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The Georgia ~W~eekly Telegraph and Journal <fe JVIessenger.
I j^aph and Messenger.
jyCOS, JUNE 2 1 , 1870.
^oisioirs
—OF THE—
$UP@E COURT OF GEORGIA.
..^at Atlanta, Tuesday, June Uth.
j. srr .l!S8LY FOB THE CONSTITUTION, BY
SUPBEME COURT BEPOBTEB.]
rimnndson VS. John Snyder & Co. Mo-
J^Ton forncw trtal, from TerrelL
^ .motion was mado for a D6W trial in a
* term of the court at which the case
1 <**• (Land the interrogatories containing the
rt*'^’testimony could not be found so as to
tn brief of the evidence aB required by
the court. audit being represented
g, jsie or t the plaintiff’s attorney had the
I ■»** C °^niie3 in his possession, the court pass-
jjierr^S 3 "-hat the defendant’s attorney be al
ii 18 the next term of the court to file a
evidence in ffie case, ond that it be
brief o| “j, va j;a 6S if filed now. At the next
the court the plaintiff’s counsel moved
« !B10f jte dismiss the motion for a new trial
lt> «^‘and that the plaintiff’s attorney did
os • the interrogatories, which was shown
The court dismissed the motion
to the nd wou ld not allow the brief of
for»® e *jo l>e thon filed on the ground that
rnf the court extending the time had
th*«•*?*. 0 „ a mistakenassumptionof facts.
That the order of the court extending
"V ’ mine a brief of the evidence was
of the court, and if rendered on
^ pigmenthonestly believed to
‘-^n trae a the time, though afterwards
^ a mistake to far as the
counsel having the interrogatories in
^session; still, the judgment of the court
k 5 Pv„l’,hA time should not be set aside on
alone, and the party moving for a
^ima, deprived of his rights under tho or-
' a i’ndement of the court, when acting in
d! \ faith |, n d under an honest mistake as to
use interrogatories were when the same
Jjriii not be found,
lament reversed.
C it Wootten, by W. A. Hawkins, for plain-
^“n^eGraffenreid and Irvin, for defend-
jjt id error.
. n Cameron, et ah, vs. Alfred Kersey, et
»L Ejectment, etc., from Lee.
'u'ben’the plaintiff in an action of ejectment
r'ered in evidence the copy of a grant from
Restate to the drawer of the lot of land sued
;■ tn d his counsel stated on his oath “that the
U nal plat and grant for the lot of land was
Jfin bis power, custody or control; that he
unr called upon the defendants for it, nor did
t 4 *ive them notice to produce it, and that he
hd an interest in the land,” theseounsel for the
Sudanis objected to the introduction of the
grant in evidence, on tho ground that the
bad not complied with the 43d rule of
tWi. so cs to authorize the introduction of
a, secondary evidence, which objection was
orerraled by the Court, nnd the copy grant was
jiivid to be read in evidence to the jury.
That when a party seeks to introduce
the copy ef a grant in evidence, he must make
cilii that the original is not in his power or pos-
find that he does not know where it is,
in order to lay the foundation for the introduc
tion of such copy in evidence to the jury.
Judgment reversed.
Y„.'un A Davis, Loclirane & Clark, for plain-
tit tu error.
liiwkins & Burke, for defendant.
Kiri;..ml Co., vs. H. I». Herrington, administra
tor. Utile vs. Sheriff, from Quitman.
WAKXEK, J.
VTten a motion was made in the Court below
hi a new trial, and no brief of the evidence in
corporated in the bill of exceptions, or At tached
ike‘.0 as provided by the 10th rule of this
Cam, the writ of error will be dismissed,
brit of error dismissed.
Harris A Hobbs, Lochrane & Clark, for plain-
ais tit error.
So appearance for defendant.
Taos. Walker & Co. vs. Mercer & DeGraffen-
tti!. Certiorari, from Dougherty.
WISER, J.
YiLtii the plaintiffs sued the defendants in a
Jr.-rice Court on an open account for ©17, the
fist item »f which was charged in November,
ami the last item of which was charged
v-a tii 1.1th September, 1862, and the defend-
u:> plead the Statute of Limitations in bar of
m plaintiffs right to recover. The Justice over-
raleiltLe plea of the Statute of, Limitations,
tad gave judgment for the plaintiffs.
An aj.plication was made to tho Judge of the
»-trier Court, fora certiorari for alleged error
the- ruling of the Justice, which was refused
lv the Judge.
f/i.V, That the amount sued on being one
i-.ir-:- account between the parties, that the
Stasnit- of Limitations did not begin to run
ba.nst the stme until the date of the last item
- said account, and that four years had not ex
pired from tho loth September, 1802, to the
trw of the adoption ot the Ordinance of the
Convention, in November, 1805, suspending
the operation of the Statute of Limitations, and
th«t the plaintiff’s right of action was not
Urred,
Judgment affirmed.
l...oa A Davis, G. J. Wright, for plaintiffs
it trror.
&cz;er A Smith, for defendants in error.
i'i'doaqhby Jordan, guardian, etc., vs. Lewis
lh Miller, executor. Bill for direction, from
Litdolph.
VAKXEfi, J.
'•hc-a a bill was filed by the executor of Wily
killer for direction, the following facts were
~*}c*cd on the trial:
■-•- the testator died in 1805, leaving a will,
;•- ■ ui»e of which is in the following words:
J and direct that my son, Iverson G. Mil-
• r. t -.ke, as a part of his portion, the negro
Peter, who is now in lus possession, at
hundred dollars, nnd my negro boy Green
r v - . itiou: and that he take, at his choice,
j-Jt..; laid No. 171* atone thousand dollars, or
"ts ef land Nos. 17b, 178, 105 and 100 at a fair
bdti.Ui.ui, said lots lying in }he fifth district of
Ibudolph county;” that Iverson G. Miller, the
k'iv e named in the will, is dead, leaving Mis-
sf.iin I*. Miller, his infant child, his only legal
ftp;-- -c ntative; that the four lots of land men
tioned above were appraised by the appraisers
typumted l>y the ordinary to be worth ©2,400;
that the guardian of Missouri F., the infant
ckii l, with the assent of the executor elected to
taku the four lots of land at the appraised value
■hereof, and went into the possession thereof in
Lor right, and is now in the possession of the
same. The obligation made in the complain
ant’s bill in relation to tho execution of this
tlrtu-c- in the testator's will is “that the words
and directions contained therein are so con
futed and unintelligible as to render a construc-
’•"ti c-r safe execution impossible l>y your ora-
t r r.s exeentor.” The decree of the Court in
b-Mtion to the rights of Missouri P., under this
eh-i-e of the testator's will, is that the comiuis-
-‘“t.i-is appointed to divide the testator’s estate
•jfring the legatees named in the will, “shall,
“ter deducting ©1,200, assign to her one share
said estate, (there being nine shares) who
ran f leet to take lot No. 17'J at ©1,000 as part of
v said share; if said land amounts to over the
dtnre, .he shall refund the surplus to the com
missioners; if it amounts to ©1,200, or more,
retains the ©1,200 she has received under
J 4 *'! will, and the surplus, if any is paid to her
’? s;dd commissioners, and the ©1,200 of the
s haro shall be set aside by the commissioners,
t« be hereinafter disposed of or provided for.’.’
