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THE WEEKLY SUN.
HoMAS r»K WOLF. THOMAS GILBERT.
THOS. GILBERT & CO.,
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Columbus, Ga.
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in.if to it ext rou less titan
Till: TAXI'S."
The above heading to an advertisement
which appears in a New Orleans Radical
paper, will astonish no one who is aware
u s the grievous taxation to which the peo
j,;,. „f Louisiana are now subjected. The
altachruenl, lately, of the office of the New
Orleans Picayune, and its advertisement
for sale, because tho proprietors refused
to pay a tax of over ten thousand dollars,
will servo as a case in point. It is a rate
of taxation beyond the yearly production
of the property taxed, and of coarse must
lie ruinous. The Mobile Register, notic
ing this advertisement, says that “the
farm lies convenient to all the markets of
a large city in the South, contains eight
squares of ground under picket fence, has
a large orchard of plum, orange and tig
fives, scuppernong grape vines, etc., of
choice qualities. This farm at a former
day ami time was tho source of a profita
ble income to the owner. Now it is an
expense to him. The cause is the effect
of Radical rule in Louisiana. The ad
vertisement appears in the New Orleans
Republican, ‘the official journal of the
State of Louisiana.’ It proves the la
mentable fact that the rule of Radicalism
in that State has destroyed tho value of
leal estate, in and around ono of tho most
flourishing and prosperous cities in the
South. It is the index finger of warning
pointing the people of Mississippi and
other States to the dangers which are
threatening them."
it is a warning to the people of Ala
bama and Georgia," as well as those of
Mississippi. Our near sister State is bal
anced on the very brink of unchecked
Radical rule, and if she topples over on
the wrong side her fate will be that of
Louisiana, South Carolina and Arkansas.
The New York Herald of the 6th inst.,
in its Financial Article, says that “Louisi
ana Levee sixes closed at 55 bid, and
Levee eights at 55@G0, while for Alabama
eights 15 was bid.” The last quotation of
(leorgia sevens which we have seen was
s't. This shows the difference, as regards
the credit of a State, when considered se-
curely under Conservative rule, and when
in imminent danger of the full supremacy
ol negro carpet-bag Radicals. Take the
quotations of the securities of all the
Southern States and compare them in the
same way, and you will find that their
value hears a close relation to the party
character of their governments.
What would be the financial condition
of Georgia to-ilay, and what the state of
her credit, if Bullock had continued iu
office until this time, with such a Legis
lature as he had ? Can any Georgian
doubt? And yet we bear the syren song
addressed by Federal officials to the peo
ple of the South, ' "Better attend to
your business and let politics alone!’
When the people of Georgia are beguiled
into such a state of indifference as that,
there can be no doubting their fate,
whether they' desorve it or not. They
have no more important “business” than
the keeping of tho Radical party' out of
power; and if the condition of Louisiana
and South Carolina does not convince
them of this fact, there is danger of their
rushing blindly to their own destruction.
“Farms to rent for loss than their taxes”
may bo their fate as well us that of the
people of Louisiana. A Louisiana paper
lately said, in urging the white people of
Texas to register for their coming elec
tion: “If the citizens of that State had
passed through what Louisiana has un
dergone, nothing short of a trace chain
or a good stout rope could keep back a
man from the registration books.” Let
us remember that Texas is not the only
Southern State that may profit by the
condition of Louisiana.
I TIMELY WARNING.
Borne of the papers of the northern
part of the State, having tlioir suspicions
aroused by the extensive purchases of
lands in the mining regions by capital
ists, are advising land owners to bo care
ful to whom they sell. This is sensible
advice, and it applies to other than min
eral lands. 'There the purpose is early
settlement or development, the State and
people will be benefittod by (ho sale of
lands to anyone. But if speculating
companies seek to acquire large bodies of
land merely to bold them for a future
advance anil money making, they could
not pass into worse hands. The stronger
the company in capital, the longer they'
will be enabled to hold them thus, and in
this manner retard rather than accelerate
the settlement of the State or the devel
opment of her resources. Let care, then,
he taken to sell the lands to settlers, or
to those who intend to go at once into
mining operations —not to speculators.
It would certainly he a great evil for non
resident speculators to hold large bodies
of land in the State and neither improve
or develop them themselves, nor permit
others to do it.
SOIIIIE UN PACIFIC It A It WA 1.
The Chattanooga Times of the '.*:h in
stant makes a statement confirmatory of
the report that Col. Scott, the great
Pennsylvania Railroad King, has obtained
control of the Southern Pacific Railroad
enterprise, and has borrowed the money
to bn;ld it. The Times says: “Mr. J.
M. Hines, of Tc-xarcana, was in the city
yesterday, and from him we gather the
following facts: Col. Thomas A Scott
has secured a loan of $100,060,000 in Lu
rope to complete the Southern Pacific
Railway. T his road will stretch from San
Diego, Cal . to New York, itid the uego
tion of this loan insures its completion
within the next three years. Mr. limes
represents at. present the Great Southern
mail route and Texas short line, compos
ed of all the railroads controlled by the
Southern Security Company, which com
pose the only all-rail, and the shortest
route from New York via this city to
all points in Texas.”
We cannot say that we lmil this intelli
gence with the unalloyed satisfaction
which it seems to give to some of our co
temporaiies. We have all the time been
fearful that this great road, when built,
would be mid'i" tlie control of Northern
men, and would be so managed as to
throw the bulk of its trade to Northern
ports. This can ho easily done, by a com
pany having a through line from San
Diego to New York, by its charging as
i:moh for transportation from the Pacific
to the Mississippi river as to New York or
Philadelphia. Os course, in that event,
height would go through on one charge,
instead of paying another charge to New
Orleans or Savannah. But the Southern
people are powerless to help themselves,
find wo cau only hope for the best.
I’rudder Dean,” saida colored elder to
l ls Pastor, ••can’t you preach once with
such talk bout lying and stealing, and
tfi'e us one dav of real comforting reli
gion ?”
VOL. XV.
TUE HANKS AX It Tin: FARMERS.
One of the great “monopolies” of the
country is the National Banking system,
with its exclusive right to issue paper
money. Whatever local accommodations
may he afforded by these institutions are
enjoyed to a far greater extent by the
North and East than by the West and
South, because in the sections first named
the National Banks are far more numer
ous. M e are not, therefore, surprised to
learn that tho farmers of the West are
striking at this monopoly, and demanding
either a resumption of specie payment or
a fiee banking system. If the reasoning
of the Comptroller of the Currency (in
tho paragraph which we copy below from
one of our exchanges) correctly represents
the position of the National Banks of the
East, their’s is an objection that could not
apply to specie-paying institutions, and
the reasonable inference is that a return
to specie payments would at once restrict
the volume of the currency to a whole
some amount, and at tho same time im
prove it.
Here is tho paragraph to which we re
fer, which may or may not be entirely
correct in its statements :
The I’atrons of Husbandry in the North
west have demanded that the National
banks shall surrender their exclusive
privilege of the right to issue notes to
circulate as money. To this the atten
tion of the Comptroller of the currency
has been called, and he states in a card
that from his information, he is of the
opinion that the majority of the leading
banks would oppose such repeal. The
reason for this opposition on their part
would not he so much from the fact that
the right to issue notes is a profitable mo
nopoly, as that tho repeal of the section
would authorize an over-issue of currency,
thus depreciating the value of their own
notes. The Comptroller does not think
that the special privilege of circulating
notes iu itself is considered by the banks
as specially profitable or advantageous.
Ho understands that they value the privi
lege on account of its relation to the gen
eral volume of currency.
HO II THE SOUTH IMS “CHEATED."
In a late interview, Mr. Davis explain
ed to a reporter for the Lynchburg, (Va.)
