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COLUMBUS:
FRIDAY HOBSIKU, JANUARY 31.
Tekky Refuses. —Terry has refused
to submit the question of eligibility of
the members of the Legislature to the
Supreme Court.
Dead.— Alfred Hennen, the oldest
lawyer at the New Orleans bar, died a
few days since, aged eighty-four.
Perhaps. —The tenacity with which
Terry sticks to Bullock, and the case of
Ames of Mississippi, suggest that, per
haps, Gen. Terry desires to be Senator
Terry.
Joseph Brown's Opinion. The
Atlanta Constitution contains a long
opinion from Joseph Brown on the eli
gibility question. It is sound and law
yer-like, and by the side of Pot Ash
Farrow’s balderdash, reads yery much
as Blackstonc would by Mother Gooses’
Melodies. Bo much for Joe.
The Infallibility Question.—
Bishop Cose, of the Episcopal Diocese
of Western New York, has just returned
home, lie was present just previous to
the opening of the Catholic Council in
liome, and wrote a letter to the Pope,
which was published in some of the
Italian journals, and attracted much at
tention. The Bishop expresses the
conviction that the dogma of Papal in
fallibility will be agreed to without any
opposition to speak of.
A Novel Cure for Consumption.
—The latest method of curing consump
tion is that practiced at an establish
ment on the banks of the Rhine called
the “grape cure.” Patients have excel
lent quarters, plenty of fresh air, and
every day go into the gardens, each
one carrying a basket, which is filled
under the watchful eye of the doctor.
The patient then retires to a pleasant
arbor, and slowly sucks the grapes. A
fine orchestra enlivens the curing pro
cess with excellent music.
Change in the Court House.— All
the desks are to be taken from the Su
perior Court room, and their places
supplied by large tables. These tables
will have drawers in them for each
member of the bar. The old railing
has been removed and anew one built
like that in the Council Chamber, only
it Is in a straight line, commencing at
the corner of the vault. The arrange
ment improves appearances and gives
more room to the lawyers and less to
spectators. A gallery, to be entered
from the stairs on the outside, for the
audience, is talked of. All of which
costs money, makes more county orders
—while those already given are not
paid—increases the county debt and
taxes, and might have been well delayed
until the oppressed people are somewhat
relieved from the ruins of war.
Awful Price fob a Road.—lt was
publicly stated on the streets by a coun
ty officer the other day that $2,000 had
been ordered paid—that is county or
ders had been issued therefor—for the
right of way to open the “Diamond”
Ford road, one beyond Wynnton. The
whole tract of land through which it
passes was given in at $4,000. The
Grand Jury last year directed it opened,
but could they have dreamed it would
cost so much ? The Inferior Court
closed it two years ago rather than pay
$1 ,000 damages which had been ad
judged by a jury to the owners of the
land. Did the Road Commissioners,
or anybody else assess the value of the
“Right ot Way ?” Is it worth to the
public one-twentieth of the amount
named?
The Schools in Russell County.—
It will be gratifying to our Alabama
readers to learn that the Public Schools
in Russell county have again resumed
operations. T. T. Edmunds, the Su
perintendent, has secured the promise
of SI,OOO from the Peabody Fund to aid
the school, taught in the Academy
building in Girard, by Rev. J. It. Little
john. With this aid and the taxes as
sessed by the State for such purposes, it
is thought this institution can be kept in
operation nino months. This school
opened Monday with 73 boys and girls.
In addition, Girard has two other
schools, one taught by Mrs. Tharpe,
which received, on Monday, 30 chil
dren ; the other for negroes, Miss Cadey
being instructress, opened the same day
with 60. It is estimated the State fund
will support these last named schools
five months. The number of children
will be increased as the session pro
gresses. The Trustees of Girard town
ship are T. J. Jackson, U. L. Martin,
and Daniel Coliias. We presume other
schools in the county are progressing.
Meeting of Stockholders Georgia
Home Insurance Company.—At the
annual meeting of the Stockholders of
the Georgia Home Insurance Company
the following Board of Directors was
elected: James F. Bozeman, Wm. 11.
Young, J. Rhodes Browne, John King,
Josiah Morris, of Montgomery, Ala.,
L. T. Downing, W. J. McAllister, Jas.
Ennis, Charles Wise, W. H. Hughes,
D. F. Willcox. It is the old Board, ex
cepting two or three changes made nec
essary by removals and othor causes.
At a meeting of the Directory, James
F. Bozeman was re elected President
and D. F. Willcox, Secretary.
The Board declared a cash dividend
of $lO per share and a “Scrip Divi
dend” to holders of “Participating
Policies,” of 25 per cent.
The reports of the officers exhibited
most gratifying results. The business
of the Company is large and continually
extending, and its management charac
terized by a liberal yet proper caution.
The splendid three-story iron building
in this city, where the main office is
located, is being rapidly refitted. It is
warmed by healed air throughout, and
the upper apartments are nearly com
pleted according to the original plan.
Never was the company more prosper
ous. No institution enjoys more the
confidence of the public.
Jail Escape.—lt was not a member
of the chain gang but a negro inmate of
the jail who escaped Wednesday. Ilis
name was Jim McHenry, confined on
the charge of perjury. He was a
witness in the Coleman case, and as
the chain gang were being returned to I
the jail he ran by them and escaped, i
The overseer of the gang, West Davis, !
shot at, and is thought to have hit him.
A little nephew of the jailor, John ;
Cleghorn, ran after and caught him,
when the negro threw him aside into
a mud puddle. He still pursued and
represents that the negro occasionally
fell. From this fact, it is supposed he
was badly wounded.
Savannah and Memphis Railroad.
—The Montgomery Advertiser says :
This enterprise seems to be pushing
ahead. Yesterday we saw at the depot
of the Montgomery and West Point
railroad, a tine Locomotive, which had
just arrived from the North,and brought
here to be cleaned and refitted. It is a
very handsome and strong engine, and
has been baptized “Tallapoosa,” in
compliment to the liberal spirit and
hearty support extended to the enter
prise by the people of the county. We
understand that Opelika was much en
thused over the arrival of the “Talla
poosa,” and wanted to keep her a day
or two.
By Wbst Authority?
The General of all the armies of the
United States, Lieutenant General Sher
man, has submitted a searching ques
tion to the Radical Congress. He asks
by what authority, officers of the United
States army, his subordinates, are hold
ing seats in the Georgia Legislature.—
He refers no doubt to the Military Com
mission, which Terry has appointed to
examine into and decide upon the eli
gibility of Georgia Legislators. Gener
al Sherman might with propriety have
pushed his interrogatory further. He
might have asked by what authority
Terry assumes to organize a Legislature;
by what authority Ames carried an
election in Mississippi by bayonets, and
then had himself elected United States
Senator. Indeed, he might Lave in
quired with great force and propriety for
the authority under which the troops of
the United States, in times of peace, are
put upon the duty of building up and
tearing down State Governments. But
it is best perhaps that he did not extend
his inquiry. He might have met with
a contemptuous answer, or a still more
contemptuous silence. As it is, he
must be answered on the point that he
has made. He is a violent and strong
headed man. He holds the sword, and
possesses the confidence and admiration
of the soldiery. He is a power, one
that neither the President or Congress
can afford to despise or affront. His
question has brought reconstruction in
Georgia to a halt. It has transferred it
again to the halls of Congress.
Somebody has been breaking bark
over Tecumseh’s shoulders. This is
evident, if we understand the language
of the telegram.
