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SUPERIOR COURT.
The 6'Connep Murder Trial Meaunaed
The Efidtice, speeches, and Chnr*e
of Judie Simmon*—Another Huns
Jury. _ .
Yesterday in the Superior Court the
trial o! Jerry O’Conner for the offense of
murder waa resumed at nine o’clock. The
following evidence was introduced:
Ouss Thomas, porter at the City Hall,
testified as to pl&eing the p-isoner in the
lock op, and that he handed him a blanket
shortly after he was put in. Ha did not
see him again until twelve o’clock, when
be found him dead in hi3 oellj when he
handed him the blanket and spoke to
him the; deoeased said “hum” several
times; he was lying on the blanket when
he found him dead.
Dr. A. L. Clmkscales testifisd as fol
lows : He was called on between four
and five o’olook to examine a body found
de>d in one of the oellaof the barracks;
he did so; it was not quite cold; he
made a postmortem examination of the
head, sawlog around and raising the top
of the skull, and found a large amount of
dotted blood about the aizs of an egg.
within the skull; he then sent for Dra.
Johnson and Mettauer, and they together
made a further examination; ha dea-
cribed the bone as unusually thin at the
base of the ekull and discovered a small
fracture. (He exhibited to the jury two
small pieoesof skull which had been
taken from the dead man ) He took a
note of the thickness of the skull, and it
varied from a qaatter of an inoh to less
than the thirty.secondth part of an Inoh
in thickness; it wus the thinnest skull he
had ever seen, especially in a colored
psrsoo. The doctor also exhibited the
dotted blood, wbioh had been preserved
in add, and testified that the infiltration
of the blood bad caused death by pres
sure upon the brain. Very little outside
signs of oontusion were to be found.
Dia. Johnson and Mcttaaer testified
substantially to the same facts, giving
learned reasons for the oauae of the
death and the effect of the oontnslon of
the brain, of great length and interest.
Fanny Cooper, colored, testified that
she had left the shoos which Franklin
had at the time of his arrest, to be stretch
ed; she lived near the Brunswick depot;
she knew Franklin—he was a shoemaker,
and had his shop on Fourth street, oppo
site and near the jail. She identified the
shoes. The ehoeB were exhibited to the
jury. She bad left them the week be
fore to be stretched and he was to bring
them to her on Sunday morning.
It was also brought out in the evidence
that Franklin, when he was arrested,
claimed to have been on his way to Fan
ny Cooper’d houso with the shoes, accord
ing to agreement, and after his arrest
proposed to to hire a hack to goto Fanny
Cooper’s bouse, who would corroborate
his story about the time for the return of
the 6hoes, but Mr. O’Conner declined to
allow him.
The defense announced that no evi
dence would be introduced for the de
fense, but that the prisoner would mako
his statement, with the privilege that the
prosecution cross-examine him upon it.
Mr. O'Conner made the following state
ment : I went on duty at seven o’clock,
of the morning on which the deceased
died, and went to my beat on the Brown
House block. I neard that Sam Frank
lin was trying to sell a pair of shoes over
in the carsbed. I went over and saw him
offering them to a woman in tho shed. I
went op to him and said, Sam you mast
go up to the barracks with me. We
started, and Sam jerked and plunged all
the way. When we got to Stewart’s sta
bles on Poplar street, he endeavored to
get away, and by this time I got to
Campbell and Jones* warehouse, I was
nearly exhausted. Hero he broke away
and ran toward Artope’s marble yard; he
ran about twenty feet, and I struck him a
light tap on bla head. Knowing the man
us I did, and knowing that he had served
a term in the penitentiary, I felt author
ized to strike him. The prisoner an
nounced that he was ready to be cross-
examined.
Cress-examined—I know he had been
in the penitentiary because I was pres
ent at the trial when he was convicted. I
was present when he tried to sell tho
shoes at the carshed. On the way to the
barracks ho was very insolent, and the
more lenient I was the more insolent ho
became. I took the shoes from the woman
at the carshed. When ho ran I caught up
with him and struck him a light tap on
the head. I reported the case to Lieuten
ant Wells that morning and told him that
I had hit him a alight tap. He ran
about twenty feet down Second street.
He offered to hire a hack to go to the
woman’s honso to whom he said the
shoes belonged, but I said I would ar
range about that.
Mr. C. J. Harris opened for the defense
He said that every officer is expected to
do hia duty. Officers are responsible for
escapes in certain cases. Colonel Harris
offered to read tho ordinances of the city
of Macon to the jury a3 & portion of the
law in case. Objeotion was made by the
proseoution that the ordinances were not
public law, and to bo brought before the
jury they must came fa as evidence, and
must be proven. Mr. Hirris withdrew
the profer of tho ordinances, and naia
portion of the charter instead.
He contend d: hit O’Conner was aoting
uader bis lawfal duty. That all that
oanld be proved wa3 an assault and battery
on the deceased, and that this was in the
commission of a lawfal act.
After citing bis authorities, Mr. Harris
was followed by Solicitor General Bart
lett. He said that be approaahed the
case with caution, as a poor, unfortunate,
lowly and humble old negro man bad
come to his death at the hands of a white
official of this oity, and that If a crime
had been commuted, he hoped punish
ment might follow the Bams as if it
was the cass of a high and wealthy man.
Hecame simply to ask for justice for the
humble old shoemaker. He came not for
blood, but for justice only.
Mr. Bartlett made & brilliant opening
speech, which embraced broad and high
principles. The evidence was closely dis
cussed and authorities cited and com
mented upon. He suspended for dinner,
after which hie argument was resumed.
He made a very gallant effort, and was
eloquent in his vindication of the law.
Col. Sam. Hall followed for the Slate
in a more calm and dispassionate speech,
in which the cass was eifted in all its
bearings.
CoL C. J. Harris closed the case in
vindication of the prisoner.
Judge Simmons made the following
impartial, clear and able charge to the
jury*
Gentlemen of the Jury : The grand
jnry of youroounty have indicted the de
fendant, Jerry O’Conner, and charge him
with the crime of murder. They eay
that on the second day of February, 1879,
the defendant, with a policeman’s clab,
fctruck one Samuel Franklin on the head,
and that from the effect of a blow given
sail Franklin, that he died, and that the
defendant is guilty of the crime of mur
der. The defendant denies this charge,
and :ej s that he is not guilty of the of
fonae charged against him, nor of any
otbor offense—that he was a police offi
cer of the city, and was acting in the dis
charge of hia official duties in arresting
Franklin, and that if he struck him the
How of which ho died, it wa3 done in
the performance of those duties, and
that he is not guilty. He also says that
Franklin did not die of the blow. .Thia
is the i3*ue which you are to try, under
the Snitructiocs which I will give you.
The proof of the charge iu criminal
prepa involves the proof of two distinct
casjEeitions—3rot, that tho act itself was
done, and secondly, that it was done by
the person charged, .and by no one else.
Tne State must peeve evsry material al-
legation in the £11 of indictment. It
must_ prove that-.on ot about the day
mentioned in the indictment that Sam
Franklin waa killed, and that the killing
was done b J. the prisoner. When the
State proves the killing the law presumes
it felonious, until the oontrary appears,
from circumstancas of alleviation, excuse
or justification- and it is incumbent on
the prisoner to make out such circum
stances to the satisfaction of the jury,
unless they arise out of the evidence pro
duced against him by the State. These
are the general rules in cases of homi
cides. I will now prooeed to give yon
the law in relation to the particular of
fense charged in the indictment The
Code of Georgia says that "murder ie
the unlawful killing of a human being in
the peace of the State, by a person of
sound memory and discretion, with
malice aforethought, either express or
implied.” To constitute the crime of
murder, there must be an unlawful kill
ing, and it must he doae with malice
aforethought. A .certain state of the
mind constitutes malice. Ic is an inten
tion to kill under such circumstances as
would not justify the kilting, or in any
way excuse the act of the killing,should it
occur, in pursuance of the intention.
