The Banner-Watchman. (Athens, Ga.) 1882-1886, March 04, 1884, Image 3
i
Weekly banner-watchman, Tuesday, march 4,1884.
WA
IKBE THE FIRE IS OUT.
» Mon * Mj»t»rj-s*«a A*"** •»
World |
mum of Aleppo,” said Sir Philip
••hail mastered every secret in
Vliieli the nobler magic seeks to
1I,. ili-e,)Vered that llie true art
jinj, is t<> ansistNalute to throw off
, tt8 e—toemnmon, as irwere, tne
svslem to eject the enemy that
mned oil apart. His processes all
,.,1 the reiAvi(tolotlono( tlie prln-
[is the Eastern sage merely antic-
the practice <yT the best physicians
jay. What like Itself is, nobody
then—noliosly knows now. But
ivc learned somethlne of the rea-
hv the mysterious tide rises and
Provided the ciea' organs of the
re not irrei>aral»ly destroyed, med-
encr . .-.n always relieve, and often
Yet no reputable physician now
s to the barbarous and stupid pro
of depletion, such as bleeding, by
it was attempted to cure disease
iucing the patient’s ability to resist
-a-davs we do not tear down
r to help the garrison—we
—u-n it. .. ., ,
■*’Ji Chi- intelligent and benitlcem. work
« fa «oneed that Parker’s Tonic leads
all other medicines. As an invigorant
It (Kmmedi itely and powerfully open
the elrcui.di"" and the organs of diges
tion Bin- giving Nature the assistance
sheoCl- f..r. It follows that all ailments
of iht&toniach, kidneys and liver are at
Cl o • fciii ved or clin’d. No other prep-
M^Kn enibodii s the same ipialities or
produces similar results. It is delicious
and the best known anti-intoxi-
eant-[ Price:<k’ and fI. lliscox * Co.,
New fork.
rhite girl, 15 years oiu, was
j hid in' a box car at Wilming-
Notice 1
Money in sums of 8250 and up
wards can be borrowed on 3 or 3
J ears’ time from Messrs. Jones &
ackson, for the next 60 days, on
improved farms ir. Clarke and ad
joining counties.
. Contented.
The one who has little is happi
with that little, if contented, thi
the one who has much and with it
impatient for more. The one who
has bought their jewelry and spec
tacles from Skiff, the jeweler, is
happy and contented.
A RACE OF GIANTS,
stnsge DtaoereriM Midi aulai
THE LATE CYCLONE.
The Cyclone.
On Wednesday night the storm
that passed over Athens did con
siderable damage in Oglethorpe
county, blowing down a great deal
of timber on Col. A. F. Pope’s
place and demolishing the chimneys
to Mrs. Gaulding’s house.
Burglars al Lula.
Burglars entered the depot at
I.ula Tuesday night, but Mr.
Hodges, the railroad agent, being
awakened from his sleep by the
alarm attached to his cash drawer,
put the robbers to flight. It seems
that Lula is infested with rogues.
More Mica.
Mr. Zack Smith, of Jackson coun-
ty, yesterday handed us some fine
specimens of mica that he took
from a gully on his place. It would
be a good idea for some of our la nd-
owners to mine a small quantity of
mica and test its value.
Again and Agaln-
•cls i,i lime turn witli an exact
a * 111 although tills is leap
v month, on the second Tues-
.1, m ilie city of New Orleans,
tie of Louisiana, the Grand
Drawing of the Ixnnsiana
L.itiery tekes place in due lorni,
[ill guards for the integrity of the
d its surroundings that van tie be-
^Ibj the high moral character of
GunPs G. T. Beauregard of I.a., and
Jubal A. Early, of Va. The liiotli
drawing takes plaee on Tuesday, March
JJth, 1,1.1, w lien f'.’h.i.ObO will lie sratten-
ed ifca h-o-t, about which M. A. Dau
phin, of New Orleans, La., will tel| you
on
Mr. Ransom lias withdrawn his
bill for tlie icLel of the cyclone suf-
Stiolng Is HoLuvlrg.
inn- of \mi w ill not believe that
11.nng Restorer w ill cure Cmi-
Inn. iiMboiigb von see those who
i n cured by it every day.
Apachee Indians are again
warpath, slaughtering the
Wedding Cake.
The Banner-Watchman office re
turns thanks to Mr.and Mrs. T. M!.
Foddrill for a large waiter of deli
cious cake. Mrs. W. B. Brightwe II
knows how to get up good dinner*,
and we predicted in advance that
the groom would be foundered the
first day. Our best wishes attend
the happy couple in their journey
through life.
The Late Cyclone.
A party who passed the 'Nash
house, near Harmony Grove, si ’.ys it
is one huge pile of splinters and
not enough sound lumber can be
found to build a chicken coop. Even
the pillars are levelled with the
ground. How any one escaped
from it alive is a mystery. Large
oak trees in the yard are twisted off
like straws. Nothing was saved
from the wreck.
Mr. J. B. Toomer yesterday re
ceived a letter from Mr. Hazelton,
w ho is on a visit to Cartersville.
The letter contained several beads
made of bone, and gave an interest
ing account of the opening of a
ier large Indian mound near that town,
by a committee of scientists sent
out from the Smithsonian Institute.
After removing the dirt for some
distance a layer of large flagstones
was found, which had evidently
been dressed by hand and showed
that the men who quarried this rock
understood their business. These
stones were removed, when in a
kind of vault beneath them the
skeleton of a giant, that measured 7
feet 2 inches, was found. His hair
was coarse and jet black and hung
to the waist, the brow being orna
mented with a copper crown. The
skeleton was remarkably well pre
served and taken from the vault in
tact. Near this skeleton were
found the bodies of several children
of various sizes. The remains of
the latter were covered with beads,
made of bone of some kind. Upon
removing these, the bodies were
found to be enclosed in a net work
made of straw or reeds, and beneath
this was a covering of the skin of
some animal. In fact, the bodies
had been prepared somewhat after
the manner of mummies, and will
doubtless throw new light on the
history of a people who reared these
mounds. Upon the stones that cov
ered the vault were carved inscrip
tions, and if desciphered will pro
pably lift the veil that has enshroud'
ed the history of the race of giants
that undoubtedly at one time inhab
ited this continent. All the relics
were carefully packed and forward
ed to the Smithsonian Institute, and
are said to be the most interesting
collection ever found in America
The explorers ars now at work on -
another mound in Bartow county,
and before their return home will
visit various sections of Georgia
where antiquities are found. On
the Oconee river, in Greene county,
just above Powell’s Mills, are sev
eral large mounds, one of them very
tall and precipitous. The editor of
this paper has now an engagement
with Mr. Toon Powoll to make an
excavation there, and as soon as the
weather breaks we will let our
readers know what hidden secrets
are contained theiein.
Toitbl* Story otltaVWt to tt* Ton of D»ru-
boro. Ox.