Tecumseh does not relish such pro
ceedings. Orders have been issued
without his knowledge or consent, and
Tecumseh is" indisposed to pocket the
deep disgrace offered a soldier and the
Commander of all the armies of the
United States. Sherman has been
known to say something to the effect
that no man should seize the sword and
be master of the country with this con
sent ; that if the Presidency came to a
question of hard knocks, as it is in
Mexico, he would do some of the knock
ing. He has also talked of wars soon
to come, and hard fighting beyond any
known in the late struggle. He is am
bitions, Upon this we should build a
hope,'.but that he is crotchety, unreli
able, uneven of temper, cruel in dispo
sition, and malignant and implacable
toward the Southern people. But his
rank, pride, and authority have been
touched, and he promptly resents the
outrage. His question to the Congress
must be answered. All the documents,
orders and correspondence must como,
and if nothing more is accomplished,
another chapter in the infamous history
of this business of reconstructing Geor
gia will be laid before the public.
If Sherman is equal to the occasion,
his chance for present power and future
fame is before him.
Mr. Stephens’ Condition and
Opinions. —The many friends and ad
mirers will read with a melancholy
interest the following extract from a
late letter of Mr. Stephens’, which ap
pears in the Macon Telegraph and
Messenger. We learn from another
source that the second volume of his
great work has been completed, and is
in the hands of the publishers:
“ I am now a little better than I have
been—am able to sit up, read and write
a little; but I cannot walk or even stand
without assistance.
“ Please accept my thanks for the in
terest you manifest in my well being,
both physical and spiritual. Be assured
I am perfectly resigned to the will of
God in all my affiictions. I endeavor,
with the patience of Job, to bear what
ever awaits me under His dispensations,
and with a full faith in His mercy,
through the atoning mediation of the
Redeemer; and also further, with a firm
belief that ‘all things work together for
the good of those who love God’ and put
their trust in Him.
“ A leading object with me for years
—indeed from early youth, has been so
to live—so to conduct myself in ail
things—so to discharge, by the assist
ance of Divine Grace, all the duties of
this probationary term, as to be ready
to leave this sphere of existence for
another, a brighter and a better one,
whenever the summons for my depar
ture may come. This world, however
much I may have been engaged in its
active scenes during my day, has never
had any real attractions for me. I have,
it is true, taken a deep interest in them,
but at a'.l times more from a sense of
duty, than from any other considera
tion.
“I now feel a deep interest in what is
going on in our State, and in reply to
your inquiry on this subjecl, all I can
say is, that if I utter no word to the
public, and take no part, even feeble as
I am, it is only because I do not see
that anything I could say or do could
possibly effect any good. God, in his
infinite mercy, only knows what is to
become of this country and its institu
tions.
“I can say no more now, except to
repeat my thanks for your letter, and
return to you my best wishes, now and
forever.”
Mr. Benjamin Yancey’s Card.—
We find in the advertising columns of
the Atlanta Intelligencer, the following
card :
Athens, Ga., Jan. 17, 1870.
The Executive Committee of the
Georgia State Agricultural Society, will
assemble at Atlanta on the 10th of Feb
ruary next. Full attendance urged.
Ben. C. Yancey.
President G. S. A. S.
N. B.—Newspapers in the State, fa
vorably inclined, will please publish the
above notice.
The N. B. part is either a piece of
silliness or spite, or both combined.—
All of the respectable papers in Georgia
are favorable to the promotion of the
agricultural interest of the State, and
what success followed the late State
Fair, was due to their efforts in its behalf.
But few ol them approved the political
triggering indulged in by the Executive
Committee. We take the occasion to
express the hope that Mr. Yancey’s in
vitation may be promptly and general
!y responded to, and that when the
Committee is assembled, its members
will devote themselves to their legiti
mate business and leave to others the !
political pacification and rehabilitation
of the country.
Who Did It? —The Macon Tele
! graph and Messenger has the following
special telegram from Washington, un
der date of the 19th:
The President has issued an order to
Gen. Terry, forbidding A. A. Harris,
I or any other appointee of Gov. Bullock,
to proceed with the reorganization of
the Legislature, as the Georgia act as
! interpreted by the President only au
thorizes the Governor to convene the
' Legislature; and the United States Dis
trict Court, as provided in said act,
being the only tribunal that can try and
convict members of the Legislature who
swear falsely. Senator Morton, in a
speech to-day, denied that the President
had authorized or approved of the action
of a military court of enquiry to sit in
judgment upon the eligibility of mem
bers of the Georgia Legislature.
Terry endorsed the appointment of
Harris. Terry appointed the Military
Commission. Terry’s friends say he 1
was acting under orders. Grant denies j
that he gave the order. Sherman de
nies that he did. Who gave it ?
The Cole Case. —The arbitrators in
the Cole case against the Western and
Atlantic Railroad, decide that the plain- ,
tiff is entitled to #3,500 and interest,
making a total of #6,000. The decision |
by agreement, is final.
An Afternoon at Ennis’ variety
Works —Mr. Ennis, of the hardware
house of Eunis & Cos., has established,
; three miles from Columbus, works for
1 the manufaetury of hubs, of all sizes,
augur, axe, broom, hoe, plow and all
other handies wheel spokes, felloes and
almost every variety of wood work for
agricultural, mechanical and wagon im
plements that,c:an be named. The lo
cation is near his charming residence in
Beallwood. All the approaches are
I convenient. A small stream has had a
dam thrown across it. Almost the en
tire year this will furnish sufficient mo
tive power. In addition, an engine of
1 twenty horse power has been erected.
1 It was built at the Columbus Iron
Works, of this city, and the workman
ship and execution of the machinery are
admirable. Oa this subject we have a
word to say. When Southern men are
contemplating manufactories and ex
, pect to appeal so our people somewhat
on the grounds of patriotism for support,
I they should buy ail the machinery they
- can at home, if they can procure it as
: good as elsewhere. Now the Columbus
Iron Works are 1 uilding as good and
handsome steam engines as can be pro
1 cured anywhere, and considerably
i cheaper, transportation considered.—
I Mr. Ennis is one of the public spirited
i men who counsult their own interests to
; the best advantage, and has found he
j could buy a better and cheaper engine
at home than at the North. His exam
| pie should be imitated. It goes a long
way and has a marked effect.
The main building is of wood 30x36
feet, and including the basement, is
j three stories high. Near by is a large
1 drying house, heated by steam pipes.
The works can be run either by steam
or water. By applying both three
I quarters of steam are saved. This pow
j er also runs a gin and screw.
Mr. Jimmie Brown, son of the well
j known mechanic and inventor, A. D.
, Brown, is Superintendent. A better
j man could not have been selected. He
j is a most excellent mechanic,gifted with
| sense and ingenuity, and one of the most
steady, upright and moral young men
we have ever known—a gentleman in
the truest sense of the word. At pres
ent he is assisted by two men and two
boys. The machinery, when run to its
full capacity, will require twelve men.
As you enter the works the operations
of a “Railway Cut Saw” attracts your
attention. It was dividing the stout
oak and hickory logs to be made into
wagon hubs, as fast as a famished dar
key devours “gunger” bread and never
rested or became tired.
A “Cut off Sawing Machine” came
next in order, designed for lighter work,
makes 300 revolutions per minute.—
There was another up stairs very simi
lar, provided with stops and guages for
cutting Btuff to a given length, cutting
off square or an angle.
A “Spoke Lathe” is a beautiful ma
chine, designed for almost any form of
light wood-work. It finishes off a sin
gle-tree in less than thirty seeonds and
an ax-helve in 40 seconds.
Just to the left of if is a “Hub Mortis
ing Machine.” This seemed gifted
with human intelligence. Fourteen
holes is a hub were made ready for the
reception of spokes in less than five
minutes.
An “Upright Borer,” come in order.
