Newspaper Page Text
THE GEORGIA PRESS.
Rev. Watkins W. Hicks, D.D., so
well known hereabouts, has been de
feated for supervisor of the census in one
of the Florida districts.
ATirENS is a favorite town with min
strel troupes.
A man by the name of Avener started
to New York from Thomson with his fam
ily, hut deserted tliom in Augusta, leav
ing them in a very destitute condition
Ai.aiiama slings are tolerated in
Thomson, and now a number of Macon
archins want to arrange an exodus in favor
of Thomson.
Tins last issue of the Cartersville Free
Prc-i was made up of the advertisement
of Thomas W. Baxter, fertilizer agent, an
attack on General Gordon, and a few local
lines.
Du. Jessf. Wiki.e will remove from
Cartersville to Monticello.
A phantom party was held a night or
two since at the residence of Major C. II.
Smith, (Bill Arp.) in Cartersville, a night
or two since.
A large brick hotel for Talbotton is
among the probabilities of the not distant
future.
The fertilizer campaign has fairly open
<jd all through the State, and the knights
of the bone dust arc making things lively
for cadi other.
Tiik cogs of a gin and a hand of Mr.
John T. Boyer, of Sparta, had a surprise
parly last week, in which the gin came
out the happier of the two.
Miss Babe Whitaker was burned
last Saturday night by tlie explosion of a
keiosene lamp which she was filling.
Two Lee county men had an eatingand
drinking match last week, in which
was agreed that each should pay the
other's lulls. The bills were one dollar
and a half each.
Wheat In Sumter county evidently
has the rust.
.Captain John A. Cohen has resigned
the presidency of the Americas Fair As
sociation.
Tin-: Hinesville Gazette is apprehensive
thj!, on account of the warm winter and
probable cold spring, the fruit crop
thicughout the Stale will prove a failure.
Sparta Jslmaelite: General Browne,
of lb-- State University, now edits an ag-
KH.it Mural department in that old and re
liable journal, the Telegraph and
Me-- • ' uEir. Tills will contribute to
nie , -'» t“is paper a still more welcome vis
itor lo the firesides of Georgia farmers.
v - ,’ton Southerner and Appeal: Onr
fa: ; tell us that there are not enough
- in the county to supply the de-
mi 1 for farm labor, and that many of
tl: ■ that are here refuse to contract by
preferring to rely upon makini
* living by odd jobs.
7ui Ucffik Journal: Mr. Kaysorwas
111.. . ri.. to Miss Bloodworth, of Grif-
fi:t, las: Sunday. This may be regarded
a tiu.'keror.s proceeding.—Tet.. & Mess.
IVai. i id she attempts to strap him; then,
if lie’s got Bloodworth acent,lieTlKaysor.
i.s seem to be subjected to rather
singular treatment in Sparta according to
the / <h,naeWc. It says:
TIp> old well near Mr. Martin’s shop
has lieeu dug up, and a new one is being
pi.; ii..i a few feet further east. The
!• supply of Sparta is very limited.
P -ji'i.* night tobe very particular to guard
agiih.-t fires; for if one should breakout
1.1 io' . n there wouldn't be water enough
1.1 i- !l it out.
< vuiERSvii.r.E Free Press: Just as
> e • * * lo press Mr. Will Taylor, a train
band on the State road, was caught be-
1.. 1.v i I lie bumpers of two Ireightcars and
mangle . to such an extent that no hopes
.attained for hfs life. He was from
-*u.:h Carolina and had been running but
tv. oi niths.
»i ni.'STA -Vines; Georgia has furnished
.',aiiators to Mississippi, Messrs. La-
■ii.iv ..ml George being natives of the old
. ma a .uwealth. They are both good—
none better. Our own Senators are na-
irvt*>. While keeping plenty of good
brains at home, much that is valuable has
oceii ■ attributed abroad. Ours is not as
.in-.pi.au A. Douglass once described Ver
mont -a glorious State to be bom in, pro-
v.d.-.l one leaves it soon enough.”
. iotton Register: Colonel Wad-
i' V, i u.ough Captain W. E.' Baoul, the
general Superintendent of the Southwes
tern • a Iroad, has made a proposition to
i .nu....»n to furnish the rolling stock,iron
1.1. rr.iss ties, if the people of Talbotton
wuiiiil grade the road from Talbotton to
number six. This is a most liberal prop
osition, and there is talk of moving vigo
ras ly in the matter.
A cm respondent from Turin to the
A o\v nan Herald says: We have traveled
•• liro-igli portions of Coweta, Fayette and
>-. - -1 :■ - ether counties, and notice a large
Acreage sown in small grain, and a more
pri-mlung prospect we have not seen any
vr ar I! - an now foi small grain crops. We
,H-.it- id much soured meat on all sides,yet
mo i ii.- i bat is a total loss. We think there
is not spoilt meat enough to affect the
price !e any extent, and farmers would do
weii to defer purchasing a while longer.
Much guano will be used upon the coming
cr«j, w.-t we do not apprehend that more
hind will be planted this than last
year. The present price of breed studs
svi l delicate the better policy to the fann-
«'.»•• Corn now selling at eighty cents per
bn.ih:!, would suggest the planting of
more com.
i'm.MASVtLT.E Enterprise: Our com-
itiuniiy was shocked cn Monday last by
the news of the sudden death of Mr. W.
W. bmpliens, at the residence of Mr. Da
vid J. llali, about three miles northeast
of this city. Mr. Stephens left town on
.Mo . I.*/ morning early to go out and
-In vc up some cattle. He was accompan
ied by a colored man, who says that he
co:n|! .ined of being a little unwell on the
wni. >.h! when he got to Mr. Hall’s he
»niu tbe negro man to go and drive up the
collie. Mr. Hall went with him, leaving
M r. -Stephens sitting by the fire. Mr.
tlail was gone but a little while, and on
hi., return was met by his daughter, who
U»M him that Mr. Stephens had fallen
into the fire and was dead, she thought.
.Mrs. liall had in the meantime called in
Mr. Kelley, who was passing the house,
uni tie had pulled Mr. Stephens away
from the fire. Mr. Hall fouad Mr. Ste
phen:, o:i the floor dead. He had been
c.-. Lug as constable and deputy sheriff
f r . nit-iime past, and gave general satis-
ftctVsn In the discharge of the duties of
hisufli.e. He was between sixty and
seven'y years of age, and was apparently
i»i jyie-l health to the very day of his
death,
Berrien County JiTeies: We are call
ed u|>oii to record one of the most heinous
i that ever darkened the history of
up. Two were found, perfectly wild, in was as good as anybody and that she
the swamp. A lively fight ensued be- should have something fine. The clerk
tween one of these and the dogs, in which threw down several, and selecting one
tlie latter were getting worsted, and Judge that he thought would suit, the Troup
Bower ordered the negroes who were with comity man asked the price: “twelve thou-
bimtogoto their assistance. This they sand dollars,” replied the clerk. “Well,
refused'to do,-and thcJudge .went himself, you just wait until I see my wife,” said
when the hog turned upon him, inflicting , the Troup county man, “and if she wants
an u"ly "asli in his leg. Determined not me to sell otit my farm, my stock of goods
to beontoone, Judge B. sent for a gun, and everything else we have and put
anil, after repeated failures, it was induced the money in that shawl, I will let you
to fire, and the hog was killed. Judge hear from me.” A. T. Stewart & Co.’s
- - • * • ■ *—clerk hasn’t heard from him yet, and the
Bower has suffered considerably from liis
wound, and for several days was unable
to wear a shoe. The cut, we are glad to
say, is healing now, and we hope that lie
will experience no further trouble with it.
