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The Greoi-gia Wp^kly Telegraph- and Journal &c JN/tessenger.
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Telegraph and Messenger.
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~ ~ \i CON JULY -S<0. _____
wjfcw YorltV* 1 «iiite Slav?*.”
The Sub. under this standing head, parades
the complaint* of men and women to the amonnt
of two or three columns a day. They work too
bard—don’t get wages enough—have too many
hours of labor, and are generally victims to the
oppressions of greedy and remorseless capital.
And what the Sun dees in this particular for
New York, other papers are doing for the other
large cities. There is, in fact, a great cry of
grief coming np from Northern free labor, so-
called, and we don’t see bow it can be abated
unless by abolishing the primal curse altogether,
and instead of the eight hours'-labor act, pass a
law compelling those heartless capitalists to pay
the wage withontthe work, and declare per
petual holiday, which would only make men
more miserable. It is certain that wages are
much higher and work lighter now than they
ever were in any previous generation, and un
questionably, the employing class, or so-called
capitalists, are nsually the hardest workers.
But there seems to be no point of accommo
dation between these classes, and we doubt not
these questions are gradually assuming a politi
cal party shape, and will convulse the country
in time more than “African slavery’’ or invol
untary labor ever did. It is ominous that the
self styled partisans of free labor should be
pressing their grievances npon the public under
the conjury of “slavery.” “White slavery,”
forsooth; as if he who were laboring under the
stipulations of a voluntary contract, which ho
could annul at any time, wera in any sort a
slave. His only taskmaster is the physical wants
of a common humanity, and the resources of
the world aro before him out of which to choose
the easiest method of satisfying these want?.
What slavery is thero in that? And when, nn-
der the usual organizations of labor, its price
and conditions aro to a very great extent fixed
by itself, surely there seems to be little other
cause of complaint than that which mnst lie
against the hardship of the physical necessity
of any labor at all.
But diligent labor is imposed by the Creator
on every son and daughter of Adam. Some
skulk the duty under one excuse and malprac
tice or another, but no man who can labor is
excusably idle. And he who labors steadily,
faithfully and earnestly in the sphere in which
Providence has placed him is ordinarily a happy
and virtuous man. We never knew a man ex
traordinarily voluble in complaints about his
condition, fate and prospects, who could be sub
stantially improved in any respect by external
interference. He is better off than he deserves
»■ Nr ^ <t tTitklus It Back. /■
Varney Gaskill, v.-ho proclaimed - himself
through the executive office to the world at large,
on Monday last, so terrible a scoundrel as to
take money and bonds which did not belong to
him and use them in effort to bribe and corrupt
Treasurer AngierT.on Tuesday pens a card to
the public in which lie roughly endeavors to rub
off some of the filth and mire, as it were, 1 with
a corn-cob. We append his card in order to
show what ln^k a shifty man finds in defending
himself from his own self-vilifications. If the
“ Executive ” stated Varney's confessions a little
stronger than he made them, why don’t Vamey
say so in plain words; or is he better satisfied
to salve his wounds in a privato arrangement
with the Governor?" We must hold Vamey to
his confession as stated by the Governor until
he takes distinct issue with it. The man who
confessed himself a desperate villain in clase-
meeting, and afterward got into a fight with a
neighbor who took him at his word, might plead
usage and a kind of fignrative signification of
terms; but no such varnish can avail Vamey in
this case. The proclamation was plain prose,
and his pleadings and confessions the most ex
plicit acknowledgement of crime in the world.
We give his card, however, below:
A CARD TO THE PUBLIC.
Atlanta., Ga., June 28, 1870.
To the People of Georgia :
I desire a few words with the people of Geor
gia, in explanation of my conduct as developed
by the testimony before the Bollock-Angier
Committee. Some will censure me because they
desire to do so. Others will look at the facts,
and make np a judgment based upon the snr-
soundings. All that can ba said against me is,
that I paid Treasner Angier money for doing
wbat I believed tho law required of him. But
law did not require him to labor at extraordi
nary hours, which ho did, and that was what I-
paid him for, nothing else. I never asked a
bond, till the Brunswick and Albany Railroad
had done all in my opinion, the Jaw required.
I am as innocent of any intended wrong in
this matter as any citizen of Georgia.
Dr. Angier thought he had a right to take
pay for extra labor, and I did not imagine it
was wrong to pay him. The Central Railroad
has been, from the start, opposed to the State
endorsement of the Brunswick & Albany bonds.
The fight between the roads has been tierce. 1
had it from a source that satisfied me the au
thorities of the Central Railroad would have
me prosecuted. Knowing that I am innocent
of any intended violation of law, and believing
that the Governor, from the testimony, must see
that I did not intend to do wrong, only to bo
relieved from tbe perplexities of a prosecution,
I asked and got a pardon in this behalf.
I simply desire to be relieved from any un
necessary trouble and expense in tbe matter.—
I acted as an Attorney for other parties. The
State has lost nblhing by my act.
I have been a citizen of this State for near a
quarter of a century. I have obeyed tho law,
paid my taxes to support the Government
promptly, and labored for the common welfare
as faithfully as most men. I regret this whole
to be, and help would hurt him nine times out of I affair more than any friend can for me. I have
labored to maintain an upright life. Barring
frailties, to which all flesh is heir, I have a re
cord, which I am not ashamed to leave behind,
when called to that “ bourne whence no traveler
returns.
I make these statements because I desire the
good opinion of my fellowmen and to be under
stood.
Such papers, as notice my connection with
this affair, will confer a favor by copying this
note. V. A Gaskill.
Brant to Change Ills Cuban Policy.
One of the rumors from Washington during
the past week, says the World, is that Grant is
only waiting for the adjournment of Congress
to make a new deal in regard to Cuba. It is im
possible to ascertain the truth of the story, but
the statement is that he (Grant) has become
satified that his policy in reference to Cuba is
not satisfactory to the people of this country,
and is determined to change it, but he doe3 not
want Congress to get the credit of making tbat
change. His desire is that the resolution of the
Senate shall pass both Houses, under which he
cannot do as he pleases, and then as soon os
Congress adjourns and gets out of the way make
radical changes in his cabinet, placing some
person in the State Department whose views in
regard to Cuba will be precisely tbe opposite
of those held by Mr. Fish, and men in other
positions who will co-operate with the new Sec
retary of State, and inaugurate a new and bold
Caban policy, thus obtaining the credit himself
rather than give it to Congress. This is also
given as one of the reasons why the resignation
of Mr. Pierrepont is held so long unacted upoD,
os it is proposed to take him in on tbe new
arrangement. This story is given for what it is
worth; there may be a gram of truth in it. and
may not. The strongest reason lor looking upon
it ns impossible is the fact that the planning of
such a scheme would exhibit more ability than
Grant has shown since he has been in the exec
utive chair. He has thus far seemed to prefer
to drift, trusting to luck to bring him out
straight rather than trouble himself about ma
turing any plan for future operations beyond a
visit to some summer resort or fishing excur
sion. His anxiety for a re-election may, ho w
ever, stir him up to carrying out that or some
other bold scheme.
