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Telegraph and Messenger. MACON JUNE 21, 1870. Dentil of Bcnnftirt Elliott, Esq. Wo loam by telegrams, dated at Quitman, Brooks county, on the lGtb, that Mr. Elliott ex pired in that place on the 15th instant, at nine o’clock p. »• He was bom in Beaufort, South Carolina, October 10th, 1810, and was an active business man in Savannah, and subsequently in the city of New York. In New York, disease attacked his throat and lungs and ho returned o Georgia for tho benefit of amilder climate.— He spent last winter and spring in Macon, and left Macon in May for Quitman, in a very fee ble condition, to die among friends in Brooks county. The only member of his family with Um a t the time of his death, was his wife, who has our deepest sympathy. Mr. Elliott was in many respects a model man. He had a fine, stately person, very en gaging manners and affectionate disposition.— His integrity was perfect and his business abili ties remarkable. This sad conclusion of a lin gering and distressing malady which he bore with uncomplaining fortitude and composurewill be mourned by numerous friends. Washington College, Virginia. The editors of the Telegraph and Messenger beg to thank Messrs. Wm. Preston Johnston, Wm. Allan and J. J. White, Committee on the part of the Faculty of this College, for an invi tation to attend its approaching Commence ment. It would afford them great pleasure to accept it, but they must send this sentiment to represent them: May Washington College live and prosper in exaet proportion to, and in beautiful har mony with, the noble life and still nobler char acter of its venerated and beloved President, Hodebt E. Lee. Household Treasury. We have from Messrs. Claxton, Remsen & Haffelfinger, the publishers, through J. \V. Burke & Co., a copy of a very handsomely bound volume with the above title. It is a re ceipt book or rather a book for receipts, with tho pages appropriately beaded and lined, so that a thousand receipts, if necessary can be copied into it under the proper beads. Receipts for making soup and cooking anything from a wafer up to a haunch of venison all have their oppropriate place. It saves space and makes everything easy to find, which are great desid- eratnms with housekeepers. Washington News. Our noon dispatches report that the Recon struction Committee, in full meeting, have come to a final development of their Georgia policy. They will report tho Virginia bill with a militia clause, and force it through the House under the previous question, so as to cut off amend ments and debato. The telegrams also report the resignation of Judge Hoar, and, as we suppose, the nomina tion or appointment of Amos T. Akerman, of Georgia, to the vacancy. As, however, tho dis patch is worded simply: “AmosT. Akerman, Georgia, Attorney General,” wo are left to con jecture what has actually been done in the premises. St:ilc Treasury In a Bad Way: If we may credit Treasurer Angier vs. Govern or Bollock and Gov. Ballock vs. Treasurer An gier the State funds are in a bad fix. The At lanta New Era of the 16th contains a communi cation from Gov. Ballock to the Joint Commit tee of investigation indorsing a report from Geo. P. Burnett, appointed to look into Treas urer Angier’s accounts. Burnett reports that he finds a deficit of $43G,674 30, which the Treasurer eithor cannot or will not account for, ten charges of abuse, fraud and malversation against Angier, and Angier, we are sure, must have preferred first and last, a great many more than that against Bullock. The Era hopes this discrepancy can be explained, and no doubt there is a great deal of explanation duo all round. “Congress, or tlie Penitentiary.” Under this head the Now York Tribune of Monday lets itself loose upon Whittemore and the House. It tells both that it has stood as much Congressional merchandising as it can stand, and is going to take no more responsibil ities on behalf of tho carpet-bag Congressmen. The Tribune hears that Whittemore confidently expects to be reseated, and reputable members are deploring it in a helpless sort of way, and going about dolefally asking each other, “How can wo prevent it?” A Mississippi Senator Gallants a Colobed Damsel.—On Friday afternoon, at Jackson, Hiss., quite a sensation was created in the Hooso of Representatives. Senator rMorgan (white) escorted Miss Highgate (colo ed) to a seat on the floor, and remained an hour, the observed of all observers. Ho then escorted her out, took a carriage and drove off for an evening drive. The members made many sig nificant gestures, audible remarks, and other rignsof disapproval Several ladies, wives of Republicans, manifested their emphatic protest by leaving tho hall at once. Others remained, but looked as unhappy as fish out of water. Wo find tho above paragraph circulating around in our exchanges. The members who made “signs of disapproval,” it strikes ns, were not only very ungrateful, but very illogi cal Tho negroes put most of them in office, and they ought to be proud to associate with and honor their constituents. Gratitude de mands that much. As they want to force the Southern people to accept the negroes as their equals, their “signs of disapproval," at its prac tice by one of their number, was illogical in the extreme. The Messrs Lo As Diners Out.—Don Piatt gives some interesting information of how the Indian chiefs recently at Washington City, be have at dinner parlies. He says: It is customary for these children of tho wilds to eat all that is placed beforo them. This Variegated Narrative and others proceeded to do with solemn resolution. Thus, n pot of mustard being put within the reach of Red Cloud, ho immediately tossed it down. Then, while tho tears came for tho first time in his savage eye, he seized Mrs. Fish’s finger glass, and after swallowing tho same, to that stately lady’s amazement, he cried out: “Hip, by dam, too hot a-most.” While eatiDg tho little kick-shaws, these noble red men had a discontented look, as if they would greatly prefer roast baby, or scalps on toast. Tho odor arising from the children of tho forest and plains gave tho com pany on aristocratic air. Your genuine aristo crat, especially if he is a Senator, always looks as if he smelled something. The odor, Jones says, was a strange compound of old moccasin and Blue-lick water. It was so powerful at times that Secretary Robeson, of the Navy, who is prone to sea-sickness, had to retire several tunes. Taking am Outlook.