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THE MACON TELEGREAPH: TUESDAY MORNING, JULY 3, 1894. 1. C. WILDER'S SOUS CO., MACON, GA. Contractors and Manufacturers of Sash, Doors, , Blinds, Moulding, Turned and Scroll Work. Lumber, rough end droned. ihlnglo, 1 ath*. and dealers In mixed paints, lead, oils, lime, plaster, cement and builders' hardware. CH TO G22 T HIRD STREET. VELVET” R.ACE8 YESTERDAY. 1 IS t<ML Shot Created Surprise at Sheeps* head Bay Sheopahoad Bay, July 8.—Though thtre vaa but one stake race on today's pro- •. muame. fully 1,000 persons were on Che (rounds here to enjoy the day's sport, fculde from the stake raee, the leading v.ituro of the day waa the hotly con tested, race between Sport and Don Alonso n (he third event on the card. When .he signal had been given, Don Alonso vaa In front, but soon gave way to Stow- iway, who led to the back stretch. At •he turn Sport, lapped to the throat-latch >y "Don," drew a*vuy from the others, Hid the pair raced like a team the rest it the way, but Sport outstayed his rival ind won by a short head, in the race for the June stakes, Paladin lashed In front for a ehort distance, when rho Commoner assumed command and re filled It to the stretch. At this point I Vie Bluffer made a spurt, took a coni- iMiti ling lead and managed, under se- rere pressure, to stave off a terrltlce rush oy Manchester, finally winning by a neck The * surprise of the dgy was the first race, which wan won by Libertine, a 11 10 1 allot. AT THE PAVILION. For what mlahc be called an off day, the attendance'In the Pavilion yesterday has good, and speculation fully up to the average. The talent didn't find the pick tun am winy us It has been for quite a while, and therefore failed to lay up any noney. Hut what do they care for one had day In seven? They con stand It. The cards on the boards for this after- toon speak for themselves. First quotations received In Putsel's Pavilion at 1 p. rn. Post time for first race, 1:30 p. tn. AT tHBVPSHBAD BAY YESTERDAY. Flrat Race—Futurity Course. Time, J.151-6. Libertine, 100; I to 1 .(Mai kiln) Kingston, 120; 2 to 1 (films) 2 Annie Bishop, 04; —— (Hyder) 3 Second nace-Futurlty Course. Time, (.121-6. V>i«; Bluffer, lit; 4 to 1 (Doggett) I Manchester, lit; 6 to 2 (Harrison) 3 Die Commoner, 118 (films) £ Third Race—Mile and one-eighth, landl- r tp. Time, 1.671-6. Hporl, 122; 3 to 1 (Doggett) 1 |x»n Alonzo. 122; 4 to 6 (films) 3 Btowaway, 10U; 6 to 1 (McDermott) 1 Fourth Race-Mile. Time, 1.43. Lonsdale. 112; 2 to 1 (Rrooka) |vl Kearney, 127; 5 to 2 (Kin*) 2 Joe Ripley, 112; 6 to 1 (Penn) t Fifth Itaco—Futurity Course. Time, 1.118-5. Tho Coon, 108; 4 to 1 (Doggett) 1 Harry Reed, 108; 7 to 10 (films) 2 Mosquito, 03; 23 to 1 (Walker) 3 sixth Race—Mile and one-e(ghth. On Turf. Time, 1.65 4-6. Logan. 110; 4 to 1 (Shields) 1 Long Reach. 120; 7 to 1 (films) 2 Top Qiillant, 122; 8 to 6 (Qnrrlson) 3 AT WASHINGTON PARK YESTERDAY. First Race—Nlne-ilJttccnths of a mile. Time, .66. AVttaira, 100; 8 to I.... (Clayton) I Sunup, 108; 3 to 1 (Thorp*) 3 Ussak, 10H; 20 to l (Boscman) 3 Second I loco—Mile. Soiling. Time. *.41\ Little Chris, 00; 8 to 1,,....(Clayton) 1 Hottey. 03; 4 td 1 (Graham) 2 Cun Wad, 07; 10 to 4 (J. Fisher) 8 Third Itace-MIle. Selling. Time. 1.41H. Clclly. 107; 107; 10 to 1 (F. Carr) 1 Greenwich, 07; 7 to 10 (»Ugh) 2 Tho Kitten. M; 10 to I../. (loom) 3 Fourth Race.—Mile and one-foorth. Handicap. Time, 2.07. Faraday. U7; 3 to ...«(Rey) 1 Henry Young. 100; 8 to 1 (Clayton) 2 Prince Carl, 105; I to 1 (Thorp* 1 ) 3 Fifth nnce—Thres-fourths of a mile. Time, 1.15. v _ C.