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I
THE
TELEGRAPH:
VnT.SDAY MORNING, JULY 13, 1904.
♦ IT'S ALL RIGHT IF IT COMES FROM COLEMAN S ♦ ♦♦♦ ♦
| “SUMMER READING” j
: Diddie, Dumps and Tot, :
And more than
one thousand
other choice
books for young
people.
The largest and
best selected line
of Juvenile and
Miscellaneous
Books in Georgia
to select from.
t The T. A. Coleman Book and Printing Company. :
IT'S ALL RIGHT IF IT COMES FROM COLEMAN'S.
Stationery Which Will
Not Remain Stationary.
Eor this week only, we offer 1,000 boxes fine Stationery; white or
any tint; unruled, latest style, regular 25c and 35c goods
At 15c Per Box.
We just wish to see if you wish a bargain, and, incidentally
stir up a little summer trade. See the window.
McEyoy Book and Stationery Co,, Printers.
NEW STEAM LAUNDRY.
We do all classes of up-to-dato laun
dry work, clean, press and dye clothing
and clean and roblock all styles of old
hats.
UNION PRESSING & TAILORING CO
and UNION STEAM LAUNDRY.
J. D. Phillips.
465 Second street.
Phone 584. Green Trading Stamps.
One Cent a Word §
of J. M. Clark & Son. C. ft. Clark contlu-
stmed. X M. Clark.
the public might huve con-
FISH, FISH, FISH!—All kinds arriving
dally; also vegetables, fruit a nnd Knlu.
•masoo celery; order early. Rutney & Cal
laghan.
each water coaler.
House. Macon, Ga ;
weekly rates give
EXPERIENCED lady stenographer wanta
position; can furnish good reference.
Address Mfi •-- - •• y—
cQn, Ga.
ddress ••Stenographer," Box 102, Ma-
WANTED—Salesmen, collectors, book.
keepers, stenographers, mechanical,
technical men, saTealadles, housekeepers,
and competent help in every lino; send
us your name; positions guaranteed. Na
tional Employment Association, Century
Bldg., Atlanta, Ga., pioneers In this line.
WANTED—A position of some kind at
once by experienced young msn; office
work preferred; good references. Address
Competent, care Telegraph.
WANTED—A situation by a boy 15 years
old; can furnish his own wheel. Ad-
FOR RENT.
IVP H ting L_
near Wesleyan; possession October 1st,
FOR RENT—The Wllbourn House, corner
Fourth and Plum sts., opposite passen
ger depot; old established stand; good
transient trade; possession October 1st.
John Harts, Orange and Forsyth sts.
FOR RENT—Five-room house, 613 Ga.
ave. Apply Jacob Hlrsch, 610 Fourth st.
NICELY FURNISHED rooms" wlTh table
FOR RENT—One large room, or double
and single connecting room, In private
family, on the hill, dose In, all ennven-
Geismar, ’Phone 48.
A DO NOT DE DECEIVED.
Our prices are always lower than "Spe
al" prices offered by otner stores. And
remember: Every article sold by us is
guaranteed to be fresh and tlrst-class In
overv particular.
Compare our prices with others.
Finest cream Cheese, per lb 13
Fresh Saltlno Cracker*, per lb 13
Fresh Butter Thin Crackers, per lb... 13
Fresh Vanilla Wafers, per lb 17
I«rgc cun Tomatoes, per cn 07
all cn Tomatoes per cun..........00
..11
fancy Lemons, per do*
Country Butter, per lb
Star Brand Cal. Hams, per lb
Breakfast Strips, per lb
Water Ground Meal, per bushel...
Best Patent Flour, per sack
Good Patent Flour, per sack
Large fat Mackerel (No. 2) each...
6-lb. kits White Fish, per kit...
