Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, January 06, 1880, Image 6
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fUESDAY, JANUARY 6, 1880.
THE GEORGIA PRESS.
A colored woman in Columbus found
$112, supposed to have belonged to Mr.
an. who was recently murdered in
{hat dty,
Yancy Martin, son of the late B. Y.
•afartin, of Columbus, Georgia, is danger-
ill, with typhoid fever in Wasliing-
! City. There is little hope of his re-
Th»: body of Cliarles Delaney, who fell
fiem a boat and was drowned in the Sa-
Tan nab river, has been Ibnnd floating near
the wharf, and recovered.
Tub number of blue ribbons in Savan
nah foots up 735.
Ais.vii.ok in Savannah, arrested and
endin'-1 in jail as a deserter, effected a
relcuse dirough the following cunning de
trice of his lawyer: It seems the ship was
to sail at four o'clock in the morning, and
everjtlung was in readiness. The even
ing previous to the ship's departure, the
lawyer sued out a wr.t of habeas corpus,
returnable at 11 o’clock tlie following
day. This writ was served upon the
jailer, and when at four o’clock in the
morning the captain called for his man,
1ms was confronted by the little document.
Salher than lose the benefit of an early
departure, be left without the deserter so-
called, wlio was immediately released,
there being no one to appear against him.
Mr. O. I). Tucker had a stock of goods
in the store at Goodman’s and had a young
man named Robert Bullock clerking for
him. Last Saturday Mr. Tucker and Mr.
Bullock went out visiting and returned
about ten o’clock, when they went to bed
About one o’clock they were aroused by a
noise in the front room when they awoke
to fiud the house on fire and the roof
Sailing In. Everything in the store was
«oasnmed and the young men barely es-
*aped with their lives. They were sleep
ing in the hack room of the store and the
only way to get out was through a back
door, and this door was blockaded with
boxes so that it was witli much difficulty
that it could be opened. They could not
go through the front way as it was a
-solid sheet of flames. Just as they bad
«aecce<lcd in opening the door, the draught
drew the flames and burst out through
Bio back door after them. One minute
later and they would have perished in the
dames.
Tlie fire was undoubtedly the work of
an incendiary, but no clue or suspicion
rests upon anyone. About 12 o’clock that
night a man on horseback rode up to
negro woman's house, woke her up, and
told her to go to the store and wake up
the young men. The woman states that
he then rode rapidly in the direction of
West Point, hut she supposed he was
drinking and paid no attenteution to what
be had said. When she heard the fire
alarm she knew at once what lie meant.
-Rome Courier: Yesterday, Monday
morning, Charles Henderson and his
brother-in-law, Charles Rawls, met on
Bread street, and after some words, as we
are informed, Henderson struck liawls
with his umbrella, whereupon Rawls
palled his pistol. Henderson jumped be-
bitMl a tree, and Rawls shot, the ball tak
ing effect in and passing through the
fleshy part of Henderson’s left arm above
the elbow. Both were arrested and called
before the Mayor, who fined Rawls ten
dollars and cost and Henderson two and
a half and costs.
The Poet Laureate.—Evening News:
A certain young fellow in Atlanta wrote
some poetry to his sweetheart, named
Laura, but tlie young lady failing to see
tbe beauty or appreciations of the tender
effusion, sent his loving verses back to
blm. The joke was too good to be kept
secret, and the “boys” got hold of the sto
ry. But when they attempted to plague
•ire rejected suiter who declared his pas
sion in poetic measures, and told him his
sweetheart had “chawed” him, he bravely
and sinbliishingly replied: “Yes, I am the
poet Laura atej” It is the general impres
sion in the best social circles that the
-“boys” got the worst of the joke in its final
application.
McDuffie Journal: It occurred at the
flreside of a family in this vicinity a few
evenings ago, and for a while created con
siderable commotion. Tlie two gentle
men were discussing tlie charges for re
tail liquor licenses in the different coun
ties, when one of them remarked that at
one time it required two thousand dollars
to get a license in Warren county,
maiden lady who was in the party caught
•he latter part of the conversation, and
naturally supposed that it referred to mar
riage licenses. Her feminine indignation
was instantly aroused, and she got right
np and said in emphatic language that
-such a law amounted to prohibition ex
cept to the rich, and was a shame and dis
grace to civilized country, which ought to
■eueourage matrimony, instead of placing
insurmountable obstacles in tlie way. It
wus a full hour after the mistake was
pointed out before her wrath subsided.
Savannah News: As the passenger
Crain on the Savannah, Florida and West
ern Kailway Company was entering the
depot yard yesterday morning Mr. W.
Salmon, Jr., a well known citizen of
llincsville, met with a very serious and
painful accident. In his eagerness eager
ness to get off, as the train approached the
platform, and while it was in motion, lie
made a jump and was thrown with great
violence to tlie ground. The entire right
side ot the face was horribly cut and his
head was badly bruised. He was at once
piefced up and conveyed to the office of
lie. J. T. McFarland, who dressed the
iqptiy and did all that was possible to
render him comfortable. Dr. McFarland,
ooasidered the injury so serious that he
advised Mr. Harrison’s return home at
•aaee, and he left on the train in the after-
Auos Yarborougii (colored), of East
man, got on a spree lately, and, during a
scrimmage, shot Wright right in the back
the head. Wright was trying to out
run the pistol ball, but did not succeed,
for while he came in under the string
flratlhe ball came in ahead.
, The tournament at Lumber City was a
grand success. Fifteen kniglit3 rode in
the lists, and flung their battle gages to
•lie breeze. After a brilliant contest, Mr.
IF. U. Dean, Knight of tlie Lone Star,
who had, metaphorically, unseated all
tiltern, was awarded the prize—a hand
some saddle. The victor availed himself
of Ms rights at the coronation, and placed
the coronet upon the brow of Miss Emma
Morris, of Montgomery county, thereby
naming her Queen of Love and Beauty.
Mr. W. R. Wooten, winner of tlie second
prize, crowned Miss Georgia Adgms, First
Maid of Honor; Mr. W. O. Summerlin,
winner of the third, crowned Miss Nannie
McRae Second Maid of Honor, and Mr.
Borickalter crowned Miss Vic Rider
Third Maid of Honor. The tournament
was followed by a dinner, the dinner by a
burlesque, and the burlesque by a dance.
So says the Eastman Times.
“Tim Six Bricks” made their New
y Year calls in Columbus, in a handsomo
ojoippagc drawn by four elegantly capar
isoned steeds, with plumes at their heads,
-driven by a livried whip, and followed by
the Italian band in a second carriage.
“The band serenaded wherever their lord-
ships tarried. We presume that the gen-
tie men will he brick bats for the balance
of the season.
One of our exchanges wants to know
hen day begins. We might say that any
«-i Hie boys could determine that, but
'.'-.-11 content ourselves with the assertion
>'■ it the day begins just where the night
•txris.
Jim Smith, a negro living near Dublin,
while silting at bis fireside, was instantly
killed by a shot fired through a hole in
the back of his chimney.