Col. Ben. C. Yancey issues from his sylvan
retreat on Coosa river, a manifesto announcing
the reinstatement of Col. David W. Lewis as
Secretary of the State Agricultural Society
He also calls a convention of the State Agricul
tural Society to meet in Atlanta August 16th,
and announces that three delegates from each
County Society will be passed by the railroads
free of charge. He says:
The following are among the subjects which
will be submitted to the consideration of the
Convention:
1. A closer connection and mutual dependence
between the oounty societies and the State So
ciety. A plan will be submitted which it is be
lieved will give greater vitality and usefulness
to both.
2. A careful consideration and examination of
the influence and bearing of the Legislation of
the State npon tho interests of agriculture.
3. The system of taxation has some unjust
discriminatiousin favor of corporations and cap
ital—none of any kind in favor of agriculture.
4. Application to the Legislature for a liberal
ipproprintion for the establishment of a Bureau
of Agricultural Chemistry.
6. A geological and agricultural survey of the
State.
C. The reiteration and continual reiterations
of our demand for the payment of tho annual
appropriations by the Legislature of I860, of
twenty-five hundred dollars—ten years' appro
priation now due, and not one ever paid.
7. The delegates from the several county so
cieties are requested to bring up with them full
and detailed reports upon the agricultural condi
tion of their respective counties. Let the re
ports embrace comparative statements of the
probable yield of the crop this year and the
last; tho number of acres in cotton and grain
this year and the last; increase or decrease in
the grain crop; more or less attention to the
production of meats; changes and improve
ments in agricultural implements; changes and
improvements in the modes of preparation and
tillage; changes and improvements in contracts
with and management of labor.
A btoby has been told of a graceless scamp
who gained access to the Clarendon printing
office, in Oxford, when the forms of a now
edition of the Episcopal Prayer Book had just
been made up and were ready for the press.
In that part of the “form” containing the mar
riage service he substituted the letter k for the
letter v in the word live; and thus the vow “to
love, honor, comfort, etc., so long as ye l*?th
shall live," was {made to read “so long as ye
both hhall like/” The change was not dis
covered until the whole of the edition was print
ed off. The World thinks if the sheets thus
rendered useless in England be still preserved
it would be a good speculation to have them
neaUy bound and forwarded to and
Connecticut.
Arm the overthrow of slavery the Radicals
took a wicked delight in telling the Southern
people that cotton was no longer king. In view
of the fact that during the nine months, ending
March 31,1870, the value of raw cotton export
ed to foreign porta waa $172,482,087, or nearly
one-half of our entire exports for that period,
the Albany Journal (Radical) exclaims: “Cot.
on is again King!”
r *i ni L n.- -xm
The Dominican Treaty. f
The New York Sun, speaking of the Senate
reports on the San Domingo investigation says:
The declaration of the partisan majority of
the Committee that no fraud or unfairness has
been discovered is not only refuted by the mi
nority report, which is signed by two Radical
Senators, but is overwhelmingly swept away by
the testimony and tbe official documents, the
latter actually convicting Vie Adminittration out
of its oxen mouth."
The official document quoted by tbe Sun is
a translation of a secret protocol agreed npon
by Gen. Orville E. Babcock, aid-de-camp to his
Excellency Gen. Ulysses S. Grant, President of
the United States of America, and his special
agent to the Dominican Republic, and Mr.
Manuel Maria Gautier, Secretary of State of the
Department of the Interior and of Police,charged
with the foreign relations of the said Domini
can Repnblii;.
The first article of this protocol reads as fol
lows :
First—His Excellency Gen. Grant, President
of the United States, promises privately to use
all his influence in order that the idea of the
annexing the Dominican Republic to the United
States may acquire sucli a degree of popularity
among members of Congress as will be necessa
ry for its accomplishment, and he offers to make
no communication to that body on the subject
until he shall be certain that it will be approved
by a majority. The acceptaneeof annexation
will oblige the United States to pay one million
and a half in coin in order that the republic may
pay its debt, estimated at tbat snm. If tbe
debt is in excess, it is to be paid by the repub.
lie.
Such a document as that is anything but cred
itable to the President.
IVfiat Became of Tliem?
We copied, yesterday, from the Savannah
Republican, an enquiry by a correspondent of
that paper, as to what became of the $600,000
worth of State bonds authorized by the Legisla
ture, on March 12, 1866, to be Issued in order
to pay Georgia’s share of the direct land tax
levied on the different States by Congress in
1861 or 1862.
We are informed that after Congress suspend
ed the collection of the tax in question, the
Legislature passed another act directing these
bonds to be sold, and the proceeds devoted to
redeeming State bonds falling due in 1868, 1869
and 1870. They were, accordingly, deposited
in the National Bank of the Republic of New
York city for that purpose, and there they wero
when Bullock came into office. He drew them
out and disposed of them how, and for what
purpose nobody knows exactly—except that
with the exception of some $70,000—not a dol
lar’s worth went for the purpose for which they
were issuod, viz: to redeem State bonds falling
due in the years named.
If it is any consolation to the correspondent
of the Republican, whose mind we hope we
have relieved somewhat, we may add that, in
our opinion, these bonds were used in the noble
work of “developing our resources,” and that
therefore he, and all of us, should be corres
pondingly grateful, and not ask any more'ques
tions about them.
Tiresome People.