Bores holes in four hubs in a minute,and
like humanity, is fond of boreing.
An “Upright Shaping Machine” for
circular cutting of wood, such as felloes
has been ordered.
At a Lathe machine a man was finish
ing up thirty five hubs per day, and
soon can make a hundred. The factory
after a while can turn out 60 setts per
day.
The “Hoe and Broom Handle Lathe”
worked so fast as to beat time. Work
was finisned before a watch could be
pulled out. ’Twas a “jolly worker”
and didn’t take a second to reckon any
thing beating it all to pieces.
The “Dimension Planer” is invalu
able, doing rapidly the work of two ma
chines, and will plain anything from
the thinnest plank to 16 inch timber.
Upstairs, is a“Tenoning Machine”—
will cut a tenon—such a thing as where
a spoke is fitted into a hub—3j inches
long. Saw makes 550 revolutions per
minute.
In this department was a “Scroll
Saw,” the invention of Mr. A. D.
Brown, of Columbus, designed for cir
cular sawing. Does its work beautiful
ly. It is provided with a pump and
India rubber tube, which will blow
away the dust from your lines in any
direction at will.
A “Horizontal Boring Machine” was
a beauty. Will bore holes either straight
or at any angle. We believe if there
was a crooked auger, it would bore a
crooked hole.
Further on is a sand papering ma
chine, gotten up by the Superintendent.
All these machines are of the most
improved models and the choicest we
have seen. They were manufactured
by R. Ball & Cos., of Worcester, Mass.,
and were obtained through R. R.
Goetchius of this city, the company’s
agent, himself a practical machinist and
proprietor of large works. It is best to
order through such agents, for his sug
gestions are valuable, he can buy cheap
er, and if machines are not as represent
ed, he can exchange them for the right
pattern desired.
Will such works pay ? They un
doubtedly will. Mr. Ennis is an enthu
siast in regard to his works, but no vis
ionary. Everything has been carefully
calculated. He has the best machinery.
He is in a region where the finest oak,
hickory and other woods are abundant
and cheap. Labor is low. Why cannot
he manufacture cheaper than the North,
when he has all these advantages, and
the additional one that, while she has
to transport her wood thousands of
miles, he gets better in his own neighbor
hood ? Many such mills would make
the South independent and the richest j
country in the world. This property j
is now worth $12,000, though not so
much has been invested. Many gigan- j
tic establishments commenced on a
smaller scale. Mr. Ennis contemplates |
still further improvements, and is pro
ceeding with the caution that was never
known to fail.
We have noticed these works at length,
because we wish to encourage and ad
vance to the extent of our power, such
enterprises. Even now, the mill can
supply the trade of Columbus, and is
receiving generous support.
Outrage in the Alabama Legibla
■ tube —The mongrels of the Alabama
I Legislature have passed a bill to take
| the city Government of Mobile out of
| the hands of the white citizens of the
• place. The Montgomery Advertiser
j thus describes the iniquity :
The Mobile City Government bill
\ which passed the Senate on Tuesday,
provides that the Governor shall vacate
; the offices of Mayor, Aldermen and
Common Council, and fill the vacancies
j thus created without regard to city
wards, within ten days after the pass
age of the bill by the House. The Gover
nor is also required to send his nomina
tions to the Senate and the Senate shall
have power to ratify or reject the nomi
nations. From this it appears that the
Legislature does not hesitate to violate
| the State Constitution at its pleasure,
for partizan objects, and that they re
; gard it as being a fine thing to ape their
superiors in Congress in depriving the
people of their natural Jright of local
self government.
A New York reporter says that ten
thousand people go to bed drunk every
night in that city.
There must be at least ten thousand
more who get drunk and don’t go to ,
bed.
i
DECISIONS
OF THE
BVFSEMK COURT OF GEORGIA.
Delivered al Atlanta , Tuesday, Jan. 17.
[Reported expressly for theConstituUon, by N.
J. Hammond, Supreme Court Reporter.]
Sharp & Brown, plaintiffs in error, vs.
Eliiolt B. Loyless, defendant in error.
Bill of Review—From Terrell.
BROWN, C. J.
1. A motion made on oath, at the first
. term of the Court, to set aside an award,
' which did not state that the award was
the result of accident, or mistake, or the
1 iraud of someone or all of the arbitra
j tors, or parties, or that it was otherwise
| illegal, pointing out in what the illegal
ity consisted, was insufficient, and was
properly dismissed on demurrer.
3. When such motion was made at
the proper term, it was amenable at a
subsequent term. But if the movant
did not ask to amend, and chose to go
to trial on the motion as made, the
judgment against, when affirmed by
this Court, is final and conclusive, and
the matter in controversy is res adjudi
cata.
3. The judgment ordering an award
spread upon the minutes, will not beset
aside because the presiding Judge was
one of the arbitrators, who was to be
paid jointly by both parties for his ser
vices; when the parties made no objec
tion lo the Judge presiding, on the
ground that he was an arbitrator, till
after the case had been brought to the
Supreme Court, and final judgment
rendered. It is too late to raise the ob
jection in a bill of review, filed for the
purpose of getting anew trial.
4. A bill of review will not be sus
tained and anew trial granted, on the
ground that the parties dissatisfied with
the award, asked the Judge of the Su
perior Court to keep the Court open to
give them time to perfect their objec
tions to the award, which he refused to
do, but adjourned on the morning of
the first day of the adjourned term, as
the award was entered upon the min
utes at the November Term, and the
Court was adjourned till March, when
the request was made by Counsel and
denied by the Court. The bill does not
show sufficient diligence, or sufficient
reasons why the objections to the award
were not made out in proper shape be
tween November and March, and filed
before the Court adjourned; more espe
cially, as the Counsel did not at the trial
term move to amend, but went to trial
upon his objections as made out, and
filed before the adjournment of which
he complains.
5. A bill to review will not be sus
tained, or anew trial granted, on the
ground of newly discovered evidence,
unless it is shown: 1. That the evidence
has come to the knowledge of the party
since the trial. 2. That it was notowing
to the want of diligence that it did not
come sooner. 3. That it is so material
that itjwould probably produce a differ
ent result if the new trial were granted.
4. That it was not cumulative only—
speaking to facts in relation to which
there was evidence on the trial. 5.
That the affidavit of the witness himself
should be produced, or its absence ac
counted for. 6. The new trial will not
be granted if the only object of the tes
timony is to impeach the character of a
witness.
Judgment affirmed.
L. C. Hoyle, Lyon, DeGraffenried
and Irwin, for plaintiffs in error.
W. A. Hawkins for defendant.
Elizabeth Jepson, plaintiff in error, vs.
James H. Patrick, defendant in error.
From Muscogee.
BROWN, C. J.
When a widow elective to waive the
dower and allow the land to be sold,
and to take a life estate in one-third of
the proceeds of the sale, and the admin
istrator loaned the money in 1860 to a
person who paid the principle to the
administrator in Confederate money,
which was lost by the results of the
war; and in an action brought by the
widow, the judge charged the jury that
the administrator was not liable, if in
receiving the Confederate money, he
acted in good faith, and as a prudent
man would have done. Held; That the
charge was right, and this court will
not set aside the verdict of the jury ren
dered in favor of the administrator on
this state of facts.
Judgment affirmed.
Moses & Garrard for plaintiff in error.
Williams & Thornton by M. H. Blan
ford for defendant.
John L. Smith, plaintiff in error, vs-
Joseph Belli, et. al., defendant in er
ror. Complaint from Marion.
BROWN, C. J.
