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Old Series —Vol. 25, No. 1*22.
THE CONSTITUTIONALIST,
las. 0. Bailie, Francis Cogin, Geo. T. Jackson,
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Augusta, Ga.
THE CONSTITUTIONALIST
FRIDAY, June 25, 1875.
The Augusta Constitutionalist is at
it again. Its enterprise knows no
bounds. It is Bunker Hill this time.
Our contemporary is taking the lead in
South Atlantic Journalism. Long may
it wave !—Charlotte (N. C.J Observer.
New Orleans nominates Senator Nor
wood for Governor of Georgia. By
which it will be seen that the dreadful
contagion of candidates is rapidly
spreading. It is now prevailing as an
epidemic in nearly every county in the
State. It is too late for other States
and people to establish quarantine
regulations.
Mrs. Whitaker, the Jefferson county
murderess, who sunk an axe three times
in her husband’s head whilst he was
asleep, then fled from the houso with
her three children, has been tried be
fore Judge H. Y. Johnson and sent to
the Asylum. The scene in the court
room is well painted by the Sanders
ville Herald. It seems that the poor
woman was notoriously insane, and her
friends were criminally kind in allow
ing her to go at large.
a i—i
It is Col. Charles Lee who has re
ceived the appointment of Collector for
the port of Augusta, and not “Chablee”
as telegraphed from Washington. He
has been a resident of Savannah for sev
eral years in the service of the govern
ment, is a native of New York, and a
relative of Col. Tsham G. Fannin, United
States Revenue Collet tor and Assessor
for this District. We understand Col.
Lee is quite competent for the position,
and those who know him are confident
that he will prove acceptable to the peo
ple of Augusta.
There was considerable sensation in
Columbus, Ga., the other day, about a
child being bitten by what was sup
posed to be a mad dog. We doubt the
story, for we never heard of a mad
dog that far South. Dogs go mad in
Northern countries, and the further
North the more frequent. Dr. Kane
had to kill a great many of his pack in
the dead of Winter, whilst he was only
a few hundred miles from the North
Pole, because they had hydrophobia
in virulent form. The old idea that
dogs go mad in July and August more
than any other time is, therefore, stuff
and nonsense.
■ n>
The hopeless illness of Lady Frank
lin will be sad news to the people of
the United States this morning. She
will sink into the grave regretted,
mourned and wept over by the civil
ized world. To Americans, the fate of
her husband excited thrilling interest,
and to her heroic efforts to find him
they always lent a willing hand and
heart. Sir John Franklin left England
thirty years ago to find a passage to
the North Pole, and for a quarter of a
century his devoted wife has been or
ganizing expeditions to find him. She
never for a day lost hope, and when
the whole world gave him up as lost
she persevered and hoped on. The
whole earth, for her sake, as much as
for her husband’s, would have rejoiced
if someone of the noble seamen who
have so often periled their lives, and
spent years in Arctic nights to find
Slim, had succeeded. But fate willed it
otherwise, and the cold and pitiless
grave now opens to receive a broken
lieart.
In our city department are published
the details of the conference yesterday
between the committee of four, repre
senting the Municipal Council and the
citizens of Rome, and the holders of
the bonds of that corporation. A basis
of compromise, embodying virtually a
jpartial repudiation, was submitted by
tfhe city and accepted by the bondhold
ers. New bonds are to be issued to the
amount of seventy cents on the
doiVar of the old bonds, $14,000
of th£ coupons past due and ac
cruing of? the first of November are to
be paid at that date in cash, the bal
ance (two-thi'rds of $42,000) then fund
ed, and in 1876 T ft series of yearly pay
ments to be begun of $5,000 for the
first year, with an increase of SI,OOO
for each succeeding year, to run
through a period of twenty-one years.
It is certainly gratifying that a basis
of settlement has been reached which
bids fair to be the present end of Rome
Bond perplexities.
Stonewall Jackson’s Whereabouts.—
"The Sait Lake Herald says the simple
faith of ft Virginian Christian is aided
hy his faith iD man. He was asked if he
thought Stonewall Jackson was in
heaveu. “Wall,” said the old gentle
man, “I reckon he Is if he started for
that place. He always managed to get
round in time.”
“Heap good for boss blanket 1” was
the exclamation of one of the Indian
delegation as ho danced around on a
velvet carpet.
L '7T\ * I /IT I*l ¥♦ * ♦ ¥
(the puly pngmrawnahgt
FROM WASHINGTON.
Bonds Called in Senator Thurman
and the Presidency.
Washington, June 24.—The Secretary
of the Treasury has called in five mil
lions of the fourth series, dated May
Ist, 1862, upon which interest ceases
24th September.
[Special to the Baltimore Sun.]
Washington, June 22.—1 tis the
opinion in political circles here that
Senator Thurman has by bis tacit ap
proval of the inflation plank in the Ohio
Democratic platform weakened very
considerably bis chances for the Presi
dency. In view of the strong position
in opposition to au inflated currency
taken by himiu the Senate this surren
der was entirely unexpected. It is said
by Senator Thurman’s friends that he
made a virtue of necessity, as he found
it entirely out of his power to influence
the convention on the currency ques
tion, and therefore ho had to go with
his party. It is said that the influence
of his uncle, Governor Allen, was
brought to bear on him in the matter.
But this sacrifice of bis independence
will not help him, for he has now plac
ed himself in such an attitude that both
the rag money Democracy of the West
and the hard money Democracy of the
East will doubt his sincerity. It is also
said among the Ohio Democracy here
that in case of Gov. Allen’s re-election
there is no question that the Ohio dele
gation will present him, and not Judge
Thurman, as the choice of t hat State
for the Democratic nomination for the
Presidencj\
Capital Gossip—The Indian Bureau
'‘Don’t Scare Worth a Cent.”
