The Weekly Sumter republican. (Americus, Ga.) 18??-1889, February 10, 1871, Image 1

Previous Issue Next Issue

Clip Visible Area View Page Text View PDF

Newspaper Page TextL .-Lifts /. C-v PUBLISHED BY iflCOCK, GRAHAM & REIL' Volume 17. DEVOTED TO KEY'S. POLITICS ASD GENERAL PROGRESS—INIIEPSNIIENT IS ALL THINGS. A* > TERMS: Tl^ree Dollars a Tear. PWACI.r. m ADVANCE. AMERICUS, GEORGIA, FRIDAY, ^KBHXJAlRY lO. 1871. Number 5G % ■ ■ ving the length of r lii«l -,iUcea will be r.RuUriwtea. inverted for twenty Professional Cards. HAWKINS &. BURKE. .jornoya at Ij »ce. America*. Georgia. Jno. D. CARTER, SET kS LAW, ‘ Aoericu*. Geor*i*. FORT & HOLLIS, •t yen X fi V S A T LAW An.l Solicitor. ol Potent.. VitiiTU-us, (ieor^ia. . . , ,, II uv-.r It. T.llvr.r, .Tor. 1 »y.rU 10 tf C. T. GOODE, Yttovney at Law AMIJIICI’S, GEORGIA. . u-t W. T. L)a Yc!i]K>i't'« Drug 1 JACK BROWN, ttor » t 3 AMI.RICCS, GA. * i,h J, tiu N. A. SMITH, torn O y t»t Xj n. SAM LUMPKIN, attorney at law, J. A. ANSLEY, Yttorney-at'Law Amoricix*. On.. HAWKINS & GUERRY, At‘orneys-at-Law, tW. to tteymUi run-St sauuitwli. ™atten ■ t 1 itl'i.-e—cornerC*/lieg« . R. BROWN ITTOIIVEV AT LAW, w«-ricn», Georgia. IU.^i>f i.ronipt atuution to all bomutw entnuwa to ki» car.-. nuv 2C, 11 George W. Wooten, TTORXEY-AT-LAAV, Ainorloun, - « - On. itliet’ourt House. j*nl3it The Bird That Sang in May. A bir.1 last spring came to my window abutter, One lovely morning at the break of day; And from his little throat did sweetly utter A most melodious lay. He had no language for bis joyous passion, 'No solemn measure, no artistic rhyme; Yet no devoted minstrel o’er did fashion Such perfect tune and time. It seemed of thousand joys a thousand stories. All gushing forth in one tumultuous tide! A hallelujah for the morning glories That bloomed on every side. •luptuous ending, otn the dripping And with each ca: He sipped a de' pane; Then heavenward his little bill extending, Broke forth in song again. I thought to emulate bis wild emotion. And learn thanksgiving from his tuneful But human heart ne’er uttered such devotion, Nor human lips such song. And though 1 early waked for hitn each r uut once again, oue silent summer 1 met him hopping in the new m But he was mute, and looked The bird that sung ii M.y. twilight The hoarse Woodpecker and the noisy ja. In vain I seek through leafless grove an bower The bird that sung in May. And such, uicthinks, are childhood's dawn- ing pleasures, They charm a moment and then fly away Through life we sigh and seek those missiii; t Thebirdsthat sung in May. This little lesson, then, my friend, remember To seixe each bright-winged blessing in it And never hope to catch in cold December, The bird, that sung in May. AN OHIO ELOPEMENT. Phillip Cook, Attorr\e y at Law, AMERICUS. GEORGIA. TTII.l. prat lice in the Counties of M< , hunter, Lt e, Wt beter, Schlev and U ■ i:i !, ‘ t supreme Court of Georgia. u W&xtlLauiu'ft Building Next GEORGE W. KIMBROUGH, attorney at law, ANbOvuend A#*nt for the sale and purebase MUuil m Southwest Georgia. Iuvestigat- X1 uf*iiK Ktly “ ,herwlto - faithfully at- DR- WILLIAM A. GREENE, AMEU1CUB, GEORGIA*, C'SjP t(, J vTve hia friend, of Anierieu v lavUovw.Tm.hnR.onntrvin all the depart -lUAorhisprufersion. aprl'-ly Dr. J. B. HINKLE nrol I.D again tender hi. -enrices <in all tb ■•ranehe. of the Profession) to tlm good of America* and Kumter count!, and m- ' l! ‘ * room:nance of the liberal patronage •rn-ioti.-e !« *tuwed upon him. ;V-1*1 Attention given to Surgery. i-Aricrn at the Drug Store of Dr. E. J. •irwig,. Loideure in the hou*e kw.*a at ' " louse, nearly opjiotitc A. A. Adams. hr. S. B. HAWKtNS.” J[T OFl'lCE .t l)r. EldridK.'. Drug Stor.. "«;« near the Methodist Church. MEDICAL card. XX omoval. -Ktablinhineut. En- OR. WM. A. GREENE H AS r, n ." ,VCl1 hm residence to tbo houae • r ''*tly occupied by Dr. K. J. Eldridge, 1 Cobb place, a here he may now * 0,1,1 • *“* friends and patrona, except 1 1 l»t>ft-iH<ionally engaged. Jan 3 lm. J- H. CALLAWAY & CO.. MILLERS, p 0ItT GAINES. GEORGIA. ALL of FrtJ. Floor groond it their sjs» p * ek ^ * p *" “■ “ ■ aa 10(1 «r Com iadXMl ahrajra on luaA. [From the Cincinnatti Commercial, 25th.] Mr. Clayton Thompson, a well-to-do farmer, of Warren county, was married, sonic nine years s'nce, to Miss Lucy S then eighteen years of age, daught er of one of the neighbors—a handsome, spirited girl, whose mother had, after much persuasion, induced Iter to accept Mr. Thompson's offer of his heart, hand and comfortable home. It seems that during the nine years of their weded life only one child was lawn to them, aud that one they lost During uH this line Mr. Thompson has invariably tre-at- d liis wife kindly and even indulgently, o the full extent of liis means. As the -quel allows, however, she married him merely because her mother wished her er to secure a good home ; she gave him her hand aud kept back her heart, and he never has aucceded in win ning her love. About three years since be took to his house a pale, sickly lad, not quite four teen years of age, who did such work ns not lieyond his strength, and lived as Due of the family. About six months since there came a culminating {>oint to an intimacy that had gradually grown up between Mrs. Thompson and her