—The Chattanooga Daily Times, of last Wednesday, reports the legisla tive investigating committee of tho State road on top of Lookout Mountain taking a broad and comprehensive view of the railway track as well as the surrounding country. The Times thought they would get down to business next day. They Were taking an elevated view through the bot tom of a tumbler. . , Hath me Deuobest and a lady whose iiamo docs not appear, have formed a copartnership in the tea business. The Madame will be the receiver at New York annd her partner will re side in Canton and scatter agents throughout the Celestial Empire in quest of the herb. The firm starts with a capital of Ssoo.ooo, and cheek nongh to make thp thing a success. Fruits of a Bad Practice. Wo read, yesterday, a very bitter, insulting, and evil-toned speech printed in the Louisville Commercial, a Radical newspaper, and which was recently delivered at Paris, Bourbon county, Kentucky, by Gen. John T. Croxton to the ne groes of that county. The speaker, we believe, is very well, if not favorably, known here abouts. We don’t know him, ourself, nor are we very anxious for that honor,- now that we have read this speech. A more venemous, pas sion-stirring appeal we never expect to meet with anywhere. If it don’t stir np the negroes there to deeds of blood and brutal violence, we think Croxton will be sadly disappointed. We do not know the meaning of words if that was not his intention. It was addressed to the negroes, especially, there not being one word in it for the whites who are of Croxton’s politi cal faith. We, refer, however, to this speech more for the purpose of illustration than any thing else. Croxion boasts that he returned from Yale Col lege an abolitionist,' and that from that day to this he has never been anything else. The probability is that had he been educated at home, his mind would not have been poisoned, and instead of being t&^lay a supporter of a faith and policy that reads its title dear to the National hate in the blood of half a million of men,and a broken, dishonored Union, he might have been a friend to his country and mce, and an advocate of the principles of peace aid or der. We have no hesitation in believing that Croxton’s sojourn at Yale College, like that ot other Southern youths, was his ruin as a true Union man and good citizen. The abolitionists hated the Union as they “hated hell,” and tb«y plunged the country into war to dissolve and dishonor it. If there had never been any abo litionists in this country, there never would have been any secession, and by the end of this century there would not have been any slavery. They, and they alone, are responsible at the bar of History, and in the sight of God, for the disgrace, and ruin, and misery that now stain the National name, and clog and hinder the National growth. We hope the day for the education of the young men of the South at Northern colleges is past and gone forever. There is not now, and there never was any good reason for it. For all the good it has done, we can cap the result with nntold harm. Croxton is not the only monument and illustration of its ruinous effects. We know others who, if they have not done their birth-land and fellow-countrymen as much evil as he, nev ertheless, are as signal and emphatic witnesses for our position. Slavery is dead, it ia true, but right principles of politics and religion have found, and will find for years to come their staunchest defenders and securest citadel in these Southern States. Lot tbe South train her own sons and daughters now, henceforth and forever, so that if in the Providence of God, the evil day should ever come again—which may he forbid —when the two sections confront each other in deadly struggle over opposing forms of civiliza tion or political creeds, there may be no rene gades or deserters from this cause. We are for Nationality in its broadest and no blest sense, bnt that is a bastard, dangerous Nationality that demands of those who would worship at its shrine, the renunciation of home faith, and home training—the base abandon ment of brothers and birth-place. We denounce that Nationality as more false, more hurtful and more degrading than the most bigoted, unrea soning, and vindictive sectionalism that ever existed. “Revising tlie Bible.” The British House of Commons refused, lost Monday, to sanction the scheme for a so-called “revision of the Bibleand Mr. Gladstone characterised the work as one of “dubious util- the fixers and fussers and amenders of this fussy, inflated and self-confident generation will not havo tbe sanction of the British government in their projects to tinker the good old King James translation of the Holy Scriptures. It is a well of good English, simple, majestic and pure—not without its faults, of course— not absdlutely unsusceptible of improvement; but, on the whole, good enough ! Its obscuri ties have been made sufficiently lucid by ex position—its use of words in an obsolete, but sound etymological sense, has a positive value in restraining pestilent and nnreasonable in novations and changes, which are defiling the English tongue, and tho proposition tochango the versification is fraught with great mischief. True, the divisions are often very arbitrary and unreasonable, impairing the sense and breaking the connection to a considerable ex tent. But think in what inextricable confusion the whole great mass of Scriptural commentary and theological science would be plunged by the change proposed in the entire system of para graphing! Every Biblical reference in print would be put at fault, and the endless number of commentaries, concordances, dictionaries, exegeses, sermons, platforms, catechisms, and theological expositions and deliverances of every sort, would be confused and disordered. • It is said the English language has changed since the standard translation—but it is a seri ous question how far changes resulting from mere perversion of words from their original and true derivative signification ought to be permitted by men of letters. If anything hu man can be audio fixed and permanent, it should be language; and if there are any points around which tho intelligence of tho civilized worldcan and should rally to prevent useless and mischiev ous changes and perversions of language, those points are presented in the books of religion, law, philosophy and science; and more than all others in those books professing to bo direct revelations of the Divine will to men. But ovary material and intellectual interest of a people, as well as their common i«mo ..a glory, aro concerned in stoutly maintaining their language against innovations—nine-tenths of which aro merely icsthetic, at best, and of that sort of taste which, being founded on no sound principles of judgment, perishes with tho using like tho fashion of a bonnet. Do Anglo-Saxons want to seo all their cherished literature laid on the shelf, and become obsolete like that of the thirteenth and fourteenth centuries, merely by force of needless changes in orthography and signification of words. Who, in course of time is to “revise” Shakespeare, Milton, Pope, Addi son and all the other classic authors, to keep them in grammatical fashion, so that they can be read and appreciated by future generations ? and what sensible man doubts that the pure En glish in which they wrote is just ns good as any English lately introduced, and will be amply sufficient for all important