Newspaper Page Text
Vol. Ill—UNTO- 44:.
THE ATLANTA 'W'BEK-LY SUN-MAROH i=3&. Lc47\3T
EA-GO F. JOHNSON ON THE BENCH.
When such men as Herschel \.
Johnson are placed upon the bench
to mete out justice, all who are inter
ested, may rest assured that they will
hold the scales in equal poise. r lhe
Sandcraville Georgian,alluding to the
opening of the Court in W a-hiugton
county, by this distinguished Georgia
jurist, says: .
Nothing could be more striking
than the high administrative talent
which his honor evinced in such an
eminent degree, the stillness and the
quiet that he produced in less than an
hour, in the large court room, crowded
as it was with spectators, was rcniar-
kab'e. The grand jury having been
empanelled he opened their duties
to them, in an able and eloquent ex
position of the high prerogative which
they held as the grand inquest of the
county, and of the subordinate but
not less important functions of their
body, as the guardians of the treasury,
and the internal improvements of the
country. We regret exceedingly that
we are unable to give this master
piece of judicial instruction in full to
our readers, or even a correct synopso
of it. It was listened to with marked
attention, a.<d made a deep impres
sion (as it should have done) upon
the minds of all who hoard him. We
commend most cordially to those, to
whom it was addressed, the beautiful
invocation in the peroration of tin-
charge, in which he called upon tin-
great power of the court, by the sacred
obligation that bound them to their
God and their duties, to give their
diligent aid in the noble effort of the
court to suppress crime and elevate
the morals of the people.
In tlie hands of such men—men
whose integrity, like Caesar's wife, is
above suspicion—men sympathizing
in every particular with the interests
of the State, and who have no object
in view but to subserve law and order,
and to maintain justice to all classes
and conditions—we say, such men in
spire the public confidence and re
stores it to its rightful place in tin
hearts of the people. Thy ermine i.-
no longer soiled in pandering to poli
tical prejudices and exciting animosi
ty between the different classes of our
population.
We are rejoiced to see such men as
Ex-Gov. Johnson, and others we
might mention, upon the Bench, as
it is but assurance that law and order
is to prevail.
^*-4
THE LATE CONGRESS.
The New York Herald is severe
upon the late Congress, and says:
“With the expiration of this d
bauched and degraded Congress passes
away the Republican party. No con
tinued professions of virtue and re
form can save the political organ'za-
tion whose leading member, with i
large majority in both Houses of Con
gress, have shielded corruptionists
and perjurers and thus made them
selves responsible as a party for the
offences they were too cowardly or too
base to condemn.”
From all quarters come the strongest
condemnations of the corruptions of
Congress. The Credit Mobilier busi
ness, being supplemented by what is
generally regarded another swindle
equally as monstrous, the voting to
themselves of increased pay, and mak
ing that pay retroactive, has aroused
a great deal of indignation through
out the country from all political
shades of opinion.
Without discussing the justice of
the measure, as it operates upon the
future, the ugliest feature was the
making of it retroactive in its provis
ions.
DEA TH OF DR. CHAS. L. RIDLEY.
The Monroe Advertiser informs us
that Dr. Charles L. Ridley of Jones
county, about seventy years of age,
died last Thursday at his residence.
Dr. Ridley had resided many years in
Jones, and was respected and beloved
by all who knew him. If we mistake
not, he represented his county in the
General Assembly, several terms.
The mother of Dr. Ridley, a venera
ble lady of nearly ninety years, only
died in November last in LaGrauge,
at the late residence of her deceased
son, Dr. R. A. T. Ridley, who had
preceded her to the grave scarcely a
year. The death of Dr. Ridley, of
Jones, was the last of a number of
brothers, all of whom had tilled hon
orable positions in society and the
public service.
DR. SAMVEL BARD IS WASHINGTON.
A Washington special says that
ISamuel Bard, M. D., D. D. S., and
other abbreviations too tedious to
mention, recognized as “the irrepres
sible Southern loyalist,” is in that
city. He says there is certain to be
the biggest fight the world ever saw
over the Chattanooga postmaster
ship. He has, however, concluded
not to take part in it, and will not
again enter the lists, if he remains of
his present way of thinking.
But then, you see, if Psalmuel
should see a good bone to be gotten
in the scramble, ne is iiKeiy enough
• change his ooinion and see things
diflerenuy
SPIRIT OF THE GEORGIA l RESS.
r I he Macon Telegraph is contend
ing for the preservation of game.