boy lover ; and short ly after it was arranged that they should elope as soon as such a thing should be practicable. In the meantime, M Thompson, nil uususpecting and still devoted husband, granted his wife every apparently mere whim in the matter of making up a new aud exteusive ward robe. Day before yesterday he started to the village, cot fur from their farm, to transact some business, one item of which was the paymeut of one of his wife’s dry goods bills. No sooner hod he disappeared than the youngster, obeying hi* lady-love' structions, Lurnesscd a horse to a buggy. In the vehicle they placed a trunk, close ly packed with clothing, jumped in, with seventy-five dollars in their treasury and the world before (hem, and drove rapid ly to this city. Proceeding to the corner of Ninth ami Sycamore, they stopped at the Hummel! House, which the faithless wife had often visited in company with her husband. Here their horse was sta bled, their baggage taken in, and the lady shown to the parlor, while his lover made his way to the ticket office to pur chase tickets to Fort Kansas. The pursuit was made speedier than they hod calculated upon. Returning to his deserted home, and finding wife, boy, baggage, and horse gone the man sud denly awoke from a long dream of ital safety to 'he smarting reality of de sertion and disgrace. Now Mr. Thomp- doesn’t appear to be much of a phi losopher, or lo .be possessed of anything like a spirit of retaliation. We take him to be a simple-hearted mao, who loves his wife above oil things else of this world. It didn't take him long to saddle and mount a largo, raw-boned iron-gray goilding, a fleet beast, equal to a strong tusscl with any ordinary turnpike. He was off then at a brisk gallop iu the pur suit The old four-barred gate swung lazily after the clean pair of heels that his charger showed, and the mitrsQeoae roar of four rough-shod hoofs beating the frozen earth drew the scattered neigh bors. to their dooys and windows to stare and wonder what on earth could possess The man at the first toll gate compVe- hended the situation, ss the meek man but fierce rider gasped oat “Did they go this way ?” and turned his head to catch the reply, never tightening the rein. The gatekeeper yelled, “Yes,” and rushed in to tell his wife the news. An hour later this' solitary horseman drew up in front of the Hnmmell House, threw himself off bis melting and trem bling beast, rushed to the stable, saw hi?- well-known nag and buggy, and in the next minute had the landlord in a corner slopping his enp of bitterness over, and diluting its gall with saltine tears. The astonished landlord, made aware of the situation, (the wife coolly told him that Clayt, would call for the horse, and buggy,) demauded that ho should give him his word of honor tluit there should be no violence in the house. The pa role given, the husband was soon face to face with the woman aud her lover. Of course he reproached them. Tho lad had nothing to say, but the wife had considerable talking to do. She drew herself up, “just as Maggie Mitchell does in Jane Eyre,” as our informant eloquently descril>ed the attidude, and said she: “Clayt. Thompson, I’ve lived nine long years with you, and I never loved yon; you’ve always treated me kindly and with love, but I never loved yon; I married yon because my mother wanted me to, when I did’nt love you; now, look here; I love this boy and I’ll stick to him; so don't ask me to go back with you, for I won’t do it. If you knew all about us you wouldn’t ask me to go.” The husband burst into tears again. This was more than he could stand. Iu the agony of his soul, as the tears trick led down to his long black mustache, he gisped: “Lucy, can this be possible ?’’ “Yes, it’s possible and real; I’m bound to have lay own way.” “Lucy, I've always treated you well that nice new dress you’ve got on is proof of that.” “Yes, I know you have, and thnt’i what I say. But I want you to under stand that when I got this dress and had it made it was with the intention of run ning away in it.” The iron in this man’s soul was a red- hot poker, now; still he continued to plead with her, and still she was inexor able until at last a happy idea occurred to kiw- “Well, Lucy, if you will not go home with me, I’ll have that young rascal up for horse stealing.” “But you’ll please remember, Cla> t, that you gave me that horse and buggy for my own.” Here was a counter that told immedi ately. The poor man did remember this, qqd acknowledged the fact. At this point, however, the wife, seeing that she was not likely to get off without trouble, proposed a compromise. She would re turn home, provided her lover could go back with her aud remain until March next. Aud she wouldn’t consent to this unless he wits allowed to drive her back. Tho husband, after some retlccti- and considerable expostulation, const ted io this extraordinary cornpromu with the proviso thut he was to drive until they should get outside the and that the lover wus then to take the reins and transfer the saddle horse to him. This arrangement was carried out yesterday, we understand. By this time, probably, the three are back on the farm with “that boy” reinstated in the housi hold until March next, when it is to l>e presumed the husband will demand tli his services be dispensed with, according to contract. KonnECT.”