About Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880 | View Entire Issue (Sept. 5, 1871)
JLISBY, JONES & REESE, Proprietors. The Pjlmily Journal.—News GEORGIA TELEGRAPH BUILDING Istablished 1826. MACOY. TUESDAY, SEPTEMBER 5, 1871; Volume LXV—No. 10 TelcgrapU Building, Macon and Messenger, one year $10 00 have admitted the evidence as to the facts of case and then have charged the jury as to thereto 00 100 ^.Weekly Telegraph and Messenger, 1 rlmmoth Weekly Telegraph and Messen- columns, 1 year i^,u°S«»ys> n advance, and paper stopped the money runs out, unless renewed. ” s0 aaaiSOEMENis with j. w. bubke & OO.*S PUBLICATIONS. •jr telegraph &■ Messenger and Farm iidHooe *$ n 00 •eeUy Telegraph and Messenger and r«rro and Home bmi. Weekly Telegraph and Messenger and Farm and Home 5 00 ontfcem Christian Advocate with Weekly 5 Oo irke'a Weekly 4 00 400 2 00 3 00 150 4 00 [For the Telegraph and Messenger. Ode to the Stars. B t r.EV. B. JOHNSON, MACON, OA. .tratdifirea from the citadels of Heaven, iver Earth a darkened tents high vigil keeping; e mrk God's mighty camp above, and tefl noner—the Lord of Hosts—and Love unsleeping, toft proud arithmetic essays in vain onaipTonr numbers; Science furls her wings npreeaed with Gloiy! Infinite beyond throng the depths of space with mystic splon- doiings. nth hath Us histoty; its storied lore icords its loves, its triumphs, its decay, a Bards can vivify what is no more. s lvres give life to its sepnlcbral day. uur histories, their trailing grandeurs all; our nanus—unknown1 this only, that aflame nth slorions scorn, ye watch onr destimes, tab o'er om guilt, and beam derision onour fame! wtetioue stars! on yonr unaltered faces he pale Magicians looked of old, and hoped e read the Future: culled in their dark places, heir poieccous weeds, and wandered, doubted, groped. r vonr cold beams led on. I crave but this, ! pivination’s power indeed ye wear, el! me, prophetic Stars, is tbere a bliss above, .Hgb to compensate for lights of Life quenched here? Eger's blind turbulence; insultant pride, nd vengeance stamping on its bleeding foe; ‘morse! by which the heart-springs all are dried, Lick fr. alien man's drear pilgrimage below, a be tenants of a clime so fair ? jotts that T.tan-Fas sion’s dire control, kickwritliing in its bed of flame, dethrones te mountain mind, and makes an iEtna of the soil? old, ye fought with God! defending high h* Eternal order of his Holiness! er the wide Ages flashed yonr herald fires, Word and Sky— twin firmaments of Grace! nth's wisdom rose and followed on yonr Light! ink's I’escs was sealed with Heaven’s own Bla zonry, cd still, ye speak of kings, and powers to come, leading Creation's morning-hymn with Christ’s Eternity! Fbe stars shall fallfor God shall gather back com yon dismantled skies, bis glories all; save’n claims theeo jewelled splendors for the crowns f starry cools at Christ’s high Festival. Iierefore, above tbe Cross yo ep&rklonow, wait its triumphs and reflect its Peace 1 b! fill me with the radiance of this Hope; elp mo, ya stars of God, to reach and wear tbis bliss. love lo contemplate your thronging ranks, cd feel my smallness; and as on my gaze fckt-s yonr Archipelago of Light, ntk vanishes before tbe inspiring blaze! mess misty veil awliile seems drawn aside, nd there above the darkening thrall of Sense, s stand—the chronicles of Power Divine— in's sceptic ken to guide to God’s Omnipotence. ecisions or Hie Supreme Court of Georgia. tUVEEID AT ATLANTA, TUESDAY, AUGUST22, 1871. wn the Atlanta Constitution.) JohnT. Wilhs, sheriff, et at., vs. John P. enderson. Rule vs. Sheriff, from Early. HcCar, J.—Where certain lands were levied iasthe property of the defendant In fi. fa., rite filed an affidavit of illegality, setting up at the lands were the property of a partner- ip company, of which ho was a member, and so a claim to tho lands in tho name of the utierehip: Uth}, That under section of the Code * assets of a partnership, including lands, * pwtnership being for tho purpose of farm- S. are not subject to levy and sale under a %»env against one of the partners. •• The interest of one partner in the assets : the partnership must be pursued by a gar ment against the firm, and the Sheriff was it gnilty of a contempt in receiving the effi- mt of illegality and the claim, and, and stay- flic proceedings. Judgment reversed. “• Sims, for plaintiff in error. “■ Fielder, for defendant. F i. Demington for the heir ofR. B. Carrier, u D °°Slass. Complaint, from Randolph. _«cy*T, J.—Where a suit was pending on a omissory note payable to A only, and the suit •»ia the name of A for the use of B. That C, who was tho true owner of tho '•«, and who contracted the case, might make -* affidavit that all legal taxes duo on tho note rikeen paid, as required by the act of Octo- »13,1870. ■■ That it was proper in O’s application to ^mit tbe declaration to be amended by strik- f ®*t B's name as used and inserting the name judgment reversed. »<wiT. Clark for plaintiff in error. *• L. Douglass, H. Fielder, for defendant. * A. Ilawson vs. Charles R. Burke, and *• A - Kawson vs. H. M. Jenkjns. Dismissal Vf* act of October 13, 1870, from Stewart. «!»*’ ?—An affidvavit by the plaintiff in a Ming suit on a debt contracted before June, , > *hich affidavit states that all legal taxes Argabla bylaw In tho debt have been paid for 4 yew since the making of tho debt, is a MUntial compliance with tho act of October 7°. though the word “duty” Is omitted. 'Mgment reversed. ^T. Watts, John T. Clark, for plaintiff in dckdani T ° C ^ 0r ’ ^ograham & Crawford, for Kraton, administrator, vs. Jno. B. Mnl- Wi from Early. . J-—This was an action brought by Plaintiff against tho defendant on a common ,****4. From tho written submission of iis i in controversy between tho parties J™tffll whether any other matters were i.i to *1*6 consideration of the arbitrators u by them than tho validity of tho m the plantation and stock thereon, and i of tho plaintiff as agent of the de- ilT-tpnor to the sale. Tho award of the /‘rotors is, that the salo bo set aside and that u;,, L and equitable that tho defendant should t.], ‘oo Property sold by him lo the plaintiff, f is * tae defendant should pay to the plain- roo sum of *1,800. On the trial of tho J-. ^.Pcafed that the plaintiff was in pos- y.ay property as the agent of the de- * Ti i . timo of the pretended sale there- iimiff k j n ^ ant offered to prove that tho Urd • , not cooopUed with the terms of tho jji, * n turning ovc-r the property which was rivii ? c , 5sion63 iko agent of the defendant, lick claimed under the pretended sale, art . ce > 80 offered, was rejected by the f nra i ar y found a verdict for the plain- charge of the coart as to the con- * trio" 011116 awar3 i and a motion for a **s overruled, and the defendant ex- I That the award was conclusive as to is dnnS# 8 ?!? 