Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, December 23, 1879, Image 3

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_____ -p. * tjtT I cause it contained the unjust assumption ]3Y TELEGRAFJtL that negroes had been ill treated by the -r whites. ’’ *■ *— I To show that this was not the case, he Augusta, Me., December IS.—Full quoted cx-Govemor Holden, Hon. R. C. details of the count made by the Governor Badger and several Republican State Rep- and Council show the following results: resentatives and prominent colored citi- In the Senate, the Fusionlsts are given zens of North Carolina, who declared that twenty members and the Republicans , the colored people of that State had not J ” ' 1 “» I been unfairly dealt with. Mr. Ransom thought the Southern teeatment of the ne groes would compare favorably with the Northern treatment of the Indians. One race was visibly and rapidly improving; the other was disappearing from the earth. Mr. noar, of Massachusetts, asked if the negroes were well treated in the South, why they were emigrating to an inhospi table climate. Mr. Ransom asked, in re turn, why, if people were once well treat ed in Massachusetts, they were emigra ting to Tennessee ? If the cause was op pression in one case, why not in the other? Mr. Ransom thought the exodus was due to the misrepresentations of various people, perhaps of some Republican Sena tors. He would like to know why the colored emigration had been diverted from Kansas to Indiana. Mr. Windom.—Perliaps because the ne groes, as Mr. Hill says, are so fond of Democratic rule, and Indiana is about the only Northern Democratic State left. Mr. McDonald.—I would suggest that it is because they are more fond of Demo cratic than Republican charity. Mr. Windom quoted from the report of Senators Bayard, Beck and Blair during several years when they were investigating the condition of the Southern negroes to the effect that in the natural course of events there was no future alternative for the negro except exodus and extinction. Mr.' Hill called attention to the fact that when this report was made the Re eleven. In the House, the Fusionists have seventy-eight members and the Re publicans sixty-one. Five cities with twelve Republican representatives (viz. Portland, Bath, Lewiston, Rockland and Saco) are disfranchised. The House will thus be twelve members short at its or- ganization. London, December 18.—A Candaliar dispatch says a conflict occurred between the Ileralti and Cabul troops near Herat. It is uncertain which party was victorious, but Zakoo Khan lias been imprisoned by the Cabuli, who lisld the citadel under .the leadership of a low adventurer, who has been proclaimed Governor in Ayoob Khan’s place. The Afghans hold Bala- hissa and Cabul. London, December 18.—Details of the last Chilian victory, state that the allied forces of Peruvians and Bolivians, 11,000 strong, inarching northwards from Noria to effect a junction with the rein forcement of 0,000 men, under command of President of Bolivia, attacked on the 21st of November, the Chilian advance corps of 0,000 men, who occupied an en trenched position at Doroles, near Agua Santa. The Chilian’s heavy cannon com mitted great ravages among the ranks of the enemy, whose cavalry charged three times upon the guns and attempted to carry them, but tlicir efforts on each occa sion was unsuccessful. In the evening, the rear of the Chilian force came up aiid decided tlie day. The allied forces were driven hack and their camp taken, in which thirteen^can- j publicans had control of the Southern non were'found. Many wounded officers Including the Bolivian General, Villigas, was taken prisoner and another of the al lied generals killed. The losses of Chilian forces were heavy. Washington, December 18.—In the Senate, the Vice President laid before the Senate a communication from the Secre tary of the Treasury, transmitting, in ac cordance with Senate resolutions calling tliereTor, information concerning the effect upon tlie revenues and upon consumers of the repeal of the duty on tea and coffee in 1872. Referred to the Committee on Fi nance. Mr. Saulsbury, from the Committee on Privileges and Elections, reported a reso lution that an attachment issue to the Sergeant-at-Anns, commanding him to bring to the bar of the Senate, for con tempt, Mr. Smith and other witnesses sub poenaed by tlie sub-committee to investi gate charges against Senator Ingalls, and who have refused to testify. Adopted. Mr. Hoar presented a petition signed by Robert C. Wintlirop, Charles Francis Adams and other distinguished citizens, members of the Massachusetts Historical Society, praying a suitable appropriation for the erection of a monument to com memorate the victory of Yorktown. Re ferred to tlie Committee on the Library. Mr. Hoar presented a petition of citizens asking tlie appointment of a labor com missioner. Referred to the Committee ou Education and Labor. The resolution introduced by Mr. Davis, of West Virginia, reported yesterday, from the Committee on Agriculture, instructing tlie Agricultural Committees of both Houses to consider the subject of agricul ture and report what ought to be done by the government to promote agricultural interests, was adopted. The Senate proceeded to consider the pension appropriation bill, and it was passed. The Senate took up Mr. Voorliecs’ reso lution for tlie appointment of a committee to invest igate tlie causes of negro emigra tion from the South, and Mr. Voorliecs spoke upon it. Tlie President sent tlie following nomi nations to tlie Senate to-day: Cohen C. Williams to be United States Consul at Swintovv, China; Samuel Spackman, of Pennsylvania, to be United States Consul nl iaitaoil liCHO at Owensboro, Kentucky. At a meeting of tlie National Republi can Executive Committee, yesterday, Col. Thomas B. Veagh, of North Carolina, was elected to succeed ex-Govemor McCor mick. In tlie House, ou motion of Mr. Gibson, of Louisiana, a resolution was adopted authorizing tlie Committee ou tlie Missis sippi Levees to proceed over the Missis sippi river to its month, at such times as tlie committee may direct, for tlie purpose of acquiring knowledge of its peculiar condition and wants and gathering infor mation relative to the liest method for its improvement, with power to take testi mony. Tlie call of committees for reports is now progressing. Indianapolis, December 18.—Samuel E. Perkins, Chief Justice of the Supreme Court of Indiana, died at midnight. Richmond, December 18—A bill was introduced in the Senate to-day by Mr. States. The government’s situation was then indeed deplorable, and if it had con- continued, there might indeed have been no alternative between exodus and ex tinction. But the situation was now hap pily changed. After sorno further debate, in which Messrs. Ingalls, Hill, Jonas, Davis and others participated, and after a slight mod ification of Mr. Voorhees’ resolution, a vote was taken thereupon, and resulted in oyes 27, nays 12. The Senate then ad journed. In the House a bill wus introduced aud referred as follows by Mr. Gibson, of Lou isiana: To authorize national hanks to make loans on real estate; also to repeal section 3412 of the revised statutes with regard to national hanks. > By Mr. Acklin, of Louisiana—For the regulation of the inter-State freight and passenger rates, and to relieve the same from the restrictions of local quarantine. Mr. Gatcb, of Missouri, from the Com mittee on Agriculture, reported a bill to repeal so much of the internal revenue law as prohibits farmers and planters from selling leaf tobacco to others than manu facturers without paying a special tax. Referred to the Committee of the Whole. Mr. Scales, of North Carolina, Chair man of the Committee on Indian Affairs, reported back, with amendments, the Sen ate bill for the removal of the Utes from Utah, and asked for its immediate consid eration. The House went into a committee of the whole, laid aside previous business and proceeded to debate on it at great length. Washington,December 18.