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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:..