111 ' 116 ? to tbo arbitrators, but as uonhifnl from tho terms of the submission sseil ,“alters were aubmilted and u upon by the arbitrators, tho court should Held also, That it was competent for the de fendant to have shown on the trial, that the plaintiff had not complied with the terms of the award In turning over to the defendant all tbe property which he pretended to have purchased, and which the award authorized the defendant to retain; inasmuch as that would hot have im peached the award, but would merely have shown a non-compliance therewith on the part of the plaintiff. Judgment reversed. J. E. Bowers, R. A Clark, for plaintiff in error. Sims & Crawford, Hood & Kiddoo, for de fendant. E. McDonald & Co., vs. H. G. Faegan, Sher iff. Bale against Sheriff, from Stewart. Wabneb, S.—This was a rule against the Sher iff calling on him to show cause why he had not made the money on certain distress warrants placed in his hands, issued by a Justice of the Peace to enforce a factor’s lien under the 1977 section of the Code, the amount of each being less than one hundred dollars. The Court re fused to grant the rule against the Sheriff on the gronnd that the court had no jurisdiction to role the Sheriff on such claims. Held, That under the Constitution, the Supe rior Court has concurrent jurisdiction with the Justices’ Courts in all civil cases where the amount of the debt claimed is less than one hundred dollars: Held, also, That under the provisions of the Act of 1870, when an execution has been issued by a Justice of the Peace to enforce a factory lien for a sum les3 than one hundred dollars, the same may be levied by any sheriff of this State, or bailiff, on the property of the defend ant snbject to such lien, and when placed in the hands of a sheriff, he may be ruled in the Su perior Court for his neglect of dntyin failing to execute the same. Judgment reversed. Jas. Kiddoo, for plaintiff in error. Beall & Tucker, for defendant. J. K. Haygood vs. Easley & Rice. Com plaint from Randolph. Wabxeb, J.—This was an notion brought by the plaintiff against the defendants on a prom issory note. The defendants moved to dismiss the plaintiff’s suit on the ground that he had not filed an affidavit that the taxes had been paid on the debt, as required by the Act of 1870, the plaintiff being a non-resident of the State. The court dismissed the action, and the defend ant excepted. Held, That inasmuch as the plaintiff was a non-resident of the State, that there was no tax due by him on the debt which he was bound to pay. Judgment reversed. Jno. T. Clark, for plaintiff in error. W. Harris, H. Fielder, for defendant. H. L. Nelson vs. M. G. Stamper, el al. Complaint from Terrell. Wabneb, J.—This was an action brought by the plaintiffs against the defendants on a prom issory note, to which the defendants filed their plea, alleging that the consideration of the note was negro slaves. Tho court examined a wit ness as to that fact, and dismissed the case for want of jurisdiction without submitting it to the jury: Held, That os the defendant’s plea made an issue of fact as to the consideration of the note, that question soould have been submitted to the jury, and it was error in the court to decide on the facts and dismiss the plaintiffs. Judgment reversed. Hines & Hobbs for plaintiff in error. Wooten & Hoyle, for defendant A REMARKABLE STORY. Tiro Hnnilreil Skeletons or Anaklm In Caynera Township—A Singular Discovery —Some Remains of the Giants That Were In those Days. Correspondence Toronto Telegraph.] Oattga, August 21. — On Wednesday last Rev. Nathaniel Wardell, Messrs. Orin Wardell, (of Toronto), and Daniel Fredenbnrg, were dig ging on the farm of the latter gentleman, which is on the banks of the Grand River, in the town ship of Cayuga. When they got to five or six feet below the surface a strange sight metthem. Piled in layers, one upon top of tbe other, were two hundred skeletons of human beings nearly perfect—around the neck of each one being a string of beads. There were also deposited in this pit a number of axes and skimmers made of stone. In the jaws of several of the skele tons were large stone pipes—one of which Mr. O. Wardell took with him to Toronto a day or two after this Golgotha was unearthed. These skeletons are those of men of gigantio stature, some of them measuring nine feet, very few of them being less than seven feet. Some of the thigh bones wero found to be at least half a foot longer than those at present known, and one of the skulls being examined, complete- ly covered the head of an ordinary person. These skeletons are supposed to belong to those of a race of people anterior to the Indians. Some three years ago .the bones of a mastadon were fonnd embedded iu the earth about six miles from this spot. The pit and its ghastly occupants are now open to the view of any who may wish to make a visit there. LATEU. Dunnville, August 22.—There is not the slightest doubt that the remains of a lost city are on this farm. At various times within the past year the remains of mud-houses with their chimneys had been found; and there are dozens of pits of a similar kind to that jast unearthed, though much smaller, in the place whioh has been discovered before, though the fact has not been made public hitherto. The remains of a blacksmith’s shop, containing two tons of char coal and various implements, were turned up a few months ago. The farm, which consists of 150 acres, has been cultivated for nearly a cen tury, and was covered with a thick growth of pine, so that it must have been ages ago since the remains were deposited there. The sknlls of the skeletons are of an enormous size, and of all manner of shapes, about half as large again as are now lo bo seen. The teeth in most of them are still in an almost perfect state of pre servation, though they soon fall out when ex posed to the air. It is supposed that there is gold or silver in large quantities to be found in the premises, as mineral rods have invariably, when tested, pointed to a certain spot and a few yards from where the last batch of skeletons was found, directly under the apple tree. • Some large shells, supposed to have been used for holding water, which wero also fonnd in the pit, were almost petrified. There is no donbt that were there a scheme of exploration carried on thoroughly the result would be highly inter esting. A good deal of excitement exists in the neighborhood, and many visitors call at the form daily. The skulls and bones of the giants are gast