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1 S? the ATLANTA SUN DAILY AND WCkKLY. KBB t ,|E m > piblihiiing C O. Hon. A.H. STEPHENS POLITICAL EDITOR. A VICTORY IN THk CUlIHM. Tbe recent attempt of the Kellogg govern meot lo h&rress and cripple the >'e» Orleans Picayune was a disastrous failure. Oar readera will remember that tbe Picayune establishment waa assessed for the purpose ol taxation by the Kel logg government at one hund'ed thou sand dollar*, while tbe proprietor* of the p»»er valued it at only twenty thou sand dollar*. The maliee of thi'a pio rwding wan manifest, and the Picayune ref abed ’o pay the aaaeeamenL The pa per was accordingly advertised fcr sale, nnt t!ie owd< r* of the Picayune caimd the ma'ter to tbe Cou r ts and there fougti. it successfully. A reduction of tbe as sessment to the figures of the proprietor —tbe actual value of tbe material—wat- ordered. and tbe paoer i* now out of the greedy clutches of t»ie tools of the usurper.—Saconnuh Mews, May 14,1873. The course of the proprietors of the Picayune was right, and we con gratulate .hem upon their success in their appeal to the proper peaceful instrumentality of the Constitution for a redress of the gross and iniqui tous wrong that was done them, by those in Louisiana who, “clothed with a little brief authority,” are per petrating other % like aud greater wrongs upon popular rights a> d pub lic liberty. Their “authority” will, however, be but brief, if the right course for redress shall be taken by all the others 90 suffering from similar or cognate instances of outrage and oppression. In the structure of all good governments, as in ours, the exeicise of sovereign powers for the protection of the rights and liberties of the people is delegated and en trusted to Three distinct and lode- THE WEEKLY SUN. VOL. 3, NO. 521 ATLANTA, GA., TUESDAY, 3IAY 20, 1873. pendent Departments—the Legisla live, the Executive, and the Judi ciary. These are each checks upon the others—while al 1 three are subject themselves to the ultimate control of that abs Jute sovereignty which still ever resides and remains with the peo ple, and which under the organic law, (when properly appealed to), can and will rectify all abuses in administra tion, whether in the legislative, Ex ecutive, or Judiciary Departments. This we understand to 1)3an essential principle in the creed of the true Jef fersonian Democracy of this country from the beginning. It is the founda tion principle of all syVenis of self- Government by the People of any •State, or the Peoples of any number ol States, in all climes or countries Constitutional lilierty is seldom ad vaneed or secured by an appeal to force or arms for t he redress of griev anc©s from maladministration of any sort or form, even the grossest usur pations of power by those clothed with any sort of authority, however prop erly or improperly obtained. The day of ample retribution will come if the masses, suffering from unjust oppression any where from any sort, w ill but exercise that patience, that intelligence, that virtue and that pa triotism, which should distinguish the conduct of all Peoples who would eitoer establish or maintain the ines timable boon of Kkee Institutions. Wo repeat what we said a day or two ago: Now is again eminently the “seedtime of ideas!” Let all duly ponder who would wisely contribute their mite to the redemption aud persevation of the liberties of these {States. A. H. S. referred to is one ot a muen wider range and of a much higher order. It will add greatly to his own fame as well as add greatly to the honor of Georgia, to whom it is most tastefully ana filial ly dedicated in the following words: “To the State op Georgia this Volume is Apfectionatey Inscribed, by one op her Sons.” For research and accuracy iu “abo riginal lore,” we have never met witn any work equal to this. W© mean all our words import His h is- tory of the Uchees, the Creeks, the Cherokees, the Gamasees, the Choctaws, the Natch es, the Sa vannahs, Seminoles, etc., and all the tribes of Indians which for mally inhabited that part of the con tinent now occupied by the Southern States, is a very great contribution to the literature of the country. The labor of