Newspaper Page Text
4
4®d£graptr unit Jitongtr.
MAC ON, JANUARY 23, 1880.
THE GEORGIA PRESS.
Tin Atlanta Phonograph disgraces
arif by the publication of a smutty
jateoe of doggerel in its last issue.
Pxbet Vinson is the best advertised
*xvgUr in the State.
Blakely puts in a Strong plea for the
coMBpletion of the Blakely extension from
Arlington.
Dax Quitman Reporter advises the
gSuleis of Brooks to go slow on cotton
tt-Vic year, for fear, perhaps, the price will
out be all they may desire. The last crop
St says, although thought to have been
coach short of the crop of the year before,
axau to be panning out ahead of any
ftnvsra for several years.
Thomaston boasts of its improvements,
EC las not a vacant house in the place.
Several hundred hogs were killed in
Gfeacn county last week.
Bishop Beckwith preached two elo-
*c«nt sermons in the Presbyterian church
z« liainbridge last week and confirmed
Xmo candidates.
The Decatur county farmers are busy
preparing their lands for the nest crop,
The VVallack Tripologue is soon to
gwwnic Southwest Georgia with “Sweet
UCfie Buttercup” and company.
The young ladies of Thomasville are
TCimnging a leap year party and the young
ncea are growing painfully polite in pros-
rpett thereof.
ti r. \vv will hold its spring fair on the
£9(h and 20th of May.
Tv Tr, on the Brunswick and Albany
g^nii will soon liave a commodious depot.
JLlafa.ua. is coming to the front as one
'dfthe best trading points on the Bruns-
'ttriek and Albany road.
The Berrien County News says in re-
■^rrd to the erratic DuPont, of the Okefe-
matucun
B Ivncliiug could be justified, the crime
seduction certainly invites the approach
-rftliat stern judge. It has been hinted
riat DuPont is insane. Ilis conduct cer-
Jlaialy seems to justify such a report.
"Tifton had a burglary last week. The
•Ctere of Mr. J. "W. Hall was robbed by a
Ws make a bow to the Berrien County
Jfcexzs for our talented friend “X. I. E.”
fit says: As an interviewer of a marble
monument the young “Georgia Press man”
^ the Telegraph and Messenger has
ire equal.
The Thomasville Times, speaking of
t£ke recent sale of the lease of the Macon
.-and Brunswick road, says:
This road has been on the block three
times. The fust time under a foreclosure
^mortgage by the State. That was dttr-
?«; Governor Smith’s administration,
Mr. George W. Gamage, one of the finest
.auctioneers in the State, and who has re
cently settled in Thomasville, was em-
gteyed by Governor Smith to sell the
vead, and he knocked it down to the State
at* round million. The abortive effort
te lease it in November last, is of course
fhesii in the minds of all. The sale on
Tuesday closes out, in all probability, the
“State’s interest in the road.
The Times also remarks:
Double breasted, iron-clail, warranted
•asst to cut in the eye, law proof, aouble-
3»rk action, retroactive, far-reaching, all
pervading and never-ending guano notes,
aw flying around. They settle down in
rariy'safes with the oft-repeat autographs
cf the. liorny-lianded sons of toil orna
menting the lower right hand comer.
Lost.—The Jonesboro News thus states
tbs recent lynching near that place:
A negro by the name of Nathan Smith
assaulted the wife and daughter of Mr.
Sfeerod Gay (a highly respected family of
this county), while in bed, Thursday night
nTIast week, during Mr. Gay’s absence,
and was placed in jail at Jonesboro,
efaarged with attempt to commit a rape,
Last Thursday night, between one and
tmrn o’clock, a large crowd of persons un-
fanwn, broke into the jail, and the pris-
tqbct disappeared.
We lave not learned whether he made
Farr escape, but suppose he suffered the
jKsally of his crime. The negro screamed
tSbaulically when the mob attacked the
ja£L He had made confession of his guilt,
-».i no doubt deserved death under tlie
h«.
Since the above was in type, we learn
tibatNatlan is hanging to ablackjack about
firic miles above this point.
The Timber Gazette says that Darien
Zzatill crowded with vessels waiting for
lomber and timber, and although prices
.-are reach higher than they have been for
ssreral years,'timber is coming very slow-
te. It says: “We da not think that even
.•the most exacting timber cutter can he
wauling forlligher prices, as there is no
•vfxesUon but what he is being well paid
•«tibe present prices. In fact, tliemer-
urixanisare buying upon very close mar-
gfu, and arc induced to pay the cutter
laterally for his timber.”
We learn from the Albany Advertiser
t2a» late last Thursday afternoon, while
a. number of ladies were in the Episcopal
Gfcordi of-that city, preparing it for the
senuon of Bishop Beckwith on ,the Sun
day following, the heavy scaffolding
writtch had been erected on the inside to
•stable workmen to repair the damages
fane by the late fire on the 20th ult., fell
oflown with a crash, and several of them
hJ a narrow escape from serious injury.
<Sae or two of tlie windows were broken,
Ecu*, no very serious damages to the church
was occasioned.
Tjuom asville Times: Another one of
Hat chain-gang who beat up Mr. Folsom
*wme time'slnce, making flieir escape from
K*. has been captured. His cognomen
«r entitlements is Andrew Jackson, not,
l»w«vcr, so far as we know, any relation
of Old Hickory. Mr. Jackson was quietly
drowsing around in the neighborhood of
Ty Tv, on the B. & A. R. R., when Mr.
•Jbfcn Hambleton, Jr., happened to meet
Sshl He at once notified Sheriff Coyle,
•mites sent the proper papers. Young Ham-
t&cten and a Mr. Pitman came upon their
fly**** while he was down in a well. It
villi thus be seen that his chance to run
was somewhat restricted. He crawled
-4M&. It was either do this or make for
China, He chose the former and surren-
Ainil The young gentlemen brought
Kan through In a'buggy, leaving TyTy
^Saturday afternoon and -reaching here
Monday. Mr. Jackson will now shovel
«Mt hts term under the eagle eye of Mr.
Railroad matters are now engaging
JOba attention of our State exchanges to a
vaeiy great degree, and,. discussing the
matter of the Macon and Brunswick road,
dH Covington Star says: By what route
tim Macon extension will be built, of
tmik wo cannot now tell; but it seems to
oc Covington is tlie natural point of con-
■ection with the Georgia railroad. The
Czack of the Georgia road could be used
fawn here to Atlanta, and thus, by coming
mu. of Macon on tlie track of tlie Macon
*tJ Augusta road for a few miles, at least
mub-hatfof the new road is built. It is
•mty * question of time when the same
jaoa.il must he extended to Knoxville,
fan Covington to Lawrenceville the
mote is more than half built by nature,
while from Lawrenceville to the Air Line
m. road is being built, and the work of
grading is now progressing. This would
. g.i > us a- connection with the East in an
m\ and would put us on a great air
lime highway from the Southern coast at
iSnanswick and Elorida, directly to tlie
Jwtaand East, without going by Atlanta
.August*.’’
Oji-UAincs Enquirer: A readjustment
*’ the boundary between the States of
Lf Ajia and Florida was recently made
purchased by the United Stales from
Spain. No titles are affected or disturbed
by this readjustment of territory, but a
considerable body of land is added to the
tax duplicates of Florida and taken from
those of Georgia.
The Griffin Sun will commence its
fourth year on the fourth of February.
There have been fewer robins in the
woods this year than has been known for
many years past.
