The weekly banner. (Athens, Ga.) 1891-1921, June 30, 1891, Image 4

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TUESDi -■ OZBURN’b -SANITY TOUR OF INSPECTION ATHENS WEEKLY BANNER llPnbUsbed Dally, Weekly and Sunday, by THE ATHENS PUBLISHING CO. RKMSEN CRAWFORD Managing Editor. 0 D. FLANIGEN ..BusinessManager. Thk Athens 1>AH.Y banner Is delivered by carriers in the city, or mailed, postage free, to snySdSess at the following rates: *8.00 P«r year, SAOn for six month .$ 1.50 for three months The Wbekly or Sunday Banner #1 .00 per year, » cents for 6 months. Invariably Cash In ad- *Xf5nslent advertisements will be Inserted at the rate of *U>'p r square for the first insertion, and to cents for each subsequent Insertion, ex- cep eon net advertisement*, on wnloh special rales can be obtained. Local notices will be charged at the rate olio cents per line each insertion, except when con tracted for extended periods, wh n special rates will be made. Remittances may be made bv express, postal note, money order or registered letter. __ AU business communications should he ad- ressed to the Business Manager- THE GEORGIA LEGISLATURE- The summer session of the General Assembly of Georgia will convene in Atlanta on Wednesday, July 8th. A great deal of business will come before the two houses for settlement, but the determination of the memr bers is to be finish up all of it in abort asd effective order. The Western & Atlantic question is now entirely removed from the legislature, and the tax act has been finished. Thus two of the lengthen ed pieoes of business have been fin ished, and this will give the General Assembly more time to act on other questions. Among the important bills to be acted on will be the Jackson bill, appropriating about one million dol» lars as a standing school fund. This bill has passed the House and is now pending before the Senate. It will in all probability pass that body. This is a wise provision,and makes clear the way for a system of splen did common schools. The legists tare will be asked to make an appro* priation to the University of Geor gia, and if such action is taken in addition to the common school bill, then Georgia will have advanced to the very front, from an educational standpoint. Another matter that will claim the attention of the lawmakers will be the request for an appropriation of one hundred thousand dollars for the purpose of making a Georgia exhibit at the Columbian Exposition. There seems to be a difference of opinion on this subject, both as to the expediency and constitutionality of such a step, and a spirited debate iB to be expected along this line. The Banner is convinced through Ur. Cobb’s opinion on that subject . that such a step would be constitu- onal, and moreover, we are fully satisfied that the best interests of the people of Georgia wonld be ^ob served by the passage of the bill making the appropriation. The State will be re-districted by the legislative committee, and their report accepted or rejected by the General Assembly. This will be matter of great interest to the whole State. And again the Twitty Bill will claim its share of attention at the hands of the Senate. Mnny other matters of interest will come up, and taken altogether it will be a session full of business and go id work. Speaker Howell will preside over the Unuse with his usual grace and diuuity, while President Mi’.chell will handle the gave) with authority in the Senate. The session, according to the oat- look of many members, will not be longer than forty days. there it is seldom that the summing up by the Judge, as the English call it, or the charge, as we term it in in America, degenerates into an elaborate argument in favor of one of the litigants. “Yet such, we are sorry to say, is the character of the addresB which Lord Coleridge delivered to the jury in the baccarat case; “It was really a speech for the de feudants, in reply to the speech of Sir Edward Clarke on the day pre- vious for the plaintiff, and, with the exception of a very few passages, was not judicial in form, tone, or snbstance.” It is undoubtedly the fact, and a deplorable one, too, that so eminent s Judge, thonght more of the influ» ence and power of W ales, than ot a mere officer of the realm, and the re spect of the people. The delivering of an opinion by a judge iu a case over which he is pre siding, is a bad precedent, and under such circumstances will destroy the reputation for justice and impartial ity which Lord Coleridge has hith erto held. MANY BEAUTIFUL BUILDING LOTS SOLD TO EAGER BUYERS ON YESTERDAY. Profits Made by the