Tiie Athens Watchman thus grapples
with the railroad situation :
The route we would propose is, for the
company which has leased the Macon and
Brunswick Read to bring it on to Social
Circle, instead of by McDonough and
Covington. We are assured that this
route is not only more direct, but can be
built at a much less cost.
After reaching the Circle there are ten
miles already graded on tlie Walton Kail-
road, from Social Circle to Monroe, and
from there to Atliens is only twenty-live
miles. From this point we have the
Northeastern Bailroad, (already in opera
tion) to Lula—leaving only about fifty-six
miles to build to the North Carolina
State line—a good deal of the heavy work
of which, in the neighborhood of Clarks
ville and Claytcv, i. already done. North
Carolina is w ming and anxious to build
her link in this line, and we are sure that
tlie short gap la Tennessee will be filled
in immediately. This would give the
most direct and shortest line tliat can
possibly be built from the coal fields of
Tennessee aud Kentucy and the grana
ries of the West to the South Atlantic sea
baord,
One of tin- most wonderftil things that
lias occurred in Augusta this week was a
colored man who was knocked in the 1*
with a brick, from the cflbets of which he
died. A post mortem examination should
be held, as the occurrence, as it now stands
overthrows all existing tlieori
Griffin will soon have a military
fair.
Albany had a few flakes of snow on
Wednesday.
Frederick Paulding plays in Albany
on the 16th instant.
The Evening Advertiser is to be
tinued, having received sufiicient patron
age to warrant this step during the first
month of its existence.
Mb. and Mrs. Mock celebrated their
golden wedding near Albany last week.
Hon. W. A. Habibs is said to have re
ceived five thousand applications for cen
sus enumerators in the Second district.
R. R. Blocker got hurt last week at
Dawson while endeavoring to board
train.
Twenty-six fish ponds are in opera
tion in Thomas county and more atten
tion is being paid to pisciculture.
The grading ou the Gainesville aud
Dahlouega road is progressing favora
bly.
Pike County lias a minister named
Bcllab.
Captain B. J. Tabbutton, of San-
dersville, died in Orlando, Florida, a few
days since.
TnE members of the Wallack troupe
took a hand in extinguishing the recent
Hawkinsvillc fire.
Albany had two small fires last week.
The uiore serious was the burning of the
kitchen of Dr. W. VT. Bacon, which was
insured.
A verdict for a thousand dollars for in
juries, has been awarded John Thomas,
colored, in the Gridin Superior Court,
against the Central Bailroad.
If the Greensboro Herald man and the
Warreuton Our County man continue to
call each other donkeys, they will con-
ince their friends that after all it is noth
ing but a little family feud.
Mr. John Lowe, formerly a merchant
of Knoxville, Georgia, died in that place
Wednesday evening last.
probability is that he will not take the
sliawl. • h . :
The Jesup Sentinel says:
Rev. W. B. Bennett informs us that lie
has a stalk of com in silk and tassel.
The Marietta Journal has the follow
ing. Can this be one of the results of
the election of the wet ticket in that
place: j -
We were awakened a few nights ago
from sleep, by a low, soft, sweet singing,
as if our mocking bird, which was in its
cage in the room, had concluded to seren
ade us. The notes were distinct, clear
and varied in tone. We listened quietly,
and tbcu approached the bird cage, but
we were convinced that the music did not
emanate from our feathered songster. The
next day and night we frequently heard
tlie mysterious singing which proceeded
from different parts of the closet, until
we were led to believe that a singing
mouse had domiciled itself under onr
roof. We were correct, for a few nights
thereafter tlie singing mouse ventured into
tlie room, trilling his notes unabashed.
In an attempt to capture this peculiar
singing animal, we had to kill it to pre
vent its escape.
Thohasville Enterprise: Monday was
the first day of the spring term of tlie
South Georgia College, according to the
first division of time, and several new
boys were expected. The school closed
on last Friday with one hundred and
forty-four pupils, showing a gain of four
for the week. The necessary steps are
being taken to introduce the military de
partment at an early day. Until a detail
is made by the Secretary of War, Mr. Al
exander, the newly elected professor, will
have charge of this department. Bein:
thoroughly qualified, the young men will
receive as thorough instruction iu this
branch as they could from an officer
the army. Colonel Wright, chairman
the board of trustees, is in correspondence
with Senators Hill and Gordon and Mr.
Alex. H. Stephens, all of whom have
pledged their best efforts to secure the de
tail as early as possible.
Mb. Milton B. Lingg, a saloon keep
er, was assassinated by au unknown man
in Savannah on Thursday night. The
Fewsiays ;
Last night two men entered the saloon
and called for drinks, which were fur
nished them by Mr. Lingg. The parties
than retired to a small room opposite the
bar, and commenced playing a game .of
cards. Mr. Lingg went into tlie kitchen,
which adjoins the saloon, and remained
there a short time with his assistant, Mr.
Ben Henges, when the parties again
called for drinks. Mr. Lingg returned to
the saloon to wait upon them, leaving
Mr. Henges in the kitchen. He went be
hind the bar, and had placed glasses up
on the counter, when one of the parties,
addressing Lingg with an oath, said.
“Ypu are the s—n of a b—h that killed
Dcnn.is Shea,” and immediately drawing
a revolver, fired over the counter, the ball
ZEE SUPREME COURT.
Decisions Rendered February 3d,
' 1880—Hon. Hiram Warner, Chief
Justice, Hon. James Jackson and
Logan E. Bleckley Associate Justi
ces.
Bolden and Pollard vs. the State. Riot,
from City Court of Atlanta. -
Jackson, J—Where three are indicted
for riot in unlawfully assaulting, beating
wounding and otherwise maltreating an
other in a violent and tumultuous man
ner, and the evidence is that two of the
three struck and wounded that other by
throwing rocks at and hitting him on the
head, all acting in a violent and tumul
tuous manner:
Held, that the two were properly con
victedofriotunder the indictment; and
though the testimony as to tlie persons
who began the rocking is conflicting, yet
there being enough to uphold tlie verdict,
and the presiding judge affirming it, this
court will not interfere.
Gartrell & Wright, for plaintiffs in er
ror.
Howard Yan Epps, City Solicitor, for
the State.
striking Mr. Lingg in the left side, glanc
ing upon a rib and entering tbe intestines.
The parties then fled. Mr. Lingg stag
gered from behind tbe counter, and was
ibout filling upon the floor when Mr.
Henges, who had been dozing in the
kitchen, but who was aroused by the re
port, rushed into the saloon and caught
him.
Upon examination the wound was pro
nounced mortal. Mr. Lingg was in in
tense pain, aud was as soon as possible
placed under the influence ot morphine,
and evety attention given him.
Mr. Lingg did not know the man who
shot him, but from a description of the
parties, it is expected that they will be
apprehended;
Up to half past two o’clock this morn
ing the parties had not been apprehen
ded.
The Amount of Ammonia in Cotton
Seed—Reply to Dr. W. L. Jones,
In the issue of this paper of the 5tli in
stant was published a communication
from Dr. W. L. Jones, editor of the
our country. On Thursday night last as
Mr. i. II. Elliott was walking in his back
yard the contents of a double barreled
shot gun were discharged at him. The dis
ci ui:ges were almost simultaneous. One
shot struck his pants near the knee, and
auoiher went through the back of his coat.
Tltc remainder of the loads entered a
fence near by, and several of the shot
{buck shot) were extracted next morning.
