Newspaper Page Text
The Greor-o-ia Weekly Telegraph and Journal <fo Messenger,
Telegraph.and Messenger.
AT A CON, APBIL 11, 1871.
A Day in Catlrbert.
This flonrishihg city Las now a very attractive
appearance. The foliage of the oaks and other
fino trees is fall and beautiful. The roses and
other flowers are in full blqom; all look fresh
and inviting. The gardens are yielding green
peas, early vegetables of all kinds, and straw
berries—delightful to an up-countryman. They
have theirnico beef, and nice mutton upon
which to feast their friends. All of this, in the
/.uTm and approved judgment of the sage of the
Telegram and Messenger, tends to good
health, good morals and a high order of civili
zation. The city numbers among its 3000 pop
ulation many intelligent, highly cultivated and
hospitable gentlemen,-devoting themselves to
tbo various professions and other business oc
cupations. There are two flourishing Female
Colleges—the Andrews’ Female College, under
tho superintendence of Dr. A. L. Hamilton
and his estimable lady, to whom we are in
debted for some pleasant moments daring onr
stay; and the Baptist Female College, under
the care of Mr. Shields.
We met many of onr old friends—CoL H. H.
Jones, Judge Gormerly, Judge Thos. Coleman,
Elam Christian* of that good and flourishing
weekly, the Catbbert Appeal, CoL B. S. Wor-
rill, onr old friend.Eugene Douglass; the old
merchant of the city, Mr. J. McK. Gunn; the
pleasant and agreeable druggist of the place,
Dr. T. 8. Powell, who is entitled to onr special
Minra-g for the attention he gives to the inter
ests of the Telegraph and Messenger, Judge
William Eiddoo, Captain Mike Atkins, a suc
cessful merchant long established there. We
had the pleasure of making the acquaintance
of many others. To sum, up as to these
matters, few places* can boast of such fine
gentlemen and kdies, such evidences of good
taste in the matter of residences, and orna
mented enclosures, .and .everything else that
shows a good society, and so many subscrib
ers to the Telegraph and Messenger as Cuth-
bert. Tho health of the city must be excel
lent, as they have pure .air to breath and the
best of pure freo-stone water to drink.—
There is now abont the-place an appearance of
quiet which can bo attributed, we suppose to
the fact that farmers are busy looking after
their interests outside. .They have near them a
Boil, not very rich, yet productive. We found
that fine gentleman and.amatenr draughtsman,
J. B. Buchanan,Esq., one of the Aldermen of
the city, with his assistants engaged in laying
off beautiful drives through the Cemeteries and
otherwise patting them in good order. Every
place should do likewise. Thq place where onr
deceased friends aro to rqposo,after their jour
ney through life is ended should.be all in its
surrounding to make-a stroll through it delight
ful to the visitor. The most of our, legal friends
were absent at Blakely attending,Court.; we
regret not meeting them. .Of one .thing we
are snre, whenever we have.leisure and. wish a
pleasant trip from home, Cuthbert will always
be in our mind as the plaoa.to, st9p.at.
Paris Allairs.
The morning dispatches -contain nothing very-
important, bat certainly indicate the probability
of a somewhat protracted struggle, before .the
Thiers Government wilt be in .possession of
Paris. What this fact implies to Paris may ho
gathered from the plundering by the mob of
these splendid churches the Madalaino and As
sumption. The Communists have.issued a pro
clamation announcing retaliatory measures upon
the Versailles troops, some of whoro, the late
FapaI,Zcuaves more particularly, are reported
to have ^aot the prisoners as rebels. -On tpo
whole, a-now and more disgraceful .chapter of
violence apd blood is opening in Paris, and-God
send it mqyhe brief.
TheSan Domingo Manifesto of Gen, Grant
yesterday ,wa3 an odd performance. It is
strange that a.aian of Gen. Grant’s opportuni
ties cannot dovotail the King’s English a little
more closely anji.gracefnlly. It is the clumsy
style of an unlettered man unable to express his
ideas with precision or grace. However, he
crawfishes out of tne.scheme with an air of ap
parent candor and moderation, and throws him
self back upon the position of an humble waiter
on the will of the peopls. He is amazed to find
opposition to the schemedram those who “have
heretofore professed to . be prominently the
friends of the rights of man”—Mr. Sumner for
example—and retires on an .ample stock of good
conscience and disappoihted^patriotism. The
San Domingo cock is withdrawn from the pit
Probably he will never crow Again— but we
shall see.
Loyal Bills.—The Northern papers com
plain that the Pennsylvania borderers sold pro
visions at five prices to Lee’s troops, pnd then
bring in bills for the same against Uncle Sam
uel. One sufferer by the name of Seltzer sends
in the following bill:
Bait of clothes (black cloth) $85 05
One ham, 18 pounds, at 15 cents ......' h-70
One shoulder, 14 pound, 12£ cents ;.. 110
Another offers the following: 1
Half-barrel of mackerel.., $10 00
Sundries 80 00
New hat »«•?».. 3 50
And still another, as follows <
Two hams, abont 16 pounds each... -. .$3 20
Soap, butter, apple butter, and mackerel isoo
“ ' eight
Use* of horse'eight days........ ..., r 3 20
Foes in February and Fbosts is April.»-We
heard yesterday, of a prediction by a weather
prophet that perhaps deserves being pot .op
record, in order that it may be tested. He said
that whenever heavy fop appeared in February,
frost was formed the corresponding days in
April. £e reports heavy toga on February Otb,
15th and 24to, and consequently sets down frost
for the corresponding .days this month. Next
Sunday will test his theory,
Dr. T. S. Powell, of Cuthbert, showed us,
growing in a yard back of his drug store where
he had thrown some day from a cellar, five
specimens of red oloyer and blue grass, which
had grown from the seed scattered from his
back door. It was two to four feet high and
very luxuriant This goes to show that with
care a good dover crop can be raised In many
places in our State.
* . Alaska. Good rps Something.—A note on
fats in the New York Commercial Advertiser
says tho old Russian Fur Company, who used
to ship 40,000 far seal skins a year from Alaska,
has been succeeded by an American company
who turn out 800,000, valued at two millions of
dollars. The best judges, however, say the
seals will not stand so much skinning and will
soon be extinct
Prospects of Corn and Cotton along the
Mississippi.—Mississippi river planters are
cheerful over the project of an early release
from the floods by which they have so long
been surrounded. Preparations are aotive for
cultivating a large crop of cotton and oorn, and
orders for supplies, which for some time past
have been, held back by the overflow, are now
rapidly oomlng forward.
