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THE MACON TELEGRAPH: WEDNESDAY MORNING, DECEMBER 11, 1901
If in need of
Paints, Builders’ Hardware,
Lime, Cement, Plaster,....
CABINET
SUPREME COURT DECISIONS
Or. Lyon’s
PERFECT
Sash, Doors, Blinds or Lumber,
Call on us. -o >cs>
Willingham Sash and Doer Co.
457 Third Street.
We Are The Cheapest^*“$
Whisky house in Georgia. We are tho ONLY HOUSE
in Macon making tho following offer:
xv* nroniiv exnress charges lo any poln t In Georgia on ALL GOODS from 11.75
n gallon ^upws rd^rovIdwTorder If/for N OT LEfft THAN TWO GALLONS.
SlT?ri»ED TO OJfe ADDRKIW andacco mp>nied b«’the.cash.
WU. » only house In Macon which
will sell you tho famous
KKKNBIAW MOUNTAIN COHN
»• or.o el,, he, lt-at ^ #
er 12.23 delivered anjrwhere In Oeorffla.
Wo ne (he nnlv hnti.e in Macon aelllnK
th. *.”ou" DASIKI, BOONK WIII8KY-
a pure Kentucky Sour
delivered anywhere In Oeorala.
We are the only home In Macon which
will aril you KOUR FULL QUARTS of
tlio cilihrttcd
ItAllTLETT IIYI2.
for IS.28. delivered anywhere In Georgia,
or 12.16 per gallon In Jur. express pro-
paid. Purity guaranteed, money cheerful
ly refunded. If not found astlsfactory.
By way of variety* beg to call your at
tention to the price list below. Wo aell
Just aa advertised: Quart, pal.
SCX Ilye ....I 35 91 2i
Peer leal Rye 43 1 60
fclk Hun Bourbon M IM
Blue Grass Hye M 2 00
Old Oscar Pepper 75 2 60
Old Private Stock .5 *W
Vt. Vernon Ilye (I vrn. old). 1 00 Z GO
Original Monogram Kyo 1 no t SO
Jfuinr Old Hour Mash 1 00 8 £6
pennbrook Penn.lvanla Bye. 1 oo 8 to
Richmond Club 1W 5 W
« \V. Private atock (11 yr*.
‘ ‘ “ ... 2 00
MOUNT VERNON BYE
8 year* old, at 11.00 per quart, or 88.60
per gallon. This I* the pure Mount Vcr-
non-no Imitation—we don’t practice de
ception. Twenty year* straight-forward
dealing with you on our part la our
reference as to thl* neoertlon. Wo are
tho wholesale distributors of tho famoua
moua
8CIIV.IT/. I1EEH.
We claim to handle more old. pure.
us 'headquarters for any and everything
needed. Mumi* and Pommery Bee Cnam-
K gnes, Gold Beni Champagne. Port and
erry Wine*, all kinds of French Cor
dials. Brandies, etc., etc., at the very
closest possible prices.
lUng us up. ’Phone 145. Prompt atten
tion assured.
old. guaranteed) * w non nssurco. , __
We make It a strict rule to ship allgnodn on first train leaving Macon after
receipt of order, and solicit your patronage. You’ll find us an awfully clsvcr act
of people to deal with. Jug trade a Nuerlnlty.
HASI AMI El). WBICHSELDAUM,
ri Cherry street.
Ms con. Go.
ANTI-DRUNKARD BILL
Afternoon Session of tlio House.
At the afternoon oearion there was
n<» further effort to delay the* Blalock
tdll and It went to a vote, and was de
feated, the vote being 88 for and CO
agalnet, or lacking five of n constitu
tional majority. Tho resolution got 74
on tho former hearing, allowing a gain
of 8.
The discussion wo* between Messrs.
Toomer of Ware and Blalock of Fayette
for the bill and Mr. llall of Bibb
against. The latter claimed It was In
violation of tho state constitution, while
the two former claimed lo the contrary.
Mr. Toomer citing a United State* su
preme court decision In substantiation
of tho claim that tho Intercut wag a
part of the obligation.
The resolution passed In the senate
yesterday by Henntnr llowell along thl*
line was done to have Its effect on the
house, hut It fell short of Its purpose.
