Funding for the digitization of this title was provided by the R.J. Taylor, Jr. Foundation in partnership with the Atlanta History Center.
About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (June 30, 1869)
®l)e illcch(i) Conotituticmnliot. BY STOCKTON & CO. OUR TER.»S. The following are the rates of Subscription: Daily, one year $lO 00 Wikklt,. one year $3 oo [From App’eton’s Journal. Only the Clothes That She Wore.* There is the hat With the blue veil thrown round it, just as they iound it, Spotted and soiled, stained and all spoiled— Do you recognize that ? The gloves, too, lie there. And in them still lingers the shape of her fingers, That someone has pressed, perhaps, and caressed, So slender and fair. There are the shoes, With their long silken laces, still bearing traces, To the toe’s dainty tip, of the mud of the slip, The slime and the ooze. There is the dress, Like the blue veil, all dabbled, discolored, and drabbled, t This you should know, without doubt, and if so, All else you may guess ! There is the shawl. With the striped border, hung nest in order, Soiled hardly less than the light tnuslin dress, And—that is all. Ah, here’s a ring We were forgetting, with a pearl setting; There was only this one—name or date?— none! A frail, pretty thing; A keepsake, maybe. The gift of another, perhaps a brother, Or lover, who knows ? him her heart chose, Or, was she heart-free ? Does the hat there, With the blue veil around it, the same as they found it, Summon up a fair face with just a trace Os gold in the hair ?. Or does the shawl. Mutely appealing to some hidden feeling, A form, young and slight, to your mind's sight Clearly recall ? A month now has passed, And her sad'history remains yet a mystery; But these we keep still, and shall keep them until Hope dies at last. Was she the prey Os some deep sorrow clouding the morrow,- Hiding from the sky’s happy blue ? Or was there foul play ? Alas! who may tell ? Someone or other, perhaps a fond mother, May recognize these when her child’s clothes qKa eppe • Then-will it be well ? •N. G. Shepherd. * Recently, at the Morgue In this city, the at tire of a drowned person alone remained for identification. If I Were King. If I were king for half an hour, What lots of things I’d do! I’d tear from false men all the power, And give it to the true. No starving voices then should cry, No poverty should lower About the poor man’s home, if I Were kiDg fer ball an hour.. And all should have enough of work, And yet enough of play ; I’d teach the idlers not to shirk — But in some pleasant way. No child should look all wistfully At toy, or sweet, or flower; * I’d treat the little ones, if I Were king for half an hour. I’d have ho prisoners in the land— All people should be good ; With no temptations to withstand, . They truly might and could. We’d have no armies, by the way, Nor ships the sea to scour; The world would be al peace, if I Were king for half an hour. All should be happy, free and gay, By act of parliament; And grief and sorrow done away By general consent; No eye shonld weep, no breast should sigh, No stricken head shonld cower, No heart should ache at all, if I Were king for half an hour. And in the end, the folks would tire Os me and my reforms ; No more calm weather would admire— Would almost sigh for storms. And last a guillotine so high Above the crowd would tower — They’d cut my head off sure, if I. Were king for half an hour. The History of a Life. Day dawned: Within a curtained room, Filled to faintness with perfume, A lady lya, at point of doom. Dav closed: A child had seen the light; But lor the lady, fair and bright, She rested in undreaming night. Spring rose: Tne lady’s grave was green; And near it afterwards was seen A gentle bov, with thonghtfnl mien. Years fled : He wore a raaDlv face. And straggled in the World’s rough race, And won, at last, a lofty place. And then—he died! Behold before ye, Humanity's poor sum and story, Life—death—and all that is of glory. Life. The following inscription is taken from Grey friars’ Churchyard: Our life is but a winter’s day ; Some only breakfast and away ; Others to dinner stay, And are full fed ; The oldest man but sup* And goes to bed. Large is bla debt That lingers out the day; He that goes soonest Has the least to psy. Cotton Claim*.