..10
. .65
.08 1-
. .45
Salmon, per can 12
rled Beef, ^-lb cans 10
Boast Beef. 1-lb. cans 12
? nrncd Beef i-jb, cans 12
rtpo, large cans 15
Fancy Ga. Cnno Syrup, per gal 35
Pure Apple Vinegar, per gal
Octagon Simp, 6 for
New Irish Potatoes, per pock JPL_
Give us a trial, wo are sure to sell you
FOR TODAY ONLY—We will sell a one-
Pound can of tripe at 5e. a can: this
trips is put up by one of the best peeking
houses In America. Chat. Get* mar,
'Phone 48.
per gal 20
sh Potatoes, per |»erlc........ v 35
again,
J. R. Odom
Phone 2035 Macon, Ga,
WHOLESALE AND RETAIL
DEALERS IN
FRESH FISH,
PRODUCE,
POULTRY,
FRUIT,
VEGETABLES,
KALAMAZOO CELERY,
ICE.
Special attention given to Out>of
Town Ordere.
{Rainey & Callaghan
Phones 233 and 858. . .456 First St.
We give Red Star, Green or Consoli
dated end Bank Trading Stamps with
ail retail cash purchases.
SUPREME COURT OF GEORGIA.
(Continued from page six.)
668. May vs. State. Cruolty to dog.
Before Judge Tallnlferro. City court
of Handersville.
Candler, J.—1. It Is not error to
overrule a motion for n mistrial, made
on tho ground that otu* of the Jurors
was alowed to leave the Jury room; It
appearing that the juror was wanted
ns a witness In another ease, and that
from the time he left the Jury room un-
he returned was accompanied by a
bailiff; nnd it not tipenrlng that any
harm was done to the complaining
party.
2. The evidence for tho state was
sufficient to authorise a conviction. It
ns contradicted only by the state
ment of the accused, which the Jury
as not bound to believe. Hence a
verdict finding tho accused guilty will
not be set aside by this court us con
trary to the evidence, especially as the
trial Judge has expressed his approv-
of the verdict by overruling the mo
tion for a new trial.
Judgment affirmed. .
Evans & Evans and J. E. Hyman,
for plaintiff In error. Guc. II. Howard,
solicitor, contra.
660. Morgan vs. State. Arson. Be
fore Judge T.lttleJnhn. Webster.
I^amar. J.—There was no error In
orrullng the motion for a contlnu
nee, or in tho rulings as to the nd-
mlslon of evidence, or In the charges
complained of. The court fully nnd
fairly ohnrged the law on the subject
* confessions, and covered all the Is
sues raised by the evidence or the
statement of the defendant. The evi
dcnce was sufficient to establish the
corpus dellclt. and to corroborate the
defendant's confcslson of guilt,
Judgment affirmed.
John lb Cooper, G. Y. Harrell, nnd A.
IL Logan, for plaintiff In error. Frank
Hooper, solicitor general, contra.
670. Henderson \
Judge Freeman,
perlor court.
.Evans. J.—The instructions which the
court gave to the Jury ns to the law
governing the case worp In accord with
previous decisions of this court, which
were controlling, nnd fully covered the
Issue* upon which the Jury were called
u to pass. The verdict was amply
uported by evidence, and no reason
npears why the conviction of the
cuscd should not he allowed to stand.
Judgment affirmed.
II. W.’ Hill. N. F. Culpepper, and
McCutchen A Bowden, for plaintiff in
error; John C. Hart, attorney general,
nnd Hewlett A. Hull, solicitor general,
contra.
671. TjOwIs vs. state. Before Judge
Felton. Bibb superior court.
Cobb. J.—There was no error of law
requiring the granting of a new trial.
The evidence, although weak ami In
njlf respects unsatisfactory, wan mil
Hoppit to support the verdict, whlc
will not he disturbed nf'or having been
approved by the trial Judge.
Judgment affirmed.
Olnwnotuft Fowler.nnd W. A. Me
Clcllan. for plnlntlff In error; William
Brunson, solicitor general, contra.
672. Brown vs. slate. Before Judge
Felton. Houston mporlor court.
Candler, J.—The motion for r
trlnl complains only flat the verdlc
contrary to law and j he evidence.
There Was positive teatlinony that tho
crime charged In tho indictment
committed by the accused: and this
testimony Was contradicted by his
statement. It wns therefore not error
to refuse to set nside tho verdict.
