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fISTABLISHED
[COAIMrNICATED.J
The Ordinary.
Editor of Constitutionalist : The
writer respectfully asks for a small in
your valuable journal, to say a word m be
half of Judge Samuel Levy, who is a can
didate for re-election to the office of Ordi
nary of,this count*. There ate many rfeh
sons which strike l my mind as entiflirfg
Judge Levy to the support of the voters of
the county. He has been Ordinary for
eight yeais and under varied surroundings,
and during the whole of that period there
has uot come to the, knowledge of a&y one
a single charge affecting his integrity as a'
man or his judgment as an officer, I-am
told ids decisions as a Judgli hkve, alifldSr
without exception, beeh approved by the
higher courfar " * w '*' ; '
Alien you eonuder that his office is one
requiting him to pass upon nice questions
about estates, minors’ homes lands, Ac, / this
is no mean praise. The lawyers say, I
believe* tfiat he is always fair and
courteous, and does -his auty without
giving olicnse. Jiut ti string point in liia,
favor is this, viz: There are a, very., large,
number of person*, widows, orphans mi
nors, etc., vr ho are compelled todo business
in the Court of Ordinary, aud they ar? not
able to employ lawyers to represent them.
The writer knows personally that in such
cases Judge Levy’s intimate acquaintance
with ail matters connected with his office
has for years enabled him, w ithout fee and
without violating’ his duty as n possible
Judge of the case, to give advice and as
sistance to those thus ueeding and seeking
it. This course may possibly take some
money from tho lawyer’s pockets, but I
think, as a body, they appreciate lus motive
and the value of the services thus reudereda
the poor. The office of the Ordinary con
tains a vast number of papers and records
connected v^ithestates. T° learn where these
are so as to be able to place your hand
upon tlicm at a moment’s notice, and thus
save lime, labor and expense, requires long
acquaintance with tho office. Such things
cannot be learned in a day or in a year, aud
yet the knowledge of them is very impor
tant to the public. It 1 am not mistaken
nearly every grand jury has commended
Judge Levy for the neatness in which his
office is kept, and liis intimate acquaint
ance with everv detail of its business. This
I regard as no small matter. Judge Levy is
an Israelite, one of those who form an im
portant parted the wealth and influence of
our community, and I believe he is tho oply
one holding a public office. They are enti
tled to some consideration at our hands,
though they have not and will not ask it on
any such ground.
Mr. Editor, 1 never voted for ftn inde
pendent candidate in my life. I was born
and raised a Democrat, and yet I cannot
bring my mind to look upon the candidacy
of Judge Levy as such an independent can
didacy as will effect the great Democratic'
party and destroy its unity. I have noth
ing to say against Judge Both well, the nom
inee. From all I can hear of him he is an
intelligent and honorable gentleman, but
under all the circumstances, it dees seem
that Judge Levy should be rp-elecled. The
officers m charge of such matters as eome
under the control of the Ordinary should
be changed as seldom as possible, and espe
cially in these hard times when it is impor
tant to save every dollar, we ought to hesi
tate long before turning out one wlm> has
exhibited care, economy, good sense, and a f
constant desire to further the great public
trust committed to his charge.
Democrat.
FOREIGN NEWS.
•t’he 'Hftstem
of tho Armistice.
London, December 30.—The Reuter
Telegram Company has the following:
“Paris, December 31.- It is officially
announced hero that the armistice has
Iteeu prolonged until the Ist of March.”
CoN.srANTixpPLE, December. 30.—At
Thursday’s sitting of tho conference,
which lasted tour hours, it w is decided
that tlie armistice should be prolonged
until the Ist of March, 1877. Turkish
delegates submitted objections to sev
eral of the proposals made by the con
ference, cbielly ou the subject of guar
antees. The discussion followed on
those questions in which Count Chan
dordy, French Plenipotentiary, took a
leading part. The next sittings of the
conference will be on Saturday and
Monday, and it is expected that rapid
progress will bo made with the delib
erations. The apprehensions recently
entertained of an unfavorable issue are
now considerably diminished, and a
pacific solution of the pen ling ques
tions is anticipated.
The British fleet has loft Beslka Bay
for the Fir*us.
The rail M all Gazette of this after
noon states that the proposal for the
prolongation of the armistice wits made
by the Porte, and it considers that this
action adds much to the hopefulness of
the situation. Itbelievee Turkey has put
forward a proposal that a police force,
composed of lurkioh regular troops,
under European officers, shall super
vise the application of reforms in the
provinces. Whether the Czar and his
Ministers will be content with it, the
rail Mall Gazette seriously doubts, de
claring it easier to believe the Russian
army must light unless its sovereign
can boast of a far mere obvious diplo
matic victory than it is likely to ob
tain—than that it will be ordered home
by a government virtually defeated in
the Conference Chamber.
London, December 30.— A Timed cor
respondent at Constantinople takes an
encouraging view of the situation from
the prolongation of the armistice and
the entertainment by the conference
of the Turkish objections by members
of the conference and tjieir referment
to the respective powers for instruc--
tions. This seems to have been the re-
suit of Thursday's session or the con
ference.
St. Petersburg, December 30.—The
Galos thinks the Sultan can make con
cessions demanded by the Powers with
out four of the fanaticism of Tarkish
people, which is rather produced by
the Government for its own purposes
than spontaneously directed against its
policy. The Galos adds : Wise conces
sion will strengthen the Sultan’s posi
tion, while stubborn opposition would
undoubtedly produce serious conflicts.
London, December 30. —The Moscow
Gazelle says iu the event or the confer
ence heiug broken off, liusela would
have to force upon Turkey, not her own
decision, but that of Europe. Europe
would then virtually make war against
Turkey with Russian arms. The mere
friendly neutrality of Europe would
not suffice, as it was not Russia who
raised the Eastern question. Russia
could not afford to risk a rear or flank
attack upon the Porto in addition to
the sacrifice which a war would entail
upon her. Russia must, therefore,
unite her war interests with that of
some other power.
[Note—The foregoing is a hint that
Russia will not operate alone against
the Porte in case negotiations fail.J
.I.
