Newspaper Page Text
V
Thi
rrTiw ATLANTA WEEKLY SUN, FOE THE WEEK ENDING NOVEMBER 6,
A FLORIDA ruled the motion for a new trial, and the of George L. Bird to the
1872.
THE ATLANTA SUN
Hie San Juan Ruestlon.
As the question of dispute between
England and the United States, which
lias recently been decided, does not seem
wery familiar to some of our readers, we
volunteer a few explanatory comments.
The question at isaue was tlio bounda
ry lino between the United States and
British America, and had special refer
ence to San Juan, a small island in the
Gulf of Georgia, e small body of water
extending from the Pacific Ocean, in
land, uud partly forming the boundary
lino between Washington Territory and
Bri tish Columbia in British America,
The treaty ol 1846, between England
and America, by which it was sought to
establish the boundary line between the
possessions of the two countries, was
little obscure, and England, it seems,
10 ik advantage of the vague language to
lay claim to San Juan island, situated in
tho middle of the Gnlf, which island,
she fancies is the Gibraltar to that region
called British Columbia, in case of war
between that country and this.
It was agreed to submit the question
in dispute to Emperor William, of Ger
many, for decision. He assembled the
In Venn
the first W
<1*7. K £ _
The Street U»Uw*y«.
At the last meeting of the City Coun
cil, the West End & Atlanta Street Rail
way of this city submitted a petition to
that body, craving all the privileges for
constructing street railroads in the eity
that is guaranteed the Atlanta Street
Railway Company.
It is the purpose of this company if
allowed to do so, to construct aline from
the city to West End, commencing on
Alabama street in the vicinity of the
car shed, and extending along Alabama,
Forsyth and other streets, crossing the
Macon & Western Railroad on the bridge
near Judge Collier’s, extending out
Nelson street, and beyond to the neigh
bornoodof the negro University, and
then to West End. It is also the inten
tion of the company to construct a line
to Ponce de Leon Spring, beginning on
Pryor stieet near the Passenger Depot,
Instead of locating the road in the
middle of the street, this company intend
to construct the line at one side of the
street, at least in 'such portions of the
city where the frequent passage of cars
would not interfere with the freepro-
1)70701 Pls»»ter—A. Vessel Burned at
geu, and over 80 Lives Lost.
Ket West, October 30.—The steamer
Anna,*’ which arrived here at 3:30
o’clock this afternoon from Nassau,
brought intelligence of the burning of
the steamer Missouri, en route from New
York for Havana. Of all the persons she
had on board only twelve are known to
be saved. The Captain and the crew
of the ill-fated vessel are said to be
among those who perished.
t.itbb.—The steamship, “Missouri,
Captain Curtis, which left New York
gress of business.
The Atlanta Street Railway Company,
on the other hand, claim that they have
wisdom of his Empire, deliberated with eIc j as j ve right to ouild street rail-
them, investigated the matter, and fi- w jj neg the city, and have notified
W 3 . .1 1,1. a talnn.'l f rt fllO TTT11 fPfl I . r<t __ * 1 C
nally awarded tho island to the United tlie City Council of this understanding.
States.
October 17, for Havana and Nassau, was
burned off Abaco (off coast of Florida, i
It is reported that over 80 lives were
lost. The steamer arrived her9 from
Nassau this afternoon at 3:30 o’clock,
bringing the above intelligence.
Washington, 'October 30 .—The De
partment of State has received confirma
tion of the horning of the Missouri. The
names of the saved pas eengers are George
Thackery, Euregne Yanco, W. F. Tun-
nell, Ebenezer Saunders, A. E. Outer-
bridge, Jos. Eulmer, John Behis. Of the
crew there are saved: Wm. Jones, Luis
Buhme, Patrick McGarvan, -Samuel
Cone, Richard Murphy. She burned at
sea, Tnesnay, 25th.
Quinan, of the Atlantic mail line, fur
nishes the following dispatch, received
by that company in relation to the loss
of the steamer Missouri :
Nashau, via Ket West, Oct. 30.—To
H. J. Quinan, Treasurer Atlantic Mail
Steamship Company: The Missouri was
burnt at sea, twenty-five miles from
Abaco. The following twelve were saved:
Samuel Cain, seaman; Wm. Jones, sea-
defendant excepted.
In our judgment, the motion for anew
trial wa3 properly overruled. The plain*
tiffs were entitled to maintain the action
in their own names without describing
themselveB as administrators, and if they
so describe themselves, it was merely
surplnssage. Besides, if they did sue in
the capacity of administrators, it was
not necessary for them to prove their
authority to sue in that capacity at the
trial, when the defendant bad plead to
the merits of tho action, and plead a set
off against them in the capacity in which
they sued as administrators, without de
nying their authority in his plea, to sue
in that capacity. Because the plaintiffs
undertook to do mote than they were
required to do at the trial, did not preju
dice the defendants’ defense, or any of
his rights, so iar as we can perceive,
The verdict was right under the admis
sion jnade in the record as to the indebt
edness of the defendants’ testator to the
plaintiffs, and there was no error in the
comt in refusing to disturb it.
