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The Daily Herald. THURSDAyT may 15, 1873. President Joseph E. Brown obtain possession | purpose. After bearing the evidence and the of his coal mine than he delivers his ultima- j charge of the Court, the jury found a verdict tion to Scofield: “Yon must use my coal, or j for the defendant. Amotion yas made for a new trial on the several grounds stated I'HK IIKKALD PUBLISH1.1U COMPANY. AUCX. ST. CLAIR-All KADIS, II AS IIY W. GRADY, Rdltor« and lUnatffru. It. A. ALSTON, lU* TERMS of the HERALD are aa follow* : DAILY. 1 Year $10 00 | WEEKLY, 1 Year...$2 00 DAILY, « Month*... 5 00 j WEEKLY, 6 Moutha 1 00 DAILY, 3 Months... 2 60 ( WEEKLY, 3 Months DAILY, 1 Month 1 00 \ Advertisements inserted st moderate rates. Sub scriptions snd advertisements Wvsriably in advance. Address HERALD PUBLISHING CO.. Drawer 23 Atlanta, Georgia, oflics on Alabama Street, near Broad. TO ADVERTISERS. Tlie l>on» fliD t irrwlation of Hit Daily Herald Is larger Ilian that of the Constt< tstlon. The bona fide circulation of the Daily Herald Is raoae tm*n doslne that of the 8«a. We from are pi pared to verify Oils our hooks. elafi I’ll ruin your mills.” Knowing the man and his power Mr. Scofield endeavors to comply, but he finds that Brown’s coal will not do as well as the coal of another mine. Conse quently he gets a more suitable kind. Then begins his troubles. lie finds it difficult to get any coal at all; next the patronage of the State road is taken fiom him. “If my coal don’t suit you,” 8a}’8 Brown, “your iron don’t suit me.” And thus a deadly blow is struck at an institution that gives support to probably not less than two thousand persons. therein, which was overruled, and the plain tiffs excepted. By the Gth section of the charter of the Georgia and Alabama Railroad Company, it is provided that in all cases in which any difficulty may arise between indi viduals and the company as to the right of way, or damages to the land on which said road may be located, either party may apply to the sheriff of the county in which the land is located, who atoll .summon a jury of five freeholders, who shall enter upon the land, and, after taking the oath prescribed, award in writing the damages, if any, to be paid by the company, and upon the payment .. , , , . ,I of the damages so assessed, the fee simple to Only when be sees nun staring him loHj^kiid “gj&j veBt in the ’ compftny . P S ome face does Mr. Scofield speak out. He has , ten or twelve years after this charter was waited patiently, suffering much, and hoping granted this compauy was consolidated into against hope, until nothing is left him but the Selma, Rome and Dalton Railroad Com- ° ... , I nanv. On the trial D. S. Pnotup wan of- the alternative of removing Ins mills from | M ft witness for defendant, .ho stated At the meeting of the American Medical Association, at St. Louis, there has been a reorganization in several important particu lars, which it is confidently believed will greatly contribute to its permanency and use fulness. Among others, we note the estab lishment of a “Judicial Council” to settle, without appeal, all disturbing questions which may hereafter arise in the body, of which Dr. J. P. Logan, of this city, has been appointed a member to serve three years. A section upon “State Sanitary Mcdibine and Public Hygeine” has also been established, of which Dr. W. F. Westmoreland has been appointed a member. Atlanta, and with them over six per cent, of her population, or selling it at a sacrifice to somebody—perhaps to this same Joseph E. Brown himself, so that the President of the Western and Atlantic Railroad might find another profitable source of income ! We cannot recall to mind any parallel to this melancholy exhibition of avarice and cor rupt use of power. The rascalities of James THE FENCE RIDER PREPA K r MOCST. that he was attorney and agent of the com pany at the time the assessment of damages to plaintiff's land was made, and was present attending to the same; that the papers were returned by him to the Secretary and Treasu rer of the company, and have been lost or destroyed; produced copies of the papers which he stated were about the same as those in the defendant’s plea, and gave them to Sheriff Wattera to serve, doubtless meaning the original papers. The alleged copy of the Fisk . 3,, and Jay GonM were at least con- original papers wbichtb. -tn^prodneed. fined to plundering the Erie Railroad and its stockholders. At the same time it must be said that they lowered the rates of freight and did everything in their power to enhance the prosperity of New York. Not so with the President ot the Western and Atlantic Rail road. With shocking unscrupulousness he clutches at the throat of Atlanta’s industries, unless tribute is paid to him. We must buy his partners’ coal or freeze; we must buy his coal or have our workshops shut up. This is jury, so far as the record shows. The witness then testified that tie offered the plaintiff a certificate of stock in the Selma, Rome and Dalton Railroad, which he declined to take, what was the amount of it does not appear. No offer was ever made to the plaintiff of stock in the Georgia and Alabama Railroad Compa ny, nor was there at any time any certificate of stock issued by that company. The witness also stated that the plaintiff was present when the assessment was made. The assessment That bold, fearless and independent news paper, the Daily Fence Rider of this city, thus refers to the State road scandal in its issue of yesterday: Thk Stats Boad.—It hu been known for some time that there has been some disagreement between tbe lessees of tbe State road, sad also some business misunderstanding between two leading officials of tbe road. As soon as tbe reliable facts can be obtaiued we shall give them. Until then we pr. fer not to men tion tbe vague snd conflicting rumors which may do serious injustice to the parties. And the above in an obscure part of the local column! Mark how cautiously “honest logo" speaks. “As soon as the reliable facts are obtained, we shall give them.” We al ways thought there could not be anything more reliable than facts, but the Fence Rider evidently thinks differentlj’. The idea of its talking about “vague and conflicting rumors” is simply ridiculous. The Herald published nnimpeacl which the Fence Riderj^j^e obtained bad it wanted^ them. However, tbe Rider did not wish to publish TEeni; and in regard to giving any facts ;it all we offer the following wagers: Ftrsl—We offer to wager a counterfeit nickel against twice the amount of journalistic abil ity in the Fence Rider office that all the “relia ble” facts it publishes will come from Joseph E. Browu. Second—We offer to wager a brass button against twice the amount of moral courage to be found in the Fence Rider office that ii the “ reliable” facts are damaging to Jo.