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GEORGIA JOURNAL & MESSENGER j
M U'ON\ TUESDAY JULY 6, 1869.
HOW WILL IT TURN OCTI
We hear universally good reports of the
corn crop as to its prospects for a yield.
tJoe or two more showers, and in most of
the country below here it will be made.
Raiu is beginning to be much needed at
some points in this immediate section.
In Houston county, about Perry, the
showers have been light and far between.
On some farms thereabouts corn is reaiiy
suffering.
Premising, though, that the land does
its best generally, and returns a most gen
erous increase for the seed given it in
charge, the inquiry is none the less perti
nent: How will it turn out, measured by
the demands of home consumption ? How
many thousand bushels will it keep at
home in the corn cr,bs ot the West for
lack of a market? How many Western
farmers will it set to studying out the
problem of how long it will take “those
Southern fellows” to get rich by raising
their own provisions? We dread to read
the answer, though we know very well
what it will be, and so do the very men
who have staked so much on cotton. We
know that our people have not done, on
an average, a whit better in this respect
this year than last, and that the railroads
of the South will groan next year as they
did this, with corn for Southern plauters
from their Western cribs.
Os course, nobody knows how the cot
ton market will open, but let that be high
or low, the iirst consignments will go to
settle for provisions. If the market is
strong so much the better for the specula
tor, not the producer. He, poor fellow,
must first pay his debts. When he brings
in his own part of the crop the market
may be flat, and he is forced to hold on.
And right here is one of the worst features
in this business. The first cotton of the
new crop not being the property, so to
speak, of the producer, he, of course, is
not free to take all the advantages of a
strong market. True, the higher the
price the less it lakes to set him square ;
but iu any event he must sacrifice some
thing. Now, if these people raised their
own provisions, relied upon cotton as
their sure and clear profit, there could be
no sacrifice, for none would be demanded.
We shall watch the provision statistics
of Georgia this year with a great deal of
interest. We are confident that there is a
lamentable deficiency, but how great is
the question. We want to know how far
backwards our people have gone, so as to
measure, not only their own folly, but the
weight of counsel and warning. If it is
as we fear, one newspaper, at least, will
have less to say another season on the
subject.
Pen, ink and paper surely can be better
utilized.
LOOKS LIKE BUSINESS.
We copy, with great heartiness, the fol
lowing circular, just cut from the Selma
Times. We suggest that parties who feel
themselves much interested in this very
important matter open a correspondence
with the persons indicated :
CHINESE IMMIGRATION. *
To the Planters of the Sooth and others interested:
1 am in receipt of a number of letters
from all the Southern States making in
quiries as to the practicability, price, etc.,
of obtaining Chinese laborers for the
South. I have answered many of these
letters, hut as my time is too much taxed
to conduct so much correspondence, and
as I am necessarily absent from Selma a
part of my time, I have concluded to ad
dress this short letter through the public
press.
The brief circular, issued by us some
weeks ago, was intended to invite corres
pondence and ascertain something about
the general want of the country for labor,
ami wlieiner a proposition to introduce
Chinamen would be favorably received.
The cry from every quarter is for “more
labor, more labor,” If we do not obtain
it the general impression is, that our beau
tiful Southern laud—the garden spot of
America—will, the larger portion of it,
soon become a wilderness of weeds and
wild beasts. The necessity fora re-supply
of labor is every where admitted. The pe
culiar adapteduess of the Chinaman to
meet (his want is proved and generally
admitted; the simple questions remain
ing, therefore, are, as to the practicability
and price of obtaining his services.
To tlie solution of these questions our
efforts have beeu directed for many past
weeks. Correspondence is being con
ducted with the Pacific Railroad Compa
nies and wiih the Panama Steamship
Company as to cost of transportation ; and
correspondence with California as to the
characteristics of the Chinaman, and as to
the chance of getting him to come to the
South to cultivate cotton and oilier pro
ducts, and serve in other menial capaci
ties.
We h ave for St. Louis in a few days,
and probably will go on to California to
settle definitely the two prominent ques
tions as to the practicability of obtaining,
and the price of Chinese laborers. As
soon as all tlie information can be ob
taiued we will publish complete and def
inite answers to all questions pertaining
to ttie new promised labor, and this we
will do as soou as diligent effort can ren
der it possible. In the meantime we in
vite further correspondence on the sub
ject, which please address to care of Col.
B. M. Woolsey, Selma, Ala., or to care of
Samuel 11. Richardson & Cos , corner of
Waluut and Commercial streets, St Louis,
Missouri. Very respectfully,
F. H. Hawks,
Agent Southern Chinese Immigration.
Newspapers friendly to prosperous ag
riculture in the South, and to John Chi
naman as an immigrant, will please copy
and oblige F. 11. H.
HEM \HK \ULE BAPTISM I V A\ EPISCOPAL
( 111 ItCII.
From the New York Post, June 25.
Christ Church was tlie sceneof a ritual
istic baptism yesterday afternoon. It hav
ing been announced that a child of Rev.
Dr. Ewer, tire rector, would be baptized, a
few friends were admitted to theehurchto
witness tlie ceremony. The procession en
tered from the vestry room headed by the
sexton. He was followed by a boy wear
ing a gown and bearing a burning taper.
After these came the cbildreu of the rec
tor, tlie officiating clergyman, his assis
tant, Rev. J. M. Brown, two ladies of the
family, and the nurse with the child.
At the font the rector put on a purple
stole and began reading tlie regular bap
tismal service. After reading about one
third the service the rector paused, ex
changed the purple stole for a white one,
and continued the service. Pausing, he
took the taper from tlie acolyte, placed it
In the font, read still further and then
took it out agein. The rector then took
tbeiufaut, whichr was in a nude state,
from the nurse, aud, carrying it to the
baptismal font, immersed it three times,
repeating as he did so, these words :
"Ferdinand Charles. I baptize thee in the
name of the Father, Hon and Holy Ghost.”
After this ceremony the godfather
placed the white stole upon the Infant,
representing the purity of Heaven, while
the rector held near him tlie candle as a
sign of tlie light of the Gospel. The pro
cession then marched to the altar, aud
subsequently to the vestry room, the rec
tor carryiug the child in his arms. It is
said that this is the first instance where a
child has been baptized in this city by the
ritualistic form.
Our Policy Pointed Out— General
Grant, in his interview with certain Geor
gia Radical*, rejsirted this morning from
Washington, plainly indicates the policy
to be pursued by the people of Macon,
with reference to the present incumbent
of the Postofflee. If Turner proves in
competent ho will be removeu. He has
done that already. The way to get him
over this difficulty and to deprive Grant
of an opportunity or excuse for his re
moval, is to go into the office and teach
him his duties. If let alone he will break
down. If assisted he will not, and the
people of this city will be saddled with
him for four years. It does not seem to
us that any further argument is necessary
to demonstrate the duty of ail who feel
the slightest Interest in having him re
moved.
T —Henry Ward Beecher says that "all j
men are ridiculous in spots, and some men
are ridiculous all over ’’
UNIVERSITY OF GEORGIA.
We find in the Atlanta Intelligencer, of j
Saturday, the following report of the
Hoard of Visitors, recently appointed by
Gov. Bullock to attend the examination
ezercises of the University at Athens :
REPORT.
Atlanta, July 1, 1869.
His Excellency, Governor Bullock :
Sir: The undersigned, appointed by
your Excellency as members of the
Board of Visitors, to attend the examin
ation of the graduating class of the State
University, respectfully submit the fol
lowing report:
The Board entered upon its duties with
an honest intention to make a faithful
report as to the subjects committed to
them, giving praise, or censure, as either
might be deserved. This was deemed
especially necessary, as while there has
been much interest in, there has beeu
much ignorance as to the condition of the
University since the war. We confess as
Georgians that the result of our examina
tion has surprised, as much as it has grati
fied us.
The mode of examination in the Uni
versity lias undergone an entire chauge.