Let the judgment of the court below
be affirmed.
Wm. McKinley, for plaintiff in error
Crawford & Williamson, for defendants,
the property iu dis
pute. The motion for a new trial was
overruled, and tie defendants excepted.
The following is a copy of the last will
and testament of George L. Bird, as set
forth in the record:
“Item 1st. I will and desire that
my property, both real and personal.
pr _
should be kept togethr under the man^ge-
Jas. H. Porter and Charter Campbell,
Executors, vs. Eliza Kolb, Gauardian,
Complaint from Morgan.
WARNER, O. J.:
This was an action brought by the
plaintiff against the defendants on an
account for services rendered to the de
fendant’s testatrix. On the trial of the
case, the jury found a verdict for the
plaintiff for the sum of §1,000 00,
motion was made for a new trial on the
England submits loyally to the deois- Q ouncd was referred
The anestion at the last meeting of the (man; Patrick McGown, waiter; Lewis I grounds that the verdict was contrary to
was referred to the Street Com- Bohenan, pantiyman; Richard Murphy, atvAtinllf linl
—■* oonniiu -— . 7 MmuhTrmm Passengers* Geo Tliack- dence, and strongly and decidedly
ion, but with much chagnn. The Radi- -who will report upon it at the p j 0 ^ Rihus, Enrique Yanco, Wil- against the weight of the evidence. The
cal Cabinet are much rejoiced at the re- j next mee ting of the Council. | bur ’ Tunnell, Jas. Colmer, Ernilus Outer-] court overruled the motion and thede-
sult. Particularly is this the case with " ~
the friends of Hamilton Fish, Secretary deliberations, we understand that both
of State, as it is his only triumph in di- arfcies ar9 prepared to prosecute their
« La oAttiTori no SoArprnnr I * *
Whatever may be the result of their bridge and Ebenezer Saunders, colored, fendants excepted. The detense set up
There is but little hope of the rest of | by the defendants to the plain till s ac-
the crew and passengers. Particulars ‘ ^ ^
j tion was that their testatrix, through
p’omacy sincobe has served as Secretary | beforo tlie courtg
of State.
will be sent by mail. The steamer “Av- kindness, permitted the plaintiff to re
The island is of little importance to TUe Haunted House lit Appling County
the United States, except as a military ^ spiritual minions and fiendish
post, and of secondary consequence even | embagsadors q{ His .- atanic M&jesty
in that point of view,
ma" is at Key West, waiting an answer
through Philluck.
^Signed) Johnson.
Mr. Quinan says the above dispatch I
covers all the information this company 1 v
... ... , has received in relation to the loss
seem to persevere in their visitations learner the “Missouri.” I infer
main at her house for her own benefit
and comtort, she only agreeing to furnish
her with clothing, pocket money, and
her tuition and doctor’s bills
anv intention that
tator contrary to the plain amT^
terms used by him upon a mera
ure as to his intention.” Whaf r C ° D3e< *l
the land the defendants
estatej
would
all
taken under their purchase at 4 ■
mle if Andrew P. haS dW .7th« M|
this w
— I
Alexai
ment and control of my executor, to be
hereinarter named, for the support and
education of my family.
Item 2d. I will and desire to give
my executor the privilege of selling such
oartof my estate as may seem best to
him, either for the payment of my debts
or for the better management of my
estate.
Item 3d. Should my wife, Phoebe,
marry, it is will that my estate shall
furnish her with a genteel and comfor
table support out of my property during
her life.
Item 4ttt. It is my will, that should
any of my children die after mar
riage, and without leaving any child
or children born of said marriage living
at the time of said child’s death,' then
that the widow of such child shall re
ceive five hundred dollars from my estate
and no more,
Item 5th. It is my will, that as my
children should marry or become of age,
my executor shall give oft to such child
such portion of my estate as he may think
best, for the purpose of managing and
controlling, and deriving profits or in
come to himself, but the title to such
property shall not be divested from my
dren as against the executory devKSl
not necessary now to say, inasmuch
executory devise was defeated bv aTt
F., leaving children at toe time 7*
death. 01
In our judgment, Andrew F Bird k.1
mg the youngest and only surviving mJI
of tie testator when he became tw^l
He years of age, he took a vested W 1
ue land, subject to be divested 0 »\-i
dying without children, but as he did J
die without children, his title to the! J
was not divested, but on his death 31
scended to his heirs, subject to the L
ment of his debts, and that, inasmuch'J
Andrew had a good, irdeleasible e -t ?l
in the land, the defendants who r I
chased it at sheriff’s sale as his rro J:'l
acquired a good and valid title therii
Syna<!