Judgment nfftnm-d.
M. Kuns and John It. Cooper, for
plaintiff; William Brunson, solicitor
genera), contra.
Chamber set sold.
FOR BALE—Marlin six shotgun, ten dol
ls rs. 387 Calhoun st.
and kid. PhoH, 78. j7 t>. Mc^
Kay A Co.
his return. Dr. O. P. Gostln.
L.OSTA fox terrier bitch, white with
Mark head nnd two blsck spots on
back; wearing collar marked Tim Klllln.
Return to Unlo Dry Goods Co., and get
I^OBT—On Poplar st.. black setter bitch
pup, three months old: tan on front
legs; all feat white, tip of tail and none
white. Return to C. C. Hightower, Jr.,
271 Waahlngton ave., for reward.
MISCELLANEOUS.
AS THE FAIR STORE expects to move
to store now occupied by Dixie Millinery
Co., will give 23c. off decorated lamps.
NOTICE Is hereby given to parties h-- 3
ing pawn tickets of L Goldman, 646
Poplar nt„ to either redeem or pay In
terest on same at once.
FINEST JER8EY butter, fresh oa a new
dollar, only 25c. per pound. Charles
Gelsmar, ’Phone 48.
Geo. B. Turpin Sons
Real Estate, Insurance
and Loans,
353 Third Street.
FOR RENT—Immediate Possession,
319 Bond St.. 10 r„ to Oct. l....$85.<
906 Plum St., 8 r.. to Oct. 1 “
418 Plum St .
Two connecting rooms over Fair
Store 12.50
FOR SALE.
The eight room dwelling occupied by
Mrs. F. Cater Etheridge at Crump’a
Park, with over two acres of ground.
This is one of the most desirable sur
burban homes near Macon.
BLUEBEARD
Killed his wives. You will kill your
wife If you make her cook over a hot
wood stove all summer. Buy her a
Blue Flarne Wirklosn Oil Stove, and
make her cool and happy.
PALKNER TIN SHOP,
J. C. OORMLY. Prop.
'Phone 631. 320 T/
V
CJsod by pooplo of refinement
tor over a quarter of a coniury
PREPARED BY
cf. S 7 .
Or. Lyon’s
PERFECT
Powder
PERSONAL,
Mr
W. E'
of Now York, la at
», of Slloam, Ga., is
of Atlanta, Is at
of Valdosta, la
of Savannah.
Special Stamp Sale!
Every day this week, we mske th e most remarkable offer In order to get
you to test our goods, as wa know that after once using them that you will
always use them.
16 Stamps Free with 2 boxes Toilet Soap at 16c
10 Stamps Free with 2 bottles Liquid Bfue at 16c
16 Stamps Free with 3 packages Washing Powder at •«**
40 Stamps Free with 1 18-ox. can A. A P. Baking Powder at
7 Stamps Free with 1 Pound A. & P. Premium Chocolate nt
4 Stamps Free with 2 packages A. ft. P. Breakfast Flake
673. Cowart vs. ntnte. Before Judge
Daley. Tattnall superior court.
Evans. J.—A charge to the effect that
the testimony of a witness testifying
positively Is entitled to more weight
than that of one who testifies negative
ly Is cause for a new trlnl, where one
of the parties relies almost entirely on
negative evidence unless the court fur
ther charges that, In weighing the tes
tlmony of such witnesses, tho Jury
should consider and pass upon the
ouestlnn of their credibility. Hou. R. Co.
vs. O’Bryan, 115 Ga., 659. citing Hum
phries vs state. 100 On. 26i», and Atla.
R. Co. vs Blgham. 105 (In, 498. The
present case is controlled by.theso do
clslons.
Judgment reversed.
Twiggs &*Ollver and Walter F. drey,
for plaintiff In error.
n. T. Rawlings, solicitor general, con
tra.