Observing that most of the States of
the Union have found it necessary to
protect game from utter destruction
by forbidding the hunt at the period
of mating and incubation, that paper
says:
During the present month thou
sands of partridges, as we call them,
but quail, as others claim them tube,
are found in the Georgia markets,
when they are not only so poor sis to
lie unfit for food, but when the kill
ing of the bird amounts to extinction
of the species. It would l>e well that
some restrictions in killing game
should l*e enacted in Georgia for the
benefit of all the people.
The Macon Enterprise quotes an
Article from the Chronicle, of Wash
ington, D. €., on railroad monopo
lies, consisting in the combination of
great lines by which they are virtu
ally made one, controlled by a single
animating spirit, establishing prices
that if they do not place an embargo
upon a large amount of trade, come
so near absorbing all the profits of
production as to make many wish
that they were abated as nuisances.
The Enterprise endorses the Chroni
cle and concludes its remarks us fol
lows:
Monopolies are always odious not
because they are hated as such, but
because they are universally unjust.
Give any man or any set of men the
power to take away your liberty and
a sainted few will refuse, but give any
of them the power to absorb your
wealth and they will do so without a
moment’s hesitation.
The Savannah Advertiser animad
verts pretty sharply on the action of
the grand jury of Coweta in attempt
ing to manufacture public opinion
in their presentments in which they
say that Georgia will not compromise
the Bullock bonds. That paper re
marks, in closing:
It may ne well enough to say that
John Brown shall be presented for
murder upon an indictment found
upon ex parte testimony; but we
respectfully suggest that, when grave
questions of public policy come up,
it is not exactly right nor proper that
grand juries shall lead and control
public opinion.
The Augusta Constitutionalist has
failed to see a single argument, or
even an attempt at one, in justifica
tion of the members of Congress who
have voted money into their pockets.
It says that—
They did it contrary not only to the
letter, but the spirit of the contract
under which they were elected to serve
the people in Congress. As to what
their services are intrinsically worth
on the average the public do not feel
called on to pass an opinion. That
would have been a fair topic of inquiry
in reference to future service. But
to pass a retroactive law was an in
delicacy—a wrong and an outrage on
propriety.
The Griffin Star says the holders
of the Bullock bonds are meanwhile
preparing for a fresh and vigorous
campaign next winter, and are deter
mined to have the money they have
invested in our State securities. It
thought and still thinks that—
some equitable compromise should
have been effected with these parties,
and we believe it will eventually be
done, not perhaps until the State is
run to great expense and her credit
still more seriously impaired.
The Rome Courier bitterly deplores
the fact that Georgia Democratic
Congressmen voted for increase of
salary, and says:
The position held by these gentle
men was jiot held in tneir individual
right, but in the right of the people
of Georgia. To exercise that right
to the advancement of their individu
al interests is a breach of trust, and
for which the people will hold them
accountable.
DEATH OF JUDGE PERMEDUS REYNOLDS.
It will be sad news to the many
friends of Judge Reynolds to learn of
his d*-ath, which occurred at his home
in Covington, on yesterday morning,
at 10 o'clock. Although his death
body, only the casket m wtiicn Uiere lame, he the '-lily to be * -
has rested these gems of ham m d against the f .milv.
. _ ., .. . I Ahont abalf doz-'n cafes were eoi-
character, we would tr laamit to oar pos- ■ .. , . . ,
F . tinned for wunt of wniHwi*, prtucipi* ,
t- nty his virtnea and the example of his &c., to the rreat disgust of Jonaen, who
life as worthy of respect and emulation. ! insist* noon keeping toe docker, clo»rd
Resolved, That this meeting of citizens U P: Ab- ut this time old B<> •• Y »ooy
convey to the family of our deceased
s*»ad >n the other, which add
walked into C *nrt with a bunch of ouion*
was anticipated, he bavins: lingered *7. ; in one hand and a string of the
_ . ? “* ; neighoor their profound sympathy in ttus ! rnD ’ 0 f
or severa wee S ou t le rink of the ; their Bad bereavement, and that a copy of | to the loud *r< rat, caused a precipitate
grave,hisdemise w ill sadden the hearts | these reeolutions be furnished to them, i adjournment,
of all who knew him
the representative men of Georgia,
and loved his State and her people
with a patriotic devotion none could
question. Honorable aud high-toned,
inflexible in his adhesion to whatever
he conceived to be correct principles,
and unswerving in the advocacy ol
them, he was a man of mark whose
influence was felt whenever exercised.