«w Taylor, KB, 8 to 1.. (Thorpe) 2 Lulu T., 83; 6 to I... (F. Carr) 2 Gascon. 109; 7 to (Irving) 3 Hlxth Raco-^nireo-fourths of g mile. Time. \17%. . , Maid Marian. 108; 8 to 5 (Clayton) 1 Mr Abner, 100; 8 to 1...., (Ray) 2 Kthel Gray, 104; 4 to l.....(C. Weber) 8 AT HIIEEPHDRAD BAY TODAY. Flrat Race—Soven-eighths of a ralle.'— I/unplIghter. Ill; Stonenell. 124: Ferrler, 1.-2; Watterson, 1U; Glenmoyne. 109; Merry Monarch, 108; Charade. 104; Mr. Hass, 1(B; Henry of Navarre IB; Shelly Tuttle. 101, Lisety. W): La Mlsere, 98. Second Race-Five furlongs. Vornol Htiikes.—Gutta Pcrcha, 110: Lulu cnily). 115; Romping Ctrl. Kd; Favor Me. let; livrmlntta, 107: Castanet, 107; Roundelay. id7- iligh Point Belle. 107; Umnta. 107; Lux 107; Sweden. 107; California, IK; Glimpse (Ally), 107; Annlselte. 107; Luca- nk\ 107; Applause, 107; EUa Reed, 107; Louise (Ally), 107. . Third Race-Mile and three-stxteentha- 1111,11411, 100; Kir Excess, 100| Qeorge Dixon. )(*>; St. Maxim, 100. . Fourth Race.- Mile gad one.cUhth. 11 a.ndli*«p.--Charade, 104; Herald, 102; Inicrtt, 100; Copyright, 100; Roller, 88; Gal loping King. W. Fifth Racer—Mile. Selling.—Annllnge, PH); Cactus. 107; Copyright. 107; W, R. 107: Marshall, 191 May Win. m2; Arab, loo’ Trortwiro, 89; Bolero, 93: Lochlnvar. wi'wnttcrann. X: MilKKI" WIVI5. Si,Hi lliu i—Milo nu.l MW-*°urth. ‘i'U 1 ' 1 - r ,„i -st. Jnhii, 1«S; S'WithcrnT. IU; Wool- ford, Uf; Jn|Mjnlr*i. IU; St. Anthony. Ml Itu«nnlo. It' Rover. I<«; M*. I ni M;Lau«hlln, 137; ltockawoy. IJ?:MU.s Hwn.tl»h. 135; Qlcnall. 1». AT WAlllSCGTON VAltK TODAY, vir.t ll:u-c—BIX (iirlon**—Aren., 93: Victoria. X; Jim McGuire, X: Ten I 8c«. ,7- Kr.Mnn. ICO: TMHHIM <by Ucnowu). Uoekahl. I'O: alee lloy, 11,. td Race—Vive furlonu*. bjrtor nini I lnx-in May. It; VoliXt, Us Clevelnn.l. ■; l.l»«le, K; Katie R.. SlamoH. N; Madeline, PS. ■Mile.—.laKe Zlnimermnn. 91; Severe iim|H'rU-l). 9,‘; Cl.-rx Roller. l>»y 109; V».»aal, l''J; <■ H. k K„U<\ III. ,I,|H „n>t twenty yar.li. $t; Marian. 1(0; kTiiopaful. X; Rei Root 0J; Ktva, vi; Oapt 4; Joe Murphy, ltd; r Klhrl 1- THK BUPREME COURT. Dedilun* KondcrTil Saturday, Juno SO, im. Pease re. the ottfte. Before Judje Wvxtmoreland. Criminal court oT Ailaota. 1. -jo -datum fraudulently u contri- butaou of dutitliiK amiable fur uae iu pivpxruilf Hie ourjixe et an India;mu perauu fur buriul, oa tile pretext aud false repreat'uuuiuu that a ema.n per- auu known to die cimiribtttur and iu tvluwe Interest the latter would be like ly l<> feel a OetlevolMU latere*!, la dead and burled, wbeu, in fuel, lie is ullt would not neeessury be sample lafOeny even If (be wrong-doer solicit and oo- taia tbe oomr,button witb Intent to obtain the clorbinx Par biaiself and cuu- vert it to bis own use, aud should suli- slvueitily carry the intention in:» ef fect. Where the tvmuvlnr.luu made us immeiitate Kill of the cluthiug to the Impostor, Ole lattir would, on icce.v- iuk piaisivmion, a«v|iilre die title, veaird at the election of tbe donor upon dis- coveriuB tbe fraud. A tru.t ex n.nle- ficio would rise by operation uf law for the beneilt of the contributor. As tbe impostor would bare a title de rived hem tbe contributor, tlioujpi pro cured by fraud, he could not steal the jtoods so Ion;; ns tho title remained In him. Were tho contribution made on tbe contrary its a bailment of the cloth Ini; to be applied to the xliivri.de chari ly us the property at that time of the cootlYbutorAhc title would remain 1 lu the contributor, mid the ixocuelon hy tho ImiHMtur of his pre-oxla'lns pur- jiose to upproprtaUr tho (panls fraudu lently to Ills owu use would louellliltu