—We clip the following sensible and well timed article from excellent cotemporary the Augusta Coh- stilutionalist: At this period of the year, the news papers, North and South, teem with ar ticles advising planters to cultivate leas of cotton and more of cereal crojis.' The planter reads, the planter approves, aud the planter goes on planting cotton to his own |uoti n, which may after all be right. We ceased, long ago, to vouch safe this sort of good advice. It was worse than wasted, and perlinjis it was worthy of no better fate. We have come to this conclusion, that planters know i about tillage than editors do, as a general thing. If not, this is a free oountry, so-called, and every man lias a right to go to Old Scratch in his own way. We dare ray the cotton way is os good as any other and twice as combusti ble. We, therefore, insist that the plant ers shall do just ns they pleasc with their crops. The Pope’s Anathema. A correspondent of a New York paper, writing from Rome, says that since King Victor Emanuel’s triumphant entry into Rome, the chief topic of interest is the bull of major excommunication issued against the King of Italy by the Pope. The following is a literal translation of THE EXTRAOKDIKABY RELIGIOUS DOCUMENT. By the authority of the • Omnipotent God, Father, Son and Holy Spirit; aud of the sacred canons, and of the Ini mum late Virgin Mary, Mother and nurse of Savior ; and of the celestial virtues, angels, archangels, thrones, dominations, powers, chrenbims, aud seraph ires; and of tho holy imtrinrchs and prophets ; and of all the apostles and evangelists; and of all the holy innocents, who, iu the pres- of tho Holy Lamb, are worthy of singing new hymns; and of the holy mar tyrs, holy confessors, holy virgius, ami of all the saints together with all the blest and elect of the Lord—we excommuni cate aud anathematize and aeparato him from the Holy Church of Omnipotent God ; that he may be tormented by an eternal martyrdom together with Dathan aud Abiram and all those who say to the Lord God, “Depart from us—we do not wish to wulk in thy ways.” Aud as fire is quenched by water, so let his light henceforth be extinguished 1 May the Father who created man, curse him ! May the Son who suffered for us, him ! May the Holy Ghost who visited us in baptism, curs.* him ! May tho Holy Cross on which Christ (for our salvation aud triumph over liis enemies) ascended, curse him ! May St. Michael, defender of holy souls, curse him ! May the angels and archangels, principalities and powers, aud all. the celestial cohorts, curse him ! May St. John, the Precur- St. John, the Baptist, St l’eter, St. Paul, St. Andrea, and all the other apos tles of Christ together, curse him ! May the rest of His disciples and the poor augelists, (that with their word con verted the whole world), and may the holy aud wonderful army of martyrs and confessors (they, by their sacrifficc, de fended the All-powerful God), curse him ! May the choirs of holy virgius (who for the love of Christ despised the things of the world), coudemn him! May the heavens, the earth, and all holy things embruccd therein, condemn him ! May ho be condemned in the boose id in the field, in the opeu streets and byways, iu the wood, in the water, and the church ! May lie be cursed iu bis birth and iu his death ; in his food iu liis drink; in his fasting aud in bis intemperance; in his quiet moments uml in his sleep; iu his waking and in his passage on foot or seated iu liis repose or in his labor; in the excrements, in the circulation of liis blood ! Be he cursed in all the facilities ■f Lis body! Be lie cursed internally and externally ! May be be cursed in his brain ! Be cursed in tho covering of his head aud in his temples ! May he be cursed in his forehead and in his ears \ In his eyebrows aud m his eyes ! In his cheeks and in his nostrils ! In his ante rior and posterior teeth ! Be he cursed in his lips and in his throat! Be he cursed iu his shoulder; and in his pulses In liis arms, hands nnd lingers ! May he be condemned in his month ! Iu the breast, lic-ort, and all the IkiwuIs of his body let him be condemned ! Iu his veins, iu liis arteries, iu his thighs, geu- titals, ankles, knees, legs, feet, and in his nails ! May he lie cursed iu all the liga tures and joints of his members, from the head to the feet 1 May he have health ! May the Son of tho living God, in all the glory of His majesty, curse him, and may Heaven, with all its pow mite and rise against him to curse condemn liim ! So be it Scene in a Rai.way Car—l'ne Latest and Most Startling Fish Story. The last fish story comes from New Jersey. Lately, in the interior of that State, a mild-looking countryman en tered a railroad car, hearing a handle tied up in a handkerchief, which he placed under his seat at the end of the After traveling along for about half an hour a lady, sitting in front of the countryman, was observed to move un easily in her seat, aud to east savage glances at a seemingly respectable man sitting by her side. Iu a few moments afterward* another lady, still farther to the front, “became uneasy,” and at lost, rising in her sout, she requested that r-omc gentleman