Republican the meaning of the word
“cheated,” as used by him in the cele
brated Montgomery White Sulphur
speech. The reporter asked for further
light upon that portion of his speech to
which Mr. Davis responds as follows :
“Had our leaders and soldiers even
dreamed of the evils now upon the South
ern States, as the result of Radical rule,
they would have protracted the struggle
until “rebels” became patriots. What
South Carolinian would not sooner have
died upon the field than live with a negro
Legislature, prostrated business and ruin
ed State ? What Louisianian would not
prefer following Longstreet in the field
to Longstreet as a tool in New Orleans ?
We were cheated, not conquered; and I
hope (o see the day when our principles
wi ll become as they once were, the prin
ciples of our Government—republican,
not imperial. States’ rights, not States
usurped; constitutional, not “higher
law.” Excuse me from talking longer, as
the few hours I have to spend here for
bid a protracted interview. I hope to
have sufficient leisure soon to complete a
work, which is as dear to my heart as its
contents may bo useful to coming gener
tions. My silence must not be interpret
ed into indifference, nor my retiracy into
supineness. The cause is not lost; princi
ples are eternal.”
This interview took place the day after
Mr. Davis dedived his speeeh. A few days
later ho returned to Memphis, where the
editor of the Appeal interviewed him,
asked the same question and elicited the
following response :
“Os course the idea conveyed by the
word “cheated” was that the people of
the South were deceived by assurances
given them by tho United States Govern
ment, through its officials, into the belief
that if they laid down their arms they
would bo restored to all the advantages
and privileges of citizenship which they
had previously enjoyed. The trials of a
long war has made all men desirous for
the ease of peace. It was thus alone that
the word could be fairly constructed.
Men bad been reared under the Consti
tution of the United States, and knew
how almost entirely their domestic in
terests were properly under the control of
the State, governments, would naturally
feel but little apprehensive of the exer
cise of powers by the General Govern
ment if they believe that Government
would be restrained within its constitu
tional limits.”
from the Indianapolis Journal, Sept. 4.
A MAMMOTH TO AX.
Considerable excitement was occasion
ed in railroad circles last evening over a
rumor to the effect that Thos. A. Scott
had secured a loan iu Europe for SIOO,-
000,000, for tho construction of the South
ern Pacific Railroad. Although the ru
mor could not be traced to an authentic
source, it received general credence from
the fact that the great railroad potentate
was known to be negotiating for such a
loan, and that such negotiations were un
derstood k> he about completed some
days since. Mr. Scott has been in Europe
several weeks effecting a settlement of
the old Fremont difficulty, and making
arrangements as above stated. The South
ern Pacific Road, when completed, will
open anew route of almost incalculable
value from the Atlantic to the Pacific sea- '■
board. The line proper will begin at \
Shreveport, Louisiana, which will be its !
eastern terminus, and will extend j
through the vast timber country of North- j
ern Texas, the finest in the world, through !
the entire length of New Mexico to San ;
Diego, California. Connections will be
mad aat Shreveport with a road running j
to New Orleans, and odc running to
Brunswick, Georgia, through Montgome |
ry, Jackson, Vicksburg, etc , thus making ]
almost an air line acioss the continent. ;
1 he road is built andiu opeiation for eon- |
strnction nearly three hundred miles
west of Shreveport, and the entire line will j
undoubtedly be built in a comparatively
short space of time. This is supposed to
be one of the grandest money-making en
terprises in the prospertive ever underta- j
ken in this Country, as the company has
purchased a large number of grants and
reservations along the line, and has un
der its control an enormous amount of i
landed property, which, when properly
developed, will prove of incalculable value
to the owners. A number of Indianapo
lis capitalists are interested iu this un
dertaking.
A MORTGAGE FOR ONE HUNDRED MILLIONS.
From the Philadelphia liemokrut.
The mortgage for one hundred mil
lion of dollars executed by the Pennsylva
nia Railroad Company to secure the bonds
issued by the company in order to carry
out improvements iu Pennsylvania and
other Slates was deposited on Saturday iu
the office of the Recorder of Deeds in this
city. The instrument is executed iu an
artistic style of ealigraphy,ttud is boundin
the finest Morocco leather. It resembles
the deed given by the State to the Penn
sylvania Railroad Company.
Georgia farmers appear to have heeded
the counsel so often given to planters iu
the cotton States, to grow their own corn.
This year 1,720,169 acres were planted in
cotton, and 1,791,468 acres in corn, show
ing a difference in favor of the latter, and
there are besides over one million acres
planted with other crops. — Atlanta Her
ald.
The above exhibit is gratifying, as far
as it goes. But we fear that returns from
the counties not included in the statement
would put cotton considerably ahead. It
is, at all events, comforting to know that
the State has produced a large corn crop,
for unfavorable accounts have been sent
from the Northwest, and we have no as
surance that corn will shortly be any
lower than it now is. So, if our judicious
planters .should find the cotton crop of
this year unprofitable, they are assured of
about one dollar per bushel for their
corn, and there certainly is profit in that,
this year of tine corn crops.
THE WEEKLY SUN.
GRAXGES IX RUSSELL, ALA.
A Farmer’s Defence of the Order.
Ed. Suit: Feeling that your readers
are interested in the great movement of
the farmers, which is creating such a
grand swell throughout- the length and
breadth of our land, I will state that a
very fine Grange of the Patrons of Hus
bandry was organized on Monday even
ing, September Bth, at Hatchechnbbee.
Ala., by Mr. \V. S. Gordon, who has just
been commissioned Deputy for the coun
ties of Russell, Lee, Chambers, Randolph,
Elmore, Coosa, Tallapoosa and Macon.
Gen. E. M. Law goes to the western por
tion of the State.
Granges have been organized at Glenn
ville, Seale, Crawford, and Hatchechnb
bee, and will be formed at Sandfort,
Hurtville, lichee and Oswichee. Thus
you see that old Russell is wide awake to
her interests. The intelligence reaches
us from every quarter that the movement,
is meeting with unparalleled success.
The people were at first suspicious, but
when they examined into its objects and
workings they found it to be the Farmer’s
Friend.
I am sorry to hear that some of our
merchant friends are taking grounds
against us in this move. I learn that
some of them are using every means in
their power to destroy and break down
this co-operation ot the farmer, which is
the only hope of our financial relief. This
spirit on the part of a few of our mer
chant friends, I repeat, we regret to see.
We make no war on them. Wa don’t try
to break down their combinations for
mutual protection. We are not opposed
to their Boards of Trade, their Chambers
of Commerce, or even their secret meet
ings, where they pass around the names
of all the farmers who have failed to pay
their debts.' If they have not these secret
meetings in which they make known to
each other the names of delinquent debt
ors, they certainly have a secret list or
register of such. Well, we fanners have
no objection to that; it is right and prop
er that they should do all in their power
to forward their interests. We only ask
that we be allowed the privilege of hav
ing our combinations. lam glad to no
tice that a great many of our merchants
are taking the proper view of this matter.
They see that the farmer will be benefited
and they know that the prosperity of a
country must depend upon the prosperity
of its agricultere. If the base crumble
the structure must fall. They see and
realize that we are now moving in the
right direction and that their opposition,
if they desired to oppose ns, would only
unite ns in firmer and more lasting bonds.
Farmer.
CHOPS IX STEWART.
Gref.n Hill, Stewart Cos., Ga., >
September 3d, 1873. >
Editor of the Columbus Sun: Thinking
that you would like to hear from the crop
prospects in our vicinity and other parts
of the county, I will give some items of
what I know about it. The corn crop
generally is an average one, both in point
of acreage and yield—some deficiency in
point of yield when not well cultivated
and the stand left too thick. The pea
crop will probably be an average of for
mer ones. The cotton crop is late, but
up to a few days ago bid fair to be an
average one with a late fall. But our
hopes for a good yield have been blighted
by the ravages of tho army worm or cater
pillar. They have been in different parts
of the county and in our midst for two or
three weeks, but without accomplishing
much damage until the last four or five
days. I have seen many fields that prom
ised a week ago a yield of one thousand
to twelve hundred pounds per acre, that
can’t possibly give a yield of more than
three to six hundred pounds per acre—
everything, from a half-grown boll down,
having been eaten up or trimmed so that
it cannot mature. They have been con
fining themselves to fresh and bottom
lands, but that kind of material being
about exhausted, they are now taking to
the old and hill lands, and are doing con
siderable damage to them—they being
quite late maturing this year. To give
you a better idea of what the caterpillars
are doing in some places, I will just relate
what a reliable gentleman reported about
one of his neighbors’ crops near Florence.
