Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, December 23, 1879, Image 1

Below is the OCR text representation for this newspapers page.

Ot^' fctj J \\ ssfj* mj?? awar sit y mm & wwmwmmm. CLWBY, JONES & BEESE, Pbofxjwobs. Thi Family Jou8nal.—N*w«—Politics—LxT*RATU*«'—Ae*icufcTi**» -Domman'e GEORGIA TELEGRAPH BUILDING —'T- E8TABLISHED 1826. MACOh, TUESDAY. DECEMBER f& 1879. • ■ • • -• ■ ; iiiAotgra vi vi;-u • gum ’ nog* •flat" *1 j Volume Liv—N051 BY TELEGRAPH Cincinnati, December 14.—The trus tees of the Cincinnati Southern Railroad ■were to have gone over and inspected the road yesterday, to Chattanooga, but the recent rains in Tennessee have so swollen Emery river as to wash out a temporary trench, on which the road went over that river, and their inspection has been post poned nntll Monday, or as soon as the break is repaired. After reaching Chatta nooga the trustees, A. S. Buglies, Miles Greenwood and W. H. Clements, Presi dent of the Operating Company, will go bn to Jacksonville, if possible, for through connections to the Atlantic at that point. Denver, Coi.., December 14—Chas. W. Merritt, a near relative of General Merritt, and lately dismissed by general court martial from the Ninth Cavalry, committed ’ suicide at Santa Fe yester day. Scranton, Pennsylvania, Decem ber 14.—Frederick Roach sent his Sixteen year old son to Taylorsville yesterday on horseback, for some oil of vi triol. The bottom of the vessel in which it was carried broke, and the fluid worked into the boy’s flesh, burning him so bad ly that lie fell from the horse, which gal loped home. When found, he had tom his clothing off and soon after died in great agony. _- Lono Branch December 14.—Schooner Artie Garwood, from Philadelphia for Boston, loaded with coal, came ashore here this morning at ten o’clock in front of East End Hotel. She has broken in two, and both vessel and cargo will prove a total loss. The crew were saved by the life saving service, but reached the shore in Jin exhausted condition. Fortress Monroe, Va., December 14. Steamer Clyde, of the Pacific Mail Steamship Company, from New York, bound for Aspimvall, was towed in here to-day by steamer Biackstone, of Miner Transportation Company, with her pro filer shaft broken and engine damaged. She passed out from Richmond, bark Quos, of Liverpool. New York, December 14.—A special from Patterson, N. J., says the Beigan county Grand Jury has indicted Congress man Charles II. Voorhis, late President of the First National Bank of Hackensack, for alleged fraudulent irregularities in connection with that institution. Mr. Voorhis eaine home Wednesday evening, and a warrant was issued foe his arrest, hut hi; could not be foitud. Little Rock, Arkansas, December 14.—The two story brick livery stable of J. Gills, Cornerg & Cott on Elin Street, together with the cotton compress adjoin ing were totally destroyed by fire at three o’clock this morning. The family of the second story Council has determined to take no steps regarding the members of the minority absenting themselves from the chambers. They also state that Senor Canovas de Gastello has had interviews with General Martinez Campos and General Quesada. both of whom condemn the attitude of the minority. Calcutta, December 14—General Roberts telegraphs in confirmation of the report of General MacPhcrson’s partial failure in his attempt on Friday to cap ture the ridge above BalaHissar at Cabul. On Saturday morning General Baker at tacked the Afghan position with two and a half regiments of infantry, two regi ments of cavalry and eight guns, and suc ceeded in capturing the hill and driving the Afghans from all their positions. A letter dated at Candaliar, the 1st in stant, and published at Bombay, says: “General Stewart had been instructed to send a messenger to Ayoob Khan, the Af ghan commander of Herat, requiring him to hold Herat in the name of the British Government, and threatening an advance ment thither of the British force in case of his failure so to do. Paris, December 14.—Le Temps as serts that the ministry will avail them selves of the retirement of Leroyer from ■the ministry of justice to reconstitute cabinet of their own notion. In the reor ganization M. Waddington will only retain the foreign portfolio. The choice for Pre mier lies between M. Leon, Minister of Finance, and M. DeFreydnct, Minister of Public Warks. If M. De Freycinct ac cepts the leadership, he will have com plete freedom of action in ehosing his col leagues, and when the cabinet is formed he will with them determine upon a com mon programme. London, December 14.—General Rob erts telegraplis from Cabul, under date of 13th inst., that the enemy have been defeated on all sides, but that notwith standing their heavy losses, parties of Af ghans still remain in the neighborhood. General Roberts announced his intention to attack on the 14th inst., (to-day) unless these parties disperse. The total British loss during the day’s fighting is forty- tliree killed, including six officers, and seventy-six wounded, of whom ten are officers. Several large land agitation meetings were held in the west of Ireland. The meeting at Balhna was presided over by a Catholic clergyman. A corps of pike- men surrounued the place of meeting— letters were read from Charles S. Parnell, Mr. Patrick James Smyth, Mr. John O’Connor Power and Mr. Edmund Dwyer Gray apologizing for their ab sence. Among the speakers were several Cath olic clergymen. Messrs. Dillon, Sexton and Mr. George Ekins Browne, member Parliament for Mayo. Government re porters were present taking notes of the speeches. Mr. Browne in his address stated some Gillis, sleeping on found their escape cut off by the fiames „„ atul all hut Mrs. Gillis jumped or were • 0 y jjj e causes of distress in Ireland to be thrown from the windows. Mrs. Gillis J competition of American products and was suffocated by the smoke and perished ■ | )a ,j seasons at home; all of the speakers <m1 in the burning building. Her j a ,| VO cated a peasant proprietary system, a husband was fatally and two children and I resolution in favor of which was adopted, a fireman seriously injured. | x,,..,],..,. „w>otin S wo* Lola at Oorridt-un- Ti-ii oair/nges shannon, whereat Messrs. Davitt, Daly, were destroyed, together with about one j Gillen and Brennan, recently prisoners, hundred bales of cotton. Loss $00,000. | were present. The grand jury at Cairrick- Colouel Zeb Ward, lessee of tlie pern- j 0 n-Sbannon have returned a true bill tentiary, last night closed a contract for the against Brennan construction of the Little Rock and Pine Bluff railroad. The work will commence Immediately at Little Rock, and four hun dred convicts will he employed. The grading is to he completed by April 1st, and the whole road to be in operation by July 1st, 1880. Memphis, December 14.