A quail in Paris has b< O 1 kept for
two years in a cage with other quails
destined for the market. Whenever a
customer appears, the quail we speak
or perches on one leg and frizzles him
self up into a fluffy ball, which if a sign
of illness in quails. The customer
looks at him with disgust and says.
“Xo, not that quail, the bird is sick, ’
and so this ingenious velatile lives on
iu peace and comfort, while his com
panions depart ODe by one to their
allotted toasts.
jiff) Sltigogta Constitutionalist
r FROM WASHINGTON.
Washington, December 30. The
House adjourned to Wednesday with
out business.
- Senate, no session,
JPrjaidqnJ of the Senate, had-a long in
terview with Grant to-day.
The thousand dollar counterfeit bill
is daugerous. *>Ooe which has found
its way to the* Treasury had been taken
by a bsnk and paid out again.
The* Oregon investigation, by the
Committee on Privileges and Elections,
developes nothing new.
A Herald editorial under the cap
tion, “The Prospect of an Honest
Count,” commences: “A noteworthy
Washington dispatch,. in the San
yesterday strongly corroborates the
intelligence which we . received six
or eight days ago from our
own sources of intelligence. Our
information was confidential, and we
weie only permitted to shadow forth its
substance without liberty to state de
tails. The correspondent of the Sun
obtained greater liberty frofn his
informants,, &qd we are glad to find Our
private advices publicly confirmed from
a source which we have many reasons
for deeming trustworthy. * We knew
that trusted Republican Senators were
only waiting for a proper time to act,
and the intelligent dispatch to the Sun
partially relieves us from the pledge
of secrecy respecting the names
and details.by which our own. corres
pondents consented to be bound. Ac
cording to the information of the San,
Mr. Blalue, a8 wqR as - Mr. Conkliug,
stands ready to abjure’party in the in
terest of justice, and neither of them
will boa partiapd rotiminis to the
counting or Mr. Hayes.: If it shall ap
pear, on a candid review of the evi
dence, that ho was not fairly elected,
this not only accords with our own in
formation, but with the intrinsic proba
bilities of the situation.”
Washington, December 30.—The
Secretary of the Navy has ordered
meteorological observations at 7:35 a.
m., Washington time, on all vessels
every day. wherever they may lie.
These records will form part of the
loternatiobai meteorological observa
tions.
Barnes, the New Orleans telegraph
manager, has not arrived. It is under
stood the telegraph authorities, have
taken no steps toward obeying sub
poenas, but neither have they taken
steps to defeat them. They are wait
ing for developments in tho case of
Barnes, around whose person revolve
the question of their duties and privi-*
leges. 4 > ...
The Aiabama Claims Commission has
adjourned sine die.
Major George Bell is ordered to re
port to the Commanding General of the
Department of the South at Atlanta, as
Chier Commissary of that depart
ment.
Captaiu Cushing is ordered to tho
Pacific.
Dangers of tUe Deep—Marine Disasters
New York, December 30. —The ship
Circasian is ashore off Ling Ila(l,
and has gone to pieces. Twenty-nine
lost.
The Crown Prince brought quarter
of a mtilion in specie.
Norfolk, December 30.—The British
bark Tin to, before reported ashore
twenty-one miles north of Kitty Hawk,
has gone to pieces, and will prove a
total loss. The crew arrived hex’e this
afternoon.
Charleston, December 30.—The Disco
stranded on Charleston bar is In a dan
gerous condition. Vessel probably will
be wrecked. Part of the cargo of cot
ton will likely be saved.
New York, December 30.—The brigan
tine Liliian Cameron, which went
ashore a few days ago, went to pieces
last night.
I’RoviNGETowx, Mass.. December 30.
Six schooners were driven ashore on
the harbor by last night’s storm.
Sandy Hook, December 30. —The tele
graph operator saw what ho supposed
to be a sloop capsized outside. It dis
appeared in fifteen minutes.
New York, December 30.—Tho Cir
casian went ashore iu the storm of the
11th. Her crew were saved by ropes
thrown across the vessel by rockets
from ashore. Wreckers went to work
on her. Tho storm yesterday caught
thirty-three men aboard, four of whom
were washed ashore nearly dead. The
Cireasian, formerly a steamer and
blockade runner, was from London for
New York, with an assorted cargo. The
vessel was insured for §IOO,OOO iu Lon
don ; the cargo was Insured for §90,000
In New York.
Philadelphia, December 30.—Steam
er Virginia, heucs for Charleston, has
broken her shaft aud returned for re-
I pairs.
Norfolk, December 30.— The Italian
bark America, for Baltimore, In bal
last, went ashore :the night of the 24th
of December, twenty-five miles north
of Cape Hatteras, near Life Saving
Station Number Niue. She will prove
a total loss. All the crew were saved.
How to Treat Mischievous Children.
Here is a little child, who is a great
tease and trouble. He is always
asking to do this or that impossible or
uftpormisslble action. He bursts in
abruptly upon the conversation of his
seniors.* He destroys all peace in the
house by shouts and screams, imperi
ous demands on the time and atten
tion of every one, endless interrup
tions of every one's affairs. He is an
imp of mischief, breaking furniture,
overturning inkstands on the carpet,
setting fire to valuable papers, driving
nail 9 into the furniture. How shall you
abate this nuisance? You may try to
destroy these bad habits by scolding
him, by rebukes, by lectures, by
punishments. That is one way,
but not the best. These bad
habits often spring from an in
stinct of activity, an intense desire to
do something, which the Creator has
given the child as a means of mental
and moral growth. In trying to pull up
the tares, you aro in danger of root
ing out the wheat
ceed by force in changing his disagree
able torment of perpetual activity into
a dull quiet, you have changed a bright
boy into a dull one. A better way than
destroying this tendency is to fulfil it
by giving him plenty of occupation of
an innocent kind. Give him a heap of
sand to dig, sticks of wood to build
houses with, a box of tools and boards
to saw. Set him at some work useful
or interesting, or, at least, harmless.
