Newspaper Page Text
i
jf^iTEn REPUBLICAN.
ISK „S or subscription t
„t,r,Ou.V.»
THE
, r ( MYAYSlXAI>YASCE.t»
Volume 17.
AMERICUS, GEORGIA, FRIDAY, FEBRUARY 3, 1871.
Number 49.
,,„J the purple clou.U
h the mild and balm* a
, bl:un»liice dow;
.nereis 1**? "‘th golden ey<*
k ,i, lg rain-drop* gently fall,
r a blt-^singt from the nkioa.
,. .. iiully their shadows fall
■ drifting before the blast,
TIIE SPELL OF A SONG.
Landis McGregor and Margaret Ches
ter stood together upon the piazza of the
seaside cottage, leaning over the light
railing, and idly watching tho play of
the moonbeams under tho silvery waves
beyond the beach.
“What are the waves saying ?” qnotlied
Miss Chester, with a light sigh. “Lan
dis, don’t you ever wish you knew what
the waves were saying ?”
“I do, very often,” replied McGregor;
“for they say various. thiDgs to me ac
cording lo the mood i am iu. To-night
ihey are saying that our sweet summer is
ended, and we must part to-morrow.”
‘•But after the snmmer comes the gold
en harvest,” said Margaret gently.
“Yes.” But Landis sighed as bespoke,
aud presently added. “This has been
such a bright sweet summer ! I have a
foreboding tlmt we shall not see its like
again for many a year, if ever.” --
“Oh, fie! You are either superstitious,
or a victim of the blues,” said Miss Ches
ter. “Which is it V”
“The blues I believe,” laughed Mc
Gregor. “But you can charm them away
with the spirit of music. Will you
sing ?”
“Yes,” readily answered Margaret.
Landis drew her hand through his arm,
aud returned to the parlor. And if he
raised the slender lingers to his lips-uml
kissed them, as they crossed the shadowy
piazza, it was no one’s alTair but his own,
and he had a right; for Margaret was his
betrothed bride.
“What shall it be V” asked Margaret,
running her light fingers over the ivory
keys of the brilliant toned Chickering
“.Somethitg lively to begin with,” said
Landis.
Miss Chester rippled over a lively pre
lude and began to sing “Its better to
laugh than be sighing,” while Landis,
leaning over the piano, watched every
expression of the sweet, pure face, which
he loved better than most men are capa
ble of loving—for there were depths
in the nature of this cool, easy Landis
McGregor, not always apparent on the
surface, or easily reached iu any time.
Margaret sang three or four songs, aud
then would have risen;but Landis with a
gentle motion, stayed her.
“Not yet, dear, please ! Sing ‘C’auta
liua
n’t v
« uigbt Mud cold in the blast,
; “• the world is yet colder
from the strouir, its burden to on
»nd the grief laden shoulder.
utiie:eyed nuiden wandered alum
• old and darkness si dreary,
Haku ox tue “Klerk.”—Several
. miug ladies of Williamsport, Pa., have
,llc following choice hiMdaux :
’ite 7 ^° U Ut cbnrcb l* 8 - sundy
1 want to I° rm with you an Ac-
i. • '“ as I am a yonge man of gude
,J_ r ’ ^lerk in a stoar, and git a
7 of *500 a annum—pleas address
, x -.post oflis."
reply* °* l * 1C yonng ladies returned this
^1°: Th YOU,1S ?,Ian with the Bad
i.uce i ■ i . 10 Hl> J p)rm an ucquaint-
at jv v \ ,Ut rt ‘ c , lpruca, « if you will call
it,- „ 7 *’ OI,t ^ °’ cloc k in the even-
■ •f j ' r ° t ^ er "’ill make you uoqnaint-
i* a " ltl 80,116 first-class calf-skin. Per
‘•‘1» Jou would prefer making the
■i instance of our dog. He will take to
j ur ^ IIe a,w **y s ha d a taste
k,trk *” w >th your “$500 a a
f"°*! ier ’ in the Sa-
f that from “yonng gallant
(mm , ° 1,15 We sup.