-.epb E. Brown, it will not venture to assail him. Third— We offer to wager a mutilated ten- cent currency stamp Against the balance now claimed on the till for Public Printing that the Fence Rider will straddle its beloved fence aad wait to see which man wins. Fomih—We offer to wager all that the Herald is worth that if Joseph E. B»**wnis turned out of the State Road, the Fence Rider will proceed to metaphorically kick him, and that if General McRae is turned out it will vigorously assail that gentleman. Fifth—We offer to wager anything against anything else that tbe Daily Fence Rider will be found hurrahing for which ever side wins. the state road m anual. PRESIDENT J .I.OWN’s REMOVAL A NIlfF.: was made in accordance with the provisions of the charter, and all the notices required to , — . ™ [be served were either served or waived by the character of tbe man who has absolute ^ pa rtie3. This latter part ot the witnesses^ control of a road which is at present the very ; statement was objected to and the objection life of Atlanta’s prosperity, and upon which overruled, and that is assigned as error. Ithe prosperity of the entire State to a great extent depends. It is becoming more and more apparent that Atlanta must either finally become a sort Watters, a witness for defendant, stated he was Sheriff, or Deputy Sheriff, at the time of the assessment; served copies of the papers handed him by Colonel Printup, on the plain tiff, but does not remember doing any specific act or acts, nor what papers were served, blit remembers that he did what was required of him in his official capacity; plaintiff was pres ent at tho time of the assessment; made no objection. After the jury had agreed on a verdict plaintiff asked him what it was; told him it was $500 00. He then said he was to take it in stock of tbe company. There are other witnesses who testified that the plaintiff was present when the assessment was made, and that he was to take the assess- of tail tied to Joseph E. Brown’s speculative kite, or Atlanta must drive Joseph E. Brown from tbe Presidency of the Western and At lantic laiJroad. For if lie can strangle one industry to-day, he can strangle another to morrow’. If he can withdraw the patronage of tbe road from Mr. Scofield’s mills, be can withdraw the workshops of tbe road also. If be can set monopoly in coal, be can set up one in dry goods and in Western produce, and in fine can compel every merchant ^ company unde f the proviaiona of their Atlanta to pay him tribute, io a m:tnj^*^T cbarter ? j n my judgment it was not Tbe shall vest in the defendant, :is provided by its ! charte. Let the judgment of this Court be so eu- i tered. Underwood & Rowell, Wright & Featber- ston, for plaintiff in error. Printup <fc Fouche, for defendant. Alsou Thomas vs. John J. Whitehead, ad miniatrator. Assumpsit, from Floyd. McCAY, J. When in a pending Buit between A and the administrator of A’s deceased father-in-law, in relation to certain money loaned by the son-in-law to the deceased, and two other of tbe deceased's children testified of a set tlement between tbe parties, giving tbe de tails of it, and in answer to cross interroga tories, said that they were not present, and that all they knew of it they got from family conversations, the witness not recollecting that A was present at any of said conversa tions, but giving bis opiuion that he was: Held, That it was error to permit tbe an swers as to the asserted settlements to be read as evidence to tbe jury. Judgment reversed. Wright & Featherston for plaintiff in error. Alexander & Wright for defendant. Selma, Rome and Dalton Railroad vs. J. B. Fleming. Case, from Floyd. McCAY, J. 1. When there was a trial of a suit for dam ages for killing tbe plaintiff’s cow against a railroad company, and tbe declaration claimed as part of tbe damages, expenses of litigation under section 2831 of Irwin’s Revised Code : Held, That it was not error in tbe Court to permit tbe plaintiff to prove “that be of fered to compromise, that they refused and offered to pay me $30. I refased to take $50, but was willing to settle without suit.” 1. Iu an action against a railroad company for killing a cow of tbe plaintiff by the run ning of its cars, it was not error in tbe Court, to refuse to charge as requested: “If plaintiff’s cow fell down a bank and rolled under the train after the engine passed her, or if the cow jumped on tbe track fifteen feet in front of tbe engine, then tbe accident was unavoid able and tbe com pan y is not liable.” Whether the company was negligent or not it was for the jury to find, and it was not the duty of the Court to decide whether or not, uuder such circumstances, there was negligence. 3. The verdict is not illegal as contrary to tho evidence. Judgment affirmed. Printup & Fouche, for plaintiff in error. W. D. Elam, represented by T. J. Alexan der, for defendant. ATLANTA PAPER MILLS. TLANTA PAPER MILLS- parxTOR. of this pspsr. IAS. ORMOND Pa APOTHECARIES. street. Atlanta, G». AGRICULTURAL WAREHOUSES. _ the bridge, makes advances to planters. A full fine of Agricultural Implements, Publishers of the Rural Southerner. GUNS, PISTOLS, Etc. etc.. No. 1 James hall street, Atlanta, (ia. HARDWARE AND CUTLERY. 1‘AINTS, 011,S, CLASS, ETC. J NO. T. HAGAN & CO.. Wholesale Dealers In Burn ing Oils, Limps, and Fancy Groceries, 114 White hall street, Atlanta, Ga. Dealers in Paints, Oils and Glass; also Railroad PICTURES AND FRAMES. AUCTIONEERS. i and Dealer in Furniture, Marietta street. BAG MANUFACTORY. d Dealers In Hardware, Carriage Material arul Mill Stones, 46 Whitehall street. Cutlery, Guns, l^HOS. M. CLARKE A CO., Importers and Whole- ICE HOUSES. Pure Luko Ice kept i JEWELRY. SILVER WARE. REAL ESTATE AGEATS. B * t ( "T KO. W. ADAlIt, Wall street, Kimball House » Block. O. Hammock. Whitehall .treet, near j w ALLACE A FOWLER, Alabama street, opposite Herald Ofllce. SEWING MACHINE AGENCIES. rilHE IMPROVED HOME SHUTTLE SEWING JL MACHINE. Cheapest and most Durable. Price $25 00 to $75 00. D. G. Maxwell, Gen'l Ag’t, No. 13 Marietta street, Atlanta, Ga. BOOKSELLERS AND STATIONERS. sellers, Stationers and Piano Dealers. tionery, 105 Whitehall Street. BUSINESS COLLEGES. M OORE’S SOUTHERN BUSINESS UNIVERSITY, corner Broad and Alabama streets, Atlanta, Ga. A standard institution, the largest and beBt practi cal business school in the South. For circulars, etc., address B. F. Moore, A.M. President. B