The principal State functionaries -in Atlanta
have been hard at work for a year or more to
convict one another of an excess of venality,
corruption and wickedness; and the people be
lieve every word of the testimony; but it is
getting long and tiresome. Treasurer Angier
is out in four colams in the Constitution, show,
ing up Gov. Bullock. In this document Angier
shows how an offioer became entitled to more
than Ida salary and can innocently grease his
fingers a little as follows:
Bribery, with which the Governor charges me,
is the giving or receiving any undue reward, to
influence the behavior of the person receiving
such reward in discharge of his duty in any of
fice of government or of justice. The Treasu
rer read volumes to learn his duty; placed
aelf under obligations to several eminent ju
rists; was threatened with prosecution for
damages; still he withheld the bonds until the
question at dispute was finally adjudicated by
the courts. For all this, and the great labor per
formed by himself and others, in preparing the
many lengthy deeds of trust for each county—
preparing over one thousand bonds—on several
occasions writing until his and arm were
stiff and painful—he has reoeived one bond of
the road, considered by him at the H». of
«ad since sold for eight hundred
(kfllaiB ($800.) This is the sum total he has re-
«•*«£*« extra labor, anxiety and re-
gponsxbility, which the Governor, in Ms great
g^for an accusation, has the presumption to
<yuZI bribery. , / m . ..
L . V d
The Georgia Press.
The City Council of Angusta has decided not
to accept the offer of Fangs & Walker, the New
York contractors, for the enlargement of the
canal.' ji
The Savomyih. Radicals being greatly in want
of money,decided at a meeting a few days since
to raise tlie wherewith by assessing Federal offi
cials there, 24-per cent a month on their salaries-
Tke officials couldn’t see it, however, and the
plan was abandoned.
The Savannah Republican has this to say of
the opinion that the present so-called Legisla
ture of Georgia will decide the question of an
election next fall.
The Next Leqislatube.—We dissent in ioto
from the opinion of the Atlanta Constitution
that, Congress having ignored the question of
an election in Georgia the coming fall, it rests
with the present Legislature to decide tho is
sue : in other words, that the men now siyliDg
themselves legislators under an election that
took place in 1868,- have the right: to decide
whether they shall servo four years instead of
two. They are thus not only.made the arbiters
of their own case, but legally constituted ex
pounders of the Constitution of the State. We
have no thought of submitting any such ques
tion to such a body, and we think the people of
Georgia agree with us in that view and deter
mination. We would be willing, the Bullock
party consenting, to submit the question to the
Supreme Court of the State, which is the au
thorized expounder of the Constitution and
presumed to be a disinterested party and then
abide its decision. This proposition refused,
and all efforts to get the opinion of the Supreme
Court having failed, we are for electing a Leg
islature in November and pntting it in the capi
ta! at every cost. Georgia has stood the reign
of usurpers and blackguards quite as long os
she ought to. j,. .. , ’ . . .J. i r
’ We find-the following local items in the Re
publican : _
A Dead Body Found.—Yesterday afternoon
the dead body of a white man was found float
ing in tho water at Mackey’s Point, and wns
properly secured until the coroner could bo
notified to hold an inquest'
Canteleups.—Canteleups, not muskmelons,
made their appearance in market yesterday
morning, for which one dollar was demanded.
The reporters did not indulge in the luxury.
Anothee Robbeby.—On Sunday night the
store of Mr. John R. Burch, corner of Reynolds
and East Broad streets, was entered from be
neath the fire place, and aboat $250 worth of
property appropriated by the thief or thieves.
Among the thiogs stolen wero twenty-two hams,
and $65 in money.
Cotton ronlimairooL — J. H. Graybill, Esq.
yesterday cleared the ship Star of Hope, Cap
tain Gage, for the above port, with 3,684 bales
of upland cotton, weighing 1,682,689 pounds,
valued at $353,253 28, and 60 bags of sea is
lands, weighing 18,334 pounds, valued at $C,
381 50.
The News says:
Geobgla Fnurrs and Vegetables fop. New
Yobk.—Forty boxes of peaches, sixty green tur
tles, and eight hundred and sevonty boxes of
vegetables wero shipped to New York yesterday
per steamship Cleopatra,
In REsrEcr to the Dead.—Nearly all of the
counting rooms along the Bay were closed yes
terday afternoon, in respect to the memory of
the late Edward Padelford.
The Atlanta Georgian says: The Aib Line
Railboad.—The Directors of this road met yes
terday in consultation with tho South Carolina
Air Line, and the result was a consolidation, the
lino to be hereafter called tho “Atlanta and
Richmond Air Line Railroad Company,” the
following being elected officers:
President, A. S. Buford; Directors, General
A. Austell, S. B. Hoyt, A. Murphy, E. P. How
ell, E. M. Johnson, of Georgia; W. K. Easley,
Gideon Cannon, J. P. Reed, General Harrison,
of South Carolina; R. Y. McAden, of North
Carolina; J. Wilcox Brown, of Baltimore.
Twenty miles of the road are completed, and
thirty-three more under contract which will
bring it to Gainesville by the first of January
next. It is expected to have tho lino open as far
as Charlotte, N. C., by May 1st, 1872.
Bollock has respited Blythe Barlow—negro,
of course—who was convicted of murder at the
last session of Spalding Court, until the lost
Friday in July. He was to have been hung to
day.
The Rome Southerner says four negroes were
buried in that city on Sanday, and one Monday,
three of whom died of consumption. The “lo
cal” of that papen oi»ys this disease is getting
;io common among the negroes, and attributes
it to the fact that they used to eat corn-bread,
and bacon, but now revel in biscuit, beef,
chicken, etc! Well, theie’s nothing like living
and learning. Dr. P.
The Jewish congregation of Atlanta have
bought the second market house, of that city,
for $7,250, and will convert it into a synagogue.
A violent hail storm near Lithonia, DeKalb
county, Monday, injured cotton, corn and oats.
The editor of the Hawkinsville Dispatch says
tho thermometer was 99 degrees in his office,
last Tuesday. Boully might as well got used to
it, though.
Excellent pasturage in the corn and cottton
fields along the railroad from Macon to Haw
kinsville, is reported by passengers.
Peaches at 25 cents per dozen were the sen
sation, Saturday, at Hawkinsville.
We clip the following items from the Dis
patch :
Thiee Abbested.—Last Sunday morning,
about 104 a. si., Mr. Tho3. Henley and A. Y.
Carrell arrested, near Gum Swamp, a young
man with several aliases, but lately known os
Charles Roberson, who wo3 charged with rob
bing, on the 24th inst, Mr. John Buchanan, of
Irwin county, of between $350 and 500 in silver.