He stated that the crop two weeks ago
bid fair to give a yield of one bale to two
acres, and now he did not think he could
get one bale to every twenty acres. The
boll worms, too, are worse than I have
known them for a number of years. The
picking of cotton is about commenced,
and will be carried on tolerably rapid, as
it is opening veiy rapidly now. I think
where the worms have struck the cotton
(and I think they will strike about all
before they quit it) it will all open by the
middle of October. Respectfully,
A Citizen.
CROPS ABOUT SANDFORT.
Russell County, Ala., Sept. 8.
Editors Sun : As we farmers like to
see letters from different parts of the
country concerning the crops, I take the
liberty to write you a short letter concern
ing the crops in the vicinity of Sandfort,
and I wish to start at the time the seed
was planted. We planted cotton seed be
tween the first and tenth of April. We
had no rain to bring the plant up until
the first of May. Then we had continual
rains until the 25th of June, so much rain
that the grass could not possibly be kept
down. Until that time, the cotton had
grown but very little ; then we had fa
vorable weather ; nor did wa ever see cot
ton do better than the cotton did then,
when it was cleared of grass. It did
promise to make a good crop. Well, we
have had two weeks now of dry weather,
which seems to have stopped cotton from
making any and causing it to throw off
all the young forms which it has. Well,
now the caterpillar comes by the millions.
I was iu my cotton yesterday, and they
have entirely destroyed it; they are com
pletely eating up the leaves and the young
forms. I have shown iu the above that
oar cotton is late, consequently the worm
coming so early will cut off the cotton
from what it promised two week ago to
at least one-naif. 1 have received sever
al letters lately from friends in different
parts of the cotton-growing States, and
their leports of the cotton is something
similar to this. R. K. U.
There is trouble in the Radical camp at
Montgomery, Ala., where a State Senator
is to be elected to fill a vacancy. Holland
Thompson and Representative YV illiams,
both colored, are mentioned as candi
dates. We don’t know at whom the allu
sions in the following paragraph (which
we cut from the State Journal, Republi
can paper) are aimed, but we copy it
merely to show what kind of a scrimmage
is going on, and how the wool is flying :
The very mischief is to play with the
“colored” brethren. While some of the
self-constituted would-be leaders already
holding two and three offices, are clamor
ing for more offices, another who stands
high in the church is alleged to be a de
faulter of the church funds! And this
defaulter is a candidate of the office-hold
ers ring for the Senate of Alabama. The
would-be Senator is to have a final chance
to clear himself, to-day, and if he fails to
come to time, ho is already threatened
with a visit from the sheriff with a writ
for the books, and a capias for his body.
Lively time ahead and lots of fun.
“Sunday morning the residence of Mr.
Robert Burkett, in Bibb county, was
burned. No insurance.
COLUMBUS, GEORGIA, TUESDAY, SEPTEMBER 16,1873.
GEORGIA XEWS.
The Seaport Appeal states the amount
of yellow pine shipped from Brunswick,
during the late commercial year, at 39,-
076,783 feet, valued at $765,216.
On Tuesday last, near the line of Chat
tooga and Walker counties, John Long
shot and killed Blevins Taylor and attempt
ed to shoot Taylor’s father, but the latter
escaped. Long was regarded as a danger
ous man, having been once convicted of
murder andjsentenced to. death.,but was
then pardoned by Bullock. No provoca
tion by the Taylors is known. Long had
not been caught at last accounts.
The Catoosa Courier cautions tho peo
ple of Walker and Catoosa counties not
; to sell their lands to strangers except upon
condition that they improve or mine them,
and assist in the development of the conn
: tr y- Yery good advice, as its observance
may prevent large tracks of land passing
i into the hands of non-residents who will
long hold them unimproved for specula
tion.
The cotton crop of Murray county is
reported to the Catoosa Courier as “re
markably fine." Murray is a Tennesee
border county, and “away up in the moun
tains.”
The Courier also mentions a stalk of
cotton seven feet high and “eight or nine
feet in diameter” of its branches.
O Hara, the pedestrian, walked ten
miles in eighty-eight and a half minutes
m Atlanta, on Saturday. He had an
nounced that he would make it in ninetv
minutes. 3
The Atlanta Herald says that a Coving
ton (Ga.) minister refused to officiate at
the burial of an old lady last Sundav, on
the ground that “she was not a member
or liis church.
Me learn from tho same paper that
Misses badie and Nannie, daughters of
Mrs. Mary A. Carter, of Madison, died on
Saturday, the 30th ult., of congestion,
after suHering with bilious fever.
Ihe Carrollton Times, reporting the
appearance of the cotton caterpillars in
its county, expresses the opinion that
they will benefit rather than injure the
cotton up there, as the foliageds too thick
Probably they don’t know much about the !
caterpillar iu that county.
James Green, of Jones county, has been ‘
arrested on a charge of poisoning his
wife, who died on Sunday before last,
after taking medicine which it is said he
forced her to take. After the burial of
Mrs. Green, the suspicions of the neigh- |
bors being aroused, they searched Green’s !
house, and found a bottle of strichnine in i
-ns triune. He has been committed to I
jail.
| Friday next Las .been’ selected"as the
! fy for the celebration, by the people of
j Atlanta, of the opening of the Air-Line
Railroad.
The Thomasville Enterprise comes to
the conclusion, concerning the cotton
crop of its section, that though there is no
doubt about its being considerably cut off,
a tolerably fair crop will bo made.
The Atlanta Herald says that Gov. J.
M. Smith has been invited to attend the
mass meeting of merchants which takes
place in New York on; next Wednesday,
called in the interest of cheap transporta
tion, and to address the meeting. His en
gagements, however, will not permit him
to be absent so long.
A Mineral spring has been discovered
near Buford, Gwinnett county, the water
of which is said to rival that of any min
eral springs in America.
The Vindicator gives sta
tistics of Meriwether: Cotton, 37,364,
wheat, 4,251:4 oats, 7,137; corn, 27,864;
potatoes, 388; orchards, 2,015; sheep,
2,137; dogs, 1,2211; hogs, 6,824; horses
and mules, 2,439; cattle, 6,272.
Munroe Smith, a negro, charged by
Jackson with being his accomplice in the
murder of young Johnson, at Smithville,
was arrested in Savannah on Saturday,
and committed, to jail. He owned his
name, but made no confession. His ap
pearance and statements, however, were
against him.
Judge Pittman has appointed James D.
Collins Clerk of the Superior Court of
Fulton county to fill temporarily the va
cancy occasioned by the death of W. R.
Venable.
A woman named Annie Hamilton, in
Macon, killed her new-born child Sunday,
by tieing a string around its throat just
after birth. It lived a few moments after
discovery. Siie was wandering around i
Macon when a citszen allowed her to stay '
at his house the night the crime was com
mitted. The Telegraph learns that this
woman comes of a good family, and when
she married Hamilton some years ago,
she was worth fifteen thousand dollars,
and he was worth about as much. But
they ran through with it all, and then
their troubles came on, and have finally
brought about this tragic issue. She has
been arrested.
There are only nine persons in Augusta
who pay taxes on real and personal prop
erty of the value of SIOO,OOO and upward.
They are li. S. Dunbar, $162,300; estate
of A. Gould, $101,500; AY. H. Goodrich,
$101,800; estate of Isaac Henry, $115,-
950; John P. King, $130,000; estate of
Mrs. E. H. Molyneanx, $257,000, W. W.