hi* undertaking as well as the fidelity sf its execution is traced on every page. There are in it over thirty illustrations of ancient relics, mounds, tumuli, etc., which greatly increase the interest of his wrrk to all who are curious in matters of antiquity. We can «av no more of this book at present except to add that it ought to be uot only in every public library but also in every private gentlemans. Mr. Jones now resides in New York, lie was, at the ovitbreak of late war, Mayor of the city of Savan- nati. He is, we believe, the son of Rev. Charles Colcoik Jones, who was in his day so distinguished as a Presbyterian clergyman in this State. The son promises to become even more famous as a writer than th father was as an orator and divine. a. h. s. line AIKXCHOKII TKAUKDY. Trial of Cantrell. Veidlet of the Jury. Letter from l altnfeno. CBAWFOBDV1U.X, Or., Hay i5. Ih73. Messrs. Editors of the Sun: * Xr e grot c»*o ot tbe trial ol Z. B. Cantrell, chanted with the murder of William A. Alexander, both of the county of White, which commenced in the Superior Court here on Tuesday, Ibe 13th iust tet, has just terminated, and I send you the result. The jury was made up on Weduesday, and was composed of the foltowing named persons, to wit: C. B. Williams, Isaac *L Moore, Sr., Joseph B. Moore, James it. Jones, J.*m»s M. Triplett, Hugh F. Mitchell, Jacob Bock- r, John R. Kendrick, Lucius A. Moore, Cyrus N. Nunn, Wm. G. Kendrick, Wm. A. Par. er. The following is also an nbstrnct of the testimony on tbe part of the prosecution and the defense 1st. Beuueit Crane, of White county, testified that he kuew Win. A. Alexau der, the deceased. Saw his body after it \t..s taken home aud saw that nis thioat 11ad been out. 8uw two wounas. They were above his shirt collar. They were etn deep cuts, and do. pest on the right fide. 2. Jt ffersou Oliver (colored) testified on direct and cross-examination, in sub- s ance as follows: That he was traveling with Paine, Alexander aud Cautreh. L'hey were traveling with wagons. On lue night of th-- death of At. x«uder they w.-re camped tu the roud JOlilS L, JOHNSON, Clipiain of -the Atlnpta Police.jLB 1 Nothing is more essential to success in any avocation i>t life than u tiaViral ada | tetion ol the n.»n to the piece he occupies John L. Johnson posses* es iu every sense the qualities uuo quuufic&tieus for the military or police officer. We have seen :nm in the discharge oi his duties when Lis t ost was attendeu with, imminent danger. But whatever the danger attending hie position, Captain Johnson is the bame cool, imperturltable genius, intent on executing his orders or the law, with no more apparent concern for the peril ot his position than if he were quietly seated in conversation upon the common topics of his official life. In Atlanta he has been u part of our municipal govemmtnt lor years, and we have, y* t 'o hear of the first com plaint of any failure whatever in the discharge’ of hi j duty. Captain Johnson is now about thirty years of age. He presents a ctmmandipg bearing—tall aid stout—but entirely tree of ostentation. While an inflexible officer, te is as mi’d ot* manner aLd easy of appioac-b as a boy. He is universally popular, as has been evin ed Dy the succetsiv. reappointments to t flice by the diffeient City Councils fcr years pact. He is the “Jonsen” of The Sun’s Police Couit reports, and our readus cniside ot the city, as well as his many admirers in the city will be pleased witn the perfect iikenerfl oi him which « ur artirt. Mr. Hyde furnishes in The Sun to-day. AMI I II Kit \ tC \V i-K\ OK lilll K KKUM (• KUKUIAS, We have juet finished the perusal of a woik eiititled “ANTIQUITIES of a man standing behin't the tent with a pistol in his hand—but could not tell whether he was white or black—He had curious red lips—He staid there until Cantrell returned—He then left— or I could not tee him there any more—Cantrell then get into the wagon again and remained about one quarter ot an hour—He tnen called to Paine aud asked if Alexander was at ibe lire?