Immediately after the firing a party ef
citizens examined every double barrel gun
i« tin; place, but did not find any that had
been recently used. So far, the aifitir is
•iinmded In mystery, but every effort will
•ms made to ferrotout tlie perpetrator. Our
people arc justly indignant, as they feel
that the attempted commission of this dark
crjma has cast odium upon their country,
which calls for prompt and swift retribu-
■ i, it is due Mr. Elliot to state that he
<• an !:oncst,hard vorklng citizen, and one
who attends strictly to his own affairs. He
r. .i (i.e sympathy of the people of Ala-
ami will have their hearty co-opera-
Uoil iu seeking to bring the guilty party
injustice. *
. ijuviSiXGJt Southerner and Appeal:
'Deciding to take advantage of the recent
’ ’ 1 '-;*Tl. Judge J. C. Bower killed a
. .i- of Log*, and ilndingthatfour were
ig, proceeded at once" to hunt them
According to the Weekly, an average
of five children per month have been bom
in Conyers during the past year.
Daiuen Timber Gazette: Hon. James
II. Blount, of the Macon district, is one of
the best men in Congress.
TnE Dublin Post fears that Laurens
county hasn’t a very hopeful prospect be
fore it. It says the fanners fed away all
their com waiting for cold weather to kill
their hogs. When they did kill, the
weather fooled them and spoiled their
pork. We shall probably have a bad
erop year, taxes will be high, and crime
ran riot in our midst.
Foist Valley Mirror: On Wednesday
last, Mr. George L. Lilly, of Fort Valley,
was married to Miss Lula McGehee, now
of Tbomasville, but late of tills place.
We wish the happy young couple a long
and prosperous journey through life.
We leam from the Berrien county News
that Parson Jacob Young, of Irwin county,
killed a catamount last week wbicli, it is
believed, bad destroyed over one Hundred
bead of sheep for tlie farmers in that sec
tion. The animal measured over four
feet in length, and was tbe size of an or
dinary cur dog. It had long been a ter
ror to Irwin county sheep owners.
We note with pleasure tlie following
from tlie New York Press: “When col
lected in book form, as they undoubtedly
will be, Mr. Joel Chandler Harris’ graph
ic negro delineations, entitled ‘Uncle Re
mus’Folk-Lore, 5 will be oue of tbe most
popular volumes of humorous dialect
sketches ever issued from the American
press.” The Americus Recorder says aud
we heartily endorse it: “Mr. Harris i3 a
graceful writer, and his subject is most
happily chosen. In the preservation of
these legends he is rescuing from oblivion
tbe ‘Folk-Lore’ of a past memorable to
cveiy Southern heart.”
Dublin Post: On last Tuesday niglit,
while Mr. Richard Odom was in Dublin,
attending court in tlie capacity of a grand
juror, some cowardly villain taking advan
tage of his absence went to li is home, in
the extreme eastern portion of the county,
and burned a house, a stack of fodder and
some fence. Tlie house stood some dis
tance in tlie field from the dwelling and
contained a quantity of oats and all the
plow gear. The party who committed
this crime is a very eligible candidate for
the chain gang, and it is hoped he may be
detected and brought to justice.
Cedabtown Advertiser: There is an
old lady now living in Cedartown, whose
vitality, at her age, is something remark
able. She is seventy-one years old, and
only a few days ago took up her knitting,
started at nine o’clock in tho momin" and
walked to her daughter’s, eight miles in
the country, with whom she took dinner,
and chatting an hour or so, returned
home .in the afternoon and cooked sup
per for four persons. Now, if anybody
knows an old lady who can beat this let
them trot her out.
Babnesvllle Gazette: Captain B.
M. Turner is making a strenuous effort to
organize a joint stock company for the
purpose of establishing telephonic commu
nication between Bamesville and Zebu-
Ion. It is thought that the cost of estab
lishing such communication would be a
much less than that of establishing com
munication by telegraph; for in additinn
to other things, there would be no sal
aries of operators to pay. The postmas
ters at Bamesvillr and Zcbulon could af
ford for a small t ' ary to send and receive
messages. We are very glad that an in
terest is being aroused in this matter. It
should, and doubtless will, meet with fa
vor from the citizens of both places. L ,—. - .
Columbus Times: A gentleman from ' nsing, or applying them together in the
Troup county, who runs a store at Troup drill, I merely stated my opinion that.the
factory, was in New York not a great j former is the better and more efficient
while ago and decided that he would buy process, and I stated my reasons for that
a nice shawl and make his wife a hand- opinion. Dr. Jones may hold a contrary
some present on his return home. He ac-! opinion—though he does not say so—and
cordingly went in at A. T. Stewart & the question would still remain open for
Co.’s and requested the clerk to show him decision resulting from further experf-
something handsome, saying that his wife ment. William M. Browne.
Southern Cultivator, in which he takes
exceptions to a statement ot mine, first,
concerning the amount of nitrogen con
tained in cotton seed; and second, as to
the quantities of potash and phophoric
acid contained in cotton seed.
I am well aware that chemists differ
widely in their analyses of cotton seed.
Tlie amount of nitrogen they contain varies
considerably, according to tbe quality of
tlie seed, tbe nature of tbe soil on which it
is raised and the character of the season,
whether dry or with the usual amount of
rain. Cotton seed grown on good land
with adequate amount of rain during the
growing season contains a much larger per
centage of nitrogen thau seed raised on
poor land daring a dry season. Again, seed
from pickings made in August and Sep
tember are much richer in nitrogen than
seed from the last pickings. To these
well-known facts may be attributed, I sup
pose, the different results arrived at by
different chemists in their analyses of cot
ton seed.
I have not made the statements con
tained in the articles to which Dr. Jones
excepts, without good and sufficient au
thority. I made it on tbe authority of an
agricultural chemist, whose statements,
am sure, Dr. Jones will readily admit, are
entitled to respectful credence, on accoimt
of his universally acknowledged skill and
accuracy. I allude to my distinguished
predecessor, Dr. E. M. Pendleton, who
states the following:
“As an average, we may safely put
down seven per cent, of nitrogen, equal to
a little more than three per cent, of am
monia. Fifteen hundred pounds of seed
cotton will make a good bale of cotton,
leaving one thousand pounds of seed.
For every bale of cotton, then, the plan
ter has seed enough left to make eighty
pounds of ammonia.”
I quote the above from a paper on the
value of cotton seed os a fertilizer, sent
me by Dr. Pendleton, and published by
me in the Southern Farm and Home. 1
do not consider that my “official posi-
sion” is in tho least degree compromised
by accepting as correct the analysis of my
predecessor in that position, and which
lias been allowed to “go unchallenged”
from the time it was published
until Dr. Jones challenged it when
repeated by me. As to tlie sec
ond part of my statements which Dr.
Jones challenges as “calculated also to
convey an erroneous impression,” namely,
tliat cotton seed contains “a small amount
of potash and phosphoric acid,” and that
this amount of phosphoric acid is in- v
creased by tbe addition of a good acid
phosphate, I cannot sco wherein I am ma
king an “erroneous impression.” Accep
ting, as I am perfectly willing to do, Dr.
Jones’ “published analyses, giving twelve
pounds each (potash aud phosphoric acid)
in 1,000 pounds of cotton seed, the addi
tion of 13.75 pounds of available
phosphoric acid in evety 100 pounds
of acid phosphate, must certainly
be admitted to make the com
post more valuable, inasmuch as it is in
disputable that,|for cotton] crops especi
ally, phosphoric acid in a soluble condi
tion is tliat in which our soils are most de
ficient. My mention of the acid phosphate
manufactured by the Georgia Chemical
Works, as containing 13.75 per cent, of
available phosphoric add, which Dr.