1. A note given in 1866 in renewal of
a former note, for a debt due prior to
June, 1865, is anew contract, and is
not embraced in the act known as the
relief law of 1868. And it was not er
ror in the Court below to order the
pleas filed under the relief act stricken,
if they do not contain matter good as a
defense under the laws applicable to
contracts made since June, 1865.
3. The plea to tender in this case was
insufficient under the law applicable to
this case.
Judgment affirmed.
M. H. Blanford, E. W. Miller for
plaintiff in error.
B B Hinton for defendant.
The Howard Manufacturing Company,
plaintiff in error, vs. The Water Lot
Company,defendant in error. Equity.
From Muscogee.
BROWN, C. J.
Where a bill was filed to enforce the
covenant contained in a written con
veyance made by the Water Lot Com
pany to the Howard Manufacturing
Company, which were claimed to run
with the land, and the bill did not set
forth the whole instrument, and nb
copy was attached as an exhibit, and a
special demurrer was filed to it for this
reason, and also a general demurrer for
want of equity, which were overrul
ed by the court. Held: That the
court erred in overruling the special
demurrer. Held further: That this
Court will not put a construction on
covenants in the deed upon which im
portant rights depend, till the whole
instrument is before it so that it may all
be construed together.
Judgment reversed.
R. J. Moses and Wm. Dougherty, for
plaintiffs in error.
H. L. Benning, for defendants.
A. M. Allen, Agent, plaintiff in error,
vs. Moore, Jenkins & Cos., defendants
in error. Garnishment, from Musco-
gee.
BROWN, C. J.
When the Sheriff served Rodgers with
summons of Garnishment, and the de
fendant in attachment filed his bond
with security to dissolve the garnish
ment, and the Sheriff notified the garni
shee that the bond had been filed, and
that the garnishment was dissolved,and
the garnishee afterwards paid the money
to the defendant in attachment, which
he owed him at the time the garnish
ment was served upon him;; and the
Court afterwards held that the bond
given by the defendant in attachment
was not in proper form, and that no
judgment could be rendered upon it.—
Held, That the Court erred in allowing
judgment to be entered up against the
garnishee for the amount paid by him
to the defendant in attachment, after
the notice from the Sheriff that the bond
had been given, and that the garnish
ment had been dissolved.
Judgment reversed.
WrlliamsA Thornton, by H. M. Blan
ford, for plaintiff in errer.
Peabody & Branon, for defendant.
Rebecca Davis vs. Wm. Bagley, £. G.
Raiford, Sec. Debt on admiaistra
tor’s bond. Chattahoochee.
McKAY’, J.
When an administrator, in the year
1862, alter receiving in his hands a suf
ficiency of assets to meet all unsettled
, claims against the estate, delivered over
j the remainder to the heirs at law, but
in making the distribution gave one
share to Barbara Davis and her children,
under a mistake of law, the fact being
that it belonged to Barbara Davis alone,
and the said Barbara made no objection
at the time, but consented, under the
same mistake of law, to said distribu
tion, but did nothing to mislead the
administrator, who was not at all influ
enced in his action by her consent.
Held : 1. That the delivery of the
assets to the children, who were not
entitled, was to that extent a devasta
vit, and Mrs. Davis is not estopped, by
her acts, from claiming of the adminis
trator her full rights as heir at law.
2. That the effects delivered to the j
children are still, in contemplation of
law, in the hands of the administrator
to be accounted for, not only to Mrs.
Davis, but to any other person who has
claims against the estate.
3. That if the effects kept in hand to
pay the demand against the estate in
1861, have been entirely lost without
fault of the administrator, he can pro
tect himself as to said effects against the
heirs at law and creditors under the
several acts passed since the war for
the relief of adminstrators, etc.
4 There ought to be anew trial in
this case, in which these principles
shall be applied, leaving the administra
tor to show, if he can, that there are
subsisting claims against the estate, of
higher dignity than Mrs. Davis’ claims,
which are entitled to the fund in hand ;
in which case Mrs. Davis is only enti
tled to what remains after the settle
ment of said claims, in the due course
of administration.
D. H. Burts, M. H. Blanford, Russell
& Peabody, for plaintiff in error.
E. G. liaiford, B. A. Thornton for
defendant.
James K. Redd, plaintiff in error, vs.
John W. Duer, defendant in error.
Certiorari from Muscogee.
AIcKAY, J.
The Superior Court of this State may,
by writ of Certaorari, correct the error
of an Ordinary, who in term time, on a
contest with parties before him, grants
letters of administration “pendents
iite.”
Ingram & Crawford—Williams &
Thornton, and Ramsey & Ramsey for
plaintiff in error.
H. L. Banning, Peabody & Brannon
for defendant.
B. & G. F. McCrary, vs. Harriett Perry,
Adm’x, etc. Relief from Taylor.
McCAY, J.
Where the Judge, on the calling of a
cause, intimates, that in bis opinion,
the defendant’s plea is a bad one, and
the parties, nevertheless, go to trial,
and no point is made on the plea, or on
the evidence, under it held that the in
timation of the Judge, made before the
case was submitted to a jury, is not
a ground of error.
2. When there is a plea to the juris
diction of the court, and a trial and
verdict, and the defendant claims that
the verdict is contrary to the evidence,
he can not, for that reason, move to set
aside the judgment. He must move for
anew trial in the manner provided by
law.
M. H. Blandford & J. H. Holsey for
plaintiff in error.
Grice & Wallace, by B. Hill, for de
fendant.
Geo. M. Renfroe, plaintiff in error, vs.
W. W. McDaniel, defendant in error.
Equity. From Muscogee.
WARNER, J.
When a judgment had been obtained
in a common law court upon a warran
ty for the sale of a slave alleged to be
uusound, and a bill was filed to open
and set aside said judgment on the
ground, that it wf.s a contract for the
sale of a slave. Held: That a general
demurrer to said bill for want of equity,
was properly sustained by the Court
below.
Judgment affirmed.
Smith & Alexander, lor plaintiff in
error.
L. T. Downing, M. J. Crawford, for
defendant.
Owen Duffy and Mary Staunton, pro
pounders, vs. Win, Carriden, cavea
tor. Probate of Will. From Musco
gee.
McCay, J.
The witnesses to a will must subscribe
their names, as witnesses after the will
is signed by the testator. It is not
enough that they acknowledge sigua
tures made the day betore the execution
of the will, even though such signatures
were in the presence of the testator, if
on fact, the will was not then signed
by the deceased.
Moses & Gerrard for plaintiffs in error.
Jas. M. Russell for deleudant.
Eagle Mauuiac.uring Comrany vs.
Charles Sbie. As-muipsi - , iu Musco
gee.
McCAY, J.
The failure to join, as plaintiff in a
suit a joint contractor, who, as appears
by the declaration, has no real interest
as such plaintiff, is not a ground for
arresting a judgment.
When there was a contract made in
September, 1864, to deiiver to plaintiff
certain cotton at the end of the war be
tween the United States and the Con
federate States, or at any time agreed
upon by the parties, and the declaration
agreement had been made, that the war
had long since closed, that he had made
a demand in May, 1866, and the plea
set forth, that at the close of the war,to
wit: First of May, 1865, the defendant
tendered to the plaintiff said cotton,
which, according to said agreement,
was then to be paid, and-that he had re
fused to receive it.
Held: That from the whole record
there appeared sufficient, after verdict
to sustain the writ, and a motion to ar
rest the judgment was poperly permit
ted.
11. L. Benning, for plaintiff in error.
Peabody & Brannon, Wm. Dougher
ty, for defendant.
Merritt, Dunham & Cos., plaintiffs in
error.
vs. Tho. Morgan, et‘ al., defend
ants,
Complaint from Muscogee.
WARNER, J.
