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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (Sept. 1, 1869)
f-j Ml '9 i-uc : ' ‘ ? - • RIBVPJI ..’ • ~—' . ■ " *- ■■. '■ • - *■ =ggggßßaßHg^HßH| ®l K wcchlti Constitutionalist BY STOCKTON fc CO. OUR. TERMS. The following are the rates of Subscription: Dailt, one year $lO 00 Wbklt, one year fa 00 Flowers in a Skeleton. Unburied, many a night and day. On Inkerman’s wild plains, Exposed to sun and moon, there lay A soldier’s gaunt remains. So long the'man had mouldered there, The wisest coqld hot say What uniform he once did wear, tfeWbat chieftain did obey; Ilf he were one of Russia's men, . Or served in Gaul’s array; Or charged with British.soldiers, when He perished ip the fray. The fleßh had crumbled from each limb, The muscle from eafrh bone; And there remained the frame-work grim, A skeleton alone. All round where late the foemen trod, Grew Spring’s bright, peaceful flowers; The brighter, haply, that the sod Was rich with sanguine showers; And through the jawbone’s narrow room— A sad and startling light! A knot of violet! in full bloom. Had forced itse’f to light.* The grace of vernal flowers was lent To the sere bones of death, And with corruption’s taint was blent The violet’s perfumed breath! Os countless ills that spring from war’s Demoralizing trade, On one result let fancy pause, Too sadly here displayed; ’Tis not that this poor mouldering form, This flesbless skull and face, Were once with life’s strong Raises warm. And clothed with manly groco; Were full of hope, and fire, and might, Could reason, act, and feel, Till, death-struck by the sndden blight Os withering shot and steel; But that a soldier, feltew-man, Struck down in war’s dread game, Should get no burial from hie clem, No grave from foeman claim ; But thus be left to rot away, Neglected and forgot, As he had been a beast of prey, To death by hunters shot! Oh, War! sad War ! how hast thou crossed The onward path of man, Since Eden’s peaceful bowers were lost, And homoclde began ! % Oh, for the time when thy fierce cry No longer earth shall shock. And all thy tools shall, frosting, lie In arsenal and dodk. Yea, come the time—blest Concord’s reign— When »en, growing wise nnd good, Shall ford), CO-llnked by love’s bright chain, One world-wide hrotherhood! *A fact in the Crimean war, which suggested these lines The Baby’s Drawer. There’s a little drawer jn nrjr'chatnber Guarded with tendere6l care, Where the dainty clothes are lying, That my darling shall never wear. - And there, while the hours are waning, Till the house Is all at rest, I sit and lancy a baby Close to my aching breast. My darliog’s pretty, white garments! I wrought them, sitting apart, While his mystic life was throbbing Under my throbbing heart. And often my happy dreaming Breaks in a little song,. Like the murmur of Wrds'at brooding, When the days are warm and long. I finished the dainty wardrobe, And the drawer was almost foil With robes of the finest mnsHn, And robes of the whitest wool. I folded them all together. With a rose for every pair. Smiling, and saying, “ Gem fragrant, Fit for my prince to wear.” And, the radiant Summer morning, So full of a mother's joy! “ Thank God, he is fair and perfect, My beautiful, new-born boy.” Let him wear the pretty; white garments I wrought while sitting apart; Lay him, so sweet and so helpless, Here, close to my throbbing heart. Many and many an evening I sit, since my baby came, Saying, “ Wbat do the angels call him ?” For he died without a name; Sitting while hoars are waning, And the house is all at rest, And fancy a baby nestling Close to myacbing breast. Faith. Just at the last there stood beside her bed Two angels, each miraculously fair, With loftiness of plume and aureoled hair; And Love, the statelier angel, weeping, said: “ Mark her great agony. Were it not best To soothe her and to strengthen ere she goes ? My we not whisper that which either knows A precious pardon and of rapturous rest ?” And he whose name was Hope, whose fervent Were always heavenward raised, responded tiow: « o brother, lay thine hand upon her brow; Comfort her with God’s promise while she dies!” Whereat his fellow-angel near drew To the white sufferer's pillow, pausing there, But on a sadden, outlined from void air, Rose a third angel, statelier than the two. •• Nothing until the end inay’st thou reveal!” Calm, yet commanding, his clear voice rang ont: ii >Tis better to cie battling with one doubt, Than with all knowledge at the Throne to kneel!” The German Mother. Hear what a German mother said, Wildly