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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (Aug. 25, 1869)
K tUeeklg Constitutionalist. BY STOCKTON £ CO, OCR TERMS. The following are the rates of Subscription: Diilt, one year »io 00 V seklt, one year |g qq The Late Wedding in High Lite. The Louisville Cour.e ••Journal reproduces the following: poetical description of an eclipse, said to have been written by H. S. Eilenwood, and first published in the Raleigh (N. C .) Reg liter over thirty years ago : Hid yon know that a wedding has happened on high, And who were the parties invited ? ’Twas the Sun and the Moon, in the halls of the sky They were joined, and our continent witnessed the tie; No continent else was invited. Their courtship was tedious, for seldom they met Tete-a-tete , while long centuries glided, Bnt the warmth of his love she could hardly forget, For though distant afar he would smile on her yet, Save when Earth the fond couple divided. SBnt why was the courtship so prolix, and why ' Was postponed so long their connection V That the bridegroom was anxious’twere vain 3? to deny, v . Since the heat ofMal passion pervaded the sky, f But the bride was renowned lor reflection. Besides, ’tis reported their friends were all vexed, The match wa6 deemed, somehow, unequal; lAnd when bid to the wedding each made some pretext To decline, till the lovers, worn out and per plexed, Were compelled to elope in the sequel. Mars and Jupiter never such business could bear. So they haughtily kept themselves from it; Herecbel dwelt at such distance he could not be there; Saturn sent with reluctance his ring to the lair, By the bands of trustworthy comet. Only one dim, pale, planet, of planets the least, Condescended these nutials to honor; And that seemed like skulking away to the East; Some assert it was Mercury, acting as priest; Some Venus, a peeping—shame on her. Earth in silence rejoiced as the bridegroom and bride In thair nuptial embrace would linger, Whilst careering through regions of light at side J3he displayed the bright ring, not “ a world too wide,” For a conjugal pledge, on her finger. Henceforth shall these orbs, to all husbands and wives, Shine as patterns of duty respected ; All her splendor and glory from him she de rives, And she shows to the world that the kindness he gives, Is faithfully prized and reflected. Tb* Fire by the Sea. BY ALICE CARY. There were seven fishers with nets in their bands, And they walked and talked by the sea-side sands ; Yet sweet as the sweet dew-fall The words they spake, though they spake so low, And we know them, one and all— Aye! know them and love them all. sad men in the days of old, And one was gentle and one was bold, And they walked with downward eyes; The bold was Peter, the gentle was John, And they all were sad, for the Lord was gone, And they knew not if he would rise— Knew not it the dead would rise, The live-long night, still the moon went out In the drowning waters they beat about: Beat slow through the fogs their way; And the sails dropped down with ringing wet, And no man drew but an empty net, And now ’twas the break of the day— The great glad break of the day. “ Cast your nets on the other side”— (’Twas Jesus speaking across the tide)— And they cast, and were dragging hard; But that disciple whom Jesus loved Cried straightway out, for his heart was moved ; «• It is our risen Lord— Our Master, and our Lord !” Then Simon, girding his fisher’s coat, Went over the nets and out of the boat— Aye! firet of them all was he ; Repenting sore the denial past, He feared no longer his heart to cast Like an anchor into the sea — Down deep in the hungry sea. And the others, through the mists so dim, In a little ship dime after bim, Dragging their net through the tide ; And when they had gotten close to the land They saw a fire of coals in the sand, And, with arms of love so wide, Jesus, the crucified! ’Tis long, and long, and long ago Since the rosy lights began to flow. O’er the bills of Galilee; And with eager eyes and lifted hands The seven fishers saw on the 6ands The fire of coals by the sea — On the wet, wild sands by the sea. ’Tis long ago, yet faith in our souis Is kindled just by that fire of coals _ That streamed oer the mists of the , Where Peter ; girding bis fisher’s coat, Went over the net and out of the boat, To answer, “ Lov’st thou me . Thrice over, “ Lov’st thou me ? Idalyn. BY EMMA ALICE BROWNE. Forever, as the low winds cry, And the sad sunsets bloom and fade, And shape of beauty wanders by- Tbe phantom of a sonl betrayed! She weeps —not that tbe votive throng, Like pale idolaters, shall pour Libations of divinest song Upon her rained shrine no more. For in the dark world of her dreams, O’erswept by homeless wind and wav. Athwart the awfol shadow gleams The phantasm of a nameless grave: Dead ! in tbe glory of bis years' She walks tbe desolate place of tombs Girl by tbe unresting sea of tears, Or Winter raves, or Summer blooms. For ber tbe blossom never wakes, Nor morning lift* her aunbrfght wing; Only a cold white splendor breaks, And