il J Detwiler k Magee, Managers. Corner Line and Peachtree stree^. Three hundred Graduates nowin position. elry and Sterling Silver Ware, Parlor Jewelry Store, Republic Block, up stairs, opposite Kimball House. J SEWING MACHINE Office, Corner Broad snd Marietta Sts. J. INSURANCE AGENTS. E. GODFREY k PON, General Agents St. Louis bought and sold. Willis, cashier. J GADSDEN KING, General Agent, Fire. Marine • and Life. London and Lancashire Fire. Vir ginia, Fire aud Marine. Cotton States Life. Broad street. Atlanta, Ga. TLANTA DEPARTMENT LIFE ASSOCIATIO of America. Officers—T. L. Langston, Pro dent; C. L. Bedwine, Vice-President; J. H. Morga Secretary; General L. J. Gartrell. Attorney; William G. Drake, Medical Examiner. Broad street, corner Alabama. P. O. Box 276. THOMAS. General Agent of Life / C Alabama, rjlHE SINGER DROP-LEAF SEWING MACHINE. A Best Sewing Machine made. R. T. Smilie Agent, corner Broad and Alabama streets. H OWE SEWING MACHINE AGENCY, corner Broad and Alabama machines as old Elias Howe street. Finest liquors in tho city. Juo. T. Grant, president; Perino Brown, cash'] J NO. H. JAMES, Bunker, James' Block. pose of showing that.JfeTplaintiffs title to his landJbl^^teenTawfu 11 y condemned for the use charter? In my jnd^ land owner stands upon all his legal rights, and when the compauy seeks to invade them uuder the authority of its charter, the bur den of proof is upon them to show that they nave strictly complied with its terms. The original papers relating to tbe assessment of tbe plaintiff's damages were lost. The next best evidence would have been tbe sworn copy thereof which tiate as President Brown, of pow- will be too grcikU -^ftrucc it is that in tbe interc^Aff'the people of Georgia we call upon lessees to remove him, and put in bis place some man who can l>e depended upon to manage tbe road in tbe interest of the pub lic, as well as in that of the stockholders. If the lessees are wise, they will Printup had in Court, and if he could take of the rn.Usjn.Uion which onr have stated from his knowledge of the con- _ . . , tents of the original proceedings that the pa- exj options have alreuly aroused. | pcr w hi c h he produced in court was a sub- attempt t> destroy Mr. Scofield’s mills, by i s tantial copy thereof, and it had appeared sending the iron ot the road to Chattanooga j therefrom that the requirements of the char- 1 , , I „<■ I ter had been complied with for the condemna- the cool monopoly, the family arrangement | ^ of tbe plai ' tiffs i an d to the use of the whereby workmen are mulcted of five dollars j compjluy> jfc would have defeated the plaintiff s for eveiv notice of garnishment served upon ' right to recover. What I iutend to say is. he company; the printing business, and tbe numerous other allegations, as yet unverified and therefore unpublished, have produced a deep and profound feeling which will not long brook tbe supremacy of a man whose reat powers are coirnptly used to enrich him self by an odious monopoly and arbitrary op pression of others who refuse to obey bis highwayman mandate to “stand and de liver.” A. D. Breed, le.s»ee, vs. It. V. Mitchell. Cos from Floyd. McCAY, J. —- - 1. A non resident^ (his State, who is the lessee of a railrp&ftin this State, aud there fore^ liAlile^to’ be sued as was the railroad . t-efnpany is none tbe less liable to be pro- ment in stock. Was tbe evidence of PjatttTip; ceeded against by attachment as other nou- wliich was objected to, admissij^^or the pur- j residents are. - . . . ^ wh ere goods arrive at tbeir point of des tination and the packages or casks are by tbe fault of tbe carrier iu a damaged condition so that they cannot be handled without loss and farther damage, it is the duty of tbe carrier to repair the casks if possible, before tbe owner can be compelled to receive them, and if be refuse to do this, the owner may refuse to receive the goods and may recover the value, and this without offering to pay the freights, since the carrier has not completed bis under hiking. 3. Goods are prima facie presumed to have been received by a carrier in good order for shipment, and if they were not so, it is for the carrier to show it. Judgment affirmed. Priutup A Fouche, for plaintiff in error. Wright A. Featherston, for defendant. A. J. King, adiniustrator, vs. William New ton’s heirs. Appeal from Ordinary, from Floyd. TRIPPE, J. An administrator who received Confederate money in 18G2, and does not, by his return, or on the trial of a suit commenced against him in 1871, give anj r explanation of wliat became of the money or what be did with it, cannot complain at being held liable for the full amount so received, especially when tbe verdict is for four years less interest than what was due. Judgment affirmed. Alexander and Wright, for plaintiff in er- A TLAJU’A'NATIONAL BANK, Capital $10U,000 JArTfnited States Depository. A. Austell, President W. H. “ ~ ' i James M. Ball, PresideuJ.-W. W7 Clayton, Caali- . Tuller. Castiier. BOOTS AND SHOES. Boots and Shoes, Leather aud Shoo Findings, Sign of the Golden Boot, 39 Peachtree street, Atlanta, Georgia. batten & Alps. P;pATILL07 >'H. fi Kimball' Hh.sc. A- nt for 9 JTtBk aud Phoenix of Hartford, Franklin ot Philadelphia, and Southern Mutuab_AtheuEL^^H „ _ CHOATE, Kimball House, Vy of Y.'all street., General Agent of New Equitable. York Bourbon Whisky. J EE SMITH’S Saloon, Marietta Btreet, the very best liquors mixed in the best style. STGVE AND HQUSIFURNISHING GOODS. 73 Whitehall street. UNDERTAKERS. °A0 SrALf* 1 The longest established, the best organized, snd the oulj one in the Booth conducted bv EXPERIENCED MERCH A Practical Accountant.. The course of study includes Book-Keeping In all its branches, Penmaaahip, Mathematics, Commercial Law, Business Corres pondence, Business For ms. Part nership Settlements, Bank ing, Telegraphy, Pho. nograph y. Etc. THE TRANSACTIONS AND OPERATIONS IN THE Actual Business Department, are the moat complete and practical of the age Students Instructed separately and received at any time. Business Advocate mailed free on appli cation. Address B. F. MOORE, President. taOocm. -61 M’CUTCHEN S C. I. B. ( CHEROKEE INDIAN BITTERS POSSESSES AN j energy which seems to communicate new life to the system, and renovate the feeble, fainting powers of nature. IU operation upon the tisanes of the body does not consist in affecting the irritability of the liv ing fibre, but tu imparting a sound and healthy stim ulus to the Vital Organs. It strengthens substantially and durably tbe living powers of the animal machine; is entirely innocent and harmless; may be administered with impunity to both