Wo learn that tho young man was in tho em
ploy of Mr. B., and was married on the 20th
nst, at his residence; and that he availed him
self of Mr. B.’s temporary absence from home,
on tho 24th, to show his gratitude for previous
courtesies extended him, by relieving his bene
factor of all tho snrplus cash he could lay his
hands upon.
He seems, also, to bo a disciplo of Brigham
Young, and a believer in Mormonism, as, at the
time of his arrest, he was paying his addresses
to a young lady, under the assumed name of
Jack Davis; and it is reported, was engaged to
be married to her at an early date.
About $181 of the stolen money was recov
ered, and the prisoner remanded to Irwin coun
ty, the place where the offence was committed,
for examination.
Sudden Death.—Mr. C. O. Clark died at his
residence, in this place, on the night of the 28th,
of heart disease. He was just recovering from
a serious attack, and was in town lato that after
noon, apparently in better health than for some
time past. He retired at an early hoar, when,
having forgotten to take his medicine, ho re
quested Mrs. G. to administer it. While sitting
up in bed for this purpose, he suddenly feu
back—dead!
Anotheb Death.—Mr. J. T. Williamson, an
estimable young man died at the residence of
Mr. James Fleming, in this place, on the night
of the 28th, of typhoid fever.
Rain.—Goods rains were experienced in thin
vicinity on Monday and Tuesday last. We had
a sprinkle in town on Tuesday afternoon—bare
ly enough to lay the dust. At Cochran there
was a very heavy rain. The extreme heat of
the past few days, has caused us to stand in
need of rain here.
The Dawson Journal, says:
Ceof Pbospkots.—Information from planters
of Calhoun, Webster, and Terrell counties, and
also by parties who have traveled much in South
west Georgia, and personal observation leads us
to believe that the prospect for a good crop of
corn or cotton is not at all flattering. A good
field of com is an exception, and good cotton
can be found only in small patches. The oot-
ia at least one month behind, and will require
the most propitious seasons to w»4« an average
crop.
We find tbs following in the Americas Re
publican, of yesterday:
* * * We understand that in Sumter. Lee,
Dougherty and Mitchell, cotton is diseased from
•zesasiva rains, and a good deal of it is perish-
ing—Macon Telegraph d Messenger.
So far as Sumter and Lee counties are con-
earned, oar Maoon ootemporary has been mis
informed. We have conversed with numerous
fanners from both counties, and they all speak
in the highest terms of the prospects of both
eotteo and- com. From present appearances,
we will have the heaviest crop of many yean.
The Socthehn Fabk and Home. W. M. Browne,
Editor. Published by J. W. Burke A Co., Macon,
G».‘ "Two Dollars a year.
The July number of this excellent magazine
is out with accustomed punctuality. The Farm
and Home is now well established in public
favor, and every successive number proves the
justness.of the commendation it has so general
ly. receivedfrom the press throughout tho conn
try at large. A" few extracts fjjom the mass of
favorable criticism aro given in the advertise
ment by .the publishers in another column, and
to these, it gives us pleasure to call attention,
adding thereto our own hearty commendation
of the publication. Tho current number has
an inviting table of contents—rich m -what re
lates to farm economy, set off by the elegant,
keen and discriminating criticism of the Editor’s
Boole Tatlle. In relation to tho Farm and Horae
Prizes, for the-best original story and poem, the
editor says: - ’
The various original stories and poems, re
lating to rural life which have been sent us as
competing for tho prizes offered by the pub
lishers of the Farm and Home, were submitted,
the names of tho authors being withheld, to a
committee of three gentlemen of learning, taste
and high social standing, to decide which were
entitled to tho prizes. The committee met on
the 10th and 11th of June, read and examined
most carefully all the manuscripts, and . after
much deliberation, decided that .the prize of
fifty dollars in money or books for “the best
tale of Agricultural and Rural life,’’.should bo
given to the writer of “The Wroog Phial and
its Consequences,” and that tho prize for the
best poem should be awarded to the writer of
“King CottoD.” v
Mr. Frank A. Nisbet, of Oswichee, Ala., is
tho fortunate winner of both prizes.
Tho contents of tho July number aro as fol
lows : Frontispiece—an admirable likeness of
tho'lato Charles$5ickens; Farm Work for the
Month; Cotton Seed as a fertilizer' v Fencing in
Live Stock; The Bcr.t Policy Limiters flionld
Pursue; The Correct Length of Whiffle TreeB ;•
Tarnips; The value of Drainage; India vs!
American Cotton; Green Manuring; Cattle
Plague in Europe ; Shelter for Manure; How to
Improve Exhausted Lands; Necessity for a
Mixed Husbandry; The Spado—Poetry; Batter
Making; Letter from a Planter; Tho Hatchet
on the Mantle—Original Stoiy; Letter from
John Plowhandles; Forage Crops; Grape Cul
ture in America; The Cotton Crop: Flour; The
Ant; Artificial Stone; The Poultry Yard; Stable
Economy— Cure for Founder and Staggers;
Heaves in Horses; Comparative Value of Stock
Food; Good Advice; How to kill Lice on Cut
tle ; The Vegetable Garden; The Flower Gar
den ; The Orchard; Lawns ; The Apiary for July
—the Best Beehive; Domestic Receipts; Edito
rial; Answers to Correspondents; Editor’s
Book Table. * 3 ‘
The Rural Carolinian for Jnly.
The great trouble in noticing the Rural Caro
linian always, is to notice everything worthy of
mention, and yet occupy only n reasonable space.
This month we give up the task in despair, and
shall only select some of the principal points.
The number opens with a short and interesting
sketch of Mr. Peabody, illustrated with a hand
some portrait of that great philanthropist. This J Hartridge & Chisolm vs. Daniel Fry.
is followed by an able article - on the value of j _ plaint from Muscogee.
This ia turn is
StirRE9IJB'*COCjBT DECISIONS.,
deltvebxd June 28. • S
From the Atlanta Constitution. |
R. L. Mott, plaintiff in error, vs. Hall, Moses
& Co., defsndantsin error. Complaint, eta,
from Muscogee. • : Cx,
Beown, C. J.
1. If the plaintiff strikes the name of one
joint defendant from the declaration on the
trial, because be has failed to prove his joint
liability, ttoFother -defendant may then file a
plea in abatement if ho; wishes to show that the,
person whoso name is ho stricken is jointly lia
ble. But if defendant joins in the plea with
the person stricken, the names of two other
persons, alleging that they are also jointly lia
ble when such plea as to them could only have
been filed under tho statute at tho first term,
such plea, as a whole, is bad, and it was not
error in the Court to refuse to entertain it.