Winter fades in drearier Hprlng. «Ul ah, the hides her guilty face And w ept amid her fallen pride, When twilight wraps with tendergrsee The lost grave of the sui'-lde Decisions of the Supreme Court of Georgia. Delivered at Atlanta, Tuesday, August 3. REPORTED EXPRESSLY FOR THE CONSTITU TION, BY N. J. HAMMOND, SUPREME COURT REPORTER. H. & T. M. White, plaintiffs In error, rs. New Manufacturing Company, defend ants in error. Motion to dismiss bill of exceptions, from Newton county. Brown, C. J. 1. Where a motion for anew trial was made in the court below, which was grant ed, and that decision is brought by writ of error to this court, a brief of the oral, and a copy of the written evidence adduced in the court below, must be embodied in the bill of exceptions, or attached thereto as an exhibit, when presented to the Judge for hfs certificate, and identified by his signa ture on the same as a true copy, and consti tute a part of the same, or the writ of error will be dismissed. 2. In a motion for anew trial, a brief of the evidence agreed upon by the parties, and approved by the court without such agreement, in case they fail to agree, must be filed in the clerk’s office. But such brief of evidence constitutes no part of the record, and need not be recorded by the clerk, and as it is embodied in the bill of exceptions, should not be embraced In the copy of the record sent up to this court. 3. The record in a case in the Superior Court consists of the declaration, process, plea, return of service by the sheriff and other official entries, verdict judgment, and all interlocutory orders passed by the court during the pendency of the case; and in case of amotion fora new trial, the order nisi, together with any order passed by the court, setting it down for a hearing in vacation, or adjourning the hearing from time to time, and in case anew trial is granted, all subsequent orders passed by the court, Including the final judgment. Writ of error dismissed. Clarke & Pace, Peeples & Stewart, for plaintiffs in error. Jno.J. Floyd, Hammond, & Mynatt, for defendants in error. Richard T. Walton, plaintiff in error, vs. John L. Anderson, defendant in error. Equity, from Wilkes. Brown, C. J. 1. When the question was raised whether a bona fide purchaser of eighteen bales of cotton, from a defendant in fi. Ja. in 1861, could hold it discharged from the lien of the judgment after two years’ possession, and the evidence was in conflict, the weight of it being in favor of the bona sides of the transaction ; and the coart charged the jury 'that two years possession of the cotton bona fids, and for valuable conside service of the from the lien of the judgment; -md the jury found for the defendant, who was the purchaser. Held : That the charge of the court, and the finding of the jury were right, under the rule laid down by this court, at this term, In the case of Chapman vs. Akin. And anew trial will not be granted, because the court may have charged too favorably to the defendant, upon another ground taken in the case, which could not change the verdict If the defendant was a bona fide purchaser of the cotton for a reliable consideration, which question was distinctly submitted to the jury by the charge as given by the court, and found for the defendant. Judgment affirmed. Toombs & Dußose for plaintiff in error. Judge Wm. Reese for defendant in error. W. T. Martin, plaintiff in error, vs. John Eberhart, administrator, etc., defendant in error. Ejectment from Oglethorpe. Brown, C. J. Where the testator directed that all his property be kept together during the wid owhood of his wife, to be used for the sup port and maintenance of his wife, and the education of their minor children, and that his exeentors give off to each of his minor sons, as they might come of age, and to his daughters as they might come of age, or marry, about thirty-one or two hundred dollars in money, or property, as' may be most convenient to the estate, and most suitable to the party receiving property ; and in order to enable his executors the more conveniently to carry out the forego ing objects, he thereby gave them power to sell any of his property, and to buy, or to exchange, for other property, taking care to give a full statement and history of all such sales, purchases and exchanges to the Court of Ordinary. Held: That it was the intention of the testator to give the execu tor power to sell at private sale, and that such sale by him, if fairly and honestly made, conveyed a good title to. the pur chaser. Judgment reversed. Toombs, Matthews and Reid for plaintiff in error. A. T. Akerman for defendant in error. Jas. H. Jones, plaintiff in error, vs. Lellyett & Smith, defendants in error. Claim, from Catoosa. Warner, J. This was a claim case. It appears from the record that the plaintiffs obtained a judgment against Wooten, the defendant, who was the owner of a lot of land in con ! troversy at the time of the rendition of the 1 judgment; that Wooten had been adjudged a bankrupt; that several years before Wooten became a bankrupt, he sold the land to Jones, the