— We learn that the claim , of \y. M. Lowrey, o f this city, for cotton j destroyed )>y Hhcnnan, amounting to *lO/ i,„* decided hy the Court of • Claims, at Washington, In hi* tutor, ami the money paid over. Hmiljcn Arnold, K«M|,, 'ln- In in ~f Arnold X Ill'll) lc |v|ii'i«lit ‘•'l thla claim ami « iiurnW of wlmttar Claim* iwfUr* the ( Aurt, with agueaas [AUa'tU aPollution Decisions of the*Supreme Court of Geor gia. Delivered at Atlanta , Tuesday, June 15. REPORTED EXPRESSLY FOR THE “ CONSTI TUTION,” BY N. J. HAMMOND, SUPREME COURT REPORTER. Barly Varner, plaintiff in .error vs. Benia min Wooten, defendant in error. Rule etc., from Randolph. Brown, C. J. 1-. A deputy sheriff is liable to rule for failing or refusing to pay over money col lected by him. But he is subject to the control of the sheriff; and if he collects money on a fi. fa. and pays it over to the sheriff whose deputy he is, he is not liable to rule at the instance of the plaintiff in fi. fa. after such payment. In such case the plaintiff must pursue his remedies against the sheriff. Judgment reversed. B. S. Worrill, represented by A. Hood, for plaintiff in error. W. D. Kidoo, for defendant in error. James PoWell, plaintiff hi error, vs. Beverly D. Parker and the Southwestern Railroad Company, defendants in error. Equity from Randolph. Brown, C. J. 1. An injunction will not be granted for fraud unless the bill sets’forth the specific acts of fraud upon which it is sought—a general allegation of fraud is insufficient. 2. An injunction will not be granted to restrain the sale, by defendant of his rail road stock, and the drawing of the divi dends by him ;on the ground that com plainant holds his covenant of warranty of title to a lot of land, the title of which is 'in dispute in an action of ejectment, when the bill shows that the railroad slock and other property of the defendant is of much greater value than the sum for which he may become liable on his warranty, and there is no charge that he is beyond the jurisdiction of the court., or that he is insol vent, and no other sufficient equitable ground is stated in the bill. 3. When the Chancellor, on the bill being presented to him, ordered that the defend ants show caifte, on a day mentioned, why an injunction should not be granted, and that, in the meantime, the defendants be en joined, till the further order of the court; and on the hearing, the Judge having re fused the injunction. Held : That the tem porary injunction expired of its own limi tation when the injunction was refused at the hearing, and that no vitality could be given to it pending the proceedings in this court, by boud given by complainant, which is claimed to operate as a supercedeas of the judgment refusing the igj unction. Judgment affirmed. W. A. Hawkins, for plaintiff in errt>r. West Harris, A. Hood, for defendant in error. Alexander & Howell, plaintiffs in error, vs.- Edmond Glenn, et. al., defendant in Ji. fa. and Sarah G.enn, claimant. Claim case from Early. Brown, C. J. 1. The owner of a plantation employed freedmen to cultivate it for part of the crop, and agreed to furnish provisions, but being unable to do so, applied to plaintiffs to fur nish them to prevent a failure of the crops, stating that any arrangement they might make with the freedmen to secure the same upon the growing crop would be satisfac tory to her: Held, that it was error in the court to refuse to permit plaintiffs to give these facts in evidence on the trial. 2. Where the evidence shows that it was the intention of the parties to create a lien on the growing crop, under the act of 1866, tor provisions furnished to make the crop; as the statute prescribes no form; the words “ sell, mortgage and convey,” are sufficient for that purpose. Judgment reversed. J. E. Brown, Fielder & Powell, T. F. Jones, for plaintiffs in error. A. -Hood, Richard Simms, for defendant in error. Nick Hightower plaintiff in error vs. Jesse ■Williams, defendant in error. Ejectment from Early. Brown, C. J. 1. A deed which has not been recorded can not be given in evidence as color of title without proof of rts execution. 2. When both jwtits derive their title from the same person, plaintiff in eject ment need not show title into such person. 