Where executions were issued in fa
vor of the officers and employees of a
steamboat, for debts due to them,
against the persons owing such debts,
and also against the boats, after a de
mand on the owners or their agent for
payment, and a refusal to pay, as pro
vided by the 1968 and 1969th section of
the code ; which executions were levied
on the boat and sold by the Sheriff;
Held, that the purchasers of the boat at
such Sheriff’s sale acquired a good title
thereto, as against the owners of the
boat; and were not liable to be garn
isheed lor the value of tho boat so pur
chased, at the suit of an attachment
creditor for a debt due by one of the
owners of the boat prior to such sale.
Held further, that the executions under
which the boat was sold having been
issued against the persons owning the
boat, as well as against the boat after
demand and refusal to pay the debt,
and not against the boat alone , that it
was not such a proceeding to enforce a
marlinlien against the boat , as would
give to the District Courts of the Unit
ed States, exclusive jurisdiction under the
act of Congress of 1779.
Judgment affirmed.
Moses & Garrard for plaintiff in error.
Peabody & Brannon, S. T. Downing
for defendant.
Wm. Davis, plaintiff in error, vs. Thos.
Moorefield, etal. Equity. From Chat
tahoochee.
WARNER, J.
When D. sold and delivered a piano
forte to F., a married woman, and took
her note for the price thereof, and after
wards filed his bill on the Equity side
of the Court for a redelivery of the piano
to him or payment of its value, on the
ground that the note given therefor was
void. Held: That a general demurrer
to the bill, for want Equity, was pro
perly sustained by the Court below.
Judgment affirmed.
E. G. Raiford for plaintiff in error.
Jno. Peabody, D. H. Burts for de
fendant.
E. Ann Lewis, plaintiff in error, vs. A.
M. Christian etal. Equity from Chat
j tahoochee.
WARNER, J.
; Where a contract was made between
the owner of a plantation and her ten
1 ants for the cultivation of the same, on
i terms and conditions stated therein;
and to equally divide the crop made
, thereon between them, and in conse
quence of the bad management of the
defendants and their failure to perform
their part of the contract, the owner of
the land was damaged fifteen hundred or
two thousand dollars, or more than
all the cotton made on the place was
worth; that they ought to nave made
thirty bales of cotton whereas they
made only twelve; that they ought to
have made eight hundred bushels of
of corn, whereas they made only two
hundred. On a bill being filed by the
complainant, alleging the foregoing
facts and the insolvency of the defend
ants, for the purpose of restraining the |
defendants from removing their share
of the cotton from the place until i
the damages sustained by the com
plainant could be ascertained and de- l
creed to be paid.
Held: That on a motion to dismiss :
the bill for want of equity, the court
erred in sustaining the motion and dis
missing the same.
Judgment reversed.
D. H. Burts, John Peabody for plain
tiff in error.
E. G. Raiford,M. J. Crawford for de
fendant.
OITBAGES IN GEORGIA.
Terry and Bullock are manufacturing
outrages to suit the present position of
affairs. The military, under the con
trol of the infamous Chap. Norris, have
created great disturbances in War
ren county. Labor is demoralized,
citizens have been arrested and incar
cerated, and many people are leaving
their homes.
The military are also busy in Chero
kee Georgia—the home of “loilty.”
We find in the Rome Courier of the 18th
inst , the subjoined account of the affair
in Chattooga county. The Atlanta
Constitution says the whole matter was
fixed up in Atlanta, and for a purpose.
The Courier says:
Judge Kirby arrived in Rome yester
day afternoon. We immediately called
upon him. We found him somewhat
pale and haggard, but calm and collect
ed. We commenced upon him.
To various questions he answered as
follows:
I went to Atlanta to see whether I
would lose my Judgeship or not, and
while there asked Gen. Terry not to
send troops to Chattooga.
He said he was obliged to. A negro
had been there and asked for these al
ready. This negro was a Northern
Methodist and had been threatened by
Chattooga men.
I was sick all the time while in At
lanta, and when I got to Rome was still
sick; I laid over in Rome that night and
the next day a tquad of Y aukees came
to Rome.
I didn’t want to goto Chattooga with
them, for fear the people would say I
brought them, but having a strong aver
sion to being away from home when
sick, went. Told my wile that I was
afraid they would suspicion that I
brought the Yankees.
Next morning my son came in and
told me that Lewis Akridge had been
arrested. “Who was Lewis Akridge?”
“He was one of the party who went to
Taylor’s house and scared his wife so
that she had spasms from which she has
not recovered.”
“Why did they go to Taylor’s house
and threaten him?” “Because he had a
negro overseer that they hated, and
wanted him turned off”
“Are you certain that Akridge was
in this party.” “No, sir; but when
Taylor called the name ot Akridge he
was answered from the crowd.”
“Was Akridge arrested by civil au
thority, or by Gen. Terry’s?" “Gen.
Terry’s, I suppose.”
“Did the Federal officer have orders
for the arrest of any other men?” “I do
not know. Many men came to me and
ashed if he had orders for the arrest of
their own sous, and everybody was
afraid that their friends were included
in the order lor arrest. During the day
there was much talk about punishing
me for bringing the Yankees to arrest
Akridge, and I told my friends that I
did not believe it would be sale for me
to stay at homo that night, and that I
believed I would go off. They laughed
at the idea, and said that no man in the
county would hurt me. Their laughing
at me so, was the reason 1 stayed.—
When I went home that afternoon I
told my wile that I Lad better leave.
She laughed and said, ‘lf they come,
Judge, me and Mrs. Hewett will defend
you.’ After this I determined to stay,
but told my wife that they’d try to ex
tricate Akridge, and get me in trouble
by being mixed up in it. After supper
I went down to Cleghorn’s store, and
while there pistols were fired in all
parts of the town, and I saw one young
man fire direct at the jail twice.”
“Do you know who this was ?”
(We are not certain as to the Judge’s
answer to this.)
“What time was this ?” About nine
o’clock. I then went back to my house
and as soon as I got there, negroes came
on, bringing most alarming accounts of
the tlireatenings of the armed men, and
represented that they were coming to
gel me. My wife become alarmed, and
asked me to go and hide. I refused to
do so. About 11 o’clock they commenc
ed kicking the doors, and at length
kicked the door down.
1 then, at the entreaty of my wife,
hurried up stairs, and went into the
backmost room of a suite of rooms, and
sat there shivering almost to death.
“Did they threaten to take your life?”
No, sir, but when my son poked his
head out of the window, they immedi
ately snapped a cap at him.
“Do you think they took him for
you?”
Yes sir, as he is a larger man than I
am, and they swore they would have
me if they had to burn the house down.”
“Did you have any personal enemies
in the crowd ?”
“None, except one man that I knew
of. They told my wife to tell me if I
would come and go with them to the
jail and get Akridge out, that they
wouldn’t hurt me, but if I didn’t they
would burn my house down to get me.
I came then and put my head out of the
window and talked to them. My son
had bean guarding the narrrw steps
with a double barreled shot gun, and
had said he would kill the first man that
tried to come up. They told me to come
out. I told them I would not; I had as
live die there as anywhere, and I would
not give a quarter for my life anyhow.
They said they didn’t want to hurt me,
and if I would go with them to get
Akridge out they wouldn’t hurt me. I
told them I’d go.
When I got to the Baptist church I
sit down and told them I wouldn’t go
any further, and asked them to bring
their Captain to me. They went into
the thicket and came back headed by a
disguised man, who told me to go to the
jail and tell the Lieutenant that they
must have Akridge.
“Were the Federal soldiers in the
jail?”