Rhode Island Eviction.—The Radicals re
port that they have carried Rhode Island by
8,500 majority. Last year their majority, out
of a tolal vote of 16,788, was 4,198. Rhode
Island is little any how-rr-and a real estate qual
ification shuts out half hep people fjpjn the bal-
Kemetly for the South Carolina
Chaos.
The World, in a long article, canvassing the
letter from -Mr. Memnsinger, and considering
tho impracticable character of the remedies he
suggests, proposes the following: 1. Let the
Massachusetts qualification have a prospective
action, and it would revolutionize the character
of tho constituencies in the course of ten years.
2. Make a - Constitutional provision that the
Legislators -chall serve without pay, and the
electors of each District may choose whom they
please within the bonnds of the State. 3. Make
another, prohibiting until 1880, any increase of
the State debt or the raising of any greater sum
for taxes than will pay the current expenses'of
the State. 4. Give the Governor an absolute
veto and authority to veto separate items in ap
propriation bills. 5. Extend tho Governor’s
appointing power to all subordinate exeentive
and to all judicial officers.
The World’s plan may be “swapping the devil
for a witch,” bnt it is no better. A constitu
ency which deliberately fills the most important
representative and executive posts with notori
ous rascals, is terrible; but is ft any more un
trustworthy than the rascals whom they select?
Whero rests the advantage of increasing the
power and popular irresponsibility of the latter ?
Scott and his venal horde are, in truth, the ef
fective authors of the mischief complained of.
They have manipulated and trained the negroes
to hold,while they rifle the pockets of tax payers.
If Scott and his myrmidons had been honest
and conscientious, there would have been no
trouble. A very small part of this vast negro
constituency pocket any of the booty, and they
conld have been manipulated-in the interests
of a fair government instead of &'foul one. The
fact that they have no sense or intellectual per
ception to distinguish the one from.the other,
brings the whole responsibility of the publio
ruin to the door of 4he nefarious gang who ran
them; and we see nothing to be gained, there
fore, by increasing the power of the latter for
mischief.
The World and the Charleston Republican
are, no doubt, right as to the fact that the ne
groes would never oonsent to disfranchise them
selves ; and this brings ns back to the incura
bility of a debased and demoralized elective
franchise. That is the foundation of the pnblic
edifice, and when it is absolutely rotten, there
is no patching up the structure to serve any
good purpose. It is bound to tumble.
If the negroes could be persuaded to estab
lish a qualification for all fatal*voters and to
respect it, then a slow process of purgation
might ensue, if the State could wait for it. But
both hypotheses are hopeless. In no State of the
South have the whites, so far, been able to en
force the simple constitutional restriction that
the taxes shall be first paid by the voter. In
Georgia this has been deliberately disregarded
in every case, and the negroes marched up to the
polls under their white ringleaders in open defi
ance of the Constitution. In South-Carolina,
the suffrage is at least restricted to the male
sex, but Scott voted hundreds of negro women.
In truth, all these so-called .reconstructed
governments, so far, have been-the broadest
carricatures on reason, common sense, consti
tutional law, good government and honest ad
ministration. Conceived in violence and legis
lative fraud, they are worthy their origin.
Where there is a preponderance of white voters
they will, perhaps, in time, be redeemed and
.adapted to the purposes and functions of an
honest and beneficent pnblic administration.
But where there is a preponderance of negro
.voters, their course must be downward to rain
and destruction.
-The-South Carolinians are right in preferring
to be remanded to a territorial military organi-
.zaliOE. The military government, under a re
spectable white officer, is, it is true, a sort «f
Turkish affair, and very undesirable in itself
considered j bnt as an alternative to the exist
ing situation, or to any improvement which can
probably be t made on it for the present, the
question of preference does not admit of a
doubt
There, is, in. truth, but one way of getting at
Mr. Memminget’sremedy and curing the trouble,
and that is by th&same violent and unconstitu
tional method whiohproduced it. In this case
“the hair of the.dog might be good for his bite.”
We dojaot recommend it We merely say that
Congress -which reconstructed a government
that : in all probability, reduce South Car
olina ton wilderness. pf African savages, may,
with no greater violence, re-rseonstruct a gov
ernment whieh would save her. In the same
policy, bnt ^ith far rpore .beneficent purposes,
Congress might install a .military territorial
government, and then pass a new reconstruc
tion act which should .reorganize the State un
der a qualified suffrage ; and this hi the only
way in whioh Mr. Mepmfinger’s remedy could
be introduced. Without it, a .barbarous con
stituency will rain the State.
THE GEORGIA PRESS.
The city tax on real estate in Atlanta, Augusta
and Savannah is 2 per cent., in Ea Grange
l-10th of X per cent and In Columbus 1J per
cent. Macon is better off in this respect than
any other city in the State.
The Columbo3 Sun furnishes us the following
items:
Planting Cotton.—Some of our larger farm
ers have commenced planting cotton this week.
While it is true that much more corn and small
BY TELEGRAPH.
grain has been planted than last year, onr best
information is to the effect that the acreage in
cotton will about equal that of lost year. Each
planter seems trying to fool his neighbor. We
have made careful inquiry and this appears to
be the average condition of affairs in this sec
tion.
Guano Sold.—It is reported large quantities
have been sold in the past ten days. Especially
has this been the case in Savannah. Of course
all the sales are for cotton deliverable next fall.
We hear of some farmers who, strange to tell,
are using fertilizers on corn.
The Savannah Republican, of Wednesday,
chronicles the following narrow escape from a
horrible death:
Yesterday morning about six o’clock a pas
senger from Jacksonville, whilst laboring under
the effeots of too much benzine, fell between
the cars of a train on the Atlantio and Golf
Railroad. The train was soon stopped and the
unfortunate man was found beneath one of the
tracks with his head resting on the rail imme
diately in front of one of the wheels, after
having been dragged abont two rods in that po
sition. His escape from death was a miracle,
to say the least, and the persons employed on
the train deserve great credit for tho prompti
tude which they displayed, and which saved
the man’s life. As it was, the gentleman’s neck
was badly cut near theleft ear, and he was car
ried in an insensible condition to Dr. Duncan.
The injuries will not prove fatal.
