Newspaper Page Text
Telegraph and Messenger.
BgES.MA.CON, 00T0SCR 1° 18n -
The New YorK Democracy.
The World of Friday prints a broad sido of
extracts from the rural Democratic press of the
State to show that the Democracy of New York
will purge itself of the frauds of the Tammany
leaders. Let them do it without fear or doubt-
insr. Lot them “cry aloud and spare not.
Tammany, like the Phillistine Delilah, has
shorn the Democratic Sampson of his locks and
made him the sport of the men of Dagon.
Thieving becomes the Radicals, and nobody
looks for anything better from them. They
don't understand any other use for a govern
ment than to make money oat of it; and heuce
for all those that can’t get their bands directly
into the national strong box, there must bo pro
tective tariff bounties and fishing bounties and
all the other corrupt contrivances of class legis
lation. But a stealing Democracy is a mon-
Btrum horrendum—a misbegotten creature,
which all men should curso. We thank God
that, thus far, the South has never shown such
a thing as a den of Democratic thieves. They
may say what they will else, bnt they can t say
the Southern Democracy took to stealing. The
North now and then produced a Democratic de
faulter, but nevertheless the general and proud
record of tho party has been faithful, honest
and economical administration. Tho public
records so far show that tho Democracy as a
party have been honest. Let them maintain the
character by washing their hands of all knavery
wherever they find it.
Death of Dr. Donnell.
The announcement of this calamity, on Sun
day morning, came upon our people like a clap
of thunder in a clear sky. The sad event oc
curred so late Saturday night that there was
time only for a brief and abrupt announcement
for the morning’s edition. It is seldom, even
in tho catalogue of sudden deaths, that life is
terminated with so little premonition. Tho sum
mons found him apparently in improved health,
and hurried him away, a3 it were, in a moment,
with the utterance of but a singlo complaint of
pain. f It was but a step across the river. One
foot touched heaven’s threshold before the other
had fairly left the earth. He has vanished like
a dream, but the record of his life, and the in
fluence of his teachings and his example will
remain forever. Dr. Bonnell was one of the
loveliest and best of men—a man whose every
act illustrated a noble nature, hallowed by a
supreme devotion to religious duty. He was a
bright and 6hining example of the Christian
scholar and gentleman. 3o lose him was griev
ous—a terrible blow to his family—a severe
stroke upon the college—the church and society;
but tho mellow radianco of Christian hope and
consolation surrounds his grave, and shows ns
that tho common loss is his inestimable gain.
We are assured that satisfactory biographical
mementoes of the Doctor will be shortly pub
lished in this paper by those holding daily pro
fessional relations with him.
A Grave Charge.
At a meeting of the citizens of Montgomery,
held on Thursday, to do honor to the memory
of tho murdered Clanton, CoL Joseph Hodgson,
formerly editor of the Mail and now State Su
perintendent of Education, made a most elo
quent address, from which tho following is an
extract:
His very magnanimity of character was his
death. He was willing in his magnanimity to
treat one who proved an assassin as a man of
honor. He met his death like the peerless hero
he was. Gen. Clanton died in the cause of tho
State of Alabama. His life had been threatened
again and again by tho friends of the corpora
tion against which he had been employed by
die State. Ho was advised not to go to East
Tennessee. His friends pleaded with him to
avoid personal collisions. He had but one an
swer and that was the State had employed him
to guard her interests, and no intimidation could
move him from his purpose to go wherever his
duty called him and wherever the interests of
the State demanded his presence.
He was assassinated in cold blood. All tho
ciroumstanoes of tho tragedy point to a conspir
acy for his death. The agent of the hostile
corporation introduces a notorious desperado.
A quarrel is instantly sprung by tho assassin.
A gun is in convenient reach. A horse is ready.
The deed is done, and in the fall of Gen. James
H. Clanton under the weapon of the assassin
the State of Alabama fell.
The charge contained in this extract is of a very
gravonatnre,andone which wo cannot biitbelieve
will be proved without foundation. Such an assas*
sination is something too horrible even for con*
templation. It would justify, if anything ever
does, the bloodiest retribution on every partici
pant in it that vengeance could devise. We
hope the whole truth of this murder may be
dragged to light, and if Col. Hodgson is right,
that the assassin and his accomplices may atone
for their infamy on the gallows within thirty
days.
Cotton improved a little in Liverpool yester
day. The total receipts stall points daring the
first month of the cotton year were 76,343 bide3,
against 124,649 the previous year, showings
falling off of 48,306 bales. The stocks made
tho following comparative exhibit t
1871.
1870.
At all ports
... 99,870
106,419
Interior towns
... 16,602
19,753
At Liverpool
...423,000
521,000
American afloat....
.. 54,000
28,000
Indian afloat
..717,332
395,000
1,310,804
1,069,172
Pc BE LlQUOBS.—
CoL Wm. Lee Davidson, for-
merly of Charlotte
North Carolina,
the gallant
leader of one of the North Carolina regiments
during the war, and an old acquaintance of the
Senior’s in Florida, is in Macon, representing
the house of Bichardson & Follidge, of Cinein*
uati, in the exposition and sale of the purest
articles of whiskies of all varieties, as well as
imported liquors. The samples he exhibits are
of rare quality, and bear the endorsement of
leading chemists that they are absolutely freo
from fusel oil, tho deadly principle in whiskies.
Whatever CoL Davidson states may be implicitly
relied upon.
Fine Poet and Shzbby.—We were in luck
last Saturday afternoon—a case of wine from
the well known importing house of A. L. Rich
ardson, Savannah, arriving on that day in our
office. The wine was “Royal Port” and “Crown
Sherry,” the former of the vintage of 1868, and
the latter of 1869. Both are good, emphatically,
and a glass or two of either will round off even
a moderately good dinner into a feast. Lovers
of good wine will always find something worthy
the most cultivated palate at Mr. Richardson’s.
We oommend him to all who wish to bny some
thing that really corresponds in quality with its
name and brand.
The Conventions.—The details of the late
Radical conventions in Massachusetts and New
York are uncommonly lively. The Herald calls
that of New York “the worst managed conven
tion in Political Annals,” and in his report of
proceedings says that revolvers were drawn and
the brethren were on the eve of a general fight,
from whioh a prompt interference of the police
alone saved them.
A Win Cloud in Utah.—The intelligence yes
terday was that the Utah grand jury had proba
bly indicted Brigham Yonng for bigamy and
adultery, and the saints were sharpening their
thumb nails for a scrimmage.