Tbe decree further declares “that the minor
»!],) of Iverson G. Miller, shall receive nothing
'■'tttlihe other children’s shares amount to $1,-
JOO each•
Ihhl, that this decree of the court below, in
elation to the rights of the infant child of Iver-
J an G. Miller, under the testator’s will, as we nn-
“SrsUndit, is erior; there being no evidence
10 the record that tho negro man Peter, was an
advancement made by the testator to Iverson
£> fa his lifetiqie; wiiether he was in his pos-
^ssiun as his (rim property, or as the property
Jj* Ute testator, does not appear from the evi-
•^ce in the record: ;
d, ah), That inasmuch as the guardian of
j 4 infant child, Missouri P., elected to take the
nif ‘ otfi al the appraised value thereof,
., aa »«nt into the possession of the same, with
“w a«ent of the executor, that he is entitled to
iLe same as property of his ward under the
without abatement, so far as tho executor
voncerued, under the allegations in the bill
jy* evidence contained in the record. In
"wter words, the allegations in tho complainant’s
7 the evidence in the record, does not
• we suoh a ct.bo as entitles the executor to in-.
terfere with the rights and interests of the in
fant ward, Missouri P., in the four lots of land,
which she by her guardian elected to take under
tho will at a fair valuation, and did take with
assent of the exeontor.
Judgment reversed.
H. Fielder, for plaintiff in error.
O. B. Wooten, by Kiddoo, E. H. Platt, E. L.
Douglass, for defendant.
TV. H. Mathews vb. James Bra wing.—Possess
ory Y/arrant from Webster.
McOAY.J.
The Constitution of 18G8 transfers to the Or
dinary not only the duties of the Inferior Court
as a body, but nl90 tho duties of each member
of the Court.
Judgment reversed.
Hawkins & Burke, Clark, Pickett, for plain
tiff in error.
No appearance for defendant.
James M. Shivers, vs. Armisted Goor, Abner P.
Goor.—Motion for new trial from Webster.
McCAY, J.
Where there was a legacy in a will “to revert
to the testator’s estate and then over to his
daughter,” in case tho legatees should sue to
compel an account for tho testator’s acts as the
guardian of thelegatee, and the legatees accepted
the legacy and enjoyed it for six years, and there
was no fraud or mistake proven:
Held, That the legatees are estopped from
sning to compel the account.
Judgment reversed.
J. L. Wimberly, S. H. Hawkins, by the Report
er, for plaintiff in error.
C. B. Wooten, Hawkins & Bnrke, for defend
ant.
Dinah Paschal vs. Hector Jones. Habeas
Corpus, from Dougherty.
McCay, J.
A colored child, bom before emancipation,
and whilst his parents lived in what was regard
ed a state of wedlock, who has been acknowl
edged by his father as his child, ia the legiti
mate child, not only of his mother but of his
father also, and the father has the rights of a
parent over him.
Judgment affirmed.
Yason & Davis, for plaintiff in error.
D. H. Pope, by John D. Pope, for defend
ant.
—ir. - *a:
Jacob L. Cobb vs. F. B. Morris, executor,
etc. Motion for new trial from Randolph.
McCAY, J.
Whether an award be illegal or not upon its
face, is a question of law for the court, and is
not an issne to bo submitted to a jury.
2. In an issue formed upon an allegation that
an award of arbitrators was made under a mis
take of the arbitrators, the general merits of the
controversy are not in issne, and it falls upon
the party attacking the award to show the fact
of the mistake, and it not enough to show that
the weight of testimony is against the award,
and from thence infer a mistake.
3. When there is a suit pending, and one of
the parties dies, and the controversy is submit
ted to arbitration, between the survivor and the
representative of the deceased, and there is an
issne formed in the Superior Court, under the
statute to prevent the award from being made
the judgment of the coart, tho surviving party
is not a competent witness for himself.
Judgment affirmed.
B. S. Worxill, J. S. Wimberly, for plaintiff in
error.
H. Fielder for defendant.
Green Kitchens vs. The State. Assanlt with in
tent to murder, from Lee.
McCAY, J.
A charge of the Judge, in a criminal case,
that if certain facts are proven, the prisoner is
guilty, is not error, if the charge is supported
by the proof.
Judgment affirmed.
Fred H. West by W. A. Hawkins, for plaintiff
in error.
No appearance for the State.
John H. David, next friend, etc., vs. South
western Railroad Company. Case from Ran
dolph.
McCAY, 0.
If a widow die pending a suit by her for the
homicide of her husband, the rights of action
for such homicide survives to the children, and
in snch last suit the measure of damages is the
injury to the children, to be measured, as in
the case of the widow, by a reasonable support
for them, according to the condition in life, etc.,
of the father, and according to the expectation
of his life as found by the mortuary tables.
Judgment reversed.
E. L. Douglass, H. Fielder, for plaintiff in
error.
A. Hood, Lyon, deGrafienreid & Irvin, for
defendant. -•
WIio Is lie?
Hon. John C. Conner, representative in Con
gress from Texas, lately made a speech in the
House, wherein we find the following notice of
a “distinguished” son of Georgia now honoring
Texas with his presence. Does anybody know
who is meant ? We thought all that sort had
stayed at home and were earnestly engaged in
tlie patriotic work of reconstruction and devel
oping the resources of their own State. We
hope this notice won’t cause him to be sent for
from Milledgeville for really if he gets back
here there’s no telling how high he might as
pire.
