Newspaper Page Text
Telegraph and Messenger.
MACON, JUNE 1870 28.
Picking Blackberries and Going to
Texas.
A Texas subscriber sends tho letter found in
another part of this edition, and we have re*
ceivcd marked papers from Texas lambasting
writers in this paper shockingly for their dis
paraging reports of that State. Hold, gentle
men. It is not to be expected that all emi
grants will look npon a new conntry with the
same eyes. Tastes and experiences differ Wide
ly. Texas is a fine conntry for those who like
and will improve it; and so is almost every
other.
"What were yonr youthful observations and
experience in picking blackberries? There
were two grand classes of boys who nse to pick
blackberries. One was a class who fell to where
they were and gathered steadily until their
gourds and buckets were full. They gave a good
account of themselves, and never went far for
a day’s work. But there was another class, quite
as large, who displayed an adolescent temper
for speculation and adventure by ever looking
further. They never appreciated what was
within reach, because they were so confident
that a great deal better, and thicker, and larger
might be found just beyond/ They trudged on
and left the slow coaches and the barnacles
sticking hard at work behind them.
When night came. and. with it. th»
proceed*. *i»<= result was various. Tho stay-at-
homes, as we said before, could generally show
full buckets, except where they were lazy or
lacked steadiness and persistency. Some there
were among them who loved to lonogo under
the trees in the cool shade, or sport about the
spring—or hunt for snakes, birds’ nests and
rabbits. They made a beggarly showing indeed.
But by-and-by, back streamed the wanderers
in scattering detachments—weary and hot, with
a very miscellaneous exhibition. Some bad no
more than a pint of berries—but ll OoUy, warn't
they whoppers /” and they had seen a good
many bigger still1 The most had none at all—
gathered so few they were not worth keeping,
and so were all eaten up. One or two made a
remarkably fine showing. They were the suc
cessful adventurers of the party—had found the
cream, and skimmed it with eager hands. The
aggregate product of the party, however, was
inconsiderable, and had it not been for the won
ders they had seen, the expedition would have
been a failure. But they brought home a great
deal more information than blackberries.
Now, this little episode in juvenile life ex
plains the whole secret and history of the
spirit of speculation, adventure, emigration,
and so on—where it come3 from and what it
comes to. The boys who always went further
for their blackberries, when they grew up went
further for everything else: and many of them
are no doubt now in Texas. Some few of them
will see bushes worth tying to, work hard and
fill their pockets, but the misfortune is that the
blindness which prevents a man from seeing
berries at home is apt to follow him wherever
he goes, and as much time and money are spent
in the mere going, emigration from one part of
the South to another will, in the grand aggre
gate, be as losing a business as it used to be in
blackberry times.
A removal from one section of the South to
another, especially to men in their prime or in
advanced life, is, considered in itself alone, a
bad business. It breaks up social and kindred
ties—old, pleasant and profitable associations—
exposes life to new hazards, and costs a great
deal of time and money. The material advan
tages gained must be very great to compensate
for these grievous losses—greater than nine out
of ten who try it will find them to be.
These suggestions do not apply to emigration
from the old world, because there population is
overcrowded and the means of subsistence rela
tively so small that the margin for improvement
is necessarily vast, while that between one por
tion of the South and another is compelled to be
comparatively small.
"We shall charge nothing beyond subscription
rates for our advice in the premises, and give
that advice in few words. Stay where you are,
and open your eyes to the advantages which
surround yon and are within the reach of active
industry and virtuous frugality. A man who
cannot make money farming in Georgia must
look for the reason in himself—he is indolent,
or wasteful, or injudicious. Study faithfully
and practice diligently the art of improving your
condition with the means which surround you,
and don’t drag your wife and children off to en
counter the discomforts, privations and dangers
of a new country; only to find, as we do not
doubt you will, that you have borne them all to
gain nothing, and wish you were safely back In
Georgia again.
Great Fire in Panama — Destruc
tion of the Aspinwall Hotel and a
Large Amount of Properly—Twelve
Persons Reported Killed and Many
More Injured.
New Yobk, June 19.—The steamer Merrimac
from Bio Janeiro and St. Thomas arrived to
night. The following have been received at St
Thomas:
Panama, June 5.—A terrible fire broke out
here at 1.30 this morning, and is now ranging.
It originated in the Aspinwall Hotel, and com
municated to the Itivallas House, Campillo’s
French Bazaar, the stores of Shenherg, F. C.
Herbruger, Samuel Prize & Co., Bogamotto, J.
J. Dr. Gooza, and Bermudez, and several pri
vate residences. It ts now ranging along the
Bank of Panama, which is in flames.
Attempts are being made to blow np a house
in the rear of the bank near the Cathedral, to
prevent the spread of the flames to the Grand
Hotel. The roof of the Cathedral is burning in
several places. The Panama Mail office is in
great danger. Families are rushing from their
dwellings, and the streets and plaza are covered
with furniture and church ornaments. The
supply of water is scanty, and the people are
inactive and under no direction, and the flames
are allowed to do their terrible work almost un
resisted. There is terrible excitement and
alarm.
Lateb—11 A. sl—Tho flames are subdued.
Many casualties have occurred, and the num
ber of deaths is now reported at twelve, and
others are believed to bo buried in the ruins of
the Aspinwall HoteL A number of persons are
also injured more or less seriously. _
There is no fire engine in the city, and the
only one on tho isthmus was sent from Aspin-
wallbv tho Panama railroad, and ato-ic
a. si., making the run in one hour and forty-five
minutes.
A Third-rate Rebel and a Fourth
rate Lawyer for Attorney-General.
The New York Sun (Bad.) is rather disgusted
with the appointment of the new Attorney-Gen
eral. Under the above head it remarks:
If Gen. Grant desired to signify to the coun
try by an appointment to his cabinet, that it was
no longer expedient to inquire whether his confi-
dential advisers had fought on the right side or
the wrong side during tho war, ho should have
selected for Attorney-General a rebel of distinc
tion, and a lawyer who was fit for the position.
If, for example, he had conferred this important
office npon Robert Toombs, a man of brains, of
genius, of pluck, and who is a thorough lawyer,
and well known to the nation, it would have sig
nified something; but to waste it upon Aker-
man, who was one of Toomb’s adjutants, was a
third-rate rebel, and is a fourth-rate lawyer, and
wholly unknown to the country, is simple non
sense.
