About Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880 | View Entire Issue (March 7, 1871)
i fBXWgH MpMpgKintifeMI Tlie Greorgia W eekly Telegraph and Journal &£ JVTessengei*. Telegraph and Messenger. MACON, MARCH T, 1871. Foster Blodgett. Upon the matter of the installation of this worthy as Senator from Georgia, the Washing ton dispatches in Monday's Herald have the following to say: On the 4th of March the term of Mr. Miller, one of the Georgia Senators reoently admitted, expiree. Foster Blodgett, who was elected by the Legislators jWeceding that chosen last De- oember rl» ; ™ a the seat as Senator Miller a sue- oeasor. ’ Blodgett holds the certificate of Gov ernor Bullock showing that he was elected a Senator of the United States in a due form for six years from the 4th of Maroh next The legal point is raised against his admission that the Gonstitntion of the State of Georgia pro vides that United States Senators shall be chosen by the Legislature elected preceding the expiration of the term of their predecessors. On this ground it is held that the successor of Miller should be chosen by the 'Legislature elected last December. The previous^ Legisla ture, it appears, passed a law providing that the one just elected should not meet until No vember, 1871. Of course it could not elect the Senator who is to take his seat on the 4th of March. Blodgett being already elected,-it is held by some of the best lawyers in the Senate that he is the Senator and entitled to the seat. There may be a contest over it, some Demo crats bolding that the Senator shonld be chosen by the new Legislature, which is Democratic. It will be seen among the morning telegrams that Mr. Hill yesterday morning presented a remonstrance from members of the last Legisla ture and the Legislature elect against the seat ing of Blodgett; bat as the practical alternative would be the seating of a Democratic Senator,. the remonstrance is not likely to produce any result. Doubtless, even the Badical Senators would be glad to get rid of Blodgett, if they could do it at a smaller price. He is not a de sirable colleague—he is there by a snap judg ment upon the people—by legislative intrigue in defiance of the Gonstitntion and of justice. The Senate knows enough of Blodgett to desire no farther acquaintance, and there is a strong indisposition to increase the amount of scum already in that body as the product of civil commotion and effervescence. Bnt we will risk nothing, as matters stand, on their ejecting Blodgett. Let ns rather say this for Blodgett: he is as fair a representative of the party which sent him there, as coold be named. He lacks no moral or intellectual dis qualifications for the position; and as a hun dred of his constituents were to the Legislature of Georgia, so is Blodgett to the Senate of the United States. Characteristic. A Badical sheet pnblished in this city, prints a list of members elected, to the next Legisla- ‘ tore, and opposite the name of Abram Tomer, a negro, said to have been chosen from Pntnam county to the House of Representatives, adds these words: Killed by Democrats. This is false. Tomer was shot in a personal quarrel, and only one man was implicated in the shoot ing. Politics had nothing whatever to do with the affair. It was the result of a fend of loHg Standing, growing out of differences entirely foreign to politics. We make tins statement in justice, not only to the party charged with the killing, bnt the Democrats of Pntnam county who are thus wickedly 8landered>by the Badical sheet in question. And we may add that it Is made upon the authority of a citizen of Put nam county cognizant of all the facts, and who is a straight Bepnblican in politics. If any of the vermin who are swarming at Washington before that congenial tribunal, the “Outrage' Committe, have the hardihood to repeat this falsehood, let some Democrat present make it his business to nail it, then and there. San Domingo Annexation. A Washington dispatch says that leading Be pnblican Senators give out the Domingo Com mission will return by the 1st of April, and Congress will remain in session long enough to act on their report. This is the President’s de- sire. MoMiohael, a bearer of special dispatches from the Commission, arrived in Washington last week, bringing a preliminary report of what the Commission has done so far. The details of these dispatches cannot be obtained for publication, bnt it is learned that the com missioners substantially confirm the hint thrown out by the correspondents, that the greatest obstacle to the annexation of San Domingo is the threatening attitude of Hayti. That repub lic is giving its moral, if not its physical sup port to the revolutionary leader, Cabral, in his incursions along the Dominican border. Hayti seems to think that if San Domingo is annexed, the United States will attempt to secure the rest of the island, and thus swallow up that little re public. It is intimated that she will fight first, and thus compel the United 8tates to make an armed occupation of San Domingo from the ontstart. Otherwise the prospoot is favorable to annexation, and the commissioners will prob ably report in favor of it. - “Filth.”—The Savannah News does not con sider its insinuation that the Teixgbafh is influ enced in its coarse upon men and measures by such paltry advertising as is sent to it from the Atlanta Executive Department, as a filthy in sinuation l We, on the other hand, think it a very dirty missile, indeed, to throw at gentle men and a reputable preas—more discreditable to himself than it can possibly be to ns. When hesooopsnp snch filthy conceptions from the cess pools to throw at ns, we hope he keeps abundance of soap and water to oleanse himself withaL And in the same spirit he seis np the failure to reprint a piece of anonymous malediction of Bullock, as the test of our fidelity to principle! His plan of assault is worthy of bis weapons. If the Democratic press and party cannot at tack Bollock with something more potent and effective than the spewings of a more malig nant temper and a fool stomach, they will win nothing in the fight bnt the disapprobation of all men of sense. It will be the policy of the Democrats, as we trust, to investigate with rigid scrutiny and im partial justice the whole pnblio course of Gov. Bullock, and to base their conclusions upon a calm and righteous judgment of facts, and not mere inane vituperation. In a word, we hope Democrats will take oonnsel of reason, justice and equity, and not of personal hatred, animos ity and contempt; and we hold that the feeling against Bullock is already sufficiently bitter and inexorable to insure the public against the smallest danger from a too lenient opinion. Scmnzb, it seems, is not half so dead of an gina pectoris as reported. He is preparing at leisure a terrible broadside to be poured into the President and San Domingo annexation.- His radioal friends beg and remonstrate in vain. Nothing less than a yard arm fight will content him; and he even threatens to move for the impeachment of Grant. Meanwhile, the har monious are preparing to eject him from the Chairmanship of the Committee on Foreign Eo lations—a proceeding which will not mitigate his hostility to the administration. Sumner, it 1b said, would deliver his speech some time tills week. New Novel nx Mabt Faith Floyd.