Says the Hon. John:
“An infamous and depraved wretch, an es
caped convict of the Georgia penitentiary, a
notoriousadultererandknownninrdererinTextB
who stands to-day in the civil courts of that
State charged with the last and greatest crime, was,
when I left, supported by that merciful dispen
ser of human justice, the military power of the
State. But, sir, that was not all. It did not
stop with his being turned loose upon the com
munity, bnt with hands dripping with the blood
of a citizen of Texas, whom he had most cruel
ly, most cowardly, and most maliciously mur
dered, to say nothing of his open and notorious
adultery of his former career in the Georgia
penitentiary; this cool, calculating, and villain
ous murderer was forced upon a quiet, peace
ful, and industrious community, amid the very
scenes of his outrages, as nn officer of the law,
by the stem decree of a military order.
Acquitted.—The jury in the Malloy case,
which has consumed tho last week in the Supe
rior Court, after receiving Judge Cole’s charge
yesterday morning, retired and remained ont all
day and until 3 o'clock night, when they re
turned a verdict of “not guilty,” and the pris
oner was discharged.
A large crowd of negroes were assembled
at the City Hall all day awaiting the verdict, and
many were present when it was delivered last
jht. The liberated man was escorted home
by the Sheriff and two or three policemen.
It was proved in this case that Allen Beasley
had refnsed to pay Malloy for the rent of a
house, and that when Malloy asked him for the
money, Allen became enraged and refused to
settle, when Malloy told him that he must either
settle for his rent or leave tho house. Allen re
plied that he would settle when he pleased and
leave when he pleased. While this quarrel was
progressing Mrs. Malloy interfered, and Allen
then began to abuse her in language unfit for
publication, and of the most outrageous charac
ter. Malloy attempted to resent it, when Allen
seized an ax near by and attempted to kill Malloy,
who ran into his house after his gun, Allen fol
lowing him with the ax, and threatening to kill
the whole family. Malloy rushed into a room
where his gun was and got it and returned; but
soon as Allen saw Malloy had the advantage,
he broke and ran into his house, closing the.
door after him, and just as he did. so Malloy
fired, the shot pnssing through the door and in
flicting a mortal wound upon Allen, from the ;
effects of which lie died in two or three days.'.
We can scarcely believe that any unprejudiced
man who heard the testimony and the able ar
guments of Cols. Weems and Whittle, will say
that tho jury could have honorably and fairly
dona anything else than acquit the prisoner.
BY
THo ** Dead Democracy ” In Connecti
cut.
On the 13th inst., the Democrats carried the
city of New LondoD, Connecticut, by ICO ma-
jority. The Radical majority at tho April elec
tion was 110. They also carried Waterbary by
over 100 majority, whioh in April gave over
300 majority for the Radicals. Verily this
corpse is too lively. Why don’t the Jacobins
u tay. it? ’ * “ ; ,’.T '41 j...jot
Congressional.
Washington, Jane 16.—A bill was reported
giving three hundred thousand subsidy to the
California and Australia steamship line, contin
gent upon Australia giving tho same amount.
A bill was introduced providing for the trans
portation of goods in bond from ports of entry
to points of delivery.
The bill establishing a department of justice
was passed and goes to the President. The bill
which passed the House regarding the currency
was read the first and seoond times, and refer
red to the Committee on Finance.
Robertson asked to take up the bill removing
political disabilities, covering five thousand
names.
Mr. Sumner said the bill was too wholesale in
its character. It was postponed by a vote of
28 to 23.
In the Hoose New York and Boston mer
chants petition for a drawback on cotton ship
ped to China after June, 18GS.
Further petitions were piesented for a uni
form rate of tax on tobacco. The bill patting
coal on the free list, reported by the Ways and
Means Committee, has been referred to the
Committee on the whole.
Caba was resumed, and Bingham’s amend
ment adopted by 103 to 86.
The Reconstruction Committee, in a full
meeting, the first one had for a long time, con
firmed the action of Tuesday, and the bill is to
be reported- at the first opportunity, in its orig
inal shape, namely: The Virginia bill with a
militia clause—when tho previous question will
be moved, and it will lie with tho House wheth
er amendments will be allowed.
The Judiciary Committee heard further evi
dence confirming the desperate and unprovoked
character of the assanlt by Woods and Porter.
The only question is wether the House is justi
fied in interferring with the courts, and the
amount of sanctity of person which Congres
sional privileges involves.
The franking privilege was resumed. Tho
amendment continuing the present arrange
ments for exchange and delivery of newspapers
passed—36 to 17. Without final action tb9 Sen
ate adjourned.
The House ordered Woods to Richmond to
testify in accordance with the recommendation
of the Judiciary Committee.
The balance of the day was consumed on
Western railroad matters.
The House passed the resolution allowing
Woods to go to Richmond to testify in a mur
der case, upon the personal pledge form Virginia
Senator Johnson, that the Virginia authorities
would not attempt to take him from the custo
dy of the House of Representatives.
The Justice bill which passed the House and
now goes to the Senate, creates a new depart
ment with the Attorney General as the head, as
sisted by a Solicitor General and two assistants.
It transfers to this department the Solicitors of
the Treasury and Internal revenue, Naval Soli
citor, their assistants and employees, and tho
examiner of claims in state department. The
object being to facilitate tho transmission of
business pertaining to these offices.
Washington, June 17, noon.—In the Senate,
the bill providing a pension for Mrs. Lincoln
is under discussion, Mr. Edmunds opposing it.
10 p. si.—In the House Mr. Cobb, of Wiscon
sin, introduced a bill to equalize counties, which
passed without opposition, which Mr. Dawes
said involved an expenditure of ©10,000,000.
Tho Government Island bill was resumed.
Mr. Washburne spoke, producing reports of the
Engineer Corps, to show that tho Island, if
needed for military purposes, would all bo re
quired, and that it was worth at tho least calcu
lation, five millions of dollars. He opposed
giving this wealthy company, who had already
received from the Government fifty-five millions
dollars, anything more. The long bridge be
tween Oakland and Government Island would
materially interfere with commerce, and it was
the duty of Congress to San Francisco and to
the nation, to see that the navigation of tho
bay was not ignored. The bill was defeated by
a vote of 80 to 82.
District business was resumed and occupied
all day.
The bill pensioning Mrs. Lincoln three thou
sand dollars per annum was taken up—vote 31
to 24. Mr. Edmunds opposed the bill with
some force. It finally went over.