waving abanner red, As her coontry’s host went trailing past, With rolling drums and trumpet blast: “Como forth, ray sons, come Join the hand Who battle for our fatherland ! Come, leave the plow ! come clutch the sword Three noble youths came at her word. The first l» sunk in bis last sleep ; The second rots in dungeon deep; The youngest, wounded, writhes In pslu— Ah, be will never walk agsltt! " What recks It ?" said that mother gray— “ Their name an<l mint shsll live for uye i Titov Imiglii for fatherland and rigid. And find inimpla my widow's lullu." Decisions of the Supreme Court of Georgia. Delivered at Atlanta, Tuesday, Avgust 17. REPORTED EXPRESSLY FOR THE CONSTITU TION, RY N. J. HAMMOND, SUPREME COURT REPORTER. L Johu E. Jonas et, al., plaintiffs in error, vs. she Macon and Brunswick Railroad Company, defendants tn error. Injunc tion, from Bibb. Brown, C. J. 1. An injunction, which IS a harsh reme dy, should not be granted until a clear prima facie case is made by the bill. The allegation must be direct aud positive. A charge that they are true, " on information received from others,” is iusuffleent. 2. It is not necessary to the adjudication of this case, for this court to decide whether the fifth section of the acts granting the aid of the State to-the Air-Line Railroad Company, when applied to any other com pany, is constitutional or not. 3. Said section, if constitutional, does not confer upon any citizen or tax-payer of this State any right to institute any suit or to file any bill in any court of this State, to inquire into the conduct of the Legisla ture in the passage of any act or resolution on the subject of State aid, or into the con duct of the Executive hi issuing the bonds of the State, as both are responsible to the people alone, an 1 not to the courts; or to inquire whether the company has complied with the terms of the act granting State aid, or whether the necessary subscriptions have been mado, or to intermeddle in any way in the affairs of the company, further than is necessary to the investigation of the single question, whether the company has sold the bonds indorsed by the State for less than ninety cents in the dollar; and in case of a bill filed by a citizen or tax payer, the court should confine the investigation to that issue alone. 4-. It was the duty of the Chancellor, un der the resolution passed by the Legislature on the.2Bth of January, 1869, to dissolve the injunction in this case. Judgment affirmed. William Dougherty, Lyon, DeGraffenreid and Irvin for plaintiff in error. Whittle & (Justin and W. Hope Hull for defendant In error. Joel Kitchens, el. al., plaintiffs in error, vs. Elizabeth Kitchens, defendant in error. . Brown C. J. 1. In a proceeding to establish a will, which is alleged to Have been destroyed since the death of the testator, it is neces sary to prove the execution of the will, by three subscribing witnesses, if in life, and within the jurisdiction of the court, as in casb of probate, in solemn form. 2. The contents o t the will must be prov ed, and the presumption of revocation, by the testator, whiqb.U raised by law, rebut ted by such evidence as clearly satisfies the conscience of the jury, but this tnfcy be done by the subscribing wltnessee, or any other competent testimony, and, In ease the testimony is in conflict, the jury, as la all other cases, are the judges of the credibility of the witnesses. 3. Anew trial will not be grantedtn a case of this Character, where there *is evi dence to sustain the verdict under the rules above laid down. Judgment affirmed. W. W. Clark, P. Jordan and A. Reese for plaintiffs in error* W- A. Lofton, George T. Bartlett for de fendant In error. B. F. Wilder, et. al. vs., J. H. Blount, Ad ministrator. Bill for Direction, from Jones. McCay, J. A testator provided that one-seventh of hls-property should, at his death, be set off to bis married daughter, and the remainder be kept together by his wife, who was the executrix, for the support and education of his five minor children, mentioned by name, until they should respectively come of age, or the girls marry, in which event, the children marrying, or coming of age, should take out one-sixth, one-fifth, one quarter, and so on, to the last; and “should either of said minors die, before coming of age, etc., his or her snare to cease to exist, and become the joint and common property of those living,: Held, That by the words, “those living,” in the quoted clause, he meant those living of the five minors. Held, further, That if one of the “flve” should die before twenty-one, or. if