sexes, and all conditions of life. There is no disease of any name or nature, wheSher of old or young, male or female, but that it is proper to administer it, and If it be done seasonably and pre- servingly, it will have a good effect. It is^erfectly in credible to those unacquainted with Uie Bitters, ihe facility Lien a nesithy action is often in the worst’cases restored to the exhausted organs of the system; with a degree of animation and desire for food which is perfectly astonishing to all who perceive it. This Medicine purifies the blood, restores the tonic power of the fibres and of the stomach and digestive organs; rouses the animal spirits, and re-sniuiates the broken down constitutions of mankind. feb!2-d2m WHITE GOODS, NOTIONS, ETC. W ALKER & BOYD, Fire Insurance Agency, office No. 2 Wall street, Kinibell House. CARPETS, MATTINGS, ETC. city. Marietta street. States Life Insurance Co., No. G Kimball House. Residence McDonough street, corner Fulton. Alabama Burglar and Fire-proof Safes, Broad street. CARRIAGE MANUFACTORY. A T. FINNEY, Manufacturer of and dealer in • Carriages, Buggies, Wagons, Sewing Machine Wagons, Ac. Send for Price List. Broadstreet, just beyond the Bridge. In the end. it will he the best for Atlanta that all the detail* of the Western and At lantic Railroad management are comii light. Enough is known already to satisfy the public that President Joseph E. Brown is abusing the position he occupies. We say nothing of the shameful developments matter of the intercepted letter written by General McRae, because that is personal be tween the Superintendent and the President. Men with old fashioned notions of honor, would never have read it; but probably Presi dent Brown’s code of ethics ennobles espionage and eavesdropping into virtues. It ia, however, consolatory to know that for once more, the olu adage that “listeners nev< hear any good of themselves,” has been proved correct ; and President Brown will per haps be more careful in tho future how he reads and uses the correspondence of another not intended for his eyes. Bat while the scandalous interception of General McRae’s letter, aud equally scanda lous use put to it, are matters which we must pass over for the present, the alleged charac ter of the contents of the letter must be a terrible arraignment of President Brown. General McRae came to Atlanta without prej udices or partialities. He, perhaps, had not boen long connected with the road, before he discovered that this splendid property was managed in the personal interest of one man. lie probably saw enough to satisfy him that the grossest abuse of power existed, and that the individual prosperity of Joseph E. Brown, citizen, was all that Joseph E. Brown, President, sought. The public at large are nothing; the city of Atlanta is tho merest cipher; Georgia, in fine, may perish, so that Joseph E. Brown fills his coffers and enriches himself. Not satisfied with a large salary as President nc must enter into speculation* which depend for success upon the fair or unfair management of the road. He forms copartnership with coal dealers in this city, and then makes almost a monopoly of the coal trade, by flagrantly un just discriminations against rival dealers. It bocomcs suspiciously noticeable that certain firms enjoy a monopoly of shipping coal, on the cars of tbe Western and Atlantic Railroad to Griffin, Macon snd other points, and tin so companies are the very same in which he is said to be pecuniarily interested. Again, President Brown of the Western and Atlantic Railroad, bestows his iiatronnge, for printing and stationary exclusively upon Joseph E. Brown, Job Printer, disguised un der the name of an employed foreman, and tbo comical spectacle is witnessed of his mak ing oat and auditiug bills for printing against himself. All this is bad enough; nay, it is simply shameful, but it does not produce enough money. Joseph E. Brown, President, pur chases coal mines and then endeavors to co erce manufacturers into using his coal. Who can read the report of our interview with Mr. Scofield without feeling the utmost indig nation. Here is a gentleman who has by hard labor built up a large and important manufac turing interest m our midst. His is the only mill in Georgia which manufactures railroad iron, and it is admitted by everybody that Mr* Scofield Eiaki?s as good railroad iron as any manufacturer in tbe world, and better than any in Ibe United SUtes. No sooner does Supreme Court Decisions, xa JiEPOT.TED jlV CArTAIN HENIiY JACKSON, E110ETF.K FOE THE SI PEEME COt'ET. Deeivkeko Mat 13, 1873. J. M. Eliiot vp. T. J. Cox < t al. Claim from Floyd. WARNER, C. J. This case came before tbe Court anil waa decided on an agreed statement of facts. On tbe 11th day of April. 187H, at Rome,Georgia, T. .1. Cox and E. O. Cox, bis wife, executed aud delivered the following instrument: “On or before tbe 1st day of November next we or either of ns promise to y»ay to the order of Griffith, Clayton <fc Co., at their office in Rome, Georgia, $502.50 for five tons of solu ble gnano, and one ton of Dixon's compound, with interest from date, and we promise and agree to deliver to them, for storage and sale, our cotton crop made on onr plantation in Alabama this year, as soon ns it is made ready for market. Value received.” It was ad mitted that the cotton was made on the defendant’s plantation in Alabama, and shipped by them on steamboat, consigned to Griffith, Clayton A. Co., on tbe 4th of January, 1871, that the cotton arrived iu Rome tbe day after it was shipped, and, on its arrival there, was levied on by an attachment sued out by the plaintiff as 'the property of Cox. Tbe plaintiffs demand was admitted to be correct, and was founded on the following instrument: Home, Georgia, Angnst, 25th, 1869. Re ceived of J. M. Elliott A Co., $300 advanced on my present crop of cotton which I promise to ship to them for sale, on my default, rate of interest 1 \ per cen:. per month. [Signed] T. J. Cox. The cotton was claimed by Griffith, Clayton & Co., and the question was whether it was subject to the plaintiff’s attachment, or whether tbe claimants, as factors in posses sion, bad a lien on the cotton for their ad vances made to Cox under the before recited instrument. Tbe Conrt decided that they were in possession of the cotton, and were entitled to claim their Hen thereon for their advances made to Cox and wife as specified in the contract Whereupon the plaintiffs excepted. The questions made iu this case were substantially decided iu Wade & Co. vs. Hamilton et al., 3bth Ga. Rep., 450. It is true Iliac the wolds in the agreement in that case were, that tbo