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JOURNAL AND MESSENGER
JOURNAL & MESSENGER.
MACON, GA., MONDAY, OCT. 17.
the great bank suit-list of the un
paid STOCK-PARTICULARS OF THE ACTION.
We have several times alluded to a suit
brought against the stockholders of the
Merchants’ and Planters’ Bank by parties
holding its notes for amounts called for on
the face of the same. As the matter is
necessarily a public one, itcan do no harm
to present its principal features, which
will be of interest to our readers.
In November, 1867, George W Hatch, of
New York, Scott, Zerega & Cos., of New
York, Frisbie & Roberts, of New York,
ami William H. Marsh, of Cincinnati, m
a suit in the United States Circuit Court,
obtained judgment for the amount of the
notes held by them. Execution was issued,
and the return made thereon that no
property could be found upon which to
levy. And now come the plaintiffs and
tile a bill in equity, claiming judgment
against the stockholders of theßamk, who,
by a clause in its charter, became liable
personally for its debts to the extent of the
amount of stock held by them.
They ar e two distinct suits, one of which
will be the more interesting of the two,
from the nature of the action. The plain
tiffs aver that there are certain parties who
did not pay in the full value of the stock
which they held ; that this unpaid stock
became a debt due to theßauk, and should
have been included in the assignment of
its effects, which it was not; that this
money really belonged to the Bank, and
that the defendants should be compelled
to pay it in. They therefore bring this suit
in Chancery to com pell the defendants to
pay the sums still due on the stock which
they held. This i3 quite an interesting
point, and its decision will be anxiously
awaited ; but as Chancery suits are often
times interminable, it may hang on for
some time, and, as the defendants will
doubtless light the question hard, it may
come iu time to rival the famous suit of
Jarndyce vs. Jarndyce.
We have obtained a list of the parties
who are defendants in this issue, with the
amounts claimed from each. Iu the first
columns of figures is stated the number of
shares held by each person ; in the second
the- value of the shares, at one hundred
dollars per share, the amount for which
they were to be sold, according to the
charter of the bank ; in the third column
is given the per centage on the dollar
which was paid in, and iu the fourth, the
amount remaining unpaid. The fist is as
follows : the first six persons named being
residents of South Carolina:
N. S. Crowell 100 SIO,OOO 25 $7,500
Walter Havward 140 14,000 50 10,500
.Blake Hayward 1,160 116,000 10 104,400
Daniel Hayward 450 45,000 20 36,000
Edward Martin 800 80,000 18 65,600
Alfred N. Martin 370 37,000 19 29,970
William H. Burroughs 100 10,000 50 5,000
John Cooper 25 2,500 50 1,250
John Cooper , 20 2,000 10 1,800
JohnCpoper 2 200 35 125
John Cooper 40 4,000 25 3,000
John Cooper 31 3,100 40 2,790
Total ain't unpaid $8,965
John Cooper, in trust
for Rb’t Mclntyre 3 300 100 2,790
Joseph V. Conerat... 50 5,000 10 4,500
George B Cumming.. 500 50,000 20 40,000
Robert Habersham &
William Neyle Hab
ersham, surviving
partners of Haber
sham & Sons 35 3,500 35 2,275.
Robert Habersham &
Vv illiam Neyle Hab
ersham, surviving
partners of Haber
sham A Sons 100 10,000 25 7,500
Charles Dußyuon it
David J. Bailey, Ex
ecutors of S. Grant-
T |and, deceased 500 50,000 50 25,000
William H. Dunning 40 4,000 10 3,600
Noah B. Knapp 100 10,000 10 9,000
Edward Lovell 25 2,500 10 2,250
Edward Lovell 5 500 60 250
Edward Lovell 10 1,000 50 500
Total am’t unpaid $3,000
Win. Mclntyre 200 20,000 31.10 13,780
Robert Mclntyre 200 20,000 31.10 13,780
Robert Mclntyre... 125 12,500 10 11,250
Total am’t unpaid $25,000
John W . Nevitt 50 2,500 50 5,000
Qeorge S. Nicholls.. 40 2,000 50 4,000
GeorgeT. Nicholls.. 5 450 10 500
Anthony Porter 100 9,000 10 10,000
Hiram Roberts 4,000 360,000 10 400,000
Ro bert^Stailord 500 30,000 40 50,000
John Screven 166 13,114 21 16,600
Geo. P. Screven 167 13,193 21 10,700
Thos. P. Screven... 167 13,193 21 10,700
Andrew M. Ross,
Administrator on
Estate of Isaac
Morell 100 10,000 10 9,000
George H. Johnston,
Administrator on
Estate of Edward
Molyneaux dee'd. 1,070 107,000 10 86,280
Henry Latlirop..... 50 5,000 10 4,500
Henry D. Weed.... 50 5,000 10 4,500
The above an entirely separate and independ
ant action, to compel the parties above named to
pay the amounts stated in the list as unpaid. If
they are held liable for this, then comes the other
suit, on the common law side of the Court, in
which claim is brought against them for the whole
amount of the stock, both paid and unpaid. In
At'/lOU/lt. . .
