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CL13DY, JOKES A REESE, Pbofktetobs. The Family Jousnal.—N*ws—Politics—Litib/lT3si—A«biovit6bi—Dosisti: GEORGIA TELEGRAPH BUILDING • Established 1826. MACON, TUESDAY. FEBRUARY 17, 1880. Volume LY—NO 7 BY TELEGRAPH New York, February 8.—The Super intendent of Police say positively thene is no truth in the rumor that a clue has been discovered in the Charlie Ross case. M.vucu Chunk, Pa.., Febuary S—Par nell ami Dillon arrived here to-day, and addressed a large and enthusiastic meet ing to-night. Troy, February 8.—Ex-Mayor Francis X. Mann, Sr., died here this morning. * The Catholic Churches here to-day con tributed $3,244 to the relief of the distress in Ireland. Utica, X. Y., February 8.—Collections in churches for people of Ireland amoun ted to $1,000. Lowell, Massachusetts, February 8.—The Irish Land League formed a permanent organization here this after noon. A committee of ten were appoin ted to arrange with the Mayor to hold an early public meeting for the purpose af raising money for the distressed iu Ire laud. Knoxville, Texx., February 8.—On Friday night three burglars entered the bank here and bound the president, E. C. Rankle, who sleeps in the building, and after gagging, beating and bruising bis feet iu a shocking manner to compel him to give up the combination, departed, tak ing $3,200 which bad not been locked np. There was a time lock on the safe, and Mr. Rankle was uiiableto give the combi nation. Great excitement prevails. There is no clue to the robbers. New York, February 9.—The steam ship Niagara arrived from Havana yester day and reports that on the sixth, she fell iu'with the German bark Christopher Co lumbus in a sinking condition. The Cap tain and crew were taken off with diffi culty, a high sea running, and after on* of the life boats had been stove to pieces. The Christopher Columbus was bound from Doboy for Marseilles and encountered a heavy gale on the second day out, during which she sprung a leak. New York, February 9.—A Green- Long Island, special says that the yacht Coming, of the Atlantic Yacht Club, supposed to have foundered in the Sound in the gale of Monday night, is reported moored off Peconic Cove. The . Milclieu Case saw the yacht drifting off the shore and brought it in. The cap tain's watch was found on the floor of the cabin stopped at 1:20. The brig Guisborough that afterwards stranded on Eaton’s Keck, while being towed here by the tug Alert, together with the Coining, had her hawsers parted in the night, and neither of them could be found in the morning. All hands are believed to have perished. Three persons were on the yacht and five on the brig. London, February 9.—A Candahar dispatch says reports have been received of a second and more bloody struggle be tween the rival parties at Herat. The local troops attacked Cabul’s troops sta tioned there and inflicted a heavy loss be fore Cabul’s could bring their artillery to bear on tlieir assailants. When this was done the llerats were defeated with great slaughter. A Paris dispatch states there is serious probability of Admiral Janquibbery re signing from the ministry of the marine in consequence of the budget committee’s de cision to postpone the vote of 800,000 francs for colonial defenses until the proper data forthcoming. It is said M. Lepere, minister of the interior, will also resign. New Castle, February 9.—The match race between the scullers William Elliott, of Blythe, and Robert W. Boyd, of Mid- dleborougli, for two hundred pounds a side, came off’ here to-day over the Tyne Championship course, and was won easily liy the latter lburTengtlisfahead of Elliott. Betting before the race, was five to four on Boyd. , Dublin, February 9. — The theatre Royal is burning. It is feared it will be completely destroyed. London, February 9.—Very Rev. Hen ry llamilson, dean of Salisbury, is dead. New York, February 9.—A special from Los Vegas, New Mexico, states that the cow boys, Jimmie West, John Dorsey and Tom Henry, implicated in the shoot ing of city marshal Carson at a dance two weeks ago, were taken from their cells by a mob of seventy-five men who hanged We t and riddled the others with bullets. Washington, February 9.—-In the Sen ate the Vice-President laid before the Sen ate the resolutions of the Louisiana Leg islature declaring that William Pitt Kel logg was not legally elected Senator from that State, and that Henry M. Spofford was legally so elected, protesting against injustice done the people of Louisiana by the recognition of Kellogg as Senator and requesting that Spoffortl be admitted to the seat now occupied by Kellogg. Prin ted and referred to tlie Committee on Privileges and Elections. ' Washington, February 9.—The House, under tlie call of the States, referred tlie following bills: . liy Mr. Rice of Massachusetts, to estab lish a board of commission on inter-State commerce; by Mr. Ketchnm of Kew York, to quiet titles to land patented by the United States; b; Mr. Kelly of Pennsyl vania, providing that the term of of fice of chief supervisor of elections be for two years; also for the issue of additional con{H>ns to holders of redeemable United States bonds; by Mr. Ward of Pennsylva nia, authorizing the Secretary of the Navy to designate a United States'vessel to carry contributions to Ireland free of charge. By Mr. Vance, of Korth Carolina, amending the statues concerning the de facement of United States coins. By Mr. Kitchen, of Kew Jereey, to re move the duty on iron and steel. By Mr. Speer, of Georgia, to prevent general legislation on appropriation bills. It provides that after the passage of this act, there shall be no clause in any appro priation hill changing the existing law,ex cept provisions reducing the amount of expenditures already provided for by law. The President sent the following nomi nations to the Senate: Edmund E. White, Virginia, to be United States. Consul at Ponce, Porto Rico; Charles E. Dailey, Vitginia, Receiver of moneys at Florence, Arizona; Assistant Paymaster, Reali Fro- zer, of tlie United States navy, to be passed Assistant Paymaster, Washington, February 9.