From a private letter received by
Miss Fannie Atkinson, of Athens,
from her brother living at Davisb oro,
Ga., are we permitted to make the
following extract:
Davisboro, Feb. 24. 1S84.—Dear
Sister:—I suppose my scattered
senses are collected well enough to
write you something like a clear ac
count of our terrible experience on
last Tuesday night. My letter to
you on Monday came very near be
ing my last one, for I do not believe
I have ever come as near facing
death before; no, not even .in the
heat of battle. I live on a high hill,
just a quarter of a mile from the
depot, and to this fact I attribute
our escape, as the whirl turned
when it struck the hill and circled
around in our rear just one hundred
yards, then left the earth and leaped
full mile before striking the
ground again. So you will see cy
clones do not move in straight
lines, nor keep on the ground all the
time, nor always happen in the day
time, which latter fact has been the
generally adopted theory. Tuesday
wasa strange day; at first drizzling;
then bright and warm; then a* reg
ular March wind for two hours,
winding up about 6 o’clock with a
heavy black cloud and terrific thun
der and lightning. I had been
town for an hour and started home,
fearing a rain; meeting B , and
knowing his slow gait, hurried him
along with me. Supper was ready
when we came in, and while stand
ing at the table preparatory to sit
ting down, there came a roar. I
can compare it to nothing I know
of, unless to a thousand railroad
trains, with coal-burning engines,
rushing by. I realized what it was,
gathered my children around me,
feeling death was sure; but a kind
Providence spared us. We
unhurt, and the house left standing.
A shower of hail followed, as large
as chicken eggs, as incredible as it
may seem, and then a dead calm.
The business part of Davisboro is a
perfect wreck. The brick depot,
more than half the dwelling houses
and every store are in ruins. Words
cannot describe the scene; pitchy
darkness, men, women and children
crying for help, and the streets a
mass of splintered timber, fallen
auruiU nuli’-nake im-lon ii-*4 al Lyndon’*
PH**! Plan! Piles!
i- fur ltliml. Bleeding ami Itch
Oiu- inix Inn riin-il lie- woret
J11 yi-,ir-' stainling. No one
iimiu-n after lining Wil-
• - < i.ntmi-iit. ll nli-orbs
l ing, nets 1 s poultice,
T. Prepnri’d only lor
li.e private parts, nolh-
.1 M. Goffetibitry, of
' I have used scores of
mini'll* me pleasure to
e never found anything
immediate and and per-
- Hr. Williams’ Iniilsn
’ Sold by druggists and
pt of price, $1. Frazier
■*, Cleveland, Ohio.
Testimony-
Mr. John Pearson,
bis bed with what.
tn|uion of the worst
-tiisily had died with
xeept Ills hall lirotli-
-nr.I«-il us certain and
-ling all the ri me
dies, l 111.-ills nsa la-t resort sent lor a
Brewer's Lung Restorer, anil it
acted like magic, lie continued the use
WlHlor seme time anil Ini- been fully re-
Htoretl In health. Sn (a* as I could ilia-
■ India 1 consumption, and Brewer's
(lb -pimr saved his life.
, lloi.i.en.tv, M. I). Barnesville, Ga.
House Burned at Paper City.
Yesterday evening the dwelling
I of Mr. W. D. Giiffeth, of Paper
City, caught fiom a defective stove
pipe and was entirely consumed.
Everything was saved, even to the
blinds and sash. Mr. Griffcth and
his lady were in Athens at the time
of the tire. The house was insured,
but we do not know its extent.
A RANK FORGERY.
NUDE ART IN ATHENS.
OOL.IXBLOWES TRIAL BE70EE THB MAYOR
> Crowd of People Pack
A Lively Day—An:
the Court-Room t
Teitfmony u to the Buds ta Art.
High art in the police court!
Col. Ike Lowe the hero of Gum
Spring, has for some time past dis
played over his store door the pic
ture of Blackwell’s Durham male
cow, robed in the garb of natnre un
adorned. In fact, even the histori
cal fig leaf was missing. This work
of art was unnoticed until Atlanta
began to kick up a row over Dan
Pitchford’s old chromos, when
Capt. Oliver, ever alive to the glory
and fame of Athens, determined
not to be outdone, and on Friday
last reported this .'.bovine portrait
as calculated to shock the sensitive
nerves of the police. Mayor Dor
sey booked the case for trial yester
day morning, and a number of wit
nesses were summoned by both
sides. The defendant was repre
sented by Joe Kenney, Esq., and
the city, in the absence of its attor
ney, engaged the services of that
famed jurist, Tip Fuller, Esq.
“Spectators were jammed into
every place where it was possible
for a man to secure a foothold or
hang on by his eyebrows. Outside
the bar of the court the motley
crowd was so thick that it was im
possible to pass through, and within
the bar staid old citizens, police offi
cers, newspaper reporters, artists
and lawyers appeared as a sort of
lambrequin, fringing the Mayor’s
throne.”
Col. Lowe stood up twirling his
hat nervously in his hand and blush
ing like a girl.
“You are charged with violating
the ordinance which prohibits the
displaying of disrobed pictures. Are
you guilty or not guilty?”
“Not guilty,”
“Mr. Fuller,” said the Mayor
were turning to the city attorney, you
will please conduct the case for the
city.”
“All right, sir,” was the reply.
“I appear for the defense, your
honor,” said Mr. Joe Kenney, ris
ing and addressing the the court.
Mayor Dorsey nodded, the wit
nesses were called and sworn and
everything stood ready for the trial
to begin.
the Witnesses called.
Ex-Mayor O’Farrell appeared,
A Good Business.
A gentleman living near Athens
told his little niece lh;it if she would
attend to two cows he would give
her all the butter over and above
what would furnish his family,
and that she could make ten dollars
during the season. The young lady
attended to tlie cow:-and sold $.;S
worth of butter before the season
A Habersham Negro Endeavor* to "Blood" Con
gressman Candler.
A few weeks since Col. Candler
had the following paper handed hitn
by a negro named George Smith, ot
Habersham county. The Colonel
saw at once that it was a ■forgery,
and informed the scamp that if he
did not get up and dust he would
have him arrested. It is seen that
George has carried more colored
vofes for the nominee than there
are negroes in his county. The pa
per read as follows.
“This Oct. 7th. 1SS2.—Reprove
the undersigned, George Smith, did
for Mr. A. D. Candler the day of
the election. It is known of him
that he did voted for Candler four
hundred men, and are yet at work
lor his man who are seeking office,
of the tl
^Liladelphia had tiye fires Satur
day, and $1,000,000 worth of prop
erty was destroyed.