He will like all this better than he likes
mischief. All his irregular activity was
a cry for something to do.—[Rev. Jas.
Freeman Clarke.
The Aiken Democracy are to hold a
mass meeting on the btb of January' to
consider the political condition of the
State. a B
Washington Nation: “The only difference
between Chamberlain and Hampton is
that one is trying to make troops of friends
and the other f* lends of troops.”
HEAYY LOSS OF LIFE.
<•*.
Particulars of the Ashtabula Disaster
—Eleven Cars Precipitated a DiaJ
tanoe of Sixty Feet—Over One Hun
dred Persons Killed and Wounded.
Cleveland, December 30. —The un
fortunate train is known as the Pacific
Express, and consisted of six coaches,
two drawing room cars, with the usual
express and baggage cars and two en
gines. The relief cars hence was two
hours in reaching the scene, though
drawn by two engines and the distance
only thiety miles. Daniel McGuire, En
gineer of the forward eDgine, relates
that the train was running at a slow
rate, and just as they had fairly crossed
the high bridge, which is not more than
forty rods distant from the depot, he
felt a violent jar, and in an Instant [the
coupling between the two engines had
broken, and the whole train was pre
cipitated with the bridge iuto the river
below. McGuire says that his engine
was pulled back nearly to the edge of
the broken span before tho coupling
severed, and it regained its forward
motion barely in timo to rave itself.
The bridge over Ashltbula river was
au iron truss bridge, and had been in
use about eleven years. The span is
near one hundred feet wide, and through
the space between Sows the river, about
four or five feet deep at this time, and
thickly covered with ice. Into this
space were the eleven cars, and one
engine and tender precipitated—the
fall of sixty feet, of course, breaking
through the icy covering, which shiv
ered the cars as if a magazine of nitro
glycerine had exploded beneath them.
The seven passenger coaches, alto
gether, contained about 165 adults, be
sides a number of children. In the
drawing room car, which was bound
for Cleveland, were nine persons,
all of whom are supposed to
have perished by drowning or fire. In
the two sleepers bound for Chicago
there were thirty-five passengers, and
most of these, in the forward car, are
saved, with injuries mors or less se
vere. Within a very few moments af
ter the crash the flames burst out sim
ultaneously from nearly every car.
The latest statement gives sixty wound
ed and one hundred killed.
Wounded-—B. C. Wright, Nashville,
about the back, can he moved; Walter
Hayes, Lexington, Kv., slightly.
Cleveland, December 29.—Tho fol
lowing special to tho Leader is the
very latest: Charles S. Carter, of
Brooklyn, N. Y., says he was sitting in
a palace car with three other persons,
engaged in a friendly game of cards,
when suddenly he heard the window
glass breaking in the forward car, and
almost instantly the car began to fall.
He was seated with his back
towards the front of the car, and
as he went down he sat as
quietly as he could and held on. When
the car struck the bottom of the ravine
he found himself almost unhurt, al
though one of the’ men who was play
ing oards with him, whose name he did
not know, was killed, while another, a
Mr. Sheppard, of New York, had hia
leg broken. Mr. Carter says the front
of the car was much lower than the
rear, and the flames in front began to
eat their way upward and spread with
great rapidity. He turned to as
sist Mr. Sheppard, and with great
difficulty succeeded in getting him out.
When Mr. Sheppard was fairly out,
Carter returned to the assistance of a
woman who was calling for help at the
front end of the car. He got her out,
and as she was quite thiuly clad, gave
her his overcoat. After reaching the
hotel, ho found himself severely bruised
in several places. In the great peril of
the hour, a man rushed down to tlie
scene of tho disaster, ready to ren
der his assistance in rescuing. He
saw a woman struggling for life and
went to her assistance. He carried her
by main force to the solid Ice, aud then,
urged by the cries of the mother, went
back to rescue her daughter, a sweet
child of three or four years old. Tho
wood of splintered cars had caught
the child in its grasp, and the fire
completed the horrible work. The
man was compelled to see the
child enveloped in flames and to
hear her “Help me, mother,”
ringing out on the gong of death.
In a moment she was lost, swept up by
the sharp tongue of lire, while the
mother, iu helpless agony, fell to the
earth in a deadly swoon. There was
on board a family named Bennett, ou
their way from New York State to Jef
ferson, Ashtabula county. The father
and mother got out of the wreck, and
the children were only saved by being
tossed from the arras of one man to
another over the pile of burning wood.
One of the children was seriously in
jured, and all were slightly scratched.
This morning the mother, who was
enciente, gave birth to a child, the
event being hastened by the excite
ment oho had undergone.
Ashtabula, December 29. —There are
127 missing. The dead are disfigured
beyond recognition. All the cars were
burned to cinders.
The Status of Affairs in Louisiana and
Florida.
New Orleans, December 30.—The
Senate Committee is engaged in hear
ing Republican testimony in regard to
bull-dozing in ouachita, and the Sen
ate sub-committee in relation to East
Baton Rouge. The interest in the in
vestigations has abated considerably,
owiDg to a surfeit of contradictory
testimony, and the approaching strug
gle of the parties will be for the con
trol of the State government.
Jacksonville, December 30. —The
Senate Committee is still iu session
here. No important developments.
The sub-committees of the House have
not yet returned. The Republican
leaders here give up the State to
Drew.
Minor Telegrams.
Erie, Pa., December 30.—A heavy
snow storm blocks the Railroad busi
ness in this section.
Louisville, December 30— Seven un
known young men from Utopia, Ohio,
were drowned by the breaking of an
ice gorge in the Ohio river.
Toronto, December 30.—The strike
engine drivers, with snow, has stopped
freight and passenger trains on the
Grand Truntc Road.
Portland, December 30.—There is no
strike on the Grand Trunk Railway
this side of Island Pond. Trains run
as usual.
St. Louis, December 30.— The Drug
Company’s warehouse was destroyed
by fire. Loss $60,000.
