creditor, who
was about to sell the same under a judg
ment for the purchase money, and the
court refused to charge the jury that if
they should find that the debt was in
fact for the purchase money, and the
homestead therefore subject, they might
still enjoin the execution as to fifty acres
of the land, on the ground that this was
exempt from levy under section 2013 of
the Code.
Held: That there was no error in this
refusal. To charge such a decree, would
have been foreign to tbe objects of the
bill, and au improper finding under the
pleadings in this case. Judgment af
firmed.
A. M. Speer,, by brief, for plaintiff in
error; Smith & Alexander, J. I. Hall, re
presented by the Reporter, contra.
James L. Hilton vs. F. W. Sims
Complaint from Screven 8 U.
MONTGOMERY, J.
Where a planter, in March, 1869
his factor a note for $2,000, secmJ\ Ve
mortgage of realty, as collateral sS
for all advances made by the factor ^
to November 1st, 1869, at whfefi
tbe planter owed the factor about 8i
and after that time the planter ’
ward cotton, which the factor Sit
more than $1,300, but the planted ll° r
npon him by draft in favor of difw'I
persons as he forwarded his cotton 2
the factor took up notes of the plantert
an amount large enough to absorb ^
whole proceeds of the cotton !
about $650, which was credited 0 ,wi P
amount due the factor on November Lt
the note and mortgage are still
eral security for the balance due a
factor The drafts b y the plaX r “'
the notes taken up are an apnrnnri,,*-
of the proceeds of the cotton Kfe
other than due the factor on NovamW
1st, 1869. Judgment affirmed “
W. Hobby, by brief, for plaintiff i n
error; John C. Dell, J. B. Saussv
contra.
The Savannah & Thunderbolt Bailroad
Company rs. The Mayor and Alderman
of the city of Savannah. Iui unction
from Chatham. J 0D >
MONTGOMERY, J.
1. The State has the same right of
eminent domain over the streets and
squares of Savannah, dedicated to the use
of the inhabitants of the city, by act of
1760, and those since laid out upon tlie
common, dedicated by that act to tlie
same use, as it has over other territory
of the State, and may lay an additional
servitude upon such streets and squares
by granting to a corporation, the right
to run a street railway, whose cars are
drawn by animal power, through them,
without the consent of the Mayor and
Aldermen of the city.
2. The Mayor and Aldermen of the
city of Savannah have no such property
in the streets and squares of the city,
under the act of 1760, or any act amen
datory thereof, as entitles them to pe
cuniary compensation for the additional
servitude, so placed upon the streets and
squares by the Legislature. Nor have
they the right to an injunction restrain
ing the construction of the railway for
the benefit of the residents along such
streets and squares. If such residents
are damaged by the construction of the
railway, they will be heard by the courts
upon a proper case made. Judgment
reversed.
Hartridge & Chisolm, for plaintiff in
error; N. J. Hammond, contra.
Wm. W. Mitchell and Simon Lee vs.
John D. McElvin. Habeas Corpus,
from Chatham.
MONTGOMERY, J.
1. A colored child, bojn before the
9fch day of March, 1866, within what was
regarded as a state of wedlock between
its parents, while slaves, and who is ac
knowledged by its father, is the legiti
mate child of both parents. If the pa
rents separated before that date, and the
child remained with the mother, she is
entitled to the control of it during mi
nority. But if she voluntarily yield the
control to the father, and he takes the
child away with him, she cannot after
wards resume the control without the
assent of the father, no reason being
shown why the father should not retain
the custody of the child.
2. If, under such circumstances, the
mother is induced to sigu articles ap
prenticing the cnild to a third person,
under representations made to her by
that person, that if she did not do so,
he would send the child off to another
State out of her reach, the articles are
void as against the rights of the father,
and any master to whom he may have
apprenticed the child; and on a writ of
habeas corpus sued out at the instance of
the person holding the articles from the
mother against the father and the mas
ter to. whom he had apprenticed the
child, the child should have been re
manded to the custody of the respon
dents; especially where the mother tes
tifies that she does not desire to with
draw the child from the custody of the
father, and that she was induced to
sign the articles by the representations
made to her. Judgment reversed.
Rufus E. Lester, represented by P. "W.
Meldrim, for plaintiff in error; Hark
ridge & Chisolm, contra.
The New Orleans Rice Trade.
The New Orleans Picayune has the fol
lowing:
The receipts of Louisiana rice since
September 1st amount to 38,732 barrels
and sacks, compared with 40,516 same
time last season. In addition to the sup
ply there have been received 3,000 tierces
Carolina and 10,000 bags India rice, the
two latter being equivalent in weight to
16,000 barrels of the Louisiana product.
The imports of India rice are the
largest on record at this port. Indeed,
the direct importation of this article
from England has never been attempted
before on a large scale. New Orleans has
great advantages for controlling a large
portion of the trade of the country m
India rice, and importers have resolved
to make this a great rice market for the
foreign as well as the domestic product.
The greater part of this India rice has
been sold.to the "West, and shipped thence
at 15 cents per 100 pounds to St. Louis,
and 20@25 cents to Cincinnati. The
average rate from New York to these
points is 45@60 cents per 100 pounds.
There are some few difficulties to be
overcome in establishing this trade, but
importers feel confident of making New
Orleans tbe second rice market in the
country within a short time. It is said
that steam freight room from Liverpool
this way cannot always be bad at reason
able rates; but even a slight difference m
favor of New York will not injure the
trade. Our annual sales of rice now
amount to 18,000,000 to 20,000,000
pounds, and they can be increased to
double that, as the total consumption of
foreign rice in the United States amounts
to 63,000,000 pounds yearly.
There seems little prospect for the
early extension of rice culture in tins
State. The planting this season in the
upper parishes has been destroyed by
the low stage of the river, which pre
vented the fields from being inundated;
but it is now going on briskly. The
acreage to be put iu will probably be
about tbe same as that of last year, or
sufficient with our average season to turn
out 60,000 barrels of clean rice.
The baptism of an infant in Columbus
last Sunday was visited by four genera
tions of ancestors.