At the monthly court-house sale in Augusta,
Tuesday, Augusta National Bank stock sold at
$117 50 per share; Georgia Railroad stock at
$100 50 per share; Augusta and Savannah
Railroad stock at $65 50.; and first mortgage
bonds of the ,Macon and Augusta Railroad
($1,000 each) at the rate of $83 50 to $84 50
per hundred dollars.
A Brunswick man has come to the following
conclusion on the subject of railroads termin
ating at that point:
“The truth is patent,, and cannot be denied,
that there is not a railroad terminating at Bruns
wick to-day, which is not as essentially a Sa-'
vannah as it is a.Brunswick road. Yea, more;
according to the present .programme of exclu
sive, discriminating schedules, one of them is
the mere competitor of the Central Railroad,
and essentially a-feeder of-Savannah, while the
other promises to be a competitor of the South
Georgia and Florida Road, and equally a feeder
of Savannah—our rival—with the inside track.”
The - Columbus bound train on the South
Western.Railroad, Tuesday, lost one hoar and a
half by running over a cow near Butler, Which
threw two wheels of the express car from the
track.
We.get the following information from the
Savannah.News, of Wednesday:
We learn that Mr. David Dickson, the well
known (Georgia planter, has determined. to
found a. city in Hancock county, to be called
Dickson City. The grounds.of the place have
already been laid out, and they afford ample
scope for farms, manufactories and other inter
ests. The water-power in the vicinity of the
embryo metropolis is said to be tbe finest in
the world, and two lines of railway .will pass
through the .proposed site. Reservations have
been made ip the plan for chnrches, schools,
public buildings, .markets, etc. We are inform
ed that Mr. Dickson is now appointing agents
The Effects ora Bad P©4iey.
We have no disposition whatever to find fault
with our cotemporaries for anything they may
nblish not in accordance with oxff views, un-
iss it bo something detrimental to the country
at large. Doubtless our cotemporaries feel as
we do, but their indiscretion in one particular
deserves to be pointed ont to them, that the
evil may be abated at once. We desire to call
their attention to the vast injury they are doing
the faming interest by publishing conversa
tions with farm oft, in which the fanners are
made to say that their neighbors generally are
planting a larger area of com and leas ootton
this year than last, and that the indications are
that» great amount of com will be made and
but little cot-ten. Nothing mb be more Injuri
ous than such a policy on the part of newspaper
men. They thus defeat n» very object whioh
they desire to accomplish. We n*»a oonelusive
evidence on this point. A gentleman oar
acquaintance—one among the largest planters
in Pulaski oounty—and a dilligent reader of the
Maeon Telegraph and Savannah News, told
some of hie friends a few evenings ago that on
his return to his plantation he intended to have
fifty acres of hia com plowed up and ootton
planted in its place. We have not a doubt bnt
the change has been made, and that others will
follow. We have frequently known fields of
com plowed up and cotton planted therein as
soon as tbe spring advance oocurred in the
staple*
We copy the foregoing from the last Haw-
kinsville Dispatch, for what it is worth. Oar
plan of printing* paper is very plain and sim
ple. We print such information as we can get
from all sources, and then let people do exactly
as they please in the, light of ft. If we have
induoed any body this year to plow np com, we
regret it. We are sorry for him. We are sorry
for any body who behaves he Is going to make
mnoh money on ootton this year. His case calls
for commiseration, and we have no idea of
reaching it by withholding the news or any
other strategic operation. Let his friends get
out a writ de lunatico inquirendo, and oharge
the expense to the San Domingo Commission.
For our own part we shall continue to print a
newspaper, including all the conversations of
planters we ean get worth printing. It is no
new idea—that of withholding information for
fear a bad use should be made of it. We are
sometimes importuned to doit; but our role
is to give thefaots so near aa we can learn
them.
The Macon Presbytery.—This body began
its session in Cuthbert on Wednesday night
last. Revs. Mr. GaOlIard, Wm. McKay, Mr.
Vaughn, David Wills, D. D., and others, were
present. r
The morning’s news from Connecticut holds
out some hope of the re-el eotion of English by
the people. Later dispatches, we suppose, will
confirm or dispel it.
to solicit immigration from the North, Sonth,
East and West, audit is expected that by next
.spring .Dickson City will boast of a population
of.ten thousand. Jt Mr. Dickson is as success
ful in, raising a city as lie is in raising corn and
cotton, .wo may look ont for something marvel
lous.
The egitcr of the Chronicle and Sentinel has
just returned.from attending the first Superior
Court held in Thomson, the county site of the
new.county, MoDuffio, and gives this pleasing
report:
We have never seen a more orderly crowd
than was assempled in Thomson on Monday.
There was no evidence on the street of that
most common blot on American society—drunk
enness. The very best relations seemed to ex
ist between the white and black races, and so
far os we conld lean:, the planters and the la
borers are getting along peaceably and satisfac
torily to both parties. Wa were pleased to
learn that very full crops of com and small
grain have been planted, -and that much atten
tion is being direoted to the raising of stock—
of the latter, Colonel Fulton had a fine speci
men on exhibition in the village. The oounty
of McDuffie oontaius a number of the best plan
ters in the State. They are intelligent and pro-
gressive men—anxious to learn, and willing to
make efforts to secure information.
The Catholics at Augusta will soon commence
work on a new and very handsome parsonage to
cost $10,000, and to be three stories in height.
A collection recently taken np in tbe churoh
there, realized six thousand dollars.
The Savannah papers say the monthly Court
House sales on Tuesday were well attended,
bidding was spirited, and prices very fair. The
following prioes were obtained for stocks and
bonds:
Shares Southwestern Railroad Stock, $94 J.
Shares of Central Railroad stock, at $118 75
per share.
Ten shares Central Railroad stock, $118 50.
Fourteen shares Plain Atlantio & Gulf Rail
road stock, 33}.
Fifteen shares Atlantic A Golf Railroad stock,
7 per oent, at $5G 50
Five thousand old City Bonds, ($1,000 each)
at $80 50.
Two thousand Albany & Gulf coupon, bonds,
($100 each), gnaranted by City of Savannah, at
$61 50 per share.
We dip the following artiole from the Haw-
kinsville Dispatch, of yesterday:
Guano Shipments fob she Yeabs 1870 and
1871.7—M an y of onr readere having expressed
a desire to know the difference between, the
shipments of guano for the seasons of 1870 and
1871, we have obtained the figures from Mr. J.