The Postoffice appropriation was resumed.
The amendment restricting the free delivery of
letters to cities of over fifty thousand inhabit
ants, was adopted.
Mr. Ramsay moved an amendment abolish
ing the franking privilege.
Another amendment continuing the present
system of free delivery of newspapers, was
adopted. Recess.
The Senate is in session to-night.
Washington, June 18—noon.—A Senate sub
stitute is reported for the House naturalization
bill, being Senate bill on same subject.
A bill has been reported to incorporate the
Southern Express Company.
A land grant bill, in aid of a lateral road, of
the Ateheson, Topeka and Santa Fe Railroad,
is under discussion.
10 r. il—In the Senate, the bill preventing
cruelty to animals, in this district, passed, and
goes to the President.
The judiciary committee will report on Mon
day tho naturalization bill, with an amendment
in the nature of a substitute. Mr. Conklin
characterized the bill as very important.
A bill was reported granting land and aid to
the construction of the St. James & Little Rock
Railroad.
The Southern Pacific Railroad was discussed,
bat no action taken.
The franking bill was resumed.
An amendment, postponing abolition to
Augusta, 1870, was adopted.
Senate adjourned without final action.
In the House, tho morning hour was con
sumed on pensions.
The Speaker laid before the House the cre
dentials of B. F. Whittemore, member elect
from Sonth Carolina.
Mr. Logan objeoted to sweariDg in a person
claiming to represent the State of North Caro
lina under these credentials.
Mr. Farnsworth suggested that the case be
referred to the committee on elections.
Mr. Logan did not want the case to go to the
committee. The individual had disgraced him
self and the journal of the House so expressed
it, and it was a question for the House to de
cide for itself.
Mr. Farnsworth insisted that it ought to go to
the committee.
Mr. Logan said he did not wish it to go to the
committee, to be pocketed till after CoDgress
adjonmed. He wanted the question settled
now. The election was not contested; only tho
question was, whether the House would admit
him? ’
Mr. Farnsworth could not sec how tho House
could act without a report to go upon. There
was no official record. True, members remem
bered that of some weeks ago, but they could
not go upon that.
Mr. Logan said that to refer it, was to treat
the case with more consideration than it de
served. The House was familiar with all the
facts, and it was a more question whether they
would allow Lirn to occupy a soat in this Con
gress, or whether they would stand by what
their own morals nnd sense of honor prompted
them to do. He moved that as the committee
of claims were entitled to to-day, that the case
be postponed to Tuesday.
jjwta tnii oi eq Ui* owe offT '
After the morning hour it was agreed to.
Garfield offered a resolution that when a
member is expelled, or resigns, pending a reso
lution of expulsion, the caso should be referred
to the committe in which the resolution of ex
pulsion was considered. Referred to the com
mittee on rules.
A large number of private claims passed.
Adjourned.
Andrews, Republicans, Associate Justices.
Church’s majority is 87,912.
Columbia, S. C., June 16.—The State Reform
Convention met lost night. Every county save
nine was represented by white and colored dele
gates. After organizing, the Convention ad
journed to this morning. After an organization
| of the Union Reform party and the recognizing
j of the amendments to the State and Federal
i Constitutions as fundamental law, and an ao-
i complished fact, the body ad j onrned to to-night
j The Union ReformConventionnominated for
Governor R. B. Carpenter, a Kentuckian and
From Washington.
Washington, June 1C.—Judge Hoar has re
signed the Attorney Generalship.
Tho Judiciary Committee has agreed to rec- ] tried Republican, now one of the circuit judges
ommend the House to allow Woods to go to J South Carolina, and who was a Colonel in the
Richmond in custody of its officers going, while
there, and then returning.
Akerman has been appointed Georgia Attor
ney General.
The following is the shape in which the Cuba
resolution was disposed of:
Resolved, That the President is hereby author
ized to remonstrate against the barbarious man
ner in which the war in Cuba has been conduct
ed, end if he shall deem it expedient, to solicit
the co-operation of other Governments in snch
measure as he may deem necessary to secure
from both contending parties, an observance of
the laws of war recognized by all civilized na
tions.
Revenue to-day ©698,000.
Mr. Heaton, member of Congress from North
Carolina, is seriously sick.
Robeson, on the Tallapoosa, leaves in a few
days to inspect the various navy yards.
The Secretary of the Interior telegraphed
Red Cloud that the Government fully consented
to give his party the seventeen horses asked.
Red Cloud telegraphed back that his heart
had been made very big.
There are rumors of other Cabinet changes.
Federal army. The Convention nominated for
Lieutenant Governor Gen. M. C. Butler, an ex»
Confederate, whose nomination was insisted
upon by the oolored delegates, and was unani
mous. The proceedings have been harmonious
and enthusiastic.
Baltimore, June 17.—Jerome Napoleon Bo
naparte died here, aged 65 years. His mother-
in-law, Mrs. Williams, died the same day and
in the same place.
Cobinne, Utah, June 17.—The Indians in
ambush fired upon an unarmed party of mounted
men. One was slightly wounded and all escaped.
Richmond, June 17.—Gov. Walker has signed
the bill incorporating the Atlantic, Mississippi
& Ohio Railroad Company. This consolidates
the Norfolk & Petersburg, the South Side &
Virginia and Tennessee Railroads nnder the
management of Gen. Mahone. The anti-con
solidation party had expected a veto and are
much disappointed.
Wilmington, Jane 17.—The action, of the
Governor, in ordering the organization of a
standing army, which necessarily will be com
posed entirely of his political friends, is de
plored by all the best men in the State. It is
ice of
Washington, June 17, noon. Tho Senate is : jj e ^. a g mainly instigated by Senators
considering the bill to pension Mrs. Lincoln. i p 00 j an( j Abbot. All the Conservatives and
The House is discussing the Government Is- J ma ny Republicans consider the action of the
land bill. Governor entirely unnecessary, and likely to
10 p. if- evenne o- ®y 1 > • i 1 lead to most serious results, if not speedily
It» stated that the San Domingo Inveatigat- | abandoned> ^ aU Conservative meetings, now
ing Committee has closed its work, and exhon- , being hela ^ ^ ^ Slate> eyery spe(jies of
outrage and all secret organizations are strong
ly denounced, and it is believed to be the
earnest desire of the best men of all parties to
have harmony and peace.
New Obleans, June 17.—-To-day, by order of
Judge Dibble, of the Eighth District Court, H.