•4. Bell vs. Rtute. Before Judge
Felton. Houston superior court,
Simmons. C. J.—1. Where the court
charged the Jury that In order to con
vict one accused of crime they must
believe horn the testimony, beyond
reasonable doubt, that he was guilty,
n nek trlnl will not be grsnt«Hl because
the Iburt prefaced a Inter portion of
the charge with the worda. "If you be
lieve,' without nddlng "from the evi
dence." No Intelligent Jury could have
been mlaled by the omission. See 1
1 Hash field's Instructions to Jurlea, see.
79.
Taken In connection with the en
tire charge, there wns no material er
ror In any of tho charges of which
complaint Is made. The evidence au
thorised tile verdict, and the court did
not abuse Its discretion In refusing a
new trial.
Judgment affirmed.
Ross A Grace. J. p. Duncan nnd R.
K. Brown, for plaintiff In error; John
C. Hart, attorney general. William
Brunson, solicitor general, and John R.
Cooper, contra.
675. Macon Railway and Light Com
pany va. Vlnlng. Damages. Before
Judge Hodges. City court of Macon.
Cobb, J.—1. The petition set fortll
a rnuso of action, and the demurrers
thereto were properly overruled.
It. The application by the defendant
to suspend the trial for the purpose
having the plaintiff examined by
physical) was addressed to the sound
discretion of the court; andNhe record
does not disclose such an abuse of dis
cretion ns would authorize the .supreme
court to Interfere.
3. The charge in reference to the
measuer of damages was erroneous,
and the error won of such a character
as to require ft revaraul of the Judg
ment.
Judgment reversed.
I>es*au. Harris A Harris, for plain
tiff In error;Marlon W. Harris and
ey, Moore A Cothran, contra.
error having died since, the ease wan
argued, ordered that the judgment
take effect as of June 10. 1904.
Hines & Vinson, for plaintiff In er
ror; Allen & Pottle, contra.
678. Johnson vs. Thomason. Before
Judge Holden. Morgan superior
court
Fish, P. J.—A judgment creditor, to
hose lien n homestead was subject,
ncted under an order of court as "re
ceiver" In making a sale of the home
stead land and reinvesting the pro
ceeds In other land, erroneously tak
ing a deed to the same to himself as
"trustee nnd receiver." to be held as,
homestead for the use of the bene-
tlcarlea of the original homestead.
Ith revision to the estate of him
from whose property the homestead
had been set apart Held, that the
creditor was not estopped from enforc
ing his Judgment against tho last-
mentioned land.
Judgment afflffrmed.
Foster & Butler, for plaintiff In er-
>r; George & Anderson, contra.
679. Gunn vs. James et al. Before
Judge Felton. Bibb superior court.
Simmons,C. J.—1. In this state,where
the law makes It the duty of tho ad
ministrator to administer realty a:
well ns personalty, a suit brought by
him concerning the realty of tho
tnte of his Intestate and a judgment
thereon hind the heirs as well ns the
administrator. Hardaway vs. Drum
mond. 27 Ga. 221; 1 Freeman on Judg
ments (4th ed.) section 163 a.
2. Where a demurrer to a petition
contained several grounds, some going
to the merits nnd some special, nnd the
court sustained "the demurrer" nnd
dismissed the petition, there Is no pre
sumption that the ruling was based
upon the special grounds of the demur
rer rsther than the general, hut the
judgment will be treated ns sustain
ing tho entire demurrer upon all of Its
grounds. Merrill vs. Board of Com
missioners, 7 Kas. App. 717, 02 I'nc. 100,
nnd clt.
3. Where nn equitable petition wns
filed, praying for an Injunction and tho
appointment of a receiver, nnd at tho
trial term a general demurrer was bus
tallied nnd the petition dismissed, nnd
thereafter plnlntlff filed another oqult
able petition, setting up the same cause
of nrtion hut elaborating ihe details,
and praying, besides the relief sought
In the first, other and additional relief,
plea of res Judicata, filed In bar of
the second petition, shouljl have been
sustained. Civil Code, • fine. ,$742:
Smith vs. Hornsby, 70 On. j5G2; *Greeno
vs. Railway Company. 112 On. 859. Sco
nfso Con well v«. Neal. 118 On. 624.
