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FRANCIS COGIN, Proprietors
GEO. T. JACKSON,)
Address all Letters to
H. C. STEVENSON, Manager.
Beresford Hope’s tribute to Stonewall
Jackson arrived at Richmond yesterday.
The statue was received with distinguished
honors.
We are pleased to welcome back to Au
gusta, after an absence of thirteen months
in Europe, Air. Wit. B. Davison, who
looks very much improved by his trip.
Servia and Montenegro have at last
declared that they will stand neutral in
the war between Turkey and the North
western provinces.
Peace has been restored between the Re
public of Colombia and the Coast States.
As for news from that country in the im
mediate future vve must fall back upon her
regular supply of earthquakes.
The Spanish Fandango is lively. The
communication of the Carlists has been cut
in two and the remnant of their forces are
being hard pressed by the troops of the
King. Aleantime the bombshell fired from
the Vatican into Madrid is as yet unex
ploded. but the fuse is burning. The Mad
rid Government will certainly reject the
demands of the Pope, after which lie will
null for Don Carlos.
Joe Alorris has finally landed in the
Sandersvilie jail. The State will find the
same difficulty convicting him it did the
others. Some overt act must be proven-
Joe, it seems, had devilish intentions, but
he had not carried them out before bis
siupi i plans were discovered and frustrat
ed. After escaping from Burke he came
direct to Augusta and lay around here until
a few days ago, when he went up to Atlanta
to see Col. Potash Farrow.
Delano has gone to Ohio to wake up his
slumbering brethren. His congregation
have dwindled to a Mulligan’s Guard squad
in that State. Delano has been detailed
by Grant to look after them. He is the
last hope. But he is too late. He had bet
ter stay in Washington and look after those
Indian rings. The country demands of
him a reply to the terrible indictment of
Welsh, instead of political speeches in the
Ohio campaign. Such people as Delano
have almost ruined this country. It is cer
tainly in no humor to receive any advice
from any of his kind.
The Prince of Wales will leave England
to-morrow for India, where he will spend
the winter. His visit is intended as a di
plomatic move: It is well known that Rus
sia is slowly moving upon the British pos
sessions on that Continent, each nation
running a race as to which will first absorb
the remaining independent provinces. In
either event we should rejoice. Great Brit
ain has taught In ia all the civilization
and decency it has. No doubt the appear
ance of the illustrious son of Victoria, and
the future King of the most powerful na
tion on earth, will have a good effect.
We have some additional details of the
late gale on the Gulf. The little towns on
the Texas coast west of Galveston were
well nigh washed and blown from the face
of the earth. From all accounts there has
not been such a hurricane since the acqui
sition of that State. Ihe exposed towns
had no brakewaterand Lhorofoie LlieHouoco
had to withstand the full shock of the
waves, before which strong stone walls
could alo:.e stand. Of all the oceans in the
world this Gulf of Mexico is the worst lor
cyclones and all other terrible win 's. In
deed, the cyclones which sweep across the
Atlantic ocean and across our land, are
all born there.
Two more failures occurred in New York
yesterday of sufficient importance to tele
graph— C. & A. S. Schuyler and the Peeks
kill Iron and Mining Company. Returned
Southern tourists say that only the large
an 1 important suspensions are published,
and that the name of the rest is legion.
They say that the number of houses “ To
Let” in New York are fifty per cent great
er than < ver known; that more people are
idle; that yhat are known as "tramps”
are factory people and mechanics thrown
out of employment, and, like hungry
v < Ives, they take provisions wherever they
can find them rather than starve. At night
the public parks of the city where they
sleep are crowded with them. Winter is
approaching, and it is looked forward to
with the gravest apprehensions.
Apropos of the changeable weather we
have had of late, we learn that Lord
Houghton, now travelling in this country
admires the vicissitudes or temperature
least of all things he has encountered. He
remarked, when out West, that “the cli
mate in this country was very changeable,
and when it was suggested that the pres
ent low temperature was unusual in this
section, replied that he had felt a change
while in St. Louis, in a few hours, from
about a hundred degrees down to sixty,
and was told that was an unusual change,
so he was rather inclined to the belief that
unusual changes were quite common in
this country.” Even in the South this is
true, and if the noble Lord were to worship
in some of our unwarmed churches, in
winter, he would make a rapid transit to a
London fog.
Rook a fellow! He who used to rock
the innocent Georgia Radical cradle. He
pulied out from Atlanta several years ago
and instead of bringing up in some forrest,
1 iving boards and splitting rails, brought
up in Washington, as you might have ex
jiected. Of course he was the victim of a
bitter persecution for opinions’ sake, had
Ku-Klux scars to exhibit in quantity and
qualify on deman ', which nothing would
lieal but an office. But Grant has not yet
given him this soothing and healing poul
tice, and being impecunious, or in other
words flat broke, he has now goce into the
pictorial business, selecting his own phiz
as the main chroino. These he obtained on
credit, and intended to ship to Athens, but
the artist who got them up is after him
with a bill which closes time. May pros
perous breezes waft him in every direction
except towards Georgia.
XiLp Emperor of Austria declares there is
nothing now threatening the peace of Eu
rope. We think this is a sincere and truth
ful assertion. Erance is in no condition to
sfo to war now. fe>he first has to establish a
new government. That government will
have much to do regulating internal affairs
before trying conclusions with a foreign
power. Hut the French will, sooner or
1 ter, make a great effort to get back Al
f-aco and Lorraine. Germany, Italy and
Austria have no present ambition to ac
quire more territory, and Russia is satis
fied with the constant conquests she is
making in Asia. The Spaniard will carry
on his guerrilla war for a year or two yet,
and end it— nobody cares how. John Bunn
has enough wild lands to supply subjects,
• Whom his o’er-cloged country vomits
forth
To desperate ventures,
for one hundred years to come. A large
number of sensational journals in this
country are constantly asserting that Eu
rope is on the verge of a general war.
There is not rfow the slightest prospect of
their ardent wish coming to pass.
®l|c Constitoticmttiist
Established 1799.
STONEWALL JACKSON.