S. McComb, and the new directors of the New
Orleans, Jackson & Great Northern Railroad,
were inducted into office in place of Gen. Beau
regard and the old directors, and placed in pos
session of the road. The change gives general
satisfaction. It augurs a new spirit and a more
go-ahead management.
St. Louis, June 17,10 p. m.—The Peter Cur
ran whisky case, after years of litigation, has
beon decided in favor of the Government. The
orates Gen. Babcock and finds no ev
corruption in negotiating the treaty.
Nominations: Isaac P. Gray, Consul to St.
Thomas; G. Willey Wells, Attorney for North
Mississippi.
The Star says it turns out now that the re
port of a compromise between the friends of
the Senate hill incorporating the Texas and Pa
cific Railroad Company and tho managers of
the Tremont, or Memphis and El Paso enter
prise, is without foundation in fact. It is au
thoritatively stated that there is little or no
prospect of anything like a consolidation or
compromise.
The nomination of Akerman was referred to
the Senate Judiciary Committee.
The Senate confirmed C. C. Crane, of Ala-. u. a, - nnn
bama, Secretary for Utah; Edwin L. Bamey J Property condemned was worth Slo,000.
Attorney for tho Western District of Texas; D. I Philadelphia, June 18. A negro musician
B. Cliffe, Assessor of Fifth Tennessee District; was killed last night for striking the wife of
John McClane, Postmaster at Corpus Christi. ; the janitor of the National Guards’ Hall.
A Democratic caucus of fifty members, inclu- I Fobteess Monroe, June 18. Capt. Geo. W.
Cole, of the Baltimore Pilot Association, reports
that while coming down the bay as the pilot of
the Italian brig Josephine, bound to Spain, he
was robbed of some sixty dollars by the mate
and crew of the brig, who afterwards threatened
to drown him. He did not close his eyes for
three days, fearing they wonld accomplish their
design. On yesterday afternoon he signalled
the schooner Florence Nowell, with Capt Feni-
rnore, who sent a boat to him. When near the
brig Capt. Cole jumped overboard and swam
to tbe boat, where he was kindly cared for by
Capt. Fenimore, until taken off at the Capes by
the pilot boat Maryland. Capt. Cole left the
brig at Smith’s Point, and will join her again
in company with a United States Marshal, who
will arrest the scoundrels for robbery on the
high seas.
Foreign News.
London, June 16.—Dispatches from Rome
leave no doubt of the adoption of the infallibili
ty dogma.
The abolitionists here are urging the govern
ment to insist on the emancipation of slaves in
Cuba and other Spanish colonies.
The rumor that the Marquis of Bute con
templated a return to the Anglican communion,
is questioned.
The London Times doubts the success of the
German-American Bank, at Frankfort, which,
if successful, would be a discredit to America.
The French Emperor has the rheumatism in
the loft leg. Prince Napoleon is also ill.
Breadstuff’s are advancing rapidly at Paris,
on account of the drought. Bread which sold
for seven pence in the middle of last winter,
now sells for nine.
Madbtd, June 16.—According to the provis
ions of a lately enacted law, nine thousand
registers of civil marriages will be opened by
the middle of August.
Great satisfaction is expressed at the message
of President Grant on the Cuban question.
Rome, Jane 16.—The discussion on the last
chapter of infallibility commenced to-day.
Bombay, Jnne 1C.—Dispatches from Hong
Kong announce several vessels dismasted by the
recent typhoon. A sharp earthquake occurred
at Yokohoma.
Pabis, June 16.—Tho Emperor’s gout is not
serious. The Court goes to St. Cloud next week.
Latest.—A bill relieving from duty all grain
imported into France, wa3 introduced into the
ding four Senators, is. in session to agree upon
a national policy.
A paper is in course of preparation urging
friends in the South not to nominate persons
for Congress incapable of taking the iron clad
oath, unless their disabilities have been re
moved.
The New York Tribune says, regarding Aker-
xuan’s nomination as Attorney General:
We recognize in the new appointment a
cheering sign that the administration is deter
mined to break down the idea that men who
were carried into the rebellion, but have since
frankly and honorably accepted the result,
must be forever excluded from public trust.
Washington, June 18.—Gen. Young is urging
that unless Bingham’s, or some snch amendment
is adopted, the people would greatly prefer a
government entirely in the hands of the milita
ry, until the State shall be properly organized
for admission into the Union, and that tho State
have power to elect all officers of the State in
November. This will probably be favored by
many Democrats and some Republicans.
10 p. m.—Revenue to-day ©707,000.
Belknap has returned ©109,000,000 in gold j
and ©21,500,000 in currency.
A bill was introduced in the Senate to-day
for removing the bar in the Appalachicola river.
The Secretaryship of tho Republican Con
gressional Committee has been tendered to
Thos. L. Tollock.
The Senate will report the currency bill
which passed the House with several amend
ments.
The Star ha3 the following regarding Aker
man: It seems pretty certain that the more
Radical Republicans will make an earnest effort
to procure the withdrawal of Mr. Akerman’s
nomination to tho Attorney Generalship, or
failing in that, to prevent bis confirmation by
the Senate. This action grows out of the part
home by Mr. Akerman daring tbe late rebel
lion, in which, it is alleged, he voluntarily
took an active part for about eighteen months.
It appears that the legal and political disabili
ties imposed upon Mr. AkermaD, by the Four
teenth Amendment, were removed by the act
approved on the fourteenth of December, in
which his name appears with about fifteen hun
dred others. The opposition to him would
seem, therefore, not to be based upon strictly
legal objections, bnt rather upon the question
of propriety in the President choosing a consti- Legislatif to-day and referred to the
tutional adviser from that class, while plenty of committee on abolition,
men at least equal in ability and reputation to j Stamps on newspapers have been decided on
Mr. Akerman, and without any taint upon their , b y government.
patriotism could be had for the place- j Tim Journal des Debats eulogizesthe appoint-
*** I ment of Parndol, and says he is clearly the
General News. | r jg bt mnn j n t jj e ijg b t place.
Philadelphia, June 16.—A middle aged wo- j Bellonot has been appointed Secretary of
man died from chloroform this morning, nnder 1 first-class to French Legation at Washington,
the hands of a dentist who administered it to ' and M. Narimont of the second-class. They
pull a tooth. | sail for New York, with the new Ambassador,
Tne primary Republican elections have been 1 in a few days,
quite stormy, indicating a split in the party, j The examination of officers of. the Inter-
In some instances chairs and chandeliers were ' national Workmens’ Society, will take place on
broken, and contesting parties driven from the
stands.
