The telegraph and messenger. (Macon, Ga.) 1869-1873, August 12, 1871, Image 4

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$500,000. trying tLs same witbont the presence error in Telegraph & Messenger ot tbe answer, it having been mislaid. Judgment affirmed- Hawkins & Burke, for plaintiff in error- J. A. Ansley, by S. H. Hawkins, for defen dant. B. J. Allen vh. Brown. McCat, J. SATURDAY MORNING. AUGUST I 1 -*. 1 Enoch Brown and Thomas J. Equity from Randolph. ’ -When A, being fahly indebt ed to a e of the debt sold him “■ *- half of lot No. 8C, and A being in dej it was i S4G7 600 in 28 choice and valuable pieces of Beal state'and $32,400 iu Personal Property, the die- OFFEB P| H pi to others arranged that B should take a m-ed to the nuu.u lot and make a title to As wife for the south half and the deeds wore so made, and A afterwards sold tbe whole lot to C, who had no tice of the transaction between A B: Held, That the contract as to the two halves of the lot being serviceable, the fraud as to the sontb half did not vitiate the whole, the jury having set aside the whole deed, it was no error A.U 1U6 ItUU'O A^AVAA proved and best paying property in the city or Memphis, arnoDg the leading of which is the NEW MEMPHIS THEATRE, erected at a cost of i85,000, and now renting for $5,000 per annum; palatial and Cottage Residences; valuable Bittiness Houses, prominently located: beautiful Suburban Hornet; a fine Plantation in a high state of cultivation, near lho city, and other realty, ranging from $1,000 to $80,G0u. All under tho management of Messrs. PASSllOUE A RUF FIN, Real Estate Agents. Memphis. Tonn., who 10- At V ery Low Figures THE FOLLOWING GOODS: GUILFORD & HILL, Musical Emporium of Georgia ,060 bushels Prime WHITE CORN, tute such person a servant within the provisions of the law. Judgment reversed upon the ground that the court orred in charging the jury the parol con tract entered into between Bryan and tbo em- 500 bushels OATS, 300 bnshels PEAS, ployee would not protect him against conviction under the fact in this case. MoOat, J., concurring.—A contract that one should furnish a lot of hands to work a crop, he and they to receive one-third of the corn and 75,000 pounds CLEAR RIB SIDES, 20,000 pounds PRIME LEAF LARD, HEAD OF THIRD STREET, SIGN OF “THE NEW FLAG” MACON, GEORGIA. THE LARGEST IN THE STATE. SKILLED LABOR AND MODERN MACHINERY ALL WORK WARRANTED. Northern Prices for Machinery Duplicated STEAM ENGINES 0E ANY KIND AND SIZE. FINDLAY’S IMPROVED CIRCULAR SAW MILL - MERCHANT MILL GEARING, moat ! kinds; SUGAR MILLS ana SYRUP KETTLES; IRON FRONTS, WINDOW SILLS aril LINTELS; CASTINGS of IRON and BRAS8 of every description, and MACHINERY OF ALL KINDS TO ORDER. CALL AND SEE OUR ono-foorth of tbe cotton, the contractor to su perintend and to oversee the hands and to get 200 barrels Assorted quality of FLOUR, $150 extra, is not a contract of service under section 4428 of the revised Code. Wabxeb, J., concurring.—The demurrer to the indictment was properly overruled; the of fense was staled in tho terms and language of tbe Code, and so plainly, that tho naturo of the offense charged might bavo boon oaaily under stood by the jury. The 4428th section of the Code d claren that “If any person by himself or agent, shall bo guilty of employing the ser vant of Ruolhor during tho term for which he, ahe or they may be employed, knowing that such servant was so employed, and that his term of service was not expired, or if any person, or persons, shall entice, persuade, or decoy, or attempt to entice, persuade or decoy any sorvant to leave his omployor, either by of fering higher wages, or in any other way what ever, during tho term of service, knowing that said servant was so employod, shall be deemed guilty of a misdemeanor, and on convio- Metropolitan Works, CORNER SEVENTH AND CANAL STREETS, RICHMOND, VA. WM. E- TANNER & CO. STATIONARY and PORTABLE ENGINES and SAW-MILLS; BARK, GRIST and PLASTER MILLS; BOILERS, FORGINGS, CASTINGS, of IRON or BRASS, MILL GERING, etc ; Engines and Saw-Mills of various sizes always on hand. Steam Fittings and Wrought Iron Pipe. Old Engines, etc., repaired and sold on commis sion or exchanged for new. All other repairs promptly and satisfactorily done. Freights to all points low. Sena for descriptive circular. jul7 d swAwtildoclS. H. R. BROWN, Agent. CO barrels Assorted quality SUGAR, 12 hogsheads MOLASSES, 75 barrels MOLASSES, 20 barrels Choice SYRUP, 150 boxes different grades TOBACCO, We are Selling n 8500 Organ for 8275. Florence Sewing: Machine. 