disappearing, being taken away by cu riosity hunters. It i3 the intention of Mr. Fredenbnrg to cover the pit up very soon. The pit is ghastly in th8 extreme. The farm is skirted on tho north by tho Grand River. The pit is close to the banks, but marks are there to show where the gold or silver treasure is sup posed to be under. From the appearance of the sknlls it would seem that their possessors died a violent death, as many of them were broken and dinted. The axes are shaped like tomahawks—3mall, but keen instruments. The beads are all of stone, and of all sizes and shapes. The pipes are not unlike in shape the cutty pipe, and several of them are engraved with dogs’ heads. They have not lost their vir tue for smoking. Some people profess to be lieve that the locality of Fredenbnrg Farm was formerly an Indian burial plaoe, but the enor mous stature of the skeletons, and tbe fact that pine trees of centuries’ growth covered the spot, go far to disprove tbis idea. A bustio couple presented themselves before a Detroit jnstice the other day aB candidates for matrimony. Each was duly “sworn in," when they immediately purchased a quart of peanuts and a huge gingerbread, and seating themselves cn the curbstone, devoured the whole before they left. , : :o eeaik isq io. « juegena. {X7V7.) \Bret Harte, in the Atlantic Monthly for Sept. I They ran through the etreet of the seaport town, They peered from tbe decks of the ships where they The col/eea-fpe that came whitening down Was never as cold or white as they. 1 ‘Ho, Starfcuck and Pinckney and Tenterden! Bon for your shallops, gather your men, Scatter your boats on tbe lower bay.” Good cause for fear 1 Iu the thick midday The hulk that lay by the rotting pier. Filled with the children in happy play, Farted its moorings and drifted clear. • Drifted clear beyond reaoh orcall— i . Thirteen children there were in all— All adrift in the lower bay! Said a hard-faced ekipper, “God help us all! She will not float tUltne turning tide!” Said his wife, “My darling will hear my call, Whether in sea or Heaven she abide.’’ And she lifted a quavering voice and high, mid and strange as a sea-bird’s cry. Till they shuddered and wondered at her side. The fog drove down on each laboring crew, Veiled each from each and the sky and shore. There was not a sound but the breath they drew, And the lap of water and creak of oar; And they felt the breath of the downs, fresh blown O’er leagues of clover and cold gray stone, But not from the lips that had gone before. They come no more. But they tell the tale That, when fogs are thick on harbor reef. The mackerel fishers shorten sail, For the signal they know will bring relief— For the voice of children, still at play In a phantom hulk that drifts away Through channels whose waters never fail. It is but a foolish shipman’s tale, A theme for a poet’s idle page, But still when the mists of doubt prevail, And wo lie becalmed by the shores of Age, We hear from the misty troubled shore The voice of the children gone before, Drawing the soul to its anchorage. Decisions ol tbe Supreme Court ol Georgia. DELIYEBEB AT ATLANTA, TUESDAY, AUGUST22,1871. From the Atlanta Constitution.] South Carolina Railroad Company et. al. vs. H. H. Steiner et. aL Injunction from Rich mond. Lochbane, 0. J.—We hold from the facts dis closed by this record that equity may take ju- risdiction by bill in tho nature of a bill of peace, under section 31GG of the Code, and bring all the parties, plaintiffs and defendants, into the forum, and adjust their equities and several rights by one decretal verdict, and the inquiry upon the truth of such case, to cover, not only their past, but future damages, so as to stop al! future or further litigation in or about the same snbject matter, and operate as a complete in* vestituro of the legal right, free from further claim of damages to the railroads in their use of Washington street Augusta, for railroad pur poses, by steam power, within the legitimate scopo of the legislative right granted to them upon their compliance with the verdict: Held, That the act of tho municipal authori ties, sanctioned by the Legislature, gives to the railroad companies the right to use the street in controversy. But tho failure by tho Legisla ture to provide for the assessment of damages, by way of compensation to tbe property owners on said street, does not tako away tho right of the party to his suit at law for damages under section 2G92 of the Code. Held again, That while the use of a public street may be granted to railroads to lay bars of iron on to run over with trains, without-endan gering the street by obstructions or embank ments, yet if the use of locomotives inflicts in jury upon those who live on the street, by throwing smoke through tho honses along the streets, or by its weight shaking them or break ing the plastering or walls, etc, and by the noise and screeching of whistles and engines, the legislative right to run over the street does not make such acts harmless, and tho injury in flicted upon the legal rights of the parties is not damnun absque injuria. Upon the trial the rale of evidence shonld be limited to actual damage, the right to use the street with reason able obstruction in the passage of trains is per mitted by law, and is not an element of damage, nor is tho jolting over the iron rail an element, nor the apprehension of the safety of children, nor are possibilities in cases of sickness, nor any inconvenience to visitors not obstructing ingress or egress, nor any fanciful or speculative damages, or sentimental injuries elements of damage. Bat the damage which the law re cognizes must be actual, tangible and determin able by proof, and the depreciation of the pro perty not only from obstructions to access, but by smoke, and injury to walls, etc., and trace able as effect from cause and the like may be inquired into to form the total of the injury. _ Judgment affirmed so far as equitable juris diction is sustained and tbe suit at law enjoined and reversed a3 to the conditions required to be filed in writing. Judgment affirmed. Wabneb, J., concurring.—The respective railroad companies,-with the consent of the corporate authorities of the city of Augusta, and under tho provisions of the acts of the General Assembly, have the right to run their respective railroad trains by steam power over their track in Washington street, without being liable as trespassers for so doing, and without being lia ble to have their rnnning trains over and along said street abated as a nuisance, because they have the license of the General Assembly of tho State, and tho city authorities, to do so; bnt the injury and damage done to the owners of prop erty on that street by the running of the trains of the respective railroad companies, is another and distinct question. What are the legal rights of the owners of lands and tenements on Wash ington street?