Captain and Mbs. Smith, of Dublin,
gave the Band a supper last week. We
trust that this will somewhat compensate
for tlie loss of that muchly advertised cor
net book.
Mr. Frank Goodman, of Wilkinson
county, accidently shot and killed Miss
Mary Payne on Christmas day.
Horrible Death.—Dublin Gazette:
Last Tuesday night Walter, son of Mr.
Jerry Lee, was scalded to death under tlie
following circumstances: Mr. Lee was
killing liogs, and for the purpose of scald
ing them, had buried a kettle or large pot
in the ground within two or three inches
from the top,and as tlie bands were drag
ging the hogs to put them in the kettle, it
seems that the little fellow was standing
behind them and near the kettle, and in
endeavoring to get out of the way, ran
against tlie kettle and was tripped by the
rim striking him just above the ankles. He
fell backward in tlie kettle, and was en
tirely covered by the boiling water except
his feet. He was immediately taken out,
but not soon enough. The little fellow-
lived about twelve hours, suffering tlie
most excruciating pain, when the little
spirit winged its flight. We truly sympa-
tliize with tlie parents, wlio we learn take
his death very bard.
Drowned.—Meriwether Vindicator
Harriet Hall, colored, whom we men
tioned in our last regular issue, as having
been carried down Flint river from
Chunn’s ferry in a bateau, is supposed
to have been drowned, as the little boat
has been found empty, severalmiles down
tlie river. It is reported that a Mr. Rig
gins, hearing her cries, waded within six
feet of the woman, who was clinging to
the bough of an overhanging tree. She
seemed frantic as well as exhausted, was
foaming at the mouth, and her eyes al
most starting from tlieir sockets with ter-
Unableto reach her on account of
tlie depth and rap.-dity of the current.
Mr. Riggins told tlie woman to hold on
until he could wade out and get a pole
long enough to reach her, and when he
returned the bateau was gore. This was
the last time the unfortunate woman was
seen.
Man Killed.—Jcsup Sentinel: A
correspondent at Haslam, M. & B. R. R.,
informs us that on the night of the 17tli
inst., Harrison Jordan, colored, was found
dead in his bed on the plantation of M. W.
Spence, about four miles above Beard’s
Blnff, on the River Road. There was
gun-shot wound in his left side which
showed that death must have been instan
taneous. A coroners’ jury decided that
Iiis death was caused, by a gun-shot
wound inflicted by some person unknown
to the jury.
Columbus Enquirer: Serious Run
away.—Yesterday afternoon Mr. Solo
mon Bickiey, who lives near Mt. Airy,
Harris county, met with quite a serious
accident on upper Broad street. He was
driving down the street when the horse
became frightened at a cow and ran away,
throwing Mr. Bickiey over the dashboard.
Tlie liorse then kicked him several times.
He was considerably bruised, but the in
juries are not fatal. The buggy was
slightly damaged.
License and Tax Ordinance or the City are required to pay under tills ordi-
of Macon for l&so. nance, to-wit 05
Council Chamber, i For e.ach billiard table kept for public ■,
Macon, Ga., December 30, 1870. play . 15
Present—lion. W. A. Hull', Mayor; ' For each pool table kept for public
Aldermen Cannon,. Corput, Kennedy, Hig- play 50
gins, Hendrix, Ellis, Fitzgerald, Hudgins, For each ball or ten pin alley kept for
Flanders and Dunlap. . public play 15
Absent—Aldermen Dub and Master- j The keeper of each shooting gallery,
GRANT WANTS IT.
No Doubt About the Third-term Pro
gramme—The Southern Trip an
Electioneering Excursion.
Washington Spend to tho Cincinnati Com
mere-.*!
The departure of General Grant for tlie
South, joined to Philadelphia develop
ments, can have but one interpretation.
He is a candidate for the Presidency—
precisely as much so as’John Sherman or
James G. Blame. The boomers through
out the country have been duly notified.
The silence of General Grant is no lon
ger mystery. It simply gives consent.
There are many sincerely friendly to
General Grant who regret this, believing
that Ills glory must now fade, especially
as it is evident that lie is in tlie hands of
the most cunning and unscrupulous of our
politicians, and that his nomination would
make tlie Republican party a mere per
sonal concern.
The Southern trip amounts to a public
advertisement that General Grant’s long
ing for home scenes and friends, of which
so much -was said while he was abroad,
was of singularly brief duration, and that
a week of the repose said to be so essen-
tirl at Galena, was quite enough. The
truth is, General Grant goes South on au
electioneering tour, and to he out of the
way for a few montlis, while tho boom
works. After he satisfies his deep curiosi
ty about Cuba, and Mexico, he will return
to find an organized series of booms from
New Orleans to New York.
His friends go so far as to resent as an
impertinance the candidacy of others,
story was put out last week that Sherman
had given his adhesion to Grant. It was
started with the view of impressing him
chat it was high time lie was out of the
way of the Chariot. Sherman promply
said he was a candidate, would stick to
tlie last, and was on principle opposed to
tlie third term. Another member of the
Cabinet opposed to tlie third term is the
Secretary of the Navy, and it is noticed
that while General Grant called on Evarts
(who is a boomer), he did not call on
Sherman or Thompson.
The pressure for an early convention in
Pennsylvania is to lead the way for Grant.
It is arranged that when Cameron puts in
Pennsylvania, Conkling is to follow with
New York. The Postroffice machine is
being worked by General Tyner to bring
Indiana next to the front, and Logan and
Washbume are competing for primacy in
tbe boom in Illinois.
The calculation is that with Pennsylva
nia, New York, Indiana and Illinois,
ahead for Grant, Republicanism can be
made a matter personal to Grant. Per
haps the boom may break, but it looks
strong, and the people should discuss the
third term as a business proposition and
make up their minds. Sherman’s steadi
ness as a candidate is a great irritation—
almost disloyalty, in fact—and the break
ing of the delegations in Pennsylvania,
New York, Indiana and Illinois, would
be an irreparable disaster to the boomers.
The Oldest Portrait of Christ
London News. I
At a bazaar which was opened yester
day at the Ilawkstone Hall, Westminster
Bridge road, in aid of the British Society
for the Propagation of the Gospel among
the Jews, a somewhat remarkable picture
purporting to be the oldest and finest por
trait of Christ extant, was exhibited. The
painting, by Dr. Philip, of Rome, wlio
lias affixed to it the fo.Iowing description:
“It is very old and wonderful. It was
lainted from an engraving on a medal-
ion, accompanied by a manuscript on
parchment, partly in Latin and partly in
Greek, giving a description of the marks,
person and physiogonomy of Christ. It is
supposed to be from the time of tlie early
emperors of Rome, and was kept till late
ly in tlie private museums of the various
Popes.” The portrait, which lias been
recently restored, represents the head and
shoulders of the subject, the head being
turned slightly to the left, and the eyes,
which bear an expression of great tender
ness and dignity, looking upward. It will
dqubtless form an interesting study for
connoisseurs in old paintings.