—By an advertisement in our paper t.M« morning it will be seen that our enterprising friends, J. W. Burke A Co., have secured the copyright of a new novel, “The Nereid,” by Mary Faith Floyd, a Georgia lady already known to fame as an author of remarkable ability, whichwill be pub. lished serially in the Southern Farm and Home, oommencing with the May number. “The Ne- reid’’ is arid to be a story of miipassliifl merit. A Ghastly Triumph. That was a ghastly, triumphal entry of the Germans into Paris last Wednesday. The streets of the quarter assigned them were deserted, and nobody was. to be seen save now and then a veiled woman, in mourning, hurrying to mass, while the statues and public buildings were draped in the sable habiliments of woe. Through such a scene, the triumphal army moved with measured tramp to the simple mark step of the drum and the occasional bugle call among the cavalry. History records far different scenes attending the triumphal entry of the French into Berlin, and it might be a subject of interesting specula tion and inquiry upon what differences in nation al character, or in the condition and situation, this contrast canbe accounted for. The Berlinese turned out almost en masse to see the great con queror and his invincible battalions, bnt the Parisians closed doors and shutters and solaced their wounded national pride by self-conceal ment and darkness. Let ns suppose that the mortification was less in degree. The Berlinese had not tumbled from such a lofty height of self-exaltation. They had not been accustomed for seventy years to consider themselves inap proachable in arts and arms. Be this as it may, it was a doll triumph, and we doubt if the Germans took any solid satis faction in it. True, it was revenge, and re venge is said to be sweet But, after all, it-is a very ignoble soul that can take satisfaction in the actual realization of vengeance. Sometimes, under the irritation of wrong and injustice, wo promise ourselves great pleasure in paying off the score; hot when the time comes, and the victim is before ns, and the infliction begins, the promised joy becomes like the apples of Sodom. We find no satisfaction in inflicting suffering, although it may be deserved. -* { “Few, fortunately, are cursed with those dead ly and implacable resentments which find pleas ure in the actual infliction of retributive injury, oran witnessing the sufferings or viewing the corpse. To most persons vengeance is disarmed by submission, and this fact is recognized in the universal assent to the meanness of “strik ing a man after he is down!” The blood, all on fire with the physical and mental fury of the struggle, cools in a second when the adversary succnmbsto defeat. In the same idea, history is fond of making all its heroes exceedingly placable and gener ous to the conquered, and seeks to adorn them with illustrations of a magnanimous self-repres sion, and a romantic and chivalrous forbear ance to the vanquished. Nothing, in fact, seems so unwelcome to the human mind, or to evince so thorough a mental littleness, as a boastful, triumphant,overhearing and insulting demeanor towards the defeated. We will not pretend to say in what considera tions of State craft, on the part of King Wil liam or Bismarck, the triumphant march into Paris may have been founded. It seems to us to have been quite needless and worthless, bnt we presume they know how the ease may be much better than we do. At all events, we do not believe there was a single gallantfellow in the triumphal column who took satisfaction in wit nessing the humiliation of .the conquered Pari sians. The account of the triumphal entries being now squared between the Germans and French, we hope it is closed np forever, and will never be reopened. There is no more degrad ing and contemptible business on earth than that of mutual devastation, injury .and insult. THE GEORGIA PRESS. Fannin vs. DnBose. We find in the Augusta papers of Wednesday, a long proclamation from Isham Fannin, de feated Badical candidate for Congress in that district, addressed to General D. AT. DoBose, the successful Democratic candidate, giving no tice that he (F.) intends to oontest his (DuB.’s) right to the seat, and showing.very plainly that he, the aforesaid Fannin, expects to succeed too, though he don’t say so in that many words. Fannin makes out just about snch a case as Beard, the mulatto, did against Captain Corker, which is now before the present Congress, and we believe in totidem verbis, but whether Fan nin first set the copy and Beard followed it, or Beard set the copy and Fannin followed it, we don’t know. We suspect, however, that that lovely Skowheganite, Bryant, who is backing Beard and expects to divide the spoil with him got it np, as it is so very fat in lies, and as he probably understands, better th&n either Fan nin or Beard, what sort of food will be most grateful to the Badioal stomach at Washington. Fannin says there was intimidation and vio lence on the part of the Democrats in all the counties in his distriot except two—Greene and Morgan—wMch two the Radi calsjearried!—that the trooly loil were bullied, and beat, and shot, and jailed, and otherwise maltreated to snch an extent they were either “afeerd” to vote “ de pnblikin ticket,” or were forced to vote the Democratic ticket—that as the Badicals carried the district in 1868 by seven ox eight thousand majority, and the Democrats swept it in 1870 by five or six thousand, of course there was fraud, and DuBosa ought to have the Con gressional door dint in Ins face! This is a fair sample of Fannin’s argument and evidence, and will serve to give a general idea of what he rests his hopes upon. We suppose it is about as strong as he oonld make it, in the absence of the faintest shadow of truth to give it respecta bility, and that it will be abundantly sufficient for the trooly liAi -n-ho will decide upon it. We suppose Gen. DnBose mil get in and stay in awhile, and then the Election. Committee will report against him, and he will have to va cate in favor of Fannin. This has been the cus tom heretofore in similar cases, and we see no reason to hope it will be departed from in this case. We advise Fannin to “make his lack” this time, for in 1872 he, or any other Badical, will be bnried oat of sight. The Democrats of the 5th district hold it in a grip that all the swindling, and cheating, and tyranny Badicalism can devise will fail to break. They’can and will repeat their performances of last December at any time, and go two or three thousand better. Fannin’s only hope of serving more than oneierm in Congress is in getting his fellow conspirators to pass a bill disfranchising the white voters of the dis trict and sending down an army strong enough to enforce it. If he is ambitions of Congres sional honors, he had be tier set about some such scheme just so soon as he is thrust into his seat The Southern Beooider, of Tuesday, says: A Nabbow EsoAPe.