Loading Mr,tabor*
tlie and musical professions
• lH-nmifviii|( influence of So-
lt iiimn tin- teeth. Personal come-
llnhs* i- a pn-iiivc capital to public per-
f"rSr-. ami they tl ml that the use of
Soxodoa! mat -rintly w-eonaa the natural
ot a plcasim: face. Let all who
wish to avert the disaster jturc to over
take ttccicct 1 il teeth, try a new depar-
tune Willi cleanse them regularly with
this api ct able preservative.
s A. Sewell, A. M. 1).. of
Facility Lava] University,
states: “I have found t’oiden’s
:'s Liquid Extract of Beef an- 1
unra I nr particularly useful in
stages of Consumption, weak-
dyspepsia, nnd all nervous affee-
lions. In pregnant women it has been
9Bneil. while every other article of
fooMlois l*ee» rejected. Palatable and
easy of digestion. Take no other.
n is estimated that the reduction
of public debt for February will be
about two million dollars.
was much more '.ban half gone, and I will say that he is an honest
A Fiend Jailed.
A negro is now in jail at Lexing
ton, under several setjons charges.
Several years ago he murdered his
wife at Woodstock and threw her
body into a well, but not sufficient
evidence could be had to convict
him. Since then fresh testimony
has been found, and it is now prob
able that he will be made to answer
for this horrible crime. There is
not a shadow of doubt about his
guilt.
^LSjbuiu; men, middle nged men anil all
ho suffer from early indiscretions
will fill') Allen’s ltrain Food the most
rln! invigorant ever introduced;
lured hy it there is no relapse,
it never fails. $1; t> for $5.—At
Is. or by until from J. H. Allen,
t Ave., New York City.
!n Francisco, February 29.—
Mary Brown, widow of Jonn
1, of Harper’s Ferry, Va., no-
, died here to-day.
'jSSSen's Bilious Physic is a purely veg-
I etable liquid remedy for Reaches, Bil
iousness anil <’onslipation. Easily ta-
keB.'a-. iin" promptly, relieving quickly,
•Jo cte. At all druggists.
kiM*
01.NTON, Ga., February^.—
{e R. F. Tatom, who has been
ordinary of Lincoln county for thir-
ty-two years, died here this after
noon. of disease of the kidney. He
WAS above seventy years old.
pnsman’s Peptonized Beef Tonic,
sly preparation of beef containing
ktii-e nutritions properties. It con-
1-imtUng, force generating and life
Suing properties; invaluable for
jestion, dyspepsia, nurucus prostnt-
lank all forms of general debility;
Jin nil enfeebled conditions, whetli-
rvsult of exhaustion, nervous pros-
n. overwork, or acute disease, par-
rly if resulting from pulmonary
jaints. Caswell, Hazard & Co.,
tide.-*, New Yoak. Sdld by drng-
pAlton, Feb. 29.—Dalton pre
votes for prohibition 372;
nst 107. The county has gone
irohibiiion by a good majority.
I relief from a *lck beadsch. which I bat.
' from for the wut twenty-five Yean, and
1-1U ii to all older* *imiUilv affected.
r» aimiuulY affected.
Mu K. J. Jons BON.
A FAIR OFFER.
Voltaic Belt Co., of Marshall,
1., oiler to send I)r. Dye's celcbra-
Foliaic Belt and electric appliances,
ial for th’rty days, to men, old and
g, afflicted with nervous debility,
lialily, and many other diseases,
s advertisement in this paper.
eneral Gordon practically ad
1 that his mission to Khartoum
[been a failure, when hcannounc
that British troops re on their
ly to punish the rebels
Jmory’a Little Catharth la the beat
■ only reliable Liver Pill kuown, nev-
■Tall* with the most obitinate c
July vegetable—16 cents.
No Doubt of Tfca
jBenson ’s.Capeine Poroc - Plasters are.
Kan, reliable quick-Actinr and highly
Edlchfal."—fcW.P. F awera.
Bo many persons suffer vth habttnal
Isttveneaa. A dose of Norman’s Ken-
falizlng Cordial after eaoh meal, will
nak np the-moat stubborn case. Ih ThU fa
fca ta— to Umatcimaah thereby stimu
Bing the liver to healthy action.
The Oglethorpe Fence Troubles.
The contested fence case from
Oglethore county was heard before
Judge I’ottle at Crawfordville on
Friday night. After a hearing of
the argument the Judge refused to
grant the injunction prayed for, thus
sustaining the decision the decision
of Ordinary Gill iam, which puts the
new law in operation on May 1st.
This settles the question, and it is
neediess to contest the matter fur
ther, We learn that Mr. Howard,
counsel for the no fence side will
let the matter rest where it is.
Aid the Sufferers.
Many of the citizens of Jackson
county have suffered by the late cy
clone, and their people are doing all
they can to assist them. The citi
zens of Athens and Clarke should
do something to help her sister
county, and anything in the way of
clothing, bedding, provisions
money will be appropriated to the
use of the sufferers if sent to Nib-
lack & Co., in Jefferson. A large
number of these people have lost
everything, and we hope our citizens
will respond liberally. Any arti
cles left at the Banner-Watchman
office will be forwarded.
Information Wanted.
G. W. Freeman, of Urbana, Ohio,
asks the following questions:
“Will grass do well enough about
Athens or very near the Blue
Ridge for grazing purposes?’^
What kind of grasses grow
there?’’
What kinds of timber have you?”
. All of Northeast Georgia can
be utilized for raising grasses and
grazing stock.
2. Bermuda, orchard, herd and
timothy. With little cultivation
blue glass and clover cun he suc
cessfully raised.
3. Oak, hickory, poplar, pine,
chestnut, ash and gum.
Gov. McDaniel and the Cyclone Sufferers.
The telegram from Washington,
so far as Georgia’s Governor is con
cerned, does not show the real facts
of the case. He did nothing to de
stroy the chances of the appropria
tion for the cyclone suflerers. Sena
tor Colquitt telegraphed to know
the probable extent of the damage
by the late storm and if relief was
needed, to which Gov. McDaniel
replied: “Considerable damage
in Pntnam, Floyd, Pickens, Coweta,
Richmond, Jones and other coun
ties. Subscriptions are being re
ceived in several localities. Ip many
cases relief is said to be needed.”
man, and you can depend of what
ever he says, for I have tried him
thorougnly, and all the negroes be
lieve in hira, and I want all of Intel
ligent Democrat’Club to signe this
Decreed, and you know me, so I
will close. “Andie Nichols.”
This Clarksville, Habersham Co.,
Ga.
Ansey Andeison, J. W. Ander
son: “And we as honable body send
him to you, Mr. A. D. Candler, to
receive $25, and we will make the
hundred for it just.”
J. W. Dooley, J. B. Jones, at law:
“And I will say to you that he need
it, for all he owns was destroyed
with fire on the ’count of the elec
tion.”
ThcJRevenue Question.
To-day Senator Vance, Congress
men Debrill, of Teunessee, Clem
ents and Candler, of Georgia, will
go before the ways and means com
mittee to argue tor the reduction of
the internal revenue. They will ask
it to be taken from all liquors
made from fruit, and will favor the
Dibrell bill for free brandy. They
will also present strong arguments
for the bill introduced by Mr. Can
dler to change the mode of collect
ing revenue. It abolishes all depu
ties, and require _ each man
who distills over thirty gallons a
year to return on oath, his quantity
of tax due at the end of each quar
ter, with a penalty for failure or
false return.