Two darkies, Tom Burkhaltcr and
Henry Baines, have been caught stealing
seed cotton from the mill where it is usu
ally ginned in Cochran. They entered
the gin house through the hole through
which the gin band passed, and made
nightly raids on the contents of the house.
R. R. Blocker, Esq., still sits in his
law office and lucubrates for the Early
County News, an excellent paper for $2
BY TELEGRAPH
per annum.
Land in Newton county sells for $10
an acre.
Mn. William Moore is opposed to ed
itorials on the duties for “new year.”
General Alexander and Colonel
Doisey, of Augusta, are in New York,
says the Evening News.
The jury in the case of R. U. Palmer,
on trial for the murder of Colonel Salis
bury, late editor and proprietor of the Co
lumbus Enquirer, brought in a verdict of
not guilty on Monday morning. The ver
dict is another of those interesting legal
puzzles which are so difficult to unravel.
Mrs. Groover, of Savannah, the recent
purchaser of the Quitman Cotton factory,
has sold it again to Messrs. Jelks, Mob-
bett and Hines, for about fourteen thou
sand dollars. It cost over fifty thousand
dollars. It is running on full time and
is making money.
Strawberries adorned the sanctum
of the Quitman Free Press man last
week.
Washington has made up a party of
about fifty to go by a special train to Au
gusta, to see Joe Jefferson’s “Rip Van
Winkle.”
What sort of cattle do they call gen
tlemen in Newnan ? An individual who
was escorted in a handsome carriage to a
leap year party by a young lady, left her
several hours before the adjournment of
the festivities, without even saying good
bye.
A young man. named Tpm Norwood,
took possession of a wagon and two hales
of cotton in Newnan last Saturday, and
drove them off with the evident intention
of appropriating the same. The marshal
overhauled him several miles from town
and he wa3 bound over for horse stealing.
On Saturday night last the warehouse
of Mr. W. C. Gholson, of LaGrangft, was
destroyed by fire, together with fifteen
hundred|bales of cotton,mostly uninsured
No cause can be assigned for the origin of
the conflagration. Two other warehouses
standing next to the one burned were sav
ed with difficulty.
Water is in demand in Albany.
The Middle Georgia Military and Agri
cultural college was formally opened on
Monday with two hundred and nineteen
students, nearly equally divided as to sex
The annual masquerade ball of Mil-
ledgeville will not be overlooked this
year.
Mbs. Hollman died in Columbus on
Monday night, from an overdone of mor
phine.
TnE Enquirer-Sun says Mr. Trippe,
the watchman at the Mobile and Girard
Railroad bridge, says on Saturday night
an attempt was made to throw the outgo
ing morning train.
The Griffin Sun says:
Judge Porter was accidentally shot in
the hand yesterday while repairing a pis
tol. The Judge has handled thousands of
pistols, but this little sun of a gun fooled
him.
Dublin Gazette: There never was
more marked improvement in any town
off a railroad than in Dublin. Not more
than a year ago, there were only ten stores
open in that place; but now, on a count,
there will be found sixteen,and all seem to
be doing well and receiving fresh goods
daily.
The newest candidate for public pa
tronage made its first appearance on Fri
day last in Camilla. It is named The
Dispatch and is published by Miss E. R.
Sutton and edited by Mr. R. N. Andrews.
The Valdosta Times says that Henry
and Simmons McLain, two boy brothers,
were hunting on Towns creek, in Echols
county, on Christmas day, when they
were attacked by a mad bull. The boys
dodged behind the trees, but the beast dis
covered the younger one and dislodged
him from behind the breast work and
hooked him down and rolled him over and
over in the mud. Before he was seriously
injured, however, the older hoy shot the
bull, breaking his neck at tlio first fire. As
soon as the younger could release himself
he fled through the woods, and, when
overtaken, no persuasion could induce
him to return for his hat. i
Griffin Sun: A friend furnishes us
with the following: Mr. Dixon Bowen,
of Henry county, died December 29, 1879,
aged eiglity-eight years. He reared a fam
ily of eighteen children, thirteen sons and
five daughters. Eight of his sons were in
the Confederate army at onetime, and
four of them were killed in Virginia.
Nine are now living in less than three
miles of where them father died. Over
fifty of his children and grand children
can walk to the old home in less than aii
hour. Mr. Bowen settled in Henry coun
ty in 1822, and in 1830 built the house in
which he died. He was a good citizen
and neighbor.
A colored child was bom in the lower
part of Brooks county recently, which
weighed eighteen pounds,
The Montezuma Weekly favors a con
nection with the proposed line of railroad
from Americas to Hawkinsrille.
"Whooping cough abounds in Monte
zuma,
Mr. Eugene Angel came near making
himself a sure enough angel while out
hunting near Savannah.
The Montezuma Weekly is responsible
far the following Congressional foreshad
owings:
It is almost a fixed fact that the east
side of Flint river is to furnish the next
Congressman from the Third district, and
there is very little doubt as to the county
that will claim, successfully, the honor of
naming the candidate. He will be a Ma
con county man and his name will appear
at our mast head at an early date.
Dr. R. O. Engrail Mayor of Monte
zuma, was married to Miss Ella Home, of
Montezuma, on last Thursday. The
church was beautifully decorated with
festoons of evergreen.
Union and Recorder: Last Thursday,
a colored lunatic by the name of John
Folsom was brought to this city from El
bert county. He was said to be very vio
lent, and was securely tied. On reaching
this city it was observed that be was com
pletely prostrated and in a dying condi
tion, caused by his raving and straggling;
but Mr. J. Campbell, who had him in
charge, procured a vehicle and started
with him to the asylum. On reaching
that institution the unfortunate lunatic
was found to be dead, having died on the
road between this city and tlie Asylum.
It has too frequently occurred that luna
tics liave been brought to the AsylunLin.
almost a dying condition, and humanity
as well as the rales of the institution re- _ , . .
quired that they should be received.andi rO:Inrtlw;Ho4s^c Mr.* Goiman deceived
m ... .P ,
■ t r.,ia and Florida was recently made . the best done for them that could be done
ireful and experienced surveyors. The | under the circumstances. But of course
of the survey gave Florida a strip of a cotpse could not be received; hence, Mr.
•ry three-fourths of a mile wide, ex- Campbell was compelled to- bring "the
>4-ling from tlie Apalachicola river to body back to the. city, where he procured
si. Mary’s. Georgia had stretched her a coffin and had it juried In the city cem-
-v -An.a little too far into the territory etery,
Jackson, January 20.—No result was
reached in the caucus last night. Before
the balloting commenced, General Wal
tham’s name was withdrawn and Genetal
George proposed. Five ballots were ta
ken, the fourth standing: Barksdale 52,
Singleton 52, George 32. The Senatorial
question comes before the Legislature to
day.
Augusta, January 20.—The failure to
gain admission to the State house yester
day has united the Fusionists, and they
say Governor Smith had ten thousand
men in readiness to act at a moment’s
notice; but he counselled peace and peace
prevailed. They also say they intend to
appeal to Congress, and will soon have a
committee here to investigate the matter.
Paris, January 20.—The life of M.
Jules Favre is despaired of. He suffers
from pneumonia.
London, January 20.—Jules Favrg, the
eminent French statesman, and Republi
can member of the Senate for the depart
ment of the Rhone, and also member of
the French Academy, died last night at
Versailles, at the age of 71. \
Washington, January 20.—In the
House the Speaker is proceeding as on
Monday to call the States for bills and
resolutions. i
Among the hills referred was one intro
duced by Culbertson, of Texas, for -the
discontinuance of the National hanking
system.