—After the presentation of anumber of petitions, Mr. Thurman, from tlie Judiciary Committee, reported a joint resolution authorizing the President to veto parts of appropriation hills. Placed on the calendar. Mr. Logan, from the Committe one military affairs, presented the minority re port on the bill for the relief of Fitz John Potter. Laid on the table. The hill to revive and continue the court of commissioners of the Alabama claims, was then taken np. Mr. Davis, of Illinois, made a long speech in favor of the distribution of thet part of the Geneva award which remains in the possession of our government, and insisted that the un derwriters who paid insurance on cap tured and destroyed vessels are as much entitled, to reimbursement as the owners of the vessels not insured. Mr. Edmunds and Mr. Blaine expressed the hope that tlie Senate would examine the subject very carefully befere reversing .he former action of Congress in exdud insurers’ claims, Messrs. Thurman The debate to-day was only preliminary. All the Senators who spoke announced to speak again at length when the bill should come np again for final action. After a short executive session the Sen ate adjourned. In the House, bills were introduced as follows: '* By Mr Young, of Ohio—To create _ department of manufacturers, mechanics and mines. By Mr. Evans, of South Carolina—Ap propriating $20,000 for a bronze statue of General David Morgan, to be presented to the State of South Carolina and erected in anticipation of the celebration of the battle of Cowpens at Spartanburg. By Mr. Hammond, of Georgia—For the relief of the State of Gootgia. By Mr. Thompson, of Kentucky—To appropriate certain unclaimed bounty money to the education of the colored youth. By Mr. Sapp, of Iowa—To transfer to the States title to all ^islands, beds )of un- navigable lakes, etc., which were mean dered at the time of the public land sur veys. By Mr. Gibson, of Louisiana—Allowing the use of the Batou Rouge arsena l grounds to the^Lonisiana University. By Mr. Ellis, of Louisiana, to regulate the mode of purchasing tobacco forthe use of the army. By Mr. Buckner, of Missouri, to reduce the import duty on paper. By Mr. Dunn, of Arkansas, from the committee on public lands, moved to sus pend the rules and pass a bill for the ac quirement of titles to lots in the Hot Springs reservation, Arkansas. Owing to numerous objections, the motion was mod ified so as to provide only for the consid eration of the bill, and was then agreed to. Mr. Dunn, of Arkansas, gave the his tory of the whole subject, and advocated tlie passage of the bill. The Senate in executive session to-day, confirmed the nominations of the follow ing: Postmasters, William B. ‘Green, Huntsville, Alabama; Miss Lee H. Ran dolph, Oxford, Mississippi; R. W. Fitz- hugli; Natchez, Mississippi. Washington, February 9.—Before the Senate Exodus Committee to-day, L. H. Lowry, colored Republican, formerly commissoner of Lanocir couhty, Korth Carolina,, testified that the sole cause of the exodus from that county was the agi tation originated by the man Perry, who told the negroes they would get transpor tation to Indiana and employment there at one dollar to one dollar aud fifty cents per day. There was no ill treatment of negroes by whites in Korth Carolina. Farm laborers there get from eight to ten dollars per month with cabins, firewood and subsistance thrown in. Skilled labor ers like blacksmiths and carpenters get from oue to two dollars per day. Negroes and white meclianics work together. He had by his labor acquired several houses since the war. Some of his tenants being white. He thought Perry’s object in in citing the exodus was purely-mercenary. L. H. Fisher, formerly a slave, now dis trict school commissioner and owner of a farm and city lots at Minston, Korth Car olina, corroborated others statements as to the good material and political condi tion of the Korth Carolina negroes. Washington, February 9.—In the Senate executive session to-day the Cen sus Committee reported back another in stallment of supervisors nominations, in cluding a number from Southern States, adversely. The case of Simmons of Georgia, has not yet been reported. Dublin, February 9.3:30 p. m.—The Theatre Royal is completely destroyed. The fire is still burning,and buildings ad joining are threatened with destruction. A niblic Inspector and one woman were in ured. The military are keeping order- and-assisting the fire department. Washington, February 9.—The bill Introduced by Mr. Ellis, of Louisiana, in the House to-day to regulate purchases of tobacco for tlie army, provides that all tobicco for the use of tlie army shall be purchased in Washington; that the Secre tary of War shall advertise for thirty days iu a daily newspaper in Kew York, Bal timore, Richmond, Lynchburg, Pittsburgh, j St. Louis, Louisville and Chicago forbids for tobacco, to be accompanied by sam ples of the; quality and kind proposed to ie f imishetl; that two experts, selected by the Secretary and the Commissary General, shall decide upon the bids to be accepted; and all tobacco so accepted must be manufactured daring the months of June, July, August and SeDtember. Richmond; February 9.—Considerable excitement was created at the capitol to day. during tlie session of tlie general as sembly, by a personal encounter in tlie rotunda between C. IV. Archer, one of the reporters of the Richmond State, and James A. Frazier, a memberof the House of Delegates from Rockbridge county. The difficulty grew out of a letter written by Frazier to the Rockbridge Enterprise, charging the Richmond State with gross misrepresentations of the proceedings of the House. Mr. Chamberlain, delegate from Rich mond, one of the proprietors of the State, called attention to Mr. Frazier’s letter and denounced it as false, malicious and slanderous. Mr. Frazer in reply disclaimed any in tention of reflecting upon Captain Cham berlain, and said he referred to the re porter of the Slate. There the contro versy ended. Subsequently Mr. Archer, reporter of the State, called Mr. Frazer out into the rotunda and after some words, struck him, when a fight ensued. Members of both Houses made a rush for the scene. Business was suspended and great disorder prevailed. A squad of po lice was sent for and all the parties to the fracas were finally arrested and bailed to appear before the police court to-morrow. Washington, February 9.—Tlie De partment of Stale will be prepared on and after February 11th, to distribute tlie fourth instalment of the award made in favor of American citizens by tlie Mexi can Claims Commission. The sub-committee of the House Judi ciary Committee to-day heard tlie argu ments of several gentlemen favoring tlie enactment of a new bankrupt law, and authorized Mr. Stlbson, representing the Boston Mercantile Association, to prepare a bill embodying the recommendation of that body, which appear to meet the ap probation of the Committee. The bill introduced in the House to-day by Representative nammond for the re lief of the State of Georgia, directs the Secretary of the Treasury to pay the State of Georgia the proceeds of all cotton taken from the possession of agents of the United States. Tlie House Committee on War claims to-day decided to report adversely on Hurbridge & Co.’s claim of $40,0000, for sugar, molasses and rum se questered by General Butler at Kew Orleans. „ _ Kew Yobk, February 9.—Rev. Ed ward Cowley, late superintendent of the “Shepherd’s Fold,” was placed on trial to-day in the Court of Gen-sal Sessions on one of the twenty-five Indictments found against him by the grand jury for starving, illtreating and abusing children placed under liis care. The greater part of the forenoon was taken up., unng a ^London, February 9.