Wouldn’t Bobeet Toombs dwarf that crowd,
though! Why he’d turn Grant and his Cabinet
out of doors, and bo running the governments}
machine on a lone hand in less than a month.
We hardly think tho conntry would be the loser
by the operation, either.
Lightning ran Down a Man’s Legs—
Extraordinary Escape irom Death.
The Charleston News of Wednesday says:
From a correspondent at Bound O, Colleton
county, we gather the following particulars of
the narrow escape of B. A. Willis, (formerly
probate judge of the county) and two of his
children, from death by lightning. About last
Saturday, while the judge and two of hi3 chil
dren were on their way home, it commenced to
rain. He took his two children under a tree,
and leaned against it, with his umbrella over
him. He had been there but a short time when
the tree was struck by lightning. The main
current ran down it, and, passing in about eight
inches of the judge's head, ploughed the ground
at his feet A small current struck his body,
near the arm-pit, and passing down towards tho
hip, divided, and ran down both legs. His little
daughter, about five years of age, was wearing
at the time a new sun bonnet, which was badly
tom by the lightning. The current struck the
top of her head, and, running down in a straight
line to the ear, crisped and singed her hair.
The little boy was uninjured. Judge Willis and
daughter lay insensible for some time, and when
he recovered his senses his little boy was sitting
down looking at him. He is still suffering from
the effects of the stroke, but is slowly recover
ing. The little girl has entirely recovered.
Stale News.—A Washington correspondent
of the Tribune probably imagines he is com
municating a very fresh item of news in the fol
lowing paragraph, but bless his innocent soul
the country knows it by heart. He says:
Senate has come to be (I write it with sorrow)
so much controlled by rings and monopolies of
various descriptions that no one knows what
mischievous legislation to expect from it.—
Wherever the interests of the people are on
one side, and the interests of railroad directors,
land-grabbers, and powerful corporations on
the other, there is, alas! too little room to
doubt how the Senate will turn.
The Senate and Cnba.
The Senate Foreign Belations 'Committee, it
seems, astonished mankind with a very unex
pected performance yesterday, which stirred np
npa lively excitement in Washington. They
reported with a loud report—equal unto an
Armstrong or Parrott gun of the heaviest cali
ber, and everybody is looking to see who is go
ing to be knocked over by the xecoiL They ac
knowledged the Cuba rebels, so-called, as bel
ligerents, and with all the indignant virtue of
the lately reformed, read a terrible lecture to
Spain about slavery. This the Senate was well
able to do in behalf of a country which has
been rid of slavery five years!
What else the report did and said we may
know before going to press; bnt there seemed
to be much confusion and excitement in Wash
ington when the Press agent sent his noon re
port. The Senate Foreign Belations Committee
consists of Messrs. Sumner, Cameron, TfarTim,
Morton, Patterson, Schurz and Casserly. They
have contrived among them to give the Presi
dent’s Cuban policy a terrible hoist. The Demo
crats will have to come up to the support of
Grant or he will be left alone. What a pity I
Grandmother and Grandchild.
The St. Louis Bepublican hits the Bads in
Congress nnder the belt, in this wise: It is
Bpeaking of Whittemore. “He is, in truth, the
grandchild of Congress; for Congress begat ne
gro suffrage, and negro suffrage begat Whitte
more. If Radicalism rejects the twice chosen
Bepresentative of the South Carolina Africans,
because he sold cadetships, and rejects two
Afrioan cadets at West Point on the bypocriti
cal pretence that one is ‘defioient in scholasti
education,’ and the other has a ‘weakness of
the lungs,’ it will stand before the world as hav
ing condemned its own work, and disowned its
own offspring.’
The Coming Foubth op July.—Tho New
York Commercial Advertiser suggests that the
money spent in fus3 and fire on the 4th July
be this year appropriated to charitable objeots:
“Hard times, thousands of people out of em
ployment, and misery and suffering following
m the trail of the bloody rebellion, suggest a
much wiser expenditure of public fund? than
the purchase of *y rockets £nd firy wheels, to
graify the eyes of the populace for a moment.”
A General Amnesty. —The Herald says a
general amnesty in fact as well as in name would enormous,
be magnanimous and the best policy for the
Government to pursue. No party political ends
|-an be served by continuing these disabilities.
Ano mass of the Northern people desire to see
an end of them and the complete restoration of
the oouth. Lot the past be buried in oblivion,
and let the people of both sections be as broth-
ers worlnng together for the common good and
the glorious future of a restored and reunited
epublio.
The Pope.—This week the Pope enters npon
the twenty-fifth year of his pontificate. Accor
ding to a current tradition, St. Peter, the first
Pope, installed at Antioch and then at Borne,
A. D. 42, governed the church for twenty-five
years, two months and seven days. Of his two
hundred and fifty-six successors, none are said,
according to the legend, to have occupied the
Papal throne so long; Pius the Sixth, next in
order of longevity, having held it twenty-four
years, eight months and fourteen days. But
the present Pope, although in his seventy-ninth
year, is in very good health.
The Fabmxb and Abtisan. — This capital
weekly published at Athens by S. Atkinson and
devoted to Agricultural mid Mechanical inter
ests, has just completed its first semi-annual
volume. Those who have preserved the num
bers, from week to week, have a handsome
volume of 416 paper of valuable industrial read
ing, with numerous illustrations. The Publish
er announces that the experiment of a weekly
journal devoted to the reviving industries of the
South, is a success.
We beg to offer our congratulations.
Protecting American Labor.—The World
charges that those manufacturers who are in
troducing Coolie labor are the very chaps who
scream londest for a high tariff “to protect Ameri
can industry against the pauper labor of Eu
rope.” Yes, they are Radicals, and go in, too,
for “manhood suffrage” except Chinese man
hood suffrage. They are very literal and very
jesuitical, but they are sound on the pocket
question to the last nickel.
The State of Lincoln.—The Washington cor
respondent of the Richmond Dispatch writes
under date of Monday, as follows:
The House Territorial Committee to-day de
cided upon a name for the new State of Texas.
It is to be called Lincoln, in commemoration of
the late President.