pnrposes of an En glish-speaking people to the end of time ? Noth ing whatever will be gained by changes in the tongue, which shall practically silence the best divines, philosophers, poets ana novelists tho race has produced. It should be the great busi ness of all sound men of letters to stand by their language in its standard productions, and consent to no tinkering. Here the battle must be fought and radicalism whipped out. Above all, when they propose to put the old Bible in the newest fashion, however stunning, let every sensible voice utter a deep and emphatic nay. The South Georgia and Florida railroad is now open and in running order from Albany to Thomasville. The Savannah News tells of a man who, to save his own life, had to knock another man into the Altamalia river off the deck of a steam boat, who then jumped into the river and saved him from drowning. Avery few of that sort grow anywhere, these days. The American ship Charlotte took os cargo from Savannah -for Liverpool, on Tuesday, $337,713 44 worth of cotton and cotton seed. There were 23 deaths in Savannah, for the week ending the 13th instant. Interesting Case.—Tho Savannah News has the following notice of a case Of some interest. Joseph Lippman vs. the Union Society, as sumpsit The object of this suit was to recover the value of fifty shares of Macon and Western railroad stock alleged to have been sold by the defendant to the plaintiff, September 10,1863, for three hundred and ten dollars per share in Confederate money, amounting to the sum of fifteen thousand five hundred dollars. The fifty shares of stock in question were purchased at a sequestration sale made by the authorities of the Confederate government. Lippman sold the shares to one Scudder, who, after the Courts had decided that the sequestra tion sale conferred no title, sued Lippman and recovered the sum of $7,000. Lippman then brought this suit against the Union Society for tho amount paid for the shares, on the ground that there was an implied warrantee of title, and that the title had failed. The defence was that the plaintiff knew that he was purchasing confiscated stock—that he was one of the Direetois of the Union Society, and voted for the sale of this identical stock, for the reason that it teas sequestered stock. The case was ably argued by Lloyd for the plaintiff, and Lovell and Mercer for the defend- oat. After hearing the charge of the Court, the jury found a verdict for the defendant. Motion for a new trial by plaintiff. Tho first new wheat shipped from Augusta to New York sold there, on Saturday, for $3 per bushel William B. Chavous, for many years in charge of the bridge gang on the Augusta and Savan nah railroad, died Saturday, in Burke county. The Burke county corn crop looks exceedingly well, says a correspondent of the Chronicle and Sentinel, and is from waist to five feet high. The Georgia Railroad Company has declared a semi-annual dividend of four per cent Ballock must draw on that “private fortune’ again, to help his friend Blodgett against whom a judgment in favor of Benedict Hall & Co., far the sum of $3414, has just been rendered in Richmond Superior Court The Chronicle and Sentinel says : A Probable Fiend. —A friend writes to the Columbia Phoenix, from KingvilD, that tho train which left Columbia for Camden on Sat urday, at 1p.il, was fired into near the old junction of the South Carolina and Charlotte Railroads. The ball, supposed to be from a pistol, passed between Miss Wright, of Sunder, and Mrs. Diseker, of Columbia. The bro'ren glass was scattered over Captain Frederick, hr. Diseker, and Messrs. Paul Joner and Graham. Atlanta Agent Associated Press.—Ws learn that Mr. W. A. Hemphill, of the Consti. tution, was on yesterday appointed Agent of the New York Associated Press of Atlanta, vice Mr. J. C. Gregg, deceased. We believe that the appointment of Mr. Hemphill will give general satisfaction to the Press. The Southern Atlantic Telegraph Company. This new telegraph company, which for some weeks past has been spreading its wrings from the extreme northern frontier southwards, has reached Charleston, and Mr. David O’Keefe, the well known telegraphist, has secured the con tract for building the line between the cities of Charleston, Augusta and Columbia. Yesterday Mr. O'Keefe surveyed the route to Summerville, and staked out the distances of his posts, which he will put in position in a day or two. The new line, under Mr. O’Keefe’s management, is oxpected to be put in operation by the 15(h of August. of the Richmond T TLlVVf* OftAA/ ___ _ A gentleman tells the local of the Columbus Enquirer that he saw, the day before, at Opeli ka, bound for Columbus, 10,000 bushels of corn and wheat, and the local moralizes thereon as follows: We suppose it was sent here to be sold on _ credit to planters to enable them to make a huge crop of cotton to be disposed of at 15c. per pound next winter. If this summer don’t make a finish of our agriculturists the next will, un less more com is planted than is generally sup posed to be. With corn at $2 per bushel, ba con at 20c. per pound, and cotton at 15c., what else but starvation can be looked for. DHCISXOVIS —OF THE— SUPREME COURT OF GEORGIA. Delivered at Atlanta luesday, Junelith. (reported expressly fob the constitution, by N. J. HAMMOND, SUPREME COURT REPORTER.] Wm. L. Livingston, plaintiff in error, vs. the City Council, defendants in error. From Dougherty. BROWN, C. J. , . The Mayor and Council of the city of Albany has no power to impose a specific tax of one dollar per head on each horse or mule sold by drovers in said city. They may tax such sales ad valorem. Judgment reversed. James Armstrong for plaintiff in error. No appearance for defendant. Robert Freeman, executor, plaintiff in error, vs. Wm. J. Layton and wife, defendants in error. Will and Caveat from Early. BROWN, C. J. The will in tbfa case shows upon its face that the testator made it in contemplation of the birth of a child or children to him, subsequent to its execution, and the Court erred in instruct ing the juiy to find a verdict setting it aside, because such provision was not made. Richard Rims, A. Hood, for plaintiff in error. No appearance for defendant. Thomas Ozmore, plaintiff in error, vs. Percy Ann Ozmore, defendant in error. Libel for Divorce, etc., from Randolph. BROWN, C. J. The declaration in this case sets forth a cause of action, and the demurrer was properly over ruled. Judgment aflbmed. E. L. Douglass, Hood and Kiddoo, for plain tiff in error,- B. S. Wdrrill for defendant. Wesley M. Blankinship et al., plaintiff in error, vs. the State, defendant in error. Fine on Road Commissioner, from Webster. BROWN, O. J. 1. A proceedingagainst a Road Commissioner under section 701 of the revised Code is not tech nically a criminal proceeding, but a proceeding against a public agent for neglect of duty. And the presentment of the grand jury, mentionedin said section, need not be in the form