—Say ing that he was gone fiom the wagon— Paine told me to get up—strike a light and look for him—We ull looked around and couldn’t find him and came back to camp—Some one then went to Wallace’s —aud Wallace sent a negro boy to go round and tell the neighbors—Cantrell then got on a horse and went down the road we had come from Washington— alter awhile he called out to Wallace r.nd Paine, as they were stand tog by the tire, here he is, dead—A oruwd sooi assem bled—I got a wagon, as Cantrell or Paine • me told me to do, and took toe dea body to Wallace’s—When i had come irom ’ back to the camp Cantrell to>d me to look tu the wagon and I would find a bloody . ag aud bandkerch'et -ldid so. He told me i > burn them up and let no one set them—Joa Gresham (colored) was tture Washington to Greensboro, iu Tuiialerro o uuty, near Mr. Wa 1 lace’s; that on ’hat night," while he wvs currying the horses. Cautreh came up to him aud said, deed, loan uie yvur knife ? I said what do you : —and saw the rag—I told him some one want with my Knife? He said be wasgoing I h*a cut their finger aua I threw the rag out on a bu. t thut uight’ard asked me if i ' m the fire—Joe Gicsham then did not want to go I told him I duin’t. J tound the haudkeremer—L burnt He su'd yoa keep quiet here to-nignt. I tn»t, too—doe ' tireshaui and I ineu THE Southern Indians, PartICC-[.old him all right, I Woiild’nt do any thing, 'swapped knives—there was a Trj l$E> ” 1>V aIld Mr. Cantrell, what do you want a little speck of blood ou the blade ot ‘ ■ d,,? , He 7 ld } ‘ oblI1 t “ r * i ‘ b “ ku T if . e 1 T Tui8 tbe ; q urred strong force to cut these parts, Alex rnicr. I asked him what tt..t was , km e I loaned Cantred. I aid Rot open * nd it reined the instrument was rSogh- tu 'l . He *“ d h ’, s bas « ot a m f b ‘* 11 after *"'“ d * d "-»«• 1 !, deed. It required strong xnuecuU rich rarin, yon know-you say nothing auow wht tier the ulade of the knUe was ; f( J^ to cu£ ,* em j thlc4£ anv "* '»• “ ud 111 tbe wuiow auo j suarp o. not-never naving wnmled | oue would have cat himself in this way. LARLV OI THE GEoRUXA Charles C. Jones, jr. It is from the I’ross'of “D. Apple- ton and Company, of New York,” aud is gotten up in iui exceedingly elegant style. The paper is good, the binding neat, and the printing excellent. It consists of 532p»ges, including a ooptons index, an iiidis- abou* was in an old field with small pines in it, about a quarter of a mile from tbe camp. The throat was cut—there were three cuts, ho thought—one was in another— toe large vein on the left side was cut— the same Vc-in on the rig 't side was cut through. The cuts were deepest on the right s.de. They seemed to go to the neck bone. Thinks the knife was not sharp, but loogh, tu at made the cuts. It was about twenty steps from the big roaJ where .tie body was found. The cats were from left to right. Bpe Lauds and arms were bloody—very little, if any, behind. 4. Witness for tne prosecution—Dr. Mayberry, ti "Waite county, testified that he is a practicing physician—a graduate of a meJical college in Virginia; he made a post mortem examination >f the no<fy of Alexander in White county; there were, three distinct cuts ou the throat; the first cut was on tne left side, an wiiat is . ailed Adam's apple. It was «ninch and a quarter or htdf lone. It d’d not go into tiie wiud-pine. The second cwm- me-nced about the top of Adam's apple; was deep ana w ent straight iu. x tie cut wes dt wnwards towards tbe right suoul- der, and over three inches long, and was two or two and a half inches deep. It .-ewered the wind-pipe and most oi the swallow. The third cut was almost at right angles to t e other. It Isgan iD the otner, and 2>ear the terminus of the other. The veius and arteries ou the right side were all cut in two. It re fer any book noW-a-dayg. But it is of the contents of this Book wo wish mainly to speak. Its subject is a most interesting one in a Historic point of view, and most ably and profoundly has die autnor treated it. Mr. Jones nnd before ac quired considerable distinction iu tne field o? letters in his smaller works, to-wit: 1st on his hands and arms. There seemed to be as much as a gallon of blood on the ground five or six steps from wnere the body was lying ; the body was lying on th© breast. When Cantrell waked me he said Alexander had been gone thirty minutes—[the knife of Alex ander produced identified