—Rev. Georgs White, Rector of Calvary Episcopal Church, was stricken this morning with paralysis, while addressing a Sunday School class. Jle was removed to his residence on a litter in an extremely critical condition. He is eighty-two years old and universally respected. St. Loris, December 14.—a special to tlie Republican from Houston, Texas, say the Masonic Grand Lodge of that State yesterday approved the action of Waxa- iiatchics Lodge in expelling Rev. W. G. Veal, a well known minister of the Gospel, for attempting to seduce Mrs. E. G. Griffin, of Waxahatcliies, wife of abrotlier Mason. This decision practically expels him from the Masonic order. It is reported here tlrnt the United States Circuit Court at Topeka, Kan., yesterday set aside tlie sale of the Kansas Pacific Railroad to Jay Gould and refused to or der another sale. Cincinnati, December 14.—A Glas gow, Missouri, dispatch says an express train of the Chicago and Alton railroad, passing there at 4:10 yesterday morning, ran into the rear of "conductor Locke’s freight train near Gilliam, eight miles further west, smashing the engine and ca boose up badly and throwing the other cars from the track. Engineer Harrison, of the express, and a man named Patrick F. Dougherty, riding in the caboose, were badly hurt. No others were injured. New York, December 14.—Edward A. Smith, manufacturer of cigars at 87 Bow ery, and president of tlie cigar manufac turers’association, has failed, nis liabil ities are $.30,000, assets unkuowu. Baltimore, December 14.—Last night schooner Dexter, trading in the Chesa peake Bay, was ran down in the harbor by a convoy tug of tlie Baltimore and Ohio railroad. The tug had two of the barges with 1 ailen ears for Locust Point when the collision occurred. The schooner went to tlie bottom with all sails stand ing. Her crew were rescued. New Yoiik, December 14.—The an nual communication of the Grauil Lodge of the Benevolent and Protection order of Elks, was held to-day in the rooms of the New Fork Lodge. There was a large at tendance of delegates. John II. Dee, of Boston, acting Grand Exalted Ruler, call ed the Grand Lodge to order, and all the afternoon up to seven p. m. was occupied in the enactment of measures for the wel fare of the order. The Grand Officers for Hu- ensuing year were then elected. - This evening tlie' New York lodge No. 1 ex tended hearty welcome to their visiting brethren, at a grand social session in Chiekcring Hall. Washington, December 14.—The sig nal office is informed that the ship Jacob Thoniby, from Hamburg for New York, is asliore fourteen miles south of Ports mouth, X. C. The crew were saved. London, December 14.—The Paris •leAysjiapers print a Vienna telegram xvliu-l» asserts that Russia has proposed to powers joint action at Constantinople, 5, “Telcrate the surrender of Gussinje to Hie^ Montenegrins. Constantinople, December 14—The i orte has sent a circular to its representa tives abroad, reciting the measures taken to secure tlie surrender of Gussinje, and expressing the hope that tlio Montenegrins win not precipitate matters, assome delay is necessary if bloodshed Is to be avoided. 4iv AK *M )ece . mW 14 *—Tlie Temps says: No modification of tbc ministry will be made until after the adjournment of tlie Chambers. The Committee ortlie Chamber or Deputies, on tlie’resolution to suspend tlie operation of .the’Jaw declaring \hat Judges shall he irremovable, was elected yesterday. Nine of tlie members favor, ■aud two are opposed to, the suspension of tlie law. All of the ministers absented ■wiuselves from their respective bureaux [g the election.” M>nu>, December 14—Tlie Senate i play continued the discussion of tlie Jv Pn? 6 abolition of slavery in Cuba. I s Lciez and Gorrez spoke in opposi- _ ; I'Gbe bill. The ministerialist jour- a * tl | °* to-day announce that a Cabinet St. Petersburg, December 14.—Tlie Governor General of Kliarkoff has issued an order prohibiting the manufacture, sale or possession of any explosive mate rials. Vienna, December 14—A telegram from Cettinge announces that Muklitar Pasha, who is at Prestend with two bat talions, has asked for reinforcements, and that twenty battalions have started to his relief, London, December 15.—A Bombay dispatch says the enemy in the vicinity of Cabul numbers 12,000. The 20th Madras infantry has been ordered to prepare im mediately for service in Burmah, and will at once proceed to their new station. The British bark Invincible, from Pen sacola, October, 2nd, for Marsailles, was abandoned at sea. The crew landed at Cadiz. A Candaliar dispatch states it is now certain that Ayoob Khan moved out of Herat with his troops a fortnight ago, and proceeded to Urdabagli. Paris, November 15.—M. Marius Mar tin, Bonapartist, was yesterday elected to the Municipal Council, beating his Repub lican opponent by a large majority. Calcutta, December 15—The Pio neer asserts that an immense mass of cor respondence has been found and laid be fore the government, including instruc- 'tions from the Russian government to its agents in Central Asia, marking out tlie course they were to follow with ex-Amcer Slierc Ali. These papers are said to show that Russian intrigues against Afghanistan were active as farnack as 1873, and to af ford conclusive proof of the falsity of the excuse given for tlie Rnssiau mission to Cabul last year. Syracuse, December 15.—Courteney says he is in no condition to row with Hatilau this winter. Cincinnati, December 15—A Tun- nelton, West Virginia, dispatch says tlie remains of Joseph M. Ashley, last seen alive on October 22, were discovered on Saturday in an old shaft over Kingwood tunnel near that place. A man named Sanders, who lias been missing two weeks lias, it is feared, shared tlie same fate, as a light lowered to the bottom of tlie shaft revealed a man’s legs and arms. New York, December 15'.—An Omaha special says that Brigadier General Cook came very near losing bis life oh a recent hnnting expedition in Platte Valley, by being overtaken by a severe snow storm, known in that region as a “blizzard.” lie was barely able to reach a house, with ears and feet frozen, and nearly chilled ot death. He has not yet recovered. New York, December 15.