The committee has also decided toform a ter
ritorial government for the section of country
now known as the Indian country and to call it
Douglas, in commemoration of the late Ste
phen A. Douglas.
A Lick at Blodgett.—The New York Stand
ard (Radical, all over) says of Akerman’s nomi
nation :
It is said that the new Attorney-General was
in the rebel army. Some of his defendants
suggest that he was compelled to serve—that
he was foroedinto the rebellion. We shall be
sorry to know this, for we have little confidence
in those Southern men who were “forced” into
the Confederate army as offioers.
Bast Tennessee Wheat Cbop.—The Knox
ville Press and Herald says: “The cutting of
wheat is progressing in all the counties of East
Tennessee. Some little smut is reported, and
considerable tangled grain, but the yield will be
The editors of the Tzlegbafh and Messen-
oeb return their thanks for an invitation to at
tend an entertainment to be given to the citi
zens of Troy and Union Springs, Alabama, by
the Mayor and Council of Columbus, on Tues
day the 28th instant. They can’t acoept it but
they wish all hands a merry time. *
Tire Georgia Press.
Delicious pears and apples, the first at 25
cents a quart, and the latter two quarts for 25
cents, are making the mouths of impecunious
people at Savannah, water.
The steamship Leo, which sailed from Savan
nah for New York, Tuesday, carried 1200 pack
ages of vegetables.
Charles Gorman died, Monday, at Savannah,
from the effects of a kick which ho received
while attempting to separate two men who were
fighting. ■■
The wholesale grocers of Savannah have join
ed! the six o’clock closing movement inaugura
ted by the wholesale and retail dry goods mer
chants of that city.
Col. W. R. Symons, of Savannah, was pain
fully hurt, Tuesday, by the breaking down of a
bridge on Stridaway Island, over which he was
driving in a buggy. He fell twenty feet.
The News, from which we get the foregoing
items, says:
It is seldom that Savannah, or any other city
of a moderate population, can succeed in rival
ing New York in a sensational item. We think,
however, that we may congratulate ourselves
that “original sin” has taken a summer trip
South for its health.
She was a blonde—a beautiful blue-eyed
blonde—who had married a dark-eyed, black
haired brunette, in fact one of the stereotyped
romantic cavaliers of fiction.
They lived happily together for some weeks.
The honeymoon and moonshine*of matrimonial
bliss had just been dissipated by lapse of time
and a little experience, when the husband, with
mat frailty and facility of affection which so
often characterizes newly married men, cast his
eyes upon one of Georgia’s most blooming
daughters—a wild rose—a sweet briar—that im
mediately captivated the effete city roue. The
result was that he went where the woodbine
twineth,”and the wild rose went with him,
leading the golden haired bionde to reflect npon
her curls and her want of consolation.
“Why let the stricken deer go weep,
The hart ungalled play;
For some must watch while others weep—
So runs tha world away.”
Heigho!—so wags the world—one character
lost and one heart broken. Tho names of the
parties to this lamentable escapade we conceal
for the present, trusting that Providence or the
police will heal the breach.
The Columbus Enquirer says the summer
fights opened briskly, there, Tuesday, with
heavy skirmishing. A good looking friend of
the editor’s had both of his eyes dotted.
The Savannah Republican expresses the sen
timents of nine-tenths of the people of Georgia
in tho following paragraph:
That delectable body of patriots known as the
House Reconstruction Committee, it appears,
have, after a long incubation, hatched out wbat
they are pleased to dignify with tho title of
“general grace, amnesty and oblivion.” It is
worthy of the committee, and can only inspire
contempt in the minds of true Southern men,
and pity for its cowardly and malignant authors.
Hunters after office, who are willing to accept it
at any price, may hail this invidious measure
with delight as tributary to their selfish desires;
but all right-thinking men of the South, who
love their States and feel a proper sense of honor
toward their late comrades in arms, will scorn
and spit upon such amnesty. The honest men
of the South want no amnesty, no privileges,
that ore not equally accorded to the brave men
whom they put forward to fight their battles.
The house of Mr. B. H. Stovall, at Augusta,
was struck by lightning Tuesday night, and set
on fire. The fire was extinguished without
material damage, though a hole two feet square
was made in the floor by the fluid. 'While run
ning to this fire a member of Fillmore Hoso
carriage fell down and was run over by the car-
riageand was seriously injured.
Tho Constitutionalist says: In response to a
paragraph in the Constitutionalist, yesterday
morning, Mr. Geo. D. Chapman, railroad con
tractor on the Port Royal Railroad, telegraphs
from New York, that he is in that city on busi
ness connected with the Hartwell Railroad, and
will return to this city in a few days.
The express horses at Columbus have been
provided with hats to protect them from the
heat.
The Sandersville Georgian commiserates Ma
con and Bibb county as follows:
The revision of the jury lists of Bibb coun
ty is .said to have resulted in the selection of
forty-one negroes for jury duty.
As the law restrains the Commissioners in re
vising the box, to select only men of intelligence
and moral worth, we are glad that the board in
this county was not compelled to seek among
the colored people for jurors. The only diffi
culty on the board was in discriminating be
tween men equally intelligent and worthy.
Sorry for Mooon and the county of Bibb, that
they have to exact jury duty of the freedmen,
because there are not enough educated white
men of good character to serve as jurors.
A Burke county correspondent of the Chroni
cle and Sentinel says cotton is veritably “king”
in that county. The people “dig for it, scratch
for it. shed tears over it, pray over it, yea even
die for it. There will be a million of bals made
in Burke this year, more or less. It would be
wrong to disparage the crop of corn, for there’ll
be an unusually large one made Deo volente ;
we’ll say, in a rough guess, about ten grains to
the head. You perceive our people are gradu
ally growing more sensible. But, indeed, my
dear friend, laying aside all jokes, our cotton is
starvationally good this season, viewing it from
a guano stand point.”
The editor of the Griffin Star has been before
one of the investigating committees at Atlanta,
and denies having ever proposed to Bryant the
formation of a “Bullock party." He only wanted
to make a coalition between what he calls “live
Democrats,” and “conservative Republicans.”
The Atlanta Sun says Col. Lewis Tomlin has
made a very fine wheat crop, and that the crops
of his section has not been injured by the wet
weather.