Jn the Senate-Mr. Beck announced his
intention to speak against the Bayard reso
lution to-morrow.
After the morning hour, Morgan presen
ted a petition of three hundred and seven
ty citizens of Philadelphia remonstrating
against any legislation by Congress to cur
tail the quantity or remove the legal ten
der quality of greenbacks, or their dis
placement by bank notes. He stated that
he did not know the petitioners but they
appeared to be wo .king men and business
men.
Mr. Logan, by request, presented a pe
tition of soldiers asking the passage of the
Weaver bill for the payment to soldiers of
the difference between greenbacks and
gold when they were paid. Mr. Logan
said that, in presenting the petition, he
simply desired to say that he thought the
bill referred to was one of the greatest
pieces of demagogism ever invented in
Congress, and he regretted that the sol
diers were deceived into signing a petition
in its favor. •
Washington, January 20.—In the
Senate Mr. Jones, of Florida, submitted a
resolution calling on the Secretary of the
Navy to inform the Senate whether the
interests of the country required the res
toration of the Pensacola Navy Yard to a
state of efficiency, and the probable cost of
such restoration. Adopted.
The morning hour having expired, the
Senate resumed the consideration of the
special order, viz: A bill relative to the
transportation of animals. After an ex
tended debate, in which Messrs. Thurman,
Eaton, McPherson,: and Davis, of West
Virginia, took part, the hill was recom
mitted to the Committee on Commerce.
Adjourned.
Washington, January 20.—In the
House the following bills were introduced
and referred under the call of States:
By Mr. Cravens, of Arkansas.—For the
settlement of titles in the town of Hot
Springs, Arkansas.
By Mr. Loring, of Massachusetts.—To
amend tlie constitution so as to extend the
franchise .to all citizens without distinc
tion of sex.
By Mr. Warner, of Ohio, to provide for
paying the bonds of the United States
maturing in 18S0 and 1881.
By Mr. Ellis, of Louisiana, appropriating
five hundred thousand dollars for the re
lief of the destitute people of Ireland.
The House then took up the thill re- .
quiring the National banks to keep half '
of their reserve in coin and Mr. Chitten
den, of New York, made a long argument
in its favor and against the legal tender
treasury notes, lie thought the govern
ment should deprive greenbacks of their
legal tender quality, stop minting silver
dollars and as soon as practicable, convert
all silver bullion now on hand into gold
and with that geld buy an equivalent
amount of greenbacks. He thought also
that the Gove.mnent should pay off the
greenbacks with the surplus revenue in
stead of buying bonds not yet due.
Townsbeny, of New York, followed
with an argument in favor of withdrawing
the legal tender quality of greenbacks.
The morning hour having expired, the
bill went over without action.
The House in the Committee of the
Whole then resumed the consideration of
the revision of the rales.
Speeches in opposition to various pro
posed rales were made by Mr. Aqklen, of
Louisiana; Mr. Hank, of Tennessee, and
Mr. Williams, of Wisconsin, and at 4:40
o’clock the House adjourned.
The Senate to-day confirmed the nomi
nation of B. T. Scales as postmaster at
Union City, Tennessee.
Petersburg, Va., January; 20.—In
the case of James M. Young, on trial for
the murder of George Hiuton, in Novem
ber last,"the jury to-day returned a ver
dict of guilty of murder in the second de
gree, the penalty for which is ten years in
the penitentiary. The court suspended
sentence until to-morrow, when Young’s
counsel will move for a new trial. Youug
listened to the verdict cooly.
Augusta, January 20.—Wliep the Re
publican House met this morning, Messrs.
Hill and Moutton, two Fusion members,
appeared and took their seats.; Messrs.
Iiapter and Banner, also Fusion members,
had previously taken the same action. The
House received a communication from
Wallace R. White, demanding sm investi
gation of the charges of bribery made by
the Fusion leaders. A special committee
will be apixjinted for the purpose. A
resolution introduced by Mr. L pale was
adopted by the House, and subsequently
by the Senate, to the effect that the Legis
lature of that State now has been legally
organized, in accordance with .the opin
ion of the Supreme Judicial Court; that
the Governor and State officers have been"
duly elected and are now in the perform
ance of their duties, and that,.therefore,
the Legislature will now proceed to the
tranactiong of public business, and
gives notice to the people of! the State
that all other bodies claiming,to be the
legal Senate and House are acting with
out authority and iu violation of the con
stitution and laws. It was also ordered
that the Judiciary Committee be instruct
ed to inquire whether any and if so what
legislation is necessary to prevent-and
punish unauthorized obstruction and" use
of State records and other State property
as well qs the commission of other unau
thorized acts in the name of j the State.
The Fusion House met at IQ o’clock In
Union Hal). Speeches were made by
Representatives Vickey, Bradbury, Sevan
and others counselling the members of the
House to stand firm for their rights, to
recognize no usurping Legislature, to sus
tain the legal Governor Smith to the last.
On motion of Mr. Dickey, committee
appointed to recommend a course of ac
tion, were instructed to report at 4 o’clock
to-day to which hour the House then ad
journed. The Fusion Senate met In the
ante-room of Union Hall, and after an in
terchange of views by themembere,. Ad
journed until 4 o’clock.
It is said that the position of the Fusion
ists lias been much strengthened by the
events of yesterday. The rcfhsal of the
Republicans to admit to the State house,
members like Strickland, Knowles, etc.,
who have undoubted rights to seats, 11 las
strengthened tlie determination of the Fu
sionists to hold together and has led them
to take a more hopeful view of the situa
tion.
Annapolis, January 20.—The two
Houses of the Legislature, In accordance
with the act of Congress prescribing the
time and manner of electing Senators in
Congress, proceeded "at", noon to-day to
vote for a Senator to "succeed HonjxWil-
liam Pinckney Whyte, whose-' term ex
pires on March 4th, lg$L_-p 9 J
In the Senate, Arthur P. Gorman, Dem-
Offfat, received eighteen-votes, and_-James
A. Gary, Republican, fire votafi Two
Senators were absent. _ ' ’ 1 '
sixty-three.votes.and Mr.. Gary nineteen.
Two members of the House were absent.
Mr. Gorman’*; vote is a majority in both
Houses.
London, January 20.—A dispatch to
the Pall Mall Gazette from Rome says
f the Pope is surprised and indignant at
■La h
Cardinal McCloskey’s reception of Mr.
Charles A. l’arnell in New York, and has
ordered Cardinal Nina, Papal Secretary
of State, to telegraph to Cardinal Mc-
Closkey for information on the subject. •*
Boston, January 20.—A special from
Augusta says: The Fusionists will take
no step to get possession of the State
house. They will hold sessions in Union
Hall for the present. Their committee on
legality of the Legislature is now in ses
sion. Tlie Fusionists have some of their
ablest lawyers here, but there is a noted
absence of the conservative element. Mr.
Ellis, of the Fusion Senate, declared to
day that a member of the State house
Legislature had made a proposition to
unite on the basis of dividing the State
offices, but he did not give the namo of
the party making the proposition. There
is no such desire on the part of the Re-
publicans.
San Francisco, January 20.—The
steamer City of Peking, from China and
Japan, brings the following advices:
Yokohoma, January 3.—Public atten
tion is entirely absorbed by the disastrous
conflagration in Tokoi, December 26th.