a girl before marriage, the share of the one so dying belongs to all of the “flve minors” then living, and not solely to those of the flve who remain minors, at the death es the one dying. Judgment reversed. J. Wingfield, by Thos. Alexander, for plaintiffs in error. Harris & Hunter for defendants in error. Ex’rs of E. H. Adams, vs. Adtn'r of Eltab Jones. Equity, from Macon. Warner, J. A bill was filed by the administrator of Jones, against Adams, alleging, that, in July, 1849, Jones had committed an offense against the laws of this State, which would have subjected him to punishment in the penitentiary, and being anxious to leave the State, went to the house of Adams, and while there, Adams, taking advantage of his situation, fraudulently obtained from Jones an absolute title to all of Jones’prop erty, including land and personal property promising Jones that he would pay his debts, and after retaining the amount of one thousand and fifty dollars advanced to Jones to enable him to get out of the State, that he would pay over the balance to Jones or his family. The bill prayed for an account and decree against Adams. Tbe answer of the defendant denied the fraud charged, and claimed an absolute title to tbe property conveyed by .Tones to Adams, discharged by any trust, express, or implied. It further appeared from the record, that Jones had not been, heard or after leaving the State for more than seven years, and that administration had been granted on his estate by the ordinary of Dooly county, where he last resided, and where the land and other property was located at the time of making the title deeds therefor to Adams. 1 Held, That the obligations In complain unis’ bill made a ease of fraud, on the trial j of which parol evidence was admUsableto „rove the fraud, and thereby raise an •«• ihetl trust ill favor of Jonas and Uls fain l ly. •> Jfsld, also. Thai tin- alleged widow of 1 the liiiantetn (Mr. Jon*) •«« Ms ton, were AUQUbTA, GA., WEDNESDAY MORNING, SEPTEMBER 1, 1889, competent witness for the complainant on the trial of the cause under the 3798 section of the Code. 3. Held, further, That in the discretion of the Chancellor, compound Interest may be charged on a final settlement with au‘im pMed trustee, oiboftavdulenUg obtains pos session of the prqpqrty,.as well as agaiust a trustee appointed, who rightfully obtains, possession of the property, as provided by the 3582 section of the . Code; the power comes within the reason, of the rule pre scribed for the latter. 4. Held, also, That seven years absence" of JoftCs, Without being heard of, was pre sumptive evidenoe of his death, and author ized the ordiuary to grant letters of adminis tration on his estate ; and, although that presumption might have been rebutted by evidence on the trial, atHl, the letters of administration were conclusive on the trial of this case as to that part, in the absence of any evidence rebutting that presumption. » Held, Hurther, That in view of the foots contained in this record, the defendant is net protected by the Statute of Limita tions nOr by the equitable bar of lapse of time. 6. The court charged the jury that “when theafWfrer is contradictory in itself, or con tradicted by other evidence, the jury are not bound to give credit to any portion of it,” Held: That this charge of the court was too broad in the latter portion of It; that It should have been left to the jury to determine what credit they would give to the answer, or to any part thereof, without auy Intimation from the court; they were the exclusive judges as to the credit to be given to the answer of the defendant, In view of the facts contained and stated therein. In my judgment, however, anew trial ought not to be granted, in this case, for this alleged error in the charge of the court. Although tbe verdict may have been somewhat too large, under the evb dence, still, I should not, myself, be dis posed to disturb the verdict of the jury; yet, as the majority of the court are of the' opinion the judgment should be reversed, unless the complainants shall write off from the verdict the sum of three thousand six hundred and twenty-one dollars and sixty one cents, leaving the verdict to stand for flve thousand dollars. I concur in the judgment of the court to that effect. Judgment reversed upon terms. 8. Hall, B. Hill, George W. Fish, for plaintiff in error. W. H- Robinson, Dhil Cook, Jas. Jack son, L- E. Bleckley, for defendant in error. Treatmentof Chot-Chew on a Pacific Mail Steamer.