While a Judge ban a discretion In
dlsnnslmr of nn nonllenMon for a sec
ond Interlocutory Injunction upon prop-
twlng made, yet where U\o rec
ord discloses that the first proceeding
resulted, not In the granting or rofus
ing of such Injunction, but in the dis
missal of the petition npofi general
murror, this rule us to his discretion
does not apply.
Judgment reversed.
Hall A Wimberly, for plaintiff In
error; Ross & Grace, contra.
at the Hotel Lnnt
Mr. J. C. Hunt
the Hotel lanler.
Mr. K. M. Varna doe,
at the Hotel Lanier.
Col. Jacob S. Colllni
lo nt tho Hotel Iwinler.
Mr. W. 8. Fleming of Birmingham,
Ala.. Is at the Hotel Lanier.
Mr. George Robertson, is registered
at the Hotel Lanier from Atlanta.
Mr. J. Otis Harris of Athms in stro
bing at the Brown House for a few
days
Miss Daisy Harris of Wstklnsvllle Is
a charming guest of Miss Alice Mc-
0*wer.. 65S Second street.
Mrs. J. Emmett Biackshenr is pleas
antly quartered nt Mrs. S. H. Single
ton. 354 College street.
If you want the "best ever made,"
get Blue Ribbon Vanilla Extract.
13. Adams A Johnson vs. Branan.
Complaint. Before Judge llolden.
Wilkinson superior court.
Evnns. J.t. A plen that the maturi
ty of the account sued on had been ex
tended by the plaintiff to a time sub
sequent to the Institution of tho suit,
and thut the suit was prematurely
brought. Is n plea In nbntement. Hor
ner vs. Rodgers, 103 Ga. 649; Goodrich
s. Atlanta Asso.. 96 On. 803 Alexan
der vs. Rtate, 36 Ga. 478. n. 1.
A plea In abatement In a dilatory
plen nnd must bo filed at the first term,
unless failure to do so Is shown to he
the result of unavoidable cause. Civil
code, sections 4128, 5058.
Where no eauso Is shown for the
delay. It in too late to file such a plea
In abatement In the superior court on.
the appeal of a case from the county
ouri • and the court erred In overrul
ing the motion to strike the plea In
nba'einent on the ground that It wns
filed too late. Berry vs. Cooper, 28
Gn. 543*1, Horne vs. Rodgers, 103
Ga. 649.
Judgment reversed.
F. I*. Johnston. Hardeman A Jones,
nnd Davis A Turner, for plaintiff.
Women
Every woman covets a
shapely, pretty figure, and
many of them deplore the
loss of their girlish forms
after marriage. The bearing
of children is often destructive
to the mother's shapeliness.
All of this can be avoided,
however, by the use of Mother’s Friend before hr by comes, as this
great liniment always prepares the body for the strain upon it. and
preserves the symmetry of her form. Mother’s Friend overcomes all tha
danger of child-birth, and carries the expectant mother safely through
this critical period without pain. It is woman’s greatest blessing.
Thousands gratefully tell of the benefit and relief derived from ths
use of this wonderful
remedy. Sold by all
druggists at $1.00 per
bottle. Our little
book, telling all about
this liniment, will be sent free.
Tie Biadfleld Regulator Go., Alliita, Ga.
Mother’s
Friend
Houses For Sale!
Wo offer for sale two of (lie nicest houses
in Macon. Olio on Vinevtlle avenue for
$5,500.00
And one on Mulberry street for
$8,500.00.
List Your Rental Property With Us.
676. Rome
Pattern*
Henry.
Flab. P.
withstand
Furnace Company rs.
t. Damages. Before Judge
Floyd superior court.
J.—While a trespasser, not-
ng hi* trespass, may have
680. Gaston vs. Galnenvllle and Dnh-
lonega Electric Railway Company,
nncl vice versa. Damages. Before
Judge Klmsey. Hall superior court.
Evans. J.—-1. Where a right of way
Is granted to n railroad company with
out any designation of tho route In the
deed, the occupancy of a particular
route by the grantee with the consent
of the grantor will Identify nnd locate
the route granted.
