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THE MACON TELEGRAPH: \\T.P\T..-n \Y MORNING. Jfl.Y 13. 1904-
Improvements In Cuthbert.
CUTHBERT. Ga.. July It.—New I
building* and general Improvements
nre numerous in Cuthbert. and the
1'ronpfct la that one of the b*«l ycnw,
In nil Cuthbert** hlatory, win bo en
joyed along thla lino. The recent
putting on foot of the public achoot
•yatein for Cuthbert. la going to be on*
of the beet thlnga done by the town In
year®. Thera are numerous fatnIdea
who are to send their children here,
or are to move to the town to get the
advantagea offered by Cuthbert In an
educational way. The public echool
I pyatem. together with Andrew Fenmle
and Itethel Mai- College* will equip
the town In this respect, aa ahe qill
cuatomera. me. In the meantime en
joying unutual price a. Fenaacola and
Mobile atnte. that the rate and their
prlcea are aueh aa will enable them to
meet any prlcea, and that they are
In the tight to the flnlah. Aa a result
of these rntea. It la oulte likely that
one or more wholesale houses will aoon
be opened up in Cuthbert.
Home Burned In MoultrU
Randolph’* New Jgll,
TTHDBHT. Oa M July It—The
d of roada and revenue, of Ran-
h county, are adverttatng to let
contract for the new $16,000 jail
the county, Monday, August 8.
proposed Jail will oe of brick and
e. and one of the prettiest In this
llartfc
Order of Ncjr.il Nhippi .t; Point
COCA-COLA MOTTLING COMPANY
'L. i'i Iri'.'-sta. Atlanta. W'nNss. Mtaar. Sa*j«nsh.
DRINK A BOTTLE OF
Copyrighted in gold embossed
greeh boxes. White. Fleah. Bru
nette. Money refunded If not aa
represented. Prepared only by
National Toilet Co., I’aris, Tenn.
Sold In M ■ on by ♦
LAMAR. TAYLOR 4. RILEY DRUG CO.. KING & OLIPHANT, *
u ’ Whol.i.l. Distributors. I
Wash Vests
We show them in nbundanre.
EYhlte. Spotted. Speckled or
■»t rIpe<I —Home dark opea. All
cood. and at least »omo necesaary
n complete your summer outfit.
For the money Invested.^you'll
tret more dressed up feeling and
11 ppr irnnce nut of u wash vest
1 b in you could possibly pre-imp*
We make them with remova
ble buttons, and every edge pro
tected to avoid fraying In the
laundry.
Call and select a few.
Vests $2.00 to $8.00
The Jacobs-Rnwcn Co.
Incorporated
’X’A.IIiOJR.S
568 Mulberry St. Macon, Ga.
"60 TO THE
AND YOU WILL
OBSERVE'.THAT
SHE SAVES UP
FOR .THE FUTURE-
DOt5JhZ t Nm
BEST THING*T0
OPENING A
BANK
ACCOUNT*
■
KOHE SAVINGS BANK
MACON* ga.
from a lenghty ylslt to relatives in
Atlanta.
Mrs. George W. Perkins and lovely
title daughter nre visiting Mrs. J. W.
Cannon In Montlcello, Ga.
Mrs. Fannie Mahone has returned to
her home In Haddocks, Oa.. after a
short visit to Mrs. Anna Brook of this
!lty.
Mrs. Ansel n. Cook, a charming
young matron of Fltsgerald. Ga., Is the
guest of her parents. Mr. and Mrs. E.
Flemlster.
Mrs. II. M. 81ms and little Miss
Bara 81ms are visiting friends In Be-
noln. On,
Miss Lillie Harper is visiting friends
In Macon.
Hon. R. N. Lamar Is attending n
meeting of trustees of the Georgia
Normal and Industrial college In At
lanta. Heforo returning to hln home
In the Hty he will visit relatives In
New York.
Little Mlss$* Frankie Ha word and
ffasel Montgomery of lCatonton are
visiting Mina Francis Montgomery.