—T
| been <
—A
I Col. I
by tin
Itinue
iMacoi
—T
and ii
iTuesd
— 1
fccrial
rocale.
a ? ?8ainsUhQ plaintiffs, who could 0 ;’J
claim it as the heirs at law of their faff '
Andrew F. and not remainder-mea
the will of their grand-father, Geor^i
Bird. Let the judgment of the count
low be reversed.
Reese & Reese, Foster & Foster
plaintiff in error; Billups & Brob’sh.!
Nisbet & Jackson, L. E. Bleckley
defendants.
The Election In tile Oltl Fourth
The Macon Telegraph of yesterday, civeg tv, i]
suit of the election at four precincts in the , **
estate, nor such child acquire any title 1 °nf<^atreyS^
to the same: but said property shall be-|tal vote was, for Beck, 1,733, and Gr-ene,! 1
property 1 ■■V.
long to my estate until the youngest child 1 That ^‘,otTer“°oh^K|
shall marry or become Ot age, and then would make Beck’s majority in the county
shall be brought into the general fund, iso. The vote iu the city was, Beck, 1,386,*
to be divided among all my children The ‘Telegraph says Baldwin Rives Beck 6311,
equailV. share and share alike. Greene 2i0: tuat Putnam gives Beck about iw.
“Item 6th. My further will and desire
MobjJ
is, tnat should ail my children die, with- I county, because no Magistrate could be foaaiv
out leaving children at the time of their 1 | hQ Te i e ^ rap j l say8 there was no disturb*^ J
death, that all my property shall be made an ? kind; that the white vote was “notnev!
a poor school fund of, to be placed un- largo as it should have been,” but the colored ra
del’ the control of the “Inferior Court of Two polling places, or precincts, were opted
Putnam countv,” and my executor, or the city of Macon—one at which the negroes Tc
such other person as my executor may **$*£*«> '^ t k e8 r e Ce A i ‘ e t d h6 1 ^ t v y o« 8 ‘ 1 ’ a : h d e 2
select as his adviser, to be appropriated white polling place, Greene received 423 votes,
to the purposes in said county of Pnt- Tha Telegraph says negroes from Houston cc
~ I —wiiiiiuuu uuv iuicuuuu wan lue r 1 1 • „ jt-.—u—a voted in Macon: that several nearo voters ««»
apany should make any charge for her nam as tbe P oor scbo °l i und 13 applied. timidated , T ney came 1 o tho polls with ticket!
services rendered to the defendants’ tes- “I constitute William B. Carter my f 0 ec s ^ ay ^^ e 0 ro fr ^^ e e n d ed a ^ h
tatrix. Tho services rendered by the executor, to carry into effect this, my I tiekets, and some faced an opposition and
LETTER. ON
THE SITUATION IN
TEXAS.
upon the premises of Mr. Surrency at our agents first learned of the disaster laiai .’ iff to the testa tri s of defendants last will and testament, hereby revoking they liked,
■*v a -»r e_ T> *-1. J I frnm nocQUUorPTH OTW1 AT*AW KflVP.fl _ WHO I ^ _ . . . - 11 n. mu *_ 2J A .,^1 IOOO » I 111 Grilli
No. 6 Macon & Brunswick Bailroad. torn pMa eo g and craw saved who ^ clcor , y proTed by ot fej tw0 L U othara. Thia-day ot Ap« 1838/'
Earnest Democratic Talk.
/TTnVv+WQ nt NnRsnn "The tlie- WOS Clearly proven uy an leasu WO WII- uiiULucia. o.aio — 656, and for Beck, 599; Union precinct
nesses, (Mi’s. Barnett and Camp), from There is no ambiguity on, tke_ face of for Beck: Likin's,is m »i«ity^6ree^;
Thefollowingaccoan^of^a few^hoora patch t dedJ N toK tbe"e7tat»h wiiTwEfchwoold aoiboriae
bvthiseomnanv ssteamer “Anna. . . ’ ., . ^ .. n.. n ovni oo^oooo or. from, but estimates Becks majority in SpiuJ
experience in this little branch honse to ■\y es j; j by this company’s steamer “Anna,
pandemonium from which His Majesty which service was probably performed | pg r l ^o P t b ^andstatesln detail "the ser-1 pTain it, but the words thereof are to be I '‘'bSS Creek'We Beck a majority of 76; bwJF’IL
, I a j m villa 65. Zebulou 100 maioritv for«!v,HiP w >
l states that her services were worth $60 the introduction of parol evidence to ex- coun t y , a t 125.