To Remedy Inequality in Represent
ation* —
Certain readers in a neighboring county send
us a bill which was introduced into the last Leg
islature, bnt not pressed to vote, proriding that
each county shall pay its own representatives
in the General Assembly, and may determine
beforehand, by vote, whether or not they will
be represented in that body. The bill and an
argument to sustain it will be found in another
part of this edition, and we call tho attention
of the reader to them. The object is to pre
vent the injustice of exacting from populous
counties the cost of representing the others.
Now, wo think there is far greater injustice
in this unequal representation than that in
volved in the mere cost of per diem and mile
age. Representation, like taxation, ought to
bo :qual, and it is a much more mischievous
piece of injustice that in some counties it should
require 2,000 votes to make a representative in
the Legislature, and in others only two or three
hundred. This gives the non-populous counties
not only more money than they pay in tax as a
compensation for their attendance on the Legis
lature—bnt far worse, it gives them a tremen
dously disproportionate and unequal power in
governing the State. In the non-populous
counties, although they may be unable to pay
their Legislator, every man counts in influence
upon tho entire politics of the State as much as
eight or ten men in the populous counties. Take
for illustration the following exhibit from the
last Comptroller’s report: Appling has 678
polls; Bryan, 516; Charlton, 289; Coffee, 420;
Colquit, 207; Dade, 388; Echols, 30S; Glass
cock, 401; Irwin, 279; Pierce, 359; Telfair,
373; Towns, 367; Ware, 322; Wayne, 337; Wil
cox, 325—and all send fifteen representatives to
5,567 polls. Now, take Chatham, with 4,585
polls; Richmond, 3,118; Fulton, 2,429; Bibb,
1,988; Houston, 3,336—these also send, in all,
fifteen representatives to 15,554 polls. In the
cne case wo have a representative to every 371
polls, and in the other a representative to every
1,036 polls.
Let ns see how it is as to voters ? In the last
general election reported by tho comptroller
the fifteen smaller counties first named, polled
4762 votes and elected fifteen representatives,
or ono representative to every 31S voters. The
five counties named polled 29,015 votes and
elected fifteen representatives, or one represen
tative to every 1934 votes. Thus we see that a
voter in the one clas3 of counties was worth six
times as much as a voter in tho others—that is
to say, ono voter in Wilcox and the other coun
ties had six times tho power in making the
government of Georgia, that a voter in Chat
ham or Richmond or Bibb possessed.
That is terrible. It is an awful evil in any
State, and it is a wholly inadequate remedy to
compel these non-populous counties to con
tribute more than their rateable portion of the
expense by providing that each county shall pay
for its own representation. Any man or any
party wishing to use representatives in the Gen
eral Assembly for their own purposes, would be
glad to make that bargain. Thoy would bo glad
to charter as many representatives as might be
necessary for any corrupt purpose and pay
their per diem and mileage.
No, no! This bill does not touch the real evil
—which defeats all justice and equality in the
popular representation, and makes some citi
zens have six representatives where others have
one. This is the crowning curse of these new
counties, which never ought to have been created
until they had a representative population equal
to the standard. The Constitution provides for
175 representatives, and every new county
should be required to show its rateable propor
tion out of the sum total in the State, to entitle
It to one of these representatives.
Can this be done ? Yes, at or ce. So soon as
the Legislature meets it can remodel the whole
apportionment. The constitution (6ee parapraph
2d of section 3d) empowers the “General As
sembly after each census by the United States
government” to change the apportionment of
representation, but.in no event to increase the
aggregate number of representatives This is
the very session at which it can and must be
done, because the census has just been comple
ted. It will be one of the most important duties
of the Legislature to make a new apportionment
bilL In relation to representatives it should fix
a representative ratio, and where a county has
insufficient population combine it with one or
more to insure an equal and just standard of
representation as nearly as possible.
The Late Rev. John 31. Bonnell, D. D.
The commnnity was startled by the announce
ment in our Sunday morning’s issue of the
death of this distinguished gentleman. He
died suddenly at the Wesleyan Female College,
of which he was the honored President, on Sat
urday night at 11$ o’clock- The immediate
cause of his death was doubtless the paralysis
of some vital organ, either the heart or lungs.
He had been unwell during the week, but was
diligently prosecuting his duties connected with
the opening of a new college year, and had no
serious apprehensions of fatal disease. The
evening of his death was spent in singing with
the Mulberry Street Church choir, an exercise
in which his soul always found tho highest
pleasure. The latter part of the evening was
occupied in social conversation with friends,
and ho seemed unusually cheerful and buoyant.
He reUxaff to his bed room at 104 o’clock,
when his wife icmnd him suffering with sndden
pain in the chest. Ho immediately took some
slight remedy, but finding no relief, physicians
were called, who arrived only in time to pro
nounce him dead.
Thus suddenly has passed away one of tho
noblest and purest of earth’s children. The
erudite and accomplished scholar, the cultivated
gentleman, the tender husband and father, the
finished and successful teacher, the guileless
and sincere Christian—he filled a large place in
the public heart and never forfeited the publio
confidence.
A full sketch of his life and character will be
furnished by another pen.
Peace to his ashes.
TJIE GEORGIA FBESS. gy TELEGRAPH.
Eagle and Phoenix factory stock sold at Co
lumbus, on Friday, at from $96 to $98 per share.
The market stalls at Columbus rented for
$796 on Saturday, which is 26$ per cent, on the
investment.
Columbus received 5,705 bales of cotton dar
ing September 1870, and at the end of the
month had a stock on hand of 3,210 bales.
Daring September 1871 receipts footed np 1,697
bales, and at the end of the month there was a
stock on hand of 2,011 bale3. Average price of
middlings for September 1870, 14 cents; for
September 1871,18$ cents.
Joseph J. Williams died at his residence,
near Columbus, on Saturday morning, from
wounds received in a fight with Miles MoCook,
at a bar-room, the night before.
Mr. Thomas MoWaltie, of Jefferson county,
died last Saturday, aged 96 years.
Athens had her first frost of the season on
Thursday morning last, the earliest since 1857.
Mr. W. D. Chipley, who has just returned to
Columbus from a visit North in the interest of
the North and South Railroad, reports to the
Enquirer that iron “for the first twenty miles
has been engaged from an English company,
and is expected here by the middle of Novem
ber. Engines have been ordered at Baldwin &
Co.’s Works, Philadelphia, and are expected by
the same time, after which track laying will be
commenced at once. ’
Savannah is talking nbont enlarging her
boundaries by six additional square miles,
which will make her entire area about ten and
a half square miles.
Mr. G. R. Henry, traveling agent for the
Savannah Republican, died from a congestive
chill, at Blackshear, last Thursday.