—Last week Mr. George Harris, of this place, was out hnnting, and while walking around a tree looking for a squirrel, he stepped into a deep ravine; his gun was dis- chasged in close proximity to bis head, the pow der burning his face and hair, and the load tear ing the brim of his hat to fragments. The Appeal says it is rumored that “i member of Congress will shortly lead to the altar one of Madison’s fairest daughters.” Name, name. Mrs. Georgia Mann, a well known and most estimable lady of Madison, died Monday. Mr. Willis Allen, an old and highly esteemed citizen of Wilkinson oounty, died last week. The Chronicle and Sentinel, of Wednesday, says: A Lively Time at the Plantxbs’.—On last night a good deal of excitement was occasioned in the upper portion of the city by a difficulty which took plaoe at the Planters’ Hotel between a young gentleman of this city and a German Count from New York, and the ex-Colonel of a Virginia regiment—the two latter parties having arrived in the city yesterday morning. The gentleman above mentioned having beard that his wife had been insulted by the Count and the Colonel, repaired to the hotel last night after supper and belabored them both with a walking cane. The' Count sustained no serious injuries, but his companion was not so fortunate, ant l was so badly bruised that medical assistance had to be summoned. The Count says that no one had any idea of affronting the lady and that it was all a mistake. The Constitutionalist, of Wednesday, has the following particulars of a bold robbery in that city, Tuesday afternoon: Bold Kobbeey.—Yesterday afternoon, about 2:80 o’clock, a white man entered the store of Messrs. George T. Jackson & Co., 47 Jackson .street, and professed to desire to purchase some .flour. The difforent grades were shown him by Mr. John T. Miller, who at the time was the only employee in the store. Tho stranger de clined to purchase, and walked out. He was soon, folio wed by a second stranger, who pro- leased to desire to purchase some oats. Mr. Miller walked to the extreme back part of the store to. show his customer the oats. While de tained there, unobserved to him, a third party entered the front door and gained access to the counting room, where he entered the money drawer, in which the key had been left, and made a clean sweep of the contents, getting $103 70, with which he escaped from the store without the observation of Mr. Miller. The oat purchaser made no trade, and left the store, when Air. Miller came to the front, without knowledge of the sharp game which had been practiced upon. him. The suspicious beha vior of the trio outside, previous to entering the store, had, however, attracted the notice of Air. Wm. McLaughlin, doing business on the opposite side of the street, who had also ob served one of them in the counting-room of Messrs. Jaekaon & Co. Mr. McLaughlin making his suspicions known to Air. Aliiler, an examina tion was made, and the discovery of the robbery made before two of the parties were out of sight of the store. 'Pursuit was cautiously made by several gentlemen, and the fact com municated to the police office. One of the three, identified by Mr. McLaughlin as one of the sharpers, was arrested on Jackson, between Greene and Telfair streets, and sent to the guardhouse. Lieut. Purcell, of the police force, succeeded in overhauling a second one, after a short chase and considerable dodging, in an out-house near the reservoir, in the act of emptying his pockets of the stolen money. One of the thieves gave the name of J. H. Murphy, and the other that of Lee Whitehouse.^ The latter had a lot of skeleton keys and other burglar’s tools in his possession. After the ar rest of these men an attempt was made to ar rest two others, evidently connected with them, which resulted in policeman Lyons being shot in the right cheek. The Augusta folks are finding eels and snakes in their water pipes, and are withdrawing from the temperance sooiety. The Sandersville Georgian says the only men in that oounty who have surplus cash in their pockets, are “the big crib and smoke house fel lows.” Mr. Joseph Downer, a native of Elbert county, but for many years a well known planter of Muscogee county, died Tuesday morning, aged 76 years. Ex-Mayor "Willis Hols tea d, of Columbus, died Tuesday. Mr. H. moved to Columbus from Virginia in 1833, and was Mayor of the city in 1850, 1851, and 18G0. Two hundred and twenty-four dozen eggs were sold in Columbus Monday, at 15 cents a dozen. "We clip the following from the Sun of Tues day: Libel Suit.—We understand authoritatively that yesterday Messrs. Park A Iverson com menced a libel suit against the Piedmont and Arlington Life Insurance Company, of Virginia, for which they were lately agents, claiming $20,000 damages. The suit arises in conse quence of the late newspaper publications. The Savannah and Memphis Raileoad.—We* understand this road has passed into the hands of the capitalists who have been advancing money for its construction, and they intend to push it forward as rapidly as possible. The monied men who have it now in charge are Lan caster, Brown A Co., of Baltimore, andFarmer, Walker & McAnemey, of Bichmond and New York. All the assets of the company have been turned over to them. Among them is the often mooted subscription of $64,000 from Columbus. We are informed it has been placed in the hands of Major Moses, who will institute suit if neces sary to get the city bonds. We do not know whether the old officers will be retained on the road. Its completion is now said to be certain. Twenty miles baving been finished, the road is now entitled to $16,000 per mile of State aid, and the same amount whenever each additional distance of five miles is completed. This alone will push forward its construction rapidly. BY The Next Hoote of Representatives Will meet and fully organize, most probably, to-morrow—the 4th—at 12 m. On this point, the Washington correspondence of the Tribune, of Febraary 26th says: It is probable that the next House will be fully organized within a few days afterits meet ing; though there is a desire in some quarters to postpone the appointment of committees un til next December. This was done four years ago, when only a few committees were an nounced, and those on a vote of the House di recting their appointment. It is understood that if one such motion prevails during the first session of the Forty-second Congress, the Speak er will oonsider that as an indication of the de sire of the House to have the organization com plete, and will announoe the whole. The Com mittee on Elections will be appointed on the first Monday of the session. Two hundred and twenty-nine members of tho new House are already elected, of whom one hundred and thir ty-one are Republicans, and ninety-eight are Democrats. Fourteen districts have not yet chosen their Representatives, and of these seven will probably bo of each party, making the House stand one hundred and thirty-eight to one hundred and five. From Echols County, Statestilux, Echols County, Ga.,1 February 27, 1871. j Editor4 Telegraph and Messenger : The cele brated and world-renowned pedestrian, CoL M. L. De Malher, of Virginia, passed through our village to-day on his way around the world. He appears to be enjoying fine health and looks re markably well. The history of his extraordina ry