—A dispatch to the Times fromDbu lin says the past week added but little to the evidences of the ex treme distress. While it has largely aug mented the resources of tlie relief com- lieard'a month or two ago. There are still deplorable accounts from some dis tricts, but there is generally a m ne hope ful spirit amo ig the people. The extent to which the landowners had availed themselves of the opportune ty of obtaining loans upon easy terms is sufficient proof that the supposed barrier of red tape has not been thought insur mountable. During the last • week the number of new applications hap reached 200 and the amount supplied £111,000, which, added to the previous amount of £263,000, makes an aggregate of £376,000 since Kovember 22. London, February 9—Tlie attacks made by Charles S. Parnell in bis Amer ican speech upon the Irish relief commis sions Other than his own, are condemned even by his most ardent admirers. The Irishman strongly disapproves the language used by Mr. Parnell with re gard to the Mansion House fund. Kew York, February 9.—The follow ing relative to General Grant’s position will appear editorially in to-morrow’s Times: “A near personal and . political friend of ex-President Grant authorizes the following as a correct statement of the General’s position with reference to the presidency: He says General Grant is not now nor lias he ever been a candidate for the pres idential nomination, but should the Re publican national convention nominate him in the same manner as any other candidate would be nominated, he would deem it Ills duty to the country and party to accept. Traveling abroad, he was a stranger to the contest now going on for the Presidency, and has written no let ters on the subject to any person, and as sertions to the contrary are without foun dation.” Few are aware of the importance of checking a Cough or common Cold in its first stage. That which in the beginning would yield to a mild remedy, if neglect ed, soon preys upon the Lungs. Dr. Bull’s Cough Syrup affords instant relief. THE COX-ALSTON CASE. The Supreme Court Renders a Decis ion iu the Case of Ed. Cox, Convict ed of Murder, and Sustains Judge Hillyer’s Rulings on Every Point Disputed, Etc. Cox vs The State. Murder, from Fulton. Bleckley, J. 1. Upon a showing for a continuance of an indictment for mur der, one mouth and a half after the occur rence of the homicide, (the prisoner hav ing been painfully wounded by the de ceased in the rencontre) whether the ex cited state of the public mind is such as to prevent a fair and impartial trial, and also whether tlie prisoner’s condition phy sically and mentally lias been such as to fit him forcommunicatingsufficiently with liis counsel and otherwise preparing for his defense, and whether it is such as to ena ble him to undergo, with needful strength, composure and vigilance, a trial for his life, are questions addressed to the sound discretion of the presiding judge; and mere strictness in the exercise of the dis cretion and iu overruling the showing, not amounting to abuse, will furnish no ground for a reviewing court to interfere. 2. Jury commissioners, in fact acting as such and recognized by an order of court filling a vacancy in tlie board, though not naming its members, and also recognized by adopting in practice the list which they have prepared and filled are commission ers de facto, if not tie jure; and that no or der of tlieir appointment appears in the minutes, will not, on a trial for felony, be cause of challenge to the array put upon: the prisoner. Nor is it Jcause for such; challenge, that in selecting tales jurors, jj th2 sheriff consulted the list and took names therefrom in the alphabetical order in which they stand on the list, confining tlie selection first to names all beginning with one and the same letter. There is no statute putting on the sheriff any re striction as to what he shall take for a guide in fixing upon the particular persons whom he will summons as tales jurors, so. that tliey .be qualified to serve. 3. When a juror, after answering the prescribed statutory questions so as to ap pear primafacie competent, is put upon tlie presiding judge for further trial of his competency, the judge may decline to al low any other questions to be propounded to the juror, and may confine tlie investi gation to evidence aliunde and its effects. 4. Though a witness may know that there was some indistinctness in his hear ing as to the words or tlie sense of a par ticular statement, he may testify to its sub-, stance as he understood it, and his doubt as to whether he heard correctly will only detract from the force and value of his tes timony, not render it incompetent as in ferential rather than immediate and di rect. i 5. Stenographic notes of testimony taken down at the coroner’s inquest, and after wards written out in ordinary character, may upon due proof that the writing is a correct minute of what the witness testi fied, he read to show contradictions be tween that testimony and the testimony detailed by the witness from the stand, he being first examined on the alleged dis crepancies; and liis attention called to the same. An objection to the introduction of the paper, or to the reading of its contents, on the ground that “it was not sufficiently shown that the said (witness) had sworn before tbe coroner as appeared from this written report of his evidence, and that he could not he impeached by such written report of his evidence,” will not raise the question whether only cer tain parts of the contents,' and not tlie whole, should have been submitted to the jury. 0. Where two persons consent to fight with deadly weapons, and by agreement separate to arm themselves, both intending to return presently and begin tlie combat, and they do in fact arm themselves and meet, though nof at tbe place appointed, bnt near it in the same city and on the same street, and only a little later than the time contemplated, and actually fight with the weapons thus prepared, and ono of them Is slain by the other, the res gestee of the transaction comprehend all perti nent acts and declarations of the parties (either or both) which take place In the interval between tlie agreement to fight and the consummation of the homicide, such interval being very brief. 7. Acts arc pertinent as a part of the res gestee if they are done pending the hostile enterprise, and if they bear upon it, are performed whilst It is in continuous pro gress to its catastrophe, and are of a na ture to promote or obstruct, advance or re tard it, or to evince essential motive or purpose iu reference to it; and declara tions are pertinent if they are uttered con temporaneously with pertinent acts and sen e to account for, qualify or explain them, and are apparently natural and spontaneous. 8. Generally, when part of a conversa tion has been introduced in evidence, the rest of it may be brought out by the oppo site party on cross examination of the wit ness. The prisoner having proved that tlie deceased applied for the loan of a pis tol, about twenty minutes before he was killed, together with a part of what he said at the time, the balance of what he said at the the same time and place and in the same conversation was within the rule, and if not admissible on tlie princi- mittees and provisions of the government | pie of res gestae, was admissible as the tor meetinc the crisis, a beneficial effect remnant of a conversation opened up in lor meeting i ‘ ti, a .lirort examination of tlie witness. am. G ,rw n.