Washington, June 24.—The Post
master General returns to-morrow.
Work on public buildings at Chicago
has been stopped on account of the un
favorable report of a committee re
garding the foundation and material.
The Attorney General and Secretary
of the Treasury have returned.
The Indian Bureau does not credit
the report that all the Sioux are
on the war path. They believe that
neither Spotted Tail’s nor Red Cloud’s
men are engaged in any warlike dem
onstrations and feel confident that if
any Sioux are mixed up with lawless
movements, it is only a few roaming
raiders who are not under the control
of these Chiefs; and it would hardly
be fair to hold the Sioux as a nation re
sponsible for any raids or depredations
committed by these lawless bauds.
The mails for the Navy Department
from the South Atlantic stations have
not yet arrived though they are hourly
expected; therefore the department has
no official advice of the existence of
yellow fever on United States vessels
in those waters.
FROM NEW YORK.
Murder and Suicide on the Water—At
tempts to Reduce Tweed’s Bail—The
Beecher-Tilton Case in the Hands of
the Jury.
New York, June 24. —An unknown
man, about forty yeais of age, brown
hair, and having three fingers missing
from the right hand, hired a boat at
the Battery, and accompanied by a wo
man, who gave her name as Sophie
Schedler, aged 25, rowed to the middle
of the river ostensibly for the purpose
of visitiDg some islands. When more
than half way across, the man took a
revolver from his pocket and fired
three times at the woman, the balls
entering the leg, abdomen and arm.
He then shot himself in the breast and
died immediately.
Judge Donahue issued an order, re
turnable Monday, for the redaction of
Tweed’s 83,000,000 bond. Counsel
claim that the bail is excessive and
unconstitutional.
The Couit decided not to reopen the
Beecher case. Judge Neilson, after in
structing the jury upon the nature of
evidence, concluded with a long resume
of the evidence, anti the jury retired.
GEORGETOWN COLLEGE.
Degrees and Honors Conferred—Geor
gia Boys Distinguished.
The following degrees were conferred
at Georgetown College at the hands of
the Rt. Rev, Archbishop Bayley : Doc
tor of Divinity, Rev. John McCloskey,
President of Mt. St. Mary’s College,
Emmittsbnrg, Md.; Dr. of Laws, Hon.
Wm. M. Merrick, Md.; Hon. George W.
Paschal, D. C.; Master of Arts, Alger
non S. Garnett, Md.; Frank J. M. Daly,
Bachelor of Arts, Pennsylvania; Ed
ward D. Connally, Pennsylvania; Doc
tor of Philosophy ; Prof. Win. P. Tonry,
Maryland. Bachelor of Arts: William
Allen, Virginia, William H. Clarke, Dis
trict of Columbia ; ADsel I>. Cook, Geor
gia ; Walter A. Donaldson, Maryland ;
J. Percy Keating, Pennsylvania : J.
Caldwell Robertson, South Carolina;
Louis R. Thian, District of Columbia.
Mr. Wm. Allen, Jr., then delivered
the valedictory in such an eloquent
manner as to elicit frequent applause.
“ Music by the band ” followed. The
distribution of prizes then took place.
The awards were as follows : Senior
Classes—ln the Class of Rational Phi
losophy, the gold medal to Percy Keat
ing, Perm.; premium, J. Caldwell Rob
ertson, S. C.; distinguished, Louis R.
Thian, D. C. Excellence in English es-
says—premium, J. Caldwell Robertson,
S. C. Physics—gold medal, J. Perry
Keating, Penn.; premium, J. Caldwell
Robertson, S. C.; distinguishe 1, Ansel
B.- Cook, Ga., Louis R. Thian, D. C.
Mechanics-gold medal, J. Percy Keat
ing, Penn.; premium, J. C. Robertson,
S. C.; distinguished. A. B. Cook, Ga., and
Louis R. Thian. Rhetoric medal, Jno.
Carroll Payne, Va.; premium Jno. G.
Agar, La.; distinguished, Clement Mar
ley, N. C. English literature and com
position; premium, Jno. G. Agar, La.;
distinguished, J. Carroll Payne, Va.;
Clement Manly, N. C.; Philip M. Ruiz,
Cuba; Poetry, Medal Arthur, Hood,
Ga.; premium, Patrick H. Lynch, N. Y.;
distinguished, Enoch B. Abell, Md.;
Pedro B. Eeheverri, La; F. DeSales
Jenkins, Md. English literature and
composition, premium; Enoch B. Abell,
Mil.; distinguished, Arthur Hood, Ga.;
Jas. M. Hogan, Kentucky; Frank De-
Sales Jenkins, Maryland ; Pedro B.
Eeheverri, Louisiana. First Grammar
—Medal, Andrew J. Shipman, Virginia;
premium, E. Sydney Mudd, Maryland;
distinguished, John Giltmau, Pennsyl
vania; John Cooney, District of Colum
bia; B. Campbell McNeal, Pennsylva
nia; Chas. P. O’Conner, South Carolina;
Thos. P. Keruan, New York; Frank J.
Duffy, New York. Excellence in Eng
lish Composition—Premium, Andrew J.
Shipman, Virginia.
A St. Louis temperance paper offers
fifty dollars for the best poem on
water. The editor of the Louisville
Courier-Journal will not compete. He
says he never was familiar with botani
cal subjects.
AUGUSTA, GLA., FKIDAY MOHNINGK JUNE 25, 1875.
FOREIGN DISPATCHES.
Lady Franklin Hopelessly 111—Lome
and Louise Coming to America —
Floods in France—Moody and Sankey
Out of Pocket —Count Von Arnim
Condemned to Imprisonment—An
other Carlist Victory— Shocking De
tails of the Cucuta Earthquake.
