Georgia journal and messenger. (Macon, Ga.) 1847-1869, July 06, 1869, Image 2

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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.