Newspaper Page Text
TOE MACON' TELEGRAPH: THURSDAY MORNING, JULY 18, 1901
An Excellent Combination.
The pleasant method and beneficial
effects of the weir known remedy,
bYBUF OP Fios, manufactured by the
California. Fig Syrup Co., illustrate
tlio raluoof obtaining* the liquid laxa
tive principles of plonts known to be
medicinally laxative anti presenting
them in the form most refreshing to tho
taste and acceptable to tho system. It
isthnono perfect strengthening laxa
tive, cleansing the system effectually,
dispelling colds, headaches and fevers
gently yet promptly and enabling one
to overcome habitual constipation per
manently. Its perfect freedom from
every objoctlonabla quality and sub
stance, and Its acting on the kidneys,
liver and bowels, without weakening
or irritating thorn, make it tho ideal
laxative.
In the process of manufacturing figs
nrc used, as they aro pleasant to tho
taste, but the medicinal qualiti* >,( t!..
remedy aro obtained from senna ond
other aromatic plants, by a method
known to tho California Fio Strop
Co. ouly. In order to get its beneficial
effects and to avoid imitations please
t • ■ 1 1• • > • •• rlli f 1 I I t( ••ni| . n \
printed on the front of erffjr package
CALIFORNIA FIG SYRUP CO.
KANSAS DROUTH
COMBS TO AN END
I*nrt of tb<
Jul;
17.—C
KANSAS CITY,
erous rains fell this afternoon over the
larger part of the corn belt in the
Southwest. The good that will result
to late corn and pastures will undoubt
edly be great. Scattering showers fell
over the Southwest last night und to
day, but In most places continued ac
counts of Intense heat were reported.
Reports from many counties assert that
today's rain, following what Utile has
fallen within the past forty-eight
hou rs, will Insure at least half a corn
crop and n^ake pasturage sure.
TOPEKA. Has., July 17.-The rains
that have fallen in Kansas lust night
and today had practically assured a
corn yield of lit least 00,000,000, and
yield may even be greater. The
state Is under the Influence of a low
barotheter and more rain Is expected
tonight.
Supremo Court of Georgia
mu
ler.
-.10 JuJg
[*and-
$2.64
MACON
$2.64
BAN FRANCISCO, CAL
iX'UISVILLn. XT. NEW TO JUT. R
For hols by all .-ITiu U* per t
COUNT TOLSTOI
SERIOUSLY ILL
Hide
Fish, J.—I. It if not erroneou
the trial of a criminal case, foi
Judge to charg- the Jury: “Wher
xtate makes out a prlma facie case,
that Ik to say, u case where the Jury
would be authorized to convict If n*»
other evidence were offered, and the
defendant offers an alibi as a defense,
the burden is on him to make it out
by a preponderance of the evidence;
that Is, by th* greater weight of the
evidence: but the evidence offered as
to alibi Is to be considered along with
all the other evidence, in order to de
termine whether the guilt of the de
fendant has been shown beyond a rea
sonable doubt."
2. The circumstance that a witness
uhi t<stifles in behalf cf the accused
In a criminal -esse Is his relative, or
the fact that such a witness Is Jointly
Indicted with the accused for the of
fense for which he is on trial, may be
considered by the Jury In passing upon
the credibility of such witness aryl
weighing his testimony; und general In
structions to this effect were not erro
neous.
3. This court will not Interfere with
the exercise by the trial Judge of his
discretion in denying a motion for a
continuance, when the facts in conec-
tlon therewith, as certified by the
Judge, are sufficient to warrant the
Red- conclusion that the motion was not
made la good faith.
4. Though the trial judge may pro
pound to the accused Irrelevant and In
appropriate questions, this affords no
BQJv, cause for a new trial, when neither the
I questions nor the answers thereto were
with j*
To
ST. PETKR8BUUO. July 17.—News
paper dispatcher received from More
say Count Tolstoi Is seriously 111
gastric trouble and say has friends and
n-latlves have been summoned to his I upon the trial of the accused^
bedside, | 6. Where the law provides for a
Count Tolstoi hns often been over-1 term of the superior court to extend
ATLANTA
and
Return
o
49
4)
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O
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SUMMER
HORSE
GOODS
by serious attacks of this nature,
but hope if entertained that he will
again conquer his Hines*. He never
complains, though he suffered from hki
attack of gastric fever last winter.