London, June 24.—Lady Frankliu is
hopelessly ill. She hade farewell yes
terday to the commander o! the Pan
dora, which went in search of relics of
the Franklin expedition, and on other
exploring voyages.
It is reported that the Marquis of
Lome and his wife, the Princess
Louise, intend making a tour of the
United States.
The Revivalists closed their meet
ings in Liverpool. Their expenses
exceeded contributions by 88,000.
Paris, J une 24.—The l iver Garonne
continues to rise. Several persons
were drowned by the inundation of the
adjacent country.
Berlin, June 24.—The case of Count
Von Arnim was decided by the Kem
mergericht to-day. He was convicted
of abstracting, with intent, state papers
of the character of public deeds en
trusted to him and sentenced to nine
months imprisonment including one
month that has already expired. The
Court declares that there was no ground
for the charge of embezzlement or of
fenses against the public order.
London, June 24. —The Carlist com
mittee here announce that they have
received information of a victory by
their forces over the Alfonsists in Cas
tile. Nine of the Alfonsist officers are
said to have been captured.
New York, June 24.— The steamship
Andes, at this port from Maracaibo,
brought further particulars concerning
the recent terrible earthquake which
destroyed the town of Cucuta, in New
Grenada. From persons wbo had
reached Maracaibo from Cucuta short
ly before the steamer sailed, it was
learned that the loss of life and prop
erty wa3 much greater thau at first
supposed. Cucuta and all the sur
rounding villages within a radius of
twenty miles were completely destroy
ed by the severity of the shock. Many
serious losses of life and property were
also occasioned by the rains and by
bands of robbers who organized imme
diately after the shock had passed
away, for the purpose of plundering
houses that were prostrated. The cus
tom house and coffee warehouses situ
ated in Los Caehas were first attacked
by a band of these marauders, but they
were driven off before any serious
damage had been done by them, and
forces have now been organized in most
of the neighboring cities aud towns
and sent to the scene of disaster for
the purpose of protecting the lives and
property of those who had escaped the
effects of tiie siioek.
The Yelknv Fever Ragin? at Rio lie
Janeiro —Deaths and Sickness in the
United States Squadron.
Washington, June 24.—A private let
ter received here to-day by an officer
of the navy from a brother officer at
Rio, dated May 23d, reports that the
yellow fever was raging at that place,
and the number of deaths daily was
from fifteen to twenty. During the
first half of March 192 deaths were re
ported. On the United States steamer
Lancaster there were several eases.
Fleet Surgeon Denby aud Assistant
Surgeon Fassig died, the former on the
3d of April at Bahia, Brazil,
but the date of the death of
the latter is not mentioned. There
had been much sickness on board
of that vessel. On the Brooklyn
several cases of fever were reported
and two sailors died in April. She ar
rived at Rio on the 20th of May, and
was then reported by the Surgeon in
good sanitary condition. There were a
few cases on the Monongahela, but no
deaths mentioned, when she left Rio.
Several officers and seamen remained
in the hospital on shote, hut all hud re
covered except Assistant Surgeon
Waugh. It was expected he would
soon be able to start tor home.
Official Report of Capt. Roe.
Washington, June 24. Official.
Capt. F. A. Roe, commanding the Lan
caster, reports the arrival of that ves
sel at Bahia, Brazil, on the 9th of May,
from Rio 22d April, en route home.
The yellow fever broke out on the 28th
of April, Lieut. Bolles being first at
tacked. On the 28th Master J. B. Mut
dock, Medical Inspector, aud E. R.
Denby, Fleet Surgeon, were reported
down. Bolles died 21 May; Denby 3d
May. On the same day B. F. Fassig,
Assistant Surgeon of the Lancaster,
was attacked, removed to the hospital
and died on the tenth. No other cases.
had appeared on the Lancaster, and it
was believed she was free from disease,
having been thoroughly fumigated and
cleaned. A later dispatch from Capt.
Roe, dated May 18th, says since Dr.
Fassig was attacked no other cases
have appeared, and there are no symp
toms at present. He expected to leave
Bahia for the United States on the‘2oth
May. The Monongahela left Rio for
the South may 2d, for the health of the
ship’s crew. A private letter from Rio
reports ten cases and two deaths .on
the Brooklyn, and one death on the
Monongahela, that of S. M. Coleman,
Secretary to Admiral Leroy.
ELECTRIC FLASHES.
Washington, June 24.—Bishop Ames
is a member of the Sioux commission.
Chattanooga, June 24.—A carpenter
named P. C. Drew, formerly from
Lynchburg, was run over and fatally
injured by a switch engine, while
walking on the track this evening.
Washington, June 24. — Not a word
from the Beecher jury.
Philadelphia, June 24.—Rear Admi
ral John DeCamp is dead, aged 64.
Quebec, June f4. —The College at St.
Theresa village, together with about
fifteen houses, was destroyed by fire
this afternoon Loss not ascertained.
Providence, R. 1., June 24.—A large
woollen mill and buildings contiguous,
at Mystic Bridge, Ct., were burned.
THE WAR-WHOOP.
Indications of a Bloody Indian War—
The Blue Coats Need Reinforcements.
Omaha, June 24.—Prominent fron
tiersmen and army officers express the
opinion that there will be great trouble
with the Sioux, Cheyennes and Arapa
hoes this Summer and Fall. At least
five large war parties have left the
reservations during the last two weeks.
The cavalry in this department are un
able to keep them on the reservations
through limited numbers. It will be
impossible for the soldiers to guard the
Black Hills and attend to the Indians.
Challenging lawyer to a colored jury
man in Clinton, Louisiana: “Do you
know what a verdict is?” “No, sjih.”
“Did you ever see one ?” “No, sah. I
aebber was at a show in my life.”