Always candid in the expression of
his views, none never had to ques
tion his position upon any subject
affecting the public interests.
But he is gone, and we can only
honor his name, cherish his memory
and endeavor to emulate the example
of his honorable and useful life. To
day his remains are laid in the tomb.
Upon a simple shaft ol marble the
epetaph of “An Honest Man” could
be written and mean more to those
who knew him in life than the most
splendid eulogums that are often in
scribed upon gorgeous aud towering
monuments.
He was one ol ! and that they be published in our county chat with
STAtE PAPER*.
paper, and to the journals of tin fttaie
as a record oi our respect for the de
ceased.
(Signed) H. D. Capers,
J. J. Floyd,
W. L. Beebe,
Committee.
On presenting these resolutions Col.
—The Spring trade of Griffin is prom
ising.
— Counterfeit five cent pieces are
| afloat in Macon.
— One thousand mala* have been sold
! in Coiambus daring the preeent season.
—Mr. John Smith, of Columbia couu-
1 ty, a soldier of 1812 is visiting Macon.
MR. STEPHENS IN AUGUSTA.
The Constitutionalist makes the
following comments upon the address
of Hon. A. II. Stephens in Augusta,
on St. Patrick’s Day:
After “St. Patrick’s Day” had been
performed, in fine style, by the Au
gusta Amateur Baud, Father Hamil
ton ascended the rostrum and said
that he had the pleasure of introduc
ing to the audience the Hon. A. 11
Stephens. He paid a just tribute to
Mr. Stephen’s defense of the cause of
civil and religious liberty in the past,
and said that he was proud that Irish
blood flowed in his veins. After a
few more appropriate remarks,
Father Hamilton vacated the rostrum,
and, together with Mr. Robt. H. May,
assisted Mr. Stephens, who appeared
to be very feeble, to it.
Mr. Stephens said that the subject
of his address would be the “Wrongs
of Ireland.” Mr. Froude had placed
the case of England and Ireland be
fore the American people and en
deavored to persuade them that the
latter had a right to govern the
former. His purpose was to refute
this. He then, alter giving a short
sketch of the life and labors of Saint
Patrick, went on to state the wrongs
to which Ireland had been subjected
in the past by the English. He paid
a glowing eulogy to the Irish people,
aud said that he was proud that
some of their blood flowed in his
veins. The address throughout was
listened to with breathless attention
and demonstrated that the Sage of
Liberty Hall has lost none of the
splendid oratorial powers which held
legislators and people spellbound in
ante bellum days. We regret that
we are unable, at the present time, to
publish the address in full.
Capers paid a most touching tribute to the
deceased. Link by link the mystic chain
of line was breaking. Tnese old men of
another and a grander periol in our his
tory were passing away, and it was well
that we younger men, we scione of these
men who had made a proud lmtory,
should pause at these soiernu moments,
and reflect upon the responsibility which
their death entailed upon us.
We do Dot presume to report this or any
other of the tributes paid to the memory
of this truly representative Georgian.
They were all eloquent in trnth, and not
many present left the Court House with
out the solemn impression of the occa
sion.
Hon. John J. Floyd gave a graphic
description of the life and character of
Judge Reynolds. He had been his com
panion from early life; knew well the
sterling points of his character, and
eulogised his virtues and that manly in
dependence which made him so inflexible
in his devotion to principle.
Hon. W. W. Ciark followed in an im
pressive eulogy on the lite and character
of tie deceased. He had known him
since 1839, and not a man conld say that
at any moment there was in his life his
tory a siDgle vacillation, a hesitancy in
expressing or in acting the whole truth,
as he understood the principles upon
which it was founded. He had come
from the bosom of the people, and his
greatness of heart and of character was
formed in the school of toil and disci
pline.
Col. Cincinnatus Peeples followed Col.
Clark in a most impressive and eloquent
eulogy. He had from early life been an
associate of the deceased, and he thanked
the God of Providence. that he was at
this time permitted to drop a tear at the
tomb of his old friend. Col. Peeples
gave a graphic description of the pnblic
life and times of Jndge Reynolds, and
concluded his tribute with an eloquent
appeal to the young men to emulate his
example.
