Newspaper Page Text
4.
TH i i -A- r X 1 3-i-A. IST T-A.
iY STlTTsT—APRIL 1, lQ'T’Q.
Vol.
SPIRIT OF THE GEORGIA PRESS.
The Savannah News regards the;
resignation ol Caldwell as verv stu-
O , • I
j>id, and that it is equivalent to an j
acknowledgment of guilt, and dis
arms the Jew lriends who, not less I
(.uihy than himself,might have voted | »
TULA LAN l A SI X
1!
THE RADICAL BROKERAGE Bl Si SEES
News from Washington City with
in the la.-t few oa\s indicate that cer
tain Georgia radicals have entered
into a sort o! Federal office broker
age business—that is to say, lor a
certain amount of money,commensu-1 might have pretended to believe that
rate with the office sought, influential; hj d expulsion was unjust, and that it
(?) Republicans will promise to se- resulted from personal and partisan
cure appointments to Federal olfice ( prejudice. That paper says:
to be conferred upon such parties as r l'he disgraced Senator may find
will apply to them and pay the comfort in the thought, that by his
amounts demanded. This system timelv resignation he escaped the ig-
Beemsto have been pretty well organ- ™m\ny of formal expulsion, but he
izetl, and the commissions demanded
were at pretty high figures. II. H.
"Whiteley, one of the “ shining lights”
in the Radical church in Georgia,
and a member of Congress, it is
charged, 1ms received a commission
of Jour hundred dollars in a single
instance.
Radicalism in Georgia has sunk to
a low level, and does not hesitate to
Stoop to any sort of rascality to secure
office and its emoluments. There
never was a worse set of men, take
them all in ail. with a very few ex
ceptions, than those who have ma
nipulated that party in this State
Having robl>ed the State to the
amount of millions of dollars, and to
such an extent that they have been
hurled in disgrace fr >m power, the
few “ leaders ” who hold out as such,
are using the little influence they
have at Washington for ]mr]*oses the
most base. With no hope of posi
tions of honor and trust in our State
affairs, they are endeavoring to use
their supposed iutlueuce 6olely to the
end that the}’ may fill their pockets
in a scheme of political brokerage
wliicu has, it is to be hoped, been
broken up, as their recommendations
in several instances have been disre
garded.
A few days since Senator Gordon
had an interview with the President
during which he obtained a promise
from Inin that when evidence of cor
ruption and forgery are used to se
cure nominations that he would with
draw them. If for nothing else, the
President deserves the thanks of the
people of Georgia for this promise;
and if he will pay less regard to the
lying reports of affaire in Georgia
which reach his ears from the mouths
of these Radical Ishniaelites, he will
find upon the w hole that the public
Service will be better conducted, and
a greater degree of confidence in his
administration and good intentions
restored among the people of this
Suite.
The office brokerage business in
, Washington City is but the debris or
remains of the great swindling ope
rations in Georgia during Radical
rule *here. Their stupendous busi
ness having been completely broken
up, they have carried the remnant of
their stock iu trade—the little influ
ence (?) they have left—to the Fede
ral Capital, whero they supposed'their
profits would be greater. If their
business is broken up, their occupa
tion, like Othello's, is gone, and they
will have to resort to more honorable
means of livelihood.
FLORIDA.
The following is an extract from a
letter written by M r . Callen Bryant
to his paper, the New York Post.
The letter is dated at lV.atka, Fla.,
the 18th inst.:
This long peninsula of sand—sand ....
“ disintegration of the I ^ or ™ 8 , P«*w»«on of his i n. ess.ou.
-.bloh Vuot VL.vfibl Mr. Beck formed a very favorable icea
From the Griffin News, Match 25 ]
HON. E. W. BECK.
We had rh • pleasure ol meeting Mr. |
B-ck ou yesterday, and a re pleased to 1
see him icokiuv to be in renn.rki.idj-1
od iiealih Tee arduou duties of
Congressman ior tee past three montus
lets nad the effect ot improving his
health, and he returns to enter upon a
Lamer & Anderson, for defendant.