— A San Francisco corres pondent relates an Incident which occurred on a recent passage of the Pacific Mail Steamship Colorado, Which indicates that the Chinese are not always safe from the “prejudice against color," and that, no matter what may be their social position or fntellectaql acquirements, they are not bet ter than “niggers” In the eyes of some peo ple. A young, handsome and wealthy Chinese merchant, who had been engaged in business in California, went back to ChlDa to take a wife of the daughters of his people, and with his blushing bride, at tended by two maid servants, had taken passage on the steamship above named— The dainty lady, who was quite a beauty after the style of her country, never "ven tured to show her little feet outside the door of her stateroom; but her husband; speaking English perfectly, and thoroughly versed in our American usages, took his seat at the dlnneMßable among the other passengers. But lor the flowing silks of his national costume, he would hardly have been detected as a foreigner, yet the coarse old sea captain took offense at his presence and insulted him to such an extent that the “gentle Chinaman,” to avoid farther trouble, took his meals in his own room. This man so grossly outraged by the old sea dog was none other than Choy-Chew, the wealthy and accomplished merchant who recently accompanied the commercial party from San Francisco to Chicago, for the purpose of visiting our inland em poriums aud eastern seaports, to ascertain what openings they offer for the industry and enterprise of his countrymen. It was this same gentleman who made the ad mirable speech at Chicago before the Board of Trade, and was so warmly received by the members of tbe "Wavs and Means Com mittee of Congress, and Introduced to the leading merchants of the Western metro polis—feasting at tables at which the rough old sea captain would scarcely be permitted to sit. Death of Napoleon’s Sergeant —W h r Did Napoleon Bonaparte Bequeath 10,000 Francs to His Sergeant? —The Sergeant Can til lon, whose death was brief ly announced a few days since, deserves a few words of notice if only on account of tbe greatness which was thrnst upon him. After the battle of Wagram be was pro moted to the rank of sergeant of grenadiers of the Imperial Guards. Toward the end of December, of 1815, a pistol was fired at the Duke of Wellington in ODe of the streets of Paris, and all the sons-offleers of the Old Guard resident in the city were arrested. Suspicions more especially at tached itself to Cantlllon, who was ar raigned, but acquitted for want of evidence. Napoleon, however, seeming to look upon his old sergeant somewhat in the light of a hero, bequeathed to him in bis will the sum of 10,000 francs. The legacy was paid to Cantillon in 1823 by M. Laffltte, at the same time as the legacies to Baron Lirrey and others. Bonaparte’s recollection of his guardsman seems to have been an after thought, for the bequest forms part o t the fourth codicil to his will, and is dated April 24,1821. The terms of the will are as fol lows : Fifth Item. Ten thousand francs to sub- j officer Cantillon, who has been tried for conspiring to assassinate Lord Wellington, of which he has been declared innocent.—l Cantillon had as much right to assassinate that oligarch as those had who sent me to perish on the rook of St. Helena. Welling ton, who proposed this attempt, seeks to Justify it Ly the Interests of Great Britain. If Cantillon had actually assassinated Lord Wellington, he would bo protected and liisrilh-'l by tlie same motive*—the Interval# j of France to despatch a general who, be side*, bud violated the capitulation of I*urla and In doing so rendered himself ro i unoustble for the blood ol the martyr* Noy, llabwloyere. > aa«J the arline of plunder -1 lug the museum*, contrary to the text* or 1 th" trcatle».-/'Mtod*W<<u Tdeyraph I [From the Loudon Evening Poet. A Strange Imposter-Story of a London Baker and his Lodgor. On my arrival In London I took lodgings in Half-Moon street, Piceadiiy. The pro prietor of the house wn a baker, (well to do in like world) and, like maqy of bis coun trymen, an intense admirer of everything that pertained to rank or nobility. He was a ftvt, Jovial fellow, and often invited me to the parlor to talk over a pot of “ ’alf-and? ’alf,” observing with much pride that noble mem and gentieme i who had been his lodg ers had often honored him with a social chatwver -that beverage. Oae evening when he was qntertainiug me with gnecdotes of a certain lord, a re spectable looking man called and engaged the rooms on the ground-floor, which were then vacant. The stranger, seeming satis fied with the