L»
Mr. W. D. Garrison, a prominent
planter of Anderaon k S. C., save he baa
■" ' ’ Cordial in
in go try It,
many and a
trial will conyinco you that it U » good
IMMdy* * *
Clover and Glass Seed at Lyndon's drag store.
A Storm Pit
A gentleman in Oconee is dig.
ging a cyclone pit under his house,
fixed with a trap door. It is large
enough to accommodate all his fam
ily, and whenever a cloud arises they
take refuge therein. This is a wise
provision, and those who are laugh
ing at him would do well to emulate
the example.
Storm at Greenvil!*.
The heavy wind storm of Wed
nesday night reached as high up as
Greeneville, S. C., and did consid
erable more damage than here in
Athens. On a farm near the city a
house wae blown down and
gro man killed. The house took
fire and consumed the body. Sev
eral other small houses were demol
ished.
Pledger's CompIainL
W. A. Pledger addressed a letter
of complaint to the Governor in re
gard to his rejection as Lieutenant
Colonel of the Atlanta Colored Bat
talion, claiming that he was not
fairly treated, and that the examin
ing board was composed of Cap
tains who could not properly ex
amine a candidate for a higher rank.
The Governor replied that the boatd
was in accordance with the law and
the examination properly conduct
ed, and that he could not interfere
with,its action in the matter.
A Fail From the Tower.
On Wednesday evening a student
climbed to the top of the water tow
er from the inside, and while walk
ing around surveying the scenery
he stepped on a plank that broke
from his weight. The youth was
thrown from a height of 85 feet,and
would have certainly been dashed
to pieces had he not the presence of
mind, in his fall, to grasp a piece of
scantling by which he held and res
cued himself. He was not much
hurt but bhdly frightened. This as
cent is a dangerous practice, for
some one will yet be killed. The
student fell 15 feet before he recov
ered himself.
No AM far the Sufferers.
W ashington, February 27.—The
replies received from the governors
of Georgia, Alabama and the Caro-
Iinas have been such as to destroy
the chances of the appropriation
for the cyclone sufferers. While
Messrs. Brown and Ransom were
working up this matter in the sen
ate, Mr. Candler brought it into con
sideration in the house through the
right of petition. He had received
a letter from W. H. Simmons and
Lem Allred, of Pickens county, de
tailing the distress among t the peo
ple there, and asking aid. Thus
the question came before the appro
priation committee. Senator Col
quitt said that strong recommenda
tions from the governor* of the
states interested would have secur
ed the passage of the resolution.
The governors’telegrams, however,
have been weakly expressive of a
desire or the need for an a|
tion, and none will be
trees and debris from every quarter. took the stand cleared his : - throat
How any one in the line of the 1
storm escaped I cannot see. Think
of a family of six in a house, ar.d
that house falling down on- them,
and every plank shattered it 1 .,
pieces small enough for kindling;
water oaks, large enough to requite
two men to meet around them,
twisted off as you would a twig and
hurled three hundred yards; a heavy
hind-car carried the same distance; | fo r “drink
a li.’ige orick depot torn to atoms
and ?he tin rooting carried five miles
away, and you may imagine the ter
rific force of a cyclone. No words
can truly tell o*- depict the awful
herror of one; only experience can
prove the fe.trfulness. There is no
crash of falling houses and trees,
only a terrible roar as it sweeps by.
If one has the presence of mind to
watch its course, it is a dark cloud,
shaped like an inverted funnel, and
black as ink in the air, but a solid
mass of fire as it strikes the earth.
As I said, it left the ground just one
hundred yards from my house, and
went a mile before touching it
again. Next morning revealed a
distressingly woeful sight; boards,
sills, trees, railroad iron, dry goods,
groceries, oil, guano, beds, remnants
of furniture, &c., in one promiscuous
heap, or strewn along tne track of
the storm. You could not step
without touching debris of some
sort. Where twelve hours before
stood a pretty and prosperous vil
lage, Was nothing but a heap of
ruins. One man only was killed,
and he was out doors. As to my
own feelings, I do not think I was
frightened at the moment of its pas
sage. My only thought was that
my death was sure—no escape, and
to circle my arms around my chil
dren and die with them. Having
one of the few houses left, I have
been living ever since in one room,
my other rooms being given up to
the homeless.
Your affectionate brother,
G. B. A.
DANIELSVILLE DOINGS.
Sptcial Correspondence Banner- Watch matt.
Daniblsville, Feb. 27.—F. B.
Scarborough, our deputy sheriff, to
day returned from Anderson, S. C.,
where he went with a requisition
for a negro held in jail there, sup
posed to have been George Long.
The negro proved not to be George
Long but George Jenkins, who has
many aliases, and who has been
traveling over tha country consider
ably. Parties in South Carolina
state that this negro confessed that
he had stolen a one-eyed horse in
Madison county, Ga., and as Mr
Winn’s horse which was stolen was
one-eyed, it is thought this fellow-
may be deserving a berth on the
state’s cl/irm string.
Death of Dr. VVm. S. Jones.
Friday, at his residence on Broad
street, Dr. Wm. S. Jones quietiy
passed away from earth to eternity,
and lay down a long and well spent
life among his fellow men. Iledied
surrounded Lv his family and loved
ones, and in the ripeness of age and
white hairs he goes to his well earn
ed and honorable reward. He has
been very feeble of late, and for sev
eral years has been confined a great
deal to his house. His eyes had
also been failing the past few years,
and this kept him from stirring from
home.—Augusta News.
THE TRAMP AT HOME.
Macon Telegraph.
The notorious Sergeant Bates, af
ter a journey of 1,150 miles on foot,
has arrived in Washington city and
made his report. The sergeant is
not pleased with his trip; says that
he was mobbed on several occasions
and roughly treated; that amongst
the lower classes there is a violent
hatred of the union, and the flag he
bore was an object of ridicule and
.derision. In short the sergeant has
organized himself into a whole
blcody shirt campaign, and with
the assistance of the stalwarts will
publish * pamphlet and take to lec
turing.
Too much attention has already
mad VotmaqlaReatraiixi
instsnce'be hsdr '
is thfr verdict fi
A cold fa unlike most visitorsIf yon
want to get rid of it, you must give (t a
warm reception with Dr. Bull’s Cough
Syrup, the standard oongh remedy of
way, swindling
ing for liberty between stations. So
far from being mobbed, he was gen
erally kindly treated and fed, just as
any other creature non compos men
tis would be. This kindness he re
pays with slander, finding a ready
receptacle for his garbage in the
journals that gather missiles from
the nearest swill tub, whenever the
south is to be assailed.
laamn L*fs
When Delilah clipped off Samson's
locks that mighty athlete became “as
other men." If ft could be proved that
thepoeeewion of luxuriant hair would
enable men to tear open lkrns’ jaws,
Hiscox A Co., would be driven wild in
the effort to supply enough of Parker's
Hair Botaam to meet the demand. As it
fa the Balsam prevents voui hair from
falling out, and restore* the original col
or 11 faded or gray. Besides It is a great
addition to the toilet table simply as a
dressing.
and swore that he had seen a crowd
in front of the store and went there
and found the attraction was that
some fellow had proposed to set
’em up. He was considerably
shocked.”