required in a presentment of a person for a violation of the. criminal la w of the State. In such case tbe Road Commissioner is notentitled to demand a trial by jury- Judgment affirmed. Hawkins & Burke, C. B. Wooten, for plaintiff in error. S. W. Parker, Solicitor General, N. J. Hom- mond, for defendant. Henry J. Lamar, plaintiff in error, vs. S. A. Thornton, defendant in error. Complaint, etc., from Randolph. BROWN C.J. This ease falls within tho scaling ordinance of 1865, and as there was evidence to sustain the verdict this Court will not interfere. Judgment affirmed. E. L. Douglas, B. S. Worriil, Lyon & Irvin, for plaintiff in error. C. B. Wooten, A. Hood, for defendant. Wm. G. Cross, administrator, plaintiff in error, vs. Young Cross, defendant in error. From Lee, new trial. BROWN, 0. J. Where the verdict is wrong as to any of the joint defendants, and the Judge of the Superior Court is dissatisfied with his own rulings on the trial, and has granted a new trial, this Court will not interfere with his discretion, though the ver dict might have been sustained in the discretion if the Court a3 to part of the defendants. Judgment affirmed. Hawkins & Burke, for plaintiff in error. Lyon & Irvin, for defendant. Jcfan Williams and E. R. Brown, plaintiffs in •rror, vs. Isaac Coalson, et. al, defendants ii error. Ejectment from Calhoun county. BROWN, C. J Its an action of ejectment by the heirs at law, proof that the ancestor died, seized and possess ed oi tho premises in dispute, and that they were afterwards by the judgment of the proper court assigned as dower to the widow, and that she went into possession, and is now dead, Gen. Geo. W. Rains will resign as Principal mates such prima facie case, as entitles the P.’okmo.J A o.J. - *T.1 in PTVlflnf'CI cbnu* Academn-=-frnMober - defendants show ] Judgment affirmed'*.-^**’'*—i . . C. B. Wooten, Vason & —avis, lor'plainfiHs in error. Strozier & Smith for defendant. “If all the thieveB in the South were hung,” says the Southern Argus, “there would be an archy in aU the reconstructed States.’’ We don’t know about the anarchy, but there would cer tainly be a great scarcity of hemp unfit the next crop comes in.—Courier Journal. * ' 4 And of Radical politicians, tq^f The Columbus Sun says a negro Baptist Church, on the Mobile & Girard Railroad, near that city, was struck by lightning, and burned to the ground, Sunday morning. The Enquirer says: Eagle and Phcenix Items.—Tho Company received Monday three handsomely gotten up diplomas from the Louisiana State Fair—1st for the best cotton and woolen goods; 2d, best sewing thread; 3d, best cotton blanket made in the Southern States. Medals were awarded by tbe same Fair for these goods last year. The Company aro turning out a new fabrio for gents and boys pants and coats—being made of a French sample recently sent out.— The goods is heavy twills, of white and blue colors, and appears superior to anything in its line. The bolt we saw is better than the French sample and cheaper. In Franco it is worth 40 cents in gold; here, only 33 cents in currency. Between 400 and 500 hands now find employ, ment at mill No. 1 and 2, which number will be increased. Mr. G. J. Foreacre, tho Sun leams, hns been appointed Superintendent of the Western Railroad—the one between Columbus and West Point and Selma, Alabama—a portion of the line being what was formerly known as tho Montgomery and West Point Railroad. The editor of the Sandersville Georgian has recently visited Macon, and indulges in these reminiscences: We visited Macon, that is wo passed along the old federal road through what is now Macon, first in 1822. But the settlement on tho east side of the Ocmulgee, known as Fort Hawkins, was an tho of improvement that we saw on either side. In 1824 wo were tu aiaoou. proper and thero wero two stores. Tho build ings have long been removed. The Macon of 1824, did not foreshadow the city of to-day, cov ering an area of miles, with a population vari ously estimated at from 25 to 35,000. (Both too high—Editors Telegraph and Messenger. In 1824, there was not a railroad in tho world, and the Ocmulgee was the pathway to market. The voyage to and from Darien in pole boats was made (we believe) in from 6 to 8 weeks.— Now Macon connects with Savannah by tho Cen tral, with Atlanta, by Macon & Western, with Columbus and New Orleans, by tho Musoogee; with Americas, Albany, Cuthbert, Eufaula, Ala., by tho Southwestern; with Brunswick, by tho Macon and Brunswick Railroad; and will soon connect directly, with Augusta, by tho Au gusta and_ Macon Road. Like Atlanta it is a city of Railroads and one of the best markets in Georgia. Of easy access to this country, many of our merchants and planters have been attract ed thither, and there is little doubt, that its su- porior commercial facilities, and the enterprise of its business men, will command a large trade even from this county. Eighteen Federal soldiers left Atlanta, Wed nesday evening, bound for Cairo, Decatur coun ty. What trooly Ioil man down there haB been caught doing something mean? The looms for the Palaski factory have been bought and paid fgr, and will soon be in Haw- kinsville. portions of Pulaski county wero visited by a wind storm on Snuday. Trees, fences and com were blown down. The Atlanta Sun says: Fourteen colored men were at the car-shed yesterday afternoon, on their way home. They had been in the Penitentiary, having been sent from Graene. county for having been engaged te-ariotr They were pardoned by Governor Bullook on Monday. Recently they have been working on the Air Line Railroad. Smith Treadwell vs. Wm. J. Phinizy. Motion for Dew trial from Terrell. WARNER, J. _ When thero is evidence on both sides in rela tion to the matters in controversy between the parties, and a motion for a new trial, on the ground that tho verdict is contrary to the evi dence, this Court will not control the discretion of the Court below in refusing to grant a new trial. Judgment affirmed. 