Formerly it was oral, and in many re
spects objectional. Now it is wholly
written. The young men of the gradu
ating class are assembled in the examina
tion room. They are required to give a
pledge of honor that they do not know
tlie questions to be propounded. They are
not allowed to converse, or to leave the
room. They are allowed from 9a.m. to 1
p. M., to write their answers. No books
are permitted. These questions were ex
tremely full, as will appear from the
printed copies, which we have the honor
herewith to submit iu connection with
this report.
The answers covered from twelve to
twenty-three pages of foolscap paper. An
examination more fair, honest, and thor
oughly searching, never has been witness
ed by us. The examination evinced a
thorough acquaintance with the cirrieu
lum of the University, which is a full
accademic and literary course; a wider
scope of literary culture than we have
before seen on similar occasions ; a high
er grade of average scolarship and a most
remarkable facility of writing on demand,
combined with fluency and accuracy of
expression with the pen, an acquirement
of great value to the student. The exam
ination evinced one fact vital to the pros
perity of literary institutions, the exist
ence of an “enteiute cordiale” between
the professors and students, a fact which
alone can accouut for the accurate and
varied scholarship, as well as the quiet,
order, aud gentlemanly deportment of
the pupils. The chairs of rhetoric and
modern languages, have been recently
filled by gentlemen eminent in these de
partments. The Faculty, as now organ
ized, is one of singular ability and zeal.
Asa result of this visit, and after labo
rious examination into the whole details
of the University, the Board take great
pleasure in giving it as their opinion, that,
so far as sound morals, moderation in ex
pense, and completeness of education for
literary aud professional life, are involved,
no institution on this continent, aud very
few in Europe, offers greater inducements
than our State University. We see no
reason why a single youth of Georgia
' should be sent out of the State to obtain
the form of education to which we have
referred.
The institution is now working to its
utmost capacity. Yet, while the literary,
academic and scientific courses are full
and complete, we are pained to confess
that the University is necessarily deficient
in the meaus of applying the sciences to
the wants and emergencies of the present
day. We need educated merchants, far
mers, engineers, miners and mechanics.
The present funds of the University will
not allow such an application of science.
The board cannot refrain from expressing
to your Excellency their earnest desire,
and, as they believe, the earnest desire of
thoughtful Georgians generally, for the
establishment of several schoolsof applied
science by the Htate. For instauce, a
school of science applied to manufactu
ring, mechanics ami mining at Atlanta;
a commercial school involving the princi
ples of commercial law at Augusta or Ma
con ; and a school of agriculture at some
healthful and eligible location. We have
already a school of engineers at Athens.
It is believed that the cities would
furnish a large portion, if not all of the
funds necessary to inaugurate these sev
eral schools. All of these schools to be
u tuJer tWo BuparviAifin of tiio ( !]i>*n -
eellor of the University, and through him
of the Htate. An annual exhibition of
the result of the training in these schools
before the Legislature, would not only in
form the State of the progress of its youth,
but would bring the University in all its
departments into aitive and ultimate
union with the people of Georgia.
AH of which is respectfully submitted.
M. H. Henderson, D. D.
P. M. Shiebley,
W. J. Scott,
G. W. Howard.
LETTER FROM INDIAN SPRINGS.
Indian Springs, July Ist, 1869.
Dear Journal and Messenyer :
Without accident, I arrived here Tues
day, and found, as is always the case, a
hearty welcome by all of the good people
hereabouts.
I am much indebted to the gentlemanly
proprietor, (Mr. Greer.) of the stage line
from Forsyth to this place, for many acts
of kindness, and I take pleasure in com
mending him and his line to the public.
There are, comparatively, few visitors
here at present, but the landlords are
making preparations for a large number
after the different college commencements
are over. Just here I will call attention
to the gentlemanly competition between
Mr. Elder, of the “Elder House,” aud
Messrs. Colliers & Cos., of the “Mclntosh.”
They are both splendid houses, and no
town or city, can boast of better fare. All
pleasure Beekers stop at the “Mclntosh”
while Mr. Elder makes his house a home
for invalids and families.
There are several new places of amuse
ment iu tlie village, among which I may
mention the “Velocipedeßink” owned by
one of our townsmen, Mr. J. J. Clay, a
new billiard saloon, and last, but not least,
the splendid bath house, under the super
vision of Dr. Hunter, who is ever ready to
administer his cold water practice to all
wliofavor him with a call. His bath
room is 40x60 feet large, about four and a
half feet deep, and supplied with pure
cold spring water. Col. Lamar, of Macon,
will also have anew bathing apparatus in
a few days, of which I will speak more
particularly when he gets it ready. I
found here my old friend, Col. C. W.
Hancock, of the “Sumter Republican,”
who is the same old “Charlie” as when at
home, or elsewhere.
Yesterday afternoon he and I visited
Dr. Hunter’s bath, and your sides would
have split had you seen the many antics
performed by this same C. W. I declare
no one that I have heard in a long while
can yell as lustily as he, but he took it like
a man, aud laughed at bis own efforts to
swim as heartily as all present. There
have beeu hut one or two arrivals since
your letter from "Sumter,”of the 28th, aud
therefore I will not repeat what has al
ready appeared in your columns.
The crops were never iu a better condi
tion, nor the stand for cotton more prom
ising. I am sorry to say, however, that
I counted only five corn fields, and they
were small, from Forsyth to the Spring.
In conversing with several farmers, they
were all of one opinion that it was more
profitable to pay $2 00 fdr corn, after
getting 25c. for cotton (?) than to raise it.
I tried to make them understand that it
was a mistaken idea, but it was "no go,”
for the more I talked, the farther they
were from being convinced, so I will drop
them to find for themselves the “error of
their way.”
I find here Rev. Mr. N. N. Edge, who,
in addition to pastoral charge, has quite
an extensive stock of assorted goods, and
is doing a large business. He is a gentle
man of great energy, and deserves suc
cess. Your pleasant countenance is al
ways greeted in the most affectionate
manner by all. Every one speaks encour
agingly of your future prospects, and
admit now that you are second to none in
appearance aud usefulness. “ Long may
you wave.”
I have written about everything here,
now but. promise to keep you posted in
the future, at least so long as I stay. So
good bye. “ Cui Bono.”
Hon. B. H. Hill as a Farmer.—The
Atlanta Intelligencer, of Saturday, says:
"We had the pleasure of
the Hon. B. H. Hill, on yesterday. Mr.
H. informed us that he bad just been
down on his plantations in Lee, Dougher
ty aud we believe Baker; that he will
make corn sufficient to do him for two
years ; that his hands are all working
well ; and that his prospects for a fine cot
ton crop is very flattering; and that the
crops generally down the country are
promising.”
—ln swallowing a joke look out for the
points as it goes down-
GEORGIA JOURNAL MD MESSENGER
STATE NEWS.
Fatal Affray in Scriven.— We learn
from reliable gentlemen who reside in the
vicinity, that a fatal affray occurred near
Mobley’s Pond, iu our sister county of
Scriven,on the night of the 21stinst., which
resulted iu the death of a negro named
Geo. Washington. The circumstances,
as related to us, were as follows : On the
eveuing before, at Burton’s Ferry, on the
Savannah River, a crowd of negroes
threatened to lynch an Irishman, by name
Michael Hannayssy, who kept a grocery
in the neighborhood, and who had beeu a
soldier in the Union army. Hannayssy
escaped and reached home. Soon after lie
was informed that the mob intended to
pursue him. Barring up his doors, aud
opening loop-holes for his defence, he
awaited the attack. The mob at length
assembled in a grove near Haunayssy’s
bouse, and sent forward a detachment of
five, led by tlie negro George Washington.
They first attempted to break down the
door, but failing iu this, the negro, Wash
ington, cried out to his comrades to set fire
to the house.
At this moment Hannayssy shot the
negro Washington, killing him instantly.
His confederates sought safety in flight,
but while in the act of escaping, two of
their number were wounded. Hannayssy
surrendered himself to the proper authori
ty, aud, upon a full investigation of the
fact, was discharged.