The Savannah Republican, of Sunday, says:
Attempted Suicide.—Yesterday, a citizen of
Savannah, while laboring under a fit of insanity,
attempted his own destruction by cutting bis
throat with a pocket knife, inflicting a severe
gash into the jugular, bnt prompt medical aid
was rendered, hemorrhage stopped, and it is
hoped he will recover. Mr. had but a
Great Expectations—Will Tiiey lie
Realized ?
Editors Constitution: As the General As
sembly, which is shortly to convene, is largely
Democratic, the country folly expect that the
first step taken toward reform, and the relief of
our oppressed people, will be the reduction of
the per diem of the General Assembly. If this
is not done, confidence will be lost, and onr
hopes for the future greatly chilled.
The People.
We assure our correspondent that we have no
doubt whatever that tho next General Assembly
will reduce tho prerent extravagant per diem of
its members.—Constitution, 1st.
If they do not, they'll hear musio from their
constituents that most people don’t much enjoy.
And if they don’t, in addition, cut down all
other extravagant salaries that they can reach,
and make retrenchment their motto, they may
make np their minds to stay at home after one
term. The people demand, and will insist upon
the most rigid economy in all expenditures,
consistent with competent service and the dig
nity of the State. Bnt that $9 per diem gonge
most be repudiated, anyhow.
Wesleyan Female College.—The publio are
informed that the 'regular exercises of this col
lege will be oontinned under the charge of the
present Faculty. The trustees will meet at onoe
to arrange for the vacancy caused by the sud
den death of President Bonnell, and the public
and patrons of the Institution may rest assured
that they will spare no pains to secure the very
best man for the place.
few days ago returned from a trip Nortb, whither
he had been for the benefit of his health. He
was looking remarkably well on Friday, but a
return of the malady from which it was thought
he had entirely recovered, produced the results
stated.
The Early county News hears of two women
near Blakeley, who have loft their husbands to
avoid starvation. That’s a gay record.
TUe Bainbridge Sun says a family of negroes
have just emigrated from that place to Massa
chusetts, and we judge from a remark he makes
that the editor would be pleased to have others
follow suit.
We clip the following from the Chronicle and
Sentinel of Sunday:
A Pitiable Object.—On last Thursday night
a policeman fonnd a woman on the street en
tirely naked and exposed to the cool autumn
breezes. She was a poor idiotic colored woman,
named Harriet Lewis, and in addition to being
naked was almost dead from lack of food. Sho
was carried to the station house and the Chief
of Po’ica sent out and purchased her some
clothing. Yesterday morning a permit was ob
tained from tho Ordinary and she was sent to
the Freedmen’s Hospital to be cared for. Her
exhaustion from want of food was so great that
she could scarcely walk without assistance. It
is hard to realize that such a case as this should
occur in the city of Augusta.
Pebsonal — Rev. Isaac Hopkins, Professor of
Natural Science in Emory College, has just re
turned to Oxford after making a short stay in
this city. The number of students at the col
lege tho present term is 150, including the pre
paratory school. Bishop Pierce will, wo under
stand, soon take the field in Georgia and Flor
ida in the interest of the college.
The Augusta police are strutting around
mighty fine in their new hats, whioh are of
felt, high-crowned, and “lovely as a poet’s
d-e-r-r-e-a-m.”
The Athens Banner tells the following story:
Fobbidden Fbtjit the Sweetest.—A French
lady, holding up a glass of water, remarked:
“Were it a sin to drink this, how delicious it
would be!” This innate propensity to indulge
in forbidden things was strikingly illustrated by
a little boy of our town a few days ago. Tho
neighbors of a certain school complained that
some of the pupils used profane language when
out at play. The teacher enquired of tho boys
who it was that indulged in so reprehensible a
practice. One little fellow manfully owned np,
and received the punishment. He afterwards
said to some of his associates: “It was a tight
place for a fellow to bo in. “I couldn’t tell a
lie, but hated to acknowledge the corn. But I
intend to continue cussin’ till I’m twelve years
old. I’m not accountable for my sins until I
reach that age, and I’ll have the fun while I
can.”
We find the following in tho Atlanta Constitu
tion of Sunday:
Seduction Case.—For two days DeKalb Su
perior Court has been engaged in the trial of
Rev. M. D. Wood (Presbyterian) on the charge
of seduction. Eminent counsel are arrayed
on each side. The State is represented by So
licitor General E. P. Howell and Col. O. Peeples.
The defendant by CoL G. N. Lester and Hon.
M. A- Candler.
But two witnesses were examined for the
prosecution, a Mrs. Chivers and her daughter.
Tho defense offered no testimony. The young
Miss Chivers testified that she was a member of
the church of which ha was a pastor, and at
tended his school. That she placed great con
fidence in him. In 1867, the first time, she
states, that he used improper language to her,
was in a lane. He praised her beauty and intel
ligence, and hugged and kissed her. She cried,
but be accompanied her homo and kissed her
at the gate. The second time be came to her
house after bed time, and heard her lesson.
Afterwards he plead a headache and lying upon
a bed begged her to rub his head. From
this time she dates her ruin. She states
that she frequently went to his house of
her own accord, and that the intimacy was
carried on from 1867 to 1870 or 1871. She avers
that he told her that his wife was so only in
name; that he could not confide in her; that
sho couldn’t live long; that Jie and Miss Chivers
were congenial, and that on the death of his
wifo he would marry her; that he loved her bet
ter than any other woman. She is an intelli
gent witness and admitted that she knew she
was doing wrong, but said that she loved him.
Solicitor General Howell and Colonel Peoples
spoke in behalf of the State, and Hod. M. A.
Candler and Colonel Lester for the defense. Tho
speeches were able and impressive. Wo noticed
a number of divines present. The court house
was thronged. The case has excited a deep in
terest from the high character sustained by Rev.
Mr. Wood for purity. The jury, after an ab
sence of one hour, returned a verdict of guilty.
Notice was given of a motion for new trial and
for an arrest of judgement.
Mayor Screven, of Savannah, has accepted a
renomination from the Democrats of that city.
All tho candidates for Aldermen nominated at
the same time have also accepted.
Letter from Garrolton.
Cabbolton, Ga., September 28, 1871.
Editors Tdegraph and Messenger : After two
weeks cloudy weather we are haring fine weather
on cotton now, warm days and cool nights.
The cotton crop is the best we have had since
the war, if frost will stay off two weeks longer.
The farmers have a cheerful look and gather as
fast as it opens. The turnip crop was never
more promising, with a larger area of ground
sowed than usual. Where guano was used on
cotton or grain it haB paid a good per cent on
the investment.