3. In a proceeding to foreclose a mort-, gage on real estate, the Superior Court of the county where the land lies, has juris diction of the subject matter, aud a pur chaser at sheriffs sale, under a judgment of foreclosure, now claimed to have been without service, will be protected, when the rule absolute shows upon its face that a copy of the rule Nisi was served upon the mortgagor according to law. 4. When service of the rule was acknowl edged by a general agent of the mortgagor, who'now testifies that he was not specially authorized to acknowledge service of the rule; and it appears in evidence that the plaintiff in ejectment held the mortgaged premises under mortgagor, by deed younger than thu mortgage ; and that he was in court when the rule absolute of foreclosure *vas taken, and made no objec tion to the judgment of foreclosure, it is not void as to him; and he will not be per mitted to attack it collaterally tor want of service in action of ejectment against the purchaser, at sheriff’s- sale, of the mort gaged premises. Judgment reversed. Hood and Kiddo, for plaintiff in error. Fielder and Powell, for defendant in error. James J. Waring, plintiff in error, vs. The •Georgia Medical Society, defendant in error. Mandamus from Chatham. Brown, C. J. 1. When a voluntary society applies for a charter and is incorporated to promote its objects, the acceptance bf the charter subjects it to the supervision of the proper legal authorities having jurisdiction iu such cases. 2. The Georgia Medical Society Is a pri vate civil corporation, and the corporators have a property In the franchise of which I they cannot be deprived without due pro cess of law. 11, The ninth by-law of this corporation Is a legal and proper one, In view of the j ! ohleot'* of the society s but the society has j not an uui on'rolable dlJbreUou In Its eon-! i .traction ami enforcement. When a pro 'iraiapfrassißaw AUGUaTA, GA., WEDNESDAY MORNING, JUNE 30, 1869. ty, where this corporation is located has the visitoriai power over it, with authority to redress any wrongs which the corpora tion may inflict upon its members. 5. Where a corporator ‘has a clear legal right. vv hicli has been violated by the cor poration, and he has no other adequate legal remedy, he is entitled to relief bvmua damus. 6. The record iu this case shows that the society censured Dr. Waring for doing that which the law not only authorizes but en courages ; and the return to the mandamus ni. si. shows no sufficient cause for his ex pulsion. He is therefore entitled to a per emptory mandamus, commanding and com pelling the society to restore him to all his rights and privileges as a corporator. Judgment reversed. Hartridge and Chisolm for plaintiff in error. Thos. E. Loyd, Jackson, Lawton & Bass inger, for defendant in error. 8. H. Mims, plaintiff in error, vs. The State of Georgia, defendant in error. Vagrancy from Early. „ Brown, C. J. The evidence in this case was clearly in sufficient to support the verd'et; and the judgment is therefore reversed; and anew trial granted. J. K. Appling, A. Hood, for plaintiff in error. S. Wise Parker, Solicitor General, for the State. Richard W. White, plaintiff in error, from Chatham, vs. the State of Georgia, ex. rel., W. J. Clements, defendant. In said case the Court were unanimous in reversing the judment below, but agreed to do so upon-different grounds. The judgment of the full Bench, and of the majority, are given below. The rea sons why each of them held his particular views were stated at great length by each, but they are, of course, subject to any changes which the several judges mfty make in writing out their opinions, and we cannot give them now. McCay delivered the opinion (by the whole court): Where there was a quo war ranto and a demurrer, and also an answer denying a material fact, and a jury sum moned to try the issue, and no objection was made to the hearing of it at that time, and the demurrer was heard, as a distinct motion, and a distinct judgment was had thereon before the issue was presented to the jury: Held, 'that in the argument on the demurrer the defendant had the right' to open and conclude. 2. The statements of a register of voters, that he had marked a registered person’s name with a “ c,” to demonstrate that he was a colored person, and had posted his lists for some time in a public place, and that no application had been made to have the said letter “c” erased, is not evidence that the person is a colored person, (it not being shown that the person knows of the entry, and that it wap the subject of con versation.) 