Investors-Boule- vard lots the Highest— The Prices Paid on Yesterday, and to Whom the lots were sold. Years ago it might have been look ed upon in a different light, and it would have done well coming from a counsel; but in these days and times men mast have regard for public opinion, for the favor of a QTffeen or even ot such a Prince, cannot win for any man that support and admira tion, which his success in life de mands. A new style of journalistic enter prise has been started in the South The Southern Life, published in Atlanta, has well been called the ‘Puck” of the South. It is a twenty page paper of quarto size, and is full of bright and witty hits, attractively illustrated. It contains matter for every one, for it is devoted to art, literature, politics and society, as well as to wit and humor. Its efficient editor, Mr. John H Blackwood, has been at the work for some time,and has the experience well calculated to give to the people a sheet that will please all. The subscription price is very low being only $2.00 per year. Sample copies may be found at The Banner office, and subscriptions may be sent in here. Considering the excellence of the first publications, the success of the enterprise cannot be donbted. Mr. Clarkson allows that the democrats are bold, bad men, bat he allows that they have been smarter than the republicans in effecting or ganizations and in enlisting the ac tivities of young men. He is even disposed to think that tbe republi cans . might advantageously follow their example. An exchange proposes to solve the question of pnnisbing mischievous college boys in an uniqne manner. It says : Cap and gown should be worn in every college, and then the rowdy coaid be punished by taking his uniform away from him for a pc riod proportionate to his offence. Mr. Gladstone recently remarked that the only two young men of his acquaintance who bought and read books were Lord Rosebery and Mr. Balfour. The sales of land by the Athens Park & Improvement Company de monstrates tbe fact that Athens din is valuable. AN INTERESTING INCIDENT THE SALE CONTINUED. GOOD INVESTMENTS. A PARTY OF RAILROAD MAGNATES PASS THROUGH ATHENS- IS BEING DISCUSSED BY A JURY OF hiscountrymen. WIIAT THhY ARE DOING. Inspecting the Terminal Facilities of the South -A Tour over the er tire Richmond and Danville System- Who Compose the Party. LORD COLERIDGE’S CHARGE The verdict in the Baccarat scan dal has at last been awarded to the defendants. Tbe jury remained oat but ten minutes, and brought in the verdict which has been expected since tiie beginning of the trial. It was in a large measure inflnenced by the charge of Lord Coleridge, tbe Judge in tbe case. In speaking of the trial, the New York Sun says : “In many of the American States a Judge who presides over a trial is prohibited from commenting npon the facts of the case in his charge to the jury, bat must confine bis re* marks solely to a statement of the rules of law by which the jury should guided in arriving at a verdict. I . England, however, much great- lias always prevailed in this respeot. aud the Judges maoi« fest their cwn views of the facts with far greater freedom than would be That Occurred In the Life of the Late Judge Lochrane. The Augusta Chronicle in writing of the prohibition contest now pending in Clarke county, relates an interesting incident in the life of the late Judge O A. Lochrane. It says': Many years ago Athens had a great temperance revival. It was in the lat ter part of the Forties. Clubs were or ganized with college boys and town men, and Buch leaders as the Lumpkins and Dougherties were at the head of the movement, At that ti i e there was young drug clerk in Athens whose name was Lochrane. He did not have a finished education, hut he was a great reader and a fluent, florid speaker. His eloquence was a toast with the students and made him a favorite in the town. On one occasion Lochrane appeared at a temperance banqnet given at tbe Town hall. Chief Justice Lumpkin presided and delivered in bis own exuberant style an apostrophe to cold water. At tbe con clusion of his address, he turned to the young Irishman whom he called npon to respond, and epitomized Irish orato ry in the four words, “Phil lips, Cur ran, Grat-tan, Loch-rane.” The ap plause was deafening and the future chief-justice spoke handsomely at the call of theold chief-justice. Lochrane, made a beautiful personification to the goddess of temperance and touched the heart of a handsome lady in the audi ence who was carried away by. the elo quence of the young apothecary. With a gallantry as pronounced as his elo quence, Lochrane had that part of his address, which referred to tbe “goddess of temperance,” printed upon white satin, and presented to bis fair admirer. Tbe lady was Miss Lamar, of Macon, and she afterwards became Mrs. Loch rane. Many years later when prohibi tion swept over Atlanta, Judge Loch rane, who had been admitted to the bar and had gained fortune and fame in bis profession, added his eloquence to the campaign and made a libation to the S utter of the rarest fluids in his cel- >rs. tolerated in this country. But even! er F- Mr. Chablib Houston’s Condi tion.