Whenever a killing by unauthorized vio
lence is shown, the law presumes that it
was done with malice of a forethought,
and denominates it murder, unless the
accompanying proof shows that it was
dona without malice.
Express malice is that deliberate in
tention unlawfully to take me life
of a fellow-creature, which is manifested
by external circumstances, capable of
proof—such as lying in wait, preparation
to commit the crime, previous grudge,
threats, eto.
If express malice is not shown, the law
implies it, where no considerable provo
cation appears, and when all the circum
stances of the killing ehow an abandoned
and malignant heart.
Thedeiiberat malice—as if a man shoots
into a crowd without provocation, and
kills a person, malice will be implied, or
if yon meet a man upon the street, and
take a club and kill him without provoca
tion, malice will be implied, because th'e
act shows an abandoned and malignant
heart.
These are the (definitions of the crime,
with which this defendant is charged in
the indictment. Take them and apply
the evidence to them, and eay whether he
is gnilty of mnrder. [charge yon that
if yon believe that this defendant was
a police officer of this city ho had
a right to arrest Franklin if he had
committed a crime, or wa3 attempting
to commit ono when arrested, or if be
had violated any of the criminal ordi
nances of the city and the defendant
knew of it. If, however, ho had com
mitted no crime, nor was not attempting
to commit one when arrested, nor bad not
violated any of the criminal ordinances of
tho city, and that the defendant knew
that he hau not, then the defendant had
no right, to arrest him, and Franklin had
a right to escape, if be could do so, with
out committing a crime himself. If be
had committed a crime, amounting in
law to a felony, then defendant had a
right to arrest him and to prevent his es
cape. If, in his endeavors to eecape, it
became absolutely necessary to kill him
in order to prevent it, then he had the
right to kill him. Now, examine the
evidence and see whether or net Franklin
had committed a felony—that is, a crime
wbicb, upon codviction, would have sent
him to the State penitentiary. If he bad,
then say, from the evidence, whether he
endeavored to escape from the officer. If
he did, then say whether it was absolutely
necessary for tho defendant to have
struck him a mortal blow (if he did
strike) to prevent bis escape. If you
find all these in the affirmative,
then you ebonld acquit the prisoner.
If yon find, from the evidence,
that none of these things are true, that
he had violated no law, then you should
not acquit, but go further, and see from
the evidenoe of what crime he is guilty—
nnder instructions which I will presently
give yon. If you believe that Franklin
had not committed a felony, then look
into the evidence and aee whether he was
guilty of a misdemeanor, or had violated
any of the city ordinances. If he was, or
had, than the attendant cad the rignt to
arrest him, bnt conld. not use the same
force to prevent his escape as if he had
committed a felony. "In misdemeanors
it would be murder to kill the party ac
cused, for flyiag from arrest, though he
cannot he overtaken, if it appears that
the killing was intended.” Look into the
whole evidence and eay whether Frank*
lin had committed any offense, and if he
had, apply rhe above rules, and eay of
wbat t flense the defendant is gnilty. If
yon believe from the evidence that the
deceased had committed no offense
against the law, and if yon believe far
ther that the defendant Rtrnck him a
mortal blow, intending to kill him, then
he is guilty of the crime charged in this
indictment, and yon should so find. If
you believe, however, that Franklin wa3
not guilty of aoy offense, but that the
defendant struck the mortal blow with
out any intention of killing him, then
defendant is not guilty of murder, bnt
msy be guilty of manslaughter, a* you
may believe from ihj evidence. Man-
slaughter*is ol i»o kinds, voluntary and
involuntary. Code, sections 4324 acd
4325. * * • # • •
To reduce the homicide from mnrder
to manslaughter, there must ba some ac
tual assault upon tbe person killed, cx
au attempt by tbo perron killed to com
mit a serious personal injury on tbe per
son killing, or olhor equivalent circum
stance*. to justify tha exoitement of pas
sion. Examine the evidence and tee
whether Franklin made an assault upon
tbe defendant, or whether he attempted
to commit a serious personal injury upon
the defendant. If the did either, that
would reduce the offense from mnrder to
voluntary manslaughter, or if there were
other equivalent cirocmstanoea to jus
tify tne exoitement of passion,
and to exolnde ell idea of deliberation or
malioe. If there were such circum
stances, and they were equivalent in
their nature to an assault or an attempt
to oommit a serious personal injury, or
anything of that kind that wonld justify
the exoitement of passion, that wonld
also redooe the offense from mnrder to
manBlangbter. Yon are to judge of this
from the evidence, and say whether he ia
guilty of voluntary manslaughter or not.
If yon believe that bo is neither gnilty of
mnrder nor of voluntary manslaughter,
then yon may pass on to involuntary
manslaughter.
(Bead Code, rection 4327, as to invol
untary manslaughter.)
In regard to this section I obarge yon
that if yon believe from tbe evidenoe that
Franklin had not violated any orlmlnal
law of tbe State, or any of the orimlnal
ordinances of the city, then the defendant
had no right to arrest him, and if he did
arrest him it was an unlawful sot; and if
he struck him a mortal blow while undar
this illegal erres’, aud Franklin died from
said blow, although the defendant had no
intention to kill him when be strnok him,
then ha is guilty of involuntary man
slaughter in the commission of an unlaw
ful ao’, and you should so find. .
If, upon the other band, yon believe
from the evidenoe that Franklin had vio
lated some of these orimlnal law* above-
mentioned. then the defendant ihsd a
right to arrest him, and if he etruok
Franklin a blow, of wbioh be died, while
thus under legal arrest to prevent his es-
oape, but that he did not observe neoessa-
ry discretion end oaution in striking the
blow, then ho is guilty of involuntary
manslaughter in the commission of a law
ful aot, without due oantton and otream-
npeotlon, and yon should ao find.
If, however, you believe from the evi
dence that he did nse'-dae caution and
oiroamapeation In striking tbe blow, then
he is not gnilty, and yon should ao find.
(Bead Code,|aeotioa 4330, as to justifiable
homicide.)
These charges are all given yon upon
tbe theory that you believe that Franklin
died from tbe blow. If yon believe that
be d d not die from tbe blow I mi from
some other eanse, then yon need not go
any farther, bnt should acquit the defen
dent.
In making up your verdiot yon should
not go omstde of the evidence sworn to
on tbe stand. Do not go into apeonlation
or presumption about the oaute of the
d-atb, but confine yourselves as you bave
■worn to do to tbe evidenoe.
The State most show that the defend
ant is quilty beyond a reasonable doubt-
If after a fair and impartial investiga
tion of the whole evidence, your minds
are unsatisfied, wavering and unsettled
and you cannot come to a conclusion, that
is the doubt of the law, and yon should
acquit. If your minds are satisfied ,then
you ought to convict of whatever offense
yon think he is guilty.
In all criminal trials in this State, the
prisoner has a right to mako his state
ment, not nnder oath, to the jury. And
the jnry has a right to give his statement
just such force as they see proper.
You may believe the whole of it, or
you may disbelieve it. You may believe
a part and reject a part, just as you see
proper.