40 barrels WHISKY, all grades, OF ELEGANT DESIGNS, AND AT PRICES THAT DEFY COMPETITION. CS"No CHARGE FOR NEW PATTERNS in furnishing outfit of Machinery for Saw or Merchant Mills £L PBOCLAmATION. GEORGIA. By R. B. Bullock, Governor of said State. Wheeeas, official information has been received at this Department that a murder was committed upon the body of John A. Griffi«, in the county of Hoard, on or about the 18th of November, 1870, by Thomas Teal, Paschal Gitima and Susan Knowles, as is alleged, and that the said Thomas Teal, Paschal Guiffis and Scsvh Knowles have fled from justice: Now, therefore to the end that they may bo brought to trial for the crime with which they stand charged, I have thought proper to issue this, my proclamation, hereby offering a reward of ONE Competent Workmen furnished upon application to overhaul Engines, Saw Mills, etc., in any section of the country. 100 coses OYSTERS, SO cases TRISTON & MERRILL YEAST POWDERS, SHOULD BE USED BY EVERY SAVfcMILL PROPRIETOR. Millstones, Belting, Circular Saws, Steam Fittings, Babbitt Metal,cte. FURNISHED TO ORDER. TERMS, CASH OR APPROVED PAPER. vanta aa mentioned in tho Code, is sufficiently comprehensive to embrace all these classes of 50 cases POTASH, servants as defined by tbe common law. When one man has employed a servant to work for 20 baskets CHAMPAGNE, him for a definite period of time, nnd another man knowing of such employment employs that same servant for and daring any period of tho time for which the firat employed him, he is gnilty of tho offense of employing tho servant of 25 cases SODA, This Machine is. without a peer for dnrabiUty, .... - —d see for ju!23tf another, within tbe trne intent and meaning of the law. The object and intention of yourselves. 20 nests TUBS, THE 50 dozen painted BUCKETS, 200 roams WRAPPING TWINE, 50 tiorccs SUGAR CURED HAMS, 'fiCf-IPSE Afj tton prirssj of employment, the offense is oomploto under the law, whother the servant has actually entered into the service of his employer or not. Tbe law was intended to prohibit any interference with contracts for tho employment of servants, knowing tbnt they were employed. If the ser vant has entered into tho service of his employ er, nnd anothor attempts then to employ him, or does omploy him, such person is liable to be indioted for enticing, persnading, or decoying such servant from the sorvico of his employer, knowing snch servant to be employed. Inter fering with contracts for the employment of 25 tierces plain CANVAS ED HAMS, 700 pounds Choice SMOKING TOBACCO, 50 barrels very choice OEMENT. MACOi servants, knowing them to be employed, is one thing; inducing servants to leave their employ- DIPLOMAS For Best Cotton Ti QUANTED BY LOUISIANA STATE FAIR, APRIL, 1870. GEORGIA STATE FAIR, OCTOBER, 1870. COTTON STATES FAIR, OCTOBER, 1870. MISSISSIPPI STATE FAIR, OCTOBER, 1870. ALABAMA STATE FAIR, NOVEMBER, 1870. wwwa* . — - Patented February 27th, 1871, by FINDLAY & CRAIG. An ANTI-FBICTION SCREW—A MECHAS- IGAL WONDER. This wonderful mechanical achievement- in point of RAPIDITY and LIGHTNESS of DRAUGHT, STANDS WITHOUT A RIVAL; and ia destined at an early day to'suporsede ALL OTH ER Cotton Screws, be they fabricated of Wrought or Cast Iron. We append certificates of several well- known planters, using the “ECLIPSE PRESS": Colaparchek, Ga.. December 21.1870. R. FINDLAY’S SONS, Findlay’s Iron