—The sub committee of the House committee on militia, to whom was referred tlie resolu tion authorizing the Secretary of War to furnish the Cherokee Artillery Company, of Rome, Georgia, with a battery of field artillery and equipments, have agreed to report favorably upon the bill, with an amendment that tlie Secretary of War be authorized to loan to said company a bat tery of four guns with equipments and take bond for tlieir safe keeping and re turn when called for. General Bennet, Chief of Ordnance, has assured Represen tative Speer, Chairman of the sub-com mittee, that he can readily supply guns »«I <xjuipmontO» Andrew Clark, Internal Revenue Col lector at Atlanta, Georgia, in a dispatch to Commissioner Raum, reports seizure of four illicit distilleries, and says the deputy marshal accompanying him, has made several arrests. Savannah, December 18.—At the the stockholders meeting to-day, Presi dent Wadley, of the Georgia Central Railroad, announced that tlie policy of the company had been to leave undis turbed the established centres of trade, but the ample facilities it possessed would be employed to circumvent hostile legis lation, which had been foreshadowed in tlie interest of other lines detrimental to tlie Georgia Central and the city of Sa vannah; that the company were prepared to accord every privilege desired by the Northwest in the transportation of freight, aud he could not divine the motive of those who, rumor had it, were striving to open up new lines which would injurious ly affect Savannah and the Central Geor- imrouuceu ... u, ^r. ja Railroad, wh en there was no necessi- F ulkerson, to incorporate the Richmond The Comnanv however, were and Southwestern Railway Company, tlie j ,jetennined to use all tlieir advantages to road to extend from some point in the tlu ,ir interests. southwestern boundary line of Kentucky to aud through the city of Uiclunond to tidewater in the State of Virginia, It is claimed that tlie incorporators propose to expend $5O.0!*0,000 in Virginia In the construction cu the road aud development of the mineral and other resources of the State. No progress was made to-day in the General Assembly in the election of Conn ty Judges, aItftough a number of candi dates had lieen selected by the Readjus tees in caucus last night. The delay was due to some demoralization among the members of tlie dominant party, arising from dissatisfaction with several of the caucus nominees. The resolution was therefore adopted, postponing the joint order until to-morrow. In the meantime a caucus of the Jieadjusters will be held to-niglit. Everything will be set right, and tlie work v ! 11 go on again. Petersburg, Va., December 18.—A large cot. on gin at Weldon, North Caro lina, belonging to Thomas L. Emery, was destroyed by lire to-day with fifteen bales and a large quantity of loose cotton. The loss is $.">,000, no insurance. Tlie fire originated by tlie friction of tlie gin ignit ing tlie cotton which was passing through it. An adjoining building valued at about $200, belonging to the Petersburg Railroad Company, also took fire and was completely destroyed. Washington, December IS.—The tak ing up by the Senate of Mr. Voorhees’ resolution for the appointment of a com mittee to investigate tlie negro exodus in the South, led to a long and animated de bate, which occupied most of tlie fore noon. Mr. Voorliecs said it was desirable to know whether the exodus was or was uot caused, as alleged, by unjust, political treatment of tlie negroes at the South. Indiana did not wish to be colonized by negroes any more than California to be colonized by China. He considered Mr. Windom’s amendment, providing for in quire with regard to setting apart separate territories for tlie negro colonists prema ture. Better \pt the committee act on its own discretion with regard to such sug gestions. After a brief defense by Mr. Windom of his amendment, Mr. Hill, of Georgia, said he was tired cf these Con gressional investigations. The negro ex odus would settle itself. The talk about Ihe causes of tlie movement was gammon. *be negroes were contented in direct pro portion to tlie time the Southern States had been freed from carpet bag rule. Tlie number of colored school children in Georgia would probably reach ninety thousand this year, and the tax books snowed that tlie colored people of that state owned more than five million dol lars m real property. The discontent among the negroes xvas in tlie unthrifty an d worthless, who were worked upon by designing men. He had doubted tlie capacity of tlie blacks to become good citizens, but was glad to ad- init they had done better than was ex- ported. They had found out that their old masters, instead of being their worst eneinios as they had been told, were their best fricuds. lie would not, however, op- pose the resolution further, than to depre- It on general principles.- The vote was then taken on Mr. Win dow s amendment, which was rejected, ilr. Hill and Mr. Garland voting with the Republicans. The debate was then re sumed. Mr. Ransom, of North Carolina, said he voted against the amendment be- protect their interests. Chicago, December 18.—Fowler Bro thers have discharged two thousand hands in their packing house at the stock yards, because they insisted that no non-union man should work with them. Other houses are running very few hands, and the whole number of workmen now idle is estimated at 5,000 to 8,000. literal pau pers. Washington, December IS.—Post master General Key has ordered the es tablishment ot free delivery system at Macon, Georgia and Little* Rock, Arkansas, to go into effect January first. The House Committee on the revision of laws considered and discussed at some length tc-day, a joint resolution intro duced by Mr. Townsend at the last session of Congress, proposing an amendment to the Constitution that no claims shall here after be paid or allowed by the United States as damages or otherwise, for any property, real or personal, taken, injured, used or destroyed by the United States troops or by tlie order of any officer, civil or military, acting under the authority thereof during the late war, for the main tenance of the Union in any of tlie States which were engaged in tlie war against the government of tlie United States. The committee postponed action upon the bill until after the holiday recess. Fair and Festival. Tlie ladies of Vineville, in order to raise money to make some very needful repairs to the church building, hold a fair and festival to-niglit, at which they would be pleased to see their friends and the pub lic generally. Public Meeting in Jones Countv. The citizens of Jones county are invited to attend a meeting to be held in Clinton on Saturday, December 27tli, for the pur pose of appointing delegates to the rail road convention, which will assemble in Macon on the 30th instant. R. T. Ross, and others. —The latest product to which California soil lias been found well adapted is opium, of which a superb quality, much superior to the opium of commerce, lias been raised in tlie Sonoma Valley. The only obstacle to its cultivation is tlie fact that labor costs more than in the Orient, but that is oflset by the better quality of the domestic article, and the absence of heavy duties. There seems to be hardly any product of the earth that cannot be raised in some part of the Golden State. Tea, figs, oranges, lemons, bananas, olives, dates, even tlie cinchona tree and poppy plant grow there along with the fruits and vege tables of temperate climes. “I always let a cold go as it come3,”— one says; which means that he overworks the system in getting rid of a cold rather than assist it by using Dr. Bull’s Cough Syrup. Price 25 cents. Patience and gentleness are useful and powerful, but they cannot cure a cough, which, however, Dr. Ball’s Cough Syrup will always do. SUPREME COURT. Decisions Rendered December 16th, 1879—Hon. Hiram Warner Chief Justice, Hon. James Jackson and Logan E. Bleckley Associate Justi ces. Benton vs. Roberts et al., commission ers. Complaint from Jasper. Warner, C. J.