•of the Sheriff, at the earliest. practicable day, to
exhibit the affidavit to the person described \ow T
therein ss being in possession of the land, and * w 1
to turn such person out of the possession there
of, unless the person so in possession shall at
once tender to the Sheriff such counter affidavit
stating tbat be does in good faith claim a legal
right to tho possession of said land, which oath
the Sheriff is a competent officer to administer:
Held, further, That if the person in posses
sion of the land doeg not at once tender to the
Sheriff such counter affidavit, unless prevented
by tbe fraud or misconduct of. the Sheriff from
doing so, (which does not appear in the record
of this case) until after he has been turned out
of possession, ho cannot afterwards file his
counter affidavit so as to give the Court juris
diction to award a restitution of the possession
of the land under tho provision of the Code.
Judgment reversed.
binding when it is of such universal practice as
to justify the conclusion that it became by im
plication, a part of the contract.
3. When a great number of questions are
asked in a single cross interrogatory, this Court
will not scan the answers as closely as if such
were a separate interrogatory. In such case if
the whole*answer, taken together, is a substan
tial reply to the'whole interrogatory, it will be
held to be sufficiently full, though each question
is not separately answered.
Judgment affirmed.
R. J. Moses for plaintiff in error.
Peabody & Brannon for defendant.
Floyd R. Hooper, plaintiff in error, V3. Atkins,
Dunham & Co., defendants in error. As
sumpsit, etc., from Muscogee.
Bbown, C. J.
1. When an instrument in writing, containing
a legal obligation to pay money, is sued upon,
in an action of assumpsit, and is set forth i’n.
hacc verba, or according to its tenor and effect,
the declaration is not demurrable under our
statute, though the instrument may be called a
promissory note, when itia not such technically.
,2. An obligation to pay $500, though in the
form of a receipt, which is stamped with a two
cent stamp, is not legally stamped. Under the
Act of - Congress, it should bo stamped with
twenty-five cants before it is admitted in evi
dence. , . .
Judgment reversed.
R. J. Moses for plaintiff in - error.
Peabody & Brannon for defendants in error.
Tommey&Stewart, plaintiff’s in error, vs. Joshua
Ellis, et. aL, defendants in error. Equity
from Newton.
Bbown, C. J.
When tho plaintiff in a judgment has taken
the benefit of the homestead and exemption law
and thereby exempted all his property from the
payment of his own debts, a defendant in a
judgment in his favor, who has a judgment
against him and another, which was dormant
when the bill was filed; and has since been re
vived, has an equity springing out of the facts
of tbe case, which entitles him to apply to the
Court of Equity, to have the judgment in favor
of the person taking the benefit of the home
stead and exemption enjoined until the two
judgments are set off against each other; and it
was error in the Court below to dismiss the bill
on demurrer for want of equity.'
Judgment reversed.
John J. Floyd for plaintiff in error.
Clark & Face for defendants.
■ 2 The custom of any business or trade is .Blanford & Thornton for plaintiff in error.
- - ’- - • • ■ -jj LLTi. Benning and W. Ru-sSel'for defendant.
John J. Rutherford, assignee, vs. Catharine A.
Wright. Garnishment from Bibb..
Wabneb, J.
When a motion was male in the Court below,
in behalf of a jndgment, creditor of Catharine
A. Wright to enter judgment against a garnishee
for the plaintiff's debt, which was resisted on
the ground that the fund in the hands of the
garnishee had been set apart as a homestead by
the Ordinary of Bibb county, on the application
of the defendant in the judgment; and on the
hearing of the motion the plaintiff proposed to
attack the judgment of the Ordinary by offer
ing evidence, that at the time of the application
by the Ordinary of Bibb county, for the home
stead exemption, and at the time of its approval
by the Ordinary, that the applicant therefore,
nor her husband, resided in the county of Bibb,
and had not resided in that county for several
years, which evidence was rejected by the
Conrt. It also appears from the record, that
the plaintiff in the judgment did not have any
actual notice of the application for homestead,
and was not represented before the Ordinary,
bat that notice of the application was twice in
serted in tho Daily Telegraph and Messenger
newspaper:
Held, That, according to the. provisions of
the homestead act of 1863, the applicant there
for must apply to the Ordinary of the county
in which lie or she resides at the time of making
such application in order to give the Ordinary
jurisdiction, and that if the aoplicant for a
homestead was not a resident of Bibb county at
the time of the application therefor and approval
thereof by the Ordinary, then the Ordinary of
that county did not have jurisdiction to hear
and allow said application, and the plaintiff in
the judgment should have been permitted on
the trial to prove that the applicant was a non
resident of Bibb county at the time of tho ap
plication, in order to show that the Ordinary of
that county had no jurisdiction,
Judgment reversed.
John Rutherford, Lochrano and Clark, for
plaintiff in error.
Nesbit & Jackson, M. B. Gray, by C. Lanier,
for defendant.
Corn-
Sugar Cane as a seacoast crop,
followed by a very elaborate and interesting
essay on guano and its uses. Two articles on
grasses, one in favor and the other opposed to
their cultivation, give light on that question.
Facts and Figures for rice planters is worthy of
special mention, and Col. Aiken gives two first
rate articles on the mule and the Mississippi
valley. The usual large amount of valuable cor
respondence, numerous contributions on differ
ent subjects, and the editor’s invaluable notes
and suggestions help to make np an amount of
reading matter which will correspond favorably
with the contents of any similar work. A fine en
graving of an Ayrshire cow, a full size wood cut
of the Julien apple, and a pioturo of the new or
namental edible plant, called the “Polymnia
Edulis,” are among the many elegant illustra
tions.
Price only $2 per annum. Address Walker,
Evans & Cogswell, Charleston, S. C.
Life Insurance.
The Soriptnres inform us, that “if any man
provide not for his own, especially those of his
own house, he hath denied the faith, and is
worse than an infidel.” A conscientious, reli
gious man, reading this injunction, will begin
to inquire—“Have I provided for the wife of
my bosom and the children of my loins ? Should
I die to-morrow, are they saved from want and
its accompanying evils ? When I am gone, will
this table still be spread for them; or will they
in their helplessness be compelled to appeal to
cold hearted charity, or drink the cup of bitter
or almost profitless toil?” He who lores bis
family will not hesitate to make the necessary
provisions against these contingencies.