—Services in the new Reformed Episcopal Church in this city, yesterday, were interrupted by the sudden prostration of Mr. Payne, cler gyman. In one of tlie climaxes of his exhortation he lost consciousness, aud fell behind the pulpit. There was immedi ately a rash among those present to his sidej and still unconscious he was borne to the residence of a parishioner nearby, and medical attendance called. He had been stricken down by an attack of heart dis ease, from which he had been suffering for some time. Last night he was still alive, but liis condition was regarded as critical. Toronto, December 15.—Hanlan ar rived home on Saturday. He does not in tend to be caught napping In the event of Courtney responding, and will commence at once taking regular land exercise and practice on his rowing machine. Washington, December 15.—The fol lowing is the condition of the cotton and com crop as furnished by the Departmeul of Agriculture: The cotton returns from correspondents for tlie month ending December 1st, 1879, substantially confirm the report of the month previous. The weather has been favorable in all sections of the cotton belt. Reports of the product west of the Missis sippi river are more favorable and will in crease tlie aggregate of Texas, Louisiana and Arkansas over that reported last month. The following is a synopsis of the re- orts: North Carolina.—Five counties re port the product averaging 5 per cent, more than last year. Twenty-two coun ties average 25 per cent, less, and six the sama. Sofrxii Carolina—One county re ports 20 per cent, more, eleven an average of 17 percent, less, and two the same. Georgia—Twelve report an average of 12 per cent, more; thirty-two report 20 per cent, less, and nine as last year. Florida—None report more; eleven report an average of ten per cent, less, and two the same. Alabama—One reports 10 per cent, more; fifteen average 16 per cent, less, and eight the same. Mississippi—Fourteen average 20 per cent, more; fourteen are 10 per cent, less, and three are the same. Louisiana—Four report an average of 15 per cent, more; ten report 10 per cent, less, and one the same. Texas—Nine counties report an aver age of 24 per cent, more than last year, thirty-five counties report an average of 39 per cent, less, and eight the same. Arkansas—Nineteen counties report 20 per cent, more; six average 16 per cent, less, and five the same. Tennessee—Nine report 15 per cenU more; tw’o average 20 per cent, less; seven the same. Com.—Tiie com crop during November depreciated through imperfect ripening in our heaviest growing regions—the States north of the Oliio river and Missouri, some States falling off 10 per cent. This will reduce the average yield per acre of the whole country to twenty-nine bushels, which is exceeded by that of only one former year—twenty-nine and four-tenths in 1875. This reduces the aggregate pro duction about'55,000,000 bushels from the November figures, hut still leaves the crop larger than any previous year by 150,000,- 000 bushels. The States and Territories of the Mississippi return over 100,000,000 bushels more than in 187S. Washington, December 15.—In the Senate Mr. Voorhees, of Indiana, presen ted the petition of 7,000 ex-soldiers and and sailors, praying to be paid in green backs the difference between the value of greenbacks in which they were paid for services to the government, and the value of gold at the time of payment. Laid on the table. Mr. Butler, of South Carolina, intro duced an amendment to the Senate joint resolution, introduced by Mr. Bayard- withdrawing the legal tender quality of greenbacks. Tlie resolution as proposed to be amende il will read, “that from and after Jannaiy 1st, 1875, the Treasury notes of the United States shall he receiv able for all dues to the United States, ex cept duties on imports, and shall not he otherwise a legal tender, and any of said notes that shall thereafter be issued, shall bear this subscription.” Referred to the Finance Committee. The Vice President presented a com munication from the Postmaster Generaj recommending deficiency appropriations of $205,212 for exigencies of service caused by tlie extension of star routes aud for other minor deficiencies. Referred. Mr. Voorhees introduced a resolution providing for a committee of five Senators to investigate the causes leading to negro emigration from North Carolina to In diana. Laid over on objections of Ed munds to its consideration. The Senate on motion of Mr. Maxey took up a bill to amend rule 103 of rules and articles of war so as to provide a rule of limitation for prosecution for desertion Laid over on motion of Edmunds to al low further examination of its provisions A bill to enable the Secretary of War to purchase land to enlarge and protect tlie United States arsenal at San Antonio and appropriating $14,000 for that purpose, was taken up and passed. The Senate then went into executive session at 1:15 p, m. In tlie House, among the bills intro duced and referred this morning were two by Morse of Massachusetts, for the en couragement of American shipbuilding and manufacture, and for the appointment of a commission to ascertain and report the basis for a reciprocity treaty between the United States and British Provinces. Washington, D. C., December 15.- In tlie Senate Mr. Bayard from the Com mittee on Judiciary, reported favorably on the Senate hill for the relief of Sonerville and Davis of Galveston. Adjourned In the House, Mr. Steele of North Carolina introduced a bill to reestablish the office of United States assistant treasurer at Charleston, also calling for information as to the proceeds of the sale of land for district taxes in the State of South Carolina. Mr. Sanford of Alabama introduced a bill regulating the mauner of counting the votes for President aud Vice President. Bills were also introduced as follows; By Mr. Money of Mississippi, calling for information concerning the carrying of lottery matter through the mails. By Mr. Hooker of Mississippi, calling for information as to the expenses in curred by the government in the prosecu tion of the timber suits in the Southern district of Mississippi. By Mr. Chalmers of Mississippi, to en courage the education of the colored tee. By Mr. McMillan of Tennessee, to levy and collect an income tax. By Mr. Culberson of Texas, for the con “traction of a railroad from San Antonio to Lcredo, Texas. By Mr. Bragg of Wisconsin, for the relief of General Fitzjohn Porter. [It annuls and revokes the court martial findings and sentence in the case of Gen eral Fitzjohn Porter, restoring him to the service as a colonel in the army, and pro vides for the payment of all arrearages as Major General up to September 1st, I860, anil as Colonel thereafter,] Washington, December 15.