—It appears from the record in this case that the plaintiff, James Benton, on the first day of April, 1878, brought his equitable action against tlie county commissioners of Jasper county, (making the tax collector and his securi ties parties thereto) for the purpose of re covering the sum of $767.52, which he alleges he had paid to the county as one of tlie co-securities of James F. Blackwell, tax collector of said county. The follow- i ng are the substantial allegation contained in his-declaration: That on the 24th of May, 1872, the county judges of Jasper county, having by law jurisdiction and control of the assessment and collection of taxes of said county, issued an execution against Blackwell, tax collector, and his sureties, (one of whom was the plaintiff) for the sum of $510 with interest thereon at the rate of twenty per cent, per annum from the twentieth day of December,1S69, for arrearages of taxes due from said last mentioned day and year by said tax col lector; that said tax fi. fa., on the 24th day of July, 1872, was by the deputy sheriff of said county levied on the property of the plaintiff as one Of the. defendants therein; that afterwards (to- wit), on tlie 13th of May, 1873, by the ad vice of counsel he paid oil* said fi. fa. as against himself by paying to said county through its attorney and the deputy sher iff the sum of $767.52, and took tlio con trol of said fi. fa., as is allowed securities in such cases, and sought to reimburse himself by enforcing it against his cosure ties and defendants pro rata; that on the 3d of July and on the 20th of August res pectively he caused said fi. fa. to be levied on the lands of S. W. Blackwell aud E. W. Baynes, two of his co-sureties and de fendants, who thereupon filed their affi- davits^of illegality to said fi. fa., which were sustained by the court at the Octo ber term thereof, 1876, and tlie said fi. fa. was ordered to be quashed and annulled on the ground that tlie same was not founded upon nor issued from any court of competent jurisdiction, and was with out any judgment of any court to support it, which judgment quashing said fi. fa. and dismissing the levies aforesaid made thereunder, was not excepted to and is now of force. Tins plaintiff alleges that there was nothing due from said tax col lector to the county for taxes when said fi. fa. was issued, but if there was, is willing to pay his share of what may be found to be due, and prays that an accounting may be had between the plaintiff and said county of Jasper and the other defendants, and if nothing sliall be found to have been due by said tax collector to the county, that it may be adjudged to pay tlie plaintiff the $767 52 collected from him, or whatever amount may be found to be justly and equitably due to him, etc. To this equitable action of tlie plaintiff the county commissioners demurred: First, because it appears ou the face of the plaintiff’s declaration that his cause of action is barred by the statnte of limitations. Second, for misjoinder of parties. The court sustained the demur rer, and the plaintiff excepted. It appears from the bill of exceptions that pending the demurrer, the plaintiff moved to amend his declaration by striking therefrom the names of the parties objected to, and after the judgment of the court upon the de murrer tlie plaintiff voluntarily took an or der to strike the names of the tax collector and his securities from the declarat ion. One ground of exception is, that pend ing tlie demurrer, the court allowed the defendant’s counsel to read Benton’s affi davit of illegality and the judgment of the court thereon, which was not mentioned or referred to in the plaintiiFs declaration. Tlie judge certifies that he did not recol lect it, lint states that tlie judgment of tlie cuuii iv as predicated solely upon tlie facts contained in tlie declaration. The only question therefore for our discussion, is whether the demurrer was properly sus tained on the ground that the plaintiiFs cause of action was barred by tlie statute of limitations. The money was paid by the plaintiff on the tax execution issued by the county judge in favor of the county on the 13th of May, 1S73, aud the judg ment declaring tlie fi. fa. void was ren dered in October, 1876. In view of the facts of this case, as disclosed on the face of the plaintiff’s declaration, did the stat ute of limitations commence to run against hint from the time of the payment of the money, or from the time the execu tion was quashed by the judgment of the court ? The county judge, who issued the tax fi. fa., was the officer and agent of the county, and had by law jurisdiction and control of the assessment and control of the taxes of the county, and, in its name and behalf, issued the tax fi. fa., which was regular upon its face, and caused it to be levied upon the plaintiffs property as a valid and legal fi. fa. To save his prop erty from sale under it, the plaintiff paid it as one of the tax collector’s securities, so as to enable him to control against his co sureties, as provided by the 2170th section of the code. Can the county of Jasper, the defendant, during the time it was (through the plaintiff who had been sub rogated to all its rights) enforcing the fi. fd. as a legal and valid li. fa., it having. coerced tlie payment of it from him, and 1 with the money in its treasury, thus ob tained, plead the statute of limitations un til the fi. fa. was afterwards quashed ? We think not, and that the statute m this case only commenced to run in favor of the de fendant when the fi. fa. was quashed in October, 1870, and therefore the plaintiff's cause of action was not barred by tlie stat ute of limitations, and that tlie court erred in sustaining the defendant’s demurrer to the plaintiiFs declaration. Let the judgment of the court below be reversed. George T. Bartlett; Bolling Whitfield, for plaintiff in error. Fleming Jordan, by Z. D. Harrison, for defendants. Blecbxet, J.