- The owners of lands and tene ments on Washington street are entitled to have andenjoy all the rights and privileges which le gally appertain thereto, incorporeal as well as corporeal; for when the law doth give anything to one, it giveth impliedly whatsoever is neces sary for enjoying the same. If the railroad companies by permission of the public authori ties, have located their road on the public street of the city, and have invaded any of the legal rights of the owners of the lands and tenements on that street by hindering, obstructing, or dis turbing them in the regular use, and lawful en joyment of the same, then the owners of such lands and tenements are entitled to recover such damages as they have actually sustained by such invasion of their legal rights to tbe enjoyment of their property, although’ the railroad compa nies may not have located thoir road on any salt of their property. The invading, hinder ing, obstructing or disturbing them in the reg ular use and lawfal enjoyment of their proper ty, is an interference with their private legal rights to that property, and to that extent is the taking of private property for the public use, for which just compensation should be made; not imaginary, speculative, compensation, but compensation for the actual damage sustained by the invasion of theirprivate legal rights to the use and enjoyment of their private property tesnlting from the location and use of the rail- mng trains thereon; such gross injustice and violation of the fundamental law of the State, cannot be imputed to the Legislature, the more especially, as there is nothing in the aot, from which any such intention can reasonably be in ferred. Do these acts—acts of the City Conn oil of Augusta and of the General Assembly, either especially or all combined together—deprive the owners of the lands and tenements on Wash ington street of their common law rights to sue for and recover damages actually sustained for the invasion or disturbance of the use and en joyment of their private property on that street for the benefit of the public ? In my judgment they do not. A court of equity iuthis State has jurisdiction to entertain a bill to avoid a multi plicity of suits in favor of or against several persons for the establishment of a right subject to legal controversy. The allegations in the complainants’ bill make a proper case for the exercise of the equitable j urisdiction of the court. MoOay, J., dissenting.—When a railroad track is laid down in the streets of a city by au thority of the Legislature and the permission of the city authorities, and the same is so con structed as not to obstruct the free egress and ingress of the adjoining lot owners to and from their lots, and the fee to the soil of the street is not in the lot owners bnt in the publio, there is no taking of private property for publio use. 2. Any depreciation of the property on the street caused by the ordinary use of the track so laid down, even though that use produce noise, danger, delay in crossing, eto., does not famish ground either for a claim for compensa tion, or for an action for damages. Property holders on a street in a city, not the owners of the fee in the soil of the street, have bought and hold their property subjeot to any use of the street for passing and repassing the Legislature and the city authorities may, in their wisdom, permit. That a city street shall not become a thoroughfare, and from noise and dnst and the danger ofpassing vehicles, intelli gible as a private residence, is not a right of the lot owners on the street, and no action lies in their favor against those wheieby permission and authority of law so use it. W. T. Gould, W. Hope Hull, Johnson & Montgomery, D. Jackson, Frank Miller, for the railroads. Hook & Gardner, McLaws & Ganahl, C. Snead, Clark & Spencer, for lot owners. Senatorial Nomination. Tho Secretary of the Convention held yester day at Forsyth, to nominate a candidate for the 22d Senatorial District for the present unex pired term, furnishes us with the following pro ceedings. It will be seen that our most worthy townsman, CoL T. J. Simmons, received the nomination by acclamation, and in thus honor ing Col. S., tho Convention honored itself. The Colonel is a young representative man, full of lusty life, able and discreet. He was sent to the Convention of 1865 from Crawford county, and after the adjournment of the Convention was elected to represent the 23d Senatorial District in the Legislature of 1SG5-6G. - We be lieve that ho will bo agaiu elected by a large majority: Poasrra, An (rest. 30, 1BV1. The Convention of the Denzocratic party to nominate a candidate to represent the 22d Sen atorial District for tho present unexpired term, met at this place at 11 a. ii. to-day. Upon mo tion of L. A. Ponder, of Monroe, T. G. Holt, Jr.’, of Bibb, was elected Chairman, and B. Y. Reid, of Pike, Secretary. On the call of counties the following list of delegates was reported: Bibb—T. J. Simmons, J. H. Blount, T. G. Holt, Jr., C. D. Findlay, R. W. Cnbbedge, C. M. Wiley. Monroe—R. G.’ Anderson, J. T. Crowder, L. A. Ponder, T. J. Fletcher. Pike—E. H. Bloodwortb, R. V. Reid. Upon motion of J. H. Blount, each county was allowed double the number of votes to which it was entitled in the lower branch of the General Assembly. Upon motion of L. A. Ponder, it wa3 re solved that a two-thirds vote should be neceS' sary in a choice of candidates. It was declared to be the sense of the Con vention that Pike county was entitled to the nomination; bnt owing to local issues tho dele gation from that county waived the privilege, and asked that Bibb county be requested to present a name to the Convention, charging the term to Pike. Monroe acquiesced in the prop osition, whereupon J. H. Blount, in behalf of the Bibb delegation, presented the name of T. J. Simmons, of Bibb. On motion of R. G. Anderson, T. J. Sim mons of Bibb, was nominated unanimously by acclamation. T. J. Simmons having been in troduced to the Convention by a committee, ac cepted the nomination in a brief but graceful address. Upon motion of J. T. Crowder, it was ordered that the proceedings be published in the papers of tho district. Upon motion of J. T. Crowder, the Conven tion adjourned. T. G. Holt, Jr., Ohm’n. B. V. Reid, Seo’y. Crops in Scliley Connfy. Ellaville, Ga., August 28tb, 1871. Editors Telegraph and Messenger: As yon manifest a deep interest in agriculture, you will, doubtless, be pleased to hear a word about the crops. Com crops, wherever well manured and cultivated—low grounds and exhausted sand hills excepted—are superior. Drought damaged a small part of the crop. Guano applied to cotton last year, has greatly benefitted corn this year. A severe drought, beginning about the 10th of July, and continuing to tho 20th of this month—tho period during which most of the cotton crop is made—has, with-many other causes, greatly reduced our cotton crop. This drought, however, was not general. Less gnano was used and less land planted. My opinion, therefore, is that not more than two-thirds of a crop will be made. 1 agree with yon that Toombs will not be able to influence many Georgians in the coming na tional election. It would have been well with ns had he remained in Enrope. Crvis. The Combination Against Cotton.