—The President to-day nominated Thomas M. Blodgett Collector of Customs for the Dis trict of St. Mary’s, Georgia. SUPERIOR COURT. The Btirge Cnsc. Yesterday, the case of the State vs, John W. Burge, charged with the murder of John C. Towler, was taken up in the Superior Court. The deed was committed on the 20th of February, 1873. The case was tried in 1875, and the de fendant convicted of manslaughter. A new trial was granted by the Supreme Court. The case lias been continued sev eral times, but came on for trial yesterday. But little difficulty was experienced in se lecting a jury. The case was opened and the following evidence introduced: C. C. Smith sworn: I knew Mr. J. C. Towler; he is dead; he died about five years ago, in 1873, 20tli of February; he died in East Macon in the store of Mr. W. H. Jones, then the store of Jones & Edwards. Tliis was in Bibb county; I was present at liis death; the cause of his death was a pistol shot at the hands of Mr. John W. Bulge. He was in the store of Jones A Edwards in East Macon; the time lias boen so long, that some of the particulars may he forgotton. I was living a little way out of East Macon at the time. During the evening, however, I'was in East Macon at a place I had there for tlie sale of fresh meat during the winter. A. few days before the shooting, had been talking with Mr. Towler about sewing machines; I saw him standing at the door of Jones -A Edward’s store. I went up to him and talked in reference to a machine. Tow ler then went into tlie store. As I went into the store Burge was coming toward the door, to go out of the store. Towler called to him. Witness noticed that he 1 called to him, because he called him John. Burgess. Towler was at that time in .the rear of the store. Burge was about twen ty feet from the frontdoor. A small wa ter table was. in tbe back of the store, where whiskey was sometimes -.drank. Burge went back to Towler, who accused him of mistreating his (Towler’s) broth er. ' Burge said he had riot; that’ he owed him money, and he had resorted to the law. This kind of conversatipn was kept up to fifteen feet of the front door, where Towler was killed. They had walked about ten feet from where they were first standing, when Towler topched Burge on the arm and repeated what ho _ had said about misusing his brother, and some thing about liis wanting satisfaction, and if Burge thought he Was a better man he wanted lrim to prove it. Burge said he wanted no difficulty. This was the second time Towler had stopped Burge In - goii toward the front of the store. Thethi] time Towler told him he must stop. Burge said no, he would not, and' com menced to leave. Towler then, with the gesture, said: “You. are an .unprincipled scoundrel.” Burge said: “I will kill you, sir,” drew his pistol and shot him. Tow ler then rushed on Burge and died while on him. Burge was just at him; he was about two-thirds facing the door before lie turned and fired right away; lie was very. near. Towler was snot _ in the breast, left side, and lived only a vjpry few seconds; I tbink he was dead when he fell off of Bulge when he. (B.).raised.up while they were in tlie comer of the store, Towler exhibited no Weapon; ho had small pocket knife in his pocket; Mr. Roberts found the knife in his pants pocket—an ordinary pocket knife, shut up; It was found a very-few moments after the shooting; no weapon of any kind was found on him. The store is sixty-five or seventy-five feet long. I met Burge about twenty feet from the door, when I went in, coming out wiping his mouth witli a handkerchief. The first thing that attracted my attention was Towler calling Burge. The sliootingtook place near front door/ A showcase was on the right hand of the door, whore ,1 was standing, when he fired. Their strug gling pushed me, and I jumped outside, Tlie gestures used in detaining Barge_ were shown. He seemed to be endeavoring to detain him to tell him something. Towler’s putting his hand on Burge’s shoulder did not amount to any force, so far as I saw. He took his pistol out of liis overcoat pock et, I think. I think he had liis hands in his pockets, as if he was cold; that he walked that way; thinks the bullet was cut out of the back of deceased. On his shirt was something dark like burnt pow der. Cross examination—It was about the neighborhood of twilight. The lights in the store were lit, I think. I went in the front door. Burge had gotten about twenty feet from the front door. I Wont and leaned against a rice hogshead on the right. Binge was leaving the store. I heard Towler say, “John Burgess, otc.” I did not hear all that passed between them. There might have been other things said. Towler spoko in a. very atir gry manner. I was sworn in this case be fore. My memory was better Jlien AlW now. (Counsel for tlie defense read por tions of witness’ testimony on former trial and it was pronounced correct.) Towler used determined words to detain Binge. Bulge tried to leave three times He walked off toward tbe tront doorr In detaining Bulge, Towler placed his haud on his anil. Towler caused Binge to stop each time in going from tlie hack ol the store to the front door. He seemed to espouse his brother’s cause. Judge Anderson read a portion of the testimony taken on the former trial, as to Burge saying to Towler “take your hands oft’your deadly weapon; I don’t like to talk to a man witli liis hand on his deadly weapon.” Witness: No, I was asked that on tlie former trial, and I said I did not hear it. I swear positively on that point, and if tlie testimony says I did, it is stated incorrect ly. I was not excited. After the shot was fired, Towler jumped on Burge, and pushed him toward the door. Fearing another shot, I jumped ontside. I returned into the store in a vory few seconds. I met Mr. Burge with his hat in his hand coming out. Towler was lying on the floor. There was only one door open, the front door. The two otil ers were closed. From tlie first time my attention was called to the two men Burge was on the retreat except when detained by Towler. The shooting took place ten or fifteen feet from tho front door, for when Towler rushed on Burge he was thrown behind one of the shutters of the front door. Didn’t Burge do everything to avoid a difficulty? Objection made and sus tained. From the beginning of the difficulty Mr. Towler was telling