This is the third similar overwhelming
calamity in seven years—first in 1872 and
the second in 1876. Now miles of ground
are laid waste. Nearly 15,000 homes
have been destroyed and 50,000 persons
rendered destitute. The actual pecuniary
loss is still undetermined, but it is not so
great as it would be in Western countries,
owing to the cheap construction of a ma
jority of the houses. The loss of life is
put down at about 100. Alaigepart of
the foreign district was destroyed, includ
ing several missionary establishments, one
the office of tlie Tokoi Times. The United
States delegation was in danger but es
caped. Extraordinary measures of relief
have been instituted by the government
and private individuals.
Memphis, January 20.—The work of
sewering the city begins to-morrow. Col
onel George E. Waring, with assistants, i3
here to superintend the work which is ex
pected to be completed by the middle of
Cincinnati, January 20.—A dispatch
from Frankfort, Kentucky, gives a report
of the Prison Sanitary' Committee made^'es-
terday to the Kentucky Legislature, on the
condition of the penitentiary. It describes
a deplorable state of affairs. The com
mittee finds that there are eight convicts
there confined that cannot l ; ve more
than a few months. There are at
least fifty others, some of whom are con
fined to their beds, who in all probability
cannot live longer than the latter part of,
the coming spring. About two hundred
others are in a state of debility and weak
ness, practically unfitting them for duty
or work. The balance of the convicts are
unhealthy looking and seem affected by
injurious influences which have prostrated
the others. This state of affairs is due, in
the opinion of the committee, to over
crowding in the workshops, bad ventila
tion, imperfect sewerage and lack of
wholesome food. ' r \ *
Washington, January 20.—The House
Judiciary Committee to-day agreed to re
port favorably to the House without
amendment a bill introduced by Repre
sentative Hunton for the relief of the own
ers and purchasers of lands sold for di
rect taxes in insurrectionary States.
Montreal, January 20.—Ex-Governor
Westcott,. of Florida, who has resided
here since the breaking out of the rebel
lion, is dead at the age of ninety years.
He was bom in Alexandria, Virginia.
SAVANNAn, January 20.—The annual
meeting of tlie Savannah Jockey Club
opened to-day with a good attendance and
fair weather.
The first race, Bonaventure stake, for
two year olds, there were seven entries
and three starters—Wanderer filly, Emily
F. and Planeroid colt. Wanderer filly
was the favorite and won in two straight
heats. Planeroid colt was distanced in
the first heat. Time 1:44 and 1:45£.
The second race, Savannah cup, two
mile dash, Oh My, Round Dance and
Vagrant started. It was a fine race. Oh
My was distanced and Round Dance won
in 3X0$.
The third race, hippodrome chime race,
four horses entered, two jockeys riding
two hoises each. This was an exciting
and novel race. No time was taken.
The fourth race, mile heats over hurdles,
Jim Fay and Dalgasian entered. Jim
was the favorite but he bolted at the third
hurdle and refused to jump until Dalga
sian had nearly reached home amidst
great excitement and was declared winner.
Time 2:19.
Races will be continued Thursday
number of Northern and Western sporting
men are in town, and considerable money
changed hands to-day.
The Grand Lodge I. O. O. B’nai Britb.
met at 10 a. m. to-day, in annual conven
tion, representing District No. 5. Dele
gations were present from Maryland, Dis
trict of Columbia, Virginia, North Caroli
na, South Carolina, and Georgia. Tlie
elections for officers will be held to-day.
A grand banquet will be tendered the
Grand Lodge to-night by the Savannah
Lodge. Many delegates are accompanied
by ladies.
New Orleans, January 20.—The
Legislature went through the formality of
voting for a United States Senator to-day
but there will he no election by the Legis
lature until the Democratic caucus nomi
nates.
Petersburg, Va., January" 20.—A
largely attended mass meeting of citizens,
irrespective of creed and nationality, for
the benefit of the Ireland sufferers, was
Held at the Academy of Music to-night.
Mayor "Cameron presided. Addresses
were made by the pastors of the several
churches of Hie city and other prominent
men. Resolutions expressive of sympathy
for the sufferers was adopted and tlie city
divided into four school districts and can
vassers to solicit contributions were ap
pointed for each.
Dublin, January 20.—A meeting of
tliirty-three Home Rule members of Par
liament, under the presidency of tlie Lord
Mayor, passed a resolution to-day pror
posed by Mr. William Shaw, member for
Cork, and’seconded by Mr. Mitchell Hen
ry;member for Galway, calling upon the
Government do institute reproductive re
lief works. Mr. Shaw said tlie Govern
ment had willfully Shut its eyes to the
distress of Ireland. Mr. Mitchell Henry
said if the demands are not, complied
with they must force compliant by con
stitutional action or otherwise.
Dublin, January 20.—The following
Is the appeal made to the people of the
United States, made by the Dublin Man
sion House Committee for the Relief of
Distress in Ireland; “It is now admitted
that distress of acute and exceptional
character Is certain to involve actual star
vation if extraneous aid be not promptly
and liberally forthcoming. It exists over
wide districts of Ireland—this distress
daily increasing in area and intensity, so
much so that it seems impossible to avert,
until next harvest, an absolute famine in
very many places. Every effort Is being
made in Ireland itself, by relief committees,
to investigate the calamity, but owing, to
general commercial and agricultural de
pression and the wide-spread character of
the distress, these efforts have proved
totally inadequate to meet the crisis.
“We appeal with confidence to all Irish
men and all the friends of Ireland, for aid
in our efforts to save the people from de
struction. We would point to. the consti
tution of our committee, which comprises
men of the highest character and position
in the country and of all creeds and poli
tics, both as an assurance that this appeal
is justified, anJ that any funds entrusted
to us shall be distributed iu a manner
best calculated to meet the emergency.
This central committee distributes its re
lief through the local committees, of
which the clergy of all the denominations
in distress and the poor law medical offi
cers must be members; and requires that
relief shall be given only in kind and not
in money. The names of a large number
of eminent persons are appended.
* Washington, January 20.—The Sen
ate committee on Militaiy Affaire had the
case of General Fitzjohn Porter under
consideration this morning, but when the
hour for the meeting of the Senate arrived,
had not reached the point of final action
on it. Another meeting will be held dur
ing the next few days, for the- purpose of
completing the consideration of the sub
ject.
- The House military committee finally
agreed this morning upon Representative
Bragg’s bill restoring Fitzjohn Porter, af
ter materially amending it from the shape
in which it was left at their meeting Sat
urday. ■ ■ '■ • f •••
■ i|»J I.0JI.1 i|-,i I of *i
J i-ii ..'.eithll
The funeral of Rear Admiral C. K. 1
Stribling, who died at Martinsburg, West
Virginia, on the 17th inst., took place in
this city to-day. An escort of marihesjac-
companied the remains from the depot to
Oak Hill Cemetery, where the interment
was made. The following were pall bear
ers : Rear Admirals Poor, Jenkins, Almy
and Stanley ;■ Paymaster General Cutter,
Surgeon General Walls, Captain Wells
and Captain Law-
Secretary Thompson lias issued a gen
eral order announcing "the death of Rear
Admiral Stribling on the 17th inst. The
usual salutes and hoisting of flags at half
mast are ordered.
Havana, January 21.—The Santiago
de Cuba police are reported to have dis
covered an association of negroes called
“Munigcs,” whose statutes oblige the
members to kill white persons. The po
lice captured filly-four alleged members
of the society.