“Was it a high art picture?” ask
ed the Mayor.
“I do not. know precisely, but
learn that they only charged ten
■the usyal price I
suppose.”
Mr. Kenney then took hold of
the ex-Mayor for cross-examination.
The witness statedthat he had never
noticed the picture, and not being
a photographer was no judge of
high art. Had never seen cattla
dressed up, but thought the aver
age Athenian beef would
be improved with a Mother Hub
bard gown on. He was shown
several pictures in the Southern
Cultivator and said he considered
them indecent.”
“If Mother Eve would appear to
day in the costume as worn by Mr.
Blackwell’s tobacco bull would she
be arrested?” asked the attorney.
The witness stated that Capt.
Oliver might capture her with a
lassoe, but was sute that she would
not be molested from close quarters.
“What would you think ol a pic
ture of Apollo Belvidere?” asked
Mr. Kenney.
“I am not acquainted with the
old gentleman,” was the reply.
“Well, he is simply a naked man.”
“I should suppose he was on the
hunt fora good wash hole.”
MR. A. It. HODGSON SWORN.
Mr. Berry Hodgson was intro
duced by the prosecution. He
said:
“I cannot speak for the taste of
others, but this picture does not
strike me as being obscene at all.
You see I can look at it from an ar-
tistictic standpoint, being a dealer
in registered Jersey cattle. If you
suppressed such works of art as this
it would bankrupt one of the great
est industries of our city. I don’t
know anything about Miss Godiva,
or them two stars or Mr. ,Belvi-
dere in his bathing costume; but
when you strike me on the cattle
question I am at home. I think,
however, that Mr. Tobacco Black-
well ought to have sent out a pedi
gree with his pictures.”
MR. C. WASHINGTON BALDWIN
TAKES THE STAND.
Mr. Baldwin was introduced Ly
the prosecution, but proved an un
profitable witness for that side. He
was asked what effect the sight ot
such pictures would have on the
common herd.
“How do I know?” he asked. “I
don’t know. I can tell the effect on
myself, but I can’t tell the effect on
any one else. It depends altogether
on the culture of a person. If a per
son did not have the intelligence to
understand or the artistic sense to
appreciate the pictures, it would ap
peal to the animal that was in him,
or make his mouth water iora piece
of broiled steak. It don’t effect me
that way, and I am very easily ef
fected.”
MR. H. K. NICHOLSON TESTIFIES.
Mr. Nicholson said the picture
was a beautiful work of art. and
was made a better man by looking
at it. He would be glad if every
butcher in town could see that pic
ture and engrave the likeness on
his mind when when he went to
buy beef cattle.
“Can you see anything vulgar in
the picture?” asked Mr. Kenny.
“No, I know its history, and we
have a copy hung up in our store.
It is a work of the highest art and
cost Mr. Blackwell immense sums
of monev. The idea of this pic-
tnre shocking the morality of our
police force, who are not paid
enough to get one square meal of
beef a week, is ridiculous.”
Mr. Nicholson was asked if the
Twin Stars would offend the mod
est He said:
By no means. Haven’t I time
and again looked upon even the
seven stars without blushing, not
counting the array of third-class
talent put upon the stage at Athens
every season?”
HR. EDWIN D. NEWTON SWORN.
Dj. Newton was put on the stand
and testified that, he had visited all
the great galleries of this section
and had never heard that ihe nude
in art was obscenity. He had seen
the original of the Lady Godiva and
had viewed _ it in WatkinsviHe in
company with a company of Amer
ican ladies and gentlemen who were
traveling in Oconee county. He
bought a painted photograph of the
picture and brought it home with
him. He had seen the cabin in
which Lady Godiva lived, and the
statue of the man for whom she
used to work. He referred at con
siderable length to the fact that •
large part of the work of the great
masters in sculpture and painting
was node and said that it was by no
means shut out from galleries on
that accounL He said that in the
court-house at Lexington there
were figures—just as expressive as
{he Durham Bulk Male figures, he
said, were atways represented per
fect. He was asked if the “Temp
tation of St. Anthony” was not vul
gar.
The Doctor replied, “By no
means. Uncle Anthony used to be
long to Col. Jones and he was as
good an old nigger as I ever knew.
He died just before freedom.”
MR. W. s. HOLMAN TESTIFIES.
Mr. Holman says before he could
commit himself it would be necessa
ry to know whether the picture was
of a Jersey cow or scrub stock. If
it was any other breed than a regis
tered Jersey he considered the dis
play ot this picture in Athens a gra
tuitous insult to the Jersey men of
the place. He had never heard of
putting clothes on cattle before tak
ing their photogtaph, but in fly time
he did not think that a piece of mos
quito netting would be out of place.
He thought that Mr. Blackwell
might at least have put a walnut
bush behind his animal’s ears, as in
sects won’t come near their leaves.
He had a few times passed under
the picture, but had never noticed it
until Cran Oliver called his atten
tion to it and asked if he thought it
obscene.
“What reply did you make?” ask
ed Mr. Kenney.
.“I thanked the Captain and told
him that I had just taken one, but
would see him later.”
That ended the testimony.
THE ARGUMENT AND THE DECISION.
Mr. Fuller opened for the prose
cution and contended that the pic
ture of a fat beef was, to say the
least, very aggravating to the
gristle-gnawing citizens of Athens
and should be suppressed by the
strong arm of the law.
Mr. Kenney followed in a short
but happy speech, in the course of
which he read a beautiful extract
on cattle raising from the Dixie
Farmer as also the pedigree of Capt.
Yancey’s Canadian bull. He said
that Athens was an enlightened
city and could revere and appreci
ate such works ot art. The only
question for the court to decide is,
“Will Mr. Blackwell's smoking to
bacco and long-cut cigarettes come
up to the inference drawn from the
picture? If not, then Mr. B., and
not Mr. Lowe, should be indicted
for selling goods under false pre
tenses. He was invulnerable him
self to temptation. Hg. could look
at that picture and then go home
and eat a fried chicken without feel
ing the least bad effects.”
The Mayor, in rendering his de
cision, said that he agreed with the
city attorney in this matter, and be
lieved in the encouragement of art
in Athens. He would dismiss the
case, but recommended that council
purchase a dozen copies of the ox
from Mr. Blackwell Durham, or
Durham Blackwell, and distribute
them among our butchers as mod
els to be used hereafter in buying
beef cattle.
A WELL-KNOWN CASE.
Riley Garrett, s Wealthy Bachelor,
Died in Gainesville, Ga.,
Bequeathing All of His Estate, Valued
at $00,000, to His Only Living
Relative and Life-Long
Friend,
Dr. William Augustus Wheelus, a prom
inent Physician ot Brooklyn, N. Y.