by witness.] He was bloody before—I saw no blood on tbe back ; tbe blood on the groked was warm, the weaihsr was very cold— it was then sleeting. It was'about four hundred yards from the wagon where Cantrell found the body. It was near sun rise when we got to it. After Can trell called me we were not separated more than two minutes until he went to the negro nouse. It was W T allace who sug gested to him to go to tue neg r o house. It was usual for Cantrell and Alexander to sieeg) together; Jeft and I slept under tbe tent, the fire was in front of the tent. Alexander had his over-coat on when found—close coat was in the wagon. He had on no socks ; Cantrell had with him only one suit of clothes. He had this on the next morning—saw no change in • bcK& and no blood on them. Alexander seemed to be not in his right mind the day betore. He spoke of the sand annojiug him nd of cross ing a stream wnere there was no sand or str am. 'That night he seemed to be at unwell. N© money was fonnd on the bo<y of Alexander alter ins death except a nickle five-cents and seventy-five cents in nis vest in the wagon. While we were limiting for Alexander, Jeff was at the can o. I searched the close coat of Al exander in the wagon after we found him dead, Imt found no money in it or the veEt, ncr could I find his pocket-book. I tound his finger-riDgin the road thirty or forty yards trom the Pody. I knew it was his ring, for he showed it to me in Elberton und said it was his wife’s moth er’s ring, or had been worn by her. The Imdy piore de- j (jactr.-ll did not drink on the trip, that I saw. Alexandor was _ nght-iianded mam Ai. Witnes 3 for prosecution : Joe Gre- reli and Oliver w ”re traveling h‘"w ^ns (colored) testimony before com- ,.d two more mm wa.ked up m the big ; snowed it to me a*.—(witness Ueacnbeu ogethej. They left Washington eo^firmed W Jeff°Oliver’s Uiv * ■ t 1 '1* ft!>u CilUJ t*Cl (*D * . . • i i • V. .i /vn > in anmn narrinn ara flhnn* everything dies out I will give you some- j with it-having recently tnrown fcr U in | It tLe cutting was done by auotuer, it thing. I tola him I would say notth. g Washington. 'Alexander went to bed ! uoaL1 onj haV0 dune b 8Ua< hn g atxiut it He said it you do you will ge t taut night duectly after sapper He Lad j d above deoanaed. It could not a bal- in the centre ot your head. He . money. I saw his pocket-book at V\a«li- Uitve bteu jaue iu front 1 hen put his hand iu his vest_ pocket aua mgtou. I* w s about four inches .ong. j Tbifc examtnation w»» about six weeks pnlied out a litt e vial, aud I asked him He went to pay Moore for cooking uir llb if wnat was iu it would i>e good for tue aim there aud pulled out hu* pocnei- j. i tXDected it would P )>eiisable requisite, ill our judgment, tootbnc e. He -"Hid you oetter not take hook to p *y him. I saw the pocket-boo* i J r it. It might kill you. I have to t ke it. ‘ alter his death. Caujreh nad ik—he hao I 5 Wituess for proeec«tion—W.Uiam n w Mtu), a drop at a time for a pain in it iu his pocket and pulled it out a lut,e Paine tesr tied that, he, Akiander, Gan- mv l»rea.-t. He then turLed off from m» wa* and said : • Jtff, lo* k ntie,” ano , sketch Chief road. H. went louud the mules beyoLu the fire to where tbe men were. I saw irn no more until ue ueut to bed. He sf pt in the »«gcn with Alex*pdei. 1 sh pt ou a pallet wi b Paine by t.ie tii-. W«- Lada t«nt cloth. When I first i id down I dozed • ff in a 'litle sleep. I 1 kuew ’t wtte oi right to go to sleep wumi i ue said he was gou<- iu -ill Alexander. His i wa Xed up ana kept awake un it about now.) bouk. I know it was Alexander b puck'-i- d-v, 2o-.il J *duk> »‘ e road in :his eounty, near of Tomo-Chicki, tne g r eut' *W*. no"r>* br.oi*- —it mayhave be* e , , a. Ol ti iiltdeni Tet aUtwoliOilM While. Wa if the YaWeeS. 2d. n.S aw .*e Mr. Aulinaer got up Reminescences of the last days, eu*., uu d went ou ot ti e wa^ou in ui- suin of General Henry Lee, lather ofiti- Robert E. Itee. 3*1. His Historical i * L,U sketcli of the Chatham Artillery. These a.-e all charming works of their ccarocter. But the Book no* -eut.fi- After Le v. -- £ .ue «|>UUI . W n y u»U.'Ut« Cantieil g > < at of the w*pou ana w*-nt off b>>. A* I er ne Well! *-fl 1 hi ke*f afoULil to i. II 0>>ul*l »©*• auy one ala.ai ther^—. s.»