Newspaper Page Text
0MMW
1&7B.
^7"Ol- 111—USTo.
THE OTTiA'XTASTJN
From The Daily Sun of March 6, 1878
SPIKtt or TOM GEORGIA PRESS.
TlicGriflin Star, “from an impar
tiiil Btand-point," vie** Gen. Grant
*s a man of nerve, evenlj-balanced
mind, with plenty of hard, common
tr-nee and a natural disposition to
deal out to all his subject* equal and
impartial justice, so far as he knows
i
The editor prefers him for Presi
dent to any of the professional poli
ticians of his party North or South ;
and, “as a President, independent of
his surroundings,” he has more faith
in Grant’* administrative abilities
than he would have hail in those of
Greeley’s. Discussing the subject of
Gen. Grant’s second term ol office,
the Star closes its article thus;
We are therefore by no means hope
less of onr fntare. On the contrary, we
look forward to sn ers of unprecedented
prosperity, and more than this, we ex
pect to Bee the South realise her fnll
share of that prosperity. And we trust
the good old State of Georgia will not
be behind hand in taking advantage of
all the chanoes in the raoe tor prosper
ity, wealth and happiness. Her pros
pects are, to a great extant, in her own
hands. A cheerful heart, a willing hand,
and honest principles, will pat her in the
Tan of all her Southern sisters.
The Macon Telegraph has a good
word to say for the pres* of the prei-
ent “day and generation.” ' The
•ditor after may years of per
gonal experience and observation, to
expresses the deliberate opinion that
the press of to-day is a more inde
pendent vehicle of thought-—a more
reliable repository of facts—and .gen
erally ^sounder ^nd more intelligent
public counsellor than it was in our ^ ^ Q a
earlier days. That, iit his judgment,
it is yearly improving, and if this
government is perpetuated as ah hon
est, intelligent, free, popular govern
meat, it will be dne, to a great de
gree, to the American newspaper
press and very little to the poli
ticians. He thns tells what the press
is:
The press is the great conseivator of
historical truth all over the world now,
aud hut for its ouutemporaueous record
of daily events over the whole face of I
the earth, mankiud iu these Wonderful
times would be almost driven distracted
by the monstrous fictions and chimeras
dire of common report and rumor. If.
anybody doubts this let him try once
aud follow up a current verbal news re-
p >r» to prepare it for the press. He will
gut almost as many versions of the com
monest event as he makes inquiries, aud
he will get in three hours such a lei-sou
on the truth-preserving influence of the
pi ess as well hs stop his mouth- forever.
Republishing a defense of Brooks
and Amtis, the Augusta Constitu
tionalist takes the occasion^ to say
that “the partisan character of the
report on tho Credit Mobilier inves
tigation .has created a sympathy for
the two members of Congress singled
out by that report for expiation of
tho alleged frauds, because the con
viction prevails that they are made
gpebial ..victims to appease popular
clamor. That paper, however, says:
We have no special sympathies to in
dnlge, although we have been long ac
customed to admire and respect one of
them (Mr. .Brooks) as a high-toned aiid
fearless statesman, who has never been
averse to saying a just and kind word
for the Sooth when her people have been
as tailed and villifled.
The Chronicle aud Sentinel thinks
the first fruits of the Senate’s out
rage upon the people is already appa
rent As long as the usurpers feared
a verdict against them from Congress,
they were circumspect in their con
duct, and remained passive in posses
sion of power which they knew had
been unlawfully obtained. The
Chronicle comes to this conclusion •
rax plaxiatiox.
The March number of this splen
did agricultural monthly has been
out for several days- This number is
one of the best yet published, and
Will compare successfully with the
very b?-st magazines of the sort in
America—its table of contents pre
senting to the reader, the farmer par
ticularly, a most entertaining aud in
structive intellectual “feast of rea
son.” Its mechanical, and much of
it* reading matter, is under the su
pervision of onr old friend, Col. C.
R. Hanlelter, whose fine taste as a
printer and caterer to the highest in
tellectual taste, is well known and
appreciated throughout Georgia.
The proprietors of “The Plantation”
have been most fortunate in securing
his valuable services -and long expe
rience as a printer, publisher and ed
itor.
We take especial pleasure in recom
mending this valuable monthly to
onr readers and friends throughout
the South, especially to the planters
and farmers, whose interests it is pe
culiarly one of the; ablest advocates.