Belp Co., Tex., Oct. 21,1872. . . . _
EditobbSon—The loavca of tak-^ °'
ville, as predicted in a former communi- Jessup, for the Blackshear Georgian.
cation, is beginning to permeate the great He says:
arge
'or m;
— (
ave 1
rospi
—T
ill, 1
tyite:
— 3
B
onsi
'a bn
— 1
nt,
angl
edn
—T
tewa
v,
rnii
i
amc
tlam
van
ink
—A
ery
eEv
ang
SOI
A
|spla
s m
sin,
hild’i
The
irrer
>d ci
ty tt
f4,0(
The following is a list of the passen
gers burnt on the steamer “Missouri:”
VO.CO -cv, —— ° - " , , ' iJecK wm navo a majority in Bike county, M
the performance of services by the plain- and the intention of tue testator must ue latest report in Macon, was that Beck had <wt3
r _ . •'n . X -I .• J f Al R5bb XKTi llr< noon UaUm... M
Democratic lump in Texas, and though
the time is short an immense ‘ground
swell’ will mark the most complete revo
While there, one or two bricks and a For Havana—Geo. Thackary, Anthony
| piece of chamber crockery fell, but as we Hofton, Gertrude. Davis and three chil
1 ^, . .. ,7 +i, QTT i j *• - it 1, i n i 11 to the testatrix were worth four or five court in allowing the parol evidence of
did not see them start, or while they dren, Anto Mancellas and wife, Colonel ... dollars per annum The evi ” ‘ ' *’ " ’ —“
W prA in motion- we wire verv much in- A1W.« Evan S .Erast,nsSBipars. Euriaue ” und ^ d doUars per annum, xue evi
- i - ^ , ^ . I uuumeu uuimia ijga mmuiu. . the sayings of the testator to be given iu
ta relation, lo evidence asset iorth intho record.
The
A New Bank in Atlanta.
lution of public feeling, between now clined to believe that they were thrown Yanco, Henry Francis Fox, A. E. Outer- of the factg wag in conflict ^-iththat following facts were in evidence at the
, i. _ i 1 Kxr cnmA rjArsmi. On Monday niQfllt. I VtinilnrA Mrs. Marv .TanA Almn ana in-1 - - - ../w m. i i .v _ I a t. iu.*.
and the election, ever known in the by some person. On Monday night, bridge, Mrs. Mary Jane Allen and in- of the plainti ff. Tbe court charged the trial: Geo. L. Bird, the testator, died arrsngcmems wcrc beX^^^
State A short time ago the ‘Straights,’ ho ? e T^’ I ." renfc U P a S a L n . an ^ re “ ai “ ed ffint, Earnest S. Eppas, Meguil Garcia. • in r elation to this point in the case, two or three weeks after making his will, I lament of another n itionai u.n’ j
until Tuesday night Up to dark^Tues- For Nassau: VictorZulukj,MissMalcom, ^tifatTyhenthereiso conflictin the testi- leaving as his only children, three sons,
yille's gallant movement, courage is re-1 Su^ncyrShorUy after dark however I John officer; Lewis Farrell, I 0 f knowing,other things
■ a a n,o tmlt mt in mntinn Mrs. Surrency came into the i arlo i I second officei,W. D. Hempsted, Purser, | pnnjll i a fintitled to most credit.”
yived, and the ball put in motion. A1 the kitchen, and told Mr. Surrency that | a nd the crew, numbering 58 men.
being equal, is entitled to most credit.'
lishment of another N itioD&l Bank in this city, by
some of our leading capitalists. Tue orguiatk*
has been perfected within the last f«w dsys, indn
the obrerve among its officers men of banking expert,
leav- er| ce and of financial ability, and wo commend tbs
'7 * . corporation to tho public as one entirely worthy<
_ youngest their confidence, at least, such ia the character thj
and last survivor died after ho arrived sustain individually,
of- full sirrp lpavinc t.wn rhildran who Tbs Bank is styled tho “State National Bull
at lull age, leaving two ennuren, wno Georgia," under which tiUe they were grantedi
Yet it is said because the jury found for are the lessors c.f the plaintiff in this I charter at the last session of the Legislature.
Key West, October 30.-The ^earner the plaintiff they found contrary to tho suit. After Andrew became twenty-one «££ ^“SfewTSfSkl
——^ ™ ^ A —~ tae administrator witii tnei
ready stops are taken for an O’Conor tick- every one would have to leave the kitch ^ w . ^ , rue piamuu uuey menu ^i.-
et, which in a few days will be en.aa things were falling there at sucliga Miggoiiri was burned in a gale on the I c b arge of the Court. The witnesses who years of age, th
heralded over the Lone Star State, and rat ® tbat lt; wonld be dangerous to r e-122d instant, about 25 miles from Abaco, | t he best opportunity to know the | will annexed of
a capital of $lb0,000, with a chartered privilege n
Democmto *ho d«ed ,tand by_pri,ci P le | fte n tookua dl
several bottles | ^ wo
rather than start off with the Baltimore
> wall bnvo nn opportunitv for blt ?hen. where
. , en ronte fc for Havana, via Nassau (New f aotSf an d who were entitled to the most over to him the entire estate of the tes- B ^. d Snecufra
into tne I, I . i.; —l—ai— 1The land in dispute was levied on Gen. John B. Gordon, President bonthem ia
George L. Bird, turned increase the same to $500,000.