—Mr. Charlie Houston is now ly ing quite ill at the home of his father on Hull street. He has typhoid fever and his condition is dangerous. His many friends wish him a speedy recov- The continuation of the sale to-day was as great a success as the day be fore. Quite as large a crowd were collected on ye8terdaytmorning at eleven o’clock, and the bidding was every bit as spiri ted. While some outsiders have made in vestments here, most of the purchasers have been Athens people, aud that shows what confidence the people have in the future development and growth of their city. Athens business men and merchants have bought the property right along, and not only with the desire of making a paying investment, but with tbe in tention of building homes, and building them right away too. This will greatly enhance the value of the property, and even the building probability has en abled many to sell the lots they have bought with profit. Some have disposed of the lots they bought, to other purchasers, and have realized on the sale from twenty- five to a hundred dollars. This shows what is in the property, and is good ev idence that it will not be a long time before its value will be doubled. The last of the lots to be offered at auction were sold on yesterday, and they brought v fully as good prices as those sold on tbe day before. This great land sale will mark an era in Athens progress, the influence of which will remain with us for years to come. The low prices for real estate at the present time are due to the dullness of the season, and when that is over Athens will surely get a hump on her. She has, during the past year, outstripped many of her sis ter cities in the state, and her future will be measured by the enterprise of her citizens. Today this assures her of a brilliant and prosperous future and a future, which is not far off. The sale began at II o’clock and was again carried on by Sheriff Weir. The Prince avenue lots were the first ones sold, and all of these brought good prices. Indeed the lots|on Prince Avenue and on tbe Boulevard are the favorites, and tbe Boulevard is destined to be in a short space one of the most beautiful residence streets in Athens. WHO BOUGHT THE LOTS. Lot No. 2 in block 29, situati d on Priuce ave was sold to Mr. E. W Lavender at$775 per front foot. Lot No. 4 in the same block was sold to Mrs. M. B. Lumpkin at $6 25 per front foot. Mr. David Fowler bought lot No. 1 in the same block, and will pay $7 75 for each front foot of it. . In block 27, lot No. 1, was sold to Mr. W. M. Maddrey at $6.25 and was extravagantly cheap at that figure. Tbe next lots were those few left for sale on the Boulevard, the first of whieh was lot No. 8 in block 32. which when tbo bidding bad reached $5.25, was knocked down to Mr. R. D. Mure at that figure. Mr. E. W. Lavender bought lot No. 5 in block 32 at $4 50. Lot No. 5, in block 29, was bought by Hou. E. T. Brown at $4.25 per front foot. No. 2, in block 32, was knocked down to Mr. D. P. Haselton at $7 75. This lot was on the Boulevard, and was one of tbe most desirably located of all. Mr. J. M. Head bought lot No. 1 in block 32, and paid for each front foot thereof, $9.25, at which figure he got a bargain. Lot No. 1 in block 31, went to Mr. H. H. Crawford at $4.50. Prof. C. M. Strahaa bought lot No. 3 in block 26, at $6.00 at which price it was dirt cheap. Mr. W. M. Pittman’s name appears again prominently as an investor. This time he bought No. 7 -in block 26, an J No. 8 in block 23. For tbe first he paid $3.70 per front foot, and for the second $4.25, Lot No. 1, in block 25 was knocked down to Mr. G* H. Yancey at $4.50. Many others were sold besides these, as the sale was continued all the after noon. Twenty-five lots were sold dur ing the day, and they were all good property. This makes fifty-seven lots which have been sold in all, and choice lots they all are too. Mr. Blackburn of Atlanta Bays: “The sale-has been a most prosperous and powerful one. It is a sure evidence of growing power and prosperity in the city, and the time