Reception of Foley’s Statue at Rich
mond —Speeches of Bradley Johnson
and Gov. Kemper—England’s Trib
ute to the Departed Hero.
Richmond, September 23.—Foley’s
statue of Gen. Stonewall Jackson, pre
sented to Virginia by Hon. Beresford
Hope, M. P., and other English gentle
men, which arrived here last evening
from Baltimore, was formerly received
to-day by Governor Kemper. The peo
ple turned out en nmsse to witness the
reception, the streets presenting a holi
day appearance. At 3:30 p. m. the First
Regiment Virginia Volunteers, the
veterans of the old First Virginia
and the Richmond Howitzers, proceed
ed to the wharf of the Powhat
tan Steamboat Company where the
case containing the statue awaited
transportation to the capitol. It had
been placed upon a wagon, and was
covered with the flags of Great Britain
and Virginia. Long ropes were at
tached to the wagon, and at the word
of command the veterans of the Old
First, together with a largo number of
citizens, took hold, and, with a portion
of the present First Regiment at the
head of the column, took up the line of
march, the remainder of the regiment
and the Howitzers bringing up the
rear. Upon reaching Capitol Square,
the wagon was drawn to the foot of the
steps of the capitol, where Col. Brad
ley T. Johnson, commandant of the
First, formally delivered the statue to
Gjv. Ivember in a brief speech, refer
ing in feeling terms to the time, 12
years ago, when he commanded the
funeral escort of the true and gallant
soldier who was now being honored by
the people of Great Britain. Gov
ernor Kemper responded, receiving
the statue in the name of the people of
Virginia, and thanking the soldiers
and citizens for the spontaneous honor
which had been done to as true a hero
as ever trod the earth. Iu doing this
they had done much algo to testify the
gratitude of Virginians to the noble
friends on the other side of the world,
who had sent this great tribute of ad
miration and sympathy from the Old
World to the New, from Great Britain
to Virginia.
Governor Kemper, in the name of
Virginia, took possession of the gift,
receiving it, not more as a great sculp
tor’s work of art than a work of Eng
lish affection for her immortal son.
Iu response to loud calls from the
immense throng present, Mayor Kei
ley also made a beautiful and stirring
speech. The case was then placed iu
the basement of the capitol, where it
will remain until the pedestal being
prepared in Capitol squire is ready.
The statue will be unveiled the latter
part of October, during State fair week.
FROM NEW YORK.
Notes From the Metropolis.
New York, September 23.—A private
telegram announces that a treaty of ,
peace between the Republic of Colom
bia and the rebellious coast States has 1
heen signed.
Delegates from South Carolina to
the Insurance Convention aro excluded
on account of the by-laws.
Coal has been advanced ten cents
per ton.
The Delaware and Hudson and Dela
ware Lackawana and Western Com
panies have agreed to suspend ship
ments to competitive points for two
weeks, conliuing business to tbe West
ern and local trade.
The house of James H. Rutan, with
his aged mother, was burned on Staten
Island.
A Rally for Greenbacks.
New Y t ork, September 23.—A meet
ing was held at Cooper Institute, under
the auspices of the Legal Tender Club,
the object of which, in |the words
of the circular, was, “To demon
strate that greenbacks must meet the
necessities of peace as well as they met
those of war.” Hon. Richard Sehel!
presided. A list of Vice Presidents was
read, among whom was Peter Cooper,
Benjamin Minier, G. W. Peillon,
Robert McCafferty, Gideon J. Tuck
er, Horace P. Whitney, and
Gen. Davies. Letters were read
expressing regret at being unable to at
tend from Wendell Phillips, of Mass.,
Wm. E. Pollyea, of Pa., and Thos. C.
Durant, of Washington. Mr. Peter
Cooper was on the platform. Gen. But
ler, Hon. W. D. Kelley and other promi
nent gentlemen announced to speak
were not present. Speeches were made
by Theodore E. Tomlinson, Edward
Crane, of BostoD, J. K. McGee, of 111.,
and others. The following resolutions
were adopted :
Resolved, That the contraction of the
currency heretofore made, and further
contraction proposed with a view to fore and
resumption of specie payment has already
brought disaster to the business ol’ the
country, anil threatens general bankrupt
cy, we demand that this policy’ be aban
doned, and that the volu ; e or currency be
made and kept equal to the wants of trade,
leaving restoration legal tenders to par
with gold, to be brought about by pro
moting the industries of the people, and
not by destroying them.
Resolved, I hat the policy already initia
ted of abolishing legal tenders and g ving
national batiks power to furnish all the
currency will increase power already dan
gerous, monopoly, and enormous burdens
now oppressing the people, and that we op
pose this policy and demand that all na
tional bank circulation be promptly and
permanently retired and legal tenders is
sued in place.
Resolved, That the public interest de
mands that the Government should cease
to distrust its own currency, and. should
make its legal tenders receivable for ail
public dues, except where respect for the
obligations of contracts require payment
in coin, and that we favor the payment of
at least half of the cm toms in legal ten
ders.
Resolved, That we demand the extension
of the present national bank establishment
instead of the system of free banks of dis
count and deposit, under such regulations
as the States may respectively prescribe,
and no paper currency except such as may
be issued directly by and upon the faith of
the general Government.
Resolved, That we send cheer and sym
pathy to the great Democratic party of the
West, and that we hail their success as a
triumph of the people over monopoly,
which threatens the safety of the country
Resolved, That we recommend the elec
tore throughout the State of New York to
assemble in their various districts and
form legal tender clubs, in conformity with
resolutions adopted by this meeting, to
give strength to the great Democratic
party in Uhio and Pennsylvania in the ap
proaching canvass.
The chairman stated this was the
first of a series of mass meetings to be
held under the auspices of the Legal
Tender Club. Adjourned.
An audience mostly composed of la
boring men filled the hall.
Assassination.
Newberry Port, Mass., September
23.—Dr. Norton, dentist, called out to
see a patient, was shot, chloroformed
and robbed of his watch and $l6O.
Chances favor Norton’s recovery.
Fob* Laramie, September 23. —The
body of John Little was brought here,
killed and mutilatafl ty Indians.
Mr. and Mrs. Geo. Riegnolds arrived
at New York on Saturday last.