Tti? jDlf term of the supreme court
convened In the city yesterday morn
ing at 10 o’clok, Judge H. G. Lewis
of the Oconee circuit presiding.
Miss Claudia wall hng returned from
a delightful visit to Miss Mary Wadley
of Ilollngbroke, and will spend the
remainder of the summer at her beau
tiful country home at Jordan's Cross
ing.
. W El KLY SUMMARY
: j. OF CROP CONDITIONS
i
I off. 4- I WASHINGTON*. July 12.—The
% I weather bureau's weekly summary of
e crop conditions egya*. *
Cotton has grown rapidly throughout
the cotton b*|t. .complaints of too rap
id growth being received from portions
of the centre! districts wheie the crop
Is suffering for cultivation. In portions
of the western districts cotton Is also
In need of cultivation and some shed
ding Is reported from portions of Tex-
hh and Bouth Carolina.
Over the greater part of Texas, how
ever, and In the eaotOrn districts, tht
x crop Is in a good stAte of cultivation,
X • and comparatively Utile damage from
Insects is reported, except In Texas,
where boll weevils nre Increasing and
Iwromlng more destrlctlve In the south
western counties.
The weather conditions have been
highly favorable for tobacco, which Is
In thrifty condition In all of the Im
portant tobacco states.
ANOTHER PEONAGE CASE.
Porsons of Prominence In South Goor-
gis Involved in the Charges.
SAVANNAH. Ga.. July 12.—State
Senator-elect John Foy and his father,
E. E. Foy. of Egypt, are Indirectly In
volved In a charge of peonage that has
been preferred In* the United States
court here against Henry Jackson, col
ored. a boss at the Foy's saw mill. The
complainants are Titus Mitchell and
Henry Jones, two negroes, who say
that thev and three other negroen were
Induced to go from Savannah fo Effing
ham county to work for the Foys under
a promise of $1 a day and their nrnil*.
When they arrived they say tills offer
was reduced to eighty cents a day and
they to furnish their own t?|eals. This
news was given them after they had
eaten a meal and Mitchell and Jones
started to foot It buck • to Savannah.
Thev were arrested charged with lar
ceny of one meul. value 80 cents, tried
In the Effingham coprt and sentenced
to pay ISO or serve six months. They
were sent to railroad works In Bullock
county contrary to the law prohibiting
counties from leasing misdemeanor
convicts. A brother of Mitchell brought
the matter before the United States
authorities. Jackson was held under
1260 bond today.
Reunion at Elberton..
ELBERTON, Ga.. July 12.—An lm-‘
portant meeting attended by a number
T ™r,.r . A J 1 ™u , s r hou o ,v«t s:
Druggists sell all kinds of hair prepara
lion* and us a rule they are wisely chary
of giving preference to any particular
ohe, but many of them have come out
Plainly for Newbro’s Herplclde, the new
treatment that absolutely kills the dan-
Iruff germ. H. Bwanncll A Son, Cham
paign. III., say: "One customer of ours
who did not have a hslr on top of his
head when he began to use Herplclde. now
has a fair start towards u good head of
hslr. We believe Herplclde to be by far
the best preparation of Its kind on the
market." Hundreds of similar testimo
nials from everywhere.
Sold by all leudlng druggists. Send 10
'•ents In stamps for sample to The Her
bicide Co., Dotrclt, Mich. Lamar A La-
mur (Sol Hoge's old stand), Second and
Mulberry streets.
Trouble Over Land 8ale,
VALDOSTA. Ga.. July 12.—The case
»t/ the First National Bank vs. Hurrell
k 1 Smith for division of the proceeds
from n large land sale In Florida was
to have come up before a board of
bltrntlon today, but It was postponed
until July 26th on motion of the de
fendant. The cgMe was In court, but
the pnrtlea at Interest rgreed to select
a board of arbitrators And nuke their
decision the Judgment of the court.
The board Is composed of Meaar. II. B.