travels on foot is already known to the read ing public. He informed us that he started in November, 1865, and that he had walked nearly 21,000 miles since. Such traveling on foot ap pears to be without a parallel in the. history of the past. , He stated that he had visited tins section at the request of an agricultural society for the purpose of ascertaining whether the pear and other kindred fruits could be successfully grown in this climate. He farther said, that after a fair experiment, it had been ascertained that the pear could be raised and matured in the Southern part of Alabama in the lowlands that had heretofore been regarded as worthless for the production of fruit of that character, and the society being informed of that fact, and having learned that this region of country is be ing well supplied with railroads, contemplates introducing that fruit for the purpose of culti vating it extensively. He exhibited a specimen of peat that had been taken from the lower part of the Okefen- okee Swamp, which he said was superior for the manufacture of gas to any that he had seen in Europe, or in any other portion of the Uni ted States, and gave it as his opinion, that there was an inexhaustible supply in that swamp, that would be worth millions to any enterprising company that would gather and prepare it for market. * The subject of constructing the St. Mary’s and Western Railroad is now being considered by the citizens of Echols. That road will pass through the lower portion of the swamp, run ning west to Statenville, and from there it will connect with the Golf Road at or near Valdosta, which will afford any oompany an opportunity of testing the merits of Urn case. Besides, it will develops a heretofore undeveloped Beotian of Georgia. The lands lying along the lower portion of the swamp, on the Suwanee and its tributaries, are known to be the best in the State for the production of long cotton and su gar cane. Upon the whole we found the Colonel to be an agreeable, interesting man, and certainly the greatest walker of the age. B. W. P. The weather oontinues clear, balmy and pleas ant and Is just the thing for prepairing the ground for the next crops. The Entry Into Paris. State Depabtment, Pahis, noon, Maroh 2. To Secretary Fish, Washington ; The German entry into Paris was peaceful and quiet. All calm in the city. (Signed) "’—J~ ■ Washbubn. Bordeaux, March 2.—The Assembly voted for the ratification of the preliminary treaty by ■HifUtt — -“vy . '■*?-,- Pabzs, Maroh 1.—At ten o clock 30,000 Ger mans entered the city with 96 pieoesof artillery and the usual proportion of cavalry. The zone surrendered to the Prussians is nearly clear of French people. It commences at,the extreme southwest corner of the Enciente, which forms a point and rnns in the shape of an irregular triangle, of which the Seine forms the east side; the Enciente, from Font da Jour to the Porte Dee Tonnes the west side, and the Faubourg Honore, the Avenue des Formes from the Bue Boyds to the Enciente, the north ride or base. The only points within these limits retained by the French are the bakery establishment of the army of Paris, the Quai de Belly and the Pont de Jena. Few people on the streets—most of the women out were in mourning going to mass. The Germans used no music, except drum and trumpet tor signals. The Germans were aston ished at the mournful aspect of the city and the desertion of the streets. The statues in the Plaoe de la Conoord were covered with crape. Versailles, March 2.—The Emperor has re turned from Long Champs, where he reviewed the army entering Paris. London, Maroh 2.—The barricades in the northern and eastern Faubourgs of Paris are only precautionary, and will be used if the Germans should overstep their assigned limits. New Yobk, March 2.—Arrived, the Russia. Washington, March 2.—In the House the re peal of the income tax was defeated by a decis ive vote. The Georgia contested election cases will not be decided this session. In the Senate the House bill for collecting debts due the Gov ernment from the Sonthem railroads, passed. Air. Hill presented a communication from mem bers of the present and former Georgia Legisla ture remonstrating against the seating of Foster Blodgett. A conference on the Southern Pa cific* Railroad will vote in an hoar. Nothing definite has transpired, bnt it Be6ms to be con ceded that New Orleans will have her branch. The Senate confirmed Osgood as postmaster at Savannah, Ga. ' Washington, -March 2.—The last acoonnts from the coal regions represent the laborers, operators and parrying companies as equally stubborn. J. R. Smith was nominated as postmaster at Meridian, Alisa. The President will receive no visitors dnring the balance of the week. The next Congress will have the nomination of forty cadets. The members of the High Commission have visited the capitoI, which event elioited.several stomp speeches. Senate.—The bill which passed the Senate and goes to the President regarding railroads is as follows: Whereas, certain suits are pend ing in the United States Courts within the State of Tennessee, against certain railroad corpora tions in that State on account of property sold to said corporations by the government, which suits are contested by the defendant corpora tion ; and whereas, it is for the interest of the government to speedily adjust and collect the claims of the United States, while avoiding litigations and loss by the insolvency ot any such railroad; therefore, be it onaoted, that the Secretary of.War, be, andis hereby authorized and required, if he shall deem it advisable by and with the advice of the counsel of record in such suits for the United States and Attorney General of the United States, to compromise, adjust and settle the same upon such terms as to the amount, and the time of payment as may be just and equitable and best calculated to protect the interests of the government. The Cincinnati and Southern Railroad bill comes np for the third reading to-morrow. The appropriations were resumed at the night session. House—A bill passed providing for three Com missioners to examine the claims of the loyal citizens of the Southern States for army stores furnished during the rebellion, including the use and loss of vessels employed by the Gov ernment The Commissioners, not to be resi dents of the Southern States, Shall hold a ses sion at Washington, and then adjourn to such places in the Southern States as they may select and report the proceeding at each session to Congress. A bill passed restoring James Bel- ger to his rank as Alajor and Quartermaster, and goes to the President A bill removing the po litical disabilities of 71 KentnokianB, which passed the Senate in July, passed and goes to the President Adjourned. The Conference Committee on the Texas Pa cific Railroad have agreed upon a report; and favor a branch from New Orleans to Marshall, Texas, via Baton Rouge and Alexandria, and a trunk from Marshall to San Diego, and a branch from Colored river,near the thirty-second parallel. Parliamentary courtesy requires that the House must act first on the report. The House adjourned and the Senate will take no action to-night R. Clark was confirmed Assess or for the First Georgia Distriot Washington, Alarch 2.