FOREIGN DISPATCHES.
The Emperor of Austria and the Peace
of Europe.
Vienna, September 23.—The Empe
ror of Austria, in receiving the parlia
mentary delegations, spoke hopefully
of the maintenance of European peace.
The Spanish Fandango.
Hendaye, September 23.—The North
ern army has cut communication be-*
tween the Carlists in N avarre and Ar
ragou, who are compelled to cross the
frontier. Darregaray has concentrated
his forces around Estella.
Madr ; d, September 23.—The police
have discovered depositories of arms
and ammunition, supposed to be for
the socialists’ rising. The Madrid
Government will be firm. It will re
spect religion but at the same time
protect the rights of the State. It is
believed here the Vatican will finally
abate its pretensions.
Address to Prince Milan.
Belgrade, September 23.—The reply
to Prince Milau is published. It says
all the means necessary to protect the
liberty of the people and secure the
country are placed at the disposal of
Prince Milan. Referring to the insur
rection in Bosnia and Herzegovina, the
address says: “Perpetual suffering has
compelled our brethren to take up
arms. Our hearts bleed for them. We
give your Highness every means to en
able you to assist in restoring peace to
Bosnia and Herzegovina and confide
in your wisdom for the accomplishment
of the noble mission.” The Servian
Minister of War has ordered five bat
teries of artillery and four battalions
of iufantry to proceed to the Bosnian
frontier. Turkish troops are stationed
on the other side of the line.
The Times special says Server Pasha,
with uine battalions, entered Piva near
Travnick uninterrupted.
Departure of the Prince of Wales.
London, September 23.—Thousands
visited the Seraphis to-day. The bag
gage of the Prince of Wales, that of
his suite and plate presents were em
barked. The vessel makes a six hours
trial trip to-morrow. She sails Satur
day for Brindis, Italy, where the Prince
embarks.
Servia and Montenegro to he Neutral.
London, September 23.—A special
dispatch to the Daily Telegraph, from
Vienna, states that Servia and Monte
negro have notified the powers of their
determination to remain neutral in the
troubles between Turkey and her
Northwestern provinces.
Great Britain and Honduras.
London, September 23.—The Times
in a leading article commenting on the
detailed report of the special commit
tee of the House on foreign loans says,
if these allegations cannot be rebuted,
Don Jutierrez Minister of Honduras
must be held guilty of having conspir
ed with Mr. Lefeare and others to de
fraud the British public. There cannot
be any question that the Government
is bound to refuse him any further re
cognition. This historical account fur
nishes no satisfactory answer to tliese
charges. The time has arrived when
ho luuit be moro explicit,
from Washington;
Extracts from Barr’s Note Book.
Washington, September 23. —Delano
has gone to Ohio.
Burt’s bond has arrived.
There will be no change in the Boston
Post Office.
The Collectorship of Customs of Chi
cago has been tendered to J. Russell
Jones.
The Attorney General has gone to
New York.
The wreck of the bark Evilin has
shifted its position since last buoyed.
The present bearings of Cape Henry
Lighthouse are west by north % north,
distant miles; wind mill at Sand
town west by north % north, distant
six miles. The wreck lies head to
westward, second-class buoy, green,
with the word “ wreck ” in six-inch
white letters placed iu thirty feet of her
stern, in six and three-quarter fathoms
of water.
Assignments : Quartermasters—Maj.
Dandy who relieves Maj. Hodges Buf
falo ; Captain Howell, San Antonio,
Texas; Captain Foster, Charleston, S.
C.; Captain Bristow, Raleigh, N. C.;
Captain Belcher, Columbia, S. C.; Cap
tain Allegood, San Antonio, Texas.
Persons having documentary stamps
of denominations greater than two
cents are reminded that under an enact
ment of the last Congress the same
cannot be redeemed unless presented
to the Commissioner of Internal Re
venue for that purpose prior to the
first proximo.
The steamer Rebecca Clyde is at Hat
teras inlet disabled, damaged in her en
gine off Hatteras Light.
i % 11 *
THE GEORGIA STATE FAIR.
A Great Success Anticipated —Distin-
guished Visitors to be There.
Macon, September 23.—The State
Fair which opens at Macon on the 18th
of October and continues one week
promises to be the largest in point of
exhibition and attendance of visitors
held South since the war. Many dis
tinguished gentlemen from Northern,
Western and Eastern States will be
present. Among them Senator Thur
man, Hon. Geo. H. Pendleton, Mr. F.
Hassaurek, of Ohio; Hendricks and
Voorhees, of Indiana; Bayard, of Dela
ware; Kelly, of Pennsylvania; Fernando
Wood, of New York; Poland, of Ver
mont; Christiancy and Willard, of
Michigan; Dr. George B. Loriug, of
Boston; Gen. Hawley, President of the
United States Centennial Commission,
and a full delegation from the Centen
nial Board. Several of the above named
gentlemen deliver addresses on differ
ent days of the fair.
Horrible Murder iu Ohio.
Bellefontaine, Ohio, September 23. —
Yesterday Miss Laughten, a young
lady aged sixteen, accompanied a man
named Schell and wife on an excursion
to Reservoir, several miles distant.
Mrs. Schell being fatigued was left
with the team. Schell, with the
young lady, started after wild
plums. Schell returned without
Miss Laughten, stating that she
had strayed from him and he could not
find her. The alarm was given and
search made, resulting iu finding the
body of the young lady nearly nude
with her throat cut from ear to ear, the
grass showing that a desperate strug
gle had occurred. Schell was arrested.
A bloody knife was found in his pocket.
He is now under arrest with a heavy
guard around him to protect him from
excited people.
New York Failures,
i New York, September 23. — C. &A.
S. Schuyler, wholesale grocers, failsd.
The Peekskill Mining and Iron Com
pany failed for $150,000:
Drake & Colby, large grain export
ers, have failed.
AUGUSTA. GA., FRIDAY, SEPTEMBER 24. 1875.
SUPREME COURT I ECISIONS.
Decisions Rendered in Alanta, Ga,
September 21, 1875 — lon. Hiram
Warner, Chief Justice, Hons. L. E.