Chicago, January 21.—The contro
versy between the American Union and
Western Union Telegraph Companies in
regard to the possession of about 2,000
miles of wire belonging to the Great Wes
tern Telegraph Company was finally set
tled yesterday in favor of the former.
New Yobk, January 21.—Cardinal Mc-
Closkey declares that the statement cabled
from London to the effect that the Pope is
indignant at the reception eiven to Charles
S. Parnell by Cardinal McCloskey is abso
lutely without foundation.
The 2Vi"6unesays the syndicate of bank
ers and persons largely interested in the
Wabash and Union Pacific railroad sys
tems has purchased fifty thousand shares
of the Central Pacific stock'at seventy-five
cents with the option offiity thousand
more at eighty.
New York, January 21.—A Danville,
Virginia, special, states that Mrs. May, an
aged lady living six miles from Danville,
in Pottsylvania county, with two daught
ers, Miss Kate May, eighteen years of age,
and Mrs. Herndon, a married lady, was
placing a kerosene lamp on the mantle
last night, when it was overturned, and
an explosion followed. Mrs. May was
enveloped in flames, and Mrs. Herndon
and Miss Kate ran to their mother’s assis
tance, when their clothing took fire.
The three ladies rushed into the yard.
Mrs. May and Miss Kate rau around
screaming wildlyjfor help, until they fell
dead, suffocated and frightfully burned.
Sirs. Herndon laid down and rolled over
and over until the flames were extin
guished, but was terribly burned and be
came unconscious. Although still alive,
but little hope is entertained of her recov
ery.
Jackson, Miss., January 21.—The
Legislature ballotted yesterday for United
States.Senator, with the following result:
Senate—Barksdale, 14; Singleton, 10;
George, 11; R. K. Brace, 1; T. W. Har
ris, 0.
House—Barksdale, 34; Singleton, 39;
General A. M. West, 15; George, 25;
Bruce 3; absent or not voting, 4. The
Republicans voted for Brace, and the
Greenbackers for West. There was no
choice.
Augusta, January 21.—In the Fusion
House last night the committee reported
in favor of submitting another series of
questions to the Supreme Court. A gen
eral discussion followed—several mem
bers expressing their intention to abide by
the decision of the court. The House
adjourned witlionl action.
Boston, January 21.—A special from
Augusta says the Fusion House met in
Union Hall at 10 a. m. Swan moved to
reconsider the vote of yesterday ordering
the committee to submit questions to the
Supreme Court, believing it was hasty and
ill-considered. He thought that this
House had had enough of the opinions of
the Supreme Court. The court had not
agreed to consider any questions and there
was no doubt that it would refuse to give
a decision if any were submitted. Such a
step would be a complete surrender to the
Republicans.
Plaisted followed in the same strain,
It was evident from the line of speeches
that the Fusionists hare decided to sub
mit no questions in accordance, It Is be
lieved, with the advice of Air. Gould.
Boston, January 21.—An Augusta spe
cial says Banner and Rafter this morning
denied in the Fusion House thatthey took
part in the business of the Republican
House yesterday, as reported. Both
said they had not entered the State
House since tliqy were refused admission
last Monday.
Washington, January 21. — The
House Committee on Appropriations
took up this morning the deficiency appro
priation bill for the pay of United States
Marshals and Deputies. After a prolong
ed discussion it agreed upon and ordered
the chairman to report the following bill:
“Be it enacted, etc., that the sum of six
hundred thousand dollars is hereby ap
propriated for the payment during the fis
cal year ending June 30, 1SS0, of the fees
of United States Marshals and their gener
al duputits; but no part of the money
hereby appropriated is appropriated to pay
any compensation fees or expenses of mar
shals for services rendered in connection
with registration or elections under any of
the provisions of title 26 of the Revised
Statutes of the United States.
In the House, Sparks, of Illinois, chair
man of tlie Committee on Military Afiairs
reported back a hill for tho relief of Gen
eral Fitz John Porter, accompanied by
a majority report thereon. McCook, of
New York, presented the minority report.
Both reports were ordered printed and
the bill made a special order for the thir
teenth ofFebraary.
McMahon, from the Committee on Ap
propriations, reported a bill for the pay
ment of fees of marshals for the fiscal
year ending June 30,1880. Printed and
recommitted.
At half past twelve the House resumed
consideration in the morning hour of bill
relative to national bank reserves and was
addressed by Lonsbury, of New York, in
favor of repealing the statutes giving Uni
ted States notes a legal tender quality.
Washington, January 21.—Tlie Sen
ate Committee on Naval -Allaire to-day
authorized a favorable report to ! be made
on the nomination of Dr. Phillip S. Wales
as Chief of the Bureau of Medicine and
Surgery and Surgeon General of the
Navy. .
The House Select Committee on the
Yorktown Celebration appointed a sub
committee this morning, and instructed
them to draft a bill making an appropria
tion of $100,000 for the erection of a suita
ble monument at Yorktown, Virginia.
The Senate took upfflie Bayard resolu
tion for .the withdrawal of the legal tender
quality of United States notes. Mr. Beck
•opposed the resolution, prefacing Ills re
marks with the statement that he regret
ted to" differ from the Senator from Dela
ware and believed the latter was acting
for what he thought the best interests of
his country; but Mr. Beck was obliged to
differ from that opinion.
The general line of Mr. Beck’s argu
ment wa3 that while .he did not favor the
original issue of greenbacks, they had
been decided constitutional, and were an
essential part of our currency.; This was
not a favorable time for withdrawing
them even if such a plan was theoretically
coirect. The people desired no tampering
with the currency. They wanted to let
well enough alone.
During the financial legislation of 1878
Mr. Bayard had offered substantially the
same resolution, and it was then voted
down by a very large majority. There
was better excuse fofitspassage then than
now. At that time notes were below par.
We have been at great expense and priva
tion to bring them to par—have increased
the public debt by the sale of bonds for
so-called resumption purposes, and accu
mulated large amounts of coin in the
treasury, yet now that the notes are as
good as gold, it is proposed to discredit
them. There was no reason to suppose
the Senate had so radically changed its
opinion since 1878.
He showed that the currency was not
rednndant. V Other nations—France" and
Belgium for instance—have much more
money than we in proportion to popula
tion. He thought the amount of green
backs in circulation smaller than as shown
by the report of the Secretaiy of the
Treasury. It was certain that about 10
per cant, of tho fractional currency issued
had been lost or destroyed, and probably
the same was the case with the
notes.
It should also be. remembered that the
notes in denominations of one thousand
and upward were not actually part of the
Tills proposed legislation, he believed.
was in the interest of the moneyed class
and notin that of the people. It would
give tlie national banks full control as to
the nature and amount of the currency.
It would be impracticable to prevent
abuses of this power to issue. The power
to issue money should be controlled by
Congress under direct notice of the people
and subject to veto on hasty legislation.
He alluded to the fact that many of
the obligations of banks had "probably
been lost and destroyed. The twenty
years term of their charter was near its
expiration and they sought to avoid a re
turn to the government of all the notes
issued to them, as provided by law—thus
being enabled to pocket the amount of the
aforesaid lost or destroyed notes.
Madrid, January 21.—King Alfonso
has signed decrees nominating Senor Can-
ovas del Castillo Minister of Foreign Af
fairs and Senor Torreno President of the
Chamber of Deputies.
London, January 21.—The Press Asso
ciation states that it is reported an explo
sion has occurred iu the Lycett Colliery
near Newcastle, and it is said seventy-five
to ninety persons have been killed.