Montgomery, trustee, $121,000; E Thomas,
$178,900; Mrs. E. H. Tubman, 502,500.
Two negro prisoners, one charged with I
stealing an ox, and the other with an
assault with intent to murder, effected
their escape from the jail of Stewart '
county on Saturday night before the last, j
On Tuesday the passenger train of the
Western ana Atlantic Railroad ran upon
an old negro woman, supposed to be deaf,
near Ackworth, and killed her; and on
the same train,near ViniDg’s, Mr. Arwood, 1
a track hand, fell from a car platform 1
down an embankment and broke his left
arm and right leg. His condition was I
supposed to be critical.
The Milledgeville Union gives an ac
count of a traveling“new light” preacher,
who claims to have an addition of about \
1,000 pages to the New Testament, added
by Christ himself in 1841-4 ! He claims
that Christ made bis second advent
(though not seen by mortal eyes) in 1840,
as predicted by Miller, and ihaf. the mil- j
lonium commenced then! He ought to .
hjjve been been put in the Lunatic Asylum :
while at Milledgeville.
Mayor Huff has informed the Macon
correspondent of the Atlansa Herald that
thirteen counties have entered for the
premium of one thousand dollars for the :
largest and best agricultural display, and
that seven military companies have ac
cepted the challenge for drill at the Slate
Fair.
The Pahlonega Signal, noticing the
promising condition of the cotton crop of
upper Georgia, says: “The cotton inter
est of Cherokee Georgia is assuming con
siderable magnitude, and with good crops
generally, good health, and the education- i
al advantages incident-, to our section, it !
will have the effect to cine the Western
fever more completely than a trip to Texas
or the bleak prairies of Kansas.
Judge King Stricken with Paralysis. I
—Col. S. K. -Johnson, Superintendent of
the Georgia railroad, was summoned to i
Augusta last night by a telegram, an
nouncing that Hon. John P. King. Presi- 5
dent of the Georgia railroad, was stricken
in his office, at 2 p. m. yesterday, with
paralysis. He was immediately carried
up stairs to Dr. Milligan's, and Dr. Dugas
and three other eminent physicians sum
moned. At last accounts Judge King was
no better.
This sad news thrilled through the city,
creating sadness in many hearts. It is to
be hoped that Judge King may recover
from this attack. He is one of the safest
and most prudent railroad men of the day.
He is a man of the most generous impulses,
unostentatious iu his benevolence, and
the Recording Angel knows how many
widows’ tears have been dried, and or
phans' cries been hushed, and poor men
given a start by his quiet charity. He is
one of the best informed men on any sub
ject in the State, and with an honesty as
marked as his determination and will.—
Atlanta Constitution, 10 th.
COLORED BROTHER STRIKES.
Charleston, Sept. 9. —Some excitement
was caused here to-day by a band of ne
gro strikers who have visited the princi
pal mills in the city and by threats of vio
lence forced the hands to strike for $2 50 |
per day. The employers declining to pay
this rate, the mills have been closed, and
nearly two thousand laborers are out of
employment.
FROM ATLANTA.
XILTOX MALOXE REFUSED A
XEW TRIAL BY THE
S UPREME COURT.
Hoyt Granted a New Trial.
PRESIDENT KING STRICKEN WITH PARALYSIS.
Special to the Sun.
Atlanta, Sept, j 9. —Milton Malone, of
Columbus, has been refused anew trial
by the Supreme Court. The decision was
unanimous. He will be re-sentenced.
H.„O. Hoyt,joUJ Atlanta, Contractor on
the State Road during the Bullock-Blodgett
regime, and sentenced to the penetentiary
on the charge of fraud, &c., was granted
anew trial by the same Court.
Judge King, President of the Georgia
Railroad, was stricken with paralysis to
day at 2 o’clock.
SPAIX.
Castellar’s Demands.
Madrid, Sept. 6. —In the session of the
Cortes to-day, Senor Castellar further de
manded, as conditions upon which he would
accept office, that he be empowered to in
crease the army, purchase five thousand
rifles, organize the militia and impose a
forced loan or be furnished means by
which he can obtain 500,000,000 reals to
meet the expenses of the war against the
Carlists and the mtransigente insurgents.
He also demanded authority to suspend
the constitutional guarantees. The Cor
tes unanimously voted to confer all the
powers demanded.
Madrid, Sept. B.—The Cortes to-day
elected Castellar President. He received
138 votes, against 67 for Pi y Margal.
Marshal berano has arrived in Madrid.
The leaders of the insurrection iu Car
thageua have sent a communication to
Admiral Yelverton protesting against the
sending of the Spanish frigates to Gi
braltar.
SPANISH XEWS.
j Barcelona, Sept. 8. —The Carlists are
threatening the town of Oiot, province of
! Seona.
Madrid, Sept. 8. —President Castellar
has determined to make a supreme effort
to crush the Carlists and iutransigente
insurrectionists. He has decided to call into
active service against the insurgents 75,000
! of army reserves and 50,000 of the militia,
j He believes that with this force it will be
I possible to establish order in the country
I before Spring.
The number of Carlist
withstanding their recent success, has
been considerably and
they are now capable of engaging in
unimportant skirmishes only.
Senor Aloseaga has arrived in this city,
andJSenor SagoataJ.is,.expeothd„ to reach
here to-day.
Madrid, Sept. 9.—There has been some
modification in the Ministry since its
announcement yesterday. Senor Berges,
who was first named for Minister of Jus
tice, has been appointed. Minister of Pub
lic (Works, instead of Senor Cerrenac,
and Senor Debrie has received the port
folio of Minister of Justice.
Gen. Martinez Campos Ims relinquished
the command of the Republican land
forces beseiging Carthagena and been
placed in command of the troops in
Holencia. Gen. Sadirde succeeds Gen.
Cuinpos as commander of the forces before
Carthagena.
Admiral Sir Hastings Yelverton,
commanding a British squadron in the
Mediterranean, has informed his Govern
ment that he will surrender the frigates
Victoria and Almanza, now held at Gib
raltar, if a crew of 500 men is placed upon
each vessel.
It A PE—MURDER—L YNCH LA IT.
Detroit, Sept. 7.— Peter Jeannet, the
father of the little girl who was abused
by Jas. Carrivan, in Muskegan, on Mon
day night, went to the jail to-day, and
obtained permission to see the prisoner,
and shot Carrivan in tht head. Jeannet
was arrested and admitted to bail. To
night it is feared the excited crowd will
force an entrance to the jail and finish
Carrivan, who is still living. The Gov
ernor has ordered a company of militia
from Grand Rapids in case of emergency.
The little girl died on Tuesday morning.
IRVING SWEARS HE .MURDERED
NATHAN.
San Francisco, Sept. 9. —Jno. Irving
has mnde a written statement to a detect
ive officer, in which he insists upon the
truth of his former statement, and will
swear to it before a Judge of one court
to-morrow. Lee will forward the state
ment to New York. Irving says that with
a proper guarantee for his safety in New
York he will produce Nathan’s murderer
and books taken from bis office on the
night of the murder.
THE SITUATION CHANGED.
New Y’ork, Sept. 8. —A Spanish corres
pondent writes that a short time ago a
Carlist force dared not attack the Repub
licans, and contented themselves by cap
turing trains and stopping mails; while
now the Republicans dare not attack the
Carlists and are satisfied with operations
in the rear of Don Carlos’ forces. Carlos
will not enter Castile until he has three or
four Castilian Battalions and plenty of
firearms.
BIG “RED MAX."
Wilmington, Del., Sept. 9.—A Great
Council of the Improved Order of Red
Men is in session here, with a large at
tendance, including the following chiefs :
Jas. P. Riley, Virginia, Great Sagamore;
Chas. Meacham, Junior Sagamore; Pax
son Coles, Ohio, Great Prophet; Joseph
Mars, Delaware, Chief of Records; Win.
Benson, M. D., and Great Potter of Wam
pum.