Bleckley and James Jac ! son, J udges.
Scroggins vs. The State. Petition for
certiorari, from Sumter.
BLECKLEY, J.
1. An affidavit neither attested by an
officer authorized to administer oaths,
nor purporting to be sworn to in open
court, is void, as the basis of a criminal
proceeding.
2. Criminal proceedings Jin a court of
limited and special jurislictiou, must
show on their face the f; cts requisite
to give the court author ty under the
law, to try the case, pr mounce sen
tence, and inflict punishm* Qt.
3. Where such a court i empowered
by statute to try a misdemeanor upon
written accusation foundedfon affidavit,
provided the accused shal|iirst indo se
upon the accusation a warier of indict
ment by the grand jury, ajvalid affida
vit is essential; and if th| affidavit be
void, objection to it may b* taken after
conviction and sentence, in such case,
the whole trial is a nullity,iind the con
viction should be set asicL by the Su
perior Court on certiorari, f
4. Indorsement that th* defendant
waives indictment by thef grand jury,
and demands the jury alloj/ed by law,
is equivalent to the prescribed indorse
ment of “indictment by th! grand jury
waived.” 1
5. In acting on a petition* for certio
rari, it is error for the to with
hold his sanction of any l fact which
does not appear in the petition, or to
hear from the magistrate Jwhose pro
ceedings are complained o$ any state
ment or explanation touching the case.
What the magistrate has tj> say can be
heard only through his return to the
certiorari after it has been granted.
Judgment reversed. |
N. A. Smith for error.
C. F. CiL,, Soli .'itor General; Fort
& McClesky, for the State.!
Stokes vs. Morrow. Equiti, from Lee.
BLECKLEY, J.
1. If ejectment or statutory/ complaint
for land be brought by fa stranger
against one of two persons i a joint pos
session, ft not appearing .hat either
claims under the other, tin judgment,
as a general rule, will bit 1 only the
one who is defendant in *he action ;
and the other, not being a iparty, can
not be expelled under the of pos
session, even though the ileclaration,
the judgment and the writ (Itnbrace the
whole of the premises, aill treat the
defendant as sole occupant*
Judgment reversed. $
R. F. Lyon, Hawkin & l|awkins, G.
W. Warwick, Geo, Kimbfough, for
plaintiff in error. j
K. J. Warren, L. P. D. q'arren, for
defendant. f
f
Kemp and Mack vs. G. M. Ivne. Claim
from Dougherty !
JACKSON, J. |
Where a note is given b}|the buyer
to the sellers “for one four-Oo'dwA
H..v,l +nKlp o 4 ft** - j " 1 *" 1 ™* ble
to be subject for purchase i&oney, pa
rol evidence is admissible ti show the
terms of the contract ol’ side between
the parties. ‘
Judgment reversed. *
Jos. Armstrong, Yason Davis, for
plaintiffs iu error. j
R. N. Ely, for defendant. |
B’ F. Salter vs. E. Taylor. Proceeding
to abate a nuisance, fromlLee.
JACKSON, J.
1. The stopping or impedi|g a private
way is a private nuisance.
2. Such a nuisance may bq abated by
a proceeding before two justices of the
peace and a jury, under sections 4094
and 4098 of the Code. j
Judgment affirmed. I
Cook & Crisp; George IJimbrough,
for plaintiff in error.
R. F. Lyon, G. W. Warw< 3k, for de
fendant.
Thomas J. Morgan vs. Setltß. Taylor.
Claim, from Surntei.
JACKSON, J. I
1. A levy on sufficient perlonal prop
erty to satisfy the executlm, undis
posed of on the face thereoflis no legal
j. round for withholding the* execution
from the jury, if it be show i, aliunde,
to the satisfaction of thof presiding
Judge that such levy was unproductive
and without injury to the Je endaut.'
2. A bona fide purchase ( f land by
parol, with payment of part >f the pur
chase money, and immediat entry by
the purchaser into open and exclusive
possession, more than four y ars before
the levy of the execution £ gainst the
vendor, and the payment iff the bal
ance of the purchase monee, and tak
ing a conveyance within iji>ur years
prior to the levy, will, if si|:h posses
sion be continuous, discharge the laud
from the lien of the judgmelt.
3. In such case, the four years’ pos
session must be open and n dorvxs for
the full term, in order to discharge the
land from the lien of the judgment.
4. A charge to the effect inat if the
defendant in fl. fa. and jpurchaser
agreed to keep the trad., a secret, the
possession under it would fe no pro
tection to the claimant, wgio is the
purchaser, is too broad, i Such an
agreement is a circumstarpe tending
to show bad faith in the tfile and to
cast suspicion upon the fairgess of the
trade and the possession thereunder,
but, by itself, it is not enough totally to
destroy the claimant’s right.-; It should
be considered in connection with the
explanation of the parties and the
other facts of the case, and ihe charge
of the court should have fceen so re
stricted and guarded. |
5. Where the evidence is Iconflieting
this court will not control she discre
tion of the court below inlrefusing a
new trial on the ground th ,t the ver
dict is contrary to the charg
6. Dilligence must be shown, and
party and counsel must s ,voar that
they did not know of the tu .timony at
the time of the trial, befor* the court
will grant anew trial on the! ground of
newly discovered testimony!
7. Where the court ertsd in his
charge on material points lof law on
which the jury might have found their
verdict without considering the real
issue of fact, on which the pise should
have been put by the courts and deter
mined by the jury, this cour* will grant
anew trial, unless the evidence be so
decisive and without conflict* as to have
required the verdict, notwithstanding
such errors in the charge. ?
Judgment reversed. |
Hawkins & Hawkins, forfplaintiff in
error. I
N. A. Smith; J. A. Ansley,lor defend
ant. f
Thos. D. Speer, guardian, -|s. Rebecca
L. Tinsley, et al. Appeal from the
Court of Ordinary, from Uumter.