* [By corsenr. John S. Moore, of Was ingtoc, who was sick and wished to g home, wa-* introduced ou the part o* t..' ietense. **bo swort—that when A. »nder, Paine, C utrell audO.'.vcr |a« turough WasliiLgton, Alex.- Lad p ins wit© to cook something fcr bio.. 1 cm© to one do'ilar and seventy-£. ©ruts. AWxaB-i.r old not pull • u, poeket-oock when he wens to pay it, pulwd a two-dcilur bid cut ot ins v pocse* and tiaiuied witness. He, \1> Landed liIlu l ock iwent.*-nve «•< > *►. coange.] Third Witn*s for prosecution— 1.. a Dillou tea ited that lie saw IKjoj cl Wallace’s I statement in some particulars about the Cantrell and Alexander went to bed to' ! ra « and handkerchief, but con i' m Alexander’s wagon. Jeff aud I fl lct d 1D others. I s.ept ueder a ten* bv a fire. Nextj he had killed himseH. Sa-’d ho hr.J : jund hi* parse with bills and nicies iu itt haul he fonnd little monay in his ves. pocket in the wagon. Said it had caugnt him in a bad fix, as he had lstt heme with only sixteen dollars «n money. 8 owed aim a paper on which he had set down what it had cost him to bring the body along. Paper looked bloody, as i told him. He said he duin’t know w I how it come so, and put it in nis pocket- { s dhiib50i 'book. His oonnter.anoe changed, as I thought. He didn’t say how„it came bo, bat said be didn’t know it was bloody. He said it was an acoonnt paid for coffin, burial clothes and othe' expenses. 9. Witness for prosecution, William Owens, testified: I live in White eoanty, Georgia. I was in Alexander’s bouse, the night after Cantrell got home, and went into the room wnere he waa in bed. I stooped over bim and be said, “Cut him, Jeff; it is Bill Alexander. Cat him again.” I don’t know whether he was asleep or not; he was in bed. It was be tween midnight and day. After he lav back in oed ne ask©d what I wanted. 1 told him I wanted my sack. I had no farther conversation with him about de ceased. This was iu January las:. I told tnia to the prosecutor three or four weeks ago. Didn’t think it wor.h while to tell bim sooner. 1 was drinking that night. 1 waa drunk when I lay down, bat was all right when I got np. The State here closed. 1. Witness for defense, John Lawson, testified: L heard Jtff say soon after the body of deeMsed waa found that ho slept that night under the hind end of Paine’s wagon. I got to the body about a ball hour by the sun I suppose. Body had not been moved. It was lying on the nelly, with tbe hinds under it, the knife in Court m his right hand. His right hand and knife were bloody. Blood had run down to his elbow. I got there about the time Wallace did, or a little lit fore. The knife and Dody were washed about the same time. Blood was sticking clotted to the kntte. I saw Alexander at the camp the night before. I thought from nis actions he baa been drinking. He didn’t seem to know the wagons apart. He said it L.oked like ne liad been turned around for two or three days. 2. Witness for def.nse, Marian IX Wallace, testified: The first I knew of it a couple of men came to my house and called me, about good dayligut, and said one oi the cmnpauy left camp that night and they couldn't find him. He hud not been well lor sev-ral days, acd >hey wanted tue to g>. witu tli©m. I did so. Tue body was n.ituo, a* testified to by others, ljuig ou toe breast, with a knife in the ru^i.t hand; the knife now in court, said to be Alexander’s. Tue body fell warm. Tl.e blood about had hoi coagulated. I washed the knife. Tut- edge was rough as if it had been wficiteu ru a rock or something rough. C.»utri ll, at my suggestion, weut to Jim Ha-ku-y’s, a negro living near by. He was comiug from there wbeu ho f mud tbe body. It could be seen from the road after daylight. I proposed to move tne body to my house. Cantrell aud Paine both oojected for sometime, but fiually consented. (The verdict of the jury on the Ooiouer’s inquest, which was held it*Wallaee’s I ouse, was here intro duced aud read in evidence. Tnat vej diet was tnat the Mcoeaaed came to Ln> death by his own hftds.) 