in the car would protect her from an elder ly-looking gentleman by her side, who, she stated, had insnlted her. A dozen jiersoiis offered their assist- aucc, «*d before the accused could speak in his own defence, his hut was jammed rer his eyes, aud he was dragged to the ar of the car. While there, and currying on with the avengers a war of words as to what the indignity meant, still another lady rose, also seated farther up the car, and ac cused a gentleman sitting behind her with improper conduct. A rush was made for insulter number two, but that gentleman vigorously defended himself with a large walking stick which l:e hap pened to have (and which, by tho way, ine cause of this lost trouble, his ac cuser stating that he had been indeco rously rapping her ankles under the seat with the same), and while the struggle to get at him was still in progress somebody the front of the car shouted, “There’s a snake on the floor!” A scene then ensued. The Indies in e car clambered up on the seat;*, and many got up on the arms and backs of am©. One elderly maiden managed to stand on the backs of two seats, in the best circus manner possible under the circumstances, while a young mother threw her baby into a parcel-rack aud then hung on convulsively to a ventila tor. Tho confusion awoke the countryman, who, on being told of the snake, first n his bundle, nnd then exclaimed, blamed if that old eel haint got loose 1” and he started for the front. ion returned, grasping firmly an immense eel, which he had first caught while out fishing, but which, wheu brought into tho car. had managed to ;et out of the bundle, aud had wended its way to the front, lovingly caressing the different varieties of ladies garters which he encountered on the way. Apologies given and received straighten ed everything iu that car except the hat that was jammed down, aud the country leaving at the next station, no blood was drawn. A Bourbon Mon ktbocity. —Tliu Parii True Kentuckian, in its iwine of yester day, furnishes the hut inonstrocity sat ion, In its Millersbnrg items it tells the story of a colored woman of that town, aged but' fifteen yeois, who a few nights since gave birth to a child with its face half white and half brown. The line dividing the two colors passing npthc chin, mouth, nose and forehead, and to the back part of flic head. Onohalfof the hair is like a white person’s and the Other that of a negro or Indian. The body is spotted, and, to clap the climax, the back side of the. face is round, and makes a curve toward the month some thing like an elephant’s trunk. How this is, is not clearly shown, but the state ment is given as wo find it in the Ken tuckian. The mother has already by the omnipitant speculator in such horrid ca riosities, who. offers her $500 for the privilege of exhibiting the child if it lives to a suitable Age.—-Courier-Journal Startling Revelation—Highly Istelestino to Loveus op Hash.—The New York Commercial Adrertiner, of Fri day, Kays : One of the morning papers star!led its readers to-day with the revelation that human flesh in being manufactured into hash for the use of certain boarding houses in this city. Now, auy newspa- ir individual so very particular as to find fault with hash, is altogether too critical for this progressive nineteenth DEOISI O 3XT fci —OF THE— SUPREME COURT OF GEORGIA. Deiirrrrl at AUant i. Tuesday, Jan. 31,1871. [REPORTED EXPRESSLY POR THE CONSTITU TION, BY X. 1 HAMMOND SUTBEME COURT Anna Dickinson’s stock of clothes most be running low, as a report of her last lecture says “she appeared attired in a modest but rich necklace.” There are seventy-four thousad doctors in the United States. . century. But it is our private opinion, publicly expressed, that the revelation made by onr morning cotemporary based upon altogether too Blender foundation to be credited. A human tooth found in somo boarding-house hash is all that this startling story is hung upon. Now, this tooth may have been broken from a set of false teeth be longing to one of the boarders, or it may have been a real molar extracted by some dentist and thrown into a garbage barrel, to ultimately find its way into the hash. For our part, we ml vise those readers who are compelled to snb- j boarding-house fare, to c- •ntinue / eating hash—that is, if they like the ai- ticle, and not l>e deterred by bngba r stories, invented by sensational journal ists. It is related that once upon a time a certain boarding-house in New York, or elsewhere, was noted for its excellent bash. Bridget, who manufactured it, was frequently commended for her skill. The boarders were inexorable. They would have hash every day in the week, Sundays not excepted. Bridget, al though greatly flattered at the encomiums paid her hush, scolded considerably on account of the arduous task whiuh was imposed upon her. Her hash seemed to be chopped exceedingly flue, and the boarders, were juit to very little trouble in masticating it. At length oup of the admirers of the article, curious to know how Bridget made it so fine, enouired of her what formula she used. “Formula is it f” said she; “not a bit of it dtizl use, sar; I chews it wid my jaws, and I’m tired to death with the likes of the wort” It is needless to say that tbs hash mania