Jones is pleased to consider “rather in
vidious,” was made for the simple pur
pose of showing the amount of soluble
phosphoric acia which a good acid phos
phate contained, and further to show that
an article of that high grade Is manufac
tured at home in Georgia.
As to the matter of composting cotton
seed and phosphate some weeks before
Brassel vs. the State. Voluntary man
slaughter, from Claytons -
Jackson, J.—1. Exception to the en
tire charge will not be held good unless
the whole charge be wrong.
2. Where no point is made in the ar
gument before the jury, or insisted upon
or contended before the court that tlie
case might be involuntary manslaughter,
and such grade of homicide is not appar
ent at all from the evidence, tho court
need not charge thereon further than to
read the sections of the code which bear
upon it, unless specially requested to do
3. Where no request is made to charge
in regard to prisoner’s statement, and no
injury seems to have been done defendant
by the omission to charge in regard there
to, the omission will not require a new
trial—especially where tlie evidence abun
dantly sustains, if it does not absolutely
compel, the verdict.
Judgment affirmed.
J. D. Stewart; W. L. Waterson, by
brief, for plaintiff in error.
B. II. Hill, solicitor-general, by brief,
for tbe State.
Dnmasvs. tbe State. Murder, from
Pike.
Jackson, J.—L An indictment for
murder is good though it omits to charge
that tbe deceased was “in the peace of
tbe State,” and that defendant was “of
sound memory and discretion.”
2. Defendant’s statement on a former
trial is admissible against him.
3. A juror who answers all the statuto
ry questions, so as to qualify is prima fa
cie competent, and if the defendant ob
ject afterwards to his competency, he
must try him and prove him incompetent.
4. A brother of one who contributed
money for the arrest of defendant and for
the employment of counsel and aided
thus'the prosecution, may entertain the
jury at niglit by order of tlie court, he
being jailer, and being in tbe habit of do
ing so in all criminal cases; and it ap
pearing by deposition that tlie jury were
under charge of tbe bailiff all the while,
and that the jailer had no communication
with them, and never had taken any part
in the prosecution, the court was right not
to set aside the verdict for this cause.
5. Tlie defendant having made no con
fession of guilt in the case and only ati
admission that ho was present when de
ceased was shot, with protestation of liis
innocence of any participation in the
crime whatever, it was error to charge tlie
jury that “all admissions should be scann
ed with care, and confessions of guilt
should be received with great caution,
confession alone uncorroborated by other
evideuce, will not justify a conviction.”
(5. A new trial will not be granted on
tlie ground that one of the jury was not
impartial, on the deposition of one witness
who swore to tlie statement of tlie juror
against defendant, where the juror denied
on oath making tlie statement, and swore
to his perfect impartiality and freedom
from any bias.
7. Acknowledgments of bis presence
by the defendant without any promise or
hope held out to him by tlie witness are
admissible, though tlie witness received
tbe defendant from a detective who bad
held out the promise to liim that he would
protect him from all danger.
8. There is no error in charging “if af
ter an honest and impartial examination
your minds are wavering, unsettled, un
satisfied, that 13 the doubt of the law, and
you should acquit; if that doubt does not
exist, you should convict.”
Judgment reversed.
F. L. Haralson; J. J. Rogers; W. 5.
Whitaker, for plaintiff in error.
R. N. Ely, Attorney General; F. I)
Dismuke, Solicitor General; J. A. Hunt,
for the State.
is going on. The Archduke is the recog- such a ground. oinm- . .
nlzed friend of Rttssla. j Theslremarks gave rise to a very-spin. OmS of the lnan 3 n ?I ; ? f , theL and
Washington, February 6.—The House ited, and at times verv nersonil eollonnv hrfw M.TfrT* V 1 "* District, testified
- si , resinned the consideration of the bill between Mr. Stephens and General Gor- on Inil!a! *
railroad com- pending in the morning hour, removing ’ don as to the scope and purpose of tlie hi", tron tothe recen t I ts
msfc the com- j tlie political disabilities of John Owens,of dependent movement in Georgia It was r ihnrariv* evi ^® nce ’ mainly’cor-
hy.hiflawbenlvireini^. . aIs P o developed that^SiSns rerentfr
Bacon & Rutherford; C. J. Harris, for
defendant. ~ ~.
Bleckley, J. concurred dubitante.
Warner, G. J., dissenting.
To entitle an employe of a railroad com
pany to .recover damages against 1
pany for an injury sustained by 1
in the set vice of the company, it matt be j Mr. Conger, of Michigan, opposed the
shown thatThe.was without fault, or nog- bill for the reason that the petition at-
ligence on his part, at the time of the in- tempted to smootlie over the late war of
jury, Code 3036. • insurrection by calling it the “war of the
It appears from the evidence of tbe plain- Confederacy.” He said there bail been
tiff himself in this case, “that he was the too much of this attempted qualification
defendant’s engineer, running its train of of treason aud rebellion by calling them
passenger cars, at tbe time Of the injury rose colored names. If the petitioner
complained of; that it was against the rules wanted his political disabilities removed
of tbe company to have anybody on tlie because he bad been in rel ellion a"ainst
Tlie Central Bailroad and Bankin_
Company of Georgia vs. Mitchell. Case^
from Bibb.
Jackson, J.—1. An employe of a rail
road company is not a competent juror
to try a case in which 'tlie company is a
party.
2. The declaration alleging that plain
tiff “in his body was violently and griev
ously braised, mangled and broken, to-
wit: in and upon his bead, arms, legs and
body, and particularly as to the serious
injury and wounding of his internal vital
organs,” such allegation is sufficient to
permit testimony of injury to kidney,
urinary organs, bloody urinal discharges,
and tbe nervous system.
3. A scientific expert may testily in re
spect to the character of cuts, embank
ments, slopes, etc., though liis information
about them is derived much from books.
4. The natural bias of relations, or ser
vants, or employes, is matter for legiti
mate comment by counsel before tbe jury,
whether such witnesses be introduced by
one side or the other.
5. Charges of the court objected to by
parties will be construed in connection
with the entire charge, and if unobjection
able when so construed, will not author
ize a new trial.
6. Though the evidence on the subject
of notice be conflicting, yet the court may
charge on the legal effect of it if the jury
believe that it was given.
7. A railroad company is under obliga
tions to employes to observe a 1 1 ordinary
and reasonable precaution to keep its
road in such condition as to make tlieir
passage reasonably safe, and if it neglect
such ordinary and reasonabio precaution,
aud tbe road become unsafe, and employ
es are thereby injured, then the company
is liable for damage done by such negli
gence, if the injured employe be without
fault.
8. Before an employe can relieve him
self of tlie legal consequences ol violating
any rule of tlie company whatever, no
matter how disconnected it may appear to
be with the disaster which damaged him,
he must show that his violation of the
rule did not contribute at all to that dis
aster. Upon clear proof that it did not
contribute at all thereto, liis.rccovery will
not bo defeated by such harmless viola
tion of the rule. Thus, where the engin
eer is the plaintiff, and he permitted a
brother engineer of the company to ride
upon the engine with him from Boling-
broke to Macon, (the rule prohibiting him
from permitting any person to ride there
on), and the disaster and damage was
caused by the falling of an embankment
near Macon, and it was made to appear
from tbe testimony of both engineers that
everything possible was done to avert tbe
catastrophe, and that the presence of tbe
passenger engineer did uot in the slightest
degree contribute to tlie disaster, but that
the sama was caused solely by the falling
in of the embankment, there covery of tbe
plaintiff will not be defeated by hli suf
fering the other engineer to ride on the
eneine with him.
d. The charge of the fcourt being en
tirely unexceptionable as a whole, and
perfoctly fair to both parties, and the evi
dence being sufficient to sustain thever-
engine, except the fireman and the wood- bis gor eminent, let liim say so and not
passer; that lie took a man on the engine call the rebellion the war of the Confnd-
with him at Bolingbrokc by the name of eracy.
