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Old Series —Vol. 25, No. 1*22. THE CONSTITUTIONALIST, las. 0. Bailie, Francis Cogin, Geo. T. Jackson, PROPRIETORS. TEEMS OF SUBSCRIPTION. Daily, oca year $lO oo ti months ,6 oo “ ft months 250 TANARUS: l-Weekty, one year 6 oo 6 months 2 5o Weekly, one yttar 2 " c months l©o Single copie*, 5 cents. 'Jo news dealers, 2% cents. On and after this date (April 21,1875,1 alt editions of the Constitutionalist will be sent free of postage. Subscriptions vnist in all cases be paid in advance. The paper will be discontinued at the expiration of the time paid for. Advertisements mustbe paid for when hand ed in, unless otherwise stipulated. Correspondence invited from all sources, and valuable special m ws paid for if used. Rejected communications unit not be return ed, and no notice taken of anonymous commu nications, or articles written on both sides. Money may be remitted at our risk by Ex press or postal order. All letters should be addressed to H. C. STEVENSON, Manager, 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,