simple larceny. i!. It results from the f ireaooic that In a given Instance of it fraudulent sl- tempt to obtalu such a omtrllmi/m by sui-Ii minus, It cannot be known whether the attempt In question was to commit simple lauceny or only to rtteai uud swindle, unless It con he ascer tained from tho-evtdeuee to which class the solicited contrihutlon, had It been made, would bavo belonitivl, that Is, whether it would linve been a clft to the Impostor conxumnmUvl In onler that he mlffht nratify his suppos-vl be nevolent tOctOkUlom, or a liailment for npiilt-nrion by blm, as a«vnt of the contributor, to the (iatrMnhlo object. In tills respect the facts of the present case are two meager and too mdeter- mkmtc In tholr iH-aring to wnrrnnt it conrlctlon for tthe nlh-dod nttumpt hi commit Klmide larceny. Whether the cldtlUng would bavo l«H-n (,-lvvn to the ncciLsivl or merely Ixtlbvl to hint hail Ills represenlnlions liecm credited and lmd delivery bei-n made nccordlnsly, lx not nscei'lnlmibje. Most probably Ids deslpn was tn obtain the nrlleles as n ilontrilon. and not ns a mere loll- tnent. i'iie p -rsuu of whom the coa- trlbutlon was solkvled bail tto Inten tion Hint the would-be iniimstor should become i-ilhcr donee or bailee, but took rare not to trust Ids representation as a Im-ds for ilellverlns possession, whether with title or without lb Jtidirmcnt reversed. < Ciiylec Smith f,«- plaintiff in error. X.ew!a W. -Photnaa, eollaitor by brief, CAmXtitutJon Ptlblishlntr Company va. Way. Before Judgo Van Eppa. City Court of Atlanta. 1. Where a Jolut action for llboi was brought by two plalntlfTa, one of them could be stricken and the action pro ceed In behalf of the other. An amend ment affecting this, but not otherwise changing iche declaration, was nu cause for a oontlnuance. 2. Although tho original plaintiffs -were described In the declaration a, J. M. & t'rcd TV. Way jhe declaration complained of an Injury done to then) personally by the publication of the alleged libel, and not of an Injury in flicted upon (them aa a fltvn or partner ship, nu firm or partnership being al K'giM or mentioned, and tile declara tion charging that the libel tended to blacken and destroy the petitioners' reputation for honcety, virtue and In tegrity and expose them to public haired, contempt and ridicule, as well as to damage them In their business, and the libellous nutter being such as ■would seriously Injure reputation apart from any business or any vocation whatever. 3. Where a publication Is llbelloua of two persons t» that each of them would have a right of action against the li beller Irrespective of the uclatance of any partnership between them, that the libel attributes to them a firm namo, la no dbatacic to maintaining at coveral action by either for the publi cation of the libel. An offer of the publisher of a newspaper nwtde pending a suit against him for libel, to open the columns of the poper to plaintiff for any explana tion or statement he wishes to make, counts for nothing on the trial of the action. i. The count did not err In admitting or excluding evidence In charging the Jury or In refusing to uhhnte as re quested, nor In overruling the motion lbr a now trial. Judgment attlrmed. , Dorsey, BmMf A HoweU, fog plain tiff tn error; Bryles 3t Bon, contra. Mitchell et al. va. Andrews. Before Judge Westmoreland. City Court of Atlanta. 