price.saia that as he had just come up from Bfwbmrf, hw»bte*W occupy the rooms that same evening. “ Banbury, Banbury,” said the baker, “ why,’that’s my native place.” “ Indeed !” said his lodger in surprise; “ then I suppose you have heard of Mr. Wickham ?” “ Although I have no recollection of the gentleman,” replied the baker, “I know his femlly as well as I know my fingers and thumbs. Nay, sir, he is the richest commoner in the country. It must be now fifteen years since I lived at Banbury, and I am somewhat in Ignorance about affairs down there but if you are a friend of Mr. Wickham, you’re as welcome to my house as flowers in May, or coals et Christmas If an angel had suddenly descended through the ceiling with a clap of thunder, no deeper impression could have been pro duced upon the baker than he evinced when the person he accosted informed him that he was tbe veritable Mr. Wickham himself. The baker seemed overwhelmed with obse quiousness and respect and rushed out of the room to call up all his family for Mr. Wickham to sec them. After giving a dtp tailed account of the manner in which he first met his wife, and the respective ages of the children, he inslsted'on all drinking to the health of bis guest. He did not for a moment doubt his having Mr. Wickham for his longer ; yet he could not help wtm derlng that neither footman, nor portman teau appeared. The next morning he niade bold to ask how a gentleman of his estate came unattended. “ Hush,” exclaimed Wickham, holding up bis hand tn a posture of admonition, “ my servants are not in the way at present, as I doul Want my arrival to be known. lam going to arrest a merchant who owes me £B,OOO. If he should know of my presence in toWh my purpose would be defeated ; so keep quiet, and don’t mention my name, whatever you do. You shall know all in good time.” That night a servant came, and Mr. WickhaA fell Into a great rage at him for allowing tbe porter to put his trunks in the wagon train. “ This, sir, will cause me a delay of three days,” shouted the irate Wickham, so that everybody In the house might hear. “Have you telegraphed to warn them of the mls “ Jeems has just been to the hofflee, sir," replied the valet, with submissive deference, “ and he says the baggage will be here tbe day after to-morrow. “ And what In the name of heaven am 1 to do in the meantime f" resumed the be wildered Wickham. “My friend, Lord Grosvenor, and others are out of town, and here I am, owing to your stupidity, without money or clothes, and cannot attend to my huslncss. You had better send Jeems &t once to Banbury to bring me some linen, and tell him to get fifty pounds from my secretary.” When the servant had taken his depar ture the baker ran to his drawers, and lay ing hands on the best linen he had, carried it to Mr, Wickham aud begged the honor of his wearing it. He also laid fifty pounds on the table and expressed a hope that bis guest would not take it amiss If be offered these slight tokens of his respect and re gard. Wickham at first refused, but was not proof against tbe pressing solicitations of the obsequious baker. Three days after wards the footman appeared, in gorgeous livery, with the missing tranks; and the baker, more satisfied than ever that he had to do with Mr. Wickham, one of the rich est and noblest of gentlemen in the king dom, makes It more his business to give fresh marks of his respect and attachment. In short, Mr. Wickham did the baker the honor of accepting from him three hundred and sixty guineas, for all of which he gave him hi* note. About six weeks after the opening of this adventure; the affoble and condescending Wickham, while enjoying himself at a tavern, Was seized with a violent head ache, accompanied with a burning fe ver. As soon as he found himself 111 he went home to his lodgings, where he was waited upon by one of his foot men, and aaslsted in everything by tbe good baker, who advanced all the money that was wanted and passed his word to the doctor, apothecaries and everybody else. Meanwhile the patient grew worse and worse, and on the fifth day he was given over. The baker, grieved to the heart at the condition of his illustrious friend, felt bound to tell him, though with much reluctance, what the doctor thought of his condition. Wickham received the news calmly, and with all the resignation of a true Christian fully prepared for death. He desired a minister to be sent for, and re ceived tbe communion the same day. Tbe next morning the distemper and danger In creasing to an alarming height, Wickham told the baker that it was not enough to