Peeples, of Nashville. S. S. B-nnett. of
Jultman. and W. E. Thomas, of this
ity. The case grows out of u dlsput
sver sn ulleged partnership *
Messrs. W N. Harrell ut
Mr. Harrell resided in
Smith In Florida.
house at Fiber
ton. The object of the meeting was to
make preliminary arrangements of i
rc-unlon of all the Confederate Veter
ans of Elbert and the adjoining coun
ties. and also a coming together of the
people generally for social purposes.
The time set for the gathering was the
12th of August and the place selected
was n grove at a large spring Just In
side the corporate limits of the city:
An Immense barbecue prepnred by
experts will be provided to feed the
people, and ten or fifteen thousand are
expected to attend. Some fine speak
ers will l>« secured for the occasion.
One thousand Confederate badges will
be procured for the use of the 61d
soldiers who will be present.
Committees have been appointed to
each district In the county to make
tho necessary arrangements. Also
general committees to secure funds. In
vite speakers and for all necessary
f turposes. The people purpose to make
t the grandest gathering ever held In
the county.
Note tlie brilliant color and ex
cellent flavor of “American QuccY’
bottle beer brewed by the Acme
Brewing Company.
Melon Thiovsa Frightened.
VALDOSTA. On.. July 12.—A crowd
of ynungnters nbout town came to grief
last night while helping themselves to
en melons In n patch belonging to Mr. W
M. M. Smith. I*. Renfro. As long as the boys wouU
York and | get only a few melons Mr. Renfro modi
Harrell t no kick, but when they began to carrj
lalms that he found n customer for a them off by the wagon load he decided
large amount of Florida land and that to put an end to It. I$nst night a score
he sent him to Mr. Smith, who was In of youngsters surrounded his hou*e
Florida. The profits from the sale 1 and begnh to sing "Oh. Mr. Renfro,
amounted to upward of 126,000, which 1 Olm'm® a’Melon and I’ll let ’em Alone.”
deposited here In tlm National j Mr. Renfro© had been a boy .himself
NATIONAL BISCUIT' COMPANY
Bank. Mr. Smith claimed
1 turret was entitled only to a commis
sion on the sale niul that there wns no
partnership existing between them.
Mr. Harrell claims that bo was equally
Interested In the transaction and that
he Is entitled tn half of the profits. The
case Is a very Interesting one snd pro
mises to be wntched closely when it
.nos up on the 26th.
and he know that n foray Into hts tteld
whs about to be inaugurated, so he rot
hts gun and went nut In tho yard and
took his stand under a tree. In a few
minutes the boys began to fall over
bis fence like rats and each one pulled
a large melon. Mr. Renfro then raised
his gun toward the skies and fired two
time, which had the effect or putting
the hoys to flight. They dropped their
melons and ran for life, though several
were too weak from fright to get over
the tall fence. The shooting created
something of a sensation In the thlck-
ly settled residence portion, until an
j Investigation showed that
660. Redding vs. State. Before Judge
Hodges. City court of Macon.
Lamar. J.—There was no error of
law complained of. The evidence was
conflicting, but amply sufficient to sus
tain the conviction. The newly dis
covered evidence was merely cumulat-
tlve in character. The Judgment re
fusing a new trial Is affirmed.
Richard Curd, J. S. Edwards, and
Jcro More, for plaintiff In error. Wil
liam Brunson, solicitor general, contra.
L Davis vs. State. Before Judge
Roan. Fulton superior court.
Lamar. J.—Tho ojilv error assigned
the failure of the Judge to direct a
verdict In favor of tho defendant. But
this court will never overrule ns er
roneous the refusal of the trial Judge
No Pity 8hown.
>r years fate was after me con
iisly.” writes F. A. Gulledge. Ver
Ala. "I had a terrible case o. .. OTI
causing 24 tumors. When all J Investigation showed that the shots
I ltuckten's Arnica Salve cured were only fire to frighten some mis-
Equally good for burns and nil | chtevous boys,
itml pains. Only 26c at all drui
I Cuthbert’* Reduced Rates.