Burge that he had mis used his brother. B. said it was the only way he had to get his money. Witness then detailed tho circumstances minutely, substantially as above. In walking to tho front of the store, Towler was by Burge’s side; then, a little front of liim, the posi tions changing. Towler said he had some thing to tell him, and lie must stop and hear it. Burge, I think, said, “I wont have anything to do with it.” Burge’s back was toward Towler. Towler threw his hands out [witness illustrating with palms o]>en and turned up], and said: “Then, sir, you are an unprincipled scoundrel.” Burge then wheeled and fired. Rebuttal—I did not repeat or say on any witness stand that I heard Burge say take your hands off of your deadly weapon ■ did not see it or hear any such conversa tion; I never had an opportunity of correcting that evidence, (in Solicitor’s hand) which was taken on the former trial. Towler stopped still when he said: then, sir, you are an unprincipled scoundrel ” and Binge then turned. They were pretty near together, but I don’t think liis hands would have toudied him. No one was between him (Bulge) and the door. The only personal direct insult that I heard Towlcrsay to Bulge—object ion made and sustained. To the best of my recollection, I have stated all that I heard between the parties. Re-cross—I testified on committal trial before D. H. Adams, Esq., and another magistrate, i don’t think I stated any thing about “take your hand off your deadly weapon.” I remember Judge An derson on the other trial asked me about the conversation in regard to the deadly weapon, and I must have answered no, and then the question was then asked in regard to Towler’s manner of standing, witli his hand on his hip. Mr. Bartlett—Well, was not that his manner of standing. Objection made and sustained. The State here closed. DEFENSE. Jackson Roberts sworn.—I was present at the difficulty between Bulge and Tow ler. The first thing I heard was John Burge spoke to Towler. Towler was standing with his back to me, with hand in pocket or on liis hip, I can’t say which. I did not hear Towler call Bulge. They were in back part of store when first seen. Burge said lie “did not want to say any: thing about it as Towler bad attacked him with his hand on a deadly weapon.’. Towler was between us, aud Burge and he tried to get around him aud Towler hindered him. Bulge again said some thing about the deadly weapon. Towler said he would take it off, and if he wanted anytliingheconldget it.- Burge said he did riot want anything but his money. Burge then pressed by him. Burge said ”1 I catft-repeat all _ that nothing more. — Tovrler said, and don't know whether Hi ‘ pushed Burge or uflt; anyway as he pushed him off the pistol fired. Towler then rushed on Burge and threw him. They fought mighty strong seem to me on the floor. Henry Jones wtas tbe only mail 2 saw in the store then. The others were ..squatted down or ran out. I said “let’s part them.” The two men then rose up, and Towler fell seem- idg dead, the blood coming from his mouth and nose. • State if at any time Bulge said any thing calculated to provoke Towler to fight? Objection made; question signed and' overruled. He /only said three words, and they were humble. Did he do anything to provoke Towler? Objection made. - To the Court—His tone of voice was as of a man who was seared that hfe was about to be massacred. Objection : made; overruled. His manner was hum ble. Towler said if he wanted anything lie could have it. Tow ler said he would take his hand off of the weapon; I don’t think I took my eyes off of them, and followed them up; was in six feet of them when tho pistol was fired; was near enough to hear every word: Towler was right over him; right by his side. Towler kind of struck, jerked or piished him; lie took hold of him;he either pushed or jerked him around and tlie pistol fired in about a second and a liajf or two seconds. Burge was nearest the door; they were right at one another when the pistol fired; don’t think they were out of arm’s length; not out of it at any time;when the pistol fired, or before, Towler was making on to him, : all the time from the timo he started from the other end of the house. It was candle light. Mr. Jones was on the otliar side oj tlie counter, seven or eight feet away. The room was lighted up, not very brightly. I don’t know that I can say who was near est to them when the pistol fired. I was just behind them. It was not long before I said, “Let’s part them”—about three seconds. I could not have been more than three to five feet off. ’ I did not see any body nearer than I was. Among the ex pressions used by Towler to Burge were “grand -rascal,” “villain,” etc. He was about as-mad, it seems to me, as a man gets to be to run on—to another. I went out of the house after he fell. I went back in a few minutes; a good many were stand ing around the body. I asked if he had any weapons. No one said anything, and I felt around his waist and pockets, and found none, I was gone out, maybe five minutes. Towler was, I thought, a long way the best man. I hail been acquainted with Towler. I had bought a machine fromliim. (Witness was requested to show tho jury Towler’s position; illustrated by standing with right baud on hip.) Towler held liis hand in that position until told twice to take it off, etc. I and John Burge were at outs. I had had no trouble with Towler. Cross-examined—I and Btnge married sisters. Don’t remember anything about the men until I heard Burge speak. Tow ler, shook hands with lrie when ho passed nip. I was about ten - or fifteen feet from them toward the front door. They came by mo and I followed them. Burge was in front. There was a kind of little scrummage between them, and the pistol fired. Don’t think anyone was beyond Burge’when they were at tlie back of the house. There were folks between them and me. Towler was abusing Burge all the time. He was in the church, aud never heard him use an oath. He was lying as I left liim except that his hands were lying on his breast.