Works, Macon, Ga.: Death to Rats, Roaches, Bed Bug's, etc. Never failing. Boxes double the size as others. Hormotrically sealed and always fresh. For sale in Macon, at wholesale and retail, by J. d. Zeilin A Co-, Hnnt, Rankin & Lamar, and all druggists.fob2Gihtwly eh< after they have entered upon their term of Rervioe, knowing them to be employed, is another thing, and oither is an indictable offense under tho law. I concur in the judgment of reversal in thin case, on the gronnd that tho conrt below erred in ita charge to the jury in relation to the con tract made with the defendant and Mitchell Daniel, prior to the contract mado with West iug a want of any criminal intent on the part of tho defendants, to violate tbo law. Tbe charge of tho conrt excluded from the consideration of tho jnry the criminal intent of the defendant, in view of that prior oontract They might or might not have considered it sufficient to robot tho presnmption of any criminal intention on the part of tbe defendant to violate the public law of the State, and should have been left free to consider tbe evidence in relation to that point in tbe case. Lyon, do Graffenreid * Irvin, W. A. Hawkins, for plaintiff in error. B. P. Hollis, Solicitor General for the State. Tbe Great Medical Discovery t Dr. WALKER’S CALIFORNIA VINEGAR BITTERS, 0 Hundreds of Thousands gs si Be ” t a tI S 0 e‘l« Dder - ill If|WHAT ARE*THEY RAPIDLY AM) EASILY ADJUSTED. OCTAVUS COHEN & CO., General Agents, Savannah, Ga. LIGHTFOOT * JAQUES, Agents, Macon. 17 MURRAY ST., NEW YORK, Shafting and Steam Boilers, IRON RAILING AND ORNAMENTAL IRON WORK, MILL AM) m GEARING, AAD OTHER CASTINGS, THREE ROLLER CANE HILLS IN IRON FRAMES. ORDINARY CANE MILLS, FROM 11 TO 18 INCHES DIAMETER. KETTLES, FROM SO TO 130 GALLONS AND FROM PATTERS MORE NEARLY AVERAGING THEIR NOMINAL MEASURE THAN ANY PATTERNS IN THE STATE. HORSE POWER FOR GINNING COTTON. This Power has been three times as loDg at work as any applied to Ginning, and with what success let the following certificate show: . Muxedqevxlle, February 14,1871. T. C. NISBET, Esq.—Dear Sir : I am using one of your Horse Powers for ginning my cotton. It has been in use about three years, and lias ginned about four hundred bales of cotton. I think it well adapted to ginning. I gin two bales a day on a forty-saw gin and with two mules. My gin is situated in an old negro cabin and the power is placed outside. J. A. OBME. Prlteof Borne Power, with IRON FRAMES—Guaranteed, ..... 810000 G. M. Stokes vs. Duncan O. Johnson. As sumpsit and motion for new trial, from Lee. MoCay, J.—Where it appeared from the record that Stokes, a country merchant, had, under a contract with a neighboring planter, advanced supplies and money to make a crop, and he was to have control of the same, and to bo first paid from the proceeds ; that during tho summer Duncan O. JohnsoD, commission mer chant at Savannah, also advanced supplies and money to the planter, with notice of Stokes’ claims, it being understood tbnt cotton would bo cent to them at Savannah for sale, out of which they would be paid; all the parties be lieving tbnt a crop of 300 or 350 bales would be mado ; that on October the 15th, after 39 bales had been sent to DnncAn O. Johnson, Stokes wrote him a letter stating that the planter wanted somo money, and desired his cotton to bo sold as it arrived, nnless they would advance upon it, nnd hold it for a better market, and adding, that as the planter owed half of them, it was proposed as a mutual arrangement, that as any cotton was sold, Duncan O. Johnson Rhould pay its expenses, and tbe balance should be divided between them, to-wit: Duncan O. Johnson, and Stokes, on their insurance debts; that afterwards other cotton was sent to Dnnorih O. Johnson, and they sold tho whole, nay SO bags, paying expenses and sending half the proceeds to Stokes, and retaining half on their debt, which ot the time, was thus discharged; that Duncan O. Johnson, expecting further shipments, from