Perhaps the Republicans in Maine,
who are beside themselves with rage at
the sight of arms and ammunition trans
ported through the streets “for use against
the people,” will remember how they
damncd.thc Democrats of Louisiana for
protesting against tlie military force used
by tlie Federal government to organize a
bogus Republican Legislature in 1874, and
again in 1874 and again in 1S70. Their
curses come home to roost with a ven
geance. Tlie better way for our irate Re
publican citizens is to remember the law
of reciprocity, and refrain from doing to
other people what they don’t want done
to themselves. They are having an appli
cation of their own nasty medicine now,
and a disgusted crowdthey are.—Courier-
Journal.
15
At the regular meeting of Council, held
to-night, tbe following ordinance was read
the first time:
AN ORDINANCE
To provide for and to regulate the regis
tration of all persons exercising, within
tlie city of Macon, any business whatever:
Section 1. Be it ordained by the May
or and Council of the city of Macon, That
from and after the passage, of this ordi
nance cveiy person, firm, company or cor
poration who exercises or may exercise
within the city, any profession, trade,
calling or business of any nature what
ever, shall annually register in books to *
be kept for that purpose by the Clerk of'
said City Council, their names and pro
fession, trade, calling or business, and
their place of business (if any) within the
city.
Sec. 2. Be it further ordained, etc.,
That said books of registration shall be
opened and kept open by the said Clerk
on and after the first of January, and all
persons then exercising, or intending to
exercise, during the current year any busi
ness, shall register their names and places
of business (if any) on the first day of
January.
Sec. 3. Be it further ordained, etc,,
That the Clerk of Conncil shall advertise
in the daily papers a notice calling tlie at
tention of tax payers to the requirements
of this ordinance, on January 1st.
Sec. 4. Be it further ordained, etc.,
That all persons commencing any busi
ness of any kind after the first of January,
1880, shall register their names and busi
ness as soon as they shall commence the
same.
Sec. 5. Be it further ordaiued, ^efc.,
That whenever any person or persons,
having no fixed place of business within
tlie city, shall, nevertheless, exerc.se with
in the city any business-of-any nature
whatever, such person or persons shall bo
required to register tlieir names and busi
ness, and be subject to the same or like
taxation on tlieir business, as ,is levied by
the Mayor and Council upon persons fol
lowing a like business and having a fixed
place of business.
Sec. 0. Be it further ordained, etc.,
That upon the failure of person, firms,
companies and corporations to register
tlieir names and business as aforesaid, the
Clerk oi Council shall, from tlie best in
formation witliin his reach, register tlie
same, and tlie Marshal, Lieutenants and
men of the city police force are hereby
required to report to said Clerk all omis
sions to register whichmay become known
to them.
Sec. 7. Be it further ordained, ■ etc.,
That all ordinances and parts of ordinan
ces militating against this ordinance be
and the same are hereby repealed.
LICENSE AND SPECIFIC TAXES
Be it ordained by Mayor and Council
of the City of Macon, and it is hereby or
dained by the authority of the same,
That the following licenses and specific
taxes shall be levied and collected in the
City of Macon for the year 1880:
Section 1. Eacli wholesale and re
tail dealer in dry goods shall pay . $100
Each wholesale and retail dealer in
groceries shall pay • 100
Each dealer in general merchandise,
including liquors at wholesale,shall
pay .... 200
Each wholesale and retail dealer in
boots and shoes, shall pay ...... 75
Each wholesale and retail dealer in
hardware, shall pay 60
Each wholesale and retail dealer in
harness, shall pay 50
Each person or firm keeping a carriage
repository, shall pay ; • ■ *
Each person or firm operating
wholesale drag store shall pay . . 100
Each person or firm selling house fur
nishing goods at wholesale and re
tail shall pay 40
Each retail dealer in general mer
chandise, (liquor excepted,) shall
pay ... -I
Each shop keeper shall pay a license
of
And all persons carrying less than $500
stock shall be deemed shop keepers.
Each person or firm selling furniture
at wholesale and retail shall pay . 40
Each person or linn operating a retail
drug store shall pay 15
Each person or firm dealing in com
mercial fertilizers shall pay .... 25
Sec. 2. For each and every one horse
wagon, one horse dray, or one horse
express wagon hauling in city ... $ 15
For each and every wagon used bv
butchers and bakers in their busi-
nes, and wagons used by brewers
and manufacturers of soda water, or
for the delivery of oil, milk or any
outher article (except wagons deliv
ering milk from dairies on country
farms), and package delivery
wagons where such wagons are used
for hauling iu tlie city and drawn
by one horse, shall pay .15
For each and every one horse ice
wagon • 15
For each and every one-horse hack or
carriage used iu carrying passengers
to or from any railroad depot, or
elsewhere in the city 15
In all licensed hacks, carriages, omni
buses, the fare of passengers from the
railroad depot to any portion of tlie city
shall not exceed fifty cents per passenger,
and that a list of prices shall be posted iu
each hack, under penalty of $5 for each
violation.
Any liackman who shall charge more
than the fare allowed by this ordinance
shall, upon conviction, be fined $20 for
cadi offense, half of the fine to be paid
the informer.
That all hacks running in the city shall
be required to have lamps on them, and
that tlie same shall be lighted when run
ning at night, under a penalty of $5 for
the first offense, and $10 for each repeti
tion thereof.
Hucksters or peddlers of any kind of
produce, com, meal or merchan
dise about the dtv, using a one-
horse wagon (farmers .bringing
their produce raised by themselves
from the country excepted) shall
pay a license of
Where any wagon or dray or. other
vehicle used as specified in tlie pre
ceding paragraphs of this section is
drawn by more than one animal for
each additional animal so used an
additional tax shall be paid of . . .
None of the preceding paragraphs as
sessing taxes on wagons, drays and other
vehicles shall be construed to apply to any
such wagons, drays or vehicles kept for
private use only, and not employed in any
hauling for or delivering to others.
Sec. 2. Each individual, firm or cor
poration operating a street railroad
within tlie city limits shall pay a li
cense of ............. . .
Transient traders in goods, wares and
merchandise of any descriptioe, or any ar
ticle whatever, by sample or otherwise,
before exposing the same for sale, shall
pay a tax to be fixed by the Mayor and
Council.
Agents for the sale of any article what
ever, or any person visiting the city as an
itinerant physician, or professor of propri
etary articles, canvassei-s selling books,
maps, and pictures of all kinds, by sub
scription, shall each pay a tax to be fixed
by the Mayor and Council in such cases.
Section 3. Each private boarding
house keeper, who takes in tran
sient customers, shall pay $30
The keeper of each hotel shall pay . 300
The keeper of each restaurant or eat
ing saloon shall pay
Each person keeping an oyster or
lunch stand, other than a restaurant
keeper, and selling oysters and
lunches by meal, shall pay
And no license shall be issued for less
than $15 under this section.
The keeper of each lager beer saloon
shall pay / •
Each person or firm selling lager beer
by the dring or glass and permitting
tlie same to be drank on the premi
ses where sold, whatlier the same
bo drawn from a soda fountain or
dispensed by any other means, shall
to that extent be deemed a keeper
of a beer saloon, and shall bo. re
quired to take out a license for the
same and pay the same license
therefor as keepers of beer saloons
25
15:
35
65
15
05
unless kept for amusement only,
and not for profit, shall pay 15
And no license shall be issued for less
than S15 under this section.