2. The evidence to establish a for
feiture of nn easement by abandon
ment or non-user must be decisive and
unequivocal.
3. Abandonment is n mixed ques
tion of law nnd fnot. It Is competent
for a witness to give the facts relied
on to show abandonment, nnd the con
clusion from these facts Is for the Jury.
A witness should not he allowed to
testify that nn easement has been
abandoned, without giving the facts.
4. It Is competent for the owner of a
right of way to testify that he convey
ed to the defend <nt In ft trespass suit,
by an Instrument of writing, the right
to utm and occupy the disputed prem
ises. The purpose and effect of such
testimony Is to show that the defend
ant Is pot n trespasser.
5. An erroneous charge, restricted by
the context from being prejudicial to
the lonlifg party, will not be n ground
of revernl, where the law applicable to
the case Is fully nnd clearly given, nnd
the evidence preponderates with the
verdict.
Judgment affirmed on mnln bill of
exceptions. Cross-bill dismissed.
J. O. Adams. Hubert Estes, and W.
R. Hammond, for plaintiff; II. JI.
Dean, for defendant.
681. Southern Railway Company vs.
Flemlster. nnd vice versa. Damages.
Before Judge Hollingsworth. City
court of Favettevllle.
Cobb, J.—1. The clerk of a court of |
record being the custodian of Its rec
ords and files, what appears In a trans
cript of the same duly certified by the
clerk will bo aceptad In preference to
whnt appears in a certificate of the
Judge.
?. But ss to matters which transpire
during the progress of a trial or In the
conduct of the business of the court,
which are not of record of file, not be
ing In hooks or documents of which the
clerk Is the lawful custpdlan, the state-
, merit of the Judge will control.
3. Where therefore, a clerk of such
a court certified that no entry appeared
on file minute** showing when a given
term of the court adjourned, a state
ment by the judge, in nn prder overrul
ing a motion to dismiss a motion for a
new trial, nnd an averment In a duly
verified bill of exceptions assigning er
ror unon the refusal to grant a new
trial that the motion was filed In term,
will be allowed to control.
4. Where no proper evidence Is fur
nished to the supreme court ss to when
a term of a trial court adjourned. It will
■Burned that the session continued
it took Jurisdiction of mat-
684. Preston vs. Puttinm County Bank
ing Company. Complaint Beforo
Judge Lewis. Putnam superior court.
Candler. J.—1. In a suit on a pro
missory note, brought agnlnst n part
nershlp. which was defended by only
olio of the partners, evidence offered
by the defendant ns to n contract of
dissolution of tlio partnership, by the
terniH of which the other partner
agreed to assume all tho liabilities of
the firm, Including the note sued on,
was not admissible. It not appearing
thnt the plnlntlff knew of the existence
of the contract or derived any benefit
therefortn.
2. In such a suit evidence of sn
agreement between tho plnlnt*ff and the
(b fondant, relative to another and dif
ferent note from tho one sued on, made
long before the execution thereof anl
not frbown to have been In Hiv manner
ted therewith, was not admissi
ble In defense to the action.
Judgment affirmed.
Turner * Adams, for plaintiff In er
ror: W. F. Jenkins A Bon and J. 11.
Hall, cortra.
685. Pierce vs. Bemls. Before Judge
Holden. Wilkinson superior court.
Fish. P. J.-~. A deed which recited
a consideration of five dollars and love
and affection wns not upon Its fsco a
voluntary conveyance.
2. Thnt tho subscribing witnesses
saw no money paid to tho gnrntor
when the deed was executed and de
livered. and that they had no knowl
edge of any being paid ut any other
time, did not show thut tho convey-
anen wns voluntary.
3. Thut t ie grantor, at some Indell-
nlto time and not In the presence of the
grantee, told one of the subscribing
witnesses to the deed thnt It was with
out money consideration, was hearsay
and not admissible.
4. It did not appear thst the deed
upon which the claimant relied was
voluntary, and the court error In di
recting a verdict finding tho property
subject upon that theory.
Judgment reversed.