will come when the people of Athens will realize the immense advantage which will come to them from just such a sale as this. Moreover this sale has shown the great interest and confidence which Athens people have in Athens real estate, and that is just the spirit of enterprise which is going to make of Athens one of the foremost of Southern cities. The way in which the sale was con ducted was, in itself remarkable. Tbere was plenty of enthusiasm but no under excitement, and each investor bad full opportunity to deliberate well before be took the step he did. The sale is a de cided success.” Mr. Blackburn’s views are totally disinterested, and are worthy of serious consideration on that account. Tbe Land company are well satisfied with tbe result of the sale, and are con fident that their work will be for the good of Athens. The lots sold better on yesterday than on the day before and with a few more improvements, in levelling and in the roads will make the lols bring double what they sold for. Many of the lots have been reserved for a future sale, and they • will be far more valuable when next oflered for improvements upou the property will be carried on constantly. To those who failed to get a lot at this time have missed a bargain. Tbe work of the Park Land and Im* provementIConipany shows what Ath ens can ana will do. Such a successful sale at this dull season of the year is the best possible evidence of growing (prosperity. A large party of railroad officials and capitalists passed through Athens yes terday. They travelled in fhr'"° private cars which were magnificent!} filled up,and had a special engine for the occasion. There were in the party Gen. Alex ander and Mr. Sol Hass of the R <fc D. system, Maj. G. A. Whitehead, (Sen. Manager of the R- & D., Mr. J L. Taylor G. P. A. Mr. E. T. Charlton, Mr. A. G. Craig, and Mr. Hamilton Wilkins. Toe party c-toie down frera the north and reached Atlanta about ;i week ago They made a tour of ti e sta f “, went over into Alabama, rotund to Georgia and passed through Atheus on their re turn trip ycoierd. y. Their object in making this trip was to inspect the entire Richmond and Danville system, aqd to examine the terminal facilities presented by this sec tion of the South, and pecially iu Atlanta. These they have found the best in tbe South, and with an opening to the sea by the Central system, which is now in the hands of the R. & D., n > better termi nal facilities are to be fouud anywhere They were well pleased - with the con dition of things as they found them iu Athens, and speak of improvements here which will better the Athens sys tern of roads. They were here but a few min utes. They came up by the Georgia road, and left for the north very soon after arriving by the Northeastern. One of the piominent railroad men here remarked on yesterday, that many of the Athens railroad boys would probably soon be oo the loaf. But they are all efficient workers and there is no need to fear. CITY COURT. What Was Done at the Court House Yesterday- City Court transacted a great deal of business yesterday. Judge Cobb seemed to take an espe cial and moving notion i-to his head ; and went about aleaning up the docket Will McIntosh, colored) who stole Mr. J. R. Crawford’s horse and buggy from the tent last Saturday night was sentenced to pay $20 and costs or work six months in the ebaingang. He plead guilty. The case of the Athens Foundry and Machine Works, versus Lamar Cobb Executor, was decided for plaintiff. John Austin was found guilty of car rying a pistol concealed. The case of Cobb vs. Blumentbal was decided in favor of plaintiff. The State vs. John Nicholson charged with killing a mule, was found not guilty. Carter Eberhart was convicted of selling liquor illegally. Adeline Gresham and Tony Baruett were convicted of adultery auil forui cation. A DELIGHTFUL GUEST. Who Will be Here on July 16th atthe Alliance Rally. One ol the most distiuguished guests who will be in Athens on 16th of July at tbe great Alliance Rally will be Mrs. Lease,, of Kansas. Mrs. Lease is a- regular practitioner in the courts of Kansas, and holds her own with the very best legal lumina- aries. She is one of the brai nest wo men in Georgia. Mrs. Lease stumped the state of Kao sas last fall against John J. Ingalls and contributed in no small degree to the defeat of that venomous South hater. 8he will be here at the Alliance Ral ly and will make an address to tbe people. It will be one of the special features of the occasion. OPINION AGAINST HIM. The Proceedings of the Trial Before the Ordinary. Speeches Made, and the Question left to the Ju ry Selected to Determine the ■Stateof his Mind. Ailanta, June 24.