Ill—
S. M. S isel & Bro.
Complaint, from Bibb,
TRIl’PE, J.
Although u pit a of usury does not
no- think it sufficiently estates.., ,V
w . , lutt that the horse was s-oien toaut ^
vs. West Harris. I the verdict of guilty. Tina “ - 0ri *«
‘set,
trial should nave been graun-a *
Judgment reversed.
K. W. Jem’fou, ii. W. Stubbs
to sustain him, and who afterwards! ral ^ 0u w]uch East Florida :
eorui rock on w men xiast r loimn . o| m o{ tlu , jewing members ot Con
lies, is divided lot . nearly its whole -, reg8> aU( j considers tue 4*2d C'.ngress a
leugth by*the majestic river of St. veiJ u i,i e body of men. He m t the
SE WING MACHINE AGENTS.
The Griffin Star is # unnecessarily
severe on a class of people known as
Sew.ng Machine Agents, and in re
ferring to one of tnat craft biought
belore the Clavton County Superior
Court last week, charged with keep
ing back “ part of the price ” of a
machine, was sentenced to the Peni
tentiary for one year, says “if he (the
Judge) conld have sent most of the
balance of that fraternity to the
same hospitable clime it might have
been a good thing. But as this poor
devil was singled out just because he
bad no money or friends we -think
it rather hard. Next to a Life In
surance traveling pedlar, we consider
ike machine men most obnoxious.”
This, to sav the least of it, is harsh
language to use toward a useful, and,
a general rule, worthy class of per
sons, many of them ladies, making a
respectable living for themselves and
families, for which tliev deserve credit,
instead oi sending them, as our co
temporary suggests, “ a good thing,”
to the Penitentiary.
In our judgment, the agent, if he
represents a company known to man
ufacture first-class sewing machines,
is rather benefactor than otherw ise.
will find few, even among his party
friends, to share his consolatory re-
n options. Surely he must be Was
indeed, if lie is so conscious of his un
fitness to remain a member of the
present .Senate of the United States.
We pity the man who has fallen so
low in his own esteem. That such is
Caldwell's estimation of himself, his
voluntary resignation of a seat which
Cust him so much money to obtain,
must be regarded as the most indu
bitable proof.
The Savannah Advertiser, on the
subject of the liberation of the slaves
of the island of Porto Rico by the
Spanish government, thinks that it
is not likely that the island will be
overrun by a swarm of hungry crea
tures from the old country, intent
upon spoils political and pecuniary.
But the Advertiser thinks, however,
that •
—Portq Rico, for her own good, is un
comfortably contiguous to the United
States, where there are corps of car
pet-baggers thoroughly trained, and
who are just now looking for fresh
fields and pastures green. The South
ern orange has been sucked dry, and
the sugar cane fields of Porto Rico
offer succulent and tender pickings.
God help the gentle, simple, hos
pitable peojde of fhat little paradise
if these lantern-jawed land sharks
who have swallowed our substance
shall take the scent.
The Chronicle and Sentinel says
the order issued by President Grant
preventing United States officials
from interfering in State and muni
cipal politics by prohibiting the
holding ol offices under both the
general and local governments, and
the more recent one forbidding army
officers to attend the sessions of Con
gress for the purpose of lobbying,
constitute two substantial refornu
given us by the President. That pa
per thinks
—there has been just and general
complaint of the number of blue
coats in the streets of Washington
and the lobbies of the Capitol when
any bill affecting the army was before
the two Houses—and the militarv
ring was as well recognized an insti
tution us any of the other rings which
influence the legislation of Congre
The Augusta Constitutionalist,
discussing the political future, tliiuks
the West is realizing now that its in
terest is more nearly interwoven w ith
the South than the North, and that
when the West and the South uuit°
their political strength, which they
must aud will do from the law of
self-iuterest, they will rule the-coun
try. That paper concludes:
The numerous grand railroad en
terprises ] a t; e ]y inaugurated by the
people of the West to reach the South
ern Atlantic coast is evidence that
they feel it to be to their interest to
have more and more direct channels
of trade with us, and through our
seaports, with foreign counties. These
friendly advances of our Western
neighbors, though prompted by self-
interest, will be met in a generous
spirit by tne South. This alliance
for social and material progress will
beget an harmonious political interest
and aim which, under a conservative
programme, such as the Cincinnati
and Baltimore platforms of last vear,
will leSU to a grand triumph in 1876.