The Era learns that the American hotel at
Acwortb, on the State Road, was burned on
Tuesday—no insurance.
Captain Whit Anderson, city marshal of At
lanta, cat bailiff Holmes’ head open with a stick
Wednesday night at the Varieties theatre.
The HawMasrille Dispatch reports cotton
blooms in that county, and corn and cotton
doing finely.
The Dispatch says the Ocmulgee is probably
higher at that point than ever before known in
the month of June.
The Cartersville Express says:
New Wheat.—We understand that William
L. Rowland is delivering to-day the first new
wheat delivered at this depot, which was sold to
Messrs. N. Gilreath & Son, for $125 per bushel.
We learn that Mr. Rowland has sold these par
ties 3,000 bushels at $1 25 per bushel, to be de
livered by the 4th of July.
Oregon Election.
The complete returns from the recent elec
tion in Oregon show that the Democrats will
have a majority of <four in tho Senate, making
a Democratic majority of thirteen on joint
ballot
Railway Accident.—One of those extraordi
nary incidents, an English Bailway catastrophe,
happened on the Great Northern Railway last
Tuesday. A large excursion train was run into
by a freight train. Several ears were thrown from
the track and three demolished. Thirteen per
sona were killed and thirty to forty injured,
some fatally.
A Co bn Cbop.—Talking about com crops, the
Cairo Bulletin says that on the Missouri bottoms
opposite Cairo, Wm. Rodney raised a crop of
corn which will do to speak of. On eight acres
he produced one thousand and fifty bushels.—
This is equal to one hundred pTi| 4 thirty-one and
one quarter bushels to the acre.
“Hence—Homs.”—The Commercial Adver
tiser remarks that the Northern papers are earn
estly begging Congress and their State Legisla
tures to go home. Given a bogus and negro leg
islature and a session every three months at
nine dollars per diem, what would they say
SUPREME COURT DECISIONS.
DELIVERED JUNE 14TH.
From the Atlanta Constitution.
Daniel C. Adams, plaintiff in error, vs. L. R.
Clem, defendant in error. Complaint from
Clay.
Bbown, 0. J.
Ah inn-keeper is bound to extraordinary dili
gence in preserving the property of his guest
entrusted to his care, where the guest has com
plied with all reasonable rules of theinn. And
if the guest, on departing from the inn, leaves
Jna or her baggage with the inn-keeper with his
consent, he is liable for its safe keeping as an
inn-keeper, for a reasonable time, according to
the circumstances of the case.
Judgment affirmed.
John. Doe, ex dem, Robt. Reeves, plaintiffs in
error, vs. Richard Roe and James D. Thomp
son, defendants in. error. Ejectment from
Randolph.
Bbown, 0. J. ......
The fraudulent alteration of a deed by the
grantee which voids it, may, in an action of
ejectment, be shown at law without going into
a Court of Equity. ......
When the deed is drawn from tho defendant
by notice, and the plaintiff introduces it in evi
dence, he may show that it has been fraudulent
ly altered by the defendant, the grantee, when
he seeks to recover on a breach of a condition
subsequent. The deed in suoh case is a nec
essary link in his title, and the plaintiff may
show that it has been altered by the ^defen
dant.
Judgment reversed.
John 0. Wells, fay S. W. Parker, for plaintiffs
in error.
H. Fielder, for defendants.
Walker & Chapman, plaintiffs in error, vs. H.
C. Mitchell & Co., defendants in error. Com
plaint from Muscogee.
Bbown, 0. J.
I. This Court will not control the discretion
of the Court below in granting or refusing a
continuance, unless there has been a manifest
abuse of that discretion.
2. When testimony is offered, which, taken
in conneotioa with the evidence before the jury,
tends to iilmtrate the issue, or to aid in arriving
at the truth, it should not be rejected, though
it may appear to be irrevalent when taken by
itself. *
Judgment reversed.
Blanford & Miller, for plaintiffs in error.
Smith & Alexander, for defendants.
A. F. OweD, plaintiff in error, vs. James S.
Willis, Administrator, defendant in error.
Complaint, etc., from Talbot.
Bbown, O. J.
A contract made 1st October, 1866, though for
a consideration existing prior to the scaling or
dinance of 1865, is not embraced within the or
dinance. When parties to contracts made dur
ing the war have, since the publication of the
ordinance of 1865, met and adjusted the equi
ties between themselves without fraud, mistake
or imposition, aid one of them has given tho
other a now note or obligation, as a settlement
of the differences between them, the case falls
within neither the letter nor spirit of thaordi
nance, and this Court will not reverse the de
cision of the Judge of the Superior Courts, who
orders a plea which sets up such a state of facts
to be stricken.
Judgment affirmed.
E. H. Worrill A Geo. N. Forbes, for plaintiff
in error.
Willis & Willis, for defendant.
Benjamin Davis, plaintiff in error, vs. T. B.
Myers, Sheriff, defendant in error.
Rule against the Sheriff from Schley.
Isaao Terry, plaintiff in error, vs. T. B. Myers,
Sheriff, defendant in errar. Rule against tho
Sheriff from Schley.
Bbown, C. J.
These two cases, involving the same question,
were by caveat heard together.
1. A tenant is not entitled to a homestead or
exemption, out of the crop, or its proceeds if
sold, till the rent due the landlord is paid, as
neither the crop nor its proceeds is legally or
equitably his property, till he has paid the rent
due for tho use of the land npon which it was
made, and the landlord may follow 6ither till his
claim is satisfied.
2. If the landlord has appeared in tho Conrt
of Ordinary, and controverted the tenant’s right
to the exemption till the rent is paid, and tho
case has gone to the Superior Conrt by appeal,
and a verdict and judgment has been rendered
in favor of the tenant, allowing the exemption,
the landlord having made himself a party to tho
litigation, and having taken no steps to set
aside the judgment, is bound by it, and cannot
be heard again to litigate the matter m dispute,
or to deny tenant's right in a rule against the
Sheriff for the money for which the property
was sold, for the benefit of the party entitled to
it.
Judgment reversed.
W. A. Hawkins, by Lochrane & Clarke, for
plaintiff in error.
8. H. Hawkins, by M. H. Blanford, for de
fendant.