have taken care of his soul ; he ought also to set his worldly affairs in order, aud de sired that he might make his will. A scrivener was therefore immediately sent for, and the will was made and signed In proper form before, several witnesses. Wickham, by h s will, bequeathed all his estate, real and personal, jewel*, coaches, teams, race horses, pack of hounds, ready money, etc., and a house with all appur tenances and dependencies, to-the baker. Never was anything more noble or gener ous. This done, W ickltam called the baker to him, and told him that immediately after his decease he had nothing to do but go to jil* lawyer, who would give him full In struction* how to proofed. Soon after be fell luto convulsions and died. 'i h* baker first applied himself entirely to carry out the provision* of the will, omitting ri'fthlug that was ordered to !*■ dona. The body w«* not to be Interred until four day* after death, ami all wa« ready by the second. The baker hod time Pi look tor the lawyer before he laid hi* benefactor in the ground. Having put the body luto a rich coffin, covered with velvet and pistes of silver, and made all the other arrangements, had began to consider that it would not be Improper to reimburse himself as soon as possible, and to claim pos session of his new estate. He therefore went and communicated the whole affoir to the lawyer. This gentlemen, being of a shrewd and suspicious turn, expressed much astonishment at the manner in which his client had come into possession of so large an estate, and immediately Instituted an in quiry. He requested the baker to call the next morning, when he would be enabled to advise him on the subject. We may easily imagine the disappointment of the baker, when at the hour appointed the lawyer informed him that, according to a telegram received the evening before from Banbury, the true Mr. Wickhngi wasln per fect health. The film fell from the poor baker’s eyes, and he at once saw that he had been badly “ bitten” by a villain and a hypocrite. Upon this he immediately re turned home, and took the rogue’s body out of the rich coffin, which he sold for a third part of the original cost. The trades people, who been employed in the prepara tions for the funeral, had compassion on the baker, aud took their things to him, though not without some loss to him. They dug a hole in a corner of Bt. Clement’s church yard, where they threw In the body with as little ceremony as possible. Magdalens.—The Awful Steps of their Inevitable Descent. —Six years, I said, was the life of those women. After that time Anonyma is no longer Anonyma, she sinks to the gutter and the jail, unless she reforms, or becomes mistress of some house. First, she becomes prematurely old, she loses her temper, her language becomes filthy, she is a termagant and a drunkard, prone to the smashing of windows, and the exercise of her finger nails on sisterly dices. She becomes a nuisance In respectable dis reputable houses, she gets in arrears for her board, and she takes to the streets. Rouged —she needs paint now—and flaunting dress, she pafades Craig street, or Vltre, or Vigor Gardens, or notable St. Lawrence—Main street, seeking whom she may devour. Policemen arrest her for loitering, or accost ing some innocent person. She passes a night In the civic saw-dust, and next day appears before the Recorder. She hangs her head for shame. “Do you know her, •Nelson ?” “ Well known prostitute, your honor." “ Five dollars or one month ” The reporters whisper that Agle is coming down, she used to be at Forty. She goes to jail, and comes out at the expiration of her sentence, hopeless and irreclaimable. She is slateringly and draggled ; She occa sionally sleeps In a gate-way; she lias a face of brass and a heart like the nether mill stone. From St. James street she has been driven to Main street, and that rejects her for purlcus around the Barracks, Water street, and other similar localities. She haunts cellars and low dens; she consorts with soldiers, gets her teeth kicked out in a fight, has a carmine nose, and brazens it before the Recorder with luuar regu larity. The wages of sin Is death, whisky, and a few pence in her case. Then she sinks to Logan's Farm, where she ciouches half naked in the brush-wood, lives by theft, and passes her winter In jail. Then comes death in the hospital, In the streets—drunk of starved—suicide or muider. This is the ending of more than seventy per cent, of the Anonymas of Montreal. The balance mar ry,’or leave the city for places where they are unknown, or are shriven by the patient nnns, and taught lessons of iDdostry and virtue, which too frequently they forget in a week. I do not think, Glare that ever a memory of by-gone days comes to them, and melts them to remorsefol tears. Ido not believe, awful though It Is to say It, that one In eight of these women Is capable of a tender feeling, an effort at amendment. They are hopeless, hopeless, hopeless. 