If you find the prisoner guilty of mur
der, and think he ought not to suffer the
extreme penalty, you have the nght to
recommend his imprisonment for life In
the penitentiary. In that event your
verdict trill tin *‘Wu tho jury find the
prieoner guilty, and recommend he be
imprisoned in the penitentiary for life.”
If yon find him gnilty, and think he
ought to suffer death, then yonr verdict
wiU be: ‘‘We, the jury, find the prisoner
gnilty.” If you believe that he is not
guilty of murder, but that he is guilty of
voluntary manslaughter, then your ver
diot will be: “We, the jury, find the
prisoner gnilty of voluntary manslaugh
ter.” If you should believe that be is
not guilty of that offense, but of invol
untary manslaughter, you will say:
“We, the jury, find the prisoner
gnilty of involnntary manslaughter in
the commission of an unlawful act;” or,
"’we, the jury, find htm guilty of invol
untary manslaughter in the commission
of a lawfal aot, without due caution and
circumspection.” Or, if yon believe him
not guilty of any of these offenses, then
find him “not guilty.”
I have now performed my duty to the
best of my ability, solemn and responsi
ble as it has been. The issue is now
with you. Take it and give it your earn
est acd prayerful consideration, and if
you honestly aud conscientiously believe
the prisoner guilty of any offense, say so
by your verdict. If you believe he is not
gnilty, bo disolose it.
At ten minutes after six o'clock the
jury retired, and np to the time of going
to press this morning had not made np a
verdict, and the spectacle of another
mistrial in an important case seems in
evitable. The evidence is clear and the
charge fair and impartial, and to the
general pubiio it appears that a verdict
should be made np. The conduct of
juries in Bibb county indicates a fearful
demoralization in the system of the ad-
ministration of the law. Trial by jury
ia designed to give, impartially, justice to
all by putting the judgment ef twelve
men in tbe balance against that of one,
whose opinion might be biased, or whose
prejudice might have sway over his rea
son. Trial by jury ia Bibb county, how
ever, is becoming a farce, and until juries
know that they themselves will
be tried at the bar of publio
opinion for their failare to enforce the
law, and made amenable at that tribunal
these snuoyanoes of mistrials will con
tinue, and the ends of jastioe be defeat
ed. The piaciico hsa become a disgrace
to Ibis county, and tho remedy should be
applied. We hope Judge Sim mous wil
k< ep the jary oonflusd to the limit of tbe
law, and at least let them have ample op
portunity to o insider the matter,
before them. With the legal alternatives
before them, it certainly seems as if a
vetdio: oould bo made up.
During tbe eignment of oounsel for
tbe State Mr. O’Oonner was carelessly
reading tbo New York Herald, perfectlv
nnooiicernsd apparently about tho pro
ceedings going on. He was at tended
throughout tbe trial by bis wife.
TheFunRY Sids of the Alston Trag
edy.—It has been truly said that there is
but a step from the sublime to the ridic-
uloup, from tragedy to farce. This was
illustrated for tho hundredth time on
tbe day that poor Alston fell.
A young man from tbo country waa in
the ante chamber of tbe Governor’s re
ception room waiting to present a peti
tion to his Excellency when tile firing
began. Almost crazy with excitement!
and alarm, tbo youth thrust bis head
through the plate glees of a large window
in hia frantic efforts to escape, and then,
horrified at tho accident, dashed down
stairs and secreted himself so effectually
that bo was never seen afterwards. It is
said tbe affrighted youngster waa certain
he would be sent to the penitentiary for
the offense he bad committed, and will
never venture to Atlanta again.
His blank consternation, supplemented
by real terror, at the bloody spectacle be-
liw, wai ludicrous in the extreme.
A Sj5Ni.T0RiA.tj Caucus yesterday morn
ing nominated John C. Burch, editor of
the Nashville American, Secretary of tbe
Senate, and Bright, of Indiana, Sergeant-
at-Arme. Burch ia a Georgian, and was
long a citizen ef Macon, at one time, we
believe, connected with the Telegraph
newspaper.
Cube or Iimnzuoi.—Mrs. Dr,
Helen A. Heath delivered a leolnre in
New York, tbe other day, on Dipsomania
acd a oertain cure for it reaantly discov
ered by Dr. DTTnger, of Chioago, In
Chineona JSubra, a bark found in Peru,
and prepared for tbe pnrposa by the doc
tor. Another oertain cure for intemper
ance in the use of ardent spirits ia to ex
tend the lima between drinks and redaoo
their volume gradually until brought
down to helf an onnoe per day. Others
bave bsen known to avoid drunkenness
by letting them alone altogether.
Prof Buhner on the Silver Law.—Prof
W. G. Sumner’s first lecture on finance at
Hartford, Conn, treated essentially ths
rudimentary elements of the subject, but at
the oloae he referred, to the silver law in the
following words: 'Hold and silver are both
needed, but in different 00untrie*. If let
a’one silver will regulate i'eelf so that secon
dary nations will taka it, and those of higher
development will take gold. We are tbe
one great nation that agreed to sooept sliver.
Our laws, as they stand on the silver ques
tion, threaten the failure of resumption and
depredation qf the standard dollars to a sil
ver valuation. The worst possibilities cf
laws aow in foroe are not yet shown, for the
silver is being piled np In the treasury, but it
is liable to oome out. There is no doubt of
the ultimate future of Am erics, with its
great gifts of nature and its energetio peo
ple. Of all the obstacle! in the way of pros
perity, of HI that eheoka hops, tho silver
legislation of the oountry la the most dis-
couriging, most erroneous and dangerous-
—Mr*. Hicte-Lord lain Georgia, ao say
the Baltimore Sun.
—It is reported that Emperor William, ad
dressing a high imperial funetionary, add:
‘It la in Parliament that, for the first time, I
have lost a battle.’
BY TELEGRAPH.
Lisbon, March 20.—Pinto, a Portu
guese explorer who has arrived at Preto
ria, telegraphs to. the Portuguese Gov
ernment as follows: “In concluding my
journey across Africa, I struggled with
hunger, thirst, the natives, floods aud
drought. I bave saved all mj papers,
twenty geographical charts, many topo
graphical maps, three volumes of notee,
meteorological studies, drawings, and a
diary of the complete exploration of the
Upper Za tubes', with its seventy-two
cataracts.”
London, Maroh 20.—The preface of
M. Jules Ferry’s education bill, brought
forward in the Chamber of Deputies,
states that, aooording to the existing lews,
foreigners are not allowed to teach in
Frauoe, and declares (bat the same ex
clusion should apply to an order essen
tially foreign by the obaraoter of its doo-
trines, its nature acd aim and Us stat
utes.
The Paris correspondent of the Times
remarks that this passage, of course, re
ferred to the Jesuits, who have twenty
seven oolleges in France, with 848
teaobers. Twenty-six other oommunities,
having sixty-one establishments and
1,089 teaohers, are also nnreoognizsd by
tbe State, and they trill consequently be
deprived by the bill of the right of teach
ing.
It is presumed that if the bill passes
tbe disqualified orders will transfer their
establishments to those reoogntzsd by
law; but there will be a bitter struggle
before the claase becomes a law.
Washington, Maroh 20.—A caucus of
Democratic Senators thia morning nomi
nated Colonel John C. Burch, of Tenses*
see, to be Secretary of tbe Senate, The
result waB reached on tbe fifth ballot,
when Burch received 24 votes; Henry
Watterson, of Kentacky, 13; ex-Con
gressmau Stenger, of Pennsylvania, 1;
ex-Congressman Franklin, of Missouri. 2;
Watterson received 19 votes on the first
and second ballots, and thus came within
two votes of obtaining the nomination—
there being 40 Senators present at the
caucus.