— The Democratic caucus to-night nominated Gen. Morgan, of Ohio, for Speaker of the House of Representa tives. Result of the Republican caucus: Blaine, McPherson and Burton, were nominated by ac clamation. Ordway 76; Herron 22; Stokes 20; King, postmaster, re-nominated. Synopsis of Weather Statement. Was Dep’t, Office Chief Signal Offices, > Washington, Maroh 3,1871. ) The pressure has been diminishing gradually sinoe yesterday evening. On the Golf and South Atlantic coasts it has been variable. On the East Atlantio it has diminished rapidly. On the lakes foul weather has prevailed. On the South Atlantio threatening weather, with light rains. On the gulf and lower lakes rains have fallen generally. On Lake Miohigan and the country south and west of Ohio, fresh south westerly winds are reported. From the Gulf to Lake Ontario there are froth and brisk north erly winds—on Lake Miohigan and in the ex treme northwest. Probabilities: It is probable that the rains weBt of the AlleghanieB will, on Friday, extend generally along the Atlantio coast, with fresh and brisk winds, and that fresh winds and cloudy woather will prevail on the upper lakes. Montgomxby, March 2.—The Legislature was to adjourn to-day, but holds over a few days. There is much interest taken in a suit on trial to-day wherein the extraordinary spectacle is presented for the locality,—United States Judge being the defendant. The suit grows out of an order of United States Jndge Busteed, rendered lari June, imprisoning the Auditor of the State for alleged oontempt in not conveying the order of Court restraining the collection of tax from the Express oompany. The auditor sues Judge Busteed for libel, and lays damages at $250,000. Both parties are leading members of the Republican party. Charleston, March 2.—Arrived, baric Colum bia, Savannah. Sailed, steamer South Carolina, New York. Savannah, March 2.—Arrived, steamship Vicksburg, Boston; Bhip Chance, Liverpool. Cleared steamships Gen. Barnes, New York; Saragossa, Baltimore; schooner 0. S. Graves, Charleston. Sailed, steamship Alhambrio, Bos ton; bark Irene,'Cameroon. London, March 2.—Paris dispatches state that several battalions of Germans entered the city at 7 o’clock yesterday morning, to prepare quarters. At half past eight the Palais D’Indos- trio was occupied. Some battalions soon after wards paraded in the Plaoe de La Concorde. Bata small number of inhabitants were present, and no demonstrations were made. There was soon a line of German troops along the Seine from Pont da Joar to Palais Bonbons, while on the right bank the French National Guards stopped the passage of all persons in uniform: Horse patrols circulated and occupied their quarters. No acta of depredations were oommitted. The main body formed at Long Champs and in the Bois de Boulogne where a review was held, and entered Paris at noon. The Emperor’s staff are quartered at Palace of the Clize. Gen. Kamacke oomtnands the army of occupation. The Pros- sian military commission, established to receive complaints of inhabitants who deserted, occu pied quarters in public buildings. Those who deserted and closed their houses, the Emperor declares shall not enter the city. The Crown Irinee will review the German morning a Spanish offioer came aboard to ar rest Casanora. The Captain resisted. Subse quently a small Spanish boat with Caaanora’a daughter appeared to bid her father good-bye. Casanora without suspicion stepped aboard, when orders were given to shove off; Casanora leaped back upon tho Colombia. Daring these events Casanora was robbed of a thousand dol lars. Casanora's friends represented these- things to the American Consul, who replied : “My time is wholly engrossed with argent bus iness, but I have detriledon assistant-to dis patch with all speed your protest, and hope to transmit it to the Department of State at Wash ington by the outgoing mail ifpossible.” San Francisco, March 2.—The Russian cor vette Bayarin has completed repairs at Store Island Navy Yard, and is ready to sail. There are four ships here under oontraot to load with wheat The receipts for wheat thiss eason is 4,400,000 centals, against 5,542,500 last year. The bull movement in stocks is very strong and many small dealers are badly burnt The steamship Great Republic, for Japan and China, carried only a few Chinese, and eleven cabin passengers. The Japanese crew which was' rescued from tho wreck by the ship Anna Small, were sent back on board the Great Kepnblio. The shipment of treasure by the Great Re public was $320,000. New Yobk, March 2.—A Telegram special from Paris, dated March 2, states that the in habitants maintain the same quiet, sturdy inde pendence they showed on the morning of the entry of the Prussians. There were no demon strations by the people, and the troops prepar ed to bivouac on'Ohamp Elysees and neighbor hood, withont any apparent excitement. The French troops who guarded the barracks and bridges behaved admirably, and, under great provocation, restrain their temper and keep cool. There has been no disposition on the part of the officers and men of the Prussian army to wander beyond the barricade limits. Even with a military uniform, Prussian soldiers, if discovered in some parts of Paris, would be attacked by an angry- mob. 5. Alegacy in a will to legatees capable of | real and personal r»ron«it77'~~^~ taking it at the time the will is made, and also | try; that said will has at the time of the death of the testator, is not ted to record accordingtot? P i r ° TtI > 1 void, because there was a period intermediate 1 try; that the property con between the making of the will, and the death J exeept the specific bequest* r* 1 by *2? of the testator, when the legatees were incapable tioned, consists of lands «,!■? ^P»&> of taking such legacy, and the same was illegal l located in the State of (W- - J and void. - of the casein the court beW 8 ^ °»tk 6. Parol evidence is inadmissible to show of I the jury, “that if they balm ’ j itself the revokation of a will; such evidence mony in the case, the testatri • fro ® i? can only be introduced to explain and show the I made said paper writing ans - m ^ th intention of equivocal acts, by the testator, or to the same, that then by his direction, destroying or arbitrating his 1 *■ ' will. Judgment affirmed. i w«ou uie propounder of , 7 n Peabody A Brannon, H. L. Benning, Jas. M. Hdd, That a nuncupative tCe N Russell, for plaintiff in error. the law, is one which derwvlc M Ingram A Crawford, Williams A Thornton, evidence, being declared^ Ramsey A Ramsey, M. Blanford, for defendant. I tremis, before at tht* tes ^'4. -— , nesses, and afterwards rednSS John Pate vs. 0. : A. Lochrane, trustee for thirty days, under the croviB' W Mrs. L. M. Lamar. Action at law to make after the speaking of thn cl!i SI0D I H 5 -no same: ! Decisions of the Supreme Court of (Georgia. . D ELITES ED AT ATLANTA, TUESDAY, FEB. 28, 1871. From the Atlanta Constitution.] Jas. B. Huff, et al., caveators, vs. Warren Huff, propounder. Caveat from Muscogee. Lochrane, G. J.