Joliu, which rises in the southern
part of the peninsula, a broad, deep,
placid stream, as black as a Claude
Loraine mirror, with no motion that
makes a ripple, and here and there
spreading into lakes. Into this great
artery scores of smaller streams, just
as dark and just as quiet, and either
drained from swamps or fed by copi
ous springs, bring their waters and
keep its channel full, in some places
aimost even with the banks. These
low tracts are, of course, swamps;
they are crowded with trees and
shrubs of various kinds, the roots of
which are in a black mould, which
stains the water drained from tItem.
As you pass along tins calm, dark
river, or its calm, dark tributaries,
you sweep by tuese marshy s; ->•: t, aud
come to others where the shore rises
a few feet above the water, aud the
soil is almost pure u nite Mini. Ou
the more fertile of toe.-e ; ■ ■ i- grow
lofty live-oaks aud magnolias, and
here the settler inak s In- p- i. ii-s,
and builds his dwelling, and plants
his orchard of orange live.-.
forth tLe sum upou which it was paid, or ; iU err or.
to . e paid, the tune when the contract | ^ , '-'roctor, Solicitor-General rpr
was made, whcie payable, and the amount redeule -* Z. D. Harrison, Esq., Er
of usury agreed upon, etc., as r« quirt'd {°‘ ate ‘
by section 34l9.li of tLe Code, vet if it
Anna Dickinson has a good
idea of matrimonial alliance cl the
part ol tne women. She thinks a
n»an with brains and character is
superior to one without either, how
ever much money he may have. Now,
let her convince her sex oi tna: and
her mission win prove very beneficent.
FALSE PROPHETS.
This is sufficient to scare a great
many people. It is from the Balti
more Gazette:
Dr. Trail, of Philadelphia, is the
coming prophet. We are to have a
period of pestilence. Jupiter, Saturn,
Uranus and Neptune are all ap
proaching the earth. In their train
come plague, famine, intensely hot
and bitterly cold weather.
Eve-y now and then some man,
claiming prophetic knowledge, finds
it necessary to ventilate some vision
ary seneme to either destroy the
world or the people therein. W hen
Jupiter, Saturn, Uranus and Nep
tune do strike this earthly habitation
of ours, it is very probable that “ Dr.
Trail, of Philadelphia,” will have lefi
for “ parts unknown.”
THE PRESS ON JUDGE ERSKINK'S DECIS
ION.
The Savannah News says “neces
sity knows no law,” and because ne
cessity knows no law, is no reason
why a Judge of the United States
District Court should know no law.
Judge Erskine’s decision is not only
in violation of the law, but is in the
teeth of the Constitution, which for
bids “ discrimination on account of
race, color, or previous condition of
servitude.” The News severely com
ments as follows:
His rule is clearly a discrimination
for the purpose of placing negroes ou
the jury lists of liis court. Judge
Erskiue will not contend that it is to
the interests of the country that there
should be a sprinkling of ignorant
negroes on tne Federal juries, lie
seems to regard jury duty as a privi
lege to which the negro is entitled
whether he is tit to discharge the du
ties of the position or not. lie wants
the negro on his juries not because
lie is a competent juryman, blit be
cause he is a negro, and his rule is an
avowed discrimination in his favor.
Now we liolu that it is j list as wrong
for a judge in the administration of
the law to discriminate in favor of
“race, color or previous condition,”
as it is to discriminate against them.