PirrsBUBG, June 16.—The Southern railroad
excursionists are here, and will arrive at Balti
more Saturday on their retnm.-
the 22d inst., before a police tribunal. The
chargo made against them is of maintaining a
secret society, contrary to law.
The Emperor is still suffering from gout
Mniro, formerly of Nice, has been appointed
Cleveland, Jnne 16.—The annual meeting of musical director of the Italian Opera, at Paris,
the Unitarian Conference has commenced. The j Havana, Jnne 17, noon.—Two men, whose
attendance is large. The Conference continues ! capture was reported near Cayo Craze, 'Were
a week. I executed; the third was imprisoned for two
New Yobe, June 16.—The America takes out 1 years. ■ ■: -
©128,00Q in specie. } Col. Angletas, moving in the direction of
Cooper Institute was crowded to hear Red Najasa, killed 26 insurgents.
Cloud. He spoke half an hour. Peter Cooper i DeRodas celebrated his birthday by pardon-
presided and made a speech, favoring a concil- ing 2G soldiers condemned to death, and libera-
atory policy toward the Indians. * ; ting a number of prisoners, mostly negroes.
The available ship room was rapidly taken np 1 The insurgent leader Songuela was wounded
for tho transportation of breadstuffsfor France, at Augustin, and Aguiro was killed.
Princess Edith U. Montez has sued female City or Mexico, June li.—-Congress has ad-
brokers Woodfnll and Claflin for a three thou- journed. ri
sand dollar ring and two thousand dollars in Juarez says the revolutionists on San Lonis
money, which she says she deposited with them, j Potosi and Zacatecas are reduced to roving
San Fbascisco, June 16.—The Costa Rica bands. :
Government has been overthrown and Bruno | Flobenge, June 17,10 r*. sr.—A heavy silk
Carrago declared President, Five officers were crop is anticipated this season,
killed in the conflict. ’ Beblin, June 17, 10 p. an—Herr Hubner,
The revolutionary attempts in San Salvador sent by the Prussian Govarnment to inspect the
failed. South African gold mines, pronomnees them
The Secretary of the Supremo Conrt of New worthless.
Grenada has been found.guilfy of forging Gov* Pabis, June 17, noon.—The Emperor is much
ernment bonds. -. better. .•••, :
Albany, N. Y., Juno 16.—TheStateeanvassers , 10 r - m.—The French Cable Company aban-
have declared the election of Sanford E. Church,. don the exclusive right of land cables on French
r t .1 xt alLn atnrfin territory, in consideration of a permission to
.Chief Judge, and M. F. Aden, Martur Grover, amalga £ ate with othet oomp anies. .
Rufus W. Peckham and Charles A. Rappello, Senators Ferdinand Barrot and Charles Eus-
Democrats, and Charles F. Folger and Charles t \che Corta are dead. •
A four story building fell to-day. One person
is missing and one seriously hurt. Cause, ex
cavation on next lot.
In the Corps Legislatif the Minister of the
Interior declared that an early dissolution of
the Chamber was not contemplated by the Gov
ernment. A deputy submitted an interpellated
interpellation on the return of the Orleans
Princes and the restoration of their property.
London, Jnne 17, noon.—Unusually heavy
transactions yesterday in Havana sugars afloat.
Liberal rains yesterday, but it is feared they
come too late to help crops.
The iron-clad, Swiftsure, is successfully
launched.
10 p. si.—Mr. Dickens left a fortune of £80,
000. Six monthly parts of “The Mystery of Ed
win Drood” are finished, and tho story is so oat-
lined aB to leave its completion easy. It is on-
derstsoi the Times continues it, and that 'Wil
kie Collins undertakes the task.
The will of Samuel Norton, of Liverpool, who
left his fortune to the Roman Catholic Bishop,
is invalidated, and the evidence of the mental
incapacity of the testator at the time of signing
of the will established.
In the House of Lords to-day, Lord Cora said
the Dish land bill gave tenants advantages un
known in England or Deland.
Madrid, June 17,10 p. li,—The Feast of Cor
pus Christi was celebrated with the customary
ceremonies, but the procession was tame 00m
pared with former years.
Foreign News.
London, Jnne 18.—The Shipping Gazette of
this morning is confident that the money mar
ket will be undisturbed by tho recent advance
in grain.
Count de LaGranger’s horse, Troeader, won
the Alexandria plate at Ascott’s.
At the large meeting of non-conformists at
Liverpool last night, eminent persons spoke.
The resolutions sustain Mr. Gladstone on the
Education bill. A meeting of dissenters was
also held, at Leeds, which unanimously passed
resolutions expressing dissatisfaction with the
Education bill.
The cotton factory of Hoile & Co., Dundee,
Scotland, was horned. Loss heavy.
The Saturday Review, in its comments upon
American affairs, says Congress has checked
the audacity of manufacturers, but is still averso
to adopting a liberal policy.
The recent showers extended over a wide
track and helped crop3 incalculably, which were
nearlyruined by drought. Thelightningcansed
many fires.
A letter from Inman, head of the Inman
Steamship line to the board of trade is publish
ed to-day: He admits giving up all hope of
ever hearing from the steamship City of Bos
ton, and takes occasion to reiterate his disbe
lief in tho stories that she was overloaded, and
ascribes her loss to a collision with an iceberg.
The Queen has returned to Windsor.
The News says there i3 general satisfaction
expressed at the prospect of a resumption of
trans-Atlantic mail service by the Canard and
Inman Steamship line.
Arthur Clinton, one of tho Boulton masquer
aders, died suddenly this morning. On his
death-bed he disclaimed the crime imputed to
him.
The Tablet, a Roman Catholic organ, in its
issue of to-day, has a long obituary article on
the late Charles Dickens. The writer denies
Dickens’ Christianity. His characteristics were
all amiable, possessing every merit but religion.
Liverpool, June 18.—The ship Express, from
Lagos, Guinea, to-day, had been given np for
lost and the insurance paid.
Madbid, June 18.—It is reported that Serrano
is quite ill.
Indications are that the military will issue a
pronunciamento in favor of Montpensier.
Athens, June 18.—Gustave Flonrens is or
dered to leave Greece, in accordance with the
request of the French Government.