The keeper of each and every “wheel
of fortune,” stand, table, thing or
place, for any game or play, with or
without a name, unless kept for
exercise or amusement only, and *
not for profit, and not prohibited
by law, shall pay a license per
month of. 200
Or SI,200 per annum.
The owner of each and every stallion
or jack kept for breeding purposes
shall pay 5
The keeper of each barber shop shall
pay a license of. . 10
Each person or firm carrying on the
business of blacksmithing in the
city shall pay a business tax for
each forge used of. 3
Each person or firm engaged in a tan
nery business shall pay a business
tax of. 15
Each person or firm (farmers selling
their own produce excepted) retail
ing fresh or butcher’s meat in the
city, whether from stalls, stores or
by peddling the same on the streets,
ftiall pay a license of. 25
And against.each person who shall, after
the 1st day of January, 1880, sell any'
fresh or butcher’s meat (farmers selling
their own productions excepted) with
out first taking out the license herein
S rovidcd for, an execution shall imme-
iatcly he issued for the amount of said
license.
Sec. 5. Each auctioneer or vendue
master shall pay 50
Each person or firm operating a cot
ton press in the city shall pay. ... 30
Each express company doing business
iu tlie city shall pay 200
Each telegraph company doing busi
ness in the city shall pay 500
Each cotton factor or warehouse man or
firm of factors or warehousemen doing
business in the city shall pay a business
tax as such of $50, aud eacli such factor
or warehousemen selling plantation sup
plies, including bagging and ties, or other
goods, other than cotton, shall to that ex
tent be considered a merchant and shall
pay accordingly. ■
Each dealer in general merchandise,
who also sells liquors in quantities
not less than one quart, nor more
than four and a half gallons, shall
pay in addition to hi3 other busi
ness tax 30
The tax paid as wholesale or retail deal
ers in merchandise and groceries shall not
be construed to mean fresh meats or any
other article upon tbe sale of which there
is a special tax or license required.
Each person or firm selling spirituous
liquors iu quantities not less than
four and a half gallons shall be
considered a wholesale dealer, and
shall pay 150
Each person or firm selling spiritous
or malt liquors and permitting the
same to be drunk on the premises
where sold, shall be considered a
bar-room keeper, and be required
to take a bar-room license, aud pay 100
No license sliall issue undi - tins last
clause for less than the full amount of
S100.
Each druggist who sells wines and
liquors, except on a bona fide phy
sician’s prescription, shall take out
a license, and pay . 30
Each retailer of spiritous or malt liq
uors wlio shall keep open his place
of business, or in and from the same
sell or furnish any spiritous liquors
on Sunday, shall, on conviction for
tlie fiist offense, be fined the sum of 50
And for the second offense his license
shall be forfeited. And in taking outsald
bar-room license the person or firm shall
designate their place of business, and shall
not change tlie same without the consent
of Council, and Council reserves the right
to refuse a license in localities to them
deemed objectionable.
Each and every dealeror firm engaged
in the sale of sewing machines, and
each and every agent selling sewing
machines as merchandise in tlie city
shall pay a tax of . 30
Each person or firm operating a trunk'
manufactory shall pay a license of . li
Eacli person or firm operating a candy
manufactory shall pay a licence of 15
Eacli manufacturer of tin-ware shall
pay 15
Each person or firm doing a plumbin^
and gas fitting business shall pay ” 10
Each company selling water privileges
shall pay . . 100
Each and every coal merchant or deal
er in coal sliall pay ......... 50
Each mercliant or dealer in firewood
shall pay 15
Each person, firm or corporation oper
ating a foundry in the city shall pay -
upon each foundry so operated a
business tax of 50
Each person, linn or corporation oper
ating a corn or flour mill within the
city, shall pay upon each mill so
operated a business tax of 75
Each person or firm operating a sash
anil blind factory or planing mill
shall pay 25
Each and every person dealing in lum
ber shall he required to pay a spec
ial tax of 15
Each person or firm engaged in the
manufacture of bottle soda water,
ginger ale or Ottawa beer shall pay 15
Each person or firm operating a bot
tling establishment shall pay .... 15
Each manufacturer of or agency for
tlie sale of cotton gins shall pay . . 30
Each real estate agent or firm selling
or renting real estate for profit shall
pay 50
Each livery stable keeper or wlio en
gages in the business of the sale or
feeding of horses or mules, and
keeps horses or mules, carriages,
bugggics or other vehicles for hire,
shall pay a business tax of 75
Each sale or feed stable keeper^ with
out livery, shall pay . 40
Each keeper of a livery, sale or feed
stable who does a hacking business in ad
dition to his stable business shall take out
license for and pay upon each hack run by
him the same taxes as hereinbefore assess
ed upon hacks run in tlie city.
Eacli wagon yard or sale-lot keeper . 15
Each and every person or firm dealing
in horses or mules, and each and
every person or firm known as
hoise or mule drovers or traders,
selling their stock within the city,
shall pay a business tax of 10
Each proprietor of a sale, lot or livery
stable, sliall be held responsible for tills
tax on all the stock sold from his prem
ises.
Each bank or banker, except Nation
al banks, shall pay 100
Each bank agency without capital
shall pay 75
Each broker, insurance company,
money lender on collaterals or oth
er security, note-shaver other than
bankers, doing business in the city . i
of Macon, whether-he has an-office
in the city or not, shall pay .... 100
Each person or firm operating a daily
news and job printing office shaft
pay 75
Each person or firm operating a week
ly news and job printing office shall
pay 30
Eadi person or firm operating a job
printing office shall pay 25
Each person or firm operating a book
bindeiy shall pay 25
Each person or firm operating a bake-
ery shall pay 10
Each person or firm operating a car
riage repairing shop, including
i manufacturing, shall pay ..... 40
Each person or firm operating a car-
: riage repairing shop shall pay ... 15
Each teacher of a dancing school shall
Each person or firm, resident or acting
for themselves or others, who shall
purchase or sell, ship to, or order,
transfer or handle in any way, for
account of others, stocks, bonds,
merchandise or produce of any kind,
including cotton futures or options,
shall be termed a merchandise or
cotton broker, and shall pay .... 50
This shall not be construed to include
dealeis in commercial fertilizers.
Each transient person operating in the
same manner as above set forth
shall pay 50
Each insurance company, life, fire, or
marine, doing business in the city,
directly or through an agent, shall
pay 40
Each bill poster shall pay ........ 10
Each person who shall own or keep a
dog in the city, whether such dog
runs at large or is kept in the lot,
shall pay for such dog (to include a
badge) 1
A special tax of $100 per day shall be
charged each and every circus company
performing within the corporate limits of
the city.
All theatrical companies, concerts or
other exhibitions exhibiting in the city
shall he licensed as tlid Mayor and Conn
cil of the city in their judgment, shall
deem best.