FATHER TOM BURKE.
The Health of the Great Dominican
Preacher Failing Rapidly—His Con
stitution Broken Down in Conse
quence of Unremitting Labor—The
Disease Thought to be Cancer of the
Stomach.
Dublin, June 10,1875.
The readers of the Herald, whatever
their politics or creed, will be sorry to
hear that Father Tom Burke, the great
Irish Dominican preacher, is in poor
health, and that his state is such that
grave apprehensions are entertained as
to the result.
The Exciting Cause of His Illness.
Father Tom has never been quite
well since his return from America.—
Stalwart and robust as he may seem to
be, he is not of a strong constitution,
and his tour through the United States
told on him. The unceasing labor,
the fatigue that could know no
intermission or repose, the grave
anxiety and the responsibility which
continuously rested on him stealthily,
but surely wrought their effects. If
he could have been sent away to some
quiet, remote place, far from the busy
haunts of his usual avocations, ail
might have been well. But he could
not be spared for even a short, neces
sary holiday of idleness. An Irish
Dominican friar does not belong to the
category of “the lazy monks of old.”
His life is one of constant activity.
Aud so when Father Burke returned
home, practically worn out after the
toils of his American mission, it was
not to rest, but to resume the routine
of his usual duties.
First Signs of Failing Health.
It became known, however, before
very long, that he was not able to do
all that the public wished to have at
his hands. For, high as his reputation
stood before he crossed the Atlantic,
the reception accorded to him by the
people of the United States had in
creased his fame. Everywhere now
people wished to see him and to hear
him. No church or chapel could be
opened, no foundation stone of convent
or hospital laid ; in fact, no religious
functiou could be popularly celebrated
but Father Tom was expected to
preach. Invitations to lecture also
poured in upou him—a novelty in his
Irish occupations ; for, previous to his
visit to America, be used not to lecture.
It was not possible for any ordinary
constitution to hold out under these
incessant demands.
But the first public indication of
failing strength was given about four
weeks ago. On Sunday, May 16th, the
new organ was opened in Armagh Ca
thedral. Father Burke had beeu asked
by the Primate to preach on the occa
sion. It was an instance of the variety
and multiplicity of the demands upou
him. Up to the last moment he strug
gled to fulfill his engagement and grat
ify the wishes of the Ulster Catholics.
But he broke down, and his place had
to be taken by another.
Ho was to have preached at Tuam
last Tuesday, to celebrate the Jubilee
of Archbishop McHale. But he found
he was unable —too late, however, to
allow of his place being supplied. And
now, it is rumored, that he will not be
able to preach the sermon at the grand
religious ceremonial which is to be a
part of the O’Connell Centenary.
Said to be Cancer of the Stomach.
What is the nature of his illness? It
is stated to be some obscure affection
of the stomach, which has not yet de
veloped sufficiently to admit of accu
rate diagnosis. But those who have
good opportunities of knowing speak
ominously, and hint that all the symp
toms point to cancer of the stomach.
If this be so, we must not only be pre
pared for the worst, but even hope
that the painful sufferings attendant on
this disease may be abridged for him.
In any case, it is most probable that
our American friends have fur the last
time heard the eloquent voice aud
gazed on the expressive face of Father
Tom Burke.
The Myth of Morgan’s Murder.
| From the St. Louis Dir patch. |
Not along ago the Masons had an
immense celebration and procession in
Now York City', and straightway on the
heels of the old story of Morgan’s
treachery to the order was resuscitat
ed, and the ole tale of his arrest, im
prisonment, solemn trial and awful, be
cause unknown, death dwelt upon and
made plain with the usual amouut of
rhetorical glamour aud inconsistency.
Years ago, however, the story of
Morgan’s murder by the Freemasons
was most effectually disposed of by no
less a person t ban Morgan’s own son.
Instead of being mysteriously butcher
ed, the father lived nearly thirty years
after his abduction, and finally died,
in corpulence and contentment, at Van
Diemen’s Land, where he. was the ed
itor of a newspaper, called the Adver
tisei', which still survives him, and
where in a pleasant way he used to re
fer to the stories told of his horrible
killing in the United States, and the
various modes of torture that had
been accorded to his executioners as
the means whereby he was taken out
of the woild.
According to the statement of young
Morgan, his father was arrested after
the exposure of Masonry came out and
held some time a prisoner, aud finally
released upon the condition that he
should leave the couutry forever. He
accepted with alacrity the propositions
made to him, and was accompanied by
a Masonic committee as far as Quebec.
Here he entered the British navy, aud
in two months sailed direct for Eng
land. A month later his ship was or
dered to Australia. Morgan in some
way got a discharge from the service,
and settled at once in Van Dieman’s
Land. His son was a resident of Sin
Francisco at the time this information
was communicated concerning his
father’s whereabouts. Ouce every two
years the son visited the father, and
for a while after this official and em
phatic statement was published, the
story of the father’s murder died out.
At intervals, however, it breaks out
afresh aud goes the rounds of all the
newspapers. It is time now to let the
antidote go with the poison.
The most singularly-named man in
New York is Waiter R. T. Jones —the
middle initials standing for Restored
Twice. His parents first had a son
called Waller, who died. Another boy
was born to them, and christened after
the first, with an addition—Walter Re
stored. He died, and a third male
child was born, and received the name
ho now bears —Walter Restored Twice
Jones.
Three New Bedford girls are begging
a ship Captain to allow them to go
with him on a whaling cruise. They are
willing to cook, help try out the oil, or
make themselves useful in any way
they can.
SUPREME COURT OF THE
UNITED STATES.
Alleged Frauduleut Answers to Ques
tions in an Application for Insu
rance.
(From the New York Times. 15th.)