- Ho was not dead when I left. No one said anythini when JI asked ~ about weapons, searched Towler. I saw no pistol on him after the shooting. Bulge must have put his hand in his pocket after he passed me, as I saw a pistol in his hand when he went out of tlie door, I don’t know how Burge turned to do the shooting; I know Towler had hold of him, but can’t say whether ho struck him or not. In the store, at the time Burge spoke, among others, was a negro by the name of Andrew Hill, and I was trying to hire Mm. I don’t tMnk they had any words about a law suit I did not see tlie pistol but saw Burge all the time. I was sworn on the trial before; my memory was fresher then. Part of witness’ testimony taken on former trial, was read to Mm and con- finned. Rebuttal—I can’t say whether Towler turned him or whether 'Burge turned; they had hold of each other. Towler’s manner was all the time violent. Only one shot was fired; as soon as Binge looked as lie got relief he left; Burge passed by nee first. Towler was trying to Keep Burge back all the time; when Towler got ahead of Burge lie turned back and went the other way. Mr. J. A. Mitchell testified in. regard to the debt which'led to the difficulty. He and Burge were partners, and Towler’s brothers owed them for supplies. An attachment was taken out against Mm as he w'as about to leave tlie county. Mr. J. C. Towler paid the bill three hours before the killing. Andrew Hill, colored, testified that Towler struck Burge with his left hand just before he was shot. Mr. G. S. Obear testified to Towler’s general character for violence, saying it was bad, and when Mayor he had for that cause dismissed Mm from the police force. The case was here rested until this morning, when the evidence for the de fense will be resumed. ■ MmL Died in this city on last Sabbath even ing, at the National Hotel, Mcs. Ella Hay Melbourne, of Champange, Illinois. Just entering womanhood, not yet twenty years of ago, she passed away with that dread disease, consumption. She came South, thinking a change in tlie climate would benefit her. But here among strangers, she quietly as an infant falling asleep, breathed her last. Every attention and comfort that could he given, was bestowed by her husband and the la dies of the hotel. The River. The very heavy rain of Sunday has caused the Ocmulgee to leap its banks and invade tbe lowlands along its sides. The river is as high almost as in the spring. The swamp is overflowed, ond from Bass’ lull the sheet of water spread below the city can be plainly seen. This a very rare sight from this point. Wal nut Creek is also overflowed, and a por tion of the Augusta railroad embankment on the other side of tbe river washed by this creek yesterday began to cave in, but the caving was arrested. Last evening the waters were beginning to subside, ana by this afternoon the river will probably re turn again to its natural channel. What a Pity; that the otherwise beautiful girl should have such bad teeth. And all because she did not use SOZODONT. It costs so little to buy it considering the good it does, and its benefits stretch out into her uture life. Poor girl! decIOlw —The most of the great fortune of the mother of Eugenie goes to the empress* talk Um«U Cwhnmw. fourth day. Perky, December 13. |Conference opened by Bev^i W. A. Simmons. . a QhlSttbn II.—What local preacher* are bidained deacons? ♦*> •' Answer.—UrisephnT*- Adams, . A.--C. Flanders, MeOls B. Watkin*. A.H. Rbdr ding, T1,W. Johnson, Joseph Langs to" Je»e Gttham. » ™ ; J T Question 14 —What local eldeni -are- elected elders? - Answer.—B.-M* C. Brooks, rH-S-. Am drew*, Bolling II. Sassuett, George M. Question 15.—Wbo are re-admitted? iwer._—Is A: •_ ‘ “ cc? I! S. S. .Sweet, supemuriierary. Jones' Chapel, : mls4iori?-*B. H. pfipcH . .'V-fj . ! V Macon .Cir«a.1t,-r-J.B,Cul pepper. Gordon, mission—R. D. Honiker. Infiriton.—Paul F. Connally. jrt. He made special mention of the woHc of R. M. Logwood, late seeretsly, and' regretted that no provision had been made for Ms ’ continuance in tbe work. There was a general regret that- Brother Lockwood could not be continued in the work. • . Rev. Dr. A. W. Wilson and Rev.-Dr* J. B. McFerrin addressed th6 Conference at length, the former representing the mis sionary cause, and the latter the Book Concern at Nashville. Dr. J. O: A. Clark, from the Committee on Books and Periodicals, made a report which was adopted. This report urges. upon all the preachers the duty of sustain ing the Wesleyan Christian ' Advocate, and the publishing house at Nashville. Dr. C. W. Smith addressed the Confer ence in the interest of the Wesleyan Fe male College. J. W. B. AFTERNOON SESSION. Ferry, December 15, 1879. Conference met. Religious services by Rev. G. S. Johnston. Rev. Mr. Elmore, of Lutheran chnrch, was introduced. Isaac Hardeman made a report of the Board of Trustees of the Orphans Hpme, showing that it was in good condition, and that the present efficient agent, Rev. Lew is B. Payne, had done a good year’s work. The report was adopted, and the old Board re-elected. Rev. Dr. Tharpe, of the Baptist church, was introduced. R. J. Corley made a report of the Com mittee on Temperance. Adopted. L. S. McSwain read a report of the Board of Education. Adopted. J. W. Burke, Treasurer of the Board of Education, made his annual report. Adopted. R. W. Lovett made a report of the Board of Finance. Adopted. Conference adjourned. Sunday",December Ji, 1879, Love feast at 9 a. m., led by Rev. Dr. Key. Preaching at the Methodist Church at 11 a. m. by Rev. Dr. A. W. Wilson, and at the Baptist Chnrch at 11 a. m. by Rev. Dr. M. Calloway. The following deacons were ordered: James R. McClosky, P. B. Sims, Albert A. Ellenwood, J. W. Folsom, Edwin H. Hannan, Paul F. Connally, Joseph T. Adams, Joseph Langston, Daniel Mathews, T. W. Johnson.' At 3 p. m. Dr. J. W. Hinton preached and the following elders ordained W. F. Loyd, Dr. Q. Abbott, Samuel W, Stubbs, R. M. Booth, Thaddeus J. Neese, B. C. M. Brooks, Bolling H. Sasnett, W. M. Griffin. At night/memorial service was held in respect to deceased preachers. Memoirs were read of Revs. R. W. Dixon, Annin- ius Wright and Dr. Lovick Pierce. Ap propriate remarks were made by Brothers Christian, Key, Anthony, Clarke, Breed love, McGehee, Wynn and Bishop Dog- gett, FIFTJI DAY. Perry, Ga., Dec. 15.1879. Conference met, Bishop Doggett in tlie chair. Religious'exercises by Rev. R. B. Lester. . . Rev. E. H. McGehee made a report of the committee of the Bible Society/ Rev, Mr. Lyon, agent of the American Bible Society, made statements, and, urged all to help in the good cause. Rev. J. O. A. Clark made a report on church extensions Adopted. Rev. Bolling H. Sasnett was re-admitted as a member of tMs Conference. Report of committee on memoirs, re ported through Rev. J. B. McGehee. Adopted. He also reported in favor of thy erection of a monument to the mem ory of late Rev. Dr. Lovick Pierce, in con junction with the North Georgia Confer- ence. ^ | He also reported-: that tho ladies of-this church had