1 believe now In the hardening of Pharaoh’s heart; that It was a process which goes on now a days and whore subject never escapes doom— These women have nothing womanly about them. Modesty they have none, shame they no longer know, woman’s pity they do not understand, men’s authority they do not respect, God they blaspheme, heaven they can not appreciate, hel they defy, and death is meaningless. They are filthy In habits, obscene In language. Wbat margin have you here to work? —Montreal Star. The Death of Marshal Neil, of France.— A cable dispatch from Paris an nounces the decease of Marshal Adolphe Nell, of France, one of the moet prominent military men and statesmen of the Empire. His name reveals his origin. Not an Irish man himself, he is nevertheless an Irishman by near descent. His hi tbe latest Instance of the peculiar aptitude of the Irish for mil itary affairs. Marshal Neil was born in Mnret, in 1802. He entered the Polytech nic School of Paris In 1821, and the Milita ry Academy of Metz In 1828, and com menced his military career In 1825 as a sec ond lieutenant of engineers. In 1826-7 he distinguished himself in the expedition against Constantine, In Algeria, and was promoted October 25tb, 1837, to command the cor|>s of engineers in that province. On his return to France he gained distinction as a military engineer, and was appointed colonel In 1840. In 1840 he accompanied General Valiant In an expedition to Home. He became General of Division In 1858; commanded In 1854 the selge operations against Domarson, and in 1855 was ap pointed Adjutant of Napoleon HI, and was employed in tbe selge of Sebastopol. In 1857 he became a member of the French Senate; tn 1860 he took a prominent part In the Italian campaign, and decided by the skillful operation of the artillery under hi* command the victory of Sol fieri no, after which he was made a Marshal of France. The Emperor Napoleon 111 was much at tached to this veteran supporter of bis throne. A Man Forgets Hi* Teeth.— A great many things are left in the state rooms of steamers, and some comical eases of tbis sort occur on the international line between ! Bt. Johns, N. 8., and Boston, too Portland and Baal port. The boats touch at the { two Intermediate port* and passengers! leave In a hurry, frequently leaving In their state room* tings, bundles, brushes, babies, I>ooks and oilier smalJ article* of no value except to the owner. The oilier day, the liostoti agent received a telegram from a passenger who left try I lie steamer ul Port land, a« follow* : “ to n my teeth in No. 15. Will call for them.” Tlm- passenger dl«- eovered hi* lo*« when In* sat down to break I fast 111 tlm* Forest City. VOL. 28. NO. 35 [From the Macon Telegraph. William Zeigler’s Will—A Large and in teresting Lawsuit. Conspicuous among the attractions of “ Rose Hill Cemetery, In this city, is the vault In which reposes the remains of Wil liam Zeigler, late of Crawford coanty, In this State. It was erected there by his ex ecutor, in conformity with specific* instruc tions contained in his last will and testa ment. He gave minute directions in regard to the selection of his coffin and shroud, aud expressed the desire that tbe site for his vault should be located as neir as prac ticable to the monument erected to the memory of the late Oliver H. Prince, Esq. The dimensions of his vault, the materials of which it should be constructed, and all of its appurtenances, were Indicated by himself in this most solemn form. It re mained in a good state of preservation from 1855, the year in which he became its ten ant, until ten years afterwards, when it was visited by some of “Sherman’s angels,” whose sacriligious hands did not spare even tbe homes of our sleeping dead. Bat it is not of this vault-that we intend- ed to speak. We would suggest, however, to those who shared his ample fortune to repair the damages which It has sustained, and to preserve it in future in the manner indicated by their munificent benefactor. Another provision of his will has elicited no little comment in our city for several days past, which was, doubtless, occasion ed by the appearance in oar midst of two strangers in the person of a colored woman and her daughter, from