Washington, June 14.—1a the United
States Supreme Court the following
opinions have been delivered :
No, 165. —The American Life Insu
rance Company, plaintiff in error, vs.
Zenora F. and William C. D. Mahoui.—
In error to the Circuit Court of the
United States for the Southern District
of Mississippi.
Mr. Justice Strong delivered the
opinion of the Court. The general na
ture of the defence in this action in the
Circuit Court was that the policy had
been issued on the faith of false and
fraudulent representations made by
Dillard, whose life was insured, and
that those representations were by the
express, agreement of the parties de
clared to be warranties. Among the
questions propounded to Dillard and
answered in the “proposal for insu
rance” was the following : “Is the
party temperate and regular in his
habits?” To which the answer “yes”
was appended. This was question and
answer No. 5. Question No. 16 was :
“Is the applicant aware that any un
true or fraudulent answer to the above
queries, or any suppression of facts in
regard to health, habits, or circum
stances, will vitiate the policy?” To
which the answer “ye 9” was also ap
pended.
None of the answers were written
by Dillard, though he signed his name
at the foot of them all. They were
written by Yeiser, the agent of the
Company, and, as he testified, read
over to Dillard, who then signed them,
and immediately afterward signed a
declaration filled up by the agent,
which was in effect, an agreement that
if the said proposals, answers and de
clarations returned to the company
should be found fraudulent or untrue
iu any lespect, or if there should be
any wilful misrepresentation or con
cealment iu the said declaration, the
policy should be void. All this was in
troduced by the defendants, and after
its introduction the plaintiffs were per
mitted, against the objection of the de
fendants, to call a witness and prove
by him that he was present when Yei
ser propounded question No. 5 to Dil
lard, and that Dillard’s answer was not,
“yes,” but “I never refuse to take a
drink,” or “I always take my drinks,”
and that the answer “yes” was improp
erly written down without the knowl
edge or consent of Dillard. The re
ception of this testimony constitutes
the basis of ihe first assignment of
error. That there is no substantial
reason for complaining of the ruling of
the court in this particular is, we think,
fully shown by what was decided in
Insurance Company vs. Wilkinson, 13
Wallace, 222, and in the cases therein
mentioned. The testimony was admit
ted, not to contradict the written war
ranty, but to show that it was not the
warranty of Dillard, though signed by
him. Prepared as it was by the com
pany’s agent, and the answer to No. 5
having been made, as the witness
proved by the agent, the proposals, both
questions and answers, must be regard
ed as the act of the company, which
they cannot be permitted to set up as a
warranty by the assured. And this is
especially so when, as in this case, true
answers were in fact made by the ap
plicant (if the witness is to be believed)
and the agent substituted for
them others, now alleged to be
untrue, thus misrepresenting the
applicant, as well as deceiving
his own principles. Nor do we think
it makes any difference that the
answers, as written by the agent,, were
subsequently read to Dillard and signed
by him. Having himself answered
truly, and Yeiser having undertaken to
prepare and forward the proposals,
Dillard had a right to assume that the
answers he did make were accepted as
meaning for the purpose of obtaining
a policy what Yeiser stated them in
writing to be. The acts and declara
tions of Yeiser are to be consid
ered the acts and declarations of
the company whose agent he was,
and Dillard was justified in so un
derstanding them. The transaction,
therefore, was substantially this: The
company asked Dillard: “Are you tem
perate and regular iu your habits? To
which he answered: “I never refuse to
take a drink,” or, “I always take my
drinks.” To this the company replied,
in effect, we understand your answer to
mean the same, iu your application for
a policy, as if you had answered
“yes,” and we accept it as such, and
write “ yes ” iu the proposals.
Then, upon being asked whether
he warranted the truth of his answers,
he returned the reply, “Since you so
understand my answers, I do.” Surely,
after such a transaction, the company
cannot bo permitted to say that the ap
plicant is bound by what was written in
the proposals for insurance as his war
ranty, and that such was the transac
tion the evidence received by the court
tended to prove. The first assignment
of error, therefore, cannot be sustained;
nor can the sixth, which is to the charge
of the court, and which presents sub
stantially the same question as that
raised by the first. Tho second assign
ment complains of the exclusion of the
testimony of Dr. Alexander, a medical
witness. He was offered to prove that,
as the medical examiner of another
company, he had examined Dillard
in June, 1870, and had given his opin
ion in writing to that company that
Dillard was not worthy of insur
ance. This offer the court over
ruled ; and we cannot see why
the evidence should have been received.
The unfitness of Dillard for insurance
in June, 1870, surely could not be
proved by the fact that the witness had
then expressed an opinion that he was
unfit. And, besides, such an opinion
had no pertinency to any of the issues
joined between the parties. The wit
ness was also asked whether he was
acquainted with 1 lie condition and state
of health of Dillard in June, 1870; and
i/ so, what it was, and tho nature of
his disease or malady, if any ? And to
this question also the court refused to
permit an answer. The policy on
which the suit was brought was made
on the 30th day of August, 1870. Had
the question addressed to the witness
related to a time subsequent to the
issue of the policy, the answer to it
should have been received,for one of the
issues on trial was whether Dillard “af
ter the execution of the policy, became
so far intemperate as to impair his
health. But there was no issue in re
gard to his health prior to the insur
ance, and therefore the evidence offer
ed was rightly rejected. Of the fourth
and fifth assignments, it is sufficient to
say that we do not perceive they ex
hibit auy error. The third assignment
is of more importance. The plaintiffs
were allowed in the cross examination
of one of the defendant’s witnesses to
ask whether one Dearing, the general
traveling agent and supervisor of the
defendants in the Southern States, did
not, some time after the death of Dil
lard, and after he had made an ex
amination of the claim of the plaiu
tiff, express an opinion that it
should be paid ? To this question
the witness replied that Dearing had
expressed his opinion that it would
be best for the defendants to accept the
situation, and pay the amount of tho
policy. That such an opinion allowed
to go to the jury must have been very
hurtful to the defendants’ case is maui
fest, and that it was inadmissible is
equally clear. The opinion of an agent,
based upon past occurrences, is never
to be received as an admission of his
principals; and this is doubly true
when the agent was not a party to
those occurrences. AVe have so recent
ly discussed this subject in Clough anil
wife vs. Northwestern Packet Company
that it is needless to say more. For
the error in receiving this evidence the
judgment must be reversed. The judg
ment is reversed, and anew trial is
ordered.
| This decision has never before been
published.]