Liverpool, December 30.—The ship
City' of Montreal, here from New York,
reports she seen the bark Maria, from
Duboy for Belfast, dismasted and
water-logged. Thirteen hands were
seen on board the Maria, but it was im
possible to render aid inconsequence of
the gale prevailing.
AUGUSTA, GA., SUNDAY. DEGEMRF.I! 31. 1876.
SITRKXK COURT.
DECISIONS RENDERED IN AT
LANTA, GA . DEC. 26, 1876.
Hon. Hiram Warner, Chief Justice;
Hons. L. E- Bleckley and Jas. Jack
son, Judges—Exclusively Repotted
for the Constitution, by Henry Jack
son, Supreme Court Reporter.
Hayden vs. Anderson et al. Claim, ttem
Morgan. 1
Warner, c. j.
This was a claim case, on the trial of
which the jury found the property
subject to the execution levied thi£e
on. The claimant made a motion for a
new trial oil the various grounds there
in set forth, which was overruled py
the court, and the claimant excepted.
Two of the main grounds of error in
sisted on here were that the
erred in not ruliDg out, as eYidenfa?,
the plaintiff fl. fa., and the decree bn
which it was issued, on the ground,
that no valid decree had been entered
up in the case, and also that tlie qoiirt
erred in bolding that the bond s%n#d
by WJ L. Thrasher as security on tie
stay of execution, was in lawagodd
statutory stay bond, and created a lieu
on his property from the date of the
execution thereof. It appears from
the evidence in the record, that the
jury ou the trial of the equity caiv*e
found and decreed iu favor of the com
plainants against the defendants a cer
tain specified sum or money, whipti
was fully and specially set forth in the
verdict.
The chancellor made and signed the
following on the 12th of May, 1875:
“Upon hearing and considering the
foregoing verdict and decree of the
jury, it is adjudged and decreed that
the same is hereby adopted, and ap£
proved, and is now signed by me.” The
bond for the stay of execution entered
on the minutes of the court, and signed
by both parties named therein, was as
follows, to-wit: “James C. Anderson et
al. vs. Early W. Thrasher, executor
of Barton Thrasher, deceased. Ver
dict and decree for the complainants
for ten thousand dollars, principal and
costs, against E. W. Thrasher, individ
ually. The defendant in the above
stated case comes forward and de
mands a stay of execution according to
the statute iu such cases made anjd
provided, and brings Albert M.
Thfrasher, Wilsoq L. Thrasher, and the
firm of Thrasher & Thrasher, com
posed of Barton H. Thrasher and Al
bert M. Thrasher, and they, the said
Early W. Thrasher, Albert M. Thrash
er, Wilson L. Thrasher and Thrasher
& Thrasher, acknowledge themselves
jointly and severally bound unto James
C. Anderson et. al., complainants iu the
above stated case, for the payment of
the said verdict, aud decree, and costs
in said cuuso. In testimony whereof
the said Early W. Thrasher, Albert M.
Thrasher, Wilson L. Thrasher aud
Thrasher & Thrasher have hereunto
set their hands and affixed their seals
this 12th of May, 1875. Approved, B,
Heyser, Clerk.” The claimant claims it
title to the property levied on under "
deeds conveying tho same to btm by \
the defendants und au assignment of a
bond for titles to a portion of tlie
property, all executed on the 2d day of
June, 1875, aud one of the questions is,
whether the property of W. L. Thrash
er, one of the securities on the stay j
of execution, was bound for the pay
ment of the judgment in the case in
which the execution was stayed from the
date of the stay bond sigued by him ?
By the judicary act of 1799, the pro
perty of tue defendant was bound from
tho Signing of the judgment, but the
defendant against whom such judg
ment was entered might, within four
days from the adjournment of the court,
enter good aud sufficient security, eith
er in open court or in the clerk’s office,
for the payment of said judgment and
costs, within sixty days, and if such
party shall uot pay the same agreeable
thereto, execution may issue against
such party aud the security, without
any other proceeding thereou. Such has
been the law of this State from 1799 up
to the present time. See Code 223661,
3662. The uniform construction which
lias been given to this statute, so far as
is known or believed, from the time of
its enactment in 1799, up to this day,
has been that the property of the se
curity on *he stay of execution was
bound for the payment of the judg
ment from the dato of the stay bond
signed by him. But it is said that the
statute does uot declare that the stay
bond shall constitute a lien on the
property of the security. Tho act of
1799, however, declares that the prop
erty of the defendant in the judgment
shall he hound from thesiguiiig there- '
of, and that execution may issue agaiust i
him aud the security, without any I
other proceeding thereon. If it was j
not intended that the property of the
security on the stay of execution should
be bound for the payment of the judg
ment in the same manner as the de
fendant therein,why declare that execu
tion might issue against the defendant
in the judgment and the security, with-
out any other proceeding thereon? Au
execution is the remedy provided by
law to enforce the safe of property
bound for its payment, either by the
terms of some statutory enactment or
otherwise. The property of the se
curity on the stay of execuclon,
in this State, is bound for the
payment of the judgment by
force of the statute, and that is the
fair and legitimate interpretation there
of when it declares that the execution
shall issue against the deieudant iu
the judgment and the security, without
any other proceeding thereon. Why
authorize the execution to issue against
the security without any other pro
ceeding thereon, if it had not been in
tended that his property should be
bound for the payment of the judg
ment, as well as that of the defendant
therein? If the property of the secu
rity, on the stay of execution, was not
intended to be bound for the payment
of the judgment from the time of his
signing his name to the stay bond or
recognizance in the clerk’s office, there
would seem to be no good reason for an
execution to issue against him, as well
as the piincipal defendant, to collect
the amount due on that judgment.
Besides, if the property of the se
curity on the stay of execution is
not bound for the payment of the
judgment from the date of the stay
bond, the plaintiff who has been
delayed iu the collection of his
judgment for sixty days, derives no
benefit from the security, during the
time of the delay, and has no addi
tional property bound for its payment
during that time. The statute clearly
contemplates that the property of the
security shall be bound for the pay
ment of the plaintiffs judgment, in
authorizing an execution to issue
! against him therefor, by some “pro
i ceeding.” What is that proceeding ?