JACKSON, J. j
1 1. A plea by a guardian c*;ed before
?
the Court of Ordinary to settle with
his wards, that he had taken the note
of the executor of their father’s will in
settlement with such executor, that
such executor was solvent at the time;
that some time thereafter he ascertain
ed that the executor was in debt, and
in a year or two took a mortgage upon
slaves to secure the note; that after
wards the executor absconded, and all
his property was attached, and that he,
the guardian, bought the morgaged
slaves, who were afterwards emancipa
ted by the war and were a loss to him,
connected with the allegation in the
plea that he had charged himself, as
guardian, with so much money due to
each ward, and not alleging in said plea
that the note he took was payable to
him as guardian, or thejuortgage made
to him as such, and alleging as an ex
cuse for not making the balance of the
money due to his wards out of said ex
ecutor, that he hoped to have made it
by a trade with the executor, is bad,
and on demurrer was properly stricken
by the court.
2. In such trial, on appeal to the Su
perior Court, it is not error to allow
the wards to show additional indebted
ness of their guardian to them, by
showing that they are heirs Yo their
deceased brother, who was also a w r ard
of the same guardian, and whoso funds
were in his hands; and his return to
the Ordinary of the estate of such de
ceased ward is proper evidence against
the guardian.
3. Where the court, on demurrer
thereto, has stricken defendant’s plea,
it is not error to rule out testimony
offered to prove the facts set out in the
plea, iu substance the same, though
slightly different, to avoid the force of
the blow, which struck the plea.
4. On a settlement between guardian
and wards, the guardian may show “all
reasonable disbursements and expenses
suitable to the circumstances of his
wards,” and if in the series of years in
which he has managed his wards’ es
tates, he has not expended the corpus,
he cannot be held responsible for the
profits or interest of the estate, though
he may have spent for his wards more
than the profits or interest of a given
year that year, or less another year ;
provided, during the whole period of
his guardianship, he has not expended
more than the entire interest, and has
disbursed it reasonably and suitably
to the circumstances of his wards, and
legally in other respects.
Judgment reversed.
5. C. Elam, McCay & Trippe, for
plaintiff in error.
N. A. Smith, Hawkins & Hawkins,
for defendants.
PLAYING AT AVAR.
Grand Autumn Manoeuvers of the
German Army—One of Bluclier’s
Victories Acted Over Again.
Leignitz, Silesia, September 18.—The
grand autumn manoeuvers of the Ger
man array concluded yesterday, near
Leignitz. After the day’s earnest krieg
spiel (war play), which resembled real
war rather than play, two army corps,
the Fifth, commanded by Gen. Vou
Kirchback, and the ( Sixth t t under Gen.
strong, were pitted against each other.
Although executing the plans of battle
laid down for them, they endeavored
to gain the victory as adjudged by the
Kaiser and tliegeneral staff. The ground
on which the manoeuvers took place was,
to a great extent, the scene of Blucher’s
victory over MacDonald, on the
Katzbach river, in 1813. The Fifth
Army Corps, representing Blucher’s
army, repeated his movements, and the
Sixth took the place of the foe. The
Sixth advanced in the direction of Hay
nau, but the Fifth, offering a vigorous
opposition, pushed it back across the
creek, and virtually defeated it by pre
venting its advance on Leignitz. Being
hard pressed, the defeated corps en
deavored to reach Jaurea, a town en
closed by double walls and a fosse, sit
uated on the right bank of the Neisse,
ten miles southeast of Leignitz, by
marching via Goklbuig on the Katz
bach, eleven miles south of Leignitz.
It crossed that river in the hope of be
ing able to form anew base of opera
tions and receive reinfoicemeuts.—
Though successfully effecting the pass
age of Katzbach, the Fifth Corps effec
tually checked its further advance.—
On the third day, however, the Sixth
Corps takes the offensive, and succeeds
in pressing the Fifth back upon Leig
nitz.
This was the general plan. The
execution of the details was left to the
skill of the commanders, many of whom
won laurels on these mimic battlefields,
and some disgraced themselves. The
Sixth Corps was commanded to-day by
the Graud Duke of Mecklenburg
Schwerin. Each day the scene was
brilliant in the extreme. The contest
for the passage of the Katzbach, on
Friday morning, as seen from the
heights above Ivroitiscli, resembled
more a real than a sham battle. Bridges
has been erected during the night, and
the position of the Sixth Corps was
maintained by many brilliant charges.
The battle-ground was nine miles in
diameter, and from every point iu the
horizon clouds of dust marked the ad
vance of troops. The lovely valley of
Katzbach was enveloped at times in
the smoke of artillery and from in
fantry tiring. To-day’s contest was
concluded by the brilliant storming of
the heights near Rathkirch by the Sixth
Corps, deciding the victory in its favor.
The Emperor was watching the ma
noeuvers, attended by a brilliantly uni
formed suite, including the foreign
officers. With the Emperor were the
Crown Prince, the King of Saxony;
Archduke Albrecht, of Austria; Prince
August, the Crown Prince of Portugal;
Princes Frederick Charles and Carl Al
brecht, of Prussia; Prince August, of
Wurtomberg, and Prince Arthur, of
England. The Americans present were
Quartermaster General Meigs, with his
son, and Lieutenant Newcomb and Col
onels Dickenson, Woodruff and De
laney Floyd-Jones.
The Emperor rode an immense dis
tance daily, accompanied by Yon
Moltke, often dashing up on eminences
where the fight was thickest, criticising
the storming and commending. The
foreign officers were unanimous in
praising the discipline, activity and
precision of the evolutions.
The troops bivouacked for the night
on the field of battle, and their camp
fires extended over a circumference of
fifteen miles. The scene was visited by
thousands, and presented a magnificent
spectacle. The valley of the Katzbach
was lit up by camp-fires, and the pla
teau towards Leignitz made up a scene
that is seldom witnessed. The war was
earnest, without any deaths. The
Prussians entered heartily into the
spirit of the undertaking. The Empe
ror and suite, aud the foreign officers,
left Leignitz at 5 o’clock, and will ar
rive in Berlin to-morrow.
It is probable that Madame Ristori
and Signor Rossi will play together in
London next spring.
UNIVERSITY OF GEORGIA.
Dr. Broun’s Resignation.
[For the Constitutionalist ]
Augusta, September 18.