A man named Thompson hailing from Canton,
Cherokee county, came to our place four weeks
ago, bargained for about $12,000 worth of prop
erty—he purporting to be very wealthy—rented
a store room—was to have a heavy stock of goods
in two weeks, gained the confidence of our peo
ple enough to borrow $2,000 for a few days and
left for parts unknown.
We learned this evening that a man named
Summerlin, in this county, was shot and in
stantly killed in his own yard by one of his own
neighbors. Canso was a difficulty about a hog.
Respectfully, 8ubscbib.ee.
The World says: “Gleaning carpets by steam
is an operation now extensively carried on in
thia city, rather to the disgust of the darkies
who make part of their living by shaking car
pets. A gentleman who owns tug-boats says
the beat way to dean a carpet is to take it'
New Yobk, October 1.—The cotton move-
rnent shows a large increase in receipts and
exports as compared with I ist week. Receipts
at all the ports for the week 34,073 bales,
against 20,606 last week, 12,561 the previous,
and 9137 three weeks since. Total receipts since
September 1st 76,343 bales against 124,649 for
the corresponding period of the previous year,
showiDg a decrease of 48.30G bales. Exports
from ail ports for the week 12,418 bales against
10,163 the same week last year. Total exports
for the expired portion of the cotton year 43,070,
against 29,138 for the same time last year.
Stock at all the ports 99,870, against 106,419
bales for the same time last year. Stock at
interior towns 16,602 bales, against 19,753 last
year. Stock at Liverpool, 423,000 bales, against
521,000 last year. American cotton afloat for
Great Britain 54,000 bales, against 28,000 last
year. Indian cotton afloat for Europe, 717,332
bales, against 395,140 laBt year. There has
been a marked improvement in the condition
of affairs at the South daring the week. The
weather has been cool, and very little rain has
fallen. Picking is progressing with vigor, and
there is little complaint of the caterpillar.
New Yobk, October 1.—Cotton was heavy and
lower early in the week, but afterwards became
firm and improved slightly. Sales of the week
reached 105,000 bales, of which 92,000 were for
future delivery and 13,000 on spot and to arrive.
Of the spot cotton exporters took about 5,300
bales, spinners 5,400 bales and speculators 730
bales.
Richmond, October 1.—A special to the En
quirer says a riot occurred this afternoon in
Danville from an attempt on the part of a mob
of negroes to rescue a negro from arrest. Af
ter futile efforts on the part of the Mayor to
disperse the riot the military was called out and
tho riot act read. Stones being thrown the
military were ordered to charge bayonets, and
one of the most tuibnlent rioters was bayo-
nettqd. A policeman wa3 shot by some un
known person, and great excitement prevails.
The stores were closed, and the people ordered
to their homes.
Washington, October 1.—The Treasurer sells
$2,000,000 in gold each Thursday, and buys
$2,000,000 of bonds each Wednesday of Octo-
ber.
Philadelphia, October 1.—The type foundry
of McKellar & Jordan has been robbed of
$2,400
New Yobk, October 1.—A man 75 years of
age cut his wife to pieces and then shot himself.
Criminal proceeding has commenced against
Miohasl Connoliy, Registrar of the city.
Chableston, October 1.—No yellow fever
deaths daring the twenty-foar hours ending at
noon to-day. Physicians report a marked de
crease in the prevalence of the fever.
St. Louis, October 1.—The Southern Hotel
safe was robbed of $3,500.
Cincinnati, Ootober 1.—Isaac Smith, a citi
zen who had visited Natchez, died of yellow
fever here yesterday. While at Natchez he went
into a vault and saw the body of his brother
who had died of yellow fever.
Chicago, October 1.—Tho Burlington ware
house, an immense brick buildiDg between Bur
lington and Quinoy railroad track and Sixteenth
street, was burned. Nearly 200 firms had goods
stored in the warehouse, valued at $800,000.
Port of the buildiug used os a bonded warehouse,
containing $3,000,000 worth of goods, escaped
by reason of a large fire wall. There is an ag
gregate of $700,000 in goods destroyed. Loss
on building $50,000. One man was bnrned to
death, and it is feared three others porislied.—
Several firemen were injured.
New Yobk, October 1.—Tho steamer George
Washington reported wreckers at work on the
steamer Mississippi, on the Florida coast, to get
her off the beach.
Savannah, October 1.—Arrived, steamer
Frances Wright, from Brazos, Texas, via South
west Pass, for New York. She put in with
pumps out of order and for coal. Schooners
Fanny Keating and William Conner, New York.
Cleared, steam tug General Van Vleet, New
York.
Chableston, October 1.—Arrived, schooner
Virginia, New York. Sailed, schooners F. Sal-
terly, New York, Gen. Barnes for a Southern
port.
London, October 1.—A Constantinople dis
patch reports seventy cholera deaths since Sat'
urday. The supply of water is failing. A
steamer and brig were foundered in a gale off
the mouth of the Cumber and sixteen were lost.
Pabis, October 1.—The halt in the evacna
tion of the department of the Oise, which was
caused by a misconception in the order of evac
uation, was resumed to-day.
London, Ootober X.—Dispatches from Great
Grimsby give harrowing accounts of the ship
wreck, within sight of land. The Master of the
American ship Bertha Thayer, was swept from
the deck.
Pabis, October 1.—The supporters of the em
pire are becoming bolder in their intrigues, and
are agitating openly for the restoration.
The editor of the Bonapartist paper declares
Thiers is failing and the country will naturally
return to a government which gave it twenty
years of order.
Assuraces are given at Versailles that the dif
ficulties in the way of the ratification of the
treaty with Germany have been overcome.
Richmond, October 2.—A bill for injunction
against the Virginia and Tennessee Railroad
Company and its President, General Mahone,
was filed this morning in the United States Cir
cuit Court by James E. Tyson, of Baltimore, a
non-resident stockholder, charging the consoli
dation of that road with others to be illegal and
unconstitutional, and that the President and
officers propose to issue bonds for eight millions,
securing the same upon the consolidated roads
and their earnings, including the Virginia and
Tennessee, Southside, and Norfolk and Peters
burg roads, under the name of the Atlantic,
Mississippi and Ohio Railroad Company. The
bill charges that any such use of said roods and
propeity is illegal and destructive of the rights
of stockholders, as is the carrying on of the
consolidation act in other respects. The bill,
therefore, prays for an injunction against any
act to carry out such consolidation, and espe
cially the issuing and selling of bonds and se
curing the same by a lien upon the stock. Judge
Bond has passe dan order for hearing the motion
for an injunction on the 20th instant, which, by
the practice of the court, operates as a restrain
ing order until the hearing.
Washington, Ootober 2.—The jury, in the
case of Darden for killing McCarthy, was out
ten minntesand returned a verdict of not guilty.
