Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, August 06, 1869, Image 2

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<, •' • ; •'.** , numwi h - The Greorgia Weekly Telegraph. THE TELEGRAPH. MACON FRIDAY, AUGUST 6, 1869. Drought, Forage and Deep Plowing, We were gossiping yesterday with a Middle Georgia planter about matters and things in 'general. He says he has not had rain enough to stand or nm in his furrows sinoe his com was planted, and yet thinks he will make a fine crop —fifteen bushels to the acre upon his uplands. His oorn. has not suffered seriously from drought—simply because bis ground was mel lowed yery deeply. The sub-soil plow is his great instrument in preparing the land for crops. The turning- plow, in his judgment, should be used with great care and moderation—and but a very moderate depth of clay turned up to the surface every year—that it may be incorporated with, and serve gradually to deepen the soil. The sub-soil, however, should be deeply mellowed— the deeper the better. How deep does the tap root of our lustiest cotton stalks go down into the earth ? A Bibb county planter says ‘ ‘three feet, and he will prove it.” Our gossipping friend has met with first rate success in red clover. From one and three- quarter acres he has cut and housed, this sum mer, ten wagon loads of first rate forage, which he says weighed at least one thousand pounds each. That is five tons, or two hundred dollars worth and more—town prices. He Bays there is no difficulty with clover upon fair uplands.— Pulverize the surface soil well, and mellow the subsoil to the greatest possible depth; but be careful not to go below the surface soil with your turn plows. Clover needs a great depth of mellow ground to penetrate with its long roots that it may not suffer from the hot sun and drought. It can be cut twice in the year and it will, as gTeen forage, keep horses and mules fat with one ration of corn a day. Our gossip is known to be one of the best farmers in Mid dle Georgia, but we call so names. Got s Certificate. Stokes, in Tennessee, has been an humble ap plicant for endorsement at ‘Washington and is now able to carry the following about in his breeches pocket: Washington, D. C., July 24. “To Hon. W. B. Stokes, City Hotel: “Believing yon to be the true representative of the Republican party of Tennessee, I earn estly advocate yonr election, and I trust that every sound Republican in your State will rally enthusiastically to your support. The Presi dent is absent from the city, but l am confident that I declare bis opinion and desire. “John A. Criswell, Post-master General.” That is all right, and we shall see next Thurs day, when the Tennessee Election takes place, what is the precise value of this certificate. The Sentermen Bay they will elect him by sixty thousand majority, and yet he is a bogus radical, while Stokes is the old original Jacob Townsend. Surely Grant and Creswell should have more weight in Tennessee than that! Immense Southern. Immigration from the Northwest. W. B. Donoho, Esq., writes the Memphis Av alanche, of the 27th, from Dixon, Illinois. He has been traveling in the Northwest—mingling with the people—addressing them occasionally —for the apace of two months. He gives the most encouraging reports of the friendly dispo sition of the citizens of that section, and says they will gather eagerly by thousands for a friendly talk upon the situation, and the won derful resources of the Southern country. He closes his letter as follows: “Open wide your gates and your hearts, and be prepared to extend the most cordial greeting to thousands of the good and true men of Indi ana, Illinois, Michigan, Ohio and New York, who. will be found this fall and winter seeking permanent homes South. They will bring brains as well as muscle; industry and skill, money and votes—practically opposed to ‘car pet-bagger practices.’ “I have talked to eighty thousand of them, and mingled with them in their counting-rooms, their mills, their factories, their shops, and upon their farms, and let our Southern friends be assured that the great pulse of the North west is in fullest sympathy and brotherly affec tion with them, for the fullest restoration of £eace, and the removal of every obstacle to our vriffTtie autumn frosts.” From Baker anil Mitchell. Caterpillar Reported.—A note from a friend dated at Newton, Baker county, the 28th, says: “I have traveled over considerable portions of this and Mitchell counties, in the past week. Orops of both com and cotton are very fine; bnt the caterpillar has commenced its ravages be yond a doubt.” Rain Storm.—Onyesterdayafternoon, says the Augusta Chronicle of the 2Sth, the clerk of the weather managed to get up a very good imita tion of the Great Deluge. At the time of the present writing the rain is still falling, and in torrents; the centre of Broad street is a lake navigable for small boats; every sewer is a miniature river; every gutter a creek. We pre sume that the waters of the Savannah will be booming between their banks this morning. No Worm Yet in East Florida.—The Ocala (Marion county, East Florida) Journal of the 25th says the cotton crop still presents a most prosperous appearance. No sign of the cater pillar yet, and we think with the hot weather we are having now, that his depredations will not be very huge this year. All of our farming friends seem to be in buoyant spirits. SEjn-omcm. information from Paraguay, received in ‘Washington, states that Lopez has retreated into the passes of the Cordilleras, where he is able to maintain a successful oppo sition to the allied forces, and at the same time draw supplies for his commissariat from the ag ricultural region in his rear. Boliva and other sympathizing republics continue to famish him with munitions of war. Regulations toe Selling Smoking Tobacco. —The Internal Revenue Bureau has decided that smoking tobacco cannot be retailed from pound packages,ea^ptfromtwodcnoneSjpacked and stamped—and has directed notice to be given to all dealers in tobacco that the practice of retailing tobacco from pound packages, ns now prevailing, must at once cease. Glostxg Bab Rooms os Sunday.—The Colum bus Sun and Times announces that the Superior Court and the city fathers are taking steps to enforce the closing of the bar rooms on Sunday. Is it possible our lively sister city is so far be hind the times as to have that yet to do ? Fotjb Legs.—There is & child in Blount coun ty, • Alabama, fourteen months old, with four perfect legs, *ne body and two stomachs. Our informant states that the parents of the pfrild pro pose to exhibit it during the coming fall. Density of Salt Lake Waxes.