It is now no longer a mere rumor,
but a settled fact, that Dr. Broun has
severed his connection with our Uni
versity. He has been recently elected,
at about the same time, both to the
chair of Applied Mathematics at the
University of Virginia, and to the chair
of Pure Mathematics at Vanderbilt
Uuiversity. It is the latter position
which he has accepted. The intelli
gence of his resignation at Athens will
awaken a feeling of sorrow in the
hearts of his many admirers through
out the State, and should cause deep
regret to every true friend of education
in Georgia.
Dr. Broun graduated with the degree
of Master of Arts at the University of
Virginia, bis native State, and was soon
after called to the chair of Pure Math
ematics iu Frankliu College. In this
capacity he was the supporter,
and often the originator, of many
of tnose changes and inter
nal improvements which raised
Franklin College from a state of medi
ocrity, and made it worthy of bearing,
as it now does, the name of the Uni
versity of Georgia. During the late
war, he was chief of the Ordnance De
partment at Richmond; but when the
excitement incident to the conflict of
arms had subsided, aud the halls of
learning had been again thrown open,
he was invited to fill the Chair of Nat
ural Science at Franklin College, and
since that time he has been an earnest
and prominent co-operator in every
movement for the advancement of the
popular education of the State that
had adopted him as one of her own
sons. On being elected to the Presi
dency of the State College, it would
seem that he considered himself the
god-father of the State’s new offspring,
and for the past three years he has
most assiduously labored in its behalf.
Asa result of his exertions and the
untiring efforts of a few others, we see
the State College of Georgia in a most
flourishing condition—so much so that
the State of Texas, encouraged by our
success, has enquired concerning its
mode of operation; we see dedi
cated to the cause of education
a large, magnificent building, the
money to erect, which was donated
after much persuasion by the city of
Athens ; and last, but not least, it was
mainly through the efforts of Dr.
Broun aud Dr. Carlton, of the Athens
Gewgian, that we saw the Legislature,
at its last session, voting $15,000 for
the purpose of equipping the institu
tion with the necessary apparatus.
These facts, together with many others
that might be adduced, give unmistak
able proof that he possesses no ordi
nary administrative capacity.
Endowed by nature with a powerful
intellect, and trained in one of the first
schools of the land, Dr. Broun was ■
thoroughly qualified to give instruc
tion in any department of a liberal
education ; but a natural taste, an in
quiring mind and diligent application
the” dofielative" branenes" of° mathe
matics and natural science. Asa pro
fessor, he is eminently master of his
subject, sympathetic yet impartial iu
his dealings with his pupils, dignified
iu his demeauor, clear, concise and
right to the point in his lectures ; as a
gentleman he is pure, generous, high
toned aud courteous—a true Virginian
to the core.
But, if these things be true, the
question arises, Why did Dr. Broun
leave Georgia and accept a position at
the Vanderbilt University in Tennes
see? The same question, slightly al
tered, might be asked concerning the
venerable ex-Chancellor, Dr. Lipscomb.
The writer does not pretend to know
all the causes which may have influ
enced these distinguished gentlemen in
leaving the scene of their former la
bors, where they have spent much of
the strength of their manhood, but he
does not hesitate to say that he knows
a great many reasons why they might
have douo so. Prudence forbids the
statement of these reasons; but suffice
it to say that unless the Board of Trus
tees change their present method of
declaring the professorships vacant
every four years, and advertising for
learned professors as they would for
quack medicino agents; unless they
put down the sectarian party spirit thar,
is said to mark their proceedings; un
less they show a higher appreciation of
men of talent, and put forth some effort
to retain them in Georgia, instead of
making war upon them, Vanderbilt and
the other universities of the land will
soon take from off the brow of our
Alma Mater the laurels she now wears.
A Former Student.
LETTER FROM LINCOLN.
The Weather and the Crops—Cotton
Rapidly Opening—A Poor Yield —
Blue Prospects.
[Correspondence of the Constitutionalist.]
Goshen, Lincoln Cos., Ga., )
Sept. 16, 1875. j
Living as we do, in a county cut off
from railroads, and among a people
naturally quiet, and who generally
attend to their own business, not many
events of interest transpire in Lincoln
to communicate to a daily newspaper.
Hence my long silence. I write at this
time merely to give some little infor
mation about the crops and the con
tinued dry weather aud its bad effects
upon the people.
Cotton has been and is still opening
very fast—almost too much so for the
farmers to get it out iu time. If this
dry, warm weather continues much
longer, many of the planters will have
all their cotton open and picked out
before the next frost. We are just now
in the busiest of the cotton-picking
season, and every available hand is
now at this work. From what I hear
the cotton crop in a largo portion of
this county will be very poor indeed,
some making only two-thirds and
others about half a crop. The rust has
injured it no little. Corn is not as good
as we would wish, but better than cot
ton.
The protracted drouth has dried up
nearly all the smaller streams, and
there is much difficulty in getting grain
ground at the mills. Many are se
riously discommoded thereby. C.
Radical Sacrilege.— The Raieigh
News, commenting on the speech of ex-
Judge Tourgee in the Convention last
Friday, says; “He went into an his
torical defence of the carpet-baggef, in
which he had the brazen effrontery
with his God-defying blasphemy, to
call our blessed Saviour a ‘carpet
bagger.’ Jesus of Nazareth the pro
totype of the Laflins and Littlefields,
the Deweeses and Tourgees! The sub
ject defies comment or denunciation.
Its naked, foul blasphemy is its suffi
cient condemnation.”
New Series —Vol. 28, No. 43.
GEORGIA GENERAL NEWS.
Says the Georgian: Col. L. H. Charbon
nier will take temporary charge of Prof.
Broun’s chair at the University.
The Canton, Cherokee county, Georgian
reports: “There are forty-four white and
four colored free schools in this county, all
reported to be in a flourishing condition.”
Griffin News: Mrs. Cynthia Chapman,
one of the oldest and most esteemed ladies,
died rather suddenly in this city Saturday
night. She was 82 years old, was com
plaining some on Saturday morning, and
died about 10 o’clock p. m.
Rome Courier: We regret to learn of the
death of Capt. James T. Garman, an old
citizen of Rome, which occurred at Annis
ton, Alabama, on Sunday last of apoplexy.