in tl-at boarding-house im mediately subsided, much to Bridget’s delight and the disgust of the. landlady, who was obliged to furnish other -pro- vender to replace tti* hash. Poor Minister; high” writes fro a ton Journal: Ministers are not paid any too much at the best. Some of our clergy have a royal stipend. Beecher, $20,000; Storrs, §10,000; Hall, Adams, and a few fash ionables have incomes ranging from $G,000to $8,0000 aud $9,00. This sounds large. But the great moss of pastors have a struggle to make Loth ends of the year meet Some do not keep the wolf from the door. All who have char ges have to keep up a good and genteel appearance, and to do this must live close. New York is full of pastors out of employ, who have had fine charges, good salaries, and have known better days, but who now have a struggle to keep soul and body together. Men old the service, who have|all their days lived well are now poor, and many want. They peddle books; get surauee policies; write a little for the press;get a clerkship; aud do anything they can. One of this class, who has been a city missionary, died suddenly the other day; died in want nnd destitu tion. It would bo harsh to Miy he was starved. But he came near it. With such a horde of ’old and once popular who ure out of employment and want, simply because they are old, aud parishes demand young m strange that so few young men seek the ministry as a profession, o leave it for medicine, the law, tile life. Eqaios liniment cures Skin disaasea. Eufaula is building an opera house. Iowa sheriffs sell the family Bible to satisfy judgments. Mercer University opened iu Macon with forty pupils. The friends of the Wright family agitating their rights to the Gubernatorial chair. Only oue person in half a million rail way travelers bus been injured by acci dents. At the battle of Oruvelotte A trumpeter was killed by a ball which went in at the mouth of liis instrument. Woman as telegraphic operators have proved a great success. They, send the electric spark right through a fellow. Tho Danbury News says that the rea- u school boys delight to dig aud ex plore cavi-a, is because of the recesses there. A Western editor tells of n smart boy who can “recite liis Sunday--school les son backward with his hand tied behind him.” A scbcool girl’s conundrum is: .What State is round ou lioth ends and higb the middle ? Ohio. “ How is that for high,” anyway? The difference between a bouquet of flowers and a “ bouquet” of wiue is, that one makes a nosegay, while the other makes a gay nose. There are two reasons why some peo ple don’t mind their own business. One is that they haven’t Any business, and the wound that they have no mind. S. H. Mi* ’ 1 vs. the State. Assault and *erv, from Sumter. LOOHi. v E, C. J. Wherenp u au indictment for assault with intern to murder. The prisoner moves a « mtinnance ou the ground of public excitement and sets out in his mo tion that prejudice exists against him by reason of the prosecutor being the edit or of a newspaper, and was keeping the case before the public. 1. Held, That this showing was insuf ficient to take the case out of the general rules laid down by this court governing applications, for continuance on the ground of prejudice and excitement, and that the statuatory question prescribed for person protects prisoners from pre judice influencing their judgments upon the law and facts of the case entrusted to their consideration; and this court will not control the discretion of courts be low refusing continuances on this ground. When the Judge asked the counsel for the prisoner if they would consent to tho jury dispersing during the progress of the trial, which was given twice and the jury dispersed, and the third time it was asked, prisoner by his const 1, objected, and the jury held together, and tliero is no averment of any improper set or in terference with the jury: Held, That there is no error in law committed entitling the party to a new trial. But that such enquiry by the court is improper, that juries, after heing charged with tho consideration of the cusc, ought not to disperse and intermin gle with the crowd; that such opportuni ty endangers the purity of verdicts, and when allowed ought not to be done by tho request of tue prisoner’s consent iu the presence of the jury, thus putting his assent on the principal of moral duress, where his refusal might prejudice the jury against him. When a newspaper publication jw pro sen ted as the justification of an assault and battery, aud the judge refuses by his charge to give such publication the effect of opprobions words sjioken iu the pres ence of the party, or of holdiug the say ing, “I put tho publication in the paper as a man, and am responsible for it,” is in effect within the provision of the Code: Held, That the Judge was correct in his view of tho law, and that tho statute only embraces such cases where the op- proprions words are uttered in the pres ence of tbo party which in their uature ore supposed to arouse the pas sions nnd justify under certain circum stances to lie adjudged by the jury in- 4ant and appropriate resentment, not disproportion^ to the provocation. Where a parly, meeting another, is liim- If the as-ailunt, demanding explana tions, apologies, or