The Columbus Sun says “a pure
and learned judiciary, where .aw is
expounded and justice is administered
and executed promptly, impartially
and truthfully, will survive and pro
tect life, liberty and property, long
after the political institutions of a
countro have, from corruption, sunk
into nothingness;” but that we have
witnessed a “judge construe a plain
written Constitution and Su.* ute so
they mighL conform to his p. sssons
and prejudices aud thereby place ig
norance and vice into the iury-box
to determine the rights of person a..d
property of the citizen.” Concludes
the Sun:
If these things cannot excite the
contempt and condemnation of the
nation, then we have lost the spirit
of freedom. Then the day lias arrived
when governments are made only
that power may be prostituted to op
press and not protect, to enricn and
ennoble the governors, and enslave
and debase the governed.
The Southern Watchman, noticing
that not only the press, but the legal
profession, are down on Judge Er-
skine heavily, says:
All see aud feel that the last hope
of justice will depart whenever our
Courts allow packed juries to be em-
pannelled—aud that life, liberty and
property will be sale no longer.
B5P" 0 The I. & B. exclaims to its
friends, “Awake to action!” If they
don’t, we should say pitch ’em into
President seVvrai times, iml describes
liua a? u plain. unpretentious, practical
iui.it, wbo dispatches business raoidly. lie
lias good nard sense without me cultiva
tion or learning of a Statesman. Willie he
is a bold, tearless, independent man, his
advisers, who are the ablest men in the
couu'ry, have a good dear o; influence
wit ij him, aud he would go right straight
ahead attending to the duties ot his office,
were it not for the counsels given him.
The President has postponed his South
ern trip because he is not prepared to
take it just now, and not that he is afraid
ii. assassination, as announced uy certain
Ba real authority. As Mr. Beck well
says, “General Grant is not afraid of
anybody or anything.” He will, no
• i not, make a Southern tou r as soon as
be cm tiuu it convenient, and we believe
our people will treat him with that cour
tesy due the Chief Magistrate of a great
government. True, there are scores of
office-holders who will make nincompoops
of lueniselves and ulsgu.-t decency with
their sycophantic fawmnm »>ut the sensi
ble people will show him that polite hos
pitaiity and respect due his exultCo posi
tion.
We have no ooubt but what Mr. Beck’s
picture ot the President is very c rrect,
and that his evil surroundings have much
to do in influencing ms course. With
such men as Morton, Cameron, Coup
ling, Beast Butler, and ju.->t such politi
cal harlots, who are as sharp as mean, to
advise him, it is perhaps a wonder that
he acts as well as he does. Tbe South
had stiODg hopes that as the President
was a brave and successful General, he
possessed the other qualifications of
soldier—magnanimity and respect for
the rights of the conquered.
We have had frequent occasion to tclk
with our people in reierence to thecou se
of Mr. Beck in Congress, and we are jet
(o find the first man who does not ap
prove it. When we tender him our con
gratulations upon a safe arrival home, we
do so mure heartily upou the ground ot
liis successful career in Congress and
tue honorable position he occupied in
that body. M. Beck is no politician,
never bought or held office before, and
knowing the wants of the people with
whom he had intimately associated,
went to represent their iuteres s, and
right faithfully Las he discharged that
duty.
We trust that he may be more succes-
ful in the practice of his profession than
• ver before, aud that he may ever stand
as iair wub the people of Georgia as he
does to-day.
Decisions of
the supreme
Georgia.
Court of
Delivered al Atlanta, March 25, 1873.
Florn the Atlanta Constitution.
:, administrator, vs. D.
et al. Bui, etc., from
«oas?>
•’» VI”V *
■i’2J f u.'i *
The Ohio Legislature, the
majority of which are Republicans,
recently indefinitely postponed a oib
inc.tasiug tne uovernors salary from
four thousand to six thousand dollars
per annum. The office, at best, is
little more than one of mere routine
duty.
the water again.