1. Where there was evidence both for and agutnat the truth of a plea ad Justmcatlon; the Jury should lln.l agutnat the plea unless It Is sumalncd by a preponderance of the evidence. An Instruction to this effect is nhe same. In substance, as directing tbe Jury that In onler to uphold the plea they must be reasonably satisfied that It Is true. * Where there should be no moral rlg.it to sue out legal prooeee without probable cause. It was not error to tn- •true; the Jury that there would be no an; to d 1 H without emit oauee, and >i«m of )u»:iiktitlon being filed, (be of proof aa to the right would he defendant. was no error In charging the subj-ra of damages; at the defendants below, complained of erro- ihe nonscesMeace efend.tntX tn the ^u;i is lneabed.no raised .’it (he rdk-u and eared and M aa e You may gingle from $3.60.to §7.50 “velvet” in your pocket by coming here at once and selecting one of the Suits we are now selling at from §10 to §12. They are the finest productions of the very best makers and come in EXCLUSIVE PATTERNS, SWELLEST FASHIONS, CHOICEST COLORINGS. Bought in the regular way, prices to the retail buyer would certainly be a third more. We use our power and advantages to create this and like opportunities for our clientage. MALLARY BROS. & CO. MACON, GA. 351 to 353 - - - CHERRY STREET Engines, Boilers, Gins SAW MILLS. Machinery All Kindi. lmniNP PRESENTS ! nMJUllm "ivtivssT 1 PRnPlTQ N0 .“ K t™ nsE i nturllo oe '; m ^;, e ^ d ' | a principal debtor and two euretlca, and having been levied upon the princi pal'* property, the levy Itueir reciting that it wax made to uatinfy the Jrrtereai ot one of the »uretJt* (naming him) tc the extent of the payment made by him ana e me red on the A. fa., and the prin cipal, more than three yearn afterward, having hied an aflldavit of illegality In lejhsia.ice to the enforcement of the Urvy, aetUng up tha-t Che h. fa. waa fully PAltLoIf ou a given date Intermediate the date, or the levy and the date of the affidavit, Tr-Uie payment proved at the trial oaiJalled and extinguished the fl. fa. as to all inli^eat of the surely for Whose benefit 4he levy, according to its Ofirn tel ins. waa made, the affidavit waa well founded and should have b«*cn bus- Coined- 2. The receipt and acceptance by a mortgagee of one-half of the line im posed upon the mortsgor of personalty aa a punilhment for fraudulently selling tho mortgaged properly, operates*by ex press provision of the statute (Code, tec. 4601) to extlhgulsh the debt to secure which the mortgage waa executed. The torm “debt," as used In the statute, embraces interest aa woll as principal; and the mortgagee cannot accept any of the proceeds of tho criminal sen tence without submitting to have Ids whole debt thereby extinguished, whether his share of the proceeds in fact equals the aggregate of the princi pal and Interest or n<n. in this case, the debt, as between the mortgager and tho moiUgngoo was tho Whole amount which tho latter woo compelled to pay, and did pay, to the creditor of the mort gagor upon the debt on which the mort gagee was one of the sureties of the mortgagor, tho mortgage having been executed to Indomnify un<l protect the murtgageo on account of hi* surety ship. Judgment reveraed. D. P. Hill, A. A. Manning and W. R. HodgSbn, for plaintiff in error; Arnold A Arnold, contra. Sllvey A Co., et al. va. Phenlx Insur ance Company et al. Everott-Rhlley- Ragan Company et al. vs. Ph«talx In surance Company et al. Before Judge Lumpkin. FuRon superior court. 1. The title of the act of September 19, 1891, (acta of 1890-91, p. 75) amending section 8331 of the Cork*, Is sufficient, and the body contains no matter dif ferent from what is expressed In the title. The law to be amended being set •ui in Uio hotly of the act, though with a4cw words omitted therefrom, ts ade quately described, and the new matter which the amendment Introduces la cleirly and correct ly a<*t forth. None of tne objections urged to the constitu tionality of the act arc sustainable. 