Yes sir, with the muzzles of their
muskets pointing out at the holes, and
they had already shot at these disguised
men many times. I went as near as I
dared, and shouted that I was Judge
Kirby, and that I wanted to see Lieu
tenant Smith. I was accompanied by
H. D. C. Edmondson, my Clerk of
Court.
“The Lieutenant came at last, and I
told him that I was in the hands of a
disguised multitude, and that unless the
prisoner was released, they would deal
harshly with me. He said that he was
obeying orders, and that it would take
a multitude to get the prisoner. He
then asked how many there were. It
was my intention to make him think
the crowd was large as possible, and I
told him about 100 to 300. He said
they couldn’t begin to take the prisoner
with that number. He said he would
meat the Captain of the disguised men
and parley with him. I then told him
he had better release the prisoner, for
safety depended upon it.
“Why didn’t you go into the jail with
the Lieutenant ?”
“I had given my honor that I would
return to the disguised men, and they
would have burnt my house down if I
had not. The Lieutenant and Captain
were brought together, and the Lieu
tenant said he wouldn’t release the
prisoner until he had seen the disguised
men. These then aligned themselves
by the edge of the thicket, and the Lieu
tenant went and looked at them, and
passed up and down the line; he then
came back and released the prisoner
solely to protect me.”
“Do you think it was a regularly or
ganized band ?”
“I do not know; they obeyed orderß
like they were.”
“Do you think they were citizens of
the county f”
“I think all of them were citizens of
the county, and many of them Summer
ville boys.”
M. & E. Railroad. —Fifty freedmen
were brought down on the M. & G. R.
train Saturday evening last. We un
derstand they are at work on the grad
ing of the above road, commencing at
this place, and working the road a dis
tance of three miles towards the present
terminus. It is said that a distance of
three miles on this road, commencing
here and extendding in the direction of
Fitzpatrick’s, will consume more time
and money in itß construction than the
same distance anywhere between here
and Montgomery. Union Springs
Times.
TELEGRAPHIC.
By Telegraph from Europe.
Paris, Jan. 20.—Belgian journals
seized on the frontier.
Ten thousand workmen have struck
at Creuzot. President Schneider, pro
prietor of the works at Creuzot, has
gone there.
Madrid, Jan. 20.—Serious disturb
ances at Baltansas. The mob attacked
the municipal authorities, when troops
interfered, quelling the riot.
Prince Enrique, of Bourbon publici
ty, accuses Prim of having conspired
with Isabella.
Paris, Jan 20.—The new cable in in
terest of the French-American cable
has been successfully laid between
France and England.
From Atlanta.
Special to toe Dally Sun.
Atlanta, Ga., Jan. 20.—1 tis be
lieved here that the dispatch is correct,
and that Harris will be deposed and the
House organized Monday.
Terry has not yet received the official
order from Grant. It will probably
come by mail.
The Commission is acting with more
celerity. The evidence in the cases of
eleven members of the Houses was
taken, when it adjourned till 11 a. m.,
to morrow. Cato.
From Washtnglou.
Washington, Jan. 20.—The follow
ing republicans voted nay on Edmunds’
amendment yesterday: Ferry, Fowler,
Kellogg, Norton, Ross, Stewart, Trum
bull and Vickers.
Rhode Island has presented Congress
with a statue of Gen. Nathaniel Green,
which will be unveiled to-day, Anthony
delivering the eulogy.
House.— Two thousand citizens of
Utah petition for a State government.
Committees done nothing.
Butler, in a conversation with Zaph
Turner, Speaker of the Virginia House
of Delegates, said if the Senate bill did
not suit him he would have the hill re
committed when it came to the House.
Butler is indignant at the passage ol
Bingham’s bill by, as he terms it, a
snap judgment during his absence and
a thin bouse. He will snap back.
The American Colonization Society
visited the President to-day, who ex
pressed sympathy with their views and
motives.
Treasury books show receipts light
anil expenditures heavy, as compared
with last tour months.
Coin in Treasury $53,000,000; gold
certificates $50,000,000; currency $6,
000,000.
The friends of Virginia are very down
in the mouth to day.
A dispatch Irom Jackson announces
the election of Revell, said to be a i'uli
blooded negro, for the short term end
ing 1871; Ames for the term ending
1873. and Alcorn for the term ending
1875;
Senate —Virginia resumed.
The following is Wilson’s amend
ment, which was defeated without a
division: “That the constitution ot
the State shall never be so amended as
to deprive any citizens or class of citi
zens of the United States of the right to
vote or hold office who are now enti
tled under said constitution, except in
punishment for crime; nor exclude from
service as jurors, any person on account
of race, color or previous condition of
servitude.” The amendment was not
agreed to.
Drake renewed the amendment pre
viously offered by him, admitting Vir
ginia to representation on the following
conditions: “That the State constitution
shall never be changed to deprive any
citizen or class of citizens of the right
to vote, who are now entitled to vote,
except in punishment of such crimes as
are now felonies at common law, where
of they shall have been duly convicted
under laws equally applicable to all in
habitants of said State; provided any
alteration in the State constitution,
prospective in its effects, may be made
in regard to time and place of residence
of voters.”
The argument on Drake’s amendment
was continued at great length, Senators
displaying much contradictory histori
cal knowledge regarding the terms and
conditions whereby Virginia alienated
the Northwestern territory.
Several opponents of the amendment
were driven into its support by legal
historical quibbles.
The Senate adjourned at 5.30 with the
understanding that the vote be taken to
morrow at 4 o’clock.
House —Bingham introduced a bill
making it an offence punishable with
fine and imprisonment for any person
to propose the repeal or ratification of
auy proposed amendment to the consti
tution.
A preamble and resolution was intro
duced declaring the absence of constitu
tional authority to acquire territory
without consent of the House.
League Island bill resumed.
Dawes and Schofield had a sharp con
troversy involving political mutual ve
racity and honeßty.
House passed the Military Academy
bill. Balance of the day was consumed
by the committee on printing.
Adjourned.
From Cnbi.
Havana, Jan. 20.—Seward was sere*
naded by the troops; and several thou
sand people assembled. Seward com
plimented the people on the improve
ments they had made since his former
visit. All nations, he said, were inter
ested in the permanent peace and pros
perity of Cuba. I pray God this pro
gress may continue, and peace and
harmony be restored to the Island.—
Referring to Spain, he expressed a hope
that the political situation of the coun
try that was the most ancient ally of
America would result in a safe, happy
and speedy issue. Seward’s remarks
from beginning to end were strictly
non-committal, in matter of insurrec
tion.
Ten of the gunboats that recently ar
rived frem New York have gone to sea.
Destination unknown.
From Mobile.
Mobile, Jan. 19. —The British ship
Indian Chief, from Cardiff, with rail
road iron, previously reported ashore
on the outer bar, went to pieces yester
day, broken in two. The crew were
saved, and 350 bars iron.
The American ship Mermaid, Capt.
Coward, cleared for Pensacola on 14th
inst. by A. J. Ingersoll & Cos., went
ashore on the west bank of the outer
bar yesterday morning. Efforts were
made to pull her off, but failed. She
will be rescued.
From Virginia.
Richmond, Jan. 19. —The represen
tatives of both the Republican and Con
servative parties have united in prepar
ations for a public demonstration on
the day of the State’s admission. A
joint committee has applied to the
Washington authorities for the loan of
cannon for firing salutes, and the appli
cation has been granted.
Gen. Canby to-day directed James
C. Taylor, the Attorney General of the
State, elected last Summer, to assume
the duties of that office, his disabilities
having been removed by Congress.
From Blcbmond.