Evidently that good and sufficient
security shall be entered either in open
court, or clerk’s office, within four
days, for the payment of the judgment
and costs within sixty dais. The act
of 1799 did not. require "tt at a bond
should be given, as tin- C< de uow does,
but that guml and sufficient security
must be entered for the payment of
the judgments and costs; that is the
“proceeding” which binds the property
of the security to pay the judgment
according to the statute, and* when
that proceeding Is had, the
property of the security is bound for
the payment of the plaintiff’s judg
ment, just as it then stands, from
the date of that proceeding, because
the execution is authorized by the stat
ute to be issued against the security,
without any “other proceeding there
on.” The execution must necessarily
relate back to that proceeding of en
tering the security iu the clerk’s office
for the payment of the judgment for
its foundation and legal support, for
the simple reason that it has no other,
and if that proceeding does not hind
the property of tba security on the
stay bond, so as to authorize the plain
tiff to have execution against him,
then there is no legal authority for the
plaintiff in the judgment to have exe
cution against the security on the stay
thereof, after the expiration of the six-
ty days. It is that proceeding in tho
clerk's office before referred to, and
that alone, which binds the property
of the security und authorizes tlie
plaintiff in the judgment to seize and sell
the same, under au execution aguinst
him in satisfaction of that judgment. If
that proceeding in tho clerk’s office, us
declared by the statute, does not bind
the property of the security for the
payment of the plaintiff’s judgment,
then it is uot bound at all, aud there is
no legal authority for issuing an exe
cution against the property of the se
curity to satisfy the plaintiff’s judg
ment ; but the statute recognizes that
proceeding as binding the property of
the security, when it declares that exe
cution may issue against the defendant
in the judgment and security, “with
out any other proceeding thereon.”
The statute does not declare that the
property of the security shall be bound
for the payment or the judgment from
the time of issuing or of levying the
execution, and the only logical conclu
sion is that the property of the Security
is bound for the payment of the judg
ment from the time of signing the
boud, without any other proceeding
for that purpose. Such it is believed
has been the contemporaneous con
struction of the act of 1799, and that
the bench and bar and people of tlie
State, have acquiesced in that con
struction up to the present time.
But be that as it may, the deeds un
der which the claimant ciaims title to
the property levied on were executed
by the defendants to him through liis
agents, A. M. & B. H. Thrasher (the
claimant not being present) who wero
both securities on the stay bond, and
as a matter or course had full knowl
edge of its existence, who were the
parties to it, as well as of the exist
ence of the judgment on which thei
execution was stayed. Notice to the
claimant’s agents, through whom the
(property was purehused from the de
rfendants, was notiee to him of the
above recited facts, inasmuch as they
must necessarily have had notice of
them at the time of tho alleged trade
and conveyance of the property.—
Code, 2200. In point of fact, it would
seem from the evidence in the record
that the claimant had but little to do
iu negotiating the trade for the prop
erty, and taking the conveyance there
for; that part of the business appears
to have been managed entirely by
Thrasher & Thrasher,jwho acted as his
agents, and who wero two of the secu
rities on the stay bond, and who must
have known at that time, as his agents,
all about the condition of the property,
and of the incumbrances that * wero
upon it, and must have remembered it
at the time.
As to the property levied on as the
property of Early W, Thrasher, the
principal defendant in the judgment,
and couveyed by him to J. J. Thrasher,
and who executed a bond for titles
therefor to W. L. Thrasher, who as
signed said bond for titles to Havdeu,
the claimant, it appears that all the
purchase money had not been puid for
the property at the time of the assign
ment of the bond to the claimant, on
the 2d of June, 1875. IT the convey
ance of the property by Early W.
Thrasher to J. J. Thrasher was a fair
and bona fide transaction, and not in
tended to hinder and delay tiie collec
tion of the plaintiffs’ demaud against
him, then the title to that property is j
in J. J. Thrasher, and not in the claim
ant, who had no legal right or author
ity, so far as the record shows, to claim
J. J. Thrasher’s property for him. The
evidence in the record is that the de
fendant, E. W. Thrasher, continued in
possession of the property until after
the date of the judgment against him,
and up to a short time befoie the levy
was mads thereon by the sheriff.
The decree which the chancellor
signed was not as formal as it might
have been, or good pleading may have
required, but it was a substantial com
pliance with the Code, referring to the
verdict, and adopting it as a decree of
the court; it was sufficiently certain
for all legal and practical purposes.
In view of the evidence contained in
the record, and the law applicable
thereto, there was no error in the judg
ment of the oourt in overruling the
claimant’s motion for anew trial.
Let the judgment of the court below
be affirmed.
Collier & Collier; E. N. Broyles;
Thrasher & Thrasher, for plaintiff in
error.
Keese & Reese for defendants.
Pease vs. Dibble & Bunce. Sci. fu.,from
Mclntosh.
WARNER, C. J.
This case came before the court be
low on a scire facias to revive a judg
ment. The defendant pleaded that
the judgment had been paid, and on
the trial of that issue the j ury, under
the charge of the court, found a verdict
in favor of the plaintiffs. The defend
ant made a motion for anew trial on
the several grounds tUerein set forth,
which was overruled by the court, and
the defendant excepted. The evidence
in the record as to the payment of the
judgment was conflicting, and the
charge of the court was quite as favor
able for the defendant as he was enti
tled to under the evidence. It appears
from the defendant’s own testimony
that, whilst the plaintiff’s claim was in
the hands of Bacon, as their attorney,
for collection, that he also placed in
Bacon’s hands a claim of his own,
against another person, and instructed
him to collect the same and apply it to
the payment of the plaintiffs’ judg
ment, which he agreed to do; that he
collected the money and failed to apply
it os instructed. So far as the collec
tion of the claim placed in Bacon’s
hands by the defendant, with instruc
tions as to the application of the pro
ceeds thereof when collected was con
cerned, Bacon was the attorney of the
defendant and not the attorney of the
plaintiffs, and it does not appear that
they had any knowledge of the trans
action between Bacon and the de
fendant whatever. If Bacon has
collected money for the defend
ant on claims placed in bis
bands, and has failed to apply the
same as instructed, or to properly ac
count therefor, then he must prooeed
against Mr. Bacon, and not charge the
plaintiffs with it, who had nothing to
do with that ihatter, so far as it ap
pears from the evidence in the record
before us. There was nothing in the
motion for anew trial, on the ground
of newly discovered evidence, which
would have authorized the court to
grant it.