Dr. Wheelus, a Native Georgian, Leaves
a Lucrative Practice and the
Luxury and Refinement of
a Happy Home,
To Receive the Legacy of His Benefac
tor, to Find Dr. Henry J. Long,
, Garrett’s Attending Physi
cian, and His I-awyers
in Possession.
Dr. Wheelus Applies to the Majesty of
the Law, But Dies Early in
tlie Contest.
Susan A. Wheelus Reached Her
Husband’s Death Bed Only
in Time to Bury
Him.
This Lady Renews the Conti st for Her
Husband’s Legacy,
And Is Incarcerated in tlie Common Jai
of Hall County by Dr.
Henry J. Long.
THE FREQUENCY OF TORNADOES
Sew York Herald.
A correspondent in Augusta,
Ga., asks us why tornadoes are so
much more frequent and disastrous
in the United States than formerly;
whether the atmospheric conditions
are changed, and if so are the
changes “likely to continue to pro
duce the same results?”
Though these storms may not
have increased greatly in frequency,
as is gcncally supposed, there is a
good reason to believe that they are
now somewhat more frequent and
disastrous than formerly. The es
sential condition of the birth of a
tornado is the sudden formation of
a belt of strikingly variant tempera
tures. These conditions are real
ized when the polar winds can,
without topographical obstructions,
approach the vapor laden equatorial
currents on the margin of a baro
metric depression. Whatever tends
to remove superficial obstructions
to a rapid coming together of op
posing warm and cold currents fa
cilitates the generation of tornadoes.
Were the Mississippi Valley a
smooth surfaced, treeless waste it
would present the best topograph
ical conditions for the formation of
these desolating cyclones. The de
nudation of the soil, which is now
going on at a rapid rate, must appa
rently have the effect of augment
ing in some degree the number and
ntensity of tornadoes. The defor
esting of the country drained by the
great lakes also may have the effect
of increasing the ascensional move
ment of the air over this vast area
in summer, thus causing the barom
eter to fall, and inducing the ireer
and more violent northward rush of
the tornado-bearing currents from
the gulf.
If, however, this outlook is not
encouraging, the knowledge gain,
-a :«. i.t. j—— of ihe uilgtn, fuiuia
tion and normal movemtnts of tor
nadoes, as well as of the means of
safety upon their approach is con
siderable. Were local telegraphic
weather services established in the
storm tavaged districts there can be
little doubt that the reports thus ob
tained, with the aid of the national
weather telegrams, would enable
local meteorologists also to previse
and successfully to predict the oc
currence of many of the most fatal
interior cyclones.
JAKE HAYES ARRESTED.
A Macro Who is Cbargtd with Balog a Bloody
Bantu County Koktux.
Jake Hayes, the colored Banks
county kuklux, was brought to At
lanta yesterday and was lodged in
Fulton county jail.
Hayes is charged with having
been connected with the whip
ping and shooting of the luckless
colored troopers who fell
tier the ire of the Yarborough boys.
A warrant was issued for him at
the time the offense was committed
but he escaped arrest. A few days
ago information was received that
he was in Madison county, and
Deputy Marshal Green R. Duke,
of Athens, was delegated to go
down and gather him in.
The marshal found the negro on a
farm in Madison county, seven
miles from Athens. He was plow
ing as the officer approached. He
asked what he had done, and was
told that he was arrested on a war
rant charging him with conspiracy
with the Yarborough boys. Hayes
then said:
Why, I left up there to keep the
Yarborough boys from whipping
me.”
He was arrested on Tuesday, was
carried before Commissioner Dun
lap on Wednesday, and yesterday
was brought to Atlanta and lodged
in Fulton county jail. He denies
all knowledge of the outrages. As
he entered tne jail Neal Yarbrough
who is still confined there, told him
“howdye” and said.
“That boy is innocent.”
1 Jasper Yarbrough also stated on
his way to Albany that Hayes was
innocent Hayes is a young negro,
not being much over twenty-one
years old.
An exchange remark* that “the best
teachers are those who leant something
new every day," so we announce this
day that several tbou*»nd important
oures have been made by the use of Dr.
Boll's Cough Byrup.
Ex-Speaker Randall and Mr.
Hewitt, of New York, arenot up
on terms inti macy. In tact, Mr.
Randall refuses to- speak to Mr.
Hewitt ‘ -
refused to give up the estate and
held it as administrator, ignoring
the decision of the Supreme Court
Dr. Wheelus’ caveat to Dr.
Long’s letters of administration
was then on appeal Hall
Superior Court, Mrs.- Susan A.
Wheelus having been made a party
after the death of Dr. Wheelus.
After the execution of their threats
to place every obstacle in the way,
this issue was finally brought in
Hall Superior Court, and, in ac
cordance with her written selec
tion her husband, Hamilton H.
Huggins, whom she had married
thj 1883, was appointed
administrator.
The contest since has been be-
tweenHamilton HHnggins and Dr.
Long and his counsel, Mrs. Hug
gins having waived her right ns
administratrix in favor of her hus
band. The judgement of the
Superior Court of Hall county
was in favor of H. H Huggins as
administrator with the will an
nexed. Long and his council
moved the court to set aside the
judgment and grant him a new
Perhaps no case ever tried in
Georgia has attracted more wide
spread interest than the contest
over the will of the late Riley Gar
rett, of Gainesville, Ga.. For near
ly four years it has been in court,
and as the rightful heir, Mrs. Ham
ilton H. Huggins, now a resident
of Athens, has at last gained her
case, a brief review of its history
will be interesting to our readers.
Mrs. Huggins is a refined and ac
complished lady, and stood the try
ing ordeal through which she pass
ed with heroic fortitude. She mar
ried the eldest son of ovr honored
fellow-citizen, Col. J- H. Huggins,
and will make our city her future
home. Without comment we give
a brief history of this famous case,
and leave our readers to draw their
own inference. Few ladies would
have had the courage to endute
as much ns Mrs. H. in defense of
their rights, and she certainly mer
its the applause of all true-hearted
people for her wonderful nerve
and righteous determination. She
has at last seen herself crowned
with suocess, and surely never was
a victory more nobly won than the
legal triumph of this lady. Our
citizens rejoice with Mrs. Huggins
in her snccess, and their hearts go
out in the deepest sympathy at the
thought of the ordeal through
which a lone woman has had to
pass in our laud to secure her hus
band’s property. Mrs. Huggins is
to-day a heroine, for few of our la
dies would have had the nerve to
desperately face frowning courts
and the bolts and bars of prisons
rather than yield what they knew
to be her just dues. The following
is a brief history of this case, with
the decision of the supreme court
that at last places Mrs. Huggins in
possessiono f her own:
Mr. Riley Garrett, a citizen of
Georgia, died in Gainesville, May
16th, 1880. Immediately after his
death Dr. H. J. Long made ap
plication for temporary 'adminis
tration, and took charge of his
effects. On opening the trunk of
Riley Garrett, after his death, a
will was found bequeathing all of
his worldly estate to William
Augustus Wheelus. The will was
enclosed with a photograph of Dr.