claimant, who went into possession of it; that the judgment was a valid lien on the land at the time w ooten became a bankrupt; that this property was not included in Wooten’s schedule; that this debt was not proved in the Bankrupt Court and that Wooten’s estate paid no dividend. Held: That,upon the foregoing : statement of facts, that the lien of the judgment creditor upon the land, under the ; ’ laws of this State, was not defeated by the bankruptcy of Wooten, and that Jones, tbe claimant, could not plead Wooten scer tifice of discharge In bankruptcy against tbe judgment creditor, and, thereby, defeat his judgment lien upon the lien upon the land, which was a good and valid lien therein; that by the 20th section of the Bankrupt Act, the judgment creditor hav ing a valid ben upon the land, was not bound to prove his debt secured by the 111 n <0 the extent of the value thereof In the Bankrupt Court. Judgment affirmed. Huge and Hprsyberry for plaintiff In i* f jMfOO and Payne for defendant In error. AUGUbTA, GA., WEDNESDAY MORNING, AUGUST 25, 1869. | O. Rockwell, plaintiff in error, vs. D. G. Proctor, defendant in error. Certiorari, from Monroe. Where a suit was instituted in a Justice’s Court by the piaintiff against the defend ant as an inn-keeper, to recover the value of a lost overcoat, worth thirty dollars, which had been received by a negro then in charge of the hotel, and officiating there in as the servant of the inn-keeper during his absence, and deposited in the usual p'.ace of depositing the goods of the inn keeper’s guests upon their arrival at the hotel. Held: That the Justice’s Court had jurisdiction of the subject matter of the suit, and that the defendant was liable as au inn-keeper to the piaintiff for the value ! of the lost overcoat, under the state of facts ! disclosed by the record in this case. Judgment reversed. J. 8. Pinckard, for defendant in error. A. D. Hammond, for defendant in error. George R. Sims, et. al, vs. Martha Sims, et. al. Bill, etc., from Oglethorpe McCay, J. 1. An heir at law, before he can claim any part of an estate as distributed, must account for advancements at their value, at the time of the advancement. 2. In the distribution of an intestate’s es tate, a memorandum, kept by a parent, of his advancement to bis children, indicating a scheme of distribution of specific articles in kind, is Only evidence of the fact of the advancements, etc., prima facie of their value ; and its indications of the intestate’s scheme for the distribution of his estate will be unheeded, unless the paper be prov en as a will. 8. The value of an estate, at the time of the first distribution is the proper criterion for arriving at the rights of the heirs at law with respect to advancements. Judgment affirmed. B. H. Hill, by the Reporter, for plaintiffs in error. Matthews & Reid, Toombs & Dußose, for defendants in error. Miles G. Robbins vs. C. N. Dupree. Ille gality, from Spaulding. McCay, J. 1. The verdict in this case Is not so con trary to the evidence as to shock the moral sense, or show manifest corruption, preju dice, or mistake in the jury, nor does it vio late any ruie of the law. 2. In this State, though an attorney who appears in a cause, and confesses judgment for a suitor, is primajucie to be held as re tained by the suitor, yet, if the fact be otherwise, the court will, on proof to that effect, set aside the proceedings. Judgment affirmed. Brown, C. J., concurring. 1. Where an attorney at law acknowl edges service of tne writ, and at the trial term confesses judgment for the defendant, the presumption of law is, that he had is on 1 yp’rimd'faeSh) ahfl t int?y’f)e T ¥BtfHlWlt , oy proof. 2. In a proceeding to set aside a judg ment, on the ground that the defendant was never sued, when It appears that an attorney of the court acknowledged ser vice and confessed judgment for him, the burden of proof is upon the defendant, who moves to vacate the judgment; and he must make satisfactory proof that the attorney had no authority to represent him, or the judgement will not be disturbed. But if the evidence is conflicting, and the special jury have found for the movent, and the presiding Judge has refused to set aside the verdict which was afterwards set aside by this court; and there has been a new trial before another jury and another Judge, and the movent has strengthened his evidence on the second trial, and the verdict is again in his favor, and the pre siding Judge on the second trial, refuses to disturb it, and the evidence is so con flicting as to raise grave doubts which way the finding should have been, and no rule of law has been violated, this court will not farther interfere. It is the proper province of the jury to decide questions of fact, and when the evidence is conflict ing, and there is sufficient evidence to sus tain the finding, this court will be slow to disturb it. Warner, J., dissenting. When it appeared from the record that a judgment had been entered against a de fendant upon an acknowledgement of ser vice on the writ, and confession of judgment by an attorney