Unpaid...
Per Cent.
Paid
Value ....
Number of \
Shares |
SUPPLEMENT.
MACON, GEORGIA, MONDAY, OCTOBER 19, 1868.
this last action there are over one hundred ot er
defendants, who were stockholders, and who p id
in full for their stock. The whole amount invdv
ed, principal, interest, damages and costs, reac es
a half a million of dollars.
Judge W. Dougherty, of Atlanta, and A. Y.
Stone, of this city, are attorneys for the plaint'Ts.
Jne defendants will probably have some of he
most eminent legal talent to be obtained, to cttTy
on their cause. —Savannah News, loth.
—— ♦ ♦ ♦
[From the Memphis Avalanche, Oet. 13th. j
STARTLING REVELATIONS.
Gan-s Organized to Prey on White “Rebels.!*
The terrible affair known as the “Alex
ander Horror,” still fresh in the minds of
the people, is again brought prominenlly
before the public by the capture and con
fessions of another of the miscreants en
gaged in it. Sometime since we mention
ed the arrest of Doc Woods in a negro
cabin on the Pigeon Roost road, aftei a
desperate struggle, in which he was bacly
wounded. Eearly Sunday morning the
lest living member ot the gang at large
was captured, making four in all—Woods,
Joe Webb, Aaron Calico and Steve Tor
rence alias Twine—now in custody.
The last capture was that of Torrence.
Late Saturday night the detectives learn
ed of his return from Arkansas. He was
traced to a negro house on Court street
extended, and preparations were made for
his arrest. About 3a. m. Sunday, detec
tives Hastings, McCune and Cornell and
policemen Welch, Gallagher Smith and
Holland stealthily surrounded the house,
and after some parleying succeeded in
effecting ail entrance. Ten or fifteen col
ored people were inside, all of whom
stoutly denied Torrence’s presence on the
premises. But the officers made strict
search, and at length found the fugitive
concealed under a trundle bed. He was
covered with bed clothing, but two chil
dren—a boy and a girl—were exposed as a
blind to the view of the officers, who are
not exactly the men to be so easily de
ceived.
Torrence was taken to the station house,
where, during the day, he voluntarily con
fessed his guilt, and narrated the part
taken iu the affair by his pals. The noto
rious Doc Woods was leader of the gang,
which comprised, besides himself, Tor*
renee, Joe Webb, Aaron Calico and Jim
Shapflin, who, it is said, was afterward
killed in Noueonnali bottom-
It seems that the five started out of their
rendezvous in this city that nightfor meat,
Finally, after beating about for several
hours, one of the party suggested the pro
priety of going home. Woods swore no
body should go ; he was tired of this d—d
foolishness and intended to do something
worth talking about. Torrence and Gal
lagher started to return, anyhow, but
Woods, who had been chosen Captain, and
the others were so violent in their opposi
tion that the design was abandoned.
When nearing Cane Creek Torrence
proposed going to Alexander’s and to steal
watermelons. Woods replied : “No ; I’m
after money. He has plenty of it. Urn
going to his house for it.” The party
quietly approached his residence. When
near it a halt was ordered by Woods,
which resulted in the men being posted
at different points to his satisfaction.
Woods assumed the bolder part of the
programme. He stepped on the porch and
endeavored to force the door, and called
to Mr. Alexander to come out. The latter
came forward to a window, and in an
swer to inquiries, was told by Woods that
colored men had been killed about the
place, and he intended to stop it.
Upon this Mr. Alexander shoved the
muzzle of a gun through the window, aud
fired at Woods, but without effect. Woods
ran to some shrubbery, pulled up a young
tree by the roots, and with it dashed in
the window at which Mr. A. had stood.