W’heelus. Notwithstanding this
will, Dr. Long applied for perma
nent letters of administration, and
they were granted. In the mean
time Dr. Wheelus was notified of
the death of his benefactor, and
arrived a few days tlierpAft«r TT».
Wlieelus came to take possession
of the property of Mr. Garrett, and
found Dr. Long in possession, who
refused to give it up, claiming that
the paper found was not 3 will.
Dr. Wheelus offered the will for
probate, and Long caveated the
will
The will was dated in 1844. The
case was carried by consent to the
Superior Court. The jury gave a
verdict in favor of Dr. Wheelus.
The case was then, after long and
needless delay, carried to the
Supreme Court This tribunal
sustained the judgment of the
Court below and decided that the
will gave all of the worldly estate to
Wm. Augustus Wheelus.
Dr. Long, regardless of the will
and the protest of Dr. Wheelus,
sold the personal effects of Mr.
Garrett, which sale was illegal, os
a will had been found. The sale of
the personal effects and relics of
the benefactor of Dr. Wheelus’ was
the immediate cause of his (Dr.
Wheelus) death. Among the
articles found as the property of
Mr. Garrett was a watch, which
was sacred as a relict to Dr. Wheel-
us, and which he bought at the sale
for forty-three dollars. Dr. Long,
in his return to the Ordinary, turn
ed 'this watch in as sold for cash
and made affidavit in his return that
the watch was paid for.
Dr. Wheelus left a will bequeath
ing Ms entire estate to his wife,
Susan a Wheelus. After Mrs.
Wh?elus came in possession of this
property Dr. Long and his attor
neys demanded a watch, wMch
they claimed was the property of
Riley Garrett Neither one of the
two watches that Mrs. Wheelus
had received from the estate of Dr.
Wheelus had ever been identified
as the one left by Riley Garrett
Mrs. Wheelus declined to give np
the watch, as she had a right to it
as the sole legatee and administra
tor of Dr. Wheelus. Upon thin
refusal she was arrested and incar
cerated in the common jail of Hall
County.. Mrs. Wheelus was
arrested for a watch that sold for
$43.00, when the entire estate,
which was her’s, and was then in
the possession of Dr. Long, who
was not in the least related to Mr.
Garrett or Dr. Wheelus by blood
or affinty, and who was lending
his power and aid to overthrow the
will of RUey Garrett
Notwithstanding the. 8 _
Court decision in September term,
1882, (and after a long contest of
two years) giving the entire estate
to Mrs. S. A. Wheelus, Dr. Long
Judge Hutchins overruled the
motion for a new trial, and the
case was again carried to the
Supreme Court. The Supreme
Court rendered their decis
ion (wMch we append below,) con
firming H. H. Huggins as adminis
trator of the estate of Riley Gar
rett, with the will annexed. Dr.
Long’s bondsmen made applica
tion to be relieved from his bond
and the Ordinary relieved them.
Dr. Long has now sold out his
property and left Georgia for
Henry J. Long, et. al. )
vs. v
Scsan- A. Huggins, etal. )
By the Court—Hall Justice:
Riley GarrettjOfRandolphcounty,
in tnis State, on the 18th day of
January, 1844, executed his last
will and testament, whereby he ap-
1 ointed Isham Wheelus his execu
tor and gave all his worldly estate
to William AugHstus Wheelus. The
testator died in Hall county, in the
year 1880. The executor named in
his will, died before him, but Wil
liam A. Wheelus, the legatee there
in mentioned, survived him. Wil
liam 4. Wheeius died sho'tlv alter
the testator, and by his will be
queathed his entire estate to his
wife, Susan A. Wheelus who has
since married HughH. Huggins, left
no descendants. W r hen he died he
was in debt to Henry J.Long S25 00
and Long took letters of administra
tion ad culligendum upon Ms estate
and advertised for permanent let
ters* This latter application was
caveated upon the ground that there
was no intestacy. The will was
presented tor -probat* and after a
protracted contest, was finally es
tablished. At the testator's death
he was possessed of a large estate.
Susan Huggins claimed the entire
estate, both personalty and realty,
and on this ground selected her
husband to administer- who made
application for letters ofadministra'
tion with the will annexed. Both
Long’s application for letters of ad
ministration and Huggins for let
ters with the will annexed, were
carried, by appeals to the Superior
Court. The foimer was tried, and
.-.f.-er muen testimony, the issue,
under the rulings and charges of
the presiding Judge, was found in
favor of Huggins, and administra
tion with the will annexed beine
awarded to him by the judgment of
the Court, nnd thereupon Long
moved the Court to set aside this
judgment and grant him a new trial,
not only upon the customary and
usual grounds found in such mo
tions, but upon others, excepting to
various rulings and charges of the
Court, which motion, after being
considered, was overruled and the
new trial refused, to which Long
excopted and brought the case here*
by writ of error,
In Leverett vt. Dtsmukes, 10 Ga.
R 98, most of the questions in con -
t.oversy in the present case came
before this Court and were then de
termined contrary to ihe views now
insisted upon by the plaintiff in
error. Lumpkin J. after showing
that by our statute, the same rules
obtained in regard to tho granting
of lettere of administrat’on as those
that regulate the distribution of in
testates estates, declared it a rule of
the English law, no less than our
own, that administratio 1 followed
the right of distribution. Follers
F.xrs. 116. And „he leason given
why the person having the title to
the estate ought to have the admin
istration, is because he is most in-
to-oofpfi. and will take the best care
of it. 2 Eq. Ca. al. 109, p i., n
I bid 423 pi. 15. So far. indeed, he
continaes, is the doctrine carried,
which gives the administrat'on to
the person entitled to the property,
that though the statute directs the
husband or wife to be preferred,
yet, tl eir claim will yield if the
estate goes to other persons, as
when by settlement upon the death
of the feme, her property is to pass
to her representatives, to the ex
clusion of her husband,, her re
latives shall have the administra
tion in preference to the husband
or bis representatives. Toll 85,
116, Bay vs. Dudgeon 6 Mant. 132
In that case, os it is claimed here,
ho contest was between the next cf
kin and the party having the largest
interest in the estate, there likewise
it happened as here, that the party
having this interest was a married
woman who made choice of her
husband to administer in ber stead,
and there as here, this choice was
affirmed, end the administration
was granted in accordance with her
selection. “If a son dies intestate
and witnout brothers or sistets”
says this eminent juriest “the father
is entitled to the whole estate and
to administration; and if the father
die before administration is grant
ed, administration shall be granted
to his representative, lor the estate
was* an interest vested; and the
Court regards the property in grant
ing administration: 11 Vinev. pi.
