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THE ATLANTA WEEKLY SUN, FOB THE WEEK ENDING MAY 15 1872.
HEAT lanta sun.
from the daily edition of
Wednesday, May 8tl», 1872.
J. T.
HANCOCK DISCHARGED BY
JUDGE COWART.
Rf»Arrtitcil lby U. S. Authorities.
At ten o'clook^Tcticrclaj - morning Judge Cowart
resumed the consideration of the case cf J. T. Han
cock, and inquired of his counsel if they ware ready
to proceed, when District Attorney Farrow arose
and asked the Court upon what consideration or
question it purposed to proceed. He thought the
Court had adjourned for the purpose of determining
whether or not it could afford time for Mr. Norris to
make his return.
The Court replied that it had adjourned to con
sider the question in all its bearings, whereupon
District Attorney Farrow said:
" Has officer Norris placed himself in contempt of
this court ? If so, it becomes the court’s duty to
attach him for such offense. If there is no con
tempt, why is there no return; and how can the (
court proceed without it? The idea of Mr. Norris
declining to be servedis ridiculous. How can a man
For Tax 8cx.
BETTER FOM CAMDEN.
Bolingbroke, the seat of Col. Miller Hollowes—The
Arrow-Boot cultnre and Manufacture—Its great
profit—Statistics from the Agricultural Bureau—
Gigantic Ruins of Sugar Manufactory—The lste
Gen. John Houston McIntosh—Rencounter with
“Pizing Sarpant—a True Snake Story”—Scupper-
nong Grape culture—St. Mary’s & Western Ball
road Company—Col. McAdoo re-elected President
—The work begun.
Bolingbroke, Near St. Mart’s Ga.,
May 1st, 1872.
Spending a few days in this delightful
retreat, I resolved to give some account
of it to your readers. Bolingbroke was
the name bestowed on it by CoL Miller
Hallowes,now of Florida, when be became
its proprietor many years ago.- Col.
Hallowes is an accomplished Englishman
and conferred the name in token of his
admiration of the brilliant powers of
As an
refuse to be served ? Moreover. I know that he de- _ _ _ „
sired to make a return. He was in the act of making j Bora Bolingbroke as a Writer,
such return when he was'gobbled’up. Is'be pre-1 ardent friend to human liberty, Co)
Vnted from making this return by a combination Hallowes had fought through the war of
to obstruct the laws of the Government? Xo one ^ . T , , . „ ,
now seeks-to make . return for him; therefore, I Colombian Independence m South Ame-
aak that time be aUowed for him to make it himself." He* 1 with Gen. Bolivar; after which he
General Gariington—Yesterday the counsel for came hither to spend the later years of
the government submitted a proposition in writing, | bis ]jfe j Q tbig deligUtfnl seclusion.
asking that the Court adjourn, or allow sufficient
time for Norris to make his return, both of which
requests he withdrew when he withdrew th* writ
ten proposition; yet he renews the propositi .n this
morning. I confess! was prepared to meet no such
unexpected manoeuvre.
I again denounce the insinuation made by the op-
Bolingbroke is situated about seven
miles northwest of St. Mary’s. The
tasteful cottages, handsomely situated
under the giant oaks; the elegant but
now neglected shrubbery; the ruined
fragments of a large steam engine, and
posite counsel that there was a conspiracy. It is fc *ie grove of pecan trees, through which
wholly untrue. I say it would be an unheard of a glimpse of extensive fields is caught,
proceeding and a restraint of liberty to remand this united to make a romantic solitude. As
prisoner to jail to await the convenieuce of Mr. Nor- I write a grey squirrel gambols in the
ris, when the counsel avows he has all the pap<rs, branches of a. pecan tree, and like Col-
setting forth the authority of these arrests, in his ridge’s Devil,
possession. “Backwards and forwards he swishes liis tale
The conrtthen read from several authoriti -s, to As a gentleman swishes his cane;”
sustain him in the course which he had determined Tnis place is chiefly noted as having
to pursue, and remarked : In issuing the writ of illustrated, practically, the great success
Habeas Corpus, i am sustained by the counsel on with which the culture and manufacture
both sides. That writ has been served. I have now of the Arrow-root can be conducted here
no authority or excuse that the mind can corceive | Col. Hallowes devoted bis attention
Whereby I can hold this prisoner. I have no offi-1 ma inly to this object, and was eminently
cml information that he was arrested by United successful Tn +Ra ronnvf nt fi,,, TV J
States authority. Of course I cannot take the state- rep ° r T fc Depart
ment of counsel. Therefore, if. nothing more is for * b ISSoflf? 11 . Clty ’
done, I shrill feel bound to discharge the prisoner. y&U 18d ?’ (PP- 324-332) IS to be
Mr. Farrow—I can only renew my request that & , rac Y* m£ l r HCtlve paper on the
Mi. Norris be allowed to make his own return. I . jj 0i A.rro\v-root culture and manu-
TheCourt-Mr. Farrow, I wish to make a personal la ^P l e > at this place, by Col. Hallowes.