«d. 31ajjj»• tfa’asSKrS “5fSSSS3£?SSSta 22 UlCiaj'Sl ^ ' press and’ tlie cessation af a cry of alanu'made trite tetflltte were pending, and within twenty minutes of the fatal collision, were so much in the natnre of narrative, or mere recital as to be of doubtful admissibility, or even inad missible on the principle of res gestee, yet, where the same declarations in substance have been put in evidence as a part^f a conversation into which the prisoner en tered during tlie direct examination of hi* own witness, (the balance of-sucU con versation coming out' on the cross exami nation), and where the prisoner has him self proved substantially the same decla rations on tbe part of the deceased by an other of liis witnesses, or tbe State, with out objection so far as applars, has proved them by one of its witnesses, the subse quent admission of evidence to the same effect from another witness In bebalf of the State is not necessarily cause for new trial. If the jury already have be fore them doubtful or objectionable mat ter, and there is no motion to withdraw it, the repetition of it by another witness, though objected to, may be treated as not sufficiently material to "require a new trial. "• 10. When the evidence indicates that the homicide was the sequel to a concerted and pre-arranged scheme on "the jpart of both combatants’to arm arid ineet for mortal combat, tbe court may, as a start ing point for further instructions, charge tbe juty as to the legal consequences of such a combat resulting in death, though tlie evidence show that after the arming, one of the parties ceased to intend and the other ceased to expect, a meeting at tlie place appointed, and though no meet ing occurred at that place, and the scene of the rencounter was, without any ex press concert, shifted to another place in the same neighborhood, t 11. In relation to whether there was not a consent of both wills, or a - mental concurrence between the parties, in meet- ing where and when they did, though it was a little later than they had contem plated and at a different place from that expressly agreed on, and consequently whether the actual collision was not in its nature the same as that which had been prearranged, with no change except in tlie scene and the precise time of * the combat, the evidence admitted of tiro constructions; and "for this reason also, such a cliaigc as that mentioned in the next preceding note was not inapplicable to the case. Where two views are fairly possible to be taken of the evidence, one that notwitlistanding variations in time and place from the original scheme, and notwitlistanding an apparent abandon ment of tbe scheme itself for a short inter val, there was finally a return to it and an execution of it in its main elements; and the other, that the meeting, at the time it took place, was designed by one of the parties only, and the other did not desire or intend it, it is allowable to submit to the jury the law of each of these states of fact. ,* 12. Tlie charge of the court, like all other deliverances in human language, is to be .construed together as one wliole, and when one part of it plainly tempers and modifies another, and the ultimate sense and impression are correct, the true standard of practical sufficiency is attain ed. As long as jurors are sworn to render true verdict according to evidence, it cannot be errrorforthe court to instruct them to do so; at the same time telling them to give such force to the prisoner’s statement as they think proper. The statement may aid them in ascertaining what the true significance of the evidence is, but for tbe jury to render a verdict in- conflict with the evidence because the statement conflicts with it, wonld be to lose sight of the terms of their oath. See 4S Ga., 163; 60 lb., 210. 13. The court committed no error in denying a continuance, no eh-or, iu or ganizing the jury, no material—if any at all—in admitting evidence. Kor did it commit any material error in charging tbe jury. The charge as a whole was sound in doctrine, clear and concise in statement, fair in tone and spirit, both to the State and the accused, applicable throughout to the facts in evidence, and accommodated to each and every theory of the prosecu tion or the defense which the testimony afforded any warrant for considering. 14. The verdict was justified by the law dud the evidence, and was not contrary to either. There was ho error in overruling the motion for a new trial. Judgment affirmed. D. P. Hill & Son; Gartrell S Wright-; Candler & Thompson; D. F. & W. R. Hammond; R. S. Jeffries, W. R. Hodg son ; J. A. Billups for plaintiff’ in error. B. H. Hill, "Jr., Solicitor-General; nop- kins & Glenn; Pat Calhoun; Duncan Twiggs; Sam Hall; Hulsey & McAfee.; ; Howard Van Epps, for tlie State. Jackson, J., concurring, said: While, as a circuit judge presiding in this case, I might have ruled differently on the mo tion for a continuance, yet I cannot say that the court abused his discretion in the ruling he made. He had the defendant before him, and saw his condition; he could judge of all the surroundings; he heard the evidence pro and con; in the light of all the facts he made his ruling, and I cannot say that lie erred. The meaning res gestee is the thing car ried on. To show the thing carried on, its beginning is as essential as its ending. An enterprise is carried on by acts and words. Indeed, whenever the internal op erations of the mind are involved, words become verbal acts, and are admissable upon the same ground as acts. This thing, this enterprise was begun in the barber shop; it_was carried on all through the in terval beiore tlie final meeting; it was car ried on in that filial meeting; it was car ried on in each shot that was fired; it was carried on until Alston lay weltering in his blood. Every act, every word from the beginning to the end, which carried on the thing, the enterprise, formed a part of the res jestce. The intention of both par ties was a leading question in the case. The s ate of their minds was involved. That state appeared by acts and by words which took place while the difficulty was jin progress; and the verbal acts of the parties were admissible like their other acts. The entire charge is fair and legal—the evidence sustains the verdict—and my sense of duty demands that I affirm it. Most gladly would I restore the living to free dom and family—the dead to life and fam ily, if I could; but these I cannot do. It remains that I administer the law im partially as I understand it, and that leads me clearly to the conclusion that the de fendant lias had a fair trial; that he has been legally convicted, and that the judg ment should stand. was also entitled to defend his own case in^ the Court, in person, by attorney, or both. From the evidence in the record, it is manifestly apparent that the_ defendant was not in condition to exercise his con stitutional right to defend his