[ Waynesboro Sentinel, 30 th.
The Oldest Man on the List.— Jack
Jones, colored, residing on Fahtn street,
aged 103 years, appeared before the Clerk
of the City Council a few days ago, aud
registered his name, and is now prepared
to vote for Mayor and Aldermen at the
ensuing election. We would advise
younger men to go and do likewise.
[Savannah Republican, Ist.
The Adkins Murder. —A committee,
composed of Republicans aud Democrats,
and also relatives of the family, petitioned
Mrs. Adkins to give the names or name of
the murderer. She failed to answer the
petition! The committee waited upon
the family, and pledged themselves to ar
rest any one they should designate as
guilty of the crime, hut Mrs. Adkins, who
was within a short distance of the house,
refused to see the committee, and tlie
daughters abruptly declined giving them
any information !
Did ever a community do more to aid
in ferreting out a crime? And was ever
name of a murderer more tenaciously
withheld from the officers of the law ?
There is a large number of troops here,
sent for the purpose of investigating tlie
whole affair. The "appeal” is answered.
The United States send her soldiery to
protect them, and the State her Attorney-
General to advise and defend them. Still,
they hold the dying declaration of hus
band and father locked up in their own
hearts, and the murderer goes uuwhipt of
justice.
We now ask, aud call upon the press to
echo the interrogation : Wiiy are not the
guilty parties made known ?
[ Warrenton Clipper.
The Survey Reaches Cuthbert.—
We have barely time before going to press
to announce that Messrs. Harkie and
Crews, with the surveying corps of the
Bainbridge, Cuthbert and Columbus
Railroad, will reach town about 12 M.,
to-day. They will probably cross the
railroad at a point near the residence of
Mrs. Thornton.
Another route on the east side of the
city, however, will be run, and the most
eligible adopted after actual survey.
We would exhort property holders to
be liberal in the matter of concessions as
to right of way. Capt. Tumliu, who, it
seems, managed to extricate himself from
the briary dilemma where the Bainbridge
papers left him, informs us that the sur
vey has varied but little from an actual
air-line, and the topography of the coun
try is very favorable. We are requested
to state that the survey will reach Lump
kin on the 10th inst., and on the same
day a meeting of the Board of Directors
will be held in that village, together with
a grand railroad rally of the people of
Stewart.— Cuthbert Appeal, 2d.
A Strike. —The Confederate Cemetery
hands have been on a “strike” for higher
wages. Railroad contractors have made
laboreis scarce in tiiis vicinity, and these
colored individuals being aware of tlie
fact, thought it was time to take advan
tage by demanding their own price, and
immediately made a "strike,” leaving tlie
Superintendant without any one to bury
tlie large uuinber of dead bodies that had
already arrived. The Superintendent did
not accede to their demand, and conse
qTiemly tliCSe Wouhl'-be-regulators of tiie
price of labor are promenading tlie streets
in their “good clothes,” enjoying peace
and freedom.— Marietta Journal, Ist.
The Wheat Crop.— The wheat pro
duct of 1869 has seldom been equalled.
Abundant crops have beeu produced in
the West, and in the South the yield was
never better. Prices in Tennessee rule at
about $1; in North Georgia, at $1.50; in
tiiis vicinity, at about $1.25. Os course
prices will remain uuseltled until tlie
crop comes in more freely.— lbid.
Rain and the Crops. —Fine seasons
continue in this section, and crops are
doing well. Many planters report their
corn beyond a casualty, aud as good as
ever grew. Cotton is all that the most
greedy could desire, but its trying ordeals
are to come yet. A wet summer, the worn!
aud tlie caterpillar pay prove disastrous to
the present splendid prospect
[Albany Hews, 2d.
Heat and Health.— The heat has
been so iuteuse here for ten days past that
thermometers fail to indicate the degree—
tlie mercury pushes the top off and rises
above the (igures.
The health of the city, nevertheless, is
all right—never better; aud from the
plantations we hear gratifying accounts—
no sickness.— lbid.
A Mammoth French Squash.—Mr.
Anderson Leslie, or Troup Factory, sent
to this office oti Tuesday last, a monster
squash, measuring four feet in circumfer
ence, aud weighing thirty-two pounds!
We don’t know wbat to say about this
vegetable, except that it is the king of the
vegetable kingdom. It excites wonder!
Branuou, of tlie Hims House, who wants
all the good things for his guests and
boarders, was after our squash with hot
desire.— LaGrange Reporter, 2d.
Sudden Death.—Mr. Walker Dunson,
living at Liberty Hill, Heard county, near
the line of this county, died very suddenly
on Tuesday night. He was an old and re
spectable citizen and his death is much
regretted.— lbid.
801 l Worm. —Dr. Baugh exhibited to
us the other day several cotton squares cut
oft' by the boll worm, which has appeared
on his and other plantations.— lbid.
Progress of the Houth Georgia
and Florida Railroad.— The first train
load of iron for tlie above road arrived at
Thomasville, from Havauuaii, on Saturday
evening last, and the work of track laying
commenced near the Thomasville depot
yesterday morning. We expect to visit
Ockiockonee railroad bridge on the train
in ten days from this date, and promise
our Mitchell county friends to visit them,
by train at Camilla, in the early days of
October. — Thomasville Enterprise, Ist.
Sudden Death.—Columbus Stegall,
sou of our fellow-citizen Maj. Wm. Ste
gall, died on Monday morning last at his
father’s residence iu Thomasville. He
was a promising young man, just enter
ing the sphere of manhood, and his sud
den and unexpected death fouud his fam
ily unprepared for the calamity. He was
apparently in good health on Friday, and
a corpse on Monday morning from brain
fever, originating, perhaps, from too much
exposure to the sun at this warm season.
II bid.
We have heard $1.25 offered tor good
wheat. That is a low opening, but a
gradual decrease is certain. Oats will
probably equal the wheat crop. If sea
sons continue favorable, an abundant
yield of corn will bless our section. It is
only worth eighty-five ceuts now.— Dal
ton Citizen.
Dalton and Morgantown Rail
road —Mr. Edward White, President,
and the Chief Engineer of this road, are
out on a reconnoisance of the route for a
couple of weeks, when the plans will be
drawn aud au early survey commenced.
\Jbid.
Strange Accident.—Mr. Jacob Burn
hard. residing in the edge of Henry
county, about six miles from Griffin, had
a strange accident to befall him last week.
His fine mare and colt were grazing in a
lot where there were several beegums.
The mare accidentally turned over one of
the gums, and the bees attacked her im
mediately. Mr. White, the miller, tried
in vain to drive the mare from the spot.
In the effort he was severely stung, but
could not move tbe animal, who was stung
so badly that she died in an hour The
colt died soon afterward.— OriffinJStat,^hl
Railroad Matters.—' The Directors of
the Griffin and North Alabama Railroad
held a meeting here yesterday, and made
some arrangements for commencing large
operations on the road very soon. We are
still in hopes of the completion of the
road to Newnan by the Ist of October
next.— lbid.
A terrible storm, accompanied with a '
perfect deluge of rain, passed over farmers
in Pike county, adjacent to Flint river,
last week, doing great damage to tlie crops.
Among the sufferers were C. R. Wilson,
William Beeks, aud Capt. *D. D. Peden.
The land was badly washed, aud the cot
ton greatly injured. Mr. Wilson savs his
will be at least six or eight bales.— lbid.
The Bolt. Worm. — We regret to learn
that tiiis most destructive pest lias ap
peared in force on several cotton planta
tions in Newton county. It isapprehend
ed from their early appearance, that they
will be very destructive to the crop this
year. Is there any remedy known which
will avert tlie threatened calamity ?
f Covington Enterprise, 2d.
Macon and Augusta Railroad. —*
Mr. George H. Hazelhurst, one of (he
parties in whose hands the building of
this railroad hadbeen placed, informs the
Augusta Chronicle & Sentinel that work
will commence on it within a few week’s
time. A large force of laborers has been
secured, and will be put to work at once
on the wholo of the unfinished portion of
the railroad, which lies belweeu Macon
aud Milledgeville. The work will be
pushed forward as rapidly as possible, in
order to secure a portion of the Jones
county cotton crop.