* —■ | |— ' At this meeting of the Stockholders the Jollowiuj
was elected; ■
‘Fraud.’will have an opportunity for K1 ~ ... n , , „, . .
voting a Presidential ticket embodying f d various other things that had lallen fire wag
their political sentiments. And even the I Aa soon as we 8 ot into tho kitchen things | nm(Tv .
opportunity
o were entitl
credit, was a question exclusively for the I tator. ^P^PHP I
persons were were saved. The j urY to decide and not the Court, and it and sold by the sheriff as the property of insurance Company; Col. James M. Bail John i
3 discovered about 9a,m., in the J doe J 3 no t follow that because the jury, Andrew F. Bira, and purchased by the Maraud
Assoonaswe got mto tne iutenen tmngs p an try, and it suddenly burst out in vol- under the evidence, thought proper to defendant—and the question is, what es- Crane, president chamber of commerce of Ath.n
were heard to fall into the front room OI nmpo nmidshins. Rnrendinff ranidlv over n.nrlif tr, tho TilnintifPc t.nt.e did Andrew F. Bird take under his <ien " A - H. Colquitt, Ereaidtnt State Agriculta
Greeleyites and their leaders begin to werehearti tofall into tnefront roomoi nmes amidships, spreading rapidly over glve the most credit to the plaintiff’s tate did Andrew F. Bird take under his ^e t y 0 f(^^
realize that the old‘White Hat,’tossed the house, and the crowd went back. ^jp. Boats were launched immedi- Witnesses that the verdict is contrary to father’s will, and did the lessors of the j^m^V i^er, o'f^ortcrVn'uuer;
of political Knowing that things seldom feu wnere ate w an d dl but one were BWampedat the charge of the Court, but on the oon- plaintiff take any interest in the land nn- bo. Wholesale Grocer.
—the crowd wa3,1t-ook a seat and remained —— . • e .-_i—; i.L -Z4> 1 flnv fliaf nri1l9 ^P1i»h will mnol \\m gad. I . At ft IHCCting of tllC Cofird. Of drGCtOTS thftfoBd
away by every adverso gust
wind tbat has blown since its elevation,
will no longer do to follow, and are
in the kitchen. While there I saw a tin
| once.
Those remaining on board were com-
trary, is entirely consistent with it.
Will no longer uu 10 iui. u », «i C . . . . , t hl d f p on the I *««*>*-““*““* I There can be no pretense in this case
therefore preparing to take np the Lou- P au 8tart from a tame ana ian on me p e u cd on acco unt of the flames, to jump .. . - A — - -
therefore prepaung to a « ,, .. I floor. Shortly; afterward, Mrs..Surrency f nto the gea , Those 6aved> laud ^ ^ one that there
is not sufficient evidence in
the record to support the verdict, if the
plaintiff’s witnesses.
der that will? This will must be con- i^offlceTaw^ elects : James M. Kali VM
strned, under the law, as it stood prior W. A. Mooro, Vico President; W. W. Clayton. Co:|
to the adoption of the Code. ie L ; C- w. Heudorson, Toiler.
UW
plaintiffs, the children of Andrew F.
Tbo ComiMny bare not yet located their 1
is rc-1 MtoeS trom tM sW ,8° b»ek to tie |
turning to the deluded masses of familv^me^in with the piece of meat It was a terrible sight for tboso m ■ uie question is wntauer meroiatuniuicuii "*■*» "“‘oui «o-
Democracy, ana they may yet parry the in the middle oi the I do atl ?e boat > to see those in tue water I evid A nce in the reC ord to support the cording to the legal rules of construction,
blow they unwittingly aimed at their ]l ad . P ’ T 3 PO nfirlent no one ex- ? hn f in S to . swampeu. boats, and be g- verdict -wfimfi the jury have found in *he would create an estate inremainerin
.—rpbr,<- fTavno win, n Tlomnornfin I parlor UOOl. I ad CODuaeni no one Ci ino- for af.sist&ne.fi. I - i- _■ in P n;-—}
business.