—Mr. Local: I read your remarks Sunday morning upon this subject with pleasure. In the teeth of the poorest prospects known in twenty years the New York and Liverpool “Ring” orowda it down; and I think Grant’s man, his head of the Agricultural Bureau, is one of the high con tracting parties in that “ring.” Everybody connected with Grant’s administration, from himself down to the little whipper-snapper rev enue collectors, hate the South and the South ern people; and hence it is nothing strange or unnatural to see his Agricultural Bureau publishing lying statistics in regard to the grow ing cotton crop. It is the policy of that ad ministration to do us all the harm it can. The President and all his army of under-strappers „ aro gangreened from skin to bone with hatred road by the respective oompanies for the benefit' for ns, and hence aro ready to lend a helping of the public. If the General Assembly, in the ; hand lo the gamblers in swindling ns out of exercise of its right of eminent domain, shonld this crop. But wo intend to give them a fight pass an aot for the taking of private property for for it. My advice to the planter, therefore, is public use without providing any just compen- to sell just enough to meet all and every com- sationtherefor.theactwouldbeunconstitutiona!, meroial obligation and hold the' balance for in violation of the fundamental principles of the twenty-five cents per pound. Yon will get it law as the same has existed from magnet charta before next Jane. Red Cloud. to the present time. Where no provision is made EDITORIAX CORRESPONDENCE. News from Southwest Georgia. OUTHBEBT, August 29, 1871. Your! correspondent left ilaoon by the night, train to Eufanla on Friday, tbe 25th instant. The’day’had been-showery, with tight winds from the east. Soon after night-fall, however, a regular gale Bet In, and the wind blew in ven omous puffs, accompanied by a deluge of. driv ing rain. The locomotive struggled along with its heavy appendage of 20 oars, and the passen ger coaches fairly reeled and trembled before' the power of the blast. On the steep grade near Fort Valley, owing to the difficulty of generating steam in such storm, we were forced to move forward by con vulsive jerks for a few feet at a time, and then dap on the breaks, make more steam, and re peat the operation until the summit was at tained. The conduotor, Mr. Harris, and all the em ployees of the road behaved admirably, faeing rain and tempest without hesitation, and mak ing super-human efforts .to keep np to schedule time, despite the inky darkness of the night, and the storm whioh raged and raved so fearfully. A tunny scene on boabd. In the midst of the savage conflict of the ele ments, we witnessed an amusing incident on the cars. A certain genial and clever represents tive of Uncle Sam, whose pockets were stuffed, not with Kimball, or any other white trash, bnt genuine orthodox green, having taken a social glass composed himself to sleep, soothed by the mnsie of the spheres, and was soon happily ob. livions to the sheeted lightning and heaven’s “dread artillery.” In the midst of his peaceful slumbers, a mer ry wag proceeded with astonishing celerity to rifle the pockets of tho unconscious official, plucking him as clean as some of his more noted brethren had denuded the State Treasury at Atlanta. Several hours afterwards an innocent passenger asked onr generous friend for a loan of a few dollars. This induced an examination of his finances and the “murder was out.” After a brief enjoyment of his consternation the whole joke was explained. EFFECTS OF THE STOBM. When the day dawned, the cotton rows in level fields were brimming with water, or resembled miniature cascades where the ground was bro ken. Mother Earth for once had had her . fill, and was thirsty no longer. . Large numbers of forest trees were also uprooted. Corn having been deprived of its blades still stood np and is uninjured, save in low lands and creek bottoms. Wo have nothing new to report concerning the cotton crop, save the rapid increase of rust. The crop will be most lamentably short. NEW BAILBOADS. It is nnderstood that the grading on the Bruns wick and Albany road will be completed to Outh- bert by t*»«> of October. Tiro Iron winch has been purchased so fur, is of sunerior quality. B AINEBIDGE, OUTHBEBT AND COLUMBUS BAILEOAD. The location of this road from Cuthbert to Lumpkin has commenced, and a site has also been purchased for the depot of the two roads on College street, and a large force are now en gaged in grading the same, preparatory to the erection of the buildings. Some dissatisfaction is expressed os to theronte selected through the city,but it is to be hoped that such modifications will be made as will be satisfactory to all. No favoritism should be shown iu the premises; and, indeed, a town meeting shonld be called and a free consultation take place between.the engineer corps and the citizens on this important question. We believe CoL Schlatter is willing to assent to this. tia -. ;o fa A SPECK OF TBOUBLX. It is currently reported that tho Central Rail- Toad is about to take measures to prevent the crossing of the Southwestern Railroad traok by the Brunswick and Albany Road. They con cede the right to the Bainbridge Cuthbert and Columbus Road to do so,, as it runs north and south, but deny that a parallel tine can claim a similar privilege. We are not posted as to who is right. r A NICE QUESTION TO DETEBMZNE. Rumor has it that the two roads, both of which are under the management of Mr. Kim ball, will be merged into one from a point seven miles southeast of Cuthbert, known as Carter’s The Gbaphio.