using offensive lan guage calculated to provoke a difficulty, and the party thus assailed, steps back, putting liis hand in his pocket, aud the Judge charged tho jury, “that M. would have beeD justified only when H. endeav ored to draw a weapon, or make pretence of drawing one out, if he struck before any effort or show of drawing a weapon hail taken plnce. and struck because lie put his baud in lus pocket, he is guilty of assault and buttery: Held, That such charge was a correct presentation of the law; and thut where u goes to auother to assail him or de mand explanations or apologies, or iu auger using offeuseve words, and the party so assailed, without proof of some t revious threats, steps away putting his and in his pocket, it is un unauthorized presumption of law and fact that ho has A concealed weapon, which ho is about to draw or use aud that men must act ou somethiug more substantial in appear- uuce than this, that there must be some definite act, some apparent preparation draw, aud that he has in fact a weapon justify or palliate the commission of deuce iu the premises, and that the pretence of reasonable fears or right of by courts wonld be to trifio with human life. Held, The facta in this case sustained the verdict. Judgment affirmed. Fort & Hollis, N. A. Smith, for plaint- ! in error. Jack Brown, C. T. Goode, Hawkins k Burke, for the State. Samuel Blylass, et ah vjl Geo. E. Clark, Refusal of injunction, from Sumter. LOCHRANE, C. J. When a party applied to the Chancel lor for an order granting an injunction, and the application was made, and de cided more than thirty days before the provisions of the lust Legislature relative to injunctions took effect. Held, That such refusal of the Jadge granting an injunction was in the nature of an iuterlocutory order, and not such final judgment, decree or decision, ui der tho 4.102J section of the Code, i brought the case within the jurisdiction of the Court; and that the motion to dis miss tho writ of error in this case be tained. Writ of error dismissed. C. T. Goode, T. H. Pecquet, by N. A. Smith plaintiffs in error. Hnwkius k Burke, for defendant*. Wm. Tomlinson et al. vs. Wm. M. Hard wick. Arbitration, from Sumter. McCAY. J. Exceptions to an awurd, on the ground that it is contrary to the testimony before the arbitrators aud, therefore, illegal set out the testimony in full aud the re cord mast slow such a case contrariety to the evidence in the evidence in the uward as to require the inference of frond, accident or mistake iu the arbitra tors. If there be any evidence to sustain the award the exceptions will be demur- able. Judgment reversed. C. T. Goode, N. A. Smith, for plaintiff on the first trial was against that defen dant alone, and the only party entering the appeal. Held, also, That the Southern Ex- «ss Company, as a corporation* is lia- e for the acts of its officers and agents, when acting in the sphere of their ap- opriate duties, and that au agent of minLstrauon on the estate of J. K. John son, t o intestate. Hxl.». That aaa general rule the ad ministratrix of the intestate is entitled to the poMesession of the property of which be had possession aft the time of his death, but wheu the property in contro versy hud been placed in t!»e hands of a said company who arrested the plaintiff, * receiver under tho order of a Court of who was suspected with having stoleu {Chancery iu the instance of a party money from the company for the pur-! claiming that the property under an ad- pose of recovering the money so stolen J verso title to that of the intestate, and for the benefit of Ihe company, was ac- f before there was any administration on ting withiu the sphere of his appropriate j his estate, that there" was no error in the dnty as the agent of said compauy, aud court Inflow m refusing to order the re- that the arrest of the plaintiff by such j reiver to turn the property over to the agent under the circumstance* s ;t forth complaiuunt in view of the facts present- tho r.-cord, was not such a willful tres pass on the part of the agent as will ex onerate the company from liability for the conduct of their agent in making the arrest, the more especially as tho com pauy, after thy arrest aud discharge of tho_ plain tiff, recognized the authority of their agent lo make the arrest, by en deavoring to procure a release from the plaintiff for the damages sustained by m in consequence of such arrest and iprisonmont: Held, further. That whether the release in the record mentioned was a valid release, or procured by fraud, was questiou of fact, to be cletermed by the jury under the evidence submitted on the trial. On tho trial of this case iu the court below, the jury found a verdict in fuvor of the plaintiff for the sum of ten thousand dollars. A motion was made for a new trial, which was allowed by the court, to which the plaintiff excepted : Held, That there was no error ia tiro >nrt below in granting the new trial, on the ground that the verdict was grossly excessive, under the evidence as disclosed bv the record, the jury were not author ized to find a verdict for vindictive dam ages, and it was the dnty of tho court to set it aside, ns it was contrary to tiie principles of justice and equity; whilst it is the duty