H. II. Baker and Allen A Pottle, for
plaintiff In error. F. Chambora A Bon,
contra.
686. Lichtenstein vs. Hightower. Pe-
tltlon for Injunction. Before Judge
Lewis. I«nurens superior court.
Candler, J.—The order of the court
of which complaint Is made preserved
every substantial right of’the plaintiffs
under their contract with the defend
ant. The evidence was conflicting, and
there wos no abuse of discretion In re
fusing to grant the Injunction prayed.
Judgment affirmed.
Handers A Davis, for plnlntlff. John
M. Hlubbs and H. B. Baker, for depend
ant
687. Allen vs. Barnwell. Habeas cor
pus. Before Judge Lewis. Baldwin
superior court.
Lamur. J.—A judgment appointing
a guardian for a person shows thnt the
proceedings were begun and concluded
In one day. and that there was sn
absence of the statutory notice to the
relatives, or like notice to a guardian
ad litem If there were no such relatives
In this stAto.
Judgment affirmed.
Allen A Pottle, for plaintiff In error.
R. II, Lewi*, contra.
Willingham &Cone
The Real Estate and. Insurance People.
“Get the Habit.”
It’s n good one and one you'll never
regret if you live to be a hundred
th** longer you live the better you'll
like It. What habit? Having your
money. This Is not a lecture, not a
sermon simply a suggest Ion for your
own good. Deposit from 31 to 15.000
and see how fast It will grow with tho
liberal rate of Interest wo pay, com
pounded twice a year. We have never
lost n dollar.
EQUITABLE BANKING & LOAN
c°. •
(Chartered May 23, 1893). t.
376 Bccond Htrcot .Bacon, Ga.
For Sale
FOR RENT!
List of dwellings, stores and offices.
po;iMo*fdon now ur October 1, furnished
on application to my office.
LANDLORDS.
Desiring service of any agent are
requested to confer with me relative to
rentnl of their property.
REAL ESTATE OFFERINGS.
I have recently had listed with me
several desirable offerings In cottage
nnd residence property which I will be
glad t« give full Information about to
intending purchasers. They are suita
ble for homes or Investment purposes.
BUSINESS PROPERTY.
I am offering some very deatwhlv
located. Improved storehouse property
that will net investors 7 per cent,
prices ranging from $:,600 to 815,000.
MONEY TO LOAN.
On real estate nt 5 to 8 per cent., ac
cording to amount and - location of
property.
H. HORNE,
largo house on Firs
t community, thut 1
$4,000.00.
House cost more tha
Would mnke ft spier
large family, or first <
(none
2 Rtamps Free with 1 box A. A \
Now la your opportunity. C
Silver Leaf Lard. Standard of An
(Limited 5 pounds I
Every article in
buyera We are dotni
help you fill your sta
• Laundry Starch at .....
malder these price*.
erica, a pound
> the customer at this pric<
.pkg 16c
...... 18c
ha
*. yet. In or-
ibfc In dam-
must , at the
>'e known,
■bend, the
r where he
Injured.
* J. A J. Me-
ror: Halstead
Barry Wright,
of August, 1904
681. Wynn vs. Pease A Co. Com
plaint. Before Judge Willis. City
court of Columbus.
Fish, V. J.—While there wns direct
conflict between the evidence for the
plaintiffs nnd thst for the defendant,
there was ample evidence to support a
verdict In favor of the plaintiffs. The
only error of law committed was In an
Instruction of the court which author-
lexd the Jury, In tho event they should
believe the facts to bo In accordance
with the evidence for the plaintiffs, to
find a larger amount than was war
ranted by such evidence. The amount
to bo found In such event, was, under | It !• not
the pleadings nnd evidence, clear and
definite; and the result of thlji errone
ous InutrucSon upon the verdict was
properly and legally corrected by the
plaintiffs having, under direction of
the court, written off from the vgrdlct
the amount thereof which was unau
thorised by the evidence; and more
over no comptAlnt was made by the
pl;iIntlff In error of the direction of he
court nnd of the act of the plaintiff* in
this respect The Judgment overruling
ibe motion for a new trial Is therefore
affirmed.