INGENIOUS ATTEMPT TO ESCAPE FROM
PRISON.
From the Providence Journal, June 24.
Charles Williams, who is now iu priton
awaiting trial for burglary, and who re
cently made an inisucces-ful attempt to
escape, tried another attempt to accom
plish his purpose on tlie 21st inst. Siuce
his first effort he has beeu constantly con
fined to his cell, except wheu bathing or
taking exercise iu t lie yard. On one of
those occasions he had obtained a rusty
piece of an old saw file, which lie used in
constructing, out of some of tlie furniture
of his ceh, a machine for opening his
door. First lie made a saw of a piece of
the iron of which his bed frame was con
structed, with which saw tie could cut
wood. Then taking a board forming a
shelf, he split it iu pieces at right angles.
Holding one end of tiiis in his hand, lie
could thrust the square through inter
stices of the bars of iiis door, which sets
iu a recess iu the wall, aud turning (lie
instrument down he could bring tlie angle
on a line with tlie key-hole on tlie out
ward side and eighteen inches from tlie
inside of the door. Next lie made a key—
an improvement on bis former one—from
a piece of thick tin taken from his ration
dish. Wheu new the ration dishes have
two handles, hut as they get old many are
used with one handle.
He iiad observed this and taken a han
dle with a wire iu it—the fact not being
noticed wheu the dish was removed. This
key he made bad a wooden pulley on the
shank, aud a string of threads pulled from
his clothing was wound in the groove of
the wheel. Tlie string passed to tlie angle
of the square around a pivot and along
the angle held iu his hand. The whole
being completed, he put out his apparatus
through tlie grating, felt for tlie keyhole
by moving his machine until the key en
tered. But tlie key did not tit well, and
when he pulled the string attached to tlie
pulley he broke tiie shank of the key,
leaving a portion of it in the hole. An
officer observed this anil also heard Wil
liams exclaim wheu they broke, “Calam
ity ! I’m up in a balloon ! It is all over ;
the d—n tiling lias broke."
At this moment a prisoner passed his
cell, to whom Williams whispered, "For
God’s sake puli that key out.” His cell,
however, was then examined. The ball
aud chain bad beeu removed from bis leg
iu a mauuer truly iugeuious. A piece of
hard wood from his stool was fitted to tlie
bole in the leg iron, aud a hole was made
, in this a little smaller than the screw,
| the end being served witli a black
i linen thread. When inserted and turned
| a thread was cut strong enough to pull
the string and unlock tiie irons.
Tlie ingenuity displayed by Williams
I has seldom been equalled in tue history of
: prison escapes. Remarkably observing,
’ he readily adapts means to euds, aud
i seems to make everything subserve his
I purpose. Havitig nothing in his posses
j siou in the shape of tools but the rusty
: piece of an old file, everything else need
; ed was made from articles iu his cell. Al
though sixty-eight convicts use similar
i articles iu their respective cells, yet tiiis
man gives the officers, in his persistent
efforts to escape, more trouble tbau all the
other prisoners. His intention on this oc
casion was to secrete himself outside of
bis cell and attack the officer oil duty at
uiglit, and. with the view of deceiving the
watchman as he made his rounds, Wil
liams nau arranged a stunvm figure
j bed, using for the purpose, his drawers
j and some straw, putting his boots on the
I legs of tlie figure and attaching to it the
1 ball aud chain from which lie had so
’ successfully cleared his own leg.
UVsTANUKK OP St'CUEWK IN NEW YORK.
A New York letter writer gives poor
clerks, and others in like circumstances,
the following encouragement:
It was said of Lord Nelson that he
eventually became captain of the same
ship in which he first entered as mid
shipman. The event is so rare that it
was made a matter of special note. We
are reminded of this by the election of
Thomas Dickson to the Presidency of tlie
Delaware and Hudson Canal Company.
This is one of tlie largest coal corpora
tions in the Union, Wielding a capital ot
$30,000,000, and owniug more than two
hundred miles of canal and railway, be
sides thousands of acres of coal laud.
More than forty years ago a poor Scotch
machinist sought work in the company’s
shop, in Carbondale. He ’.was an excel
lent mechanic, and remained in this ser
vice until his death. Hissons fouudem
ployment with the company, and one of
them has gradually risen in a remarkable
manner. He was made coal agent, aud
then elected Vice President, and last
week assumed tbe Presidency of that
great corporation where his father served
with file and cold chisel. Mr. Dickson is
about 45; his salary will be about SB,OOO.
We have some other instances of a simi
lar kind, which, though of lesser import
ance, carry a lesson of the value of patient
application. Here is Oscar Dike, a man
of very plain and unattractive appearance,
who entered Nicoll’s tea warehouse as
clerk twenty years ago, and is now the
chief man of the firm of Townsend,
Church & Dike, who succeeded Nicoll,
and who are now doing an immense busi
ness. Going a little farther up street, we
reach Exchange Place, where we note the
tall and commanding form of Solon
Humphreys. Twenty years ago, when
Solor: Humphreys was a stripling from
Hartford, he entered the service of E. I).
Morgan & Cos.
Our next Tax Commissioner, George H.
Andrews, affords another illustration.—
When first we knew him he was a slen
der youth who earned a small weekly sti
pend iu the office of the Courier and En
quirer. He eventually became the con
trolling mind of that journal, and had he
been its entire owner it would have had a
different destiny.
There, too, is Jeremiah Quinlan, whom
once we knew as a ragged Irish boy, em
ployed by Andrew Ross, the glassware
man, to open boxes. “Jerry,” as he was
called, became the chief man in the con
cern, and has taken the business, which
he carries on in a large warehouse. The
late Bernard Graham also affords a
striking example. He was a poor Irish
laborer, and as such obtained a porter’s
situation in the great shipping house of
Peter Harmony & Cos.
From this humble beginning he rose to
the supremacy of the firm, which at the
time was the largest importing house in
this city. William H. Swan, who com
menced witli Grinnell, Mintern & Cos., in
1849, is now the leader of that concern.
These examples show that perseverance
and ability may bring the humblest be
ginner to eminence, and they serve to
cheer the poor clerk iu his hours of de
spondency. Our poor clerks, indeed, need
some comforting thoughts, and if they
were not thus afforded many of them
would sink in despair.
The employes of the Southern Express
Company have organized under tlie style
of “Express Real Estate Association,”
upon the plan of the Loan and Building
Association now iu operation iu this city.
The organization was perfected yesterday
by tbe election of F. F. Coulter, President,
V. Dunning Secretary aud Treasurer.
The following Board of Directors was also
chosen : John M. Born, S. C. Hargis, It.
A. Pittman, and G. M. Roberts. The
purpose of the organization is a good one,
and we hope it will meet with deserved
success.— Atlanta Era , 3<i.
After Mr. Raymond’s death, there was
Jounjtl his desk an unfinished ed
itorial paragrapjjj'eferring to Major-Gen
eral McDowell, probably'-tiiy Inst words
that flowed from his pen. lK4i£eak» off
abruptly, leaving tbeseuteuce
as if the writer had been suddenly inter*'
rupted at his work aud called away—a
sadly suggestive incident.
—Victor Hugo says: “All existence re )
sembles a letter which the postscript mod
ifies. ”
THE LEGAL STATUS OF THE EXPKLI.EO (
NEGRO MEMBERS OF THE LEGISLATURE.
Lctlqfc_frow H<"» A. 11. Stephens.
Liberty Hall, ) I
Crawfoedville, Ga., June 29, 1869. / j
(Jen. IP, 4. Wrtjht , VhronUg <fc Sentinel Ojffice, i
A'tr/itKtJ, Go :
Dear SIR: Your letter of the 21st inst.
was duly deceived, but it found me in
worse conJFtion physically than I have
been for seyerai weeks. This, with other
pressing correspondence, has prevented
me fromjfljljcig you my opinion upon the
questiorij^fcjutided sooner.