—[Special.].—At lanta’s big sensation ie the Ozburn hear ing, coming" up before Ordinary Cal houn in tbe superior court room this morning. The' room was crowded al most to suffocation as Ozburn—a phys ical wreck if there ever was one—was brought in on the arms of two stout bailiff’s. In the hearing that followed he sat as one dazed, paying absolutely no attention to anything or anybody. Both the* State and Ozoum’s relatives were represented by attorneys, ex- Speaker Clay being counsel for Ozburn. A jury was obtaiued wilhout much dif ficulty. The personnel of the jury is ex cellent. In fact twelve better men could not be gotten together in Atlan ta and it is safe to say that tbe people will abide by whatever decision they may reach. The jury consists of: Dr. J. B. Baird, Dr. J. M. Alexander. T. B. Neal, L. H. Beok, W. W. Boyd, E. P. Chamberlain, A. T. Haltiwanger, H.C. Stockdell, G. B. Adair, George S. Lowndes, J. H. KetneTf, A. J. Mc Bride. Dr. Gnffln, county physician, who has had the best opportunity of study ing the man, swore positively that he is insane. Dr. Stiles, who has also been at the jail many times and has studied Ozburn, was unable to be pre sent but made affidavit that he is crazy. Dr. W. D. Anderson, pastor of the firsi Methodist church, who has known Oz burn all his life, gave some interesting testimony about a visit to the jail wheu Ozburn failea to recognize him. A rel ative of the doomed man swore that there is insanity in the family, several of Ozburn’8 cousins having been in the asylum. There were several other wit nesses this morning, much of the testi mony being rambling and not satisfac tory from any standpoint. THK AFTERNOON SESSION. The afternoon was devoted to the ex animation of witnesses, most of them doctors who testified variously as to Oz burn’s saneness or lack of it. Opinions differed very decidedly, but the preponderance so fai as quantity was concerned seemed to be against Oz burn. The night session is still at midnight, being held. Speeches have been made by Hamil ton Douglass, ColoneliBroyles, and Col C. D. Phillips, of Marietta, for Ozburn, Solictor-General C. D. Hill aud W. U Glenn, for the State. At 10:30 o’clock the jury was asked whether they preferred to Btick it out or adjourn until morning. All voted to stick. There is no telling when a decision will be reached. . CONVICTS BODIES. A Quiet Wedding To-Day,—To-day at twelve o’clock at tbe residence of Mrs. A. E. Grady on Barber street, Miss Mattie Nicholson Grady will be joined in the holy bonds of wedlock to Mr. W. A. Kennon, of Brunswick. Mr. and Mrs. Kennon will make Bruns wick their future home. Continuing The Work.—The work on the electric line continues. The wire will be strung around the down town belt at once. It was brought down »nd deposited on Claylonstreei ycaicido) and work will be begun to day. An Edtjr Ma* rim*.—Editor W. A. Sharklel rd, of tb Og. timrpe Echo is now a married man. He led to the altar Tuesd; y Mi ;s Annie St' phens, of Stepb> nson, G‘ orsjia. Mr. Shackleford is one «-f the b«*t editor* hi Georgia and his y .uiHr wi e is one ol the most charming of Jut'ios. After diphtheria, scarlet fever, pneu monia, or any other severe illness, there is no better tonic thag Hood’s Sarsa- fbarilla. Prof. Wilcox Leaves.—Prof. 'Vil- cox leit ti t* city yesterday I*** New York, where he will take the "steamer Nebraska In *he early "part of Jnly ,or Gla#go-.», Scotland. Ho will travel trough all the principal counties of Europe- Mr. Jamie Camak 1- ft with him and will mee his auut in Eng land- THE WHOLE ALPHABET Of pain yields to Clark’s Lightning Lin iment. It is equally effective in inflam mation of the kidneys, bladder, or bow els, congestion of the lungs, sore throat, difficult breathing, by°terla. croup, dyptheria, headache, toothache, neural, gia. rheumatism, agu-», chidblain-j, frost bites, bruises, c-ughs, colds, sprains, I pains in the chest, back or limbs. Ask t for Clark’s Lightnin: Liniment, and. take uo other. Price fifty cents. Clark ^Chemical Co., Ifow York. 1 Brought to Atlanta From the Scene of the Riot. Atlanta, Ga., June 24.—[Special.]