Emmet-son, to go to Macon, and that he Mr. Goode, of Virginia, said no particu-
liad no authority for that.” The court 1 lar form of petition had over been nre-
diarged the iury, amongst other things: scribed heretofore, and he thought it too
“lou may also inquire whether the plain- late in the day, fifteen years after the end
tiff allowed unauthorized persons to ride of the war, to take anew departure like
on tlie engine with him. It yon so find, I this, and make a man write the words
then inquire further, aud ascertain “traitor and rebel” on his own brow with
whether those persons contributed to or his own hand, and get down in the dust
caused the injury. If they did, you would and cry “unclean,” before the great gov-
be authorized to find for the defendant, emment would consider his petition.
If they did not, then you would not be Mr. Conger replied with some acrimo-
authorized to find for the defendant on [ ny, and the House seemed on the point of
that groundv- The fault or -negligence of j drifting into an excited political discus-
the plaintiff must contribute to jror cause I simtwlien Mr. Wood, of New York, ob-
the injury.” That tbe plaintiff was at | jetted to further debate as unwise andun-,
fault when he took Emmersoij on the en- j profitable.
gine, and who was on it at the timeof the | The bill was then passed by a vote of
injury, in violation of the rales of the j 166 to 46.
company, cannot be disputed. The rale { The bill removing the political disabili-
of the company, which forbid its engin- ties of Joseph A. Seawell was passed with-
eer to have anybody on its engine, except j out objection.
the fireman and wood passer, was doubt- Mr. Reed, of Maine, from the Judiciary
less intended for the better security of its J Committee, reported back to the Senate
own property, as well as tbe safety ofthelthe bill for tlie relief of Gibbs & Co.,
passengere being transported on its road, j of Charleston, South Carolina. Passed,
by removing all inducements and temp-1 Tlie House then went into the Commu
tations front the engineer to withdraw liis I tee of the Whole on the private calendar,
entire attention from his strict duty when j but without transacting any important
running its engine and cars upon the rail- j business, the Committee rose and the
road. If other persons were allowed to be | House adjourned until Monday,
on the engine with the engineer -when j Washington, February 6.—The sub-
running its train, talking with him, or I committee of the House Ways and Means
otherwise diverting liis attention from the I Committee will give a hearing on Monday
strict line of Lis duty in watching the I to parties interested in the passage of
track before liim to sec if there were any j Representative Jorgensen’s bill, providing
obstructions on it, it would not only have I for the cancellation of export bonds of to-
a tendency but would be well calculated I bacco manufacturers at ports' of clear-
to contribute to the loss and injnry of tile I ance. The matter is one of great interest
company, and to the injury of passengers j to tobacco manufacturers of the country,
also, and hence tlie adoption of the rule | who have made several attempts during
by the company it may fairly be pro- j tbe past three years to vring the subject
surned. At any rate it was the rale of J before Congress and becure relief,
the company, and a violation of it by its I Liverpool, February 6.—This week’s
engineer was no minor fault, but one J circular of the Liverpool Cotton Broker’s
which it will be readily perceived might J Association, says: Cotton was in good
contribute to tlie serious injury of tlie j demand throughout tlie week and consid-
company, as well as passengers on defen- I erable business was done at advancing
dant’s train. Suppose a passenger on de- I prices. Altbougb the market closes quiet,
fendant’s train had been injured, and bad I quotations are generally raised. There
sued the company for damages, and I was extensive business in American cot-
proved that at the time of tlie Injnry the j ton which advanced 8-16d, but there was
defendant’s engineer and agent had an I less doing Thursday and quotations
unauthorized person on its engine in vio- I closed only |d above those of last Tliurs
lation of its own rales, wliat reply could [ day. Sea Island continues in steady re
the defendant have made to the charge of quest and the market was freely supplied
negligence in running its train? The true J at previous rates. Futures opened with i
law of the case is not whether the fault of hardening tendency. They became strong
tbe employe of the company in viola-land active Tuesday and advanced 3-1 Oil.
ting its rules, must contribute to the I but siuce then have been quiet, and after
injury, but tlie true law of I some fluctuations, tlie final rates show an
tlie case is, tliat tbe fault of the employe I advance of -Jd over those of last Thursday,
in violating tbe rules of tbe company j Richmond, Va., February C.—Messrs,
might have contributed to the injury, I Parnell and Dillon arrived here from
then he cannot recover for the reason tliat I Washington this morning afid were met
he was not without fault on liis part. ] by a committee of prominent Irishmen
The charge of the court was that the fault |
or negligence of the plaintiff must con
tribute to or cause tlie injury. Whereas I
it is quite apparent that the fault of the
and escorted to the Exchange Hotel. This
afternoon they visited tlie capitol and
were accorded the privileges of the floor in
both branches of the General Assembly.
plaintiff in violating the rules of tbe .com-1 In response to a welcome extended by the
pany, as its trusted engineer, might have presiding officers, they made brief ad-
contributed to the injury not only of him- dresses in each House,
self, but to tbo injury of tlio company Nashville, Tenn., February 6.—The
whose einyloye be was, as well as to j Republican State Convention lias been
the injury of tlie passengers on its train. I called for May 5th. A candidate for Gov-
Tlie plaintiff’s undisputed fault, as tlie I einor and delegates to tbe National Cou-
company’s employe, which might have I veiitiou will be selected.
contributed to produce such disastrous re- j Washington, February C The Sen-
suits, will not allow him to recover under j ate Exodus Committee held a protracted
the statute against the company as such
employe, notwithstanding there is no ev
idence in the record that his fault in vio
lating the Miles of the company did con
tribute to bis injury, but lie was nevetthe-
less acting in open violation of the rules
of the company when he was injured, and
thereby exposing tlie company and its
passengers to injury in consequence there
of; that was liis admitted fault, and
therefore lie is not entitled lo recover.
BY TELEGRAPH
session to-day, and examined nine wit
nesses. The most of the evidence was
simply to corroborate tliat previously ta
ken, but some of it was very interesting,
especially the testimony of colored farrn-
eis from various parts of North Carolina,
who before tlie war were either penniless
or slaves, and wlio are now owners of
farms of from two hundred to a thousand
acres.
C. S. Wooten, a fanner living near La-
Grange, attributed the exodus to the mis
representations of an agent named Perry,
who deluded tlie negroes with the idea
that tlieir traveling expenses would be
paid by tlie government. Perry, be be
lieved, received one dollar from the Balti
more and Ohio Railroad Company for ev
ery passenger furnished their road. Woo
ten ridiculed the idea that tlie negroes
were oppressed in North Carolina, and
thought they bad as good an opportunity
to make a living there as laborers have
anywhere.
Janies Buclianan, of Indianapolis, said
that there was no room or demand tor
more laborers in that State. Every win-
Washington, February 0.—Tbe House
Committee of Commerce to-day devoted
auotlier session to the subject of regulat-
iug inter-Slate railroad commerce.