IIAIK OlltT ON Tim WAIl.
beyond one week, nnd the Judg-
any day of the first week, orders that
the court take a recess until a named
day in the next week, the court may
lawfully assemble on that day, and
when assembled it is In lawful session,
though there be no order calling a spe
cial term or directing an adjourned
term of the court to be held during
that week.
0. Though tho statute provides that
"when a superior court Is held for
longer than one week, the presiding
Judge shall draw separate panels of
petit Jurors for each week of the court,"
yet where the judge draws jurors for
n term, and they uppear and seYve ur-
Ing the first week thereof, an subse
quently, by irectlon of the court, appear
»«.. replying, ti»ok a sanguine view' of 1 * or "f r X ,ct ! durlnic the next week and
d the sltuutlon In South Africa, lie said
■ il.«* Government's South
Afrlrnn Policy.
I LONDON. July 17.—Hlr William Ver
non Harcourt, Liberal leader, made a
speech In the house of commons today
attacking the government's South Af-
49 rlcan policy. He was throughout un
fa 1 doubted I y pessimistic, and drew ungry
1 Interruptions from Joseph Chutnber-
rfto loin, the colonial secretary
I Ir-r roiilvlnv Iruik a (in m-iit....
nr* duly Impaneled for such service.
O l nobody doubl'd tho war would won l““? “£»» «>• ,rlal ,elon >' «*«* arc
I bo over, ami when the Hoorn rccoiriill.il l’ ut u|lon ,h ' “ < 'cu«ed oi> n port of tlio
O ! that they had been thoroughly beaten i which
ll SORE BACK FAB li
__ they had been thoroughly beaten ... 1 . . . - . - . . . . ,
and had returned to peuceful occupa- }*** i r J* 5°,
49 tlon-*, Intercut on th. Transvaal q, be» ' to the urray upon th. ground
K I and alnktnil fund would ho . aslly pay- ; lhat these Jarora "had b«m .om.„„„.n
j able out of tho futuro revenue derived j
() from the new colonies.' The finance ! resummoned for the
jIMITET) returning
JULY 21ST.
SATURDAY, JULY 20IH, 1
For Accommodation Macon Driving Club and Friends.
Individual tickets. Ratos opon to all. Rate of ono fare from all stations, Macon to
Jonesboro, inclusive. For any information telephone 305, or call on
J. M. MALLORY,
Tray. Puss. Agent.
J. W. BLOUNT,
Pass. 'Agont.
E. P. BONNER,
Ticket Agent.
49 •-
49
49
49!
49
49
.MEXICANS IN CHARGE.
8 S. S. PARMOLEE, 8
I KAGUE PASS. Tex.. July 17.—The
49l Ml ' xlron International railway today
49
49
been summoned
had not been
1< a |)*Ml t i I; M
trial occurred, did not raise th* ques
tion tliut they had not been properly
drawn to serve during the second week,
nnd the court committed no error In
overruling It.
7. Certain written requests to
charge were properly refused, because
not warranted by the evidence. .There
was no error In falling to charge that
the testimony to corroborate a Confes
sion must connect tho accused with the
barged. There was ample cor
roboration of the confession of tho ac
he testimony of the nccmpllce
was sufficiently corroborated by cvl-
jnee which connected the defendant
1th the perpetration of the offense
urged; the evidence ns a whole fully
arrunted the verdict; and there was
trial.
Judgment affirm -.I. All the justices
concur.
J. I\ (.ollghtly, Arnold A- Arnold,
Claude Smith anti J. D. Smiles, for
plnlntlff In error; J. M. Terrell, attor
ney-general. W. T. Klrnsey, solicitor-
general, L. S. Itoun nnd C. 8. Hold,
contra.
lotion
if the Jury has met with the
of the presiding Judge. It Is.
a case In w hich apparently his
i would have been wisely ex-
» employ of Europeans are frequently, erelsed In granting a new trial,
itcu and robbed. Judgment affirmed. All concur.
military authorities here! M. U. Eubanks, for plaintiff In cr
inged for the withdrawal of all' ror; Moms Wright, solicitor-general*
Herman troop* In Pekin, except tin* contrt
ch vs. State. Before Judge
llenry. Floyd superior court.
Lumpkin, I*. J.- No complaint* being
h f i. il'n'i' 1 ’ h ' y W-w »» Plalnt’B* .»1n* by a nninti
11 bi lng old* m< warranting a find- | nex t frlen«L tho ground of the motion
that the accused was guilty of th* i being that no gusdlan nd linten has been
iiise with whh h he was charged, appointed, !•
Judge Hart.