The celebrated preacher—Dr. Camming, of
London—has wisely said in one of his brilliant
lectures:
“The assurance of life is one of the most
Christian things I know. It seems to me a
beautiful illustration of bearing one another's
burdens. And therefore, let every young man
entering upon life, every head of a family,
whether high or low, set his house in order so
far as to assure his life.”
It seems to u3, that when the good man comes
to die, he will depart with a calmer spirit, if he
feels that his loved ones are cared for, than if
he knows they are about to be cast npon the
charity of an unfeeling world.
Appropos. Wo have in Macon one of the
best Insurance Companies in America. Parties
desiring to insure their lives ought by all means
to take a policy in the Cotton States’ Lite In-
subance Co. See advertisement.
Clinttanooga News.
The Times, of Wednesday, has the following:
Habd Up fob Jueobs.—We understand that
at the sale .of the Alabama and Chattanooga
lots on Monday, tho Sheriff was in attendance,
and os fast as the lots were sold he summoned
the purchasers for jury duty. Wo call this
running the thing into tho ground.
CoarrABATirE Fbeiohts.—The Nashville Ban
ner says parties in Atlanta write to tho agents
in that oity, that they prefer to ship wheat from
East Tennessee, as tho rate per bushel over the
East Tennessee, Virginia and Georgia road is
only fifteen cents from Nashville per tlie Nash
ville and Chattanooga road.
Ticket Agent.—Thero was a meeting of rail
road ticket agents in Knoxville yesterday, to
take into consideration the subject of passen
gers’ fares from Eastern cities, from points
Southwest.
Abbested.—We understand that our city po
lice have succeeded in arresting five of the ne
groes implicated fit the rape, a week ago, of two
ittle girls, on tho line of tho Alabama and
Chattanooga railroad. They were lodged in jail
to await trial. It will be remembered that one
of the perpetrators of this horrible outrage w#s
caught and executed on the spot.
True To Ills Lineage.
Waitee Ii. BuTT.ETt, nephew of his unde, true
to the traditions and instinots of his race and
blood, has been locked up in a New York station
house for walking off with half a dozen silver
spoons belonging to the mother of his sweet
heart, while dining with the family reeontly.
Having shown himself so : worthy the family
name and character, Ben will doubtless hasten
to get him a fat office under Grant. If Bollock
should happen to want a yoke-fellow for Gaskill,
•wo should think Butler was the very man for
the place—provided, of course, he doesn’t object
to the association. ^ j banUsJ-
An English lady travelling in France was
stopping at the Grand Hotel du Louvre, where
English is spoken fluently, according to the ad
vertisement, by all the waiters. Hearing of the
prevalence of the small-pox in the city she
rushed frantically to the office, and demanded
of the clerk: “Is the small-pox here ?” “Not
yet, miladi,” was the reply;
rive I send it up to mOadL”
P°*.
“as soon as it ar-
McUAY, J,
In a suit on a note made in 1364, when there
was no plea of the general issues under oath,
but there was a plea of the ordinance of 1S65,
admitting and sotting forth a consideration for
the note, but setting up that the plaintiffs ought
not to recover therefor more than one hundred
dollars, it was in error in the Court to charge
the jury that they might scale the note its foil
amount.
R. J. Moses for plaintiff in error.
Peabody & Brannon for defendant.
A. Gaminell vs. W. K. Schley. Lien of livery
stable keeper, from Muscogee.
MoCay, J.
A livery stable keeper has, under our law, a
lien upon the horses of his customers in his
possession, not only for the board of the horses,
but for other accounts against the customers,
in the line of the livery stable business, and this
lien may be enforced trader the statute for en
forcing steamboats liens.
Judgment reversed.
Peabody & Brannon for plaintiff in error.
Ramsey & Ramsey and w. H. Blanford, for
defendant in error.
A. C. McGee and Elizabeth Hatcher vs. Mason
Jones. Competency of witness from Musco
gee.
MoCay, J.
In a suit on a partnership contract against
the administration of a deceased partner and
the surviving partner, the other party to the
contract may, notwithstanding the death of one
of tlie partners, be a witness, if it appear that
tho contract was made with the surviving part
ner, or with both the partners actually present
and engaging in the transaction, and this is es
pecially so if the surviving partner has himself
been sworn as a witness.
Judgment affirmed.
Blanford & Thornton, Russell, for plaintiff in
error.
Peabody & Brannon for defendant.
Plant ACubbedge vs. Eufaula Insurance Com-
S any. Motion for new trial from Bibb.
IcCay, J.
Where an insurance was a risk upon the rail
road, river, and by sea, from Macon to Savan
nah, via the Ocmulgeo river, and was limited,
by tho policy, to forty days, and the goods in
sured were detained at Buzzard Roost by the
unseaworthiness of the craft, in which, by the
policy, they were to be shipped down the river
so that it had to be unloaded and a new craft
biilt, and the goods transhipped, and the com
pany. by its written consent, agreed to the
change:
Held, That the detention, caused by the re
moval of the goods, and the building of a new
craft, and the transhipment to that, was waived
by tho company and was not to be .counted in
the forty days.
When the verdict of the jury is right upon
the facts, a new trial ought not to be granted,
becanso tho jury have found contrary to the
charge of the Court in a matter, not material to
the finding, in view of all the facts of the
ease.
Judgment reversed.
Lanier & Anderson for plaintiffs in error.
W. Poe for defendant.
J. B. Tanner vs. Isaiah Hillingswortb. Cer
tiorari from Henry.
McOay, J.
A judgment in which an execution issued
within seven years from its dale, is not dormant
if there be a proper entry upon the fi. fa. within
seven years from its date, even though the en
try on'the fi. fa. bo more than seven years after
the date of the judgment.
18. Arnold for plaintiff in error.
S. O. McDaniel, Hill & Candler, for defend
ant
Charles F. Holmes vs. Booher, Fee & Co.
Motion for new trial from Musoogee.
Wabneb, J.
When a motion was made for a new trial on
the ground that there was no evidence to sup
port the verdict, and it appearing from the evi
dence contained in the record that thero was
sufficient evidence to support the verdict, and
no error in the charge of the Court to the
*2.k That this Court, in accordance with its
repeated rulings, will not interfere with the dis
cretion, of the Court below in refusing to grant
a new trial, and that ten per cent, damages
should be awarded, as provided by the 4221st
section of the Code.