Each person exercising the vocation
of a street drummer, employed by
any house or firm, or by any person
within the corporate limits of the
city shall pay 25
Each architect, civil engineer and
surveyor shall pay a special tax of. 10
Each contractor and builder shall pay. 10
This shall include contractors for motal
roofing and guttering.
Each person, (other than producers)
peddling in the city, articles such as
poultry, butter, eggs, vegetables,
fruits, nuts, etc., shall pay
And no license sliall be issued under
tills section for less than 15
Each tailor, other than a merchant
tailor, shoemaker, watchmaker,
other than,a merchaut jeweler, car
penter, other than contractors, do
ing business for themselves, shall
pay 4
Each house and sign painter shall pay 10
Each manufacturer of harness shall
15
pay
10
10
pay
Each dye house keeper shall piy ... 15
Eadi person, firm or company oper
ating gas works and furnishing gas •
j for consumption in the city, shall
■ pay 200
Each person or firm operating an ice
factory shall pay 30
Each proprie tor of a junk shop for tho
purchase of rags, scrap iron, etc.,
shall pay 50
Each stone cutter or proprietor of a
marble yard shall pay 10
Each manufacturer of cigars shall pay
Each manufacturer of picture frames
or furniture repair shop shall-pay .
Each person or firm operating a gun
or locksmith shop in the city shall
pay , . . ..... . . ... .....
Eacli person or firm engaged in the
business of land agent shall pay . . 10
Eacli steamship agent sliall pay.... 10
Eacli person or firm keeping an ice
cream saloon shall pay 10
Eacli manufacturer of mattresses
sliall pay . 5
Each person running an ice cream
liand-cart in tlie city shall pay upon
each cait so run 5
Each dealer in railroad tickets out
side of the agencies established by
the Central,. Macon and Augusta
and Macon and Brunswick rail
roads for the sale of: tlieir tickets
oyer their own immediate roads,
shall pay 10
Each firm doing a news butcher busi
ness on the different railroads lead
ing out of the city, and having an
office within the corporate limits or
claiming the same as its headquar
ters, shall pay 10
Each license shall be in the name of the
person, firm or agent to whom the same is
issued, and shall not he transferable to
any person whomsoever, and each tax
levied by tills ordinance, shall be a regis
tered tax, due and payable on the 1st day
of January, 1880, except as hereinbefore
provided, arid the license issued thereun
der shall expire on the 1st day of January,
18S1.
That in all cases the person applying for
a license shall make oatli that the busi
ness followed by the applicant falls witliin
the class to which the ordinance fixing the
tax specifically applies.
Sec. 5.* That the sum of $5 he and is
hereby assessed as a business tax on each
and every cotton buyer doing business in
the city.
Sec. 6. That tlie sum of $10 be and the
same is hereby assessed as a busines tax
on each and every cotton buyer and ship
per doing business in tbe city.
Sec. 7. That this ordinance be applica
ble to all local or transient persons so en
gaged.
Sec. 8. That tlie taxes levied and-col
lected under any of the foregoing sections
be made payable in United States curren
cy or coupons of tlie new bonds as author
ized to be issued January 1st, 1880.
Sec. 9. That all ordinances or part of
ordinances militating against this ordi
nance be and the same are hereby re
pealed.
ADVALOREM AND SPECIFIC TAXES.
Be it ordained by the Mayor and Coun
cil of the City of Macon, and it is hereby
ordained by the authority of the same,
That for the purpose of raising a revenue
to meet tlie ordinary and extraordinary
expenses of the city, the taxes hereinafter
shall be levied aud* collected for the cur
rent year 1880.
Section 1. That the sum of $3 be im
posed on each and every male inhabitant
of the city (except active firemen) between
tlie ages of twenty-one and forty-five
years as a commutation or street tax;
said tax shall be due and payable on tlie
first day of March, 1880, provided, that
such person may be relieved of said tax
by laboring on the streets of the city five
consecutive days, under the direction of
the Street Overseer, at any time before
July 15th, 1SS0.
Sec. 2. That the sum of one and one
quarterpercent.be imposed on tlie gross
receipts of each and every insurance com
pany doing only au insurance business,
represented by a local agent; that the sum
of one and one quarter per cent, be
be imposed on the gross receipts of each
insurance company represented by au itin
erant traveling agent, who shall obtain a
license from the Clerk before proceeding
to canvass tbe city. Returns under this
section to be made and collected monthly;
that is to say on tlie first of every month,
and paid within five days thereafter, and
if not then paid, an execution shall be is
sued against defaulters for tlie amount of
tlieir tax, whicli sliall be assessed by tlie
Mayor and Conncil from tlie best informa
tion they can obtain.
See. 3. That upon all itinerant traders
or agent not especially mentioned in tlie
tax or license ordinances sliall be imposed
such license as tlie Mayor and Council
may deem just and equitable.
Sec. 4. That the sum of one and one-
quarter per cent, be imposed on each and
every $100 of the fair market value of
real property witliing tlie corporate limits
of the city. Said valuation to be fixed by
three assessors, as provided for by the city
charter.
Sec. 5. That the sum of one one and one-
quarter per cent, he imposed on each and
eveiy $100 of fair market value of stock in
trade, horses, mules and other animals,
musical instruments, household and
kitchen furniture, watches and jewelry,
moneys, bonds, notes, securities anil sol
vent debts, wagons, drays, pleasure vehi
cles, and all other classes of personal
property witliing the com irate limits of
the city, on tie first day oi January, 1880.
Sec. 6. That a tax of one and one-fourth
per cent, shall be imposed on all capital
Invested or used in banking, brokerage or
exchange, or in insurance business, or in
public or private banks, or used by bro
kers or persons or firms engaged in buy
ing or selling exchange, bank notes, etc.,
except banks or banking associations or
ganized 1 under the authority of tlie State
of Georgia, or of the United States, locat
ed or doing business within the city,
which hanks or banking associations so
organized shall pay tlie sum of one and one-
fonrth per cent, upon the market value cf
tlieir shares of .stock. Tlio tax upon the
shares of stock of banks or banking asso
ciations, organized as alcove, shall be re*
turned and paid as prescribed for the re
turn and payment of State and county
taxes upon tho same, by, Act of the Legis
lature, approyed February 17,1876. '_i
See. 7. That three-fourtlis of one per
cent, of the ad valorem* tax levied upon
the real and personal property within the
■corporate limits of said city, bo collected
and tinned over to the commissioners of
the bonded debt, of tho city of Macon, as
’provided for by Act of tbe Legislature,
and one half of one per cent, remaining
be appropriated to tho ordinary sxpeme
account,
Sec. 8. That when any person, firm or
corporation fails to make returns of prop
erty taxed under this ordinance by the
15th ■ day of January, 1880, it is hereby
made tbe duty of. tbe city assessors to make
return of the same from the best informa
tion -within their power, and assess theie-
on the tax, for which executions shall is
sue as in other cases.
Sec. 9. That the taxes levied by this or
dinance (except where monthly payments
are required) shall he due and payable in
three equal instalments, viz: on the 15th
of February, 15th of April and 15tli of
June, 1879, on which days the bools shall
be closed.