John Darden, plaintiff in error, vs. Carhart and
brother, defendants inerror. Complaint, etc.,
from Talbot.
Bbown, 0. J.
When a verdict of the jury had been rendered
against the plaintiffs, and they appealed to a
special jury, and at the second hearing the plain
tiffs introduced evidence to prove the account
sued on, and closed; and defendant introduced
no evidence, bnt hiB counsel proceeded to state
to the jury his points, to-wit: That plaintiffs
had failed to make ont a case; and the Court
refused to permit the defendant’s counsel to be
heard to make any objection to the rendition of
a judgement against him, on the ground that he
had filed no plea: ■ '
field, That this was error. If the defendant
has filed no plea he is in default, and cannot in
troduce evidence, but this, under the long estab
lished practice in Georgia, does not entitle the
plaintiffs to a judgment till they have made out
their case by proof, and the defendant without
a plea, has the right to object to the rendition
of a judgment against him; which upon the
plaintiff’s own showing is illegal.
Judgment reversed.
Marion Bethune, for plaintiff in error.
Wijlis & Willis, for defendants.
Phillip Causey vs. James M. Cooper. Com
plaint from Randolph.
Warner, J.
When the plaintiff instituted suit against the
defendant, on an open account for $227 75, and
the defendant filed a plea in which he alleged
‘ ‘that he did not undertake and promise in man
ner and form as the said plaintiff has shown
and complained against mm, and of this he
puts himself npon the county, etc.” This plea
was sworn to by the defendant. The plaintiff’s
counsel made a motion to strike out the defend
ant’s plea, on the ground that the plea of the
general issue, although filed under oath, was not
an issuable plea; which motion tho Court sus
tained, and ordered the defendant’s plea to be
stricken out, and allowed the plaintiff to take a
judgment for the amount sued for in his decla
ration :
Held, That the legal effect of a plea of the
general issue by the defendant is an absolnte
and general denial of what is alleged in the
plaintiff’s declaration, whereby the fact of in
debtedness is affirmed on one side and denied
on the other, whioh denial of indebtedness to
the plaintiff is an issuable defense, and if sworn
to by the defendant, entitles him to go before
a jury for the trial of that issue.
Judgment reversed.
B. S. Worrill, for plaintiff in error.
H. Fielder, for defendant.
John T. Grim vs. Stephen A. Sellars. Motion
for new trial, from Sohley.
Wabneb, J. :
: ‘When a motion for a new trial was made in
the Court below under the 6th section of the
11th article of the Constitution of 1868, on tho
grourid that the verdict of tho jury was illegal,
and it appearing from the record that there was
evidence on both sides in regard to the matter
in controversy between the parties:
Held, That according to the repeated rulings
of this Conrt, that, in order to make a verdict
illegal, it must have been rendered without evi
dence to support it, or so Btrongly and decidedly
against the weight of evidence as would author
ize the Court to interfere and' set it' aside, and
that as the verdict in this case does not come
within that role, it was not illegal; there being
sufficient evidence in the record to sustain and
support it, and that the Court did not err in re
fusing to grant the new trial, on the ground of
illegality in the verdict of the jury.
Judgment affirmed.
M. H. Blandford, for plaintiff in error.
S. Hall, by M. Smith, 0. ; B. Hudson, for de
fendant '•-*
Peter F. Mahone, administrator, vs. David L.
Howard, etal. Equity from Talbot.
Wabneb, J.
When M.,_ as the administrator of H., in
January, 1865, sold at public sale, under an or
der of the Court of Ordinary, certain parcels
or tracts of land as the property of his intes
tate, a portion of which was purchased by one
of the distributees of said estate in his own
right, and a certain other portion thereof was
purchased by said distributee as the guardian of
the other distributees of said estate, and the
administrator took the individual notes of the
purchaser in his own right, and as guardian for
the amount for which the land sold without se
curity, and executed deeds conveying said land
to the purchasers thereof, and afterwards filed
a hill alleging that at the time ho sold tho land,
took tho individual notes of the purchasers, and
executed the deeds of conveyance, that he be
lieved that the assets of tho -estate on final dis
tribution would be sufficient to cover the
amount for which the land sold os tho distribu
tive shares of the purchasers thereof, but that
the emancipation of the slaves belonging to
said estate has left the said purchasers and dis
tributees with scarcely any means to pay the
purchase money for said lands save the land
itself, and the prayer of the hill is, that the
purchasers of said land may be restrained by
injunction from selling tho same, and that the
deeds executed to the purchasers by the com
plainant as administrator may be canceled, and
that the purchasers of the land sold at the ad
ministrator’s sale may be decreed to convey the
lands hack to the administrator. It appears on
the face of the complainant’s bill that there
were other lands and other property belonging
to said estate, the amount ana disposition of
which, by the administrator, is not shown:
Held, That since the vendor’s lien has been
abolished in this State, that the administrator
has no equitable lien on the land for the unpaid
purchase money, and that he does not make
such a case by his bill as entitles him to the re
lief prayed for, and that the demurrer to the
bill was properly sustained by the Conrt be
low.
Judgment affirmed.
Marion Bethune, for plaintiff ki error.
Willis & Willis and J. M. Matthews, for de
fendant.
John Jones vs. John A. Payne, et ah Demur
rer to bill from Lee.
McOay, J.
1. Minors cannot submit their rights to arbi
tration so as to bind themselves, nor can this
want of capacity bo cured after tho submission
by the appointment of a guardian ab litem by
the arbitrators, nor even by the Chancellor, un
less there be a suit pending to which the minors
are parties, and the submission be under an
order of the Court.
2. To make a good statutory award, the sub
mission under the statute must be in writing,
and when there was a submission in writing,
and the parties by a subsequent parol agree
ment chose a now arbitrator, and submitted a
portion of the dispute to him, his judgment,
whatever maybe its effect as a settlement of
the dispute, is not a stalutory award, and can
not be put npon the minutes of the Superior
Court as a part of the award nnder the within
submission.