—If it be true that par-! less, and introduced proof‘to that effect, ties are entitled to a special jury, taken’and that no tender of such a mule had from the grand jury, to try an appeal .com- ! been' made. ing from a justice's court to the superior) Held, that tlie defendant was entitled to court such right is waived by selecting . have that issue submitted to the jury, and without objection, a jury from the traverse . that the courterred in charging the jury juries instead of the grand jury; and after that “if you are satisfied front the evidence a jury lias thus been selected in daeifonn, j that at the time .of the sale of the mule it is too late to demand another. Judgement affirmed. W. W. Williamson, by brief, for plain- tiffin error. Sanford & Furman, by brief, for defend ant. McCulloch vs. Good, Small & Co. Ap peal, from Jones. Bleckley, J.—1. The general law pro viding for affidavits of illegality to execu tions, does not apply to distress warrants for rent, defense to such warrants being specially provided for, on condition of giv ing security for the eventual condemna tion money. Where security is not given, the levying officer is not authorized to receive any affidavit, or to return any is sue for trial, and if he so do, the court should dismiss the same ou motion. Af ter the counter affidavit is dismissed, both parties are out of court. 91, Georgia 169. 2. Only landlords, or those to whom they have duly assigned their liens for rent, can collect by distress warrant; and if other creditors resort to this remedy, they will do so at the peril of answering for all damages. Judgment affirmed. C. L. Bartlett, G. T. Bartlett; R. E Hardeman, for plaintiff in error. No appearance contra. Latimore vs. The State. Burglary, from Wilkinson. Bleckley, J.—1. Where the only ex ception is to the refusal of the court to grant a new trial, a ruling or decision of the court not referred to in the motion for a new trial is not covered by the writ of error. 2. If newly discovered evidence be merely cumulative, or not likely to pro duce a different verdict, or if the circum stances strongly indicate the want of full diligence, on the part of the movant, in bringing out the alleged new facts, a trial may be refused. The evidence adduced on the trial was sufficient. Judgment affirmed. J. W. Robinson, H. G. Gilbert, for plain tiff in error. Robert Whitfield, Solicitor General, by Jackson & Lumpkin, for the State. Gerding & Co. vs. Bell. Homestead, from Putnam. BLEckLEY, J. The widow of a debtor who died in October, 1877, applied in De cember, 1878, fora homestead of realty, to to the value of $2,000, in the estate of her husband; Held, that tlie homestcod provision in the constitution of 1868 was applicable to tlie case, and that said provision was kept of force by the constitution of 1877, in re spect to debts contracted under the former. Judgment aflirmed. W. B. Wingfield; H. A. Jenkins, for plaintiffs in error. W. J. Jenkins, by brief, for defendant. Gerding, surviving partner, vs. Ander son, Star & Co. Motion, from Putnam. Jackson, J.—To require the Supe rior court to consolidate three ac tions on three promissory notes into one, tlie defendant must make it it appear to the court either that he has no defense or that the defense is the same to all the of tlie notes; and in the latter case he must aver what that defense is, so that tlie court inay adjudge whether it lie the same in all the cases. Judgment affirmed. W. A. Reid; W. B. Wingfield, for plain- tifi in error. W. F. Jenkins, by brief, for defendants. Samuel Walker vs. Huff, defendant in fi., fa., Wall, sheriff, Johnson, claimant of fund in court. Rule, from Baldwin. Jxeiuus; J. I. The defendant in fi. fa., who claimed the fund as exempted by tlie ordinary, not having been served with the bill of exceptions, this court will not review the judgment of the superior court on the validity of that exemption. 2. The exemption of the fund being treated as valid, an unrecorded mortgage for purchase money will take in preference to one duly recorded to secure a debt not within any of the exceptions of the con stitution rendering the exemption liable— both mortgages having been foreclosed and the executions in the sheriff’s hands. Judgment affirmed. F. C. Furman, by brief, for plaintiff in error. W. W. Williamson, by brief, for defen dants. Williams vs. the State. Burglary, from Glynn. Warner, C. J.—The defendant was indicted for the offense of burglary in the night time, and on liis trial therefor was found guilty. A motion was made for a new trial, on the grounds therein stated, which was overruled by the court, and the defendant excepted. Upon looking into tlie record and tlie bill of exceptions, we find that the presiding judge approved the truth of the grounds in tlie motion for a new trial, and therefore we reverse the. judgment on the ground that the court re fused to allow the defendant’s counsel to poll the jury. This is not an open ques tion in this court; section 62d, Georgia reports 478. Let the judgment of the court below be reversed. Mabry & Crovatt, for plaintiff in error. S. W. Hitch, solicitor general, for the State. Vulcan Iron Works vs. Brown. Equity, from Riclimoml. Bleckley, J.—1. Matters presented and overruled on a motion to dissolve in junction, may be again uiged at the prop er time on demurrer to tlie bill, ifthey are pertinent as grounds of demurrer. 2. If an assignee of the debtor, for the payment of creditors generally, or for the payment of certain preferred creditors, lias title as such to clioses in action which a particular creditor is pursuing by gar nishment and endeavoring to collect, the interposition of a claim in the garnish ment proceeding, under section 3541 of the code, is an adequate remedy at law in behalf of the assignee, and the interfer- enceof equity by injunction isunnecessaiy. 3. After a demurrer has been submit ted to the court fop decision, the absence of tho*counsel of one of the parties for the balance of the term with leave for mally granted, is no reason for withhold ing judgment on the demurrer when the court is ready to pronounce it. 4. When a demurrer is properly sus tained, the consequences are to be dealt with between the remaining parties in subsequent stages of tlie cause. Judgment affirmed. Frank II. Miller, for plaintiff in error. D. S. Printup; Davenport Jackson, for defendants. Milledgeville manufacturing company vs. Ethridge. Appeal, from Baldwin. White R. Smith vs. R. A. C. Bryan. Claim from Emanuel. Jackson, J.—This was a motion for a new trial. In such a case it is not neces sary that the brief of evidence be embod ied* in the bill of exceptions, but it may come up in the record, if it be referred to in the bill of exceptions, so that tlie atten tion of tlie presiding judge is directed to it. Code 4253. No reference is made to tlie brief of evidence in this bill of excep tions, nor docs the record contain any approval thereof by the judge. The only grounds for the new trial are that the ver dict is against law and evidence: there fore the evidence is absolutely necessary to review the ease, and tlie writ of error must be dismissed. The plaintiff in er ror loses nothing, however, by the dismis sal; for if what purports to be the evidence in the record be that which was before the superior court, and if the court charged the law correctly (and there is no copy of the chaige or exception thereto in the record, and the presumption is that the court did so chaige correctly,) the case made is one of fraud or no fraud, and in case of fraud a trust resulted in Smith, the grantee and claimant, for the benefit of Daniel, the defendant in fi. fa., as Dan iel’s mule paid for the land, and it was properly subjected to the payment of his debt, tlie jury having found that issue of fraud in favor of thcplaintiffin execution, which must have been done if it was prop erly submitted by the charge. There is sufficient evidence, if that wltich puiports to be evidence be correct, to sustain such finding; and thus in any event the judg ment would have been affirmed. In order to preserve the uniformity of our decisions and the plain statute (Code, 4263), the bill of exceptions being defective, the writ of error is dismissed. B. W. Carswell, by brief, for plaintiff in error. No appearance contra. DeGive vs. Seltzer. Injunction from Fulton. Jackson, J.