Sec. 10. That the taxes levied and col
lected under any of the foregoing sections,
shall be made payable in United States
currency or coupons of the new bonds, as
provided in the act authorizing the issue
of said bonds.
Sec. 11., That all ordinances or parts of
ordinances militating against this ordi
nance be and the same are hereby repeal
ed.
SALARIES.
The Finance Committee made the fol
lowing report on salaries and appropria
tions, which was read the first time:
Beit ordained by the Mayor and Coun
cil of the City of Macon, and it is hereby
ordained by the authority of the same,
That the following shall be the amount
appropriated for the payment of salaries,
aud for other purposes hereinafter stated,
for the year 1880:
SALARY ACCOUNT.
For Mayor, per alrnum, .... $1,500
Fer Treasurer, per annum, . . . 1,200
For Clerk, per annum, .... 900
For City Attorney, or City Attor
neys, per annum, ...... 600
For City Engineer, per annum, . 400
For Magazine Keeper, per annum . 75
For three Assessors, per annum,
each * 150
For Porter, per annum 180
POLICE ACCOUNT.
For Chief, per annum .... SI,200
For First Lieutenant, per annum . 780
For Second and Junior Second
Lieutenant, per annum, each . 780
For Patrolmen, per annum, each . 600
For two watchmen at Barracks,
per month; each ...... 35
PUBLIC PROPERTY ACCOUNT.
For winding clock, per annum . .$ 50.
For Bridge Keeper, per annum . . . 300.
General appropriation per annum 2,500.
FIRE DEPARTMENT ACCOUNT.
For Hook and Ladder per annum S 125.
For five steamers, per annum, each 500.
For Chief, per annum . 125.
For two assistants per annum, each 75.
RECORDS AND ACCOUNTS.
Appropriation, per annum .....$ 250.
Gas and gas light, per annum . . . 2,500.
HOSPITAL AND CHARITIES.
City Physician, per annum, ..... $500
General appropriation, per annum, 2,000
Printing, per annum 500
Cemeteries, per annum, ........ 250
Pumps, per annum, 1,000
streets. -
Street Overseer, per annum, .... $000
General appropriation, per annum, . 3,000
INCIDENTAL.
Appropriation, per annum, $4,720
Be it further ordained, Thall all sala
ries aud appropriations shall be due and
payable on the 17th day of each month.
Be it further ordained that all ordinan
ces and parts' of ordinances militating
against this ordinance be, and the same
are hereby repealed.
On motion, Council adjourned to Tues
day next at 7.30 o’clock, p. m.
A. R. McLaughlin, Jr.,
Clerk of Council.
Invest, young man! invest! twenty-
five eents for a bottle of Dr. Bull’s Cough
Syrup, if your sweetheart has a cough,
and be happy.
X. I. E. INTERVIEWS A STATUE.
Grant in Augusta.
The city is quiet again. Grant has de
parted. Tlie crowd that met to celebrate
tlie “Coming of Arthur,” has dispersed,
and the only figure in sight as I passed
down Broad street last night, was the
marble Confederates upon the monument,
four generals on the comers of it, anil
perglied above, upon the shaft, our old
friend the private. It had not been a
field day for the Confeds, and not feeling
in a mood for slumber, I went over to
keep them company awhile. Sitting
down on the terrace, I fell to musing on
the day, and tlie silent man who so lately
had held the destinies of our country in
his grasp. How long I sat there I cannot
tell, but it must have been some time, as
busy memory wove many a scene into tlie
moonlight around me. Suddenly,
however, I heard a slight cough,
seemingly above me, yet when
I glanced upward, only the white
marble met my gaze—the four generals
and tlie private high above with rigid face
and limbs' and eyes set straight ahead.
Thinking I had been mistaken, I resumed
ray re very, only to be disturbed again by
a distinct “aliem!” long drawn out. This
time I arose and made a careful survey of
tlie spot. No living body met my view,
and I was about to resume my seat when
the sound was repeated. Glancing up
ward I remarked in jest to the private,
“This night air appears to choke you
somewhat, my friend.” Looking down at
me, to rny astonishment, he replied dis
tinctly, “No! I am used to. it. Slept
round among the hills of V irginia four or
live yeans and don’t mind it in the least.”
I could only stare at him in silence. Pres
ently he asked:
“Been in town all day?”
“Yes,” I stammered, “been here all
day.”
“Seen Grant?”
“Oli, yes; saw him distinctly. Looks a
little more bloated perhaps then when I
saw him last, but the same old Grant.
Have you seen him?”
“Yes; he came along this way. Heard
him ask what I was up here for, but no
body seemed to know; and I can’t exactly
recollect myself. They ought to have put
an interrogation point over me, and then
people would know I was a conundrum.
This joke appeared to tickle tlie gentle
man exceedingly, for he chuckled away
for a minute aud a half over it. I did
4iot laugh. The point of the joke was
probably blunted in the fall, as I could
not see it. After he had laughed all tlie
fun out of his reflections, he said:
“I think it a downright shame; they didn’t
give me a chance to whoop with the pa
triots to-day; a little forethought, a little
invention on the part of the Council, and
the day would have passed off with the
utmost eclat. I wanted awfully to
cheer; tried to work my light hand up to
my liat, but it was no use; couldn’t budge
it, and my cap is jammed down as tight as
blazes; couldn’t say a word, and was
afraid to smile because I knew liow
ghastly I would look. Here I have stood
all day, a sort of Banquo’s ghost at the re
ception, and I would have assisted so will
ingly; would cheerfully liave submitted to
being pawned for funds enough to have
gotten up a banquet. But no, everybody
was too busy to notice me. Too busy!
too busy 1” I felt right sorry for the fellow
aiul to break the silence that followed his
declaration, remarked:
“Then you arc an admirer of Grant’s?”
“Admirer? Well I should smile. Why,
I slept out on the ground for years, eating
hard tack, wearing old clothes, and drink
ing mud and water just to be near him.
Those were; good old days, however, and
full of fun. You see, Grant and his boys
would come down to our quarters, now
and then, and we would get up the live
liest entertainment you ever saw. Some
times fellows would get killed or wounded,
but that didn’t make any difference. We
were obliged to entertain him at any cost.
My own brother was mangled, and they
carried him off to take care of him. He
never came back, nor did a lot of the fel-
r ows they took care of. I learned after
wards that in the rush and excitement of
those old days, they were allowed to go
without food too long, or experiments on
their particular cases failed, and they
pegged out. But that was nothing, and
when accidentally our guests burned
'down a house, run over a child, or pro
voked an over-sensitive woman by a harm
less joke, we passed it by, for Grant is a
great man. Any man must be great who
can capture Lee.”
There was something cruel iu the fel
low's.language it struck me, and I was
Surprised that one of the Generals did not
Stop him. They, however, appeared to be
locked in a dreamless sleep and spoke
not. The Confed continued: *
“It used to be said that tbe man who
whipped sliould treat. I never could un
derstand that. Why should he treat?
He lias nothing to expect, nothing to gain.
It strikes me that the fellow that gets
cleaned up should treat, and the faster he
does it the better. He lias everything to
gaiD, and nothing to lose. Lots of fel
lows treated to-day on that principle.”