Ihatj,tV** which it ia written,
be write „ ttle . 1 . want you to talk to
ubout it i 7,°*’ 1 <lon t no foolin
1 nw dmt'* n 10 ‘^“^t al>ont this thing
‘or th, v L you ^ *frade to tulk to me
:. , 7v,7 1 r t »« 'only now anythinJ°a
JwtoI 'llT "? ‘? mo - 1 jn*t want
-r , nle U " 1 “”<1 teUmcWhcth-
, r v< ’, n.c good a miff For a hus-
Margaret, struck the soft prelude, and
then her voice drifted into the low melo
dy, aud lingered dreamily over the tender
Dream on ! Dream on !
Nor breathe a single sigh
To waft the gentle zephyrs
Which fan the starlit sky.”
“I wish we might dream on,” said Lan
dis, as she rose. “This happy summer
has been like a beautiful dream to me,
Margaret, and I wish we might never
waken. I don’t waut to hear any one
sing that song, dearest, until I hear you
again.”
They stolid out on the verandah
again ; and we will not interrupt the lost
moments which those who were so
dear to each other might spend together.
For on the morrow, with sad but brave
hearts, they parted—Margaret to return
to her Philadelphia home, and I^iudis to
seek a distant city in the South, where
he meant to contest for the golden prize
of Fortuue,aud win the wealth that should
fill Margaret’s life with luxury.
“Blessed be the man that inveuted
sleep,” said the immortalSaneho Panza.
Lovers should say, “Blessed bo the mau
that iu vented letters for what would
be the dreary days of absence and sepa-
1 them without the consolation
of saying, through the magic of the pen,
what they have said so often by word of
mouth—of repeating, over and over tli.
r, which is ever now the story of
faithful love.
Margaret aud Landis kept these little
winged messengers flying busily at first.
But alas and alas ! Love, which is 1
essence of woman’s life, is often but
episode in the existence of men—a brief
page to be read, and then thrown care
lessly aside for a new one.
Landis McGregor loved Margaret sin
cerely ; but the crowding cares of busi-
i, for which he bad an nuusual capaci
ty, filled his mind, until he grew cold
and careless. Her letters were as warm
and devoted as ever, but lie saw with
pain, that his answers grew shorter and
less frequent. She felt it keenly, but
uttered no word of complaint—and onl
tried the more to make him feel.
heart always kept Love’s
glowing for him.
But one night Landis McGl
heart was touched with a talisman
nusealed anew the fountains of love in
his heart. He was passing, with a rapid
step, through one of the handsomest
streets in the city, when tho sound of a
piano and the notes of a soft, sweet sop
rano fell upon his ear. Landis paused,
in spite of himself, for the melody had a
familiar tone, aud the words floated ont
throngh the moonlight air aud reached
him where he stood.
“Then sweetly dream !
Dream on dream on !
Nor breathe a gentle sigh
To wake the genial zephyrs.
Which fan the starlit sky.”
“Poor Margaret! my own Margaret!’
broke from McGregor’s lips. “ I hove
left her to “dream on” while I—-will, if I
must Le truthful with myself—I have
neglected and almost forgotten her. I
don’t deserve her pure love, for I have
not proved worthy of it. ”
i walked on more slowly, musing
deeply as he went And a late hour that
very night fonnd him sitting in his own
room, with Margaret’s unanswered let
ter beside him, writing to her from the
fullness of the love which had awakened
lew in his heart.
A few weeks before, he had written
hasty word to her saying he would like
0 her, but business would render it
impossible for him to leavo the South for
a long time.
There is an old saying—“ Where
there’s a will, there’s a way.” The truth
of it I shall not attempt to argue here
bat I am suro where there is love there
a will aDd a way too, so now Landis
McGregor wrote that he found he could
leave the South, and that a few weeks
ore would see him at Margaret’s side.
And if he could have seen the bright
glow which suffused her pure, pale face
when she read the letter, or looked into
the loving, passionate woman’s heart
which l>eat tumultuously beneath her
si ken bodice, he would have blessed the
talisman which won him back to love and
Mar aret.