The New York Herald, of
the 23d, contained ninety-six col-
ums of matter—sixty-seven of which
were devoted to advertisers and
twenty-nine.io news and general in
telligence.
The temperance question
seems to be agitating all the State
Legislatures North, East and West,
and our sister State of Tennessee has
just concluded to join in the general
effort to suppress tippling and adopt
a local option law, which it is said is
more rigorous in “s ura visions than i consent to the making of the deed.
Briij. Stripliuj
M Stripling,
Houston.
McCAY, J.
When a suit was brought against the
administrator of A, charging tout A, dur
iug his lilet me, had as administrator of
couiplainunt’s lather, bought tne lauds
ot the estate at his own sde at less than
their value, that the lands had since A’s
d'tttu been distributed to his neirs, aud
were now in the hands of B and C
purchasers from said heirsj with, no
lice.
The bill prayed that the deeds be can
celled aud the lands be delivered up; or,
if this could not be done, that the ad
miuistratcrs of A account for their true
value, as well as account generally to
complainants ior the devastation of his
intestate as administrator of complain
ant’s father. On the trial the defendant
offered to prove that the lanas brought
its rue value, and that the sale was lair,
and this evidence the Court refused to
permit.
Held, That as one object of the bill
was to recover the true value of the land
that this was proper evidence, and that
ms the jury had by their verdict, failed
to canci 1 the deeds and return the land
but. found a money verdict, a nt w trial
ought to be granted for this error of the
Court.
Judgment reversed.
Warien it Grice, for plaintiff in error,
Duncan & Miller, B. M. Davis, for de
fendants.
The Southern Express Company vs.
Elizabeth Duffy. Ejectment, from
Spalding.
McCAY, J.
A mother made a deed to procure the
release of her son from wrest a charge
of felony, to-wit: for embtzzling money
in his hands as the messenger of an Ex
press Company. The expressed consid
eration of the contract was the repayment
by her of the money embezzled by the
son; bnt it was in proof tnat tne son was
nnder arrest and in chains, and the
grantee in the deed agreed to release the
son and stop the proceedings, thonrh he
txnrcssly refused to settle the prosecu
tion, saying he conld not control the
public authorities. The son was re
leased aud the proceedings stopped.
Held, That the deed was illegal and
void.
Judgment affiimed.
Peeples & Stewart, E. W. Beck, for
pfaintiff in error.
E. W. Hammond, Boynton & Dismuke,
for defendant
Amanda Dazemore vs. Martha Davis.
Ejectment, from Bibb.
McCAY, J.
Where land was held in trust to A for
life, aud at her death to her children,
and the trustee sold and made a decu as
trustee to the whole out, A, the life
:en>.ii- titl ing on the deed a written
does state the rate per cent, of interest
which was agreed to be pi.id, and tnat
the usury iu the contract sued on amounts
to as much as is due ou tht contract—
and no demurrer or exception is taken to
the plea, it is error iu ihe Court to charge
the jury that becau-e the plea do~s not
set forth the foregoing specifications they
caunot cousider it.
Money was loaned at usurious rates to
a firm composed of A, B and C, aud a
mortgage given by the borrowers on their
stock ot goods to secure the debt. The
mortgage was foreclosed, and the fi fa
was about beiug levied on the goods,
when the mortgagers insisting upon in
dulgence Dti'-g given them, aud threat
ening to raise the question of usury
against the debt, it was agreed that that,
the mortgage stinuld be given up, a por
tion of the i ebt be paid in cash, aud the
balance in thres instnl nents. Tlie notes
of A and B who had formed a new part
nership (C having withdrawn aud lett.
the State) were given for these install
ments. One ot these notes being paid,
suit is wrought on the other two.
Held, That the contracts sued on are
not purged of usury.
Judgment reversed.
Lyon & Irvin, for plaintiffs in error.
C. B. Wooten, S. Hall, represented by
John Rutherford, for defendant.
Reuben Johnson vs. The State. Simple
larceny, from Bibb.
TRIPLE, J.