The resolutions were then adopted by
a rising vote, and the meeting ad
journed.
Seldom have we witnessed a more im
pressive occasion. All went away pro
foundly impressed with the occasion.
The burial services take place to morrow
at 4 o’clock, p. m.
f/rr POLICE COURT
“ If plunged in sorrow or in grief,
And yon would And a aura relief,
It is n.y candid, true belief
You can obtain it by a brief
Visit to the Police Court.
The many friends of W. H.
Crisp will be glad to learn that he is
soon to resume his profession, the
stage, and with his daughters Jessie
and Celia, intends visiting the North
this summer. Mr. C. has been resid
ing in Texas for some years.
The announcement is author
ized liy Dr. Deems, of the “Church
of the Strangers,” New York, that
Commodore Vanderbilt has given
¥500,000 to Bishop McTyeire, of the
Southern Methodist Church, to es
tablish a university in Tennessee.
jggT’Mrs. Livermore says the “com
ing woman” is on the mountain top,
and her spirit is of the mountain air.
If she will jnst remain where she is,
and air herself, she will find any num
ber of Mahomets going to her.
It requires a greater amount
of nonsense and humbug to please
the pnblic than of any other kind of
intellectual commodity.
. , . . j. ir tsi. i , Those who attended this institution
At the conclusion Of Mr. Stephens ye8 terday were forced to cut short their
i __ -XT... visit on account of several reasons, chief
among which was tue scarcity of offen
Palmetto benzine haB the ef
fect of printing the title oi the Shield
npoa tne onrWi tout*
address a thunderous round of ap
plause was given by the audience,
who then dispersed.
THE IIKJ TH OP PERJRBDUS RET'-
NO I. IIS, OP jyEtPTOJT COUJYTX\
Meeting of Citlznnn to Kxpreis their
Sense of Soriow.
Covington, Ga., March 19, 1873.
The death of Permedns Reynolds, a
distinguished citizen of Georgia, being
announced to the Conrt by Col. Peeples,
he moved that the Court do now adjonrn
that the citizens of Newton county, who
were desirous of expressing their feel-
in gs'on this solemn occasion, should have
the use of the Court House. Judge Hall
thereupon adjourned the Conrt until
the afternoon.
The Court House was soon filled with
the citizens of the county who were pres
ent to pay their tribute to the memory
oi their distinguished fellow citizen.
The meeting was called to order by
the appointment of Dr. H. J. Bates, one
of the oldest citizens Jto the chair, aud
Gen. J. P. Smith, as Secretary.
Upon motion the Chairman appointed
a committee, consisting of Col. H. D.
Capers, Judge J. J. Floyd and Rev. W.
L. Beebe, to draft resolntions expressive 1
of the sense of the meeting.
After a short absence the Committee
reported the following resolntions:
Whereas, It has pleased Almighty God
in his inscrntible providence to remove
from i among ns Permedns Reynolds, a
representative man among the represen
tative men of Georgia, a good citizen of
this connty and a highly esteemed mem
ber of this community; and, whereas,
we recognize the sad duty of expressing
at this time oar high appreciation of the
character and virtues of our deceased fel
low citizen; therefore,
■Be it resolved by the citizens of New
ton connty, That in the death of Perme
dns Reynolds we recognize the fact that
there has passed from among us, to the
Eternal Shore, a good man, a patriot
citizen, and a highly esteemed neighbor.
Resolved, That in his loss to this com
munity there is left a void which only
the most inflexible integrity, devoted
adherence to trnth and estabUahed prin
ciples fixed thereon, and nnswerring
obligation to a team of duty can fill, and
while we now raoogni*e In hie deed
ders. The “ hulabullo” kicked up by
the gallant Major the morning previous
gave the old soaks the “ thumps” to such
an extent that they guzzled less light
ning juice the night before than was
their custom. But away out in the pur
lieus of Marietta street, there are a few
who do not read The Sun aDd of course
have no idea of the damage done by the
Police Court morning after morning, and
among those who fail to get the news is
the aristocratic family of McPhersons.
They keep eo far behind the times
they did not know that St. Patrick’s day
came on Monday, and by mere accident
heard of it the day following. Being
strnck with the importance of keeping
ap with the times, they forthwith in
vested in a quart of rifle whisky, and
as soon as possible got outside of it. It
soon “took.” The vaccination was com
plete. A dispute was tbe consequence.