A few weeks later, Margaret Chester
;tood in her chamber, and tried with
trembling fingers to clasp upon her white
wrist a bracelet of woven hair, which had
been Landis, gift to her. But it
several minutes before her nervous fin
gers succeeded, and she shook out the
folds of gurnet silk which fell about her
slender figure.
One last glance at the mirror, where
dient eyes aud glowing cheek hinted of
the happy hearth beneath, and then
Margaret went down to tho parlor to
await the coming of her returned lover.
She did not wait long; for scarcely had
she time to compose herself when she
heard his ringing step in the hall, and
the next moment she was f.flded to his
breast, and clasped there as if he never
meant to let her go.
'Tis not for us to intrude on thesaered-
ss of the pext hour. Those who have
been lovers know already, and those
who haven’t will he, and ’tisen’t for me
to spoil the flavor of tho feast beforehand
by telling yon what will be served up.
An hour later, when they began to
imo down to realities again Landis led
Margaret to the piano, aud asked her to
<ing “Oautalina” for him.”
She snug; and, when she had finished,
le had bent fondly over her, and
isked.—
“ Margaret, darling, do you love that
;ong V”
“It was one of my favorities—I like it
better because yon always like it,” ■ die
answered wondering a little at the eager-
1 of his tone.
I want you to love it, bccanso once
it almost saved me to you, my darling,”
he said.
“Tell me liow?” she asked.
And then, with his arms encircling
*r, aud her hands in liis, Landis told
her how the weeds of worldly care had
sprung up in the garden of his heart,
and almost smothered the tender plant
of love, and how the spell of a song from
stranger’s lips had saved and brought
him back.
And as be entreated her to douht him
> more, Margaret kissed and forgave
him; and when he pleaded with her to
go back to the South with him, t« be bis
sweet household angel, sho proved her
forgiveness by giving her connut.
TERMS OV BUfeCMPTIO*:
On* Year,. . ** ••
8x Months, ........
j litres Months,. 1
»*. PAYMENTS ALWAYS TO BE HAl'V'
IN' ADVANCE.
Confederate Cotton Loan.—Under
the Loading of “A Permanett Invest
ment,” the New York/*os/ says: “The
Confederate cotton loan, redeemable in
gold by Mr. Jefferson Davis’ government
in 1803, is still bought and sold on the
London stock exchange. Th< re are £'2,-
435,700 of it iu tho London market,
which cost the subscribers ^lout ninety
per cent, of its nominal vain-. SirHeury
de Houghton is said to have £380,000
which cost him nearly par. Sales were
actually made during December at from
three und three-quarters to five per cent.,
closing at the highest rate. The only
value of the stock, it appears, lies in the
hope of the sanguine purcha-ers that the
United States will one day redeem it.”
CQUln an after-dinner sjmucIi at At
lanta the other day, Judge McCay said
“Georgians are pretty smart. [Ap
plause.] An old Dutchman once came
down here who hod lived ia Switzerland.
He said the people there had a proverb
that it took tea Swiss, to cheat a Jew.
.When ho came to New York they had a
.verb that it took ten Jews, to cheat
ikee, and now ho had come to Geor-
that it would take L-n Yankees to
it a Georgian.” {Applause aud
.ughter.]
Ct^uV/o regret to l&m that Hon.,
W. P. Chilton one of tho most gifted
and useful citizens of Alabama died in
Montgomery on Saturday last. Ho was
Grand Master of the Masonic Fraternity
of Alabama, an eminent Liwyer and
jurist, a Christian geatleman and true
patriot. Judge Chilton occupied the
position of Chief Justice of the Supreme
Court of Alabama for' many years prior
to the war aud during the war was a
Representative in the Congress of the
Confederate States.
Fashionable young ladies have cerulean
veins {<ointod on their exposed boats for
evening parties. . Females not posted in
anatomy who do their own painting look
os if a Chinese puzzle were tattooed on
their bosom*.