Reuben Johnson (the plaintiff in error)
and John Day were jointly indicted for
simple larceny—the act charged being
the stealing of a horse. Plaintiff in error
was put ou his separate trial. The tacts
proven on the trial were as follows: A
witness who was at the house of the per
son who owned the horse alleged to have
been stolen ou the night the off mae is
charged to have been committed, heard
a noise at the stable, and went to see
who it was. Before he leached the stable
a shot was fired from the barn. Witness
saw a person run as soon as he fired, out
could got see who it was, or wnether he
Was white or black. Witntss called
another man who lived ou the place, who
came and went co the lot and met the
horse returning to the arable; got a light,
found tne lock broken on the srable, ai.d
window broken open iu the Lar-
uess h iuse, some five or six rod
trorn the stat le. fcyiuie tracks wer
ound Heal - Ihe siablc, one ol tv Licit coi-
lespoudeu with the shoes worn by the
[■risouer, aud some articles which w* re
taken Iroin the harness house w.re foimd
t prisoner’s house, where John DaV al
so lives. Joim Day, tue cu-de‘<mdan ,
in the iudictme-ut, Was introduced by In
State vvho swore, that wtn-n lie was ar
rested he was “ scared,’ and told Mr.
Brauilev (ihe owner of the horse) that
lie iftid the prisoner were at Ins plat*,
for the purpose of getting the horst, but
they were i ot there. Tout he told Mr.
Brantley they were aftei the horse, and
i hat prisoner broke Un: stable open and
took the horse ou r . Ho, lurther state.■-
that In did not remember what he told
Mr. Brantley, as he was “scared.” and
that ke and pnsorer were hot at Mr.
Brantley’s place. It does hot appear
positively that these confessions of D,i>
as contained in his evidence, were made
in the presence of prisoner. But as one
of the grounds in the motion f >r a new
trial was founded on the admission ot
these coi fessions, against the objection
of prisoner, aud a note to said ground
states that the confession of the witness,
Day, were not admitted except they
weie made in the presence of the pris
oner, we presume it was in evidence that
they were made in prisoner’s presence.
No othei witness testifies to lily’s con
fessions, nor does the record show what
the prisom r said or did when they were
made, ,nor indeed anything about the
prisoner in connection with said confes
sions, except as they refer to him.
The jury found the prisoner guilty.
A motion for a new trial was made on
three grounds, two of which seem to ue
stiicken, so lar as we can determine—
leaving only one ground, to-wit: “That
tbe verdict is contrary to law, and cos -
Irary to the evidence aud decidedly and
strongly against the weight of the evi
dence.” The Court overruled the motion
lor a new trial and error is assigned on
the refusal tc giant a ,.ew trial.
The real question to bt determined is
was there sufficient proof of the corpus
delicti, that the horse was «toien. It ap
pears that the stable was broken open
11. Findlay’s Suns et al., tt-rants in D0 . 1
session, am: Roe, cas ej et, vs h T I
ex Dem. J. B. Atrope. trustee, etc °!i P
ai. Ejectment, from Bibb. ’ 61 B
TRIPLE, J.
By a mar;iage settlement a trustee w - I
appointed and the property vest,.j ,! *
mm ‘or the use of the wife, with pow'*
in the wife to dispose of the propel:ty u
will, aud if she died leaviug ctnuir. u ail i *
Without executing a will, then to tho.l f
children and tbeir legal repre.-en'utiv^
in eqa.d degree.
The trustee brought ejectment , 0 t
pomou of the trust property la\u,g s
demise iu his name as trustee lor the \
wife and children. Pending the action i
the wife died: " L,
Held. That the action did not abate ^
but thut the same may be prosecuteu or I
the recovery of the property, so that the j
trustee may be cd iblod to execut. t e |
trust by turning over the possession to I
those who may De entitled to it, and to ’
tuat end may make such amendment and 1
aad such d> mises . s may be necessary to
make the ch Idren formal parties, 1
Judgment affirmed.