K. I>. Burts and T. T. Miller, for
plaintiff In error; Goetchlua A Chap-
OEOROIA, Bibb County.-
Turner has applied for e*«*rr
■omilty and I will pats up
Real Estate and Insurance.
American Natl. Hank Bldg.
field, 820.60 pei
ent at reasonshl
C. M. WILEY. Ordinary.
na long . .
ters which could be considered only In I P*IL contra,
term. I
5. A father lose* the right to sue for | 88b. Farmers and Merchants Bank et
and recover the value of his minor I ®l. vs. Burwell
Great Atlantic & Pacific Tea Company.!
Judgment rtvtrsad. The plaintiff in
Child’s service*, by voluntarily relin
quishing his parental control to a third
person, or by failing to provide for It*
maintenance.
6. Th»» evidence demanded a flndfne
that the plaintiff hail lost all parental
control over the child In both of tho
wavs Indicated In tho preceding note.
Judgment reverse*I on irmfn hill of
exceptions; affirmed on cross-hill: Ar
thur Reyman. J. W. Wine, and A. O.
Htotoek. for the railway company; E.
«. Hpurlin and J. V. Gollghtly. contra.
682. HroKh by next friend. V*. South
ern Railway (Tom pony. Damage*.
Before Judge Reagan. Fayette su
perior court.
nnd not by any negligence of the
ant. the trial Judg* was right In
Judgment affirmsd.
K. E. Spurlln and J.
t si., revivers Mo
tlon to transfer case Practice In the
t supreme court.
Cobb, J.—I. A bill of exceptions as
signing error upon an order confirming
a sale by a receiver, passed before the
final decree. Is not such a Judgment ss
can be brought to this court by ft fast
writ of error. The Jurisdiction of this
court to entertain cases relating to ap
plications for receiver, which can lie
brought up bv fast writ of error, are
those in which the application for a
receiver tuts been granted or refused.
2. The motion to transfer to the dock
et of the next term of this court will
be granted: the motion to withdraw
the bill «f exceptions and file the same
ns exceptions pendente lite will be re
fused.
Hardeman A J one* and Davit A
I Turner, for plaintiff* In error; Komi A
I Grace. A. A. A E. L. Meyer. Burwell ft
I Canslrr. and Evans ft Evans, contra
Judge Spence. Baker superior court
Candler. J.—l. In the trial of a crim
inal esse, where the judge has correctly
charged the Jury a* to their right to
tndleve tho statement of the necused
In preference to tho sworn tostlmony,
requiring tho grant of
trlnl to charge that the Jury may
consider the statement "in connection
with nil tho other facts and circum
stances proven, . . . and sec If It Is
corroborated by tho sworn evldeme or
any physical facts proven." Tho worda
quoted are Inaccurate, and should not
be given In charge; but when, taken In
connection with the entire charge. It U
evident that they could not have mis
led or confused the Jury, they will not
work th* grant of a new trial.
2. The evidence fully warranted the
verdict.
Judgment affirmed.
Fish. P. J.. dissenting- While In the
trial of n criminal case the court. In
nrglng the Jury, m
that they
belle
‘tntement of the pr
th#
efer-
Three 5-room houses nnd four 2-
I,..11* ■ s .... . Hr ... rants 14H per
i -ft '."0 Nic va. nut lot In
wood locality, very cheap. Plenty houses
for Sab* and some on *.iny terms.
Firm*, small nnd large. 30.000 acre-
croRS-tie timber.
J. L. ETHRIDGE, Hardeman Building.
Wo have on hand for local
loans tho following funds
$5,000. $3,000. $1,900.
We can close loans as us
ual within -24 hours after ap
proval of security.
Georgia Loan & Trust C<l
A Houston County
FRUIT FARM FOR SALE.
per cent, money
F. GoMgbtly. for 6M. WiUttf va state. Murder. Belo
20 Per Cent Discount.
Tho tnrgost and host stock
>f Trunks in Macon at 20
percent discount for cash,
i Macon Trunk Co.
DUNCAN
Real Estate Exchange