— The bodies of Lansdown, Ward and Green, three convicts killed at Cole city were brought to Atlanta to-day. Lans- down’s body was claimed by relatives and turned over _to them. The other bodies have been delivered to the At lanta Medical college and put in the pickling vaults, there to remain thirty days unless claimed by relatives. If not claimed they will be turned over to tbe tender mercies of nfodical students. Advices received at the pen itentiary office today state that another convict has died. It is presumed this is Palmer. Palmer was one of the fa mous robbers who figured in tbe fight on a train between Pittsburg and Cleve land, Ohio, several years ago. A reward of four thousand dollars had been offered for him, and Northern authorities have made many efiorts to get him.' He was sent up from Tbomasville for burglary. Once he escaped from the Thomasville authorities and shot tbe sheriff who was pursuing. He and Ward were considered the most desperate characters in the peni tentiary. MeBlree’s "Wine of Gardni tor weak Nerves HARMONY GROVE ITEMS. Interesting Dots About People In the Grove. Harmony Grove, Ga., June 24.— [Special]. Mr. Crawford Little, a prosperous planter of Franklin county, is In our town today visiting friends and rela tives. Mr and Mrs. Walter Williamson, of South Carolina, are on a short visit to their many friends in the Grove and vi cinity. Mr. B. B. Sharp, a widd awake young business man of our town, goes down to Athens today on business. Lumber aud brick are being hauled in large quantities for Messrs. Power & Williford’8 larjgo brick store. A long special freight train passed through the Grove this morning loaded with toe far famed Georgia water mel ons. Mr. Dorsey, one of Athens’ best known and most popular drummers, was in the Grove this morning selling aoods to our merchants in large quan tities. . ' McElree’8 Wine of Cardui and THEDFORD’S BLACK - 0RAUGHT are for sale by the following merchants in E S Lyndon, Athens, Ga. J B Fowler, near Athens. J W Hardy, noat Athens. R T Brumby & Co., Athens. L D Sledge & Co., Athens. Cotton Planters. Iron -A.ge Cultivators- Clark’s Cutaway Harrows. "W eeding Hoes. —AT— Talmage & Brightwell’s. The#Ba^er#Job#0fftee. NO. 13 NORTH JACKSON ST., [BANNER BUILDING], Why You Should Patronize the Banner Job Offe When one has work of an artistic nature to be executed, lie naturally ca ries it to the very best artist convenient. Of course, an expert workman a». skilled mechanic has the latest and best macliin»: i enable him to aceomwa the most satisfactory results. No one wishes to put .».o a workman w.io ilo.v not keep abreast with the-improvements of the day, for It i .in impossibility W aim to turn out a novel and artistic job. • In printing, style* are constantly cl ' u S' Ing. Type faces that were popular last year, are now rarely used. Better inre® are seen by the most casual observer. OUR TYPE -PACES ME ALL NEW In The Banner Job Office there is to he found the largest selection of and artistic type in Northeast Georgia. If you have a Poster as large as “ per to print, and want it executed in an attractive style—in a style that wil. ci < the eye”—Tns Banner office is the place to have it printed. If you have an i • vitation card that you wish to appear as if it were lithographed, send it to us. fact, we qave the best selection of type for any kind of work that is printed. THE B-MNES JOB PRINTERS. without skilled m-vta** ffice. W' l«v of printing No matter how good material a shop may have, the best results cannot be obtained. It is even so in , the most artistic and skillful printcrs'to be obtained. We refer you to s ? m P*“ ^ our work for proof of this assertion. After all, one’s work is the best . which to judge his ability. We have no “cubs” to “butcher” work. mom Without good presses, it is impossible to turn out first-class work. ^ jobs, which are otherwise artistic, are spoiled by poor press work, Banner Job room there ape five of the finest presses made—Adam’s 1 ateu • Press, The Cottrell & Babcock Cylinder Press, two of the latest improved ■ presses and Golden’s Pearl, WE PRINT ANYTHING That can be printed. Onr Stationery is the very best, and our prices aie iuglylow. If you wish the very best results, don’t wait ’till your st * j gives out, hut send your work in now, so that we may have time to nia *■’ truly artistic job. THIIEO. MABKWALTBB, manufacturer iof GRANITE AND MARBLE MONUMENTS AND STATUARY. Importer Direct and Contractor for BuilOicg Stone. Marble Wainscoting and Encaustic Tile Hearts AGEN1 FOR CHAMPION IRON FENCE CO, OT* The beat in the world. Kew Designs! Original Designs! ! Low Prices n Prices and Designs cheerfully furnished. gyiB All w°rk guaia» ‘ OFFICE AND STEAM WORKS, 529 and 531 BROAD ST , AUGUSTA.GA. March 16- wUr. JP.SSK THOMPSON & CO.. MANUFACTURERS DOORS, SASH. BUNDS YELLOW PINE LUMBER, MOULDINGS, BRACKETS Dealers in Window Olass —AND— BUILDERS 9 HARDWAB^ PLANING MILL AND LUMBER YARDS, Hale St., Near Central R. It. Yard, Augusta, G&- Dec. 17—wly. v. * c.