—Tlie obstruction of any twenty foot alley dedicated to the use of the grantees of the lots adjoining the said alley by a common grantor, who divided the block lying between four public streets by said alley for the convenience ot all tlie grantees, by the erection of two privies thereon projecting two feet four inches into the alley, and each six feet wide, is a nuisance, and a court of equity, at the instance of one of said grantees, the windows of some of the bed rooms of whose private* residence overlook said alley, will restrain another from the erect ion of said privies upon an alley to the tin- obstructed use of the whole of which alley both grantees are tenants in common. The city council lias no legal authority to au thorize said obstruction to be made, and from the nature of tlie case, if the build, ings were finished, the damage could not be estimated in money, and injunction is the only adequate remedy. J udgment affirmed. D. F. & W. B. Hammond, for plaintiff in error. Hopkins & Glenn, for defendant. Bentley and wife vs. Johnson. Com plaint, yrom Wilkinson. Jackson, J.—1. -Where a mule is sold on credit and title is reserved in vendor until payment, and before payment is due tlie mule dies without fault in the vendee, can the vendor recover on the note for purchase money; quere? 2. Where the defendant sets up no ab solute warranty of soundness, but defends on the ground of failure of consideration in this, that plaintiff agreed that if the mule did not live to make the crop of that year, lie would furnish another mule worth $150, and that the mule did not live to make the crop, but was wholly worth- (the consideration of the contract sued on) the plaintiff expressly refused to warrant the soundness of the mule, then you should find for the plaintiff, even if you believe tiiat the mule was diseased when sold, and died of the same disease,” and in fail ing to charge to the effect that if the con-, tract was as set up-by defendant and the mule was diseased at the time of sale and > died of that disease without making the crop, and plaintiff* had not tendered an other mule according to contract, then the plaintiff could not recover. Judgment reversed. O. Bower, by Z. D. Harrison, for plain tiffs in error. No appearance contra. The Proposed Repeal of Legal Ten.' der United States Note*. In corrobration of the masterly argu ment of Senator Morgan, of Alabama, against -Mr. Bayard’s bill for the repeal of the “legal tenders” that sagacious and in fluential New York journal, the Commer cial Bulletin, makes this emphatic deliv erance: Now, in all the large money centres of the United States and of Great Britain, coin and bank notes only compose about five per cent, of the daily payment l into aud out of the banks. Hence the with drawal of the legal tender attribute of the United States rotes would be of little im portance, were it not for the clause of the National Bank Act which compels the great money centres * to keep on hand, at all times, in lawful money, 25 per cent, of their entire deposits. Withdraw the legal tender attribute of United States notes, and immediately the amount of legal money within reach of the hanks will be diminished to the extent of $346,000,- 000 and hence they will be forced at once largely to diminish their loans to their dealers, which compose 95 per ce.nt.of the instruments with which the large mone tary operations of the whole country are effected. Should such a measure he enacted by Congress, a severe monetary panic would be inevitable, and all the op erations of industry, commerce, tlie Stock Exchanges and banking tlirougliout the country, brought to a sudden standstill. Will Congress and the public press aid in bringing sueli a disaster on the country by joining in the senseless outcry against tlie legal tender notes, which arc, at present, the foundation of all the monetary opera tions of the country? This certainly is sensible talk. What better circulation can we have than a cur rency backed up by the imprimatur and whole power of the United States govern ment? If such a guaranty is not suffi cient, why is it that even the lowest Fed eral bonds are in such universal request? And why is it that even the greenbacks that are not legal tenders, command in New York this day a premium over gold ? We had hoped that the financial question had been settled, at least temporarily, and would form no disturbing element in the present Congress. But the Democrats seem fated to throw away tlie trumps they hold every time. Public Meeting of the Citizens of Macon on the lease of the Macon and Brunswick Railroad. Editors Telegraph and Messenger.— As the 30tli instant is near at hand we recommend that the people of the city of Macon and of the county of Bibb, meet at t e City Hall on Saturday, the 20th inst., 12 o’clock, for the purpose of appoint ing delegates to the Railroad Convention on the 30th inst. Respectfully, Johnson & Harris, Charles J. Harris, Jaques & Johnson, W. A. Julian, Nus- baum & Dannenburg, S. T. Coleman & Co., W. F. Cannon, C. L. Bartlett, Bernd Brothers, E. Price’s Sons, F. S. Johnson Sons, Robt. II. May & Co., A. O. Bacon Isaac Hardeman, Rankin, Massenburg & Co., A. B. Small, B. Dub, O. G. Sparks & Son, J. W. Rice & Co., Flanders Broth ers, S. Waxelbaum & Bro., J. J. Flanders, S. S. Dunlap & Co., Isaac L. Callaway, George T. Rogers’ Sons, I. C. Plant, Tinsley, Brother & Co., G. Beggs, A. P. Whittle, B. L. Willingham, J. W. Burke & Co., Collins & Winn, James T. Nisbet, T. Hardeman, Jr. Tlie foregoing notice will doubtless elicit a warm response from our people and section, who are so vitally interested in the result of the lease soon to be made of the Macon and Brunswick railroad. The gentlemen taking the call around could have^ obtained any number of sign ers, as the feeling is well nigh unanimous in favor of the movement. , -. , . . rustees and a number of the gang, which An earnest attempt will be made to or-j cu i minat ed 5n a general row. During the i: tt~.