New Yobk, October 2.—A special to tho Her
ald from Salt Lake reports a rumor that Brig
ham Young has been indicted, and will be tried
this week. The Mormons continue to'buy arms.
The Mormon journals advocate open resistance,
and it is understood that the Federal authorities
ask for the reinforcement of the United States
force at Utah.
The Cuban Junta oelebrated their annivesary
on Saturday night. According to statements
made the insurreotion is as strong as ever, and
the revolutionary government continues its reg
ular organization.
Salt Lake, October 2 —Three companies of
United States troops arrived here to-day. They
were sent by General Augur upon a requisition
by Governor Woods.
San Fbancisoo, Ootober 2.—Toscon, Arizona,
advices say there is no safety for life or property
on the Gila River. Mexican bandits assail Mex
ican and American residents indiscriminately.
New Yobk, October 2.—Arrived, General
Barnes. Arrived out, Halsatis, Austrian, Sar-
matian, Columbia andDarian.
Madbid, Ootober 2.—At the official reception
at Don Espartero’s house the ex-Miuister ad
dressed the King as follows: “If, at any time,
the enemies of Spain should seek to overthrow
its liberties and independence, and the young
King place himself at the head of the army, I
and my comrades will follow him.” The recep
tion was grand.
Havana, October 1.—The telegraphic line
between Havana and Puerto Principe, which
passes through the distriot of Oamsguey, the
Btronghold of the late insurreotion, has been
completely re-established, and is now in work
ing order. The line bad been cut by the insur
gents at the beginning of the struggle, and kept
interrupted ever since by their possession of the
intervening large territory of O&maguey.
Pabis, October 1.—The Germans commenced
withdrawing from the department of the Oise
on Sunday afternoon. Differences have arisen
between France and Italy respecting the pon
tifical debt.
London, October 2.—A fight occurred at Cork
on Sunday between the police and supposed Fe
nians. Shots were exchanged. One policeman
was wounded and three arrests were made.
The bark Soreke went ashore In the late gale.
Six of ber crew were rescued, four starved to
death in the rigging and four were drowned.
The ship Mount Sinai was burned at sea. The
recent gale extended to the continent, damaging
crops and vineyards and prostrating telegraphs.
Pabis, Ootober 2.—Victor Hugo”has written
M. Thiers strongly interceding for demeney in
Rochefort’s oase. There are no intimations
Washington, October 2.—The Secretary of
the Treasury has a bad cold. [So has our
“devil.”] The Secretary of the Navy goes to
Ohio to aid in the campaign. The President
leaves Chicago hitherward to-morrow. The
President’s son has three months added to the
leave granted his classmates.
The debt statement decreased during the
month of September $13,750,000. Coin in the
Treasury, $90,750,000; currency, $16,000,000.
The criminal court to-day quashed the indict
ment against White and Ramsdell, who refused
to testify before the Senate Committee.
Nashville, Ootober 2.—The Legislature has
organized. John O. Vaughan was elected
Speaker of the Senate, and James D. Richard
son Speaker of the House.
New Yobk, Ootober 2.—International money
orders between the United States and Great
Britain commenced to-day. Remittances may
also be made via Switzerland to the principal
towns and cities in Austria, Hungary, Spain,
Russia, Sweden, Denmark, Greece, Egypt and
East India.
Judge Barnard has modified the injunction.
The order restrains the payment of money with
out endorsement. Comptroller Green prohibits
the raising of money without the sanction of
the board of apportionment.
Chicago, III., October 2.—Wm, French, ed
itor of the Lacon (I1L) Statesman, is dead.
New Obleans, October 2.—The Board of
Health reports interments for the week 116—
only one from yellow fever.
Note.—The death reported by yellow fever
was that of a man from Natchez, who was taken
sick seven days after his arrival. He was car
ried to the Charity Hospital on the 27th and
died on the 30th. No other death from yellow
fever has occurred in the last nine days.
Helena, Montana, October 2.—A fire origin
ating in tho Herald office destroyed the post-
office, and several adjoining buildings. Loss
$75,000.
Chableston, October 2 —One fever death
doting the twenty-four hours ending at noon
to-day.
London, October 2.—The proprietors decline
accepting tho arbitrationat New Oastle, because
the best workmen have gone elsewhere. They
cannot afford to make concessions unless they
secure skilled labor thereby.
Madbid, Ootober 2.—During his progress
Amadeus expended fifty thousand pounds ster
ling in,donations and received 30,000 petitions.
Pabis, Ootober 2.—Thiers writes Hugo that
pardons by the commissiuu alone can modify
the sentences of the military tribunaL
Savannah, Ootober 2. —Arrrived Sunday,
steamship Herman Livingston, New York. Ar
rived to-dav, bark Annie Tarry, Boston; steam
tug Tontine, New York, for Havana, put in for
coal.
Cleared, ship Roswell Sprague, New Orleans,
with inward cargo; schooner Gay R. Phelps,
Jacksonville—load, New York; Oatawamteak,
New York.
Chableston, October 2.—Arrived, steamer
Gulf Stream, Philadelphia. Sailed, steamer
Falcon, Baltimore.
Synopsis of Weatlicr Statement.
Wab Dep’t, Office Chief Signal Officeb,)
Washington, D. O., October 2, 7:40, p. at.)
The area of lower pressure which was Sun
day afternoon northwest of Iowa, has moved
east and southeast, and is probably now center
ed on Lake Huron. The area of the highest ba
rometer hasromained in the South Atlantic States
or is now off that coast. The low pressure with
easterly winds and rain, which was in the west
ern portion of the Gulf has moved northwest
into Texas, with rain and threatening weather in
Arkansas. The barometer has fallen very rapid
ly during the day from Tennessee and Virgina
to the lower Lakes, with cloudy weather in the
Ohio valley and increasing southeasterly winds.
Brisk easterly winds continue in Southern
Florida, and fresh winds with rain on the west
ern Gulf coast.
Probabilities: Falling barometer, with brisk
southwesterly winds and possibly rain, will
probably prevail by Tuesday noon from Ten
nessee and Illinois to the Lower Lakes and New
England. Continued cloudy weather with south
ern winds west of Alabama; southerly winds
and increased cloudiness on the South Atlantic;
rising barometer with clearing weather ia the
northwest.
New Yobk, October 2.—Application was made
to-day before Judge Bixby for a warrant for
the arrest of Mayor Hall, on the charge of offi
cial neglect in permitting the fraudulent con
version of public funds. The Mayor will be no
tified to appear at 10 a. m. to-morrow, and an
swer to the charge brought against him. It is
stated that applications will be made to-moriow
for tho arrest of Tweed, and others, on the
charge of fraudulently appropriating publio
funds.