■Coramuuicated.
THE “SAVANNAH EEPUBLICAN'
‘The Near Diltnot Judges.'
Editor fcr viTKii Republican :
In your issue of to-day there is an arti
cle copie.1 from the Savannah liepullicun,
iie* which tlie editor fulminates against
the imm-'il* 11 * 0 practical organization o
tho District Court of Gebrgia by tho re
cent app 'itdnients of Judges ami Attor
neys for i r by the Executive.
The portion assumed is that Govern
or Bnlhvk has not tho authority now to
make appointments to these offices, sub
ject to confirmation by tho Seuate, at the
next S' xsion of the General Assembly,
and hcuce there is legal and extraordina
ry nect -uty for calling the recently elect
ed mew’oors of the Legislature together
for tin 1 consideration of these nomina
tions. Unless this latter.is done, theSa-
vaSncli Republican argues, the Court
must remain in nbeyauoe uutil the aunu-
al meeting of the Lcgkfatutt in next No-
Thc question, your correspondent holds,
is determined by the fourth paragaaph,
under # the second section of tiie fourth
article **f the State Constitution, which
confers upon the Governor the j>ower to
fill vacancies in offices, in these broad
terms to-wit:
\ 51(50. IY. When any office shall be
come vacant l»y death, resignation, or
othf raise, the Governor shall have pow
er to fill such vacancy, unless otherwise
provided by law ;and persous so appoint
ed shall continue in office until a success
or is appointed agreeably to the mode
pointed ont by the Constitution, or by
law, in pursuance thereof.
Special attention is called to the wide
scope of the word “otltencite," here used
to eubraco all cases of vacancies in offices,
which it is the duty of the Executive to
fili by appointments to contiuuc ••until
a successor is appointed agreeably to the
wade pointed out by this Constitution,
or by law, in pursuance thereof,” wheth
er these vacancies occur by death, resig
nation, judgment of impeachment, oper
ation of law, or otherwise.
The late Legislature passed “an Act,
to organize the District Court,” the first
•ection of which says, ‘‘That there shall
be organized in each Senatorial District
the State, a Court to be styled the Dis
et Court,” and the latter sentence of
the twenty-second section of the Act pro
vides that “this Act shall go into effect
the first day of January next,” that is,
the first day of the present month. The
ipecial time designated and prescribed for
the beginning of the operation of the
statute, is a peculiar feature, und one not
ordiuarily found iu enactments, which
usually drawn to go into effect “from
and after their passage.” This Act, pass
ed to igo into operation on the first day
of January iustanter, organized the Dis
trict Court on tho first day of tho new
year, and the Court being thus organized
as far as the power of the Legislature
could organize it, by prescribing its ju
risdiction and designating its offices, on
that day, the date of the organization of
the Court by the provisions of the bill,
tho various offices of the Court resulted,
d being thus in positive existence by
operation of law, and some only unfilled,
latter were vacancies by operation
of law, and under the paragraph of the
Constitution above quoted, the duty
and authority of appointing to these va
cancies devolved upon the Governor.—
The fourth section of the statute pre
scribes that tho Clerks of the Superior
Courts shall bo the Clerks of the District
Courts in their respective counties, and
that the Sheriffs and Deputies of the
counties in which the District Court may
sit, shall be the ministerial officers of the
District Courts for those counties, and
that these bonded officers shall serve
these Courts as they uow do the
Superior Courts, receiving the same fees
for like services in the Superior Courts.
The offices of the District Court are four;
that of Judge and that of Attorney, filled
by Executive appointment with the ad
vice aud consent of the Seuate, and that
of Clerk and that of Sheriff by the suf
frages of the people. The last two of
these offices, those of Clerk and Sheriff,
arc now and were on the dace this statute
went into operation held and occupied
by qualified officers; and we have, with
out tho recent appointments of the Gov
ernor, presented to ns the spectacle of a
Court with half its offices titled aud half
vacaut, and the missing officers, too, the
superior officers of the Court, the Judge
and the Attorney for the State, without
whose presence no law can 1>« adminis
tered, no rights of citizens maintained,
no wrongs remedied.