- GEORGIA PRESS. N$hen a man attempts to shake hands with a cotton gin in full motion,he should remember that cordiality is not expected of him. He should extend only one fin - ger patronizingly; it will always be taken. By observing this rule he can shake hands with .more than one gin. Mb. Hf.nby B. Fbazer, of Augusta, is dead, The Courier has organized a boom in favor of the Stellarville railroad. Tiiomasvillx is inclined to be a little proud over her ripe strawberries and Le- Conte mars, We would like to publish all that our exchanges have to say upon our new dress, but space forbids. We can but bow our thanks. “Ocb County” tliink3 thateach “pole” in Georgia should be taxed for education al purposes. The Ishmaelite says the “poles” are not located in Georgia, and that the plan is therefore impracticable. We are inclined to think that “Our Comi ty” meant the polecat, and we heartily endorse the proposition to tax him for ed ucational purposes. We know of no more touching sight in the universe than a pole cat teaching the ignorant masses. Chronicle and Constitutionalist: Intel ligence reached this city yesterday after noon of a most atrocious murder at Mc- Bean, on the Central road, fifteen miles from Augusta, Monday night. The vie* tim was Mr. William Haralson, a young man about eighteen years of age, who kept a store at the station. He had made arrangements for coming up to Augusta to purchase Christmas goods, and it is supposed liad a considerable sum of mon ey in the store for that purpose. It is said he instructed a negro named Anderson Jones to call him early in the morning, in time to take the passenger train for Augusta, having frequently called upon Jones for similar services before. We also heard it stated that Jones slept in the store, so as to be certain about calling Harralson. Yesterday morning the store was closed, but as it was known that Harralson was coming to Augusta no at tention was paid to the fact. About 12 o’clock, however, Harralson’slittle brother went to the store and opened the door, when a horrible scene met his gaze. His brother was lying on the floor dead, in a pool of blood, his head crushed by a hatch et which was near by. The boy at once raised the alarm, and in a short time sev eral neighbors gathered at the spot. The unfortunate young man had evidently been killed tor tlie putpose of robbery, as his money was gone. The negro Jones was missing, and suspicion was directed to him as tlie murderer. As it was supposed that he liad come to Au gusta, a messenger was sent on the freight train to inform the police. This- he did promptly, and Jones was found ini a short time near tlie depot. He denied all knowledge of the murder, and said he was on his way to South Carolina to get married. He declared that he came to Augusta Tin the morning passenger train, but the employees of the road on that train, stated that he did not. The police were also informed that Jones was seen in Augusta yesterday morning before the train arrived. He told one of the officers that he was at Mr. Harralson’s store late Monday night,at which time he paid an ac count that he owed at the store. Jones was lodged in tlie guard house to await an investigation. Harralson was a quiet, hard working young man. His mother lives a short dis tance from tlie station. Sparta Ishmaelite: Tlie folly of car rying coal to Newcastle is not near so marked as that of those Georgians who go West in search of either health or wealth. In point of climate, health, diversified in dustries, capabilities of soil, and social and material advantages, Georgia is not second to any State in the Union. But, then, these men are kin to Adam; and it will be remembered as of record, that lie was not contented even in Paradise. Again it will be noticed that Adam did not better Ids surroundings by “going West.” His kinsmen who are leaving Georgia for even less cause, will in all human probability fare worse. Negroes Cut Savannah JVetM: A row occurred at St. Phillips’s colored Methodist Church on Monday night, about eleven o’clock, which resulted in the cut ting of two of the combatants. It appears that one of the societies connected with the church was holding anniversary, and and a grand banquet was spread. The first table was ovei, and the guests were being seated to the second table, when a number of negro ruffians, who were out side, attempted to gain admittance to the ball uninvited. They made a rush for the door in a body, but were confronted by Elder W. H. Nobles and several of the trustees, who heroically barred their pas sage. A fight ensued between one of the ganize some plan by which a controlling interest will he secured in the lease and the future extensions of the road. Macon, Brunswick, Middle and South Georgia cannot afford to remain quiet and see this important outlet to the ocean pass out of tlieir reach and perhaps ■ even into the hands of inimical parties. In any event, however, the moral effect of the conven tion and its deliberations must he saluta ry in tlie premises. In this connection we invite attention also to a call for a meet ing of the citizens of Jones county to se lect delegates to the convention, and our advices arc that the people on the line of the road and its proposed extension to Covington and Atlanta are fully aroused likewise to the importance of being prop erly represented in that body. We learn that the convention, on the 30tli inst., will also assemble in the City Ilall, which is placed at their disposal. Tiie Afghans.—Cabul is still held by the Aighans, and it is believed the British are meeting with unexpected difficulty in the attempt to subdue that revolt. The people fight boldly, and by some means have obtained better weapons than they have ordinarily had. Mrs. Governor Sprague Seeking Divorce.—Mrs. Sprague has authorized her attorney to draw up papers fora divorce from Governor Sprague. It is said tiiat she intends to push the case to the courts as speedily as possible. She has made arrangements to leave Edge- wood, and is fitting up a house in the city on Connecticut avenue. • —A wedding party was assembled at the residence of the bride’s father at Rochester. Tlie groom and the rest were waiting for tlie girl, who lingered in her room. Half an hour after the appointed time the announcement was made that she had been united to another suitor, having changed her choice at the last moment. The jilted man was dumbfoun ded, but he rallied quickly, congratulated the bridegroom, kissed the bride, and pro posed a continuance of the festivities, and they were accordingly continued. ■A number of occupants of European thrones are forced to give more time to their physicians than they can find to de vote to affairs of government. The Czar’s nerves are shattered, and Emperor William has to he very particular as to his food and airings. The King of Italy is misera ble in ill-health, his only child is frail and delicate, and Queen Margaret faints away at the least exertion. It ia necessary to carry her when she is moved about from one place to another. The Queen of Sweden suffers greatly from chronic heart disease, and since she received a letter, not long ago, threatening the life of the Crown Prince, she has not left her bed. melee a colored man named Williams, re siding on Pine street, was seriously stabbed in the back, and another negro, whose name is not known, received a gash with a razor on the head. I)r. Cokfir, colored, who was present at the entertainment, attended to Williams’ wound; The other wounded man was taken home by his friends. The ruffians, after much difficulty, were driven away and order was partially restored, but tlio festivites were shortly afterwards con cluded. It is reported that one of the ringleaders of tiffs shameful outrage was a negro named Brooks. There were no policemen about at the time, and consequently no arrests were made. Subsequently, how ever, anogro named Adam Williams, was arrested and arraigned before the police court yesterday, aud fined $10 and thirty day’s imprisonment. Athens Banner: The bodies of Father Doyle and Mr. Moynihau remained at Mr. Lafierty's, Monday night, and were placed on the train yesterday morning to be conveyed to Washington, Wilkes coun ty, for burial. A Catholic convent is at that place, and a Home for Orphan Boys, in charge of the Catholic Sisters. Sharon, which was Father Boyle’s place of resi dence, is but ten-or fifteen miles from Washington. A priest was to meet the remains at Barnett, and go with them to Washington to perform the last sad rites. Persons who