I did not like the chuckle which accom
panied this remark. It made the joint of
my back bone rattle like a string of but
tons ; I could not collect my thoughts for
an answer, but it was all the same; he-
appeared to be bent on doing the talking.
He started out in a reckless tone again.
“I want to get on a spree to-night. I
would give a prettiyjust to come down
off this post and take in the town. I want
to raise h——1 once more; only once, and
this appears to be tbe correct season for
it.”
This aroused my indignation. I spoke
to him sharply, moving oil'a little, how
ever. “You had better stay where you
are. How would you look on a bum
leaning over bars and. calling for ‘straights’
and ‘smashes’ or punching billiards? You
ought to be ashamed of yourself.”
. “Yes, I know it, I know,” he replied, a
little sadly, “but what’s the use of my
standing ? Why, to-day, I heard a fellow
say, ‘let bygones be bygones; hurrah for
Grant; the sooner we forget, the better.’
My crowd is no more. Tlie boys are all
asleep and their bivouac can never be
broken;_ peace has come. Why not let
the sentinel lie down and rest, when his
presence but reminds you of what is by
gone ? I am tired of the whole business.
If the town wants a statue, let it put up
one of Grant. I want to resign anyhow,
and go where people liave some consider
ation for a fellow’s feelings. Why, laying
all jokes aside, I have felt like a whipped
cur up here all day. Yesterday, with
Wright’s brigade, I stormed cemetery
heights; tlie blood upon my old musket has
not yet rusted away, the breastworks are
not yet level with tlie ground. To-day, I
heard tlie echo of the old-time yell, but it
brought me—what! The name of Grant.
Well was it that on this stone was carved
the record, for who will k?ep our legend
through the coming years ? I am asham
ed, when I remember wliaFI am. The
soldier’s head sank forward upon the gun;
his hands were clenched. I could not an
swer him, but the answer was given.
There came through the night the rumble
of a carriage; a party was out enjoying
the moonlight. I saw the vehicle
quietly draw up ' before the monu
ment, and in the shadow there flashed a
jewel on a lady’s hand, extended .upward;
her other arm enclasped a little curly
head, and as they sat, I heard the story of
tlie war, told by a Southern woman’s
lips to him who should keep it through
tlie coming years. The carriage passed
and as one wakes and wonders at a
dream, I rose and gazed about me. The
night was still. The white light fell like
a silver mantle around, . and on
his shaft, with rigid form aud lifted head,
Isaiv the hero of the woman’s legend with
Ills immobile face gazing back over the
bivouac of the boys who slept.
Augusta, January 2,1880.
THE SUPREME COURT.
Decisions Rendered December 30,
1879—Hon. Hiram Warner, Chief
Justice, Hon. James Jackson and
Logan E. Eleckley Associate Justi
ces.
Bulger vs. the Washington Life Insur
ance Company. Equity from Chatham.
Warner, C. J.—This was a bill filed
by the complainant against tlie defendant
to enforce the collection of a policy of in
surance on tlie life of Paul J. Bulger, the
defendant’s husband, on the allegations
contained therein. The defendant de
murred to the bill, which was sustained,
and the defendant accepted. We find 110
error in sustaining the demurrer. It
not affirmatively shown by the defendant
in her bill that the dividends due by de
fendant would have, been sufficient to
have kept tlie policy alive to the date of
her husband’s death. The reply to the
allegation that tlie defendant’s agent in
Savannah was dead is, that by the terms
of the policy the premiums were to be
paid at the office of the company iu the
city of New York, unless otherwise ex
pressly agreed in writing.
Let the judgment of the court below be
affirmed.
R. D. Walker, Sr., for plaintiff in error.
T. M. Norw ood; H. B. Tompkins, for
defendant.
Neal and Jackson vs. the State. Murder
from Bryan.
Bleckley, J.—1. For one of the ju
rors to retire with the leave of the court
and guarded by a bailiff, to attend a call
of nature, his fellows remaining in the
box, and he being absent no longer than
necessary, is not an illegal or irregular
separation of the jury engaged in the trial
of a capital felony.
2. When tlie prisoners’ counsel and
the presiding judge differ as to what was
stated or omitted iu charging the jury,
the understanding and recollection of tlie
judge must govern in the Supreme Court.
3. The verdict is warranted by the evi
dence.
Judgment affirmed.
W. W. Fraser; J. A. Brannan, for plain
tiffs in error.
A. B. Smith, Solicitor General, for the
State.
McEvoy vs. Hussey, president, etc.
Certiorari, from Chatham.
Bleckley, J.—1. The president of a
corporation cannot maintain a possessory
warrant in lus own name to recover pos
session of corporate property of which he
lias hail no prior possession either as an
officer or an individual. In the present
case, the corporation's not a party to the
proceeding, and though the plaintiff hi the
warrant was president of the corporation,
and describing himself as such, the judg
ment awarding possession to him was erro
neous.
2. Where a corporation, not the officer
representing it, is the complaining party,
the affidavit made to obtain the warrant
must negative the consent of the corpora
tion (not the consent of the officer) to the
disappearance of the property, and allege
that the corporation does in good faith
claim, etc.—code §40232.
Judgment reversed.
R. R. Richards; Foley & Foley, by brief,
for plaintiff in error.
Rufus E. Lester, for defendant.
Warner, C. J., did not preside in the
following case:
Oscar Flaimegan vs. The State. Volun
tary manslaughter, from Marion.
Jackson, J.
1. Where a homicide was committed in
tlie park and in the midst of a crowd, aud
there is question whether a wound in the
bade from which the death may have re
sulted, was made by the prisoner or by
another, a declaration made by a bystand
er immediately after the rencounter, to
the effect that he, the bystander, cut the
accused in the back with a knife,
when the accused had no such cut
in tlie back, but deceased liad, is ad
missible for all purposes as part of the
res gestw, and a charge of tlie court confi-
ing such evidence to the single object of
impeaching the testimony of the bystander
is error for which a new trial should be
^ranted, though in other respects no errors
were committed, aud the case otherwise
was fairlv tried—the fight occurring in a
crowd at" night, and the evidence being
conflicting. . „
112. Newly discovered testimony tending
to impeach a witness, and in tlie main cu
mulative, will not be sufficient of itself
for the grant of a new trial. - —
Judgment reversed.
W. S. Wallace; Blandford & Garrard,
E. M. Butt, for plaintiff in error.
H. Bussey, Solicitor General,- by John
Peabody, for the State.
Raymond Osgood vs. The State. Murder,
from Liberty.
Jackson, J.—1. Where the regular
terms for holding two courts in tlie same
circuit’ conflict-, the one being appointed
for Monday and the other for Tuesday of
the same week, the judge of the circuit
may adjourn the latter until the following
Monday by order transmitted to the clerk
under section 3243 of tbe code.
2. Objection to a juror on the ground
that, his name does not appear in tbe jusy
box or on the jury list, should be made
before verdict.
?• No error of law having been cam.
on . t l lc trial by tlio court, and tbe
evidence being support the verdict, this
court will not control the presidin' jud<£
in the exercise of Ids discretion in ov J!
ruling the motion for a new trial on the
ground that the verdict is against the de
cided weight of the testimony.