The oaucuB will reassemble and ballot
for tbe remaining cfilters after the Sen
ate adjourns this afternoon,
The complete vote on the first ballot
was: Watterson, 19; Burch, 6; ex-Sena-
tor Dennis, 6; Franklin, 2: Stonge-, 1;
ex-Congressman Waddell, of North Caro
lina, 3; Professor McMahon, of West
Virginia, 2; Farcell, of New York, L
Total, 40.
Tne only Democratic Senators absant
were General Gordon, who is ill, and
General Haumton, who has not yet ar
rived from Sonth Carolina.
In the Senate, after prayer by the
Chaplain, and the reading of the Journal
by the Secretary, Mr. Wallace moved
that the Senate adjourn. He withdrew
the motion at the request of Hr. Anthony,
who moved when the Senate adjourn that
it adjourn to Monday. This was dis
agreed to and the Senate adjourned nntll
to-morrow.
In the House—After the reading of the
journal, McMahon, of Ohio, called up a
petition of certain citizens of Cincinnati
in relation to the election of Batterworth
and Young, of Ohio. Tho debate whioh
followed, was principally oonfined to the
discussion of the respectability of the
memorialists. A resolution was adopted
referring ths whole matter to a Select
Committee of seven members with leave
to sit during the recess, etc., and direct
ing said committee to inquire into tbe
operation of tho supervisor’s law in Cin
cinnati at the last election. The House
then, at one o’clock, adjourned, and the
Democratic :aucus, was announced to
take place immediately.
B. J. Bright, of Indiana, was nomina
ted for Sergeant-at-Arms of the Senate,
on tho third ballot in the Domocratio cau-
18.
New York, Maroh 20.—Next Saturday
evening a running match is to take place
between Little Simpson, one of Howell's
trainers, who has a ten mile reoord of 57
minntes and 20 seoonds, and Norman
L'aylor, of Vermont, whose record for ten
miles is 68 minntes and 6 seoonds, and
for 20 miles is 2 hours, 3 minutes and
6 seoonds, and Joseph Owen, of Freder
icksburg, Virginia, whose best ten mile'
record ib 09 inmates and 4G seoonds.
The first man is to ran 10 and tho others
20 miles.
President Jewett, of tho Erie Railroad,
douiesthe rumors said to have originated
in London, that tbo company is applying
or proposing to apply, for a new Ioru.
Washington, March 20.—Bev. Joseph
G. Bullock, of Alexandria, Virginia, was
nominated for Chaptain of the Senate.
A caucus of the Denaocratio members
0! the House of Representatives was held
to-day for tho purpose of considering
the order of business, and the measures
to be taken during the present extra ses
sion of Congress. The sentiment of the
caucus, as far as developed, favored con
fining tho bnsinesB to the pending appro
priation bills. There was no dissent
whatever to tbe adoption of the provis
ions similar to these heretofore attached
to these bills, namely, the prohibition of
troops at polls on election days, the re-
pial of tha jurors test oath, and employ
ment of supervisors of elections. The
question whether such provisions should
Coanan's Compound Hoseyof Tar hu been
ao Ion* and favorabl- known that it needa 110
encomium. For coughs, colds, sore throat
hoarseness, etc., it affords speedy relief, and is a
moat pleasant and efficacious remedy, honey and
tar being two of its mgred tents. Tho skill of the
chemist, and the knowledge of a physician were
united In Its preparation, tne result being a com
pound which ia the favorite remedy in this se
vere climate, and has no equal as a cure for
nought, colds, hoarseness, bronchetia, croup eto
Use Cousaens’ Hooey of Tar. Price SO eanta.
For sale bv Boland B Hall draggiat.
The indebtedness of the diocese in equi
ij, does no amount to more than one mil
lion.
Fboyidinc*, Maroh 20.—The Repub
lican State Convention met thia morning.
All the towns were represented. The
present inoumbect 3 of State offices were
nominated for re-election by acclama
tion.
Cinoxnnatz, Maroh 20.—The Republi
can eonvention, this meriting, Lomiimted
Charles Jacobs for mayor.
New Oblzanb, Maroh 20.—To stop a
growing panto, following the late suspen
sion of the Southern Bank of New Or
leans, the Mechanics’ and Traders’ Bank
and twe savings bank?, all ths other
banka, thirteen in number, composing
tbe olearing-houBe association, agreed to
make certification of cheoks drawn
against them tbe basis of business be
tween themselves and with depositors.
Collections for distant customers, how
ever, will be remitted for as heretofore,
in currents checks on New York. In
effeot this action involves only local inte-
reata here, and baa checked the panic, the
pretext for whioh will be entirely re
moved In a day or two, when ourrenoy
arrives whioh ia already ordered from
New York. The banka held thia morning
about 92,200.01}0 m legal-tender notes
and |3,000,000 in right exohange on New
York, exolosive of their portfolios, with
wbioh to meet aboat 910,000,000 due to
depositors. Moat of the banks to-day
received more ourrenoy from depositors
than they paid out.
Washington, Maroh 20.—The Oliver-
Cameron case waa continued to day, Mr.
Butler still oroaa-examining the plaintiff.
Her testimony varied little, if any, iu its
reoital of alleged wrong and outrage.
Sr. Louis, Maroh 20.—'Tha news of
tbe bank at New Orleans had compara
tively little effeot on change here, other
than in the Soutbern provision jobbing
trade, which was somewhat depressed,
owing to the belief that monetary affairs
in New Orleans and adjacent towns,
which do their badness through the New
Orleans bank, wonld be at least tempora
rily disabled. Tbe general business of
this oity and the banks here will not be
affeoted to any appreciable extent.
London, March 20.—Prince Gortecha-
koff, in a dispatch dated February 7th,
answers Lord SaliBbary’s dispatch of
January 25 th, pressing the exeention of
the treaty of Berlin by Russia. Gorts-
chakoff declines to enter upon a useless
discussion. He holds that Salisbury’s
dirpatch contained nothing which con
flicts in prinoiple with tbe BuBsian view
of the execution of the treaty of Berlin,
but it shows that the British Government
has been sometimes mistaken in regard
to the intentions of BusBia and her agents.
The latter, he says, must support within
the limits of the treaty of Berlin the in
terest of the population for whose de
fense Bussia made the war. A general
understanding would be greatly facilita
ted if those populations acquired tbe con
viction that their interests wonld be
effectually defended by Europe, within
the same limits, when the Russian
troops were no longer there to protect
them. All that the British Government
and its agents can do to induoe in them
confidence, moderation and resignation,
and thus affect the equitable and pacifio
execution of the treaty, will meet with
Bnssia’s co-operation.
Versailles, March 20.—The Chamber
of Depntics has declared valid the elec
tion of M. Paul de Caasagnac. The Cham
ber .to-day elected tha committee on
Minister Ferry’s higher education bill.
All the members of the committee ex
cept two are in favor of the measure.
Paris, March 20.—A decree, pardoning
one hundred and twenty more of the
Communists, willbesignea to-morrow.
London, Maroh 20 —A Beater’s dis
patch from Cairo, say a the Khedive has
yielded to the demand of Mr. Bivers,
Wilson and M, Da Bliznieres for the re
tention of Biaz Pasha, as Minister of the
Interior. The crisis is thns virtually en
ded.
Berne, Maroh 20.—The Swiss state
council, by a vote of 27 to 15 has resolved
to restore capital punishment in Switzer
land.