saw tlie bodies after they were brought back to the city say they had none of the usual appearance of the dead except the rigidness. They were placed in warm water till the rigidity was relaxed, and then they seemed as if only quietly restiug in sleep. No distortion of tlie features was apparent, nor even the pallor of death. Southern Enterprise: On last Friday, little Tommie, the three year old son of Mr. W. P. Coyle, our worthy sheriff, was standingin front of the fireplace at home, the mantlepiece suddenly toppled -over without any warning and struck the little fellow jost a little back of the top of his head. The blow cut the scalp and tore it away from the skull for some two inches or more, scraping the hone clean and lay ing it bare, but fortunately not injuring it at all. The weight of the mantlepiece at the same time threw him forward and bruised hi3 forehead badly. Dr. Taylor was called in and dressed his wounds, which operation the little fellow bore with a fortitude that might well be emu lated by many older persons. We are glad to be able to report that be is rapidly recovering and will speedily bo well again. ■ : Warrextox Clipper: On last Mon day about 9 or 10 o’clock Mr, William Barksdale, a prominent planter in the western portion of this county, was sud denly killed 'in the following manner: He went down under the gin house to see something about the horses or the gearing, and, without warning, was inextricably caught by the gearing and killed. Mr. Barksdale was one of the most substan tial men of this county. He was above sixty years old, and lias always been a very careful man, and this unexpected oo . , currence is almost unaccountable. He ! » en route to Washington from leaves a large family to mourn his loss, i whence they go to Indiana. More will Sadness broods over our entire county. 1 arrive here to-morrow, en route West. A Grave Question Somewhere between five-sixths and ninc-tentlis of the actual currency of the United States will always be paper. The great question underlying all these cur. rency movements in Congress is, there fore, simply tins: Who shall supply this paper currency? Who shall multiply in definitely these representatives of value, and under what guarantees are they to be issued and find circulation? Itisareiy grave question. It involves many millions of profits to the speculative classes, and all history is a lie if it does not involve ques tions of millions of loss to the great body of the American people—that great mass who must draw their subsistence from daily labor of head or hands. No one, therefore, should-be-suiprised to see the persistence.Twjth Which this; -{currency question is enforced* on Congress and the excitement which attends its discussion. The advocates of a bank paper currency are most ingenious in placing themselves and their opponents in precisely the posi tion which neither is entitled to occupy. In the first place, they claim to be “hard money men” when they are really local bank paper men—for all their schemes re solve themselves into a currency composed of local bank paper. But they say this bank paper is redeemable in gold aud sil-r ver on demand. It is so printed on the bills, and is, in point of fact, so redeema ble—tchen it is so rcilccihable. But one thing everybody knows who is old enough to remember twenty years—that the prac tical effect of such a currency is to banish hard money from circulation. Next they plead that all Democratic precedent is in their favor—tiiat the Dem ocratic party has always been a hard money party, Yes, but it was in opposi tion to thesjj very banking institutions that Jackson, Benton and the old hard money Democrats- put the party on a hard money basis. They were for hard moneyas against all bank bills, which the experience of that time had shown to he untrustworthy. No one now contends for a purely metalic currency; but the next approach to it i3 a paper currency bearing the most indubitable guaranties of value, and the least liable to perish in the hands of holders. They style their opponents inflationists, but if any contrivance for inflation can be invented equal to the creation of thou sands of local banks, scattering their duo bills ad libitum over the face of the coun try, we never have heard or conceived of Its fatal activity in inflation aud explosion, have been the financial history of America for the past hundred years. And now the question is, what kind Of a paper currency are we to have in the future? We are about, it seems, to make a new departure. The Constitution, it is said, is violated by making United States Treasury notes a legal tender. There is no such warrant in that instrument. The bank men are tender of the constitution, except when it strongly prohibits the States from issuing “bills of credit,” and then they attach no meaning to it. But our reading is vain if that iirohibition did not coniine the whole business of furnish ing whatever should circulate as money t • tlie Federal Government alone. What else did or could it mean? Accordingly, the paper now in circulation, being either the direct obligations of the government or issued under its sanction as trustee for the people, is undoubted. Countless mil lions would .have been saved to the masses had this provision been enforced. But there the prohibition still stands and there are the contemporaneous argu ments in the Federalist, showing what losses had occurred and might occur to the people, and what misunderstandings might arise with foreign governments, if this power of issuing paper liabilities re mained with the States. The constitution in any just interpretation thereof as wo believe forbids tbe issue of any of the whole tribe of paper liabilities. But whether it docs or not the impor tance to the people of a thoroughly relia ble currency cannot be overstated. Our paper currency, as it now stands, is better than any we ever had, and a departure in to the field of speculative banking will be woeful change for the worse, unless some scheme can be elaborated to make it a great deal better than it ever has been. More Trouble in Ireland. Cablegrams from London, received as late as the 15th instant report increased excitement among the people on account of rent difficulties and the terrible scarcity of food that prevails. Occasion ally acts of violence occur. Thus on Saturday , in the porch of the Limerick county* Club House Lord Fermoy was felled senseless to the pavement by a blow struck with a cudgel in the hands of an evicted tenant. The assailant was arrest ed. Another dispatch says: Messrs. Davltt, Daly and Killen left Carrick-on-Shannon to-day for Dublin. They were accompanied to the railway station by a large crowd, and a band playing Irish airs. The attorney-general arrived at Carrick-on-Shannon last night, and was escorted to Ids lodgings by twenty armed policemen. One, Mr. Killen, and probably the others of the three prisoners, had refused previ ously to accept the bail offered them. Things must be pretty squally over there when the highest counsellor of the gov ernment requires a body guard when in attendance upon his duties. Now is the time for England to show her liberality and generosity to the suffering Irish by large concessions and substantial aid tor their material wants. This would have a more tranquilizing effect than the largest stauding army. ■ Negro Exodus to Kansas.