He was a highly respected citizen, and we
regret to record his death. He was about
53 years old, and leaves a wife and an only
daughter, recently married.
The Athens Georgian has appeared in a
new and very handsome dress. It is now
one of the best papers which comes to our
office, and deserves a fine patronage. But
just now we beg “Picciola” to request his
news room superintendent to put heads to
his locals and “dash them off.” They run
into one another, so we have to stop and
think where one ends and the other begins.
Besides there is a fortune in good heads,
you know.
Speaking of the death of Mrs. James T.
Thweatt, the Columbus Enquire r-Sun says:
This young and lovely wife and mother
died Sunday of consumption. She was one
of the sweetest and most cultivated of wo
men, loved for her virtues, nobleness of na
ture and Christian grace of character, and
admired for the excellence of a well educa
ted mind. She was only twenty-live years
of age. Besides her husband, she leaves a
little girl several years old and a babe of
two days. Her last hours were those of
peace and happiness passing away as
gently as a Summer cloud drifting across
the heavens—breathed a bles-ing upon lov
ed ones, then winged her way to heaven.
Greenville Southern: Col. A. H. Moore,
one of the owners and business manager of
the Battle Branch Mines, is in the city. He
showed us a rich specimen of the ore. He
is crushing with eight largo stamps with
entire success. He reports his works (one
of the most elaborate and expensive) nearly
all completed. Th -y include 21 miles of
ditch, a large dam, and two very expensive
tunnels. He expects to reach his vein with
the last one in a few days, 81 feet below
where they are working it now. This will
supersede the necessity of pumping, as it
drains the mines from below. No one not
visiting the mines or Upper Georgia has
any conception of the operations of the
different companies.
McDuffie Journal: Gen. Toombs, who is
here in attendance upon the Superior Court,
was serenaded by "the Thomson Cornet
Band, Monday night, and called on for a
speech. The old statesman, who is always
readj r , responded in a few eloquent and en
couraging remarks on the recent revolu
tion in political affairs, denounced the error
of sacrificing principles to policy, urged the
importance of strict adherence to the old
Democratic doctrines of Jefferson, Madi
son, Clay and other great statesmen, and
predicted the utter destruction of the Radi
cal party in the great political contest of
1876. Judge Twiggs and Hop. C. S. Dußose
were also called out for speeches, who,
with thanks for the compliment, graceful
ly excused themselves.
The local editor of the Atlanta Common
wealth had an interview with General Joe
Morris in jail: The General’s external ap
pearance doesn’tcorrespond with his name,
indeed we thought the wrong man had
come to the door when Joe put in his ap
pearance, and began to look around for the
General. He is five feet eight inches tali,
will weigh about one hundred and forty
pounds, and is of a dark sandy color, hav
ing a smooth face with the exception of a
slight moustache. He says he is twenty
eight years old, but he looks like he is at
least forty. There is but very little intel
ligence expressed in the face of Ihe man.
features, with the exception or rue n so,
which is that of a negro’s. He has the ap
pearance of a poor man, wearing common
jeans pants and coat,and a coarse cotton
shirt. He says he had no object in coming
to Atlanta, except to see it; but showed
very plainly that he was mistaken about
it, and that he didn’t want to expose his
purpose. He says that he has been in and
around Augusta ever since the insurrection
excitement, and that he started from there
last week for this place on foot. He came
on here walking, riding when he had the
money, arriving here last Saturday morn
ing. He says that he staid at a little eat
ing saloon on Decatur street until arrested.
He is very vehement in hi, assertion that
he knew nothing of the plans of insurrec
tionists, and had nothing to do with it. He
says that ho never attended any secret
meetings of the negroes, and never saw
Rivers in his life. He says that he don’t
know how he came to be called General,
unless it is because he is so popular with
tho negroes of his county.
GRANT’S FUTURE POLICY.
A Forecast of Ilis Next Message to
Congress—He Will Urge Prepara
tion for a Return to Specie Pay
ments.
[Long Branch Di-patch to the Boston
Transcript]
There is good authority for saying
that President Grant is well pleased
with the present political outlook. For
the past few days the President has
abandoned the reticence for which he
is usually remarkable, and has not
hesitated to express his views of cur
rent events freely among his friends.
Under all circumstances, President
Grant believes the people will be com
pelled to recognize the Democratic
party as the party of inflation and re
pudiation, and the Republicrn party as
the friend of resumption and of the
preservation of the national honor
and credit. The issue of next year’s
campaign, says the President, is al
ready made, and has been chosen by
the Democracy.
Iu his message to Congress, wheD a
Democratic House of Representatives
will have the privilege of considering
his recommendations, he will set forth
as strongly as he possibly can, the de
pressed and suffering condition of the
business and commerce of the nation,
and will direct attention to the neces
sity of taking measures to establish
the currency on a sound basis by pre
paring for resumption under the exist
ing law in 1879, to which we will say we
alone can look for a restoration of con
fidence and credit and a revival of
trade.
He will enlarge upon the necessity of
increasing the national revenues as a
preliminary to resumption. He will to
that end recommend the restoration of
the duty on tea and coffee, by the abo
lition of which the Government has lost
from twenty millions to twenty-five
millions a year without any benefit to
the consumer ; the taxation of all arti
cles of foreign manufacture, and prob
ably the abolition of the entire free list.
In addition the President will proba
bly suggest such an amendment of the
legal-tender acts as will require the
payment of all internal revenue duties
in gold, as a further provision for re
sumption. The President will make it
clear in his message to Congress that
he intends to practically carry out the
duty imposed upon the Government
by the resumption act, by proceeding
to contract the present greenback issue
to the limit allowed by the law. Upon
this point, more than any other, he re
lies for the support of the moneyed in
terests of the country in the Republi
can Presidential Convention,
FIRE IN KANSAS CITY.
Two Hotels, Depot and Man Burned.
Kansas City, September 23.—The Chi
cago House, St. James Hotel and the
Union Depot were burned. Geo. Find
lay, a guest of the Chicago House, was
urned to death.
To Advertisers and Subscribers.