London, March 20.—A statement is
published here that the betrothal of the
King of Spain to Princess Marie, daugh
ter of Count De Paris, has been an
nounced. Inquiries at Paris and Madrid
Tilion- (L.( nn -nnh nrninnmv»rnnnt has
-been made in any anthorized quarter,
but tbe event is regarded as ultimately
cot improbable.
Beblin, March 20.—The Socialists
have resolved to introduce a motion in
the Beichstag oalling upon Bnmarck to
cause a suspension daring the parlia
mentary session of the proceedings in
stituted in the Berlin criminal court
against Deputy Fritzobe.
London, Maroh 20.—Banter’s Telegram
Company oorreots Us previous dispatob
from Madrid in regard to the coming
eleotiooa, by stating that the state of
siege will be raised. A decree to tbat
effeot ba? been published.
THIS GEOUU1& PRESS.
A Cheerful Outlook F)S Savannah.
The News says :
The present ootton season is about
drawing to a close, and already are tbe
proepeots of tbe approaching business
year being disouised. We have no fanlt
- , ... ... - . .. .... to find with tbe results of this season.
be attached to tho appropriation billsor J B ng j nes3 generally bas been good, and
embodied in independent bills, together onr ootton reoa , pl ;J pUa68 M ia the lead
with the order o: business, was referred of al , porl8 wilh tha exoept j oa of New
to a committee of eleven, to be appointed Orleans, and show a decided increase
by tho chair, who will confer with the over previous years. Tha result! have
caucus committee of nine of tha Senate,
and report to an sojourned meeting of
the caucus.
New Orleans, March 20.—Tbe special
diepatch to tbe Times from Marshall, Tez
as, eays: That last night after tbe
Ward-Barrymore Combination had fin
ished playing, the company went to the
depot to wait for a train. Maurice Bar
rymore, B. C. Porter and a fomale at
tache of the combination, were in a lunch
room, when Jamea Carrie, a detective,
entered and made slighting remarks
about the lady, to which exception was
taken by Barrymore and Porter. After
some words, Cnrrie drew a pistol and shoe
Porter in the abdomen, killing him in
stantly, then turning he shot Barrymore
through the elbow, the ball coming out
under the left shoulder,making a severe,
if not dangerous wound. Poster and
Barrymore wore unarmed. Carrie has
been placed in jail.
Charlottesville, Va., Maroh 20.—
Monticello, the residence of Thomas Jef
ferson, was sold to-day, in partition be
tween the heirs of the late Commodore
Uriah P. Levy, to Jefferson M. Levy, the
principal heir, for ten thousand and fifty
dollars.
Lynchburg, March.20.—The following
additional county judges were indicted
thia afternoon: Parish, of Appomattox;
Hill, of Buckingham, and Bowles, of
Flu-anna.
Richmond, March 20.—The Hnstiogs
Court was engaged for several hours to
day in an effort to make np a jury in the
case of John E. Poindexter, charged with
the murder of Curtis. Only one juror
was obtained out of one hundred tales
men. ;
Providence, B. I, Maroh 20.—The
Democratic State Convention made the
following nominations for State officers:
For Governor, Thomas W. Segur of
Westerley; Lieutenant Governor, J, D.
Bailey; Secretary of State, David S. Ba
ker, Jr.; Attorney General, Charles H.
Page.
Cincinnati, Maroh 90.—A letter to the
public from Archbishop Purcell is pub
lished this morning. After reciting the
struggles of his early life, his removal to
this diocese, the necessity of going into
debt to provide for the want* of the dio
cese, eto., he dwells on his present finan
cial troubles. He states it can oe safely
said, tbat not more than fire hundred
tbouEand dollars was in money deposited,
the rest bring results of compound iater-
est. As proof, he cites an instance whioh
occurred yesterday, where a creditor call
ed with a claim for $1,100. In presenting
it, he admitted that. {800 of it was inter
est, and expressed a willingness to ac
cept three hundred dollars, the amount of
original deposit. He claims that hun
dreds of claims are of the same nature.
stimulated oar enterprising business men
to greater exertions, with the firm belief
that much more cm yet ba done, and
with the opening of the new season Sa
vannah will poB3eis advantages possessed
by no other Southern port.
Six new ootton presses bave been or
dered, two 63ch for the Gordon, Central
and Tyler pres? ompanies, aud Savin•
nab will be ready to meet any farther
laoresse in her ootton business. We re
gard with pride and the greatest satisfac
tion the progress of Georgia’s chief sea
port.
The will of the late Col. N. B, Knapp,
of Savannah, will bs contested by hie
adopted daughter and sole heir-at-law,
Mint Carrie Clifford Knapp. She is six
teen years of ago, and applies to the
Court to have Judge William Schley ap
pointed her guardian ad litem, A caveat
to the will, whioh has been admitted to
probate, has been filed. Col. Knapp left
a large estate.
One of the landmarks of Savannah is
the Chatham Academy, whioh wsb incor
porated in 1788.
The bankrupt roll since the lari report
for the Southern District of Georgia is as
follows: * .
Henry Wcoheler, Americue, Ga.; Alien
Fort, solicitor, Americas, Ga. Wm.-J.F.
Mitchell, Taylor county, Ga.; Blandford
& Garrard, solicitors, Columbus, Ga. Bob-
ertL. Kite, America?, Ga.;N.O. Smith,
solicitor, Americas, Ga. Wta. M. Her
rington, Lawtonville, Ga.; H. C. Gliason,
solicitor,Lawtonville, Ga, Henry White,
Waynesboro, Ga.; H. H. Perry, solicitor,
Waynesboro, Ga. Bobert J. Morrisqn,
Augusta, Ga; S. A. Corker, solioitor,
Waynesboro, Ga.
What is Said Abroad.—Atlanta In
dependent: Macon,Ga, Maroh 17.—The
case of A. F. Gibson, the murderer of D.
W. Coleman, of New York, resulted in a
mistrial. The jnry was out forty-six
hours.
The information contained in the above
telegram H a whole volume, and a very
large one at that on the injustice aud in
humanity of tbe people of Georgia. Gib
son, whose only character waa tbat of a
worthless, bad man, fills himself with
whisky, and plants himself in tbe streets
of Maoou, determined to kill hia man.
No wrong, real or fsnoied, impells him
to do the feed, bnt simply a desire to
shed human blood. Along oornes Cole
man, an inoffensive, quiet stranger, ia
the purault of his legitimate business,
and, without warning, ba in shot down by
tbe fiend Gibson, and now, in tbe week
following tho terrible tragedy at the capi
tal, a jury ia found with temerity enough
to agree to disagree in a ease of oold
blooded murder.
The above is no overdrawn piotnre.
We were In Macon at the time of the
Coleman murder, and know whereof we
speak.
Murder can be Checked.—The Borne
Courier says: The disposition to take life
can be checked very greatly by making
men pay the penalty of their crimes.
Dr. Tuoee&’s Talk in ths Christian
Index: Poa-ibly outlaws, and those of all
the States, may be at fault in this: that
in their great regard for hu man life and
liberty, they have required a kind and
degree of evidence whioh is almost im
possible to obtain; and have so arranged
the machinery of trial as to give too
much advantage to tbe accused, leaving
many loop holes of escape; so that a jury
without violating their oaths may legally
acquit the guilty. Thus the penalties of
crime become so uncertain that they
oease to prevent it. Thia defect in our
laws, if it exists, is one which leans to
mercy’s side, and for that reason we are
reluctant to aaeail it. On the other hand,
it is to be remembered that there is the
same reason for making laws effeotive ae
there is for laws. Of what use is it
to enact severe penal statutes, and then
so contrive the laws of evidence and of
trial, as to make those statutes inopera
tive? So far as crime results from im
perfection ef law, the legislators must
share the blame with those who sin and
suffer. But does the guilt stop here ? Are
the legislators supreme? Are they re
sponsible to none? 1 he legislators are
just as wise and good as tbe people make
them. Quifacitper alium font per se. In
this country, at least, legislators are but
the agents of the people, and the people
are responsible for all that ia done by
their servants. If then the gnilty escape,
it is because the state of the public
mind countenances laws that allow them
to escape. If then, others seeing that law
may be violated with impunity, oommit
additional crime, the people who virtual
Iy encourages them in -it, are pcurliceps
erimxnit.