—Where the testator signed his will below the attestation clause, and the court charged the jury that if it appeared that the will was signed by testator below said clause and if the jury believed from the evidence that it was so signed by testator, with the intention to sign it as his will, then in law it was a good signature of the will: . Held, That such charge was correct under section 2379 of the Code of this State. When the testator went to the warehouse of certain parties for the purpose of executing his will, and two of the witnesses were present, and one absent, and after waitingsome time, one of the parties remarked to the testator, as A came in, that he would answer as well, and testator was introduced to A by B, and B remarked at the time that testator wanted him to witness his will, and they all went to a desk and execu ted the paper; and under these faols the court charged the jury, if they believed from the evi dence that one of the witnesses was suggested to testator, and testator assented to snoh sug gestion, such assent was in law a request, or equivalent to a request: Held, That such charge by the court was not error; that the law provides no special formal ities about the witnesses to a will; it is suffi cient if they attest and subscribe the will in the presence of testator, the law implies the request in the consummation of the act, and no speoial request by the testator is necessary. Where a witness to a will was not acquainted with testator before the execution of the will, and the court was requested to charge the jury, that if the' witness knew nothing of the testable capaeity of the testator, he was not in law an attesting, thongh a subscribing witness, and the will in that case was void, the Judge reply ing that is the law gents; but also added, I charge you, that if he was introduced to him and looked at him, the law implies he knew whether or not he had testable capacity. Held, That the word attest in the Code does not imply relation to the capacity of the testa tor. Attesting means witnessing, and sub scribing, that such witness shall sign. The faotum of the execution being the objeot of such attestation and subscription, the inability of suoh witness to testify to the mental capaeity of the testator, did not render the will void, but only went to the credibility of such witness, in case he was called on to testify about the sanity or mental capacity of the testator, and the court ought to have refused suoh charge as it is not the law. Held again, TThat the addition of the Judge to such charge under the facts of this case was not material to the issue involved in the trial, and only expressed what is a plain prinoiple of law, that all men are presumed to be sane, and being introduced, and seeing testator could only strengthen the presumption. Judgment affirmed. Smith A Alexander, Pon A Little, for plain tiffs in error. H. Ii. Benning, Ingram A Crawford, for de fendant. . > ‘r . . | army. New Yobk, March 2. - Inoeenoio Casanora, a wealthy American citizen, formerly a native of Cuba, where he owned three million dollars, arrived in the Columbia from Havana, whither he went to look after his property and visit his family. Bearing a passport from the United States Government, upon arrival Casanora re ceived an official permitfto disembark, bnt was arrested npon landing and replaced npon the steamer which brought him, and was abont to sail for Vera Cruz. Casanora escaped in a small boat to the Columbia during the night In Glenn. Dufield & Co. vs. Samuel O. Salter. Complaint, from Houston. Loohbans, C. J.—Where tho court below granted a new trial npon the ground that the vWrdiet was contrary to the evidence, and it appears from the record that there was conflict ing evidence in the case, and sufficient testi mony to have sustained tho finding of the jnry: Held, That while this court will reluotantly interfere with the province of the court below in granting new trials, yet that it is important to the fair admit Jfl'ration of justice that in all cases where the verdict of the jnry is not strongly and decidedly against the weight of evidenoe, new trials on this ground ought not to he granted. Where daring the trial of a cause in Coort, two jurors go into a grocery to take a drink with a third party, and meet one of the parties, plaintiff, in the grooery, and the other party is called in, and takes a drink, and, before leaving the party, defendant, thus called in, treats to cigars, and one of. the jurors takes from his roll of money a twenty-five cent piece, and hands it to the bar tender, and the same juryman also takes off the bottle of whisky, all this being known to the plaintiff, and transpiring in his presence: Hdd, That suoh conduct by jurors is repre- sensible, and the exoulpator affidavits filed do not relieve it of all obnoxious appearanoes. Yet, as the plaintiff was cognizant of it, and in formed his counsel, and no motion was made in the premises, bnt the oase went on to verdict without objection, the granting a new trial on this ground was not authorized under the rules of law. When the Jndge charged the jury that whilst it is true, as a general rule, that two or three witnesses are better than one, and will be more readily credited, yet in this oase upon the point of what this contract was, if the jotyr believed that the oontraot was made between one of the plaintiffs, Mr. Wright, alone, and the defend ant, it is witness against witness, and the plain tiffs cannot sustain their version of the contract withont additional proof: Held, That snch charge was error, that the witnesses being both of them parties, the ease ought to have been submitted to the jury to de termine the credibility nnderall the facts and evidenoe of the case, and that the court onght to have granted a new trial on this ground. Judgment affirmed. S. D. Killen, Hall & Brown, Nesbits & Jack- son for plaintiff in error. S. Hunter, Lanier A Anderson for defendant. Sophia W. Hargrove, et al., vs. James K. Redd. Caveat from .Musoogee. McOay, J.—-X. The Circuit Courts of the Uni ted States have no jurisdiction over the Probate of wills; and a proceeding before the Ordinary of this State propounding a will, cannot be re moved to the Circuit Court by one of tho cave ators, who is a resident and oitizen of another State. 2. An admission in writing of oertain mate rial facta, for the purpose of being used in the trial of a cause cannot be^recalled after the trial has commenced. 3. Where a testator, by his will made in 1852 directed certain of hia slaves to be sent,'after his death to a free State and there to be eman cipated, and bequeathed to them, when free, a large portion of hia estate, and before the death of the testator the slaves were by law made free in this State, and the testator died, leaving his will nnrevoked, this is not snoh a change of the relation between the testator and legatees as makes the will inoperative. 4. A will doly executed, and making disposi tions according to law at the time it was made, is a good will, notwithstanding, after it is nude, a law is enacted making such dispositions illegal, if, before the death of the testator, said law is repealed or becomes obsolete, and the testator have done no act expressly, or by implication, revoking or recalling his wilL a woman ana ner oauuren, huu uy mo, wins oi i witnesses, would have been . w the trust the husband was entitled to the annual under the law of this income for the support of himself and family, I was attested and subscribed b , ^ .