3. Although a copy of a paper, proven to be beyond the jurisdiction of the court, is good secondary evidence of its contents, yet it must be shown that the original was duly executed. 4. An application for a life insurance, though signed by the applicant, upon the back of which was an entry, by the examin ing physician, that the applicant was a mulatto, is no evidence of the fact, unless it be proven that the person signed the paper, after the entry on the back was made by the physician, and with the knowledge of the entry, and with intent to adopt it, or that he used the paper after the entry was made with a knowledge that such entry was there. 5. The statement by an examining phy sician that he had at a certain time ex amined a person, and had then been of opin ion.that the person was a mulatto is not evidence. If the physician is an expert, he must give his preseut opinion, and if not, he must state the facts on which he bases his opinion. 6. Whether or not a person is colored— that is, has African blood in his veins—is matter of opinion, and a witness may give his opinion, if he state the facts on which it is based. Whether the fact that one has oue-eighth of such blood, be matter of opih ioh. Quere? 7. One who testifies that he has studied Ethnology may give his opinion as an ex pert on a question of race. 8 Pedigree, relationship and race may be known by evidence of reputation, among those who know the person, where pedigree or race is in question. 9. By a majority of the Court—Warner dissenting. Where a quo warranto was is sued charging that a person holding an office was ineligible when chosen, because of his 'having in his veins one-eighth or more of African blood, and there was a de murrer to the information, as weil as an answer denying the fact, upon which denial there was an issue, and a trial before a jury. Held: That by the Code of Georgia, a per son having one-eighth .or more of African blood iD his veins is not ineligible to office in this Stafe; and it was error in the Court to overrule the decision, and to charge the jury that if the plaintiff proved the defend ant to have one-eighth or more of African blood, he was ineligible to office in this State. A. W. Stone, James Johnson, A. T. Aker man, for plaintiff in error. T. E. Lloyd, Julian Hartridge, tor defend ant in error. S. H. Hawkins, plaintiff in error, vs. E. B. Loyless, defendant in error? Motion to enforce attorney’s lien, from Webster. McCay, J. The Hen of an attorney for fees, on pa pers in his hands, and on the judgments he has obtained for his client, docs not operate so as to prevent a bona fide settlement by the defendant with the plaintiff In full, pro vided there was no notice to the defendant not to pay without reserving the fees; and provided, also, the settlement was not made with intent to defeat the attorney In col lecting his fees. J udgrnenLa (firmed. C. T. Goode, b. 11. Hawkins, for plaintiff in error. M. Blanford. W. A. Hawkins, for defend ant In error. Win. 11. Chappell, adm’r, plaintiff In error, w.'Wm H. Akin, defendant In error.— Equity, from Webster- Waiinkk, J. i When a bill was died against an execu tor bv a creditor, praying for an Injunction and the appointment of n receiver, alh g«g , that ths uxecutor wa* intotnnl, nnmarriefl, extravagant, engaged In no settled Imslness, 'and Intending soon toremove to Honduras, and was badly mauaging his own business, as well as that of his testatrix, that he said he would sell the property of his testatrix, realize the money, and leave without paying any of the debts of the estate. Held: That the court below erred in dismissing the complainant’s bill upon demurrer thereto for want of equity. J udgment reversed. J. L. Wimberly, S. H. Hawkins, for plain tiff in error. Blanford & Miller for defendant in error. Alexander & Howell, plaintiff in error, vs. \v ra. C. Smith, defendant In error. Warner, J. W.ien, upon .the trial of a cause, a mort-* gage deed, which had been recorded, was of fered in evidence, and was objected to on the ground that it did not appear to have been stamped, and the party offering the mort