Stockholm, October 2.—Tho Upper House of
Parliament approved the clause of the bill for
the reorganization of the army, which makes
military service compulsory on all male sub-
jects of Sweden.
London,. October 2.—Tho scissor grinders,
cutlers and carpenters of Sheffield, and spin
ners of Bolton and Dundee, have struck work.
The strikers in Now Castle held a mass meeting
to-day and passed resolutions to insist on their
demand, and persevere in the stiike until its
objects were accomplished.
at which the citizens of the county shall take a
vote to deoide whether they will or not be rep
resented in the lower branch of the General
Assembly, to convene next thereafter, said vote
to be taken by ballot under the same rules and
regulations as are now prescribed for holding
elections for members of tho General Assem
bly, and the ballots shall each bear the words
“representation,” or “no representation.”
Beo. 2. In case a majority of the ballots cast
at said election shall bear the words “No rep
resentation,” the election for Representatives in
the House of Representatives for said county,
at the next ensuing election, shall not be held,
and the county shall not bo represented as here
tofore in the House of Representatives of the
General Assembly convening next thereafter.
But should a majority of the ballots bear tho
words “Representation,” the election shall pro
ceed asif no Buch preliminary meeting and elec
tion had been held.
Sec. 3. At suoh preliminary election, if any
or all the counties of this State shall decide to
send Representatives to the lower branch of the
General Assembly the per diem and mileage of
such Representative or Representatives shall in
no event be paid out of the Treasury of this
State, but such per diem and mileage shall be
paid out of the Treasury of the County so send
ing the Representative or Representatives, and
the Ordinary of every county so deciding to bo
represented as aforesaid shall levy, and he is
hereby authorized to levy, an extra tax for the
purpose of paying the Representatives of tho
county for their services there rendered to the
county.
Sec. 4. That whenever a:iy c nuty shall de
cide not to be represented, the Ordinary shall
forward the returns of the vote taken at the
preliminary meeting aforesaid to the Secretary
of the State in the manner and form as he is
now required to make returns of eleotion.
Sec. 5. Repeals conflicting laws.
Crops In Bibb.
Editors Tdegraph and Messenger: Below
I will give an estimate of crop statistics accord
ing to my observation in Bibb county, for the
present year: "Wheat and oats were about two-
thirds of a crop, except in certain localities
where the yield was below a half crop on ac
count of rust and the wet weather in June,
which interfered with harvesting. Corn has
turned out about an average half crop, except
bottoms and fresh lands planted early. These
may be two-thirds of a crop. Grass is unex
ceptional, but drying np very rapidly at present.
Harvesting should be pushed to secure good
forage. Peas, unless cut off by frost, will be
two-thirds of a crop, by the last as a standard,
but the crop of peas in 1870 was not good. Po
tatoes, if frost stays off a month longer, will be
equal to 1870. A very good orop of potatoes is
generally expected.
Cotton, oh! cotton. What shall I say of cot
ton ? Full half as much as last season may be
gathered, but the staple and texture of the cot
ton will be inferior. Drontb, wet weatber,
storms, and all disasters thrown into one year
have reduced the yield of cotton at least one-
4ait'.
We will call loudly for guanos next season for
cotton—if we can get them. Would it not pay
for tho manufacturers of and dealers in cotton
to form a gift association to distribute guano
gratis to the cotton planter? The material
could be produced a third cheaper and they
would be benefitted by low prices. Or would
iE not be advisablo for guano dealers to reduce
the price to the lowest point for profit and sell
it by lottery ? Say $5 tickets to draw a ton or
nothing; $2 50 tickets to draw a half ton or
nothing. We must use guano to make cotton
on old uplands or clear up our new lands. Wo
are too poor to pay present prices for it. Who
will come to our aid and swell the next crop of
cotton to five millions ? or will wo have to pro
duce cotton for nothing ? or will we cease to
prodace it ? Better quit making it unless we
can make a living profit at it. All tradesmen
want a living profit—should not we ?
Respectfully, J. S. Wimbish,
Macon, Ga., October 2, 1871.
Decisions or tbe Supreme Co "
T GeorgiR, 0f *
DELIVEBED AT ATLANTA, TUESDAY, BEpt j,
From the Atlinta Constitution.]
R. B. Bollock, Governor, vs. J.
et aL Forfeiture of recognizance' f rr
Lochbane, O. J.—Where the para” -
Governor was pleaded by the sureS! •° t
charge of their bond forth© appearand ?
principal, and the recital of facta i n ,? !|
don showed that it was not applied fni
accused, who was out of the State. ■
Every County to pay Her Represent*
atlves.
Editors Tdegraph and Messenger : The fol
lowing bill which was introduced into the last
General Assembly, relates to a subject which
will no doubt largely engage tho attention of
the next Legislature, viz: Retrenchment. As
the idea of the bill appears to be a good one, I
venture to ask its publication in your columns
that attention may be drawn to the subject in
time for tho incoming Legislature to act, if
they see proper, upon its suggestions. You
have too repeatedly given your views on the
subject of retrenchment of the present enor
mous expenses of legislation to the tax-riddon
people of Georgia, to doubt your co-operation
in any scheme by whioh they may be reduced.
The last report of the Comptroller General
for 1869 will show that several counties in the
State did not pay into the State Treasnry near
enough of net annual tax to pay the mileage and
per diem of their single representative for that
year, in the lower branch of the General Assem
bly. In 1869, the Legislature was in session 65
days in all. In both 1868 and 1870, they were
in session muoh longer, making tho dispropor
tion in these counties between the tax and leg
islative expenses for those years much greater.
The statements, therefore, made inthe pream
ble of this bill, are strictly true, and the atten
tion of the people should be called to them ihat
the evil, if it be one, may bo corrected. For
ourselves, we see no equity or justice iu tho
rulo which requires Bibb or Fulton, iu addition
to their own enormous expenses, to assist in
paying the legislative expenses of poorer coun
ties. Nor do we—with tho author of tho bill-
see any very cogent reason why the expenses of
either should be paid out of tho State Treasury.
It should be borne in mind that these expen
ses are increased nearly or quite half as much
more by the mileage and per diem of the Senator
from each Senatorial district, making in the
whole a tremendous load for the wealthier and
more populous counties to carry, already bur-
dened with their own State, county and local
taxes.
We have no idea that the enormous mileage
and per diem claimed by the last General As
sembly, will be continued by their successors.