After “ pirootiDg” around till dark they
supported one another home, where a
prowling policeman heard them kicking
up old Nick. He was tbe only witness,
and gave, in detail, the history of the
McPherson family:
“ Mac and h1s wife did not agree,
As married people should;
Cause: Incompatibility
About igniting wood.
Tbe bosom ot tbs manly Mac
With deep contempt was Ailed
Whenever Mrs. Mac essayed
Tbe household Are to build.
For, womankind he wisely deemed
Incompetent to learn
The art mysterioms by which
A Are is made to burn.
If Mac took up the tongs to poke
The waning Are about,
Quoth Mrs. Mac, •• Of coure the Are
Will go now! ” ’Twill go—out 1
“ Come, Mac! Doth leave tbe Are alone!
’Tis worse, the more you stir!’’
Thus impudent was she to him,
And likewise he to her.
Twas evident their’s was a match
That had been made on earth,
For Are-branda of dissension burned
On their domestic hearth.
One day in McP’s end of town,
The clam'rous Are-bells rang;
1 be dread appeal smote on Mac's ear,
And to his feet he sprang,
And seized his water-pail and rushed
Toward the door pell-mell.
When Mrs. McP’s dulcet tones
Upon his hearing fell.
Where are you going, Mac?” cried the,
“ Pray what are you about Y’
“ To Agbt yon raging Ar«,’’ cried he,
"And try to put it out!”
Up spake the partner of his joys,
Quick to avenge her wrongs,
" II you desire to stop that Are
Why don’t yon take the tongs V*
Then Mac raised up tbe pail on high
In quite a tragic way—
And Mrs. Mac lay quite content.
For she had “ had her say.”
The Mayor being a married man.
Could not enough admire
The promptitude with which Mae
Her “ ineffectual Are."
Hot dal the Mayor hesitate
To tally Justify
Mac.—on the ground ot his “ ano-
X-'H.Ai .asanlty.
—Tbe Irish people of Macon had a
good time in M;»ccn on St. I atnek’s day.
—The authorities of Pike county are
preparing to bniid a jail.
—Tbe people of Griflin are erecting
new houses and repairing old ones.
—Rome has bad a meeting of her cot
ton producers, buyers and holders.
—Rev. Jackson Oliver, of Bnrke coun
ty, died on the 3d instant.
—Cal Wagner’s minstrel troupe per
form in Coiumbns Monday and Tuesday
evenings next.
—Fifty-five persons have united with
the Baptist Chnrch of Colambus daring
tde revival now in progress there.
Mr. J. J. Walton was robbed of #500
by thieves who were boarding in his
house, last Saturday night
— James Dougherty w*s killed by his
step son, John Reilly, in Savannah, on
Monday night.
—W. B. Terhnne has been elected
County Judge and Dnnlap Scott County
Solicitor ol Floyd county.
—Rev. C. H. Stillwell, elected Clerk
of the Board of Commissioners of Floyd
county cite B. G. Salvage, deceased.
— The grand jury of Early county
protests against the establishment of a
county court for tbe connty.
— General Phil Cook, member of Con
gress from the third district, has ap
pointed a committee to examine appli
cants for a West Point cadetship.
— Three negroes murdered a fourth
one in Henry county last week, taking
out his bowels and heart and splitting
his head.
— A negro fellow sainted a negro girl
with a load of buckshot in Savannah on
Monday, and it is supposed mortally
woundei her.
—The Good Templars of Rome move
gradually and proudly on, and “ Bill
Arp" is the most conspicuous tigare in
the front ranks.
— The Dish citizens of Savannah had
a grand display in the celebration of St
Patrick’s Day. Mr. William Grayson
Mann was the orator of the occasion.
Mr. Cargile was tried and acquitted in
Bulls county last week for killing N. P.
Harris, who attempted to violently enter
his house a few weeks ago.
—“There’s life in the old land yet.
The Star says there have been more chil
dren boin in GriffiD within the last
twelve months than any one year since
the war.
— Mr. D. N. Hightower, a citizen of
Fort Valley, was arrested Friday evening
by United States Deputy Marshal Ford
ham, on the charge of intimidating voters
at the last Gubernatorial election.