0. B. WooteD, D. A. Vason, for plaintiff in orror. F. M. Harper, Lochrane & Clark, for defen* dant. D. F. Bryan et. al, vs. The Southwestern Rail road Company. Motion for new trial from Randolph. WARNER, J. When a suit was instituted by D. F. and H. M. Bryan, against the Southwestern Railroad Company, to recover damages for a breach of contract for the delivery of forty thousand cross ties along the line of said road, between Dawson and Cuthbert, in the county of Randolph, and tho defendant plead the statute of frauds against the plaintiff’s right to recover; and, upon the trial of the case, it appears from the evidence contained in the record, that Crews, in the fall of 1865, made a contract with tho agents of the defendant, to supply the road with forty thou sand cross-ties between Cuthbert and Dawson to be delivered as soon as he could reasonably get them, to be paid for when delivereed. Noth ing was said about the price, but understood the road at that time was paying twenty-five cents per tie. Crews transferred ms contract to the plaintiffs, who, at considerable expense and labor, made the necessary arrangements and preparation to perform the contract, by pur chasing land having the timber on it, hiring hands, purchasing mules, wagons, axes, provis ions, etc. The plaintiffs commenced getting the cross-ties under this contract in January, 1866. and delivered to the agents of the defend ant on tho road, thirty-four hundred and twelve cross-ties, for which the road paid them the es timated prices of cross-ties at the time of deliv ering thereof. There is evidence in the record that the agents of the defendant knew that the plaintiffs were getting the cross-ties for the road under the Crews contract. In June, 186G, the defendant notified tho plaintiffs that no more cross-ties would be received from them for the roao, and o»« of the plaintiffs told Heard, one of the agents of the defendant, that, ir tLo OOZtt pany did not allow them to finish their contract that they would sue the company for a breach of tho contract, whereupon Heard replied: that if they did it would be impossible for them to get anymore cress-ties for that road. The jury found a verdict for the plaintiff for two thou sand dollars damages. A motion was .made by the defendant in the court below for a new trial on the following grounds: First, because the court had no , urisdiction of the suit in Randolph county.— Second, because the verdict was against the evidence had on the trial, and was without evi dence to sustain it, Third, because the verdict was against the law. The court sustained the motion, and granted a new trial, which is ex cepted to here as error. Held, That when a defendant is sued and ap pears, and pleads to tho merits of the suit, without pleading to the jurisdiction of the court, and without excepting thereto, he thereby admits the jurisdiction of the court. Held also, That there is sufficient evidence in the record of tills case to authorize the jury to find that the defendant made a contract with Crews for tho delivery of forty thousand cross ties, to bo delivered on the line of the road, to be paid for at the estimated price thereof at the time of deliveiy, and that thero is sufficient evidence in the record of the recognition by tho defendant of tho transfer of the contract by Crews to the plaintiffs, and of such part performance of it on their part, as well as on the part of the defendant, ns will take the case out of tho statute of frauds, and require its performance on tho part of tho defendant Held further, That as a general rule, remote or consequential, damages are not allowed whenever they cannot be traced solely to the breach of the contract, or unless they aro capa ble of exact computation, such as profits, which arc the immediate fruit of the contrnot, and are independent of any collateral enterprise entered into in contemplation of the oontraot, but that any necessary expense whioh one of the con tracting parties incurs in complying with the contract may be recovered as damages—Code, section 2409. Held, That inasmuchas there is no exception to the charge of the court as to tho law,applica ble to the facts of this case, and there being sufficient evidence in the record to sustain the verdict, and the question of damages for a breach of the contract being one for the jury alone to consider, as provided by the 2496th section of the Code, the verdiot is not so exces sive as to justify the inference of gross mistake or undue bias on the part of the jury as will au thorize the Court to interfere with it. Judgment reversed. H. Fielder for plaintiff in error. A. Hood, Lyon, deGraffenried & Irvin, for defendant. Supreme Court ot Georgia. Jane Term, 1870. DAILY PROCEEDINGS. Wednesday, June 15, 1879, Several orders were granted to establish lost papers from Schley county. Argument was resumed and concluded in No. 30, Pataula Circuit. It is Bryan, et al vs. The State—Rule vs. Road Commissioner of Ran dolph. Col. H. Fielder for plaintiffs in error, and S. W. Parker, Solicitor General, fox defend ant in error. The continued cases from the Chattahoochee Circuit were next in order. No. 12—John Walker vs. James Jackson— Ejectment, from Schley—was dismissed because plaintiff in error had not prosecuted his case with sufficient diligence. No. 2—Cartelaw vs. Meyer—was transferred to the heel of the Circuit. No. 7—Wells vs. Blount and Mathews—Com plaint from Talbot—was dismissed because not certified within the time prescribed by law. No. 13—Mahone, Administrator, vs. Howard, et al—Equity from Talbot—was argued for plaintiff in error by General Bethuno, and for defendant in error by Mr. Willis. No. 14—Darden vs. Carhart & Bro.—Com plaint from Talbot—was argued for plaintiff in error by General Bethune, and for defendant in error by Mr. Willis. . No. 30—G. H. Brown vs. The State—Indict ment for keeping a gaming table, from Muscogee —was argued for plaintiff in error by Col. Jas. Ramsey, and for defendant in error by Col Mark Blandford. No. 1, Chattahoochee Circuit—Belk vs. Smith —Compiaint from Marion—was transferred to the heel of the Circuit. No 3, Chattahoochee Circuit—Smith et al. vs. Boatrite, et al—Equity from Marion—was dis missed because the errors complained of were not distinctly specified. No. 3, Chattahoochee Circuit—Sales vs. Ordi nary of Chattahoochee county—was argued for plaintiff in error by John Peabody, Esq. No appearance for defendant in error. The Court adjourned till 10 a. sl to-morrow. [Era, 16 th. Thursday, June 16, 1870. No. 5, Chattahoochee Circuit—Alexander F. Owen vs. Jas. T. Willis, administrator—Com plaint and dismissal of plea from Talbot—was argued for plaintiff in error by Judge E. H. Worrell, and for defendant in error by Mr. Willis. No. 6, Chattahoochee—Isaac Cheney vs. Wm. Keller—Refusal of an injunction from Talbot —was withdrawn because prematurely brought. No. 7, Chattahoochee Circuit—Jacob M. Gay vs. B. T. iPeacock et al. Equity from Schley —was argued for plaintiff in error by Gen. Phil Cook, and for defendants in error by Messrs. Mark Blandford and B. B. Hinton. No. 8, Chattahoochee Circuit—John T. Crain vs. Stephen A. Sellars—Motion for new trial from Schley—was argued for plaintiff in error by Col Mark Blandford, and for defendant in error by Mr. Smith, representing Samuel Hall. No. 9, Chattahoochee Circuit—is Benjamin Davis vs. T. B. Myers, Sheriff, et al—Rule vs. the Sheriff from Schley. No. 10, Chattahoochee Circuit—is Isaac Ter ry vs. T. B. Myers et al—Rule vs. Sheriff from Schley.—Era, 16 th. Friday, June 17 1870. Argument in the case of Benjamin Davis vs. T. B. Myers, Sheriff, et al, and in tho case of Isaac Terry vs. T. B. Myers, Sheriff, et al, was resumed and concluded. Judge Richard Clark for plaintiffs in error, and M. H. Blanford, Esq., for defendants in error. An order was passed to enter the judgment, nunc pro tunc, in the case of Frank Smith, et Jones vs. John tfia record was not certified within the time prej soribed by law, was overruled on the ground that plaintiff in error had not shown sufficient dilligence on his part to have the record so cer tified and transmitted. The case of Joseph L.