inquiry. What authority have I to suppose he will r'i 1 ® paper IS from the pen of Dr. Rob-
make any return ? Can I accept your word? I ert M. Battey, of Rome, Ga. From that
Mr Farrow—It is your duty to demand a return. d0Cum . en *'« ^ is clear that Col. Hallowes
If hereftxse, he will be in ebutempt of court, and was highly successful in the production
so long as hs is in contempt of this conrteven Judge | °^ arr °W-root; and that its culture and
Erskine can’t interfere in his behalf. manufacture could be easily made a most
The Court—Do I know by what authority he is profitable business throughout this re
fold? gion. Snch is the concurrent testimony
Mr. Farrow—That is whatthe Court is required to Of all persons who have witnessed the
fi “dout. operations of Col. Hallowes. The “war
The Court—Hive you not the warrant ? between the States” robbed him of his
Mr, Farrow—i have all the papers, but your Honor j laboring force, and exiled him from this
will not allow me time to go to Warrenton to get beautiful home. The place is now in the
Mr. Norris’ signature. (Here Mr. Farrow made possession of Capt. Robert N. Kin" and
some emphatic remarks about the decisions of the is for sale. A little capital invested-here
Supreme court of the United states npon the sub- in re-eStablishing the arrow-root culture
ject) • and manufacture, would pay extremely
courts 1
„ . A , , joaumauiure, wuuia pay extremely
Garhngton—It is competent for the State well' andtlisnld niaoliintim
to construe the constitutionality of such ques- , j’ macmntry, as Well as the
IUO cuui-uiuuuuauij Ol SUCH ques- I 1 j' -o ... , , - -— —
tions, and if it is neoessary I shall resort to this ex ia HCIS, AC., COllia be bought at marvelous-
FROH OUR ROVING CORRESPOND
ENT AND AGENT.
Interesting History of the County of McDuffie.
SUPREME COURT DECISIONS.
Delivered at Atlanta, Tuesday, May 7, ’72.
pedient.
Here Mr. Farrow read some decisions ana some l .i * - ..
comments on decisions of the United States Supreme ment > to found. in the Agricultural Re
Court in refutation of the position Gen. Gariington j poit mentioned, the production of arrow-
'“‘"•Jr*** ol better
his return. v quality than the finest Bermuda article.
ly low figures. In Col. Hallowes’ state
officially u , v[u .. _ »
edUiat the prisoner iB under arrest, I can proceed Half a mile distant from the Bolin"
‘Sow-! thought I had informed the court. K® M ? nsion > a -desolate-looking old
Court—I {have repeatedly asked lor the authority Dela > Overgrown With straggling pines,
refuse to gi* a e y il 0U taveiD y0Ur pos3essio:1 ’ but y° u I f j se abruptly from dense green foliage
[Here Mr. Farrow
Marshal Chamberlain a paper.) i j-u so an mas remains now OI an immense
JSSffSS'tttssiTsasz
r* f^ rte y • T> Hancock—Habeas Corpus issued on tins vicinity. The fields that produced
dn™ 4 i t h.°h^AV 1 ? 7 T. r « quirin 5^', c * N ° rri8 to p«>- the sugar-cane, which was for many years
auce the hody of J. T. Hancock before R J. Cowart I - _ , V
Judge of the City Court of Atlanta, on Monday* eoS P r °btably manufactured here, have
May, 1872, at 12 o’clock m. And the saia j. c. ’Nor- lapsed into a state of nature, but without
“7 of 0>eir wonderful ter
District Attorney, appearing in behalf of the United tIllt; y. I hey are Swamp lands, and are
Stateo, and stating in open Court that he has in his but improved, not exhausted, by cultiva
Mid Hancock,■'andbt^VcXd np^to^oduce the tiODl The white and S^OStly walls of the
Bame as a means 1 c *-*i ■■ 1 ’ ** ” --- - -
held to aus
ma ceing caUed upon to produce the —
ns by which the prisoner might be vaafc building, perforated with windows,
arrant C n^nt’.^i?I 1 »J?.^^ use v, t0 1 rising above the evergreen boughs of tht
o luce said warrant or aSy authority entitling him a * -i x, . ° -
0 the custody of the said Hancock, and there bein» I cedar and the Wild-Olive trees growing
by discharged.
May 7.
B. J. Cowart, J. C. C
as far as the vision can stretch, imp; essed
. the mind with a powerful conviction 01
done“ g vvh C a°t W he ^‘ coSc^toXwKtV he ^he ^ntoTmesa of human prosperity,
prisoner retained his seat, and in a few moments 0ur ^flections were Cut short by an im
ho was approached and placed under arrest upon I mense “snake,” which threw his head
“ i8aUcsed from a cre ^ e in f the ^comfortably
Gen. Gariirgton asked permission to seethewar-
rant. Sir. Farrow assented, and ordered Maj. Cham-
oerjain to hold the prisoner at every hazard, resort-
emergency, to force for that purpose,
oen, Garhngton remarked that he hoped such an
would be altogether unnecessary.