—Tbe Irish citizens of Angnsta had a
splendid time on St. Patrick’s tlay, on
which occasion Hon. A, H. Stephens was
orator. His address is spoken of in tbe
most enthusiastic terms by the city press.
—Mr. Joseph H. Jones, son of Rev.
John Jones, of this city, has been se
lected by the Presbyterian Sunday
Schools of Macon as speaker for the May
celebration.
—The General Government having ap
propriated ten thousand dollars for re
moving obstructi in in the Oostanaula,
at Rome, steps are being taken to build
a boat and to carry ont the object of |the
appropriation.
ml* slate in IhliO, bui sets up, by w.i i»f
•voi.Lnce of In-* liability ilierefor, li »t
in some wav in the execution of his rust
it got into Confederate money. Thu* lat
ter part of the answer was not respo .Hive
to the allegations in t' e hilt and wa not
evidence for them, it being upon their
information aud belief only. Tne
Court should have instructed the
jury as to which was and what
was not responsive to the bill in order
to make it evidence for the defen
dants—Neal vs. Patton, 40th Ga. R'ps.,
303. The court also charged the jury
contrary to the request of the complain
ant’s conusel, that the order of Judge
Loohrane wa^ conclusive proof upon
complainant that it was trust-money
which was so ordered to be iuvested.
This chaige of the conrt was error in
view of the facts of this case. Whilst it
may be true that the order of Judge
Lochrane was conclusive that the defend
ants d d invest the Con>ederate money
then in his hands, as trust-property, still
that order was not conclusive as to how
or in what manner the fund received by
the defendants intestate in I860, got into
Confederate money in 1864. The yoint
in the case was, how did the trust fund
received by the defendants in intestate
1860 get into a Confederate trust fund in
1864, to l>e invested as sack, under that
order. The defendants intestate, by some
means, had oou verted the trust-fund into
Confederate money, and the order only
authorized him to invest that Confeder
ate money—whether the defendants in
testate had wrongfully or improvidently
invested the trust-fund received by him
in 1860 into Confederate money, as such
trustees, was not iuvolved or adjudicated
by th • order of Judge Lochraue. It ia
rue this court h*s held on several occa
sions, and now holds that when trustees
nave received Confederate money .-Inring
the war in the discharge of their legal
duty when it was the common currency
of the country, in good faith, when pru
dent Dusirew men were receiving
it, that they would be protected, but
tins court has always held that the faits
aud ciroumstauces under which it haa
been received must be clearly and satis
factorily shown as evidenoe of that good
faith and the fairness of the transaction,
or they will not be protected. When a
trustee in the discharge of his legal duty
has received into his UanUs good tunds aud
seexs to discharge himself from liability
therefor on the ground that the same has
been converted by him into Confederate
money, and lost, the burden of proof is
upon the party who insists upon Buoh
loss, and he Bhonld be required to make
clear and satisfactory proof that he haa
acted with entire good faith to entitle
him to be pr'oteoted. The definition ol
good faith which the court gave in the
charge to the jury in this case was error,
to-wit: “Honesty, and a purpose to do
right, no matter how mistaken abont the
law.” If atiustee violates the law in the
discharge of his duties as trustee, then
he is responsible for such violation, no
matter how honestly he may have acted,
his mistake or ignorance of the law will
not excuse him, for trustees, as well as
other persons, are bound to Know the law
and regnlate their conduct by it. But
wheu thev act koaestly and iu good faith
in the discharge of their duties under the
law, aud not iu violation thereof, then
they will be protected.
Lot the judgment of the court below
be rever e ',
C. C. Duuoau, Samuel Hall, Nisbett _
& Jaeksou, for plaintiff in error.
B. W. Davis, Warren & Grice, for de
fendant.
Decisions of the Supreme Con
Georgia.
Delivered in Atlanta, March 19/A,
1873.
Bat by way
of enoouraging the polios (
i to Vifcar «tfi * vtyf-'
From the Atlanta Constitution.
A. C. Westbrook, trustee, vs. John G.
Davis et al., administrators. Equity,
from Houston.
WARNER, C. J.
Thie was a bill filed by the complain
ant against the defendants as administra
tors of Burnham, praying for an account
and settlement of a fond of 4,081 68, al
leged to have been received by their in
testate in their life time, as trustee foi
Catherine Westbrook. On the trial of
the case the jury under the charge of the
Conrt}fonnd a verdict for the defendants.