Tlie sub-committee on the Reagan bill
were ready to report it back‘without ma
terial modification, but the sub-committee
on the McLanc bill had not fully com
pleted their consideratiob of that measure.
It was, however, discussed at some
length, in connection with the Reagan
bill and McCord’s proposition, and finally
the whole-subject went over for possible. .
action at the committee’s next regular I supervisors of the poor had to feed
meeting on the 10th inst. ? r ble 110(11011 , m011 who C0(,1(1 net get work.
The House, after transacting some mis- I,, xras ’ a,ul a1 '' a -'" s llai1 been, opposed to
celianeous business, proceeded to the I <lie an(1 . llu believed nine out of
consideration of private bills. ten RepnbUauis in the State were opposed
New York, February 6.—The special ° u - Halfa dozeH Republican leaders,
committee of the Indian Commission, in- j fj^wever, whose names lie gave, had tac-
vestigating the case of ex-Commissioner I, ^ t ^ ie . movement with the
Hoyt, lias completed and made public its I ll0 P e ^ llat tlleir P art y would derive benefit
report, after considerable modification. 1 lrom “•
report says the charges involve seri-, , -• , -
accusations against Agent H. L. Hart oll “fc "’ ho a slave . b L‘ r °i?„t 1,e '\ ar -
and Inspector J. H. Hammond, implicate I testified that he was worth ?-->,000. An-
ing the Commissioners as passively con- I colored man from near Goldsboro,
senting to Hammond’s irregularities, if I Carolina,.said be owns 47o acres of
not actually co-operating with him, with land ’P a, J of which lie rents to white men.
the understanding that Mr. Hoyt and bis U \ 'Y' Arlington, of Nash county, tes.i-
friends were to be benefitted thereby. ? ed ^tat he was a slave before the war,
New York, February 6.—An old man I but now owns 1,000 acres of land,
named Kenneth Albro, wlio came here I Washington, February 6.—At the
Saturday from Texas, where be is said to I Cabinet meeting to-day the sentence of the
have been extensively engaged in cattle j court martial dismissal of Major Reno
raising, was robbed of liis satchel, con- I from tlie service was approved, and tlie
taining $125,000 iu registered United 1 order of dismissal will shortly be Issued.
States bonds, while he was ascending the I The Cabinet also considered the threat-
steps of tbe Sub-Treasury office. He al-1 ened invasion of tbe Indian Territory,
leges that he was accosted by two men, I and it is understood that the President
one of whom dropped his pocket book be-1 wM soon publish a proclamation, warn-
fore him, and his attention being called to ing settlers that attempt to invade the
it, he was pushed down and the satchel Territory will be forcibly resisted,
wrested from hi; band. He has no clue I New York, Febraaty 6.—Considerable
tothe thieves, except an answer to ad- anxiety is felt concerning tbe safety of
vertisements which he caused to be inscr- I the Lighthouse Department supply steam-
ted in the morning papers, offering five I « Fern, which is over due five days. She
thousand dollars for the return of the left Key West on the 26th of January for
bonds. The answer agreed to surrender Suite island, and no tidings have been
them on tbe payment of twenty-five thou-1 beard of her.
sand dollars. Madrid, February 6.—Official dis-
New York, February 6.—Denver patches have been received giving further
specials state that on the morning of the Ue’aijs of the recent hurricane in tlie
third, Major Morrow again caught up j Phillipine Islands. Twenty-five vessels
with Victoria in the Malpais and lava of various classes were wrecked, includ-
beds, on the east side of the San Andreas
Mountains. Victoria held a strong posi
tion on tbe top of a bluff and made a de
termined resistance all day. Toward
evening lie was dislodged aud compelled
to abandon bis position. The darkness
and rough country prevented pursuit that
night. Tlie troops lost one Indian scout
killed and four men of the 9th cavalry
wounded.
New York, February 0.—A Columbia
special says: A colored family of nine
persons, nqmcd Lorick, living four
teen miles above Columbia, were burned
to death Tuesday night, by the cabin
taking fire.
Memphis, February 0.—James A. An
derson, late public administrator, was ar
rested yesterday on an indictment found
by tlie grand jury> charging liim with
fraudulent appropriations of moneys col
lected from tbe estates of minors. An
derson was held in tlie sum of $9,000. It
is generally understood that the defalca
tion amounts to $75,000.
Paris, Febraaty 6.—Several more
deaths have occurred among tlie wounded
in a railway accident, and many others
are expected.
London, Febraaty 0.—A Berlin dis
patch says it is now certain that Count De
St. Vallier will return to Ills post at Ber
lin. The Radical journal. Berliner Zei-
tung, has been confiscated for publishing
a sharp attack upon the government;
This is tlie first instance-for inr.iy years
of a non-social isric paper being stal
ing four French frigates, and a large num
ber of other vessels were damaged. Forty-
six persons were drowned.
llio Janeiro, February 0.—Tlie new
crop of coffee is reported good and abund
ant. Private advices estimate tlie cotton
crop at 4,250,000 bales.
Washington, February C.—The Dem
ocratic members of the Senate committee
on the census held a long private meeting
to-day for the purpose of conferring with
the membereof the Georgia Congressional
delegation in reference to the contested
nomination of Rev. Thomas J. Simmons
as census supervisor for tlie First Georgia
district. Representative Felton, who pro
cured Simmons’ nomination, was not
present, but his side of the controversy
was earnestly supported by Representa
tive Stephens and Senator Hill, while
Senator Gordon and Representative Ham
mond insisted that the nomination ought
to be rejected. The latter gentleman op
posed the confirmation on the ground
that Simmons is illiterate and wholly in
competent to properly discharge tbe du
ties of the office, and by his free use of the
epithet “corrupt secession traitors, etc.,”
he lias made himself a common slanderer
of the great mass of the people of Geor
gia.
Messrs. Hill and Stephens on the other
hand, contended that although Simmons’
orthography is by no means " faultless, lie
is quite competent to supervise the taking
Of the census; that be is recommended by
good people, and that tlie charges of slan
der are not of sufficient gravity to warrant
pressed.
0 A Paris dispatch states that the Budjjet his reJectioB*'-53^^^^™
diet, this court, in accordance with its oft j Committee proposes-a vote of credit jet'i General Gordon pointed out that Sim-
repeated ruling, will not control the pre- { eight million of fraqcs for the constrnytfpn' 1 moris Iff his autograph' letter of applica-
siding judge In the exercise of his disere- of subt erranean telegraph. - j tion to the President for this appointment,
tjonra overulingthe motion for a new) A Berlin dispatch says .from the (kef said he (Simmons) wanted it because fc it
trial based onthe ground that tbe verdict that the, Arch Juke Albreieht is io reife- Would give liim a “victory over corrupt se-
JHBHI .ArcuJuko Albic-icht is lo rej*e-• Would give him & “victory over corrupt; .. _
against the weigftt of the evidence. I sent Austria at ti«« »».••»•/» -Hu); a-vt're'^4 cession traitors.” General Gordo i said no fice,_reported_these assurances to_Lord
developed that Mr. Simmons recently
telegraphed Representative Felton to
cause liis nomination to be withdrawn,
but that Mr. Felton insisted upon iu re
maining before the Senate, and that tlie
struggle in regard to it has now assumed
tlte phase of a contest bet ween the regular
Democratic organization of Georgia and
tbe friends of the independents.