own case, and by forcing him to trial in that condi tion he was deprived of that right, for it was his undoubted-constitutional right to defend bis own case in person, by attorney or both. The spirit of the constitution, as well as the ends of justice, required a con- tiniiAnre» inf tliA OMflirV . . Wagner, C. J., dissenting: Whilst public excitement alone would not have been sufficient to authorize the continu ance of the case, still, when that public excitement is aggravated by inflammatory newspaper publications calculated to pre judice the public mind against the defen dant, as set fourth iu the record, coupled with the fact of the defendant’s physical condition resulting from wounds received in the then recent difficulty as established by his attending physician,and not denied, to wit, having received apis."ot shot wound in his mouth, knocking out three upper jaw teeth and four lower .jaw teeth, and indenting one of his teeth in his tongue, and had another pistol shot wound in liis left hand and wrist; that his tongue was so lacerated and swollen that the saliva was constantly oozing from his mouth, and in the opinion of the doctor he was unable to confer with his counsel fully and prepare his case for trial. By the con stitution of the State the defendant wa3 entitled to a trial by an impartial jury, and tinuance of the case. In my judgment, the court erred in ad mitting the declaration of Alston, the de ceased, to Renfroe and Helms, as con tained in the 6th and 7th grounds of the motion for a new trial, in so far as the same related to the acts and sayings of the defendant in his absence, which are as follows: “ 6. Because the court erred in allow ing J; W. Renfroe, a witness for the pros ecution, in answer to questions by the State, and over objections ol defendant’s counsel .to testify to a conversation had with the" deceased from five to ten min utes before the difficulty ending in the death of Alston commenced, and not in the hearing of the defendant as follows He (Alston) stated to me, ‘this is an awful thing to have a man hounding you in this way.’ * I asked him did you not met Cox? ’ He said ‘no, he is gone up stairs hunting me.’” 7. Because the court erred in admitting in evidence, over the objection of defend ant’s counsel, a conversation between J. W. Kelms and the deceased, which oc curred twenty minutes before the killin'*, in a different part of the building and m the’ absence of Cox, as follows: Alston told roe he had like to have had a difficul ty and wanted a pistol. I told hinf to come and sit down and tell me about it. I asked him who he was about to Lave a difficulty-with, he said with Cox. Said he, “Nelms, he carried me in to .take a drink with him and I would not drink with him and took this cigar, (he had a cigar.’in hls.hatid,) and then, he-took me into a hack room of a’ barber shop and shut the door, and said, Bob, I want to'sec that power of attorney you have to sell Gordon’s interest, and I said I would not show it under compulsion, and Cox said I ani going to see it before you leave this room. Aud that he (Alston) said, aint you a nice great big rascal here with your knife, when I have not got a piece of steel on me, to try and force me to terms. And he said go and arm yourself and I will wait for you, and he said he is wait ing for me now, and lie asked me' again for.a pistol, and I said my pistol was at home.” The illegal part of Renfroc’s testimony was in proving by Alston’s mere declara tion “that the defendant had gone up stairs hunting him.” The defendant had a perfect right to go upstairs in the capi tol building, and there is not a particle of evidence in the record, either by word of act, on the part of the defendant himself, going to show that he had gone upstairs 1 hunting Alston, and surely he ought to 1 he judged by, and held responsible for,' his own acts and declarations, and not byj the acts and declarations of other people made behind his back, the more especially as in this case, Alston was not in the capitol building when the defendant en tered it, but was standing at Berron’s, in: full view of the defendant as he passed along the street going into the capitol building, where it was said he was hunt ing him. Is the law so unreasonable as to make one man responsible for wliat an other man may say he is doing, or going to do r behind his back, when he has no’ opportunity to deny or contradict the statement ? Such has not heretofore been, my understanding of it. The hunting of. the deceased by the defendant was a most" damaging fact against him on his trial, ; and how was that damaging fact- proved? It was proved by tlie' mure declaration of tbe de ceased to Renfroe, behind his hack,' when lie had no opportunity to deny or contradict it. And the same re- marks are applicaDle to the declarations! made by the deceased to Nelms in regard: to tlie acts and sayings of the defendant at; tbe barber shop. But it is said this evi-i deuce was admissible as res gestte. Wliatj is res gestte as defined by the law of this* State? Declarations accompanying an act, or so nearly connected therewith in time as to be free from all suspicion of design or afterthought, are admissible in evidence as part of tlie res gestte. Code,. 8773. The declarations of Alston when; he applied to Kelms for his pistol would be admissible iu his favor in explanation; of that act, and perhaps his declarations 1 to Renfroe might be admissible in his fa-, vor in explanation of his own acts and- conduct at tlie . time as part of the res. gestte, but liow Cox, tbe defendant, can; be made responsible by Alston’s state-! ments made-to Renfroe andNelms behind: his hack, andbCiised in evidence to lnjU-i riously affect the defendant-as part of any res gestte accompanying any act of his, or connected therewith when the declara tions were made, is more than lean un derstand. In my opinion, it was a total misapplication of the doctrine of res gestte- to admit tlie evidence complained of in' the sixth and seventh grounds of the mo-i tion as against the defendant. The court charged the jury amongst other things: “It wonld be unlawful foif twp persons to deliberately conspire, oij agree together to procure deadly weapons and meet again to fight therewith, and if. in the heat of blood, they do agree, it would be the duty of both of them and each of them to heed the voice of reason and humanity, if there was an interval sufficient for that voice to be heard, and to reconsider the matter and decline sucli hostile meeting, and’if one of them does so reconsider and decline such meeting and the same be communicated to the other, it would be the duty of that other to acquisce therein, and if that other re fuse so to acquiesce and persist in an orig inal hostile purpose, and if pursuant thereto he, anned with a deaclly weapon, seek his adversary with a deliberate in* tention of bringing on such difficulty and of using such weapon therein, nothwith- standing the other’s refusal, and if he does so bring on the contest, and in such diffi culty he slay his opponent with that weapon, it would