—The water of Sail Lake Is so dense that a man cannot sink in it The editor of the Corrinne Reporter demon strated this by standing upright in the water, and without the least motion could not sink to the chin. He conld lie on the water, stand in it, take almost any position, and still he would float and could not sink. It is necessary after swimming in this briny water to rinse off with fresh;' for the salt of the water condenses on one’s person and leaves one, when dry, looking as if he had been powdered all over with white ohalk. —* ■■■ '■*»■■■ A twenty-inch gen, veBtghing over fifty-seven” ions, and capable of timowing a shot weighing 1,100 pounds, has been east in Pittsburg. There is bnt one ether of eqphl size in the United State*. The Negro Riot in Charleston. The Charleston Courier is informed that- the late negro riot hi that city on the 26th, was oc casioned by the fact that some time ago a band of negro minstrels went from that city,to Sa vannah and were hissed from the place. It is also attributed to the fact that the Washington band is composed of Conservative colored men. Whatever may have been the cause, the act was a beautiful illustration of negro citizenship. The riot began in the arrest by the police of a drunken negro who persisted in going inride the' lines marked out for the players. Three thousand armed negroes assembled in ten minutes for a rescue, and this shows that the peace and secu rity of Charleston hang every minute on the contingency that no quarrel takes place between a white man or the city police and any one of these radical negroes. Any 6uch event may, in a quarter of an hour, stir up a general insurrec tion and fight, in which the civil authorities are utterly powerless, and the consequences are re-’ mitted to the chapter of accidents or whatever vile impnlse may possess a furious mob of demi-savages. In this case, the riot was perfectly triumphant. Their leader declared, according to the Courier, “we are strong enongh to rule this city and there is no d—d rascal who can put us down.” The carpet-bag mayor, Pillsbury, a man of their own choice, oonfeased to the military authorities that he was perfectly powerless, and implored their intervention. The United States officer in command of. the military guard, was grossly insulted and pelted with street filth. The ne groes suffered no harm in their defiance of the guardians of civil order, and nothing bnt the extremest caution upon the part of the latter— an attitude strictly defensive and quiet submis sion to blows from Btones, rocks and garbage, and still fouler billingsgate, prevented a grand battlte-royaL , , This is the perilous condition of Charleston every day; and to a great extent the same re mark will apply to all communities where the negro either predominates or holds a claim to numerical equality. White forbearance and long suffering alone keep the peace. As a matter of fact, affairs will probably grow worse in Charleston till they culminate in a gen eral row in which the negro population shall be taught subordination to the law and respect for civil authority. That may come any time, and although it will involve results temporarily dis astrous, it will work out the peaceable fruits of righteousness, if the whites are cautions in main taining their attitude of upholders of the law. They must be sure to be not only morally, but legally right, and then the sooner a conflict comes with these negro mobocrats, the better in onr judgment for the peace and character of the city. Sambo’s reign as a politician and lord of the ballot in the Southern States or any where else is destined to be brief and inglorious. He will be voted an intolerable nuisance as a poli tician unanimously by the American people North and South. The radicals who have brought him into being, will probably be the greatest suf ferers from him after all. He will blow up their party for them sky high. He will make their reconstruction a stench in the nostrils of the American people. A String of Falsehoods. Some correspondent of the New York Com mercial Advertiser, of the 26th, strings together more falsehoods in the subjoined paragraph than we ever before saw collected in the same space: The Macon Postmaster.—As a rebuke to the Georgia whites for the killing of Ayres and Adkins, and the persecution of the blacks, President Grant appointed several of the latter to office. The important position of Postmaster at Macon, Toomb’s home, was conferred upon a colored man, named Turner. A hue and cry was forthwith raised all through that part of the State, and delegation after delegation was despatched to the President, to secure a change. The latter, however, remained immovable. Then all maimer of criminal charges were trumped up against Turner, and he was placed on trial before a United States Commissioner for passing counterfeit money. After an examination be has been released, and the charges pronounced unfounded. One of his former officers wrote to Colonel T. W. Higginson from Macon, while the examination was progressing: “I wish you to know th»* T have, inet ivuxa »i ■ ■' ■ — ^ valuable testi mony, that will fully establish his innocence and prove to the world that the whole affair is a clear case of persecution and an outrageous conspiracy to bring the Government into dis repute, exasperate the people against the pres ent administration, and to deprive Turner of his position. From the beginning I have felt that Turner was an innocent man, and, conse quently, have been incessantly at work investi gating the affair, in order to get at the truth.” So ends another deliberate and outrageous at tempt to ruin a black man, simply because he was black. It is of no use to waste words about the author of the foregoing. He is undoubtedly one of those miserable party bummers who pick up a living out of the political troubles they create and ferment in the South. Lying is an essential part of their avocation. But it is of no use to deny that the New York Daily Advertiser, which introduces and endorses these falsehoods, knows better. He knows that the pursuit, alleged de tection, arrest and trial of Turner were all done by the Government police, and the whites of Georgia had nothing to do with it whatever.— He knows, too, that the -witnesses against Tor. ner were all Radicals—for all the facts of the trial are in the Advertiser’s possession. But the truth is, this escapade in Georgia is humilia. ting. It is, perhaps, doing the administration cause no good in Pennsylvania, and surprising, as it may appear, the New York Commercial Advertiser was willing to murder truth in an adroit attempt to varnish that business over. Resistance to the Internal Revenue Laws iu Georgia. The following dispatch to the Western Press in reference to resistance to the enforcement of the Internal Revenue Laws .in Georgia is all news to us: Washington, D. C., July 27.—The enforce ment of the revenue laws in at least a portion of the State of Georgia appears to be a matter of some difficulty if not danger. Three gentle- have declined the appointment of Assessor in one district, aud abandoned the field to disor derly parties. The district complained of is known oh *h» Third Gonraia ni.tnot, compris ing twenty-three counties in the central and eastern palt of the State. Collector Belcher has forwarded to Commissioner Delano the resigna tion of the last appointee, Wm. Haycord, with the statement that he,|Haycord, found it impos sible to discharge his duty owing to threats of intimidation and actual violence, aud that three unsuccessful attempts had been made to assess property in these counties. The matter will be brought to the attention of the President on his return, and if necessary the military will be used to aid in the enforcement of the laws. From Terrell County. The Dawson Journal, of the 29th, has the fol lowing: Weather, CeoFs and .Health.