The Hinesville Gazette,- now eight
years old, is a sprightly, newsy weekly,
and its editor, Mr. 8. D. Brad well, is one
of the most talented and useful citizens
of Liberty county.
Forward.—Hinesville Gazette: Oar
farmers are busy planting corn. On tbe
uplands many have finished planting not
only their corn and cane bnt rice also.
Somebody Ought to be Hung.—Mon
roe Advertiser: The hanging of a few re-
speotable white men m Georgia would,
m our opinion, have a beneficial effeot;
provided, of course, the hanging were
deserved, and it is not a difficult matter
to find guilty persons. The lesBon must
be taught that crime must be punished,
noxnatter how respectablo the party who
commits the offenses.
The Georgia Pharmaceutical Associa
tion will meet in annual session in Savan
nah, early next month.
Must be Sold.—The order granted by
Judge Pottle restraining the sale of the
Macon acd Augusta Bailrcad has, after
argument on the bill of injunction prayed
by the stockholders’ attorney, been dis
solved, and tbe injunction refused. The
road will therefore be sold by the Georgia
Bailroad, thtoagh its trustee. Judge Wm.
M. Beese.
Kate Southebn.—Butler Herald: We
are informed by Col. C. B. Howard that
MrB. Kate Southern will move to his
camp, near Bsynolds, on the 1st of April,
and will be kept in his house as a domes
tic.
Busied Gold.—The good people of
Washington county are considerably
stirred up over a report that $80,000 in
gold was buried during the war in a hole
in Newford Creek.. There will be a wild
hunt after the lost treasure.
The Foboe of Example.—Southern
Watchman: An esteemed friend, in wri
ting te us the other day, mentions a very
singular attempt to murder a young man
named S. H. Shirley, son of Charles Shir
ley, Esq., living near Tallulah Falls, in
Habersham county. The assailant was a
young lady about 17 years old, who sta
ted to young Soirly, after having twioa
attifinpted to shoot him. that she was in
love with him, bnt saw no prospect of
securing him, and so she bed determined
to kill both him and herself. The pistol
she used war one she had borrowed from
Ur. Hbirley a tew days before the occur
rence. Our informant does not state
whether any legal proceedings have been
inatitnted or not.
Almonds in Georgia.—Thomasville
Enterprise: The almond tree in Judge
Hopkins’ yard, now three years old, is
literally full of frnit. The almonds are
about half an inoh in length, and grow
ing finely. This is the scoond year the
tree has fruited, bearing a few last year.
Of these the Judge planted two or three,
aud they are oomtng up nioely. There is
little doubt that the almond will do as
well with us as the peaob.
The Mitchell House in Thomasville is
still well filled with guests.
Governor Colquitt will attend the
spring meeting of the Thom Seville Fair
Association, and deliver a Sunday sohool
address.
Mb. Allen Spear, ofDcoatnr county 4
is dead.
Cotton and Ccbn Up.—The Enterprise
says: Quito a number of farmers have
corn np, and some doubtleea have cotton
np, as we have heard of several tbat had
commenced p’anting a week or ten days
ago.
Mb. Anderson W. Walton ha3 been
eleoted Ocdicaiy of Biohmoni county to
fill the vacancy caused by the death of
Judge Both well
Augusta has received 156,187 bales of
cotton thia season.
Death of Mbs. M. E. Green.—Griffin
News: Her many friends will regret to
learn of the death of this estimable lady
which oocurred at her residence in West
Griffin yesterday morning at one o’olock,
after a protraoted illness.
Mb. Tilden has been invited to speak
at the State University. The TPafckma*
eays :-
We learn that the literary societies or
the State University have eleoted Hon.
Samuel J. Tilden to deliver the annual
address before the soeietiea next eom-
mencement. We do not know whether
Mr. Tilden ha* acaepted or not, but it is
thought that as he has accepted a similar
invitation from a North Carolina college,
he will also accept thia,
Eaelt.—True Southron: B. G. Owen
is now enjoying the luxury of this year’s
raised Irish potatoes.
Did he raise them is a barrel ?
In Honor is not woe his Honor.—True
Southron: Last Friday we had a mess of
Kqgfrish peas, but they were raised by
Mrs. A. Hood, not Judge Hood. We make
this statement because we know that to
Mrs. Hood is due the credit instead of to
the Judge, ai eomaol our exchanges seem
to think. The Judge is the President of
the Randolph Agricultural Society, and a
good granger besides, but when it comso
to tarty vegetable* Mrs. Hood in the power
behind the throne.
“It is better to laugh than be crying”—
decidedly; and to enjoy yonr baby’s
laughing society use Dr. Bali’s Baby
Syrup which relieves the ohief discomfort*
of bibjhood without stapefyisg the ohil-
dree. Price 25 cents a bottle.
—The Pops bw bect?«auoh vexed at ths
Hwlth
nooe than he b««» present for hia personal
liberty and independence.
Florida’* , PsttoNEo Waves. —Tha Key
West figetts esye report* brought 17 th*
sponging ffastianm os that in the bay to
that shest of water exteadiag from tho Tor
tuga to Cape Florida, they found millions
of ,ths largest tposga floating upon the
water all pxrfecUy putrid, killed, as they
balter*, hr the poiwsoed water that not long
since dwtrojad mjriafis ol Sab.
qUWB r—~way wiDeeen
lobsoen; -Tfcuu tbv can ‘
SO&THOAIO
price
OLD LETTERS.
Sandenrilla Courier.] -
In au olden chest I found them,
Yellowed with the dust ot je»r« :
Tender memories hovering round them
Caused my eyes to fill with tes-s ;
For they called back happy moments,
Friends I’d known in brighter hours.
When I read these old-time letters
Culling memoo *s withered flowers.
Here’s a letter penned by flngere.
Now in eileat duit laid low;
’Bound its hallowed pages lingers
A loving voice ol long ago—
A gentle voice on breezes wafted
From time's dim and farther shore:
t Winther ihatluvod one has drifted—
Drifted to return no more.
Bead these letters, olden letters.
Always bright and now to me:
I have tried in vain to read them.
Bat for tears I cannot see.
Some are dim. some worn and tear-stained
Breathing sorrow’s plaintive tone;
Still 1’U cherish these old letters,
i To tell ot frienda and time* agone.
Decisions of the supreme Court
cl Georgia, Delivered at the
march Term, 1879.
Hams Building and Loan Association vs.
Cherry. Homestead, from Bibb.
