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THE WEEKLY SUN. HoMAS r»K WOLF. THOMAS GILBERT. THOS. GILBERT & CO., rROPOIKTOr.B. TERMS OF SUBSCRIPTION. Once ’P.v> one yef' l- .. * 130 line copy. six molltt,s 1 OO CLUB RATES. pi ir ee c >i>ies, one year, to same post- V.itice at SI 40each 4 20 l, vl . eipieji, one year, to same post ,,lßee at SI 35 each 073 Tro cipies, one year, to same post li, • at $1 25 each 12 50 Fit een e .piej, one year, to name po?t •dice at stl 13 each 17 25 I' wenty copies, one year, to same post- at *1 each 20 00 Subscriptions discontinued at the expiration UUe pittances must he by registered letter ~ ..toilicc money order, otherwise at the risk of the sender. Address, Tiios. Gilbert St Cos., Columbus, Ga. ADVERTISING RATES: \ lvertiscmcntsinserted ntsl persquare (ten liHi*' or less, in small type,) first Insertion, and jill v cents each subsequent insertion. 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.