A motion was made for a new trial, on
the several grounds set forth in the re
cord, which was overruled by the Court,
and the complainant excepted. It ap
pears from the record that on the 26th
day of April, 1860, Burnham, the de
fendant’s intestate, received, as trustee
for Mrs. Westbrook, the sum of #4,081 68.
In February, 1864 Burnham obtained an
order from' the Judge of the Superior
Court authorizing him, as trustee, to
invest the fnnd, then in his hands in
Contederate money, in Confederate
boeds, which was done, and the same be
came worthless. The main point in the
case is, how and in what manner did the
money received by the trustee in 1860
glide into Confederate money in 1864,
when the same was invested by him in
Conlederate bonds nnder the order of
the Jndge of the Superior Court ? It is
quite clear that it was not Confed
erate money when the trustee received
it, and he never made any return of his
actings and doings as trustee in relation
to that trust fund, as the law required
him to do. The defendants admit in
their answer that their intestate received
the #4,081 68 as charged in complain
ants’ bill, bat allege that to the best of
their information and belief that fund
was converted into Confederate money
by their intestate in the dne execution
of his trust, and asked to be protected
under the order investing the same in
Confederate bonds. The Court charged
the jury that tbe answers of the defen
dant upon their information and belief
was not evidenoe unless responsive to the
bill, then it ia evidenoe, but did not in
struct them what was or was not respon
sive to the bQL This oharge of the
SOourt, in view of the Mots of the
error. As before
admits the receipt of
The Southern Express Company vs. S.
& J. Palmer. Case, from Muscogee.
McKAY, J.
1. An action against a comm >n carrier
for negligence iu the performance of his
duty as a carrier, under a contract to car
ry, is an action upon the case, ex delicto,
and may be joined with a count in trover
or trespass, vi et armis, but if tbe action
be for negligence alone, under the con
tract to carry, or if the counts in tiover
or trespass, vi et armis, be abandoned,
the plaintiff cannot repudiate the con
tract, either expressed or implied, under
which the carrier received the goods,
and recover for an unlawful taking.
2. A carrier who receives goods to car
ry from one not authorized to deliver
them to him, is a trespasser, and may be
sued in trover for the goods, as any other
illegal taker may be; bat if a suit bo
brought against him, as a carrier, charg-
ng him with having taken the goods un
der a contract with the plaintiff’s agent,
and with neglect of duty nnder the obli
gations of that contract, and there be no
count for a wrongful taking or conver
sion, the plaintiff can only lecover for a
breach of duty under tne contract as
made with his agent.
3. If one adopt a contract made with
his agent, who had no authority to make
euch a contract made with his agent, who
had no authority to make such a con
tract, he must adopt it entirely; he can
not adopt a part and repudiate a part.
4. The contract in the record between
Adams Express Company and tbe South
ern Express Company, is an express con
tract signed by both parties in which it
is specifically agreed that tne Southern
Express Company should not be liable
for “river risks” on any goods delivered
to it or carriage by the Adame Express
Company, and if the owner of the goods
sue the Southern Express Company, not
as a tortions taker, but as a carrier under
that contract, for negligence by which
the goods were lost, he most abide by
its terms. Alder, if he sue in trover or
in process for an illegal taking or con
version.
5. The cases of the Southern Express
Company vs. Shea, 38th Ga. R. 519. and
the case of the Southern Express Com
pany vs. Cohen & Menko, 45th Ga. R.
148, are as to the facts and the pleadings,
similar to the present case and most con
trol it
6. If an action upon the case against
a common carrier for negligence, nnder
his contract, he brought within four
years, and after four years have elapsed,
the plaintiff amend his writ by adding a
count in trover, and a count for trespass,
vi et armis. Query, whether the new
counts are barred ?
Judgment reversed.
R. J. Moses, for plaintiff in error.
H. L. Benning, for defendants.
#9” “O, pa! there goes an editor 1”
“Hash, son,” si^l the father; “don’t
make sport of the poor man—God only
knows what you may come to yet!”
—Gwinnett Superior Court closed a
moot laborious session of two weeks, on
Saturday last
—Bona, who killed Burton in Forsyth
stated, the anawsr aooaty, a short time sinoe, has oeen eap-
toe mcowr brtofc 1 «rsd and lodged ia jati.