This, we believe, ia the ninth bank now In e
. enoe in this city; and with a real estaia assessalj
took an estate in lemainder in fee in the between thirteen and fourteen millions, wb seer
I plaintiff had we beien in the jury box,but I property in dispute.” If there are any h^d“omeiy! h6 City snould “ ot 8 “ PP ° rt thmi
tne 1 the question is whether there is sufficient words in tho testator’s will, which, ac-
not whether this court Bird, under the will of George L. Bird,
would have .rendered a verdict for the |
party. That Texas, ’ with a Democratic parlor ^
v J should do ce P fc Mrs. Surrency and myself were in
Spiritualism.
ing for assistance.
There were about ten ladies on board.
exercise of their undoubted jurisdiction
and authority under the law ? The dis-
fee in the children of Andrew F. Bird to I Mrs . Torrey, who is represented as being i
Ane property in dispute, or any other 1 medium, has been lecturiDg in this city fur
majority of at least 30,000, ouuum uu i - »— * .. «*- i j..,-,^ v-
feel certain she never will.
Then to all true Democrats, not
in Texas, but all over these broad States,
who wish to preserve the party and per
petuate those principles that alone will
insure the safety of this Government,
and hand down to their posterity a her
itage worthy of freemen. I would say
come"
time, and is attracting some attention. There i
‘perBous iu the city who are I ’
»-r» in the doctrines she teaches; who l-ii- v--
have commucio
h ere.
W. O. Remshabt.
passengers
| of the fire is unknown.
Some vile old bachelor applies the fol
lowing to Georgia girls, and says the
worthy of freemen. J. wouia say i same j 8 sald Q f girls in Kentacky. He
j back to the fold and listen to the j h(en •« lacked,” we venture to say,
flappings of that old banner that has , t leiiai; one young lady in each of the
discarded by theped
much truth thw
the verdict, assuming everything to I specified in the will, until Aud'rew, the I
be true as proved, then the courts *witl youngest child, became OI Age, and then \Ve have not attended any of Mrs. T *rrey'* *
interfere and set it aside or in extraor- it wm to be divided among all the testa-
dinary cases, the presiding judge may tors children equally, share and share I about lt>
From the ContUtution.
I exercise a sound dTscretioiTand grant u I alike.
” ” ^ new trial when the verdict is decidedly was
THE SUP HE HIE COURT OP GEORGIA.
When Andrew became of age he
the only Barring child, aud |
waved over so many fields of victory, and optioned places. He says:
will float proudly over many more «f we Atlanta gir i s pitch quoits,
but do our duty. If there be those among 1 - -
tlie entire estate vetted in him in fee,
HWe lewnthat Dr. W. P. Harrison will delivel
lecture in Wesley Chapel next Tnes -ay evening, {
opposition to the views of modern Spiritualists. ,
Dr. Harrison is one of the most learned men I
us who desire the loaves and fishes, more
than tho good of their country, let them
go over to the enemy and perish with a
partv that must soon die of its own cor
ruption.
But let the true Democracy stand to
■their colors, and bide their time, _ for it
-will speedily come, and then, purified by
adversity, it will come forth as gold from
r the refiner’s fire, to shino with tho lustre
that Jefferson gave it, prepared again to
take tho helm of State, strengthened by
the confidence and approval of a re
deemed people. Audio Messrs. Greeley
& Co., if they be sincere iu their pro
fessions, for reform, I w**uld say, throw
Macon girls play poker.
Savannah girls play euchre.
Augusta girls glay seven up.
Athen girls play whist.
Brunswick girls play cribbage.
St. Mary’s girls keno.*
Hawkinsville girls play billiards.
Colnmbus girls jamp the rope.
Griffin girls ran foot races.
Cartersville girls love candy.
Rome girls are freckled.
Dalton girls are red-haired.
LaGrange girls are pigeon-toed.
Newnan girls are knock-kneed.
West Point girls are bow-legged.
-r. , /7 „ .j oo mo and strongly against the weight of the
Delivered m Atlanta, Juesday, Let. - J, *■“ ev j dence . but when there is sufficient j subject to be divested under the sixth I to- country, and wiu, no doubt, give one oft
_ ... _ , . I eridence to support the verdict, although item of the will iu the event he should in cresting lectures aver delivered in Atu:J
Spalduig Kennan, executor, vs. Uliaries ’ ev j dence maY be conflicting, the die without leaving children at the time w« iw» r n th*t this lecture is *t the solicitationrf
DuBiguon and V. J. Bailey, aunnms- 1 * - 1 - - - — -* - * 1 - - - - - -- t - 4
ey, ad:
Bald\
WARNER, 0. J.
I courts have no legal power to mteifeie j of his death. The estate of Andrew
with aud set aside the verdict, the more in the land under the will, was not con-
especially this court, which is alone a J tihgent upon his having children, as has ] g, i.
aiimt. -r ''f persons, and further, that it ia tobeij
ih- i- • --fit of th- church—an admission - !