With Dr. Daniel Lee as its corres
ponding editor, and Dr. E. M. Pen
dleton, Francis Fontaine, Esq., J. S.
Newman, Hon. David W. Lewis, Col
John H. Dent, N. H. Davis, Esq.,
and A. C. Cook, and other distin
guished practioal writers, “The Plan
tation” presents to its readers an ar
ray of ability on agricultural sub
jects not surpassed in American ag
ricultural publications.
The price of this valuable month
ly is only $1.50 a year. Address.
Plantation Publishing Company, At-
Wh«n
Tiwxoty nr* rorY. mi» nn m nr—
BIS BfOORAPUER.
We copy below, in ftll, an exceed
ingly interesting article in review, of
a work lately noticed in these col
umns. It is taken from the Macon
Telegraph and Messenger j and
though long, yet we feel assured it
will be entertaining to quite a number
How oonldw* bear the mirth.
•me lored revpflw of • jeer mo
Keen* bie mate ChrUtmee now beneath the taow,
In Told VirRtnlen eerth t.
Let every eecred fane
can 1U salt vetar.ee to the ahrisa of God,
had. with the deleter and the tented aod.
Join to oneeolemn strain I
Decletoae of
the Svprcmt
Georgia.
Coart Of
Bat nov^ when they find that the Sen
ate y taina them, that the Executive
^HtCtlii them. that they may confidently
call upon Federal officers for Federal
tog onets, that the people are powerlete
they ne longer attempt to oon-
aesl the cloven foot or hide their wicked
aemgns. Every citizen of anv promi
nence, who has ventured to oppose their
e&temes, who has dared to call upon Con
gress lor protection, D to be tingled oat
for punishment and persecution in to be
the order ol the day. As aoon ae the re
sult of the debate in the Senate waa
known in Now Orleans the work com
menced. A pecked grand jury in the
U nited States Circuit Court was hastily
gotten together, ana a batch of fourteen
indictments immediately returned. Bills
were rendered, among other* against
G.wornen MoJfiaeiy,'who dared to lead,
aud against «x-Governor Wanuoth aud
general Albert G. Blanchard, who oared
to aasiet the attack against tue Custom
House King.
^ L
CHAT WITH STATE PAPBEL*.
The Athena Watchman elates that the
parties accused of the murder of Mr.
Alexander, ct White county, who were
carried back to Taliafeiro, where the
crime waa committed, after a careful
examination, were committed to Tal
iaferro jail, to await their trial in May
next—Cantrell, the white man, accused
as principal in the first degree, aud Jeff.
Oliver, colored, aa principal in the second
degree.
The second anniversary of Evan
Lodge of Good Temolars at Athens sill
be ht Id at Denpree’s Hall on the evening
of the 14th instant, when addressee wifi
•fed delivered by Rev. M. W. Arnold, Mr.
Scott aud Mr. J. H. Dorsey.
A hah waa rnu over three times by
wagons at Athens on Saturday last, and
jet fie survives.
Jackson Superior Court was held at
Jefferson last week, Judge Rice presiding.
The Athens Watchman informs us that
the most important case disposed of
while we were theie was that of the negro
left over at November adjourned Court
iceased of rape. He was found guilty
md sentenced to be hung on the 28th
d this month.
The euitor of the Athens Watchman
met with a gentleman last week iu Jeffer
son who has traveled all over and ah
turough the up-country, who expressed
ti e opinion that there is more good land
in ■ that than iu any other county of
Northeast Georgia, while it has a popu
lation any county may well be proud of.
The chicken thieves are again upon
the rampage in Augusts.
The Chronicle and Sentinel puts John
E Owens, the comedian on the stage ir,
the character of “ Butterfly” in the play
of “The Victims.
No less than twenty fatal cases of men
ingitis, have oocurred in Cuthbert
eleven in two days.
Ax Americas hotel keeper has discov
ered that he does not know how to keep
a hotel and quit the business. Sensible
is the highest degree.!
Thb Republican welcomes as a citizen
of Americas, Capt C. F. Crisp, Solici
tor General of the South-western Jadi-
cia.. Circuit, who has decided to make
Americas his fntare home.
'to surveying party of the Hawkins-
ville and Eufaula Railroau, are expected
to reaoh Americas to-day or to-morrow.