If the District Judges and Attorneys
had been severally appointed by the pro
visions of the bill, and the clerks and Min
isterial officers of the Court not provided
specifically and personally, wonld not the
offices of the latter officers have been
vacant ? Wonld not the Conrt have been
organized? Would there mt have been
vacancies ? Then how can the conclusion
of the vacancies in tho offices of Judges
and Attorneys of this Conrt be avoided,
when by the facts of the case the offices of
Clerks and Sheriffs of the Court are le
gally, positively and personally filled to
day, and were filled the first of January’
At tho time tho act went into effect, the
offices of Clerks and Sheriffs were filled
by operation of law, and the pffi<
3 ndges and Attorneys were vacancies by
operation of law.
It is true the appointments which Gov
ernor Bullock has made in the District
Court,-are but temporary aud subject to
confirmation by the Senate ; because the
law provides that these offices of District
Judges and District Attorneys shall be
filled for regular terms of fonr years by
tbe concurrent action of the Executive
and of the Senate; yet, at the same time,
in organizing this Conrt on tho first of
January, yonr correspondent holds, the
Legislature, in the very words of the act,
prescribes for and looked forward to the
temporary filling of its vacant offices by
executive appointment. When the Leg
islature had completed all that it conld
do in so for as the legislative organiza
tion of tho Court was concerned, the
bill was submitted to the Governoi
for his consideration, aud, in the event
of his approval, for tho execution of its
provisions in so much as his authority, ;
unadvised and unaided for the time being,
donee and considered by the jury under
the charge of the court upon tue law
applicable to them.
5. Leading question under Section
3800 of the Code are within tho discre
tion of the Jndge for the -purposes of
jnstice, and when the presiding officer
of the conrt permits them to be pro
pounded:
Jlrfi'i, That the court will not inter
fere i . limit or restrict the Judge in the
of his legal discretion.
TELEGRAPH.
fi When the jury* after retiring to
th- v room, request the Judge to re-
cl- t ,e them, or upon some point of
1 •- in the case, aud the Judge summons
ti - a into court, and in the presence of
•h counsel and accused complies with
r request:
Ifeld, That such act is not error, but is
.per in tho discharge of his official
dy-
7. Wheu the court, in u case of horni-
by the Legislature, wurraateil; uud the bill 1 ’the ^7° preaum&l
malice and it was incumbent upon the
having been sanctioned, and this dnty of
the Governor having been performed by
tijJ temporary appointments of
District J ndges aud Attorneys, the Court
organized aud is ready for the ad
ministration of the justice.
unfortunate that so extreme is
the hostility of some of the leading
and influential journals of our State to
wards tho men and tho party now hap
pening to control the affairs of Georgia,
that hardly a measuro of the Legislature,
cely an act of the administra
tion, can escape hasty, unadvised and un-
auimadversiou. Will the day ecer
arrive when anything good can come
out of Nazareth ? C.
Americas, Jan. 2Gih, 1871.
DEOISI OZO-13
SUPREME COURT OF GEORGIA.
REPORTER. J
John Remley, plaintifl' in error, vs.
Charles DeWall, defendant in error.
Equity from Sumter.
LOCHRANE, C. J.
When a bill for accounts and settle
ment, dissolution of copartnership, and
appointment of Receiver, and the process
of injunction, has been tiled in court,
aud by consent of parties, the matter in
controversy have been submitted to an
auditor, and his report by consent
made the judgment of thb Court, und
the defendant fails to comply with such
judgment in the premises, and retains the
assets und business of the firm.
Held, That the award and order of the
Court is not such a judgment or decree
for money, as deprives the chancellor of
all further control or jurisdiction of the
case, aud compells the complainant in
the original bill to sue at law for the
amount so awarded to him. But is such
settlement under the order of the court,
retained in the bauds of the chancel
lor, full and unquestioned authority, ju
risdiction aud power to enforce obedi-
to the mandates of the court by at
taching the party for contempt V
When attachment nisi for contempt
served personally by a constable,
and process was not attached to the orig
inal bill, or copy served :
Held, That the service was sufficient
to bring the party into conrt; and is not
such process as requires to bo annexed
to the bill or copy served by a sheriff,
deputy or coroner of the county.