Liverpool, February 6.—The interest
attached to the contest for the leat in Par
liament made vacant by the death of John
Tow, arising from the fact that Lord
Ramsey, the Liberal candidate, bad made
a bid for the Home Rule vote by pledging
his support to au inquiry into the question
of Home Rule, brought out a remarkably
heavy vote. The vote was as follows:
Lord Ramsey, 23,885; Edward Whitley,
Conservative, 26,106. Whitley’s majority,
London, February 6.—In the House of
Commons, William A. Rcdmont, Heme
Rule member, moved, and O’Gordon Ma
hon, Home Rule member from Clare,
seconded an amendment to the address in
reply to tbe Queen’s-speech. •
William Shaw, speaking in suppgrt of
the amendment,, said he had no Wi$i to
condemn the government for what they
were going to do in the future, but fbr
what they had done in the past. If .»
government bad offered to make advance
to Irish farmers in the first instance, at tin
rate of one per cent., they might have
done much to avert the calamity now
upon Ireland.
The government ought also to have
S iven greater power to the board of guar-
iatis. He said tbe gradual process of
starvation bad been going on in Ireland
for some time. He did not wish tlie gov
ernment to lavish too much money on
public works, because tlie people were de
moralized by tbe manner in which money
liad been wasted in 1842. He acknowl
edged that the problem to be solved was
a difficult one, but tlie difficulty was not
insuperable.
St. Louis, February 6.—A dispatch
from Dallas, Texas, says reliable advices
have been received there to the effect that
Jay Gould and Tom Scott, representing
tbe Texas and Pacific and Missouri, Kan
sas and Tei as railroads, have purchased
all outstanding bonds and securities of the
Dallas and Wichita railroad, which will
be exteuded so as to connect with Denni
son and the Pacific extension of the Mis
souri, Kansas and Texas railroad, thus
making Dallas tlie terminus of the latter
road, and establishing a competing liue
with the Texas Central railroad.
Charleston, February 0.—The third
day of the South Carolina Jockey Club
meeting, weather good, attendance excel
lent and track heavy. In the first race,
one and a half mile dash, Vagrant won,
beating Ben Hill by two lengths. After
beautiful contest; time, 2:48.
In the second race, mile heats, Bound
Dance and Gabriel, were entered. Pools
sold at fifty to thirty in favor of tbe lat
ter. First heat was a dead one. Time,
1:48*. Round Dance won the second aud
third heats, in 1:50 and 1:54.
Tlie third was a selling race of three-
fourth mile dash, with five entries. Much
excitement was displayed. Whitehall
was slightly favorite, with Lucky Hit and
Hawk Nest in pools. Lucky Hit won by
three-fourths of a length, with Whitehall
second, Hawk Nest third. Time, 1:20£,
Tlie winner was sold for $500.
London, January 6.—The Times of
this morning says the following telegram
lias been received from General Roberts at
Cabul: “Before November 12, 1879, sev
enty-three men were executed—viz: a
magistrate and six others, convicted of dis
honoring tlie bodies of tbe officers of the
British embassy, seventeen convicted at
tacking escorts of the embassy and having
properly of the embassy in their posses
sion, and forty-nine convicted of tlie mur
der of camp followers and of implication
in the attack on tbe British residency.
Since November 12, nine have been exe
cuted for attacking the residency, and fif
teen more sentenced to death lor killing
wounded soldiers and participating in the
attack on tbe residency.” The Times
says: “We understand that tbe report, to
gether with the names of all tbe persons
executed and the charges against them, is
now on its way to England.'”
New York, February C.—Serious
strikes are rejiorted from the iron ore
mines along the East Pennsylvania rail
road, east of Reading. Tbe strikers are
intimidating tlie miners who remain at
work, with threats of violence, and trou
ble is anticipated.
London, February 7.—The blue book
on tho Afghan afUiirs, has been issued.
General Roberts reports that lie had a con
versation with Yakoob Khan in October,
1S79, in which the latter stated that tlie
British Mission under Sir Neville Cham
berlain A-as turned back by tbe advice of
tlie Russian envoy at Cabul, M. Stalci-
toff, aud when Shcre Ali quieted Afghan
istan in December, 1878, lie issued a fir
man to the authorities of Herat, declaring
that M. Stalcitoff had written to him as
follows: “The Emperor’s desire is that
you should not admit tbe English into
your country, and like last year, you are
to treat them with deceit until the cold
season has passed away; then Almighty's
will will be made manifest to you. That
is to say, the Russian Government will
Pitkin and others, and indicated that th?
relations between the whites and Indian,
was anything but conducive to barmonv
anil mutual 'confidence. ■ J
The select Committee of the House on
the blup Canal hehlra meeting to-day. and
was addressed at some le’igtb on the sub
ject of our treaty relations as effecting the
projecting ship canal, by Earnest Dich.
man. Tinned States Minister to the Uni-
ted States of Columbia. He appeared be
fore the Committee, and explained the
Wyse contract upon which tbe De Lessens
project is based.
Admiral Ammea aiso appeared before
the Committee, and rehearsed the features
of the route, which lie illustrated ly
charts and drawings, and advocated as in
the main superior to the claims of auy
other route yet proposed.
Washington, Februaiy 7.—The House
Committee on Pensions at their meeting
to-day agreed to report favorably
t le House resolution of Representative
Vance that the act of March 9th, 1878, be
so. construed as to include all classes of
soldiers and tlieir wiqows who served
in the'mititary or naral service of the
L rated States during khe war of 1812,
notwithstanding a portion of tbe lime may
have occurred before the declaration of
war or after the proclamation of the
treaty of peace with Great Eritain.
Atlanta, February 7.—Tbe Supreme
Court of Georgia to-day refused to grant a
new trial to Cox who was sentenced to
imprisonment for life for the murder of
Colonel Alston. The case will be carried
to the Supreme Court of the United
States.
Atlanta, February 7-—Wliile Mrs.
Pinson, an elderly lady, was sitting near
an open grate yesterday, lier clothing
caught and she received injuries from tbe
effect of which she died this morning.
St. John’s, N. B., February 7 Dur
ing a squall Sunday afternoon last, a
schooner was capsized at Cheneys, and
John Nesbit, Frank Robinson, John La-
ny, Mrs. Lindsay and Mi-s. Simon Frank
lin were drowned. All belonged to Grand
Manan.
New York, February 7.—A sharp and
bitter contest between ex-Police Commis
sioner Nichols and, Mayor Cooper, which
had been bitterly fought since the ousting
of the CommissionerTh-oro tlie Police De
partment, finally resulted to-day in a
complete victory for Nichols. ' Judge
Lawrence lias just given his decision.
The matter came before tbe court on a
writ of certiorari, to review the action of
Mayor Cooper in removing Nichols.
Washington, February 7.—All the
Georgia members of Congress have be
come" involved in-tbe,contest over the con
firmation of Smnnor.s as cen.us supervi
sor. To-day tlie Democratic members
from Georgia, who arc opposed to Sim
mons’ confirmation, held a conference and
agreed to use all their influence in sus
taining Senator Gordon. A paper protes
ting camesly against the continuation of
Simmons was signed, and will lie submit
ted to the Senate committee on the census,
and if necessary be used when the case
comes before the Senate in executive ses
sion, for action. Tlie protest was signed
by Senator Gordon ana Representatives
Nicholls, Smith, Cook, Peisons, Ham
mond and Blount. Senator Hill and Rep
resentatives Stephens and Felton are sup
porting Simmons, and it seems Represen
tative Speer has uot yet joined either side
of the controversy. In the decision before
tlie committee yesterday, Senator Hill
stated ti:at Representative Nicholls fa
vored tbe confirmation.