ABBE CONSTANT.
The Singular Career of an Ex-Priest.
Paris, writes the correspondent of
the London Standard, has just lost an
other eccentric celebrity, whose career
was too curious to pass over in silence.
I allude to the strange personage known
as the Abbe Constant, or Eiiphas Levi.
Brought up at St. Sulpice, he had at
tained the rank of Deacon, when he
was turned out of the seminary for ad
vocating certain revolutionary theo
ries, which led to some scandal. Thrown
on the world without any resources,
and being of a wild, romantic charac
ter, he went in search of adventure,
and came across a mountebank named
Gaonau, who endeavored to form a
new religious sect, in which he was
joined by such men as Felix, Pyat, Bar
bes, Blanqui and other revolutionists.
Abbe Constant soon distinguished him
self by the ardor of his new convictions,
and ho published a book entitled “La-
Bible et la Liberte,” for which he was
prosecuted and sent to prison for sev
eral months. On regaining his liberty
he was deputed to go into the pro
vinces and preach the “holy doctrine”
of the new sect, but, finding it did not
pay, he changed tactics. He gave out
in the papers that tiie Abbe Constant
was dead, and a few weeks after pre
sented himself to Mgr. Olivier, at Ev
reux, as the Abbe Derancouit. The
Bishop received him well, and invited
him to preach in his Cathedral during
the month of May, which is set apart
by the ltoman Catholics for the special
adoration of the Virgin Mary. Our
hero acquitted himself most admira
bly, and would probably have remain
ed at the Cathedral in the midst of
honor or clover but for the appearance
in the neighborhood of the very Judge
who had sentenced him for his revolu
tionary book above mentioned. He
was recognized as the " deceased “
Abbe Constant, and had to skedad
dle. He then returned to Paris
and married a girl of sixteen, one
Mile. Moemi, who, some years later,
made herself notorious under the
name of Claude Vignon. Two children
were born of this union, but the wife
findiug out that he was a deacon, aban
doned him, aud the marriage was de
clared null and void on account of
illegality, a man in “holy orders” not
being allowed to contract matrimony
in France. The Abbe now took tiie
name of Eiiphas Levi, and published
several works on alchemy and similar
occult sciences, as well as one or two
novels of very doubtful morality,
which earned for him a little sad noto
riety among readers of that class of
literature. The Abbe Constant, how
ever, repeated of his misspent life at
the last moment, made a full confession
and retraction, and died, as we are toll,
“in the arms of the Church.” The lady
above referred to is now tho wife of .a
Radical Deputy.
[N. Y. World Correspondence.]
The Abbe, left to himself, gave him
self up to the study of astrology,
magic and the black art, and wished to
discover the- philosopher’s stone. In
his investigations into the transmuta
tion of metals he is said to have dis
covered a process of making a metal
of which the main ingredients are
nickel and copper, but which, by the
addition of certaiu chemicals, is ren
dered indistinguishable from pure sil
ver save by its greater lightness. I
have myself visited the Abbe’s rooms,
and have paid him for having my for
tune told. He seemed to me to be like
a man who was laboring under some
great fear. He could tell me nothing
that I had not known before, and he
offered to pay me my money back,
which I refused. The stories which I
used to hear about the Abbe were nu
merous aud wild. He was believed to
be in correspondence with the Devil,
and under certain circumstances he
could make the Devil or one of his
imps appear. A priest, who, like him
self, had goue astray, went to see him
one day, and asked to see the Devil.
“ Begone,” said the Abbe ; “if you want
to see tiie Devil, look in your mirror.”
“ You are right,” said the priest, “aud
he will do something with me ere long.’"
A day or two afterwards a priest stab
bed the Archbishop of Paris; it was
Verger, the visitor of the Abbe. Of
late very little had been heard of the
Abbe, but now that, he is dead every
one talks about him.
GEORGIA STATE BOARD OF
HEALTH.
General Invitation.
At the recent meeting of the Board
of Health of the State of Georgia, the
following preamble and resolutions
were adopted ;
“Whereas, This board is fully im
pressed with the paramount import
ance and mighty responsibility or their
relations to the public ; and whereas,
they clearly recognize the great value
and assistance of thoughtful sugges
tions as promotive of the benevolent
ends for which the Board has been in
augurated.
Resolved, That we cordially invite
members of the medical profession, and
other scientific men, to communicate
freely with us, through the secretary,
on any aud all subjects pertaiuiug to
the public health, aud that we assure
them and all public spirited people,
whether of scientific pretensions or
not, that such useful suggestions will
ever meet the most respectful and
thoughtful consideration.
Resolved, That the above be fur
nished to the public journals as an in
dication of the wishes of this Board.”
The press of the State are earnestly
invited to contribute to the public in
terest and information by the publica
tion of the above preamble and reso
lutions. V. H. Taliaferro, M. D.,
Secretary of the Board.
THE JEFFERSON COUNTY
MURDERESS.
She is Tried Before Judge H. V. John
son—A Pitiful Spectacle—Not the
Hallows but the Asylum.
ISandersviile Herald.]