Let the judgment of the court below
be affirmed.
W. U. Garrard, W. A. Way, for plain
tiff in error.
R. E. Lester, W. R, Gigniiliat, for
defendants.
Goy. Colquitt’s Administration.
OOL J. BULOW CAMPBELL.
As there nre so many men wantiog
office tiiese days, we doubt not but thnt
Gov. Colquitt will have tho greatest
number of applications for all the
places within his gift; especially will
many apply to bo one of his Secretaries
or Clerks.
But thero is one position that we
hope tho Governor will make no change
in—aud that is the position of Financial
Secretary. Col. Bulow Campbell, for
merly of this place, now holds It. He
is one of the most courteous, polite,
kind and obligiug gentleman we ever
know; and holding the position under
Gov. Brown, he was a universal favorite
with every one who had any moneyed
transactions with the State. Gover
nor Smith, upon going into office, hav
ing appointed Colonel Campbell to his
old position, we doubt not but that he
has given the same satisfaction that he
gave while with Gov. Brown. Hia ex
perience in the position he uow occu
pies, with his fine sense and good judg
ment, certainly makes him not only the
readiest, but perhaps the safest (or
least liable to commit errors) of
man in the State—at least such is our
opiuion. So viewing the matter-—and
in common with all of our citizens,
feeling a warm attachment for him and
desiring to have bim retained where he
has heretofore acted his part so well.
As Gov. Colquitt will make his appoint
ment within a couple of weeks, we have
concluded at this time to give expres
sion to our views and feelings iu the
matter.— Milledgeville Recorder.
Too Thin to Deceive.
It is well that Governor Colquitt is
a hearty, sensible, honest-dealing man.
If he were one of your vain and credu
lous political persons, he would soon
lose all equipoise and contentment.
Elected iu the most conspicuous man
ner to the gubernatorial chair, he has
not yet approached it before hts name
is brought forward in candidacy for
the United States Senate. We are glad
to know that the Governor looks upon
this mention of himself as entirely too
kiDd and excessively generous.
Governor Colquitt would adorn the
Senate und reflect honor upon the State
that sent him into the body, but the
people of Georgia have other need for
his great talents and sterling qualities.
They have made him Governor at a
timo pre-emineutly fitted for the dis
play of his abilities and the confidence
with which they look forward to his
administration is proof of their earn
est desire that he should remain Gover
nor during bis term. Governor Col
quitt knows what the people are ex
pecting, the obligations binding him to
their service, and he is manly enough
and unselfish enough to say that he
will not disappoint tho one nor violate
the other.
We think, too, that he is shrewd
enough'to suspect more design than
sincerity in these mentions of his name
in this connection. The letters sound
as though they came from those who
believe they cannot get office at his
hands, but think, if they can get him
out of the way, their chances with
auotlier man might be better. This is
a favorite game with some people, but
we warn them that it will not work
with Governor Colquitt.— Atlanta Tele-
Pram.
The Centeuial Liar.
Old Mrs. Robertson, who had been to !
the Centennial, struck in on Pettiugill !
last week with a talk about that exiii- ;
bit ion of national prosperity. She told !
him all about what she had seen, ami
then what each one of her party bad
seen. After asking about the butter
woman and a hundred wondertul
things that Pettingill had to say he j
didn’t see, the old lady asked with I
much interest:
“Well, what did you see?”
“I saw,” said Mr. Pettingill, looking
at her inteutly, “I saw au ice-cream j
horse, life size, galloping around the i
track.”
“Oh, Mr. Pettingill,” said the old
lady.
“Yes, madam, you may well say ‘oh.’
It was wonderful that you didn’t see It,
but then they took it back to freeze it
hard every five minutes, so you may
have missed it.”
“Oh, Mr. Pettingill!”
“Yes, madam, and I saw the lard
eagle of which you have spoken, aqil
heard it scream—a wild scream of
agony like a bird that had been talked
to death about the Centennial. As I
left the grounds, Friday evening, it
soared up aud flew off to Cincinnati.”
“Oh, Mr. Pettingill!”
“Yes, madam, aud I saw the carriage
George Washington rode in, and three j
queens and a jack that he shoved un-•
der the seat when he sat outside of the
church playing draw poker, and Mrs.
Washington lighted in on him eatlter
than he expected from a short sermon,
aud I saw a handful of his liair that
Mrs. W. took out that identical Sabbath
morhing.”
“Oh-h-h, Mr. Pettingill!”
“Yes, madam, and I saw the quilt
worked by Queen Victoria and the
Princess Beau Ice, and all the other
princesses, and I counted the nineteen
billion four hundred and sixty-five
stitches in it while I was standing
there.”
“Oh, Mr. Pettingill I”
“Yes, madam, and I saw the silk
making machine, where you put in a
silk worm at one end and it comes out
at the other a full blown silk dress,
ready made, with a live humming bird
iu the back.”
“Oh, Mr. Pettingill, wait till I go and
call Emily to come in and hear ail
about it,” and the old lady hurried
out.
“I won’t be here when she comes
back,” said Mr. Pettingill, taking up
hie hat in a hurry “and so she may not
hear all about it. I am determined
when lam talking about this centen
nial business to tell the truth, the
whole truth, and nothing but the truth,
so help me Bob.”
The citizens aOout Ninety-hix ate dis
easing the Greenwood and Augusta
Railroad project.
SOUTH CAROLINA NEWS.
The Sand River and Barton’s Pond
Railroad may now be considered a fait
aooompL. With a capital stock of
310,000,000.
Abbeville appears to be matrimonial
ly Inclined. Six marriages are an
nounced in the last Issue of the Prtss
and Banner.
