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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