...I 110 f? u °wing is a fac simile copy of the warrant,
“1 the peculiarities of interlineation, one
01 tho features of the arrest which aroused suspi
cions of its llegality;
55
near us, and performed some significant
antics with his forked tongue. My com
panion and I procured some cudgels; s
brief combat ensned; but what could
valor do against numbers? That snake,
reader, is “no more.”
With the reflux of capital to this fa
vored region—favored with climate and
abounding fertility—prosperity must re
turn with ten-fold force. In my vieiv, as
v . I write, is a scuppering grape-vine
Bill of indictment has | old y fifteen years old, which never fails
of its crop, and which last year produced
<c Thomas Hancotk I forty bushels of grapes — the grapes
WiUiam WtuUgSctit for Conspiracy \plucked from the stem! What a wine-
producing region in the future !
As one of the measures intended to
develop our wonderful resources, we may
These are, therefore, (by order of court) tb require ! me Btion our projected St. Mary’s & West-
you to seize.an-estand bring before this conn to be I ern Railroad. Already the work has-
United States of America,) Circuit Court.
District of South Carolina j April Term—1872.
To Bobert U. Wallace, U. S. Marshal, or
His Lawful Deputy:
Whereas,
been found against
Joshutcay Spears
under Acts of Congress.
dealt with according to law the said IF». Wcssley Scott
<6 Tkomas Hancock,
Jcsvncay Spears
By order ot the Court this 29tt day
of April, A. D. 1872. 3
Dak. H
Clerk a & D. C. U. States,
for South Carolina.
The words in italics are manuscript filling out of
blanks. The name “Thomas Hancock,” though
written with probably as black ink as that of Scott’s,
is certainly in a different hadwriting, and written
with a different pen, and apparently at a different
time. The name Joshuway Spears (which is spelled
very peculiarly) is written also in a different hand
from both the others, in a clearly different hand and
in very pale ink, and obviously written at a different
time.
The followiang is the endorsement on the back of
the warrant.
United States of America, Southern District of
Georgia--tl. W. Hendricks being the lawful deputy
of the United States Marshal for the District of
South Carolina, aud presenting the within warrant
in this District, alleging that said defendant is in the
hmits of Georgia, it is hereby ordered that W. H.
Smythe. the Marshal of the Districts of Georgia do
execute tho within warrant, if said defendants can
be found within the limits of Georgia; and that he
deliver said defendant to the Marshal of the Dis-
fcrtcts of South Carolina, cr his lawful deputy.
^ ltn ^*!. th °o Hono ^ ble the John Ers&oe. Jnrige
fsTiT** Courtlor the Districtof
, Jaws McPhersox.
| Seal | Clerk.
A.i h Jl re ? ydeputeH - w - Hendricks as my special
Ga^Maylst^lliT 1 ** 1116 warrant. Savannah,
W. H. Smtthe, United States Mafehil.
peculiarity in the endorsement, r iv that
sdncuUr 1 ^*? the , w , ord Wndant appears in the
whd0 , it »PP«u-s once in the plural,
bothlnf amo 18 a,ao Incorrectly Knelled,
in bis“iguai^S 1 e Ilt s ! S?? iatin8 HeUdrlCkS ’ 3nd
been begun near the town of St, Mary’s,
in cousequence of which the place is im
proving, and an elegant large hotel, ad
mirably kept, called the “Spencer
House,” has been built, and other places
of business are rapidly multiplying.
Among the recent improvements, we°ob-
serve a large millinery establishment,
and we see that the “Dolly Yarden” fu
rore has been fully developed. On last
Saturday the stockholders of the St. Ma
ry’s & Western Railroad Company held
their annual meeting, and elected Direc
tors for another year. Messrs. D R
Proctor, R. D. Fox, Virgil Hilyer, Jos.
Shepard and W. G. McAdoo, were
chosen Directors, and Colonel McAdoo
was unanimously re-elected President of
the Board. Camden.
HSextexced Twenty Years to Pexitexttart.
Andrew Brooks, colored, was yesterday convicted of
assault with intent to commit rape on the person of
a Mrs. Jones, and was sentenced, by Judge Hopkins,
to the penitentiary for twenty years.
Ixtebxai.. Bevence Tax Bspeated.—Latelv
Messrs. Thompson & Pettibone, wholesale grocers
of this city, wrote to the Treasury Department a;
Washington City, asking whether it was just to be
requested to pay internal revenue tax for sale at re-
taU because a junior member of a firm retires in fa
vor of another, and the name of the firm is accord
ingly changed.