We are further informed that ths D«
L
It appears from the record in this case court for the correction of errors from been supposed, bul was a vested fee sub- ^ au mvitaUon, which he has accepted, toW*
that the plaintiffs brought their action the Superior and city courts. The court ject to be divested in the event he died | ,u '° on the same subject, in NashviUe -
as administrators of the estate of Seaton is not, and never w<s intended to be, a without children. In the event he died af t® rnei t*
| Grantland, deceased, against the defend- tribunal to decide questions of faetwhieh without children the property went over
ant as executor of A. H. Kennou, de-1 under the law are required to be decided by way of an executory devise to the
ceased, for the sam ot $2,826 37, lor by a jury of the vicinage, and it is quite j Inferior Court of Putnam county as a
money collected by testator as an attor- time that parties, and their counsel, in poor school fund, and this executory
ney for the plaintiffs, and not as an at- view of the repeated. rulings of this devise was not at all inconsistent with
.... . 1 C3nrtj should unoerstandit. ^ 14l “ *“ *“
tomey of their intestate. To this action
the defendant filed two pleas, the general
I the fee to the property being in Andrew,
According to the rule established by
Wo are lurtber iuformed. that tho Spiritual lii*|
nity h ive heard of this contemplated lecture a?
thoir «u>ctrlnes, and are excited thereat, and ■ |
th-y a ill bring Mr. Wilson, of Louisville, b-rr, 1
will diocoas the subject day after day, wil 111
man or number of men, till all are satisfied,
gether, it promises to be lively.
issue and plea of set off, in which latter the numerous decisions heretofore made ? {t f* afee ; Tbe '"hich Andrew took
%
quit
siblo
the field that offers
hopes of success,
Cut-hbert girls are round-shouldered. I plea the defendant alleges that the plain-1 and repor ted. there was no good legal I ^ ^ and under l-i 1 ® wilLwas a qualified,
•s rn _ v Ml- ?_1 - — f-1-- —1_— I ififf. ... 11 « *-«- . i .. Un I ” . _ _ ... P . . P . I /m« Imi ca fon VuiAaii cut 4-U AM WTW o m nnnlj fi,
he
Condition of Air. Townsend.
Milledgerille girls wear false calves. ; tiffs, us administrators as aforesaid be- pre tex* for bringing case before this or V ase fee > because there was a qualifi-
Eitonton girls suck lickorice — [and fore, and at the commencement of their ^ ourt on t ^ e statement of facts contained cation affixed thereto, to-wit: that if h<
^ rf* perme with garlic,
aud rally rVivinotnn trirls ti
to the support of O’Gonor, a man above knee.
Covington girls tie the garter above the executor the sum of $2
Mr. Townsend has as yet presented no indW-
. . y,^. —— , ti j. 3 *, u •• , , . ,, of rapid aud aura convalescence, though we ■
said action, were indebted to him 33 jin the record, and thus delaying the j without children it was to go over I k; a physicians say they have no serious »pp s 'J
Forsyth girls chew tobacco.
Conyers gir’s use snuff.
Dawson girls eat onions.
Washington giris Boston dip.
Sparta girls eat slate pencils.
Marietta girls chew gum.
the trial of the case the
in evidence their letters of admiui c tra-
tion and the order of the Court of Ordi
1,000 00, etc. On plaintiff in the collection 'of her demand b .J wa 7 of executory devise to the Infe- s j 0na . with diligent and <
j plaintiffs offered I awar j e d to her by the verdict.of the jury, rior ' J ° nr “ °*. Putnam county; still, it consider him in a fair way to
careful watering
which the court below refused to set was in fee in him, because by
recover.
His arm, which our readers]wiU remember'
suspicion, and the hope of the country.
Then will the people believe them, and I
History write for them a fairer page than
their present coureo-wiil entitle them to.
By doing so they may greatly aid in
bringing about that reform tho country
so much needs, and may live to see then-
country liappy and prosperous, and en- are”sosweet the boys would eat ’em j which objections wereoverruled’and the I u! ^>rrAr! I over ^ is estate till the contingency upon 1 served. I
joy the plaudits of a grateful people. L p V tll didn’t. papers read in evidence. {dr ’ B P Brol> which it is limited occurs, as it he was The ball which entered his.hack.u is now
Boubbon. 1 I r A 14 | ston for defendant. 1 — 1 —*
aside. We, theiefore, aflirm the judg-1 poBsibHity it inight endure forever to danger of being amputated, has been preset-
nary, from which it appeared that the I meu t" 0 f the court below and award ten I and h* 8 tens, as it turned out in this I far by the most assiduous and unremitti- g
plaintiffs were administrators, with tne per cen t. damages as provided by the case » having left children at the time tion. we understand that fresh cloths,
i a ci— r> n j mu- section of the Code. Judgment l death. ^
will annexed of Seaton Grantland. The
defendant objected to the introduction affirmed.
with cold water, have been applied, for every i
The proprietor of a qualified or base I minuteB since the unfortuuate occurrence,j
Albany girls drink vinegar because of this evidence upon several grounds, A. G "& F C Foster and Juslina Hill fee ^ as samo rights and privileges j this duigent attention alone has his arm been;
— The following comments on the
Presidential canvass, by the London
Press, has been suppressed in the South
ern States for fear it might injure the
up if they <
Bainbridge girls Greek bender.