•4. When a partytin response to au at
tachment for contempt, appear lxifore
the chancellor :
Held, That he is not in a position to
litigate on claims of credit, or discuss
the merits of the demand. The naked
question of contempt had primarily to
be disposed of aud tho order of the conrt
iu the premisesobeyed.
5. The matters of attachment for con
tempt :
Held, The order of the court requir
ing the delivery of money in his hands
on pain of imprisonment, was not an in
fringement by the constitutional enliibi-
tion against imprisonment foi defendant,
but is in the nature of the performance of
a duty, arising under the pleadings iu
chancery, which holds the party amena
ble to the power of the chancellor nntil
discharged.
In the exercise of the j*ower of the
chancellor in matters of contempt:
Held. That this court will be reluc
tant to interfere with its exercise except
there be a flagrant abuse of it, the inde
pendence and integrity of the judicial
office depends on the enforcement of the
processes and powers of the courts below,
and the legitimate exercise of them will
be sustained by this court.
N. A. Smith, A. R. Brown, for plain
tiff in error.
S. H. Hawkins, Hawkins, & Burke k
Du Font Guerry, for defendant.
When a party has been arranged upon
good bill of indictment, and the jury
tnpuneled and charged with the case,
ad the Solicitor General alters the in
dictment in the presence of the foreman
and some of the grand jury:
Held, That a motion for verdict of nc-
quital ought not to have been granted by
the court, although the act of tho Solici
tor General was unauthorized and im
proper in the premises.
2. Under the Code of this State, all
exceptions to the indictment for form,
or for m itters that may arise by ‘special
demurrer, or by plea in abatement or in
bar, mnstbe made in writing prelimina
ry to the trial, aud if not made at the
proper time are to be held as waived in
contemplation of law.
3. When the Judge below caused the
witnesses to have tlieir testimony read
over to them to be corrected, if necessa-
ry, in presence of the jury, or where the
Judge himself suggested correction of
what had been sworn :
Held, That this practice is not e:
aud that it is the right and privilege of
the Jndge below to direct the progress
of the trial, and see tho evidence is
rectly taken down.
4. When dissolution is approaching,
and the dying man has lost hope of life
and his mind feels the full consciousness
of his condition, the solemnity of the
scene gives to his statements the sanctity
of truth, and snch dying declarations,
when made shonld be admitted in .
defendant to show there
Helil. That this charge was a well set
tled rale of law.
8. When the defendant’s counsel re
quested the court to charge all the grades
of homicide, and the facts showed that
the case did not rest for the defense up
on all the matters of law governing
homicide :
Held, That it was not error in the court
to refuse the charge as requested. It is
only in cases where the facts require
8iicti charge that it -should he g.veu,
!). When .the omission to give a charge
by the court is supplied by the Judge
giving a more favorable charge than the
law of the case authorized :
Held, That this omission was not er-
10. When the facts of the case show
that the peisoncr shot at the deceased,
and killed him, although no motion of
anger or provocation is proven, the law
will imply malace from such wanton aud
reckless trilling with human life, and
wheu the evidence sustains tbe verdict
of the jury, this court will not set aside
their finding.
Judgment affirmed.
Hawkins k Burke, Jack Brown, for
plaintiff in error.
C. T. Goode, R. H. Whiteley, Solici
tor General by N. A. Smith, for defen*
dant.
William Webb et al, plaintiffs in error,
vs. Bevely Parker et id, defendants in
error. Equity, from Sumter.