2. As betwconn aitjehmenfa and an ordinary suit, the latter being, com menced on the same day, during which the attachments are levied, there ia no fraction of a day. The date of levy and the date of commencing ordinary suit being one and tho same, the two events are to be regarded as comemporaneoua. 3. When an ordinary suit la com menced. not after hut concurrently with the levy of an attachment, that Js on tho same day. and Judgment In the for- qjor la rendered before Judgment in the utter, the oi-i.T judgment lias priority, and this priority Is unaffected by the amending Act above referred to because consistent with Us provisions. 4. For an auadhmeni creditor to ..ike :k-in neti: of «he Mtd amending act, aa aga\nm a Judgment older than the one founded on the attachment, he must make it appear that -die suit In which the elder Judgment waa ren dered was commenced after the at tachment was levied. The general rule being that the retellv* dates of Judg- mnts control tho order and rank of ihelr Hens, the party who asserts thax an exception applies In a particular instance must prove it. Judgment on the m<Ua bill of excep tions reversed In part; judgment on the croaa bill aUlnncd. » C. .T. C an and Rosser A Carter, lor Sllvey; Payne A Tye, Glenn A Sla ton and E. J. Keagun, oantra; Payne •& Tye, for EveretvRMley-Reugan Company; C. T. Roan, Rosser A Car ter, Glenn & Sia'ton and E. J. Rea gan, contra. Home Friendly Society vs. Berry. Be fore Judge Van Eppa* City Court of Atlanta. 1. Where one redding in Aidants, Ga., who was already a uwanbec of a insurance <whWh they provided for. 2. ‘NGuce to one society's local agents at Atlanta, who received the. applica tions and collected the dues on all three *of tfhe centMoates at membership, but who, so far as APpeores. had no power *to represent the company in making contracts or in waiving condi tions expressed therein, the applica tions having separately and ait differ ent times been forwarded to Baltimore for acceptance, and the ceiftMcafs* of membership having there, separately and at different -thnes, been issued by the society's-general ofTlcers, would not be notice *o the .society of the false hood of the reprenen motion as to non- momfberdhlp contakied'ln. the applica tions, unless ft appeared that no such representalion as to non-hKvnberKhip contained In the applications, unless It appeared that no such representation was actually made to <he agen't who received arid lilted out ithe applications, but that he Inserted the .false abate ment without authority from the ap plicant and without his knowledge. 3. Where two writings are In evidence, their construction being for the court, It is no Invasion of the province of the Jury for the presiding Judge to announce that the writings are or are not necessarily Inconsistent In substance and meaning ns to a particular element, such as the repre sentations they respectively make touching a person's age. Judgment reversed. Dorsey, Brewster & HoweU for plaintiff in error; Westmoreland A Austin, contra. Folsom vs. HoweU, et.nl., administrators, et a). Before Judge Lumpkin. Fulton Superior Court. 