591. Stiles vs. state. Itefor
1'utnatn superior court.
Little. J.-l. Whether the evidence
for the state was overcome by that In
troduced In behalf of the accused, nnd
whether the alibi sought to be proved
was sufficiently made out. were ques
tions properly left to the Jury, which I debt walvi
determined them adversely to thi
plaintiff In error; and their finding be-| ISA, Yhi h*Y
tug authoiiied by the evidence, the ! amount nv hi bv such iuretr In
verdict will not bo disturbed. tinn of that debt.
2. There was no error in the admit?-1 5. Exceptions to an auditor's
plott of the dlngrfcm. preliminary proof which are so general In. their tci
tlsements in a newspaper published at
tho county site of his county, if one
there be, the proprietor of which Is
willing to do the advertising at the
rates prescribed by law. At* between
two or more papers so published, the
publishers of which will accept those I
rates, he has the discretion of mak
ing a selection.
Judgment affirmed. All concur.
13. F. Walker, for plaintiff In error;
K. J. Hawkins, contra.
595. Western and Atlantic Railroad
Qompany vs. Ferguson. Action for
damages. Before Judge Fite. Whit
field superior court.
Cobb, J.—1. The duty Imposed by law
upon all persons to exercise ordinary
care to avoid the consequences of an
other's negligence does not arise until
the negligence of such other is exist
ing nnd Is either apparent, or the cir
cumstances are such that nn ordinarily
prudent person would have reason to
apprehend Its existence.
2. Failure to exercise ordinary care
on the part of the person Injured, be
fore the negligence complained of is
apparent or should reasonably have
been apprehended, will not preclude a
recovery, but will authorize the Jury to
diminish the damages In proportion to
i the fault of the person Injured.
1 2. Th? evidence authorized the
I diet, and the discretion of tho trial
i Judge in refusing a new trial will not
j be controlled.
Judgment affirmed. All concur.
Payne & Tye nnd R. J. & J. McCnmy.
for plaintiff In error; Hoke Smith &
H. C. Peeples, contra.
6M.—Rosa et si., administrators, vs. Bat
tle, et nl. Exceptions to auditor's re-
Refore Judge Littlejohn. Schley
superior court.
Lewis. J.—1. Overruling a motion to dt»-
to minors a petition wherein
0-0-0 O—O—O—O—O—0—0—O-O—O— 0-0-0-c
STRAIGHT
RYE.
PENNSYLVANIA MAKE.
FIVE YEARS OLD,
GUARANTEED.
How enn you get better f
9<>—O-O'O—0-0—0-0—o—o—o-o—o—
WILSON’S
PURE RYE
WHISKY
FAMOUS.
Ilofticd ,M»ld nnd gunrnnteed l>y
Beddingfield Bros.
O’Hara & Callaghan.
Oldest Whiskey House
in Macon.
Keep eniiNtuntly on baud the pur
est Whiskey*. Wine*. Ale* mid
Porter*. They nr* Just putting on
the market their fnmoa*
William Berkele Six Year
Old Whiskey.
Four full quarts for jfUt.M). charge*
prepnlil nnd pneked In plnln en*e
without mark*. Other good* as
follow SI
tneky Sour
N. C. Corr
Mnnli, per gnl. .Ifli.SO
• per gallon.. . . 1.50
lire It ye, per gul 1.40
old.
qun
Mill Creek Cab!
et II ye
1.00
34)0
* Stump Gin
rnon, eight yenrs old... 1.00
quart, or tf.'t.r.O per gallon.
t Stamped, S-year-old Ilye
gallon 3.50
In nn arrmintlng between nn admin
istrator nnd the heir- of Ms Intestate, he
Is not entitled to credit for rums expended
by the sureties on nls Bond in ■ settling
debts of the estate, when It appears that
the latter have been fully reimbursed by
a conveyance to them of property not
belonging t othe estate, ond under circum
stances which will prevent thon from
assert‘rg. either against the estate or the
administrator, any claim nosed upon the
f»e| that they hive nettled such debts.