RADICAL INTOLERANCE.
Savannah, Sept. 9.—Simon P. Gaskins ]
and Jesse Lotto, respectable citizens of j
Coffee county, were brought here last |
night by a deputy marshal, charged with j
assaulting the postmaster and attempting i
to rob the postoffice at Douglass. The ’
examination before the U. S. Commis
sioner proved the fuss was a street fight
and the prosecution malicious. The per
sona were discharged.
RADICA L ASSESSMENT.
St. Louis, Sept. B. —The feeling against
Postmaster Filley for assessing his em
ployees five per cent, on their salaries
grows stronger daily. Many of the most
prominent and active Republicans de
nounce him in emphatic terms, and de
mand his removal.
YELLOW FEVER IX SHREVEPORT
Shreveport, Sept. 5. —Six deaths are
known to have occurred here to-day from
yollow fever. Only four new cases are
announced. The number of deaths is
believed to be much larger than reported.
It is thought the number is withheld to
prevent the spread of panic. Galveston
News.
FALL OF A BALCONY.
New York, Sept. 9.-*- While the Seventy
first Regiment was parading through
Fourth street, Williamsburg, this morn
ing, a balcony crowded with spectators
suddenly broke down. All were precipi
tated to the sidewalk. One killed and
fifteen seriously injured.
ASSASSINS EXECUTED.
London, Sept. 8. —The Spanish corres
pondent of the Standard states that five
men sent from Madrid to assassinate Don
Carlos have been executed at Estella.
The Republicans are casting guns for the
defense of San Sebastian.
BISHOP RECOGNIZED.
London, Sept. B. —A special from Ber
lin to the London Hour says the Prussian
Government has decided to recognize
Bishop Remkens. Baden and Bavaria
will follow the example of Prussia.
TEXAS CATTLE.
St. Louis, Sept. B. —The Texas cattle
drive to Kansas approximates half a
million. It is nearly closed for the sea
son.
INTERNAL REVENUE.
Washington, Sept. B.—The following
special order was issued from the Internal
Revenue Bureau to-day:
Collectors are instructed to see that
each Deputy Collector in charge of a di
vision is furnished with a book contaiu
| ing a record made up from the office,
i alphabetically, of a list of the names of
j all persons in his district who have paid
: special taxes for this fiscal year, including
those who paid such taxes to the Col
lector or to any of his Deputies; and each
Deputy should be required to keep the
record in his book so complete it can be
depended upon as a guide in determining
what persons in his division have paid
such taxes. Requisitions for books of
alphabetical list of special tax payers
• should only include a sufficient number
to supply the home office and such depu
i ties as are in charge of divisions. The
i Commissioner of internal Revenue de
cides that regular liquor or tobacco deal-
I ers holding special tax stamps, as such
! may close their ordinary place of busi
! ness for the time being, and on register
ing of the facts with the Collectors of the
District, may do business under said
stamp alone. A stand in the Fair Grounds
situated in said Department, without pay
ment of additional tax before opening
again at their regular place of business,
: should make anew registry with the Col
| lectors of the District.
MORE OF THE STORM.
Halifax, Sept. 7. —Additional particu
lars of the recent disastrous storm on this
coast have come to hand. It is estimated
that thirty vessels, with all hands, were
lost in the North Bay alone. Os this num
ber the names of only three American
schooners have been ascertained. They
are the J. G. Starr, Charles C. Doun and
Carrie Rich. The loss of property on
shore is immense. In Cape Breton those
farmers who have lost their barns will
Lave difficulty in saving their crops. It is j
feared there will be starvation among the j
fishermen, and it is probable that even !
among farmers who have sustained
heavy losses by the gale there will be i
suffering. The country will not get over i
it for years.
Along the Nova Scotia side of the Straits j
of Canso all the wharves between Port
Mulgrave and Sound Point are carried
away. About six hundred barrels of
mackerel were cast off the wharves at
Tort Mulgrave. There are wrecks of two
vessels at Black Rock Light, supposed to
be those of a brig and schooner, the lat
ter probably the Eureka, of New York,
before reported. No account of the crew
of either vessel has been received. A
child’s dress, a woman's shawl and a uum
ber,of, othei“articles,have Been washed I
ashore.
j Six vessels are reported ashore at Archat,
I some of which have been condemned and
i sold. Rivere Bourges, Cape Breton, also
suffered severely by the gale. Os the fleet
I of 18 fishing vessels anchored in that vil
lage, seven were dismasted, six damaged
and two (the Pink and Unicorn) lost, with
all hands. Both vessels had full car
goes of fish. Seventy thousand dollars
will not repair the loss in that parish.
Some thirty (buildings, principally barns
and!"outhouses were destroyed.
The schooner Bonnie Jean, lost on the
north side of Prince Edward’s Island
during the late gale, with all hands, sailed
from Port Midway about three weeks ago,
on a fishing voyage. Her crew consisted
of ten persons, all young men, and the
only supports of widowed mothers or aged
parents. Four young men belonging to
Antigonish Harbor were drowned in an
American schooner on the north side of
r Prince Edward’s Island. The schooner
was lost with)all hands, several of whom
had shipped at Strait of Canso and
Cape Breton ports. There are reports of
a number of wrecked and upturned ves
sels within the past few days. A large
white boat, bottom up, supposed to be
the cutter of the steamer Saltvale, was
seen on the 30th instant. Several aban
doned vessels have also*Been seen. The
gale was very heavy at Sable Island.
THE VICE PRESIDENT.
Special to the Louisville'Courier-Journal.]
Washington, Sept. 7. — It does not
seem to be generally known yet whether
Mr. Wilson’s health will he sufficiently
restored to permithis taking his place next
winter as President of the Senate. Unless
he puts in an appearance the Hon. Matt.
Carpenter will be President of that body.
The constitution provision that, in the
absence of the Vice Piesident, the Senate
shall choose a President pro tempore, was
construed by Mr. Jefferson to bold that
tlie office ceased after the recess of the
Senate; hut the precede;. J! go to show
that this doctrine has no! . cn held by
the Senate. The presence of Mr. Wilson
in his seat would, however, of itself va
cate Mr. Carpenter’s electron, and it
would clearly be competent for any one
Senator to move to go into an election.
Whether in view of tho act of 1792, de
claring the President of the Senate as
next to the Vice President in order of !
succession to the Presidency, the Senate
will order anew election, is a subject
that will vex the Administration caucus
at the beginning of the session, and prob
ably be decided iu favor of Carpenter’s
continuance in his high position. In
this connection there is authority for stat
ing that Chief Justice Chase held that the
act of 1872, declaring the President of
the Senate to Vie the successor of the
Vice President in the Executive office,
was utterly unconstitutional; and during
the impeachment of Andrew Johnson he
wrote an able argument in support of
these views, which appeared as an edito
rial of the National Intelligencer and at
tracted great attention.
THE BIG BALLOON.
Its Inllatlon Unsuccessful.
New York, Sept. 10. — The enormous
baloon has been visited by thousands. If
the weather is favorable the balloon will ;
he launched at six o'clock this evening.
The aeronauts expect to land in Europe j
on the morning of the second day.
LATER.
The ascension is postponed. The in
flation commenced at three o’clock this
morning; when a quarter filled it became I
unmanageable, and a hole of six feet was
cut in it by Maj. Donaldson. The safety
valves are said to be out of fix.
LATEST.
The arrangements for the inflation of |
the trans-Atlantic ballon were of the most
meagre character. Up to 11 o’clock Prof.
Wise had not appehred, and did not send
an explanation of his absence. It is now
accepted as a certainty that he has aban- i
doned the trip.
CA LIFORXIA IEGISI. ATV RE.
San Francisco, Sept. 10.—The Bulletin i
gives the following summary of the com
position of the next Legislature, viz: Re- j
publicans 44, Independents 36, Democrats !