As he did so he yelled : “Come out or I’ll
set fire to the house. I don’t want to huit
you.” He received no response, and in a
moment, after igniting them, shoved two
bundles of fodder through the window.
The flames caught the window blind, and
soon the room was a sheet of fire.
Mrs. Alexander appeared at this time,
and imploringly asked Woods and Shap
flin what they wanted. “We don’t want
you,” was the rough reply ; and just then
Mr. Alexander approached his wife.
Upon seeinghim Woods exclaimed : “I’m
going to have you out of there, if I go to
b—ll for it.” As Torrence came to the
spot Shapflin said: “Doc, why don’t you
shoot into the room ?” Torrence tried to
dissuade him by saying: “Boys, let’s go
and get some chickens.” But Woods re
plied that matters had gone too far for
anything of the kind, and while he was
speaking the other members of the gang
joined the party. Presently Mr. Alexan
der was seen at the front door. Calico 1
fired at and wounded him. Webb also
fired, but the ball failed of its aim. Then
the work of plunder commenced.
Torrence said he went to Mississippi
immediately after the affair, and thence
to Arkansas ; but he “didn’t have a rest,”
aud came back, thinking he could avoid
capture by “laying low.” He admitted
the charge that there were several regu
larly organized gangs of armed negroes in
the community, under leaders. It was
their principle to take nothing from white
or black Union men, but regarded the
“rebels” (all opposed to Grant) as legiti
mate prey. The gangs believed this the
proper way to break up the “rebels.
Torrence is an enthusiastic Grant man,
averring that he should vote for him.
§3 Unis, remember, is a voluntary confes**
sion, aud it reveals a condition of affairs
most horrible to contemplate. That South
ern white men have no rights a Radical is
bound to respect is daily and nightly
taught such fiends as Doc Woods and his
comrades in guilt, who are put forward to
do the bloody deeds from which their
white leaders refrain only through abject
cowardice. It is the legitimate sequence
of the atrocious doctrine promulgated on
the hustings, and in the Loyal Leagues,
that the white men of the South are the
deadly enemies of the negroes.
STATE OF RELIGION IN THE FAR WEST.
Dr. Tuttle, the Episcopal Missionary
Bishop of Utah and Montana —Idaho,
also, being included with his diocese—has
made several addresses in this city and
vicinity, recently, in which he has depict
ed the state of the Christian Church iu
that quarter of the country. He has pre
sented several very remarkable facts. His
diocese, he premised, is eight times as
large in territory a3 the State of New
York ; or in other words embraces about
300,000 square miles. The present Pro
testant clergy in that vast country are
himself (Bishop) and five priests of the
Episcopal Church, and two Methodist
ministers. Not a Baptist, or a Presbyte
rian or a Congregational Church in the
whole extent. There are three Episcopal
churches and one parish school. The
Roman Catholics have three Bishops, nu
merous minor clergy, flourishing schools,
and seminary for young ladies. The Chi
nese (employed on the Pacific Railroad)
have two heathen temples, or Joss houses,
with the usual attendance of priests and
display of hideous idols. The Mormons
(mostly in Utah) number one hundred
thousand, and having been in their pres
ent isolated position for nineteen years,
embrace large numbers among the young
er portion of the community, to whom all
other religions are dim tradition —Christi-
anity but a myth. The Episcopal Church
derived some advantage iu Salt Lake city,
from its partial resemblauce to the Church
of Eugland ; the Mormons having from
the first been yearly recruited by immi
gration from England. It willexcitecon
flicting emotions to recall the fact, that
while we have been sending missionaries
to China, the religion of Confucius has in
vaded our own country, and he has, prob
ably, more disciples than our Saviour has
in China.
BUSINESS MATTERS.
Gold has shown a steady downward ten
dency, and closed to-day at 137£. There
are a variety of causes to which thedecline
may be
“toae of ihe street,” —i. e., the feeling
among speculative operators—is decidedly
favorable to a lower premium. This, ol
itself, is sufficient to cause a decline of five
per cent, any time. Then the fact that
imports are falling off, and exports in
creasing—gradually turning the “ balance
of trade” in our favor—has an important
influence. It has checked the export oi
gold, and many believe will cause it to be
important during the coming winter. The
Government will have $24,000,000 interest
to pay on the first of November, and it will
come upon the market at an inopportune
period—just as the markets are struggling ;
under accumulating loads of cotton, bread
stuffs and provisions, which cannot be
forced upon the market without imposing
severe losses .upon owners. It is not im
probable, therefore, that gold may decline
abnormally, say to 125, or even 120, from
very much the same influences which
broke down cotton so badly last winter.