Thomasvilie girls tallow their hair.
Americus girls reject Dolly Vardens.
Jonesboro’ girls run barefoot.
papers
Tne defendant then made a motion to I
non-OTit the plaintiffs on the ground that
the evidence offered by them to show
that they were the lawful administra
tors with the will annexed of Seaton
Grantland did not show that fact, but,
| tenant in fee simple. (2nd Bl. Com. 109, by physicians who have watched tta progress |
If there should be n °w reached his right lung. Whether it is 1
. _ . The World's London correspondent r „ ^
Dolly Cratic Liberal Yarden cause in the says that Earl Russell, formerly Prime I on the confraiy, showed they were not
South: The London journals foresee in Minister of England, who is now up- the lawful administrators as a oresa.d.
t!ip result of the State elections in the I wards of SO years of age, has addressed I The motion foj not-suit was overruled.b\
United States on Tuesday the re-election him a letter in connection with a
of President Grant in November. The in which he proposed introducir
scheme the court. After hearing the other evi
proposed introducing a bill deuce in the case, and under the c’uar ;
papers comment at considerable length | at the coming session of Parliament, for of the court, the jury found a verdict foi
on the elections and their effect on the
Presidential contest.
The Times says: “We cannot regret the
revilr.” The Xeirs sivr: “Greeley’s canse
now a forlorn hope, and will certainly
L” The Post characterizes the Lib-
1 "^publican movement as a failure
* option. The'7elegraph al-
home rule in Ireland, and in which he the plaintiffs. A motion was made for;
says that he wishes to promote Irish im- new trial on the ground that the court.
nr/iDUDwirf K»inf* aVw Twioli DVAanunfr I ArrOii in Arcmiiinn- fVin mn
provement, biing about Irish prosperity,
but he fears that if the Irisn Parliament
erred in overruling the defendant’s mo
tion for a non-suit, and on tlm farthe;
is set up in Ireland, her energies will be ground that the verdict, being in favor o
wasted in contention. He therefore the plaintiffs in their alleged pretendec
wishes to divert forces tending to her [ capacity of lawful administrators, witi
lnflamim
ibyity.' He fears, however, that
‘<a wanting bothin England
*'■ .* . K.
h A €
the will annexed of S°aton Grantland
deceased, is a verdict against evideuct
and without evidence. The court over-
Wm. Gardner, et. al., vs. Wm. Aiford, I doubte°whether th^devisee^in this I latedto serioasiy injure him.ia its present
next fnend. Ejectment, uom Morgan. | ca J e took an absolute egtate in the land | ti0 _ n ' we are not prepared to say.
at common law, there can be nine under
ejectment | th& provisions of the act of 1821, which
declares that all devisees of real proper-
y shall vest in the person to whom the
WARNER, 0. J.
This
was an action of
brought by the plaintiff against the de
fendants, to recover the possession of a I
tract of land in the county of Morgan, same are made, an absolute, unoondi-
Oa the trial of the case, the jury found tional fee simple estate, unless it be
a verdict for the plaintiff. The defen-1 otherwise expressed, and a less estate
jants made a motion for a new trial, on) mentioned and limited in such devisee.
the ground that the verdict was contra- It
ry'to law, and the evid°n?e, and because it
was
was
said on the argument that
the intention of the testa-
toe court erred iu admitting in evidence I tor that hii grand children should
ae sayings of Bird, tha testator (under take his property in the event his sons
vhese will the plaintiff claimed title) be- died leaving children, but there are
oro and after making the will, and be- no words in the testator’s will which will
■aussthe court erred in charging tne authorize a court to say so, for as it was
jury that the children of Anderson F. said by this court in Wright vs. Hicks
The many friends of the family, await witt
ions solicitude the result of the wounds.
inquiries are made regarding the condition -•
young mau. We trust that the unremitting
family and friends, and tho skill of the eurge°-
physician may yet prevail and save him.
JSaF*The Central Agricultural
chanioal Association of Dallas cbU-
alfl
iiiid, the lessors of the plaintiff, took an (12th Ga. Rep., 156 “courts are not per-
Alabama, will hold its next auuua
at Selma, commencing Tuesday, ti 1 - "1
November, and continuing five i
The people of Selma and surnju^ 1 ]
country will present a fine and
tractive exhibition, which will
e.-4ate in remainder in fee under the will mitted to give effeot to thi will of a tes- wortlr attending.