And we are confident that in this, as well as
most other particulars, the difference between
the incoming and the late Legislature will be
most marked and deoisive. Still, no reduction
of these expenses, however much to be desired,
will affect the evil complained of in tiffs bill,
only in degree. And Bhonld the rage for mak
ing new counties continue to prevail, tho dis
position will be still greater, and the evil, if it
lie one, continue to inorease. Yours, etc.
Subsobibeb.
a___ m »« - j. . * , _ *** iwbuoiyiuj J>uotp ot u uu mu illations
Mb ”° f th a !#*? 11 a day a run in j that the appeals in Boohefort’s favor will be
BaItwater ' J favorably entertained.
A BILL,
To be entitled an Act to confer upon the people
of the several counties of this State certain
privileges as to choosing members of the House
of Representatives of the General Assembly,
and to provide for the payment of said Repre~
sentatives the General Assembly of the State
of Georgia do enact:
That, Whereas, many counties of this State
do not pay into the Treasury of the State a suf
ficient amount of tax to defray the expenses of
their Representatives in the General Assembly;
and whereas, although it is the right of freemen
to be represented in the Legislatare of their
State, yet it is a higher right to be represented,
or not, as they shall desire and see proper, and
no compulsion should be plaoed on the exercise
of the right of representatation.
Therefore that it may be optional with the
people of each county to send or not, represen
tatives to represent them in the lower branch
of the General Assembly,
Section 1. Be it enaoted, eta, That it dull
be the duty of the Ordinary of each county in
tiffs State, to convene a publio’ meeting of the
citizens thereof twenty days before the eleotion
for members of the General Assembly in each
county, to be presided over by arid Ordinary,
Condition oi Queen Victoria
From a London letter in the New York Herald,
we take the following:
Few persons, even among the npper classes
in England, know that during the last few years
of the life of Prince Albert the Queen exhibited
symptoms of that mental aberration with which
so many of her family have been afflicted. At
the time of his death he was, and for some
time had been, practically King of England,
and in the transaction of public business the
Queen relied implicitly on him for direction and
advice. It is almost impossible to over-estimate
the irfinence which he established over her by
sheer strength of character. Her intense ven
eration for him as a husband only served to in
crease her faith in him as a man, and it is easy
to conceive how imperceptibly she allowed him
to assume the exercise of her peculiar functions,
as they became too arduous for her mental ca
pacity. Prince Albert, on the other hand, though
fully understanding the relative position which
he and his wife occupied towards each other,
never gave her reason to suppose that the au
thority was virtually vested in himself, and it
was not until Victoria was alone that she felt
how unable she was to bear the weight of re
sponsibility imposed upon her. In the
FIBST MONTHS OF HEB WIDOWHOOD
reason was almost entirely suspended. She did
as she was told, mechanically. She could not
even realize that her husband was dead, but
would hold conversation with him, &3 if he was
present in the flesh. Whenever she rallied from
this state and was able to comprehend her po
sition, her anguish was so intense that she was
equally incapacitated from taking a part in pub
lio matters. Her physicians cherished a hope
that time, the great healer, would close these
wounds, and that when the first bitterness of
grief was over her mind recover its equilibrium.
These hopes have, it is feared been long dissi
pated, and the Queen is to-day a confirmed hy
pochondriac.
The writer adds, also, that the Queen is a
“spiritualist,” and believes she holds eons!ant
intercourse with her late husband.
Polygamous Juboes.—Certain Mormon elders
were rejected from the Utah Grand Jury be
cause they declared that polygamy is a divine
institution, and should be protected. Chief
Justice McKean, in his opinion in the case, re
marked that onr Constitution and institutions
do not require, nay do not permit, the tolera
tion of any practice which wages war against
the existence of civilization, and added that
when the burglar is a fit juror to inquire into
the prime of burglary; when the robber is fit
to inquire into the crime of larceny; when the
assassin is fit to inquire into the crime of mur
der, then the bigamist, who swears in substance
that crimes are his religion, may be fit to in
quire into the crimes of bigamy and adultery.
These were plain and homely truths, and they
have had their effeat in Utah. The Saints are
deeply stirred by the firm determination of tho
Federal officials.—Commercial Advertiser.
’Tis but one step from the sublime to the
ridiculous, and that step was taken at Booth’s
Theatre the other night. It was in the grand
scene where Catharine is summoned to answer
before the Court. She enters, clad in regal at
tire, her whole appearance indicative of con
scious innooence and proud defiance. She pro-
tesl-i against their right to arraign her. All her
queenly nature is in arms at the insuit. Then
she launches forth into an impressive defence,
concluding with a fierce torrent of eloquence,
and, drawing her majestic form up to its full
height, amid the breathless silence of the
audience, stands fearlessly and triumphantly
confronting her judges, when from a remote
corner of the Olympian gallery the sharp,
shrill voice of an adolescent god utters the
magio word, “Keno!” and the majesty of
Catherine is torn to tatters.—New York Com•
mercial Advertiser.
Westebn and Atlantic Railboad Company,)
Pbesident’s Office, n
Atlanta, Ga., September 30, 1871.)
Dr. N. L. Angier, State Treasurer: Deab
Sib—I send you by the Treasurer of this com
pany twenty-five thousand dollars in cash, the
rental due the State for the present month of
September. Please send me the usual receipt
from the Comptroller General for the amount.
I am, very respectfully,
Your obedient servant,
• Joseph E. Bbown, President.
COMPTBOLLEB GeNIBAL’s OFFICE, V
Atlanta, Ga., September 30, 1871.)
No. 461.—Received of W. C. Morrill, Treas
urer, Western and Atlantio Railroad Company,
the sum of twenty-five thousand dollars, rental
Western and Atlantio railroad for the month of
September, 1871, as per certificate No. 461 of
N, L. Angier, Treasorer. But.t.,
Comptroller General.
Estimates based upon the oensua fix the
number of negro voters in the Union at 873,110
, J — State, and’tv 71
failed to show its dditery to him
by him, and the oourt sustained a dem 1
the plea.
Held, Under the facts there was
As-umiDg that under the Constitution
the Governor may exercise the pardonW*
before conviction, (see decision of thiaivL
Dominick vs. Jailer, Spalding conn*. •
Mis. 300,) yet pardons before
based upon the confession of the unm* j 1
by the accused, and before buch Darda, 6
effect it must be accepted by the accaSt^
when the plea of pardon by sureties faiUT
up its acceptance by their principal evid 1
by his application for the pardon and d?
to him or his acceptance of it when a-w
pardon granted without the application^
principal, and not evinced by his accent. !
it, is of no effect. cpt ^
Judgment affirmed.