CUTHBERT. Oa.. July 12.—The re
tluccd rates to Cuthbert. over the Geor-
I gla, Florida and Alabama railroad. In
connection with the boat line from
I Mobile and Pensacola. Is proving
great advantage to Cuthbert merchants
I and helpful to business conditions.
Since the rates have been In effect,
I this territory hae been Invaded by rep.
rSsentatlvea from Pensacola and Mo
bile firms. The rates and their price:
have enabled them to oell goods readi
ly. This haa not been very plea
to merchants In this territory, who
haVe heretofore sold this trade. So
for the past two weeks, they have
been slashing prices, so as to run them
■««» tiim i'iithh*rt merchants and
vs. State, 15 Ga. 205; Western A At
lantic R. Go. vs. Callaway, 111 Gu. 885.
Judgment affirmed.
F. R. Walker and 8. C.. Crane, for
plaintiff In error; C. D. Hill, solicitor
general, contra.
662. Williams vs. State. Before
Judge Carter. City court of Baxley.
Evtns, J.—1. Unless the recitals of
fact contained In n ground of a motion
for u new trial are approved or cer
tified as true by the trial Judge, the
errors therein alleged cannot be con
sidered. The simple allowance of an
amendment to the motion does not
amount to an approval.
2. To constitute forcible entry there
need be only such a number of per
sons or show of force as Is calculated
to deter the persons In possession from
undertaking to send them away or re
tain his possession. It Is not neces
sary that the party In possession re
sist tc such an extent that he Is actual
ly assaulted.
Judgment affirmed.
Thomas & Parker, for plaintiffs in
erro; N. J. Holton, solicitor, contra.
668. Sikes vs. State. Before Judge
Daley. Tattnall superior court.
Lamar. J.-*l. The burden Is upon
thq state: and when It relies upon cir
fusing to grant a new trlnl
Judgment affirmed.
A. H. Freeman, for plalntlfT In er-
| ror; W. G. Post, solicitor, contra.
666. Franks vs. state. Before Judge*
Felton. Bibb superior court.
Simmons. C. J.—1. It has never been
the practice In this state to enter on
the record the fnct that the prisoner
and his counsel were present wnen the
verdict wns rendered and when the
sentence was rronounced and from ar
raignment to sentence, or that the pris
oner wns asked, before sentence,
whether there W.n any reason why
sentence should not be pronounced
upon him. 'The silence of the record ns
to such facts Is. therefore, no cause for
arresting the Judgment or setting it
aside Smith vs. state, 60 Ga. 430; No
lan vs. state, 63 On. 138.
2. In view of the facts disclosed by
the record there wns no error In tho
refusal of the Judge to grant ball pend
ing the hearing of the motion to set
aside the judgment.
Judgment affirmed.
John It Cooper, for plglntlft In error.
William Brunson, solicitor general,
contra.
6C7,
Cobb, J.—1. In the absence of g
proper written request to charge a new
trlnl will not be granted because of The
failure of tho trial Judge to Instruct
tt»o Jury us to the law applicable to »he
Impeachment of witnesses. Anderson
vs. State. 117 Oa. 255, n. 4.
2. A proper request to charge should
embody the exact Instruction that the
party desires to be given. Hence a
ground of n motion for n new trla*.
complaining that the court "after nav-
ing been requested In writing to do
so. failed and refused to charge the
Jut> on the question of Impeachment
of witnesses." furnishes no reason for
granting a now trial. If In point of
fact the Instruction desired was writ
ten out and submitted to the Judge,
It should have been ret Wth In the
motion, In oifDr •*. that tho cupreine
court might •Mt-ra •un'n l"» !'»* r al suffi
ciency. On the ct s *~ h-’nil. K the re
quest ivqs In tho,I *nT»: »go contained In
tho me*it \ too general and
Do You Know^^
There s nothing more refreshing or invigorating
than a bottlo of good, cold boor. ? We offer you:
Christian Mocrlein Beer. Bergatr and Engel Tannhaussr B:j
Imported Wurzburger Beer.