40, total 120; necessary to elect a United
States Senator 61. Many of the Republi- j
cans recently elected are anti-liailroad and
in favor of Booth for Senator. Assuming \
that the latter will he supported by a part
of the hold-over Senators, his friends
claim confidently that his strength from
the start will be much greater than can
possibly be commanded for any other
candidate.
ASSASSINATION.
Monroe, La., September 10.—Judge L.
Cranford and District Attorney Arthur
H. Harris were assassinated in Franklin
parish, whjle on their way to hold court.
It is thought a personal, not political, dif
ference led to the assassination. Cran
ford was a Radical, Harris a Democrat.
Both leaves families. The murderers are
unknown.
BANK DEFALCATION.
New Y’ork, Sept. 10. — An examination j
of 320 pass books of the Hoboken Savings
Bank, shows a deficit of $113,000. There j
remains to be balanced 1,300 books. The ;
defalcation of Klenner, who recently ab- j
sconded, will probably reach $150,000. •
The bank owes depositors $1,300,000, and
will fall about $63,000 short.
MINE ACCIDENT.
San Francisco, Sept. 10.—The men '
supposed to have been smothered in the !
Lincoln mine have been taken out alive. '
They were shut up in the mine thirty-six
hours. Two of the men in the mine were j
drowned while trying to reach a shaft be- 1
foro’the water had been lowered.
THE MALONE CASE.
UNANIMOUS DECISION OF THE
JUDGES.
Decision of the Supreme Court, Deliver
ed September 9th.
Reported for the Constitution, by Henry Jack
son, Supreme Court Reporter.
Milton Malone vs. the State. Murder,
from Fulton.
WARNER, C. J.
The defendant was indicted for the mur
der of Frank Phillips, and put on his trial
therefor at the first term of the Court af
ter the offence was alleged to have been
committed and indictment found. Dur
i ing the progress of that trial, and before
. its termination,one of the jurors was taken
sick and a mistrial was ordered by the
I Court for that cause. During the same
term of the Court, (the Court being held
j for several weeks,) the case was again
' called up for trial, and another trial was
j had, which resulted in a verdict finding
the defendant guilty. A motion was made
for anew trial on the several grounds
! specified and set forth in the record,
I which was overruled by the Court, and the
; defendant excepted. When the case was
j called the second time for trial the defen
' dant made a motion for a continuance on
' the ground that the case could not legally
be tried again during the same term of
j the Court, that he was then too sick to en
gage in the trial, and also for the absence
of Emma Gilmore, a material witness for
him who had been subpoeued, and who
was present and testified on the first trial,
stated the material facts expected to be
proven by her, that when she was first
subpienad she resided in the county, but
did not state that she then resided in the
county, or where she resided, that said
witness was not absent by his consent or
procurement, that he expected to be able
to procure her testimony at the next term
of the Court, that the application was not
made for delay, but to enable him to ob
tain tho testimony of said absent witness.
There is nothing in the laws of the State
which prohibited the Court from proceed
ing with the second trial, as it did; but,
on the contrary, it was its duty to have
done so, provided the term of the Court
would extend to such a length of time as
would allow the trial to be had. As to
the sickness of the defendant, the presid
ing Judge certifies “that when the case
was called at the appointed time for trial,
it was stated that defendant was too sick
to come into Court. I summoned two
physicians who under oath disclosed that
defendant was suffering from the effects
of alcohol; that there was nervous de
rangement. I then passed the case for a
time, which wus indicated by the physi
cians. When he was again called on to
announce, this affidavit was presented. I
asked his counsel if his condition had
grown worse, and they replied that it had
not. I then asked them if they had any
thing further to offer in support of the
ground of alleged sickness, and they said
they had not. I was satisfied from all
that had occurred in open Court, that the
defendant was in a proper condition to
proceed with the trial.” This certificate
of the presiding Judge as to the sickness
of the defendant, disposes of that ground
made in the showing for continuance.
In relation to the absence of Emma
I Gilmore, it appears in the record that a
motion had been made by the defendant
on the lirst trial to continue the case on
account of her absence, and others, which
was overruled, and when that was done,
she did appear in Court and testify for the
defendant, and that testimony disclosed
facts which clearly indicate that her move
ments in coming from Chattanooga here
to testify were controlled by the friends
of the defendant; in other words, hes tes
timony clearly shows that her movements
in attending the Court were regulated by
the wishes of the defendant's friends.
She had left the State before the trial,
and gone to Chattanooga. When the
motion for a continuance was overruled,
on the first trial, she returned here again
in time to testify in the case in favor of
the defendant, and is absent again when
the case is called for Dial the second time.
These facts were all known to the Court
when a motion for a continuance was
made at the second trial. The presiding
Judge certifies that he had no doubt, from
all that had occurred before him in the
progress of the case, that the showing
was for delay only, and to avoid a trial.
Upon the former trial Emma Gilmore
was produced and examined, and the cir
cumstances of her absence, and the means
employed to get her to be present at the
trial are shown in her testimony. The
Court admitted her testimony, taken
down by the reporter on the first trial, to
be read in evidence in favor of the de
fendant on second trial. The argument
for the plaintiff in error is, that when a
defendant is indicated for a criminal of
fense, and a motion is made for a contin
uance at the term of the Court at which
the indicment is found on account of the
absence of a witness, and he complies
with the requirements of the 3,171 section
of the Code in making his affidavit for
such continuance, the Court has no dis
cretion under the law but to grant it.
This argument is entirely too apprehen
sive and proves too much as applicable to
the continuance of criminal cases or any
other class of cases, inasmuch as it would
deprive the Court of the power and au
thority to exercise its own judgment and
discretion, as to the continuance of any
criminal case, and make the defendant
the judge thereof under the law instead of
the Court. If the defendant swears that
the application for a continuance on ac
count of the absence of a witness is not
made for the purpose of delay, and the
presiding judge should see the witness
standing in the court room, according to
this argument, he would have no discre
tion to be exercised in refusing the appli
plication for . a continuance. This is
not the rule applicable to the con
tinuance of either criminal or civil
eases, as we understand it. The Superior
Courts are clothed by the Constitution
and laws of (he State with original juris
diction for the trial of criminal cases, and
the Judges thereof should have, and are
presumed to have, sufficient judgment
and discretion to make a practical appli
cation of the law relating to any motion
for the continuance of a criminal case
which may be made before them ; the law
devolves that duty uponjthem, and when
they have exercised their judgmet and
discretion in refusing a continuance this
Court will not control it unless that dis
cretion has been grossly abused. In this
case the defendant and his counsel knew
that the witness had left the State after
she had been first subpienad, and had re
turned to the State and testified on the
first' trial, and when they were notified
that the case would be tried again, it was
their plain duty to have applied for com
pulsory process to Lave compelled her
attendance, either to have had her retain
ed in custody to give evidence, or recog
nized for that purpose. They had ample
time to have done so, and they knew the
migratory character of the witneas; there
was an entire want of diligence in this
respect on their part. In view of all the
faets disclosed in this record we cannot
say that the Court below abused the dis
cretion vested in it by law in overruling
the defendant’s motion for a continuance.
In our judgment on this branch of the
case, we have left out of view altogether
the counter showing made by the State,
and have considered the motion made for
a continuance wholly independent of that
counter showing. There was no error in
overruling the defendant’s plea as to the
grand jury that found the bill of indict- \
ment. The certificate of the presiding
Judge states that all of the drawn grand
jurors did not appear, and that he filled
up the jury with tales jurors as provided
by the Act of 1869, aud the jury thus
made up found the bill. The Bth section
of the Act of 1869 declares, “that when
from challenge or from any other cause,
there is not a sufficient number of persons
in attendance to complete the panel of
grand jurors, the Court may order the
Sheriff, or his deputy, to summon persons
qualified as hereinbefore required, suffi
cient to complete the panel.” There
was no error in overruling the defendant’s
challenge to the array of jurors put upon
him by the State at the last trial. The
presiding Judge certifies that the cause of
the challenge contained in the first
ground of the motion record on the first
trial, and not on the ground that the last
ground contained in the motion was made
on the last trial, but as no proof was of
fered to sustain it, it was overruled. This
disposes of the technical objections and
exceptions made by the counsel for de
fendant, before the evidence in the case
was submitted to the jury.