4k xxoao was shot in Americas, the
other night, for a dog, by a yonng man
retaining home from bis sweetheart
The negro was leading the dog; the dog
growled, when the yonng man fired, not
seeing the negro In the darkness. Such
mistakes will sometimes happen.
“CunvosD Tbocf” continues to sell
very rapidly in Macon.
Tun Enterprise states that Mr. George
D. Lawrence, First Assistant Chief En
gineer of Macon Fire Department, is very
our readers;
For the Telegraph end Meeeenger.
HEN BY TIMROD’S POEMS, BY PAUL fi-
ham.
Atlanta, Ga., Feb. 10, 1873.
Dear Watscn: Beading an item in
some newspaper that Hayne’s volume of
Timrod’s Poetry “was out,” I called at
Phillips & Crew’s, in passing, to jsee if
they had it. To my agreeable enrprise
the precious little volume was to benad.
I had it in my head, it was not to be
jrofaned by a general book store selling,
ant was to be quietly delivered to sub
scribers only. While hastily examining
the volume, a gentleman came alongside,
and asked what book I was purchasing.
answered, “Timrod’s Poems, by Paul
Hayne.” “Timrod I Timrod !” says he;
“I never beard of him.” 1 briefly ex
plained, and as a specimen of the poems,
read a few lines from the “Prize Poem.”
He Bays, “why, that is beautiful.”
replied, “every piece aud every line of
each is beautiful.” This gentleman was
city man, and fully up to tho average
of intelligence. C
Strange as this may seem, yot the
same ignorance has existed of more em
inent authors, aDd with more intelligent
commnnitits. I am reminded that wbe*
Thaekeray wanted to,be a member of Par
iiament and stood for the, borough ot
Oxford, that seat of Icarnmv liters
tare, he wrote to Dickers on hi* visit
there: “I want you to oome and Sid
me; I have found only two men who
know me. Perhaps yoa may find as
many as half a dozen who know you.;
A ter Daniel Wenster had acquired na
tional fame, he was travelling at night in
a stage coach. Among the passengers he
found one from his native town ip New,.
Hampshire, and ha .talked abbuk'ttje
Webaters. He k»SW Daniel’s father,
and his brother Ezekiel., He was a great
admirer of Ezekiel, who* was himself a
fine lawyer Daniet being incog, was ex-*
pecting every sefitence to, hear som
of himself, bnt no allusiofi.was made to
him. At last, toftdraw him out, he asked
what Daniel wiu>. The passenger re*
plied he had moved to Boston, and be
supposed he was ret do wk-there, and but
rea.ly he did not know anything certain
of him; and th:s was shortly after Vvef)
star’s debate with Hayne. Such is fame.-
Apropos of ignorance of Timrod, I was
in that same category long after he bad
acquired fame. A friend of mine, who
was gifted with lunob poetical power, was
a competitor for the “prize poem,” af
the opening of the Richmond new thea
tre. Before he mailed it to the commit-
teeh* Ft ad it to me- X thought it very
*ood, and he had high nopes of winning
rhe prize. I lost sight of it, until one
day he approached me complainingiy
saying ne had lost the prize, and, out
side of himself as a competitor he did
u- t think the address appropriate to the
occasion. To whom was tho pnz*-
awarded ? I asked. lo Henry Timrod,
was the reply. This was the first time,
to the best of my knowledge, I hail evei
neard of Timrod, and he had been
ohnimiug his native State as a p.>et for
at least ten years. We then read the
ooern together, aud I said to my friend,
if I am any judge, yon are mistaken. It
not only roust have been the best pre
si-nted, but I cannot couceiveof-a better.
It wasdiflcient in tone troui any produce
tion of the Kind I nad ever read. It was.
so stately aud yet so modest—so qrigUibl
in conception, and yet so perfectly ek-
ecuted—so sublime in thought, aild, jyt
so pure ana pimple—so intensely mturi
eating—so artistic- djy connected— so tiew
and fresh, ignoring all Covent Garden
aud Drury Lane precedents, beautiful
thoughts were so intermingled with the
most charming dramatic allusions, it
fascinated me, and to lb:s (Jay it is a*
delightful as the first time I read it. We
had a little unpretending novitiate lit
erary club, of t ight or ten, iu a little in
terior city, to whom I took delight in re
peatedly reading it; a; d before I got
through, I think my disappointed friend
admired it too. I cannot realst the
temptation to copy here a few of its
beautiful lines.