There may now bo ntt effort to pas* It
in the house, on the ground that It !>
not a appropriation, slnco the Jtlatock
revolution Is dead beyond recall, having
been defeated twice. This senate reso
lution first bad ’’appropriate’* in It, hut
as appropriation* can only originate tn
the house. It was stricken and tho word
•apply’’ substituted.
Home question having arisen whether
a bill passed by the house tomorrow
could be rend the same day for the first
time in the senate, tho speaker up-
pointed Messrs, llall of Hlldi. Oar? of
Richmond and Bool of Bulloch to look
Into the matter tonight and rep
the house tomorrow.
The resolution of Miller of Muscogee
to increase the pension appropriation
next year 162,500, making It 8362,500,
having received only 68 votes to *4
against, was tabled to avoid defeat.
tiie
Th<
th<
rnlng am
'resident H<
By unanimous conM
'mlth of the thirty-f
he city c nirt of Huf
ATI
usual hour this
called to order by
it the hill by M
urth to establish
rd was taken up
Plus
dal
elder
Oress of Wllcoi
building of a n«
pot at Atlanta. '
r of the day. which
U»n of the bill by Mr.
providing for
i th<
taken up,
id the third time.
Ihe Twentieth moved to
on relating to the build
so as to make the prle*
sate and the speaker of
rfflelo members of the
ent w«
adopted by a
vlft.
lltiftln
measure referred to was not In the
hands of tho committee, but was In tho
nda of tho clerk, having been un
favorably reported, and that In this
shape under n resolution pawed by the
senate the bill could not bo considered.
Mr. Harrell asked that tho ’measure
be referred to the committee on tem
perance. Tho speaker decided the mo
tion out of order and the bill was al
lowed to dio peacefully.
The following house bills were read
the first time:
By Mr.McFarland of Franklin—A bill
to establish the etty court of Carnes-
vllle.
# By Mr. Stubbs of Laurens—A bill to
provide for a system of furnishing coal,
woods, supplies, etc., for the public of
fices and court houses of thin sin to.
By Mr. Adams of Putnam—A bill to
provide how the property of transient
persons shall be taxed.
By Mr, Htubbs of Laurens—A bill to
create a lien In fnvor of persons hnul-
i Ing logs or timber against the owner of
•aid property.
By Mr. Johnson of Bartow—A bill to
amend section 840 of volume l of the
•do of 1895. providing for the appoint
ment of an arbitration In cave of as
sessments by tax receivers.
By Mr. Johnson of Bartow—A bll to
mend section 945 of volume l of the
Code of 1895, prescribing the amount of
funds of tax collectors.
By Mr. Davis of Newton—A hill to
rente the city court of Covington.
By Mr. Darden of Monroe—A bill to
authorise the payment of reward of
fered by the governor for tho arrest of
Bud I'htnlxee.
By Mr. Grice of Pulaski—A bill to
appropriate 820.000 for the maintenance
of the Georgia state troops.
By the committee on appropriations—
A resolution to make an appropriation
to meet the deficiency In tho printing
fund.
By Mr. Hogan of Lincoln—A resolu
tion to pay tho pension of Martin C.
Pas*.
By Mr. Mullins of Charlton—A bill to
fix the time ofi holding the fall term of
the Cherokee superior court In tho Blue
Rlum* circuit.
By Mr. Narramore of Early—A MU
to amend an act creating the city court
of Early county.
By Mr. Miller of Muscogee—A bill to
amend uectlon 610 of volume I of the
Code of 1895, providing for an. equita
ble proportion of expense to all or each
of the counties connected by a bridge
or ferry crossing the county line.
By Mr. Johnson of Appling—A bill to
amend the charter of the city of Bax
ley, and authorising the mayor and
uncll to collect a certain tax for wa
ter works purposes.
\omlnR(l»ni Confirmed.
In executive session the following
nominations were confirmed:
W. M. Lewis to be judge of the city
court of lit. Vernon for a term of four
years, and W. B. Kent to be solicit ir
ie court for a terra of two
111. Allen et al vs. Lytle et al, com
missioner*. Petition for Injunction.
Before Judge fcpence. Decatur supe
rior court.
Simmons, C. J.—1. The act of 1S24
(Dawson's Comp. 459) did not confine
the site of tho public buildings of De
catur county to the precise areas of
ground upon which they were erect'd,
but fixed the location of the county s'te
at a place which tho general assembly
designated as ’’Balhbrldge,” and It wan
evidently the legislative Intention to
thus refer to a particular locality em
bracing what was regarded as a village
or town the territory of which as a
whole Included those buildings.