B. Mitchell, assistant agent at the depot in this
place, and present theta to the public. During
the months of February and March, 1870, the
shipments of guano to Hawkinsville over the
Macon and Brunswick Railroad amounted to
2,821,260 pounds, or over 1,160 tons. For the
months of February and March, 1871, the
amount received by the same souroe was 544,-
250 pounds, or a fraction over 272tons.
By these figures we observe that the ship
ments of last year exceed those of the present
season nearly 900 tons, which, estimated at $60
per ton, present credit prioe, makes $54,000
less to be paid by planters next fall.
One noticeable feature in the sale of guano
this year is that a great many small farmers are
buying it who never used it before. ’ Some few
planters who ran very large plantations have
not purchased near so extensively as last year.
We hope all these changes are for the better,
and that the advent of next fall will find oar ag
ricultural friends more able to meet the demands
of those who advance them necessary supplies.
Surely there is a brighter future for the country.
Atlanta was howling all yesterday. She has
heard that Lydia Thompson was not ctyning.
It was “reported,” yesterday, that $21,000
worth of stock In the Atlanta street railroad, had
been subscribed.
The Constitution, of yesterday, says a New.
nan merchant on Wednesday ordered his freight
shipped from Atlanta via Griffin, as the Macon
and Western, and Griffin and Newnan roads
charged less than the Atlanta and West Point
road. ‘
Three hundred and six penny weights of gold
from the Grantville mine, were reoeived in At
lanta Wednesday. <*> .«w,jsaa
McKean Buchanan played Hamlet Wednes
day night at Atlanta, and the Era says “ruthless
ly butchered" It At the dose of the perform
ance he made the following speech :
Ladies and Gentlemen: X regret it very
much, but circumstances over whioh I have no
oontrol force me to close my engagement here
to-night. It was my intention to remain all tbe
week; bat X find that I am losing money. 1 am
a badness man myself, and I suppose that. all
the ladies and gentlemen before me are busi
ness men. (Xsiughter and applause.) I have
lost fifty dolkrs every night since. I have been
here. That is too much. I am too old to play
for fame—I made that yean ago—and I have
too much sense to play for fun. I have been
offered a very lucrative engagement in Chatta
nooga, and I shall play then to-morrow night.”
Paris, April 5, 11:80 a. m.—The Versailles
troops still hold tho heights of Chattilon whence
they bombard Issy Vanves and Meudon. The
Commune continues to send reinforcements to
the Nationals outside the walls. Tuesday was
a more disastrous day for the Communists than
Monday. The Commune issued another proc
lamation this morning. A speedy triumph is
promised over the Royalists who have disgraced
France by their savage mode of warfare. They
are charged with shooting prisoners and mur
dering the wounded on tho field of battle. Bat
talions of tho National Guard will be reorgan
ized and their pay increased. The proclama
tion concludes by ordering all unmarried men
into the ranks. A grand review is announced
for the 7th instant in the Champ de Mars.
Versailles, April 6.—The Goventment troops
have entered Marseilles and have 500 prisoners.
The insurgent committee fled. Thiers says tho
Government desires by the effusion of some
blood to convinoo the insurgents of its earnest
ness. Issy and Vanves will be attacked.
The insurgents are alarmed and proscribing
each other.
Versailles, April 5.—The insurgents still
hold forts Issy and Vanves, and fire resolutely
upon the Government’s position at Chattilon.
The insurgents attacked Sevres bridge, and
were repulsed. Disturbances are reported at
Limoges.
Paris, April 5.—The Commune proclamation
announces retaliatory treatment of prisoners.
The La Soir, Ln Verte and National, news'
papers, are suspended.
Tho churches of the Madelaine and Assump
tion have been pillaged by the mob.
The prioes of provisions are rising.
Washington, April G.—The vote yesterday
in the Senate ordering the Judiciary Commit
tee to report a Ku-klux bill, was strictly party.
The programme will keep Congress here till
May.
The latest from Connecticut is now favorable
to English’s election by the people.
Providence, April 6.—The present State
officers are re-elected by about 3,600 majority,
except the Lieutenant Governor, who, wanting
a popular majority, goes to the Legislature.
Washington, April C.—The reported insani'
ty of Trielhard, the French Minister, is tele-
graped here, but Is untrue.
Nominations—T. K. Sneed, Collector for the
first district of Virginia.
Senate.—The morning hour was employed
without result upon the Goldthwaito' and
Blodgett election cases.
The Joint Outrage Committee occupied the
balance of the day.
The House, by a vote of 118 to 91, passed
the modified Ku-klux bill.
The following is a succinct statement of the
bill as passed, with omissions and additions.
The substitute strikes out the seoond, third, and
fourth sections of the original bill. The second
section of the original bill made it a felony for
two or more persons to conspire together to do
any act in violation of the rights, privileges,
and immunities secured by the Constitution of
the United States, and punishable in the United
States courts.
The third section in all cases of insurrection,
domestic violence, unlawful combinations or
conspiracies, which so far obstruct the execu
tion of State laws, or to deprive any portion or
class of people of the rights, privileges and
-immunities, secured by the Constitution and
laws, and of any -State through-its proper au
thorities, fails or neglects to apply to national
aid, the President may use national forces to
suppress such insurroetion, domestic violence,
unlawful combinations and conspiracies, and
arrest offenders and deliver them to the mar
shal of the distriot.
Thefourth section provides that whenever such
combinations beoome so powerful as to over
throw or set at defiance State authorities, and
when the punishment of offenders and the pre
servation of pablio safety shall beoome imprac
ticable it shall be deemed a rebellion. The
Fresidest may, after proclamation, suspend the
the privileges of the writ of habeas corpus,
which provisions shall continue until June 1st,
1872.
The substitute for the seoond section makes
it felony for two or more persons to conspire
together to overthrow the Government, or to
levy war against it, or to oppose, by force, the
authority of the United States, or by force to
take or seize the forts or property; by force or
intimidation or threat prevent any person from
aooepting or holding any Federal office; to pre
vent him from discharging the duties of his
offioe; to leave the State or district, where his
duties may be lawfully performed, or injure him
in his person or property on acoount of the law
ful discharge of his duties; or threaten or in
jure a witness or juror in the United States
Court; or conspire together to deprive any class
of persons of the equal protection of the laws,
or of equal privileges and immunities under the
laws; or prevent or hinder the authorities of
State from securing all persons in the equal
protection of the laws, and confers upon the
party injured the right of aotion for damages.