—Rain has fallen the past week generally, and as far as we can learn, has been, plentiful ; but in some sec tions the drought had materially damaged both corn and cotton, and we are surprised to hear so much complaint of indifferent crops. The corn crop is better than last year—the ootton crop will speak for itself about the first of January. Calculations made nowis all guess work. Health of the country still good, excepting oc casional attacks of chills and fover, or bilious fever. Sad Accident.—Willie Lasseter, son of Jas. L&sceter, of this county, was killed by falling from a loaded wagon on Friday last, the 23d inst. Willie was abont ten years old and quite an interesting boy. We sympathize with the family of Willie, in this, their sad bereavement. Rats, mice and frizzes, to be worn under the hair, to fill it out, are almost superseded by light combs and wire ribbon..i- - • %-T The Ranafiicture of Fertilizers. A PROPOSITION TO PLANTERS. It is now a settled proposition that the use of commercial fertilizers in'this part of Georgia, is destined to increase largely. Some farmers and others then were, last summer, who be came alarmed at the magnitude of the sums ex pended and indebtedness incurred for these ar tificial manures, and predicted that it would all end in disappointment and disgust, and the ac quisition of a little practical wisdom at a high price. , v • ». , ■ , U . - So far, however, although we have heard of some disappointment in the quality of a few of the fertilizers brought into Georgia, yet the mass of the regrets have been that any por tion of the ootton crop was planted without fer tilizers. The people have had tangible evidence that it is a miserable economy to cultivate with out manures, and very few intelligent men will do it again. The result, therefore, will be that two or three dollars will be expended for these fertilizers next winter and spring to every sin gle dollar’s outlay of a simular character upon the growing crop. Consider, then, the character and extent of this gigantic business which is springing up among us—the manufacture and supply of com mercial fertilizers to the people, which must now amount to several millions yearly. How will yon shape and regulate it ? Will yon turn over the legitimate profits which belong to such a mighty business to strangers and persons for eign to Georgia ? Will yon go on buying from year to year on blind faith—with no personal knowledge of what you are getting—with no se curity that the standard of value is achieved or maintained—with no pecuniary interest in the manufacture—with no control over the mills? Surely this is not the part of reason or com-, mon sense. We wish to submit a proposition to pinntATo irhictj, if they will consider with can dor, will enlist their earnest efforts' to the se curing of a controlling influence in the manu facture of their own fertilizers and a large share in the legitimate profits of the operation. i It is well-known that the Central Railroad Company, is about transferring their freight Je- pot and shops to this side of the river,and in view of this change of site, they are waiting to sell their valuable buildings in East Macon, with the whole system of side-tracks and switches, for the simple value of so muoh building material. Their buildings are in allj respects admirably adapted to the manufacture of fertilizers on a very extensive scale and to their transhipment all over the State. The Central railroad also proposes to take stock in the company and to aid it to the ex tent of its power in the prompt and cheap trans portation of the crude materials aud manufac tured products. Accordingly, a company has been formed, and it is proposed to put at the head of it Gen. William S. Holt—a man of well-known finan cial and executive ability, and a planter, as well as President of the Southwestern Railroad. It is proposed, also, to make that well-known and favorite agriculturist, chemist and planter, Dr. E. M. Pendleton, of Sparta, Inspector of the works. A considerable amount of stock in this enter prise has already been taken by many of the leading men in Macon, but it is earnestly de sired that the majority of the stock should be in the hands of planters. If they will take hold of this business, it will then rest with them to fix the exact standard and price of the fertil izers they will manufacture, and assure them selves beyond all doubt just what they are using. Under this arrangement, they can take entire control of the business, as well as reap the most satisfactory profits from the stock. Let them think over this proposition. TELEGRAPH. Triennial Reeling of the Alamnenn Association. Library of W. F. College, > Tuesday, July 13, 1809. j The Alnmnean Association of the Wesleyan Female College convened at the above given time and place—Mrs. A. B. Clayton, President pro tern, in the —After the meeting was called to order, the Constitution was read. The Committee on Memoirs then presented its report, which consisted of memorial notices of alumnoe who had departed this life since the last regular meeting in July, 18C6. These were: Mrs. Ann Stephens, nee LeConte; Mrs. Cin derella C. Hartwell, nee Solomon; Mrs. Clara C. Wiggins, nee Pierce; Mrs. Sarah M. Rogers, nee Jameson; Mrs. Ann Chapman, nee Carleton; Sirs. S. Joanna Smith, nee Ouseley; Mrs. Flori da Groce, nee Hollingsworth; Mrs. Kate Felder, nee Dnncan. The Committee on Nominations reported that no names had been suggested to th$m for elec tion to membership. The Committee of Arrangements for the re union on Wednesday night, made their report, which wa3 accepted. The Association unanimously agreed to re scind that provision of the Constitution which forbade the re-election of any officer to the same office after the expiration of her term. An election of officers was then entered , into, which resulted as follows : President—Mrs. Adaline B. Clayton. VICE PRESIDENTS: 1st—Mrs. Leona V. Farrar. 2d—Miss Julia C. Jewett, Fort Valley. 3d—Mrs. Octavia S. Adair, Atlanta. 4th—Mrs. Mary Culler, Perry. 