—Brown & Co. send U3 a copy of the magnificent Scott Centenary number of in the Aot of the General Assembly for compen sation, as in this ease, the owner of the private may stand upon all his legal rights, as secured t ceived by them. It is made up of illustrations to him by tho fundaments laws of the land. ; of some of the most striking incidents set forth ! in Wavetleynovels, aswellasof Abbotsford, 4i), Coo© 2,9C— . It will not go. to ssy th&t db* ; i i a. v. q •, . . . . cause the City Council of Augusta granted per- • Drybnrgh Abbey where Scott is buried, Melrose mission to the railroad companies to locate their 1 Abbey, Holyrood Palace and various household road on.aj>ublic street in that city, which was relics; of the great novelist. It? contains, be- notified and confirmed by the General Assembly, B ;aeg the most graphically written hiographi- 1C.I .ketch that.. lav. mi.a.nb.r.ut. ceive compensation for the damage done to their shines even our expectations, and would alone private property by the use of that road in inn- make the reputation .of any paper. -. wel Mill, and then diverge again, the one to Eu- faula, and the other to Lumpkin, near Spring- vale, eight miles north of that city. This would give fifteen miles of road in common. But the Lumpkin branch will be a narrow guage. This can be obviated, however, by laying three rails so as to accommodate both guages. But now comes the point. Can Mr. Kimball draw from the State Treasury $23,000 per mile on this fifteen miles of broad gnagefor the Albany and Brunswick Company, and then secure $12,- 000 on the same space for the Bainbridge, Cuthbert and Columbus enterprise ? Again, if the latter road is to be a narrow guage, thus greatly diminishing the cost of construction, is he entitled to draw the full amount voted by the Legislature, whioh was designed for the more expensive or broad guage method? These questions are pertinent, and if the above re ports prove true, will require to be satisfacto rily answered. ANDBEW FEMALE COLLEGE. President MoGehee announces the following able corps of teaohers for that institution: In the literary department, the President, Profes sor McNulty,A. H. Flewellen, Esq., and Misses Bettie Price and Eudora Moore. • The musio will be in charge of Mrs. Russelland Mrs. De Jarnette. The ornamental branches will be tanght by Mrs. R B. Lester and Miss Lester. Mrs. Tyson will aot as stewardess, and Mrs. J. B. McGehee and Mrs. A. H. Flewellen as mat rons of the boarding department. ; We learn that the prospects of this favorite seminary were never more flattering. Mr. Mo- Murray’s school for boys is also in successful operation and daily increasing. On the whole, the beantifnl tittle city of Cuthbert has a bright prospect before it, and will really be one of the most important railroad centres of the State. J, Mr. H. D. Cbaio, late general agent of the New York Assooiated Press, is said to have per fected his new system of telegraphy, to the de velopment of which he has been devoting his time and means for three years past, with re sults that can hardly fail to effect an entire rev olution in telegraphy, by reducing its dost to a rate very little above the cost of postage. It is claimed that by this new'automatic system it is perfectly practicable to transmit, with absolute' accuracy, over a single wire, more than sixty thousand words an hour—a speed more than sixty times greater than by any of the systems now in use. Telegrams whioh, under the Morse system now cost several dollars will, it is said, be reduced to a comparatively few cents, which if true, will make its value almost inestima tJe to the press, the mercantile community, and the publio at large. j The Legislature of New'Hamp*fi»r® has piss ed an aot compelling every p»rent or guardian to send his ohild to a public school for twelve weeks eaoh year. For weeks at least the schooling must be continuous. The first viola tion of this aot is punished by a fine of $10; the subsequent violation by a fine of $20. . A man wbo married a buxom Irish girl, greatly to the horror of his mother and sister, made tho following defence :> “If Y married ah Ameri can girl I must have an Irish girl to take care of her, and I cannot afford to support both of them.” : Romantic Amelia-'(to her betrothed young doctor)—" Lock, dear, such a beautiful sunset 1 The sky is all crimson.’’ Ltoromantfc doctor— “Ya-as—appears to have had a mustard plaster A Woman’s Execution, Paris, May, TL BY BDWABD NINO. Sweet-breathed and young— Tbe people’s daughter: ! . - No nerves unstrung— Going to slaughter! I lo e/CYj: ''’rl:od ♦aar-'iif- 3 a 11 " '- ' L “Goodmorning, friends! _ , 1 i.. You’ll love us better— * Hake ns amends; j j.j .. We’ve burst your fetter 1 ; “How the sun gleams! (Women are snarling;) Give me yonr beams, . ’ . j - liberty’s darling! “Marie’s my name— Christ’s mother bore it 1 That badge ? No shame: Glad that I wore it I” (Hair to her waist; Limbs like a Venus; , Robes are displaced;) “Soldiers! please screen ns 1 ‘ “He at the front ? That is my lover; ■ Stood all the brunt; Now the fight’s over 1 “Powder and bread Gave out together. Droll! to bo dead In tins bright weather 1 Jean, boy! wo might Have married in Juno 1 This the wall? Bight 1 Vive la Communel” ' • Scribner's for September Foreign Notes. (l-BEPABED FOB THE TELEGBAPH AND MESSENGER.) Unless we are greatly mistaken, Thiers will not remain mnoh longer at the head of Fzenoh affairs. He has failed to convince the nation of his administrative ability, and the land is grow ing impatient of his role. Moreover, Thiers is 1 very irritable and nnable to bear any opposi tion; and, considering himself indispensable, he will always threaten to resign whenever tho majority of the Assembly dareB to hold a differ ent opinion. The authorities, having discov ered that the National Guards are strongly im bued with Socialistic principles, a motion was introduced to disband them. Thereupon arose a violent debate. Thiers asserted that only a portion of the National Guards were unfit to bear arms, -while the Right, violently interrupt ing him, insisted on their immediate disband ment. The Chief of the Executive replied an grily, and finally said “it was evident he had lost tho confidence of the Assembly, and that he knew what to do.” A compromise at last was made, General Dncrot proposing a gradual dis bandment, whioh measure was adopted by a vote of 487 against 164. If, hitherto, there was no man to take Thiers’ place, Gambetta is be ginning again to play a part in French politios, and likely to succeed him before long. Gam betta intends to propose a dissolution of the present Assembly on the gronnd that it was only elected to make peace with Germany. Surely, no true patriot would regret this step, the pres ent legislative body having shown itself utterly incapable of dealing with the great questions which will involve the future of France. A league has