1. A demurrer to a petition aa amended opens the merits of the whole pleading to a fresh adjudication, as a conditional order of dismissal made on the hearing of a previous demurrer to the original petition concludes nothing. Thus, where a petition was heard on a demurrer there to and the presiding Judge passed tho order, not dismissing the petition, but declaring that it would be dismissed un less amended within a given time so as to make it good in law, this judgment waa not final upon the merits, but the whole petition was open for amendment within the time limited. And another de murrer tafternards filed to the petition as amended should have been overruled If the petition, as a whole, set forth a cause of action, whether the matter con tained in the amendment aided it or not. L If administrators In selling land aa the property of their eatate represented the boundaries thereof as extending aleng certain lines from point to point, giving the length of each line, and thus misrep resented the extent and contents of the tract, whereby they were enabled to sell ami did sell at a fixed price per acre a tract of land containing IS 6-10 acres as a tract containing 50 acres, receiving pay ment accordingly, the purchaser was de frauded in so far the money paid repre sented the price of the deficiency, whether the administrators knew their representa tions were false or not, provided the rep- nventutlons were accepted and treated by the purchaser aa true and ho acted and relied upon them In making his purchase, .paying his money and receiving the con veyance. If the administrators did not know whsrq the true boundaries of tho tract were, they should not have taken upon themaelvra to point out the same or make any definite and positive repre sentation concernln&dhem which the state of their knowledge dl<l not enable them to make with verity and ctqrectuess. While JOHNSON'S MAGNETIC OIL. Instant Killer ot Pain. Internal and External. Curas HUXONATISM. NEURAL GIA. Lamo lUck. fc»i r*In-. UiuJaa .Hwvlliuo*, 8tl22 JolaU, COLIC an loKAMI'S ln-un'ly. Cholera Ita kes, Croup Pipilicrla. Sore Thro*.. jl!EADA*'lit',4*If bfUUglO, [HE HORSE BRAND, tafftgg&fr ,h>>mnat Powerful an«l I'enot ruling Liniment fur if. .irBcaattnexlftvoce. Larrofl mo 73c., 00c. also 4 JOHNSON'S ORIENTAL SOAP. Mediated and Tollot. The Great 8kln Cur* a 'nee 3*autifiar. Ladles will fled it iho or itrlieat* and highly perfumed Toilet Soap • he ruarkfL It 1* nbao'uteiy pure. Makaa V kin eoft aud valraty aa4 ru«h>rva the loat ooi a lesion t la a hnnrjr “-f “* *— ‘ > a!aj* -• - benofle ul society having headquarters F*rYwan«i.a4iea.n»aLi ■inJ (rixlpel offlee In Baltimore. Bid , raBRSPiSS? and who was the holder of a certificate Maak*. Art KUraiiwa. MofwMat^eiien or tntenbereMp »td»h embodied end ii'lSu n«th f.'f Infaiv "n»^pfoixw' GOODWTN A SMALL, Sole Agents, Cherry Street and Cotton Avenue. Macon. Go. HOLLIN3 INSTITUTE BUTETOUKT MPK1NGS, VIRGINIA. Th«* Uiml and mart tiUnninii " ‘ cO.' camnm in Aaclrai i. LIUr}l»rr,Sririirf*. embraced x policy <K loeurance by tbe eoclety upon tile Me, made a: different anew tvn>, -written nppMcnhm. for membership In tbe exme society, and In each or them made several material repreaemaaione, ut»( them that he was not a member of that society, and tnua obtained on each application a eepantte ceralBoaxe of membership and po.toy of tnaurance upon Mi life, which declaml upon IM (ace that If the rep resentations upon which the certirtcate wax tramed -were nek true the ceettfl- ca.e thou Id be veld, b-ifh these eertt li ra tee a bonk), after tbe diswti or the member, be treated aa void and of no effect, unless tbe comjttny had notice ti some lime before recrivlnc the last lu-- upon acme one of the khree certl- ■t.