2. The county authorities have power,
when In their Judgment the court house
and Jail belonging to the county be
comes unfit or unsuitable for the pur
pose* for which erected, to build others
upon different locations within the lim
its prescribed for the county site.
3. Under the facts disclosed by the
record, the Judge did not err In refusing
the Injunction.
Judgment affirmed. All the Jurtlces
concur. (No further opinion.) A. H. &
It. B. Bussell, for plaintiffs: Hawes &
Hawes and Big. Nusabaum, for de
fendant*.
112. Anderson et al vs. Walker. Com
plaint for land. Before Judge Estes.
Lumpkin superior court.
Lumpkin, P. J.—1. An assignment of
error upon the direction of a verdict
In favor of a plaintiff sufficiently pre-
* nfs for determination the question
whether or not under the pleadings and
evidence that party was entitled :
recovery.
2. One who Is not mentioned In an
application for a year’s support, either
by name br description, can take no
beneficial Interest In the result of the
proceedings had thereunder.
Judgment reversed. All concur, Lit
tle, J.. specially.
H. II. Baker and O. J. Lilly, for plain
tiffs In error; R. H. Dean, contra.
113. Crawford et al vs. Crow, ordinary,
et al. Petition for Injunction. Before
Judge Russell. Franklin superior
court.
Fish, J.—1. A recommendation of a
grand Jury expressed as follows: “We
recommend further that our county
commissioners and ordinary adopt the
alternative road law a* found In the
code, sections 578-579.” properly con
strued. was Intended to, and did. have
the force and effect of adopting the en
tire “alternative road law” contained
In sections 578 to 582, Inclusive, of the
Political Code.
2. Where one member of a grand Juyr.
recommending that the provisions of
such law should go Into effect in a
given county, was not then a resident
thereof, the recommendation . 1* not
vitiated by reason of the disqualifica
tion of such Juror, when It affirmatively
appears that. Irrespectively of his vote,
recommendation.
Judgment affirmed. All concur.
W. B. Jones, for plaintiff; W. R. Lit
tle and J. A. Neese, for defendants.
Used by people of refinement
for over a quarter of a century*
court.
f-ohb, J.—1. 'When, In the trial In the
•u peri nr court of Frank in county,
Georgia, of one charged with the of
fence of murder. It appeared from the
evidence that the accused killed the de-
ceoeed at the house of the accuaed on
the place of a named person In Frank
lin county. Georgia; and such evidence
excluded any legitimate inference that
the offense was committed in Franklin
county. North Carolina, though this
county may he situated not very far
from the county of the same name in
Georgia.
2. The evidence warranted tho ver
dict. and there was no error requiring
the grant of a new trial.
Judgment affirmed. All concur.
As bury G. & Jirlan B. McCurry, and
W. It. Little, for plaintiff in error; J.
M. Terrell, attorney general, and C. H.
Brand, solicitor general, contra.
120. Levan vs state. Sunday tippllug-
house. Before ‘Jtodge Falligant. Chat
ham superior court.
If. G. Lewis, solicit-
Obstructing legal
* ...... ... -....e.t, wo inai ot one
charged with resisting an officer In the
execution of a mortgage fl. fa., It appeared
from the evidence offered by the state,
in connection with the ft. fa., that It was
| issued upon a proceeding, under the act
I of December 36. 1899. to foreclose a bill
of sale which was absolute upon Its fac*.
and that the affidavit upon which the
debt, the fl. fa. was not a legal process,
and. upon proper objection made by the
accused, should have been admitted ;n
evidence.
Judgment reversed. All concur.
Olawson & Fowler, for plaintiff In error;
William Brunson, solicitor-general, tontra.
129.—Central of Georgia Railway Company
vs. Berry (two cases). Actions for dam
ages. Berate Judge Candler. Pike su-
OOOCGOOCCGCGCCOCGGGCGOCGC^
§ FOR THE HOLIDAYS §
SENSIBLE. LASTING
PRESENTS. Q
5s Beautiful. Ornamental and O
A useful presents. O
rt The largest assortment of 'V
q up-to-date designs. In Fur- y
O niture shown in the city.