I brief. Indeed there is no
necessity n>r any exteuded views. The ar
gument is already exhausted by you, your
neighbor of the Constitutionalist, tlie
Constitution, at Atlanta, the letter of
Judge Fleming, and the communication
of Tully in your paper, some days ago, to
sav nothing of the labors and productions
of others. Butin what I have to say.it
is proper to premise by stating that I be
lieve the decision of the Supreme Court
on the question of negro eligibility to
office m this Htate to lie in accordance
with the law and constitution which were
their guide. Had I been on the Bench I
should have come to ihesame conclusion
under the same law and constitution, that
a majority of the Court did, though not
exactly by the same process of reasoning
pursued by these learned J udges. Tiie re
sult of my judgment, however, would
have been the same.
I thought the two Houses of onr General
Assembly committed an error in deciding
that those members who bad been elected,
aud returned to their respective bodies
with ati eighth or more of African blood,
were thereby disqualified to bold seats in
the Legislature under tiie laws and con
stitution of the Htate as they now stand.
But it was a question which tney alone —
each House for itself—had the right aud
power under the constitution to adjudi
cate and determine. By the constitution
of tlie Htate, each House is made the sole
judge to decide upon election returns aud
qualifications of its members. This que
lion of eligibility and qualification to hold
office, on the p.trt of this class of persons,
who are elevated to the status of citizen
ship by tlie present constitution of tlie
State, 1 knew was one not free from doubt,
one on which able and true men might
and did differ. Therefore, while 1 thought
the decision was erroneous, I also thought
that all chargee against these Legislative
bodies upon the grounds that their judg
ment bad been made from captious aud
factious motives, were altogether unjust.
This now clearly appears from the able
dissentient opinion of Judge Warner, an
emident jurist of tlie Republican party,
who still maintains, after all the discus
sion since had, that the decision of
the Houses wa« right. Men on both sides,
therefore, should learn to be more chari
table in their opinions of the motives of
men in the discharge of public duties.
But your question to me is, what effect
'.bis decision of the Supreme Court, now
rendered, can have upon the ea-es of
those members who were decided by tlie
respective Houses of the Legislature not
to be qualified to hold seats therein ?
Will i: lie to reseat those excluded mem
bers,or are they legally entitled to be re
seated thereby ? To this there can be but
one legal aud judicial answer, that is, no!
These cases have been decided by the only
tnbuua! having constitutional jurisdic
tion over them, and having beeu decided
they Cannot be agaio opened even by the
Houses who decided them. Their judg
ment. after being finally rendered, cannot
be again takeu up or reversed by them
selves, any more than the Supreme Court
itself can go bac k to tlie docket of last
eessir and reverse any of its own judg
lueuis then rendered to the unsettling of
the rights of the parties therein adjudi
cated. Much less can this judgment of
tlie Supreme Court legally affect iu any
way the action of the two Houses in tiie
premises. It can have no binding or ob
ligatory effect whatever upon the past or
future action of the Houses of the General
Assembly upon the question involved, for
by the constitution, us stated above, each
House is tlie sole and exclusive judge of
this question, so far ns membership of
their respective bodies is concerned, for
all time to come, or so long as tlie consti
tution shall remain as It is ou that point.
No change, it is presumed, will ever be
made in it in this particular,for itls In strict
conformity witli that universal law in ail
' representative governments whenever aud
wherever established, either civil or eccle
siastical, by which the B ole power to de
cide absolutely upon the qualifications of
“•“AuJkbers u s the* bodies is
anirfi<ffti>een, witnout exception, I believe
vested in those bodies tfeemselves. From
their decision there i.« no appeal to any
other tribunal, and from the very ualure
of the subject there cannot properly be.
This power, like all other delegated pow
ers, lias often beeu very grossly abused iu
this as well as in other countries. It lias
been grossly abused repeatedly , perbapsby
one house or the other of the Legislature,
iu every Htate of the Union, as it has un
questionably often been most grossly
abused by Congress. Its gross abuses in
the British Parliament are well known
by students of history. Still this arrange
ment in tlie distribution, of tiie powers
of government is tlie only one, or
the best one, yet discovered for keep
ing separate, distinct and perfectly inde
pendent of each other, the three great
Departments, to-wlt: The Executive,
Judiciary aud Legislative. Monstrous as
the doctrine seems to some, yet it lias
come down to us stamped with the wis
dom of our ancestors alter the experience
ot centuries.
This sole power to decide on the election
returns and qualifications of the members
of each House, which is vested in it by
tlie constitution, is, however, by no means
ati unlimited power. Because there is no
appeal from its exercise, this by no means
justifies a capricious or illegal decision un
der it. it is a power of great trust to be
exercised as all other judicial powers are.
Each House iscoustituted a judge for the
purpose—this Court so constituted is to
hear and decide both tbs le w and the facts
in each case as it coaues before them.
First, to hear the facts and then apply the
law to them. In forming their judgmeut
upon tiie Jaw aud the facts, they are to be
governed by the same general principles
which govern all other courts iu arriving
at truth, right and justice. Their decisions
when made iu any case stand as the deci
sion of all other courts, from which no ap
peal or writ of error lies. This is the law
of the case.
But how far members of the Legisla
ture might very properly he influenced
(iu deciding doubtful questions of law in
volved iu the legal qualifications of those
elected aud returned to the respective
Houses) by the judgment of the highest
judicial tribunal iu the State upon the
same questions in all other ollices of the
State, is a very different question. My
opinion is, that in aij doubtful questions,
or where their own convictions are not
both clear and strong, they should be in
fluenced, but not otherwise. Tlie two
Houses of our General Assembly at the
last session, I have been informed, con
curred iu a resolution submitting this
question as one on which they had doubts
to the Supreme Court, with a pledge to
conform to the decision of that Court iu
their action. How this is Ido not know;
but, if my information is correct, it cer
tainly relieves them of all imputation of
improper or factious motives in their first
actiou.
The effect of the decision now rendered
under that resolution, would be a require
ment of them in ail future like cases
which may come before them, to decide,
in accordance with the principles estab
lished by the judgment of the Supreme
Court. This is all the fulfillment of the
pledge that they can legally and constitu
tionally render. This, I think, the same
Judges who made this decision would, if
inquired of, pronounce to be a right view
of the subject. Yours, most respectfully,
Alexander H. Stephens.
A Rot, and for an Oliver.— The Rev.
Rowland Hill used to ride to and from
church in a carriage. This gave offence
tooneof his members at least, who went
so far as to hand iu, among the notices,
one requesting “the prayers of this con
gregation for the pastor, who, yielding to
pride, is in the habit of riding in his car
riage, not content, like his Divine Master,
to ride an ass.” It was not until Mr. Hill
had read the paper, and observed the sen
satiou created, that he noticed its import;
and then laying it down he said ; “It is
true, brethren, I ride in my carriage; but
if tbe author of this notice will appear at
the door at the conclusion of the services,
saddled and bridled, 1 will do my beat to
ride him home.”
Carpet-Baggers Stumping Virginia.
Forney, Senator Nye, of Nevada, aud E.
C. Carrington, a renegade Virginian, who
stole D. W. Vhoree’s private papers dur
ing tlie war and is now holding a fat of
at Washington City, are down iu Vir
ginia stumping it for Welles. Nye has
many tight places before—he is
an New York politician
hut nevHs r was he sandwiched so disgrace
fully befo*"**
A ROMANTIC HISTORY OF A “DESPBHIDO.’
From Uie Bt. Louis Republican.
A highly colored account of the doings
of a noted character, Bara Hilderbrand,
and his desperate resistance while an
attempt was being made to capture him
by the sheriff of Washiugton’eounty and
a large posse of men, in which one man
was killed and the sheriff and several
others wounded, was lately circulated.
Facts, as related by those cognizant with
his history, show that ho was driven to
desparation by tin- injuries received from
those claiming to be Union men, that lie
has in a measure taken redress Into his
own hands, with a determination of
avenging his wrongs.