Warner, 0 J It appears from the record
in this cas*. that W A. Cherry made appli
cation to the ordmaiy of Bibb county for a
homestead exempton for himself and fami
ly to oortain real property 1 herein deecribad
in the oity of Macon—that aaid property had
previously been mortgaged to tha Home
Building and Loan aesoo-ation by Cherry;
that he had been adj udicated a bankrupt by
ths United States district court; that tne
Home Building aud Loan association bad
foreclosed its mortgage and was proceeding
to sell the property, when Cherry obtained
an pjunotion was dissolved on condition
that the mortgagee should deposit the sum
of $2 000 in specie or its equivalent in the
register's office of the bznkrnpt court for
tbe purpose of purchasing a homestead for
the bankrupt and bis family, ebonld the
state 00art of ordinary, in which hie appli
cation was pending, aetermin he was enti
tled to it. Tbe fiz.oto waa deposited by the
mortgagee, and the property waa sold for
lees than the mortgage debt. After the sale
of the property. Cherry amonded bis appli
cation ana prayed that the ordinary would
set apart to him the 92,000 ordered to be
deposited in the reg ster's offio; by the bank
rupt oourt as before stated, ae hia homestead
exemption instead of the real estate claimed
iu hia original application, which had been
sold By consent, the case was taken by an
appeal to the superior court, and on the
trial thereof, the ja y nader the charge of
the court, found the following verdiot: "We,
the jary, find the petitioner is entitled to a
homestead of sixteen hundred dollars in
cash ” Xu an application for a homestead
the title to the property olaimed - s such is
not involved. (Newton vs. Summey. 59.b
Geo. Hep. 397.) The ordinary ha» no juris
diction to hear acd determine the qaeation
of title to real eBtate. Nor did ths oonrts of
this state have jurisdiction to set spirt th
homestead exemption applied for by ihe pe
titioner in hia amended application out of
the 91,000, deposited in the register’s office
ot 1 he bankrupt court in pursuance of the
order of tnat court, and'therefore the judg
ment of the court set iog apaxt any p itioa
of that deposit aa a homestad exemption for
the bsneflt of the petitioner.
1. et the judgment of the court below be
reversed.
Soott, adm niatrator, vs. Zachary. Ille
gality, fromHorkd&le.
Washes, O J.—This case oame before
the court below on an affidavit of illegality
to an execution, and on the tnalof tbe issue
formed thereon, the only question waa
whether the defendant had p&ia to the plain
tiff 9150.00, which had not been credited on
the ii. »a On the trial of that issue, the
joiy found a verdict in favor of the defend
ant.
The error of the law complains 1 of is
that tbe court allowed the witness, Overby,
to testify at the trial, that de'endant aaid
11 he had some money for plaintiff and went
off to hunt him up.” It does not appear
from the bill of exoeptions, or in the evi
dence itself, that the admission of this evi
denoe waa objected to by tha pl»i-tifr a: tbe
time of the trid, and thit being ao. it was
too late to object to ita admission aa error
here. The evidence being in conflict as to
the payment of the 92 0 00 on the fi. fa,
there was no error in overruling the plain
tiff’s motion for a new tria’.
Let he judgment of the court below be
affirmed.
White va. Grace et. al. Complaint, from
like.
Warner, O. J.—The plaintiff sued the de
fendant on au account ror 9216.1., and on
the trial of the ozee the Jury found a verdict
for the defendant. The plaintiffs made a
motion for a new trial on the qroonde there
in stated, which was granted, and tbe d -
fendant excepted The plaintiffs introduced
ths dtffendant
pfau-Titfa the”articles of the aooou-.it sued on,
<hat ne had a running aooount With.them for
years, hat he still owed 'hem, but did uot
kn w wbat amount, had made payments on
tbe running account at divers times, but did
not know wbst amoonts, dil not ihijk be
owed them as much as the aooou t eued on.
The price of arti lea contained ia the aooount
was affixed to each item, and when the de
fendant admitted that h9 bought cf the
plaintiffs the articles of the aooount sued on,
of which tbe price of the artiole8 was a part
thereof, he mu-.tbe understood as admatiug
that the account as it stood was co roct, at
least in the absenoe of any statement from
him to the contrary. If he had paid any
part of the aooount, that was a matter of de
fense for him to have shown.
Let the judgment ot the oourt below be
affirmed.
Coggin va. The Central Bailroad and Bank
ing Company. Cue, from Bibb.
HliOxlex, J —1. Can a chartered rai'road
company ao part with the control of ita hco-
moiivee and - are, run by Ibe Agency of steam
upon ita own road, aa not to be responsible
for personal injuries caused by the negligent
running of the same? Compare 49 Ga,
855. with 46 Ga., 417.
2. One of the railroad company’s ,en t i-
neers. running upon ilia company’s road, is
still ita servant while in its pay and liable to
beduchirged ly it, though in ruu ing ita
.ooomative and cars he may be temporarily
eu ject to the otdeis of a 1 legrapb compa
ny rt presented in tha immediate control of
the tram by one cf it? employees, ixcept
ae to tha aota and omissions dictated by ex
press order referable to the ^telegraph com
pany. the 01’gioeer mint ob .e ve the gene
ral law of diligence applicable to hia voca
tion ; snd his failare to do eo is negligence
imputible to his muter, (the railroad com
pany,) who is Ii ble for a personal injury
reaultiLg lhorefrcm to one of tha servants
of tha telegraph company rightfully upon
the train as an attendant or laborer.
3. A wntten contract with a telegrqh
oompany Is not, without some explanation,
to bs.treated aa a contract of a telegraph
company bearing a different name. Puma
fteie, the companies are not one and the
same, nor is tners tcy preeompt on that tne
oontraotaof the one havebeoome the con
tracts of the other. But where a contrast
is alleged ts mere inducement, and ia not
deeoribed as in writing, and ie not ot a clue
required to be in wilting, a p»rol contract
express or implied may bs provt d.
i. By consa idating with or absorbing tbe
Maocn and Western railroad oompany, under
tho act of 872 authorising the consolidation,
the Central Bailrotd and Backing oompany
became litble for answer for a breach oi du
ty ot the former oompany towards a. person
who wm rightfully upon cna of ita trains,
and who, while being carried ther ou. sus
tained a personal injury by reagoi) pf tneb
bf&ftch
Judgment reversed.
Baoon A Bntherford; E. F. Beet; M. J.
Clark*, for plaint ff in error;
B F. Lyon- for defendant.
Naw OeleaNs,'j’abruary 20, 1979.
The undersigned certifies tbat he held
for co lection for account of B. H. C.
Miteiell, Mitcbtlliburgh, Ky., through
L W. Prootor, ta-bier Central National
Bask, Dzoville, Ky., whdo ticket No.
47,018, single number, “Claes B,” in the
Louisiana State Lottery, whioh drew tbe
First Capital Prize of Thirty Thousand
Dollars, on Tuesday, February lltk,
1870; said ticket having cost tbe sum ot
Two Dollars at tbe office of tbe Company
at New 0.leans, being ant through cor
respondence addressed to X, A. Dauphin.
P. O. Box 693, New Orleans, La., and
that ths amount was promptly paid by a
check on the Louisiana National Bank,
on presentation of the ticket at the oSo*
of tne oompany. E. B. 8H03TE,
Exchange and Discount (Berk, Louisi
ana Nationsl Bank ot New Orleans, Ls,
mar 18 1-w
Morphia, Opium and remedies of their
class only stupefy and seldom cure. For
diseases ot Infancy use Dr. Ball’s Baby
Syrqp, whioh Msafeandanre. in its effects.
Prtoe 25 oseitt.
A OAKD.
TbaPokaare seAetafi fwtn the'-enurs
—The French Government has asked the
Chats her to authorise it to spend 400,OtO
franca in cleaning np tha fornutua of the
Elysee. and renewing part of it Of this
turn 287,000 francs wilt be spent in table
linen, glass, knives, forks, spoons, and
china. Since 1873 the wear and tear of the
Btste chattels in the palaoe of the Sxecu ivs
hae been very great.