O Inspection and comparisons y
6 Invited. 6
8 WOOD-PEAVY 8
8 FURNITURE CO. §
5 60S and f>»;0 Cherry Street. q
COOL CCCv G OG C*C v ’-'V. '-TwO OC
OGOOGOCOGOCOCOCCOOCCCOGOOO
§ ..Grape Fruit.. 8
o ^ o
8“
or me court oeiow approved of the ver- « «r e as* Uf.L 1 C
olcts rendered, and did not consider them \y If ji4?f*Hl0hrftnH§ Lft*
excessive. There being no motion for a SO ”• 1HIUUIWU8 UUR3 VU«
.. being no motion for a ,
new trial, no ground that the recoveries j
were excessive, the plaintiff In error will
not be heard to complain here because the
court allowed the plaintiffs below to voi*
PHONE ft23. fi
.. u, mcm aa uaiiidgcs. it unug
nowhere made to appear that the plaint
iff In erron was Injured by the action.
2. No error of law seems to have been
committed by the trial judge, and the ev
idence was sufficient to sustain the ver
dicts.
Judgment In each case confirmed. All
concur. (No. further opinion.)
Hall & Boynton and Ft. L. Berner, for
plaintiff in error; R. T. Daniel and S. J.
Hale, contra.
ISO—Mitchell et al.* commissioners, vs.
Laseeter et al. Injunction. Before
Judge Roberts. Wilcox superior court.
Grape Fruit, Mandarin
Oranges, Pineapples, Figs
Dates, Malaga Grapes,
Apples, Fruits, Bananas.
All Mails Christmas Confectioneries
J. Caserio Co. p B h 6 0 o. 3
.,timpkln, P. J.—1. In the absence of
a request to charge upon the law with
re«pect to thy ea^iae'for ol u g,ven county "to select ano locate
failure to do so Is not cause ror fiorne centrnl and convenient place within
. «• thi< no tho €ame for a coun ty site” did not
Cobb. J.—l. An act of the general as
sembly authorizing the county authorities
of a given county “to select and locate
114. fitaplea vs. state. Robbery. Before
Judge Butt. Harris superior court.
Fish, J.—l. Though an indictment for
robbery need, not charge that the prop
erty alleged to have been forcibly taken
from tho person of the victim in fact
belonged to a third person, if It does
so charge. It Is essential that the state
prove the case as laid.
2. Irrespectively of other questions In
the present case, a new trial should
have been granted because of a fatal
variance between the allegata and tho
probata.
Judgment reversed. All concur.
J. it. Terrell and J. B. Burnside, for
plnintiff In error; 8. P. Gilbert, solici
tor-general, contra.
115. Moore vs. state. Manslaughter.
Before Judge Butt, Harris superior
court.
Lumpkin. P. J.—l. There was suffi
cient evidence to warrant the verdict.
2. A ground of a motion for a new
trial alleging error in admitting testi
mony rhnu d disclose what this testi
mony was.
3. In a criminal case It Is proper to
refuse to give In charge a request not
warranted either by the evidence or by
the statement of the accused. •»
4. A new trial will not be granted
because of a refusal of a request to
charge, when It is fully covered In the
general Instructions given to the Jury.
5. The chargo complained of as Inti
mating an opinion upon the evidence
was not opn to this objection. r
6. There was no merit In tho ground
of the motion for n new trial based on
newly discovered evidence.
Judgment affirmed. All concur.
J. It. Terre I, J. B. Burnside, and H.
V. Hargett, for plaintiff in error; 8. P.
Gilbert, solicitor general, contra.
Mr. Harrell
Mkum
Ing thi
bill
by a commit!^
where there I* a
It* consideration
lion to this resolution
fact that the cigarette
been unfavorably repo:
number He favored t!
Twelfth move dto
of the senate In
resolution provld-
ivorably reported
ill be considered
Jcctlon offered to
. Harrell’s objec
ts was due to tho
bill which had
tad was
ot wish to
the
Mr. Harrell said that this resolution
had been reported favorably by the
committee on rules of the senate, and
that It should be passed »o that Impor
tant business could be trai
The motion to reconsider
a vote of 12 to It.
l.ltiutir nn.1 « Uni-ntr*.
The bill by Mr. AVI \ cf the Ftf-
i>vsth, having for Its vurv-'^e the fix
ing of the license to sell liquor in lt»
win county at 630,006, was then read. *
Mr. Rills opposed the blit He said
that only a short time ago aa election
was held tn Irwin county and tnat the
people had by a good majority declared
t'. at the sale * f llte> ? m Irwinecumv
should be continued, and this bill
c it to place a prohibitory * nse > n
the bufines*.
ilr. Hulllvan moved that th* r*
ha referred to the general Jiddui
corn*: ttce. The molt 'n eras
and thr measure was referred to th»t
eommltt#-*. which effectually dfapoee*
* f the t 11, owing t> the fact that the
decreasing in number
h :l
the
years.