Richmond, Jan. 20—A detachment of
U. S. artillery arrived here to night
from Fortress Monroe. They were sent
by government authorities in compli
ance with an application of the citizens
for artillery to fire a salute on the ad
mission of the State. They were march
ed to camp to await the event, their ar
rival in view of the action in Congress,
being rather premature.
From Auscuntn.
Augusta, Jan. 20.—Several citizens
arrested by the military in Warren
county, for alleged offences committed
several months since. Considerable
alarm exists. Many persons reported
fleeing from the district where martial j
law exists.
From New York.
Albany, Jan. 20.—Resolutions were
introduced to day in both the houses
against treaties acquiring territory
without the approval of the House of!
Representatives.
From Chicago.
Chicago, Jan. 20. —The Senate rati«
fled the Fifteenth Amendment yester
day. The House votes to-day.
From Ohio.
Columbus, Jan. 20.—The House i
discussed the Fifteenth Amendment
yesterday and votes to day.
From the Atlanta Constitution.
THE aiUI'AKY COMMISSION.
In the proceedings published yester
day morning, the testimony of Senator I
Winn was omitted.
Senator Winn testified that there was
no contract between himself and the
Confederate authorities to furnish beef.
They impressed his market house and
hands at the butcher pen and allowed
him at first $3 per head, and afterwards
as much as they choosed. He had no
option in the matter. He did not vote
for secession, but opposed it. lie never
engaged in the rebel service until con
scribed. Went to Chattahoochee bridge
because a raid was expected. He was
a duly registered voter, and served in
the Senate during the past two sessions
of the Legislature. lie voted for the
14th and 15th amendments.
SECOND DAY’S PROCEEDINGS.
The Board met at a few minutes after
ten o’clock, this morning. Attorney
General Farrow asked for subphoinas
in the ease of Senator Wellborue, to be
directed to W. F. Wright, J. E. Brown
and J. D. Pope.
Attorney General Farrow announced
that the case of Senator Wellborn would
first be taken up.
Coi. Lester asked for a copy of the
charge and specifications in the case.
Attorney General Farrow, with an
air of great pomposity, replied that he
had filed them with the Board, and he
presumed that the counsel could see
them. He found that when he had the
witnesses in the court room ready to
prove a fact, the counsel on the other
side were ready to admit it.
Judge Clark said he repudiated the
direct attack upon the counsel. It was
not true, and entirely out of order.
The Attorney General here blurted
out: “I did not say that it was unpro
fessional,” and craw fished out.
The court checked it with a single re
mark.
Attorney General Farrow then read
the charge and specifications against
Senator Wellborn. His offense was
holding the office of State Librarian, in
1858, and afterwards engaging in the
rebellion.
Attorney General Farrow asked the
Court to grant him leave to have the
testimony printed in each case, or get a
copy from the Stenographer.
The Court refused, because they slat
ed they had no right to grant it.
The Court, however, consented to
permit counsel to join together in a re
quest to Gen. Terry for copies of the
evidence to facilitate them in making
their argument.
Judge Clark thought the whole pro
ceedings should be published daily.
Counsel for Senator Wellborn plead
“Not Guilty,” and to the jurisdiction of
the Court.
Attorney General Farrow presented
the certificate from the Executive De
partment, setting forth that C. J. Weil
Dorn held the office of State Librarian
in 1858. Received.
Judge Joseph E. Brown deposed that
he did not know of any over acts com
mitted by Mr. Wellborn during the war.
At the commencement of the war he
was Slate Librarian. Can’t recollect
how long he remained in office, but it
was most of the time. Don’t recollect
any admission by him that heparticipa
ted in the war.
Judge Brown shown copy of Execu
tive order, appointing Mr. Wellborn
Librarian, in 1858. Judge Brown said
he had no doubt it was a correct copy.
Coi. Lester asked Judge Brown if the
State Librarian was an office prior to
the adoption of the code in 1863. Far
row objected because the law specified
what an office was. Judge Clark said
that until the code went into effect the
State Librarian was a mere servant in
charge of the books. Judge Brown,
The Librarian was in my department
and under my control. Considered
Librarian and Messenger equally as
much officers of the Stale, but not legal
ly an officer in either case. In my
opinion, under the Constitution of the
United States, the amendments and the
Reconstruction Acts, the State Librari
an was not an officer.
In my opinion it was not an office un
der the law of Georgia. Judge Brown
stated that he would like to give his
reasons at length, but the Court object
ed. Wr. Wellborn was not commis
sioned in 1858, nor did he take an oath.
No time was affixed for his service, but
removable at my pleasure. The posi
tion of Librarian was like that of State
House Guard.
Col. Lester then submitted a question
in writing as to whether the positions of
State House Guard, Keepers of Furni
ture and Messenger, were not subject to
the same rules as to appointment, pay
and removal, as that of Librarian.
The Court retired for consultation,
and, upon returning, announced that
they would not permit tho question to
be put.
Mr. Wellborn did not hold the posi
tion of Librarian after 1863. He held
the position from 1858 to November,
1861.
William F. Wright testified that Mr.
Wellborn, during portions of the years,
1861-62, acted as quartermaster of the
State troops. Ho was assigned to my
regiment in that capacity. The regi
ment was stationed at Savannah.
The regiment never went into a fight
—was stationed in a plain, and never
marched up a hill and down again—
drew and ate their rations regularly con
suming what ought to have gone to the
Confederate troops—drilled and had
dress parade occasionally.
Attorney General Farrow announced
closed.
Defense announced that they had no
testimony to offer, save documentary
evidence.
Court took a recess for half an hour.
The Court reassembled promptly, but
Attorney General Farrow was absent.
He returned in the course of ten min
utes, and announced that Senator A.
W. Holcombe’s case would betaken up,
and read the charge and specifications.
The substance of the charge is that he
held an office in Greenville District, 8.
C., which required him to execute the
patrol laws, and the office of Marshal of
the city of Marietta, in 1852, and made
speeches in Cobb county, and volun
teered.
Col. Lebter found no objection to the
specifications, except to that part rela
tive to holding office in South Carolina.
The Court sustained the objection
and ordered the Attorney General to
state specially the office held by Hol
combe in South Carolina.
Defense filed the same -pleas as in
other cases.
The Court then adjourned until half
past 2 o’clock, p. m.
EVENING SESSION.
Mr. 8. W. Phillips, Representative
from Echols county, being included in
the list of members of the House cltarg
ed with being ineligible, wished to make
a statement in his case.
The Attorney General had no objec
tion, and the Court granted Mr. Phil
lips permission to make a statement in
writing and hand it in.
In the case of Holcombe, the Attorney
General amended his specifications by
inserting Militia Captain in South Car
olina.
Bluford I). Smith testified that he
lived some four or five miles from Hol
be, in South Carolina ; he was call
ed Captain ; saw him muster men ; have
mustered under him myself; don’t
know whether he was Militia Captain ;
don’t know whether he held the office
of Militia Captain or not. This occurr
ed in Pickens District, South Carolina,
either in 1836, 1837, or 1838.
Don’t know whether he was elected,
commissioned or detailed as Captain.
It was in the cavalry arm of the ser
vice. It was a volunteer company.
Don’t know that he even exercised the
duties of a Captain of a beat company.
Witness was a member of the company.
Never had anything to do with the Pat
rol Laws.
Counsel for defendant admitted that
Holcombe was Marshal of Marietta in
1863.
Dix Fletcher deposed. Counsel for
defendant admitted that he had aided
and participated in the “rebellion” to
the extent of his ability. Dr. John G. j
Westmorland testified that he had two
conversations with Holcombe. 110 -i
combe said he was Captain of a cavalry j
in South Carolina.
The case here closed.
George 8. Thomas, Farrows’ maid of
all work, was announced on Saturday,
as associated with him in these cases.