Judgment affirmed, and damages awarded.
R. J. Moses for plaintiff in error.
Peabody & Brannon for defendants.
G. W. Martin, ft al., vs. Jesse Wall. Motion
for new trial from Muscogee.
Wabneb, J.
When S made an affidavit in accordance with
the provisions of tho 4000th section of the Code
for the removal of W, an intruder, from a cer
tain described tract of land, and the Sheriff had
executed the process placed in his hands by tbe
removal of the alleged intruder, and had placed
the party making the affidavit in posseamon of
the premises and the next day thereafter, W,
the alleged intruder, made a eounter affidavit
and tendered the same to the Sheriff, wbicb-he
refused to receive; whereupon, at the next
term of the Superior Cdhrt, a motion was made
tor an order requiring tbe Sheriff to show cause rest to be tried on the 3d of August,
why he shonld not restore the possession of the
land to the party making the counter affidavit,
at the time as before stated, whieh motion was
allowed by the Court:
Held, That when an affidavit is made for
the removal of an intruder in powension of
land, as provided by theOode, that it is the duty
No* «naTO,7a'
. A\ow i am getting oldl ’4 I
young, and happjythongH»| e
care, no anxiety to wdghV^O
the energies of my nature u >
and romped overkill and
skipped and play^ ifS
glee. A child of nature, n^ nt W J
ignorant of right and wS “S’?
and wrong that my pearled
and impressed upon my , 0 ' 10:h «i
heart. Mother! What <4
w U h f ^ 4iUerance
ray themselves over a K ain ‘Ir 1 * 3
devotions bestowed by» !■
toother. What thoughts aa3 i
tions of pleasure
mother! AtTthe
the man keeps the storehotS? f *
and hud? caretuily shelved ti l" ? ^
care and devotion of mo-).,‘-‘"
teachings to Ihp, stimd ^ ^
how she sought to
mtic ones with this and that
-the apple of her eye? Uil(l
soul, the representatives of our
primitive dignity and native eLf *
mother sympathised with h-rf, ‘
their trials and rejoiced with A “ e JN
pleasures; how her eye was dimm!?
or lit up With joy. Here is
used to sit mat the tabic hrifcS?
is the httle spoon and knifcS^V
me. 1 keep them stil!, and loot- if*!
often the tear rises unbiddeaat5™*l
that mother, lie an inhabitant of
Silence. UI ‘fei
’ Then I was a. joyous school bov* -
way morning and evenin? to
school, four miles through ^
along a lone and narrow path.' '
well with books in bag anddim * 5
how I ve tread alone that uatlnrk B
bow X walked the polaSfe
how I stood half way on the poles
the little>nny tribe as they withs*^
ed stood still and mow here and
branch and played antics commit
fishes. I often think of the swim •
1 felt as I listened to the ffl
tbrougu the pme tops its whiaii*
music—how JL often rested at the
some majestic pine, and often wktai?
from childhood to boyhood, and to.
I passed. I became a man and it
most an old man. 1 like to look b-iX
the years of my fife, and think of tK
of childhood, boyhood, and of tnanbi
go over again the joys of ehildhwik
and the pleasures t»f manhood, lfl!
on the green again and watch mi u
is onward and upward borne by tk
breeze, and knock the ball, run the it;
win or lose the game; and mankovl
sweet and thrilling scenes—how 1 - k
came with this and that young 1«;
the dance I took their hand and n
gracefully turned them in the «
received in return their soft and „
smiles, and watched the blush tilt
splendor on their beautiful cheeks, J
fused its tints over the face and rdd
neck and bust with the scarlet tell-tiiel
What hours are those in manhood',*
who can measure this bliss? TheliS
touch sends a lTetime joy through tbp
and past man or woman. As 1 nun
old age let my mind be freighted t)|
amusements, hopes and pleasures of did
boyhood, and manhood. A fl
Canned Meats.
According to the statements hi
bourne__ the business of preserving!
export is turning out a profitable spe
Several factories are in operation, ail
mand for the article is rapidly inettte
only in England and the contincr. 1
Australia also for local consnmic.'. |
Melbourne Meat Preserving Cuipi
he half year ending on the 2Sthofite
put up 160,652 sheep and 580 head Jd
the former costing £58,313, and tbrl
£3,29S. The expenditure for wage.
period was £84,213. The profit ■ ea
at upwards of £11,000. This, boam
depend upon the results of sales ml»
which is a contingency liable to beg a
fluenced by the condition of the oij
rival. More than one consignment!;- a
in a pretty bad condition, but the cod
acquired by two years’ labor may b;: I
come the difficulties met with at 41
The success of the business is iaii: f
very beneficial effect upon the vaitij
sheep runs. The new industry
the downward tendency of the price il
and not only prevent the contempta-]
onment of several runs as unprr
saved many owners from ruin,
now paid for sheep is 7s. 3d. per 1
which it is not likely to fall, as one 1
pany in Melbourne has lately increi^
mand 6,000 head per week.
A meat preserving factory has 1
lished in Texas, but whether rt ha; j
paying affair or not we have mt 1
may be too early to arrive at any c
but"the exalted price demanded!-!
the Atlantic cities would appear af
pretty good margin for the enter
comparatively worthless herds;
Southern prairies,shonld the sptq
successful, would possess a value
of their hides, ana would be a msts
tage to thousands of households
lous cities.
Fireworks Explosion j
Philadelphia, June 25.—Abonl (-J
tt.is morning, an explosion occr.rre.i~T
of John Bushier, on the wharf beoij
street. The building was filled ri 2 *
ancl in a few minutes the whole eSf
was destroyed. James Walton.
years, was passing the street at t;- 5 !
was blown some distance and se r:iC )j
about the head, and his eyes »repr>j
It is feared he will not recover-
were promptly on the spot, acdCtejl
a member of the Hope Ho-e,
store with a branch-pipe, and W rl
jnredby an explosion, caches ■
hospital in an hour afterward.^ 1*■■
of the Hibernia were also sligbt.r
The proprietor of the store is ^
His store was burned out lasty®-•
the Fourth of July. The origin o. P*
mystery, as the store was
but it is generally attributed »
combustion. ;
[second DESPATCH j
Philadelphia, June 25.—Th«
out a fourteen-inch wall betue®jv*
and the adjoining one, occnpiw ■ ■
Bro., dealers in fruits and I
Frederick L. Wade, 8no!ht- a
expected to recover. About a
sons were slightly injured.