3. Where there was a suit pending in Lee
county in favor of A, who was a resident of
Terrell connty, against B. and it was agreed
between them that this controversy, as well as
another and distinct controversy between A
against B, C and D should be submitted to arbi
tration, and the award be pat npon tho minntes
of Leo Superior Donrt, where B and O resided,
and A subsequently attempted to have placed
on said minntes what he claimed to be an award
in reference to the dispute between himself and
B, C and D:
Held, 1. That the award must be resisted ac
cording to the provisions of the Code, unless
there was some ground for equitable interfer
ence to set aside tho award.
2. That the want of power in a Court of law
to do anything more than set aside or confirm
the award under the statute is not a ground for
equitable interference, in order to settle the
whole controversy.
3. That the submission of the controversy to
arbitration, to be returned to Lee connfy Supe
rior Court, does not give equity jurisdiction in
that county against A. who resides in Terrell,
except to set aside the avowal, and not for that,
unless there be some reason why the statutory
remedy for assisting the same he insnfficient.
Judgment reversed.
Vason & Davis, C. B. Wooten, by Lochrane &
Clark, W. A. Hawkins, for plaintiff in error.
Lyon, DeGraffenried & Irvin, for defendant
John Doe, ex. dem., Samuel Edy and others,
vs. Richard Roe, 0. B. Shivey.
McKay, J.
The existence, genuineness and contents of a
deed shown to be lost or destroyed, may be
proven by a certified copy of the record of it,
if it has been properiy and legally probated for
record.
Judgment reversed.
H. Fielder, for plaintiff in error.
A. Hood, by Kiadoo, for defendant.
D. F. Bryan, and others, vs. The Slate. Pro
ceedings against Road Commissioners from
iBandolph.
McOay, J.
In a proceeding against Road Commissioners
before the Superior Court, nnder 701 section of
the Code (Act of 1866,) for neglect of duty, it is
error in the Judge to compel the defendants to
answer nnder oath qnestions, the answer to
which may snbject them to a fine, forfeiture or
penalty.
Judgment reversed.
H. Fielder, for plaintiff in error.
S. W. Parker, Solicitor General, for the State.
Y. D. Seale vs. Ordinary of Chattahoochee
county. Action of Trespass on the case for
negligenoe from Chattahoochee.
McOay, J.
Under the laws of this State an action does
not lie against the county for damages caused
by neglect of the proper authorities to repair a
bridge; it not appearing that it was a toll-bridge,
or such au one as was built by a contractor, and
that there was a failure to take the proper bond
of indemnity required by sections 710 and 711 of
the Code.
Judgment affirmed.
“Call Me Otto.”
The following is vouched for as b.eing a ver
batim report of a speech delivered in Frank
fort, Kentucky, recently by a German Radical
officer seeker:
Mine Frenis—Lames and Shehtle-
mens : Ven I cooms to dis country I coom
vith mine heart warm in de cause of liberty
and the rights of mine colored frents. I foorst
fought mit the army of de Potomax mit Gen
eral Mike Clellen, and ven the President call
for colored troops, I raise von regiment and
was villiog to sacrifice de last man of mine
command to safe the glorious vlag, and the
best government the world ever vas seen. I
was always a Bepublican, and am a Republi
cans now, and de frents of de colored beebles.
I vants to be tbe frents of de colored beebles,
andvants to beBolice Shudge; and I vants
de colored beebles to veel dat I love him. Be
colored beebles, is sogoot as de vite mans,and
as better no goot. v en he meets the vite
man he shoodt not speak to him bolite. He’s
yust as petter as any vito man, and yust as
better as me- Mine colored frents, ven you
meets me on de shtxeet I don’t vant you to
call me Mr. Yon Borries; I vant yon to call
me Otto: and mine frents, ven I gets to pe de
Bolico Shudge, I yust be your frent. Mine
frents, I tank you.
Cotton Seed Oil.—The Vicksbug Times,
ofthe 17th initant, says:
Those who have had their curiosity excited
to know what becomes of the large amount of
cotton seed oil manufactured .in this city and
other Southern towns and dries, will be grati.
fied to know that most most of the salad oils
now brought into the market are made of cot
ton seed oil, refined and bleached. Among
all the substitutes for the genuine olive oil,
none is better than cotton seed, since we are
able to get it fresh; while the genuine olive oil
often shows, from its. usage, a beginning at
least of rancidity. This cotton seed oil resem
bles linseed oil in its drying, properties and
makes, consequently, a better, oil for painters
than for lubricating machinery. Boiled with
litharge, it yields an excellent diying oil. Ex
tensive manufactories are now being erected,
and the demand is already enormous. ,The
crudc'oil is used to make soap, to grease wool,
etc.
A laundress gives the following recipe for do
ing, up shirt bosoms : Take two ounces of fine
white gum arabic powder, put it into a pitcher
and pour on a pint or more of water, and then
having covered it, let it stand all night. In the
morning pour it carefully from the dregs into a
olean bottle, cork if and keep it for nse. A ta
blespoonful of gum water stirred into a pint of
starch made in tho usual manner, will give to
lawns, either white or printed, a look of new
ness when nothing else can restore them, after
they have been washed.
From Texas.
New Danville, Texas, June 7,1870.
Editors Telegraph and Messenger :—I no
ticed in several numbers back of your estima
ble paper a communication from some Texas
emigrant The writer, it seems, has a partic
ular aversion for everything he has seen in
Texas, and he has also found things grossly
misrepresented. In the first place, he was
told that corn was worth only 37 J cents per
bushel, and he paid $1 00 for it, and meat or
pork, flour, etc., in proportion. Well, in re
ply I can say that last fall, when I suppose
.the writer got his information that provisions
could have oeen bought for these figures, that
is, say 50 cents for corn, 4 to 6 cents for pork
and land from four to five dollars per acre. I
can testify that these were the ruling figures
at that time or, that is, early in tlm fall season,
and when you take into consideration that the
people of Texas planted last year all the cot
ton they could tend'well Com had become
almost valueless here as there had been com
paratively little emigration here since the war.
and the high price of cotton induced all the
farmers to plant all the cotton they could culti
vate ; and when you take into consideration
that, at a low estimate, 100,000 emigrants
came to Texas last winter, you will not be sur
prised at provisions and lands going up to
such fabulous prices even iu Texas.