Where au action of ejectment was
brought in the Superior Court of Sumter
county to recover the possession of lot of
laud, No. 127, in the 27th district in said
county, and on the trial thereof, n verdict
was rendered in favor of the defendants,
and a motion was made for a new trial,
which was granted by the Superior Court
to which the defendants excepted, and
41 t case was brought up to this Court
a writ of error; and upon the hearing
of ttie case in this Court, it appeared
from the evidence contained in the record
that the copy giant from the State to
William T. Scott, under whom the plain
tiff’s cluimed to derive their title to the lot
of land sued for, was to lot No. 107,in the
27th district, in said county, and not to
lot 127, which was the lot of land sued
for; and this Court being of tho opinion,
from the evidence in the record before it,
that the plaintiffs had shown no title to
the lot sued for, that the verdict for tho
defendants was right, and reverses the
judgment of the conrt Inflow granting
the new trial solely on that ground alone.
After the judgment of this Court was
made the judgment of the conrt below,
tbe plaintiffs filed their bill for a new
trial, alleging that, in fact, a grant was
issued by the State to William T. Scott,
nnder whom the plaintiffs in the eject
ment suit claimed title, to lot No. 127,
and that there was a mistake in the num
ber of the lot in the copy grant, that it
should have been to lot No. 127, and not
to lot 107, and that the plaintiffs in tho
coart below, now complainants, had no
knowledge of the mistake in the copy
grant until after the trial and the sigiug
and certifying the bill of exceptions to
this conrt. The complainants allege that
the counsel for the defendants told the
counsels for the plaintiffs that they had
a copy of the plat and grant to the lot of
land iu dispute, and that it would not
be necessary for plaintiffs to obtain one,
as the counsels for the defendants would
furnish it on the trial; that relying upon
this statement of the defendants counsel,
the plaintiffs did not procure a copy of
the grant, that upon the trial the counsel
for the defendants in pursuance of said
agreement did furnish what purported
to be a copy of said original plat aud
grant issued from the Secretary of State’s
office, remarking at the time. “ Here is
a copy plat and grant, we make uo {mint
upon that,” tho counsels for the plain
tiffs believing, as was stated by the coun
sel for the defendants, that it was a copy
of the original plat and grant to the lot
of land in dispnte, did not critically ex
amine it, and it was offered in evidence.
The defendants demurred to the bill for
want of eqnity, which was sustained by
the conrt below, and the bill dismissed.
Held, That the allegations in com
plainants’ bill make such a case as enti
tles the complainants to relief on the
ground of mistake, surprise aud misplac
ed confidence in the statements of the
defendants’ counsel in relation to the
copy, plat and grant, whether intention
al or otherwise; the more especially as
the judgment of this court reversing the
judgment of the conrt below, was placed
on the sole gronnd that the copy grant
was to lot No. 107, as set forth s~ *’
record then before it, but which
shown to have been a mistake, and that
the lot in dispnte, No. 127, was in fact
granted to Scott, nnder whom the plain
tiffs claimed and not lot No. 107.
Judgment reversed.
B. Hill, N. A. Smith for plaintiff in
error. Hawkins k Burke for defendant
MOB IN PARIS—IMPERIALISTS RUNNING BE
TWEEN VERSAILLES AND WXLHHLMSHOHX.
Washington, January 28.—The Bona-
partists are very active. Pietri Varda!
and Gen. Floury are at Wilhemshohe.
By tho terms of the capitulation tho
National Guards captured at. Longwy
are not prisoners of war. Conners pass
constantly between Chiselhnrst, Wilhelm-
shohoe and Versailles.
The Marion Emerson, reported on
fire at Bremerhaven was burned to the
water’s edge; a small portion of her car
go was saved.
New Youk. January 28.—A Herald
special from Paris 23d says that on Sat
urday night a crowd of citizens of Belle
ville and other quarters who had been
threatening mischief since the failure of
sortie on the 19th, gathered in numbers
around the prison of Mazos, where
Flourens, Milliera and other political
prisoners are incarcerated, and after va
rious riotous demonstrations, gathering
courage, in the absence of opposition,
made a regular attack upon the prison
and beat down the gates with bludgeons,
stones and iron bars.