Cotton has recovered the depression
which occurred a few days since, but cot
ton goods do not work off properly, and I
must tell your readers that parties here
almost uniformily look for a decline to2oe.
for middling in this market; to get good
prices the planter should hurry forward
his crop, while stocks are every where
small, or be prepared to hold till late iu
the season, after the pressure is over.—
New York Cor. Augusta Constitutionalist ,
12 th inst .
-V
The commonest social vice—Advice.
A bad sign—to sign another man’s name
to a note.
Why is a young laffy just from a board
ing school like a building committee;
Because she is ready to receive proposals.
“ I wouldn’t marry an Eastern man if I
bad to live an old maid all my lile,” ex
claimed a buxom country lass.
“ Why not?” demanded an astonished
companion. . ,
“ Because every paper you take up con
tains an account ot the jailure of the Eas
tern mails /”
Ole Bull when on his last visit here,
used to relate the following. He had been
Donnybrook Fair, when he was attract
ed by the sound of a very loud violin in a
tent He entered and said to the player :
“My good friend do you play by note?
“Dtvii a note, sir.”
“Do you play by ear, then .
“Never an ear, your Honor.”
“How do you play then?”
“By main strength, be jabers!’
“Why will you persist in wearing an
other wom&n’a ha iron your head?” im
pertinently asked a man of his wife.
will you persist in wearing another sheep s
wool on your back 2” was her prompt re
tort.
ARION PIANO FORTE
MANUFACTORY AND WAREROOMst
187 and 189 Bowery, (above Deianeey,)
NEW YORK.
MANNER & COMPANY,
Having secured letters patent on their valuable improve
ments on Pianos and added largely to their previously ex
tensive facilities for manufacturing, are now prepared to
furnish to the trade, or at retail, their
GBAKD SQUARE AND UPRIGHT
PATENT IRON PIANO FORTES,
Which they offer with all the usual guarantees, in compe
tition with the Steinway, Chickeriug, or any other first
class Piano, believing as they co that the Arion is superior
to any other.
Read below the article from the Brooklyn Daily Time*.
Mr. Abbot, organist of the Church'of oar Saviour, says
of the Arion:
Messrs. Manner k Cos.:
Gentlemen:—l have critically examined and several
tines played upon one of your Arion Piano Fortes, and it
affords me much pleasure to add my testimony in favor
of your superior inatruments. For elasticity of touch, for
the singing quality, so much sought for by artists, and
for richuess and purity of tone it is unexcelled by any
Piano I have ever med.
J. M. ABBOT,
Organist of the Church of the Saviour of Brook Jyn,.N. Y.
Prof. John W. Hbnbt Canoll, editor of the American
Educational Monthlv, says:
*o* “ Listen, however,to one of another class, for ex
ample, one of the Arion Pianos made by Manner A Cos.
Bow your head as the bass sends forth its riches, clear
and unblurred; observe the singing, swelling melody
that in its middle octaves so wondrously represents vo
cal expression, and which predominates above even the
silvery brilliancy of the upper treble. Then reflect that
this is a scientifically constructed durable Instrument,
and if you have at home an o dlnary, fourth-rate i iano,
whose beamy of tone had vanished sooner than the lustre
of its varnish, chide not your child for lack of expression,
nor wonder when your wife is playing that she seems to
have no soui. The instrument as well as the performer,
must have power of expression; a piano, it may almost
be said, as well as a sin, er, must have a soul.”
From M |The Brooklyn Dail? Times:”
“ We will say that the Arion Piano Forte is a very ele
gant instrument of the largest class and very highly fin
ished. Musically, it has a full, deep, rich tone, and the
most powerful that we have ever and tened to. It has in a
higher degree than any piano that we have met with, the
singing quality or character, that musicians so much seek
for m a piano. The bass notes reminding you of the deep
toned notes of a large organ. The Middle Octaves are
more elastic and clear than in most other pianos, ewmg
to pecultar arrangements that I shall speak of hereafter,
while the upper or treble notes possess that pure, distinct,
bell-like clearness, that is so necessary to the correct
rendering of difficult pieces of music, and that also lends
such a charm to melody. The Arion Scale is from Ato C,
so as to meet all the requirements of modern music,
which a seven octave piano will not do.