—A St. Louis dispatch of Thursday says the ne gro exodus from Texas to Kansas con tinues. A considerable number of colored people pass through Dallas daily, bound to that State. On*the other hand, quite a number have returned, stating that they have been deceived concerning Kansas. ■A Norwich, Connecticut, naturalist has one of the largest butterflies known to entomologists. It measures nine and a half inches across the wings and is five inches in breadth. —A billiard, player at Kansas City was made insane by the excitement of a series of match games. On losing, he turned savagely upon two jtnoffending spectators, and beat them with the but of a cue until they were dangerously hurt.. • —The lower jaw of a human being, said to have belonged to the primitive race, has been dug up on the banks of Lynx Creek, in Arizona. The jaw never had more than six teeth, and from its conformation the possessor subsisted wholly on fruits and grass. . . • The Negro Exodus to Indiana.— Petersburg, Virginia, December 16. —One hundred colored ’ emigrants from Goldsboro, North Carolina, arrived bore, A Financial, Dinner Party.—A special despatch to the World says: A few evenings ago Representative Cliitten- den gave a dinner party to several mem- hers oftheNatjonai Board ofTrade^among whom were Messrs. Ropes and Hill, of Boston; Mr. Stranahan, of Brooklyn; Mr. Farley, of Philadelphia, and Congressmen. HLscock and McCook, ofNew York. Sen ator Hill, of Georgia, was also present especially to meet the gentlemen ofthft Board of Trade, who had expressed a great desire to meet and converse with him. During the course of the evening allusions were made to the financial situa tion, and those present expressed them selves fully on the subject. Senator Hill was attentively listened to in all he said. His sound advocacy of honest and consti tutional money secured for him the ad miration and esteem of all those present. To use the language of the dinner party, everybody seemed charmed with the Geor gia Senator. The Surrender of the Utes.— South Pueblo, Colorado, December 16.-— To Carl Schurz, Secretary of the Interior, Washington: Yours of yesterday just received. While traveling home your dis patch of the 9th was received by us on the 11th, and communicated to Ouray, who immediately left for the camp of the White River Utes to hurry up their move ments. Before the receipt of your dis patch, one of the twelve designated by us as Douglas had been brought in, but wo instructed Ouray to keep him and the others until the full number was ready ta be delivered. Before I left I understood that a few others were at his house, but no; all, which was hardly to be expected, sas only Jive days had elapsed, with the snow very deep, traveling slow and the Indians much scattered. I consider the surrender an accomplished fact, and can not think of the possibility that it can bo prevented, although Gen. Hatch may ho delayed in bringing them out, as the snow fall in that country has been unpreceden ted, 'and transportation can hardly bo obtained. Further designation in Wash ington as to the reservation will be easier of accomplishment than our task so far. Charles Adams. The Washington Monument.—The joint committee on completion of the Washington monument submitteda detail ed report to the House, to-day, showing that $67,903 had been expended in the work of strengthening the foundation, leaving available $32,096 of the appropria tion for that purpose. They have expeu- dsd $31,351 upon the completion of the monument, leaving $68,643 available of the appropriation for that purpose. The total amount unexpended of the appropria tions and now available for carrying on the work is $100,739. This amount will be sufficient to complete the strengthening of the foundation, providing the iron framework of the interior stairway for two hundred aud fifty feet; to construct a shaft, and to add twelve feet to the height of the monument. To continue the work until October 31, 1881, will require $300,000 additional and to complete the shaft to the proposed height of500 feet will require $677,623. Washington, December 16.—An in formal meeting of the members of the National Republican Executive Commit tee was held here this morning and was to discuss the selection of a chairman in the place of the late Senator Chandler and to compare views as to the time and place for holding tire next National Convention. It seems to be virtually settled that Came ron will be the chairman, and that the Convention will be held in Chicago some time during the last of May or first ot June. CONSUMPTION CURED. in old physician, retire 1 from practice, hav- nr had placed in his hands by an Bast India missionary the formula of a simple rezetahl* remedy for the •peely and permanent curetft ? Cmsamption. Bronoriita*.Catarrh. Asthma, aci. all Throat and Lung Affections, alnaposfti’- and radical cure for Nerrous Debility anaafs Nervous Complaints, after having tested ■ ■ wonderful curative powers m thousand* of east*, has felt It his duty to make it known toils, suffering fellows. Actuatod by this motive am a desire to relieve human suffering, I will send free of charge to all who desire it. this recipe, with full direct ons for preparing and using, la German. French or English. 8ent by mail by addreising with stamp, naming this paper. W w SaiKZB 149 Power-* Block. Rochester. N T THE GENUINE DR. O. McIiANJETS Celebrated American WORM SPECIFIC. OR “ l VERMIFUGE. SYMPTOMS OF WORMS. T HE countenance is pale and lead en-colored, with occasional Hushes, or a circumscribed spot on one or both cheeks; the eyes become dull; the pupils dilate; an azure semicircle runs along the lower eye-lid; the nose is irritated, swells, and sometimes Meeds; a swelling of the upper lip; occasional headadie, with humming' or throbbing of the ears; an unusual secretion of saliva; slimy* or furred tongue; breath very foul, particularly in the morning; appetite variable, sometimes voracious, with a gnawing sensation of the stomach, at others, entirely gone; fleeting pains in the stomach; occasional nausea and vom iting; violent pains throughout the abdomen; bowels irregular, at times costive; stools slimy, not unfrequent- ly tinged with blood; belly swollen and hard; urine turbid; respiration occasionally difficult, and accompa nied by hiccough; cough sometimes dry and convulsive; uneasy and dis- turbed sleep, with grinding of the teeth; temper variable, but generally irritable, &"c. Whenever the above symptoms are found to exist, DR. C. McLANE’S VERMIFUGE will certainly effect a cure. 11 DOES NOT CONTAIN MERCURY in any form; it is an innocent prepa ration, not capable of doing the slightest injury to the most tender infant. The genuine Dr. McLane’s Ver mifuge bears the signatures of C, McLane and Fleming Bros, on the wrapper. —:o:— DR. C. McLANE’S LIVER PILLS are not recommended as a remedy “for all the ills that flesh is heir to,” but in affections of the liver, and in all Bilions Complaints, Dyspepsia and Sick Head ache, or diseases of that character, they stand without a rival. AGUE AND FEVER. No better cathartic can be used prepar atory to, or after taking Quinine. As a simple purgative they are un equaled. BEWARE OF IMITATIONS. Th.e genuine are never sugar coated. Each box has a red wax seal on the lid, with the impression Dr. McLane’s Liver Pills. Each .'Trapper bears the signatures of C. McLane and Fleming Bros. Insist upon having the genuine Dr. C. McLane’s Livf.r Pius, prepared by Fleming Bros., of Pittsburgh, Pa_, the market being full of imitations of tbe name McLan e, spelled diSfcrcsvly bog same pronunciation.