— —— —-—j> Buu suoscribed b- withont account, and an action was brought at | nessesses, does not make it ; n £ 0£u J l H law to make the trust estate liable for necessa-1 law; a nuncupative will altbnn2* ries furnished the benefioiaries and the trust es- the last sickness of the test,?- 1 * i tate, and it appeared that the husband, owning a before her death ; the more ' “'j plantation side by side with the other, worked not appear from the eviden-V 7 *'- them together as one place, and dnring the year that at the time the paper writ- m supplies were furnished him, and goods sold to by the testatrix, she was in q the hands on orders from him, as an advance on legal execution of the written 1 their part of the crop, and the share of the vented by any Budden surnri« ap4tT “' hands was at the end of the year, to the extent cause. If, after the will had of these advances, retained and sold with the dictated bv the testatrix, and 2? ^ general crop, and the jnry found for the plain- name, and' before the requisite r S** tiff the full amount claimed : I nesses could hare subscribed tb« i * ,| < in granting i jury found C Judgment affirmed. (Lochrane, C. J., did not preside in this case.) j Lanier A Anderson, for plaintiff in error. A. O. Bacon for defendant. would have Seen But, inasmuch as the facts stated b, a 016 facts stated and admitted to be true, (and twin conflicting evidence,) do not, in manf olionr 4l>#>A iL A a * < • ' “ a ment^show that the testatrix at uA* William Perry et aL vs. Robert M. Gunby. New trial, from Muscogee. I of the law, in extremis, so'^tTn^ " Wabneb, J.—A case was brought np to the mme to be established as her n 7, r . ^ Supreme ConrFby writof error, alleging oertain nn der the law applicable to that specified grounds of error to the ruling, and i am of the opinion that tb n ;r/^ : '' charge of the court below, and refusal of the court below ahonld be affirm^ nfel" 1 court to charge as requested, and the writ of the court oharged the jury that if error was dismissed^in this Court, on the ground | in her lifetime made said paper ^ ^ that the original bill of exceptions and the | signed her name to the same^if»««^ not transmitted from the nuncaoative will: the v«rd;’ n i record therein were court below within the time prescribed by the nuncapative will; the verdict is i.i.J ™ ... , , , i .. - the law applicable to the facts staled!-'-, rate of this Court, and the judgment of the cord, that is to say, the statement22 court below was affirmed, as provided by the mitted to be true, (there beincM ^f Constitution of this State. At the term of the evidence,) are not sufficient in lav court at which the remUtUur from this Court the paper writing propounded, toW* was made the judgment of the court below, a\asthe nuncupative willof thatesUlrW? motion was made for a new trial, on several the charge of the court on the poSl grounds, under toe provisions of the 36,0th the will may have been too restrict ? section of the Code, which motion was over- admitted facts would have auttoriwi,' ruled on the ground that the dismissal and af- to have found a different verdict, W W firmance of the judgment of the court below, 0 f the court been otherwise uroa tint,* was_a bar to the granting of a new trial: _ _ _ | the case. ™ Judgment affirmed. Lochrane, O. J., concurred as follow: [The opinion came too late for this is. Held, That the- defendant was not concluded from making a motion for a new trial on any legal or equitable grounds, except those speci fied grounds of error taken in toe bill of excep tions whioh was dismissed; as to each of those I McOay, dissenting.—Where atthart-s grounds he was concluded, by the affirmance of a cit izen and resident of Georgia, a the judgment under the provisions of the con- w h 0 was temporarily in Prussia/a coaa stitution, but not as to other grounds not con- 0 f i te officials was appointed by a ooct-s traband in the bill of exceptions which was dis- 1 missed. Judgment reversed. Chappell A Russell, Moses, for plaintiffs in error. H. L. Benning, for defendant. S. D. Irvin, administrator, vs. creditors of James Bond. Equity from Musoogee. Wabneb, J.—When a bill was filed by an ad ministrator to marshal the assets of an insol- conntry to take the “immediate depodsa as it may be, reception of her last wifi,"® which commission was designated n - Counsellor” or “Judge” of said court, et other as “sworn Recorder of tire mientes.' said commission convened at her lodgira amined her landlord us to her identity tit time of her stay with him, were then tin to her room, where they examined in state of her health, her mental condi!« residence, her condition in life, and tax vent estate, alleging that there were conflicting from her a confirmation of her havingnci* his I their annointmenK and therennon she M rights as to the distribution of the assets in ms | their appointment, and thereupon ate is hands, and that the affairs of the estate were so to them, by word of month, her t&tiraa complicated that he could not safely administer dispositions in detail, one other witaea ti the same without the direction of the court, and present besides said commission, and tie ii upon hearing the bill read, the court, on its own I G f aa ;d proceedings were reduced totii motion, dismissed the same, for want of equity, I headed, “Proceedings Held at the Ii and because the bill was multifarious. Springs Watering Place Hotel, SepUri* the I IkSR. 11 ond tvata Hi cm Art Affiwftllvhv “1 Held, That the allegations contained in toe I jgeg > r and were igned officially by wd“l complainants bill made such a cause as would eorder,” and by said “ Counsellor" or "M authorize a Court of equity to entertain it for 0 f sa id oourt, and also by the testntmi the purpose of marshaling the assets of the es- WM at the time confined to her bediail tate and directing the administration, as to toe condition, and had been informed brbef distribution thereof; that the remedies given I scum that she did not have longtoEm by law for the protection of the administration, I ^tio died within a month of said diiesi wero not as adequate and complete, aocording I said minutes were transmitted to Balltm to top statement of faots set forth u the record, a record thereof of the verbal d'tpoiitUii as in a Court of equity, and that it was error in testatrix. the Court below in dismissing the complainant’s Held, first, That on the trial befonife bill- j an issue formed upon toe propounding Judgment reversed. will, ss a nuncupative will, it wag error i Lyon, DeGraffenreid A Irvin, for plaintiffs in Co^t to charge the jury, that if tie fca er i?, r * _ . . _. . I signed the writing proposed to be atg Fleming A Rutherford, Peeples A Stewart, could not be set up as a nuncupative tu Lamer A Anderson, N. S. Howard, for defend- 2. That whether the said will vis at ant8 ' I the last sickness of the deceased, sad via _ , _ _ ... the other requisites of the statute tepa E.U. Goley ©fc &1 M vs* John. Heury, Executor. J nuncupative wills had been complin* 1 Complaint from Dooly. . _ x _ were questions of fset for the jaiy,^ >\ abneb, J.