“To obtain power you must have strength. We have
attained this in the peculiarity of the frame before alluded
to, and in the use of a bar in the direction and on a line
with the heavy steel stringing under the “ overstrung bass.
This bar passing beneath the stringing, and running diag
ovally from the front right-hand corner, to the back lert
hand corner of the case, gives strength where most need
ed and where m ist other pianos fail; in fact it might not
inaptly be teemed the spine or backbone of the piano.
They stand in tune longer than other pianos, to effect
which we are again enabled by the peculiar shape of our
iron trame, to use short pins so that the piano is strung
close to the wrest-plank: thus almost doing away with a
leverage strain on the tuning pin, which in some pianos,
is at least three quarters of an inch above the pin, caus
ing the pin to loosen, and often bringing it in contact with
the iran plate. The construction of the wrest-plank has
also a greet advantage over those of other pianos, in be
ing formed of four sections of hard wood laid horizontally
and firmly glued and fastened, the grain of each section
crossing the grain of the one next to it in a different line
or direction. So that the tuning pins have the pressure of
the end wood against them in every direction, making it
impossible for the pin to loosen itself as it does here it
has a pressure against the sides of the grain, as it ha s In
all other pianos. This, too, prevents the spitting of the
wrest-plank.
“ The construction of the case and the combination so
the iron frame therewith, we also claim ae b it g new and
improved. The left lower end of the frame r - imbed
ded or set in the solid wood, or we believe ( a tech
nechical term) butted against the wrest plan* a point
and on a line just inside of the line of the i.■ a ; pins, by
which means first, great additional stre: ; gained,
second, the fr ime being so sunk in th, Hows the
stringing (as before described) to a .0 the wrest
plank, and third, the great dertderatuu. »Icug sought for
by the trade, a full iron trame without a ossibility or the
tuning-pins coming in coatact with it, is alned.
“ Our agraffe arrangement is another great Improve
ment, effected in a simple but superior maaner. A hollow
bar, cast with the frame and openin'? on the under side
ana extending along the line of tbe tuning-pins, has fitted
into it a reversed wooden bridge, in wh cn the bridge-pins
are inserted. This reversed bridge, being a trifle lower
than the wrest-plank, gives an upward as also a side-bear
ing to the strings, and by this admirsble arrangement an
agraffe is obtained that gives a firm position to the strings
that no blow from the hammer can displace. A similar
plan on an iron bedding has been before attempted, but
always in connection with the complicated under-damp
ers, which invariably becomes displaced and out of order.
“In the Arion Piano we use the Brerch damper, uni
versally acknowledged as the best, acting from their own
weight aione. They are firmly hinged, and can move
neither to the right nor to the left, but only in the direc
tionrequired. Thus it will be seen that our agrafle ar
rangement is complete, not only in itself but in ail Us con
nection with, other parts of the actiou.
“ With other agraffe- now in use, there are several dif
ficulties that c? nnot be remedied. First, the wire strings
run through an eye in the top of a screw, or pin, and
must fit th eye exactly, or itwiii create an unpleasant
buzzing sand. The same difficulty is apt to occur when,
from c -istautusing, the strain upon the string lessons in
its s* c, or the constant vibration on the inside of the eye
we?. s the eye larger.
•The screw or pin, too, for the sane reason (constant
vibration on it) will at times becoire loose and caus*e an
unpleasant jarring to the chords. None of these disad
vantages can happen to the Arion agraffe/*
We have above given Mr. Manner’s claims for the supe
riority of t.ue Arion Piano Fortes, and his objections to
other pianos, in nearly his own words, and he was very
ready to take us throughout the factory and explain all
the different departments of it to us. We had a fair
chance of judging of its merits, and think the ciaiirs of the
Arion are well based. It is at least one of the very best
pianos before the public.—[Brooklyn Daily Times
All of oar Pianos will be finished with the new self
acting prop stick for holding up the top of the Piano.
The patent for which, as also the patent lor the Arion, is
owned by us exclusively.
g*Bend for Illustrated Price List.
MANNER k CO., 187 and 189 Bowery,’
Niw Yoax.
J. W. BURKE* Macon, Ga., Agent for the State.
Nov 15-fim
ALASKA;
A Spectacular Extravaganza,
IN RHINO-RUSBIAN RHYME
AND TWO ACTS :
BY Q. Z.
Priee 2i cents—SO cents by mail prepaid.
Address . „„„ .
oc l4 3. W. BURKE * CO.