Senator Gordon denied this, and re
marked that he wanted more than the
word of his colleague to satisfy him that
it was true. A rough passage took place
between Senator Gordon and Mr. Ste
phens, too. Tbe latter said iie iiad heard
that the former was seeking to reject Sim
mons because lie wanted ex-Marshal
Smythe appointed Supervisor. General
Jordon peremptorily demanded to know
who bad told tins. Mr. Stephens decline'?
to give his authority, and General Gonlon
said: “I pronounce ir an infamous, in
fernal falsehood, from whomsoever it
may come.”
London, February 7.—Baron .Joinini
told Lord Duffcriti that the expedition
would stop 200 versts short of Merve, but,
he added, “we do not intend to goto
Metre or 'do anything which will be in
terpreted as a menace to England. You
must not deceive yourself, for tlie result
of our present proeeedixgs will bo to fur
nish us with a base of operations against
England hereafter, should the British
Government, by the occupation of Herat,
threaten our present position in Central
Asia.
On the 13th of August tbe Emperor as
sured Lord Dufferin that there was no in
tention of the Russian troops to advance
on Merve, but on August 5th, M. De
Giers, commenting on the terms in which
Hon. Edward Stanliopc, British under
secretary of State for India, conveyed
Russia’s assurances on this subject to tlie
House of Commons, said that he consid
ered that Mr. Stanhope’s language went
too far, and that although tlie advance on
Merve formed no part of tlie programme,
Russia did not intend by a solemn pledge
given for all time to preclude herself
from ever going to Merve. Nevertheless,
Lord Dufferin might rest satisfied that
ay, Hie ivussiau uoverni icm wm Merve wa3 5n no sense tfce ol ,j ect of Gen .
come to your assistance either by diplo- ; , r „„„m s pvreiiition
malic actions,or otherwise. We will en- wLrnNGTON^Febraa'ry 7—Tbe Star
tirely cut off all English communications
and interference with Afghanistan, or
events will end in a mighty and impor
tant war.”
London, February 7.—A Berlin dis
patch says theUItramontanes in the Bava
rian Chambers have resolved to appeal to
the King, imploring liim not to consent to
the augmentation of the army.
A Paris dispatch states that tbe GaidoVs
positively asserts that twenty-two dead
and one hundred and sixteen wounded, is
the sum total of casualties uf the recent
railway accident.
Liverpool, February 7.—The Court
of Inquiry on the Borussia disaster has
exonerated the owners, captain and offi
cers of the vessel, but is not prepared to
say whether tbe vessel was perfectly sea
worthy.
New York, February 7.—The Herald
revived the stories of the detectives hav
ing obtained the clue to the missing Char
lie Ross. It says: “ Two or three of the
most astute detectives on the force have
been daily in consultation with Captain
Walling, under whose direction they are
working. For a time their secret was well
kept and tlieir movements remained unex
plained, but at last a reporter beard
euougb to satisfy himself that the super
intendent and bis picked men bad at last
obtained a clue which they expected would
lead to the recovery of Charlie Ross, and
tlie arrest of several persons who are con
cerned in his abduction. It says a bulky
letter will be received this morning by
Mr. C. K. Ross, father of the missing boy;
that the clue now being worked is four
years old and implicates parties belonging
to a gang in which the burglars Mosher
and Douglass operated.
New "Orleans, February 7.—The
Picayune applauds the munificence of
the New York Herald, in contributing
for the relief of the famine stricken Irish,
and lias opened a subscription, heading
the list with a liberal contribution. All
collections will be forwarded lo the Her
ald fox distribution.
Louisville, Ky., February 7.—A fire
in the Dupaw Glass Works last night de
stroyed tbe pot-house, box factory, grind
ing bouse and storehouse. The loss is
from thirty-five to fifty thousand dollars;
insurance, ten thousand dollars. The fire
is believed to have been incendiary.
London, February 7.—The Blue Book
respecting the affairs in Central Asia ha3
been issued. It showed that, on tbe 9th
of July^l879, Lord Salisbury, Minister ot
Forehn Affairs, asked Count Schouvalo..;
then Russian Ambassador to Engb"<!,
whether there was any truth in the re
ports that the expedition from the Caspian
intended to occupy Merve. The Ambas
sador said that tbe expedition was direc
ted against Tekke, and that he entirely
disbelieved tbe existence among any sec
tion of Russian statesmen of an idea to
make an advance on Merve. On tlieJIOth
of July last, M. Degiol of the Foreign Of-
Judgment affirmed. | ry
A. R. Lawton; Lyon & Gresham, for the German
plaintiff in error. proehemmt
Czar’s iicc-<■'<"! to-? 1 !” ii'raR enlightened Republican audience in the j Dufferin, British Ambassador to Russia,
ian iiicos eOmnuue. .tnK.1. a fit*- .North would favor tlie appointment of one | in tlie most positive manner.
■nthet. i.o based his application for office upon Washington, February 7.—Henry C.!
states this evening that it lias been deci
ded to remove Thomas M. Blodgett, Col
lector of Customs at St. Marys, Georgia.
It says: “It appears that he has withheld
about a thousand dollars that should have
been forwarded to the Treasury, and up
on investigation it has been found, it is
stated, that he gambled the money away
A long petition has been presented to
Secretary Sherman, asking for the re-ap
pointment of Mr. Sheppard, who was suc
ceeded by Blodgett.
The Gazette will to-morrow state that
Governor Jarvis, who has been in Wash
ington, has determined to call an extra
session of the Legislature of North Caroli
na, to meet March 10th, to consider cer
tain propositions submitted to that Com
monwealth in reference to the purchase of
the State’s Interest in tbe Western North
Carolina Railroad.
London, February 7.—A dispatch from
Paris to tbe Times says M. Jules Casot,
Minister of Justice, in an interview with
a committee on the subject of the amnes
ty bill, stated tliat tbn government objec
ted to it as re-opening the question settled
last year by the enactment of a partial
amnesty law. They reserve to themselves
the right of individual pardons, however,
ami would furnish a copy of depositions
against them to any person
condemned by default, who might
apply for it, though such a favors contrary’
usage. The number of persons still ex
cluded from clemency is 890; namely,
543 who were condemned in persons, and
263 by default,including M. Rochefort and
others. M. Paul de Cassagnac has writ
ten a letter to M. Gambetta, President of
the Chamber of Deputies, thanking him
for the justice rendered his father by M.
Gambetta in tlie Chamber, while an
nouncing his death.
Cincinnati, Fibraary 7.—It now ap
pears that clauses in the law providing
for the last issues of bonds for the Cincin
nati Southern Railroad prevent the con
tractors from turning it over to the trus
tees until fully completed. The trustees
will ask relief of the Legislature to allow
them to receive the road.
Des Moines, Iowa, February 7 —The
House of Representatives this morning,
by a vote of fifty-seven to thirty-one,
adopted a resolution for submitting the
constitutional amendment to the people,
malting women eligible to the Legislature.
New Orleans, February 7.—Captain
Coleman, of the steamship General Whit-
uey, reports that on Thursday, when forty
miles off St. John’s Light, Florida, he
passed a foreign hark and an American
schooner, both water logged and aban
doned in the track of steamers bouud
down the coast. He could not ascertain
the names of the vessels.
An incendiary fire occurred last night in
the cargo of the ship Charles, loaded with
cotton. The fire was soon extinguished
with a small loss. An investigation has
been ordered.
—Attention is called to the advertise
ment of boarders wanted iu another col-