5th—Mrs. Harriet M. Colquit. Gth—Mrs. Sarah E. Nelhut, Lagrange, Tenn. 7th—Mrs. Hayes, Ala. Committee on Memoirs—Mrs. Alice R. Leak; Miss Flora A. Smith; andMiss Minnie Gresham. Committee on Nominations—Mrs. Carrie E. Brewer; Mrs. Virginia Hopson; and Mrs. M. Florence Roberts. Recording Secretary—Him Fannie A. Blount. Corresponding Secretary—Miss A. Dessau. Treasurer—Miss Fannie A. Myers. A communication from the Endowment Asso ciation was received, requesting the appointment of a committee to co-operate with that associa- in extending the list of subscribers to its funds. Consequently the following committee was ap pointed for that purpose: Mrs. Theodosia H. Holland, of Baltimore. Mrs. Davis D. Spain, of South Carolina. Mrs. Eugenia H. Ragsdale, of Chattanooga. Mrs. SaUie O. Hannon, of Montgomery. Mrs. Virginia C. Tumbule, of Florida. Mrs. Georgia A. Stroy, of Aberdeen. Mrs. Elvira Shingler, of Columbus, Ga. Mrs. Bass, of Macon. on motion the Corresponding Secretary was instructed to write to Rev. Osborn L. Smith, D. D. , and request him to address the Association at its next regular meeting, in 1872. On motion it was unanimously resolved, that the Corresponding Secretary be instructed to return the thanks of the Association to the edi tors of the Macon papers who had been so kind as to publish its notices without charge. On motion the Association adjourned. Mrs. A. B. Clayton, Pres’t. Miss M. C. deGeaffexbeid, Seo'y pro tern. Supreme Court. Wednesday, July 28, 1SC9. No. 9. Flint Circuit—Miles G. Robbins vs. Charles D. Dnpree—Motion to set aside a judg ment from Spalding, was argued by Judge Spear for plaintiff in error and OoL Peeples for defendant in error. No. 1. Northern Circuit—Laden N. B. Bat tle vs. James A. Shivers—Argument in this case was opened by Gen. Toombs. Pending the re ply oi Col. E. A. Pottle, the Court adjourned till 10 a. sl, to morrow. —Intelligencer. Turner and. Schurman.—According to the press telegrams yesterday, Turner is to be sum moned as witness against Schurman, a Treasury messenger, charged with stealing and uttering the forged New Jersey Bank notes. Schurman is another negro appointee and a nice specimen of radioal enterprise in that line. Pensacola.—The physicians of ■ Pensacola publish a card, deolaring that there has not been a else of yellow fever in that city this season. Prom Washinsrton. Washington, July 29.—Gov. Hahn, of Louisiana, dined with Gen. Dent yesterday. The table conversa tion indicated no intention on the part of Dent to abandon his position regarding Mississippi Secretary Boutweli decides that the Ohio Shaker Society are only entitled to one thousand dollars’ exemption on income tax instead of a thousand for each adult male. The same rule applies to Trinity Church, New York, and several other associations throughout the country. «. - The pressure on Grant to throw the influence of the administration in favor of the extremists of Texas andM'seiseippi is quite heavy. The extrem ists here are in good spirits this morning, hut notic ing definite is known. Sherman is stated to have said to day his depar- ment would not interfere beyond securing a fair registration and a peaceable election. General Grant is here. There was a special session of the Cabinet, to-day, devoted to accumulated business. Neither Virginia, Mississippi nor Texas affaire were considered. Cresswell la still absent. Grant goes to Saratoga oi Tuesday. Delano has awarded the contract for distillery locks to tbeTownsend Manufacturing Company, at Buffalo. > The following has beeni transmitted over the French cable: - r “Paris—8:45 a. si. The Honorable Secretary of State, Washington: The Emperor of the French to the President of the United,States, at Washington: I am highly gratified toinaugurate the new tine of telegraph which unitk France with the United States, by sending to on the expression of my good wishes for you and :br the prosperity of the United Statos. Napoleon.” 1 REPLY OF THE PRESIDENT. “The PyUtegtof the United States to the Empe ror of theFreiA: J cordially reciprocate your good wishes and trait that the liberal policy of the United States, pursuant to which this came has been lauded, may result in many such means of communication, especially between this country and its earliest ally and friend. U.S. Grant.” Barenue to-day ©725,000. Judge Jefferds and General Moorman visited General Dent to-day, and received renewed assur ances of his determination to act with the Missis sippi Conservative Republicans. General Wirt Ad ams, and Judge Hunt, of Vicksbtug, also visited Dent to-day, and make the same report, of Granguard d Schneider was seized yesterday by Collector Stoekdale, for a violation of the Revenue laws. Treasury Solicitor Barfield returned last night to Washington, having completed his investigation here. - Prom Cuba. Havana, July 29.—The insurgents are active in the Central Department. They have destroyed much property abont Trinidad. A large band of in surgents attacked Puerto Principe', but, after a short struggle, were beaten off, with considerable loss. Foreign Hews. Paris, July 29.—The Presse says the furloughed soldiers will receive an indefinite leave of absence. London, July 26.—Charles Gilpin has introduced into the House of Commons a bill to abolish capital punishment. Madrid, July 29 —Arrests continue. A hundred of the Ciudad Real Insurgents are applying for par don, and claiming that they were driven by the Car- lists. A sharp street fight occurred at La Mancha. The Carlists were defeated and fled to the moun tains. Sr. Petersburg, July 29.—The Jews of this Em pire have united in a petition to the Czaryfor the extension of their religious and educatxmal rights. - '■ General Hew*. ' Augusta, July 29.—la some sections tiers has been no rain for four weeks, while in others there has been too much. / Marine Hews. . , . Savannah, July 29.—Cleared, brig ptelmer Mere dith, Philadelphia; schooner Ida Richardson, New York. From Pulaski and Below. The Hawkinsville Dispatch of the 29th con tains the following: A Good Season.—The rain began falling at seven o'clock last Saturday evening, and con- turned to descend, with but slight intermission, all that night, and all next day, until abont three o’clock in the afternoon. It fell as the gentle aew from heaven, lightly, and unaccompanied by wind. Although our gardens are “gone up,” this rain will give a new impetus to many a thirsty and dying ield of com and cotton. The hearts of all shoull be filled with gratitude to the giver of the early and the latter rain. We earnestly hope tlat this season was general throughout this sation. Later.—We lean from J. P. Shaw, the affa ble passenger conductor on the Macon and Brunswick Railrotd, that the rain was general all along the route; and we are further informed that this was the i.ase throughout the county. We fail to hear oia single farmer, either in tins county or those aljacent, who is longer suffer ing for this hitherto much needed blessing. All appear to have hid an abundance. Fiest Cotton.—On Monday last, the 2Gth, was received at this office, from Mr. Thomas Singletary, of thfe county, the first open cotton we have seen. Itwas of good quality nnd ready for picking. Altiough Mr. S. is two weeks la ter than he promised, he still has the credit of having furnished us with the first specimen of the new crop in this county. Let him go to work and bring tfe first bale of cotton to market, and make a year Is subscription free. Murder in Teitaib.