The jailor and turnkeys fled for their
lives, leaving the jail free to the rioters
who opened the cells, releasing the in
mates, until they found Flourens, Mil-
liers and their companions, who were
carried forth iu triumph amidst cries of
'Abas Fattre / A bus Trochu !"
After parading the streets ruffianly,
lie crowd stopped and Flonreus made
desoeut upon the Maire of the 20th
Arrountissemeut, comprising the tur
bulent quartern of Belleville, St Lar-
gean, Pereela, Chaise and Charonne, in
tending to establish the headquarters of
revolutionary movement, which it was
hoped wonld extend over the whole
city.
However, as the parade failed to draw
any large numbers of followers into ac
tive co-operation, and finding those
willing to plunge into revolution, were
badly armed and almost destitute of am
munition, the rioters abandoned their
movements.
Before dispersing, Flourens called up-
l ail present to make oath to meet on
Sunday at noon, in front of the Hotel de
Ville and there demand pots&sion of ihe
Government in the name of tho people.
The rioters took the oath with great ve
hemence and excitement, aud then broke
up into groups aud returned to their
homes.
London, January 27.—A Versailles
correspondent of the London Times
writes under date of the 25th inst„ that
Favre had returned from Paris yesterday
and had another interview with Bismarck.
Another emute is leported to have oc
curred in Paris. The people in large
numbers appeared before the Hotel de
Ville and demanded from the Govern
ment more sorties, with the cry of “to
Berlin !” Tho rising was suppressed I y
troops who fired upon the mob, several
of whom were killed and wounded. St.
Dennis was bombarded on the 24th iust.
The French replied feebly. Official dis
patches from Paris of the 22d iust., an
nounced the separation of the command
of the army from the Presidency of the
Government. Trocha retains the latter
office. Vinoy is new commander of the
forces.
London, January 27, 5 r. m.—A dis
patch from Versailles of the 26th to the
London Telegraph says the bombard
ment of Paris continues and shells have
fallen near the Church Notre Dame.
Tho total losses of Germans in the thr< e
days, sortie was only two thousand.
None of the German batteries except on
southern and southwestern sides of Paris
throw shells into the city. Fires are still
occasionally kindled in Paris' by Ger
man shells. The number of French
prisoners in Germany on the first of
January was 11,160 officers and 33,385
The ladies of Munich resolved to
present a laurel wreath to Emperor Wil
liam and erect a statue of Von Moltke.
The Times says editorially that rumors
respecting impending capitulation of Par-
e conflicting. The only position
seems to be that negotiations are in
progress.
Paris consents to a parley, and is there
fore ready to capitulate. A correspond
ent of the Times writes from Paris that
there will certainly be more sorties, and
probably it will require a firm hand to
prevent terrible tragedies, for Paris
loathes the word surrender to which it
must be forced by its thousands of hun
gry mouths. The number of deaths in
Paris for the week ending 12th instant,
were 4,465—an increase of 387 over the
previous week. General Faidherbe is at
Dunkirk, making preparations for the
defence of that town. The French have
destroyed the bridge of Greey, near the
town of Laroohe, captaring a few prison-
£&y~Tke colored debating club at
Bainbridge seems to be flourishing. At
tho last meeting the question for discus
sion was, “Which is better for the la
boring man, to work for wages or part
of the crop!” One old veteran, whose
head wasas level as a fryingpau, said he
thought “bofe was de best, ef dey conld
be brang togedder somehow.”
There is a remarkable child now living
in Detroit. It is a month old, abont six
inches long, weighs one pound and two
ounces and has never cried since it was
bom.
“Barrett*.* took tho Silrer Medal.
Important Intelligence
Paris Surrenders !
End of the French War !
(Special to Sumter Republican.)
Washington, Jan. 29,—Official an
nouncement of the surrender of Paris on
the 28tu inst has been received.
Tho German troops occupy the Forts
around tho city, and the French troops
in Paris are prisoners of war.
An armistice of three weeks, by sea
aud land, lias been sighed by Bismarck
on port of the Germans, and Favre for
tlieFrench. H.