Mr. B. F. Sweet. Acting Commissioner of Internal
Revenue, has, therefore, written to Mr. WUliam
Jennings, the Assessor of the 4th District that such
fi^ ng nnW°» n *,^ tC8 ’ m . c ? nt «Bplation of law. a new
firm, liable to new special tax, according to the In-
ternal Revenue Record, vol. x. p. 7b “°' tn
Thomson, Ga., April 30, 1872.
Bear Sun: We left home by the Mon
day morning train, with that gentleman
ly conductor, Captain Hicks; arrived in
Thomson on time.
This town is 37 miles from Augusta
and is the county site of McDuffie, a new
county, created by the Legislature of
1871, and named by Col. Jno. R. Wilson
in honor of Gov. McDuffie, of South Ca
rolina, who was born within the limits of
this county.
After the county was organized, Col
Wilson was appointed to survey it, mark
the lines and lay off the districts, which
he faithfully performed. He made
map of the same, which he put into
frame and covered with glass, and is
now hanging in the Ordinary’s office,
where we had the pleasure of inspecting
it. It contains all the public roads
streams, churches, academies, postoffi
ces, principal residences, mines, rail
roads, factories, etc., with the districts
differently colored. It contains also the
act creating the county.. The character
of the marks on the map along the lines,
are designated; and a line is drawn on
the map showing where the oak and
hickory are separated from the pine
lands.
The county contains,according to Col
Wilson’s survey, 298 square miles, or
191,000 acres of land.
The court-house and jail are nokbuilt,
but will soon be under contract.
This is a beautiful situation for a large
town, said to be one of the highestpoints
on the Georgia Railroad, and noted for
health. Its surface is level, with a sandy
soil, underlaid with clay, called malatto
lands, and is near the ridge of the divid
ing line of the oak and pine growths.
We stopped with Mrs. A. F. Laller-
stedt, who keeps a private and transient
boarding house, whom we found to be a
very intelligent, refined and pleasant
hoastess. She keeps an excellent house,
and I would advise those who have occa
sion to. stop in Thomson, and who desire
a home-like rest, to seek her house.
There is a fine hotel here, kept by Mr. A.
W. Gerald and his good lady, which has
a good reputation.
This town has two churches—Methodkt
and Baptist—both in a flourishing con
dition ; the former in charge of the Rev.
Mr. Lowrey; the latter, of the Rev. E.
A. Steed—both gentlemen of finished ed
ucation and a high order of talent. The
colored people also have a church. There
are two flourishing Sabbath schools, three
mixed schools and one select female
school. One of the most thriving Ma
sonic lodges in the State; also, a thriv
ing lodge of Good Templars are here.
There are about twenty business hous
es, all in good condition, and seem to be
doing a lively business. The following
are some of the leading merchants in the
place, viz: Atkins & Hagerman, (our lo-
John Thompson vs. Thomas J. Heard.
Garnishment, from Elbert.
WARNER, C. J,
In this case, Heard was served with a
summons of garnishment at the instance
of Thompson, a creditor of Fischesser,
requiring him to answer what ho was in
debted to Fischesser, or what effects he
had in his bends belonging to him.—
Heard, the garnishee answered that he
had in his hands five hundred dollars in
gold which was placed in Lis hands to
indemnify him against any loss or dam
age he might sustain in going the securi
ty of Fischesser in a bail case at the in
stance of Thompson against Fischessei;
that, before he was exonerated and re
lieved from his suretyship, he was served
with the summons of garnishment; that,
since the service of the garnishment, he
had been sned by one Margaret Fisches
ser for the said five hundred dollars in
gold, which she claims to be her prop
erty, which snit is now pending in Elbert
Superoir Court; that the bail process
against Fischesser had been dismissed.
Upon this answer of the garnishee, the
plaintiff moved the court to enter up
judgment for the five hundred dollars in
gold, which motion was refused, and the
plaintiff excepted. The garnishee does
not admit in his answer that he is indebt
ed to Fischesser, or that he had any ef
fects in his hands belonging to him, but
states the fact that the money was placed
in his hands to indemnify him as securi
ty for Fischesser on his bail bond, with
out stating who placed the money in his
hands.. In our judgment, it was not er
ror in the court below, in refusing to or
der a judgment to be entered against the
garnishee on the statement of facts con
tained in his answer. If the plaintiff
had thought proper to do so, he could
have traversed the answer of the gar
nishee and have shown that the money
in his hands was the property of Fis
chesser. Let the judgment of the court
below be affirmed.