[Belk vs. John L. Smith was withdrawn. No. 11, Chattahoochee Circuit—TIson vs. Sellars—Award from Schley*—was argued for plaintiff in error by Judge E. H. Worrell and for defendant in error by M. H. Blanford. No. 12, Chattahoochee Circuit—C. Lopez vs. Felix MoArdle, administrator—Equity, from Muscogee—wasdissmissed because not certified within the time prescribed by law, plaintiff in error having failed to show sufficient dilligence on his part to have the record so certified and transmitted. Pending argument in No 13—Calhoun vs. Kel logg—the Court adjourned till 10 o’clock, a. si., to-morrow.—Era \ 8th. From Macon County. Montezuma, Ga., June 15, 1S70. Editors Telegraph & Messenger: Who ever has control of the raining department is certainly absent, and left an unlimited order as to the quantity required in this section at this particular point of time, and unless a speedy return, and countermand of the order, wo will soon have to go in quest of “Gopher Wood.” It is a difficult matter to tell, in the absence of a rain guage, the quantity that has fallen and is now falling here [ suffice it to say it is an extra-abundant quantity, “the same” causing an advance on our present growing crops, in the way of grass, weeds and other living things equally as deleterious to our planters as other “advances” I know not of. Trade, with the exceptions of the purchas ing of a few necessaries and a fewgew-gaws of fashions for tho fair ones, is quite dull I have reference to tho credit, trade; tho cash trade, like tho ghost of constitutional freedom, very seldom makes its appearance; so much so that the party who pays it, if not a stranger, is generally charged for the article he ha3 paid for, the draft and lien system having become so universal. Since the passage by Congress of Exera- billeillud stahitum to enforce the Fifteenth Amendment to the Constitution of the United States, but little is heard of politics., for any conversation on this subject is considered as suicidal as well as compassing the death of the King.” Wonder if they struck out the reme dy, by mandamusj given to the unsuccessful Radical candidate in said statute. I cant see how mandamus will operate in such a case as a legal remedy. In such cases it is wholly un available and will not lie as provided for, or was provided for in said statute: I am of tho opinion it was an error of some kind, and the author of the bill orignal intended the recent remedy known as fuse Major Eascal-damus, which has been used with marked success re cently, the legality of which having never been tested, in consequence of the proximity of till military.. For fear I might influence your vote, and you might be so foolish as to think I had $5.00,1 will not indulge in any more of the po litico legal, but will remain “trooly loil” and quietly. • Yours. - |>t Flint. Exhausted at Last.—The British papers com plain of a deficit of over tlueo million dollars (£625,000) in the East Indian budget, notwith standing increased taxation and reduced expen ditures on tho public works* The immediate cause is alleged to bo a break-down in the opium trade. Tho Chinese now cultivate tho poppy and poison themselves on homo products. Tho wealth of tho Indies” is going out at Inst. The typeB made us talk great nonsense in our notice of Rcado’s last novel. IVe used tho word “lacks,’’ and they put in tho “lacking." Wo said certain things were “utterly indefensible,” and they said ^“utterly indispensable," which last mistake was vory discreditable, not only to tho types but to the man who stuok them up, to make such asses of themselves. Death of John D. Liddon. Died on the 4th of May, J. D. Liddon, in the 17th year of his age. He was the only son of a widowed mother, and died just as that mother’s fondest hopes began to be realized; hopes cher ished through aU the meandering vicisitudes of childhood and youth as only a mother’s hope can be just as the goal as she had looked for with the eye of faith through the alternate mists and sunshine of long years of widowhood, of toil, sickness and care, was about to be reached; that seeing her only son, a virtuous, useful and industrious man, having a strong, willing, arm on which to lean for protection in her declining years, when she would most need them, an arm that would grow strong as she grew weaker; and in the evening of life ttaiding her son that tec-- der find loving support which would doubly re pay her for aU her past care and toil But how vain are all hopes, human, and the calculations arising therefrom. Little did that fond mother and sisters think that so soon would all their fond hopes be blasted — that the castle they had been building for years, so near its completion was to tottle and fall, and crumble to dust. Tho flowers they had planted years ago and watered and nurtured with love and hope, and sometimes with tears, and tended with such watchful care and tenderness was to fade, wither and die in a few short hours, leav ing only their pure, lasting fragrance behind to consecrate the memory, to cheer and enliven the otherwise desolate spot where they grew. Little did they think that the angel of death was hovering so near that he had poised in his wan ton flight and settled among them, and was watching with eager eyes and merciless talons, his prey, and when he again expanded his dark wings and soared away all that remained to their mortal vision of the one they loved most would be his lifeless, pulseless clay. To human wisdom and understanding John nie’s death was premature. He was cut off in the early flush of his happy, joyous youth, just as he began to understand and prepare for the intensity of life—just at the time when all was clear and beautiful before him—ere a shadow had fallen across his bright pathway—just at tho ago when young hope begins to expand her new fledged, glittering wings in the enchanted reg ions of the ever distant and, to yonth, ever eolden fntnre. But to Omnipotent Wisdom and Goodness his task was done—the work which he came to earth to do was finished—his mission had ended—the appointed hour had come—the appointed hour, ne'er too soon nor late—when this earthly partnership of spirit and clay must be dissolved, the one to be laid in the cold silent tomb, to moulder away to its native dust, tho other to wing its way to a higher sphere of existence to associate with kindred beings and its God. Yes, mother, sisters, un cles, aunts, cousins, all who watched over him with such yearning tenderness and sympathy in his last hours, Johnnie is keeping the family record in Heaven. Can you not see him, with an eye of faith, with a happy smile on his bright, angelic face, beckoning you on—waiting, with pen in hand, to record your names in that book whence, once recorded, they will never be