Whir )e & viustin, represented bj Jack-
sou <fc Clark, ior plaintiffs in error.
John Rutherford, fc>. Hall represented
by Clarke & Goss, jor defendants.
Jefteison Hogan vs. Davis H. Moore, et
al. Complaint, from Pike,
TRIPLE, J.
A promissory note was given, pujaole
at twelve mourns. The note was trans
ferred to the payee, aud a few days after
its maturiry tue transferee or bearer ia- j
dorsed the note to plaiutiff. It does
uot distinctly appear irom the evidence
whether the first transier was made be
fore or after the maturity of the note.
Tne defence against the note was that
ihe payee procured it by duress or threats
auiouutiugto fraud. The Court charged
the jury that, *f the note was procured
by duress—eluting what constitutes du-
r«ss—aud the plautiff came in possession
oi the note, alter it fell due, they would
find ior the defendant.
Held, That this charge of the Court
was error, inasmuch us it assumes ihat
the first Iran ter of the note uot made
until alter ns maturity. It the first tiuus- I
ftree came iu tue pas.-essiou ot tlie uute j
belore it vuts due, aud tue law presumes
be did unless the contrary was proven, :
theu uuder ihe decision in Robinson vs. j
V’asOU. tt ul., 37iti Gu 56, the deleuces :
could not Le se. up agaiust him, ami liis
• udorsee holds the note free irom ill the
quity agaiust him, aud his tmlo-see
holds the uote free Irom all the tquities
against which it was protected mm liis )
hands. flr
Judgment reversed.
T. B. Cabauiss, A. D. Hammond, Pee-
ple* & Howell, for plaintiff in error.
J hn I. Hail, represented oy Jackson k
Clarke, lor detenu >t>.
!
i
From the Savannah News ]
A COMMON THOUGHT.
BY HEN 11Y TIMBOD.
[“Words fail to describe the awful
soleinuiiy with which these dying words
(pr viousiy rei -ten) impressed ail who
heaid him. Everybody was iu tears.
Once turning lu me, he asked: “Do
you rt member that little poem of mine—
fcomewlu r* ou this earthly plauet,
Iu the duttt of flowers lo bp,
I i th ' de-vrirep and the sunshine,
Waits a solemn hour for me?
‘Yes,* I rtplied, ‘aud now that hour,
which seemed so far awav, l as come.’
* ***** *
“Ue died at the very hour which, years
ago, oe had predicted would be his death
hour. Tlie w isper ‘He is gone,’ went
ior'h us ‘day purpled in the zenith."’—
From Poems and Memoirs of Henry
Timrod, by Paui H Hayne.]
Somewhere on this earthly planet,
In the dust ot flowera to tie,
Iu the dewdrop aud the sunehine,
Waits a solemn hour for me.
At this wakeful our of mi.lnight,
I behold it dawn in mist;
And I near a aountl of sob.dna
Through the darkness—hist! oh hist 1
In a dim and murky chamber
- I >m br athiug life away;
Some one draws a curtain softly.
Aud I watca the broadening day.
As it purples in the zenith,
Aa it brightens on the lawn,
There's a Lu»h of death about me,
Ajd a whinper, “He is gone.’’
—Bill Anderson, a bad bill of Augusta,
attempted to rape a twi-ive years <'!J col
ored girl on Monday night last,
but it was not proven that the horse whs , ., . „ ,
in the stable at the time it tras so brok- ~ A ^ Garohna co.ored troop was
iie old Al aine prohibitory law
—A Census of Athens is being taken
by Mr. Benjamin Culp.
—A case «>f small-pox h»s developed in
the vicin’ty of Athens.
►> j —Tbe whole of the Stoes of Athens
gale in Rome on Tuesday I University Bank wae taken in an honr
ai ’•.x-M the wholesale drygoods and j the bo* kb w«re ooened.
mdlinery <*i JiLnhr.ert ol McWilliams j —Col. Wm Kui. ; J
Co. which waa MicceeOe.i -.y % *
~ti ->..L. D-iniW'. t,. -fv. f o»0.1LP
a:r hi. -vi- Aft - k , . ...