—A suit was instituted on ft prom* j Court having, by its charge* withdraw: i isory note in favor of H., as the executor^of S. facts from toe jury, a new trial ondti against R. T. Coley and Y. A. Coley and West- granted. brook as security, dated November 1, 18C6, I 6 Ingraham A Crawford, R. Toombs, for? which purported on its face, to be ia renewal of tiff in error of a note given by the Coleys to Westbrook for Smith A Alexander, Blanford &Tho®» a tract of land, and the defendants filed a plea defendants, in which they alleged that the defendant, West- — brook, on the 13th day of December, 1859, pur-1 “Thbow Physio to the Dogs"—aid 1 chased a traot of land of Smith, the plaintiff's absence of such physic ss strychnin# ot«« testator, and executed his note therefore to S. mnnlv of for the sum of $10,000, and afterward, on the we 8 ? gge L t * * . 14th of December, sold toe Bame to the Coleys ejected with sufficient force from «trcsjl for the sum of $12,000, taking their notes for Any device that will suffice to rid thecitj* tho purchase money, that the defendant, W., thousand and one bench-legged floe prior to the 1st of November 186C, had paid of curs with which this community is infest the original consideration for the land toe snm be hailed with delight by every goca <> of $5,000, and that on the day and year last And while upon the snbject we would J aforesaid, the Coleys, with Westbrook as seou- have the pater familias of this rity, renewed said note for the balance due for trict inform us why the canine distuiben* the land, and gave it to the plaintiff,which is the nocturnal slumbers are permitted torow note now sued on. The defendants also plead I free and make night lrideous with loss of property sustained by the war under the earthly howls? Come, gentlemen, en/ow. provisions of toe relief aot of 1868, and offered ordinance and collect your tax on “ to surrender back the land to plaintiff, and to numerous pests or, failing to accomp®? rescind the oontraot upon his accounting for the end, in toe language of the poet ve eItJJ improvements made thereon, and toe purchase | Policeman kill that dog, money already paid therefor. The plaintiff de- Don’t mind abont hi# hair, marred to the defendant’s plea, whioh was sus- Pull outyonr pistol out - “ -- - — - And shoot him anywhere. tained by the court. The defendants also moved the court to suspend the trial of the ease under I Argument of No. 3, Southwestern Railroad Comp# 0 !'7“ I DeBorde—was resumed and oonclaaea. Lyon, de Graffenried A Irwin for p I error. Nisbet A Jackson and I mons for defendant in error. .. ■* Upon motion No. 8, Macon Cue® Mayor and Alderman of Sayann^L* Stephen Collins et al.-was withdrawn!? tne oourt to suspend toe trial ot the oase nnder I “V" the resolution of toe General Assembly in the Supreme Court of Georgta- year 1870, suspending the proceedings of toe I Term, several courts of this State on debts and oon- | Wednesday, tracts, made prior to toe 1st of Jane, 1865, which motion to suspend toe trial th6 court overruled: Held, That the resolution of toe General As sembly was not a law binding on the court, and that there was no error in toe court be low, in overruling toe motion to suspend the trial. Held also, That inasmnoh as the defendant’s plea did not set forth an equitable ground of defense to toe plaintiff’s .action by connecting toe plaintiffs, or Ms testator, in any way, with the loss of their property, the demurrer to the I error by Gapt. £. O. Bacon. g, defendant’s plea was properly sustained by the I Pending argument in No. 4, % oourt below. ' Judgment affirmed. S: Hall, Pate A Ryan for defendants in error. P. Cook, R. F. Lyon for defendant Bel for plaintiff in error. — No. 5, Macon Circuit-John W. ^ [ Charles Strobeig—was argued tor p Pending argument in r«o. v s the Court adjourned till 10 0 c ‘ oc *’ I morrow.—Atlanta Fra, 2 d. Retribution.—The Wheeling j Intelligencer, a Badical paper, grc»ns f* over what toe Democrats are I fn thaf Knofavil ATtrl IIIIOODS^*^" B. O. Ellington vs. James B. Dilliard,. et. al. Devisavit vet non, from Muscogee. Wabneb, J.—A paper writing was propounded in toe oourt below, to be sffinitted to probate ss . anticipate some ngmeua- & a nuncupative will, npon the foUowing agreed enomtities of. tyrainy and statement of facts, to-wit: “That toe tests- whioh have so long been practiced1 BP trix was a native of toe State of Georgia, where Democrats. It is a miracle of geoj * she resided until she was of age, that u the sound practical statesmanship which g year 1866 she went to Berlin, in Germany, for 1 people who have felt the stingol « the purpose of completing her education, with ^ oppression from inflicting it wbe “ the intention of retiming to Georgia when her I t j,e power, education should be oompleted, and remained I s - in Berlin eighteen months, tost being in bad I Facts fob the juadusb.—^ ■ -.. !rtee n health she went to Lipp Springs, in Germany, I er A Wilson Sewing Machine: v VnSSal and on the 8d day of September, 1868, she was constantly in drese-making, < " oa V7not informed by her physioian that she had the I and heavy work. The maohine hes ^ consumption, and oonld not live long, was there one month during the time, anil nev ^ oonfined to her room and bed, ana on the 3d J repairs at all. I would not exebang 9 day of October, 1868, she died, having never machine, and I have examined all. recovered from said sickness 1 that on the Sd I Xenia, Ohio. ‘ Mbs. recovered from said sickness; that on ton 3d day of September, 1868, she invited to her room one Spanken, and one Sauerland and one Ger trude Sohlosser, who was her female attendant and none, and who was present in the same room during the entire transaction, and then and there in toe hearing and presence of the Mbs. j Richmond Chain Gang.—The that the Riohmond chain gang co “®f‘“ st forty-two men. The gang, when V* on toe streets and cleaning the s# ^ , 0 t eity, ia employed on the south side said throe witnesses she expressed her purpose 1 in breaking np granite for the unpm ^ to make her will, and then and there she dio-1 the streets. When the fuff <j or Pf ^ m tated the several items in said paper, purport- they break from sixty to sixty-five to^r ing to be her will, and the same then and there I — —*—■ •"*«!«"* **»ver the iw* reduced to writing by toe said Bpanken and | and Sauerland, who signed toe said I paper as. official witnesses, and the | In the active pursuit of 0 fts W waazviata* niiuvoovB) RUU mao i xa vaaw r - : - ‘,av OH* said testatrix then ft&d there also signed 1 Inestimable blessing of * her name to the same. Allot which testament-1 gotten, until di#®*s* i# fi™jy . i vulaerableP tne recitals therein referred toand toe facts there- J most penwu*, ; in recited; that said paper writing was executed in j polht involves aknort toe w u substanoe and form according to the laws of I the reason why under tiro -ffljctioJ force in that part of Germany, where toe same j enumerated such a 0-^1*101 1 was executed, and by the laws of that country, I we claim the Simmons Liv would be a good testamentary disposition of I remedy for them all. mmtm mm aomaNUflrittHI mm1