NO. 32.
It appears from the evidence in the re
cord, that the defendant shot the deceased
in a house of ill-fame, at night, in the
i city of Atlanta, in the month of August,
j 1872. It does not affirmatively appear in
; the evidence that the defendant aud de
! ceased knew each other before they met
in that house that night, and we think it
to be a fair inference therefrom that they
were not personally acquainted with each
other, whether they knew each other by
sight only, is not so clear; both were
young men, deceased the youngest of the
two; deceased went to the house first, and
after a short time defendant came there;
the evidence is that both had been drink
ing and were somewhat excited by liquor.
It also appears iu the evidence that a short
time before the killing, defendant ap
plied to a saloon keeper who had his pis
tol, for it, and said as he put it in his
pocket, you will hear from me in fifteen
minutes. The distance from the saloon
to the house where the killing took place
is about three hundred yards. About
eight minutes thereafter defendant shot
deceased in the house to which he went. !
There is some conflict iu the evidence as j
to what was said by the deceased after
the defendant got there. The weight of
the evidence is that one of the women of
the house was near defendant and de- j
ceased wheu deceased put his hand on
j her and remarked to defendant, “you can
: not have her;” or, as one of the witnesses
states it, the deceased laid his hand on
the woman's shoulder and said, “Mr. Ma
lone you can’t have this girl.” Another
witness, Emma Gilmore, states that de
ceased put his hand on his hip and said,
“I will shoot, you son of a bitch, if you
touch my woman.” The evidence is pret
ty clear that the deceased was unarmed,
as no weapon was seen in his hands or
found upon his person after his death.
There is a conflict in the evidence as to
the position of the deceased at the time
of the shooting. Some of the witnesses
state that when defendant said he would
shoot his “God damned brains out,” de
ceased held up his hands and said, “let
him shoot.” Emma Gilmore states that
deceased had his hand on his hip at
the time he was shot, and said, “1 will
shoot, etc. The main question involved
in the investigation before the jury was,
whether, under the evidence, the defend
ant was guilty of murder or voluntary
manslaughter—did the evidence show
such a state of facts as would authorize
the jury to find the defendant guilty of
murder? Murder, as defined by our
Code, is the unlawful killing of a human
being in the peace of the State, by a per- !
son of sound memory and discretion, with
malice aforethought either expressed or j
implied—express malice is that deliberate 1
intention unlawfully to take away the life
of a fellow creature which is manifested
by external circumstances capable of
proof—malice shall be implied where no
considerable provocation appears, and j
where all the circumstances of the killing
show an abandoned and malignant heart.
In order to have reduced the killing of
the deceased, by the defendant, to the
offense of voluntary manslaughter, there
must have been some actual assault made |
j by the deceased upon the defendant, or
an attempt by the deceased to have com
mitted a serious personal injury on the
person of defendant, or other equivalent
circumstances to justify (he excitement of
passion and to exclude all idea of delib
eration or malice, either expressed or im
plied. Provocation by words, threats,
menaces, or contemptuous gestures, shall
in no case be sufficient to free the person
killing from the guilt aud crime of mur
| der. Now, if we take the evidence of
fered by the defendant in this case, as to
j the words, threats, menaces or gestures of
the deceased towards the defendant at the
j time of the killing, are the same sufficient,
under the law, to free the defendant from
the guilt aud crime of murder ? What
are they? That the deceased put his hand
on his hip, and said : “I will shoot, you
son of a bitch, if you touch my woman.”
j These are the words, threats, menaces
and gestures which, it is claimed, under
the law, will free the defendant from the
guilt and crime of murder in shooting the
deceased—only that, and nothing more.
I This Court will avail itself of tho present
occasion to announce to the public from
this Bench, with all the emphasis which its
judgment can impart, that provocation by
words, threats, menaces or contemptuous
gestures will in no case be sufficient to
free a person who kills another by shoot
ing him from the guilt of murder. The
law so declares, and it is the imperative
duty of the Courts so to administer it,
for the protection of society and human
life. Mere words, threats, menaces or
contemptuous jestures are ncrconsiderable
provocation in the eye of the law, aud,
therefore, malice shall be implied. We j
find no error in the refusal of the Court j
to charge the jury as requested, or in
the charge as giv. i, in view of the evi
dence contained in the record. The charge
of the Court, as to a reasonable doubt of
the guilt of the defendant, was in exact!
accordance with the ruling of this Court
in the case of Long vs. The State, 38th
Georgia Keports, 491. The doubt must
be a doubt pertinent to the matter in issue
on trial arising out of the evidence. The
charge of the Court that drunkenness
could be looked to, to ascertain and deter- :
mine the condition and state of the de- 1
fendant’s mind and to throw light upon 1
the inquiry whether there was malice was \
quite as.favorable a charge for the defend
ant as he had a right to expect under the J
law and facts of the case. Whether the
parties were strangers to each other, was
a question of fact for the the jury, and
if they were, the'law will imply malice
where one stranger kills another stranger ■
without any considerable provocation,
the same as if they were not strangers,
and there was no error in the refusal of
the Court to charge the jury in relation
to that question. There was no error as
to the polling of the jury, on tho state- !
ment of facts certified to by tho presid
ing Judge. When the jury brought i
in their verdict, defendant’s counsel i
requested to have them polled. The
Court directed the Solicitor General
to take the verdict and read it in the
presence of the jury, that being done each
juror was called and asked by the Court if
the verdict as read was his verdict,and each
juroransweredthatitwas. The complaint
is that the verdict was read to the jury by
the Solicitor General before they were
polled. The reading of the verdict in the
hearing of the jury was right, so as to
enable each juror to know what the verdict
was before he was asked the question if
he agreed to that verdict. It does not af
firmatively appear that the bailin' who at
tended the jury did eat or sleep in the
room with the jury, and the presiding
Judge certifies that he did not know that
he had done so. Jf such was the fact, it
was incumbent on the defendant to have
shown it by competent evidence, which
the record fails to disclose. There is suf
ficient evidence in the record to sustain
the verdict of the jury—they were the ex
clusive judges of the credibility of the
witnesses who were sworn on the trial of
the case, and there was no error in over
ruling the motion for anew trial on the
ground that the verdict was contrary to
the evidence, and the weight of the evi
dence, according to the repeated ruling
of the Court in similar cases. The fact is
the killing of the deceased by the defend
ant was not disputed on the trial, and the
killing under the circumstances as detail
ed by the witnesses, made him guilty of
the crime of murder under the law, or an
inferior grade of homicide, and they hav
ing passed upon that question, we cannot
say that their verdict was not right under
the law and facts of the case. The Court
did not err in overruling the motion for
anew trial on the ground of newly dis
covered evidence. The newly discov
ered evidence is merely cumulative,
and anew trial will not be granted
for newly discovered evidence mere
ly cumulative in its character. What is
cumulative evidence? Evidence is cumu
lative when it goes to the fact principally
controverted on the trial and respecting
which the party asking for anew trial
produced testimony on the trial of the
cause. Grubb vs. Kolb, 37th Ga. Eep. j
459. The newly discovered testimony of
Stokes relates to the same facts which
were controverted on the trial as to what
the parties said and did at the time of the
shooting, and the same remark may be
made as to the newly discovered evidence
as to the defendant’s having been drink
ing, there was evidence of his having
been drinking on the trial. If the newly j
discovered evidence had been introduced
on the trial, it is not at all probable that
it could have produced or that it ought
to have produced a different result under
the law. The plea of insanity was not re
lied on at the trial, and it is too late now
to fall back upon that defense after the ,
trial, when the facts now sought to
Ijsn if could as well have been user. ■ med
rbefore the trial, by the exercise ordi
nary diligence, as since the trial, if indeed
he was insane before the killing, which
the newly discovered evidence fails to es
tablish, and it does not show that he was
insane at the time of the killing. After
J a careful and laborous examination of the
evidence contained in the record, and the
several grounds taken in the motion for a
! new trial, we are all of the opinion that
the judgment of the Court below refusing
anew trial, should be affirmed.