I have been living here for the last ten years
and most of tbe time com, pork and laud
have not ranged higher than the figures rep
resented to him. But last winter the_ prices
sprung up almost by magic, and land will con
tinue torisehere as the Texans generally know
all about anything will bring in any market,
and keep as well posted in matters that con
cern their immediate interest as any people
living. I can tell your correspondent now and
all the Georgians, if they expect to “euchre”
a Texan, just coming here as a great many
say “green from the States,” they will be bad
ly mistaken.
Society, he says, or wliat they call in good
society, land is selling from ten to twelve dol
lars per acre. I would like for your corres
pondent to inform me who has sold land at
these figures, although I will admit a great
many ask these figures, but such people would
not sell at any price. They constitute what
your writer terms “good society.” Will your
correspondent please inform these “benighted
Texans” at whose “feet he was brought up.”
I claim to have been born in old Georgia
and lived there until, like your correspondent,
I was forced to leave when it got to be a mat
ter of pecuniary interest to me to emigrate,
and I can safely say that I have associated
with all classes of individuals here and in Geor
gia, and I suppose I had the privilege of know
ing what good society* was there, having been
reared in five miles of your old boasted Capi
tol and was born in the county of Hancock-
brought up at the feet of such men as the
Pierces, Hills, Johnsons, Cobbs and a host of
other distinguished men—not, however, claim
ing relationship with either of them. But I
can safely say that I have never met or asSoci-
aed with better individuals than there are in
Texas, that is, in the eastern portion of the
State.
Will your correspondent please inform your
many readers whence came the society of eas
tern Texas? Is it not composed ot the best
men from the cider States, or some of the
best? Or does ho suppose when men emi
grate to Texas they lose all self respect and
forget all the enlightenment they formerly
possessed in your boasted State.
Now I will state a few facts. Men will emi
grate to Texas whenever they see the advan
tages there and here compared so far as agri
culture and the returns from their labor are
compared; and the best way for your numer
ous readers to find out these resources is to
get them a Texas Almanac containing all tbe
agricultural resources of tbe State, value of
land in each county, and all tbe information
necessary for an emigrant. Then if not sat
isfied that any good can “come out - of Naza
reth” see it for themselves. I will say, how
ever, in conclusion, that if the seasons hold
out and crops hold out as they promise, Texas
can feed 200,000 emigrants next year and not
be badly hurt. Tell your Tom and Bill as
they style themselves to go back to their boast
ed Irwin county, as the latest news I saw from
there in an exchange was, that one of their
countrymen bought a bushel of meal and paid
for it in gophers and received three mud tur
tles in exchange. Yours,
Texas.
The last step in tbe movement of consoli
dating all tbe anti-Western Union telegraph
lines in the counter, took place at Boston last
week, in the election of the new board of di
rections of tbe Franklin Company; and soon
we shall have arpretty formidable rival to the
Western Union in the Atlantic and Pacific
Company and its wires. They will embrace
the Franklin wires from Boston to Washing
ton, the old Atlantic -and Pacific lines from
New York to all the leading Western cities
and the Missouri River, and the lines, respect
ively, of the Union Pacific and the Central
Pacific Railroads; all of which are now up and
in operation, and give reliable communication
across the continent and between all the prin
cipal cities of the great business belt ofthe na
tion. The capital stock of the new company
is put at $10,000,000, of which the old Atlan
tic and Pacific Companyis aligned $3,000,000
and the two Pacific Btulroa : lines $3,000,000
each, while the extra $1,000,000 goes for the
Franklin lines and the general amelioration of
the obstacles to the arrangement.
Wict Twain as an Agbicultubal Editor.—
Turnips should never be polled; it injures them.
It is much better to send a boy up and let him
shake the tree.
The guano is a fine bird, but great eare is
necessary in rearing it It should not be im
ported earlier than June or later than Septem-
>er. In the winter it should be kept in a warm
place, where it can hatch ont its young.
It is evident that we are to have a backward
season for grain. Therefore, it will be well for
the farmer to begin setting out his cornstalks
and planting his bnckwheat* cakes in July in
stead of August
Concerning the pumpkin—this berry is a
favorite with the natives of the interior of New
England, who prefer it to the gooseberry for the
making of fruit cake, and who likewise give it
the preference over the raspberry for feeding
cows, as being more filling and fully as satisfy
ing. The pumpkin is the only esculent of the
orange family that will thrive in the North, ex
cept the gourd and one or two varieties of the
squash. Bnt the custom of planting it in the
front yard with the shrubbery is fast growing
ont of vogne, for it is now generally conceded
that the pumpkin, as a shade tree, is a failure.
Filial Love.—Filial love, in its purer forms,
is one of the noblest and holiest kinds ot hu
man affection, and is grateful alike to the giver
and receiver. This sentiment was deeply im
pressed npon the heart of Henrietta Chow, who
ives in Elmira. Henrietta is seventeen years
old, and the other night, when die desired to go
to the arcus, her mother said she shouldn’t,
whereupon Henrietta picked up the rolling pin,
and after fracturing her indulgent parent’s
skull, she executed a war dance over her pros
trate remains. Perhaps it is superfluous to
mention that the young man to whom Henrietta
is engaged has disappeared. He was heard to
remark that there was a fine opening for bache
lors in Australia, and it is supposed he has em
igrated. He was a man who always faked affec
tion in an ardent form, but he evidently thought
Henrietta was almost too demonstrative. No
oards.
Getting Ready fob Victory.—The Demo
crats and Conservatives of Alabama will hold a
State Convention, at Montgomery, on the fiist
day of September to nominate candidates for
State officers.
Mb. E. C. Hannon, a resident of Montgom
ery, Alabama, almost from its settlement, andone
of the most respected citizens of the place drop
ped dead on Perry street,' Tuesday afternoon,
about 3. o’clock. Before tbe war, Mr. H. was
President of the Bank of Montgomery.
Lager and Hof.—The cry is short hops and
scarce lager and it is filling part of the world
with anguish. There is also a great alarm about
roast beef. The country is running behind
hand in Long Horns and Short Horns and no
horns. The Western supply of beef is getting
low and what is New York to do ?
Gen. Wade Hampton has beaten his sword,
into an $18,000 steam plough.