Fro* Misbtbeist to ths Pulpit.—James
M Sutherland, known to ihethaauiosl world
as ‘Senator Bob Hart,’ minstrel orator, wm
baptized on Snudsy last at tbe Berean Street
Biptist Church. New York, ia oompany with
four other converts. He has raaounoed the
stage and is going to devote himaelf in tbe
future to the gospel ministry. His father
wm paraljzed a few days ago, and one of
hie brothers is a minister.
—The Emperor William visile 1 Field Mar
shal von Boon whan the latter lay dying.
He arrived unexpectedly, and von Boon,
who immediately reoogn'sed his sovereign,
pressed bis hand between bath his-own, and
(rXolAimed, ’Majesty what a pleat art!’ The
hmperor replied, ‘I have mtny reasons for
being gtateful to yon,’ and then, with tears
in hia eyes, took a touching leave of hie
faithful servitor.
—In a little speech In Fhiltdelph’a, the
other right. Col Forney said- ’Not many
years ago Iwm denounoed frem thirty pul-
pita In this city for advootting the right of
the working people to travel Incur oity ears
on Sunday, snd cow hundreds sod thousands
go to churoh in team on tha first day of the
week, and not a few of the clergymen who
upbraided me for aaking tht» common boon
go to worship ia their own oarrUges or in
those unholy passenger oars.’
—Secretary Sherman says he would like to
aee the Greenback iaene tMtsd in the Su
preme Court, m proposed by Gen. Bailee
and Mr Chittenden, but doubts whether it
can be does, ainoe the issue to be presented
would be fiotitious. snd he thicks the oourt
would refuse to adjudicate upon a preten
ded cause. He refers toaoMe promt *1
some years ago to the English Courts, end
whioh Lord Mansfield refuted to enterflHn,
upon the general ground tbat oourta wsrfc
created to decide between reel ti Jgauts, and
oould not be n?ed to decide upon flctUiony
cases, which wonld bs asking courts of law
to determine wagers.
Woman’* Biuh.-s—A grotesque illustra
tion of the extremes to whioh ‘women’s
rights’ may ba run was lately furnished, eays
tho New Yei k Times, in a legal complication
growing out of the refusal of Lucy 8toce,
wife of H. B. Blackwell, to assume her hue-
band's name To a deed from Mr. Black-
wall, in which bis wife was obliged to release
her rights of dower, the lady signed her
name thus: 'Lucy Stone, wife of K. B.
Blackwell.’ The purchaser of the property
thus oonveyed demurred to Ihe signature,
which he thought might cot give validity to
the instrument. Accordingly, m Mrs. Lacy
Stone, wife of H. B. Blackwell, firmly refus
ed to write her nuns otherwise, Blaokwell
and Wm. B. 8ton a ware compelled to exe
cute a bond to defend the property against
alt proceedings on the part of ‘r aid Lucy
Stone, wife of said Henry B. Blackwell,’to
recover her right of dower. This was a little
awiwark for tho meD, but Luo;- had her own
way.
— c U»-on, tho Bepublioin millionaire, who
assumes to represent one-half of Nevada in
the United 8tates Senate, ia the champion
salaty-grabber of the times. Sections 45 and
41 of the Bevies 1 Statutes mako it the duty
of the aerg-ant-at-arm® of ths Senate to
deduct from the salary of a Senator the tims
wbuh he is absent without leave, and they
provide also for a forfeiture of mitaage snd
travelling expenses wheret he member doesn't
return tohiB seat before adjournment. Sena
tor Sharon has been a membrr of tha Senate
for fonr years, and during that timo has at
tended Uc meetings of that body not more
than sixty days iu all. Two sessions, long
sessions at that, ha did not at ten 1 at alL
The other two regular sessions h3 attended,
spending about thirty days in Washington at
each time. He has drawn his foil pay with
great regularity, though, amounting in all
to abont $31,000. He has drawn mllleage to
the extent of about 91,200 a seaeiun, though
he has travelled the distance bu’.’twice and
back Some arrangement should be made
to require a disgorgement on the pirt of
Sharon. A Democratic sergeant-at-arms
will look after his 1 Hairs hereafter.
—The qu’ckest time ever mads across the
Contiueni was made last week by ex-Gover •
nor John Whitaker, Democratic Congress
man fr>.m Oregon When the President
called an extra station cf Congress for the
18th ihe Democratic managers of Washing
ton telegraphed Whitaker to oome immedia
tely. Whitaker took a special train at bis
Oregon home on Maroh 7, tcok a steamer to
Portland on March 8, and arriv.d at Ban
Francisco on Wedneeday, March 12, twsnky-
fourhours after the train had left which he
mact take to reach Washington in time for
the organization of Cengress. A special
train wm provided for him at San Prandsoo,
and he wentfiy ng over the oountry, some
times at tbe rate of forty-five tni’.es au hour,
mi!e v H . a
12 and arrived at Omaha at 2 3} A. MTon
Saturday, having mads the mu of 1923 miles
in sixty-four houn. The usual fast time
b:tween those points it one hundred and
ona hoars. Ha arrived at Chioago at 5.15
P M. on Saturday, aud there took his first
regular soheduie train. He Arrived at Wash
ington at 9 02 A. M on Monday, thus miking
tha t'ip across the Continent iu five days,
the shortest time on reoord.
45 Years Before the Public.
THE GENUINE
OR. C.McXtANE’S
CELEBRATED
LIVER PILLSS
FOR THE CURE OF
Hepatitis, or Liver Complaint,
DYSPEPSIA AND SICK HEADACHE.
Symptoms of a ^Diseased Liver.
P AIN in the right side, under the
edge, of the ribs, increases on pres
sure ; sometimes the pain is in the left
side; the patient is rarely able to lie
on the left side; sometimes the pain
is felt under the shoulder blade, and
it frequently extends to the top of the
shoulder, and is sometimes mistaken
for rheumatism in the arm. The stom
ach is affected with lo^ of appetite
and sickness; the bowels in general
are costive, sometimes alternative with
lax; .the head is troubled with pain,
accompanied with a dull, heavy sen
sation m the back part. There is gen
erally a considerable loss of memory,
accompanied with a painful sensation
of having left undone something which
ought to have been done. • A slight,
dry cough is sometimes an attendant.
The patient complains of weariness
and debility: he is easily startled, his
feet arc cold or burning, and he com
plains of a prickly sensation of the
skin; his spirits are low; and although
he is satisfied that exercise would be
beneficial to him, yet he can scarcely
summon up fortitude enough to try it.
Iq fact, he distrusts every remedy.
Several of the above symptoms attend
the disease, but cases have occurred
where few of them existed, yet exam
ination of the body, after death, ha3
shown the liver to have beea exten
sively deranged,
AGUE AND FEVER.
Dr. C. McLane’s Liver Pills, in
cases of Ague and Fever, when
taken with Quinine, are productive of
the most happy results. No better
cathartic can be used, preparatory to.
or after taking Quinine. We would
advise all who are afflicted with thi3
disease to give them a fair trial.
For all bilious derangements, and
as a simple purgative, they are un
equaled.
BEWAgr or 1HXTAZSOM8.
The genuine are never sugar coated.
Every bos has a red wax seal on the
lid, with the impression Dk. McLane’s
Liver Pills.
The genuine McLane’s Liver Pills
bear the signatures of C. McLane and
Fleming Bros, on the wrappers.
. ■ Insist upon having the geo nine Dr.
C McLane’s. Liver Pills, prepared by
Fleming Bros., of Pittsburgh, Pa., the
market being .full of imitation* of the
«• — ..spelled differently bnt
j safe