erased? . . . Reader, to say that Johnnie Liddon was a good boy would be but fully expressive of his life and character. He was an uncommon boy, such a one as we seldom meet with in this de generate age of this age of corruption and de moralization, especially in city life, where there are so many temptations to yonthful sin and dissipation. It is true he had that greatest of earthly blessings—a good mother, to whose sole guidance he was left at an early age, his father having died when he was only three years old. Notwithstanding a boy having a good mother may account, in part, for his good morals, it is not always the case, for many a good mother has had a wayward son. Johnnie was naturally inclined to be truthful, honest and pious from early childhood, and as ho grew older under good precept and examples these good principles and habits grew stronger and firmer. His genius and intellect was of a high order, not inferior to his social and moral qualities, and these combined, had it been God’s will for him to have lived to the years of maturity, would, no doubt, rendered him a shining light in the firmament of the moral and intellectual world and a bright ornament to society. He was steady, industrious and faithful in business, and had the confidence and respect of his em ployers ; was true and constant in friendship; beloved and respected by all bis acquaintances; he was gentle and affectionate at home with his mother and sisters; he was the center around which all the hope, love and pride of that little home circle gathered; the pride and joy of his widowed mother’s home; the household angel: he had a pleasant, genial smile on his bright young face for all he met, and a cordial for ail he knew: he never left his mother’s house uiguu wiuuuu ■» vvuaeui,. -„/} approval, and never failed to tell her, on his return, had been and how he had employed his time; he never sought amusement or pastime in vicious company or bad habits, bnt always de lighted in the company of the pure and good. He told bis mother, before bis illness, that in health was the time to prepare for death. On his death bed he warned his comrades to leave off their bad habits and turn their thoughts on better things. He wa3 to have received the rite of confirmation in tho Episcopal Chnrch in a short time, had he lived. If tears and pray ers conld avail, Johnnie would be here now; but they cannot, though hearts may be wrung with mortal anguish and bleed, and break and die, it cannot alter the decrees of Providence. God’s only appointed will is done, neverthe less ’tis well; ’tis merciful that we do not for- see; that the book of Faith is sealed till it i3 opened and read as it transpires. Reader, it is our duty to submit to the will of God with patience and resignation, be it as it may, saying, feeling it is well: Thy will be done. In this, as in all things, I recognize the work of Thy hands, and, with Thy help. I will conform to thy righteous decrees and mur mur not Dr. John W. Strother, died at Banesville, Ga., May 28th, 1870, aged 68 years. A good man, ho "died in peace, and in the faith of the gospel Died, in Jones county, Mattie Udora Had dock, tho only child of Mr. and Mrs. Joseph Haddock, departed this life June 5, 1870, aged one year, four months and twenty-three days. After a protracted illness of nine days, the mes senger of death came and wafted her innocent little sonl to that bright land above. J. R. Andrews. An Ohio Belle.—A singular shooting affair occurred recently at McArthur, Ohio. A local paper says: “Miss Sarah M. Sage, connected with one of tho best families in the village, and one of the most beautiful and brilliant young ladies in the community, has been for some time blindly infatuated with a young man by the name of Mack Will, who is also of the most re spectable connections and of good talent, but whose habits of intemperance havo become of the most fearful character. The lady devoted herself to him, making every effort for his re formation, but apparently without the slightest success, and, becoming maddened by the fruit lessness of her efforts, concluded to hold the saloon-keepers responsible for her failure. On Thursday night between 9 and 10 o’clock she visited tho saloon of Patrick O’Keefe with a loaded six shooter, and, opening the door, fired npon O’Keefe without effect. She then entered the saloon and' accused O’Kcef 0 of selling liquox. to Will He denied, and some altercations ensued, when she shot again without effect. A bystander then grasped her hand and threw it down, and in .this posi tion sho again fired, the ball passing through her shawl and lodging in the thigh of O’Keefe, in flicting a serious and painful wound. She was then placed outside of the door, and went away. The next morning she was arrested and token before a justice and discharged on some tech nicality. On Friday she was reairested on a warrant from a justice at Hamden, where she waived an examination, and held was to answer at court in tho sum of $500. On the same day Will and a married sister of Miss Sage ap peared at Hamden, and the party proceeded to Jackson, when the belligerent lady and her spiritous lover were safely linked in tho silken chain of matrimony. Natoleon, while visiting a carriage manu factory in Paris, the other day, was approached by a workman, a native of Corsica, who re marked, with familiarity enough, that they were cousins, since a Bonaparte married one of his ancestresses in the last century. “My cousin,” said tho Emperor, “I am incognito—be you equally so.’’ “Plantation Manners.”—This used to be a pet phrase with the abolitionists Bfefore the war when speaking of Southern men in Congress who wouldn’t be called names without punching tho callers’ heads. The Cornier Journal thinks, however, now that Senator Chandler, of Michi gan, calls Hatch “a worthless scoundrel,” and Fitch, of Nevada, says somebody is a wicked The Cotton Situation Watts & Co.’s Weekly Cotton Oiretf.- I Liverpool 3a of June, has tho following. ^ I The receipts at tho American , almost ceased to have any marked effe * I market; the receipts last week wern' 1 ° a at 30,000 bales, against 44,000 the ^ f°Xell week, a falling off of 14,000, whereas ,?