factors were to “reim burse” themselves out ot thejpvoceeds of the cotton promised to be lorwarded to them by Hamilton, which words are not in the writ ten contract in this case, but in our judgment, taking into consideration the relative position of the parties at the time tbe contract was made, as well as the character of the advances made by the factors, that it was intended by them that the cotton should be delivered to Griffith, Clayton & Co., as the factors of Cox and wife for storage and sale, in order that they might reimburse themselves out of the proceeds of the sale thereof for the ad- inces which they had made to them, and such we think is a fair interpretation of the contract. The ease of Wade & Co. I vs. Ham- ilton decides that the delivery of tlie cotton to the carrier consigned to Griffith, Clayton & Co., was a delivery to them, and therefore they were io possession of the cotton as fac tors of Cox. The plaintiff’s claim was for ad vances made on the crop of 1869, and not on the crop of 1870. It is advisable iu all cases when factors make advances to planters on the faith of their crops being sent to them for storage and sale lo reimbume themselves out of tbe proceeds thereof, that tbe contract shonld be definite and explicit. We confino our judgment in this case in the interpreta tion of this contract to the relation of factor nnd planter, for advances made on the faith of the crop of the latter. Let the jndgment of the Court below be af firmed. Underwood A Rowell, for plaintiff in er ror. Alexander A Wright, for defendants. Hnmnel Mobloy vs. A. D. J’.reed, lessee. Eject ment, from Floyd. WARNER, C. J. This was action of ejectment brought by the plaintiff against the defendant to recover possession of a certain strip of land on which the defendant has located ita railroad. On the trial tbe plaintiff proved title in himself to tbe premises in dispute and possession by tbe Jetandant. Tbe defendant pleaded that the land had been condemned for the use of the company under the provisions of iU char ter, and set forth in his plea a copy of the proceedings allegod lo have been had for that that if the sworn copy paper produced in court by the witness showed on the face there of, that the provisious of tbe charter had been complied with in assessing tho damages for taking tbe plaintiffs land by tbe company and the damages so assessed have been shown to have been paid, it would have defeated the plaintiffs right to recover. The sworn copy of the original proceedings introduced by the witness iu court, was better. evi dence than bis oral declarations. Besides, bis oral declarations that the asseasment of the damages was made in accordance with the provisions of the charter, was a conclusion of the law, tbe witness should have stated the facts that transpired when tho assessment of damages was made, so that the Court and jury could have decided whether it was made in accordance with the provisions of the char ter. The condemnation of the plaintiffs land for the use of the compnny. under its charter, depended on the facts connected with the pro ceedings had for the purpose, and not on the opinion of the witness. It was the province of the Court nnd jury, to decide from the tacts proved, whether the plaintiffs land had been lawfully condemned for the use of the company under the provisions of its charter, and not the province of the witness tu decide that question, and in my jndgment, it was error iu allowing him to do so over the plaintiff’s objection. The plea of the defendant was not evidence on the trial, besides it does not appear on the face of the paper set forth in the plea, that the jurors summoned by the sheriff to assess the dam ages, were freeholders, or that they took the oath prescribed before any officer authorized to administer it, nor did the evidence on the trial prove either of these facts. If the origi nal papers containing tbe proceedings under which the defendant claims that the plaintiffs land w*as condemned lor use of the company, had been before the Court at the triul, all tho requirements of the charter must have ap peared on the lace thereof to have been complied with in order to divest the plaintiff of his title to his land, aud the loss of the papers does not dispense with the proof ot the necessary facts to accom plish that result by the best evidence in the power of the defendant to produce. It appears from the evidence in the re cord, that the plaintiff wa3 an origi nal subscriber of $500 to the stock in the Georgia and Alabama Railroad Company, and had paid two installments thereon. The jury assessed the plaintiffs damages for the right of way through his land according to the evidence of $500, to be paid in the stock of the company. Whether the plaintiff’ agreed that the jury might return their ver dict that he should be paid for his land iu stock, or whether he agreed that he would take the amount of the verdict in stock, is not so clear, but no Htock in that company has ever been pnid, or offered to be paid him, iu discharge of that verdict. There is no evidence in the record that the plaintiff has ever been paid ODe dollar for bis land, cither in the stock of the Georgia and Alabama Railroad Company, or nnytning else. Tbe defendant offered him a certificate of stock in the Selma, Rome and Dalton Railroad Compauy which he declined to receive, and there is no pretense that the plaintiff ever agreed to receive the stock of that company in payment for his land. The court charged the jury among other things, to tho effect that if the plaintiff was a stockholder in the Georgia und Alabama Railroad Compauy be would be chargnble with notice of tbo con solidation of that company with the com pany of defendant, aud his consent thereto might be presumed, nnd if he acquiesced in the building of the road on his land by the defendant, he cannot now, by bis action of ejectment, recover the land and turn out the defendant, provided tho new, as well ns the old compauy had always held themselves ready to deliver to him a regular certificate of stock, to which he was or is entitled on account of the assessment made ns be fore stated. There is no evidence in the re cord that either the old or tho new compa ny had always been ready to deliver to the plaintiff o regular certificate of stock ill pay ment for bis laud. Tbe only evidence in re lation to that point In the case is, that l’rin- tup offered the plaintiff a certificate of stock in the Selma, Rome nnd Dnllon Railroad Company, which he declined to take. The time the offer was made, or the amount of tbe certificate, is not stated. The fact that tho plaintiff was a stockholder in tho Georgia Waaons aud Buggies, Decatur street. J j. FOKD, Carriage Manufacturer, corner Line • and Pryor streets. COMMISSION MERCHANTS. ding accompany Drafts. WOOD ENGRAVING. A TLANTA DEPABTMENT Southern Life. Juo. B. Gordon President, A. H, Colquitt Vice Prcsi- ent, J. A. Morris Secretary. LAWYERS. IV MISCELLANEOUS. PUBLISHING COMPANY^ _ _ ear Broad, iid promptly executed. Practices in all the courts. Special attention giv to the collection of claims, and ail business promptly TI^HE WEEKLY HEltALD, an Eight Page Paper, attended to. -EL containing 56 columns, the largest and most — —— | teresting paper in tho State. Kv.r - elry, li St Louis, — AND — CHATTANOOGA 11 LINE. SPRING SCHEDULE. 