\V. T. Carter to be Judge of the coun
ty court of Quitman.
John A. Wilkes to be Judge of the
county court of Colquitt county for a
term of two weeks.
11IIU l*H*«eit.
The following bills were passed:
By Mr. Holder of the Thlity-thlrd-
bill to Incorporate the town of Ma. I
vllle In the counties of Jackson and
Banks.
By Mr. Davis of M
to authorise executors
trustee*, etc., to Invest In
connty bonds.
By Mr. Hardaway of the
sixth—A bill to amend parag
section 949 of voliime 1 of the Code of
1896, prescribing the duties of tax col*
lector*.
By Mr. Allen of the Twentieth—A
rrt)luUon to authorise the compilation
of a rotter and history of the coldicrs
ar.d sailors of service in the war be
tween the states.
By Mr. Steed of Taylon-A bll! to
amend section 3669 or votume 2 of the
Code of 1893, so as to alter the time for
the publication of citation of dlsmlsstm
of administrators.
8enatc adjourned to meet at 3 p. m.
116. Peavy vs. slate. Murder. Before
Judge Candler. Dooly superior court.
Lewi*. J.—l. A ground of a motion
for a new trial assigning error upon n
refusal to allow the accused, after re
tiring from the stand, to “go back
again and state a matter which he neg
lected and omitted to state.” Is In nny
view without merit when It fall* to dis
close what additional statement the ac
cused desired to make.
.*. In » crimlna case the accused can
t demand, as n matter of rlghtfl tho
privilege or making a second statement
for the purpose of rebutting evidence
offered by the state after the conclusion
Mho original statement.
3. There was sufficient evidence to
warrant the verdict, and It does not
. . «r that the court erred In overrul
ing the motion for a new trial.
Judgment affirmed. All concur.
Rusbee A Bu«bce, for plaintiff In er
ror; J. M. Terrell, attorney general,
and F. A. Hooper, solicitor general,
contra.
117. Baggett vs. state. Before Judge
Bower. City court of Bainbrldge.
Little, J.—The evidence fu ly war
ranted the verdict, and there was no
error prejudicial to the defendant In
the admission of the evidence of which
complaint was made. The trial judge
did not err in overruling the motion
for a new trial.
Judgment affirmed. All concur. No
further opinion.)
Donakon & Fleming^ for plaintiff In
error; Albert H. Russel. solicitor gen
eral, contra.
lit. Sappington v*. state. False swear
ing. Before Judge Candler. Clayton
superior court.
Cobb, J.—The evidence at contain'd
In the present record did not authorise
the conviction ot the accused,
idgment reversed. All concur.
>hn D. Humphries, for plaintiff tn
)r; W. T. Ktmsey, solicitor general,
Murder. Before
Franklin superior
bill to amend the charter of the city
of Cartertvllle. so as to provide for the
n of the marshal by the pe<
a new trial. There la in this case no
complaint that counsellor the plaintiff
In error was not permitted to present
such a request.
2. Even If it should appear that Jurors
while deliberating upon a criminal case
were considering a matter as to which
there was no evidence, this will not af
ford cause for a new trial, when it fur
ther appears that they sought Instruc
tions upon this point, ancl were dis
tinctly charged that they must be gov
erned by the law, the evidence and *he
statement of the accused. •
3. The verdict was sufficiently sup
ported by evidence.
Judgment affirmed. All concur.
R. L. Coldlng, for plaintiff in error;
W. W. Osborne, solicitor-general,
contra.
121. Waterman vs. state. Cheating and
swindling. Before Judge Bower. City
court of Bainbrldge.
Little, J.—l. An accusation founded
on the statute against common cheats
and swindlers, which charges that-the
prosecutor, relying on the representa
tion of the seller that the bourse pur
chased was “sound and all right,” Is
not, because the representations
charged are “too general, vague and
Indefinite,” defective and Insufficient In
law; nor Is It defective because It doea
not set out In what particular the horse
was diseased, when It further charges
that "said horse was not sound and all
right, but was diseased and unsound,
and was absolutely worthless.”