3. Nor In such an accounting ran the
administrator lawfully charge against the
h. u ‘ ■ 1 r litinri m
brought about by*his own fault of ntls-
rtebt due bv the estate
also suretv upon the be
f that estate, •
all claim
a surety upon a
r n deredent, .and
I of the ndmlnis-
cr paying off the
r reimbursement
r the Administra
te a settlenaent
to credit for the
irety In .Mtlsf.ae-
report
,§ that
Istlnctly point
of Its correctneen having been made. distinctly
» Will m.l b. pr* nuui'mI that .be jury|"“| uT.' l„Vn"Vl
undertook to decipher words thereon complain are without legal merit.
jurt directed to be erased.; «. it doe* not. In th« present cas
so far as appear*, would I appear that the court erred In orvrrulli..
it. on Inspection, be read- the exceptions of the plaintiffs In error
I to the auditor's report, or In rendering
•di “cotton rrwowritten 1 JJ* «««*"* “> 'n th. bill 01
im a, Jee.-rtptlve of nn I' jM.iemrn't .fTIrmrJ. All coneur.
ited nt n particular place j. A. Illxon. Dodson. C. It. Me-
not render the diagram Orory. and E. B. Hart for plaintiffs In
In evidence, when the error; J. If. Lumpkin, contra .
.. . |t|| tctincj that - T ._ 1IfI)ow „ Ju1l , „, n
ry. Floyd superior court.
Fish. J.—1. Errors alleged to have been
committed upon the trial of a special *plra
of misdemeanor In a criminal case
not constitute and can not be consider
as proper ground* of a motion for
r*w trial In the main case; and this i*
although the came Jurors passed upon the
special plea and upon the **0*0 In chief
It appearing that th* two Investigation!
were conducted Independently of each
other, that the Jurors were separately
sworn In each, and that there was no
direct motion to set asld* the finding on
the special pies. Kneeland vs. state, 13
0*t. Hoisclalr vs. state. W da. 4U.
i An Instruction In a criminal case com
plaining to the Jury the elements
and In hie evidence do-
d la nee as n cotton presn.
firmed. All concur.
le, Howard A Crawford I of mlsdemean
kina A Son. for plaintiff
J. Lewie, sjIIcUor*general,
mtra.
Fit ONE 407.
O’HARA & CALLAGHAN.
330 COTTON AVENUE.
ords "cultivated land" in thla
section arc not Intended to auply to such
land only ns at the time has growing
crops upon It. If it is actually prepared
tt crop, or If it has been used for
growing crops, and the owner Intend to
devote It. In due season, to such use,
trespass upon it may bv punish’d under
Is section.
j. The evidence warranted the verdict,
and there was no error In refusing to
grant n no wtrlal.
Judgment affirmed. All concur.
Roland Kills. Mlnter Wimberly and D.
V. It* untree for plaintiff In error; Wil
iam Brunson. *ollcUor-genernl, contra.
1JE0KG]
•X).—Kollrko. guardian.
Equitable petition.
Habershn
J Webb et nl.
Before Judge Estes,
•rlor court.
trial ts
pen to criticism on the
1 that the state failed to make out
«e. On the contrary, the Jury should
formed of the enme charged. In
order tc enable them, by applying the
law to the facts establish*! by the evi
dence. to determine whether or not the
accused Is guUtp.
1 The charges complained of. which
•re dealt with In the preceding note,
embraced corerct and familiar principle*
of law. were fully warranted by the evi
dence. ami were not In any sente preju 1'-
ctal to the accused. There was ample
<.>•!<« n>« to -attain th-’ verdict, nnd no
error In denying n new trial.
Judgment affirm*-!. All c- nrpr.
Henry Walker for plaintiff tn error;
Hose* Wright. so!tci?-jr-g*-neral, contra.
gpt.—WUllams va state Before Judge
Feltcn. Houston superior court.
Little ,J —The evidence fully sustained
the verdict of the Jury. The error of the
- - — tn Inaccurately stating the
T the defendant, taken tn con-
k sit the instruction* given.
Habersham superior court.
Cobb. J.—1. The action being against
four persons jointly, a Judgment on de
murrer dismissing It ss to three of them
Is Anal In Its nature, and may he brought
to the supreme court by the plaintiff while
the cose Is still pending In the court be
low as to the other defendant.
2. Remaindermen, whether their Inter
est be vested or contingent, may appeal
to a court of equity to prevent the life-
tenant from wasting and destroying .the
corpus of the estate.
Judgment reversed. All coneur.
W. T. Crane. T. 8. Bean. L. E. nieck-
ley and Robert McMillan for plaintiff: J.