Flobexce, June 18.—The monument in ion o r
of the heroes of Solferino will be nnveiled on
the 24th instant—French and Austrian officers
participating.
Pabis, June 18.—The iron founders’ strike
throughout France is sustained in great part by
English money.
The suppression of legations to secondary
German States was urged in the Corps. No
action.
Prince Napoleon has entirely recovered.
The Algerian rebels have submitted to French
authority.
A CarlisE expedition, attempting lo cross into
Spain near Bayonne, was stopped by French
soldiers.
A deputation of cotton manufacturers of
Manchester arrived here to give testimony to
the authorities as to the nnfavorable effect of
the French treaty on the cotton Dade.
Strikers are extending. Newspapers announce
this evening that the washwomen of the city
have joined the sDikers.
Repost Paradol is still violently attacked by
some of tbe newspapers, for accepting the
Washington ambassadorship.
FINANCIAL AND COMMERCIAL.
HALL’S
VEGETABLE SICILIAN
HAIR •
^Renewer.
It is the best article ever known to
RESTORE GRAY HAIR
TO ITS ORIGINAL YOUTHFUL COLOR.
It wil prevent tho hair from falling out.
Makes the hair smooth and glossy, and does not
stain the skin as others.
0FR TREATISE ON THE HAIR
BENT FREE EY SIAIL.
For sale by all druggists.
B. P. TTAT-T. & CO., Nasbau, N. H., Proprietors,
jucel-eodlm
“Earett’s” Miraculous Hair Restorative.
Want of VrrALm*.—Sometimes there is lack of
vitality in large and apparently well developed
frames. Hereculean sinews and muscles are not
alwaysindicativo of stamina and constitutional vig
or in their possessor. Health depends moro upon
the condition of the stomach, the liver and the
bowels, than upon tho breadth of the shoulders or
the size of loose levers andtpulleys of the system
in which strength is supposed to reside. AU tais
grand animal machinery is of itself no protective
against sickness and decay.. Easy and perfect di
gestion, regular and healthy secretions, uncontam
inated blood, and a regular discharge of tho waste
•matter of the body through the intestines, tho kid
neys and the pores, are the most potent safe
guards against disease, tho best guarantees of lon
gevity. To promote these objectB is the great end
and purpose ot Hostetter’s Stomach Bitters. The
ingredients of which the Great Tonic and Alterative
is composed are taken solely from the vegetable
kingdom, and their medicinal virtues are not coun
terbalanced by the acid and poisonous elements
which exist, more or less, in aU tho powerful min
eral drugs. Sufferers from indigestions, bfliousnesa
intermittent fevers, nervous debility or constipation’
not only have immediate relief from the use of thiB
agreeable stimulant and invigorant, but become
conscious, as time wears on, of an increase of con
stitutional elasticity and vital force. Labor and ex
posure no longer produce the same effect upon
them as heretofore, and they feel as if they had ac
quired a new hold on life', a now reserve of physical
and mental energy. This has been tbe experience
of thousands of both sexes, and every day adds to
the mass of confirmatoiy testimony. At this sea-
’son of the year when'the temperature and state of
the. atmosphere, exercise a peculiarly depressing
ihfluenco over the minds and bodies of invaUds,
Hostetter’s Bitters is the only tonic upon which the
debilitated can rely for swift and permanent resto-
raUon.
Stop your hair from falling cut by using Hall’s
Vegetable Sicilian Hair Renower, a sure preven-
tio*. . ' wad
jod- .'jpt fWif ,6iuod*^iii»]t' s.Sf elZivti ]• ir .
Daily Review of the Market.
OFFICE TELEGRAPH AND MESSENGER/!
June 18—Evening, 1878.” y
Cotton.-— Receipts to-day, i bales; soles 6i 5
shipped 56.
The market is still weak and prices (end down
ward. It closed this evening at 18 cents for mid
dlings—the best calling for 18&.
MACON COTTON STATEMENT.
Stock on hand Sept. 1,1869—bales.. 178
Receipts to-day............ . 4
Received previously ’. “.".".".V.79,013—79,017
- .. . - 79,196
Shipped to-day. 53
Shipped previously .78,109—73,1C5
Stock on band this evening 6,031
EXCHANGE ON NEW YOBS.
Baring....... Kdis.
Helling prem.
EXCHANGE ON SAVANNAH.
Baying par.
Selling % prem.
UNITED STATES OUBBEKCY—LOANS.
Per month 1J^@2 percent
GOLD AND SELVES.
Baring rates for Gold $1 10
Setting 1 13
Baying rates for Silver... 1 05
Selling ».-..l 10
There is still no change in the grocery and provi
sion market. It is quiet and firm at the following
rates for the articles named;
BACON—Clear Sides (smoked)....© 19 @ 19ft
Clear Bib Sides (smoked)... 18ft@ lSft
Shoulders 15ft @ 15ft
Hams (sugar-cured) 25 @
BULK MEATS—Clear Sides.... 18 @ 18ft
Clear Bib Sides 17ft0 18
Shoulders 14ft@ 15
GRAIN AND BAY.
COBN—Yellow, Mixed and White. 1 50 @ 1 55
mrat. 1 65
GRITS 1 75 @ 2 00
OATS 95 @ 1 25
WHEAT—Per bushel 1 40 @ 1 70
FIELD PEAS 3 00 @325
HAY—Northern 190 @2 00
Tonnesaa Timothy 2 00
Herds Grass 2 00
Tennessee. 2 00
LATEST MARKETS BY TELEGRAPH.
Domestic Markets.
New York, June 18, noon.—Stocks irregular.
Money.- 4. Exchange long 9ft; short 10ft. Gold
12ft. Bonds 12ft. Tennessee ex-coupons 63; new
Louisiauas
Ala-
95.
North Carolinas old 4Sft; new 25ft. South Caroiinas
old. 91; new 82.
Cotton dull and heavy; middling uplands 21ft;
Orleans 21ft; sales 400 bales.
Fiour is dull. Wheat is unchanged. Com dull.
Pork quiet; mess 30 8L Lard 16@16ft. Turpentine
38ft. Bosin dull at 2 05 for strained. Freights dull.
New York, June 18, evening Cotton dull and
lower; sales 300 bales; uplands 21ft.