New Orleans, January 21.—Yester
day a sugar boiler at D. R. Carroll’s plan
tation, on Barrataria, exploded, killing
Willis Wright, colored, Arthur Porrier,
Chief Engineer, and a colored man, name
unknown, and seriously wounding thir
teen others, some of whom are not expec
ted to recover. The damage to the su
gar house is estimated at $8,000.
Washington, January 21.—In tha
Senate, before Sir. Beck’s speech, Sir.
Edmunds, from the Judiciary Committee,
reported a bill to amend section 040 of the
Revised Statutes, relating to the removal
of suits by corporations from State to Fed
eral Courts.
Mr. Beck thought our present business
President of the Farmer’s Aid -Society
will also be summoned.
Washington, January 21.—^The Bos
ton Herald’s Augusta special says: In the
Fusion house the debate was continued.
Messrs. N. Clark, chairman, Bradbury
and Hill, counled-in members,* denied
tiuat they wished to take any rash steps.
They declared that they would never join
the Republicans.- _
In the Senate; Senator Hobson offered
a resolution declaring it the duty of that
body to submit ’the doubtful questions to
the Supreme Court and if overruled, act
in the body recognized by the court as the
Legislature and use their influence in
protesting against illegal acts. The num
ber of members present in the Fusion
House was thirty-seven and in the Senate
fourteen.
Savannah, January 21.—The Grand
Lodge of B’nai Erith of District No. 5
was in session to-day, and elected a num
ber of officers. N. Levi, of Charleston,
was elected President, J. C. Macks, of
Wilmington, First Vice-President; Max
Cohen, of Washington, D. C., Second
Vice-President; C. B. Wolfe, of Balti
more, Secretary; Aaron Goodman, of Bal
timore, Treasurer; M. J. Solomon, of Sa-
vannnali, Sergeant-at-arms; cm the Board
of Control ot the Orphan Asylum, Jos.
Gunfeder, of Baltimore. A grand ball
was tendered the visitors by tho Savannah
lodges to-night.
London, January 21.—The Post-office
Department has applied to the Court of
Exchequer for an injunction restraining
Edison’s telephone company and other
companies from operating, on the ground
that telephones are telegraphs within the
meaning of the act by which the govern
ment obtained a monopoly in telegraph.
It was arranged that the defendant com
panies should keep hccount- of their trans
actions pending the final decision of the
activity might bo temporary and caused case, no injunaMon being issued. The
nnm< Al-ATIC irovo Orwl -f*1 minn TV.vi/in ... ll !i 1
more; by poor crops, wars and famine
abroad than by our own prosperity. If this
were, and a reversion should come, the ef
fect of the withdrawal of the legal tender
power of greenbacks would bo disastrous.
They would depreciate, aud gold would
go abroad. The money monopoly sought
to demonetize silver, abolish green
backs, and obtain full control of the cur
rency of the people. It was on par with
tariff monopolies. He showed how hard
it would have been for the people to get
the onerous tax on quinine revoked, and
how beneficial its repeal had been. He
was opposed to all class legislation against
the people, and m favor of strong and
wealthy corporations. At 3 p. m. Mr.
Coke obtained the floor, but yielded on
the motion to go into executive session,
and when the doors were re-opened the
Senate adjourned.
In . the House Mr. McMahon, of Ohio,
from the Appropriation Committee, re
ported a bill making an appropriation for
the payment of the fees of the marshals
and deputy marshals for tbe^ fiscal year
ending June 30th, 1880. Printed and re
committed.
Mr. Dunn, of Arkansas, from the com
mittee on public lands, reported back a
bill for the settlement of the titles to Hot
Springs. Printed and recommitted.
The House, then, in the morning hour,
resumed the bill relative to the national
bank reserves and was addressed by Mr.
Lounsbery, of New York, in favor of the
withdrawal of the legal tender quality of
United States notes.
Mr. Townsend, of Illinois, followed in
opposition to National banks and to Mr.
Chittenden’s speech of yesterday.
3Ir. Chittenden questioned the accu
racy of some of Mr. Townsend’s quota
tions and deductions from his speech and
an excited personal debate followed, which
was finally quieted by the Speaker.
Mr. Townsend, continuing, said he was
opposed to the bill because it proposed to
strengthen the National banks and make
them public institutions. He was in favor
of retiring National bank circulation alto
gether.
Mr. Buckner closed tlie debate with a
speech setting forth the objects of the
pending bill. He said he too was opposed
to the National Banking syetoin, but so
long as that system was an institution of
. the country, it should be improved. He
moved tlie previous question.
Fending the vote on ordering previous
question the morning hour expired and
the bill went over.
The House then went into Committee
of the Whole on revision of the rules, all
general debate on which is to close to
morrow. After extended discussion
Committee arose and the House ad
journed.
Petersburg, Va. January 21.—James
M.Youngwas to-day sentenced to ten years
in the penitentiary for tlie minder of
George Hinton, liis counsel having deci
ded not to ask for a new trial.
London, January 21.—A dispatch from
Rio Grande, regarding the riots mention
ed on the 3d instant, says: In consequence
ol tlie treaty, the Reis per Sassyer street
mob destroyed tlie cars and tracks of the
company, attacked the conductors and
stoned aud fired at the troops. The latter
charged on and dispersed the mob. Three
persons were MM and thirty wounded,
including some soldiers and policemen.
Order was finally restored and traffic re
sumed. Tlie government, replying to the
deputations, has refused to remove the im
post.
There is a rumor current on stock ex
change this afternoon, that the Peruvian
and Bolivian forces have been surrounded
by Chilian forces, and that negotiations
for their surrender are proceedings.
Baltimore, January 21.—A meeting
of. the first mortgage' bondholders and
holders of registered certificates of the
Wilmington, Columbia and Augusta
Railroad company was held to-day in this
city to take steps to reorganize the road.
The committee appointed at the meeting
held on November 25th reported that they
had purchased the Wilmington, Columbia
and Augusta Railroad in the interest of
the first mortgage bondholders. The re
port of the committee was adopted, and it
was decided that tlie road be at 6nce sold.
The election of officers was then held for
them with the following result: Presi
dent, R. B. Bridges; Directors, Messrs.
Walters, Shoemaker, Needcomer, Short,
Brown, Jenkins, Plant, Cameron and
Pratt. The company will begin with
$960,000 capital. Stocks aud bonds will
be issued to the amount of $160,000, bear
ing interest at the rate" of C percent, per
annum, payable in -gold in New York
City on the first day of June and Decem
ber. The plan of reorganization will
give to every holder of $200 worth of old
bonds, with accompanying coupons and
certificates, $1,000 in new bonds, and six
shares.
Washington, January 21.—The Presi
dent sent tlie following nominatious to
the Senate to-day: Edward "Wheat to be
United States Marshall of the middle dis
trict of Tennessee; .Postmasters Robert
G. Staples, Portsmouth, Va.; 'William
Billings, Victoria, Texas; Miss Lee H.
Randle, Oxford, Miss.; Robert Wi Fitz
gerald, Natclies.
The Senate exodus committee to-day
examined O. S, B. Wallace, (col.) Presi
dent of the ^migrant Aid Society. He
thought the exodus from North Carolina
was, to use his words, “a poor, Godfor
saken country, with a soil that wont
sprout blackcyed peas.” Emigrants would
ao better in the West.
liis principal charge of ill treatment re
ferred to the payment of farm hands in
“store orders,” but he thought the Indiana
people are more willing and able to help
tlie freedmen than their old masters.