With pomp of Bom»n form,
Wttb th* gr»-*e ritual brought from England’* shore
amil with the almpla faith which aaka no mora.
Than that the haart be warm I
He who, till time aball eeaae.
Win watch that earth wham once, not all in vain,
Ha died to give aa peace, may not disdain
A prayer, whose theme ia peace."
BMW B*0K. 1 V“ ' -a
A new Bauk has recently been es
tablished. in Wilkes county in this
Btat^ under the corporate name of
^The Merchants’ aod Planters’ Bauk
af Washington, Georgia.” William
W. Simpson, lately of Sparta, Qa* is umm ***<!• ute .porting te^ ^
the President; and A. Wellborn Hill,
*C Wilke* county. Cashier. ; ,
The capital stock is $100,00(1 i It
j** Bank of loan and deposit on\j.
The names connected with U afford a
Sufficient guaranty of its good man-
Haod ka«« and no money, is the war
cry of the Maoon merchants. The En-
terptua modestly reminds them that if a
little more jndioioua advertising was done,
that ory would soon give way to some
thing stove pleasant.
A* ornithological curiosity i* on exhi
bition tn Maoon. The Eateipnw give*
ua the ielormtetea that it ia e mlrar-
■ pant!led FoUnd tooetar. weighing eigb
_ oa
wall loot.
l'aa l»«nelcolumn of the Macon Enter
Anon, a reverend form,
With tattered ro( e and forehead bare,
That challenge all the torments of the air,
does by I
And the pent feelings choke in one long sigh.
While, aa the miimo thunder rol.e, you hear
The noble wreck of Lear,
Reproach like things of life the -.ucient skies.
Ana comnmno with the storm 1
Lo! next a dim aud silent chain bar vrh.re,
Wrapt-in glad areams lu which perchance the moon
Tells his strange story o'er,
The gentle Dosdemons rhaetely lies,
Unconscious of the iovn g murderer nigh,
1 ben tbrongh a hash like death,
btalks Denmark's emailed ghost 1
And Hamlet outers with that thoughtful breath.
Which ia the trumpet to a countless host
Of reasons, but which wakes no deed from sleep;
r or while it calls to etrite.
He pauses on the voiy brink of fact.
To toy as with the shadow of an ac.
And niter those wise aaa s that i ut so deep
Into the care of life t
It mast be borne in mind that the
Richmond theatre nas become classic
from its repeated destruction by fire,
especially from the first distruotion some
half a century ago, when many lives were
sacrificed, aud among tneiu some o( tne
best blood of the old commonwealth.
It so happened, that it was rebuilt daring
the war. nud while it raged fisroeafe
around Richmond. The uiliunon to this,
in tue very first linee ot the address, is
exquisite, aud expresses aa idee whioh,
considering the locality, surroundings
and the occasion, has never been aot-
paesod. Timroa expresses it as—
•■A/uiry rimg
Drawn In tbs erhun at a bawl* pUa H
and then again he says,
"Shot for ona happy avetuag Son tha Sand
>uud t
oiute ia oh me uuprovs iu pmui of
wrest mad «m teoaarrwVl th* Miy ♦clitor.
€tf & laxni tone the popular n»r,
doc tor tax ih- U«vu nod ioguih Rail-
’’oad-hes natirnly r*-cov»f*.i from
h • see ut iilaeee, end rvx^eete to resume
his doFsa about Piitej a- xt.
l ua, haca yoa may WkaM
That roar* arouu
Aa if adea
Oould Mo
A garden frnk witk if Of."
There is another poem of hie
“Christmas,” - aad it was, I Scilere, the
Chrietiuaa of iStid. It has Lmpseseed ase
aa being nud) aweet tul bmarital. Is
was of su-- . >* i I'.rutktuw*. wad in UtaiUs-
lot, wherte.i ui wrote. Tiieoontssstbe-
t*Wh tha* h »eyy pa-t and the wieseebls
presrut, ■>( im-ii <vud wax, wase vividly
piewented to lu< awmitiw haart and his
brilliant imAqii.a>t.«u. I will quote a lew
of itsats' x*a:
“ How ahaU va paw tha dap »
With tin, *a.i wit. vul daaoa. aad wa^aswatfla
Awd aboot o' hagvr ehildran is «W aasrSa
had aiwtl itMtaattrl
he»ir.tWw4 adww
2f5titisrssr5 szEJiK**
Oould entar as of yaaof
Would not
1 aok lo matil
This communication, with quotations
added, is already extended beyond my
intended limit, and yet there is much I
would like to say. My purpose is to add
my mite towards bringing to public no
tice this tribute of friendship to genius,
that the book may haee a large sale. It is
dne both to the benevolence of the au
thor and the merits of the oontonta.