Suits to be brought in the United States Court.
The substitute for the third seetion provides
that in esse of insurrection, domestic violence,
unlawful combinations and conspiracies, that
shall obstruct or hinder the execution of the
laws of the State and United States so as to de
prive any class of persons of the rights, privil
eges and immunities named in too act, and the
authorities of toe State shall be unable to, or
fail from any cause to afford protection, and
shall fail or neglect to apply to the President
for aid, such fact shall be deemed a denial of
the equal protection of toe laws; and it «h«H
be lawful for the President to employ toe
national forces to suppress suoh disorders, and
to arrest offenders and deliver them to the mar-
ahal. qn» » i> *
The substitute for toe fourth section author
izes toe President, after proclamation, to sus
pend the privileges of the writ of habeas cor
pus until the 1st of June, 1872, whenever in any
State the unlawful combination shall be so nu
merous ancLpdwerfal as to be able, by violence;
to overthrow or.set at defiaaoe the authorities
of toe State, or when the State autoorilies are
in complicity with suoh combination. All per
sons arrested under suspension of toe habeas
corpus must be taken before the judge *f toe
Federal court, and if no indictment Is found at
at the pending or first subsequent session toe
prisoners shall be discharged. The law re
quiring the iron clad oath from petit and grand
federal jurors is repealed, bat the judge may de
mand an oath from a juror that he don’t belong
to the Ku-klux.
St. Louis, April 6.—Brown’s official major!-
ty for Mayor Is 2,804.
Cincinnati, April 6.—The Society of the
Army of the Tennessee met, Sherman presid
ing. Two thousand were present. . .-f • .
Havana, April 6.—Baron Schloegar, the
Prussian Minister is here en route for Washing-
Bullion has increased .£88,000 in the Bank of
England.
St. Petersburg, April 6.—The treaty with
Turkey for the free navigation of the Black
Sea has been signed.
Vienna, April 6.—The consular treaty with
toe United States was ratified.
Savannah, April 6.—Cleared—steamship
Oriental, Boston; bark Onward, Liverpool.
Charleston, April 6.—Cleared—steamers
Georgia, New York; Fall River, Philadelphia;
San Quinton, Havana; bark Columbia, Am
sterdam ; schooners L. A. Dennerhora, Phila
delphia ; W. B. Mann, Riohmond; A. F. Fabers,
Providence; Alfred Keen, a Southern-port; A.
E. Willard, Georgetown, S. O.; Mayday, Buoks-
ville; John McAdam, Georgetown, S. ’G.; D.
V. Streaker, Wilmington.
London, April 6.—The deputies of Paris
have agreed, in principal, and will draw up a
manifesto to the people of France—demanding
toe maintenance of the Republio, and claiming
for the municipal body of Paris toe right of
deciding all questions relative to the organiza
tion of the city—particularly ns regards the
instruction of the finances and publio worship,
and that, as a basis of coneiliation, the position
of the National Guard as the guard of Paris,
must be recognized.
The Assemblyists occupy all roads to Ver
sailles.
It is considered probable that the whole col
umn of General Bergeret are prisoners. Five
hundred women and children accompany the
federalist troops.
Washington, April 6.—la the Senate Davis,
of Kentucky, called attention to an offensive
allusion to himself in a recent speech by Re
presentative Butler, of Massachusetts, based
upon the difficulty between them on the floor
of toe Senate last week. He intimated having
inourredtoat member’s enmity by his efforts
Decisions of* Abe Supreme Court of
Georgia.
DELIVERED AT ATLANTA, TUESDAY, MAR. 28, 1871.
From the Atlanta Constitution. 1
A. S. Buchanan vs. W. 8. Higganbotoam.
Complaint from Floyd.
Warner, J.—Where an action was brought
by toe plaintiff against the defendants, the
one as tenant in possession, the other as the
true claimant, to recover the possession of a lot
in the city of Rome, which had been sold by
toe Sheriff under an exeoution against the plain
tiff, and purchased by 8.; alleging that the
Sheriff’s sale of toe lot to S. was fraudulent and
void. On the trial the plaintiff proved by, his _tration, from Floyd,
own evidence that S. had sold the lot to M. for
the sum of $1350, and it also appears from the
record that M. had sold the lot to H., one of toe
defendants, bnt for what amount is not shown,
nor are the deeds of covneyance set forth in
the record. The jury found a verdict for the
plaintiff. The defendants made a motion for a
new trial on general grounds, one of whioh was
that the conrt erred in refusing to charge the
jury, as requested by defendants’ counsel,
“that if they believed thatS. obtained posses
sion by a fraudulent purchase, yet, if the prop
erty sold by him to M. and by M. to H., the
defendant, then IL’s title will be protected, and
the plaintiff is not entitled to recover, un
less the evidence shows notice of the fraud in
him.” The conrt granted a new trial in the case,
and the plaintiff excepted:
Held, That in view of all the facts contained
in the record, this court will not control the
discretion of 1 the court below in granting the
new trial. - ' 1 .1 -
Judgment affirmed.
Wright & Featherstone, for plaintiff in er
ror.
Alexander & Wright, Smith & Branham, for
defendant in error.
several years ago to compel a restitution of -plainant’s bond to him; IL, on learning that
A. K. Seago vs Z. D. Harrison et aL Equity,
from Fulton.
Warner, J.—When a bill was filed by S., the
complainant, against H. et ah, alleging that he
purchased a city lot in Atlanta from Sasseen,
which was subject to judgment held by Black
against Sassen, that he sold a part of the lot to
Smith and executed to him a bond for title
thereto, that part of the lot was sold by Smith
to HL, by a real estate agent, transferring com-
nlninnnt’d V, /l fn Vilrrt • XT An lAnmninn r* 4
silver plate and other property belonging to a
loyal man, whioh Butler had seized at New Or
leans. The other day when addressing the
Senate he noticed Butler Occupying the seat
immediately adjoining his own and regarded
both the proximity and manner of that gentle
man as offensive. After resuming his seat
Butler continued an earnest and excited
look at him, whereupon ho (Davis) faced him
and after looking him in the eye for an instant,
said to him, “yon damned old scoundrel, are
you here to scowl at and brow-beat me?"
[Laughter on toe Republican ride.] He made
no reply and I repeated that language. He
then responded, “I have not addressed you, sir,
or said a woid to you.” I then said, “what are
you here for—why did you scowl at me ?” He
answered, “I did not scowl at you—you are an
old man.” I rose to my feet and advanced one
step towards him and arid, “I am young enough
toco with you from this Senate Chamber when
ever it is your pleasure.”