—From reliable authori ty, we gain the following account of a cold blooded murder !a Telfair county, which was committed lastTlkrsday, the 22d: It appears thatfe family from South Carolina had moved into the vicinity of one John K. Brown, and he weit to run them off. On reach ing there, he fount only some women. He tore down the chimney) and took a seat in tho door, when Joseph T. RaUins rode up. Brown asked him if he was mad knd wanted to fight. Rollins replied that he wts too old to be fighting. Brown then asked lim to get down and talk to him, and took him behind the house and killed him with a fence rail Rollins was abort fifty-three years old. Brown is said to be k desperate character, and, at last advices, had nbt been arrested. If no mitigating circumstances are connected with the above, it is about as heartless a deed as we ever heard of, aud we trust that Brown will not long be suffered to go at large. From Clarke County. The Athens Southern Watchman, of the 2Stb, says: After a drought of upwards of five week’s du ration, we were favored with a fine rain Satur day night—no “little drizzle;” but a good, old- time “clay-soaker.” So far as early upland com is concerned, the rain came too late to save it. Late com and other crops will be greatly benefitted. As we write (Monday noon) another beautiful shower is falling, with an appearance of contin ued showers. Those who are threatened with short com crops can do much towards providing for the loss, by sowing largely of turnips and fall oats. This matter should not be neglected, as the turnips will be useful in fattening hogs and* wintering cattle, and the oats will come in next spring to feed plough stock. New Cotton and Woolen Mills.—Mr. H. 1 F. Fowler, of this’ county, has now in operation a portion of the machinery at his new factory, seven miles west of this place. He expects to have the whole of it in operation by the first of October, when he will spin cotton, card wool, and spin and weavo wool into plain or twilled cloth. The failure of the Baltic Fire Insurance Company of New York baa been announced. An Unlucky Man.—Captain-General Do Ro- das aud General Butler are said to bear a re markable resemblance to each other. Conld any worse luck happen to a roan than that? __ Sudden Death of. a Good Citizen. — The Rome Courier regrets to learn that Mr. B. F. Hooper, one of the best citizens of Floyd coun ty, died at 124 o’clock on the 28th, at his resi dence, some six miles from that.city. There was a man so intensely polite that as he passed a hen-on. her nest. b<- said: “Don’t rise, ma’aiq,’' •*’? ..... ... Decisions ot the Supreme Court ol Georgia. DELIVERED AT ATLANTA, TUESDAY, JULY 27. [.Reported Expressly for th* Constitution, by AT. J. Hammond, Supreme Court Reportsr.] Killes Brown plaintiff in error, vs. Wm. Wright et. al, defendants in error.. Motion for new trial from DeKalb. > Brown, G. J.—A Guardian who acted with the caution of a prudent man, and loaned the money of his wards, prior to the adoption of the Code, first of January, 1863, and took a note well se cured, by a mortgage upon negro property, which was lost by reason of the emancipation of the slaves, is not liable to his wards for the amount to-lost. • 'j ^ y . : b 2. A guardian who acted in good faith, and received Confederate Treasury notes in pay ment of debts, due his wards, at a time when prudent men generally received them, in pay ment of all debts due, acted under color of law, and is protected by the. act of 1866 ; and the Ordinances of the Conventions of 1865,' and 1866. And if he loaned out the funds, so re ceived prior to the 1st of January, 1863, upon what was at the time good security, and they were afterwards lost, by the results of the war, he is not liable. 3. A guardian who loaned out or invested the funds belonging to his wards, after the adoption of the Code, without an order of Ct?nrt, did so' at his own risk, unless the investment was, in the stocks, bonds or other securities, authorized by law, and he is liable for the value of the money or currency received by him, and so in vested or loaned, allowing him a reasonable time to invest it, whether he lost it or not. 4. Where the guardian loaned out the money of hi3 wards, after the adoption of the Code, without an order of Court, and took a note for ©1,500 for its payment, and the Court on the trial refused to allow the note to be read in evi dence, because it was not stamped. Held: That the Court did not err, as the guardian was liable in any event in such case, for the value of the currency when received, allowing him a reasonable time to re-invest, and the note whether stamped or not, was properly rejected. Judgment reversed. Wm. Ezzard. for plaintiff in error, will A- Chandler, lor attendants m Ellen D. Dicken, plaintiff in error, vs. H. T. Dicken, defendant in error. Actionfor divorce, and motion for temporary alimony, from Spauld ing. Brown, C. J.—On the hearing of a motion for temporary alimony, pending an action for divorce, the merits of the cause are not in issue. But under section 1735 of the Code, the Judge, in fixing the amount, of alimony, may inquire into the cause and circumstances of the separa tion, rendering the alimony necessary, and, in his discretion, may refuse it altogether; or he may grant such alimony, including the expenses of the litigation, as the condition of the husband and the facts of the case may justify. But the Judge should exercise a sound discretion, and should be careful that he does not so use this discretionary power as to encourage the separa tion of husbands and wives, and increase litiga tion of this character. 2. After looking into the cause and circum stances of this separation, we are satisfied the Judge did not abase -the discretion vested in him by the statute. Judgment affirmed. Boynton and Dismuke for plaintiff in error. D. J. Bailey for defendant in error. Martha F. Smith, plaintiff in error, vs. Thos. J. Granberry, defendant in error. Injunction from Monroe. • ■ r- Brown, C. J.—1. The will of James Hogan gave to his wife, daring her natural life, all his estate, both real and personal, and at her death the estate, with its increase, to be equally di vided, and one-half given by his executors to the lawful heirs of the body of one of his daugh ters, and the use of the other half to his other daughter during her natural life, and at her death to go to the lawful heirs of her body. The will then contains this clause: “If my wife should, at any time, think proper to give any portion of my estate, thus bequeathed, to the legacy above named, I wish her to do so only at her own discretion, through and by my execu tors.” Held, that the assent of the qualified ex- utor to the life estate, of Mrs. Hogan, did not divest him of further control over the estate. But at her death, it was the right and duty of the executor to take possession of the estate, with its increase, if any, and to administer it according to the directions in the will; and as there were no specific legacies, the ordinary, on the application of the executor, had jurisdiction to order a sale for the purposes of distribution in conformity to the will; the vested interest of each remainderman, being an interest in a certain proportion of the estate, and not a vested interest in any particular tract of land or piece of personal property. 