Robert Toombs, for plaintiff in error;
J. D. Matthews, contra.
Mary A. Mosely Administratrix, vs. Wil-1 the allegations in the A
JSgSSf Complamlandoon suit, Lon., hoover “m 'de In n“ J '“>'»»
wSSaa j. T? the
This was an action brought by the be relfed™?by a . e,cndat >b and S
plaintiff against the defendant J 0 n a of the factJ^dmitW n? ant i? 8 evid £U
promissory note, dated 12th November, being before the jury, and'the at
The defendantplead to the action, and may beared Cm
alleged in liis plea that the note was I answer hni tbf V ° ther fac ts of tht
given for thehire of a negro slave named believe’the quahfiSons 6 ^ h ° m t!
George, belonging to one Isewman, who 4. 4. Sale % i a i^2 0 . 3 ’ . .
was hired to work in a blacksmith’s «)<n n I iT_ _ land of a testator.
was given for the services of said ne-1 where the^Ce^T- pr f Scrihed law
gro, and that since the note was given liens of iadamlC f?^ en |’ dive ststhe
the collection of such claims Wbeen time of thetSor a SS ! n the £
declared to contravene the policy of the creditor must look to ^ ntestate » and the
The plaintiff demurred to the defend-1 5 Trust
2S.PV& .**?» % «»I teother-m-ta- by hi s So° W ed P s tf *
. “‘ster-m-
tate.
es-
section of 5th article of the Constitution law reouires the ntmolt siste]
of this State, adopted in 1S6S, which de-1 fair deling iu anv lfS ^ aith
' sale he
mes jurisdiction to the courts of this
iimg in any contract of
tween them. A1 *
State of the plaintiffs demand, is in vio- la7w the brothSTC S . en ,‘ atioaot tte
Iation of the 10th section of the 1st ar- law, whereW shTfa tb ?
tide of the PnnQtifn!ftr>T> r.f L-.i’ . « 1S to believe llPr
•y held by her is invalid
count sVia ealic J. V , u >
tide of the Constitution of the United title to pronert
States, and is void- = J * - - - ^
ouu.es, ituu is void—which demurrer was I and on this acennnVTK^ 7 - Ja mval d,
overruled by the court, and the plaintiff which sal? ?s much to C 2 to hila
excepted. The plaintiff’s counsel ad- vitiates the saW li h ^ S f. dvanta ge,
mitted that under the evidence offered though such misreoreseiVaHn Ctl0D ’ CVen
at the trial that the consideration of the I in "nrd fnifh ^ ** 1 10u Was ma de
note was for the hire of a slave.
in good faith.
fendant then moved the court T to 0 <Rs-1 tio^s^f trns^and 1 r!? fil° reg0ing rela ‘
that the®aetion, on the ground effected between L 1 “
that the court had no jurisdiction of the | war for
between the parties during the
case, which motion vras granted by the | be paid in^nsh^d is ^ to
court, and the plaintiff excepted. * a notion nf fu brothei '' i ^
The 17th section of the 5th article of eJtingnishment of J ^ “ 0ney to the
the Constitution of 1868, declares that rest ifpon the m-onerfv supp ° sed ta
“No court nor officer shall have, nor I ?i° P ^ fcy wlthoat the wicl-
shall the General Assembly give jurisdic- what he alleges ufc , m , ac ® ordanc e with
tion or authority to try, or give judgment been the huS, aU ^ S ^? den . x ® s to
ssjm? I &.2SSS? .*s^sa: sa
John B. Latimer vs. S. A. Lane, Equity,
from Hancock.
WARNER, C.. J.
This is an action brought by the
plaintiff against the defendant to re
cover the sum of $2,125 for five hundred
acres of land, known as the Tye place,
the plaintiff alleging that the defendant
fraudulently represented to him that he
had the title to said land, that the
plaintiff on the 14th day of January,
1868, paid to the defendant the said sum
of $2,125 for the land, and that the de
fendant bound himself to make a title
thereto within a reasonable time, which
he has failed to do; that at the time of
making the contract, the defendant did
not have the title to the land, nnd this
suit was brought to recover from the de
fendant the money paid by the plaintiff
therefor.