B. Jonea and XI. H. Dean for defendants.
601.—'Wahsllngton vs. state. Certiorari.
Before Judge Seabrook. Liberty supe
rior court.
Lewis. J.—1. When In an Indictment the
given name of the defendant was so writ
ten that It was n matter of uncertainty
wkhetber it was "Surrena" or "Surrencc. *
It was not erroneous on a trial of a plea
of misnomer alleging that the given name
of the defendant ws* “Serena," for tho
Judge to submit to the Jury for their de
termination hv personal Inspection ‘ tho
question whether the name was **8ur-
rena." or ••Surrencc;" and where the Jury
found the name to be "Surrena," and ac
cordingly returned a verdict against the
plea, the same sill be upheld. "Surrena"
and. "Serena" being Idem so nans. Con-
may toe regarded as a proper matter
for the Jury. See. in this connection. Civ
il Code, section 1472; Armstrong vs. Bur
rows. C Watts (Pa.), Ml
2. Where a petition for certiorari In a
criminal case alleged that In effect It set
forth alt of the evidence Introduced on
the trial, and It docs not appear therefotm
that the venue vuc proved. It was erro
neous. to refuse to sanction the petition
for certiorari assigning error upon tho
verdict as being contrary to the evidence
end without evidence to support It.
Judgement reversed. All concur.
RYca
Schedule Effective July 1st, 1901.
Trains arrive at and depart from Union
Station, corner Fourth and Plum streets.
Luvtt xrrtvo
Macon. (90th Meridian Time.) Macon.
I Savannah, Mlllen, Au- 1 " ’
KU8M and Intermediate |
B points |* 3 35am
ITvbee Seashore special. I ™*
l Savannah and Tybee, I
Sundays only ||» 26am
I Savannah, MUkn. Au- I
U'l'M. ML. viil*?, )
Eatonton. Covington, I
| and Intermediate points I
' Gordon j* 3 45nm
| Mllledgsviiie. Eatonton j
and lnte*medlate points I
7 15pm
* I Kktn
4 15am Atlanta, Griffin. ilarnes-T..
1 S Wam I vlile, Rome. Chatta !• 7 20i
. . l nooga and Intermediate
1 4 aopml.......... points (n2 Vk
I Birmingham. Columous 1
and intermediate points f
•1*0 Montgomery via !• 4 06pr*
Columbus jni 49S
(Americus, Bmitbvtlle. Al-|
lbany Arlington, Dothan,]
1 Hartford, Eufaula, Un-f
J Ion Springs. Mont- I
gomery and inter- |*12 4Aarrt
v
mediate points
and,
tlsc-sa City ©ouft
ftnaeaa C
:. v * » t-n-
iaS
NEW YOItlC SHORT UM3
' April 14. 1»L_
.1 9 fda|Vl5pi...
to 14*1 5 Dp].-.'
'll
an<l New York
Effect!
Lv. Macon . .
Lv. Mllledgevilh
Ar. Camara. ,
Lv Camark.. .
Ar Augmta. c.
Lv Augusta. K.
Lv Fk.rmce.
Lv FaystsvilU.
Ar Petersburg. .
Ar Rtckmond. . J
Ar Washtrrgtnr..
Ar Philadelphia .
Ar New Tork. .
Ar N Y.. W 23d stflSpC.
Trams arrive from Augwsta and point
on main line |I 3 a. m and 9:23 p. rr
Fr m Camark and vay *iatIon* iriT- ;. n:
A. G. JAOKSOM Gen Pa** Art.
— ” K.rdWk. r.^ A-!..
:::::::
Cherry st.
\v c M aiii.t-
Mi* ii * iisx.-
tUUcittas Age
any, AmmllPV
ntermedlate points L.
I u mbit, feel lers vlile,
d Intermediate points
-Dally except
suncay. 2—
Sic
■^lght train*. Parlor
£*ra on day trains b. tureen Macon and
and** U ori Tyfc ^ ud Atlanta.
Through, sleepers between fiavann.vh^anli
Birmingham via Macon and Columbua.
Direct connection is made at Birmingham
t r Mm phis. Kansas City and all KUnr*
\W»: #r.d Northwest. Pullman Drawlrr
IRoom sleeping cars between Macon, a if
Louis
Chatti
Nsshvlll
g Ma
m. and arriving M&coa 12
ts made at Savasna
nshtp Company and !
rs* Transportation C01
E P. BONNER.
TUiJ \j. KLIN!