1873. Leave Atlanta Arrive at Chattanooga “ Nashville « McKensie M Memphis •' Little Beck .... 8:30 A.M. and 8:10 P .... 4:28 p.m. aud 3:44 a .... 12:45 A.M. and 1:05 I 8:30 am. and 8:30 I 2:10 p.m. Rnd 2:25 j 8:30 .1 L. J. GLENN k SON, Attorneys at Law, pr EKGENZINGER, Manufacturer of all kiuds of L Bolsters, Etc. Hunter street. Leave Atlanta Arrive at Chattanooga 4:28 a “ Nashville 12:45 j •« Union City 10 JO a •• Columbus, Ky 12:00 n *• St. Louis, via Cairo Short Line 9:05 I ** St. Lon is, via Iron Mountain Railroad.. 11:00 p ALBERT B. WRENN- Southeastern Agent, Post-office Box 253. OfficeNo. 4. Kimball House. Atlanta Georgia. M. and 8:10 p.m M. and 3:44 a.m -M. and 13»5 p.m m. and 10:30 p.m >on, 12:00 night m. and 11:20 a.m M. and 12:50 p u kinds of Produce, No. 83 Whitehall Street, Atlanta, Georgia. Orders aud consignments solicited. Re turns made promptly. I A WHENCE k ATKINSON. Grocers aud Ctmimis- J sion Merchants. Peachtree Street, Atlanta, Ga. Consignments solicited. streets. A. [LEYDEN, Warehouse aud CoiuininBiou Mer chant—Warehouse Corner Bartow Street aud \Wrk A. It. It. Office, 9 Alabama Street Grain, Hay, Hour, Bacon, Bulk Meats, Lard, Hams (sugar-cured and plain) Lime, Cement, Plaster, Domestics and Y’arns. Wright and Featherston, for defendants. D. Ii. Mitchell etal vs. Mayor and Council of Home. Case, from Floyd. TRIPPE, J. 1. Tho principle that the owner of a build ing, erected on the line of his lot, may, by lapse of time, acquire a prescriptive right to the lateral support of the adjacent soil, does not exist in this State, especially against ft public or municipal corporation. 2. If the work of grading a street, such as digging below tlio foundation of a wall, or under a wall, and underpinning tbo same, be done by the consent or direction of one'of the joint owners of such wall, neither of the owners can recover damages from the city council by whose laborers the work was done, on account of the falling of the wail being caused by such work. 3. Where it was a question at issue whether such consent or direction was thns given, was error iu the Court to charge the jury as follows: “What they (the council) do, so far out of tbe line of their own business as to be evidently done iu the execution of somebody else’s job, if such owner was present aud knew what was going on and made no objec tion, will be pronounced to be done by con sent or direction of such property owner, it nothing appears to the contrary. But this presumption may be rebutted by any sufficient facts or circumstances, such as that the owner of the property protested against it,” etc. The jury had the exclusive right in this cose to determine what presumption arose from the facts proved by the evidence. Judgment reversed. Underwood it Rowell, D. R. Mitchell, for plaintiffs in error: Hamilton Yancy for defendant. II. B. Hill ct al., vs. D. S. Printup. Equity, from Floyd. TRIPPE, J. A Judge of the Superior Court in this State, did not have tlie power either in term or chambers, under the Act of the twentieth of February, 1854, or under the provisions of any statute, or of the common law, to grant authority to a trustee, to sell and convey land held by said trustee for an infant ceslui qui trust, unless such infant was made a party to the proceedings instituted for that purpose, by a representative properly appointed. Judgment reversed. Wright A Featherston, for plaiutiff.in error. Printup &. Fouch, Underwood & Rov defendant. Grain and all kind of Stock street, Atlanta, Ga. It. BAYNE k CO., Commission Merchants and . Tk.«ii.vn in Paper, Paper Bags, Twines, Hope, • tal, hides, etc., 33 Pryor street. R. SIMMONS k CO., Wholesale Grain aud Pro- B OWIE & GHOLSTON, General CommiHuion Mw chants in Grain, Provisions, Hay aud Flour, F< sytli street, near W. k A. K. R. J. WILLIAMS k CO., Dealers aud Commission • Merchants in Grain ami Produce. Handles pro duce by car load without expense, YeUow Front, Ken . McConnell, Attor lall and Hunter i l Atlanta Circuit. TJ .1 II. LEDUC. Manufacturer of Tin Ware, Agent i |l’ • for Kerosene Stoves, Pratt's Astral Oil, Triumph Washing Machine, Clothe* Wringer, etc., Belgean id Counsellor at sheet Iron and Enameled Ware, Whitehall street. I 1 1 X • i Whitehall J OHN MILLKDGE, Attorney-ai street. Residence, corner. niHOS. W. HOOPER, Attorney-at-law, No. 2 Wall j 1 street, will attend to all kinds of lcjjiil Ousiin » IZARl) IlEYWAliD, Aitoruey-at-Law, No. 1 I Marietta street. r Whitehall reading matter than any other paper in Georgia w. B. SPENCER, Attorney r.t Law • and Alabama streets (up stairs;, Aiiauia, DE GRAFFKNRIED, Attorney at Law, of claims Office No D E. BLECKLEY’, Attorney-at-Law, Offict OYAL k NUNNALLY, Attorneys at Law, Griffin Water Cure. DR. F. KALOW, Corner of Hunter & W*lles Street. f I^lIIS celebrated Doctor has returned, opened an 8 office, and located permanently. Refers—To Mr. J. W. Rucker, N. T. Walker, Mr. Hightower. Major Cox and others. Send for Circulars on Water Cure, Its Principles, etc. All chronic dtaea- st-s cured, and acute diseases treated. n ylO-ly POSTPONEM ENT. Unsectional School-Books! H OWARD VAN EPPS, Attorney a No. 5 and 6 Granite Block. P. <t B H. A. M. THRASHER, i • st; stairs, 1st floor, practice i and Alabama Kailroad Company, although he might have consented to its consolidation into the new company, did not hind him to accept the stock of the new compauy in pay ment for his land; he never agreod to take the stock of that compauy for his land, and no other atock was ever paid, or offered to be paid him therefor, so far as the evi dence in the record shows. Tho charge of the Court, in view of the facts of the case, was error. The defendant com pleted its road on tbe defondants’ land in No vember, 1868. Iu view of tbo lacte as dis closed by the rocord in thia case, we reverse the jndgment of the Conrt below and order a new triul, nnlese the defendant shall pay to the plaintiff the sum of five hundred dollars