Flour heavy; superfine State 5 50@6 75: Western
5 35@G95; Southern common 6 50@7 25. Wheat
heavy; lower: winter red and amber western 141@
149. Corn, dull and lower; now mixed Wes
tern 95 to 1 02. Pork quiet at SO 75. Lard heavy;
atl6@16ft. Whisky 105@105ft. Bice firm; Car
olina 8ft@8ft. Sugar firm. Coffee quiet Molas
ses quiet. Naval stores dolt Freights duff and
drooping.
The bank statement ia unfavorable. Money very
easy. Sterling dull at 9ft@0ft. Gold dull. Gov
ernments firm. State bonds strong with an advance
inTenneasees; oldC3ft; new 62ft.
NEW YORK BANK 8TATE5TENT.
Loans increase 269,000; specie increase 372,000;
circulation decrease 69,000; deposits decrease 766,-
000; legal tenders decrease 2,038,000. Money very
easy at 3@4, with exceptions at 2. Gold exports of
week 886,000. Governments firm but dull; 62s 12ft;
coupons 1881 18ft; 4s lift; 5a lift; new 13ft;
7a 12ft; 8s 13ft; 10-40a 8ft. State bonds strong.
Tennessees old 62ft; new 60ft. Virginias old 68;
new 67. Louisianas old 76ft; new 72; levees 6s
76; 8s 92ft. Alabama 8s 101; 5b 73- Georgia 6s 88ft,
7a 95. North Carolina old 48ft; new 25. South
Carolians old 91; new 82. Stocks dull but firm.
Imports of dry geods for tho week 1,165,000. Gen
eral merchandize 5,282,000.
Cincinnati, June 18.—Flour dull; family 6 25;
Com dull at 93©1 00, Whisky 103. Provisions un
changed; no sales.
Louisville, Juno 18 —Flour active, 5 50. Corn
112ft- Previsions are firm. Pork 30 50. Bacon,
shoulders 13ft; rib sides lGft; clear rib sides 17ft.
Lard 17- Hams, sweet cured 21ft. Whisky 103.
New Orleans, June 18.—Cotton, dull and lower;
middlings 19ft; sales 2250; net receipts 209; ex-
coastwise 8; total 217; exports coastwise 14; stock
86,000.
Flour, firmer; superfine extra, at 5 60@5 75 ;
NX 6 25; XXX 6 50. Com ; mixed 100; white
112. Oats 61(262. Bran 105. Hay 24 00. Whisky
1 00@1 10. Mess Pork 30 25. Bacon, shoulders
14; clear rib sides 17ft; clear sides 18ft; hams
21@22. Lard, tierce 15ft@16ft; keg 18ft@19ft.
Sugar easy at llft@llft. Molasses firm; reboilea
S5@75. Coffee, prime 17ft; fair 16ft@16ft.
Sterling 24. New York Sight ft premium,—
Gold 12ft.
Savannah, Jone 18.—Cotton active; middlings 1 Oft
@19ft; sales COO; receipts 726; total 726; exports to
Great Britain 3648; stock on hand 17,427.
Auousta, Juno 18.—Cotton very dull and lower;
sales 63; receipts 32; middlings 18ft.
Charleston, Juno 18.—Cotton dull; middlings
20; sales 100; receipts 179; total 176; exports coast
wise 132; stock on hand 7,293.
Mobile, June 18—Cotton dull; middlings 19ft;
sales 300; receipts 84; total 84; exports to Great
Britain 1639; coastwise 381; stock on hand 29,091.
Norfolk, June 18.—Cotton dull; low middlings
19ft; net receipts 200; total 200; exports coastwise
82; stock on hand 2,135.
Foreign Markets.
London, June 18, noon.—ConsolB 92ft. Bonds
90ft.
Ltvertool, June 18, noon. — Cotton opened
firmer nut not higher; uplands 10ft@10ft; Orleans
10ft@10ft; sales 8,000 bales.
Paris, June 18. evening.—Bourse closed fiat-
Rentes 72162c.
Havbe, June 18. evening—Cotton closed heavy;
both on spot and afloat.
London, Juno 18, evening.—Consols 92ft.'Bonds
90ft.
Liverpool, Juno 18, evening.— Cotton closed
dull; uplands 10ft; Orleans 10ft; soles 8,000 hales,
including 1,000 for spenlation and export.
Fbankfobt, June 18, evening.—BondB opened
flat at 9Cft.
Jx is commonly supposed that there is a general
equality of happiness, but this would bo at least
contrary to analogical presumption. Health, beauty,
strength, intellectual endowments, influence, ara
all distributed in endless proportions. Besides,
only let two persons bo placed together in contact
—what would be the result ? In the health and
manly vigor of the one who used the “Old Caro
lina Bittera” is beheld such a marked contrast to
his sick and emaciated companion; and he, too, is
persuaded to tako advantage of the curative prop
erties of this sterling remedy.
Children cry for Wineman’s Crystalizo Worm
Candy!
Cheap Luxuries fob the People.—Opportunely,
at tho time when tho cost of living is enormous, a
new article appears in the market, affording an un
precedented amount of delicious and wholesome
aliment, almost for a song.’ Wo refer to the patent
Sea Moss Farino, which is now, by virtue of its ex
traordinary cbeepness, taking the place of all the
gelatinous articles of food manufactured from maize
and grain. The raw material of this nutritions and .
fattening agent iB the free gift of nature: a marine
moss growiog'in prodigious quantities on tho Irish
Coast, and known as Carrageen. Cleansed,-desi*
cated, concentrated and reduced to powder by ft
patent process, this wonderful plant yields a larger
quantity of puro, palatable aliment in-proportion to
its woigbt, than any substance produced from the
great agricultural staples. Artistic cooks pronounce
it tbe finest article for custards, puddings, creams,
soups, sauces, etc., that has yet been discovered,
and the Sea, Moss Farine Company, of New York,
who own the patent, find it all they can do io keep
pace with the demands for the new staff of life.
LiEPiiAN’s Great German Bitters are simply ft
medicinal cordial, in which are the concentrated ex
tracts tuad juices of some of the rarest and best
herbs and barks known in the medical kingdom, and
are expressly imported by tlie proprietors of these
bitters, put up carefully by German chemists, and
impregnated with choice spirits to prevent them
from souring. They are daily winning golden opin
ions from our leading men, and ladies will find then
tho beat atrengthener and ir.vigor&tor known, bring
health to the sick, and despondent will be made
heerful by a timely use of them. 1
JI»y27d,a-wA:w if J. B. Boss A Son, agents,
Mias