2. The executor, after the death of the widow, having taken possession of the lands of the estate, and having obtained an order from the ordinary for the sale of the same for the pur pose of' distribution among the legatees; and after legal advertisement he having sold the same at the proper time and place; and having through A purchased the land at his own sale, and after making a deed to A, the land, on the second day thereafter, having been conveyed to him by A, by regular deed. Held, that the purchase by the executor was not void, but was only voidable at the option of the legatees; provided, they so elected within a reasonable time. And the executor after said sale having claimed and occnpied the land as his own, there by acquired an adverse possession of the same, and a tenant placed upon the land by the execu tor after his purchase, was his tenant, and such tenant could not change his landlord by attorn ing to the administrator de bonis non of the estate of Hogan. 3. The executor, after his purchase, while he had a tenant upan the laud, entered into a mar riage contraot with the plaintiff in error, and conveyed to her a life estate, after his death, in consideration of marriage, without notice to her of the nature of his purchase; the marriage was then solemnized, and- in a few months he died, leaving the tenant upon the premises, and his widow commenced action against the tenant for the rent, and a proceeding to dispossess the ten ant holding over. Held,that the tenant became her tenant on the death of her husband, and the administrator de bonis non of the estate of Ho gan had no right to interfere in this litigation, or to maintain a bill in equity to enjoin her ac tion against the tenant; the more especially as she resided in Bibb county, and the litigation between her and her tenant was pending in Monroe, where the bill was filed. If he, or the legatees of Hogan, had paramount title the liti gation between plaintiff in error and her tenant did not in any way interfere with their right to commence their action of ejectment, or other proper proceeding for the recovery of the land. Judgment reversed. ‘Warner, J., concurred in the judgment, but not in the reversing of the Court He furnished no written decision. McCay, J., concurred in the judgment for the following reasons: 1. If property be 'demised to A for life with remainder to B and C, and the executor deliver possession of the estate to A, who enters upon the full enjoyment of the life estate, she holds it for herself and the remaindermen. And any duty, (as to divide the estate, or the like.) put upon thy executor, by toe will, after the ter mination of the life-estate, is a special trust, and forms no part of his duty as executor, and the supervision of it does not beloiw to the Court of Ordinary, but to the Superior Court. 2. Where one is in adverse position of land, against the true owner, and rents it to a tenant, avowedly, in his character of adverse holder, cannot attorn to the trne owner, or deny the adverse possession of his landlord. Lanier Js Anderson, R. P. Trippe, for plaint iff in error. Cabaniss *fc Peeples, for defendant in error. J. G. Brown vs. Seaborn Croley. Complaint from DeKalb. McCay, J. If B purchase from A two paroels of land at the same time, and when they come to draw the writings, A suggests that B, to save the writings of two deeds, take a deed for one of the parcels from C, from whom A had pur chased it, bnt had not yet got titles, saying it would do just as well—and B consented, and there was, in fact, a mortgage on the land, given by C, of which B. was ignorant: Held, that B, who had the mortgage to pay, might, in a suit bv A, on one of the notes, given at the time, plead a failure of consideration to the amount of his damage. Judgment affirmed. • Hiil & Candler for plaintiff in error, lym. Ezzard for defendant in error. Alfred "Wooten, vs. Perry Wilkins, Case from Spalding. MoCay, J.—In ftp action by a father for tbe seduction of bis minor daughter, the dying de clarations of the daughter, as to who was the father of her child are jgadmisaable, ah evidence for the. plaintiff. . 2. Although this Conn may not.be entirely aarit&od with a verdict of o.jary, yet if the Court below refuse a new trjal, fhu Court wQl hot interfere to grant a new trial, unless the verdict be manifestly, the result of prejudice mistake,or corruption in the jury. Judgment affirmed. 8. D. Irwin from plaintiff in error. Dpyal & Nunn ally for defendant in error. Emily T, Jackson, e£ «l, vs. Jas. W. Corbin, et of. Motion to dissolve injunction from Spald- ing. Warner, J.—When J sold a tract of land to I, for fourteen hundred dollars, receiving five hundred dollars of tixe purchase money, and ta king the note of I for the balance of the pur chase money, and made a warranty deed to I, the purchaser, and afterwards' died insolvent; and within a short time after the death of J, G, a judgment creditor J, levied an execution upon the land in satisfaction of a judgment obtained against J, anterior to the sale of the land to I, and a Bill was filed by the widow of J, in behalf of herself and her minor children, alleging the insolvency of her deceased husband, and claim ing a year's support out of the nine hundred dollar note given for the land, as being the only property left for that purpose, and also alleging that if the land sold should be sold by the judg ment creditor in satisfaction of his debt, the purchaser of the land would successfully de fend the note as against her and her children, on the ground of failure of title, and thereby defeat her claim to her year's support out of the note given to her deceased husband for tbe land which is unpaid, and which is tbe only remain ing estate left’ont of which she can obtain her year's support. Held, That it was error in the Court in. dissolving the injunction upon the fore going state of facts, inasmuch, as the widow was entitled to her year’s support out of the nine hundred dollar note, and that the sale of land Bhould have been restrained until the rights and equities of the parties conld be adjusted upon the final hearing of the cause, the purcha ser' of the land having been made a party to the bill. Judgment reversed. D. J. Bailey, S. D. Irvin, for plaintiffs in error. - • i Center & Treadwell vs. L. H. Davis. Case, from Fulton. Warner, J.