There was no kukluxism iu North Caroli
na, but in one Republican district the ne
gro vote had been lost. When reminded
that the counting machinery in that dis
trict was in Republican hands, he avowed
it made no difi'erence; that wa3 a good
district to get away from.tbe intimidators.
He knew nothing about the negroes going
to Indiana merely to remain until after
the election, hut the iutention is to go to
Kensas, and when their two agents, Ferry
and Williams, got to Washington last fall,
they, diverted tlie emigration to Indiana.
Active Republican politicians said there
was great demand for farm labor in Indi
ana, therefore tho people would he well
treated there. Witness estimated that
2,500 or 8,000 negroes from Carolina, had
passed .through Washington, principally
for Jndiana. The committee then ad
journed.
By Senator Windom’s request Governor
Times discountenances tlie suit, and says
the tax on telephones would bo a tax on
knowledge.
London, January 21.—The scene of
the colliery explosion reported to-day
was at New-Castle-on-the-Tyne. Tlie
disaster occurred at eight o’clock this
morning. Between seventy and ninety
persons were iu the pit at the time, and
there is little hope that any are alive.
Search is delayed by the damage to the
shaft.
The latest accounts from tho scene of
the colliery explosion at New-Castle-on
the Tyne, fix the number of persons in the
pit when the explosion took place, at sev
enty-seven. It is believed not more than
six of the rescued can recover. Twenty-
five corpses have been brought up, the ma
jority of them being disfigured so as to be
unrecognizable. The few who were res
cued alive are dying rapidly. The scene
at the mouth of the pit is most hcartrend-
in L
ake Charles, January 21.—South
Louisiana And Texas were united yester
day. Cars will be running from Houston,
Texas, to Lake Charles, before the last of
February. Orange, fig, peach, and plum
trees, are budding, aud strawberries are
in blossom.
Washington, January 21.—The House
Committee *n Railways and Canals to-day
ordered tlie report to be made upon Rep
resentative Ellis’ bill providing for the
construction of a railroad bridge over tlie
Red river at Shreveport, Louisiana, and
also over the Ouachita river at Monroe.
Washington, January 21.—The Na
tional Woman Suffrage Convention met
here to-day and was called to order by
Susan B. Antony in a brief address. Ad
dresses were also made by Mrs. Belrae A.
Lockwood, Mrs. Mary A. Pell, of South
Carolina, Mrs. Elizabeth Saxon and
others.
New Orleans, January 21.—In the
Democratic caucus to-night, General A.
L. Gibson on the second ballot, received
fifty-five votes, the number required to
nominate. This nomination was made
unanimous for United States Senator to
succeed Kellogg, whose term expires in
1883. The" session of the Legislature un
der the new constitution being biennial,
th« duty of electing Kellogg’s successor
devolved upon the present legislature.
SUPREME COTJET.
The nmptonii otLtor
Complaint area bit
bid taste in the n» nih
pain;in the back. ,i^
or Join's, often mistak™
t w ri eamatiam,
stomach, iom of apueute, bowels alternate’?
costive and lax. headache. 1 89 of tatmerj -wiihi
painful sensation ol having failed todo son-e-
shina which ought to have been done, debility
lo v spirits, a thick yellow appearance of the siin
and eves, a dry cough often mta’akenfor con-
sumption. Sometimes those symptoms attend
the disease, at others, very lew.
Pain in Side for Three Years,
Bast Poikt, Ga. March IS, 1S79.
DSia fIBS: 1 have beeD dt wn ten yean with
liver complaint: have lay years at a time, X bsTs
hrdaievere pain in my aide for three yean,
with a dry eongh. This last fall my cough be.
came severe, and would cough up half a gallon
per day. The best doctors in Atlanta and my
settlement said it was the last stage of consump
tion. 1 was so weakened down by New Tear’s
Day I bad to taka my bed. I then, tent and got
Simmons’ 1 aver Regulator. I commenced taking
it regularly, and now my cough is nearly gone,
tbe pain baa left my ride and I am able to sit up
nearly half a day. . {ours, Q H DODD.
Z Might Hava Bean Bead.
[Extract of a letter from M Y Bryant.]
. Honsiow. Tsxas. Veb 10,1879.
Gifts: -My health heretofore has been very
roor. About feur m:n: ha ago 1 commenced tak
ing Simmons' Liver Regulator, which relieved
me In a short time, and now I am able to say,
and thankfully too. that I am quite welt—owing
to the use of your Regulator. If I had not taken
regularly when 1 was taken sick at Marshall, 1
might now have been dead. My faith in the
meiicine cannot be shaken, and I am a firm be.
liever in the virtue ami aU-powertul cutine
qualities of the Regulator, and I would like
everyone to know its efficacy.* Ycnrgtruly,
M YBRTANT,
Cured of Byspepsia in Six Weeks
POTTSTXVATI* CUT. Vs. Feb IB, 1579.
Dbaf Buts: 1 had the dyspepsia about three
} ears ago; it had run on me for t wo or three
years, and I tried all of our doctors and eTery
kind of medicine I could think of, and nothing
did me any good at ail. I happened to get one
of Simmons’ almanacs, aud saw the Regulator
Ligbly recommended for Dyspepsia. I was in
duced to try it and after taking the medicine
about six weeks it made a perfect cure. I have
recommended it to a great many persons, audit
has given general satisfaction.
__ J W LANDRAW.
It Curas Chills aud Fever.
loss. Kas. Kov is. 1879.
Bibs: I have tried Simmons'Liver Regulator
and pronounce it as represented, and can say
that any one that uses it cannot remain unwell.
It cured the chilis and feTeraod flux upon me.
Yours very respsctfullv
W TMUsTIB,
Prevent Billions Attacks.
South Bosiof, Halit.x Co, va.
If K8IB9 J H ZSILIH ft Co.
DBAS Bibs: 1 liave mod your Regu'stornpon
raiself and stock wrtn great success. I have
had chills and fever for a number of years, which
has greatly affected mv nervous system. Am al-
wavs bilious. When I fee! the attack coming cn
a good doaeot the Regulator will always relieve
me. ;; V-.iy truly your*,
DUG FRBBDENSTEIN.
Purchasers should be careful to see that they
get the genuine manufactured only by
J H ZHILIN ft CO,
Philadelphia, Pa.
Price IT. For sale by all druggist*. septa
Justice, Hon. James Jackson and
Logan E. Bleckley Associate Justi
ces.
Henry et. al. vs. Elder, administrator.
Injunction, from DeKalb.
Warner, C. J.—This was a bill filed
by the complainant against the defen
dants, with a prayer for an injunction on
the allegations contained therein. On tlie
hearing of the case the Chancel "or, after
considering the allegations in the bill, the
defendants’ answer thereto, and the evi
dence contained in the record, granted the.
injunction prayed for; whereupon the de
fendants excepted. It appears from the
record that the complainant was a stock
holder in the “Stone Mountain Granite
Company,” a corporation, and as such
stockholder was bound by the con
tracts made by tho properly constituted
officers and agents of that cor
poration when acting within the scope of
its granted powers; and was also hound as
such stockholder by the judgments regu
larly obtained against it when service had
been perfected upon the proper officers and
agents of said corporation in the manner
required by law although the complaint
may not in his individual capacity have
had actual notice thereof. According to
the rulings of tlie court in Blakcman vs.
the Central Railroad and Banking Com
pany, and in Ware vs. Bazemore, 58th Ga.