On Wednesday of last week Judge
Johnson convened a special term of
Jefferson Superior Court, to try the
case of Mrs. Mary J. Whitaker, charged
with killing her husband, Joshua
Whitaker, on the morning of the 3d
iust. The grand and special juries, of
the last regular term reported promptly,
aud court was opened at 10 o’clock.—
Judge Johnson stated the business that
had called them together, when the
grand jury retired to consider the cause.
After an absence of about an hour they
returned, and the Clerk read out: The
State vs. Mary J. Whitaker—murder—
true bill.
Upon inquiring the Court ascertained
that the prisoner was without counsel,
neither was auy one interesting them
selves iu her behalf. Col. Cain, it was
stated, had visited her iu prison and
intended defending her, but the loss of
his greatly beloved wife the night pre
vious prevented his being there and
performing his contemplated noble
deed of charity. The Court, therefore,
appointed Judge Denny and Capt. Pol
hill, Mr. Alexander volunteering with
them, to act as counsel for the prisoner.
The State was represented by Solicitor
General John W. Robison.
The Sheriff with assistants were then
sent to the jail to bring the prisoner
into court. We have seen many pris
oners arraigned before a court of jus
tice, but nothing like this. From
Thursday previous the prisoner, a del
icate woman, had taken no food or
drink, save, perhaps, a small quantity
of milk the day previous. She was
brought in, borne by two men, who had
absolutely to carry her, as she could
not, or would not, walk a step. Her
eyes were closed as if in deep slumber,
and she seemed to be perjectly uncon
scious of where she was and what was
going on. She was laid upon the floor,
crouching rather, with her face turned
slightly downward. A pillow was
brought and placed under head, but in
a few minutes she drew her head off of
it and resumed her former position.
A jury being empanelled, the case
was opened, and a general plea of in
sanity filed by counsel for prisoner.
The first witness introduced by the
State was a brother of Mrs. Whitaker,
who stated that on the morning of the
homicide, about one hour before day,
he was awakened by his mother, who
told him something was the matter in
the kitchen (occupied by Whitaker and
family), and that she was afraid to go
iu there. He got up, and could hear
groans in the kitchen. He procured a
light and went in, and found Whitaker
with five deadly wounds in the head, in
flicted with an axe. One eye was closed.
Witness spoke to deceased, who looked
at him with the eye that was open, but
never spoke, Whitaker died soon after.
He, witness, did not see his sister. He
testified to the insanity of Mrs. Whita
ker, at times, for more than a year
past. She made an attempt upon the
life of her husband more than a year
ago, which witness prevented being
carried into effect. Deceased was kind
to his wife, let her have her own way,
as she was “strange.” Another witness
corroborated, to a considerable extent,
what the previous witness had said. A
third witness testified to the fact that
insanity was hereditary in the family.
The grandfather was killed, by a negro,
while insane, and four out of five of
the family had been crazy. Two had
been sent to the asylum and two had
not. A clear case of insanity at the
time of the homicide, the time of the
trial, and for more than a year past,
was clearly proven.
The morning of the killing Mrs.
Whitaker, who it seems fled, was found
in a field some some six miles distant
from her home. She was bare headed,
had with her, her three little children,
a dog ami a cat. The owner of the
premises induced her to go to the house
where food was furnished her and the
children, and she was taken and car
ried back to her home, and thence to
prison.
The ease was submitted without ar
gument, and the jury, without leaving
their seats, gave a verdict of insanity.
She was ordered to be taken at once to
the Asylum at Midway, and we presume
is there now.
After the trial a number of ladies
came in and tried to rouse her up, but
to no purpose, and they left her where
she was lying on the floor. None of
her relatives seemed to care anything
for her. Her mother was not even at
the trial. Perhaps she might have
been providentially kept away ; of this
we know nothing.
Mrs. Whitaker, as we were told, is
only about 22 years of age, and even
in her emaciated condition her features
gave evidence of personal beauty.—
Taken all together it was the saddest
case we have ever seen in a court
house.
Milords of Nevada.
QVashington Letter to N. Y. World.)
Tiie only excitement we have is to
speculate over Senator Jones’ house.
Where will it be ? He has smiled
blandly upon every landlord in Wash
ington, but committed himself to uoue.
Real estate owners hover around the
Senatorial Midas. He treated with
Butler for his granite palace on Capitol
Hill, but the dining room wasn’t large
enough—only holds thirty people—and
besides, the General had designated it
specially for himself, and wasn't anx
ious to sell. Then Stewart, who wants
to get that white elephant off bis
hands, offered him his establishment —
Gobelin curtains and all —for 815,000 a
year, but neither did that suit; so the
matter is still open. Wherever they do
settle the neighbors will find Mrs.
Jones a most charming, unaffected and
entertaining woman, whose beauty and
wealth are her slightest attractions. By
the way, Sharon, the new California
Senator, has rented Castle Stewart for
818,000; so it was well for the owner
that Jones declined. When Sharon’s
wife died—about a month ago—she was
buried in a white satin dress, with six
pointe flouuees. The dress was on ex
hibition before the funeral, and the
coffin was of solid silver. With such
a widower in Washington society the
excitement will be immense. Jones
know? what it is to be the object of ten
der solicitude to mammas aud daugh
ters. Why, the old maids ran after his
little gfrl so persistenly during his wid
oworhood he had to send her to board
ing-shool for fear she’d be spoiled.
It is no uncommon thing for the New
York police to catch twenty or thirty
deadheads riding between the cars on
the night freight trains leaving on en
tering that city. Some of these fellows
are chronic tramps, but too many of
them are working men shifting from
place to place in search of employment
that they cannot find until a general
revival of business takes place.
New Series—Vol. 3, ISTo. 129
THE GEORGIA ( HOPS.