Society In New York-*- -
From the New York Commercial a,I
“Macaulay,” who writes fronwT-^' 1
Rochester Democrat, draws the Mt * %
aggerated picture of the conflifivTht
what is called the best society
he^goes J* *****
. “Amongour ‘first families,’thefo,,^
is very peculiar. Hereiaahusb/.^ ^
wife so tenderly that he keops a^l 0 ^
much as possible. HeisahiSffi frtt
home at midnight, or later, beipn *
town by office duties. What able
word ‘business’ is, and how lifrp
cover a multitude of sins! Whew Mlr ‘
ness men from ten o’clock p M eatCtl
hours of the morning set in? Ki? <
lies might he told of that
often pleading as an excuse for *3*
men have children, bnt how
of them ? When do they see them^ 0 ?'!
perhaps, on Sunday. The wife A[
hand, has her house, with its fi n » I
pictures, its $1,000 piano, ik l,
everything bnt domestic felicity
growup. They have no hom e :'
dwelling has no domestic S.
wander off to the Club hCZS i
and to similar resorts, to find
them under their parents’ roof
do these children bear to their paren t
simply nuisances. If daughters T' ?
instructed in the mysteries of tv'v - T * ,
an endless drain on the
they are packed away to hoarder,
the lessons in mischief find anu^r i *i
wonderful to see how “full 0 f -1
fellows get before they are fourteen m *
idea they entertain of a mother? i
dresses in fine clothes and sits
parlor, while they are playing ■£2* *
What is their idea of a
of a strange man of whom they JL * I
who appears once a week or sohutef.'V'
He is the ‘governor,’ or the ‘old ^
money, and that gives him import*^
great question is how to tap his 1
must be had. It may be coaxed r-
mother, but ‘the governor’ i s -
managed From him it must
another way, and in that way it i,T
What a paternal condition is thiv
of tho world has a brace or more
are going to ruin as fast as posa^
are his masters now, and money teevv-C
I knew one of these fellows to
father thus: *1 want yon to send me'e-fj
dred dollars, and never ask me any c-"" 1
What a blissfulrelationdid theseholdtov
other ? The son ran through all
sipatioD, was a gambler, rake and drcS.'l
by enlisting while in a state of inter J
died in the service. I lately askeda^d
youths concerning fate brother.
■where Dick is,’ was the reply. ‘He i-’j
up with the governor and cleared out’ ']
not, however, gone off empty handed J
‘governor’s’diminished stock of ‘go 1
can testify. One of the ‘governor^ i
tempted to stop his son’s late hoars if l
the key npon him. He never did thislij
The ingenious youth did not need a fell
pitched a paring stone through the :h'.J
window of the second story, and thaos*
repetition. The next night he was ml
out. Most of these youths bring the w
or’ into a treaty of neutrality with a 3
subsidy. ‘My son,’ quoth one of the-J
emors’ to another, will have §2,000a ja ]
too much, I know, bnt what can yon ii J
it ? Tho boy is ruined, and you can'tnij
any more so.’ When ‘the boy’ has go*. J
lowance it is all right Hie governor b I
but seldom, and never interferes t|
schemes of pleasure. ‘Ihe boy’isonthj
the time—races, theatres and gamin 3
more fascinating than dull receptions sit'J
ing parties. Several grand balls wets j
the past winter, among the demi-mniei
chief patrons were found among oar “fsi
men.’ Occasionally, one of these Mini
killed or commits suicide, and then thaj
sensation in high life, bnt it is qnieil: S
ten. We did not expect anything di£:.i
A verdant young man who was pnai
ously into shop windows was rndelj'f
the proprietor of a cnstomeiless esti
what he wanted.
“I wanted to see what you sell here,'!
the young countryman.
“We sell fools,” was the response.
“Well, yonmnstdoagood businesses
the only one left.”
News fbom Abroad. --The Memphis In
of Tuesday says:
Last Friday a train of sixteen wago:; u
through town en route for Oregon, froai
Georgia. The number of women, c,
shot-guns with that train could not be i
The chiefs of the colony expected to i
trip in ninety days.
The papers say that the speculators-I
French Bourse start, every now and i
alarming report about the health of the F
Emperor, in order to hear Rentes.
TheNow York Tribune says the appoii
Mr. Ackerman will strengthen the Fie
Cabinet. The President could not wei
Boston Post.
Last Sunday was a hot day in Net J
mercury stood at 118 in the sun andsf
the shade.
An Iowa farmer thinks his two
hands “worth more than their weights 1 ]
It is estimated that Cincinnati’!!
will net the larger beer shops of tlute?|
000.
Mbs. Gunn, of Indiana, has goat of 1 !
stranger, leaving a disconsolate hnat*s|
several little sons of Gunn’s.—
Let us never forget that every st»ti* j
is necessary; that not the station it*! “
worthy fulfillment of its duties, does t "'
man. __
Said the late Amos Lawrence, of 1
owe my present position in society, t
to the fact that Inever used rum ortobi
The Legislature of Oregon,
Democratic majority, meets in Sepl
elect a successor to Senator William*, ‘
can.
A Louisville man, who is a j
Eastern college, and has practiced 1»*'J
icine, and studied for the minis r
a brick-cart, and thus earns an I
If other parties with the 1
would follow his example it might F
tough for cart and bricks, but it
ly be bully for patients and clients.
Spoons Wanted.—If Batler s sUt^' j
the Cabans is true, that they ofi
to purchase influence, it is easy ’
his dissatisfaction. What he w»nM
New York Sun, (Radical)
Three brothers, Richard
George T. Robinson, all residing
New York, but in different “ .> >
were strioken with paralysis^ I
about the same hour of Sunday ' I
Providence High School.—J
tiou to the announcement of thie Jjj
located at a very healthy point in ^
a community of intelligent and ^.
pie. It is in charge of two g e[1
reputation for scholarship and <- . J
the best. We reoommend this *
readers. .
Chance fob Investment.—!See b*
ment of auction sale of asset! o ^
ance Company of Savannah, by ^
Here is an opportunity to pnrtf 115 ''
class securities.
Good fob North Carolina ^ ^
Prominent gentlemen who we re ^
city last week expressed the
that the Democrats will obtain * ^
Legislature of those States nest
terms of United States Seoat® 1 ^ ^
Abbott expire in March next »
Democrats will elect men
to fill
*
‘Oak you return my tor* “J
Certainly; I don t wwrt ^ *
■Ml