—Where Davis, the landlord, on the 4th day of June, 1859, entered into a writ- tflircoDimcir mm 'ugawrA" ^yeakTwell tor re&t to them a storeroom, then in the proecs. n t hntid. ing, in the city of Atlanta, for the term of one year, for the sum of eight hundred dollars per annum, with the privilege of renting said store room for three additional years at the same rate, and Davis, the landlord, stipulated on his part to have said storeroom “well fitted up and rea dy for use, by the second Monday in August, 1865,” and the tenants went into poesescion of the storeroom after its erection, occupied it for one year, aud in pursuance of the original contract between tbe parties, rented the store room for another year. It also appears, from the record, that after the making of the rent contract, Davis, the landlord, proceeded to erect, over the storeroom rented to the plaintiffs, and over the adjoining storeroom, rented to another tenant, a boarding house and kitchen, the boarding honse, in front of the building, and the kitchen over the back part thereof, and constructed a platform or walk over the valley between tbe two Btorerooms, leading from the boarding house so built over the store rooms to the kitchen, the landlord rented the boarding house, kitchen and fixtures so erected over the storerooms to another tenant, who oc cupied the some. These fixtures were erected by the landlord, when, the plaintiffs renewed their lease for the second year, upon tbe original contract. The evidence in the record shows that, in consequence of the erection by the landlord of the buildings and fixtures over the storeroom, and the use thereof by his tenants to whom he rented the same, the plaintiffs have been damaged by tbe water thrown upon their goods in the storeroom, to the amount of twelve hundred dollars, os assessed by five merchants called on for that purpose. Held, that inasmuch as the landlord stipulated in his contract, to have the storeroom weU fitted up and ready for the use of the plaintiffs, that if he afterwards erected obstructions over the buildings which caused the plaintiff’s to be injured, either by his own negligence, or that of his tenants or agents in the use thereof, he is liable for the damage resulting thereform. t Held, also, that the agreement of the tenants to make repairs, as stated in the record, ex tended only to ordinary repairs of the building, and did not extend to making repairs by remov ing permanent fixtures erected by the landlord, from which the injury to the plaintiff resulted. The Conrt charged the jury: “Bnt the law does not require the landlord to sweep the prem ises and keep them clean while the tenant is oc cupying them; this is the tenant's business if the house was properly built, and kept in repairs, and if being kept dean, no damages wonldhave resulted, defendant is not liable. If thekitchen overhead was built after plaintiffs first went into the honse, and they received their tenancy with out objection after it was built, the trouble of sweeping and keeping clean the premises is no matter of which plaintiffs conld afterwards com plain.” Held, that this charge of the Court in view of the facts of this case was error, and cal culated to mislead the jury. The plaintiffs were only tenants of the Btore house which they rented, they were only bound to sweep and keep that clean, it was not their business, or duty, to sweep and keep clean the premises above them, which caused the damage, they had no legal right to go there for that purpose. The land lord was bound by his contract to keep the storehouse rented to the plaintiffs fit for tho nse for which he rented it to them, and if by obstructions placed there by himself, and used by his tenants, snch obstructions rendered the store house unfit for the purposes for which it was rented, and damage resulted therefrom, the landlord is liable therefor, and the plaintiffs have the legal right to complain whenever dam aged thereby, whether they renewed their ten ancy nnder their original contract, after the creation of the obstructions by the landlord, or not. Judgment reversed. McCay, J. concurred as follows: A landlord who rents a portion of a tenement to A, is bound, either by himself or his other tenants, to keep the remainder of the building in such a condition as that the portion oocupied by A, shall be tenantable, and if he fails, he is liable for the damages which A may received from his neglect. Brown, C. J., dissenting. In my opinion, the verdict and judgment in this case was right, and I cannot concur in the judgment of reversal The tenants elected to take the seoond lease for three years, with full knowledge that the kitchen and passway were over the Btore room, just as they remained, till the damage was done. And if the tenant who occuDied tbe rooms over the store after the date of the second lease, negli gently and wrongfully obstructed the gutter,so as to prevent the free passage of the water from the roof; and there was no defect in the roof or gut ter, but while it was perfect, it was filled up with trash by the negligence of the tenant above, he, and not the landlord, was liable for any damage that ensued by his negligence or his wrongful act. In that case, the obstruction placed in the gutter by the tenant above was a nuisance of which the tenant below had a right to complain, and if injured by it, he had a right to recover damages against the tenant above, for maintaining it to bis injury. Tho Codo, section 2949, dennes a nuisance to be “anything that worketh hurt, inconvenience or damage, to another; and the fact that the act done may otherwise be lawful does not keep it from being a nuisance.” If, then, the filling np. of the gutter, which was perfect in itself, was caused by the negli gence or the wrongful act of the tenant above, and was & nuisance; and it was not so filled when the tenant below, took the seoond lease, the decision of this Court in the case, Tason vs. the City Council of Augusta, not yet repeated, clearly fixes the liability on the tenant who maintained the nuisance, and not upon the landlord. In Hint case, this Court says’: -“A landlord who leased the premises to a tenant is not liable for a nuisance maintained upon the premises by the tenant, during the lease. If the nuisance existed upon the premises when the lease was made, the landlord is liable. But if the tenant continues the nuisanoe after he obtains exclusive possession and oontrol, he alone is liable for its continuance. As the landlord, under our statute, is liable for neces sary repairs on the premises, if foe nuisanoe grows out of his neglect to make the repairs, the tenant may make them, and set off the reason able value against the rent due the landlord.” But it is objected, that the case just cited was does not in the ether. If he who maintains a nuisanoe is subject to indictment and punish ment for so doing ; and is also subject to an no tion for damages by a person, injured by the nuisance; where is the reason for tte distinction between the two oases? JVith what propriety With a can it be contended that Davis \ is net liable to indictment for this'nuiafteoA, if ’ it had neolied. ’ because he-di&JWt ject to punishment beoaTfle he did maintti- but that Davis was liabteKadamageatotL^’ ticular individual injured » itTAre we ta l down tka rule of law, thpK the,Mantis |W criminally, beo he alone mamtaigg n,. nuisance; btit that thefandlord is Kab^ to an action for damsass in case an in&nsq is injured fif ths nuisance, whisk is by the wrongful act of the tenant alosS?