organized a South Georgia Conference Ladies Missionary Society. Mrs. John B. Cobb, was elected president; Vice-Presidents,Mrs. Reppard, Mra. Hard wick, Mrs. Dasher, Mrs. Brannan, Mrs. Mason, Columbus, Secretary; Miss K. V. Cater, of Porry, Georgia, Corresponding Secretary. • On motion of Rev. R. M. Lockwood, Resolved, That the first Friday in May be observed as a day of fasting and prayer. Also, that tlie first day of May must be observed as a cMldren's day. Adopted M. E. Rylander, an old and faithful member of our church, and a by delegate to. this Conference, lies in a critical condi tion from a stroke of paralysis. Resolu tions of condolence were offered and adopt ed and brother Anthony prayed for Ms re covery. ■> Rev. R. M. Lockwood, Statistical Secre tary, made a report, which-was adopted. The Legal Conference was now opened, Rev. Dr. Key In the chair. After transacting important business, and the adoption of reports, the Legal Conference adjourned. Resolutions of thanks were offered to tlie citizens of Perry and vicinity; also to the railroads, churches and newspapers, Taken by rising vote. The Bishop announced joint Board of Finance: Savannah District—J. D. Mauldin, R. W. Lovett. Macon District—S. S. Sweet, George M. Fraser. Columbus District—B. T. Breedlove, J. M. Brannan. Americus District—George G. Griffiths, T. M.Furiow. Brunswick District—N. D. Morehouse, '. B. Hawkins. Eastman District—C. A. Mowe, J. W. Griffin. Visiting Committees, Wesleyan Fe male College, J. O. Branch, H. P. Myers, J. H. Parks, William Park, Andrew Fe male College, W. Lewis, J. B. Wardlaw, W. C. Lovett, Emory College 4 R. -J. Corley, A. M. Williams, J. W. Simmons. Minutes read and approved. Closing prayer by the venerable Rev. James Dnnwody, the oldest member of the body.' The appointments follow. J.W.B. Appointments'fob 1880. Savannah District. -A. T. Mann, Presiding Elder. Savannah, Trinity—R, J. Corley. Wesley Monumental Church—J. O. -Branch. New Houston—John R. Carter. Springfield.—P. W. Crumples. Sylrania.—It. B. Bryan. Scarboro.—L. A. Snow. Bethel.—G. W. Mathews. Alexander.—J*,D. Mauldin. Waynesboro.—F. A. Branch. Bethany % —E. J. Rent*. Louisville.—To be supplied.. Sanderaville and TenaUle.-r-GeorgoJC' Clarke. • S, i«._ .- • Washington Circuit supplied by W. L. tjgte ,: ’ rT ■ I.;./ I.:»:.-•/•! \:r Davisboro.—W. J. Flanders. ;. ;: t i GibsouCinmit.—W- J. Stallings. Wesley Mission Circuit. -r^J. Q. A. Clark, Agent. - IMacon Distkict.—Geoigo G.-N. Mac- 1 IMaiion,-Mulberry street;—-J: S. Key.- First street.—P.'S. Twitity,-€.i. Toole, gent Italian, who has boen familiar with the culture from Ms infancy, says that, eventually, the California olive will sur pass the best produced in France or Spain. It is now larger and of better flavor, and yields an oil equal to tho Imported article. —The Rev. Dr. Barton of Charlotte, North Carolina, recently said, in Ms pul pit : ‘On Tuesday cveniag next, in this church, I will marrify Brother Benton and SU &^t M^^iission.—J. W. Simmons, f Sisler Rogers" He was afterward asked „ j Vrhy he had used a word hot in the die- Sas- tionary, and he replied, in a letter to the local newspaper, that such a word was needed, and therefore correct; that the couple married each other, but the minis ter marrified them. ‘ ' . HawkinsviUe and' Cochran.—A. M. 'Williams. - - . Haynfisville.—-It. F. Evans, Fort Valley and Perry—N. B. Ousley. Knoxville and Byron.—J. W. Domingos, C. E. Roland. Marshallvillo and Montezuma.—J. M. Austin. Wesleyan Female College.—W. C, Bass,-President, C. W. Smith, Professor Superintendent and Agent Orphan’s Home—L. A.Payne—. - , -. , .. * Assistant-EdiWy Wesleyan Christian Advocate^- Columbus District.—S. M. Wynn, Presiding Elder. - Columbus, St/Luke—J. O. A. Cook, St. Paul, J. W. Hinton; Broad Street, J. J. Ansley; Trinity and Asbnry Mission, H. C. Fentress; Girard, H. W. Key. Cataula Street.—E. 31. Whitney, D, Q. Abbott. Hamilton.—E. J. Burch. ' I,. Talbotton—B. F. Breedlove. •_ , Talbot circuit.—George S, Johnston. R. W. Macdonell. Genera.—J. M. Potter. Butler.—R. L. Wiggins. Reynolds Mission.—I. F-Cary, Buena Vista and Tazowell—S. D. Clem ents. '"G ;onizicg Marion-—P. B. Sims. Cusseta.—J. R. Littlejohn. Upatoi.—To be supplied. Americus District.—S. Anthony, Presiding Elder. Americus.—Walker Lewis. Randolph.—J. T. Aiasworth. . Clay.—To be supplied. Calhoun Mission.—P. C. Harris. Cuthbert and Georgetown.—E. H. Mo- Ge.hee, Lumpkia and Providence.—G. J.-Grif fiths. Dawson and Weston.—-W. M. Hays, Smithville.—J. T. Lowe. TerrelL—S. B. Weaver, J. B. McPher- son. Toas-cfi ond I Stewart—George T. Embxy. Magnolia Circuit.—W/Lane. Eilaville.—J. B. Wardlaw, R. F. Wil liams, supernumerary. Sumter Circuit.—S. N. Tucker. Vienna.—A. P. Wright. Oglethorpe.—J. E. Sentell. Thomasville District—T.T. Chris tian, Presiding Elder.-; Thomasville.—J. B. McGehee. Fort Games—W. C. Lovett. Blakely.—J. P. Wardlaw. Albany and Mission.—H. R. Feldor. Camilla.—B. B. Lester. Cairo.—J. S. Jordan. Bainbridge.—J. R. McCleskey. Attapulgus—W. A. Simmons. Bingham.—W.H. Tigner. Trinity.—J. E, Rorie. Spring Hill.—S- W. Stubbs. Boston.—W. F. Loyd. Ocapilco.—J. Carr. Morven.—C. C. Hines. Lowndeaand Echols.—L. A. Dorsay. Quitman and Valdosta.—W. W. Stew art. Brunswick Distict.—J. W. Marshall, Presiding Elder. Brunswick and Mission.—H. P. Myers. Camden Mission.—A. A. Ellenwood. St. Mary’s.—George C. Thompson. Charlton—To be supplied. Darifen E. H. Hannan. Jone3viIIe—To be supplied. Hinesville—T. S. Annsted. Jesup.—Supplied by A. Clarke. Bethel.—C. T. Bickley. Blacbsbearand Waycross.—N.D. More house. ‘ A ■>. Homerville.—Lyman H. Green. Nashville—W. W. Tidwell. Brookfield.—S. G. Childs. Moultrie—Supplied by J. W. Watts. Joint Coffee Mission—Supplied by Jo seph Tooke. 3Iontgomery Circuit.—J. W. Folsom. Waresboro Mission—D. Blalock. Satilla Circuit—D. G. Pope. Eastman District—J. D. Anthony, Presiding Elder. Eastman—B. M. Lockwood. Lumber City.—J.L. Williams. Ocmulgee.—Joseph Langston. Spring Hill—T. I. Nease. Graham.—R. 31. Bootlie. Jacksonville—W. F. Bearden. Wilcox.—Supplied by J. W. Skipper. Mt. Vernon—W. D. McGregor. Oliopee—J. J. Giles. Reidvine—W. T. 3rc3Iichael. Swainsboro.—W. F. Roberts. Wriglitsville.—C. D. Adams. Oconee.—Supplied by F. W. Flanders. Dublin Circuit.—H. A. Hodges. Summerville.