^ crease the corresponding week of last only 2000 bales. Telegrams report re/J b > I the^rstsix days of tbe past week at 17 ! i I which indicates a further decrease thi ! !, f‘. I nearly 10,000 bales, against 3500 decre-« I week last year. During the fortnight f' 1>: I this date last year, the decrease in I was only about 500 bales per week L ! the decrease during the past fortnight I as if we may reasonably calculate udou ^ I more rapid decrease during the co^ 111 ^ I night, and should this proveto be f ' ,r -1 will tend to strengthen this market case iit I as it will lessen tho current estimatesI quantity available for shipment to EurmLt li 'l now until the incoming of the new cron frr ' I The advices from India are at preset ,■ sorbing topic of conversation on ’Chanw ^ actual sailings from Bombay last month 7 ^ Europe are variously reported at 215 onnt J? I 000 bales, of which about 182,000 were tn I Britain, and remainder to the Contineri “S? receipts at Bombay from the Up-count J ^ ported as unusually large ; bnt tho advir-^ 15 ' so conflicting we are unable to arrive ,, we consider reliable figures. The qra“.n 5: cotton on shipboard in the harbor is tenn f", ** telegraph of 30th ultimo, at 200(j£rKi J l against 167,000 at same date last year figures are, however, very deceptive ***** learn it has now become a very common 6 tiee to enter at the Custom House of Bo IS? 1 cotton as ha vino gone on shipboaid boe^-•’ weeks in advance of the actual shipmen’ tv 3 it appears, is done in order to make it ’ that certain vessels have the larger port ; c .. their cargoes engaged. Messrs. Bell, Venn, 1 Lucius, give tho receipts into Bombay seven weeks ending the 15th April a t 070 cwt., against 1,253,040 hundred weinUa^' ■ iug same time last year; if reduced to uf this decrease is equal to about 1*' bales per week. They give receipts durinstk. fortnignt ending 29th April at 452 | against 380,412 cwt. same time last yea increase equal to about 10,350 bales per ml I The increase since 29th April appears from td. i grams to have averaged some 25,000 to4am, bales per week. ’ Supply.—Above we give our usual table I showing the estimated visible supply ^5 now shows an excess this as compared vithki year of 47,121 bales, wherpas by our last ream the excess was only 23,030 bales. TM3 chats is, however, more apparent than real, and! explained by the fact that daring the past met spinners have taken from this marketoaly U. 470 bales against 64,000 same week last \eu I In order to show more fully and clearly theij. I tnal position as compared with last year, tt I would invite attention to the followiug table e I supply on the 28th ultimo: 1 . T . 1870. 1K3. Stock in Liverpool and London 633,070 488,2?; Afloat from America-156 000 “ India.—330.000 6:8.900 Stock held by spin- ners(cstimatei) 54,000 101.«m Total Great Britain— 1,182.010 i Stock in Havre....—..137,070 £4.800 ' 1 Stock in other Conti- nental ports £0.509 ' 43,300 Afloat from America. 55,095 tSJ.so “ India— 66,321 lii,sT.' Total Continent 338,986 ; Stock at American ports - 310,0)0 Stock on shipboard in Bombay 290.000 Grand total — 2,631056 l! In this table we have included shipments frm I America and Bombay to the 28th ultimo, asn- j ported by telegraph, and from India ports other I than Bombay to the latest mail duties. In or. I der to arrive at the stock held by spinnersi: I this country, wo have taken the delivery figtw I of the Liverpool and London Cotton Broken I Association, and assumed that since the com mencement of this year tho consumption of tti country has averaged per week 52,000 bales, against 48,000 last year. Now, the point to which we would specially direct attention is tie I fact that the deficit in the supply in and doit for Great Britain exceeds 200,in a 1 kfi more than sufficient to absorb the entire eia* in the stock at tho American ports and on slip- board in Bombay. The Manchester market has during the past week been quiet, and prices the turn in favorrf buyers. The advices from Calcutta have, hot-1 ever, imparted some degree of firmness dnrinr I the past two days, and the indications are that I a small reduction in prices a large bnsicesscaM I be done in both cloth aafl yarn. Qnotatios I are ror oRb shirtings 1039dtolls ljdperpiecr I No. 40 mule yarn, common 15|d, best liil The trade are reported to hold but small stock j of goods, etc. Affairs in I,ee County. Smxthville, June 12,1S70. Editors Telegraph & Messenger: I sec!I a report of affairs in Lee. The prospects vert I never better for good crops, both of corn anil cotton. Both are a little more backward tlal last year, but cotton has a good stand andyfll can see whole fields which average knee hit!? j and will have plenty of blooms by the 20th i this month. All are ready to lay-by tlel corn. Laborers are diligent as a general thiiil 1 have thirty acres under cultivation to ewj hand and my crops are in good order, £| some of my neighbors have the same. I s| some fields of corn tasseling and silking, tl we have plenty of rain. It has been nml all day, and with no disaster old Lee will cil more cotton than any year since the war- I I am sorry to say she has not corn cdk?| planted; but all of our farmers say anc:-l year they will plant one-half of their bni: I corn. But so they say every Bill and forge; 1 1 in the spring. [This time tiny icill rema&l —Editors. ] I know some families who b' I been buying* corn for bread and stock at J- | a bushel the whole year. . L The weather is wet. It has been raining^! three days, and farmers will be runaway **1 crass if it goes on at this rate much l<wp-;| Wheat was a complete failue. Cane hi:-I most played out. Field Peas ditto. _ .1 On an inspection of my cotton this mowfi j I found some of it three feet high, and j r; -J twenty to thirty squares on the stock. Ip;I ten acres which I think in two weeks | a full crop on it. Gardens arc fine. mellons will be splendid. Chickens few or none. Peace and good order P KV r.l If we are let alone old Lee will work ost temporal salvation. T> Terrapin ts. Turtle* ^ Dougherty County, Ga> Juue 14,1^1 Editors Telegraph dc Messenger: in your most valuable paper uf account of an Upson county turtle, cae? . J Potatoe Creek, which I thinkI«a? a Dougherty county terrapin. This weighed fifteen pounds, had one hr ma "'... ; l forty-two well developed eggs, and I small ones. lie was striped like anr .^j terrapin, with a small head. I ®®®* my cotton field, fifty yards fro® *, branch that runs through the fi e ‘ a Touches into Flint River about ..^l yards from where he was found. 4 ce ,^1 two leeches on him at the time he ** I would like for some friend to tdl ® e . ^1 he Iiaiied from, or can any one best* ■ side of the sea? FO****. ■ — From MlHedgeriUe. Melledgeyille, Ga., J® 5 * > Editors Telegraph <& Messenger A few notes from this quiet town 0 -, ^ ville may provo of some interest ers. This old town wakes up oc ^ a ' ! ?[. to 'foL- ■ its old fogy ways and seems to desn» the example set by some of its For example: a stranger arriving 1 “ . ^-.j: terday evening discovered at some m ahead of him a red flag hanging. 0 ’ 1 - of the stores as a sign, when he_ **“ quired if- wo had the Small Fox m , . t [cb* r | On proceeding he noticed that &ll0 r.t [;| iness houses were closed, (it oeiu c o’clobk) and he at once wished w | was dead. . , . e The merchants and their c ;'-‘ «l! from their labor and this lnoniiagmr. much refreshed, and the T3^1ag e w appearance. , -Mg. YYe have pleisty of rain and good The Chinese.—The Herald ttitf 1 and cowardly liar, a disgraoe to his profession g 0 i ng to be the very mischief i» aud a yelping coyote,” the boot seems to be on 0 n the question of those Celestial sfi he other leg. on the question, nd factory hands.