At the outbreak of the war, in 1861, Sara
Hilderbrand and his brother, Frauk Hil
derbrand, it seems, were accused of steal
ing from some of the citizens of St. Fran
cois county. A baud of men were or
ganized, who captured Frauk Hilderbrand,
took him out aud hung him. They cov
ered up tire body in a ravine.
Bam Hilderbrand suspected Firman
Mollvaiue, a mere youth, and son of Mr.
Orville Mollvaiue, now of this city, to
have been the leader of the band who
bung his brother. He determined to
avenge his brother's death, ami, discover
ing young Mcllvaiue at work in the har
vest field, cradling wheat, he shot him
dead. This occurred the same season that
his brother was hung. Hilderbrand then
abandoned his home, and became a des
perate leader on the Con federate side. Ills
operations extended from the Arkansas
line to St. Francois county, and many per
sons were killed by him during the war.
After his name became famous as a parti
san leader, Governor Fletcher offered a re
ward for his capture, on the charge of the
murder of Mcllvaine, and rewards were
also offered by the citizeus of St. Francois
and Washington counties. A number of
Hilderbrand’s partisans united in offering
the reward, to save themselves from being
distrusted by the Union men. lint tie
evaded capture. He boasted that, with
tweuty feet the start in the bush he would
bid defiance to a regiment of men in
pursuit.
About this time a German company,
supposed to belong to Col. Mueller’s regt- ■
merit, posted at Cadet station, followed in j
pursuit of Hildebrand, but the latter elu- ;
ded them. 1 hey went to the residenc of j
his mother—an old woman—located on j
Big river, eight miles from Blackwell sta
tion, and asked for Bam Hilderhraud, and ;
not fiodiug him, they ordered the old
woman and her daughter to leave the i
premises. They then set fire to the house, I
and shot a younger brother of Hilder- j
brand, 14 years of age, named Henry, who ;
was ordered by ills mother to stay behind i
and save what lie could from destruction. !
The men then look what pluuder they
wanted, let down the fences, aud drove
the stock away with them. Hilderbrand
has, since the war, made one of the citi
zens deli ver up to him some of the cattle
taken on that occasion. 'I lie party then
went to the La Grave lead mines aud cap
tured Washington Hilderbrand and a man
named Landusky, aud, taking them out
into a lane about 100 yards from the shaft
where tHey bad been at work, shot them.
Washington fell at the first fire, but Lan
dusky was fired at nine times before be
fell. This occurred on Friday, and Lan
dusky was to have been married to a sister
or Hildebrand (the same who was driven
from the house with her mother) on the
following Sunday.
These circumstances embittered the
heait of Hilderbrand, and he doubtless
registered a vow to avenge wiiat he re
garded as the ould-hlooded murder of his
relatives.
At the close of the war he went to Texas,
and returned to Bt. Francois county a year
ago in poor circumstances. He gave out
that he wanted to settle up his mother’s
estate, from which lie expected some S3OO
or S4OO. Poverty drove him to engage in
hard work. He chopped cord-wood for a
time at Hush Tower Beud, some SO miles
below Bt. Louis. One day he went to De
goto, and a friend who was with him
asked Col. Bill Fletcher if he would like
to see Hilderbrand. The colonel replied
ttiat lie would shoot him at sight. Hilder
brand then tapped Fletcher on the shoul
der, aud said he was the man. Fletcher,
it is said, forgot his brave words, and
promised to iet Hilderbrand alone, if tbe
latter would do the same by him.
Tiie following incident is related: Bince
the war Hilderbrand was shot through the
leg by Jack Smith, and his wounds were
dressed by a woman who afterwards mar
ried a man who squandered all her means.
He then left bis wife and lived with her
ueuro servant in Arkansas. Hilderbrand,
stuDg with reseutmeut at tbe way in
which the woman who attended him
while sick wa-t treated, went with a few
men, and tying the man and negress
together, fiuug them into the river. For
this act Hilderbrand was sentenced to be
hung. Before tiie time of execution, 200
men, clothed in federal uniform, went to
the jailor aud demanded that the prisoner
be given to them. The jailor supposed
the object was to lynch him, instead of
which they put him on a horse and lie
made hiseseane. Hilderbrand is described
asof tall slender form, sharp features, gray
eyes and red hair. He has a feminine
voice, steps as lightly as an Indian, and
can clearaseven-rail fence with tbe agility
of a deer. Like Scott's Rob Koy Mc-
Gregor, be possesses boldness,sagacity and
prudence, qualities highly necessary in
war, which become vices when misdirect
ed. His father was a farmer in rather bad
repute, and bis mother died of grief after
tbe massacre of her family. l
A BIG “JOB.”
The Great Robbery i>r the Ocean Bank of New
York-Hold and' Ingenfoim Burglary - Nearly
(it.MMMMHI in Booty Obtained—A Firat-claaa “Ope
ration.
The New York Commercial Advertiser,
Os Monday evening, says :
The neighborhood of the Ocean Hank,
on the corner of Fulton and Greenwich
streets, was the scene of the wildest ex
citement from an early hour this morning,
when it was ascertained that the bank had
been robbed. The intelligence gradually
spread throughout business circles, as the
news spread, and the most improbable ru
mors gradually became rife as to the
amount taken anti the probable effects of
the loss on the stability of the batik.
Starting at $300,000. the loss was gradual
ly increased by different narrators to over
$2,000,000. The result was almost a panic,
and it was found necessary to Btatiou a
policeman at the door to keep back the
crowd, and also to post a notice on the
front of the building stating that the loss
to the bank would not exceed $20,000.
The facts of this, which is one of the
most ingenious burglaries we have been
called upon to record in a long time, are
as follows, so far as can be ascertained:
The basement under the bank is occupied
by Mr. William Okell, a broker, who some
two weeks ago rented office room in the
rear of his office to a party who gave the
name of Charles K. Cole. This portion of
the basement is immediately under the
President’s room of the bank, and through
the ceiling of this an opening was made
large enough to admit the passage of a
man, coming out just behind the desk
usually occupied by the President. On
Saturday night the bank was closed, as
usual, by the porter, who sleeps iu the up
per portion of the building, and was not
again visited by any one, except the
thieves, until six o’clock this morning.
In the interval thus afforded, the Presi
dent's room was entered through the
aperture described, aud the vault opened.
This vault is defended by an outer door
fastened with a combination lock which
was unlocked or picked, it bearing no
marks of injury. The keys to the second
door hung just inside the first door, and
the thieves made use of them.
The third door was pried open by means
of a powerful screw, the force exerted be
ing sufficient to depress the floor under
the door perceptibly. In the inner com
partment thus reached were two safes,
both of which were forced open, and their
contents overhauled. One safe contained
the boxes belonging to special depositors,
all of which were opened and “gone
through’’ in the most thorough mauner.
The amount obtained from this source is
not known, but was very large, and will
very likely reach nearly $500,000. One
man states that his box contained cou
pons, bonds, etc., to the amount of $50,000,
all of which was taken. No portion of
this loss falls on the bank, they not being
responsible for special deposits. Only
about $20,000, mostly in currency and
legal tenders, belonging to the bank, to
gether with about SIO,OOO in checks, pay
able to order, which cannot be used, were
taken. The thieves overlooked between
$200,000 and $300,000 in clearing-house
currency and other certificates, about
SIOO,OOO in gold certificates and other se
curities, which they were apparently
afraid could not be negotiated. There was
iu the vault somes3o,ooo ip gold coin, one
bag of which was taken out of the’safe
but left behind, evidently on account of
its weight. Mr. Okell had a box in the
safe with the other special deposits, which
was opened and ransacked, but only a
small amount taken from it.