—C. A. 3Ioore. —Tbe imbibers of champagne, says the Now York Sun, will regret to hear the opinion of tlie great purchasers, Messrs. Roper, that “thisyear’s vintage must prove, both as regards quantity and .quality, the worst on record.” In some districts ot the Champagne grapes will not realize the cost of gathering, and therefore are allow ed to remain on the shoots; in others only red wine . for. The workingmen can be made. The sMpper^jiave refrained frtka making any purchases, so that the growers are left to do the best they can. Still, the sparkling wine will be as.plentiful as ever over here, and confiding souls will wax merry over chemical compounds that were never within fifty miles of the French Custom House officer. A Wealthy Western New Yorker. —Mrs. H. Sibley, of Rochester,; has erec ted a Protestant Episcopal Church in ^North Adams, Mas*, at an expense of $25,000. This lady is.the wife of the gentleman whoendowed the Sibley College of Arts,—a gift valued at j$80,000. Mr. Sibley is one . of the • wealthiest men in Western New York. His possessions are not made the subject of public comment a3 frequently as those of other millionaires, and, therefore, it Is not .generally known how vast they arc. The • bulk of the for tune was realized from the profits derived in constructing telegrapMc lines, which he was largely interested with Ezra Cornell. 3Ir. Sibley is the owner of an immense quantity of real estate. During thesum- mer he told that he had one corn field in Illinois wMch contained 4,000 acres; he also said that if he were to visit one of his farms every week it would require just a year to make the round. —George Augustus Sala tells the Balti more American that he left England to get away from the exasperating political broil with whieh his countrymen are now afflicted. Hesays that as much bitterness of feeling now exists between the advocates and opponents of the Bcaconsfield policy as existed in this country in reference to the outbreak of the great civil war. “Worse than all,” adds 3Ir. Sala, “here comes the Irish trouble to cap the climax.” A Windfall for the Lawyers The Atlanta and Gulf Railroad was re cently sold in Savannah, for $300,000 cash, after having been through the court.. Up to this time the Court has ordered paid out of the earnings of the road since the receivers were appointed: To Judge CMsolm, $5,000; to General Lawton, $5,- 000; to Captain Falligaut, $2,500, aud to each of the receivers a yearly salary of $7,500. In addition to these sums the following fees were allowed on Wednesday: To Judge Chisolm, $90,600; to General Law- ton, $12,000; to Captain Falllgant, $10,- 000; to the receivers, $4,000 each, $8,000; to Samuel A. Strang, as trustee of the second mortgage bondholders, $1,250; to Eugene Kelly, as trustee of the -second mortgage bondholders, $1,250; to Morris: K. Jessup, surviving trustee of fho first mortgage bondholders, $2,500. Thus, making a total of $95,600 now to be paid to three lawyers, the two receivers and three trustees. The laborers and em ployees of the road, who have claims amounting to about $120,000, are at present whistling for them money. ^.Bullock.—Supplied by J. B. Bums. ' Cobbtown Mission—B. S. Key. Bryan Circuit—W. M. C. Conley. —Fifty thousand acres of land In Parker and Palo Pinto counties, Texas, have just been purchased by- a French capitalist for colonization purposes. —Three hundred mounted men rode through Elliott County, Kentucky, whip ping all the reputed tliieve3 and hanging two confessed highwaymen. —Figaro calculates the cost in gas en tailed by a recent fog in Paris at $145,937, in shops and offices alone. What must fogs cost, then, in London? —After following the duke of Bruns wick’s will by expending $1,400,000 to his memory and as much more on a magnifi cent opera house as he directed, the city cf Geneva is officially informed t.iatthe will is null and void. ; ■ . .. • —Gambetta Is reported to.be of the opinion that it is bad wine which makes so many French communards; so he ad vocates a removal of the wine tax, in be half of the workingmen. The Republi can leader is, no doubt, to a great extent, right in his surmise. ■Near a blast furnace at Carondelet,’ Missouri, is a reservoir into which the ex haust steam and waste water from the boiler are sent from underground pipes. A tramp fell into this terribly hot place, and-was boiled to death so-quickly that he did not stir or utter a cry. —The Boston Herald publishes inter views with Senator Butler and Governor Simpson, of South Carolina, in -which both of them say they" would rather see ^General Grant elected President next year than any other Republican. This is hard to believe, but the Washington Star says it is so. -Among the many productions of Cali fornia’s fertile soil, the olive promises to be one of the most valuable. An intclli- The Fate of the Chinaman. . The Nashville American quotes a Cali fornian recently returned to that city as authority for the opinion that tho anti- Chinese feeling in that State will erentu- ate in a general massacre of all the Mon golians in that State. Tho facts declared * are that these Chinese are displacing all American mechanics, laborers aiid ser vants—they attend to their own business entirely, and sever spend any money, but save it all. These things make them “in tolerable and not to be endured.” “They must go; aud will probably take their upward flight on the wings of a bowie- knife before long.'’ Moreover they are a saffron-colored race, and the wards of no body. A yellow nation bas no rights en titled to respect A Poor Turkey. The Constantinople correspondence of the London Times tells a doleful story of the Turkish finances. The government is utterly bankrupt. The troops hare not been paid for five months, and now, at last, it is impossible to supply rations. The treasury is beset day after day by tho unfortunate and starving wives and chil dren of claimants, aud an entrance into the building by tho official* is a work of strategy. A similar condition exists in all the provinces, and yet the scanty reve nues collected in them are peremptorily ordered to be sent to Constantinople, and the troops in the vicinity left without re ran The Grand Turk is apparently on his.last legs. The Cotton Crop. The Agricultural Department cotton crop figures for 1st December, indicate no great cliauge from the November esti mate. The falling off is heavy in the Car- olinas and Georgia—lighter in Florida, Alabama and Tennessee. The gain is great in Mississippi. The loss is noidl- nally considerable in Texas, but by rea son of the increase in cotton are* in that State, it will show a real gain in hales. Arkansas shows a heavy a*in, and so will Tennessee, ft i» * log*#* statement, but we should say it indicated a small felling off from last year.