3. Witness for defense. Dr. S. H. Per kins testified. ThA he is a practicing physician iu Taliaterro county. Tay lor’s Jurisprudence is astaudard work. Blood coagulates in a short time—usually in thirty m uutes. Don’t know the chem ical process in coagulatiou o' bl od. All chemical processes hast, ued by heat. Biood ccagulnUs sooner in a warm room than a cold one. (Extracts read by J. C. Reid from Taylor’s Jurisprudence af firmed by him.) 4. Witness tor defense. Dr S. J. Farmer testified. I am a practicing phy sician in Taliaferro county. Healthy blood coagulates in a few minu.es after it is drawn. I have known it to coagu late in from five to ten minutes. In cold temperature it is retarded. Apple ton’s American Encyclopedia is a stand ard authority. (Ibe testimony of Jeff Oliver at committing trial was herq in- troddlfd for the purpose of showing marked conflicts.) 5. Witnessfor defense, John G. Evans, testified that Jefl’s testimony was in con flict with statements made to mm on the morning after Alexander’s death. (Jeff. Oliver was now introduced by the de fense for the purpose of more completely laying the grouud for his impeachment. He said he commenced the conversation with Sheriff Googer of T*il ; aftrro County but pidn’i recollect bow long it was after he was in jail.) 6. Witness for defen e, M. L D. Goo- ger, Sheriff of Taliaicro County, testi fied that l,e attended the jail and canned the prisoners their meak. Oue morning soon after i e was in jail, aud I was about to leave,alter giving Jeff, ms oreukf&st, he asked me to rem no, aid said he wanted to talk to me. He told me all he LaJ sworn on the commitment trial ug&iuss Cantrell was lies, and that Aiexaade.had told him that if he would swear to them, he should never suffer for anything a3' long as he lived. The defense here closed. Tbe case was ably argued by Wm. H. Brooke and John C. Reil for the prisoner. The ouly argument on the part of the State was by Col. John P. Estea, of Gaines ville. His speech did great credit to his heart as well as his head. He inw-tsd upon nothing out that the jury should weigh the evidence and discharge tiieir duty to themselves and the country. The charge of tbe venerable Judge Garnett Andrews was short, clear and unbiassed. The jury was out only a few minutes and returned a verdict of “not guilty.” The prtsone , who had demeaned bimselt wit'i great propriety during all tne irial, instantly rose and said: “Thunk God and thfc'Couri for justice.” He was im mediately discharged, and so ended tnis most interesting investigation oi one of tlie most mysterious tragedies which eoanty. TAIJAi'KBiiO, Witnessfor prosecution PM-Al-, ever tr8rs ,, irbd in this m ruing about an Lour be ore day Can-, *?**uder, Prosecutor, testified: He heard ' cm,Vi to me f. know i* Alexander commitment trial. Joe Gresham pointed I ibe iiie. I told him he oat Cantrell, the defendant, as tne man . The Cincinnati Commercial suggests that >-.ad the undertone convcrsati n witn j ^ a plati^rm for Gen. But.or to ran ou Jrff aud had on the shawl. ; ior the Governorship ol Massachusetts, 8. Witness for Hay nts, testified: __________ county, Ga. Had a conversa >ou witn \ Grab and Credit Mobilier. It ;hiDks dece l>rd was with us by w s n< t. W© got up and g.4 a light a’id t to look for him in the wood r. and W© aid not find mm and .he., * fir to Wallace’s house. Be joured us. C .utrell took a bor*e and went t<» a v' -ii Ti .g negro house, an*t as he cam* ■*1 f. u .d Alexander ab -at tw Lty ; lr m t ie r'"d, invit'd 1 field, dead. I. was w nght. We all 'hen wen* 1 low u mere and found him with histhrua' H.e own pocket knile was m hi.- piuseeutioo—John 1 and later the Presidency, tboio tw > tb- He lived in Hal' sorbing questions o‘. tL— day. o:Iary , rinoner as to deatu of -** be passed up wnu tiic cut|»c. Cantrell wished to stay sll night at his hoUttt. Said ha waa sorry to -av he bad the corpse cf the de- c< ased. He sai' there had been an m- ttaaed aa n lay where it v^a ioun... . I • ...u.hauu,bloody. AlfcXaudei was bloooy j quest held over him aud the jury found “ue is the very Lest n—u, in all rmp.-cts, to ttst pub.ic judgment i '.Uu.Lg these matters. If, oy testing it, he can get cne-tenth of the 200,OUU voters of bis atnt-, he will have the satisfaction of knowing that there is n majority of nine- tenths against him.”