of the court to hold the 'defendant to a strict performance of tho obligation and liabilities imposed by law, it is also the duty of the Court, to protect the company from being wrong fully plundered under the form and col or of law, nnd wherever it is apparent to this Court, that juries, cither from pas- prejudice against incorporate companies, have rendered verdicts which are grossly excessive, it will not hesitate to set them aside aud grant a low trial. Tho legal and equitable ights of incorporate companies are to bo measured by the same standard in the rendition of (lie verdicts of juries as those of natural persona. Judgment Affirmed. Richard H. Clark, C. T. Goode, W. A. Hawkins for plaintiff in error. Lyou, DeGraffenried A Irwin, Joseph P. Carr for defendant Windsor k Jowera, plaintiffs in error, Perry H. Oliver, defendant. Case from Sumter. WARNER, J. Wheu an action for slander was brought by tho plaintiffs, Windsor & Jowers, as merchants and planters, against the defendant, alleging that they were honest reliable mcichants, buying and selling goods, wares, and merchan dise, aud making frequent puroliases, liy the wholesale and otherwise, from mt-r- chants^in the city of New York, nnd having good credit in said city, and that the defendant, on tho 6th day <ff January 1808, iu the city of New York, wickedly intending to destroy the good name and credit of the plaintiffs, did speak, ntter and publish the following false and scandalous words, to-wit: They (meau- iug tho plaintiffs) “havo sold out; they arc not worth fifty cents on the dollar.” There was no allegation in the declara tion of any special damage resulting from the speaking of the words, to the plaintiffs. On the trial of the case in the court below, the plaintiffs were sworn in their own favor, who stated that they had been merchandizing iu the city of Ainericus, that iu the . month of Angnst, 1$G7, they sold out tlieir stock iu trade and btore’-honse to the defendant, inten ding thereafter fo buy goods and con tinue the business, which had not ls*cn done. The court charged the jury, amongst ether things: “If the partner ship of Windsor & Jowers was actually dissolved, that is, if they hud sold out their house and lot, and their stock of goods, and were not in trade at the time of the words spoken, it is incumbent on the plaintiffs to show and prove special damage before you can find a verdict in their favor. Any damage, such as pre cipitating lawsuits against them, and involving them in costs, if proven to have grown ont of the words spoked, are special damages such as to authorize a verdict If special damage is proven, though small, tho jury can increase the damages according to the aggravating circumstances of the transaction. The jury found a verdict for the plaintiffs for the sum of four thousand dollars. The defendant made a motion for a new trial several grounds, which was granted by the court below, to which tho plain tiffs excepted: Held, That inasmuch as the plaintiff* were not engaged iu trade at the time of the alleged speaking of the words, they were not entitled to recover without al leging in.tliir declaration and proving on the trial special damages resulting from the speaking of tho words by the defen dant, and ns this was not an action brought by the plaintiffs for tbe recovery of any special damage sustained by them, the charge of the court to the jury in relation to special damages, was error, aud the new trial was properly granted by the court below for that error, as well os others stated in the record. Judgment affirmed. C. T. Goode, Lyon DeGraffenried k Irvin, for plaintiff in error. ed by the record. The complainant can be made a party to the equity cause al ready landing, and iu that suit, assert the right* of her intestate to the property whatever tho sarno may bo, and thereby, save a. multiplicity of suits. J udament affirmed. T. Goode, for plaintiff in error. Hawkins k Burke, for defendant. F17£ RfOtUASD D0LUL&1 REWARD FOR LITTLEFIELD—THE FLORIDA GOVER NOR HARBORS AH ESCAPED CRDCHAL. We Muted some days ago, that the no torious bwindier, General Littlefield, had lied from North Carolina into Florida; that a requisition for the Criminal had been made npon Governor Reed of the latter State, aud that up to latest account tho surrender had not been made. Tho further history of the affair is given in a message of the Governor of North Caro lina to the Legislature of that State, and its prompt action thereon. It will be seen tlial if Reed is not a copartner in crime with Littlefield, which he probably is, he lias made himself accessory after the fact by harboring the criminal. The message referred to reads os follows: State of North Carolina, 1 Executive Department. |- Kaleiuh, January 21, 1871. ) 7b the Honorable the General Assembly of North Gtrolitut: Gentlemen.