The* gin house of Capt. J. N. King,
near Ninety-Six, was destroyed on
Wednesday night of last week by the
torch of an incendiary.
The ninety-first Conference of the
South Carolina M. E. Church com
menced its annual session at Chester
on the 13tb lost., Bishop H. H. Kava- ,
naugh presiding.
Married, on the evening of Novem
ber 29th, 1876, by the Rev. J. C. Bissjl,
at the residence of the brid’s mother,
Dr. R. C. Brabham, of Barnwell county,
to Miss Jennie Bush, of Aiken county
s. c. 7*
News and Courier: The heavy guts
at Castle Pinckney are being dismount
ed and disposed of for shipment to
Philadelphia, where, with other iarse
ordinance recently taken from tie
Arsenal, they have been sold as ojd
iron.
The Columbia Union-llerald : Five
and a half columns or advertisements
of property to be sold for taxes by the
Sheriff next Monday and Tuesday.
There is an average of seventy-five
lots of real estate advertised in each
column.
Sumter Watchman : J. M. Tindall,
our Sheriff, lost his saw null by fire qn
Thursday of last week. His total loss
was $2,300. He was only insured for
$1,300. Supposed to be the work of an
Incendiary. We also learn * f the acci
dental burning of W. H. Steinmeyer’s
gin house on the same day.
A mass meeting, all citizens of Sum
ter couuty, has been called for January
Ist by the County Democratic Execu
tive Committee “to declure their active
and energetic support of the lawful
government of the State of South Car
olina, represented by Governor Wade
Hampton.”
Aiken Courier-Journal : Auditor Wise
and Treasurer Baird have been in
structed by his ex-Excelleney ex-Gow
ernor Chamberlain, to vacate the Offices
of Auditor and Treasurer of Aiken
county, and turn the same over to Jno,
S. Simms (col.), of Hamburg, as Audi-,
tor, and Delevan Yates, carpet-bagger,
as Treasurer. Auditor Wise and Treat '
surer Beaird refuse to recognize Cham
ber lain as Governor, and will hold on.
Abbeville Press and Banner : Henry
Heard, the Georgia negro who site in thß 1
Bogus House, gave some evidence as
to his treatment by various white men
in this county. He says that fifteen
men shot at him fifteen paces, but
never “teched a hair.” If the boys
about Mt. Carmel cau‘t shoot better
than that, we would advise them to
give up their guns. Shall we regard
them as poor marksmen, or consider
Hear and to be a great liar?
News and Courier : The bogus coun
ty officers are in status quo, and seem
waiting for something to turn up with- !
out having any definite plan of opera- I
tion. Ostendorff plays clerk in the
lower office in the clerk’s room up
stairs, The Bar all recognize Mr. Wil
liams, and yesterday the committee of
the grand jury gave an evidence of
their recognition of him as clerk by
sending all their witnesses to him to be
sworn. The bogus trial justices are all
waiting patiently on Judge Reed, who
they expect to approve their bonds for
them. As soon as this is done they say
they intend to select offices and go to
work.
v —i
Why Russia is Not Rushing Into War.
[London Telogtaph.J
Thoro are other considerations which
will affect the issue. Should Russia,
Dressed by ambition, fanatical zeal, or
pure benevolence, thrust a war upon
Turkey, the Northern Power, for the
first time iu her history, would have to
grapple with a disciplined Moslem
army The Jannissaries which con
tended against Souvaroff were the
warriors of Amurath in their decay, j
The so-calied regulais who fought with
Diebitch were hasty levies suiiiiuoneil i
to till a place left vacant by the j
slaughter of the Turkish Pretorians. <
In 1828 the Sultan had, properly speak- 1
iug, no army—merely a raw militia, i
Such is not the case now. The world j
has never witnessed a combat be
tween trained Moslems and well-drilled '
Muscovites; but that is precisely the I
novelty which will be seen should |
the Emperor Alexander imitate the i
Emperor Nicholas. What the Russian
soldier is history has recorded. Wo
need not go back to the fields of Eylau
and Friedland in search of his military
virtuee, sinoe they are set forth iu the
pages describing more recent exploits.
His brave, yet not braver; he is stead
fast, yet not more steadfast; he is obe
dient, yet not more so than the Or
manli; and these soldiers, thus distin
guished for high qualitfes, will have to
meet, should they be hounded against
each other, under oonditions new in
their annals of almost psrenniai war- !
fare. The old style of fighting in dense
columns wfll not do if employed against
the modern Turkish infantry, who, be- 1
sides being deadly shots, have readily
acquired the art of engaging in com
paratively open order and In successive
linos. The tactical improvements in
the Sultan’s regulars constitute an en
tirely fresh element of strength
iu a struggle with Rus
sia. Loog since the Moslem
artillery obtained’ a reputation for ex
cellence, and it is, we believe, far supe
rior to what it was five-and-twenty
years since. The Russian gunners will
there have to meet their equals in the
art of employing a powerful agent of
victory. Nor will the Turks be without
a fine enterprising light cavalry, since
the Circassians—who were driven bv
the Czar out of their native land, and
whom he would expel from the asylum
allotted them—will gallop with fiery
alacrity to cross swords or lances with
their ancient faos, the Cossacks. Thus,
on the Danube, taking into account the
fortresses, the nature of the country,
the scantiness of provisions, the dis
tance from the Pruth, and the quality
of the Sultan’s troops, Russia, in a war
of aggression, or for an “Idea”—some
thing unique in the history of Prince
Gortschakoff—will have to exert her
utmost energies aud strain her vast
resources if she is to succeed.
Luck Bones—An Ancient Nkgbo
Superstition.—A gentleman front Bos
sier recently informed us that a negro
man in that pariah had dug up the
bones of u negro who died about twen
ty years ago, and was retailing them
out at so much a bone to his supersti
tious friends. A finger bone was valu
ed at 91, Negroes attach a supersti
tious value to such “relics,” which they
call “luck bones. u — Sfireveport Turns
SIX DOLLARS A YEAR
A MURDERER'S VISION.