be murder in such slayer.” This charge of the court was error in view of the evidence in the record, inas much as it did not present the defendant’s theory of his defense for the consideration of the jury. The evidence shows that the agreement to meet and fight at the barber shop had been abandoned. The deceased had, however, procured one of the best self cocking pistols in the city, and while landing at Be .Ten's talking with Govern or Colquitt, saw the defendant ge into the capitol building, and said that he did not know that he did know but that it was his duty to his family, to take a double barreled shot gun and shoot him whenhe saw him; said he hat’ istol then. Shortly thereafter, the dec Iwent into the capitol building wb»-, ne had just seen Cox, the defend ant go, and went into the treasurer’s office, where the difficulty occured—Alston fir ing the first shot, having Kelms between him and the defendant at the time. Al though, the deceased had sent the defend ant word that he would not meet and fight him at tlie barber shop, whether he was willing to meet and fight the defendant in the treasurer’s office and was seeking him for that purpose, where his friend Mur phy,who had furnished him with the pistol and his other friends were, depended upon the acts, aud conduct of the deceased, as disclosed by the evidence. The defen dant’s theory "from this evidence was that, although the deceased had declined t* meet aud fight the defendant at tbe bar ber shop, still lie was willing to meet and fight him in tbe Treasurer’s office where his friends were, and was seeking Cox with a hostilo intent for that purpose; that being a lawyer, as the evidence 6bows, his declaration to Renfroe that this was an awful thing to have a man hounding you iu this' way; he is gone upstairs hunt ing me, was made so as to justify himself incase he should .meet Cox and should kill him in the recouuter; that he was ap parently seeking Cox by following him into the capitol building, where lie had just seen him go. Whether this theory was true or not, the defendant was en titled to have had it submitted to the jury for their consideration under the evidence " in the t case. The deceased evidently was not endeavor ing to avoid Cox when he followed him into the same building he had just seen him enter, instead of getting his din ner as Governor Colquitt had advised him to do. It is quite certain that if Alston had not followed Cox into the capitol building, into which he had just before seen him enter, armed with his self-cock ing pistol, the fatal difficulty in the Treas urer’s office would not have occurred. What was Alston’s intention in following Cox into the capitol building just after lie had seen him enter" it, might have: been iuferred by the jury from. Governor Col quitt’s evidence, under a proper charge of the court in relation to the defendant’s theory of the case. That evidence is that Alston said a very short time before the parties met in the Treasurer’s office, that lie did not know but it was his duty to his family to take a double-barreled shot gim and shoot him' (Cox) when he saw him. This declaration the deceased clearly shows what was the stats of his feelings towards the defend ant at that time aud in a few minutes thereafter. When he • did next see him was in the capitol building, and in the rencounter which took place there between the parties, the deceased fired the first shot. r This is, in substance, tbe evidence in support of tlie theory of the defendant’s defense, his side of tlie case, which be was entitled to. have had submitted to the jury in the charge of the court. The defend ant may of may not he guilty, but wheth er he is or is not, he was entitled to a fair, impartial trial, as provided by the consti tution and the laws of his country, and not believing, according to my best judg ment, that he has had such a trial, there is no power on earth that can extort from me, as a judicial officer, a. judgment af firming his conviction. Among the bills introduced- in the House yesterday is one by Mr. Kitchen, of New Jersey, to remove the duty on iron and steel. Tbe duties re cently imposed on foreign productions of this character have been the cause of the boom in iron, and their removal would bring an immense amount of English and Norway iron into tbe country. High prices could not, under the unalterable law of supply and demand, continue to rule, and a depression in tbe market value would be forced to follow. Under the recent rise furnaces, which have been dormant'for mauy years, are now in full operation. The PresB on the Eelton-Simmons Scandal It is greatly to be deplored that such a scalawag and ignoramus as Parson Sim mons should be the means of disturbing tbe harmony of the representatives from Georgia inthe-National Legislature. Rear what his neighbor, the editor of the North Georgia Citizen, says: Dr. Felton ought not to have said that Simmons was one of the best men in the district, for Dr. Felton is the only man we know of, who knows Simmons, that would have made such an assertion. And again: “Mr. Simmons is said to be a preacher. This is true, and so was the betrayer of the Savior of man kind. A good and true preacher of the gospel is an honor to any community in which ho lives. We are not deposed to do Mr. Simmous in justice, hut to those who are acquainted with his social and Christian standing in the community where he lives and has lived, his special pleading in liis letter of the 30tH ult., to the Atlanta Constitution is not a matter of surprise. Ask the members of a certain fraternity, both in Whitfield and Gordion counties, if Mr. Simmons is a member of their order. They will promptly answer no; but don’t ask them why, because they will not tell yon.” ' ‘ JSjThat able and influential journal, the Savannah News, also makes the following deliverance: . . ' According to our Washington dispatch, Messrs. Hill and Stephens are making common cause with Rev. Mr. Felton in his efforts to secure the confirmation of Parson Simmons. ■ These genltlemen may have satisfactory reasons moving them to insist upon the confirmation of Parson Simmons, an ignoramus and vilhfier of Georgians, as supervisor of the census, but surely a faithful representation of, or a proper regard for the wishes and feelings of flie people of Georgia are not among those reasons. It may be that they, have chosen this opportunity to test the strength of the so-called Independent movement in our State, but it looks very much as if they were actuated more by personal hos tility to Senator Gordon than by any es-r pecial appreciation of the peculiar claims or qualifications of Simmons, who: has shown himself to be incapable of writing or spelling English correctly, and whose only claim on the appointing power is that he made himself active in the last Presidential election in distributing Hayes tickets among the negro voters of his dis trict, and desires the appointment mainly as a “victory” over the “corrupt secession traitors,” as he characterizes his Demo cratic follow citizens. Messrs. Felton, Hill and-Stepbens