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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