gage deed proved that the deed had been stamped according to law. Hsld : That the court should havo submitted the question of fact to the jury, under the evidence whether the deed had been stamped or not, as required by law, under the charge of the court upon that point. Held, also, that when the deed, showing a settlement between the parties, was offer ed in evidence, the court should have left the question to the jury as to whether the deed was delivered or not, under the evi dence contained in the record, and have charged the jury as to the law applicable to that point in the case. When there is evidence as to the delivery of a deed, it is a question of fact for the jury and not for the court to decide upon the fact, whether there has been a delivery of the deed. Held, further, that where an instrument is offered in evidence, required by law to be stamped, and, by the act of one of the parties, the stamps is prevented from being put on the deed, the party so preventing shall not be held objecting thereto; but, if the court shall be satisfied that there was no intention to defraud the Government of its revenue, the court may, in such a case, allow the proper stamps to be placed on the instrument at the time of the trial. Judgment reversed. J. C. Bower, Fielder & Powell, T. F. Jones, for plaintiffs in error. A. Hood, Richard Simms, for defendant in error. * Henry R. S. Long, plaintiff in error, vs. Edward McDonald, defendant in error.— Complaint from Early. Warner, J. 1. When a suit was instituted in the county of Early, against L and P., alleging that they were partners, L. residing in the county of Clark, and a short time before the session of the court In Early, at which the case was tried, P. died; the defend ant’s counsel moved to continue the case as to L., the alleged surviving partner, upon the ground that the partnership was denied, and that the survivor, L., had re lied upon the evidence of P., decedent, to disprove the alleged partnership; but, in consequence of the sudden and unex pected death of P., there* had not been time to procure the evidence of L., the other partner, who lived in the county of Clark, to disprove the alleged partnership: Held, that the court erred in overruling the motion for a continuance upon the showing made therefor as stated in the record. 2. When one of two contracting partners Is dead, the plaintiff can not be a witness against the surviving partner to prove a contract made with the deceased partner. 8. A plea denying the existence of a part nership is a plea In bar, and although sworn to, is not a dilatory plea, which is required to be filed at the first term of the court judgment reversed. J. C. Rutherford, J. E. Bower, L. J. Glenn, for plaintiff in error. W. D. Kiddoo, for defendant in error. [From the El Fa-no (IllJ Journal. Susan's Sister in the West. HORRIBLE ONSLAUGHT T»N A COUNTRY EDI ITOK —HE HAS A PROLONGED DEBATE ON THE WOMAN QUESTION—LOT S WIFE IN AN EDITOR’S CHAIR. I was sittin’ in my office, speculatin’ in my own mind, whfcther on the whole it wouldn’t be best for me to give myself away for the bcnpflt of my family, when there come a knock at the door. There, says I, is someone anxious to sub scribe for the El Passo Journal, so I utter ed, in a loud voice, “ Come in.” She was dressed in a pair of store boots and an iron gray set of spectacles, and she walked up to me with majesty in her meiu. I knew who it was the minate I set eyes on her. It was a woman. I gracefully arose and said: “llow are you, ma’am ; was you wlshin’ to subscribe to the El Passo Journal ?” at the same time dippin’ my pen in the ink and .openin’ my subscription book. This alwuz gits ’em. It looks like bizness. It didn’t git her. She fixed her glassy eyes on me and said : “ Young man, are yew an advocate for the holy caws of a woman’s rights ?” “ No, ma’am,” said I, “ I am a Presbyte rian.” ’ “Air you,” she said, “ prepared to embark with us ovef the sea of equal suffrage?” “Ma’am,” said I, “ I hain’t no objection to takin’ a quiet sail with you, provided the boat ain’t leaky and you’ll do all the rowin’.” A smile perused her features for a mo ment, and then she said,' “I am willing to suffer tor the caws.” “Yes,” said I, in a polite and softenin’ manner, “ it’ll only cost two dollars, and we’ll send It to any address for an entire year.” * “ Hev you a wife?” she asked. “I hev,” said I wonderin’, what She was cornin’ at. “So you see I couldn’t marry you es I wanted to ever so much.” I threw this in as a soother. “ Air you willin’ that she shonld share with you the burdens and trials of life?” “ I ain't noways pertiklcr,” said I, “an’ I'll let her shoulder the whole.of ’em if she has a hankerin’ that way.” “ Wood you consent that she should go to the poles ?’’ said she. “ She can go where she pleases," said I; “ she generally duz.” . Yew air a hole-soled man,” said she, an' throwln’ her arms around my neck, last I “Gy, out," said I, 11 what air you up to? I ain't one of tham men. Hton.’ Alter much labor, I succeeded In unloos e'lintl her hold and sit her down In a chair,! | Judged from her eonduct that aim needed j J “Yoo air an impulsive femail,” said I. I “ 1 oor natur is at once spontaneous and outbreaklu’. Y r ou need a pair of martin galls. Consider what would be your state el a man’s wife was to catch yoo a huggtn’ of him in this style.” *1 She wiped her face with her her dress. She had a dress.- I forgot to mention tills fact In sneaking of hep spectacles. “I. am a worker ia the caws of the Wo men’s Rights.” “ Yes,” said J, “ you air. You ought to be ashamed of yourself. I should judge you was one of them lobby women that the Chicago Triffune correspondent tells of.— But you cau’t come your neafrious arts over me. • I’m stealed against ’em.” “ I should be pleased,” she said, “ to go arm in arm with you to the poles.” “No you don’t,” said I, in alarm ; “ not es I have anything to say in the matter. I won’t go with you—not a single darned pole.” “Young man,” said she, “hast thou children.” “ I hev,” said I, “ seven of ’em. Can you show as good a reconi ?” • . “ Would you,” said she, “ have your girls grow up aud be married to base, sordid men, who would take away their political rites and allow ’em no franchise?” “ Darn the franchises,” says 1, in a rage; “ they are the things that women put on behind to give them the Grecclan bend. Es my daughters ever go to wealin’ ’em—” “ No, no.” said she, “ they are paniers,” “Well,” said 1, “paniers or franchises, or whatever you call ’em. I am opposed to ’em: They are onnatural and humpty. They degrade the human form Into like ness of a camel, and bring lovely woman down on all fours like a cat." “ Then," said she, “ come with me, and we will emancipate women from the slave ry of dress.” “ No,” said i, with severity, "I hev no wish to take the clothes away from any woman. Wlmmen without clothes would be a sad spectacle, particularly in winter, when the howling blasts prevail. Who are you, any way ?” I asked of my visitor. “lam a pilgrim,” she said; “ I belong to the Agitator, a noospaper devoted to the caws of femail suffrage In Chicago.” “ Well,”’ said I, calmly, “thewimmlnln Chicago need something of this sort.— Where them that air married never know on going to bed at night but what, on wak ing up In the mornin’, they may be divorced, and them that ain’t married spend their time In bettin’ how many times they cat be married and divorced within a month. The wimmin of Chicago need agitatin’ powerfully. Keep a stlrrln’ on ’em np, If you plfcase. The more ydu agitate, the better for ’em.” With these words I arose, and tell In’ her to sit still until my return, I stole softly down stglrs. I have not been back since. What wlll.be the effect ofleavlp’ a female agitator set tin’ in my seat the whole of this time I do not know, but If she waits till I go back, her patience will be of cast iron. . Horrors op the Tmaprzr—An Odt raoeous Performance in Philadelphia. —A scene of considerable excitement oc curred at the American Theatre, on Wal nut street, above Eighth, on Saturday eve ning, during the flying trapeze perform ance of two artists, announced on the bills as. Dilla and Zoe. One of their feats con sists In Lilia, a full grown young woman, swinging herself by means of two ropes suspended from the celling, from a platform erected In front of the gallery, entirely across the auditorium, untjl she touches with her feet a trapeze that hangs at con siderable altitude over the orchestra. Se curing herself on this trapeze with her feet, her body swings downwards, and she re mains in that position, while Zoe, a child of 11 years