-Mes that the name Identical person » a member when' be applied for I procured one or both of the addt- a and tbe cumulative Paints, Oils, Glass, Sash, Doors, Blinds, LIME, CEMENT and BUILDERS’ SUPPLIES. T. C. BURKE. Wrife for Quolalions^^aH* Before Placing Your Orders. O- P. & B. E WILLINGHAM, MACON, GA. SASa DOORS, LUMBER M0IIL0l|3l. PAINTS. LIME MD CEMENT. AT LOWEST MARKET PRICES. LEADING WHOLESALE HOUSES. G. Eernd & Co. klaauiaotarars aud l^TAura 4 0AB2tm SADDLERY. LEATHER AND 8HOK FIDINGA 462, 464 anw 438 Cherry 8tre«t. VACOW. GA. L. Cohen & Co., J. J- STACK. Jlanscsr. 4BI Cherry Street, Moeoa, Ga Triers always llio lowest. ••Rauola”—Beet 60. Cigar io Uacoa. Distillers aud Wholesale Dealer* :a LIQUORS. TOBACCO and 013.134 Toriculir attention paid to Orders. MACON SASH, DQQfi & LUMBER CO., INCORPORATED CAPITAL, S60.000. CONTRACTORS and BUILDERS, AND MANUF ACTURBR8 OF Sash, Doors and Blinds, Scroll and Turned Work. Dealers in Paints, Glass, Cement, Putty, Lime, Plaster, Hair, BUILDERS’ HARDWAE, Etc. | the doctrine of caveat emptor —oaid charge tho purchaier with looking out for the boundaries of that tract when tho administrators undertook to locate and point them out. Uiue professing to know them .ufflclently to enable them to fur nish this Information to purchasers, In stead of leaving the latter to their owu resources In acquiring the Information. 3. The plaintiff Is entitled to no land not embraced In his purchase, although some of the tract actually owned by the decedent may have been excluded there- from. 4. The petition seema to be open to the objection ot misjoinder of parties defend ant. and direction la given that It be dia- mlascd as to Mims and Alexander. Judgment reversed, with dlreciyn. John L. Hopkins & Sons and Lewis & Green, for plaintiff in error; T. W. La. tham and Candler & Thomson, contra. ECONOMY AND STRENGTH. Valuable veactablo remedies are u In the preparation of Hood's Sarsapa rilla In such a peculiar manner as to retain the full medlclnnl value of every Ingredient. Thus Hood's Sarsaparilla combines economy and strength and Is the only remedy of which “100 Doses One Dollar” Is true. Be sure to get Hood's. Hood’s Pills do not purge, paid or gripe, but net promptly, easily and efficiently. A WIND STORM. Memphis. July 1.—A wind storm of unusual severity swept over eastern Ar kansas and •western Tennessee last night. Telegraph, telephone and trolly wires were prostrated, in Memphis and street car trade seriously crippled. Bteamboarts were blown from their moor ings in the river nnd drifted helpless down the river. Barges were sunk at Jackson Mound Park. VITAL TO MANHOOD. I)n. E. a WEST'S NERVE AND BRAIN TREAT- 1 MKNT, n specific lor Hysteria, DUxlnett, ritiTSiti rnlgia, Ueadnc'jo, Nervpns Prostration caaaM bi alcohol or tobacco. Wakefulness, Uental Depression*. Softer Injr of Brain, canning Insanity, misery, decay, d^ilh. Fra rn stare Old Age, BarrenttMH, Loss oi Power In either sex, Impotenry, Leucorrhcea and all Female Weaknesses, Involuntary Loue4, Sperms- tafrlKM ama by avar*xtrtion of brsln, Bolf- Rbn«r. t.rer-ln.iiiltff-nro. a mouth's treatment, U, by mail. With each onler for6 boxen, with MACON SAVINGS BANK 579, Mulberry Street. Macon, Oa. Capital and Surplus tue,oiM.N Pays 5 per cent. Interest on deposits of ft and upward. Beal estate loans on tho monthly Installment plan, and loans on good securities at low rates. Legal de pository for trust funds. Will- act ax administrator, executor, guardian, receiver and trustee. H. t. POWELL ....Preaidant H. O. CUTTER Vlca-Preildent J. W. CANNON Caahler Directors—Geo. B. Jewett, A. E. Board- man. II. C. Tindall. H. G. Cutter, p. *. BruhL II. T. Powell, Samuel Altmayar. EXCHANGE BANK, OF MACON. GA. 1 H. J. Lamar. Geo. B. Turpin. Frualdant. Vtcu-Praaidsnt, J. W. Cob an Isa, Caahlar. We solicit th* bualaeaa of iutrohant* plan ten and banka, offtiing than courtesy, promptnsaa, safety and liber ality: The largest capital and surplus of any bank In Mtddls Georgia. THE UNION mm BANK & TRUST CD MACON. GEORGIA. 