the expectation of the crop, and from third understanding of Stokes’ letter, made further advances to tho planter. That Stokes, finding the crop wonld be only 175 bales instead of 300 or 350, by direction of the planter, and to save himself, sent forward the balance of the cotton to other Savannah merchants, and sold the same, and took the whole of tbe proceeds on his own debt. Held, That there was nothing in the letter of Stokes of October 15th, to bind him to send forward the whole of the crop to Dancan O. Johnson, and it was error in the court to charge the jnry that he was so bound. Held further, That under all the facts as set forth in the reoord, the verdict was sustained by the evidence, and the court erred in granting a new trial. Hawkins & Bntke, John H. West, by R. H. Clark, for plaintiff in error. Hines & Hobbs, for defendant. BOOTS AND SHOES Expressly for jnno 30-3meod CRAIG’S PATENT HOUSE POWER, of Poor Itnni, Whiskey, Proof Spirits nnd Refuse Liquors doctorcd.splced and sweetened to please tho taste, called “Ton- les,****Appetizers,” ** Restorers,” *c, that lead the tippler on to drunkenness and rain, but are a tree Medicine, made from the Native Roots and Herbs of California, free from nil Alcoholic Stimulants. They are the GREAT BLOOD PURIFIER anil LIFE GIVING PKIN- CIPLE a perfect Renovator andlnvigoratorof the System, carrying off all poisonous matter and restoring the blood to a hcsjthj^condltlon. No person can take these Bitters « onrding t” direc tion and remain long nnw-"'-- — For Iuflnmmntoi-y nn . 1 ironic jtneu- rantfsm nod Gout, Dyspepsia or Indi gestion, Bilious, Remittent nnd inter, mittent Fevers, Dlscnscs of tho Blood, Liver, Kidneys, and Bladder, these Rit ters have been most successful. Such Dls« cases are caused by Vitintcd Rlood, which Is generally produced by derangement of the ^-tgestive Organs. . DYSPEPSIA OR INDIGESTION. Headache. Pain in tho Shoulders, Coughs, Tight- ness of the Chest, Dizzlnc6S, Sour Eructations ot the Stomach, Bad taste In tho Month Bilious At- tacks, Palpitation of tho Heart, Inflammation of the Lungs, Pain in the regions of the Kidneys, and a hundred other painful symptoms, are the off springs of Dyspepsia. They invigorate the Stomach and stimulate the torpid liver and bowels,which renderthem of an* equalled efficacy in cleansing the blood of all Imparities, and imparting new life and vjgor to the whole system. FOR SKIN DISEASES, Eruptions,-ratter. Salt Kheum.-Blotches, Spots, Pimples. Pustules. Bolls, Carbuncles, Klng-Worms, Scald-Head, Sore Eyes, Erysipelas, Itch, Scurfs, Discolorations of the Skin, Humors and Diseases ofthe Skin, of whatever name or nature, are literally dug up and carried out of the system In a short time by the use of these Bitters. One bottle In such cases will convince the most ■'ncredulons of their curative effects. Cleanse the Vitiated Blooa whenever you find Its impurities bursting through the skin inPlm- plcs, Eruptions or Sores; cleanse it when you find it obstructed and sluggish in the veins; cleanse it when it is foul, and your feelings will tell you when. Keep the hlood pure and tho health of tho system will follow. riN, TAPE and other WORMS, lurking In t” - sysv'm of so many thousands, are effectually T HE next session of this Institution will com mence on the Third Tliurday (2lst) of Sep tember, 1871, and continue without intermission until the fourth Thursday in June, 1872. The instruction embraces thorough CLASSICAL, LITERARY and SCIENTIFIC courses, together with the Professional departments of LAW and ENGINEERING.. The entire expenses for the session of 9 months need not exceed $300 or $325, according to tbe price of Board. Arrangements are also made for messing, by which students may reduce their ex penses to 8250 per session. For farther information addroes G. W. O. LEE, President, er angS 5t WILLIAM DOLD, Clerk of Faculty. Anchor lane Steamers. SAIL EVERY WEDNESDAY AND SATURDAY, TO AND FROM NEW YORK AND