On AND after this date (April 21, 1375,) all
editions of the Constitutionalist will be sent
free of postage.
Advertisements must be paid for when han
ded in, unless otherwise stipulated.
Announcing or suggesting Candidates for
office, 20 cents per line each insertion.
Money may be remitted at our risk by Express
or Postal Order.
Correspondence invited from all sources,
and valuable special news pg,id for if used.
Rejected Communications will not be re
turned, and no notice taken of anonymous
letters, or articles written on both sides.
DEMOCRATIC SENTIMENT.
Gov. Allen, of Ohio, Expresses Him
self on the Subject of Thieves and
Office-Holders.
“You pay taxes. You pay them to
the State Government and to the Fed
eral Government, and how much do
you suppose you pay the Federal Gov
ernment? There are, I apprehend,
3,000,000 of people in the State of Ohio.
And how much taxes do you pay every
year to this thing called the Federal
Government? We have got in the
habit of talking so much about millions
that we have actually lost sight of tho
meaning of the word millions. In tho
old times when we had ten, twenty, a
hundred, a thousand, ten thousand,
those words meant something. We
understood them. But now they run
up into the millions; and, my God, a
man cannot easily imagine what a big
pile of money that is. You
pay this thing called the Gov
ernment of the United States every
year 30,000,000 of money. You pay a
part of this in what is called direct
taxes, and you pay the other half in
what is called indirect taxes. Now, this
indirect taxation is a thing that op
presses you most, and is felt by you
least. There is not a maa of you that
has a shirt, or a hat or a pair of boots
who did not, when he bought those ar
ticles, pay a tax to the Federal Gov
ernment of the United States. It was
called price. The merchant called it
price. This thing is worth so many
dollars, he says. That is the price of it.
If you had inquired of tho merchaut
how came the price so high he would
have told you that they had to pay for
the privilege of bringing it out here so
many dollars and so many cents, and
he nicknamed that a price and stuck
it on to the farmer. That is called an
indirect tax. It ought to be called a
midnight tax, a burglarious tax, a tax
paid by the people without their know
ing it. Now, if we had nothing to do
but to pay necessary taxes wo could
get along very well. No difficulty about
that. Our necessary taxes paid to the
Federal Government would be probably
—supposing the Government to be
in Democratic hands, [laughter]—in
stead of thirty millions, about three or
four millions. But there is a use for
taxes besides carrying on the govern
ment of the country. There is a grow
ing use for taxes because there is a
growing propensity among the public
officers to steal the public money; and
you must have more taxes for that.—
The war is long over. Why are not
the taxes of the Federal Government
reduced down to about seventy-five
millions, instead of being three times
that amount? Why? Because it is a
convenient thing for the eighth regi
ment of office-holders, counting each
regiment at 1,000 strong, and making
an army of 80,000 office-holders, it is a
convenience for these gentry to have a
little surplus money in the Treasury.
They raise their salaries with it. Be
sides, there is about one-third of the
money that never gets into the Trea
sury. They steal it on tho way.—
I wonder how many of those fel
lows that are defaulters are in the
tentiary. I think I will have an
inquiry made of that sort. That they
have been stealing at a woful rate all
over the Union is an admitted fact.
Why, they have an investigation going
on at Washington all the time of some
new, fresh gang of thieves that has
just been detected. They don't deny
it. Stealing has become a regular, or
ganized branch of business. It is not
incorporated yet—[laughter]—but it
has formed itself into rings. You don’t
know anything about those rings ex
cept that occasionally you see them
noticed in the newspapers. But I will
tell you what you do know. You know
that if one private man steals the prop
perty of another he is indicted and sent
to the penitentiary. You all know that.
But when a public officer, who ought to
be doubly armed against the tempta
tions of public plunder, when he, with an
enormous salary, devotes his whole time
to find out how much more he can get
out of the public treasury than he is
entitled to—when that is the case, when
he steals, when he shamelesslyand no
toriously steals before the eyes of the
whole world, it is called—what? steal
ing? Not a bit of it. It is called a de
falcation. That is one of the means of
throwing sand iu the eyes of the peo
ple. If they would call it by its true
name, the people would understand the
whole of it. They would punish the
fellow. But it is ‘defalcation.’ Now,
our Ohio Penitentiary has more than
1,200 men in it, and probably fully one
half are there for petty crimes, but all
that they steal put together would not
amount to the official stealing of a
single rogue in Washington City in one
night.”
A Dream that Parted Man and Wife.
Bundy has been married.two weeks
and has left his wife. Bundy is a little
man, and his wife weighs 240 pounds,
and was the relict of the late Peter
Potts. About ten days after marriage
Bundy was surprised, on awakening in
the morning, to find his better half sit
ting up in bed crying as if her heart
would break. Astonished, he asked the
cause of her sorrow, but receiving no
reply he began to surmise that there
must be some secret on her mind that
she withheld from him, that was the
cause of her anguish, so he remarked
to Mrs. B. that as they were married
she should tell him the cause of her
grief, so. if possible, he could avert it,
and after considerable coaxing he elicit
ed the following from her;
“ Last night I dreamed I was single,
and as I walked through a well-lighted
street I came to a store where a sign in
front advertised husbands for sale.—
Thinking it curious, I entered, and
ranged along the wall on either side
were men with prioes affixed to them,
some for 81,000, some for SSOO, and so
on to 8150. And as I had not that
amount I could not purchase.”
Thinking to console her, B. placed
his arm lovingly around her, and ask
ed :
“And did you see any naan like me
there?”
“Oh, yes,” she replied, drawing away
from him ; “lots like you. They were
tied up in bunches, like asparagus, and
sold for ten cents pei bunch.”
Bundy got up, and went to see his
lawyer if he had sufficient grounds for
divorce -
The Georgia Crops.
Atlanta, Ga., September 23.— The
monthly report of the condition of tne
crops of Georgia, State Department of
Agriculture, for the month ending 15th
instant, gives the following general
averages of yield for the crops named
compared with the yield of last year :
Corn, 85; eotton, 73; sugar cane, 70;
sorghum, 105; sweet potatoes, 75; field
peas, 81; ground peas, 75. The area of
turnips sowed, compared with last
is 102,