The absence of Judge Bingham was
noted yesterday, and the question was
freely: *, has the salt lost the savor.”
In the case of Senator W. J. Ander- j
son, Attorney General Farrow charged
him with being a notary public in the j
year 1860,and aided and abetted the rebel
Col. Lester, for Mr. Anderson, admit
ted that he acted as notary publcc though
never qualified as such, and admitted
aiding and abetting the rebellion He
was appointed notary public to aid in
conducting the affairs of a bank.and
never sworn. 1
Here Attorney General Farrow an
nounced that he would rest the case
Col Lester in behalf of the Senators
offered in evidence the order of General
Meade, proclamation of Gov. Bullock
convening the Legislature, tho convcn
ingot the Legislature, the taking ol the
oath prescribed by the bill, and the
oath to support the Constitution of the
United States and the State of Georgia
and the journals of the first Legislature’
showing the appointment of a commit’
tee on eligibility who reported these
Senators to be eligible, that they had
taken part in the confirmation of officers
nominated by the Governor, the vote
on the ratification ol the 14th and 15th
Amendments, and acquiescence in pro
visions of tho Omnibus Bill, date of so'
cession ordinance, meeting of Conven
tion, seizure of Fort Pulaski, etc.
Attorney General Farrow’annoiinced
that be had no further evidence to sub
mit, but would send in with his aigu
ment, references to statute laws, etc
Attorney General Farrow announced
that he could not be ready with his
argument until to day at 2 o’clock.
Counsel for defendants stated that
they could not be ready with their
argument until Wednesday morning at
10 o’clock.
George Hillyer, Esq., representing J.
I>. feorrels, ol Walton county, Represun
tative, asked that action on his case be
postponed until Thursday. Agreed to.
Court adjourned until Wednesday
morning, ten o’clock.
From the Atlanta Inielllgencer
GEORGIA LEGISLATURE.
SENATE.
Wednesday, Jan. 19, 1870.
Senate called to order by President
Conley, ut 10 o’clock, a. m.
Prayer by Wesiey Pretty man.
Journal read.
Senator Harris moved to adjourn till
Monday next at 12 o’clock.
The Senate then adjourned till Mon
day next at 12 o’clock, m.
house of rei’resentatives.
At 12 o’clock, m., the Hon. A. L
Harris, Clerk pro tern., called the House
to order. Applauise, of a very faint and
scattering character, followed this an
nouncement.
Rev. C. W. Francis opened the pro
ceedings with prayer.
The Chair announced another order
from the Governor, with Gen. Terry’s
endorsement.
The order was read by the Clerk. It
merely provided for the qualification ol
members present, who had not been
previously sworn; and furthermore, di
rected the Clerk pro tern, to declare a
recess until 12 m., Monday next.
Mr. Scott, of Floyd, desired the Chair
to inform him whether or not a dis
cussion of the foregoing order would be
proper.
The Chair was of opinion that such
discussion would be out of order.
Mr. Seott, of Floyd, tried it again,
and suggested that the Legislators of
Georgia were sitting there as the pup
pets of Gov. Bullock.
The Chair looked reproachfully and
appealingly at Scott, of Floyd, but that
imperturable Legislator proceeded to
give his opinion of these frequent and
unnecessary delays, and adverted to
tho enormous expense consequent
thereon.
"Just at this point the Chair declared
Sir. Scott to be out of order.
Mr. Scott then stated it as his opinion
that nothing was in order but “swear
ing,” and earnestly deplored the all
sence of Bill Arp's “cussing man.”
(He couldn’t do the subject justice.)
Mr. Rawls, of Effingham, came for
ward and took the oath.
The Chair then declared a recess un
til Monday; Jan. 24, at 12 o’clock, m.
ALABAMA LEGISLATURE.
Wednesday. —ln Senate, on call of
Districts, bills were introduced to
amend an act to authorize the towns
ami cities of the State to subscribe to
railroad stock. To amend an act ex
tending the time in which to open judg
ments.
Mr. Mabry, to declare Martha Har
well, of Barbour, a free dealer. Which
were referred.
Message from the Governor, showing
the result of the vote upon the proposed
annexation of West Florida. Vote in
lavor, 119; against, 2. Was referred
to Joint Committee of both houses.
Senate passed bills,to provide for rev
enue; to extend the provisions of Section
3736, and amend Section 1064 of the
Revised Code; to make valid the action
of the authorities of the town of Troy,
in subscribing railroad stock.
The memorial to Congress for the re
moval of disabilities, was made the spe
cial order for Thursday 12 m, and the
Omnibus bill, to which Committee on
Internal Improvement reported advers
ly, for Friday 12 m.
In House, Mr. Stiobach, from Com
mittee on Industrial Resources,reported
a substitute for the bill “to encourage
immigration.” The substitute provides
that a Commissioner shall bo appointed
to visit Europe, and make known the
resources of tho State, the salary of the
Commissioner to be $250 per month,
and seven thousand dollars be appro
priated to pay advertising and other
expenses. Made special for next Thurs
day, and 150 copies ordered printed.
Also, favorably to authorize the Com
missioner of Industrial Resources to
print 10,000 copies ot a map of Alabama
and to print 500 copies of an article on
the cotton plant, and to print 10,000
copies of an article on the climate, &c.,
the whole not to exceed SI,OOO.
House passed bills providing payment
of State bonds held in London be further
extended; to incorporate Midway, Bul
lock county; also passed Mobile school
bill—yeas 60, nays 20.
Thursday—Senate—Among the new
bills was one to authorize persons hold
ing claims against railroad companies
tor damages, to transfer such claims.—
The Senate bill to relieve persons
against whom decrees of divorce have
been granted, lies over, the adverse re
port of the Judiciary Committee having
been lost by yeas 12, nays 15. Com
mittee made a report on the Montgome
ry and West Point Railroad, which,
without being read, was ordered print
ed. A Special Committee reported in
favor of authorizing the Governor to buy
anew site for the penitentiary. Senate
passed bills to renew the charter of the
Grand Division of the Sons of Temper
ance ; to amend the law of appeal; for
the relief of Louisiana Lester, of Russell
county ; to prescribe the form of indict
ment lor retailing spirituous liquors ; to
amend an act incorporating the city of
Eufaula ; to authorize the Judge of Pro
bate of Lee county to affix the seal of
the Court of Probate, without affixing
the State stamps, ike., to the bonds of
the Opelika and Oxford Railroad.—
Amended so as to make the law general
in its application to all counties sub
scribing stock to railroads ; for the relief
of free school scholars and their parents
or guardians.
House—New bills to allow Probate
Judges to vacate sales of land; to pro
vide for removal of county officers ; to
prescribe license tax for lawyers; to
authorize any person to institute suits
or other legal proceedings, without hav
ing to pay cost in advance, were read
twice and referred.
Btrobach, from committee to examine
into the condition and management of
the M. & W. P. Railroad, reported fa
vorably on the management, conduct,
&c., of the road, but that the road was
doing a sufficient large business to keep
the road up to a first class standing.—
Certain negotiations are now pending,
which, when accomplished, will place
the road iu a condition beyond reproach.
Concurred in.
Also, reported in reference to the M. &
M. Railroad, that to some extent the
road was in good order, but much room
for improvement, which the committee
believes will soon be made. Recom
mend the indorsement by the Governor
of the first mortgage bonds of the M. &
M. Railrod. Report laid on the table.
An urchin of seven years went into a
barber-shop in Racine Wis., and.ordered
the barber to cut his hair as close as
shears could do it. He was asked it
his mother ordered it that way. “No,
said he; “but school commences next
week, and we’ve got a school ma’am
that pull’s hair."