at law ; that the defendant resided in the county, within one mile and a half from the court house where the judg ment was rendered, and no motion having been made to set the judgment aside until the expiration of five years after it was rendered, and the attorney who made ac knowledgement of service and confessed the judgment, swears that he should not have done so without authority, and no just defense to the original contract being al leged as a reason for setting the judgment aside. Held: That, under the 448th sec tion of the Code, the acts of the attorney acknowled Ing service and confessing judg ment wereprima facie correct, and binding upon the defendant as to his authority to do so independently of his testimony upon that point; and that it is against the policy of the law, as well as against public policy, to allow the defendant to come into court and set aside the judgment upon his am evidence that he had not been legally served in the original suit upon the state of facts presented by the record, as was held by this court between the same parties in this case, in 36th Ga., Rep., 108. Speer & Beck, Boynton & Dismuke, for plaintiff in error. Peeples & Stewart for defendannt in er ror. Delivered at Atlanta, Tuesday, August 10. Leopold Sternheimer, plaintiff in error, vs. Isaac Coleman, defendant in error. Ac tion on account, from Muscogee. Brown, C. J. 1. It is the right of the court in the ex ercise of a sound discretion, during the trial of a cause to propound to counsel on either side any question he may think proper or pertinent to the case. 2. When a party has given tip the man agement of his case to his counsel, and Is on the stand testifying as a witness, and a question Is propounded by the opposing counsel to which his own counsel objects as Illegal, but he expresses tils willingness to answer, It Is not error In the court, If the ' question propounded lie Illegal, to sustain the objection and refuse to allow the mii ! swerto be given In evidence to the Jury. il. Where one of the Items in plaintiffs account is for money paid by plaintiff to a ; railroad company for the use of defendant, j and plaintiff tenders a receipt from the agent ; of the covppany, signed as agent, showing j the payment, which Is-objected to, because j>t is not in proof that the person signing j the receipt is in fact agent, or that it is in his handwriting, and the court overrules the objection, an I allows the receipt to be read in evidence, and the defendant in his testi mony afterwards admits that plaintiff did pay for him to the railroad compauy the precise smount mentioned In the receipt, the admission of the receipt in evidence is no ground for anew trial. I 4. When two items in the account are | for money paid by plaintiff for the use of | defendant at his request, and plaintiff of i fers in evidence the receipts of the persons !to whom the money was paid, which are ruled out because they are not stamped, and the defendant admits in his testimony that plaintiff paid for him to each of said persons the amount specified In the re ceipt, but swears that he paid back to plaintiff die money which he paid to one of them; wklch the plaintiff in his testimony denies, and the receipts are permitted by the Judge to be carried by the jary to their room, with the other papers in the case, to which defendant’scouusel afterwards states in his place, he objected; and one of the jurors afterwards swears that- he heard de fendant’s counsel say something about the p ipers going .to the jury, but cannot state what he said, and does not state that the jury either read or considered the receipts, and neither the Judge nor opposing coun sel have any recollection that such objec tion was made. He'd: That the fact that the jury carried out the receipts under these circumstances is no sufficient cause for a new trial. Judgment affirmed. Moses & Gerrard for plaintiff in error. H. L. Benning for defendant in error. Martha Webb and Wesley Webb, plaintiffs in error vs. Lafayette Harp, defendant In error. Motion to dissolve injunction, from Chattahoochee. Brown, C. J. Where a plaintiff in fi. fa. had a lot of cotton, mules, etc., levied upon, and pend ing the levy it was agreed between him and the defendant that he should release the property from the levy, and return it to the defendant., and should enter the execution fully satisfied, In consideration that defend ant.would convey to him a tract of land, with certain personal property, in payment of the fi. fa. ; and in compliance with said agieeinent plaintiff released and restored the property levied upon, which was suffi cient to have satisfied the fi. fa., to the de fendant, anil the defendant delivered to the plaintiff possession of the land and personal property, and turned over to him the title papers, and was to take him a deed as soon as they could get it drawn, and defendant died soon after, without making the deed ; and his .widow, who was admitted to bo tTHTfirenrilses' vaddrti,cul»iC f t AtefloHSWP.., f il\dlnf ! Ing the land for her husband’s estate, and commenced proceedings In the