Snot fidelity in support of such worth
are rarely combined. I adopt this
method, not expecting my effort to avail
anything, except as it may arouse those
who can make the venture a suoocss. As
rou are yourself a poet, scarce inferior
o any, yon can be in sympathy with me,
and as yoa are oonnected with one of the
most influential papers of the State, you
can bring your brethren np to the,work.
The public need to be interested in tbe
purpose of the author, and to appreciate
the life and genius of his subject The
editors of the South ean produce this ef-
feot if they will, and if it is produced
honor will be done the memory of one
who, in his life, was negleoted, and the
efforts of friendship will be rewarded in
the material aid that will blees and make
happy the deceased post’s straggling
family. Onr people owe it to themselves,
and they shall not longer be
taunted even by onr enemies,
that they will not enoourage, or support
their native authors. And if they can
not . have this sort of feeling, for hu-
S ianity’s sake exercise the common char-
y which patriotism dictates, end take
this why of aiding the helpless ones of
him who, when alive, sung our praise in
the sweetest Of songs that will vindicate
a end onr cause to the remotest ages.
The people will do their duty in buying,'
*• 'if the ptess will do its duty in impress
ing it upon them. As a matter of dollars
and cents there is not a poem that is not
richly worm the cost of the whole book;
there are many beyond pricing in “filthy
lucre.” 'Besidfes tne poems, Mr. Hayne
has given an interesting sketch of the
author, in his own elegant and forcible
style. It is the tribute of a friendship
founded iu school-boy days—strength
ening and maturing in manhood—as
faifcnfnl in adversity as gonial in pros
perity, and Surviving the havoc of death
and the grave. There is no sentiment so
pare, so eweet, consoling and ennobiiac
as'tbe love, of the memory of a dead
friend. From a- man thus capable in
every respect we may expect nothing but
truth, and the truth we have. It seems
that Timrod did not escape the misior-
tune of pi vert?’so iron linked with tin-
poet genins. Riches and poets are as
incompatible as riches and preachers.
Both require great purity of character,
and hoarded money seems sure to con
taminate. As the one unfolds to us tue
beauties of nature, tbe other unfolds tin
beauties of revelation. The gifts that
make both are in natural antagonism to
money-making, and if either should per
chance be born rich, the one will squan
der and the other give away in charities.
Timrod was reduced by tne war from a
state of poverty to one of want. He
-uruggled manfully and uncomplainingly
against his fate until disease fastened it
seif unon him. He was, during all his
Bufferings, as a cotemporaneous poet said
of Hood, “the gentlest child that ever
mirth gave, to be reared by sorrow.”
Dickens was happy in his death-bed
descriptions. He\made them mostly
from his imagination and ctruld so shape
them as to- produce such effect as he
pleased.' Ther? is nothing, the product
of his fahey, wht*h equals the reality 6{
Timrod’s death—such clearness.of intel
lect to the Very last—such composure—
such faith—snch clinging to lifev and yec
such resign tion if he must did, such ex
pressions in the very article of death,
leave ns in doubt, which most to admire
for its evidence of courage and wisdom,
the man as a philosopher, or the man as
a Christian. Once he said: “ And so this
is death, the struggle has come at last.
It is curious to waten it. It appears lik*
two tides—two tides advancing and re
treating—these powers of life and death 1
Now the power of death recedes; but
wait, it will advance triumphant. ” Again
he said: “ So this is death; bow strange;
were I a metaphysician, I wonid analyze
it, bates it is, I can only watch." Ir
there anything in history to beat that for
fortitude in the presence of death ? It
waa the pore oonrsge of the man. Now,
we can view him in a different light
Before sickness, and in the midst of ad
versity, enough to qaail tbe stoutest
heart, he said, “ I am really learning to
trnst God." The narrative proceeds
“For hoars the straggle lasted, aud
then came for a space partial qaiet
and consciousness. He knew that
h* waa dying. Oh 1 I murmured
to him, 4 yoa will soon be at
rest.’ ‘Yes,’ he replied, iu a tone so
monrnful it seemed the wail of a lifetime
of desolation, ‘yea, my sister, but love is
sweeter than rate’ ”
Could any expression be more lovely ?