1L J. Lamar, President; G«Ow B. Tup- plr. Vlcs-Prsshltnt: J. W. Cfcba&is* Cashier; D. M. NalUgan. Accountant. CAPITAL, <200.000. SURPLUS <30.000 Intcrm p-ua oc deposits K per cent, per annum. Economy is the road to wealth. Deposit your savings aa/ they will be increased by interest. Com pounded seml-annunlly. Madison Avenue Hadlson Ave. and 58th St., NEW YORK. Sj ft* day and American flan. Fireproof and first-class in every par- ticular. Two blocks from the Third and Sixth Avenue Elevated railroads. The Madison and 4U1 Ave. and Belt Line cars pass the door. v H. M. CLARK, Paor. - ' Pastengcr Elevator runs all night. WARM SPRINGS. MERIWETHER COUNTY. GEORGIA'. On a spur of Pine Mountain, 1,200 feet above sea level; delightfully cool cli mate; no malaria, dust or mosquitos. The finest bathing on the continent; swimming pools 15 by 40 feet, and In dividual baths for ladles and gentle men. Temperature of water 90 de grees—a cure for dyspepsia, rheuma tism and diseases of the kidneys. New hotel, with all modern improvements. Double dally malls, telegraph and ex press office. Terms moderate. For Information apply. for circulars at C. R. R. office or to CHAS. Jj. DAVIS, Proprietor. HALE SPRINGS. In the mountains of East Tennessee. Red sulphur, iron, epsom, alum and freestone waters. Table first-class. Climate excellent Everything consid ered, the cheupest and best summer resbrt in the South. For particulars and catalogue write to GEORGE A. MURRAY. W» T. J0B2C8T03T, W. A. DAT!*, President. Tice PresidoaL fiowaan U, barn. Bearetery and Treat or« The Guarantee (Jo of Georgia. Writes bonds for casniw* treasurers, **, ministrotora, saejutors. guardians, ra. rs. and does » general dluolary Offlos IM Seoond street.' (IPIflM KTloSTwhUst and Whiskey Habits oured at boms with out pain. Book of par- Stamjwt n£m. — B. M. WOOLLEY. M.D itshall 8L. Atlanta. Go: PROFESSIONAL CARDS. DR. M. M. STAPLER, EYE, EAR, NOSE. THROAT. 668 CHERRY STEBT, MACON. GA. Glasses fitted to any eyes. DR. J. J. SUBER8. Permanently located. In the spa> dal ties venereal. Lost energy re stored. Female Irregularities and poison oak. Cura guaranteed.. Address in confidence, with stamp. 610 Fourth street. Macon. Ga. DR. C. H. PEJSTK, EYE. EAR. THROAT AND NOSE. Sours, 0 to 1 and 3 to 5. Telephone N. Office, 672 Mulberry, corner Second street. Macon. Ga. • DR, 1. H. SHORTER. *TE, EAR, NOSE AND THROAT* Office 588 Cherry St, Maoon. Go. DR J. M. MOORE. PHY8ICIAN AND SURGEON. Office with Dr. K. P. Moore, 116 Wash ington Avenue. Macon, Ga Offlee Hours—7 to< a u, 1 tola ■, 8 to S p. m. B. W. WRENN, Jr. Attorney-at-Law, Atlanta, Qeoroia, OCMMCSOIAL LAW J. M. John,ton. Prexldent. J. D. SUtxon. Vic, Pruldont L. p. Hlllyer. Cxhter. The American national Bank,. MACON, GA. CAPITAL I2SO.OOO.OO SURPLUS.. .. „ 938 000 00 Largest capital of any national bank In Central Georgia. Account, of banlu. corporation, anil lntUridd.1* wll 1 mwlv, careful attention. Oorrrapon. dence invited. OF MACON. GA CAPITAL 1SURPLU S, $260,000 I. C. PLANT'S SON, BANKER BACON, GEORGIA. ESTABLISHED 1833 R. H. PLANT, r&ESiuraT. W. W. WRIGLEY, CASHIER. Banking in all its branches. Interest allowed on Time Deposit*. ^ e handle foreign exchange and arrange travellers credits on Messrs. Rothschild of London for all European points.