Rep. 180, 316, the complainant, as a stock
holder in said corporation in view of the
allegations contained in his bill, had no
standing in court wnkh would entitle him
to the injunction prayed for. Let the
j udement of the court below bei reversed.
Lowry vs. Candler, executor. Com
plaint, tram Fulton. r.- " .
Warner, C. J.—The plaintiffs brought
their action against the defendant
to recover damages ■ iu consequence
of the alleged sale by the defend
ant " to' them of a bond purporting to
he a bond of the State of Georgia, for
$1,000, representing the same to be a good,
true and valid bond of said State, whereas
said bond was a bad, spurious bond, and
of nowalue whatever. On the trial of the
case, the jury found a verdict for the dev
fendant. .Amotion was made Jtor a new
trial on the grounds therein stated, which
was overruled, and tlie plaintiff excepted.
It appears from the evidence on the record,
that tlie bond was sold and delivered to
the plaintiffs by one McCaslin as his own
property so far as was known or disclosed
at.the time of the sale thereof," and that
the money $850 wa3 paid to him by
the plaintifls therefor, aud that sometime
after the sale one of the . plaintifls
went to McCaslin and sald’ to him, “he
would have to come back on him for that
bond, that he had failed to . sell it, and
that it was an illegal bond:” The platan
tifts then proposed to prove by 'McCaslin
"“that he sold for T. W. J. Hill wliat pur
ported to be a bond of the State of Geor
gia. Hill came to my store and told me
that he had a State of Georgia gold bond
and desired me to take the bond to W- M.
&B. J. Lowry and see what they would
give for ft, and for me to let him know
what they would give for the bond, and
not to tell them whose bond it was. I re-
reported back to Hill and he told me to
take the bondover to Lowry's again and to
sell it to them, which I did, receiving for
the bond $850 in currency, which amount
I handed to said Hill at this time. Hill
said nothing more to me respecting said
bond. I gave the money to T. W. J. Hill.”
This evidence was ruled out by the court
on the ground that Hill was dead, and"
that is the main ground of error* insisted
on here. The "question presented in the
record in this case is one which has
never been decided by this court un
der the evidence act of ISC6—code,
4854. The precise question is ’ whether
an agent having a mere naked authority
to sell is a competent witness to prove liis
agency after the death of liis principal
when lie failed to disclose liis agency at
the time of the sale? If an agent fails to
disclose liis principal, yet, when discov-
ajj Mcaiux itiuuujua viuiviuv. | ered, the person ucaling with the agent
Hendricks, of Indiana, and the editor of may go directly upon the principal under
the Indianapolis Sentinel, wUl. be sub- the contract, as the plaintiffs have done in
pamajid as witnesses. J this case,—Code, 2107. The agent is a
circulating medium. They were no bet-I United States Marshal, Hon. John C. f competent witness, either, for or against
ter for this purpose than bonds. *Daw, editor of the Chicago Tribune, the his principal, his interest goes to his credit.
■fr
Code, 2200. Thus-stood the law at the
time of the passage of the act of 1866. Mc-
Casliu. the agent, is not one of the origi
nal parties to the contract or cause of ac
tion in issue or on trial, he is not the
other party to the contract or
cause of action in issue or on
trial, as contemplated by*the statute tlie
plaintiffs are the other parties to the con
tract or cause of action in issue or on trial
who are not admitted to testify in their
own faror, Hill, the other party being
dead. But it is said that inasmuch as
McCaslin, the agent, did not disclose his
agency at the time lie sold tho bond to the
plaintiffs, that the effect of his testimony
will he to discharge himself from liability,
and cast the same on the estate of Hill,
the dead man. The reply is that the
same result would have obtained under
the law, as it existed at the time of the
passage of the act of 1866. The estate of
the deceased testator is in no worse con-
diUon now by allowing tlie agent to prove
Decisions Rendered. January 20th, his o:vn agency, than it would have been
1880—Hon. Hiram Warner Chief. under the'law, as it existed prior to the
act of I860. Before the passage of that
act the deceased testator could not, if liv
ing, have been a witness in his own favor,
although the agent was a competent
witness to prove his own agency
as against him. The well-settled rule of
law which makes an agent a competent
witness either for or against liis principal,
originated in the necessity of tlie case, and
it is not repealed or abrogated, by the
death of the principal so as to render the
agent an incompetent witness to prove his
agency. The result, therefore, is that Mc
Caslin was a competent witness to prove
liis own agency in the sale ot bonds to
the plaintiff as well as acts done by him
within the scope of his authority as such
agent In connection therewith; the credi
bility of his evidence will be a question
for the consideration of the jury.
Let the Judgment of the court below he
•reversed. " r..&
Jackson, J., concurred on. the ground
that McCaSlin was the agent of, the dead
party; and by allowing him to testify both
parties to the contract would be heard.
Had he been the agent of the Lowrys, the
living parties? he would have "held the
witness incompetent. : t.
Tlie Atlanta and West Point railroad
vs. Johnson^ - Case, from the City Court
of Atlanta. j
Warner, C. J.— This was an
action brought . by the " plaintiff as
an employe against the defendant to
recover damages for an injury sus
tained by him m coupling;the defend
ant’s cars, whereby liis left; hand was
mashed anil had to be amputated. On
the Dial of the case, the jury, under the
charge of the court, found a verdict in fa
vor of the plaintiff for the sum of $5,000.
A motion was.made for a new trial on the
ground therein stated, which was over
ruled and the defendant excepted. The
court charged the jury, amongst other
things, as follows: “After you have done
that, and have agreed upon the amount
he should have, (if it is an ordinary case,
a case not involving gross negligence,)
you may then consider if that amount
should bo added to an account of ag
gravating . circumstances • connect
ed with the injury. The law up
on* the subject, is that in every
tort, arid this isatortjf there arc aggravat
ing circumstances, either in the act or the
iutention; in that event the jury may give
additional damages, either to deter the
wrong doer from repeating the trespass,
or as compensation for the wounded feel
ings of the plaintiff. Now, living settled
on the amount you will Cud on account
of pain and suffering; you will look to tho
evidence and see if it satisfies your mind
that there was anything aggravating. If
there was nothing aggravating; if it was
one of those accidents that occurred with
out an evil intention, or not accompanied
with gross negligence amounting to crim
inal neglect, you will find nothing for the
plaintiff on that account. Hon the con
trary, the" evidence satisfies your mind
that there was aggravation, according to
the aggravating circumstances you will
determine the amount of your verdict. As
to the amount you may find for such ag
gravating circumstances you must be
careful not to be unreasonable, unjust or
oppressive.
Iu view of the allegations in the plain
tiffs declaration and evidence contained
in the record, this charge of the court
was error. There are no acts of the de
fendant alleged in the the plaintifl’s dec
laration, nor in the evidence, going-to
sliow that the injury was done to the
plaintiff "by the defendant under aggrava
ted circumstances, to have-authorized the
charge of the court given to the jury as
contemplated by the 3007th section of the
code. There is no fact alleged or proved
going to show that the defendant or its
agents had any wrong or evil intention to
injure the plaintiff^ nor does the evidence
disclose any act of gross negligence on the
part of the defendant, from which such an
intention could fairly be presumed. Tlie
liability of tlie defendant to the plaintiff
for the actual damage sustained by him is
one thing, its liability for aggravated dam
ages in addition thereto is another and en
tirely different thing.
Let the judgment of the court below be
reversed.
bJkft i:..