At this point Senator Wilson stepped between
us and laid bis band on Butler’s shoulder and
said a few words to him, and they walked off
together. Davis added that Ms sole purpose
was to state the affair as it took place, and thus
correct misrepresentations. It was not his in
tention to have any controversy with the uni
versally recognized blackguard, coward and
scoundrel of the United States who, himself,
did not dissent from toe general judgment
against him.
New York, April 6.—A World cable dispatch
dated Versailles, 6, says: It js reported that
Thiers, instead of following up the advantage
gained and allowing the army to enter Paris,
has commenced negotiations with the Com
mune, offering to concede many of its demands,
and to exempt its leaders from punishment in
consideration of its recognizing the authority
of toe Assembly. The report causes intense ex
citement among the conservative deputies, and
in toe army. Forces of the Commune are still
in large numbers outride of Paris, but in ex
tremely critical positions.
the lot was subjeot to Black’s judgment against
Sasseen, from whom the complainant purchased
it, refused to pay the purchase money to Smith,
whereupon Black executed a release to the com
plainant, releasing that portion of the lot pur
chased by H. from the lien of his judgment,
but expressly stipulated therein that the release
should not extend to the remaining portion of
the lot, which tho complainant alleges* was done
withont his knowledge, the complainant execu
ted a deed to H. for that portion of the lot pur
chased by him from Smith, H. paying toe com
plainant what Smith had'promised to pay him
for that part of the lot. Afterwards, Black
had his execution levied on the remaining por
tion of the lot as toe property of said Sas
seen, whioh was sold by the Sheriff, without
notice to the complainant (there being no one
in possession of that portion of the lot,) which
was purchased by Hayden et. al., and subse
quently sold to Harrison, who afterwards sold
the whole lot to Withers. The prayer of the
bill is that the Sheriffs sale of that part of the
lot sold in satisfaction of Black’s judgment
may be set aside as being void, the defendants
restrained from removing the improvements
thereon, and that the same zany be declared to
be the property of complainant, and turned
over to him. There is no allegation in com
plainant’s bill that the defendant’s are insolv
ents.
Bad, That if the complainant is entitled to
any relief under toe statement of facts contain
ed in the reoord, that he has an ample and ade
quate remedy in a conrt of law as in a court of
equity, and that there was no error in the court
below in sustaining the demurrer to toe com
plainant’s bill, and dismissing the same for want
of equity.
Judgment affirmed.
Thrasher & Thrasher, for plaintiff in error.
Newman & Harrison, R. H. Clark, for de
fondants.
MoOay, J.—Under the CononTT'
and toe acts passed to Sg®***,
clause therein into effect, nebw.?
the minor heirs of a decease.!
right of homestead in the pro^H 0 * ^
ceased as against toe clai ma th,
to toeir distributive share undte?t* d «k
distribution. ertil6 8ias
Blanford & Thornton. G -m , *
plaintiff in error. ’ "• hestg ,
Ramsey & Ramsey; Miller ,T v „ *
J. W. H. Underwood, for defenaant" tItttl! .l
Hugh McCulloch vs. T."p ,
atioD, from Floyd. *
MgGay, J.—An award of arhif...
the arbitration law will not bo ^ 1
ground that it is illegal, because
evidence, unlessitbeso contran-tna StJ:i J
as to require the inference that it
of frand, accident, or gross mister;
fact on the part of the arbitrator*
award has been attacked upon thi* ***
fore the Superior Conrt, undo-.}?
of section — of the Revised Cod#» i’ 10 *
tion has been submitted to a iurv v 15:8 ?
infavor of the award, and the ef:
a new trial, it must be a very
deed, to justify this court in
Judge, and directing a new trial E
Judgment aaffirmed.
Printup & Fouche, for plaintiff
Smith & Branham, for defendant Kor ’
Tbe Cotton Crop of 1870-71.
By the following statement dipped from the
New York Commercial and Financial Chronicle
of Friday last, from which the telegraphio report
is made ont, it will be seen that an error of
200,000 bales occurred in the telegram, (or our
rendering of it,) giving toe total reoeipts np to
Friday night:
Friday, ?. x., March 31,187L
By spedal telegrams received by ns to-night
from toe Southern ports, we are in possession
of the returns showing the reoeipts, exports,
etc., of cotton for the week ending this evening,
March 31. From toe figures thus obtained it
appears that toe total receipts for the seven
days have reached 71,744 bales against 81,426
bales last week, 102,484 bales toe previous
week, and 136,533 bales three weeks sinoe,
making the total reoeipts since the first of Sep
tember, 1870, 3,812,231 bales against 2,406,346
bales for toe same period of 1869-70, showing
an increase sinoe September 1st this year of
905,885 bales. The details of the receipts for
this week (as per telegraph) and the correspond
ing week of 1870 are as follows, etc.
The increase, therefore, was 905,885 instead
of 1,105,875 as reported. The total reoeipts
being 8,312,231 bales against 2,406,346 to that
date last year. We aooept as the true report of
last year’s crop 3,154,946 bales, though authori
ties claim more. 748,600 bales were therefore
reoeived last year from the 3lst of March to
toe 1st of September. Adding this amount to
the actual receipts of the current year, we have
as toe total crop of 1870-71, 4,060,881 bales,
and it is probable toe actual receipts will be
considerably in excess of these figures.
Tbo Fruit Crop. .77 S -
Assuming that toe danger of untimely frost
this spring has passed over, the promise of fruit
is superabundant. We say superabundant, be
cause allthe fruit trees we have noticed are so
overladen that they will be seriously injured if
not relieved of abont half their bnrden by the
hand of nature or that of man. Look at your
peach trees, and you will find that you can
sometimes count fifty on a twig less than eigh
teen inches long. Plums, pears and apple
trees in this region are also much overladen
with fruit, though, perhaps, not to toe
extent. Generally, Nature relieves the trees
of a good part of this excess, but the peach tree
not unfrequently exhausts itself and is broken
down by over-prodnotion, while in excess of
numbers the quality and size of toe refined fruit
are much impaired. Choice fruit trees should
be looked to this month and relieved of part of
ttair bardfln by hand.
Visible Supply of Cotton.