with interest thereon from the first day of November, 1868, and in the event the defen dant shall do so, tho laud of the plaintiff, taken for thecae of the defendant's company, THOMAS FINLEY. TTOltNEY AT LA ATLANTA GEORGIA. RACTICE IN THE SUPREME AND Oil Court*, and elsewhere by special contract. Al irioH* attended to with dispatch. Offic- t Corner of Broad and Marietta Htreets, I tp-s tair*. A \V NOTICE. , C. ARLINGTON, Xiawyor, ^arwn.i Office : James’ Block, |. A ‘.Unfa Georgia. S. A. DARNELL, AWD SPECIAL COMMISSIONER OF CLAIMS No. 35 Whitehall Street, (OW CONDUCTED UV MISS M. 11. McDO’ II ae juat roeelvail a tine assortment of MILLINERY GOOD OF LATEST STYLES, mi will continue to receive weekly all the vs tud novelties In her lino of bniineu. lAdlo* ipectfully Invited to call before purchasing cl«e’ ap27-tf CLOTHIERS AND TAILORS. ' i| H. DYKeAaN, Merchant Tailor and Dealer iu Of # Gents’ Furnishing Goods, No. 4 Peachtree street, near the National. XX ILL k CANDLER, Attorncys-at Law, No. 1! p 1 Kimball House. Practice in all the courts. j • LUMBER. f G. JUNES, Fashionable Tailoring Establishment pf 0 within fifty yards of National Hotel and Kimbal House. Full Line of t»odB always on hand. ■nr S. BELL k CO., Lumber Dealers, corner YV % Pryor and Lino stm ts. TXT B. LOWE A CO.. Dealer and Manufacturer of »» • Ready Made Clothing, old stand, Whitehall street. m D. FRIERSON, Dealer in White Pine, Doois, JL • Sash, Blinds, Mouldings, kt\. Broad sir. • *. LIVERY AND SALE STABLES. j t’l« A as, TOBACCO, ETC. ENGELBEitT,' Manufacturers of Cigars anti JL • Tobacco. Finest brands always ou hand. Broad street, near Bridge. _ __ J MADSEN, 51 Whitehall street, Manufacturer aud Of • Importer of Cigars and Tobacco, Wholesale aud /'ILINT TAYLOR, Proprietor of the Archer Stables, j Vy keeps always ou hand a large supply of Mules ; and Horses for sale. LIQUORS. X AGElt BEER BREWERY. City Brewery, corner 1 A Collins and Harris streets. Lager Beer, Ale and Beer, Fechter, Mercer A Co., office iu Old Post Office Building, Atlanta, Ga. ■nr B. MOSES, Authorized Agent for imported Ha. YY # vana Cigars, No. 4 Kimball House Block, aud Kimball House Cigar stand. "1 OHN FICKEN, Manufacturer, Importer and Dealer t| in Fine Cigars. Pipes, Tobacco, Snuff Boxes aud Smokers Articles, No. 17 Peachtree strvet, Atlanta, CJHEPARD. BALDWIN A CO.. Wholcsalo dealers in Wines, Liquors and Cigars, No. 11 Decatur street, opposite the Kimball House, Atlanta, Ga. KERMAN k KUHRT, Cigars, Tobacco aud Snuff Whitehall street, near railroad. /^LAYTON A WEBB, 72 Whitehall street, Atlanta, \_y Ga., Wholesale dealers in Foreigu and Domestic | CONTRACTORS A. TUTTLE, Contractor and Builder, corner f| « Hunter and Pryor streets. Contract* faith fully carried out. pBoriUEToua of the Mountain Gap Whiskies. XNO. M. HILL, Marietta street, Wholesale Dealer in ♦ | Liquors and Cigars. Residence corner Caiu and ivy. COPPER. BRASS AND IRON. |> M. ROSE A CO., Wholesale Dealers in Liquors XVi* of the finest brands. ■jk/fil) DLETON & BROS., Coppersmiths, Brass iyl Founders, Finishers, Gas Fitters and Sheet iron Workers, Broad street, opposite the Sun Building. All work done promptly. ffTPWlOPT k BELLING BATHS, Gas Fitters, XX Brass Workers, and dealer# in Stoves, Marietta street, Atlanta. Z^IOX A HILL, Wholesale dealers iu Forign aud Do mestic Liquors, Peachtree street. lli'EADOR BROS., Wholesale Tobbacco aud Liquors, 1?JL 35 Whitehall street, Atlanta, Ga. MARBLE YARDS. CANDY AND CRACKERS. WILLIAM GRAY. Dealer in Foreign aud American Marble, Mautles, Statuary aud Vases, Alabama street, Atlanta, Ga. S'] W. JACK, Steam Candy and Cracker Mauulac- VJT* tory, Whitehall street. Atlanta. XX LEWIS’ STEAM BAKERY Manufactures all |X.« varieties of Cbacxkrs, Cakes, Snapps, etc. South Forsyth street. MEDICAL. f NO. PEEL, Confectionery and Fruits, Fancy fj Bakery. Also. Bar and Restaurant by Peel k Knowles. Nos. 26 and 28 Marietta street. XXR- w. T. PARK, office No. 35Whitehall Street. ■ f p. O. Box No. 158, Atlanta. Ga. Treatment of Chronic Diseases, Impurities of tbo Blood. Obstetrics aud Diseases of Women and Children nude a spec ialty. OROCKERY AND CLASSWARE. XXcBKIDE k CO.',"Wholesale dealers in Crockery, Jrx Glass and Earthenware. Kimball House. MUSIC AND MUSICAL INSTRUMENTS. r AW k CO., Wholesale Crockery, Marietta street JLi nsar Br /"T UILFORD, WOOD A CO., Dealers iu Music, Or- \X gans. Pianos, Musical Merchandize, and Impor ter* of Small Instruments and Striugs, OS Whitehall Street. DYE-WORKS. XAMES LOCHREY, Atlanta Dye Works. Dyeing f| and Cleaning in all branches. Satisfaction guar anteed. Post office box 540. L. BRAUMULLER. Dealor in Musical Instrn- \Xs monte, Stationery, aud sole agents for Stein way A Bona’ ami other celebrated pianos, 15 Whitehall street, Atlanta, Ga. DENTISTS. ■ ik it. J AM ES ALLEN LINK, Dentist, corner White- _lX hall and Hunter streets, Atlanta, Ga. X D. CARPENTER, Dentist, No. 50 Whitehall JLi# street, Atlanta, Ga. D. BADGER, Surgeon Demist, Peachtree street. NURSERYS. SOUTHERN NURSERY, Irwin and Thurmond proprietors. Propagators aud Dealer* in Fruit Trees, Grape Vines, Oruameutal Shrubbery, llot fins** Plants. *to» ~ FRUITS, VEGETABLES, ETC. PRIVATE HOARDING HOUSES. NTONIO TORReTDealer in Fruite, Vegetable* /\ and Imported Wines, No. 107 Whitehall street, r Atlanta, Ga. P. O. Box <64. Kf R8. R. E. WILSON, South Pryor Btreet. between jXJL Hunter and Mitchell. Large front roo a, with board. Day boarders wanted. CROCERS. ltXUS. A. E. SMITH’S, centrally located, nicely fur- ItI nished, carpeted rooms, walnut furniture, neat non CAHN k cAMI', Wholesale Grocers and I * Y» 1 1 Provision Dealers, 8ft Whitehall Street, e y, (X Ui ^ South Broad Street, Atlanta, Georgia. - rn J HIGHTOWER, Wholesale Grocer aud Pro- affords. Cali and examine. No. 7 ^ Whitehall Btreet. XONU 11. WEBB, No. 82 Whitehall, and 72 Broad fj street. Table supplied with tho best tho market affords. JL p vision Dealer, Corner Broad and Whitehall Sts. | Atlanta. _ 1 k G. T. DODD k CO., Wholesale G. seers aud 1 X • Provision Dealers, Corner Whitehall and Mitch ell Htreets, Atlanta. IhffRH. OVERBY’S Boarding IIouse—Near the 1Y | bridge, convenient to alt tho Churches, Boat Office, Library, etc. a FEW ladle# aud gentlemen can bo accommodated with good board at Mrs. Overby’s, on Broad treet. Just across the bridge. TiXISS GREEN, at tho “Larendon House,” on IyX Peachtree street, can furuiah pleasant room a to faiuliissur single persons. Day boardor# also ro- ooivod. __ — lir X. LAIN*. Family OrooorlM. *1.0 l>«a YY . IUkory attacked. FuruUke. bridal cake. L etc.. M.rl.tta .tr.Pt, west of Hprlng’i flret .tore. IMMONH k HUNT, urocerte. of .very de>erl|itloi ^ Country Produce at low ratea, at JnuoUou o Marietta and Walton itrMta. J X 8. OLIVER k OO., Wholesale Grocer, Alabama tl street, Atlanta, Ga. PHOTOGRAPH CALLERY. A DAIR k BRO., Wholesale Grocer, Alabama street •“ iV. Atlanta. Ga. 421 MITll k MOTE8, Photographic Gallery, over Pope's ^ Drug Store, on Whitehall street. First class photoaraphs, etc., executed promptly, at reasonable ates. Call aud see specimens. ■e. TAMES R. WYLIE k OO., Wkoleaal. Grocer, oorne •J Peachtreo and Wheat etreet.. THE SALE OF THE LUCK IE PROPERTY, lias been postponed ono week, to Thursday Afternoon, May 22. Plats at our ofllce. myl0-3t WALLACE k FOWLER. ROYfiL INSURANCE COMPANY OF LIVERPOOIs nE ^o-^hntoy, r John Ryan’s Store, Whitehall Street. Fire Risks taken at current Rates of Premium, and OKses settled without retereace to England. J. E. GODFREY & 80N, Agents, uovSfl-0m. Atlanta. Georgia. Chas. Bohnefeld, Tie University Sena lieru Mate; Ktatev; tl iuom lira ii til ii 1 Hook*. Mfliiry'** ^vtMixntphW’a! Series. Mu! nit* Hun IU*««lei> an*! Spoiler. De » I.L.EK. (YhlNstn* of Htttnry i Venable’, Arithmetical Series. Cbtrict 8 f*t»bl*, LLI» ii*. Tbu*# *»ru « of tlie UNDERTAKER AND DEALER IN METALLIC CASKETS, AND COFFINS OF desc * 'server. 1 I)eGIVE’S OPERA HOUSE. MARIETTA STREET ATLANTA. ATLANTA STENCIL AND VARIETY WORKS for. Marietta anil Broad Sts. DUTTON & FAIRBANKS, PRACTICAL STENCIL CUTTERS, Designers and Engravers, Addkskb Lock Box 351, * ATLANTA. GA. S TENCIL MARKING PLATES of every description cut to order. Name plate* for marking Clothing, with Ink and Brush. 76c; by mail 85c. Baggage, hotel and key Checks, Notary Public aud Society Seals, Al phabet* aud everything in the line made to order. Excelsior Printing Press, with font of tyyea, sent by mail for $2.00. Orders Irom a distance promptly attended dcc4-1v. . . D. DuPRE, services to the citizeus of Atlanta, In brauehes of his profession. , corner of Cain and Ivy street!, r Collier & Venable'* Drug Store. DR rRENDERS his Reaidcnc Office ovi aprl'.Mit Clavton County Dep’t Sheriff Sale W ILL be before the court houie door i» the town of Joncslvoro. on the first Tueeday in June next, at the usual hour of male, the following property fco-wit: _ . _ One house aud lot known as the Baber nou*e, lot iu said town, on the we**t side of the Maoon and Western Railroad, bound on tho south by G. F. Dohtosa aud ou the north by T. W. Merttteth. fKmting on the Macon aud Western Railroad. Levied ou and re turned to mo by James Hudson. L. C., to satisfy two 11. fa*, issued in the Justice Court, in flavor of W.,H. Let*, administrator of W. J. and A. A. Morria, surviv ing partuer of W. J. Morris k Bro., vs. James M. Ba- bor, tins May 1st, 1873. iny j-wtw R. 8. OZBURN, I>*pt Sheriff. Clayton Sheriff’s Sale. W ILL BE SOLD, BEFORE THE COURT HOUSE door at Jonesboro, Clayton county. Ga.. within the legal hours of sale, on tbe FIRST TUESDAY IN JUNK NEXT, the following property,to-wit: Ouo undivided half interest in a HOUAR AND LOT in tbo town of Jonesboro—same known as the Hudaou Hotel formerly, now occupied by Mtw- Julia A. Tur- net. Also, one undivided half Interest in a HOI St AND LOT, known as tho Hudson Livrry Stable,Ui aaid town of Jouesboro, now occupied by Thoa. T. Tucker. Said property, including both of said Lots, which are adjoining, containing ouo acre, more or leas. Said property levied on to satisfy nine Justice* Court ft. fas., issued from the Justices Court of the 491st Dis trict. G. M.. Henry county, in favor of W. B. Lee, ad ministrator. Ac., vs. N. G. Hudson. Levied on as the property of N. G. Hudson. Property pointed out by plaiutiff *« attorney. Levy made and returned to me bv James It. Hudson. L. C. R.& OABURN, May 1.1873. imay4-td] Deputy Sheriff. Jit „ Unci, +nii orwnprwii Holmes’s Historj of the Catted States. By (lanrt* f. Holm**, LL.I>. of th* L’nlwmlty 1 fteia. Th* indy Ui»torj OB TEBL'S fKkIXCH OHaMMaR. RKaDERU KT*\ GILDERS LEE VE’8 LATIN SERIES, QUTKH’H ELEMENTS OF GENERAL HISTORY. HOLMES'S ENGLISH GRAMMARS. L.B CONTE’S SCIENTIFIC SERIES, WthmTON'S ELEMENTARY PHILOSOPHY ARU ELEMENTARY CHEMISTRY. OffNTONlAN WR1TINO-BOOK8, AVERY'S NEW DRAWINO-ROOE, ETC. 8«od tor oar n*w ILLUSTRATED DR8CRIPTIVE CAT ALOGCE. whicc wih fc* nailed free to aay teacher or ecnoe* •Geer UNIVERSITY PUBLISHING CO., Nkw York and Baltimori. of Chronic and Acute Rheumatism. Neuralgia, Lum bago, Sciatica. Kidney and Nervous Diseases, alter years of suffering, by the taking I>r. Filler's \ e^- rtablr Kheumatie Syrup—the scientific discov ery of J. P. Filler, M. D., a regular graduate physi cian, with whom we are psrsonallv acquainted, who has for 39 years treated these dieeaaes exclusively with astonishing result* We believe it our Christian duty, after deliberation, to conscientiously request sufferer* to use it, especially persons in moderate circumstan ces, who cannot afford to waste money aud time on worthless mixtures. As clergymen, vre serionsly feel the deep responsibility rosting on us in publicly in dorsing this medicine. But our knowledge and expe rience of its remarkable merit fully justifies our ac tion. Rev. C. H. Ewing. Media. Pennsylvania, suffer ed sixteen years, became hopeless- lie*. Thomas Murphy, D. D„ Frankford, Philadelphia; Rev. J. B. Davts, Highstown, New Jersey: Rev. J. S. Bcchauau. Clarence. Iowa; Rev. G. G. Smith, Pittsford, V York: Rev. Joseph Beggs. Falla Church, Philadelphia. Oth er testimonials irons Senators, Governors, Judges, Con gressmen. Physicians. Ac., forwarded gratis, with pamphlet explaining these diseases. One thousand dollars will l>e presented to any medteme for aaino diseases showing equal merit under test, or that can produce one-fourtk as many living cure*. Any per •on sending bv letter description of affliction, will re ceive gratis a* legally aigued guarantee, naming tho number of bottle* to cure, agreeing to refund tho money upon sworn statement of it* failure to cure. IDAV1D McBRIDE, SU0CBS60R TO McBRIDE & SMIT MANUFACTURER of WANTED. 4 PARTNER, TO TRAVEL AND ASSIKT IN 8EI.L- -\ j.: g .bout pisht thou.*ml dollars' worth of mor- i humUio. whirl! will t»k« about lix mouth,, making at I .mat 100 i«r rent, on aaloa. A rare opportunity for a Hvo and oanrgaUo man with arnall capital. Addrrea A. J. 8., m,j9 Iw Thia Ottire Fine Carriages, PHAETONS, ROCKAWAYS AND BUGGIES. Repairing Promptly and Neatly Executed. DA VIP McBKIDK, •ri.U 35 Decatur Stri ct W« S. r A ML INS. W ARXSUL ALLS PARKINS & ALLEN. ^chitf^ts and £upemt^<kuts. Will tarnlah Plana and SpecUkmUoni for CHURCHES, BANKS, STORE BUILDINGS, AND DWELLINGS. OF ALL DESCRIPTIONS. OFFICE. Corner of Pryor and Dooalnr Strreia, op-