The burglars left behind a magnificent
et of jimmies, crows, drills and other
tools, said to be worth over SIOOO, besides j
five hats, some coats, overalls, which they j
evidently did not expect to need any
more, having made a sufficiently good
haul, if they succeeded in getting away
with their booty. While the burglars
were at work in the basement, the win
dows werecovered with several thicknesses
of matting, dampened, to deaden the
sound. After they reached tbe banking
room, the old coats used by the clerks were
dampened and put in front of the win
dows. The utmostcautionanddeliberation
were used by the thieves. They weresup
plied with lunch, part of which they left
behind them, and various kinds of liquor.
DESCRIPTION OK TUB IMPLEMENTS USED.
The implements used by tiie burglars in
tiie perpetration of this bold robbery are
the most complete and remarkable that
have ever fallen into the hands of the
police of this city, and hasted to the im
pression on the part of the detective police
that the robbery was planned and carried
into execution by two or three of the most
! skilful bank burglars in the country. A
part of the detective police, on the other
hand, believe that the robbery was com
mitted by skilful English burglars who
have recently arrived in ibis country.
The tools found hi tbe hank this morn
ing comprise over four hundred separate
pieces. The augurs which were used in
boring through the ceiling separating tiie
bank from the basement are of tbe finest
steel and most beautiful finish. Besides
these there are crowbars, braces, files,
skeleton keys, drills, spikes, sledge-ham
mers and a jack-screw, used in forcing
open the door of the safe, that is capable
of raising one side of an ordinary house,
i Everything tliat could suggest itself to a
! burglar's mind as iikeiy to be of use—even
I to the small detail of abottleof machinery
I oil—was found in the place
i The burglars were also evidently pre
pared for a desperate resistenee in ease
| they were suprised at their work, asamong
j the effect left behind were two pairs of
steel handcuffs, several bowie-knives, a
j coil of rope to tie the person or persons
entering, and a box of cartridges,siiowing
I that they also carried revolvers.
ntCIHIONK OF THE SUMIKYIE COURT OF
GEORGIA.
Delivered at Atlanta, Tuesday, June 29.
Reported, F-xpressly for the Constitution, by
X. J. Hammond, Supreme Court Re
porter.
Eugeniu Clark, et at ., vs. Jeremiah Beil.
Motion to dissolve injunction and de
murrer, from Dougherty
McCay, J.
1. Whilst it is the settled rule that bills
in Equity must be brought in a county
where one of tbe defendants, against
whom substantial relief is prayed, resides,
this rule does not apply to bills for in
junction, etc., ancillary to suits at law. Iu
such cases the Court of Equity, of the
county, where the suit is pending, has
jurisdiction to enjoin the suit at law, and
also to grant relief, as to all matters in
volved in a proper settlement of tbe litiga
tion pending at law.
2. When B, C and D, were sued at law,
by A, who resided in a different county
from that in which the suit was brought,
and the defendants at law filed a bill,
charging that tbe suit at law was for the
recovery of the purchase money of a tract
of land lying in tiie same couuty, which
land had been sold to tbe defendants at
iaw and complainants in the bill by A ;
and tbe bill further charged, that at the
time of the sale, the laud was not in truth
the property of A, but bad before that
time become, in equity, the property of
E, the deceased sou of A, aud husband of
B, under a parol agreement, which was
partly performed, which equitable titie
bad been fraudulently concealed from tiie
wife by A, at and before the sale of the
laud to her and the other complainants.
Anil the bill further charged that the Lud
had been paid for under tbe parol agree
ment by E, with certain cotton made on
the place, which went into A’s hands,
and by certain trust funds in his, A’s,
hands, belonging to E.
Held, that the Superior Court of the
couuty where the suit was jiendiug had
jurisdiction.
Ist. To eDjoiu the suit at law. 2d. To
cancel the notes and deed made at the sec
ond sale. 2d. To decree a specific per
formance of the parol agreement, aud a
full settlement between the parties as to
all matters connected with the land aud
the cotton made thereon.
Held, further, that while said Court had
no jurisdiction to decree au account be
tween A aud the heirs of D, as to trusts
not connected with the land, yet it might
inquire how lur the trust funds had b en
used in the performance of the parol
agreement, and if the case made required
! it so, apply them to the extent shown by
i the proof, leaving a full and final account
| as to said trusts to tiie Court having juris
| diction of the defendant's person.
3. Where A sells a tract of land to B, C
and D, taking their notes aud a mortgage
| on the premises for the purchase money,
, and the vendees, afterwards sell to F, also
taking notes and a mortgage, which notes
and mortgage they place in A’s hands as
collateral security for their own debt for
the land to him, with power to A to col
lect, aud settle with F, and A takes t+ie
land from F, who is insolvent, and gives
lip ihe notes aud mortgage made by F at
a price less than tbe amouut of the notes,
and this without tbe consent of the origi
; nal vendees from him : Held, That A can
take no benefit to himself from this ar
rangement with F, and he is bound to
credit bis veDdees with the true value of
the land, or return it to them.
4 When the Court below sustains an ob
jection to a bill, for want of proper par
ties, which does not appear to have been
adjudicated by the Court below, will not
be decided by this Court, the presumption
being, that the Court below, if proper par
ties were made, would have permitted an
amendment.
5. When, as in this case, the injunction
to stay proceedings at law, is the principal
object of the bill, and a temporary injunc
tion has been granted, the Court ought to
dissolve the injunction and permit the
case at law to proceed, unless it clearly
appear, from the evidence before it, that
there is no case, proper, to be submitted
to a jury for a decree.
Vason & Davis, Hawkins & Burke,
Wright A Warren, for plaintiffs in error.
H. H. Hill for defendant in error.
Daniel H. Baldwin, plaintiff in error, vs.
Archibald Mcßea, defendant in error.
Motion for anew trial from Sumter.
Brown, C. J.
I. When a bill was filed for anew trial
in an action ot Ejectmeut, on the ground
that the witness, by whom the defendant
proved adverse possession for the legal
period, has since refreshed his recollec
tion, aud will now testify that he was
mistaken as to the time when the posses
sion commenced, and the bill was dis
missed for want of equity, and that judg
ment w ? as affirmed in this Court. A mo
tion for anew trial made at a subsequent
term of the Court, in the same case, on
the same ground, will not be entertained
by the Court. The question is res adjudi
c’ata. Judgment affirmed.
H. H. Hawkins, for plaintiff in error.
Jas. J. Scarborough by W. A. Hawkins,
for defendant in error.
VVm. A. Huff, plaiutifl' in error, vs. C. A.
Wright, defendant in error. Motion to
set aside judgment, from Sumter.
Brown, C. J.
I. The second section of the 7th article
of the Constitution of this State, as well
as. the act of 1866, has changed the relation
which married women bear to their hus
bands, so far as their estates are concern
ed, and vests iu them all property of which
they may be possessed at the time of mar
riage, contracted since the adoption of the
Constitution, and all property given to,
inherited, or acquired by them since that
date.
2. Under the Code, a married woman
may, as to her separate estate, contract
and be contracted with—except as to con
tracts of suretyship, etc,, and may, if she
have no trustee, be sued separately as a
feme sole.
3. The relation being changed as above
stated, the presumption is, when a mar
ried woman gives her separate note in the
purchase of property, that she has a sepa
rate estate, and that she contracts with
reference to it. And, if suit is brought
against her upon such note, without join
ing her husband, and she fails to defend
by showing she has no separate estate, or
other good cause, the judgment binds her
separate property, aud will not be set aside
on motion, because of the non-joinder of
her husband.
Judgment reversed.
..£• T. Goode, 8. H. Hawkins, for plain
tiff in error.
8. C. Elam, for defendant in error.
F. P. Moody and E. A. Moody, plaintiffs
in error, vs. A. G. Ronaldson. defend
ant iu error. Proceeding to dispossess
tenant, from Bumter.
Brown, C. J.
1. Under section 4005 of the revised
code, tb# administrator of the deceased
landlord may make the affidavit and in
stitute the proceedings to dispossess a
tenant who holds over.