been formed inParis for the de liverance of Alsace and Lorraine from the Ger mans. Count Waldersee, the German ambaa- saaor; having complained to Count of Remusat, of the existence of a society for that purpose, the minister replied that such a league was ille gal and shonld be disolved. The rising in Algiers still continues and the situation appears to be much graver than the Frenob press represents it. The very latest reports state, somewhat con fusedly, that Thiers had presented hi3 resigna tion ; but it seems that he had written his letter before General Ducrot’s amendment was intro duced and will, probably, withdraw it. A correspondent of the Vienna Presse gives a description of Prince Bismarok’s estate at Var- zin, from whioh the following is an extract: “After a long journey through the arid and sandy plain the beechwood, on whose borders Varzin is situated, breaks suddenly npon the view of the traveler with its cool and refreshing shade. The village has nothing to strike our fanoy. Leaving it to our left, we climb a hill, and, having passed between the cow sheds and bams, reach the court of the country seat which the German Chancellor has chosen for his favorite retreat. It is a simple dwelling house, neither better nor worse than those of the lorded gentry of the district. It seems as if no one had been bold enough to attempt to rival the attractions of the park behind the house. Kew does not surpass it in beauty, nor do Tarcy or St. Germain equal it in grandeur. It was this park which induced Bismarck to purchase Varzin. Close behind the house the undulations of the soil begin; the park gradually merges Into the wood9, and forms with them one broad green ocean of foliage, whioh seems here and tbere broken into forest waves. Grand beeches, anoient oaks, pines, firs and birch trees lend variety to the view, In the midst of this land scape lies the estate. Its soil is neither very good nor very bad; it produces average har- vests of rye, aud the Baltic sand, the bane of the husbandman, only shows itself at intervals. Such pieces of ground have long Iain fallow. It takes six hours to drivo round the estate. The Wipper flows through a part of the domain and forms its boundaries iu other plaoes. It adds both to its beauty and value, as the rapid stream, whioh is well stocked with trout, floats the tim ber of Pomerania to the Baltio. The Prince, it is said, only allows trees enough to be felled to let sufficient air and tight into his woods.” The Garmansliving in Moscow, Russia, have purchased a stud of three white horses for four thousand roubles to present them to Bis marck. The English Parliament has been prorogued. There was a meeting at Birmingham, at whioh resolutions were adopted, condemning the oourse of the House of Lords in the rejection of the ballot bUL Great misery is reported from Southern Hun gary, where, owing to a great negligence onthe part of tbe authorities, the dams have fallen into decay. Large tracts of land are inundated, and violent hail storms have destroyed what was spared by the flood. To add to the deplor able situation of the agricultural distrusts, the Government is displaying excessive severity in collecting over-due taxes which, in some in stances, exceed the value of property owned by the whole village. The Spanish authorities in Madrid have is sued four new warrants against persona sus pected of being concerned in the assassination of Prim. Oolouel Solis, adjutant of the Duke of Moatpensier, is Mao among thqm. The Dr£® himself, who is staying in Paris to eon** good graces of ex-Queen Isabella, has sn . m * moned as a witness. There was a -S'; 116 *? 1 °P in ' ion that the - army would be ho* 1 ^ 8 ‘ new ministry, Zorilla. the Prem«ri not being a man of arms, a very unusual **eng in modem bpamsh annals. Nothing, far, has confirmed this view, and a very^ispectable military paper de clares that a? long as the ministers would re spect the J*ws and govern with justice, they might e-unt upon the support of the army. Only a f e ,r staff officers, belonging to the union party, jj»ve resigned because the ministry is composed of progressists. Lopez Dominguiz, an adjutant of the King, had also resigned, but Amadeo re fused to accept the resignation, as it was un founded. His father, the King of Italy, he said, “had an adjutant who, having onoe voted against the Government, was prepared for an unpleasant remark on the part of His Majesty.” But the King Baid, laughingly: “Certes, you' must have angered my; cabinet very much.” An officer, Amadeo considered, ought not to bind himself to the fate of a party, and he hoped that shonld a different opinion prevail in Spain it would soon give way to a better understand ing. The new government is preparing to car ry out, energetically, its programme referring to the inviolability of Spanish soil. Gordova, minister of war, is organizing a corps of 5,000. men whioh shall soon sail for Cuba to conquer,” at last, the insurrection. The report that an attempt had been made to assassinate the King, originated in the arrest of a man, linking about the palace, who was The appointment of Justices of the Feaoa has been ordered tor the Lithuanian and south- western districts of Russia. The introduction i of trials by jury, however, will only place at some future time. Owing to the decree that, from next autumn, all lectures have to be de livered in the Russian language, the faoulty of the University of Warsaw will lose three prominent professors, Ohalubinski, R^>vdt» and Szokalski, having been unable to acquire the Russian sufficiently to lecture in it. The cholera is compelling the Russian authoritiee to s pay greater attention to the sanitary measures h whioh hitherto have been too neglected. It is a fact that in many cities, partly even in St Petersburg, corps s are not buried deep 11 enough under the ground; there is one plaoe, Kaljasin, where the stench of decomposing ' corpses is alwayB poisoning the air, because, (he grave-yard being filled, they will inter their dead in old graves on the top of the coffins buried previously, thus exposing the corpses 1 almost to the surfaoe. Borne Justices of the Peace in doing their utmost to abolish these abases and the press zealously supports them.. In the city of Rybinski, on the Wolga, where * J the cholera appeared very violent, Michalkow, *1 counselor of Btate and chief of the sanitairy commission, was fined himself by the Jostioe of the Feaoe, because he had grossly neglected to carry out the sanitary ordinances'of the author- : ities in his own house. Jabno. - nnable to give an account of • himself. EXTRAORDINARY STORY. A French Count and His Abode-Secret Springs and Murders Dire—Wonderful