the State of Ohio. Public curiosity was, to some extent, sat isfied, when it was ascertained that they were legatees under tbe will of William Zeigler, and that their visit to our city was for the puritose ot engaging counsel to in stitute suit, if necessary, for the recovery of their respective legacies. Having learned that our friend, Col. John B. Weems, had been retained by them for this purpose, we took the liberty of soliciting of him an ex amination of the item of the will nnder which they claim. During his life he owned a woman slave named Mary, by whom he had three chil dren, to-wlt: Maliuda Ann, William Henry and Octavia, the paternity of whom, it is conceded, Mr. Zeigler always acknowledged. The future welfare of this woman and her children seemed to be his chief care. He provided in the second item of his will for their removal, at his death, to a State whose laws would tolerate their prompt manu mission, and for them to be comfortably settled there by his executor; tbe expenses of which should be paid out of his estate. He thus bequeathed to Mary the sum of ten thousand dollars, and to each of the said children the sum of thirty thousand dollars, the Interest of which should be ap plied to their support, education and main tenance until they should arrive, respective ly, to the age of twenty-one years. In the event of the death of either of the children before majority, be farther provided, that his or her share should be equally divided between the survivors, and in case two of them thould die, their legacies should vest in the survivor. It is evident from the letter, as well as the spirit of his will, that ample provision for Mary and her children was promineot in his mind. After the execution of his will ft occurred to him that a bequest, directly to them, might defeat his Intentions; hence he published a codicil, bequeathing their res|>ective legacies to his two brothers, Henrr and Lewis Zeigler and his nephew and executor, John W. Dent, In trust for the children, and required of each a bond witb approved security, in the sum of fifty thousand dollars for the falthfol execution of their trusts. The testamentary trustees or guardians having renounced their trusts, others were appointed In their stead. In due form of law and according to the requirements set forth In the codicil. It is against these trustees and their securities that a recovery will be Invoked. We forbear any expression of opinion upon the case, as it will be soon subjected to judicial investigation In the Circuit Court of the United States. The amount claimed by them approximates to the hand some sum of $200,000. Col. Weems has associated with him in the case, the firm of Messrs. Nlsbets* Jack son and Col. L. N. Whittle. Their clients may rest assured that their cause is com mitted to safe hands. Diamond Cut Diamond.— An adroit swindle, in which all tbe parties concerned were cheated, has jostcome to light in New York. Some persons representing them selves as thieves offered to sell a broker $125,000 of alleged stolen bonds for SIOO,- 000. The broker Informed tbe detectives, who, anxious to make their little fifty per cent, commission, agreed to buy.' The de tectives met the bond-sellers at a tavern In Hudson, N. J The package of bonds was exchanged for a package of money. Then witb valor tbe detectives arrested the thieves and opened the packages. The SIOO,OOO in money which the honest officers of the law had given tbe thieves, were found to be all counterfeits. Tbe $125,000 in bonds which tbe thieves had given the detectives were found to be three pounds of brown paper and a single genuine SIOO bond. All bands were swindled, the “ sharp ” detectives being sold as badly as the thieves. Died for the South-— A Confederate soldier by tbe name of A. Kyle was put off a steamboat at this point shortly after the battle of Belmont or Fort Donelson. He had been wounded in battle, and died be tween tbis city and Evansville. He was decently interred in our cemetery, and now occupies a place in Dr. Tyler’s lot In onr cemetery. Upon his tombstone is inscribed the following: A. KYLE, C. 8. A. Cos. C,lßth La. Vol. Regiment. “ Wbat more can a man do than die f” Southern paper- please copy. For an eulogy upon tbl* poor soldier, at the time of hi* burial, we were arrested and our paper suppressed. We hope we will not meet with a similar fate for faying that I he fell la a glorious cause, and our only 1 regret now I*, that the eau*e for which be so gallantly laid down his life was not anc f awful. “ hu fought hi* Is** baltls.” | t/oe ashore Shield,