Thomas Ragland, administrator, vs. M. Barrin
ger, et al. Assumpsit from Muscogee.
Wabneb, J.
When a snit was instituted on a promissory
note, dated 25th December, 1853, and due
twelve months after date, and the defendants
plead the statute of limitations in bar of the
plaintiff's right to recover thereon, and on the
trial of the case the Court charged the jury
“that if more than six years had elapsed from
the time said note became due to th9 18th day
of December, 1860, then the note was barred
by the statute of limitations, and they shonld
find for the defendants
Held, That the Act of 30th November, 1860,
winch provided for the suspension of the statute
of limitations during the susupension of specie
payment by the banks, which fact of tho sus
pension of the banks was to be made known by
the proclamation of the Governor, that the
statute of limitations was not suspended from
the date of that act, bat. from the date of the
Governor’s proclamation, which was made on
tho 18th December, 1860, proclaiming the fact
that the banks had suspended specie payment
in accordance with the terms and provisions of
that act; and that there was no error in the
charge of the Conrt below to the jnry on this
point in the case. ..
Jndgment affirmed.
Peabody & Brannon, Smith & Alexander, for
plaintiff in error:
Ingram *£ Crawford, R. J. Moses, for defend
ant. .
A Horrible Record of Crimes and
Casualties.
St. Louis, June 27.—Two men, named Jor
don and Bsiloy, engaged in cutting wheat ten
miles from Knob Noster, in this State, got into
an altercation about a quarrel between their
children. Bailey drew a knife and threatened
to cut Jordon, whereupon the latter struck Bai
ley with a scythe blade, entering his back,
passing through his heart, aud coming out in
front, killing him instantly.
Col. Thomas Bennett and Rush Wilson were
knocked off the excursion train on the North
Missouri Railroad, a few miles from this city,
yesterday. They were instantly killed. Jacob
Kohler was also knocked off, but was not dan
gerously hurt The accident occurred while
passing under a bridge.
Johanna Sullivan and Hilbert Adams at
tempted suicide yesterday, bat neither suc-
eded.
Christopher Swift was drowned while bathing
in the river to-day.
Memphis, June 27.—Harris Bailey, residing
near Somerville, Tenn., poisoned himself and
three children by giving them bed-bug poison,
thinking it was wishky. The children ail died.
He will probably recover.
Louisville, June 27.—Charles A Handmaker
committed suicide this evening by shooting him
self through the heart He leaves a wife and
three children. No cause is assigned for the
rash deed.
Omaha, June. 27.—During an attempt to ar
rest Brainard Dorer, last night, for adultery, he
stabbed Constable McLean, Colonel Miilhay
and an expressman. McLean and Mulhay have
since both died. Tho expressman is not dan
gerously wounded. Dorer is now in jail
New Yoke, June 27.—The number of trage
dies are reported as usual, as having occurred
in the city and suburbs yesterday. The most ex
traordinary was the fatal stabbing of a young
Frenchwoman named Jaiseau, by a jealous hus
band, at Seventy-one \yest Ninth street. The
murderer, Edmund Jauve, had suspected hia
wife of infidelity, and at 9 o'clock last evening
meeting his supposed wronger, ho plunged a
knife into fits neck. Mrs. Jauve was taken to
the station bouse with fior husband. She denies
tho allegation against her fame.
Yesterday morning a German named Daniel
Lietohman was stabbed by Thos. Sheridan, a
printer, ia Thirty-seventh street. The assassin
ation was <fouo in the street, and the murdered
man walked some distance, with his hands over
his abdomen to keep his intestines back. He
was carried in a dying condition to the hospital
by tho police. Sheridan was caught and locked
up.
In East Sixteenth street James McNarus quar
reled with his wife, chased her down stairs, nnd
during her flight fired four shots at her. One
of the bullets entered an opposite dwelling and
took effect in the back of Mrs. Fitz Gibbons as
she was lying in bed. The wound was severe.
The free shooter was marched off to prison in
Brooklyn.
_ Thoma3 McKnighlin was shot in the right
side in a house on Hudson avenue. Thomas
Kerrigan and two others were arrested for com
mitting the deed.
Pbobable Fatal Duel.—A duel was fought
on the Arkansas shore of the Mississippi river,
four miles below Memphis, on Tuesday after
noon, between George R. Phelan and James
Brizzolara, two young lawyers of Memphis,
with Colt’s navy repeaters, at fifteen yards, re
sulting in Brizzolara’a being shot in the left
breast and arm, perhaps fatally, on the second
round. The difficulty grew, out of strictures of
Phelan on the Democratic Executive Committe,
of which Brizzolara was a member.
1 —■—
St. Louis has a sensation. An ambitions
mulatto woman, of some wealth, conceiving the
purpose of marrying her daughters to white
men, when aha found that one of them had se
cretly married a mulatto, pursued the luckless
pair in wrath and stabbed the bridegroom to the
heart, killing him instantly. The victim is said
to be a very worthy poung man. The name of
the murderess is Holla mi, and (he ia under sr-
The Southebn Cultivatob for July was re
ceived yesterday, and includes in He maple
pegea some seventy articles upon every variety
of agricultural topic. Wat, * W. lx loam,
Athena, Ga.
End or the Income
There ia a choru3 of appro* J
country at the recent action «‘
regard to the Income Tax* * Ajpf
fused, by an overwhelming
pose any tax upon incomes; » ^
ing tax expires this year 1 jteaj
the authorizing act, it folio*
try is hereatter to be freed nop.
impost. Nor is this all the i®.
pie have a right to expect
the current revenues, exceea^e ^i
estimates, indicates that we -^l
dispense with folly $3oiO(W' t ,
from customs; and it this be ^
country will very justly.
pea! of the Income Tax 18
fy public exasperation at gd
crimination in favor of c^l
Let Congress give the counts' ^1
$100,000,000 of taxation.^. 1
Telegraphic dispetoh* rij*
country report very warm
At Albany the thermometer
shade. At Lewiston, Me., •*’
up to 166. ,
On Saturday afternoon^
of the VUh
most entirety ctoctsoyau •
ing house* a* wwH **,
burned to the g*® 0 *®- J
be owt $74,600. The s*
cM-foorih ei thek» " (
1 i iliiii! lnHirn illMMi