The ruling passion of poesy was strong
in drath. Hs expressed in a single
beautiful sentence his preference to stay
with his loved ones, and yet was re
signed to depart if bis Father in Heaven
should so will it. Again, "Katie (his
wife) took my place by him ok 5 o’clock
fin tne morning), and never again left
bis side. Tbe lost spoonful of water she
gave him ne oould not swallow. ‘Never
mind.' ha said, T shall soon drink ot
ths river ot eternal life.’ Shortly after
ho slept peacefully in Christ
Hava in nls veiy last words ha expresses
Ms hop* of salvation in his oherisnea
C kis Ungoaqe. Can snob a human
tg. thns bright and gifted, standing
on ths vary threshold ot death stopping
Into eternity, perish as brutes? No;
’tia impoasinls 1 As “love ia swretsr
than teat,” so is faith and hope tract
and ter ngev than man’s adverse Logic.
Bat 1 have written enough. The
practical question, alter all. is, will ths
nook be remnnerativs ? or will its tailors
in this odd to Mie load of reproaches
vbieb ve see now bossing ?
Amicus.
Delivered in Atlanta, March 4th. 1873.
From the Atlanta Constitution.
Wm. M. Peeples vs. Sidney Root. Dis
missal of case, from Terrell.
WARNER, C. J.
The error complained of in this case is
that the court below allowed the plaintiff
to d’8mi8S his case after the Bame had
been sabmitted to the jury, and whilst
they had been considering the same for
some time in the jury room. The right
of the plaintiff to dismiss bis case was
decided by this court in the Merchants’
Bank of Macon vs. Rawls & Taylor, 7th
Ga. Rep., 191; Hugely vs. Holstein, 34th
Go. Rep., 572.)
When the jury came into court iu the
oase now before us, after the plaintiff’s
motion to dismiss it, a verdict, it appears,
bad been agreed on by the jury for the
defendant, written and signed by the
foreman, but there is no evidence that
that fact was known to the plaintiff or
his counsel at the time the motion to
dismiss the case was made. If it bad
been shown to the coart by competent
evidence that the plaintiff had surrepti
tiously or otherwise ascertained that the
jury had lound a verdict against him be
fore tne motion was made to dismiss the
case, and that the coart had then refused
to dismiss it on that account, we should
not have been disposed to interfere with
that judgment, bat nothing of that kind
was made to appear to the court in this
oase.
Let the judgment of the oonrt below
be affirmed.
F. M. Harper, represented by Clark k
Goss, toon k Irvin, for plaintiff in er-
ior; O. B. Wooten, for defendant.
Simon Crogan vs. N. G. Christie, et al.
New trial from TerreiL
WARNER, C. J.
The error complained of in this case,
is the granting of a new trial by the Const
below. The main facts of the case are
as follows: Crogan andJordon|pnrohased
a tract of land with a mill thereon from
Christie, who executed to them his bond
to make a title thereto when the pur
chase money therefor shonld be paid,
Crogan went into possession of the land,
and alleges he has paid all tbe purchase
money, that Jordou relinquished all his
interest in the land {to him. The evi
dence in the record udon this part of the
oase is somewhat conflicting. It appears,
however, that Christie, after he had sold
the laud to Crogan and Jordou sold it to
Smith, and made him a deed dated 1st
of November, 1S59. Smith;sold Ibe
land to Jones, and made him a deeu
dated 4th of August, 1853. On the trial
of tho case, the Court charged the jury,
that Crogau acquired no title to the laud
under his bond fer the title, unless, all
t.io purchase money was paid, and oven
U it was all paid, Christie having made
a deed to Smith covering the land iu dis
pute, the plaintiff was not entitled to
recover unless the proof showed that
Smith had notice of the fact at the time
of purchase, aud the mere fact of Cro
gau heiug iu possession of the land was
not sufficient notice to Smith. The jury
found a verdict in favor of Crogan.