Superior Court to have her dower allowed out of the same, there being no legal representative of her husbands estate; and plaintiff filed his hill alleging these facts, and praying that she be restrained from trespassing upon the land, and also from prosecuting her action for dower until a legal representative of the estate is appointed. Held: That it was not error in the Judge, who granted the injunc tion, to overrule a motion to dissolve it, and to hold it up, until the serving of the bill, placing his decision upon the ground of restraining the trespass above. Judgment reversed. BhiDchard & Minor, by Mr. Russell, for plaintiff in error. E. G. Raiford &D. H. Burts for defend ant In error. Andrew Jordan, plaintiff in error, vs. the State of Georgia, defendant in error. Burglary, from Muscogee. Brown, C. J. 1. The penalty for the crime of burglary was changed by the Legislature between the commission of the crime by the defend ant in the case and the time of his trial. Held: Under section 4570 of the Revised Code, that the defendant was properly prosecuted and punished under the laws of force at the time the crime was committed. 2. The evidence in this case was suffi cient to sustain the verdict of the jury. Judgment affirmed. Ramsey & Ramsey, Williams & Thorn ton, for defendant in error. Carey J. Thornton, Solicitor General for the State. Joseph Douglas, plaintiff in error, vs. M. 8. Thompson, defendant in error. Equity, from Bibb. Brown C. J. When the equity of the bill is fully sworn off by the answer and the bill Is retained for a hearing, and no irreparable mischief can result; this Court will not control the discretion of the Court below, In dissolving the injunction. Judgment affirmed. Washington Poe, for plaintiff in error. O. A. Lochrane, by Judge Clarke, for de fendant in error. Henry C. Pope, plaintiff in error, vs. W. U. Garrard. Complaint, from Muscogee. Brown, C. J. 1. By section 2267 of the revised Code It is declared: “ The destruction of a tene ment by fire, or the loss of possession by any casualty, not caused by the landlord, or from defect of his title, shall not abate the rent contracted to be paid.” Held: Under this section of the Code and under the former rulings of this court, if the prem ises rented are destroyed by fire during the term the tenant, under an ordinary rent contract, is liable for payment of rent for the full period for which he rented. 2. Where a room in a building was rent ted for a drug store, for one year, and three notes were given at six, nine and twelve months for the rent, and the building was burned down a little before the end of six months, the tenant is liable for the pay ment of the two last notes as well as the first. 8. The counters and drawers in a drug store, placed there by the landlord, and rented in their, place with the store, are fixtures, which tenant has no right to re move, and If the bulling Is burnt, and they are saved by the tenant, they are the prop erty of the landlord, and he lias the legal right to dispose ol them as he thinks proper. The tenant has fto right to remove them to another store rented from a third isirson. 1 4 The fact that the landlord has the builulug insured does not change the rights or liability of the tenant. Judgment affirmed. McCay, J., dissenting. James M. Russell for plaintiff in error. Moses St Garrard for defendant in error. E. Whelchel vs. O. B. Thompson. Parti tion, from Hall. McCay, J. 1. The pendency of a former suit for the same CHiise of action, is a uroper matter to be pleaded In abatement, and if the parties go to trial on the merits, the defendant can not set this up iu law. 2. If, in an application for a partition of lands, the defense be that there has beeu a partition, by commissioners who made no return, but that the parties had acquiesced, and had subsequently, under said partition, each occupied for several years his portion as set off, to the exclusion of the others, and made valuable improvements, so that It would be a fraud upon either to repudi ate the division, it is error In the court to charge the jury that this adverse and inde pendent possession by each of his part must, In order to constitute a defense to ail application for anew partition, have con tinued seven years. Judgment reversed. W. Boyd and C. R. Simmons, by George Hillyer, for plaintiff In error. E. M. Johnson for defendant in error. Note. — Brown, C. J., did uot preside in this case. Rivers Reese vs. D. H. Burts, administra tor, etc. Illegality, from Chattahoochee. McCay, J. 1. A temporary administrator mav file ail “ illegality ” to an executive proceeding to sell the Intestate’s lands, and the perma nent administrator will, on motion, be al lowed to become a party to the proceeding. 2. An execution to enforce a judgment must follow the judgment, and If there be a material variance, the execution will be quashed. 