On a former trial of this case in the
court belew, the defendant plead that the
contract for the sale of the land had been
rescinded by the fraudulent conduct of
the plaintiff, and the jury found a verdict
cLetSoF astave ’ or sl “ ves ’ -“isSrs ’Ktstjs
I 1 ® doea not clearly account, she is
By the 10th section of the 1st article entitled o ^account, sh
of the Constitution of the United States nr,™ tL 8 ® ttu ?£ a ^ de the sale
UnitPfl Rfofpo 1 u«AW6BHing asiae tue sale
7. There is evidence to sustain the ver-
cal a"ents for the Tm Rttv) T T? ^ ^ ana tne jury iouna a veraict
JR°2]Snn under th8 charge of the court for the
waT& McCord T? M S tS I defendant. The case was brought be-
DiMard T TirnntrrnmPT-c-^T^i’ d . ^ j t°i’ e this court and. the judgment of the
■ MpntSomeiy, Johnson & Ar-1 court below was reversed for error in the
ments wa"on an.1 | and deciding, that the defendant could
M. Curtis°and JC. Smith & Son, shoe of thll “ Ah eaotiu **f* b » sale
P Practicing physicians, seven afc the 'same time retain the purchase
large steamflou? and" s?w mill IS burned “whe^h him ^^ er . efo . r -
.Inwn O r,ir,R+o mi • , When the case was remanded back to
one of the befwepots'on the^eorSa f0r i % “7 the -
Railroad, where a large amount of frS ^thdrewhis plea of a recision
arrivpq dailv I non tl in mru.'i of tae contract for the sale of the land,
season, and a business is done of at least fp^ 8 - ° pl . amt ‘ ff ’ a “ d filed a
$500,000 per annum. I new plea » in whlch he a® 1 ™® 4 the con-
sett Sf s to
$ convey the tmo thereto to
proprietors for favors shown us There P T lff ’ fi hat ^ WaSpar t fc and
is annthpr i I P ar cel of one and the same contract, and
ThomJ^ AdvJtiser-W. T. O’N^Esq'“ by
local editor. This paper is printed at the hlS °L the contrac > he ^
office of the CovingtoS to the amount for wmch
the co-operative plan. We feam from pl ? mtlfi hasaued him > and claims the
the local editor that it is also doing we? re f OQp / J he f ame Wgjf ^>y way
Thomson has about 800 inhabitants i° f dama S®® iiom the plaintiff .for the
Its people are fall of ener^ and the tlie contract on bis part, and
town is rapidly improving 7 tne to set off the dam^es sustained by him
There are severnl’gold minesnowinenc- . ,
cessful operation in the Northern part of J ‘° tPls plea the defendant the
the county. Copper is found i n some Pontiff demurred generally. The court
localities. About four miles east of this sustained the demurrer, and ordered the
place is Bonesville, established in 1863 plea to be sfcri °ken, whereupon the de-
and 1864 by Colonel John R. Wilson for fe “ danfc excepted. The argument before
the purpose of manufacturin" cotton tbis courfc in favor of the judgment of
cards, and is now being fitted °up f or a the court below is that the plea contained
large shoe factory, with a capital stock of uo new facts tbat were n °t adjudicated
$50,000. when the case was before this court at
There are many large planters in this f° rmer term; that the defendant’s
county, making from 50 to 300 bales of defense . .as how set forth in his plea, is
cotton—such as Rev. T. B.West Rev. J sa bstantially the same now as it was then.
Hillman, Dr. Hamilton, M. c/ Fulton do not think so. The point in the
Jas. R. Wilson, J. Printup, Jas Norris* case 513 made by the defendant’s plea on
F. Usry, A. J. Story, J. E.'Smith and fcl ! e former bearing before this court, was
many others who are quite successful Aether the defendant could claim to
The planters generally in this county are bav ® tbe con tract for the sale of the land
in a flourishing condition. Societv is r . esainded orL the ground of the plain-
good. Schools and churches abound in ^ raDd » and at the same time claim
the county. to retain the money, which he had re-
The adjourned term of the Superior ceived for tfie land
mrt Of this -conntr IC in 1 TIia nnw R
any law impairing tne omigation of con-1 valuation
tracts.” rj rji.
The 17th section of the 5th article of diet of the in™ in +r,-„ „ , — --
the Constitution of 1868, denying to the no material ^^nr in tf T’ &nd We find
courts jurisdiction to enforce the^collec- sals to the charge or refn-
tion of the plaintiffs debt, not oniy IS- mTnt nlrmed^ ° f “• COmt -
denies to him any and all SjStfZZ «5 ^ H '™ &
force that obligation against the de- ^ ’ c ? n "a.
fe Th a e n i7th section of the 5th article of l' S ' WdUn g ba m,
the Constitution of 1868, so far as it af- MONTGOMERY SioDllfiie '
fects the obligation of the plaintiff’s con- When a note w^‘mven R - • ,
tract in this case denying £ him any and and"security dtaiJSSSi wffit
all remedy to ^enforce it against the.de- close of the war wasV
1 ^Hdtud, a new note given by prindpai
was scaled to a gold
S> f toe M article of the.Oonatitntion
of fte Umted States, and .is, therefore, | new note accepted by the “yee, °n “e
null and void.
court below be £tSS.°' ' U “ a no-
Thompson & Turner, E. N. Broyles Belief Aef of 1°™"““'- ““'f 1101 ,' ““f ‘l 10
for plaint in erroriH.Blant,»
t „„ • Judgment reversed.