Whether the court granted the new
trial because the jury found contrary to
the charge of tne court, or because tbe
verdict was contrary to tho evidence,
does not appear in the record. If Cro
gan was in possession of the land at the
time South purchased it from Christie,
that fact w <s constructive notice to Smith
at 1- ast, and sufficient t > have put him
upon inquiry a to the character and ej-
tent of Crogen’s laim of title to an in
terest in the land and the charge of tbe
court was error iu regard to that point iu
the case. In view of the evidence con
tained in the record, and as there is some
doubt under the evidence whether Cro
gan was in possession of the laud at the
time of the date of Smith’s deed, we will
MuCAY J.
Where tbe authorities of a town des-
stroy a house to prevent the npread of a
fire, and in so doing cauae the destruction
of personal effects in said house, which
would not otherwise have been destroyed
the town is liable to tbe owner of the
goods for the damages, even though the
owner of the goods is only a tenant in
the house.
The verdiot in this case is not illegal,
as contrary to the testimony.
Judgment affirmed.
F. M. Harper, represented by Clark 4
Goss, for plaintiff in error; Wooten 4
Hoyle, for defendant.
Alfriend k Coleman vs. J. H. Daniel.
Complaint, from Lee.
McCAY, J.
Under section 2406 of the Revised
Code, if one cbargable as executor de sou
ioitdie, his administrator, as such, is
cbargable in the same manner and to tho
same extent as was hiB intestate, but the
administrator does not himself become
an execntoi de sou tort by taking posses
sion cf property found in posstssion of
his intestate, at his death, even thongh
that property was in the possession of
the intestate as the executor de sou tort
of another deceased person.
Judgment affirmed.
West & Kimbrough, C. B. Wooten, for
plaintiff in error.
F. M. Harper, represented by Clark k
Goss, for defendant.
Griffin & Clay vs. John F. Trutlin. Ex
emption of property, from CUy.
MoCAY, J.
It is not sufficient to make a mortgage
lien good against a homestead and ex
emption under the act of 1866, that it
was given in lieu of another mortgage
on the property, unless it farther appear
that the first morgage or lien was a hen
superior to the right of homestead.
There is nothing in the record whioh
shows that the original lien or mortgage
was good in spite of tbe homestead,
either by the laws of Alabama and Geor
gia.
Judgment affirmed.
John T. Clarke, for plaintiff in error.
R. A* Turnipseed, J. O. Wells, for
defendant.
LBTTMtB PHOM JM/J/SO.V.
By Oar TraTtliRa Correipondrat.
Mabikox. Oa.. March 1, 1873.
Dear Sun:—This week we visited
Miliedgeville, being the first time since
the burning of the Hotel last November.
The debris of the old Hotel was being
removed for the purpose of rebuilding.
This we call climbing up the hill of lifo
with a pioper degree of avidity. With
suoh perseverence, Ptioeuix-like, it will
soou rise from its ashes. And what wo
would deem is equally praiseworthy, in
the tamo line, was the rapidity with
which tha McComb Hotel has been fitted
up. This was a dv!apiduted looking
building; but, by the magic baud of
art, has been tastefully fitted up so as to
present a fino appearance. Its furnish
ing aud accommodations caunot be sur
passed. The Messrs. McCombs, pro
prietors of tbo hotel, are worthy of ev
ery encouragement, aud wo would advise
our frieuda .ud tho traveling public if
tney wish to enjoy an elegant enteitain-
ment to give thorn a call.
Persons will find Mr. Fair, with his
fine carriage, at the depot on the arrival
ot the trains to convey them to and from
tho hotel.
As we expected, we found tho Superior
Court for Baldwin county in Session,
the newly appointed officer, Judge Birt-
lett, presiding. Tho new Solicitor, Col.
l’rcstou, was also iu his place. Xiiefe
oflieeis proved a terror to evil-(loci s, as
every criminal case tried before them
was sure to meet its deserved punish
ment. Court cloaedFriday evening alter
the despatch of considerable business.
We left this morning, and urnved in
Mudison at naif-past two p. m. Among
the news of the place, we were gratified
to hear that onr citizens are shaping the
not interfere with the judgment of tho railroad qaeBtion to almost a practical
court below in granting the new trial, development. This road, from Eatonton
Judgment affirmed
:C. B. Wooten, R. F. Simmon?, for
plaintiff in error.
F. M. Harper, represented by Clark k
.Gdfee, Arthur Hood, for defendants.
J imes B. Huff vs. Lucy J. Bournell.
Garnishment, from Stewart,
WARNER, O. J.