2. On the trial of one charged with
such offense It was error to charge that
"if you should come to the conclusion
beyond a reasonable doubt that the
seller represented the horse to be aound,
a good farmwork horse, work anywhere
with him, he was all right, a good farm
horse, that these representations proved
to be false, that he gave fifty dollar*
by reason of tho making of these repre
sentations by the seller, and the defect*
were such that an ordinarily prudent
man could not have seen the defects
himself, and the seller from all the cir
cumstances should have known what
tho defects were. It would be your duty
to render a verdict of guilty against
the defendant.” While tho Jury would
be authorised to find that knowledge
of the defect* existed at the time the
representations were made, from cir
cumstances, the defendant’s knowledge
of such defects ns a fact must be proved
In some way before the conviction will
be authorized.
Judgment reversed. All concur.
Donalson A Fleming, for plaintiff In
error; Albert H. Russell, solictor,
contra.
122. Tilly va. state. Before Judge Not
tingham. City court of Macon.
Fish, J.—The charges complained of
were authorised by the evidence and
free from error: there was no error in
refusing to charge as requested; and
the evidence warranted tho verdict.
Judgment affirmed. All concur. (No
further opinion.)
John R. Cooper, for plaintiff In error;
William Brunson, solicitor-general,
contra.
123. Whitaker v». Whitaker. Before
Judge Harris. Heard superior court.
fllmmons, C. J.—The evidence was
sufficient to authorize the verdict; and
the trial Judge did not approve any of
the special grounds of the motion for
a new trial.
Judgment affirmed. All concur. (No
further opinion.)
8. Holderness. for plaintiff In error;
V. 8, Loftln and D. B. Whitaker,
contra.
quire that the place so selected should he
at or near t.he geographical center of the
county, unless at the time the county
site was selected such a place would bo
convenient to the people of the county.
The selortlon of a place near the center
“ one side of the county, which was most
dly accessible to a majority of the
people of the county was a substantial
compliance with the act.
When under authority of the act
of tiie character above referred to, the
officers in charge of the affairs of the
county acquire land at such a place
courthouse and Jail of the county, and
the place so selected has been, ror tn«
space of time mentioned, recbgnlzed by
the people.and officers of the county, as
well as by every department of the state
government as the county site. It will be
presumed, when the records of the county
authorities have been lost or destroyed,
that the countv site was permanently lo-
such presumption arise when there Is tes
timony of a witness who testifies that he
as present at a meeting of tho county
authorities when an order to this effect
was pa-ssed by them.
3. Recitals of fact In a public statute
are not conclusive upon the courts, but
evidence may be Introduced to disprove
them.
_ court of equity will, at the In
stance of citizens and taxpayers of
Ing Into effect the unauthorized order or
Judgment providing for tho location of a
county site. In tho execution of which or
der it will -be necessary either to expend
the money of the tavpayers In the treas
ury of tho county, or to Incur Illegal In
debtedness by the county.
Judgment affirmed. All concur.
Max E. Land and J. H. Martin, for
plaintiffs In error; Eldrldge Cutts and J.
L. Bankston, contra.
|eY0s1i Currants, Raisins” ||
[s] Prunes and Nuts. M
Dupriest & Turner. 0
MISS n. E. r\A50N
Having severed her connection with
Wesleyan Female College, will bo found
hereafter at her private studio, 132 For
syth street. Lessons In charcoal,
crayon, pen nn«l ink, perspective,
china, water color, pastel and oil. Por
traiture a specialty. Miniatures . on
Ivory.
BUY THE GENUINE
r*N
... MANUFACTURED BY ...
CALIFORNIA FIO SYRUP CO.
nr NOTE THE NAME.
WANTS-ONE CENT A WORD
ply W. L. A., caro Telegraph.
WANTED—Position by experienced ste
nographer and typewriter; best refer
ences; rapid speed. Address ”H.,” ib7
Cotton avenue.
FRESH grape fruit; Periodical Tickets
HOUGH WEATHER AT SEA.
Lumber Schooner From Savannah
Has n Hard Time of It.
BALTIMORE. Dec. 10.—The three-
masted schooner Joel Cook, with lum
ber from Savannah, Ga., arrived thl*
morning, after ten days of the worst
weather at sea that Capt. Frazier has
experienced In forty-seven years.