Let the judgment of the Court below be
affirmed.
w - A. Hawkins, J. F. Pou, Gartrell A
Stephens, Hill A Chandler, D. p. Hill, for
plaintiffs in error.
i John T. Glenn, Solicitor General, S. B.
Spencer, Thrasher <fc Thrasher, for the
State.
RVTZER A Xl> WASRR CRN.
Spbkqueld, Sept. 8. —The latest count;
Washburn, 394-, Butler, 319; doubtful
and contested, 29. There are 359 delegates
yet to be elected. The Republican, con
siders >\ askburn sure of over a hundred
majority in the Convention.
Springfield, Sept. 9. —The reporter
says the caucus results to one o'clock this
evening, make Butler’s defeat in Wed
nesday s convention absolutely certain.
Tho present count is Washburn 513, But
ler 4 10, doubtful 45.
Boston, Sept. 9.—Chelsea sends ten
Butler and four Washburn delegates. A
ballot was made iu ward 6, after the reg
ular meeting, and a set of Butler delegates
elected. At midnight last night, the
count stood, according to the Journal,
, Washburn 567, Butler 392, doubtful 57,
with about 100 to be heard from.
I [Ben is “bottled-up " again.]
The ltepubUcau Convention.
Worcester, Sept. 10. —The Massachu
setts liepublicau State Convention will
meet at 11 a. in. to-morrow. All day long
incoming trains have been crowded with
delegates and prominent politicians from
all parts of the State. To-night the city
is lull of strangers. The State Central
Committee met early aud will probably be
in session nearly all night, hearing aud
deciding upon claims oi contesting dele
gations. T heir report will be presented
to the Convention in the morning. The
canvass just closing has been the most ex
citing that has ever occurred in Massa
chusetts. Gen. Butler arrived this after
noon at the Bay State House. The Butler
faction engaged the Mechanics’ Hall, the
largest in the city, for this evening, but
contrary to general expectations, no meet
ing was held, and the Hall has not been
opened. The Convention will organize
by the choice of ox-Governor Bullock as
Chairman; John I). Cogswell, Chairman
of Committee on Credentials, and ex-
Governor Ciailin, Chairman of the Com
mittee on Itesoiutions. Tho names of
Geo. F. Hoar and Charles Hale will be on
the committee.
Worcester, Sept. 10.—Loring called
the Convention to order. Gov. Bullock
permanent Chairman. A dense crowd
present. Hoar and Butler loudly cheered.
LATEST.
Butler was withdrawn aud Washburn
unanimously nominated.
TUE SEARCH OE THE POLARIS.
Washington, Sept. 10.—The Kecretary
of the Navy received the following to-day:
United States Steamer JoXiata,)
St. Johns, N. F.,
Sept. 10, 1873. )
do lion. Geo. M. llobeson, Secretary
of A 7 acy, Washington, J). C.:
The Juniata arrived to-day. Met the
tho Tigress at Upper Novik and coaled
her. She sailed Aug. 11th for Littleton
Island. The Tigress met the Juniata’s
steam launch, Lieut. HoLong, off Tew
suisk, who had been to Cape York in the
launch and returned. At Disco met the
Tigress again and coaled her, Aug. 25th.
Commander Green reports the camp
of the Polaris found, August 14th,
off Littleton Island, latitude 78.28,
longitude 73 deg. 45m. west. The crew
of tho Polaris were all well; had gone
south two months before in two whale
boats, made from the ship. The Polaris
sunk one month after. Kept a careful
lookout going north and coming south,
but no signs. Stopped at all the settle
ments, but no news. The crow of the
Polaris are probably on board of a whaler
from Cape York.
The Tigress left Disco August 25th,
for Labrador coast to continue the search
as long as coal and tho season permits.
D. L. Bkaine,
Commander U. S. Steamer.
The above dispatch was received from
Commander Braiue, commanding the Ju
niata.
Littleton Island referred to is about 60
miles north of Northumberland Island,
where the party rescued from the Polaris
supposed they had left her. It is a little
south of the life boat depot of Dr. Kane,
in 1553. The probability is that the Ti
gress party were mistaken as to the lo
cality of their separation from the Po
laris, and that it was really Littleton Is
land instead of Northumberland. It is
hardly possible that after the separation
the Polaris, in her disabled condition,
succeeded in any way in reaching a point
sixty miles further north.
It is understood that orders were sent
by telegraph to Commander Braine to
continue the search for the crew of the
Polaris.
ANOTHER COMPANY SUSPENDER.
New York, Sept. 9. —lt appears the
trouble in the New York Warehouse and
Security Company arose from relations
with two of its Directors. Frances Skid
dy, importer, of No. 101 Wall street, and
Sheppard Grady, of 60 Wall street, both
heavy sugar importers, were Directors of
the New York Warehouse aud Security
Company, and also Directors of the Mis
souri, Kansas and Texas Kailroad Com
pany, now in course of completion. They
had invested so heavy in this road and
warehouse that their large resources and
excellent credit could not carry them
through, and they therefore obtained loans
from the Security Company on stock and
bonds of the latter. Another corporation,
the Warehouse and Security Company,
however, had a large amount of paper in
circulation, which was about to mature,
and unless some of the loans which it had
made to Skiddy and Grady were taken
up they could not meet their obligation.
Frequent consultations were had, but
without satisfactory result, as the disor
dered condition of the money market, and
the fact that tho Kansas, Missouri and
Texas securities were not negotiable in
Wall street, precludes making loans in
other and less partial quarters. A meet
ing of the Directors has therefore been
called, and yesterday morning it was re
solved to suspend temporarily and call a
meeting of creditors on Thursday to take
action in the matter. Francis Skiddy, of
the firm of Skiddy, Munford A Cos., of
101 Wall street, are among the heaviest
importers of sugars in this city. Mr.
Skiddy has been identified with steam
boats, railroad and other interests for
many years. His has always been a good
name for financial strength. Sheppard
Grady is one of the firm of Sheppard,
Grady A Cos., of 60 Wall street. Neither
of these houses have suspended as yet.
THE BASK KO HUE Its.
Sx. Louis, Sept. 2. —A special despatch
from Sedalia says the lowa Kail road train
robbers who have been flitting about in
some of tho western counties of this State
are all together again except McCoy, and
that the detectives have information that
another bank robbery is being planned by
them to be carried out as soon as McCoy
joins the gang. All banks in that part of
the State are being closely watched by
special officers and efforts are being made
to capture these desperadoes.
The Republican, has a special from Jef
ferson City saying this gang is now in
Clay county, and is threatening to burn
out certain parties who have been active
in their efforts to arrest them. Governor
Woodson is reported to have declared
that if the local authorities and citizens
do not exhibit a strong disposition to ar
rest these outlaws he will send an armed
force after them.
HASHIXGTOH ITEMS.
Washington, Sept. 9.—President Grant
is expected between the 15th and 20th.
A special agent of the Postoffice Depart
ment at Warrington, Ya., is investigating
the charge that the Kepublicans have used
official postage stamps for franking polit
ical documents.
The Kepublicans carried Maine by
about 11,000. Their majority last year
was 16,537.
The fifteen million, five hundred thou
sand dollars awarded to this Government
at Geneva, was to-day paid into the
Treasury by Secretary Fish in one bond.
S l DDE\ DEATHS IX ATEAXTA.
Atlanta, Sept. 9. —T. L. Bnzby drop
ped dead yesterday of heart disease, on
McDonough street.
Willis Paine dropped dead this morn
ing on Peter street.