2. When the affidavit is made by the
administrator, a counter affidavit filed by
the tenant that he does not hold the
premises either by lease, rent, at will, by
Hiifierauce, or otherwise, from said Kon
aldson, (the administrator,) or from any
one under whom he claims the premises,
or from any one claiming the premises
under him, is a sufficient compliance with
the statute ; aud it was error in the Court
to reiuse to allow the issue ttius presented
to he submitted to a jury, and to order the
Bheriff to proceed to disjiosgess the ten
ant.
Judgment reversed.
Hawkins <fc Burke for plaintiffs in error.
A'. A. Bmith for defendant in error.
Nicholas Wylie, plaintiff in error, vs.
Nancy Whitely and A. K. Raiford,
Bheriff, defendants in error. Rule
against the Bheriff, from Sumter.
Brown, C. J.
1. Where A commenced bis proceeding
against JJ. under section 4000 of the Code
as an intruder, and li filed a counter affi
davit, which was accepted by tbe Bheriff,
and returned to the Superior Court, and an
is-ue made up: and A afterwards sold tbe
land in dispute to C, who filed a bill
against B, which B alisweretl, and set up
equities which entitled B to a bearing,
and C then moved to dismiss bis bill,
wlcch was refused by the Court, which
judgment Was not excepted to. Held :
that equity having obtained jurisdiction
and coutral of tile case, will bold it for
adjudication.
2. After a Court‘of Equity bas’taken the
control of the case, the Court of Common
Law will not entertain a rule against tbe
Sheriff to compel him to place A or his
vendee, C, in possession of the premises
in dispute, on account of a defect in the
original counter affidavit filed by It.
Judgment affirmed.
McCa.v, J , did not preside in this cause.
Geo. W Warwick, Vason & Lavis, for
plaintiff in error.
W. A. Hawkins. S. H. Hawkins, for de
fendant in error.
Nathan Emanuel, plaintiff in error, vs.
Smith & Richmond, defendants in
error. Certiorari and motion to set aside
judgment, from Sumter.
Brown. C. J.
1. When a case of garnishment is called
in its order ou tbe docket at tbe second
.term ot the Court, after tbe service of the
summons of garni-lnnent, and after final
judgment against the defendant, and tiie
garnishee lias failed to answer, and the
Court allows judgment to be entered
against tbe garnishee, this Court will not
control tbe discretion of the Court below,
unless in extraordinary cases, in refusing
to set aside such judgment, after it is
signed, to allow the garnishee to answer.
2. It is the duty of the Court, if final
judgment has not been rendered against
the defendant, at common iaw, or in at
tachment, to continue tiie case against tiie
garnishee till af'.er the rendition of such
judgment.
Judgment reversed.
Hawkins A Burke, N. A. Bmith, for
plaintiff in error.
Goode & Carter, S. H Hawkins, for de
fendant iu error.
Itt EL EXTRAORDINARY . .
\ Fight lo the Dtath Wooien-Jealoiwy
Ihe fau*e.
One of the most extraordinary murders,
says the Richmond Dispatch, that it has
ever fallen to the lot of Virginia journal
ists to chronicle, was committed in Henri
co county, on Sunday last. It was a duel
in which two negro women were the bel
ligerent parties, and of which jealousy
w as the moving cause.
THE FIGHT BEGINS.
The spot choseu was a deep ravine, a
long distance from any dwelling-house,
and completely hidden from the view of
persons who 'traveled by tbe ordinary
country roads. Each woman had a good
stout walking stick with which they were
to fight, though the use of teeth, fists, feet
and finger nails, was not interdicted by
their code. Bide by side, they walked in
to the glade, and then, without a mo
ment's parley, to agree upon distance and
signals, they dew at one another with the
fury of enraged wildcats. Sticks were
soon abandoned as unwieldy aud requir
ing too long a range to be of use, and then
tbe combatants closed in. armed only
with tbe weapons God had given them for
defence.
horrible.
They wrestled a inotueut iu silence—
one woman with ail the hate of au out
raged wife bubbliug to her finger ends,
and the o:ber burning with jealousy and
fighting for life itself. Presently they
fell to the ground. 1-2i la, though the
stoutest aud strongest, was beneath. By
-ome means one finger'of her antagonist’s
hand got between her teeth, and she bit
it to the boDe.
DEATH, AND WHAT FOLLOWED.
Then came tiie death struggle. With
her other hand, which was free, Julia, as
•she admits, managed in spite of all resist
ance to choke her antagonist until the
breath left her body. This done, she re-
Ituquuhed her hold, aud her dusky rival
lay dead at her feet. The murderess en
joyed but for a moment the wicked sweet
ness of revenge. A sense of her crime
aud dread of punishment induced her to
give the prostrate form one last blow, to
make sure that no tales would be told by
those icy lips, and then she dragged it to
wards tiie ditch, hoping to hide It from
human sight. But this design was frus
trated by a negro, who, happening to take
a short cut through tiie woods on his way
to church, was horror struck by the sight
of a wild looking woman dragging a corpse
through tbe briary undergrowth in tbe
ravine below him. He gave tbe alarm at
once, and upon his information tbe ne
gress who committed the murder was
speedily arrested.
BROUGHT TO JUSTICE.
A jury of iuquest, suminoued by order
of Justice Woodworth viewed tiie body
on yesterday morning. Julia made her
appearance before the Coroner aid ac
knowledged the commission of the bloody
deed, and an account of the circum
stances attending it. but claimed that it
was perpetrated in self-defence. The jury
found that the deceased, Ella Woodson,
came to her death from wounds aud
bruises received at the hands of Julia Ann
Gills. The accused wa-* brought to town
and lodged in a ceil at the jail, where she
will remain until next Bgturday, when
her case will be fully investigated by a
court of magistrates. The deceased has
been decently buried.
HOW TOI*S.4W VEU W \S IDENTIFIED.
From the Boston Commercial Bulletin.
Topsawyer, of the house of Topsawyer,
Bullion A Cos., importers and merchants,
Boston, found himself going into a bank
in New York last week, witli a check
drawn to his order, which he duly indors
ed and presented to tlie payiug teller.
“Mr. Topsawyer ?" inquired that indi
vidual. glancing at the robust figure be
fore him.
“Yes, sir,” said Topsawyer, sonorously
from behind his ample waistcoat, “that’s
my name.”
“Know aDy one here. Mr. Topsawyer ?”
“Know anyone here?” said the mer
chant, looking around at the busy crowd of
money-counters, book keepers and others,
that were within his range of vision.
“No, not a soul.”
“Very sorry, sir, we can not pay out
money unless the holder of the check is
known to us, or identified as being the
proper person to receive it by some oue
we know.”
“Proper person to receive it, sir,” said
Topsawyer, growing red about the gills,
"proper person to receive, why anybody
knows me iu New York ! Spratt, Roe &
Cos., fish dealers; T. C. Nimmou & Cos.,
grocers ; Bullion & Cos , baukers.
“ Very likely, sir, but I do not know
you, sir, and you must bring in some ore
that 1 know to identify you.”
Topsawyer, crimson and swelling with
suppressed indignation that he, the great
Tqysawyer, should he served in this man
ner, seized the check and strode into the
street. He had walked scarce half a
dozen steps when he met Galloons, of
Galloons Bros. A Cos., the great dry goods
house.
“ How are ye, Galloons? Just the man
I want to see! Corne in here and identify
me so I can draw a cheek.”
“ Certainly,” said Galloons, and iu they
went.
“ Mr. Teller,” said Topsawyer to the
payer out of bank notes, “allow me to
make you acquainted with Mr. Galloons,
house Galloons Bros. A Cos., dry goods’
Murray street.”
“ How do you do, sir?” said the teller.
“ This all right,” said Galloons, pomp
ously, from behind another big waist-coat.
“ This is Mr. Topsawyer, of Boston, and I
know him.”
“ Tiiat may be sir,” sail! the teller again
to Galloons, “but I don’t know you.”
“ Wha-wa-what!” said Topsawyer, boil
ing over at the secoud refusal—“ don’t
know liim? What d’ye mean by that?
Haven't 1 just introduced you * ”
Where cases of kid-napping are fre
quent—iu goat pastures.