^ 1 ^ It is said the contract ahd Jhe statute of tv. State, makes the landlord liablefoTthe aes sary repairs. Grant it But how does this H?! the plaintiffs in error? What repairs » wanted? There is no evidence that either roof or the gutter was out of repair in the nw where the injury occurred. They were perflS? and the damage resulted from the obstruct: of the gutter, by the wrongful set of the tenS above. If there had been no obstruction in ^ gutter, there would have been no d*»*nr. 0 ** But admit that the cleaning ont ofthe cmn, was understood, by the parties,'to be indS in the necessary repairs of the roof; that th parties so understood H, and such was foe veraw it was not properly speaking right. The evident was in conflict, but there was positive testimon before the jury, that the plaintiffs in error cm ed the attention of Davis, the landlord, to ,iT condition of the roof, stating that it needed » pairs, and that he told them to have the ren»j made and charge to him, and they agrt^ Now, if the cleaning out of the gutter part of the repairs, and the tenants^ »gs*«d t have them made, at the expense of thehmdlori and they neglected it, he is Rot liable to tw for the damage resulting from their ova wf gence. And as the jury, whose province it If, to decide on the credibility and weight of tl evidence, have found this issue for the hcdloti and the Judge who tried the case, is satisfied with the finding, we should not, in xny onini. -T disturb the verdict. . . * If this damage was the result of a nuisance the tenant who maintained the nuisance a&d not the landlord, was liable. But if it resulted from neglect to make proper repairs, the phin- tiffs in error, who had agreed to We then made at the expense of the landlord, and W neglected to do so, have no right to recover from the landlord damages which resulted from their own neglect. In either view of this 039$. tion, I think the judgment of the Court bd™ anolaf fra J. IT. Calhoun & Bon, r». x j-> , rr ■ D. F. Hammond, for defendant in error. ‘ From Griffin. The Middle Georgian of the 29th has the fo!. lowing: Crops.—Our farming friends are in good ha. mor, as they are having very fine seasons. 11 good rain fell hereabouts on last Saturday ufi Sunday and a little several times since. It vu the one thing needful to make com. A Pig—We were felicitating ourself onhavis; I fine Chester pigs, but our frieud John Stilbd has made us feel bad. He showed us one th* I is not five months old and which weighs pnfi. ably two hundred pounds. la fact it is cruel :o keep an animal as fat as his pig is, as it cannot [ get up when down, except with great difficulty and many efforts. It’s a huge pig, sure enough Southern Prosperity.—The New York In. bune says: “The present year is one of grert material prosperity at the South. The prospes I is that Bhe will sell three million bales for u [ much money as six million would have netted her in those old palmy days to which she vi! | still gaze back with unfounded regret, she will have less pork to buy, less flour, nut so I many shoes, nor hats, lighter doctors' bills a I settle. She pays smaller usury to the commis I sion merchant, and mueh less to Northern hc& j With marvellous advantages of &" mate, with the irrepressible vigor and thrift d I a race skilled in the imperial art of transmute; disaster into fortune, the South, so bankrupt: 1S65, is now in a fair way to plow her wap that opulence a&d power to which she unci strove to cat a bloody path with the sword." From Cnthbert to Lumpkin. AFFAIRS IN LUMPKIN—GREAT NEED OF HAH U> czLznxs. Cuthbebt, July 25, 1869. Editors Tdegraph: And now I am off fa I Lumpkin, a distance of twenty-five miles hoc Cnthbert. Along this road are many heautifil residences, with good and well-tilled farms at-1 fetched. The crops of com and cotton are ven I good. They were spread ont before me cn the | right and left as far as the eye could penetrate I The only complaint I heard about crops, wtt | want of rain. This is the general comp,lli; wherever I have traveled. I arrived in Lumpkin at a late hour in de night—too late to see any thing of the tom After a good night’s rest, and a hearty break- fast, I sallied forth in the streets to look on cue I of the prettiest towns, to its rize, in Georgii j Its level and beautifully shaded streets reminl I ed me much of Savannah. I did sot visit is; I of its public buildings, except the Court-booM. as my stay in town was quite limited. Ik I square is finely located, and by proper impww-1 ment could be made beautiful Sorely Luxp-1 kin, in by-gone days, was a magnificent pl»« I Passing through the scourge of a four ye«s I war not shorn it of all its beauty. It $ I retains one of its strongest elements to brings I back to its original prosperity—its intelligtS j and high spirited citizens yet survive, fall d I enterprise and buoyant with hope. The railroad meeting in Lumpkin, held a I the 10th inst, and the amount subscribed, ?^ 000, show very plainly what the people u-s-1 to do, and what kind of spirit they are of. I railroad will be built—this is a fixed fact Tk-1 let other towns and cities in Georgia, dial “ | had railroad advantages, look out for 8® I laurels. . I The citizens of Lumpkin are shamefully I lected by the Post-office Department and office officials. They have no commumca^ whatever with Cnthbert— a distance of tweo. five miles, and on this entire road uie are thickly settled—intelligent, reading I all deprived of mail matter. They, 1 the citizens of Lumpkin, are cut off from ■ privileges from some of the most I points in the State; Savannah, Augusta A j Macon and many other portions of me I that send out their daily papejs to Cu J wnich could be received along tins Lumpkin in due time, if thew was s ® I tri-weekly mail line established betwee • I two important points. 1 . T ft - ‘ citizen of Georgia, yeti.may « in general public iajqny beems maintain it;; and jtb^t hfn V*nA])t i I am not a citizen oi in the process of time, and I f® e ^ 611 . I tiie establishment of this route. , . nbrn to| On my return to Cnthbert. I htjd with the esteemed and efficient P g-ittl there, Mr. Peacock, on the If I promised me he would attend tp it a I the people of Lumpkin and Cnthbert wonW I in a petition to the Post-office ’Washington, for the estabUshment « » ^ I ronte from Cnthbert to Lumpkin, Gw#^ j setting forth the inconveniences they I subjected to, and the advantages thM«vt^J erne to them from such route, it wouia I ed to them. The citizens that are are an intelligent and reading P eo P}!’ want the news of the country. loui«) ^ • truly, _ Splendid Crop* In Crawtor* Knoxville, Ga., July 1 ', Editors Telegraph : Permit me to oc<®^ small spaee in your columns to speak ford county, in its agricultural and Interests and prospects. Crops inth® and northern portions, especially, 814 & ingly good. Cotton and com are 8 roall ^jjiii der their burthens of promise. Th® ^ glanees of the summer sun have warm life and beauty our Southern staple- the hopeful farmer views, through the g ^ ing vista of time, a rich return id toil. The God of seasons spares no f» T °^ sends rains upon the just and unjos who pay their vows to cotton will—P r0 ’“^ sudden attack be made—have the a® 3 an abundant supply to barter away means to sustain life. It is truly a beautiful sight, e eye delights to Ungear; to behold tM ^ Wen may the fanner’s heart dance he gazes exsltkigly upon the broad ^ ing with glorious crops. The refreamre -■ erfthabhU ,, earth have insured him a nch 1 **fT*L#»*i Would that our people were Withstand surpassed'by ^I and prosperous pwpteeouMMt ^ uuHB (<?*- Alii