on 1 I
•l 01 7_ O 7 be ^ ! ^® d , 8 ’ b) ^ eS il aV * n S decided I Escaped Prisoner and Convict Arrested.—Tester
in the case of White VS. Hurt, that the I £ ay . Lieuts - Holmes, Qu e en aud O’Shields, of our city
17th section, article 5, of the Constitu- u 4 ^ the cl i attahoochee river . below
r i non . wuauMi- tne State Road Bridra, and made two arrpstc—nno
tion of 1868, IS void, this court IS bound being Milton Bonds and the other Levi Torner both
to conform its judgment to the decision ne s roe /- ,
and judgment of the appellate tribunal J^^JSSSSjS'SllSS^tSfSS
having jurisdiction of the question. a 8°. where he had been lodged, charged with rape
Montgomery, J., having come norm ^ p0n P erson of bis old master’s little daughter
the beuch Bilim ttta caaewi “g7ed!T ?«“ SIS'- s ”“ >
livered no. opinion. Turner had escaped from the chain gang of Cobb
county, to which he had been senienced for simple
_ ^ _ , , . , ii^? ny ’ A Private reward of $25 had been offered
from Elbert* ram Burt0n ’ E< l uifc y> These policemen have been on the track of these
McCAY7j I «hei? r 80me tiffi0 past ’ aad oaly
In an action for false representation by +££!&**&* **■ w P rt a ditch fora
lie nlointiflP Ton a fomorrnA tf SU* I » O’clbck had quit
which the plaintiff was damaged, if the ditching and gone into tho^voods and made anen-
representation be by deed, so that the ®° rd „ Y? od - Turne r was arrested
defendant is estopped from denying the 1 ~ P mg m 016 field ‘
f acfc ’ fi® may yet show that the*plaintiff {but 7
• _ */ “ w ^»ai*a*aviu I ii i i i ,, * v " 410 api uul J>ti
knew the truth for the purpose of fixing | * h 18 the party for whom be is taken
a time when the right of action accrued, more t o J* ~.
and the statute of limitations commenced who arrested J. C. Norris, anTereorted him to'wt’
running against’ the plaintiff’s claim, it retu rned yesterday. He reports that Nor
appearing that the plaintiff was seeking Sd^SSSER that he
to avoid the statutory bar, by showing ‘X 8ly by . evcr f P«son, even by th; nSvwhohSd
that he had not discovered the fraud un- joim-ie* ins E?i? s ’ butperf0 :al and pecuniary
til long after the same was committed. “ m 11 ^
Judgment affirmed. I K _One citizen from the country sent Mr. Couch his
, hwflnlrfi.nl. OCUk AUT. V/UUCI1 HIB
Robert Toombs, for plaintiff in error; done thlV-- - re “ ark ^ d that he would also have
J. D. Mathews, contra.
f ® ame for Norris, but through Norris’ inter-
he rf m prev , ente d from making a crop, and
be dId o®re to show too much of the milk of hu-
. . man kindness.
Aaron E. Hobbs VS. M. M. Cody, guardi- , , T b 0 Sheriff offered to take Mr. Norris before a
an. Appeal from Court of Ordinary, 1 orffi 8 , — * nd . ofrer d bim the privaiegeof a pre-
from W-rrrPn ?^ 8ry mvestagation, but Norris preferred to be
irom warren. imprisoned, and he was immediately committed to
McCAY, J. Cmir7 awa i t h ^ 8 tria,by ‘be Superior
A . I Court, which convenes in threo or four weeks.
Any party at interest, who is dissatis- w ^“eb Ea ys there are great numbers of citizens
fled with a judgment of the Ordinary, feren^w^p^en^ &
may appeal to the Superior Court on pay- C *°P S last year, and who, consequently, have suffer-
removal of an administrator, etc., and
this right of appeal on the terms indica-1 t.P_? NATES HIS Salary to the
ted extends also to cases where the Ordi- correspondence expiahmitedf? The folIowing
nary has given a judgment for money j , r Atlanta, ga., May 7, is'2.
against an administrator,- or a guardian nion?e a 011 ’ Pre ® l dentL. m. a.—You will
a citation for a settlement as pro- for Fifty Doyars, S th e a same being my firft Q^rteFs
Yiaea by section 1830 of the Revised 1 a 3 member of the city Council from the
Code. 152™ Ward, which amount I donate to the Ladies'
• Memorial Association, for the purpose of decorating
mg
The Act of 16th March, 1869, requir- J?® g I aves i of *
g all causes of action accruing before 1 y eme ery "
the Confederate dead, buried in our
the 1st of Jane, 1865, to be sued by the
1st of Jan. 1870, does not apply to a suit
I am, very respectfully,
Thos. W. J. TTtt-t-
Atlanta, May 7, 1 72.
i “ auit t HOS . W. J. Hill, Esq.:
. y a ward against his guardian to compel Dear Sir—I have received vour order for fifty dol-
an account, if the ward did not come of lar8 ’ ‘ ,tbe saine be . in 8 your first quarter’s salary as
OI acuon—tue refusal of the guardian to ,ort be purpose of decoratiDgthe graves of theCon-
account—did not accrue until the ward I fed f”^d e adbuned in theOity Cemetery.”