The Cook left Savannnh a week ago
last Saturday, and that* night a gale
from the south struck her. Sail waa
shortened and the schooner was
scudded, every minute bringing her
nearer home. By daylight the wind
hauled to northward and lilt her at a
thirty-mile an hour clip, kicking up a
cross sea that tos*ed the vessel like a
csrk. and again and again she was
swept by hugo seas, burying her be
neath tons of water and making
perilous to leave the quarter decks. Tho
wind was ahead, and It was a butt to
windward under short canvas. For
forty-eight hours the Cook tacked
front of Bodie Island, sailing about
fifty miles off and on to the coast, but
not a foot of progress up the coast
made.
On last Friday morning the wind
changed to the northeast and gave the
vessel a favorable slant.
Just before the Cook reached the capes
the wind hauled to north again and It
was not until yesterday morning that
she passed in and took a tow, her crew
almost exhausted, having had but little
sleep for six days.
WANTED—For the spring term, position
as music or art teacher, or both com
bined: stato salary. Miss L. A. M., Ea-
(wlth dressing room) and board with
family on Hill: new house, and first-
class accommodations, and modern con
veniences. Address A. B. C., care Telc-
RENT—A choice front room for couple or
gentlemen, or meals; also a desirable
home for sale. First Street, care Tele
graph
FOR RENT— 1 The old Henry Berkrter
place on the Forsyth road, about threo
dies from city: storehouse, dwelling, out
houses and ginnery outfit complete. Ap-
plv to^Sam Wclchsclbaum. 451 Cherry Bt.
FOR RENT—A farm of 110 acres on
Rocky creek, about four miles front
courthouse; place fenced with wire and
finely adapted tc dairy farm. Howard M.
Smith.
124. Wortham v». Equitable Mortgage
Company. Certiorari. Before Judge
Harris. Coweta superior court.
I«*»wls, J.—The supreme court will
uphold a Judgment dismissing a cer
tiorari on the ground that the writ of
•ertlorarl had never been served upon
the Judge by whom the case was tried
in the first instance, when the evidence
upon the question of service was con
flicting, and that Introduced In support
of the motion to dismle* warranted a
finding that there had been no servloe
Of the writ at all.
Judgment affirmed. All concur. (No
further opinion.)
J. C. Newman, for plaintiff In error;
W. C. Wright, contra.
123.—Reynolds vs. state. Liquor-selling.
Mefcre Judge Felton. Jackson superior
court.
Little. J.—l. It 1s a well-settled rule of
criminal law that on the trial of one I
indicted for a misdemeanor, the esae may
be made out that the accused committed
tho act which constitutes the offense
charged, at any time within two years I
previous to the return or the Indictment
as true.
1 That the Indictment charged the ac
cused with having unlawfully sold spirit
uous liquors to a named person on a
particular day doea not change the rule.
Such a conviction mar be pleaded In bar
of another conviction fer an Illegal sale
to the person named, within fhe statu
tory period.
The evidence wsras amply sufficient to
snstsln the verdict, and no error of law
Mr. Sullivan of the Eighteenth of-
fared t reflation providing for the
creation ot • steering committee.
The reeolation was adopted and the
following p-tutors were ap;v!r.ied on
Jams gen.
Sullivan. ]
I art A • X.i". '• r.
The feUewimr Mila were plirofl o
Mr third rending:
hi Mr. Bear: : .iu I'..iy—- J
> the
ervice.
a reduction of tb
from eight to four, and to pr
compensation that the may
dermen shall receive for th«
Pasted.
By Mr. Allen of the Twentieth—A bill
to require the judges of city and mpa
rlor court* to .write out ifcelr char
and furnbb the fame to the jury wb
requeated. Passed
By Mr. Yatet of Catocsa-A Mil
cede Jurisdiction to the United 8tat
TWO carloads of good mules, nil sizes,
Just arrived. Also good assortment of
(horses all cllmatlxed. Prices reasonable.
Waterman & Co., new brick stables,
Fourth street.
BIO SUPPLY HILLS,
Bnb-Commlttcea Appointed by Chalr-
mnn Cnnnon.
WASHINGTON, Dec. 10.—The hou^o
committee cn appropriations held its
first session today and Chairman Can
non announced the membership of the
sub-committees which will prepare the
big supply bills. These sub-committees
will begin work at once. Chairman
Cannon said, however, a* the holiday
recess would begin on December 19. It
was not likely that any appropriation
bills would be passed before then. Mr.