8. When a decree directs that certain described lands shall be sold to satisfy a Hen for the purchase money, with a proviso t hat this shall not Interfere with the wid ow’s dower, and that the parcels set off to her shall be “ free from the force of the lien." Held: That a fair construction of the Judgment is, that the lien is to be en forced against all the lands described, but not to proceed against the dower lands un til the death of tlie widow. 4. Held further, That on proof of the death, the court will direct execution to issue against all the lands, but that It Is il legal for the clerk, without an order of the court, to issue an execution directing the sale of the whole, without qualification, even if the fact be that the widow is dead. 5. The vendor’s lien- for the purchase money, when it exists, stands under the Code on the snrae footing as a mortgage, in Judgment affirmed. E. G. Raiford for plaintiff in error. D. H. Burts for defendant In error. John 11. Lovelace, vs. Chas. 11. Smith, el. al. Debt from Harris. Warner, J. When a suit was instituted on a guard ian’s bond against the principal and surety, to recover the amount of a judgment al leged to have been rendered against the guardians, and when the judgment was of fered In evidence, It appeared eo have been rendered against the defendant therein in his individual capacity, and not as guard ian—the plaintiff then moved the court to amend the judgment upon the ground that it was rendered by a note signed by the de fendant in his Individual capacity, but in the body thereof promised to pay the plain tiff the amount specified In the note “as guardian ” without stating for whom he was guardian—the court refused the motion to amend the judgment, und non suited the plaintiff’s case upon the evidence offered to charge the guardian and his sure ty in a suit upon his guardian’s bonds, for the amount of thejudgment claimed by the plaintiff. Held: That the guardian could not by any contract bind the estate of Ills ward so as to render his surety liable there fore, other than such as are specially al lowed by law as provided by the Code, and that there was no error in the refusal of the court to allow the judgment to be amended, and In granting the nonsuit, upon the statement of facts contained in the re cord ; see sections 1828-1821 of the Code. Judgment afflrra' > and. L. L. Standford, for plaintiff In error. Jas. M. Mobley, by L. E. Bleckley, for defendant In error. John C. F. McCook vs. Paulina Cousins. Motion for new trial, from Chattahoo chee. Warner, J. When C, and E, a freedman, entered Into an agreement to rent land and make a crop for that year, and In pursuance of such agreement, E, the freedman, rented land from M and cultivated the same, and made a crop thereon ; and from the evidence in the record, the jury had a right to presume that M had knowledge of the agreement between C and E as to the manner in which they were working and making a crop to gether. Held: That M could not retain out of the proceeds of the crop C’s share there of lor provisions furnished to E, without the consent of C, the more especially when It appears that M had made a special con tract with E, the freedman, to furnish him with provisions for that year, and had taken other security therefor. Held: Also, that, in view of the facts of this case, as presented by the record, tfie court below did not err In refusing to charge the jury as requested, nor in the charge as given to the jury on the trial of the case. Judgment affirmed. D. 11. Burts for plaintiff in error. E. G. Raiford for defendant in error. B. Hawkins vs. Thnrston & Andrews. Tres pass, from Muscogee. Warner, J. When the court below granted anew trial in a case, upon the ground that two or the | jurors who tried the same were members ! of the grand Jury arid had found a true bill | against the defendant, which fact was not known to defendant until after the trial. Ihhl: That this court will not control the discretion of the court below In granting a new trial upon the statement ol faets con tained In t.iiH record. Judgment affirmed lUinsey A Ramsey, P. Brannon, for plain tiffin error. Ingram A Crawford, (by the reporter,) for 1 defendant In error. VOL. 28. NO. 34 [Trom the Nnsliv lie (Term.) Times, July 27. A Lover Killed by a Needle in the Hands of His Mistress. ATTEMPTED SUICIDE OK THE YOUNG I.ADV. A young gentleman named Joseph White; a very respectable, industrious, quiet, good looking fellow, of about eighteen years of age, and a resident of Germantown, went to South Nashville Saturday night to visit his lady-love, a Miss Barnes. He had been fre quently to visit her before at various times. They were engaged to be married. He found her in the parlor sewing, as a proper yound girl should be. She was anxious to finish the article, and therefore concluded not to throw it aside when he entered, par ticularly as he complimented her on her pretty appearance, with her beautiful face bending over her work, and her slender fingers flying, as she plied the stitches with as much grace and rapidity as other girls display when skimming over the keys of a nasty piano. He took his seat beside her. They chat ted very gaily. After waiting a lew min utes,- which to him seemed hours, he be came impatient, and longed to imprint a kiss upon her