Court of this county is in session this | The plea..now before the court does
week—Judge Twiggs, of the Middle Cir- not seek to rescind the contract on the
cuit, presiding. Tlie visiting bar in at- ground of fraud, but on the contrary,
tendance are, Gen. A. R. Wright, Solici- affirms it, and seeks to reconp and set off
Washington ; Col. E. H. Pottle^ C. j fendant to "have a reduction from the
T. Dubose and A. T. Morgan, of amount of the plaintiff’s damages for the
u arrenton; W. D. Tutt and Joseph reason that the plaintiff has not com-
Strother, Lincoln county; Charles Shock- piled with the cross obligations, or inde
my andD. O. Moor, of Appling; Local pendent covenants arising nnder the same
Bar, H. C. Roney, Hudson & Casey, W. contract, and includes all mutual debts,
T. O’Neal, R. W. Neal, Robt. T. Barks- aQ d liabilities. Recoupment may be
dalednd J. E. White. But few cases on pleaded in all actions ex-contraciee where
the Common Law Dockett were tried on from any reason the plaintiff, under the
Monday. The Criminal Docket was same contract, is in good conscience lia-
taken^up this morniDg. The State vs. | b l e to tiie defendant. Code 285S, 2859
Win. Rivers, charged with murder, was
taken up, and occupied the Court all day
and part of the night; verdict, notguiltv.
It is expected the “Hamilton Banditti’,
2881.
In our judgment, the court below erred
in sustaining the demurrer to the defend
ant’s plea. If the Act of 3870, requiring
2S 5eek. We 1 an affidavit that all legal taxes haTbe^n
understand the Criminal Docket is very paid is a valid law, still, tjiis case was no-
We shall bid odr kind Thomson within the provisions of that Act Let
friends good-bny m the morning for the judgment of the court below be re
other scenes. The Atlanta Sun shines versed. W 6 re
^7n^ IcDuffie \ Soil -‘ We haTe Lin’ot Stephens, George F. Pierce
added a great many subscribers to the 1 f ' b - eiCP ’
11S 1. On the Go.
for plaintiff in error; R. Toombs, C. \V.
[ DnBo; e, contra.
came of age. Judgment reversed.
E. H. Pottle, for plaintiff in error; A
S. Morgan, R. Toombs, contra.
In the name of the Ladies’ Memorial Aspociat on
of Atlanta, I thank you for this most liberal dona
tion.
Our Society, organized for the purpose of preserv
ing the memory of our fallen heroes, of making
beautiful the sacrifice of their lives, and of garland-
RichardH Sims*? TnRn r» a witb flowers the gateway of death, will never
-RT?'* , I pmll > ad ‘ cease their labors, but with the last pulsation of
romistrator. Bill to cancel a deed, and their hearts. Bespectfuiiy,
for relief, from Spaldinn.
MONTGOMERY, J. 6
. Mary W. Johnson,
President Ladies' Memorial Association*
^ M^hen a bill charges that complain
ant was induced to sell land to defendant
bv representations ot the latter that the
title was defective, and the defendant is
a.so charged as standing in .a fiduciary
character to complainant, and that com
plainant would not have sold but for
such representations, which were not
true, it is not error to allow complaiqant
to prove her conversation before the rep
resentations madejto her, with a third per
son, in which she said she had no desire to
sell, for the purpose of showing the state
of her mind as to her willingness or un
willingness Jo sell before the representa
tions were made, especially wben de-
lendant alleges she was always willing to
sell, independent of any representations
made by him to her.
2. If one of the counsel mokes margin
al marks on a paper which goes out witli
the jury to .direct himself in argument, ii
is no error in the court to refuse to com
pel him to rub them out before the papt-i
goes to the jury—it not appearing tha
those marks conveyed any idea affectiup
the merits of the case.
3. Where an answer in equity is waiv
ed, the answer is not evidence against
We learn through the Lynchburg
News that a movement is on foot to erect
a monument to John Brown, at Harper’s
Ferry. This seems incredible, for John
Brown was at once a thief and a murder
er. But if this should be done the mon
ument will perpetuate the infamy of its
builders.—Richmond Dispatch.
Horace Greeley was old Ossawatamie’s
especial champion and friend. They
worki-d zealously together in the same
honest, patriotic cause. While Horace
did the howling and the lying, old John
did the stealing and murdering. If Vir
ginians are to unite in elevating the first
• o the seat once filled by their great
Washington, we see no reason why they
should not erect a monument in honor
of the latter.—Sav. News.
How would those Democrats, so-called,
who manifest so much eagerness to vote
or Horace Greeley that they can scarcely
wait until next November, like to employ
a portion of. the intervening time in
•iuging a campaign song, after the key ol
‘JohnBroovn’s body lies a-mou’deric" in the ground,
John Brown’s body lies a-uuoultlt ring in tlie ground,
But Greeley is marching on.**