will find that in antagonizing Senator Gordon in such an issue they will gain no laurels, while, by advocating the confirmation of S'mmons, they virtually endorse his vile slander of the best people of Georgia, and thus demonstrate the true animus of so- called Independentism in Geoigia. Why does Dri-Felton, in all conscience we ask, persist in foisting that individual upon the countiy when he has actually of fered to withdraw his application ? If the Doctdr calls himself a Democrat, then a plague say we upon all such Democracy. Ho Red of Roses. The third term aspirant, we venture to say, despite his jnnketting with the representatives of royalty in the “Ever- faithful Isle,” and the exchange of tele grams With AlphoHso himself, the king of Spain, does not enjoy an hour of rest o’ nights. Something even worse than tar antulas, vampires and cobras disturb his repose. It is the tick, tick, tick of the tel egraphic operator, as he samples the in telligence by wire, and reports what the people in the “States” are doing and say ing concerning his 'nomination. Listen to a few deliverances. The Baltimore 8unsays: Sir. George W. Curtis, In the last num ber of Harper's Weekly, continues to de nounce this one-man rule in the Republi can party. " He is. .quite as much opposed to the nomination of General Grant for a third term as he was to the nomination of Mr. Cornell for Governor of Now York: He cites the figiires'of the last Gubernato rial ejection to show that if New York is tbe “pivotal’ State in tlie Presidential election, it is also a doubtful State, and that no" one blit a Republican who tcan unite the party and inspire it with enthu siasm will be able .to carry it against a harmonious Democracy. He is of opinion tliat tlie divided sections "of tlie New York Democracy will bo brought to gether again before the meeting of .the -State Convention, and that nothing prer vents their reunion now but the hostility of the Kelly'wingto Mr. Tilden. The Philadelphia Telegraph (Republi- can)'says: “ Itia no longer the strict party men who carry elections, but the indepen dent voter bolds the balance of power and compels victory or- defeat. The Grant movement is a direct challenge not only to the independent voter, but to the Libe ral Republican, the anti-third-term Repub lican,'the Conservative Republican, and to that vast army of German Amer ican Republicans, whose bitter expe riences at home make them suspicious of a man whose greed of power knows no limit, overthrows precedents, disregards sacred traditions, and by liis ambition for indefinite rule reminds them ol the rule from which they have escaped. “It is perfectly clear that General Grant cannot be the next President of the United States unless he be nominated, and unless the people vote for him. He possibly can be nominated; but by no earthly possibility can he.be voted for by enough Republicans to secure his election. In every close State, in all States where success demands the concentration of the vote on the candidate,he will be ruthlessly slaughtered by the Independents, the Lib erals, the Conservatives, the aiiti-third- termists, and the Germans.:: The States of Ohio, Wisconsin and Kew York, with their enormous German Republican pop ulations, which we must carry or lose the Presidency, cannot be carried, for General Grant’.' • ; • New York Sun: The, attempt to elect Grant a third time will decide whether the people are tired of their own government —tired of governing themselves. If they are, they will elect Grant. If they are not they will reject him. Concerning tlie Harrisburg convention the Kew York Tribune thinks that the “result must be- a severe disappointment to the friends of General Grant, and a hard blow to the movement for his nomi nation.” The majority of twenty it thinks too. narrow. The Philadelphia North American ad mits that the result of tbe work at Harris burg is a personal victory, for Senator Cameron, but says that there are victories which are more disasterous than de feat. The Press says that “all observant pol iticians must admit that the Grant move ment has met its ’Waterloo.” The Inquirer winds up a long article as follows: •••.•■ “Mr. Cameron lias won, as he said he would, at Harrisburg. But Harrisburg is not Chicago, If lie. can win there," popu lar elections need no longer be held; con ventions would be superfluous; electoral colleges an impertinence; for Mr. Came ron could choose our President for us. But Mr. Cameron will not win at Chicago —that is, if he plays for a third term.” The only note sounded in favor of Grant is by the New York Commercial Adtertiser, which says: “No man who is not blinded by his prejudices in favor of some other candidate can fail to s»e that General Grant will be the candidate of tbe Republican party for the Presidency, and the man who doubts that ho will be elec ted is short-sighted.” We could go on quoting scores of. such paragraphs from other papers, but the above will suffice to show that there is in reality no Grant boom, and we hope there never will be. that the dispatch to our Savannah contem porary, is; at least, premature, and per haps without foundation. - We are assured that there is good reason to believe thatjtlie lease or purchase will be consummated agreeably to the terms of the law: The hitch, or difficulty growing out of the. existence of the .second mortgage bonds, it.is said, has been successfully dis posed of. One other question only, is under abeyance, and. that is, whether the lessees, .if they elect to become purchasers, should be required.to give the $500,000 bond as" lessees t There is a contrariety of opinion on this point, and the matter has not been definitely: settled. All that can be said on the subjoct is that the probabilities are infavor of the successful consummation of the purchase. In the event of failure, then it is claimed that Messrs. Bullock & Kimhaji, the next highest bidders, under" Governor Colquitt’s previous ruling, will be enti tled to lease or buy the road if inclined still todo so. Some, hold, however, that they could only have come in if the Coup- «r& Vibbard.bid had been rejected as illegal on the day the lease was auc tioned off, and that it is too late to do so now.. ; ,r . The whole matter, so far as anything, positive is known, continues to be. wrapped in impenetrable mystery. For tunately, however, the denouement is at hand. On Thursday. the agony will he over, and the lease either confirmed or declared vacant. j ; - In the meanwhile Mr.. Paine, who fa vored this office with a call yesterday, is lying like a rattlesnake in wait, ready to strike the party to whom the lease may be awarded.. i. Verily, tbatLease Act of our sapient legislators seems to be a very vulnerable document, and a veritable bone of conten tion.. . . £ We do not give up the ship, however, but have reason to hope and believe that the affair will be successfully consumma ted. •“ - . ■ AKY DnUiURl' WILL TULL YOU wh»t un know- «bout tte n.erit cf shtinti’a Imlun Y.rmifufto too popular remedy The Pros and Cons of the Macon and Brunswick Railroad- We were not a little surprised to see the following dispatch in the Savannah. Morning News, from that sensational town, Atlanta, dated February 0th: .