The Crops in Southwestern Georgia.
(Savannah News]
With a view to give the readers of
the News reliable information in regard
to the present condition and prospects
of the crop in our immediate section of
the State, we have obtained the follow
ing telegraphic reports from offices
along the line of the Gulf Railroad.
These reports, embracing an extended
region of country, may be regarded as
furnishing an index of the general con
dition of the crois throughout South
western Georgia;
Fleming, J une 21.—Earlv corn crops
injured by dry weather; have had flue
rain; raining now.
Thomasville, .Tune 21.—Weather a
little cloudy, but dry and hot. Have
had recent showers in localities. Corn
crop injured slightly. Cotton progress
ing rapidly. No indication or any dis
aster.
Dr pont, J une 21.—Weather dear and
very warm. No ram yet. Crops re
ported to be badly damaged.
Live Oak, June 21.—The weather for
a few days past has been favorable,
l’he corn crop has been damaged three,
the cotton crop ten, and the melon
crop twenty per centh. by the drought.
Albany, June 21.—Clear and hot.
Some rain yesterday. The crops are
suffering, but I am not prepared to say
to what extent.
\ aldosta, June 21.—W0 had some
rain yesterday and day before. Indi
cations of more tbis evening. Crops
are injured, except forward corn.
Quitman, J une 21. — Refreshing rains
Saturday afternoon, indications of
more this evening. Crops are damaged
but little if any by drought.
Bainbridge, June 21.—Crops are suf
fering for rain, but are not materially
damaged yet. We are having light
local rains.
Jesup, June 21. — Cloudy and warm.
Crops are not seriously injured by the
drought.
Tebeauville, June 21.—For the last
eight or ten days the weather has been
excessively hot and dry. The corn
crop is suffering badly, especially for
ward corn. The oat crop is very fine.
Wo have not had a good season since
about the Is; of May.
Greene County.
Greensboro Herald: Rain has been
general throughout our county. Crops
are iu good condition and promise an
abundant harvest. More wheat has
been raised io the county than any
year since the war. Fall oats are as
fine as we have ever seen. Mr. Wm.
Moore brought a specimen of the yel
low rust proot oats into our office a
few days ago, which excel any oats
grown in this section. He informs us
the yield was seventy bushels per
acre.
Gwinnett County.
On last Saturday night, and Sunday
following, we were blessed witii fine
rains. They came just in time, as gar
lAiiiis au<i Hold oropj vroro uj
suffer. Although it has only been two
weeks since we had rain, the long, hot
days and the dry, scorching winds
which have prevailed had caused the
grouud to become as dry as it some
times does with a drouth of twice that
long. How refreshing is a gentle rain
with its cool breezes these hot, June
days. The trees, crops, grass, even
the woodsseem inspired with new life.
The laborer, refreshed and invigorated,
with elastic step and buoyant hope, re
sumes his toils. All nature, animate
and inanimate, rejoices, and the heart
that does not feel grateful is certainly
suspended over the brink of a “moral
Niagara.' ’—Herald,
Why Not Grow More Small Grain ?
[Athens Watchman.)
While in Jefferson, last week. Mr.
James E. Randolph informed us that
he had fifty acres of old-field pine sap
ling cut down last Summer, the grouud
plowed in September, which, owing to
drought, was not broke more than two
inches deep in some places. The field
was sown in oats. A portion of it had
been harvested when we were there.
Mr. R. assures us that much of it was
as high as a man’s shoulders, and that
the field would average 20 bushels to
the acre. The 50 acres would, there
fore, yield 1,000 bushels of oats, which,
at 75 cents per bushel, would amount
to 8750. We do not suppose clearing
aud plowing the land, and harvesting,
cost more than 820 U— leaving a clear
gain of 8550. And yet some people say
there is no profit iu growing oats!
Savaunah Advertiser: We have made
some inquiries with regard to the pros
pects of the forthcoming rice crop, and
learn that the outlook is most favorable
from the various points tributary and
contiguous to Savaunah. The long
drouth tended somewhat to create a
little apprehension iu the minds of
planters, but all feais on that score
have been dispelled, the recent rains
coming just in the nick of time, which
will enable the harvest flow to be
delayed a little on the early crop
if necessap’- The last issue of
the Hinesville (Liberty county) Ga
zette says of the crop In that
section, “that the dry weather is not
having much effect on this plant. One
planter in the neighborhood of Rice
boro has fifty acres, which we are told
is iu splendid condition.” Notwith
standing the present Tavorable oros
pects of good crops, etc., planters con
tinue to be apprehensive until after the
heavy gales of August or September,
when, if nothing of a serious nature oc
curs, they can congratulate themselves
upon the making and saving of a fine
crop.
An anonymous correspondent, of the
Chicago Tribune challenges a Reformed
Episcopalian clergyman to prove that
the Biblical version of the birth of
Christ and St John are true. He de
nies; that the angels ever appeared to
Mary and Zacharias, prophesying their
birth, and expressing himself willing to
pay ten thousand dollars to any one
who will demonstrate the veracity of
the Scriptures in these instances.
I picked up a hyina nook in one of
the pews. It bore on its title page the
nai®e of “ Mrs. J. E. B. Stuart.” Ever
in praise in honor be the name retain
ed in Virginian hearts. Mis. Stuart re
sides hero with her two children, and
is field in the highest respect and af
fection by all the country side, as
shoull be the widow of one of our best
and bravest. —Letter from ScUtvUle, Va.,
in Petersburg Appeal.
The bold soger boyo from the South
may not receive as warm a welcome as
tb. y gave us “felleis” when we went
South a dozen years or so ago, but they
will like it none the less.—Boston Daily
News.
Tailors’ suits cover nakedness, while
lawyers’ expose it .—Waterloo Register,