of age, mounts the platform in the gallery, aud, seizing the iron rings at tached to the ropes mentioned, throws her self off and darts towards Lilia, and when Dearing her, the child throws a sommer sault In mid air, and her only chance from being crushed to death by falling from the dizzy height among the audience in the parquette, is being caught by Lilia, who hangs with her head downwards from the trapeze. Certain death would be the result of the slightest mistake made by either of the per formers. On Saturday evening feat was successfully performed, It is taue, 14ft Lilia barely caught tlie child as she revolv ed in the uir. As the latter was descend ing, however, to the stage, the rpan whose duty It was to,catch her from tfle bands of Lilia, failed to do so, and the poor child fell to the platform placed over the orchestra, a distance of several feet, and struck her head and otherwise Injured herself. The child was picked up, wheu she im mediately placed hor hands to her head, and it was apparent that she was seriously hurt. Notwithstanding this, she was most Inhumanly ordered to remonnt the platform In the gallery and repeat the feat. The child obeyed, but such conduct on the part of those having charge of the exhibi tion was too much for the audience to stand, and there was a unanimous cry of “ No, no I” “ Shame, shame!” “ Take per back,takft her back!” &c. In the mean time the child mounted the platform, and then stood ready to repeat the feat, bnt the audience rose en mouse, to their great credit, and prevented the ropes from being handed to her. Unable to combat such a display of public Indignation and disapproval, the child was ordered to retire, which she did amid the most tumultuous applause. Now, whether she could have performed the feat again In her then condition, will be seen form the following: After she had retired, the stage manager advanced and stated that she desired to jjerform another feat, and that she was not injured, and the consent of the audience was asked. There was a general cry of “ No, no,” and considerable hissing ; but, taking advantage of a few cries of .“Go on,” from the boys in the gallery, the child again appeared, and mounting the platform, took hold of the rings and swung herself off for the purpose of catching the hanging trapeze with her feet and then making a summersault while descending Into an out stretched net. As" the audience felt would be the case, the child essayed the feat but failed to catch the trapeze, owing to her nervous state, which was natural, under the circumstances, but she was saved from Injury by her commendable presence of mind In not letting go of the ropes. Th<-' consequence was tlgtt she swung backward* aud forward* amid a scene of much excite incut, and was relieved Irom her perilous j ISmlllihi by the audience, who caught her and carried her to the slug*. ( Kmjutrtf, UKA. I V 01.28. NO. 26 . • News Items. The Richmond Examiner suggests Mr. Robert Lincoln for the throne of Spain. The sale of the Duke of Hamilton’s stud, nineteen horses, brought $35,000. Grau paid his French troupe $200,000 in gold for eight months’ services. Dulce had to borrow $15,000 to get away from Havana. The New York Express complains of the scarcity of good washerwomen In that city. Working for bare life—making clothes tor a young baby. A Virginia lady sustains life by copious ly annolntlng herself with sweet oIL and eating a cracker three times a year. Several German cities are forming clubs of tourists to visit the United States this year. A country editor says that his own and A. T. Stewart's Income for the year 1868, together, amounts to $3,019,218. The Swedenborglans are holding conven tion in New York. The treasurer’s report shows $50,000 Ih the treasury. Among the two hundred violin players at the Boston Peace Jubilee is the Rev. Charles Beecher, youuger brother of Henry Ward. A Missouri grasshopper attacked a little girl a few days since, and so nearly de stroyed her ear that a surgeon had to be called in. Professor John LoConte has been elected President pro tern, of the University of Cal ifornia. Lockwood, a naturalist, asserts that eels bear their young, like snakes, alive. Countess Walewski, pensioned by Napo leon because of her great poverty, has just bought a $90,000 house in Paris. Napoleon