lips. With the viewofear rylng out this design, he let his arm circle her waist furtively, snd as he was drawing her close to himself, she objected to being disturbed until her little work was finish ed ; but he insisted. She made a motion to shove Idm off, ns girls are said to, gen erally. This motion proved fatal to her happiness and to his life. He became im petuous, and drawing her to him with much violence, the needle, which was caught in her thimble, got between them, the point toward his heart—lt entered ; and as he was about to Imprint a kiss of love upon her Ups, his. own became ashy pale. His vigorous grasp relaxed. He sickened and fell back upon the sofa quite helpless. The young lady was much alarmed, and ran for assistance. The family all riin Into the room and proceeded to open Ills shirt collar, thinking he was In a fainting fit, and that theusual restoratives would suffice. In undoing his vest It was found that the needle had entered his side very deeply—a circumstance which the young lady had never noticed In her fright. The doctor was sent for. He administered what reme dies lie could. Partial consciousness was restored, and the young fellow enabled to walk. The scene between him and his (first) last love was extremely affecting. She wept like oue who feels that all happi ness on earth Is lost. He consoled her by saying that she would get another lover soon to fill his place, who would be more worthy of her than he could hope to be, and who would make her happy. This but Increased her sorrow. She laid down on the floor beside him, and cried aloud. When he was becoming worse, and the trrnw the nninlon that he coold not running Into another room, swallowed a heavy dose of laudanum, which was kept there for the use of a young member of the family that was sick. It was some time before she was discovered, and It was with the utmost difficulty she was brought back to consciousness. The first word she uttered was, “O, where Is he ? Let me go to bim. I will be with him.” At the same Instant the young gentleman was resigning his spirit into the hands of bis Makerln the adjoining room. He died about ten o’clock. She is still in a precarious condition, and evinces symptoms of insanity. Boston Siioe and Leather Market.- In the boot and shoe market there has been a brisk movement during the past week,. and the shipments of goods have been nn pveccdently large, amounting to some fifty thousand cases, which is fully two thousand In excess of the corresponding week last year. These heavy shipments are due to the decline In through freight charges to the South and West, which has Induced manufacturers to hurry up their work and dispatch orders placed with them early In the season. The Western Jobbing trade, which has been holding back for some time past, Is now lalrly represented In this mar ket, and buyers ace operating quite freely and apparently with more confidence. The stock of heavy goods, at the opening of the season, was very large, but It has been con siderably reduced of late, and the prospect now Is that all the work made up will be wanted. But manufacturers are disposed to be cautious and wait for orders. The jobbing trade has not yet started up to any cxtenl, and small dealers from the Interior are late in the market. The leather market Is dull, and, with considerable accumula tion of stocks, prices of nearly all grades of rough upper are lower. Sole leather Is quiet and steady. Shoe manufacturers are sending off large quantities of goods, but rather slacking up on the production. [Boston Commercial Bulletin, Aug. 7. A Steamboat on a New Pi.an. —A me chanic in Memphis has produced a plan for a low pressore steamboat, which he claims will have double the speed of any one now In use, while It will cost little more than boats on the old plan. It can also be run at half the expense for labor and fuel. It is divided into compartments, water and air tight, and cannot be snagged so as to sink. Fire in the hold can be confined to a single compartment, and will be readily ex tinguished by steam, for which suitable ap paratus Is provided. It Is said that grindstones are obtained at only two places In the United States— Berea, near Cleveland, Ohio, and Huron county, Michigan.— Exchange. They nre found all over the South, In the loyal league quarries. The freedman turns the handle while the obsequious white brother grinds Ids axe sharply. These grindstones will burst one of these days, and somebody’s nigger will be hurt wlddat foolishness.— Galveston Dispatch. It Is announced that the wives of repre sentatives to the Grand Lodge of the United States of the Independent Order of Odd ! Fellows, which meets In September next, at. San Francisco, will be passed over the Union Pacific lUllroad at one and one i fifth of the regular charge, with a free re turn passage, and at half fare either way on the Central Pacific. The Second Avenue Hallway Company, New York, on Thursday, paid the widow of John Buglen, who was killed by one of their ears ilia day previous, on con dition that she would not Institute a suit for damages.