25, Culthur va. Wilkinson, 1 Calls
R.*l. This case was decided in the
Court of Appeals in Virginia in
1797 and resembles in principle the
case before the Court. For by the
Act of 1827, (New Dig. 294) as well
as by 29 Charles 11, Ch. 3. (Ib 1129)
the husband is entitled by admin
istration 10 recover al) the estate of
the wife, real and persona], as well
as her rights and credits, and enjoy
ffea oom* witliAiil L* * - _
of 1828, a feme covert cannot be an
executrix or administratrix during
coverture, but her letters when al
ready granted, shall not abate, A
fortiori, although otherwise en»
titled, will they be withheld from
her on account of the coverture.
But, in either event, the husband
snail be entitled to' such letters
upon his complying with the re-
qauttions of the law. New Dig.
827. W. hold these inferences to
beirresistablo.
1st. That by the Act of. 1828, a
married woman cannot be the re
presentative of an estate; and see*
ondly. that wherever she would be
otherwise entitled, and is disquali
fied by reason of the coverture, that
the husband is next entitled in pre
ference to any body else.
This decision has been quoted at
length, not only breause it is well
to refer to fundamental principles
arid to understand how they have
been applied by the venerable sages
of the law, who have preceded us
and from whom we should draw in
spiration and learning to guide and
direct us, but because every princi
ple there set foith and in the Acts
referred to, has been embodied in
our present Code. 2494. and others
of a cognate character. What dif
ference can it make in reason or
law, whether the interest to be ad
ministered is derived from an intes
tacy or a will. The surviving hus
band or wife is first er titled-Ib.
sub. sec, 1, then the next of kin at
the time of the death according to
the law declaring relationship and
distribution, are Dext entitled, but
if the party died testate, the person
most beneficially interested under
the will shall have the preference.
Ib. sub. sac. 2, and as a general rule
to ccver all cases not specially pro
vided for tho person having the
right to the estate ought to have the
administration, ib, sub. sec. 10.
In the case of 3 married womau who
is next of kin, or when her letters
abate by the marriage, the husband
is entitled to the administration ac
cording to the decretioa of the Or
dinary, as between him and other
persons entitled thereto under any
o. the prescribed rules. Ib. sub.
sec. 9.
It is true that in Jones vs. White-
head, 66, Ga., 290, an opinion is
expressed that the party applying
for the admi:..8tration, and who
would claim a preference to its
grant, should be the legatee under
the will of the person upon whose
estate the administration is sought
and must not derive that interest
mediately throunh or front the wills
ofdiveis persons who claim under
the legatee, and while it is conced
ed that this rule may be in accord
ance with the letter of the statute,
yet we tuink that in a case situated
as the one at bar, it would not carry
out the policy of the legislature as
heretofore maintained and upheld
by this Court. Besides, that case
is, in our opinion, distinguishable
from this in its main features, one,
and the most striking of which is,
that the contest there was between
the next of kin who was, in addition,
incipal creditor, and the select-
husband of one who had no
claim or interest, except through
three or four successive wills, be
ginning with the will of a legatee in
the original will, and who was not
the sole beneficiary under that ori
ginal will. Here the contest is be
tween the wife of the legatee, who
was made his sole legatee, before
the property was reduced to posses
ion and before the will under which
he took was established. The wife
although incompetent, by reason 0 f
her present coverture, to administer,
yet has the power, by statute, 0 f
selecting her husband. Long so far
from being a principal creditor was
only so to a trifling extent, and was
not in the remotest degree, as we
are informed by the record, con
nected either by blood or affinity
wi.h the testator whose estate he
sought to administer and whose will
he lent his aid to overthrow and
defeat. To prefer him to one who
is the only successor of the testators
bole legatee, would, as we must con
clude, be a direct violation of both
the reason and spirit of law, and
would undermine and entirely dis
regard the policy of the General As
sembly in its enactment.
_ This contest which settled the
right to administer, has alieady been
unreasonably protracted. The
esta.e should not bo consumed by
on attempt to control its administra
tion, especially as there ie no objec
tion to the fitness of the person
upon whom the administration has
been confirmed to discharge its
duties, and none to his responsi
bility.
Judgment affirmed.
CbBnn's Office Supreme
Court of Ga., A-.lanta, Ga.
Feb., 22, i32 .—I htrebv certify
that the foregoing pages hereto at
tached contain a true and complete
copy of the opinion of the Supreme
Court of the State of Georgia in the
case therein stated, as appears from
the original low of file in this office.
Witness my signature and the seal
of said Court hereto affixed the day
and vear above written.
Z. D. HARRISON, C. S. C. G
The above decision ends this
contest, and confirms the right to
administer on Hamilton Huggins.
Nothing can be said against his
fitness, capacity or responsibility.
AN ABLE CALIFORNIA STORY.
■
be said of him that he was dmin-
istrator contrary to the meaning of
the Act which declares that tho
person entitled to the estate, .is en
titled to the administration. • * *
“It is laid down in Viner 84 (Fielt
Executors) No. 7, on one authority,
that when the wife is next of kin to
tite intestate, the husband shall not
b® joined ip the administration
with her. 12 Viner. 84 Alezer 36.
But it is further- said, that when; the
wife u entitled, and she refuses to
take the administration in her own
b<*roe, the constant practice is to
admit the husband.. Van Thuner
vs. Van Thuner, 11 Viner 84, mar
ginal note, Gibb, 203. By the act
One of the most novel teams on
record is owned by a bey in Teha
ma. _ The young fellow’s flyers are
nothing more nor less than two
large sturgeons, which were caught
by his father in the Sacramento riv
er. The boy’s name is Frank Coop
er. He has fastened an end of a
strong rope to the tail of each fish,
and the other end is fastened to the
bow of a eighteen-foot boat. Two
cords, fastened in some manner to
the heads of the fish, serve as reins,
and the owner of the fishy chargers
guides them up and down the stream
at will. The other day he took a
spin up the river to Red Bluff, ac
companied by three other boys, and
at that place the curious outfit at
tracted much attention. Young
Cooper contemplates a trip to Chi
co, and if the trip thus far is success
ful he will lay in i stock of supplies
and continue his meanderings to
Sacramento. The first day the “wa
ter horses” were hitched up they
“bucked” with all the energy of a
thoroughbred untamed Mexican
the same” without being 'subject'to mus '“ n ?’ i um P in g and plunging
distribution. Whether be survive out of the
her or not, there tore, he is entitled
to tne ado ini tration, because he is
to the property; and it never could
d of him "
igc
as far as their harness would per
mit. But they have been broken
splendidly and cause no trouble to
their proud driver. When they are
not in use the fish are driven into a
large wooden cage, which was
made expressly for them.
Jackson, Ohio, Feb. 29.—Luke
and William Jones, who, with La-
bon Stephens, had been found guil
ty of the murder of Anderson Lak
ey, were hanged to-day. The minis
ter made a prayer lasting a full half
hour. The drop fell at 1:12 p.m.
William Jones struggled but Luke
was still, Ms neck being undoubted
ly broken. The body of WHliam
swung around, his leg being drawn
up till they touched his brother’s-
body, causing a shydder of honor:
among the spectators.