Experiments In Electricity. Correspondence St. Louis Republic an.] Pabis, July 15,1871,—The trials of the Com munists develop some startling phases of human depravity in this gay centre of the world of mode. In one of the most fashionable streets of the aristocratic Qoartier St Germain, dwelt a noble marquis, in whose veins thesame blood, blue as terrestrial turqnois or cerulean cloud, flowed, as once danced merrily through the veins of the first Bourbon King of France.. But French bullets find their way through the cuticle of the King’s descendants as easily as if it covered the carcass of the unwashed canaille of St Antoine. So one fine July morning a Government bullet from a Chassepot’s deadly tube found its fated home in the breast of the noble Gaul—and the useless months in Paris besieged were less by one, and the Academy lost one of its most gifted members. His house was of course searched for evidence to convict others, and the police discovered that here under their own protection, had lived for years, a being who had made of death a study, and who had treated murder as one of the fine arts. His house was a small one for the locality and detached from all others. He occupied two rooms on the second floor as a bed-chamber and library, and between the two was adonble wall, the space between which was utilized as closets, with doors opening into each room. Any one passing from one room to the other necessarily went through one of these closets. On the gronnd floor and directly underneath the bed room was a room communicating with the main street by an alley. This room was kept con stantly under lock and key by its custodian. While the officers of the law were searching the upper rooms, a gendarme stepped, into one of closets and at once found himself rapidly de scending and finally safely landed on the ground floor, room or dungeon. We oopy the follow- ing from the process verbal made by the ser geant in charge of the party to the inspector of . the district: The windows of tho lower room werebnilt np with brick, and by an ingenious contrivance the-door leading intothe alley was made to open from the outside into a passage way leading to another suit of rooms, while the real entmice from the alley consisted of a swinging door cut out of the solid wall, the bricks of which are held together by bands of iron encircling the whole mass, which swung upon a pivot. So in* genionsly contrived, and so skillfully was thM work, that only by chance was it discovered at all. The door leading from tho house into this den had nothing unusual inita appearance on t^e outside, but was in reality doable and of’ extra- _ ordinary thickness, and filled with sawdust thickly packed. This room was used by the count ostensibly as a lumber room, for storing disused property. On sounding the walls of d this dungeon, a large and deep closet was dis covered, constructed on the same plan as the outside door, of solid brick, and it would have escaped detection had not the door given our party the hint. The contents of this closet con sisted of a variety of tools used in the con struction and arrangement of the rooms, it be ing evident that the occupant had performed all this labor by bis own unaided efforts. (Here follows a schedule of the list or tools, among which are surgical instruments of every descrip tion, jars of chloroform and narcotics of all ;J kinds, and all the paraphernalia of a chemist’s laboratory.) A powerful battery for electrical or galvanic purposes, was found. The room was lighted by gas, to effect which he has actually tunnelled into the street, and tapped one of the main gas pipes, and then laid pipe of smaller calibre into the dungeon. By means of flexible tubing he was thus enabled to conduct the gas wherever he chose. These tubes and their burners were hidden in the closet. J But the most important and hideously inter esting object in the collection is a quantity of ■ manuscript, purporting to be a record kept by the count for several years of experiments made by himself in electricity and galvanism. It is well knowa that he has, daring the past four years, read several lectures upon these and kin dred subjects before the Academy, and has ad vanced some startling theories relative thereto. One of these papers, entitled “The Mechanism of Life,” procured for him a private and confi dential interview with tho Emperor. These manuscripts prove conclusively that their writer decoyed persons into his house on pretext of business, entertainment or some oth er sufficient excuse, and at a convenient mo- . ment the fatal step was taken, the trap was sprung, which consigned the victim to certain death. Most of the experiments ^eem to have been made with a view of restoring a sus pended animation, i. e„ r*rokng from the dead. Such is a brief and unadorned statement, the gossips call to mind numerous oases of mysteri ous disappears! 1 ^ 8 , but not a breath of suspi cion has c~r attached to the Count The neighborhood of tho house is now thronged w ith mose who delight to “sup on horrors mul- /- taxied,” and these retail to new comers, and to one another, exaggerated statements. of the facts. The above I have obtained from police headquarters, and from a visit to the house itself in company with the prefect. Judging Soil by Tuibeb.—Almost any one knows that the quality or soil may in a great measure be determined by the timber which grows upon it, bat of the exact nature indicated by the primitive trees, people are not so well posted. Mr. B. Smith, of Fatmos, Ohio, writes to the New York Farmer’s Club of this matter; and says that white oak land is poor; that red oak and soft maple also indicates poor land; that shell-bark mostly grows in cold, wet laud ; that flat beach and sugar lands are good for summer crops and grass, bat not for wheat; that rolling beach and sugar lands where largo poplar and black walnut abound are fine grazing lands, and produce, when new, large crops of all kinds of grain except wheat, where it is winter-killed; that large white oaks and chest nut growing together, and black oak arid hick ory indicate a loose snbsoil; aud that lands where the water sinks into the subsoil are much the most valuable for grain; that a soil that will raise large crops of aU kinds of grain, and then olover and timothy, and after they ran out wifi oome in with green grass and white clover, ta tho best.—Country Gentleman. The old traditions about the Car of Jugger naut are apparently about to be extinguished. An eye-witness of the ceremonial says that the old stories are grossly exaggerated, that no vic tims are orushod, ana that there is no more orgy than may be witnessed at an English county fair.