GLASGOW, Calling at Londonderry to land Mails and Passen gers. The steamers of this favorite line, are built ex pressly for the Atlantic Passenger Trade, and fitted up in every respect with all tin modern improve ments calculated to insure the safety, comfort and convenience of passengers. PASSAGE RATES, PAYABLE IN CURRENCY TO GLASGOW, LIVERPOOL AND LONDON DERRY. First Cabip, $65 and $75. according to location; Cabin Return Tickets, $130, securing best accom modations: Intermediate, $33; Steerage, $23. Parties sending for tbeir friends in the Old Coun try can purchase tickets at reduced rates. For fur ther particulars apply to HENDERSON BROTH ERS, 7 Bowling Giceu, N. Y , or to L. L DeLAMATER, my30 d<fcw3m South. Expr. Co., Macon. Ga. Responsible Agents wanted in town and country COTTON AND HAY PRESSES FOR GINNING COTTON, CRAIG'S HORSE POWER is as far in advance of the ordinary Gin Gear is the ordinary Gin Gear ia in advance of ALL THE OTHER HORSE POWERS now advertised and manufactured in the State. We are WILLING and ANXIOUS to PROVE this, if allowed an opportunity of a PUBLIC TEST. The above Horse Power has proveD, by actual test, to be the moBt simple, durable, economical, and w i ?5 y Horae Power yet introduced to the public. REQUIRES NO MECHANIC TO ADJUST AND START IT. Any farmer can put it in position, and operation in several honra, as it “< s upon the ground. Tbe Gm may be located it eithor end of the Gin-house, or directly over the machine, m preferred. WE GUARANTEE WORKMANSHIP, MATERIAL AM) PERFORMANCE, And further, we will legally obligate ourselves to REFUND PRICE MONEY where machine fail* 13 perform satisfactorily. We challenge any and all Inventors and Makers of Horse Powers, to meet us in an actual test, an produce the equal of this Machine for driving a Cotton Gin. We manufacture two sizes—No. 1 for driving 50 and 60 Saw Gin; No. 2 for 40 and 45 Saw Gin. * °^ 6 ^5l!ir®P$, ed a Gin - having an 8 inch pulley, (standard size), THEE HUNDRED REVOLUTION-, aer MINUTE—calculating tho mules to make three rounds per minute, or Two Hundred and fifty orations with the mules making only two and a half rounds psr minute—(a very low estimate.) Send for CIRCULAR containing TRICE LIST and TESTIMONIALS. H. I. Kimball’s Brunswick & Albany R. B. Money Taken in Payment for H. B. Kaiford vs. Seth K. Taylor. Rule vs. Sheriff, from Sumter. McCay, J.—Where a sheriff had levied on personal property and turned it over to a third party, on his making the usual “claim affidavit ” nnd giving a forthcoming bond, but taking no bond for the co-ts and damages which the jury might fiod lor tLe delay in case the claim was for delay only, and tb# claim was dismissed on the rnofioD of the plaintiff in fi. fa : H&d, That it was not error in the conrt to hold the sheriff liable on a rule for the value of the property levied on, anil to direct an issue to ascertain that value. Held further, That the answer of the sheriff, there being in it nothing bearing on tho ques tion of the value of the property, was immaterial on the trial of the said issue, and there was no ECLECTIC INSTITUTE, HORSE POWER. HAND POWER. These Presses, from actual nee, have given aa much satisfaction as any ever introduced, and on ap- 1 plication I can furnish a circular with several hundred names of planters who are using this Press, and 37 AND 39 MT. VERNON PLACE. T HIS School will opeD. as usual, on the 18th of September, 1871, and close June 25, 1872. >limber ot Pnpils limited to 40. The Summer Session begins the 17th of April, every year, and pupils may be entered either for half session, closing 1st September, or for full scho lastic session closing first week in February. ON HAND AND FOR SALE: 1 Nsw 40-horse Engine, - - - - - $1C 1 New 25-horse Engine, - fi 2 New 14-horse Engines, - - - - S <S5" Send for Circular, containing cuts, description, and price lists of the various kinds of Screws. junSO 2aw£w4m For circulars, apply to the Principal, julyll 2taw2m jtw4eodtf