Cannon also stated that It was the view
of the committee that all work on ap*
propriation* could be disposed of so
that congress could adjourn by June 1,
next.
No. 274 Georgia avenue; bette
known na the Ogden residence, I
offered nt a reasonable figure.
linn
side
kllrli
committed.
Judgment affirmed-
further <
All concur. (No
C. C. Thomas and Shackelford A Shack-
Jford. for plaintiff In error; C. H- Brand,
solicitor-general, contra.
126.—Alexander vs. state. Manslaughter.
Before Judge Sheffield. Early superior
Lumpkin. P. J.—L It Is. while charging
upon a statement made by one on trial tor
a crime, erroneous to use language cal
culated to impress the Jury that they
ought to be cautious la giving credit to
what he said.
2. A Judge should not. In the hearing
of a Jury, commitment a witness.
Judgment reversed. AU concur.
A. G. Powell and \Y. M. Hammond, for
plaintiff In error; J. A. Lalng softcitor-
ger.eral; O. L. Comer and R. H. Sheffield,
contra. .
lT-PrNt^H
Hart Putnam
Little. J.-Xo t
the motion that a
va.
Before Judge
court.
being mads tn
turned for the 1
en, pnntry and lmthi
30x1410. xrlth good tvr
anta home on rear.
This place la located on one of the
best streets In Mnron, and by apen
Ing n few hundred on it would
equal to nuy. I will take plentiu
■bowing any prospective buy
this place.
FrankB.West
Heal Katate and I
AMERICAS NATIONAL DANK BLDG
Horne & Turpin Co
HEAL ESTATE AND INSURANCE
AGENTS.
We have some special offerings In any
f ,a “.°L prop W tiut you may wish t J
552*** »** consisting la vacant lots fronfl
*•■•> up to Improved residence and bu««
nets properties up to 8S.606. Many off
legs yie.vl.ag a much larger nst InooflP
than can be derived from any other class
of investment. Would be pitted to for-
eish list to intending purohiser. fcellr.g
confident that you will find It to tsaa
interest to consult us before makingr Ml
Investment, r.o cuter what trice cr
of property you d*ure to buy.
» loaa oa i
per seat, i
*»!•<
si estate fro
tioa from oa
FOR RENT
FOR SALE
LOST AND FOUND
FOUND—Bird dog. Owner can get same
bv Identifying and paying reward. Ad
dress Dog, care Telegraph.
FOUND—Beat stoves maae; Exceisior and
New Enterprise. At Willingham's
Crockery Store.
PERSONAL
WE SELL the Roman Knight cigar. Klnff
& Ollphant.
GO TO Q. 8 TALEXANDRU. 517 Fourth
efreet. for fine fancy fruits, candies and
Christmas confectioneries.
FULL cream cheese, the best can corn,
pears, and tomatoes at R .C. Keen's,
212 Cotton avenue.
FOR’the best goods and prompt delivery*
ring 823. W. Q. Mlddlebrooks Co.
NOTICE is hereby given to parties hold*
Ing pawn tickets of L. Goldman & Son
to either pay Interest on same, or goods
will bo sold at once. 385 Cotton avenua
and 315 Third street.
suits from reporting any vacancy to The
Ga.-Ala. Bus. College. ’Phone 2116.
WE will buy your cow peas, speckle un
known days, red. black. See us before
_ou sell. 458 Poplar street. Bailey &
Postell. i
GEORGIA cane syrup and pure buck*
wheat. Oscar Bradley.
I AM with the Williams Buggy Co., and
will appreciate your harness business*
M. B. Carroll.
MISCELLANEOUS
TIN. good tin. all kinds; tlnwdre repaired.
Falkner’s Tin Shop, 320 Tlhr street,
'phone 531. ...
rook* Co.
TYPKOSA table Jelly served free ac
by an expert.
J. Oan |
YOU MAKE ten dollars by reporting any
vacancy to The Oa.-AIa. Bus. College
that It may fill. ’Phone 2116.
GRAPE FRUITS
Florida orangei
. to 20c. each; sweet
01 apples, bananas, co-
r*—H»t»^ Ms »**w erapee. Flournoy.
V. Ht.S you go »c nay your n.onth's sup
plies. you want the bests GOLD LEAF
FLOUR la the best; ask your grocer
your fruit cake at R. C.
GEORGIA FLO