Ring us up—558—for specially low prices.
Prompt delivery anywhere in city.
Genuine 8-ycar-oli Mount Vernon Rye at $3.50 per gallon.
$1.00 per quart. Other goai things Just as cheap.
Most complete stock in the city. Prompt attention to all orders.
Sam Weichselbaum & Mack
451 Cherry Street, Muon, Ga. The Leaders and Old Reliables.
You’ll tind us tho cleverest people in tho lino in city.
Writo for our price list and extra inducements.
Special Offer:—100 proof Whito Wheat, tho best goods
for Brandy Peaches $2.00 per gallon.
Crescent
r to refuse a request
to V .ir—* that a witness may be lm-'
p*•« he l ’by proof of contradictory
rt »t*»*r'**!»•*.*’ when the request fails
«•* r«* foith that the statements must
relit * ’to matters re vela nt to his tes-
t|.~rny and to the case." Penal code,
rcctlcn 1026. ,V •*
t. In a prosecution for the Illegal
s-.H of whiskey the state uced not
nrovc the exact (lay on which the sale
barge that the proved facts rausi mu , |tH1 ^ p | ar0i but only that It occurrr/l
nijr be consistent with Umocence, out w j t b| n two years previously to the
cutnstantlal evidence to convict a de
fendant, the proved facts must not
only be consistent with the hypothesis
of guilt, but Inconsistent with the hy-
nothesls of Innocence. v .
2. The converse is not true. \Vhev\
therefore, the defendant relies on cir
cumstantial evidence. It Is error to
charge that the proved facta must
Inconsistent with guilt.
Judgment reversed.
Twiggs A Oliver and W.
halter, for plaintiff tn erro:
lines, solicitor general, urn!
Hines, contra.
T Rurk-
flnding of tho Indictment or accusa
tion.
The evidence authorised tV
verdict.
Judgment affirmed.
Robert L Berner, for plaintiff In er
ror; Howard E. Chambliss, solicitor,
and Person* A Pet
Continued
WORLD’S FAIR ROUTE
Following low rates on sale from Macon, Ga.
$34.00 Routid Trip, good until Deo. 15.
28.40 ” ’’ ” ’ 60 days.
23 35 ” ” ” 15 days.
Through sleeping cars and elegant, quick service.
Write J. C. CONX, D. P. A.,'
Chattanooga, Tenn., for. particulars.
will be taken of the valur
tlonol coin of the United 8ta
s larceny case proof that
uch *
46. Graham vs. state. Before Judge
Evans. CUy court of New nan. t
Simmons. C. J.—The evidence
Don't Give the Baby
Dangerous Drugs.
Baby Ease
93 CENTS EVER/ Wit
were stolen will be sufficient to author- l
tse the Jury to infer the value which .
the coins represent.
2. The credibility of a witness Is si- ,
ways for the determination of the Jury: .
and It was not error to Instruct the >
Jury that a witness may be believed: |
although ’impeached” for general bad !
character. If the Jury believe the wit- .
ness has sworn the truth. The use of |
the word 'impeached.” In this conner*- i
tlon. was the equivalent of saying "at- ;
tacked." or "assailed." and the charge ,
was not calculated to mislead the Jury.
1. There was sufficient etrldepce to
warrant the verdict.
Judgment Affirmed.
James R Conyers, for plaintiff In er- I
ror: Samuel P. Maddox, solicitor gen-
generol, contra.
I SPEND A PLEASANT SUNDAY i
•AT TYBEE. THE BATHING 18 EX- i
1CELLENT. SPECIAL LEAVES UN- 1
event to authorize the ver»lt ■ ‘ 1 | IO>v DEPOT 4 40 A. M CARRIES
•..*r** • abuse of dlacreGcu m it* PARLOR CAR. SEAT FARE sOs.
Bibb Manufacturing Co.,
Macon, Ga.
Manufacturers of ——
Cotton Yarns, Warps,
Twines, Hosiery, Etc.
18 and 20 Thomas St.
New York Office.
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