—I have the houor to in form you that upon information received by me that one Milton S. Littlefield, a fugitive from justice from this State, had taken refuge in tho State of Florida, immediately dispatched Joseph C. Mills, Esq , a special messenger or agent for the State, to Tallahassa, Florida, with a requisition under the great seal of tho State, demanding that the Governor of Florida should cause tho said fugitive to be an ested and delivered to the agent appointed by me to receive and bring him to justice in North Carolina. I am informed by Mr. Mills that ho has presented tho requisition to tho Gov ernor of Florida, nnd that, although tho said M. S. Littlefield wns at the time in the city of Tallahassa, umeuable to pro cess, yet the said Governor, under pre tence thnt tlic bill of indictment upon which tho requisition was hosed, is not prcj'. rl; c ertified and authenticated, re fuse? hate tho said Littlefield arrested nnd surrendered to the agent of this State. This uctiott on the part of the Gover nor of Florida is, iu my opinion, un worthy of the executive of any State who lias a proper regard for the comity which should exist between the execu tive officers of sovereign States, aud will warrant the presumption tliat there is latent influence operating npon His Excellency which prompts him to protect this fugitive and afford him an opportunity to escajie. My powers in thia matter have been exhausted, and knowing of no way in which ihe Governor of Florida can be « [ to perform his plain' duty ip the •remises, I have deemed it proper to make this communication to your hon orable body, and to &*k that yon will, by proper legislation, authorize me to offer a reward, not exceeding five thou sand dollars, for the arrest and delivery of said Milton S. Littlefield, to the Sher iff of Buncombe county. I have the honor to be, very respect- Your ob’servant, Todd R. Caldwell, Governor. This message having been read, the following resolution was introduced and passed bolh houses unanimously ; Resolved l>y the General 'Assembly of North. Carolina. That His Excellency, the Governor, Todd B. Caldwell, be authorized to offer a reward of five thou- d dollars for the arrest of Milton 8. Littlefield, and his safe delivery to the sheriff of Buncombe county^ or to the Governor of this State. This resolution shall not apply to any messenger already sent, or to be sent, by tho Governor for the arrest and delivery of said M. S. Littlefield.—Sav. Republican. M. A Johnson, administratrix, plaintiff in error, vs. Thomas J. Stewart et. ah, defendants. Equity from Lee. WARNER, J. When a bill was filed by the adminis tratrix of J. K. Johnson, deceased, pray ing that certain property in tho hands of a receiver appointed by the conrt, under the prayer of a bill heretofore filed for that purpose between other parties, should be taken ont of the hands of such reoeiver, and placod in the hands of the complainant aa tbe administratrix of her intestate, alleging that her intestate died in the possession of her property, and on the hearing of the case in the court be low, the following state of facts wen dis closed, as appears from the record now before ns: that in September, 1866, Stew art, os the guardian of SalHe Beverage, an infant filed a bill against one Thomas W. Johnson, alleging that he had wrong fully and fraudulently possessed himself of the property of which the intestate, J, K. Johnson, had in hia possession at the time of his death was the property ol tho minor, Sallie Beverage, and was in poe- session as h£r guardian at the time of his death. -The property was ordered by . , r , . T Che oburt to be placed in‘ihe hands of • of the court on the appeal trial of the receiver; afterwards, in Augusta, 187( A. W. Ore cue, plaintiff in error, vs. Southern -Express Corny any, defend ant iu error. False imprisonment, from Sumter. WARNER, J. When an action to trespass for false imprisonment was instituted by thf plain tiff against McCray and Mitchell and the Southern Express Company, in the coun ty oi Sumter, where two of the defend ants resided, and the defendants appear ed by their counsel and filed their joint plea tb the merits of the action; without excepting the jurisdiction of the const. . . ■ Held, Thar it was too late for the Southern-Express Company, one of the defendants, to object to the jurisdiction ; although the verdict of the jury the complainant obtained letters of lid* The Yerger case still excites much in terest in Mississippi. The Canadian fisheries are estimated at $50,000,000 a year, employing in their proscut ion 80,000 men. A. L. Harris, Master of Transpotatian and Supervisor of ihe State Road, has tendered hi« resignation to take effect on the first March. The fortification bill reoentiy passed by Congress appropriates. 925,000 for Fort Moultrie and a like sum for Fort Sumter. These appropriations are just half the amounts recommended by the - chief of engineers. For over thirty yean an old gentleman at St. Albans, Vermont, has made a practice of getting out of bed every night at eleven, twelve two and four o’clock, to enjoy a comfortable smoke. Morrill, of Vermont, has actually had the temerity to introduce in Congress a bill making it penal to sell or give intoxi cating liquors for drink *9 tbe civil and military, officers of the government. BQuAn effort xa being made tb dis place the long established Loop skirt A gored haircloth skirt, stiffened with hue cords running horizontally around the garments and enlarged at the bottom with several haircloth flounces, is expcct- «d to take its piece. 7

Georgia Historic Newspapers

The Weekly Sumter republican. (Americus, Ga.) 18??-1889, February 10, 1871, Image 1