The Financial and Commercial Chronicle of
the 31st ult,, makes the following exhibit of
ootton in sight on the night of the 81st nit:
ton. Business has been suspended the balance
of the week fort he holidays.
London, April 6.—A large French war ship,
supposed to be full of troops is ashore on Good
win sands; assistance has been-sent to.her.
The Louise Gibson from Liverpool for Bos
ton sunk In a collision with the Great Wertem.
The Great Western returned for repairs. A
man was drowned.
The physicians report the condition of toe
Pxinoess of Wales and mm, satisfactory.
has 1871.
Stock in Liverpool.... ..bah* 750,000
Stock inliondou ^ 74,890
Stock in Glasgow..... 800
Stock in TTina Mrlfy 41,376
Stock in Marseilles 4,000
Stock in Bremen.... 9,250
Stock rest of Continent..;... 25,000
Afloat for Great Britain _
(American). .865,000 -
Afloat for France (American
and Brazil) 15,631
Total Indian Ootton afloat fox
Europe;;.......,,. 169,000
Stoekin United States ports.579,781
Stock in inland towns... 82,639
Total ....2,116,817 1,540,203
These figures indicate an increase in the oot
ton in right to-night 576,614 bales oompared
with the same date of 1870.
As we predicted, Ku-Khudng took a new start
in Congress with the escape of the Radicals
from defeat in Connecticut
1870.
452,000
64,690
850
67,960
7,806
9,600
28,000
227,000
44,596
181,840
432,296
84,565
Isaac Wheeler vs. the State. Murder from
Fulton.
Warner, J.—Where on the trial of a prisoner
who was indicted for toe crime of murder in
too connty of DeKalb, where toe crime was
committed, and after endeavoring to procure
an impartial jury in the usual manner point-
ed out bylaw, and the presiding Judge became
satisfied that an impartial jury conld not be ob
tained in that oounty, passed toe following or
der : “The State vs. Isaac Wheeler. The court
being satisfied that an impartial jury cannot be
obtained in the oounty of DeKalb for the trial
of the above stated case, it is ordered by toe
conrt that said case be transferred, as to toe de
fendants, from toe oounty of DeKalb to toe
county of Falton, and that toe same be tried in
the said connty of Fulton; instead of the county
of DeKalb, and that the Clerk of the Court in
DeKalb make ont, certify, and transmit a com
plete transcript of toe record in said case to the
Clerk of Fulton Superior Court,
j (Signed) . J. D. Powr, J. S. C.”
This order of removal was objected to by the
defendant, which objection was entered on re
oord, bnt there is no error assigned in this court
as to that derision of the court in DeKalb, as
required by the 4191 seetion of toe Code, so as
enable this oourt to renew it. There is another
order in the record for toe discharge of the ju
rors who had been sworn, in which it is recited
“that the oourt having proceeded aocording to
law, to obtain a jury to try said case, and hav
ing, after using all necessary means, failed to
obtain a jury, the jurors were discharged, and
which was signed by the presiding Judge.
On toe trial of toe case in Falton county, toe
defendant moved to Bet aside the order remov
ing the case, demurred, and plead to the juris
diction of toe oourt of that county, instating
-pon his right to be tried in DeKalb oounty in
rhich the crime was committed—which mo
tion, demurrer, and plea, were overruled by toe
oourt.
Held, That under toe Constitution, the Su
perior Court of DeKalb oounty, in which toe
crime was committed, had toe original jurisdic
tion for the trial of toe defendant; except when
the preriding Judge thereof is satisfied that an
impartial jury could not be obtained in that
county, and in that event, toe court had toe
tower and authority, under toe Constitution,
the Act of 6th of October, 1868; and toe 4593d
section of toe Code, with toe oonsent of the
Solicitor-General and defendant, or his counsel,
to select the oounty in which the defendant
should be tried, and to order toe case trans
ferred accordingly. The court may transfer
toe ease to toe county agreed on by the parties,
or in toe event they fail or refuse to agree upon
any oounty, then the court may transfer toe
trial to suoh oounty as he may select. The
reoord in this ease does not show that there was
any agreement as to the county, but the legal
presumption in favor of toe judgment is that
they failed or refused to agree upon any oounty.
Held further, That the judgment of the Court
in DeKalb county removing the ease to Falton
oounty, being the judgment of a court of com
petent jurisdiction, could not be cdlateraSu
attacked in the Superior Conrt of Fulton county
for irregularity, or as having been improperly
{ranted, either on a motion to set it aside, or
>y demurrer, or plea to the jurisdiction of toe
court, and that the motion to set it aside, the
demurrer, and plea to the jurisdiction of the
oourt, were properly overruled.
Held also. That toe challenge to the array of
jurors impannded to tty toe prisoner was prop
erty overruled by tod oourt, inasmuch, as it was
affirmatively shown that the jurors were not
selected from those whoso names were in the
jury box, or that they had not been seleoted
and summoned according to law, the legal pre
sumption is, that the officers of the taw per
formed toeir dnty in the selecting mid summon
ing the jurors, until toe contrary is shown by
competent evidence, and toe same may be said
in regard to toe objection made to toe twenty-
four traverse jurors:
Held again, That there was no material error
in the oharge of toe oourt to the jury, whioh
oould have Influenced toeir verdict; and when
the verdict is abundantly sustained, as in this
ease, this court will not be very astute in toe
discovery of errors, to set it aside, unless they
be such as would have probably produced a dif
ferent result. Looking at toe evidence in the
record, and after viewing the fourteen grounds
taken in the motion' for a new trial, we are of
toe opinion that there was no error in the oourt
below in overruling tbe same whioh will author
ize this oourt to reverse it, and that the defend
ant should be well satisfied with toe verdict of
voluntary manslaughter and toe penalty impos
ed on him by the oourt under the evidence in
the ease.
Judgment affirmed.
L. J. Gartrell, Arnold St Broyles, for plaintiff
in error.
E. F. Howell, Solicitor General, for toe State.
Thomas L. Lackey vs. Georgia
ance Company. Assumpsit, f rom
McKay, J.—Under section2770rt.v
Code of this State, “a second insiuar^
same property, without the cons^.*® 01
surer voids his policy,” and that,*
though toe second insurance vs’T:
.face, is voidable by the second ate.
ground of the failure of the insured^'
notice, at toe time the policy was c-or- *
prior insurance of the same proptrtvi t;i
company. * • 13 *
Judgment affirmed.