Judgment affirmed.
'J-IJXS*.*- w ■ **■». ^
State 6 ’ ii0iiuit ° r General, for the
Ellen Osgood vs. tlio State. Murder
lrom Liberty.
Jackson, J.—This case turns on the
same facts and law as the case of Rav-
mond Osgood vs. the State, decided at this
tenn and is controlled by it.
Judgment affirmed.
tiff in^rroi- lrmer ’ ^ rascr ’ forplam-
A. A. Smith, Solicitor-General for the
State.
DeLoach ts. N. A. Hardee’s Son & Co.
Complaint, from Bulloch.
Jackson, J.—Where suit is brought for
tlie purchase money for fertilizers on a
contract containing this stipulation:
“Which said note is given for forty-qne
hundred pounds of fertilizer, known as
the Sea Fowl guano, valued at this date
at $143.50, winch 1 buy aud accept from
N. A. Hardee’s Son & Co., entirely upon
its analytical standard, they in no case to
bo held responsible for the practical re
suits.”
Held—1. That evidence by a chemist
who applied the test of analysis to a sam
ple of the fertilizer, and who testified from
his analysis that it it did not come up to
the analytical standard of such fertilizer,
is admissible, though his analysis was
imperfect, and the condition of the sample
as to its preservation unknown, to the
chemist, and the date of the analysis was
not given. Such, evidence heing'compe-
tent, and its effect being for the jury to
pass upon in connection with other evi
dence which might have been introduced
to supply its want of sufficiency to make a
complete defense.
2. That tlie testimony in respect to the
practical result of its application to defen
dant’s crop while inadmissable by the
terms of the contract to hold plaintiffs re
sponsible, standing alone, yet may he ad
mitted to throw light upon the true issue,
whether or not tlie fertilizer actually came
up to the analytical standard stipulated in
tlie contract.
Judgment reversed.
Rufus E. Lester; D. R. Grover, for
plaintiff in error.
T. W. Oliver, Jr., by brief for defen
dant.
Spain, admistrator, ct ah, vs. Clements
et ah Complaint, from Chatham.
Jackson, J.—1. On a suit on a bond
of clerk of Superior Court for damages
for failure to take legal bond and security
to dissolve garnishment, the surety taken
being defendant’s wife, the plaintiff need
not show that lie made an effort to enter
judgment against tlie parties to said bond
and failed therein, because the bond was
wholly illegal, anil tho surety taken being
defendant’s wife, was not bound by the
bond. Therefore, all amendments al
lowed on the proceeding to enter judg
ment aud other rulings of the court there
on insisted upon as illegal by the defen
dants arc immaterial.
2. When the clerk receives and files
such a bond by which the garnishment is
dissolved, the act of receiving and filing
tlio same is ministerial, and lie and liis
sureties on his official bond are liable for
such misfeasance of the clerk in the dis
charge of his official duties.
3. Tlie measure of damages to the
plaintiff is the actual loss which he has
sustained by tlie dissolution of the garnish
ment, and that loss is what the plaintiff
would have recovered from the garnishee
had the garnishment not been dissolved—
that is tlie amoimt of indebtedness of the
garnishee to the defendant at the date of
the service of the summons and between
fie date of service and the date of makirg
liis return or answer.
Judgment affirmed.
A. P. & S. B. Adams, for plaintifls in
error. .
J. R. Saussy, for defendants.
FIGHTING WITH A WILD CAT.
A Hunter’s Narrow Escape from
Death—A Shot Just in Time.
N Y. Time'.]
Willielmus Westfall, a fanner, residing
in Montague township, Sussex county, N.
J., accompanied by his son Alexander,
went fox hunting a few days ago in the
woods along the New Jersey bank of the
Dsleware river. While passing through
the woods the hunters separated. Wil-
helinus, accompanied by a hound, kept
close a.ong the river. Having gone a
short distance, the dog was heard barking
fiercely. Wilhelmus thought he had
come upon a fox track, and was in close
pursuit. He went iu the direction of the
barking, axd soon came upon the
dog, whicli was engaged in a
fierce encounter with a monster
wild cat. He took his rifle from
his shoulder, and, taking deliberate
aim, pulled the trigger. The cap ex
ploded, but the guu failed to discharge.
He placed another cap on the tube, and
again pulled the trigger, witli the same
result; the gun would not go off. By
this time the dog wa§ badly whipped,
and, whining and limping, it made its
escape from its antagonist into the thicket.
The cat then sneaked slowly through the
bushes toward the river. Wilhelmus was
determined to capture the animal, and
thought he could conquer it by beating
out its brains with the but of his gun. He
started in pursuit and soon overtook the
animal, whicli stopped when the hunter
had approached within a few feet of it.
The plucky hunter cautiously took one
step after another, when suddenly, and
with eyes glaring like balls of fire, the ani
mal turned and made spring, land
ing upon the shoulders of tlie hunter,
and soon succeeded in inflicting several
ghastly wounds upon his face. His body
was also lacerated in a terrible manner,
and liis clothes were torn into shreds.
After a fierce struggle, the old man suc
ceeded in loosening the cat’s hold, when
his son, who had heard his father’s cries,
arrived. Seeing that his father was in
great danger of being killed by the animal,
Alexander took deliberate aim and dis
charged his rifle. The ball had the de
sired effect, for the annual gave an upward
spring and fell to tlie ground dead. The
ball pierced the animal's heart, and missed
tlie wounded hunter by only a few inch-
Tlie animal measured nearly six feet
in length and weighed fifty pounds. It
was the only one that had been killed in
this region for several years.
Coming Sack to the Old Plantation
Home.
A letter from Canton, Miss., says:
We have lost very few of the negroes
by the Kansas exodus. Some of their
friends aud neighbors who had been per
suaded to go to that land of promise, for
the purpose of building up their fortunes
“and growing up with the country,” have
returned, and are now imparting to those
left behind, the liue and color of their
own thoughts, viz: “Dat it was a bery
had country for do black man—too cold ;
and dare was no manner cf chance to
stand dem cold winds. De folks am shut
up all de winter long.” Ah! Cuffee, when
will thy sorrows have an end?
An infallible sign of physical decay is
sleeplessness; if this is dangerous in an
adult, it is deadly in early clnldhood.
Dr. Bull’s Baby Syrup will always assist
in comforting the baby without stupefying
it. Price only 25 cents a bottle.
The riot losses at Pittsburg, which Al
leghany county is forced to shoulder, are
likelv to be settled by compromise- It is
found that the railroads are willing to
take $1,600,000 instead of $2,832,000, anu
private losers $200,000 in place of twice
the amount. At this rate, in spile of r ltts-
hurg’s immense debt, it is thought tliat
the county may be able to take up t i
burden, with some hope that in the .u-
ture the State will
To enioy good health, aim to <!l" a>s
have abundant sleep, this can general^
be secured by management, unless there
bes-mUK baby in the house, in which
case ifr.llulrs Baby Syrup will greatly
assist. Price 25 cents a bottle.