Is building a villa at Rome on the spot where the palace of the Caesars once stood. Victoria’s book has netted her twelve thousand five hundred dollars, and she has given it all away. t Sacramento papers give long accounts of the funeral of John C. Heenau, the “ Beni cia Boy.” Jimmy Robinson, the bare-back rider, re ceives a bigger salary than Grant, exclu sive of “ testimonials.” The Intelligence comes from lowa that Mrs. Bloomer has gone back on her princi ples by again donning petticoats. A Roman Catholic priest has been re ceived into the Lutheran Dutch Church, near Stillwater, Minnesota. A firm of English coach-makers adver tise that it has imported wheels from Amer ica, and is now prepared to build light car riages on oar models. The ability of the female tongue to keep a secret is proved by the conduct of a Bt. John’s girl, who did not tell her lover that she was worth tour millions in her owu right until after their marriage. An unhappy husband In New York, after being stabbed by his wife’s paramour, sat down and eat all the strawberries and cream on the table, set fire to the house, and then went to the police station ana preferred a complaint. A Yankee who has arrived in Ban Fran cisco, via the Pacific Railroad, writes home that the distance between that city and Boston Is equal to 211 games of euchre, 178 drinks and 117 cigars. The Crispin organization of shoemakers In the United States is said to be one of the roost formidable trades’ associations In the world. They recently offered SI,OOO to four men to quit working for a “boss” who would not recognize their demands. The Locomotive says that Major R. A. Hardaway, formerly of Columbus, has pur chased a house and hereafter will be a citi zen of Opelika. The Major is well known as the commander of a battalion of artillery In Lee’s army. * A girl keeper of a toll-gate In England was asked by a swell veloctpedlst, who thought to chuff her, how mnch he had to pay. “That, sir,” replied she, “depends upon whether you ride through the gate, or whether you get off your dandy horse and drag It through; because, in that case, every two-wheeled vehicle drawn by a horse or an ass i>ays three-pence.” A divine in Georgetown, D. C., in one of his sermons during the base ball season, used us a quotation the scriptural query, “ Where are the nine ?” T)n a repetition of the question, a demure looking young gen tleman, who had been nodding, suddenly roused up, and in an audible tone Innocent ly responded, “ They are playing a Wash ington club.” Where a large number of hogs are kept, the best place for them Is a large clover pasture. If not put In until the clover makes some growth, and then not enough to feed It down close, they will do well. In small enclosures, with plenty of good water, hogs may be kept cheaper on clover than in any other way. Lamartine wrote that “The cedars of Lebanon are grand and Impressive; they tower above the centuries.” Mme. Olympe Audouard visited them, and found them dwarfed and ugly. “ Shall I carve your name under M. Lamartine’s, Madame?”, said her guide. She asked if he had been with the poet when he carved his name. “ Not at all,” was the remarkable reply, “ lor he never came here; bat, like a wise gentleman, remained In Beyrout, and sent me herd to cut his name.” It Is now an excellent time to Inrnlsh a permanent form to the heads of yonng trees, whether in the nursery row or in young orchards. If done in season, the work may be mainly effected by rubbing off unnecessary young shoots at their first starting, or at most, by cutting them out with a knife, so as te leave them equally distributed and without crossing. Thin out unnecessary shoots on young dwarf pears, and pinch off long shoots that are taking an undue leajjl of the rest. We are to treat our orchards according to the nature ol the soil. It would be the extreme of. folly to run your grass aud clover roots In among the roots of the trees lying near the surface, where an In hospitable hard subsoil will direct them. ' Hay should always*bc cut with all Iki juices Intact and before the seed Is ripe- To do this effectually', sweating In cock Is ! u tter than too much exposure to the hot I sun; and if the weather Is showery, cloth eaps tor the cocks will sometimes pay tot themselves the first season, In the rjusllty