D. P. Hill, T. P. Westmoreland f c . „
in error. ‘ ’ D
L. J. Glenn & Sod, for defendant
John M. Hunt vs. Jackson Formby to,
specific performance, from Floyd. 1 J-t
Lochrane, C. J.—Whero a bill 1 .
for specific performance under a eoairu*?
the sale of land, and a bond for titles
tached as an exhibit to the bill and n-5
mitted by the answer: ’ "*
Held, That it was not error in the c — v
permit such bond to go in evidence T ”
other or further proof of its execution.
Where the party gave notice in writiejd
absolute refusal to comply with such o
sale:
Held, That the charge of the eont t*n|
the effect that proof of tender after sactaf 3
was not necessary, was not error, bat ia -
formity with the rulings of this conrt in ’
Georgia report, 154th page.
Where the defense set up to a bill fa«
performance is toe capacity of the party toa
into suoh contract, and npon tin «
several witnesses have been introduced, s.
dozen testifying as to his derangemett. ols
citing faots upon which their opinion 7u t*
all concurring in the general impainnentofb
mental facilities, but severai stating thktleb
ordinarily attended to his own bnsinea, s
made his own trades, and the evidence fats
plainat denied the fact, and the intrinsic e
of transaction exhibited no sufficient un
ableness as to inadequacy of price, or thti
did not fairly comprehend in its effect, £
nature of the transaction, but on the <
that he did.
Hdd, That while we recognize the rules,
down by Chancellor Kent, in his exhansteda
quisition of toe learning and authority, hi
volumes, Ch. R 225, upon the disc
powers of courts of equity in such apt
for specifio performance, sustained, asitu,M
the galaxy of the English Chancellor, uq
which we recognize the propoetion. That*
a party elects his remedy in a conrt of <
it is devolved upon him by the forums
jurisdiction he invokes, that he must shots
matively his dear right to the remedy befoRlI
will be entitled to his decree for his specikpi
formance. Yet, under our law, equity jna
tion rests in the Superior Courts, and i jt
a part of our chancery system, and via
question of fact has been fairly subminedi^
them, which will always, and of jnsticebep
sumed, where there is no exception toflurtz
of toe jndge presiding at the trial, andthejr
have found for the complainant, and the
below refused to grant a new trial, uponffies
toority of Darts vs. Smith, 30 Ga 263, da
Radin vs. Tompkins, decided at the pnM
term, to toe effect that where the queetkii
one of fact, and there is sufficient evidesei
sustain it, and no rale of law was violate^
submitting the case to the jury, and the aa
below has refused a new trial, this court t
not interfere.
An adhesion to this rale is essential to thcrij
ministration of Justice, and cannot be depin
from without an unwarranted invasion of 4
established principles controlling the d
of this Conrt.
Judgment affirmed.
Warner, J., concurring.—This is a bill
by the complainant against the defeudut:
specified performance of a contract for th«
of a tract of land, toe complainant offerM
his part, to pay toe purchase money and i*
est due thereon. The defendant objects bfc
performance of the contract, on the groonddi
he was insane at the time the contract Hj
made. It appears from the evidence in the*
oord, that, in the month of August, left*
Saturday, the contract for the sale of the a*
was made for toe sum of $440—a fair price,*
lands were selling in that neighborhood 6 9
time. The writings were not executed on»
day, as the defendant was engaged insi«l
his fodder, but the parties were to
Johnson’s toe next Monday and dose the to*
On Monday, when toe parties met at Jobs*'
the defendant proposed to cancel the t*®!*
his wife was opposed to toe trade.
tiff then executed his note to the defend®®
the sum of $450, payable on the 25th dl*
comber thereafter; and toe defendant w®*
and delivered his bond to toe plaintiffs
sum of $900, conditioned to make *8°°“.^
sufficient title to the land on the pay®®
the note recited therein. ,. >*■
On the 4th of October, 1848, the d«®®1
wrote a letter to the plaintiff, vho rca«“ I
another oounty, notifying him that M I
not make a title to toe land, until cofflpja'V]
taw, as he wasnoton his proper “‘“r
time he made the oontraet, and, the™®?
not oompetont to make it, which Idler s ^
record. In toe fall of 1849, plantar
house of defendant to tender him tw ^
for the land, found defendant in bed b»>
him he had oome to pay him for the*«»iP
vided he would make a deed to $
spoke bnt once apd said be ahotadndg'
hia land. Stafford, awitaeffl, state,
sequent to this transaction, he asked
why he did not take the money, aei« .
replied, “That he knew how to■»«^
There were a number of witnesses
on both sides as to toe sanity of
at the time of making the contract,
this point in the case, the testimony ^
ing; though several of the defendant, w ii
testify that he was capable of attencirK^,
own business, did his own trading,
hard-working, industrious man. ^i
prove a good deal of strange eccentn:^
bn the part of toe defendant I
worth from $1,600 to $2,000. This *1
been pending in court for twemy > ^ j
and there have been two verdw*' %$»!
special juries in favor of toeoomp»®* D * a ( 0 ^|
last trial, the jury decreed a B Pt cl j.itceiM
anoe of toe oontraet by toe defc®^?..^ I
complainant’s paying toe principal an ^#1
due on the note up to the 15th of
1849, allowing toe defendant company
the improvements made on the lana.
fendant moved for a *”“ 1 nn ““ ‘'-* 1
that the verdict was oc
against the weight — , , . m, -.
oourt erred in admitting toe bond to I
evidence without proof of the exeenu ^ y I
that the court erred in Its charge »a
in regard to the tender of the money- jd»i
judgment, there was no error, ]
faots of this ease, in admitting th® ^ »i*|
dense or in the charge of the
tender of the money. The bond ***,;,)* I
in the bill, and admitted bytirndefen^t*
defendant refused to p*“r£rf, I
Morgan <k Kemp vs. Cynthia Kemp, from
Marion.
Mary A. Griffin vs. Thomas Griffin, from
Paulding.
answer. Tbe defendantrefnsedto^r^
contract on his part abeolutaly, the
in his bill, offered to perform it £
paying what was due by the eff*
contract If the defendant ^
time of making the eontraot, it a
ing on him, within a court of
court n equity, and thst g'&l
tion in the ease for the jury i*j|
and then having .been two
diets of two spseW Junes in the
tbe defendant’s residence, in t* 1
«a oapaeity to make the oontraet, t
boingroffictant evidenced the record^
tain the verdict, aooording to the