The plaintiff held an execution against
the defendant, Ln^y J. Bonnell, for the
rent of a hou e and lot. The defendant
was a widow who had a homestead set
apart for the benefit of herself and her
minor children on a tract of land with
which the house and lot rented by her
from the plaintifl in fi fa, had no con
nection. The widow rented her home
stead plantation to Ward the garnishee,
and the question in the case is whether
the rent due her for the use of her home
stead from her tenant is subject to the
payment of the plaintiff's debt for the
rent of a house and lot wholly disconnec
ted with her homestead ? The Act of
1869 declares that the produce, rents
or profits of a homestead shall be ex
empt from levy and sale, except as pro
vided in the Constitution, and except for
stook, provisions and other articles used
in making the crop, neoessaries for the
family, medical services and tuition for
education. The rent of a house and lot
wholly disconnected with the homestead
is notone of the exemptions mentioned in
I3T” It is dtifionk to s*j which is
the most inspiring, tha tap of the
drum or a keg of fresh lager beer.
via this place, to Athens, would make
important connections, and open np ona
of the finest portions of middle Georgia.
We hope that capitalists will take hold
and push on this much needed enterprise.
Among other changes we learn that
the new proprietor of the Madison House,
Mr. Woodward, is going to make im
portant improvements, both in the ar
rangement and management of his hotel.
He intends to make it a first-class house
in all its departments, just what this
place needs. A hotel of this kind, in
such a del’ghtfull spot aa Madison, can*
not fail to attract visitors and bonders
at all seasons of the year. Northerners
from Florida, returning home, most not
fail to cail and spend some time, as it is
a delightful midway climate oetween
Florida and the> Northern States. They
would receive a hearty welcome, not only
from the gentlemanly proprietor,, who ix
himself a Northerner, and the polite and
attentive clerk, “Uncle George,” whom
everybody knows and respects, but also
from tbe citizens of Madison, who are a
refined, high-toned people, and from
whom they will receive polite attention.
We have another change to notice.
Onr good Bro. Oliver, pastor of the
Baptist Church, being so frustrated in
his prayer meeting efforts on Wednesday
nights on account of its raining on that
day or night all this year, he has changed
his meeting to Tuesday nights, having
the Aot, bnt it is maa it a included in observed it was tyimt always clear
the words, “necessaries for the family.” on that night. Waoommend his zeal.
Bat we think tbe fair interpretation of
these words, when taken in connection
with the other words of the aot, and the
obvious intention of that act, is to con
fine them to such necessaries for the
family as may have been furnished in Sabbath this year.
which is rather surpassing; from the
same cause, we wonid suggest a chango
of the Sabbath day, placing it on Mon
day, os we have oeen deprived of Sunday
school and religions services almost every
making the crop on the homestead; in
other words, the necessaries for the
family moat have been famished them
in connection with the enjoyment of the
homestead property, such os was neoee-
sary for the family in the cultivation ot
the crops raised thereon, aad for the
support of the family whilst doing so to
euable them to enjoy the benefit thereof.
A oon tract for the rent of a house and
lot, having no connection with tbe home-
steed property whatever, is not, in oar
judgment, within the purview of the
act, or iu accordance with the true intent
aud meaning thereof, the more especially
ae it doee not appear that it was neoee*
•arias for the family.
Let the judgment of tbe Court below
be affirmed.
K G. Bailord, by brief, for plaintiff in
error.
No appearance for defendant.
President and Town Council of Deeton
v». Edward Kutturr. Assam port, from
TerreiL
Judge Bartlett is in oar city ready to
take his seat on Monday in Lis official
oapacity.
Our luminary shines with increasing
strength in every piece we have visited,
as yoa will see from the long lists of sub
scribers sent np; so we keep
Oh thb Ga
A Protest Mapart.
When Messrs. Eidridge end Yonng, ot
Georgia, closed the debtee on tbe report
ot the Or edit Mobilier Committee, Mr.
Ritohie, of Maryland, offered a resolution
censuring all tbe members implicated in
the dirty transection—Ames, Bingbao,
Brooks, Dawes, Kelley, and Garfield.
Mr. Bingham indignantly objected to tbs
introduction of the resolution, to wboffi
Mr. Ritohie replied with the pat q° o( *
tion:
"Norofu* t'sr tell th* baiter l»»
With good opinion of th* tiT."
The Ohioman profanely retorted, “Yo»
are a damnod fool." The members wer*
called to order and the House adjourned.