-j- Tlie most reliable reports say tbe Macon, and Brunswick lease will npt.be consum mated, and it is doubtful if the Governor will again advertise its sale. Able law yers decide that the six hundred thousand dollar bogus bonds will have to be paid when the road goes out of the control if the State. Also, many persons are of the opinion that it Avill be impossible for any one to comply fully with tbe requirements of the present lease act.. Anew act will be asked for from the next Legislature. In another column of tbe News appears an editorial, a portion of which we re produce, to-wit: It has been evident for some days past that there was a hitch iii the proceedings, and that the lessees had experienced greater difficulties in complying withlho requirements of the act of the Legislature authorizing the lease than they ever ex pected. The $600,000 bogus bonds of the road, which the .State has refused,$p pay, it seems,"is tlie main cause of the trouble. These, in the opiiiidrl r of- many, will be a substantial lien upon the road the mo ment it passes into private hands. No company could afford to build the exten sion from Macon tp Atlanta, comply with the onerous provisions of tlie present lease law, and pay tlie State besides tlie enor mous rental of $196,000 a year, at which the road was Tfcased. What ever company' takes the" lease, therefore, must really become pur chasers, and the very moment this is done the holders of these bonds—who cannot sue the State—will begin action against the company, and thus the corporation will find itself engaged at the very outset in a long, tedious and expensive litigation, with the chances of a disastrous result; since, though the State can justly refuse to recognize these bogus bonds, a private corporation will be,unablc to do so upon tlie holders thereof making out an equita ble case. The best possible answer to this argu ment, is the fact that the amount realized from the sale of the road at the price af fixed by the Legislature, will fall consid- ably short of covering the indebtedness for which the first mortgage bonds were hypothecated. This clearly violates and renders nugatory the batch of second mortgage bonds, ($600,000.) Thus, if A the owner of a house valued at $6,000, and raises $5,000 upon it by a first mort gage, and afterwards executes a second mortgage for $1,000 to B, on the same property, then in the event that A fails to meet his engagements, and the first mort- gare is foreclosed and does not yield but $4,000 on sale of the house, and the title to the property passes into other hands, what remainder will be left for the satis faction of B’s second mortgage? The answer is obvious. Simply less than nothing. But we have advices from a source i deemed e ntire authentic, to the effect The Supply of Colored Field labor. We had hoped that the experiences of those colored emigrants, who have visited tlie promised land in tlie West, and then returned home foot-weary, forlorn and destitute, would unpose • a check inconti nently upon any further exodus. But, sad to say, the poor creatures have still to be convinced t lat the soft; climate, easily tilled soil and generous productions of the South, make jt, by far, the most el igible habitation for them on earth. Here, with the least amount of labor, a comfortable subsistence may be earned, and the provident never fail to acquire homes and farms of their own. They also enjoy equal protection under the laws, and,indeed justice oftener leans to mercy’s side-when the colored man is on-trial, than in the instance of his better instruc ted and more responsible white brother. It is safe to say that not one half of the thefts and oflenses against the peace and good order of the community, com mitted by the negroes, ever find their way to the court room. The cause, therefore, of this insane desire to remove en masse from the scenes of their labors and nativ ity, to a distant and inhospitable region, can only be explained by the known cred ulity and superstition of this simple-mind ed race. Interested emissaries and emi grant agents, for their own gain, and in behalf of the Radical party of some of the doubtful States of the West, have drawn coleur derose pictures of the fertile prai ries and valleys of that region, leaving in shadow the fierce northers and deep snows, which fbf long months would cur die the blood of the semi-tropical blacks, if exposed to them. And with the same facility that they yielded to the carpet bagger after the wal-, have many of them surrendered to the plausible talk of the agents above mentioned, and, abandoning all -their home comforts, followed their lead like sheep to the slaughter. If our colored friends persist in this madness, then will the farmers of the South be forced to look for labor among the starv ing Irish, the-thrifty Scots, and the indus trious German and Swiss population of the old country. • On this subject the Kew Orleans Times makes the following Sensible remarks: “There is only one thing to be done. That one thing is to get white immigrants in lieu of the colored emigrants. The remedy is obvious enough, and the state ment of it extremely simple. The sub stitution of white land-owners—small or laige fanners, as the case may be—in lieu of improvident and inefficient eolored ‘hands,’ will' revolutionize the farming business in Louisiana and double the tax able wealth of tbe State inside of ten years. Everybody t is extremely willing to have the white hands substituted. The univer sal desire is for immigrants who are able and willing tp own and cultivate land. The preference is, furthermore, for those who can buy small tracts and cultivate the same for themselves. The desire is to see the average plantation divided into ten or more small farms, each one culti vated by its owner. As to health, it must be remembered that that occasional epidemic iu the city does not touch or endanger the farmer. Summer and winter on the Louisiana farm are both healthy in a very marked degree. The Louisiana farmer is less ex posed to disease the year round, than the farmer in any of the Northern or Eastern States or in Europe. There is no yellow fever on the Louisiana plantation, no fever and ague, no diptheria', no catarrh, no seeds of consumption.” It is estimated that 500,000 foreign Ia- lorers could be provided for in the valley of the Mississippi. But our people have no desire to drive out the blacks. On the contrary, they prefer their field labor to any othor. But it is well for them to un derstand before it is too late, that if they will emigrate, their places can,and will be supplied on the farm, and then, should they essay to return, there will be no room for them. A crying baby is a bore to the whole neighborhood and the parents should be forced to keep Dr. Bull’s Baby Syrup bandy. Price 25 cents. Piste riper m Unices Oi.: o* p-evented hr ruing Koala s Horse au<1 Oattie P wAra be fore the disease res he# yoar stable.