»“ UMj,
. CL').
:L.a. ie oil-
cuddtLty
OJ'i . . r k
Held, That this saie by the trustee
and consent by the life tenant was net
such an act by the tenant for life as, at
common law, amounted to a forfeiture
and it was er,or in the court to hold
tnat on the making of snch a deed, a
right of action, based on the forfeiture,
accruep to the remainder man, and that
the statute ol limitations commenced to
run.
judgment reversed.
-Jo- A lrwa, \j, A. Bacon, T. J. faim-
U..n.s, »e^j evp k Nh-Ott, o-i.li.id
.rrvr.
eu, or that he had been locked up or put
in it that night. It was in pioof that
when the pistol or gun was tired the
horse ran towards the stable, but not
from what direction, whether from where
the parties making the noise were or from
the opposite direction. It was not shown
that a halter or bridle or anything was
on the horse indicating that he was be
ing led or rode off! It is quite apparent
from the testimony that certain articles
were taken from the harness house that
night, and strong grounds given to be
lieve that tbe prisoner was there as a
thief, and did get some of those articles,
for, in addition to the tracks which were
discovered next aay, some of tnose arti
cles were fonnd in his house. But aoas
uot the fact that the thief took off
“bridle, reins, etc.,” suggest that he
could have still more easily taken cfl the
horse ?
As to Day’s testimony, he states under
oath when introduced by the State that
he admitted his and prisoner’s guilt to
Mr. Brantly, the owner of the horse.
Neither he nor any witness sayB this was
done in the presence ). prisoner; or if
it way now prisoner was affected by it,
wnm he said or did, Day, nnder oath as
a witness for the State, denies the truth
of the confession. As confessions ot an
accomplice, or joint offender, they were
not admissible and proved nothing
against prisoner, for they were made
“after the enterprise was ended.” If
they were intended as quasi confessions
of prisoner, by snowing that he oy his
silence, or some act of bis, acquiesced or
admitted their truth, then all that shonld
have been proven. As this jh.t: cii
the e,iuci.ee appeals irom the record, it
amounts to nothing against the prisoner.
We make no point on the fact that th-
wiioehS. Day denied on the stand the
tflivli o. «neoe OOIiieaSIOUS- iteiui, .Ue
- .V -i. vrv: k.k' V. , : if ...
arrested in Augusta on Monday for steal
ing a silver spoon.
—The Augusta people are oomplaraing
of the bad taste of their water, aud do
not know how to account for it. Periiape
there is a little dead rat in the reservoir.
—Judge John Hammond of Baldwin
oonnty has been appointed a Trustee of
the Lunatic Asylum.
—The Milledgeville Union and Recor
der is responsible for this: Mr. Joseph
Lane has a young cow (not quite tour
years o'd) with her first calf which gives
three or four gafions of milk per day.
This is not very strange, but she gave
about the same quantity for some weeks
before ehe had her calf, and ihe has six
teats and gives milk from ail of them.
—Hart Superior Court was held last
week. No cases of general interest were
tried.
- -Another brass band has been organ
ized in Albaav. If that town can stand
the noise of more than one brass band, it
deserves credit foi’i-toliu poorness.
—iiora is coming no generally in
Dongherty county, and the faimers have
a fine prospect ahead.
— A country store was burned in
Dongherty county on Sunday morning,
the proprietor barely escaping before the
explosion of a keg of powder. Nothing
saved but his waring apparel.
— The Dew Mssonic Hall in Savannah
is going up rapidly.
— Two well known sailor boarding
house nmners of SavanLah, are iu active
training for arnz-* fight weieb .s o take
plac - .u Laruuua within a few days.
— A negro brute in Savannah, living
with a woman by whom he has several
childreu, undertook to get rid of them by
furiously beating the woman with a stick
au • antra* outrat iaik, lueet-