MoOay, J., concurring upon the n-
above stated. He is not decided as to it;
ity of a pardon before conviction. s>
Wabnab, J., concurring.—I concur i,
judgment of affirmance in this case r
ground that the Governor had no legal no*
authority under the Constitution of this Su"
grant a pardon before trial and conriefo
the defendant for the offense with which?
charged.
Doyal & Nnnnally, J. L Hall, for plaint,
error. *
Smith & Alexander, L. B. Anderson Soli
General, contra. ’ "
Soott, Bondurant and Adams vs. IV *- h
rick. Garnishment from Fulton. * 11
MoCay, J.—1. When a suit was brourtoj,
justice’s court for an amount over fifty do5
and a summons of garnishment issued*^
debtor of the defendant requiring him * 0 a--,
and answer on the day fixed for the trial cS
original suit, and tho garnishee failed to
on that day:
2. Hdd, That as by section 3228 of theC
final judgment cannot go against the gan>,
until a term subsequent to that at which
required to answer, it is the duty of ihscy
trate to continue the proceeding yJ
garnishee, by formal entry on his docket-■]
subsequent day, not less remote than tied
ber of days required by law for the serrij
the original summons against the defendd
the suit, and any judgment against the J
nishee, before the day to which the ease id
tinned, is illegal. j
2. When a certiorari has been sanctiorejJ
no notice, in writing, has been given tofcj
posite party of the same ten days befcrlj
term to whioh the certiorari is returnable!]
it is in writing agreed between the partia l
the decision of the.conrt upon the points:
in tho certiorari shall determine certain!!
cases sueing on the same points that istj
stantially a waiver of tho notice and as n
mentthat the certiorari shall be decided:
its merits.
E. P. Howell for Scott, Bondurant & Ca
Hillyer & Bro., contra.
Peck & Boman vs. Conn ally & Bro. IUegdJ
from Fulton.
McCay, J.—The 5th section of Act 28tb,B
which authorizes a defendant infi. fa.los
under oath the plaintiff’s affidavit that theli
due upon the debt have been paid, and pic
ing that the issue thus made shall be ret:
and tried as other affidavits of illegality, s
upon the same fboting as the first and s
sections of the act, and is not anconstituti
Judgment reversed, Warner, J., dissei
Collier & Hoyt, for plaintiffs in error.
A. W. Hammond, & Son, contra.
E. W. Monday vs. John G. Martin. (
rari, from Fulton.
MoCay, J.—When there was a eertiorarih
the County Coart which, under the Act of 8
Code 297, is to be heard by the Judge cf:
Superior Court iu vacation or ia term, as is
to him seem proper, and there was tendeid
the Judge in vacation a traverse of the nj
of the County Conrt Judge, and the Jud*
the Superior Court thereupon, by written h
directed the papers and the traverse t:
transmitted to the next term of the Scpe
Court for trial:
Held, That this was a judgment of the Jo3
that the traverse should be tried by the j:
and that while that judgment stands unieven
it is error to dismiss the traverse and withi
the case from the jury, on the ground that:
traverse was not certified by the affidavit of:
party making it.
Judgment reversed.
A. H. Colquitt vs. Mercer & deGraffei
Plea to the jurisdiction, from DeKalb.
MoCay, J. —1. The Act of , 18G9, autha
izing attorneys to make oath to setting ups
able defences on suite founded on contract,!:
not alter section 3410 of the Code requiring
to the jurisdiction to be pleaded in person, tel
sworn to by the defendant. i
2. A plea to the jurisdiction may be ttij
any time before the defendant has appeared
pleaded to the merits, and if he has filed a g
to the jurisdiction at the first term, whicM
been stricken because not sworn to, he ■*)
he has filed no plea to the merits, still file hisf
to the jurisdiction.
Judgment affirmed.
Lochbane, C. J., concurring.—I havo as
doubt in this case as to the ruling of theco®
construing the act of 1869. That act dec!®
“that from and after the passage of this actj
all civil cases founded on contract, where tf®
is no issuable defense, and when tho defea
does not reside in the county in which raj
pending, it shall and maybe lawful for tkesq
or attorney at law of each defeedant io Oj
oath to the plea, and the same shall be as ? j
and sufficient as if made by the defendant!
self."
The Constitution, section 5174, declares J
court shall render judgment without the very
of a jury in all civil cases founded on coctrJ
when an issuable defense is not filed on ctj
The question is whether the limitation's^
Constitution applies to the Judge renderisj^
judgment without a jury, or applies to pies
aoter of the issnable defense by limiting ;
defense to be a defense to the merits.
It strikes me that the limitation is < .
court. The language is in any case fonndesj
contract when no issnable defense has beeB*l
on oath, the court will render verdict witho-J
jury, just as if it says in cases where anis>
defense is filed the court will not render^
ment without the intervention of a jury-,
The only question, therefore, is: Is a
the jurisdiction an issnable defense ? No-
about its being so. If it is, the court &
give judgment; and if it is, the Attorney*
swear to it by the act of 1869, for tho
when there is an issuable defense, the AttoJ*
may swear to it.
But the construction placed upon the Co>l
tution is, that it means an issuable defec-^J
the contract—in other words, a plea to tb 8 ^
its, and an attorney, by the act of 1669,
swear only to this “issuable defense.’
It is not without doubt in my mind bet 1 -
the issuable defense contemplated by
stitution is any issuable defence, which *3
filed and verified, prevents the courts
judgment, and the act of 1869 authorize
verification by the attorney of an “ issnz_
fenoe." That a plea to the jurisdiction W I *1
plea required by law to be pleaded in errw^ 1
by this fact not come within the spirit®*^
constitution, strikes my ’mind with z 0830 ,^
force, and for this reason while a P iea ,
jurisdiction ia an issuable defenoe, *3“^
attorneys may verify issuable defense ono J
the same force as if done by the defencL^J
person, by the aot of 18C9; still, as Uu- i
has deoided it not to apply to cases of P- e |
jurisdiction, I concur in thd judgment.
C. F. Akers, for plaintiff in error.
L. J. Winn, contra.
An Incident of the Clanton Honk®*-'
Knoxville Chronicle, cf Friday, says:
While Sheriff Gossett was in parsnit
D. M. Nelson, General Clanton’s mard®*;
stopped et the house of W. B. Smith,
known liveryman, five miles fr°m_ n-. „
and riding up to the fenoe, asked if he -
Dave Nelson pass down the road.
replied that he had, about an hour bei°r^
Gossett then rode on and Smith p
house, pnd in five minutes was a oorpj*
supposed he died from excitement,
in feeble health for some time.
Rev. J. M. Bonnell, D. D-»
Wesleyan Female College, died sndd*“J A
College last night, at 11$ o’clock. His
will probably take place on Monday.