Remarkable Story —How the Con
demned Man Imagined that He was
Executed His Sentence Commuted.
IN. Y. Herald.]
Detboit, Mich., Dec. 27,1876.
Had Belcher, the Essex county On
tario, murderer, been executed on the
-December, as sentenced, it
would bave been bis second execution,
“thte assertion reads strangelv it is
capable of such an explanation as will
render it perfectly plain.
Belcher is a cool man. He staiqed
his hands with human blood only after
he had brooded over bis wrongs for
weeks and weeks, and only after he
had come to the conclusion that his
own life was a burdeu. He scarcely at
tempted a defence when his trial evimo
on. He could have secured witnesses
whose testimony would have influenced
the jury in his favor more or less, but
be would not send for them. He could
have made a statement excusiug hi a
crime in a measure and showing that
he hwi been deeply wronged, b u t he
would scarcely speak. When the Judge
? u t f* e , bJack cap {UI,J sentenced
Belcher to be hanged the murderer
exhibited less emotion than any* othe*"
person in the court room. It was only
after he had been iroued hand and
toot and placed in the murderer’s evil
in the grim jail at Sandwich that ho
seemed to realize ids situation,
w nt 18 !*”! 1 I*ll be there when
7n? te i a nd;. h ? gl I mly observed, and ha
talked freely with the numerous jour
nalists who sought Interviews,
BFXCUKB GIVES WAY.
There were few residents of Essex
couuty who wanted an execution to
take place. The couDtv has not had
one for years, and the influence of the
anti-capital punishment people of
Michigan is strongly felt along the
border. Steps were soon taken to
secure a commutation of sentence.
ras apathetic at first, being
more inclined to put the noose over bis
head than to cast it from him. There
came a reaction. Perhaps the winter
sunshine pouring through the caid
iron bars and warming the flagstones
of the corridor warmed his at
the same time. He could hear tke
merry shouts of the boys as they slid
down hill, or skated on the river be
low, and the musical jingle of sleigh
bells could not be kept out by tie
massive walls. Belcher wanted to live.
He wrenched at his irons with the
strength of a giant, and called out
because the hours and days were flv
!“ g f° He besought the press
to plead his case; he called for law
yers; he remembers that he had wit
nesses. The strong man broke down
and became a child, and every day and
every hour outside of his ileep, “
thought or the grim gallows, the fatal
noose, ami he saw himself dangling in
the air. Three days b ?fore the repi it va
came, he said he would die game; but
he said it with a face as white as snow
and every nerve trembling with rear.
Had he been taken to execution he
could not have walked alone, ami iie
W °A U .. d T^ aVe suak down on the trap.
All Essex county were at last work
ing m his favor. Petitions were cirou-
SiS meetings held, and an irre
sistible influence was brought to bear
ou the Governor General
Belcher hoped and feared. Reprieves
are not so common in Canada that
murderers in the shadow of the cal
lows can rely on them and keep their
courage up. When sheriff and war
den and murderer were counting the
hours, the reprieve came. Belcher
escaped the gallows, but the doors of
Kingston were to close on him for life
it was evening when the news came*
and when the telegram was read to him
he could not utter a word.
A SHOCK TO THE PBISONER.
An hour before the sun went down
lh ** l* r l quiet ’ Xt ia always so
JJ" 1 Bha<Jow of death holds the
kejs. Be.cher paced up and down, his
face haggard and worn and his eves
wearing such a look as one never sees
outside of prison walls. Out in the
court-yard men were at work, not at
tue gallows, but at some repairs IM
bher befleved that the scaffold f Cum
which he was to swing was being
l an i and his , heart have stood
still as he heard the hammer and saw
at woik. Leaning agaiust the wall ids
i iookiug lnto vacancy, the mur
derer suffered all the paiu that a real *
execution conid inflict. Some of the*
( prisoners were watching him Th -v v
1 Sheriff? h ° ld OUt hu * 11 amis for the
I Sheriff to i move the irons. Ihev saw
. him kneel in prayer. Ttiey saw in in
ansonud luok around as if f Lowing
; " T ir Uli to V le He look' and
, up as if surveying the swaying noose
aU m a ®kudder passed over him
The prisoners could readhU thoughts
f^n a,D, /? Sif 1 he Lud tw
down. In imagination he mouutcd the
gullows He looked at the noose again
and suddenly jerked his head asidS*
if the rope had touched him. He beX
hlB . “8 if to have it passed over
and tightened about his neok When
he stood as if waiting for the tran
spring, his face was no longer pale- it
! SS-Xinlnf a s Dd dißtorted ‘bat almost
j e'ery line of humanity was crushed ont
of sight. The trap tell anrtiifk *
1 ff. fU h ga fPj a shout - a scream
Belcher fell to the floor, his touguehSl
trading, his eyes open and Iffy, aad
a froth oozing from his mouth. It waa
I a quarter of an hour before he ZZ
w U t"e r -! BU3Cltated ’ aQd hl3firßt
*my nwk I”’ * bUt h ° W the ro P Q Into
the*mmn SSm 6 £jf fteen minutes before
I tne man be convinced that hN
i StdaflihaT !“, agiDary - Hs suf
tore and i„ i, han K ,nan 8 victim sur
fers and in piteous tones he cried out
j ltrB ran down his face- -
M Hon j baug me , 0h
throat is so sore!” * DI Y
{t ■ *‘°S
“-I ““collar,' tS
there was a bright red mart **
i around the throat ’ mark lear
2ares®sS
q l ™, r | 8 ’ a ° d to® murderer complained of
swollen tonsils and a sore thro&t
reprieve came only after he hS
hauged, aad yet if aaved hta We b *’‘’ a
Wnat the Goddess of Liberty Wants
[Chicago Times.)
The second Wednesday of Februarv
the day upon which Congress X
tie the Presidential question is ala. St
Valentine’s day, and%
be time Ferry* will hi J toe morning
OpheiiawculidTsoribe'it 81 A *
UjW maa* &
wceas“rr y ' youDg ‘ , “ cbeior